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HomeMy WebLinkAbout2012-06-12; City Council; 20934; Approval Side Letter Carlsbad City Employees's Association CCEACITY OF CARLSBAD - AGENDA BILL DEPT. HEAb"<=4^ AB# MTG. DEPT. 20,934 06/12/12 HR APPROVAL OF A SIDE LETTER WITH THE CARLSBAD CITY EMPLOYEES' ASSOCIATION (CCEA) CITY ATTY. CITY MGR. RECOMMENDED ACTION: 2012-134 Adopt Resolution No. approving a side letter with the Carisbad City Employees' Association (CCEA) that amends Article 44 in this MOU titled, "Layoff." ITEM EXPLANATION: As of eariy 2012, a substantial amount of redevelopment funding was eliminated in the City of Carisbad and throughout the state of California. As of February 1, 2012, the City began receiving funding to pay redevelopment debt obligations and very limited administrative expenses only, directly impacting City operations and services. As a result of this, the City made the management decision to make two staffing reductions in the Housing and Neighborhood Services Department and to implement the layoff provision in the Memorandum of Understanding (MOU) between the City of Carisbad and CCEA. This action will take effect on June 30, 2012. CCEA represented employees who are impacted by a layoff are currently provided no severance pay upon separation from the city. It is staff's recommendation that, in the future, CCEA represented employees be granted severance pay equal to that currently provided to management employees who are involuntarily separated from city service. This equates to one month's salary computed at the employee's actual salary at the time of separation. This action requires a minor change to the MOU between the City and the CCEA. FISCAL IMPACT: The current situation in the Housing and Neighborhood Services Department is estimated to have a fiscal impact of approximately $5,680. Staff request an appropriation of $5,680 from Council Contingency to fund this expense. Sufficient funds are available in Council Contingency for this request. Any future applications of this modification to the CCEA MOU cannot be estimated at this time. ENVIRONMENTAL IMPACT: The proposed action does not qualify as a "project" under the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15378 as it does not result in a direct or reasonably foreseeable indirect physical change in the environment. DEPARTMENT CONTACT: Julie Clark 760-602- 2440 iulie.clark@carisbadca.qov FOR CITY CLERKS USE ONLY. v/ COUNCIL ACTION: APPROVED X CONTINUED TO DATE SPECIFIC • DENIED CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Page 2 EXHIBITS: 1. Resolution No. 2Q12-134 approving a side letter with the Carisbad City Employees' Association 2. Side Letter with the Carisbad City Employees' Association 1 RESOLUTION NO. 2012-134 9 10 11 12 13 14 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SIDE LETTER DATED JUNE 12, 2012 ^ REGARDING AN AMENDMENT TO THE MOU BETWEEN THE CITY 4 AND THE CARLSBAD CITY EMPLOYEES' ASSOCIATION. 5 WHEREAS, representatives of management and the Carisbad City Employees' 6 Association have met and conferred in good faith pursuant to the Meyers-Millias-Brown 7 Act regarding wages and other terms and conditions of employment; and WHEREAS, said representatives have reached agreement which they desire to submit to the City Council for consideration and approval; and WHEREAS, the City Council has determined it to be in the public interest to accept such an agreement in the form of a side letter dated June 12, 2012, marked Exhibit 2 and incorporated by reference herein. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of 25 Carlsbad, California, as follows: 16 1. That the above recitations are true and correct. 17 2. That the side letter dated June 12, 2012, set forth in Exhibit 2, attached hereto and made a part hereof, is adopted. 3. That the Finance Director is authorized to appropriate funds in the amount of $5,680 (five thousand six hundred eighty dollars) from the City Council's Contingency Account. /// /// /// 18 19 20 21 22 23 24 25 26 /// 27 /// 28 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carisbad on the 12*^ day of June 2012, by the following vote to wit: AYES: NOES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard. None. ABSENT: None. LORRAINE M. WOOD, City Clerk (SEAL) Liil. EXHIBIT 2 SIDE LETTER AGREEMENT TO THE JANUARY 1, 2011 - DECEMBER 31,2012 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD CITY EMPLOYEES' ASSOCIATION (CCEA) EFFECTIVE: UPON CITY COUNCIL APPROVAL This side letter memorializes an agreement reached between the City of Carlsbad C'City") and the Carlsbad City Employees* Association (*'CCEA"), to reflect an agreed upon amendment to the January 1, 2011 - December 31, 2012 Memorandum of Understanding ("MOU") entered into between the City and CCEA. All other terms and conditions of the existing MOU shall remain in full force and effect. The changes are as follows: Article 44 shall be modified to add the following language: Article 44 Layoff (p) All CCEA represented employees involuntarily separated from the City service due to layoff shall receive one month's salary computed at the employee's actual salary at the time of separation. It is the understanding of the City and CCEA that this side letter is of no force or effect whatsoever, unless and until adopted by resolution of the City Council of the City. Carlsbad City Employees' Association City of Carlsbad By:X^^^ ^^^J 6'^'12 By: Pam Drew, President Date Lisa Hildabrand, City Manager Date Lauren Arens, CCEA Attorney Date , City Attorney Date