HomeMy WebLinkAbout07-16-2007 MinutesCITY OF SAN BERNARDINO
300 N. `D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patrick J. Morns
Council Members:
Esther Estrada
Dennis J. Baxter
Tobin Brinker
Neil Derry
Chas Kelley
Rikke Van Johnson
Wendy McCaaaack
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.
Roll Call
Roll call was taken by City Clerk Clark with the following being present:
Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker,
Derry, Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Manager
Wilson. Absent: Council Member/Commissioner Kelley.
Council Member/Commissioner Kelley Arrived
At 1:45 p.m., Council Member/Commissioner Kelley arrived at the Council/
Commission meeting.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
People v. Union Pacific Railroad - San Bernardino Superior Court Case
No. SCVSS 144269.
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B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of
Government Code Section 54956.9.
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9:
Flores v. City and Gaynor Johnson - San Bernardino Superior Court Case
No. CIVSS 700464;
Golding v. City and City of Riverside - San Bernardino Superior Court
Case No. CIVSS 700791;
Windrow Earth Transport v. Robertson's
Mix v. City of San Bernardino - San Ben
SCVSS 144574.
Superior Court Case No.
D. Closed Session - personnel - pursuant to Government Code Section
54957.
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities - pursuant to Government Code Section
54957.
F. Conference with labor negotiator - pursuant to Government Code Section
54957.6:
Negotiator:
Linn Livingston, Human Resources Director
Employee Organizations:
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:
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Inland Communities Corp. v. City of San Bernardino, et al. (Paradise
Hills).
Mr. Penman noted that the three cases listed under Agenda Item No. 1C, 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, McCammack.
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
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A
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
Christopher Gray
Leonard Munz
Gracie Washington
Announcements
Department
Code Compliance
Finance
Fire
Parks, Recreation & Community
Services
Police
Public Services
Public Services
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.
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, McCammack.
Nays: None. Absent: None.
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, McCammack.
Nays: None. Absent: None.
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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 Council 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
of San Bernardino, et al. (81))
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)
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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. (81T)
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. Lopez and Cardenas,
et al. (8G)
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. (8I)
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. (8,n
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 Louise Vargas, et al. v.
City of San Bernardino, et al. (81S)
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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 77mothy Weisenberger, et al. v.
City of San Bernardino, et al. (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 TY LIN
International for the preparation of a project study report/project report for
the University Parkway/Interstate 215 Interchange Loop Entrance Ramp
Project (SSO4-19).
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 I-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.
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Resolution No. 2007-248 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. 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,
McCammack. 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 Construction 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 Construction and Maintenance District,
State University area. (13B)
RES. 2007-260 - Resolution of the City of San Bernardino confirming the
2007/2008 Assessment Roll for Assessment District No. 953, Landscaping
Maintenance District, 16t° Street and Medical Center Drive area. (13C)
RES. 2007-261 - Resolution of the City of San Bernardino confirming 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 confirming the
2007/2008 Assessment Roll for Assessment District No. 959, Zone 1,
Landscaping Maintenance Assessment District, Shandin Hills area. (13E)
RES. 2007-263 - Resolution of the City of San Bernardino confirming the
2007/2008 Assessment Roll for Assessment District No. 962, Sewer Lift
Station Maintenance District, Pine Avenue area. (13F)
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RES. 2007-264 - Resolution of the City of San Bernardino confirming 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 confirming the
2007/2008 Assessment Roll for Assessment District No. 968, Landscaping
Maintenance District, Airport Drive. (13I)
RES. 2007-266 - Resolution of the City of San Bernardino confirming the
2007/2008 Assessment Roll for Assessment District No. 974, Landscaping
Maintenance District, Rialto Avenue and Eucalyptus Avenue area. (13I)
RES. 2007-267 - Resolution of the City of San Bernardino confirming 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 confirming the
2007/2008 Assessment Roll for Assessment District No. 976, Landscaping
Maintenance District, Pine Avenue and Belmont Avenue area. (13I)
RES. 2007-269 - Resolution of the City of San Bernardino confirming 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 confirming 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 confirming 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 confirming the
2007/2008 Assessment Roll for Assessment District No. "I, Landscaping
Maintenance District, Verdemont Drive and Olive Avenue area. (13P)
RES. 2007-274 - Resolution of the City of San Bernardino confirming the
2007/2008 Assessment Roll for Assessment District No. 993, Landscaping
Maintenance District, Cajon Boulevard and June Street area. (13Q)
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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, f°H" Street area. (131)
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. (137)
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.
(13AA)
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)
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RES. 2007-286 - Resolution of the City of San Bernardino confirming the
2007/2008 Assessment Roll for Assessment District No. 1022, Zone 1, Zone 2
and Zone 3, Landscaping and Street Lighting Maintenance Assessment
District, SBIAA/Alliance California area. (13CC)
RES. 2007-287 - Resolution of the City of San Bernardino confirming the
2007/2008 Assessment Roll for Assessment District No. 1023, Landscaping
Maintenance District, Elm Avenue and Coniston Street area. (13DD)
RES. 2007-288 - Resolution of the City of San Bernardino confirming the
2007/2008 Assessment Roll for Assessment District No. 1024, Landscaping
Maintenance and Sewer Lift Station District, Inland Center Drive and
Riverwalk Drive area. (13EE)
RES. 2007-289 - Resolution of the City of San Bernardino confirming the
2007/2008 Assessment Roll for Assessment District No. 1025, Landscaping
Maintenance District, Patin 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, Waterman 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. (13IIII)
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 16' Street area. (13II)
RES. 2007-293 - Resolution of the City of San Bernardino confirming 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 confirming 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 confirming the
2007/2008 Assessment Roll for Assessment District No. 1032, Landscaping
Maintenance District, Palm Avenue and Verdemont Drive area. (13LL)
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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
2007/2008 Assessment Roll for Assessment District No. 1035, Zone 1 and
Zone 2, Landscaping Maintenance District, Palm Avenue and Meyers Road
area. (13NN)
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
2007/2008 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
2007/2008 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
2007/2008 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
2007/2008 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
2007/2008 Assessment Roll for Assessment District No. 1043, Zone 1 and
Zone 2, Landscaping Maintenance District, Palm Avenue and Irvington
Avenue area. (13UU)
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RES. 2007-305 - Resolution of the City of San Bernardino confirming 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 Club/Delman 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 07/16/2007
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 07/16/2007
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 throw away 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 Cal 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. 5' 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 Delmar
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, McCammack. Nays:
None. Abstentions: Council Member/Commissioner Johnson. Absent: None.
16 07/16/2007
Council Member/Commissioner Estrada stated that the contract at Delmann
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 landfill gas extraction and treatment system for Waterman
Landfill.
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 signs for repair, removal, and replacement
of damaged, faded and vandalized signs, and new installation of signs 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 Avenue, 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 identify 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
identify 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
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, Johnson,
McCammack. Nays: None. Absent: None.
23. RES. 2007-254 - 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 $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, Johnson,
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, Johnson,
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 07/16/2007
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, 2007)
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, 2007)
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: (1) 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 07/16/2007
Council Member/Commissioner McCammack 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 McCammack, 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 complicated 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 Penman 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: (1) 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 pickup $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 07/16/2007
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 Summer for Youth Internship
Employment Opportunities. 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 07/16/2007
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 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 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, McCammack. Nays: None. Absent: None.
31. Public hearing - resolution ordering work - Olive Avenue and Belmont
Avenue 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 07/16/2007
City Clerk Clark announced that on July 11, 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 find 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. Arias answered in the affirmative, stating that he has represented every
district attorney that has been in office since the mid-1970s, with the exception of
the current district attorney, in cases involving prosecutorial immunity.
28 07/16/2007
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 Penman 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 find 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. Penman 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. Penman 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 Billdt 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 Billdt 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
2001. Chief Billdt 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 Billdt 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 Billdt 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 Billdt stated that they have had a long-standing good -working relationship
with Code Enforcement, with other governmental 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 Billdt 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 Billdt 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 1 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 21/2 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-2,019—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. Penman'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 07/16/2007
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 AB614 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 07/16/2007
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. 25' 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. Perlman 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 soft -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, 9661h N. Crescent, San Bernardino, CA, stated that he works for
Turrill Transitional Assistance Program, a non-profit charitable corporation that
37 07/16/2007
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. 17' 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. 18' 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. McCammack 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 07/16/2007
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 Vailes received $4.1 million to hue 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
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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 find
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: Ayes: Council Members/
Commissioners Derry, Kelley, McCammack. Nays: Council Members/
Commissioners Estrada, Baxter, Brinker, Johnson. Absent: None.
34. I-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 07/16/2007
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 Penman, 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, 2007)
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 07/16/2.007
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 Valley
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, McCammack. Nays: None. Absent: None.
44 07/16/2007
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 -roofing 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 16'/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.
No. of Items: 40
No. of Hours: 6
RACHEL G. CLARK
City Clerk
1 1 �
Deputy City Clerk
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