HomeMy WebLinkAbout2015-06-29Minutes
Special Meeting of the City Council
City of Huntington Beach
Monday, June 29, 2015
6 00 PM - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
A video recording of this meeting
is on file in the Office of the City Clerk and is archived at
www.surfcity-hb.orq/government/agendas/
6:00 PM - Council Chambers - Study Session
CALL TO ORDER — 6:03 PM
ROLL CALL
Present Posey, O'Connell, Katapodis, Hardy, Sullivan, Delgleize, and Peterson
Absent None
PLEDGE OF ALLEGIANCE — Led by Councilmember Delgleize
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
Pursuant to the Brown "Open Meetings" Act, City Clerk Joan Flynn announced supplemental
communications that were received by her office following distribution of the Council Agenda packet
Communication was received from Gino J Bruno, dated June 26, 2015, entitled COIN - The Study
Session Monday, June 29th
PUBLIC COMMENTS PERTAINING TO SPECIAL MEETING ITEM (3 Minute Time Limit) - 3 Speakers
(The number [hh mm ss] following the speaker's comments indicates their approximate starting time in
the archived video located at http //www surfcity-hb org/government/agendas/)
Maureen spoke about the importance of transparency for the taxpayers (00 01 57)
Norman Lawson spoke in support of transparency in public employee negotiations (00 02 39)
Charles Barfield, Orange County Employees Association, spoke to the issue of transparency for all
negotiations, and his opinion that there are significant legal challenges with COIN (00 03 52)
Council Special Meeting Minutes
June 29, 2015
Page 2 of 4
STUDY SESSION
1. Reviewed and discussed options to implement transparency in public employee
negotiations and provide staff feedback for possible consideration at a future council
meeting.
Assistant City Manager Ken Domer introduced Michele Warren, Director of Human Resources, who
provided a PowerPoint presentation entitled Transparency in Negotiations - Transparency and
Openness in Public Employee Negotiations that included the following titled slides Overview of Labor
Negotiations, Two Factors of Consideration, Trends in Transparency and Accountability, ACC-OC
Strategies, COHB Current Practices in Negotiations, Challenges to Transparency Ordinances, and
Comparison Matrix
Councilmember Peterson applauded the public speaker stating the need for transparency for all public
negotiations — whether for employees or contracts Director Warren and Councilmember Peterson
discussed use of an external negotiator, publicizing offers and counter-offers, and how costs can
impact the organization's desire to include or exclude items Costa Mesa is public with their offers and
counter-offers while other area agencies only make tentative agreements public Finance Director Lon
Ann Farrell Harrison explained that costing contracts occurs during annual budget preparation at
the department level
Councilmember Posey asked staff to walk through the process of adopting a plan of transparency in
negotiations Director Warren discussed that style and/or content of a transparency ordinance would
determine how much information would be shared All MOUs are always public, whereas offers and
counter-offers are as public as the Council determines
Councilmember Posey asked for a legal opinion of SB 331 (Public Contracts) and the probability that it
would pass Deputy Chief City Attorney Mike Vigliotta responded that there is no way to predict
legislative outcomes
Councilmember Delgleize and Director Farrell Harrison discussed the budget process that makes
projections for labor costs, and costing of specific elements/proposals for each bargaining group
including benefits, at the department level Director Farrell Harrison also explained how each specific
item is cost out individually in situations where a bargaining group may affect several departments
Discussion continued on cities sharing "best practices" among themselves, and the fact that Huntington
Beach being a full -service city requires use of a more refined costing methodology
Councilmember O'Connell and Director Harrison Farrell discussed the total budget of approximately
$342M, of which approximately $168M represents employee costs, and approximately $172M
represents capital projects, utilities and debt service, etc Councilmember O'Connell stated he supports
transparency from the very top to the very bottom, i e , to include all City contracts and employees
Chief Assistant City Attorney Vigliotta cautioned the Council not to discuss information not currently on
the agenda
Councilmember Sullivan thanked Councilmembers Posey and Delgleize for bringing the item
forward He discussed being unhappy with the labor negotiation process during his 15 years of service
on the Council He voiced concerns about Council reaching agreements on MOU related issues
during Closed Session, and presenting the MOU publically at the next meeting Further, he stated
Council Special Meeting Minutes
June 29, 2015
Page 3 of 4
support for publicizing offers and counter-offers, and retaining outside counsel to evaluate costs
associated with negotiable points He inquired about, and Director Warren responded, how non -safety
employees contribute/pay 8% towards their PERS retirement fund, with the City picking up the
remaining 13% Councilmember Sullivan opined that the figures should be equal, and concluded his
comments by thanking staff and congratulating them on their efforts to reduce unfunded liabilities
Mayor Pro Tern Katapodis thanked Finance Director Farrell Harrison for her work to present information
during negotiations, discussed current use of outside counsel, and was reminded by Chief Assistant
City Attorney Vigliotta of a recent charter amendment that relates to the use of outside counsel Mayor
Pro Tern Katapodis stated support for transparency in negotiations, citing Newport Beach as a
preferred model
Councilmember Posey also stated support for the Newport Beach model, but voiced concerns that it did
not require publicizing offers and counter-offers during negotiations, nor disclosure of private
communications
Mayor Hardy stated support for the Newport Beach model she referred to as policy, but concurred with
Councilmember Posey on its missing components She described her experience that negotiations are
positively facilitated by privacy She also stated support for Council expanding the level of disclosure
on private communications, and publishing MOUs and related information earlier
Councilmember Peterson stated support for publicizing offers and counter-offers, retention of outside
negotiators, and Council expanding the level of disclosure they provide for private communications
Mayor Pro Tern Katapodis asked staff to price out the use of outside counsel
Councilmember Posey stated support for including any policy the Council considers, publicizing
of offers and counter-offers during negotiations
Mayor Hardy questioned the appropriate way to give staff direction, and asked Chief Assistant City
Attorney Vighotta whether a policy or ordinance would be the proper route to proceed Chief Assistant
City Attorney Vigliotta responded that regardless of which type of action the Council takes, it must be
agendized and voted upon at another meeting
Mayor Hardy suggested straw votes on policy (vs ordinance or resolution), offer/counter-offer, and date
to publish MOUs ahead of a meeting
Councilmember Delgleize questioned if a policy of disclosure for offers/counter-offers was
implemented, would the policy have to be followed in every case, or could it be agreed to not disclose if
that would hinder the process in certain situations
Councilmember Peterson stated that in his opinion, if Council had the option to not disclose for a
certain situation it should only be by a super majority, not just a majority
Assistant City Manager Domer and Mayor Hardy discussed that staff could come back with alternatives ;
based on Council straw votes, and Chief Assistant City Attorney Vigliotta reminded everyone to stay on
point with the agenda Assistant City Manager Domer added that the existing negotiating models for{
MOUs allow for as much time as possible but do generally require a two -meeting process, i e , a public
hearing meeting which allows for public comment followed in a couple of weeks by a meeting for the
final vote
Council Special Meeting Minutes
June 29, 2015
Page 4 of 4
Mayor Hardy called for a straw vote to review and discuss options to implement transparency in public
employee negotiations and provide staff feedback for possible consideration at a future council
meeting, specifically using the policy vs ordinance route, and use of outside counsel
In discussion before voting, Councilmember Delgleize asked what the difference is between a policy vs
an ordinance Chief Assistant City Attorney Vigliotta responded that there is a significant difference — a
codified law on the books (ordinance) vs ground rules or guidelines for negotiations (resolution)
Mayor Hardy added that a policy might be less likely to result in potential legal challenges
The straw vote motion to utilize a Policy versus Ordinance carried by the following vote
AYES Posey, O'Connell, Katapodis, Hardy, Sullivan, and Delgleize
NOES Peterson
Mayor Hardy called for a straw vote to review and discuss options to implement transparency in public
employee negotiations and provide staff feedback for possible consideration at a future council
meeting, specifically relating to offers and counter-offers
In discussion before voting, Mayor Hardy clarified that voting "Yes" means to publish all offers and
counter-offers, and a "No" vote means no publishing Chief Assistant City Attorney Vigliotta added that
nothing in this Study Session is being put in stone, but the issues will be agendized for a future meeting
and final voting
The straw vote motion to publish offers and counter-offers carried by the following vote
AYES Posey, O'Connell, Katapodis, Sullivan, Delgleize, and Peterson
NOES Hardy
COUNCILMEMBER COMMENTS (Not Agendized) — No comments
ADJOURNMENT — at 7 04 PM to the next regularly scheduled meeting of the Huntington Beach City
Council/Public Financing Authority on Monday, July 6, 2015, at 4 00 PM in Room B-8, Civic Center,
2000 Main Street, Huntington Beach, California
ATTEST:
City Ark
Cit Jerk and x-o icio r K of the City
Council of the City of Huntington Beach, California
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