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HomeMy WebLinkAboutCC Res 2710 1977-11-14 I I I " . : .. RESOLUTION NUMBER c:l7/t!) . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTER CITY, ESTABLISHING SALARY RATES, A SALARY AND WAGE SCHEDULE, AUTHORIZING THE IMPLEMENTATION OF CERTAIN ~lPLOYEE BENEFITS FOR THE FIRE DEPARTMENT, AND REPEALING, ON THE EFFECTIVE DATES SPECIFIED, ALL RESOLUTIONS IN 'CONFLICT THEREWITH. THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. The salary schedule as shown on Appendix A attached hereto and made a part hereof for each salary range andlor hourly rate 'of pay shall constitute the basic compensation and pay plan for all positions of pay in each salary range for full time positions in the fire department. The respective ranges are identified by number and the salary steps within each range by the letters "A" to "E" inclusive. The columnar headings at the top of each column establish the minimum length of service required for advancement to the next higher salary step. The salary schedule hereinafter shown is based on a regular weekly work schedule for forty (40) hours except for employees of the fire department assigned on fire suppression, firefighting, and/or dispatching duties where the regular weekly work schedule is based on fifty-six (56) hours per week. The equivalent hourly rate for a fifty (50) hour per week position may be computed by dividing the monthly rate by 242.6. Section 2. The salary schedule for each position classification is indicated in Appendix A attached hereto and made a part hereof, which indicates "A" through "E" steps of each classified position, in terms of a monthly salary rate for classified positions and the effective dates of each, if any increase. Section 3. The Memorandum of Understanding between the City of Seal Beach and the Seal Beach Fire Fighters Association is indicated in Appendix B, and is attached hereto and made a part hereof. Upon adoption of this resolution, the wage increases, employee benefits and working conditions contained in Appendix B are effective upon the dates specified in Appendixes A and B. Section 4. The provisions of this resolution relating to salary rates shall become effective as listed in Appendix A. PASSED, APPROVED, AND ADOPTED by the City Coun~il~f the Ci~ Seal Be~ Calif.ornia, at a meeting there held on the ~ - day of j.- ,hI 1977, by the following vote: " fa AYES: Council Members NOES: ABSENT: Counci 1 14embers Council Members ~!:6~__ Mayor AT'f"~' :: ? '." " ., \ ........._ l"'. ... ..- -.. , ...~ ,":'" -:" ,~""........ ......-"to. .... . ,-, r.., "'- ;, "," ;,\....~ . , . . '- : - ..... : - , ~: . - ~ ." "t04 - Resolution Number . APPENDIX A The following salary adjustments shall be made in each affected Fire Department employee's base salary rate on the first day of the payroll period following the adjustment dates shown below. The effective date of a step increase is based upon completion of service as indicated below, but may be calculated I from the first day of the earnings period preceding the effective date. THE FDllOWING SALARIES SHAll BECOME EFFECTIVE THE FIRST DAY OF THE PAYROll PERIOD FOllOWING AUGUST 1, 1977: After After After After 6 mos. 1 yr. 1 yr. 1 yr. longer longer longer longer in class in class in class in class CLASSIFICATION A B C D E Firefighter /1/0/J.c., 1282 1346 1159 1170 1228 Fire Engineer 1202 1262 1325 1391 1461 Fire Paramedic 1233 1295 1359 1427 1498 Fire Captain 1387 1456 1520 1597 1677 THE FIRST DAY OF THE PAYROll PERIOD FOllOWING FEBRUARY 1, 1978: A B C D E Firefighter 1154 1211 1271 1327 1393 Fire Engineer 1244 1306 1371 1440 1512 I Fire Paramedic 1276 1340 1407 1477 1550 Fire Captain 1435 1507 1573 1653 1736 THE FIRST DAY OF THE PAYROll PERIOD FOllOWING AUGUST I, 1978: A B C D E Firefighter 1212 1273 1335 1393 1463 Fire Engineer 1306 1371 1440 1512 1588 Fire Paramedic 1340 1407 1477 1550 1628 Fire Captain 1507 1582 1652 1736 1823 THE FIRST DAY OF THE PAYROll PERIOD FOllOWING FEBRUARY I, 1979: A B C D E Firefighter 1254 1318 1382 1442 1514 Fire Engineer 1352 1419 1490 1565 1644 Fi re Paramedic 1387 1456 1529 1604 1685 Fire Captain 1560 1637 1710 1797 1887 I THE FIRST DAY OF THE PAYROll PERIOD FOllOWING AUGUST I, 1980: A B C D E Firefighter 1317 1383 1451 1514 1590 Fire Engineer 1419 1490 1565 1644 1726 Fire Paramedic 1456 1529 1604 1685 1769 Fire Captain 1637 H-Hl- 1797 1887 1981 /7/4o,c. I I I " - Resolution NumBer '. ': " MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING IS BY AND BETWEEN THE MANAGEMENT REPRESENTATIVES OF THE CITY OF SEAL BEACH, hereinafter referred to as "Management" and THE SEAL BEACH FIREFIGHTERS ASSOCIATION, as Association of Fire Apprentices, Fire- fighters, Fire Engineers, Fire Paramedics and Fire Captains of the City of Seal Beach, hereinafter referred to as "Association". WHEREAS, Association petitioned City in accordance with provisions of Ordinance Number 769, and was granted certification as a recognized employee organization representing all full-time Fire Apprentices, Firefighters, Fire Engineers, Fire Paramedics and Fire Captains of the City; and WHEREAS, the duly appointed, recognized employee representatives of Association and Management representatives representing the City of Seal Beach have met and conferred in good faith on numerous occasions concerning wages, hours and terms and conditions of employment in conformance with the terms, conditions and provisions of Ordinance Number 769 and State Law; and WHEREAS, Association and the Management representatives have mutually agreed to recommend to the City Council of the City of Seal Beach all the terms, .conditions, hours and wages pertaining to employment with City for those employees represented by Association, as set forth in this Memorandum of Understanding. Appropriate ordinances, resolutions or other lawful actions shall be taken adopting and implementing provisions of thi.s ~ _ Memorandum of Understanding as approved by the City Council. . Section I. Management Rights The City reserves, retains, and is vested with and is further encumbered by all rights and responsibilities of management as those rights are set forth in California statutory and case law, with specific, although not exclusive reference, being made to California Government Code S3500 et seq, known as the Meyers-Milias- Borwn Act. The City shall have the exclusive right to determine the merits, necessity or organization of any service or activity provided by the City which shall specifically but not be limited to include the following: 1. The right to manage the City generally and to determine those issues of policy which involve the merits, necessity or organization of the City's service. 2. The right to determine the existence or non-existence of facts which are the basis of the management decision which deal solely with the merits, necessity or organization of the City's service. 3. The right to determine methods of financing. 4. The right to discharge, suspend, demote, reprimand withhold salary increases, and demerits as means of discipline or otherwise discipline employees for cause. However, with respect to implementing the Management Rights listed below, the City recognizes that the Meyers-Milias-Brown Act, applicable Memorandum of Understanding andlor other state statutory and case law as it may from time to time exist, may requtre the City to meet and confer before performing the actions listed below in paragraph 5-16, or to refrain from performing those actions. ~ I I I " . ~ ~ Resolution Number . . . Memorandum 'of Understanding Seal Beach Fire-Fighters Association Page Two 5. To determine the nature, manner, means, and technology, and extent of services to be provided to the public. 6. To determine types equipment or technology to be used. 7. To determine and/or change the facilities, methods, technology, means, organizational structure and size and composition of the work force. 8. To determine and change the number of locations, relocations, and types of operations, processes and materials to be u~ed, in carrying out all City functions including, but not limited to, the rightto contract for or subcqntract any work or operation of the City. 9. To assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules, and assignments. 10. To layoff employees from duties because of lack of work or funds, or under conditions where continued work would be ineffective or non-productive in accordance with established plan. 11. To establish and modify productivity and performance programs and standards. 12. To determine minimum qualifications, skills, abilities, knowledges, selection procedures and standards, job classifications and to reclassify employees in accordance with applicable Memorandum of Understanding and applicable resolution and code of the City to hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with applicable Memorandum of Understanding and applicable resolutions and codes of the City. 13. To determine policies, procedures and standards for selection, training and promotion of employees with applicable Memorandum of Understanding and applicable resolution and codes of the City. 14. To maintain order and efficiency in its facilities and operations. To establish and promulgate and/or modify rules and regulations to maintain order and safety and health in the City which are not in contravention with this agreement. 15. To restrict the activity of an employee organization on municipal property and on municipal time except as set forth in applicable Memorandum of Understanding and pursuant first and fourteenth amendment rights granted to public employees, 16. To take any and all necessary action to carry out the mission of the Agency in emergencies. An emergency shall be defined as an unforeseen combination of circumstances or a resulting state that calls for an immediate action. Section 2. Effective Date. This Memorandum of Understanding shall be effective by and between Management and Association upon execution by Management and the required number of the duly authorized recognized representatives of Association. Section 3. Term of Memorandum of Understanding. This Memorandum of Understanding shall remain in full force and effect until midnight, August 1, 1980. I I I Resolution Number' . Memorandum of Understanding Seal Beach Fire-Fighters Association Page Three Section 4. Salaries and Wages. A. The following salary adjustments shall be made in each affected Fire Department employee's base salary rate on the first day of the payroll period following the adjustment dates shown below: B. Effective the first day of the payroll period, following August 1, 1977, the base salary of each affected employee shall be increased by five percent (5%). C. Effective the payroll period immediately following February 1, 1978, the base salary of each affected employee shall be increased by three and one- half percent (3~%). D. Effective the payroll period immediately following August I, 1978, the then existing base salary of each affected employee shall be increased by five percent (5%). E. Effective the payroll period immediately following February I, 1979 the then existing base salary of each affected employee shall be increased by three and one-half percent (3~%). F. Effective the payroll period immediately following August 1, 1979 the then existing base salary of each affected employee shall be increased by five percent (5%). Section 5. Retirement. The existing retirement program for affected employees will be amended to provide for discretionary retirement at age fifty, the member to receive a retirement of two percent (2%) of his final compensation for each year of service, as provided by Section 21252.01 of the California Government Code, together with the following amendments to said newly instituted plan: A. Option to "buy-back" prior military service as provided by Section 20930.3 of the California Government Code. B. A widow's allowance of one-half (~) of the member's retirement benefits upon his death, as provided by Section 21263 of the California Government Code. C. All optional benefits, not specifically described herein, under 2% at 55 current plan shall also apply to newly instated plan. D. Each of the above described requirement amendments shall be effective July 31, 1980. Section 6. Uniform Allowance. A. Effective August 1, 1977, the City will provide to each affected employee a uniform allowance of two hundred forty dollars ($240) per year. B. Effective August 1, 1978, the City will provide to each affected employee a uniform allowance of two hundred seventy dollars ($270) per year. C. Effective August I, 1979, the City will provide to each affected employee a uniform allowance of three hundred dollars ($300) per year. Section 7. Dental Insurance. The City will provide for each affected employee and each employee's dependents, the Orange County Fire Fighters Association Group Plan. ' For the duration of .this ,Memorandum of Understanding, the City will provide' said dental plan and will continue to provide complete employee and dependent ' premium coverage. I I I . Resolution Number , . Memorandum of Understanding Seal Beach Fire-Fighters Association Page Four Section 7. (continued) Each affected employee has the option to enroll in the Cal Dent Plan, providing the employee bears any cost which is in addition to the cost of the Orange County Fire-Fighters Association Group Plan. Section 8. Health Insurance. A. Administration The City reserves the right to select, change, administer, or fund any fringe benefits programs involving,'lnsurance that now exists or may exist in the future during the term of this Memorandum of Understanding. B. Selection and Funding. In the administration of fringe benefits programs involving insurance, the City shall have the right to select any insurance carrier or other method providing coverage to fund the benefits provided hereinafter during the term of this Memorandum of Understanding. C. ChanQes. Provlded however that the City shall notify the Association prior to any change of insurance carrier or method of funding coverage for any fringe benefits provided hereinafter during the term of - Memorandum of Understanding. No changes in insurance carrier or methods of funding coverage shall result in the reduction of benefits to any employee covered by this agreement. Irrespective of the carrier or plan in effect from time to time. D. Coverage. The health insurance coverage in existence at the time of adoption of this Memorandum of Understanding will be continued for the duration of this Memorandum of Understanding, with the City continuing to provide full employee and dependent premium coverage during the term of this Memorandum of Understanding. Section 9, Move Up Compensation. For each hourly period that an affected employee performs duties of the next higher classification, then such affected employee shall receive compensation in addition to his/her base pay, as follows: Firefighter to Engineer Firefighter to Captain Engineer to Captain Engineer to Battalion Chief Captain to Battalion Chief Captain to Assistant Chief 5% 7.5% 5% 7.5% 5% 7.5% Paramedic to Captain 5% Paramedic to Battalion Chief 7.5% Should such affected employee perform hislher duties in a classified position two ranks above the normal classification, that individual will receive compensation in the amount of seven and one-half percent (7~) above hislher then-existing base salary. Section 10. Compensator~ Time Off. Each affected employee shall be entitled to accrue a maximum of one hundred hours of compensatory time off computed at straight time. Said comp time off shall be utilized at the request and convenience of the affected employee, subject to reasonable administrative approval. Comp time accumulated in excess of one hundred hours shall be paid at straight time. I I I . . . ", , " Resolution Numqer , , Memorandum'of Understanding Seal Beach Fire-Fighters Association Page Five Section 11. Holiday Compensation. Each affected employee shall be compensated at the rate of one and one-half times the normal hourly compensation for the eight, twenty-four hour holidays provided. At the affected employees option such holiday compensation shall be in the form of cash or comp time off. Section 12, Vacation Compensation. Each employee shall accrue an additional hour per month toward vacation time, over and above his present level of accumulation. Section 13. Elimination of Existing Benefits. Association agrees to eliminate the following programs: A. Holiday Time: Fire Department employees no longer accumulate 120 hours per,year of holiday time. Any holiday time existing in departmental records for affected employees, shall be used by the end of the term of this Memorandum of Understanding. During the first two years of this agreement, affected employees shall attempt to take time off to eliminate accumulative holiday time. During the third year, the Fire Chief shall have the right to schedule remaining holiday time off on any basis he or she chooses. In no instance shall an employee loose any accumulated holiday time. B. Annual physical examination, incentive program ($35 toward physicals). C. Tuition and book reimbursement program. Section 14. Maintenance of Existing Benefits. Except as provided herein, all wages, hours and other terms and conditions of employment presently enjoyed by affected employees shall remain in full force and effect until the preparation and acceptance by all appropriate parties of the "master agreement" as described in Section 15. Section 15. Amendment of Section 14. Effective April 1, 1978, or as soon thereafter as practical, those wages, hours and other terms and conditions of employment referred to in Section 14 shall be set forth in a master contract which specifically names the wages, hours and terms and conditions of employment enjoyed by affected employees as of August 1, 1977. The City and the Association shall jointly compile the master contract in order to assure its accuracy. Any disputes as to what constitutes terms and conditions of employment shall be submitted to non-binding arbitration before an American Arbitration Association arbitrator. The arbitrator shall be chosen by the City and the Association requesting a list of seven names, with the parties alternately striking a name until one remains. This individual shall be the arbitrator. The cost of arbitration shall be born equally by the City and the Association. The April 1, 1978 guideline which is set forth in Section 14, is merely a target date and can be extended upon with mutual agreement of the parties or upon the impracticality of compiling the master contract by that time. , . . , ,. ... Resolution Number : . ..... "ii Memorandum'of Understanding Seal Beach Fire-Fighters Association Page Six I Section 16. Separability. If any provision of the Memorandum of Understanding, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of the Memorandum of Understanding, or the application of such provision to persons'or circumstances other than those as to which it is held invalid, shall not be affected thereby. Date II ;', /17 , ~~ SEAL BEACH FIREFIGHTERS ASSOCIATION ~/!' ~ Date /~ h/' I j};:!ttJti~~~ Date I~Y77 11/11/77 Date AJ's tlf'- f7 ~tJ# I I Date /1/11/77 / / / .1 'I 1 I Resolution Number DESCRIPTION All that certain land situated in the State of California, County of Orange, City of Seal Beach, described as follows: Commencing at the intersection of the Northerly line of the Pacific Electric Railway Company's right-of-way with the Southerly line of Section 11, Township 5 South, Range 12 West, S.B.B. & M., records of said Orange County; thence North 420 18' West along the Northerly line of said Pacific Electric Railway Company's right-of-way 1247.61 feet to a point which is the True Point of Beginning of this description; said point being on the Westerly line gf the Rancho Los Alamitos; thence along said Westerly line North 54 45' East 301.13 feet to the most Westerly corner of Tract No. 6345 as per Map recorded in book 243 at pages 27, 28 and 29 of Miscellaneous Maps, in tge office of the County Recorder of said Orange County; thence South 42 20' 40" East along the Southwesterly lines of Lots A, 42 and B of said Tract No. 6345 a distance of 432.69 feet; thence continuing along the extension of said Southwesterly 1iBe 14.05 feet to the Southeasterly line of said Lot B; thence South 47 39' 20" West along the Southeasterly line of said Lot B and the Southwesterly extension thereof to Southwesterly line of the Northeasterly 30 feet of a strip of land 100 feet in width, being a portion of the land conveyed to the Pacific Electric Railway Company by deed recorded November 10, 1903 in Book 92, page 549 of Deeds, records of Orange County, California; thence North 42 18' West along said Southwesterly line 487.97 feet to the Westerly line of Rancho Los Alamitos; thence along said Westerly line 30.23 feet to the True Point of Beginning. Excepting therefrom all oil, gas, other hydrocarbon substances and minerals in and under said land that may be produced from a depth of 500 feet below the surface of said land, without right of entry on said land for the purpose of mining, drilling, exploring, or extracting such oil, gas, other hydrocarbon substances,or minerals, or other use of, or rights in, or to any portion of the surface of said land to a depth of 500 feet below the surface thereof, but with the right to drill into, locate wells, produce oil, gas, other hydrocarbon substances and minerals from any portion of said land which lies below 500 feet from the surface thereof. Excepting therefrom streets and rights-of-way as shown on the Tentative Map for Tract No. 9814 as approved by Resolution No. 2664 of the City Council of the City of Seal Beach on May 9, 1977. EXHIBIT "A"