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Res 14-059RESOLUTION NO. 14 -059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING A SIDE LETTER AGREEMENT BETWEEN CITY OF POWAY AND CALIFORNIA TEAMSTERS, LOCAL 911 AND AN ADDENDUM TO THE MANAGEMENT /CONFIDENTIAL SALARY AND BENEFIT PLAN REGARDING HOLIDAY CLOSURES WHEREAS, the current Memorandum of Understanding (MOU) between the City and Non - Safety Employees is in effect through June 30, 2015; and WHEREAS, the current Salary and Benefit Plan for the Management/Confidential Group is in effect through June 30, 2015; and WHEREAS, the City wishes to close City Hall and other non - essential City facilities on specified dates; and WHEREAS, representatives of the California Teamsters Local 911 and the City of Poway met and conferred regarding the effects of the proposed closures. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: 1. City Hall and non - essential City facilities shall be closed on: a. Wednesday, December 24, 2014, 1:00 pm to 5:30 pm; b. Friday, December 26, 2014, 8:00 am to 5:00 pm; and c. Wednesday, December 31, 2014, 1:00 pm to 5:30 pm. 2. The Side Letter Agreement between the City of Poway and California Teamsters Local 911, attached hereto as Exhibit A, and the Addendum to the Salary and Benefit Plan for the Management/Confidential Group, attached hereto as Exhibit B, are hereby approved. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a regular meeting this 21 st day of Oct 2014. 'I" � On Don Higginson, Mayor ATTEST: Sheila . Cobian, CMC, City Clerk Resolution No. 14 -059 Page 2 STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, Sheila R. Cobian, City Clerk, of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. 14 -059 was duly adopted by the City Council at a meeting of said City Council held on the 21st day of October 2014, and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED ATTACHMENTS: Exhibit A Exhibit B CUNNINGHAM, VAUS, MULLIN, GROSCH, HIGGINSON I►[O7,1� NONE NONE Sheila . Cobian, CIVIC, City Clerk City of Poway SIDE LETTER AGREEMENT BETWEEN CITY OF POWAY AND CALIFORNIA TEAMSTERS, LOCAL 911 JULY 1, 2013 THROUGH JUNE 30, 2015 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 �� ,6i WHEREAS, the current Memorandum of Understan °ding (MOU) between the City and the Non - Safety Employees is in effect through Jun 61130`, 2015; and WHEREAS, both parties have agreed to °Ithe following, without prejudice to its position and without waiving any rights, includ 1111, to the law, Me ingbut not limited ers- Milias- y Brown Act, and the MOU; and III'' WHEREAS, both parties acknowledge tf "a the Cityl#l,holds certain management rights not necessarily within the scope of bargaining, arti u'��late8llopart in Artic1' 1 ,Section 3.0 City Rights, of the MOU. i `II =4I i NOW, THEREFORE, THE CIT 'AND �N�OWSAFETY EMPLOYEES HEREBY AGREE AS FOLLOWS: 1. City Hall and other no'n -ess ntial City facilities will be Iclo`sed on: a. Wednesday,December 24, 2014,131.00 pm to 5:30 pm; b. Friday, December 26;2014118:00 amito 5:00 pm; and I�I�r iii i 'I c: Wednesday, December 31, °,20114; 1:0,®ipm to 5:30 pm. 2. Actual `times may vary specific work schedules and normal facility hours. iii 3. These closures will not be observed as paid holidays. 4. Employees available leave hours (e.g., vacation, compensatory time, or benefit day) will be charged for this t`irrie:' x 5. If an employee has been employed with the City for less than six months, they will be given access to, and required to use, their benefit day hours. 6. If an employee has insufficient vacation, compensatory time, or benefit day hours, the time will automatically be charged as leave without pay after they have exhausted all available paid leave (other than sick leave). 7. If an employee is called to work during any of the closure times, and during what would have been their regularly scheduled work hours, they will not be charged leave for the hours worked. Exhibit A Example: If an employee works for 4 hours during what would have been their regularly scheduled work hours, they will be paid for the hours worked and will not be charged leave hours for that time. However, they will be charged leave for the remaining hours. 8. A two -hour minimum will be used for call -outs. Example: If a standby employee works for 45 minutes during what would have been their regularly scheduled work hours, they will not be charged leave for two hours. However, they will be charged leave for the remaining hours. 9. The City will seek measures to minimize the possibility,of call -outs during the closure dates /times. 10.At the discretion of the department director, sortie` employees may have to work due to ill;. ''I operational demands. I` l;a�, This agreement does not diminish or affect GtyIs rights as described�in the MOU. CALIFORNIA TEAMSTERS LOC� ` � 11 C`I , �OF POWAY AL19, TY Chester Mordasini Date'll Tina' White Date it Corey O'Reilly ?I} 1J' Craig Winder Gil Aguilar Date Harry Williamson Date Mike Estill Date i'ifil, ScottiEdwards Date Lisa Torres Date City of Poway ADDENDUM Management/Confidential Group Salary and Benefit Plan This addendum will be effective July 1, 2013 — June 30, 2015. 1. City Hall and other non - essential City facilities will be closed on: a. Wednesday, December 24, 2014, 1:00 pm to 5:30 pm; b. Friday, December 26, 2014, 8:00 am to 5:00 pm; and c. Wednesday, December 31, 2014, 1:00 pm to 5:30 pm. 2. Actual times may vary, depending on specific work schedules and normal facility hours. 3. These closures will not be observed as paid holidays. 4. Employees' available leave hours (e.g., vacation, compensatory time, or benefit day) will be charged for this time. 5. If an employee has been employed with the City for less than six months, they will be given access to, and required to use, their benefit day hours. 6. If an employee has insufficient vacation, compensatory time, or benefit day hours, the time will automatically be charged as leave without pay after they have exhausted all available paid leave (other than sick leave). 7. If an employee is called to work during any of the closure times, and during what would have been their regularly scheduled work hours, they will not be charged leave for the hours worked. 8. At the discretion of the department director, some employees may have to work due to operational demands. All other provisions of the existing Salary and Benefit Plan for the Management/Confidential Group will remain in effect. Exhibit B