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R 4193RESOLUTION N0.4193 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING A SECOND SIDE LETTER OF AGREEMENT TO THE SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 620 MEMORANDUM OF UNDERSTANDING WHEREAS, the City Council of the City of Arroyo Grande ("City") deems it in the best interest of the City to approve a second side letter of agreement amending the Service Employees International Union Local 620 current Memorandum of Understanding, which includes modifications to salaries and benefits, as hereinafter provided. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande that: An amendment to the Memorandum of Understanding ("MOU") with the Service Employees International Union Local 620 ("SEIU") is hereby approved, a copy of said amendment entitled "Side Letter of Agreement, Modification to Memorandum of Understanding" is attached hereto, marked Exhibit "A", and incorporated herein by this reference. 2. This Resolution shall become effective June 10, 2009. On motion of Council Member Costello, seconded by Council Member Fellows, and on the following roll call vote, to wit: AYES: Council Members Costello, Fellows, Amold, Guthrie, and Mayor Ferrara NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 9th day of June 2009. RESOLUTION NO. Y193 PAGE 2 TONY FER~ ,MAYOR ATTEST: KELLY ET RE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER . APPROVED AS TO FORM: TIM THY J. CA ,CITY ATTORNEY Exhibit "A" SIDE LETTER OF AGREEMENT MODIFICATION TO MEMORANDUM OF UNDERSTANDING For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City of Arroyo Grande ("City") and the Service Employees International Union ("SEIU") do hereby agree to modify the current Memorandum of Understanding ("MOU") between the City and SEIU as follows: 1. Article 7.H shall be amended to delay the 5% "Cost of Living Adjustment" for all represented classifications effective 12/25/09 to instead be effective on 6/25/10 as shown in amended Attachment 3. 2. Article 7.1 shall be amended to change December 25, 2009 to June 25, 2010. 3. Article 11 shall be amended to make New Year's Eve a full day paid holiday rather than a'/z day paid holiday. 4. Article 14 shall be amended to add the following: 14.5 Furloughs The following days shall be non-paid furlough days for employees a. December 28, 2009 b. December 29, 2009 c. December 30, 2009 Employees are not eligible to use sick, vacation, compensatory time pay, personal days, bereavement, jury duty or other paid leave during these days. Employees in positions performing functions determined necessary during this period as authorized by the City Manager shall work their normal shift and instead take three (3) non-paid furlough days between July 1, 2009 and June 30, 2010. 5. Article 24 shall be amended to add the following: A layoff of one Public Works Inspector position shall take effect on July 1, 2009. The parties agree there shall be no additional loss of filled positions represented by SEIU Local 620 due to layoff before June 30, 2010 unless at any time during that period the City's FY 2009-10 General Fund Ending Fund Balance is projected to be reduced by 30% or more from the FY 2008-09 actual General Fund Ending Fund Balance due to action by State, County or Federal Government, an economic downturn in the local economy, the impacts of a catastrophic event or natural disaster, or any other unforeseen events outside the control of the City; or in the event the City's FY 2009-10 General Fund revenues, excluding transfers, are projected to be reduced 5% or more from the FY 2009-10 budgeted amounts due to action by State, County or Federal Government, an economic downturn in the local economy, or any other unforeseen events outside the control of the City. If any of these conditions occur, the Union shall be granted an opportunity to meet and consult with the City to discuss proposed alternatives to address the budget shortfall. If, in the judgment of the City, it becomes necessary to make a reduction in force not possible through attrition, temporary and permanent part-time employees will be subject to layoff prior to permanent full-time employees within the same division or department performing similar duties or tasks. For City of Arroyo Grande Date For Local 620, Service Employees International Union, Arroyo Grande Chapter Date OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 4193 is a true, full, and correct copy of said Resolution passed and adopted at a Regular meeting of the City Council of the City of Arroyo Grande on the 9`h day of June 2009. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 11"' day of June 2009. W ~- KELLY ET ORE, CITY CLERK