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Home My WebLink About08-07-2014 Jt. Adj Reg Mtg Minutes City of San Bernardino Mayor R. Carey Davis 300 North "D" Street Council Members r o San Bernardino CA 92418 Virginia Marquez Benito Barrios http://www.sbcity.org John Valdivia Fred Shorett -D v Henry Nickel Rikke Johnson James L. Mulvihill MINUTES JOINT ADJOURNED REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY AND MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY THURSDAY, AUGUST 7, 2014 COUNCIL CHAMBER The Joint Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor R. Carey Davis at 6:04 p.m., Thursday, August 7, 2014, in the Council Chamber of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Attendee Name Title Status Arrived Virginia Marquez Council Member,Ward 1 Present 6:00 p.m. Benito J. Barrios Council Member, Ward 2 Present 6:00 p.m. John Valdivia Council Member, Ward 3 Present 6:00 p.m. Fred Shorett Council Member, Ward 4 Present 6:00 p.m. Henry Nickel Council Member, Ward 5 Present 6:00 p.m. Rikke Johnson Council Member, Ward 6 Present 6:00 p.m. James Mulvihill Council Member, Ward 7 Present 6:00 p.m. R. Carey Davis Mayor Present 6:00 m. . Georgeann "Gig? Hanna City Clerk Present __F 6:00 p.m. Allen Parker City Manager Present— 6:00 p.m. Gary D. Saenz City Attorney Present 6:00 p.m. Mayor and Common Council of the City ofSan Bernardino Pagel Printed 812112014 Joint Adjourned Regular Meeting Minutes August 7, 2014 1. Closed Session — Pursuant to Government Code Sections(s): A. Conference with legal counsel - existing litigation -pursuant to Government Code Section 54956.9(a): In re: City of San Bernardino - U.S. Bankruptcy Court, Case No. 6:12-bk-28006 mi. 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. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. 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. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. Reading of Resolutions and Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the agenda. Pledge of Allegiance The Pledge of Allegiance was led by Council Member Johnson. 2. Staff Reports 2A. City Attorney Resolution of the Mayor and Common Council of the City of San Bernardino Proposing an Amendment to the Charter of Said City Relating to Safety Personnel Salaries and Civil Service Discharge or Reduction of Compensation; and Resolution of the Mayor and Common Council of the City of San Bernardino Calling a Special Municipal Election on a Proposed Charter Amendment Relating to Safety Personnel Salaries and Civil Service Discharge or Reduction of Compensation and Requesting that Said City of San Bernardino's Special Municipal Election be Consolidated with the November 4, 2014 Statewide General Election Conducted by the County of San Bernardino. Motion: Combine Agenda Item Nos. 2A, 213, and 2C for the purpose of discussion. Mayor and Common Council of the City of San Bernardino Page 2 Printed 812112014 Joint Adjourned Regular Meeting Minutes August 7, 2014 ............ ____ —_ _ RESULT: ADOPTED [UNANIMOUS] 00:06:02 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill Public Comments: Dennis Baxter, San Bernardino, spoke in favor of keeping the number of items on the November ballot to three or fewer. Kathryn Ervin, Highland, representative for the San Bernardino League of Women Voters, spoke about the need to simplify the Charter with provisions that enable the Mayor and the Council to deal with City problems efficiently and with responsibilities and authority clearly defined. She stated that it was probably a good idea to limit the number of proposals that are placed on the ballot. Rolf Lindblom, Rancho Mirage, San Bernardino City firefighter and second Vice President of the San Bernardino City Professional Firefighters Association, Local 891, strongly urged the Council not to place Charter Section 186 on the ballot because it would open a Pandora's Box of political and financial turmoil. Ron Coats, San Bernardino, spoke against the repeal of Charter Section 186. Michael Craft, San Bernardino, asked the Council to consider the topic of enabling language and stated that the final conclusion of the committee was that all five items should appear on the ballot separately. Tom Pierce, San Bernardino, spoke about the importance of the recommended change to Charter Section 186, which would have the effect of determining compensation of all unionized City employees—public safety and non-public safety alike—by Council resolution after collective bargaining. He stated that the recommended change would enhance the Council's ability to manage the City's budget in a way that results in a level of public services that adds to the quality of life of San Bernardino residents. He said Charter Section 186 gives the Council no control over more than half the budget it is supposed to be managing. Jeff English, president of the San Bernardino City Professional Firefighters Association, spoke in opposition to what he called a divisive charter amendment. Steve Tracy, City firefighter and executive board member with the Firefighters Association, spoke against the repeal of Charter Section 186. Deb Bunger, spoke against the repeal of Charter Section 186. Randy Wilson, San Bernardino, retired police officer, spoke against the repeal of Charter Section 186. John Miller, read a letter addressed to Mayor Davis from California State Senator Norma Torres, expressing concern about the repeal of Charter Section 186. Mayor and Common Council of the City of San Bernardino Page 3 Printed 812112014 Joint Adjourned Regular Meeting Minutes August 7, 2014 Rich Lentine, City firefighter, asked the Council to vote against the repeal of Charter (4110, Section 186 to keep politics out of the process for determining salaries of San Bernardino firefighters and police. Gloria Harrison, San Bernardino, said she is invested in the City and is a volunteer on the Charter Committee—a responsibility she took very seriously. She stated that the committee would like all five issues placed on the ballot, and she would like to have the opportunity to vote on them. Joe Ortiz, San Bernardino, spoke against the repeal of Charter Section 186. He stated that nothing the people say will be considered. Laurie Stalnaker, Highland, Executive Office for the AFL CIO for San Bernardino/Riverside Counties, urged the Council to stand up for working families by voting"no"on the elimination of Charter Section 186. Bill Lathrop, Riverside, stated that eliminating Charter Section 186 will not improve the City's budget nor strengthen the bankruptcy Plan of Adjustment. Eliminating Charter Section 186 will not make the City safer and will bring division not unity to the City and will create more politics at City Hall. Anthony Jones, San Bernardino, spoke against the repeal of Charter Section 186. Joe Arnett, San Bernardino, said people should view his website for the historical perspective on Charter change. He stated that the Council now needs to evaluate what are the most urging and pressing action items. He urged the public to vote "no" on Charter reform. Jim Smith, Highland, said the City cannot live with status quo and stated that the entire Charter should be repealed. He said the Charter Committee's work needs to continue. Deanna Adams, San Bernardino, said proposed Ballot Item 1, by seeking to make the Charter more enabling rather than restrictive, is about transferring power to the Mayor, Common Council and City Manager. She said the highest priority of this government is not to serve and protect but to grab power. Kathy Watson, San Bernardino, stated that we don't have to repeal Charter Section 186 and lose our Fire Department. She said the City needs to work towards balancing the budget so it can give back when times get better. If the City falls out of favor with bankruptcy court and is disincorporated, it will be the albatross hanging around the neck of the County and could take the County down. She urged the Council to place all five items on the ballot. Chris Poulis, San Bernardino City firefighter and paramedic, said one of the items that attracted him to be a firefighter in the City of San Bernardino was Charter Section 186, and stated that it keeps Police and Fire from testing out. Mayor and Common Council of the City of San Bernardino Page 4 Printed 812112014 Joint Adjourned Regular Meeting Minutes August 7, 2014 Council Member Nickel stated that at the public hearing held on July 17, 2014, his understanding was that there was a suggestion to move forward with Proposed Ballot Items 3 and 5, which are the Charter Section 186 Amendment and the Civil Service matter, respectively, and then combine Items 1, 2 and 4 as a single ballot item. Discussion ensued regarding the cost of placing the proposed Charter amendments on the ballot. For the purpose of discussion, Council Member Nickel made a motion, seconded by Council Member Mulvihill, to combine Items 1, 2, 4 into one separate proposal and consider Items 3 and 5 as two additional separate matters in order to receive comments from the public and feedback from committee members. No vote was taken. Following the discussion, Council Member Nickel made a motion to combine Items 1, 2, 4 into one separate ballot measure and then take Items 3 and 5 as two additional separate ballot measures for a total of three(3)total ballot measures. Council Member Mulvihill withdrew his second. Council Member Nickel made a motion to combine Items 2 and 4 as one item, and to place Items 1, 3 and 5 as additional items on the ballot. The motion died for lack of a second. City Clerk Hanna provided clarification of all five proposed amendments, as follows: Proposed Ballot Item 1 —Amend Article III, Section 40, by adding subsection(bb) Article III Legislative Department—The Common Council Section 40 Powers of Mayor and Common Council Proposed Ballot Item 2 —Amend Article VII, Section 120 Article VII Initiative, Referendum and Recall Section 120 The Initiative Proposed Ballot Item 3—Amend Article X Police and Fire Departments Section 186 Salaries Proposed Ballot Item 4—Repeal Article XI Article XI School Districts Proposed Ballot Item 5—Amend Article XIII Miscellaneous Section 254 Civil Service Discharge or Reduction of Compensation Council Member Shorett made a motion, seconded by Council Member Johnson, to put Charter Section 186 (Agenda Item 2B) on the ballot by itself and hold the other items over for future discussion/action. No vote was taken. Mayor and Common Council of the City of San Bernardino Page 5 Printed 812112014 Joint Adjourned Regular Meeting Minutes August 7, 2014 Council Member Valdivia asked if the Charter Review Committee had determined that a specific amount of City funds would be saved by repealing Charter Section 186. City Manager Parker stated that handouts were given to the committee members that specifically identified the amount of money that was paid out for the last ten years relative to Charter Section 186. Council Member Valdivia asked what the cost savings to the taxpayers would be if Section 186 were repealed. Mr. Parker stated that cost savings depend on whether overtime is affected or not. There are sections of the Charter that dictate a specific work week, which brings into play FLSA, which then entitles them to ten hours of additional pay for showing up to work. He stated that in the last couple of years that has been determined to be about $6.9 million in overtime. Council Member Valdivia stated that he received a document at 6 p.m. at his Council dais desk that highlights some of the savings that might be proposed, and requested that it be submitted into the record and provided to the general public on his City webpage. Council Member Johnson discussed and submitted into the record documents including a copy of Charter Section 186, San Bernardino Fire & Protective League v. City (1962) 199 Cal.App.2d 401, 404-419; and City Attorney Opinion Nos. 97-1; 95-2; 93-16; 93-13; 93-4; 92-16; 92-2; 91-32; 91-23; 91-3; 91-2; 90-17; 90-11; 89-21; and 88-11. Discussion ensued. Council Member Mulvihill stated that he did not think the Charter Committee wanted them to consider Section 186 only. He recommended placing both fiscal issues on the ballot as separate items and requested that Council Member Shorett add the Civil Service item to his motion. Council Member Shorett amended his original motion, seconded by Council Member Johnson, to place Charter Section 186 (Agenda Item 2B) and the Civil Service item (Agenda Item 2C) on the ballot as separate items and hold the other items for future consideration. 2B. City Attorney RES. 2014-312 — Resolution of the Mayor and Common Council of the City of San Bernardino Proposing an Amendment to the Charter of Said City Relating to Safety Personnel Salaries; and RES. 2014-313 — Resolution of the Mayor and Common Council of the City of San Bernardino Calling a Special Municipal Election on a Proposed Charter Amendment Relating to Safety Personnel Salaries and Requesting that Said City of San Bernardino's Aawfthl Special Municipal Election be Consolidated with the November 4, 2014 Statewide General Election Conducted by the County of San Bernardino. Motion: Adopt the Resolutions. Mayor and Common Council of the City ofSan Bernardino Page 6 Printed 812112014 Joint Adjourned Regular Meeting Minutes August 7, 2014 ........ RESULT: ADOPTED [4 TO 31 01:37:58 MOVER: Fred Shorett, Council Member, Ward 4 j SECONDER: Rikke Johnson, Council Member, Ward 6 AYES: Virginia Marquez, Fred Shorett, Rikke Johnson, James Mulvihill NAYS: Benito J. Barrios, John Valdivia, Henry Nickel 2C. City Attorney RES. 2014-314 — Resolution of the Mayor and Common Council of the City of San Bernardino Proposing an Amendment to the Charter of Said City Relating to Civil Service Discharge or Reduction of Compensation; and RES. 2014-315 — Resolution of the Mayor and Common Council of the City of San Bernardino Calling a Special Municipal Election on a Proposed Charter Amendment Relating to Civil Service Discharge or Reduction of Compensation and Requesting that Said City of San Bernardino's Special Municipal Election be Consolidated with the November 4, 2014 Statewide General Election Conducted by the County of San Bernardino. Motion: Adopt the Resolutions. _._................................................ ........ _ .._ RESULT: ADOPTED [4 TO 31 02:21:27 MOVER: Fred Shorett, Council Member, Ward 4 j SECONDER: Rikke Johnson, Council Member, Ward 6 AYES: Virginia Marquez, Fred Shorett, Rikke Johnson,James Mulvihill NAYS: Benito J. Barrios, John Valdivia, Henry Nickel I ........... ......._ -__ ....... ....................... 3. New Business 3A. Proposed Ballot Items for Charter Amendments to be Placed on the November 2014 Ballot: Proposed Ballot Item 1 —Amend Article III, Section 40,by adding subsection(bb) Article III Legislative Department—The Common Council Section 40. Powers of Mayor and Common Council; Proposed Ballot Item 2—Amend Article VII, Section 120 Article VII Initiative, Referendum and Recall Section 120. The Initiative; and Proposed Ballot Item 4—Repeal Article XI Article XI School Districts. Motion: The matter arose subsequent to the posting of the agenda and there is a need to take immediate action to add to the agenda for discussion and possible action the remaining three ballot items proposed by the Volunteer Citizen-Based Charter Committee. Mayor and Common Council of the City of San Bernardino Page 7 Printed 812112014 Joint Adjourned Regular Meeting Minutes August 7, 2014 RESULT: ADOPTED [5 TO 1] 00:11:06 ; C MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez,Barrios,Nickel, Johnson, Mulvihill NAYS: Fred Shorett ABSTAIN: John Valdivia 4. Public Comments on Items Not on the Agenda Joe Ortiz, San Bernardino,made comments against the City, elected officials, and staff. 5. Adjournment The meeting adjourned at 8:32 p.m. The next joint regular meeting of the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency is scheduled for 2:00 p.m., Monday, August 18, 2014. GEORGEANN "GIGI" HANNA City Clerk By 444� Linda Sutherland Deputy City Clerk Mayor and Common Council of the City of San Bernardino Page 8 Printed 812112014