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Home My WebLink About01-08-2007 MinutesCITY OF SAN BERNARDINO 300 N. `D " Street San Bernardino, CA 92418 Website: www.sbcity.org MINT 1TF.S Mayor Patrick J. Morris Council Members: Esther Estrada Dennis J. Baxter Tobin Brinker Neil Derry Chas Kelley Rikke Van Johnson Wendy McCammack MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JANUARY 8, 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 1:42 p.m., Monday, January 8, 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, Kelley, Johnson, McCammack; Assistant City Attorney Easland, City Clerk Clark, City Manager Wilson. Absent: None. 1. Closed Session A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Susan Coker v. City of San Bernardino et al. - San Bernardino Superior Court Case No. SCVSS 131821; Michael Desrochers and Steve Lowes v. City of San Bernardino et al. - United States District Court Case No. EDCV 06-1408 VAP (JCRx); _Mary Louise Vargas, et al. v. City of San Bernardino et al. - United States District Court Case No. EDCV06-01402 VAP (JCRx); 1 01 /08/2007 Eric Davis v. City of San Bernardino WCAB No. POM0283015 WCAB No. POM0287586 WCAB No. POM0287587 WCAB No. POM0287588 Rosario Nunez v. City of San Bernardino WCAB No. RWO055319 WCAB No. RIV0055946 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. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. D. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. 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 Minister Robert Strong of Ecclesia Christian Fellowship Church, followed by the pledge of allegiance, led by Council Member/Commissioner Estrada. 2 01/08/2007 Moment of Silence Mayor Morris extended condolences to the families and requested a moment of silence in memory of Gerald R. Ford, our nation's 38" president, who recently passed away; Randy Lally, who ran for the Third Ward Council seat in November and lost his life in a tragic accident on Christmas night; Helen Almendarez Flores, mother of Danny Flores, founder of Salute to the Route; and June Kennedy, mother of City Treasurer Dave Kennedy. 2. 0 11 5 Appointment — Keith Jordan — Parks & Recreation Commission - Council Member Kelley Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the appointment of Keith Jordan to the Parks and Recreation Commission, as requested by Council Member Kelley, be approved. The motion Commission McCammack. Commissioner carried by t Estrada, Nays: None. he following vote: Baxter, Brinker, Absent: None. Proclamations & Presentations Ayes: Council Members/ Derry, Kelley, Johnson, Mayor Morris recognized members of the Junior All American Football Hawks Midget team who recently won the Junior All American League Championship title. The team members were joined by their athletic director, coaches, team mom, and cheerleader coaches. 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. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, 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 carrie Commissioners E McCammack. Nays d by the following vote: strada, Baxter, Brinker, : None. Absent: None. Ayes: Council Members/ Derry, Kelley, Johnson, 3 01/08/2007 RI 7 Claims & Payroll Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated November 28, 2006, from Barbara Pachon, Director of Finance, be approved. The motion Commission McCammack. Commissioner carried by Estrada, Nays: None Personnel Actions the following vote: Baxter, Brinker, Absent: None. Ayes: Council Members/ Derry, Kelley, Johnson, Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the personnel actions, as submitted by the Chief Examiner, dated December 28, 2006 in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. The motion Commissioner McCammack. carried by s Estrada, Nays: None. the following vote: Baxter, Brinker, Absent: None. Ayes: Council Members/ Derry, Kelley, Johnson, 8. RES. 2007-1 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Attorney to execute a three-year contract with West Group to provide library and legal research materials to the City Attorney's Office and to authorize the execution of a Purchase Order for the above -referenced three-year contract. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2007-1 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 9. Authorize the Director of Development Services to execute Contract Change Order No. One to the contract with Oak Engineering, Inc. for traffic signal improvements at 5 ' Street and "F" Street (TC04-16); 30'" Street and "E" Street (TC04-17); Highland Avenue and "E" Street (TC04-21), per Project Plan No. 11176 4 01/08/2007 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council/ Commission meeting of January 22, 2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 10. RES. 2007-2 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Environmental Project Services, Inc. for cul-de-sac street improvements on Loop Street from Stoddard Avenue to "D" Street (SS-C 2006/07), per Project Plan No. 11643. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2007-2 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 11. RES. 2007-3 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Oak Engineering, Inc., for installation of traffic signal and street improvements at Mill Street and Macy Street, per Project Plan No. 10486. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2007-3 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 12. RES. 2007-12 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a Contract to Matich Corporation for pavement rehabilitation on Date Place from Del Rosa Drive to City Limits (SS06-47) and "G" Street from Baseline Street to Highland Avenue (SS06- 48), per Project Plan No. 11796/11806, and authorization for the Director of Finance to amend the FY 2006/07 budget. Assistant City Attorney Easland announced that City Attorney Penman had abstained on this item because Matich had contributed to his re-election campaign for City Attorney; however, Special Counsel Sabo had reviewed and signed the document at no charge to the City. 5 01/08/2007 Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the Director of Finance be authorized to amend the FY 2006/07 budget by transferring $461,300 from Account No. 240- 379-5504-7620 (SS06-45) "5' Street Pavement Rehabilitation" to Account No. 240-379-5504-7622 (SS06-47) "Date Place Pavement Rehabilitation," and that the Director of Finance be authorized to amend the FY 2006/07 budget by transferring $287,900 from Account No. 240-379-5504-7616 (SS06-37) "41" Street Pavement Rehabilitation from Mt. Vernon Avenue to 5' Street" to Account No. 240-379-5504-7623 (SS06-48) "G" Street Pavement Rehabilitation," and that said resolution be adopted. The motion carried and Resolution No. 2007-12 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 13. RES. 2007-13 - Resolution of the City of San Bernardino approving Amendment No. 2 to Services Agreement with Myra L. Frank/Jones and Stokes for provision of Professional Environmental Services for the design of the Mt. Vernon Avenue viaduct over the BNSF Railroad. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. 2007-13 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 14. Appropriate funds for CIP projects SS07-16, SS07-27, SS07-28, SS07-29, and TC04-48 Council Member/Commissioner McCammack stated that she would abstain because she owns property within 500 feet of one of the project areas. She left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that the Director of Finance be authorized to amend the FY 2006-2007 budget to appropriate $430,000 of AB 2928 Traffic Congestion funds for projects SS07-16, SS07-27, and SS07-28; appropriate a total of $300,000 from project SS07-29 with $250,000 to be a reimbursement from EDA and $50,000 to be transferred from SS-C (129-367-5504-7156); and appropriate $50,000 in the Traffic System Construction Fund for project TC04- 48 with $45,000 being a reimbursement from a HES grant and $5,000 from Traffic System Construction Funds. 6 01/08/2007 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Abstentions: Council Member/Commissioner McCammack. Absent: None. 15. Authorize execution of Contract Change Order No. One to the Contract with Matich Corporation for pavement rehabilitation at eleven locations - 2nd Street (SS 06-07), Del Rosa Avenue (SS 06-19), "H" Street (SS 06-21), University Parkway (SS 06-32), Sierra Way (SS 06-50), "H" Street (SS 06- 52), 16`h Street (SS 06-53) & (SS 06-54), Mill Street (SS 06-57), "D" Street (SS 06-70), Mt. Vernon Avenue (SS 06-77), per Project Plan No. 11735, and authorize the Director of Finance to amend the FY 2006/07 budget Assistant City Attorney Easland announced that City Attorney Penman had abstained on this item because Matich had contributed to his re-election campaign for City Attorney. Council Member/Commissioner McCammack stated she would abstain because she owns property within 500 feet of one of the streets. She left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the Director of Development Services be authorized to execute Change Order No. One in the amount of $169,110.00 to contract with Matich Corporation for Pavement Rehabilitation at Eleven Locations - 2nd Street (SS 06-07), Del Rosa Avenue (SS 06-19), "H" Street (SS 06-21), University Parkway (SS 06-32), Sierra Way (SS 06-50), "H" Street (SS 06-52), 16' Street (SS 06-53) & (SS 06-54), Mill Street (SS 06-57), "D" Street (SS 06-70), Mt. Vernon Avenue (SS 06-77), per Project Plan No. 11735; and that the Director of Finance be authorized to amend the FY 2006/07 budget as indicated in the spreadsheet attached to the staff report dated December 12, 2006, from Valerie C. Ross, Director of Development Services, marked Attachment "1". The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Abstentions: Council Member/Commissioner McCammack. Absent: None. 16. RES. 2007-14 - 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 2119 W. Blake Street. 7 01/08/2007 Assistant City Attorney Easland announced that City Attorney Penman had abstained on this item because his wife is a member of the school board, and that Special Counsel Sabo had reviewed and signed the resolution at no charge to the City. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, 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 2119 W. Blake Street; and that said resolution be adopted. Resolution No. 2007-14 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 17. RES. 2007-4 - Resolution of the City of San Bernardino declaring its intention to order the vacation of an east -west alley, north of Walnut Street and east of Artesian Street. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2007-4 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 18. RES. 2007-5 - Resolution of the City of San Bernardino authorizing and directing the execution of a Funding and Mitigation Agreement with Greystone Homes II, LLC for Tentative Tract No. 14881, generally located on the northwest corner of Ohio Avenue and Chestnut Avenue, relative to the Verdemont Fire Station impact mitigation fees. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2007-5 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 19. RES. 2007-6 - Resolution of the City of San Bernardino authorizing and directing the execution of a Funding and Mitigation Agreement with Pine Trails Partners, LLC for Tentative Tract No. 17716, generally located easterly of Pine Avenue, between Ohio Avenue and Belmont Avenue, relative to the Verdemont Fire Station impact mitigation fees. 8 01/08/2007 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2007-6 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 20. RES. 2007-7 - Resolution of the City of San Bernardino authorizing and directing the execution of Funding and Mitigation Agreement with McShane Shenandoah Industrial, LLC, for that certain real property generally located on the westerly side of Shenandoah Way, southerly of Hallmark Parkway, relative to the Verdemont Fire Station Impact Mitigation Fees. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2007-7 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 21. ORD. MC-1237 - An Ordinance of the City of San Bernardino amending Chapter 19.20 (Property Development Standards), Section 19.20.030(3) of the San Bernardino Municipal Code (Development Code) related to antennas, satellite dishes, and telecommunications facilities. FINAL READING Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said ordinance be adopted. Ordinance No. MC-1237 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 22. RES. 2007-8 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a five year agreement with Verizon California Inc. for Centranet telephone service to the City of San Bernardino. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2007-8 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 9 01/08/2007 23. RES. 2007-9 - 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 2008 Office of Traffic Safety (OTS) Grant to be submitted to the State of California Business, Transportation and Housing Agency in the amount of $116,000. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2007-9 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 24. RES. 2007-10 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a Purchase Order to Mobile Concepts in the amount of $46,980 for the purchase of a Fire Safety House. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2007-10 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 25. Item Deleted 26. RES. 2007-15 - Resolution of the City of San Bernardino amending Resolution 6413, Section Thirteen, Temporary/Part-time Employees, entitled in part a "Resolution... establishing a Basic Compensation Plan..." by updating information codifying prior Council actions. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-15 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 27. RES. 2007-11 - Resolution of the Mayor and Common Council authorizing execution of a Management Agreement between the City of San Bernardino and Matt McDonagh, dba Celtic Soccer League, to provide Management Services at the San Bernardino Soccer Complex for the dates January 13- 14, 20-21, 27-28 and March 17-18, 23-26, and March 30-April 2, 2007. 10 01/08/2007 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2007-11 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 28. RES. 2007-16 - Resolution of the City of San Bernardino authorizing the Mayor of San Bernardino to execute Amendment No. 1 to the Services Agreement with the San Bernardino City Unified School District for the operation of the School Crossing Guard Program by the Police Department. Assistant City Attorney Easland announced that City Attorney Penman had abstained on this item because his wife is a member of the school board, and that Special Counsel Sabo had reviewed and signed the resolution at no charge to the City. Council Member/Commissioner Brinker stated that he supported this item, but would like to see the see the City reach out to other school districts that have schools within our City limits. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-16 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 29. RES. 2007-17 - Resolution of the City of San Bernardino authorizing a Contract between the City of San Bernardino and California Aviation Services, Inc. (CAS) of Riverside, CA for helicopter patrol services through FY 2008/09, with two two-year options for renewal. Additionally, to increase Purchase Order #300128 for helicopter patrol services in FY 2006/07 by $290,700 to an amount not to exceed $520,884. Council Member/Commissioner Brinker stated that he believes the helicopter is a valuable tool; however, the Council has a responsibility to the public to inform them of the results we are getting for this expenditure. Police Chief Billdt advised that the helicopter patrol service helps to deter crime; that since the inception of the program on July 19, 2006 through December 27, 2006 the helicopter has responded to 1,857 calls for service and has been first on the scene for over 1,000 of those calls. He stated that the benefit to the community is that they have air support immediately when they call for police, and the pilot and observer have the added benefit of height and 11 01/08/2007 can direct ground units. He added that response times to calls for service have gone down to 2.68 minutes, largely due to the availability of the helicopter; and it contributes to the safety of the public and the safety of officers on the street. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted; that Purchase Order #300128 be increased by $290,700 to an amount not to exceed $520,884 to fund helicopter patrol services, including aviation and property insurance expenses provided by CAS for the contract extension period; and that approval of the contract is subject to the City Attorney being satisfied that the necessary insurance coverage totaling $10,000,000 in aviation liability and property coverage is continued. The motion carried and Resolution No. 2007-17 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 29A. Appeal Hearing - Danny's Towing - decision by San Bernardino Police Department to suspend towing contract for 30 days effective January 8, 2007 Council Member/Commissioner McCammack stated that she would abstain on this matter because Danny's Towing is one of her customers. She left the Council chambers and returned after the vote was taken. Mayor/Chairman Morris opened the hearing. Mayor Morris advised that the appellant had requested a continuance to the next meeting. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to Council/ Commission meeting of January 22, 2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Abstentions: Council Member/Commissioner McCammack. Absent: None. 30. Public hearing - consider adjusting the current storm drain development impact fees 12 01/08/2007 Ordinance of the City of San Bernardino adding Chapter 3.27.105 to the San Bernardino Municipal Code to establish a storm drain development impact fee, and amending Chapters 3.27.020 and 3.27.110 of the San Bernardino Municipal Code. FIRST READING Mayor/Chairman Morris opened the hearing. City Manager Wilson advised that in the spring of 2006 the Mayor and Council adopted a series of increases to development impact fees, which included police and fire facilities fees, an aquatics fee, library facilities fees, and a couple of other fees. At that time direction was given to staff to review the possibility of increasing the storm drain companion fees. He noted that it had been over 15 years since that fee had been looked at, and it was clear that our fee was a lot less than surrounding cities. He advised that his office had notified the Building Industry Association and Hillwood Development about this meeting to give them an opportunity to review and comment; however, as of today his office had received no direct comments from either party about the proposed increases. He pointed out that today the Council was only being asked to give a first approval to the ordinance that would establish the fees; however, the fees would actually be set by resolution at the Council/Commission meeting of January 22, 2007. No public comments were received. Council Member/Commissioner Kelley asked Mr. Wilson to clarify that the revenue may only be used to fund storm drains and storm drain projects identified in the Master Facilities Plan. Mr. Wilson stated that this was correct, adding that said master plan is a master storm drain plan that was developed that addresses the full storm water throughout the city. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the hearing be closed; and 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. Public hearing - sale of a portion of City Water Department owned parcel of real property generally located northwesterly of Bonita Vista Drive, south of 40' Street and west of Del Rosa Avenue 13 01/08/2007 RES. 2007-18 - Resolution of the City of San Bernardino directing and authorizing the execution of a Sales and Purchase Agreement and the execution of a Quitclaim Deed for the sale of City property generally located northwesterly of Bonita Vista Drive, south of 40`s Street and west of Del Rosa Avenue in the City of San Bernardino to Alfred M. Sessions. Mayor/Chairman Morris opened the hearing. Valerie Ross, Director of Development Services, stated that this was the last step in the process. She explained that this is a well site that the Water Department acquired approximately 30 years ago —a well site that is not used and that is landlocked and completely surrounded by property owned by Mr. Sessions, who wants to buy this property. She stated that the property is approximately 100 square feet, and has no purpose other than Mr. Sessions acquiring it and taking care of it. She advised that Mr. Sessions was willing to pay the City Water Department $500, which was the appraised value of the property. No public comments were received. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Baxter, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2007-18 was adopted 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 of the City of San Bernardino authorizing the Mayor to execute a Management Services Agreement between the City of San Bernardino and For the Game, LLC to provide management services at the San Bernardino Soccer Complex for the period of January 1, 2007 through December 31, 2012. (Continued from December 18, 2006) Note: No resolution was distributed with the backup materials. Mayor/Chairman Morris advised that staff had requested that this matter be continued to January 22, 2007. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the matter be continued to the Council/Commission meeting of January 22, 2007. 14 01/08/2007 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 33. Workshop regarding Measure Z Mayor/Chairman Morris began by stating that on November 7, 2006, the voters approved Measure Z and Measure YY, which created a new y4-cent sales tax effective April 1, 2007. He stated that according to the most recent estimates provided to the Finance Department by the State Board of Equalization, it is now anticipated that Measure Z will generate approximately $1,650,000 in revenue from April 1, 2007 through June 30, 2007. He noted that since the passage of the measure, the Mayor's office, the Police Chief, the City Manager's office, the Finance Department, and the Parks, Recreation and Community Services Department have been evaluating various options for the expenditure of those funds expected to be generated through the balance of this fiscal year. He added that staff was proposing that Measure Z expenditures be allocated in two divisions of the City's budget —one new division in the Police Department budget and another new division in the Parks, Recreation and Community Services budget. Mayor/Chairman Morris advised that from December 31, 2005, through November 30, 2006, the City has seen a 14.10 percent reduction in Part I crimes, with a 19 percent decrease in murders and nearly 30 percent decrease in aggravated assaults. He stated that from July 1, 2006, at the time the City commenced its work in Operation Phoenix, through the conclusion of November 2006 the City realized an overall 22.07 percent reduction in Part I, or serious crimes. City Manager Fred Wilson advised that all the Council members had a copy of the staff report that the Mayor had been talking from in their backup materials, which summarized some of staff's recommendations regarding the Measure Z expenditure program. He noted that the proposal is to spend the lion's share of the Measure Z money for the first six-month period on law enforcement related expenditures. He stated that he had received a couple of questions from Council members regarding the Police Chief's combined hiring plan, and how this proposal dovetails into what the Chief proposed to the Council in July 2006. Therefore, first and foremost he felt that the Chief should speak to that issue and also provide the Council members with an overview of his recommendations regarding how to utilize the first chunk of money from this measure. Police Chief Michael Billdt provided background information and a historical perspective of what occurred in June 2006. He reminded the Council of the June 15, 2006 report that he presented to the Mayor and Common Council with regard to the combined hiring plan to staff the Police Department with 50 15 01/08/2007 additional personnel-40 sworn and 10 non -sworn —over the following 30 months. Chief Billdt advised that for the 2006/07 fiscal cycle, he believed that the department could successfully hire 34 new personnel-14 approved by the budget and 20 vacancies expected during the fiscal cycle due to normal attrition —retirement, medical leaves, etc. He stated that as of today, they have accomplished half of what they said they would accomplish, and they have five additional police officer recruits in the pipeline that they hope will meet the background requirements and they can bring them on soon. He stated that he still remains confident that through this fiscal cycle they will hire 34 personnel. He stated that he wanted to remind the Council that they received a $1 million Office of Traffic Safety Grant, which gave the department four additional motor officers, which means that that number has now grown to 38. He stated that the department's focus and goal is to hire all 38 positions before the fiscal cycle ends. Chief Billdt noted that the Mayor had reminded everyone of the progress that has been made this year as a City in reducing crime. He stated that in his view and based on his professional experience, this progress is the outcome of the City's collaborative effort with the California Highway Patrol and the San Bernardino Sheriffs Department, who have provided the City with temporary resources to assist us in reducing crime in our community; it is the outcome of the three tenets of Operation Phoenix —suppression, intervention, and prevention; and it is because of the hard work of his officers, who have worked tirelessly in addressing the crime problems in our city utilizing Crime Impact Teams and the Beat Plan. Chief Billdt stated that he had put together an outline of what he believes is essential to sustaining the momentum for reducing crime in the city, for a total Police Department Measure Z budget through June 30, 2007 of $1,517,100, as follows: • Crime Impact Teams: $625,000 • Enhanced recruitment efforts: $147,800 • Deployment of 10 additional police vehicles to field operations: $304,600 • Helicopter contract and related equipment costs: $309,700 • Anti -gang Initiative (to be developed): $130,000 Mayor/Chairman Morris noted that Measure Z and Measure YY requirements are that we not only spend our resources raised by Measure Z for police officers and support personnel and funding anti -crime activities, but also drug education and supervised after -school activities. He asked City Manager Wilson to 16 01/08/2007 describe the strategy for the expenditure of a modest amount of these resources to be raised between now and the end of the fiscal year on those activities. City Manager Wilson advised that the Chiefs proposals totaled about $1,517,000 out of the total budget of $1,650,000, so it was being proposed that the remaining $133,000 be used for a couple of programs that relate to activities for the city's youth, to help address the issue of juvenile crime, as follows: • Roving Recreation Program: $61,000 • "After School at School" recreation sites: $28,400 • Saturday Operations at Community Centers: $32,500 • Youth Employment Program: $11,000 Council Member/Commissioner Brinker distributed and reviewed with the Mayor and Council a document titled, Measure "Z" Financial Accountability Plan, which contained five steps that he believed may have been left out of the process that need to be done first, prior to talking about the specific line items. Briefly, these steps were defined as: 1) Create a separate accounting fund to monitor all Measure "Z" tax receipts; 2) Define general fund baselines for ALL public safety spending from the previous year; 3) Create a true oversight committee that reviews Measure "Z" spending and priorities before they come to the Council for approval; 4) Set specific spending priorities; and 5) Unanimous consent ... a gentleman's agreement that the Council will not vote on any Measure "Z" spending until they have unanimous consent. Mayor/Chairman Morris commented on Mr. Brinker's suggestions, stating that Step #1 was an assured fact —there will be careful monitoring and tracking of all the Measure Z tax receipts to avoid what Mr. Brinker suggested might happen in Step #2, and that is supplantation of other funds that might be used for other purposes. He stated that he thought we would have a tracking system defined by Finance Director Barbara Pachon that will enable staff to do just what Mr. Brinker suggested. Relative to Step #3, Mayor Morris advised that the oversight committee was designed specifically as an audit committee —it was intended and written to provide assurance to our constituency that we had used the money for the purposes defined by the initiative. He stated that the committee was not intended to act as a recommending body for purposes of how we expend that money —that is the job of the Council as policymakers, with the recommendations of our professional staff, who have moved ahead over these last many months to articulate a strategy that has been very successful in addressing crime in this city. In fact, the committee is really envisioned as an audit committee to report annually to the electorate about the City's faithfulness in administering these resources as they voted in the November election. 17 01/08/2007 Regarding Step #4, Mayor Morris stated that all but a modest amount of the money is focused on suppression. He stated that this is a program that in the first three months is driven by the need to ramp up our police services —we have lost the goodwill donation of our County Sheriff's officers and the State CHP officers; and we are backfilling with great vigor with our Impact Teams and with our stepped -up recruitment efforts, and that is the Chiefs best recommendation to the Council on how to achieve our additional manpower on the streets as well as keeping the nighttime hours filled with good law enforcement pending the ramp -up of our Police Department based upon a 30- month recruitment plan. With regard to unanimity, the Mayor stated that he would love to have this Council work toward that goal —he thinks that working toward that end with the important assets we have been gifted by our electorate is an important goal to obtain. Council Member/Commissioner Brinker advised that if the Council were to expand the oversight committee to what he had described, he thought that would fit better with what he knows his constituents expected when they voted for Measure Z. Mayor/Chairman Morris stated that he authored Measure Z and wrote the recommendations that the voters adopted, and it was specifically set out as an audit committee, not as a committee that would recommend to this body how this body and its professional staff should allocate the resources. He noted that the Council voted by way of resolution to adopt a committee with one recommendation from each of the Councilpersons and two recommendations from the Mayor to staff an audit committee, and that was done on August 7, 2006, at the suggestion of Council Member/Commissioner McCammack. Council Member/Commissioner McCammack advised that her intention was not as an audit committee —that she specifically intended that the committee be set up exactly like our other City committees are set up —that was her personal intention when she made the motion. Council Member/Commissioner Derry stated that Mr. Brinker was right, and he didn't think that staff had addressed Item #2 that says to define general fund baselines for all public safety spending --basically taking the police budget, setting aside and saying any Measure Z funding used would be augmentation, not to supplant other funds. He stated that he believed one other thing needed to be added —that Measure Z not only needs to have a separate accounting fund to monitor all tax receipts coming in, but there needs to be a separate auditing system that monitors where 18 01/08/2007 those funds have gone —and whatever we spend it on, it needs to augment the existing services, not to supplant those funds. Mr. Derry stated that he also agreed with Mr. Brinker and Ms. McCammack relative to the committee and its functions. He stated that it was his understanding that an oversight committee is an oversight committee —not necessarily an audit committee —and that the oversight committee would make recommendations as well as see what the Council did after the fact. He stated that he thought that was the way most of the voters thought it was intended. Mr. Derry also pointed out that the City won't start collecting Measure Z tax until April 1, so it won't see the first revenues from Measure Z until probably June when the check gets cut from the Board of Equalization. City Manager Wilson stated that that was true, but what is being discussed today is simply a budget action, and typically budget actions are driven by monies coming and going during the fiscal year, not based necessarily on when the money comes in. Mr. Derry stated that he understood that, but this is slightly different since it is brand new and was not budgeted for this year. He noted that the Council had earlier approved the contract for the helicopters, and if they determine that they need to spend money now, they can take it out of the reserve temporarily and then look back and do whatever they need to do. He stated that his concern was that they do this right the first time, because whatever they do here will set a precedent for future years. Council Member/Commissioner Estrada asked for clarification of her understanding that the positions approved by the Council in the combined hiring plan of 50 sworn and 10 non -sworn police personnel were funded in the current 2006/07 fiscal year until June 30, 2007. Mayor/Chairman Morris pointed out that the critical issue here was that at the time it was a dream and not a reality in terms of budget, and that's when he sat down with the Director of Finance and the City Manager and the Chief and decided that we needed to go to the electorate and get those resources required to do the job that the Council hoped to achieve. Following additional discussion, Director of Finance Barbara Pachon advised that during the budget cycle the Council did want to move ahead and start with the hiring plan, and there wasn't enough money to go ahead with the whole hiring plan, so what they talked about and what they looked at was the first phase-14 sworn officers and 3 non -sworn personnel for a total of 17 positions. To get them started in the budget, they did partially fund some money in this year's budget for those 17 positions, but these positions are not fully funded — that money would have to come from some other source. Because the hiring 19 01/08/2007 plan is staggered, some of those 14 positions are only funded for one month. She concluded by stating that in this fiscal year we did put in the 14 sworn and the 3 non -sworn positions, but it was not for a full year of funding and come next fiscal year, it was her understanding that they were designed to be part of the Measure Z funding. Ms. Estrada stated that her point was that we are talking about 2006/07, which ends in June; and these positions are budgeted for 2006/07. Ms. Pachon confirmed that partial funding is until June 2007. Extensive discussion continued regarding the hiring of the police positions, the timing of the hiring, which positions were budgeted in the 2006/07 budget and which positions were to be funded in 2007/08. The main concern seemed to be the problem of making sure that there were separate accounting mechanisms to guarantee that the regular Police Department budget and Measure Z monies were not mixed, that Measure Z monies do not supplant regular budget monies, and which officers were to be funded with regular budget monies and which officers were to be funded with Measure Z monies. There was also discussion regarding the actual structuring of the accounts and the fact that there are revenue accounts and expenditure accounts, and how all of this would work with Measure Z. Mayor/Chairman Morris noted that funding for 50 officers was not included in the initial recommendation. The plan was to recruit them, to backfill with our Impact Teams —resources to pick up where we have left off with our borrowed resources from the Sheriff and the CHP—and then to begin with the equipment that the Police Chief requires —the ten additional police vehicles —so that he also can put more people in the field. He pointed out that we are vehicle deficient in the department and they are unable to make themselves available in the field at all times when required because they are waiting for vehicles to come in when the shift changes. He noted that we can be far more efficacious in the allocation of existing resources with additional material. Chief Billdt noted that in terms of the cars, one of the problems that we have is that police are hard on cars and sometimes they break down; and unfortunately they are down for a period of time. What then occurs is —for example —his Shift 4 personnel, which is the overnight shift, will come in, and all the police cars will be in the field, and they have to wait for Shift 2, which gets off about 10 p.m. to come in, so they can then exchange cars and get in the field. This has been an ongoing problem, and as they add these Crime Impact Teams, which require him to put officers out in the field, it's further impacted his ability to get police officers on the street. He stated that he needs ten police cars for efficiency purposes, so that he can ensure that when his personnel come in they are not sitting around the station waiting for a car when they could be out in the field dealing with the issues at hand. 20 01/08/2007 Council Member/Commissioner Kelley thanked the Chief for being candid with the Council. He stated that he thought Council Member/Commissioner Brinker's Measure Z Financial Accountability Plan was well thought out and sets a direction that he thought the Council should strongly consider. He stated that he could see the passion and the commitment that the Mayor had for this program, and he appreciated that. However, most importantly, as the policy makers, he felt they needed to hear from the public. He stated that no matter who wrote the measure, or whether the committee was envisioned as advisory or as something else, the members of the public were ultimately the ones who voted on the measure; and their perception and their thoughts when talking to him outside of the market, at church, and at the Little League fields have conveyed to him that they want all this money allocated to the police officers. Council Member/Commissioner Kelley stated that he understood why staff was looking at $132,900 for doing some of the things that had been discussed this evening, but he thought that as a Council they needed to come up with a long- term strategy —one that articulates exactly what they are going to do as the policymakers, one that was envisioned by the voters as to what we were to do with their money. He stated that the Council owes it to the public to set up that advisory committee and make sure that they (the Council) is taking care of their (the public's) hard-earned dollars in the way that they envisioned it when they went to the polls. Council Member/Commissioner Johnson thanked staff for their report, stating that he thought it was a very good start —that we are coming into $1.6 million and just how to divvy that up to start this ball rolling —he thought it had been laid out pretty well. He reminded everyone that when Measure Z was written there were elements in it for suppression and there were also elements in it for prevention; and that was included in the staff report. On the police side alone, 92 percent of these funds are going to the police —and even at that, 8 percent of that 92 percent is going to fund an anti -gang initiative —and that is not direct police force —that's prevention. So it has taken on all elements of what we need to make this city a better city. He stated that going back to the ten additional vehicles, the Council recognized that this would be a one-time cost right now, other than the maintenance that will continue. Therefore, even though they are taking $300,000+ for the vehicles, that is a one-time cost, and he thought that needed to be made clear to the public. Relative to the Roving Recreation Program, he stated that something that he might see as a problem is that as these kids start coming to this Roving Recreational Program they are looking for homework assistance, but what happens if this Roving Recreational Program vehicle is in another neighborhood? 21 01/08/2007 Mayor/Chairman Morris noted that in the best of all possible worlds we would provide centers for our after school programs for our children; and the ultimate solution, as Mr. Brinker talked about at today's Council meeting, is a collaboration with our school districts. However, that takes partnership, and his excellent suggestion of a bridge committee is an important step down that road. He agreed that homework centers in collaboration with our school districts would be an excellent way to go because it can leverage the City's scarce resources into a much larger framework of accomplishment. The Mayor pointed out that this is an attempt in our most at -risk neighborhoods to do what we have done with Operation Phoenix at the Operation Phoenix Center in that 20-block area, that has reduced substantially the truancy, and enhanced in many ways the lives of those kids and created a place for safe activities after school. He noted, however, that when you look downstream at the cost of articulating similar centers throughout the at -risk corridors, it is a major fiscal challenge, and he believed that the limited resources that we have available in Measure Z may not cover the bill for on -the -ground facilities in every at -risk corridor. This roaming after -school program through Parks and Recreation is an initial attempt to address a problem that kids have nowhere to go at all and no activities that are constructive and beneficial after school in the most blighted zones of our city. It's a very modest initial attempt to meet their after -school needs to keep them safe and occupied constructively with activities. Council Member/Commissioner McCammack stated that she had several questions, although she was not sure they could be answered today because it will take the compiling of some numbers, but she felt compelled to get the answers to these questions so that they could put this whole puzzle together and so that she personally could feel that they are making a sound decision with all the monies that they are talking about. Ms. McCammack stated that where she grew up the Police Department funded PAL centers through contributions from the police force. She stated that the Mayor had mentioned earlier that the kids have nowhere to go and nothing to do; and she was sorry, but where are their parents? She stated that she thought this was a really crucial question, and unless we solve the parental problem, she didn't know if this Council would see the fruits of their labor to the kids for a good 15 years. Other questions posed by Ms. McCammack included: • How much is the total amount we currently spend through our general fund on all of our social programs, all of our after school programs, and all the community centers —total amount? 22 01/08/2007 • How much does one "Operation Phoenix" cost in a 20-block area for six months? She noted that with Operation Phoenix money, we spend taxpayers money, but we don't very often have a final tally of the results of those expenditures. She thought the Council had a responsibility to those kids to make sure that this is going to be a successful step for them, but there is no way for the Council to know that unless they know how they are going to follow these children. Basically, they need to know how these other dollars that they are spending in an Operation Phoenix setting — how can they measure the results of those programs? And, how long is the tracking going to occur? • How do the potential Measure Z money expenditures fit into the general fund picture? • Lastly, what about displacement issues. Ms. McCammack noted that there are getting to be more and more nuisance crime/quality of life issues starting to happen in a 20-block area between Waterman and "D"/Highland and 30'. She stated that she is truly afraid that the criminals are not hanging out in the 20-block Operation Phoenix area, which is a good thing; but they've moved. They have moved to other apartment complexes —quite possibly the Parkdale Apartment complex. They are moving out of the area because the police presence is there, which tells her that we need more police —a lot more police —and she is not sure that 40 officers is enough. Chief Billdt advised that the issue of displacement is not new; and there is no question that if you have a focused sustained effort in an area of town, that you will see some level of displacement. Some of it will be to other portions of the city and other times it will be to other cities; or people will move out of the area because they feel there is heightened police awareness of the criminal element and they just want to leave because the heat is on —so they go elsewhere. He stated that the more difficult thing is, how do you address it —and there are several ways you can address it. You could choose not to be proactive, so you would not have displacement, which is not the answer. Or, you can look at the community on a more global basis and identify the crime spots in other geographical locations, which they are already doing through their Community Policing Model and their Area Command District Model. Council Member/Commissioner Estrada stated that a major concern for her personally is the use of a lot of overtime, because it is a stressful job to begin with and then to have officers putting in that much time, she thought the City could be setting itself up for some real problems. And that is why she had 23 01/08/2007 asked the City Manager, since we are anticipating "X" number of dollars and since property tax money was good, etc., should we not cut a deal with the Sheriff's Department and get some of those deputy sheriffs under contract, so that we would enlarge the police force, or at least try to keep it as large as it was when we did have some help in order to alleviate that pressure and that stress of so much overtime. She noted that the City Manager had called Sheriff Penrod's office; however Penrod had said he had no extra personnel to help us. Mayor/Chairman Morris stated that the Sheriff's office is looking to hire a host of additional personnel himself, and his County Board will not even begin to sit still to allow us to either beg, borrow, or fund resources for which they are in great need. We have done all we can to bring those assets to our city, but the gifting is over and there is no chance that we can hire resources from sister agencies either. He advised that an L.A. Times article had indicated that the LAPD is looking for a thousand good men and women to staff -up their police department; Sheriff Baca of the L.A. Sheriff's office is doing the same; and sister cities all over the region are doing the same. That is why we need to be, and we are, very competitive in terms of our salary and benefits structure right now, but we need to beef -up our recruitment and get these people on staff. He noted that once we have them in our police department, it turns out they are remarkably loyal and hardworking and career long in devotion to us, but there is no way we can, at this point, secure more officers besides doing it on our own dollar and our own time. Chief Billdt stated that one of the things they have tried to do with the overtime is to schedule it in such a way that the increments of time are small —five hours —and they have made it voluntary. It has been his experience that when you make overtime voluntary and when you make it in small increments of time it works very well; and it's only when you have a hard time filling that overtime that you then see that there may be some issue with respect to the officers not wanting to work it. He advised that he has talked with the POA president and to his staff, who are filling the overtime; and many of the officers are coming in on their day off to work —so it is not a back-to-back shift. He stated that the bottom line for him is that until he can get all of these people hired and in the field and trained, he needs to sustain the efforts that they have put forth during 2006 to keep the crime level suppressed and to continue to see the success that they have seen in the reduction of crime. He stated that he shared the Council's concerns, but he didn't see it at this point as being an issue that would require him to recommend that we stop overtime. If it came to that, then he would rely on his managers and his sergeants to tell him —and that is not the feedback that he has gotten from his people. 24 01/08/2007 Council Member/Commissioner Kelley stated that perhaps we could take some of the money from overtime and do some higher and bigger signing bonuses so that we can have lateral transfers that are already sworn police officers that can be on the street on Day 1. Council Member/Commissioner Kelley made a motion to continue this matter and come back with a plan to implement the Measure YY component and get some recommendations from the committee members that we were all going to appoint, and maybe take a working document from that point and improve upon it or hear from staff as to why we can't do those certain things, send it back to the committee and move forward. Council Member/Commissioner Brinker stated that he would second Mr. Kelley's motion, but he still had a couple of things he wanted to say. Council Member/Commissioner Brinker stated that he liked the plan that had been brought forward. He stated that his only concern was that basically they were commenting on the plan that staff brought forward, but they hadn't discussed what the Council members thought would be good for their wards, and he wanted an opportunity for them to put some things in the mix. He noted that he had been pretty adamant about his desire for truancy sweeps. He also believed they needed to focus on graffiti, and having money and resources allocated within the Measure Z spending for those items was important to him. He stated that was not to say anything against staff's plan —he thought there were good things there, but some of the things he wanted weren't there yet. He stated that he would like to see Code Enforcement beefed-up. He noted that the Council members were spending a lot of time commenting on the items brought forward by staff, but they had not been able to put forth their priorities —the things that they feel would most benefit their wards and the city. Council Member/Commissioner Baxter stated that this is a living, breathing document, and he thought it would be going through its growth period. He stated that he was not prepared to take any action tonight on it; however, he thought they were all in agreement with one thing —they all needed their input to make it what they believed the voters wanted. He stated that the voters did tell them —and the constituents have told them time and time again —what they expected it to be; and that his constituents certainly expected this citizens' advisory committee to be just that —an advisory committee —that's what their expectation was and that is what their perception was. He stated that he agreed with the other Council members who wanted to hear from members of the public who were present and wanted to speak prior to closing the meeting. 25 01/08/2007 Mayor/Chairman Morris noted that the intent of the meeting was to have an opening dialogue. He stated that staff had brought forward a plan, and it was the articulation of their best thoughts. He reminded everyone that staffs strategies carefully thought out mid-term last year, articulated both citywide and in the discreet 20-block area of Operation Phoenix, have had a profound positive impact on crime in our city. He stated that for the first time in memory we have worked our tails off as a police department, but also we have worked very hard in empowering the citizens of the Operation Phoenix area and beyond to take charge of their lives. We've empowered nonprofits, we've empowered the County, we've empowered the State Parole —all of those folks have been partners in this alliance to attack this tragic issue which dominates our city's landscape. He urged the Council to please understand that their strategies have been remarkably successful, and the historic idea of simply scatter gunning assets over the face of the city, which has been done since time has memory, has not done anything except scatter resources in a way that has not been effective. He pointed out that this plan has had a major beneficial impact, and putting together a plan for the final six months of our fiscal year does not necessarily imprint Measure Z with what's to come. He stressed that the City has to recruit officers and has to maintain the Impact Teams, as that is a critical aspect of what's made this successful. In addition, they need those automobiles that the Chief talked about so that officers are in the field at every possible moment and not harnessed to the station awaiting the arrival of their colleagues' cars to come off the last shift. He stated that those are critical issues to keep what has been a marvelously effective policing strategy in full force and effect. The following individuals commented on Measure Z and Measure YY: Tom Dolan, Inland Congregations United for Change, stated that they have met with the Mayor on multiple occasions, and one of the things that many of their members have been very clear about Measure Z is that it is not simply a measure to raise funds solely for the Police Department. It was their understanding, through many of these meetings, that some of the money would be earmarked for prevention and intervention programs; and many of the people who voted for this measure were very clear about that. He stated that having voted for a measure that collects funds to be spent in an evenhanded way to reduce crime and create a safe environment in our city, to develop programs that are both for intervention, prevention, and suppression, to spend those funds in any other way than that sends an inappropriate message to our voters, and especially to our youth. 26 01/08/2007 Kathleen Olguin, member of Our Lady of Rosary Cathedral, stated that she has been involved with the youth and they want to see how this Measure Z and YY are handled, and they are looking to their leaders and their policy makers to see that they are represented as well. She mentioned the possibility of addressing career development and job opportunities in partnership with businesses, schools and churches. Rich Lawhead, President, San Bernardino City Police Officers Association, noted how you can still drive around town and look at the old Measure Z signs that are up —and they say more cops —they say we are going to take crime seriously. He stated that he is not against any kind of recreation programs —he's not against the recreation people getting their money —he thinks that is important. He stated that he thinks the focus needs to be on the Police Department, which has taken cuts over the last ten years —they have had to cut CSRs, records clerks, and everything else —the only thing that hasn't been done is to cut a police position. He stated that they may not have filled it because they couldn't fill it, but they need to get the department built back up. Once all those things are built back up, once they've done everything, then let's look at programs, let's look at other things we can do; but he thought the Council really needed to take that hiring plan seriously. He stressed that we need to get cops on the street. Jim Mulvihill, 407 West 25" Street, member of Holy Rosary Church and a member of ICUC, stated that we have had suppression —that's the only program that we have had, and it hasn't been effective simply because crime, as we all know, is not a one-dimensional issue. He noted that the City has limited resources, and it needs to partner with the business community and with the faith community —that crime is a moral and a spiritual value issue, and so obviously the faith community should have as much influence on this as suppression alone would have. He stated that what he wanted to underline was what Mr. Dolan and Ms. Olguin had to say with regard to the broader aspects of intervention and prevention as well. Phil Savage, a local attorney, stated that he has served on a few different citizen advisory committees during his tenure here in San Bernardino, and he wanted to comment on the citizen's committee issue because he thought it was very important. He stated that the advisory committees he has served on have had tenures of quite a length of time. However, it seemed to him that what we are talking about here are issues that need to be developed by the professional staff of the City, the wise Councilpersons with the assistance of our Mayor, and that the purpose of the committee that will be providing the audit and oversight is to do just that —it is not to be the policymaking committee. He stated that he thought the citizens trusted their elected leaders and staff to do that. He stated that we need to be moving on these issues of fighting crime in this town rapidly 27 01/08/2007 and not get bogged down on getting committees developed. He stated that the Council needs to develop the policies, and the staff should develop the procedures and implement them and have the citizens oversight committee be just that, to make sure that everything is going in the right direction. Council Member/Commissioner Brinker stated that he thought there was a misperception that he was not in favor of youth programs, and he wanted to clarify that. He stated that he is a middle school teacher and has lived his life with the youth of our community, and he believes in the value of those programs. In fact, he would double the amount being spent on youth programs; however, he wouldn't use just Measure Z money. Mr. Brinker stated that he had been told that last year the City used CDBG money in the amount of about $300,000 for our police force. Since we are not going to need that CDBG money going forward, because we are going to have Measure Z money, he would suggest that the CDBG money blocked out for law enforcement be transferred over and use that money for youth programs. He stated that he has some different ideas about youth programs —not necessarily the ones mentioned in the plan. He stated that he would love to see us push for the PAL centers, and he would love to see expansion of the Police Explorers and Fire Explorers. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McCammack, that the Mayor and Common Council approve the request from the Chief of Police to purchase equipment needed to outfit ten police vehicles for a total cost of $304,600, as outlined in the staff report dated January 4, 2007, from the City Manager's office. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. City Clerk Clark read the motion made by Council Member/Commissioner Kelley, seconded by Council Member/Commissioner Brinker to refresh everyone's memory. Council Member/Commissioner McCammack asked if they could add to the motion that the Council take the recommendations that were made this evening, compile a document —because she thought they all have done their own individual homework, and she heard a lot of good ideas that maybe hadn't been heard up to this point —and maybe also with that document get the questions answered that were asked this evening before they are able to reconvene so they have enough information to have done some work and then continue the work. 28 01/08/2007 Mayor/Chairman Morris noted that there were so many questions asked that a better way to have the questions answered would be to have individual Council members talk with the Chief, talk with the City Manger, talk with the Mayor's office about these issues and not attempt to document this in a way that creates a report that is going to be monumentally heavy in preparation and possibly not that useful in its ultimate form. Council Member/Commissioner Kelley stated that as the maker of the motion he understood what the Mayor was trying to do, and he agreed with the Mayor; but unfortunately, because of the Brown Act they couldn't all communicate with each other. However, by compiling that document they could all have one document to read through and get some of those questions answered. City Manager Wilson stated that he was going to suggest a couple of things. First, relative to the Citizens Oversight Committee, there was already an action to appoint committee members, and he would urge the Council members to do so as soon as they reasonably can —hopefully by the next Council meeting so they can begin to get the committee organized and begin to move that forward. Secondly, his suggestion would be that he and the Chief spend time with the Council members. He stated that there had been a lot of discussion and good dialogue tonight, but he thought staff needed time to sit down and talk with each member of the Council individually to make sure that it is very clear the direction we are moving. He stated that he had a lot of notes and there had been a lot of questions, and he needed time with the Council members to work through the issues so that when staff comes back to the Council in a month or so, they can give the Council a nice concise document that lays out and addresses all the issues that came up today. Council Member/Commissioner Brinker stated that he had actually created a list of what he would like his spending priorities to be, and since this is an open meeting, he would like to go ahead and share that at this time —that way staff will know what his priorities are, and if they are looking to add them into their plan they can certainly do so. Council Member/Commissioner Estrada stated that she thought they owed the Chief of Police a better sense of where they were going as a Council, because the Mayor and the Chief gave the Council a proposed plan tonight and they didn't act on the whole plan; and she, as an individual, would certainly like to know where her colleagues want to go with this. She asked whether the other members were looking to approve part of this plan, add to it so that the Chief knows that there would be something happening in the next 30 days, or something to that effect, or are they talking about really looking at the whole picture. 29 01/08/2007 Mayor/Chairman Morris stated that he was not uncomfortable at where they had arrived this evening —that it had been a really helpful dialogue with the Council, and he hoped the Chief and the City Manager felt equally encouraged by this dialogue. He stated that there were some good ideas on the table tonight, and the Council members had not in any way eschewed the constructive opening gambit of this dialogue with the Chief, the Mayor, and the City Manager. He noted that the Council had approved a critical contract to lease the chopper for the additional six months, they had allocated resources to put the cars on the streets at the earliest possible date, and they were making progress here. He inquired whether Chief Billdt felt comfortable with where they were right now. Chief Billdt stated he felt very comfortable and appreciated the Council's support in giving him the helicopter to sustain the program and giving him the cars to put out in the field. He stated that he was going to continue implementing the strategies that have been set forth, and they could wait a month. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued for one month and come back with a plan to implement the Measure YY component and get some recommendations from the Committee members and maybe take a working document from that point. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 34. Request from former Police Detective Gina Meyer for payment of lifetime medical expenses Assistant City Attorney Easland advised that Ms. Meyer had contacted City Attorney Penman in October and December of 2006 requesting assistance in seeking help from the City to assist her in paying her medical premiums. She explained that Ms. Meyer was a 16-year veteran of the Police Department when she was compelled to take an industrial retirement due to a brain tumor. At that time her prognosis was a life expectancy of three months, she had a 2 year old and a 31/2 year old, and she felt compelled to resolve her ongoing Workers' Compensation case and take an industrial retirement in light of her prognosis and wanting to get all she could for her children. As it turns out, she is still with us, but has ongoing medical expenses that she did not expect to have —the premiums and the co -payments. Therefore, she contacted Mr. Penman to place her request for assistance from the City on the agenda. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the Mayor and Common Council grant the 30 01/08/2007 request from former Police Detective Gina Meyer to pay 100 percent of her lifetime medical expenses, which would also maintain and strengthen the morale of the City's police officers and other City employees. City Manager Wilson advised that he would recommend that the Council approve recommended motion #2, which would be to approve the payment of Ms. Meyer's monthly medical insurance premiums for a period not to exceed three years. He stated that he felt it would be a reasonable solution in light of the current situation. Council Member/Commissioner Baxter stated that he wanted the public to understand the rudimentary cause of where this all stems from —the Duffy Street train derailment approximately 18 years ago when toxic chemicals were spilled in our city and Ms. Meyer was one of four first responders, and the other three have all passed away from cancer. Ms. Easland added that Ms. Meyer also ascertains that while working narcotics, on a number of occasions she had methamphetamines thrown into her face, and although she is not an expert on Workers' Compensation law, it is her understanding that cancer is a presumptive industrial injury for a police officer. Council Member/Commissioner McCammack stated that a potential middle ground for the Council to consider due to the historical background on this case and the position Ms. Meyer has been put in financially, is not only the insurance premiums and co -pays that she is required to pay, but she is also having to pay out-of-pocket $5,000 a year for MRIs, which has also become a financial burden for her. She stated that she felt it was only fair that if the City can pay out some of the medical retirements that they do pay, that the Council could at least consider this item in the nature that they are. She stated that she would like to suggest, as a potential secondary option for Ms. Meyer, that the Council consider adopting motion #2—paying Ms. Meyer's entire monthly medical insurance premiums for a three-year period (and the matter could be re- considered at the end of that time), and that they consider giving her an additional $5,000 a year to pay for the MRIs. Mayor Morris stated that it is important to note that this is essentially a gift of public resources, and that for the lifetime benefit, staff has no ability to calculate that obligation on behalf of the City. However, the obligation for funding the premiums only for a three-year period as provided under motion #2 would be a little under $15,000, and provides the Council with an opportunity to look at this issue again at the end of the three years. Council Member/Commissioner Kelley amended his motion, seconded by Council Member/Commissioner McCammack, that the Mayor and Common Council grant the request from former Police Detective Gina Meyer to pay 100 percent of her lifetime medical expenses, which would also maintain and 31 01/08/2007 strengthen the morale of the City's police officers and other City employees, with up to an additional $5,000/year for required MRIs. Council Member/Commissioner Derry stated that while the current circumstances are unusual, the awarding of lifetime medical expenses for someone injured in their duties is not unusual at all in the City —in fact, it is commonplace, particularly in our public safety services. He stated that there is nothing unusual about this, and the City does this on a regular basis for officers injured in the line of duty and permanently disabled. Ms. Meyer provided an overview of her career as a police officer and the events leading up to her request for the City to pay her medical expenses. She reiterated that she was given anywhere from three days, to three weeks, to three months to live, and this created a great urgency for her to accept the best deal on the table at the time for providing for her young children. Regarding whether this was a gift of public funds, Ms. Easland stated that based upon her research she felt comfortable that the Mayor and Council have the legal justification to do what they are doing. She stated that the prohibition of giving a gift of public funds is found in the California Constitution, and it is Article 16, Section 6. She stated that this has been held not to apply to charter cities, and she cited two leading Supreme Court cases which support this action by the Mayor and Council. She stated that the courts have also recognized actions taken by a legislative body to strengthen and maintain employee morale, which this would certainly do, as well as the recruitment benefits of taking such action; and PR benefits have also been recognized by the courts as a legitimate public purpose. The amended motion made by Council Member/Commissioner Kelley, seconded by Council Member/Commissioner McCammack, that the Mayor and Common Council grant the request from former Police Detective Gina Meyer to pay 100 percent of her lifetime medical expenses, which would also maintain and strengthen the morale of the City's police officers and other City employees, with up to an additional $5,000/year for required MRIs, carried by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 35. Public Comments Jim Smith, 1156 East 24'" Street, San Bernardino, CA challenged the leaders of the City to again be recognized as an "All American City" as they were in 1976. He stated that the Chamber of Commerce, the Elks, and the Native Sons of the Golden West would be anxious to participate in moving toward this goal. He also noted that Flag Day in the United States and Flag Day in California are both celebrated on June 14 and invited the Mayor and members of the Council 32 01/08/2007 to represent the City on June 14, 2007, at the Flag Day celebration sponsored by the Native Sons and the Elks. 36. Adjournment At 7:22 p.m., the meeting adjourned. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, January 22, 2007, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. No. of Items: 36 No. of Hours: 5.75 RACHEL G. CLARK /City Clerk -�� By: '"�� I�`^'..1/'�- Linda E. Hartzel Deputy City Clerk 33 01/08/2007