SR-07-25-1978-6ESanta Monica, California, July 13, 1978
TO: Mayor and City Council
FROM: City Staff JUL , 5 1918
SUBJECT: Extension of an Existing Memorandum of Understanding Between
the City and Transportation Department Employees' Representative
Organizations Under Paragraph 13(C) of the Urban Mass Transportation
Act of 1964, As Amended
Introduction
As a condition of receiving federal assistance for the purchase of fifteen
new buses, the City must make fair and equitable arrangements to protect
Transportation Department employees against any worsening of their positions
within the Department resulting from the use of the federal funds. To satisfy
this requirement, this report requests that the City Council adopt the attached
resolution extending the terms and conditions of a previous Memorandum of Under-
standing, adopted by the Council on September 13, 1977, to cover the fifteen
buses to be purchased under this grant.
Background
On December 13, 1977, the City Council authorized the City Manager to submit an
application to the federal Urban Mass Transportation Administration (UMTA) for
$1,566,387 to purchase fifteen buses and supporting equipment. Section 13(c)
of the Urban Mass Transportation Act specifies that as a condition of any finan-
cial assistance, fair and equitable arrangements be made, as determined by the
Secretary of Labor, to protect employees against a worsening of their position
within the Department, as a result of the federal funding.
Included in this protection are all rights, privileges and benefits (including
pension rights and benefits) of employees covered under existing memoranda of
understanding. In addition, the agreement specifies certain levels of compen-
sation for up to six years for employees who are displaced as a result of the
project.
No
JUL 2 5 1978
T0: Mayor and Council -2- July 13, 1978
No Adverse Effect Expected
Ten of the 15 buses to be purchased with the federal assistance will be used
to replace existing equipment purchased in 1966. Five of the buses will be
used to cover increased patronage experienced since 1973. Because of the
nature of the project, it is expected that no layoffs, dismissals or demotions
will occur as a result of this federal _.financial assistance.
According to the Department of Labor, because the City Council adopted such
an agreement for a previous project at its September 13, 1977 meeting, the
City, with the concurrence of the affected employee organizations, need only
resolve to extend that agreement to cover the pending grant. The three Trans-
portation Department employee organizations have agreed to this extension.
Alternatives
1. The City Council could direct staff to negotiate a new memorandum. It is
unlikely, however, that the employee organizations, and the Department of Labor,
which has final approval, would agree to less protection than that provided pre-
viously. The City would then be ineligible to receive the $1,566,387 in
federal assistance.
2. The City Council could extend the Memorandum of Understanding, adopted
September 13, 1977, to cover the pending grant for fifteen buses and supporting
equipment by approving the attached resolution. This would make the City eligible
to receive the federal funds. Because of the nature of the project, it is expected
that the protection stipulated by the agreement will never be used.
Recommendation
City Staff recommends that the City Council adopt the attached resolution. This
will permit the City to be eligible to receive federal assistance for the purchase
of fifteen buses and supporting equipment.
Prepared by: Jack Hutchison
Bob Ayer
Attachment
RESOLUTION NO.
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA EXTENDING A MEMORANDUM OF UNDERSTANDING
ORIGINALLY ADOPTED BY RESOLUTION NO. 4920(CCS)
WHEREAS, the Urban Mass Transportation Act of 1964, Public Law 88 -365, as
amended, requires the preparation of a written memorandum of understanding
between the administration of the City of Santa Monica(hereinafter called
CITY) and recognized employee organizations;
WHEREAS, the CITY approved such a memorandum of understanding on September
13, 1977 by adopting Resolution No. 4920;
WHEREAS, the U.S. Department of Labor has informed the CITY that it may
extend the terms and conditions of that agreement to a pending federal grant
for fifteen buses and supporting equipment, upon concurrence of Transpor-
tation Department employee organizations; and
WHEREAS, the Transportation Department employee organizations have agreed to
extend the terms and conditions of the previous memorandum of understanding.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE
AS FOLLOWS:
SECTION 1. The City Council does hereby agree to extend the terms
and conditions of the Memorandum of Understanding, dated September 1, 1977
and approved by the Council on September 13, 1977, to UMTA Project CA -03 -0170.
SECTION 2. The City Clerk shall certify to the adoption of this
resolution and thenceforth and thereafter the same shall be in full force
and effect.
ADOPTED AND APPROVED this day of July 1978.
ATTEST:
Santa Monica, California, July 13, 1978
TO: Mayor and City Council
FROM: City Staff JUL z 5 1978
SUBJECT: Extension of an Existing Memorandum of Understanding Between
the City and Transportation Department Employees' Representative
Organizations Under Paragraph 13(C) of the Urban Mass Transportation
Act of 1964, As Amended
Introduction
As a condition of receiving federal assistance for the purchase of fifteen
new buses, the City must make fair and equitable arrangements to protect
Transportation Department employees against any worsening of their positions
within the Department resulting from the use of the federal funds. To satisfy
this requirement, this report requests that the City Council adopt the attached
resolution extending the terms and conditions of a previous Memorandum of Under-
standing, adopted by the Council on September 13, 1977. to cover the fifteen
buses to be purchased under this grant.
Background
On December 13, 1977, the City Council authorized the City Manager to submit an
application to the federal Urban Mass Transportation Administration (UMTA) for
$1,566,387 to purchase fifteen buses and supporting equipment. Section 13(c)
of the Urban Mass Transportation Act specifies that as a condition of any finan-
cial assistance, fair and equitable arrangements be made, as determined by the
Secretary of Labor, to protect employees against a worsening of their position
within the Department, as a result of the federal funding.
Included in this protection are all rights, privileges and benefits (including
pension rights and benefits) of employees covered under existing memoranda of
understanding. In addition, the agreement specifies certain levels of compen-
sation for up to six years for employees who are displaced as a result of the
project.
JUL 2 5 1975
T0: Mayor and Council -2- July 13, 1978
No Adverse Effect Expected
Ten of the 15 buses to be purchased with the federal assistance will be used
to replace existing equipment purchased in 1966. Five of the buses will be
used to cover increased patronage experienced since 1973. Because of the
nature of the project, it is expected that no layoffs, dismissals or demotions
will occur as a result of this federal financial assistance.
According to the Department of Labor, because the City Council adopted such
an agreement for a previous project at its September 13, 1977 meeting, the
City, with the concurrence of the affected employee organizations, need only
resolve to extend that agreement to cover the pending grant. The three Trans-
portation Department employee organizations have agreed to this extension.
Alternatives
1. The City Council could direct staff to negotiate a new memorandum. It is
unlikely, however, that the employee organizations, and the Department of Labor,
which has final approval, would agree to less protection than that provided pre-
viously. The City would then be ineligible to receive the $1,566,387 in
federal assistance.
2. The City Council could extend the Memorandum of Understanding, adopted
September 13, 1977, to cover the pending grant for fifteen buses and supporting
equipment by approving the attached resolution. This would make the City eligible
to receive the federal funds. Because of the nature of the project, it is expected
that the protection stipulated by the agreement will never be used.
Recommendation
City Staff recommends that the City Council adopt the attached resolution. This
will permit the City to be eligible to receive federal assistance for the purchase
of fifteen buses and supporting equipment.
Prepared by: Jack Hutchison
Bob Ayer
Attachment
Reference:
Contract No. 3068
(CCS)