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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