City Council Special
City of Stockton
Meeting Agenda - Final
City Council Special
Meeting
Council Chamber, City Hall, 425 N. El Dorado
Street, Stockton CA
3:00 PMFriday, July 26, 2024
** SPECIAL **
Special Closed Session 3:00 PM :: Special Session 3:10 PM Councilmember Lenz will participate in the meeting via teleconference from the following location: Encore Hotel, 3121 S Las Vegas Blvd, Las Vegas, NV 89109 - Room 3601
1. SPECIAL CLOSED SESSION CALL TO ORDER / ROLL CALL
2. PUBLIC COMMENT*
3. ANNOUNCEMENT OF CLOSED SESSION
3.1 24-0725
CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION
Number of Cases: One
Based on existing facts and circumstances a point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, there is a significant exposure to litigation against the local agency pursuant to Government Code sections 54956.9(d)(2) and 54956.9(e)(3).
Department: City Attorney
4. ADJOURN TO CLOSED SESSION
5. SPECIAL SESSION CALL TO ORDER / ROLL CALL
6. REPORT OF ACTION TAKEN IN CLOSED SESSION
7. PUBLIC COMMENT
*Members of the public may only comment regarding items on this agenda.
8. ITEMS FOR DISCUSSION
8.1 24-0775
RESOLUTION OPPOSING MEASURE N AND DELEGATING
AUTHORITY TO SUBMIT TO THE COUNTY REGISTRAR OF
1 July 26, 2024City Council Special Meeting Agenda - Final
VOTERS AN ARGUMENT AGAINST MEASURE N
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution opposing Measure N and delegating the authority to submit to the County Registrar of voters an argument against Measure N and a rebuttal to any argument submitted in favor of Measure N.
Department: City Attorney
Proposed Resolution - Measure N OppositionAttachments:
9. ADJOURNMENT
CERTIFICATE OF POSTING
I declare, under penalty of perjury, that I am employed by the City of Stockton and that I caused this agenda to be posted in the City Hall notice case on July 25, 2024 in compliance with the Brown Act.
Katherine Roland, CMC, CPMC
Interim City Clerk
By: ________________________________
Deputy
2 July 26, 2024City Council Special Meeting Agenda - Final *Members of the public may only comment regarding items on this agenda.
The City of Stockton invites public comments in multiple forms. You provide your comments by using one of these methods:
1. Email - you may email your comments to [email protected]
2. Voicemail - you can leave a voice message by dialing (209) 937-8459.
3. In-Person Comments - a) Speakers must submit "request to speak cards" to the Clerk prior to the Public Comment portion of the agenda. No speaker cards will be accepted after the close of Public Comment. Please redirect any inquiries to [email protected]. b) Address only issues over which the meeting body has jurisdiction. c) Each speaker will be limited to one 2-minute comment opportunity. Donating time is not authorized. d) Your time will be displayed on the speaker podium for convenience. *All written and voicemail public comments received by the Clerk's Office 90 minutes prior to the meeting start time will be forwarded to the meeting body members as correspondence and attached the minutes. All comments received after that time will be forwarded as correspondence the following business day.
All proceedings before the City Council are conducted in English. The City of Stockton does not furnish language interpreters and, if one is needed, it shall be the responsibility of the person needing one.
In accordance with the Americans With Disabilities Act and California Law, it is the policy of the City of Stockton to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are a person with a disability and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the Office of the City Clerk located at 425 North El Dorado Street, Stockton, California 95202 during normal business hours or by calling (209) 937-8458, at least 5 days in advance of the hearing/meeting. Advance notification within this guideline will enable the City/Agency to make reasonable arrangements to ensure accessibility.
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the Office of the City Clerk located at 425 North El Dorado Street, Stockton, California 95202 during normal business hours or by calling (209) 937-8458. The Agenda is available on the City of Stockton Website: www.stocktongov.com.
CHALLENGING CITY DECISIONS: The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Stockton, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.
3 City of Stockton
Legislation Text
File #: 24-0775, Version: 1
RESOLUTION OPPOSING MEASURE N AND DELEGATING AUTHORITY TO SUBMIT TO THE
COUNTY REGISTRAR OF VOTERS AN ARGUMENT AGAINST MEASURE N
RECOMMENDATION
It is recommended that the City Council adopt a resolution opposing Measure N and delegating the authority to submit to the County Registrar of voters an argument against Measure N and a rebuttal to any argument submitted in favor of Measure N.
Summary
In accordance with the California Elections Code section 9282, the City Council may authorize a subset of the City Council to submit an argument against Measure N to be included in the ballot materials of this initiative petition and to submit a rebuttal argument to any argument in favor of Measure N that may be filed. If approved, the proposed resolution would declare the City Council’s opposition to Measure N and authorize the submission of an argument against Measure N and a rebuttal to any argument submitted in favor of Measure N.
DISCUSSION
Background
Measure N, sponsored by Stockton public safety unions, in particular the Stockton Police Officers’ Association and the Stockton Firefighters union, has been placed on the ballot of the General Municipal Election on November 5, 2024. If enacted, Measure N would delete from the City Charter the existing procedures for resolving disputes during contract negotiations with public safety unions through impartial mediation and instead would require all disputes or controversies with these unions pertaining to wages, hours, or terms and conditions of employment to be submitted for binding arbitration to a “Board of Arbitrators” whose decision would be final and binding.
Present Situation
In accordance with the California Elections Code section 9282, the City Council may authorize a subset of the City Council to submit an argument against Measure N to be included in the ballot materials of this initiative petition and authorize this subset to submit a rebuttal argument to any argument in favor of Measure N that may be filed.
Accordingly, the proposed resolution would formalize the City Council’s opposition to Measure N for all the reasons set forth in the resolution. Additionally, staff asks that the City Council delegate to a member (or members) of the Council the authority to submit an argument against Measure N and to oversee the drafting of a rebuttal.
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5 File #: 24-0775, Version: 1
FINANCIAL SUMMARY
There is no additional cost associated with this action. The San Joaquin County Registrar of Voters provided an estimated cost of $50,000 to $80,000 to place the measure on the November 5, 2024, ballot. The submission of arguments is part of this total cost. The City does not pay an additional fee for the submission of arguments.
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6 Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION OF THE CI TY COUNCIL OF THE CI TY OF STOCKTON OPPOS ING
MEASURE N, AND DELEG ATING THE AUTHORITY TO SUBMIT TO THE CIT Y
CLERK AN ARGUMENT AG AINST MEASURE N AS P ERMITTED BY CALIFORN IA ELECTIONS CODE 9282
Measure N is on the ballot of the General Mun icipal Election on November 5, 2024, and is sponsored by Stockton’s public safety unions, in particular the Stockton Police Officers’ Association and the Stockton Firefighters union; and
If enacted, Measure N would delete from the City Charter the existin g procedures for resolving disputes during contract negotiations with public safety unions through impartial mediation and instead would require all disputes or controversies with these unions pertaining to wages, hours, or terms and conditions of employme nt to be submitted for binding arbitration to a “Board of Arbitrators” whose decision would be final and binding; and
Binding arbitration, as proposed in Measure N, is extraordinarily unusual and undesirable in the municipal context; it exists in fewer than 4% of California’s 482 cities; and
The fundamental reason that binding arbitration is extraordinarily unusual, and undesirable is that it takes away the power of City elected officials to consider, weigh and balance all of the City’s fiscal needs and i nstead enables non -negotiable increases in compensation for public safety unions without consideration of the expenditure effect of these compensation increases on other essential public services that a City provides; and
Under Measure N, an unelected and unaccountable Board of Arbitrators would decide any disputes with the public safety unions over wages, and other terms and conditions of employment, and these decisions would be made without consideration of and in isolation from any other significant priorities and financial challenges the city faces; and Under Measure N, the decisions of the unelected Arbitration Board are final and binding, even if they are irresponsible, unjust, or unfair; and
With binding arbitration, City voters would not be able to hold anyone accountable for the results of labor negotiations with the well-paid public safety unions; and
The City emerged from bankruptcy 10 years ago. If enacted, Measure N could plunge the city back into the kind of fiscal crisis that led to the 20 12 bankruptcy, all to enrich the public safety unions; and
The current mediation process in the Charter has served the City well and been fair to the public safety employees, leading to agreements where neither side got everything, but 7 the citizens of Stockton remain well protected and the public safety unions have been well compensated; and
The City has provided its public safety personnel with a cumulative cost of living and market adjustment increase totaling 121.95%, as well as increases to benefits a nd additional incentives from 2014 through 2025, all with an estimated total value of $123,043,166; and
The voters, with the City’s Council’s reauthorization of Measure A, have also provided represented police officers with an additional 4% cost of living adjustment, a 2% market adjustment, increases to benefits, and additional incentives with an estimated total value of $17,390,632.00 effective 2024; and
According to the California State Controller’s Office, in 2023 when looking at total compensation, 79 of the 100 highest paid Stockton employees were public safety personnel; and
The City prizes its expert public safety workers; in 2023, the City agreed to an 18% raise for its public safety workers, with the result that public safety worker salaries were at market rates; and
Public safety workers compensation currently consumes 74% of the City’s General Fund budget; and
The City contributes 84.96%, equivalent to over 80 cents for every dollar paid in salaries, towards CalPERS pension rates for public safety personnel; and
Public safety teams depend on an effective command and control structure such command and control cannot be administered by committee, binding decisions from an outside Board of Arbitrators would inevitably interfere with a chief comma nding officer’s ability to lead the public safety personnel; and
Binding arbitration may not benefit rank and file public safety officers because under binding arbitration, union members don't get to vote on a final settlement and therefore become, similar to the city council and the city's voters, mere bystanders in the process; and
If Measure N passes, the City Council and the voters will lose control over City finances and may not be able to adopt a budget that adequately, equitably and transparently allocates funds to such important assets and services as parks, libraries, youth programs, community centers, economic development, cleanliness activities, and street infrastructure improvements repairs, and maintenance; and
In accordance with the Califor nia Elections Code section 9282, the City Council may authorize a subset of the City Council to submit an argument against Measure N to be included in the ballot materials of this initiative petition and also authorizes this subset of 8 the City Council to submit a rebuttal argument to any argument in favor of Measure N that may be filed; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City of Stockton is opposed to Measure N for all the reasons set forth in the recitals of this Resolution and ultimately because it would take financial power and responsibility away from elected city officials as well as the city's voters and give it instead to an unelected and unaccountable Board of Arbitrators that would have no obligation to act fairly, equitably, or transparently and that would make decisions on public safety union issues without regard for and in complete isolation from any other significant financial needs and challenges of the city.
2. The City Council delegates to _______________________________ the authority to submit to the City Clerk an argument against Measure N consistent with this Resolution as well as a rebuttal to any argument submitted in favor of Measure N, in accordance with California Elections Code Section 9282.
PASSED, APPROVED, and ADOPTED July 26, 2024 .
_______________________________
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
____________________________________
KATHERINE ROLAND, CMC, CPMC
Interim City Clerk of the City of Stockton
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