HomeMy WebLinkAboutCity Council - 2007-40 RESOLUTION NO. 2007-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE HUNTINGTON
BEACH SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION
(SCLEA)AND THE CITY OF HUNTINGTON BEACH FOR THE
TERM OF JANUARY 1, 2007 THROUGH SEPTEMBER 30, 2008
IT IS HEREBY RESOLVED by the Council of the City of Huntington Beach that the
Memorandum of Understanding between the City of Huntington Beach and the Huntington
Beach Surf City Lifeguard Employees' Association(SCLEA), a copy of which is attached hereto
as Exhibit A and by reference made a part hereof, is hereby approved and ordered implemented
in accordance with the terms and conditions thereof. Such Memorandum of Understanding shall
be effective for the term of January 1, 2007 through September 30,2008.
IT IS FURTHER RESOLVED that the City Administrator or her/his designee is hereby
authorized to execute said Memorandum of Understanding.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 2nd day of July 52007.
Mayor
REVIEWED AND APPROVED: APPROVED AS TO FORM:
,City AShinistrator C C ty Attorney
INITI ND PPROVED:
Deputy ity Admi 'strator-City Services
07-1112/10882
Resolution No.2007-40
Resolution No.2007-40
SCLEA MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
ARTICLE I - TERM OF MOU 1
ARTICLE II - REPRESENTATION 1
A. REPRESENTATION UNIT 1
B. EMPLOYEE AND UNION RIGHTS 1
ARTICLE III - PAYROLL DEDUCTION OF UNION DUES 2
ARTICLE IV- UNIFORM ALLOWANCE 2
A. NEW HIRES 2
B. DAMAGED UNIFORM ARTICLES 2
C. UNIFORM- RETURNING RECURRENT OCEAN LIFEGUARD 2
D. SUNSCREEN AND LIP BALM 2
E. REPORTING OF UNIFORMS 2
ARTICLE V - PARKING PASSES 3
A. PARKING PASSES 3
B. PARKING PASS- BEFORE REQUALIFICATION 3
ARTICLE VI -ANNUAL RECURRENT OCEAN LIFEGUARD RE-QUALIFICATIONS 3
A. WORK AVAILABLE-- RETURN TO ACTIVE EMPLOYMENT 3
ARTICLE VII -ANNUAL PHYSICAL AND TECHNICAL TESTING 4
ARTICLE VIII - SALARY SCHEDULE 4
A. CURRENT SALARY SCHEDULE 4
B. WAGE INCREASES 4
ARTICLE IX- RETIREMENT 4
ARTICLE X -WORK DAY; WORK WEEK 5
A. FALL,WINTER, SPRING &SPRING BREAK AND SUMMER 5
B. NOT A GUARANTEE OF WORK 5
C. 1,500 HOURS 5
ARTICLE XI - SPECIAL PAY 5
A. EMT 5
B. BILINGUAL PAY 6
C. EFFECTIVE DATE OF SPECIAL PAY 6
ARTICLE XI - OVERTIME 6
SCLEA MOU 2007-2008 FINAL i
Resolution No.2007-40
SCLEA MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
ARTICLE XII - MISCELLANEOUS 6
A. EMPLOYER-EMPLOYEE RELATIONS RESOLUTION 6
B. RETURN TO WORK POLICY 6
C. GRIEVANCE PROCEDURE 7
ARTICLE XIII - CITY COUNCIL APPROVAL 8
EXHIBIT A 9
SCLEA MOU 2007-2008 FINAL 11
Resolution No.2007-40
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF HUNTINGTON BEACH AND
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION ("SCLEA")
Article I — Term of MOU
The City of Huntington Beach ("City") and the Surf City Lifeguards Employees Association
("SCLEA") have reached agreement for a limited Memorandum-of-Understanding ("MOU") for
the term of January 1, 2007 through September 30, 2008. The terms and conditions of
employment are as follows:
Article II — Representation
A. Representation Unit
City recognizes SCLEA as the representative concerning all matters relating
to employer-employee relations including, but not limited to wages, hours
and other conditions of employment for all employees in the "Recurrent
Ocean Lifeguard" Representation Unit, as follows:
Included: All City of Huntington Beach "Recurrent Ocean Lifeguard"
(Classifications: Ocean Lifeguard I, Ocean Lifeguard II, Ocean Lifeguard III,
Junior Guard Instructor I, Junior Guard Instructor II, Junior Lifeguard
Program Coordinator I, and Junior Lifeguard Program Coordinator II).
Excluded: Management Personnel, Marine Safety Officers, and all other
employees.
B. Employee and Union Rights
SCLEA shall have the right to represent all employees in the "Recurrent Ocean
Lifeguard" representation unit in their employment relations with the City,
including the Meyers-Milias-Brown Act ("MMBA") "meet and confer" process.
SCLEA MOU 2007-2008 FINAL 1
Resolution No.2007-40
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF HUNTINGTON BEACH AND
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION ("SCLEA")
Article III — Payroll Deduction of Union Dues
City will continue to deduct SCLEA's monthly union dues (on a bi-weekly basis) as designated
by SCLEA, and authorized by the individual employee. SCLEA agrees to hold the City
harmless for such payroll deductions. In the event of a SCLEA fee arrangement outside of an
agreement that is in effect, SCLEA shall indemnify and hold the City of Huntington Beach
harmless against any liability arising from any claims, demands, or other action relating to the
City of Huntington Beach's compliance with SCLEA's fee obligation as stated in Government
Code §3502.5.b.2.
Article IV — Uniform Allowance
A. New Hires
All new hires will be issued, at no charge, a full set of uniform articles and
equipment which includes: a hat, T-shirt, jacket, shorts, men's black
swimsuit, women's red swimsuit, tear-away sweatpants, sandals, fins,
sunglasses and bag.
B. Damaged Uniform Articles
The Operations Supervisor will replace uniform articles and equipment as
referenced in Article IV A. that are damaged in the line of duty or worn out
by the passage of time.
C. Uniform - Returning Recurrent Ocean Lifeguard
The city shall provide one set of shorts and a shirt to each returning
"Recurrent Ocean Lifeguard".
D. Sunscreen and Lip Balm
The city shall provide Sun Protection Factor (SPF) 15 sunscreen and lip
balm to all SCLEA members.
E. Reporting of Uniforms
For each CalPERS employee, the City will report to the California Public
Employees' Retirement System (CaIPERS), the average annual cost of uniforms
provided as special compensation in accordance with Title 2, California Code of
Regulations, Section 571(a)(5). The average annual cost of uniforms provided
shall include uniforms issued and article replacements during a payroll calendar
year. Reporting shall not include personal protective equipment, unless
otherwise permitted in accordance with CalPERS law.
SCLEA MOU 2007-2008 FINAL 2
Resolution No.2007-40
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF HUNTINGTON BEACH AND
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION ("SCLEA")
Article V — Parking Passes
A. Parking Passes
Parking passes will be issued to "Recurrent Ocean Lifeguards" who pass the
annual re-qualification exam.
B. Parking Pass - Before Requalification
Before re-qualification has been completed:
1. A parking pass will be provided to recurrents who are called to work; and
2. Recurrents who come to the beach to train may obtain a temporary pass for
that day from the on-duty Operations Supervisor.
Article VI — Annual Recurrent Ocean Lifeguard Re-qualifications
A. Work Available -- Return to Active Employment
If there is work available and if the "Recurrent Ocean Lifeguard" meets the
following criteria, the "Recurrent Ocean Lifeguard" shall be returned to
active employment for the following season:
1. The employee performance evaluations meet Marine Safety
Division (MSD) standards;
2. The employee did not resign or was not terminated from
employment with the City;
3. The employee completed the existing minimum hour working
standard;
4. The employee has successfully completed the yearly re-
qualification exam;
5. The employee has successfully completed and responded by the
dates designated in the recurrent Spring questionnaire.
SCLEA MOU 2007-2008 FINAL 3
Resolution No.2007-40
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF HUNTINGTON BEACH AND
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION ("SCLEA")
Article VII — Annual Physical and Technical Testing
City will continue to provide annual physical and technical testing of "Recurrent Ocean
Lifeguards".
Article Vill — Salary Schedule
A. Current Salary Schedule
"Recurrent Ocean Lifeguards" shall be compensated at an hourly rate by
classification title and pay range, as set forth in Exhibit A.
B. Wage Increases
1. Effective the first full pay period that includes June 15, 2007, all
bargaining unit employees shall receive a three and one-half percent
(3.5%) wage increase.
2. Employees in the classification of Junior Guard Instructor II received a
five percent (5%) wage increase on June 18, 2005 in exchange for
Emergency Medical Technician (EMT) special pay eligibility.
3. Effective the first full pay period that includes June 1, 2008, all
bargaining unit employees shall receive a one and one-half percent
(1.5%) wage increase.
Article IX — Retirement
All employees not eligible for enrollment in the California Public Employee's Retirement
System (CaIPERS) shall be enrolled in the Public Agency Retirement Services (PARS).
Effective the pay period that includes August 15, 2007, the City shall contribute 2.25%
and the employee shall contribute 5.25% towards the employee PARS contribution.
SCLEA MOU 2007-2008 FINAL 4
Resolution No.2007-40
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF HUNTINGTON BEACH AND
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION ("SCLEA")
Effective with the pay period that includes June 1, 2008, the City shall contribute an
additional 1.5% to the PARS employee contribution, bringing the total City contribution
to 3.75% and the employee shall contribute 3.75% towards the employee PARS
contribution.
Article X — Work Day; Work Week
A. Fall, Winter, Spring & Spring Break and Summer
City shall establish work schedules for Fall, Winter, Spring & Spring Break,
Summer and other schedules as needed.
B. Not a Guarantee of Work
Neither this provision nor any work schedule shall constitute a guarantee
of work (either daily or weekly) for"Recurrent Ocean Lifeguards".
C. 1,500 Hours
An employee represented by the SCLEA may work up to one thousand five
hundred (1,500) hours in a twelve-month (12-month) period. The 12-month
period shall be based on a City payroll calendar year. An employee shall not
work more than 1,500 hours in this 12-month period.
Article XI — Special Pay
A. EMT
1. Effective December 21, 2002, Ocean Lifeguard I, Junior Guard
Instructor I, Junior Guard Instructor II, Junior Lifeguard Program
Coordinator 1, and Junior Lifeguard Program Coordinator II
employees possessing an Emergency Medical Technician (EMT)
Certificate shall receive an additional five (5%) percent per hour
above their base hourly rate of pay.
2. Effective June 18, 2005, the Junior Guard Instructor II classification
shall not be eligible for EMT special pay.
SCLEA MOU 2007-2008 FINAL 5
Resolution No.2007-40
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF HUNTINGTON BEACH AND
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION ("SCLEA")
B. Bilingual Pay
SCLEA employees, who use their bilingual skill as part of their job
assignment, shall be paid an additional five percent (5%) over their base
hourly rate of pay. Employees shall be tested and certified by the Human
Resources Manager as to their language proficiency in order to be eligible
for said compensation. Eligibility for bilingual pay shall be limited to the
following languages: Spanish, Vietnamese, French, German, Japanese
and American Sign Language.
C. Effective Date of Special Pay
All special pay shall be effective the first full pay period following certification and
verification as approved by the Department Head or designee.
Article XII — Overtime
All unit employees shall be compensated at time and one half the regular rate of pay for all
hours worked in excess of forty (40) hours per week.
Article XIII — Miscellaneous
A. Employer-Employee Relations Resolution
During the term of the agreement, the City and SCLEA agree to update the
Employee-Employer Relations Resolution to reflect current State law.
B. Return to Work Policy
The City and the Association agree to the implementation of an Administrative
Regulation for a Return to Work / Transition Duty Program for employees who
experience industrial and non-industrial injury or illness.
SCLEA MOU 2007-2008 FINAL 6
Resolution No.2007-40
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF HUNTINGTON BEACH AND
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION ("SCLEA")
C. Grievance Procedure
For the purpose of this procedure, a grievance is specifically defined as a dispute
concerning the interpretation or application of any provision of the Memorandum
of Understanding or any departmental rule governing personnel practices or
working conditions. The grievance procedure shall consist of the following steps,
each of which must be completed prior to any request for further consideration of
the matter unless otherwise provided herein:
Step 1. If a SCLEA employee feels that he has a grievance, as defined in B above, he
or she may request a meeting with his immediate Marine Safety Lieutenant
within ten (10) calendar days after the employee becomes aware or reasonably
should have become aware of the subject matter of the grievance. The Marine
Safety Lieutenant, within five (5) calendar days of such request, shall meet with
the employee when so requested and discuss the grievance in an effort to
clarify the issue and work toward a cooperative settlement or resolution of the
dispute. The Marine Safety Lieutenant shall present, verbally and in writing, his
decision to the employee within five (5) calendar days from the time of the
informal discussion.
Step 2. If the grievance is not settled under Step 1, the grievance may be presented to
the Marine Safety Chief. The grievance shall be submitted within five (5)
calendar days after receipt of the written decision from Step 1. Within five (5)
days after receipt of the written grievance, the Marine Safety Chief shall meet
with the employee and his immediate supervisor, if any. Within five (5)
calendar days thereafter, a written decision shall be given to the employee from
the Marine Safety Chief. The decision by the Marine Safety Chief shall be
considered final and shall end the grievance procedure.
In the event the grievant does not comply with the time limits imposed by this Article, the
decision is deemed final and the grievance process shall end.
SCLEA MOU 2007-2008 FINAL 7
Resolution No.2007-40
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF HUNTINGTON BEACH AND
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION ("SCLEA')
Article X1111- City Council Approval
It is the understanding of the City and SCLEA that this MOU has no force or effect whatsoever
unless and until adopted by Resolution of the City Council of the City of Huntington Beach.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Understanding this 2nd day of July 2007.
City of Huntington Beach Surf City Lifeguard Employees' Association
(A Municipal Corporation)
B : B :
Pe ope Culbreth-Graft a II
ity Administrator SCL President
-3
By: By:
Bob Hall Matthew Wartian
D puty City Adminstrator Negotiations Team
B : B :
Kyle Lindo Chris Hubbard
C ' f of Marine Safety Negotiations Team
By: By.
Patti Ahumada Richard J. Silber
Senior Human Resources Analyst SCLEA Attorney
B : d�
Jennifer Lamp an
Senior Administrative Analyst
Approved As To Form:
Jennifer McGrath g,
City Attorney
SCLEA MOU 2007-2008 Final 8
Resolution No.2007-40
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF HUNTINGTON BEACH AND
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION ("SCLEA")
EXHIBIT A
Hourly Pay Schedule Effective June 2, 2007 (3.5% wage increase)
0244/0521 Ocean Lifeguard 1 374 $14.09 $14.86 $15.68 $16.54 $17.45
0248/0504 Ocean Lifeguard II 412 $17.00 $17.94 $18.93 $19.97 $21.07
0249/0439 Ocean Lifeguard III 427 $18.35 $19.36 $20.42 $21.54 $22.72
0246 Junior Guard Instructor 1 387 $15.03 $15.86 $16.73 $17.65 $18.62
0247/0573 Junior Guard Instructor II 412 $17.00 $17.94 $18.93 $19.97 $21.07
0250/0477 Junior Lifeguard Program 457 $21.30 $22.47 $23.71 $25.01 $26.39
Coordinator 1
0236/0476 Junior Lifeguard Program 485 $24.50 $25.85 $27.27 $28.77 $30.35
Coordinator II
SCLEA MOU 2007-2008 FINAL 9
Resolution No.2007-40
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF HUNTINGTON BEACH AND
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION ("SCLEA")
Hourly Pay Schedule Effective May 31, 2008 (1.5% wage increase)
.:
0244/0521 Ocean Lifeguard 1 377 $14.30 $15.09 $15.92 $16.80 $17.72
0248/0504 Ocean Lifeguard II 415 $17.27 $18.22 $19.22 $20.28 $21.40
0249/0439 Ocean Lifeguard III 430 $18.61 $19.63 $20.71 $21.85 $23.05
0246 Junior Guard Instructor 1 390 $15.25 $16.09 $16.98 $17.91 $18.89
0247/0573 Junior Guard Instructor II 415 $17.27 $18.22 $19.22 $20.28 $21.40
0250/0477 Junior Lifeguard Program 460 $21.62 $22.81 $24.06 $25.38 $26.78
Coordinator 1
0236/0476 Junior Lifeguard Program 488 $24.86 $26.23 $27.67 $29.19 $30.80
Coordinator II
SCLEA MOU 2007-2008 FINAL 10
Resolution No.2007-40
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF HUNTINGTON BEACH AND
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION ("SCLEA")
SCLEA MOU 2007-2008 FINAL 11
Res. No. 2007-40
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
1, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on the 2nd day of July, 2007 by the following
vote:
AYES: Bohr, Carchio, Cook, Coerper, Green, Hansen, Hardy
NOES: None
ABSENT: None
ABSTAIN: None
Cita.lerk and ex-officio 6ferk of the
City Council of the City of
Huntington Beach, California