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HomeMy WebLinkAboutMiscellaneous Unit - 091813 d , , 1�1CL� Ory18�3� MEMORANDUM OF UNDERSTANDING 2013 - 2015 This Memorandum of Understanding is entered into pursuant to the Meyers-Millias-Brown Act(Califomia l Government Code Section 3500, et. seq.) and applicable ordinances and resolutions of the City of Ukiah, � between the City of Ukiah (hereinafter "City") and the Miscellaneous Unit (hereinafter "UniY'). As a result of ineet and confer sessions, the City and Unit have agreed to the following understandings. 1. Term The term of this Agreement shall be two (2) years, effective September 18, 2013, through September 18, 2015. 2. 5% Salarv Reduction I I Effective the first full pay period following adoption of this Memorandum of Understanding, I employees in this Unit agree to an ongoing 4-hour pay deduction each pay period, which is equivalent to the value of the 13 annual holidays granted to employees in this Unit. This results in 76 ' base hours paid each pay period for all 26 annual pay periods, including those pay periods with � holidays. 3. Cost Sharina Aqreement � For FY 2013-14 and FY 2014-15, the Unit agreed to concessions and the City agreed to restore and refund an amount equivalent to a portion of revenue if actual revenues exceed adopted budgeted revenues in the General Fund according to the formula listed in the sections below. Given that the formula is based on fiscal year audited revenues, the provisions of this section shall remain in full effect beyond the two year term of this agreement until the audit is completed and available for the purposes of implementing this section of the MOU. This provision provides for the restoration and refund of the concession amount should the total audited revenues of each fiscal year corresponding to the term of this agreement exceed the adopted budgeted revenues of the General Fund for Fiscal Year 2013-14 by $100,000 or more. • The City shall restore an amount equivalent to a percentage calculated by taking the difference in audited revenue for each corresponding year of this MOU and the base year revenue adopted in the FY 2013-14 General Fund Budget and dividing the absolute value by the adopted General Fund FY 2013-14 identified deficit. This shall occur the first full pay period following the City Councifs receipt of the audit. j EXAMPLE: (Audited GF Revenue' - Base Year Adopted FY 13-14 GF Revenue�) Adopted FY 2013-14 GF Deficit = "% of Concession Returned" il ' Audited GF Revenue for the corresponding agreement year 2 Base Year GF Revenue as identified in adopted the FY 13-14 Budget �$14,291,000), Page ES-2 GF Deficit as adopted in FY 13-14 Budget($969,894) � � -- — -- -- -- — — — — —� I • The concession restoration amount will be applied as agreed to between the City and the Unit, subject to meet and confer, at the time the restoration is calculated. . Furthermore, the City shall refund in a lump sum payment to each Unit member the concession amount in part retained by the City over each corresponding fiscal year of the term of this MOU if audited revenues exceed the base year revenue. The lump sum payment shall be equal to the calculated percentage from the formula above multiplied by the base salary received during the same term. . In accordance with CaIPERS law, this payment will not be reported as "pay rate" or "special compensation" and will not be reported to CaIPERS for the purposes of pension calculations. This language reflects the current 2013-14 Fiscal Year City of Ukiah budget methodology. If the City changes the way revenue is accounted, the Unit will be notified in writing and the City shall meet and confer with the Unit to develop equivalent methodology for determining General Fund revenue. Audited revenue is subject to review by the Unit and City staff. Any discrepancies will be identified � by the Unit and shall be submitted to the City. Discrepancies identified by the Unit will be reviewed by the City and shall be applied for the purposes of this provision as agreed to by the City and Unit. The audited revenues are typically found on "Schedule 1 — General Fund Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual for the Year Ended June 30, " in the Audited Financial Statements. Year 1- Examqle 1 (9/12 of a vear, based on the 9/18/2013 MOU adoption date) I I $14,371,000 $14,291,000 = $80,000 = 0°/a Concession II $969,894 Restored Year 1 — Example 2 'I $14,791,000 $14,291,000 = $500,000 5155 or = 51.55°/a of $969,894 Concession Restored ($88,976) I I _ - -' Year 2 - Example 1 _ i $14,351,000 $14,291,000 = $60,000 = 0% Concession Restored $969,894 Year 2 - Example 2 _ 7217 or 72.17% $14,991,000 $14,291,000 = $700,000 ($166,092) of Concession $969,894 = restored, which includes the 51.55% in the Year 1 Example. 4. Pension Reform Act of 2013 (PEPRA) The Public Employees' Pension Reform Act of 2013 (PEPRA)and related Public Employees' Retirement �� Law (PERL) amendments in Assembly Bill (AB) 340 became law on September 12, 2012, and the '� provisions were effective January 1, 2013. ' The Miscellaneous Unit and the City agree to implement all PEPRA provisions, and all applicable amendments thereto. Effective January 1, 2013 Miscellaneous Unit employees defined by PEPRA as "new members" shall pay 50% of the total normal cost for the new Miscellaneous pension formula 2%@ 62, which is currently 6.75% of reportable compensation, with a three-year final compensation period. "Classic members" (employees hired prior to January 1, 2013) will retain the 2.7% @ 55 Miscellaneous PERS formula, 8% member contribution (EPMC), with a one-year final compensation i period. i The PEPRA defines a" new member" as : a) A new hire who is brought into CaIPERS membership for the first time on or after January 1, 2013, and who has no prior membership in any California public retirement system; b.) A new hire who is brought into CaIPERS membership for the first time on or after January 1, 2013, and who is not eligible for reciprocity with another California public retirement system; 3.)A member who first established CaIPERS membership priorto January 1, 2013, and who is rehired by a different CaIPERS employer after a break in service of greater than six months. 5. Retiree Medical Insurance Requirements The minimum years of City service required to continue participation in the City's medical, dental and/or , vision insurance plans upon retirement will be increased from 7 years to 10 years, effective 7-1-2014, in order to comply with REMIF retirement insurance eligibility requirements, standardized for all REMIF cities. I - - - —_ _ __ ' 6. Miscellaneous Unit Modification Miscellaneous Unit employees employed at the City's Water Treatment Plant, Wastewater Treatment Plant, Water and Sewer Department, and City Garage have petitioned the City in accordance with the City's Employer-Employee Resolution No. 73-55, Section 13. "Modification of Established UniY', for the purpose of forming a new and separate bargaining unit. The Unit has complied with the provisions for Modification of Established Unit, and the City agrees to grant a separate bargaining unit to the classifications as listed in the attached Schedule A, effective upon adoption of this agreement. The new Unit will also be formally represented by Operating Engineers Local No. 3. All wages, benefits and other employment provisions contained in the new 2013-2015 Memorandum of Understanding, and past MOU's that are still applicable to the Miscellaneous Unit, will remain in force until modified in future negotiations. Existing Miscellaneous Unit classifications, listed in attached Schedule B, and not inciuded in the Unit modification will continue to be represented by Operating Engineers Local No. 3. 7. Comprehensive MOU I Following adoption of this MOU, the City and Unit agree to work collectively to compile a I comprehensive Memorandum of Understanding incorporating all current and previous agreements currently applicable to this Unit. 8. CONTINUATION The City and the Unit agree that all conditions of employment established by City policy, including all conditions affecting wages, hours, and working conditions that are not specifically addressed in this , Memorandum of Understanding, shall continue in effect and shall not be affected by the terms of this Memorandum of Understanding. The value or availability of the benefits provided in the Memorandum of Understanding as originally worded or as amended from time to time may depend on their tax treatment by the state or federal government or the decisions of other government agencies or departments, such as, but not limited to, the Public Employees Retirement System. The City will endeavor to obtain the most favorable treatment legally possible from these other governmental entities. However, the City makes no representation concerning the value of such benefits to unit members or how they will be taxed or ' otherwise treated by other agencies or departments. The City's obligations under this Memorandum of Understanding are limited to the direct cost of providing the salary and benefits as described in the , Memorandum of Understanding. The City shall have no additional financial obligation, even if the tax or other treatment of such salary or benefits by other agencies or departments reduces or eliminates their value to the employee. This Memorandum of Understanding is ratified and adopted pursuant to the recommendations of the following representatives this 18 day of September, 2013. CITY OF UKIAH LL F@CIS UNIT , � , � - .� ��< ��«n,:`_-: Jane Chambers � - -� i Kirch City Manager Lead Equipmen anic � Gary Smith Sr.Water Treatment Plant Operator Mechanic 1 � a Je ' i Wa /Sew rvice / n O'Har � Parks Service Worker OPERATING ENCy�NEERS LOCAL NO. 3 �� � ' Dave Go s an, Business R presentative 3:MOU/MISC2007-2010 I I For Operating Engineers Local Union No. 3 of the International Union of Operating Engineers, AFL-CIO Russ Bums Date Qusiness Manager Carl Goff Date President Dan Reding Date Vice-President Janies K. Sulliva�i Date Kecording-Corresponding Secretary I Rick Uavis Date Director,Public Employee Division I I I _ —-- - � SCHEDULE A Miscellaneous "Water/Garage Employee" Unit Classifications Environmental Lab Technician (WWTP) Equipment Mechanic Lead Equipment Mechanic Senior Water Treatment Plant Operator/Mechanic Senior Wastewater Treatment Plant Operator Senior Wastewater Treatment Plant Operator/Mechanic Wastewater Treatment Plant Operator Wastewater Treatment Plant Operator-in-Training Water and Sewer Attendants I and II Water and Sewer Lead Worker Water and Sewer Seroice Attendant Water Treatment Plant Operator-in-Training Water Treatment Plant Operator/Mechanic I . I � SCHEDULE B Remaining Miscellaneous Unit Classifications Accounting Assistant Accounts Payable Specialist I & II Administrative Secretary Airport Assistant Building & Facilities Attendant Building Maintenance Lead Worker Buyer City Clerk Customer Service Representatives I, II, and III Development Permit Coordinator Golf Lead Worker Information Technology Specialist Meter Reader Museum Curator Parks Lead Worker Parks Service Worker Payroll Officer Police Records Clerk Public Works Maintenance Workers I & II Public Works Project Coordinator Receptionist/Clerk Recreation Coordinator Sports Coordinator Street Sweeper Operator ' Utility Services Team Leader i� � -- i II� I CfTY OF UKIA�# SUMMARY BY ACTRVST`( OR FvNC1f80N � FISCAL YEAR 2013-2014 BUDGET , � 7/1/2 0 01 3 NET NET 6/30/2014 �II FUND FUI�ID FUND REVENUE EXPENSE INCOME TRANSFERS FUND # NAME BALANCE (LOSS) W(OUT) BALANCE G General Fund 500,000 54,375,555 15,354,449 (97B,894) 978,894 500,000 � II C�iR Strategic Reserve 4,566,739 A- 19,000 (978,894) 3,568,844 if2 Other Grant 8� Restricted Use Funds 1,244,015 3,307,177 5,166,640 (1,859,4G3) (615,448) . E,1/�/,S �JfI�If10S 28,294,626 27,123,887 34,128,665 (7,004,778) 7.,193,186 23,483,234 I_F�, /�, P, �Vl, B, �, C(', Other Business Actiuities -a- z,e�s,so� 4,457,880 (1,879,573) -0- (1,879,573) �II I Internal Service Funds 957,894 2,979,553 3,476,794 (497,241) (37,000) 423,653 C Capital Pfoject F4nds 3,492,473 172,172 887,697 (709,525) 7,000 2,789,948 I�li _ TOt81 ItY Uf1dS 39,055,947 50,536,651 63,485,125 (12,948,474) 2,163,186 28,27QG59 � UTILITY AND OTHER BUSINESS ACTIVITIES DETAIL E EleCtfiC Utility 14,832,369 15,422,680 19,328,640 (3,905,960) - 10,926,409 W Water Utility 2,292,835 5,974,163 4,247,439 1,726,724 (250,000) 3,769,559 S SewerUtility 11,387,962 5,727,044 10,552,586 (4,825,542) 2443,186 9,005,606 �I LF Solid WBSte Disposal (251,779) 1�0,�25 �1,352,37� {1,252,345) (1,504.124) �, f\ Alfpoft 288,7fi4 1,627,335 1,756,355 (129,02�) �59.�44 i P Parking 162,740 107,741 179,726 (71,385) 91,355 IM Museum 201,638 93,282 345,281 (251,999) (50.361) B Golf (1,015,519) 182,307 182,307 - (1,015.519) L Street Lighting 408,228 176,095 328,989 (152,894) 255 334 ', CC ConfefenCe Cenfef (12 411) 291,522 313,452 (21,930) (34,341) ��i �I� Total U61ity And Other Business Activities Detail 28,294,626 29,702,194 38,586,545 (8,884,351) 2,193,186 21,603,661 , ReSer to the"Combining Fund Schedule"fiof a listing of the funds In each category ' i ES-6 Schedulel CITY OF UKIAH GENERALFUNO SCHEDULE OF REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCES BUUGETAND ACTUAL FOR THE VEAR ENDED JUNE 30,2012 Variance wth Final Butlget- Budgeted Amounls Positive O�iginal Final General (Negative) REVENUES Ta�ces: PropertY $ 745,056 $ 1.245.056 $ 1.213,4�9 $ (31,577) Sales and use 6.333,756 6,333,756 6,465,410 131,654 Propertytransfer 33,700 33,700 24,770 (6,930) Transientoccupancy 697,708 691,1�8 775,547 &4,439 Business license 315,297 315,291 325,674 70,383 Franchise 535,400 547,400 567,486 20,08fi Licenses and permi[s 131,800 131,800 434,492 302,692 Fines,forteiNres,and penatties 52,662 52,662 46,960 (5.702) From otheragencies 1,374,986 1,374,968 1,350,289 (24,699) Use of money and property 829,571 629,571 856,146 26,575 �' Charges for current services 892,264 892,204 1,146,590 254,386 Other 1,000 1,000 4,498 3,498 Total Revenues 11,936,536 12,448,536 13,211,341 762,805 EXPENOITURES Current: General govemment 7,728,729 2,231,319 1,817,593 413,726 Publicsafety 8,183,289 8,511,076 8,660,146 (149,072) Streetsandroads 927,891 942,321 1,087,896 (145,575) Parks and recreation 1,840,654 1,845,fi54 7,970,035 (124,3g1) Community tlevelopmen[ 98,255 225,755 67,839 157,916 Debtservice 5,546 5,546 38 5,508 Capital outlay 749,329 173,641 46,593 127,p48 �� Total E�enditures 12,933,693 13,935,312 73,650,742 285,170 Excess(Deficiency)of Revenues Over FxpendRUres (997,757) (1,486,776) (438,801) 7,047,g75 OTHER FINANCING SOURCES IL15ES1 Transfers in 1,022,219 1,022,219 7,065,910 43,691 '� Total Other Financing Sources(USes) 1,022,219 1,022,219 7,065,910 43,691 II Ne[Change In Fund Balances 25,062 (464,557) fi27,109 7,091,666 I Fund Balances,July 1, 6,237,800 6,237,800 6,237,800 - FundBalances,June30, $ 6,262,862 $ 5,773,243 $ 6,864,909 S 1,091,666 il 50 I - - � RESOLUTION NO. 2013�22 li RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING MEMORANDA OF UNDERSTANDING BETWEEN THE CITY OF UKIAH AND THE DEPARTMENT HEAD, FIRE, FIRE MANAGEMENT, MISCELLANEOUS, MANAGEMENT AND POUCE UNITS I WHEREAS, the Empioyee/Employer Relations Officer and her Designees have met and conferred in good faith with representatives of the Department Head, Fire, Fire Management, Miscellaneous, Management, and Pofice Units; and WHEREAS, Memoranda of Understanding for the term of September 18, 2013 through September 18, 2015 for ongoing 5°k compensation reductions have been agreed to; and WHEREAS, said Memoranda of Understanding have been presented to the City Council for its consideration. NOW, THEREFORE, BE IT RESOLVED that the Memoranda of Understanding are hereby adopted and the Employee/Employer Relations O�cer is authorized to enter into these Agreements. PASSED AND ADOPTED this '18"'day of September 2013, by the following roll calt vote: AYES: Landis, Thomas, Baldwin, and Crane NOES: None ABSENT: None i ' ABSTAIN: None /_ '` �p `vi�% ,(' R� C� .'�y Douglas F Crane, Mayor ATTEST: �`v(�I,�S�l�� l�GUL� i Kristine Lawler, City Clerk 3:mouVesmou2013 I � — - --- — - -- -