HomeMy WebLinkAboutReso 1988-13524 RESOLUTION NO. 13524
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AMENDMENT TO FY 1987-88
THROUGH FY 1989-90 MEMORANDUM OF UNDERSTANDING
CONCERNING WAGES AND OTHER TERMS AND
CONDITIONS OF EMPLOYMENT WITH LOCAL 2180,
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the potential annexation of the area currently
served by the Bonita/Sunnyside Fire Protection District has
raised several issues of concern to our fire fighters in Local
2180 of the International Association of Fire Fighters (IAFF), and
WHEREAS, after several meetings to discuss these issues
during March and April of 1988, City and IAFF representatives
have formulated an amendment to the current MOU and that
amendment has been ratified by the IAFF membership.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve that certain
Amendment to FY 1987-88 through FY 1989-90 Memorandum of
Understanding concerning wages and other terms and conditions of
employment with Local 2180, International Association of Fire
Fighters, attached hereto as Exhibit "A" and incorporated herein
Dy reference as if set forth in full.
Presented by Approved as to form by
4087a
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
L, JLA VISTA, CALIFORNIA, this 19th day of April _
19 88 , by the following vote, to-wit:
AYES: Councilmembers Malcolm, Cox, Moore, McCandliss, Nader
NAYES: Councilmembers None
ABSTAIN: Councilmembers None
ABSENT: Counci lmembers None
............ /~~of the City of Chula Vista
ATTEST :'Y/~Cler~' ~
S..,E OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California,
DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of
RESOLUTION N0. 13524 ,and that the some has not been amended or repealed
DATED
City Clerk
CITY OF
CHULA VISTA
CC-660
AMENDMENT TO FY 1987-88 THROUGH FY 1989-90 MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CHULA VISTA AND LOCAL 2180, IAFF
Pursuant to Section 4.01 II of the FY 1987-88 through FY 1989-90 Memorandum of
Understanding between the City of Chula Vista and Local 2180 of the
International Association of Fire Fighters, said parties have consulted during
March and April of 1988 on issues related to the potential annexation of the
area currently served by the Bonita/Sunnyside Fire Protection District.
Subject to the ratification of Local 2180 and of the Chula Vista City Council,
the parties agree to amend the current M.O.U. as follows:
If the area currently served by the Bonita/Sunnyside Fire Protection District
annexes to the City of Chula Vista, Section 3.10 of the current M.O.U. will be
replaced in its entirety with the new Section 3.10 provided below. If,
however, the Bonita area does not annex to Chula Vista, the existing Section
3.10 of the current M.O.U. will remain in effect and this amendment will have
no relevance.
3.10 TRANSITIONAL STAFFING LEVELS - MONTGOMERY AND BONITA/SUNNYSIDE FIRE
PROTECTION DISTRICTS.
As a result of the annexations of the areas formerly served by the Montgomery
Fire Protection District and the Bonita/Sunnyside Fire Protection District,
the City agrees to maintain the transitional staffing levels specified below,
starting on the effective date of the Bonita annexation.
I. Captains City will provide a minimum of 24 authorized Fire Captain
positions in the Fire Department until a new fire station is opened (not
a rebuilding, remodeling, or relocation of an existing station).
II. Engineers
A. Unless a higher minimum number is required by Section B. below,
City will provide a minimum of 25 authorized Fire Engineer
~ositions in the Fire Department until a new fire station is opened
not a rebuilding, remodeling, or relocation of an existing
station).
B. City will provide a minimum of 28 authorized Fire Engineer
positions in the Fire Department until any of the individual
Engineers absorbed by the CVFD from the Bonita/Sunnyside Fire
Protection District retires or terminates from the CVFD for any
reason or is promoted or demoted out of the Engineer
classification. After any one such Engineer retires, terminates,
promotes or demotes, the minimum number of authorized Fire Engineer
positions shall be reduced to 27. When a second such Engineer
retires, terminates, promotes or demotes, the minimum number of
authorized Fire Engineer positions shall be reduced to 26. When
the third such Fire Engineer retires, terminates, promotes or
demotes, there will no longer be a minimum number of authorized
Fire Engineer positions, unless a minimum of 25 is still required
at that point by Section A. above.
C. On the effective date of the Bonita annexation, the City will
provide Local 2180 with a list of the individual Engineers absorbed
by the CVFD from the Bonita/Sunnyside Fire Protection District, and
these will be the individuals referred to in Section B. above. If
there are fewer than 6 individual Engineers so absorbed by the CVFD
from the Bonita/Sunnyside Fire Protection District, the following
revision to Section B. shall automatically be made: The minimum
numbers of authorized Fire Engineer positions required by Section
B. shall be reduced by the numerical difference between 6 and the
actual number of individual Fire Engineers absorbed by the CVFD
from the Bonita/Sunnyside Fire Protection District.
III. Battalion Chiefs
A. To simplify the provisions below, the term "retires" is used to
designate an individual leaving a Battalion Chief or Assistant Fire
Chief position. This term shall be broadly interpreted to include
retiring or terminating from the CVFD for any reason, being demoted
below the level of Battalion Chief, or being promoted above the
level of Assistant Fire Chief.
B. If any of the existing (as of March 16, 1988) 5 individual
Battalion Chiefs "retires" prior to the effective date of the
Bonita annexation, then starting on the annexation's effective date
the City will provide a minimum of 5 authorized Battalion Chief or
Assistant Fire Chief positions until Chief Moody "retires."
~- C. If none of the existing individual Battalion Chiefs "retires" prior
to the effective date of the Bonita annexation, then starting on
the annexation's effective date the City will provide a minimum of
6 authorized Battalion Chief or Assistant Fire Chief positions
until any of the 6 individuals in those positions "retires." At
that point, whichever of the following is appropriate will apply:
1. If Chief Moody "retires" before any of the other 5 Battalion
Chiefs or Assistant Fire Chiefs, then the City will provide a
minimum of 5 authorized Battalion Chief or Assistant Fire
Chief positions until any of those 5 individuals "retires."
2. If one of those other 5 Battalion Chiefs or Assistant Fire
Chiefs "retires" before Chief Moody, then the City will
provide a minimum of 5 authorized Battalion Chief or Assistant
Fire Chief positions until Chief Moody "retires."
IV. INPUT ON TRANSITION - If the Bonita area votes to annex, Fire Department
management will meet with Local 2180 representatives to obtain Local
2180's input on further methods to help provide a smooth implementation
of the absorption of Bonita/Sunnyside Fire Protection District staff
into the CVFD. Such meeting(s) shall not be construed as meet and
confer negotiating sessions.
-2-
V. The provisions of this amendment shall supersede and replace Section
3.10 of the current M.O.U. on the effective date of the Bonita
annexation. Notwithstanding the provisions of this amendment, any
provisions in the current M.O.U. shall remain in effect unless changed
by this amendment.
FO THE CITY: FOR LOCAL 2180:
ames R. Thomson, Deputy City Manager hn McClintock, President
f Chula Vista ~cal 2180, International
Association of Fire Fighters
(Date) Gfeg Du~
)om Minter
Don Schofield
WPC 0979I
-3-
REVISED 4/7/88
PROPOSED TERMS AND CONDITIONS
"Bonita Reorganization"
(City of Chula Vista)
1. The effective date of this "Bonita Reorganization" (City of Chula Vista)
shall be December 31 , 1 988, or the date of recordation, except as
otherwise stated in these terms and conditions (Government Code Sections
56~70(p) and .~6456).
2. The affected area in this "Bonita Reorganization" shall be withdrawn from
the Spring Valley Sanitation District effective July 1,1 989. Upon and
after this date:
a) The Spring Valley Sanitation District shall take the appropriate
action to transfer one million gallons in sewer capacity rights to the
City.
b) The Spring Valley Sanitation District shall transfer, on a prorated
hasis, capital funds held as of the effective date of the withdrawal.
?. The effective date oF ~h~ diss,~l,~:;.,n ,iF ;s'.~ ~:lni~a Sunnyside Fire
Protection District shall be December 31,1 988, or the date of
recerdation. Upon and after the effective date:
a) The offices of the Board of Directors of the Bonita Sunnyside Fire
Protection P~strict shall be terminated [Government Code Section
F647011 )].
b) The City of Chula Vista shall h.e the successor to the Bonita Sunnyside
Fire Protection District for the purpose of succeeding to all the
rights, duties, and obligations of the extinguished district with
respect to impl led or expressed contracts and obligations of the
Bonita Sunnyside Fire Protection District [Government Code Section
56472(m)].
c) All property, whether real or personal , including all monies or funds
(including cash on hand and monies due but uncollected) of the Bonita
Sunnyside Fire Protection District shall be transferred to and vested
in the City of Chula Vista [Government Code Section 56470(h) and (i)].
d) The benefits and rights of the Bonita Fire Protection District
employees - seniority rights, sick leave and vacation balances, and
retirement earned as of December 31,1 988 - shall be honored by the
City of Chula Vista as follows:
{1 ) All Bonita personnel, except the Chief and the District Secretary
as indicated below, will he absorbed into the Chula Vista Fire
Department and move into the department at a salary equal to the
then current salary of the e~uivalent position in the City; that
is, a Bonita Firefighter, Engineer or Captain will be classified
as and receive the comparable salary of a Chula Vista Firefighter,
Engineer or Captain respectively. Bonit&s personnel at the top
step of any of these three classifications at the time of
integration will be placed at Chula Vista's "E" Step in the City's
equivalent classification. Any Bonita personnel in these three
classifications who are at a step lower than the District's top
step at the time of integration will be placed in Chula Vista's
equivalent classification at the City step with a salary that is
closest to the total of the individual's District salary plus
employee PFRS contribution paid by the District at the time of
integration.
The District Secretary of the Bonita department will be util ized
in an undetermined clerical position in the City service and will
be "Y" rated at her salary at the time of District dissolution if
that salary is higher than the City's salary for the position to
which she will be assigned. She will receive the benefits then
~ provided under the current or then existing ~fOU between the City
--- and the Chula Vista Employees Association.
(2) The Bonita Fire Chief will be absorbed into the Chula Vista Fire
Department as a Battal ion Chief and paid at "E" Step of the then
current salary of a 8attal ion Chief, and will receive Chula
Vista's Niddle Management benefits. His duty assignments will be
at the discretion of the Public Safety Director.
(3) Bonita fire personnel, excluding the Fire Chief and the District
Secretary, will receive the same benefits now provided under the
current or then existing ~'emorandum of Understanding between the
City and the International Association of Fire Fighters Union,
Local 21 80.
(4) Bonita personnel , excluding the Fire Chief and the District
Secretary, would receive all other benefits as currently provided
for now and in the future as may be negotiated by Local 21 80.
(Bonita personnel would receive retirement benefits under the 2%
at ~0 formula as is currently specified in the Chula Vista Fire
Fighters ~4emorandum of Understanding. )
.
IF) All Bonita personnel would bring with them seniority rights based
on years of continuous service in the Bonita department and
accrued sick and vacation heurly balances at the time of
integration. If a District employee's vacation hourly balance at
the time of integration is within the Pistrict's maximum amount
but is in excess of the City's maximum, the employee will have a
one year "grace period" from the date of integration to reduce the
vacation balance to within the City's maximum amount. If a
District empl oyee's compensatory time balance at the time of
integration is in excess of the City's maximum, the employee will
have a "grace period" from the date of integration until the end
of the following July. At that point, Fire Fighters, Engineers
and Captains will be paid for any accumulated compensatory time
unused as of June 30 and the District Secretary must be within the
dO-hour maximum allowed by the City's MOU with the Chula Vista
Employees Associastion.
I6) The contract of the Bonita Sunnyside Fire Protection ~istrict with
the Public Employees Retirement System shall on the effective date
of the reorganization be merged with the City of Chula Vista's
contract with the Public Employees Retirement System.
~-. This reorganization shall not result in a change in the Library District
boundaries at this time. The City of Chula Vista shall make an annual
~'~ payment to the County Library District to cover the ~mount of the
operating costs of the Bonita branch 1 ibrary that exceeds the amount of
property tax accruing to the County Library District from within the
territory of this "Bonita Peorganization." By mutual agreement of the
City of Chula Vista and the County of San Diego, this territory may be
subsequently detached from the County Library District with the City of
Chula Vista as the successor agency. Such detachment would nullify this
section for subsequent years [Government Code Section 56~70~i)~.
5. Within one year following the effective date of the Bonita Reorganization,
t~e City will detach the affected territory from the County Lighting
Districts ~q and #3 and accept service responsibility for street
lighting. T~.e County will transfer all the property tax revenue allocated
to the County Lighting Districts within this territory to the City of
Chula Vista upon transfer of service responsibil ity.
6. The County agrees to the resonable transfer of the certain revenues,
including I1 ) fund balances and (2! revenues received by the County on
behalf of this territory subsequent to annexation, if any; based on the
revenue amounts generated by the Bonita territory. These certain revenues
i ncl ude:
Park Land Dedication erdinance; and
Drainage fees.
!__ [Government Code Section 564701i)]
~onita/c