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HomeMy WebLinkAbout15-091 - Resolutions RESOLUTION NO. 15-091 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING A SIDE LETTER AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION WHEREAS, Representatives of the City of Rancho Cucamonga (City) and the San Bernardino Public Employees Association — Teamsters Local 1932 (SBPEA) have met and conferred pursuant to the provisions of the Meyers-MiIias-Brown Act (California Government Code §3500, et seq.) with regard to terms and conditions of employment; and WHEREAS, Representatives of the City and SBPEA have agreed upon and presented to this City Council a Side Letter Agreement (see attached Side Letter Agreement) that Amends the Current Memorandum of Understanding effective July 1, 2014, to June 30, 2017, related to adding an additional year to the MOU. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES that said Side Letter Agreement with the SBPEA is hereby approved and the City Manager is hereby authorized to sign said Side Letter Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. RESOLUTION NO. 15-091 - Page 1 of 2 PASSED, APPROVED, AND ADOPTED this 17" day of June 2015. AYES: Alexander, Kennedy, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None e nis Michael, Kiayor ATTEST: Q,14 U,4 J nice C. Reynolds, City Oferk 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 17" day of June 2015. Executed this 18`" day of June 2015, at Rancho Cucamonga, California. �(✓� ti2�'fl��'vp-c-rN J ce C. Reynolds, City C 9 rk RESOLUTION NO. 15-091 - Page 2 of 2 SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION The City of Rancho Cucamonga ("City") and the San Bernardino Public Employees Association — Teamsters Local 1932 ("SBPEA") have a Memorandum of Understanding (`MOU") that commenced on July 1,2014 and is set to end on June 30, 2017. The Parties now wish to enter into this new Side Letter of Agreement to memorialize the changes to Sections 2, 6, 28, 40, 41 and 42 resulting in an additional year to the MOU and some additional compensation and benefits as agreed to by both sides. The following sections shall amend and replace the corresponding sections currently in the MOU: SECTION 2: COST OF LIVING ADJUSTMENT There shall be no east of living adjustment (0%) fE�r the teFm of thjs�� Effective the first full pay period in July of 2017 All SBPEA covered employees will receive a 2% base salary increase SECTION 6: 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 B. EMPLOYEES HIRED AFTER JULY I. 1994 The City shall provide employee and family health insurance for all full-time continuous employees within the bargaining group 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 the first full pay period after approval of the MOU by the City Council, this amount will increase by $50 to a total of$750 per month. Effective with the first full pay period in July of 2015, this amount will increase by $50 to a total of$800 per month. Effective with the first full pay period in July of 2016, this amount will increase by $50 to a total of$850 per month. Effective with the first full pay period in July of 2017 this amount will increase by $50 to a total of$900 per month. C. CASH IN-LIEU PAYMENT Represented employees who had waived coverage under a City-paid medical insurance plan, and were receiving a cash in-lieu payment in the amount of$200 per month for single coverage or $300 per month for family coverage as of September 30, 2012, may continue to receive this cash in-lieu payment as long as they remain eligible. To be eligible, an employee must provide proof of other medical insurance coverage and must have provided a signed waiver. No other represented employees shall be eligible for this benefit. Employees not receiving cash in-lieu as of September 30, 2012, may still waive coverage by providing the proof of insurance and signed waiver as noted above, but will not receive a cash in-lieu payment. SECTION 28: RE'rIREMENT BENEFIT Unit members whe do not meet the definition E)f "new membef" under the Galk;qmia Pab4ie Employees� Pension R-et;nrin, Aiet Rf 2013 (PEPRA) (these unit membefs shall be referred to as o5 retirement o C _ C e 55 retiFement plan •'\ and ..hall be pf 'a a 1 benefits d ib L.d I 2134.4 2.3%. a55 11 FormiilR , 1374 4t Level 1959 a eightpays Ow narinal C IPEnc .. embeFeentriba4 . pe, nom«, oT ^, effipleyees shall pay ene bpoint 0 PPP&Otive 'A'ith the fiEst full pay period in july 2015, employees NN411 ajsO­pay4wo-peree+A ucJc-[-rt]GSI-vclpvT O Cit. pays six pefeent /60/\ F h I CAPERS Member ib Effective the first full pay period in july 2016, employees will pay an additional twR pe t /20%\ of their DERSable eempensatien _a Leif n 0and City0 B. Tiff 2 Employees HiFed Between Septembef 1� 2010 and july 3� 2011 c 21334.4 2.5% at 55llamlt § 21374 4th Leer.959 Smp�j"m Until the first rill pay pefied ' r I 20t c C' pays seven peFeent (Ion of the Reffflal C-a.'PP.R-S rAemhercofitfibution; employee pays one epoint (11%)b membef [IC)gil0 per Resolution pCTf Effiective the first full pay period-in July 2015, empioyees wip pay an additional !Nvo nerrent (20/) f ttie' DCDc titY atheiF then 1DDD0 fflpmllef total ef three peFeent ^0 ), and City pays five pereent 0 n Fc 1 .. (7ULA r their DCDC..blo d theiF C / p ), and Gity pays thFee percent o of the normal C. Tier 3 Employees Hired between july 4, 2011 and PeceinbeF 31, 2012, and Employees Deemed "Cl, Fnembefs hiFedon-or after 7anuary 1 2013 c 21354 20% " "3I Ig�,1 1 71 4th Level 1959 Safvivor § 200:-37 YF Final CompensatielF, City pays six:pereent O one peFeentage point (I 0 ) of the C-alPFRS membeF eeniFibution per Resolution 11 063. Effective the fifst ftill pay period in july 2015, employees will pay an additional twe nP (2%) r their DCDQ..ble eornpensatioii towards .L_:_ n_mr-nn Fnp _1_ - 0 ) of the neFinal 0 J and employee P,14�eotivp, the 4�rst full pay peFied in jul), 2016, employees will pay an additienal twe ReFeent ef ffigir DCDC til ,J their !' InCDS merAbef Y p ) of the nomial CAPERS Memberp D. 1t is understood that Hil P.Rntributionst- - paid by t YTI as a ' d ' Parts n L bI G abeve shall be cadeulated haspd- upon the full base salaFy of the employee, plus any additional DCDC.,t.k ...P ., r era--rerrrt-tt3 ei=tetttfrettit6fk5 (EPN4G). P. The Gity pays 9PN4C- far the varieus "Tiers" as outlined above and repoi4s the value of b sand shall be peeial compensation repor > agree that the Gity has ne additienal obligation or eo-1,.q should C-,FI'PPR-S, flie State oF the me det.,_...ine otheF The Gity shall adopt necessaFy resolutions related te the b fifst PHII pay peried in Aily of 2015 and the first full pay peried in in july of 2016. The City adopted a FesolutieR providing that all empleyee CalPFRS eent-ibiltions shall be Unit members who do not meet the definition of "new member" under the California Public Employees' Pension Reform Act of 2013 (PEPRA) (those unit members shall be referred to as "classic members") are enrolled in either the CalPERS retirement lan commonly referred to as the 2.5% at aae 55 retirement plan (""Fier 1" and "Tier 2") or in the 2% at age 55 retirement plan ("Tier 3") and shall be provided the benefits as described below: A. Tier 1 — Employees Faired Before September 1 2010 & 21354.4 2.5% at 55 Full Formula S 21574 4th Level 1959 Survivor 20042 1 Yr Final Compensation 1. Citv pays the normal eieht percent(8%)CalPERS member contribution per Resolution 11-063. 2. Effective 7/1/13 employees shall pay one percentage point (1%) of the CalPERS emplover contribution. 3. Effective the first full pay period in July 2015 any individual who has been at the top step of their ranee for at least 365 days prior to the first full pay period in Jul 2� 015 and receives a merit step increase effective the first full pay period in July 2015 per MOU Section 3A, shall pay an additional two percent (2%) of their PERSable compensation toward the CAPERS employer contribution for a total of three percent 3% . All individuals who have been at the top step of their range for fewer than 365 days prior to the first full pay period in July 2015 and receive a merit increase between the first full pay period in July 2015 and the first full pay period in July of 2016 per MOU Section 3A, shall pay an additional two percent(2%) of their PERSable compensation toward the Ca1PERS employer contribution effective the date they receive their merit increase for a total of three percent (3%) Employees hired, promoted or reclassified after July 1 2015 covered under this tier shall pay three percent (3%) of their PERSable compensation toward the CalPERS employer contribution effective the date they are hired promoted or reclassified 4. Effective the first frill pay period in July 2016 any individual who has been at the top step of their ranee for at least 365 days prior to the first full pay period in Julv 2016 and receives a merit step increase effective the first full pay period in July 2016 per MOU Section 3B, shall pay an additional two percent (2%) of their PERSable compensation toward the CalPERS employer contribution for a total of seven percent 5( °/ All individuals who have been at the top step of their ranee for fewer than 365 days prior to the first full pay period in July 2016, and receive a merit increase between the first fill pay period in July 2016 and the first full pay period in July of 2017 per MOU Section 3B, shall pay an additional two percent (2%) of their PERSable compensation toward the CalPERS employer contribution effective the date they receive their merit increase for a total of five percent (5%) Employees hired, promoted or reclassified after ,July 1. 2016 covered under this tier shall pay five percent (5%) of their PERSable compensation toward the CAPERS employer contribution effective the date thev are hired promoted or reclassified B. Tier 2 — Employees Hired Between September 12010 and July 3 2011 21354.4 2.5% at 55 Full Formula 5 21574 4th Level 1959 Survivor 20042 1 Yr Final Compensation 1. Citv pays seven percent (7%) of the normal CaIPERS member contribution employee Pays one percentage point (1%) of the CalPERS member contribution per Resolution 11-063. 2. Effective the first full pay period in July 2015 any individual who has been at the top step of their range for at least 365 days prior to the first full pay period in July 2015 and receives a merit step increase effective the first full pay period in July 2015 per MOU Section 3A, shall pay two percent (2%) of their PERSable compensation toward the CalPERS employer contribution for a total of one percent (I%) of the member contribution and two percent (2%) of the employer contribution All individuals who have been at the top step of their range for fewer than 365 days prior to the first full pay period in July 2015 and receive a merit increase between the first full pay period in July 2015 and the first full pay period in July of 2016 per MOU Section 3A, shall pay two percent (2%) of their PERSable compensation toward the CalPERS emplover contribution effective the date they receive their merit increase for a total of one percent (1%) of the member contribution and two percent (2%) of the employer contribution. Employees hired, promoted or reclassified after July l 2015 covered under this tier, shall pay two percent (2%) of their PERSable compensation toward the CalPERS employer contribution effective the date they are hired promoted or reclassified for a total of one percent (1%) of the member contribution and two percent (2%) of the employer contribution 3. Effective the first full pay period in July 2016 any individual who has been at the top step of their range for at least 365 days prior to the first full pay period in July 2016 and receives a merit step increase effective the first full pay period in July 2016 per MOU Section 3B, shall pay an additional two percent (2%) of their PERSable compensation toward the CaIPERS emplover contribution for a total of one percent (1%) of the member contribution and four percent (4%) of the employer contribution All individuals who have been at the top step of their range for fewer than 365 days prior to the first full pay period in July 2016 and receive a merit increase between the first full pav period in July 2016, and the first full pay period in July of 2017 per MOU Section 313, shall pay an additional two percent (2%) of their PERSable compensation toward the CalPERS emplover contribution effective the date they receive their merit increase for a total of one percent (1%) of the member contribution and four percent (4%) of the emplover contribution Emplovees hired, promoted or reclassified after July 1 2016 covered under this tier, shall pay four percent ON of their PERSable compensation toward the CaIPERS emplover contribution effective the date they are hired promoted or reclassified for a total of one percent (I0/ of the member contribution and four percent (4%) of the emplover contribution. C. Tier 3 —Emplovees Hired on or After July 4 2011 $ 21354 2% O 55 Full Formula 21574 4th Level 1959 Survivor S 20037 3 Yr Final Compensation 1. City pays six percent (6%) of the normal CalPERS member contribution: employee pays one percentage point (I%) of the CaIPERS member contribution per Resolution 11-063. 2. Effective the first full pay period in July 2015 any individual who has been at the top step of their range for at least 365 days prior to the first full pay period in Julv 2015 and receives a merit step increase effective the first full pay period in July 2015 per MOU Section 3A shall pay two percent (2%) of their PERSable compensation toward the CaIPERS emplover contribution for a total of one percent (1%) of the member contribution and two percent (2%) of the emplover contribution All individuals who have been at the top step of their ran(-,e for fewer than 365 days prior to the first full pay period in July 2015, and receive a merit increase between the first full pay period in July 2015 and the first full pay period in July of 2016 per MOU Section 3A, shall pay two percent (2%) of their PERSable compensation toward the CalPERS employer contribution effective the date they receive their merit increase for a total of one percent 0%) of the member contribution and two percent (2%) of the employer contribution. Employees hired, promoted or reclassified atter Ihly 1 2015 covered under this tier, shall pay two percent (2%) of their PERSable compensation toward the CalPERS employer contribution effective the date they are hired promoted or reclassified for a total of one percent (1%) of the member contribution and two percent (2%) of the employer contribution. 3. Effective the first full pay period in July 2016 any individual who has been at the top_ step of their ranee for at least 365 days prior to the first full pay period in July 2017 and receives a merit step increase effective the first full pay period in Julv 2016 per MOU Section 3B, shall pay an additional two percent (2%) of their PERSable compensation toward the CAPERS employer contribution for a total of one percent (1%) of the member contribution and four percent (4%) of the employer contribution All individuals who have been at the top step of their range for fewer than 365 days prior to the first full pav period in July 2016. and receive a merit increase between the first fill pav period in Julv 2016. and the first full pav period in July of 2017 per MOU Section 313shall pav an additional two percent (2%) of their PERSable compensation toward the CalPERS employer contribution effective the date thev receive their merit increase for a total of one percent (1%) of the member contribution and four percent (4%) of the employer contribution Employees hired, promoted or reclassified after .July 1 2016 covered under this tier, shall pav four percent (4%) of their PERSable compensation toward the CalPERS emplover contribution effective the date they are hired promoted or reclassified for a total of one percent 0%) of the member contribution and four percent (4%) of the employer contribution. D. It is understood that all contributions paid by the employee as described in Parts A throuUh C above shall be calculated based upon the full base salary of the employee plus any additional PERSable compensation, and any Employer Paid Member Contributions (EPMC). E. The City pays EPMC for the various "'biers" as outlined above and reports the value of EPMC payments as special compensation The parties agree that to the extent permitted by law, this is special compensation and shall be reported as such pursuant to Title 2 CCR Section 571(a)(1)(F) as Value of Employer-Paid Member Contributions The parties also agree that the Citv has no additional obligation or costs should CalPERS the State or the IRS determine otherwise. The City adopted a resolution providing that all employee CalPERS contributions shall be deducted on a pre-tax basis to the extent permitted by law or IRS regulation All employee payments of the employer share are done pursuant to Government Code Section 20516(8 F. There shall be no sunset date to any provision in Section 28. G. The California Public Employees' Pension Reform Act of 2013 (PEPRA) - As it may from time to time exist, the PEPRA shall in its entirety be given full force and effect. Any provision in the 2014-201-78 MOU which contradicts any provision of the PEPRA shall be deemed null and void, with the contrary PEPRA provision(s) being given full force and effect. Therefore, no provision of PEPRA shall be deemed to impair any provision of the 2014-20178 MOU. PEPRA includes, but is not limited to, the provisions described below: Unit members hired on and after January 1, 2013, deemed to be a"new member'as defined in Government Code § 7522.04, shall individually pay an initial Member CALPERS contribution rate of 50% of the normal cost rate for the Defined Benefit Plan in which said "new member" is enrolled, rounded to the nearest quarter of 1%, or the current contribution rate of similarly situated employees, whichever is greater. Unit members who are "new members" and miscellaneous employees on and after January 1, 2013, shall be enrolled in the 2% @ 62 retirement formula (Govt. Code § 7522.20). Unit members who are "new members" on and after January I. 2013, shall have "final compensation' measured by the highest average annual pensionable compensation earned by the member during a period of at least 36 consecutive months (Section 7522.32.), and their retirement benefits shall be calculated based on "pensionable compensation' (Section 7522.10) rather than "compensation earnable" (Section 20636). H. In addition, the City has adopted the PARS Retirement Enhancement Plan generally described as .5% (one-half percent) at 55 or at 60, depending upon the employee's hire date, for all miscellaneous employees hired on or prior to December 31, 2012. To be eligible, employees must be at least age 56, have ten (10) years of full-time continuous service and retire from the City. This benefit will be paid to qualified retirees in addition to any CalPERS benefits to which they are entitled. SECTION 40: DEFERRED COMPENSATION Effective the first fill pay period in July 2016. the City will match dollar for dollar up to $25 pe month in deferred compensation for any SBPEA covered employee who pays up to $25 into deferred compensation through payroll deductions (Example if an employee puts $25 per month of the pay they earned into deferred compensation then the City will match the amount up to the $25 maximum and pay $25 towards that employee's deferred compensation) Effective the first full pay period in July 2017 the Citv will match dollar for dollar up to $50 per month in deferred compensation for any SBPEA covered employee who pays up to $50 into deferred compensation through payroll deductions SECTION 40 41: ADOP riOv OF MOU This memorandum, between representatives of the City and the San Bernardino Public Employees Association, was adopted on September 17, 2014. SECTION 44- 42: EFFECTIVE DATE The provisions of this memorandum of understanding are effective July 1, 2014 and shall continue for a three four-year period, ending June 30. 2-01-7 2018 For The City of Rancho Cucamonga: For the San Bernardino Public Employee Association: i Gillison Brett Lance City Manager SBPEA Teamsters Local 1932 President 7 i- Date / Dat /�7iG�u� �drf—v Michael Moore SBPEA Teamsters Local 1932 Business Representative _4Z,I Dat E Duly approved and adopted by the City Council at a public meeting this date of f Aune 2015. City Clerk