CC Resolution No. 05-120
RESOLUTION NO. 05-120
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ADOPTING THE FIRST AMENDMENT TO THE
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CUPERTINO AND THE OPERATING
ENGINEERS LOCAL NO.3
WHEREAS, discussions have been held over proposals concerning wages and other
terms and conditions of employment between representatives of the City and of the Operating
Engineers Local Union No.3, the recognized majority representative of the Public Works Unit;
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino
does hereby adopt the attached First Amendment to the Memorandum of Understanding between
the City of Cupertino and the Operating Engineers Local Union No, 3 this 19th day of July, 2005
by the following:
VOTE
MEMBERS OF THE CITY COUNCIL
AYES:
NOES:
ABSENT:
ABSTAIN:
Kwok, Lowenthal, Sandoval, Wang, James
None
None
None
ATTEST:
~~
City Clerk
FIRST AMENDMENT TO THE
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CUPERTINO AND
OPERATING ENGINEERS LOCAL NO.3, AFL-CIO
DATED JULY 1, 2004 - JUNE 30, 2007
THIS AGREEMENT, entered into as ofJuly 19, 2005 between the official representatives ofthe
City of Cupertino, hereinafter referred to as "City", and the official representatives of the Operating
Engineers Local No, 3, AFL-CIO, hereinafterreferred to as "Union", sets for the agreement resulting
rrom discussions held between the two parties concerning the wages, hours and other terms and
conditions of employment for the employees of the Public Works Unit of the City, for which the
Union is the recognized sole and exclusive representative, This agreement represents the entire and
integrated amendment between the City and the Union and supersedes all prior representations and
agreements, whether written or oral, in the following areas:
SECTION 1 0: COMPENSATION FOR SERVICES
10.1 Salary Range
a. The City agrees to pay a 3% general salary increase effective July 1, 2005 and,effective
July 1,2006, a salary increase equal to the annual increase in the Bay Area Urban
Wage Earner Consumer Price Index between April 2005 and April 2006, with a
minimum increase of 1.5% and a maximum increase of3.0%. OE3 agrees to suspend
the benchmark requirements for the remainder of this contract period.
c. The City agrees to conduct a compensation (salary and retirement only) survey in 2005 for
informational purposes only 2006 & 2097. The following Santa Clara County cities will be
used in the compensation survey:
Campbell
Gilroy
Los Altos
Los Gatos
MiIpitas
Morgan Hill
Mt, View
Palo Alto
San Jose
Santa Clara
Saratoga
Sunnyvale
d. Comparable classifications must be found in at least six (6) cities for a benchmark
classification to be considered.
e, The City efCU Jertine '."ill 3lace in the te 3 sj¡¡ cities in ceffilJeflsatien (salary & retiFement) as
listed by the BlleY ".rea Em 3leyee Relatiens 8efyice ',mere a 3rlieable as ef 95/31/9S IIßd
05/31/9é, using ceffilJarables from Milritas at 37,5 hems/week and Los Gates at Paries &
Maintenllßce Werker Trainee, Ter siR cempenaatien ',,,ill be based on salary and the amoUflt
eaeh sliney city 3I1)'s efthe effilJloyee's retirement contribatien rate. Salary adjllatments will
be made en 97/01/95 and 07/91/9é enlyifthe City efC1I¡Jertine falls beley; the tor six eities
in ceffilJensation as deseFibed herein. The 9S/31/97 survey will be infermational te be used
by the 3arties in negetiatiens fer a sueeessor agreement.
f, .'.flY eempeesatiee aèj\lstmeRt fer a beaehmarlc elassifieatiaa (the twe \lfIèerliaeè
elassifieatiaes belew) te fllaee ia the tefl SÐ: eities will alsa be flreyièad te elassifieatiafls
rølateà te the baeehmark as set ferth bele'll:
Eauiameet MeehllRie
MaiflteaaRee 'H efker 1
MaiRteaaRee Werker II
MaiRt6llaRee Vi erlcer III
Street Lightiag Worker
SECTION 11: PUBLIC EMPLOYEES RETIREMENT CONTRIBUTION
Beginning the first pay period in which July 1, 2004 falls, the City agrees to pay one-half
(50%) of the employee's contribution rate to the Public Employees Retirement System not to exceed
3.5% of applicable salary. The City will pay the employer's contribution of the retirement cost which
is increasing by 6.42% in fiscal year 2004/05,
Beginning the first pay period in which July 1, 2005 falls, the City agrees to pay the fuD
employee contribution rate to the Public Employees Retirement System not to exceed 7% of
applicable salary. The City will pay the employer's contribution ofthe retirement cost which
is increasing by 4.08% in fiscal year 2005/06, and the Ca1PERS increase in 2006/07.
SECTION 15: SICK LEAVE CONVERSION
15.1 Sick Leave is not vested under California statutory law.
15,2 At the time of termination, the value of non-vested hours is converted to an incentive
compensation bank equal to the employee's base hourly rate averaged over the immediate past 60
complete months of employment multiplied by the total number of non-vested hours,
15.31fupon retirement an employee has a minimum of320 non-vested hours, payment shall
be made for eighty-five percent (85%) of the value of the incentive compensation bank.
15.4 Ifupon resignation an employee has a minimum of320 non-vested hours, payment shall
be made for seventy percent (70%) of the value of the incentive compensation bank,
15.4.a If and when CalPERS imposes a requirement on the City to change the current
practice regarding sick leave cash out and service credit for sick leave, then employees shall
have the option of cashing out sick leave in accordance with Section 15 - Sick Leave
Conversion. Any employee who is retiring will have the option of applying any remaining sick
leave to service credit. If an employee is resigning, he/she will not have the option of applying
sick leave hours to service credit.
SECTION 28: TERM
This amendment shall be effectively commencing at 12:01 a,m, July 1, 2005 and ending at
11 :59 p,m, June 30, 2007,
OPERATING ENGINEERS LOCAL
UNION No.3
£/úJ-9Þ~
/,
Bnan W. Gathers
David W. Knapp
¡(ad ¡¿ /J~
Karl¥ Olsen Mfli.- ¡¿ ðL-~W
(711 /~ J (] ():J-IÁ.Jù~
Carol A. Atwood
cm/¡,f!/f
~~
Marc A. LaBrie
::i#
~
Therese Ambrosi Smith
L;to~
Date: ?/~ ~h,~
Date:
ðP¡)03/0J
Date:
Of} /0'3 /OS-