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RESOLUTIONS_2023-03-14_2023-21

Torrance City Council
March 14, 2023

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RESOLUTIONS_2023-03-14_2023-21
Meeting
March 14, 2023
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Torrance City Council
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7
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Text extracted from the city's file for reading and search. Open the original on publicdocs.torranceca.gov. That file is the official record.

SECTION I.

RESOLUTION NO. 2023-21

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TORRANCE, CALIFORNIA, AMENDING RESOLUTION
NO. 2019-84 AND RESOLUTION NO. 2022-18 SETTING

FORTH CHANGES REGARDING THE HOURS, WAGES,

AND WORKING CONDITIONS FOR FIRE SAFETY
MANAGEMENT EFFECTIVE JANUARY 1, 2023
AMENDMENT #2
The City Council of the City of Torrance does hereby resolve as follows :

Section 1.1 entitled "Pay Ranges and C lass Titles'' of Article 1 entit led "Wage Provisions" is amended to read in its entirety as follows:

ARTICLE 1 -WAGE PROVISIONS
"SECTION 1.1 PAY RANGES AND CLASS TITLES
A. Battalion Chief
The pay grade hereby assigned to the classification of Fire Safety Management - Battalion Chief shall continue as follows:

Effective February 12, 2023
Class Title Ste 1 Ste 2*
Battalion Chief $14,014 $16,955
*Any member promoted to Step 1 shall be advanced to Step 2 at the discretion of the Fire Chief.

B. Deputy Chief

1. One Battalion Chief will receive a 5% pay premium for being assigned as the Deputy Fire Chief.

2. The Deputy Fire Chief works a 9/80 work schedule and is subject to work additional hours pursuant to Department needs.

3. The Deputy Fire Chief shall be assigned by the Fire Chief, with the concurrence of the City Manager.

4. The Fire Chiefs decision shall be final and not grievable.

5. At their discretion, the Fire Chief may place or remove an employee from the Deputy Fire Chief position and reassign another Battalion Chief to the position under the following conditions: disciplinary reasons or the appointment of a new Fire Chief.

6. Removal of the Deputy Fire Chief may not occur until after 12 months in the assignment."
Resolution 2023-21 1 Fire Safety Management
Amendment #2

Section 1.2 entitled "Methods of Compensation" of Article 1 entitled "Wage Provisions" is amended to read in its entirety as follows :
"SECTION 1.2 METHODS OF COMPENSATION
A. Compensation shall be determined on a monthly basis, inclusive of all assigned pay premiums, and shall be fixed according to the responsibilities fulfilled and shall not be based on a fixed number of hours per week, nor shall it be affected by variations in work schedules.

Employees in this group are eligible for overtime compensation as outlined in Section 3.2, which is paid on a per-hour basis, using the following formula:

Straight Time Hourly Rate = Monthly Salary plus assigned premiums 173.33

8. Payments due shall be paid on a bi-weekly basis unless otherwise specified within this Agreement. By mutual consent of the parties, early payment and other modifications can be made."
Section 2.1 entitled "Longevity Pay" of Article 2 entitled "Special Compensation Provisions" is amended to read in its entirety as follows:

ARTICLE 2-SPECIAL COMPENSATION PROVISIONS
SECTION 2.1 LONGEVITY PAY
A. This section applies to the 6 employees converted in the 2017 Fire Department reorganization.

Employees converted into this group and covered by the Fire Safety Management Resolution before January 24, 2017 shall receive longevity pay in the following manner:

1. Commencing with the first day of the 8th year of service, 5% above base pay.

2. Commencing with the first day of the 16th year of service, a total of 10% above base pay .

3. Commencing with the first day of the 25th year of service, a total of 20% above base pay.

B. This section applies to new members to the group after the reorganization in 2017. Employees covered by the Fire Safety Management Resolution on or after January 24, 2017 shall receive longevity pay in the following manner:

1. Commencing with the first day of the 8th year of service, 5% above base pay.

2. Commencing with the first day of the 16th year of service, a total of 10% above base pay.

C. All longevity pay advancements shall be effective on the anniversary date of the required years of continuous service (unpaid leaves in excess of 10 working shifts, except for extended military leave, shall be deducted in computed total service) as a regular employee of the City of Torrance or total years of service as a full-time regular employee with the City of Torrance Fire Department whichever provides the longer term of service." Resolution 2023-21 2 Fire Safety Management
Amendment #2

Section B entitled "Hazardous Material -First Responder" of Section 2 enti tled "Premium Pay" of Article 2 entit led "Special Compensat ion Prov isions" is amended to read in its entirety as follow s:

SECTION 2.2 PREMIUM PAY
"B. Hazardous Material-First Responder Effective February 12, 2023, the 7% Hazardous Material -First Responder Premium is eliminated and is now included in the base pay ranges." Item B of Section 2.5 en t it led "Ca li fornia Emergency Med ica l Servi ces Required for Certifications" of Artic le 2 e ntit led "Specia l Co m pensation Prov is io ns" is amended to read in its entirety as fo ll ow s:

SECTION 2.5 CALIFORNIA EMERGENCY MEDICAL SERVICES REQUIRED CERTIFICATIONS "B. EMT-1 pay shall receive 1.50% indexed to Battalion Chief Step 2. American Red Cross Advanced First Aid: Battalion Chief who hold Advanced First Aid in lieu of EMT-1 shall receive 1.25% indexed to Battalion Chief, Step 2. Effective February 12, 2023, the EMT-1 pay (which was 1.5% of Battalion Chief Step 2 or 1.25% of Battalion Chief Step 2 if you held Advanced First Aid in lieu of EMT-1) is eliminated and is now included in the base pay ranges." Section 4.3.A entitled "Uniform Allowance" of Article 4 entitled "Benefits" is amended to read in its entirety as fo ll ows:

SECTION 4.3 UNIFORMS
"A. Uniform Allowance Effective February 12, 2023, the uniform allowance of $450 per year has been eliminated and is now included in the base pay ranges." Section 5.7 ent it led "Deputy F ire Chief' of Article 5 is deleted in its entirety .

SECTION II.

Section 2 Resolution No. 2022-18 is amended as follows :

Section 4.1 entitled "Em ployee Insurance" of Article 4 entitled "Benefits" is amended to read in its entirety as fo ll ows:

ARTICLE 4 -BENEFITS
"SECTION 4.1 EMPLOYEE INSURANCE
A. Health Insurance
The City shall pay the PERS mandated minimum health contribution (per PEMHCA) towards medical insurance. The PERS mandated minimum health contribution will apply only toward the health insurance premium of one of the authorized PERS health insurance plans. If the f
employee does not participate in the PERS insurance plans, the PERS mandated minimum health contribution cannot be used for any other purpose.

Resolution 2023-21 3 Fire Safety Management
Amendment #2

B . Cost of Medical Insurance for Active Employees
In addition to the PERS Minimum Contribution (per PEMHCA), the City shall provide active employees with an additional contribution, which may be used by the employee to pay for approved health insurance plan premiums, dental, or vision insurance ("Cafeteria Contribution"). The aggregate amount of the Cafeteria Contribution and the PERS Minimum Contribution shall be referred to as the "City Contribution." The Cafeteria Contribution will be calculated by deducting the applicable PERS Minimum Contribution from the total City Contribution. The City Contribution cannot be taken in cash and will only be made by the City to the extent of the eligible employee's election of insurance pursuant to the limitations in Section D. Employees may opt-out of City offered benefits. Certain employees who opt out may be eligible for cash-in-lieu as provided by Paragraph E in this Section 4.1.

C. The City shall continue payment as provided in this section while on an authorized medical leave of absence for a period not to exceed twelve months for any employee covered by this agreement.

D. Health Insurance
Effective January 1, 2023
The City Contribution is $669.54 for single-party coverage, $1,261.76 for 2-party coverage, and $1,617.53 for 3-party coverage. The Cafeteria Contribution can be calculated by subtracting the current PERS Minimum Contribution from the City's Contribution (see below).
1 Partv 2 Partv 3 Partv
PERS By Statute By Statute By Statute
Mandated
City $669.54 less $1,261.76 less $1,617.53 less PERS
Cafeteria PERS Minimum PERS Minimum Minimum Contribution Contribution Contribution Contribution
Any amount remaining may be used to offset family dental or towards two-party or family vision.

E. Cash-In-Lieu Payments
Employees covered under this Resolution who meet the following requirements will receive a cash-in-lieu payment of $400 per month for as long as the employee opts-out of medical coverage:

1. The employee provides proof of minimum essential coverage ("MEC") through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year for which the employee opts- out of City-offered coverage ("alternative required coverage"). 1 2. The proof of coverage must show that the employee and all individuals in the employee's expected tax family have (or will have) the required MEC for the applicable period by signing and submitting an attestation to the City.

3. The employee must provide such reasonable evidence and attestation of alternative required coverage every plan year during open enrollment.

Resolution 2023-21 4 Fire Safety Management
Amendment #2

4. The City will not provide the cash-in-lieu payment if it knows or has reason to know that the employee or tax family member does not have the alternative required coverage.

If an employee receives cash-in-lieu of selecting a health insurance plan, such amount shall be reported as earned income for tax purposes but shall not be deemed earned income for retirement purposes as delineated in a letter from the U.S. Internal Revenue Service dated June 15, 1982.

It is the understanding of the parties that the dollars distributed to the employee as cash in this manner shall not be construed as earned income for PERS purposes.

F. Annuitant/Retiree Health: Effective January 1, 2009, for the purposes of this section, annuitant/retiree shall be defined as a Fire Safety Management member (and/or their spouse) who has retired from the City of Torrance through a service, industrial, or non- industrial disability retirement and who starts collecting his/her pension within 120 days of separating from the City of Torrance.

1. Annuitant:

The City shall allocate $130.50 per month above the PERS minimum employer contribution per annuitant who participates in PERS health insurance.

2. Retiree Health for Retirees Not in PERS Medical Allowance:

Retirees or surviving spouses who do not participate in the PERS insurance plan will receive $146.50 per month toward the health insurance premium. This amount is subject to the method of payment and the method and degree of any audits required by the City.

G. The City will provide a $50,000 life insurance policy for each employee covered under this agreement.

H. Employees covered by this agreement shall be covered by the City's STD/LTD plan.

I. All employees covered by this agreement will receive two-party dental insurance. This benefit has no cash value if not used. If employees want to cover additional family members not covered, additional insurance may be purchased and paid for by the employee.

J. All employees covered under this agreement will receive, at no cost to Fire Safety Management or members, one-party vision insurance. This benefit has no cash value if not used. If employees want to cover additional family members, additional insurance may be purchased and paid for by the employee.

Resolution 2023-21 5 Fire Safety Management
Amendment #2

SECTION II SEVERABILITY
If any section, subsection, sentence, clause, or phrase of this resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the resolution. The City Council hereby declares that it would have passed this resolution and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

INTRODUCED, APPROVED and ADOPTED this 14th day of March 2023.

APPROVED AS TO FORM:

Patrick Q. Sullivan, City Attorney
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Resolution 2023-21 6
Mayor Pro Tern Sharon Kalani
ATTEST:---
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Fire Safety Management
Amendment #2

TORRANCE CITY COUNCIL RESOLUTION NO. 2023-21

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

CITY OF TORRANCE
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I, Rebecca Poirier, City Clerk of the City of Torrance, California, do hereby certify that the foregoing resolution was duly introduced, approved, and adopted by the City Council of the City of Torrance at an adjourned regular meeting of said Council held on the 14th day of March 2023 by the following vote:

AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSTAIN : COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
Date :

Griffiths, Kaji, Lewis, Mattucci, Sheikh and
Mayor Pro Tern Kalani
None.

None.

Mayor Chen -
-------------City Clerk of the City of Torrance
Resolution 2023-21 7 Fire Safety Management
Amendment #2
..,

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