HomeMy WebLinkAboutAgenda Packet 1991/06/22
saturday, June 22, 1991
12:30 P.M.
Council Conference Room
Administration Building
Special Meeting of the City of Chula Vista city Council
Call to Order
1. Call the Roll: Mayor Nader:
Councilmember Malcolm:
Councilmember Moore:
Councilmember Rindone:
2. Notice of Special Meeting:
city Clerk: "Mr. Mayor, the Notice and Call of Special
Meeting, a copy of which is attached, was posted in in a location
that is freely accessible to members of the public (GC 54956) in
the manner required by law; was telecopied to the newspapers of
general circulation, radio and television station requesting
written notice of same twenty-four (24) hours. in advance, and was
personally delivered to the members of the Council twenty-four
(24) hours in advance, or a waiver of notice from such
councilmember is on file in the Office of the City Clerk."
3. Waiver of Notice for Absent Councilmembers:
City Clerk: "Specifically, Mr. Mayor, Councilman Malcolm
has filed, by telecopier, with my office a waiver of Notice and
Call of Special Meeting; The presence of the remaining
councilmembers waives any potential defect as to the timing and
content of the notice and call of the special meeting."
Business
4. Purpose of Meeting:
To consider, deliberate and act upon the granting of salary
increases to all employees, included Council-appointed employees,
without regard to whether they are represented or unrepresented,
to further deliberate upon whether and in what manner said
increase should be condition upon the passage of AB 1040 (Mays),
to further deliberate and act upon accepting a waiver of the
duties imposed under the Meyers-Millias-Brown Act, and if
possible to deliberate and act upon a required appropriation for
same.
A. Staff Report
B. Public Comment ("Limited Oral Communications")
C. Closed Session (If Necessary)
Pursuant to Government Code section 54957.7, the City
council may conduct a closed session for the purpose of
discussing the foregoing, and for the purpose of giving
instructions to its labor negotiator or negotiating
team, a matter which is a permitted subject of closed
sessions under the authority of Government Code Section
54957.6.
D. Council Deliberation
E. Resolution 16229
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA, CALIFORNIA
GENERALLY AUTHORIZING CERTAIN
SALARY INCREASES FOR ALL CITY
EMPLOYEES.
5. Other Business
The City Attorney advises that, under the authority of Government
Code Section 54956, no other business may be conducted at a
special meeting. An opportunity for general oral communications,
not related to the special meeting purpose, are not required to
be extended to the public (Government Code section 54954.3), and
given the short notice of this meeting, it is recommended that no
other business be conducted, including Oral Communications.
6. Adjournment.
Notice and Call of Special Meeting
Chula Vista City Council
Notice is hereby given that the Mayor of the city of Chula Vista,
has called and will convene a special meeting of the City Council
on Saturday, June 22, 1991 at 12:30 P.M. in the City Council
Conference Room located in the Administration Building at 276
Fourth Avenue, Chula Vista, California.
The purpose of said meeting will be to consider, deliberate and
act upon the granting of salary increases to all employees,
included Council-appointed employees, without regard to whether
they are represented or unrepresented, to further deliberate upon
whether and in what manner said increase should be condition upon
the passage of AB 1040 (Mays), to further deliberate and act upon
accepting a waiver of the duties imposed under the Meyers-
Millias-Brown Act, and if possible to deliberate and act upon a
required appropriation for same.
Pursuant to Government Code Section 54957.7, the city Council may
conduct a closed session for the purpose of discussing the
foregoing, and for the purpose of giving instructions to its
labor negotiator or negotiating team, a matter which is a
permitted subject of closed sessions under the authority of
Government Code section 54957.6.
Dated: June 21, 1991
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COUNCIL AGENDA STATEMENT
Item
Meeting Date 6-22-91
ITEM TITLE:
Reso 1 ut ion No. 16229-Genera lly Authorizing Certa in Sa 1 ary
Increases for all City Employees.
SUBMITTED BY:
City Manager 04 '(t~ll
4/5ths Vote:Yes~No___
'.
At its June 18, 1991 meeting, the City Council took action to oppose AB 1040
(Mayes) which would place a limitation on salaries granted by local agencies
(counties, schools and cities). In concept, this proposal would limit salary
increases to those granted by the State to its employees (Please see attached for
specific bill language). Since this would be accomplished through an economic
disincentive whereby any wage increase not covered by an existing MOU would
result in an equal revenue reduction in State subventions.
The sponsor for the 1 anguage in AB 1040 is Governor Wi 1 son. Staff has been
informed by the City's lobbyist, Chuck Cole, that the budget bill is currently
pending on the Senate floor and that the proposed language implementing the
intent of AB 1040 would be amended into the budget bill possibly as soon as
Monday. Since the budget bill is emergency legislation, it would go into effect
as soon as it is signed by the Governor.
As a result of this possible action of the Governor's office, staff requested and
was granted an emergency meeting by the Mayor as authorized by the City's
charter. The purpose of the emergency meeting, and this report, is to provide
Council with information regarding the impact of AB 1040 on the City of Chula
Vista and to provide Council with options which would enable the City to
consider, and, if appropriate, act upon the granting of salary increases to all
City employees prior to the implementation of AB 1040. It's important to note
that it is staff's intent that this increase should be conditioned upon the
passage of AB 1040 and will not go in effect if 1040 fails passage in the Senate
or as part of the budget package or is later found to be illegal or invalid.
-1-
RECOMMENDATION:
It is recommended that the City Council adopt the proposed resolution and:
1. Grant, effective immediately, the CVEA MOU increase and the IAFF MOU
increase, subject to subsequent termination on the condition that CVEA or
IAFF refuse to agree within thirty (30) days hereof to the right of the
City to recover the cost of this increase by future adjustment in future
payrolls during the 1991-92 fiscal year if the State Legislature fails to
enact AB 1040 (Mayes) or similar legislation.
2. Grant, effective immediately, a 5% salary increase to POA employees,
subject to the same conditions as listed in #1, above.
3. Grant, effective immediately, a 5% salary increase to Western Council of
Engineer employees, subject to the same conditions as listed in #1, above.
4. Grant, effective immediately, a 5% salary increase to all other employees,
inc lud i ng unrepresented, unc lass if ied, mi dd le management and execut i ve
management, and as appropriate, hourly employees.
DISCUSSION:
The City of Chula Vista currently has multi-year agreements with 3 of its 4
employee groups. The Chula Vista Employee Association (CVEAl, the Police
Officers Association (POA), and the International Association of Firefighters
(IAFF) have each entered into a three-year agreement with the City and are
currently in the second year of that agreement. The CVEA and IAFF agreements
call for a 5% cost of living adjustment, effective June 28, 1991; the POA
agreement requires that the Fiscal Year 91-92 salaries which will be effective
June 28, 1991 be based upon a survey of 9 loca 1 agenc ies to be conducted in
September 1991. The Western Council of Engineers (WCE) has a one-year contract
with the City and is current ly negot i at ing for salary and benefits. All
remaining employee salaries (i.e., Middle Management, Unrepresented/Unclassified
and Executive Management, and Hourly employees) are typically determined after
the beginning of the fiscal year, but are retroactive to June 28, 1991.
Based upon the language provided by the CVEA and IAFF MOU's, (which calls for a
5% salary increase), salary increases for these employee groups were included in
the recently-adopted FY 91-92 budget. However, because of the timing of the
survey for POA, no salary increase was included for POA represented employees in
the budget. Further, because of the pending WCE negotiations and the fact that
all other employee salaries are historically determined after the beginning of
the fiscal year, these costs are not included in the proposed budget.
Staff's proposal is designed to avoid the revenue loss that could result from AB
1040 and avoid inconsistencies and internal inequities that might result from
some employees receiving a salary increase under an MOU and others not receiving
a salary increase. It is staff's recommendation that the City Council authorize
-2-
a 5% increase, effective immediately, for all employees. This proposal is
consistent with the salary increases previously authorized in the multi-year
agreements for CVEA and IAFF. This action is conditioned upon an agreement with
the employee groups that grants the City the right to recover the excess cost,
if any, from future payrolls in the 91-92 fiscal year, between the cost of the
increase to the City and the amount of any salary increase as may be negotiated,
based upon the terms and conditions as are set forth in their respective MOU's
should the Legislature fail to enact, during its current session, AB 1040, or any
other bill which prohibits or provides economic disincentives to the City for
giving salary increases to its employees.
AB 1040 Intent:
As proposed, AB 1040 would penalize local governments for any salary increases
which exceed those provided by the State and also provide for the following:
1. In the event a city, special district or redevelopment agency provides a
salary increase to its employees in a fiscal year (any fiscal year, not
just this fiscal year) when no general salary increase is paid to state
employees and the Governor has declared a statewide fiscal emergency, the
city, special district or redevelopment agency shall not be eligible to
receive moneys (presumably any "type" of money) from the state.
2. In any year when a city, special district or redevelopment agency has
provided a salary increase in violation of the above provision, the
Controller shall deduct from any allocations of state funds to that city,
the amount of the "overfunding" (presumably the amount in excess of what
the state provided).
3. The proposal exempts salary payment in violation of paragraph (1) above if
they are court-ordered or it affects the terms of a collective bargaining
agreement in existence prior to the effective date of this bill.
4. The bill defines "salary increase" as any increase in the salary ranges of
existing job classifications payable within the fiscal year at issue; and,
it also encompasses any mechanism, including, but not limited to,
increased employer pickup of benefit contributions previously made by
employees that increases the net pay of employees, or benefit increases
unless the state has adopted such a mechanism for its employees in lieu of
a general salary increase. "Salary increase" shall not include increased
compensation paid to individual employees due to promotion, transfer, or
merit salary adjustments.
5. A "statewide fiscal emergency" may be declared by the Governor when the
Special Fund for Economic Uncertainties is estimated to fall below 3
percent of the General fund revenues are insufficient to provide a general
salary increase to state employees.
-3-
State Legislative Counsel Opinion
The Legislative Counsel of the State of California has called to the author's
attention the possibil ity that enactment of AB 1040 might be 1 imited or null ified
by reason of the following:
In Sonoma County, Organization of Public Emplovees vs.
County of Sonoma, 23 Cal. 3d 296, the California Supreme
Court had held that wage increase restrictions placed
upon local agencies violated the impairment of contract
provisions contained in Section 9 of Article 1 of the
California Constitution and Section 10 of Article 1 of
the United State Constitution (23 Cal. 3d 304-305). The
Court also invalidated those restrictions as applied to
charter cities and counties, as a violation of the Home
Rule provisions contained in Section 5 of Article XI of
the California Constitution (Sonoma, Supra, 316-317 and
see also San Francisco Labor Council vs. Regents of
University of California, 26 Cal. 3d 785, 790).
Thus if this Bill is enacted, its provisions could be challenged on the basis of
the constitutional prohibition against impairment of contract and as a violation
of home rule provisions for charter cities and counties.
Conclusion
It is staff's belief that although AB 1040 will certainly be challenged by local
agencies and probably ruled unconstitutional, that this could take a significant
period of time and limit the City's ability to implement justified wage increases
for its employees. Further, if the City waits to implement wage increases, the
proposed language in AB 1040 requires that any increase in wages that exceeds
that provided to State employees would result in a corresponding decrease in
State revenues to that agency. It is staff's opinion that adoption of the
proposed recommendations protects not only the City from the potential loss of
future revenues, but also protects City employees from an extended wage review
process and legal battles.
FISCAL IMPACT
The proposed adjustment to salary and benefit levels for all executives, middle
managers, unrepresented employees and all POA unrepresented employees is
$824,249.41. This increase is based on an across-the-board 5% for all employee
groups other than CVEA and International Association of Fire Fighters (IAFF)
which have existing MOU's for FY 91-92.
-4-
[wp51/ab1040]
RESOLUTION NO. 16229
RESOLUTION OF THE CITY COUNCIL OF
CHULA VISTA, CALIFORNIA GENERALLY
CERTAIN SALARY INCREASES FOR
EMPLOYEES.
THE CITY OF
AUTHORIZING
ALL CITY
WHEREAS, a special meeting of the City Council was called by
the Mayor on Friday, June 21, 1991, prior to 12:30 P.M. for
Saturday, June 22, 1991 at 12:30 P.M. pursuant to the provisions of
Charter section 307 ("special Meeting"); and,
WHEREAS, on or about June, 1990, the city has entered into a
three year agreement ending June 30, 1993, with the employees
( II CVEA Employees ") of the bargaining unit represented by Chula
vista Employee's Association ("CVEA"), providing, among other
things, for 5% salary increase and certain benefit increases
designated therein, all to commence in the 1991-1992 Fiscal Year
("CVEA MOU Increase"); and,
WHEREAS, on or about June, 1990, the city has entered into a
three year agreement ending June 30, 1993, with the employees
("IAFF Employees") of the bargaining unit represented by
International Association of Fire Fighters, Local 2180, AFL-CIO
("IAFF"), providing, among other things, for 5% salary increase and
certain benefit increases designated therein, all to commence in
the 1991-1992 Fiscal Year ("IAFF MOU Increase"); and,
WHEREAS, on or about June, 1990, the city has entered into a
three year agreement ("POA-MOU") ending June 30, 1993, with the
employees ("POA Employees") of the bargaining unit represented by
Chula vista Police Officers Association ("POA"), providing, among
other things, for salary increase and certain benefit increases to
be negotiated as a result of survey information compiled in
September, 1991, but to be retroactively effective as of June 28,
1991 ("POA MOU Increase"); and,
WHEREAS, on or about June, 1990, the City has entered into a
one year agreement ending June 30, 1991, with the employees ("WCE
Employees") of the bargaining unit represented by Western Council
of Engineers ("WCE"). WCE Employees are currently engaged in
negotiations with management for 1991 increase in salaries and
benefits; and,
WHEREAS, the city council has resolved that all other
employees ("Unrepresented Employees"), categorized by the following
negotiating groups, not officially recognized bargaining units, to
wit: Middle Management (consisting of approximately 60 employees)
("MM") , Executive Group (consisting of approximately 26 employees)
("EG"), and all other employees which are unrepresented and
AB1040H.wp
June 21, 1991
Reso re Salary Levels
Page 1
unclassified including all hourly employees--are and will be
entitled to compensation for the 1991-1992 City fiscal year,
commencing June 28, 1991 in an amount which is currently unfixed
and uncertain; and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
Section 1. The city Council hereby finds that the notice and
call of said Special Meeting was duly posted and given in the
manner required by law to all councilpersons and to all local
newspapers of general circulation, radio or television station
requesting notice in writing.
section 2. The City Council hereby finds that all
participating councilpersons have waived any claim of invalid
notice and that all non-participating Council persons have filed
written waiver of notice of said Special Meeting with the City
Clerk prior to the conduct of said Special Meeting.
section 3. CVEA and IAFF Employees.
The city Council hereby grants, effective immediately upon
adoption hereof, the CVEA MOU Increase and the IAFF MOU Increase,
subject to the right of the City to reduce future payrolls of CVEA
and IAFF Employees during the 1991-1992 fiscal year by the cost to
the City incurred in advancing the CVEA MOU and IAFF MOU Increase
to the date of the adoption of this resolution upon the failure of
the State Legislature to enact, during its current session, into
law, Assembly Bill No. 1040 (Mayes), as currently amended, or any
other bill which prohibits salary increases for City employees, or
provides economic disincentives to any city for giving salary
increases to its employees in any year where no increases are given
to state employees, or where such increases may be greater than
increases provided to state employees, or if enacted, upon a final
judicial determination of its invalidity.
Section 4. POA Employees.
The City Council hereby grants, effective immediately upon
adoption hereof, a 5% salary increase to the POA Employees, subject
to the right of the city to reduce future payrolls, pro rata, of
POA Employees in the 1991-1992, and/or the 1992-1993 fiscal years,
by the amount, if any, that the amount of such increase as may be
negotiated based on the terms and conditions as are set forth in
the POA-MOU exceeds the cost of the increase herein granted to such
employees to the City, which right may be exercised only upon the
failure of the State Legislature to enact, during its current
session, into law, Assembly Bill No. 1040 (Mayes), as currently
amended, or any other bill which prohibits salary increases for
AB1040H.wp
June 21, 1991
Reso re Salary Levels
Page 2
city employees, or provides economic disincentives to any city for
giving salary increases to its employees in any year where no
increases are given to state employees, or where such increases may
be greater than increases provided to state employees, or if
enacted, upon a final judicial determination of its invalidity.
section 5. WCE Employees.
The city Council hereby grants, effective immediately upon
adoption hereof, a 5% salary increase to the WCE Employees, subject
to the city's right of termination upon the failure of the State
Legislature to enact, during its current session, into law,
Assembly Bill No. 1040 (Mayes), as currently amended, or any other
bill which prohibits salary increases for City employees, or
provides economic disincentives to any city for giving salary
increases to its employees in any year where no increases are given
to state employees, or where such increases may be greater than
increases provided to state employees, or if enacted, upon a final
judicial determination of its invalidity.
section 6. Unrepresented Employees.
The city Council hereby grants, effective immediately upon
adoption hereof, a 5% salary increase to the Unrepresented
Employees, subject to the City's right of termination upon the
failure of the State Legislature to enact, during its current
session, into law, Assembly Bill No. 1040 (Mayes), as currently
amended, or any other bill which prohibits salary increases for
city employees, or provides economic disincentives to any city for
giving salary increases to its employees in any year where no
increases are given to state employees, or where such increases may
be greater than increases provided to state employees, or if
enacted, ~pon a final judicial determination of its invalidity.
Section 7.
Rights.
Subject to Termination Upon Assertion of Meyers
All increases herein granted to the CVEA, IAFF, POA and WCE
Employees shall be subject to immediate termination as to the
employees of such Bargaining unit which officially objects to the
implemention of such increase as being in violation of their rights
("Meyers Rights") to require the city to comply with the Meyers-
Millias-Brown Act, including their right to meet and confer with
management, prior to alterations in the wage and benefit
agreements.
AB1040H.wp
June 21, 1991
Reso re Salary Levels
Page 3
section 8. Subject to future appropriation as needed.
The City hereby finds and declares that the appropriation for
the increases in salary herein provided is a separate and distinct
governmental decision from granting the salary increases. Salary
increases in the manner and under the terms and conditions herein
provided are effective upon adoption of this resolution. All
increases herein granted shall be subject to immediate termination
in the event that the City Council finds that the city has
insufficient resources to appropriate for the purposes and
expenditures herein required, or in the event that the City Council
shall fail to appropriate resources for such purposes and
expenditures.
section 9. This resolution shall take and be in full force
and effect immediately upon the passage and adoption hereof.
section 10. The city Clerk shall certify to the passage and
adoption of this Resolution; shall enter the same in the book of
original Resolutions of said City; and shall make a minute of the
passage and adoption hereof in the minutes of the meeting at which
the same is passed and adopted.
Presented by:
Approved as to form by:
John Goss
city Manger
Bruce M. Boogaard
city Attorney
AB1040H.wp
June 21, 1991
Reso re Salary Levels
Page 4
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THE YcITY OF
AUTHORIZING
ALL CITY
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RESOLUTION NO. 16229
RESOLUTION OF THE CITY COUNCIL OF
CHULA VISTA, CALIFORNIA GENERALLY
CERTAIN SALARY INCREASES FOR
EMPLOYEES.
WHEREAS, a special meeting of the City Council was called by
the Mayor on Friday, June 21, 1991, prior to 12:30 P.M. for
Saturday, June 22, 1991 at 12:30 P.M. pursuant to the provisions of
Charter Section 307 ("Special Meeting"); and,
WHEREAS, on or about June, 1990, the city has entered into a
three year agreement ending June 30, 1993, with the employees
("CVEA Employees") of the bargaining unit represented by Chula
vista Employee's Association ("CVEA"), providing, among other
things, for 5% salary increase and certain benefit increases
designated therein, all to commence in the 1991-1992 Fiscal Year'
("CVEA MOU Increase"); and,
WHEREAS, on or about June, 1990, the City has entered into a
three year agreement ending June 30, 1993, with the employees
("IAFF Employees") of the bargaining unit represented by
International Association of Fire Fighters, Local 2180, AFL-CIO
("IAFF"), providing, among other things, for 5% salary increase and
certain benefit increases designated therein, all to commence in
the 1991-1992 Fiscal Year2 ("IAFF MOU Increase"); and,
WHEREAS, on or about June, 1990, the city has entered into a
three year agreement ("POA-MOU") ending June 30, 1993, with the
employees ("POA Employees") of the bargaining unit represented by
Chula vista Police Officers Association ("POA"), providing, among
other things, for salary increase and certain benefit increases to
be negotiated as a result of survey information compiled in
September, 1991, but to be retroactively effective as of June 28,
1991 ("POA MOU Increase"); and,
WHEREAS, on or about June, 1990, the City has entered into a
one year agreement ending June 30, 1991, with the employees ("WCE
Employees") of the bargaining unit represented by Western Council
of Engineers ("WCE"). WCE Employees are currently engaged in
negotiations with management for 1991 increase in salaries and
benefits; and,
1. salary increase goes into effect June 28, 1991. "1 Year
Final Compensation" Fringe Benefit goes into effect July 2, 1991.
2. All IAFF salary and benefits were to commence June 28, 1991.
AB1040H.wp
June 21, 1991
Reso re Salary Levels
Page 1
WHEREAS, the city council has resolved that all other
employees ("Unrepresented Employees"), categorized by the following
nego"tiating groups, not officially recognized bargaining units, to
wit: Middle Management (consisting of approximately 60 employees)
("MM"), Executive Group (consisting of approximately 26 employees)
("EG"), and all other employees which are unrepresented and
unclassified including all hourly employees--are and will be
entitled to compensation for the 1991-1992 city fiscal year,
commencing June 28, 1991 in an amount which is currently unfixed
and uncertain; and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
Section 1. The City Council hereby finds that the notice and
call of said Special Meeting was duly posted and given in the
manner required by law to all councilpersons and to all local
newspapers of general circulation, radio or television station
requesting notice in writing.
Section 2. The city Council hereby finds that all
participating councilpersons have waived any claim of invalid
notice and that all non-participating Council persons have filed
written waiver of notice of said Special Meeting with the City
Clerk prior to the conduct of said Special Meeting.
Section 3. CVEA and IAFF Employees.
The City Council hereby grants, effective immediately upon
adoption hereof, the CVEA MOU Increase and the IAFF MOU Increase,
subject to the right of the City to reduce future payrolls of CVEA
and IAFF Employees during the 1991-1992 fiscal year by the cost to
the City incurred in advancing the CVEA MOU and IAFF MOU Increase
to the date of the adoption of this resolution upon the failure of
the State Legislature to enact, during its current session, into
law, Assembly Bill No. 1040 (Mayes), or any other bill which
prohibits salary increases for city employees, or provides economic
disincentives to any city for giving salary increases to its
employees in any year where no increases are given to state
employees, or where such increases may be greater than increases
provided to state employees.
section 4. POA Employees.
The City Council hereby grants, effective immediately upon
adoption hereof, a 5% salary increase to the POA Employees, subject
to the right of the City to reduce future payrolls, pro rata, of
POA Employees in the 1991-1992, and/or the 1992-1993 fiscal years,
by the amount, if any, that the amount of such increase as may be
negotiated based on the terms and conditions as are set forth in
ABI040H.wp
June 21, 1991
Reso re Salary Levels
Page 2
the POA-MOU exceeds the cost of the increase herein granted to such
employees to the city, which right may be exercised only upon the
failure of the state Legislature to enact, during its current
session, into law, Assembly Bill No. 1040 (Mayes), or any other
bill which prohibits salary increases for City employees, or
provides economic disincentives to any city for giving salary
increases to its employees in any year where no increases are given
to state employees, or where such increases may be greater than
increases provided to state employees.
section 5. WCE Employees.
The city council hereby grants, effective immediately upon
adoption hereof, a 5% salary increase to the WCE Employees, subject
to the City's right of termination upon the failure of the state
Legislature to enact, during its current session, into law,
Assembly Bill No. 1040 (Mayes), or any other bill which prohibits
salary increases for City employees, or provides economic
disincentives to any city for giving salary increases to its
employees in any year where no increases are given to state
employees, or where such increases may be greater than increases
provided to state employees.
Section 6. Unrepresented Employees.
The City Council hereby grants, effective immediately upon
adoption hereof, a 5% salary increase to the Unrepresented
Employees, subject to the City's right of termination upon the
failure of the State Legislature to enact, during its current
session, into law, Assembly Bill No. 1040 (Mayes), or any other
bill which prohibits salary increases for City employees, or
provides economic disincentives to any city for giving salary
increases to its employees in any year where no increases are given
to state employees, or where such increases may be greater than
increases provided to state employees.
Section 7.
Rights.
Subject to Termination Upon Assertion of Meyers
All increases herein granted to the CVEA, IAFF, POA and WCE
Employees shall be subject to immediate termination as to the
employees of such Bargaining unit which officially objects to the
implemention of such increase as being in violation of their rights
("Meyers Rights") to require the City to comply with the Meyers-
Millias-Brown Act, including their right to meet and confer with
management, prior to alterations in the wage and benefit
agreements.
AB1040H.wp
June 21, 1991
Reso re Salary Levels
Page 3
Section 8. Subject to future appropriation as needed.
The City hereby finds and declares that the appropriation for
the increases in salary herein provided is a separate and distinct
governmental decision from granting the salary increases. Salary
increases in the manner and under the terms and conditions herein
provided are effective. upon adoption of this resolution. All
increases herein granted shall be subject to immediate termination
in the event that the City Council finds that the City has
insufficient resources to appropriate for the purposes and
expenditures herein required, or in the event that the City Council
shall fail to appropriate resources for such purposes and
expenditures.
section 9. This resolution shall take and be in full force
and effect immediately upon the passage and adoption hereof.
section 10. The City Clerk shall certify to the passage and
adoption of this Resolution; shall enter the same in the book of
original Resolutions of said City; and shall make a minute of the
passage and adoption hereof in the minutes of the meeting at which
the same is passed and adopted.
Presented by:
Approved as to form by:
John Goss
City Manger
Bruce M. Boogaard
City Attorney
AB1040H.wp
June 21, 1991
Reso re Salary Levels
Page 4
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ClN OF
CHUlA VISTA
OFFICE OF THE CITY CLERK
TELEFAX COVER LETTER
Telecopier No. (619) 691-5171
DATE:
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FAX NO: &30 - '-17-/ '6
FROM: Clhj of C)1 ulcc VI.st-CA- (Cley k 5 ofF CL)
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276 FOURTH AVENUE/CHULA VISTA. CALIFORNIA 92010/(619) 691~5041
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CllY OF
CHULA VISTA
OFFICE OF THE CITY CLERK
TELEFAX COVER LETfER
Telecopier No. (619) 691-5171
DATE:
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276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 92010/(619) 691-5041
06-21-?1 FRI
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~N9' 19944 ?AGE
Substantive
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.~ENOMENTS TO ASSEMBLY BILL NO. '040
AS AMENDED IN SENATE MAY 20. ~99'
A1TlI~ndmenl: 1
Strike OUI: lines I and 2 of the I:il:le, and
insert:
An act to amend Sections 3505 and 3543.5 of. and to add
Chapter 6 (commencing with Section 16290) to ?arl: ' of
Division ~ of Title 2 of, the Government Code, relating to
salary and cost-ot-living increases, and declaI~ng the
urgency t~ereof, to taKe erfecl: immediately.
Amenomem: 2
~n page 2. strike OUI: line 1 and insert:
SECT!ON 1. The :eqislature finds and declares
al~ of the following:
(a) The projeci:ed General Fund shortfall
between General F~nd revenues and exoenditures of fourteen
billion three hundred mill~on dollars ($14.300,000,000)
for the 1991-92 fiscal year is unprecedenl:ed. consl:itutes
a genuine fiscal emergency. and requires drastic cutbacKS
in all governmental serv.ces, including the furloughing or
layoff of thousands of state employees.
(b) Limiting increases in wages and salaries
for local ?ublic agency officers and employees is
~ecessary in order to preserve basic levels of benefits
:or the s~ate's most vulneraole citizens. The severity of
~~e current fiscal crisis ~ustifies provisions that allow
!cr a reouci:ion in the payment of state moneys to local
puolic agencies I:~at grant a salary increase to employees
in the 1991-92 fiscal year and any subsequent fiscal year
in which no salary increase is paid to state employees and
the Governor ~as declared a statewide fiscal emergency.
(cl In times 0: fiscal emergency, principles of
equity and fairness in the compensation of publiC
employees justify measures providing that employees of
counties, cities, special districts. school districts.
county boards of education, or community college districts
noe receive salary increases at a time when state
employees are not-receiving salary increases and will be
subject to furlough or layoffs.
SEC. 2. Section 3505 of the Government Code is
atIIended to read:
3505. The governing body of a publio agency.
or such boards. commissions, administrative officers or
other representatives as may be properly designated by law
or by such governing body, shall meet and confer in good
faith regarding wages, hours. and other terms and
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SubscantlVe
conditions ~f employment with representatives .of such
:eeoqni~ed employee organizations. as defined in
~ubdivision lbl of Section 3501, and shall consider fullY
such presentations as are made by the employee .
orqani~ation on behalf of ~tS members prior to arr.ving at
a determination of oollcv or course of action.
"~eet and confer in good faith" means that a
public agency. .or such representatives' as it may
designate, and representatives of recoqni~ed employee
organizations, shall have t~e mutual obligation personally
to meet and confer promptly upon request by either party
and continue for a reasonable period of time in order to
excnange freely information, opinions. and proposals. and
to endeavor to reach agreement on matters within the scooe
of representatiOn prior to the adoption by the public -
aqency of its final budget for the ensuing year. ~he
oroeess snould include adeauate time for the resolution of
lmoasses where soec~fic orocedures for such resolution are
con~ained i~ local rule." regulation. or ordinance. or when
sucn procedures are utilized by mutual consent.
Acceotance Qy ~ 10ca1 publiC aqencv of the
salarv limitat~on lmoosed bv Chaoter 6 (commencina with
Sect~on i6290\ ot Part lor-Division 4 of T~tle 2. ShiTl
not be deemed a-reIUSil-or-failure to-mee~ and neQotlate
!ilqood faitn.- - - --
-- SEC. 3. Section 3543.5 of the Government code
is amended to read:
-- 3543.5. It snall be unlawful for a public
school employer to do any of the following:
ta) Impose or threaten. to impose reprisals on
employees. to discriminate or threaten to discriminate
against employees. or otherwise to interfere with.
res~rain, or coerce employees because of their exercise or
rights guaranteed by this chapter. For purposes of this
subdivision, "employee" includes an applicant for
employment cr reemployment.
{bj Deny to employee organizations rights
guaranteed to them by this cnapter.
(cl Refuse or fail to meet and negotiate in
good faith ~ith an exclusive representative.
(d) Dominate or interfere with the formation or
administration of any emp10yee organization. or contribute
financial or other support to it, or in any way encourage
employees to join any organization in preference to .
another.
(e) Refuse to participate in good faith in the
impasse procedure set forth in Article 9 (commencing with
Section 3S48 I.
~or purvoses of this section. aeceotance ~ !
public schoor-emp10ver or-t~alary limitation im~osed ~
Chapter ~ (commenclng wrth:section 16290) ~ Part ~ of
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Subsl:anl:ive
Jivision 4 of ~i~le Z shall not be deemed a refusal or
:ailure ~O ~ ~ neaO~lal:e In-qood fall:h.
SEC.~. Chap~er 6 (COmmenclng wl~h Section
'62901 is added :0 part' of Division 4 of ~itle 2 of :he
Governmenl: Carie, to read:
::APTER 6. LOCAL AGENCY S~LARY
INCREASES .. I
'6290. (a) ~he Legislature finds and declares
that the moneys allocated to counties pursuant to the
~ocal Revenue.~und, as crea~ed during the 1991 portion of
the 1991-92 Regular Session, are based on a determination
that ~he allocation is the minimum amount necessary to
provide services for the '991-92 fiscal year, and are not
intended to provide resources for salary increases.
10) The Legislature further finds and declares
that if a county pays a salary increase to its employees
in a fiscal year when no general salary increase is paid
co state emolovees and the Governor has declared a
statewide fiscal emergency. the salary increase by the
county demonstrates an over funding in the allocation
provided to the county for programs receiving Local
Revenue Fund allocations.
(c) Upon certification to the Controller by the
~irector sf Finance that a county has provided a salary
increase in any fiscal year in which the conditions
specified i~ subdivision (bl have been met, the Controller
shall deouct from any allocation of state funds to that
coun~y the amount of the overfunding.
'6291. (a) In the event that a city, special
district, or redevelopment agency, provides a salary
increase to itS employees in a fiscal year when no general
salary increase is paid to state employees and the
Governor ~as declared a statewide fiscal emergency, the
city, special dis~ric~, or redevelopment agency shall not.
to the extent ?rovided for pursuant to subdivision (b), be
eligible to receive moneys from the staee.
(b) Upon certification to the Controller by the
~irector of Finance that a city, special district, or
redevelopment agency has provided a salary increase in any
fiscal year in which the conditions specified in
subdivision (al have been met, the controller shall deduct
from any allocation of state funds to that city, special
district, or redevelopment agency the amount of the
overfunding.
16292. (a) In the event that a school
district, county board ot education, or community college
district provides a salary increase to its employeeS in a
fiscal year when no general salary increase is paid to
state employees and the Governor ha. declared a statewide
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~N9119944 PAGt ~
Substantive
fiscal emergency, the salary increase demonstrates an
overiundina in the allocation to the school district,
county board of education, or community college district.
(b) upon certification to the Controller by the
~irec~or ot Finance ~hat a school district, county board
of education, or community college district has provided a
salary increase in any fiscal year inMhich the conditions
ipeCified in subdivision (a) have been met, the Controller
shall deduct from any allocation of state funds to that
district or county ooard the amount of the overf~ndinq.
:6293. Notwithstanding any other provision of
law. the Cont:oller shall not deduct the amount of any
salary increase provlded to county. city, special
district, school district. county board of education, or
/ community college district employees in any fiscal year
wnen no general salary increase is paid to state employees
and the Governor has declared a statewide fiscal
emergency, if the salary increase is paid pursuant to a
~inal order f~cm a court of competent jurisdiction, from
which all appeals are final. and if the paymen~
effectuates tne terms of a collective bargaining agreement
\ in existence prior to the effective date of this chaoter.
, '6294. (a) For purposeS of this chapter,"
.salarv increase" means any increase in the salary ranges
of existing job classifications payable within the fiscal
year at issue. "Salary increase" as used in this chapter
{ shall also include any mechanism, including, but not
. limited to, increased employer pickUp of benefit
\1 contributions previously made by employees that increases
~he nee pay of employees, or benefit increases unless the
state has adopted such a mechanism for its employees in
lieu of a general salary increase. "Salary increase"
shall not include increased compensation paid to
,,_, individual employees due to promotion, transfer, or merit
salary adjustment.
(b) For purposes of this chapter, a "statewide
:i5ca1 emergency" may be declared in any fiscal year in
~hich the sta~e is unable to maintain a prudent reserve
and balancing tne state budget requires both significan~
revenue increases and substantial reductions in
expenditures, including salary or benefit reductions,
denial of a general salary increase, furloughs, or layoffs
of state employees.
16295. This chapter constitutes a matter of'
statewide concern. and shall apply to charter counties and
charter cities. The provisions ot this chapter shall
supersede any inconsistent provisions in the charter of
any county or city.
SEC. S. If any provision of this act or the
a9plication of that prov~sion to any person or
c~rc:uaat.nce Shall be held invalid. the rell\Ainder of this
J
S.s.-21-91 FRI 1~ :07 Advoc.a't. ion
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06/'5/91 :0:19 PM
~N9119944 PAGE 5
Substantive
act, or the application of ~hat provision to persons or
circumstances other than those as to which ~t :s held
.nv41id. snail not be affected thereby.
SEC. 6. ~his act is an urgency statute
necessary for the immediate preservation of the public
peace. nealth. or safety ~ithin the rne~ning or ~rticle IV
of. the Constitution and shall go into/immediate effect.
The facts constituting the necessity are:
In order for the orovisions of this act to take
effect at the earliest time during the 1991-92 fiscal year
and to orovide the createst =lSC41 benefits. it is
necessary for this aCt ~o ~ake effect immediately.
AAendment 3
On page 2. sn:;<e out lines 2 to 30, ~nclus~ve,
and strike cut page 3
- 0 -
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ClN OF
CHULA VISTA
OFFICE OF THE CITY CLERK
TELEFAX COVER LETfER
Telecopier No. (619) 691-5171
DATE:
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TOTAL NO. PAGES (Including Cover):
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If all pages are not received, please call (619) 691-5041.
276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 92010/(619) 691-5041
Notice and Call of Special Meeting
Chula vista City Council
Notice is hereby given that the Mayor of the city of Chula vista,
has called and will convene a special meeting of the City Council
on Saturday, June 22, 1991 at 12:30 P.M. in the City Council
Conference Room located in the Administration Building at 276
Fourth Avenue, Chula Vista, California.
The purpose of said meeting will be to consider, deliberate and
act upon the granting of salary increases to all employees,
included Council-appointed employees, without regard to whether
they are represented or unrepresented, to further deliberate upon
whether and in what manner said increase should be condition upon
the passage of AB 1040 (Mays), to further deliberate and act upon
accepting a waiver of the duties imposed under the Meyers-
Millias-Brown Act, and if possible to deliberate and act upon a
required appropriation for same.
Pursuant to Government Code section 54957.7, the city Council may
conduct a closed session for the purpose of discussing the
foregoing, and for the purpose of giving instructions to its
labor negotiator or negotiating team, a matter which is a
permitted subject of closed sessions under the authority of
Government Code section 54957.6.
Dated:
June 21, 1991
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vic i Soderquist, Depu
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City Clerk
~.,/
Dear David,
Please fax back Waiver of Notice -- call Bruce Boogaard if you
have any questions.
{; / 'I - ( q I :5) / ,/
Waiver of Notice of Special Meeting
Chula vista City Council
Pursuant to Government Code section 54956, and Chula vista City
Charter Section 306, the undersigned hereby acknowledges that it
received sufficient notice, and waives any further notice,
including personal delivery or delivery by mail of such notice
of, and the right to attend, the Special Meeting of the City
Council called by the Mayor of the city of Chula vista, for
Saturday, June 22, 1991.
Dated: June 21, 1991
David Malcolm, Councilmember
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ClN OF
CHUlA VISTA
OFFICE OF THE CITY CLERK
TELEFAX COVER LETfER
Telecopier No. (619) 691-5171
DATE:
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276 FOURTH AVENUEICHULA VISTA, CALIFORNIA 920101(619) 691.5041
Notice and Call of Special Meeting
Chula vista city council
Notice is hereby given that the Mayor of the City of Chula Vista,
has called and will convene a special meeting of the City Council
on Saturday, June 22, 1991 at 12:30 P.M. in the City Council
Conference Room located in the Administration Building at 276
Fourth Avenue, Chula Vista, California.
The purpose of said meeting will be to consider, deliberate and
act upon the granting of salary increases to all employees,
included Council-appointed employees, without regard to whether
they are represented or unrepresented, to further deliberate upon
whether and in what manner said increase should be condition upon
the passage of AB 1040 (Mays), to further deliberate and act upon
accepting a waiver of the duties imposed under the Meyers-
Millias-Brown Act, and if possible to deliberate and act upon a
required appropriation for same.
Pursuant to Government Code section 54957.7, the city Council may
conduct a closed session for the purpose of discussing the
foregoing, and for the purpose of giving instructions to its
labor negotiator or negotiating team, a matter which is a
permitted subject of closed sessions under the authority of
Government Code section 54957.6.
Dated:
June 21, 1991
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Soderqulst, De
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ty City
Clerk
vickl
Notice and Call of Special Meeting
Chula vista City council
Notice is hereby given that the Mayor of the City of Chula vista,
has called and will convene a special meeting of the city Council
on saturday, June 22, 1991 at 12:30 P.M. in the City Council
Conference Room located in the Administration Building at 276
Fourth Avenue, Chula Vista, California.
The purpose of said meeting will be to consider, deliberate and
act upon the granting of salary increases to all employees,
included Council-appointed employees, without regard to whether
they are represented or unrepresented, to further deliberate upon
whether and in what manner said increase should be condition upon
the passage of AB 1040 (Mays), to further deliberate and act upon
accepting a waiver of the duties imposed under the Meyers-
Millias-Brown Act, and if possible to deliberate and act upon a
required appropriation for same.
Pursuant to Government Code section 54957.7, the city Council may
conduct a closed session for the purpose of discussing the
foregoing, and for the purpose of giving instructions to its
labor negotiator or negotiating team, a matter which is a
permitted subject of closed sessions under the authority of
Government Code section 54957.6.
Dated: June 21, 1991
'.
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vicki Soderquist, Dep City Clerk
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CllY OF
CHULA VISTA
OFFICE OF THE CITY CLERK
TELEFAX COVER LETfER
Telecopier No. (619) 691-5171
DATE:
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TOTAL NO. PAGES (Including Cover): J...
If all pages are not received, please call (619) 691-5041.
276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 92010/(619) 691.5041
Notice and Call of Special Meeting
Chula vista City council
Notice is hereby given that the Mayor of the City of Chula Vista,
has called and will convene a special meeting of the city Council
on Saturday, June 22, 1991 at 12:30 P.M. in the City Council
Conference Room located in the Administration Building at 276
Fourth Avenue, Chula Vista, California.
The purpose of said meeting will be to consider, deliberate and
act upon the granting of salary increases to all employees,
included Council-appointed employees, without regard to whether
they are represented or unrepresented, to further deliberate upon
whether and in what manner said increase should be condition upon
the passage of AB 1040 (Mays), to further deliberate and act upon
accepting a waiver of the duties imposed under the Meyers-
Millias-Brown Act, and if possible to deliberate and act upon a
required appropriation for same.
Pursuant to Government Code section 54957.7, the city Council may
conduct a closed session for the purpose of discussing the
foregoing, and for the purpose of giving instructions to its
labor negotiator or negotiating team, a matter which is a
permitted subject of closed sessions under the authority of
Government Code section 54957.6.
Dated: June 21, 1991
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Cl.ty Clerk