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HomeMy WebLinkAboutCity Council - 2025-63 RESOLUTION NO. 2025-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE SURF CITY LIFEGUARD EMPLOYEES'ASSOCIATION (SCLEA)AND THE CITY FOR JULY 1, 2025,THROUGH JUNE 30, 2028 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 July 1, 2025,through June 30, 2028. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of October , 2025. Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Manager City Attorney INITIATED AND APPROVED: Director of Human Resources 25-17088/390141 Reso No. 2025-63 Exhibit "A" Memorandum of Understanding Between Surf City Lifeguard Employees' Association and City of Huntington Beach r / T I N . 04, 16, FvcA 0; i# JULY 1, 2025 — JuNE 30, 2028 SCLEA MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS ARTICLE I-TERM OF MOU 1 ARTICLE II- REPRESENTATION 1 A. REPRESENTATION UNIT 1 B. EMPLOYEE AND UNION RIGHTS 1 ARTICLE III- PAYROLL DEDUCTION OF UNION DUES 2 ARTICLE IV-SALARY SCHEDULE 2 A. MODIFIED SALARY SCHEDULE 2 B. SALARY ADJUSTMENTS 2 C. RESERVE OCEAN LIFEGUARDS 3 ARTICLE V- UNIFORM ALLOWANCE 3 A. NEW HIRES 3 B. DAMAGED UNIFORM ARTICLES 3 C. RETURNING RECURRENT OCEAN LIFEGUARDS 3 D. SUNSCREEN AND LIP BALM 4 E. REPORTING OF UNIFORMS 4 ARTICLE VI- PARKING PASSES 4 A. PARKING PASSES 4 B. PARKING PASS-BEFORE REQUALIFICATION 4 ARTICLE VII -ANNUAL RECURRENT OCEAN LIFEGUARD REQUALIFICATION 5 A. WORK AVAILABLE--RETURN TO ACTIVE EMPLOYMENT 5 ARTICLE VIII -ANNUAL PHYSICAL AND TECHNICAL TESTING 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 D. SHIFT CANCELLATION 6 ARTICLE XI-SPECIAL PAY 6 A. JUNIOR GUARD INSTRUCTOR PAY 6 B. EMT 7 C. BILINGUAL PAY 7 D. EFFECTIVE DATE OF SPECIAL PAY 7 1 SCLEA MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS E. SUBPOENA/COURT PAY 8 F. HOLIDAY PAY 8 ARTICLE XII-OVERTIME 8 ARTICLE XIII- MISCELLANEOUS 8 A. EMPLOYER-EMPLOYEE RELATIONS RESOLUTION 8 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 F. REQUIRED TRAINING 10 ARTICLE XIV- CITY COUNCIL APPROVAL 12 EXHIBIT A-SALARY SCHEDULE 13 ii 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 July 1, 2025 — June 30, 2028. The parties agree to commence negotiations on a successor MOU by not later than January 15, 2028. 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: Ocean Lifeguard Senior Ocean Lifeguard Supervising Ocean Lifeguard Junior Lifeguard Program Coordinator 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. City shall (1) notify SCLEA in advance of new employee orientations; (2) permit SCLEA the opportunity to address unit employees during new employee orientations; (3) permit SCLEA to use City facilities for association meetings, upon reasonable notice and assuming same are not otherwise being used; and (4)provide SCLEA with employees'email addresses (to the extent the City has same). C. Marine Safety Division will provide space for a bulletin board in the Lifeguard Headquarters for all SCLEA members to receive information. SCLEA MOU July 1,2025,through June 30,2028 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— Salary Schedule A. Modified Salary Schedule Effective the.pay period including July 1, 2025, each represented rank will be moved to a new salary schedule as set forth below and in Exhibit A: 1. The salary schedule will include three (3) steps from A-C; • 2. Each employee will be placed on a salary step as follows: . a. Employees placed at Steps A-C at the time of City Council approval of the MOU will be placed at new Step A; b. Employees placed at Steps D-E at the time of City Council approval of the MOU will be placed at new Step B; c. Employees placed at Steps F-G at the time of City Council approval of the MOU will be placed at new Step C. Once placed on the new, three-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. B. Salary Adjustments 1. Effective the pay period including July 1, 2026 each step of the salary schedule shall be adjusted as follows: SCLEA MOU July 1,2025,through June 30,2028 2 • SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA) Step A: $0.50/hour Step B: $1.00/hour Step C: $1.50/hour 2. Effective the pay period including July 1, 2027, each step of the salary schedule shall be adjusted as follows: Step A: $0.50/hour Step B: $1.00/hour Step C: $1.50/hour C. Reserve Ocean Lifeguards Reserve Ocean Lifeguards must work a minimum of 80 hours in Operations to maintain their Reserve status. Reserve Ocean Lifeguards shall be eligible for a salary increase after working 1 year, or 400 hours, whichever is greater. Article V— Uniform Allowance A. New Hires All new hires will be issued, at no charge, a full set of uniform articles, which include: a hat, 2 t-shirts, jacket, 2 shorts, 3 women's red swimsuits, sweatpants, sandals, and equipment, which includes: fins, sunglasses, and equipment bag. B. Damaged Uniform Articles The Marine Safety Battalion Chief will replace uniform articles as referenced in Article V 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 SCLEA MOU July 1,2025,through June 30,2028 3 SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA) employment, including fins, sunglasses, and equipment bag. This stipend shall be provided the pay period following requalification. D. Sunscreen and Lip Balm The City shall provide Sun Protection Factor(SPF) 30 or higher sunscreen and lip balm to all SCLEA members. E. Reporting of Uniforms For each CaIPERS employee, the City will report to the California Public Employees' Retirement System (CaIPERS), 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 is $177.00 and 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 CaIPERS law. 1. This section shall not apply to new members of this unit who are designated by CaIPERS 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 VI — 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 July 1,2025,through June 30,2028 4 SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA) Article VII — 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 VIII —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. 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 July 1,2025,through June 30,2028 5 • SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA) Article IX— Retirement All employees not eligible for enrollment in the California Public Employees' Retirement System (CaIPERS) shall be enrolled in the Public Agency Retirement Services (PARS). All PARS contributing employees of this unit shall pay 7.5% toward 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. D. Shift Cancellation Any SCLEA employee whose shift is cancelled with less than 24 hours'notice will receive two hours of pay. The hours paid in the event of shift cancellation shall not count toward satisfying the minimum hour requirement for reserve status. Article XI — Special Pay A. Junior Guard Instructor Pay Employees in the classifications of Ocean Lifeguard, Senior Ocean Lifeguard, and Supervising Ocean Lifeguard shall receive an additional five percent(5%) per hour above their base hourly rate of pay for all hours worked in the Junior Guard SCLEA MOU July 1,2025,through June 30,2028 6 SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA) Program. The parties agree that unit employees assigned as Junior Guard Instructors must be a minimum of 18 years old. 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 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 Senior Ocean Lifeguard and Supervising Ocean Lifeguard 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. 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. SCLEA MOU July 1,2025,through June 30,2028 7 SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA) 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. 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. SCLEA MOU July 1,2025,through June 30,2028 8 SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA) 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, 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. SCLEA MOU July 1,2025,through June 30,2028 9 • SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA) 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 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. F. Required Training The City shall pay for classes required to complete PC 832 training for Supervising Ocean Lifeguards. Further, the parties agree that any other classes required of SCLEA MOU July 1,2025,through June 30,2028 10 SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA) any unit employee shall be performed on City time and at City expense. This section does not extend to coursework an employee elects to attend, but that was not authorized by the City. Approval to attend classes shall be per policy. • SCLEA MOU July 1,2025,through June 30,2028 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 I luntinyton Beach. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this 7th day of Oct. 2025. City of Huntington Beach Surf City Lifeguard Employees'Association (A Municipal Corporation) �- By: Travis Hopk is L' Sean McGlynn City Manager SCLEA President By: Marissa Sur Graham Cope Director of Human Resources SCLEA Vice President By: I By: Eric MECo Riley Crow Fire Chief SCLEA Secretary By: •Rob,it exler Attorn y for SCLEA Approved as to form: Michael gliotta City Attorney COUNTERPART ;i(:I I'A MU July I,202,,Through,tune 30.2026 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 7th day of Oct. 2025. City of Huntington Beach Surf City Lifeguard Employees' Association (A Municipal Corporation) By: .1 --._a--_.._ By: Travis Hop s Sean McGlynn City Manager SCLEA President By: 11,----- //- - , By: i‘i,e,A ----- Marissa Sur ar ssa Graham Cope Director of Human Resources SCLEA Vice President By: (- 1 ` B - Eric McCoy Riley Crow Fire Chief SCLEA Secretary By: Robert Wexler Attorney for SCLEA Approved as to form: ./\/1, t,..-. ichael Viggliotta City Attorney COUNTERPART SCLEA MOU July 1,2025,through June 30,2028 12 SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA) EXHIBIT A- SALARY SCHEDULE EFFECTIVE 7/1/2025 Job No Classification A B C 0820/0821 Ocean Lifeguard $22.50 $25.00 $27.50 0818/0819 Senior Ocean Lifeguard $27.93 $29.93 $31.93 0816/0817 Supervising Ocean Lifeguard $32.43 $34.93 $37.43 0814/0815 Junior Lifeguard Program $32.43 $34.93 $37.43 Coordinator EFFECTIVE 7/1/2026 Job No Classification A B C 0820/0821 Ocean Lifeguard $23.00 $26.00 $29.00 0818/0819 Senior Ocean Lifeguard $28.43 $30.93 $33.43 0816/0817 Supervising Ocean Lifeguard $32.93 $35.93 $38.93 0814/0815 Junior Lifeguard Program $32.93 $35.93 $38.93 Coordinator EFFECTIVE 7/1/2027 Job No Classification A B C 0820/0821 Ocean Lifeguard $23.50 $27.00 $30.50 0818/0819 Senior Ocean Lifeguard $28.93 $31.93 $34.93 0816/0817 Supervising Ocean Lifeguard $33.43 $36.93 $40.43 0814/0815 Junior Lifeguard Program $33.43 $36.93 $40.43 Coordinator SCLEA MOU July 1,2025,through June 30,2028 13 Res. No. 2025-63 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, LISA LANE BARNES, 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 October 7, 2025 by the following vote: AYES: Twining, McKeon, Burns, Van Der Mark, Gruel NOES: None ABSENT: Kennedy, Williams ABSTAIN: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California