Res 09-035
RESOLUTION NO. 09-035
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA,
APPROVING SIDE LETTERS TO THE MEMORANDA OF UNDERSTANDING
BETWEEN THE CITY AND THE POWAY FIREFIGHTERS' ASSOCIATION
REPRESENTING SAFETY EMPLOYEES AND
TO THE CALIFORNIA TEAMSTERS LOCAL 911
REPRESENTING NON-SAFETY EMPLOYEES AND
APPROVING AN ADDENDUM TO THE SALARY AND BENEFIT PLAN
FOR MANAGEMENT/CONFIDENTIAL EMPLOYEES
WHEREAS, representatives of the Poway Firefighters' Association have met and
conferred in good faith with representatives of the City of Poway in accordance with
Government Code Section 3500 in an attempt to reach a memorandum of understanding
regarding wages, hours, and other terms and conditions of employment; and
WHEREAS, representatives of the California Teamsters Local 911 have met and
conferred in good faith with representatives of the City of Poway in accordance with
Government Code Section 3500 in an attempt to reach a memorandum of understanding
regarding wages, hours, and other terms and conditions of employment; and
WHEREAS, as a result of these meetings recommended Side Letters to the
memoranda of understanding have been prepared; and
WHEREAS, it is necessary to designate the salaries and benefits of the
management, supervisory, professional and confidential employees of the City of Poway;
and
WHEREAS, the City Council of the City of Poway wishes to adopt said Side Letters
and the Addendum to the Salary and Benefit Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
1. That the Side Letter Agreement between City of Poway and Poway
Firefighters' Association, for the period July 1,2009 through June 30, 2010
attached hereto as Exhibit A, is hereby adopted.
2. That the Side Letter Agreement between City of Poway and the California
Teamsters Local 911, for the period July 1, 2009 through June 30,2010
attached hereto as Exhibit B, is hereby adopted.
3. That the Addendum to the ManagemenUConfidential Group Salary and
Benefit Plan, for the period July 1, 2009 through June 30, 2010 attached
hereto as Exhibit C, is hereby adopted.
RESOLUTION #09-035
Page 2
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a
regular meeting this 16th day of June, 2009.
~~~
Don Higginson, Mayor
ATTEST:
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/ Lin . Tr yan, MMC
/
ity ClerK, City of Poway
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Linda A. Troyan, City Clerk of the City of Poway, do hereby certify under penalty of
perjury that the foregoing Resolution No. 09-035 was duly adopted by the City Council at a
meeting of said City Council held on the 16th day of June, 2009, and that it was so adopted
by the following vote:
AYES: Cunningham, Boyack, Kruse, Higginson
NOES: None
ABSENT: Rexford
DISQUALIFIED: None
a Troyan, MMC
City Clerk, City of Poway
SIDE LETTER AGREEMENT BETWEEN
CITY OF POW A Y AND POW A Y FIREFIGHTERS' ASSOCIA nON
JULY 1,2009 THROUGH JUNE 30, 2010
Whereas, the City of Poway ("City") is the employer of City of Poway employees; and
Whereas, the Poway Firefighters' Association represents certain City employees (Safety Unit); and
Whereas, the current Memorandum of Understanding (MOU) between the City and the Safety Unit is in
effect through June 30, 2009; and
Vihereas, in an effort to help the City preserve services to the community, both parties have agreed to the
following, without prejudice to its position and without waiving any rights, including but not limited to, the
law, Meyers-Milias-Brown Act, and the MOU; and
Whereas, both parties desire to operate under the provlslOns of the existing MOU, subject to certain
conditions, for the period July 1, 2009 through June 30, 20 I 0; and
Whereas, both parties acknowledge that the City holds cettain management rights not necessarily within the
scope of bargaining, articulated in part in Article I, Section 38 City Rights, of the MOU.
Now, therefore, the City and the Safety Unit hereby ee as follows:
.J. II,
9, all ~ployees within the Safety Unit will pay 3% of their
e "member contribution" portion of their CalPERS retirement
11-
1. Effective pay period ending July yr,
salary (excluding overtime) toward
account.
2. For the period July I, 2009 through June 30, 2010, City will not overhire beyond the number of
approved Safety positions, which is currently at forty-eight (48) positions. Parties may meet and
confer on this provision upon mutual agreement.
3. This agreement does not diminish or affect City's rights as described in the MOU.
CITY OF POWA Y POWA Y FIREFIGHTERS' ASSOCIATION
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SIDE LETTER AGREEMENT BETWEEN
CITY OF POWA Y AND CALIFORNIA TEAMSTERS, LOCAL 911
JULY 1.2009 THROUGH JUNE 30.2010
Whereas, the City of Poway ("City") is the employer of the City of Poway employees; and
Whereas, the California Teamsters, Local 911 represents certain City employees (Non-Safety
Employees); and
Whereas, the current Memorandum of Understanding (MOU) between the City and the Non-
Safety Employees is in effect through June 30, 2009; and
Whereas, in an effort to help the City preserve services to the community, both parties have
agreed to the following, without prejudice to its pos~ion and without waiving any rights, including
but not limited to, the law, MeyerscMilias-Brown Act, and the MOU; and
Whereas both parties desire to operate under the provisions of the existing MOU, subject to
certain conditions, for the period July 1, 2009 through June 30, 2010; and
Whereas, both parties acknowledge that the City holds certain management rights not
necessarily within the scope of bargaining, articulated in part in Article 1 , Section 3C. City
Rights, of the MOU. .
Now, therefore, the City and the Non-Safety Employees hereby agree as follows:
1. For the period July 1, 2009 through June 30, 2010, City agrees that it shall continue to pay
100% of Non-Safety Employee's health benefit premiums and 50% of the cost of
dependent coverage for medical and dental. City and Non-Safety Employees agree to
work with the City Insurance Committee to keep the overall cost of health premium
increases at or below ten percent by implementing plan design changes as needed.
2. Effective July 1, 2009, Non-Safety Employees may accumulate compensatory time off
(CTO) to a maximum of 80 hours.
a. Once an employee uses CTO and brings the balance below 80 hours, the
employee may again accrue CTO hours up to the 80-hour cap.
b. The department Director or designee shall determine the times at which an
employee may take eTa with due regard for the wishes of the employee and
particular regard forthe needs of the City.
c. An employee's CTO balance will be cashed out to zero in the final pay period of
the fiscal year at the employee's then rate of pay.
d. Employees shall have the option to request a carry-over of up to 40 hours of
CTO at the end of the fiscal year. Such requests must be made in writing to the
Human Resources Manager no later than June 1st or the soonest business day
thereafter. All hours over the amount approved for carry-over will be cashed out
at the employee's then rate of pay.
3. Effective July 1, 2009, benefit day hours may be taken in one-hour increments. The times
at which a Non-Safety Employee may take benefit day hours shall be determined by the
department Director or designee with due regard for the wishes of the employee and
particular regard for the needs of the City.
4. City will evaluate if there are any modifications that can be made to the PARS supplement
retirement benefits that would address the Non-Safety Employees' concerns with an eye
towards cost-neutrally. City agrees to meet with the Non-Safety Employees'
representatives by or before July 15, 2009 to discuss the results of such evaluation.
5. Effective pay period ending July 12, 2009, each Non-Safety Employee will contribute 3%
of their PERSable salary on a pre-tax basis towards the "member contribution" portion of
their CalPERS retirement account.
6. Effective June 8. 2009 through June 30, 2010, there will be no layoffs of current Non-
Safety Employees. If a Non-Safety Employee classification becomes vacant, the City
retains the management right to determine if the vacant position will be filled.
7. This agreement does not diminish or affect City's rights as described in the MOU
CALIFORNIA TEAMSTERS.
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Chester Mordasini
CITY OF POWA Y
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Tina White
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Stephanie a moo
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Cr Inder
City of Poway
ADDENDUM
ManagemenUConfidential Group
Salary and Benefit Plan
1. This addendum will be effective July 1, 2009 - June 30, 2010.
2. Effective July 1, 2009, employees may accumulate compensatory time off (CTO) to
a maximum of SO hours.
a. Once employee uses CTO and brings the balance below SO hours, the
employee may again accrue CTO hours up to the SO-hour cap.
b. The department Director or designee shall determine the times at which
an employee may take CTO with due regard for the wishes of the
employee and particular regard for the needs of the City.
c. An employee's CTO balance will be cashed out to zero in the final pay
period of the fiscal year at the employee's then rate of pay.
d. Employees shall have the option to request a carry-over of up to 40 hours
of CTO at the end of the fiscal year. Such requests must be made in
writing to the Human Resources Manager no later than June 1, or the
soonest business day thereafter. All hours over the amount approved for
carry-over will be cashed out at the employee's then rate of pay.
3. Effective July 1, 2009, benefit day hours may be taken in one-hour increments. The
times at which an employee may take benefit day hours shall be determined by the
department Director or designee with due regard for the wishes of the employee and
particular regard for the needs of the City.
4. Effective pay period ending July 12, 2009, all employees within the
ManagemenUConfidential group will pay 3% of their salary (excluding overtime) on a
pre-tax basis towards the "member contribution" portion of their CalPERS retirement
account.
5. Effective July 1, 2009, automobile allowance will be $300 for employees in Group 1
and $160 for employees in Group 2A. The City Manager may grant a $160 per
month automobile allowance to employees outside Groups 1 and 2A when, at
his/her best judgment, it serves the City. The City Manager may at his/her discretion
increase the $160 per month automobile allowance by a maximum of $100 based
upon excessive driving requirements for an individual position.
6. All other provisions of the existing Salary and Benefit Plan for the City of Poway
ManagemenUConfidential Group will remain in effect.