2000-221RESOLUTION NO. 2000~,-221
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING A MITIGATION AGREEMENT BETWEEN THE ANAHEIM
MUNICIPAL EMPLOYEES ASSOCIATION (GENERAL EMPLOYEES)
AND THE CITY OF ANAHEIM
WHEREAS, the Human Resources Director met and conferred with the officials and
employee representatives of the Anaheim Municipal Employees Association (General
Employees), relating to the effects of contracting with a vendor to provide golf course
maintenance services to the City of Anaheim; and
WHEREAS, the Association is in agreement with the recommendations contained in said
Mitigation Agreement; and
WHEREAS, as a result thereof, the Mitigation Agreement dated August 30, 2000,
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 Mitigation Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that
said Mitigation Agreement dated August 30, 2000 between the Anaheim Municipal Employees
Association (General Employees) and the City of Anaheim, copy of which is attached hereto
and incorporated by reference herein, are hereby approved.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this lOd~ day of October, 2000.
ATTEST:
CII'Y CLER~OF THE CITY OF ANAHEIM
MITIGATION AGREEMENT
between the
ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION, GENERAL EMPLOYEES
and the
CITY OF ANAHEIM
The City of Anaheim (CITY) and the Anaheim Municipal Employees Association (AMEA)
have met and conferred regarding the effects on the AMEA and the golf course maintenance
employees represented by AMEA of any determination by CITY to contract with a vendor to
provide golf course maintenance services to CITY. The parties agree to the following provisions
during the transition period commencing upon the start of the contract with the vendor and
ending when all affected golf course maintenance employees have been reassigned in lieu of
layoff:
1)
2)
3)
4)
CITY and AMEA agree that during the transition period no employee will be laid off and
golf course maintenance employees shall be reassigned on the basis of City seniority to
fulltime positions in equivalent .~ob classifications for which they meet the minimum
qualifications and on the basis of reverse seniority to fulltime positions in lower job
classifications for which they meet the minimum qualifications. However, Golf Course
Maintenance employees shall not be reassigned to the Tree Trimming section until a
decision is reached regarding the contracting out of tree trimming. Effective upon
written notice to the AMEA that the City has decided to retain tree trimming, employees
may be reassigned to that section.
Upon the start of the contract with an outside vendor, golf course maintenance
employees shall be reassigned to vacant fulltime positions pursuant to paragraph 1
above. Such vacant positions may be within the Community Services Department or in
another City department. CITY and AMEA agree that golf course maintenance
employees not re-assigned pursuant to paragraph i upon the start of the contract will
be contracted to the vendor in lieu of layoff for a period up to six months from the start
of the contract. Employees may also be assigned temporarily to the Tree Trimming
section until a decision is reached regarding the contracting out of tree trimming. When
full-time vacancies occur during this six-month contracted-out period golf course
maintenance employees shall be reassigned pursuant to paragraph (1). Employees shall
remain City employees during this contracted-out period.
At the conclusion of the six-month contracted-out period, any remaining golf course
maintenance employees shall be provided temporary work, such as assignment to a
specialty crew to complete turf and irrigation renovation projects in the parks or to Tree
Trimming until a decision is reached regarding the contracting out of tree trimming. As
full-time vacancies occur within this twelve-month period, employees shall be reassigned
pursuant to paragraph (1).
In the event a golf course maintenance employee is reassigned to a classification with a
lower rate of pay, CITY will pay the difference between the employee's rate of pay in
the classification of Golf Course Maintenance Worker at the time of reassignment and
.AMENDED MITiGAION AGREEMENT
GOLF COURSE MAINTENANCE EMPLOYEES
5)
6)
7)
8)
the rate of pay for the lower classification, for eighteen months (thirty-nine (39)
complete biweekly pay periods) from the employee's date of reassignment.
AMEA and CITY shall encourage reassigned employees to seek any and all opportunities
for advancement in their reassigned positions to facilitate the employee's career
transition. This includes but is not limited to obtaining a commercial driver's license if
reassigned to Street Maintenance or seeking apprenticeship opportunities if reassigned
to Urban Forestry.
AMEA and CITY agree to maintain open lines of communication to facilitate
implementation of this Agreement. AMEA or CITY may discuss any issue concerning this
Agreement at either party's request under the provisions of ARTICLE 11 -- DISCUSSION
of the Memorandum of Understanding.
AMEA and CITY agree that the provisions of this Agreement are not intended to conflict
with the provisions of the existing Memorandum of Understanding between the AMEA
General Employees and the City of Anaheim, except where explicitly stated in this
Agreement.
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.
AGREED:
CITY OF: ANAHEIM, a Municipal
Corporation
Chris ]arvi,j?~nmunity S~,i~es Director
~Ivid H~I, Human Resource~ Director
~es- O. Rut~'l~'City Ma~r
Dated
AGREED:
ANAHEIM MUNICIPAL EMPLOYEES
ASSOCIATION, General Employees
LeU Ann Cameron'~AMEA President
Bob~ Relations
Tim Campbell, Golf ~ourses
ted ~
2
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby cedify that the foregoing
Resolution No. 2000R-221 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 17th day of October, 2000, by the following vote of the
members thereof:
AYES:
MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSENT:
MAYOR/COUNCIL MEMBERS: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 17th day of October, 2000.
(~/~,.,// ~
C~'-TY CLER~'OF THE CITY OF ANAHEIM
(SEAL)
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 2000R-221 was duly passed and adopted by the City Council of
the City of Anaheim on October 17th, 2000.
CITY CLE~'K OF THE CITY OF ANAHEIM