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HomeMy WebLinkAbout09-170 - Resolutions RESOLUTION NO. 09-170 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE MID- MANAGER/SUPERVISORY-PROFESSIONAL/GENERAL EMPLOYEES RELATIVE TO WAGES, BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR FISCAL YEAR 2009-10. A. RECITALS Representatives of the City of Rancho Cucamonga (City) and the Mid-Manager/Superviscry ProfessionaVGeneral Employees have met and conferred pursuant to the provisions of the Meyers-Milias-Brown Act (California Government Code §3500, et seq.) with regard to wages, benefits and other terms and conditions of employment. Representatives of the City and Mid-Manager/Supendsory ProfessionaliGeneral Employees have agreed upon and presented to this City Council a Memorandum of Understanding pertaining to the Mid-Manager/Supervisory ProfessionallGeneral Employees effective, July 1, 2009 specifying the results of said meet and confer process. 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 attached Memorandum of Understanding entered into by and between City representatives and the Mid-Manager/Supervisory ProfessionaliGeneral Employees representatives for Fiscal Year 2009-10 effective July 1, 2009 is hereby 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 2nd day of September 2009. AYES: Gutierrez, Kurth, Spagnolo, Williams NOES: None ABSENT: Michael ABSTAINED: None 1 � Donald J. Kurth, ., Mayor ATTEST: CA nice C. Reynolds, City Jerk 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 2nd day of September 2009. Executed this 3`d day of September 2009, at Rancho Cucamonga, California. J nice C. Reynolds, City Clerk Resolution No. 09-170 - Page 2 of 13 MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AND MID-MANAGER, SUPERVISORY/PROFESSIONAL AND GENERAL LABOR GROUP SECTION 1: EFFECTIVE DATE The provisions of this MOU are effective July 1, 2009 and shall continue for a one-year period, ending June 30, 2010. SECTION 2: COST OF LIVING ADJUSTMENT There shall be no cost of living adjustment (0%) for the term of this agreement. SECTION 3: SALARY STRUCTURE All 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 5% (10 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 4: SALARY SURVEY The City shall conduct a salary survey of labor market cities approximately six months before the start of new labor negotiations for the next MOU. SECTION 5: TWO-TIERED MANAGEMENT PROGRAM Employees designated as either Professional/Supervisory or 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: Management (includes but is not limited to Mid-Managers) A. Administrative Leave—Seventy Five(75) hours perfiscal year. Days off must be approved by appropriate supervisor, after successful completion of six months service within this classification. B. Life Insurance —Additional life insurance in the amount of$20,000.00 (total $50,000.00) C. Deferred Compensation — Four percent (4%) of base salary. Resolution No. 09-170 - Page 3 of 13 Supervisory/Professional A. Administrative Leave — Fifty (50) hours per fiscal-year. Days off must be approved by appropriate supervisor, and may be taken only after successful completion of six months service within this classification. B. Life Insurance —Additional life insurance in the amount of $20,000.00 (total $50,000.00). C. Deferred Compensation — Two percent (2%) of base salary. SECTION 6: LIFE INSURANCE The City provides $30,000.00 base coverage of life insurance for all employees. Employees who want to purchase additional life insurance coverage with personal funds may do so at the City's group rate. SECTION 7: 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 groups, 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 effective July 1, 2009 SECTION 8: 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 fund, without any City contribution, participation in a group health insurance program(s) which is making group health insurance available to the City's retirees. 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. Resolution No. 09-170 - Page 4 of 13 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. All premiums foi&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. 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 9: DENTAL INSURANCE The City shall provide a dental insurance plan for all full-time continuous salaried employees within the bargaining unit. The City agrees to average the cost of dental insurance for all full time continuous salaried employees within the bargaining unit and elected officials through June 30, 2010, SECTION 10: OPTICAL INSURANCE The City shall provide an optical insurance plan for all full-time continuous salaried employees within the bargaining unit and elected officials. The City agrees to average the cost of optical insurance for all full time continuous salaried employees within the bargaining unit and elected officials through June 30, 2010. SECTION 11: FLEXIBLE SPENDING ACCOUNT PLAN UNDER SECTION 125 The City has established a flexible spending account plan managed by a third party administrator that is open to voluntary participation of members in the bargaining unit. Effective with the new plan year, January 1, 2010, the City agrees to pick up all administrative fees associated with maintaining this program for bargaining unit members (including but not limited to debit card fees). Resolution No. 09-170 - Page 5 of 13 SECTION 12: RETIREE HEALTH SAVINGS ACCOUNT The City agrees that it shall provide information and allow to be established and implemented, at no cost to the City, a voluntary form of Retiree Health Savings Account. Actual establishment of the Health Savings Account requires the approval of the bargaining unit. SECTION 13: 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 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 spouses 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 Section 297). SECTION 14: 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, 1/2 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 this time. Personal leave can be taken after six months service. SECTION 15: 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 Service. 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 Resolution No. 09-170 - Page 6 of 13 SECTION 16: VACATION BUYBACK The City will provide the [total] cash value of up to 80 hours of vacation leave annually, that may be bought back during either November or April. 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 17: 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 service. SECTION 18: SICK LEAVE BUYBACK Employees within the bargaining unit who terminate their city employment after 5 years of continuous service and have at least 50% of five years' sick leave accrued on the books upon termination can sell 120 hours back to the City. If all City non-safety employee groups agree to a PERS contract modification, and provided there are no one-time or additional ongoing implementation costs to the City, the City of Rancho Cucamonga will amend its PERS retirement contracts to allow employees, upon retirement and at their option, to apply up to 120 hours unused accumulated sick leave toward service credit for retirement, in accordance with the Public Employees Retirement Law. Use of the 120 hours toward service credit for retirement will abrogate the employees' ability to receive compensation for the 120 hours. SECTION 19: HOLIDAYS The City Offices shall observe the following 14 holidays. All full time continuous salaried employees shall be compensated at their regular rate for these days. 111 July 4 Independence Day IZ) First Monday of September Labor Day 131 November 11 Veteran's Day (4) Last Thursday of November Thanksgiving Day I5) Day following Thanksgiving (Floater) 161 December 24 Day preceding Christmas (Floater) 171 December 25 Christmas Day I51 January 1 New Years Day (9) Third Monday of January Martin Luther King's Birthday (10) Third Monday of February President's Day 1111 Last Monday of May Memorial Day (12) Three discretionary days may be taken by an employee at his/her convenience after six months service subject to approval of the department head. Days may not be carried over from one fiscal year to the next. Resolution No. 09-170 - Page 7 of 13 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 holiffaj s 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. 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 20: HOLIDAY TIME The City agrees that employees who are assigned to work on a holiday, whether or not their regular shift assignment requires they work that day, are eligible for pay at time and one-half for working that day. This time and one-half may be taken as compensation or put in a compensatory time off bank, (in effect, compensating at double time and one-half). That rate of compensation is tallied as follows: The ten hours compensation for the holiday, plus compensation at time and one-half for the hours actually worked. This payment at time and one-half abrogates the employee's right to that holiday. SECTION 21: PREMIUM HOLIDAY COMPENSATION Maintenance employees in the bargaining unit required as part of the regular work assignment to work on Christmas Day, New Years Day, Independence Day or Thanksgiving Day, are allowed to observe the holiday on another day. Additionally, these employees who work on the aforementioned designated holidays may select to receive compensation on that holiday at time and one-half for the ten hour shift, or take a second holiday as time off at a later date. SECTION 22: NATAL AND ADOPTION LEAVE WITHOUT PAY The City shall provide employees within the bargaining unit 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. Resolution No. 09-170 - Page 8 of 13 SECTION 23: NATAL AND ADOPTION LEAVE WITH PAY Employees within the bargaining unit are granted up to 2 days natal and adoption leave with pay for the birth or adoption of a child, however, use of the 2 paid days does not extend any time charged under FMLA or CFRA. Any paid time required beyond this initial 2 days must be charged to sick leave, vacation, compensatory or floating holiday time. SECTION 24: 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 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 (1st) 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 only be used in one- hour increments. SECTION 25: 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 26: MILITARY SERVICE BUY BACK Employees have the option for military service buy back at the employee's expense. SECTION 27: OVERTIME-MAINTENANCE (NON-SBPEA) The City agrees that employees who are sent home to rest and to be available to work additional hours as a result of a storm or impending emergency situation and are not subsequently recalled to work, will be compensated for the hours not worked in that shift, due to them having been sent home, to bring the total hours to 10 worked in that shift. Employees who are subsequently recalled to work the storm or emergency situation will work no more than 12 consecutive hours. Any hours worked in excess of 10 in that 12 hour shift will be paid at time and one-half, regardless of the total numbers of compensated hours for that work week. Resolution No. 09-170 - Page 9 of 13 SECTION 28: ON CALL PAY Employees required to be on call shall be compensated at the rate of $200.00 per week. SECTION 29: SAFETY FOOTWEAR The City will provide up to $200.00 annually toward the purchase of safety footwear at a city designated vendor for employees required to wear safety footwear in the performance of their job duties. SECTION 30: RETIREMENT BENEFIT The City will provide the employees' contribution 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 31: 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 represent 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. Resolution No. 09-170 - Page 10 of 13 D. Eligibility for reimbursement upon completion of coursework shall be predicated upon the employee's department head or his designee, making a written determination priorto the affected employee's enrollment in the course(s)forwhich 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 Department Head 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 32: 4/10 WORK WEEK The City will operate on a 4/10 work week, hours 7 am to 6 pm, Monday through Thursday. SECTION 33: CARPOOL PROGRAM The City has implemented a well-defined, equitable, carpool program that eliminated the previously provided time-off incentive with a financial incentive. The carpool program is. open to all full time regular employees. Participation is voluntary and employees interested in participating shall file a Rideshare Application Agreement and comply with the requirements of the program. The financial incentive for the program is $2.60 per day for every day that the bargaining unit employee carpools. SECTION 34: BI-LINGUAL PAY Bargaining Unit employees who qualify for bi-lingual pay will be provided such at $75.00 per month, subject to a cap of no more than three (3) authorized bargaining unit bi-lingual employees per department. SECTION 35: PARITY PROVISION If, during the term of this MOU the City provides base salary increases to other City/Fire District employees in amounts in excess of that provided to City employees pursuant to this MOU, then said additional base salary increases shall be implemented as to City employees in the payroll period(s) for which said base salary increases were made effective for other City/Fire District employees. SECTION 36: CONFIDENTIAL EMPLOYEES Confidential employees are designated as such when an employee in the course of his or her duties, has access to information relating to the City's administration of employer- employee relations. Employees designated as confidential employees may not act as representatives of employee organizations which represent other employees of the City. Resolution No. 09-170- Page 11 of 13 The employees designated as confidential employees are as follows: Account Technician — Payroll Personnel Services Coordinator Administrative Secretary Planning Commission Secretary Assistant City Clerk Records Clerk Benefits Technician Records Coordinator Deputy City Clerk Risk Management Coordinator Executive Assistant Secretary Office Specialist II —Administrative Services Senior Account Technician — Payroll Personnel Clerk Senior Administrative Secretary SECTION 37: LIMITED REOPENER During the term of this MOU, the parties agree to re-open the meet and confer process in December 2009 to discuss possible changes to the 2010 health benefits that will be advantageous to both parties. These changes may include, but are not limited to, coverage renewal dates, insurance brokers, amendments to benefit levels and other related matters. Resolution No. 09-170 - Page 12 of 13 SECTION 38: ADOPTION OF MOU This memorandum, between representatives of the City and the Mid-Manager, Supervisory/Professional and General Labor Group, was adopted on September 2, 2009. MID-MANAGER, SUPERVISORY/PROFESSIONAL AND GENERAL LABOR GROUP CITY Johomas, n Check & Inpp. Mgr. Jack Lam, City Manager d- anager �!/Z(o p�j Flavio Nunez, RDA Ana y t III Supervisory/Professiona`I � 'JO(-,a l J e'Sio;g Associaitelfnginder ( upervisory/Professional ' r Vicky Roslof, Library Clerk General Employees Alicia Reister, Code Enforcement Officer General Employees Resolution No. 09-170 - Page 13 of 13