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HomeMy WebLinkAbout FULL PACKET_2009-06-29ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROPRIATING MONIES TO THE SEVERAL OFFICES, AGENCIES AND DEPARTMENTS OF THE CITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2009 THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Iss05/13/09 SECTION 1: The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. The City Manager has prepared and submitted to this Council, pursuant to the provisions of Section 605 of the City Charter, a proposed budget for expenditures for the fiscal year commencing July 1, 2009, together with his budget letter dated May 18, 2009. B. In accordance with Section 606 of the City Charter, a public hearing has been held upon the said proposed budget of expenditures after notice of such public hearing had been published in the manner prescribed in said Section 606 of the City Charter. C. The proposed budget of expenditures duly submitted and considered as hereinbefore stated, together with any supplemental revisions and amendments thereto, was approved, adopted and fixed by the Council as the annual budget of the City for the fiscal year commencing July 1, 2009, in the amounts and for the funds, purposes, functions, department activities and programs as therein set forth. Said adopted budget, including said supplemental revisions and amendments, together with a copy of this appropriation ordinance, shall be placed in the official files of the Clerk of the Council. SECTION 2: There are hereby appropriated to the several offices, agencies, and departments of the City, being the respective objects and purposes specified in that certain document entitled "City of Santa Ana Annual Budget 2009- 2010," acopy of which is on file in the Office of the Clerk of the Council, out of the various funds of the City, for fiscal year 2009-2010, the several amounts stated as proposed expenditures from said funds, respectively, in those columns of said Budget that are headed "Approved Budget 09-10." Each aggregate of expenditures so specified in said Budget for said fiscal year for each program shall be deemed to be an appropriation for a single object and purpose within the meaning of Section 609 of the Charter, except that as to any office, department, or agency of the City 11 A-1 for which more than one program is designated in Section 2 (General Fund Operating Budget) of the said Budget, the aggregate expenditure authorized for all programs in said Section 2 of each such office, department, or agency shall be deemed to be an appropriation for a single object and purpose within the meaning of Charter section 609. SECTION 3: The appropriations hereby made shall constitute the maximum expenditures authorized for the several offices, agencies, and departments opposite which the amounts of such appropriations are shown in such Budget. SECTION 4: No warrant shall be issued or indebtedness incurred for any purpose which exceeds the unexpended balance of the appropriations established by this ordinance, unless such appropriation shall have been amended or supplemented by the City Council in the manner set forth in Section 609 of the Charter. The City Manager is hereby authorized to make revisions between the items included within any such appropriation if, in his opinion, such revisions are necessary and proper. SECTION 5: The Executive Director of Finance and Management Services is hereby authorized to transfer monies in accordance with the Interfund Transfers listed in said Budget in such amounts and at such times during the fiscal year as he may determine necessary to the competent operation and control of City business, except that no such transfer shall be made in contravention of State law or City ordinance or exceed in total the amount stated herein or as amended by the City Council. SECTION 6: One certified copy of this appropriation ordinance together with a certified copy of each amendment thereto shall be transmitted by the Clerk of the Council to the Executive Director of Finance and Management Services. SECTION 7: Upon and from the effective date of this ordinance, expenditures of monies appropriated hereby are authorized beginning July 1, 2009. SECTION 8: The Clerk of the Council shall cause the title of this ordinance to be published as required by law. SECTION 9: All presently applicable documentation pertaining to the number, titles, qualifications, powers, duties, or compensation of officers or employees of the City, which has been previously approved by resolution or order of the City Council and which is currently on file with the Executive Director of Personnel Services is incorporated herein and is hereby approved. The City Manager is authorized to create, alter, or abolish any position of employment, or the number, title, qualifications, powers, duties, or compensation thereof, when such action is appropriate to promote the efficiency of the City administrative 11 A-2 organization; provided, however, that no such action shall be effective unless and until approved by resolution or order of the City Council. ADOPTED this day of June, 2009. APPROVED AS TO FORM: Joseph W. Fletcher City Attomey By: Laura Sheedy Assistant City Attomey AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 11 A-3 11 A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JTJNE 2 9 , 2 00 9 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING OFFICE OF E1~RGENCY SERVICES PROGRAM GRANT AWARD FUNDS CITY MANAGER RECOMMENDED ACTION APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S' Reading ^ Ordinance on 2'"' Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve an Appropriation Adjustment recognizing State of California Office of Emergency Services 2007 Anti-Gang Initiative Supplemental Grant funds of $22,659 revenue account (account no. 155-01-5370-2) and appropriate the same to expenditure account (account no. 155-362-various). DISCUSSION On February 5, 2007, Council accepted State of California Office of Emergency Services Anti-Gang Initiative Grant funds in the amount $50,000. Additional funding has been made available to the Santa Ana Police Department in the amount of $22,659. The additional grant funding will support the activities of the Santa Anita Gang Junction efforts specifically to offset the costs of overtime related to the gang injunction enforcement activities. FISCAL IMPACT The appropriation adjustment will enhance the Police Department's Office of Emergency Services 2007 Anti-Gang Initiative Grant Revenue Account (account no. 155-O1-5370-2) by an amount of $22,659 and the expenditure appropriation for Police Department's OES 2007 Expenditure Account (account no. 155-O1-various) by the same. APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters Chief of Police Police Department ` ~~ ~, r~ Francisco Gutierrez Executive Director 2 0A_~Finance & Mgmt. Services Agency CLERK OF COUNCIL USE ONLY: California AG07027948 GRANT AWARD AMENDMENT AMENDMENT NO. 2 THIS AMENDMENT, made and entered into on 05/27/2009 by and between the (Date) California Emergency Management Agency, hereafter designated CaIEMA, and the following Administrative Agency City of Santa Ana hereafter called the Recipient. WITNESSETH: That the Recipient agrees to the amendment of this Grant Award Agreement as specified below: Increase the 07 AGI funds by $5,410 from $50,000 to $55,410 Increase the 07 AGI funds by 17,249 from $50,000 to $67,249 Increase the total Project Cost by $22,659 from $50,000 to $72,659 IN WITNESS WHEREOF, this Grant Award Amendment has been executed by the parties hereto, upon the date written above. CALIFORNIA EMERGENCY MANAGEMENT AGENCY RECIPIENT for CaIEMA use onl REgPIENT City of Santa Ana ~ SIG DATE %~'~~ PRINTED NAME AND TITLE OF PERSON SIGNMIG Chief Paul M. Walters ADDRESS 60 Civic Ctr. Plaza, PO Box 1981, Santa Ana, CA 92702 I hereby certify, upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure stated above. Grant Award Amendment - CaIEMA 2-213 (formerly OES 513) (Revised Z1/2009) 20A-2 CaIEMA Grant Award Modification MAIL TO: Cal'rfomia Emergency Mnagement Agency Check correct branch: 1 AWafd # AG07027948 3650 Schriever Ave. ~r.;g enforcement V. dusLce 8 Criltlrens Mather. CA 55655 • Cnr e 8 Gangs OV, SA 8 vw 3 2. Modifiption #: 3. Recipient/lmplementing Agency City of Santa Ana (Indicate branch on errvebpeJ 4. Project Title: Anti Gang Initiative NY -2007 0 5. Contact Person: Det. Sgt. Jon Centanni #1711 Phone: (714) 245-8348 Ex: 714) 245-8384 Fax: ( Email Address: jcentanni@santa-ana.org 6. Grant Period: 10/01/2007 to 06/30/2009 7. Payment Mailing Address: 60 Civic Center Plaza, P.O. Box 1981, Santa Ana, CA 92702 `a-" L Check here if new. A Rnvicinn *~ Q..d....~ Grant 07 Yr Yr Yr 07 Yr Yr Yr 07 Yr Yr Yr Current Allocation - ---- -- ---a-' Grant Funds Required IIAatCh (C~ $e~t Acronym from list Personal ~ O ratin Services ~ E~ rtses xPe C. Equipment A. Fund I Total Personal Services B. Operating Expenses C. Equipment Match Total Total AGIC $50,000 $50,000 $0 $50,000 Select j $O $0 $0 Select $0 $0 $0 Select $0 $0 $0 Proposed Change (PCj [add (+} or subtract (-) from budgeted amount) AGIC $22,659 $22,659 $0 $22,659 Select ~ ~ $0 $0 $0 Select $0 $0 I $0 Select $p I $0 ~ Revised Allocation (RA) AGIC $72,659 $0 $0 $72,659 $0 $0 $0 $0 $72,659 Select $0 $0 $0 $0 $0 $0 $0 $0 $0 Select $0 $0 $0 $0 $0 $0 $0 $0 $0 Select $0 $0 $0 $0 $0 $0 $0 $0 $0 Check when completed s. Justification for Modification: (If necessary, continue the justification on page 3.) Increase the 07 AGI funds by $5,410 from $50,000 to $55,410 Increase the 07 AGI funds by 17,249 from $50,000 to $67,249 Increase the total Project Cost by $22,659 from $50,000 to $72,659 10. Local royals Cmdr. Dave Jones Francisco Gutierrez Proje~ it (typed name} Financal Officer (typed dame} ~--~=-/ --~:a~ Date: Financial CaIEMA USE ONLY -~~-~ Date: Program Specialist Date: Section Chief Date: Grants Processing Date: Grant Award Modification - CaIEMA 2-223 (formerly OES 223) (Revised 2/18009) 20A-3 BUDGET CATEGORY AND LINE ITEM DETAIL A. Personal Services - SalarieslEmployee Benefits I COST 1350,000 divided by 12 months = $4,166.66 per month, divided by $65.00 /hour (O!T hourly rate) _ 64.102 hours per month. $65.00x64.102 hours per month = $4,166.63, x 12 months = $49,999.56 Ilncrease in Grant funds from the 2006-2007 AGI Grant - 5 410 $5,410 divided by 12 months = $450.83 per month, divided by $65.00 /hour (OR hourly rate) 6.935 hours per month. $65.00 x 6.935 hours per month = $450.775, x 12 months = $5,409.30 $5,41 Increase in Grant funds from the 2007-2008 AGI Grant - 17 249 $17,249 divided by 12 months = $1,437.416 per month, divided by $65.00 /hour (O/T hourly rate) _ 22.114 hours per month. $65.00 x 22.114 hours per month = $1,437.41, x 12 months = $17,248.92 $17 24' I CaIEMA 2-106b (formerly OES 303b (Revised 2/1/2009) 20A-4 BUDGET CATEGORY AND LINE ITEM DETAIL CaIEMA 2-106b (forme~ty OES 303b (Revised 2!112009) 20A-5 BUDGET CATEGORY AND LINE ITEM DETAIL CaIEMA 2-106b (formerly OES 303b (Revised 2/1/2009) 20A-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 29, 2009 TITLE: AGREEMENT WITH THE FIREMEN' S BENEVOLENT ASSOCIATION ~',/ ~~~ ~/ ~~~~ ~v CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with the Firemen's Benevolent Association regarding wages and other terms and conditions of employment. DISCUSSION The City and the Firemen's Benevolent Association (FBA) recently completed contract negotiations resulting in a two-year contract extension to the 2008-09 and 2009-10 amended Memorandum of Understanding. This extension period covers July 1, 2010 through June 30, 2012. The provisions of this extended agreement are as follows: 1) Salary: July 1, 2009 = 0% January 1, 2010 = 0% July 1, 2010 = 40 (deferred from July 1, 2009) January 1, 2011 = 2.50 (deferred from January 1, 2010) July 1, 2011 - June 30, 2012 = Oo 2) Overtime: Employees may choose monetary payment or take compensatory time for overtime worked, and employees must place one overtime shift worked in 2009-10 into the comp time bank. Additionally, City shall not backfill for employees taking compensatory time for 2009-10 and 2010-11. 3) Holiday cash out: Employees shall defer holiday leave cash out for 2009-10. Employees may carry over holidays from one calendar year to the next, and maximum cash out value is 144 hours per year. 4) Vacation cash out: Employees shall defer longevity vacation cash out for 2009-10. Allow carryover of up to three periods of regular and longevity vacation, and maximum cash out value is 160 hours per year. 25A-1 Agreement with FBA June 29, 2009 Page 2 of 2 5) Retiree Health Subsidy: Defer 2009-10 deposit to Fund 84 from October 2009 to March 2010. 6) Should any other bargaining unit receive a salary or benefit increase during the term of this Agreement, with the exception of the 4% and 2.5% salary increases originally scheduled for July 1, 2009 and January 1, 2010, respectively, FBA employees shall be granted that salary or benefit equivalent. FISCAL IMPACT There is a $900,950 savings to the City for deferral of salary increases and an additional minimum savings of $1,088,032 for deferral of leave cash outs and reductions in overtime. ~~~' C-._ t ~ ~~ Kathie S. Gonzalez Acting Executive Director Personnel Services 25A-2 TWO-YEAR CONTRACT EXTENSION TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA AND THE SANTA ANA FIREMEN'S BENEVOLENT ASSOCIATION FOR FISCAL YEARS ZO10-11 AND 2011-12 The City of Santa Ana (City) and the Santa Ana Firemen's Benevolent Association (SAFBA) hove met and agreed to amend the previously amended 2004-10 Memorandum of Understanding (MOU) between the CITY and SAFBA, by extending this amended MOU for two (2) additional years. The existing MOU provisions shall remain unchanged unless addressed by this contract extension. The new expiration date of the MOU shall be June 30, 2012, and the MOU shall be amended as follows: AMENDED ARTICLE IV (new language in bold) 4.3 Salary Adjustments • _~ -_ _ _ ° ___ F. Effective July 1, 2009, there shall be no salary increase for employees covered by this Agreement. Effective July 1, 2009, Miscellaneous employees covered by this Agreement shall contribute an additional 2.3% of their salary (for a total of 6.3%) toward the 2.7% at 55 retirement benefit. To the extent permitted by CaIPERS and Internal Revenue Service regulations, this additional 2.3% contribution shall be implemented through payroll deduction on a pre-tax basis. ° G. Effective January 1, 2010, there shall be no salary increase for employees covered by this Agreement. H. Effective July 1, 2010, the base salary of employees covered by this Agreement shall be increased by eight (8) salary rate ranges (approximately 49'0). I. Effective January 1, 2011, the base salary of employees covered by this agreement shall be increased by five (5) salary rate ranges (approximately 2.59'0). FBA Contract Extension Draft for FBA Review June 4, 2009 Pnge 1 25A-3 J. Effective July 1, 2011, there shall be no salary increase for employees covered by this Agreement. K. Effective Jnnunry 1, 2012, there shall be no salary increase for employees covered by this Agreement. L. Should any other bargaining unit, receive a salary or benefit increase of greater value than that set forth in "H" and "I" hereof during the term of this Agreement, the SAFBA shall be granted that salary or benefit ,equivalent value ns well. AMENDED ARTICLE IX (new language in bold) 9.5 Compensation for Overtime -Fire Suppression Personnel Assigned to the 24- Hour Dutx Work Schedule. A. Overtime Duty: Emergency or Scheduled... Fire Suppression personnel who are required to remain on active duty or volunteer to work overtime following the scheduled termination of his or her tour of duty will be paid overtime at the rate of one and one-half times his or her regular hourly rate for all such time worked in excess of his or her regularly scheduled workday or work schedule. 1. The regular hourly rate of pay will be computed by dividing the employee's regular monthly base rate of pay, plus pay additives, by 243. 2. ' , A suppression employee shall have two options for compensation for overtime work: FBA Contract Extension Draft for FBA Review June 4, 2009 Pnge 2 2 5A-4 A. Monetary Payment -The employee may receive cosh overtime pay at one and one-half times his or her regular hourly rate for all such time worked in excess of his or her regularly scheduled workday or work schedule. B. Compensatory Time -The employee may receive time off with pay at a rate of one and one-half hours for every hour of overtime worked. Compensatory time may be accumulated to n maximum of 144 hours. Compensatory time may be used in any hourly increment. Compensatory time off shall be token nt the discretion of the employee subject to the operational needs and staffing requirements of the Department. The SAFBA agrees that the first 24-hour overtime shift worked by every suppression .employee in Fiscal Yenr 2009-10 shall be token as compensatory time and placed into their Compensatory Time Bank. The parties hereto further agree that the City shall not be required to backfill for employees taking compensatory time off, for a period of two years, ending July 1, 2011. During that period, the SAFBA agrees to allow the Department to utilize step-up (move-up) for any stuffing issues created by members' use of compensatory time. The parties agree that these modifications to Section 9.5 satisfy the entire furlough equivalency burden to the SAFBA for the term of this Agreement. AMENDED ARTICLE X (new language in bold) 10.3 Cash Option -All begs employees covered by this Agreement shall be given an option, twice per calendar year, concurrent with the longevity vacation cash out option, to receive cash compensation on a straight time basis in lieu of all or part of their holiday leave benefits set forth in section 10.2 above. Such option may be eliminated or modified at the discretion of the Fire Department or to the extent it is construed as overtime under Department of Labor guidelines implementing provisions of the Fair Labor Standards Act (ELBA). Effective July 1, 2009, all employees covered by this Agreement shall defer for the duration of Fiscn) Year 2009-10 the employee's ability to cosh out holiday leave time. The ability to cosh out holiday leave time shall be re-instated July 1, 2010. Such deferral shall not affect an employee's ability to be compensated for the accumulated holiday leave time upon separation from employment with the City, not to exceed a maximum of 216 hours. FBA Contract Extension Draft for FBA Review June 4, 2009 Pnge 3 25A-5 10.5 A maximum of one (1) year of accrued Holiday leave time hours i3e+4e#+t~s may ne# be carried over from one calendar year to the next. Effective July 1, 2010, employees choosing to cosh out their holiday time may do so to a maximum value of 1.33 x 108 hours, or 144 hours per year. Such limit on yearly cosh-out shall not affect nn employee's ability to be compensated for the accumulated holiday leave time upon separation from employment with the City, not to exceed a maximum of 216 hours. AMENDED ARTICLE XI (new language in bold) 11.2 Regular Vacation Period E. Computation of Regular Vacation 2. No employee may carry over from one calendar year to the next more than the ~- equivalent of #we three (3) regular vacation periods and #we three (3) longevity vacation periods from the previous two years, and vacation not taken beyond that amount is forfeited. A regular vacation period is defined as the maximum amount of vacation earned in a calendar year as provided in Subsection A above. 3. The time at which an employee shall take his or her vacation shall be determined by seniority within rank, with due regard for the needs of the Department. 4. For the term of this Agreement, the policy requiring minimum mandatory nnnual pre-selected vacations as set forth in the Manual of Operations (M.O.O.) shall be suspended. For the term of this Agreement, nnnual pre-selected vacation will be voluntary and a M.O.O. policy shall be drafted to reflect this change. Additionally, all employees shall be given the option to cancel and bank their unused Calendar Year 2009 pre-selected vacations (subject to maximum vacation accrual limitations). 11.3 Longevity Vacation. D. All members employees covered by this Agreement shall be given an option, twice per calendar year, concurrent with the holiday cash out option, to receive cash compensation on a straight time basis in lieu of all or part of their longevity vacation leave benefits set forth in Subsection A above. FBA Contract Extension Draft for FBA Review June 4, 2009 Pnge 4 25A-6 Such option may be eliminated or modified at the discretion of the Fire Department or to the extent it is construed as overtime under Department of Labor guidelines implementing provisions of the Fair Labor Standards Act (FLSA). Effective July 1, 2009, all employees covered by this Agreement shall defer for the duration of Fiscal Year 2009-10 an employee's ability to cash out longevity vocation leave time. The ability to cosh out longevity vacation leave time shall be re-instated July 1, 2010. This deferral shall not affect nn employee's ability to be compensated for the accumulated longevity vacation leave time upon sepnrntion from employment with the City. Effective July 1, 2010, employees choosing to cash out their longevity vacation may do so to a maximum value of 1.33 x 120 hours or 160 hours per year. This cap on annual cash-out of longevity vacation shall not affect an employee's ability to be compensated for accumulated longevity vacation leave time upon sepnrntion from employment with the City. AMENDED ARTICLE XIV (new language in bold) 14.6 Retiree Health Insurance Effective October 1, 2004, the City shall contribute an amount equal to one percent (1%) of the bargaining unit's current salary base, including assignment pays, to a fund, for the purpose of providing retiree health insurance premium reduction assistance. Effective October 1, 2005 and October 1, 2006, respectively, the City shall contribute one and three quarter percent (1.75%) of the bargaining unit's salary base, including assignment pays to the fund. This program is for premium reduction only and is provided for bargaining unit employees retiring after July 1, 1989. Effective July 1, 2007, the City and Association agree to reopen this provision of the Agreement to discuss the status of this fund. The SAFBA agrees to defer the City's annual FBA Retiree Health Insurance Fund (Fund 84) October 2009 deposit to a dote no later than March 31, 2010. Interest shall continue to accrue during this deferral period as stipulated by the Fund 84 Policy. The Association agrees to a loan of $700,000 from Fund 84 (FBA Retiree Health Insurance Fund) to Fund it (General Fund), effective November 1, 1996. The loan is to be for an indefinite term at an annual interest rate of 5.65%, and will be repaid when necessary, based on the fiscal condition of the FBA Retiree Health Insurance Fund. The City shall provide the Association an annual report on the status of Fund 84 and the status of the loan from Fund 84. FBA Contract Extension Draft for FBA Review June 4, 2009 Page 5 25A-7 The City and Association agree to form a joint labor-management committee for the purpose of formulating a plan by which the Association will take over the administration of this fund during the term of this Agreement. Once the Association accepts responsibility for the administration of the plan, the FBA will provide an independent actuarial valuation to the City on an annual basis. AMENDED ARTICLE XXVI 26.1 The term of this Agreement shall be from July 1, 2004 to June 30, 20812. FBA Contract Extension Drnft for FBA Review June 4, 2009 Page 6 25A-8 ARTICLE XXVII 27.0 RATIFICATION AND EXECUTION 27.1 The City and Association have reached an understanding as to certain recommendations to be made to-the City Council for the City of Santa Ana and have agreed that the parties hereto will jointly urge said Council to adopt a new wage and salary resolution which will provide for the changes contained in said joint recommendations. The City and the Association acknowledge that this Agreement shall not be in full force and effect until ratified by the membership of the Association and adopted by the City Council of the City of Santa Ana. Subject to the foregoing, this Agreement is hereby executed by the authorized representatives of the City and Association and entered into this 29tH dny of June 2009. CITY OF SANTA ANA, a Municipal Corporation of the State of California Dated: By: MAYOR Dated: Dated: _ ~~ ~' I ~~ ATTEST: CLERK OF THE COUNCIL By: CITY MANAGER BY~ ~ ~ h'' ACTING EXECUTIVE DIRECTOR PERSONNEL SERVICES APPROVED AS TO FORM: ITY ATTORNEY FBA Contrnct Extension Draft for FBA Review June 4, 2009 Pnge 7 25A-9 This Agreement has been ratified by the membership of the Santa Ana Firemen's Benevolent Association. Dated: D ~7 SANTA ANA FIREMEN'S BENEVOLENT ASSOCIATION By: MARK EIDE, PRESIDENT FBA Contrnct Extension Draft for FBA Review June 4, 2009 Page 8 25A-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 29, 2009 TITLE: AGREEMENT WITH THE SANTA ANA MANAGEMENT ASSOCIATION ~~ ~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15~ Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with the Santa Ana Management Association regarding wages and other terms and conditions of employment. DISCUSSION The City and the Santa Ana Management Association (SAMA) recently completed contract negotiations resulting in a two-year contract extension to the 2008-09 and 2009-10 amended Memorandum of Understanding. This extension period covers July 1, 2010 through June 30, 2012. The provisions of this extended agreement are as follows: 1) Salary: July 1, 2009 = Oo January 1, 2010 = Oo July 1, 2010 = 40 (deferred from July 1, 2009) January 1, 2011 = 2.50 (deferred from January 1, 2010) July 1, 2011 - June 30, 2012 = 0% 2) Vacation cash out: Employees shall defer longevity vacation and management vacation cash out for 2009-10. Allow carryover of 60 hours of longevity vacation and 40 hours of management vacation. The maximum cash out value is 90 hours and 60 hours, respectively, for 2010-11 and 2011-12. 3) Retiree Health Subsidy: Suspend 2009-10 deposit to SAMA fund (1.750 of base salary, plus premiums). Reduce 2010-11 deposit to SAMA fund from 1.75% to la of base salary, plus premiums. 4) Should any other bargaining unit receive a salary or benefit increase during the term of this Agreement, with the exception of the 4% and 2.5% salary increases originally scheduled for July 1, 2009 and January 1, 2010, respectively, SAMA employees shall be granted that salary or benefit equivalent. 25B-1 Agreement with SAMA June 29, 2009 Page 2 of 2 FISCAL IMPACT There is a total savings to the City of $525, 786 for the deferral of the salary increases, leave cash outs, and reductions to the Retiree Health Subsidy fund. Kathie S. Gonzalez Acting Executive Director Personnel Services 25B-2 TWO-YEAR CONTRACT EXTENSION TO THE MEMORANDUM OF UNDERSTANDING, AS AMENDED, BETWEEN THE CITY OF SANTA ANA AND SANTA ANA MANAGEMENT ASSOCIATION FOR FISCAL YEARS 2010-1 l AND 2011-12 The City of Santa Ana (CITY) and the Santa Ana Management Association (SAMA) have met and agreed to amend the previously amended Memorandum of Understanding (MOU) between the CITY and SAMA for Fiscal years 2004-05 through 2009-10 by extending this amended MOU for an additional two (2) years. The existing MOU provisions will remain unchanged unless addressed by this addendum. The new expiration date of the MOU will be June 30, 2012, and the MOU will be amended as follows: AMENDED ARTICLE V (new language in bold; deleted provisions lined out) 5.3 Salaries. E. .Effective July__ 1, 2008, the base salaries of classifications covered by this Agreement shall be increased by approximately four percent (4%). F. Effective January 1, 2009, the base salaries of classifications covered by this Agreement shall be increased by approximately two and one-half percent (2.5%). • , ° • , ° G. Effective July 1, 2010, the bnse salaries of classifications covered by this Agreement shall be increased by approximately four percent (49'0). H. Effective January 1, 2011, the bnse salaries of classifications covered by this Agreement shall be increased by approximately two and one-half percent (2.59'0). I. Effective July 1, 2007, Miscellaneous employees covered by this Agreement shall contribute 2% of their salary toward the employer cost of the 2.7% at 55 retirement benefit. To the extent permitted by CaIPERS and Internal Revenue Service regulations, this 2% contribution shall be implemented through payroll deduction on a pre-tax basis. J. Effective July 1, 2008, Miscellaneous employees covered by this Agreement shall contribute an additional 2% of their salary (for a total of 4%) toward the employer cost of the 2.7% at 55 retirement benefit. To the extent permitted by CaIPERS and 25B-3 Internal Revenue Service regulations, this additional 2% contribution shall be implemented through payroll deduction on a pre-tax basis. K. Effective July 1, 2009, Miscellaneous employees covered by this Agreement shall contribute an additional 2.3% of their salary (for a total of 6.3%) toward the employer cost of the 2.7% at 55 retirement benefit. To the extent permitted by CaIPERS and Internal Revenue Service regulations, this additional 2.3% contribution shall be implemented through payroll deduction on a pre-tax basis. L. Should any other bargaining unit receive a salary or benefit increase, with the exception of the 49o and 2.5~o salary increases originally scheduled for July 1, 2009 and Jnnunry 1, 2010, respectively, during the term of this Agreement, SAMA employees shall be granted that salary or benefit equivalent. AMENDED ARTICLE IX (new language in bold; deleted provisions lined out) 9.3 Longevity Vacation D. Effective July 1, 2005, employees covered by this Agreement will be permitted to cash-out up to sixty (60) hours of their current year's allocation of longevity vacation accrual on a straight time basis. E. Effective July 1, 2009, all employees covered by this Agreement shall defer for the duration of Fiscal Yenr 2009-10 an employee's ability to cash out longevity vocation time. The ability to cash out longevity vacation time shall be re-instated July 1, 2010. Such deferral shall not affect an employee's ability to be compensated for all accumulated leave upon termination of employment with the City. F. Effective July 1, 2010 through June 30, 2012, all employees covered by this Agreement will be permitted to cash-out a maximum of ninety (90) hours of accrued longevity vacation per fiscal year. 6. Effective July 1, 2012, the maximum permitted yearly cash out of longevity vacation time shall revert back to sixty (60) hours per fiscal year. 9.4 Limitation on Vacation A. With the exception of a retiring employee, no employee is granted, and no employee shall be allowed to take any vacation leave with pay in excess of fifty (50) working days (400 hours) in any one year by any combination of the vacations granted in these rules and regulations. Further, no employee may carry over from one (1) calendar year to the next more than the equivalent of one (1) longevity vacation period and the equivalent of one (1) regular vacation period from the previous two (2) years and vacation not taken beyond that amount is forfeited. Therefore, the maximum vacation that an employee 25B-4 with less than six (6) years service could accumulate is thirty (30) working days (240 hours) and only an employee with more than twenty (20) years service could carry over and take the authorized maximum of fifty (50) working days (400 hours) in any one year. B. Effective January 1, 2010, no employee may carry over from one (1) calendar year to the next more than the equivalent of two (2) longevity vacation periods and the equivalent of one (1) regular vacation period from the previous two (2) years and vacation not token beyond that amount is forfeited. 9.6 Management Vacation Benefit. A. All full time SAMA employees covered by this Agreement will be granted an additional five (5) working days [five (5), eight (8)-hour days for forty (40) hour employees] per calendar year over the regular and longevity vacation schedules applicable to represented non-management employees of the City subject to a maximum accrual of twenty-five (25) days of such additional five (5) days per year. B. Effective Jnnunry 1, 2010, the maximum accrual of management vncntion benefit hours shall increase to thirty (30) days (240 hours). 9.7 Management Vacation Pay Option A. Effected employees shall be given once each calendar year the option to receive cash compensation, computed on a straight-time basis, in lieu of up to five (5) 8-hour working days of earned unused management vacation benefits set forth in Section 9.6 above. B. Effective July 1, 2009, all employees covered by this Agreement shall defer for the duration of Fiscal Year 2009-30 an employee's ability to cash out mnnngement vncntion benefits. The ability to cash out mnnngement vacation benefits shall be re-instated July 1, 2010. Such deferral shall not affect an employee's ability to be compensated for all accumulated leave upon termination of employment with the City. C. Effective July 1, 2010 through June 30, 2012, all employees covered by this Agreement will be permitted to cash-out a maximum of sixty (60) hours of accrued mnnngement vacation per calendar year. D. Effective July 1, 2012, the maximum permitted yearly cash out of management vncntion time shall revert bock to forty (40) hours per calendar year. AMENDED ARTICLE XI (new language in bold; deleted provisions lined out) 11.0 EMPLOYEE INSURANCE 25B-5 11.7 Medical Retirement Subsidy Plan. A. Effective Fiscal Year 2004-05, the City's annual contribution to the Medical Retirement Subsidy Plan for full time SAMA employees shall be increased by an additional one-half percent (0.5%) of the bargaining unit's salary base, under the same Medical Retirement Subsidy Plan it maintains for Executive Officers and Management employees of the City. With this additional contribution amount, the City's contribution toward the Medical Retirement Subsidy Plan for SAMA employees shall equal one percent (1.0%) of the bargaining unit's salary base. B. Effective Fiscal Year 2008-09, the City's annual contribution to the Medical Retirement Subsidy Plan for full time SAMA employees shall be increased by an additional four tenths of one percent (0.40%) of the bargaining unit's salary base. With this additional amount, the City's contribution toward the Medical Retirement Subsidy Plan for SAMA employees shall equal one and four tenths' percent (1.40%) of the bargaining unit's salary base. C. Effective Fiscal Year 2009-10, the City's annual contribution to the Medical Retirement Subsidy Plan for full time SAMA employees shall be increased by an additional point three five tenths of one percent (0.35%) of the bargaining unit's salary base. With this additional amount, the City's contribution toward the Medical Retirement Subsidy Plan for SAMA employees shall equal one and three quarters' percent (1.75%) of the bargaining unit's salary base. The City makes its annual contribution to the Medical Retirement Subsidy plan for employees covered by this Agreement in October of each year. The Parties to this Agreement hereby agree as follows: 1. The October 2009 payment of 1.759'0 of base salary to the Medical Retirement Subsidy plan covering the members of this bargaining unit will be suspended entirely; 2. The October 2010 payment of i .759a of base salary to the Medical Retirement Subsidy plan covering the members of this bargaining unit will be reduced by 0.759'0. Therefore, the October 2010 payment by the City to the Medical Retirement Subsidy plan covering the members of this bargaining unit shall be 1.09'0 of the bargaining unit's salary base; 3. Effective fiscal year 2011-12, the City's annual contribution to the Medico) Retirement Subsidy Plan for full time SAMA employees shall revert back to one and three quarters' percent (1.759:0) of the bargaining unit's salary base. AMENDED ARTICLE XVIII (new language in bold; deleted provisions lined out) 18.0 WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT 25B-6 18.2 AGREEMENT TO RE-OPEN CONTRACT FOR MEET AND CONFER ON GRIEVANCE PROCEDURE Notwithstanding the provisions of Section 18.1, the City agrees that upon the written request of SAMA after January 1, 2010, the City will expeditiously meet and confer with SAMA for the sole purpose of amending this MOU to implement a grievance procedure for employees covered by this Agreement similar to the grievance procedure contained in the MOU's of other employee bargaining units, including management, in the City. AMENDED ARTICLE XX (new language in bold; deleted provisions lined out) 20.0 TERM 20.1 The term of this Memorandum of Understanding shall commence on the date when the terms and conditions for its effectiveness, as set forth in Article III, Implementation, are fully met, but in no event shall said Memorandum of Understanding become effective prior to 12:O1 a.m. on July 1, 2004. This Memorandum of Understanding shall expire and otherwise be fully terminated at 12:00 midnight on June 30, 20A~12. 25B-7 22.0 RATIFICATION & EXECUTION The City and SAMA have reached an understanding as to certain recommendations to be made to the City Council for the City of Santa Ana and have agreed that the parties hereto will jointly urge said Council to adopt a new wage and salary resolution which will provide for the changes contained in said joint recommendations. The City and SAMA acknowledge that this Agreement shall not be in full force and effect until ratified by the membership of SAMA and adopted by the City Council of the City of Santa Ana. Subject to the foregoing, this Agreement is hereby executed by the authorized representatives of the City and SAMA and entered into 29th day of June, 2009. CITY OF SANTA ANA Dated: RECOMMENDED: Kathie Gonzalez Acting Director Personnel Services AS TO FORM: J - se .Fletcher ity torney David N. Ream City Manager ATTEST: Patricia E. Healy Clerk of the Council 25B-8 This Agreement has been ratified by the membership of the Santa Ana Management Association. President By: Vice President 25B-9 25B-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 29, 2009 TITLE: AGREEMENT WITH THE POLICE OFFICERS ASSOCIATION ~~~ ,.~ ,~'`~ ~L / CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15` Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with the Police Officers Association regarding wages and other terms and conditions of employment. DISCUSSION The City and the Police Officers Association (POA) recently completed contract negotiations resulting in a one-year contract extension to the 2008-09 and 2009-10 amended Memorandum of Understanding. This extension period covers July 1, 2010 through June 30, 2011. The provisions of this extended agreement are as follows: 1) Salary: July 1, 2009 = 0% January 1, 2010 = 0% July 1, 2010 = 40 (deferred from July 1, 2009) January 1, 2011 = 2.5a (deferred from January 1, 2010) 2) Overtime: The Police Chief shall reduce overtime and salaries during 2009-10. 3) Holiday and vacation cash out: Employees shall defer holiday leave cash out for 2009-10. Employees may carry over holidays from one calendar year to the next, and maximum cash out value is 106 hours per year, for 2010-11, 2011-12, and 2012-13. 4) Vacation cash out: Employees shall defer longevity vacation cash out for 2009-10. Allow carryover of up to three periods of regular and longevity vacation, and maximum cash out value is 53 hours per year, for 2010-11, 2011-12, and 2012-13. 25C-1 Agreement with POA June 29, 2009 Page 2 of 2 5) Furlough hours: Employees retiring by January 1, 2011 shall have the option to receive scheduled salary increases and take equivalent furlough hours to pay for them. 6) Layoffs: There shall be no layoff of members of this bargaining unit during 2009-10. FISCAL IMPACT There is a $3,101,764 savings to the City for deferral of salary increases and leave cash outs and an additional $900,000 associated with reductions in overtime and salaries. ~` S Kathie S. Gonzalez Acting Executive Director Personnel Services 25C-2 ONE YEAR CONTRACT EXTENSION TO THE MEMORANDUM OF UNDERSTANDING, AS AMENDED, BETWEEN THE CITY OF SANTA ANA AND THE SANTA ANA POLICE OFFICERS ASSOCIATION FOR FISCAL YEAR 2010-11 The City of Santa Ana (City) and the Santa Ana Police Officers Association (SAPOA) have met and agreed to amend the previously amended 2004 - 2010 Memorandum of Understanding (MOU) between the CITY and SAPOA, by extending this amended MOU for one (1) additional year. The existing MOU provisions shall remain unchanged unless addressed by this amendment. The new expiration date of the MOU, as amended, shall be June 30, 2011, and the MOU shall be amended as follows: AMENDED ARTICLE IV (new language in bold; deleted provisions lined out) 4.0 SALARIES 4.3 Salary-Adjustments. A. ~tew'$eweg5-8~ Effective July 1, 2008, the base salary of employees covered by this Agreement shall be increased by eight (8) salary rate ranges (approximately 4%). Effective January 1, 2009, the base salary of employees covered by this Agreement shall be increased by five (5) salary rate ranges (approximately 2.5%). ° ° Effective July 1, 2010, the base salary of employees covered by this Agreement shall be increased by eight (8) salary rate ranges (approximately 49'0). Effective January 1, 2011, the base salary of employees covered by this Agreement shall be increased by five (5) salary rate ranges (approximately 2.59'0). 1. An employee covered by this Agreement who provides written notice to the City's Benefits and Compensation Manager prior to June 30, 2009, of his or her express intention to retire from City employment on or before January 1, 2011, shall be governed by the following: 25C-3 n. Effective July 1, 2009, the base salary of nn employee who has notified the City of his or her intent to retire from City employment on or before January 1, 2011, shall be increased by eight (8) salary rote ranges (approximately 49'0); b. Effective January 1, 2010, the base salary of an employee who has notified the City of his or her intent to retire from City employment on or before January 1, 2011, shall be increased by five (5) salary rate ranges (approximately 2.59:0); c. In exchange for the salary increases as set forth in 4.3-A-1-n and 4.3- A-1-b, above, nn employee who has notified the City in writing of his or her intent to retire from City employment on or before January 1, 2011, as set forth in 4.3-A-1, above, shall take unpaid furlough hours off from work during the period July 1, 2009 to June 30, 2010 ("the furlough period") as set forth below: POA Furlough Hours In-lieu of MOU Salary Increase Deferral Bases salary increase as of 7/1/09: 4.00% Base salary increase as of 1/1/10: 2.50% Furlough equivalent value of 6.5% MOU base salary increase: Number of 8/hour Days: 17 Number of hours: 135 1 furlough hr (% of salary): 0.0481 1/I/2010 7/I/2010 7/1/09 1/I/2010 to to Schedule to to 6/30/10 12/3l/10 Work Retirement (hr, per 12/31/09 6/30/10 2.5% 2.5% Schedule Date da 4% MOU 4% MOU MOU MOU Total Hrs. li 3/12 12/31/2009 12 42 42 lii 3/12 6/30/2010 12 42 42 26 109 liii 3/12 12/31/2010 12 42 42 26 26 135 liv 4/10 12/31/2009 10 42 42 lv 4/10 6/30/2010 10 42 42 26 109 lvi 4/10 12/31/2010 10 42 42 26 26 135 Note: Furlough equivalency table reflects the true value associated with swapping furlough hours in-lieu of MOU salary increase deferral. Furloughs should be based on number of hours not number of days (provides flexibility when employees move across schedules). Number of furlough hours will be the same across all schedules. 25C-4 The required furlough hours shall be monitored by the City payroll department. Any affected employee is r wired to take the equivalent of at least one (1) furlough day per month during the furlough period. Any affected employee who fails to take the required furlough day in any month shall incur a deduction from his or her gross pay in the succeeding pay period in an amount equal to the hours of his or her regular daily shift, computed at base rate plus premiums. Any employee who notifies the City of his or her intent to retire under these provisions and receives the salary increases ns set forth in 4.3"A" "1" subsections "a" and "b" above, and who does not retire on or before January 1, 2011, shall not receive the salary increases scheduled for July 1, 2010 and January 1 2011 respectively. E. Effective July 1, 1998 employees will contribute one-half percent (.5%) of their base salary plus pay additives through payroll deduction to a fund maintained by the Santa Ana Police Officers Association for the purpose of providing retiree health insurance premium reduction assistant. Effective July 1, 1999, employees will contribute an additional one-half percent (.5%) for a total of one percent (1%) of their base salary plus pay additives through payroll deduction to a fund maintained by the Santa Ana Police Officers Association for the purpose of providing retiree health insurance premium reduction assistance. This payroll deduction for retiree health insurance premium reduction assistance will continue until such time as the parties may mutually agree to end said deduction. Additionally, effective October 1, 2006, the City shall contribute an amount equal to one-half percent (.5%) of the bargaining unit's annual base salary, including pay additives, for the purpose of providing retiree health insurance premium reduction assistance. Effective October 1, 2008, and each October 1St thereafter, the City shall contribute an amount equal to three quarters of one percent (.7590) of the bargaining unit's annual base salary, including pay additives (excluding overtime), for the purpose of providing retiree health insurance premium reduction assistance. AMENDED ARTICLE VIII (new language in bold; deleted provisions lined out) 8.0 OVERTIME 8.4 Compensation for Overtime 25C-5 A. The preferable method by which overtime shall be compensated is by monetary payment, at one and one-half (11/2) times the employee's regular rate of pay. B. Should the Police Chief determine that the best interests of the City will be served thereby, he or his designee may permit an employee to be compensated for overtime work by earning paid compensatory time off at the rate of one and one- half (1 1/2) times the employee's regular rate of pay. The employee will be credited with time off at the rate of one and one-half (1 1/2) hours of time for each hour of overtime worked. This time, hereinafter identified as "comp time" will be accrued in a comp time bank for each employee. The hours in this bank shall reflect the converted time value of each hour worked. 1. Effective January 1, ~A9~ 2010, employees are limited to the accumulation of X9160 hours of comp time. 2. Twice during each calendar year, beginning April 15 and ending April 30 and beginning November 15 and ending November 30, each affected employee who has accrued comp time credits, may elect to convert up to forty (40) hours of such accrued time to the cash equivalent thereof, to a maximum of eighty (80) hours per calendar year. AMENDED ARTICLE IX (new language in bold; deleted provisions lined out) 9.0 HOLIDAYS 9.2 Holidny Leave Benefits. Full-time, permanent and probationary employees covered by this Agreement shall be entitled to receive 96 hours off during the calendar year in lieu of the twelve (12) holidays specified in Section 9.1, supra. Said hours, up to a maximum of 80 hours, may be carried over from one calendar year to the next and shall be cashed out upon separation from employment, not to exceed a maximum of 160 hours. Said Employees required to work on a City observed "legal" holiday shall be paid at his or her straight time rate. However, if an employee who separated from the service of the City has taken time off for holidays in advance of the date or day the holiday actually occurred, he or she must pay the City the cash value for such used but unearned holiday time off benefits prior to or at the time of separation. 25C-6 9.3 Cash Option. Employees covered by this Agreement shall be given an option twice per calendar year to receive cash compensation ("cash out") computed on a straight time basis in if exchange for eighty (80) hours of their annual holiday leave benefits set forth in Section 9.2 above. Specifically, employees may ~eg~-fe cash out up to 40 hours begi~-~Q-s+~-Apwi~l of holiday leave benefits in April of each calendar ~yenr and an additional 40 hours of holiday leave benefits in November of each calendar year. An employee that does not cash out holiday leave benefits in April may cash out a maximum of 80 hours of holiday leave benefits in November. , ~deve~-13ew: Such option may be eliminated or modified to the extent it is construed as overtime under Department of Labor guidelines implementing provisions of the Fair Labor Standards Act (ELBA). A. The Cash Option is deferred for that period of time beginning July 1 2009, and ending. June 30, 2010. The Cash Option, as modified below, is reinstated effective July 1, 2010. The deferral of the Cash Option shall not affect nn employee's ability to be compensated for accumulated leave upon separation from employment with the City, up to a maximum of 160 hours. B. For that period of time beginning July 1, 2010, and ending June 30, 2013, employees shall be given the option twice per calendar year to receive cash compensation ("cash out") computed on a straight time basis in exchange for 106 hours of their annual holiday leave benefits set forth in Section 9.2 above. Specifically, employees may cash out up to 53 hours of holiday leave benefits in November, 2010; November, 2011; and November 2012; and nn additional 53 hours of holiday leave benefits in April, 2011; April, 2012; and April, 2013. An employee that does not cash out holiday leave benefits in the November period may cash out a maximum of 106 hours of holiday leave benefits in the April period. 9.6 Effective July 1, 2009, a maximum of one (1) year of Holiday benefits may ~e# be carried over from one calendar year to the next. An employee terminating employment with the City may cash out accumulated, unused Holiday leave benefits, not to exceed a maximum of 160 hours. 25C-7 AMENDED ARTICLE X (new language in bold; deleted provisions lined out) 10.0 VACATION 10.3 Longevity Vacation E. Effective July 1, 2005, employees covered by this Agreement shall be given an option once per calendar year, to receive cash compensation computed on a straight time basis in lieu of up to a total of forty (40) hours of their longevity vacation leave benefits set forth in Subsection A above. F. Effective July 1, 2009, all employees covered by this Agreement shall defer for the duration of Fiscal Year 2009-10 an employee's ability to cash out longevity vacation time. The ability to cash out longevity vacation time shall be re-instated July 1, 2010. Such deferral shall not affect an employee's ability to be compensated for all accumulated leave upon termination of employment with the City. G. For the period July 1, 2010 through June 30, 2013, employees covered by this Agreement shall be given an option once per fiscal year, to receive cash compensation computed on a straight time basis in lieu of up to a total of fifty- three (53) hours of their longevity vacation leave benefits set forth in subsection A above. H. Effective July 1, 2013, the yearly longevity cash-out provisions shall revert bock to that ns set forth in section 10.3"E", above. Therefore, effective July 1, 2013, employees covered by this Agreement shall be given nn option once per fiscal year to receive cash compensation computed on a straight time basis in lieu of up to n total of forty (40) hours of their longevity vacation leave benefits set forth in subsection "A", above. Such option may be eliminated or modified at the discretion of the Department to the extent it is construed as overtime under Department of Labor guidelines implementing provisions of the Fair Labor Standards Act (ELBA). 10.4 Limitation on Vacation. A. With the exception of a retiring employee, no employee is granted, and no employee shall be allowed to take, any vacation leave with pay in excess of 400 hours in any one year by any combination of the vacations granted in this Agreement. Further, no employee may carry over from one calendar year to the next more than the equivalent of one longevity vacation period and the equivalent of one regular vacation period from the previous two (2) years, and vacation not taken beyond that amount is forfeited. Therefore, the maximum vacation that an employee with less than six (6) 25C-8 years service could accumulate is 240 hours and only an employee with more than 20 years of service could carry over and take the authorized maximum of 400 hours in any one year. B. For the calendar year period of 2010 through 2013, an employee's maximum year-to-year vacation carry over shall be increased by one (1) additional longevity vacation period. Therefore, for the calendar period 2010 through 2013, nn employee may carry over from one calendar year to the next no more than the equivalent of three (3) longevity vncntion periods and the equivalent of one regular vncntion period from the previous two (2) years, and vacation not taken beyond that amount is forfeited. C. Effective January 1, 2014, the maximum yearly vacation carryover shall revert back to that ns set forth in subsection "A", above, and any accumulated vocation in excess of that maximum allowable carry over not used prior to January 1, 2015, shall be forfeited. D. Notwithstanding the foregoing, for any affected employee who is in jeopardy of losing vacation because of department staffing needs, the Police Chief may provide fora 30-day extension beyond the normal cutoff date so that such employee wi II not lose vacation time. AMENDED ARTICLE XII 12.1A Medical Insurance. Effective January 1, 2011 and Jnnunry 1 2012, respectively the City shall contribute toward medical premiums an amount equal to the percentage increase associated with the Kaiser California CnIPERS HMO plan. Any contributions necessary to maintain benefits under said medical plans in excess of the amounts referenced shall be borne entirely by the Association and/or the enrollees. Amended ARTICLE XXII (new language in bold; deleted provisions lined out) 22.0 LAYOFFS G. The City agrees that there shall be no layoffs of members of this bargaining unit during the fiscal year 2009-2010. 25C-9 Amended ARTICLE XXVI (new language in bold; deleted provisions lined out) 26.0 TERM OF AGREEMENT 26.1 The term of this Agreement shall be from July 1, 2004 through June 30, ~A98 2011. ARTICLE XXVII 27.0 RATIFICATION AND EXECUTION 27.1 The City and the Association have reached an understanding as to certain recommendations to be made to the City Council for the City of Santa Ana and have agreed that the parties hereto will jointly urge said Council to adopt a new wage and salary resolution which will provide for the changes contained in said joint recommendations. The City and the Association acknowledge that this Agreement shall not be in full force and effect until ratified by the membership of the Association and adopted by the City Council of the City of Santa Ana. Subject to the foregoing, this Agreement is hereby executed by the authorized representatives of the City and the Association and entered into this 29'h day of June, 2009. CITY OF SANTA ANA, a Municipal Corporation of the State of California Dated: Dated: Dated: ~~ fib) O`~ ATTEST: CLERK OF THE COUNCIL By: MAYOR By: CITY MANAGER By: ACTING EXECUTIVE DIRECTOR, PERSONNEL SERVICES APPROVED AS TO FORM: CITY ATTORNEY 25C-10 This Agreement has been ratified by the membership of the Santa Ana Police Officers Association. Dated: SANTA ANA POLICE OFFICERS ASSOCIATION By: SID NT CHARLES G DWASSER,ESQ. 25C-11 25C-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 29, 2009 TITLE: AGREEMENT WITH THE POLICE MANAGEMENT ASSOCIATION f ,' ~ ~ ~~, CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S' Reading ^ Ordinance on 2nd Reading ^ {mplementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with the Police Management Association regarding wages and other terms and conditions of employment. DISCUSSION The City and the Police Management Association (PMA) recently completed contract negotiations resulting in a one-year contract extension to the 2008-09 and 2009-10 amended Memorandum of Understanding. This extension period covers July 1, 2010 through June 30, 2011. The provisions of this extended agreement are as follows: 1) Salary: July 1, 2009 = Oo January 1, 2010 = July 1, 2010 = 40 January 1, 2011 = 0% (deferred from July 1, 2009) 2.50 (deferred from January 1, 2010) 2) Holiday and vacation cash out: Employees shall defer holiday and vacation cash out for 2009-10, and maximum cash out value is 160 hours per year for 2010-11, 2011-12, and 2012-13. 3) Educational Incentive: Add new courses to the existing menu of options. Existing maximum earnings remain unchanged. 4) Should any other bargaining unit receive a salary or benefit increase during the term of this Agreement, with the exception of the 4% and 2.5% salary increases originally scheduled for July 1, 2009 and January 1, 2010, respectively, PMA employees shall be granted that salary or benefit equivalent. 25D-1 Agreement with PMA June 29, 2009 Page 2 of 2 FISCAL IMPACT There is a $322,612 savings to the City for deferral of salary increases and leave cash outs. -~ .4~ ,-- Kathie S. Gonzalez Acting Executive Director Personnel Services 25D-2 ONE-YEAR CONTRACT EXTENSION TO THE MEMORANDUM OF UNDERSTANDING, AS AMENDED, BETWEEN THE CITY OF SANTA ANA AND THE SANTA ANA POLICE MANAGERS' ASSOCIATION FOR FISCAL YEAR 2010- l 1 The City of Santa Ana (CITY) and the Police Management Association (PMA) have met and agreed to amend the previously amended 2004-10 Memorandum of Understanding (MOU) between the CITY AND PMA, by extending this amended MOU for one (1) additional year. Tie existing MOU provisions shall remain unchanged unless addressed by this amendment. The new expiration date of the MOU, as amended, shall be June 30, 2011, and MOU shall be amended as follows: AMENDED ARTICLE IV (new language in bold; deleted provisions lined out) 4.3 Salaries. A. The base salaries of employees covered by this Agreement shall be adjusted as follows: Effective July 1, 2008, the base salaries of classifications covered by this Agreement shall be increased by approximately four percent (4%). Effective January 1, 2009, the base salaries of classifications covered by this Agreement shall be increased by approximately two and one-half percent (2.5%). ° Effective July 1, 2009, there shall be no salary increase for employees covered by this Agreement. ° Effective January 1, 2010, there shall be no salary increase for employees covered by this Agreement. Effective July 1, 2010, the base salaries of classifications covered by this Agreement shall be increased by approximately four percent (49'0). Effective Jnnunry 1, 2011, the base salaries of classifications covered by this Agreement shall be increased by approximately two and one-half percent (2.59'0). 25D-3 Should any other bargaining unit, with the exception of SEIU, receive a salary or benefit increase during the term of this Agreement, PMA employees shall be granted that salary or benefit equivalent. The City and Association agree that upon the expiration of this Agreement and during the period of good faith negotiations for a subsequent contract, salary and benefits shall continue at the then current rate. AMENDED ARTICLE VI (new language in bold; deleted provisions lined out) G. Homeland Security Executive Leaders Program. Any employee covered by this Agreement who successfully completes the Homeland Security Executive Lenders Program shall be paid nt a rate set five (5) salary rate ranges (approximately 2.5~a) above his or her then current base monthly salary step. H. Advanced Leadership Program (note new letter "H"). Additional leadership courses to be added to the already existing menu contained in the Advanced Leadership Program under existing Section G are: • FBI-LEEDA Executive Survival 32 hours • Role of the Police Chief 40 hours I. Additional Courses. Any other course, 24 hours or longer, which focuses on developing leadership skills or increasing knowledge of contemporary Inw enforcement issues of a management/executive nature, or which enhances knowledge of community policing strategies or trends. All such courses shall be reviewed and approved by the Chief of Police after he/she ensures that the above criteria is met. AMENDED ARTICLE IX (new language in bold; deleted provisions lined out) 9.6 Leave Cash Option. Employees covered by this Agreement may cash out a combination of the following leaves, up to a maximum of 120 hours in a calendar year. -~#al•ews: Effective July 1, 2009, all employees covered by this Agreement shall defer for the duration of Fiscal Year 2009-10 an employee's ability to cash out holiday leave, regular and/or longevity vacation leave, and management vacation leave. Effective July 1, 2010, employees choosing to cash out a combination of these leaves may begin to do so, up to a maximum of 160 hours in a calendar year as follows: A. Receive cash compensation, computed on straight time basis, up to a maximum of eighty (80) hours of their holiday leave benefits, including the floating holiday, set forth in Section 9.2 above. Effective July 1, 2009, all employees covered by this Agreement shall defer for the duration of Fiscal Yenr 2009-10 an employee's 25D-4 ability to cosh out holiday leave time. The ability to cash out holiday leave time shall be reinstated on July 1, 2010. Such deferral shall not affect an employee's ability to be compensated for accumulated holiday leave time upon separation from employment with the City, not to exceed a maximum of 160 hours. 1. Effective July 1, 2010 through June 30, 2013, employees choosing to cash out their holiday time may do so to n maximum value of 1.33 x 80 hours, or 106 hours per year. B. Receive cash compensation, computed on a straight time basis, up to a maximum of eighty (80) hours of earned, unused regular vacation leave (which includes longevity vacation) benefits, set forth in Sections 10.2 and 10.3, respectively, herein. Effective July 1, 2009, all employees covered by this Agreement shall defer for the duration of Fiscal Year 2009-10 an employee's ability to cash out vacation leave time. The ability to cash out vacation leave time shall be reinstated July 1, 2010. Such deferral shall not affect an employee's ability to cash out vacation leave time upon separation of employment with the City. 1. Effective July 1, 2010 through June 30, 2013, employees choosing to cosh out their vacation leave time may do so up to a maximum value of 1.33 x 80 hours, or 106 hours per year. C. Receive cash compensation, computed on a straight time basis, up to a maximum of forty (40) hours of earned, unused management vacation leave benefits, set forth in Section 10.7 herein. Effective July 1, 2009, all employees covered by this Agreement shall defer for the duration of Fiscal Year 2009-10 nn employee's ability to cash out management vacation time. The ability to cash out management vacation time shall be reinstated July 1, 2010. Such deferral shall not affect an employee's ability to cash out management vacation time upon separation of employment with the City. 1. Effective July 1, 2010 through June 30, 2013 employees choosing to cash out their management vacation leave time may do so up to n maximum value of 1.33x40 hours, or 53 hours per year. The terms and conditions identified in "bold type" above apply to the Cash Option set forth in 9.6 above for the period of time beginning July 1, 2009, and ending June 30, 2013. Effective July 1, 2013, these terms and conditions no longer apply and the Cnsh Option reverts to that set forth above (maximum of 120 hours of combined holiday, regular or longevity vacation, and/or management vacation). Such cash option may be eliminated or modified to the extent it is construed as overtime under Department of Labor Guidelines implementing provisions of the Fair Labor Standards Act. 25D-5 AMENDED ARTICLE XII (new language in bold; deleted provisions lined out) 12.4 Life Insurance. The City shall continue to pay one hundred percent (100%) of the premium cost for term life insurance coverage under the policy it maintains on behalf of its officers and employees in order to provide employees covered by this Agreement with life insurance coverage in an amount equal to twice such employee's annual rate of salary to a maximum of three hundred thousand ($300,000), provided said affected employees can provide evidence of insurability of coverage above one hundred fifty thousand dollars ($150,000) if so required by the terms and conditions of said term life insurance policy. AMENDED ARTICLE XXVI 26.1 The term of this Agreement shall be from July 1, 2010 through June 30, 2011. 25D-6 AMENDED ARTICLE XXVII 27.0 RATIFICATION AND EXECUTION 27.1 The City and the Association have reached an understanding as to certain recommendations to be made to the City Council for the City of Santa Ana and have agreed that the parties hereto will jointly urge said Council to adopt a new wage and salary resolution which will provide for the changes contained in said joint recommendations. The City and the Association acknowledge that this Agreement shall not be in full force and effect until ratified by the membership of the Association and adopted by the City Council of the City of Santa Ana. Subject to the foregoing this Agreement is hereby executed by the authorized representatives of the City and Association and entered into this 29th day of June, 2009. CITY OF SANTA ANA, a Municipal Corporation of the State of California Dated: Dated: Dated: l9~ ~ ~~ ATTEST: CLERK OF THE COUNCIL By: MAYOR By: CITY MANAGER By: ACTING EXECU VE DIRECTOR, PERSONNEL SERVICES 25D-7 APPROVED AS TO FORM: This Agreement has been ratified by the membership of the Santa Ana Police Management Association. Dated: (O/~ Z~ ~ SANTA ANA POLICE MANAGEMENT ASSOCIATION STEVE COLON, PRESIDENT 25D-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 29, 2009 TITLE: AGREEMENT WITH THE FIRE MANAGEMENT ASSOCIATION ., ,.~ ~; ~( 1 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with the Fire Management Association regarding wages and other terms and conditions of employment. DISCUSSION The City and the Fire Management Association (FMA) recently completed contract negotiations resulting in a two-year contract extension to the 2008-09 and 2009-10 amended Memorandum of Understanding. This extension period covers July 1, 2010 through June 30, 2012. The provisions of this extended agreement are as follows: 1} Salary: July 1, 2009 = 0% January 1, 2010 = 0% July 1, 2010 = 4% (deferred from July 1, 2009) January 1, 2011 = 2.5% (deferred from January 1, 2010) July 1, 2011 - June 30, 2012 = 0% 2) Holiday cash out: Employees shall defer holiday leave cash out for 2009-10. Employees may carry over holidays from one calendar year to the next, and maximum cash out value is 192 hours per year. 3) Vacation cash out: Employees shall defer regular and management vacation cash out for 2009-10. Allow carryover of up to three periods of regular vacation and longevity vacation and up to thirty (30) days of management vacation, and maximum cash out value is 160 hours per year, beginning in 2010-11. 4) Shift Replacement Pay: Effective July 1, 2009, each Fire Battalion Chief shall place the first extra 24-hour shift worked into a leave time bank. 25E-1 Agreement with FMA June 29, 2009 Page 2 of 2 5) Should any other bargaining unit receive a salary or benefit increase during the term of this Agreement, with the exception of the 4o and 2.5o salary increases originally scheduled for July 1, 2009 and January 1, 2010, respectively, FMA employees shall be granted that salary or benefit equivalent. FISCAL IMPACT There is a $107,741 savings to the City for deferral of salary increases, leave cash outs and shift replacement deferral. '~~ Kathie S. Gonzalez Acting Executive Director Personnel Services 25E-2 TWO-YEAR CONTRACT EXTENSION TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA And THE SANTA ANA FIRE MANAGEMENT ASSOCIATION FOR FISCAL YEARS 2010-11 AND 2011-12 The City of Santa Ann (CITY) and the Snntn Ann Fire Management Association (SAFMA) have met and agreed to amend the previously amended 2004-10 Memorandum of Understanding (MOU) between the CITY and SAFMA, by extending this amended MOU for two (2) additional years. The existing MOU provisions shall remain unchanged unless addressed by this contract extension. The new expiration date of the MOU shall be June 30, 2012, and the MOU shall be amended~_as follows: AMENDED ARTICLE IV (new language in bold; deleted provisions lined out) 4.3 Salary Adjustments. o Effective July 1, 2009, there shall be no salary increase for employees covered by this Agreement Effective July 1, 2009, Miscellaneous employees covered by this Agreement shall contribute an additional 2.3% of their salary (for a total of 6.3%) toward the 2.7% at 55 retirement benefit. To the extent permitted by CaIPERS and Internal Revenue Service regulations, this additional 2.3% contribution shall be implemented through payroll deduction on a pre-tax basis. O Effective January 1, 2010, there shall be no salary increase for employees covered by this Agreement. Effective July 1, 2010, the base salary of employees covered by this Agreement shall be increased by approximately 49'0. 25E-3 Effective Jnnunry 1, 2011, the base salary of employees covered by this Agreement shall be increased by approximately 2.59'0. Effective July 1, 2011, there shall be no salary increase for employees covered by this Agreement. Effective January 1, 2012, there shall be no salary increase for employees covered by this Agreement. Should any other bargaining unit receive a salary or benefit increase of greater value than that set forth above (49'o and 2.59'0, respectively) during the term of this Agreement, the SAFMA shall be granted that salary or benefit equivalent value as well. AMENDED ARTICLE VIII (new language in bold; deleted provisions lined out) 8.2 Shift Replacement Pay/Special Assignment Pay for Fire Battalion Chiefs. D. Effective July 1, 2009, each Fire Battalion Chief assigned to Suppression agrees to place one (1) extra twenty-four (24) hour shift worked into a leave time bank. The employee shall not take off this twenty-four (24) hour shift during Fiscal Year 2009-10. Effective July 1, 2010, the twenty- four (24) hour shift may be taken off. AMENDED ARTICLE IX (new language in bold; deleted provisions lined out) 9.3 Cash Option. Employees covered by this Agreement will be given an option once per calendar year to receive cash compensation computed on a straight time basis in lieu of all or part of their holiday leave benefits set forth in Section 9.2 above. Such cash option may be eliminated or modified at the discretion of the Fire Department to the extent necessary to service the best interests of the department, to the extent it represents additional costs to the City, or to the extent it is construed as overtime under Department of Labor Guidelines implementing provisions of the Fair Labor Standards Act. Effective July 1, 2009, all employees covered by this Agreement shall defer for the duration of Fiscal Year 2009-10 the employee's ability to cash out holiday leave time. The ability to cash out holiday leave time shall be re- instated July 1, 2010. Such deferral shall not affect an employee's ability to be compensated for the accumulated holiday leave time upon separation from 25E-4 employment with the City, not to exceed n maximum of 288 hours for employees assigned to the twenty-four (24) hour work shift schedule, or 192 hours for employees assigned to a forty (40) hour work week schedule. Effective July 1, 2010, employees choosing to cash out their holiday time may do so to a maximum value of 1.33 x 96 hours, or 128 hours for employees assigned to a forty (40) hour work week schedule, or 1.33 x 144 hours, or 192 hours for employees assigned to a twenty-four (24) hour work shift schedule. AMENDED ARTICLE X (new language in bold; deleted provisions lined out) 10.2 Regular Vacation Period. C. Computing Regular Vacation. 2. No employee may carry over from one calendar year to the next, more than the equivalent of #~e-(~-) three (3) regular vacation periods from the previous two (2) years, and vacation not taken beyond that amount is forfeited. A regular vacation period is defined as the maximum amount of vacation earned in a calendar year as provided in Subsection A above. 10.4 Limitation on Vacation. With the exception of a retiring employee, no employee is granted, and no employee shall be allowed to take any vacation leave with pay in excess of fifty (50) working days in any one year by combination of the vacations granted in this Agreement. Further, no employee may carry over from calendar year to the next more than the equivalent of twe-(~~ three (3) longevity vacation periods and the equivalent of ewe-E23 three (3) regular vacation periods from the previous two (2) years and vacation not taken beyond that amount is forfeited. , 10.6 Vacation Pay Options. Once each #+sc~l calendar year, all employees covered by this Agreement shall be given the option to receive cash compensation, computed on a straight-time basis, in lieu of up to five (5) working days of earned, unused vacation leave benefits set forth in this Article. Effective January 1, 25E-5 2009, employees covered by this Agreement may cash out up to a total of 10 working days of earned, unused vacation leave benefits (including management vacation leave) set forth in this Article. Effective July 1, 2009, all employees covered by this Agreement shall defer for the duration of Fiscal Year 2009-10 an employee's ability to cash out vacation leave time. The ability to cash out vacation leave time shall be re- instated July 1, 2010. Such deferral shall not affect an employee's ability to be compensated for the accumulated vacation leave time upon separation from employment with the City. Effective July 1, 2010, employees choosing to cash out their vacation leave time may do so to a maximum value of i .33 x 120 hours, or 160 hours per year for employees assigned to the twenty-four (24) hour work shift schedule, or 1.33 x 80 hours, or 106 hours for employees assigned to a forty (40) hour work week schedule. This cap on annual cosh out of regular vacation shall not affect an employee's ability to be compensated for accumulated regular vacation leave time upon separation from employment with the City. 10.7 Management Vacation Benefit. Employees covered by this Agreement will be granted an additional five (5) working days [five (5), eight (8)-hour days for forty (40) hour employees and five (5), twelve (12) hour days for shift employees] per calendar year over the regular and longevity vacation schedule applicable to represented non-management employees of the City subject to a maximum accrual of thirty (30) days of such additional five (5) days per year. AMENDED ARTICLE XXVI 28.1 The term of this Agreement shall be from July i, 2004 through June 30, X19 2012. 25E-6 ARTICLE XXVII 27.0 RATIFICATION AND EXECUTION 27.1 The City and Association have reached an understanding as to certain recommendations to be made to the City Council for the City of Santa Ana and have agreed that the parties hereto will jointly urge said Council to adopt a new wage and salary resolution which will provide for the changes contained in said joint recommendations. The City and the Association acknowledge that this Agreement shall not be in full force and effect until ratified by the membership of the Association and adopted by the City Council of the City of Santa Ana. Subject to the foregoing, this Agreement is hereby executed by the authorized representatives of the City and Association and entered into this §*~ 29th day of ~U'~y-2A9~ June 2009. CITY OF SANTA ANA, a Municipal Corporation of the State of California Dated: By: MAYOR Dated: Dated: _ ~o~ ~, ~~ By: CITY MA AGER gy: 'R~. ACTING EXECUTIVE DIRECTOR PERSONNEL SERVICES ATTEST: CLERK OF THE COUNCIL APPROVED AS TO FORM: CITY ATTORNEY 25E-7 This Agreement has been ratified by the membership of the Santa Ana Fire Management Association. Dated: ~ - z 3 - O q SANTA ANA FIRE MANAGEMENT ASSOCIATION By: `. RANDY BLACK, PRESIDENT 25E-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JL7NE 2 9, 2 0 0 9 TITLE RESOLUTION PERTAINING TO UNAFFILIATED CONFIDENTIAL EMPLOYEES CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For, CONTINUED TO ~(. ~ ~~i%~-«--------.. FILE NUMBER CITY MANAGER RECOMMENDED ACTION Adopt a Resolution regarding wages and benefits for Unaffiliated Confidential classifications of employment. DISCUSSION The City has recently completed contract negotiations with the Santa Ana Management Association (SAMA), Police Officers Association (POA}, Police Management Association (PMA), Fire Benevolent Association (FBA), and Fire Management Association (FMA), resulting in contract extensions to their 2008-09 and 2009-10 amended Memorandums of Understanding. In conjunction with Council's approval of the wage and benefit changes for represented employees, the subject action will provide for similar changes for the City's unrepresented Unaffiliated Confidential (UC) employees. Unaffiliated Confidential classifications are those assigned to perform work in support of employee-employer relations activities. The provisions of this resolution are as follows: 1) Salary: July 1, 2009 = 0% January 1, 2010 = 0% July 1, 2010 = 40 (deferred from July 1, 2009) January 1, 2011 = 2.50 (deferred from January 1, 2010) July 1, 2011 - June 30, 2012 = Oo 2) Vacation cash out: Employees shall defer longevity vacation cash out for 2009-10. Allow carryover of 60 hours of longevity vacation. The maximum cash out value is 90 hours for 2010-11 and 2011-12. 55A-1 RESOLUTION PERTAINING TO UNAFFILIATED CONFIDENTIAL EMPLOYEES June 29, 2009 Page 2 of 2 FISCAL IMPACT There is a total savings to the City of $236,323 for the deferral of the salary increases and leave cash outs. ~;~~~~ - : ,~~ Kathie S. Gonzalez Acting Executive Director Personnel Services 55A-2 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 82-110 TO DEFER SALARY INCREASES AND LONGEVITY VACATION CASH OUT FOR CLASSIFICATIONS OF EMPLOYMENT DESIGNATED AS UNAFFILIATED CONFIDENTIAL. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. Section 1004, Article X of the City Charter of the City of Santa Ana requires the City Manager to prepare, install and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council. B. On August 2, 1982, the City Council passed and adopted Resolution No. 82-110 revising and re-establishing the Basic Classification and Compensation Plan for Officers and Employees of the City of Santa Ana; and on December 21, 1987, the City Council passed and adopted Resolution No. 87-94, amending Resolution No. 82-110, to establish a Basic Classification and Compensation Plan for classifications of employment designated as Unaffiliated Confidential (UC), and to set forth certain levels of salaries and benefits for these classifications. C. The City Council has amended Resolution No. 82-110 on numerous occasions since its adoption. D. On June 4, 2007, the City Council passed and adopted Resolution 2007- 042, amending Resolution No. 82-110 to provide for certain salary increases and certain benefits for Unaffiliated Confidential (UC). E. In an on-going effort to maintain the City's financial stability in a difficult economic climate, it is now recommended that the City Council of the City of Santa Ana amend Resolution No. 82-110 by authorizing the City Manager to defer the salary increases scheduled for July 1, 2009 and January 1, 2010 and longevity vacation cash out, for all classifications of employment designated as Unaffiliated Confidential (UC). F. It is now desired to amend Council Resolution No. 82-110 to effect these changes. Section 2: That Subsection 3 of Resolution No. 82-110 Assignment of Classes of Employment to Salary Rate Ranges, as amended, is hereby further amended, by 55A-3 assigning the following classification to the salary rate ranges, on the effective date, as next hereinafter set out: Classification Title Budget Analyst (UC) Council Services Secretary (UC) Executive Assistant (UC) Executive Secretary to the Police Chief (UC) Legal Office Assistant (UC) Legal Secretary (UC) Liability Claims Coordinator (UC) Liability Claims Processor (UC) Loss Control Analyst (UC) Loss Control Office Specialist (UC) Loss Control Technician (UC) Management Aide (UC) Management Analyst (UC) Management Assistant (Exempt) (UC) Outreach Program Coordinator (UC) Paralegal (Exempt) (UC) Payroll Systems Analyst (UC) Payroll Technician (UC) Personnel Analyst (UC) Personnel Executive Secretary (UC) Personnel Secretary (UC) Personnel Services Receptionist (UC) Personnel Services Specialist (UC) Personnel Technician (UC) Police Personnel Services Specialist (UC) Secretary to the City Manager (UC) Senior Budget Analyst (UC) Senior Legal Management Assistant (Exempt) (UC) Senior Legal Office Assistant (UC) Senior Legal Secretary (UC) Senior Management Analyst (UC) Senior Management Assistant (Exempt) (UC; Senior Paralegal (Exempt) (UC) Senior Payroll Technician (UC) Senior Personnel Analyst (UC) Senior Personnel Receptionist (UC) Senior Personnel Services Specialist (UC) Senior Personnel Technician (UC) Senior Workers Compensation Claims Assistant (UC) Senior Workers Compensation Claims Examiner (UC) Training Coordinator (UC) Workers Compensation Claims Assistant (UC) 6 S__tep Salary Rate Rancte No Effective 7/1/09 (monthly $ min-max) 7/1/10 1/1/11 655 $5101-$6510 663 668 576 $3467-$4426 584 589 632 $4556-$5818 640 645 607 $4034-$5151 615 620 531 $2782-$3550 539 544 575 $3449-$4404 583 588 690 $6050-$7723 698 703 580 $3533-$4511 588 593 650 $4978-$6353 658 663 580 $3533-$4511 588 593 629 $4493-$5734 637 642 629 $4493-$5734 637 642 655 $5101-$6510 663 668 655 $5101-$6510 663 668 684 $5876-$7499 692 697 610 $4091-$5226 618 623 695 $6200-$7913 703 708 609 $4074-$5201 617 622 650 $4978-$6353 658 663 597 $3841-$4906 605 610 576 $3467-$4426 584 589 558 $3176-$4054 566 571 568 $3335-$4257 576 581 609 $4074-$5201 617 622 589 $3695-$4718 597 602 653 $5051-$6446 661 666 684 $5876-$7499 692 697 684 $5876-$7499 692 697 558 $3176-$4054 566 571 597 $3841-$4906 605 610 684 $5876-$7499 692 697 684 $5876-$7499 692 697 650 $4978-$6353 658 663 629 $4493-$5734 637 642 694 $6170-$7875 702 707 576 $3467-$4426 584 589 589 $3695-$4718 597 602 629 $4493-$5734 637 642 604 $3974-$5076 612 617 669 $5461-$6971 677 682 694 $6170-$7875 702 707 580 $3533-$4511 588 593 55A-4 Workers Compensation Claims Examiner (UC) 639 $4718-$6021 647 652 Section 3. That Section 12 of Resolution No. 82-110 Employee Benefits for Full- Time Unaffiliated Confidential Employees, as amended, is hereby further amended as set forth below: A. The first paragraph of Subsection O. Other Compensation Plan Changes shall defer until July 1, 2010 the "longevity vacation cash out" option and shall be amended to read as follows: 1. General. Unaffiliated Confidential employees will be subject to the same changes in compensation plan provisions, including but not limited to, advancement and reductions in salary steps; bilingual pay; applicable assignment/incentive pay; overtime work; holidays; vacation, bereavement and other leaves of absence; employee insurance, including health, dental and life insurance; access to participate in the City's vision plan; retirement; work week schedule, as provided or as will be provided to full-time CaIPERS miscellaneous general service employees represented by SEIU, on or after July 1, 2007. The above notwithstanding, the longevity vacation cash out option for all employees covered by this Resolution shall be suspended for the period July 1, 2009 to June 30, 2010. Section 4: That except as amended by this Resolution, all other provisions of Resolution No. 82-110, as amended, shall remain in full force and effect. Section 5: This Resolution shall be operative from and after July 1, 2009. ADOPTED this 29th day of June, 2009. APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Joseph Straka Assistant City Attorney Miguel A. Pulido Mayor 55A-5 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2009- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 55A-6