CC Resolution No. 3676 w
RE50LUTION N0. 3676 ~
A RESOLUTION OF THE CI'TY COUNCIL OF TH~ CITY OF CUPERTINO RATIFYING THE
PROVISIONS OF A MENIORANDUM OF UNDERSTANDING ~ETWEEN THE CITY ANb
MR. FRED CLER, AN EMPT~OY~~ OF THE CITY OF CUPERTINO
,
WHEREAS, the Personnel Code of the City of Cupertino provides for
representatives of the employees of the City of Cupertino and representatives
of management of the City of Cupertino to meet and confer in good faith on matt~rs;~:
of employ~ent as permitted by the said Personnel Code; and
CaHEREA~, Mr. Fred Cler representing himse~.£, 'has requested the City to
make certain modifications to various conditions of employment; and
WHEREAS, members of City management, through the designated Municipal
~nployee Relations Off icer, have mat on more than one occas~on with Mr. Fred
Cler, wherein discussions and negotiations were held on the saifl request of the
employee; and
WHEREAS, a Memorandum of Unc~erstanding signed by the parties thereto,
attesting to their mutual agreemerit as to its contents an~ provisions,
has been su'bmitted to the City CounCi7. for ratification~.and imp~ementation;
NOW, TH~REFORE, BE IT RESOLV~D that the City Council of ~he City of
Cupertino does hereby ratify the aCtach~d Memorandum of Understanding between
the City of Cupertino and Mr. Fre~ Cler, representing himself, which
memorandum is dated May 31, 1974.
NOFT, THER~FORE, B~ IT FURTA~R R~50LV~D that ~Che provisiona of this
Memorandum of Understanding shall take ~ffect on and after July 1, 1974 and
shall be terminated June 30, 1975.
The City Manager is hereby d3rected to implement the provisions of the
said Memorandum of Understanc~ing.
PASSEb AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino on the 4th day of June, 1974.
Vote Members o£ the City Council
AYES• Frolich, Jackson, Meyers, Nellis, Sparks
NOES: None
ABSENT: None
ABSTAIN: None
APPROVID :
/s/ Reed Sparks
Mayor, City of Cupertino
ATTEST:
/s/ Wm. E. Ryder
c~.~y cierk
MEMORANDUM OF UNDERSTANDING
. This Memorandum of Understanding is entered into this 31st day of May, 1974
by and between the City of Cupertino, a Municipal Corporation hereinafter referred
to as the "City", and Mr. Fred Cler, an employee of the City of Cupertino.
WHEREAS, Mr. Fred Cler has chosen to represent himself, pursuant to State
statutes and Section 2.52.300 of the Cupertino Municipal Code, in those matters
of employer-employee relations within the scope of the Meet and Confer process;
and
WHEREAS, there has been more than one meeting between the Personnel Director,
representing the Municipal Employee Relations Officer, and Mr. Fred Cler, repre-
senting himself, wherein discussions and negotiations were held on the salary
and supplemental benefits proposal from July 1, 1974 through June 30, 1975, as
submitted to the City by Mr. Fred Cler;
NOW, THEREFORE, the parties hereto have reached this agreement:
Section l. The City shall take immediate action for the adoption of a
Schedule of Pay Grades reflecting an increase of 7.5% for each step in the
applicable pay grade. The effective date of the revision to the Schedule of Pay
Grades irrespective of the da~e on which it ma.y be processed or otherwise approved
by resolution of the City Council shall be June 26, 1974.
Section 2. Pursuant to Section 10.6 of the Rules, the City shall continue
to provide group hospitalization and medical insurance under which employees .
and their dependents may be covered. The cost of the premiums for the insurance
provided under such programs shall be the responsibility of the employee for
himself and dependents. The City will, however, pay the cost of the premiums
for the employee or for the employee and his dependents, providing the maximum of
such City-paid premium shall not exceed $37.50 per month per covered employee.
The contribution by the City toward the payment of an employee's hospital and
medical insurance program shall be made in accordance with the provisions of
the contract between the City and the Public Employees' Retirement System inso-
far as eligibility of coverage is concerned.
The City shall pay the full cost of a group life insurance program of
$3,000 term insurance per employee.
Section 3. Pursuant to Section 10.6 of the Rules, the City shall provide
in addition to the aforementioned group hospitalization and medical insurance
program a program of dental insurance coverage as offered by California Dental
Service and known as Incentive Program A. Said program shall include coverage
for orthodontics as an available option and for the payment of the prescribed
additional premium therefor. The cost of the premiums for the insurance pro-
vided under said program shall be paid by the City for the employee and his de-
. pendents. The effective date of said program shall be July 1, 1974 or as soon
thereafter as an agreement with California Dental Service can be concluded.
Section 4. The City agrees to compensate scheduled, miscellaneous duties
performed on holidays and weekends as an employee of the Water Utility Division,
Department of Public Works, at the rate of three (3) hours per day, computed in
accordance with the rules on overtime. Duties and responsibilities for those
scheduled assignments shall include, but are not limited to, the checking of
wells, pump stations and tanks and other inspection duties necessary for water
utility operation. In the event emergency situations arise during the term of
such scheduled holiday and weekend duties, the employee shall be subject to call
out for such corrective or preventive work as may be required to alleviate the
emergency condition, and shall be compensated in accordance with the rules on
overtime for work so performed.
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Section 5. The City shall take immediate action to amend Section 8.1 of
the Rules by adding thereto a provision designating Admission Day as an official
City holiday and non-work day.
Section 6. It is not the intent of the parties hereto to violate rules or
regulations of any governmental authority or agency having jurisdiction of the
subject or this Memorandum of Understanding and the parties hereto agree that
in the event that any provision of this agreement is finally held or deemed to
be illegal or void as being in contravention of any such law, rule or regulation,
the remainder of the agreement shall continue in full force and effect unless
the parts so found to be void are held inseparable from the remaining portion of
the agreement.
Section 7. This Memorandum of Understanding shall become effective July 1,
1974 and shall terminate June 30, 1975.
FOR THE CITY OF CUPERTINO
~
Municipal Emplo Relations Officer Fred Cler
_
-
Personne irector
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