HomeMy WebLinkAbout2025-11-18; City Council; Resolution 2025-245Exhibit 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
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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
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