HomeMy WebLinkAboutCC RES 78-113RESOLUTION NO. 1.13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, RELATING TO - THE CLAS-
SIFICATION, COMPENSATION AND TERMS OF EM--
PLOYiIENT OF CITY NON -ADMINISTRATIVE AICD
NON -MANAGEMENT GENERAL EMPLOYEES OF THE:
CITY OF TUSTIN.
WHEREAS, the City and employees representatives have been negotiating in
good faith to reach an agreement to provide certain classes of City employees with
changes in employment benefits pursuant to Government Code Section 3500 et,
se .; and
WHEREAS, the City management representatives have met and conferred with
Orange County Employees Association on behalf of the non -administrative and non-
management general employees of City; and
WHEREAS, Orange County Employees Association and City of Tustin have
reached and entered into a Memorandum of Understanding; and
WHEREAS, City Council desires to provide changes in the benefits to the
non-administra -ive and non-rnaria gem en - general employees of the City;
NOW, THEREFORE, the City Council of the City of Tustin, California, does
hereby resolve as follows:
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Position Reclassification: Due
to increased qualifications -for the hereinafter
d::scribed
positions, increased work
loads and increased
job responsibilities, the
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classification adjustments for the hereinafter described
positions shall be as set
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forth
below of ► fictive September 11,
8-
19an_
�@fary Range
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Monthly/ Salary
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#
Class
Seri; s/Classification
Number
1st/Last Step
1535
Assistant Civil Engineer
$1753
$1441-1753
2o,
1745
4780
Account Clerk
Co,mmunlcations Officer
$914
$1131
$
$930-1131
}
1550
Office Coordinator
$1163
$957-1163
2 �.
1765
Records Clerk
$937
$
22
1780
Secretary I
$984
$
23
1777
Secretary II
$1058
11
$870_1058
8760
Maintenance Man I
$1058
$870-1058
24
8750
Maintenance Man 11
$11079
$912-1109
25
8710
Tree Trimmer
$1165
$959-1165
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Section 2.
A. Employee Life Insurance. City shall provide life insurance on the life
of each regular, permdnent, full-time, non -administrative, non -management gen-
eral employee of the City of Tustin and pay full annual premium therefor. The
death benefit of said policy shall be one hundred percent (1009, of the employees'
base annual salary to the nearest multiple of $1,000.00.
B. Medical/Health Benefits. City shall provide a medical f health benefit
program for the benefit of regular, permanent, general employees and thein
dependents, if applicable. City shall contribute to the funding of said program one
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hundred percent (100%) of the contribution for an employee without dependents or
of an employee with dependents who elects not to have said dependents covered,
and shall pay ninety percent (90%) of the contribution toward the funding of said
program of any employee; with dependents whom the employee elects to cover.
The City shall establish provisions in the City health plan permitting future
retirees of the City to continue their participation in the City health plan at their
own 'full cost and in such a manner as to insure that retiree contribution fully fund
that portion of the plan.
The General Leave plan is being revised contemporaneoElsly herewith by
amendments to the Personnel Rules and Regulations of the City of Tustin.
Section 4.
Uniform Allowance. City shall pay the full cost of all maintenance
employees normal uniform service.
Section 5.
Miscellaneous Provisions.
A. Voidance of Inequities. City Administrator may authorize special
adjustments to avoid or eliminate inequities resulting from the strict application of
any provisions of this resolution.
B. Administrative Regulations. The City Administrator is authorized to
issue written administrative personnel regulations designed to augment or clarify
the provisions of this resolution.
Section 6.
Effective Date. All provisions set forth herein shall be effective as to non-
administr alLive and nor -management general employees of the City of Tustin as of
September 11, 1978.
PASSE` AND ADOPTED at a regular meeting of the City Council of the City
of i ustir, ;geld on the 6 ti -1 day of 'I- o v e ber , 19713.
MAYO
ATTEST:
CITY CLERK
STATE OF CALIFORNIA
ss
COUyN�Y OFu O��f�NGE )
RUTH C. POE, City Clerk and ex -official Clerk of the City Council of the
City of Tustin, California, does hereby certify that the whole number of the
members of the City Council of the City Tustin is five; that the above and
foregoing Resolution 1.13 was duly and regularly introduced, read, passed and
adopted at a regular meeting of the City Council held on the 6th day of
;a. yr_, 1978) by the following vote:
AYES: COUNCILMEN: WELSH , SCHUSTER, SHARP; SALTARELLI
KENNEDY
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NOS S: COUNCILMEN: NONE
ABSENT: COUNCILMEN: NONE
JGR:se:D:10/10/78
JGR:se:R:10/17/78
JGR:se:R:.10/23/78
iGL::DE3:R:10/27/78
T/Res/OCEA D:9
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CITY --CLERK �--
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MEMORANDUM OF UNDERSTANDING
N AND ORANGE COUNTY EMPLOYEES ASSOCIATION
)e-� 75-- yy
WHEREAS, the City Council of the City of Tustin has on or about September
19, 1977 and August 15, 1977, adopted Resolutions providing for the payment of
compensation and establishing the terms of employment for the non -administrative
and non -management general employees of the City of Tustin; and
WHEREAS, in accordance with the provisions of the California Government
Code Sections 3500 et seq. and Section 17 of the Personnel Rules & Regulations of
the City of Tustin, the City's employee representatives have met and conferred in
good faith with the representatives of the Orange County Employees Association
pertaining to the subject of wages, benefits and conditions of employment for the
non -administrative and non -management general employees of City; and
WHEREAS, the meetings between Orange County Employees Association and
the City have resulted in an agreement and understanding to recommend that the
employees represented by the Orange County Employees Association accept all
terms and conditions, as set forth herein and that the City Council adopt by
resolution the changes and additions to the wages, hours and conditions of
employment for the non -administrative and non -management general employees of
City.
WITNESSETH
Article 1. City has previously recognized Orange County Employees Assoc-
iation as the majority representative of all non -administrative and non-
management general employees of City for the purpose of representation on issues
Of wages, hours and other terms and conditions of employment. As a majority
representative of said employees, Orange County Employees Association is em-
powered to act on behalf of all non -administrative and non -management general
employees whether or not they are individually members of the Orange County
Employees Association. It is further recognized that any individual employee has a
legal right at any time to represent himself or herself individually in his or her
employee relationship with the City.
Article 2. Cost -of -Living Compensation Increase. If and at such time as it is
legally permissible for City to grant a cost -of -living pay increase to the non-
administrative and non -management general employees of City without being in
conflict with, and/or subject to limitation, prohibition, disability or impediment to
City of any kind or nature whatsoever, including, but not limited to any imped-
iment to City upon any entitlement to share in and/or receive distributions of funds
or other benefits, City shall increase salaries of all non -administrative and non-
management general employees of City by 4.256.
If a percentage salary increase of less than 4.2% becomes permissible, City
shall grant said increase to the extent permitted and the unpaid balance of the
4.2% shall be given as soon as legally permissible.
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Article 3. Medical, Dental and Life Insurance. City agrees that the existing
program for medical, dental and life insurance as presently in effect, having been
amended after appropriate meeting and conferring in June, 1977, will continue and
City will provide and pay one hundred percent (100%) of the individual employee's
total contribution toward the funding of said program. In the event that the
employee has dependents which he choses to have covered, City will pay ninety
percent (90`56) of the total contribution toward funding of said program for the
employee and his dependents.
Article 4. General Leave. General leave shall be granted upon the following
formula:
0-5 years of services - 18 general leave days per year
5 to 10 years of services - 23 general leave days per year
Over 10 years of service - 28 general leave days per year
Article 5. Uniform Allowance. City will pay the full cost of renting and
cleaning the standard issue of maintenance employee uniforms. Additional
uniforms or special services shall be at the employee's option and expense.
Article 6. Compensation Second Year. If and to the extent that it is legally
permissible for City to grant a cost -of -living pay increase to the non-
administrative and non -management general employes of City without being in
conflict with, and/or subject to limitation, prohibition, disability or impediment to
City of any kind or nature whatsoever, including, but not limited to any imped-
iment to City upon any entitlement to share in an receive distributions of funds
or other benefits, City shall increase the compensation of non -administrative and
non -management general employees of City in the amount by the percentage of
such compensation by which the consumer price index, based on the Los Angeles -
Long Beach consumer price index, has increased between May 1, 1978, and May 1,
1979, said increase to be effective July 2, 1979, provided further, however, that if
and to the extent that such a cost -of -living increase is prohibited or restricted as
hereinabove described, in Article 3 and 7, City shall grant to the non-
administrative and non -management general. employees of City additional fringe
benefits or increased fringe benefits of a dollar value equal to the increase in the
consumer price index to the extent that such cost -of -living increase in comp-
ensation has not been granted. The fringe benefits or increases in fringe benefits
to be accorded shall be as determined by discussion and agreement between the
Orange County Employees Association and City to the fullest extent permitted by
law. It is further agreed that in the event that no increase or an increase of less
than the increase in the cost -of -living is not permitted to be granted in the form of
salary and/or fringe benefits, that City will accord such increase or remaining
portion thereof at such time as same may be granted without violation of law or
disability as hereinabove described in Article 3 and Article 7.
Article 7. Provisions of the Personnel Rules & Regulations. The Personnel
Rules & Regulations of City shall be revised as set forth in the Resolution attached
hereto and incorporated herein by this reference.
Article B. Miscellaneous Provisions.
2
A. Avoidance of Inequities. The City Administrator may authorize special
adjustments to avoid or eliminate inequities resulting from the strict application of
1 any provision or provisions of this Resolution.
B. Administrative Regulations. City Administrator is authorized to issue
2 written administrative personnel regulations designed to augment or clarify the
3 provisions of this Resolution.
4 Article 9. Effective Date. All provisions set forth herein shall be effective
as to non -administrative and non -management employees of the City of Tustin as
5 of September 11, 1978.
6 Article 10. The parties agree that the term "employee" whenever used
7 herein, whether singular or plural, means and applies only to those employees of
the City included within the representative unit, represented by Orange County
8 Employees Association and that this memorandum covers only said employees. It is
9 not limited solely to the members of the Orange County Employees Association.
10 Article il. Words used in this memorandum in the singular include the plural,
and the plural include the singular. Words appearing in the male gender include the
11 female gender and the female gender include the male gender.
12 Article 12. If any part of this memorandum is rendered or declared invalid by
13 reason of any existing or subsequently -enacted legislation, governmental regulation
or order of decree of court, the invalidation of such part of this memorandum shall
14 not render invalid the remaining part hereof.
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15 Article 13. This memorandum shall be binding on the successors and assigns
16 of the parties hereto and no provisions, terms or obligations herein contained shall
be affected or changed in any way whatsoever by the consolidation, merger, sale,
17 transfer or assignment of either party hereto.
18 Article 14. This memorandum contains all the terms and conditions agreed to
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between the parties. This memorandum shall be of no force or effect unless or
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until duly adopted, ratified, and agreed to by the City Council of City, or in the
20 I alternative, that the substantive provisions contained herein are adopted by
21 resolution of the City Council.
221 Article 15. This memorandum can be altered or amended only by written
agreement between the parties hereto.
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Article 16. Notices hereunder shall be in writing and if to Orange County
24 Employees Association shall be mailed to Orange County Employees Association, in
25 care of John E. O'Malley, 830 North Ross Street, Santa Ana, California 92701, and
if to City shall be mailed to City Administrator, City of Tustin, 300 Centennial
26 Way, Tustin, California 92680.
27 Article 17. In addition to the provisions otherwise provided herein, the
28 parties expressly understand and agree that City shall not be required to accord
any compensation, fringe or other benefits to employees which are contrary to any
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provisions of State law and/or which will or may result in the limitation disability
30 or restriction upon the right of City to receive funds, share in funds, and/or receive
31 other benefits from the United States of America, State of California or any
subdivision or agency of either of them or any other political subdivision or entity.
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Article 18. This agreement shall be and remain in effect from the date of
execution to and including June 30, 1900.
Article 19. This memorandum shall act as a bar to the raising of the question
of representation during the term of this memorandum, except that the question of
representation may be raised during the period between sixty (60) days and ninety
(90) days prior to the expiration of this memorandum.
/ IN WITNESS WHEREOF, the parties hereto have executed this document this
I- day of 1978.
ATTESTS:
RUTH C. P , City Clerk
CITY OF TUSTIN
B�
DAN BLANKENSHIP
City Administrator
ORANGE COUNTY EMPLOYEES
ASSOCIATION
MOU/OCEA D:9
JGR:se:D:10/10/78
JGR:DB:se:R:10/13/78
JGR:se:R:10/17/78
Mn