HomeMy WebLinkAboutReso 85-20 Reso approving MBFFA Side Letter Agr (cjt edits)RESOLUTION NO. 85-20
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA,
APPROVING A TEMPORARY SIDE LETTER AGREEMENT BETWEEN
THE CITY OF MORRO BAY AND THE MORRO BAY FIRE FIGHTERS
ASSOCIATION, IAFF LOCAL 3725 REGARDING SUCCESSOR MOU NEGOTIATIONS
AND TEMPORARY SALARY REDUCTIONS
THE CITY COUNCIL
Morro Bay, California
WHEREAS, the City of Morro Bay ("City") has, and continues to recognize, the Morro Bay
Fire Fighters Association, IAFF Local 3725 ("MBFFA"), as the sole exclusive bargaining agent for
the City s fire fighting employees, for all matters concerning wages, hours and working conditions;
and
WHEREAS, the current Memorandum of Understanding between the City and MBFFA,
which was duly approved by the City Council on September 26, 2017, expired on June 30, 2020;
and
WHEREAS, the California Governor on March 4, 2020 proclaimed a State of Emergency
to exist in California due to the COVID-19 pandemic, and
WHEREAS, the President of the United States on March 13, 2020 declared the outbreak
of COVID-19 in the United States constituted a national emergency; and
WHEREAS, on March 13, 2020, the San Luis Obispo County Emergency Services
Director issued a Proclamation of Local Emergency due to the spread of COVID-19 in the County
of San Luis Obispo; and
WHEREAS, on March 14, 2020 the Morro Bay City Manager proclaimed a declaration of
the existence of a local emergency within the City of Morro Bay due to the threat posed to the
City from COVID-19, and that declaration was subsequently ratified by the City Council on March
19, 2020; and
WHEREAS, the City labor relations representatives and MBFFA representatives have
participated in ongoing good faith meet and confer labor negotiations over the terms of a
successor memorandum of understanding which have been protracted due to the impacts of both
the COVID-19 pandemic and arguably the worst fire season in California history; and
WHEREAS, the City and MBFFA have agreed effective upon City Council approval a
temporary Side Letter Agreement whereby the MBFFA agrees to participate in the previously
implemented City-wide temporary salary reductions in light of the COVID-19 pandemic financial
crisis while the labor negotiations for a successor MOU remain ongoing; and
WHEREAS, this Side Letter Agreement was ratified by the MBFFA on September 23,
2020; and
WHEREAS, this Side Letter Agreement is subject to City Council acceptance and
approval, which is made a part hereof by this reference; and
WHEREAS, once approved by the City Council, the MBFFA Side Letter Agreement shall
become a binding agreement between the City and MBFFA.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MORRO BAY, CALIFORNIA, AS FOLLOWS:
The City Council hereby approves the Temporary Side Letter Agreement between the City
and MBFFA effective payroll beginning October 3, 2020, a copy of which is attached hereto as
Exhibit 1.
PASSED AND ADOPTED, by the City Council of the City of Morro Bay, at a special
meeting thereof held on the 24th day of September 2020, by the following vote:
AYES* Headding, Addis, Davis, Heller, McPherson
NOES' None
ABSENT: None
ABSTAIN: None
ATTEST:
tfAW
NA SWANSON, City Clerk
11
COP/
JOHN , E "'DING, Mayor
TEMPORARY SIDE LETTER AGREEMENT BETWEEN THE CITY OF MORRO
BAY AND THE MORRO BAY FIREFIGHTERS ASSOCIATION IAFF LOCAL
3725, REGARDING SUCCESSOR MOU NEGOTIATIONS AND TEMPORARY
SALARY REDUCTIONS
WHEREAS, the City of Morro Bay (hereinafter the "City') has, and continues to, recognize
the Moiro Bay Firefighters Association, IAFF Local 3725 ("MBFFA"), as the sole exclusive
bargaining agent for those City fire fighting employees, for all matters concerning wages, hours
and working conditions; and
WHEREAS, the California Governor on March 4, 2020 proclaimed a State of Emergency to
exist in California due to the COVID-19 pandemic, and
WHEREAS, the President of the United States on March 13, 2020 declared the outbreak of
COVID-19 in the United States constituted a national emergency; and
WHEREAS, on March 13, 2020, the San Luis Obispo County Emergency Services
Director issued a Proclamation of Local Emergency due to the spread of COVID-19 in the County
of San Luis Obispo; and
WHEREAS, on March 14, 2020, the Morro Bay City Manager proclaimed a declaration of
the existence of a local emergency within the City of Morro Bay due to the threat posed to the City
from COVID-19, and that declaration was subsequently ratified by the City Council on March 19,
2020; and
WHEREAS, the current Memorandum of Understanding between the City and the MBFFA
("MBFFA MOU 2017-2020") expired on June 30, 2020; and
WHEREAS, the City and MBFFA have participated in ongoing good faith meet and confer
labor negotiations over the terms of a successor memorandum of understanding which have been
protracted due to the impacts of both the COVID-19 pandemic and arguably the worst fire season
in California history; and
WHEREAS, the MBFFA desires to participate in the previously implemented City-wide
temporary salary reductions in light of the COVID-19 pandemic financial crisis while the labor
negotiations for a successor memorandum of understanding remain ongoing; and
WHEREAS, the City and MBFFA have agreed effective'
upon City Council approval of this
temporary Side Letter Agreement shall remain effect until a tentative agreement is reached on a
successor MOU impasse is declared by one of the parties or one party gives notice of the other
party of cancellation of this side letter, the base salary for each employee represented by the
MBFFA shall be reduced in the amount of five percent (5%); and
WHEREAS, the City s labor relations representatives and MBFFA representatives desire to
memorialize this agreement by means of this Side Letter Agreement, pursuant to both the Meyers-
Milias-Brown Act ("MMBA") (Gov't Code Section 3500-3511) and the City's Employer -
Employee Relations Resolution, Resolution No. 08-17; and
WHEREAS, this Side Letter Agreement was ratified by the MBFFA on September 23, 2020;
and
ATTACHMENT NO. 1
01181.0004/670373.1
WHEREAS, this Side Letter Agreement shall not be in fu l l force and effect until adopted by
resolution by the City Council of the City; and
WHEREAS, except as provided in this Side Letter Agreement, all provisions of the MBFFA
MOU 2017-2020 shall remain subject to meet and confer negotiation as part of a successor
memorandum of understanding.
NOW, THEREFORE, it is hereby agreed that effective upon City Council approval of this
Side Letter Agreement and until a tentative agreement is reached on a successor MOU, impasse is
declared by one of the parties, or one party gives notice to the other party of its cancellation of this
agreement, the base salaries then in effect for all MBFFA represented employees shall be reduced
by the amount of five percent (5%) per the following salary table/schedule:
FY 20/21MBFFA SALARY SCHEDULE
STEP
2
STEP 5
TITLE
STEP
1
STEP
3
STEP
4
56,112
58,917
61,863
64,956
68,204
FIREFIGHTER
61,344
64,412
FIRE
ENGINEER
67,632
74,564
71,014
70,516
74,041
81,631
85,712
FIRE
CAPTAIN
77,744
87,894
92,288
96,903
101,748
FIRE
MARSHAL
83,708
IT IS SO AGREED:
MORRO BAY FIREFIGHTERS CITY OF MORRO BAY
ASS'N, ; F LOCAL 3725
l
Michael Hoese
Travis Hasch
lfre/tra
9/09/ofz-%
ins, City Manager
041\A. AMIA Sein
la 940
Dana Swanson, City Clerk / Human
Resources Manager
CA: is
09/29/2020
Colin J. Tanner, Deputy City
Attorney/Labor Negotiator
2
01181.0004/670373.1