HomeMy WebLinkAboutCity Council - 2022-30 RESOLUTION NO. 2022-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
APPROVING AND IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY AND THE SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION
(SCLEA) FOR JUNE 11, 2022 THROUGH JUNE 30, 2025
The City Council of the City of Huntington Beach does resolve as follows:
The Memorandum of Understanding between the City of Huntington Beach and the Surf
City Lifeguard Employees' Association (SCLEA), a copy of which is attached hereto as Exhibit
"A" and by reference made a part hereof, is hereby approved and ordered implemented in
accordance with the terms and conditions thereof; and the City Manager is authorized to execute
this Agreement. Such Memorandum of Understanding shall be effective for the term of June 11,
2022 through June 30, 2025.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 7�h day of June.
s
Mayor
REVIEWED AND APPROVED: APPROVED AS TO FORM:
City Manager it Attorney
INITIATED AND APPROVED:
)4j -, IICJ
Director of Administrative Services
MEMORANDUM OF UNDERSTANDING
BETWEEN
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION
AND
CITY OF HUNTINGTON BEACH
r
JUNE 113 2022 - JUNE 301 2025
SCLEA MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
ARTICLE I -TERM OF MOU 1
ARTICLE II - REPRESENTATION . 1
A. REPRESENTATION UNIT 1
B. EMPLOYEE AND UNION RIGHTS 1
ARTICLE III- PAYROLL DEDUCTION OF UNION DUES 2
ARTICLE 1V- UNIFORM ALLOWANCE 2
A. NEw HIRES 2
B. DAMAGED UNIFORM ARTICLES 2
C. RETURNING RECURRENT OCEAN LIFEGUARDS 2
D. SUNSCREEN AND LIP BALM 3
E. REPORTING OF UNIFORMS 3
ARTICLE V-PARKING PASSES 3
A. PARKING PASSES 3
B. PARKING PASS-BEFORE REQUALIFICATION 3
ARTICLE VI -ANNUAL RECURRENT OCEAN LIFEGUARD REQUALIFICATION _ 4
A. WORK AVAILABLE--RETURN TO ACTIVE EMPLOYMENT 4
ARTICLE VII -ANNUAL PHYSICAL AND TECHNICAL TESTING 4
ARTICLE VIII -SALARY SCHEDULE 5
A. MODIFIED SALARY SCHEDULE 5
ARTICLE IX- RETIREMENT 6
ARTICLE X-WORK DAY; WORK WEEK 6
A. FALL,WINTER,SPRING&SPRING BREAK AND SUMMER 6
B. NOT A GUARANTEE OF WORK 6
C. 1,500 HOURS 6
ARTICLE XI --SPECIAL PAY 7
A. JUNIOR GUARD INSTRUCTOR PAY 7
B. EMT 7
C. BILINGUAL PAY 7
D. EFFECTIVE DATE OF SPECIAL PAY 8
E. SUBPOENA/COURT PAY 8
F. HOLIDAY PAY 8
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SCLEA MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
ARTICLE XII -OVERTIME 9
ARTICLE XIII- MISCELLANEOUS 9
A. EMPLOYER-EMPLOYEE RELATIONS RESOLUTION 9
B. RETURN TO WORK POLICY 9
C. GRIEVANCE PROCEDURE 9
D. AB 1522-HEALTHY WORKPLACES, HEALTHY FAMILIES ACT OF 2014 10
E. DEATH RELATED BENEFITS 10
ARTICLE XIV-CITY COUNCIL APPROVAL 12
EXHIBIT A- SALARY SCHEDULE 13
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SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA)
Article I — Term of MOU
The City of Huntington Beach ("City") and the Surf City Lifeguards Employees' Association
("SCLEA") have reached agreement for a limited Memorandum of Understanding ("MOU") for
the term of June 11, 2022 — June 30, 2025. The parties agree to commence negotiations on a
successor MOU by not later than January 15, 2025.
The terms and conditions of employment are as follows:
Article II — Representation
A. Representation Unit
City recognizes SCLEA as the representative concerning all matters relating to
employer-employee relations including, but not limited to wages, hours, and other
conditions of employment for all employees in the "Recurrent Ocean Lifeguard"
Representation Unit, as follows:
Included: Ocean Lifeguard I, Ocean Lifeguard ll, Ocean Lifeguard III, Junior
Lifeguard Program Coordinator.
Excluded: Management Personnel, Marine Safety Captain, Ocean Lifeguard
Specialist, and all other employees.
B. Employee and Union Rights
SCLEA shall have the right to represent all employees in the "Recurrent Ocean
Lifeguard" representation unit in their employment relations with the City, including
the Meyers Milias Brown Act ("MMBA") "meet and confer" process.
C. Marine Safety Division will provide space for a bulletin board in the Lifeguard
Headquarters for all SCLEA members to receive information.
SCLEA MOU June 11,2022 through June 30,2025 1
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA)
Article III — Payroll Deduction of Union Dues
City will continue to deduct SCLEA's monthly union dues (on a bi-weekly basis) as designated
by SCLEA, and authorized by the individual employee. SCLEA agrees to hold the City harmless
for such payroll deductions. In the event of a SCLEA fee arrangement outside of an agreement
that is in effect, SCLEA shall indemnify and hold the City of Huntington Beach harmless against
any liability arising from any claims, demands, or other action relating to the City of Huntington
Beach's compliance with SCLEA's fee obligation as stated in Government Code §3502.5.b.2.
Article IV— Uniform Allowance
A. New Hires
All new hires will be issued, at no charge, a full set of uniform articles, which
include: a hat, T-shirt,jacket, shorts, men's black swimsuit, women's red swimsuit,
tear-away sweatpants, sandals, and equipment, which includes: fins, sunglasses,
and a bag.
B. Damaged Uniform Articles
The Marine Safety Battalion Chief will replace uniform articles as referenced in
Article IV A. that are damaged in the line of duty or worn out by the passage of
time.
C. Returning Recurrent Ocean Lifeguards
Upon successful completion of the requalification process each calendar year,
returning Recurrent Ocean Lifeguards shall receive the following:
1. Uniform — The City shall provide each employee with one set of shorts and a
shirt.
2. Equipment Stipend —Each employee shall receive a two hundred dollar($200)
equipment stipend to use toward replacing equipment necessary for
employment, including fins, sunglasses, and bag. This stipend shall be
provided the pay,period following requalification.
SCLEA MOU June 11,2022 through June 30,2025 2
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA)
D. Sunscreen and Lip Balm
The City shall provide Sun Protection Factor(SPF) 15 or higher sunscreen and lip
balm to all SCLEA members.
E. Reporting of Uniforms
For each CalPERS employee, the City will report to the California Public
Employees' Retirement System (CalPERS), the average annual cost of uniforms
provided as special compensation in accordance with Title 2, California Code of
Regulations, Section 571(a)(5). The average annual cost of uniforms provided
shall include uniforms issued and article replacements during a payroll calendar
year. Reporting shall not include personal protective equipment, unless otherwise
permitted in accordance with CalPERS law.
1. This section shall not apply to new members of this unit who are designated by
CalPERS as "new members" in accordance with GC Section 7522.04 (f) and
whose "Pensionable Compensation" is subject to the provisions of GC Section
7522.34.
Article V — Parking Passes
A. Parking Passes
Parking passes will be issued to "Recurrent Ocean Lifeguards" who pass the
annual requalification exam.
B. Parking Pass - Before Requalification
Before the requalification process has been completed:
1. A parking pass will be provided to recurrent employees who are called to work;
and,
2. Recurrent employees who come to the beach to train may obtain a temporary
pass for that day from the Marine Safety Battalion Chief.
SCLEA MOU June 11,2022 through June 30,2025 3
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA)
Article VI — Annual Recurrent Ocean Lifeguard Requalification
A. Work Available -- Return to Active Employment
If there is work available, and if the "Recurrent Ocean Lifeguard" meets the
following criteria, the "Recurrent Ocean Lifeguard" shall be returned to active
employment for the following season:
1. The employee performance evaluations meet Marine Safety Division
standards;
2. The employee did not resign or was not terminated from employment with the
City;
3. The employee completed the existing minimum hour working standard;
4. The employee has successfully completed the yearly requalification exam;
5. The employee has successfully completed and responded by the dates
designated in the recurrent spring questionnaire.
Article VII — Annual Physical and Technical Testing
A. The City will continue to provide annual physical and technical testing of"Recurrent
Ocean Lifeguards." All unit employees will receive recertification training and skills
testing each year during the annual requalification process. The actual number of
minimally required training hours will be determined annually by Marine Safety
Division Administration.
B. The City will provide annual skin cancer screening examinations to all unit
employees to be conducted by a medical facility selected by the City at Lifeguard
Headquarters or Junior Guard Headquarters. Unit employees who are screened
off duty will be paid one (1) hour of compensation at the employee's base hourly
rate of pay.
SCLEA MOU June 11,2022 through June 30,2025 4
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA)
Article Vlll — Salary Schedule
A. Modified Salary Schedule
Effective the beginning of the pay period following City Council final approval,
employees in all classifications will be moved to a new salary schedule as set forth
below and in Exhibit A:
1. The salary schedule will include seven (7) steps from A-G;
2. The steps will be five percent (5%) steps;
3. The salary ranges will be one percent (1%) apart;
4. Each job classification has been assigned a salary range, incorporating the
following classification changes:
a. All Junior Lifeguard Instructor Is will be reclassified to Ocean Lifeguard
Is.
b. All Junior Lifeguard Instructor Its will be reclassified to Ocean Lifeguard
[is.
c. Junior Lifeguard Program Coordinator I is retitled to Junior Lifeguard
Program Coordinator.
d. Junior Lifeguard Program Coordinator II is eliminated.
e. All employees in the classifications of Junior Lifeguard Instructor I and II
at the time of this MOU approval, will retain the opportunity to work as a
Junior Lifeguard Instructor, provided they pass the annual requalification
process and are an employee in good standing.
The Fire Department reserves the right to reassign an employee working
as a Junior Lifeguard Instructor during the normal Junior Lifeguard
program summer schedule for public safety to ensure operational
readiness.
5. Each employee will be placed on a salary step by:
a. Locating the step on their classification's assigned salary range that is
nearest to their base salary step without being less.
SCLEA MOU June 11,2022 through June 30,2025 5
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA)
b. In the event that 5a. above results in less than a two percent (2%)wage
increase, the employee will move one step higher. This provision does
not apply to current Junior Guard Instructor Is and Ils.
Once placed on the new, seven-step salary schedule, all Active Duty employees
will be eligible to move to the next step on an annual basis upon receipt of a
satisfactory performance evaluation. This provision does not apply to employees
on Reserve status.
Article IX — Retirement
All employees not eligible for enrollment in the California Public Employees' Retirement System
(CaIPERS) shall be enrolled in the Public Agency Retirement Services (PARS).
All PARS contributing employees of this unit shall pay 7.5% towards the PARS contribution.
Article X —Work Day; Work Week
A. Fall, Winter, Spring & Spring Break and Summer
City shall establish work schedules for Fall, Winter, Spring & Spring Break,
Summer and other schedules as needed.
B. Not a Guarantee of Work
Neither this provision nor any work schedule shall constitute a guarantee of work
(either daily or weekly) for"Recurrent Ocean Lifeguards."
C. 1,500 Hours
An employee represented by the SCLEA may work up to one thousand five
hundred (1,500) hours in a twelve-month (12-month) period. The 12-month period
shall be based on a City payroll calendar year. An employee shall not work more
than 1,500 hours in this 12-month period.
SCLEA MOU June 11,2022 through June 30,2025 6
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA)
Article XI — Special Pay
A. Junior Guard Instructor Pay
Employees in the classifications of Ocean Lifeguard I, II, and III shall receive an
additional five percent(5%) per hour above their base hourly rate of pay for all
hours worked in the Junior Guard Program.
B. EMT
1. Employees who maintain certification as Emergency Medical Technicians
("EMTs") according to State of California regulations and Orange County EMT
policy in the classifications of Ocean Lifeguard I and Junior Lifeguard Program
Coordinator, shall receive an additional five percent(5%) per hour above their
base hourly rate of pay. It is the employee's responsibility to maintain the EMT
certification and to have a current EMT Certification on file.
2. Employees in the classifications of Ocean Lifeguard II and Ocean Lifeguard III
shall not be eligible for EMT special pay. Employees in these classifications
shall be paid their base hourly rate for the 24 hours of required bi-annual re-
certification. The hours paid/worked during the bi-annual EMT re-certification
course shall not count towards satisfying the minimum hour requirement for
reserve status.
C. Bilingual Pay
SCLEA employees, who use their bilingual skill as part of their job assignment,
shall be paid an additional five percent (5%) over their base hourly rate of pay.
Employees shall be tested and certified by the Human Resources Division as to
their language proficiency in order to be eligible for said compensation. Eligibility
for bilingual pay shall be limited to the following languages: Spanish, Vietnamese,
French, German, Japanese, and American Sign Language.
SCLEA MOU June 11,2022 through June 30,2025 7
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA)
D. Effective Date of Special Pay
All special pay shall be effective the beginning of the first full pay period following
certification and verification as approved by the Department Head/Fire Chief or
designee.
E. Subpoena/Court Pay
Unit employees required/subpoenaed to attend proceedings that occur either on
unscheduled work days and/or outside of scheduled work hours,which are directly
related to Marine Safety employment, will be paid at the employee's base hourly
rate for time in attendance at said proceedings.
F. Holiday Pay
Employees shall receive one and a half times (1.5x) their base hourly rate of pay
for all hours worked on the following holidays:
1. New Year's Day
2. Martin Luther King Birthday Holiday
3. Presidents' Day
4. Memorial Day
5. Independence Day
6. Labor Day
7. Veterans Day
8. Thanksgiving Day
9. Day After Thanksgiving Day
10.Christmas Day
Any day declared by the President of the United States to be a national holiday, or
by the Governor of the State of California to be a State holiday, and adopted as an
employee holiday by the City Council of Huntington Beach.
SCLEA MOU June 11,2022 through June 30,2025 8
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA)
Article XII — Overtime
A. All unit employees shall be compensated at time and one half the regular rate of
pay for all hours worked in excess of forty (40) hours per week.
Article XIII — Miscellaneous
A. Employer-Employee Relations Resolution
During the term of the agreement, the City and SCLEA agree to update the
Employee-Employer Relations Resolution to reflect current State law.
B. Return to Work Policy
The City and the Association agree to the implementation of an Administrative
Regulation for a Return to Work / Transition Duty Program for employees who
experience industrial and non-industrial injury or illness.
C. Grievance Procedure
For the purpose of this procedure, a grievance is specifically defined as a dispute
concerning the interpretation or application of any provision of the Memorandum
of Understanding or any departmental rule governing personnel practices or
working conditions. The grievance procedure shall consist of the following steps,
each of which must be completed prior to any request for further consideration of
the matter unless otherwise provided herein:
Step 1. If a SCLEA employee feels that they have a grievance, as defined in C above,
they may request a meeting with their immediate Marine Safety Battalion Chief
within ten (10) calendar days after the employee becomes aware or reasonably
should have become aware of the subject matter of the grievance. The Marine
Safety Battalion Chief, within five (5) calendar days of such request, shall meet
with the employee when so requested and discuss the grievance in an effort to
clarify the issue and work toward a cooperative settlement or resolution of the
dispute. The Marine Safety Battalion Chief shall present, verbally and in writing,
SCLEA MOU June 11,2022 through June 30,2025 9
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA)
their decision to the employee within five (5) calendar days from the time of the
informal discussion.
Step 2. If the grievance is not settled under Step 1, the grievance may be presented to
the Marine Safety Division Chief. The grievance shall be submitted within five
(5) calendar days after receipt of the written decision from Step 1. Within five (5)
days after receipt of the written grievance, the Marine Safety Division Chief shall
meet with the employee and their immediate supervisor, if any. Within five (5)
calendar days thereafter, a written decision shall be given to the employee from
the Marine Safety Division Chief.
Step 3. If the grievance is not settled under Step 2, the grievance may be presented to
the Department Director/Fire Chief or designee. The grievance shall be
submitted within five (5) calendar days after receipt of the written decision from
Step 2. Within five (5)days after receipt of the written grievance, the Department
Director/Fire Chief or designee shall meet with the employee and their immediate
supervisor, if any. Within five (5) calendar days thereafter, a written decision
shall be given to the employee from the Department Director/Fire Chief or
designee. The decision by the Department Director/Fire Chief or designee shall
be considered final and shall end the grievance procedure.
In the event the grievant does not comply with the time limits imposed by this Article, the
decision is deemed final and the grievance process shall end.
D. AB 1522— Healthy Workplaces, Healthy Families Act of 2014
The City agrees to provide unit members with paid sick leave benefits in
accordance with state law.
E. Death Related Benefits
In the event a SCLEA unit member expires while engaging in the performance of
their duties in the course and scope of their work; and should their
beneficiaries/survivors.be entitled to death-related benefits in accordance with
State of California Workers' Compensation law, the City agrees to provide the
SCLEA MOU June 11.2022 through June 30,2025 10
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA)
named beneficiary designated to receive the employee's final pay warrant as the
beneficiary for a one-time final expense stipend of$10,000. Such stipend shall be
in addition to, and not in lieu of, any death-related and/or other benefits their
beneficiaries/survivors may be entitled to under State of California Workers'
Compensation law. Such stipend payment to the beneficiary is not life insurance
and is subject to the appropriate treatment under Internal Revenue Service
regulations.
SCLEA MOU June 11,2022 through June 30,2025 11
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA)
Article XIV — City Council Approval
It is the understanding of the City and SCLEA that this MOU has no force or effect whatsoever
unless and until adopted by Resolution of the City Council of the City of Huntington Beach.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding
this day of tjun,o,, 2022.
City of Huntington Beach Surf City Lifeguard Employees'Association
(A Municipal Corporation)
By: By:
can oy a atherine Yasko
Interim City Ma ager -EA President
B ' ILIL:_._. By:
Travis Hopkins Sean McGlynn
Assistant City Manager SCLEA Vice President
By: •W X-C_ ,Z' By:
Brittany Mello Adam Miller
Administrative Services Director SCLEA Attorney
By.
Scott Haberle
Fire Chief
Approved as to for
Michael E. Gates
City Attorney
COUNTERPART
SCLEA MOU June 11,2022 through June 30,2025 12
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA)
Article XIV- City Council Approval
It is the understanding of the City and SCLEA that this MOU has no force or effect whatsoever
unless and until adopted by Resolution of the City Council of the City of Huntington Beach.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding
this t day of,,&r,) 2022.
City of Huntington Beach Surf City Lifeguard Employees' Association
(A Municipal Corporation)
By: By:
Sean Joyce Katherine Yasko
Interim City Manager SCLEA President
By: By:
Travis Hopkins Sean McGlynn
Assistant City Manager SCLEA Vice President
By: By:
Brittany Mello 4� Adam Miller
Administrative Services Director SCLEA Attorney
By: _____
Scott Haberle
Fire Chief
Approved as to form:
Michael E. Gates
City Attorney
SCLEA MOU June 11,2022 through June 30,2025 12
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION ("SCLEA")
EXHIBIT A— SALARY SCHEDULE
Effective the Beginning of the Pay Period Following City Council Final Approval
Job No Job Description Range A B C D E F G
0244/0521 Ocean Lifeguard 1 125 19.24 20.20 21.21 22.27 23.38 24.55 25.78
0248/0504 Ocean Lifeguard II 140 22.33 23.45 24.62 25.85 27.15 28.50 29.93
0249/0439 Ocean Lifeguard III 156 26.19 27.50 28.87 30.31 31.83 33.42 35.09
0250/0477 Junior Lifeguard 156 26.19 27.50 28.87 30.31 31.83 33.42 35.09
Program Coordinator
SCLEA MOU June 11,2022 through June 30,2025 13
Res. No. 2022-30
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on June 7, 2022 by the following vote:
AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser
NOES: None
ABSENT: None
RECUSE: Kalmick
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California