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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From:
LINN LIVINGSTON
HUMAN RESOURCES
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Subject: RESOLUTION APPROVING A SIDE
LETTER TO RESOLUTION NO. 2003-253,
IMPLEMENTING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF SAN
BERNARDINO AND EMPLOYEES IN THE
POLICE SAFETY EMPLOYEES BARGAINING
UNIT REPRESENTED BY SAN BERNARDINO
POLICE OFFICERS ASSOCIATION (SBPOA)
Dept.:
Date:
DECEMBER 10, 2003
Synopsis of Previous Council Action:
September 4, 2003 - the Mayor and Common Council approved a resolution of the City of San
Bernardino implementing a Memorandum of Understanding (MOU) between the City of San
Bernardino and employees in the Police Safety employees bargaining unit represented by San
Bernardino Police Officers Association (SBPOA),
Recommended Motion:
Adopt Resolution.
ef~ ~+
Signature
Contact Person:
Phone:
Supporting Data Attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct No)
(Acet Description)
Finance:
Council Notes:
Agenda Item No.
ILI/5/03
53 {
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CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT
Resolution approving a side letter to Resolution No. 2003-253, implementing a Memorandum of
Understanding between the City of San Bernardino and employees in the Police Safety
employees bargaining unit represented by San Bernardino Police Officers Association (SBPOA).
BACKGROUND
The attached side letter clarifies the language in Article III, Section 2, Subsection B, for the
purpose of conducting an actuarial study.
On September 4,2003, the Mayor and Common Council approved a resolution of the City of San
Bernardino implementing a Memorandum of Understanding (MOV) between the City of San
Bernardino and employees in the Police Safety employees bargaining unit represented by San
Bernardino Police Officers Association (SBPOA). The MOU added the following language to
Article III, Section 2, Subsection B:
"Effective as soon as possible following adoption of the MOU, the City agreed to
establish a tax-qualified defined benefit plan to provide supplemental retirement
benefits based on the difference between CalPERS' 3% @ 55 Plan and 3% @ 50
Plan for employees with 20 or more years of service as of January 1, 2004. For
the term of the agreement, the costs associated with this plan will be paid by the
City. The employees' share of ongoing costs will be subject to negotiations on a
successor MOU."
FINANCIAL IMPACT
This agenda item is for clarification purposes. There is no financial impact.
RECOMMENDATION
Adopt Resolution.
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ResfC/02 ~ Y1
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A SID
LETTER TO RESOLUTION NO. 2003-253, IMPLEMENTING A MEMORANDUM 0
UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEES
THE POLICE SAFETY EMPLOYEES' BARGAINING UNIT OF THE CITY OF SA
BERNARDINO REPRESENTED BY SAN BERNARDINO POLICE OFFICERS'
ASSOCIATION (SBPOA).
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 0
SAN BERNARDINO AS FOLLOWS:
SECTION I: The Mayor of the City of San Bernardino and the Director of Hum
Resources are hereby authorized and directed to execute on behalf of said City a Side Letter t
Resolution No. 2003-329, clarifying the language in Article III, Section 2, Subsection B
PERSlRetirement Plan, of the Police Safety Employees Memorandum of Understanding, a cop
of which is attached hereto and incorporated herein marked Exhibit A.
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III
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18 III
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20 III
21 III
22 III
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III
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III
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III
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RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A SID
LETTER TO RESOLUTION NO. 2003-253, IMPLEMENTING A MEMORANDUM 0
UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEES
THE POLICE SAFETY EMPLOYEES' BARGAINING UNIT OF THE CITY OF S
BERNARDINO REPRESENTED BY SAN BERNARDINO POLICE OFFICERS'
ASSOCIATION (SBPOA).
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5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Cornrno
6 Council of the City of San Bernardino at a
meeting thereof, held on th
7 day of
8 COUNCILMEMBERS: AYES
9 ESTRADA
10 LIEN-LONGVILLE
MC GINNIS
II
DERRY
12 SUAREZ
. 13 ANDERSON
MC CAMMACK
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, 2003, by the following vote, to wit:
NA YES
ABSTAIN ABSENT
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Rachel G. Clark, City Clerk
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The foregoing resolution IS hereby approved this
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,2003.
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Judith Valles, Mayor
City of San Bernardino
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Approved as to form and
Legal content:
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JAMES F. PENMAN,
City Attorney
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By: T. /e ./:'/~. _
HRI en a Items:Reso.Poliee.3%@50.B
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SIDE LETTER TO RESOLUTION NO. 2003-253
FOR POLICE SAFETY EMPLOYEES
The following sets forth a Side Letter to Resolution No. 2003-253, for full-time, regular
active Police Safety Employees. This Side Letter clarifies the language in Article III,
Section 2, Subsection B, PERSlRetirement Plan, ofthe Police Safety Employees
Memorandum of Understanding, effective January 1, 2003 to December 31, 2005.
Article III. Section 2. Subsection B. PERS/Retirement Plan:
(CLARIFICA nON)
To qualify for supplemental retirement benefits based on the difference between
CalPERS 3% @ 55 Plan and 3% @ 50 Plan, employees must meet all of the following
qualifications between January 1,2004 and prior to December 31, 2005. The benefit will
be effective January 1, 2004.
. Must be 50 years of age;
. Have 20 or more years of service with the City of San Bernardino; and
. Be eligible for retirement and concurrently retire with PERS; or
. Meets the eligibility requirements for an industrial disability retirement with the
City of San Bernardino
When retiring, employees must retire from the City of San Bernardino.
DATE:
/d-//I /03
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DATE: p.';;~/C,;;
FOR THE CITY:
Representatives of
POLICE SAFETY EMPLOYEES:
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Director of Human Resources
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): \2-15'.0'3, Item #
Vote: Ayes -2.-'1 Nays -B-
Change to motion to amend original documents:
S _::S Resolution #
Abstain ~
'Zco3- 3k>3
Absent \
Reso. # On Attachments: / Contract term: -
Note on Resolution of Attachment stored separately:=--
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By:
NulVVoid After:
Date Sent to Mayor: I? - n -0 ~
Date of Mayor's Signature: \~- \ ((:-<l 3
Date ofClerk/CDC Signature: \ ~-, '(_c~
Reso. Log Updated:
Seal Impressed:
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Date Memo/Letter l:)em [Vi S:!,flatnro..
See Attached:
Date Returned:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
;)",,,,, !.ttlched:
See Attached:
Request for Council Action & Staff Report Attached: Yes~
Updated Prior Resolutions (Other Than Below): Yes
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Yes
Updated CDC Personnel Folders (5557): Yes
Updated Traffic Folders (3985,8234,655,92-389): Yes
No
No .-/'
By
By_
No~ B
NO--5 B _
No_ ij _
Copies Distrib,/o:
City Attorney Code Compliance
Dev. Services
EDA
Finance
Others: H.:z. .
MIS
Parks & Rec.
Police
Public Services
Water
Notes:
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.l
Ready to File: _
Date:
Revised 01/12/01