Resolution - 2017-91RESOLUTION NO. 2017-91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, APPROVING THE SIDE
LETTER OF AGREEMENT TO THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF WEST COVINA
AND THE MAINTENANCE & CRAFTS EMPLOYEES'
ASSOCIATION ELIMINATING THE FLEET SERVICES
DIVISION
WHEREAS, the City of West Covina has met and conferred with representatives for the West
Covina Maintenance and Crafts Employees' Association; and
WHEREAS, the City of West Covina and the West Covina Maintenance and Crafts Employees'
Association have agreed upon certain changes, relating to fleet services, to the
benefits and terms and conditions of employment to the existing Memorandum of
Understanding (MOU) which expired on June 30, 2017, but the terms of which
remain in effect pending negotiations for fiscal year 2017-18; and
WHEREAS, this agreement has been referred to the City Council for their consideration of the
terms.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA DOES
HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The Side Letter Agreement between the City of West Covina and the West
Covina Maintenance and Crafts Employees' Association attached hereto as Exhibit "A" is hereby
approved and ratified.
SECTION 2. That the Mayor is authorized to sign and the City Clerk shall certify to the
adoption of this resolution and thereafter the same shall be in full force and effect.
PASSED, APPROVED, AND ADOPTED this 5th day of September, 2017.
ATTEST APPROVED AS TO FORM
Kimberly Hall Barlow
City Attorney
I, HEREBY CERTIFY that the foregoing resolution was duly adopted by the City
Council of the City of West Covina, California, at a regular meeting thereof on the 5th day of
September, 2017, by the following vote of the City Council:
AYES: Johnson, Toma, Spence
NOES: None
ABSENT: Wu, Warshaw
ABSTAIN: None
Nliekcclas S. Le
City Clerk'.
EXHIBIT A
SIDE LETTER AGREEMENT
TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF WEST COVINA AND THE MAINTENANCE AND
CRAFTS EMPLOYEES' ASSOCIATION
WHEREAS the City of West Covina ("City") and the Maintenance and
Crafts Employees' Association ("Association") have entered into a Memorandum
of Understanding ("MOU") effective until June 30, 2017;
WHEREAS, the City and the Association have engaged in meet and
confer negotiations regarding a new MOU for the fiscal year 2017-2018, but have
not yet reached agreement;
WHEREAS the MOU provides that there shall be no changes in wages,
hours and working conditions during its term without the mutual consent of the
parties;
WHEREAS the City has elected to contract out the servicing of its fleet of
vehicles and heavy equipment, in conjunction with a lease of a portion of the City
Yard, to promote efficiency and efficacy within the City, and to provide greater
utilization of an under-utilized asset and to raise revenue. As a result, the Fleet
Services Division will be eliminated and the employees directly impacted by this
action will be relocated to other positions within this Association without loss of
pay;
WHEREAS the parties have met and conferred and reached agreement
regarding and agree that this shall be treated as an amendment to the MOU to
be effective September 6, 2017.
NOW, THEREFORE, THE PARTIES do hereby agree as follows:
1. This side letter shall amend the wages, hours and other terms and
conditions of employment set forth in the current MOU between the parties
only to the extent specifically set forth herein. All other wages, hours and
other terms and conditions of employment shall remain in full force and
effect, and unaffected by this agreement, unless specifically modified in a
subsequent written agreement by the parties;
2. The new structure for servicing the City's fleet will require an employee to
fill a "Fleet Services Coordinator" position in the General Employees'
Association; thus, a competitive internal recruitment will be held for the
newly created position;
3. The City agrees to relocate Maintenance Worker II, Raul Lopez, from
Fleet Services to Street Maintenance Division;
4. The City agrees to relocate Equipment Mechanic II, Octavio Aguilar, to
Maintenance Worker I in the Sewer Maintenance Division. Mr. Aguilar will
be Y-Rated to maintain pay rate until promotional increases match or
exceed Y-Rated pay. No COLA increases are applicable. (Note: Octovio
has the least amount of seniority in the group and he likely does not meet
the minimum requirements for the new Fleet Services Coordinator
position. However, if Octovio does meet the minimums and wins the
position, then we can insert either Tony Saldana or Danny Martinez in this
spot.)
5. The City agrees to relocate Danny Martinez and/or Tony Saldana to
Maintenance Worker I in the Street Maintenance Division, contingent on
the results of a competitive internal recruitment for Fleet Services
Coordinator.
6. Unless selected as Fleet Services Coordinator, the aforementioned
employees will be Y-Rated and will remain at Y-Rated pay until
promotional increases match or exceed Y-Rated pay. No COLA increases
are applicable;
7. Any candidate who otherwise meets all the qualifications for the Fleet
Services Coordinator shall be given six months to acquire the required
licenses and certifications and serve a one-year probationary period in the
new position.
8. If the employee selected to fill the Fleet Services Coordinator position is
unsuccessful at passing probation, that employee will be allowed to move
to a Maintenance Worker I position and be Y-Rated at their pay rate prior
to their promotion to Fleet Services Coordinator.
9. The Association has approved the job specification for the Fleet Services
Coordinator position, a position within the General Employees'
Association, which was approved by the West Covina City Council on
August 15, 2017.
This agreement is subject to ratification by the membership of the Maintenance
and Crafts Employees' Association and adoption by the City Council of the City
of West Covina.
PARTIES TO THE AGREEMENT
CITY OF WEST COVINA MAINT. & CRAFTS EMPLOYEES'
ASSOCIATION
Chris Freeland Date Miguel Rueff Date
City Manager MCEA President
Edward M. Macias Date
Human Resources Director
SIDE LETTER AGREEMENT
TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF WEST COVINA AND THE MAINTENANCE AND
CRAFTS EMPLOYEES' ASSOCIATION
WHEREAS the City of West Covina ("City") and the Maintenance and
Crafts Employees' Association ("Association") have entered into a Memorandum
of Understanding ("MOU") effective until June 30, 2017;
WHEREAS, the City and the Association have engaged in meet and
confer negotiations regarding a new MOU for the fiscal year 2017-2018, but have
not yet reached agreement;
WHEREAS the MOU provides that there shall be no changes in wages,
hours and working conditions during its term without the mutual consent of the
parties;
WHEREAS the City has elected to contract out the servicing of its fleet of
vehicles and heavy equipment, in conjunction with a lease of a portion of the City
Yard, to promote efficiency and efficacy within the City, and to provide greater
utilization of an under-utilized asset and to raise revenue. As a result, the Fleet
Services Division will be eliminated and the employees directly impacted by this
action will be relocated to other positions within this Association without loss of
pay;
WHEREAS the parties have met and conferred and reached agreement
regarding and agree that this shall be treated as an amendment to the MOU to
be effective September 6, 2017.
NOW, THEREFORE, THE PARTIES do hereby agree as follows:
1. This side letter shall amend the wages, hours and other terms and
conditions of employment set forth in the current MOU between the parties
only to the extent specifically set forth herein. All other wages, hours and
other terms and conditions of employment shall remain in full force and
effect, and unaffected by this agreement, unless specifically modified in a
subsequent written agreement by the parties;
2. The new structure for servicing the City's fleet will require an employee to
fill a "Fleet Services Coordinator" position in the General Employees'
Association; thus, a competitive internal recruitment will be held for the
newly created position;
3. The City agrees to relocate Maintenance Worker II, Raul Lopez, from
Fleet Services to Street Maintenance Division;
4. The City agrees to relocate Equipment Mechanic II, Octavio Aguilar, to
Maintenance Worker I in the Sewer Maintenance Division. Mr. Aguilar will
be Y-Rated to maintain pay rate until promotional increases match or
exceed Y-Rated pay. No COLA increases are applicable. (Note: Octovio
has the least amount of seniority in the group and he likely does not meet
the minimum requirements for the new Fleet Services Coordinator
position. However, if Octovio does meet the minimums and wins the
position, then we can insert either Tony Saldana or Danny Martinez in this
spot.)
5. The City agrees to relocate Danny Martinez and/or Tony Saldana to
Maintenance Worker I in the Street Maintenance Division, contingent on
the results of a competitive internal recruitment for Fleet Services
Coordinator.
6. Unless selected as Fleet Services Coordinator, the aforementioned
employees will be Y-Rated and will remain at Y-Rated pay until
promotional increases match or exceed Y-Rated pay. No COLA increases
are applicable;
7. Any candidate who otherwise meets all the qualifications for the Fleet
Services Coordinator shall be given six months to acquire the required
licenses and certifications and serve a one-year probationary period in the
new position.
8. If the employee selected to fill the Fleet Services Coordinator position is
unsuccessful at passing probation, that employee will be allowed to move
to a Maintenance Worker I position and be Y-Rated at their pay rate prior
to their promotion to Fleet Services Coordinator.
9. The Association has approved the job specification for the Fleet Services
Coordinator position, a position within the General Employees'
Association, which was approved by the West Covina City Council on
August 15, 2017.
This agreement is subject to ratification by the membership of the Maintenance
and Crafts Employees' Association and adoption by the City Council of the City
of West Covina.
CITY OF WEST COVINA
Chris Freeland
City Manager
PARTIES TO THE AGREEMENT
Edward M. Macias Date
Human Resources Director
MAINT. & CRAFTS EMPLOYEES'
ASSOCIATION
Miguel Rueff 'uate
MCEA Presiden)7
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