Loading...
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)