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Resolution No. 2004-82
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A SIDE
LETTER TO RESOLUTION 1999-154, RESOLUTION IMPLEMENTING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINC
AND EMPLOYEES IN THE FIRE SAFETY UNIT REPRESENTED BY THE SAN
BERNARDINO CITY PROFESSIONAL FIREFIGHTERS, LOCAL 891.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1: The Mayor and Director of Human Resources are hereby authorized and
directed to execute on behalf of said City a Side Letter to Resolution 1999-154, amending Article
II, Employer -Employee Relations, by adding a new section, Section 18, Proposed Staffing,
copy of which amendment is attached hereto and incorporated herein marked Exhibit A.
-1-
2004-82
1 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A S
LETTER TO RESOLUTION 1999-154, RESOLUTION IMPLEMENTING
2 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARD_
AND EMPLOYEES IN THE FIRE SAFETY UNIT REPRESENTED BY THE 15
3 BERNARDINO CITY PROFESSIONAL FIREFIGHTERS, LOCAL 891.
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Corm
5
Council of the City of San Bernardino at a joint regular meeting thereof, held on
6
15 th day of March 2004 by the following vote, to wit:
7
8
COUNCILMEMBERS: AYES NAYES ABSTAIN ABSENT
9 ESTRADA x
10 LONGVILLE x
11 MC GINNIS x
DERRY x
12
KELLEY x
13
JOHNSON x
14 MC CAMMACK x
15 �.
Rac el G. Clark, City Clerk
16
The foregoing resolution is hereby approved this /6 TW
17
March 2004.
18
19 J t a es, Mayor
20 it of San Bernardino
Approved as to form and
21 Legal content:
zz JAMES F. PENMAN,
City Attorney
23
24 By: c�il�tiyr
2s
H genda Items:Reso.Side.Ltr.Fire.3-04
2-
2004-82
SIDE LETTER TO RESOLUTION NO. 1999-154
FOR FIRE SAFETY EMPLOYEES
The following sets forth the Side Letter to Resolution No. 1999-154 for full-time, regular,
active Fire Safety Employees. The term of this Side Letter shall be from 2004,
to June 30, 2009. Following expiration of this Side Letter, the City and the Union agree to reopen
this Side Letter for the purposes of discussing staffing levels in the Fire Department.
Article II, Employer -Employee Relations, Section 18, Proposed Staffine
A. The City of San Bernardino (hereinafter "City") and the San Bernardino City
Professional Firefighters, Local 891 (hereinafter "Union"), agree that the goal of
the City is to staff all fire apparatus (fire engines and ladder trucks) with a
minimum of one (1) Captain, one (1) Engineer, one (1) Firefighter, and one (1)
Paramedic/Firefighter. The City and the Union also agree that the following
proposed staffing additions are necessary in order to facilitate these goals.
For the 04/05 fiscal year, the City agrees to open the Verdemont Fire
Station and create twelve (12) additional positions in order to facilitate the
staffing goal configuration outlined in Article II, Section 18(A). The
timing of such additions shall be tied to the opening of the Verdemont Fire
Station. The City agrees to exercise its best effort to have bids for the
construction of the Verdemont Fire Station awarded on March 15, 2004.
The City shall make its best efforts to open the Verdemont Fire Station on
or about January 1, 2005;
2. For the 06/07 fiscal year, the City agrees to the addition of three (3)
firefighter positions on July 1, 2006;
For the 07/08 fiscal year, the City agrees to the addition of three (3)
firefighter positions on July 1, 2007;
4. For the 08/09 fiscal year, the City agrees to the addition of three (3)
firefighter positions on July 1, 2008.
B. Notwithstanding the provisions set forth in Article II, Section 18(A), the proposed
staffing additions may be postponed by one fiscal year commencing fiscal year
06/07 if any of the following occur:
The City's actual General Fund expenditures and revenues for the
subsequent given fiscal year being budgeted create a financial anomaly as
outlined below:
a. Unfunded state mandates that create a substantial financial
anomaly;
Page 1 of 3
EXHIBIT A
2004-82
SIDE LETTER TO RESOLUTION NO. 1999-154
FOR FIRE SAFETY EMPLOYEES — con't
b. Voter -approved changes to the City's Charter that create a
substantial financial anomaly;
C. Litigation that would create a substantial financial anomaly;
d. Federal, State or County fees and/or take-aways that create a
substantial financial anomaly;
e. Natural disaster or other catastrophic event over which the City has
little or no control, e.g., economic recession and/or depression,
terrorist attack, act of war, which creates a substantial financial
anomaly;
Any other negative budget event that creates a financial anomaly.
2. If the City's Budget Reserve must be used to balance the City's budget
(including staffing required by this MOU) causing the City's undesignated
Budget Reserve to fall below 5% of the total General Fund deductions.
C. At the sole discretion of the Mayor and Common Council, the City may exceed
the hiring schedule outlined in Article II, Section 18 (A) in order to staff
additional existing apparatus with the four (4) person configuration.
In the event of a postponement, the implementation schedule set forth in Article
II, Section 18(A) shall move forward a period of time equal to the period of such
postponement.
D. If any of the circumstances set forth in Article II, Section 18(B) occur, both the
City and the Union agree that the staffing requirements set forth in this MOU
shall be reopened for the purpose of negotiating possible strategies for
maintaining the fiscal year staffing additions as scheduled in Article H, Section
18(A). If the City and Union cannot agree on a solution concerning these fiscal
year staffing additions to the Fire Department's staff, the staffing schedule set
forth above in Article II, Section 18(A) shall be postponed upon approval of the
Mayor and Common Council of the City. Nothing in this MOU shall restrict the
ability of the Mayor and Common Council to reduce the Fire Department's
budget, if necessary, to help balance the City's budget for any fiscal year.
E. Beginning fiscal year 05/06, the City shall budget .5% of the estimated Fire
Safety salary costs for that fiscal year and each fiscal year thereafter (not
including benefits or overtime) to be used for firefighter training in that given
fiscal year, with the type of such training to be at the discretion of the Fire Chief.
Funds cannot be carried over from year to year without approval of the Mayor and
Common Council.
Page 2 of 3
2004-82
SIDE LETTER TO RESOLUTION NO. 1999-154
FOR FIRE SAFETY EMPLOYEES - con't
DATE: �� ATTEST: b
TY CLERK
FOR THE CITY:
liJ �
LINN LIVINGSTON
Director of Human Resources
HR/Agenda Items: Side.Ltr.Reso. 1999-154
REPRESENTATIVES OF:
SAN BERNARDINO CITY
PROFESSIONAL FIREFIGHTERS,
LOCAL 891
Page 3 of 3
2004-82
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