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HomeMy WebLinkAbout02-07-2011 Jt. Reg Mtg CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris Council Members: Virginia Marquez Jason Desjardins Tobin Brinker Fred Shorett Chas Kelley Rikke Van Johnson Wendy McCammack MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING FEBRUARY 7, 20ll COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor Pro Tern Brinker at 1:38 p.m., Monday, February 7, 20ll, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Present: Mayor Pro Tempore Brinker; Council Members/Commissioners Marquez, Shorett, Kelley, Johnson, McCammack; City Attorney Penman; City Manager McNeely; City Clerk Clark. Absent: Mayor/Chairman Morris; Council Member/Commissioner Desjardins. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - eXlstmg litigation - pursuant to Government Code Section 54956.9(a): Estate of Terry Nash, et al. v. City of San Bernardino - U.S. District Court, Case No. CV 09-08671 RGK (FFMx); Mary Gomez v. Southern California ReJiional Rail Authority, et al. - San Bernardino Superior Court, Case No. C1VSS 804560; 02/07/2011 Michael Desrochers and Steve Lowes v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIYSS 708637; Steve Lowes v. City of San Bernardino, et al. - United States District Court for the Central District of California, Case No. EDCY09-22I5 YAP; Watson, et al. v. City of San Bernardino, et al. - San Bernardino County Superior Court, Case No. CIYSS 807970. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9: Inland Communities Corp. v. City of San Bernardino (Paradise Hills) American Traffic Solutions v. City of San Bernardino C. Conference with legal counsel - anticipated litigation - ImtIatIon of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: People v. Carrington Mortgage City of San Bernardino v. California State University D. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6: Fire Safety G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. City Attorney Penman announced that the following additional cases would be discussed in closed session: 2 02/0712011 Under Agenda Item No. lA, existing litigation: Edward King & Aja Jaeger v. City of San Bernardino, Officer Adam Affrunti, Officer Elizabeth Contreras - United States District Court, Case No. 09-01339; Arnold Herrera v. City of San Bernardino, Travis Walker, Robert Young, Jesus Vega, Kimberly Hernandez and Officer Reid - United States District Court, Case No. EDCV 11-00204 V AP(OPx). Under Agenda Item No. IB, significant exposure to litigation: KCBS v. City Reading of Resolutions & Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Invocation/Pledge of Allegiance The invocation was given by Reverend Fred Adams of The Rock Church. The pledge of allegiance was led by Julia Fuentes, a sixth grade student from Hillside University Demonstration School. 2. Appointments There were no Commission appointments. 3. Proclamations & Presentations Mayor Pro Tern Brinker presented a proclamation designating the month of February as American Heart Month to Julie Thomas of the American Heart Association. Mayor Pro Tern Brinker was joined by Kevin Hawkins, Director of Parks, Recreation, and Community Services, and City of Highland's Mayor Pro Tern Penny Lilburn, who is director of the Highland Senior Center, in recognizing Ivan "Ike" Hays, Louise Lorenzen, and Marge Booth for the many, many hours of volunteer services they have provided to the Center. Council Member Rikke Van Johnson presented a framed certificate and paid tribute to each member of the San Bernardino Valley College Women's Soccer Team, who recently won the 2010 California State Championship. 3 02/07/2011 4. Announcements Announcements were made by the Mayor Pro Tern, members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding various civic, community, and chamber events and activities. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission, be waived. The motion carried with Desjardins absent. 6. Claims & Payroll Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated January 31, 2011, from Barbara Pachon, Director of Finance, be approved. The motion carried with Desjardins absent. 7. Personnel Actions Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that the personnel actions, as submitted by the Chief Examiner, dated February 3, 2011, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. The motion carried with Desjardins absent. 8. Resolutions authorizing the execution of agreements to jointly fund Federal and State representation services by and between the City of San Bernardino, City of San Bernardino Water Department, and the Economic Development Agency; and resolutions authorizing the City Manager to execute services agreements with Innovative Federal Strategies, LLC, and Platinum Advisors RES. 2011-19 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement to jointly fund the consulting services of Platinum Advisors and Innovative Federal Strategies by and between the City of San Bernardino, the Board of Water Commissioners of the City of San Bernardino, and the Community Development Commission of the City of San Bernardino. (8A) 4 02/07/2011 RES. CDC/2011-3 - Resolution of the Community Development Commission of the City of San Bernardino authorizing the execution of an agreement to jointly fund the consulting services of Platinum Advisors and Innovative Federal Strategies hy and between the City of San Bernardino, the Board of Water Commissioners of the City of San Bernardino, and the Community Development Commission of the City of San Bernardino. (8B) RES. 2011-20 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Service Agreement with Platinum Advisors for state representation services. (8C) RES. 2011-21 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Service Agreement with Innovative Federal Strategies, LLC for federal representation services. (8D) Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that said resolutions be adopted. Mayor and Common Council Resolution Nos. 2011-19, 2011-20, and 2011-21 and Community Development Commission Resolution No. CDC/2011-3 were adopted with Desjardins absent. 9. The terms and conditions of Police Chief Keith Kilmer's employment contract included a provision to provide $5,000 in moving expense costs as long as he moved to, and continued to reside in, San Bernardino Prior to announcements and consideration of the agenda, Mayor Pro Tern Brinker advised that Agenda Item No. 9 was not an actionable item-that it should have been handled by the City Manager and should never have been placed on the agenda. City Manager McNeely stated that he had spoken with Chief Kilmer about this particular issue and the Chief had stated that he would comply with the contract and would repay the $5,000 to the City. However, having met with Human Resources and the Chief, he found there were other issues related to this contract, and he would be meeting with the Chief and the City Attorney's office regarding these issues and would report back to the Mayor and Council on his findings and what action he will take. Regarding the comment allegedly made by the Chief to a member of his staff that it was unsafe in San Bernardino, Mr. McNeely reported that the person who supposedly said this has stated that the Chief never made such a statement. 5 02107/2011 Council Member/Commissioner McCammack contended that in a briefing of the rank and file, the Chief stated that he doesn't know how much longer he can adequately protect the officers' safety. She stated that the Mayor and Council really need to consider if resources for the Police Department are satisfactory. No formal action was taken on this matter. 10. ORD. MC-1345 - An ordinance of the City of San Bernardino amending Chapter 19.06, Commercial Districts, Section 19.06.030(2)(F)(4) of the San Bernardino Municipal Code (Development Code) to modify location criteria for convenience stores. FINAL READING (Continued from January 24, 2011) Council Member/Commissioner McCammack stated she would be voting "no" because there are too many alcoholic establishments in San Bernardino. Council Member/Commissioner Johnson advised that he would be voting "no" because he thinks it is too close to a school. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Marquez, that said ordinance be adopted. Ordinance No. MC-1345 was adopted with Johnson and McCammack voting "no" and Desjardins absent. 11. Resolutions of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute Service Agreements with San Bernardino/Riverside Catholic Charities and San Bernardino National Forest Association Urban Youth Conservation Corps, for the California Gang Reduction, Intervention, and Prevention (CALGRIP) Grant RES. 2011-26 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Service Agreement with the San Bernardino National Forest Association and issue a purchase order in the amount of $211,000 for CALGRIP Services. (11 A) RES. 2011-27 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Service Agreement with the San Bernardino/Riverside Catholic Charities and issue a purchase order in the amount of $125,000 for CALGRIP Services. (lIB) Council Member/Commissioner McCammack declared a conflict on this item. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Marquez, that said resolutions A and B, be adopted. 6 02/07/2011 Resolution Nos. 2011-26 and 2011-27 were adopted with McCammack abstaining and Desjardins absent. 12. Resolution of the City of San Bernardino authorizing the purchase of a Managed Power Solution for the City of San Bernardino Police Department's Headquarters facility from Odyssey Power Corp., of Anaheim, California. Note: No resolution was distributed with the backup materials. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that the matter be continued to the Council/Commission meeting of February 22, 2011. The motion carried with Desjardins absent. 13. RES. 2011-28 - Resolution of the City of San Bernardino preliminarily determining that the public convenience and necessity require the amending of Assessment District No. 1055 located in the Pine Avenue and Redwood Street Area without compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931; declaring its intention to proceed to amend the work previously ordered within the district, preliminarily approving the Amended Engineer's Report and giving notice of a public hearing. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Shorett, that the Director of Public Works and the City Clerk be authorized to proceed under SBMC 12.90, with the proposed Amendment of Assessment District No. 1055 - Pine Avenue and Redwood Street Area Landscape, Storm Drain Catch Basins and Sewer Lift Station Maintenance Assessment District (Tentative Tract No. 17716); and that said resolution be adopted. The motion carried and Resolution No. 2011-28 was adopted with Desjardins absent. 14. RES. 2011-22 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with AEI- CASC Consulting for preliminary engineering services (Phase 1) of Del Rosa Drive Widening and amend the FY 2010/11-2014/15 Capital Improvement Program (CIP) and FY 2010/11 budget to add Project No. SSl1-017 "Del Rosa Drive Widening between 5th Street and 6th Street and between Upper Warm Creek and Baseline Street." 7 02/07/2011 Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that the Director of Public Works be authorized to amend the FY 2010/11 - 2014/15 Capital Improvement Program (CIP) to add Project No. SSl1-017 "Del Rosa Drive Widening between 5th Street and 6th Street and between Upper Warm Creek and Baseline Street;" that the Director of Finance be authorized to amend the FY 2010/11 budget to reflect the addition of Project No. SSl1-017 to the CIP with a budget amount of $38,000 funded by the Street Construction Fund (Fund 242), to be reimbursed by the IVDA; and that said resolution be adopted. The motion carried and Resolution No. 2011-22 was adopted with Desjardins absent. 15. RES. 2011-23 - Resolution of the City of San Bernardino authorizing execution of a cooperative agreement with the City of Highland for Rehabilitation of Boulder Avenue (SSI1-016) and Highland Avenue (SS08- 027). Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2011-23 was adopted with Desjardins absent. 16. RES. 2011-24 - Resolution of the City of San Bernardino authorizing the execution of a Second Amendment to the Lease Agreement with the YMCA of the East Valley to extend the term of the lease for one additional five year term on City owned property generally located at Perris Hill Park. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2011-24 was adopted with Desjardins absent. 17. RES. 2011-25 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the submittal of the application for Waste Tire Enforcement Grant Funds from the California Department of Resources Recycling and Recovery (CaIRecycle). Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2011-25 was adopted with Desjardins absent. 18. Receive and File - Annual Audit of the Water Department's Water and Sewer Utilities for the Fiscal Year ending June 30,2010 8 02/07/2011 Council Member/Conunissioner Shorett made a motion, seconded by Council Member/Conunissioner Johnson, that the Mayor and Council receive and file the Annual Audit of the Water Department's Water and Sewer Utilities for the Fiscal Year ending June 30, 2010. The motion carried with Desjardins absent. 19. Approval and implementation of SB Direct, a call center for the City of San Bernardino RES. 2011-29 - Resolution of the City of San Bernardino authorizing a Memorandum of Uuderstanding with the Board of Water Commissioners for financial support for a City call center. Heather Gray, Manager of Conununications, and Dio Shipp, Administrative Analyst, City Manager's office, gave a PowerPoint presentation and answered questions regarding the SB Direct Call Center. Council Member/Commissioner McCanunack expressed concern that the Economic Development Agency might not be able to provide long-term financial support for the center and questioned the legality of transferring funds from the San Bernardino Employment and Training Agency. Public Conunents Shirley Harlan, San Bernardino, CA. Council Member/Conunissioner Shorett made a motion, seconded by Council Member/Conunissioner Marquez, that the SB Direct Call Center be approved and that the City Manager be directed to implement the program; that the following actions be referred to the Personnel Conunittee for review: a) Establish three new classifications (seven positions) as listed in the staff report from Charles McNeely, City Manager, dated February 3, 2011; b) Delete six positions as listed on the staff report from Charles McNeely, City Manager, dated February 3, 2011; c) Authorize the Human Resources Director to update Resolutions 97-244 and 2008-033; that the Director of Finance be authorized to amend the FY 2010/11 budget to reflect the first year costs and funding sources for SB Direct and to incorporate the program and budget into the FY 2011/12 budget proposal as outlined in the staff report from Charles McNeely, City Manager, dated February 3, 2011; and that said resolution be adopted. The motion carried and Resolution No. 2011- 29 was adopted with McCammack voting "no" and Desjardins absent. 9 02/07/2011 20. Establish a Retirement Enhancement Program for Police Safety Employees Mark Garcia, Assistant Chief of Police, stated that this item was something that the Police Department put forward as a way to do some forward planning. He stated that by having this incentive program they can know by March 1 how many employees are planning to retire within the next six months, and it gives management an opportunity to save some of the new/younger positions from being laid off. There is also a savings of the benefit load of the individuals who retire and then stay on in a part-time position. He stated that ultimately it benefits the retiree, it benefits the younger officers, it benefits the department insofar as forward planning, and benefits the City by saving some money. Chief Garcia noted that with this plan, payout of accumulated benefits would be done in two payments-half at the time of retirement and the second half in January 2012. City Manager McNeely explained that what they are trying to do is avoid layoffs. He stated that the Chief and Human Resources believe there are a certain number of people eligible to retire and they have expressed in various ways an interest in retiring. However, that interest goes beyond June 30 of this year, so staff is hoping that by providing a bit of incentive that these employees will move forward with their plans now rather than later in order to save the department from having to layoff younger officers in the department. Council Member/Commissioner Marquez made a motion, seconded by Council Member/Commissioner Johnson, that the Retirement Enhancement Program for eligible Police Safety employees be approved; and that the City Manager be directed to implement the program. The motion carried with McCammack abstaining and Desjardins absent. COMMUNITY DEVELOPMENT COMMISSION Present: Mayor Pro Tempore Brinker; Council Members/Commissioners Marquez, Shorett, Kelley, Johnson, McCammack; Senior Assistant City Attorney Easland; Economic Development Agency Interim Executive Director Marzullo and Agency Counsel Sabo; City Clerk Clark. Absent: Mayor/Chairman Morris; Council Member/Commissioner Desjardins. R21. Public Hearing - Amendment to the 2010-2015 Five Year and 2010-2011 Annual Consolidated Plans and Reprogramming of $568,297 in Community Development Block Grant (CDBG) and $2,951,000 of the $4,079,269 in Un- programmed HOME Investment Partnership Act (HOME) Federal Funds (Continued from January 24, 2011) 10 02/07/2011 RES. 2011-30 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the amendment to the 2010-2015 Five Year and 2010-2011 Annual Consolidated Plans and reprogramming of $568,297 in Community Development Block Grant (CDBG) and $2,951,000 of the $4,079,269 in un-programmed HOME Investment Partnership Act (HOME) Federal Funds. The hearing remained open. Council Member/Commissioner McCammack stated she would abstain because several of the recipients are business clients. She left the Council Chambers and returned after the vote was taken. No public comments were received. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Marquez, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2011-30 was adopted with Kelley voting "no," McCammack abstaining, and Desjardins absent, R22. Joint Public Hearing - Relocation and Replacement Housing Plan - 19th Street and Sunrise Lane Project (the "Project") (Continued from January 24, 2011) RES. 2011-31 - Resolution of the Mayor and Common Council of the City of San Bernardino consenting to the approval and adoption of the Relocation Plan and Replacement Housing Plan for displaced residents of the 19th Street and Sunrise Lane Project. (R22A) RES. CDC/2011-4 - Resolution of the Community Development Commission of the City of San Bernardino approving and adopting the Relocation Plan and Replacement Housing Plan for displaced residents of the 19'h Street and Sunrise Lane Project. (R22B) The hearing remained open. No public comments were received. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Marquez, that the hearing be closed; and that said Resolutions A and B, be adopted. The motion carried and Mayor and Common Council Resolution No. 2011-31 and Community Development Commission Resolution No. CDC/2011-4 were adopted with Kelley and McCammack voting "no" and Desjardins absent. 11 02/07/2011 R23. Public Hearing - Neighborhood Stabilization Program 3 - Amendments to Consolidated Plan RES. 2011-32 - Resolution of the Mayor and Common Council of the City of San Bernardino, California, approving a Substantial Amendment to the Consolidated Annual Action Plan for Fiscal Year 2010-2011; and authorizing the City Manager or his designee to execute, on behalf of the City, after review and approval by the City Attorney, such documents as requested by the United States Department of Housing and Urban Development to effectuate the Supplemental Appropriation. Mayor Pro Tern Brinker opened the hearing. Economic Development Agency Interim Executive Director Marzullo advised that a replacement map (Attachment 2) was being entered into the record and distributed to those at the dais. He stated that the change was to designate Council Member/Commissioner Johnson's property for purposes of abstention. Mr. Marzullo explained that the NSP3 Program was an exact duplicate of the NSPl Program, and the Agency staff was looking forward to this allocation from the federal government which would enable them to continue to buy and replace foreclosed homes. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individual that he would provide true and honest testimony: Robert Jenkins, San Bernardino, CA, President of the Perris Hill Neighborhood Association, expressed support of the item. He asked the Mayor and Council to use the Neighborhood Stabilization Program 3 to help the seniors and to encourage home ownership-that the people want to see their neighborhoods reinvented-they do not want to see more low-income housing come into the city. He asked that they use these monies to bring property values up and help the Perris Hill area and the city as a whole. Council Member/Commissioner Marquez made a motion, seconded by Council Member/Commissioner Johnson, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2011-32 was adopted with Desjardins absent. Subsequently, Agency Counsel Sabo advised that City Attorney Penman had brought to his attention that the way they had drawn the 500 foot radius on the map could have the effect of excluding lower income people from being in proximity to Mr. Johnson. He asked that the Council reconsider Agenda Item 23 and take two votes-one would be to approve the item as presented without 12 02/07/2011 Attachment No.2. Mr. Johnson would then recuse himself, and then they could decide what to do on Attachment No.2, as originally presented, without the modification. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Shorett, that the Mayor and Council reconsider Agenda Item No. R23. The motion carried with Desjardins absent. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted approving the item as presented without Attachment 2. Resolution No. 2011-32 without Attachment 2 was adopted with Desjardins absent. Council Member/Commissioner Johnson left the Council Chambers, returning after the following vote was taken. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted approving the item as presented, including the original Attachment No.2, without the modification. Resolution No. 2011-32, including the original Attachment No.2, was adopted with Johnson abstaining and Desjardins absent. R24. Purchase of property located in the North Arden Guthrie Redevelopment Project Study Area by the Redevelopment Agency of the City of San Bernardino from Caltrans (IVDA Redevelopment Project Area) RES. CDC/2011-5 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute a Property Purchase Agreement by and between the Agency and Caltrans (lVDA Redevelopment Project Area). Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. CDC/2011-5 was adopted with Desjardins absent. R25. Robert Oppel - Contract Employment Agreement to provide professional construction management and related services for the Neighborhood Stabilization Program 13 02/07/2011 RES. CDC/2011-6 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute a Contract Employment Agreement by and between the Agency and Robert Oppel to provide Neighborhood Stabilization Program and other affordable housing professional services to the Agency. Council Member/Conunissioner Shorett made a motion, seconded by Council Member/Conunissioner McCammack, that said resolution be adopted. Resolution No. CDC/2011-6 was adopted with Desjardins absent. 26. Impasse Hearing - San Bernardino Fire Safety Employees Negotiations (Continued from February 2, 2011) Attorney Irma Rodriguez Moisa, who represents the City in this matter, advised that in April 2010 the Council was faced with information from the City's Director of Finance that in fiscal year 2010/11, if no changes were made, the City was facing a $24 million budget deficit. She added that these are unprecedented, challenging economic times for all of Southern California, for our public agencies, for the Inland Empire, and for the City of San Bernardino. Ms. Moisa stated that as a result of those reports, the Council adopted a budget for fiscal year 2010/11 that included an assumption and then a direction to staff to obtain salary/labor concessions from all represented bargaining units; and that has been done. She stated that all of the City's employees are participating in taking a salary cut. There is one unit where furloughs are being imposed, the other units have reached agreements, and all but one, the Fire Safety employees, have been sharing in this difficult economic time. She stated that when the City retained her in late April, early May, she asked the Fire Safety employees if they would agree to extend the concession agreements that they had previously, and they did not. As a result, as of July 1, 2010, they have had no labor cuts or concessions imposed or agreed to by them. Fire Safety and the City have engaged in eight separate meetings with the City exchanging and providing seven different proposals. The bargaining unit fundamentally has shared that they disagree with the City's need for concessions. The reason there is an impasse with the Fire Safety employees is that they do not believe the financial condition of the City as presented by staff. They have also shared that they are unwilling to make any labor concessions because they don't believe that the City needs those concessions. 14 02/07/2011 Ms. Moisa stated that at their last session in December, after the City made an offer to engage a third party mediator, which they refused, they sat down again and went over proposals because she was expecting a response to the City's Last, Best, and Final. She stated that she thought that meeting was in part reflective of how difficult it has been to reach agreement here. The Fire Safety unit withdrew all of their prior concession items, and instead requested particular cost items. At that point in time, in December, she did declare impasse on behalf of the City, and they have met since then to try to see if there is resolution to this impasse. In late January 2011, the Fire Safety employees have shared that they are not interested in talking about the labor budget concessions that the City has been requesting. Therefore, she was here to recommend to the Council that they consider adopting the Last, Best, and Final offer that was sent to the Fire Safety Unit on January 25, 2011, which did contain a couple of clarifications. Attorney Glave, representing the Fire Safety unit, stated that the San Bernardino City Professional Firefighters maintain their request to resolve this impasse through the provisions set forth in the employer/employee resolution policy; specifically, utilizing the services of the State Reconciliation and Mediation Services. Mr. Glave stated that if, as it appears, the City Council simply wants to bypass any neutral, unbiased and noninvolved mediation assistance and rush to implement their own proposal, then they respectfully request the City Council simply do so without their participation. While the union disagrees with many other claimed facts included in the City packet of misinformation, they will not address each point; however, do not consider this silence as agreeing with the information. Mr. Glave stated that he would like to clarify a couple points. They have previously made a number of proposals that included over a million dollars in salary and benefit concessions; however, the City Council, rejected these. The Fire Safety Unit's proposals and its positions have not changed since the point of impasse. Mr. Glave stated that the process the Council is mandating will be nothing more than a rubberstamp of the proposals already rejected. He stated that they were asking simply that mediation be used. They remain open and willing to participate in a fair impasse resolution process, which includes an outside, impartial reviewer, but will not participate in a process of review by the same elected officials who have directed and control the process up to this point. 15 02/07/2011 Ms. Moisa stated that there was a request for mediation and Mr. Glave didn't respond and didn't participate at all in that request. She did contact the State Mediation Conciliation Service in an attempt to schedule a mediation on November 15, which was a date that they were scheduled to bargain. Ms. Moisa stated that it was up to the Council if they wanted to send this to mediation. She would leave that in their sound judgment. She stated that based on her experience, she thought that fundamentally they have a disagreement with the Fire Safety Employee Unit. The Fire Safety Unit does not believe that the City needs the salary concession that it has asked of all other employees. Council Member/Commissioner Shorett stated that he has not done a lot of this type of negotiations in his lifetime, and he asked Ms. Moisa if she felt seven and a half months was a reasonable amount of time to take in order to come to some sort of an agreement, or did it seem excessive. He also asked whether somewhere along the line the Fire Safety unit had officially rejected mediation- either verbally to Ms. Moisa or in writing. Ms. Moisa answered that they did tell the City's negotiating team in person, at a meeting, that they did not want mediation. With respect to a seven and a half month bargaining history, she stated that in these unprecedented economic times, seven and a half months is a long time. Ms. Moisa stated that we have sat and listened to their proposals and have incorporated some of their proposals as part of the Last, Best, and Final because we are trying to ultimately reach the goal that we can balance the City's budget as best we can in the direction that we've been given. Mayor Pro Tern Brinker stated that they were dealing with one specific bargaining group here, but they have other bargaining groups that did come to the table and have been giving up a substantial amount since July. He asked Ms. Moisa what her thoughts were on the impact of one group holding out like this and how that affects the City in its ability to negotiate and deal with other bargaining units. Ms. Moisa stated that it absolutely impacts their credibility as a Council and as policymakers. If it is perceived as rewarding the last group who holds out, it impacts your credibility. If it's perceived as wait out longer than you can because maybe magically there will be some money found, it impacts your credibility. It impacts your credibility because it's the message we have given all of your employees. All of your employees have heard this call to action, this call for the sharing of our current budget crisis. 16 02/07/2011 Regarding the financial impact, Director of Finance Pachon advised that they balanced this year's budget, which was approved by Council, with these concessions. If they ultimately don't vote on them and implement them, they are going to have to find the money someplace else, which at this point is additional cuts. Mayor Pro Tern Brinker stated that he had heard that other departments were being asked to withhold spending decisions based on the outcome of this, because they weren't sure what the resolution was going to be, and so it has impacted their ability to operate because they have been waiting to see how this is resolved. Ms. Pachon stated that she has not told any other departments specifically to hold back and not spend. Finance always tells departments that even though they have their budget approved to not spend it, don't buy something if you don't need it, etc. Council Member/Commissioner Marquez stated that she had read the backup material and it really spells out from start to finish what has gone on. She stated that she thought they had been very patient-they've gone above and beyond to accommodate them. She stated that seven months is a long time and she wanted to do the right thing for the right reasons. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Marquez, that in accordance with Resolution No. 10584, effective February 7, 2011, the City will unilaterally implement the Last, Best & Final offer dated January 25, 2011. (Note: Vote taken following additional comments.) Council Member/Commissioner Johnson asked how many employee unions there are in the City. Director of Human Resources Livingston answered that there are seven. Mr. Johnson asked when agreement was reached with the last employee unit prior to today. Ms. Livingston answered that the date was September 1,2010. Council Member/Commissioner McCarnmack asked Mr. Shorett to repeat the date in his motion of the Last, Best, & Final. He answered January 25, 2011. The motion made by Council Member/Commissioner Shorett, seconded by Council Member/Commissioner Marquez, carried with Kelley and McCammack voting "no" and Desjardins absent. 17 02/07/2011 27 . Public Comments Brenda Standifer, San Bernardino, CA, spoke regarding public safety in San Bernardino, stating that the police are killing off people in the connnunity. She stated that her son was handcuffed, beaten, tazed and shot to death for no apparent reason and she was going to fight-that the City Manager, Mayor, and Chief of Police are condoning this behavior. Jim Smith, San Bernardino, CA, stated that the Mayor Pro Tern had made a important decision to pull Agenda Item No.9, as it did not belong on the agenda; spoke in support of the call center; and stated that the city is fortunate to have Chief Kilmer and he needs the backing of The Sun newspaper and the Connnon Council. 28. Adjournment At 6:55 p.m. the meeting adjourned. The next joint regular meeting of the Mayor and Connnon Council and Connnunity Development Connnission is scheduled for 1:30 p.m., Tuesday, February 22,2011. By: RACHEL G. CLARK City Clerk ~-4/ Z. (/41 Linda E. Hartzel Deputy City Clerk 18 02/07/2011