HomeMy WebLinkAbout2020-05-19; City Council; Resolution 2020-088RESOLUTION NO. 2020-088
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
APPROVING A SIDE LETTER AGREEMENT WITH THE CARLSBAD CITY EMPLOYEES'
ASSOCIATION (CCEA) TO AMEND THE PARTIES' MEMORANDUM OF
UNDERSTANDING TO ADD ARTICLE 58 REGARDING CONFINED SPACE PAY AND
MODIFY ARTICLE 18, SECTION D, REGARDING SAFETY FOOTWEAR
WHEREAS, 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 regarding benefits and other terms and
conditions of employment; and
WHEREAS, said representatives have reached agreements regarding confined space hazard pay and
safety footwear reimbursement 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
agreements in the form of a side letter agreement amending the City's Memorandum of Understanding with
the CCEA.
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 Side Letter Agreement Between the Carlsbad City Employees' Association and the
City of Carlsbad Related to Confined Space Hazard Pay and Safety Footwear (Attachment A)
is adopted by the City Council and the city manager is directed to execute it.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on
the 19th day of May 2020, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Schumacher.
None.
None.
May 19, 2020 Item #3 Page 3 of 5
· Attachment A
SIDE LETTER AGREEMENT
BETWEEN
THE CARLSBAD CITY EMPLOYEES' ASSOCIATION
AND
THE CITY OF CARLSBAD
RELATEDTOCONFINEDSPACEPAYANDSAFETYFOOTWEAR
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, 2018 and terminating on
December 31, 2020. The city and the CCEA are collectively referred to herein as the "Parties."
Background and Overview
Sanitation System Operators and Wastewater Utility Workers are routinely and consistently
required to make permit-required·confined space entries, which expose them to safety or health
risks, including Hepatitis A, Hepatitis B, and more recently, COVID-19. Th.is Agreement
modifies the MOU to add confined space pay for these employees.
The Agreement also modifies the MOU to increase the safety footwear allowance provided to
• CCEA employees required by the City to wear safety footwear.
The specific provisions contained in this Agreement are intended to supersede any previous
agreements, whether oral or written, regarding the matters contained in this Agreement.
· 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 the provisions
in the MOU prospectively that relate to the abovementioned benefits.
Except as provided here, all wages, hours, and other terms and conditions of employment
presently in the city's MOU with the CCEA remain in full force and effect.
The Parties mutually agree to add Article 58 and replace Article 18 section D with the
following:
Article 58 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 (5%) of the employees' base salary as
special compensatioJ?, that is reportable to CalPERS. ·
May 19, 2020 Item #3 Page 4 of 5
Attachment A
Article 18 Uniforms and Equipment
D. The City shall detemrine the CCEA classifications which require employees to wear
safety footwear. The City shall establish, subject to consultation with the affected
employees, a voucher system for the employees to acquire safety footwear and insoles
from City-approved vendors and receive reimbursement from the City. Acquisitions of
safety footwear or insoles made outside the voucher system must be pre-approved by the
acquiring employee's department.
Reimbursement for the acquisition of safety footwear and insoles shall be limited to a
· maximum of four hundred and fifty dollars ($450) per fiscal year. All reimbursement
requests must be approved by the acquiring employee's department.
CITY OF CARLSBAD:
Date: . s / &>/ 7.o?-::J
CARLSBAD CITY EMPLOYEES' ASSOCIATION
May 19, 2020 Item #3 Page 5 of 5