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HomeMy WebLinkAbout02-19-2009 Adj. Minutes CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris Council Members: Esther Estroda De1l1lis J. Boxter Tobin Brinker 4' Ward - Vocont Chas Kelley Rikke Yon Johnson We~ McCammack ~ MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT ADJOURNED REGULAR MEETING FEBRUARY 19, 2009 COUNCIL CHAMBERS This is the time and place designated for a joint adjourned regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino from the joint regular meeting of the Mayor and Common Council and Community Development Commission held at 1:30 p.m., Tuesday, February 17, 2009, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The City Clerk has caused to be posted the order of adjournment of said meeting held on Tuesday, February 17, 2009, and has on file in the office of the City Clerk an affidavit of said posting together with a copy of said order which was posted at 3:30 p.m., Wednesday, February 18, 2009, on the City Hall breezeway bulletin board. The joint adjourned regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor/Chairman Morris at 5:16 p.m., Thursday, Febrnary 19, 2009, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Present: Mayor/Chairman Morris; Council Members/Commissioners Baxter, Brinker, Kelley, Johnson, McCammack; City Attorney Penman, Interim City Manager Weinberg, City Clerk Clark. 1 02/19/2009 Absent: Vacant: Council Member/Commissioner Estrada. Fourth Ward. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): San Bernardino City Professional Firefil!;hters, Local 891 v. City, et al. - San Bernardino Superior Court, Case No. CIVSS 807685. 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: San Bernardino Police Officers Association v. City of San Bernardino 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: Fire Safety Unit Police Safety Unit Police Management Unit Management/Confidential Mid-Management Unit General Unit G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. 2 02/19/2009 Public Comments on Closed Session Items Rich Lawhead, President of the Police Officers Association (POA), 1299 N. "E" Street, San Bernardino, CA, submitted into the record a letter dated February 19, 2009, regarding the POA's position relative to the City's budget deficit. He stated that he had been asked to come to the bargaining table and give some concessions in an effort to help the City close the budget gap. Mr. Lawhead stated that yesterday the POA presented a package of concessions totaling over $3.3 million to the City and in return they asked only that the Mayor and Council keep the promise they made to the POA several months ago regarding Chief Billdt. He stated that they could end up in litigation that would cost the City a lot of money, or the City could just take the money and keep its promise. 2. Budget Workshop (Continued from February 17,2(09) Betty Jean Long, 854 N. Lugo Avenue, San Bernardino, CA, commended the Police Department for their quick response to an incident that occurred at the Fifth Street Senior Center and spoke in opposition to the proposed cuts in the Police and Fire Departments. Interim City Manager Weinberg stated that the Council meeting held on Tuesday, February 17,2009, was recessed to provide the City Manager and his negotiating team with the opportunity to meet once again with the Police Officers Association leadership to see whether or not they could come to some kind of compromise for an agreement that would provide the City with the necessary savings it required. Mr. Weinberg stated that the City's negotiation team met with several POA leaders on February 18, 2009, over a period of approximately four and one-half hours. The City provided the union with a written proposal that essentially mirrored that approved by the firefighters earlier in the week. The POA met for approximately 90 minutes and returned with a written counter proposal that offered the City's needed police officer concessions, which were equivalent to $3.3 million in the form of returned uniform allowances over the course of the next two years and monthly contributions to the cost of employee health plans. However, the proposal was accompanied by demands including binding arbitration, a guarantee of no further layoffs, the right to dictate resource funding and allocation relating to a handful of sergeant and detective positions, and the immediate departure of the Police Chief and the Assistant Police Chief. In the absence of any agreement or promise that a settlement was forthcoming, Mr . Weinberg stated that he was compelled to recommend that the Council authorize the City Manager to proceed to take actions necessary to impose a four- hour per week furlough of police officers effective March 1, 2009. He stated that approval of the furloughs would maximize public safety and would prevent the need for layoffs. 3 02/19/2009 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Kelley, that the City Manager and the Director ofHnman Resources be authorized to proceed with imposing furloughs on police sworn personnel. The motion carried. Ayes: Baxter, Brinker, Kelley, Johnson. Nays: McCammack. Absent: Estrada. Vacant: Fourth Ward. 3. Discuss and take possible action on alternative opportunities/proposals to prevent drastic reductions to public safety and other critical City services (Continued from February 17, 2(09) Council Member/Commissioner McCammack made a motion to continue the matter to the Council/Commission meeting of March 2, 2009. The motion died for lack of a second. Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Johnson, that the matter be tabled. The motion carried unanimously with Estrada absent and the Fourth Ward Vacant. NB1. RES. 2009-36 - Resolution of the Mayor and Common Council of the City of San Bernardino proclaiming the existence of a local emergency. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Kelley, that the matter arose subsequent to the posting of the agenda. The motion carried. Ayes: Baxter, Brinker, Kelley, Johnson. Nays: McCammack. Absent: Estrada. Vacant: Fourth Ward. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Johnson, that full reading of the resolution be waived; and that said resolution be adopted. The motion carried. Ayes: Baxter, Brinker, Kelley, Johnson. Nays: McCammack. Absent: Estrada. Vacant: Fourth Ward. 4. Public Comments Tom Marek, Director of Information Technology, stated that one of the handouts from the February 2, 2009 Council meeting talked about the staffing of the IT Department being 4 to 5 full-time employees less than the typical organization of its size, and yet they had 5 layoffs. Mr. Marek read a paragraph from another document regarding the layoff of an IT Analyst and their obligation to the Water Department, which funded 75 % of that position. Joe Ortiz, 387 W. 25th Street, San Bernardino, CA, stated that due to the high number of parolees and with the possible release of 57,000 inmates next year, cutting back the police would not be good for the City. He stated that with the 4 02/19/2009 elimination of the Operation Phoenix program the City could fund library staff for one year and still provide for the CID center. Betty Jean Long, 854 N. Lugo Avenue, San Bernardino, CA, stated that she would like to see the City Manager reduce his hours and cut his salary in half. Wendy McCammack, 634 E. Parkdale Drive, San Bernardino, CA, stated that Tom Marek was the only director of a department to beg for the jobs of his employees. She stated that many employees have come up with suggestions, infomlation and ideas that have been ignored. She stated that the bottom line was that they have let the employees down, and more importantly, they have let the constituency of this City down. Darren Hall, Development Services Department employee, 2767 N. Lugo Avenue, San Bernardino, CA, spoke about the 14 proposed cuts in his department and added that he felt every department in the City should be taking the furloughs and the ten percent reduction in pay. Jesse Sandoval, Parks, Recreation & Community Services Department employee, 18240 Grove Place, Fontana, CA, distributed a proposal containing four options that would save the City money and would result in no lost jobs and no loss of services. Debbi Matley, 380 W. 17th Street, San Bernardino, CA, stated that she didn't think enough options were explored before layoffs were imposed in City departments. She stated that she attended a Measure Z Committee meeting and noted that Operation Phoenix was the only intervention program that was being funded and asked why that money couldn't be put towards keeping some of these jobs. Mark Weinberg, Interim City Manager, responded to Councilwoman McCammack's comments by stating that every one of the department heads in this organization had come to him and had vigorously appealed for retaining their staffs. He stated that they have spoken very highly of their staffs, have begged for positions, and in the end they understood the concept of teamwork and they understood the gravity of the fiscal crisis the City has to try to solve. He stated that he didn't think that there was anyone in this organization at any level who hasn't felt the pain. Charles Greenwood, Refuse Division employee, asked the Council if they felt they made the right decision relative to the budget cuts and furloughs. 5 02/19/2009 5. Adjournment At 7:31 p.m., the meeting was adjourned. The next joint regular meeting is scheduled for 1:30 p.m., Monday, March 2,2009. RACHEL G. CLARK City Clerk By~./~Lttj)~/ Linda Sutherland Deputy City Clerk 6 02/19/2009