Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
SCLEA - Surf City Lifeguard Employees Association - 1997-04-07
SURF CITY LIFEGUARD EMPLOYEES ASSOCIATION CONTRACT TERM December 21 , 2002 t0 December 31 , 2004 GifY OF HUNTINGTON BEACH MEETING DATE: February 18, 2003 DEPARTMENT ID NUMBER: 03-013 CZ Council/Agency Meeting Held: ;�IIK10.3 f Deferred/Continued to: /E4 Approved LJ Conditionally Approved Ll Denied City Clerk's Signature , Council Meeting Date: February 18, 2003 Department ID Number: 03-013. CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, CITY ADMINISTRATOR V0 PREPARED BY: WILLIAM P. WORKMAN, ASSISTANT CITY ADMINISTRATOR CLAY MARTIN, DIRECTOR OF ADMINISTRATIVE SERVICES SUBJECT: APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE SURF CITY LIFEGUARD EMPLOYEE ASSOCIATION s, / /�4 '003 -/ 7- Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: Should the city and the Surf City Lifeguard Employees', Association enter into a new Memorandum-of-Understanding covering the period of December 21, 2002 through December 31, 2004? Funding Source: Funding is included in the Fiscal Year 2002/2003 budget. The total annual cost to implement , the Memorandum-of-Understanding with the Surf City Lifeguard Employees' Association is $29,000. Recommended Action: Adopt Resolution No. ,;?Q0Z —/ 7 , a resolution of the City Council of Huntington Beach approving and implementing the Memorandum-of-Understanding between the Surf City Lifeguard Employees' Association (SCLEA) and the City of Huntington Beach for 12/21/02 through 12/31/04. Alternative Action(s): Reject the resolution and maintain the current salary and benefits of the Surf City Lifeguard Employees' Association. f, � 2003 SCLEA MOU.doc -1- 2/6/2003 4:36 PM RLQUEST FOR COUNCIL ACTION MEETING DATE: February 18, 2003 DEPARTMENT ID NUMBER: 03-013 Analysis: Representatives of the City and the Surf City Lifeguard Employees' Association (SCLEA) have completed the meet and confer process with agreement on a new Memorandum-of- Understanding (MOU) for the period of December 21, 2002 through December 31, 2004. Proposed modified salary and benefit changes include the following: Salary Three percent (3%) salary increase effective December 21, 2002. As a point of reference the current Consumer Price Index for Urban Wage Earners and Clerical Workers averages 2.5% for the Los Angeles-Riverside-Orange County region. This is based on the period October 1, 2001 through September 30, 2002. Classification and Compensation Study The city's Human Resources Division will conduct a classification and compensation study of the Junior Lifeguard Instructor series (level I and 11) and their relationship to Ocean Lifeguard (level I and 11) classifications by April 1, 2003 with the results subject to the meet and confer process, review and recommendation of the Personnel Commission, and approval by the City Council. Special Pay Emergency Medical Techinian (EMT) certification and Bilingual Language special pays will be increased from 00.50 per hour to 5% of regular hourly rate of pay. Attachment(s): . ® - o ® - Resolution to adopt Memorandum of Understanding, including Exhibit A, Memorandum-of-Understanding between the City of 1 Huntington Beach and the Surf City Lifeguard Employees' .7 3-1.7 Association for December 21, 2002 through December 31, 2004 Legislative Draft of the Memorandum-of-Understanding between the 2 City of Huntington Beach and the Surf City Lifeguard Employees' Association for December 21, 2003 through December 31, 2004 RCA Author: William McReynolds 2003 SCLEA MOU.doc -2- 2/6/2003 4:36 PM RESOLUTION NO. 2003-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE SURF CITY LIFEGUARD EMPLOYEES ASSOCIATION AND THE CITY OF HUNTINGTON BEACH FOR 12/21/02= 12/3:1/04 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, 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, and the City Administrator is authorized to execute this Agreement. Such Memorandum of Understanding shall be effective for the term December 21, 2002 through December 31, 2004. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 18th day of Febrauary , 2003. Mayor ATTEST: �i APPROVED AS TO FORM: • ��J1G1�1=rt�' City Clerk jity Atto y REVIEWED AND APPROVED: INITIATED PRO ED: City Admuustrator Director of strative ervices 03 reso/life.-u ard/J4/03 EXHIBIT " A " �� ' _. SCLEA MEMORANDUM OF UNDERSTANDING ' TABLE OF CONTENTS Article l-Term mfM{]lJ----.--.-.--.--.-._------------.--..--.-------..----- 1 AutiolelIRepresentation .-.--.-...----..--.--.-..-.-..----..-----.---.---.----.--- 1 � . ' l�o�� _._-...,..,.---`-^—~.`_-..^'-_,--'-~,-'_---',_'-__'_ � ' ` ' ' ' ' ' I B. Employee and Union Rights. ........................................---�` Article III-Payroll Deduction of Union Dues........................................................................................... 2 ArticleIV-Uniform Allowance................................................................................................................ Z A. New Hires ....................................................................................................................................... 2 B. Damaged Uniform Articles............................................................................................................. 2 C. LTuiform - Returning Recurrent Ocean Lifeguard -.--.--.-..---..----------.----2 D. Sunscreen and Lip Balm................................................................................................................. 2 Articlel/-Parking Passes.......................................................................................................................... 3 A. Parking Passes----------------^---------.--''--''-------''-'--'~.. ] Parking l»uoa -Before 'fication--...--..--.-.---.----.--.---.----_..-_...-_. 3 Article V -Azunznl Recurrent Ocean Lifeguard ........................................................... 3 A. WorkAvoiloble -ReturotoAotive Employment.-----..-.---..---------------.-. 3 B. Changes in Existing Minimum Hours.............................................................................................4 Article V1I-Annual PhysicalaodToclonico}Testinc.................................................................................4 ArticleVIII-Salary Schedule....................................................................................................................4 A. Current Salary Schedule .................................................................................................................4 B. Classification and Compensation Study ..___.-_-'.--_-_-___--._-'__.._.___.-_..-__'4 Article.JX-Work,' ay; Work Week_........_..-,...................................-' ..................................................4 ` A. Fall, Winter, Spring & Spring Break and Sozomer---.--..----.--.--.--' .---- 4 B. Not a Guarantee of Work................................................................................................................ 5 C. l,58U Hours..................................................................................................................................... 5 ArticicX-Special Pay................................................................................................................................ 5 A. EMT................................................................................................................................................ 5 B. Bilingual Pay................................................................................................................................... 5 ArticleXI-Overtime................................................................................................................................. 6 Article XII-Commencement mf"Meet and Confer"Process ................................................................... 6 Article X2II-City Council ---------------------..-.---..-_.--.--.-.-7 EXHIBITA......................................................................................................................................... 8 8CI.EA Salary Schedule, Effective December 2l, 2802.................................................................... 0 � 200e8oLEA MOU Fioa�oo ' 2wmoo38�Omw ~~ � --OC fi\ � MEMORANDUM OF UNDERSTANDING BETWEEN � THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARDS 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 December 21, 2002 through December 31, 2004. 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 ll, Ocean Lifeguard lll, Junior Guard Instructor I, Junior Guard Instructor II, Junior Lifeguard Program Coordinator I, and Junior Lifeguard Program Coordinator ll). 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 city, including the Meyers-Milias-Brown Act ("MMBA") "meet and confer" process. 2002 SCLEA MOU Final.doc 1 2/4/2003 9:06 AM MEMORANDUM OF UNDERSTANDING BETWEEN ` c �a�_1.7 THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARDS EMPLOYEES ASSOCIATION ("SCLEA") Article III — Payroll Deduction of Union Dues City will continue to deduct SCLEA's monthly union dues (bi-weekly basis) as designated by SCLEA, and authorized by the individual employee. SCLEA agrees to hold 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 1V — 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, and bag. B. Damaged Uniform Articles The Operations Supervisor will replace uniform articles 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, tear-away sweatpants 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. 2002 SCLEA MOU Final.doc 2 2/4/2003 9:06 AM 7'J rj MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARDS 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 Regualification 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 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. 2002 SCLEA MOU Final.doc 3 2/4/2003 9:06 AM MEMORANDUM OF UNDERSTANDING BETWEEN j Aoa3 _ 1 .7 THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARDS EMPLOYEES ASSOCIATION ("SCLEA") B. Changes in Existing Minimum Hours City and SCLEA agree that changes in the existing minimum hour working standard (80 hours) are a proper subject for the meet and confer process during the term of this agreement. Article VII — Annual Physical and Technical Testing City will continue to provide annual physical and technical testing of "Recurrent Ocean Lifeguards". Article VIII — Salary Schedule A. Current Salary Schedule Effective December. 21, 2002, "Recurrent. Ocean Lifeguards" shall . be compensated at an hourly rate by classification title and salary range, as set forth in Exhibit A. B. Classification and Compensation Study The city's Human Resources Division will conduct a classification and compensation study of the Junior Lifeguard Instructor series (level I and II) and their relationship to Ocean Lifeguard (level I and II) classifications by April 1, 2003 with the results subject to the meet and confer process, review and recommendation of the Personnel Commission, and approval by the City Council. Article IX—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. 2002 SCLEA MOU Final.doc 4 2/4/2003 9:06 AM MEMORANDUM OF UNDERSTANDING BETWEEN 12c-j THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARDS EMPLOYEES ASSOCIATION ("SCLEA") 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 SCLEA employees will be able to work up to one thousand five hundred (1,500) hours in a twelve (12) month period. The twelve (12) month period shall be a rolling 12-month period, which means an employee may not work more than 1,500 hours in the previous 12 months. Article X— Special Pay A. EMT Effective December 21, 2002, Ocean Lifeguard I, Junior Guard Instructor I, Junior Guard Instructor II, Junior Lifeguard Program Coordinator I, and Junior Lifeguard Program Coordinator II u-p# employees possessing an Emergency Medical Technician (EMT) Certificate shall receive an additional five (5%) percent per hour above their regular hourly wage. 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 regular 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 sign language. 2002 SCLEA MOU Final.doc 5 2/4/2003 9:06 AM 1, MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARDS EMPLOYEES ASSOCIATION ("SCLEA") Article XI — Overtime All unit employees shall be compensated at time and one half for all hours worked in excess of forty (40) per week. Article XII — Commencement of"Meet and Confer" Process Upon request of either party, the "meet and confer" process for "all issues" between the parties concerning "wages, hours, and other terms and conditions of employment" concerning calendar year 2004 of the MOU shall commence on or about August 1, 2003. The provisions of this Memorandum-of-Understanding shall not change until adopted by Resolution of the City Council of Huntington Beach. Upon request of either party, the "meet and confer" process for a new agreement to be effective January 1, 2005 shall commence on. or about August 1, 2004. A proper subject for the "meet and confer" process for a new Agreement, effective January 1, 2005 shall include "all issues" between the parties concerning "wages, hours, and other terms and conditions of employment". 2002 SCLEA MOU Final.doc 6 2/4/2003 9:06 AM J MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND �— 1 SURF CITY LIFEGUARDS EMPLOYEES ASSOCIATION ("SCLEA") Article XIII — City Council Approval It is the understanding of 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 February 2003. City of Huntington Beach Surf City Lifeguards Employees Association (A Municipal Co ration) B - William P. Workman Adam Miller Assistant City Administra or SCLEA President f ,Qf ay Martin Mike Director Administrative Services SCLEA Boa udd ember t _ Jim Engl chard J. Silber Dir c r of Commu y Services CLEA Attorney Approved As To Form: r Y l Jennifer McGra City Attorney 2002 SCLEA MOU Final.doc 7 2/4/2003 9:06 AM U MEMORANDUM OF UNDERSTANDING BETWEEN r12" THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARDS EMPLOYEES ASSOCIATION ("SCLEA") EXHIBIT A SCLEA Salary Schedule, Effective December 21, 2002 0244 Ocean Lifeguard 1 353 12.68 13.38 14.12 14.90 15.72 0248 Ocean Lifeguard II 391 15.32 16.16 17.05 17.99 18.98 0249/0439 Ocean Lifeguard III 406 16.52 17.43 18.39 19.40 20.47 0246 Junior Guard Instructor 1 366 13.53 14.27 15.06 15.89 16.76 0247 Junior Guard Instructor II 381 14.60 15.40 16.25 17.14 18.08 0250 Junior Lifeguard Program 436 19.19 20.25 21.36 22.53 23.77 Coordinator Junior Lifeguard Program 0236 Coordinator II 464 22.06 23.27 24.55 25.90 27.32 2002 SCLEA MOU Final.doc 8 2/4/2003 9:06 AM Res. No. 2003-17 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, 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 an regular meeting thereof held on the 18th day of February 2003 by the following vote: AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy NOES: None ABSENT: None ABSTAIN: None City Clerk and ex-officio C rk of the City Council of the City of Huntington Beach, California SCLEP,-oviEMORANDUM OF UNDERSTANL LNG TABLE OF CONTENTS ArticleI—Term of MOU............................................................................................................................ 1 ArticleII—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 ArticleV —Parking Passes..........................................................................................................................2 A. Parking Passes.................................................................................................................................2 B. Parking Pass - Before Requalification ............................................................................................3 Article VI—Annual Recurrent Ocean Lifeguard Re-qualifications ...........................................................3 A. Work Available --Return to Active Employment..........................................................................3 B. Changes in Existing Minimum Hours.............................................................................................3 Article VII—Annual Physical and Technical Testing ................................................................................4 ArticleVIII—Salary Schedule....................................................................................................................4 A. Current Salary Schedule..................................................................................................................4 1 ...................................................................................................................4 B. Classification and Compensation Study..........................................................................................4 Article IX—Work Day; Work Week..........................................................................................................4 A. Fall, Winter, Spring & Spring Break (Easter) and Summer............................................................4 B. Not a Guarantee of Work................................................................................................................5 C. 1,500 Hours.....................................................................................................................................5 ArticleX — Special Pay...............................................................................................................................5 A. EMT ................................................................................................................................................5 B. Bilingual Pay...................................................................................................................................5 ArticleXI—Overtime .................................................................................................................................6 Article XII—Commencement of"Meet and Confer" Process....................................................................6 Article XIII—City Council Approval.........................................................................................................7 EX141BI n ..............................................................................8 SCLEA S i, Schedule Eff fi e De embe 22 2000 .8 ....................................................................9 EXHIBITA.........................................................................................................................................9 SCLEA Salary Schedule, Effective December 21, 2002....................................................................9 2002 SCLEA MOU Draft.doc i 2/6/2003 4:32 PM MEMOR.,ADUM OF UNDERSTANDING BE's 4EEN THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARDS 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") MQU for the term of December 21, 2002 through December 31, 2004 Jae' December 31;2G2-. 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 Jr-. Guard Instructor I, Junior Jr-. Guard Instructor II, Junior Jr Lifeguard Program Coordinator I, and Junior Jr-. 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 city, including the Meyers-Milias-Brown Act ("MMBA") MMBA "meet and confer" process. 2002 SCLEA MOU Draft.doc 1 2/6/2003 4:32 PM MEMOR,,NDUM OF UNDERSTANDING BE's WEEK THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARDS EMPLOYEES ASSOCIATION ("SCLEA") Article III — Payroll Deduction of Union Dues City will continue to deduct SCLEA's monthly union dues (bi-weekly basis) as designated by SCLEA, and authorized by the individual employee. SCLEA agrees to hold 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 Speede, women's red swimsuit, tear-away sweatpants, sandals, and bag. B. Damaged Uniform Articles The Operations Supervisor will replace uniform articles 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, tear-away sweatpants 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. Article V — Parking Passes A. Parking Passes Parking passes will be issued to "Recurrent Ocean Lifeguards" who pass the annual re-qualification exam. 2002 SCLEA MOU Draft.doc 2 2/6/2003 4:32 PM MEMORANDUM OF UNDERSTANDING BEREEN THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARDS EMPLOYEES ASSOCIATION ("SCLEA") 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 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. B. Changes in Existing Minimum Hours City and SCLEA agree that changes in the existing minimum hour working standard (80 hours) are a proper subject for the meet and confer process during the term of this agreement. 2002 SCLEA MOU Draft.doc 3 2/6/2003 4:32 PM MEMOk,-,NDUM OF UNDERSTANDING BE I vVEEN THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARDS 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 Effective December 21, 2002 Aprill 1, 2000, "Recurrent Ocean Lifeguards" shall be compensated at an hourly rate by classification title and salary range, as set forth in Exhibit A. B. Future Sal----,- Ir c-,r-- ses EYte '.(ivv—che first pay peFied in Innu ry of 001 and lams ry 2002 thee salary G e dulo for "R Urront /loons 1 if nrd" ssifi tion shall be vu��Eh eEurrcrrrvccarr�rre�urcr--�.rrrEazrvr�rvc i norease J by six noroont (6 0%) oaoh year as set forth in Exhibit A. B. Classification and Compensation Study The city's Human Resources Division will conduct a classification and compensation study of the Junior Lifeguard Instructor series (level 1 and 11) and their relationship to Ocean Lifeguard (level I and 11) classifications by April 1, 2003 with the results subject to the meet and confer process, review and recommendation of the Personnel Commission, and approval by the City Council. Article IX — Work Day; Work Week A. Fall, Winter, Spring & Spring Break Master 3 and Summer City shall establish work schedules for Fall, Winter, Spring & Spring Break tester, Summer and other schedules as needed. 2002 SCLEA MOU Draft.doc 4 2/6/2003 4:32 PM MEMOO DUM OF UNDERSTANDING BE i 4EEN THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARDS EMPLOYEES ASSOCIATION ("SCLEA") 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 SCLEA employees will be able to work up to one thousand five hundred (1,500) hours in a twelve (12) month period. The twelve (12) month period shall be a rolling 12-month period, which means an employee may not work more than 1,500 hours in the previous 12 months. Article X — Special Pay A. EMT Effective December 21, 2002 DGGeFnbeF 23, 2000, Ocean Lifeguard 1, Junior Guard Instructor 1, Junior Guard Instructor 11, Junior Lifeguard Program Coordinator I, and Junior Lifeguard Program Coordinator 11 un# employees possessing an Emergency Medical Technician (EMT) Certificate shall receive an additional five (5%) percent fi#y GeptS (.50e) per hour above their regular hourly wage. B. Bilinqual Pay SCLEA employees, who use their bilingual skill as part of their job assignment, shall be paid an additional five percent (5%) over their regular 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 sign language. EffeGtiV9 ,per+eGeembeF 23, 2000 unit employees wh—w„o�Te�;Te h�iT `' Head to use their gual abilities as part of their job n�J2`N` I r'v`rF`�m��,e it 6h ll be paid an additiGn�al fifty nent6 ( 5( E4) pee heuF above 2002 SCLEA MOU Draft.doc 5 M/2003 4:32 PM MEMOkmNDUM OF UNDERSTANDING BEl WEEN THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARDS EMPLOYEES ASSOCIATION ("SCLEA") their regular heurly wage.ge. Employees who required by t�hi a Ftmr"`Jo�{H o Dep ad utilize the � I "e'�t1 ual 6kill may be required to be tested #and Ge +f+ rnn he HuTAPR Re6euT^Ge�TGer as `7to`^ #SFr laRguage Article XI — Overtime E#eGtiVG May 27, 2000, a All unit employees shall be compensated at time and one half for all hours worked in excess of forty (40) per week. Article XII — Commencement of "Meet and Confer" Process Upon request of either party, the "meet and confer" process for "all issues" between the parties concerning "wages, hours, and other terms and conditions of employment" concerning calendar year 2004 of the MOU shall commence on or about August 1, 2003. The provisions of this Memorandum-of-Understanding shall not change until adopted by Resolution of the City Council of Huntington Beach. Upon request of either party, the "meet and confer" process for a new agreement to be effective January 1, 2005 januaFy 1, 2003 shall commence on or about August 1, 2004 A�pry, E;t i 2002 A proper subject for the "meet and confer" process for a new Agreement, effective January 1, 2005 januaFy 1, 2003 shall include "all issues" between the parties concerning "wages, hours, and other terms and conditions of employment". 2002 SCLEA MOU Draft.doc 6 2/6/2003 4:32 PM MEMOh,,NDUM OF UNDERSTANDING BE i rVEEN THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARDS EMPLOYEES ASSOCIATION ("SCLEA") Article XI11 — City Council Approval It is the understanding of 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 November, 2002 April, 000. City of Huntington Beach Surf City Lifeguards Employees Association (A Municipal Corporation) By: William P. Workman Adam Miller Assistant City Administrator SCLEA President Clay Martin Mike Judd Director of Administrative Services SCLEA Board Member Jim Engle Richard J. Silber Director of Community Services SCLEA Attorney Approved As To Form: Gail Hutton City Attorney 2002 SCLEA MOU Draft.doc 7 2/6/2003 4:32 PM MEMOK,,NDUM OF UNDERSTANDING BE l WEEN THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARDS EMPLOYEES ASSOCIATION ("SCLEA") EXHIBIT .A. ScEA C1 SalaFy SGhedule9 EffeGtive Argil 1' 9000 steps Jed Cede ClassmfoGa R-amge A € O O € 4 32-3i $�1 0 �+ 2 $�4 2 1 5 $�2 $�133.5�+3 4939 nnoar, 1 ifng re^I 11 354 t2.5643.25 �8 � t�6 4940 QGeaR Lifeguafd44 366 13.53 44.27 15.06 45.89 16.76 jr. Guard ln6tFUGtGF I 336 44.66 42.39 12.98 13.69 14 44 jr. Guard IR6tFLIGteF 364- 12.56 43.25 13.98 44.75 15.56 jr. I ifneY��aProgramti Program494� 4A6 16.52 17.43 44�9 19.40 20.47 GoordIr I ifnrnlareJ Dreetiram 49 434 4 9.00 39:84 21-14 22.39 23.53 SC EA Salary SGhedulef r�Effentive DeGeher 9Q 7nn0 steps job Code Classof1} RanW A 8 O $ € 4933 OGean 1 ifeg rrl 1 335 $11.60 $1� $12.91 C G$13.62 4939 QGe an I ifeguaFr1 II 363 �� 7 14.34 15.66 46.52 4940 QGeap I if a e n d III 37-3 14.33 15.17 46.00 46.86 47.81 jr. Guard ln6tFUGtGF 1 343 42.36 43.04 43.76 14.52 45.33 363 43.34 14.07 14.84 15.66 16.52 (r Lifeguard Dreerram 4947 44-8 47.55 18.51 19.53 20.69 24.73 jr. ifn`vi�are^I DreeYrom 492� I 446 2016 21.27 22.44 23.67 24.97 2002 SCLEA MOU Draft.doc 8 2/6/2003 4:32 PM MEMOK,,NDUM OF UNDERSTANDING BE o a✓EEN THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARDS EMPLOYEES ASSOCIATION ("SCLEA") SCLEA Salary SGhedule, Effective , 20tt Steps job Code Glasrsi#ica A a C O E- 12.99 4939 0Gean I ifnn���rr) 11 � 6 ��4 `�' 5.76 16.63 17 .54 4940 mean I ifenu r4 I1I 3W 15.25 46.09 46.98 47.91 48.89 369 13.15 13.87 14-63 15.-43 16.28 jr. Guard !nE;tFUGtGF 1' 37-5 14.16 14.94 45.76 46.63 17.54 4947jr. Lifeguard Program 439 18.61 19.63 20.71 21.85 23:86 jr. ifow��nrrl Drnnrnm 49 1 458 21.41 22.59 23.83 25.14 26.52 EXHIBIT A SCLEA Salary Schedule, Effective December 21, 2002 fob Cade Dsr� dnr3art e ., 0244 Ocean Lifeguard 1 353 12.68 13.38 14.12 14.90 15.72 0248 Ocean Lifeguard II 391 15.32 16.16 17.05 17.99 18.98 0249/0439 Ocean Lifeguard III 406 16.52 17.43 18.39 19.40 20.47 0246 Junior Guard Instructor 1 366 13.53 14.27 15.06 15.89 16.76 0247 Junior Guard Instructor II 381 14.60 15.40 16.25 17.14 18.08 0250 Junior Lifeguard Program 436 19.19 20.25 21.36 22.53 23.77 Coordinator 1 0236 Junior Lifeguard Program 464 22.06 23.27 24.55 25.90 27.32 Coordinator II 2002 SCLEA MOU Draft.doc 9 2/6/2003 4:32 PM I RCA ROUTING SHEET INITIATING DEPARTMENT: ADMINISTARTIVE SERVICES SUBJECT: APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE SURF CITY LIFEGUARD EMPLOYEE ASSOCIATION COUNCIL MEETING DATE: February 18, 2003 RCA ATTACHMENTS ' STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorne ) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorne ) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over$5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Find in s/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS, W. REVIEWED RETURNED FORWARDED' Administrative Staff Assistant City Administrator (initial) ) ( ) City Administrator Initial City Clerk ) EXPLANATION, FOR RETURN OF ITEM: (Below Space ForCity Clerk's • RCA Author: William McReynolds r ± .�.�. \ { MAY { \ � � \ } "zr \ \ » o \^ ? \ ^ m. \ \ \ IN � © e ! a � �: \ «, \ �. : , 2 } \ ex n�p � \ \ { ( \MWUIR AM AMM 2 �� \ \ . , » SURF CITY LIFEGUARD EMPLOYEES ASSOCIATION CONTRACT TERM January 1 , 2000 to December 31 , 2002 I %D[% v! °V� 06 AM.5f,v, Gi ('Y OF HUNTINGTON BEACH J, G�� fro, 5)fiv- MEETING DATE: August 19, 2002 DEPARTMENT ID NUMBER: AS-02-023 Council/Agency Meeting Held: °�--�°�-•D'L Deferred/Continued to: !Approved ❑ Conditionally Approved ❑ Denied W.City Clerk'` Signature Council Meeting Date: August 19, 2002 Department ID Number: AS-02-023 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION a ti> SUBMITTED TO: HONORABLE MAYOR AND CITY C UNCIL _ SUBMITTED BY: RAY SILVER, City Administrator PREPARED BY: CLAY MARTIN, Director of Administrative Services SUBJECT: ADOPT RESOLUTION APPROVING SIDE LETTER TO =� } MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: In order to efficiently staff lifeguard positions, it is necessary to increase from 1,000 to 1,500 the amount of hours a recurrent lifeguard can work in a 12-month period. Funding Source: Not Applicable Recommended Action: Adopt Resolution No. 26c,; R 2.. , a resolution of the City Council of Huntington Beach amending the Memorandum of Understanding between the City and the Surf City Lifeguard Employees' Association by adopting the side letter of agreement (regarding number of permitted work hours within a twelve month period). Alternative Action(s): Reject the resolution and maintain the current limit of 1,000 hours recurrent Lifeguards may work in a 12-month period. Z:\RCA's\SCLEA side letter.doc - ' 8/7/2002 5:15 PM REQUEST FOR ACTION MEETING DATE: August 19, 2002 DEPARTMENT ID NUMBER: AS-02-023 Analysis: The need for lifeguards increases during the months of April through September. In order to meet this staffing need, most lifeguards are hired as recurrents; meaning their employment with the City of Huntington Beach is seasonal and may recur year after year. The Surf City Lifeguard Employees' Association (SCLEA) represents recurrent lifeguards. In the existing Memorandum of Understanding with SCLEA, recurrent lifeguards can work up to 1,000 hours in a 12-month period. Approximately two to four lifeguards a year reach the 1,000-hour limit before the season is over. When this occurs, the recurrent lifeguard must stop working until the next year, negatively impacting the department's ability to staff efficiently. With this approval, a lifeguard will be enrolled in the California Public Employees' Retirement System (CaIPERS) when he/she works more than 1,000 hours, but will not receive other benefits. Attachment(s): City Clerk's Page Number No. De�scfi'pfioh . 1. Resolution, including Side Letter as Exhibit A RCA Author: S. Hennegen D:\Documents and Settings\kuhnkee\Local Settings\Temporary Internet Files\OLK6\SCLEA side letter.doc - 8/8/2002 10:29 AM ATTACHMENT # 1 RESOLUTION NO. 2002-82 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, BY ADOPTING THE SIDE LETTER OF AGREEMENT (REGARDING NUMBER OF PERMITTED WORK HOURS WITHIN A TWELVE- MONTH PERIOD) WHEREAS, on April 17, 2000, the City Council of Huntington Beach adopted Resolution No. 2000-41 for the purpose of adopting the 2000/02 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 the SCLEA("Side Letter of Agreement") attached hereto as Exhibit A and incorporated herein by this reference. The Side Letter of Agreement pertains to a change in the number of permitted work hours within a twelve-month period. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach as follows: Section 1. The Side Letter of Agreement attached hereto as Exhibit A is approved and adopted. Section 2. The Side Letter of Agreement amends the MOU between the City of Huntington Beach and the 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 August , 2002. ATTEST: dxxz City Clerk 9-21-01 Mayor REVIEWED AIN �PPR VED: APPROVED AS TO FORM: J 1 i I City Administrator - City'Attorney INITI D AND APP OV D: Director of Administrative Services GARESOLUTNL002\mou-sc lea.doc.8/7/02 Res. No. 2002-82 Side Letter of Agreement— 1500 Hours Between the City of Huntington Beach and the Surf City Lifeguard Employees' Association Effective ®ate: August 6, 2002 This is to memorialize an Agreement between the City of Huntington Beach and the Surf City Lifeguard Employees' Association (SCLEA) to reflect agreed upon changes and clarifications to the existing 2000-2001 Memorandum- of-Understanding. This Agreement is to be incorporated into any future Memorandum-of- Understanding between the City of Huntington Beach and the Surf City Lifeguard Employees' Association. Beginning August 6, 2002 Members of the Surf City Lifeguard Employees' Association will be permitted to work up to one thousand five hundred (1500) hours in a twelve (12) .month period. The twelve (12) month period shall be a. rolling 12-month period, which means an Employee may not work more than 1,500 hours in the previous 12 months. All other provisions of the Memorandum-of-Understanding not amended by the above shall remain the same. The terms and conditions of this side letter to the existing Memorandum- of-Understanding are without force or effect, unless and until adopted and approved by Resolution of the City Council of the City of Huntington Beach. Res. No. 2002-82 IN WITNESS WHEREOF, the parties hereto have executed this side letter to the Memorandum-of-Understanding this 3151 day of July, 2002. SURF CITY CITY OF HUNTINGTON BE CH LIFEGUARD EMPLOYEES' ASSOCIATION William P. Workman W President CLEA Assistant City Administra or lay Martin Bu 'ness n r SCLEA irector of Administrative Services G ` S LEA 6ener ounse APPROVED AS TO FORM: Gail Hutton City Attorney slv -a �1 Res. No. 2002-82 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, 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 19th day of August, 2002 by the following vote: AYES: Green, Dettloff, Boardman, Cook, Houchen, Winchell, Bauer NOES: None ABSENT: None ABSTAIN: None City Clerk and ex-officio 61erk of the City Council of the City of Huntington Beach, California RCA ROUTING SHEET INITIATING DEPARTMENT: Administrative Services SUBJECT: Approval of Side Letter to Memorandum of Understanding 'Between the City and the Surf City Lifeguard Employees' Association COUNCIL MEETING DATE: August 19, 2002 RCA ATTACHMENTS ,STATUS' Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. Approved as to form by City Attorney Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over$5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING rt-ACHMENT°S REVIEWED Administrative FORiNAR®EDE= Administrative Staff Assistant City Administrator Initial ) ( ) City Administrator Initial City Clerk ) EXPLANATION-POW RETURN OF"ITEM° S-pacie For City Clerk's Use Only) RCA Author: S. Hennegen �7 — J- ��s�T►�, �N-C — Ire- OSN�ss, f��ZSb��l� Serv; Council/Agency Meeting Held: —�1 0� ! ���/'Q�O'''� 6e '2A D' V. Deferred/Continued to: %Approve ❑ Conditionally A proved ❑ Denied W- ity k's Signature Council Meeting Date: April 17, 2000 Department ID Number: AS 00-020 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City AdministratorWW tee: PREPARED BY: JOHN P. REEKSTIN, Director of Administrative Services SUBJECT: Approve Memorandum of Understanding Between the City and-!Pe Surf City Lifeguard Employees' Association No. 2000— f Statement of Issue, Funding Source, Recommended Action,Alternative Action(s),Analysis, Environmental Status,Attachment(!) Statement of Issue: The City and the Surf City Lifeguard Employees' Association (SCLEA) have completed the meet and confer process and have agreed upon a Memorandum of Understanding (MOU) for the term of January 1, 2000 through December 31, 2002. Funding Source: City Budget. Recommended Action: Approve Resolution No.IMM I adopting a Memorandum of Understanding between the City of Huntington Beach and the Surf City Lifeguard Employees' Association. Alternative Action(s): Refer the contract back to the meet and confer process to modify the proposed Memorandum of Understanding with the Surf City Lifeguard Employees' Association. Analysis: On September 3, 1994 the City's recurrent ocean lifeguards voted for exclusive representation for "meet and confer" purposes. A limited two-year MOU expired December 31, 1999. Since then, the City and Surf City Lifeguard Employees' Association (SCLEA) have agreed upon a new three-year MOU. The new MOU provides salary adjustments to specific classifications effective April 1, 2000 to attract and retain seasonal ocean lifeguards. The first year salary adjustment averages eleven percent (11%). In addition, the City agrees to pay time and one-half overtime pay, effective May 27, 2000 for lifeguards that work in excess of 40 hours per week. In year 2001, the City agrees to increase salaries by six percent (6%) and provide Emergency Medical Technician Certification Pay and Bilingual Pay for qualified employees at fifty cents (50�) per hour. In year 2002, the City agrees to increase salaries by an additional six percent (6%). K.QUEST FOR COUNCIL ACTkA MEETING DATE: April 17, 2000 DEPARTMENT ID NUMBER: AS 00-020 Environmental Status: Does not apply. Attachment(s): List attachment(s) below. Page City, Clerk's - D- • . ..................................................................... 1. Resolution W. 2000 2. Legislative Draft—Contract Between the City and SCLEA 3. Contract Between the City and SCLEA (Exhibit A to Resolution) RCA Author: William H. Osness 00-02 SCLEA Contract -2- 4112/00 11:50 AM ATTACHMENT # 1 RESOLUTION NO. 2 0 0 0 -41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE SURF CITY LIFEGUARD EMPLOYEES ASSOCIATION AND THE CITY OF HUNTINGTON BEACH FOR 1/1/00- 12/31/02 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, 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, and the City Administrator is authorized to execute this Agreement. Such Memorandum of Understanding shall be effective for the term January 1, 2000, through December 31, 2002. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th day of April 2000. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: �/Z City Admi istrator DV ector of Administrative Services adV00reso/SurfCity RLS 00-332 SCE _-t MEMORANDUM OF UNDERST._...DING TABLE OF CONTENTS Article Page ArticleI—Term of MOU........................................................................................................................I ArticleII—Representation...................................................................................................................... A. Representation Unit.....................................................................................................................1 B. Employee and Union Rights........................................................................................................1 Article III—Payroll Deduction of Union Dues........................................................................................I ArticleIV—Uniform Allowance.............................................................................................................2 A. New Hires...................................................................................................................................2 B. Damaged Uniform Articles .........................................................................................................2 C. Uniform- Returning Recurrent Ocean Lifeguard.........................................................................2 ArticleV—Parking Passes......................................................................................................................2 A. Parking Passes ............................................................................................................................2 B. Parking Pass -Before Requalification .........................................................................................2 Article VI—Annual Recurrent Ocean Lifeguard Re-qualifications..........................................................2 A. Work Available -- Return to Active Employment........................................................................2 B. Changes in Existing Minimum Hours..........................................................................................3 Article VII—Annual Physical and Technical Testing..............................................................................3 Article VIII— Salary Schedule................................................................................................................3 A. Current Salary Schedule..............................................................................................................3 B. Future Salary Increases ...............................................................................................................3 Article IX—Work Day; Work Week.......................................................................................................3 A. Fall, Winter, Spring (Easter) and Summer...................................................................................3 B. Not a Guarantee of Work............................................................................................................4 ArticleX— Special Pay...........................................................................................................................4 A. EMT ...........................................................................................................................................4 B. Bilingual Pay ..............................................................................................................................4 ArticleXI—Overtime.............................................................................................................................4 Article XII—Commencement of"Meet and Confer" Process..................................................................4 Article XIII—City Council Approval......................................................................................................5 EXHIBIT A.................... ...............................................6 ................................................................. SCLEA Salary Schedule, Effective April 1, 2000............................................................................6 SCLEA Salary Schedule, Effective December 23, 2000..................................................................6 SCLEA Salary Schedule, Effective December 22, 2001 ......................................................._..........7 00-02 SCLEA MOU i 4/11/003:06 PM MEMuKANDUM OF UNDERSTANDING BL- iWEEN THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARDS 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 MOU for the term of January 1, 2000 through December 31, 2002. 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, Lifeguard II, Lifeguard III, Jr. Guard Instructor I, Jr. Guard Instructor II, Jr. Lifeguard Program Coordinator I, and Jr. Lifeguard Program Coordinator II). Excluded: Management Personnel, Marine Safety Officers, and all other employees. B. Employee and Union Riqhts SCLEA shall have the right to represent all employees in the "Recurrent Ocean Lifeguard" Representation Unit in their employment relations with City, including the MMBA "meet and confer" process. Article III— Payroll Deduction of Union Dues City will continue to deduct SCLEA's monthly union dues (bi-weekly basis) as designated by SCLEA, and authorized by the individual employee. SCLEA agrees to hold City harmless for such payroll deductions. 00-02 SCLEA MOU 1 4111/00 3:06 PM MEM...tANDUM OF UNDERSTANDING "TWEEN THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARDS EMPLOYEES ASSOCIATION ("SCLEA") 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 Speedo, women's red swimsuit, sandals, and bag. B. Damaged Uniform Articles The Operations Supervisor will replace uniform articles 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". Article V— Parking Passes A. Parkinq Passes Parking passes will be issued to "Recurrent Ocean Lifeguards" who pass the annual requalification exam. B. Parkinq 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 City; 00-02 SCLEA MOU 2 4/11/00 3:06 PM ME%-..ANDUM OF UNDERSTANDING b—i WEEN THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARDS EMPLOYEES ASSOCIATION ("SCLEA") 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. B. Changes in Existing Minimum Hours City and SCLEA agree that changes in the existing minimum hour working standard (80 hours) are a proper subject for the meet and confer process during the term of this agreement. 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 Effective April 1, 2000, "Recurrent Ocean Lifeguards" shall be compensated at an hourly rate by classification title and salary range, as set forth in Exhibit A. B. Future Salary Increases Effective the first pay period in January of 2001 and January 2002 the salary schedule for "Recurrent Ocean Lifeguard" classification shall be increased by six percent (6%) each year as set forth in Exhibit A. Article IX—Work Day; Work Week A. Fall, Winter, Spring (Easter) and Summer City shall establish work schedules for Fall, Winter, Spring/Easter, Summer and other schedules as needed. 00-02 SCLEA MOU 3 4111/00 3:06 PM MEMG. -tNDUM OF UNDERSTANDING B�. WEEN THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARDS EMPLOYEES ASSOCIATION ("SCLEA") 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". Article X — Special Pay A. EMT Effective December 23, 2000, unit employees possessing an Emergency Medical Technician Certificate shall receive an additional fifty cents (.50(:;�) per hour above their regular hourly wage. B. Bilingual Pay Effective December 23, 2000 unit employees who are required by their Department Head to use their bilingual abilities as part of their job assignment shall be paid an additional fifty cents (.50(�,-) per hour above their regular hourly wage. Employees who are required by their Department Head to utilize the bilingual skill may be required to be tested and certified by the Human Resources Officer as to their. language proficiency in order to be eligible for said compensation. Article XI — Overtime Effective May 27, 2000, all unit employees shall be compensated at time and one half for all hours worked in excess of forty (40) per week. Article XII — Commencement of"Meet and Confer" Process Upon request of either party, the "meet and confer" process for a new agreement to be effective January 1, 2003 shall commence on or about August 1, 2002. A proper subject for the "meet and confer" process for a new Agreement, effective January 1, 2003 shall include "all issues" between the parties concerning "wages, hours, and other terms and conditions of employment. 00-02 SCLEA MOU 4 4/11/00 3:06 PM MEW-ANDUM OF UNDERSTANDING 6_.WEEN THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARDS EMPLOYEES ASSOCIATION ("SCLEA") EXHIBIT A SCLEA Salary Schedule, Effective April 1, 2000 Steps Job Code Classification Range A B C D E 4933 Ocean Lifeguard 1 323 $10.92 $11.52 $12.15 $12.82 $13.53 4939 Ocean Lifeguard II 351 12.56 13.25 13.98 14.75 15.56 4940 Ocean Lifeguard III 366 13.53 14.27 15.06 15.89 16.76 Jr. Guard Instructor 1 336 11.66 12.30 12.98 13.69 14.44 Jr. Guard Instructor II 351 12.56 13.25 13.98 14.75 15.56 4947 Jr. Lifeguard Program 406 16.52 17.43 18.39 19.40 20.47 Coordinator 1 4922 Jr. Lifeguard Program 434 19.00 20.04 21.14 22.30 23.53 Coordinator II SCLEA Salary Schedule, Effective December 23, 2000 Steps Job Code Classification Range A B C D E 4933 Ocean Lifeguard 1 335 $11.60 $12.24 $12.91 $13.62 $14.37 4939 Ocean Lifeguard II 363 13.34 14.07 14.84 15.66 16.52 4940 Ocean Lifeguard III 378 14.38 15.17 16.00 16.88 17.81 Jr. Guard Instructor 1 348 12.36 13.04 13.76 14.52 15.32 Jr. Guard Instructor 11 363 13.34 14.07 14.84 15.66 . 16.52 4947 Jr. Lifeguard Program 418 17.55 18.51 19.53 20.60 21.73 Coordinator 4922 Jr. Lifeguard Program 446 20.16 21.27 22.44 23.67 24.97 Coordinator II 00-02 SCLEA MOU 6 4/6/00 6:20 PM MEMI._ ANDUM OF UNDERSTANDING 6_,WEEN THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARDS EMPLOYEES ASSOCIATION ("SCLEA") SCLEA Salary Schedule, Effective December 22, 2001 Steps Job Code Classification Range A B C D E 4933 Ocean Lifeguard 1 347 $12.31 $12.99 $13.70 $14.45 $15.24 4939 Ocean Lifeguard II 375 14.16 14.94 15.76 16.63 17.54 4940 Ocean Lifeguard III 390 15.25 16.09 16.98 17.91 18.89 Jr. Guard Instructor 1 360 13.15 13.87 14.63 15.43 . 16.28 Jr. Guard Instructor II 375 14.16 14.94 15.76 16.63 17.54 4947 Jr. Lifeguard Program 430 18.61 19.63 20.71 21.85 23.05 Coordinator I 4922 Jr. Lifeguard Program 458 21.41 22.59 23.83 25.14 26.52 Coordinator II 00-02 SCLEA MOU 7 4/6l00 6:20 PM MEMORANDUM OF UNDERSTANDING 6.- iWEEN THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARDS EMPLOYEES ASSOCIATION ("SCLEA") Article XIII — City Council Approval It is the understanding of 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 17thday of April, 2000. City of Huntington Beach Surf City Lifeguards Employees Association (A Municipal Corporation) ay Silver, ichael R. Judd, SdEA Cit inistrator President Ro agan i and J. Silber Director of C mmunity Services tt LEA Attorney William H. Osness Human Resources Officer Approved As To Form: Daniel Cassidy �� � rs-o6 Gail Hutton Chief Negotiat City Attorney 00-02 SCLEA MOU 5 4/12/00 5:19 PM Res. No. 2000-41 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, 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 17th day of April, 2000 by the following vote: AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: None ABSTAIN: None City Clerk and ex-offi o Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT #2 SCL`., MEMORANDUM OF UNDERSTA..JING TABLE OF CONTENTS Article Page ArticleI-Term of MOU........................................................................................................................1 ArticleII-Representation......................................................................................................................1 A. Representation Unit.....................................................................................................................1 B. Employee and Union Rights........................................................................................................1 Article III-Payroll Deduction of Union Dues........................................................................................I Article IV-Uniform Allowance.............................................................................................................1 A. New Hires...................................................................................................................................I B. Damaged Uniform Articles .................. .............................2 .......................................................... C. Uniform-Returning Recurrent Ocean Lifeguard.........................................................................2 ArticleV-Parking Passes......................................................................................................................2 A. Parking Passes ............................................................................................................................2 B. Parking Pass - Before Requalification .........................................................................................2 Article VI-Annual Recurrent Ocean Lifeguard Re-qualifications..........................................................2 A. Work Available --Return to Active Employment........................................................................2 B. Changes in Existing Minimum Hours..........................................................................................3 Article VII-Annual Physical and Technical Testing..............................................................................3 Article VIII- Salary Schedule................................................................................................................3 A. Current Salary Schedule..............................................................................................................3 B. Future Salary Increases ...............................................................................................................3 ArticleIX-Work Day; Work Week.......................................................................................................3 A. Fall, Winter, Spring(Easter) and Summer.............................................................................:.....3 B. Not a Guarantee of Work............................................................................................................4 Article X-T Tm selved Meet and Confer-issues Special Pay..................... A. Unfeselved issues EMT ..............................................................................................................4 B. Bilingual Pay ..............................................................................................................................4 ArticleXI- Overtime........................................................................................4 Article XII- Commencement of"Meet and Confer" Process..................................................................4 Article XIII-City Council Approval......................................................................................................5 E-ffeGtive Desember- 12, 1998..........................................................................................................6 EffectiveApril 1, 2000....................................................................................................................6 EffectiveDecember 23, 2000.........................................................................................................:7 EffectiveDecember 22, 2001 ..........................................................................................................7 00-02 SCLEA MOU Draft i 416/00 6:11 PM MEMC...ANDUM OF UNDERSTANDING BL.WEEN THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARDS 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 MOU for the term of DeGembeF 1 1998 January 1, 2000 through December 31, 1999 2002. 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, Lifeguard II, Lifeguard III, Jr. Guard Instructor I, Jr. Guard Instructor II, Jr. Lifeguard Program Coordinator I, and Jr. 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 City, including the MMBA "meet and confer' process. Article III — Payroll Deduction of Union Dues City will continue to deduct SCLEA's monthly union dues (bi-weekly basis) as designated by SCLEA, and authorized by the individual employee. SCLEA agrees to hold City harmless for such payroll deductions. 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 00-02 SCLEA MOU Draft 1 416/00 6:11 PM MEMG..ANDUM OF UNDERSTANDING BL.WEEN THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARDS EMPLOYEES ASSOCIATION ("SCLEA") includes a hat, T-shirt, jacket, shorts, men's black Speedo, women's red swimsuit, sandals, and bag. B. Damaged Uniform Articles Effon+i�anwary 1 1999, and nnn+inUinn thereafter,. The Operations Supervisor will replace uniform articles 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". Article V— Parking Passes A. Parking Passes Parking passes will be issued to "Recurrent Ocean Lifeguards" who pass the annual requalification exam. B. Parking Pass - Before Requalification Before re-qualification has been completed: l 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 City; 3. The employee completed the existing minimum hour working standard; 00-02 SCLEA MOU Draft 2 4/6/00 6:11 PM MEMG.,ANDUM OF UNDERSTANDING BL,WEEN THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARDS EMPLOYEES ASSOCIATION ("SCLEA") 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. B. Changes in Existing Minimum Hours City and SCLEA agree that changes in the existing minimum hour working standard (80 hours) are a proper subject for the meet and confer process during the term of this agreement. Article VII —Annual Physical and Technical Testing City will continue to provide annual physical and technical testing of "Recurrent Ocean Lifeguards". Article VIII — Salary Schedule A. Current Salary Schedule Effective the first pay period in DeGember-of 1r998 April 1, 2000, the TepFese Rtatiye Unit shall bee_imnGreased by ffnFppeFGent `4%) end "Recurrent Ocean Lifeguards" shall be compensated at an hourly rate by classification title and salary range, as set forth en in Exhibit A. B. Future Salary Increases city and SCLEA agree that the re Sri Gt ire of the preceRt salary cnhedule, may be proper subjert for the meet and r.,GnfeF PFGGessing during the term of this agreement Effective the first pay period in January of 2001 and January 2002 the salary schedule for "Recurrent Ocean- Lifeguard" classification shall be increased by six percent (6%) each year as set forth in Exhibit A. Article IX—Work Day; Work Week A. Fall, Winter, Spring (Easter) and Summer City shall establish work schedules for Fall, Winter, Spring/Easter, Summer and other schedules as needed. 00-02 SCLEA MOU Draft 3 4/6/00 6:11 PM MEMG..ANDUM OF UNDERSTANDING Bk-.WEEN THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARDS EMPLOYEES ASSOCIATION ("SCLEA") 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". Article X— I InresGlyerd Meet and Confer Issues Special Pay A. I InreselyerdIsm,,es EMT Gity-and-SSLEA agree that all , nreselyed-issue s,-between-the-parties /rinnanl„rlinnthe restr,,nt,,re of thepresent salani snnerdule fnr unit s,,hient fnr the meet and nnnfer nrnness d ,Finn the term of this agreement VMN,VVa ,v, the .nvva w.mow vv,nv. N.vvvva+ .waw.n.y the a........ .... a..w ....J..vv...v.... Effective December 23, 2000, unit employees possessing an Emergency Medical Technician Certificate shall receive an additional fifty cents (.50(:;�-) per hour above their regular hourly wage. B. Bilingual Pay Effective December 23, 2000 unit employees who are required by their Department Head to use their bilingual abilities as part of their Job assignment shall be paid an additional fifty cents (.50(:;�-) per hour above their regular hourly wage. Employees who are required by their Department Head to utilize the bilingual skill may be required to be tested and certified by the Human Resources Officer as to their language proficiency in order to be eligible for said compensation. Article XI - Gity GOURGil Approval Overtime Effective May 27, 2000, all unit employees shall be compensated at time and one half for all hours worked in excess of forty (40) per week. Article XII -Commencement of"Meet and Confer" Process Upon request of either party, the "meet and confer" process for a new agreement to be effective January 1, 2003 shall commence on or about August 1, 2002. 00-02 SCLEA MOU Draft 4 4/6/00 6:11 PM MEMC...ANDUM OF UNDERSTANDING BL..VVEEN THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARDS EMPLOYEES ASSOCIATION ("SCLEA") Article XIII — City Council Approval It is the understanding of 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 DeGember, 1998 April, 2000. City of Huntington Beach Surf City Lifeguards Employees Association (A Municipal Corporation) By: Ray Silver, Michael R. Judd, SCLEA City Administrator President Ron Hagan Richard J. Silber Director of Community Services SCLEA Attorney William H. Osness Human Resources Officer Approved As To Form: Daniel Cassidy Gail Hutton Chief Negotiator City Attorney 00-02 SCLEA MOU Draft 5 4/6/00 6:11 PM MEMC...ANDUM OF UNDERSTANDING BL..VVEEN THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARDS EMPLOYEES ASSOCIATION ("SCLEA") EXHIBIT A SCLEA SALARY SCHEDULE 1=ffeGt!Vn DeGe ber 177 1998 Steps lassifiGa job Code Gn Range A a'^ C O E I 4933 QGean ifeg � Fd 1 391- �0 $1 Q.34 $10.91 1 $12.14 493.9 Ocean I ifeg and 11 329 11.26 11.88 12.53 13.22 13.95 4949 344 12.11 12.78 13.48 14.22 15..00 Ir Lifeguard Drnrrrarr+ 4947 I r4 358 13.01 13.73 14.48 15.28 16.12 �L�on lardDrnnram 4922 Goar 426 1-8:25 49:25 20.31 21.43 22� Effective April 1, 2000 Steps Job Code Classification Range A B C D E 4933 Ocean Lifeguard 1 323 $10.92 $11.52 $12.15 $12.82 $13.53 4939 Ocean Lifeguard II 351 12.56 13.25 13.98 14.75 15.56 4940 Ocean Lifeguard III 366 13.53 14.27 15.06 15.89 16.76 Jr. Guard Instructor 1 336 11.66 12.30 12.98 13.69 14.44 Jr. Guard Instructor II 351 12.56 13.25 13.98 14.75 15.56 4947 Jr. Lifeguard Program 406 16.52 17.43 18.39 19.40 20.47 Coordinator I 4922 Jr. Lifeguard Program 434 19.00 20.04 21.14 22.30 23.53 Coordinator II 00-02 SCLEA MOU Draft 6 4/6%00 6:11 PM MEML..ANDUM OF UNDERSTANDING BL-a 1/VEEN THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARDS EMPLOYEES ASSOCIATION ("SCLEA") EXHIBIT A SCLEA SALARY SCHEDULE Effective December 23, 2000 Steps Job Code Classification Range A B C D E 4933 Ocean Lifeguard 1 335 $11.60 $12.24 $12.91 $13.62 $14.37 4939 Ocean Lifeguard II 363 13.34 14.07 14.84 15.66 16.52 4940 Ocean Lifeguard III 378 14.38 15.17 16.00 16.88 17.81 Jr. Guard Instructor 1 348 12.36 13.04 13.76 14.52 15.32 Jr. Guard Instructor II 363 13.34 14.07 14.84 15.66 16.52 4947 Jr. Lifeguard Program 418 17.55 18.51 19.53 20.60 21.73 Coordinator 1 4922 Jr. Lifeguard Program 446 20.16 21.27 22.44 23.67 24.97 Coordinator II Effective December 22, 2001 Steps Job Code Classification Range A B C D E 4933 Ocean Lifeguard 1 347 $12.31 $12.99 $13.70 $14.45 $15.24 4939 Ocean Lifeguard II 375 14.16 14.94 15.76 16.63 17.54 4940 Ocean Lifeguard III 390 15.25 16.09 16.98 17.91 18.89 Jr. Guard Instructor 1 360 13.15 13.87 14.63 15.43 16.28 Jr. Guard Instructor II 375 14.16 14.94 15.76 16.63 17.54 4947 Jr. Lifeguard Program 430 18.61 19.63 20.71 21.85 23.05 Coordinator I 4922 Jr. Lifeguard Program 458 21.41 22.59 23.83 25.14 26.52 Coordinator II 00-02 SCLEA MOU Draft 7 4/6/00 6:11 PM SURF CITY LIFEGUARD EMPLOYEES ASSOCIATION CONTRACT TERM December 1 , 1998 to December 31 , 1999 Council/Agency Meeting Held: ferred/Continued to: 2Approved Lj Conditionally Approved Ll Denied Y-d (36eeXl J-6-54M�, b0l# y Clerk's Signature Council Meeting Date: January 18, 1999 Department ID Number: AS-98-39 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY: RAY SILVER, CITY ADMINISTRATOR PREPARED BY: DANIEL T. VILLELLA, ACTING DIRECTOR ADMINISTRATIVE SERVICES > SUBJECT: MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION [statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The City and the Surf City Lifeguard Employees' Association (SCLEA) have completed the meet and confer process with a limited agreement of a Memorandum of Understanding (M.O.U.) for the term of December 1, 1998 through-D6c6MIJOr 31, 1909. Funding Source: City Budget. See attached Fiscal Impact Statement. Recommended Action: 1. Approve Resolution No. adopting a Memorandum of Understanding between the City of Huntington Beach and Surf City Lifeguard Employees' Association. 2. Appropriate $21,000 to pay the increased salary costs for 1998/99. Alternative Action(s): Refer back to the meet and confer process to modify the proposed Memorandum of Understanding with the Surf City Lifeguard Employees' Association. Analysis: On September 3, 1994 the City's recurrent Ocean Lifeguards voted for exclusive representation for "meet and confer" purposes. Since then the City and the Surf City Lifeguard Employees' Association (SLEA) have held numerous meet and confer meetings and have finally agreed to enter into a limited M.O.U. This limited M.O.U. provides for a four- percent salary increase for all represented employees. The M.O.U. acknowledges past conditions of employment relating to payroll deductions, parking passes, annual requalification and technical testing of lifeguards; while allowing the parties to continue to meet and confer over unresolved issues including alternative salary incentives. In addition, the City agrees to supply one pair of shorts and shirt annually to all unit employees who requalify. REQUEST FOR ACTION MEETING DATE: January 18, 1999 DEPARTMENT ID NUMBER: AS-98-39 Environmental Status: Not applicable Attachment(s): Page;Nurnb'er No. D- 1. Resolution /Uo - �9-3 2. Memorandum of Understanding between the City of Huntington Beach and Surf City Lifeguard Employees' Association 3. Fiscal Impact Statement RCA Author: WHOsness SCLEAMOU.DOT -2- 12/29/98 11:28 AM ATTACHMENT # 1 RESOLUTION NO. 99-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE SURF CITY LIFEGUARD EMPLOYEES ASSOCIATION AND THE CITY OF HUNTINGTON BEACH FOR 12/1/98— 12/31/99 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, 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, and the City Administrator is authorized to execute this Agreement. Such Memorandum of Understanding shall be effective for the term December 1, 1998 through December 31, 1999. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of January , 1999. Mayor ATTEST: APPROVED AS TO FORM: City Clerk (City Attorney REVIEWED AND APPROVED: INIT TED AND APPROVED: City Ad nistrator cting ep ty City Administrator/ Director of Administrative Services LB/s:LB-98-M i sc:ResoSC LE RLS 98-856 Res. No. 99-3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONT ME BROCK`VAY, 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 19th day of January, 1999 by the following vote: AYES: Julien, Bauer, Garofalo, Dettloff, Harman, Sullivan NOES: None ABSENT: Green City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT #2 -MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND SURF CITY LIFEGUARDS 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 MOU for the term of De- cember 1, 1998 through December 31, 1999. The terms and conditions of employment are as follows: Article II — Representation A. Representation Unit. City recognizes SCLEA as the exclusive represen- tative 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" (Classifica- tions: Ocean Lifeguard I, Lifeguard II, Lifeguard III, Jr. Lifeguard Program Coordinator I, and Jr. Lifeguard Program Coordinator II). Excluded: Management Personnel, Marine Safety Officers, and all other em- ployees. 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 City, including the MMBA "meet and confer" process. Article III — Payroll Deduction of Union Dues City will continue to deduct SCLEA's monthly union dues (bi-weekly basis) as designated by SCLEA, and authorized by the individual employee. SCLEA agrees to hold City harmless for such payroll deductions. Article IV— Uniform Allowance A. Effective January 1, 1999, and continuing thereafter, 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 Speedo, women's red swimsuit, sandals, and bag. B. Effective January 1, 1999, and continuing thereafter, uniform articles that are damaged in the line of duty or worn out by the passage of time will be replaced by the Operations Supervisor. C. Effective January 1, 1999, and continuing annually thereafter, City shall provide one set of shorts and a shirt to each returning "Recurrent Ocean Lifeguard". Article V— Parking Passes A. Parking passes will be issued to "Recurrent Ocean Lifeguards" who pass the annual requalification exam. B. Before requalification 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 Requalifications A. If there is work available and if the "Recurrent Ocean Lifeguard" meets the following criteria, the "Recurrent Ocean Lifeguard" shall be returned to active employ- ment for the following season: 1. The employee performance evaluations meet Marine Safety Divi- sion (MSD) standards; 2. The employee did not resign or was not terminated from employ- ment with City; 3. The employee completed the existing minimum hour working stan- dard; 4. The employee has successfully completed the yearly requalification exam; 5. The employee has successfully completed and responded by the dates designated in the recurrent spring questionnaire. B. City and SCLEA agree that changes in the existing minimum hour working standard are a proper subject for the meet and confer process during the term of this agreement. Article VII —Annual Physical and Technical Testing City will continue to provide annual physical and technical testing of"Recurrent Ocean Lifeguards". Article VII — Salary Schedule A. Current Salary Schedule. Effective the first pay period in December of 1998, the salary schedule for "Recurrent Ocean Lifeguard" classifications within the rep- resentative unit shall be increased by four percent (4%); and "Recurrent Ocean Life- guards" shall be compensated at an hourly rate by classification title and salary range, as set forth on Exhibit A. B. Meet and Confer Process during the 1999 Calendar Year. City and SCLEA agree that the restructure of the present salary schedule for representation unit classification and/or alternative salary incentives may be a proper subject for the meet and confer processing during the term of this agreement. Article IX —Work Day; Work Week A. City shall establish work schedules for fall, winter, spring/Easter, summer, and other schedules as needed. B. Neither this provision nor any work schedule shall constitute a guarantee of work (either daily or weekly) for "Recurrent Ocean Lifeguards". Article X — Unresolved Meet and Confer Issues City and SCLEA agree that all unresolved issues between the parties concerning wages, hours, and other terms and conditions of employment (including the restructure of the present salary schedule for unit classifications and/or alternative salary incen- tives) may be a proper subject for the meet and confer process during the term of this agreement. Article XI — City Council Approval It is the understanding of 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 ist day of December 1998. CITY OF HUNTINGTON BEACH, a SURF CITY LIFEGUARDS EMPLOYEES municipal corporation ASSOCIATION _ Zor, By RAY SILVER, City Administrator Michael R. Judd, SCLEA Vice President By !rc RON HA A , Community Services Richard J. ilbe CLEA Director Attorney L _ APPROVED AS TO FORM WILLIAM OSNESS, Personnel Director GAL HUTTON, City Attorney 1.12- -ff 6C e 0 D IEL CASSIDY, Chief Nebotiator� EXHIBIT A SCLEA SALARY SCHEDULE Effective December 12, 1998 JOB CLASSIFICATION RANG A B C D E CODE E 4933 Ocean Lifeguard 1 301 $9.80 $10.34 $10.91 $11.51 $12.14 4939 Ocean Lifeguard II 329 11.26 11.88 12.53 13.22 13.95 4940 Ocean Lifeguard III 344 12.11 12.78 13.48 14.22 15.00 4947 Jr. Lifeguard Program 358 13.01 13.73 14.48 15.28 16.12 Coordinator I 4922 Jr. Lifeguard Program 426 18.25 19.25 20.31 21.43 22.61 Coordinator II ATTACHMENT #3 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICA TION To: Ray Silver, City Administrator From: Karen Foster, Acting Director of Administrative Services Subject: Memorandum of Understanding Between the City and Surf- City Lifeguard Employees' Association December 29, 1998 As required by Resolution 4832, a Fiscal Impact Statement has been prepared for "Memorandum of Understanding Between the City and Surf-City Lifeguard Employees' Association". If the City Council approves this action, the estimated undesignated General Fund Balance at September 30, 1999 will be reduced to $8,064,975. Karen Foster, Acting Director of Administrative Services opte; Current Fund Balance-General Fun d Budget; Estimate Beginning Fund Balance 10/1/98(unaudited) $ 5,869,150 $ 10,235,000 Plus: Estimated Revenue 107,860,642 107,860,642 Less: Estimated Expenditures (109,890,397) (109,890,397) Less Pending/Approved FIS (119,270) Less: FIS 99-12 - (21,000) Estimated 9/30/99 Balance $ 3,839,395 $ 8,064,975 Estimated General Fund Balance at September 30, 1999 .a �a € $4,000,000 $3,800,000 $3,600,000 ' e $3,400,000 ti $3,200,000 $8,064,975 $3,000,000 $2,800,000 $3,839,395 f $2,600,000 $2,400,000 d i $2,200,000 $2,000,000 ADOPTED BUDGET CURRENT ESTIMATE RCA ROUTING SHEET INITIATING DEPARTMENT: ADMINISTRATIVE SERVICES/PERSONNEL SUBJECT: SCLEA MEMORANDUM OF UNDERSTANDING COUNCIL MEETING DATE: January 18, 1999 RCI \ ATTACHMENTS V��V11�� V TATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over$5,000) Attached Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable ;EXPLANATION FOR MLSSING°ATT�ICHMENTS REVIEV�IIE® RETURN3ED F®R ED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( ) City Clerk ( ) EXPLANATION ,FOR RETURN Of ITEM. (Belowpace FCor'City:Week's WeGniyj RCA Author: WHOsness SURF CITY LIFEGUARD EMPLOYEES ASSOCIATION CONTRACT TERM APRIL 1997 0 SURF CITY LIFEGUARDS EMPLOYEE ASSOCIATION (SCLEA) 2134 Main Street, Suite 130 Huntington Beach, CA 92648 (714) 960-7646 FAX (714) 960-7640 DATE: April 7, 1997 RECEIVED FROM- —_-- _ = _ AND MADE A PART'OF THE RE ORD A Thl \ COUNCIL MEETING OF 4-1-11 TO: THE CITY OF HUNTINGTON BEACH OFFICE OF THE CITY CLERK ATTN: MAYOR AND MEMBERS OF CITY COUNCIL CONNIE BROCKWAY,CITY CLERK MICHAEL UBERUAGA, CITY ADMINISTRATOR WILLIAM H. OSNESS, PERSONNEL DIRECTOR FROM: SURF CITY LIFEGUARDS EMPLOYEE ASSOCIAT N ( "SC E " ) Richard J. Silber, Attorney for SCLEA Patrick Graham, SCLEA Business Manag RE: SCLEA Request To Discuss With Council On 04/07/97 Employment Issues Arising Out Of "Recurrent Ocean Lifeguard" Hiring Process & "Lifeguard Training Program" - Response to Personnel Director Osness 04/03/97 letter. Please be advised (as noted in SCLEA' s 04/01/97 letter) , SCLEA does not seek to address the Council concerning matters under "meet and confer" consideration, but respectfully seeks to address the Council regarding matters that the City asserts are not within the scope of the MMBA "meet and confer" obligation, and that the City has taken unilateral action relating to the hiring of "Ocean Lifeguard I" Personnel: (a) Unilateral establishment of an Hourly Pay Rate of $11 .05 (currently "D" Step) for newly hired "Recurrent Lifeguards I" rather than $10 . 47/hour (C Step) effective elimination of "C and "D" Steps, without "good faith" negotiations with SCLEA, and/or Council approval; (b) Unilateral establishment of a "Stipend" of $175 .00 for the Lifeguard Training Class from 03/29/97 through 04/06/97 (rather than payment of the FLSA minimum wage) - it has been the Employment practice to pay Minimum Wage (memorialized in MSD Policies 4 .1 C Procedures 14) ; (c) Unilateral establishment of the "Lifeguard Training Program" as a college course - receive 3 units from Goldenwest College for successfully completing the training class" ; (d) Unilateral determination that "Lifeguard Cadets" ( "Recurrent Lifeguards" ) are not City/"MSD" "Employees" within the scope of representation of SCLEA, and/or the City' s MMBA "meet and confer" obligation; (e) Unilateral declaration that the Department - would 1 undertake the "MSD" 1997 "Lifeguard Training Program" , by utilizing "Recurrent Lifeguards" as "Goldenwest College" Instructors and Evaluators - not as City "Recurrent Lifeguards" - is an 8 day Program, and "Lifeguard Training Program Instructors" have always been "MSD" Personnel - compensated as City Lifeguards, and covered by City Workers Compensation. (f) Unilateral establishment of a written "condition of employment" that "CITY POLICY prohibits the appointment of any immediate family member of any permanent City Employee to temporary or part-time positions with the City" - the City has always maintained that City Personnel Rules (Res. 3960) do not apply to "Recurrent Ocean Lifeguards" . cc: Daniel Cassidy, Esq. Community Services Department/Marine Safety Division C:\...\SCLEA\JOBFLYR9.CNL 2 s , SURF CITY LIFEGUARDS EMPLOYEE ASSOCIATION (SCLEA) 2134 Main Street, Suite 130 Huntington Beach, CA 92648 (714) 960-7646 FAX (714) 960-7640 DATE: April 1, 1997 TO: THE CITY OF HUNTINGTON BEACH ATTN: MAYOR AND MEMBERS OF CITY COUNCIL MICHAEL UBERUAGA, CITY ADMINISTRATOR FROM: SURF CITY LIFEGUARDS EMPLOYEE ASS�OCCIIAT �(" 11EA") Richard J. Silber, Attorney for SCLEA Patrick Graham, SCLEA Business Manager - f�- RE: SCLEA Request To Discuss With Council On 04/07/97 The Following Employment Issues Arising Out Of "Recurrent Ocean Lifeguard" Hiring ft Process & "Lifeguard Training Program": 1. City assertion that unilateral actions relating to the hiring of "Ocean Lifeguard I" and "Junior Lifeguard I Personnel at D Step" are not within the scope of the MMBA "meet and confer" obligation. 2. City proposal to move all Ocean Lifeguards I and Jr. Lifeguard Instructors I currently at C step to D step, and all Personnel at D step to E step ($11.66 per hour) - will eliminate C & D Steps, with no increases applied to other Personnel. 3. SCLEA has requested "good faith" negotiations concerning all issues relating to hiring of"Ocean Lifeguards I" and "Junior Lifeguards" at D Step, including impact upon current personnel as follows: (a) City/Department unilateral establishment of an Hourly Pay Rate of$11.05 (currently "D" Step) for newly hired "Recurrent Lifeguards" rather than $10.47/hour (C Step) - effective elimination of "C and "D" Steps; (b) City/Department unilateral establishment of a "Stipend" of$175.00 for the Lifeguard Training Class from 03/29/97 through 04/06/97 (rather than the FLSA minimum wage); It has been the Employment practice to pay Minimum Wage as memorialized in MSD Policies 4.1 C Procedures 14 - "Cadets who successfully complete the training program will receive minimum wage compensation for their hours of participation." 1 (c) City/Department unilateral establishment of the "Lifeguard Training Program" as a college course for which "all candidates will receive 3 units from Goldenwest College for successfully completing the training class"; (d) City unilateral determination that "Lifeguard Cadets" ("Recurrent Lifeguards") are not City/"MSD" "Employees" within the scope of representation of SCLEA, and/or the City's MMBA "meet and confer".obligation; It is the City assertion that the "Training Class" is used as the basis to establish a "Hiring List" - candidates have not been hired, and are not Employees for any purpose. This "Lifeguard Training Program" is a City Program that has always been provided after the "Performance Exam" and must be successfully completed to be placed on the City "Recurrent Lifeguard" Hiring List per Job Announcement - the "Lifeguard Training Program" has always been called a "Lifeguard Candidate Training Class" and is given "at Junior Lifeguard Headquarters located on the beach just south of the Huntington Beach pier." "MSD" Manual 4.1 provides that the "Lifeguard Training Program" is an essential ingredient of the Hiring Process: "13. Top qualifiers will be accepted into the 'cadet training program'. 14. Cadets who successfully complete the training program will receive minimum wage for their hours of participation. 15. Cadets must receive a passing score (70% or above) on all portions of training to be eligible for placement on the hiring list. 16. A hiring list will be established based on the combined scores from training examinations, instructor evaluations and oral boards." (e) City/Department unilateral establishment of a written "condition, of employment" that "CITY POLICY prohibits the appointment of any immediate family member of any permanent City Employee to temporary or part-time positions with the City" - the City has always maintained that City Personnel Rules (Res. 3960) do not apply to "Recurrent Ocean Lifeguards"; 4. City ("MSD") unilateral declaration that the Department would undertake the "MSD" 1997 "Lifeguard Training Program" (from 03/29/97 through 04/06/97), by utilizing "Recurrent Lifeguards" as "Goldenwest College" Instructors and Evaluators - not as City "Recurrent Lifeguards." The Program is for 8 days, and "Lifeguard Training Program Instructors" have always been "MSD" Personnel - compensated as City Lifeguards, and covered by City Workers Compensation. It is the Position of SCLEA that the City/"MSD" has (1) Violated established "MSD" Hiring Procedures ; (2) Deprived "Recurrent Lifeguards of City Employment Status- perform City/"MSD" Duties; and (3) Unilaterally.changed "Recurrent Lifeguards" existing "conditions of employment" in violation of the MMBA "meet and confer" obligation": 2 a. This "Lifeguard ["Cadet"]Training Program is a MSD Training Program that has always been administered after the "Performance" (tryout) Exam and "Pre-training oral interview" - applicants must pass in order to be eligible for the "Cadet Training Program." b. A "Lifeguard Candidate Training Class" consists of those Applicants who have successfully completed the "Performance" (tryout) Exam and "Pre-training oral interview." C. The Lifeguard ["Cadet"] Training Program must be successfully completed (requirement and condition) in order to be ranked and placed on the "MSD" "Recurrent Lifeguard" Hiring List - only Huntington Beach Lifeguard Candidates are admitted to participate in the "Lifeguard Candidate Training Class." d. "Recurrent Lifeguards" must be present at the "Recurrent Lifeguard" Tryouts (10) and the Training Program (1). e. The Lifeguard ["Cadet"] Training Program is administered at a City controlled Public Beach - patrolled by City Lifeguards and Police Officers - patrons must comply with City Statutes and Rules; patrons (with automobiles) must pay City parking fees to enter the City Beach; the Lifeguard Training Program is "located at Junior Lifeguard Headquarters located on the beach just south-of the Huntington Beach pier." f. The Lifeguard ["Cadet"] Training Program must utilize City equipment, facilities (building, phones, and computers); City Lifeguard Personnel are utilized as Instructors, and to administer the "Qualifying Exam," Pre-Training Program Interviews, Evaluations of "Cadets," and the "Oral Board Interview" following completion of Training Program. Since (1) The City ("MSD") at all times has maintained control over the "Lifeguard Training Program" and its City "Lifeguard Instructors"; (2) City "Lifeguard Training Instructors" have at all times performed their duties as City/"MSO" "Lifeguards", and will continue to perform their duties for the benefit of and under control of the "MSD"; (3) Only Huntington Beach Lifeguard Candidates may participate in the "Lifeguard Candidate Training Class"; and (4) The Lifeguard ["Cadet"] Training Program is an essential element of the "Recurrent Lifeguard" Hiring Process - the Training Program must be successfully completed for the "Cadet" to be ranked and placed on the "MSD" "Recurrent Lifeguard" Hiring List - it is clear that "Recurrent Lifeguard Instructors" perform such "Training Instructor" responsibilities as City/"MSD" "Lifeguards" and are therefore City "Employees" for all employment purposes - City compensation, Workers' Compensation coverage, EDD (U.I.) coverage, and Federal and State taxes. 5. "Recurrent Lifeguards" have always been City "MSD" Employees when they performed their duties and responsibilities as "Training Instructors" - applicable past practice; therefore, the City has engaged in a "per se" violation of its MMBA "meet and confer" obligation by unilaterally eliminating the "Lifeguard Training Instructors"' City ("MSD") employment status: 3 a The City/MSD has undertaken its unilateral action - change of "Recurrent Lifeguard" employment status without according SCLEA prior notice, or an opportunity to engage in "good faith" negotiations over a change in existing "wages and conditions of employment." b. The City has engaged in a "per se" violation of its MMBA "meet and confer" obligation. (MMBA "Meet & Confer In Good Faith" Obligation - Legal Analysis - IAFF j Local 1186 v. City of Vallejo, 12 Ca1.3d 608, 116 Ca1.Rptr. 507, 512-513 (10/02/74); Huntington Beach Police Officers' Assn. v. City of Huntington Beach, 229 Cal.App.3d 528, 540, 280 Cal.Rptr. 206 (1991); NLRB v. Katz, 369 U.S. 756 (1962); Vernon Firefighters v. City of Vernon, 107 Cal.App.3d 352, 165 Cal.Rptr. 908 (7/21/80); Holliday v. City of Modesto, 229 Cal.App.3d 528, 540, 280 Cal.Rptr. 206 (1991); Santa Clara County Counsel Attorneys Association v. Woodside, 7 Cal.4th 525, 28 Cal.Rptr.2d 617 (3/31/94).] cc: Daniel Cassidy, Esq. William Osness, Personnel Director Community Services Department/Marine Safety Division C:\...\SCLEAUOBFL YRS.CNL 4 COAST:CONIMUNITY COLLEGE;DISTRICT GOLDEN WEST COLLEGE, T574:4 COLE2;Et�tSYESF STt7EEY iUt�[7INGTQPI EiEACH CALIFCIRPlIA .9 `647. Osee Hlgp SCAM: PAGE : STUDENT.PERMANEAIT.. RECORD NAME ' RI6N SCHDO� ATTENOEQ M0. YR r ` >'EDISON HIGH SCHOOL: O'6j43 STUDENT NUMBER PLACE Of BIRTH MAJOR ENTERED mom Imm OCCUPATIONAL UNDECIDED SPRG 91 77- ...':: ::.. .'.:: :'.: .Jli:: ♦! ....::1:-.::•. -. ,\...,.::.:+i aJ...),.n .,\:C. }.. - �v a:. n'i:1}/,r: ^ , `^J::v :i:v.::`L\•:•';.y.:,,.,: r :.v., ,•:•,•\.%�:i:: ;;"' v^ .:tom_ � . ...v.. RS.. "�T ...:-J14::1:.}y.�...J`v)/:i� V�.- ..?:S• :::., ?%- ,y� * * ;SPRIN..G..::1991 * *: 'AD J. 048 MARINE SAFETY PROGRAM 3.00. CR HLTH.ED125 FIRST AID CPR 2.00 2.00_, A 8.00., TERM ;GFA 4 D:O 2`:00 2;; 8.04= GUM GPA 4.00 2':00. 2':00 8.00'- * FALL1993: * * BIOL 180 PRINCIPLES OF BIOLOGY 4.00 4.00 C 8.00 ECON 110 AMER ECONOMIC PROBLEMS 3.00 3.00 C_... 6.00, w> MUSIC101 HIST. & .APPREC OF MUSIC 3.00 3:40 C 6.40 P E'111AD 'SWIMMING 1.00 1,00 B 3.00 PSYCH 10G INTRO :TO PSYCHOLOGY 3.GO 3:00 B 9 00 Q TERM :GPA 2.29 14.00 14;40 32 00` .GPA 2.50 �6.04; 16 a0 40 0a SPRING 19 9 4 BIOL 185 '' ZOOLOOY PRINCIPLES 4 00 4:00 C ;'8 00 \Sd�G ENGL 010 WRITLNG ES.'SENTI.4LS 3.00 3.40 A 12 00' MATH 170 PRECALCULUS 4.00; 4.04 A 16.00 TENNIS 1.00' 1.00. :� 4.00< P E' 158AD .. �- 50CIOL 100 INTRO TO SOCIOLOGY 3.00 3.00 B 9.00 TERM GPA 3.27 15.00 15.00 49.00 CUM GPA 2.8.7 31.00 31.00 89.00. * .* FALL1994 * * * CHEM 180 GENERAL CHEMISTRY W ENGL 100 FRESHMAN COMPOSITION 3.00 3.00 B 9.00 MATH 180 CALCULUS 1 4.00 4.00 C 8.00 PHIL 120 ETHICS 3,00 3.00 , C 6.00 SPCOM10o INTERPERSONAL COMM. 3.00 3.00 : "'A .12.0& TERM GPA 2.6,9 13.00 13.00 35.00 CUM GPA 2.82 44.00 44.00 124.00: * * * SUMMER 1995 FEDERAL,EAik:PRDHIBITS HIST 170. U S HISTORY...TO 1876 3.00 3- QQ, 0 Q 6 00 ACCESS T�•TH1S RECORQ,' `' sY ANY aTHIR vASTT TERM GPA 2 00 3.00; 3 �0QO WSTH011T THE WRtTTEIt CUM GPA 2 77 47.015 47` 00 130 0.0' CONSENT Of THE S;UOENT (CONTINUED O PAGE 2) I CERTIFY THAT TNIS IS A TRUE COPY Of TH PERMANENT RECORD (SEAL:MUST BE AFFIX o s • SURF CITY LIFEGUARDS EMPLOYEE ASSOCIATION (SCLEA) 2134 Main Street, Suite 130 Huntington Beach, CA 92648 DATE: March 31, 1997 TO: THE CITY OF HUNTINGTON BEACH ATTN: WILLIAM OSNESS, PERSONNEL DIRECTOR RONALD HAGAN, COMMUNITY SERVICES DIRECTOR JIM B. ENGLE, COMMUNITY SERVICES DEPUTY DIRECTOR STEVE SEIM, CAPTAIN, MARINE SAFETY DIVISION FROM: SURF CITY LIFEGUARDS EMPLOYEE S OCIAT O ("S LEA") Richard J. Silber, Attorney for SCLEA c Patrick Graham, SCLEA Business Manager a-� RE: EMPLOYMENT AND "MEET AND CONFER" ISSUES ARISING OUT OF "RECURRENT OCEAN LIFEGUARD" HIRING PROCESS - "LIFEGUARD TRAINING PROGRAM" NOTICE, DATED 02/19/97 On 03/24/97 SCLEA objected to the City "RECURRENT OCEAN LIFEGUARD" TRAINING PROGRAM" - utilization of "Recurrent Lifeguards" as "Goldenwest College" Instructors and Evaluators, not as City "Recurrent Lifeguard" Employees. SCLEA requested/demanded that the City immediately cease and desist from such unlawful action - utilization of"Recurrent Lifeguards" as "Goldenwest College" Instructors and Evaluators, rather than as City "MSD" Employees for the "Lifeguard Training Program". SCLEA requested that an immediate meeting be scheduled to discuss this matter - SCLEA Representatives are available to meet on Thursday, March 27 or Friday, March 28 (9:00 a.m. or 1:30 p.m.). Please advise as to the availability of City Representatives. Thera has not been any response to ATEA's communication, or to the scheduling of a City/SCLEA meeting. SCLEA Representatives are available to meet on Tuesday, April 1 through Friday, April 7, 1997 (9:00 a.m. or 1:30 p.m.). Please advise as to the availability of City Representatives. cc: Mayor and Members of City Council Daniel Cassidy, Esq. C:\...1SCLEA\JO BFLYRZTRP FP, !J 1 I CITY OF HUNTING T BEACH COMMUNITY SERVICES OEPAFITMENT 103 PACIFIC COAST HIGHWAY,CALIFORNIA 92848 (714)636•6281 MARINE SAFETY DIVISION �Ax;71aj374•isoo To: SCLEA From: Captain Steve Seim � Date: 2f19Y97 Subject: Lifeguard Training Program The Marine Safety Di-0sion has been working wi*Ja Goldenwest College to get our Training Program approved as a college course. This will greatly benefit our department and the participarts who attend the new training program.. Even though this is not a meet and confer item, I thought that SCLEA would like to be kept informed of the highlights of this new program. • Participants receive 3 units for attending our regular Easter week Training Program • No course fees or unit fees will be charged to participants • Course curriculum meets United States Lifesaving Association national standards • Instructors (Eich and Crow) will handle all registration • Goldenwest grading for college transcripts will be pass/fail •. Participants who successfully complete the training program and are hired by the City of Huntington Beach Marine Safety Divisioniwill receive S 175 for their participation If you have any questions please contact me at 536-5283, cc: Ron Hagan Jim Engle Pat Graham Providing Quality Open Water and Beach Safety Through Education,Prevention and Emergency Response SCLEA Update, April 1997 Welcome back to the beach. It has been a long winter for SCLEA Information packets were sent to all members and city council. If you have not received one, check the downstairs kitchen for a copy. In response to the unilateral action taken by the city, SCLEA rejected all pay increase to those at the C step because it does not adjust relative to all lifeguard pay steps. The item increases pay to all new hires and second year guards by eliminating the C step. SCLEA is planning to establish a pay range increase to everyone which will reestablish five pay steps with $11.05 as the first step. Agreeing to accept the city's proposal means that SCLEA agrees with the treatment of all past issues: a) No due process b) Cut in C step c) Cadets not employee d) Rights as employees ( etc., see information packet ) SCLEA felt that this would not benefit all of its members. The city reinstated the nepotism rule meaning no guards will be hired in 1997 that are related to a permanent employee within the city. Also, those within the system now can not be promoted unless there are positions for all relatives. In 1996, SCLEA with the city accomplished safety issues including sand mounds, prompt workers compensation, and requalification pay. The next goal is to address uniforms, personnel rules, and disciplinary action. All members of the city council were sent a copy of the packet, along with other information regarding policies. Up until now, the council had no knowledge of what has been happening to lifeguard policies. There is a major stall in efforts because all policies need council approval before they can be implemented. The city and the department, in negotiations, stated, " If you want to better yourself and make more money work for another lifeguard department. " • City of Long Beach, tryouts April 20, 1997 • City of Seal Beach, tryouts 11, 1997 VJ nE ls; Loyalty keeps most of us here, even when other beaches offer better pay. SCLEA wants to help put pride back into your investment of time and employment. The success of your organization depends on your participation during the coming months and throughout the summer. SCLEA is presenting arguments against proposals by the city at the next council meeting on April 7, 1997. If you are interested in speaking, please contact Pat Graham. 5 1. SPRING WEEKEND SCHEDULE 1997 April 12 thru June 8 Station &Hours Schedule Check stations and reporting times carefully Administration 0800-1800 Zero A 0600-1400 Ops Supervisor 0700-1700 Zero B 1300-2100 Communications 0800-1600 Zero C 1000- 5210 0700-1700 5220 0600-1600 Towers 3,9, 15, 0900- 5211 1000-2000 4, 12, 18 5221 1100-1900 NIGHTS-A&B (F-S-S)1600-0000 Towers 1,5,7, 11, 17, 1000- 5240-S 0800-1800 19, 2, 8, 14, 5240-D 0900-1700 20,22 Towers 13,6, 10, 16, 1100- 5210-S, 5220-S, Relief A-I & II Names and Numbers No. Name No. Name Capt SEIM 5 TORRES Lt 1 DAVIDSON 6 TUCKER Lt 2 BEUERLEIN 7 UTLEY (Sat.) Lt 3 CROW 8 VILLALOBOS (Sun.) 100 REUTER 9 ALLEN (Sat.) 200 PANIS 10 MONROE (Sun.) 300 WEISSER 11 MORRIS 400 BAUMGARTNER 12 AMBERMAN 500 LINDO 13 600 KARL 14 700 BARTLETT, M. 15 A DIETERMAN 16 B NORTON 17 C GRAHAM 18 D HILL 19 E BEEBE 20 F CAVENER (after May 1) 21 G BARTLETT, T. 22 H SMITH, B. (must be off early- other job) 23 I VOLLMER 24 J 25 K 26 L 27 1 CLARKE 28 2 HOOD 29 3 MARKWALD 30 4 O'ROURKE Revised: 4/5/97 1 SPRING WEEKENDS 1997 (APRIL 12 THRU JUNE 8) SAT SUN SAT SUN SAT SUN SAT SUN SAT SUN SAT STATION 12, Apr 13 Apr, 19, Apr 20, Apr 26, Apr 27, Apr 3, May 4, May 10, May 1 1 , May 17, May Ops Supervisor Lt 2 Lt 1 Lt 2 Lt 1 Lt 2 Lt 1 Lt 2 Lt 1 Lt 2 Lt 1 Lt 2 Administration — Lt 3 — Lt 3 — Lt 3 — Lt 3 — Lt 3 — Communications C B C B C B C B C B C 5210 700 600 700 600 700 600 700 600 700 600 700 5211 600 700 600 700 600 700 600 700 600 700 600 5220 500 500 500 S00 500 S00 S00 500 500 500 500 5221 A A A A A A A A A A A *NIGHTS-A D D D D D D D D D D D *NIGHTS—B E E E E E E E E E E E 5240—S 300 100 300 100 300 100 300 100 300 100 300 5240—D C C G C F C F C F Zero A G G G G 1 G G G G G G Zero B B B B I B F B F B Zero C 5210—S 5220—S Relief A-1 H 11 H 6 H 5 H 2 H 10 H Relief A—II 1 10 7 H 5 H 3 H 1 H 7 Tower 1 3 2 1 9 8 6 6 4 3 2 1 9 5 7 3 2 1 10 7 8 5 4 3 2 1 9 11 4 3 2 1 9 10 6 5 4 3 2 13 15 5 4 3 2 1 11 7 6 5 4 3 17 19 6 5 4 3 2 1 9 8 6 5 4 Tower 2 4 6 12 12 2 8 10 12 14 16 18 7 6 5 4 3 3 1 10 7 6 5 20 221 9 8 1 6 5 4 4 1 2 1 1 1 9 1 8 1 6 REVISED: 4/05/97 = NIGHTS—A & B both work F—S—S (Fridays are not shown on schedule). SUN SAT SUN MON SAT SUN SAT SUN STATION 18, May 24, May 25, May 26, May 31 , May 1, Jun 7, Jun 8, Jun Op. Supervisor Lt 1 Lt 2 Lt 1 Lt 1 Lt 2 Lt 1 Lt 2 Lt 1 Administration Lt 3 - Lt 3 Lt 3 - Lt 3 - Lt 3 Communications B B C B C B C B 5210 600 600 700 600 700 600 700 600 5211 700 400 600 700 600 700 600 700 5220 500 700 500 500 500 500 500 500 5221 A A A A A A A A -NIGHTS-Al D D D D D D D D -NIGHTS-BI E E E E E E E E 5240-S 100 100 300 100 300 100 300 100 5240-D C C F C F C F C Zero A G G G G G G G G Zero B F F B F B F B F Zero C 5210-S 5220-S Relief A-1 6 H 4 H 1 H 7 H Relief A-II H 6 H 3 H 10 H 6 Tower 1 3 8 7 5 4 2 1 9 8 5 7 10 9 6 5 3 2 1 10 9 11 1 11 8 6 4 3 2 1 13 15 2 1 10 5 4 3 2 17 19 3 2 1 6 5 4 3 Tower 2 4 6 3 8 10 12 14 16 18 4 4 2 1 7 6 5 4 20 22 5 5 3 2 9 8 6 S