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HomeMy WebLinkAbout1984-01-24; City Council; 7521-2; Water Service AgreementCIT-OF CARLSBAD - AGEND.^BILL x a c 0 AB# 7521 suP*L TITLE: SUPPLEMENT #3 TO WATER SERVICE AGREEMENT DEPT. HD. MTG l/24/84 BETWEEN THE CITY AND CRMWD PROVIDING FOR . THE TERMINATION OF CERTAIN CITY PERSONNEL CITY ATlYa DEPT. U/M AND HIRING OF THOSE PERSONNEL BY CRMWD CITY IthOR.- RECOMMENDED ACTION: City Council adopt Resolution No. 7470 which terminates seven Water Department employees and transfers them to CRMWD January 29, 1984. ITEM EXPLANATION: Nine Water Division personnel were eligible for reassignment to CRMWD as a part of the Water Service Agreement. Seven of these personnel have indicated their desire to be reassigned and two have been assigned to vacancies within the city. The city will terminate the seven personnel as of January 29, 1984 using procedures for reduction-in-force. This procedure has certain benefits which the employees retain for two years (re-employment rights - reinstatement of sick leave). CRMWD will provide ,seniority rights, fringe benefits comparable to the city or benefits that the employees indicate they will accept in lieu of those provided by the city. FISCAL IMPACT: There are no changes in the fiscal status that were adopted by the recent revised water budget. CRMWD will reimburse the city for wages and benefits when a final audit of the transition costs are complete. EXHIBITS: 1. Resolution No. 7Lf7Q l 2. Agreement for termination and employment of certain city personnel. E: iz s . . f 2 d f 8 c. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (SEAL) RESOLUTION NO. 7470 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A THIRD SUPPLEMENT TO THE WATER SERVICE AGREEMENT BETWEEN THE CITY OF CARLSBAD AND COSTA REAL MUNICIPAL WATER DISTRICT FOR THE TERMINATION AND EMPLOYMENT OF CERTAIN CITY PERSONNEL. ~ WHEREAS, the City of Carlsbad and the Costa Real Municipal Water ~ District have reached an agreement regarding Supplement Number 3 to the Water Service Agreement which provides for the "cooperative use or transfer of personnel" NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the Third Supplement to the Basic Agreement between the City of Carlsbad and Costa Real Municipal Water District for the termination and employment of certain city personnel marked Exhibit A, attached hereto and made a part hereof, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of 1 Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council 1 held on the 24th day of JEW , 1984, by the following vote, to wit: I AYES: Council Members Casler,LRwis,Kul~in,~ickaradhrescott NOES: ~olle I ABSENT: None ABSTAIN: ATTEST: %&,Lk MARY H. C@ER, Mayor I 2 - SUPPLEMENT NO. 3 TO WATER SERVICE AGREEMENT BETWEEN CITY OF CARLSBAD AND COSTA REAL MUNICIPAL WATER DISTRICT IN REFERENCE TO EMPLOYMENT OF SPECIFIED EMPLOYEES OF CITY OF CARLSBAD BY COSTA REAL MUNICIPAL WATER DISTRICT This agreement made and entered into by and between CITY OF CARLSBAD ("CITY") and COSTA REAL MUNICIPAL WATER DISTRICT ("DISTRICT"). Recitals: 1. CITY and DISTRICT have previously entered into a Water Service Agreement, executed on May 25, 1983, providing for the alloca- tion of functional responsibilities for the provision of water serv- ice within the DISTRICT, said Agreement for convenience hereinafter referred to as "AGREEMENT". 2. Section 3 of the AGREEMENT provides, in part, for "the cooperative use or transfer of personnel . . ." 3. Selected CITY employees have been assigned to work with DISTRICT employees since July 25, 1983. The following CITY employees -l- - have indicated their willingness to terminate their employment with the CITY on the condition that they will be employed by the DISTRICT, under agreeable terms and conditions: RICHARD HUTCHINS DONALD MOORE PAUL PARTAIN DANIEL ROY JAMES RUSH HENRY SANCHEZ JAMES SMITH said CITY employees hereinafter for convenience referred to as a group as "CITY Employees" and individually as "each CITY Employee". 4. DISTRICT has adopted an Administrative Code for the DIS- TRICT, by Resolution No. 444, duly adopted by the Board of Directors of the DISTRICT at a regular meeting of the Board of Directors of the DISTRICT held on December 21, 1983, said Administrative Code hereinaf- ter for convenience referred to as the "DISTRICT Administrative Code". 5. The DISTRICT Administrative Code, in part, establishes and identifies for all employees of the DISTRICT the Job Classification, Position, Salary Range, Salary Schedule, Salary Step Plan, Full-time, Part-time and Temporary Status of Employees, Working Hours and Bene- fits. -20 6. The DISTRICT Administrative Code has been made available to all CITY Employees for review and consideration. 7. The CITY Employees desire to become regular full-time em- ployees of the DISTRICT under certain terms and conditions. 8. DISTRICT is willing to accept the CITY Employees as regu- lar full-time employees of the DISTRICT under certain terms and condi- tions. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CITY and DISTRICT agree as follows: 1. DISTRICT will provide regular full-time emloyment for the CITY Employees at the same level and step as they currently hold with the CITY. 2. DISTRICT agrees: a. Time of service of the CITY Employee with the CITY will be recognized as time of service with the DISTRICT as a DISTRICT employee for -3- 5- - b. C. purposes of determining seniority and time for retirement. To accept accumulated vacation, accumulated sick leave and compensatory time balance for each CITY Employee, according to the records of the CITY. To provide to the CITY an individual written acceptance from each CITY Employee that he accepts the salary and benefit program of the DISTRICT as estblished by the DISTRICT Admin- istrative Code in lieu of any salary and ben- efit program of the CITY as established by the Memorandum of Understanding between the CITY and the Carlsbad City Employees Associa- tion of July 26, 1983. 3. CITY agrees: a. To pay to the DISTRICT, upon demand, the total amount of the current value of the ac- cumulated vacation balances of the CITY Em- ployees. -4- 6 h. b. To provide to the DISTRICT a copy of the re- cords of the CITY for each CITY Employee as to accumulated vacation, accumulated sick leave and compensatory time balance. 4. The effective date of employment by the DISTRICT of the CITY Employees shall be January 30, 1984. This agreement is executed on the day of 1984. CITY OF CARLSRAD RY H. CASLER Mayor ATTEST: ALETHA L. RAUTENKRANZ City Clerk -5- 7 I - s APPROVED AS TO VINCENT F. - BIONDO, JR. City Attorney COSTA REAL MUNICIPAL WATER DISTRICT BY N. -M. ALMACK President ATTEST: FRED W. MAERKLE Secretary APPROVED AS TO FORM: PAUL S. SWIRSKY General Legal Counsel -6- STATEMENT OF ACCEPTANCE I have reviewed the Administrative Code of the COSTA REAL MU- NICIPAL WATER DISTRICT ("DISTRICT"), effective January 1, 1984, which, in part, establishes the personnel policies, salaries and benefit pro- gram for employees of the DISTRICT. I have also determined the level, step and salary that I will receive if employed as a regular full-time employee of the DISTRICT. I hereby consent to become a regular full-time employee of the DISTRICT and agree to accept the salary and benefit program of the DISTRICT as established by the Administrative Code of the DISTRICT in lieu of any salary and benefit program of the CITY OF CARLSBAD ("CITY") as established by the Memorandum of Understanding between the CITY and the Carlsbad City Employees Association of July 26, 1983. This consent is given upon the following conditions: 1. That any time of service as an employee of the CITY will be recognized as time of service with the DISTRICT as a DISTRICT employee for purpos- es of determining seniority and time for retire- ment. 2. That the DISTRICT will accept and credit me with any accumulated vacation, accumulated sick leave and compensatory time balance that I have ac- crued as an employee of the CITY. Signature Name Printed Date of Execution