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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