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RES-2011-118 RESOLUTION NO. 2011- 118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION, GENERAL UNIT AND THE CITY OF ANAHEIM WHEREAS, the Human Resources Department met and conferred with officials and employee representatives of the Anaheim Municipal Employees Association, General Unit, and reached an agreement intended to mitigate the impact of pending labor force reductions on employees in classifications represented by the Anaheim Municipal Employees Association; and WHEREAS, as a result thereof, a Letter of Understanding dated July 28, 2011 between the parties has been prepared and signed; and WHEREAS, the Union is in agreement with the recommendations contained in said Letter of Understanding; and as a result thereof, the Letter of Understanding dated July 28, 2011, has been signed; and WHEREAS, the City Council of the City of Anaheim does find that it is in the best interest of the City of Anaheim to approve said Letter of Understanding. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Anaheim that the Letter of Understanding dated July 28, 2011 between the Anaheim Municipal Employees Association, General Unit and the City of Anaheim, a copy of which is attached hereto and incorporated by reference herein, is hereby approved. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 16th day of August 2011, by the following roll call vote: AYES: Mayor Tait, Council Members Sidhu, Eastman, Galloway and Murray NOES: None ABSENT: None ABSTAIN: None MA OR OF THE CIT OF ANAHEIM ATTEST: IF 0-411) CITY CLERK OF THE CITY OF ANAHEIM APPROVED AS TO FORM: CRISTINA T LLEY, CIT, TORNEY BY: F: \OT4212CS.DOC LETTER OF UNDERSTANDING between the ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION, GENERAL EMPLOYEES and the CITY OF ANAHEIM The Anaheim Municipal Employees Association (AMEA), General Employees, and the City of Anaheim (ANAHEIM) have met and conferred and agreed to certain provisions intended to mitigate the impact of the City's intent to privatize various Park Maintenance functions. The Parties hereby agree to the following special mitigation provisions: 1. Any layoffs resulting from the implementation of the City Council's approval of agreements with Marina Landscape Inc and Merchants Landscape Services shall not be implemented for at least sixty (60) days following the date of Council action taken July 19, 2011. 2. ANAHEIM will offer the Accelerated Separation Program (ASP) as provided for in the Letter of Understanding entered into by the Parties on January 29, 2010, including provisions for contributions to post retirement medical benefits through the end of the 2012 calendar year, to classes of employees deemed eligible by the City Manager. The City Manager shall retain the sole discretion to approve or deny any application and to close the program at any time. Any decision by the City Manager to deny an application, or to close the application period with or without notification, shall not be subject to review through the grievance procedure. 3. ANAHEIM agrees to pay the COBRA costs associated with health benefit continuation for those qualified employees laid off from their position with ANAHEIM, including those qualified employees who convert from full -time status to part -time status. Such payments shall be made by ANAHEIM through the end of the current calendar year (2011). Effective January 1, 2012, COBRA costs associated with health benefit continuation shall be the responsibility of the individual COBRA participant. 4. ANAHEIM agrees that those employees laid off from their position with ANAHEIM, including those qualified employees who convert from full -time status to part- time status, as a result of the privatization of Park Maintenance services shall constitute the applicant pool for any positions that may become vacant in the Park Maintenance Worker II and the Parks Field Supervisor classification. This limited applicant pool shall be maintained by ANAHEIM for a period of two (2) years from the date of the layoff, or until the list is depleted, whichever occurs first. After two years, all positions will be filled through the normal recruitment processes. AMEA General Employees Letter of Understanding Parks Worker Mitigation Agreement The Parties agree that this Agreement is the result of extraordinary circumstances accruing from the decision by ANAHEIM to privatize specific functions pertaining to the maintenance of ANAHEIM parks, and that this Agreement is intended solely to mitigate the impact of this decision on affected employees. The Parties further agree that this Agreement shall not bind ANAHEIM or serve as precedent in the event such a decision to privatize or otherwise outsource any other services or functions currently provided by ANAHEIM. STAFF OFFICIALS of the CITY OF ANAHEIM, ANAHEIM MUNICIPAL EMPLOYEES a Municipal rporation ASSOCIATION, General Employees By: ,� j' By: Maw AP- By. By: By: B By: B By: B By: B By: } By: Date.. J[ f e ! 30l r Y/ ` � Date I : �• 2