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1995-02-01 ARRA Special Minutes MINUTES OF THE SPECIAL MEETING OF THE ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY Wednesday, February 1, 1995 6:00 p.m. I. ROLL CALL: Present: Mayor Ralph Appezzato, City of Alameda; Councilman "Lil" Arnerich, City of Alameda; Mayor Ellen Corbett, City of San Leandro, Councilmember Albert DeWitt, City of Alameda; Wilma Chan, Alameda County Board of Supervisors, District 3; Councilmember Karin Lucas, City of Alameda; Vice-Mayor Charles Mannix, City of Alameda; Vice-Chair Sandré Swanson, District Director, 9th Congressional District; Alternate Roberta Brooks, Senior Staff Member, 9th Congressional District; Ex-officio Member Lee Perez, Chair, Base Reuse Advisory Group; Absent: Ex-officio Member, Gail Greely, Alameda Unified School District; Councilmember Dezie Woods-Jones, City of Oakland. (Vice-Chair Swanson arrived at 6:05 p.m.) II. AGENDA ITEMS: A. Report (and action, if necessary) Regarding the Status of Benefits to the Staff of the Alameda Reuse and Redevelopment Authority. Interim Executive Director reported that the benefits for the Base Conversion/ARRA Staff are authorized at a rate of 30% by OEA. This authorization for 30% benefits was offered to the employees in a cafeteria style benefits plan. Because of the closing of the OEA grant through the EBCRC for fiscal year 1993-94, it is necessary to resolve the issue of benefits immediately. Per the benefits package outlined by the Personnel Department and the calculations of benefits received, it was noted that the ARRA staff members were not able to collect their full 30% in benefits. Mr. Louk added that a similar resolution was reached by the employees of the EBCRC and their fiscal agent, Alameda County, resulting in a cash pay-out to employees of benefits not available for collection due to local practices. Mr. Louk stated that the monies to cover the 30% benefits were available through the OEA/ARRA approved budget, resulting in no expense to the City of Alameda. The Personnel Director from the City of Alameda, Elizebeth Kingsley, stated that she would like to add a different perspective on the issue. She stated that the staff of the ARRA began to be hired in the Fall of 1993. At the time the staff was hired, two things happened: (1) early on staff didn't want to have benefits in the normal sense of the word because of their individual circumstances (i.e.,a retiree from the military having health benefits from other sources, etc.) instead, they wanted salary to be maximized. When the City classified the positions, did the recruitments, and set the salaries, that was taken into consideration when compared to like positions in the City. (2) As the small group of individuals (5 ARRA staff positions) are funded from two different sources with different sets of rules, (i.e., federal government, the County of Alameda and the City of Alameda) trying to balance all the rules created a two headed animal. She stated that she felt now that the staff has reconsidered their positions, and that they would like to be more on a "basic" approach with benefits similar and/or equal to the City. She stated that she would be willing to do this. She added that she had not been informed of this request until late the previous day, and recommended to the Authority that she be requested to report back to the Authority with options or other alternatives of providing benefits to the staff. Chair Appezzato stated that he liked this idea, and requested Mrs. Kingsley come back to the Authority after meeting with staff and developing various options. Vice-Chair Swanson stated that one of the reasons that he raised this issue some time ago was that these programs' budgets, (i.e. the work the staff of the EBCRC and ARRA is doing), call for 30% in a benefits package, and that he is very concerned that people who are working in projects which have a projected end-date receive the maximum amount of benefits. Since these funds would go back to the federal government if unused, there is no rational reason, if it was not inconsistent with local practice, for an employee to receive the full value of their benefit package. It was the thing to do given the work load, and everyone has to admit, that this small group of people are doing a tremendous amount of work. With the EBCRC, as they ended the grant year, there were unused benefits and as it was permissible, they cashed out, which is Option #2 on the staff Report to the Authority; "All or a portion of the unused benefit monies could be made available to the employee through deferred comp and/or cash payment". The EBCRC chose a cash payment with its unused benefit funds. He stated that he felt that there wasn't any advantage to not try and provide the full package. Because of the closing date of the grant, Vice-Chair Swanson recommended that for this first grant cycle, that the remaining benefit values be cashed out, and then have the Personnel Department and the staff look at the next funding cycle to see if there are any adjustments that need to be made for the next fiscal year. He concluded by stating that it is appropriate for the Authority to determine what the permanent relationship might be with the staff of the ARRA, whether it is this solution (cash-out) or another combination of benefits for future budgets. He stated that he felt the cash out option is the best: giving the staff at least the opportunity to invest that money in a retirement fund; would speak to the principle of 30% staff receiving the full benefits; and would not be any additional cost to the program. In summary, he recommended that for the first grant period, the Authority vote for Option #2 (cash out), and then staff and the Personnel Department can meet to develop the most agreeable approach for the next grant fiscal year. Mr. Louk reported that the first grant period ended October 31, 1994, and that it was in the process of being closed so that this item needed to be acted on immediately. He stated that 2 there would be no expense to the City of Alameda, and added that all benefits are provided by the grant from the Office of Economic Adjustment. Councilman Arnerich asked Mrs. Kingsley to verify the fact that when the staff was hired, that several or all of them, opted to not take benefits, because of their particular situation. Mrs. Kingsley agreed that was true. He asked whether, as a result of that, instead of taking the benefits to pay for medical that they were getting somewhere else, more money was added into their salary. Mrs. Kingsley stated that salaries were higher than they might have had, had they been hired in the same position in the City. Councilman Arnerich then stated that he supported the recommendation that the issue be brought back to the ARRA for further discussions. Vice-Chair Swanson stated that there are two amounts of money for staff members: one does not affect the other and the benefit package is the benefit package. Interim Executive Director Dave Louk stated that the positions for the two employees on the bottom of the Benefit Balance Sheet do not get any paid vacation or holidays as their salaries when hired were more than the money the EBCRC had allocated for these positions so benefit money was used to pay the difference in their salaries. The part of the ARRA funds which would cover these expenses is listed on the sheet. For the staff members on the top of the sheet, for example, himself, when hired the office had not yet been approved for funding by the Office of Economic Adjustment, and when hired staff was being told by the Personnel Department, "You are a temporary employee, you don't come under City benefit packages". He in turn negotiated a salary with Don Parker, which was obviously approved by the City Manager and Personnel Director. He understood that, at that time, there were no benefits. Subsequently, when OEA granted funds to the ARRA, OEA designated the amounts that certain positions would be funded at, and on top of that, there was a 30% benefit package afforded to these positions. These funds all come from the OEA grant. In summary, he stated that OEA has authorized the 30% benefit package (based on the ceiling amount allowable for each position), the staff does not currently get this total value amount, and if it is not used for benefits, it will revert back to the Office of Economic Adjustment. He added that these positions are not permanent full time civil service positions and there is no tenure for the ARRA staff positions. Personnel Director Elizebeth Kingsley stated that she felt there was an honest misunderstanding, and that possibly the manner in which to deal with the problem was to proceed with the suggestion made for the grant year being closed (1993-94), and then come up with a very clear-cut understanding for the current fiscal year. She recommended to the Authority that the grant period currently concluded be cleared up and paid out for the one year (Option #2), then bring back to the Authority the proposal for the current budget. Vice-Chair Swanson moved that the Authority accept Option #2, "All or a portion of the unused benefit monies could be made available to the employee 3 through a cash payment", for the first concluding fiscal year and for the next fiscal year, staff and the Personnel Department negotiate how the total 30% benefit package will be distributed for the current fiscal year. He added that part of the problem is growing pains as new staff transition in, and felt that this solution was the best, so that the monies will not be sent back to the federal government. The motion was seconded by Councilmember DeWitt and carried by a unanimous voice vote. Vice-Mayor Mannix stated that he hoped, that in the future, these types of discussions occur initially with the hiring authority rather than be brought to a public meeting. B. Report from the Chair Requesting Authorization from the ARRA to Communicate with the Assistant Secretary of Defense for Economic Security Requesting Consideration of the Development of a Federal Loan Program to be Utilized for the Implementation of the NAS Alameda Final Community Reuse Plan. After a report by Chair Appezzato regarding the Mayor's Conference in Washington, D.C. and the idea presented to the President regarding federal loan programs for base closures, he requested that the title of the action be amended to read "communicate with the President of the United States" rather than "communicate with the Assistant Secretary of Defense for Economic Security". A motion was made by Mayor Corbett to accept the recommendation to communicate with the President in the form of a letter to be written by staff, Mayor Appezzato and Mayor Corbett. The motion was seconded by Councilmember DeWitt and carried by a unanimous voice vote. III. ORAL COMMUNICATIONS, NON-AGENDA (PUBLIC COMMENT) (Any person may address the Governing Body in regard to any matter over which the Governing Body has jurisdiction or of which it may take cognizance, that is not on the agenda.) There were no speakers for this item. IV. COMMUNICATIONS FROM GOVERNING BODY: There were no communications from the Governing Body. V. ADJOURNMENT: The meeting was adjourned at 8:45 p.m. Respectfully submitted, Elizabeth Brydon Secretary 4