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HomeMy WebLinkAboutCity Council - 6619 RESOLUTION NO. 6619 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE MUNICIPAL EMPLOYEES ASSOCIATION AND THE CITY OF HUNTINGTON BEACH FOR 1994 The City Council of the City of Huntington Beach does resolve as follows: The Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Municipal Employees Association, a copy of which is attached hereto and by referenced made a part hereof, is hereby approved and ordered implemented in accordance with the terms and conditions thereof, and the City Administrator is authorized to execute this Agreement. Such Memorandum of Understanding shall be effective for the term January 1, 1994, through December 31, 1994. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2nd day of Au=st 1994. Mayor ATTEST: APPROVED AS TO FORM; e City Clerk City Attorney REVIEWED AND APPROVED: IN P C City Administrator Dire ni irative Se ces 9'%1G:ResoluLMEA17/19/94 TENTATIVE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE MUNICIPAL EMPLOYEES ASSOCIATION 1. Term (Article 1) - January 1, 1994 through December 31, 1994 2. Salary (Article VI) - The same as that in effect on December 31, 1993, as set out in Exhibit A. 3. Health and Welfare (Article X,A) - Effective January 1, 1994, the maximum payment for medical premiums shall be $544. (Article X, A, 4, c) 4. Medical Plan Changes (Article X, A, 1, b) - Modify the City Health Plan to provide the following changes effective January 1, 1994 or as soon thereafter as practical: a. Elective Outpatient Surgery - "Plan to pay one hundred percent (100%) of covered expenses (anesthesia, outpatient surgery, facility use, surgeon and pre-admission) for PPO providers. Plan to pay seventy percent (70%) of the first $10,000 after the deductible is met for non-PPO providers". b. Nan-PPG's - "Plan will pay ninety percent (90%) for PPO providers and seventy percent (70%) for non- PPO providers of usual, customary and reasonable charges. However, in the event of emergency services, the plan will pay ninety percent (90%) of usual, customary and reasonable charges for non- PPO providers. Emergency services is defined as following: services which are immediately required to treat a sudden, serious and unexpected illness or injury, including services to alleviate severe pain associated with sudden serious and unexpected illness or injury. c. PCS Changes - "Effective July 1, 1994, reduce mail order drug cost from $5 to $4 for generic brand(s) and from $8 to $6 for"brand" names. 5. Dental Plan (Article X, A, 2) - Effective January 1, 1994, the City shall pay dental premiums to a maximum of ninety nine dollars ($99) per month. 6. Optical (Article X, A, 3) - Effective January 1, 1994, the City shall pay optical premiums to a maximum of thirteen dollars ($13) per month at a composite rate. 7. Personnel Rule 8-1 (Article XIII) - The City and Association agree to meet during the term of this agreement on proposed revisions of Personnel Rule 8-1. 8. MOU Change - Health Plan Over-Payments (Article X, D, 5) - Unit members shall be responsible for accurately reporting changes in the status of dependent(s) which affect their eligibility for health plan coverage ninety (90) days after the date of such status change. The City shall use its best efforts to advise all unit members of their obligation to report changes in the status of dependent(s), which affect their eligibility. If an employee fails to report a status change that affects eligibility within ninety (90) days, the City shall have the right to recover any premiums paid by the City, on behalf of ineligible dependents. Recovery of such overpayments shall be made as follows: a). The employee's bimonthly salary warrant shall be reduced by one-half of the amount of the bimonthly overpayment. (e.g., if the overpayment is $150.00 month, the bimonthly contribution would be $75.00. The employee's bimonthly salary payment shall be reduced by $37.50). Such reduction shall continue until the entire amount of the overpayment is recovered. b) The City shall be entitled to recover a maximum of 12 months of premium overpayments. Neither the employee nor the dependent shall be liable to the City other than as provided herein. 6619 9. PIERS Rollover(Article XI, B, 2, c) - "No unit employee shall be allowed to apply for or continue this benefit (PERS pick up, vacation accrual) beyond January 31, 1994." 10. Holiday Pay (article IX, C, 5) - Holiday pay (time and one half)will be compensated for work performed on actual holidays as designated in Article XII, A, 2. 6619 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS Page Preamble 1 ARTICLE I TERM OF MOU 2 ARTICLE II REPRESENTATIONAL UNIT/CLASSIFICATION 2 ARTICLE III MANAGEMENT RIGHTS 2 ARTICLE IV EXISTING CONDITIONS OF EMPLOYMENT 2 ARTICLE V SEVERABILITY 3 ARTICLE VI SALARY SCHEDULE A. Classification and Salary Rates 3 ARTICLE VII SPECIAL PAY A. Education 4 B. Acting Assignments 4 C. Assignment Pay 4 1. Leadworker Differential 4 2. Shift Differential 5 D. Special Certification/Skill Pay 1. Bilingual Skill 5 2. Shorthand Skill 5 3. Plan Checker Senior 5 4. Plan Checker Coordinator 6 5_ Building Inspectors Senior Series 6 ARTICLE VIII UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT A. Uniforms and Safety Shoes B B. Tool Allowance 7 C. Vehicle Use 7 ARTICLE IX HOURS OF WORKIOVERTIME A. Work Schedule 7 1. Hours of Work Study 7 2. Work Periods Under FLSA 7 B. Hours of Work- Defined 7 C. Overtime/Compensatory Time 8 1. Paid Overtime 8 a) Policy 8 b) Rate of Pay 8 2. Compensatory Time 8 a) Exempt Employees 8 3. Callback 8 4. Mandatory Standby 8 5. Holiday Overtime 8 6619 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS Pane ARTICLE X HEALTH AND OTHER INSURANCE BENEFITS A. Health 1. Medical 9 2. Dental 10 3. Optical 10 4. Eligibility Criteria and Cost a. City Paid Medical Insurance - Dependents 11 b. City Paid Dental/Optical Insurance - Dependents 11 c. City Contribution to Medical Insurance 11 d. COBRA 11 B. Life and Accidental Death & Dismemberment 11 C. Long Term Disability Insurance 12 D. Miscellaneous 12 ARTICLE XI RETIREMENT A. Benefits 1. Self-Funded Supplemental Retirement Benefit 13 2. Deferred Comp (Retiree Medical Funding) 13 3. Medical Insurance for Retirees 13 B. PERS Reimbursement& Reporting 1. Employee's Contribution 14 2. "Rollover' 15 ARTICLE XII LEAVE BENEFITS A. Leave with Pay 1_ Vacation 15 a) Accrual 15 b) Eligibility and Permission 15 c) Conversion to Cash 16 1) Cash Advance 16 2. Holidays 16 3. Sick Leave 16 4. Bereavement Leave 16 5. Association Business 17 ARTICLE Xll CITY RULES A. Personnel Rules 17 1. Rule 5 - Recruitment and Selection 17 2, Rule 8 - Termination 17 3. Rule 9 - Probation 18 4. Rule 18 -Attendance and Leaves 18 5. Rule 19 - Grievance Procedure Non-Disciplinary Matters 18 6_ Rule 21 - Grievance Procedures General 19 6619 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS Passe B. Employer-Employee Relations Resolution 20 C. Personnel Rule 8-1 21 ARTICLE XIV MISCELLANEOUS A. Grievance Arbitration 21 B. Promotion Procedures 21 C. Labor-Management Relations Committee 22 D. Copies of MOU 22 E. Position Classification Issues 22 1. Class Specifications 22 2. Reclassification Impact 22 3. Clerical/Secretarial Classification Study 23 4. Building Inspector Classifications 23 F. Class A and B Driver's License Fees 23 G. Job Sharing 23 ARTICLE XV CITY COUNCIL APPROVAL 24 6619 MEMORANDUM OF UNDERSTANDING Between THE CITY OF HUNTINGTON BEACH, CALIFORNIA (hereinafter called CITY) and THE HUNTINGTON BEACH MUNICIPAL EMPLOYEES' ASSOCIATION (hereinafter called ASSOCIATION or MEA) PREAMBLE WHEREAS, pursuant to California law, the CITY, acting by and through its designated representatives, duly appointed by the governing body of said CITY, and the representatives of the ASSOCIATION, a duly recognized employee association, have met and conferred in good faith and have fully communicated and exchanged information concerning wages, hours, and other terms and conditions of employment for the period January 1, 1994 through December 31, 1994; and WHEREAS, except as otherwise expressly provided herein, all terms and conditions of this agreement shall apply to all employees represented by the ASSOCIATION; and WHEREAS, the representatives of the CITY and the ASSOCIATION desire to reduce their agreements to writing, NOW THEREFORE, this Memorandum of Understanding is made to become effective January 1, 1994and it is agreed as follows: i 6619 ARTICLE I - TERM OF MOU A_ This Memorandum of Understanding shall be in effect for a term commencing at 12:01 A.M., January 1, 1994 and ending at midnight on December 31, 1994. B. This Agreement constitutes the entire agreement of the parties with respect to improvements or changes in the salaries and monetary benefits for employees represented by the ASSOCIATION for the duration of this Agreement. ARTICLE II - REPRESENTATIONAL UNITICLASS It is recognized that the ASSOCIATION is the employee organization which has the right to meet and confer in good faith with the CITY on behalf of permanent employees of the CITY within those class titles set out in Exhibit"A" attached hereto and incorporated herein. The term "permanent" employee is used only to determine entitlement to certain benefits provided by this MOU and is defined as follows; an employee that has completed or is in the process of completing a probationary period in a permanent position in the competitive service in which the employee regularly works twenty hours or more per week. Additionally, the representation unit shall include all non-safety, non-management classifications which are created after execution of this agreement and are not included in another representation unit or determined in accordance with the Employer-Employee Relations Resolution to be more appropriately designated as non associated classifications. ARTICLE III - MANAGEMENT RIGHTS Except as expressly abridged or modified herein, the CITY retains all rights, powers and authority with respect to the management and direction of the performance of CITY services and the work forces performing such services, provided that nothing herein shall change the CITY's obligation to meet and confer as to the effects of any such management decision upon wages, hours and terms and conditions of employment or be construed as granting the CITY the right to make unilateral changes in wages, hours and terms and conditions of employment. Such rights include, but are not limited to, consideration of the merits, necessity, level or organization of CITY services, including establishing of work stations, nature of work to be performed, contracting for any work or operation, reasonable employee performance standards, including reasonable work and safety rules and regulations in order to maintain the efficiency and economy desirable for the performance of CITY services. ARTICLE IV - EXISTING CONDITIONS OF EMPLOYMENT Except as expressly provided herein, the adoption of this Memorandum of Understanding shall not change existing benefits, and terms and conditions of employment which have been established in prior Memoranda of Understanding, and/or provided for in the Personnel Rules of the City of Huntington Beach. -2- 6619 ARTICLE V - SEVERABILITY If any article, sub-article, sentence, clause, phrase or portion of this Agreement, or the application thereof to any person, is for any reason held to be invalid or unenforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Agreement or its application to other persons. The CITY and the ASSOCIATION hereby agree that in the event any state or federal legislative, executive or administrative provision purports to nullify or otherwise adversely affect the wages, hours and other terms and conditions of employment contained in this Agreement or similarly purports to restrict the ability of the parties to negotiate a successor agreement, the CITY and the ASSOCIATION shall, without prejudice to either party's judicial remedies, endeavor to agree to alternative contractual provisions which are not adversely affected by said legislative, executive or administrative provision. ARTICLE VI - SALARY SCHEDULE A. Classification and Salary Rates - Permanent employees shall be compensated at monthly salary rates by classification title and salary range as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. _3_ 6619 ARTICLE VII - SPECIAL PAY A. Education 1. Tuition Reimbursement- Education costs shall be paid to permanent employees on the basis of full refund for tuition, fees, books and supplies; provided, however, that maximum reimbursement shall be at the rates currently in effect in the University of California system or the California State Fire Academy. Upon approval of the Department Head and the Deputy City Administrator/Administrative Services, permanent employees may be compensated for actual cost of tuition, books, fees, at accredited educational institutions that charge higher rates than the University of California, if it can be demonstrated by the employee that said educational institution presents the only accredited course or program within a reasonable commuting distance of the employee. Tuition reimbursement shall be limited to job related courses or approved degree objectives and require prior approval by the Department Head and Personnel Director. Refunds shall be made when the employee presents proof to the Deputy City Administrator/Administrative Services that he/she has paid such costs and successfully completed the course. B. Actin Assi nment- If a permanent employee is formally assigned to work in a higher classification on a temporary basis for greater than three (3) consecutive weeks, the employee shall be compensated for all hours worked in the higher classification, in the same manner provided in Article XIVB2. C. Assignment Pav 1. Leadworker Differential -Any permanent employee classified as "Leadworker" shall receive sixteen (16) ranges on the "Universal Salary Schedule"above the highest classification which is assigned to the Leadworker to lead. -4- 6619 2. Shift Differential a. Afternoon Shift- Permanent employees required to work on a regularly assigned shift that occurs between the hours of 4:00 P.M. and midnight, shall be paid a premium equal to five percent (5%) of the employee's base hourly rate for all work performed during said shift. b. Night Shift- Permanent employees required to work on a regularly assigned shift that occurs between midnight and 8:00 A.M. shall be paid a premium equal to ten (10%) percent of the employee's base hourly rate. c. Shifts Defined - Permanent employees will be considered as assigned to the afternoon shift (4:00 P.M. to midnight) or the night shift (midnight to 8:00 A.M.) when five (5) or more hours of their regularly assigned shifts occur in the afternoon or night shift as defined herein. D. Special Certification/Skill Pa 1. Bilingual ual Skill - Permanent employees who are required by their Department Head to use their bilingual abilities as part of their job assignment shall be paid an additional five percent (5%) over their regular monthly salary. Employees who are required by their Department Head to utilize the bilingual skills may be required to be tested and certified by the Personnel Director as to their language proficiency in order to be eligible for said compensation. 2. Shorthand Skill - Employees who have successfully passed a shorthand skills test and who are required to use shorthand regularly in their jobs shall receive additional compensation in the amount of one hundred ($100) dollars per month. Shorthand skill may be required for selected positions classified as Administrative Secretary, Secretary Legal Senior, Secretary Legal, Office Specialist (Typing), Office Assistant II (Typing), Deputy City Clerk It, and Deputy City Clerk 1. Employees who have not passed a shorthand skills test will not be required to use shorthand. 3. Plan Checker Senior a. Plans Examiner 1CBO Certification -Incumbents who have completed their probationary period in the class of Plan Checker Senior who are regularly assigned to the Building Division and who have attained certification as Plans Examiner by I.C.B.O. (International Conference of Building Officials) shall receive additional compensation in the amount of one hundred dollars ($100) per month, provided that active certification is maintained. b. EIT/AA Degree in Engineering - Incumbents in the class of Plan Checker Senior who are regularly assigned to the Building Division and who have successfully completed the State of California examination for Engineer-in-Training or who have obtained an Associate of Arts degree in engineering or equivalent major, -5- 6619 additional compensation in the amount of one hundred fifty dollars ($150) per month. 4. Plan Check Coordinator: a. Plans Examiner/Building Inspector ICBO Certification -Incumbents in the class of Plan Check Coordinator who are regularly assigned to the Building Division and who have attained certification as either a Plans Examiner or a Building Inspector by I.C.B.O. (International Conference of Building Officials) shall receive additional compensation in the amount of one hundred dollars ($100) per month, provided that active certification is maintained. 5. Building Inspectors Senior Series Supplemental IBC Certifications -The City agrees to pay one hundred dollars ($100) per month bonus pay, in addition to the base salary, in compensation for the first I.C.B.O. (International Conference of Building Officials) certificate above that required by the Senior Inspectors minimum qualifications. The City shall offer an additional fifty dollars ($50) per month bonus for a second additional IBC certificate. Participation in the additional bonus program shall be voluntary on the part of the employee. An employee shall be eligible for such bonus only as long as his or her additional IBC certificates are kept current. IBC certificates may be obtained in the following disciplines: Structural, Electrical, Plumbing, Mechanical, Combination and Rehabilitation/Conservation Inspection. ARTICLE VIII - UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT A. Uniforms and Safety Shoes - The City's Uniform and Safety Shoe policy shall be set forth in Exhibit "C", a copy of which is attached hereto and incorporated herein by this reference, provided however, that employees represented by MEA working in the Police Department shall be issued property in accordance with the equipment issue form for the particular position to which they are assigned. Uniform replacement for employees represented by MEA who are assigned to the Police Department shall be as stated in the Police Department Manual of Rules and Regulations. 1. Safety Shoes. Cost. - The CITY shall furnish safety shoes in accordance with the procedures and guidelines as set forth in Exhibit"C", provided however, that the maximum amount to be reimbursed for a pair of safety shoes will not exceed One Hundred twenty-five dollars ($125), effective January 1, 1991; One Hundred thirty- five dollars ($135), effective January 1, 1992; and One Hundred forty-five ($145), effective January 1, 1993. -6- 6619 B. Tool Allowance - Those permanent employees who are required to furnish their own personal tools for use on the job, shall be provided with a tool allowance to offset a portion of the cost for said tools that are lost, stolen or broken when in use on the job. Such allowance shall be $475 per year; payable in January of each year, separate from payroll checks to those employees on active duty. In the event a permanent employee is hired or separates his/her tool allowance for that calendar year shall be prorated on the basis of the total number of months in which he/she was employed on the first working day of the year. It is understood that the employee has the responsibility to exercise care and diligence in preventing the loss, theft and breakage of his or her personal tools. C. Vehicle Use - The CITY Vehicle Use Policy shall be as indicated in the document attached hereto and by this reference incorporated herein as Exhibit"D". ARTICLE IX - HOURS OF WORKIOVERTIME A. Work Schedule 1, Hours of Work Study - The parties agree to continue to study the issue of hours of work during the term of the Agreement through a Joint ASSOCIATION/City Study Committee (with equal number of representatives). Upon approval by the City Administrator, implementation of any alternative hours of work may be accomplished on a city-wide, department-wide or individual work unit basis. Meetings of the Joint Committee may be called by either the Chief ASSOCIATION representative or the Chief City Representative. The City shall notify the ASSOCIATION and employees at least 30 days prior to any modification of alternative schedules of hours of work in order to discuss any modification of alternative schedules of hours of work before they are implemented by the City. 2. Work Periods Under FLSA - It is also understood that the City may establish a work period for each covered employee which meets the requirements of the Act and which will not result in overtime compensation as part of a normal work schedule. B. Hours of Work- Defined 1. Vacation, holidays, sick leave and compensatory time shall be counted as hours worked. -7` 6 619 C. Overt!me/Compensatory Time 1. Paid Overtime a. Pal y- It shall remain the policy of the City that overtime is to be used only as needed or under emergency conditions as approved by the City Administrator. 1) "Fair Labor Standards Act" - The CITY and the ASSOCIATION agree that the employees covered by this agreement, and defined as "non-exempt' employees under the Fair Labor Standards Act, shall be subject to the provisions of the Act as interpreted and administered by regulations of the US Department of Labor. The minimum wage and calculation of overtime compensation shall meet the requirements of the Act. b. Rate of Pay- Permanent employees who work in excess of forty (40) hours per week shall be compensated at the rate of time and one-half the hourly rate exclusive of any other premiums for all hours worked in excess of forty (40) hours in a given payroll week. 2. Compensatory Time a. Exempt Employees - Exempt permanent employees shall have the option of designating up to sixty (60) overtime hours per year to be paid in compensatory time at the time and one-half rate. The scheduling of compensatory time taken shall be approved by the employee's department head or supervisor. Permanent employees in classifications listed in Exhibit"E" attached hereto and incorporated herein by this reference shall be defined as "exempt" employees who are not subject to the provisions of the Fair Labor Standards Act. 3. Callback - The CITY will reimburse permanent employees called back to work a minimum of two (2) hours of pay at the rate of one and one-half time (1 1/2) his or her regularly hourly rate. A supervisor shall notify an employee, in advance, of the need of work overtime. Where overtime is worked as an extension of the work day, it shall not be considered call back. While overtime may be required to be worked, it is the City's policy to discourage the working of overtime, and to provide reasonable notification to an employee should overtime be required. 4. Mandatory Standby - A permanent employee who is placed on standby status by his or her supervisor shall receive four 4 hours straight time a for each twenty-four p ( ) 9 pay Y (24) hour period on such standby status. 5. Holiday Overtime - Permanent employees who are required to work on a legal holiday as designated in Article XII A2, shall be compensated at the rate of time and one-half the hourly rate exclusive of any other premiums for all hours worked on said holiday. Holiday pay (time and one-half) will be compensated for work performed on the actual holidays as designated in Article XII. 6619 ARTICLE X - HEALTH AND OTHER INSURANCE BENEFITS A. Health 1. Medical a. The CITY shall continue to provide group medical benefits to all permanent employees with coverage and other benefits comparable to the group medical plans currently in effect. b. The coverage and benefits provided under the CITY Self-Insured and Self- Administered Indemnity Plan (hereinafter called "the Plan") shall be as provided in the Employee Health Plan Document, attached hereto and by this reference incorporated herein as Exhibit"F". 1) The maximum out-of-pocket expenses for covered expenses under the Employee Health Plan shall be $1,000 per person and $2,000 per family per year after the deductible has been met. 2) The PCS Card co-payments shall be five dollars ($5) per prescription for generic drugs and eight dollars ($S) per prescription for non-generic drugs. The PCS Card prescription dispensing limit shall be thirty-four(34) days per prescription. Mail order per prescription cost of$4 for generic brand and $6 for non-generic prescriptions per 34 day supply. 4) Coverage for In-patient Hospitalization and Major Medical shall be: a) Preferred Provider Organizations (PPG's) - When using Preferred Provider Organizations (PPG's) the Employee Health Plan will pay 90% of the usual, customary and reasonable charges after the deductible is met for In-patient Hospitalization and Major Medical and 100% of the covered expenses after the employee has reached the maximum out-of-pocket expense up to the Plan's aggregate maximum of One Million dollars ($1,000,000). b) Non-Preferred Provider Organizations (Non-PPO's) - When using Non- Preferred Provider Organizations (Non-PPG's), the Employee Health Plan will pay 70% of usual, customary and reasonable charges after the deductible is met for In-Patient Hospitalization and Major Medical and 100% of the covered expenses after the employee has reached the maximum out-of-pocket expense up to the Plan's aggregate maximum of One Million dollars ($1,000,000). However, in the event of emergency -9- 6619 services, the plan will pay 90% of usual, customary and reasonable charges for non-PPO providers. Emergency services are defined as follows: services which are immediately required to treat a sudden, serious and unexpected illness or injury, including services to alleviate severe pain associated with sudden serious and unexpected illness or injury. 2. Dental - The CITY shall provide for each permanent employee at the CITY's expense dental insurance coverage comparable to either Delta-Care (PMi) Group Policy #4002 (Exhibit"G") or Delta Dental Group Policy#4729 (Exhibit"H"). The Delta Plan (#4729) shall include a twenty-five dollar($25) deductible per person, per year. Effective .January 1, 1994, the City shall pay dental premiums to a maximum of ninety nine dollars ($99) per month. 3. Optical - The CITY shall provide a Vision Care Plan for permanent employees and their dependents as described in Exhibit "I" at a maximum composite cost of thirteen dollars ($13) per month, per employee, to be paid by the City. The Optical Plan benefits will provide for one (1) pair of eyeglasses every twelve (12) months, subject to the terms and conditions of the current policy. -10- 6619 4. Eligibility Criteria and Cost a. City Paid Medical Insurance - Dependents - The CITY shall pay for health insurance for qualified dependents, subject to the limitations set forth in Article XA4C, effective the first of the month following the month during which the employee completes one (1) year of full-time continuous service as a permanent employee within the CITY service, except that a permanent part-time employee assigned to a work schedule of less than 2,080 hours, but more than 1,560 hours per year, must complete eighteen (18) months of continuous service, and a permanent part-time employee assigned to a work schedule of less than 1,560 hours, but more than 1,040 hours per year must complete two (2) years of continuous service before the CITY shall make such payments as set forth above. For purposes of determining continuous service, there shall be no accrual of hours for the period of time an employee is on a non-pay status for a complete pay period. A permanent employee is considered to be continuously employed where there has been no separation from CITY service. b. City Paid Dental and Optical Insurance - Dependents - Upon completion of one (1) continuous year of service (as defined in Article XA4 above), the CITY shall pay for dependent dental insurance. Upon completion of one (1) continuous year of service (as defined in Article XA4 above) the City shall pay for dependent vision care insurance. c. CITY'S Contribution to Medical Insurance Premiums - The CITY'S obligation to pay for medical insurance premiums shall be up to a maximum of$544 per month. d. COBRA - permanent employees who terminate their employment with the City and dependents of permanent employees shall have any and all COBRA benefits to which the law entitles there. B_ Life and Accidental Death and Dismemberment- The CITY shall provide for each permanent employee, at CITY's cost, $25,000 of life insurance and $10,000 accidental death and dismemberment insurance. The City shall also provide for the availability of optional supplemental life and accidental death and dismemberment insurance coverage at the employee's cost. -11- 6619 C. Lon4 Term Disability Insurance-The CITY shall provide for each permanent employee at the CITY's expense a long-term disability insurance plan comparable to the Group Disability Insurance Plan in effect on July 5, 1980. Such plan shall be modified, effective November 21, 1988, to provide benefits as outlined in Plan B of Exhibit "J". The parties agree to exclude the first year of job related illness or injury from coverage on condition that the plan provides for a coordination with sick leave, vacations and holidays which is satisfactory to the ASSOCIATION. D. Miscellaneous 1. Nothing in this Article shall be deemed to restrict the CITY's right to change insurance carriers or self-fund should circumstances warrant. CITY shall, however, notify the ASSOCIATION of any proposed change, and allow the ASSOCIATION an opportunity to review any proposed change and make recommendations to the CITY. 2. Nothing in this Article shall be deemed to obligate the CITY to improve the benefits outlined in this Article. 3. When the CITY grants an employee leave without pay for reason of medical disability, the CITY shall maintain the City paid employees' insurance premiums for the time the employee is in a non-pay status for the length of said leave not to exceed twenty-four (24) months. The CITY shall provide timely written notification of employee rights under this Article and the Long Term Disability Plan and will assist the employee in processing LTD claims so that undue delay in receiving LTD payments is avoided. 4. The CITY and the ASSOCIATION agree to establish and participate in a city-wide joint labor and management insurance benefits advisory committee to discuss and study issues relating to insurance benefits available for employees. 5. Health Plan Over-Payments - Unit members shall be responsible for accurately reporting changes in the status of dependent(s) which affect their eligibility for health plan coverage ninety (90) days after the date of such status change. The City shall use its best efforts to advise all unit members of their obligation to report changes in the status of dependent(s), which affect their eligibility. If an employee fails to report a status change that affects eligibility within ninety (90) days, the City shall have the right to recover any premiums paid by the City, on behalf of ineligible dependents. Recovery of such overpayments shall be made as follows: a) The employee's bimonthly salary warrant shall be reduced by one-half of the amount of the bimonthly overpayment (e.g., if the overpayment is $150.00 month, the bimonthly contribution would be $75.00. The employee's bimonthly salary payment shall be reduced by $37.50). Such reduction shall continue until the entire amount of the overpayment is recovered. -12- 6619 b) The City shall be entitled to recover a maximum of 12 months premium overpayments. Neither the employee nor the dependent shall be liable to the City other than as provided herein. ARTICLE XI - RETIREMENT A. Benefits I. Self-Funded-Supplemental Retirement Benefit - In the event a PERS member elects Option #2 (Section 21333) or Option #3 (Section 21334) of the Public Employees' Retirement law, the CITY shall pay the difference between such elected option and the unmodified allowance which the retiree would have received for his or her life alone. This payment shall be made only to the retiree, shall be payable by the CITY during the life of the member, and upon that retiree's death, the CITY's obligation shall cease. The method of funding this benefit shall be the sole discretion of the CITY. This benefit is vested for permanent employees covered by this Agreement (Note: The options provide that the allowance is payable to the retiree until his or her death, and then either the entire allowance [Option #2] or one-half of the allowance [Option #31 is paid to the beneficiary for life.) 2. Deferred Compensation (Retiree Medical Funding) - The CITY and the ASSOCIATION agree to continue the existing funding mechanism whereby permanent employees may set aside funds which, at retirement, may be used for funding their medical insurance premiums. The parties agree to utilize the existing Deferred Compensation Plan as said funding mechanism. Any permanent employee who contributes one dollar ($1.00) or more per pay period to his or her deferred compensation account shall receive an employer contribution to the employee's deferred compensation account in the amount of five dollars and fifty cents ($5.50) per pay period. 3. Medical Insurance for Retirees a. Upon retirement, whether service or disability, each permanent employee shall have the following options in regards to medical insurance under CITY sponsored plans: 1. With no change in benefits, retirees can stay in any of the plans offered by the CITY, at the retiree's own expense, for the maximum time period required by Federal Law (COBRA), or 2. Retirees retiring after approval of this MOU may participate in the Retiree Medical Plan, attached hereto as Exhibit"K", as amended, or either of the HMO plans currently being offered to retirees, based upon the eligibility requirements described in Exhibit K. -13- 6619 b. Retired employees exercising either option pursuant to Article XIA3a above may cause the premiums owed by the retiree to be paid by the CITY out of any available funds due and owing them for unused sick leave benefits upon retirement, as provided in Article XIIA3a; provided, however, that whenever any such retired employee does not have any such available funds with which to cause the premiums to be paid, he or she shall have the opportunity to provide the CITY with sufficient funds to pay the premiums. At retirement, the sick leave hours remaining shall be converted to a dollar figure, as provided in Article XIIA3a, and an estimate shall be provided by the CITY to the retired employee as to the approximate number of months the group insurance can be paid by such sick leave dollars. The CITY shall notify any retired employee whose funds available for unused sick leave benefits are about to be exhausted of such fact in writing by certified mail, return receipt requested, at the retired employee's most recent address of record with the CITY no later than three (3) months prior to the date upon which there will not be sufficient funds to pay premiums. It shall be the individual retiree's responsibility either to insure that there are sufficient sick leave dollars available to pay premiums or to make premium payments at least one (1) month in advance to continue the group insurance in effect. If, following exhaustion of sick leave funds, a retired employee fails to provide the CITY with sufficient additional funds to pay premiums, the CITY shall have the right to notify said retired employee in the manner prescribed above that it intends to cause his or her coverage to be terminated for non-payment of premiums, and the further right to terminate such coverage if such default has not been cured within thirty five (35) days of mailing notice. Any retired employee electing to obtain such medical insurance coverage after retirement shall have the further option to terminate such coverage following the provision of thirty (30) days written notice to the CITY, whereupon any funds due and owing him or her for unused sick leave benefits that have not been exhausted to pay these health insurance premiums shall be paid in a lump sum to the retired employee within thirty (30) days following receipt by the CITY of such notice; provided, however, that once such retired employee elects to terminate such coverage, he or she shall be precluded from securing it at a later date at the group rate. B. Public Employees' Retirement System Reimbursement and Reporting 1. Employee's Contribution - Each permanent employee covered by this Agreement shall be reimbursed an amount equal to seven percent (7%) of the employee's base salary as a pickup of the employee's contribution to the Public Employees' Retirement System. The above PERS pickup is not base salary, but is done pursuant to Section 414(h)(2) of the Internal Revenue Code. -14- 6619 2. "Rollover" - No unit employee shall be allowed to continue the rollover benefit provided by Article X1, 6,2 of the 1991-93 M.Q.U. beyond January 31, 1994. ARTICLE XII - LEAVE BENEFITS A. Leave With Pay 1. Vacation a) Accrual - Permanent employees in CITY service, having an average work week of forty (40) hours, shall accrue annual vacations with pay in accordance with the following: 1) For the first four (4) years of continuous service, vacation time shall be accrued at the rate of 112 hours per year. 2) After four(4) years of continuous service to the completion of nine (9) years of continuous service, vacation shall be accrued at the rate of 136 hours per year. 3) After nine (9) years of continuous service to the completion of fourteen (14) years of continuous service, vacation time shall be accrued at the rate of 160 hours per year. 4) After fourteen (14) years of continuous service, vacation time shall be accrued at the rate of 192 hours per year. 5) The limit on vacation accumulation shall be three hundred twenty (320) hours. b. Eligibility and Permission - No vacation may be taken until an employee completes six (6) months of continuous service. Permanent, part-time employees assigned a work schedule of less than 2,080 hours, but more than 1,560 hours per year, shall receive vacation at three-fourths (3/4) the rate of permanent, full- time employees, and permanent part-time employees assigned a work schedule of less than 1,560 hours, but more than 1,040 hours per year shall receive vacation at one-half(112) the rate of permanent, full-time employee. -15- 6619 c. Conversion to Cash - Once during each fiscal year, each permanent employee shall have the option to convert into a cash payment or deferred compensation up to a total of eighty (80) hours of vacation benefits. The employee shall give two (2) weeks advance notice of his or her desire to exercise such option. 1) Cash Advance- Upon one-week written notification to the Finance Director, each permanent employee shall be entitled to receive his or her earned vacation pay, less deductions, in advance, prior to his or her regularly scheduled annual vacation. Such advancement shall be limited to one (1) during each employee's anniversary year_ 2. Holidays -All permanent employees represented by the Association shall have the following legal holidays with pay: a. New Year's Day b. Martin Luther King Day (third Monday in January) c. Washington's Birthday (third Monday in February) d. Memorial Day (last Monday in May) e. Independence Day (July 4) f. Labor Day (first Monday in September) g. Veteran's Day (November 11) h. Thanksgiving Day (fourth Thursday in November) i. The Friday after Thanksgiving j. Christmas Day (December 25) k. Any day declared by the President of the United States to be a national Holiday or by the Governor of the State of California to be a state holiday and adopted as an employee holiday by the City Council of Huntington Beach. Holidays which fall on Sunday shall be observed the following Monday, and those falling on Saturday shall be observed the preceding Friday. 3. Sick Leave a. Pay-Off at Termination - Upon termination, all permanent employees shall be paid, at their current salary rate, for twenty-five percent (25%) of unused, earned sick leave from 480 hours through 720 hours, and for fifty percent (50%) of all unused, earned sick leave in excess of 720 hours. 4. Bereavement Leave - Permanent employees shall be entitled to bereavement leave not to exceed (3) work shift days in each instance of death in the immediate family. Immediate family is defined as father, mother, sister, brother, spouse, children, stepfather, stepmother, stepsisters, stepbrothers, mother-in-law, father-in-law, brother-in-law, sister-in-law, stepchildren, grandparents, grandchildren, son-in-law, and daughter-in-law. -18 6619 5. Association Business -An allowance of 50 hours per year shall be established for the purpose of allowing duly authorized representatives of the ASSOCIATION to conduct lawful ASSOCIATION activities. ARTICLE XIII - CITY RULES A. Personnel Rules - The City and the ASSOCIATION agree to implement the following rules and accordingly revise the Personnel Rules as described herein: I. Rule 5 - Recruitment and Selection Procedure a) 5-14 - Promotional Exams - Promotional examinations may be conducted whenever, in the opinion of the Personnel Director, after consultation with the department head, the need of the service so requires; provided, however, a promotional examination may not be given unless there are two (2) or more candidates eligible. Only employees who meet the requirements for the vacant position may compete in promotional examinations. Promotional examinations may include any of the selection techniques, or any combination thereof, mentioned in Section 5-13. Additional factors including, but not limited to, performance rating and length of service may be considered. A promotional employment list shall be established after the administration of a promotional examination, and such list shall contain the name(s) of those that passed the examination. b) 5-20 - Duration of Employment Lists - Employment lists shall remain in effect for one (1) year from the date of the last examination, unless sooner exhausted. Promotional lists and entry level employment lists may be extended prior to expiration date by the Personnel Director when requested by the Department Head, for additional periods but in no event shall an employment list remain in effect for more than two (2) years. Names placed on such lists shall be merged with others already on the list in order of scores. 2. Rule 8 - Termination a) 8-3 - Layoff in Accordance with Length of Service - The CITY and the ASSOCIATION agree that the first sentence in Personnel Rule 8-3 shall be modified to read as follows: Layoff shall be made in accordance with the relative length of the last period of continuous service of the employees in the class of layoff, provided, however, that no permanent employee shall be laid off until all temporary, acting and probationary employees in the competitive service holding positions in the same class are first laid off. b) 8-11 - Re-em to ment- With the approval of the Personnel Director, an employee who has resigned in good standing from the competitive service may be reemployed to his/her former position, if vacant, or to a vacant position in the same or a comparable class within one (1) year from date of resignation in accordance with Rule 5-21. If such reemployment commences within ninety days -17 6619 of the effective date of resignation, the employee shall not be considered a new employee for vacation and seniority purposes. 3. Rule 9 - Probation a) 9-5 - Rejection Following Promotion - Any employee rejected during the probationary period following a promotional appointment, shall receive a performance evaluation for the probationary period served and be reinstated to the position from which the employee was promoted unless charges are filed and the employee is discharged. When an employee is returned to his/her former class under the provisions of this Section, the employee shall serve the remainder of any uncompleted probationary period in the former class. 4. Rule 18 -Attendance and Leaves a) 18-8 - Sick Leave - The parties agree to modify Section 18-8(d) of the Personnel Rules to provide: Sick leave may be used for an absence due to illness of the employee's spouse, child, stepchild or parent when the employee's presence is required at home, provided that such absence shall be limited to five (5) days per calendar year. b) 18-19 - Maternity Leave - The CITY and the ASSOCIATION agree to modify the present Personnel Rule 18-19 Maternity Leave to read as follows: "A permanent employee shall be entitled to a leave of absence without pay due to inability to work due to pregnancy. The employee will be entitled to use available sick leave during this period. Said leave must be requested in writing from the Department Head and must include written notification from the employee's physician stating the last day the employee may work and the estimated duration of leave. The employee must obtain written authorization to return to work from the attending physician. Said authorization must be filed with the Department Head and the Personnel Director." c) 18-20 - Leave of Absence without Pay- The CITY and the ASSOCIATION agree that the following sub-paragraph "C" shall be added to Personnel Rule 18-20. Leave of Absence Without Pay: Leave of absence without pay, for medical disability reasons, shall be restricted to six (6) months. 5. Rule 19 - Grievance Procedure Non-Disciplinary Matters a) 19-5 - Grievance Procedure Step 4 - City Administrator- If the grievance is not settled under Step 3, the grievance may be presented to the City Administrator in accordance with the following procedure: Within fifteen (15) days after the time the decision is rendered under Step 3 above, a written statement of the grievance shall be filed with the Personnel Director who shall act as hearing officer and shall set the matter for hearing within fifteen (15) days thereafter and shall cause notice to be -18- 6619 served upon all interested parties. The Personnel Director, or his representative, shall hear the matter de novo and shall make recommended findings, conclusions and decision in the form of a written report and recommendation to the City Administrator within five (5) days following such hearing. The City Administrator may, in his discretion, receive additional evidence or argument by setting the matter for hearing within ten (10) days following his receipt of such report and causing notice of such hearing to be served upon all interested parties. Within five (5) days after receipt of report, or the hearing provided for above, if such hearing is set by the City Administrator, the City Administrator shall make written decision and cause such to be served upon the employee or employee organization and the Personnel Director. Ste 5 - Personnel Board b) Hearing. As soon as practicable thereafter, the Personnel Director shall set the matter for hearing before a hearing officer either selected by mutual consent of the parties or from a list provided by the Personnel Commission. Ratification of the hearing officer selected by mutual consent of the parties, if from a list approved by the Personnel Commission, shall not require separate approval or ratification by the Personnel Commission. The hearing officer shall hear the case and make recommended findings, conclusions and decision in the form of a written report and recommendation to the Personnel Commission. In lieu of the hearing officer process, the Personnel Commission may agree to hear a case directly upon submission of the case by mutual consent of the parties. 6. Rule 21 - Grievance Procedures - General a. Rule 21-7 - Hearing officers - The hearing officer provided for in Rules 19 and 20 shall be from a list provided by the Personnel Commission or one selected by mutual consent of the parties. b. Rule 21-11 - Time. Computation of- The period of time in which any act must occur, as provided in these rules, shall be computed by excluding the first and including the last day of such period, and in the event the last day falls on a Saturday, Sunday or legal holiday, such acts may be accomplished on the next succeeding working day. As used in Rules 19 and 10, all references to days shall be interpreted to mean calendar days. c. Rule 21-12 - Time. Extension of- The City and the employee, or employee organization may, by mutual consent, extend the time period within which an act must occur in the processing of grievances. -19- 6619 B. Employer-Employee Relations Resolution 1. Modification of Section 7 - Decertification and Modification a. The CITY and the ASSOCIATION desire to maintain labor stability within the representational unit to the greatest extent possible, consistent with the employee's right to select the representative of his or her own choosing. For these purposes, the parties agree that this Agreement shall act as a bar to appropriateness of this unit and the selection of the representative of this unit, except during the month of August prior to the expiration of this Agreement. Changes in bargaining unit shall not be effective until expiration of the MOU Except as may be determined by the Personnel Commission pursuant to the procedures outlined below. This provision shall modify and supersede the time limits, where inconsistent, contained in Section 7 of the current Employer- Employee Relations Resolution of the City of Huntington Beach. b. The CITY and the ASSOCIATION have agreed to a procedure whereby the CITY, by and through the Personnel Director, would be entitled to propose a Unit Modification. The ASSOCIATION and the CITY agree to jointly recommend a modification of the City of Huntington Beach Employer-Employee Relations Resolution (Resolution Number 3335) upon the CITY's having completed its obligation to meet and confer on this issue with all other bargaining units. The proposed change to the Employer-Employee Relations Resolution as follows: 7-3. Personnel Director Motion of Unit Modification - The Personnel Director may propose, during the same period for filing a Petition for Decertification, that an established Unit be modified in accordance with the following procedure: 1) The Personnel Director shall give written notice of the proposed Unit Modification of Modifications to all employee organizations that may be affected by the proposed change. Said written notification shall contain the Personnel Director's rationale for the proposed change including all information which justifies the change pursuant to the criteria established in Section 6-5 for Appropriateness of Units. Additionally, the Personnel Director shall provide all affected employee organizations with all correspondence, memoranda, and other documents which relate to any input regarding the Unit Modification which may have been received by the CITY or from affected employees and/or sent by the CITY to affected employees; 2) Following receipt of the Personnel Director's Proposal for Unit Modification any affected employee organization shall be afforded not less than thirty (30) days to receive input from its members regarding the proposed change and to formulate a written and/or oral response to the Motion for Unit Modification to the Personnel Commission; -20- 6619 3) The Personnel Commission shall conduct a noticed Public Hearing regarding the Motion for Unit Modification at which time all affected employee organizations and other interested parties shall be heard. The Personnel Commission shall make a determination regarding the proposed Unit Modification which determination may include a granting of the motion, a denying of the motion, or other appropriate orders relating to the appropriate creation of Bargaining Units. Following the Personnel Commission's determination of the composition of the appropriate Unit or Units, it shall give written notice of such determination to all affected employee organizations; 4) Any party who chooses to appeal from the decision of the Personnel Commission is entitled to appeal in accordance with the provision of Section 14-4 of Resolution Number 3335. C. The City and Association agree to meet during the term of this agreement on proposed revisions of Personnel Rule 8-1. ARTICLE XIV - MISCELLANEOUS A. Grievance Arbitration Alternative-Any grievance as defined and described in Rules 19 and 20 of the CITY Personnel Rules (Resolution No. 3960), shall be settled in accordance with the procedures set forth in said Rules except that the parties to the grievance may, by mutual agreement, submit the grievance to a neutral arbitrator whose decision shall be final and binding on the parties. The arbitrator shall be selected by the parties from listings of and pursuant to the rules of the American Arbitration ASSOCIATION. This procedure, if adopted by the parties, shall be in lieu of Step 5 of Rule 19, or Step 4 of Rule 20, and the fees charged by the arbitrator or hearing officer and court reporter shall be paid by the party which is not the prevailing party. B. Promotional Procedures 1. Tie Scores - When promotions are to be made, and two or more employees are found to be equal as a result of promotional examinations conducted by the CITY, the employee with the greatest length of service with the CITY shall receive the promotion. 2. Salary Upon Promotion - Upon promotion, an employee shall be compensated at the same step in the salary range for his or her new classification, subject to the following provisions: a) Except for the provisions of sub-paragraphs b) and c) below, no employee shall receive greater than a ten percent (10%) increase upon promotion. b) If "A" STEP of the classification upon promotion is greater than 10% increase, the employee shall be compensated at "A" STEP upon promotion. c) If the employee would be eligible for a step increase within 11 months of the date of promotion in his or her classification before promotion, then the Personnel -21- 6619 Director may authorize an increase greater than ten percent (10%) upon promotion. C. Labor-Managgement Relations Committee - The CITY and MEA will institute a Labor- Management Relations Committee as follows: 1. The Association and the Employer recognize that the participation of employees in the formulation and implementation of personnel policies and practices affects their well-being and the efficient administration of the Government. The parties further recognize that the entrance into a formal agreement with each other is but one act of joint participation, and that the success of a labor-management relationship is further assured if a forum is available and used to communicate with each other. The parties therefore, agree to the structure of Labor-Management Relations Committees (LMRC) for the purpose of exchanging information and the discussion of matters of concern or interest to each of them, in the broad area of working conditions, wages and hours. 2. The City of Huntington Beach shall have an LMRC. The formation of this LMRC shall not serve as the basis for reopening the meet and confer process to modify this MOU. 3. The LMRC shall meet monthly. The employer shall be represented by the City Administrator (or designee), the Personnel Director and Department Heads. The Association shall be represented by four representatives at these meetings. 4. The Employer agrees that any meeting conducted under this article shall be conducted in facilities furnished by the Employer, and Association representatives shall be released from their duties to attend the LMRC. b. The parties shall exchange agenda items five workdays before each scheduled LMRC meeting described in this section. Matters not on the agenda may be discussed by mutual consent. If either party timely forwards an agenda, the meeting will be held. D. Copies of MOU - The City agrees to print this Memorandum of Understanding, except for Exhibit"E" for each employee requesting a copy. E. Position Classification Issues 1. Class Specifications - The CITY shall send the ASSOCIATION a copy of each new job description approved for classifications within the representation unit. 2. Reclassification Impact- It is not the intention of the City to demote or layoff an employee through reclassification. Prior to imposing a Y-rating, or layoff resulting from classification reviews, the City agrees to meet and confer with ASSOCIATION representatives. -22- 6 619 3. Clerical/Secretarial Classification Stud a. Effective May 17, 1990, the positions and their current incumbents as set forth herein, will be "grandfathered" into their current classifications until the position becomes vacant. De artment Classification Incumbent Administrative Svcs_ Secretary Typist Goldstein, M. Community Development Secretary Typist Stice, S. Public Works Construction Permit Aide Kinum, I. b. Management retains the right to transfer the employees in the three (3) "grandfathered" positions without loss of pay. c. Management retains the right to recommend reclassification upward or laterally of any of these three (3) "grandfathered" positions. No examination shall be required to reclassify upward any of these three "grandfathered" positions. d. The Association agrees not to file a grievance on behalf of any employee using the above "grandfathered" positions as justification to demonstrate higher level duties in order to obtain an upgrade in classification or salary. In no way does this section prevent or limit any employee from filing a classification grievance except as described above. 4. Building Ins ector Classifications - Effective May 17 1990: a. The City of Huntington Beach will provide the Structural Inspectors, Structural Inspectors Senior, Electrical Inspectors, Electrical Inspectors Senior, Plumbing and Mechanical Inspectors and Plumbing and Mechanical Inspectors Senior with on the job training for land use inspection. b. The Inspectors and MEA agree that land use inspection duties, in conjunction with new construction, shall be added to the existing job descriptions. c. MEA agrees to abandon the building inspectors salary parity grievance in its entirety, including any claim for retroactivity. F. Class A and B Driver's License Fees - The CITY shall reimburse employee's for costs associated with obtaining and renewing Class A and Class B driver's licenses where required by the CITY for the position. G. Job Sharing - The CITY shall direct the Labor/Management Relations Committee (LMRC) to review the feasibility of developing and implementing a Job Sharing Program. -23- 6619 ARTICLE XV- CITY COUNCIL APPROVAL It is the intent of CITY and ASSOCIATION that this Memorandum of Understanding represents an "Agreement" between the undersigned within the meaning of Section 8-2 of the Huntington Beach Employer-Employee Relations Resolution; however, this Memorandum of Understanding is of no force or effect whatsoever unless adopted by resolution of the City Council of the City of Huntington Beach. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this 20 day of July , 1994 HUNTINGTON BEACH CITY OF HUNTINGT EACH MUNICIPAL EMPLOYEES' ASSOCIATION y Bye,-� t`7 ael T. Uberuaga Tom Hasty City Administrator (� H EA Pre ' ent By L.. By William H. Osness Don Bryant 11) Personnel Director HBMEA Bargaining Committee Laura Nelson HBMEA Bargaining Committee ByC4? , Priscilla Parker HBMEA Bargai ing Committee �By , Tim DUPuls HBMEA Bargaining Committee By R�-APPROVED AS AS TO FORM: Betty Walker MEA Bar aining Committee By By Gail Hutton rd A. Brown City Attorney HBMEA Staff Representative -24- b619 M EA LIST OF MQU EXHIBITS EXHIBITS SUBJECT A Class/Salary Schedule B Uniform Policy C Vehicle Use Policy D FLSA Exempt Classes E Employee Health Plan F Delta Care/PMI - Dental Plan G Delta Dental - Dental Plan H Safeguard Dental I Vision Service Plan J Long Term Disability Plan K Retiree Medical Plan and Subsidy Program 6619 MUNICIPAL El.TLC -� " AS_50CIATICN Exhibit "A" CLASS IFICATICNISALNRY SC=ULE Effective January 1, 1994 J03 �3DE JOS TITLE JOB RN6 STEP A STEP B STEP C STEP D STEP E. * w : MISCELLANEOUS EMPLOYEE ASSN 1641 ACCDUNTANT 427 03131 03356 03539 03734 03939 1640 ACCOUNTANT SR 457 33692 03895 04110 04335 +04574 6-11 ACCOUNTING TECH II 346 02122 02238 02361 02491 02623 6012 ACCOUNTING TECH III 366 92345 02473 02610 02754 02905 5513 ACCOUNTING TECH Iv 386 02591 02733 02534 03344 03212 5643 ADMI4 AIDE 342 02669 02817 02971 33134, 03305 6614 ADMIN SECRETARY 372 02416 02550 02690 02837 02993 6621 ART EDUCATION COORD 386 02591 02733 02884 03044 03212 7649 AUTOMATED IRRG 4XR 392 32669 02n,17 32971 03134 03335 7571 AV C90RDINATOR 331 02551 D2669 02817 02?71 03134 3667 AV AEDIA SPEC 331 02531 02669 02317 029411 03134 3621 OLDS SAINT kSST 423 03113 03290 J3473 J3661 03562 3634 SLDG MAINT SVC WKR 331 DZS31 . 02669 32817 02971 03134 3629 SLDG *TAINT TECH 445 03477 D3663 03869 04082 04307 752E BLOCK MASONRY WKR 403 02891 03D51 03219 03396 03553 1644 BUTER 434 03293 03474 03664 03365 04079 `545 JYER ASSISTANT J41 D2531 02669 72S17 D2971 03134 5694 CAD SPECIALIST 472 03980 04198 04429 04673 04930 76Z3 CARPENTER 403 32891 03051 03219 03396 03583 3613 CARPENTER TRAINEE 375 32454 :12590 32732 D2833 03340 7651 CHEMICAL APPLICATOR 392 02669 D2817 02971 03134 03305 1531 CIVIL E.NG`:G ASST 411 03's57 34176 3'44J6 04649 04905 1635 CIVIL E`.GUG JjNl3R 445 33477 03663 Cr335? '4732 04307 3 63 3 CIVILIAN CHI{ IfidEST 368 02368 02493 02635 32780 02933 3654 CLAIMS EXAMINER 361 022$E 02415 0254S f"253E C2336 3653 CLAIMS EXAMINER SR 443 03444 03633 03832 04744 04266 353° COD--- SNFORCFM_?,T T2 392 J266? 02317 J2971 J3134 0330 16s:7 CODE fNFORCm OFC SR 445 33477 03663 03369 04032 043D7 3535 i13, ENFORCM TRN-Y 4J9 .33377 03552 33753 03964 04183 3i34 C3D(_ ENF3aCM'iT 3FF2 434 332 J2.93 034'= 035b» .137 55 _;7 rJ I� T=r-4 ASST JJJ 32233 12356 J24so 23 027O5 7614 COMM TECHNICIAN 423 03118 0329.3 03470 03661 03862 5523 1TT CTR L3R 333 32517 j2555 02301 02955 0311E 35>1 CJWPUTEit DRAFT TEC-1 45555 03657 03853 34373 34Z93 04529 'SL7 C MP 7 OJT ��=7A T'R 76Y 72373 � �.:J 2�4 JDLf3r' JY 4,7 3653 C0 ill PUTER OPR ASST 373 02493 02629 02773 02a26 93087 3651 C�A?UIEil JPR c3ox0 411 � IJ2935 03096 03266 03446 03635 35:2a C "'CUTER ,]PR SY 337 02505 32747 2?33 031�59 153227 3551 C?"P'JTER DPR SUPVR 455 33557 03358 J4073 ,4293 04529 7629 C04CRETE FINISH? R 472 ^2S'J; 12?52 J3135 97_97 03479 ?527 C34ST3 7 `SAINT iKR 413 02354 D3127 w3299 :)3431 03671 !,5?J CSN5TR PERMIT AIDE 355 J2222 32345 J2473 J26J9 02753 55SS COO T LIAISON CLERY, 3368 02363 02493 02535 UG780 02933 3616 CRIPc ANALYST 381 02531 32569 02317 D2971 03134 �035 C?IlIE ANALYST SR 457 :)3531 04394 .,4319 C;4551 L4duo i09 CRI"-INALIST 441 03411 0359P, 03796 74J.74 04224 iG5 CRIN14ALIST SENIOR 4W1 04153 04392 04633 D4588 05157 6619 ClA.5SIFFCATION/SALARY SCHEDULE Effective Jamary 1, 1994 135 C76E JOB TITLE dQ8 RNG STEP k v-STEEP B- STEP C STEP D STEP E 3545 C R S CNYCf CVfL SPEC 434 03293 03474 03664 - 03855 - 04079 2531 C ROLDR BEACH MAINT 450 03555 03761 03968 04136 04417 2573 5RWLDR 3L7S MAINT 455 03657 03E53 C4070 04273Y 04529 2673 [RWLDR ELEC MAINT 455 03657 03858 04070 04P3 04529 25_88 ORNLDR IIRIGkTION 450 03565 03761 03968 04116 04417 2672 CRJLDR K-ECH MAINT 455 Gi657 03858 04070 04243 04529 2671 C R'.L�R PAINTINS 455 C3657 03853 04370 04293 04529 25°5 tv'JL?4 OaPK "RI."T 450 03555 C3751 03968 04135 '4417 2687 CRWLDR PEST ADVISER 450 03565 03761 03963 04156 04417 2677 CRWLDR SIVER MAINT 450 03565 43761 03968 04136 04417 2676 CRWLDR STREET LDSCP 450 03565 03761 03968 04136 04417 26a2 CRJLJ;2 STRFEr KAINT 450 33555 03761 03968 04136 04417 2575 CRWL�R STREET TREES 450 05555 C3751 03963 04136 04417 2i33 CR4LDR TRAFFIC 455 33657 0335,3 04070 342�3 0452; 2669 CRYLDR TRAFFIC SGWL 455 03657 03858 04070 04293 04529 2684 CRILDR 'lof1TER DISTR 450 03565 03761 03968 .34186 04417 2573 CRWLDR 4ATER OPRS 450 03565 03761 03968 04136 04417 26FS CRWLDR WATER PROD 450 03565 03761 039613 94186 04417 5524 CULTURAL AFFR SUP1R 418 G3+042 03208 03385 03571 03767 652s CUl-TJQAL SVCS AIDE 3A5 11' 571 C2733 02884 0334C. 03212 6607 CUST SVC REP° 345 02122 02239 OZ361 02491 02628 6613 CUST SAC REP SENIOR 366 02345 02473 02610 02754 02905 6517 CUST SVC REP/CRSUR 326 !!1922 02023 02139 0?257 02382 E543 CUST 5YC REP/ FIELD 365 ?2335 02453 C2598 02740 02 83 1 651? CUST SVC SU] ERVISQR 3S6 2541 G2733 02-184 03,344 D3212 8555 CUSTODIAN 340 02059 02172 02291 02418 02551 25 2 TPUTY CITT CLC I 35� C2267 02392 -,2524 02652 .02308 2504- DEPUTT CITY-CLC II 408 028a1 03051 03219 03396 03583 _ 2503 DEPUTY CITY TREES 386 02591 02733 02854 03044 03212 2627 ORVELOPMEINT S°EC 445 73477 03663 03369 04,382 04307 5541 E BJCATI OV. SPEC 386 02 571 02733 02 384 03344, 03212 S545 ELECTRICAL HL Pa—TRF 392 r�7669 02817 02971 03134 ' 3305 8544 ELECTRICAL RZPR WKR 392 32669 02817 02971 03134 33305 7522 ELECTRICI.A4 423 03111 032170 '33 47 1 03661 0386? 7517_ ELFCTRICIA14 TRAF SG 423 03118 03293 03470 03661_ _ 03862 355P E"£RSEHCI' SVC CODRD 418 03042 03208 03385 03571 03767 3527 ENGI,Z_RIE,i AIDE 402 C2d03 ;02952 031Z5 732�7 ;347? 'S'2 �NSINE':RIM5 T_C i 455 03557 0335r 04070 4c73 4527 7555 °01)IP MAINT SPEC 434 03243 03474 03664 03855 04079 7544 EJUIP OP=3xT:R 392 32659 -32817 02971 03134 03305 7543 E20IP OPR HEAVY 403 02391 03 05 1 03219 03396 73533 7�LS = :'J1"' 3a3 T?AFFIC 392 J2559 02817 02971 33134 )3 30 5 85117 EQUIP SUD?ORT ASST 387 02 63 5 02749 C2900 03059 -13227 8513 =QUIP SU'PORT C04RQ 436 03326 03510 03702 03005 34120 6522 EXHI3IT1J4S COORO Sob 122591 02733 02884 03044 03212 °533 FACILITY "AI�T WKR 370 D2392 02524 02662 U2838 22762 6503 FIRE DRTR C3]1)/RMS 369 02378 02508 02647 02792 02947 5543 FIRE EJUCATI9N SPEC 416 M0 9 03175 03351 03534 33728 3602 FoREtiSIC SP,C 433 03274 03455 03645 73?46 54053 6619 .....,I4:r:iL %•:r:�;,itat.5' rSSGC3-kT'101d CLASSIFICATION/SALARY SCHEDULE Effective January 1, 1994 J08 COD"r i J03 (iTLE J03 RNG STEP A STEP 8 STEP C STEP 0 STEP E f _----- i - -- --- - — ------ ---- - - 55'7 PROPERTY OFFICER SR 402 02838 02952 03125 032a7 03470 2574 PUBLIC WIKS IHSP EL 455 03657 03858 04070 04273 0452g 350E r UACAASi4n TECH 345 OZ139 02226 02349 02477 02614 15cc REAL `ST4TS n;E„T 469 03747 0Z054 04171) ^_4349 04642 55c1 first PRO-IERTY AST 381 02531 02669 42317 ?2971 03134 5535 RECREAT1)4 '_DR SR 413 02954 03127 03299 03431 03671 6533 5ECRET1Rt LESALl 376 02467 02602 02746 02896 03056 6534 SECRETARY LEGAL SR 3S5 02531 02723 02872 03030 33 19 6 6537 SEC RET4Rt' LE'iALL TYP 365 02335 Tl2453 02598 02740 02891 6535 SECRETARY' TY313T 346 0?12 2 -62233 02361 02491 OZ6Z8 656) SERVICE 3FCR—L49 365 02335 02463 0259$ OZ740 028QI 553D sERVICE )FCR/ 4LARM 402 (32833 (J2962 M125 '33207 031.79 5531 SERVICE )FCR/FIELD 402 02808 02962 G3125 03277 03479 5532 SERV;C= )F=_'ER 402 D?875 02962 03125 03297 03479 3544- SERVICE REP 365 02335 02463 0Z598 02740 02891 7545 SERVICEVORKER 387 DZ605 C2749 02900 33059 03227 6504 SHI FT' SU?ERJISOR 378 02493 02629 02773 02926 03087 75t3 SI5'4 SAO:' TE:14 412 22947 03117 n3281 03451 03652 5672 SOCIAL W)RKER 380 02 51 7 02655 02801 02955 03118 5573 SOCIAL ,')RKER ASST 339 "%C51 32163 t12233 02493 02 53 9 ?525 STOCK CLERK 355 02222 02345 02473 02639 02753 8524 STOREKEVER 387 02605 02749 02900 03059 03227 3535 S'I:tV;Y "k R T Y CH_FF 455 ^.T657 03a5° C4070 04293 T4529 3637 SUaVEY)R 413 103042 03208 03385 33571 03767 7s5(15 SURVEY3R 4I)_ 402 n? 838 02062 03125 032?7 03479 3657 TELECO14M AIDE 418 03042 03208 03385 03571 03767 3555 TELECZ+KM ASST 454 33324 34033 L4255 04434 04735 7532 TELEMETRY' 14ST TECH 4Z0 03073 03241 C3420 03637 03505 8529 TIRE S=RVTCS 'oQRKER 381 0?53 1 02669 02817 02971 03134 S533 TRAFFIC "41%1T . 40RKR 381 02 53 1 02669 N817 02971 03134 3633 TRAFFIC TEC441CIA+4 455 03657 0385E C'40+70 04P3 C4529 75547 _ Tom= TRI':'EX AErikL 3y2 _ ?65� C?2c17 C2 97 1 73134 733C5 7641 VEHICLE 33DY REPAIR � �408 028?1 03051 03219 03376 03583� 7575 v_ ICL= 33DY SH^P 435 C3326 03510 02 70 2 03935 04120 2!12 VI^E3 S43i ICE R 5U?V 455 13657 03853 Z4[)79 042a3 34529 55% VILU4T_El SVCS CORD 361 02238 O'415 CZ548 02638 02R36 5.5Z3 v'ARE4OJS:4E PE 402 028)3 02962 03125 03297 03479 7647 „ gTG3 'IT- RPR .:KR 1c7 022635 02749 1)2•D0 C'3'059 3322' 2597 4ATER QU4LITY COORD 450 03555 03761 03768 04136 04417 3545 dATER ZU4LITY T_C.4 424 03132 03334 03436 03678 G3381 7567 -1ATER SYS T-CH 1 387 02635 027(,9 02900 03059 03227 75E.3 . AT ER 3 Y i TECA iI 41J J27G� 02933 03094 03254 :?44. 766? 9ATER SY5 T_CJ-1 III 42! 03073 03241 03420 03617 038u5 3593 jORO PR3: C))RD 412 0?947 03110 03281 03451 03652 !�- -- 5E5 :^RD P30C STS 45ST�--- - - -- 337 C2531 02659 02817 02971 53i3 --- 5584 VORD PRGC=SS3R SR 345 02139 02226 C2349 02477 02614 6619 EXHIBIT "B" UNIFORM POLICY A. General - The City, in accordance with agreements now established, shall furnish uniforms to those personnel designated by the various department heads as required to wear a standard uniform for appearance, uniformity and public recognition purposes, in the procedures and guidelines set forth hereinafter. B. Affected Personnel -All employees categorized as field working assignees shall wear a standard City adopted uniform. Color selection is a light blue shirt and dark blue trousers with appurtenances as described below. Each Department Head shall determine which group of employees must wear a uniform. C. Basic Uniform Components and Standard Allowances: 1. Black safety toe shoes or boots as each assignment dictates. a) Two pair per year. b) Boots will be black, heavy duty and laced. c) Damaged shoes shall be turned into operating supervisor who shall authorize replacement or repair. 2. Five short-sleeved shirts (light blue) the first year, three the second year, and then alternate five uniforms with three uniforms in subsequent years. 3. Five trousers per year (dark blue) the first year, three the second year and then alternate five trousers with three trousers in subsequent years; trousers are to have no cuffs. 4. Dark blue jacket with removable liner, one per year. 5. Four City departmental patches. 6. Absolutely no allowance will be made for socks, underwear, etc. 7. Hard hats, foul weather gear, and steel-toed rubber boots to be furnished each employee with supervisor designated need. 8. Special hazard gloves shall be furnished with supervisor designated need. 9. Safety glasses and face shields shall be furnished with supervisor designated need. 10. Special uniforms shall be furnished. 11. Ear protectors, arm and shin guards, steel shoe caps, wood heat resistant soles, and other safety regulated equipment shall be furnished to supervisor designated employees. 12. R-1 safety vests shall be furnished all employees having occasion to work within travelways. 6619 EXHIBIT "B" (Continued) D. Employee Responsibilities: 1. To wear complete uniforms at all times. 2. To wear clean uniform. 3. To wash and provide minimum repair; i.e., buttons, small tears, etc. 4. To provide any alterations necessary including sewing on of City patches. 5. To not wear for other than City duties or work. 6. To notify supervisor of need to replace due to disrepair or severe staining producing an undesirable appearance. 7. To turn in all patches upon termination prior to receiving final check. 8. To turn in all uniforms upon termination. 9. To turn in all safety equipment upon termination. 10. To wear all safety equipment prescribed by the City safety officer and supervisor of the division. E. City Responsibilities: 1. To furnish funding for the agreed to uniform allowances. 2. To allow department heads to authorize additions to the basic allowances due to severity of work assignments and frequency of wearing out. 3_ To provide and maintain one or more retail clothing outlets for the various allotments. City reserves the right to name vendor. 4. To make arrangements for the standard allotments to be of first line quality work clothing. 5. To maintain records of purchases. Forms for uniform requests will be provided by the Director of Finance. 6. To establish an expedient procedure for reimbursement to employees for uniforms purchased by employees. F. Department Head Responsibilities: 1. To direct and assure employee compliance with attire rules. 2. To inspect clothing requested to be replaced. 6619 EXHIBIT "B" (Continued) 3. To determine wear frequencies for employees having needs additional to basic allotment. 4. To insist on replacements of deteriorated clothing with special attention to safety equipment and apparel. 5. To enforce q disciplinary program for repeated violations of employee regulations relative to cleanliness, uniform attire, or safety requirements. 6. To demand and confirm receipt of turn in required equipment upon termination. G. Purchases and Exceptions: 1. Clothing shall be purchased at only those outlets as directed by City, unless prior approval is obtained due to size, out of stock, or special type of clothing problems which exist. 2. Shoes or boots shall be purchased through standard outlets designated unless last creates discomfort or injury risk. 3. Safety glasses must be purchased only through designated outlet for City specified amount of dollars, with employee paying the cost for the examination by a private optometrist to obtain a prescription and cost of cosmetic lenses and frames. 4. All safety and foul weather gear shall be purchased by the City. 5. Uniform appearance: a) Patch to be worn above left shirt or jacket pocket. b) Pants to have no cuff. c) Worn with pride in appearance to public; i.e., shirt buttoned, shirt tail tucked in, etc. 6. Exceptions at discretion of Department Heads: a) Supervisors need not wear uniform; however, in so electing, must pay for their own clothing. b) Employees who have foot deformities or conditions which do not allow wearing of safety-toed shoes shall wear external caps affording equal protection. c) Additional patches shall be furnished to equip the special clothing over the basic allotments. 7. Disposition of Turned in Clothing - The City shall determine a procedure as to disposition of turned in clothing. 6619 EXHIBIT "C" VEHICLE USE POLICY SECTION 1: PURPOSE The purpose of these regulations is to establish and implement City policies and procedures relative to the assignment, utilization and control of City-owned vehicles as transportation for employees who engaged in official City business, to establish reimbursement procedures for privately-owned vehicles used for City business and to clarify the City's responsibility for damage and/or liability for private vehicles used on official City business. SECTION 2: SCOPE These regulations cover the use of City and private vehicles for conducting official City business and shall be applicable to all City departments and employees. SECTION 3: POLICIES When necessary during the course of an employee's official duties, transportation or reimbursement therefor shall be provided by the City. In the event no City vehicle is available, the employee may use the personal vehicle with the approval of the department head. Employees authorized to drive either their own or a City-owned vehicle on official business must possess a valid California driver's license for the class of vehicle they will be operating. The transportation method authorized will be determined in terms of the best interests of the City. The general program set forth in this regulation will be implemented by the City Administrator's Office upon approval of the City Council and administered by the department heads in accordance with the policies herein established. It is the responsibility of each department head to enforce the provisions of this regulation as it relates to the employees of his/her department. City-owned vehicles shall only be used for official City business. City-owned vehicles shall not be driven to and kept at the employee's home or any location other than the regular work location or Corporation Yard, except as provided by this regulation. SECTION 4: VEHICLE USE CRITERIA I. Assigned Vehicles: A. Assigned City Vehicles may be taken home by employees whose residence is within ten (10) miles of City Hall for the uses as described below: 1. Executive use includes the City Administrator, Assistant City Administrator and Department Heads. 2. Emergency Response Units: a. Employees who are required to respond more than once per week on an average without delay in order to protect the public health, safety and property. 6619 EXHIBIT "C" (Continued) b. Employees who are required to cant' special emergency equipment in their vehicles which must be utilized on a regular and frequent basis. (A radio in and of itself does not constitute special emergency equipment.) 3. Continuous use outside of regular working hours: Employees who are called back on an unscheduled basis to perform official city business outside of regular working hours more than once per week on an average and who meet one of the following criteria: a_ Mileage driven on official City business exceeds an average of 500 miles per month, or b. Who regularly and frequently supervises subordinates or conducts inspections in the field, or C. Whose duties require the employee to be away from his or her base work station greater than 50% of his or her working time, on an average. B. City vehicles which shall not be taken home may be assigned based on meeting one of the following criteria- 1. Monthly mileage driven exceeds an average of 500 miles per month and the vehicle is used for the purpose of supervision or inspection in the field, or 2. Duties require the employee to be away from his or her work station greater than 50% of his or her working time on an average. II. Reimbursement of Use of Personal Vehicles A. Executive Use. The City Administrator, Assistant City Administrator and Department Heads may, at their option, receive the automobile allowance as established by Resolution. B. Mileage Reimbursement. Employees, upon authorization of their department head, may use their own vehicles on official City business and shall be reimbursed at the rate of 270 per mile driven on official City business. 1. Employees shalt submit monthly claims for reimbursement to the Finance Director through their Department Head on forms prescribed by the Finance Director. 2. Employees shall not be reimbursed for commuting to and from work, except that employees who are required to attend scheduled meetings outside of normal working hours may be reimbursed for mileage required. 6619 EXHIBIT "C" (Continued) SECTION 5: INSURANCE REQUIREMENTS All privately-owned vehicles authorized to be used on official City business shall be insured by the individual employee in the minimum amount of $50,000 public liability for any one person and $100,000 public liability for all persons, anyone accident. They must also be insured for$25,000 property damage and $15,000 for any one uninsured motorist and $30,000 for all uninsured motorists any one accident. A current certificate of insurance must be filed with the Finance Director. Employee private vehicle information shall be reviewed and updated annually by the respective departments. The record maintained should contain the following current information. - Name of employee - Operator's license - Insurance company - Driver"s license expiration date - Insurance policy No. - Insurance expiration date - Amount of coverage It shall be the department head's responsibility to insure that no privately-owned vehicle is operated on City business without insurance coverage and a valid operator's license as required by this regulation. Clarification on City Liability on Use of Private Vehicle In the event of damage to private vehicles while on City business where a third party is negligent, the employee should collect damages (including insurance deductibles) from the third party. Where the employee is negligent, the City cannot be held liable for damages to the automobile, but the City can be held responsible for liability to third parties. The City shall be responsible to such employee for the first $100 of comprehensive and/or collision damages suffered by such employee to the extent that such employee's personal automobile insurance policy does not cover such first $100 damage. The employee's insurance policy is considered as the primary coverage, and the City liability begins after the limitations of the employee's coverage is exhausted. In the event a City employee's personal vehicle is damaged due to accident/collision while being used for official City business and the employee is deprived the use thereof, the City shall furnish such employee with a vehicle during such time as is reasonably required to repair said employee's vehicle. 6619 EXHIBIT D M.E.A. F.L.S.A. EXEMPT CLASSIFICATIONS JOB CODE CLASSIFICATION 1641 Accountant 1640 Accountant Sr. 5648 Administrative Aide 14 1631 Civil Engineering Assistant . 2681 Crewleader Beach Maintenance 2673 Crewleader Building Maintenance 2670 Crewleader Electrical Maintenance 2688 Crewleader Irrigation 2672 Crewleader Mechanical Maintenance 2671 Crewleader Painting 2686 Crewleader Park Maintenance 2677 Crewleader Sewer Maintenance 2676 Crewleader Street Landscape 2682 Crewleader Street Maintenance 2675 Crewleader Street Trees 2680 Crewleader Traffic 2669 Crewleader Traffic Signals 2684 Crewleader Water Distribution 2678 Crewleader Water Operations 2685 Crewleader Water Production 1679 Criminalist 1680 Criminalist Senior 5624 Cultural Affairs Supervisor 2627 Development Specialist 1660 Code Enforcement Officer Sr. 1639 Housing Rehabilitation Manager 1647 Human Services Coordinator 1649 Librarian 1637 Planner Assistant 1656 Real Estate Agent 6604 Shift Supervisor 3635 Survey Party Chief 2612 Video Engineer Supervisor 6619 EXHIBIT E CITY OF HUNTINGTON BEACH EMPLOYE HEALTH PLAN PLAN DOCUMENT 6619 EXHIBIT "F" i j DELTACARE City of Huntington Beach Group #4002 Please-ead:;e'er,n:'i -fo.mallor so you will kr*6 trorn w+ -,om cr"•hst oroup of providers hF2'h care maybe obtained, A NEW APPROACH TO DENTAL CARE in an, ace of rising health care costs, PMI1DeitaCare offers an alternative way to provide for your and your family's dental care needs.economically and conveniently through the PMIIDe!taCare program. PM!fDeltaCare was founded on the principle of delivering quality dental care and preventing dental problems before they start. PMI/DeltaCare has contracted with a network of private dental offices. A panel listing of these offices is enclosed. As an r'v;iec 1'ii the PMI/DeltaCare program you select one office from any of these dental offices for your and your famliy's needs. ne;;:o;k of dental offices is composed of established dental practices - not clinics. !t has been found that most people feel more secure if the same dental office is providing for their far-nily's treatment. Q ADVANTAGES ® HOW IT WORKS NO CLAIM FORhIS When you enroll in PMI;DeltaCare, select a Participaling to :ticn you chaos: . -,':ides ail primary dental Dental office from the iisi i i inls brochure.This location is now services.€here are no claim,forms to complete nor perce;"it- the center for all of your dental needs. aG-a of Usual charoes for you to pay. Aftc`r you !'gave BnrC"=1, 'you wi!I recelve an EVidcnCc Gf NO DEDUCTIBLES Coverage that fully describes the benefits of yourdental plan the r=',!1rDe TaC=-e prcciam there are no required deduct- as '::all as a PMI/De!,avara miiembiership card.This card will 'o'._s to pay so your benefits begin immediately. have the address and te!=phone number of your participating NO DOLLAR LIMIT OF DENTAL BENEFITS panel dentist.To receive all necessary dental care covered by No annual maximum, the plan, simply call ycur selected provider to make an NO PRE-EXISTING CONDITIONS RESTRICTED appointment. `hese conditions are not excluded in a PMI/DeltaCare prog- remember to a!vrays contact your selected panel dentist. Exception: Work in progress. Dental services which are not performed by your panel PREPAID PLAN SAVES ON DENTAL COST provider nor authorized by PMIfDeltaCare will not be ''tour out-ot-pocket savings are s-shstamial. You know the covered by the PMI/DeltaCare program. exact cost prior to treatment and this aids in better fiscal ::a .r,iny for you and your family. ■ WHO CAN JOIN QUALITY REVIEW OF DENTAL PROVIDERS Cn site audit of participating dental locations to insure that If you meet your employer's eligibility requirements for ss:cblis�,=d standards of quality are maintained. dental coverage you can enroll in PMI/DeltaCare. You can SPECIALTY SERVICES also unroll your eligible dependents,which include your!alaful ..a P1Z;i'0ivliaCare program offers services in denial spe- spouse and unmarried children; in6uding Step-chitdren, 'egal!y adopted and foster children to the limiting age as _eas. These include periodontics (treatment of diseased specified by your employer. v .mc and bona) e'' ontics (root canal therapy) , ant oral s rgErV procedures. ■ SUMMARY OF BENEFITS ■ EMERGENCY SERVICES The PMVDeltaCare prcc.am provides all reasonab`e and >',u are also covered for cut-c+-area dental ernercenc"es. Y'�' T!•'s Erc,rarn t•; Il day dental explenses incurred up to a customary dental care (subject to the master contract r,ex mum of 550.00. per enrollee, during each t2 ca'end2r provlsicns, limitations and exclusions) if care is rendered by means :!es or mare 'ro, U r Your assigned PMI/DE112Care panel dentist. There is no cost r .'l,uc icCar2 G'Gr,t',Si'S office. y forGCL'FredSerViC@Si0`,! pr ;dnyenrolieeore!igibledependent enrcl!ee except for cop -) --ts on certain procedures. (See Description of Benefits and Copayments.) 6619 EXHIBIT G" - ``- Cc cq b*4'.a..Qf+Ciaf t s+?S'4CSSFC"'4\lC- ,b W2•G;it x+F +. Y'h`M$ LK.2 L'4'St��•°,'T •* b['e erostt"+n`' +1+^d�v;�A+^a+Y+`f�"+= 'f@k1M1�F,.Y'�xa.�octcifiaaeSd9 Uv.... -•k:? -' e•»»vr:' •i�ex >^oa%; Y .C$ 5c^ � �H• `�s.$:� FSr ` "•�•:,, -c5�� xa d°`e - v. �iCO AbC?i++'^ S\S_;_' `":1 � {v�v"�' � . � �1\ � 9Y`Cz � YL }��hYb "tl�a4 +i�•� ¢ A. _-....: .-.... .. -.. ....:.. ...':-..:..'.''.•:.i...:.....rw.w.�.:::�•.n.......4:' �.�: w.Y\•4Ww�A.v:-A'.i-v:+.-S%[-%V:•Y[J3ri.1'.• i!•'A::Ndt{1CNtLvYa'1.4.{V..w.w•.n.tii��i.'. Highlights of Your Dental Program Coverage -- this is not your Evidence of Coverage CITY OF HUNTINGTON BEACH Group No.4729 INTRODUCTION PRINCIPAL BENEFITS AND COVERED SERVICES' This sheet provides a brief description of COVERAGE AVAILABLE FOR important features of the DeNPremier Enrollee,spouse,dependent children M age 19 . _. dental program offered by Delta Dental ruil-time students to age 23 Plan of California.Under this dental DENTAL EXPENSE BENEFITS program,you may use any dentist you Calendar year deductible $25 per person It is to your advantaga to select a dentist wha is a Delta dentist since This- Family deductible $75 per family.. or her fees will have been accepted in Calendar year maximum $1,000 per person advance by Delta. .. DIAGNOSTIC AND PREVENTIVE ".ore w wi 16,5D0 dentists in active. BENEFITS 85%of Delta dentist's lee practice in California are Delta dentists.- : oral examination _ USING YOUR DELTA PREMIER x-rays . PROGRAM -study models . To use the program,just call the dental _biopsy/tissue examination of,}ce of your choice and make an appointment.If you go to a Delta dentist Prophylaxis(cleaning)-2 in a 12 mantn period re-r S�e v/'T have Delta firuride veatmant . forms in the office and will complete space maintainers and s:r`.mit the form to Delta.Your benef is administrator Eras a complete specialist consultation list of Delta dentists,or you may call BASIC BENEFITS 85%of Delta dentist's fee (900)4-AREA•DR for a list of De!ta -oral surgery(extractions including dentists in your area. surgical removal of teeth). The De,taPremierprogiam a?l.-„s you io: rzsiorafrve tsi^gs)for treat'az^,t cf K.change dentists at any time without carious lesions(visible destruction of preaparaval: hard tooth structure resulting from - ■ go to a specialist of your choice dental decay) without preapproval: endodoritics(root canal therapyl ■ have each member of your family go periodontics(treatment of gums and to a different dentist; bones supporting teeth) ■ receive dental care anywhere in the Sealants(covered only on caries- free permanent posterior teeter for v�rld' children to age 14) During your first appointment give your CROWNS,JACKETS AND CAST dentist the following information: RESTORATIONS 85%of Delta dentists fee ■ the Delta group number; for treatment of carious lesions(visible ■ the employee's social security destruction of hard tooth structure number. resulting from dental decay)which can- Delta pays Delta dentists direcJy.You not be restored with amalgam,synt5etic are responsible only for your share of porcelain or plastic restorations the bill.A Delta dentist may not charge PROSTHODONTIC BENEFITS 60%of Delta dentist's fee you for amounts Payable by Delta.If you bridges(fixed and removable) go to a non-Delta dentist,you are partial dentures(subject to a maximum responsible for the dentist's entire bill allowance) and Delta will reimburse you directly. '1A dentures;subject to a maximum allowance) ORTHODONTIC BENEFITS 60%of Delta dentist's fee 'See the Fvi'denx or Coverage forhmirarions for eligible adults and dependent children $3,000 lifetime maximum per person w aese boehts. DENTAL ACCIDENT separate$1,000 maximum . 6619 Safeguard Dental PlansSm . M} Combined Evidence of Covera a and Disclosure..Form,:. • -- Prepared for: City of Huntington Beach _ November-.1993 6619 LIA+IIA'I' ,�Iti':_I•III': 1.1NI]'I';ATIONS. 01"HONti---This plisn is dir,,il;imd Ii,covur vimr visual nnetl's raI llm.tli;ll5 t',4itinN:li,:1,1f11C1'iillti. If you swh.f;l arty ul Ihu foilowi,lg, Ihcrc will he al, extra charge. 1! 1 tli ulul lenses. 1)J C:ullnl�i41 lantica(uxculit as not(lcl clscwhc:rc herein). � J C. Ovorsize lonsus. d Prugressivc rt,5,l0,01•.al l+nlses. or laminnled lenses. f ) A frank lhol r;oms tome Il n, Ilm plan allowance. eo !;) Certain liu,il;iliuus on low vision care. li) C:ostuetic ionses. i ) Oplional costn,:tiv I,rocesse's. i ) ON, prolucletl lenses. HUNTINGTON BEACH NOT COVERED —Thure is no bonufit lUr prolUssimull n Cn scrvw s or malcrials,:ollneclud Willi: 1. Orlhoplics (Pr vision training and ally associaled p %lipphemoulal lesting, FD FD k L- Ylauo le.lisus (volt-presc:ripIion). :3. Two hair of glasses in Itr:!t of bifocals. AC=1 1. Leases and .franics furnished under this- program Which arc last or broken will not be replaced oxccpt � O -+ at the normal intervals whr:n services are „thrrwise o m available. � � 5. Medical or surgicid Ircalmr.nl of the eyes. y l3. Any ry,: examinali,in, or any curreclive rye wear, a' requirud by an employer as a comlil ion ol-enipl,ry- AnH oc ON 'I']114 15 ONLY A 4tJMMANY; FOR FLJIt-1'Ill1-lt INFOR—MATION,til31i'I'til;Cl"I'Y I'I'RSONNEL DIVISION. C C 11XAM INATIOIN LENSES • FRAMES PROFESSIONAL SERVICES cn�j •�p VISION SE.J.1,V10E MAN s ',5311 Qimlity Drivo. Mim.ho(:,nclova,(,A D5670 F' I1W)3 !t I6-635-7:I73 A00-6Z2-794 t +.Q INltu:.la;L T.D.D. lrurdlv r7cUrif7l;irupuirrr: N41HII'l 800- 2n-4tt33 EXHIBIT J GROUP INSURANCE CERTIFICATE ; I STANDARD INSURANCE COMPANY herebv certifies that each Member is insured under the group policy described below during the time,in the manner and for the amounts provided in the group policy. Provisions of the group policy principally affecting the Member's insurance are described in this ?� certificate.In case of conflict between policy and certificate provisions,the policy provisions Neill govern. ! ;I The beneficiary designated by the Member, if any, is on file with the PolicvoNvner or group insurance ;,a administrator. �I *„ PiLEST17Eh'T irk I GROUP POLICY I NUMBER 332175-M REVIS_D Marc:, 1989 i*�I �! GROUP POLICY E===CT!VE DAT� slime 1, 1 oCl PRIM-EO March, 1989 CI GTON BEACH, CALIFORNIA POLICYOWNER CITY OF HUNTIN 3 MEA/CETA � Section 1 . SCHEDULE OF INSURANCE B. LONG TERM DIS JKLITY 12 SURANCE r Amount of Monthly Income-6017c of the first S6,000 of the Member's Basic Monthly Earnings,reduced n1 by any Deductible Benefits. ' flax; = Benefit Period : Age At Beginning Maximum Benefit Of Total Disability Period I .7 61 or younger ............................ To age 65 62 ........................................I......:.. 3 years 6 months ...... 3 years ;r�l 64 .................................................. 2 years 6 months Y'vI + I 66 .................................................. 1 vear 9 months ........... 1 year 6 months Iv 68 .................................................. 1 year 3 months- 69 or older .................................... 1 year xl r C Age means ace at the Member's last birthday. ' nil Elimination Period - For total disability resulting while the Member is engaged in any occupation, work or employ- !Went for the Emfllover-The first 365 days of each period oftotal disability or the period of time for which the Member chooses to be raid Sick leave benefits under the Emplover's Sick Leave Program, whichever is longer. For any other:.ctal disability - The -,rst 60 days of Each period of total disabil ity or the period of time for which the Member chooses to be paid sick leave benefits under the Employer's Sick Leave Program. whichever 's longer. GC Asa 6619 `".'7^ �f �^../r.•°•r�,.—�l.. r-. —I EXHIBIT K CITY OF HUNTINGTON BEACH Retiree Subsidy Medical Plan An employee who has retired from the City shall be entitled to participate in the City sponsored medical insurance plans and the City shall contribute toward monthly premiums for coverage in an amount as specified in accordance with this Plan, provided: A. At the time of retirement the employee has a minimum of ten (16) years of continuous City service or is granted an industrial disability retirement; and B. At the time of retirement, the employee is employed by the City; and C. Following official separation from the City the employee is granted a retirement allowance by the California Public Employees' Retirement System. The City's obligation to pay the monthly premium as indicated shall be modified downward or cease during the lifetime of the retiree upon the occurrence of any one of the following: 1. During any period the retired employee is eligible to receive or receives health insurance coverage at the expense of another employer, the payment will be suspended. "Another employer' as used herein means private employer or public employer or the employer of a spouse. As a condition of being eligible to receive the premium contribution as set forth in this plan, the City shall have the right to require any retiree to annually certify that the retiree is not receiving or eligible to receive any such health insurance benefits from another employer. If it is later discovered that a misrepresentation has occurred, the retiree will be responsible for reimbursement of those amounts inappropriately expended and the retirees' eligibility to receive further benefits will cease. 2. On the first of the month in which a retiree or dependent reaches age 65 or on the date the retiree or dependent can first apply and become eligible, automatically or voluntarily, for medical coverage under Medicare (whether or not such application is made) the City's obligation to pay monthly premiums may be adjusted downward or eliminated. Benefit coverage at age 65 under the City's medical plans shall be governed by applicable plan document. 3. In the event the Federal Government or State Government mandates an employer-funded health plan or program for retirees, or mandates that the City make contributions toward a health plan (either private or public) for retirees, the City's contribution rate as set forth in this plan shall first be applied to the mandatory plan. If there is any excess, that excess may be applied toward the City medical plan as supplemental coverage provided the retired employee pays the balance necessary for such coverage, if any. 4. In the event of the death of any employee, whether retired or not, the amount of the retiree medical insurance subsidy benefit which the deceased employee was receiving at the time of his/her death would be eligible to receive if he/she were retired at the time of death, shall be paid on behalf of the spouse or family for a period not to exceed twelve (12) months. 6619 EXHIBIT K SCHEDULE OF BENEFITS I. Minimum Eligibility for Benefits - With the exception of an industrial disability retirement, eligibility for benefits begins after an employee has completed ten (10) years of continuous service with the City of Huntington Beach. Said service must be continuous unless prior service is reinstated at the time of his/her rehire in accordance with the City's Personnel Rules. II. Disability Retirees - Industrial disability retirees with less than ten (10) years of service shall receive a maximum monthly payment toward the premium for health insurance of $121. Payments shall be in accordance with the stipulations and conditions which exist for all retirees. Payment shall not exceed dollar amount which is equal to the full cost of premium for employee only. III. All retirees, including those retired as a result of disability whose number of years of service prior to retirement exceeds ten (10), shall be entitled to maximum monthly payment of premiums by the City for each year of completed City service as follows: Maximum Monthly Payment for Retirements After: Years of Service 10/01/92 10 $121 11 136 12 151 13 166 14 181 15 196 16 211 17 226 18 241 19 256 20 271 21 286 22 300 23 315 24 330 25 344 Note: The above payment amounts may be reduced each month as dependent eligibility ceases due to death, divorce or loss of dependent child status. However, the amount shall not be reduced if such reduction would cause insufficient funds needed to pay the full premium for the employee and the remaining dependents. In the event no reduction occurs and the remaining benefit premium is not sufficient to pay the premium amount for the employee and the eligible dependents, said needed excess premium amount shall be paid by the employee. 6619 EXHIBIT K CITY OF HUNTINGTON BEACH Indemnity Health Plan Employees and Retirees City Plan - Employees Non-Subsidized Retirees City Plan/Subsidized Benefits COBRA-Eligibles Retiree Plan Inpatient Hospital 90% - (PPO) of UCR Benefits After Deductible 70%(Non-PPO) 70% of UCR After After Deductible After Deductible Deductible Per Person $150/$450 $200/ $500 Maximum Per Family Maximum Out-of-Pocket $1,000/2,000 $1,500/3,000 Expenses (Excludes Deductible) Per Person/Per Family Accident Benefit (Medical) None (Covered Same None (Covered Same as as Other Expenses) Other Expenses) Prescription Drugs PCs PCs Deductible Generic/Non-Generic $5/$8 $5/$8 Mail Order $4/$6 $4/$6 Major Medical 90% (PPO) of UCR After Deductible 70%(Non-PPO) of UCR 70% of UCR After Deductible After Deductible This summary list only those benefits provisions that differ between active and subsidized Retiree Plans. The Employee Health Plan document should be consulted for detailed questions about specific benefits. Benefits are subject to modification through the meet and confer process. Note: Retirees who elect to participate in HealthNet or Family Health Plan (FHP) shall be entitled to benefits of the program chosen. 6619 EXHIBIT K CITY OF HUNTINGTON BEACH Miscellaneous Provisions of the Retiree Subsidy Medical Plan Eligibility: I- The effective start-up date of the Retiree Subsidy Medical Plan (30% Plan) for the various employee groups shall be the first of the month following retirement date. 2. A retiree may change plans, add dependents, etc., during annual open enrollment. Personnel shall notify covered retirees of this opportunity each year. 3. Years of service computed for the Retiree Subsidy Medical Plan are actual years of completed service with the City of Huntington Beach. 4. When a retiree is eligible for medical plan coverage at the expense of another employer due to post-retirement employment of the retiree or spouse of the retiree, the retiree and his/her spouse must take that coverage regardless of benefit level and shall be deleted from any City Plan coverage. Exceptions to this requirement are limited to the following: a) A retiree is not required to enroll in such 'other" medical plan coverage if there is significant disparity between the benefits provided by the "other" medical plan and the Retiree Subsidy Medical Plan as defined below. "Significant disparity" means coverage available under the 'other" medical plan is restrictive or limited in one or more of the following ways: 1. No inpatient hospitalization coverage. 2. No major medical benefits. 3. Annual deductible is $1,000 or greater per person. 4. Major medical benefits are paid at 60% or less of covered expenses. b) The Risk Manager will have the authority to provide additional exceptions following review of the 'other" medical plan policy. Exceptions will be made only if the "other" medical plan benefit provisions are comparable to the guidelines under"B" above. c) Miscellaneous Provisions: 1. Benefits provided under the Retiree Subsidy Medical Plan will be coordinated with the "other" medical plan as the primary carrier. 2. The City shall have the right to require any retiree to provide a copy of the 'other" medical plan policy for review by the Risk manager. 5. When a retiree becomes eligible for other group coverage and then becomes no longer eligible, he/she may have the subsidy reinstated and regain Retiree Subsidy Medical Plan coverage. 6. Dependents of a retiree may follow him/her into the Retiree Subsidy Medical Plan or they may choose to exercise COBRA rights along with the retiree. 6619 7. When a retiree becomes 65 and has eligible dependents under 65, said dependents are eligible to exercise COBRA rights. 8. When a retiree is under 65 and his/her spouse is over 65, the spouse is not covered. Benefits: 1. Retiree Subsidy Medical Plan includes California Psychological Health Plan (CPHP), Prescription Card System (PCS), Orange County Preferred Provider Organization (OCPPO) and Medical Stop Loss insurance. 2. City Plans are the primary payer for active employees age 65 and over, with Medicare the secondary payer. Retirees age 65 and over have no City Plan options and are eligible only for Medicare. 3. Premium payments are to be received at least one month in advance of the coverage period. Subsidies: 1. The subsidy payments will pay for: a) Retiree Subsidy Medical Plan b) HealthNet c) Family Health Plan (FHP) d) Part A of Medicare for those retirees not eligible for paid Part A 2. Subsidy payments will not pay for: a) Part B Medicare b) Regular City Employee Indemnity Plan c) Any other employee benefit plan d) Any other commercially available benefit plan. e) Medicare supplements 3. Employees who retire on or after the following dates shall be eligible for the subsidy based on years of completed service with the City: October 1, 1987 - MEO, MEA, POA, MSOA, FA, PMA July 1, 1988 - Non-Represented Retirees who retire prior to the above dates are not eligible for any subsidy benefit. Medicare: 1. All persons are eligible for Medicare coverage at age 65. Those with sufficient credited quarters of Social Security will receive Part A of Medicare at no cost. Those without sufficient credited quarters are still eligible for Medicare at age 65, but will have to pay for Part A of Medicare if the individual elects to take Medicare. In all cases Part B of Medicare is paid for by the participant. 2. When a retiree and his/her spouse are both age 65 or over, and neither is eligible for paid Part A of Medicare, the subsidy shall pay for Part A for each of them or the maximum subsidy, whichever is less. 6619 3. When a retiree at age 55 is eligible for paid Part A of Medicare and his/her spouse is not eligible for paid Part A, the spouse shall not receive subsidy. When a retiree at age 65 is not eligible for paid Part A of Medicare and his/her spouse who is also age 65 is eligible for paid Part A of Medicare, the subsidy shall be for the retiree's Part A only. Cancellation: 1. For retirees/dependents eligible for paid Part A of Medicare, the following cancellation provisions apply: a) Coverage for a retiree under the Retiree Subsidy Medical Plan will be eliminated on the first day of the month in which the retiree reaches age 65. if such retiree was covering dependents under the Plan, dependents will be eligible for COBRA continuation benefits effective as of the retiree's 65th birthday. b) Dependent coverage will be eliminated upon the whichever of the following occasions comes first: 1) After 36 months of COBRA continuation coverage, or 2) When the covered dependent reaches age 65 in the event such dependent reaches age 65 prior to the retiree reaching age 65. c) At age 65 retirees are eligible to make application for Medicare. Upon being considered "eligible to make application", whether or not application has been made for Medicare, the Retiree Subsidy Medical Plan will be eliminated. 2. See provisions under"Benefits", "Subsidies", and "Medicare" for those retirees/dependents not eligible for paid Part A of Medicare. 3. Retiree Subsidy Medical Plan and COBRA participants shall be notified of non-payment of premium by means of a certified letter from Personnel in accordance with provisions of the Memorandums of Understanding. 4. A retiree who fails to pay premiums due for coverage and is in arrears for sixty (60) days shall be terminated from the Plan and shall not have reinstatement rights. 6619 Res. No. 6619 STATE OF CALIFORNIA ) COUNTY OF ORANGE } ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an adjourned regular meeting thereof held on the 2nd of August,1994, by the following vote: AYES: Councilmembers: Silva, Bauer, Robitaille, Moulton-Patterson, Winchell, Sullivan, Leipzig NOES: Councilmembers: None ABSENT: Councilmembers: None 4;V4� g��A� City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California