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SR - RES-11030 - LETTER OF UNDERSTANDING EFFECTIVE JULY 1 2017 TO DECEMBER 31 20191. SUBJECT Resolution No. 11030 — A Resolution of the City Council of the City of Orange Establishing a Letter of Understanding between the City of Orange and the Water Division Employees' Association Effective July 1, 2017 to December 31, 2019. 2. SUMMARY Resolution No. 11030 establishes a Letter of Understanding between the City of Orange and the Water Division Employees' Association effective July 1, 2017 to December 31, 2019. Details of this agreement are provided under Section 6, "Discussion and Background" below. 3. RECOMMENDED ACTION Approve Resolution No. 11030. 4. FISCAL IMPACT Costing Summa : Fiscal Year 2017 -18 Cost Description Water Fund Cost of One -Time Lump Sum Payments $33,500 Cost for Negotiated Benefits $23,800 Total Annual Cost $57,300 Fiscal Year 2018 -19 Cost Description Water Fund Cost of One -Time Lump Sum Payments $33,500 Cost for Negotiated Benefits $46,300 Total Annual Cost $79,800 Fiscal Year 2019 -20 Cost Description Water Fund Cost of One -Time Lump Sum Payments $16,700 Cost for Negotiated Benefits $57,500 Total Annual Cost $74,200 5. STRATEGIC PLAN GOAL(S) 1. Provide for a safe community. a. Provide staffing and resources to deliver services that ensure public safety. 2. Be a fiscally healthy community. a. Expend fiscal resources responsibly. 6. DISCUSSION and BACKGROUND In March 2017, the City began the collective bargaining process with the Water Division Employees' Association. The prior contract between the parties expired on June 30, 2017. On October 10, 2017, the parties reached agreement on the terms and conditions of a new two and a half year labor contract that includes the following: Term of Agreement I Effective July 1, 2017 through December 31, 2019 ITEM 2 10/24/17 ITEM 3 10/24/17 Effective October 20, 2017, the first full pay period in July 2018, and the first full pay period in July 2019, employees shall receive lump -sum payments in accordance with the Schedule attached as Appendix "A ". The lump -sum payment is equal to approximately 2% of top -step for each classification in October 2017 and July 2018, and approximately 1% of top -step for each classification in July 2019. Only employees that are active (employed by the City) during the pay period that a lump -sum payment is to be made are eligible for such payments. Payments will be according to the classification the Salary member is in at the time the lump -sum payment is made. Members in an acting position at the time of the lump -sum payment will receive the amount for their acting classification, regardless of whether their acting classification is within WDEA. Part-time, benefitted employees will receive a pro -rata share equivalent to their FTE classification in payroll at the time of the payment (e.g., a 25 -hour employee will receive 62.5% of the lump sum amount — 25 -hour employees are a 0.625 FTE). If OMEA, OMA, and/or OMCEA receive any increase in salary, including base salary, lump sum payments, and/or step increases, and/or medical insurance greater than this unit in the fiscal years covered by the MOU, then this unit shall receive the same. Modify Article XVI, Section 1B of the MOU to provide that the City's contribution shall be increased by $75 effective January 1, 2018 and increased by an additional $75 effective January 1, 2019. Medical Insurance Insurance Effective 1 2-Party Family Waiver Current $845 $1,220 $1,445 $845 January 1, 2018 $920 $1,295 $1,520 $920 January 1, 2019 $995 $1,370 $1,595 $995 ITEM 3 10/24/17 ITEM 4 10/24/17 Effective July 1, 2017, an employee may convert up to 50% of his/her current annual vacation accrual into cash in lieu of time off with pay during the 2017 -2018 fiscal year. An employee requesting such a conversion must meet the eligibility requirements as set forth in Section 1, and may so convert twice during the 2017 -2018 fiscal year. Effective July 1, 2018, an employee may convert up to 50% of his /her current annual vacation accrual into cash in lieu of time off with pay during the 2018 -2019 fiscal year. An employee Vacation Conversion requesting such a conversion must meet the eligibility requirements as set forth in Section 1, and may so convert twice during the 2018 -2019 fiscal year. Effective July 1, 2019, an employee may convert up to 50% of his /her current annual vacation accrual into cash in lieu of time off with pay during the 2019 -2020 fiscal year. An employee requesting such a conversion must meet the eligibility requirements as set forth in Section 1, and may so convert twice during the 2019 -2020 fiscal year. Effective July 1, 2017, the parties agree to amend Article XVII, Section 4 to provide as follows: The City agrees to allow reimbursement to employees of up to $375.00 of the $600.00 allotted per fiscal year towards reimbursement for items 1, 2 and/or 3 below. Requests must be approved, prior to purchase or participation, by the Human Educational/ Wellness Resources Director. Reimbursement 1) Membership in a health/fitness club. 2) Participation in a weight loss /stop smoking /wellness /fitness program. 3) Fitness equipment (home gym equipment). The City will not reimburse employees for any of the above listed activities for family /dependent health related expenses. ITEM 4 10/24/17 ITEM 5 10/24/17 Effective October 1, 2017, amend Article X, Section 13, to provide as follows: SECTION 10. Standby Pay. Employees, assigned by Management to standby status after their regular work hours, will Standby Pay receive two (2) hours per day (Monday through Friday) of standby pay at their straight time hourly rate, or three (3) hours per day for Saturdays, Sundays, Holidays, days where the City closes services (i.e., Holiday Closure), and regular days off (i.e., the employee's scheduled Friday off as part of the 9/80 schedule). Employees must be capable of performing all duties that would be required if called back to work. Effective upon execution of this agreement, Article III, Section 12 shall be amended as follows: The Public Works — Water Division shall establish special assignments as Crane Operators. Public Works Water Division employees covered by the terms and conditions of this agreement may be so assigned at the discretion of the Department Head or Special Assignment, Crane designee. Water Division personnel so assigned and performing Operator these and related duties shall receive $50 per month during the period of such special assignment. An employee who possesses a crane operator certification, but is not so assigned, will not receive this special assignment pay. This form of compensation, also referred to as "Heavy /Special Equipment Operator Premium" shall be reported to CalPERS as special compensation and therefore compensation earnable pursuant to California Public Employees' Retirement System (PERS) Regulations, Section 571(a)(4). ITEM 5 10/24/17 The Association took this to a vote of their membership and ratified the proposal on October 10, 2017. Council approval is required to finalize this agreement in the form of a Letter of Understanding. ITEM 6 10/24/17 Effective upon execution of this agreement, Article XII, Section 1 shall be amended as follows: SECTION 1. Vacation Accrual. All full -time, regular employees accrue paid vacation in accordance with the following Vacation Accrual Chart: After Year(s) Vacation Hours of service Per Year 1 80 2 96 3 104 4 112 Vacation 5 through 10 120 11 128 12 136 13 144 14 152 15 160 16 164 17 168 18 172 19 176 20 180 21 184 22 188 23 192 24 or more 200 Implement mutually agreed language clean -up to conform MOU Language Cleanup /Other to current practices or agreements. Except as specifically provided and amended herein, the terms and conditions of the MOU shall govern the provisions of wages, salaries and other benefits for all covered employees. This LOU Status of MOU shall not be interpreted to extend and/or limit any other rights, benefits, or compensation of either party except as specifically provided herein and both this LOU and the New MOU shall expire on December 31, 2019. The Association took this to a vote of their membership and ratified the proposal on October 10, 2017. Council approval is required to finalize this agreement in the form of a Letter of Understanding. ITEM 6 10/24/17 7. ATTACHMENTS • Resolution No. 11030 (Letter of Understanding) — Exhibit "A" • Lump Sum Allocation Table — By Classification — Appendix "A" ITEM 7 10/24/17 RESOLUTION NO. 11030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE ESTABLISHING A LETTER OF UNDERSTANDING BETWEEN THE CITY OF ORANGE AND THE WATER DIVISION EMPLOYEES' ASSOCIATION EFFECTIVE JULY 1, 2017 THROUGH DECEMBER 31, 2019 WHEREAS, the City of Orange, hereinafter referred to as "City," and the Water Division Employees' Association have met and conferred in accordance with the requirements of the Meyers - Milias -Brown Act; and WHEREAS, the City and the Water Division Employees' Association have reached agreement on wages, salaries, and other terms and conditions of employment effective July 1, 2017 through December 31, 2019; and WHEREAS, the City Council of the City of Orange has consulted with its Chief Negotiator concerning the proposed employment terms contained in the attached Letter of Understanding; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that the attached Letter of Understanding is approved and incorporated by reference as Exhibit "A." ADOPTED this _day of October 2017. Teresa E. Smith, Mayor of the City of Orange ATTEST: Mary E. Murphy, City Clerk of the City of Orange 1 8311880.1 OR020 -068 CITY COUNCIL MINUTES OCTOBER 24, 2017 3. CONSENT CALENDAR (Continued) 3.20 Approval of the submittal of funding applications to the Orange County Transportation Authority. Resolution No. 11027. (T2200.0) A Resolution of the City Council of the City of Orange approving the submittal of funding applications to the Orange County Transportation Authority for funding under the comprehensive transportation funding program. ACTION: Approved Resolution No. 11027. 3.21 Letter of Understanding between the City of Orange and the Orange Management Association (OMA) effective July 1, 2017, to December 31, 2019. Resolution No. 11029. (C2500.J.4.2.1) A Resolution of the City Council of the City of Orange establishing a Letter of Understanding between the City of Orange and the Orange Management Association (OMA) effective July 1, 2017, to December 31, 2019. ACTION: Approved Resolution No. 11029. 3.22 Letter of Understanding between the City of Orange and the Orange Water Division Employees' Association effective July 1, 2017, to December 31, 2019. Resolution No. 11030. (C2500.J.4.4.1) A Resolution of the City Council of the City of Orange establishing Letter of Understanding between the City of Orange and the Orange Water Division Employees' Association effective July 1, 2017, to December 31, 2019. ACTION: Approved Resolution No. 11030. 3.23 Letter of Understanding between the City of Orange and the Orange Maintenance and Crafts Employees' Association (OMCEA) effective July 1, 2017, to December 31, 2019. Resolution No. 11035. (C2500.J.4.4) A Resolution of the City Council of the City of Orange establishing a Letter of Understanding between the City of Orange and the Orange Maintenance and Crafts Employees' Association effective July 1, 2017, to December 31, 2019. ACTION: Approved Resolution No. 11035. 3.24 Letter of Understanding between the City of Orange and the Orange City Fire Fighters, Inc. Local 2384 of the International Association of Fire Fighters, AFL -CIO effective July 1, 2017, to June 30, 2019. Resolution No. 11036. (C2500.J.4.3) A Resolution of the City Council of the City of Orange establishing a Letter of Understanding between the City of Orange and the Orange City Fire Fighters, Inc. Local 2384 of the International Association of Fire Fighters, AFL -CIO effective July 1, 2017, to June 30, 2019. ACTION: Approved Resolution No. 11036. PAGE 8