Loading...
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: =-- /~ / 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 ~~~~ ~G.;)tJ\..b ~ ~ .M.'(~ !:W4f{ Date: Date ~ I~ CJ66f7 tw.. .r:/~ rN ~ L c7l:IL t ,..Le. .j I P'\. IC/W.1C 1)",.,... '<;l.. o.-rh"....n'.)!:. 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. ok t-;~ Chester Mordasini CITY OF POWA Y &-r-o:=, Date ~Yh ~tCiu-"-tL Tina White (p -3'00) Date Stephanie a moo &'~ft& ()'~;JO~ cCe~ ~ ~ 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.