HomeMy WebLinkAboutReso 173-1977 RESOLUTION NO. 173-77
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION APPROVING AND ACCEPTING AMENDMENT
3-77, UNIT 1, MANAGEMENT, JULY 1, 1975- JUNE
30, 1978, AS, AMENDED, ADDING SURVIVING PROVISIONS
BE IT RESOLVED by the 'City Council of the City of South San
Francisco that:
1. Amendment 3-77 to Unit I Memorandum of Understanding.
The City Council hereby approves and accepts the Amendment
entitl'ed "Amendment 3-77 to Memorandum of Understanding, Unit I - Manage-
ment, July 1, 1975 -.June 30, 1978, as Amended, Adding Surviving Provisions",
a copy of which Amendment is attached hereto as Exhibit "A".
2. City Clerk's Endorsement.
The City Clerk. be and he is hereby authorized to endorse, date
and initial the following:
2.1 On the Memorandum of Understanding, Unit 1- Management-
July 1, 1975 - June 30, 1978, page 2 at subparagraph 2{c),
place an asterisk, and at the bottom of the page endorse
the following words: "*Subparagraph 2(c) amended. Refer
to Amendment 3-77. ( Ootober S, 1977/AAR. )"
2.2 On Amendment 1-77 to Memorandum of Understandi.ng, Unit
I - Management - July 1, 1975 - June 30, 1978, page 1 at
paragraph 2, place an asterisk, and at the bottom of the
page endorse the following words: "*Paragraphs 2 and 3
amended. Refer to Amendment 3-77. (October 5, 1977/AAR. )"
.
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 5th day of October
1@ 77 , by the following vote:
AYES, COUNCILMEN William A. Borba, Emanuele N. Damonte,
Terr~ J. Mirri and Leo Padreddii
NOES, " Richard A. Battaglia
AB SENT, None
ATTEST: ~ ~
EXHIBIT "A" TO RESOLUTION 173-77
ADOPTED October 5, 1977
AMENDMENT 3-77
TO
MEMORANDUM OF UNDERSTANDING, UNIT 1 -
MANAGEMENT
JULY 1, 1975 - JUNE 30, 1978
AS AMENDED
Adding Surviving Provisions
RECITALS
THE CITY OF SOUTH'SAN FRANCISCO (hereinafter City) and Unit I -
Management {hereinafter Unit 1), on June 30, 1975, executed a MemorandUm
of Understanding entitled "Memorandum of Understanding, Unit 1, Management,
July 1, 1975 - June 30, 1978," {hereinafter M/U 75-78), which was accepted
and approved by Resolution 85-75 on June 30, 1975, and said Memorandum of
Understanding was amended by Amendment 1-76 executed on December 7, '1976,
and approved and accepted by City Resolution 172'76 adopted December 15,
1976.
UNIT i INCLUDES management personnel of the Police and Fire Depart-
merits in addition to other management personnel of City.
PARAGRAPH 2(C} OF M/U 75-78 provided for a cost of living adjustment
to be paid "beginning with the pay period that includes July 1, 1977, and
continuing until June 30, 1978."
ON FEBRUARY 10, 1977, City and Unit I executed Amendment 1-77 to M/U
75-78 to include a 2% @ Age 50 Retirement Formula for Fire Department man-
agement personnel only which paralleled the provisions of the Memorandum
of Understanding with Unit 6 entitled "Memorandum of Understanding, Unit
6 - International Association of Firefighters of America, Local 1507,
AFL,CIO, ~luly 1, 1976 - June 30, 1978, Except for Surviving Provisions"
(executed August 30, 1976, and approved and accepted by City Resolution
132-76 on September 15, 1976). Amendment 1-77 added paragraph 2.1, et
seq., to M/U 75-78 which provided for the establishment of a New Base Sal--
ary for Fire Department management personnel for fiscal year 1977-~8, to
be effective on June 24, 1977, and additional matters set forth in said
Amendment.
IN 1977 CITY and Unit I commenced negotiations to further amend M/U
75-78 for inclusion of a 2~ e Age 50 Retirement Formula for Police Depart-
ment management personnel which would parallel the formula for Fire Depart-
.
merit management personnel and the contemplated retirement formula then
being negotiated with Unit 5 {South San Francisco Police Association).
THE COST OF LIVING adjustment payable June 24, 1977, for fiscal year
1977-78, is one of the factors to be used in computing the New Base Salary
for Fire Department management personnel in accordance with Amendment 1-77
and a New Base Salary for Police Department management personnel if M/U
75-78 is-further amended to include a 2); @ Age 50 Retirement Formula for
said personnel. The other 'factor is a PERS Actuarial Valuation which as
of June 22, 1977, had not been received. The parties, therefore, on
June 22, 1977, executed Amendment 2-77 to M/U 75-78, which was approved and
accepted by City Resolution 97-77 on June 22, 1977. Amendment 2-77 recog-
nized the accrual of the cost of living adjustment but deferred payment
as in said Amendment provided, pending execution of this Amendment 3-77.
THE PERS ACTUARIAL VALUATION consisting of (1) Public Employees'
Retirement System Actuarial Valuation Report dated June 8, 1977, signed
by Kisuk Yang, Chief Actuary, which shows in subsection Ba the present
rate and July 1, lg77, rate for public safety employees ½ ~ Age 55 Formula
and {2) Public Employees' Retirement System Actuarial Valuation Report
dated June 14, 1977, signed by Kisuk Yang, Chief Actuary, which shows in
column Aa subsection 13a the proposed agency contribution rate for the 2~
@ Age 50 Retirement Formula, has been received and the parties now-desire
to amend paragraph 2 of M/U 75-78, as amended by Amendment 1-77, to restate
as amended'the New 13ase Salary and related retirement formula for Unit 11
Fire Department personnel and include New Base Salary and related retire-
ment provisions for Unit I Police Department personnel, provide for related
matters and continue in effect all other provisions of said Memorandum of
UnUerstanding. Copies of said Valuation are on file in the offices of'
the City Clerk and Director of Finance.
CITY AND UNIT 1 ACKNOWLEDGE and affirm that they have met and con-
ferred in good faith and in all respects fulfilled their obligations under
law to meet and confer in good faith regarding this Amendment 3-77 to M/U
75-78. Representatives of the City have agreed to present this Amendment
3-77 to the M/U 75-78 to the City Council for approval and representatives
of Unit 1 have agreed to present same to their members for approval and
acceptance.
IN CONSIDERATION OF THE AFOREGOING PROVISIONS AND THE COVEHANTS AND
CONDITIONS HEREINAFTER SET FORTH, IT-IS AGREED AS FOLLOWS'
1. Amendment of Paragraph 2 of PI/U 75-78 and Amendment 1-77 to
M/U 76-78.
Paragraph 2 of M/U 75-78 is hereby amended to add 2{d) which
reads as follows and supersedes paragraph 2 of Amendment 1-77-
2{d} Retirement and Salary Relationship - Total Compensation. Fire
and Police Department members of Unit.1 desire to obtain the substantial
3.
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 because {1) City now provides the ~
~ Age 55 Public Safety Retirement Formula which includes' public
safety {fire and~police) members of Units 1, 5, and 6; personnel"
not presently members of said Units; and future public safety person-
nel, 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 accord-
anCe 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 compensation (including but not limited to salaries, retire-
ment and other benefits) City is unwilling to incur. Members of Unit
- ..
1, for the purpose of establishing 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 and
Police Department members of Unit 1, and have said members furnish
the assurances described below which City may require as a condition
precedent to the PERS contract amendment, and {2} make the represen-
tations described below as the basis for a condition precedent which
City may require prior to the PERS contract amendment.
2(d).1 New Base Salary
2(d).1.1 Established in Fiscal Year 1977-78.
A New Base Salary for fire and police personnel repre-
sented by Unit 1 is hereby established same to be effective
4.
2(d).1.2
on November 11, 1977 . Said New Base Salary shall
be computed as follows: (1) Add to each said fireman's
and police officer's 1976-77 bi-weekly salary range 6.5%
thereof, which is the annual percentage change in cost
of living las reflected in the Bay Area Cost of Livihg
Index for the preceding completed annual index period
{April 1976 to April 1977) and' {2} then deduct' from
that total 7.44% thereof, Said percentage being the net
difference between City's total compensation cost pur-
suant to the % @ age 55 Retiirement -Formula and 2% @
Age 50 Retirement Formula for public safety PERS members.
Significance and Use of New Base Salary for Fire and
Police Department Members of Unit I - Survival of Provision.
This provision states the significance and use of the
New BaSe Salary for"F{"re and Police Department members
of Unit 1, also referred to as Base Salary, established
pursuant to paragraph 2(d}.1.1 of this Memorandum of
Understanding for future related actions. This provision
shall survive the term of this Memorandum of Understanding
and shall run concurrently with the period for which the
2% @ Age 50 Public Safety Retirement Benefits are appli-
#
cable to eligible Fire and Police Department members of
Unit 1, in accordance with PERS rules and regulations,
including those appointed after the effective date of
this Memorandum of Understanding. Each of the following
sub-paragraphs may be read in conjunction with one or
e
more of the other sub-paragraphs and with this Memorandum
.
of Understanding to interpret this provision.
(al Unit 1 Fire and Police Departnmnt members' New Base
Salary shall be the, salary established pursuant to
paragraph 2{d).1.1 of this Memorandum of Understand-
ing and changes therein in subsequent years or other
times by Memorandum 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(d).1.1
of this Memorandum of Understanding was made to
compute same or based on the amount of said deduc-
tion. City. may refuse to consider the fact of said
deduction or the amount thereof in future negotia-
tions as a basis for 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.).
{c) The said Base Salary or Amended Base Salary, which-
ever is applicable, results in a comparison-differ-
ence between said salary and the salaries of other
departments as well as the salaries of firemen
or police officers in comparable agencies. If said
comparison difference equals or is less than 7.44%
e
[[i'1" I Iii i ' ll[l'l
it shall-not serve as the sole basis for negotia-
tions related to Fire Department or Police Department
Unit I members' salary benefits or other terms and
conditions of employment or increases or adjustment tO
equal or approximate salaries, benefits or 'otE~r terms
and conditions of employment for other members of
Unit 1, other City'departments or comparable agencies,
or to otherwise increase said salaries. If the compari-
son difference equals or is less than the Fire Depart-
ment or Police Department Unit I members' said
centage share as' above provided, City may refuse
to consider same as a basis for 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 living or other-
wise is authorized by an approved Memorandum of
Understanding or otherwise, said increase in an
amount or percentage shall be applied to the Fire
Department or Police Department Unit 1 members'
Base Salary or Amended Base Salary, whichever is then
i n effect.
(e) If a decrease in salaries is authorized by an
approved Memorandum of Understanding or otherwise,
same being applicable to Unit 1, Fire Department or
Police Department, or all departments, the amount
7.
2(d).1.3
2(d).2
of decrease or adjustment or percentage thereof
shall be applied to the Fire Department or Police
Department Unit I members' Base Salary or Amended
Base Salary, whichever is then in effect.
Assurances by Fire and Police 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 fireman and
police officer who is not represented ~y Unit 1, 5 or 6
-
shall subscribe the Acceptance and Assurance to be
attached hereto as Exhib'it A and .incorporated herein by
this reference as if set forth verbatim. Fire and Police
Department. members of Unit I appointed after the effective
date of .this MemorandUm of Understanding shall subscribe-
to a ~imilar Acceptance and Assurance as a term and con-
.
dition of employment.
City Agreement to Amend the PERS Contract.
City,*-acting on the inducements, assurances and representa-
tions hereinbefore set forth, shall amend the PERS contract
to provide the 2% @ Age 50 Public Safety Retirement For-
mula for Fire and Police Department members of Unit 1
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 Council.
.
(b) All of the firemen and police officers not represented
by Units 1, 5 or 6 have executed the Acceptance and
Assurance and same has been attached hereto as
Exhibit A.
(c) An Acceptance and Assurance by police officers and
firemen not represented by Units 5 and 6 has been
attached to the memorandum of understanding for those
unitS, which Acceptance and Assurance shall be sub-
stantially similar to Exhibit A which is attached to
this memorandum of understanding.
2. Payment of Cost of Living Adjustment 1977-78 for Period Prior · to Establishment of New Base Salary.
In accordance with M/U 75-78 and Amendment 1-77, June'24, 1977,
was set as the date for application of the 6.5% cost of living adjustment
to Unit 1 firemen and police officers' 1976-77 base pay, and computation
of the New Base Salary. City and Unit 1, pursuant to Amendment 2-77,
deferred payment of said adjustment and computation. The New Base Salary
having been .computed and the date for establishment having been dete~-
mined, the parties agree that each fireman and police officer represented
by Unit I shall receive 6,5% of the total salary paid said fireman or
officer at the 1976-77 rate between June 24, 1977, and the effective date
of the New Base Salary, applying said percentage as same would be applied
to salary ranges. Payment shall be made on or before December 29, 1977.
3. Effect of This Amendment.
This Amendment 3-77 supersedes Amendment 2-77 and paragraph 2(c)
of M/U 75-78 to the extent said paragraph applies to police and fire mem-
bers of Unit 1. Except as herein provided, this Amendment 3-77 shall not
modify any other~ provisions of M/U 75-78.
9.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment
3-77 to Unit l's said 'Memorandum of Understanding on the 5th day of
ooto~er , 1977.
CITY'S REPRESENTATIVE
City Manager
ES~~/~' REPRESENTATIVES.
10.
EXHIBIT "A"
TO AMENDMENT 3-77
UNIT I - MANAGEMENT
ADOPTED BY RESOLUTION NO. 173-77
PASSED oot:obe~r 5, 1977
ACCEPTANCE AND ASSURANCE
THE UNDERSIGNED, firemen and police officers of the City of South
San Francisco, who are not represented by Units 1, 5 or 6, and who are
eligible for PERS Public Safety 2% @ Age 50 Retirement Formula, ACCEPT
AND AGREE to the provisions of M/U 75-78, as amended by Amendment 3-77,
to which this Exhibit is attached.
F,
Dated: