Res 19-061 RESOLUTION NO. 19-061
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, 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.
Resolution No. 19-061
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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: MULLIN, LEONARD,' FRANK, GROSCH, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Steve Vaus, Mayor
ATTEST:
Faviola Medirk, CMC, City Clerk
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 Pu blic
Employees' Pension Reform Act (PEPRA) took effect.
B.Salary Range Adjustments -Utilities Positions
Article 5. Wages
Wages shall increase by three and one half peroent (3.5%) effective the beginning of
the pay period that includes July 1, 2017. The wage increase is contingent upon the
increase in employee PERS contributions set forth in Article 12, Retirement and Social
Security, of this Agreement.
VVages shall increase by two percent (2%) effective the beginning of the pay period
that includes July 1, 2018.
A Stipends
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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 ratific ation of the terms
of a successor MOU by Teamsters and approval by the City Council. To be eligible
Resolution No. 19-061
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EXHIBIT A
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
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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. ...
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1-,•r . n ·· .. ·uer :ma ,
Water Treatment Plant Operator I
Water Treatment Plant Operator II
Water Treatment Plant Operator Ill
Utility Systems Mechanic
Senior Utility Systems Mechanic
Utility Systems Technician
Senior Utility Systems Technician
Cross-Connection Specialist
Wastewater Utilities Worker I
Wastewater Utilities Worker 11
Wastewater Utilities Crew Leader
Water Utilities Worker I
Water Utilities Worker II
Water Utilities Crew Leader
Meter Reader
Customer Services Field Worker
Lead Customer Services Field Worker
Resolution No. 19-061
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EXHIBIT A
3.Probationary Period
Section 1 -Probation
Article 10. Service
All initial (new hire) appointments, including promotional appointments, shall be for a
probationary period of not less than six (6) twel11 e (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 (1 2) months of full-time employment (2080 hour s).
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 Z, payroll and work week
section 2 -Oyertjme
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.
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Resolution No. 19-061
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EXHIBIT A
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 comp uting 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 wear safety shoes. The list 1Nill be updated by January 1 of each year and on an as
needed basis, with the concurrence of the Union. Employees shall be provid ed
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 $200
$250 maximum.
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Resolution No. 19-061
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EXHIBIT A
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.
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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 Specialist/Inspector
Cross-Connection Specialist
Customer Services Field Worker
Engineering Inspector
Equipment Mechanic
Facilities Maintenance Crew Leader
Facilities Maintenance Technician I
Facilities Maintenance Technician II
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 II
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
Resolution No. 19-061
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EXHIBIT A
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. Compens atory Time-Off (CTO)
A.CTO Accumulation and Use
The times at which an employee may take compensatory time 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. An employee wishing to use his/her accrued compensatory time
off shall provide the City with reas onable notice. Reas onable 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 reas onable 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-d ollar match of, up to $800, for each employee's
contributi ons to the 457 deferred compensation plan each year.
B.The City agrees to implement the ICMA 457 Loan Program for conventional
loans.
B.C.401 (a) Plan
9.Additional One-Time Designated Holidays
Article 6. Leaves
Section 3 -Holidays
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Resolution No. 19-061
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EXHIBIT A
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 who
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 receive
vacation lea11 e 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 W $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
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Resolution No. 19-061
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EXHIBIT A
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:]
sect;on 4 -Benefit Pav Hours
In addition to provisions for vacation, sick leave, and holidays set forth elsewhere herein,
each regular three-quarter time employee shall have available 42-thirteen and one-half
(13.5) benefit day hours each fiscal year. Six and three-quarter hours (6. 75) of the 42-
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
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Resolution No. 19-061
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EXHIBIT A
day hours shall be reduced to si x (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 1 O other cities in San Diego County close their
of fices in observance of this day, at which time it shall be observed as a fixed holi day
on the day so desi gnated. If Cesar Chavez Day becomes a fi xed 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 termi nate
employment shall be paid in a lump sum for the value of any remaining benefit day hours.
14. Mec hanic's Certification
Article 9. Special Pay
Section 10 -Equ ipment Mechanic Certification
The City agrees to provide a one-time stipend of $1,000 to the Seni or Equi pment
Mechanic and Equipment Mechanic who obtain the State of California Fire Mechanic II
certification and $500 upon recerti fication of the State of California Fire Mechanic II
certification.
15. Extend shift diffe rential to weekend day shifts
sectjon s -Shift Differential
A. Filtration Plant Employees
Filtration Plant employees required to work the aft ernoon 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 add ition 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
ni ght.
16. MO U Langu age Clean Up
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Resolution No. 19-061
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EXHIBIT A
17. All ot her provisions of the existi ng Memorandum of Und erstand ing will
remain in fu ll force and effect fo r the term of the agree ments and as
prescribed by the Myers-Mil lias Brown Act.
ACC EPTED ON December 10. 2019 by:
FOR GENERAL EMPLOYEE REPRESENTATIVES FO R CITY OF POWAY
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Wendy Kaserman
Resolution No. 19-061
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EXHIBIT A