HomeMy WebLinkAboutCity Council - 2017-38 RESOLUTION NO. 2017-38
A RESOLUTION OF THE CITY COUNCIL; OF THE CITY OF HUNTINGTON BEACH
APPROVING AND IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY AND THE SURF CITY LIFEGUARD EMPLOYEES'
ASSOCIATION (SCLEA) FOR OCTOBER 1, 2015 THROUGH DECEMBER 31, 2017
The City Council of the City of Huntington Beach does resolve as follows:
The Memorandum of Understanding between the City of Huntington Beach and the 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 condidors thereof; and the Cit3- Manager is authorizes to execute
this Agreement. Such Memorandum of Understanding shall_ be effective for the term of October
1, 2015 through December 31, 2017.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the day of At6a_5T� zoa.
Mayor
APPROVED AS FORM:
City Attorney vW
INITI - EDP " D AL'P _,QED:
:rector of`Human Resources
REVI D APPROVED:
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17-5935/162533/mv
MEMORANDUM OF UNDERSTANDING
BETWEEN
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION
AND
CITY OF HUNTINGTON BEACH
o:
.r FB. )if0q• • �
R
OCTOBER 1 , 2015 - DECEMBER 31 , 2017
14B -475- Item 19. - 6
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 5
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
D. SUPEONA/COURT PAY 6
ARTICLE XII - OVERTIME 6
Item 19. - 7 HB _476_
SCLEA MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
ARTICLE XIII - MISCELLANEOUS 7
A. EMPLOYER-EMPLOYEE RELATIONS RESOLUTION 7
B. RETURN TO WORK POLICY 7
C. GRIEVANCE PROCEDURE 7
D. AB 1522-HEALTHY WORKPLACES, HEALTHY FAMILIES ACT OF 2014 8
E. DEATH RELATED BENEFITS 9
ARTICLE XIIII - CITY COUNCIL APPROVAL 10
EXHIBIT A - SALARY SCHEDULE 11
HB -47 7- Item 19. - 8
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 October 1, 2015 — December 31, 2017. The terms and conditions of employment
are as follows:
Article 11 — 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 ll, 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.
C. Marine Safety Division will provide space for a bulletin board in the Lifeguard
Headquarters for all SCLEA members to receive information.
,J October 1,2015—December 31,2017 9
Item 19. - 9 HB -478-
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 or higher 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 (CalPERS), the average annual cost of uniforms
provided as special compensation in accordance with Title 2, California Code of
SCLEA MOU October 1,2015—December 31,2017
HB _479_ Item 19. - 10
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA)
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.
1. This section shall not apply to new members of this unit who are designated
by CalPERS as "new members" in accordance with GC Section 7522.04 (f)
and whose "Pensionable Compensation" is subject to the provisions of GC
Section 7522,34.
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;
October 1,2015-December 31,2017
Item 19, - 1 1 HB -480-
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA)
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.
Article VII — Annual Physical and Technical Testing
A. City will continue to provide annual physical and technical testing of "Recurrent
Ocean Lifeguards."All unit employees will receive recertification training and skills
testing each year during the annual requalification process. The actual number
of minimally required training hours will be determined annually by Marine Safety
Division Administration.
B. City to provide annual skin cancer screening examinations to all unit employees
to be conducted by a medical facility selected by the City at Lifeguard HQ or
Junior Guard HQ. Unit employees who are screened off duty will be paid one (1)
hour of compensation at the employee's base hourly rate of pay.
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 beginning of the pay period following City Council approval or
August 12, 2017, whichever is later, all bargaining unit employees shall
receive a four percent (4%) wage increase.
SCLEA MOU October 1,2015—December 31,2017
H B -48 1_ Item 19. - 12
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA)
Article IX — Retirement
All employees not eligible for enrollment in the California Public Employees' Retirement
System (CaIPERS) shall be enrolled in the Public Agency Retirement Services (PARS).
All PARS contributing employees of this unit shall pay 7,5% towards the 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. Employees who maintain certification as Emergency Medical Technicians
("EMTs") according to State of California regulations and Orange County
EMT policy in the classifications of Ocean Lifeguard I, Junior Guard Instructor
I, Junior Guard Instructor 11, Junior Lifeguard Program Coordinator I and
Junior Lifeguard Program Coordinator II, shall receive an additional five
percent (5%) per hour above their base hourly rate of pay. It is the employee's
Item 19. - 13 October 1,2015-December 31, 2017 HQ V4 2-
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA)
responsibility to maintain the EMT certification and to have a current EMT
Certification on file. [This provision became effective June 30, 2014].
2. Employees in the classifications of Ocean Lifeguard II and Ocean Lifeguard III
shall not be eligible for EMT special pay. Employees in these classifications
shall be paid their base hourly rate for the 24 hours of required bi-annual re-
certification. The hours paid/worked during the bi-annual EMT re-certification
course shall not count towards satisfying the minimum hour requirement for
reserve status. [This provision became effective for all recertifications
completed on or after May 1, 2014].
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 Director 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 beginning of the first full pay period following
certification and verification as approved by the Department Head or designee.
D. Subpoena/Court Pay
Unit employees required/subpoenaed to attend proceedings that occur either on
unscheduled work days and/or outside of scheduled work hours, which are
directly related to Marine Safety employment, will be paid at the employee's base
hourly rate for time in attendance at said proceedings.
Article XII — Overtime
A. 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.
SCLEA MOU October 1,2015—December 31,2017 r HB -483-
Item 19. - 14
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA)
B, Effective the first calendar date of the named holidays commencing subsequent
to City Council approval of this agreement, employees shall receive 1.5 tirnes
their base hourly rate of pay for all hours worked on the City Observed Holidays
of Memorial Day and Labor Day. Employees who meet or exceed 40 work hours
in the FLSA work period as of the City Observed Holiday will receive 1.5 times
their base hourly rate of pay for all hours worked on the City Observed Holidays.
(No double-time and one-half/2.5).
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.
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 C 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
Dctober 1,2015—December 31,2017 7
Item 19. - 15 HB -484-
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA)
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.
Step 3. If the grievance is not settled under Step 2, the grievance may be presented to
the Department Director/Fire Chief or designee. The grievance shall be
submitted within five (5) calendar days after receipt of the written decision from
Step 2. Within five (5) days after receipt of the written grievance, the
Department Director/Fire Chief or designee shall meet with the employee and
his/her immediate supervisor, if any. Within five (5) calendar days thereafter, a
written decision shall be given to the employee from the Department
Director/Fire Chief or designee, The decision by the Department Director/Fire
Chief or designee 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.
D. AB 1522 — Healthy Workplaces, Healthy Families Act of 2014
The City agrees to provide unit members with paid sick leave benefits in
accordance with state law.
SCLEA MOU October 1, 2015—December 31,2017 °
HB _485_ Item 19. - 16
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION! (SCLEA)
E. Death Related Benefits
In the event a SCLEA unit member expires while engaging in the performance of
his/her duties in the course and scope of his/her work; and should his/her
beneficiaries/survivors be entitled to death-related benefits in accordance with
State of California Workers' Compensation law, the City agrees to provide the
named beneficiary designated to receive the employee's final pay warrant as the
beneficiary for a one-time final expense stipend of $10,000. Such stipend shall
be in addition to, and not in lieu of, any death-related and/or other benefits
his/her beneficiaries/survivors may be entitled to under State of California
Workers' Compensation law. Such stipend payment to the beneficiary is not life
insurance and is subject to the appropriate treatment under Internal Revenue
Service regulations.
Jctober 1,2015 —December 31, 2017 Q
Item 19. - 17 HB -486-
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA)
Article XIIII — 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 day of,4&q.5 7.
City of Huntington Beach Surf City Lifeguard Employees' Association
(AM ni i Corporation)
By: By:
r d A. Wilson Ryan Camps
C' Manage SCLEA President
_ , By-
Michele Warren David Wagner
Director of Human Resources Negotiations Team
B : B :
Mike Baum.g'artner Peter Eich
Marine Safety Division Chief Negotiations Team
�By: By:
���is
JoAnn pia Adam I. Miller
Principal Human Resources Analyst SCLEA Attorney
Sandy Henderson Corey A. Miller
Senior Huma& esources Analyst SCLEA Attorney
By: 0jAjzrUL& &
Antonia Graham
Assistant to the City Manager
Approved as to flal
COUNTIERPART
Michael E. Gates
City Attorney
SCLEA MOU October 1,2015—December 31,2017 10
i
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 7)7V day ofAmM72017.
City of Huntington Beach Surf City Lifeguard Employees' Association
(A Municipal Corporation)
By: By:
Fred A. Wilson an Camps
City Manager SC--L-EA President
f
By: B. :
Michele Warren David Wagner
Director of Human Resources egotiati Tearn
By: B
Mike Baumgartner Peter Eich
Marine Safety Division Chief Negotiations Team
By:
By:
JoAnn Diaz Adam 1. Miller
Principal Human Resources Analyst SCLEA Attorney
By: By:
Sandy Henderson Corey A, Miller
Senior Human Resources Analyst SCLEA Attorney
By:
Antonia Graham
Assistant to the City Manager
Approved as to form:
COUNTERPART
Michael E. Gates
City Attorney
SCLEA MOU October 1,2015—December 31,2017 10
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA)
Article XIIII — 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-7A/day of 2017.
City of Huntington Beach Surf City Lifeguard Employees' Association
(A Municipal Corporation)
By: By:
Fred A. Wilson Ryan Camps
City Manager SCLEA President
By: By:
Michele Warren David Wagner
Director of Human Resources Negotiations Team
By: By:
Mike Baumgartner Peter Eich
Marine Safety Division Chief Negotiations Team
By:
By:
JoAnn Diaz Adam I. Miller
Principal Human Resources Analyst SCLEA Attorney
BY: B :
Sandy Henderson Corey A. Miller
Senior Human Resources Analyst SCLEA Attorney
By:
Antonia Graham
Assistant to the City Manager
Approved as to form:
COUNTERPART Michael E. Gates
City Attorney
SCLEA MOU October 1,2015—December 31,2017 10
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION ("SCLEA")
EXHIBIT A - SALARY SCHEDULE
4910 Effective August 12, 2017
Job Code Classification Range A B C D E
0244/0521 Ocean Lifeguard I SCL377 15.88 16.75 17.67 18.65 19.68
0248/0504 Ocean Lifeguard II SCL415 19.18 20.23 21,34 22.52 1 23.75
0249/0439 Ocean Lifeguard III SCL430 22.99 24.25 25.59 27.00 28.49
0246 Junior Guard Instructor I SCL390 16.93 17.87 18.86 19.88 20.98
0247/0573 Junior Guard Instructor II SCL415 19.18 20.23 21.34 22.52 23.75
0250/0477 Junior Lifeguard Program Coordinator I SCL460 24.00 25.32 26.71 28.17 29.73
0236/0476 Junior Lifeguard Program Coordinator II rSCL488 27.60 29.12 30.72 32.41 34.20
Ddober 1, 2015--December 31, 2017
Item 19. - 19 HEM -488-
Res. No. 2017-38
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU 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 August 7, 2017 by the following vote:
AYES: O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden, Peterson
NOES: None
OUT OF ROOM: None
ABSTAIN: None
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California