HomeMy WebLinkAboutCity Council - 2011-64 RESOLUTION NO. 2011-64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY AND THE FIRE MANAGEMENT ASSOCIATION
(FMA), BY ADOPTING THE SIDE LETTER OF AGREEMENT (MOU
EXTENSION)
WHEREAS, on November 17, 2008, the City Council of Huntington Beach adopted
Resolution No. 2008-72 for the purpose of adopting the Memorandum of Understanding (MOU)
between the City and the Fire Management Association(FMA);
Subsequent to the adoption of the MOU, the City of Huntington Beach and FMA
agreed to changes, corrections, and clarifications to the MOU that are reflected in a Side Letter of
Agreement between the City of Huntington Beach and FMA ("Side Letter of Agreement")
attached hereto as Exhibit A and incorporated herein by this reference. The Side Letter of
Agreement pertains to MOU Extension.
NOW, THEREFORE,IT IS HEREBY RESOLVED by the City Council of the City of
Huntington Beach as follows:
Section 1. The Side Letter of Agreement attached hereto as Exhibit A is approved and
adopted.
Section 2. The Side Letter of Agreement amends the MOU between the City of Huntington
Beach and FMA.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 6th day of September, 2Q11.
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REVIE D APPROVED:
APPROVED AS TO FORM:
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City
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INITIAT D AND APPROVED:
Deputy City Wriager
Exhibit "A" - Resolution No. 2011-64
City of Huntington Beach
SIDE LETTER AGREEMENT
Representatives of the Fire Management Association ("FMA") and the City of Huntington Beach
("City") hereby agree to the following terms related to the FMA MOU with respect to the
following:
ARTICLE I -TERM OF MOU
This Agreement shall be in effect for a period of forty-eight (48) months commencing July 1,
2008 and expiring on June 30, 2012.
a) The Association shall have the exclusive option to extend the MOU, without any change
in its terms and conditions, for an additional year through and including June 30, 2013.
(Resolution No. 2010-20)
b) This article is hereby amended to extend the term of the MOU so that the MOU, as
amended herein, shall expire September 30, 2013.
ARTICLE V -SALARY SCHEDULES AND RETIREMENT
C. California Public Employees' Retirement System (CaIPERS Pick-up)
Each employee covered by this agreement shall be reimbursed an amount equal to nine
percent (9%) of the employee's part of his/her California Public Employees' Retirement
System (CaIPERS) contribution unless otherwise modified in this MOU. The above
CaIPERS pickup is not salary but is done pursuant to Section 414(h)(2) of the Internal
Revenue Code.
Article V (C) is hereby modified such that the combined City-paid and employee-paid
CaIPERS pickup contribution equals 9%. The City shall pay 4.75% of each employee's
"compensation earnable" of the employer-paid contribution of 9%. All employees
covered by this agreement shall pay 4.25% of "compensation earnable" towards the
employer-paid contribution of 9%. (Resolution 2010-20).
i. Article V (C) is hereby modified such that the combined City-paid and
employee-paid CaIPERS pickup contribution equals 9%. The City shall pay
2.25% of each employee's "compensation earnable" of the employer-paid
contribution of 9%. All employees covered by this agreement shall pay 6.75%
of"compensation earnable" towards the employer-paid contribution of 9%.
F. CaIPERS Additional Benefits
1. The City shall provide all safety employees with the retirement program commonly
known and described as the "3% at age 50 plan" which is based on the retirement
formula as set forth in the CaIPERS, Section 21362.2 of the California Government
Code, including the one-half continuance option (Government Code Sections 21263 and
21263.1) for safety employees and the Fourth Level of the 1959 survivor option for all
employees as established by the CaIPERS, Section 21382 of the California Government
Code.
a. If all of the other safety units agree, the Association commits to
implementation of a second tier retirement formula for new hires.
Exhibit "A" - Resolution No. 2011-64
Side-Letter Implementation
Except as modified above, all remaining terms and conditions set forth in the existing MOU, and
all wages, hours and other terms and conditions of employment described therein and presently
enjoyed by represented employees shall remain in full force and effect throughout the remainder
of the term of the MOU as extended.
The modified provisions contained in this side letter are effective October 1, 2011 and will
remain in full force and effect unless otherwise specifically modified, either by extension of this
side-letter, a subsequent side-letter or a successor memorandum of understanding.
The parties agree that this side-letter agreement and the implementation thereof will not be
subject to Personnel Rule 19 — Grievance Procedure/Non-Disciplinary Matters, or otherwise
appealed either administratively or in a court of competent jurisdiction.
IN WITNESS WHEREOF, the parties have caused this SIDE LETTER AGREEMENT to be
executed by and through their authorized officers on 6 . .D//
Huntington Beach City of Huntington Beach
Fire Management Association
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Bob Brown F d X.Vilson
President City Manager
Dated: t Dated:
William Reardon is ele Carr
Vice-President erector of Human Resources
Dated: �� �v l Dated:
AP ROVED AS TO FORM:
t':�i &_,_
Jennifer M. McGrath
City Attorney
Dated: P13
Res. No. 2011-64
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN 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 a regular meeting thereof held on September 6, 2011 by the following vote:
AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, Boardman
NOES: None
ABSENT: None
ABSTAIN: None
CU Clerk and'ex-officieClerk of the
City Council of the City of
Huntington Beach, California