HomeMy WebLinkAboutCC MINUTES 2005 04 14 - SPEC
MINUTES OF THE SPECIAL MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
APRIL 14, 2005
CALL TO ORDER - 3:00 P.M.
ATTENDANCE
Present:
Mayor Lou Bone, Mayor Pro Tem Doug Davert, Councilmembers
Tracy Worley Hagen and Jerry Amante
Council member Tony Kawashima
Maria Huizar, Chief Deputy City Clerk
William A. Huston, City Manager; and Lois Jeffrey, City Attorney
Absent:
City Clerk:
Others Present:
PUBLIC INPUT - None
CLOSED SESSION
A.
CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6
Emplovee Orqanization:
Arlene Marks Gibbs, Director of Human
Resources
Tustin Police Support Service Association
(TPSSA)
A.1.
Aqencv Neqotiator:
Emplovee Orqanization:
Arlene Marks Gibbs, Director of Human
Resources
Tustin Police Officers Association (TPOA)
A.2.
Aqencv Neqotiator:
RECESS TO PUBLIC SESSION - 3:02 P.M.
PUBLIC SESSION
CALL TO ORDER - 3:22 P.M.
ATTENDANCE
Present:
Mayor Lou Bone, Mayor Pro Tem Doug Davert, Councilmembers
Tracy Worley Hagen and Jerry Amante
City Council Special Meeting
Minutes
April 14,2005
Page 1014
Absent:
City Clerk:
Others Present:
Councilmember Tony Kawashima
Maria Huizar, Chief Deputy City Clerk
William A. Huston, City Manager; Lois Jeffrey, City Attorney; Terry
C. Andrus, Assistant City Attorney; and Arlene Marks Gibbs,
Human Resources Director
CLOSED SESSION REPORT - Nothing to report
PUBLIC INPUT - None
REGULAR BUSINESS
1.
LABOR CONTRACT IMPASSE HEARING OF THE CITY COUNCIL AND THE
TUSTIN POLICE SUPPORT SERVICE ASSOCIATION (TPSSA) AND TUSTIN
POLICE OFFICERS ASSOCIATION (TPOA)
Human Resources Director Arlene Marks Gibbs made presentation to Council on
purpose of meeting - Council to make a determination on Labor Negotiations
Impasse Hearing.
City at impasse with 3 labor organizations: the Tustin Police Officers Association
the Officer's Unit, the Tustin Police Officers Association Management Unit, and
the Tustin Police Support Services Association - two of which are scheduled for a
hearing. Director Marks Gibbs reported that Section 17L of Resolution 88-103
governs procedures for impasses.
Correspondence was received by the City Council from John Adams. Mr. Adams
is the Chief Negotiator for TPOA and TPSSA. His letter dated April 13, 2005 to
the City Council and the Mayor's response dated April 14, 2005 were entered
into record. Letter indicated that TPSSA and TPOA will not attend nor participate
in hearing. Director Marks Gibbs suggested that Council nevertheless offer
bargaining units an opportunity to speak. From a procedural standpoint, since
TPSSA and TPOA have declared impasse, it would be appropriate that they first
present their position on the items of impasse to the City Council. Once they
conclude that, City staff would make its presentation.
Director Marks Gibbs indicated that Council had the following options: convene to
Closed Session, take no action, provide staff additional direction, and/or adopt
proposed resolutions.
Mayor Bone noted that there were no representatives from bargaining units
available to address Council.
City Council Special Meeting
Minutes
April 14,2005
Page 2 014
Presentation on Tustin Police Support Services Association
Director Marks Gibbs made presentation to Council on the Tustin Police Support
Services Association bargaining unit - represents approximately 40 employees,
includes civilian support positions such as Communications Officers, Property
and Evidence Technicians, Police Support Specialists, and Records and Police
Services Officers.
In October of 2004 TPSSA presented its request to meet and confer. Pursuant
to parameters provided by the City Council, met from November through January
on 5 occasions. In late January TPSSA declined the City's Last, Best and Final
Offer and declared an impasse. On March 3'd the City Manager conducted an
impasse meeting. The purpose of that meeting was to review the positions of
both parties in an effort to reach agreement on the disputed items. In this
procedure if mutual agreement cannot be reached on the next step for impasse
then rules require a hearing on the merits of the dispute by the City Council.
TPSSA had requested an arbitrator and that request was declined as the City
has in the past not agreed to have an outside third party make its financial
decisions.
Director Marks Gibbs summarized salary and heath benefit information as
compared to other positions in the 9 city survey group.
The City proposed a 4Yz % across the board increase for bargaining unit. Other
proposed increases included: bilingual pay currently $75 per month, proposed
$100 per month; night shift differential currently $25 per pay period, proposed
$50 per pay period. Communications Officer III last year had a 4% differential in
salary, this year proposed 5% differential in salary from the Communications
Officer II. Employees with more than 5 years of service, if retiring from the City of
Tustin currently receive $182 per month in reimbursement for retiree health
insurance; propose increase to $250. The percentage value of the proposed
contract is approximately 5.984%.
The items of impasse for this group include: Retroactivity for 2004, Retroactivity
for 2005, employer contribution - health insurance; employer contribution - retiree
medical insurance; and for negotiation purposes TPSSA would like to be
compared with the Police Sworn Unit rather than miscellaneous general
employees in the City.
Council discussion ensued.
Presentation on Tustin Police Officers Association
Director Marks Gibbs made presentation to Council on the Tustin Police Officers
Association (TPOA) unit - approximately 72 employees, includes police officers
and police recruits. This unit also requested to have an outside third party, an
arbitrator, settle this dispute, which the City declined.
City Council Special Meeting
Minutes
April 14,2005
Page 3 014
Director Marks Gibbs indicated that proposed contract would allow for a 4Yz %
increase across the board. Other increases include: education incentive - AA
degree or its equivalent, currently $150/month, proposed to increase to $175; a
Bachelor's degree $300/month, proposed increase to $325; currently pay nothing
for a Master's degree, proposed $375; increase general leave payout to 2Yz
times the annual accrual rate; uniform allowance - currently $400/year, proposed
$429; commercial officer specialty assignment and bike team specialty pay from
3 months to 9 months; and contribution of $20.50 per month per employee to the
TPOA Long Term disability program. The percentage value of the proposed
contract is approximately 6.2%.
City Manager Huston recommended adoption of Resolutions 05-59 and 05-60.
There were no public speakers on the items listed on the Agenda.
Mayor Pro Tem Davert indicated support of resolution if retroactivity for 2005
included; not support them without retroactivity. Balance of Council concurred
that proposed contract is fair and generous to both bargaining units and rejected
retroactivity for 2005 as necessary and important component of good faith
bargaining and sets precedent for future negotiations.
Motion: It was moved by Councilmember Hagen, seconded by Councilmember
Amante, to adopt resolutions. Motion carried 3-1 (Davert opposed, and Kawashima
absent).
- RESOLUTION NO. 05-59 - A resolution of the City Council of the City of
Tustin, California, amending the Classification and Compensation Plan for the
City of Tustin and implementing revised wages, fringe benefits and terms and
conditions of employment for employees represented by the Tustin Police
Support Services Association
- RESOLUTION NO. 05-60 - A resolution of the City Council of the City of Tustin,
California, amending the Classification and Compensation Plan for the City of
Tustin and implementing revised wages, fringe benefits and terms and conditions
of employment for employees represented by the Tustin Police Officers
Association - Officers Unit
PUBLIC INPUT - None
ADJOURNMENT - 4:25 p.m. - The next regular meeting of the City Council is
scheduled for April 18, 2005, at 7:00 p.m. in the Council Chamber, 300 Centennial Way,
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Mayor City Clerk
City Council Special Meeting
Minutes
April 14,2005
Page 4 014