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HomeMy WebLinkAbout09-032 - Resolutions RESOLUTION NO. 09-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA APPROVING THE CERTAIN MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO CUCAMONGA AND EXECUTIVE MANAGEMENT GROUP FOR WAGES, BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR FISCAL YEAR 2009-2010 A. Recitals: 1. Representatives of the Executive Management Group and the City of Rancho Cucamonga have met and conferred pursuant to the provisions of the Meyers- Milias-Brown Act (California Government Code Section 3500, et seq.) with regard to wages, benefits and other terms and conditions of employment. 2. Representatives of the City and Executive Management have agreed upon and presented to this Council a Memorandum of Understanding effective, July 1, 2009 specifying the results of said meet and confer process. 3. It is necessary from time to time to review the salary and wages specified for Executive Management personnel. 4. All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution: NOW THEREFORE, the City Council of the City of Rancho Cucamonga, California, does hereby find, determine and resolve as follows: 1. In all respects, as set forth in the Recitals, Part A, of this Resolution. 2. The certain Memorandum of Understanding entered into by and between City representatives and the Executive Management Group representatives for fiscal year 2009-2010 effective July 1, 2009 hereby is approved and ratified by the City Council. 3. The City Clerk shall certify to the adoption of this Resolution. Please see the following page for formal adoption,certification and signatures PASSED, APPROVED, AND ADOPTED this 4th day of March 2009. AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None Dl Y Donald J. Kurth- ., Mayor ATTEST: nice C. Reynolds, Cit Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 4th day of March 2009. Executed this 5th day of March 2009, at Rancho Cucamonga, California. Qajw—u-' r" � 61 nice C. Reynolds, City Clerk Resolution No. 09-032 - Page 2 of 12 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AND EXECUTIVE MANAGEMENT EMPLOYEE GROUP SECTION 1: COST OF LIVING ADJUSTMENT There shall be no cost of living adjustment (0%) for the term of this agreement, except as may be provided to any other City or Fire District bargaining units. SECTION 2: SALARY STRUCTURE Executive Management employees will be assigned to salary ranges which are no less than 20% (40 salary code steps) below the control point and no more than 15% (30 salary code steps) above the control point. Actual salary within the range is determined by performance, achievement of goals and objectives, or for recent appointments, growth within the position. SECTION 3: Employees designated as Executive Management are not eligible for overtime pay, or compensatory time for working hours over and above the normal daily work schedule. Employees so designated shall be entitled to all benefits provided to general employees and the following: A. Administrative Leave — One hundred (100) hours per fiscal year. Days off must be approved by appropriate supervisor, after successful completion of six months services within this classification. B. Life Insurance — Life insurance in the amount of 100% of the annual base salary plus $75,000. C. Deferred Compensation — Six percent (6%) of base salary. Additional voluntary individual contributions above the 6% of base salary level will be matched dollar for dollar by the City up to a limit of 2% of base salary. The total contributions for both City and Employee cannot exceed the maximum annual contributions as determined by the Internal Revenue Service. D. Automotive allowance of $500 per month if a City vehicle is not provided. E. Executive Wellness Plan — The City shall provide reimbursement for employee for an Executive Physical, and related approved expenses, up to a maximum amount of $2,000 per fiscal year. If the employee selects or requires additional services beyond the $2,000 per fiscal year amount, employee may receive reimbursement for additional approved expenses in an amount equivalent to any unspent funds remaining from employee's Executive Wellness Plan from the Resolution No. 09-032—Page 3 of 12 prior fiscal year. If no unspent funds remain from employee's Executive Wellness Plan from the prior fiscal year, employee may receive reimbursement for additional approved expenses as an advance against employee's next immediate fiscal year Executive Wellness Plan (1 year advance only). In no event shall any employee receive more than $4,000 total reimbursement for an Executive Physical, and related expenses, in one fiscal year. Approved providers, and a list of eligible reimbursable services, shall be determined by the Administrative Services Department. SECTION 4: HEALTH INSURANCE A. EMPLOYEES HIRED BEFORE JULY 1, 1994 The City shall provide employee and family health insurance for all existing full- time continuous salaried employees within the bargaining group, subject to the limitation that no such monthly funding by the City shall exceed the following: $995.60 effective July 1, 2009 B. EMPLOYEES HIRED AFTER JULY 1, 1994 The City shall provide employee and family health insurance for.all full-time continuous employees within the bargaining groups who have been hired on or after July 1, 1994, subject to the limitation that no such monthly funding by the City shall exceed the following: $700.00 effective July 1, 2009 SECTION 5: RETIREE MEDICAL Subject to the conditions stated below, effective upon a service or disability retirement from City service at or beyond age 55 with 10 consecutive years of City service at the time of retirement, retirees shall be eligible to 100% personally funded without any City contribution, participation in a group health insurance program(s) which is making group health insurance available to the City's retirees and eligible dependent. It is agreed and acknowledged by the parties to this MOU that no representation is or can be made by the City, that such group retiree health insurance is available, or if available, will remain available for any specific future period of time. If no such group health insurance is reasonably available, or if the private carrier(s) terminates such coverage as to the retiree group or any individual group member, the City shall have no obligation/duty to self-fund or otherwise provide insurance or replacement insurance. Resolution No. 09-032 —Page 4 of 12 All premiums for the retiree and/or eligible dependents shall be borne by the retiree. The City shall advance and submit the necessary premiums to the carrier(s), subject to the retiree reimbursing the City not later than 30 calendar days after City payment of the premium. Failure to timely reimburse the City shall result in no further premium payments being made by the City, resulting in termination of insurance coverage. The City's duty to advance said premiums shall terminate at age 65 of the retiree, regardless of whether or not the retiree is eligible for Medicare. City shall advise the group carrier of the insured's status as a retiree or eligible dependent. Coverage eligibility shall then be solely determined by the group insurance carrier(s). It is likely that premium rates for retirees and/or dependents shall be greater than rates for employees. Regardless, retirees shall pay 100% of said rates. If at any time, it is determined by any group health insurance carrier that the City is prohibited from seeking premium reimbursement from a retiree, City affiliation and retiree enrollment in said group insurance plan shall immediately terminate upon rendering of the insurance carrier's decision. In such case, no retiree shall seek reimbursement from the City for any prior premiums paid by the retiree to the City as and for premium reimbursement. SECTION 6: DENTAL INSURANCE The City shall provide a dental insurance plan for all full-time continuous salaried employees. The City agrees to average the cost of dental insurance for all full-time continuous salaried employees through June 30, 2010. SECTION 7: OPTICAL INSURANCE The City shall provide an optical insurance plan for all full-time continuous salaried employees. The City agrees to average the cost of optical insurance for all full-time continuous salaried employees through June 30, 2010. SECTION 8: PREMIUM ONLY PLAN UNDER SECTION 125 Effective September 1, 2004, the City implemented a Section 125 (Premium Only Plan) that allows pre-tax payroll deductions for employees' contributions for health benefits. The plan was subsequently expanded from a "premium only plan" to a "flexible spending account", with certain administrative costs borne by the employee. SECTION 9: BEREAVEMENT LEAVE When a death occurs in the family of a full-time employee, the employee shall be granted up to five (5) bereavement leave days with pay. A death certificate or other Resolution No. 09-032 — Page 5 of 12 acceptable evidence may be required by the City Manager or designee before leave is allowed. Family members are defined as follows: employee's spouse or domestic partner, employee's parents, employee's grandparents, employee's children, employee's siblings, or employee's grandchildren, employee's spouse or domestic partner's parents, employee's spouse or domestic partner's grandparents, brother-in- law, sister-in-law, employee's spouse or domestic partner's children, employee's spouse's grandchildren, or a blood relative residing with employee. The City Manager or designee shall approve such bereavement leave. (References to domestic partner refer to registered domestic partners, as defined by California Family Code §297). SECTION 10: RETIREE HEALTH SAVINGS ACCOUNT The members of the Executive Management Group have unanimously agreed to implement a Retiree Health Savings Account as follows: A. PRE-1994 EMPLOYEES 1. All Executive Management employees hired prior to 1994 will contribute the agreed upon value of their accumulated vacation and eligible sick leave time to the Retiree Health Savings Account, upon separation from the City. 2. Pre-1994 Employees will review the provisions of the Retiree Health Savings Account on a yearly basis, in June of every fiscal year, and notify the City of any changes that are desired in the contribution values of their collective accounts on or before July 1 of the following fiscal year. Any changes must be approved by a simple majority of the Pre-1994 participants, prior to implementation. 3. The Retiree Health Savings Account will be administered . for the participants by Nationwide Retirement Solutions and all costs related to the ongoing administration thereof will be borne by plan participants, based on the fees and charges established by Nationwide Retirement Solutions, which may change from time to time, and not the City. B. POST-1994 EMPLOYEES 1. All Executive Management employees hired subsequent to 1994 will contribute the agreed upon percent of the cash value of their accumulated vacation and eligible sick leave time to the Retiree Health Savings Account, upon separation from the City. It is understood that the funds contributed are limited to paying for qualified medical premiums. 2. Post-1994 Employees will review the provisions of the Retiree Health Savings Account on a yearly basis, in June of every fiscal year, and notify the City of any changes that are desired in the contribution values of their Resolution No. 09-032—Page 6 of 12 collective accounts on or before July 1 of the following fiscal year. Any changes must be approved by a simple majority of the Post-1994 participants, prior to implementation. 3. The Retiree Health Savings Account will be administered for the participants by Nationwide Retirement Solutions and all costs related to the ongoing administration thereof will be borne by plan participants, based on the fees and charges established by Nationwide Retirement Solutions, which may change from time to time, and not the City. C. FIRE CHIEF 1. The Fire Chief will contribute the agreed upon percent of the cash value of his/her accumulated vacation and eligible sick leave time to the Retiree Health Savings Account, upon separation from the City. It is understood that the funds contributed are limited to paying for qualified medical premiums. 2. The Fire Chief will review the provisions of the Retiree Health Savings Account on a yearly basis, in June of every fiscal year, and notify the City of any changes that are desired in the contribution value of his/her account on or before July 1 of the following fiscal year. 3. The Retiree Health Savings Account will be administered for the participants by Nationwide Retirement Solutions and all costs related to the ongoing administration thereof will be borne by plan participants, based on the fees and charges established by Nationwide Retirement Solutions, which may change from time to time, and not the City. SECTION 11: PERSONAL LEAVE Employees can use up to 20 hours of accrued sick leave, vacation, administrative leave or holiday time as personal leave. These 20 hours can be used incrementally (i.e., 1 hour; '/2 hour) throughout the fiscal year. Use of this time is for situations requiring the employee's attention and needs to be cleared with their supervisor when using the time. Personal leave can be taken after six months of service. SECTION 12: VACATION All full-time employees shall, with continuous service, accrue working hours of vacation monthly according to the following schedule. Vacation can be taken after six months of service. Resolution No. 09-032 — Page 7 of 12 Length of Service Hours Accrued Annual Hours In Years Per Pay Period Accrued 1 3.077 80 2 3.461 90 3 3.846 100 4 4.230 110 5 4.615 120 6-8 5.000 130 9 5.384 140 10 5.769 150 11-13 6.153 160 14 6.538 170 15+ 6.923 180 SECTION 13: VACATION BUYBACK The City will provide the cash value of up to 80 hours of vacation leave annually in November. Employees must maintain a minimum of 80 hours of accrued vacation subsequent to any payment of vacation buy back time. Employees who wish to buy back vacation must request payment of not less than 40 hours and not more than 80 hours. SECTION 14: SICK LEAVE All full-time employees shall, with continuous service, accrue 120 hours of sick leave annually. Sick leave can be taken after six months of service. The City shall provide eligible employees with leave of absence due to family and personal health purposes as provided by the U.S. Family and Medical Leave Act ("FMLA; 29 U.S.C. section 2601 et seq.) and the California Family Rights Act ("CFRA"; California Government Code section 12945.2). The City's FMLA/CFRA policy is incorporated herein by reference. The City shall also provide leave of absence for reasons covered by FMLA relating to covered relationships who are members of the military pursuant to the 2008 amendments to FMLA contained in the National Defense Authorization Act. SECTION 15: SICK LEAVE BUYBACK Employees who terminate their City employment after 5 years of continuous service and have at least 50% of five years of sick leave accrued on the books upon termination can sell 120 hours back to the City. Resolution No. 09-032 —Page 8 of 12 SECTION 16: HOLIDAYS The City Hall Offices observe the following 14 holidays. All full-time continuous salaried employees shall be compensated at their regular rate for these days: (1) July 4 Independence Day (2) First Monday of September Labor Day (3) November 11 Veteran's Day (4) Fourth Thursday of November Thanksgiving Day (5) Day following Thanksgiving (Floater) (5) December 24 Day preceding Christmas (Floater) (7) December 25 Christmas Day (5) January 1 New Years Day (9) Third Monday of January Martin Luther King's Birthday (70) Third Monday of February President's Day (11) Last Monday of May Memorial Day (12) Three discretionary days may be taken by an employee at his/her convenience after six months of service subject to approval of the department head. Days may not be carried over from one fiscal year to the next. Whenever a holiday falls on a Sunday, the following Monday shall be observed as a holiday. Whenever a holiday falls on a Friday or Saturday, the preceding Thursday shall be observed as the holiday. When a holiday combination occurs (Thanksgiving, Christmas, etc.) where two consecutive days are holidays and it would result in the City Hall being open to serve the public only 2 days during the week, only one of the holidays will be observed and the other holiday will become a floating holiday. For example, for Thanksgiving, Thursday will be observed as the regular holiday; however Friday will become a floating holiday to be used at a later date. For Christmas, Wednesday will be observed as the regular holiday; however Tuesday (the day preceding Christmas) will become a floating holiday to be used at a later date. In the instance of Thanksgiving, Christmas or New Years, employees will have until June 30 to use those floating holidays accrued between Thanksgiving and New Years. Also, those days will not accrue as floating holidays until the actual holiday has occurred. Each year the City will designate which days will be observed and which are floating holidays. Resolution No. 09-032— Page 9 of 12 Employees who are eligible to bank a holiday have until June 30 (end of fiscal year) to use the banked holiday earned from July 1 through April 30. Any holiday banked in May and June, employees have until September 30 to use the banked holiday. SECTION 17: NATAL AND ADOPTION LEAVE WITHOUT PAY The City shall provide employees up to four months natal and adoption leave for the birth or adoption of a child; such leave shall be pursuant to the provisions of the California Pregnancy Disability Act ("PDA'; California Government Code section 12945), if applicable. The City's PDA policy is incorporated herein by reference. Employees on this leave of absence without pay beyond the four-month period will be responsible for the payment of medical, dental and optical premiums to keep the coverage in force during the leave of absence. SECTION 18: NATAL AND ADOPTION LEAVE WITH PAY Employees are granted up to 2 days natal and adoption leave with pay for the birth or adoption of a child. Any paid time required beyond this initial 2 days must be charged to sick leave, vacation, compensatory or floating holiday time. SECTION 19: WORKERS COMPENSATION LEAVE Any employee covered herein who is receiving disability payments under the "Workers Compensation Act of California" for on-the-job injuries sustained while engaged in the performance of duties of any such City position, shall receive from the City during the first three months of such disability absence, payments in an amount equal to the difference between the disability payments received under the Workers Compensation Act and the employee's full salary. Such payments by the City should be made without any deduction from accrued sick leave benefits. The City's obligation for such payments shall commence on the first (1') day of such disability absence. In the event the employee's disability absence should exceed three months, an employee shall be allowed to supplement the Workers Compensation benefit received under State law with available accrued sick leave, accrued vacation leave or accrued compensatory time. The total number of leave hours, along with the Workers Compensation benefit, shall not exceed the employee's base pay for each day of the leave. For this purpose, accrued leave hours can be used in one-hour increments. SECTION 20: MILITARY LEAVE Employees required to serve military leave will be compensated pursuant to the Military and Veterans Code. To qualify for compensation the military orders must be submitted to the supervisor prior to their tour of duty and must be attached to the timecard for that pay period. SECTION 21: MILITARY SERVICE BUY BACK Resolution No. 09-032— Page 10 of 12 Employees have the option for military service buy back at the employee's expense. SECTION 22: RETIREMENT BENEFIT The City will provide the employees' confdbution for CalPERS 2.5% @ 55 retirement formula and supplemental benefit through PARS Phase II Retirement System. The new retirement formula and the supplemental plan shall become effective December 1, 2002. SECTION 23: TUITION REIMBURSEMENT FOR APPROVED COLLEGE AND UNIVERSITY COURSES Effective July 1, 2006, (July 1 through and including the following June 30) reimbursements by the City of the following enumerated college and/or university course expenses shall not exceed two thousand three hundred dollars ($2,300.00) during any fiscal year. Eligibility for said reimbursement in an amount not to exceed $2,300.00 in any one fiscal year shall be contingent upon a determination by the employee's department head or his designee that all of the following conditions precedent exists: A. Expenses shall be incurred as regards coursework undertaken at a college or university that is licensed/accredited by the State of California. B. The applicant for reimbursement shall present to the Personnel Department documentation prepared by the accredited/licensed college or university which evidences the applicant's receipt of a grade of "C" or "pass" in a pass/fail class. As regards each class for which reimbursement is sought (where an employee is simultaneously enrolled in multiple approved classes and does not receive a "C" or "pass" in any one or more of such classes, the amount of expenses subject to City's reimbursement shall be reduced and/or as appropriate, pro-rated to reflect no reimbursement being made for expenses related to classes where the minimal grade was not received). C. Eligibility for.reimbursement for said expenses shall be confined to either: 1) those courses that in 'and 'of themselves consist of curriculum which is predominately related to the development of skills reasonably anticipated by the City to enhance the applicant's job performance (by means of a non-inclusive example only, art classes would not qualify for reimbursement); or 2) where the employee has declared a major that is job-related as set forth in this Section C, to those classes which must be completed as a condition precedent to successful completion of the course of study in the selected major. D. Eligibility for reimbursement upon completion of coursework shall be predicated upon the employee's department head or his designee, making a written determination prior to the affected employee's enrollment in the course(s) for Resolution No. 09-032—Page 11 of 12 which reimbursement is later sought, that the coursework is offered by an accredited college or university and that the above-described job nexus does exist. The determination of the City Manager or his designee in such regards shall be final. E. The costs which.shall be subject to reimbursement are limited to the following: 1) tuition; 2) books; 3) supplies; 4) parking; and, 5) laboratory. In addition to all other conditions precedent to reimbursement set forth in this section, prior to reimbursement being approved, written receipts shall be provided to the Personnel Department and shall evidence each expenditure for which reimbursement is sought. SECTION 24: 4/10 WORKWEEK City Hall operates on a 4/10 work week, hours lam to bpm, Monday through Thursday. Remote facilities operate on a 40-hour work week of varying days and times. SECTION 25: Bi-UNGUAL PAY Employees who qualify for bi-lingual pay will be provided $50.00 per month. SECTION 26: EFFECTIVE DATE The provisions of this resolution are effective July 1, 2009 and shall continue for a one- year period, ending June 30, 2010. CITY EXECUTIVE MANAGEMENT =—jack Lam ( Linda Daniels City Manager Redevelopment Agency Director Resolution No. 09-032 -Page 12 of 12