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Home My WebLink AboutMSOA - Marine Safety Officers Association - aka - MSMA - Marine Safety Management Association - 1965-01-01MARINE SAFETY OFFICERS' ASSOCIATION Memorandum of Understanding Three-year Contract Terns October 1, 1987 — September 30, 1990 en. �� %��..,� ,r "a .ems'/r/'.v'%(/(/^,�. _. ��./�Lrl/.%r`'Z_f✓i:... � ° REQUES i FOR CITY COUNCIL ACTION Date Submitted to: Honorable Mayor and City Council Members Submitted by: Paul E. Cook, City Administrator) _' Prepared by: Robert J. Franz, Deputy City Administrator January 22, 1990 APPROVED BY CITY GOUNC1. Subject: MOU Amendment - Marine Safety Officers Association Consistent with Council Policy? [x ] Yes [ ] New Policy or Exception. /C) `f E Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: ° Objective: To amend the MOU with employee organizations to reflect changes in the City's medical enefit plan. Recommendation: Adopt Resolution # 4-1 0 V . Analysis: All employee groups agreed with the proposed changes to the City's medical benefits plan n as described in the attached memorandum. Formal amendments to the multi -year agreements with the groups are required to document the changes. The changes are reflected in the attached MOU amendment which needs to be approved by a resolution of the City Council. Funding Source: 1989/90 Budget Alternatives: Request further meeting and conferring. Attachments: 1. November 2, 1989 memorandum 2. Resolution 3. Amendment to MOU 4948j _, rn PI O 5/85 The estimated cost of increasing the City's maximum payment is $220,000 per year, while the savings from the benefit changes is unknown but estimated to be in excess of $100,000. The net increase. in cost. represents a 3.7 %....increase in the. health plan costs that otherwise would be assessed to employees. Another way of computing the same cost is to calculate its value in the total salary and benefits package!, Expressed,.'. in .,this manner, the charge represents a 0.2 % increase in the salary and benefit package: Attachments 4853j 3 RESOLUTION NO. 6109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE MARINE SAFETY OFFICERS' ASSOCIATION AND THE CITY OF HUNTINGTON BEACH FOR 1987-1990 The City Council of the City of HuntingtonBeach does resolve as follows: The amendment to the Memorandum of Understanding between the City of Huntington Beach and the Marine Safety Officers' Association, a copy of which is attached hereto and by referenced 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. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 22nd day of January , 1990. ATTE City Clerk REVIE ASP dff/D: City.Administrator Director of Community Services Mayor APPROVED AS TO.FORM: City Attorney-�;-��^ I,11 IJ E DAPPROVED : Deputy ii�y Admini traior Res. No. 6109 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 adjourned meeting thereof held on the 22nd day of January , 19 90 , by the following vote: 4 AYES: Councilmembers: t MacAllis r, Winr-hPll,_ Green,. Mays, Bannister, Silva, Ersk-ine NOES: Councilmembers: None ABSENT: Councilmembers: None e V / City Clerk and ex-officlo Clerk, of the.City Council of the City of Huntington Beach, California Z The representatives of the City and _ the .Association have met and conferred on the issues of medical and dental insurance and hereby agree to the following changes to the MOU between the City and Association dated October 1, 1987. Article V.B. The CITY will assume payment, subject to the limitations set forth in .Article V.C.(below) for dependent health insurance effective the first of the month following the month during which the employee completes one (1) year of full time continuous service with the CITY, subject to the limit in paragraph E below. Article V.C. Effective January 1, 1990, the CITY'S obligation to pay for health insurance shall be limited to $459 per month for full family coverage for eligible employees. The employee shall pay for any premium in excess of $459 a month. Article V.D. The CITY'S indemnity medical plan shall include the following provisions: 1. Effective January 1, 1990, the maximum out-of-pocket expense for covered expenses shall be $750 per person per year after the deductible has been met. 2. Effective January 1, 1990, the Employee Health Plan shall be modified to increase the maximum deductible per family from Four Hundred ($400) to Four Hundred and Fifty ($450) during any period of benefit entitlement as described in the CITY'S Employee Health Plan. The maximum deductible per person is One Hundred and Fifty ($150) during any period of benefit entitlement as described in the CITY'S Employee Health Plan. 6109 91 3.(new) Effective January 1, 1990, covered hospitalization costs shall be included under the covered costs subject to the plan deductible. Article F. 1. (renumbered) Employees shall continue to be covered by. dental plan benefits equal to those currently being provided by the -,CITY as,modified in Exhibit "B". Article ' F.2.(new) The orthodontia benefit under the indemnity dental plan Group No.4729, shall be increased from $1,500 to $3,000 maximum benefit. CITY OF HUNTINGTON BEACH City Administrator Date MARINE SAFETY OFFICERS' ASSOCIATION President Date IJ Deputy I it Administrator Date ✓ ' Association Representative Date 1795A 6109 REQUE* FOR CITY COUNCI ACTIN Date September 20, 1987 Submitted to: Honorable Mayor and City Council Members Submitted by: Paul E. Cook, City Administrator 1fl, (� Prepared by: Robert J. Franz, Deputy City Administratqe, APPROVED BY CITY COUNCIL Subject: Memorandum of Understanding - Marine Safety Officers' Association Consistent with Council Policy? [X] Yes [ ] New Policy or Exception Re Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: Statement of Issue: The City and the Marine Safety Officers' Association (MSOA) have reached agreement on a three year Memorandum of Understanding (MOU) regarding changes in salaries, benefits and working conditions. Council adoption of a written MOU is necessary to begin implementation of the terms and conditions of the MOU. Recommendation: Adopt ResolutionA approving a three year MOU between the City and the MSOA. Analysis: The MSOA represents eight employees in the classifications of Marine Safety Officer and Marine Safety Lieutenant. The three year agreement is similar to the agreement with the Police and Fire Associations except for a 5 % inequity increase and some minor changes relating to Beach Operations. The cost to the City of the three year MOU is approximately a 5 % per year increase cost in total salaries and benefits. In order to afford the cost of some of the benefit improvements the MSOA agreed to new cost reduction or cost avoidance provisions in the new MOU. In addition to the cost reduction, the City benefits from the fact that this agreement is for 3 years, thereby providing predictable costs for salaries and benefits and avoiding lengthy and costly negotiations. The MSOA also enjoys these same benefits plus the salary benefit enhancements as described. Funding Source: Annual salary and benefits budgets. Alternative Action: Request further meeting and conferring. Attachments: 1. Resolution UL 2. MSOA Memorandum of Understanding 4014j PIO 4/84 p,�3 RESOLUTION NO. 5932 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE MARINE SAFETY OFFICERS' ASSOCIATION AND THE CITY OF HUNTINGTON BEACH FOR 1987-1990 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 Marine Safety Officers' Association, dated September 1, 1988 , a copy of which is attached hereto 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 October 1, 1987, to September 30, 1990. ATTEST: s pity Cle,�k Cl eputy Citty Administrajeor Director of Community Services APPROVED AS TO FORM: ,- a/-j,Q'City Attorney City Administrator TABLE OF CONTENTS Table of Contents Preamble Article 1 Article 2 Article 3 Article 4 Article 5 Article 6 Article 7 Article 8 Article 9 Article 10 Article 11 Article 12 Article 13 Article 14 Article 15 Article 16 Article 17 Article 18 Article 19 Article 20 Article 21 Article 20 List of Exhibits: "All "Bit licit 0350X rPTrPT G' Representational Unit Existing Conditions of Employment Salary Schedules Overtime and Standby Pay Insurance Income Protection Plan Vision Care Plan Retirement Educational Incentive Plan Sick Leave Family Illness Leave Bereavement Leave Vacations Holidays Uniforms Exchange of Schedule Management Rights Physical Examinations Move Up Pay Appointments Term of Memorandum of Understanding City Council Approval Salary Schedule Dental Plan Modifications Retiree Medical Plan 9 DA 0-V i 1 1 1 2 2 2 4 5 5 5 6 6 6- 6 7 8 8 8 8 9 9 9 10 MEMORANDUM OF UNDERSTAI\ IG BETWEEN THE CITY OF HUNTINGTON BEACH, CALIFORNIA (Hereinafter called CITY) MARINE SAFETY OFFICERS' ASSOCIATION (Hereinafter called ASSOCIATION) PREAMBLE WHEREAS, pursuant to California law, the CITY, acting by and through its designated representatives, duly appointed by the governing body of said CITY, and the representatives of the ASSOCIATION, a duly recognized employee association, have met and conferred in good faith and have fully communicated and exchanged information concerning wages, hours and other terms and conditions of employment. WHEREAS, except as otherwise expressly provided herein, all terms and conditions of this agreement shall apply to all employees represented by the ASSOCIATION; and WHEREAS, the representatives of the CITY and the ASSOCIATION desire to reduce their agreements to writing, NOW, THEREFORE, this Memorandum of Understanding is made, to become effective October 1, 1987, and it is agreed as follows: ARTICLE I REPRESENTATIONAL UNIT It is recognized that the Marine Safety Officers' Association is the employee organization which has the right to meet and confer in good faith with the CITY on behalf of the employees of the Huntington Beach Community Services Department within the following classification titles: Marine Safety Lieutenant Marine Safety Boat Operator Marine Safety Officer ARTICLE II EXISTING CONDITIONS OF EMPLOYMENT Except as expressly provided herein, the adoption of this Memorandum of Understanding shall not change existing terms and conditions of employment which have been established in prior Memoranda of Understanding between CITY and the ASSOCIATION. ARTICLE III SALARY SCHEDULES A. Employees shall be compensated at monthly salary rates by classification title and salary range during the term of this agreement as set out in Exhibit A attached hereto and incorporated herein. B. Each employee covered by this agreement shall be reimbursed an amount equal to 9 % of the employee's base salary plus education incentive pay as pickup of a portion of each employee's PERS contribution except as provided in paragraphs D below. The above PERS pickup is not base salary but is done pursuant to Section 414(h)(2) of the Internal Revenue Code. C. Each Marine Safety Officer assigned to duty as boat operator shall receive pay as outlined in Exhibit A. Assignment as Marine Safety Officer/Boat is normally for a period of seven months per year, at the discretion of the Director of Community Services and assignment as Relief Boat Operator is normally for a period of five months per year. D. Effective upon implementation of this agreement each employee, eligible for service retirement, may have his/her PERS pickup reported as compensation for all or any part of the twenty-four (24) month period prior to his/her service retirement date upon written request to the Finance Director. Such modified reporting shall be limited to a maximum period of twenty-four (24) months preceding retirement. ARTICLE IV OVERTIME AND STANDBY PAY A. Employees shall receive time and one half their salary rate for all time worked in excess of forty (40) hours during any given payroll week. For purposes of this article, approved vacation time and compensation time shall count as hours worked. Employees may elect to receive compensatory time off (to be accrued to a maximum of 120 hours) in lieu of such overtime pay. B. Standby Time: Employees required to be on standby for a court appearance during other than their scheduled working hours shall receive a minimum of two (2) hours straight time pay (including differentials) for both morning and afternoon court sessions. C. Court Appearance Time: Employees required to appear in court during other than their scheduled working hours shallreceive a minimum of three (3) hours pay (including differentials) at time and one half. ARTICLE V INSURANCE A. The CITY shall continue to provide group medical benefits to all employees with coverage and other benefits comparable to the group medical plan currently in effect. 035OX -2- B. The CITY hall continue to provide dependent '-galth insurance effective the first of the month foi� ving the month during which the ei..r,ioyee completes one (1) year of full time continuous service with the CITY, subject to the limit in paragraph E below. C. Effective January 1, 1986, the CITY'S obligation to pay for health insurance shall be limited to $400 per month for full family coverage for eligible employees. The employee shall pay for any premium in excess of $400 a month. If the maximum premium for coverage under the City's Employee Health Plan, FHP, or HealthNet exceeds $400 on January 1, 1990, or any month thereafter during the term of this MOU, the parties agree to reopen the meet and confer process for the limited purpose of discussing the City's maximum contribution towards premiums. D. 1. Effective January I, 1988, the maximum out of pocket expense for covered expenses shall be $550 per person per year after the deductible has been met. 2. Effective January 1, 1988, the Medical Insurance Plan shall be modified to increase the deductible from One Hundred Twenty Five ($125) to. One Hundred Fifty Dollars ($150) per person; and the maximum deductible per family shall be increased from Three Hundred Seventy Five ($375) to Four Hundred ($400) per family during any period of benefit entitlement as described in the City's Employee Health Plan. 3. Effective January 1, 1988, there shall be a benefit not to exceed $200 per person per year for preventive medical care expenses. Such care shall not be subject to annual deductibles or co -payment provisions of the plan and shall include preventive medical care expenses such as, but not limited to, an every -other -year physical exam for adults, yearly PAP test for females, all innoculations for children, three exams for an infant in the first year of life, flu shots, chest x-rays, EKG and other diagnostic lab tests. 4. The CITY shall implement a Substance Abuse Treatment Program with five days of in -patient care for detoxification with lifetime maximum benefit of $10,000. 5. Chiropractic Treatment - Effective January 1, 1989, part X.C. of Exhibit "D" shall be modified to limit treatment to $1,000 per year or twenty-four (24) treatments per year, whichever is greater. E. Employees who have been placed on industrial disability retirement subsequent to January 31, 1974 shall be eligible to continue to participate in the existing group medical benefit plan at their own cost. Participation shall cease upon the earliest of the following: (1) the expiration of three (3) calendar years following the date of the industrial disability retirement, or (2) the.retiree obtaining eligibility for coverage under a comparable medical plan. Retirees who cease to participate may exercise any conversion privileges then in existence. F. Employees shall continue to be covered by dental plan benefits equal to those currently being provided by the CITY as modified in Exhibit "B". 0350X -3- G. City will orovide $10,000 of term life i1117� rance without evidence, of. insurability other thy.__ evidence of working a full time -'ty at CITY cost. Optional insurance on an age/wage basis is available at the employee's own cost. H. Upon retirement (whether service or disability) each employee shall have the following options in regards to medical insurance under CITY sponsored plans:. 1. With no change in benefits, retirees can stay in the City's Employee Health Plan or an HMO plan offered by the CITY at the retiree's own expense for the maximum time period required by Federal Law (COBRA), or 2. Employees retiring after approval of this MOU may participate in the Retiree Medical Pan described in Exhibit C. ARTICLE VI INCOME PROTECTION PLAN The existing long-term disability program provided employees by the CITY shall remain in effect. This program provides, for each incident of illness or injury, pay up to sixty (60) calendar days at the employee's salary rate (excluding overtime but including any special pay in effect at the time of illness or injury). After the sixty (60) calendar day period, the employee will be covered by an insurance plan paid for by the CITY which will provide 66-2/3 percent of the employee's salary rate (excluding overtime and any special pay) up to a maximum of $1,500 a month in accordance with the following: Disability Due Disability Due to Accident to Illness First 60 days Regular pay Regular pay Next 24 months 66-2/3 % of base pay 66-2/3 % of base pay To age 65 66-2/3% of base pay None. Days and months refer to calendar days and months. Plan integrated with Worker's Compensation, Social Security and other non -private program benefits to which entitled. Disability is defined as the inability to perform all of the duties of regular occupation during two (2) years and thereafter the inability to engage in any employment or occupation for which he is fitted by reason of education, training or experience. Rehabilitation benefits are provided in the event the individual, due to disability, must engage in other occupation. Plan will provide 66-2/3 % of difference between regular pay and pay of other occupation. Survivors' benefit continues plan payment for three (3) months beyond death. The terms and conditions of the disability insurance coverage are set forth in the policy, a copy of which is on file in the Personnel Division of the Administrative Services 0350X -4- Department. In the r- -nt of any conflict between the po'' y and this article, the policy shall control. The G.. f may change insurance companie-, policies, or self -insure this benefit, provided that the plans shall remain comparable to that currently in effect. ARTICLE VII VISION CARE PLAN The CITY shall implement a Vision Care Plan effective January 1, 1989 at an approximate composite cost of $12 per month per employee. ARTICLE VIII RETIREMENT A. The CITY will provide, for all employees represented by the ASSOCIATION whose retirement is effective or whose death occurs after July 1, 1978, Public Employees Retirement System retirement benefits computed by utilizing the two percent (2 %) at age fifty (50) formula commonly referred to as the California Highway Patrol Retirement Plan. B. Effective April 1, 1987, in the event a member elects Option #2 (Section 21333) or Option #3 (Section 21334) of the Public Employees' Retirement law, the CITY shall pay the difference between such elected option and the unmodified allowance which the member would have received for his or her life alone. This payment shall be made only to the member, shall be payable by the CITY during the life of the member, and upon that member's death, the City's obligation shall cease. The method of funding this benefit shall be at the sole discretion of the City. This benefit is vested for employees covered by this agreement. (Note: The options provide that the allowance is payable to the member until his or her death, and then either the entire allowance (Option #2), or one-half of the allowance (Option #3) is paid to the beneficiary for life.) ARTICLE IX EDUCATIONAL INCENTIVE PLAN The existing Marine Safety Officers' Education Incentive Plan shall be maintained as follows: Education Maximum Continuing Education Incentive College Training Years of College Units Monthly Level Units Points Service Required Annually Amount 1 30 10 1 6 50 2 60 20 2 3 75 3 90 30 2 3 100 4 120 3 3 150 5 150 4 0 150 STIPULATIONS: 1. College major shall be Marine Science, Police Science, Business Administration, Oceanography, Fire Science. 2. Initial eligibility must be approved by the Director of Community Services. An acceptable yearly performance evaluation, signed by the Director of Community Services is required. No incentive pay taken away without just cause. 0350X -5- 3. Training nts approved by the Director may ' substituted for college units, on the following scheuUie: 10 of 30; 20 Of 60; 30 of 90. ha. h twenty hours completed of approved seminars, institutes, etc., are credited with one training point. 4. Pay to be effective on the first of each month following approval. 5. After 120 units or B.A., approved training points may be substituted for college units without limit. 6. Repeat college course credited as determined by the college. 7. Repeat approved seminars, institutes, etc., credited as determined by the Director of Community Services. 8. All college units require grade of "C" or better to qualify. 9. Obtaining transcripts or other acceptable documentation is each employee's responsibility. 10. Employee may choose between approved training points or college units where a choice is available. No change allowed once choice is made, no double credit allowed. ARTICLE X SICK LEAVE As of July 31, 1974, all sick leave accumulation was frozen for purposes of payoff upon termination and no additional time will be accumulated. Salary continuation for approved sick leave is covered under Article VI above. ARTICLE XI FAMILY ILLNESS LEAVE Sick leave may be used for an absence due to illness of the employee's spouse or child when the employee's presence is required at home, provided that such absences shall be limited to five (5) days per calendar year. ARTICLE XII BEREAVEMENT LEAVE Employees shall be entitled to Bereavement Leave not to exceed three (3) working days per calendar year in instance of death in the immediate family. Immediate family is defined as father, mother, sister, brother, spouse, children, stepfather, stepmother,2stepsisters, stepbrothers, mother-in-law, father-in-law or stepchildren. ARTICLE XIII VACATIONS Anniversary Date: For the purpose of computing vacation, an employee's anniversary date shall be the most recent date on which he commenced full-time, city employment. Annual Vacation: The purpose of annual vacation is to provide a rest period which will enable each employee to return to work physically and mentally refreshed. All employees shall be entitled to annual vacation with pay EXCEPT the following: 0350X -6- ` (a) Employer- who have not completed six (6) mor "S continuous service with the. CITY. (b) Employees who work less than full-time. (c) Employees on leave of absence. Vacation Allowance: Permanent employees in CITY service, having an average work week of forty (40) hours, shall accrue annual vacations with pay in accordance with the following: Years of Service Vacation Allowance First through Fourth Year 112 hours Fifth through Ninth Year 136 hours Tenth through Fourteenth Year 160 hours Fifteenth Year and Thereafter 192 hours No vacation may be taken until the completion of six (6) months of service. Permanent, part-time employees assigned a work schedule of less than 30 and more than 20 hours per week shall receive vacation in one-half the amounts set forth above. Employees assigned to a work week of less than 40 and more than 30 hours per week shall receive vacation in three -fourths the amounts set forth above. Vacation - When Taken: No employee shall be permitted to take a vacation in excess of actual time earned and vacation shall not, be accrued in excess of 320 hours. Vacations shall be taken only with permission of the department head; however, the department head shall schedule all vacations with due consideration for the wish of the employee and particular regard for the need of the department. Terminal Vacation Pay: No employee shall be paid for unused vacation other than upon termination of employment at which time such terminating employee shall receive compensation at his current salary rate for all -unused, earned vacation to which he is entitled up to and including the effective date of his termination. Receipt of Vacation Pay: Upon two week written notification to the Finance Director, each employee shall be entitled to receive his earned 'vacation pay, less deductions, in advance, prior to his regular scheduled annual vacation. Such advancements are limited to one during each employee's anniversary year. Pay in Lieu of Vacation: An employee may elect to take up to 80 hours of pay per fiscal year for accrued vacation in lieu of time off. It is the intent of the parties that employees will take vacation during the fiscal year. ARTICLE XIV HOLIDAYS Employees represented by the Association and actively employed by the City, in addition to regular compensation, shall receive each month 1/12 of the total holidays hours (80) earned for the year. They shall be entitled to an additional eight hours of pay -7- at their regular rate '-- any day declared by the Presider+ of the United States to be a national holiday, or a._, day declared by the Governor of State of California to be a state holiday, if such day is adopted by the City Council of the City of Huntington Beach as a special holiday for CITY employees (i.e., day of mourning). ARTICLE XV UNIFORMS The CITY shall continue the existing practice of providing and replacing uniforms and safety equipment. ARTICLE XVI EXCHANGE OF SCHEDULE. The Department shall allow employees to exchange work schedules and shifts among those of equal rank and ability, providing prior approval is obtained from the Department Director and the payback of the shift exchange is completed within sixty (60) calendar days. ARTICLE XVII MANAGEMENT RIGHTS Except as expressly abridged or modified herein, the CITY retains all rights, powers and authority with respect to the management and direction of the performance of marine safety services and the work forces performing such services, provided that nothing herein shall change the CITY's obligation to meet and confer as to the effects of any such management decision upon wages, hours and terms and conditions of employment or be construed as granting the Director or the CITY the right to make unilateral changes in wages, hours, and terms and conditions of employment. Such rights include, but are not limited to, consideration of the merits, necessity, level or organization of CITY services, including establishing manning requirements, overtime assignments, number and location of work stations, nature of work to be performed, contracting for any work or operation, reasonable employee performance standards, including reasonable work and safety rules and regulations in order to maintain the efficiency and economy desirable for the performance of CITY services. The parties agree to meet and confer during the term of this agreement on revisions, changes, modifications and additions to the Personnel Rules and/or Department Rules when requested by City. ARTICLE XVIII PHYSICAL EXAMINATIONS The CITY agrees to pay for bi-annual physical examinations, to include stress EKG, when authorized by the Department Head, with the understanding that results thereof may be utilized for corrective action and the determination of the employee's continued ability to perform duties of the position. A copy of the physical examination shall be provided to the employee upon his request. 0350X -8- ARTICLE XIX MOVE UP PAY If a Marine Safety Officer is required to work two (2) consecutive shifts as shift commander, then the employee shall receive move -up pay in the amount of 12 1/2% of the employee's regularly hourly rate as additional compensation for all hours worked on such consecutive shifts. ARTICLE XX APPOINTMENTS When an appointment of a recurrent lifeguard to the classification of Marine Safety Officer occurs, the salary step upon appointment shall be determined in the same manner as salary step upon promotions under the City's Personnel Rules. ARTICLE XXI TERM OF MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding shall be in effect for a term commencing on October 1, 1987 and ending at midnight on September 30, 1990. No further improvements or changes in the salaries and monetary benefits of the employees represented by the ASSOCIATION shall take effect during the term of this agreement and the ASSOCIATION expressly waives any right to request any improvements or changes in salaries or monetary benefits for the employees represented by the ASSOCIATION which would take effect prior to October 1, 1990, and the City of Huntington Beach, through its representatives, shall not be required to meet and confer as to any such request. �'Z ARTICLE XXII CITY COUNCIL APPROVAL It is the understanding of the CITY and the ASSOCIATION that this Memorandum of Understanding is of 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 1 St day of September 1988. CITY OF HUNTIN TON BEACH By City Administrator APPROVE AS TO FORM: By ,G Gail'Hutton �C.S -F/Aq /-j, City Attorney �!� HUNTINGTON BEACH MARINE SAFETY OFFICERS' ASSN. By By Mark Reid Association Representative -10- EXHIBIT "A" CITY OF HUNTINGTON BEACH MARINE SAFETY OFFICERS' ASSOCIATION EFFECTIVE OCTOB ER 3, 1987 JOB NO. TITLE RNG A B C D E 4532 Marine Safety Officer 357 2245 2368 2498 2635 2780 4534 Marine Safety Officer/Boat 382 2541 2681 2829 2985 3149 1560 Marine Safety Lieutenant 404 2836 2992 3156 3330 3513 EFFECTIVE APRIL 2, 1988 JOB NO. TITLE R.NG A B C D E 4532 Marine Safety Officer 371 2404 2536 2675 2822 2978 4534 Marine Safety Officer/Boat 396 2725 2874 3032 3198 3375 1560 Marine Safety Lieutenant 418 3042 3208 3385 3571 3767 EFFECTIVE OCTOB ER 1, 1988 JOB NO. TITLE RNG A B C D E 4532 Marine Safety. Officer 377 2479 2616 2759 2912 3071 4534 Marine Safety Officer/Boat 402 2808 2962 3125 3297 3479 1560 Marine Safety Lieutenant 424 3132. 3304 3486 3678 3881 EFFECTIVE APRIL 1, 1989 JOB NO. TITLE RNG A B C D E 4532 Marine Safety Officer 381 1 2531 2669 2817 2971 3134 4534 Marine Safety Officer/Boat 406 2863 3021 3188 3363 3548 1560 Marine Safety Lieutenant 428 3195 3370 3555 3751 3957 EFFECTIVE SEPTEMBER 30, 1989 JOB NO. TITLE RNG A B C D E 453.2 Marine Safety Officer 387 2605 2749 2900 3059 3227 4534 Marine Safety Officer/Boat 412 2947 3110 3281 3461 3652 1560 Marine Safety Lieutenant 434 3293 3474 3664 3865 4079 0350X -11- EXHIB IT "A" CITY OF HUNTINGTON BEACH MARINE SAFETY OFFICERS' ASSOCIATION EFFECTIVE MARCH 31, 1990 JOB NO. TITLE RNG A 4532 Marine Safety Officer 391 2655 4534 Marine Safety Officer/Boat 416 3009 1560 Marine Safety Lieutenant 438 3359 B C D E 2801 2955 3118 3290 3175 3351 3534 3728 3545 3739 3945 4162 0350X -12- EXHIBIT B ORTHODONTIC LIMITATIONS For the period of January 1, 1988 through December 31, 1989, the program provides coverage for orthodontic treatment plans provided through PMI Panel Orthodontists. The maximum cost to the member for each treatment plan is $500.00 plus start-up costs and subject to the following: A. Orthodontic treatment must be provided by a member of the PMI Orthodontic Panel. B. Plan benefits cover 24 months of usual and customary orthodontic treatment. C. The following are not benefits included as orthodontia: 1. Cephalometric x-rays; 2. Tracings and photographs; 3. Study Models; 4. Lost or broken appliances; 5. Retreatment of orthodontic cases; 6. Treatment in progress at inception of eligibility; 7. Changes in treatment necessitated by accident of any kind; 8. Surgical procedures (including extraction of teeth solely for the purpose of orthodontia) incidental to orthodontic treatment; 9. Myofunctional therapy; 10. Surgical procedures related to cleft palate, micrognathia or macrognathia; 11. Treatment related to temporomandibular joint disturbances and/or hormonal imbalance; 12. Dispensing of drugs not normally supplied in a dental practice; 13. General anesthetics including intravenous and inhalation sedation; J 14. Dental services of any nature performed in a hospital; 15. Any dental procedures considered within the field of general dentistry such as fillings or extractions; 16. Malocclusions which are so severe or mutilated so as not to be amenable to ideal orthodontic therapy; AG56.0040 25 l -fir_--- EXHIBIT B Treatment that extends 24 months beyond the point of full permanent dentition will be subject to an office visit charge. Should a member be terminated for whatever reason and at the time of termination be receiving any orthodontic_ treatment, the member and not PMI will be responsible for payment of balance due for treatment performed after termination. The member's payments shall be based on the maximum fee of $1,400.00 and be pro -rated over the number of months to completion of the treatment and be payable on such terms and.conditions as are arranged between the member and the orthodontist. In no event shall the member be liable for more than the sum of $1,400.00 for the -treatment plan (does not include start-up fees). E. Start-up fee shall consist of the initial examination, diagnosis and consultation as well as study model impressions and the retention phase of treatment of up to two years maximum. This includes initial construction, placement and adjustments to retainers for a maximum period of two years. This amount is $250.00 and is subject to review and change on an annual basis. F. If treatment is not required or the member chooses not to start treatment after the diagnosis and consultation has been completed by the provider, the member will be charged a consultation fee of $25.00 in addition to diagnostic record fees. G. The European method of orthodontia -- activator appliances used in conjunction with eventual banding -- is to be considered as full treatment. H. Should this contract be terminated by either party due to the breach or non -renewal at the end of any applicable term, the provision of paragraph D above shall apply with respect to a member being treated for orthodontic work which is not completed at the date of termination. AG56.0040 26 Page 1 of 3 EXHIBIT C MEET AND CONFER MARINE SAFETY OFFICERS RETIREE MEDICAL PLAN An employee who has retired from the City, shall be entitled to participate in the City -sponsored medicalinsurance plans and the City shall contribute toward monthly premiums for coverage and in an amount as specified in accordance with this Plan, provided: A. At the time of retirement the employee has a minimum of ten (10) years of service or is granted an industrial disability retirement; and B. At the time of retirement the employee is employed by the City; and C. Following official separation from the City the employee is granted a retirement allowance by the California Public Employees' Retirement System. The City's obligation to pay the monthly premium as indicated shall be modified downward or cease during the lifetime of the retiree upon the occurrence of any one of the following: A. During any period the retired employee is eligible to receive or receives health insurance coverage at the expense of another employer, the payment will be suspended. "Another employer" as used herein means private employer or public employer or the employer of a spouse. As a condition of being eligible to receive the premium contribution as set forth in this plan, the City shall have the right to require any retiree to annually certify that the retiree is not receiving or eligible to receive any such health insurance benefits from another employer. If it is later discovered that a misrepresentation has occurred, the retiree will be responsible for reimbursement of those amounts inappropriately expended and the retirees' eligibility to receive further benefits will cease. B: On the first of the month in which a retiree or dependent reaches age 65 or on the date the retiree or dependent can first apply and become eligible, automatically or voluntarily, for medical coverage under Medicare (whether or not such application is made) the City's obligation to pay monthly premiums may be adjusted downward or eliminated. Benefit coverage at such age under City health plans shall be governed by plan documents for such plans. C. In the event the Federal Government or State Government mandates an employer -funded health plan or program for retirees, or mandates that the City make contributions toward a health plan (either private or public) for retirees, the City's contribution rate as set forth in this plan shall first be applied to that mandatory plan. If there is any excess, that excess may be applied toward the City medical plan as supplemental coverage provided the retired employee pays the balance necessary for such coverage, if any. D. In the event of the death of any employee, whether retired or not, the amount of the retiree medical premium benefit which the deceased employee was receiving at the time of his/her death or would be eligible to receive if he/she were retired based on the schedule below, shall be paid on behalf of the spouse or family for a period not to exceed twelve (12) months. 3745j Page 2 of. 3 EXHIBIT C SCHEDULE OF BENEFITS I. Minimum Eligibility for Benefits - With the exception of an industrial disability retirement, eligibility for benefits begins after an employee has completed ten (10) years of continuous service with the City of Huntington Beach. Said service must be continuous unless breaks are reinstated at the time of hire or rehire in accordance with the City's Personnel Rules. II. Disability Retirees - Industrial disability retirees with less than ten (10) years of service shall receive a maximum monthly payment toward the premium for health insurance of $40 for retirements after 10/l/87, $80 after 10/1/88 and $121 after 10/1/89. Payments shall be in accordance with the stipulations and conditions which exist for all other retirees. Payment shall not exceed dollar amount which is equal to the full cost of premium for employee only. III. All retirees including those retired as a result of disability whose number of years of service prior to retirement exceeds ten (10), shall be entitled to maximum monthly payment of premiums by the City as follows: Maximum Monthly Payment For Retirements After: Years of Service 10/1/87 10/1/88 10/1/89 10 40 80 221 11 44 88 132 12 48 97 145 13 53 105 158 14 57 113 170 15 61 122 182 16 65 130 195 17 69 138 207 18 73 146 220 19 77 155 232 20 81 163 244 21 86 171 257 22 90 179 269 23 94 188 282 24 98 196 294 25 102 204 306 26 106 213 319 27 110 221 331 28 115 229 344 Note: The above payment amounts may be reduced each month as dependent eligibility ceases. However, the amount shall not be reduced if such reduction would cause insufficient funds needed to pay the full premium for the employee and the remaining dependents. In the event no reduction occurs and the remaining benefit payment is not sufficient to pay the premium amount for the employee and the then eligible dependents, said needed excess premium amount shall be paid by the employee. 3745j a 3249j CITY OF HUNTINGTON BEACH COMPARISON OF INDEMNITY PLANS (Reflects PERS 8/1/87 Changes) BENEFITS PERS MEDICAL - CWTO Inpatient Hospital 100 % PPO Hospitals -after Benefits deductible 60 % Non PPO Hospitals - after deductible 85 % Non PPO Hospitals in areas without PPO Hospitals - after deductible Deductible $ 200 per person, $500 family maximum Maximum Out of $2,000 (may be higher - policy Pocket Employee unclear) Expense (Excludes Deductible) Accident Benefit None (covered same as other medical expenses) Prescription Drugs Additional deductibles as follows: $4 deductible per prescription for generic, $6 deductible per prescription for non generic Major Medical 85% PPO doctor - after deductible 60% Non PPO doctor -after deductible 80% X-rays, lab, etc. - after deductible CURRENT CITY PLAN 100 % - No deductible $12 5 per person, $375 family maximum $400 $500 80% after normal ($125/375) deductible 80% after deductible PROPOSED CITY PLAN EMPLOYEES RETIREES 100% - No 80% after deductible deductible $150/$400 $200/500 $550 $1,000 $500 None (covered same as other expenses) PCs PCs $4 - $6 $4 - $6 80% after 80% after deductible deductible W No, 5932 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly appointed, 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_ of October meeting thereof held on the 3rd day 19 88 , by the following vote: AYES: Councilmembers: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: Councilmembers: None ABSENT: Councilmembers: None a City Clerk and ex-officio lerk of the City Council of the City of Huntington Beach, California MARINE SAFETY OFFICERS' ASSOCIATION Memorandum of Understanding Two-year Contract Term October 1, 1985 — September 30, 1987 REQUE!-, i ' FOR CITY C®UNCL AC°TI®N Date March 6 1986 Submitted to: Honorable Mayor and City Council Members=-`",^C''�� Submitted by: Charles W. Thompson, City Administr Prepared by: Robert J. Franz, Chief of Administrative Services-�'' Subject: Memorandum of Understanding - Marine Safety Offic Consistent with Council Policy? [A Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source,, Alternative Actions, Attachments: a Statement of Issue: Through the meet and confer process, agreement has been reached with the Marine Safety Officers' Association for changes in their salaries, benefits and working conditions. This agreement now is submitted for formal Council approval by adoption of a resolution approving the Memorandum of Understanding. Recommended Action: Adopt the attached resolution approving the Memorandum of Understanding between the City and the Marine Safety Officers' Association for a two year agreement for changes in salaries, benefits and working conditions. Analysis: The Memorandum of Understanding and tentative agreement with the Association is consistent with Council guidelines and directions to the city negotiators during the executive sessions where the Council has been briefed on meet and confer issues. The Association accepted the City's offer and the attached memorandum reflects the agreed to changes. Funding Source: General Fund budgeted accounts and the 185/86 budget. Alternatives: Do not approve the agreement. 1924j PIO 4/84 MEET AND CONFER MARINE SAFETY OFFICERS ASSOCIATION PROPOSED TWO YEAR AGREEMENT C TO CT \/c no 1. 5% Salary Increase effective October 1, 1985. 2. Implement Medical Plan cost containment changes: a. Increase deductibles from $100/$300 to $125/$375. b. Hospital pre -admission notification required. c. Maximum City payment $400/month. d. Other minor changes. 3. Retirement pick-up by City reported as salary during 12 months prior to retirement. 4. City payment of employee PERS contribution increased 1 % on 04/01/86. 5. City to conduct actuarial on PERS medical plan option by 07/01/86. SECOND YEAR 1. 5% increase effective October 1, 1986. 2. City payment of employee PERS contribution increased 1% on 04/01/87. 3. Survivors Benefit provided as of 04/01/87. 1930j MARINE SAFETY OFFICERS' ASSOCIATION Memorandum of Understanding Two-year Contract W" l October 9, 1983 — October 9, 1985 REQUEST FOR CITY COUNCIL ACTT N Date 1/10/84 Submitted to: MAYOR AND CITY COUNCIL D. 1 ,� ' G Z3 CIL XPpR®y�; Submitted by: Charles W. Thompson, City Administrator Prepared by: Robert J. Franz, Chief Administrative Servi s�_--- Subject: Resolution of the Cityof Huntington Beach Im 1 ~� r uzg Imp emei°rt�ng a Memo anduatn of Understanding between the City of Huntington Beach and the Huntington Beach Marine Safety Officers' Association. �Y-S- Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: Statement of Issue: The City of Huntington Beach crud the- MSOA have'met.and conferred:as prescribed by-law and have reduced their agreements to Memorandum of Understanding for a term commencing October 9, 1983 and expiring October 9, 1985. MSOA represents 4 classifications and 5 employees. Recommendation: City Council adopt attached Resolution implementing the Memorandum of Understanding between the City and the MSOA. Analysis: Terms of Memorandum of Understanding include: A two year agreement commencing October 9, 1983 and expiring October 9, 1985. Annual Cost 1. Salary: a) Effective 10/9/83, increase all classifications 9% $15,750 b) First year savings by deleting special pay and differential - $7,000 (Net increase: 4.2%) c) Effective 10/6/84, increase all classifications 6% 12,300 d) Second year savings - $7,240 (Net increase: 4.3%) 2. Cap health insurance premium up to $350.00 per month or dollar premium in effect on January, 1985 whichever is greater. 3. Add: Cost containment language to medical insurance plan, including Second Opinion Program, Pre -Admission Testing and Outpatient Surgery. If approved, this agreement will conclude the 1983-84 meet and confer process. Two 1 year agreements (MEO and MEA) have been approved and the MSOA agreement would be the third 2 year agreement (POA and FA have agreed to two year MOU's). Funding Source: General Fund Alternative Actions: Continue meet and confer process. Attachments: Resolution implementing Memorandum of Understanding between the City and the Huntington Beach Marine Safety Officers' Association. P10 4/81 _4' RESOLUTION AND MOU WILL BE DELIVERED TO COUNCIL UPON COMPLETION FRIDAY RESOLUTION NO. 5348 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING A MEMORANDUM OF UNDERSTANDING WITH THE HUNTINGTON BEACH MARINE SAFETY OFFICERS' ASSOCIATION The Citv Council of the City of Huntington Beach does re- solve as follows: The Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Marine Safety Officers' Association, effective October 9, 1983, a copy of which is attached hereto 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 such agree- ment. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of January 1984. ATTEST: City Clerk APPROVED-; City Administrator RCS : ahb 1/13/84 b, /01 Ir APPROVED AS TO FORM: City Attorney C-� APPROVED: Community Services Director Table of Contents Preamble Article 1 Article 2 Article 3 Article 4 Article 5 Article 6 Article 7 Article 8 Article 9 Article 10 Article 11 Article 12 Article 13 Article 14 Article 15 Article 16 Article 17 Article 18 Article 19 List of Exhibits: "Alt 111311 05810 TABLE OF CONTENTS TITLE PAGE i 1 Representational Unit 1 Existing Conditions of Employment 2 Salary Schedules 2 Overtime and Standby Pay 2 Insurance 3 Income Protection Plan 4 Retirement 5 Educational Incentive Plan 5 Sick Leave 6 Family Illness Leave 6 Bereavement Leave 6 Vacations 6 Holidays 7 Uniforms 7 Exchange of Schedule 7 Management Rights 8. Physical Examinations 8 Terms of Memorandum of Understanding 8 City Council Approval 9 Salary Schedule 13 Second Opinion Surgical Program 14 8 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH, CALIFORNIA (Hereinafter called CITY) AND MARINE SAFETY OFFICERS' ASSOCIATION (Hereinafter called ASSOCIATION) PREAMBLE WHEREAS, pursuant to California law, the CITY, acting by and through its designated representatives, duly appointed by the governing body of said CITY, and the representatives of the ASSOCIATION, a duly recognized employee association, have met and conferred in good faith and have fully communicated and exchanged information concerning wages, hours and other terms and conditions of employment. WHEREAS, except as otherwise expressly provided herein, all terms and conditions of this agreement shall apply to all employees represented by the ASSOCIATION; and WHEREAS, the representatives of the CITY and the ASSOCIATION desire to reduce their agreements to writing, NOW, THEREFORE, this Memorandum of Understanding is made, to become effective October 9, 1983, and it is agreed as follows: ARTICLE I REPRESENTATIONAL UNIT It is recognized that the Marine Safety Officers' Association is the employee organization which has the right to meet and confer in good faith with the CITY on behalf of the employees of the Huntington Beach Community Services Department within the following classification titles: Marine Safety Lieutenant Marine Safety Boat Operator Marine Safety Sergeant Marine Safety Officer ARTICLE II EXISTING CONDITIONS OF EMPLOYMENT Except as expressly provided herein, the adoption of this Memorandum of Understanding shall not change existing terms and conditions of employment which have been established in prior Memoranda of Understanding between CITY and the ASSOCIATION. ARTICLE III SALARY SCHEDULES A. Effective October 9, 1983, employees shall be compensated at monthly salary rates by classification title and salary range during the term of this agreement as set out in Exhibit A attached hereto and incorporated herein. B. Each employee covered by this agreement shall be reimbursed an amount equal to 7% of the employee's base salary plus education incentive pay as pickup of a portion of each employee's PERS contribution. The above PERS pickup is not base salary but is done pursuant to Section 414(h)(2) of the Internal Revenue Code. C. Each Marine Safety Officer assigned to duty as boat operator shall receive pay as outlined in Exhibit A. Assignments as Marine Safety Officer/Boat are normally for a period not to exceed approximately six months, at the discretion of the Director of Community Services. Relief Boat Operator shall be compensated at a rate of 8.75% of his basic hourly rate for the hours worked. Such compensation shall be in lieu of summer supervision pay. ARTICLE IV OVERTIME AND STANDBY PAY A. Employees shall receive time and one half their salary rate for all time worked in excess of forty (40) hours during any given payroll week. For purposes of this article, approved vacation time and compensation time shall count as hours worked. Employees may elect to receive compensatory time off (to be accrued to a maximum of 120 hours) in lieu of such overtime pay. B. Standby Time: Employees required to be on standby for a court appearance during other than their scheduled working hours shall receive a minimum of two (2) hours straight time pay (including the differentials identified in Article IV) for both morning and afternoon court sessions. C. Court Appearance Time: Employees required to appear in court during other than their scheduled working hours shall receive a minimum of three (3) hours pay (including the differentials identified in Article IV) at time and one half. -2- ARTICLE V , INSURANCE A. The CITY shall continue to provide group medical benefits to all employees with coverage and other benefits comparable to the group medical plan currently in effect. B. Effective January 1, 1984, the group medical insurance plan shall be modified to pay 100% of the usual, customary and reasonable charges for out patient pre -admission testing and out patient surgery. C. Effective January 1, 1984, those elective surgeries listed on Exhibit "C" only will require a second opinion from a physician who is a qualified Board Certified surgeon in the same specialty as the original surgeon. Once such second opinion is obtained, if the individual elects to have the surgery, the normal benefit will be paid irrespective of the content of the second opinion. Should an employee or covered dependent elect a listed surgical procedure without a second opinion, such employee or dependent shall receive no benefit. The listed surgical procedures shall be considered elective unless the attending physician certifies that the procedure was performed on an emergency basis without reasonable time for a second opinion. All medical costs and expenses incurred in connection with securing the second opinion shall be paid by the Employee Health Care Plan. D. The CITY shall continue to provide dependent health insurance effective the first of the month following the month during which the employee completes three (3) years of full time continuous service with the CITY. E. Effective January 1, 1985, the CITY'S obligation to pay for health insurance shall be limited to the higher of: 1. $350 per month for full family coverage for eligible employees, OR 2. The maximum premium or rate for full family coverage under any plan maintained by the CITY for full family coverage. F. Effective July 1, 1975, employees who have been placed on industrial disability retirement subsequent to January 31, 1974 shall be eligible to continue to participate in the existing group medical benefit plan at their own cost. Participation shall cease upon the earliest of the following: (1) the expiration of three (3) calendar years following the date of the industrial disability retirement, or (2) the retiree obtaining eligibility for coverage under a comparable medical plan. Retirees who cease to participate may exercise any conversion privileges then in existence. G. Employees shall continue to be covered by dental plan benefits equal to those currently being provided by the CITY as modified in Exhibit "B". -3- W ARTICLE VI INCOME PROTECTION PLAN The existing long-term disability program provided employees by the CITY shall remain in effect. This program provides, for each incident of illness or injury, pay up to sixty (60) calendar days at the employee's salary rate (excluding overtime but including any special pay in effect at the time of illness or injury). After the sixty (60) calendar day period, the employee will be covered by an insurance plan paid for by the CITY which will provide 66-2/3 percent of the employee's salary rate (excluding overtime and any special pay) up to a maximum of $1,500 a month in accordance with the following: Disability Due Disability Due to Accident to Illness First 60 days Regular pay Regular pay Next 24 months 66-2/3% of base pay 66-2/3% of base pay up to a maximum up to a maximum benefit of $1,500 benefit of $1,500 monthly monthly To age 65 66-2/3% up to None maximum benefit of $1,500 monthly Days and months refer to calendar days and months. Plan integrated with Workmen's Compensation, Social Security and other non -private program benefits to which entitled. . Disability is defined as the inability to perform all of the duties of regular occupation during two (2) years and thereafter the inability to engage in any employment or occupation for which he is fitted by reason of education, training or experience. Rehabilitation benefits are provided in the event the individual, due to disability, must engage in other occupation. Plan will provide 66-2/3% of difference between regular pay and pay of other occupation. Survivors' benefit continues plan payment for three (3) months beyond death. Thew terms and conditions of the disability insurance coverage are set forth in the policy, a copy of which is on file in the Personnel Division of the Administrative Services Department. In the event of any conflict between the policy and this article, the policy shall control. The CITY may change insurance companies, policies, or self -insure this benefit, provided that the plans shall remain comparable to that currently in effect. -4- ARTICLE VII RETIREMENT The CITY will provide, for all employees represented by the ASSOCIATION whose retirement is effective or whose death occurs after July 1, 1978, Public Employees Retirement System retirement benefits computed by utilizing the two percent (2%) at age fifty (50) formula commonly referred to as the California Highway Patrol Retirement Plan. ARTICLE VIII EDUCATIONAL INCENTIVE PLAN The existing Marine Safety Officers' Education Incentive Plan shall be maintained as follows: Education Maximum Continuing Education Incentive College Training Years of College Units Monthly Level Units Points Service Required Annually Amount 1 30 10 1 6 $ 50 2 60 20 2 3 75 3 90 30 2 3 100 4 120 3 3 150 5 150 4 0 150 STIPULATIONS: I. College major shall be Marine Science, Police Science, Business Administration, Oceanography, Fire Science. 2. Initial eligibility must be approved by the Director of Community Services. An acceptable yearly performance evaluation, signed by the Director of Community Services is required. No incentive pay taken away without just cause. 3. Training points approved by the Director may be substituted for college units, on the following schedule: 10 of 30; 20 Of 60; 30 of 90. Each twenty hours completed of approved seminars, institutes, etc., are credited with one training point. 4. Pay to be effective on the first of each month following approval. 5. After 120 units or B.A., approved training points may be substituted for college units without limit. 6. Repeat college course credited as determined by the college. 7. Repeat approved seminars, institutes, etc., credited as determined by the Director of Community Services. 8. All college units require grade of "C" or better to qualify. f 9. Obtaining transcripts or other acceptable documentation is each employee's responsibility. 10. Employee may choose between approved training points or college units where a choice is available. No change allowed once choice is made, no double credit allowed. -5- ARTICLE IX SICK LEAVE As of July 31, 1974, all sick leave accumulation was frozen for purposes of payoff upon termination and no additional time will be accumulated. Salary continuation for approved sick leave is covered under Article VI above. ARTICLE X FAMILY ILLNESS LEAVE Sick leave may be used for an absence due to illness of the employee's spouse or child when the employee's presence is required at home, provided that such absences shall be limited to five (5) days per calendar year. ARTICLE XI BEREAVEMENT LEAVE Employees shall be entitled to Bereavement Leave not to exceed three (3) working days per calendar year in instance of death in the immediate family. Immediate family is defined as father, mother, sister, brother, spouse, children, stepfather, stepmother, 2stepsisters, stepbrothers, mother-in-law, father-in-law or stepchildren. ARTICLE XII VACATIONS Anniversary Date: For the purpose of computing vacation, an employee's anniversary date shall be the most recent date on which he commenced full-time, city employment. Annual Vacation: The purpose of annual vacation is to provide a rest period which will enable each employee to return to work physically and mentally refreshed. All employees shall be entitled to annual vacation with pay EXCEPT the following: (a) Employees who have not completed six (6) months continuous service with the CITY. (b) Employees who work less than full-time. (c) Employees on leave of absence. Vacation Allowance: Permanent employees in CITY service, having an average work week of forty (40) hours, shall accrue annual vacations with pay in accordance with the following: Years of Service Vacation Allowance First through Fourth Year j Fifth through Ninth Year Tenth through Fourteenth Year Fifteenth Year and Thereafter 112 hours 136 hours 160 hours 192 hours -6- No vacation may be taken until the completion of six (6) months of service. Permanent, part-time employees assigned a work schedule of less than 2,080 and more than 1,040 hours per year shall receive vacation in one-half the amounts set forth above. Vacation - When Taken: No employee shall be permitted to take a vacation in excess of actual time earned and vacation shall not be accrued in excess of 320 hours. Vacations shall be taken only with permission of the department head; however, the department head shall schedule all vacations with due consideration for the wish of the employee and particular regard for the need of the department. Terminal Vacation Pay: No employee shall be paid for unused vacation other than upon termination of employment at which time such terminating employee shall receive compensation at his current salary rate for all unused, earned vacation to which he is entitled up to and including the effective date of his termination. Receipt of Vacation Pay: Upon two week written notification to the Finance Director, each employee shall be entitled to receive his earned vacation pay, less deductions, in advance, prior to his regular scheduled annual vacation. Such advancements are limited to one during each employee's anniversary year. Pay in Lieu of Vacation: An employee may elect to take up to 80 hours of pay for accrued vacation in lieu of time off. It is the intent of the parties that employees will take vacation during the fiscal year. ARTICLE XIII HOLIDAYS Employees represented by the ASSOCIATION and actively employed by the CITY, in addition to regular compensation, shall receive each month, pay for one twelfth of the total holiday hours earned for the year based on eight (8) hours per holiday, 72 hours per year. They shall be entitled to an additional eight (8) hours of pay at their regular rate for special holidays observed by the CITY beyond those identified in the Personnel Rules of the CITY. ARTICLE XIV UNIFORMS The CITY shall continue the existing practice of providing and replacing uniforms and safety equipment. ARTICLE XV EXCHANGE OF SCHEDULE The Department shall allow employees to exchange work schedules and shifts Pam. among those of equal rank and ability, providing prior approval is obtained from the Department Director and the payback of the shift exchange is completed within sixty (60) '§ calendar days. -7- ARTICLE XVI MANAGEMENT RIGHTS Except as expressly abridged or modified herein, the CITY retains all rights, powers and authority with respect to the management and direction of the performance of marine safety services and the work forces performing such services, provided that nothing herein shall change the CITY's obligation to meet and confer as to the effects of any such management decision upon wages, hours and terms and conditions of employment or be construed as granting the Director or the CITY the right to make unilateral changes in wages, hours, and terms and conditions of employment. Such rights include, but are not limited to, consideration of the merits, necessity, level or organization of CITY services, including establishing manning requirements, overtime assignments, number and location of work stations, nature of work to be performed, contracting for any work or operation, reasonable employee performance standards, including reasonable work and safety rules and regulations in order to maintain the efficiency and economy desirable for the performance, of CITY services. The parties agree to meet and confer during the term of this agreement on revisions, changes, modifications and additions to the Personnel Rules and/or Department Rules when requested by City. ARTICLE XVII PHYSICAL EXAMINATIONS The City agrees to pay for physical examinations authorized by the Department Head, with the understanding that results thereof may be utilized for corrective action and the determination of the employee's continued ability to perform duties of the position. A copy of the physical examination shall be provided to the employee upon his request. ARTICLE XVIII TERMS OF MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding shall be in effect for a term commencing on October 9, 1983 and ending at midnight on October 9, 1985. No further improvements or changes in the salaries and monetary benefits of the employees represented by the ASSOCIATION shall take effect during the term of this agreement and the ASSOCIATION expressly waives any right to request any improvements or changes in salaries or monetary benefits for the employees represented by the ASSOCIATION which would take effect prior to October 9, 1985, and the City of Huntington Beach, through its representatives, shall not be required to meet and confer as to any such request. W:11 ARTICLE XIX CITY COUNCIL APPROVAL It is the understanding of the CITY and the ASSOCIATION that this Memorandum of Understanding is of 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 26th day of January 1984. DATED: January , 104 nistrative APPROVED AS TO FORM: -i1 r! City Attorney 03660 CITY OF HUNTINGTON BEACH i BY G2'�c2%s City Administrator APPROVED: BY rector of Community Services MARINE SAFETY OFFICERS' ASSOCIATION By By W By -9- fir EXHIBIT "A" CITY OF HUNTINGTON BEACH MARINE SAFETY OFFICERS' ASSOCIATION EFFECTIVE OCTOBER 8, 1983 JOB NO. TITLE RNG A B C D E 4532 Marine Safety Officer 313 1799 1898 2002 2113 2229 4534 Marine Safety Officer/Boat 330 1962 2070 2184 2304 2430 2560 Marine Safety Sergeant 342 2080 2194 2316 2442 2576 1560 Marine Safety Lieutenant 366 2345 2473 2610 2754 2905 8.75% of the basic hourly rate for hours worked as Relief Boat Operator. EFFECTIVE OCTOBER 6, 1984 JOB NO. TITLE RNG A B C D E 4532 Marine Safety Officer 325 1912 2018 2129 2246 2369 4534 Marine Safety Officer/Boat 342 2080 2194 2316 2442 2576 2560 Marine Safety Sergeant 354 2212 2333 2461 2597 2739 1560 Marine Safety Lieutenant 378 2493 2629 2773 2926 3087 8.75% of the basic hourly rate for hours worked as Relief Boat Operator. EXHIBIT " B" TO: MEMBERS OF THE HUNTINGTON BEACH MARINE SAFETY OFFICERS' ASSN. RE: SECOND OPINION SURGICAL PROGRAM Certain surgical procedures done on an elective basis shall be mandated to have a second surgical opinion in order to qualify as being fully covered under the City of Huntington Beach Employee Health Care Plan. The surgical procedures which would require a second opinion if done on an elective basis, are listed below: 1. PROSTATECTOMY - excision of part of all of the prostate gland. 2. HYSTERECTOMY -removal of the uterus (womb). 3. ONYCHOTOMY - surgical removal of the nail of a toe or finger. 4. KNEE SURGERY (MENISECTOMY) - removal of meniscus cartilage of the knee. 5. REPAIR OF DEVIATED SEPTUM (SMR) - sub -mucous resection - plastic surgical procedure to straighten nose. 6. TONSILLECTOMY and ADENOIDECTOMY - surgical removal of tonsils and/or adenoids. 7. LAMINECTOM Y - surgery on spinal cord through the vertebral arch. 8. HEMORRHOIDECTOMY - surgical excision of hemorrhoids (piles). 9. DILATATION AND CURETTAGE - expansion of cervix and scraping of uterine cavity. 10. MASTECTOMY -surgical removal of the breast. 11. CATARACT SURGERY - excision of diseased lens of the eye. 12. VARICOSE VEIN LIGATION - removal of varicose vein. 13. CHOLECYSTOSTOMY - cutting into and draining of the gallbladder through abdominal wall. 14. HERNIA REPAIR - repair of an inguinal femoral or umbical hernia. 15. SPINAL FUSION - surgical fusion of two or more vertebrae. .:M�4 EXHIBIT "B" - CONTINUED SECOND OPINION SURGICAL PROGRAM The second opinion will be rendered by a physical who is: 1. A qualified Board Certified surgeon in the same speciality as the original surgeon. 2. Of good standing in the Orange County Medical community. 3. A member of the Orange County Foundation for Medical Care. The second opinion surgical panel members will also agree that the patient will be referred back to the original physician, whether the second opinion surgeon agrees or disagrees with the original physician's assessment. The Foundation for Medical Care of Orange County has panel physicians in all major cities of Orange County. The patient will be given a list of three second opinion panel surgeons. They will be expected to select one of the panel physicians and be examined to determine the medical necessity of the proposed procedure. The second surgical opinion fee will be paid by the Employee Health Care Plan (average range $75 to $150 with a written report). 03660 .es. No. 5348 S'r,NrE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, 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 more than a majority of all the members of said City Council at a regular meeting thereof held on the 16th day of January 19 84 , by the following vote: AYES: Councilmen: Pattinson, MacAllister, Thomas, Kelly, Finley, Bailey, Mandic NOES: Councilmen: None ABSENT: Councilmen: None • ! � � �'�::%, Gam' i ✓ �^iL/ L� City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California a, January 16, 1984 Mr. John Barth, Presi.dent Huntington Beach Marine Safety Officers Association P 0 Box 190 Huntington Beach, Ca. 92648 Dear Mr. Barth: Attached is a copy of a new Administrative Regulation regarding the procedure that a recognized employee organization may follow to have materials printed in the City Print Shop for the association. This policy was developed at the request of MEO. You will note that a letter from you indicating your approval and acceptance of this policy is the only thing required from you.in order to utilize the City Print Shop for the specific reasons identified in the policy. Pleas_e---let me know if - ou have any questions on this new policy. increly, Robert J.. rd Chief of nistrati RJF/cg MARINE SAFETY OFFICERS' ASSOCIATION Memorandum of Understanding Contract Effective October 10, 1981 RESOLUTION NO. 5045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING A MEMORANDUM OF UNDERSTANDING WITH THE HUNTINGTON BEACH MARINE SAFETY OFFICERS' ASSOCIATION 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 Huntington Beach Marine Safety Officers' Association, effective October 10, 1981, a copy of which is attached hereto 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 such agreement. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a adjourned regular/meeting thereof held on the 26th day of October, 1981. ATTEST: City Clerk APPROVED AS TO CONTENT: - 1 41 City Adr6inistratof APPROVED AS TO CONTENT - Director Corrimunity Services /ell dz-,�". Mayor APPROVED AS TO FORM: City Attorney t'vic-MORANDUM OF UNDERSTANDING, BETWEEN THE CITY OF HUNTINGTON BEACH, CALIFORNIA, (Herinafter called CITY) AND MARINE SAFETY OFFICERS' ASSOCIATION (Hereinafter called ASSOCIATION) PREAMBLE WHEREAS, pursuant to C . adifornia law, the CITY,, acting by and through its designated repres6intatives, duly appointed by the governing body of. said CITY, and the. representatives esentatives of the ASSOCIATION,,a duly recognized employee association, have i-net and conferred in od faith and have fully communicated and exchanged information 910 concerning wages, hours and other terms and.conditions of employment. WHEREAS, except as otherwise expressly provided herein, all terms and conditions of this agreement shall apply to all employees represented by the ASSOCIATION-, and. W . HEREAS, the representatives of the CITY and the ASSOCIATION desire to reduce their agreements to writing, NOW, THEREFORE, this Memorandum of Understanding i's made, to become effective October 10, 1981, and it is agreed as follows: ARTICLE I REPRESENTATIONAL UNIT It is recognized that the Marine Safety Officers', Association is the employee organization which has the right to meet and confer in good faith with the CITY an behalf of the emplbye6s. of the Huntington Beach Community Services Department within the followih lass' q c ification titles: Marine Safety Lieutenant Marine Safety Boat Operator Marine Safety Sergeant Marine Safety Officer Elm ARTICLE II EXISTING CONDITIONS OF EMPLOYMENT Except as expressly provided herein, the adoption of this Memorandum of Understanding shall not change existing terms and conditions of employment which have been established in prier Memorandum of Understanding between CITY and the ASSOCIATION. ARTICLE III SALARY SCHEDULES A. Effective October. 10, 1981, employees shall be compensated at monthly salary rates by classification title and salary range during the term of this agreement as set out in Exhibit A attached hereto and incorporated herein. B. Vfactive October 11, 1960, each employee covered by this agreement shall be reimbursed an amount equal to 7% of the employee's base salary plus education incentive pay as pickup of a portion of each employee's PERS contribution. The above PERS pickup is not base salary but is done pursuant to Section 414(h)(2) of the Internal Revenue Code. ARTICLE IV SALARY DIFFERENTIALS A. Employee assigned to duty on the Search and Rescue Team shall receive $50 per month in addition to their applicable salary. B. Marine Safety Officers .assigned to summer supervision duty shall receive seven percent (1%) of the basic hourly rate for the hours worked while assigned as supervisor in addition to "their applicable salary. C. Each Marine Safety Of€icerassigned to duty as Boat tOperator not to exceed six months, shall receive pay as outlined in Exhibit A. Relief Brut Operator shall be compensated at a rate of 8.75% of his basic hourly rate for the hours worked. Such compensation shall be in lieu of summer supervision pay. -2. ARTICLE V OVERTIME AND STANDBY PAY A. Employees shall receive time and one half their salary rate for all time worked in excess of forty (40) hours during any given payroll week. For purposes of this article, approved vacation time and compensation time shall count as hours worked. Employees may elect to receive compensatory time off (to be accrued to a maximum of 120 hours) in lieu of such overtime pay. B. Standby Time: Employees required to be on standby for a,court appe . arance during other, than their scheduled working hours shall receive a minimum of two (2) hours straight time pay (including the differ'entials identified in Article IV) for both morning and afternoon court -sessions. C. Court Appearance Time: Employe es required red to appear in court during other than their scheduled working hours shall receive a minimum of three (3) hours pay (including the differentials identified in Article IV) at time and one half. ARTICLE VI INSURANCE A. The CITY shall continue to provide grOUP medical benefits to 611 employees with comparable. to those presently in effect as modified by Exhibit "B". B. Upon,thd completion of three (3) years of service, employees shall have their group medical benefits for dependents paid by the CITY. C. Effective July 1 1, 1975, employees who have been. placed on', industrial disability retirement subsequent to January 31, 1974 shall be eligible to continue to participate in the existing gr6up medical benefit plan at their own cost, Participation I on shall cease se upon the earliest of the. following-. (1) the expiration of three M calendar years following the date of the industrial disabi lity re. I t I irement, at (2) the retiree obtaininq eligibility for, coverage under a comparable medical plan. Retirees who- cease to participate may. exercise any conversion privileges then in existence. D. Employees shall continue to. be covered by denial plan benefits equal ual to those currently being provided by the CITY as modified in Exhibit "B". -3- ARTICLE VII INCOME PROTECTION PLAN The existing long-term disability program provided employees by the CITY shall remain in effect. This program provides, for each incident of illness or injury, pay up to sixty (60) calendar days at the employee's salary rate (excluding overtime but including any special pay in effect at the time of illness or injury). After the sixty (60) calendar day period, the employee will be covered by an insurance plan paid" far by .the CITY which will provide 66-2/3 percent of the employee's salary rate (excluding overtime and any special pay) up to a maximum of $1,500 a month in accordance with the following: Disability Due Disability Due to Accident to Illness First 60 days Regular pay Regular pay Next 24 months 66-2/3% of base pay 66-2/3% of base..pay up to a maximum up to a maximum benefit of $1,500 benefit of $1,500 monthly monthly To age 65 66-2/3% up to None maximum benefit of $1,500 monthly Days and months refer to calendar days and months. Plan integrated with Workmen's Compensation, Social Security and other non -private program benefits to Which entitled. Disability is defined as the inability to perform all of the duties of regular occupation during two (2) years and thereafter the inability to Engage in any employment or occupation for which he is fitted by reason of education, training or experience. Rehabilitation be are provided in the event the individual, due to disability, must engage in other occupation. Plan will provide 66-2/3% of difference between regular pay and pay of other, qccup ati on. Survivors' benefit continues planpayment for three (3) months beyond "death. _4- ARTICLE VIII RETIREMENT The CITY will provide, for all employees represented by the ASSOCIATION whose retirement is effective or whose death occurs after July 1, 1978, Public Employees Retirement System retirement benefits computed by utilizing the two percent (2%) at age fifty '(50) formula commonly referred to as the California Highway Patrol Retirement Plan. ARTICLE IX EDUCATIONAL INCENTIVE PLAN The existing Marine Safety Officers' Education Incentive Plan shell be maintained as follows: Education Maximum Continuing Education Incentive College Training Years of College Units Monthly Level Units Points Service Required Annually . Amount 1 30 10 1 6 $ 50 2 60 20 2 3 75 3 90 30 2 3 100 4 120 3 3 150 5 150 4 0 150 STIPULATIONS: 1. College major shall be Marine Science, Police Science, Business Administration, Oceanography, Fire Science. 2. Intitial eligibility must be approved by the Director of Community Services. An acceptable yearly performance evaluation, signed by the Director of Community Services is required. No incentive pay taken away without just cause. 3. Training points approved by the Director may be substituted far college units, on the following schedule: 10 of 30; 20 Of 60; 30 of 90. Each twenty hours completed of approved seminars, institutes, etc., are credited with one training point. 4. Pay to be effective on the first of each month following approval. -5- 5. After 120 th..,,s or B.A., approved training poii,.- may be substituted for college units without limit. 6. Repeat college course credited as determined by the college. 7. Repeat approved seminars, institutes, etc., credited as determined by the Director of Community Services. 8. , All college units require grade of "C" or better to qualify, 9. Obtaining transcripts or other acceptable documentation is each employee's responsibility. 10. Employee may choose between approved training points or college units where a 'choice is available. No change allowed once choice is made, no double credit allowed. ARTICLE SICK LEAVE As of July 31,,1974, all sick leave accumulation was frozen for purposes of payoff Upon termination and noadditionaltime will be accumulated. Salary continuation for approved sick leave is covered under Article VII above. ARTICLE XI FAMILY ILLNESS LEAVE. Sick leave may be used for an absehc . e due to illness of the employee's spouse or child when the employee's presence is required at home, provided that such absences shall be limited to five (5) days per calendar year. ARTICLE XII BEREAVEMENT LEAVE Employees shall be entitled to Bereavement Leave not t6.exceed "three (3) working days per calendar year in instance of death in the immediate family. Immediate family is defined as father,. mother, sister, brother, spouse, children, stepfather, stepmother, stepsisters, stepbrothers, mother-in-law, father-in-law or stepchildren. -6- ARTICLE XIII VACATIONS Anniversary Date: For the purpose of, computing vacation, an employee's anniversary date shall be the most recent date on which he commenced full-time, city employment. Annual Vacation: The purpose of annual vacation is to provide a rest period which will enable each employee to return to work physically and mentally refreshed. All employees shall be entitled to annual vacation With pay EXCEPT the following: (a) Employees who have not completed six (6) months continuous service with the CITY. (b) Employees who work less than full-time. (c) Employees on leave of absence. Vacation Allowance: Permanent employees in CITY service, having an average work week of forty (40) hours, shall accrue annual vacations with pay in accordance with the following: (a) For 'the first four (4) years of continuous service vacation time will be accrued at the rams of 112 hours per year. (b) After four (4) years of continuous service to the, completion of nixie (1) years of continuous service, vacation time will be accrued at, the rate of 136 hours per year. (c) After nine (9) years of continuous service to the completion of fourteen (14) years of continuous service, vacation time will be accrued at the rate of 160. hours per year. (d) After fourteen (14) years of continuous service, vacation time will be accrued at the rate of 192 hours per year. . No vacation may be taken. until the completion ,of six (6) months of service. Permanent, part-time employees assigned a work schedule of less th an' 2,080 and, more than 1,040 hours per year shall receive vacation in one-half the amounts set forth above. -7 - Vacation When . _..en: No employee shall be permit,, J to take a vacation in excess of actual time earned and vacation shall not be accrued in excess of 320 hours. Vacations shall be taken only with permission of the department head; however, the department head shall schedule all vacations with .dire consideration for the wish of the employee and particular regard for the need of the department. Terminal Vacation Pay: No employee shall be paid for unused vacation other than upon termination of employment at which time such terminating employee shall receive compensation at his current salary rate for all unused, earned vacation to which he is entitled up to and including the effective date of his termination. Receipt of Vacation Pay:. Upon two week written notification to the Finance Director, each employee shall be entitled to receive his earned vacation pay, less deductions, in advance, prior to his regular scheduled annual vacation. Such advancements are limited to one during each employee's anniversary year. Pay in Lieu of Vacation: An employee may elect to take up to 80 hours of pay for accrued vacation in lieu of time off. It is the intent of the parties that employees will take vacation during the fiscal year. ARTICLE XIV HOLIDAYS Employees represented by the ASSOCIATION and actively employed by the CITY, in addition to regular compensation, shall receive each month, pay for one twelfth of the total holiday hours earned for the year based on eight (8) hours per holiday, 72 hours per year.. They shah be entitled to an additional eight .(8) hours cif pay at- their regular rate for special holidays observed by the CITY beyond those identified in the Personnel Rules of the CITY. ARTICLE XV UNIFORMS The CITY shall continue the existing practice of providing and replacing uniforms and safety equipment. ARTICLE XVI EXCHANGE OF SCHEDULE The Department shall allow employees to exchange work schedules and shifts among those of equal rank and ability, providing prior approval is obtained from the Department Director and the payback of the shift exchange is completed within sixty (60) calendar days. ARTICLE XVII MANAGEMENT RIGHTS Except as expressly abridged or modified herein, the Director of Community Services retains all rights, powers and authority with respect to the management and direction of the performance of marine safety services and the work forces performing such services, provided that nothing herein shall change the CITY's obligation to meet and confer as to the effects of any such management decision upon wages, hours and terms and conditions of employment or tie construed as granting the Directoror the CITY the right to make unilateral changes in wages, hours, and terms and conditions of employment. . Such rights include, but are not limited to, consideration of the merits, necessity, level or organization of CITY services,. including establishing manning requirements; overtime assignments, number and location of work .stations, nature of work to be performed', contracting for any work or operation, reasonable employee performance standards, including reasonable work and safety rules and regulations in order to maintain . the efficiency and economy desirable for, the performance of CITY.'services. The parties understand that the Personnel Rules are in the process of revision and agree to meet and confer on such revisions during the term of this. agreement when requested by City. ARTICLE XVIII PHYSICAL EXAMINATIONS The City agrees to pay for physical examinations ' authorized by the Department Head, with the understanding that results thereof may be utilized, for corrective action and the determination of the employee's continued ability to perform duties of, the position. A copy of the physical examination shall be provided to the erriployee upon his . request. ARTICLE XIX TERMS OF MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding shall be in effect for a term commencing on October 10,1981 and ending at midnight on October 9,1983. No further improvements or changes in the salaries and monetary benefits of the employees represented by the ASSOCIATION: shall take effect during the term of this agreement and the ASSOCIATION expressly waives any right to, request any improvements or., changes in salaries or monetary benefits for the employees represented by the ASSOCIATION which would take e ffect prior to October 9, 1983, and the City of Huntington Beach, through its representatives, shah not be required to meet and confer as to any such request. ARTICLE XX CITY COUNCIL APPROVAL It is the understanding of the CITY and the ASSOCIATION that this Memorandum of Understanding is of no farce or effect whatsoever, unless and until adopted by Resolution of the City Council of the City of Huntington Beach. Its WITNESS WHEREOF, this parties, hereto have executed this Memorandum of Understanding this 26th clay of Oictober, 1981. M MARINE SAFETY OFFICERS' ASSOCIATION SALARY SCHEDULE Effective October 10, 1981 MONTHLY SALARY Job No. Title Rand A 0 C 4532 Marine Sfty Offic 278 1511 1595 1683 1775 1872 4534 Mar Safty off Bt 294 1640 1730 1825 19926 2031 2560 Marine Saftey Sgt 306 1742 1837 1938 2044 2156 1560 Marine Sfty L eut 330 1962 2070 2184 2304 2430 Search. and Rescue Team Pay $50.00 per month Marine Safety Officer Summer Supervisory 7% of basic monthly rate Pay Marine Safety Officer Boat and Sergeant shall be seasonal appointments not to exceed six months per year. 8.75% of the basic hourly rate for hours worked as Relief Boat Operator. 2242D/00'026 a CITY OF HUNTINGTON BEACH ADMINISTRATIVE SERVICES DEPARTMENT MARINE SAFETY OFFICERS' ASSOCIATION SALARY SCHEDULE Effective October 9, 1982 Exhibit A MONTHLY SALARY Job No. Title Range A B C D E 4532 Marine Sfty Offic 295 1650 1740 1836, 1936 2042 1 4534 Mar Safq Off Bt. 312 1791 1889 1993 2103 2219 2560 Marine Saiftey Sgt 324 1903 2007 2118 2234 2357 1560 Marine Sfty Lieut 348 2142 2260 2385 2517 2655 Search and Rescue Team Pay $50.000 per month Marine Safety Officer Summer Supervisory 7% of basic monthly rate Pay Marine SafetyOfficer Boat and Sergeant shall be, seasonal appoint ents a m not to exceed six months per year. 8.75% of the basic hourly rate for hours worked as Relief Boat Operator. 2242D/0002B EXHIBIT "B" CITY OF RJNTINGTON BEACH MEDICAL PLAN FOR MARINE SAFETY OFFICERS' ASSOCIATION EFFECTIVE: NOVEMBER 1, 1981 1. Relative value schedule improvement (RVS) Effective November 1, 1981 Present 1964 RVS at $8 per unit increased to 1974 RVS at $65 per unit ($65 on 1974 RVS = $9.70 on 1964 RVS) 2. Increase lifetime maximum to $1,000,000. Effective November 1, 1981 3. Mental and nervous benefits Effective November 1, 1981, A. Modify ln-fiouse coverage from lEd percent to 50 percent, delete out -patient coverage of $10 per visit, and add California Psychological Health Plan. 4. COlete preventative dental benefit from FHP Effective January 11 1981 program.' as eqt*l or better coverage is available through various dental plans. 5. Increase dental benefits to 75% of Effective as soon as insurance Usual and Customary fees. Also increase company notified of associations Orthodontic coverage to a maximum of agreement. $1,500,= City pick up added premium of $1.50 per person per month. -12- RE i9 . 504 5 F � STATE OF CALIFORNIA � CMMTY OF ORANGE ` CITY OF HIM INGTON BEACH } I, ALICIA M. ViENTWQRTH, the duly elected, qualified City Clerk of the City of Huntington Beech, and ex-officio Clerk of the .City Council of.said City, do hereby certify Chat 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 more than a majority of all the members of said City Council at a regular adjourned meeting thereof held on the �'� day of October 19 8l,_ _, by the following vote: AYES: Councilmen: Ma Allister Pattinson Finley.Baia Mandic Le11 ' �4 City Clerk and ex-officio Clerk of the City Council of the City of Huntington Reach, California MARINE SAFETY OFFICERS' ASSOCIATION Memorandum of Understanding October 1, 1980 October 6, 1978 July 1, 1976 July 1, 1975 July 7, 1974 4 RESOLUTION NO. 4930 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING A MEMORANDUM OF UNDERSTANDING WITH THE HUNTINGTON BEACH MARINE SAFETY OFFICERS' ASSOCIATION 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 Huntington Beach Marine Safety Officers' Association, effective October 1, 1980, a copy of which is attached hereto 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 such agreement. PASSED AND ADOPTED.by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of ATTEST: City Clerk APPROVED AS TO CONTENT: ,4 City A inistrator APPROVED BY INITIATING DEPARTMENT: Director Personnel Labor Relations+ Mayor — APPROVED AS TO FORM: GAIL HUTT id, City 7-"' By Deputy City City of Huntington Beach M MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH, CALIFORNIA (Herinafter called CITY) AND MARINE SAFETY OFFICERS' ASSOCIATION (Hereinafter called ASSOCIATION) PREAMBLE WHEREAS, pursuant to California law, the CITY, acting .by and through its designated representatives, duly appointed by the governing body of said CITY, and the representatives of the ASSOCIATION, a duly recognized employee association, have met and conferred in good faith and have fully communicated and exchanged information concerning wages, hours and other terms and conditions of employment. WHEREAS, except as otherwise expressly provided herein, all terms and conditions of this agreement shall apply to all employees represented by the ASSOCIATION; and WHEREAS, the representatives of the CITY and the ASSOCIATION desire to reduce their agreements to writing, NOW, THEREFORE, this Memorandum of Understanding is made, to become effective October 1, 1980, and it is agreed as follows: ARTICLE I REPRESENTATIONAL UNIT It is recognized that the Marine Safety Officers' Association is the employee organization which has the right to meet and confer in good faith with the CITY on behalf of the employees of the Huntington Beach Community Services Department within the following classification titles: Marine Safety Lieutenant Marine Safety Boat Operator Marine Safety Sergeant Marine Safety Officer -1- ARTICLE II EXISTING CONDITIONS OF EMPLOYMENT Except as expressly provided herein, the adoption of this Memorandum of Understanding shall not change existing terms and conditions of employment which have been established in prior Memorandum of Understanding between CITY and the ASSOCIATION. ARTICLE III SALARY SCHEDULES A. Effective October 11, 1980, employees shall be compensated at monthly salary rates by classification title and salary range during the term of this agreement as set out in Exhibit A attached hereto and incorporated herein. B. Effective October 11, 1980, each employee covered by this agreement shall be reimbursed an amount equal to 7% of the employee's base salary plus education incentive pay as pickup of a portion of each employee's PERS contribution. Said employees will continue to pay 2% PERS plus 9% of the 7% portion being reimbursed to them.. The above PERS pickup is not base salary but is done pursuant to Section 414(h)(2) of the Internal Revenue Code. For retirement purposes, the above pickup shall be considered as compensation and the appropriate PERS deduction shall be made from the above pickup in name of the individual employee. Effective October 11, 1980 MONTHLY SALARY Job No. Title Range A B 4532 Marine Sfty Offic 259 1378 1454 4534 Mar Safty Off Bt 273 1477 1558 2560 Marine Saftey Sgt 287 1581 1667 1560 Marine Sfty Lieut 309 1766 1863 Search and Rescue Team Pay .Marine Safety Officer Summer Supervisory Pay C D E 1534 1619 .1707 1643 1733 1829 1759 1856 1959 1966 2073 2187 $50.00 per month Five percent (5%) of Basic Monthly Rate t -2- ARTICLE IV SALARY DIFFERENTIALS A. Employees assigned to duty on the Search and Rescue Team shall receive $50 per month in addition to their applicable salary. B. Marine Safety Officers assigned to summer supervision duty shall receive five percent (5%) of the basic hourly rate for the hours worked while assigned as supervisor in addition to their applicable salary. C. Each Marine Safety Officer assigned to duty as Boat Operator for six months shall receive pay as. outlined in Article III. Relief Boat Operator shall be compensated at a rate of 8.75% of his basic hourly rate for the hours worked. Such compensation shall be in lieu of summer supervision pay, if any. ARTICLE V OVERTIME AND STANDBY PAY A. Employees shall receive time and one half their salary rate for all time worked in excess of forty (40) hours during any given payroll week. For purposes of this article, approved vacation time and compensation time shall count as hours worked. Employees may elect to receive compensatory time off (to be accrued to a maximum of 120 hours) in lieu of such overtime pay. B. ' Standby Time: Employees required to be on standby for a court appearance during other than their scheduled working hours.shall receive a minimum of two (2) hours straight time pay (including the differentials identified in Article IV) for both morning and afternoon court sessions. C. Court Appearance Time: Employees required to appear in court during other than their scheduled working hours shall receive a minimum of three (3) hours pay (including the differentials identified in Article IV) at time and one half. 0 -3 - ARTICLE VI INSURANCE A. The CITY shall continue to provide group medical insurance to all employees with benefits comparable to those presently in effect. B. Upon the completion of three (3) years of service, employees shall have their group insurance premiums for dependent medical coverage paid by the CITY. C. Effective July 1; 1975, employees who have been placed on industrial disability retirement subsequent to January 31, 1974 shall be eligible to continue to participate in the existing group medical insurance plan at their own cost. Participation shall cease upon the earliest of the following: (1) the expiration of three (3) calendar years following the date of the industrial disability retirement, or (2) the retiree obtaining eligibility for coverage under a comparable medical plan. Retirees who cease to participate may exercise any conversion privileges then in existence. D. Employees shall continue to be covered by dental plan benefits equal to those currently being provided by the CITY. Effective January 1, 1977, employees and dependents shall be covered under a dental plan comparable to that provided for employees under Resolution 4300, based upon a super composite rate to be obtained by the CITY; provided, however, in the event said super composite rate results in an increase in premium in excess of $10.00 per month per employee, the amount of said excess shall be deducted from the monthly salary rates for each classification provided for in Article III. ARTICLE VII INCOME PROTECTION PLAN The existing long-term disability program provided employees by the CITY shall remain in effect. This program provides, for each incident .of illness or injury, pay up to sixty (60) calendar days at the employee's salary rate (excluding overtime but including any special pay in effect at the time of illness or injury). After the sixty (60) calendar day period, the employee will be covered by an insurance plan paid for by the CITY which will provide 66-2/3 percent of the employee's salary rate (excluding overtime and any special pay) up to a maximum of $1,500 a month in accordance with the following: -4- First 60 days Next 24 months Disability Due to Accident Regular pay 66-2/3% of base pay up to a maximum benefit of $1,500 monthly To age 65 66-2/3% up to maximum benefit of $1,500 monthly Disability Due i- T11___ Regular pay 66-2/3% of base pay up to a maximum benefit of $1,500 monthly None Days and months refer to calendar days and months. Plan integrated with Workmen's Compensation, Social Security and other non -private program benefits to which entitled. Disability is defined as the inability to perform all of the duties of regular occupation during two (2) years and thereafter the inability to engage in any employment or occupation for which he is fitted by reason of education,. traini-ng or experience. Rehabilitation benefits are provided in the event the individual, due to disability, must engage in other occupation. Plan will provide 66-2/3% of, difference between regular pay and pay of other occupation. Survivors' benefit continues plan payment for three (3) months beyond death. ARTICLE VIII RETIREMENT The CITY will provide, for all employees represented by the ASSOCIATION whose retirement is effective or whose death occurs after July 1, 1978, Public Employees Retirement System retirement benefits computed by utilizing the two percent (2%) at age fifty (50) formula commonly referred to .es the California Highway Patrol Retirement Plan. ARTICLE IX EDUCATIONAL INCENTIVE PLAN The existing Marine Safety Officers' Education Incentive Plan shall be maintained as follows: 0 -5- n Education Maximum Continuing Education Incentive College Training Years of College Units Monthly Level Units Points Service Required Annually Amount 1 30 10 1 6 $ 50 2 60 20 2 3 75 3 90 30 2 3 100 4 120 3 3 150 5 150 4 0 150 STIPULATIONS: 1. College major shall be Marine Science, Police Science, Business Administration, Oceanography, Fire Science. 2. Intitial eligibility must be approved by the Director of Community Services. An acceptable yearly performance evaluation, signed by the Director of Community Services is required. No incentive pay taken away without just cause. 3. Training points approved by the Director may be substituted for college units, on the following schedule: 10 of 30; 20 Of 60; 30 of 90. Each twenty hours completed of .approved seminars, institutes, etc., are credited with one training point. 4. Pay to be effective on the first. of each month following approval. 5. After 120 units or B.A., approved training points may be substituted for college units without limit. 6. Repeat college course credited as determined by the college. 7. Repeat approved seminars, institutes, etc., credited .as determined by the Director of Community Services. 8. All college units require grade -of "C" or better to qualify. 9. Obtaining transcripts or other acceptable documentation is each employee's responsibility. 0 10V 10. Employee may choose between approved training points or college units where a choice is available. No change allowed once choice is made, no double credit allowed. ARTICLE X SICK LEAVE As of July 31, 1974, all sick. leave accumulation was frozen for purposes of payoff upon termination and no additional time will be accumulated. Salary continuation for approved. sick leave is covered under Article VII above. ARTICLE XI FAMILY ILLNESS LEAVE Sick leave may be used for an absence due to illness of the employee's spouse or child when the employee's presence is required at home, provided that such absences shall be limited to five (5) days per calendar year. ARTICLE XII BEREAVEMENT LEAVE Employees shall be entitled to Bereavement Leave not to exceed three (3) working days per calendar year in instance of death in the immediate family. Immediate family is defined as father, mother, sister, brother, spouse, children, stepfather, stepmother, stepsisters, stepbrothers, mother-in-law, father-in-law or stepchildren. ARTICLE XIII VACATIONS Anniversary Date: For the. purpose of computing vacation, an. employee's anniversary date shall be the most recent, date on which he commenced full-time, city employment. Annual Vacation: The purpose of annual vacation is to provide a rest period which will enable each employee to return to work physically and mentally refreshed. All employees shall be entitled to annual vacation with pay EXCEPT the following: f -7 - o (a) Employees who have not completed six (6) months continuous service with the CITY. (b) Employees who work less than full-time. (c) Employees on leave of absence. Vacation Allowance: Permanent employees in CITY service, having an average work week of forty (40) hours, shall accrue annual vacations with pay in accordance with the following: (a) For the first four (4) years. of continuous service vacation time will be accrued at the rate of 112 hours per year. (b) After four (4) years of continuous service to the completion of nine (9) years of continuous service, vacation time will be accrued at the rate of 136 hours per year. (c) After nine (9) years of continuous service to the completion of fourteen (14) years of continuous service, vacation time will be accrued at the rate of 160 hours per year. (d)_ After fourteen (14) years, of continuous service, vacation time. will be accrued at the rate of 192 hours per year. No vacation may be taken until the completion of six (6) months of service. Permanent, part-time employees assigned a work schedule of less than 2,080 and more than 1,040 hours per year shall receive vacation in one-half the amounts set forth above. Vacation - When Taken: No employee shall be permitted to take a vacation in excess of actual time earned and vacation shall not be accrued in excess of 320 hours. x Vacations shall be taken only with permission of the department 'head; however,. the department head shall schedule all vacations with due consideration for the wish of the employee and particular regard for the need of the department. -8 - Terminal Vacation Pay: No employee shall be paid for unused vacation other than upon termination of employment at which time such terminating employee shall receive compensation at his current salary rate for all unused, earned vacation to which he is entitled up to and including the effective date of his termination. Receipt of Vacation Pay: Upon two week written notification to the Finance Director, each employee shall be entitled to receive his earned vacation pay, less deductions, in advance, prior to his regular scheduled annual vacation. Such advancements are limited to one during each employee's anniversary year. Pay in Lieu of Vacation: An employee may elect to take up to 80 hours of pay for accrued vacation in lieu of time off. It is the intent of the parties that employees will take vacation during the fiscal year. ARTICLE XIV HOLIDAYS Employees represented by the ASSOCIATION and actively employed by the CITY, in addition to regular compensation, shall receive each month, pay for one twelfth of the total holiday hours earned for the year based on eight (8) hours per holiday, 72 hours per year. They shall be entitled to an additional eight (8) hours of pay at their regular rate for special holidays observed by the CITY beyond those identified in the Personnel Rules of the CITY. ARTICLE XV UNIFORMS The CITY shall continue the existing practice of providing and replacing uniforms and safety equipment. .% ARTICLE XVI EXCHANGE OF SCHEDULE The Department shall allow employees to exchange work schedules and shifts among those of equal rank and ability, providing prior approval is obtained from the Department Director and the payback of the shift exchange is completed within sixty (60) s calendar days. -9 - ARTI("LE XVII MANAGEMENT RIGHTS Except as expressly abridged or modified herein, the Director of Community Services retains all rights, powers and authority with respect to the management and direction of the performance of marine safety services and the work forces performing such services, provided that nothing herein shall change the CITY's obligation to meet and confer as to the effects of any such management decision upon wages, hours and terms and conditions of employment or be construed as granting the Director or the CITY the right to make unilateral changes in wages, hours, and terms and conditions of employment. Such rights include, but are not limited to, consideration of the merits, necessity, level or organization of CITY services, including establishing manning requirements, overtime assignments, number and location of work stations, nature of work to be performed, contracting for any work or operation, reasonable employee performance standards, including reasonable work and safety rules and regulations in order to maintain the efficiency and economy desirable for the performance of CITY services. The parties understand that the Personnel Rules are in the process of revision and agree to meet and confer on such revisions during the term of this agreement when requested by City. ARTICLE XVIII PHYSICAL EXAMINATIONS The City agrees to pay for physical examinations authorized by the Department Head, with the understanding that results thereof may be utilized for corrective action and the determination of the employee's continued ability to perform duties of the position. A copy of the physical examination shall be provided to the employee upon his re que st. ARTICLE XIX TERMS OF MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding shall be in effect for a term commencing on October 1,1980 and ending at midnight on October 9,1981. No further improvements or changes in the salaries and monetary benefits of the employees , -10- '- represented by the ASSOCIATION shall take effect during the term of this Agreement and the ASSOCIATION expressly waives any right to request any improvements or changes in salaries or monetary benefits for the employees represented by the ASSOCIATION which would take effect prior to October 9, 1981, and the City of Huntington Beach, through its representatives, shall not be required to meet and confer as to any such request. ARTICLE XX CITY COUNCIL APPROVAL It is the understanding of the CITY and the ASSOCIATION. that this Memorandum of Agreement is of 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 Agreement this 20 day of October, 1980. DATED: ZOAZI , 1980 APPROVED AS TO FORM: GAIL HUTT , City Attor B y 9�u�t 'Morney City of Huntington Bea6P CITY OF HUNTINGTON BEACH City Administrator BYQf.�;''t' Director of Personnelland Labor Relations MARINE SAFETY OFFICERS' ASSOCIATION B kn By LL e By -11- h . No. 4930 SPATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: G1TY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, 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 more than a majority of all the members of said City Council at a regular meeting thereof held on the 20th day of October 19 80 by the following vote: AYES: Councilmen: Thomas, Finley, Bailey, MacAllister, Mandic, Kelly NOES: Councilmen: None ABSENT: Councilmen: Pattinson . City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California it 1 I I I j RESOLUTION NO. 4758 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING A MEMORANDUM OF AGREEMENT WITH THE HUNTINGTON BEACH MARINE SAFETY OFFICERS' ASSOCIATION M The,.C'ity Council of the City of Huntington Beach does r , resolve. as follows: j The`Memorandum of Agreement between the City of Huntington Beach and the Huntington Beach Marine Safety Officers' Associa- tion, effective October 6, 1978, a copy of which is attached hereto and by reference made a part hereof, is hereby approved j and ordered implemented in accordance with the terms and i conditions thereof. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 21st day ;of May, 1979 i I I Mayor ATTEST APPROVED AS TO FORM: i fi11Cl�li� . City Clerk Cit ttorney j BY.: Putt i INITIATED ND APPROV D: ;REVIE D AND APPROVED: zi Cr Administrator Personnel and I' Labor Relations :ps 5/2/79 I 4 MEMORANDUM 'OF' AGREEMENT BETWEEN HE CITY OF HUNTINGTON BEACH, CALIFORNIA (Herinafter called CITY) _ AND MARINE SAFETY OFFICERS' ASSOCIATION (Hereinafter called ASSOCIATION) PREAMBLE WHEREAS, pursuant to California law, the CITY, acting by and- through its designated representatives, duly - appointed by the governing body of said CITY, and the representatives of the ASSOCIATION, a duly recognized employee association, have met and conferred -.In good. faith. and. have fully -communicated and exchanged information - concerriing-wages; hours and other terms and conditions of. employment. WHEREAS; except as otherwise expressly provided herein, all terms. and conditions ' of" ' this agreement shall apply to all employees represented by the ASSOCIATION; and WHEREAS," Ahe- representatives of the CITY and the ASSOCIATION desire to reduce -their .agreements to: Writing, NOW, THEREFORE, this Memorandum of Agreement is made, to become effective October--6, 1978,and it is agreed as follows: ARTICLE I REPRESENTATIONAL UNIT It is recognized: that. the Marine Safety Officers' Association' is the employee organization which, has the right to meet and confer in good faith with the CITY on behalf, of the. employees of the Huntington Beach Harbors, Beaches, Recreation and Parks Department within the -following classification titles: Marine Safety Lieutenant Marine Safety Boat Operator Marine Safety Sergeant Marine Safety Officer. -1- s ARTICLE II EXISTING CONDITIONS OF EMPLOYMENT Except as expressly provided herein; the adoption of this Memorandum of Agreement shall not change existing terms and conditions of employment which have :P been established In prior Memorandum of Agreement between CITY and the ASSOCIATION. ARTICLE III SALARY SCHEDULES 1. Commencing with the first payroll period In October 1978 and continuing through July 6, 19799 the CITY will pick up a portion of each employee's contribution to the Public Employee's Retirement System for that period of time. Said pickup shall be in the ratio. of 5/9 of the employees retirement contribution and shall be payable as soon as practical after approval of this agreement by the City Council to those employees on the payroll as of that time. Effective July 7, 1979, the City shall pick up an additional 219 of the employees retlrement contribution .for a total of 7/9 pick up through October 5, 1979..On tha'date of October 6, 1979 the reimbursement of employee contributions to the Public Employees retirement system shall cease. 2. Effective July 7, 1979 the salary ranges for represented classifications shall be as follows: Effective October 6, 1978 "A" Step MONTHLY SALARY Hrly. Rate Job No. Title Range A B C D E 4532. Marine Sfty Offic 547 1137 1198 1265 1335 1411 6.56 4534 Mar Safty Off Bt 550 1234 1300 1373 1448 1531 7.12 2560 MarineSaftey Sgt 552 1299 1374 1452 1533 1619 7.49 1560 Marine Sfty Lieut 556 1452 1533 1619 1112 .1808 8.38 -2- a Job No. Title 4532 Marine Sfty Offic 4534 Mar Safty Off. Bt 2560 Marine Saftey Sgt 1560 Marine Sfty Lieut Effective October 6, 1979 "A" Step MONTHLY SALARY Hrly. Rate Range A B C D E 249 1309 1380 1456 1536 1621 7.55 263 1406 1484 1565 1652 1742 8.11 277 1505 1588 1674 1766 1863 8.68 299 1683 1775 1872 1974 2083 9.71 Search and Rescue Team Pay $50.00 per month Marine Safety Officer Summer Supervisory $50.00 per month Pay ARTICLE IV SALARY DIFFERENTIALS A. Employees assigned to duty on the Search and Rescue Team shall receive $50 per month in addition to their applicable salary. B. Marine Safety Officers assigned to summer supervision duty shall receive $50 per month in. addition to their applicable salary. C. Each Marine Safety Officer assigned `to duty as Boat Operator for six months shall receive pay as outlined in Article III, ARTICLE V OVERTIME AND STANDBY. PAY A. Employees shall receive time and one half their salary rate for all time worked in excess of forty (40) hours during any given payroll week. Employees may elect to receive compensatory, time off (to be accrued to a maximum of 1..20 hours) in lieu of such overtime pay. B. Standby Time: Employees required to be on standby for a court appearance during other than their scheduled working hours shall receive a minimum of two (2) hours -3- E I 1. straight time pay (including the differentials identified In Article IV) for both morning and afternoon court sessions. C.' Court Appearance Time: Employees, required to appear in court during other than their scheduled working hours shall receive a minimum of three (3) 'hours pay (including the differentials Identified In Article IV) at time and one half. ARTICLE VI INSURANCE A. The CITY shall continue to provide group medical insurance to all employees with benefits comparable to those presently in effect. B. Upon the completion of three (3) years of service, employees shall have their group insurance premiums for dependent medical coverage paid by the CITY. C. . Effective July 1, 1975, employees who have been placed on industrial disability retirement subsequent to January 31, 1974 shall be eligible to continue to participate in the existing group medical insurance plan at their own cost. Participation shall cease upon the earliest of the following: (1) the expiration of three (3) calendar years following, the, date of, the industrial disability retirement, or (2) the retiree obtaining eligibility for coverage under a comparable medical plan. Retirees who cease to participate may exercise any conversion privileges then in existence. D. Employees shall continue to be covered by dental plan benefits equal to those currently being provided by the CITY. Effective January 1, 1977, employees and dependents shall be covered under a dental plan comparable to that provided for employees under Resolution 4300, based upon a super composite rate to be obtained by the CITY; provided, however, in the event said super composite rate results in an increase in. premium in excess of $10.00 per month per employee, the amount of said excess shall be deducted from the monthly salary rates for each classification provided for'in Article III. r ARTICLE VII INCOME PROTECTION PLAN The existing. long-term disability program provided employees by the CITY shall remain In effect. This program provides, for each Incident,. pay up to sixty (60) calendar days at the employee's salary rate (excluding overtime but including any special pay In effect at the time of illness or injury). After the sixty (60) calendar day period, the employee will be covered by an insurance plan paid for by the CITY which will provide 66-2/3 percent of the employee's salary rate -(excluding overtime and any special pay) up to a maximum of $10500 a month in accordance with the following: Disability Due - Disability Due to.Accident to Illness First 60 days Regular pay Regular pay Next 24 months 66-2/3% of base pay 66-2/3% of base pay up- to a maximum up to a maximum benefit of $1,500 benefit of $1,500 monthly monthly To age 65 - 66-2/3% up to None maximum benefit of $1,500 monthly ,:pays and months refer to calendar days. and months. Plan integrated with Workmen's Compensation, Social Security and other non -private program benefits to which entitled. Disability defined as. the inability to perform all of the duties of regular occupation during two (2) years- and thereafter the inability to engage in any employment or occupation foc which he is fitted by reason of education, training or experience. Rehabilitation benefits are provided in the event the individual, due to disability, . must engage in other occupation. Plan will provide 66-2/3% of difference between regular pay and pay of other occupation. -5- Survivors' benefit continues plan payment for three (3) months beyond death. ARTICLE VIII RETIREMENT The CITY will provide, for all employees represented by the ASSOCIATION whose retirement is effective or whose death occurs after July 1, 19780 Public Employees Retirement System retirement benefits computed by utilizing the two percent (2%) at age fifty (50) formula commonly referred to as the California Highway Patrol Retirement Plan. ARTICLE IX EDUCATIONAL INCENTIVE PLAN The existing Marine Safety Officers' Education Incentive Plan shall be maintained as follows: Education ' Maximum Continuing Education Incentive College Training Years of College Units Monthly Level Units Points Service Required Annually Amount 1 30 16 6 50 2 60 20 2 3 75 3 90 30 2 3 100 4 120 3 3 150 5 150 4 0 150 STIPULATIONS: 1. College major shall be Marine Science, Police Science, Business Administration, Oceanography, Fire Science. 2. Intitial eligibility must be approved by the Director of Harbors, Beaches, Recreation' and Parks. An acceptable yearly performance evaluation, signed by the Director of Harbors, Beaches, Recreation and Parks is required. No incentive taken away without just cause. -6- w ,e 3. Training points approved by the Director may be substituted for college units, on the following schedule: 10 of 30; 20 Of 60; 30 of 90. Each twenty hours completed of approved seminars, institutes, etc., are credited with one training point. 4. Pay to be effective on the first of each month following approval. .5. After .120 units or B.A., approved training points may be substituted for college. units without limit. 6. Repeat college course credited as determined by the college. 7. Repeat approved seminars, Institutes, etc., credited as determined by the Director of Harbors, Beaches, Recreation and Parks. B. All college units require grade of "C".or better to qualify. 9. Obtaining transcripts or other acceptable documentation is each employee's responsibility. 10. Employee may choose between approved training points .or college units where a :choice is available. No change. allowed once choice is made, no double credit allowed. ARTICLE X - SICK LEAVE As of. July 31., 1974, all sick leave accumulation was frozen for purposes of payoff upon termination and; no ,additional time will be accumulated. Salary continuation for approved sick- leave. is covered under Article VII above. ARTICLE XI FAMILY ILLNESS LEAVE Sick leaye may be used for an. absence due to illness of the employee's spouse or child when the employee's presence is required at home, provided that such absences shall be limited to -five (5) days per calendar year. -7- s w ARTICLE XII BEREAVEMENT LEAVE Employees shall be entitled to Bereavement Leave not to exceed three (3) working days per calendar year in instance of death in the immediate family. Immediate family is defined as father, mother, sister, brother, spouse, children, stepfather, stepmother, stepsisters, stepbrothers, mother-in-law, father-in-law or stepchildren. ARTICLE XIII VACATIONS Anniversary Date: For the purpose of computing vacation, an employee's anniversary date shall be the most recent date on which he commenced full-time, city employment. Annual Vacation: The purpose of annual vacation is to provide a rest period which will enable each employee to return to work physically and mentally refreshed. All employees shall be entitled to annual vacation with pay EXCEPT the following: ..,(a) Employees who have not completed six (6) months continuous service with the CITY. (b) Employees who work less then full-time. (c) Employees on leave of absence. Vacation Allowance: Permanent employees in CITY service, having an average work week of forty (40) hours, shall accrue annual vacations with pay in accordance with the following: (a) For the first five (5) years of continuous service vacation time will be accrued at the rate of 96 hours per year. (b) After five (5) years of continuous service to the completion of ten (10) years of continuous service, vacation time will be accrued at the rate of 112 hours per year. -8- (c) After ten (10) years of continuous service to the completion of fifteen (15) years of continuous service, vacation time will be accrued at the rate of 128 hours per year. (d) After fifteen (15) years of continuous service, vacation -time will be accrued at the rate of 160 hours per year. No vacation may- be taken until the . completion of six (6) months of service. Permanent, part-time employees assigned a work schedule of less than 2,080 and more than:1,040 hours per year shall receive vacation in one-half the amounts set forth above. Vacation - When Taken: No employee shall be permitted to take a vacation in excess of actual time earned and vacation shall not .be accrued in excess of 320 hours. Vacations shall be taken only with permission of the department head; however, the department head .shall schedule all vacations with due consideration for the wish of the employee and particular regard for the need of- the department. Terminal Vacation Pay: No amp oyee shall be paid for unused vacation other than upon termination of employment at which time such terminating employee shall receive compensation at his current salary rate for all unused, earned vacation to which he is entitled up to and including the effective date of his termination .. Receipt of Vacation Pay: Upon two week written notification to the Finance Director, each employee shall be entitled to receive his earned vacation pay, less. deductions, in advance, prior to his regular scheduled annual vacation. Such advancements are limited to one during each employee's anniversary year. ARTICLE XIV HOLIDAYS Employees represented by the ASSOCIATION and actively employed by the CITY, in addition to regular compensation, shall receive each month, pay for one twelfth of -9- the total holiday hours earned for the year based on eight (8) hours per holiday. They shall be entitled to an additional eight (8) hours of pay at their regular rate for special holidays observed by the CITY beyond those identified in the Personnel Rules of the CITY. ARTICLE XV UNIFORMS The CITY shall continue the existing practice of providing and replacing uniforms and safety equipment. ARTICLE XVI EXCHANGE OF SCHEDULE The Department shall allow employees to exchange work schedules and shifts among those of equal rank and ability, providing prior approval is obtained from the Department' Director and the payback of the shift exchange is completed within sixty (60) calendar days. ARTICLE XVII MANAGEMENT RIGHTS Except as expressly abridged or modified herein, the Director of Harbors, Beaches, Recreation and Parks retains all rights, powers and authority with respect to the management and direction of the performance of marine safety services and the work forces performing such services, provided that nothing herein shall change the CITY's obligation to meet and confer as to the effects of any such management decision upon wages, hours and terms and conditions of employment or be construed as granting the Director or the CITY the right to make unilateral changes in wages, hours, and terms and conditions of employment. Such ruts include,. but are not limited to, consideration of the merits, necessity, level or organization of CITY services, including establishing manning requirements, overtime assignments, number and location of work stations, -10- nature of work to be performed, contracting for any work or operation, reasonable employee performance standards, including reasonable work and safety rules and regulations in order to maintain the efficiency and economy desirable for the performance of CITY services. ARTICLE XVIII PHYSICAL EXAMINATIONS The City agrees to pay for physical examinations authorized by the Department Head, with the understanding that results thereof may be utilized for corrective action and the determination. of the employee's continued ability to perform duties of the position. ARTICLE XIX TERMS OF MEMORANDUM OF AGREEMENT This Memorandum of Agreement shall be in effect for a term of twenty-four (24) months, commencing on October 1, 1978 and ending at midnight on October 1, 1980. No further improvements or changes in the salaries and monetary benefits of the employees represented by the ASSOCIATION shall take effect during the term of this Agreement and the ASSOCIATION expressly waives any right to request any improvements or changes in salaries or monetary benefits for the employees represented by the ASSOCIATION which would take effect prior to October 1, 1980, and the City of Huntington Beach, through its representatives, shall not be required to meet and confer as to any such request. -11- t ARTICLE XX CITY COUNCIL APPROVAL It is the undees'tanding of the CITY and the ASSOCIATION that this Memorandum of Agreement is of 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 9T Agreement this day of May, 1979. DATED: 4� 1979 APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH BY Z5k� eJ-;00�� 5Pm nistrator BY ut�al U-W Director of Personn—e-FI5-M Labor Relations MARINE SAFETY OFF�CF S° AS CIATIO B ` 1=d�- By By -12- No. , 4758 sun OF CALIFORNIA ) COUNTY OF•ORANGE CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, 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 more than a majority of all the members of said City Council at a regular meeting thereof held on the tint day of May , 19 79 , by the following vote: AYES: Councilmen: Pattinson, 7homas, Mandic, MacAllister, Bailey, Yoder, Finley NOES: Councilmen: None ABSENT: Councilmen: None AUCIA M. WENYWORTH City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY Deputy �1 a2 / s A/RK Y7TC�� J�Gdi+t. City of Huntington Beach P.O. 90x ISO CALIFORNIA 92548. PERSONNEL DEPARTMENT Q V ` 1 December 15, 1976 Honorable Mayor and City Council Members. Attn: Floyd G. Belsito City Administrator Subject: Marine Safety Officers' Association Memorandum of Agreement Attached is a copy of Resolution No. 4392 approving and adopting the Association Memorandum of Agreement. This reflects the s'ettlement.approved by C,ity.Council in previous,Executive:Session. The Memorandum has been approved and signed by the City .and the Association. The Memorandum is in effect fora period of twenty- seven months, from.July 1, 1976 through September;30, 1978 and includes the settlement shown on the attached sheet entitled MSOA Proposal, dated 11-8-76. Mr. Counter has reviewed and approved the Memorandum. RECOMMENDATION: and adopt. EHT : j c Read by title, waive further reading Respectfully Submitted, Edward H. Thompso Director of Personnel and Labor Relations cc: J. Nicholas Counter III RESOLUTION NO. 4592 A RESOLUTION.OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING A MEMORANDUM OF AGREEMENT WITH THE HUNTINGTON BEACH MARINE SAFETY OFFICERS' ASSOCIATION The Huntington Beach City Council does hereby resolve as follows: The Memorandum of Agreement between the City of Huntington Beach and the Huntington Beach Marine Safety Officers' Associa- tion effective July 1, 1976, a copy of which is attached hereto and by reference made a part hereof,'is hereby adopted and ordered implemented in accordance with,the terms and conditions thereof. PASSED AND ADOPTED by the Huntington Beach City Council at a regular meeting thereof held on the 20t ay, of December, 1976. ATTEST: Mayor Pro Tempore City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: . Nicholas Counter. III (Labor Relations Counsel Y-Y A ministrator APPROVED BY INITIATING DEPARTMENT.- Dir. Personnel/La or Relations Z " MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH, CALIFORNIA (Hereinafter called CITY) AND MARINE SAFETY OFFICERS ASSOCIATION (Hereinafter called ASSOCIATION) PREAMBLE WHEREAS,pursuant to California law, the City, acting by. and through its designated representatives, duly appointed by the governing body of said City, and the representatives of the Association, a duly recognized employee association, have met and conferred in good faith and have fully communicated and exchanged information.concerning wages, hours and other terms and conditions of employment. WHEREAS, except as otherwise expressly provided herein, all terms and conditions of this agreement shall apply to all employees represented by the Association; and WHEREAS, the representatives of the City and the Association desire to reduce their agreements to writing, NOW, THEREFORE,, this Memorandum of Agreement_is made, to become effective July 1, 1976, and it is agreed as follows: ARTICLE I REPRESENTATIONAL UNIT I.t is recognized that the Marine Safety Officers Association is the employee organization which has the right to meet and confer in good faith with the City on behalf of the employees of the Huntington Beach Harbors and Beaches Department within the following calssification titles: _1_ Marine Safety Lieutenant Marine Safety Boat Operator Marine Safety Sergeant Marine Safety Officer ARTICLE II EXISTING CONDITIONS OF EMPLOYMENT Except as expressly provided herein, the adoption of this Memorandum of AGreement shall not change existing terms and conditions.of employment which have been established in prior Memorandum of Agreement between City and the Association. ARTICLE III SALARY SCHEDULES Effective July 1, 1976 MONTHLY SALARY Title Range A B C D E Marine Sfty Offic 547 1063 1120 1182 1.248 1319 Marine Safety Sgt 552 12.14 1.284 1357 1433 1513 Marine Sfty Lieut 556 1357 1433 1513 1600 1690 Effective July 1, 1977 MONTHLY SALARY Title Range A B C D E Marine Sfty Offic._ 547 1137 1198 1265 1335 1411 Marine Safety Sgt 552 1299 1374 1452 1533 1619 Marine Sfty Lieut 556 1452 1533 1619 1712 1808 ARTICLE IV SALARY DIFFERENTIALS .A. Employees assigned to duty on the. Search and Rescue Team shall receive $50 per month in addition to their applicable salary. B. Marine Safety Officers assigned to summer supervision -2- duty shall receive $50 per month in addition to their applicable salary. C. Each Marine Safety Officer assigned -to duty as Boat Operator for six months shall receive a differential of . 8.50% over the salary rate of Marine Safety Officer for the period of time so assigned. ARTICLE, V OVERTIME AND STAND BY PAY A. Employees shall receive time and one half their salary rate for all time worked in excess. of forty (40). hours during any given payroll week. Employees may elect to receive compensa- tory time off (to be accrued to a maximum of 120 hours) in lieu of such overtime pay. B. Stand ByTi-me: Employees required to be on stand by for a court appearance during other than their schedule,d workin,g hours shall receive a minimum of two (2) hours straight time pay (including the.,differentials identified in Article IV) for both morning and afternoon court sessions. C. Court Appearance Time: Employees required to appear in court during other than their scheduled working hours shall receive a minimum of three (3) hours pay (including the differen- tials identified in Article !.V) at time and one half... ARTICLE VI INSURAN*CE A. The City shall conti-nue to provide group medical insurance to all employees with benefits comparable to those presently in effect. B. Upon the completion of three (3) years of service, empl'oyees,shall have their group insurance premiums emiums for dependent medical coverage paid by the City. -3- C. Effective July 1, 1975, employees who have been placed on industrial disability retirement subsequent to January 31, 1974 shall be eligible to continue to participate in the existing group medical insurance plan at their own cost. Participation shall cease upon the earliest of the following: (1) the expiration of three (3) calendar years following the date of the industrial disability retirement, or (2) the retiree obtaining eligibility for coverage under a comparable medical plan. Retirees who cease to participate may exercise any con- version privileges then in.existence.. D. Employees.shall continue to be covered by dental plan. benefits equal to those currently being provided by the City. Effective January 1, 1977, employees and dependents shall be covered under a dental plan comparable to that provided for. employees under Resolution 4300, based upon a super composite rate to be obtained by the City; provided, however, in the event said super composite rate results in an increase in premium in excess of $10.06 per month per employee, the amount of said excess shall be deducted from the monthly salary rates for each classi- fication provided for in Article III. ARTICLE VII INCOME PROTECTION PLAN The existing long -tern disability program provided employees by the City shall, remain in effect. This program provides, for each incident, pay up to sixty (60) calendar days at the employee's salary rate (excluding overtime but including any special pay in effect at the time of illness or injury). After the sixty (60) calendar day period, the employee will be covered by an insurance plan paid for by the City which will provide 66-2/3 percent of the employees's salary rate (excluding overtime and any special -4- pay) up to a following: cimum of $1,500 a month it ccordance with the First 60 days Next 24 months Disability Due to Accident Regular pay 66-2/3% of base pay up to a maximum benefit of $1,500 monthly To age 65 66-2/3% up to maximum benefit of $1,500 monthly Disability Due to Illness Regular Pay 66-2/3% of base pay up to maximum benefit of $1,500 monthly None Days and months refer to calendar days and months. Plan integrated with Workmen's Compensation, Social Secur- ity and other non-private.program benefits to which entitled. Disability defined as the inability to perform all of the duties of regular occupation during two (2) years and thereafter the inability to engage in any employment or occupation for which he is fitted .y reason of education, training or experience. Rehabilitation benefits are provided in the event the indi- vidual, due to disability, must engage in other occupation. Plan will provide 66-2/3% 'of difference between regular pay and pay of other occupation. Survivors' benefit continues plan payment.for three (3) months beyond death. ARTICLE VIII RETIREMENT The City will provide, for all employees represented by the Association whose retirement is effective or.whose death occurs after July 1, 1978, Public Employees Retirement System retirement -5- benefits computed by utilizing the two percent at age fifty formula commonly referred to as the California Highway Patrol Retirement Plan. ARTICLE IX EDUCATIONAL INCENTIVE PLAN The existing Marine Safety Officers' Education Incentive Plan shall be maintained as follows: EDUCATION MAXIMUM CONTINUING EDUCATION INCENTIVE COLLEGE TRAINING YEARS OF COLLEGE UNITS MONTHLY LEVEL UNITS .POINTS SERVICE REQUIRED ANNUALLY AMOUNT 1 30 10 1 6 $ 50 2 60 20 2 3 75 3 90 30 2 3 100 4 120 3 3 150 5 150 4 0 150 STIPULATIONS: 1. College major shall be Marine Science, Police Science, Business Administration, Oceanography, Fire. Science. 2. Initial eligibility must be approved by the.Directo'r of Harbors and Beaches. An acceptable yearly performance evaluation, signed by the Director of Harbors and Beaches, is.required. No incentive taken away without just cause. 3. Training points approved by the Director may be substituted for college units,.on the following schedule: 10 of 30; 20 of 60; 30 of 90. Each twenty hours completed of approved seminars, institutes, etc. are credited with one training point. 4. Pay to be effective on the first of each month following approval. 5. After 120 units or B.A, approved training points may be substituted for college units without limit. M 6. Repeat college course credited as determined by the college. 7. Repeat approved seminars, institutes, etc. credited as determined by the Director of Harbors and Beaches. 8. All college units require grade of "C" or better to qualify. 9. Obtaining transcripts or other acceptable documentation is each employee's responsibility. 10. Employee may choose between approved training points or college units where a choice is abailable. No change allowed once choice is made, no double credit allowed. ARTICLE X SICK LEAVE As of July 31, 1974, all sick leave accumulation was frozen for purposes of payoff upon termination and no additional time will be accumulated.. Salarycontinuation for approved sick leave is covered under Article*VII above. ARTICLE XI FAMILY ILLNESS LEAVE Sick leave. may be used for.an absence due to illness of the employee's spouse or child when the employee's presence is required at home, provided that such absences shall be limited to five (5) days per calendar year. ARTICLE XII BEREAVEMENT LEAVE Employees shall be entitled to Bereavement Leave not to exceed three (3).working days per calendar year in.instance of death in the immediate family. Immediate family is defined as father, mother, sister, brother, spouse, children, stepfather, stepmother, stepsisters, stepbrothers, mother-in-law, father --in-law, or stepchildren. -7 ARTICLE XIII VACATIONS Anniversary Date: For the purpose.of computing,vacation, an employee's anniversary date shall be the most recent date on which he commenced full-time, City employment. Annual Vacation: The purpose of annual vacation is to pro -- vide a rest period which will enable each employee to return to work physically and mentally refreshed. All employees shall be entitled to annual vacation with pay EXCEPT the following: (a) Employees who have not completed six (6) months con- tinuouse service with the City. (b) Employees who work .less than full-time. (c) Employees on leave of 'absence.' Vacation Allowance.: Permanent employees in City service, having an average work week of forty.(40) hours, shall accrue annual vacations with pay in accordance with the following: (a) For the first five (5) years of continuous service vacation time will be accrued at -the rate of 96 hours.per year. (b) After five (5) years of continuous service to the completion of ten (10) years of continuous service, vacation time will be accrued,at the rate of 11.2 hours per year. (c) After ten (10) years of continuous service to the com- pletion of fifteen (15) years of continuous service, vacation time will be accrued at the rate of 128 hours per year. (d) After fifteen (15) years of continuous,service, vacation time will be accrued at the rate.of 160:hours per year. No vacation may be taken until the completion of .six (6)` months of service. Permanent, part-time employees assigned a work schedule of less than 2,080 and more than 1,040 hours per 0 10 year shall receive vacation in one-half the amounts set forth above. Vacation - When Taken: No employee shall be permitted to take a vacation in excess of actual time earned and vacation shall not be accrued in excess of 320 hours. Vacations shall be taken only with permission of the department head; however, the depart- ment head shall schedule all vacations with due consideration for the wish of the employee and particular regard for the need of the department. Terminal Vacation Pay: No employee shall be paid for unused vacation other than upon t ermination of employment at which.time such terminating employee shall receive compensation at his cur- rent salary rate for all unused, earned vacation to which.he is entitled up to and including the effective date of his termination. Receipt of Vacation Pay: Upon two.week written notification to the Finance Director, each employee shall be entitled to re- ceive his earned vacation pay, less deductions, in advance, prior to his regular scheduled annual vacation. Such advancements are limited to one during each employee's.an'niversary year. ARTICLE XIV HOLIDAYS Employees represented by the Association and actively employed by the City, in addition to regular compensation, shall receive each month, pay for one twelfth of the total holiday hours earned for the year based on eight (8) hours per holiday. They shall be entitled to an additional eight (8) hours of pay at their regular rate for special holidays observed by the City beyond those identified in the Personnel Rules of the City. ARTICLE XV UNIFORMS The City shall continue the existing practice of providing, and replacing uniforms and safety equipment. -9- ARTICLE XVI EXCHANGE OF SCHEDULE The Department shall allow employees to exchange work schedules and shifts among those of equal rank and ability, providing prior approval is obtained from the Department Direc- tor and the payback of the shift exchange is completed within sixty (60) calendar days. ARTICLE XVII MANAGEMENT RIGHTS Except as expressly abridged or modified herein, the Director of Harbors and Beaches retains all rights, powers. and authority with respect to the management and direction of the performance of marine safety services and the work forces performing such services, provided that nothing herein shall change the City's obligation to meet and confer as to the effects of any such management decision upon wages, hours and terms and conditions of employment or be construed as granting the Director or the City the right to make unilateral changes in wages, hours, and terms and. conditions of employment. Such rights include, but are not limited to, consideration of the merits, necessity, level or organization of City services, including establishing manning requirements, overtime assign- ments, number and location of work stations, nature of work to be performed, contracting for any.work or operation, reasonable employee performance standards, including reasonable work and safety rules and regulations in order to maintain the efficiency and economy desirable for the performance of City services. ARTICLE XVIII TERMS OF MEMORANDUM OF AGREEMENT This Memorandum of Agreement shall be in effect for a term -10- of twenty-seven months, commencing on July 1, 1976, and ending at midnight on September 36, 1978. No further improvements or changes,in the salaries and monetary benefits of the employees represented by the Association shall take effect during the term of this Agreement and the Association expressly waives any right to request any improvements or changes in salaries or monetary benefits for the employees represented by the Association which would take effect prior to October 1, 1978, and the City of Hunt- ington Beach, through its representatives, shall not be required to meet and confer as to any such request. ARTICLE XIX. CITY COUNCIL APPROVAL It is the understanding of the City and the Association that this Memorandum of Agreement is of 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 Agreement this 20th day of December, 1976. 1ATED: Jz 1976 APPROVED AS TO FORM: J Nich las Counter III or Relations Counsel CITY OF HUNTINGTON BEACH' By Labor Relations MARINE SAFETY OFFICERS' ASSOCIATION By ..i By By -11- CITY OF HUNTINGTON BEACH PERSONNEL DEPARTMENT MSOA PROPOSAL 7-1-76 Salary increase 7 1-1-77 Dependent dental to $10/mo max 1-1-77 Boat Operator 8.S% differential instead of separate class. 2 boat operators paid 6 mos. each. 1-1-77 Shift trade included in Memorandum 7-I-77 Salary increase 7% 9-30-78 Contract termination $8,600 7.00o $ 360 .. 4 % $8,960 7.4% $9,200. 7.0% (12 mos. cost) $9,200 7.0% 11.-8-76 Res, No. 4392 STATE' OF CALIFORNIA ) COUNTY OF ORANGE CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, 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 more than a majority of all the members of said City Council at a regular meeting thereof held on the 20th day of December 19 76 by the following voter AYES: Councilmen: Bartlett, Pattihson, Coen, Gibbs, Siebert, Shenkman NOES: Councilmen: None ABSENT: Councilmen: Wieder City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California We CITY OF HUNTINGTON BEACH CA 7 5 - 77 COUNCIL - ADMINISTRATOR COMMUNICATION HUNTINGTON BEACH To Honorable Mayor and From City Administrator City Council Members Subject PERS CONTRACT MODIFICATIONS- Date December 3, 1975 POLICE & MARINE SAFETY EMPLOYEES We are attaching the modifications to our PERS contract which will implement the "one year final compensation formula" to the retirement plans covering the Marine Safety Officers and the Police Officers' Association. The City Council authorized this benefit during negotiations in 1975. The Marine Safety Officers Resolution #4098, Article 8 and Police Officers Association Resolution #4097, Article 8, effective 7/1/75, are the memorandums of agreement committing the City to this course of action. RECOMMENDATION Adopt Resolution of Intention to -AL ve an Amendment to Co Between the Board of Administration of�the u l T=p ees . ent System an t e t council oflie C o`'untingtonw Respectfully submitted, J avid Rowlands City Administrator 1M Attachment e- G,5 �a RESOLUTION NO. 4098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVED AND IMPLEMENTING A MEMORANDUM OF AGREEMENT WITH THE HUNTINGTON BEACH MARINE SAFETY OFFICERS' ASSOCIATION The City Council of the City of Huntington Beach hereby resolves as follows: The Memorandum of Agreement between the City of Huntington Beach and the Huntington Beach Marine Safety Officer's Associa- tion, dated July 1, 1975, a copy of which is attached hereto and by reference made a part hereof, is hereby adopted and ordered implemented in accordance with the terms and conditions thereof. PASSED AND.ADOPTED b,y.the City Council of the city of Huntington Beach at a regular meeting thereof held on the 7th day of July, 1975• ATTEST: �- �- ayor ity Clerk APPROVED AS TO CONTENT APPROVED AS TO FORM:.. City Administrator ity orn m /cs R No. 4098 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUM INGTON BEACH ) I, ALICIA M. WENTWORTH, 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 more than a majority of all the members of said City Council at a regular meeting thereof held on the 7th day of July 19 75 by the following vote: MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH, CALIFORNIA (Hereinafter called CITY) AND MARINE SAFETY OFFICERS ASSOCIATION (hereinafter called ASSOCIATION) PREAMBLE WHEREAS, pursuant to California law, the City; acting by and through its designated representatives, duly appointed by the governing body of said City, and the representatives of the. Association, a duly recognized employee association, have.met and conferred in good faith and have fully communicated and.. exchanged information concerning wages, hours and other terms and conditions of employment for the fiscal year 1975-1.976;.and WHEREAS, except as otherwise expressly.provided herein, all terms and conditions of this agreement shall apply to all employees represented by the Association; And WHEREAS, the representatives of the City.and the Association desire to reduce their agreements to writing, NOW, THEREFORE, this. Memorandum of Agreement is made, to become effective July 1,;1975, and it is'agreed as follows: ARTICLEI REPRESENTATIONAL UNIT I.t is.recognized that the Marine Safety Officers Association is the employee organization which.has the right to meet and con- fer in good faith with the City on behalf of the employees'of the MHM:er 1. f : 4-16 Huntington.Beach Harbors and Beaches Department within the following classification titles: Marine Safety Lieutenant Marine Safety Sergeant Marine Safety Boat Operator Marine Safety Officer ARTICLE II EXISTING CONDITIONS OF EMPLOYMENT Except as expressly provided herein, the adoption of this Memorandum of Agreement shall not change existing terms and conditions of employment established in prior Memorandum,of Agreement between City and the Association. ARTICLE III .SALARY SCHEDULES Effective July 1, 1975 Monthly Salary Rates Title Range A B C D E Marine Sfty. Off. 547 993 1047 ll05. 1166 1233:' Marine Sfty Bt Op 550 1075 1135 1200 1268 1339. Marine Sfty Sgt 552 1135 1200 1268 .1339 1414 Marine Sfty Lieut 556 1268 1389 1414 11495 579. ARTICLE IV SALARY DIFFERENTIALS A. Employees assigned to duty on the Search and`Rescue Team shall receive $50 per month in addition to their applicable salary. B. Marine Safety Officers assigned to.summer'supervision... duty shall receive $50 per month in addition to their applicable salary. ARTICLE V OVERTIME AND STAND BY PAY A. Employees shall receive time and one half their salary rate for all time worked in excess of forty C40) hours during 2. any given payroll week. Employees may elect to receive compensa- tory time off (to be accrued to a maximum of 120 hours.) in lieu of such overtime pay. B. Stand By Time: Employees required to be on stand by for a court appearance during other than their scheduled working hours shall receive a minimum of two (2) hours straight time pay (including the differentials identified in Article IV) for both morning and afternoon court sessions. C.. Court Appearance Time: Employees required to appear in court during other.than their scheduled working hours shall receive a minimum of three (3) hours pay (including the differentials �dentified in Article IV) at time and one half. ARTICLE VI INSURANCE A. The City shall continue to provide group medical insurance. to all employees with benefits comparable to those presently in effect. B. Upon the completion of three (3) years of service, employees shall have their group insurance premiums for dependent` medical coverage paid by the City. C. Effective July 1, 1975, employees who have been placed on industrial disability retirement subsequent to January 31,. 1974 shall be eligible to continue to participate in the existing group medical insurance plan at their own cost. Participation shall cease upon the earliest of the following: (l) the expira- tion of three (3.) calendar years following the date of the industrial disability retirement, or (2) the retiree obtaining eligibility for coverage under a comparable medical plan. Retirees who cease to participate may exercise any conversion privileges then in existence. D. Employees shall continue to be covered by dental plan. benefits equal to those currently being provided by the City. ARTICLE VII INCOME PROTECTION PLAN The existing long-term disability program provided employees, by the City shall.remain in effect. This program provides, for each incident, pay up to sixty (60) calendar days at the employee's- 3. salary rate (excluding overtime but including any special pay in effect at the.time of illness or injury)., After.the sixty (60) calendar day period, the employee will be covered by an insurance plan paid for by the City which will provide 66 -2/3 percent of the employee's salary rate (excluding overtime and any special pay) UP to a maximum of $1,500 a month in accordance with the following: Disability Due Disability Due. to Accident to Illness First 60 days Regular Pay Regular Pay Next 24 months 66-2/3% of base pay 66-2/3%,of base pay up to maximum benefit up to maximum of $1,500 monthly benefit of $1,500 monthly To age 65 66-2/3% up to maximum None benefit of $1,500 monthly Days and months refer to calendar days and months. - Plan integrated with Workmen's Compensation; Social Security and other non -private program benefits to which -entitled. Disability defined as the inability to perform ai.l of the duties of regular occupation during two (2) years and.thereafter.the inability to engage in any employment or occupation for which he is fitted by reason of education, training or experience. Rehabilitation benefits are provided in the event the individual, due to disability, must engage in other. occupation.' Plan.wll provide 66-2/3% of difference between regular pay and pay of other occupation. Survivors' benefit continues plan payment for three C,3 montha. beyond death. 4. ARTICLE VIII RETIREMENT A. The City shall amend and modify its contract with the Public Employees Retirement System so that computation of retirement benefits will be on the basis.of the highest single year earnings for employees represented by the Association who retire effective January 1, 1976 or who die after that date. B. The City will provide, for all employees represented by the Association whose retirement is effective or whose death occurs after July 1, 1978, Public Employees'Retireme-nt System retirement benefits computed by utilizing the two percent at age fifty formula commonly referred to as the California Highway Patrol Retirement Plan. ARTICLE Im EDUCATIONAL INCENTIVE PLAN The existing Marine Safety Officers' Education Incentive. Plan shall be maintained as follows: EDUCATION MAXIMUM CONTINUING EDUCATION INCENTIVE COLLEGE TRAINING YEARS OF COLLEGE UNITS MONTHLY LEVEL UNITS POINTS SERVICE REQUIRED ANNUALLY AMOUNT 1 30 10 1 6 $ 50 2 60 20 2 3 75 3 90 30 2 3 100 4 120 .3 3 150 5 150 4 0 150 STIPULATIONS: 1. College major shall be, Marine Science, Police Science, Business. Administration, Oceanography, Fire.Science. 2. Initial eligibility must -be approved,by the Dirrector.of Harbors and Beaches. An acceptable yearly`performance evaluation, signed by the,Director of Harbors and.Beaches, is required. No incentive taken away without just cause.' 3. Training points approved by the Director may be substituted for college units, on the following schedule: 10 of 30; 20 of 60; 30 of 90. Each twenty.hours completed of approved. seminars, institutes, etc. are.credited with one training. point. 5. 4. Pay to be effective on the first of each month following approval. 5. After 120 units or B.A. approved training points may be substituted for college urlits without limit. 6. Repeat college course credited as determined by the college. 7. Repeat approved seminars, institutes, etc. credited as deter- mined by the Director of Harbors and Beaches. 8. All college units require grade of "C" or better to qualify. 9. Obtaining transcripts or other acceptable documentation is each employee's responsibility. 10. Employee may choose between approved training points or college units where a choice is availbale. No change allowed once choice is made, no double credit allowed. ARTICLE X SICK LEAVE As of July 31, 1974, all sick leave accumulation was.frozen for purposes of payoff upon termination and no additional time will be accumulated. Salary continuation for approved sick leave is covered under Article VII above. ARTICLE XI FAMILY ILLNESS LEAVE Sick leave may be used for an absence due to illness of the employee's spouse or child when the employee's presence is required' at home, provided that such absences shall be limited to five (5). days per calendar year. ARTICLE XII BEREAVEMENT LEAVE Employees shall be entitled to Bereavement Leave not to exceed three (3) working days per calendar year in instance of 'death in the immediate family. Immediate.family is defined as father, mother sister, brother, spouse, children, stepfather, stepmother; step- sisters, stepbrothers, mother-in-law,.father-in-law, or step- children. 6. ARTICLE XIII VACATIONS Anniversary Date: For the purpose of computing vacation, an employee's anniversary date shall be the most recent date on which he commenced full-time, City employment. Annual Vacation: The purpose of annual vacation is to provide a rest period which will enable each employee to return to work physically and mentally refreshed. All employees shall be entitled to annual vacation with pay EXCEPT the following: (a) Employees who have not completed six (6) months'continu- ous service with the City. (b) Employees who work less than full-time. (c) Employees on leave of absence. Vacation Allowance: Permanent employees in City.service having an average work week of forty (40) hours, shall accrue annual vacations with pay in accordance with the following: (a) For the first five (5) years of continuous service vacation time will be accrued at the rate of 96 hours per yearn. (b) After five (5) years of continuous service to. the com- pletion of ten (10) years of continuous service vacation time will be accrued at the rate of 112 hours per year. (c) After ten (10) years of continuous service to the com- .pletion of fifteen (15) years of continuous service vacation time, will be accrued at the rate of 128 hours per year. (d) After fifteen (15) years of continuous service vacation time will be accrued at the rate of 160 hours per year.. No vacation may be taken until the completion of -six (6) months of service. Permanent, part-time employees assigned a work schedule of less than 2,080 and more than 1,040 hours per year shall receive vacation in one-half.the amounts set forth above. Vacation - When Taken: No employee shall be permitted to take a vacation in excess of actual time earned and vacation shall not be.accrued in excess of 320 hours. Vacations shall he.taken only with permission of the department head; however, the department head shall schedule all vacations with due consideration. for the wish of the employee and particular regard for the need of the department. 7• Terminal Vacation Pay: No employee shall be paid for unused vacation other than upon termination of employment at which time such terminating employee shall receive compensation at his current salary rate for all unused, earned vacation to which he is entitled up to and including the effective date of his termination. Receipt of Vacation Pay: Upon two week written notification to the Finance Director, each employee shall be entitled to receive his earned vacation pay, iess'deductions, in advance, prior to his regular scheduled annual vacation. Such advancements are limited to one during each employee's anniversary year. ARTICLE XIV HOLIDAYS Employees represented by the Association and actively employed. by the City, in addition to regular compensation, shall receive each month, pay for one twelfth of the total holiday hours earned for the year based on eight (.8) hours per holiday. They shall be entitled to an additional eight (8) hours of pay at their -regular rate for special holidays observed by the City beyond those identified in the Personnel Rules of the City.. ARTICLE XV UNIFORMS The City shall continue the existing practice of.providing and replacing uniforms and safety.equipment. ARTICLE XVI GRIEVANCE PROCEDURE The existing grievance procedures, will be maintained.s The City and the Association shall meet and confer, at the earliest opportunity to explore the possibility of effecting mutually acceptable improvements to the said procedures,. 8. ARTICLE XVII TERM OF MEMORANDUM OF AGREEMENT This Memorandum of Agreement shall be in effect for a term of one (1) year commencing on July 1, 1975 and ending at mid- night on June 30, 1976. ARTICLE XVIII CITY COUNCIL APPROVAL It is the understanding of the City and the Association that this Memorandum of Agreement is of 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 Agreement this__day of Jvi 1 1975.. ATTEST: C 'G1erk APPROVED AS TO CONTENT: City .Administrator 9• CITY OF HUNTINGTON BEACH /v M yor APPROVED AS TO FORM.: B �tc^s Deputy City Attorney. MARINE. SAFETY OFFLCERS.' ASSOCIATION B IC.t,4,J�►. Y V t� By [he foregoing instrument is a correct copy of the original on 'file in this office: Attest .._.... ...�..�1!- .... .. 19 ALIcm m. WENTWtTRT ------------------------- City Clerk '.and Ex-officio Clerk of the City Council of the City of Huntington Beach,Cal. a C 9AM 4m a uty:. Q �7 O L CITY OF HUNTINGTON BEACH CA 74 - 61 COUNCIL ADMINISTRATOR C MMUNICATION HUNTINGTON BEACH To Honorable Mayor and From City Administrator City Council Members Subject MARINE SAFETY .OFFICERS Date July 31, 1974 ASSOCIATION (MSOA) r (RESOLUTION NO. 3932) An agreement pending Council approval has been reached with the MSOA which covers the following: Dependent Group Insurance Provides for City paid premiums for dependent group insurance after three years of service. Sick Leave Eliminates any further accumulation of sick leave and buys off current sick leave above 480 accumulated hours on a partial percentage basis. Income Protection Plan In "Lieu of sick leave, provides income protection for authorized sick leave by providing salary continuation for 60 days after which employee is covered by a City paid insurance plan which provides 2/3 of salary up to a maximum of $1500 per month for a period of two years. Medical Insurance Group insurance carrier will be changed from Blue Cross to California Physicians Insurance Corporation and will include maternity coverage. Dental A City paid dental plan for employees will be implemented January 1, 19/5. With the exception of the dental plan which is already provided for the Memorandum of Agreement, the other sections are in implementation of Article III which provided for a study of sick leave and all areas of employee insurance. The sick leave buy off, income protection plan and group insurance are similar to those provided for the"Police-Officers Association earlier this year. The attached sheet summarizes costs of this Addendum to Memorandum of Agreement. Lim Marine Safety Officers CA 74-61 Assoc_ation (MSOA) -2- July 31, 1974 RECOMMENDATION That the City Council approve and adopt the attached Addendum to the Memorandum of Agreement between the City and the Marine Safety Officers Associationoand Resolution No. 3932. DDR:eh Attachment Respectfully submitted, 4�� Ar- ec'---� David D. Rowlands City Administrator V. CITY OF HUNTINGTON BEACH PERSONNEL DEPARTMENT July 17, 1974 MSOA COSTS OF ADDENDUM TO AGREEMENT One Time Onlv Costs Sick Leave Payoff 8-1-74 $3,500 7-1-75 $3,500 $7,000 Continued Costs 8-1-74 thru 7-1-75 Dep. Ins. 3 years service premiums * 0 Income Protection 60 days plus $1,400 2/3 for 2 years Medical Insurance Includes maternity -$ 900 $ 500 * Nexty.ear:'s cost approximately $3,000 MARINE SAFETY OFFICERS' ASSOCIATION Articles of Incorporation January, 1970 CITY OF HUNTINGTON BEACH PERSONNEL DEPARTMENT SURF LIFE SAVING ASSOCIATION NEGOTIATIONS - 1972 MINUTES June 7, 1972 8:00 A.M. Administrative Conference Room Present: SLSA: Mark Bodenbender, Walt Sawyer, and Bill Richardson City: Ed Thompson, Don Lewis, Vince Morehouse and David Rowlands The Surf Life Saving Association introduced a counter -proposal on the Dive Team reducing the present Team from ten to seven men and increasing monthly Dive pay to $50. After much Discussion and definition of duties, the City concurred with this counter -proposal. It is mutually agreed that the Dive Team for the City of Huntington Beach will be composed of seven men to be paid at $50 per month, or $350 per month for the total team. The SLSA also passed out a break down of differentials between ranks they had surveyed from surrounding and comperable jurisdictions. Much discussion ensued on this point and it was agreed that a survey would be completed with the Surf Life Saving Association and the Personnel Department concurrently reporting on or about February 1, 1973, results of such survey. If differential between ranks is out of line, adjustment will be made at that time in addition to the normal salary increase. No additional items were introduced by the Surf Life Association. The City then asked the Surf Life Wheather all other facets of the management offer were satisfactory. The Surf Life Saving Association said that with concurrence on the two items discussed in this meeting they were willing to recommend and sign a memorandum of agreement for a three-year proposal as outlined. Personnel Director would prepare a memorandum of understanding for signiature by officers of Surf Life Saving Association. Meeting adjourned. SUBMITTED BY:, a1d J.Elteyis, Asst. Persoufiel Director CITY OF HUNTINGTON BEACH PERSONNEL DEPARTMENT SURF LIFE SAVING ASSOCIATION NEGOTIATIONS - 1972 MINUTES May 26, 1972 9:30 A.M. Conference Room Present: SLSA: Mark Bodenbender, Bill Richardson, Walt Sawyer City: Ed Thompson, Don Lewis, Vince Moorhouse and Mr. Rowlands City passed out a three year proposal, dated May 23, 1972. Proposal commence in July 1972, 5% salary increase for three successive years and other fringe: benefits. City commented that with approximately 40% of personnel at E Step, that meant 60% of our employees were going to get an additional 5�% merit increase this year. To many Council members, this meant a 5'% merit plus 5% increase or 10�7. increase for the year. This built in $500,000 inflicts costs to salary budgets. If we raise salaries 5% on July 1, it means an additional $500,000 to the City budget. City also commented that economic conditions could go up or down but that 5% for the next three years seemed a consistent base for both the City and the employees. The City would be able to recommend additional increased benefits if movement throughout City governments exceeded 5% and revenues retained somewhat consistent with projection. SLSA then questioned the City sick leave -medical study proposal. They stipulated that sick leave was not a problem in the Department of Harbors and Beaches and that Department Administration was responsible for good sick leave usage. City also Stressed that LTD insurance was a basic part of the proposal. At present 452 employees out of 730 carry this program. This program is designed to safe- guard employees against ill effects from long term disability or illness. SLSA questioned incentive benefits of new program versus the present one. SLSA also raised questions about City Administrator's budget message. The City Administrator clarified the point he made,in said message,which only questioned the lack of County and State support for beaches administered by the City. The City reiterated that if termination of sick leave benefits were uniform for all, then the joint study council (management and all associations) would be able to devise an acceptable plan. The Joint Study Committee would report, by January 1973, after reviewing all possible plans and contingencies for implementation. Prior to said implementation, agreement would be reached with all associations and the City staff. -1- v ti SLSA then wanted to rE.Lew list of proposals. 1. Underwater Dive Team. Proposal for fourteen men at $25.00 was rejected by City. Present plan of ten men at $25.00 will be maintained. 2. Vacation and Sick Leave. City and SLSA will be involved in joint study of all sick leave and insurance benefits. Assurance was given to SLSA that all benefits would be uniform throughout the City. 3. Overtime. Time and one-half is not presently acceptable to the City due to budget constraints. 4. Life Insurance. Presently a part of the joint study proposal. 5. Salaries and Wages. 5% per year for the next three years is acceptable. The City also will study range differential between Lifeguard officers and evaluate the merits of any adjustment in this area. Assurance was also given to SLSA that adjustments will be handled uniformly throughout the City for all associations® 6. Classification Study. This study will be conducted by Personnel Department as per our agreement labeling duties and responsibilities as they exist in the SLSA. 7. CHP Retirement. This proposal will be resisted by the City until the State provides funding. 8. Reclassification to Marine Safety Officer. This item is agreed to by the City with the stipulation that, for future classification and salary survey purposes, this job title will be compared to with permanent Lifeguard classification. 9. Uniforms: Joint agreement on this issue for Department administration of uniform benefit. Details to be worked out between SLSA and Department Director. 10. Longevity. ,City is adamantly opposed to longevity pay. 11. Holiday Compensation. This clause must be administered uniformly throughout safety services. There will be no change. 12. Towel Service. City and SLSA were unable to agree on this item. There will be no change in present policy. 13. Educational Incentive. After much discussion, it was agreed that there would be no change in the present educational incentive policy for members of the SLSA. The Personnel Director will prepare a Memorandum of Agreement annotating the previous issues discussed and will request SLSA review, at future meeting next week. Meeting adjourned. SUBMITTED BY: G / r Donald J. L is, Asst. Personnel Director _2_ V CITY OF HUNTINGTON BEACH PERSONNEL DEPARTMENT, SURF LIFE SAVING NEGOTIATIONS 1972 May 16, 1972 Administrative Annex 9:30 A.M. Present: SLSA: Mark Bodenbender, Bill Richardson, Walt Sawyer City: Mr. Rowlands, Vince Moorhouse, Ed Thompson, Don Lewis This was second meeting of 1972 negotiations. 1. Underwater Rescue Team. SLSA submitted records indicating that during last year they had spent 78 more hours diving and 528 man hours training at no cost to the City. Could have cost City $12,000,if paid only actual cost, $6,000. SLSA passed out information regarding various diving compensation conditions for Unions and City divers in Los Angeles. Diving is dangerous but necessary since the main tourist attraction in the City is the ocean. City asked if all 14 men were needed as divers. Mr. Moorhouse said we need a dive team, that it performs a necessary function, but believes 10 men is satisfactory. SLSA stated that Police motorcycle and helicopter personnel draw hazard pay higher than our present $25. Diving is just as dangerous at shallow depths (10') as deeper dives. Last year, average of one diver death per week. City said it will continue present $25 for 10 men. Will consider additional money and leave open for recommendation. 2. Vacation and Sick Leave. City evaluation of this plan would add 110 days sick leave over a 25 year employee work life. City proposed a joint study on sick leave - insurance program which would end accumulation of sick leave but would provide broader benefits for long term emergencies. It would aid in controlling sick leave abuse and would involve City paid long term disability and medical insurance. This study would require four to five months to complete as well as extensive cost benefit analysis. SLSA liked the incentive portion of present plan with paid dependent coverage and pay off upon retirement. City said that trade offs could be worked out to provide more benefits for more employees. SLSA said if proposal is inadequate, they desire the same sick Leave benefits as the MEO. The City answered that they will try to negotiate adjustment in MEO sick leave benefits to provide uniformity among all employees. 3. Overtime Pay. City indicated that survey has proved straight time was consistent among public agencies. Harbors and Beaches uses little overtime. City indicated time and one half would have to be uniform throughout the City and costs are prohibitive. City Administration will establish uniform overtime policy throughout the City to insure there is no discrimination among employees of different departments. -1- SLSA Negotiations contin, 4. Life Insurance. SLSA proposes City pay dependent coverage and any double indem- nity be picked up by employee. Estimate $10 to $15 per month per employee. City using averages,estimates cost could be $11.44 per month per employee. Could cost City $1009000 annually. City believes costs are prohibitive. 5. Salaries. City proposed 4.5% increase in salaries and benefits. What would SLSA prefer? SLSA said it depends on response of City to proposals. SLSA proposed parity with Police ranks, not on Police Officer level, but rather on differentials between ranks of sergeants, lieutenants and captains. SLSA handed out parity schedule showing proposed differential adjustments. SLSA asks adjust- ments to differentials similar to Police rank structure. City said it is important to have guidelines for setting rank differential. City will consider this new proposal. SLSA stressed the high standards of Harbors s Beaches Department, believed quality of guards merited top pay and consideration. Also was questioning temporariness of job as alluded to by City in prior meeting. There are some who desire permanent work in this field and occasionally guards over 40 are active on the beach. City responded that it was aware of the per- manence of the Lifeguard service, however felt most guards are younger men for only temporary periods of time. Not all guards intend to become permenent. 6. CHP Retirement. City is opposed unless funds provided by State. City opposes all State mandated programs unless funding is provided. 7. Reclassification to title "Marine Safety Officer". City agreed that this change might be appropriate and would apply only to permanent (15) guard personnel. Also in final memorandum, it would be stipulated that, for future classification and salary survey purposes, this job title would only be compared with permanent Lifeguard classifications. 8. Uniforms. SLSA maintains City should pick up entire cost of uniforms required for employment. Newport Beach does not have an upper limit on uniform allowance, San Clemente $160, etc. City responded that not all elements of clothing should be covered in uniform allowance, ie. socks, etc. City rpoposed Department admin- ister uniform allowance rather than pay to guards. SLSA agreed and would meet with Director to work out policy. 9. Longevity. City is adamantly opposed to longevity pay. 10. Holiday Compensation. City maintained all employees were compensated for the same number of holidays, either by time off or compensation. -2- a SLSA Negotiations conti,, d. 11. Towel Service. City and SLSA agreed to table this item. 12. Educational Incentive. Possibly no change on this item. SLSA did indicate they would forego the present education plan, which only has three of the mem- bers enrolled for a tuition reimbursement program, if City and SLSA could agree to other proposed adjustments. 13. Other items. SLSA asked for uniformity of benefits, ie. bereavement time and sick leave usage for MEO contains provisions regarding step relatives. Other employees have no provision of this nature. City agreed that benefits of this nature should be uniform and will attempt to rectify the situation. City proposed the Personnel Director prepare a draft memorandum of understanding prior to next meeting. SLSA had doubts that issues were resolved to that extent, however agreed to consider such a document due to the time element and budget constraints. Meeting adjourned,on call through Personnel Director. SUBMITTED BY: Donald J Lewis Assist . -At Personnel Director To Doyle Miller, Administrator Date April 1, 1971 From Edward H. Thompson, Personnel Officer In Re Employee Organizations Subject: Surf Life Saving Association request for recognition. I understand the Surf Life Saving Association has now applied to City Council for formal or official recognition as a recognizedEmployee Organization in accordance with the terms of Resolutionand they request recognition for the purpose of presenting inemployee nl�% relations matters the classifications of Lifeguard, Boat Operator, Lifeguard Sergeant, and Lifeguard Lieutenant.aA review of their petition and request seems to indicate that it IIis in order and in accordance with the terms of Resolution 2468 and I I would recommend that the Council rant the requested recognition g 9 g for the four above named classifications as there appears to be no !: reason why such recognition should be withheld. Coupled with the recognition that I would expect to be granted the Management Employees' Organization at the April 5, Council meeting, the recognition previously granted to the Huntington Beach Police Officers' Association, the Huntington Beach Firemen's Association, the Huntington Beach Municipal Employees' Association, the re- commended granting of recognition to the Surf Life Saving Association will raise the total number of employee organations granted official recognition by the City to five (5) in number. If would appear, however, that all the recognition that has been granted to date for these various five (5) organizations is in order and well within the spirit and letter of the Meyers-Milias- Brown Act. Edward H. Thompson Personnel Officer The City Attorney has approved this as to form. Our contract labor relations counsel is in agreement that this is proper. The Personnel Director and the City Administrator recommend that this a sociation be officially recognized by minute action of the City Council. Brander D. Castle Assistant Administrator BDC:bwo 0urf Life Saving association of 4merica. INTERNATIONALLY AFFILIATED WITH AUSTRALIA SOUTH AMERICA SOUTH AFRICA GREAT BRITAIN CEYLON FRANCE HAWAII TASMANIA NEW ZEALAND Huntington Beach t P.O. BOX 242 HUNTINGTON BEACH, CALIFORNIA 92 March 24, 1971 Honorable Mayor Donald D. Shipley Members of City Council ter �� ONE (714) 536-2581 City Hall Huntington Beach California 1971 PP. 31 Wit 10 1 1 F Honorable Mayor and Members of Council: i May this letter serve as an official request by the Huntington Beach Surf Life Saving Association, P. 0. Box 242, Huntington Beach, California 92648, to become a recognized Employee Organization. The Huntington Beach Surf Life Saving Asso- ciation is affiliated with the National Surf Life Saving Association of America and the International Surf Life Saving Association whose membership includes the countries of Australia, New Zealand, Great Britain, Ceylon, South America, France, South Africa, England and Canada. RECESSED,- Ci rY CLERK CITY PF H'UNTI`GTCH 3tAC 1, National Surf Life Saving Association Headquarters Post Office 366 Huntington Beach, California International Surf Life Saving Association Headquarters "Surf House" 62 Buckingham Street Sydney, Australia Executive Board of the Huntington Beach Surf Life Saving Association: President..........................Douglas D'Arnall Vice President .....................James McKay Secretary..........................Randall Condict Treasurer..........................Melvin M. Bowman Sergeant at Arms...................William Richardson Advisory Board of the Huntington Beach Surf Life Saving Association: Raymond Bray Vernon Fotheringham Douglas Kirk March 24, 1971 Honorable Mayor Page 2 and Members of Council This organization designates Mr. William Richardson and Mr. Mark Bodenbender, P. 0. Box 242, Huntington Beach, California 92648, as it's representatives in any communication with the City Council. Persons designated to receive notices for this organization are as follows: Mark Bodenbender P. 0. Box 242 Huntington Beach, California 92648 Randall Condict P. 0. Box 242 Huntington Beach, California 92648 William Richardson P. 0. Box 242 Huntington Beach, California 92648 The Huntington Beach Surf Life Saving Association is incorporated with the State of California and is classified under 501 (C) 4 as a non-profit organi- zation. One of the primary purposes of said organization is to represent its' members in. employee - employer relations with the City. We recognize that the employees of the City of Huntington Beach and any agency of this body is the governing body and have no rights pursuant to Section 923 of the State Labor Code. We further state that our organization has no restriction on membership based on race, color, creed or national origin. This organization acknowledges Resolution 2468 of the City of Huntington Beach, and agrees to abide by said resolution and any amendments thereto. This organization includes employees of the City of Huntington Beach. Said employees have designated this organization as their representative. A list of said members is attached hereto. We, Douglas D'Arnall and Randall Condict, have read the foregoing petition and the accompanying documents that the same is true of our own knowledge except of therein stated upon information or belief and to those matters we believe it to be / e. ; Randall Condict Dougla D'Arnall r . March 24, 1971 Honorable Mayor and Member of Council Page 3 Thank you in advance for your kind consideration of this request. Respectfully, '�I) �p / e Douglas D'A nall, President Huntington Beach Chapter Surf Life Saving Association � 1 C Randall Condict Secretary We certify under penalty of perjury that the foregoing is true and correct. Executed on this 2 h day of arch, 1971, at Huntington Be ch, California. Z.c L Randall Condict Douglas D'Arnall DD:mz cc: Doyle Miller, City Administrative Officer Ed Thompson, Director of Personnel Department Don Bonfa, City Attorney Patrick Duffy, Attorney enclosures: By -Laws Articles of Incorporation Membership List „1! T 1,� CERTIFICATE OF A, F 1n 940 eoi%o QP-?ho S9.6 miery 0 0got. �p qd4q,@v,qja -,q -'11 RTICLES 0 F 111C( 1 n- A Z 0 1, C, MAWS P7F OF op THE 11Ui WPII-JG'J.'ON BZAC7;! SUIRF, L I FE S A V 11, 10' "'.3)SOCIAHON A DOUGLAS D!\RNALL and RA!,4'DY CCINIDIC'.1' certify: 1.- They are the president acid the secretary, respectively., of the Huntington Beach �Iurf Life SaVin,(N Association', a nonprofit California corporation. 2. At a riieeting of the board of directors of the corpo- ration, on Dece.riil)er 13 1970, the following'; resolution was adopted: "RESOLVED, that article-D ND of the Articles of Tneor .-ECO DO- , ration be amended to add the followin,,.,,: I(e) To represent the err.,,- loyees of the City of Hunt.ingtofi,' Beach Department of Harbors, and Beaches in their employer - employee relation. with the City Council of t Ih e City of Huntington Beach, California. RESOLVED FURTHER that said ameridnient io hereby adopted , and approved.” The member.; of the corporation have equal voting power. 58 members have consented in writing to the ad -option of the amendment,, and the worlinr.r. of the amencle'd article, as set `forth in the members' written consent is the s ame as that set forth in tiie directors' resolution in paratrraph 2 abov6.,. The number of members constituting a.quor.um Is ;48 Each of the undersigned declares under penalty of Perjury that the foregoing; is true and correct and that this Certificate of Amendment is executed on 2 2nd day of. January 1970 9 at --jHuntington 13each 9 California. .�-c -7z T-YeAO ----P-- 5ffUGL-M� NALL, resin ent 07 RANDY CONXCT Secretary 7- STATEWT OF THE ACTION OF CITY COUNCIL Council Chamber, City Hall Huntington Beach, California Monday, March 2, 1970 Mayor Green called the regular City Council of the City of Huntington o°clock P.N. Councilmen Preaent: Councilmn Absent: meeting of the Beach to order at 4:30 n, Matney, Coen, CONSENT CALER'10AR ITEMS APPROVED) Following the reading by title of Resolutions contained therein, on' motion by Bartlett, and carried unanimously, the following consent items were approved andadopted as recommended, by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney, Coen, Green NOES: Councilmen: None ABSENT: Councilmn: None 14. REGUEST - He B. sg'IREMAN°S BENEVOLENT ASSN. & H. B _ PEACE OFFICERS ASa Approved requests from the Huntington Beach Fireman°s Benevolent Associe ,tition and Huntington Beach Peace Officers Association for formal accept- ance as."Formally Recognized Employee Organizations11. �*k�,k-�-*,►_k****ir�}k** **fir**, � «. , , . ..o On motion b lartlett the regular meeting of the City Council of the City of Huntington Beach adjourned. at 12:30 A.M. to Ubnday, March 9, 1970 at 7:30 P.M. in the Council Chamber. Notion carried. Paul C. Jones City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST o ' Paul C. Tones city C%Grh STATE OF CALIFORZIA ) County of Orange ) so: City of Huntington beach ) N. John V.-V. Green Mayor I, PAUL Co ,OWES, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Statement of Action of the City Council of said City at their regular x2eting held on the 2nd. day of March WITNESS my band and zeal of the said City of Huntington Beech this the 12thdQy of March , 1 } City Clerk and -oj? Icio Clerk of the City Council of the City of Huntington Beach, C"PAUEzranio BY: Deputy s MEMORANDUM OF AGREEMENTS .Legend: MOSA Marine Officers Associations EMT Executive Management Team MEO Management Employees Organization POA Police Officers Association FA Firemens Association SLA Surf Lifesaving Association MEA Municipal Employees Association TEMP Temporary Employees NA Non -Associated Employees PMA Police Management Association ORD 1642 Personnel System 4/19/71 RES 3335 Employer -Employee Relations 6/1/71 RES NO ORGANIZATION DATE 3340 POA 7/26/71 3341 FA 7/26/71 3342 MEA 7/26/71 3343 SLA 7/26/71 3374 MEO 10/7/71 3507 MEO 6/19/72 3510 SLA 6/19/72 3516 FA 6/28/72 3517 POA 6/28/72, 3518 MEA 7/ 3/ 72 3848 POA (Addendum) 2/19/74 3983 FA (Settlement Agreement) 11/18/74 4097 POA 7/7/75 4109 MEO 7/21/75 4110 EMT 7/21/75 4111 NA 7/21/75 4149 FA 10/23/75 4200 MEA (75-76) 3/3/76 4300 POA (76-77) 8/2/76 4327 MEO 9/13/76 4332 MEA 9/20/76 4340 FA (76-77) 10/6/76 4352 NA 10/26/76 4392 MOSA (76-7.7) 12/20/76 4482 MEA 6/20/77 4483 NA 6/20/77 4518 MEA 9/6/77 4701 MEO 11/20/78 4702 NA 11/20/78 4731 FA (78) 3/19/79 4738 POA (78) 4/2/79 4758 MOSA (78) 5/21/79 Minute Action MEA (78) 4/16/79 4767 EMT (78) 6/18/79 4775 FA 7/16/79 4777 MEA 7/16/79 4788 NA 8/6/79 4910 FA 8/4/80 4911 MEA 8/4/80 4912 NA 8/4/80 4916 MEO 9/2/80 4925 POA 10/20/80 4930 MOSA 10/20/80 5026 NA 8/3/81 5027 MEO (81-82) 8/3/81 5033' MEP, 8/17/81 5045 MOSA 10/26/81 5046 FA 10/26/81 5047 POA 10/26/81 5202 FA 12/6/82 5292 MEO 8/22/83 5293 NA 8/1/83 5297 TEMP 8/1/83 5332 MEA (83-84) 12/5/83 5338 POA (83-85) 12/19/83 5344 FA 1/3/84 5348 MOSA 1/16/84 5412 TEMP 7/16/84 5424 MEO (84-86) 8/6/84 5445 NA 10/15/84 5455 MEA 10/15/84 5480 PMA 1/7/85 5542 MEA (85-87) 7/15/85 BY - LAW S' HJUNT"I1,WON DUCH SMF' WE SHTUXT ASSOCIATIOIN AIRTICLE i Section 1% 111-tis corpration shall consist of 100 miu-7ibers, imd Z01-i'Mitional members ac may be aleated by a,majority of the membera,. See"bion 2,., Each iiteriber shall -.be entitled to on-, -,,rcte. The FxTT'J-legrof hold -img office m-,d vot1mg Chall belong to fall menfoars. Section 3-. Merdbership is not trawferabla or assignable. Section 40 'in, Board of Directors may doetermine from timrs to time The �eamounfp tip and manner of pajr?iwat of initiation fee, if my,, and the aviownt, t4.rae and =nwr of paynznt of x-mival dues payable to the corporation by wirbers of each Class. ARTICILI 1I Meeting of Members Section 1.® A3.1 meetings of the members &xcept as her ain otheritriae Tr�ovideG—sball be held as directed by the corporation or by the Board of Directors of said corwration. Section 2.- Each maniber sball be entitled to ona vote: The privilege of �holding office shall be ate nded to marabors who are per-manw.t. employees of the PjNmtington Beach Ufeguart Departmee.. Section 3: Notice of the annual meeting of nn-mbers shall be given in writing to rawbers entitled to vote, by the Secretary (or assistant Secretary} by aone-ing a copy of the notice through tbe nmil, charges - prepaid, to the address of each such der as the same appears on the records of the corporation; or as supplied by a meirber :Corr the purpose of notice, not less than 15 days before such meeting. is Aden`< ; oa by the foard of Directors or by any o- or! yore menbQrs thereof, jbe . i "fi r'° s and in geeneral tAMS`':�` p . Sees, hem P_of shall mailed hSec to each me nVer _ 'rote at his e s g as,the same appyArs oA tWipcprds o ' I ye-? Corporation, ox as supplied the member for'the'pupylse of ';kec aukon .">b When all the mambars ; za o M;-xovex ;. Mt Ant+',. eM"x T hawever coiled W noticed, and sign a written Cyalat Marl ta, or Whenthe a0mbers present; and the members nqt-Pkesent at written conse= t is made a part of - e" rc u¢ c r e=,in the, r " .jngs had at such meeting are valiji Arrelpechk of the manner in which the mei s n . is palled, or t)e,plac-:411 where it is nald. i c t i ah At any ee Via' g of the membA s s :1 majori �_:: �� ea .:.a _ _ s1aa.l. .s. Cnnstituto a .¢un x'"a3w to transact .... _'n_ .:a.. np...o :;cIOU U regular or am! Led. of _ he k x> adjourn gram day to day, or from time to time, githant furybez iinig�eting of the members. way adjourn from QV I-,; d1k; or from timyto timg, without further notice, if for avo reason there be not pplent a quorum to transact btsittesi, in ixerson or by being r �Y; rd HI for �the journal or the c oad`' "a s xo_" _ e<'`bir - - and when quorum shall atleado-any business }, A 0031 ,,. ` 4, .,. t - .,w a t .. 1 een i I % .�=n ` the W"%F'ii bt aura .4p)r. ` is ,,, k c r,._ i`, x, - -�. "�.., ,'& .,=a'�.�.'�s z , -fix,- , �. .� _ . _ '�' . � �. ' r , rs €F toe absence...4 t- - Frogident A _. viza.proAldeb, Vim: Nr. elected- by Shall,hail i_.._ i I Section 10-. The of the corporetion shall act as the all -neetIngs of tlhem emibern, n1d in US absanc y Ce the presiding, officer iray appoint any persan U© act as Sect tarn ll: ML the rzq-rular raeating of all the members held fr-the —moRth of Jimep the merlieris- wtitled to vote shall elect by ballol', a Board of Directors an constituted by those By--Iaws, and the Articles of IneoyWratdon of this cwqporation. Section 122 All proxies rmev be in writing, axecuted by the mem- bers rh-WiFelviau., or by thoir duly -authorized ani -,,At?st be filed TAth the Secretary of the cc�poration at or Wore thin ineet-ing of the menbers. AUNI'M III Dirae-&ors Section 1-. 'file corpor�xLe Powers, bu-siness., and affairs of the � W, - corpoRUL�n shall be wmorcis�id, conduct -ad .9 and cvrledl trolby a Board of Directors, not lose than two-thirds of sho shall be members of the corpox-Rtion. Section 2s &ch director shall hold office until his succassor ih"—allhYv-j been elected air d qualifiod.. Saction-3-- kiy vac cy ocem.riving in the office of by bason y reof death, reai&natlon, o.- other-Ase c-orcept vacancies caueed by tl-m removal of the Board of aractors pursuant to the provision of Section 310 of the Civil Code o2 the State of California, ohall be filled by an xppoi-ntee of the majority of the remaining directors, though less than -a quorun,, Such, dire -tor-, so appoizLed, shall hold office =til his saccessor is elected at the next annual meeting of t-b-i marlbers, or at any speacial meting duly called for that purpose prior thereto. When one or more of the directors small give notice of his or their resignation to the board, effective at a future date, the board shall have the power to fill such vacancy or vacancies to take effect whon such rasig;nations shall become effective. &.ch director so appoknited shall hold office diu�*Lng the remainder of the term of office of the resignftg director or directors, or until their saccass-ori are appointed and qua-1-1fied. -3- Section I-- ediately al.Fter the el"ect-ion of directors at ti7te meeting of -the zqe�:Anbars, the directors shall v2peet fa.r the P,"Pose of organiza_-Uon, -he e1Q.-tion of officers, -,,',-he -';Xansaction of othe:v business. Sq,ction 5 o A -'I measting U gs o-- the Board of Directors shall be -he from tiine to timie, by the board. Section 6: SrA,,cial meetings of the Board of Directctrs may be C'a—M-2- at any time on the order of the 1zesident O_r on the oKdar of two '2) or .11,OXe directors. Saction A 'majority 02 the 'tF71101S nu:,,:,2beY of directors shall canstitute a quormm !or the trnmsaction of business, and every act or decision of a majority of the directors present at a meeting at vglhAich a qx,,iorum is present, made or done t,,j.hen duly assembled, shall be valid as the act oXf the Board of Directors3 but a mzjority of those present all, the time and place of any stated or special meating, although less than a qtuorvm, Oay adjourn the Game fro -a vim-e -tto time, or f:,,:om) day to dayt, wi'ith- Ot"T-t further notice, until a quoy.ura- slhall attend, and whan a q--szorwm shall attend, any business my be transacted uhich might have beetv transs_,ctad at the meeting had the same. beera held on .the dk,:V o-xi 11iich t1he same zvas originally appointed 0.i: called,, Section 8: The Board of Dizactors shall have Zul-I power and authority to Tbc-,row money on behalf of the corporation, inclu- ding the power anid authority to borrotxi money from any of the members, directors or officers of the corporation, and to authorize the execution of promissory notes, or other evidences of indebtedness o:r- the corp6ration, .,aa--kd- t6 agree to pay in- terest there eon, to sell, ca:-,ivey, alienate, trahsfer, assign exchange, lease, and otherwise dispose of, mortgage, pledge, hypothecate, and othe:nnise encumber the property, real and parsonal, a -rid the fzanchises of- the corporation, to purchase, le.asep and otherwise acquire property, real and fiver so.-nal, on bahalf of the corpozation; and generally to do and perform, or cause to be done and performed, and every act which the corporation may lawfully do and pexform, providing said total indebtedness of the corporation does not exceed the sum of $5,000.00 Section 9: The directors of this corporation shall serve without �cOmpekilsation, except their actual expenses -4- Section 10-. The Board of Directors may appoLit an executive To—r�n—iitl;of such be -add, and may delegate to such cor7ridttea any of the powers and authority of the Board of Mrocluors, except the power to adopt, amend or repeal the By-lawa. Such ecocutive cormadttae shall be composed of merbers of t1a Board of Directors and 311-all act only in the intervals bo-twoen meetings of the Board of Directors, and shall be subject at all times to the control of the Board of Directors. Section Il,-. The Bopxd. of Dire-ebors shall have mnmry po-vur by voC9--(:;Y—'amaJority of its members to suspend., or to expel &nd ter- minate the membership or any member of the Board of Directors for conduct which Jz its opinion disturbs the order, dignity, busimess or harmony., or impairs the good name, popularity or prosperity of the organization,, or which is likely, in its opinion., to endanger the welfare, interest or character of the organization, or for any conduct in violation of these By-laws or of the mles and reg- ulatione of the corporation, T3hich may be mande from time to time. Such action by the Board of Directors may be tauten at my meeting of such board upon the initiative of any mer-ber or menbers of Bch board. The proceedings of the Board of Directors in such matters shall be final and conclusive. Section 12: The Board of Directors shiall"I hava sole power to appoint comnLi.tsea from time to tijrA. for any purpose they so desire. ARTI WE IV Officers Section 1: The executive officers of the corporation whall be a fFe—Od-ent, Vice -President, Secretary and Treasurer and an other officers as the Board of Directors may appoiryt. Section 2: All of the office ws of the corporation itill be elected by ballot by the Board of Directors. JUITLICIE V President Saction 13 T�4 president shall be the chief executive officer of the co I;Frl-ation, d he shall preside at all meetings of the members and of the Board of Directors. He shall have general charge of the businers of the corporation. He shall execute with the Secretary., in the novae of the corporation., all deeds, bonds, contracts, and other obligations and instruments authorized by the Board of Directors to be executed. Sep: t-%. u n "he Presid.crat s1l-,ia-11 also have sucj.s other porVeZS ard sh,-�.13. pren:Zorm) stach other duties as may be assignGd •to him by the Ooazd o.1 Dizectors AFMCLS VH Secretazy Sectio-n 1: The Secretary shall keep a full and ccaacplete. record of. the �_cedings of the Boa-rd o! Dire ctozs F,m.d of the mer-'atin-gs oi the members; shall 1 eep the seal of the corporat1on and affix the sam,B to sutch papers and instrwments as may ba required in the Zegulax course of business; shall make service o:r,-- such notices as mav be nez-)cessar,&13, or proper; shall supervise and con- trol the keeping of the booles and accaunts of the corporation; and shall discharge such other duties as pertain to the office ox as p7escr-Ibed by -the Beard of Directors.. Section 2g In case o_v: the absence or disabilitly of the Secre- tary, or his refusal or neglect to act, notices dlmty be given and served by the ox by the Vice- esident or by aray person authoxi2sid, by the President ax by the '�Tice-Presidie-.n.t, or by the Board (psi.Dire--tors. ARTICIZ 11111 Treasurer Section It The Treasurer shall receive and safely keep all IU��_ the corporation and deposit same in such bank or banks as may be designated by the Board ofDirectoxs. Such funds. shall be paid out only an the check of the corporation, signed as directed by the Board of Directors. ARTICLE IX `,'.eal Section 1: The Bo,--xrd of Directors shall provIde a suitable seal JI-Ox the corporation, TThich shall be circular in forM9 which will contain the following inscription. WM.. ARTICLE Yu Amenraii,ents Sect ion -l: POmendmientS of these By-cismay be any ' wfopased at. Pi- ating of the Boyd of Dixectors or of the cozporation. To becams efffec-,��.Lve they zacdive a majority vote of the Board of Directozs if proposed at a Directors a Ma-ating, or a- major-Ity of the members present and vo-161ing if pzoposed at a meeting of the xi.embere . The By -Laws mma-y be maended at any by the vn:ittan consent of a majority of the membegs, or ll-loan--d of D-irectoys. q, I, EDMUND G. BROWN JR., Secretary of State of the State of California, hereby certify: That the annexed transcript has been compared with the REcoRn on file in this office, of which it purports to be a copy, and that same is full, true and correct. IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this BEAK 9 iy79 Secretary of State SEC/STATE FORM CE-7 (REV. 1.7U 40421.002 11-70 OOM QQ 011P Mark Bodenbender Walter Sawyer William Richardson Randall Condict Lynn Lockyer James McKay Brian Gerold, Raymond Clever Tim Greaves Michael Mills Duane Olson Mike Phillips James Wallace Louis Zitnik HUNTINTON BEACH S.L.S.A. Membership List Lieutenant Lieutenant Sergeant Boat Operator Boat Operator Boat Operator Lifeguard Lifeguard Lifeguard Lifeguard Lifeguard Lifeguard Lifeguard Lifeguard All of the above members are employed by the City of Huntington Beach Department of Harbors and Beaches. j7la N DEPARTMENT OF STATE To all who're these presents shall come, Greetings: 1, FRANK M. JORDAN, Secretary of State of the State of California, hereby certify: That the annexed transcript has been compared with the RECORD on file in my office, of which it purports to be a copy, and that the same is full, true and correct. In testimony whereof, 1, FRANK M. JORDAN, E' Secretary of State, have hereunto caused the Great Seal of the State of Calif ornia to be affixed and my name subscribed, at the City of Sacramento, in the State of California, } this -- — MAR-6 _ 6 - --- ---- Secretary of State AtJtltlD AM" JUA ARTICLES OF INCORPORATION OF ENDORSE® THE HUNTINGTON BEACH SURF LIFE SAVING ASSOC iVI L E f the Secretory of gtv* of the State of California MAR 1 51965 KNOW ALL MEN BY THESE PRESENTS: MHX M. JORDAN, Secrets of Stan By DAMES E. HARRIS That we, the undersigned, being all citizens of the Deputy United States and residents of the State of California, do hereby voluntarily associate ourselves for the purpose of forming a non-profit corporation under the laws of the State of California, and we hereby certify: FIRST: The name of said corporation is: The Huntington Beach Surf Life Saving Association. SECOND: The purposes for which this corpora- tion is formed are as follows: (a) Specifically, to render service to the citizens of Orange County on the beaches within said county; (b) To work for the general better- ment of the community, state and nation and the general bet- terment of the members of this corporation and to aid wher- ever possible and in whatever way possible young people to the end that our nation, state and community may be bene- fited; (c) To buy, sell or lease real es- tate and hold title thereto, and to in all manner engage such business enterprises as may from time to time be deemed desirable, expedient or necessary in carrying out the pur - -1- .ray .... _ _, _. _ �___ __-- --- �►` �. - -...._ ....._ ....:,.._ � __ax on �pa7x poses, ideals and desire of .this corporation and the member- ship thereof; to provide a place for the membership to con- gregate and visit, holding meetings and to promote the so- cial, moral and physical welfare of its members and such friends and guests as it may be the policy of the membership to entertain; (d) To purchase, own, hypothecate and deal in, in every manner and form, both real and per- sonal property, for the benefit of said corporation and in order to carry into effect the principles and purposes herein mentioned. In addition to the foregoing, the general purposes for which said corporation is formed are to do anything and perform any act and exercise any right and any power which non-profit corporations now are or here- after may be permitted by law to do or perform or exercise for the purpose of accomplishing or futhering directly or indirectly any and all of the aforesaid specific and primary purposes. Said purposes do not contemplate the distribution of gains, profits or dividends to the members of this corporation, and this corporation is not organized, and shall not be operated for pecuniary gain or profit. The foregoing statement of purposes shall be construed as a statement of both purposes and powers, and the purposes and powers stated in each clause, except where otherwise ex- pressed, shall be regarded as independent purposes and posrc�s. THIRD: This corporation is organized pur- suant to the General Non -Profit Corporation Law of the State -2 - Adoo J A "Ax of California. FOURTH: The principal office for the tran- saction of business of this corporation shall be located in Orange County, California. FIFTH: The number of directors if three (3) and the names and addresses of the persons who are appointed to act as the first directors are: Vincent G. Moorhouse 730 14th St. Huntington Beach, Calif. Melvin M. Bowman 1701 Pine Huntington Beach, Calif. Douglas D'Arnall 8442 Santana Circle Huntington Beach, Calif. This number shall constitute the num- ber of directors until changed by an amendment of these Ar- ticles, either by a By -Law adopted by the members of this corporation or in accordance with the procedures defined by law. The number and tenure of office of the directors and the powers, duties and manner in which they shall be chosen shall be provided for in the By -Lays of this corporation. SIXTH: The name, number, qualification and method of election of officers and the qualifications of members, the different classes of memberships and the voting and other rights and privileges of members and classes of of members, and the provisions for fees of admission, if any, and for dues or assessments to be paid by the members or dif- ferent classes of members, and the methods of collection thereof, shall be as set forth in the By -Laws of this corpor- -3- b ii Aaii9 0e3%_ ation. SEVENTH: There shall be no capital stock of this corporation, nor dividends paid to the members or direc- tors thereof. Its property is irrevocably dedicated to char- itable purposes and upon the liquidation, dissolution or a- bandonment, the ownership will,not inure to the benefit of any private person, excepting a fund, foundation or corpora- tion organized and operated for religious, educational, sci- entific or charitable purposes. IN14ITNF-SS WHEREOF, we as the incorporators and first directors of said corporation have hereunto set our hands this STATE OF CALIFORNIA ) ss COUNTY OF ORANGE j On this 19th day of March, 19649 before me, a Notary Public, In and for said County and State, personally appeared, VINCENT G. MOORHOUSE,MELVIN M.BOWMAN and DOUGLAS D'ABNALL, known to me to be persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. FAL_..... A:O';, f PUBOC - CALIFORNIA ,. ✓! PR?NCIPAI OFFICE IN i ORANGE C.OVNTV ALI E M. HAMILTON, Notary Public -4- in and for Orange County, Calif. My commission expires 3-11-•67