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Home My WebLink AboutAdopt Resolution No 2024-57 Amending the Memorandum of Under ,e�aliNGT,9"' 2000 Main Street, F% ;P ,r°/v Huntington Beach,CA ~` `' 9264 8 City of Huntington Beach APPROVED 7-0 as File#: 24-812 MEETING DATE: 11/19/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Travis Hopkins, Acting City Manager VIA: Marissa Sur, Director of Human Resources PREPARED BY: Marissa Sur, Director of Human Resources Subiect: Adopt Resolution No. 2024-57 Amending the Memorandum of Understanding Between the City and Huntington Beach Firefighters Association by Adopting a Side Letter of Agreement Statement of Issue: The current Memorandum of Understanding (MOU) between the City of Huntington Beach and the Huntington Beach Firefighters Association (HBFA) is effective January 1, 2024, through December 31, 2026. The proposed Side Letter of Agreement modifies Articles VIII and IX, and adds Article XIV, to address the CalPERS reportability of Uniform Allowance for eligible employees, and staffing impacts related to the Fire Department's acceptance of future SAFER Grants. Financial Impact: No additional funding is requested. Funding is included in the FY 2024-25 budget. Recommended Action: Adopt Resolution No. 2024-57, "A Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Huntington Beach Firefighters Association by Adopting a Side Letter of Agreement." Alternative Action(s): Do not approve, and direct staff accordingly. Analysis: Uniform Allowance Article VII of the current MOU between the City and HBFA outlines the agreement between the City and HBFA with respect to uniforms and Unform Allowance. The City currently reports as special compensation under Title 2, California Code of Regulations, Section 571(a)(5), the annual cost of uniforms and physical fitness uniforms for eligible employees, per the MOU. However, CaIPERS recently notified the City that unless the MOU specifically states the dollar amount to be reported, the City of Huntington Beach Page 1 of 2 Printed on 11/13/2024 powered by LegistarTM', 716 File#: 24-812 MEETING DATE: 11/19/2024 Allowance is not reportable as special compensation. The proposed Side Letter of Agreement modifies the language in Article VIII to provide the specific dollar amount for each type of uniform; there is no change to the Uniform Allowance amount with this Agreement. SAFER Grant The proposed Side Letter of Agreement also modifies Article IX and adds Article XIV to address staffing impacts related to possible future acceptance of SAFER Grant funds. Since SAFER Grant funding is for a set number of years, this Agreement outlines how the City will handle the end of the funding source as it relates to staffing. The Agreement does not change the current FTE or minimum staffing levels but allows the Department to advertise and hire full-time Firefighter Paramedics if they receive grant funding to hire more Paramedics, with agreement from the HBFA that the positions would need to be absorbed through attrition when the funding is no longer available. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable -Administrative Item For details, visit www.huntingtonbeachca.gov/strategicplan. Attachment(s): 1. Resolution No. 2024-57 2. Exhibit A- HBFA Side Letter Agreement City of Huntington Beach Page 2 of 2 Printed on 11/13/2024 powered by LegistarT"" 717 RESOLUTION NO. 2024-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND THE HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION (HBFA)BY ADOPTING THE SIDE LETTER OF AGREEMENT WHEREAS, on January 16, 2024, the City Council of Huntington Beach adopted Resolution 2024-02 for the purpose of adopting the Memorandum of Understanding (MOU) between the City and HBFA; Subsequent to the adoption of the MOU,the City of Huntington Beach and HBFA met and conferred and agreed to changes, corrections, and clarifications to the MOU that are reflected in a Side Letter of Agreement attached hereto as Exhibit A and incorporated herein by this reference. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach as follows: 1. The Side Letter of Agreement attached hereto as Exhibit A is approved and adopted. 2. The Side Letter of Agreement amends the MOU between the City of Huntington Beach and HBFA PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th :day of November , 2024. 41.0, ; REVIEWED AND APPROVED: APPROVED A FORM: ravis Hopkins, ActingCityManager ael Gates=City-Attorney n p g 1-)4 INITIATED AND APPROVED: Marissa Sur Director of Human Resources III 24-15560/360669 Reso No. 2024-57 Exhibit"A" SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH FIREFIGHTERS (HBFA) Representatives of the Huntington Beach Firefighters Association (HBFA) and the City of Huntington Beach have negotiated this Side Letter of Agreement to modify the following sections of the HBFA MOU dated January 1, 2024 through December 31, 2026: ARTICLE VIII- UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT E. Reportable to PERS-The City will report as special compensation, in accordance with Title 2, California Code of Regulations, Section 571(a)(5) to the California Public Employees' Retirement System (CaIPERS), for each classification the annual cost of uniforms provided by the City as well as the physical fitness uniform described in Subsection (B). For employees who are not actively employed for an entire payroll calendar year, a prorated cost of uniforms shall apply. For "new members" as defined by the Public Employees' Pension Reform Act of 2013, the cost of uniforms will not be reported as compensation earnable to CaIPERS. The annual cost of uniforms reported to CaIPERS shall be based on Rank as shown below: HBFA Yearly Uniform Allowance Firefighter Firefighter/Paramedic $1,333.12 Engineer Fire Captain $1,417.72 Administrative Fire Captain Physical Fitness Uniform All Ranks $150.00 ARTICLE IX-HOURS OF WORK/ OVERTIME H. Minimum Staffing and Filling Vacancies: 1. Minimum Staffing Levels-The City shall cause apparatus to be staffed with sufficient employees to assure the safety of employees and the control of risk. For these purposes, the minimum staffing of apparatus shall be defined in Policy 207, Minimum Staffing Levels, a copy of which is attached as Exhibit G and incorporated by reference Herein. a. If a Rank Paramedic is activated on a Paramedic Engine, the overall number of on duty firefighters will increase and the overall number of Firefighter Paramedics will decrease for each Rank Paramedic. However, the total number of on-duty Paramedics will be no less than 16. b. If the Fire Chief determines the need to convert a Truck Company to a PAU or Paramedic Truck Company, the overall number of Paramedics shall be no less than 16. c. For the length of the MOU dated January 1, 2024, any additional Paramedics assigned to a Paramedic Squad shall be in addition to the above referenced minimum number of 16 on-duty Paramedics. Paramedics assigned to a Paramedic Squad may be used to fill vacancies on a Paramedic Engine when needed. ARTICLE XIV- MISCELLANEOUS F. Employees Hired under SAFER Grant: 1. Full Time Equivalent (FTE) Positions—Employees hired under the three-year SAFER Grant do not count toward the official FTE number for the Fire Department unless officially approved by the City. 2. End of Three-Year Period- The City will notify the HBFA at year two of the Grant funding regarding their plan to add the FTE positions to the Fire Department or discontinue the positions. 3. Discontinuance of Staffing Funding— Should the City choose to discontinue the funding of staffing after year three of the Grant funding, the Fire Department will make every effort to absorb the staffing through normal attrition vacancies. The City agrees that no Paramedic originally hired through the SAFER Program shall be terminated at the conclusion of the Grant funding due to lack of available positions or funding. Side Letter Implementation Should the MOU between HBFA and the City of Huntington Beach continue beyond December 31, 2026, either through a successor MOU or an extension of the current MOU, all terms and conditions of this side letter shall remain in full force and effect unless changes are mutually agreed by both parties. IN WITNESS WHEREOF, the parties have caused this SIDE LETTER AGREEMENT to be executed by and through their authorized officers on November 19, 2024 . City of Huntington Be Huntington Beach Fire Association By: By: 4 Eric Parra Bill Cerri Interim City Manager/Chief of Police HBFA President ByJ.....__ 4B Travis Hopkins 1 Tim Keating Assistant City Manager HBFA Vice President By: By: Marissa Sur Ferrone Law Group Director of Human Resources APPROVED AS e a RM: .1.111 Mic -el Gates �� Ci Attorney COUNTERPART Side Letter Implementation Should the MOU between HBFA and the City of Huntington Beach continue beyond December 31, 2026, either through a successor MOU or an extension of the current MOU, all terms and conditions of this side letter shall remain in full force and effect unless changes are mutually agreed by both parties. IN WITNESS WHEREOF, the parties have caused this SIDE LETTER AGREEMENT to be executed by and through their authorized officers on City of Huntington Beach Huntington Beach Fire Association . By: Y�B Eric Parra Bill Cerri • Interim City Manager/Chief of Police HBFA President By: B . Travis Hopkins Tim Keating Assistant City Manager HBFA Vice President / By: By: 1 Marissa Sur Ferrone Law Group Director of Human Resources APPROVED AS TO FORM: Michael Gates City Attorney COUNTERPART Res. No. 2024-57 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, 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 November 19, 2024 by the following vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, Kalmick NOES: None ABSENT: None ABSTAIN: None AligH4L, 9-471igni4Attd City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California