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HomeMy WebLinkAbout1997 08-19 CC MINBook 79/Page 261 08/19/97 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA AUGUST 19,1997 The Regular Meeting of the City Council of the City of National City was called to order at 3:03 p.m. by Mayor Waters. ROLL CALL Council members present: Beauchamp, Inzunza, Morrison, Waters. Absent: Zarate. Administrative officials present: Dalla, DeFratis, DiCerchio, Eiser, Kimble, Matienzo, Morse, Myers, Williams. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with the salute to the flag led by Assistant City Manager Park Morse, followed by the invocation by Reverend James Kilinsky, National City First Baptist Church. Councilwoman Zarate arrived at 3:05 p.m. APPROVAL OF MINUTES Motion by Inzunza, seconded by Morrison, the Minutes of the Regular Meeting of August 12, 1997 be approved. Carried by unanimous vote. PRESENTATIONS PERS/NEW EMPLOYEE INTRODUCTION PROGRAM (604-2-2) Mayor Waters requested that Finance Director Marylou Matienzo introduce her new employees: Rosa Barajas and Juan Silva, Accounting Assistants; that Police Chief DiCerchio introduce new Police Officers Antonio Ybarra and Kelly Richardson. The new employees were recognized by those present. Book 79/Page 262 08/19/97 CONSENT CALENDAR ADOPTION OF CONSENT RESOLUTIONS (Resolution No. 97-107) and Item No. 2 (Warrant Register No. 7). Motion by Inzunza, seconded by Zarate, the Consent Calendar be adopted by title only. Carried by unanimous vote. CONTRACT (C92-29) 1. Resolution No. 97-107. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CHANGE ORDER TO THE AMENDED MAINTENANCE CONTRACT WITH HONEYWELL, INC. FOR THE CLEANING AND REPAIRING OF THE HEATING, VENTILATION AND AIR CONDITIONING SYSTEM AT CITY HALL." (Engineering) ACTION: Adopted. See above. WARRANT REGISTERS (202-1-12) 2. Warrant Register #7. Ratification of Demands in the amount of $213,593.66 (Warrant Nos. 144723 through 144840 inclusive excepting none/102945 through 102971 inclusive). (Finance) ACTION: Adopted. See above. NON CONSENT RESOLUTIONS LABOR RELATIONS MEA MOU (605-4-4) 3. Resolution No. 97-108. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION/SEIU AND PROVIDING SAME SALARY AND BENEFITS INCREASES FOR CONFIDENTIAL EMPLOYEES." (Personnel) RECOMMENDATION: Staff recommended approval of the Memorandum of Understanding and proposed Resolution. TESTIMONY: None. ACTION: Motion by Inzunza, seconded by Zarate, in favor of Resolution No. 97-108. Carried by unanimous vote. Book 79/Page 263 08/19/97 LABOR RELATIONS EXEC/ MGMT EMPLOYEES (605-2-1) LABOR RELATIONS MAYOR/COUNCIL (605-8-1) LABOR RELATIONS CITY CLERK (605-9-1) LABOR RELATIONS CITY TREASURER (605-10-1) 4. Resolution No. 97-109. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE DESIGNATIONS, SALARIES AND BENEFITS PLAN FOR EXECUTIVE AND MANAGEMENT EMPLOYEES, INCLUDING THE CITY MANAGER AND CITY ATTORNEY, APPROVING CHANGES TO THE SALARIES AND BENEFITS OF THE CITY CLERK AND CITY TREASURER, AND CONFIRMING THE CHANGES TO SALARY AND BENEFITS FOR THE MAYOR AND CITY COUNCIL AND THE CHAIRMAN AND MEMBERS OF THE COMMUNITY DEVELOPMENT COMMISSION." (Personnel) RECOMMENDATION: Staff recommended that Council adopt the Resolution. TESTIMONY: None. ACTION: Motion by Inzunza, seconded by Morrison, in favor of Resolution No. 97-109. Carried by unanimous vote. OLD BUSINESS LABOR RELATIONS/CITY CLERK (605-9-1) 5. SUBJECT: City Clerk's Office Staffing Review. (City Manager) RECOMMENDATION: Staff recommended that Council provide direction for implementation. The City Clerk recommended that the staffing in the City Clerk's Office revert back to the staffing levels that existed prior to February 1995; that the City not hire additional people for the Clerk's office; that the salary of the City Clerk be returned to full-time and that existing staffing be maintained. TESTIMONY: Personnel Director Roger DeFratis, at the request of Mayor Waters, clarified for the record that his direction was to determine the required staffing in the City Clerk's Office if the City Clerk remained part-time. Under those conditions, the recommendation of the Personnel Director was to create a new position of Records Book 79/Page 264 08/19/97 LABOR RELATIONS/CITY CLERK (continued) Manager/Deputy City Clerk and to hire another full-time person as a Senior Office Assistant. The total cost for that option would be $94,831 per year for salary and benefits. Mayor Waters clarified for the record that the Personnel Director also provided additional information that "the salary and benefits cost for the previous full-time City Clerk and Administrative Secretary (complete City Clerk staff) updated by recent increases would be $93,148". (See Exhibit G) Mayor Waters read the two recommendations before the Council as; Option A) A City Clerk's Office staffed by 1 (one) full-time City Clerk and 1 (one) full-time Administrative Secretary; or Option B) A City Clerk's Office staffed by 1 (one) part-time City Clerk, 1 (one) full-time Records Manager/Deputy City Clerk, and 1 (one) full-time Senior Office Assistant. (See Exhibit F) Rita Heuss, 2121 E. 4th Street, spoke in opposition to changes in the City Clerk's Office. Louise Martin, 1527 E. 15th Street, spoke in opposition to changes in the City Clerk's Office. Maxine Reon, 2809 `M' Avenue, spoke in favor of changes in the City Clerk's Office. ACTION: Motion by Zarate, seconded by Inzunza, in favor of retaining Michael Dalla as a full-time City Clerk. Mayor Waters asked the Personnel Director for clarification on how the recommended salary for the City Clerk was determined. Roger DeFratis advised that the recommended salary of $42,600 was determined by taking the previous full-time City Clerk's salary upgraded by the 5% increase granted all employees in July of 1996. Vice Mayor Beauchamp asked for clarification of the motion. It was his understanding that the intent of the motion is; to expand the City Clerk position back to the prior condition where it was full-time and the duties appurtenant thereto and that the full-time Administrative Secretary be retained. Councilman Inzunza wanted the record Book 79/Page 265 08/19/97 LABOR RELATIONS/CITY CLERK (continued) to reflect that the total cost of the motion (Option A) is less than the other option (Option B). Vice Mayor Beauchamp asked the maker of the motion what the effective date would be. The maker and second agreed that the intent was to make the effective date September 1, 1997. Mayor Waters asked the Personnel Director to clarify the title and salary contained in the motion. The Personnel Director stated his understanding of the motion to be; that the City Clerk would be working full- time; that the position of Administrative Secretary would be retained; that the City Clerk and Administrative Secretary are the two full-time positions that would be authorized by the motion; the City Clerk's salary would be what it was before it was reduced plus the 5 percent given to all employees in 1996; and the part-time Office Assistant position contained in the current budget be eliminated. Motion carried by the following vote, to -wit: Ayes: Beauchamp, Inzunza, Zarate, Waters. Nays: Morrison. WRITTEN COMMUNICATIONS PARKING ADMIN 1997 (801-2-17) 6. SUBJECT: Letter from Robert Torres requesting a handicap parking space at 2828 "I" Avenue in National City. TESTIMONY: Robert Torres, 2828 "I" Avenue, spoke in favor of the request. ACTION: Motion by Beauchamp, seconded by Morrison, to continue this item for one week. Carried by unanimous vote. NEW BUSINESS POLITICAL SUPPORT (102-4-1) 7. SUBJECT: Draft letter of support to Olivenhain Municipal Water District's request to the County Water Authority pertaining to raw and treated water lines. (Public Works) RECOMMENDATION: Staff recommended that Council authorized the City Manager to sign the letter of support. Book 79/Page 266 08/19/97 POLITICAL SUPPORT (continued) TESTIMONY: Frank Chenelle, 3025 Plaza Bl., San Diego County Water Board, spoke in favor and answered questions. ACTION: Motion by Beauchamp, seconded by Morrison, in favor of staff's recommendation. Carried by unanimous vote. POLITICAL SUPPORT (102-4-1) 8. SUBJECT: Consider joining the Amicus Curiae Briefs in Coleman v. County of Santa Clara, Green v. City of Los Angeles, San Jose Mercury News, Inc. v City of San Jose. (City Attorney) RECOMMENDATION: Staff recommended that Council authorize joining in amicus curiae briefs. TESTIMONY: None. ACTION: Motion by Inzunza, seconded by Morrison, in favor of staff's recommendation. Carried by unanimous vote. CITY MANAGER - No Report. CITY ATTORNEY - No Report. OTHER STAFF - No Report. MAYOR Mayor Waters gave an update on the status of the permit from the Army Corps of Engineers for the Marina Project. Jess Van Deventer, National City Port Commissioner, provided additional information and answered questions. CITY COUNCIL Vice Mayor Beauchamp informed the Council that he and Mayor Waters would be taking a tour of the East Line Railroad on Thursday. PUBLIC ORAL COMMUNICATIONS - None Book 79/Page 267 08/19/97 ADJOURNMENT Motion by Inzunza, seconded by Zarate, to adjourn to the Next Regular City Council Meeting - August 26, 1997 - 6:00 p.m. - Council Chambers, Civic Center. Carried by unanimous vote. The meeting closed at 4:52 p.m. The foregoing minutes were approved at the Regular Meeting of August 26, 1997. MAYOR CITY OF NATIONAL CITY ALL CITY COUNCIL MEETINGS ARE TAPE-RECORDED. YOU MAY LISTEN TO THE TAPES IN THE CITY CLERK'S OFFICE. COPIES OF THE TAPES MAY BE PURCHASED FROM THE CITY CLERK. TAPES REQUIRE A TAPE PLAYER CAPABLE OF PLAYING AT HALF -SPEED. Book 79/Page 268 08/19/97 EXHIBIT "F" City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla - City Clerk (619) 336-4226 Fax (619) 336-4376 August 17, 1997 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: MICHAEL DALLA, CITY CLERK SUBJECT: CITY CLERK'S OFFICE STAFFING REVIEW Item No. 5 on the August 19, 1997 City Council Agenda provides information on staffing in the City Clerk's Office. It is a follow-up to my May 23, 1997 recommendation that staffing in the City Clerk's Office be reinstated to 'one full-time City Clerk and one full- time Administrative Secretary'. I have attached for your review a copy of my May 23rd recommendation. The additional information presented in Agenda Item #5, makes it clear that there are two options for organizing and staffing the City Clerk's Office: A) A City Clerk's Office staffed by 1 (one) full-time City Clerk and 1 (one) full-time Administrative Secretary, or; B) A City Clerk's Office staffed by 1 (one) part-time City Clerk, 1 (one) full-time Records Manager/Deputy City Clerk, and 1 (one) full-time Senior Office Assistant. The annual personnel cost of Option (A) is estimated by the Personnel Director to be $93,148. The annualpersonnel cost of Option (B) is estimated to be $94,831. I believe that the actual personnel costs of Option (B) will be even less than the above estimate. It is my recommendation that the City Council not hire additional personnel for the City Clerk's Office but, rather, take the action necessary to reinstate the previous staffing arrangement (option A) that existed in the Clerk's office prior to February 1995. ® Recycled Paper Book 79/Page 269 08/19/97 City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla - City Clerk (619) 336-4226 Fax (619) 336-4376 May 23, 1997 TO: Roger C. DeFratis, Personnel Director FROM: Michael Dalla, City Clerk SUBJECT: CITY CLERK'S OFFICE STAFFING This is in response to your request for evaluation and recommendations on staffing requirements in the Office of the City Clerk. BACKGROUND In February of 1995, City Clerk, Lori Peoples, submitted a proposal to the City Council that brought significant changes to the City Clerk's Office. As the Clerk stated in her proposal to the Council: "This proposal seeks to divide the current duties of the City Clerk into two categories: Statutory and Executive Administration. At the present time, I (Lori Peoples) will continue to perform these duties and will forfeit all but $635.25 of my salary." The former City Clerk proposed to accept a pay reduction but continue to perform both the Statutory and the additionally assigned Executive Management duties performed by her office. Under the arrangement approved by the City Council, the City Clerk's pay became part-time, but the City Clerk's duties and responsibilities remained full-time. The reason for the proposal and changes was the fact that Lori Peoples was no longer able to work a regular work week at City Hall during normal business hours. She proposed instead, to be available before and after hours and on weekends and to be in constant contact by phone. The new arrangement was intended to be temporary until November of 1996, when Ms. Peoples' term of office expired and the situation and distribution of duties in the Clerk's Office would be re-evaluated. ® Recycled Paper Book 79/Page 270 08/19/97 In June of 1996, the City Council held a Workshop on The City Clerk's Office and took the following action: Motion by Zarate, seconded by Morrison, to direct the City Manager to review and take action to hire an Election consultant who would report under the City Clerk. The Elected City Clerk position to remain part-time with only the statutory duties, same salary and benefits as the other part-time elected officials. Carried by unanimous vote. Councilman Morrison requested action begin on the creation of the position which will take over the professional duties of the office. City Manager McCabe clarified Council intent to be; once the election was over, the Secretary position would remain and another full-time professional position would be created to perform the non -statutory duties, The part-time temporary position would no longer be needed. (Minutes 6/18/96) CURRENT SITUATION IN THE CITY CLERK'S OFFICE With limited exception, I have determined that, statutory duties not withstanding, the "additionally assigned management duties" formerly the responsibility of the City Clerk's Office continue to be the responsibility of the City Clerk and have not been re -assigned to others. Those duties include: 1. Establish and maintain a computerized data base of City Records. 2. Maintain public records of the City and serve as the custodian of those records. 3. Perform research through City records as required. 4. Respond to requests for production of public records. 5. Serve as the Filing Officer for claims filed against the City. 6. Serve as the Filing Officer for all statements required under the Fair Political Practices Act. 7. Serve as the Filing Officer for City contracts and agreements. 8. Develop and recommend an annual budget for the department. 9. Manage and oversee that budget. 10. Respond to citizens' inquiries and refer inquires to proper departments. 11. Process all incoming and outgoing mail for City Hall. 12. Receive and open bids for various departments. 13. Legally post and publish all notices of public hearings, meetings and legal advertisements. 14. Coordinate the codification and distribution of the Municipal Code. 2 Book 79/Page 271 08/19/97 15. Process all documents requiring recording with the County Recorder. 16. Process all resolutions and ordinances. 17. Act as Recording Secretary for the Community Development Commission, Finance Committee and Joint Powers Authority. 18. Post the Appointive List as required under The Maddy Act. 19. Conduct municipal elections, initiatives, referendums and recalls in accordance with State Law. 20. Supervise departmental staff. Under the existing arrangement, the time available to devote to the assigned duties is insufficient to properly carry them out to the degree and level of care and performance they warrant. The presence of the City Clerk, two to three hours a day when City Hall is open, or in the early morning, evenings and on weekends when City Hall is closed, is simply not enough. In order to carry out the bulk of the responsibilities of the office, the City Clerk needs to be present and available during business hours when the public and staff most need service. The weekly gross pay for the City Clerk is $154.00 per week. For that reason it is a necessity, at the present time, for the City Clerk to maintain primary employment outside City Hall. Additional clerical help, either part-time or full-time will be of little or no consequence. The primary deficiency is the absence of the City Clerk during the bulk of the normal business hours, to carry out the duties of the position and supervise the operation of the office. That absence is due to the part-time salary arrangement entered into in 1995 between the City Council and the former City Clerk. That arrangement was made to accommodate a unique set of circumstances that existed in 1995. Those circumstances no longer exist. The need for that arrangement no longer exists. RECOMMENDATION The public and the City will be better served if the City Clerk is present and available at City Hall on a full-time basis during normal business hours. In addition; The records management / storage and legislative history activities of the City are presently in critical need of attention. It is my recommendation that the staffing in the City Clerk's Office return to the level that existed prior to 1995: one full-time City Clerk and one full-time Administrative Secretary. Every city in the county, except National City , has a full-time City Clerk. For most of its existence, prior to 1995, National City had a full-time Clerk. Because 3 Book 79/Page 272 08/19/97 the duties and responsibilities of the City Clerk have not become part-time, there is little justification for maintaining it as a part-time position. The direct personnel costs associated with this recommendation should be comparable to, if not Tess than, the costs of creating a new position, and will be more than off -set by increased productivity, efficiency and service. 4 Book 79/Pg 273 EXHIBIT "G" 08 / 1.9 / 9 7 City of National City Personnel Department 1243 National City Boulevard Phone: (619) 336-4200 TDD: (619) 336-1615 August 8, 1997 MEMORANDUM TO Tom G. McCabe, City Manager FROM Roger C. DeFratis, Personnel Dire�i SUBJECT CITY CLERK'S OFFICE STAIN REVIEW The City Council has directed the City Manager to review the functions of the City Clerk's Office and to recommend the type and number of positions necessary to perform the non -statutory duties assigned to that office. Assuming that the City Council desires that the office remain open for business from 8:00 a.m. to 5:00 p.m. every working day and that the duties being performed are not transferred to another department, I submit the following considerations. 1. A Part -Time City Clerk could only be expected to perform the duties mandated by State Law as listed in Attachment A-1. However, under the current arrangement, the City Clerk has the additional responsibility and authority for the direction and management of the other assigned functions of the office as well as the supervision of staff, which gives rise to organizational problems based on time availability. To avoid this situation, the City Clerk would have to only provide an oversight role of non -mandated duties similar to the role of the City Treasurer, and a new position would have to be created to direct, manage, and act independently in the other assigned functions, largely the records management function. The new position should be placed in the mid -management group reflecting the level of responsibilities listed in attachment A.II. 2. The duties of records management, supervision, budgeting, filing officer and other general duties assigned to the new position would call for a classification of Records Manager/Deputy City Clerk. The salary recommended below is comparable to the Police Records Manager in the Police Department and the Deputy City Clerk's average salary in a survey recently conducted by the Personnel Office (see attachment B). The classification of Administrative Secretary, the current classification of the incumbent, would no longer exist. ® Recycled Paper AN EQUAL OPPORTUNITY/CIVIL SERVICE EMPLOYER Book 79/Page 274 08/19/97 3. In order to keep the office open during business hours and to accomplish current workload, it is suggested that a career part-time employee be hired in the classification of Senior Office Assistant, the level appropriate to the clerical support duties in the records management functions. Those duties being incoming and outgoing, mail distribution, records duplication, typing, filing and providing routine information to the public. At least 6 hours per day from the Senior Office Assistant would be needed, covering the estimated 750 hours of absence of the Records Manager for lunch and breaks, vacation, sick leave, and other out of the office duties, and also to keep up with the workload of the office. This would increase to full-time to assist in the upgrade of the records management system sometime after a Records Manager is hired. Under these considerations, the personnel costs (salaries and benefits) would be: City Clerk - Part -Time $16,116/yr. Records Manager (Deputy City Clerk) $50,340/yr. Sr. Office Assistant $28,3751yr. Total $94,831 ADDITIONAL INFORMATION 1. The salary and benefit costs for the previous full-time City Clerk and Administrative Secretary (complete City Clerk staff) updated by recent increases is $93,1481year. 2. The 1997-98 budget which provides $64,952/yr. for salaries and benefits for the City Clerk's Office, includes .5 Senior Office Assistant. 3. The City Clerk has indicated that he will normally average 1.5 hours at the office during regular business hours in order to continue his primary outside employment. He will also continue to spend a considerable amount of time at Council meetings, CDC meetings, at election time, and after normal working hours and weekends performing his mandated duties. 4. The creation of a Records Manager position and the deletion of the Administrative Secretary position will cause the development of a job specification that will call for qualifications at a higher level than Administrative Secretary commensurate with the higher level of duties and responsibilities. If the current Administrative Secretary was interested in this position, she would have to compete according to the Civil Service Rules. RCD:vr Enclosures C:\MSWORD-CITYCLK.DOCNR • ATTACHMENT A Book 79/Page 275 08/19/97 DUTIES OF THE CITY CLERK'S OFFICE Under State Law, a City Clerk has specific duties as defined below: I. A. In accordance with Government Code Section 40801, the City Clerk SHALL KEEP AN ACCURATE RECORD OF THE PROCEEDING OF THE LEGISLATIVE BODY IN BOOKS BEARING APPROPRIATE 1ITLES WITH A COMPREHENSIVE GENERAL INDEX;. B. In accordance with Government Code Section 40806, the City Clerk SHALL KEEP A BOOK MARKED "ORDINANCES" AND RECORD IN IT ALL CITY ORDINANCES; C. In accordance with Government Code Section 40811, the City Clerk IS THE CUSTODIAN OF THE CITY SEAL; D. In accordance with Government Code Section 40814, the City Clerk may ADMINISTER OATHS AND CER11.1•Y DOCUMENTS. Over the years, the position of City Clerk in National City has evolved to include the following additional executive management duties: II. A. Records Management 1. Establish and maintain a computerized data base of City records. 2. Maintain public records of the City and serve as the custodian of those records; 3. Perform research. through City records as required; 4. Respond to requests for production of public records. B. Filing Officer 1. Serve as the Filing Officer for claims filed against the City. 2. Serve as the Filing Officer for all statements required under the Fair Political Practices Act (including filings of Councilmembers, Boards & Commission members and City Staff); 3. Serve as the Filing Officer for City contacts and agreements. C. Budget 1. Develop and recommend an annual budget for the department 2. Manage said budget. Page -2- Attachment A Duties of the City Clerk's Office Book 79/Page 276 08/19/97 D. General Duties 1. Respond to citizens' inquiries and refer inquiries to proper departments. 2. Process all incoming and outgoing mail for City Hall. 3. Receive and open bids for various departments. 4. Post and publish in a manner complying with the law, all notices of public hearing, meeting and legal advertisements. 5. Coordinate the codification and distribution of the National City Municipal Code. 6. Process all documents requiring recording with the County Recorder. 7. Process all resolutions and ordinances. 8. Act as Recording Secretary for the Community Development Commission, Finance Committee and Joint Powers Authority. 9. Post the Appointive List as required under Maddy Appointive List Act. 10. Conduct municipal elections, initiatives, referendums and recalls in accorthance with the laws of the State of California. 11. Supervise departmental staff. ATTACHMENT B Book 79/Page 277 08/19/97 DEPUTY CITY CLERK'S SURVEY AS OFJUNE 2,1991 SA RY MINIMUM:: Chula Vista Deputy City Clerk $2811 $3424 Coronado Intermediate Clerk Typist (Sworn in as Deputy City Clerk when City Clerk is absent] $1730 $2207 El Cajon Deputy City Clerk/Secretary $2734 $3332 la Mesa Deputy City Clerk $2477 $3014 Poway Assistant City Clerk $3240 $3956 Vista Assistant City Clerk $2828 $3436 AVERAGE $2638 $3228 NOTES: City of National City uses the classification of Administrative Secretary to perform Deputy City Clerk duties at a salary range: $2000 - $2431/mo. She has been receiving an extra 5% for assuming some of the duties of the City Clerk because of the part-time status of the City Clerk. CCSRVY.DOC-7 NCPO 06/02/97