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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, T """". c"iJ' 4 /J- # );7¡ VY /1Í()/J ~ () LOU Br I/)í /'\. ~ELA~V ~~ Mayor City Clerk City Council Special Meeting Minutes April 14,2005 Page 4 014