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HomeMy WebLinkAboutCC Min 1990-07-16 7-9-90/7-16-90 Approved: J~.L ~l&-- Mayor Pro em Attest: I Seal Beach, California July 16, 1990 The City Council of the City of Seal Beach met in regular adjourned session at 6:04 p.m. with Mayor ProTem Laszlo calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor ProTem Laszlo councilmembers Forsythe, Hastings, Hunt Absent: Mayor Wilson Hunt moved, second by Forsythe, to excuse the absence of Mayor Wilson from this meeting. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried Also present: Mr. Nelson, City Manager I Mr. Walsh, Assistant city Attorney Mr. Archibold, Assistant to the City Manager Mrs. Yeo, city Clerk CLOSED SESSION The Assistant city Attorney announced that the Council would meet in Closed Session to discuss pending litigation and personnel matters. By unanimous consent, the meeting was adjourned to Closed Session at 6:06 p.m. The Council reconvened at 7:54 p.m. with Mayor ProTem Laszlo calling the meeting to order. The Assistant City Attorney reported the Council discussed labor relation matters regarding the proposed Resolution set forth on the agenda and gave direction to the staff. WAIVER OF FULL READING Hunt moved, second by Forsythe, to waive the reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Councilmembers after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried I RESOLUTION NUMBER 3965 - SALARY/BENEFIT COMPENSATION PLAN - MANAGEMENT/CONFIDENTIAL/NON-REPRESENTED Resolution Number 3965 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTERED CITY, ESTABLISHING A COMPENSATION PLAN, INCLUDING SALARY AND BENEFITS, FOR MANAGEMENT, CONFIDENTIAL, AND NON-REPRESENTED EMPLOYEES AND REPEALING, ON THE EFFECTIVE DATES SPECIFIED, ALL RESOLUTIONS IN 7-16-90 I CONFLICT THEREWITH." By unanimous consent, full reading of Resolution Number 3965 was waived. The City Manager noted this item was carried forward from the July 9th meeting, that the employees subject to this Resolution had been invited to attend this meeting as requested by Council, reported that the compensation plan under consideration is basically the same as was negotiated with the organized employees, and reviewed the details of the compensation plan. Mayor ProTem Laszlo reported the Council had discussed researching other medical plans, organized and non-organized employees, and a reclassification study during Closed Session. Mr. Charles Feenstra was duly sworn as requested, and stated he was a thirteen year employee in the Building Department. He charged that there have been no negotiations or conferences with the non-represented employees, that there have been three major benefits lost in recent years, sick and vacation time was merged into leave time, where previously when an employee left city employment they were given twenty-five cents per hour for accumulated sick leave, now if it is not used it is lost, that medical benefits have been reduced as the result of negotiation of a special medical package with the Police Department, which led to elimination of an indemnity plan and forced the employees into a health maintenance organization plan where the employee can no longer go to their doctor of choice. Mr. Feenstra offered that the Memorandum of Understanding states that there shall be no reduction of benefits and during his employment the employees had the best insurance but the lowest pay, however now there is unacceptable insurance and the pay remains below County average, and a recent survey showed twenty-four employees expressed a desire for a change of insurance. He said that a previous City Manager suggested the Building Department negotiate separately with the Personnel Director, which was accomplished through an election in 1984, since given the financial condition of the city and inability to purchase new vehicles, he wanted the employees to drive their own vehicles in the performance of job related duties, which Mr. Feenstra charged has not been negotiated for the past two years. He added that for the past four years there have been requests for revised job classifications due to changes within the Department, one Senior Building Inspector, one Building Inspector, and one permit processor, that request supported by the three recent department heads, however the city Manager has taken no action. He said the Building Department pays for itself, generating $184,000 during 1989 and $224,000 the first six months of 1990. Mr. Feenstra stated the city Manager has been requested in writing to negotiate with the Building Department employees a number of times, yet there has been no response. He requested assistance to resolve these problems, asked that the life insurance policy of a previous building inspector, now deceased, be investigated, as well as the car allowance of the new building inspector, which started at twenty-five cents per mile even though the MOU at the time called for $400 per month, and after he complained a new truck was provided however he then received a personal bill for $389 per month from the car dealership. He said that gas, maintenance, and insurance is being paid for that truck yet it is not in the budget nor was it approved by the Council, where the intent of the inspectors using personal vehicles was cost effectiveness. Mr. Feenstra said a meeting with the city Manager was again requested in December, 1989, five letters, no response, a letter then sent to the council subsequent to which a meeting was held with the Mayor and City Manager, at which time Mr. Feenstra I I 7-16-90 stated that the city Manager agreed to provide PERS medical benefits to all employees, as it was claimed indemnity insurance could not be obtained, also agreeing to reclassification of himself and the secretary by the first of May, which as yet has not been done. He charged that this constitutes Charter, labor relations, and civil rights violations, and asked for Council assistance to resolve these concerns. Mr. Feenstra responded to questions of Council, stated the auto allowance in 1984 was $175 per month, raised to $400 per month in 1986, claiming that was the allowance of the department heads at that time, again said the City Manager in 1984 asked if the inspectors would remove themselves from the Orange County Employees Association in an effort to provide better representation than through OCEA, thus a separate bargaining unit was requested and approved by Resolution. The city Manager clarified that department heads receive $150 per month auto allowance and to his knowledge never received $400, that under the present Resolution one building inspector receives $400 per month, a continuation of prior Resolutions, the other inspector receives an assigned vehicle as set forth by the Resolution which states that if the City does not provide a vehicle then the incumbents in the position of building inspection shall be reimbursed at a rate of $400 per month for the use of privately owned automobiles, plus once per week use of the designated car wash. Mr. Feenstra claimed that the City Manager has disregarded the previous MOU's, the last one being 1987/88, which provided there would be no reduction of medical benefits and set forth the regulations for vehicle use, stating neither of those provisions have been negotiated. Councilman Hunt inquired if the medical benefits were different from the other employee groups and if the building inspectors were removed from the employee organization without choice. Mr. Feenstra responded that OCEA medical coverage is the same and that the inspectors were classified as non-represented without choice, however added that in 1984 there was an election to withdraw from OCEA, that a separate MOU resulted, yet later ruled invalid. The city Manager explained that once an employee is not represented under the Meyers/Milias/Brown Act the obligation of management is to meet and consult, not to meet and confer and negotiate a Memorandum of Understanding, and offered that the City's rules of procedure at the time the decertification occurred were not followed, which was pointed out by the OCEA, that the correct procedure was subsequently initiated, the election was held, and the building inspectors were removed from OCEA and became non-represented. He acknowledged that the inspectors could rejoin OCEA, however the current personnel rules provide that to be a recognized organization it must represent fifteen percent of the employee work force, or approximately nineteen employees, yet the revised personnel rules that have been proposed provide for a petition of fifteen percent of a group of employees having some commonality, therefore if those rules are adopted that would allow the building inspectors to organize separately. Mr. Feenstra said he felt there are some non-represented employees that would consider organizing. Discussion followed and Mayor ProTem Laszlo suggested that possibly direction could be given to staff to prepare a report and/or resolution to accomplish easing the percentage requirement for employees to organize, and that the interested employees should indicate their desires to the staff or Council. Councilmember Hastings suggested that staff meet and consult with the non-represented employees in the interim. The City Manager said he was uncertain as to the exact number of times the Assistant to the city Manager had met with Mr. I I "I 7-16-90 , Feenstra, however he personally met with him four times since December 1989 regarding various compensation/benefit matters, not including group meetings. councilman Hunt was excused from the meeting at 8:40 p.m. Mr. Bob Eagle, Landscape Supervisor, said he was one of five Public Works Department Supervisors, four of which were present at this meeting, that he had just become aware of what was being requested on their behalf, and suggested that possibly two weeks before OCEA finalizes their MOU that the non-represented employees be given the opportunity to present their desires. He said that opportunity did not occur this year, that there were certain issues that they wanted to address, as an example the lead person received a two percent inequity adjustment and it was thought, based upon the formula, that the employees above that position would likewise receive that percentage increase. He said the employees quite often agree to certain benefits and/or caps placed thereon because the individuals enjoy working for this city and it becomes a personal pleasure when positive things are made to happen, yet the employees want to be recognized for their efforts. He stated he felt it important that the line of communication be kept open. Mr. Eagle said there is often an uncertainty as to whether specific requests are considered in the budget, citing as an example requests for additional manpower, where his division once had up to seventeen employees there are now eight persons, and with increased parks and landscaped areas the maintenance is not felt to be up to the level that it should be. He noted that those employees with many years of employment experience are capped out and can go no higher, therefore an incentive could be considered in those cases. He made reference to the OCEA provision where employees having a license that is over and above their job responsibilities receive a specified monthly bonus, and suggested that the level of supervisor should likewise be eligible for such bonuses. Mr. Eagle offered that it is important that employees be provided the opportunity to present their feelings, that the possibility of organizing as a group should be given thought, however noted that he felt everyone does work together and the city Manager maintains an open door policy for all personnel, and further, the fact that there is only a certain amount available each year for salaries and benefits, and that there are limitations, is understood. Ms. stephanie stinson said her position fell within the confidential classification, therefore non-represented, and that she was speaking on behalf of her range group. She stated the employees within this classification are required to have specific qualifications of experience and education, yet the maintenance employees, that are unskilled and only required to have an eighth grade education have the opportunity to negotiate and do receive a higher salary, and even though the non-represented group may have a benefit they do not, such as a higher life insurance coverage, that would be lost if the employees chose to return to OCEA. She also made reference to the open door policy of the city Manager. Ms. Libby Gonzales stated her position also falls within the confidential classification, that 1986 was the last time she could recall an effort to organize as a group, that their request was taken to the then Assistant City Manager after which it was found they still had no representation since the group of employees did not qualify under the fifteen percent work force requirement. She noted that even though there is still not an organized group, these employees are met with at budget time, offered the opportunity to meet I I 7-16-90 with the Assistant to the city Manager, and her experience has been that such requests, whether they be verbal or in writing, have always been readily accommodated, yet there is no assurance that the requests will be granted. Ms. Gonzales spoke favorably of consideration of organizing as a group. She suggested that the proposed Resolution be adopted with a stipulation that it could be amended within a specified period of time to address any of the concerns. Mr. Chuck. Goetz, Building Inspector, referred to the combined vacation and sick hours as leave time, and spoke of his past employment experiences where those benefits have been separated, a specified cap or no cap on maximum hours, often credited on a percentage basis at the time of retirement or a percentage payment for hours accumulated over a maximum, where the present policy of this city is that it must be used or it is lost. He said he felt the Building Department deserves an inequity increase since it is the norm to work past closing hours, to not take breaks, often working through lunch hours, without requesting overtime or comp time, that it is recommended they be certified by ICBO which requires after hours schooling and ultimate test, which should be recognized with certification pay. Mr. Goetz added that he was provided the city vehicle and twenty-five cents per mile, however he would have preferred to use his own vehicle and receive the full auto allowance. He also confirmed the open door policy of the Assistant to the City Manager and the head of the department, stated it is a great City to work for and he would prefer not to go elsewhere. Ms. Margo Kennedy expressed her pleasure in working for the city, spoke favorably of the compensation package, and of the representation afforded the non-represented employees by the city Manager, who she said has met and, consulted and has been open and responsive to concerns. Mr. Steve Cushman, Lifeguard Department, said he believed he was the only employee who is not compensated for overtime hours, which he had brought to the attention of management yet remains unresolved, and expressed his pleasure in working for the City. Mr. Bruce Stark, Seal Beach, charged that the alleged fifteen percent of the work force requirement to be an organized group is not correct, rather it is fifteen percent of those in the unit, and recalled his comments regarding the personnel rules at the previous meeting. The Assistant city Attorney responded that he was not aware of past procedures for determining an appropriate bargaining unit or petition process, yet pointed out that the revised personnel rules, yet unadopted, speaks of the bargaining unit where the existing rules make reference to the work force. Mr. Stark said he believed the City Manager still makes the determination as to what is the appropriate unit, agreed that there must a commonality, however in past practice there was a negotiated MOU with the Building Inspectors that should be honored and carried forward, and charged that the Meyers/Milias/Brown Act does not prevent the City Manager from doing that. The Assistant City Attorney explained that the city Manager does not have the option to determine, where a group of employees have decided to have someone else represent them, to then bargain with those employees, that he can meet with the individual employees however he can not decide that he will meet and confer on his own with a certain group, especially if the employee relations resolution sets forth procedures for identifying who speaks for a group of employees, which group of employees are represented and which group are not represented. He noted that previous Resolutions and MOU's with the Building I I :,;' , , ' ! - 7-16-90 I Inspectors are being reviewed, and read the current provision to hold an election for a bargaining unit, requiring 'proof of employee approval equal to at least fifteen percent of the total full-time City employees', and noted that provision has been proposed to be changed. Mr. Alan Potepan, Leisur-e World, suggested that the employee who had removed himself from OCEA representation to bargain separately now has no reason to complain. Ms. Joan Fillman requested a copy of the guidelines for forming an organized group. The City Manager pointed out that the labor relations ordinance is contained within the city Code. I The city Manager again reviewed the compensation package proposed for Management, Confidential, and Non-Represented employees. Mayor ProTem Laszlo indicated his concern that the Police Chief receives compensation greater than that of the City Manager. Discussion followed. Various procedural options available to the Council were mentioned with regard to adoption of the proposed compensation Resolution. The city Manager noted that the salary ranges set forth are base pay, one-half of one percent between ranges, and that provision for bonuses are set forth in various sections of the Resolution, also that the salary increases are proposed to be retroactive to July 4th. Mayor ProTem Laszlo said he believed the salary of the Police Chief js reflective of seniority bonuses for his many years with the Department. Captain Maiten, Police Department, a member of the management group, stated his comments were unsolicited, yet expressed concern with comments regarding the salary of the Police Chief. He offered that for nearly twenty years he was a member of the Police Officers Association negotiating team, and as such a number of years ago he participated in the negotiations for percentage increases based upon years of seniority with the city, an employee incentive program for the Department, and advised that the Association had traded fringe benefits for salaries in order to be competitive with other cities. He noted that it is not the fault of the Chief that he has been with the City for more than twenty years, and pointed out also that there is a like incentive for other employees that have been with the City for a period of ten years. Captain Maiten suggested that instead of postponing adoption of this Resolution, the salary of the city Manager should be increased. The City Manager clarified that his compensation is not covered by any of the Resolutions that have been considered by the Council. Laszlo moved, second by Forsythe, to hold Resolution Number 3965 over until next meeting when all members of the Council are present. AYES: NOES: ABSENT: Forsythe, Hastings, Laszlo None Hunt, Wilson Motion carried I CITY COUNCIL ITEMS Councilmember Forsythe stated to comply with Ordinance Number 1193, Specific Plan Regulation Zones and Procedures, and Resolution Number 3937 denying the Hellman property development approvals, she would request that the an item be placed on the next agenda to create a committee comprised of no less than two residents from each district to work with the City to develop a City initiated Specific Plan for the Hellman Ranch. CLOSED SESSION No further Closed Session was held. 7-16-90/7-23-90 ORAL COMMUNICATIONS There were no Oral Communications. ADJOURN It was the order of the Chair, with consent of the Council, to adjourn the meeting at 9:35 p.m. .1 lerk and ex-of of Seal Beach of the Approved: ~.L- ~.I- Mayor ProTe Attest: Seal Beach, California July 23, 1990 The City Council of the City of Seal Beach met in regular session at 7:13 p.m. with Mayor Wilson calling the meeting to order with the Salute to the Flag. ,I ROLL CALL Present: Mayor Wilson Councilmembers Forsythe, Hastings, Hunt, Laszlo Absent: None Also present: Mr. Nelson, city Manager Mr. Barrow, Assistant City Attorney Mr. Whittenberg, Director of Development Services Mr. Jue, Director of Public Works/ City Engineer Mrs. Yeo, city Clerk WAIVER OF FULL READING Forsythe moved, second by Laszlo, to waive the reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Councilmembers after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. PRESENTATIONS ,I SEAL BEACH REALTORS - SIGNS Mr. Jim Klisanin, 7th Street, referred to the recently adopted sign regulations, and noted the importance to the real estate industry of placing signs to attract people into neighborhoods where properties are for sale, a service that in turn is provided to citizens in need of selling their property as well as the benefit of increased tax to the city. He suggested that consideration be given to allowing