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HomeMy WebLinkAbout02-20-2007 MinutesCITY 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 Chas Kelley Rikke Van Johnson Wendy McCammack MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING 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 "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 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): 1 02/20/2007 i of San Bernardino v. United States o Army - United States District Court Case No. CV 96-5205 MRP CV 96-8867 MRP (JGx) (Consolidated); RT Michael Desrochers; Steve Lowes v. City of San Bernardino, et al. - United States District Court Case No. EDCV06-1408 VAP (JCRx); California v. Jose Luis Lo Jr. 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 (VAPx). B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9: Inland Communities Corp. v. City of San Bernardino, 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: Ayes: Council Members/ Commissioner Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 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: 40`s Street Redevelopment Project Area 1. Property Address: 255 East 49' Street APN: 0154-126-02 Negotiating Parties: Maggie Pacheco, Executive Director on behalf of the Redevelopment Agency, as buyer, and Frank Marques, property owner/ seller Under Negotiation: Purchase price, terms, and conditions IVDA Redevelopment Project Area 2. Property Address: 167 East 2nd Street APN: 0135-291-12 Negotiating 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 4' Street APN: 0134-093-45 Negotiating Parties: Maggie Pacheco, Executive Director on behalf of the Redevelopment Agency, as buyer, and Chiyo Lapham, property owner /seller Under Negotiation: Purchase price, terms and conditions 4. Property Address: 746 West 5' Street, San Bernardino APN: 0134-054-07, 08 and 09 Negotiating 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 02/20/2007 Under Negotiation: Purchase price, terms, and conditions 5. Property Address: 755 West 5' 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 VAP (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 VAP (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 Department Years of Service Erica Lithen Code Compliance 15 Brian Foote Development Services 5 Oscar Jimenez Facilities Management 5 Leobardo Sanchez Facilities Management 5 Robert Oquendo Fire 30 Chief Larry Pitzer Fire 10 Jason Suarez Information Technology 15 Yvette Freeman Library 5 Ophelia Roop Library 10 Debra Alvillar Police 15 Erick Bennett Police 5 Blanca Wee Eng Police 10 Daniel Gomez Police 15 Francisco Gonzalez Police 5 Richard Lawhead Police 15 Deborah Lewis Police 5 Sharon Powell Police 15 Gary Schuelke Police 15 Announcements 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, McCammack. Nays: None. Absent: None. G 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 I-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: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 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 at. 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: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 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: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 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: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 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 02/20/2007 Resolution No. 2007-55 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 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: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: Council Member/Commissioner McCammack. Absent: None. 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: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 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. 17' 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. 25' 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 Avenue, 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. 25' 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. 40' Street, San Bernardino, CA, performed a rap song denouncing drugs, gangs and violence. 18 02/20/2007 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 Westside 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 5" 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 Westside 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 Westside Steppers promotes health and nutrition and keeps them off the streets. Hannah Okmiyan, 1049 N. Burncy Avenue, Rialto, CA, requested funding for the San Bernardino Westside 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 Westside 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 02/20/2007 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 Council Member/Commissioner Kelley stated that he was impressed with the real passion and interest he has seen on this issue from the youth. He stated that the City needs their continued enthusiasm and involvement, and he encouraged all those who participated in this debate to use that enthusiasm to benefit the community groups, churches and non-profit organizations. Mr. Kelley stated that every phone call or letter he received from his constituents requested that Measure Z funds be used for more police protection. He stated that it was his fiduciary responsibility as a Councilmember to allocate the City's scarce resources in the most effective manner possible. Based on evidence from other cities, Mr. Kelley stated that he believes that using Measure Z dollars for increased law enforcement will provide the greatest benefit to the City. He added that that is what the citizens of the Fifth Ward voted for last November. Council Member/Commissioner McCammack stated that her agenda is reducing crime. She stated that one of the most successful organizations was a youth diversion, teen program that was in every high school in this City called San Bernardino Communities Against Drugs, and year after year the City reduced their funding. She added that she doesn't want to see that happen any longer. Ms. McCammack stated that three years ago they were asked to cut Saturday operations at the community centers and she doesn't want to see that happen a year and one-half from now. She stated that currently the City spends more than $3.1 million per year on youth after -school, diversion and recreation programs, but there aren't enough people taking advantage of those programs. Ms. McCammack stated that she supports PAL programs in every middle school in town —that she is the product of a PAL program herself. She lived in ghetto neighborhoods in New Jersey until she was 21 years old and the only thing they had in that community was a PAL. Ms. McCammack stated that she wants to fund the Westside Steppers; Junior Police Academies all over town and not just at one school; the California Cadet Corps for a larger amount; all the middle schools with after -school programs; and all the viable non -profits in this community that have withstood funding cuts every year. She stated that she doesn't want to see any programs the City funds in this next year and one-half fizzle out because they have been told by the Mayor and the Chief of Police that in a year and one-half from now there won't be any extra money except to police the streets with what the Mayor promised, which was 40 additional police officers. Ms. McCammack agreed with Mr. Derry that they should spend every penny of that $300,000, and she stated that she knows there's more to be had for these non-profit agencies that are doing an incredible job. Discussion ensued regarding crime reduction and funding for youth programs and organizations. 23 02/20/2007 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) 24 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. 25 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. UiNOTU M 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 III, 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. No. of Items: 39 No. of Hours: 6.5 RACHEL G. CLARK City Clerk BYEI i.OSuther"land Lind Deputy City Clerk 26 02/20/2007