HomeMy WebLinkAbout27-Human Resources
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: LINN LIVINGSTON
Subject: Resolution approving a side
letter to Resolution No. 1999-154,
implementing an MOU between the
City of San Bernardino and
employees in the Fire Safety
bargaining unit represented by San
Bernardino City Professional
Firefighters
MICC Meeting Date: March 15,2004
Dept: HUMAN RESOURCES
Date: MARCH 3, 2004
OR\G\Nf\l
Synopsis of Previous Council Action:
May 9, 2001 - The Mayor and Common Council adopted Resolution No. 2001-93, a
Resolution of the City of San Bernardino approving a Side Letter to Resolution No.
1999-154, implementing a Memorandum of Understanding between the City of San
Bernardino and employees in the Fire Safety Unit represented by the San Bernardino
City Professional Firefighters.
Recommended Motion:
.'
Adopt Resolution.
/,
'.iYH'~ {1}~~-::!eS~ .b(jcllfff--
(./ Signat
Contact person:
Phone:
Supporting data attached:
Ward:
FUNDING REQUIREMENTS: Amount:
$4,688,100 (5 vear cost)
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
\2CS6~ Zc:o<HL.
Agenda Item No,
J.7
3/15/D4
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution approving a Side Letter to Resolution No. 1999-154, implementing an MOU between
the City of San Bernardino and employees in the Fire Safety bargaining unit represented by San
Bernardino City Professional Firefighters.
Backgrouud:
The National Fire Protection Association (NFP A) standard 1710 concerns personnel deployment
and response times to fires and medical emergencies. The NFP A recently issued a
recommendation that all fire apparatus (fire engines and ladder trucks) be staffed with a four-
person company. Although NFP A 1710 is not a law nor a federally mandated regulation, this
level of service to the community is a long-range goal of the City. However, it is incumbent upon
the City to implement any additional staffing in a fiscally responsible manner, particularly during
these difficult economic times.
This side letter, which is effective through June 30, 2009, would initiate the hiring of additional
staff towards the City's long-range goal. Specifically, the side letter provides three (3) new
positions to be hired in the department at the same time the Verdemont Fire Station opens with
nine (9) positions. It is estimated that the station will open in January 2005.
Beginning in Fiscal Year 06/07 the side letter provides for three (3) additional positions to be
added each year, for a total of nine (9) positions. Under Section B. of the side letter, the proposed
staffing additions may be postponed by one fiscal year if any significant budgetary issues arise as
defined in the attached side letter. Furthermore, the language in the side letter provides the City
protection from requiring additional positions when the budget will not support them. Delays in
adding positions must be approved by the Mayor and Common Council.
Effective fiscal year 05/06, the City will provide .5% ofthe estimated Fire Safety salary costs
each fiscal year to be used for firefighter training.
Total cost for the side letter over five years is $4,688,100.
Financial Impact:
The costs for the side letter are:
FY 2004-05
FY 2005-06
FY 2006-07
FY 2007-08
FY 2008-09
$ 220,000
$ 452,400
$ 874,600
$1,324,600
$1,816,500
Total cost for five years: $4,688, I 00
Recommendation:
Adopt Resolution.
Attachments:
Firefighter Side Letter
Cost Summary
HRI Agenda Items:SR.Side.Ltr.Fire.3-04
1
t~~r
Resolution No.
2
3
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A SID
LETTER TO RESOLUTION 1999-154, RESOLUTION IMPLEMENTING
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDIN
AND EMPLOYEES IN THE FIRE SAFETY UNIT REPRESENTED BY THE S
BERNARDINO CITY PROFESSIONAL FIREFIGHTERS, LOCAL 891.
SECTION I: The Mayor and Director of Human Resources are hereby authorized an
4
5
6
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 0
SAN BERNARDINO AS FOLLOWS:
7
8
9
directed to execute on behalf of said City a Side Letter to Resolution 1999-154, amending Articl
10
II, Employer-Employee Relations, by adding a new section, Section 18, Proposed Staffing,
11
copy of which amendment is attached hereto and incorporated herein marked Exhibit A.
12 III
13 III
14 III
15 III
16
III
17
III
18
III
19
III
20
III
21
22 III
23 III
24 III
25 III
'-fl. J1cf
-1- ..8 /; ~
1
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A SID
LETTER TO RESOLUTION 1999-154, RESOLUTION IMPLEMENTING
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDIN
AND EMPLOYEES IN THE FIRE SAFETY UNIT REPRESENTED BY THE SA
BERNARDINO CITY PROFESSIONAL FIREFIGHTERS, LOCAL 891.
Council of the City of San Bernardino at a
meeting thereof, held on th
2
3
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Commo
5
6
day of
, 2004 by the following vote, to wit:
7
8
COUNCILMEMBERS: AYES NA YES ABSTAIN ABSENT
9 ESTRADA
10 LONGVILLE
11 MC GINNIS
DERRY
12
KELLEY
13
JOHNSON
14 MCCAMMACK
15
Rachel G. Clark, City Clerk
16
The foregoing resolution IS hereby approved this
o
17
18
,2004.
19
20
Judith Valles, Mayor
City of San Bernardino
21
Approved as to form and
Legal content:
22
JAMES F. PENMAN,
City Attorney
23
24
By:
25
H genda ltems:Reso.Side.Ltr.Fire.3-04
-2 -
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, Emplover-Emplovee Relations. Section 18. Proposed Staffinl!:
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 (I) Captain, one (1) Engineer, one (1) Firefighter, and one (1)
ParamediclFirefighter. The City and the Union also agree that the following
proposed staffing additions are necessary in order to facilitate these goals.
1. For the 04/05 fiscal year, the City agrees to open the Verdemont Fire
Station and create twelve (12) additional p05itions in order to facilitate the
staffing goal configuration outlined in Article II, Section l8(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;
3. 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 I, 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:
1. 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 I of3
EXHIBIT A
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;
f. 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 II, 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 of3
SIDE LETTER TO RESOLUTION NO. 1999-154
FOR FIRE SAFETY EMPLOYEES - con't
DATE:
ATTEST:
CITY CLERK
FOR THE CITY:
REPRESENTATIVES OF:
SAN BERNARDINO CITY
PROFESSIONAL FIREFIGHTERS,
LOCAL 891
JUDITH V ALLES, Mayor
LINN LIVINGSTON
Director of Human Resources
HR/ Agenda Items:Side.Ltr.Reso.1999-154
Page 3 of3
~
<1l
E
E
:;)
(fJ
V>
en "<t
0 ro
u a
V> a
Q) 0 N
"2: '"
Cii
".;:; e
"c u
~ <1l
~ '" :;;;
Q)
t
<1l
.<:
U
0
l.L.
(])
(fJ
Q) "<t "" <D "" "<t a a 0
> ": "- "" '" ~ Cl 0 '"
:g 6 6 , .,;
'" "<t "- ~ a
:; ~ "" ~ ~ "" a a 0
E en "" a. "" N "<t <D. N N
0 <D '" 6 6 "" en '" ai
:;) " ~ '" "<t '" ~ '" ~ co
" "" N "" "<t '" ""
ro ~ ~ ""
-0 .... .... .... .... .... '"
I- .... .... ....
"" "" "" co '" a a III
'" '" '" '" ": 0 Cl '"
, cD
en ~ ~ ~ ~ ~ a a
0 ~ ~ ~ ~ co a a N
05 N N "l N en en "". III
0 a a a ci ci ai "<t uj
>- '" '" '" '" "" ~
"<t "<t "<t "<t "'..
l.L. ~
.... .... .... .... .... .... .... .... '"
"" "" "" "- a a ~
"<t ": "<t "- a a N
, ,.; 6 , M
"" <D <D <D a
a a 0 a N a a "<t
;:::: <D. <D <D '" en <D. ""
0 a ci a ai en '" ""
>- ~ ~ "- N
"<t "<t "<t ~
l.L. ~
.... .... .... .... .... .... .... .... '"
N N en a 0 M
en en <D Cl Cl III
"- , , 6 , ...
a <D <D a a
iO <D <D en a a N
N. N "- en "<t. ""
0 N N r-: en N ""
>- en en "- "-
l.L. '" '" co
ffl .... .... .... .... .... .... .... '"
"" '" a M
<D N a '"
<D 6 , , , -.i , 6 , ...
a
Ln a co 0 co
"" '" N M
0 "<t <.0 N
>- ~
"- "- III
l.L. '" ....
.... .... .... .... .... .... .... .... '"
"" 0 a co
'" N , a 0 , N
, , , 6 0
a a a
- '" a a M
.... en en N 0
a "" ai ci
>- ~
a N
l.L. N N
.... .... ffl .... .... .... .... .... '"
V> V> V> V>
c: c: c: c:
0 :8 ~ ~
""
"iii "iii V> en en
g g g g I-
en
~ ~ ~ ~ 0
Q) Q) Q) Q) en en >-
:E :E :E :E en - U
en .!!1
;g g ;g :g 0 0 :; ...J
- - U U <
Q) Q) Q) ~ ~ E 0 I-
~ ~ ~ <1l
"" "" "" "" en ~ 0
- Q) ~
I c: c: c: c: V> " 0 I-
~ ~ ~ ~ 0 - "5.
0 0 0 0 <;; ro "c <1l
~ ~ ~ ~ :J U
en en en en c:
c: g ro "0
'" '" '" '" "c :;) III
"0 U U "0 "c;; '0 c "0
U U "0 "0 ~ "0 C "0
~ ~ ~ ~ I- ~ ~ ~
-
III "c;;
0:: li Qi
en G-, . ~ en U 0 UJ
en -
e 0 VlI
ul-
'"'
~
'"
E
~
~
1ii
"
c.
c.
'"
'"
c
E
1ii
'"
.0
'"
c
0
"0
C
'"
"
'"
'"
"0
C
'"
jj
j
" '"
'"
'" '"
'" Q.
:;
0
c
.3
~
Qi
~
N
.E
c
g
"<n
8.
c
0 c:
~ g
~
Q; <n
0
c. c.
0 Q;
0
M. 0.
M 0
'" 0
~ ""
'" '"
E '"
~ E
~ ~
~ ~
'" ~
" '"
~
'" ;;;
'" 0
ro u
c E
g .E
'0
"0 "c:
4: ::J
~ N
..
..
'0
z
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
March 19,2004
TO:
Dena Peters, Senior Secretary
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2004-82
At the Mayor and Common Council meeting of March 15, 2004, the City of San Bernardino
adopted Resolution 2004-82 - Resolution approving a side letter to Resolution 1999-154,
Resolution implementing a Memorandum of Understanding between the City of San Bernardino
and employees in the Fire Safety Unit, represented by the San Bernardino City Professional
Firefighters, Local 891.
Attached is one (I) original agreement. Please obtain signatures in the appropriate location and
return the original agreement to the City Clerk's Office as soon as possible, to my attention.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
I hereby aCknOWledg~eiPt of the above mentioned documents.
Signed: ~ -!eI~
:J {{Cj(O cf
Please sign and return
Date:
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
March 22, 2004
TO:
Dena Peters, Senior Secretary
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2004-82 - Side Letter to Resolution No. 1999-154
CC:
Veronica Martinez, Senior Secretary
Attached is a fully executed copy of the side letter to Resolution No. 1999-154 (Fir Department
Staffing Levels). The original agreement is on file in the City Clerk's Office.
If you have any questions, please call me at ex!. 3206.
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Vote: Ayes I?) -I) Nays
I
Change to motion to amend original documents 0
y
Abstain
-0
woLh>;?-
Absent ?---
Meeting Date (Date Adopted); 3, -\ S - c'f Item # 2 'I
Resolution #
Companion Resolutions
NulVVoid After:
g
days I ff
Resolution # On Attachments: 0
Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
REcoRD W/COUNTY 0
By:
Date Sent to Mayor: 3 -I (" '0'1
Date of Mayor's Signature; :S -ICe 'O'i
Date of ClerklCDC Signature: 'S - \ 'i -0'1
Reso, Log Updated: ff
Seal Impressed; ~
Date MemolLetter Sent for Signature:
I" Reminder Letter Sent:
?'-\C1 'D'l Date Returned: '322-6"1 Not Returned: 0
2nd Reminder Letter Sent:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985,8234,655,92-389):
Yes v' No
Yes No~
Yes No--.L-
Yes No~
Yes No /
Copies Distributed to:
Animal Control 0 EDA 0
City Administrator 0 Facilities 0
City Attorney I2r Finance ff
Code Compliance 0 Fire Department 0
Development Services 0 Human Resources 12(
Others:
Notes:
Information Services 0
Parks & Recreation 0
Police Department 0
Public Services 0
Water Department 0
3
Ready to File; _
Date;
Revised 12/18/03