CC RESOLUTION 5370RESOLUTION NO. 5370
A RESOLUTION AUTHORIZING IMPLEMENTATION OF THE
TERMS OF THE CITY'S LAST, BEST, AND FINAL OFFER TO THE
EL SEGUNDO FIREFIGHTERS' ASSOCIATION, IAFF, LOCAL 3682
(ESFA), PURSUANT TO GOVERNMENT CODE SECTION 3505, ET
SEQ.
The City of El Segundo does resolve as follows:
SECTION 1. The City Council finds and declares as follows:
A. The City of El Segundo ("City") and the El Segundo Firefighters' Association,
IAFF, Local 3682 ("ESFA") have terms and conditions governing the wages,
hours and terms and conditions of employment for members of the ESFA
bargaining unit.
B. The City is required by the Meyers-Milias-Brown Act (Government Code §
3500, et. seq.) to meet and confer in good faith with ESFA regarding wages,
hours, and other terms and conditions of employment.
C. The City's negotiation team representatives began meeting and conferring with
ESFA in November 2021 in an attempt to identify and discuss any impacts of
a Brownout of Engine Number 32 for a period of six (6) months and did so in
good faith.
D. The representatives of the City and ESFA have held eleven (11) meet and
confer sessions to identify and discuss any impacts of a Brownout of Engine
Number 32 for a period of six (6) months but have not reached agreement.
E. On April 25, 2022, the representatives of the City presented the City's last, best,
and final offer to ESFA.
F. On May 11, 2022, ESFA rejected the City's last, best, and final offer and
declared impasse.
G. The City Council finds that the City of El Segundo and the El Segundo
Firefighters' Association, IAFF, Local 3682 are at impasse in these
negotiations.
H. On May 31, 2022, ESFA requested a factfinding hearing under Government
Code § 3505 and the City and ESFA participated in a factfinding hearing on
September 7, 2022.
I. The chairperson issued the findings and recommendations on October 3, 2022
and the City made the findings and recommendations publicly available on
October 13, 2022.
RESOLUTION NO. 5370
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J. The City Council of the City of El Segundo is vested by law with the
responsibility for making a final determination regarding wages, hours and
other terms and conditions of employment for employees of the City and the
City Council is desirous of making such final determination and resolving the
impasse.
K. If any of the terms of the City's last, best, and final offer, or the application of
any provision of said last, best, and final offer to any person or group, are
enjoined, stayed, restrained or suspended in any legal or administrative
proceeding, then said provision(s) of the last, best, and final offer adopted by
this Resolution shall be deemed immediately, automatically and completely
suspended and of no further force and effect for any purpose, until such point
as the matter is fully and finally adjudicated.
SECTION 2. The Council further finds and declares as follows:
A. The City Council finds and declares that in accordance with the Meyers-
Milias-Brown Act, the City has met and negotiated in good faith with the El
Segundo Firefighters' Association, IAFF, Local 3682 for a reasonable period
on matters within the scope of representation.
B. The City Council finds and declares that the City presented the El Segundo
Firefighters' Association, IAFF, Local 3682 with the City's last, best, and final
offer.
C. The City Council finds and declares that the El Segundo Firefighters'
Association, IAFF, Local 3682 rejected the City's last, best, and final offer.
D. The City Council finds and declares that the City and the El Segundo
Firefighters' Association, IAFF, Local 3682 are at impasse in these
negotiations.
E. The City Council finds and declares that the City and the El Segundo
Firefighters' Association, IAFF, Local 3682 have participated in the factfinding
process and the factfinding chairperson issued the findings and
recommendations, which the City made publicly available.
F. The City Council finds and declares that the terms of the City's last, best, and
final offer to the El Segundo Firefighters' Association, IAFF, Local 3682 are
hereby approved and adopted. A copy of said last, best, and final offer is
attached to this Resolution, labeled "Exhibit A," and is hereby reference.
RESOLUTION NO. 5370
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SECTION 3. Severability. If any of the terms of the City's last, best, and final offer,
approved and adopted by Section 6 of this Resolution or the application of any provision
of said last, best, and final offer to any person or group, are enjoined, stayed, restrained
or suspended in any legal or administrative proceeding, then said provision(s) shall be
deemed immediately, automatically and completely suspended and of no further force
and effect for any purpose, until such legal and/or administrative proceeding is concluded
by a final adjudication including exhaustion of any and all appellate proceedings.
SECTION 4. Signature Authority. The Mayor, or presiding officer, is hereby
authorized to affix his signature to this Resolution signifying its adoption by the City
Council of the City of El Segundo, and the City Clerk, or her duly appointed deputy, is
directed to attest thereto.
SECTION 5. Effective Date. This Resolution will take effect immediately upon
adoption and will remain effective unless repealed or superseded.
SECTION 6. City Clerk Direction. The City Clerk will certify to the passage and
adoption of this Resolution, enter it in the City's book of original Resolutions, and make a
record of this action in the meeting's minutes.
PASSED AND ADOPTED this 18th day of October 2022.
Drevti+ , Ma r
ATTEST:
Jaw OJMW-)?� �.
Tracy Weavg, City Clerk
APPROVe-D S TO F I:
,.
Mark D. H nsley, City Attorney
RESOLUTION NO. 5370
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Resolution No. 5370 was duly passed and adopted by said City Council, approved and
signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said
Council held on the 18t" day of October, 2022, and the same was so passed and adopted
by the following vote:
AYES: Mayor Boyles, Mayor Pro Tem Pimentel, Council Member Pirsztuk, Council
Member Nicol, and Council Member Giroux
NOES:. None
ABSENT: None
ABSTAIN: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of October,
2022.
Tr v
y Weaver, City Clerk
of the City of El Segundo,
California
RESOLUTION NO. 5370
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EXHIBIT A
City of El Segundo Last Best and Final Offer to
the El Segundo Firefighters' Association Brownout of Engine Number 32
RESOLUTION NO. 5370
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EXHIBIT A
CITY OF EL SEGUNDO/FFA
IMPACTS NEGOTIATIONS — BROWNING OUT ENGINE 32
APRIL 25, 2022
LAST BEST FINAL OFFER
PREAMBLE: During negotiations with the FFA for a successor MOU, the City proposed, as a
separate item, to brown -out Engine 32 for a period of six months. The City has met and
conferred with the FFA in good faith regarding any reasonable foreseeable impacts of the City's
proposal to brown -out Engine 32 for a period of six months. FFA identified two potential
impacts on their members. The FFA asserted that browning -out Engine 32 will: (i) negatively
affect the safety of its members, and (ii) increase the workload on its members. The City has
reviewed all of the FFA's information concerning safety, all of which are speculative in nature,
and has determined that its proposal to brown -out Engine 32 for a period of six months does not
expose FFA members to increased safety risks. The City has stated, and continues to maintain,
that FFA members are expected to adhere to the current safety standards in the Fire
Department's policies and procedures (e.g., minimum amount of personnel at structure fires,
etc.). The arguments offered by the FFA for the alleged safety concerns are speculative in nature.
Concerning the assertion that browning -out Engine 32 will increase the workload for FFA
members, particularly as it relates to building inspections, the City expects all Fire Department
employees to complete their assigned tasks during their assigned work hours. In the event that
FFA members are unable to complete inspections as a result of the browning -out of Engine 32
for a period of six months, the City agrees that FFA members will not be subject to discipline if
goals for building inspections are not met.
Accordingly, the following constitutes the City's Last, Best and Final offer ("LBFO") to the
FFA:
(1) Engine 32 will be browned -out for a period of six months effective May 16, 2022
or the City Council's adoption of this LBFO.
(2) The fire suppression personnel displaced from this brown -out will work in place
of other firefighters, engineers and captains who are on vacation, sick leave, are injured,
or in training or filling other department needs.
(3) Fire Station 2 will not be closed. Truck 32 and Rescue 32 will remain available to
respond to calls for service.
(4) FFA members shall not be subject to discipline if the Fire Department is unable to
complete the City expected number of building inspections during the six-month period
of the brown -out.
City staff will assess the impact on the level of service to City residents from the six-month
brown -out of Engine 32 and submit a report to the City Council for consideration of further
action, if any.
The City requests that the FFA respond to this LBFO by Monday, May 2, 2022.
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