Loading...
HomeMy WebLinkAbout06-Council Minutes CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris Council Membel1l: Esther Estrada DeTlllis J. BOX/er 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 JULY 16, 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 1:34 p.m., Monday, July 16,2007, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Ron Can Roll call was taken by City Clerk Clark with the following being present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Johnson, McCanunack; City Attorney Penman, City Clerk Clark, City Manager Wilson. Absent: Council Member/Commissioner Kelley. Council Member/Commissioner Kelley Arrived At 1:45 p.m., Council Member/Commissioner Kelley arrived at the Councill 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): People v. Union Pacific Railroad - San Bernardino Superior Court Case No. SCVSS 144269. 1 07/1612007 B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (I), (2), (3) (A-F) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: Flores v. City and Gaynor Johnson - San Bernardino Superior Court Case No. CIVSS 700464; Goldin~ v. City and City of Riverside - San Bernardino Superior Court Case No. CIVSS 700791; Windrow Earth Transport v. Robertson's Ready Mix; Robertson's Ready Mix v. City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 144574. 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: Ne.gotiator: Linn Livingston, Human Resources Director Employee Or~anizations: Fire Fighters Local No. 891 Police Officers Association Mid-Management Unit General Unit San Bernardino Confidential Management Association G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. City Attorney Penman announced that the following additional case would be discussed in closed session under Agenda Item No. 1B, significant exposure to litigation: 2 fY7/16/2007 Inland Communities Corp. v. City of San Bernardino, et al. (Paradise Hills). Mr. Penman noted that the three cases listed under Agenda Item No. IC, should also be listed under Agenda Item No. IA. 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 Reverend Woody Hall of Lutheran Church of Our Savior, followed by the pledge of allegiance, led by Councilman Chas Kelley. 2. Appointments - Bicentennial Ad Hoc Committee · Rabbi Hillel Cohn - Council Member Baxter · Bob D' Amato - Council Member Kelley · Cheryl Brown - Council Member Johnson Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that the appointments of Rabbi Hillel Cohn, Bob D'Amato and Cheryl Brown to the Bicentennial Ad Hoc Committee, as requested by Council Members Baxter, Kelley and Johnson, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCanunack. Nays: None. Absent: None. 3. Presentations Jamie Rios, Coordinator of the Miss San Bernardino 2007-2008 Pageant joined Mayor Morris in presenting Certificates of Recognition to Amanda Romero, "Miss San Bernardino 2007-2008"; Shelby Klopfer, "Miss Teen San Bernardino 2007-2008"; and Lauren Matich, "Miss Young San Bernardino 2007-2008." Ms. Matich was not present to receive her award. Councilman Brinker presented the Citizen of the Month award to Jerry Moya, Fire Commissioner in the Third Ward, for his persistence in addressing the issues in his neighborhood. Mayor Morris presented a Certificate of Appreciation to longtime resident and community volunteer Brenda Frederick in appreciation of her many years of loyal 3 07/16/2007 service to the community. Ms. Frederick is retiring and relocating to the Midwest. Peggie Hazlett, Assistant to the Mayor, read the names of the following individuals who were presented a service pin award by Mayor/Chairman Morris in recognition of their many years of dedicated service to the City: Name Gerald Cox Rina Marron Michael Smith David Frichtel Department Code Compliance Finance Fire Parks, Recreation & Community Services Police Public Services Public Services Christopher Gray Leonard Munz Gracie Washington 4. Announcements Years of Service 5 5 30 5 5 20 5 Announcements were made by the Mayor, members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding various civic, community, and chamber events and activities. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission, be waived. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCamrnack. Nays: None. Absent: None. 6. Claims & Payroll Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated June 28, 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, McCanunack. Nays: None. Absent: None. 4 fY7Il6/2007 7. Personnel Actions Council Member/Commissioner Johnson stated that he would be abstaining on Item No. 31 on the personnel list as his son is being employed by the City of San Bernardino. He left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Baxter, that the personnel actions, as submitted by the Chief Examiner, dated July 12, 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, McCammack. Nays: None. Abstentions: Council Member/Commissioner Johnson. Absent: None. 8. Resolutions authorizing the City Manager to execute Amendments to professional services agreements with Arias & Lockwood for representation on lawsuits RES. 2007-232 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of Amendments to the Agreements with Joseph Arias for legal representation. on Alvarez v. City of San Bernardino and City of San Bernardino Redevelopment Agency v. Alvarez. (8A) RES. 2007-233 - Resolution of the Mayor and Common Connci1 of the City of San Bernardino authorizing execution of an Amendment to the Agreement with Joseph Arias for legal representation on Maria Glander v. County of San Bernardino, et al. (8B) RES. 2007-234 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of an Amendment to the Agreement with Joseph Arias for legal representation on Shirley Goodwin v. City of San Bernardino, et al. (8C) RES. 2007-235 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of an Amendment to the Agreement with Joseph Arias for legal representation on Frank Ingram, III, et al' v. City ~&n&rnardm~d~ ~~ RES. 2007-236 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of an Amendment to the Agreement with Joseph Arias for legal representation on Jamie Johnson v. City of San Bernardino, et al. (8E) 5 07/16/2007 RES. 2007-237 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of an Amendment to the Agreement with Joseph Arias for legal representation on Sequenta Lawrence, et al. v. City of San Bernardino, et al. (8F) RES. 2007-238 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of an Amendment to the Agreement with Joseph Arias for legal representation on People v. Lapez and Cardenas, dd ~~. RES. 2007-239 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of an Amendment to the Agreement with Joseph Arias for legal representation on People of the State of California v. Manta Management. (8H) RES. 2007-240 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of an Amendment to the Agreement with Joseph Arias for legal representation on People of the State of California v. Manta Management et al. (81) RES. 2007-241 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of an Amendment to the Agreement with Joseph Arias for legal representation on Adrian Eugene Moore v. City of San Bernardino, et al. (8J) RES. 2007-242 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of an Amendment to the Agreement with Joseph Arias for legal representation on Michael Negrete v. City of San Bernardino, et al. (8K) RES. 2007-243 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of an Amendment to the Agreement with Joseph Arias for legal representation on J.R. et al. v. City of San Bernardino, et al. (8L) RES. 2007-244 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of an Amendment to the Agreement with Joseph Arias for legal representation on Christina Smith, et al. v. City of San Bernardino, et al. (8M) RES. 2007-245 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of an Amendment to the Agreement with Joseph Arias for legal representation on Mary Lauise V~as, et al. v. City of San Bernardino, et al. (8N) 6 frlI16/2007 RES. 2007-246 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of an Amendment to the Agreement with Joseph Arias for legal representation on TiTIWthy Weisenberger, et aI. v. City of San Bernardino, et aI. (80) Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolutions A-O, be adopted. Resolutions Nos. 2007-232 through 2007-246 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 9. RES. 2007-247 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute Amendment No. 5 to Cooperative Agreement 04-040 between the San Bernardino County Transportation Commission and the City of San Bernardino regarding the San Bernardino Metrolink Station and Santa Fe Depot. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-247 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 10. RES. 2007-257 - Resolution of the City of San Bernardino approving Amendment No. 1 to Agreement for Professional Services with TV UN International for the preparation of a project study report/project report for the University Parkway/Interstate 215 Interchange Loop Entrance Ramp Project (S804-19). Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-257 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 11. RES. 2007-248 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a Contract to L.A. Builders, Inc. for 1-215 Freeway Segment 3 Sewer Line Relocation (SW08-08) per Plan No. 11916. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. 7 07/16/2007 Resolution No. 2007-248 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCamrnack. Nays: None. Absent: None. 12. RES. 2007-249 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Parking Lease Agreement between the City of San Bernardino and Yohko Kobayashi-Arnett at 444 N. Arrowhead Avenue, in San Bernardino. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-249 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCamrnack. Nays: None. Absent: None. 13. Resolutions approving the 2007/2008 Assessment Rolls - various Assessment Districts RES. 2007-258 - Resolution of the City of San Bernardino confIrming the 2007/2008 Assessment Roll for Assessment District No. 951, Zone 1 and Zone 2, Landscaping Constrnction and Maintenance District, Wagonwheel Road area. (13A) RES. 2007-259 - Resolution of the City of San Bernardino confIrming the 2007/2008 Assessment Roll for Assessment District No. 952, Zone 1, Zone 2, Zone 2A, and Zone 3, Landscaping Constrnction and Maintenance District, State University area. (13B) RES. 2007-260 - Resolution of the City of San Bernardino conf'Il'Dling the 2007/2008 Assessment Roll for Assessment District No. 953, Landscaping Maintenance District, l(i'h Street and Medical Center Drive area. (13C) RES. 2007-261 - Resolution of the City of San Bernardino conf'Il'Dling the 2007/2008 Assessment Roll for Assessment District No. 956, Landscaping Maintenance District, Carnegie Drive area. (13D) RES. 2007-262 - Resolution of the City of San Bernardino conf'Il'Dling the 2007/2008 Assessment Roll for Assessment District No. 959, Zone 1, Landscaping Maintenance Assessment District, Shandin mils area. (13E) RES. 2007-263 - Resolution of the City of San Bernardino conf'Il'Dling the 2007/2008 Assessment Roll for Assessment District No. 962, Sewer Lift Station Maintenance District, Pine Avenue area. (13F) 8 07/16/Zr:m RES. 2007-264 - Resolution of the City of San Bernardino contInuing the 2007/2008 Assessment Roll for Assessment District No. 963, Sewer Lift Station Maintenance District, Allen Street area. (13G) RES. 2007-265 - Resolution of the City of San Bernardino confinning the 2007/2008 Assessment Roll for Assessment District No. 968, Landscaping Maintenance District, Airport Drive. (1311) RES. 2007-266 - Resolution of the City of San Bernardino confmning the 2007/2008 Assessment Roll for Assessment District No. 974, Landscaping Maintenance District, Rialto Avenue and Eucalyptus Avenue area. (131) RES. 2007-267 - Resolution of the City of San Bernardino confmning the 2007/2008 Assessment Roll for Assessment District No. 975, Landscaping Maintenance District, Pepper Avenue and Mill Street area. (13J) RES. 2007-268 - Resolution of the City of San Bernardino confmning the 2007/2008 Assessment Roll for Assessment District No. 976, Landscaping Maintenance District, Pine Avenue and Belmont Avenue area. (13K) RES. 2007-269 - Resolution of the City of San Bernardino confrrming the 2007/2008 Assessment Roll for Assessment District No. 981, Landscaping Maintenance District, Meridian Avenue and Randall Avenue area. (13L) RES. 2007-270 - Resolution of the City of San Bernardino confinning the 2007/2008 Assessment Roll for Assessment District No. 982, Landscaping Maintenance District, Piedmont Drive area. (13M) RES. 2007-271 - Resolution of the City of San Bernardino confrrming the 2007/2008 Assessment Roll for Assessment District No. 986, Landscaping Maintenance District, Rialto Avenue and Macy Street area. (13N) RES. 2007-272 - Resolution of the City of San Bernardino confirming the 2007/2008 Assessment Roll for Assessment District No. 989, Sewer Lift Station and Landscaping Maintenance District, Mill Street and Macy Street area. (130) RES. 2007-273 - Resolution of the City of San Bernardino confrrming the 2007/2008 Assessment Roll for Assessment District No. 991, Landscaping Maintenance District, Verdemont Drive and Olive Avenue area. (13P) RES. 2007-274 - Resolution of the City of San Bernardino confrrming the 2007/2008 Assessment Roll for Assessment District No. 993, Landscaping Maintenance District, Cajon Boulevard and June Street area. (13Q) 9 07/16/2007 RES. 2007-275 - Resolution of the City of San Bernardino confirming the 2007/2008 Assessment Roll for Assessment District No. 997, Landscaping Maintenance District, Chestnut Avenue area. (13R) RES. 2007-276 - Resolution of the City of San Bernardino confirming the 2007/2008 Assessment Roll for Assessment District No. 1001, Landscaping Maintenance District, Pennsylvania Avenue and Birch Street area. (13S) RES. 2007-277 - Resolution of the City of San Bernardino confirming the 2007/2008 Assessment Roll for Assessment District No. 1002, Landscaping Maintenance District, "H" Street area. (13T) RES. 2007-278 - Resolution of the City of San Bernardino confirming the 2007/2008 Assessment Roll for Assessment District No. 1005, Landscaping Maintenance District, Cajon Boulevard and Pepper Linden Avenue (Campus Parkway) area. (13U) RES. 2007-279 - Resolution of the City of San Bernardino confirming the 2007/2008 Assessment Roll for Assessment District No. 1007, Landscaping Maintenance District, Pepper Avenue and Randall Avenue area. (13V) RES. 2007-280 - Resolution of the City of San Bernardino confirming the 2007/2008 Assessment Roll for Assessment District No. 1012, Landscaping Maintenance District, Mill Street and Burney Street area. (13W) RES. 2007-281 - Resolution of the City of San Bernardino confirming the 2007/2008 Assessment Roll for Assessment District No. 1016, Landscaping Maintenance District, Coulston Street area. (13X) RES. 2007-282 - Resolution of the City of San Bernardino confirming the 2007/2008 Assessment Roll for Assessment District No. 1017, Landscaping Maintenance District, Pine Avenue and Kendall Drive area. (13Y) RES. 2007-283 - Resolution of the City of San Bernardino confirming the 2007/2008 Assessment Roll for Assessment District No. 1018, Northpark Boulevard and Mountain Drive Acquisition Assessment District. (13Z) RES. 2007-284 - Resolution of the City of San Bernardino confirming the 2007/2008 Assessment Roll for Assessment District No. 1019, Landscaping Maintenance District, Northpark Boulevard and Mountain Drive area. (BAA) RES. 2007-285 - Resolution of the City of San Bernardino confirming the 2007/2008 Assessment Roll for Assessment District No. 1020, Landscaping Maintenance District, Mill Street and Dallas Avenue area. (13BB) 10 07/16/2007 ,------- , RES. 2007-286 - Resolution of the City of San Bernardino contlnning the 2007/2008 Assessment Roll for Assessment District No. 1022, Zone 1, Zone 2 and Zone 3, Landscaping and Street Lighting Maintenance Assessment District, SBIAAI Alliance California area. (13Ce) RES. 2007-287 - Resolution of the City of San Bernardino confinning the 2007/2008 Assessment Roll for Assessment District No. 1023, Landscaping Maintenance District, Elm Avenue and Coulston Street area. (13DD) RES. 2007-288 - Resolution of the City of San Bernardino conf"lI"IDing the 2007/2008 Assessment Roll for Assessment District No. 1024, Landscaping Maintenance and Sewer Lift Station District, Iuland Center Drive and Riverwalk Drive area. (13EE) RES. 2007-289 - Resolution of the City of San Bernardino confinning the 2007/2008 Assessment Roll for Assessment District No. 1025, Landscaping Maintenance District, Palm Avenue and Washington Street area. (13FF) RES. 2007-290 - Resolution of the City of San Bernardino confirming the 2007/2008 Assessment Roll for Assessment District No. 1027, Landscaping Maintenance District, Watennan Avenue and Washington Street area. (13GG) RES. 2007-291 - Resolution of the City of San Bernardino confirming the 2007/2008 Assessment Roll for Assessment District No. 1028, Landscaping Maintenance District, Ohio Avenue and Walnut Avenue area. (13HH) RES. 2007-292 - Resolution of the City of San Bernardino confirming the 2007/2008 Assessment Roll for Assessment District No. 1029, Landscaping Maintenance District, California Street and l(i'h Street area. (1311) RES. 2007-293 - Resolution of the City of San Bernardino confrrming the 2007/2008 Assessment Roll for Assessment District No. 1030, Landscaping Maintenance District, Magnolia Avenue and Ohio Avenue area. (13JJ) RES. 2007-294 - Resolution of the City of San Bernardino confll"lDing the 2007/2008 Assessment Roll for Assessment District No. 1031, Landscaping Maintenance District, Irvington Avenue and Olive Avenue area. (13KK) RES. 2007-295 - Resolution of the City of San Bernardino confinning the 2007/2008 Assessment Roll for Assessment District No. 1032, Landscaping Maintenance District, Palm Avenue and Verdemont Drive area. (13LL) 11 07/16/2007 RES. 2007-296 - Resolution of the City of San Bernardino confirming the 2007/2008 Special Tax for certain parcels of real property within Community Facilities District No. 1033 for a portion of the operation and maintenance costs of the Verdemont Fire Station. (13MM) RES. 2007-297 - Resolution of the City of San Bernardino confIrming the 200712008 Assessment Roll for Assessment District No. 1035, Zone 1 and Zone 2, Landscaping Maintenance District, Palm Avenue and Meyers Road area. (13~ RES. 2007-298 - Resolution of the City of San Bernardino confirming the 2007/2008 Assessment Roll for Assessment District No. 1036, Landscaping Maintenance District, Northpark Boulevard and Campus Parkway area. (1300) RES. 2007-299 - Resolution of the City of San Bernardino confirming the 200712008 Assessment Roll for Assessment District No. 1037, Landscaping Maintenance District, Belmont Avenue and Magnolia Avenue area. (13PP) RES. 2007-300 - Resolution of the City of San Bernardino confirming the 2007/2008 Assessment Roll for Assessment District No. 1038, Landscaping Maintenance District, Orange Show Road and Arrowhead Avenue area. (13QQ) RES. 2007-301 - Resolution of the City of San Bernardino confirming the 200712008 Assessment Roll for Assessment District No. 1039, Landscaping Maintenance District, Irvington Avenue and Chestnut Avenue area. (13RR) RES. 2007-302 - Resolution of the City of San Bernardino confirming the 200712008 Assessment Roll for Assessment District No. 1040, Landscaping Maintenance District, Acacia Avenue and Hill Drive area. (13SS) RES. 2007-303 - Resolution of the City of San Bernardino confIrming the 200712008 Assessment Roll for Assessment District No. 1042, Landscaping Maintenance District, Shandin Hills Drive and Shady Creek Drive area. (13TT) RES. 2007-304 - Resolution of the City of San Bernardino confirming the 200712008 Assessment Roll for Assessment District No. 1043, Zone 1 and Zone 2, Landscaping Maintenance District, Palm Avenue and Irvington Avenue area. (13UU) 12 07/16/2007 RES. 2007-305 - Resolution of the City of San Bernardino conill'ming the 2007/2008 Assessment Roll for Assessment District No. 1046, Landscape Maintenance District, Northpark Boulevard and Northstar Avenue area. (13VV) RES. 2007-306 - Resolution of the City of San Bernardino, authorizing and setting the special tax rate for that certain area generally located north of Highland Avenue, East of Golden Avenue for paramedic services, Special Tax Area 2006-1, and approving the Fiscal Year 2007/2008 Tax Roll. (13WW) Council Member/Commissioner Johnson stated that he would abstain on Agenda Item No. 13C as he lives within 500 feet of that assessment district. Council Member/Commissioner Derry stated that he would abstain on Agenda Item No. 13SS as he lives within that assessment district. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Derry, that said resolutions A-Z and AA-WW, be adopted, except for 13C and 13SS. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Estrada, that said resolutions 13C and 13SS, be adopted. Resolution Nos. 2007-258 through 2007-306 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Abstentions: Council Members/Commissioners Derry (13SS only) and Johnson (13C only). Absent: None. 14. RES. 2007-256 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Contract with the County of San Bernardino and the Boys & Girls Club of San Bernardino to provide security improvements at the Boys & Girls ClublDelmann Heights using County CDBG funds. Council Member/Commissioner Johnson stated that he would be abstaining on this matter because he serves on the board of the Boys & Girls Club. He left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Brinker 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 2007/08 budget and increase Account No. 001-321-5706 by $23,600 to reflect the County CDBG reimbursement to be received. 13 fYl/16/2007 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, McCammack. Nays: None. Abstentions: Council Member/Commissioner Johnson. Absent: None. 15. Item Deleted. 16. Broker and Health Administration Services Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that the City Manager be authorized to negotiate the terms of the contract with Mercer Health & Benefits for broker and health administrative services. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 17. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute Amendment No. 3 to the Agreement between the City of San Bernardino and Boys and Girls Club of San Bernardino Inc., to operate a community center located at 2969 North Flores Street, San Bernardino, California. Council Member/Commissioner Johnson stated that he would abstain on this matter because he serves on the board of the Boys & Girls Club. He left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, McCammack. Nays: None. Abstentions: Council Member/Commissioner Johnson. Absent: None. Mayor/Chairman Morris stated that because there were several speaker slips on this item, he suggested that the matter be placed back on the agenda for discussion. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the prior action be rescinded and that the item be reconsidered. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, McCammack. Nays: None. Abstentions: Council Member/Commissioner Johnson. Absent: None. 14 07116/2007 Dolores Armstead, 2529 San Anselmo, San Bernardino, CA, president of the Boys and Girls Club of San Bernardino, asked why the City and the Police Department were willing to disregard opportunities for much needed dialogue between the City, the Police Department, our youth, and the community of Delmann Heights. She stated that she understood that the Police Department is willing to return an $18,000 grant from the Police Athletic League (PAL) because the area is too dangerous for an officer to be at the center. She stated that these funds were to be used to offset the costs of having an officer participate with the youth at the Delmann Heights Center. Ms. Armstead stated that this is a community that feels disenfranchised from the City and whose youth feel that nobody cares. The Police Department's action jeopardizes matching funds from the office of Juvenile Justice, which requires a PAL at Delmann Heights. She indicated that Delmann already took a $15,000 cut from Parks and Recreation, which also requires a PAL. Ms. Armstead noted that the National Boys and Girls Club had committed to participating in and supporting expanded programs at Delmann including a PAL program as an integral part of the expansion. Ms. Armstead stated that the community has many problems and this was an opportunity to improve dialogue and get the City's youth involved. She stated that the PAL program has a track record in other cities with the same or worse statistics than ours, and in those communities and cities where the PAL exists, dialogue with the youth, the community, the city and especially the Police Department has improved. The Police Department had already committed to place a PAL at Delmann Heights earlier this year. She asked that it be explained to the youth in the community why the City wants to throwaway this opportunity to improve relations and provide opportunities to this community. Walter Hawkins, 1060 Harriman Place, San Bernardino, CA, stated that he is a recently retired researcher from CaI State University and he has done a lot of work with youth and studies on youth in the area. He stated that he is also a member of the PAL Boys and Girls Club in Rialto and is a Rialto School Board member. He stated that as a young person having been around the San Bernardino area, especially the Delmann Heights area, he has seen a change over the years from being a part of the community when there were well-managed houses and a lot of activity, and then the Crosstown Freeway 30 came in and cut it off and that community continues to become more and more isolated. He stated that he and most of his friends growing up have benefited from programs like this in that they kept them off the streets and allowed them to go to college and come back to work in their community. He stated that they are continuing to try to provide these same opportunities for other youth in the area, so it perplexes him as to why the PAL would not want to participate. Mark Davis, 1180 W. 5th Street, San Bernardino, CA, Chief Professional Officer for the Boys and Girls Club of San Bernardino, stated that months ago they organized a parent town hall meeting and at that time he spoke with many parents 15 07/16/2007 and heard their needs and wants. On January 8, 2007, a promise was made in The Sun newspaper to place a PAL in Delmann Heights and make Delmann Heights the base of the PAL program, but as of today that has not happened. The Boys and Girls Club faces their funding being cut by $15,000 and they stand to lose secured additional funding in the amount of $18,000 through the Office of Justice Grant and future grant funding through the Boys and Girls Club of America due to unkept promises made by the Police Department. He asked the Council to reconsider cutting funds, but more importantly to put pressure on the Police Department to keep their promise of helping provide adult guidance and a positive role model in Delmann Heights. Mayor/Chairman Morris asked the City Manager to explain why the staff report appears to contain funding for this particular startup of the PAL and Delmann Heights, and yet there is a concern by staff and the board members that that is not the case. City Manager Wilson stated that it was his understanding that in 2006/07 the agreement with the Boys and Girls Club included $15,000 for startup costs to initiate a PAL program. He stated that he believed the Boys and Girls Club completed that feasibility study and that there would be additional costs over $15,000 to officially implement the program, somewhere in the range of $60,000. Mr. Wilson stated that the issue has not been resolved and he suggested that a meeting be held with representatives of the Boys and Girls Club, the Police Department, and with the City's Parks and Recreation Director to discuss some of the issues that were discussed today. Council Member/Commissioner Brinker stated that when the Council approved the Measure Z spending they asked that $114,000 be taken from the reserves specifically for a list of items, one of which he believes was $50,000 for the PAL program and they had additional items such as the middle school after school programs. He stated that while they doubled the amount of money they were giving to programs through CDBG, they reiterated that they wanted that $114,000 to come from the reserve to fund those items. Mayor/Chairman Morris stated that because there seemed to be some confusion on this matter, he suggested that it be continued to the next Council meeting. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/ Commission meeting of August 6,2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, McCanunack. Nays: None. Abstentions: Council Member/Commissioner Johnson. Absent: None. 16 07116/2007 1 Council Member/Commissioner Estrada stated that the contract at DeIrnann Heights ends at the end of July and the Council will not meet until August 6. City Manager Wilson recommended that the contract be extended for 30 days so they can pay the Boys and Girls Club while the details are being negotiated. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the contract be extended for 30 days. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, McCammack. Nays: None. Abstentions: Council Member/Commissioner Johnson. Absent: None. 18. RES. 2007-250 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Memorandum of Agreement between the County of San Bernardino and the San Bernardino Police Department for use of the Children's Assessment Center. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-250 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 19. RES. 2007-251 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Memorandum of Understanding between the San Bernardino Police Department and California Highway Patrol for law enforcement assistance. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-251 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 20. RES. 2007-252 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement and issuance of a Purchase Order to Bryan A. Stirrat & Associates pursuant to Section 3.04.010 B-3 of the Municipal Code for operations, maintenance, and monitoring of the Iandrlll gas extraction and treatment system for Waterman Landrlll. 17 07/16/2007 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-252 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 21. RES. 2007-253 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement and issuance of a Purchase Order to San Bernardino County Fire Department pursuant to Section 3.04.010 B-3 of the Municipal Code for household hazardous waste collection service and sharps collection service to the City. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-253 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 22. RES. 2007-311 - 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 $120,000.00 between the City of San Bernardino and Zumar Industries, Inc., pursuant to Section 3.04.010 B-3 of the Municipal Code for the purchase of traffic sigus for repair, removal, and replacement of damaged, faded and vandalized signs, and new installation of sigus located throughout the City of San Bernardino. Council Member/Commissioner McCammack asked how this company was tasked to solve the issues of faded, non-existent, graffiti-covered signs or would the process be complaint driven as it is with Code Compliance. Ken Fischer, Director of Public Services, stated that Zumar provides the signage to the City or they provide sheeting for the old signs that have been previously damaged, but the actual form of the sign can be re-sheeted-they just put a new face on the sign. He stated that Zumar provides the materials for that and the City goes out and performs the inventory in sections of the City at a time. Mr. Fischer indicated that this is something that has been neglected for many years and they are trying to get their hands around the problem. He stated that they've done work across Highland A venue, Base Line and Ninth Street, from east to west, and now they're looking for some north-south streets. They are trying to do the streets that get the most traffic and then they'll move out to other areas. Council Member/Commissioner McCammack stated that the information in the staff report states that a formal bid process was initiated to solicit bids for a sign 18 07/16/2007 maintenance program, and Zumar Industries submitted the lowest bid for the purchase of traffic signs, removal and replacement of damaged, faded and vandalized signs, and new installation of signs located throughout the City. That tells her that they will be doing the work, and if they will be doing the work and that's the bid they gave us, how have we tasked them to replace those signs. Mr. Fischer stated that they are building the signs-they are not doing the actual physical installation of the signs. Ms. McCammack stated that the Request for Proposal (RFP) is specific, but Mr. Fischer said that that is not what they are going to do. She stated that they need to reconcile what Zumar Industries was tasked to do and what the City is paying for. City Manager Wilson stated that they talked about trying to do the sign replacement in a comprehensive organized fashion. He stated that last year they focused on the major north-south and east-west arterials. Because there was only $100,000 to $120,000, they probably only got 4 to 6 major arterials done and the balance of the money was used to address complaint-driven concerns from Council members. He stated that they need to identity a significant amount of money to replace the signs throughout the City. They could go through the City in every ward and see that there are signs that need to be replaced, but the strategy has been north-south and east-west arterials primarily, and then they will identity target areas throughout the City where they can focus on some of the local streets to begin to replace some of the signs they have discussed. Council Member/Commissioner McCammack stated that she still hadn't had her question answered about the RFP and what Zumar Industries was tasked to do. Council Member/Commissioner Brinker clarified that the staff report indicates that Zumar Industries would be responsible for the new installation of signs and the Council was being told that they would not be installing the signs-they would only be providing them to the City. Council Member/Commissioner McCammack stated that if this is what the RFP said, then they were not a responsive bidder. City Manager Wilson recommended that this matter be continued to later in the meeting, and he would have Mr. Fischer pull the RFP and report back to the Council. Later in the meeting, Council Member/Commissioner McCammack stated that she received clarification from Mr. Fischer that this company would simply provide the City with the materials and that City staff would remove, replace and/or fix whatever they can. 19 07/16/2007 _m__, Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-311 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Jolmson, McCammack. Nays: None. Absent: None. 23. RES. 2007-254 - Resolution of the Mayor and Common Council ofthe City of San Bernardino authorizing the execution of an Agreement and Purchase Order in the amount of $53,000.00 between the City of San Bernardino and Consolidated Electric Distributors pursuant to Section 3.04.010 B-3 of the Municipal Code 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 Estrada, that said resolution be adopted. Resolution No. 2007-254 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Jolmson, McCammack. Nays: None. Absent: None. 24. RES. 2007-255 - A Resolution authorizing the execution of an Agreement and Purchase Order in the amount of $300,000.00 by renewing its third year option between the City of San Bernardino and West Coast Arborists Inc. pursuant to Section 3.04.010 B-3 of the Municipal Code for contract services utilized by the Public Services Department, Street Division for tree trimming services throughout the City of San Bernardino. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-255 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Jolmson, McCammack. Nays: None. Absent: None. 25. An Ordinance of the City of San Bernardino adding Section 8.27.110 to the San Bernardino Municipal Code regarding recording notices of weed abatement requirements on vacant lots. FIRST READING Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that said ordinance be laid over for final adoption. 20 1Yl116/2007 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 26. Minutes of April 16, 2007 (Continued from July 2, 2(07) Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Estrada, that the minutes of the April 16, 2007, meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino, be approved as originally submitted in typewritten form. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 27. Discuss and take possible action concerning public opinion survey results and possible November 2007 ballot measure to modernize the City's Utility User Tax ordinance (Continued from July 2,2(07) City Manager Wilson stated that there's been a number of issues related to advances in technology, litigation, and changes in Federal law that have begun or make an impact on utility user tax revenues particularly in the area of telecommunication services. In light of these issues, a number of California cities have sought voter approval for updated ordinances that modernize the ordinance's technical language in order to preserve this revenue source. He stated that it is important to know that this revenue source is our third largest and it generates approximately $25 million per year for the City, and of that amount, $9 million comes from telecommunication services. Mr. Wilson stated that there have been a number of recent elections in cities that have approved utility tax ordinances, and the City of San Bernardino had a public opinion survey done recently from a firm which indicated that there was fairly strong support to modernize our ordinance, which was interesting because they noted that it did not include language to reduce the utility user's tax rate. He stated that if you look at the track record of cities throughout the state, it is apparent that in order to gain successful passage for such a measure they should consider a slight reduction in the tax rate. He stated that the option before the Council was to discuss: (I) whether they should put this item on the November ballot in light of these pending issues; and (2) if they do put it on the ballot, should they consider a reduction in the utility user's tax rate. Mr. Wilson noted that some numbers were provided in the backup from the Finance Department that show the revenue impact of a slight reduction in the utility user's tax. He stated that one option may be to reduce the rate down to 7.75 percent and the fiscal impact of that would be approximately $258,000. 21 rn /16/2007 Council Member/Commissioner McCanunack questioned whether they could simply update the ordinance by modernizing the language thereby saving the public some money by not putting it on the ballot. She stated that she thought it would be prudent to at least do that until they get a better handle on their budget numbers. Council Member/Commissioner Derry stated that they only have a short period of time if they decide to put this on the ballot in November. He stated that they've received numerous opinions that state that they may be able to just update the ordinance without affecting the tax rate. Mr. Derry stated that he would like to pursue that option fIrst. He stated that he still has a lot of questions, and he is not completely convinced that it's time to bring it to the ballot just yet. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner McCanunack, that staff be directed to update the City's existing Utility Tax ordinance. (Note: The vote was taken following further discussion.) Council Member/Commissioner Estrada asked what the net effect would be if this motion were to pass. Mr. Wilson stated that the real issue has to do with an exemption that exists in our ordinance that is tied to the Federal Excise Tax. It's a cOqlplicated issue, but that issue is being litigated in a couple of cities, and it was his understanding that a couple of cities have in fact done what's before the Council today. Mr. Wilson stated that between now and then they will probably be fIne, but nobody knows what the repercussions of that court case are going to be. Council Member/Commissioner Estrada stated that even if they took action relative to the lowering of the utility tax, it really wouldn't have any bearing because they don't know what that decision is going to be. Mr. Wilson stated that that was correct. He stated that they won't know what the outcome will be until that court ruling is made. Council Member/Commissioner Derry stated that it was his understanding that some cities have eliminated the Federal excise tax issue from their language to clarify their ordinance. He stated that he didn't think that action had been challenged . City Attorney Pemnan stated that that was correct. He stated that he didn't believe there would be any real challenges until after the litigation is resolved. 22 07/16/2007 The motion made by Council Member/Commissioner Derry, seconded by Council Member/Commissioner McCammack, carried by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 28. RES. 2007-310 - Resolution of the Mayor and Common Council approving and adopting the City of San Bernardino's Final Budget for Fiscal Year 2007-2008 and establishing the City's Appropriation Limit as required by Article XXIII B of the California State Constitution. (Continued from July 2, 2007) City Manager Wilson stated that the Budget Ad Hoc Committee met to address the issues that were brought up at the last budget workshop which were in two major categories: (I) the concern regarding the vacancy factor in the budget and (2) what, if anything, could be done on the part of the Agency assisting the City to help address that concern. He stated that at that meeting they talked about four areas that the Agency could assist the City in terms of balancing the budget, and those concerns were noted in the staff report as follows: 1. The Agency would pick up the $460,000 payment to the Convention and Visitors Bureau (CVB); 2. The Agency would pick up the $493,000 payment for the City's portion of the debt service for the Central Police Station; 3. The Agency would pick up $267,100 in police costs tied to the Carousel Mall; and 4. The Agency would pay $100,000 in City overhead and costs related to the Development Services Department. Mr. Wilson stated that the total of those figures is $1,320,900, and those monies will be used to reduce the City's vacancy factor from $3 million to $1,679,100. Council Member/Commissioner McCammack stated that the consensus of the Council for a long time has been to help Development Services get their projects through the process. Based on Ms. Estrada's concern that the Economic Development Agency's projects might also become part of that bottleneck, the committee agreed to help Development Services with some of their issues and she felt this was a first step in that direction. She stated that hopefully within the next couple of meetings the City Manager and the Development Services Director will have an in-depth analysis of what they could do to move things through more quickly, and the reality is that the quicker they get out of Development Services and Engineering, the quicker they get completed and on the tax rolls. Ms. McCammack stated that they had a question that she didn't think was answered 23 07116/2fXY7 about the monies that would now intentionally and specifically come from EDA to the General Fund regarding the Transient Lodging Tax (TLT). Mayor/Chairman Morris stated that he believed Mr. Sabo had discussions with Ms. Pacheco on the appropriateness of the use of these RDA resources for the purposes as specified by the City Manager. Special Counsel Sabo stated that he was comfortable that they would be able to access that $1.2-1.3 million, and that they could find ways to cover that budget amount with RDA funds. Ms. McCammack stated that the question was regarding the TLT and instead of the funds going from the General Fund to the CVB, they would go from EDA to the CVB. Mr. Sabo stated that he understood that an ordinance was adopted a number of years ago that indicated that the funds would be used for CVB purposes in exchange for the two percent increase in the TLT. He stated that it could come either directly or indirectly to the EDA. Mr. Sabo added that at one time back in the early 1990s the CVB was part of the Economic Development Agency. City Attorney Penman stated that the ordinance did not mention the CVB-there have been misunderstandings about that. He stated that had that been the case there would have been a special tax. The voters approved the tax, but the money goes into the General Fund and no commitments were made that that money would go to the Convention and Visitors Bureau. Council Member/Commissioner Estrada stated that they were very concerned about the vacancy factor. She stated that they know that those positions are needed, and if they can fill them they want to be able to fill them without having to do more juggling, and this is what they ultimately came to agreement on. Council Member/Commissioner Derry stated that he had some concerns with transferring money from EDA into the City budget, but after reviewing the items that were discussed, he dropped his objections. He stated that he hopes this does not end up being an ongoing practice in future City budgets. Council Member/Commissioner Baxter stated that he noticed that $50,000 had been added to Parks and Recreation for the Safe Sununer for Youth Internship Employment Oppormnities. He asked how that differed from the previous figures they had looked at. City Manager Wilson stated that this was just part of the total figure. He stated that the Mayor offered $50,000 from his budget to complement what they had already budgeted. In fact, Mr. Wilson stated that the Council approved approximately 80 new internships on today's agenda. 24 fYl/16/2007 Council Member/Commissioner McCammack stated that one of the critical components of the committee coming to consensus about shifting some of the dollars from EDA to the General Fund was that it was a one-time thing, but they cannot continue to do this every year. She stated that they need to make sure the nexus is there between EDA funds and the General Fund. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-310 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 29. Public hearing - resolution imposing liens on property located in the City for uncollected business registration fees RES. 2007-307 - Resolution of the City of San Bernardino imposing liens on certain parcels of real property located within the City of San Bernardino for uncollected business registration fees. Mayor/Chairman Morris opened the hearing. No public comments were received. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the hearing be closed; that the City Clerk be directed to administratively remove any properties from Exhibit A which have been paid prior to the hearing; and that said resolution be adopted. The motion carried and Resolution No. 2007-307 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 30. Public hearing - resolution ordering work - Pine Avenue and Redwood Street Area Landscape Maintenance Assessment District - Assessment District No. 1055 (Tentative Tract No. 17716) 25 07/16/2007 RES. 2007-308 - Resolution of the City of San Bernardino rmding and determining the existence of less than a majority protest, that ballots submitted in favor of the assessment exceed the ballots submitted in opposition to the assessment and that the public convenience and necessity require the maintenance of landscaping and a portion of a sewer lift station in the Pine Avenue and Redwood Street area, approving the Final Engineer's Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1055, ordering the work, confirming the 2007-2008 Assessment Roll, and determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. Mayor/Chairman Morris opened the hearing. City Clerk Clark announced that one assessment ballot had been returned and the property owner voted in favor of approving the proposed assessment. No public comments were received. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Kelley, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2007-308 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCanunack. Nays: None. Absent: None. 31. Public hearing - resolution ordering work - Olive Avenue and Belmont A venue Area Landscape Maintenance Assessment District - Assessment District No. 1051 (Tentative Tract No. 17396) RES. 2007-309 - Resolution of the City of San Bernardino finding and determining the existence of less than a majority protest, that ballots submitted in favor of the assessment exceed the ballots submitted in opposition to the assessment and that the public convenience and necessity require the maintenance of landscaping in the Olive Avenue and Belmont Avenue area, approving the Final Engineer's Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1051, ordering the work, confirming the 2007-2008 Assessment Roll, and determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. Mayor/Chairman Morris opened the hearing. 26 07/1612007 City Clerk Clark announced that on July II, 2007, the property owners and the developer of Tentative Tract No. 17396 submitted 12 protest letters against the formation of the district. However, after some explanation of the ramifications this would have on the proposed development, the owner opted to withdraw his protest. Ms. Clark stated that she received a letter dated July 12, 2007, from the owner of Delgado Developers Inc. withdrawing his protest. Ms. Clark stated that she had also received his assessment ballot in favor of the proposed assessment. No public comments were received. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Estrada, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2007-309 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 32. Verdemont Trails Report Council Member/Commissioner Kelley stated that the purpose of the Verdemont Trails Committee is to make sure that as each development occurs they monitor the trails system through the Master Trail System Plan and follow the development to ensure that they have a consistent trail. Barbara Schneiderhan of the Verdemont Trails Committee provided the history of how the committee got started and stated that their goal was to develop a trail system that will connect existing residents and new developments into a unified community. She stated that they want to provide an avenue for multiple activities such as running, bicycling, hiking, horseback riding, golfing, exercise and fitness. They want to provide an environment that will encourage exercise, nature appreciation, family activities, community interaction, wildlife study and wildlife habitat protection, and they can do all that with these trails. One more thing they want to do is provide emergency access and a fuel modification zone in the foothill areas in case of fire or other emergencies. Ms. Schneiderhan stated that Councilman Kelley and City staff have been very instrumental in working with the developers to help them incorporate sections of the trails in their plans, and they are working with developers at Cal State so that their vision of the trails is unified. She stated that the committee would like to tie their trail system into a City-wide interconnected trail. Hank Mitchell of the Verdemont Trails Committee gave a PowerPoint presentation of the existing trail system, sections of the trails that are under construction and proposed future trails. He stated that they are only asking that 27 07/16/2007 the City help them with their CIP funding and help them fmd grant money and/or help them write the grant requests. Felicia Webber of the Verdemont Trails Committee stated that they want to tie these trails into the parks in the community as well as the newly conceived North Verdemont Recreation Center and interconnect through other trails in the City through the use of multiple resources such as existing trails, new trails and the roads and flood control. She stated that they plan to continue to work with the City Parks and Recreation Department to incorporate the trails into the master plan and work with flood control for use of their land, if possible, to connect the trails, and work with the schools and the community associations for such things as the "adopt-a-trail" program, which they feel will be a great asset once the trails are completed. She stated that their ultimate vision is to encourage responsible development that creates a desirable environment and draws new residents to our area and to improve the quality of life for the residents and to be able to eventually leave the north end of San Bernardino and ride all the way to the ocean via connections to the Santa Ana River Trails. 33. Reactivation of parolee sweeps Council Member/Commissioner Derry submitted and read into the record an interoffice memo dated July 16, 2007, from the Council Office addressed to Mayor Patrick Morris and Members of the Common Council regarding the issue of parolee dumping in the City of San Bernardino. Mr. Derry stated that there had been quite a debate over the past couple of days over the issue of prosecutorial immunity and memos were distributed to the Council from the City Attorney's Office and Joseph Arias regarding the legitimacy of the City Attorney's position on this issue. He stated that the issue of prosecutorial immunity does exist when the City Attorney's Office is involved in investigative activities, and that applies to all of those involved with his office. Mr. Derry stated that he had a few questions for Mr. Arias and invited him to come up to the podium. He stated that Mr. Arias is a contract employee who has worked for the City for numerous years. He has over thirty years of experience in cases regarding prosecutorial immunity including representing judges and district attorneys. Council Member/Commissioner Derry asked Mr. Arias if he has worked on issues regarding prosecutorial immunity for many years including most of the district attorneys that have served in San Bernardino County. Mr. Derry stated that they received some advice in a memo stating that the prosecutorial immunity only applies to the City Attorney himself. He asked Mr. Arias if that also applied to other employees of the City. Mr. Arias answered in the affirmative. He stated that he has personally been involved in cases where absolute immunity has been applied to public officials other than the prosecuting attorney. He stated that it isn't applied easily by the courts-one has to line his ducks up properly. But, the courts have applied prosecutorial immunity to cases where the following has occurred: (A) The City Attorney has made a decision to take action to prosecute a particular landlord, and (B) probable cause has been established. He understood that in this case probable cause had been established by the issuance of search warrants, and then the City Attorney in his role as a prosecutor would enlist the assistance of public officials to gather evidence to support that prosecution, and prosecutorial immunity would apply. Council Member/Commissioner Derry asked Mr. Arias if Code Enforcement and Police would have prosecutorial immunity on their own. Mr. Arias stated that if Code Enforcement officers or Police officers were to just look around on their own to see what they could find in the hope of bringing that case or evidence to Mr. Penman's office in order to get a complaint issued, they would not be protected by prosecutorial immunity; however, they may be protected by qualified immunity. Mayor/Chairman Morris stated that the courts have been very circumspect in the application of absolute or prosecutorial immunity, and performing investigatory or administrative functions by a Code Enforcement officer or a Police officer out doing their duties is an investigatory function. Mr. Arias stated that it can be referred to as an advocacy function, provided, as he stated earlier, that all the ducks are lined up. Mayor/Chairman Morris stated that the immunity then only applies when the district attorney or the City Attorney decides to file. He stated that it's a decision that applies after the fact, not during the investigation requiring the evidence necessary to file. Mayor/Chairman Morris stated that the Police or Code Enforcement officer brings evidence to the City Attorney's office after they go out there, whether it's on an investigation that's under a warrant or not, and then in the quiet of the office with all the evidence before him or her, that attorney makes a decision. There and only there does that immunity apply. He asked Mr. Arias if that was true. 29 07/16/2007 Mr. Arias answered in the affirmative. He stated that if the situation is purely in the investigatory stage, no decision has been made by the prosecutor to prosecute a particular individual and probable cause has not been established. Mayor/Chairman Morris stated that he was curious as to how you could make a decision to prosecute when you don't have all the evidence before you-all you've got is probable cause to go in and look, research, and investigate-that's all you have. Mr. Arias stated that he would agree with that. Mayor/Chairman Morris stated that as a jurist having done that job of overseeing these kinds of events for three decades and having seen the Supreme Court and the Ninth Circuit Court decisions on this case, this is conditional immunity, as described by Mr. Arias, for these people out there looking for housing violations, which is essentially the City's only legal entitlement. He stated that we can go out there under our Municipal Code and look for violations of ordinances particularly related to housing conditions and that is an investigatory event, which entitles the individuals-Police or Code Enforcement or whoever else is on the scene-to conditional immunity only. City Attorney Pemnan stated that the only comment he would make in agreement with Mr. Arias is if it is in a purely investigatory stage, prosecutorial immunity does not apply; however, both the Federal and State Courts have held that once the prosecutor has probable cause to file the action, he does not have to file the action before the prosecutorial immunity attaches. He stated that they are given information by the Police Department, Fire Department and Code Enforcement as to locations where they know code violations exist, or they know some other illegal situation is going on such as parolees when there are more than six and there are only supposed to be six. Once they have established that probable cause, they get an administrative warrant. He stated that Mr. Arias referred to it as a search warrant, but he meant an administrative warrant. Once they've obtained the administrative warrant, and they have to have probable cause to obtain it, Federal and State cases are clear that prosecutorial immunity attaches. Mr. Penman stated that secondly, and more importantly, one of the biggest problems they used to face with these inspections was the danger of punitive damages to individual employees. He stated that if it can be shown that an employee acted in excess of their authority, that employee could be hit with punitive damages. However, if the employee is doing an investigatory function for the prosecutor, whether it's a City prosecutor, County district attorney or State district attorney, and they're acting at the request of that prosecutor and they're out at the scene and there is an attorney there-in their case it would be a Deputy City Attorney-they can check with that attorney and ask questions and get legal advice. He stated that it is virtually impossible that either a Federal or State court is going to fmd that punitive damages can be upheld because the 30 07/16/2007 investigator's personnel-firefighter, Code officer, Police officer-is acting on the advice of counsel. And when you're acting on the advice of counsel in a case and even if you are totally wrong in what you do, even if counsel gives you bad information, if you believe that what you're doing is right, you're acting on the advice of counsel, and qualified immunity in that case would apply. Mr. Penman stated that there are two immunities-there's absolute immunity with prosecutorial immunity and qualified immunity. Either way, though, he stated that he agrees with the Mayor-he does not think the City Attorney's office should be in charge of the investigations. He does not think the City Attorney should be giving orders to Police, Fire, or Code Enforcement. Mr. Penman stated that he believes the City Attorney should be doing what they have done since 1988 and this is to coordinate these inspections, but each department should have a supervisor on the scene, and any orders given should be given by the supervisor of that department. He stated that the attorney's job is to advise at that point and answer questions, but probable cause has to be established first. Mr. Penman stated that they have obviously proven that they have probable cause when they can get the administrative warrant because they won't issue an administrative warrant unless you have probable cause. He stated that when you go to one of these sites, they've already made a decision that some action is going to be taken-it might be a criminal prosecution, it might be a nuisance abatement action, which is a civil action-they are there to get additional information. They do not go out to a place they don't know anything about. Mr. Penman stated that at the point the inspection takes place, they've already made a decision that the house is in violation and they want to get additional evidence of that so if the feeling is that they should file a criminal case first, that would be very simple to do because they have enough evidence before they go out there. Mayor/Chairman Morris stated that he firmly believes that the cases are clear that getting a warrant and having probable cause does not give those individuals at the scene prosecutorial immunity. Mayor/Chairman Morris stated that in the Van De Kamp case the courts were very clear in saying that an act is not prosecutorial simply because it has some connection with the judicial process like a search warrant. Mr. Penman stated that he agreed that some connection would not be adequate. He stated that the discussion is revolved totally around Federal law , but State law is absolute-it's statutory. Mayor/Chairman Morris stated that they could agree to disagree about how insulated our people are against liability. He stated that we currently have, as Mr. Penman had suggested, a collaborative multi-agency task force that conducts code inspections on a regular basis. That's a process-driven initiative by dozens 31 07/16/2007 of Police officers and Code Enforcement officers, and they are all professionals who are well trained in this world of public safety. He stated that the purpose throughout this administration has been to target-last year over 7,000 homes were targeted in Code Enforcement inspections-looking for housing violations and Municipal Code violations, and where problematic conditions occur that contribute to crime problems, they are on it-that's what they do every day, not just occasionally, but with great regularity to ensure that these inspections remedy code violations as well as associated crime problems, as Mr. Pemnan suggested, but they are done by the Police and Code Enforcement officers in a collaborative way on locations selected for that purpose. On some occasions, of course, the housing they inspect contains residents who are indeed parolees. Thus, when that happens, or appears to be the case, they invite State Parole to come with them because they can make the arrests if there are violations of parole terms. Mayor Morris stated that they have these broad base collaborative multi-task force groups of which the City Attorney's office is a part for this very purpose. It is a professional process and it is working. He stated that this is not something they are ignoring. They understand the issue. Mr. Pemnan questioned whether it was working given the number of parolees and the fact that violent crime is up. He stated that he wasn't interested in usurping the Mayor's authority by any means. He stated that their job is to come up with legal arguments that will protect City employees. He stated that these inspections worked in 2000, but if they don't want them to continue, he would understand that. Mayor/Chairman Morris stated that they are vigorously engaged in this process with a host of good partners who make it all happen. Mr. Penman asked why the City has so many parolees. Mayor/Chairman Morris asked Chief Billdt what is the average monthly count of parolees in our City today. Chief BiIldt stated that today we average about 1,974 per month. Mayor/Chairman Morris stated that he had asked the Chief to go back and look at their records as far back as he could trace them. He asked the Chief if he had done that. Chief BiIldt answered in the affirmative. Mayor/Chairman Morris asked what the Chief found in regard to the parolee numbers in 2001 and thereafter. Chief Billdt stated that they looked back to the last five months of 2001, and the average monthly population was 1,712 parolees. Mayor/Chairman Morris asked what has been the increase in parolees in this City since 2001. Chief Billdt stated that average parolee numbers have increased approximately 13 percent from the last five months of 2001. 32 07/16/2007 Mayor/Chairman Morris asked what has been the City's population increase since 200 I. Chief BiIIdt stated that the City's population has increased from 185,000 to 205,000, or by approximately 9 percent. Mayor/Chairman Morris stated that the experience of the surrounding communities has been researched as well in regard to parolee growth. Mr. Derry had said that it has been approximately 12 percent. Chief BiIldt stated that some communities have been around 12 percent, some have seen less and some have seen a substantial increase. Mayor/Chairman Morris asked the Chief how he would characterize our increase in parolee population since 2001. Chief BilIdt stated that we're not the highest in the County region and we're certainly not the lowest. He stated that we've seen our fair-share increase in parolees as represented by the 13 percent number, but we're not as bad as some other communities who have had substantially higher increases. Mayor/Chairman Morris asked the Chief how he would characterize the efforts we're making collaboratively with our City Departments, with the State, and with Federal officers to address this issue. Chief BilIdt stated that they have had a long-standing good-working relationship with Code Enforcement, with other govermnental agencies and with the City Attorney's office, and they have worked well at taking a look at locations for a variety of different reasons including parolee housing. He stated that their relationships have been good and they have been, for the most part, effective. Council Member/Commissioner Derry asked the Chief where he got his numbers. Chief BiIldt stated that he got them from their monthly reports dating back to 2001. Mr. Derry asked the Chief where the numbers came from that have been in the newspaper reported by parole for the past 6-10 years. Chief BiIldt stated that he didn't know where the reporters got those numbers. He stated that in June of 2007 there were 2,019 parolees in the City, and one year ago in June there were 2,074 parolees. He stated that it fluctuates across that 12- month period. In 2001, after they began their collaborative effort with State Parole, the numbers fluctuated as well. He stated that you have to take the active number of parolees, you have to look at the parolees at large, and you have to look at those who have been arrested and revoked to get the total number. The Chief stated that he thinks what may have happened is someone may have conveyed a number with respect to active parolees, but did not provide the 33 07/16/2007 parolees at large or those that have been arrested and revoked, and you have to take all those numbers together to get the total number of parolees. Mr. Derry stated that if someone's parole has been revoked, they're no longer considered a parolee. Mr. Billdt stated that they are still a parolee if they've been arrested. Mayor/Chairman Morris stated that Mr. Derry had made a reference to the increase in violent crime in our City. He stated that the Chief keeps very close track of all of that as well as being in close collaboration with his colleagues across the region-he tracks violent crime increases regionally. Chief Billdt stated that there has been a 6 percent increase in violent Part I crime and if you look at the math and look at the total numbers that reflects about 50 crimes. He stated that the truth about violent crime is that it does fluctuate from month to month and from year to year. The good news is that violent crime with weapons is down. In terms of theft, Chief Billdt stated that they have seen a substantial decrease in grand theft autos-over 15 percent-but they have seen an increase in property crimes in terms of petty thefts and other types of thefts. So, if you look at the total numbers crime is up about 2V2 percent over the same period last year. In terms of regionally, Chief Billdt stated that some cities have seen an increase in crime consistent with ours. He stated that they will have to wait and see what the mid-year crime statistics are when they come back from the Department of Justice. Chief Billdt stated that the bottom line is that they have more work to do as a community and they have to continue to move forward with all the different resources at our disposal. On the issue of parolees and the number of parolees in the City, it's clear that they have a high number-2,OI9-that's very clear. The question is what are we doing about it and are they working collaboratively. He stated that they have had a collaborative working relationship with Mr. Pemnan's office and they have had the occasion to go out and do investigations on a variety of different housing facilities-not just parolee houses. Mr. Billdt stated that he was talking about drug abatement, nuisance abatement, etc. Mr. Derry stated that he was having trouble understanding how the former mayor understood those numbers to be accurate, and now we're saying they are not. He stated that everybody admitted that the number of parolees at that time was accurate. Chief Billdt asked Mr. Derry if he was referring to the 2000 numbers. Mr. Derry answered in the affirmative. The Chief stated that what he said is that he went as far back as he had records, which was the last five months of 2001. 34 07/16/2007 Mr. Derry stated that when they shut down the parolee sweeps, or investigations, it jumped from 1,100 to 1,700 in a year. Chief Billdt indicated that that's not what he said. He stated that the number Mr. Derry referred to is 1,100 or 1,000. He asked if that number was inclusive of those at large or those who had been arrested and revoked. Mr. Penman asked Chief Billdt if he recalled March 23, 2001 when they were over at the Police Station and State Parole gave the number that day as 1,101 and it was questioned at that time-they felt that the number was closer to 2,000 then and they had trouble getting everybody to agree. He stated that he understood that the numbers in the monthly report come from Police Department parole coordinators who work with State Parole and were basically the numbers provided by State Parole. Mr. Penman stated that their conclusions then were that they had more parolees than they thought they did. He stated that he and the Chief agreed that when they claimed that they transferred 200 parolees out of San Bernardino in 2000 they probably did, and at that time they weren't transferring anybody else into the City until they stopped the inspections. In his memo to Mr. Derry, Mr. Penman stated that he had pointed out one important thing and that was the reason why that program worked so well then and that's because it was a collaborative program. Everybody was on board-the Mayor, the Council, etc. He stated in that memo that unless everyone is on board this time, it will not be as effective. Mayor/Chairman Morris stated that his point is that they are doing everything they can with regard to these kinds of searches under our existing codes. He stated that information needs to be provided to the Police and Code Enforcement officers in a timely manner so they can get out there and do their jobs. Mr. Penman stated that there are too many parolees in our City. Mayor/Chairman Morris stated that nobody denies that. He stated that the fact of the matter is that we have a problem, but we are working diligently as a City with State and National colleagues to resolve the issue. Mr. Derry stated that the Council is not kept informed as to how many parolees are in the City. He stated that his understanding was that we were not that high on the number of parolees-he had to get it from the newspapers. He stated that the fact that 50 percent of the parolees in this town are not from this town is unacceptable. Mayor/Chairman Morris stated that they don't know that. Mr. Derry stated that he had received reports from officers that tell him that. He stated that he trusts their judgment. He stated that he doesn't trust State Parole because they haven't given us any reason to trust them. 35 fY7/16/2007 Council Member/Commissioner Brinker stated that the parolee issue is an important issue and we need to turn it around. He stated that we need to put the squeeze on our elected State officials and on the Probation Department because this is their issue. He stated that fixing the parole issue does need to be a key component of our crime reduction strategies, but essentially it's the State's responsibility. He stated that we need to demand that our legislators re-instate a cap on parolees and it should be indexed to our population to account for reasonable growth. He stated that we need someone at the State level like Fred Aguiar who passed AB6l4 in 1996 to stop Los Angeles from dumping their parolees. Mr. Brinker stated that we need to demand that the Parole Department do a better job of monitoring parolees so that they don't end up living with more than six to a home. We have to get smarter about how we're dealing with these people, because technically they may not be violating the rule about six, but if you live down the street from 13 formerly-convicted sex offenders, you're not very happy. Mr. Brinker stated that he is big on accountability, and he knows that soon the voters are going to have a chance to weigh in and they are going to hold us all accountable. He stated that this Mayor and Council have done more to beef up policing in this City than any past administration that he knows of. He stated that they are adding more and more resources and they are addressing the issue of crime prevention more seriously than ever before. Mr. Brinker stated that he raised the issue of truancy last fall because he knows that when kids aren't in school bad things happen. Daytime crime goes up and truants turn into dropouts, many of whom end up in prison or on welfare. Some would say that truancy is a school district issue, but those kids live in our community and if they aren't successful in school then the community pays the price. He stated that he has worked to partner with the school district to address this issue just like the mayor formed many partnerships to help drive down crime in the Operation Phoenix area. Mr. Brinker stated that the parolee issue requires that we expand our partnership with the Probation Department. They are the lead agency and we must hold them accountable. He stated that we must work with them on a case-by-case basis to ensure the safety of our citizens. As our Police officers and Code Compliance officers become aware of violators of our Municipal Code, Building Code, and our Fire Code, the City Manager and the Mayor should direct those agencies to work with the City Attorney's office to run Code Compliance sweeps. Council Member/Commissioner Brinker made a motion to direct the City Attorney, Police, Fire, Code Enforcement and other pertinent departments to work together by participating in team inspections of parolee housing facilities to gather evidence to be used for prosecution under the direction of the City Manager. (Note: The motion died for lack of a second.) 36 07l16/20fY7 Mayor/Chairman Morris stated that that is precisely what we do now and it measures the steps we take every day in this initiative against crime. Ms. Estrada stated that there are a lot of other questions that she could ask about the process. She stated that she doesn't know how many administrative warrants we get, and she doesn't know how many judges sign those administrative warrants. Mr. Penman stated that there are a number of judges who can do that. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the matter be tabled. The motion failed by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter. Nays: Council Members/Commissioners Brinker, Derry, McCammack. Absent: Council Members/Commissioners Kelley, Johnson. Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, stated that he assumed that most of the parolees will go back to State prison, but he doesn't think we can afford to "sweep up all these parolees and dispose of them." He stated that we need to figure out a different way to handle these people. Joe Ortiz, 387 W. 25th Street, San Bernardino, CA, stated that he wanted to address the subject of parolee re-entry homes. He stated that in the year 2000 Mr. Peuman was very effective in getting all the absentee landlords to clean up their act when it came to farming out their houses for halfway homes for the parolees. This didn't last long because a sofl-on-crime person was in power at that time and she did all she could to undercut all his efforts. This contributed to the deplorable conditions the landlords have imposed on those trying to reintroduce themselves into society from prison life. Mr. Ortiz stated that he would guess that some of the people who get elected to a position by the voters decide that since they are now in power they can forget about those voters who live in those blue collar communities and the neighborhoods and the homes they're trying to maintain day in and day out only to have an absentee landlord plop one of these halfway houses right next to them. The fact that this halfway house may be next to a family with kids has no bearing on these people. Those who turn their backs on the voters also turn their backs on the victims and the families of the victims of the original criminal acts and they do this by trying to table the motion. These elected officials who favor the absentee landlord's rights to run deplorable halfway houses do so not at their risk, but at the risk of the quality of life and the safety of life of the voting public and their families. David Hanes, 966'12 N. Crescent, San Bernardino, CA, stated that he works for Turrill Transitional Assistance Program, a non-profit charitable corporation that 37 07/16/2W7 rents homes and supplies beds to parolees. He stated that they have 18-20 houses in the San Bernardino area. Their houses are not deplorable-they are not a mess. He stated that targeting parolee houses under the auspices of upgrading them or making them code compliant scares him. Our Code Enforcement does a fine job. They come by and they check the houses all over our City and we don't need to be targeting parolee houses or houses with parolees in them. He stated that if we want to get rid of the parolees in our City we need to put them to work and get them off parole. They don't want to be parolees, they don't want to be pariahs, they just want to live and love and be loved just like the rest of us. Tom Kanavos, 1962 Turrill, San Bernardino, CA, stated that he works for Turrill Transitional Assistance, which is a non-profit charity. He stated that they assist parolees. They house them and they try to put them to work and they do it very well. They purchased vans to get them to work and they try to get them off parole within a minimal amount of time and that way they are no longer designated as parolees. He stated that he has personally been doing this for about six years. He has been targeted as part of the problem when in fact people are getting off parole that have been in his housing. Secondly, Mr. Kanavos stated that he wanted to mention that none of the houses that they are talking about are actually owned by Turrill-they are owned by different people-people in this City who rent or lease. He stated that they are not trying to make money or build equity-they are strictly a service organization. Debbi Matley, 380 W. 17th Street, San Bernardino, CA, stated that she went to the State of California website and for the year 2000 it showed 1,101 parolees, and for May 16, 2007, it showed 1,894 parolees. She expressed her concern regarding the parolee housing issue that is impacting our City. San Bernardino is a dumping ground for parolee housing and other types of facilities. The rise in the number of parolees in our City is alarming and she believes it needs to be addressed. The current system of monitoring parolee housing does not seem to be working. She encouraged the City Council to examine new methods of monitoring parolee housing. Our City cannot continue to absorb the number of parolees at this rate. She stated that protecting the law-abiding citizens of San Bernardino should be a priority. Tierney Harris, 2025 Sunrise Lane, San Bernardino, CA, stated that she supports approval of this item and any other that provides the tools necessary to do the right thing. She stated that she looks at this as giving permission to proceed properly and fairly to the benefit of all who are suffering from the "do nothing" syndrome. She stated that complaining gets no movement from the City, but maybe some good inspections can stop the City from setting a living example of how to be a slumlord. Shane Ditton, 332 W. 18th Street, San Bernardino, CA, stated that The Sun newspaper got their information from the Department of Corrections. They said 38 07/16/2007 that over the past seven years our region has seen a 12 percent increase in the parolee population, and specifically, San Bernardino has seen a parolee population increase of about 60 percent, so it's nearly doubled. Mr. Ditton stated that he thinks we are carrying more than our fair share of parolees over the whole County because the other counties aren't getting as many, and we're becoming a dumping ground for felons that have been released from prison which is affecting our safety. Lynett Kaplan, 3793 W. Meyers Road, San Bernardino, CA, stated that she went on line just to see what recidivism is in California-it's 70 percent, which means seven out of every ten parolees is going to recommit a crime. They're supposed to watch their Ps & Qs and if they do they can re-enter society and that's our goal for them, but if they don't, they deserve to be busted and put back in. She agrees with the Mayor in that we want to try to help integrate people back into society, but if they are not going to follow the rules, they need to be put back in. Sean Hughes stated that he agrees with the Mayor about staying the course of what's currently being done. He asked Mr. Derry how he intended to justify regressing to Gestapo tactics of the late 90s that cost the City tons of money in civil judgments, destroyed public trust, and elected officials actually bred more violence, crime rates went up and it pretty much ruined a lot of things. It made San Bernardino a worse place to live-made it more dangerous. This is America-it is not a police totalitarian state. He stated that he did not agree with Mr. Derry's proposal. Council Member/Commissioner McCammack advised her colleagues that it was the Turrill Transitional Housing Group who had 24 parolees on Turrill Street in 2 two-bedroom houses and in some cases they house more than 50 percent of registered sex offenders in their grouping. She stated that that was a proven fact and a public record. She stated that The Sun's editorial indicated that we have a legal responsibility to rehabilitate parolees. Mrs. McCanunack stated that we have no legal responsibility to rehabilitate parolees-that's the State's responsibility. Granted the State is not doing a very good job in rehabbing its parolees especially if they're going to recommit to the tune of 70 percent. True they should be trained. They should be given the opportunity to succeed in the community-she absolutely agreed with that. It is apparent, however, that if we are to continue to allow those folks that are trying to make valiant efforts to rehabilitate themselves to be victimized by landlords who refuse to obey current code standards, their chances for rehabilitation become less and less possible. The people who own or manage these substandard dwellings not only victimize our community, but they also take advantage of parolees who subsist at these dwellings to their personal detriment with nowhere else to turn. The only people profiting from our failure to enforce our own codes-and we do fail to enforce 39 rJ7/16/2007 our own codes on a daily basis-are the landlords who will be forced to follow the law or risk losing their monetary gravy trains. Ms. McCammack stated that in all the memos they've received, everyone seems to disagree on what the law is. The reality is that if our staff members are only covered under qualified immunity, the City is still on the hook-that's the problem. She stated that she didn't understand the Mayor's comment that we cannot target parolees. She stated that she didn't understand that they are a protected class. Mayor/Chairman Morris stated that we cannot declare as a public policy that we're going to go after parolees-that is not permissible. Council Member/Commissioner McCammack suggested that if we don't make sure that parolees are living in safe, qualified housing and that they themselves are following the law within the City's codes, then we are doing a disservice to our community. She stated that her concern is that housing issues for parolees can't wait and especially when they're playing the game as Mr. Brinker suggested, and they are housing people by dividing houses or using a garage remodel to house a few more parolees. She stated that the bottom line is that the community is being victimized by people who are recommitting crimes to the tune of 70 percent, and unless we do something vigorously and with complete immunity, we are doing a disservice to our community. Ruben Lopez, 2648 Valencia Avenue, San Bernardino, CA, asked why we are allowing every parolee that the State of California wants to dump in our City. He stated that this is a State problem, not the citizens' problem. He stated that he agrees with Mr. Derry completely and totally. There are many people in this City who are endorsing the Mayor's plan to allow more parolees in our City and most of those people don't live in our City. He stated that we need more police officers on the street to patrol the City so all the citizens of the City feel safe and the children would get to know the police and they would respect and obey them. He stated that Mayor Valles received $4.1 million to hire 22 police officers. They spent the money and not one police officer was hired. Measure Z passed, but how many police officers have been hired. He doesn't see patrol cars on his street very often. Mayor/Chairman Morris stated that he does not invite parolees into our City. He stated that he understands that we have a serious crime problem that relates to gangs-we have 2,500 identified documented gang members in our City. He stated that it relates to guns-we have thousands of guns in our City. We have degraded housing-the low cost housing of our City is a continuing and ongoing problem for us and that's why we have such a beefed up Code Enforcement presence in this City. Mayor Morris stated that we have a problem with parolees. These are difficult and complex issues that we're diligently working on. The 40 07/16/2007 State releases parolees back to the County from which they came. They do not allocate between communities as to where they should live. They locate in the cities where they happen to be from, most typically, or where they can fmd affordable housing, which happens to be the condition of our community these days. We have got to carefully monitor their conduct-we do that with our Police and Code Enforcement Departments. He stated that they are the professionals. We do not have jurisdiction over these parolees. They are in the care and custody of the State Parole office. Council Member/Commissioner Johnson stated that Police, Code Enforcement, City Attorney and other government agencies are already involved in our team inspections. Our City is still a dumping ground for parolees, but he agrees with Councilman Brinker. We need to look at legislation to change that-we can't change it at this level. We need to talk to the State on sending parolees back to the cities that they came from, not the counties, and that would reduce our levels. Council Member/Commissioner Kelley stated that he is proud of our Police officers and our Code Enforcement Department-they do a fine job. However, we don't do our job. We don't give them the resources they need to protect this City and the citizens of our community. He stated that they just passed a budget and they could have given them a lot more resources. He stated that he believes very strongly that City government's first and foremost responsibility is to keep our citizens safe and that's why he insisted that we use all the Measure Z funds to pay for additional police officers as was promised to the public. He stated that that's why he voted to maintain the criminal history box on our City employment forms and why he supported Jessica's law to keep sexual predators away from our children. Mr. Kelley stated that this strong commitment to public safety is the reason he is supporting the proposal to expand the team inspections. The fact is that most criminal parolees will commit additional crimes and be returned to prison. Expanding these team inspections will help protect our senior citizens, our children, and all of our families from these repeat criminal offenders. He stated that the people of the Fifth Ward and of this City want action to reduce crime in our City. They want safer neighborhoods. Mr. Kelley urged the public to join him in support of this needed crime-fighting approach. Council Member/Commissioner Baxter stated that he agrees that something definitely needs to be done in regards to the parolee situation. We have not been doing sweeps for seven years because for the last year and one-half we've had something called Operation Phoenix and a different plan. We have a plan that is working, we have a plan that with acceleration will in fact do what needs to be done in this City. Council Member/Commissioner Estrada stated that she was baffled by Mr. Kelley's comments that we have the resources-that we're at fault because we have the resources but choose not to spend those resources on more police. She asked Mr. Kelly to point to exactly where in the budget it shows that we have 41 07/16/2007 money for more police that we are not using for more police. You're going to have to take it away from someplace else-some other department. Council Member/Commissioner Kelley stated that for quite some time he has suggested that they dip into the reserves. He stated that when he came on board they had $6 million, $8 million, $10 million, and now they have just under $12 million. Mr. Kelley stated that it's the people's money and it belongs working for them, not in the bank gathering dust. Mayor/Chairman Morris pointed out to the Council that this motion directs our Police and Code Enforcement Departments and other departments to assist the City Attorney-to place him, an elected politician, in charge of our Police and Code Enforcement resources, and it makes no sense at all in terms of good public policy. Council Member/Commissioner Brinker stated that the motion he had put forward was to put the City Manager in charge. He stated that he was not going to support the motion made by Councilman Derry. He stated that the way he reads the City's Charter is that the City Manager directs Code Enforcement and the Mayor is in charge of overseeing Police and Fire. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner McCammack, that the Mayor and Common Council direct Police, Fire, Code Enforcement and other pertinent City departments to assist the City Attorney's Office by participating in team inspections of parolee housing facilities to gather evidence to be used by the City Attorney for prosecutions and other actions under his authority. The motion failed by the following vote: Commissioners Derry, Kelley, McCammack. Commissioners Estrada, Baxter, Brinker, Johnson. Ayes: Nays: Absent: Council Council None. Members/ Members/ 34. 1-210 Corridor Enhancement Plan Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry, that the matter be continued to the Council/Commission meeting of August 6,2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Kelley. 42 rn /16/2007 35. Capital Improvement Program (CIP) workshop - Economic Development Agency Boardroom - review the Five-Year Capital Improvement Program- Fiscal Years 2007/08 - 2011/12 Note: No staff report was distributed with the backup materials. Mayor/Chairman Morris suggested that this item be continued to the next regularly scheduled Council meeting. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner McCammack, that the matter be continued to the Council/Commission meeting of August 6,2007. 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 Pemnan, City Clerk Clark, Economic Development Agency Executive Director Pacheco and Special Counsel Sabo. Absent: None. R36. RES. CDC/2007-22 - 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 a Redevelopment Project Study and Exclusive Right to Negotiate Agreement by and between the Agency and Galaxy Commercial Holding, LLC ("Developer") (Central City Redevelopment Project Area). (Continued from June 18, 2(07) Maggie Pacheco, Executive Director of the Economic Development Agency, stated that this agreement deals with two parcels of land that are owned by the Agency, commonly referred to as the Court Street Square and the parking adjacent to City Hall on Fourth and "E" and Court Street. She stated that this agreement deals with exclusivity to explore the development of a Class A office development at this site, but she reminded the Council that this site was recommended by the Urban Land Institute (ULI) for a potential plaza park. Although this Council has not made or accepted the formal recommendations by ULI, the Agency would like to continue to work with Mr. Cohen from Galaxy to look at these office opportunities. 43 07/16/2007 Ms. Pacheco stated that if the Commission determines that they would like to implement the ULI recommendations, including, but not limited to, looking at the site for a potential plaza park, then they would like to have the option of looking at another site with Mr. Cohen. She advised that they are proposing some language on page 5 of the Exclusive Right to Negotiate Agreement that would reserve their ability to look at other sites, not exclusively to look at the office opportunities, but at other locations in the event the commission chooses to implement the ULI recommendations. She said that this is keeping in mind that there are a number of recommendations that ULI has set forth, but have not been adopted collectively, and she feels that they need to preserve their option to look at other sites for these office needs. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. CDC/2007-22 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. R37. ANR Homes, Inc. - Redevelopment Project Study and Exclusive Right to Negotiate Agreement (Seccombe Lake - Central City East and Inland Valley Development Agency Redevelopment Project Areas) RES. CDC/2007-23 - 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 a Redevelopment Project Study and Exclusive Right to Negotiate Agreement by and between the Agency and ANR Homes, Inc. ("Developer") (Seccombe Lake - Central City East and Inland VaDey Development Agency Redevelopment Project Areas.) Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Common Council of the City of San Bernardino consent to a Redevelopment Project Study and Exclusive Right to Negotiate Agreement by and between the Redevelopment Agency of the City of San Bernardino ("Agency") and ANR Homes, Inc., (Seccombe Lake - Central City East and IVDA Redevelopment Project Areas); and that said resolution be adopted by the Community Development Commission. The motion carried and Resolution No. CDC/2007-23 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCanunack. Nays: None. Absent: None. 44 fY7 /16/2007 R38. RES. CDC/2007-24 - 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 a Construction Contract by and between the Agency and Bell Roofing Company for the re-roormg of Agency property located at 201 North "E" Street (single story building - Central City Redevelopment Project Area.) Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. CDC/2007-24 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 39. Public Comments Vincent Muse, 540 E. Wier Road, San Bernardino, CA, suggested that signs be posted to limit parking on streets during street sweeping. Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, stated that the City's tax revenues have gone down which probably suggests that the economy of the City is going down with it. He stated that if you want to cut down the crime rate bring good jobs into the community-bring back the industrial base that we used to have. If you have good jobs, the violence will go down. James Penman, 221 E. Marshall Blvd., San Bernardino, CA, stated that it is enjoyable to have calm Council meetings where they can agree to disagree agreeably. He stated that he has enjoyed the last 161/2 months working with the Council and with Mayor Morris and he stated that he has tried to go out of his way to support him. Obviously, there are some issues on which they are going to disagree, but probably 89-93 percent of the time they have been in agreement. He stated that he cares about the City of San Bernardino and its future. He stated that he is going to try every day he's in office to make this a better community. Thomas Grant, 26353 Temple Street, Highland, CA, voiced his concerns regarding the rights of smokers/non-smokers and the fact that the National Anthem should not be played while a parade is in procession. He stated that it is to be played when everybody is assembled, they rise to attention placing their hands over their hearts and show respect to the country. Sean Hughes thanked the Council for their time and service on behalf of the City and its residents. 45 07/16/2007 40. Adjournment At 7:28 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, August 6,2007, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk BY~AhJ~~ Linda Sutherland Deputy City Clerk No. of Items: 40 No. of Hours: 6 46 07/16/2007 ; CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.or~ Mayor Patrick J. Morris Council Memben: Esther Estrada Dennis 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 ADJOURNED REGULAR MEETING AUGUST 13, 2007 - 5:00 P.M. ECONOMIC DEVELOPMENT AGENCY BOARDROOM 201 NORTH "E" STREET SAN BERNARDINO, CALIFORNIA This is the time and place designated for a joint adjourned regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino from the joint regular meeting of the Mayor and Common Council and Community Development Commission held at 1:30 p.m., Monday, August 6,2007, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The City Clerk has caused to be posted the order of adjourmnent of said meeting held on Monday, August 6,2007, and has on file in the office of the City Clerk an affidavit of said posting together with a copy of said order which was posted at 11 :45 a.m. Tuesday, August 7,2007, on the City Hall breezeway bulletin board. The joint adjourned 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 5:08 p.m., Monday, August 13, 2007, in the Economic Development Agency Boardroom, 201 North "E" 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; City Attorney Penman; City Manager Wilson; City Clerk Clark. Absent: None. 08/13/2007 \ 1. Workshop - Review Five-year Capital Improvement Program (CIP) - Fiscal Years 2007/08 - 2011112 Valerie Ross, Director of Development Services, provided opening remarks, stating that the CIP was really a collaborative effort starting with the City Manager's Office, Finance, Public Services, Parks and Recreation, Facilities, and the City Attorney's Office. She stated that today's meeting was a workshop to present the CIP to the Mayor and Council-that they would be asking for adoption of the final CIP at the Council/Commission meeting of August 20. Mark Lancaster, Deputy Director/City Engineer, stated that the CIP consisted of six major sections as follows: general buildings, streets and street lighting, sewers, storm drains, traffic controls, and parks and recreation. Using PowerPoint, Mr. Lancaster reviewed the first five sections, highlighting and detailing some of the major projects in each category. Kevin Hawkins, Director of Parks, Recreation and Community Services, presented information relative to the parks and recreation section of the CIP. He stated that the CIP budget process is a fluid process, and review of the project list showed there were a number of projects that have been carried over for some years; and it was staffs goal to strike a balance between completing some of these older projects with the newer projects that represent recently identified needs. He advised that last year there were approximately 45 projects listed in the 2006/07 through 2010/11 parks and recreation CIP. At last count, close to 10 projects were either underway or had been completed; and this year's CIP included 8 proposed new projects. Mr. Hawkins then reviewed the new projects proposed for 2007/08. Council Member/Commissioner McCammack had questions regarding the grass medians throughout the city and the resurfacing of the parking lot at Highland Little League at Speicher Park. Mr. Hawkins stated they would be looking at the medians citywide. City Manager Wilson stated that in the CIP there was a series of different needs in the various parking lots, and what they were going to do is package them all up as one project and either bid them out or work with Public Services and get them all done in one swoop instead of doing one here and one there. Council Member/Commissioner Brinker stated that one item he had hoped would be included, but was not, was a shade or picnic shelter at Colony Park. City Manager Wilson stated that it should have been included in this CIP, and he would make sure that it was added. 2 08/13/2007 " Council Member/Commissioner Brinker stated that his constituents had brought two items to his attention-lighting on San Bernardino Avenue between Tippecanoe and Mountain View; and even more important, sidewalks between Richardson and Mountain View. He stated that San Bernardino A venue at that location is a four-lane street-two lanes going each way-and there are major industrial areas near there with large trucks constantly traveling up and down that street, and there are no sidewalks. He stated that there are many, many homes with young children who walk down the street to Victoria Elementary, and he wanted to make sure these items were in the plan. He stated that it was his oversight that this was not brought up when he met with staff, and he didn't know how the Safe Routes to School program worked, but he wanted to make sure that they made this a priority. Council Member/Commissioner Estrada stated that earlier in the day she had been to Seccombe Lake, and she was compelled to call the City Manager and demand some action relative to the contractors that are doing the maintenance work at that park. She stated that at the east end of the lake there was a good 20-foot section out into the water of crud and incredible crap. She stated that the contractors are just not taking care of the parks the way they are supposed to, and she had asked Mr. Wilson to terminate this contract inunediately. She stated that they need to see what they can do to get more employees into the , Parks Department-that the City has grown by over 100,000 people over the last 15 years, and although the parkland has increased, the Parks Department has decreased in employees and some of that work has gone out to contractors. She suggested that the contractors do not do as good a job as our own staff. Council Member/Commissioner Baxter stated that he agreed with Ms. Estrada; however, he had no specific questions or problems-in fact, his constituents seem very pleased with what is going on in the Second Ward. Council Member/Commissioner Johnson stated that there were some existing drainage problems at Baseline and Medical Center Drive, and he asked what the plans were for that area. Mr. Lancaster advised that they did actually attempt to camera that particular line in order to find out if there was a blockage, and he believed they found that it was blocked. Randy Kuettle, Street Superintendent, advised that they cleared the line as best they could; however, it was going to need some additional underground work, and he thought it was under design to get that done. He stated that this area was on one of their hotlists for drains to watch, monitor, and maintain-that there is a lot of dirt and debris and trash that ends up on that corner and it gets into the drain. 3 08/13/2007 Mr. Lancaster directed the Council's attention to SD-A under the storm drain projects, which is an annual maintenance-type project that also does small repairs. He stated that there is a $50,000 allocation for that particular project and one of the projects on there is to replace and repair that particular culvert under Baseline and Medical Center Drive. Council Member/Commissioner Kelley referred to page 219 of the CIP and requested an update on project TC 06-06 at Palm and Irvington. Mr. Lancaster advised that that project was currently under design and had actually been pulled forward so it would be constructed this year. He stated that he believed the project should be ready to bid within the next couple of months. He indicated it would have to go through plan check, then through the bid process; and once they identify low bidder after three weeks of bidding, it would be taken to Council for award, and then allow a week or two for all contracts to be signed and all paperwork processed and for work to actually begin. He stated that with that timeframe in mind, they are probably looking at the beginning of December to get that project underway. Council Member/Commission Johnson referred to State Street, project SS04-09, and asked staff to elaborate on the environmental concerns that have delayed that project. Mr. Lancaster provided a detailed explanation about how the Federal Highway Administration (FHW A) looks at what is called logical termini-in other words, when you do a major extension project like this and it is federally funded, the federal government likes to look at other impacts-not just the slice that you are going to be constructing, but what are the ripple effects. He stated that for some reason, unbeknownst to him, they identified what is called the logical termini at the ends of the project that need to be studied for environmental from the 1-10 to the 1-215. He pointed out that that is literally miles beyond the end of the physical project, which is from Foothill to 16" Street; and not only that, but it laps into the jurisdictions of Colton as well as San Bernardino County. Not believing that was sensible, he stated that he appealed back to the FHW A, and it had taken a very long time to get their concurrence, but he believed that in about March or April of this year they did concur that the logical termini should be shortened to State Route 66, which is Foothill Boulevard, to the new State Route 210, which is much more reasonable. Mr. Lancaster went on to explain the process that would now be followed starting with what is called the Preliminary Environmental Study-the document that gives us the Caltrans project, identifies its needs, and the mitigations required in order to get that project underway to design and construction. He stated that once they get the environmental clearance they'll go for what's called an Authorization to Proceed for Design, similar to what they are doing right 4 08/13/2007 ~ now at the Mt. Vernon bridge; and once they get design completed, they'll go for an Authorization to Proceed with Construction. He stated that there are three segments that have been identified and he believed the easiest one to get done, or the simplest, was from 16th to Baseline-and that would help get a greater connectivity and not have a dead end as it is now, especially in light of the 210 being opened up. He added that the segments further south are a little more problematic as far as funding goes-where do you stop the street south of Baseline. Right now he was proposing to keep it four lanes wide until you get to 9th Street and then make it down to two lanes to 7th Street. He noted that some people would disagree that that's the best way to go, due to the residential nature of that area near 7th Street; but the terminus of the project is at Foothill and requires two very expensive bridges to be constructed, as well as the realigmnent of what would be Rancho A venue, in order to make that project complete and realign the streets properly so there is a direct connection literally between 1-215 and 1-10. He advised that funding had not really been identified to construct either of those bridges, so he believed once they get past Phase I, which is Phase I to 16th, they need to carefully plan out what is done south of Baseline in order to make the community happy as well as provide some connectivity before they increase the traffic that is bound to occur with the 210 opening. Council Member/Commissioner McCarnmack thanked those who added the money for additional sidewalk repairs and additional streetlight funding. She asked Mr. Lancaster if the FHW A was part of the process for the 210 breakthrough. Mr. Lancaster answered in the affirmative, stating however, that the only part the FHWA really had a share in was 1-15 and 1-215 where it connects to the interstate system. According to Ms. McCannnack, that's where they forgot about the ripple effect. 5 08/13/2007 2. Adjournment At 5:55 p.m., the meeting adjourned. The next joint regular meeting of the Mayor and Common Council and Community Development Commission is scheduled for 1:30 p.m., Monday, August 20, 2007, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By: ~H~e1Lfl Deputy City Clerk No. of Item: 2 No. of Hours: 1 6 08/13/2007