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CC SR 20211116 M - RPVEA MOU 2020-21 Third Amendment CITY COUNCIL MEETING DATE: 11/16/2021 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration and possible action to approve a Third Amendment to the Memorandum of Understanding between the City and the Rancho Palos Verdes Employee s Association (RPVEA MOU 2020-21). RECOMMENDED COUNCIL ACTION: (1) Adopt Resolution No. 2021 -__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, STATE OF CALIFORNIA, ACCEPTING, APPROVING AND ADOPTING THE THIRD AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE RANCHO PALOS VERDES EMPLOYEES ASSOCIATION TO EXTEND THE TERM TO JUNE 30, 2022 AND TO INCREASE THE CITY’S CONTRIBUTION TO EMPLOYEE HEALTH SAVINGS ACCOUNTS; and, (2) Approve the Third Amendment to Memorandum of Understanding between the City of Rancho Palos Verdes and the Rancho Palos Verdes Employees Association (RPVEA) thereby extending the term of the RPVEA MOU 2020-21 to June 30, 2022 and increasing the City's Health Savings Account contribution for individual employees and employee family plans starting calendar year 2022. FISCAL IMPACT: Amount Budgeted: N/A Additional Appropriation: None Account Number(s): ORIGINATED BY: Julie DeZiel, Human Resources Manager REVIEWED BY: Karina Bañales, Deputy City Manager APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Draft Resolution No. 2021 -__ (page A-1) B. Third Amendment to the Memorandum of Understanding between the City and the Rancho Palos Verdes Employees Association (page B -1) C. Memorandum of Understanding between the City of Rancho Palos Verdes and the Rancho Palos Verdes Employees Association including the First Amendment and Second Amendment (Exhibit “A” to Draft Resolution) (page C-1) D. November 2, 2021 City Council Staff Report 1 BACKGROUND: On May 19, 2020, the City Council adopted Resolution No. 2020-25 establishing a Memorandum of Understanding between the City and the RPVEA (RPVEA MOU 2020- 21) covering the period July 1, 2020 through June 30, 2021. On December 15, 2020, the City Council adopted Resolution No. 2020-70 increasing the City’s contributions to employee Health Savings Accounts contribution for individual employees and employee family plans under the RPVEA MOU 2020-21 (“RPVEA MOU 2020-21 First Amendment”), On June 16, 2021, The City and labor representatives of the RPVEA agreed to a successor Memorandum of Understanding (MOU) and agreed to a six -month term extension of the current RPVEA MOU through December 31, 2021 (“RPVEA MOU 2020- 21 Second Amendment”). This extension was to allow time for the City to conduct a Classification and Compensation study to determine appropriate classifications, compensation, benefits, and organizational structure changes. At this time, the Classification and Compensation is still underway and is not scheduled to be completed until late Spring of 2022. Since the RPVEA MOU is valid until December 31, 2021, the term will need to be extended to complete the Classification and Compensation study. Moreover, at its November 2, 2021 meeting, the City Council approved increasing the City’s contribution to employee Health Savings Accounts contribution for individual employees and employee family plans . Thus, in order to memorialize these two changes to the RPVEA MOU, the City Council is being asked to consider Amendment No. 3 to the RPVEA MOU. DISCUSSION: On October 28, 2021, the City and labor representatives of the RPVEA met to discuss the ongoing Classification and Compensation study. During the meeting, labor representatives from the City and RPVEA agreed to a six-month term extension of the current RPVEA MOU through June 30, 2022. This extension will allow time for the City to conclude the Classification and Compensation study to determine, if any, appropriate classifications, compensation, benefits, and organizational structure changes for the City Council’s consideration. On November 2, 2021, the City Council approved increasing the City's Health Savings Account contribution for individual employees and employee family plans starting calendar year 2022 to incentivize employees to remain or join the high deductible medical plan, in return keeping premium insurance costs low for the City (Attachment D). As a result, the City’s contribution to the employee Health Savings Accounts increased by a total of $2,400 for all 30 employees enrolled in the high deductible Preferred Provider Organization (PPO) medical plan effective on January 1, 2022. Thus, the City's HSA contribution equates to $3,650 for individuals and $7,300 for family plans for 2022. To memorialize the City Council’s decision, Staff is presenting a Resolution (Attachment A) and the Third Amendment to the 2020-21 RPVEA MOU (Attachment B). 2 This action is pursuant to the requirements of the Meyers-Milias-Brown Act (“MMBA,” commencing at California Government Code § 3500 et seq .) ADDITIONAL INFORMATION: Additionally, management met and discussed with RPVEA of this proposal as part of the medical benefits for 2022. Since management’s proposal can only enhance employee benefits, the board of the RPVEA had no objection to proceeding with this agenda item at this time. ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are avai lable for the City Council’s consideration: 1. Do not adopt the resolution and the Third Amendment to the Memorandum of Understanding and continue the provisions of the expired Memorandum of Understanding until a new Memorandum of Understanding is negotiated and implemented 2. Take other action, as deemed appropriate. 3 RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, STATE OF CALIFORNIA, ACCEPTING, APPROVING AND ADOPTING THE THIRD AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE RANCHO PALOS VERDES EMPLOYEES ASSOCIATION TO EXTEND THE TERM TO JUNE 30, 2022 AND TO INCREASE THE CITY’S CONTRIBUTION TO EMPLOYEE HEALTH SAVINGS ACCOUNTS WHEREAS, Section 36506 of the California Government Code requires that a city council fix the compensation of all appointive officers and employees by resolution or ordinance; and WHEREAS, the City of Rancho Palos Verdes (“City”) continues to recognize the Rancho Palos Verdes Employees Association (“RPVEA”) as the exclusive employee organization for those City employees in the barga ining unit defined as non- management, full-time employees in the classifications listed in Exhibit "A" to the Memorandum of Understanding between the City and the RPVEA covering the period July 1, 2020 through June 30, 2021 adopted on May 19, 2020 by City Council Resolution No. 2020-25 (“RPVEA MOU 2020-21”), a copy of which is attached hereto as Exhibit "1"; and WHEREAS, the City’s and RPVEA’s labor relations representatives met and conferred regarding increasing the City’s contributions to employee Health Savings Accounts contribution for individual employees and employee family plans provided under the RPVEA MOU 2020-21, which resulted in the First Amendment to the RPVEA MOU 2020-21 ratified by RPVEA and then adopted on December 15, 2020 by City Council Resolution No. 2020-70 (“RPVEA MOU 2020-21 First Amendment”), a copy of which is attached hereto as Exhibit "2"; and WHEREAS, the City’s and RPVEA’s labor relations representativ es met and conferred regarding extending the term of the RPVEA MOU 2020-21 to December 31, 2021, providing a 2.2% COLA effective July 1, 2021 and permitting probationary employees to earn and use accrued vacation leave during their initial-hire probationary period, which resulted in the Second Amendment to the RPVEA MOU 2020-21 ratified by RPVEA and then adopted on June 15, 2021 by City Council Resolution No. 2021-27 (“RPVEA MOU 2020-21 Second Amendment”), a copy of which is attached hereto as Exhibit " 3"; and WHEREAS, the City’s and RPVEA’s labor relations representatives have met and conferred and agreed to a further six (6) month term extension of the current RPVEA MOU 2020-21 through June 30, 2022, to allow time for the City to conclude a classification and compensation study, which is subject to RPVEA ratification and City Council consideration; and A-1 WHEREAS, the City Council has subsequently determined that it desires to incentivize employees to remain or join the City’s high deductible medical plan, in return keeping premium insurance costs low for the City, by increasing the City's Health Savings Account contribution for individual employees and employee family plans starting calendar year 2022; WHEREAS, pursuant to the provisions of the Meyers-Milias-Brown Act (Government Code § 3500 et seq.), the City and RPVEA have meet and conferred, and reached an agreement regarding the proposed increase in the City's Health Savings Account contribution for individual employees and employee family plans starting calendar year 2021; and WHEREAS, the City Council and RPVEA desire to amend the current RPVEA MOU 2020-21 by accepting, adopting and implementing the attached Third Amendment to the RPVEA MOU 2020-21 to reflect the aforementioned changes. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The City Council finds the above recitals are true and correct and incorporated herein by this reference. Section 2: The City Council approves and adopts the attached Third Amendment to the RPVEA MOU 2020-21 provided herewith as Exhibit “4” thereby extending the term of the RPVEA MOU 2020-21 to June 30, 2022 and increasing the City's Health Savings Account contribution for individual employees and employee family plans starting calendar year 2022. Section 3: This resolution shall be effective on November 16, 2021. The City Clerk shall certify the adoption of this Resolution. A-2 PASSED, APPROVED and ADOPTED this 16th day of November 2021. _____________________________ Mayor Attest: ____________________________ City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2021-__ was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on November 16, 2021. __________________________ City Clerk A-3 B-1 B-2 B-3 C-1 C-2 C-3 C-4 C-5 C-6 C-7 C-8 C-9 C-10 C-11 C-12 C-13 C-14 C-15 C-16 C-17 C-18 C-19 C-20 C-21 C-22 C-23 C-24 C-25 C-26 C-27 C-28 C-29 C-30 C-31 C-32 C-33 C-34 C-35 C-36 C-37 C-38 C-39 C-40 C-41 C-42 C-43 C-44 C-45 C-46 C-47 C-48 C-49 C-50 C-51 C-52 C-53 C-54 C-55 C-56