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19780727 Regular City Council Meeting - Minutes I I I I I MINUTES OF AN ADJOURNED MEETING OF THE CITY COUNCIL OF THE CITY OF VERNON HELD JULY 27, 1978, AT FOUR O'CLOCK P. M. IN THE COUNCIL CHAMBER OF THE CITY HALL LOCA TED AT 4305 SANTA FE AVENUE, VERNON CALIFORNIA ------~-------~------------------ COUNCIL PRESENT: Ybarra, Gonzales, Kaeser, Malburg COUNCIL ABSENT : McCormick The meeting was called to order by Mayor Malburg. At this time, 4:15 o'clock p. m., it was moved by Gonzales, seconded by Kaeser, that the City Council go into executive session under Attorney/Client privilege. Motion carried. All persons, with the exception of the City Clerk, the City Attorney and Richard Whitmore, Special Labor Relations Consulting Attorney, were excluded from the executive session. Mayor Malburg ordered that all communications to and from the executive session were deemed private. At this time, ,4:45 o'clock p. m., it was moved by Ybarra, seconded by Gonzales that the City Council go out of executive session and resume regular session. Motion carried. Communication from Bruce V. Malkenhorst, Municipal Employees Relations Representative dated July 27, 1978, making specific recommendations regarding determination of unresolved issues relating to meeting and conferring with Vernon Fire Fighters, Local #2312, was presented. It was moved by Gonzales, seconded by Kaeser that the communication be received and filed. Motion carried. A Manning Study encompassing twenty jurisdictions, including Vernon, with square mile area, population, unit personnel and shift manning comparisons, was presented by the M. E. R. R. for the City Council's consideration. It was moved by Ybarra, seconded by Gonzales that the Manning Study be received and filed. Motion carried. After discussion by the City Council concerning theM. E. R. R. 's recom- mendations, the following actions were taken with respect to said recommendations: Recommendation # 1 - Layoff Policy. Resolution No. 4563 - A Resolution of the City Council of the City of Vernon, Estabiishing-LayoffProcedures Applicable to the Fire Department, was presented. It was moved by Gonzales, seconded by Kaeser, that Resolution No. 4563 be approved and adopted. Motion carried. AYES NOES Absent Gonzales, Kaeser, Ybarra, Malburg None McCormick Recommendation #2 - It was moved by Kaeser, seconded by Ybarra, that one Administrative Battalion Chief position be established for the Fire Department effective August 1, 1978, and that the existing Battalion Chiefs be assigned to said position on a rotating basis for a six-month period and receive a salary increase of $108. 00 per month while serving in said position, and be paid an auto allowance of $60.00 per month. Moti on carried. 166 -2- AYES NOES Absent 7/27/78 Kaeser, Ybarra, Gonzales, Malburg None McCormick Recommendation #3 - It was moved by Kaeser, seconded by Ybarra, that the Fire Department be reorganized and the following positions be re -classified as civilian positions: Motion carried. I (1) (2) (3) (4) (5) I Four (4) Dispatch Positions effective November 1, 1978. Nine (9) Paramedic Positions effective August 1, 1978. One (1) Mechanic Position effective August 1, 1978. One (1) Electric Specialist Position effective August 1, 1978. Two (2) Fire Preventive Positions effective November 1, 1978. AYES NOES Absent Kaeser, Ybarra, Gonzales, Malburg None McCormick Recommendation #4 - Reduction of Personnel. It was moved by Gonzales, seconded by Kaeser, that seventeen (17) firemen shall be laid off and that staff implement Resolution No. 4563 and prepare the list of the firemen who will be laid off upon the effective date of the reclassification of the positions approved in Recommendation No. 3 above. Motion carried. AYES NOES Absent Gonzales, Kaeser, Ybarra, Malburg None McCormick Recommendation No. 5 - It was moved by Kaeser, seconded by Gonzales, that the vacation schedule be modified as follows, effective August 1, 1978. Motion carried; I (1) (2) (3) AYES NOES Absent No more than three (3) employees in Group 1 must be given permission to schedule shifts off at the same time. No more than one (1) employee in Group 4 must be given permission to schedule shifts off at any given time. The Fire Chief will be able to approve additional shifts off, if in his discretion, there is sufficient personnel on duty. Kaeser, Gonzales, Ybarra, Malburg None McCormick Recommendation No. 6 - It was moved by Kaeser, seconded by Ybarra, that examinations and promotions procedures be modified as follows: I (1) (2) (3) I Notices of examination shall be posted together with a brief description of the examination at least sixty (60) days prior to the examination date. The written, oral, and practical examination shall be selected and administered subject to the City Council's approval. All promotions shall be subject to City Council approval. AYES NOES Absent Kaeser, Ybarra, Gonzales, Malburg None McCormick Recommendation No.7 - It was moved by Gonzales, seconded by Kaeser, that effective July 1, 1978 and for each month thereafter through June 30, 1979, the City approve for all firemen in Group 1 and Group 4 the payment of $48.36 per month for an employee, $99.19 per month for an employee plus one dependent, is? -3- 7/27/78 and $134.92 per month for an employee plus two or more dependents for life, health, and dental insurance. Motion carried. AYES NOES Absent Gonzales, Kaeser, Ybarra, Malburg None McCormick I Recommendation No. 8 - It was moved by Gonzales, seconded by Ybarra, that the following Clothing and Uniform Allowance be established. Motion carried. (1) Vernon will pay to or on account of each employee in the classifications represented by the Vernon Fire Fighters' Association in Group 1 and Group 4, who has completed his probationary period and is required by the Vernon Fire Department to own and maintain a uniform and who is on the active payroll of the Vernon Fire Department, up to One Hundred Fifty Dollars ($150.00) per fiscal year of Vernon for the purchase of uniforms upon presentation of appropriate vouchers or invoices to the designated representative of the Vernon Fire Department. I (2) It is the intent of this provision that payments provided for above constitute reimbursement for incurred expenses and not income. AYES NOES Absent Gonzales, Ybarra, Kaeser, Malburg None McCormick Recommendation No.9 - It was moved by Kaeser, seconded by Ybarra, that the following grievance procedure be established. Motion carried. I 1. 2. I 3. I 4. A grievance will be defined, as a dispute between the City and an employee or employees adversely affected thereby over inter- pretation of any provision of the rules and regulations. "Days" as used herein shall be those days that the City Hall of the City of Vernon is open part or all of the day. "Immediate supervisor" is the lowest level management or supervisory person having immediate jurisdiction over the grievant. The aggrieved employee shall present orally or in writing his grievance to his immediate supervisor within five (5) working days of the occurrence of the action giving rise to the grievance. Discussions will be informal for' the purpose of settling differ- ences in the simplest and most direct manner. The immediate supervisor shall reach a decision and communicate it orally or in writing to the aggrieved employee and the Municipal Employee Relations Repre sentative (M. E. R. R. ) within two (2) working days from the date the grievance was presented to him. If the grievance is not settled at the first step to the satisfaction of all parties, either the M. E. R. R. or the aggrieved employee within two (2) working days of the answer in the first step, shall reduce the grievance to writing, sign it and present it to the Department Head or his designee. The Department Head or his designee shall obtain the facts concerning the alleged grievance and shall within five (5) working days of receipt of the written grievance conduct a meeting between himself, his representative if needed, and the aggrieved employee. The Department Head or his designee shall notify the aggrieved employee and the M. E. R. R. of his decision not later than five (5) working days following the meeting date. If the grievance is not settled at Step 2, it may, upon the request of either.the employee or the M. E. R. R., be submitted to the mediation by the California State Conciliation Service. The mediator designated by the Service shall attempt to adjust the 168 I I I I I grievance. Proposals, concessions and admissions made during the course of such mediation shall be confidential and not be us ed in any subsequent proceedings. ,If the grievance is not settled to the satisfaction of all parties within twenty (a:>) days of the designation of the mediator by the Service, then the grievance shall be deemed not to have been settled at Step 3. If the grievance is not settled to the satisfaction of all parties at Step 3, then the grievance shall be submitted to the City Council of the City of Vernon for determination. The Council shall con- duct such hearings and receive such evidence as it deems appro- priate. The City Council will make the final decision at its sole discretion; however, the mediator from Step 3 above will be allowed to participate with the Council during an executive deliber- ative session wherein management representatives and employee representatives shall be excluded from said deliberative session. The decision of the Council shall be final and binding on the parties. The council's decision will be provided in a written format which will be given to the grievant after the decision is made. All employees serve at the pleasure of the City Council and nothing herein shall be deemed to create a property right in their employ- ment. AYES NOES Absent -4- 5. 6. 7. Kaeser, Ybarra, Gonzales, Malburg None McCor mick 7/27/78 169 Recommendation No. 10 - It was moved by Ybarra, seconded by Kaeser, that the staff be instructed to codify the rules and regulations in the Fire Department and make the same available to the Association on or before December 15, 1978, for the purposes of meeting and consulting, and that the City Council hereby determines that disputes concerning the interpretation only of said "Rules and Regulations" after their final adoption by the City Council shall be subject to tre grievance pro- cedure provided for herein, and that in the event there is a dispute concerning the interpretation of a rule and regulation, administrative action implementing said rule or regulation shall be stayed pending the final resolution of said dispute. It is intended that disputes concerning interpretation and not disputes concerning implementation shall be subject to said grievance procedure. Motion carried. AYES NOES Absent Ybarra, Kaeser, Gonzales, Malburg None McCor mick Recommendation No. 11 - It was moved by Gonzales, seconded by Ybarra, that wages for all firemen in Groups 1 and 4 whose positions have not been reclassified be frozen at their existing levels, be approved. Motion carried. Those firemen whose positions have been reclassified and who have been transferred to a differ- ent position receive the frozen wage level of that position. AYES NOES Absent Gonzales, Ybarra, Kaeser, Malburg None McCor mick Recommendation No. 12 - It was moved by Kaeser, seconded by Gonzales, that a permanent contract with Medevac, Inc., for paramedic services be approved, and staff instructed to complete negotiations for said permanent contract. Motion carried. AYES NOES Absent . Kaeser, Gonzales, Ybarra, Malburg None McCormick It was moved by Ybarra, seconded by Gonzales, that the City Council approve entering into an automatic aid arrangement with adjoining jurisdictions and instruct staff to complete negotiations for an automatic aid agreement with said jurisdictions. Motion carried. -5- AYES NOES Absent 7/27/78 Ybarra, Gonzales, Kaeser, Malburg None McCormick It was moved by Gonzales, seconded by Ybarra, that Acting Battalion Chief L. Jackson be appointed Acting Administrative Battalion Chief, effective August 1, 1978, and that he be authorized an automobile allowance of $60.00 per month for the use of his personal vehicle, effective same date. Motion carried. I I There being no further business to come before the meeting, on motion of Ybarra, seconded by Gonzales, the meeting was adjourned until the next regularly scheduled meeting of the council at two o'clockp. m., August 1, 1978, in the Council Chamber of the City Hall, located at 4305 Santa Fe Avenue, Vernon, California. ATTEST: ~~ / -eONfS~ifu~O------- 6~~?{~ --Y' BRUCE V. MALKENHORST, City Clerk- Director of Finance I I I 1-70