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Resolution Number 93-3-2-2275 ' RESOLUTION NO. 93-3-2-2 UNILATERALLY IMPLEMENTING TERMS AND CONDITIONS OF EMPLOYMENT FOR CLASSIFIED EMPLOYEES (1992-93 FISCAL YEAR) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, UNILATERALLY IMPLEMENTING TERMS AND CONDITIONS OF EMPLOYMENT FOR CLASSIFIED EMPLOYEES (1992-93 FISCAL YEAR) WHEREAS, the Meyers-Milas-Brown Act of the State of California provides a process for cities to meet and confer with recognized employee groups on wages, terms and working conditions; and, WHEREAS, the City has been negotiating in good faith with the San Juan Capistrano Employees Association regarding wages, terms and conditions of employment for the 1992-93 fiscal year; and, WHEREAS, the City and the San Juan Capistrano Employees have failed to reach agreement regarding salary amounts for Classified positions for the 1992-93 fiscal year; and, WHEREAS, the City and the Association have reached tentative agreement on other non -salary issues for the 1992-93 fiscal year; and, WHEREAS, the City Council is empowered to unilaterally act on salaries, terms and conditions of employment when good faith negotiations have failed to reach conclusion and impasse has been declared. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby implement the following: 1. SALARY Efforts to reach agreement about salary levels for the 1992-93 fiscal year have not proved successful, though negotiations have occurred in good faith. Salary levels for. Classified Positions are hereby maintained at the level set by the City Council in January, 1992. 2. PERFORMANCE PAY AWARD At the request of the Classified Employees Association, the Performance Pay Program is hereby modified for the 1992-93 fiscal year. The Classified Employees will receive a $15,000 pay ' out, to be shared equally by all employees in the Classified service employed as of the date of this action. This individual pay out to each Classified employee equals $254.23, based upon a population of 59 Classified employees. Individual performance award nominations submitted prior to this action will be sealed and -1- remain in the Personnel Division office. No action will be taken on these individual nominations. 3. OPTIONAL BENEFIT PAYMENT At the request of the Classified Employees Association, the $300 optional benefit reimbursement established through a previous Memorandum of Understanding is hereby approved for pay out as a one time only cash bonus to each member of the Classified service. SICK LEAVE Section 7.09 of the San Juan Capistrano Personnel Rules will be revised by separate Resolution to clarify when sick leave may be taken in time of personal necessity. 5. BEREAVEMENT LEAVE Section 7.20 of the San Juan Capistrano Personnel Rules will be revised by separate Resolution to clarify when bereavement leave may be taken for individuals other than members of the employee's immediate family. 6. EMERGENCY STANDBY PAY Section 6.22 of the San Juan Capistrano Personnel Rules will be revised by separate Resolution to provide that stand-by time be allowed to accrue as compensatory time or overtime. SPECIAL ASSIGNMENT PAY- SWEEPER OPERATOR Section 6.12 of the San Juan Capistrano Personnel Rules will be revised by separate Resolution to remove the mandatory "six days of assignment" as a requirement to receive Special Assignment Pay. 8. OTHER TERMS AND CONDITIONS OF EMPLOYMENT Other terms and conditions of employment not described herein and previously agreed to in pre-existing Memoranda of Understanding hereby remain in effect this fiscal year. PASSED, APPROVED, AND ADOPTED this 2nd day of —^,„ ,, , 1993. ATTEST: -2- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) so CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 4J-3-2-2 adopted by the City Council of the City of San Juan Capistrano, California at a regular meeting thereof held on the 2nd day of March , 1993, by the following vote: AYES: NOES: ABSTAIN: ABSENT: (SEAL) Council Members Nash, Ilausdorfer, Campbell Vasquez and Mayor Jones None None None -3-