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