Agenda Item No. 11
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of November 22, 2022
_______________________________ _________________________________ Prepared by: Approved by:
Shannon Sweeney Todd Bodem, City Administrator
Public Works Director/City Engineer
SUBJECT: Public Hearing to Discuss Solid Waste Franchise Agreement RECOMMENDATION:
That City Council hold a public hearing and provide staff with direction on the next steps for the City’s solid waste franchise agreement.
BACKGROUND:
The City entered into an amended and restated franchise agreement with what is now Waste Management (WM) on March 8, 2016. This agreement terminates at the close of business on July 1, 2023. The City has the right to extend the term of this franchise agreement two additional periods of five years.
DISCUSSION:
The latest amended and restated agreement is attached as Attachment 1.
The last five years have been very active in solid waste from a regulatory standpoint. Since our last agreement, most notably AB1826 (mandatory commercial organics recycling) and SB1383 (food waste recycling). WM has folded these additional requirements into their operations and reports as needed.
In light of WM’s faithful execution of the existing agreement, positive working relationship with the City, and the responsiveness to resident needs and concerns, City staff recommends negotiating one 5-year extension of this franchise agreement.
Liz Gomez, Public Sector Solutions Manager from Waste Management will be present at the Council meeting to answer questions.
ATTACHMENTS
1. Amended and restated solid waste franchise agreement Shannon Sweeney
ATTACHMENT 1
Agenda Item No. 12
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of November 22, 2022
____________________________________
Approved by:
Todd Bodem, City Administrator
SUBJECT: Public hearing to consider impasse and the imposing of the City’s last, best, and final offer on the International Association of Firefighters Unit 4403 (IAFF) pursuant to Government Code Section 3505.7
BACKGROUND:
Beginning in May 2021, the City of Guadalupe and the IAFF Local 4403, met and engaged in negotiations regarding a successor Memorandum of Understanding (MOU). The City and IAFF were unable to reach an agreement. The City submitted its last, best, and final offer to IAFF on or about May 10, 2022. In spite of sporadic communications and discussions since that time, the parties have arrived at an impasse, and the City team has completed all impasse procedures as required by applicable statues, rules, regulations, and agreements. Government Code section 3505.7 authorizes the City Council to implement the City’s last, best and final offer.
RECOMMENDATION:
That the City Council:
1) Open the Public Hearing and receive public comments. 2) Receive presentation from IAFF Unit 4403.
3) Receive presentation from City’s lead negotiator.
4) Close the Public Hearing.
5) Approve Resolution No. 2022-105 to impose the City’s last, best, and final proposal on IAFF pursuant to Government Code Section 3505.7.
FISCAL IMPACT:
Clarification on various items of the last, best, and final offer (LBFO) resulted in $3,000 more than what was previously budgeted for the current fiscal year. This includes a two percent (2%) COLA.
The cost of the second year of the LBFO would be about $945,000. The cost for the third year of the LBFO, for Fiscal Year 2023/2024, costs are estimated to be $968,000, which includes an additional three percent (3%) COLA.
ATTACHMENTS:
1. Resolution No. 2022-105
RESOLUTION NO. 2022-105
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADLAUPE APPROVING IMPASSE AND IMPOSING THE CITY’S LAST, BEST AND FINAL PROPOSAL ON THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 4403 PURSUANT TO GOVERNMENT CODE 3505.7 WHEREAS, the City of Guadalupe (“City”) and the International Association of Firefighters Local 4403 (“IAFF”) were signatories to a Memorandum of Understanding (“MOU”) that expired on June 30, 2021 setting forth certain terms and conditions of employment for employees in the IAFF bargaining unit; and
WHEREAS, beginning in May of 2021, the City and IAFF negotiation teams met and engaged in extensive negotiations over the terms of a success to said MOU; and WHEREAS, notwithstanding that the City and IAFF negotiations teams have met many times in an effort to conclude the terms of a successor MOU, the City and IAFF have not reached agreement on such terms; and
WHEREAS, on or about May 10, 2022, the City’s negotiation team submitted the City’s Last, Best, and Final Proposal to IAFF and provided an explanation of the terms to IAFF; and WHEREAS, the Last, Best, and Final Proposal did not lead to an agreement of a successor MOU; and
WHEREAS, notwithstanding the efforts described above, the parties have arrived at an impasse; and
WHEREAS, the City’s impasse procedure has been completed, to the extent allowed by law, in good faith; and
WHEREAS, pursuant to Government Code section 3505.4, IAFF could have sought additional impasse process by making a factfinding request to PERB and submitting the matter to a factfinding panel, but IAFF did not request this factfinding process; and WHEREAS, the City’s impasse procedure has been completed, to the extent allowed by law, in good faith; the parties have concluded the impasse resolution procedures as required by all applicable statutes, rules, regulations, and agreements; and all applicable mediation and factfinding procedures have been exhausted; and
WHEREAS, pursuant to Government Code 3505.7, the City Council of the City of Guadalupe has considered this matter following holding a public hearing regarding impasse and concluded that it is appropriate to implement the City’s Last, Best and Final Proposal; and ATTACHMENT 1
WHEREAS, in such circumstances, Government Code section 3505.7 authorizes the City Council of the City of Guadalupe to implement its Last, Best and Final offer.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Guadalupe that the following changes in terms and conditions of employment of members of IAFF bargaining unit 4403 shall be implemented as set forth in Park A below, effective immediately upon adoption of this Resolution:
PART A - Modification and Imposition of Terms and Conditions I. Adoption of a new 7(k) FLSA Period for Overtime - Consistent with the FLSA section 29, USC Section 207 subsection (k), the City shall have the option to convert the current 14-day FLSA period to a 28-day FLSA period effective July 1, 2023.
II. Shift Trades - Consistent with the FLSA section 29 USC Section 207 subsection (p)(3) – with the prior approval of the City, employees shall be entitled to conduct shift trades without additional overtime liability.
III. Wage Increase – Effective July 1, 2022 – 2% wage increase.
IV. Uniform Administration – The uniform maintenance allowance paid to full-time unit members shall be $20 per pay period/biweekly ($520.00 per year). In addition, each June and December, full-time sworn employees shall be permitted to purchase up to $475 of new uniforms and/or work-related equipment at the City’s expense. Personal items such as prescription eye or sunglasses are not included in the uniform allowance, as the City provides vision care that allows for a Well Vision Exam every 12 months, contacts, frame, and lens allowance. Reference VSP Vision Summary for details.
Incidentals for personal grooming or hygiene are not included per IRS guidelines.
V. Incentive Pay for Special Assignments – Firefighters assigned to Special Assignments, as designated by the Director of Public Safety, will be entitled to a premium above their base salary payable with the normal payroll, with a maximum of two (2) assignments.
These firefighters must satisfactorily perform their Special Assignments as well as their regular duties. In the event a Firefighter resigns from their Special Assignment, or the assignment no longer exists, the Firefighter will lose the incentive pay. The Special Assignment for the period of the MOU are:
• Haz-Mat Officer – 3% (6 Officers Eligible)
• Investigator – 3% (3 Officers Eligible)
• Field Training Officer – 3% (As Needed)
Firefighters in the bargaining unit are eligible for incentive pay at this rate only when they are actually conducting this especially assigned duty.
VI. Elimination / Revision of Existing MOU Provisions:
I. Article 9. Incentive Pay A. Bilingual Allowance –
• Eliminate “Retroactive to January 1, 2020.”
II. Article 9. Incentive Pay B. Advanced EMT Certification – • Eliminate “Effective July 1, 2020”
• Change Optional Skills from $100 per pay period to $50 per pay period.
III. Article 9. Incentive Pay C. Educational Pay –
• Eliminate “Retroactive to January 1, 2020”
IV. Article 9. Incentive Pay D. Certificate Pay –
• Eliminate and replace with item VII. Incentive Pay for Special Assignments V. Article 11. Uniform and Equipment Allowance –
• Eliminate (A.) “Thereafter, effective January 1, 2021, employees will receive an annual uniform allowance of $950 per fiscal year” and replace with item VI. Uniform Administration.
VI. Article 12. Reimbursement for Lost or Damaged Property (B.) “Such list may be amended with the approval of the Director of Public Safety”, eliminate “and the union”.
VII. Article 13. Hours of Work and Overtime –
• (B.) change from 56 to 48 hours of work in a normal workweek over the course of a year
• (C.) change from 6 – 24-hour shifts in a 14-day cycle to 5 – 24 hour shifts in a 14-day cycle; or 10 – 24 hour shifts in a 28-day cycle.
• Shift Schedule (8-week example):
XXOOOO XXOOOX OOOOXX OOOOX XOOOOX OOOOXX OOOOXX OOOOXO
1234567 1234567 1234567 1234567 1234567 1234567 1234567 1234567 48 hrs 72 hrs 48 hrs 24 hrs 48 hrs 48 hrs 48 hrs 24 hrs FLSA 14 = 5 shifts ꟾ FLSA 14 = 3 shifts ꟾ FLSA 14 = 4 shifts ꟾ FLSA 14 = 3 shifts FLSA 28 day pay period = 8 shifts ꟾ FLSA 28 day pay period = 7 shifts • Revise to “Work schedules shall be established one time per calendar year.” • Eliminate “members shall choose workdays and days off based on seniority.” • (D.) eliminate “Vacation, sick compensatory time, bereavement, jury duty, as well as all other forms of paid leave shall be counted towards time worked for the purposes of calculating overtime.”
• Revise to “Overtime shall be calculated for time served past the 106-hour threshold in a 14-day pay period until June 30, 2023 (Fiscal Year 2022-2023), and the 212-hour threshold in a 28-day pay period shall take effect July 1, 2023 (Fiscal Year 2023- 2024).”
• (F.) change from 56 hours to 48-hour workweek, converting paid leave time accruals and balances, rates will be multiplied by a factor of ____.
VIII. Article 15. Minimum Staffing –
• Eliminate “24-hour minimum staffing each day shall consist of 1 full-time Captain and 1 full-time Fire Engineer. In cases of emergency, the Director of Public Safety or his/her designee may elect to add additional staffing, as he/she may deem necessary to mitigate life-threatening situations.”
• Begin paragraph with revised sentence, “If regularly scheduled employees are not available for such staffing, any qualified employee, regardless of rank, may work the duty shift.
• Eliminate “The vacancy affected rank will be filled with the same rank first, before opening to other classifications.”
IX. Article 28. Dental Insurance –
• Eliminate (B.) at least twenty-one (21) days advanced notice of plan changes are provided to Local 4403.
X. Article 29. Vision insurance –
• Eliminate (B.) at least twenty-one (21) days advanced notice of plan changes are provided to Local 4403.
XI. Article 43. Temporary Promotions –
• Eliminate “The Director of Public Safety may temporarily promote an employee only after entering into a written agreement of the terms of such temporary promotion with the Union.”
PART B. Scope of Modifications
SECTION 1. The only modifications of wages, hours or other conditions of employment within the scope of representation that are modified by this Resolution are those expressly set forth in Part A of this Resolution. All other terms and conditions within the scope of representation shall remain unchanged unless hereafter modified in accordance with applicable law.
SECTION 2. Nothing in this Resolution shall be construed as depriving IAFF Unit 4403 of their rights each year to meet and confer on matters within the scope of representation, whether or not such matters are included in this Resolution, prior to adoption of the City budget or as otherwise required by law.
PASSED, APPROVED AND ADOPTED at the regular meeting on the 22nd of November 2022 by the following vote:
MOTION:
AYES:
NOES:
ABSENT:
ABSTAINED:
I, Amelia M. Villegas, City Clerk of the City of Guadalupe, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2022-105, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held November 22, 2022, and that same was approved and adopted.
ATTEST:
________________________________ ___________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
______________________________
Philip F. Sinco, City Attorney