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Home My WebLink About2025-11-18; City Council; 02; Side Letter Agreement with the Carlsbad City Employees’ Association Regarding Confined Space Pay for SCADA & Instrumentation Technician and Senior SCADA & InstrumentationCA Review JRT Meeting Date: Nov. 18, 2025 To: Mayor and City Council From: Geoff Patnoe, City Manager Staff Contact: Jessica Dorsey, Human Resources Manager jessica.dorsey@carlsbadca.gov, 442-303-6559 Darrin Schwabe, Human Resources Director darrin.schwabe@carlsbadca.gov, 760-271-5548 Subject: Side Letter Agreement with the Carlsbad City Employees’ Association Regarding Confined Space Pay for SCADA & Instrumentation Technician and Senior SCADA & Instrumentation Technician Classifications Districts: All Recommended Action Adopt a resolution approving a side letter agreement between the City of Carlsbad and the Carlsbad City Employees’ Association amending Article 57 of the Carlsbad City Employees’ Association Memorandum of Understanding relating to confined space pay (hazard pay) to include SCADA & Instrumentation Technicians and Senior SCADA & Instrumentation Technicians. Executive Summary City employees classified as Sanitation System Operators, Wastewater Utility Workers, Utility Workers and Water Systems Operators currently receive confined space pay (hazard pay) under Article 57 of the city’s memorandum of understanding with the Carlsbad City Employees’ Association (CCEA). They qualify because their work regularly requires them to enter “permit- required” confined spaces, areas that can expose them to serious health or safety risks, such as hepatitis A and B.1 Staff recommend extending this same pay to employees classified as SCADA & Instrumentation Technicians and Senior SCADA & Instrumentation Technicians. These employees will now be required to regularly enter confined spaces as part of their work, like those in the other classifications. 1 Permit-required areas are confined areas with hazards such as toxic air, engulfment risk or other dangers that require special entry procedures and a California Division of Occupational Safety and Health permit. Nov. 18, 2025 Item #2 Page 1 of 6 Docusign Envelope ID: CDA7EC4A-AF53-4A68-AD9D-FADCE1954EA3 SCADA, which stands for supervisory control and data acquisition, is the system the city uses to monitor and control water and wastewater infrastructure, including pumps, tanks and treatment facilities. Explanation & Analysis Representatives of the city and CCEA have met and conferred in good faith and have reached an agreement to update their memorandum of understanding to include confined space pay for employees classified as SCADA & Instrumentation Technician and Senior SCADA & Instrumentation Technician. Changes to the memorandum of understanding are as follows: Effective upon execution of the side letter agreement, for performing hazardous activities, employees classified as SCADA & Instrumentation Technician and Senior SCADA & Instrumentation Technicians will also receive pay equal to five percent (5%) of the employees’ base salary as special compensation that is reportable to CalPERS. The current term of the city’s memorandum of understanding with the CCEA is from Jan. 1, 2023, to Dec. 31, 2025. Fiscal Analysis There is currently one full-time equivalent position in the budget to be filled as a SCADA & Instrumentation Technician or a Senior SCADA & Instrumentation Technician. The annual cost of adding confined space pay to the currently budgeted position is about $6,700. Confined space pay is 5% of base salary. (Additional pay that impacts base salary also impacts benefits). Next Steps Staff will revise Article 57 of the CCAE memorandum of understanding regarding confined space pay and implement the confined space pay for SCADA & Instrumentation Technician and Senior SCADA & Instrumentation Technicians. Environmental Evaluation The proposed action is not a “project” as defined by California Environmental Quality Act Section 21065 and CEQA Guidelines Section 15378(b)(2) and (5) and does not require environmental review under CEQA Guidelines Section 15060(c)(3) as it is a government organizational or administrative activity that will not result in direct or indirect physical changes in the environment. Exhibits 1.City Council resolution Nov. 18, 2025 Item #2 Page 2 of 6 Docusign Envelope ID: CDA7EC4A-AF53-4A68-AD9D-FADCE1954EA3 Exhibit 1 RESOLUTION NO. 2025-245 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SIDE LETTER AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD CITY EMPLOYEES’ ASSOCIATION AMENDING ARTICLE 57 OF THE CARLSBAD CITY EMPLOYEES’ ASSOCIATION MEMORANDUM OF UNDERSTANDING RELATING TO CONFINED SPACE PAY (HAZARD PAY) TO INCLUDE SCADA & INSTRUMENTATION TECHNICIANS AND SENIOR SCADA & INSTRUMENTATION TECHNICIANS WHEREAS, representatives of the City of Carlsbad and the Carlsbad City Employees’ Association (CCEA) have met and conferred in good faith pursuant to the Meyers-Milias-Brown Act (Cal. Government Code, § 3500 et seq.) regarding adding confined space pay for employees in the SCADA & Instrumentation Technician and Senior SCADA & Instrumentation Technician classifications to the CCEA memorandum of understanding; and WHEREAS, said representatives have reached an agreement which they desire to submit to the City Council for consideration and approval; and WHEREAS, the City Council of the City of Carlsbad, California has determined the need to accept such agreement in the form of a side letter agreement (Attachment A). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.That the proposed action is not a “project” as defined by California Environmental Quality Act Section 21065 and CEQA Guidelines Section 15378(b)(2) and (5) and does not require environmental review under CEQA Guidelines Section 15060(c)(3) as it is a government organizational or administrative activity that will not result in direct or indirect physical changes in the environment. 3.That the side letter between the City of Carlsbad and CCEA (Attachment A) is hereby approved, and the City Manager is authorized to execute the side letter on behalf of the City. Nov. 18, 2025 Item #2 Page 3 of 6 Docusign Envelope ID: CDA7EC4A-AF53-4A68-AD9D-FADCE1954EA3 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 18th day of November, 2025, by the following vote, to wit: AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin. NAYS: None. ABSTAIN: None. ABSENT: None. ______________________________________ KEITH BLACKBURN, Mayor ______________________________________ SHERRY FREISINGER, City Clerk (SEAL) Nov. 18, 2025 Item #2 Page 4 of 6 Docusign Envelope ID: CDA7EC4A-AF53-4A68-AD9D-FADCE1954EA3 Attachment A SIDE LETTER AGREEMENT BETWEEN THE THE CARLSBAD CITY EMPLOYEES’ ASSOCIATION AND THE CITY OF CARLSBAD RELATING TO CONFINED SPACE PAY The City of Carlsbad (hereinafter referred to as “city”) and the Carlsbad City Employees’ Association (hereinafter referred to as the “CCEA”) entered into a Memorandum of Understanding (“MOU”) with a term beginning on January 1, 2022, and terminating on December 31, 2025. The city and CCEA are collectively referred to herein as the “Parties.” The Parties now enter into this Side Letter of Agreement (“Agreement”) as an amendment to the MOU. Background and Overview This Agreement modifies the MOU to add SCADA & Instrumentation Technician and Senior SCADA & Instrumentation Technician classifications to the approved classifications to receive confined space pay. The modifications identified below are in line with the practice of paying an additional 5% confined space pay to CCEA members in positions that require routine and consistent permit-required entries into confined spaces defined by Cal-OSHA. The Parties have satisfied their obligations to meet and confer in good faith in accordance with the Meyers-Milias-Brown Act (“MMBA”). Based on the above, the city has proposed and the CCEA has agreed to modify Article 57 of the CCEA MOU to state the following: Article 57 Confined Space Pay Employees classified as Sanitation System Operators and Wastewater Utility Workers must routinely and consistently make permit-required entries into confined spaces which Cal-OSHA characterizes as (1) containing or having a potential to contain a hazardous atmosphere; (2) containing a material that has the potential for engulfing an entrant; (3) having an internal configuration such that an entrant could be trapped or asphyxiated by inwardly converging walls or by a floor which slopes downward and tapers to a smaller cross section; or (4) containing any other recognized serious safety or health hazard. For performing these activities, employees in these classifications shall receive pay equal to five percent of the employees’ base salary as special compensation that is reportable to CalPERS. Effective the first pay period in calendar year 2023 employees classified as Utility Workers and Water Systems Operators will also receive this pay. Effective ____employees classified as SCADA & Instrumentation Technician and Senior SCADA & Instrumentation Technician will also receive this pay. Nov. 18, 2025 Item #2 Page 5 of 6 Docusign Envelope ID: CDA7EC4A-AF53-4A68-AD9D-FADCE1954EA3 2 CITY OF CARLSBAD: Date: MAYRA TURCHIANO, PRESIDENT, CARLSBAD CITY EMPLOYEES’ ASSOCIATION Date: GEOFF PATNOE, CITY MANAGER, CITY OF CARLSBAD Date: Approved as to form, CITY ATTORNEY Nov. 18, 2025 Item #2 Page 6 of 6 Docusign Envelope ID: CDA7EC4A-AF53-4A68-AD9D-FADCE1954EA3 11/19/2025 11/19/2025 11/19/2025