HomeMy WebLinkAbout02-07-2011 Jt Reg MtgMayor Patrick J. Morris
CITY OF SAN BERNARDINO Council Members:
Virginia Marquez
300 N. "D " Street Jason Desjardins
San Bernardino, CA 92418 Tobin Brinker
Website: www.sbcity.org Fred shorett
Chas Kelley
San Bernar ino Rikke Van Johnson
Wendy McCammack
MINI TTF.S
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
FEBRUARY 7, 2011
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 Tem Brinker at 1:38 p.m., Monday, February 7, 2011, 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 - existing 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 Regional Rail Authority, et al. - San
Bernardino Superior Court, Case No. CIVSS 804560;
02/07/2011
Michael Desrochers and Steve Lowes v. City of San Bernardino, et al. -
San Bernardino Superior Court, Case No. CIVSS 708637,•
Steve Lowes v. City of San Bernardino, et al. - United States District
Court for the Central District of California, Case No. EDCV09-2215
VAP;
Watson, et al. v. City of San Bernardino, et al. - San Bernardino County
Superior Court, Case No. C1VSS 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 - initiation 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
Section 54957.6:
Fire Safety
- pursuant to Government Code
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:
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Under Agenda Item No. IA, 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 VAP(OPx).
Under Agenda Item No. 1B, 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 Tem Brinker presented a proclamation designating the month of
February as American Heart Month to Julie Thomas of the American Heart
Association.
Mayor Pro Tem Brinker was joined by Kevin Hawkins, Director of Parks,
Recreation, and Community Services, and City of Highland's Mayor Pro Tem
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.
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4. Announcements
Announcements were made by the Mayor Pro Tem, 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)
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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 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. (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. (81))
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 Tem
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 02/07/2011
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. (11A)
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. (11B)
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.
SSII-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. SS11-017 "Del Rosa Drive Widening between 5'h
Street and 6' 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. SS11-017 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 (SS11-016) 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 rive 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 (CalRecycle).
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/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner 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 Understanding with the Board of Water Commissioners
for financial support for a City call center.
Heather Gray, Manager of Communications, 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 McCammack 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 Comments
Shirley Harlan, San Bernardino, CA.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner 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 Committee 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 lay off 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 - 19t'
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 19"' 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 191h 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 Tem 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
NSPI 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 (IVDA 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
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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/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner 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 Tem 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 Tem 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 McCammack 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 community. She
stated that her son was handcuffed, beaten, razed 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 Tem 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
Common Council.
28. Adjournment
At 6:55 p.m. the meeting adjourned. The next joint regular meeting of the
Mayor and Common Council and Community Development Commission is
scheduled for 1:30 p.m., Tuesday, February 22, 2011.
RACHEL G. CLARK
City Clerk
By: .v G
Linda E. Hartzel
Deputy City Clerk
18 02/07/2011