HomeMy WebLinkAboutReso 19-1977 RESOLUTION NO. 19-77
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION ACCEPTING AND APPROVING
AMENDMENT 1-77 TO THE MEMORANDUM OF
UNDERSTANDING ENTITLED "MEMORANDUM OF
UNDERSTANDING, UNIT I - MANAGEMENT,
JULY 1, 1975 - JUNE 30, 1978,EXCEPT
- FOR SURVIVING PROVISIONS.
BE IT RESOLVED '~by the City Council of the City of South San
Francisco that:
1. Amendment 1-77 to the Memorandum of Understanding, Unit 1,
Management, July 1, 1975- June 30, 1978, Except for Surviving Provisions,
accepted and approved June 30, 1975, by Resolution No. 85-75 entitled "A
Resolution Accepting and Approving Memorandum of Understanding, Unit i -
Management, July 1, 1975 - June 30, 1978," is here accepted and approved,
and a copy of said Amendment is attached hereto as Exhibit "A".
2. The City Clerk be and he is hereby authorized to make the
following entry on ~the Memorandum of Understanding, Unit I - Management,
July 1, 1975 - June 30, 1978, Except for Surviving Provisions: "Reference
is hereby made to Amendment 1-77 which amends this Memorandum of Under-
standing with respect to Fire Department members of Unit I related to a
new base salary and retirement benefits."
I hereby certify that the foregoing Resolution was regularly introduced
and adopted by the City Council of the City of South San FranCisco at a
regular meeting, held on the 16th day of February , 1977,
by the following vote:
AYES, COUNCILMEN William A. Borba, Emanuele N. Samonte, Terry J. Mirri
and Leo Padreddii
lo
NOES, COUNCILMEN Richard A. Battaglia
ABSENT, ,, None
ATTEST: ~~.,., ~-~*r~'
City Clerk
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Iii: I Il"'
Resol ution No. 19-77
Passed February 16, 1977
EXHIBIT "A''°
AMENDMENT 1-77
MEMORANDUM OF UNDERSTANDING
UNIT 1 - MANAGEMENT
JULY 1, 1975- JUNE 30, 1978
Except for Surviving Provisions
~
The City of South San Francisco (hereinafter, City) and Unit I -
Management ('hereinafter, Unit 1), acknowledge and affirm that they have met
and conferred in good faith, exchanged proposals and counter-proposals and
in all respects fulfilled their obligations under law to meet and confer in
good faith regarding the Amendment 1-77 to the Memorandum of Understanding -
Management, July 1, 1975 - June 30, 1978, approved by Council Resolution No.
85-75, adopted June 30, 1975.
This Amendment to the Memorandum of Understanding is the product
of the above-described meet and confer process. Representatives of the City
have agreed to present this Memorandum to the City Council for determination
and representatives of Unit 1 have agreed to present this Memorandum to their
membership fOr acceptance and approval.
1. Term. The term of this Amendment to the Memorandum of Under-
standing shall be from July 1, 1977, to June 30, 1978, except for the surviv-
ing provisions hereinafter set forth.
2. Retirement and Salary Relationship - Total Compensation.
Fire Department members of Unit 1 desire to obtain the substantial benefits
of the 2% @ Age 50 Public Safety Retirement Formula by having City amend
the PERS agency contract to so provide. City does not desire to so amend
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because (1) City now provides the ½ @ Age 55 Public Safety Retirement
Formula which includes Fire Department members of-Unit 1, and Unit 6;
Fire Department personnel not presently members of said Units; and future
public safety Fire Department personnel, all at an agency contribution
rate City is presently willing to pay when considered in relation to cost
of salaries and other benefits which constitute total compensation, and
(2) in accordance with applicable retirement laws, such amendment will cause
City to incur an increase in the agency contribution rate for all public
safety personnel (fire and police), which increase in cost of total compen-
sation (including but not limited to salaries, retirement and other benefits)
City is unwilling to incur. Members of Unit 1, for the purpose of establish-
ing a reasonable City cost for said total compensation, and, therefore, to
induce City to so amend the PERS contract (1) propose and agree, pursuant
to Government Code Section 3500, et seq., to establish a New Base Salary for
Fire Department members of Unit 1, and have said members furnish the assur-
ances described below which City may require as a condition precedent to the
PERS contract amendment, and (2) make the representations described below
as the basis for a condition precedent which City may require prior to
the PERS contract amendment.
2.1 New Base Salary
2.1.1 Established in Fiscal Year 1977-78.
A New Base Salary for Fire Department members of Unit
I shall be established for fiscal year 1977-78, same
to be effective on June 24, 1977. Said Base Salary
shall be computed as follows: (1) Add to each member's
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1976-77 bi-weekly salary a percentage of said salary
equal to the annual percentage change in cos~t of living
as reflected in the Bay Area Cost of Living Index
for the preceding completed annual index period (April
to April), and (2) then deduct from that ~total the
member's pro rata share of the difference between the
agency contribution for the ½ @ Age 55 Formula (Police
and Fire) and the agency contribution for the public
safety retirement benefits referred to as 2% Q A~§e 50
Formula. Reference is hereby made to a document entitled
".Public Employees' Retirement SystemActuarial Valuation
Report, PERS-ACT-14 (12/75), Agency Name City of-South
San Francisco, Employee No. O093",dated June 14,1975,
issued by Kisuk Yang, Chief Actuary for PERS, which is
attached hereto as Exhibit A and by this reference in-
corporated herein. Said reference designates on line
" sub-line "a," the retirement benefits which are
the subject of this Memorandum of Understanding and
sets forth the agency contribution rates as of July 1,
1975, for the respective formulas in Reporf~s A, B and
C. Report C sets forth the retirement benefits which
are the subject of this memorandum of Understanding
and referred to as the 2% @ Age 50 Formula.The agency
contribution rates for the "retirement benefits" desig-
na.ted in Reports A and C, line "B," sub-line "a" of
.
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said reference shall be obtained by City from PERS
actuaries or a consulting actuary on or before May 1,
1977, for the 'purpose of computation. The difference
in the agency contribution rates so determined shall
be applied to the total public safety payroll (Fire and
Police) for the bi-weekly periods to detern~ne the total
cost as a basis for computing the member's proportion-
ate share of that cost. The percentage difference be-
tween the agency's contribution rate for the ½ @ Age 55
Formula and the 2% @ Age 50 Formula will be determined
one time only, same being the time the City enters in-
to the 2% @ Age 50 Program for Firemen, and will not
be thereafter affected by future increases or decreases
in the PERS ½ @ Age 55 Program or the 2% @ Age 50 Pro-
gram.
2.1.2 Significance and Use of New Base Salary for Fire Depart-
ment members of Unit I - Survival of Provision. This
provision states the significance and use of the New
Base Salary for Fire Department members of Unit 1, also
referred to as Base Salary, established pursuant to para-
graph 2.1.1 of this Memorandum of Understanding for
future related actions. Thisprovisionshall survive
the term of tilis Memorandum of Understanding, which term
is set forth in paragraph 1, and shall run concurrently
with the period for which the 2% @ Age 50 Public Safety
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I111 I! 1EI'I gl II
Retirement Benefits are applicable to eligible Fire
Department members of Unit 1, in accordance with
PERS rules and regulations, including those appointed
after the effective date of this Memorandum of Under-
standing. Each of the fo'llowin§ sub-paragraphs may be
read in conjunction with one or more of the other sub-
paragraphs and with this Memorandum of Understanding
to interpret this provision.
(a) Unit I Fire Department members' Base Salary
for fiscal year 1977-78 shall be the salary
established pursuant to paragraph 2.1.1 of this
Memorandum of Understanding and changes therein
in subsequent years or other times by Memoran-
dum of Understanding or otherwise shall be
designated "Amended Base Salary."
(b) Changes in said Base Salary or Amended Base
Salary, whichever is applicable, shall not be
based on the fact the deduction set forth in
paragraph 2.1.1 (2) of this Memorandum of
Understanding was made to compute same or based
on the amount of said deduction. City may re-
fuse to consider the fact of said d~duction
or the amount thereof in future negotiations
as a basis for increasing the Base Salary or
Amended Base Salary, and said refusal shall not
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be deemed a refusal to meet and confer in
good faith or otherwise violative of the Meyers-
Mil ias.-Brown Act (Government Code Section
3500,et seq.).
(c) The said Base Salary or Amended Base Salary,
whichever is applicable, results in a compari-
son difference between said salary and the
salaries of other departments as well as the
salaries of firemen in comparable agencies.
If said comparison difference equals or is less
than the members proportionate share which
shall be computed pursuant to paragraph 2.1.1(2)
of this Memorandum of Understanding (now esti-
mated at 7.6%), it shall not serve as the sole
basis for negotiations related to Fire Department
members' salary benefits or other terms and
conditions of employment or increases or adjust-
ments to equal or approximate salaries, benefits
or other terms and conditions of employment for
other members of Unit 1, other City Departments
or comparable agencies, or to othen~-i"s~ increase
said salaries. If the comparison difference
equals or is less than the Fire Department mem-
ber's said proportionate share as above provided,.
City may refuse to consider same as a basis for
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increasing the Base Salary or Amended Base
Salary, and said refusal shall not be deemed a
refusal to meet and confer in good faith or
otherwise violative of the Meyers-Milias-Brown
Act (Government Code Section 3500, et seq.).
(d) If an increase by reason of cost of livin§ or
otherwise i$ authorized by an approved Memor-
andum of Understanding or otherwise,'said increase
in an amount or percentage shall be applied to
the Fire Department members' Base Salary or
Amended Base Salary, whichever is then in effect.
(e) If a decrease in salaries is authorized by
an approved Memorandum of Understanding or other-
wise, same being applicable to Unit 1, or the
Fire Department, or all Departments, the amount
of decrease or adjustment or percentage thereof
shall be applied to the Fire Department members'
Base Salary or Amended Base Salary, whichever
is then in effect.
2.1.3 Assurances by Fire Department Members of Unit 1. In
addition to the acceptance and approval of paragraph 2
and subparagraphs thereof of this Memorandum of Under-
standing, by vote of the membership, each Fire Department
member of Unit 1 shall subscribe the Acceptance and
Assurance to be attached hereto as Exhibit B and incor-
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2.2
por~ted herein by this reference as if set forth
verbatim. Fire Department members of Unit I appointed
after the effective date of this Memorandum of Under-
standing shall subscribe to a similar Acceptance and
Assurance as a term and condition of employment.
City Agreement to Amend the PERS Contract. City acting
on the inducements, assurances and representations
hereinbefore set forth, shall amend the PERS contract
to provide the 2% @ Age 50 Public Safety Retirement
Formula for Fire Department members of Unit I when all
of the following have occurred.
(a) This Memorandum of Understanding has been duly
executed by the representatives of City and
Unit 1, and thereafter accepted and approved
by the members of Unit I and ratified by the
City Counc i 1.
(b) All of the Fire Department members of Unit i have
executed the Acceptance and Assurance and same has
been attached hereto as Exhibit B.
(c) Fire Department personnel members of Unit 6
have attached or caused to be attached to the
Memorandum of Understanding entitled "Memoran-
dum of Understanding, Unit 6 - International Assoc-
ciation of Firefighters of America, Local 1507,
AFL-CIO, July 1, 1976 - June 30, 1978, Except
5
for Surviving Provisions", dated August 30,
1976, and approved by Council Resolution
132-76, adopted September 15, 1976, an Accept-
ance and Assurance substantially similar to
Exhibit B which is to be attached to this
Memorandum of Understanding.
3. Salary Effective June 24, 1977, through June 22, 1978, for
Fi.re Departm'ent Members of Unit 1. Salaries for Fire Department members of
Unit 1, effective June 24, 1977, through June 22, 1978, shall be computed
in accordance with paragraph 2.1.1 of this Memorandum of Unders~tanding.
4. Employees Covered and Scope of this Amendment. The provisions
of this Memorandum shall apply to Fire Department Members of Unit 1, and
except for salaries and retirement shall not affect the other provisions
of the Memorandum of Understanding, Unit I - Management, July 1, 1975 - June
30, 1978, as amended.
IN WITNESS WHEREOF, the parties hereto have executed this Amend-
ment 1-77 to Unit l's said Memorandum of Understanding on the lOth day of
February , 1977.
CITY'S REPRESENTATIVE
~C.~Wa~~rk~el o'x~~- City Manager
IIII
EMPLOYEES' ~~PRESENT~TIVES _
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'EXHIBI'I'-A T.O AMENDMENT 1:77., ME-MORANDUM OF. UNDERSTANDING,
UNIT I -.r,~NAGEI~[I.I '- JULY-1, 1975 - June 30,-t97-8~:-----'
EXCEPT FOR'~SURVIVING PROVISIONS,. DATED
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