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Resolution No. 465020 RESOLUTION NO. 4650 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AN ADDENDUM #1 TO THE CURRENT MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS MAINTENANCE EMPLOYEES' ASSOCIATION BY ADDING AN ALCOHOL AND CONTROLLED SUBSTANCE PREVENTION POLICY AND TESTING PROGRAM FOR COMMERCIAL MOTOR VEHICLE DRIVERS RELATING TO REGULATIONS ISSUED BY THE FEDERAL HIGHWAY ADMINISTRATION OF THE DEPARTMENT OF TRANSPORTATION. WHEREAS, the City of Cypress, hereinafter referred to as "City," and the Cypress Maintenance Employees' Association, hereinafter referred to as "Association ", have met and conferred in accordance with the requirements of the Meyers - Milias -Brown Act; and, WHEREAS, the City and the Association have reached agreement on an alcohol and controlled substance policy and testing program for commercial motor vehicle drivers relating to regulations issued by the Federal Highway Administation of the Department of Transportation; and, WHEREAS, this new policy requires changes in job descriptions for affected employee classifications, and a grandfather clause for current employees who may be ineligible for the program, to comply with federal law known as the "Omnibus Transportation Employee Testing Act of 1991." This Act provided regulations relating to the safe operation of certain heavy equipment requiring a commercial driver's license, and specific drug and alcohol testing for employees who operate heavy equipment to ensure the safety of the public. The Addendum to the Memorandum of Understanding incorporates federal law and the City's current programs to provide a complete program in compliance with the Federal Highway Administration (FHWA) regulations. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cypress hereby approves the Addendum #1 to the Cypress Maintenance Employees' Association's Memorandum of Understanding effective 9 -1 -94, adding the Alcohol and Controlled Substance Policy and Testing Program, to become effective January 1, 1996, copy of which is on file in the Office of the City Clerk. PASSED AND ADOPTED by the City Council of the City of Cypress, at a regular meeting held on the 24th day ,of,t3une, 1996. MAYOR OF THE QITY OF CYPRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA) SS COUNTY OF ORANGE ) I, LILLIAN HAINA, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of said City Council held on the 24th day of June, 1996, by the following roll call vote: AYES: 4 COUNCIL MEMBERS : Age, Carroll, Jones and Bowman NOES : 0 COUNCIL MEMBERS : None ABSENT: 1 COUNCIL MEMBERS: Kerry CITY CL RK OF THE CITY OF CYPRESS