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04-072 FY 04/05 MOU Terms & Conditions of Employment MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF CLPERTINO AND CUPERTINO CITY EMPLOYEES' ASSOCIATION This agreement, entered into the 19th da}~ of July 2004, between the City of Cupertino, hereinafter referred to as "City", and representatives of the Cupertino City Employees' Association, hereinafter referred to as "Association", pursuant to California Government Code 3500 et seq., and the City Employer -Employee; Relations Policy (Cupertino Municipal Code 2.52.280 et seq.). The Association is the recognized sole and exclusive representative. This agreement represents the full and integrated agreement reached between the parties. SECTION 1: NO DISCRIMINATION City and Association agree they shall no~: discriminate in any way on account of race, color, creed, religion, sex, age, national origin, political affiliation, sexual preference, disability, or for Association activity. SECTION 2: SALARY SCHEDULE Approximate monthly salary ranges as :listed on Attachment A will apply for each classification effective at the beginning of the pay period in which July 19, 2004 occurs. SECTION 3: OUT-OF-CLASSIFICATION PAY Temporary assignment, approved in advan~~e by the department head, to a classification in a higher pay grade shall be compensated at the Step 1 rate of the higher classification, or at a rate five percent greater than that of the regular position, but not more than the maximum step of the higher class, whichever is greater, for the number of hours so assigned. SECTION 4: BILINGUAL PAY DIFFERENTIAL An employee who uses bilingual skills as ~ipproved by his/her supervisor and who passes the required language proficiency test(s) is eligible to receive a 7.5% bilingual pay differential only for the work time during which employee uses bilingual skills. For payroll reporting purposes, the 7.5% bilingual pay differential will be recorded with a 15 minute minimum. SECTION 5: HOURS OF WORK: OVERTIME S.1 Hrnrrs ~f Work T~PfinPC~ Hours worked shall include all time not under the control of the employee whether such hours are worked in the City's work place, or in some other place where the employee is carrying out the duties of the City. The normal work week shall be 40 hours in seven days. 3 S.2 overtime Overtime shall be defined as any work in excess of 40 hours in a seven day work period. Holidays and paid time off shall count toward the accumulation of the work week. Overtime work for the City by an employee shall be authorized in advance by the department head or their designee. In the event of unforeseen circumstances, overtime shall be approved after the work is completed. 5.3 ~ehedules It will be a management responsibility to schedule the hours of work for each employee covered by this agreement. Except in unforeseen circumstances, changes in employee's hours of work will be made after ten days prior notice. S,4 ReSt PP.1'In(1C Each employee shall be granted a rest period of fifteen minutes during each work period of more than three hours duration. No wage deduction shall be made nor time off charged against employees taking authorized rest periods, nor small any rights or overtime be accrued for rest periods not taken. S.S Payment of (overtime All approved overtime work performed by employees shall be paid at the rate of one and one-half (1 1/2) times the normal rate of pay. Work performed on regularly scheduled days off, City Holidays or during an employee's scheduled vacation shall be considered to be overtime and paid accordingly. S.6 C'.mm~ensat~r; Time (off (C'.Tnl At the employee's discretion, compensatory time off maybe granted for overtime worked at the rate of time and one-half for each hour worked in lieu of compensation in cash. Employees who have previously earned compensatory time, shall be allowed to schedule compensatory time off at dates of the employee's selection provided that prior supervisory approval has been obtained. Compensatory time may be accrued up to 80 hours. Any compensatory time earned exceeding 80 hours will be paid in cash at the rate of time and one-half. An employee may exercise his/her option two times each calendar year to convert any/or all accumulated compensatory time to cash. S.7 T.eave A~crnals An employee shall not accrue leave credits (vacation, sick leave) during a pay period if off without pay for more than 40 hours during said. pay period. 4 SECTION 6.1: WORK FURLOUGH During fiscal year 2004/05, all employE~es will take the following five unpaid work furlough days during which City facilities* willl be closed: Monday, October 25, 2001 Monday, November 29, 2(104 Monday, December 27, 2004 Monday, January 31, 200: Monday, February 28, 2005 *The Sports Center, Quinlan Community Center and Blackberry Farm Golf Course will remain open on work furlough days staffed by part-time non-benefited employees. Employees on an alternate work schedule will be required to record 8 hours of leave without pay and one additional hour of vacation, CTO, floating holiday, administrative leave or leave without pay for each of the abovf~ work furlough days. SECTION 6.2: FACILITIES CLOSURE During fiscal year 2004/05, City facilities* will be closed from December 23, 2004 through January 2, 2005. December 27 will bE~ a work furlough day. Employees may use vacation, CTO, floating holiday, administrative leave, or leave without pay for work time (excluding work furlough time) missed during this facilities closure. *The Sports Center, Quinlan Community Center and Blackberry Farm Golf Course may remain open on facilities closure days staffed by part-time non-benefited employees. SECTION 7: P.E.R.S. CONTRIBUTION The City agrees to pay the employee's contribution rate to the Public Employees Retirement System not to exceed 7.0% of applicable salary. The City agrees to pay the employer's contribution rate to the Public Employees Retirement System. SECTION 8: INSURANCE COVERAGE 8.1 Health - M .dical Tncuranre City agrees to pay an amount as set forth hereinfor medical coverage for employee and dependents through the Meyers-Geddes State Employees Medical and Hospital Care Act. For each participating employee, the City shall contrib~zte toward premium cost the following amount per month during the term of this agreement: July 1, 2004 - $682.00 Beginning January 1, 2005 - $714.00 5 Required contribution amounts exceeding; the premium contribution of the City are the responsibility of the employee. In instances when; the premium for the insurance plan selected is less than the city's maximum premium contribution, the difference will be added to the employee's bi-weekly compensation. The City reserves the right of selection and administration as to deferred compensation plan(s). If during the term of this agreement, m~~difications are made to the Federal tax code which would result in any of the medical insurance provided be subject to taxation, the contract will be re-opened for the purposes of adjusting the salary and medical benefits so long as it does not result in an increase or decrease in the total compensation. 8.2 Dental Tnsllran(;P. City agrees to pay $74.47 per month for employees and their dependents. 8.3 T.ife Tnsuran~e City shall provide life insurance and accidental death and dismemberment coverage for each employee in the amount of two and one half times annual salary to a maximum benefit of $250,000. Employees may be eligible to purchase additional life insurance subject to the provisions of the insurance policy. 8.4 T,eng Term T)ic hility Tnsiiranc~ The City shall provide Long Term Dis~ibility (LTD) insurance for employees. LTD income protection coverage shall be up to $7,000 of covered monthly salary. Employees may use sick leave and/or vacation leave to supplement lost salary during the 60 day elimination period. 8.5 Vision (Fare Tnsnr n The City shall provide Vision Care Insurance for employees and their dependents at a cost of $13.74 monthly. SECTION 9: HOLIDAYS 9.1 Fixes] H~liclavs The City shall provide the following fixed paid (8 Hour) holidays for eligible employees covered by this agreement: 1. New Year's Day 2. Martin Luther King Day 3. President's Day 4. Memorial Day 5. Independence Day 6. Labor Day 7. Veteran's Day 8. Thanksgiving Day 9. Day following Thanksgiving 10. Christmas Eve 11. Christmas Day 12. New Year's Eve 6 When a holiday falls on a Saturday, the preceding Friday shall be observed as the non- work day. When a holiday falls on a Sunday, the i-ollowing Monday shall be observed as the non- work day. Nothing contained herein shall preclude; the right of the department head with the approval of the Appointing Authority to reschedule work assignments or hours of work to meet emergency situations and other administrative necessities caused by the observance of a holiday or non-work day or period; provided, however, that all such affected employees are duly compensated for said rescheduled work assignme~its. 9.2 Fl~ati~ HeliclaT In addition to the foregoing paid holidays, eligible employees shall earn 20 hours of holiday leave per year that may be used in incre::ments of no less than one quarter of an hour. Floating holiday leave shall be earned at a rate ~f .77 hours per pay period. Floating holiday leave may be accumulated up to 40 hours. Floating holiday leave shall be taken at the discretion of the employee subject to prior supervisory approval. 9.3 H~liclay PaT In order for an employee to receive his/he;r regular pay for a holiday or designated non- work day, work must be performed on the regular scheduled day before and the regular scheduled day after the holiday or designated non-work day. Employees on vacation, injury leave, approved short term leave of absence, with or without pay, or who submit satisfactory evidence of personal illness shall be considered as working their regulaa• schedule for pay purposes. SECTION 10: TEMPORARY DISABILITY BENEFITS Any employee sustaining an injury arising; out of or in the course of the performance of his/her job and who cannot work at the duties and responsibilities normally assigned to that job is entitled to receive temporary disability as prescribed by State law. 10.1 TT~e of ~i .k T av t~ 4nnn1 ment T mn~ary (nit held) T)isahility Pavment~ Any employee entitled to receive temporary disability payments may elect to supplement such payments with an amount not to exceed that which is the employee's weekly earnings or weekly earning capacity by use of sick leave payments to the extent that such sick leave has been accrued to the employee's account. 10.2 TTse ~f Rick T,eave fir Tndn~trial Tninr>> Medical Ann~intm .ntc An employee who is required to see a physician regarding the injury during regularly scheduled work hours may use sick leave credits i:or appointment(s). If the medical appointment is scheduled during the last hour of the regularly scheduled work day an employee will not be required to use sick leave credits for said appointrrient. The last hour provision shall be limited to one time during any Monday through Friday work period. 7 SECTION 11: VACATION All employees, other than those holding temporary status, whose work assignment is of a recurring nature of not less than a normal work week shall accrue vacation credit. Accrued vacation credits maybe taken with prior supervisory approval. Benefited full-time employees accrue vacation in accordance with the following schedule. Benefited employees who work less than afull-time work schedule accrue vacation in accordance with the following schedule on a pro-rated basis. 0 - 3 Years 3.08 80 Hours 160 Hours 4 - 9 Years 4.62 120 Hours 240 Hours 10 - 14 Years 5.24 136 Hours 272 Hours 15 - 19 Years 6.16 160 Hours 320 Hours 20 + Years 6.77 176 Hours 352 Hours An employee may accrue no more vacation credit than twice the annual rate being earned. Upon termination of employment, unused vacation may not be used to extend the final employment date beyond the annual accrual rate being earned. Represented employees may convert, up t~~ two times per calendar year, unused vacation time for payment subject to the following conditions: 1. The employee must have a minimum of 1~:0 hours of accrued vacation immediately prior to a conversion. 2. Any payment for accrued vacation hours will be subject to taxes as determined by law. 3. Minimum exchange will be one day, maximum exchange will be ten days. All exchanges are irrevocable. 4. A maximum of 80 hours of accrued vacati~~n may be converted for pay during a calendar year. SECTION 12: SICK LEAVE All full time employees, other than those holding temporary status, shall earn eight (8) hours per month sick leave time without limit. on accumulation. Those regular employees working less than full time (at least 20 hours per week) shall earn in one month the number of hours of sick leave they would normally work in one day or the equivalent without limit on accumulation. Sick leave may be utilized due to the employee's personal illness, injury, maternity or sickness or injury to the immediate family. Immediate family is defined as spouse and children. Employees shall, whenever possible, make appointments for medical, dental and similar purposes on non-work hours. If this is not possible, sick leave maybe used for these purposes. 8 With proper notice and approval of the supervisor, sick leave shall be taken in periods of no less than one-half hour increments. 12.1 Sick T,eave C',~nv r~icn 12.2 Sick leave is not vested under California statutory law. 12.3 At the time of termination, the value ofnon-vested hours is converted to an incentive compensation bank equal to the employee's base ]sourly rate at the time of termination. 12.4 If upon retirement an employee has a minimum of 320 non-vested hours, payment shall be made for eighty-five percent (85%) of the value of the incentive compensation bank. 12.5 If upon resignation an employee has a minimum of 320 non-vested hours, payment shall be made for seventy percent (70%) of the va;.ue of the incentive compensation bank. 12.6 Represented employees will have thf; option, subject to approval of the department head, of converting sick leave to vacation leave on a two-to-one basis only if the employee's remaining sick leave balance is 40 hours or more. The maximum allowable exchange will be 96 hours of sick time for 48 hours of vacation leave -per calendar year. The minimum exchange will be 8 hours sick leave for 4 hours of vacation. An employee may convert sick leave in ex~~ess of 320 hours to vacation leave on a one-to- one basis with a maximum of 48 hours and a minimum of 4 hours and may convert up to an additiona132 hours on the basis of one hour of sick leave to 0.7 hour of vacation leave. The conversion of sick leave in excess of 320 hours to vacation leave as described herein is limited to no more than a total of 80 hours per ~~alendar year. As a condition of converting sick leave to vacation, all employees will be required to use at least one-half of the vacation accrued during the previous twelve months. Such conversion, either to exchange sick leave for vacation or vice versa shall be subject to the following conditions: a. All requests to exchange sick leave for vacation time shall be submitted in writing to the department head at least fourteen (14) calendar days in advance of intended vacation utilization. b. The granting of such exchange and subsequent use will be at the discretion of the department head. c. If twelve (12) months have elapsed since approval of the exchange of sick leave for vacation, and the employee ha;~ not been permitted the use of the converted vacation time, (after submitting at least one written request for utilization) the employee will have the right to re-convert the vacation time to sick leave in reverse ratio to the original exchange. This exchange will be allowed only for previously converted sick time to vacation and will not be permitted for regularly accrued vacation time. 9 d. If the employee's vacation accnial exceeds the maximum allowable accrual, he/she will have the option to re-convert vacation time back to sick leave on a reverse ratio basis. Such re-conversion shall be limited to previously converted sick leave/vacation and may not exceed the amount necessary to reduce the accrued vacation to the maximum allowable. Regularly accrued vacation time will not be eligible for this re-conversion to sick leave and any regularly accrued vacation time accrued in excess of the maximum allowable will be disallowed and not subject to utilization by the employee. NOTE: As used in this document, "reverse; ratio" is intended to mean that the ratio of sick leave to vacation will revert to the original ratio at the time the initial exchange was implemented. SECTION 13: SICK LEAVE VERIFICATION A Department Head or supervisor may at their discretion require employees to furnish reasonable acceptable evidence, including a doctor's certificate, to substantiate a request for sick leave if the sick leave exceeds three (3) consecutive workdays. A supervisor may also require a doctor's certificate or other form of verification where leave abuse is suspected. If it appears that an employee is abusing sick leave or is using sick leave excessively, the employee will be counseled that the continued use of sick leave m;~y result in a requirement to furnish a medical certificate for each such subsequent absence for sick leave regardless of duration. Continued abuse of leave or excessive use of sick leave m;~y constitute grounds for discipline up to and including dismissal. SECTION 14: FAMILY LEAVE The City of Cupertino will be in compliance with State and Federal Family Leave laws. SECTION 15: PERSONAL LEAVE The City shall allow accumulated sick leave credits to be used for medical appointments, to care for children or members of the immediate family who because of illness cannot care for themselves, and for medical emergencies. SECTION 16: BEREAVEMENT LEAVE Employees shall be granted paid bereavement leave not to exceed three (3) work days upon the occasion of death of a close relative. Close relatives are defined as mother, father, sister, brother, wife, husband, domestic partner, child, step-child, grandparent, grandchildren, mother- in-law and father-in-law. SECTION 17: MII,ITARY LEAVE Military leave shall be granted in accordance with the provision of State law. All employees entitled to military leave shall give theit• supervisor an opportunity within the limits of military requirements, to determine when such leave shall be taken. 10 SECTION 18: PREGNANCY DISABILITY LE~.VE A pregnant employee is entitled up to four (4) months leave of absence without pay for temporary disability resulting from pregnancy, miscarriage, childbirth or recovery therefrom. Employees shall take unpaid leave of absence dw-ing such leave except that accrued vacation pay and sick leave maybe taken at the option of the employee. As with all other temporary disabilities, a. physician's certificate is required to verify the extent and duration of the temporary disability. An employee who plans to take a pre~~ancy leave must give reasonable notice (if possible, not less than four (4) weeks) before the date she expects to take the leave and the estimated duration of the leave. The City will continue to provide health and welfare benefits consistent with the provisions of Section 6 of this agreement until the employee is released by her physician to return to work or for sixty (60) days, whichever comes first. SECTION 19: ADOPTION LEAVE Upon request, a leave of absence without pay for up to four (4) weeks will be granted to adoptive parents. Accrued vacation pay and sick leave may be taken at the option of the employee during this leave time. The City will pa:y health and welfare benefits at the same rate as prior to the leave. SECTION 20: CATASTROPHIC LEAVE a. The City's Catastrophic Leave Committee will evaluate each individual case when it is submitted to qualify to receive funds. The only limitation is that the employee must be the one facing; the illness. The committee has the right to establish standards for the granti~ig of leave, and ask the applicant to submit further documentation from their physician, and to determine the applicant's eligibility for catastrophic leave. b. All benefited employees who have: passed initial probation with the City will be eligible to receive assistance. An employee does not have to be a contributor to be eligible. c. A recipient must have used all o f their available leave hours before he/she is eligible. d. The minimum time an employee could receive funds would be one week. The maximum amount is two months (I,TD becomes available at this time). e. Vacation hours and compensating time off (CTO) hours are the only leave of absence credits which may be donated. An employee may not donate leave of absence credits which would redu~~e his/her total accrued leave balances to less than 120 hours. Leave credits may be donated in any pay period. All leave donations are irrevocable. f. A leave of absence transfer drive will be held whenever necessary to provide for a minimum catastrophic leave bank balance which is the equivalent of 40 hours. Transfers may be in increments of one hour or more. All donations will be confidential. There will be no selling or coercion of employees to donate. 11 Donated vacation leave hours will be converted to cash and deposited in a time-bank where it will be available for distribution. Interest accruing from the bank shall be credited to the time-bank. Checks will be issued to the recipient with the regular payroll, which will keep them in an active employment mode with the City. This procedure prevents overpayments or corrections since it comes after the actual leave has been taken. (Conversion allows for adjustments for different rates of pay.) No employee shall receive payment for more than 100% of his or her regular pay. An employee or their representative must complete a prescribed application form together with supporting medical documentation to the 13uman Resources Division when applying for funds. SECTION 21: ABSENCE NOTIFICATION An employee is expected not to be absen~: from work for any reason other than personal illness without making prior arrangements with his/her supervisor. Unless prior arrangements are made, an employee who, for any reason, fails to report for work must make a sincere effort to immediately notify his/her supervisor of his/her reason for being absent. If the absence, whether for personal illness or otherwise, is to continue beyond the first day, the employee must notify the supervisor on a daily basis unless otherwise arr~~nged with his/her supervisor. In proper cases, exceptions will be made. Any unauthorized absence of an employee from duty shall be deemed to be an absence without pay and will be grounds for disciplinar,~ action up to and including dismissal by the department head. In the absence of such disciplinary action any employee who absents himself/herselffnr three days or more without authorized leave shall be deemed to have resigned. Such absence may be covered, however, by the department head by a following grant of leave with or without pay when extenuating circumstances are found to have existed. SECTION 22: TRAINING AND TUITION REIMBURSEMENT Tuition reimbursement, as described below, is suspended for fiscal year 2004/05. It is the intent of the City to recognize the value of training to its employees; and to adopt a training policy which will encourage employees to avail themselves of job related educational opportunities that will advance their knowledge acid interests in the direction of their career with the City; and by doing so to improve the Municipal Service. Employees who wish to seek reimbursement from the City for job related training program costs shall provide a written request for reimbursement to the Human Resources Division. The form provided shall include the type of training, sponsoring organization or institution, meeting times and costs. Once a training program has been approved, any employee covered would be eligible for reimbursement for job related training. However, no employee shall receive any reimbursement until they have provided satisfactory proof of successful completion of the training program. 12 SECTION 23: CITY SPONSORED RECREATION PROGRAMS City employees shall have the privilege; of enrollment in City sponsored recreation programs at City residents' fee structure and in preference to non-residents wishing to enroll. Each calendar year, benefited employees are eligible to receive up to $500 toward City of Cupertino recreation services in accordance with the City's Recreation Buck Policies. Part-time benefited employees will have the annual amount prorated based on number of hours worked. Not withstanding the above, recreation bucks shall be reduced from $500 to $300 for calendar year 2005. SECTION 24: DLTE PROCESS In each and every instance involving the issuance of warning notices, suspensions or the dismissal or discharge of an employee, such will not be effectuated without the employee first having been given, in writing the basis for such action being taken and the opportunity to question the reasons therefore of his/her supervisor or department head. Said opportunity shall be as soon as is practical after having been served the written notice and shall not constitute any limitation otherwise available through the grievance or appeal procedures. Any written warning in an employee's file will be removed from the filE; after three years. SECTION 25: LAYOFF PROCEDURE The appointing authority may layoff employee~~ for lack of funds, lack of work or for other similar and just cause. The appointing authority will identify the classification(s) subject to layoff. All classifications and all departments citywide are subject to layoff considerations. Employees in a classification(s) identified for layoff shall be laid off in reverse order of seniority, based on the date of the appointment to the classification. If an employee separates from City employment for a period o~f more than 30 days, the time off from City employment shall be deducted from an employee's length of service for the purpose of determining seniority. Employees being laid off shall be entitled to placement in a lower classification; provided (a) the employee was previously employed with regular status having completed the probationary period in that lower classification and (b) the employee has more total seniority with the City than an individual in the lower classification. Any employee being displaced by an employee opting to be placed in a lower classification shall be entitled to placement in the lower classification, subject to conditions (a) and (b) listed in this section. The City will provide a 30 day notice to any employees identified for layoff and layoff pay in the amount of $1,500 at the time of layoff. Such notice will include the employee's rights to placement in a lower classification pursuant to this section. Medical, dental, vision, and life insurance continue through the end of the month in which the layoff is effective. In addition, the employee will be provided with an opportunity to elect to enroll in COBRA medical, dental, and/or vision coverage at the tune of layoff and at employee expense. 13 The names of the employees affected by layoff shall be placed on a recall list for a period of two years in the reverse order of layoff and shall -have the first opportunity for reinstatement. Failure to respond within ten x;10) business days to a written notice of such opportunity for reinstatement shall cause th:~t name to be removed from the recall list. Such notice shall be sent by certified or registered mail to the address of the employee on file with the City. The affected employees shalll be responsible for updating the City of any change in address during the time they are on the recall list. SECTION 26: REINSTATEMENT The names of employees affected by layoff shall be placed on recall list for a period of two years in the reverse order of layoff and shall have the first opportunity for reinstatement. Failure to respond within ten days to a written notice of such opportunity shall cause that name to be removed from the recall list. With the approval of the Appointing Authority, a regular or probationary employee who has resigned with a good record may be reinstated within twenty-four months of the effective date of resignation to a vacant position in the same or comparable class he/she previously occupied. Upon reinstatement, the employee for a.ll purposes, shall be considered as though they had received an original appointment. SECTION 27: CONTINUATION OF BENEFITS All terms and conditions of employment not otherwise contained herein shall be maintained at the standards in effect at the time of execution. SECTION 28: SEPARABILITY In the event any provision of this agreement is finally held to be illegal by a court of competent jurisdiction or void as being in contr~~vention of any law, rule or regulation of any government agency having jurisdiction over the subject set forth, then the remainder of the agreement shall continue in full force and effect unless the parts so found to be void are held inseparable from the remaining portion of the agreement. SECTION 29: SALARY REVIEW The City agrees to perform a salary and retirement review for one classification at the request of the CEA negotiations team. SECTION 30: RATIFICATION Nothing contained in this memorandum ;hall be binding upon either the City or the Association until it has been ratified by the Association's membership and presented and approved by the City Council of the City. 14 SECTION 2: SALARY SCHEDULE ATTACHMENT A Classification Step 1 Step 2 Step 3 Step 4 Step 5 Account Clerk $3,784.00 $3,973.00 $4,172.00 $4,380.00 $4,599.00 Administrative Clerk $4,011.00 $4,211.00 $4,422.00 $4,643.00 $4,875.00 Assistant Civil Engineer $5,681.00 $5,965.00 $6,263.00 $6,577.00 $6,905.00 Assistant Planner $5,127.00 $5,383.00 $5,652.00 $5,935.00 $6,232.00 Associate Civil Engineer $6,123.00 $6,428.00 $6,750.00 $7,088.00 $7,441.00 Associate Planner $5,525.00 $5,801.00 $6,092.00 $6,396.00 $6,716.00 Building Inspector $5,856.00 $6,149.00 $6,457.00 $6,780.00 $7,119.00 Case Manager $4,102.00 $4,307.00 $4,522.00 $4,748.00 $4,986.00 Code Enforcement Officer $4,739.00 $4,976.00 $5,225.00 $5,487.00 $5,761.00 Engineering Technician $4,831.00 $5,073.00 $5,326.00 $5,593.00 $5,872.00 Environmental Programs Assistant $4,865.00 $5,108.00 $5,363.00 $5,632.00 $5,913.00 Facility Attendant $2,880.00 $3,024.00 $3,175.00 $3,334.00 $3,500.00 Office Assistant $3,204.00 $3,364.00 $3,533.00 $3,709.00 $3,895.00 Media Coordinator $4,309.00 $4,524.00 $4,751.00 $4,989.00 $5,239.00 Pro Shop Attendant $2,739.00 $2,876.00 $3,020.00 $3,171.00 $3,330.00 Public Works Inspector $5,856.00 $6,149.00 $6,457.00 $6,780.00 $7,119.00 Receptionist/Clerk $2,900.00 $3,045.00 $3,197.00 $3,357.00 $3,525.00 Recreation Assistant $2,064.00 $2,167.00 $2,275.00 $2,389.00 $2,509.00 Recreation Coordinator $3,840.00 $4,032.00 $4,234.00 $4,446.00 $4,668.00 Senior Engineering Technician $5,206.00 $5,467.00 $5,740.00 $6,027.00 $6,328.00 Senior Office Assistant $3,558.00 ;$3,736.00 $3,922.00 $4,119.00 $4,324.00 Senior Planner $5,925.00 :$6,221.00 $6,532.00 $6,859.00 $7,202.00 Senior Traffic Technician $5,206.00 ;};5,467.00 $5,740.00 $6,027.00 $6,328.00 Special Programs Coordinator $3,533.00 :63,710.00 $3,895.00 $4,090.00 $4,295.00 Traffic Signal Technician $5,418.00 :65,689.00 $5,974.00 $6,272.00 $6,586.00 Traffic Technician $4,831.00 :15,073.00 $5,326.00 $5,593.00 $5,872.00 17 Sideletter to Section 31: The parties agree that compensation improvements granted to another bargaining unit after the expiration date of this contract (6-30-OS) will not trigger any modification to this agreement. Approval of Amendment to MOU: CITY OF CUPERTINO ~ ~.?~. o~ David W. Knapp Date CITY EMPLOYEES' ASSOCIATION ~c~~~~~G~Y~'~ ~~~~Q~ Diane E. Arrants Date Carol A. Atwood Date -~- 7/~%~ Carol Augustin Date ~-~~ ~~ o ~~~~~~ Sandy Abe Date Reviewed by City Attorney Charles T. Kilian Date Bethany Ebb Date Kimberly Frey ate `7 20 ~ ~ Peter S. Gilli ate 7 ~~ Colin C. Jun ate ~~. 7 ~ Chyle Osborne Date ~~' 1~~~~~ ~ ~ J~ Susan Winslow Date 18 t~~ -6~ RESOLUTION PvO.04-365 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING A MEMORANDUM OF UNDERSTANDING BE'CWEEN THE CITY OF CUPERTINO AND THE CITY EMPLOYEES' ASSOCIATION WHEREAS, meetings have been held over proposals concerning wages, hours, and other terms and conditions of employment between representatives of the City and of the City Employees' Association, the recognized representative of the Miscellaneous Employees Unit; and WHEREAS, the agreement mutually obtained through these meetings has been recorded in a Memorandum of Understanding to be signed by both parties, which memorandum has been submitted to the City Council for approval. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino does hereby adopt the attached Memorandum of Understanding between the City of Cupertino and the City Employees' Association. PASSED AND ADOPTED at a regular meeting; of the City Council of the City of Cupertino this 19"' day of July 2004 by the following vote: VOTE MEMBERS OF THE CITY COUNCIL AYES: James, Kwok, Lowenthal, Sandoval, Wang NOES : None ABSENT: None ABSTAIN: None ATTEST: APPROVED: ~~ (~~~a~ City Clerk Mayor., City of C rtino