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RES-11030 Letter of Understanding For Water Division EmployeesRESOLUTION 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 64,A ADOPTED this 24 day of October 2017. c:> , Teresa t Smith, Mayor, City of Orange ATTEST: Mary E. rphy, City Clerk, City o ge STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ORANGE I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the 24 day of October 2017, by the following vote: AYES: COUNCIL MEMBERS: Alvarez, Whitaker, Smith, Murphy, Nichols NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None Mary E. , City Clerk, Cit o range Resolution No. 11030 2 8311880.1 OR020 -068 EXHIBIT "A" A LETTER OF UNDERSTANDING BETWEEN THE CITY OF ORANGE AND THE WATER DIVISION EMPLOYEES' ASSOCIATION EFFECTIVE JULY 1, 2017 THROUGH DECEMBER 31, 2019. This Letter of Understanding ( "LOU ") is entered into by and between the City of Orange and the Water Division Employees' Association. Recitals A. The City of Orange (hereafter, "City ") and the Water Division Employees' Association ( "OMCEA ") hereby enter into this LOU effective July 1, 2017. B. The parties agree to incorporate the language addressed in this LOU into a new Memorandum of Understanding ( "New MOU "), once both parties have the opportunity to review and concur on any and all language changes that will become part of the New MOU. A New MOU document will be presented to the City Council at a future meeting for its approval. C. All references to the "MOU" in this LOU shall be to that Memorandum of Understanding by and between the City and OMCEA adopted by City Council Resolution No. 11030. Except as to those provisions which expressly expired and/or those provisions expressly addressed by this LOU, the terms and conditions of the MOU remain operative until the New MOU is approved and adopted. Agreement 1. Term and Effective Date. The term of this LOU shall be from July 1, 2017 to December 31, 2019 and will become effective upon ratification by the WDEA membership and approval of the City Council. 2. Salary (MOU Appendix "A "). 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 ". 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 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 Resolution No. 11030 3 8311880.1 OR020 -068 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 OMA, OMEA, 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 New MOU, then this unit shall receive the same. 3. Medical Insurance (MOU Article XVI, Section 1B) 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. 4. Vacation Conversion (MOU Article XII, Section 3) 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 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. 5. Educational/Wellness Reimbursement (MOU Article XVII, New Section 4) 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 Resources Director. 1) Membership in a health/fitness club. 2) Participation in a weight loss /stop smoking /wellness /fitness program. Resolution No. 11030 4 8311880.1 OR020 -068 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. 6. Standby Pay (MOU Article X, Section 13). 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 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, and 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. 7. Special Assignment, Crane Operator (MOU Article III, New Section 12). 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 designee. Water Division personnel so assigned and performing 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 Ca1PERS as special compensation and therefore compensation earnable pursuant to California Public Employees' Retirement System (PERS) Regulations, Section 571(a)(4). 8. Vacation (MOU Article XII, Section 1). 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 1 104 4 112 5 through 10 120 11 128 12 136 Resolution No. 11030 5 8311880.1 OR020 -068 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 9. Lanimaze Clean-up/Other. Implement mutually agreed language clean -up to conform MOU to current practices or agreements. 10. Status of MOU. 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 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 June 30, 2019. Resolution No. 11030 6 8311880.1 OR020 -068 City of Orange Dated: 1 By: Qi 4- Tere a E. Smith, Mayor Attest: Mary E. City Clerk Approved as to form: Laura J. Kalty Special Counsel for the City Water Division Employees' Association Dated: ( 1 q l By: Terry Remyn, President By: 14 Scott Gere, Vice President By: " / — Fenton, Secretary By: Hector Medina, Treasurer Resolution No. 11030 8; 11880.1 OR020 -068 Appendix " A " City of Orange Water Division Employees' Association Schedule of Lump Sum Payments Lump Sum Payment Classification Title Upon Council Approval July 2018 July 2019 Senior Water Meter Service Wkr 1,283.28 1 1283.28 641.64 Skilled Maintenance Wkr -Water 1,264.08 1,264.08 632.04 Water Maintenance Leadworker 1,396.80 1,396.80 698.40 Water Maintenance Worker I 1,040.64 1,040.64 520.32 Water Maintenance Worker II 1,149.84 1,149.84 574.92 Water Meter Service Worker 1 1,083.12 1,083.12 541.56 Water Meter Service Worker II 1,196.64 1,196.64 598.32 Water Plant Operator 1 1,226.88 1,226.88 613.44 Water Plant Operator II 1,355.52 1,355.52 677.76 Water Yard Storekeeper 1,208.64 1,208.64 604.32 Resolution No. 11030 8 8311880.1 OR020 -068