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Item 4.2 - Adoption of Resos auth. the City Manager to Execute an MOU Effective 7-1-19 to 6-30-21December 17, 2019, Item #4.2 DATE: TO: FROM: INITIATED BY: SUBJECT: Summary: City of Poway COUNCIL AGENDA REPORT December 17, 2019 Honorable Mayor and Members of the City Council Wendy Kaserman , Assistant City Manager iJ{. Jodene Dunphy, Director of Human Resources & Risk Management ~ 858-668-4413 or jdunphy@poway.org (J Adoption of Resolutions authorizing the City Manager to Execute, on Behalf of the City of Poway, a Memorandum of Understanding , Effective July 1, 2019, through June 30, 2021 , between the City and the Non-Safety Employees Bargai ning Group (Teamsters Local 911) Incorporating the Terms of the Tentative Agreement and Appropriating Funds in FY 19-20 The existing Memorandum of Understanding (MOU) with the Teamsters Local 911 (Teamsters), representing the Non-Safety Bargaining Group expired on June 30, 2019. Staff has reached a Tentative Agreement (Exhibit A of Attachment A) with Teamsters which includes a two-year term for the new MOU effective July 1, 2019, through June 30, 2021 . The MOU between the City of Poway and the Poway Firefighters' Association (PFA) expired on June 30, 2019. The City and the PFA are still currently negotiating, therefore this staff report does not include salary and benefit provisions or changes for the PFA. Recommended Action: It is recommended that the City Council adopt the Resolutions . Discussion: Background On June 18, 2019, the City Council approved a balanced Fiscal Year 2019-20 budget that did not include any across the board salary increases for represented or unrepresented employees. On September 17, 2019 , the City Council approved salary and benefit changes for City employees in the Management/Confidential group that were conservative and fiscally responsible given the budget outlook for Fiscal Years 2019-20 and 2020-21. The key economic item approved for Management/Confidential employees was a $3 ,000 stipend in Fiscal Year 2019-20 and a $2,000 stipend in Fiscal Year 2020-21 . To restate what was included in the September 17, 2019, staff report for recommended changes to the salary and benefits for Management/Confidential employees, the City does not have the ability to provide wage increases from the General Fund that need to be sustained year over year based on the current status of the City's General Fund operating budget and projections for next fiscal year. A 1 % city-wide salary increase, which also increases the cost of other wage-based benefits, would result in an unbalanced budget by Fiscal Year 2020-21 and result in reserve draws to balance the budget on an ongoing basis. Us ing one- 1 of 19 December 17, 2019, Item #4.2 time funds to cover ongoing expenses can be compared to taking from a savings account to fund ongoing, recurring bills paid from a checking account. This is not a sustainable financial strategy and, therefore, not recommended. The Tentative Agreement (TA) with Teamsters supports the City's financial strategy to use undesignated one-time funds to provide one-time stipends in each of the next two fiscal years. The one-time funds are available from savings in prior year budgets. The TA demonstrates a strong commitment by the City to provide its employees with salary and benefit adjustments it can afford, without implementing financial management strategies that could lead to service reductions and a decrease in the City's fiscal health. It also addresses a significant recruitment and retention issue with utility positions in the Public Works Department. Additionally, the current Fiscal Year 2019-20 budget includes ongoing step increases for employees pursuant to publicly adopted salary schedules as well as funding to cover increasing costs in pension and healthcare that are increasing even without approving across the board salary increases for employees. Negotiations California law provides for the determination of public employee wages, hours and other terms and conditions of employment through a process of meeting and conferring between public agency representatives and employee bargaining unit representatives. Negotiations between the City of Poway and representatives from Teamsters Local 911, representing 99 non-safety employees (94.15 Full-Time Equivalent positions), began in May 2019. After 12 meet and confer sessions, a Tentative Agreement was reached. The Teamsters Bargaining Unit voted to ratify the Tentative Agreement on December 10, 2019. Tentative Agreement with Teamsters Key economic provisions of the Tentative Agreement with Teamsters include the following: 1. Stipends • $3,000 in Year 1 • $2,000 in Year 2 Teamsters employees will have the choice to take the stipend as a cash payment or to deposit the stipend into the employee's ICMA 457 account. The stipends will be reported to CalPERS for employees considered CalPERS "classic" employees in the City's Tier 1 and Tier 2 retirement groups. Pursuant to the California Code of Regulations section 571.1, the stipends are not reportable as compensation for employees in Tier 3, commonly referred to as "PEPRA" employees hired after January 1, 2013, when the Public Employees' Pension Reform Act (PEPRA) took effect. Employees must be employed on the date the one-time stipend is distributed. The stipends shall be pro-rated for part-time, regular employees based on their Full Time Equivalent (FTE) status. In 2019, the average across the board salary increase for all other San Diego cities is 2.34%. The $3,000 stipend proposed for all Teamsters employees equates to an average salary increase of 5.67%, which is higher than the market to acknowledge the fact that it is a one-time payment instead of an ongoing across the board salary increase. Based on growing concerns for the City's FY 2020-21 budget, an anticipated end to the current economic expansion, and the list of projects on the horizon for the City, the proposed stipend in Fiscal Year 2020-21 is less at $2,000, which is an average salary increase of 3.68% for Teamsters employees. This provides a carve out of one- time funds in the Fiscal Year 2020-21 budget to provide one-time stipends to non-safety employees represented by the Teamsters bargaining unit. 2 of 19 December 17, 2019, Item #4.2 2. Special Range Salary Adjustments In Fiscal Years 2017-18 and 2018-19, there were 58 vacancies in regular positions across the City organization, of which 22 (almost half) were in the Public Works Department, with 10 in utility positions. Furthermore, over the past two fiscal years, turnover rates in positions represented by the Teamsters bargaining unit were the highest among the City's three employee groups. In Fiscal Year 2018-19, the turnover rate for employees represented by the Teamsters bargaining unit was 19.40%, compared to the Management/Confidential group at 17.54%, and the Poway Firefighters Association at 6.29%. In Fiscal Year 2017-18, the turnover rates were 14.98% for Teamsters, 12. 77% for Management/Confidential employees and 8.55% for employees represented by the Poway Firefighters Association. As part of the meet and confer process and in response to the turnover rates, an analysis of the market for public works positions, with a focus on the utility positions, was conducted. Through this analysis, it was determined that certain pay grades for utility positions are well below market when comparing to other agencies with comparable positions. This is believed to be the most significant reason for the recruitment and retention challenges the City is experiencing in those positions. Salary range adjustments are needed to bring certain positions as close to median as possible within the City's salary plan classification structure to relieve the challenges with recruiting and retaining highly qualified employees in the specialized utility positions. Because the utility positions are fully funded by water and sewer funds, the Tentative Agreement commits to the adjustments contingent upon the outcome of the water and sewer rate setting process to be completed in March 2020. 3. Recuperation Time The City will provide up to four hours of recuperation time for Non-Safety Employees to allow employees a rest and recovery period after working extended work hours due to emergency situations. This safety protocol will allow staff who have been on duty for 16 or more hours within a 24-hour period to rest for seven consecutive hours prior to returning to work for their next regularly scheduled work shift. 4. Mechanic's Certification The City will provide a one-time certification pay of $1,000 to the Senior Equipment Mechanic and Equipment Mechanic who has or will obtain the State of California Fire Mechanic II certification and $500 upon recertification of the State of California Fire Mechanic II certification. 5. Extend Shift Differential to Weekend Day Shifts at Filtration Plant Filtration plant employees required to work evening (3:00 p.m. to 11 :00 p.m.) and overnight (11 :00 p.m. to 7:00 a.m.) shifts Monday through Friday, as well as Saturday and Sunday, currently receive shift differential pay of 7.5% in addition to their regular rate of pay. This item provides shift differential to employees working the day shift (7:00 a.m. to 3:00 p.m.) on Saturdays and Sundays. 6. Safety Shoe Reimbursement The current MOU provides employees required to wear safety shoes with a reimbursement of up to $200 per fiscal year for required safety shoes. This amount will increase to $250 for the 36 eligible classifications listed in the Tentative Agreement. 7. Meal Reimbursements Employees who work in excess of 12 consecutive hours currently receive meal reimbursements of $12, if a meal is not otherwise provided. The U.S. General Services Administration, a guide used by the City to set meal reimbursement rates, establishes per diem and meal rates based on 3 of 19 December 17, 2019, Item #4.2 location. For the 2019-2020 year, San Diego County is listed with lunch rates at $18 and dinner rates at $31. The meal reimbursement covered by the MOU is conservatively increased to $20 to allow for the increased cost of purchasing a meal. In addition, employees not assigned to standby duty, but are called in on weekends or closed Fridays for more than four consecutive hours will be entitled to the Meal Reimbursement. 8. Benefit day hours Benefit day hours will increase from 16 hours to 18 hours per year for full-time, regular employees. Part-time, regular employees will receive the pro-rated equivalent based on their FTE. This is a non-cash benefit which does not impact the budget. 9. One-Time Holidays The City will add one-time paid holidays on Thursday, December 26, 2019, and Thursday, December 24, 2020. This is one less additional holiday than what was approved and provided to employees in 2018 and is also a non-cash benefit which does not impact the budget. Other non-economic items proposed for employees represented by Teamsters include the implementation of the ICMA-RC 457 loan program for conventional loans; the ability for employees to use vacation time as it is accrued from date of hire and in accordance with already established vacation accrual tables; and the extension of the initial (new hire) probationary period from six months to twelve months from date of hire. The MOU for Non-Safety Employees will be revised to reflect other non-substantive clean-up revisions along with the changes listed above, which have been incorporated in the Resolution (Attachment A). The financial terms incorporated into the MOU will not extend beyond those included in the Resolution and Tentative Agreement (Attachment A). The current MOU expired on June 30, 2019. A new MOU will be generated, finalized and executed with the City Council's approval of the attached Resolution (Attachment A). The MOU will be effective retroactively to July 1, 2019, through June 30, 2021, and will incorporate the terms listed in the Tentative Agreement attached to the Resolution (Attachment A). Environmental Review: This information is not subject to CEQA review. Fiscal Impact: The total projected fiscal impact of the proposed financial terms of the Tentative Agreement with the Teamsters for Fiscal Year 2019-20 is estimated at $323,920. The General Fund portion of the total cost is estimated at $161,753. The total projected fiscal impact of the proposed financial terms of the Tentative Agreement with the Teamsters for Fiscal Year 2020-2021 is $218,350. The General Fund portion of the total costs is estimated at $108,291. The cumulative fiscal impact for the two-year period covered by the Non-Safety MOU is estimated to be $542,270. The General Fund portion of the total cost is $270,044. The cost of special salary adjustments is contingent on the approval of water and sewer rate increases and are therefore not included in the fiscal impact statement. The special salary adjustments are funded entirely through the water and sewer funds and will be included in the rate study analysis. Should water and sewer rate increases be approved, an updated salary schedule 4 of 19 December 17, 2019, Item #4.2 will be presented to the City Council for approval. Public Notification: None. Attachments: A. Resolution authorizing the execution of a two-year Memorandum of Understanding between the City of Poway and the Non-Safety Bargaining Unit Employees (California Teamsters Local 911) for the period of July 1, 2019 through June 30, 2021 B. Resolution appropriating funds in FY 2019-20 to implement the financial terms of the Tentative Agreement with the Non-Safety Bargaining Unit Employees (California Teamsters Local 911) Reviewed/Approved By: Wend Kaserman Assistant City Manager 5 of 19 Reviewed By : Alan Fenstermacher City Attorney Approved By: City Manager December 17, 2019, Item #4.2 RESOLUTION NO. 19-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY AUTHORIZING THE EXECUTION OF A TWO- YEAR MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF POWAY AND THE NON-SAFETY BARGAINING UNIT EMPLOYEES (CALIFORNIA TEAMSTERS LOCAL 911) FOR THE PERIOD OF JULY 1, 2019 THROUGH JUNE 30, 2021 WHEREAS, the City of Poway, through its management representatives, has met and conferred in good faith with the Non-Safety Bargaining Unit Employees (California Teamsters Local 911); WHEREAS, the representatives of the City and Teamsters each have exchanged freely information, opinions and proposals on matters regarding wages, hours and other terms and conditions of employment for employees in the Non-Safety Bargaining Unit; WHEREAS, the City and Non-Safety Bargaining Unit (California Teamsters Local 911) representatives have agreed on the term of a new Memorandum of Understanding to be July 1, 2019, through June 30,2021; WHEREAS, the City and Non-Safety Bargaining Unit representatives have agreed upon the items as contained in the Tentative Agreement attached hereto as "Exhibit A"; and WHEREAS, the Non-Safety Bargaining Unit (California Teamsters Local 911) has ratified the Tentative Agreement for the period of July 1, 2019, through June 30, 2021; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: That the items in the Tentative Agreement (Exhibit A) be incorporated into the Memorandum of Understanding and adopted for implementation effective July 1,2019. Section 2: That the City Manager is hereby directed and authorized to implement all provisions of the adopted Tentative Agreement which are to be incorporated into the Memorandum of Understanding without further specific actions by the City Council. No additional financial terms will be assumed beyond the terms of the approved Tentative Agreement when finalizing and executing the Memorandum of Understanding. 6 of 19 ATTACHMENT A December 17, 2019, Item #4.2 Resolution No. 19- Page 2 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California, at a regular meeting this 17th day of December, 2019. Steve Vaus, Mayor ATTEST: Faviola Medina, CMC, City Clerk PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 17th day of December, 2019, by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Faviola Medina, CMC, City Clerk 7 of 19 December 17, 2019, Item #4.2ATTACHMENT B RESOLUTION NO. 19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROPRIATING FUNDS IN FISCAL YEAR 2019-20 TO IMPLEMENT THE FINANCIAL TERMS OF THE TENTATIVE AGREEMENT WITH THE NON-SAFETY BARGAINING UNIT EMPLOYEES (CALIFORNIA TEAMSTERS LOCAL 911) WHEREAS, on December 17, 2019, the City Manager of the City of Poway has submitted to the City Council of the City of Poway a Salary and Benefit Plan for Teamsters employees for Fiscal Year 2019-20 and Fiscal Year 2020-21; WHEREAS, an appropriation in Fiscal Year 2019-20 of $323,920 is necessary to implement the year 1 changes to the Salary and Benefit Plan document for employees designated as Teamsters; WHEREAS, an appropriation in Fiscal Year 2020-21 of $218,350 is necessary to implement the year 2 changes to the Salary and Benefit Plan document for employees designated as Teamsters and will be requested as part of the Fiscal Year 2020-21 budget; and WHEREAS, the appropriations for year 1 and year 2 changes to the Salary and Benefit Plan document for employees designated as Teamsters will come from unassigned General Fund balance, Gas Tax Fund balance, Road Repair Fund balance, Prop A (70%) Fund balance, Prop A (30%) Fund balance, Drainage Fund balance, LMD Funds fund balance, Water Fund balance, Wastewater Fund balance, and Fleet -Vehicle Maintenance fund balance and sufficient funds are available; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: 8 of 19 1. That the above recitations are true and correct. 2. That the director of finance is authorized to appropriate $323,920 to cover the Fiscal Year 2019-20 Salary and Benefit Plan expenses for the Teamster Group of employees which will have impacts based on the cost allocation plan as follows: Fund Amount General Fund: 1000 $161,753 Gas Tax Fund: 2110 7,107 Road Repair: 2120 4,543 Prop A (70%): 2230 4,017 Prop A (30%): 2240 2,628 Drainage Fund: 2310 16,684 LMD: 26xx,27xx 5,662 Water Fund: 5100 81,827 Wastewater Fund: 5200 27,998 Fleet-Vehicle Maintenance Fund: 6110 11,701 Total $323,920 3. That the Fiscal Year 2020-21 appropriation of $218,350 from fund balance will be included as part of the final Fiscal Year 2020-21 budget. December 17, 2019, Item #4.2 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 17th day of December, 2019, by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Faviola Medina, CMC, City Clerk 9 of 19 December 17, 2019, Item #4.210 of 19 1. Term City of Poway & Teamsters Bargaining Unit TENTATIVE AGREEMENT December 10, 2019 July 1, 2019 through June 30, 2021 Article 4. Duration of Agreement This entire Agreement shall commence at 12:00 a.m. on July 1, 201+9 and terminate at 11 :59 p.m. on June 30, 204921. 2. Wages A. Stipends Year 1: $3,000 Stipend (reportable to PERS)* Year 2: $2,000 Stipend (reportable to PERS)* *Stipends are not PERSable for PEPRA employees or for Classic employees if the stipend equates to 6% or more of salary. Employees will have the choice to take the stipend as a one-time cash payment or to make a one-time deposit into the employee's ICMA 457 account. The stipends will be reported to CalPERS for employees considered CalPERS "classic" employees in the City's Tier 1 and Tier 2 retirement groups. Pursuant to the California Code of Regulations section 571.1, the stipends are not reportable as compensation for employees in Tier 3, commonly referred to as "PEPRA" employees hired after January 1, 2013 when the Public Employees' Pension Reform Act (PEPRA) took effect. B. Salary Range Adjustments -Utilities Positions Article 5. Wages \/\/ages shall increase by three and one half percent (3.5%) effective the beginning of the pay period that includes July 1, 2017. The ,.vage increase is contingent upon the increase in employee PERS contributions set forth in Article 12, Retirement and Social Security, of this Agreement. V\Jages shall increase by two percent (2%) effective the beginning of the pay period that includes July 1, 2018. A. Stipends Page I 1 of 10 All full-time, regular employees shall receive a cash stipend of Three Thousand Dollars ($3,000) to be paid in the first full pay period after ratification of the terms of a successor MOU by Teamsters and approval by the City Council. To be eligible December 17, 2019, Item #4.211 of 19 to receive the stipend payment, employees must be covered by this MOU and employed on the date the stipend is paid. The stipends shall be pro-rated for part- time, regular employees based on their FTE. For example, a part-time, regular employee with .48 FTE will receive 48% of the stipend payment at the same time as regular employees. The stipends paid to Classic employees of Tier 1 & 2 will be reported to CalPERS. All full-time, regular employees shall receive a cash stipend of Two Thousand Dollars ($2,000) to be paid in the first full pay period of July 2020. To be eligible to receive the stipend payment, employees must be covered by this MOU and employed on the date the stipend is paid. The stipends shall be pro-rated for part- time, regular employees based on their FTE. B. Special Salary Adjustments Page I 2 of 10 Positions in the classifications listed below that are fully funded by the water and/or sewer funds and determined to be below median will receive one-time Salary Range Adjustments should water and sewer rates be increased and approved in March 2020. The Salary Range Adjustments will increase the salary ranges of the classifications listed below as close as possible (above or below) to median but within the City's current salary range schedule keeping with internal alignment. The increases will take effect the first full pay period in March 2020 should the City Council approve the appropriate adjustments to water and sewer rates, absent a majority protest to block increases to the water and sewer rates. 1 Water Treatment Plant Operator I 2 Water Treatment Plant Operator II 3 Water Treatment Plant Operator 111 4 Utility Systems Mechanic 5 Senior Utility Systems Mechanic 6 Utility Systems Technician 7 Senior Utility Systems Technician 8 Cross-Connection Specialist 9 Wastewater Utilities Worker I 10 Wastewater Utilities Worker 11 11 Wastewater Utilities Crew Leader 12 Water Utilities Worker I 13 Water Utilities Worker II 14 Water Utilities Crew Leader 15 Meter Reader 16 Customer Services Field Worker 17 Lead Customer Services Field Worker December 17, 2019, Item #4.212 of 19 3. Probationary Period Article 10. Service Section 1 -Probation All initial (new hire) appointments, including promotional appointments, shall be for a probationary period of not less than six (6) t,.,,elve (12) months. During the probationary period, the employee may be rejected at any time without the right of appeal or hearing. Promotional appointments shall have a probationary period of no less than six (6) months from date of promotion. For part-time and three-quarter time, regular employees: Article 11. Service Section 1 -Probation: All initial (new hire) appointments to part-time or three quarter-time, regular positions, including promotional appointments, shall be for a probationary period of not less than a period equivalent to six (6) twelve (12) months of full-time employment (2080 hours). During the probationary period, the employee may be rejected at any time without the right of appeal or hearing. Promotional appointments shall have a probationary period of no less than the equivalent to six (6) months of full-time employment (1040 hours) from date of promotion. 4. Overtime Article 7. Payroll and Work Week Section 2 -Overtime No employee may work overtime without advance approval, with the exception of an employee assigned as the Emergency Response Technician (ERT), as long as the ERT policy is followed. Employees who do not secure prior approval may be subject to disciplinary action pursuant to established guidelines for discipline. Hours worked on Sundays and Designated Holidays, as defined in Article 6, Section 3, which fall outside of an employee's regular work schedule, shall be paid at double the employee's base hourly rate of pay. Employees in this unit shall be paid one and one-half times (1.5) their hourly rate of pay for all hours worked beyond their regularly scheduled hours in one work week. Filtration Plant employees assigned to work the 48-hour weekend shift shall be paid overtime at one and one-half times (1.5) their base hourly rate of pay for all hours worked in excess of 40 hours. Employees working overtime will continue to receive overtime pay after 12:00 a.m. for continuous hours worked including meal and rest periods, provided regular hours worked the following day will be paid at the employee's regular rate of pay. Page I 3 of 10 December 17, 2019, Item #4.213 of 19 A minimum of two hours pay, at the rate of one and one half times (1.5) the base hourly rate of pay, shall be paid for each incident of callback overtime. Callback overtime is unscheduled overtime as opposed to scheduled overtime or an early start or extended shift. Scheduled overtime is not subject to the two hour minimum of pay. For the purpose of computing overtime, hours of paid leave and holiday pay shall be considered as hours worked. 5. Recuperation Time Article 9. Special Pays Section 5 -On-Call Time [Add new language:] D. Recuperation Time An employee who has been on duty for 16 or more hours within a 24-hour period shall be required to take a minimum of seven (7) consecutive hours off for rest and recovery prior to returning to work. If any portion of the required rest period extends into the employee's next scheduled work shift, the City shall pay the employee's regular base pay, hour for hour, up to a maximum of four (4) hours for the time that extends into the employee's next scheduled work shift. Time from 1 to 7 minutes shall be rounded down, and time from 8 to 14 minutes must be rounded up and counted as a quarter hour. When employees are required to work extended overtime hours during normal sleep/rest periods, but the resulting work during the 24-hour period does not exceed the 16 hour amount, the employee will have the option, with supervisor approval, of taking leave time for the remainder of the work shift and will not be required to return to work for that shift. 6. Safety Shoes Article 9. Special Pay Section 2. Uniforms and Equipment A. Safety Shoes Safety shoes shall be worn by employees as required by the City. The department will establish and furnish to the Human Resources Manager a list of classifications required to lt*fear safety shoes. The list will be updated by January 1 of each year and on an as needed basis, with the concurrence of the Union. Employees shall be provided reimbursement for safety shoes and/or inserts, laces, toe-protectors or resoling of safety shoes up to ~ $250 each fiscal year, on an as-needed basis as determined by the division manager, assistant department director or director. Employees may purchase more than one pair of safety shoes each fiscal year, as needed, within the annual ~ $250 maximum. Page I 4 of 10 December 17, 2019, Item #4.214 of 19 In order to receive reimbursement, the employee must submit original receipts as proof of purchase to their department for approval. Reimbursement will be made through accounts payable. All other safety clothing required in the performance of duties shall be furnished by the City. Below is a list of classifications authorized for reimbursement of safety shoes. Any classification not specifically listed below, is not authorized by this Agreement for reimbursement of safety shoes. City of Poway Positions Required to Wear Safety Shoes Classification Title (in alphabetical order) Construction Maintenance Crew Leader Construction Maintenance Worker I Construction Maintenance Worker II Contract SpecialisUlnspector Cross-Connection Specialist Customer Services Field Worker Engineering Inspector Equipment Mechanic Facilities Maintenance Crew Leader Facilities Maintenance Technician I Facilities Maintenance Technician 11 Lead Customer Services Field Worker Lead Engineering Inspector Park Ranger -PT Regular Parks Maintenance Crew Leader Parks Maintenance Worker I Parks Maintenance Worker 11 Senior Equipment Mechanic Senior Park Ranger -Regular Senior Utility Systems Mechanic Senior Utility Systems Technician Stormwater Maintenance & Construction Worker I Stormwater Maintenance & Construction Worker 11 Technical Theater Coordinator Utility Systems Mechanic Utility Systems Technician Warehouse Associate Wastewater Utilities Crew Leader Wastewater Utilities Worker I Wastewater Utilities Worker 11 Water Meter Reader Page I 5 of 10 December 17, 2019, Item #4.215 of 19 Water Treatment Plant Operator I Water Treatment Plant Operator II Water Treatment Plant Operator Ill Water Utilities Crew Leader Water Utilities Worker I Water Utilities Worker 11 7. Reasonable Notice for CTO Article 7. Payroll and Work Week Section 3. Compensatory Time-Off (CTO) A. CTO Accumulation and Use The times at 'Nhich an employee may take compensatory time shall be determined by the department Director with due regard for the >.vishes of the employee and particular regard for the needs of the City. An employee wishing to use his/her accrued compensatory time off shall provide the City with reasonable notice. Reasonable notice is defined as at least ten (10) days. If reasonable notice is provided, the employee's request may not be denied unless it is unduly disruptive to the department to grant the request. A request to use compensatory time off without reasonable notice may still be granted within the discretion of the supervisor, manager, assistant director or director responsible for considering the request. Compensatory time off, in lieu of overtime, shall be taken as one and one half (1.5) hours off for each overtime hour worked. 8. ICMA 457 Loan Program Article 8. Benefits Section 6 -Deferred Compensation A. The City will provide a dollar-for-dollar match of, up to $800, for each employee's contributions to the 457 deferred compensation plan each year. B. The City agrees to implement the ICMA 457 Loan Program for conventional loans. 8.C. 401 (a) Plan 9. Additional One-Time Designated Holidays Article 6. Leaves Section 3 -Holidays Page I 6 of 10 December 17, 2019, Item #4.216 of 19 B. Additional One-Time Designated Holidays Monday, December 24, 2018 and Monday, December 31, 2018 will be observed as additional one time designated holidays. Thursday, December 26, 2019 and Thursday, December 24, 2020 will be observed as additional one-time designated holidays. 10. Vacation Use -First Six Months Article 6. Leaves Section 1 -Vacation A. Computing Annual Vacation Leave All employees in the unit shall be entitled to vacation leave with pay from date of hire, with pre-approval from the employee's supervisor. except those employees 'Nho have served less than six continuous months in the service of the City. 11. Vacation Use -First Six Months For Part-Time Employees Article 7. Leaves Section 1 -Vacation A. Computing Annual Vacation Leave 1. Part-time (half time) employees in the unit shall be eligible to receive vacation leave accrual after 24 months of employment accrue and utilize vacation leave, from the date of hire, with pre-approval from supervisor, as follows: 2. Part-time (three-quarter time) employees in the unit shall be eligible to recei>.«e vacation leave accrual after 18 months of employment accrue and utilize vacation leave, from the date of hire, with pre-approval from supervisor, as follows: 12. Meal Reimbursement Article 9. Special Pay Section 3 -Meal Reimbursement A. In the event an employee is required to work in excess of 12 consecutive hours, the City shall reimburse the cost of a meal in an amount not to exceed $42 $20, if a meal is not otherwise provided. For purposes of determining consecutive hours worked, meal and rest periods will be considered hours worked. The meal may be Page I 7 of 10 December 17, 2019, Item #4.217 of 19 purchased on the way home from work, if a meal was not provided during the working hours by the City. Reimbursement will only occur if appropriate documentation in the form of a meal reimbursement form receipts and hours worked on the reimbursement request (i.e. petty cash slip) are submitted by the employee to the supervisor. B. In the event an employee, who is not the assigned Standby employee, is called in by a supervisor to work on a closed Friday or weekend day and works more than 4 consecutive hours, the City shall reimburse the cost of a meal in an amount not to exceed $20, if a meal is not otherwise provided. The meal may be purchased on the way home from work, if a meal was not provided during the working hours by the City. Reimbursement will only occur if the appropriate documentation in the form of a meal reimbursement form and receipts and hours worked are noted on the reimbursement request (i.e. petty cash slip) are submitted by the employee to the supervisor. 13. Benefit Day Hours Article 6. Leaves Section 4 -Benefit Day Hours In addition to provisions for vacation, sick leave, and holidays set forth elsewhere herein, employees covered by this MOU shall be entitled to sixteen (16) eighteen (18) benefit day hours each fiscal year. Benefit day hours will be prorated based upon an employee's hire date. Eight (8) Nine (9) of the sixteen (16) eighteen (18) benefit day hours is are for Cesar Chavez Day which will remain as an unscheduled benefit day until 10 other cities in San Diego County close their offices in observance of this day, at which time it shall be observed as a fixed holiday on the day so designated. If Cesar Chavez Day becomes a fixed holiday as described herein, the number of benefit day hours shall be reduced to eight (8) nine (9). The times at which an employee may use benefit day hours shall be determined by the department Director with due regard for the wishes of the employee and particular regard for the needs of the City. Benefit day hours may be taken in one-hour increments. If not taken by the end of the second pay period in June, any remaining benefit day hours shall be forfeited. Employees who terminate employment shall be paid in a lump sum for the value of any remaining benefit day hours. [Part-Time Section:] section 4 -Benefit Day Hours In addition to provisions for vacation, sick leave, and holidays set forth elsewhere herein, each regular three-quarter time employee shall have available 4-2-thirteen and one-half (13.5) benefit day hours each fiscal year. Six and three-quarter hours (6. 75) of the ~ 13.5 benefit day hours are for Cesar Chavez Day which will remain as an unscheduled benefit day until 10 other cities in San Diego County close their offices in observance of this day, at which time it shall be observed as a fixed holiday on the day so designated. If Cesar Chavez Day becomes a fixed holiday as described herein, the number of benefit Page I 8 of 10 December 17, 2019, Item #4.218 of 19 day hours shall be reduced to six (6). Each regular half-time employee shall have available eight (8) nine (9) benefit day hours each fiscal year. Four and one-half (4.5) of the eight (8) nine (9) benefit day hours-is are for Cesar Chavez Day which will remain as an unscheduled benefit day until 10 other cities in San Diego County close their offices in observance of this day, at which time it shall be observed as a fixed holiday on the day so designated. If Cesar Chavez Day becomes a fixed holiday as described herein, the number of benefit day hours shall be reduced to four and one-half (4.5). Benefit day hours will be prorated based upon a new employee's hire date. The times at which an employee may use benefit day hours shall be determined by the department Director with due regard for the wishes of the employee and particular regard for the needs of the City. Benefit day hours may be taken in one-half hour increments. If not taken by the end of the second pay period in June of the fiscal year, any remaining benefit day hours shall be forfeited. Employees who terminate employment shall be paid in a lump sum for the value of any remaining benefit day hours. 14. Mechanic's Certification Article 9. Special Pay Section 10 -Equipment Mechanic Certification The City agrees to provide a one-time stipend of $1,000 to the Senior Equipment Mechanic and Equipment Mechanic who obtain the State of California Fire Mechanic II certification and $500 upon recertification of the State of California Fire Mechanic 11 certification. 15. Extend shift differential to weekend day shifts section s -Shift Differential A. Filtration Plant Employees Filtration Plant employees required to work the afternoon and evening shift (3:00 p.m. to 11 :00 p.m.) and the night shift (11 :00 p.m. to 7:00 a.m.) shall be entitled to receive shift differential pay of 7.5% in addition to their regular rate of pay. Filtration Plant employees assigned to work the forty-eight (48) hour weekend shifts shall receive shift differential while working from 7:00 a.m. to 3:00 p.m. or 3:00 p.m. to 11 :00 p.m. on Saturday and Sunday, and while working from 11 :00 p.m. to 7:00 a.m. on Saturday night and Sunday night. 16. MOU Language Clean Up Page I 9 of 10 December 17, 2019, Item #4.219 of 19 17. All other provisions of the existing Memorandum of Understanding will remain in full force and effect for the term of the agreements and as prescribed by the Myers-Millias Brown Act. ACCEPTED ON December 10, 2019 by: FOR GENERAL EMPLOYEE REPRESENTATIVES FOR CITY OF POWAY - Wendy Kaserman Page I 10 of 10