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2005-015RESOLUTION NO. 2005 - 15 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 City of Anaheim and the Anaheim Municipal Employees Association, General Unit, have met and conferred and reached an understanding to amend Article 40 (Vacation) and Article 50.6 (Pensions) of the Memorandum of Understanding and; WHEREAS, the Anaheim Municipal Employees Association, General Unit is in agreement with the recommendation contained in said Letter of Understanding; and WHEREAS, as a result thereof, the Letter of Understanding dated February 1, 2005, between the parties has been prepared and 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 February 1, 2005, 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. H:\STAFFREP\SF7144SL.DOC THE FOREGOiNO RESOL~JTION is appraved and adopted by the City Council of the City of Anaheim this _. 15th ~ day of February 2005. AYES: Mayor Pringle, Council Members Sidhu, Galloway, Chavez, Hernandez NOES: None A35EN7-: None Ar3STAIN: None MAYOR OF THE CITY O AN HEIM A~;~'T`E T: _. _. ~~-~ C. 'Y CLEFi~ OF HE GETY OF ANAHEIM A`~pROVEI~ A~ a FORM: J~=~C1< L.~yHITE CITY ATTORNEY H ~4S~AFFFtEP~S F7? 44SL. DQC 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) after meeting and conferring, have reached an understanding to amend Article 40 (Vacation) and Article 50.6 (Pensions) of the Memorandum of Understanding between the parties effective January 1, 2004 through January 12, 2006. The PARTIES have reached an understanding as follows: 1. AMEA and ANAHEIM agree to amend Article 50.6 (Pensions) as follows: 50.6 Pensions 50.6.1 ANAHEIM agrees to amend its contract with PERS to provide the following benefits: a) Military Buyback (Government Code Section 20930.3). b) Fourth Level 1959 Survivor Benefits (Government Code Section 21382.5). 50.6.1.1 ANAHEIM agrees to implement procedures to amend the PERS Miscellaneous Plan for Anaheim City, Employer Number 303, to reflect: 1 ) a Pre-Retirement Optional Settlement 2 Death Benefit and 2) to replace the current $500 Retiree Death Benefit with a $5,000 retiree benefit, contingent upon agreement being reached by March 30, 2001, with all bargaining units representing miscellaneous employees. If agreement is not reached by March 30, 2001, with all bargaining units representing miscellaneous employees, ANAHEIM will not amend the PERS Miscellaneous Plan for Anaheim City, Employer Number 303. 50.6.1.2 ANAHEIM aarees to amend the City's contract with the Public Employees Retirement System Fire Safety Plan effective November li, 2001, to provide Government Code X21362.2 benefits (~~3%@50") for all classifications represented by the AMEA assigned to the Fire Safety Plan. 50 6 1 2 Effective the first pay period following City Council adoption of this Letter of Understanding each Fire Safety Plan employee shall be required to pay 2/1/2005 2.5% of the employer PERS rate as a result of the 3% @ 50 retirement benefit. 50.6.2 ANAHEIM shall contribute 7% (seven percent) of the employee contribution for retirement .benefits for employees currently making a 7% (seven percent) contribution and ANAHEIM shall contribute 9% (nine percent) of the employee contribution for retirement benefits for employees currently making a 9% (nine percent) contribution in accordance with the provisions of the contract between ANAHEIM and the Public Employees' Retirement System. 50.6.3 ANAHEIM shall contribute a portion of the cost of employee survivors' benefits in accordance with the provisions of the above contract. 50.6.4 The contract between PERS and ANAHEIM and all the amendments there to as it applies to employees in classifications listed in Appendix "A" shall become a part of this Memorandum by reference. 2. AMEA and ANAHEIM agree to amend Article 40 (Vacation) as follows: ARTICLE 40 VACATION 40.1 Regular, full-time employees with an average workweek of forty (40) hours who are enrolled in the PERS Miscellaneous Plan for Anaheim City shall receive annual vacation with pay in accordance with the following provisions. Effective the first day of the pay period following City Council adoption of this Agreement employees shall accrue paid vacation as follows: 40.1.1 For employees hired prior to adoption of this Agreement, for the first four years of continuous, full-time service such employees shall accrue paid vacation at the rate of four (4) hours for each complete biweekly pay period plus two (2) hours of paid vacation at the close of the final complete biweekly pay period of each fiscal year (106 hours year). The maximum amount of vacation that may be accumulated shall be two hundred twelve (212) hours. 40.1.2 For employees hired on or after City Council adoption of this Agreement, for the first four years of continuous, full-time service employees shall accrue paid vacation at the rate of three (3) hours for each complete biweekly pay period plus two (2) hours of paid vacation at the close of the final complete biweekly pay period of each fiscal year (80 hours year). The maximum amount of vacation that may be accumulated shall be one hundred sixty (160) hours. 40.1.3 Upon completion of four years of continuous, full-time service, such employees shall accrue paid vacation at the rate of five (5) hours for each complete 2 biweekly pay period (130 hours ). The maximum amount of vacation that maY be accrued shall be two hundred sixty (260) hours. 40.1.4 Upon completion of eight years of continuous, full-time service, such employees shall accrue paid vacation at the rate of six (6) hours for each complete biweekly pay period (156 hours ). The maximum amount of vacation that may be accrued shall be three hundred twelve (312) hours. 40.1.5 Upon completion of fourteen years of continuous, full-time service such employees shall accrue paid vacation at the rate of seven (7) hours for each complete biweekly pay period (182 hours ). The maximum amount of vacation that may be accrued shall be three hundred sixty four (364) hours. 40.1.6 Upon completion of nineteen years of continuous, full-time service, such employees shall accrue paid vacation at the rate of eight (8) hours for each complete biweekly pay period (208 hours ). The maximum amount of vacation that may be accrued shall be four hundred sixteen (416) hours. 40.1.7 Upon completion of twenty-four years of continuous, full-time service, employees shall accrue paid vacation at the rate of nine (9) hours for each complete biweekly pay period (234 hours ). The maximum amount of vacation that may be accumulated shall be four hundred sixty eight (468) hours. 40.2 ReQUlar, full-time employees with an avera4e workweek of forty (40 hours who are enrolled in the PERS Fire Safety Plan for Anaheim City shall receive annual vacation with pay in accordance with the following provisions. Effective the first day of the pay period following City Council adoption of this Agreement employees shall accrue paid vacation as follows: 40.2.1 For employees hired on or after the first day of the pay period following City Council adoption of this Letter of Understanding, for the first four years of continuous, full-time service such employees shall accrue paid vacation at the rate of three (3) hours for each complete biweekly pay period plus two (2) hours of paid vacation at the close of the final complete biweekly pay period of each fiscal year (80 hours~er year). The maximum amount of vacation that may be accrued is 160 hours. 40.2.2 Upon completion of four years of continuous, full-time service, such employees shall accrue paid vacation at the rate of four (4) hours for each complete biweekly pay period plus two (2) hours of paid vacation at the close of the final complete biweekly pay period of 3 each fiscal year (106 hours. The maximum amount of vacation that may be accrued shall be two hundred sixty (260) hours. 40.2.3 Upon completion of eight years of continuous, full-time service, such emplovees shall accrue paid vacation at the rate of five (5~ hours for each complete biweekly pay period (130 hours). The maximum amount of vacation that may be accrued shall be three hundred twelve (312) hours. 40.2.4 Upon completion of fourteen years of continuous, full-time service such employees shall accrue raid vacation at the rate of six ~6) hours for each complete biweekly pay period (156 hours). The maximum amount of vacation that may be accrued shall be three hundred sixty four (364) hours. 40.2.5 Upon completion of twenty years of continuous, full-time service, such emplovees shall accrue paid vacation at the rate of seven f7) hours for each complete biweekly pay period (182 hours1 The maximum amount of vacation that may be accrued shall be four hundred sixteen (416) hours. 40.2.7 Upon completion of twenty-five years of continuous, full-time service, emplovees shall accrue paid vacation at the rate of eight (81 hours for each complete biweekly pay period (208 hoursl The maximum amount of vacation that may be accrued shall be four hundred sixty eight (468) hours. 40.3 Paid vacations shall continue to accrue in accordance with the above provisions during any period of leave with pay. All vacations shall be scheduled and taken in accordance with the best interests of ANAHEIM and the department or division in which the employee is employed. The maximum amount of vacation that may be taken at any given time shall be that amount that has accrued to the employee concerned. The minimum amount of vacation that may be taken at any given time shall be one-half (~/z) hour. 40.4 An employee shall be eligible to take any accrued vacation upon completion of thirteen (13) complete biweekly pay periods of service. 40.5 Each employee shall have one-half (~/z) hour deducted from weir his or her accrued vacation time for each one-half (~/z) hour of vacation taken. Vacation, which is accrued, but not taken, shall be accumulated. 40.5.1 s' el, ~ds~ -t# ~ ~tie,T~ 4 ~~ 40.6 Upon termination, an employee shall be compensated in cash at his current rate of pay for any vacation accrued but not taken, provided that he has successfully completed his probationary period. 40.7 In the event that any recognized holiday occurs during any employee's vacation, the holiday shall not be charged against the employee's accrued vacation. The only vacation hours that shall be charged against any employee's accrued vacation shall be those hours that the employee is regularly scheduled to work. 40.8 An employee shall have the ability to be compensated for accrued vacation in either two separate increments of up to forty (40) hours each or one increment of up to eighty (80) hours, subject to the following provisions: 40.8.1 A minimum of forty (40) hours of vacation must have been used during the previous twelve months. 40.8.2 An employee's request for the annual vacation payoff is subject to the approval of the employee's department head. 40.8.3 The employee's balance cannot drop below forty (40) hours as a result of the request. 40.8.4 Effective the first day of the pay period following City Council approval of this Agreement, the maximum amount of accrued vacation that an employee may 5 be compensated for in any given calendar year shall not exceed sixty (60) hours. AMEA and ANAHEIM agree that this provision shall remain in effect through the 12th day of January 2006. 2. This Agreement constitutes the entire Agreement between the PARTIES. No modification of this Agreement shall be valid unless in writing and signed by the PARTIES. Any representation, warranty, promise, or statement of information shall not bind the PARTIES unless it is specifically set forth in this Agreement. 3. The PARTIES to this Agreement have read this Agreement and are signing it voluntarily, with full knowledge of its significance, acknowledging a full understanding of the contents contained herein. STAFF OFFICIALS of the CITY OF ANAHEIM, a Municipal Corporation BY~ ~~ `~~.f~ ~ ~IGGZ ev._ -- v By: ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION, General Employees By: ~~' ~ ~---- By: By: Dated : Z -! - Z~25 By: Dated: 6