HomeMy WebLinkAbout2010-05-18; City Council; Resolution 2010-1171 RESOLUTION NO. 2010-117
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, RESOLVING THE IMPASSE
3 AND ADOPTING AND IMPLEMENTING CERTAIN SALARY
, AND BENEFIT TERMS AND CONDITIONS FOR
EMPLOYEES REPRESENTED BY THE CARLSBAD
5 FIREFIGHTERS'ASSOCIATION, INC.
6 WHEREAS, the Carlsbad Firefighters' Association, Inc. (CFA) is the exclusively
7 recognized employee organization representing fire safety employees under the City's
o Employer-Employee Relations Rules and Regulations; and
9 WHEREAS, the City and the CFA have previously entered into a Memorandum
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of Understanding which took effect on January 1, 2008, and expired on December 31,
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2009; and
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WHEREAS, the City and the CFA began meeting and conferring on November
14 23, 2009 in an effort to reach agreement on a Memorandum of Understanding and have
15 held three additional subsequent meetings over the last six months, supplemented by two
16 additional proposals exchanged electronically; and
17 WHEREAS, the parties have failed to reach an agreement and there is no
18 possibility of settlement by direct discussion between the City and CFA and all possibilities
19 of settlement have been exhausted; and
20 WHEREAS, the City has initiated the impasse procedure by filing a written
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request for an impasse meeting together with a statement of its position on all disputed
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issues in negotiations; and
WHEREAS, the City's written request for an impasse meeting was sent to both
25 the CFA and the City Manager on March 26, 2010; and
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1 WHEREAS, this impasse meeting was held on April 30, 2010 for the purpose of
2 reviewing the position of the City and the CFA in a final effort to reach agreement on all
disputed issues; and
4 WHEREAS, the City and the CFA were unable to reach agreement on the
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disputed issues; and
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WHEREAS, as a result of said negotiations and impasse procedures, the City
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has developed and has made a last, best and final single year offer to the CFA; and8
9 WHEREAS, as of April 30, 2010, the CFA has rejected said final offer; and
!0 WHEREAS, it is therefore apparent that the City and the CFA have reached an
11 impasse in their negotiations of an agreement covering said employees for a term which
12 includes January 1, 2010 through December 31, 2010; and
13 WHEREAS, the January 1, 2008 through December 31, 2009 agreement
14 between the City and the CFA has now expired and said employees are no longer
15 covered by any agreement; and
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WHEREAS, the City Council believes it is in the best interest of the City to
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impose the salary and benefit provisions that are still at issue and that constitute the City's18
last, best and final single year offer in these areas; and
2Q WHEREAS, the City Council possesses the power to resolve the impasse in
21 negotiations pursuant to the Meyers-Milias-Brown Act (Government Code Sections 3500
22 et. seq.) and Section IV of the City's Employer-Employee Relations Rules and
23 Regulations.
24 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
25 Carlsbad, California, as follows:
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1. That the above recitations are true and correct.
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VJI v_;i ivjci
3. That an impasse in negotiations for an MOD between the City and the
of Understanding (MOU) during the meet and confer sessions are withdrawn.
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2. That the offers made by the City to the CFA for a successor Memorandum
CFA exists.
4. That the City Council determines that the impasse in negotiations between
the City and the CFA shall be resolved by adopting and implementing the salary and
benefit provisions that constitute the City's last, best and final single year offer in these
areas as set forth in Exhibit A, attached hereto and incorporated by reference herein.
5. That the City Council directs staff to amend the City's contract with the
•>ndCalifornia Public Employees' Retirement System (CalPERS) to create a 2 tier retirement
12 plan for fire safety employees at the 2% @ 50 retirement formula.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 18th day of May, 2010, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard
NOES: Council Member Blackburn
ABSENT: None
ClAUDE A'LEWIS, Mayor
ATTEST:
LORBAIN
(SEAL)