Speaker 0: Item 38 is a report from Human Resources. Recommendation to receive and filed the fact finding report issued by the fact finding panel as part of the impact process and adopt resolution authorizing implementations of the terms of the city's last, best and final offer to the IAM. Regarding the Long Beach Civic Center Project City Cape.
Speaker 1: Mr. West or Mr. City Attorney, I'm not sure who's doing that. Mr. WEST.
Speaker 8: Yes, I'm going to introduce our H.R. director, Alex Vasquez, who's going to give this report with support from our legal counsel, Ed Moyes.
Speaker 1: Thanks.
Speaker 6: Honorable Mayor and members of city council.
Speaker 2: The city determined that.
Speaker 6: That substantial renovations were needed for.
Speaker 2: The new City Hall.
Speaker 6: Main Library and other public facilities. Given the substantial.
Speaker 2: Costs of renovating these city facilities. The city opted to explore private public partnership to finance.
Speaker 6: The.
Speaker 2: Construction of the new civic center. The city selected plenary as its development partner.
Speaker 6: During negotiations with plenary.
Speaker 2: The city learned that Plenary required a subcontractor to perform various security, maintenance and operational services, which are currently performed by city employees. The city had determined that this model was most cost effective to ensure that the city would.
Speaker 6: Obtain a building. In like new.
Speaker 2: Condition over the term of its use. As a result of this proposal.
Speaker 6: As I indicated, city employees would no longer perform these custodial.
Speaker 2: Maintenance of supplemental security work. When the new civic center would be completed in 2019, the city had engaged in the process with I and the management Labor representatives over the proposed positions that would be contracted out.
Speaker 6: The Long Beach Management Association bargaining unit.
Speaker 2: Did not object to the city's proposal. The city engaged in meet confer process with I am and negotiated in good faith. However, we were not able to reach an agreement with IAM over contracting out the 11.97 FTE Iam representing employees. We had been negotiating with IBM since September of 2015 over contracting out. This bargaining unit work. After several months of negotiations.
Speaker 6: And an exchange of proposals, the city and an.
Speaker 2: Imam are now at impasse. The city presented its last, best final offer to I am on February 17th. Upon I am's rejection of the city's last best final offer. The city declared impasse and provided a written notification to IAM on February 26.
Speaker 6: As part of the public.
Speaker 2: Sector negotiation process. Once the.
Speaker 6: Impasse has been declared, unions have the option.
Speaker 2: To request fact finding before an agency can impose its last, best final offer. AM did in fact request fact.
Speaker 6: Finding on March 22nd.
Speaker 2: And the fact finding hearing was held on April 15th.
Speaker 6: The fact finding report.
Speaker 2: Was issued on May 9th, and it's attached to the counsel letter in Exhibit B. The fact finding process is advisory only, and it's basically an extension of the mean confer process and the fact finder attempts to assist the parties to reach a compromise. The Council retains the ability to make a final decision on the contracting out decision.
Speaker 6: And as such, the City Council is not obligated to accept or reject, but simply consider the recommendations.
Speaker 2: Its staff's recommendation that the Council receive and file the Fact Finders Families Panel's report and adopt a resolution authorizing the implementation of the terms of the city's last best final offer. In summary, the fact finder.
Speaker 6: Found that the city should.
Speaker 2: Move forward or recommend that the city move forward with contracting out certain positions.
Speaker 6: Specifically the.
Speaker 2: Building maintenance, the building services supervisor, the facilities administration management positions.
Speaker 6: And the fact finder also found that the city should not contract out the.
Speaker 2: Maintenance assistance, which is the custodial.
Speaker 6: Positions, and instead that the city should.
Speaker 2: Enter an agreement with.
Speaker 6: The union over allowing a.
Speaker 2: Contractor employee supervise and manage the city. Unionized employees. In addition, the fact finder also recommended that the city should.
Speaker 6: Not contract out the additional security positions. As we've indicated.
Speaker 2: Staff is recommending that the city council. Impose its last, best final offer. And basically the terms of the last, best final offer.
Speaker 6: Include the following basically a city commitment to continue to meet the mean confer process over any unforeseen impacts. And continue.
Speaker 2: To confer process.
Speaker 6: Prior to the occupancy in 2019 that the city would.
Speaker 2: Contract out the 11.97 FTE.
Speaker 6: And the positions would be restored back upon.
Speaker 2: Hand, back of the Civic Center, that no employees would be laid.
Speaker 6: Off or there would be no reduction in classification hours.
Speaker 2: Or pay for those employees that are impacted.
Speaker 6: And that the city would.
Speaker 2: Agree to preserve the existing security services and only contract out two additional security positions that would provide.
Speaker 6: Supplemental security work. The city had asked that we also have a provision. And that indicates that the city agrees not to contract out any other.
Speaker 2: I am represented bargaining unit work and that the city would take an action to effectuate these provisions.
Speaker 6: At this point, if there's any questions, we'd be happy to answer any questions.
Speaker 2: What we're recommending is, again, that the counsel received and filed a fact finding report and adopt a resolution authorizing the implementation of the last, best final offer.
Speaker 8: Mayor Councilmembers. I just want to reiterate the recommendation that our H.R. director just gave. I do want to point out to you that our initial compromise some time ago was to take the six security officers that we're proposing a contract out and not contract them out. We put that on the table and did that quite some time ago at a cost of about $450,000 a year to the city. In addition to that, we have made adamant. We've plans that no employees are going to be laid off, lose hours, lose classification. So that's in there. And the city council has been on record saying that as well as the city manager and H.R. team. So with that, we recommend you receive and file the Fact Finders report and adopt the resolution. Thank you very much.
Speaker 1: Okay. There's a motion in a second. Public comment, please.
Speaker 12: Good evening. The city manager is taking the city further down the wrong path. Remember that the city manager instructed staff to delay bargaining with the and the city had been preparing for a civic center project for years, but the city manager only reached out to the imam at the 11th hour, leaving no time to address differences through the meet and confer process. Remember that the same city manager advised this council to approve the project agreement on December 15th, 2015 that resulted in an unfair practice charge being filed against the city. Remember that the city manager executed the project agreement before the Fact Finders report was issued. That also resulted in yet another unfair practice charge being filed against the city. And tonight, the city manager asks you again to completely disregard the recommendations of the only neutral party to review the city's plans for the Civic Center project. The Neutral Fact Finder confirmed that what I've been reporting to you in this forum and through numerous letters and emails for well over six months, the Imam has been telling you all along to look after the welfare of your employees specifically. The fact finder found that the city should provide all custodial and all security services at the Civic Center. This is what the fact finder concluded after hearing Mr. Mike Conway testify for hours. In the final analysis, the neutral fact finder did not find credible. What the city manager has been telling you all along. I'm here to request two things. One, to direct the city to further meet and confer over the contracting out of the additional security work. The fact finder recommendation that all security be performed by the city employees is a reasonable one to to table this agenda item until probe has heard the imam's challenges to the decertification elections. As you may know, the imam has filed a request for injunctive relief and upwards of eight perp charges concerning the decertification elections. If the imam prevails that these certifications will either be dismissed or the elections will be rerun on May 24th of 2016. A letter submitted by H.R. Director Vasquez to the Council contains several important allies. They include that Mr. Vasquez wants you to believe that the plenary edge. Moore has insisted that it provide custodial maintenance and security services to the new civic center. However, it is the city that sort out the contracting work from the beginning, which is clear from the original RFP. Ms.. Basquiat states that employees shall not experience a reduction in hours, positions, duties or or compensation as a result of the Civic Center Project Agreement. The city attorney, Irma Rodriguez Meuser, however, confirmed that the city has never made such a guarantee. The city's lba pho only promises to protect the displaced employees specifically assigned to City Hall. It does not protect other employees who will be inevitably be displaced as a result of the reassignment of City Hall employees. Mr..
Speaker 1: SUAREZ I'm going to let you actually continue because I think it's important that you finish even though the 3 minutes are up, so. Mr. MAYS I'm going to let him finish. Okay.
Speaker 12: Thank you. I appreciate that, Mayor. Ms.. Basco stated that the AMM initially agreed to the city's proposal to contract out bargaining work unit. This is not true, and Ms.. Basquiat is well aware of that. And in closing, I'd just like to add that the city's course of conduct shows that it has no respect for its employees and their union. The and the city repeated illegal conduct in this matter is union busting, pure and simple. Union busting is morally repugnant and physically fiscally irresponsible, as evidenced by the fees paid to crony law firms and legal judgments against the city. Remember, history is replete with examples of good people who failed to speak against evil with catastrophic results. Please speak out against the injustice that's being repeated against the humble public servants, the employees of Long Beach. Thank you for your time, and I hope you've heard me too, this evening.
Speaker 1: Thank you, sir. Can we have a any other public comment? Larry, could you?
Speaker 8: What the previous Larry Good to cook has addressed. What the previous speaker has just intoned is goes to the issue, which I have long maintained. This City Council should take the requisite action. To dismiss the city manager. Take a vote of no confidence of the mayor and appoint a federal master to oversee the city until a new election is held. Thank you.
Speaker 1: Thank you, Mr. Goodhew. And the other public comment. Seeing numbers in motion and a second on the recommendation put out by staff members. Please go ahead and cast your vote.
Speaker 0: Vice Mayor Lowenthal. Councilman Austin. Motion carries.
Speaker 1: Back to the regular agenda item 16. Sorry. I'm 50.
Recommendation to receive and file the Factfinding Report issued by the Factfinding Panel as part of the impasse process; and 

Adopt resolution authorizing implementation of the terms of the City's last, best and final offer to the International Association of Machinists and Aerospace Workers regarding the Long Beach Civic Center Project, pursuant to Government Code Section 3505.4.  (Citywide)