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HomeMy WebLinkAbout2021-104 - Resolution RESOLUTION NO. 2021-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING SIDE LETTER AGREEMENTS BETWEEN THE CITY OF RANCHO CUCAMONGA AND CITY BARGAINING UNITS, INCLUDING A PART TIME CITY EMPLOYEE BENEFIT WHEREAS, representatives of the City of Rancho Cucamonga (City) and representatives of all City Bargaining Units have met and conferred pursuant to the provisions of the Meyers- Milias-Brown Act (California Government Code §3500, et seq.) with regard to terms and conditions of employment; and WHEREAS, representatives of the City and representatives of all City Bargaining Units have agreed upon and presented to this City Council a Side Letter Agreement(see attached Side Letter Agreements)and a Part Time City Employee Benefit Update, effective September 15, 2021 until November 30, 2021; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES that said Side Letter Agreements with all City Bargaining Units and Part Time City Employees Benefit Update are hereby approved and the City Manager is hereby authorized to sign said Side Letter Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. Resolution No. 2021-104— Page 1 of 2 PASSED, APPROVED, and ADOPTED this 15th day of September 2021. ' Michael, Mayor ATTEST: inicedIC. Reynolds, City C rk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 15th day of September 2021. �I AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo NOES: None ABSENT: None ABSTAINED: None Executed this 16th day of September, 2021, at Rancho Cucamonga, California. nice C. Reynolds, City Clerk Resolution No. 2021-104— Page 2 of 2 RESOLUTION NO. 2021-104 SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE EXECUTIVE MANAGEMENT EMPLOYEE GROUP The City of Rancho Cucamonga("City") and the Executive Management Employee Group (collectively, the "Parties") entered into a Memorandum of Understanding("MOU") that commenced on July 1, 2019, and expires on June 30, 2022. The Parties met and conferred in good faith in August and September of 2021. The Parties agreed to a temporary COVID-19 vaccine incentive program and an updated MOU process related to the cash-out of vacation time. COVID-19 Vaccine Incentive Program In order to maintain a safe and healthy workplace, the City of Rancho Cucamonga(City) wants to encourage employees to be "fully vaccinated" for COVID-19 in order to contain and mitigate the spread of COVID-19 within the workplace and the community. For those reasons, the City is desirous of implementing a COVID-19 Vaccine Incentive Program for all City employees. This program would be in place until November 30, 2021. Any current employee who is "fully vaccinated" and has provided "proof' would be eligible for the following incentives. Incentives: Full-Time Employees: Eligible full-time employees would receive 2 days of floating holiday time that must be used prior to June 30, 2022,in accordance with their existing MOU's. These days may be taken by an employee at his or her convenience, subject to approval of the supervisor. The City recognizes that employees with qualifying disabilities under the Americans with Disabilities Act (ADA) and employees with sincerely held religious beliefs under Title VII of the Civil Rights Act of 1964 (Title VII) may request medical or religious accommodations in order to be considered eligible for this program. Qualifying employees are entitled to a reasonable accommodation process. The City has found that a reasonable accommodation for those that qualify for an accommodation is a weekly "COVID-19 test" at an "approved testing location" during working hours during the eligibility period of the program (adoption to November 30, 2021). This provides an alternate way to maintain a safe and healthy workplace. Employees requesting any statutory exemption from the eligibility requirements of this program may be required to provide supporting documentation, certification, or other evidence or information permissible by law. Requests for accommodation must be made within fourteen (14) calendar days of adoption of this policy. Each request will be considered under the applicable statutes, including the ADA and Title VII, but employees should understand that the City is not legally required to, provide accommodations to all employees who make such a request. RESOLUTION NO. 2021-104 Definitions: "fully vaccinated" The employer has documented that the person received, at least 14 days prior, either the second dose in a two-dose COVID-19 vaccine series or a single dose COVID- 19 vaccine. Vaccines must be FDA approved; or have an emergency use authorization from the FDA. "Proof"means means valid documentation of the person's COVID-19 vaccination record,which may be their vaccine card or a copy or a digital version thereof, as provided by their health care provider, the State Department of Public Health or another state or federal agency has been shared with the City HR Department. HR will review the proof but keep no copies. A confidential spreadsheet of those that are fully vaccinated will be maintained by the City 11COVID-19 test"means a polymerase chain reaction(PCR)test for SARS-CoV-2 that is both: (1)Approved by the United States Food and Drug Administration(FDA) or has an Emergency Use Authorization from the FDA to diagnose current infection with the SARS-CoV-2 virus; and (2) Administered in accordance with the FDA approval or the FDA Emergency Use Authorization as applicable. Acceptable documentation of a COVID-19 test would be an electronic copy of the results as provided to the employee from an approved testing site. HR will review the documentation but keep no copies. A confidential spreadsheet of the weekly testing results will be maintained by the City. "approved testing locations" means any San Bernardino County run COVID-19 testing location or any testing location provided by an employee's City offered Health Plan Care Provider. Employees must coordinate with their supervisor on testing times. The forms f' r requesting a medical or religious exemption are available from Human Resources. If an accommodation request is denied, employees will have seven calendar days to request in writing (em4il is acceptable) a reconsideration from the Deputy City Manager, Lori Sassoon (lori.sassoongeityofrc.us). The Deputy City Manager's determination is final. VACATION BUYBACK SECTION 14 Annually, at the employee's written request, the City will "Wy baek," the total eash value of tip to and Novemben Employees must maintain a fninimum of 40 houfs of aeef:ued vaea4ien subsequent to any pa��ent of vaeation buy baek time. Employees who wish to sell baek vaeatien must r-equest payment ,.fset loss than 20 hours an not e+�ha 200�,,ufs ; ealena,,....ea r,w�iaivalL Vi•1VL iVJJ L11L111 L.V 11V L11J {111LA 11VL 111V1V Tl Beginning Pecember 2021 and annually thereafter, any employee that wants to have the City buy back vacatign hours shall make an irrevocable election to do so. The irrevocable election shall be submitted it writing to the City's Human Resources Department on or before December 15 and shall indicate the number of hours of vacation that the employeepects to earn in the following calendar year that the employee wants the Cityty back,with a minimum buy back of 20 hours up to a maximum of 200 hours. This buy back shall occur twice annually, in June/July (between RESOLUTION NO. 2021-104 the last payday in June and the first payday in July) and December (between the first and second payday of the month), and the employee must indicate the total amount of hours they want paid out in June/July and in December. Regardless of the number of hours requested to be cashed out at either time, the most the City can cash out is the number of hours accrued and available in that calendar year to date. Employees must maintain a minimum of 40 hours of accrued vacation subsequent to any payment of vacation buyback time. This Side Letter of Agreement shall be incorporated into the MOU. The MOU shall remain in full force and effect except to the extent modified by this Side Letter of Agreement. This Side Letter of Agreement shall not be effective until ratified by the City Council and the Executive Management Group. For the City of Rancho Cucamonga For the Executive Management Group John Gillison Jennifer Hunt-Gracia City Manager Executive Management Group Representative Anne McIntosh Executive Management Group Representative RESOLUTION NO. 2021-104 SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE RANCHO CUCAMONGA MANAGEMENT ASSOCIATION The City of Rancho Cucamonga ("City") and the Rancho Cucamonga Management Association (collectively, the "Parties") entered into a Memorandum of Understanding ("MOU") that commenced on June 2, 2021, and expires on June 30, 2022. The Parties met and conferred in good faith in August and September of 2021. The Parties agreed to a temporary COVID-19 vaccine incentive program. COVID-19 Vaccine Incentive Program In order to maintain a safe and healthy workplace, the City of Rancho Cucamonga(City)wants to encourage employees to be "fully vaccinated" for COVID-19 in order to contain and mitigate the spread of COVID-19 within the workplace and the community. For those reasons, the City is desirous of implementing a COVID-19 Vaccine Incentive Program for all City employees. This program would be in place until November 30, 2021. Any current employee who is "fully vaccinated" and has provided "proof'would be eligible for the following incentives. Incentives: Full-Time Employees: Eligible full-time employees would receive 2 days of floating holiday time that must be used prior to June 30, 2022, in accordance with their existing MOU's. These days may be taken by an employee at his or her convenience, subject to approval of the supervisor. The City recognizes that employees with qualifying disabilities under the Americans with Disabilities Act (ADA) and employees with sincerely held religious beliefs under Title VII of the Civil Rights Act of 1964 (Title VII) may request medical or religious accommodations in order to be considered eligible for this program. Qualifying employees are entitled to a reasonable accommodation process. The City has found that a reasonable accommodation for those that qualify for an accommodation is a weekly "COVID-19 test" at an "approved testing location" during working hours during the eligibility period of the program (adoption to November 30, 2021). This provides an alternate way to maintain a safe and healthy workplace. Employees requesting any statutory exemption from the eligibility requirements of this program may be required to provide supporting documentation, certification, or other evidence or information permissible by law. Requests for accommodation must be made within fourteen (14) calendar days of adoption of this policy. Each request will be considered under the applicable statutes, including the ADA and Title VII, but employees should understand that the City is not legally required to, provide accommodations to all employees who make such a request. 1 RESOLUTION NO. 2021-104 Definitions: "fully vaccinated" The employer has documented that the person received, at least 14 days prior, either the second dose in a two-dose COVID-19 vaccine series or a single dose COVID- 19 vaccine. Vaccines must be FDA approved; or have an emergency use authorization from the FDA. "Proof'means valid documentation of the person's COVID-19 vaccination record,which may be their vaccine card or a copy or a digital version thereof, as provided by their health care provider, the State Department of Public Health or another state or federal agency has been shared with the City HR Department. HR will review the proof but keep no copies. A confidential spreadsheet of those that are fully vaccinated will be maintained by the City "COVID-19 test"means a polymerase chain reaction(PCR)test for SARS-CoV-2 that is both: (1)Approved by the United States Food and Drug Administration(FDA)or has an Emergency Use Authorization from the FDA to diagnose current infection with the SARS-CoV-2 virus; and (2) Administered in accordance with the FDA approval or the FDA Emergency Use Authorization as applicable. Acceptable documentation of a COVID-19 test would be an electronic copy of the results as provided to the employee from an approved testing site. HR will review the documentation but keep no copies. A confidential spreadsheet of the weekly testing results will be maintained by the City. "appro4ed testing locations" means any San Bernardino County run COVID-19 testing location or any testing location provided by an employee's City offered Health Plan Care Provider. Employees must coordinate with their supervisor on testing times. The forms for requesting a medical or religious exemption are available from Human Resources. If an accommodation request is denied, employees will have seven calendar days to request in writing (email is acceptable) a reconsideration from the Deputy City Manager, Lori Sassoon (lori.sassoo4(&cityofrc.us). The Deputy City Manager's determination is final. This Side Lotter of Agreement shall be incorporated into the MOU. The MOU shall remain in full force and effect except to the extent modified by this Side Letter of Agreement. This Side Letter of Agreement shall not be effective until ratified by the City Council and approved by the Rancho Cucamonga Management Association. For the City of Rancho Cucamonga For the Rancho Cucamonga Management Association John Gillison Katie Distelrath President City Manager Rancho Cucamonga Management Association 2 RESOLUTION NO. 2021-104 SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION The City of Rancho Cucamonga("City") and the Rancho Cucamonga City Employees Association (collectively, the "Parties") entered into a Memorandum of Understanding ("MOU") that commenced on June 7, 2021, and expires on June 30, 2022. The Parties met and conferred in good faith in August and September of 2021. The Parties agreed to a temporary COVID-19 vaccine incentive program. COVID-19 Vaccine Incentive Program In order to maintain a safe and healthy workplace, the City of Rancho Cucamonga(City)wants to encourage employees to be "fully vaccinated" for COVID-19 in order to contain and mitigate the spread of COVID-19 within the workplace and the community. For those reasons, the City is desirous of implementing a COVID-19 Vaccine Incentive Program for all City employees. This program would be in place until November 30, 2021. Any current employee who is "fully vaccinated" and has provided "proof' would be eligible for the following incentives. Incentives: Full-Time Employees: Eligible full-time employees would receive 2 days of floating holiday time that must be used prior to June 30, 2022,in accordance with their existing MOU's. These days may be taken by an employee at his or her convenience, subject to approval of the supervisor. The City recognizes that employees with qualifying disabilities under the Americans with Disabilities Act(ADA) and employees with sincerely held religious beliefs under Title VII of the Civil Rights Act of 1964 (Title VII)may request medical or religious accommodations in order to be considered eligible for this program. Qualifying employees are entitled to a reasonable accommodation process. The City has found that a reasonable accommodation for those that qualify for an accommodation is a weekly "COVID-19 test" at an "approved testing location" during working hours during the eligibility period of the program (adoption to November 30, 2021). This provides an alternate way to maintain a safe and healthy workplace. Employees requesting any statutory exemption from the eligibility requirements of this program may be required to provide supporting documentation, certification, or other evidence or information permissible by law. Requests for accommodation must be made within fourteen (14) calendar days of adoption of this policy. Each request will be considered under the applicable statutes, including the ADA and Title VII, but employees should understand that the City is not legally required to, provide accommodations to all employees who make such a request. 1 RESOLUTION NO. 2021-104 Definitions: "fully vaccinated" The employer has documented that the person received, at least 14 days prior, either the second dose in a two-dose COVID-19 vaccine series or a single dose COVID- 19 vaccine. Vaccines must be FDA approved; or have an emergency use authorization from the FDA. "Proof"means valid documentation of the person's COVID-19 vaccination record,which may be their vaccine card or a copy or a digital version thereof, as provided by their health care provider, the State Department of Public Health or another state or federal agency has been shared with the City HR Department. HR will review the proof but keep no copies. A confidential spreadsheet of those that are fully vaccinated will be maintained by the City "COVID-19 test"means a polymerase chain reaction(PCR)test for SARS-CoV-2 that is both: (1)Approved by the United States Food and Drug Administration(FDA)or has an Emergency Use Authorization from the FDA to diagnose current infection with the SARS-CoV-2 virus; and (2) Administered in accordance with the FDA approval or the FDA Emergency Use Authorization as applicable. Acceptable documentation of a COVID-19 test would be an electronic copy of the results as provided to the employee from an approved testing site. HR will review the documentation but keep no copies. A confidential spreadsheet of the weekly testing results will be maintained by the City. "approved testing locations" means any San Bernardino County run COVID-19 testing location jior any testing location provided by an employee's City offered Health Plan Care Providers} Employees must coordinate with their supervisor on testing times. The forms fOr requesting a medical or religious exemption are available from Human Resources. If an accommodation request is denied, employees will have seven calendar days to request in writing (email is acceptable) a reconsideration from the Deputy City Manager, Lori Sassoon (lori.sassoonAcityofrc.us). The Deputy City Manager's determination is final. This Side Letter of Agreement shall be incorporated into the MOU. The MOU shall remain in full force and effect except to the extent modified by this Side Letter of Agreement. This Side Letter of Agreement shall not be effective until ratified by the City Council and approved by the Rancho Cucamonga City Employees Association. For the City of Rancho Cucamonga For the Rancho Cucamonga City Employees Association John Gillison Andy Miller President City Manager Rancho Cucamonga City Employees Association 2 RESOLUTION NO. 2021-104 SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE TEAMSTERS LOCAL 1932 The City of Rancho Cucamonga("City")and the Teamsters Local 1932(collectively,the"Parties") entered into a Memorandum of Understanding ("MOU") that commenced on July 1, 2019 and expires on June 30, 2022. The Parties met and conferred in good faith in August and September of 2021. The Parties agreed to a temporary COVID-19 vaccine incentive program. COVID-19 Vaccine Incentive Program In order to maintain a safe and healthy workplace, the City of Rancho Cucamonga(City)wants to encourage employees to be "fully vaccinated" for COVID-19 in order to contain and mitigate the spread of COVID-19 within the workplace and the community. For those reasons, the City is desirous of implementing a COVID-19 Vaccine Incentive Program for all City employees. This program would be in place until November 30, 2021. Any current employee who is "fully vaccinated" and has provided "proof' would be eligible for the following incentives. Incentives: Full-Time Employees: Eligible full-time employees would receive 2 days of floating holiday time that must be used prior to June 30, 2022, in accordance with their existing MOU's. These days may be taken by an employee at his or her convenience, subject to approval of the supervisor. The City recognizes that employees with qualifying disabilities under the Americans with Disabilities Act(ADA) and employees with sincerely held religious beliefs under Title VII of the Civil Rights Act of 1964 (Title VII) may request medical or religious accommodations in order to be considered eligible for this program. Qualifying employees are entitled to a reasonable accommodation process. The City has found that a reasonable accommodation for those that qualify for an accommodation is a weekly "COVID-19 test" at an "approved testing location" during working hours during the eligibility period of the program (adoption to November 30, 2021). This provides an alternate way to maintain a safe and healthy workplace. Employees requesting any statutory exemption from the eligibility requirements of this program may be required to provide supporting documentation, certification, or other evidence or information permissible by law. Requests for accommodation must be made within fourteen (14) calendar days of adoption of this policy. Each request will be considered under the applicable statutes, including the ADA and Title VII, but employees should understand that the City is not legally required to, provide accommodations to all employees who make such a request. 1 RESOLUTION NO. 2021-104 Definitions: "fully vaccinated" The employer has documented that the person received, at least 14 days prior, either the second dose in a two-dose COVID-19 vaccine series or a single dose COVID- 19 vaccine. Vaccines must be FDA approved; or have an emergency use authorization from the FDA. "Proof'means valid documentation of the person's COVID-19 vaccination record,which may be their vaccine card or a copy or a digital version thereof, as provided by their health care provider, the State Department of Public Health or another state or federal agency has been shared with the City HR Department. HR will review the proof but keep no copies. A confidential spreadsheet of those that are fully vaccinated will be maintained by the City "COVID-19 test"means a polymerase chain reaction(PCR)test for SARS-CoV-2 that is both: (1)Approved by the United States Food and Drug Administration(FDA) or has an Emergency Use Authorization from the FDA to diagnose current infection with the SARS-CoV-2 virus; and (2) Administered in accordance with the FDA approval or the FDA Emergency Use Authorization as applicable. Acceptable documentation of a COVID-19 test would be an electronic copy of the results as provided,to the employee from an approved testing site. HR will review the documentation but keep no copies. A confidential spreadsheet of the weekly testing results will be maintained by the City. "appro d testing locations" means any an Bernardino County run COVID-19 testing location or any testing location provided by an employee's City offered Health Plan Care Provider Employees must coordinate with their supervisor on testing times. The forms f r requesting a medical or religious exemption are available from Human Resources. If an accom odation request is denied, employees will have seven calendar days to request in writing (em it is acceptable) a reconsideration from the Deputy City Manager, Lori Sassoon (lori.sassooq@cityofrc.us). The Deputy City Manager's determination is final. This Side Letter of Agreement shall be incorporated into the MOU. The MOU shall remain in full force and effect except to the extent modified by this Side Letter of Agreement. This Side Letter of Agreement shall not be effective until ratified by the City Council and approved by the Teamsters Local 1932. For the City of Rancho Cucamonga For the Teamsters Local 1932 John Gillison Caleb Dupont President City Manager Teamsters Local 1932 2 RESOLUTION NO. 2021-104 NEW PART-TIME EMPLOYEE BENEFIT The City of Rancho Cucamonga is providing a temporary COVID-19 vaccine incentive program for part-time employees. COVID-19 Vaccine Incentive Program In order to maintain a safe and healthy workplace, the City of Rancho Cucamonga(City)wants to encourage employees to be "fully vaccinated" for COVID-19 in order to contain and mitigate the spread of COVID-19 within the workplace and the community. For those reasons, the City is desirous of implementing a COVID-19 Vaccine Incentive Program for all City employees. This program would be in place until November 30, 2021. Any current employee who is "fully vaccinated" and has provided "proof' would be eligible for the following incentives. Incentive: Part-Time Employees Eligible part time employees would receive 10 hours of floating holiday time which they can use on November 25, 2021 or December 25, 2021. Departments would work with their part-time employees and add 10 hours of floating holiday time onto their timecards for one of those two dates. The City recognizes that employees with qualifying disabilities under the Americans with Disabilities Act(ADA) and employees with sincerely held religious beliefs under Title VII of the Civil Rights Act of 1964 (Title VII) may request medical or religious accommodations in order to be considered eligible for this program. Qualifying employees are entitled to a reasonable accommodation process. The City has found that a reasonable accommodation for those that qualify for an accommodation is a weekly "COVID-19 test" at an "approved testing location" during working hours during the eligibility period of the program (adoption to November 30, 2021). This provides an alternate way to maintain a safe and healthy workplace. Employees requesting any statutory exemption from the eligibility requirements of this program may be required to provide supporting documentation, certification, or other evidence or information permissible by law. Requests for accommodation must be made within fourteen (14) calendar days of adoption of this policy. Each request will be considered under the applicable statutes, including the ADA and Title VII, but employees should understand that the City is not legally required to, provide accommodations to all employees who make such a request. Definitions: "fully vaccinated" The employer has documented that the person received, at least 14 days prior, either the second dose in a two-dose COVID-19 vaccine series or a single dose COVID- 19 vaccine. Vaccines must be FDA approved; or have an emergency use authorization from the FDA. 1 RESOLUTION NO. 2021-104 "Proof'means valid documentation of the person's COVID-19 vaccination record,which may be their vaccine card or a copy or a digital version thereof, as provided by their health care provider, the State Department of Public Health or another state or federal agency has been shared with the City HR Department. HR will review the proof but keep no copies. A confidential spreadsheet of those that are fully vaccinated will be maintained by the City "COVID-19 test"means a polymerase chain reaction(PCR)test for SARS-CoV-2 that is both: (1)Approved by the United States Food and Drug Administration(FDA) or has an Emergency Use Authorization from the FDA to diagnose current infection with the SARS-CoV-2 virus; and (2) Administered in accordance with the FDA approval or the FDA Emergency Use Authorization as applicable. Acceptable documentation of a COVID-19 test would be an electronic copy of the results as provided to the employee from an approved testing site. HR will review the documentation but keep no copies. A confidential spreadsheet of the weekly testing results will be maintained by the City. "approved testing locations" means any San Bernardino County run COVID-19 testing location or any testing location provided by an employee's City offered Health Plan Care Provider. Employees must coordinate with their supervisor on testing times. The forms for requesting a medical or religious exemption are available from Human Resources. If an accommodation request is denied, employees will have seven calendar days to request in writing (email is acceptable) a reconsideration from the Deputy City Manager, Lori Sassoon (lori.sas�gcityofrc.us). The Deputy City Manager's determination is final. 2