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CC 2020-05-26_11a Direction Regarding FCFA MOUMEMORANDUM TO: CITY COUNCIL FROM: WHITNEY McDONALD, ACTING DEPUTY CITY MANAGER SUBJECT: DISCUSS AND PROVIDE INPUT AND/OR DIRECTION TO FIVE CITIES FIRE AUTHORITY BOARD REPRESENTATIVE REGARDING SUCCESSOR MEMORANDUM OF UNDERSTANDING WITH THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 4403 DATE: MAY 26, 2020 SUMMARY OF ACTION: Discuss and provide input and/or direction to Five Cities Fire Authority Board Representative regarding the proposed Successor Memorandum of Understanding (MOU) between the Five Cities Fire Authority (FCFA) and International Association of Fire Fighters Local 4403. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: Costs to the City of Arroyo Grande associated with the proposed MOU are covered by the fixed financial contribution requirements set forth in the Second Amendment to the Joint Exercise of Powers Agreement and were included in FCFA’s Fiscal Year 2019-20 budget. If the FCFA approves the MOU, the City will not be required to pay more than it is already required to contribute pursuant to the Second Amendment to the Joint Exercise of Powers Agreement. RECOMMENDATION: It is recommended that the City Council discuss and provide input and/or direction to the City’s FCFA Board representative regarding the proposed MOU. BACKGROUND: Five Cities Fire Authority The City is a member of the Five Cities Fire Authority, a joint powers authority formed pursuant to a Joint Exercise of Powers Agreement executed by the City of Arroyo Grande, the City of Grover Beach, and the Oceano Community Services District in June 2010 (JPA). The FCFA provides fire services to its member agencies and each agency is required to pay for those services according to a formula set forth in the JPA. As a joint powers authority, the FCFA is an independent legal entity that is distinct from its member agencies. It is governed by a Board that is made up of one elected official from each member agency. Under the JPA, certain items must be approved by a Item 11.a. - Page 1 CITY COUNCIL DISCUSS AND PROVIDE INPUT AND/OR DIRECTION TO FIVE CITIES FIRE AUTHORITY BOARD REPRESENTATIVE REGARDING SUCCESSOR MEMORANDUM OF UNDERSTANDING WITH THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 4403 MAY 26, 2020 PAGE 2 unanimous vote of the Board, including labor relations agreements. The FCFA is responsible for negotiating, approving, and carrying out its labor relations agreements. Second Amendment to the Joint Exercise of Powers Agreement The JPA has been amended twice since its execution in June 2010. The most recent amendment, the Second Amendment to Joint Exercise of Powers Agreement (2nd Amendment), amended the funding formula that the parties use to calculate each agency’s required financial contributions, among other changes. In addition, the 2nd Amendment set forth specific funding allocations required of each party for fiscal year 2019-2020 (FY19-20). Those allocations are as follows: A. City of Arroyo Grande $2,580,955 45.01% B. City of Grover Beach $2,015,115 35.14% C. Oceano Community Services District $1,138,148 19.85% The 2nd Amendment also required the Oceano Community Services District to cause a special tax measure to be placed on the March 2020 ballot. The 2nd Amendment states that “[s]hould the March 2020 ballot measure fail, the funding obligations set forth … above for the Fiscal Year 2019/ 20 FCFA Budget, shall be the same in Fiscal Year 2020- 21.” (Section 5.B.) FCFA Fiscal Year 2019-20 Budget The FCFA’s FY2019-20 budget built in an anticipated 2% increase in salaries for FCFA represented staff knowing that the then-current MOU with the International Association of Fire Fighters Local 4403 would be expiring and negotiations would be occurring this fiscal year. Although the City does not directly approve the FCFA’s budget, the proposed FY2019-20 budget was presented to the governing bodies of each member agency, including the Arroyo Grande City Council, for their consideration and discussion. The FCFA Board then unanimously adopted the FY2019-20 budget, as required by the JPA. Successor Memorandum of Understanding with International Association of Fire Fighters Local 4403 The FCFA’s most-recent MOU with the International Association of Fire Fighters Local 4403 expired on June 30, 2019. Negotiations began earlier this year on a successor memorandum, culminating in a proposed agreement that was presented to the FCFA Item 11.a. - Page 2 CITY COUNCIL DISCUSS AND PROVIDE INPUT AND/OR DIRECTION TO FIVE CITIES FIRE AUTHORITY BOARD REPRESENTATIVE REGARDING SUCCESSOR MEMORANDUM OF UNDERSTANDING WITH THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 4403 MAY 26, 2020 PAGE 3 Board at its May 15, 2020 meeting. The proposed Successor MOU includes a 2% salary increase for these represented employees effective May 15, 2020, and a one-time lump sum payment of $1,000 per represented employee in lieu of a retroactive salary increase. During the FCFA Board’s consideration of the proposed MOU on May 15, 2020, the City’s FCFA Board representative, Mayor Pro Tem Storton, moved to continue the item to a future special meeting to allow for a discussion to be held with the Arroyo Grande City Council. The FCFA Board voted in favor of the motion and this item was placed on your Council’s agenda for consideration. ANALYSIS OF ISSUES: Due to the nature of the FCFA and the terms of the JPA, the City does not have direct authority to approve, deny, or alter the terms of the proposed MOU. However, input and direction may be provided to Mayor Pro Tem Storton as the City’s representative on the FCFA Board and as contemplated in Section 5.6 of the Arroyo Grande City Council Handbook. The proposed MOU is anticipated to increase the FCFA’s expenditures on salaries and benefits by $23,890 in FY2019-20 and $49,700 in FY2020-21. The $23,890 identified for FY2019-20 includes both the 2% salary increase for the period of May 15, 2020, through June 30, 2020, and the $1,000 lump sum payments for represented employees. This total estimated expenditure is within the amount assumed in FCFA’s FY2019-20 budget for increases in salaries and benefits. As a result, the proposed MOU is not expected to require any adjustments to FCFA’s FY2019-20 budget. If the proposed MOU is approved by the FCFA Board, FCFA’s FY2020-21 budget will be required to include the salary and benefit increases provided for in the MOU. The proposed MOU is not anticipated to create increased costs to the City. Under the terms of the 2nd Amendment, the City’s obligations to contribute funding to FCFA is fixed at $2,580,955 for both FY2019-20 and FY2020-21. As stated in Section 5.B. of the 2nd Amendment, because Oceano Community Services District’s March 2020 ballot measure failed, the funding obligations of each party will be the same in FY2020-21 as they were in FY2019-20. This will require the FCFA to adopt a flat budget for FY2020-21. If the proposed MOU is approved, the $49,700 in salary and benefit increases will need to be carried forward into the FY2020-21 FCFA budget. It is recommended that the Council discuss the proposed MOU and provide input and/or direction to Mayor Pro Tem Storton as the City’s representative on the FCFA Board. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Discuss and provide input to Mayor Pro Tem Storton regarding the proposed MOU; Item 11.a. - Page 3 CITY COUNCIL DISCUSS AND PROVIDE INPUT AND/OR DIRECTION TO FIVE CITIES FIRE AUTHORITY BOARD REPRESENTATIVE REGARDING SUCCESSOR MEMORANDUM OF UNDERSTANDING WITH THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 4403 MAY 26, 2020 PAGE 4 2. Discuss and provide direction to Mayor Pro Tem Storton regarding the proposed MOU; or 3. Do not discuss or provide input or direction to Mayor Pro Tem Storton regarding the proposed MOU; or 4. Provide direction to staff. ADVANTAGES: Council discussion, input, and/or direction to Mayor Pro Tem Storton regarding the proposed MOU will help inform his decision as the City’s representative on the FCFA Board. DISADVANTAGES: None. ENVIRONMENTAL REVIEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. Attachments 1. Second Amendment to the Joint Exercise of Powers Agreement 2. May 15, 2020 FCFA Staff Report with proposed Successor Memorandum of Understanding Between the Five Cities Fire Authority and the International Association of Fire Fighters Local 4403 Item 11.a. - Page 4 SECOND AMENDMENT TO FIVE CITIES FIRE AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT This Second Amendment to the Five Cities Fire Authority("FCFA") Joint Exercise of Powers Agreement, dated June 7, 2010 ("JPA") ("Second Amendment"), is made and entered into as of July 1, 2019, by and between the cities of Arroyo Grande and Grover Beach, and the Oceano Community Services District("Oceano"), which are hereinafter referred to as "Party" and"Parties." WHEREAS, on June 7, 2010, the Parties entered into a JPA pursuant to Section 6500 et seq. of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California, for the purpose of allowing the Parties to share a combined fire department in order to provide efficient and economical fire protection services; and WHEREAS, in or about May of 2018,the Parties executed a Memorandum of Agreement Amending the FCFA JPA ("First Amendment") in order to provide an opportunity for the Parties to meet and confer for the purpose of considering amendments to the JPA including, but not limited to, modifications to the funding formula contained in Exhibit B of the JPA ("Funding Formula"),the provisions regarding member withdrawal, and future staffing levels beyond Fiscal Year 2018/19; and WHEREAS,the First Amendment required the Parties to agree upon amendments to the JPA by April 1, 2019 or the JPA would terminate as of December 31, 2019; and WHEREAS, in March of 2019, the Parties executed an extension of the First Amendment, which extended the time for the Parties to mutually agree upon JPA Amendments to October 1, 2019; and WHEREAS,the parties have met in good faith and now desire to amend the JPA. NOW THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows: 1. Recitals.The above recitals are true and correct and incorporated herein. 2. Strategic Plan. The Parties agree to fund the following priorities of the five-year Strategic Plan,which was adopted by the FCFA Board of Directors in 2017 for the Fiscal Year 2019/20 budget: Continued transition to Career Firefighter position with hiring of three(3) full-time positions to be assigned to the Grover Beach fire station. 3. Fiscal Year 2019/2020. Each Parties' contributions for funding the Fiscal Year 2019/20 FCFA Budget shall be: A. City of Arroyo Grande 2,580, 955 45.01% 1 ATTACHMENT 1 Item 11.a. - Page 5 B. City of Grover Beach 2,015,115 35.14% C. Oceano Community Services District 1,138,148 19.85% 4. Funding Formula. A. The Funding Formula contained in Exhibit B to the JPA is hereby amended and replaced in its entirety as set forth in Attachment 1 to this Amendment. All references in the JPA to Exhibit B shall now refer to Attachment 1. B. For Fiscal Year 2019-20, a transitional formula is used to determine the funding contributions specified in Section 3. This transitional formula modifies component 3 of the Funding Formula related to fire stations to reflect current staffing levels. This transitional formula may be used for the subsequent Fiscal Year 2020-21 as noted in Section 5B. C. The Funding Formula will be reviewed by the Jurisdiction every three years in the month of January, commencing 2023. 5. Ballot Measure. A. Oceano agrees to undertake the legally required procedures to place a special tax on the March 2020 ballot in accordance with Government Code Section 61121. Oceano will seek a special tax amount sufficient to enable Oceano to be able to fund its share of the Funding Formula taking into account the priorities of the Strategic Plan as determined by the Five Cities Fire Authority Board of Directors. B. If the March 2020 Oceano ballot measure does not pass and Oceano is unable to fund its share of the Funding Formula, by operation of this Second Amendment and subject to the Wind Down Period (identified below), Oceano will automatically and without further action cease to be a member of the JPA on June 30, 2021. The time between when the County Clerk Recorder concludes that the 2020 Oceano ballot measure has failed and June 30, 2021 will be known as the Wind Down Period." Oceano agrees that should it no longer be a member agency of the FCFA, the cities of Arroyo Grande and Grover Beach may continue to operate under the trademark name of Five Cities Fire Authority with no further rights of Oceano to that name. Should the March 2020 ballot measure fail,the funding obligations set forth in Section 3 above for the Fiscal Year 2019/20 FCFA Budget, shall be the same in Fiscal Year 2020/2021. 2 Item 11.a. - Page 6 6. Wind Down Period. A. During the Wind Down Period,the Parties shall establish the distribution of assets currently owned and/or in the possession of the JPA, including but not limited to major pieces of apparatus and capital equipment, which will allow Oceano to maintain sufficient apparatus and capital equipment in order to establish an independent fire service and will allow Arroyo Grande and Grover Beach to continue to operate as the FCFA. B. During the Wind Down Period,the Parties will establish the obligations of the Parties to pay future obligations that were incurred by the FCFA prior to April 1, 2020, including, but not limited to the following: a. Lease payments on Engine 2 and 3; however, the Parties mutually agree and understand that as a result of the dissociation and/or withdrawal of Oceano or any other Party, no Party will be obligated for future payment lease obligations for any Engine that does not remain in the custody, control, and possession of that Jurisdiction. b. Withdrawal and/or dissociation of Oceano or any other Party shall not absolve such Party of liabilities arising out of the participation in the JPA incurred in the ordinary course of business. The Parties mutually agree and understand that as a result of the dissociation and/or withdrawal of Oceano or any other Party, all Parties will remain obligated to pay future FCFA employment related obligations incurred prior to June 30, 2021, including but not limited to pension/PERS, accrued fringe benefits etc. c. During the Wind Down period, the FCFA will perform an unfunded actuarial accrued liability analysis to calculate Oceano or any other dissociating and/or withdrawing Parties' share of unfunded PERS liability,which will be due to the remaining JPA Parties or the City of Arroyo Grande should the JPA be dissolved. d. During the Wind Down Period,the Parties will meet and confer in good faith in regards to the distribution of assets and liabilities as follows: a. A determination as to the distribution of equipment and physical assets by October 1, 2020 (effective June 30,2021). b. An estimate as to the distribution of debt, employment liability, pension/PERS and other post-employment obligations by February 1, 2021 (effective June 30, 2021). c. An estimate as to the distribution of all other assets by March 1, 2021 effective June 30, 2021). e. The parties mutually agree and understand that any liability related to unresolved claims or litigation existing prior to June 30, 2021 will remain the obligation of all Parties whether remaining members of the FCFA or not. f. Prior to October 1, 2021,the Parties shall complete a post-dissociation reconciliation of all assets and liabilities incurred prior to June 30, 2021. Any party owing funds shall pay such funds to the other immediately upon 3 Item 11.a. - Page 7 determination. The parties agree to cooperate in completing this post closing reconciliation. 7. Effect of Amendment.All other provisions of the JPA shall remain unchanged and in full force and affect.To the extent there is inconsistency between this Amendment and the JPA,the terms of this Amendment shall control, including but not limited to JPA Sections 6.B, 8.B(3), and 17. 8. Counterparts. This Amendment may be executed in any number of counterparts and by the Parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. 9. Severability. If any part of this Amendment is found to be in conflict with applicable laws, that part will be inoperative, null and void insofar as it is in conflict with any applicable laws, but the remainder of the Amendment will remain in full force and effect. 4 Item 11.a. - Page 8 IN WITNESS WHEREOF,the Parties hereto have caused this Amendment to be executed by their proper officers hereunto duly authorized. CITY OF ARROYO GRANDE CITY OF GROVER BEACH if Caren Ray-4 om, Mayordr# ga or =_ . , ATT ST: - ATTEST: b. 4 1 All 4 ' Kelly -et lore, City Clerk Wendi Sims, City C erk APPROVEDOVED AS TO FORM: PP OV' U A/S O FOR1 I' :-' " , -- - Heather K. Whitham, City Attorney o ay.a Hale.; J ity Attorney OCEANO COMMUNITY SERVICES DISTRICT 4‘1ArjOW M AS)ii Linda Austin,.Presiden AS : L aI 11 By: AP' ' i ED AS TO 4).' : ' Jeff Minne ,, District Counse 5 Item 11.a. - Page 9 ATTACHMENT 1 FUNDING FORMULA Should the ballot measure pass, effective July 1, 2020,the Parties shall bear the costs of the Five Cities Fire Authority according to the following formula,to be calculated every three years when the budget is prepared. If the ballot measure fails, the funding will be in accordance with Section 5.B of this Second Amendment. 1. 33. 33% of costs shall be assessed among the Parties in proportion to the population of each Jurisdiction as most recently determined by the U.S. Census and any intervening estimates prepared by the California Department of Finance when the Fire Chief prepares each annual budget. 2. 33.33%of costs shall be assessed among the Parties in proportion to the number of annual service calls, calculated on a three-year rolling average in each Jurisdiction as most recently determined when the Fire Chief prepares each annual budget. 3. 33.33%of costs shall be assessed among the Parties in proportion to the number of fire stations located in each Jurisdiction. 6 Item 11.a. - Page 10 ATTACHMENT 2Item 11.a. - Page 11 Item 11.a. - Page 12 Item 11.a. - Page 13 Item 11.a. - Page 14 Item 11.a. - Page 15 Item 11.a. - Page 16 Item 11.a. - Page 17 Item 11.a. - Page 18 Item 11.a. - Page 19 Item 11.a. - Page 20 Item 11.a. - Page 21 Item 11.a. - Page 22 Item 11.a. - Page 23 Item 11.a. - Page 24 Item 11.a. - Page 25 Item 11.a. - Page 26 Item 11.a. - Page 27 Item 11.a. - Page 28 Item 11.a. - Page 29 Item 11.a. - Page 30 Item 11.a. - Page 31 Item 11.a. - Page 32 Item 11.a. - Page 33 Item 11.a. - Page 34 Item 11.a. - Page 35 Item 11.a. - Page 36 Item 11.a. - Page 37 Item 11.a. - Page 38 Item 11.a. - Page 39 Item 11.a. - Page 40 Item 11.a. - Page 41 Item 11.a. - Page 42 Item 11.a. - Page 43 Item 11.a. - Page 44 Item 11.a. - Page 45 Item 11.a. - Page 46 Item 11.a. - Page 47 Item 11.a. - Page 48 Item 11.a. - Page 49 Item 11.a. - Page 50 Item 11.a. - Page 51 THIS PAGE INTENTIONALLY LEFT BLANK Item 11.a. - Page 52