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HomeMy WebLinkAboutCity Council - 2012-81 RESOLUTION NO. 2012-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION(SCLEA),BY ADOPTING THE SIDE LETTER OF AGREEMENT WHEREAS, on July 1, 2007, the City Council of Huntington Beach adopted Resolution No. 2007-40 for the purpose of adopting the Memorandum of Understanding(MOU)between the City and the Surf City Lifeguard Employees' Association(SCLEA); Subsequent to the adoption of the MOU, the.City of Huntington Beach and SCLEA agreed to changes, corrections, and clarifications to the MOU that are reflected in a Side Letter of Agreement between the City of Huntington Beach and SCLEA ("Side Letter Agreement") attached hereto as Exhibit A and incorporated herein by this reference. The Side Letter Agreement pertains to extending the term of the MOU. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach as follows: Section 1. The Side Letter Agreement attached hereto as Exhibit A is approved and adopted. Section 2. The Side Letter Agreement amends the MOU between the City of Huntington Beach and SCLEA. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of November, 2012 . Mayor REV ND APPROVED: - ....APIa�OVED A O FORM: Ci a4ger �� ity.Atto ey I N b: i ctor of man Resources City Of Huntington Beach SIDE LETTER AGREEMENT Representatives of the Surf City Lifeguard Employees' Association ("SCLEA'] and the City of Huntington Beach ("City'l hereby agree to the following terms related to the SCLEA MOU with respect to the following: MOU EXTENSION ARTICLE I—Term of MOU The Memorandum of Understanding (MOU) effective 01/01/07-09/30/08 and extended through 09/30/12 by the adoption of Resolution 2012-60; shall be extended, without modification to any additional article or provision, until June 30, 2013 or until a successor agreement is reached,whichever occurs first. Side-Letter Implementation The parties agree that this side-letter agreement and the implementation thereof will not be subject to Personnel Rule 19—Grievance Procedure/Non-Disciplinary Matters nor Article XIV-Miscellaneous(A) —Grievance Arbitration, or otherwise appealed either administratively or in a court of competent jurisdiction. IN WITNESS WHEREOF,th parties have caused this SIDE LETTER AGREEMENT to be executed by and through their authorized officers on Om7q/ _ a .2-01J, Huntington Beach City of Huntington Beach Surf City Lifeguards Employees'Association Richard J. Silber, Fred A. Wilson SCLEA Representative City Manager Dated: Dated: ("AOUNTERPART Chris Hubbard i ele rren SCLEA President erector of H72ro esources Dated: Dated: APPROVED AS TO FORM: Jesse Rothman SCLEA Representative Dated: � nnifer M. McGrath`- City Attorneyj + } Dated: ! ; 1 /Z 11/06/2012 TUE 17, 18 FAX FIR ADMINISTRATION 0002/002 City of Huntington Beach SIDE LETTER AGREEMENT i Representatives of the Surf City Lifeguard Employees' Association ("SCLE)VI and the City of Huntington Beach ("City'D hereby agree to the following terms related to the SCLEA MOU with respect to the following: i 1 MOU EXTENSION ARTICLE I—Term of MOU The Memorandum of Understanding (MOU) effective 01/01/07-09/30/08 and extended through 09/30/12 by the 1 adoption of Resolution 2012-60; shall be extended, without modification to any additional article or provision, until June 30,2013 or until a successor agreement is reached,whichever occurs first. Side-Letter Implementation The parties agree that this side-letter agreement and the implementation thereof will not be subject to Personnel Rule 19—Grievance Procedure/Non-Disciplinary Matters nor Article)(IV-Miscellaneous (A)—Grievance Arbitration,or otherwise appealed either administratively or in a court of competent jurisdiction. 3 IN WITNESS WHEREOF,the parties have caused this SIDE LETTER AGREEMENT to be executed by and through their authorized officers on ®dam ./ 9AQ AN 1 Huntington Beach City of Huntington Beach Surf City Lifeguards Employees'Association L Richard'].Silber, 114 Fred stun SCLEA Representative City anager Dated: ✓>0 - Dated: COUNTERPART i Chris Hubbard i ele rren SCLEA President erector of Human esources Dated: Dated: s -1 APPROVED AS TO FORM: esse Rothman SCLEA Representative Dated: Jennifer M. McGrath City Attorney Res. No. 2012-81 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, 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 November 19, 2012 by the following vote: AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, Boardman NOES: None ABSENT: None ABSTAIN: None Citjklerk and ex-officio6ferk of the City Council of the City of Huntington Beach, California