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Home My WebLink About06-Council Minutes CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris Council Members: Esther Estrada Dennis J. Baxter Tobin Brinker Neil Derry ClUJs Kelley Rilcke Van Johnson Wendy McCam11Iilck ~ MINUTES MA YOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING FEBRUARY 20, 2007 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 Morris at 1:37 p.m., Tuesday, February 20, 2007, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. Roll Call Roll call was taken by City Clerk Clark with the following being present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Johnson, McCarnmack; City Attorney Penman, City Clerk Clark, City Manager Wilson. Absent: Council Member/Commissioner Kelley. Council Member/Commissioner Kelley Arrived At 2:01 p.m., Council Member/Commissioner Kelley arrived at the Council/Commission meeting. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): 02/20/2007 City of San Bernardino v. United States of America, Department of the Army - United States District Court Case No. CV 96-5205 MRP (JGx) CV 96-8867 MRP (JGx) (Consolidated); Michael Desrochers; Steve Lowes v. City of San Bernardino, et al. - United States District Court Case No. EDCV06-l408 V AP (JCRx); People of the State of California v. Jose Luis Lopez, Jf. et al. dba the Club - San Bernardino Superior Court Case No. 134051; Pravin D. Patel v. City of San Bernardino, et al. - United States District Court Case No. EDCV98-298RT (V APx). B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (I), (2), (3) (A-F) of Government Code Section 54956.9: Inland Communities Corp. v. City of San Bernardino, et al. (Paradise Hills) 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 : Employee Contract Fire Chief Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, to promote Michael J. Conrad from Assistant Fire Chief to Fire Chief. (Note: Vote was taken during open session.) The motion carried by the following vote: Commissioner Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Council Members/ Derry, Kelley, Johnson, 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. 2 02/20/2007 G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: 40th Street Redevelopment Project Area 1. Property Address: 255 East 49th Street APN: 0154-126-02 Nel!;otiating Parties: Maggie Pacheco, Executive Director on behalf of the Redevelopment Agency, as buyer, and Frank Marques, property owner/ seller Under Nel!;otiation: Purchase price, terms, and conditions IVDA Redevelopment Project Area 2. Property Address: 167 East 2nd Street APN: 0135-291-12 Nel!;otiatinl!; Parties: Maggie Pacheco, Executive Director on behalf of the Redevelopment Agency, as buyer, and Stephen Adebowale, property owner/seller Under Negotiation: Purchase price, terms, and conditions Central City North Redevelopment Project Area 3. Property Address: 708 and 720 West 4th Street APN: 0134-093-45 Nel!;otiatinl!; Parties: Maggie Pacheco, Executive Director on behalf of the Redevelopment Agency, as buyer, and Chiyo Lapham, property owner /seller Under Nel!;otiation: Purchase price, terms and conditions 4. Property Address: 746 West 5th Street, San Bernardino APN: 0134-054-07, 08 and 09 Nel!;otiating Parties: Maggie Pacheco, Executive Director on behalf of the Redevelopment Agency, as buyer, and Richard P. Chalk on behalf of The Salvation Army, property owner/seller 3 02/2012007 Under Negotiation: Purchase price, terms, and conditions 5. Property Address: 755 West 5th Street, San Bernardino APN: 0134-093-40 Negotiating Parties: Maggie Pacheco, Executive Director on behalf of the Redevelopment Agency, as buyer, and Premila D. Patel, Dashrath B. Patel, Sweta S. Patel, Trustee of the Sweta S. Patel Living Trust, property owners/ sellers Under Negotiation: Purchase price, terms, and conditions City Attorney Penman announced that the following additional cases would be discussed in closed session: Smith, et al. v. City of San Bernardino - United States District Court Case No. CV06-860 V AP (CTx); Glander v. City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 123858; J.R., et al. v. City of San Bernardino - United States District Court Case No. EDCV 05-1045 (JWJ); and Negrete v. City of San Bernardino - United States District Court Case No. EDCV 06-1047 YAP (OPx). Reading of Resolutions & Ordinances Deputy City Clerk Sutherland 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 Rabbi Emeritus Hillel Cohn, followed by the pledge of allegiance, led by Council Member/Commissioner Johnson. Moment of Silence Mayor/Chairman Morris expressed condolences to the family and requested a moment of silence in memory of Ronald K. Collins, Fifth Ward appointee to the Community Television Commission. 2. Appointments There were no commission appointments. 4 02/20/2007 3. Presentations The following individuals were presented a service pin award by Mayor Morris in recognition of their many years of dedicated service to the City. Name Erica Lithen Brian Foote Oscar Jimenez Leobardo Sanchez Robert Oquendo Chief Larry Pitzer Jason Suarez Yvette Freeman Ophelia Roop Debra Alvillar Erick Bennett Blanca Wee Eng Daniel Gomez Francisco Gonzalez Richard Lawhead Deborah Lewis Sharon Powell Gary Schuelke 4. Announcements Department Code Compliance Development Services Facilities Management Facilities Management Fire Fire Information Technology Library Library Police Police Police Police Police Police Police Police Police Years of Service 15 5 5 5 30 10 15 5 10 15 5 10 15 5 15 5 15 15 Announcements were made by the Mayor, members of the Common Council, and other elected officials regarding various civic and community events and activities. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, 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, Baxter, Brinker, Derry, Kelley, Johnson, McCarnmack. Nays: None. Absent: None. 5 02/20/2007 6. Claims & Payroll Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated February 2, 2007, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 7. Personnel Actions Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the personnel actions, as submitted by the Chief Examiner, dated February 16, 2007 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 by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 8. ORD. MC-1240 - An Ordinance of the City of San Bernardino amending Chapter 19.06 (Commercial Districts), Sections 19.06.010 (2) (K) and 19.06.030 (2) (H) of the San Bernardino Municipal Code (Development Code) related to drive-thru restaurants requirements. FINAL READING. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said ordinance be adopted. Ordinance No. MC-1240 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 9. RES. 2007-46 - Resolution of the City of San Bernardino authorizing and directing the execution of an acknowledgement of a Lease between the Metropolitan Water District of Southern California and Pine Trails Partners, LLC, relative to a proposed Assessment District in the Pine Avenue and Redwood Street area, Tentative Tract No. 17716. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. 6 02/20/2007 Resolution No. 2007-46 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 10. RES. 2007-47 - Resolution of the City of San Bernardino authorizing and directing the execution of a Right of Way Contract for a temporary construction easement with the State of California for property generally located at the northeast corner of Valley Street and Walkinshaw Street relative to the widening of the 1-215 Freeway. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-47 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 11. RES. 2007-48 - Resolution of the City of San Bernardino making application to the Local Agency Formation Commission for providing City sewer services to property within unincorporated territory located at 4102 North "F" Street. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the Director of Development Services be authorized to initiate proceedings for the provision of City sewer services outside of City boundaries for property located at 4102 North "F" Street; and that said resolution be adopted. The motion carried and Resolution No. 2007-48 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 12. RES. 2007-49 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement for Services with and issuance of a Purchase Order to Letner Roofing Co. for the Norton North Community Center roof replacement in the City of San Bernardino per RFQ F-07-23. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-49 was adopted 'by the following vote: Ayes: Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, McCammack. Nays: None. Absent: None. Council Joi}nson, 7 02/20/2007 13. RES. 2007-50 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Arias & Lockwood and the City of San Bernardino in the case of People v. Lopez and Cardenas, et al. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-50 was adopted by the following vote: Ayes: Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, McCammack. Nays: None. Absent: None. Council Johnson, 14. RES. 2007-61 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute Amendment No. 7 to the Agreement with the San Bernardino City Unified School District to provide contractual services for seventeen (17) Creative Before & After School Programs for Success (CAPS), at school district sites for the period July 1, 2006 through June 30, 2007 and ratifying all action taken between July 1, 2006 and the approval of the resolution. City Attorney Penman declared a conflict due to the fact that his wife is a member of the San Bernardino City Unified School District Board of Education. He advised that Mr. Sabo had reviewed and signed the resolution and agreement. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2007-61 was adopted by the following vote: Ayes: Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, McCammack. Nays: None. Absent: None. Council Johnson, 15. RES. 2007-51 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute a Professional Services Agreement with RJM Design Group, Inc., in the amount of $200,000.00 for the purpose of developing a Park, Recreation, Trails and Open Space Facilities Master Plan. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-51 was adopted by the following vote: Ayes: Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, McCammack. Nays: None. Absent: None. Council Johnson, 8 02/20/2007 16. RES. 2007-52 - Resolution authorizing the Mayor to execute Amendment No. 3 to the services agreement between the City of San Bernardino and New Hope Missionary Baptist Church to provide community services at the New Hope Family Life Center and ratifying all action taken between February 1, 2007 and the approval of the resolution. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-52 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 17. RES. 2007-53 - Resolution of the City of San Bernardino authorizing the Chief of the San Bernardino Police Department to execute a Memorandum of Understanding with the California State University San Bernardino Police Department. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-53 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 18. RES. 2007-54 - Resolution of the City of San Bernardino authorizing the Chief of Police to execute a Memorandum of Agreement and Understanding with the State of California to participate in the California Counter Drug Procurement 1033 Excess Property Program. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-54 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 19. RES. 2007-55 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and purchase order in the amount of $27,000.00 between the City of San Bernardino and Consolidated Electric Distributors for the purchase of a variety of parts needed to repair the street light systems and signal intersections. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. 9 02120/2007 Resolution No. 2007-55 was adopted by the following vote: Ayes: Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, McCammack. Nays: None. Absent: None. Council Johnson, 20. RES. 2007-56 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement and Purchase Order in the amount of $57,242.18 between the City of San Bernardino and Iteris for the purchase pursuant to 3.04.010 B.3. of upgraded video detection systems utilized by the Public Services Department, Street Division. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-56 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 21. RES. 2007-66 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and purchase order in the amount of $320,000.00 between the City of San Bernardino and American Asphalt South, Inc. pursuant to 3.04.010 B.3 for completion of the Fiscal Year 2006-2007 Slurry Seal Program and exempting such purchase from the formal contract procedures of Section 3.04.010 of the Municipal Code pursuant to Section 3.04.010, Subdivision B.2. of said code. Council Member/Commissioner McCammack stated that she understood that the price per cubic yard for slurry seal has gone down over the past several months and she questioned whether the City should go out to bid. City Manager Wilson suggested that this matter be postponed until the end of the meeting in order to give staff an opportunity to verify whether the per cubic yard cost has changed and whether there are local vendors who can do this kind of work. City Manager Wilson submitted into the record a list of local vendors and the current prices for slurry seal. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. 2007-66 was adopted by the following vote: Ayes: Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Nays: Council Member/Commissioner McCammack. Absent: None. Council Johnson. 10 02/20/2007 22. RES. 2007-57 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement and purchase order in the amount of $85,228.10 between the City of San Bernardino and Wastequip for the purchase of 3 and 4-yard commercial and residential dumpsters utilized by the Public Services Refuse Division. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-57 was adopted by the following vote: Ayes: Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, McCammack. Nays: None. Absent: None. Council Johnson, 23. RES. 2007-58 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement and purchase order in the amount of $95,457.88 between the City of San Bernardino and Wastequip for the purchase of commercial and residential roll-off refuse bins utilized by the Public Services Department, Refuse Division. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-58 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 24. RES. 2007-59 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and an increase to annual purchase Order Number 207425 in the amount of $112,526.00 to Rehrig Pacific Company for the purchase of automated carts for residential refuse services throughout the City of San Bernardino. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-59 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 25. RES. 2007-60 - Resolution authorizing the execution of a purchase order to Fairview Ford of San Bernardino for the negotiated purchase to refurbish six (6) frontloader refuse trucks, complete with new F.F. Gomez Inc. refuse bodies, to be utilized by the Public Services Department Refuse Division. 11 02/20/2007 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2006/07 adopted budget and appropriate $305,900 from the unappropriated Refuse Fund balance into Account No. 527-413-5601, (Refuse garage charges) and amend the Fleet budget (Revenues and Expenditures) in a like amount. The motion carried and Resolution No. 2007-60 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 26. Annual audit of the Water Department's Water and Sewer Utilities for the fiscal year ending June 30, 2006 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Common Council receive and file the Annual Audit of the Water Department's Water and Sewer Utilities for the fiscal year ending June 30, 2006. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 27. RES. 2007-62 - Resolution of the City of San Bernardino ratifying the submittal of two Indian Gaming Local Community Benefit Committee grants in the amount of $1,537,287.60 and $1,082,700.00 respectively, and authorizing the expenditure of said grants for street improvements and designated law enforcement purposes as outlined in the grant budgets. Council Member/Commissioner McCammack stated that she had to abstain on this matter due to the fact that San Manuel is one of her clients. She left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-62 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Abstentions: Council Member/Commissioner McCammack. Absent: None. 12 02/20/2007 28. RES. 2007-63 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of a grant application to the California Department of Corrections and Rehabilitation, Division of Community Partnerships authorizing the Mayor to execute the grant contract, and authorizing the Mayor's Office to administer the inter- governmental partnership Prison Reentry Planning Grant. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. (Note: No vote was taken.) Council Member/Commissioner McCammack indicated that the Mayor had stated that no match was required to be made by the City, yet the staff report showed an in-kind match of $99,000 that consisted of costs for electricity, telephone, photocopying and related staff time. Kurt Wilson, Director, Office of Community Safety and Violence Prevention, stated that the in-kind match of $99,000, which is split between the City of San Bernardino and Goodwill Southern California, is intended to address staff time as well as use of the copy machine and the telephone in the Mayor's Office. Council Member/Commissioner McCammack stated that she agrees that the need to address parolees reentering our community is an important one; however, the need to address it via municipal funds is not the appropriate way to spend municipal funds since this is really a California Department of Corrections (CDC) and a parole issue, which is a State funded agency. Understanding the Mayor's desire to come up with a plan to start to address the parolees reentering the community, Ms. McCammack suggested that they accept this grant and that they write a model for reentry that includes applying ankle bracelets to the parolees that are going to participate in this program. She stated that their activities could be monitored to make sure they are working so they can become productive members of society. Council Member/Commissioner McCammack made a substitute motion, seconded by Council Member/Commissioner Derry, that the grant be accepted, and that parolees reentering the community be required to wear ankle bracelets. (Note: The vote was taken following further discussion.) Mayor/Chairman Morris stated that to suggest to the secretary of the CDC that we will accept the grant only upon the condition that all these parolees be harnessed with a GPS device would put us out of the game. He suggested that the Council not attempt to prejudge what we will do with this planning grant and how we will begin to work with this problematic population as they come back to our community. Mayor Morris noted that the ankle bracelets are costly both in terms of the technology as well as the reduced case load required to track parolees. He 13 02/20/2007 stated that it is appropriate to ankle certain violent parolees and certain sex offenders and he understood that the Governor is moving in that direction. Mayor Morris explained that this is a modest planning grant which would allow the City to spend the next 12 months with members of the community like Goodwill Industries, who are commissioned by the CDC to provide jobs to returning parolees, to plan a coordinated collaborative plan to help these people. He stated that without some plan to assist these people they are going to re-offend and our citizens will be the victims. Council Member/Commissioner Johnson stated that the plan will dictate whether we need the GPS, and as they develop the plan they might see the need to monitor all 2,088 parolees or only a percentage of those parolees. Council Member/Commissioner McCammack stated that it is the State's responsibility to train, rehabilitate and counsel prisoners while they are in prison and it is not local government's responsibility to do those things once they are out. She indicated that she was concerned that this would tap the already stretched taxpayer's dollar. Mrs. McCammack stated that this grant with the planning model will require additional funds and she indicated that she is concerned that we will get stuck with the bill. Kurt Wilson agreed that it is the State's responsibility to operate the prison and parolee system, but that system has failed despite a $10.2 billion budget, which means that we have to bear the burden. As far as our local dollars, it is our police department who has to go out and capture those folks and for our police department to go after and capture a two-striker who has been on parole is not only very costly, but it is also very dangerous. He stated that he could appreciate the Council's concern and suggested that the concept of the ankle bracelet is something they could take into consideration. Mr. Wilson stated that if they make a change at this point it is uncertain as to what will happen. He stated that only two grants were issued in the State of California. He noted that once the actual plan is completed and we have a plan in hand, the idea is that ultimately we will see some State funding. He stated that there are a myriad of State grants that have now opened up on this issue. Mr. Wilson stated that if a plan had been in place, we would have been able to compete for $500,000 per year to implement that grant. Unfortunately, we were not prepared at that time and did not have a plan ready to go by the December 5 deadline. Mayor/Chairman Morris stated that parolees are in our City whether we like it or not and the question is how are we going to deal with it. He suggested that we could deal with it as we have in the past, which is to turn our heads and ignore it, or we could formulate a plan. 14 02/20/2007 The substitute motion failed by the following vote: Ayes: Council Members/ Commissioners Derry, Kelley, McCammack. Nays: Council Members/ Commissioners Estrada, Baxter, Brinker, Johnson. Absent: None. The original motion made by Council Member/Commissioner Estrada, seconded by Council Member/Commissioner Baxter, was approved and Resolution No. 2007-63 was adopted by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Kelley, Johnson. Nays: Council Members/Commissioners Derry, McCammack. Absent: None. 29. RES. 2007-64 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing submittal of the application for Waste Tire Cleanup and Amnesty Event Grant funds from the California Integrated Waste Management Board. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-64 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 30. An Ordinance of the Mayor and Common Council of the City of San Bernardino amending in its entirety Title 14, Chapter 14.08 of the City of San Bernardino Municipal Code regulating Cable, Video, and Telecommunications Service Providers. FIRST READING Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 31. An Ordinance of the City of San Bernardino amending Section 6.01.020 and adding new Sections 6.01.160, 6.01.170, 6.01.180 and 6.01.190 to Title 6 of the San Bernardino Municipal Code requiring mandatory spay/neuter of dogs. FIRST READING The following individuals spoke in favor of the proposed ordinance: Lisa Kennedy, 816 E. Highland Avenue, San Bernardino, CA; 15 02/20/2007 Susan Benevy, 747 E. Lynwood, San Bernardino, CA, Chairman of the Animal Control Commission; .and Jim Ruester, Executive Director of the Humane Society, 374 W. Orange Show Road, San Bernardino, CA. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 32. Resolution of the Mayor and Common Council authorizing the Mayor to execute an Agreement between the City of San Bernardino and the Public Safety Academy for use of the Norton Recreation Center Gymnasium for the period of January 1, 2007 through December 31, 2007 and ratifying all action taken between January 1, 2007 and the approval of the Resolution. (Continued from February 5, 2007) Note: No resolution was distributed with the backup materials. Staff requested that this matter be tabled. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Estrada, that the matter be tabled. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 33. Budget amendment approving the remainder of the Measure Z Expenditure Plan for FY 2006/07 and adopting Measure Z Oversight Committee roles and responsibilities and Measure Z Expenditure Policy (Continued from February 5, 2007) Rabbi Hillel Cohn, 3947 Ironwood Street, San Bernardino, CA, urged members of the City Council to support the allocation of portions of the revenue gained from the sales tax increase that was approved by the voters as part of Measure Z so there can be adequate funding for the important programs of crime prevention to go along with the efforts of crime intervention and suppression. These crime prevention programs include providing after school programs and job training. He stated that in addition to more police there needs to be effective programs to occupy our youth. Rabbi Cohn stated that some of the revenue produced by 16 02/20/2007 Measure Z should be used to create and/or maintain programs run by existing non-profit agencies, City entities, or newly created entities such as Operation Phoenix. Debbi Matley, 380 W. 17th Street, San Bernardino, CA, spoke in support of youth prevention programs. Gloria Anderson, Representative of the League of Women Voters, 568 N. Mountain View Avenue, San Bernardino, CA, stated that the voters made it clear that they want Measure Z revenues to be spent on funding more police officers and anti-gang/anti-crime operations including drug resistance education and supervised after-school youth activities. She stated that community-based organizations including non-profits and churches that currently provide services probably cannot meet the needs without additional funding that could come from Measure Z revenues. She urged the Council to make a long-term commitment to fund a variety of programs that will help solve San Bernardino's serious crime problem, particularly community-based programs, to divert youths from gangs and drugs and provide healthy, safe alternatives to delinquent behavior. Linda Pederson, 2939 N. Stoddard Avenue, San Bernardino, CA, spoke In support of programs for youths. Joe Ortiz, 387 W. 25th Street, San Bernardino, CA, stated that parents and grandparents need to provide values for their kids-it is not the job of the taxpayers to raise these kids. He stated that there are already programs available for children in the City such as the YMCA, Boys and Girls Club, church organizations, etc. He stated that the 20-block area of Operation Phoenix has been very successful, but he wondered where that program would be without the Police Department. Mr. Ortiz indicated that that is what he voted for. Dr. Ernest Garcia, 3660 N. Juniper Drive, San Bernardino, CA, urged the Council to practice planning and intervention in the reduction of crime. Rev. Bronica Martindale, 2204 Hanford Court, San Bernardino, CA, Representative of the California Gardens Neighborhood Cluster Association, stated that she voted to fund more police officers and support personnel and also to fund anti-gang and anti-crime operation including drug resistance education and supervised after-school youth activities. Reverend Terry Elliott, 1895 Del Rosa Avenue, San Bernardino, CA, stated that something has to be done with the young people in this City, and if they can do it with the meager budget of a church, then certainly this Council could put some money back into the community. 17 02/20/2007 Doug Rowand, President of Arrowhead United Way, 646 N. "D" Street, San Bernardino, CA, encouraged the City Council to support funding for youth programs with Measure Z funds. He stated that he fully supports the Police Department and acknowledges their excellent work in carrying out their difficult tasks. Mr. Rowand stated that if families are not preparing our kids and they do not participate in church or temple, that leaves only one alternative-youth programs. Robert Rego, 5856 Merito Avenue, San Bernardino, CA, stated that it is important that we establish benchmarks with full quantitative and qualitative analysis pre- and post-funding of these programs. He stated that we must ensure that Measure Z is wisely spent-we will not get another chance. Bishop Harvey Jones, Book of Acts Church, 7480 Sterling A venue, San Bernardino, CA, gave a brief history of his church and the youth programs they offer. James Marshall, 1360 Colorado Street, San Bernardino, CA, stated that he would like to see the PAL centers included. He stated that San Bernardino does not talk tough enough to gangs. Betty D. Anderson, 1665 Magnolia Avenue, San Bernardino, CA, stated that she is pleased that this measure will provide funds for both the Police Department and the youth. Bishop Kenneth Wells, 2455 Willow, San Bernardino, CA, Pastor of Spirit of Love Christian Church, spoke in support of organizations that are making a difference in the community working with youth. Jim Mulvihill, 407 W. 25th Street, San Bernardino, CA, spoke in support of the issue. John Futch, 31168 Slate Street, Mentone, CA, stated that he thinks the strongest cities are the ones that have programs for their youth because that is the City's future. Susan Longville, former Second Ward Councilwoman, stated that she was disappointed that the City Council was considering only allocating $75,000 to youth programs. Johnny Bell, 305 E. 40th Street, San Bernardino, CA, performed a rap song denouncing drugs, gangs and violence. 18 02/2012007 Father Robert Miller, 1201 E. Highland Avenue, San Bernardino, CA, Pastor of Our Lady of Hope, affirmed his support of the need for intervention and prevention programs for youth in San Bernardino. Henry Hickey, 2544 W. 3rd Avenue, San Bernardino, CA, stated that he prays that the Council will place its youth in the forefront. Gertrude S. Freidel, 223 E. 47'" Street, San Bernardino, CA, stated that we pay for prisons and she would much rather pay for prevention. She advised that adding more police would not necessarily mean that crime statistics will go down. Pastor Ray Turner, 3193 N. Mayfield, San Bernardino, CA, Pastor of Temple Missionary Baptist Church, stated that he is disappointed with the meager amount of monies that remain to support youth programs in our community. James Ramos, President of the Home of Neighborly Service, San Bernardino, CA, stated that he supports youth intervention programs. Reverend Reginald Beamon, 1730 W. Gilbert Street, San Bernardino, CA, stated that he supports the $75,000 for the PAL program. Walter A. Jarman, President of the San Bernardino branch of the NAACP, 1505 W. Highland Avenue, #11, San Bernardino, CA, cautioned the Council against sidestepping the voters' wishes by not using some of the money for intervention and prevention. He feels it is important to pay attention to the content and intent of Measure Z. Natalie Sellers, 7746 McKinley Street, San Bernardino, CA, stated that she would like some of the money from Measure Z to help fund Parks and Recreation. Tyquisha Golden, 1576 W. Kingman Street, San Bernardino, CA, stated that the Ruben Campos Community Center offers many activities for boys and girls. She stated that the center has kept her off drugs and off the streets. Steven Young, 1754 W. 7'" Street, San Bernardino, CA, stated that he is the captain of the basketball team at the Ruben Campos Community Center. He stated that several of their clubs need money so they can do more activities. Mike Kennedy, 3895 Mountain Avenue, San Bernardino, CA, stated that he had worked for San Bernardino County for 20 years as the alcohol program administrator to develop prevention, intervention and recovery programs for people with alcohol and drug problems. He stated that he believes there is a connection between the escalation of violence and abortion. 19 02/20/2007 Tala Coffin, 5645 N. Edgemont Drive, San Bernardino, CA, stated that he supports the Ruben Campos. Community Center and is disappointed with the percentage of funds the City is giving to Parks and Recreation for youth programs. Mary Horn, 5645 Edgemont Drive, San Bernardino, CA, stated that she voted on this Measure to address both concerns-the concerns of law enforcement as well as our youth. She noted that we must utilize the funds for both, but it must start with the youth with the hopes that law enforcement will not be so stretched in our community. She stated that these programs may not save every single youth, but even to save one is an investment. The youth are our future leaders, doctors, lawyers, educators and perhaps a mayor. She was proud to say that she is the product of a youth service group. Esther Jimenez, 1542 Union Street, San Bernardino, CA, stated that she voted for Measure Z and she is also a product of youth programs. She stated that as children they were able to purchase drugs, alcohol and fireworks on the streets, and if it wasn't for the Teen Opportunity Center at Nunez Park and the Ruben Campos Community Center, she wouldn't have had the opportunity to learn that there was another kind of life out there. Danny Flores, 2060 Mesa Street, San Bernardino, CA, stated that all these different youth programs must be provided for financially. Bertha Sellers, 7746 McKinley Avenue, San Bernardino, CA, stated that she is a parent of two members of the Wests ide Steppers Drill Team. She stated that many of the youth in this community are lost and they need these programs. Matthew Ulloa, 579 Tia Juana Street, San Bernardino, CA, stated that he has been going to the Ruben Campos Community Center for over two years. He stated that they taught him how to play basketball and he is on the basketball team. Dominic Chism, 1557 5th Street, San Bernardino, CA, stated that he has been going to the Ruben Campos Community Center for three years and they encourage him to do well and have fun. He stated that if they lose this center, he will feel like he has lost part of his life. Alexandria Sellers, 7746 McKinley Street, San Bernardino, CA, requested funding for the Wests ide Steppers. La Shonae Mason, 635 N. Rosalind Street, Rialto, CA, stated that she would like some of the money from Measure Z to go to the San Bernardino Westside Steppers because this is a teen prevention program to get teens active in the 20 02/20/2007 community. She stated that the Wests ide Steppers promotes health and nutrition and keeps them off the streets. Hannah Okmiyan, 1049 N. Burncy Avenue, Riaito, CA, requested funding for the San Bernardino Wests ide Steppers. She stated that they become better leaders and they enjoy being in competitions. Sharhonda Mason, 635 N. Rosalind Street, Rialto, CA, requested funding for the San Bernardino Westside Steppers. She stated that the money would be used to help pay for uniforms and buses to travel to activities and events. Audrey Davis, 635 N. Rosalind Street, Rialto, CA, stated that it is hard raising teenagers and they really need programs like the Wests ide Steppers to help them out. She stated that they do a lot of fundraisers and they are trying to get more youth involved. Jean W, Powers, 3850 E. Atlantic Avenue, #267, Highland, CA, believes that our youth are very important and they have a legitimate claim. She stated that she voted for Measure Z and she feels as if her vote would be taken away if the funds that were intended for prevention and intervention are taken away and are used exclusively for law enforcement. Reverend Stephen Vines, New Hope Missionary Baptist Church, San Bernardino, CA, stated that the City should look at community policing. Blanca Ortega, 2122 N. Dumbarton Street, San Bernardino, CA, representing Inland Congregations United for Change (ICUC) , stated that Measure Z was intended for everyone. Gregory Woods, 1505 W. Highland Avenue, San Bernardino, CA, representing Project Action and New Hope Missionary Baptist Church, spoke in support of community service programs. He stated that more police officers means more inmates. Cliff Duncan, 1314 Date Street, San Bernardino, CA, music pastor at Ecclesia Christian Fellowship, spoke in support of music programs for children. Council Member/Commissioner Estrada stated that in past years when money was very tight in San Bernardino, they have committed funds to a number of programs, and even in today's budget they have spent over $1 million in youth programs. She stated that she is of the opinion that the balance of these funds should be used for youth programs because she believes it is incumbent upon them to fight crime and make a better life for the community through suppression, prevention and intervention. She noted that in one year it is anticipated that the City will collect over $5.5 million of Measure Z money, and 21 [J}./20/2007 her preference is that they dedicate a minimum of 10 percent for youth programs, possibly even 15 percent, due to the need. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the balance of the Measure Z revenues in the amount of $114,000 be spent on the Police Activities League (PAL) program and the recreation program enhancements. (Note: No vote was taken.) Council Member/Commissioner Brinker stated that he still supported the idea of getting bullet proof vests and tasers for police officers because they need them, but at the same time he believes we need to fund youth programs. He stated that at a previous meeting he had stated that he felt the Mayor had not allocated enough money and he pledged to spend up to $300,000 on youth programs and suggested that it be taken from the General Fund. Mr. Brinker stated that his commitment is that in the next budget he will commit to spend between 10 and 15 percent on youth programs from Measure Z. Council Member/Commissioner Johnson stated that those who voted for the ballot measure and did not read the ballot measure in the voter's guide, voted with a lack of knowledge-they voted uninformed. He stated that the reason he actively campaigned for this measure was because it would not only put the number of police on the street that is needed to keep our City safe, but it would also address the needs for anti-gang and anti-crime operations. Mr. Johnson stated that they are obligated to adhere to the will of their constituents. He stated that he believed that $114,000 is not a lot of money to devote to suppression and intervention. Council Member/Commissioner Brinker stated that the Council had declared a crime emergency in this City in order to get this Measure passed. He stated that he felt it is important to deal with the needs that exist in the Police Department first and then they could begin to make those long-term decisions to help these kids and these programs in the next budget. Council Member/Commissioner Derry stated that the Police Department will have needs beyond this year's budget. He suggested that the City partner with non- profits in the future and revamp the CDBG program and make sure the money is targeted. He stated that what they should be looking at are one-time funding mechanisms to help non-profits build up their own capacity so they can sustain those efforts in the future to continue those programs because Measure Z money isn't going to be there, and General Fund money, depending on what the State Legislature does in the next couple of years, is not going to be there either. Council Member/Commissioner Derry made a substitute motion, seconded by Council Member/Commissioner Kelley to use $114,000 this year to buy personal safety equipment for the Police Department. (Note: No vote was taken.) 22 02/20/2007 ,- 'Lr. Discussion ensued regarding crime reduction and funding for youth programs and organizations. Council Member/Commissioner Derry amended his motion, seconded by Council Member/Commissioner Brinker, that the Director of Finance be authorized to transfer $114,000 from the General Fund Reserve to fund the Police Activity League (PAL) in the amount of $75,000 and the Parks and Recreation budget in the amount of $39,000. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 34. Workshop - 5:00 p.m. in the Council Chambers - report on Operation Phoenix activities from the City of San Bernardino, the County of San Bernardino and California State University San Bernardino Note: No backup material was distributed. Due to the large number of public speakers on Agenda Item No. 33, Mayor/Chairman Morris suggested that the workshop be continued to the next Council meeting. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/ Commission meeting of March 5,2007, at 5 p.m. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. COMMUNITY DEVELOPMENT COMMISSION Staff present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk Clark, Economic Development Agency Executive Director Pacheco. Absent: None. R35. 2007 Property Owner Participation Agreement (OPA) - Inland Behavioral and Health Services, Inc., at 655 North "D" Street, San Bernardino (Central City North Redevelopment Project Area) 23 02/20/2007 RES. 2007-65 - Resolution of the Mayor and Common Council of the City of San Bernardino making certain findings and determinations and consenting to payment for public improvements by the Redevelopment Agency of the City of San Bernardino ("Agency") related to the property at 655 N. "D" Street ("Site") pursuant to the 2007 Property Owner Participation Agreement by and between the Agency and Inland Behavioral and Health Services, Inc., (Central City North Redevelopment Project Area). (R35A) RES. CDC/2007-4 - Resolution of the Community Development Commission of the City of San Bernardino (1) approving and authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino (" Agency") to execute a 2007 Property Owner Participation Agreement by and between the Agency and Inland Behavioral and Health Services, Inc., for the development of the property at 655 North "D" Street ("Property") and (2) making certain findings and determinations thereto related to the development of the project (Central City North Redevelopment Project Area). (R35B) Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolutions A&B, be adopted. Mayor and Common Council Resolution No. 2007-65 and Community Development Commission Resolution No. CDC/2007-4 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. R36. RES. CDC/2007-5 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute the 2007 Property Owner Participation Agreement by and between the Agency and Alton C. Green and Kenneth L. Owens ("Property Owners") for the development of 3 single-family homes on the property located at 100, 114 and 122 North Allen Street ("Property") (Meadowbrook Park Revitalization Area - IVDA Redevelopment Project Area). Council Member/Commissioner Johnson stated that he had to abstain on this matter because the subject property is owned by his aunt, who is also his employer. He left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. 24 02/20/2007 Resolution No. CDC/2007-5 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, McCammack. Nays: None. Abstentions: Council Member/Commissioner Johnson. Absent: None. PLANNING 37. Appeal Hearing - Planning Commission's approval of Tentative Parcel Map No. 17052 and Development Permit II No. 04-54 to request elimination of a mitigation measure requiring a fair-share contribution to the long-term operation and maintenance of the Verdemont Fire Station - project site is located on the south side of Industrial Parkway between Cable Creek and Devil Creek in the IH, Industrial Heavy, land use district (Continued from January 22,2007) Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Kelley, that the matter be tabled. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 38. Public Comments There were no public comments. 39. Adjournment At 7:51 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, March 5,2007, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk B~ ~kJd~ Linda Sutherland Deputy City Clerk No. of Items: 39 No. of Hours: 6.5 25 02/20/2007 CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris Council Members: Esther Estrada Dennis J. Baxter Tobin Brinker Neil Derry CluJs Kelley Rikke Van Johnson Wendy McCaTflflUlck w MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING FEBRUARY 5, 2007 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 Morris at 1:35 p.m., Monday, February 5, 2007, 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 Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Manager Wilson. Absent: Council Member/Commissioner Kelley. Council Member/Commissioner Kelley Arrived At 1:39 p.m., Council Member/Commissioner Kelley arrived at the Council/ Commission meeting. 1. Closed Session A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Jamie Johnson v. City of San Bernardino, et al. - United States District Court Case No. EDCV 07-00028 (V AP) JCRx; Myisha Maxwell, et al. v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 130136; 02/05/2007 Patrick Ricks Rainey v. City of San Bernardino, et al. - United States District Court Case No. EDCV 02-768 R (SGLx). B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (I), (2), (3) (A-F) of Government Code Section 54956.9: One Case 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: Extension of Employee Contract Chief of Police 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 Employee Organization: General Unit Mid-Management Unit San Bernardino Management/Confidential Unit G. 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: Under Agenda Item No. lA, Existing Litigation: People of the State of California v. Jose Lopez, et al. - San Bernardino Superior Court Case No. SCVSS 134051; 2 02/05/2007 San Bernardino City Professional Fire Fighters Union Local 891 & Richard Lewis v. Larry Pitzer, et al. - United States District Court Case No. EDCV 00473 V AP (SGL). Under Agenda Item No. ID, Personnel: Four employees in the City Attorney's office: Suzanne Bryant, Jolena Grider, Richard Luczak, and Henry Empeiio. Closed Session Announcement Mayor Morris announced that in closed session the Council had unanimously voted to extend the contract of Police Chief Michael Billdt for an additional two years. 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 David Randolph, Chaplain at San Bernardino Community Hospital, followed by the pledge of allegiance, led by Tyisha Green of Anderson School. Moment of Silence Mayor Morris extended condolences to the families and requested a moment of silence in memory of Philip Aldama, a resident of San Bernardino for 72 years and uncle to City Clerk Rachel Clark; Miguel S. Castro, Jr., son of Miguel Castro, Custodial Supervisor in the City's Facilities Management Department; and long-time community activist Harry Carson who passed away on January 28 at the age of 77. 2. Appointments Council Member Brinker . Frank Hawkins III - Planning Commission · Angela Neuhaus - Human Relations Commission · David Rosales - Measure Z Citizens Oversight Committee Council Member Estrada · Jonathan Kuhn - Measure Z Citizens Oversight Committee Council Member Kelley . Norma Blackmon - Animal Control Commission 3 02/05/2007 Council Member Derry . Robert Evans - Measure Z Citizens Oversight Committee Mayor Morris . Philip Savage III - Measure Z Citizens Oversight Committee . Judith Valles - Measure Z Citizens Oversight Committee Council Member/Commissioner McCamrnack made a motion, seconded by Council Member/Commissioner Estrada, that the appointments of Frank Hawkins III, Angela Neuhaus, David Rosales, Jonathan Kuhn, Norma Blackmon, Robert Evans, Philip Savage III, and Judith Valles, as requested by Council Members/Commissioners Brinker, Estrada, Kelley, Derry, and Mayor Morris, be approved. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 3. Proclamations & Presentations City Attorney Penman presented a check to Mayor Morris in the amount of $597,402.95-settlement in the case of Bio-Mass v. City of San Bernardino. Rabbi Hillel Cohn invited everyone to attend an Inter-faith Festival on Sunday, February 11, from 3:00-5:30 p.m., at Roosevelt Bowl in Perris Hill Park. 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, community, and chamber events and activities. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, 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: Commissioners Estrada, Baxter, Brinker, McCamrnack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 4 02/05/2007 6. Claims & Payroll Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated January 22, 2007, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 7. Personnel Actions Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the personnel actions, as submitted by the Chief Examiner, dated January 3D, 2007, 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 by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 8. ORD. MC-1239 - An Ordinance of the City of San Bernardino amending San Bernardino Municipal Code Section 16.12.110 relating to political signs and Section 16.12.150 relating to violation-penalty. FINAL READING Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said ordinance be adopted. Ordinance MC-1239 was adopted by the following vote: Members/Commissioners Estrada, Baxter, Brinker, Derry, McCammack. Nays: None. Absent: None. Ayes: Council Kelley, Johnson, 9. RES. 2007-34 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Best, Best & Krieger and the City of San Bernardino in the matter of Garrett Zimmon, disability retirement application. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. 5 02/05/2007 Resolution No. 2007-34 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 10. Set an informational workshop for February 20, 2007, at 5:00 p.m. in the Council Chambers of City Hall to report on Operation Phoenix activities from the City of San Bernardino, County of San Bernardino and California State University San Bernardino Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that a workshop be set for February 20, 2007, at 5:00 p.m. in the Economic Development Agency Boardroom to receive a report on the Operation Phoenix activities. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, Council Member/Commissioner Estrada suggested that all members of the Measure Z Citizens Oversight Committee be apprised of this meeting so they could sit in. It was also suggested that the meeting be held in the Council Chambers rather than the EDA Boardroom. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker that the Mayor and Common Council reconsider Agenda Item No. 10. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None Ayes: Derry, Council Members/ Kelley, Johnson, Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the location for the report on Operation Phoenix activities be changed from the EDA Boardroom to the Council Chambers of City Hall. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None Ayes: Derry , Council Members/ Kelley, Johnson, 11. RES. 2007-35 - Resolution of the Mayor and Common Council of the City of San Bernardino adopting Amendment No. One to the Caltrans Disadvantaged Business Enterprise (DBE) Race-Neutral Implementation Program Agreement for Federal financial assistance projects. 6 02/05/2007 1---:-- Ii; "; :,~ ., Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-35 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 12. Authorize the lease-purchase of twenty (20) refuse trucks and three (3) street sweepers through Comerica Leasing under existing Master Lease Agreement with the City Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that the Director of Finance be authorized to lease-purchase twenty (20) refuse trucks and three (3) street sweepers (purchases previously approved by Council) through Comerica Leasing under existing Master Lease Agreement with the City; and that the Director of Finance be authorized to amend the FY 2006/2007 budget and appropriate $109,400 from the Refuse Fund balance to the following lease-payment accounts: $61,600 to Account No. 527-412-5803 (Residential); $8,400 to Account No. 527-413-5803 (Commercial); and $70,000 to Account No. 527-414-5803 (Street Sweeping). The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCamrnack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 13. Authorize the Director of Finance to establish revenue and expenditure budgets for the new Development Impact Fee funds for FY 2006/07 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the Director of Finance be authorized to establish revenue and expenditure budgets for the new Development Impact Fee funds for FY 2006/07 as indicated on Attachment I to the staff report dated February 5, 2007 from Barbara Pachon, Director of Finance. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None Ayes: Derry, Council Members/ Kelley, Johnson, 14. RES. 2007-36 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Director of Finance or designee to issue a purchase order to L.N. Curtis & Sons for self-contained breathing apparatus in the amount of $49,396.80. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. 7 02/05/2007 Resolution No. 2007-36 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 15. RES. 2007-37 - Resolution of the Mayor and Common Council authorizing execution of a Management Agreement between the City of San Bernardino and Coast Soccer League to provide management services at the San Bernardino Soccer Complex for the dates February 3-4, 17-18 and April 7- 8, 14-15, 21-22 and 28-29, 2007 and ratifying aU action taken between February 3, 2007 and the approval of the resolution. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-37 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 16. RES. 2007-39 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order to Crest Chevrolet of San Bernardino for the negotiated purchase of three (3) 2007 4WD Tahoe command vehicles to be utilized by the Fire Department. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-39 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 17. RES. 2007-38 - Resolution authorizing the execution of a purchase order to Crest Chevrolet of San Bernardino for the negotiated purchase of one (1) Pipe Hunter Truck Mounted Sewer Cleaner complete with Jet-Eye camera system to be utilized by the Public Services Department Street Division Sewer Crew. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2006/07 budget by transferring $196,700 from Account No. 132-431-5704, Miscellaneous Equipment to Account No. 132-431-5701, Motor Vehicles. 8 02/05/2007 ->,:- " The motion carried and Resolution No. 2007-38 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCanunack. Nays: None. Absent: None. 18. RES. 2007-40 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Contract with the County of San Bernardino Probation Department to participate in the grant funded Juvenile Accountability Program known as Intervention and Management of Probationer Accountability and Compliance of Terms (IMPACT). Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-40 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 19. RES. 2007-41 - 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 Rolf H. Jensen Memorial Public Education Grant to be submitted to the National Fire Protection Association. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2007-41 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 20. Item deleted 21. Item deleted 22. Receive and fIle - FY 2006/2007 First and Second Quarter Budget Reports Council Member/Commissioner McCanunack made a motion, seconded by Council Member/Commissioner Estrada, that the Mayor and Common Council receive and file the FY 2006/2007 First and Second Quarter Budget reports; that the Director of Finance be authorized to amend the FY 2006/2007 budget to place $1,979,400 of additional savings from FY 2005/2006 Year End into the Budget Reserve to replace the funds used in FY 2006/2007 for Charter 186 costs as indicated in the Charter 186 staff reports; and that the Director of Finance be authorized to amend the FY 2006/2007 budget to transfer $1,057,800 into General Fund revenues from various Trust Accounts as 9 02/05/2007 indicated in the FY 2005/2006 Year End Report and then place the $1,057,800 into the Budget Reserve to cover future anticipated revenue shortfalls. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 23. Public hearing - storm drain development impact fee RES. 2007-42 - Resolution of the Mayor and Common Council of the City of San Bernardino adopting a revised storm drain development impact fee for the City of San Bernardino. Mayor/Chairman Morris opened the hearing. City Manager Wilson provided background information, noting that it had been 15 years since this particular fee had been updated. He stated that the public hearing had been noticed at least twice in the newspaper; and staff had notified the Building Industry Association and major developers, but had received no comments either way from anyone. Me. Wilson advised that the proposed resolution would adopt the new storm drain development impact fee structure, which will generate between $1 million and $1.7 million annually in new revenues, which will go specifically for storm drain improvements throughout the city. He pointed out that the need city-wide is in the range of $350 million to fully fund the Storm Drain Master Plan, and although this is a big step in the right direction, it does not fully address financially all the needs we have throughout the city. No public comments were received. Council Member/Commissioner Derry stated that during discussions in Ways and Means Committee, this issue had been discussed in depth, and one of the things discussed was the fact that many projects create little or no runoff because of design improvements that have been made. He stated that it was mentioned by staff that certain credits would be allowed in those situations, when it made sense-that there are a lot of new technologies that are currently being used to maintain storm water runoff on-site, as well as to allow it to percolate back into the soil so it does not have an impact on the City's storm drains. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Kelley, that the hearing be closed and that said resolution be adopted. 10 02/05/2007 The motion carried and Resolution No. 2007-42 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 24. Public hearing - resolution approving the formation of a Landscape Maintenance Assessment District in the Belmont Avenue and vacated Chestnut Avenue area RES. 2007-43 - Resolution of the City of San Bernardino finding and determining the existence of less than a majority protest, that ballots submitted in favor of the assessment exceed the ballots submitted in opposition to the assessment and that the public convenience and necessity require the maintenance of landscaping in the area of Belmont A venue and vacated Chestnut Avenue, approving the Final Engineer's Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1052, ordering the work, confirming the 2007-2008 Assessment Roll, and determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. Mayor/Chairman Morris opened the hearing. City Manager Wilson advised that this was the next step in the formation of the landscape maintenance assessment district in the Belmont A venue/vacated Chestnut A venue area. City Clerk Clark advised that 55 assessment ballots had been received-53 in favor of the assessment district and 2 against. No public comments were received. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Estrada, that the hearing be closed and that said resolution be adopted. The motion carried and Resolution No. 2007-43 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 25. Resolution of the Mayor and Common Council authorizing the Mayor to execute an Agreement between the City of San Bernardino and the Public Safety Academy for use of the Norton Recreation Center Gymnasium for the period of January 1, 2007 through December 31, 2007 and ratifying all action taken between January 1, 2007 and the approval of the Resolution. (Continued from January 22, 2007) 11 02/05/2007 Note: No resolution was distributed with the backup materials. Mayor/Chairman Morris advised that the City was still awaiting receipt of a Certificate of Insurance and asked for a motion to continue said item to the next regular meeting. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McCammack, that the matter be continued to the Council/Committee meeting of February 20, 2007. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 26. Measure Z and YY Component Plan (Continued from January 8, 2007) Mayor/Chairman Morris advised that before the Council tonight was a budget amendment for expenditure of the first months of Measure Z income, initially estimated by Barbara Pachon, Director of Finance, at $1.65 million and also a revised Measure Z Expenditure Plan. City Manager Wilson stated that there were three items to discuss this evening- the first one being the roles and responsibilities of the Measure Z Oversight Committee. He stated that Attachment A to the staff report itemized the proposal developed by staff of the Committee's role, as follows: · Review expenditure plan for proceeds from Measure Z · Monitor spending · Report to voters at least once a year · Review annual Measure Z financial report . Meet on regular basis Council Member/Commissioner Kelley stated that he thought the role of the Oversight Committee should be determined by the Committee itself. He stated that one of the most important things to him was the definition of "oversight," which is defined as watchful care, overlooking. He stated that he was not prepared to adopt staff's recommendation at this point-that it is a good first step, but the Council needed to build on it and they also needed to have input from the Committee members. Council Member/Commissioner Estrada stated that she agreed with staff regarding the roles and responsibilities they were recommending for the Committee and for City staff. She stated that her understanding of what the Oversight Committee would be is an entity that will be overlooking expenditures and account for Measure Z monies. She stated that it is advisory at best-it is 12 02/05/2007 not policy making in any way, shape, or form. She stated that she would like to see one thing added to staff's responsibilities, and that would be that staff provide quarterly reports to the Mayor and Council that delineates expenditures. Council Member/Commissioner Brinker stated that in general the proposal from staff looked pretty good; however, he was concerned that the Committee would not be reviewing the expenditure plan until fiscal year 2007/08. He thought they should start that process immediately. Council Member/Commissioner Johnson stated that he had no problem with the parameters that the City Manager had outlined in Attachment A. He pointed out that over 70% of the voters approved Measure YY and they had to know what they were voting on. He stated that he thought the Council should proceed with this as outlined and recognize that the Committee is an advisory committee. Council Member/Commissioner McCarnmack stated that she had been deluged with e-mails and phone calls regarding the Oversight Committee and Measure Z. She quoted from one source who stated that he understood Measure Z to be police generated and police motivated. She stated that when the Committee was set up it was her understanding that it was a committee formed to give input (their insight) and to be advisory as to how to spend the funds. She stated that she thought the Oversight Committee needed to be a group of people that do advise the Mayor and Council on how they spend the funds. Mayor/Chairman Morris pointed out that the term "advisory" was used nowhere, either in Measure Z or Measure YY with regard to the campaign that he led for this \4 cent sales tax increase. He stated that the word that was used was "oversight" - careful oversight, careful stewardship; and the committee was never intended to advise this body on how to allocate these resources. He stated that to ask a group of citizens to tell this policy-making body how to do its job is not an appropriate way to operate; and that is not what was written in the ballot initiative and that is not what the voters expect. He stated that the professionals who guide this City should advise this Council and not a group of volunteers-that was not the intended purpose of the committee, nor is it how we should proceed. Council Member/Commissioner Derry stated that the City has many different committees and all are advisory at one point or another. He stated that he thought the Oversight Committee should have some input and that they should start immediately-not wait until the 2007/08 budget is approved. Council Member/Commissioner Estrada pointed out that this is a new entity. She noted that other commissions have had their roles defined and have been in existence for a number of years; however, these individuals have a lot of 13 02/05/2007 learning to do-they are not going to want to limit themselves to Measure Z, they are going to start asking questions about the police budget. Council Member/Commissioner Baxter stated that he agreed with Ms. Estrada, and it was important that this committee be an Oversight Committee as it was designed to be. Discussion ensued regarding the role and responsibilities of the Measure Z Citizens Oversight Committee. Council Member/Commissioner Kelley noted that it was clear there was disagreement at the table on a variety of issues regarding Measure Z funding and the YY component of the measure. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack that the Measure Z Oversight Committee Roles and Responsibilities (Attachment A) and Measure Z Expenditure Policy (Attachment B) be adopted; and that the Measure Z Oversight Committee be convened within two weeks and that they work with staff to define their role and mission statement and to elect officers. (Note: The vote was taken following discussion and public comments - see page 15.) Council Member/Commissioner Estrada stated she was concerned about the Committee defining their own role, but she had no problem with calling for the first meeting of the group. However, she questioned what the Chief was to do in the meantime. Council Member/Commissioner Estrada made a substitute motion, that the Mayor and Council authorize the Director of Finance to amend the FY 2006/07 adopted budget and increase General Fund Revenues (Account #001-000-4227 - Measure Z Sales Tax) by $1,650,000 and to also increase the Police Department expenditure budget by $1,611,000 and Parks expenditure budget by $39,000 for a total General Fund expenditure increase of $1,650,000 as reflected in the line- item budgets attached to the staff report dated February I, 2007, from Fred Wilson, City Manager. Council Member/Commissioner Estrada withdrew her motion. Cheryl Brown, a resident of San Bernardino, stated that she had been involved in commissions for years and years, and one of the things that happens is that people do not get any training, making it impossible for them to do what needs to be done. She stated that she thought the Oversight Committee meant oversight-not telling the Council what to do. She also suggested that if the members of the Committee did not know each other that they go on a retreat or something before they vote on officers. 14 02/05/2007 - .,- - ----------.., ;N: \ ---- Shirili Smith, 4268 Mountain Drive, San Bernardino, CA, submitted a letter dated February 5, 2006. She noted that there are several nonprofit organizations struggling to help people and families in a variety of ways, and she urged the Council to consider spreading the wealth of Measure Z monies to some of these organizations that are giving so much to heal our community one person at a time. Phil Savage, member of the Measure Z Oversight Committee, stated that he thought the statement proposed by City Manager Wilson looked like a good starting statement; however, he would like to see it have something in it about Measure YY itself. Relative to the 2006/07 budget, he thought that action needed to be taken quickly on that, and it would be great if the Council could get input on that, but he did not have enough knowledge to give any advice. He stated that his expectations for the committee are exactly what it said in the Measure YY and Measure Z ballot language, and that is to make sure that the City/Common Council do not misuse the money. He stated he did not think they were an advisory committee, and most importantly, the Council needed to move quickly on the 2006/07 monies. The motion made by Council Member/Commissioner Kelley, seconded by Council Member/Commissioner McCarnmack carried by the following vote: Ayes: Council Members/Commissioners Brinker, Derry, Kelley, McCammack. Nays: Council Members Estrada, Baxter, Johnson. Absent: None. Council Member/Commissioner Brinker stated that at the last meeting he had talked about the need for unanimity when voting on Measure Z and Measure YY matters, and he did not want to see a motion pass on a 4/3 vote. Mr. Brinker then stated that he would change his vote from a "yes" to a "no." The motion made by Council Member/Commissioner Kelley, seconded by Council Member/Commissioner McCarnmack failed by the following vote: Ayes: Council Members/Commissioners Derry, Kelley, McCarnmack. Nays: Council Members/Commissioners Estrada, Baxter, Brinker, Johnson. Absent: None. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that the Mayor and Common Council charge the Oversight Committee with meeting, organizing, and electing officers and reviewing the Committee's charge, and if they have some other view about their charge (other than what is outlined in Attachment A to the staff report), they can share that with the Mayor and Council during the next meeting. The motion carried by the following vote: Ayes: Council Members/ ommissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 15 02/05/2007 Following a short recess, City Manager Wilson provided an overview of the proposed Measure Z Expenditure Plan. He noted that staff was recommending $1,611,000 for funding of police department programs, which was an increase from what was proposed last month. Police Chief Billdt stated that last May and June he came to the Council with a combined hiring plan and explained that it would take 30 months to hire 40 additional officers because of expected attrition of officers. He noted that they have hired 20 officers thus far this fiscal year. He explained that he had come to the Council on January 8, 2007, with regard to enhanced recruittnent and had said that he could put it over for one month. Regarding the Crime Impact Teams, they have been successful this year because of the deployment of officers in at -risk areas. He stated that he wanted to sustain these programs and had outlined a $544,000 budget to accomplish that. Chief Billdt advised that an anti-gang initiative and Police Activities League (PAL) are being developed-that programs for youth have diminished and it is important to reach out to the 8-, 9-, and lO-year-olds; and through a modest investtnent of $75,000 they can reach out to them, and those youngsters in middle schools will benefit from that program. He stated that he would let Parks and Recreation talk about the other programs. Council Member/Commissioner McCarnmack asked whether the middle schools had been identified. Mayor/Chairman Morris stated that they had four sites last summer and two were vibrant-Martin Luther King and Arrowview-with the other two being less vibrant in terms of participation. Council Member/Commissioner Brinker stated that he liked everything on the plan, but he made some commitments on the campaign trail and promised he was going to get police hired. Therefore, for the first budget, from now to June, he would put that money-lOO percent-to suppression; and in the budget that follows he would be more than willing to spend money on other programs. Mayor/Chairman Morris pointed out that staff was putting together a most aggressive program toward police recruitment using all of the strategies that the Police Chief has put forward. He added that only a modest amount had been reserved in this budget for other than policing activities. Discussion continued regarding use of Measure Z funds. Council Member/ Commissioner Brinker distributed a paper entitled, Initial Truancy Proposal (Brinker), stating that attacking truancy was missing from the plan presented by staff. Everyone agreed that attacking truancy was an important issue; however, 16 02/05/2007 many at the table believed that this burden needed to be shared with the school district-that there should be a meeting of all pertinent parties, including the schools and the D.A.'s office. Mayor/Chairman Morris stated that it was important that we acknowledge that there is shared responsibility here and it must be borne by all of us. He pointed out that you dramatically leverage your resources when you bring everyone to the table, and he thought this would be an ideal venue to ramp up the power of our dollars. Council Member/Commissioner McCammack spoke regarding the need to address non-code compliant properties, including graffiti and empty buildings, stating that unless we include code compliance as part of the plan, a big piece of the puzzle will be missing. Mayor/Chairman Morris stated that staff/council needed to articulate a housing strategy; and that Maggie Pacheco, Executive Director, Economic Development Agency, would be coming with proposed re-deployment of her resources so that they could attack those issues. He said he was working with a team from banks, savings and loans, private investors, to articulate strategy for that. He pointed out that long term Measure Z will in large measure be consumed by 40 peace officers and support staff that we bring to the City; however, there will be some resources from Measure Z in the meantime. Council Member/Commissioner Estrada noted that the Council had approved deployment of 10 additional vehicles and the helicopter, and suggested that they at least move ahead and approve the Crime Impact Teams and enhanced recruitment efforts and amend the budget accordingly. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Brinker, that the Mayor and Common Council approve the Crime Impact Teams ($544,000), the enhanced recruitment efforts ($228,800), and the BOE administrative costs ($18,900); and amend the budget accordingly, to include the previously approved expenditure of funds for 10 additional vehicles ($304,600) and the helicopter contract and related equipment costs ($309,700) for a total budget amendment of $1,406,000. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, Cheryl Brown, stated she was speaking at the request of Walter Jarmain, President of the NAACP. She stated that funds should be spent to suppress and prevent crime, but the Council also needed to look very carefully at parolees 17 02/05/2007 that will be coming into the community; and in particular, some way of housing them. Terrence Stone, Young Visionaries Youth Activity, stated that he understood there was a lot of money here to spend on suppression and intervention; however, the jails are already overcrowded and he thought more should be spent on intervention and prevention. Council Member/Commissioner Derry stated he had a problem with the youth employment program matching grant-that he had a problem with trying to get jobs for young people. He stated he would not have a problem spending on this program if it had not been thrown together so quickly; however, if we are going to fix these problems it is not going to come from Parks and Recreation. He stated that right now this is not a plan, and we will not be getting the best bang for our buck and should instead match funds with local non-profits. According to Mr. Derry, there are problems within the Police Departtnent, such as the fact that if an officer wants to upgrade to the best bullet proof vest, he has to upgrade it himself. We also have areas where communications do not work well, and that is not acceptable. He stated he was not ready to spend money on these programs until we fix these problems and we come up with programs to work with local non-profits-that until he sees a plan that maximizes the dollars we propose to use, he was not prepared to approve. Council Member/Commissioner Derry stated that his understanding of PAL Programs is that most are run by police associations, and he would like to see us fill holes in the Police Departtnent right now. He stated he did not have a problem with the anti-gang initiative. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner McCarnmack, that the Mayor and Common Council approve the anti-gang initiative and use the remaining funds for upgrades to police officers' safety vests and to fix the police radio/communications problems. (Note: The vote was taken following additional discussion.) The Mayor and Council continued to discuss at length how they envisioned the expenditure of the Measure Z monies. Mayor/Chairman Morris noted that police chiefs throughout the county and the CHP Commander have all said that we need to have a multi-faceted strategy to be successful. Council Member/Commissioner Johnson stated that he thought this was a very good layout for initial expenditure of Measure Z funds-that it dealt with law enforcement as well as crime prevention programs. He stated that everyone knows there needs to be money for truancy and code enforcement, but we can't deal with everything at one time. 18 02/05/2007 . . Council Member/Commissioner Kelley stated that the best way to allocate these resources is to partner with programs that already exist, whether it be Little League, Boys and Girls Club, or the Salvation Army. He stated that maybe the CDCAC would be a better body to look at these resources. He asked City Manager Wilson whether the $130,000 proposed for Parks and Recreation would be a one time allocation of resources. City Manager Wilson stated that the proposal is to fund this for six months-that as mentioned earlier in the meeting, at some point in time the cost for 40 officers will consume all of the Measure Z money. Council Member/Commissioner Brinker stated that he supported every item that staff had listed in this budget-that he would vote right now to support every one, but he just did not think that everyone of the items should be funded from Measure Z money-that for initial funding, it should be taken from the General Fund. Council Member/Commissioner McCammack stated that she had stayed away from the territorial ward issue; however, the ward she represents should be represented. She stated that she needs to spend whatever money is spent on youth programs where all the children are benefiting. Council Member/Commissioner Estrada stated that if the Council is saying that they will live up to the committnent that was made through the YY /Z initiative, and if that is what they are trying to do, she did not see how they could do it without approving other programs. She stated that she believed they have shown that they are committed to the Police Department-now all they have to do is finish approving what is proposed so they can say they did what the people told them to do. Mayor/Chairman Morris read the ballot title of Measure Z, stating that staff's proposal was the most modest amount toward those activities described in YY. Police Chief Billdt stated that he had provided a plan for this Council to hire 40 officers and support staff over 30 months. At the time the plan was put together, they projected the cost at $5.4 miJlion, and if their projections are accurate, that leaves less than $300,000 in the pot. He stated that it was his job to give the Council his best thoughts. He advised that Lt. Holmes had invested a considerable amount of time investigating Police Athletic Leagues, and their plan is to put it at every middle school in the community. However. the question is whether or not they want to invest $75,000 to do that. He stated that in his viewpoint, based on research, it is a good investment. 19 02/05/2007 Council Member/Commissioner Estrada made a substitute motion, seconded by Council Member/Commissioner Baxter, to approve the remainder of the items as recommended in the staff report dated February 1, 2007, from City Manager Wilson. The motion failed by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Johnson. Nays: Council Members/ Commissioners Brinker, Derry, Kelley, McCammack. Absent: None. The original motion made by Council Member/Commissioner Derry, seconded by Council Member/Commissioner McCammack, to approve the anti-gang initiative, and use the remaining funds for upgrades to police officers' safety vests and to fix the police radio/communications problems, failed by the following vote: Ayes: Council Members/Commissioners Derry, Kelley, McCammack. Nays: Council Members/Commissioners Estrada, Baxter, Brinker, Johnson. Absent: None. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner McCammack, that the remaining items be agendized for the next regular meeting for funding from the General Fund. Council Member/Commissioner McCammack withdrew her second. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the Mayor and Common Council approve the anti-gang initiative ($130,000) and amend the budget accordingly. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner McCammack, that the remaining items listed in the staff report be placed on the next regular meeting agenda to be funded from the General Fund. The motion failed by the following vote: Ayes: Council Members/ Commissioners Derry, McCammack. Nays: Council Members/Commissioners Estrada, Baxter, Brinker, Kelley, Johnson. Absent: None. Council Member/Commissioner Kelley asked Chief Billdt whether $75,000 would keep the program laid out by Lt. Holmes running. 20 02/05/2007 t'.' Chief Billdt indicated that the goal would be to make the program a non-profit; however, to kick off the program they needed seed money. He noted that the program would be at nine middle schools. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner McCammack, that the Measure Z expenditures, including the Measure Z Expenditure Policy (Attachment B) be agendized for the next regular meeting; and that the meeting be adjourned. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 27. League of California Cities - Housing, Community and Economic Development Meeting - report by Council Member/Commissioner McCammack Council Member/Commissioner McCammack submitted into the record a document prepared by the League. She advised that the Committee on Housing, Community and Economic Development meets four times a year, with discussions generally revolving around housing issues. However, at this particular meeting they discussed implementation of the infrastructure bonds approved by the voters in November 2006. It was noted on the handout that one of the strategic goals adopted by the League Board of Directors for 2007 is to "Ensure fair and effective implementation of the 2006 infrastructure bonds, consistent with the needs of California cities. .. Ms. McCanunack also provided a brief overview of several items discussed by the committee including meaningful eminent domain reform, housing element self certification, and the RHNA-LAFCO Issue, all of which were discussed in more detail in the handout. Council Member/Commissioner McCanunack made a motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Common Council receive and file the League of California Cities Housing, Community and Economic Development Meeting Report. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 21 02/05/2007 28. United States Conference of Mayors - report by Mayor Morris Mayor/Chairman Morris stated that the first meeting he attended was a special meeting of Mayors Against Guns-a national summit attended by some 105 mayors of major cities who met to discuss how they, as mayors, could impact the members of congress on this issue of controlling illegal guns. He stated that specifically they discussed eliminating the restrictions on data on guns used in crimes, which would help local law enforcement officers to identify and shut down illegal gun traffickers. He indicated that members of Congress appeared at the summit and indicated strong support for their initiatives. They also convened the regular United States Conference of Mayors, where they discussed an important paper, which he distributed to members of the Council, entitled, Strong Cities. . . Strong Families. . . For a Strong America-a lO-point plan initiated by mayors from across the nation to identify the ten most important initiatives to work with Congress on this coming congressional year. The mayor briefly identified the top three items contained in the report as: · An Energy and Environmental Block Grant modeled after the Community Development Block Grant (CDBG) program to provide funding to cities for improving community energy efficiency, to develop and implement community strategies to reduce carbon emissions, and to develop and implement community and transportation energy conservation programs. . Federal-Local Partnership on Crime Prevention - As was done under the 1994 Crime Bill, mayors are calling for a federal trust fund to provide flexible resources for the deployment of law enforcement personnel, support local innovations, fight domestic violence, and fund technology that helps fight crime. Mayors are asking for a new partnership between the cities and congress on crime prevention-a renewal of commitment to the 1994 crime bill-specifically, funding for the COPS program and restoration of the local Block Grant program for law enforcement. · Community Development Block Grants - The mayors are asking for a renewal of commitment to the Community Development Block Grants, a very critical part of how we deploy resources in each city on a per capita basis. Mayor Morris noted that this program has also diminished over the years, and for the last two years the recommendation from administration has been to eliminate those funds entirely; and as mayors 22 02/05/2007 recommendation from administration has been to eliminate those funds entirely; and as mayors they are recommending that that program be re- initiated and made vibrant again by new resources. Mayor/Chairman Morris advised that the other issues identified by the Mayors included affordable housing fund, public housing, infrastructure tax initiatives and bonds, competitive workforce, children and youth, homeland security, and unfunded mandates. He stated that a copy of the Mayors' lO-Point Plan to create Strong Cities, Strong Families, and a Strong America could be obtained from the Mayor's office. 29. RES. 2007-44 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Purchasing Manager to issue a purchase order to and execute a Professional Services Agreement with Wright's Investigation for pre-employment background investigations not to exceed $35,000 with two optional renewal years. Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2007-44 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 30. Public hearing - Development Code Amendment No. 06-01 to modify locational criteria for drive-thru restaurants in the CR-3, Commercial Regional/Tri-City Club land use district An Ordinance of the City of San Bernardino amending Chapter 19.06 (Commercial Districts), Sections 19.06.010 (2) (K) and 19.06.030 (2) (II) of the San Bernardino Municipal Code (Development Code) related to drive- thru restaurants requirements. FIRST READING Mayor/Chairman Morris opened the hearing. Valerie Ross, Director of Development Services, advised that this amendment to the Development Code would allow one additional fast-food drive-thru restaurant on the west side of Tippecanoe, specifically in the North Pointe Project Area. She stated that the Planning Commission considered this amendment on November 8, 2006, and unanimously recommended approval; and staff is recommending that the Council adopt the ordinance, also. Council Member/Commissioner Estrada verified with Ms. Ross that this was not a blanket policy approving drive-thru restaurants for this area. 23 02/05/2007 No public comments were received. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry, that the hearing be closed; and that said ordinance be laid over for final adoption. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 31. Public hearing - Tentative Tract Map No. 17926 (Subdivision No. 05-52), Variance No. 06-06, Conditional Use Permit No. 05-48 - a request to subdivide 5.16 acres into a one-lot condominium subdivision with a variance for one standard means of access and one emergency access, and construct 39 detached single-family dwellings, located on the north side of Rialto Avenue approximately 500 feet east of Meridian Avenue in the RD, Residential Urban land use district Mayor/Chairman Morris opened the hearing. Director of Development Services Valerie Ross stated that this project is in the RU, Residential Urban, land use district and is considered an in-fill project. She noted that the underlying land use designation permits apartments or multi- family, albeit at a relatively low density; and Fidelity has proposed to do a condominium subdivision comprised of 39 single-family detached units in lieu of multi-family. Ms. Ross stated that the project is located on the north side of Rialto, just east of Meridian; and that immediately across the street at the southeast corner Fidelity processed and received the entitlement for the project that ANR is in the process of developing. She added that this project will be similar to that one, but slightly larger. She advised that the project site is bound on the north by the railroad tracks, and on the east and west by existing development; therefore, the request for only one standard means of access and then one emergency access. She stated that Planning, Engineering, and the Fire Department all concur that it will not create safety impacts that cannot be typically handled, and they all support the recommendation. Ms. Ross stated that the Planning Commission considered this on November 21, 2006, and unanimously recommended approval; and staff recommends adoption of the Mitigated Negative Declaration, the Mitigation Monitoring Reporting Program, approval of Tentative Tract Map 17926, Variance No. 06-06, and 24 02/0512007 Conditional Use Permit No. 05-48, based on the findings of fact in the staff report, subject to the conditions of approval and standard requirements. City Attorney Penman stated that his office always comments whenever there is a variance because so few of them come before the Council. He stated that for years the City handed out variances very easily-then in 1986 we were sued. He stated that shortly before he became City Attorney, the court set aside the City's General Plan because it was not in compliance; and the reason it was not in compliance was because we had granted so many variances throughout the years for apartments and other things that we had made a joke of our General Plan. He pointed out that there are very strict guidelines as to when a variance can be granted-certain findings have to be made-and he asked Senior Deputy City Attorney Empefio to explain what the circumstances are in this particular case that permit a variance to be granted, whereas in most cases it would not be. Senior Deputy City Attorney Empefio advised that unlike other variances where the Planning Commission has authority to approve them, this matter specifically has to be considered and approved by the Mayor and Common Council pursuant to the City's Development Code, Section 19.30.200. In relation to variances, Section 19.72.05 specifically provides findings that this Council has to make- among them that there are special circumstances applicable to the property, including the size, shape, typography, location, or surroundings. He advised that the strict application of this Development Code deprives such property of privileges enjoyed by other property in the vicinity and under identical land use district classifications. As the staff report mentions, Rialto A venue provides the only means of access to this project site, and the existing pattern of development, including the streets, railroad tracks, and existing development surrounding the site make it infeasible to provide a secondary access route. He pointed out that to the west is a mobile home park, to the east is single- family homes, and to the north is a railroad spur line, as well as an apartment complex on the opposite side of the tracks. These restrictions, as well as the unusual shape of this project site and the very narrow frontage on Rialto A venue support the finding of a variance in this case. Council Member/Commissioner Brinker stated that this project was in his ward and he supported this project for a variety of reasons. However, he had some concerns that he thought would need to be addressed if the City is looking to put any other projects there in the future; and he wanted to bring these concerns forward now so that staff is aware of them. 25 02/0512007 First, traffic on Rialto is increasing and the City may need to look at putting in some lights at various locations along Rialto A venue because people are already having difficulty getting in and out of their residences due to the amount of traffic. Another major item that needs to be looked at is a piece of property that belongs to the railroad just east of the L&R project on the south side of Rialto Avenue. He stated that this piece of property has an abandoned ranch on it and some shacks, and he has received numerous complaints from residents talking about prostitution, drug use, and other things that are going on over in those shacks. He stated that police and code enforcement have gone out on numerous occasions to that piece of property; however, we need to do something more proactive. Mr. Brinker questioned whether there was some way the City could get the railroad to give this piece of property to the City, and suggested that maybe the Mayor could help to accomplish this. Mayor/Chairman Morris stated that staff could certainly identify which of the railroads own that property and approach them, or have a developer approach them, for possible purchase. Relative to excess railroad property that has been neglected, Council Member/Commissioner McCammack stated that for years there has been some abandoned railroad property on Del Rosa that the City has been asking to have cleaned up, or to do something with the property. Therefore, she suggested that while the Mayor is discussing the property mentioned by Mr. Brinker, he could also discuss this piece of land. Discussion ensued regarding the two pieces of property, current and previous ownership of same, and what the Mayor could do to help the City in obtaining these two pieces of land. Council Member/Commissioner Johnson stated that he also was concerned about traffic in the area, and that he had inquired about a traffic signal. He stated that by the end of next month a signal should be through design and ready for the next Capital Improvement Program (CIP). He noted that this signal would be at the MeridianlRialto corner. Council Member/Commissioner Derry pointed out that there is a homeowners association involved here to take care of everything inside the project area; and as a former condo owner in the City of San Bernardino, he knows these types of projects work very well and are a benefit to the community. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Derry, that the hearing be closed; and that the Mayor and Common Council adopt the Mitigated Negative Declaration and the 26 02/05/2007 Mitigation Monitoring/Reporting Program; and approve Tentative Tract Map No. 17926 (Subdivision No. 05-52), Variance No. 06-06, and Conditional Use Permit No. 05-48 based on the Findings of Fact and subject to the Conditions of Approval and Standard Requirements. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry , Council Members/ Kelley, Johnson, 32. Public hearing - resolution ordering vacation of an east-west alley, north of Walnut Street and east of Artesian Street RES. 2007-45 - Resolution of the City of San Bernardino ordering the vacation of an east-west alley, north of Walnut Street and east of Artesian Street. Mayor/Chairman Morris opened the hearing. No public comments were received. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that the hearing be closed; that the Findings of Fact, as set forth in the staff report dated January 9, 2007, from the Director of Development Services, as to why the east-west alley, north of Walnut Street and east of Artesian Street is no longer necessary for public street purposes, be adopted; and that said resolution be adopted. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 33. Public Comments Barbara Whitmore thanked Council Member/Commissioner Baxter and Code Enforcement for cleaning up all the miscellaneous junk signs along the streets and provided information on the location of additional signs which need to be removed. Cheryl Brown spoke regarding the appearance of the city, noting that there is a. lot of graffiti that needs to be cleaned up (particularly in the area of 16th Street on the Westside to Waterman Avenue) and tennis shoes hanging over the utility wires, designating the area as someone's "territory" that need to be removed. She also proposed a tree planting program where residents could obtain trees free from the City, stating she would like to see something done to beautify our city. 27 02/0512007 Patricia Davenport stated that she does loans and tries to match the loans to what people can actually afford. She stated that she can get people into their homes for $1,000 with a fixed rate payment of about $700 less than what they could get elsewhere. 34. Adjournment At 9:20 p.m. the meeting adjourned to 4:00 p.m., Thursday, February 15, 2007, in the MIC Room, Sixth Floor, City Hall, to consider closed session items. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Tuesday, February 20, 2007, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. By: RACHEL G. CLARK City Clerk ,f) ~ a ~ ~ --,c. Linda E. Hartzel Deputy City Clerk No. of Items: 34 No. of Hours: 8 28 02/05/2007 Councilman Chas Kelley — Measure Z Remarks Mr. Mayor, my fellow Councilmembers and members of the audience, as someone who believes that public safety is the number one responsibility of local government, I applaud this debate tonight about Measure Z. I'm especially impressed with the real passion and interest we've seen on this issue from San Bernardino's youth. Our city needs your continued enthusiasm and involvement. I encourage all those who have participated in this debate to use that enthusiasm to benefit our community groups,churches and nod-profit organizations. On the issue of Measure Z, I have listened carefully to the constituents whom I represent in the 50'Ward. Every single phone call or letter from 5d'Ward residents that I have received has asked me to use our Measure Z funds for more police protection. I have also looked closely at other cities that have successfully reduced crime in their neighborhoods and found that an increased police presence—rather than government social programs—has been the single most effective reason for their success. Mayor Guliani and his success in New York City is the most striking example of how increased law enforcement can make a profound difference in improving public safety. His aggressive"broken windows" law enforcement approach dramatically lowered New York's crime rate(now rated the 145th most dangerous in the nation) By contrast, Washington D.C. is one of America's most violent cities(now rated 19th most dangerous), despite having one of the highest per capita levels of spending on government social programs. It is my fiduciary responsibility as a Coucilmember to allocate our scarce city resources in the most effective manner possible. Based on the clear and convincing evidence from other cities, I believe that using Measure Z dollars for increased Law Enforcement will provide the greatest benefit to our city. That's what the citizens of the 5th Ward voted for last November. I urge you to join with me in voting to utilize the remaining Measure Z funds for law enforcement to make San Bernardino the safe community that our residents demand and deserve. Thank you. 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