RESOLUTION NO. 2025-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TORRANCE, CALIFORNIA, AMENDING RESOLUTION
NO. 2024-68 SETTING FORTH HOURS, WAGES, AND
WORKING CONDITIONS FOR FIRE SAFETY MANAGEMENT
AMENDMENT #1
SECTION I
The City Council of the City of Torrance does hereby resolve as follows effective July 13, 2025 :
A p p endix C in its entirety as follow s:
APPENDIX C
PORAC RETIREE MEDICAL TRUST
AGREEMENT BETWEEN THE CITY OF TORRANCE
AND FIRE SAFETY MANA~EMENT
WHEREAS, the Fire Safety Management ("FSM") wishes to enter into a Joinder Agreement with the PORAC Retiree Medical Trust ("Trust") in order that members entering FSM from the Torrance Firefighters Association (TFFA) may remain active participants in the Medical Expense Reimbursement Plan of the PORAC Retiree Medical Trust ("Plan"); and
WHEREAS, pursuant to the Joinder Agreement between the FSM and the Trust, each employee who is a member of the FSM who has an active plan will make the following pre-tax contributions to the Trust:
1. A mandatory, pre-tax employee contribution of $200 per month; and
2. A mandatory employee contribution equal to 100% of the balance of the employee's unpaid accrued sick leave as of the date of his or her separation from service; and
3. A mandatory employee contribution up to 100% of the balance of the employee's unpaid accrued vacation pay as of the date of his or her separation from service.
NOW, THEREFORE, the City of Torrance ("City") and FSM on behalf of itself and its members hereby enter into the following agreement, which is part of the resolution between the City and FSM:
1. FSM hereby acknowledges and agrees that the FSM has made the decision to sign a Joinder Agreement with the Trust and that this decision has been made independently of the City. The City makes no representations or warranties regarding the Plan or Trust or the ability or willingness of the Plan or Trust to make payments or provide benefits to or on behalf of the members of the FSM, their dependents, or their beneficiaries now or in the future;
Resolution 2025-42 Fire Safetv Manaaement
2. FSM further acknowledges and agrees that the City has made no representations or warranties regarding and has no involvement in the design, governance, administration, operation, or financing, of the Plan or the Trust and that the City makes no representations or warranties regarding the taxation of contributions to the Trust, the taxation of benefits paid under the terms of the Plan, or the compliance of the Plan and Trust with any state or federal tax laws;
3. The City and FSM agree that the City shall withhold the mandatory employee contributions set forth above from the pay of individual employees who are members of FSM and remit those contributions to the Trust for the duration of the resolution. Those contributions shall be remitted monthly (in one aggregate check) to the plan administrator, accompanied by a list of contributing employees. Notwithstanding the foregoing, if the Joinder Agreement between FSM and the Trust is terminated before the expiration of the resolution, the City's obligation to withhold mandatory employee contributions shall end on the date that the Joinder Agreement is terminated;
4 . The City and FSM agree that FSM has the right, subject to approval of its members according to the TFFA's internal rules, to prospective_ly modify the amount of the mandatory employee monthly contribution or the percent of the mandatory employee leave contribution during the course of this agreement, so long as the modification is mandatory for all employees covered by this agreement. FSM must notify the City in writing by June 15 of each year of any change to the above monthly contribution amount and percentage of leave contributions, with such change to become effective on or after the first pay period in July of the applicable year.
5. The City and the FSM agree that the employee contributions are mandatory deductions from the employee's wages for payments to a health and welfare fund pursuant to a Collective Bargaining Agreement in accordance with California Labor· Code § 224. Members who promote out of or transfer out of FSM will not be able to contribute to the PORAC Retiree Medical Trust, unless the employee is covered by a Collective Bargaining Agreement or resolution which requires contributions to the PORAC Retiree Medical Trust. Any contributions that were made on behalf of such employee will remain in the PORAC Trust and may only be distributed in accordance with the terms and conditions of the Medical Expense Reimbursement Plan of the PO RAC Retiree Medical Trust.
6. The City and FSM agree that the City has no obligation to contribute any additional monies to the Plan or Trust, that the City will not pay any administrative or other costs associated with the operation of the Plan or Trust; and that the City will not pay any medical benefits associated with the contributions to, the operation of, or the ability or inability of the Plan and Trust to pay benefits;
7. FSM agrees that FSM will indemnify, defend and hold harmless the City, its employees and agents (collectively, the "Indemnified Parties") from and against any liabilities and expenses, to a maximum total expenditure of $10,000 for defense and indemnification, including all costs, taxes, claims for benefits, attorneys' fees, fines, damages and judgments, in connection with the participation of FSM and its members in the Plan and Trust or in connection with the provision of benefits to members or former members of FSM.
8. The City and FSM agree that mandatory monthly employee contributions to the PORAC Retiree Medical Trust shall be treated as salary for purposes of pension (PERS) calculations to the extent permitted by PERS.
Resolution 2025-42 2 Fire Safetv Manaaement
This agreement contains the parties' entire agreement and supersedes any prior oral or written agreements between the parties with respect to the participation of FSM members in the Plan and Trust. There are no representations, agreements, arrangements, or understandings (oral or written) between FSM and the City relating to the participation of FSM members in the Plan and Trust which are not fully expressed in this agreement.
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 8th day of July 2025 .
May-OJ"eorg e K. Chen
APPROVED AS TO FORM :
P~ey
by· ~
~s~ttorney
ATTEST :
TORRANCE CITY COUNCIL RESOLUTION NO. 2025-42
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF TORRANCE
)
)
)
ss
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 a regular meeting of said Council held on the 8th day of July 2025 by the following roll call vote:
AYES:
NOES:
ABSTAIN :
ABSENT:
COUNCILMEMBERS
COUNCILMEMBERS
COUNCILMEMBERS
COUNCILMEMBERS
~ ~·~ Date : ___ , __ \~____,1----_i)i __ _
Resolution 2025-42
Gerson, Kaji, Kalani, Lewis, Mattucci, and Mayor Chen .
None.
None. /
Sheikh .
Rebe
City C erk of the City of Torrance
3 Fire Safetv Manaaement