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HomeMy WebLinkAboutReso 40-20 Amendment No. 1 to SEIU MOU 2018-20RESOLUTION NO. 40-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ADOPTING AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MORRO BAY AND THE SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU), LOCAL 620, FOR THE PERIOD OF JULY 1, 2017 THROUGH JUNE 30, 2020 THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay (hereinafter the "City') has, and continues to, recognize the Service Employees International Union ("SEIU"), Local 620, as the sole exclusive bargaining agent for the City's miscellaneous employees, for all matters concerning wages, hours and working conditions; and WHEREAS the current Memorandum of Understanding between the City and the SEIU ("SEIU MOU 2017-2020'), which was duly approved by the City Council on September 26 2017, is set to expire on June 30 2020; and WHEREAS, the California Governor on March 4, 2020 proclaimed a State of Emergency to exist in California due to the COVID-19 pandemic, and WHEREAS, the President of the United States on March 13, 2020 declared the outbreak of COVID-19 in the United States constituted a national emergency; and WHEREAS, on March 13, 2020 the San Luis Obispo County Emergency Services Director issued a Proclamation of Local Emergency due to the spread of COVID-19 in the County of San Luis Obispo; and WHEREAS, on March 14, 2020, the Morro Bay City Manager proclaimed a declaration of the existence of a local emergency within the City of Morro Bay due to the threat posed to the City from COVID-19 and that declaration was subsequently ratified by the City Council on March 19, 2020; and • WHEREAS, the City and SEIU have met and conferred to negotiate the terms of a limited extension of duration and term of .the SEIU MOU 2017-20 along with a temporary salary reduction in Tight of the COVID-19 pandemic; and WHEREAS, the City and SEIU have agreed to the following: i) effective May 2, 2020, the base salary for each employee represented by SEIU shall be reduced in the amount of five percent (5%) and ii) the term of the SEIU MOU 2017-2020 shall be extended from June 30, 2020 until December 31, 2020; and WHEREAS, the City's labor relations representatives and SEIU representatives desire to memorialize this agreement by means of an amendment to the SEIU MOU 2017-2020 ("Amendment No. 1'), pursuant to both the Meyers-Milias-Brown Act ("MMBA") (Gov't Code Section 3500-3511) and the City's Employer -Employee Relations Resolution, Resolution No. 08-17; and WHEREAS, pursuant to Gov't Code § 3505.1, the City Council must approve the terms of any memorandum of understanding or amendment thereto reflecting an agreement between the City and SEIU N OW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: S ection 1. The Amendment No. 1 to the SEIU MOU 2017-2020, attached hereto as Exhibit "A," is hereby approved. S ection 2. Except as expressly provided in the Amendment No. 1 to the SEIU MOU 2017-2020, all other provisions of the SEIU MOU 2017-2020 shall remain in full force and effect. PASSED AND ADOPTED by the City Council, City of Morro Bay at a special meeting thereof held on the 28th day of April 2020 by the following vote: AYES. Headding, Addis, Davis, McPherson NOES. Heller ABSENT: None JO WS DING _Myor ATTEST: ANA SWANSON, City City Clerk AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MORRO BAY AND THE SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU), LOCAL 620, FOR THE PERIOD OF JULY 1, 2017 THROUGH JUNE 30, 2020 WHEREAS, the City of Morro Bay (hereinafter the "City") has, and continues to, recognize the Service Employees International Union ("SEIU"), Local 620 as the sole exclusive bargaining agent for the City's miscellaneous employees, for all matters concerning wages, hours and working conditions; and WHEREAS, the current Memorandum of Understanding between the City and the SEIU Local 620 ("SEIU MOU 2017-2020"), which was duly approved by the City Council on September 26, 2017, is set to expire on June 30, 2020; and WHEREAS, the California Governor on March 4, 2020 proclaimed a State of Emergency to exist in California due to the COVID-19 pandemic; and WHEREAS, the President of the United States on March 13, 2020 declared the outbreak of COVID-19 in the United States constituted a national emergency; and WHEREAS, on March 13, 2020, the San Luis Obispo County Emergency Services Director issued a Proclamation of Local Emergency due to the spread of COVID-19 in the County of San Luis Obispo; and WHEREAS, on March 14, 2020, the Morro Bay City Manager proclaimed a declaration of the existence of a local emergency within the City of Morro Bay due to the threat posed to the City from COVID-19, and that declaration was subsequently ratified by the City Council on March 19, 2020; and WHEREAS, the City and SEIU Local 620 have met and conferred to negotiate the terms of an extension of the duration and term of the SEIU MOU 2017-20 and a temporary salary reduction in light of the COVID-19 pandemic; and WHEREAS, the City and SEIU Local 620 have agreed to the following: i) effective May 2, 2020, through December 31, 2020, the base salary for each employee represented by the SEIU Local 620 shall be reduced in the amount of five percent (5%) and ii) the term of the SEIU MOU 2017-2020 shall be extended fi•om June 30, 2020 until December 31, 2020; and WHEREAS, the City's labor relations representatives and SEIU Local 620 representatives desire to memorialize this agreement by means of an amendment to the SEIU MOU 2017-2020 ("Amendment No. 1"), pursuant to both the Meyers-Milias-Brown Act ("MMBA") (Gov't Code Section 3500-3511) and the City's Employer -Employee Relations Resolution, Resolution No. 08- 17; and WHEREAS, the Amendment No. 1 was ratified by the SEIU Local 620 on Apriii , 2020; and WHEREAS, this Amendment No, 1 shall not be in full force and effect until adopted by resolution by the City Council of the City' and WHEREAS, except as provided in this Amendment No. 1, all other provisions of the SFIU MOU 2017-2020 shall remain in full force and effect. NOW, THEREFORE, it is hereby agreed that the SFIU MOU 2017-2020 are amended in the following particulars only: Section 1. Article 7 of the SEIU MOU 2017-2020, entitled "Term," shall be amended to read in its entirety as follows: "ARTICLE 7- TERM Except as otherwise specifically provided herein, the term of this MOU shall be from July 1, 2017, through December 31, 2020. ' Section 2. A new section 18.14 is added to Article 18 of the SEIU MOU 2017~2020, entitled "Wages and Incentives," to read as follows: "18.14 Effective May 2, 2020 through December 31, 2020, the base salaries then in effect for all employees shall be reduced by the amount of five percent (5%). 18.15 The City will defer the 5% salary reduction for any member who submits written notification to the City on or before May 1, 2020 of their intention to retire by August 31, 2020. In the event the employee reconsiders and does not retire by August 31, 2020 the previously waived salary reduction amount shall be imposed along with the remaining 5% salary reduction over the remaining contract period. 18.16 During the entire period of the contract term extension (through December 31, 2020) and expressly expiring thereafter, the City agrees that it will waive any rights it may have under State of California Government Code Section 3504 5(b) or any other means which would allow the City to modify existing wages, hours and terms and conditions of employment without having first met all applicable meet and confer obligations including impasse protections. Nothing herein shall prevent the City from making layoff determinations as a management right, nor implementing layoffs before completion of any requested meet and confer over the impacts over such layoffs." Section 3. City will provide lump sum cash paybacks to employees in October 2020, upon review of the following information and should either or both of the following conditions exist: To the extent that the City closes FY 2019/20 with these already budgeted revenues over expenditures, excluding Stimulus relief as described in #2 below, a lump sum distribution to employees will be discussed and determined during the October financial update to the SEIU Local 620. 2 2. City receives Stimulus relief for projected loss revenue (at least covering 50% of the projected or actual loss in revenue from the pandemic from the key revenue sources of sales tax Transient Occupancy Tax ("TOT"), and permit revenues). This is stimulus relief funds, not to be confused with FEMA reimbursements for expenses incurred for response related efforts. If stimulus relief is provided, 10% of the amount received will be divided equally by the number of full-time equivalent employees then working at the City and paid to Unit members in the form of a one-time lump sum payment not to exceed the salary reduction amount experienced by each employee. The City commits to providing a financial update with FY 2019/20 year-end closure results to SEIU Local 620 on October 15, 2020, to determine the amount of the lump sum payback, if any. These projections will provide more detail as to the actualimpacts of COVID-19 on City revenues, as well as FY 2019/20 actual year-end closure results, and will provide a basis for possible lump sum repayments as well as contract discussions for negotiation purposes for contract beginning January 1, 2020. The City and staff recognize that these are unprecedented times with a number of large variables not being clearly defined. We committed to working with our employee groups and, through discussions, providing a clear picture of the City's finances and probability of salary paybacks. Section 4. In order to reflect salary reductions implemented by this Amendment No. 1, a new Attachment "A-1" shall be added to the SEIU MOU 2017-2020, which is attached hereto and incorporated herein by this reference. Section 5 Except as expressly provided in this Amendment No. 1, all other provisions of the SFIU MOU 2017-2020 shall remain in full force and effect. Section 6 This Amendment No. 1 shall not be in full force and effect until adopted by resolution by the City Council of the City [SIGNATURES ON FOLLOWING PAGE] 3 IT IS SO AGREED: SEIU LOCAL 620 QM -CA) Robert MacL-oi, Field Representa ive At' a pi,. itch,. Lori Stilts, Shop Steward A 1 AA /Agar Imo i a ra. Stein, Tee m Me lb" Dylan Pruitt, Team Member CITY OF MORRO BAY anager Colin J. Tanner, Deputy City Attorney/Labor Negotiator Dana Swanson, City Clerk Laurie oforth, Hum(n Resources Analyst IT IS SO AGREED: 1''ED: SEIU LOCAL 620 wicAsvd-ovato--, Robert MacL o , Field Representai Lori Stilts, Shop Steward .4044id / A A Aral itt neS Stein, Teim Me nUy Dyl j ruitt, Team Member IVVO • CITY OF MORRO BAY Sc 4 Coll tis City aanager Colin J. Talnn4r, Deputy City Attorney/Labor Negotiator u_survi i a Swanso��. City tv Clerk D Humt n R"bsouirces Analyst Laurie tloforth,y CITY OF MORRO BAY - SEIU SALARY SCHEDULE May 2, 2020 - December 31, 2020 Revised per Council approval WASTEWATER SYSTEMS SUPERVISOR ASSOCIATE CIVIL ENGINEER LEAD UTILITY OPERATOR ASSISTANT ENGINEER ENGINEERING TECHNICIAN IV BUILDING INSPECTOR/PLANS CONSOLIDATED MAINT FIELD SUPERVSI 610 ASSOCIATE PLANNER HARBOR PATROL SUPERVISOR 666 HARBOR BUSINESS COORD UTILITY OPERATOR MC (MULTIPLE CERTIFICATION) BUILDING INSPECTOR STEP ANNUAL 5 4 3 2 1 5 4 3 2 1 5 4 3 2 1 5 4 3 2 1 5 4 3 2 1 5 4 3 2 1 5 4 3 2 1 $87,550 $83,381 $79,411 $75,629 $71,848 $77,653 $73,955 $70,434 $67,080 $63,726 $76,131 $72,506 $69,053 $65,765 $62,477 $74,693 $71,136 $67,749 $64,523 $61,297 $70,811 $67,439 $64,228 $61,169 $58,111 $69,668 $66,351 $63,191 $60,182 $57,173 $68,028 $64,789 $61,704 $58,765 $55,827 650 ASSISTANT PLANNER 5 $65,415 MONTHLY 7,295.83 6,948.42 6,617.58 6,302.42 5,987.30 6,471.08 6,162.92 5,869.50 5,590.00 5,310.50 6,344.25 6,042.17 5,754.42 5,480.42 5,206.42 6,224.42 5,928.00 5,645.75 5,376.92 5,108.08 5,900.92 5,619.92 5,352.33 5,097.42 4,842.55 5,805.67 5,529.25 5,265.92 5,015.17 4,764.41 5,669.00 5,399.08 5,142.00 4,897.08 4,652.23 5,451.25 -5.00% Salary Rollback BIWEEKLY 3,367.31 3,206.96 3,054.27 2,908.81 2,763.37 2,986.65 2,844.42 2,709.00 2,580.00 2,451.00 2,928.12 2,788.69 2,655.88 2,529.42 2,402.96 2,872.81 2,736.00 2,605.73 2,481.65 2,357.58 2,723.50 2,593.81 2,470.31 2,352.65 2,235.02 2,679.54 2,551.96 2,430.42 2,314.69 2,198.96 2,616.46 2,491.88 2,373.23 2,260.19 2,147.18 2,515.96 HOURLY 42.09 40.09 38.18 36.36 34.54 37.33 35.56 33.86 32.25 30.64 36.60 34.86 33.20 31.62 30.04 35.91 34.20 32.57 31.02 29.47 34.04 32.42 30.88 29.41 27.94 33.49 31.90 30.38 28.93 27.49 32.71 31.15 29.67 28.25 26.84 31.45 CITY OF MORRO BAY - SEIU SALARY SCHEDULE May 2, 2020 - December 31, 2020 Revised per Council approval UTILITY OPERATOR 670 RECREATION SUPERVISOR 702 ENGINEERING TECH III 690 HARBOR PATROL OFFICER MECHANIC RECREATION COORDINATOR 731 ADMINISTRATIVE TECHNICIAN PERMIT TECHNICIAN - CERTIFIED SUPPORT SERVICES TECHNICIAN PROPERTY EVIDENCE CLERK STEP ANNUAL 4 3 2 1 5 4 3 2 1 5 4 3 2 1 5 4 3 2 1 5 4 3 2 1 5 4 3 2 1 751 CONSOLIDATED MAINTENANCE WORKEI 5 730 ACCOUNT CLK III 4 3 2 1 791 PERMIT TECHNICIAN 5 4 3 2 $62,300 $59,334 $56,508 $53,683 $65,110 $62,010 $59,057 $56,245 $53,433 $65,010 $61,914 $58,966 $56,158 $53,350 $63,412 $60,392 $57,516 $54,777 $52,038 $57,396 $54,663 $52,060 $49,581 $47,102 $55,617 $52,969 $50,446 $48,044 $45,642 $54,651 $52,049 $49,570 $47,210 $44,850 $52,258 $49,770 $47,400 $45,143 MONTHLY 5,191.67 4,944.50 4,709.00 4,473.55 5,425.83 5,167.50 4,921.42 4,687.08 4,452.73 5,417.50 5,159.50 4,913.83 4,679.83 4,445.84 5,284.33 5,032.67 4,793.00 4,564.75 4,336.50 4,783.00 4,555.25 4,338.33 4,131.75 3,925.17 4,634.75 4,414.08 4,203.83 4,003.67 3,803.50 4,554.25 4,337.42 4,130.83 3,934.17 3,737.50 4,354.83 4,147.50 3,950.00 3,761.92 -5.00% Salary Rollback BIWEEKLY 2,396.15 2,282.08 2,173.38 2,064.72 2,504.23 2,385.00 2,271.42 2,163.27 2,055.11 2,500.38 2,381.31 2,267.92 2,159.92 2,051.93 2,438.92 2,322.77 2,212.15 2,106.81 2,001.46 2,207.54 2,102.42 2,002.31 1,906.96 1,811.62 2,139.12 2,037.27 1,940.23 1,847.85 1,755.46 2,101.96 2,001.88 1,906.54 1,815.77 1,725.00 2,009.92 1,914.23 1,823.08 1,736.27 HOURLY 29.95 28.53 27.17 25.81 31.30 29.81 28.39 27.04 25.69 31.25 29.77 28.35 27.00 25.65 30.49 29.03 27.65 26.34 25.02 27.59 26.28 25.03 23.84 22.65 26.74 25.47 24.25 23.10 21.94 26.27 25.02 23.83 22.70 21.56 25.12 23.93 22.79 21.70 CITY OF MORRO BAY - SEIU SALARY SCHEDULE May 2, 2020 - December 31, 2020 Revised per Council approval STEP ANNUAL 1 $42,886 800 CONSOLIDATED MAINTENANCE WORKEI 5 4 ACCOUNT CLERK II 3 2 1 831 OFFICE ASST. IV 840 OFFICE ASST. III 850 ACCOUNT CLERK I CONSOLIDATED MAINTENANCE WORKEI ACCOUNT CLERK IN -TRAINING 5 4 3 2 1 5 4 3 2 1 5 4 3 2 1 $51,027 $48,598 $46,283 $44,079 $41,875 $49,116 $46,777 $44,550 $42,428 $40,307 $45,429 $43,266 $41,206 $39,243 $37,281 $37,577 $35,788 $34,084 $32,460 $30,837 -5.00% Salary Rollback MONTHLY BIWEEKLY 3,573.83 4,252.25 4,049.83 3,856.92 3,673.25 3,489.59 4,093.00 3,898.08 3,712.50 3,535.67 3,358.88 3,785.75 3,605.50 3,433.83 3,270.25 3,106.74 3,131.42 2,982.33 2,840.33 2,705.00 2,56915 1,649.46 1,962.58 1,869.15 1,780.12 1,695.35 1,610.58 1,889.08 1,799.12 1,713.46 1,631.85 1,550.25 1,747.27 1,664.08 1,584.85 1,509.35 1,433.88 1,445.27 1,376.46 1,310.92 1,248.46 1,186.04 HOURLY 20.62 24.53 23.36 22.25 21.19 20.13 23.61 22.49 21.42 20.40 19.38 21.84 20.80 19.81 18.87 17.92 18.07 17.21 16.39 15.61 14.83