HomeMy WebLinkAbout01-09-2006 MinutesSan
Mayor Judith Valles
Council Members:
CITY OF SAN BERNARDINO Esther Estrada
300 N. "D "Street Susan Longville
Gordon McGinnis
San Bernardino, CA 92418 Neil Derry
Website: www.sbcity.org Chas Kelley
Rikke Van Johnson
Wendy McCammack
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
JANUARY 9, 2006, 1:30 P.M.
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/Chairman Valles at 1:33 p.m., Monday, January 9, 2006, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Roll call was taken by City Clerk Clark with the following being present: Mayor/
Chairman Valles; Council Members/Commissioners Estrada, McGinnis, Derry,
Johnson; City Attorney Penman, City Clerk Clark, City Administrator Wilson.
Absent: Council Members/Commissioners Longville, Kelley, McCammack.
Council Member/Commissioner Kelley Arrived
At 1:40 p.m., Council Member/Commissioner Kelley arrived at the Council/
Commission meeting.
Council Member/Commissioner Longville Arrived
At 1:51 p.m., Council Member/Commissioner Longville arrived at the Council/
Commission meeting.
Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
01 /09/2006
Center for Biological Diversity v. City, et al., American Development
Group Inc., Real Party in Interest - San Bernardino Superior Court Case
No. SCVSS 132463;
Ingram v. City of San Bernardino - United States District Court Case
No. CV 05-00-25 (SGLx);
City of San Bernardino v. Valerie Pope -Ludlam, et al. - San Bernardino
Superior Court Case No. SCVSS 108965;
City of San Bernardino v. United States of America, Department of the
Army, et al. - USDA Case No. CV 96-5205 MRP (JGx) consolidated
with USDA Case No. CV 96-8867 (JGx);
In Re: Bankruptcy of Adelphia Communications Corporation - United
States Bankruptcy Court, Southern District of New York Case No. 02-
41724;
Kenneth Brown v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. SCVSS 107526.
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:
Police Department personnel issue
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:
Negotiator:
Linn Livingston, Human Resources Director
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Employee Organization:
San Bernardino Police Officers Association
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
IVDA Redevelopment Project Area (Meadowbrook Project)
1. Properties: 155 East 2nd Street (APN: 0135-291-10), 188
North Allen Street (APN: 0135-291-17), 174
North Allen Street (APN: 0135-291-18), 168
North Allen Street (APN: 0135-291-19), 192 East
King Street (APN: 0135-291-21), 186 East King
Street (APN: 0135-291-22), 199 East King Street
(APN: 0135-292-14), 140 North Allen Street
(APN: 0135-292-15)
Negotiating Parties: Maggie Pacheco, Interim Executive
Director, on behalf of the Redevelopment
Agency and the San Bernardino City
Housing Authority, and Meadowbrook Park
Homes, Inc., as Property Owners
Under Negotiation: Purchase price, terms, and conditions
Senior Assistant City Attorney Milligan announced that the following additional
case would be discussed in closed session under Agenda Item No. IA:
Manta Management Corporation v. City of San Bernardino - Court of
Appeal, 4' District, Division Two Case No. E036942 (Superior Court
Case No. SCVSS 18157).
Closed Session Announcement
City Clerk Clark announced that the following action had been taken in closed session:
Motion made by Council Member/Commissioner Longville, seconded by Council
Member/Commissioner McGinnis, not to implement the use of retired officers for
solely alarm services or the use of hiring incentives; and direct the negotiating team to
meet and confer.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays: None. Absent:
Council Member/Commissioner McCammack.
3 01 /09/2006
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.
Moment of Silence
Mayor/Chairman Valles extended condolences to the families and requested a moment
of silence in memory of Ruben Campos, who retired from the City in 2003 after 22
years of service, and Alan Dale, former owner of Alan Dale's Baby News on Highland
Avenue.
Invocation/Pledge of Allegiance
The invocation was given by Sister Carmel Crimmins of the Diocese of San
Bernardino, followed by the pledge of allegiance, led by Arianne Rodriguez from
Ramona School.
2. Appointment - Dennis Reichardt - Civil Service Board - Mayor Valles
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Estrada, that the appointment of Dennis Reichardt to the
Civil Service Board, as requested by Mayor Valles, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
3. Proclamations & Presentations
Mayor/Chairman Valles presented a proclamation designating the month of
January 2006 as Blood Donor Month to Michelle Eckland of the Blood Bank.
On behalf of Council Member McCammack, Jorge Carlos, Executive Assistant
to the Council, presented Paul Szerha with the Citizen of the Month award in
recognition of his outstanding service to the Neighborhood Watch Program.
4. Announcements
Announcements were made by the Mayor, members of the Common Council,
elected officials, and a representative from the Chamber of Commerce regarding
various civic and community events and activities.
4 01/09/2006
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, 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 by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
6. Council Minutes
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, that the minutes of the following meetings of
the Mayor and Common Council/Community Development Commission and the
San Bernardino City Housing Authority of the City of San Bernardino be
approved as submitted in typewritten form: November 1, 2005; November 7,
2005; and November 21, 2005.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
7. Claims & Payroll
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, that the claims and payroll and the
authorization to issue warrants as listed on the memorandum dated January 3,
2006, from Barbara Pachon, Director of Finance, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
8. Personnel Actions
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, that the personnel actions, as submitted by
the Chief Examiner, dated January 9, 2006 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.
5 01/09/2006
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
9. RES. 2006-1 - Resolution of the Mayor and Common Council of the City of
San Bernardino granting an extension of the Cable Franchises with
Adelphia Communications, Charter Communications, and Mountain
Shadows Cable.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2006-1 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson. Nays: None. Absent: Council Member/Commissioner
McCammack.
10. Resolutions conditionally authorizing the assignment of a Cable Television
Franchise by Adelphia Cablevision to Time Warner Cable
RES. 2006-2 - Resolution of the Mayor and Common Council of the City of
San Bernardino conditionally authorizing the assignment of a Cable
Television Franchise by Adelphia Cablevision of Inland Empire, LLC to
Time Warner NY Cable LLC, an indirect subsidiary of Time Warner Cable
Inc. (10A)
RES. 2006-3 - Resolution of the Mayor and Common Council of the City of
San Bernardino conditionally authorizing (1) a transfer of control of the
Cable Television Franchise from Adelphia Communications Corporation to
Comcast Cable Holdings, LLC; (2) an assignment of the Cable Television
Franchise by Comcast Cable Holdings, LLC, to CAC Exchange I, LLC;
and (3) a transfer of control of CAC Exchange I, LLC from Comcast
Corporation to Time Warner Cable Inc. (10B)
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolutions be adopted.
Resolution Nos. 2006-2 and 2006-3 were adopted by the following vote: Ayes:
Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson. Nays: None. Absent: Council Member/Commissioner
McCammack.
6 01/09/2006
11. RES. 2006-4 - Resolution of the Mayor and Common Council of the City of
San Bernardino approving the destruction of certain records no longer
required to be maintained by the San Bernardino City Attorney's Office.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2006-4 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson. Nays: None. Absent: Council Member/Commissioner
McCammack.
12. Review and take action regarding the need for continuing in effect the local
emergency caused by the Old Waterman Canyon Fire pursuant to
Government Code Section 8630 (c)(1)
Note: No backup materials were distributed.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, that the Mayor and Common Council
confirm the need for continuing in effect the local emergency caused by the Old
Waterman Canyon Fire.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
13. Item Deleted
14. RES. 2006-10 - Resolution of the City of San Bernardino making
application to the Local Agency Formation Commission of the County of
San Bernardino for annexation to the City of San Bernardino of
unincorporated territory, generally located north of Highland Avenue, east
of Golden Avenue, to be known as Annexation No. 359.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Resolution No. 2006-10 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson. Nays: None. Absent: Council Member/Commissioner
McCammack.
7 01 /09/2006
15. RES. 2006-5 - Resolution of the Mayor and Common Council of the City of
San Bernardino approving the Final Map for Tract Map No. 16795, located
between Belmont and Ohio Avenues, west of the vacated Chestnut Avenue
in the RL, Residential Low land use district, accepting the public
dedications as set forth on said map; and authorizing execution of the
standard form of agreement for the improvements in said subdivision, with
time for performance specified.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2006-5 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson. Nays: None. Absent: Council Member/Commissioner
McCammack.
16. RES. 2006-6 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the Mayor to execute a Standard Contract with
the County of San Bernardino, the City of Redlands, the City of Highland
and Inland Valley Development Agency (IVDA) to construct culverts at
Alabama Street and City Creek.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, that the Director of Finance be authorized to
amend the FY 2005-06 budget by increasing revenue Account No. 248-000-
4658 by $33,800, with a corresponding increase of $33,800 to. expense Account
No. 248-368-5504-7517; and that said resolution be adopted.
The motion carried and Resolution No. 2006-6 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson. Nays: None. Absent: Council Member/
Commissioner McCammack.
17. RES. 2006-7 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the City of San Bernardino to renew the Lease
Agreement with the San Bernardino International Airport Authority to
provide aircraft rescue and fire righting services at the San Bernardino
International Airport.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
8 01/09/2006
Resolution No. 2006-7 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson. Nays: None. Absent: Council Member/Commissioner
McCammack.
18. RES. 2006-8 - Resolution of the City of San Bernardino amending
Resolution No. 6429, entitled in part "A Resolution ... establishing a basic
compensation plan for officers and/or employees of the Police and Fire
Departments of the City of San Bernardino."
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2006-8 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson. Nays: None. Absent: Council Member/Commissioner
McCammack.
19. RES. 2006-11 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor or her designee to execute Second
Amendment to extend the Agreement for Use of Facilities (Adult School)
between the City of San Bernardino and the San Bernardino City Unified
School District.
City Attorney Penman stated that he had conflicted off on this item because his
wife is a member of the School Board; however, Special Counsel Sabo had
reviewed and signed the resolution. He left the Council Chambers and returned
after the vote was taken.
City Administrator Wilson explained that this action essentially allows the
school district to continue to offer classes at the City's recreation centers at no
cost to the participants —a relationship the City has had with the school district
for a number of years.
Responding to an inquiry from Council Member/Commissioner Kelley, Mr.
Wilson advised that recently the City was negotiating with the District on the
joint use at Cesar Chavez Middle School, but was unable to negotiate an
agreement that was satisfactory to both parties. As a result, the District has
informed the City that they are going to negotiate that joint use with another
public entity.
Council Member/Commissioner Kelley stated that he was going to support this
item because he thought it was right thing to do. However, he thought it was
important that the City's colleagues on the School Board extend the same
9 01 /09/2006
consideration to the joint use facility that we are extending to them today —to
use Cesar Chavez Middle School as a homework center and after -school
program location and as a facility that can be used by the residents on the
weekends.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2006-11 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson. Nays: None. Absent: Council Member/Commissioner
McCammack.
20. RES. 2006-9 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a purchase order to Fairview
Ford for the purchase of a 2006 F-250 4WD crew cab pick up truck, to be
utilized by the Police Department.
To avoid the appearance of a conflict, City Attorney Penman conflicted off on
this item because Fairview Ford has contributed to his campaign.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2006-9 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson. Nays: None. Absent: Council Member/Commissioner
McCammack.
21. RES. 2006-12 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the San Bernardino City Fire Department to
apply for and administer the 2007 Office of Traffic Safety (OTS) grant to
be submitted to the State of California Business, Transportation and
Housing Agency in the amount of $116,000.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2006-12 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson. Nays: None. Absent: Council Member/Commissioner
McCammack.
10 01/09/2006
22. Public Meeting - formation of a landscape maintenance assessment district
in the Northpark Boulevard and Northstar Avenue area (AD 1046 — Tract
No. 16865)
Mayor/Chairman Valles opened the meeting.
No public comments were received.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that the public meeting relative to the
formation of the Northpark Boulevard and Northstar Avenue Landscape
Maintenance Assessment District No. 1046 be closed, and protests and ballots,
if any, be carried over to the public hearing on January 23, 2006, at 4:00 p.m.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley. Nays: None.
Absent: Council Members/Commissioners Johnson, McCammack.
23. Discussion concerning development impact fees (Continued from December
19, 2005)
City Administrator Wilson stated that this item came from Council
Member/Commissioner Longville, and it was his understanding that this was the
direction that the Council was going to take. He stated that he thought the idea
was to refine and fine tune the proposal before the Council. He stated that the
Council would be hearing from a representative from the Building Industry
Association (BIA), who has concerns that he would like to state for the record.
Mr. Wilson advised that staff's goal would be to work through the issues that
the BIA has identified, working with the Council members and, hopefully,
scheduling a public hearing for the second meeting in February to adopt this fee
structure.
Council Member/Commissioner Longville stated that the Council has got to
remember that while they struggle through with the fees for new homes, which
are a complex issue, that approximately $180 million of this is for regional and
local circulation. Therefore, struggling through with the housing issues is
critical, because if that is not done you can't collect the local circulation impact
fee as well.
Carlos Rodriguez, Senior Vice President, Building Industry Association (BIA)
of Southern California, Inc., 8711 Monroe Court, Suite B, Rancho Cucamonga,
CA, stated that BIA feels that San Bernardino is uniquely positioned to
experience tremendous residential and commercial economic growth, not only
this year, but in the years to come.
11 01/09/2006
He submitted a letter dated January 9, 2006, addressed to the City of San
Bernardino. He stated that they do have some concerns and would request that
the City Council delay consideration to adopt the proposed fees so that City staff
and the consultant can review and respond to their comments and questions in a
formal workshop setting.
Mr. Rodriguez thanked Mr. Wilson and Ms. Sassoon for meeting with BIA staff
last week, as it enabled them to express some of their initial comments and
concerns. He stated that 2006 does provide a number of challenges and
opportunities, and they understand that with any growth that occurs there will be
infrastructure challenges. However, they won't be able to collect any fees if no
one is buying homes, and only 18 percent of current residents in the County can
afford the median home price. He stated that they want to pay their fair share —
that each year the building industry in San Bernardino County pays hundreds of
millions of dollars —that there is not a road or a park that is constructed in any
community without the fees that they already pay.
He advised that John Husing just completed a study for last year, indicating that
each year the housing industry provides directly and indirectly 74,000 jobs and
over $3 billion in salaries, so new home development is the catalyst for
economic growth, and he knows everyone here wants to see that growth and
prosperity in San Bernardino. He stated that they hope they have an opportunity
to look at these fees together in an efficient manner.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that staff be directed to work with the
Council members regarding their specific development fee impact adjustment
concerns, and that staff move forward to prepare the necessary resolutions and
ordinances, with the understanding that this motion does not authorize the
maximum fees specified in the consultant's report.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
24. Workshop - discuss state and federal legislative issues with Chuck Bader of
CWB Consulting and Letitia White of Copeland, Lowery, Jacquez, and
White - Economic Development Agency Boardroom
Chuck Bader of CWB Consulting prefaced his comments by saying that it had
been an honor and a privilege to work with Mayor Valles. He commended her
on the job she has done, stating that the City has benefited tremendously from
her service.
12 01/09/2006
Mr. Bader discussed the fact that 2006 is going to be a very rough year —that it
is an election year and he sensed animosity in response to the governor's State
of the State address and this is definitely going to affect what we do and how we
go about our business.
He stated that the governor's main pitch was an infrastructure bond issue;
however, the governor defined infrastructure very broadly, including freeways,
levees, hospitals, and schools. Mr. Bader added that he knows the City's
interests are transportation and water issues, and it is extremely important to
fine tune our wish list in both of those areas. He stated he would be talking to
the Council, the Mayor, and the City Manager within the next three weeks, as it
was important to have a pretty clear idea of what we want. He stated that in the
transportation area he would suggest going back to where we were with the
Alameda Corridor Projects a few years ago. He stated that when he says
Alameda Corridor, he is really talking about the I-10 corridor, both overpasses
on the railroads, and also the freeway access.
Mr. Bader advised that everyone needs to get together on this thing and make a
coordinated push to make sure we get our shots in. Both the Mayor and
Council need to push legislators (both parties), the administration, and
SANBAG. He stated that we have a responsibility to look out for the needs and
the interests of this city, and we need to have our wish list put together and
make sure we advocate it in about three or four different areas, including with
our congressmen.
Mr. Bader went on to say that eminent domain is going to be one of the major
philosophical issues that the legislature is going to have to come to grips with,
and it affects the City's redevelopment program very directly. The issue is that
Tom McClintock, a conservative republican running for lieutenant governor,
has picked up on the lawsuit that the Supreme Court decided here six months
ago and is running both a bill and a constitutional amendment to prohibit the use
of eminent domain to take private property for economic development by
another private entity. In other words, strip the redevelopment agencies, in
particular, of the right to use eminent domain for economic development
purposes.
He stated that this was a substantial change, and in order to head off this
initiative, the democratic leadership in the legislature have come up with a
number of bills that would prohibit the use of eminent domain to take private
residential property, clearly leaving available commercial property. So, that's
the difference --whether it's just residential or whether a ban would include
commercial property.
Mr. Bader stated that the City will probably have to take a position on this
issue. It will be an issue on the ballot, citizens of San Bernardino will be voting
on it, and it affects City governments' powers directly.
13 01/09/2006
Mr. Bader also discussed Seccombe Lake, stating that they have been working
diligently to try to swap deed restrictions so the City can develop and clean up
Seccombe Lake Park. He advised that this must be done because there are deed
restrictions that say it can only be used for park purposes forevermore. He
stated that Joe Baca, Jr. has a bill, AB 1457, that would provide the legislation
necessary to make that happen —that to get that signed we need sign -off from the
administration.
Mr. Bader stated that the last point he would make had to do with the LAMBRA
issue —Norton Air Force Base conversion and development. He stated that they
have a LAMBRA (Local Agency Military Base Renewal Authority) set up,
which is almost identical to an enterprise zone, which allows IVDA to grant
both property tax and corporate tax relief for people hired in a LAMBRA area.
It's designed to provide incentives for the redevelopment of Norton Air Force
Base. He stated that they have brought forward a bill and think they can handle
it administratively rather than legislatively.'
Mr. Bader offered to set up a tour at the former base so the Mayor and Council
could see what is being done. He stated that it is pretty impressive, using a two -
track approach —one track being the commercial development and the other
track is the development of the air base itself, which is a problem.
Mr. Bader closed by stating that the big issue that needs to be focused on is the
infrastructure issue —and that is the primary message he wanted to bring to the
Mayor and Council today.
Letitia White of Copeland, Lowery, Jacquez, and White stated that CLJ has
been the City's Washington advocate since 2002, and they were very honored to
be able to work with the community. She submitted a document titled, Federal
Funding Request Projects, Fiscal Year 2003-2006, which listed just some of the
priorities that they worked on. She stated they were very grateful to
Congressman Lewis and to Congressman Baca for the attention that they placed
on the priorities the City set.
Ms. White stated that they try to look for federal opportunities, predominantly
in the appropriations process; however, staff had mentioned that they would like
them to try to spend a little more time looking for grant opportunities and they
have been doing that also.
She advised that Congress finished up its work on December 22 and is currently
in recess; however, the president's budget will be transmitted to the Congress
on the 7' of February, and then for the next few months it's important to pull
the priorities together.
14 01/09/2006
She stated that they have worked on Lakes and Streams, which has been a very
high priority, and the COPS Program. Also, they were very fortunate this year
that the Congress finally passed a transportation re -authorization bill where there
was $75 million for the Inland's goods movement, which also facilitates the
airport; $418 million for the Santa Fe Depot; and $1.6 million for State
Street/Cajon Boulevard. She stated that they will be working with City staff to
be sure that they can be as helpful as possible as these transportation programs
go forward.
Ms. White provided a short synopsis of how the year will go. She also advised
that when the Congress did the reconciliation bill this year, and they were trying
then to cut some mandatory programs and some discretionary programs, they
approved a 1 percent cut across the board, so that will be reflected in a slight
reduction of those programs that were earmarked on the City's behalf for 2006.
Council Member/Commissioner Longville inquired whether the City had a
priority list for 2007.
Mayor Valles answered that they will wait for the new Mayor to come on board
and then there will be a planning session to develop priorities and recognize our
accomplishments. She stated that one of the issues nationally has always been
the funding for COPS because so much of it has gone for Homeland Security;
and although some was marked to go to communities, somehow it hasn't found
its way, and it's really created a problem in many communities, especially with
crime rising all over this nation.
No action was taken.
25. Workshop — discuss and take possible action regarding adding Police
Officer positions and the FY 2005/2006 budget - Economic Development
Agency Boardroom
Assistant Police Chief Michael Billdt provided a detailed overview of the staff
report. He explained the " 16 Police Officer Plan" brought forward by Council
Member/Commissioner McCammack at the Ways and Means Committee
meeting held on January 3, and the "Patrol Beat Plan" originally proposed by
Police Chief Zimmon, which would add 19 police officers. He stated that the
first year of the 16 Police Officer Plan would cost approximately $1,610,000,
while the Patrol Beat Plan for the same time frame would cost approximately
$2,367,000.
15 01 /09/2006
Secondly, he reviewed in detail the potential funding sources outlined in the
staff report including 1) Use of Community Development Block Grant Funds, 2)
establishment of a public safety fee on new residential development, 3) the red
light camera program, and 4) a 911 phone fee which allows municipalities to
assess a fee on all hard line and cell phone lines for 911 calls.
Relative to the red light camera program, he pointed out that there are many
variables that have yet to be determined that could potentially impact net
revenues. In fact, it has been the experience of Nestor, the company the City
contracts with for the red light program, that during the second year of the
program the tickets drop off by as much as 60 percent. He added that the
biggest potential revenue source would probably be the 911 phone fee.
Discussion ensued regarding the amount of time it takes to hire police officers
from start to finish; whether the public safety tax on new development would be
used exclusively to hire police for the area from which it is being collected, or
whether it would be used for officers throughout the city; how the 911 fee
would be assessed, etc.
Maggie Pacheco, Interim Executive Director of the Economic Development
Agency, explained in more detail the use of Community Development Block
Grant funds. She noted that every year for over 20 years the City has received
approximately $4 million in CDBG funding. She stated that 15 percent of that
amount can be used for public service, and public safety would fall under this
category as well. She noted that the City is already spending $300,000 for
social service providers, so that means the Council could spend approximately
$330,000-350,000 for public safety.
Council Member/Commissioner Longville noted that some bold, new ideas had
been brought forward. However, the fact remains that it will cost $4.5 million a
year once the whole program is up and going, on top of what is already
allocated each year for police officers. In addition, by the time the officers are
actually hired there are salary increases to be figured in as well.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Estrada, that the Mayor and Common Council direct the
Police Department to begin the process of creating 35 new positions and to
begin planning for how these officers can be acquired and explore revenue
sources for funding the positions. (The vote was taken following additional
discussion.)
Mayor Valles stated that there had been an inquiry relative to using the Police
Department overtime fund as a possible revenue source for hiring additional
officers.
16 01/09/2006
Assistant Chief Billdt explained that historically the department has used
overtime funds for a lot of different purposes including buyout expenditures
when they have officers who retire, so there really isn't any revenue available
from the overtime fund.
Council Member/Commissioner Derry made a substitute motion, seconded by
Council Member/Commissioner Kelley, that the Mayor and Common Council
spend the $4 million projected surplus for this year to create those 35 positions,
because both plans put together is $4 million, and then figure out over the next
six months to a year what budget requirements are necessary to meet the
requirement.
Council Member/Commissioner Estrada expressed concern about going in and
arbitrarily taking a four -million -dollar chunk out of the projected surplus. She
pointed out that the Council had asked the Chief to come up with a plan, which
also included a way to come up with the necessary funding. She questioned
why the Council was going through this exercise of having staff gather all this
information, if they were going to use the projected surplus for funding. She
stated that she thought it was possible to find funding without getting into the
surplus, because it had already been established that none of the officers could
be hired immediately.
Council Member/Commissioner Kelley agreed with Mr. Derry, stating that the
money is there and the Council needed to have the courage and take the
necessary action to get the process started instead of sitting around and
continuing to discuss the situation.
City Administrator Wilson noted that when they started this discussion Chief
Billdt laid out a 16 Officer Plan and another plan for 19 officers —two different
ways to go. He also laid out different ways to fund the plans. He stated that he
thought the Council needed to act on one of those two plans. However, what he
was hearing was that the Council wanted to combine the two plans and hire 35
officers. He stated that he just wanted to throw in a word of caution —that they
were talking about a huge financial hit next year, that the surplus figure was
only a very preliminary projection that was done by the Finance Director, and
he thought everyone needed to be financially responsible.
Mayor/Chairman Valles asked Assistant Chief Billdt to provide both a short-
range and long-range deployment plan. She stated that she thought it would be
irresponsible to go out and hire 35 officers right now without knowing the
certainty of the revenues and the future. She added that the City would then be
facing layoffs, because when you are planning human resources and hiring
people you must sustain them, and sustaining can only come from revenues that
you know will be ongoing in order to keep the staff that you need.
17 01 /09/2006
She stated that the Council needed to look at this carefully and pragmatically to
make sure that whatever officers we do hire, we will keep. She noted that
Assistant Chief Billdt had mentioned something about upcoming attrition figures
being part of the plan. She advised that she would be asking the Chief, and she
would put it in writing, that when he comes up with his deployment plan for it
to be short-term and long-term, given the attrition that we will be facing.
The Mayor stated that she thought the fact that the City was going to begin the
process of hiring was very important. However, the community should not
think that those officers will be on the streets by next month —although that
would be the ideal, it is not the reality. She added that we will be fully
deployed in two or three years, but it is really important to begin the process.
She commented to Mr. Derry and Mr. Kelley that she understood that
sometimes we are in a hurry to get things done immediately; but it is really
necessary to see beyond the end of that table at what could happen next year,
and the following year, to make sure that we can keep those officers. She stated
that she needed to remind everyone of the tremendous staffing needs in every
department, which ultimately moves towards public safety —things such as parks
for our kids, more lighting, and more refuse workers.
The vote was taken on the substitute motion to spend the $4 million anticipated
surplus on the hiring of 35 officers.
The substitute motion failed by the following vote: Ayes: Council Members/
Commissioners Derry, Kelley. Nays: Council Members/Commissioners
Estrada, Longville, McGinnis, Johnson. Absent: Council Member/
Commissioner McCammack.
Council Member/Commissioner Longville stated that when she made the motion
to seriously commit to 35 new officers over time, she did it based on the math in
the staff report that hiring two to three officers a month would be optimistic.
She stated that she actually agreed that some of the surplus should probably go
into funding these new officers next year; however, she didn't think it was wise
to decide to spend that money now before we know if there are new sources of
revenue that are sustainable.
Council Member/Commissioner McGinnis stated that seven years ago the City
was $5 million in debt, and through some brilliant leadership they really bit the
bullet to get the City out of deficit spending. He stated that he remembered
some of the positions that had to be given up; and he did not want to hire law
enforcement families (because you are not hiring one man, you are hiring his
entire family) and then turn around next year, or the year after, and say
somebody has to go because we are $5 million in debt again. He noted that 67-
18 01/09/2006
70 percent of the budget goes to public safety already, and there is nothing else
to cut to try and get these positions funded.
He pointed out that everybody would like 50 new officers, but the fact remains
that we need to be prudent about it and not put ourselves back in the same
position we were in seven years ago by rushing out and just spending it all and
then having to get rid of people again. He stated he didn't think there was
anything wrong with saying we want to hire 35 new officers, but we are going
to do it as the budget becomes available.
Council Member/Commissioner Kelley stated that the biggest problem is that
perhaps our priorities were just a little wrong. He advised that the City should
do four things: 1) provide for public safety —police, fire service and code
enforcement —that if we don't have safe, clean attractive neighborhoods, we are
not going to attract quality residents; 2) maintain our roads, 3) pick up our
trash, and 4) maintain our parks. He stated that those are the Council's four
priorities, but the main goal of this Council is to provide public safety, and he
thought they needed to provide public safety at all costs.
Council Member/Commissioner Johnson stated that bottom line they were here
tonight to talk about crime, and the hiring of police is a very important
component; however, during a typical week as many as 14 million children and
young people across the United States lack adult supervision during non -school
hours. He pointed out that according to the FBI, the lack of structure and
supervised after -school programs in American communities contributes to a
higher incidence of drug and alcohol use and delinquent or criminal behavior.
Also, it has been well documented that children who attend an after -school
program miss fewer days of school and show a better rate of homework
completion and school behavior, as well as higher test scores when compared
with their peers. He stressed that after -school programs are an important
component to reducing crime rates in any city.
Mr. Johnson pointed out that if you look at the cities that rank at the top of safe
cities to live in throughout the United States, they invest in their young people
by providing teen centers, strong youth athletic programs, as well as after -
school programs. He advised that if we are to make a difference in this city in
the area of crime, that is where the emphasis has to be placed —that until we
develop a system of high quality programs that will serve children during out of
school time, nothing we do will have the necessary impact.
Council Member/Commissioner Derry pointed out that the $4 million, if it had
been approved, would not have been spent all at once; and if you don't have a
position filled, you don't fund it —you carry the money over to the next year.
He stated that the revenue sources that were generated in this report are about
$3.6 million annually, once they are implemented, as projected; and that only
leaves a $400,000 projected deficit, based on that information. He stated he
19 01 /09/2006
didn't think it would be hard to get that $400,000, and that's why he thought the
Council should do it now.
According to Mr. Derry, every five years this city has spikes in crime, and that
is partly cyclical because you go out and arrest a bunch of criminals and they
get out on parole in about five years —it happens every five years. He advised
that manning a police department needs to be based on that five-year spike, not
on the five-year low, which is what we have been doing in this city for too long.
This results in burned -out officers which increases retirement rates, increases
attrition rates, and increases injury rates. He stated that this is not the way we
should be running a city; and that is why he made his motion, and he was sorry
that many of the Council members didn't agree with that.
City Clerk Clark repeated Ms. Longville's motion as follows: That the Mayor
and Common Council direct the Police Department to begin the process of
creating 35 new positions and to begin planning for how these officers can be
acquired and explore revenue sources for funding the positions.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson. Nays: None. Absent: Council Member/Commissioner
McCammack.
R26. RES. CDC/2006-1 - 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 the Rehabilitation Grant Agreement by
and between the Agency and the San Bernardino Historical and Pioneer
Society ("Grantee") for the Heritage House Museum at 792 North "D"
Street, San Bernardino (Central City North Redevelopment Project Area).
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. CDC/2006-1 was adopted by the following vote: Ayes:
Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley.
Nays: None. Absent: Council Members/Commissioners Johnson,
McCammack.
27. Public Comments
Reginald Beamon, 1504 Madison Street, San Bernardino, CA, announced that
Myesha's Circle would be sponsoring a "Walk for Change" on Saturday,
January 14, at 3 p.m. He stated that the walk would be approximately 1.5 - 2
20 01/09/2006
miles, beginning at the Church of God Prophecy on the corner of Lynwood and
Del Rosa.
Tracylyn Sharrit, 3238 Roberds Avenue, San Bernardino, CA, president of the
West Blair Park Neighborhood Cluster Association, thanked the individuals and
corporations who helped make their annual Christmas toy drive a success. She
also announced that she was retiring as president of the NCA, as she had
accepted full time employment as Director of Development for the Second
Harvest Food Bank of Riverside, California.
Jerry Perez Carrillo, 607 Cajon Street, Redlands, CA, a born again Christian,
shared his vision to go out and reach the kids in the strongholds of San
Bernardino and take the word of God out into the community. He has talked
with pastors and other Christians and they know it is a battle, which is going to
be tough and hard, but they want to give the youth something to look forward
to —to give them hope. He concluded by reading from II Timothy, Chapter 3.
Eric Avelar, 15214 Wright Court, Fontana, CA, stated that it is a good thing to
hire police officers, but he wanted to let people know that by prayer the city can
be changed. He announced a march throughout the City on March 25, from
Highland to Seccombe Lake. He stated that the only way the City will be
changed is by seeking God.
28. • Adjournment
At 6:38 p.m., the meeting adjourned. The next joint regular meeting of the
Mayor and Common Council/Community Development Commission is
scheduled for 1:30 p.m., Monday, January 23, 2006, in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California.
No. of Items: 28
No. of Hours: 5
RACHEL G. CLARK
City Clerk
By: 4G .
Linda E. Hartzel
Deputy City Clerk
21 01/09/2006