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HomeMy WebLinkAboutCity Council - 3983 RESOLUTION NO. 3983 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND AUTHORIZING EXECUTION OF A SETTLEMENT AGREEMENT WITH THE FIREMEN'S ASSOCIATION WHEREAS, a dispute has existed between the Firemen's Associa- tion and the City with regard to a provision of the Memorandum of Agreement between subject entities ; and The dispute was submitted to a hearing officer through the city 's grievance procedure; and The proposed grievance is still subject to the litigation process and the parties desire to resolve same without further litigation; and The parties have in good faith negotiated a settlement of the dispute, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that it does approve the settlement of the dispute as per the settlement agreement forwarded herewith, and authorizes execution of the agreement . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1$th day of November, 1974 . �} fez� TE Mayor City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: Z- L­X, z�- C Attorney -2n �711 City Administrator 1 . MHM:k 11/14/74 AGREEMENT THIS AGREEMENT is by and between the HUNTINGTON BEACH FIREMEN'S ASSOCIATION, INC. , hereinafter called "ASSO- CIATION." and the CITY OF HUNTINGTON BEACH, a municipal corporation, hereinafter called "CITY." WHEREAS, the parties hereto entered into a Memo- randum of Agreement on the 27th day of June, 1972, which agreement terminates on June 30, 1975; and, WHEREAS, said Memorandum of Agreement was executed pursuant to Government Code §3500 et seq. and Resolution No. 3335 of the City of Huntington Beach; and, WHEREAS, Article X of said Memorandum of Agreement, dealing with fringe benefits, became the subject of a dispute over the interpretation of the terms thereof; and, WHEREAS, this dispute, pursuant to the personnel rules , was heard by and submitted to a Hearing Officer; and, WHEREAS, a proposed decision by the Hearing Officer, dated June 18, 1974, pursuant to the personnel rules of the City of Huntington Beach has been forwarded to the Personnel Board of the City for consideration; and, WHEREAS, the aforesaid proposed decision determined that the fringe benefits payableunder Article X should be implemented by 4.47% commencing July 1, 1974, but that no fringe benefits are to be implemented after June 30 , 1975, as a result of salary surveys taken in February, 1975; and, WHEREAS, the parties desire to settle this matter so as to avoid any further disputes, grievances and litigation pertaining to same; and, WHEREAS, the parties hereto have negotiated in good faith to effectuate a settlement; 1 . MHM-:k 11/7/74 NOW, THEREFORE, the CITY and the ASSOCIATION do hereby agree as follows : 1. In accord with the intent of Article X of the Memorandum of Agreement to provide fringe benefits to the members of ASSOCIATION, the CITY does hereby agree to provide all safety employees in the Fire Department with that certain retirement program which is commonly known and described as the 112% at Age 50" and which is based on the retirement formula as set forth in the Public Employees Retirement Law in the Government Code, and that said retirement program shall be so provided by the CITY so as to be in full force and effect commencing July 1, 1976 , and CITY further agrees to take any and all appropriate and necessary steps so as to implement said program as of said date . 2 . In consideration of the foregoing, upon signing of this agreement by the parties hereto, ASSOCIATION dismisses the grievance which is now pending before the Personnel Board of the City of Huntington Beach pertaining to the interpretation of Article X, and hereby stipulates and agrees that by execution of this agreement, Article X of the aforesaid Memorandum of Agreement has been in fact fully implemented by the CITY to and including June 30 , 1974, and that from and after July 1, 1974, no further obligations are due thereunder, except as set forth in paragraph 1 above . 3 . Except as herein provided, the aforesaid Memorandum of Agreement, dated June 27, 1972, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed this 18th day of November , 2 . 1974, by their officers thereunto duly authorized. THE HUNTINGTON BEACH FIREMEN'S ASSOCIATION By CITY ?Fe UNTINGTON BEAC a pal corpo atio TS �' J� 'Kay or City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: Ci -y Attor e City Administrator 3 . Res. No. 3983 STATE OF CALIFORNIA ) COUNTY OF ORANGE } ss: CITY OF HUNTTINGTON BEACH ) I, ALICIA M. WENTWORTH, 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 more than a majority of all the members of said City Council at a regular meeting thereof held on the igtr day of _ November 19 74 , by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Coen NOES: Councilmen: None ABSENT: Councilmen: Wieder, Duke J � City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California