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HomeMy WebLinkAbout38-Council Office CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION aRt6mAl From: Councilmember Chas Kelley Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Rescinding its Dept: Council Office Motion of February 17, 2009 by which it approved the elimination of twelve positions in the Fire Department and requiring said positions to be backfilled effective April 21, 2009. Date: April 14, 2009 Synopsis of Previous Council action: On February 17, 2009 the MCC adopted a resolution approving the City Manager's Modified Budget Strategy (Exhibit I and attachments) that included the elimination of up to twelve (12) sworn positions in the Fire Department by deleting vacancies and/or by attrition, thus removing the fourth person from most of the nine (9) engine companies that were then staffed with four fire fighters. Recommended motion: That said resolution be adopted. Contact person: Chas Kellev. Councilmember Phone: 5208 Supporting data attached: Staff Report Ward: All FUNDING REQUIREMENTS: Amount: $1.200.000.00 - $1.600.800.00 Source: (Acct. No.) ( Acct. Description) Finance: (~/) /fenON 777Kc AI) Council Notes: Agenda Item No. ~~ ~ 4.20-0'1 75-0262 Unchanged 6.1.06 F,\WILSONIAGENDA RFCA\RFA CKelley 4.14.09.wpd STAFF REPORT Council Meeting Date: April 20, 2009 To: Mayor and Common Council Chas Kelly, Council Member ~ It ~ I Fifth Ward ,- 11 April 15, 2009 From: Date: Agenda Item: At the City Council meeting on February 17, 2009, the Mayor and Common Council acting on Agenda Item # 18, approved the elimination of up to twelve (12) sworn positions in the Fire Department by deleting vacant positions and/or by attrition. This implemented recommendation was in the backup and included "removing the fourth person from most of the nine (9) engine companies that are currently staffed with four firefighters." (February 2,2009 memorandum from the City Manager to the Mayor and Common Council.) At the Council meeting on February 17, 2009 when this recommendation was adopted, there was some confusion as to what agreement had actually been reached with the San Bernardino Professional City Firefighters' Association regarding the 10% requested wage concession from that bargaining unit's members. In fact, in a memorandum to the Mayor and Common Council, prepared that day, Interim City Manager Mark Weinberg stated, "Within the last two hours, I have learned that we have reached agreement with the Firefighters' Association regarding the equivalent to a 10% wage concession, the details of which I will share with you separately." When that information was shared with us, I believe in closed session, it was confusing as to what were the terms of the agreement that had been reached with the Firefighters' Association. I don't believe most of the Council understood what those details were. I'm not sure that even the Firefighters' Association members themselves understood that the elimination of these twelve positions would result in a reduction from four to three firefighters on most of the nine (9) engine companies that were then staffed with four firefighters. I know that was not my understanding. Later, when we learned that the Firefighters' Association had declined to sign the proposed bargaining agreement based on their claim that the information provided to them during the bargaining sessions was not accurate, it merely added to the confusion. Because of the serious public safety consequences of this action, which only became generally known to Council Members on Friday, April 10, 2009 when the reduction in force first took place, I believe it is necessary for the City Council to reconsider its decision of February 17, 2009, rescind its elimination of the twelve (12) positions and begin to immediately backfill those vacant positions just as they had been backfilled prior to April 10, 2009. I further believe we should direct the City Manager to bring us three funding options to chose among for consideration at our Council meeting on May 4,2009. I do not believe it is our role to develop these funding options. That is the role of the City Manager and his staff who are charged with implementing the policy decisions of the Mayor and Common Council. It is clearly a policy decision as to whether we staff our fire engines with four, rather than three, firefighters. It is our role to chose which of the three options is implemented and to consider other suggestions for funding these twelve positions that may be available. But I favor letting the City Manager and his staff have the first crack at finding the money. I also want to add that I do not expect to be given three alternatives, none of which are feasible. Ifwe can continue to offer non-essential programs and fund non-essential centers, we can find funding for twelve firefighters to meet minimum public safety standards. I understand that the elimination ofthese twelve (12) positions results in a savings of between $2,200,000 and $2,600,800. But we are dealing with public safety here folks. Cal OSHA requires that employers ofF ire personnel shall ensure that at least two employees enter an area that is immediately dangerous to life or health and at least two employees remain outside that area (8 CCR 95144). The National Fire Protection Association's Standard on Fire Department Occupational Safety and Health program (NFP A 1500 9 8.4.7) requires that in the initial stages of an incident where only one crew is operating in a hazardous area at a working structural fire, that a minimum of four individuals shall be required, with two working a crew inside the hazard area and two working as a crew outside the hazard area where the two outside the hazard area are available for assistance or rescue. I understand that our Fire Chief, like other department heads, has had to make some difficult choices. I further understand that he has attempted to recommend cuts that result in a lower public safety compromise than other reductions he could suggest. But, the standards I have listed in the two proceeding paragraphs are the minimum standards our Fire Department should follow. I believe that we, as a City Council, have an obligation to insure that these minimum standards are met. It is our job to act today and take the burden off the Fire Chief, his firefighters and members ofthe public who will reap the benefits that occur when these standards are followed. I do not believe, given the non-public safety programs we offer and the non-public safety centers we continue to operate during the current financial crisis, that we can continue to ignore -2- important standards of public safety. They translate into safety for our citizens and for our employees. It is clear to this Council Member that public safety must come first and if that means reducing the number of non-public safety programs we offer, or even closing more centers that are not directly involved in public safety then, so be it. Let the chips fall where they may. -3- 1 RESOLUTION NO. 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RESCINDING ITS MOTION OF FEBRUARY 17,2009 BY WHICH IT 4 APPROVED THE ELIMINATION OF TWELVE POSITIONS IN THE FIRE DEPARTMENT AND REQUIRING SAID POSITIONS TO BE BACKFILLED EFFECTIVE APRIL 21, 2009. 5 6 WHEREAS, The Mayor and Common Council met in a Regular Meeting on February 17, 7 2009 to consider the City Manager's Budget Strategy; and 8 WHEREAS, at said Regular Meeting the City Council considered and adopted by motion an 9 amendment to the Interim City Manager's previously presented Exhibit 1; and 10 WHEREAS, by adoption of the Interim City Manager's Exhibit 1, as amended, it was 11 anticipated that there would be no layoffs in the Fire Department, but instead savings were to be 12 achieved by eliminating 12 positions through deleting vacancies andlor by attrition, and there were 13 eight sworn vacancies in the Department at the time ofthe adoption; and 14 WHEREAS, the Fire Department has subsequently commenced providing three (3) Fire 15 personnel to an Engine Company at a number of Fire Stations; and 16 WHEREAS, the California Occupational Safety and Health Administration's (OSHA) 17 procedures for interior structural firefighting(8 CCR 95144) require that the employer of Fire 18 personnel shall ensure that at least two employees enter an area that is immediately dangerous to life 19 or health and at least two employees are located outside the area that is immediately dangerous to life 20 or health; and 21 WHEREAS, National Fire Protection Association's Standard on Fire Department 22 Occupational Safety and Health Program (NFPA 1500 98.4.7) requires that in the initial stages ofan 23 incident where only one crew is operating in the hazardous area at a working structural fire, a minium 24 of four individuals shall be required, consisting of two individuals working as a crew in the hazard 25 area and two individuals present outside this hazard area available for assistance or rescue; and 26 27 28 F:\WILSON\Resolutions\Rescinding Reduction ofFF 4-09.wpd I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RESCINDING ITS MOTION OF FEBRUARY 17, 2009 BY WHICH IT 2 APPROVED THE ELIMINATION OFTWEL VE POSITIONS IN THE FIRE DEPARTMENT AND REQUIRING SAID POSITIONS TO BE BACKFILLED EFFECTIVE APRIL 21, 2009. 3 4 WHEREAS, the Mayor and Common Council now wish to rescind their action of February 5 17, 2009 for the purpose of facilitating an increase in the number of Fire personnel assigned to Engine 6 Companies at the Fire Stations affected by the change. 7 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 8 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 9 I. That part ofthe motion ofthe Mayor and Common Council adopted at the Regular Meeting 10 of February 17, 2009, approving the revised Exhibit I of the Interim City Manager to permit the II elimination of positions in the Fire Department through elimination and/or attrition is hereby 12 rescinded. All other parts of the motion remain in effect as adopted. 13 2. The City Manager is hereby directed to identifY three funding options to provide the 14 resources necessary for the implementation of the above action and to bring these funding options IS before the Mayor and Common Council for their consideration and possible adoption at its meeting 16 of May 4, 2009. 17 3. It is hereby made a duty of the Chiefofthe Fire Department that effective April 21, 2009 18 he shall backfill all twelve (12) said fire fighter positions. 19 /1/ 20 /1/ 21 /1/ 22 23 24 25 26 27 28 2 F:\WILSON\Resolutions\Rescinding Reduction ofFF 4-09.wpd I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RESCINDING ITS MOTION OF FEBRUARY 17, 2009 BY WHICH IT 2 APPROVED THE ELIMINATION OF TWEL VE POSITIONS IN THE FIRE DEPARTMENT AND REQUIRING SAID POSITIONS TO BE BACKFILLED EFFECTIVE APRIL 21, 2009. 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof, 6 held on the day of 7 COUNCIL MEMBERS: AYES NAYS 8 ESTRADA 9 BAXTER 10 BRINKER 11 SHORETT 12 KELLEY 13 JOHNSON 14 MCCAMMACK IS 16 17 ,2009, by the following vote, to wit: ABSTAIN ABSENT CITY CLERK 18 The foregoing Resolution is hereby approved this day of ,2009. 19 PATRICKJ. MORRIS, Mayor City of San Bernardino 20 21 Approved as to form: 22 JAMES F. PENMAN, 23 City Attorney 24 By: L t.f~ 25 () 26 27 28 3 F:\WILSON\Resolutions\Rescinding Reduction ofFF 4-09.v.rpd