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Home My WebLink About06-Council Minutes , CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris Council M.mb.,..: Esther Estrada Dennis J. Boxter Tobin Brinker Neil Derry Chas Kelley RikJre Van Johnson Wendy McCammack ~ MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING OCTOBER 15, 2007 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor/Chairman Morris at 1:35 p.m., Monday October 15, 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, McCanunack; City Attorney Penman, City Clerk Clark, City Manager Wilson. Absent: Council Member/Commissioner Kelley. Council Member/Commissioner Kelley Arrived At 3 p.m., Council Member/Commissioner Kelley arrived at the Council/Commission meeting. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): 1 10/15/2007 Michael Desrochers, Steve Lowes v. City of San Bernardino, et aI. _ United States District Court Case No. EDCV 06-1408 V AP (JCRx); People of the State of California, actin~ by and throu~h the Department of Transportation, et aI. v. Brian C. Crane, et aI. - San Bernardino Superior Court Case No. CIVSS 703144; Kimberly J. Smith v. Onmitrans, et aI. - San Bernardino Superior Court Case No. SCVSS 139188; Danuta Tuszynska v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. CIVSS 705138. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (I), (2), (3) (A-F) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. D. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6: Ne~otiator: Linn Livingston, Human Resources Director Employee Or~anizations: General Unit Mid-Management Unit San Bernardino Confidential Management Association G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. 2 to/15/2oo7 " Assistant City Attorney Easland announced that the following additional case would be discussed in closed session under Agenda Item No. IB, Significant Exposure to Litigation: Frank R. Cortez v. City of San Bernardino. 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. Moment of Silence Mayor Morris extended condolences to the family and requested a moment of silence in memory of Koula Helene Litras, longtime resident of the City of San Bernardino who for many years operated the National Orange Show Restaurant with her husband, Jimmy; and William "Bill" Cozzo, who was best known for his role as an emcee at many community events, roasts, and fundraisers and served his community as a member of the Board of Directors for St. Bernardine Medical Center Foundation, American Red Cross, Footprinters, and the National Orange Show. Invocation/Pledge of Allegiance The invocation was given by Sister Mary Frances Coleman of the Diocese of San Bernardino, followed by the pledge of allegiance, led by Hannah Vermillion, a fifth grade student at Ramona Alessandro School, and Patsy Shordon, a student at Inghram School. 2. Appointments · Steven Campbell - Board of Building Commissioners - Council Member Baxter · Jane Sneddon - Alternate - Bicentennial Ad Hoc Committee - Mayor Morris · Arthur Guerrero - Bicentennial Ad Hoc Committee - Council Member Estrada · Jazmyne Bell- Youth Advisory Commission - Council Member Brinker · Jessica Hurst - Board of Library Trnstees - Mayor Morris Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the appointments of Steven Campbell, Jane Sneddon, Arthur Guerrero, Jazmyne Bell, and Jessica Hurst, as requested by Council Member Baxter, Mayor Morris, and Council Members Estrada, and Brinker, be approved. 3 10/15/2007 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 3. Presentations & Proclamations Councilman Rikke Van Johnson presented the Citizen of the Month award to Lucy Evans, who collects, packages and delivers personal items to the homeless. Mayor Morris presented a proclamation designating Saturday, October 27, 2007, as "Make a Difference Day" to Luisa Ross, Rehabilitation/Redevelopment Program Specialist with Neighborhood Housing Services of the Inland Empire. Councilwoman Wendy McCammack recognized Carol Donnelly for her efforts in hosting the "Make a Difference Day" "Attitude of Gratitude" luncheon in honor of local police officers and firefighters to be held on Saturday, October 27, 2007, at Fire Station No. 12, from 11 a.m. to 4 p.m. American Legion Representative Gary Cherrns presented a POW/MIA flag to Mayor Morris and requested that it be flown daily in honor of the 91,000 men and women of the Armed Forces who never made it home from World War II, Korea and Vietnam and the POWs who have made it home. Peggi 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 Lori McElroy Benjamin Alexander James (Mat) Fratus Thomas Hannemann Isaac Horn Linda Puetz Andrea Zuniga Dodie Alsop Lt. Brian Boom Lt. Diane Holmes Vincent Kilbride Rick Moyer Michael Vasilis Department Development Services Fire Fire Fire Fire Library Library Police Police Police Police Police Police 4 Years of Service 5 15 20 15 15 5 5 35 25 25 30 30 25 10/15/2007 4. Announcements Announcements were made by the Mayor, members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding various civic, community, and chamber events and activities. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner 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. 6. Council Minutes Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the minutes of the following meeting(s) of the Mayor and Common Council/Community Development Commission of the City of San Bernardino, be approved as submitted in typewritten form: August 20,2007; and September 4,2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. ? Claims & Payroll A. Jason Porrino, P.O. Box 86610, Los Angeles, CA, spoke about a personal employment issue with Stater Bros. Markets. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated October 2, 200?, 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. 5 10/15/2007 8. Personnel Actions Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the personnel actions, as submitted by the Chief Examiner, dated October 11, 2007 in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 9. Set luncheon workshop for 12:00 p.m. on December 3, 2007 to discuss legislative issues with Senator Robert Dutton Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that a luncheon workshop be set for December 3, 2007, at 12:00 p.m. in the Economic Development Agency Boardroom to discuss legislative issues with Senator Robert Dutton. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 10. ORD. MC-1258 - An Ordinance of the City of San Bernardino amending Chapter 19.08 (Industrial Districts), Section 19.08.020, Table 08.01 (34) of the San Bernardino Municipal Code (Development Code) related to social service centers. FINAL READING Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said ordinance be adopted. Ordinance No. MC-1258 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 11. RES. 2007-417 - A Resolution of the Mayor and Common Council ofthe City of San Bernardino declaring its intention to authorize the annexation of territory (Annexation No.3) to Community Facilities District No. 1033, and adopting an annexation map showing the territory of Annexation No.3. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the Director of Development Services and the City Clerk be authorized to proceed under Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, as amended, with Community Facilities District No. 1033 Annexation No. 3 to include APN 0266- 041-52 & 53 (DP II No. 04-21) and APN 0266-041-80 (DP II No. 04-38); and that said resolution be adopted. The motion carried and Resolution No. 2007-417 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 12. RES. 2007-418 - Resolution of the City of San Bernardino authorizing and directing the execution of a grant of easement to Southern California Edison across City water department property located on the south side of Industrial Road, east of Waterman Avenue (APN 0141-342-04). Council Member/Commissioner Derry stated that he would abstain from voting on this matter due to the fact that he is employed by Southern California Edison. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-418 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Kelley, Johnson, McCamrnack. Nays: None. Abstentions: Council Member/Commissioner Derry. Absent: None. 13. RES. 2007-419 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the fmal map for Parcel Map No. 17235, located on the southeast corner of Tippecanoe Avenue and Harry Sheppard Boulevard in the OIP, Office Industrial Park land use district, and accepting the public dedications as set forth on said map. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-419 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCamrnack. Nays: None. Absent: None. 7 10/15/2007 14. RES. 2007-420 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Repipe - California, Inc. for sewer line rehabilitation by cured-in-place (CIPP) method, two locations in Sierra Way and one location in Northpark Boulevard (SW-E, SW07-04, SW07-05), per Project Plan No. 12148. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-420 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 15. RES. 2007-421 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the purchase of 17 Motorola XTS 2500 portable radios from Motorola, Inc. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-421 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 16. RES. 2007-427 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and purchase order to Government Outreach for the subscription to the citizen relationship management software service. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-427 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 17. RES. 2007-422 - Resolution of the Mayor and Common Council authorizing the City Manager to execute the Third Amendment to Palm Field Agreement relating to use of Palm Field for recreational purposes, and ratifying any action taken between February 1, 2007, and the date that this resolution is adopted. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. 8 101 t5/2007 Resolution No. 2007-422 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 18. RES. 2007-423 - Resolution of the Mayor and Common Council authorizing the City Manager to execute a lease agreement between the City of San Bernardino and the Authority for the Handicapped of San Bernardino County for the lease of property known as 8088 Palm Lane on behalf of the City of San Bernardino Parks and Recreation Department. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-423 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 19. RES. 2007-424 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a vendor service agreement and the issuance of a purchase order to Service Scape for the landscape maintenance of Assessment District No. 1042 - Shandin Hills Drive and Shady Creek Drive; and ratifying any action taken between October 1, 2007, and the date that this resolution is adopted. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-424 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 20. RES. 2007-425 - A Resolution authorizing the execution of an agreement and issuance of a purchase order in the amount of $150,299.72 to Crest Chevrolet of San Bernardino pursuant to Section 3.04.010-B3 of the Municipal Code for three (3) 2008 Chevrolet 2500HD Extended-cab chassis and one (1) 2008 2500HD Std-cab chassis to be utilized by the Animal Control and Police Departments. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-425 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 9 10/15/2007 21. RES. 2007-426 - Resolution of the Mayor and Conunon Council of the City of San Bernardino authorizing the execution of an agreement and issuance of a purchase order in the amount of $36,550.00 with two (2) one-year extensions at the City's option between the City of San Bernardino and Smithson Electric, Inc. pursuant to Section 3.04.010 B-3 of the Municipal Code for loop replacement services, labor, and materials utilized by the Public Services Department, Streets Division. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-426 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 22. Public hearing for adoption of the Development Impact Fee Calculation and Nexus Report for the Updated Regional Circulation System Master Facilities Plan and approval of Amendment No. 1 to Resolution No. 2006-97 setting the new amount of the Regional Circulation System Development Impact Fees Mayor/Chairman Morris opened the hearing. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individual that he would provide true and honest testimony: , Carlos Rodriguez, Deputy Executive Officer for the Building Industry Association, Baldy View Chapter, 8711 Momoe Ct., Rancho Cucamonga, CA, commended the Council and staff for remaining proactive in identifying the needs with respect to infrastructure. He requested an opportunity to meet with staff as he has done in the past in order to clarify any questions relative to the rationale of the fee increase. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/ Commission meeting of November 5, 2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCarnmack. Nays: None. Absent: None. 23. Public hearing - Resolution authorizing the execution of an agreement and resolution ordering work relative to proposed Cajon Boulevard and University Parkway Area Landscape Maintenance Assessment District No. 1057 (parcel Map No. 17375) (Continued from October 1,2(07) 10 10/15/2007 Resolution of the Mayor and Common Council of the City of San Bernardino authorizing and directing the execution of a Landscape Maintenance Services Agreement relative to the proposed Assessment District No. 1057 (Cajon Boulevard and University Parkway Area Landscape Maintenance Assessment District). (23A) Resolution of the City of San Bernardino rmding and determining the existence of less than a majority protest, that ballots submitted in favor of the assessment exceed the ballots submitted in opposition to the assessment and that the public convenience and necessity require the maintenance of landscaping in the Cajon Boulevard and University Parkway area, approving the final Engineer's Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1057, ordering the work, confirming the 2008-2009 Assessment Roll, and determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. (23B) Note: No resolutions were distributed with the backup materials. The hearing remained open. No public comments were received. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council/ Commission meeting of November 19, 2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 24. Public hearing - resolution authorizing the execution of an agreement and resolution ordering work relative to the proposed Central Avenue and Lena Road Area Landscape Maintenance Assessment District No. 1063 - Parcel Map No. 17721 (Continued from October 1, 2(07) Resolution of the Mayor and Common Council of the City of San Bernardino authorizing and directing the execution of a Landscape Maintenance Services Agreement relative to the proposed Assessment District No. 1063 (Central Avenue and Lena Road Area Landscape Maintenance Assessment District). (24A) 11 10/15/2007 Resolution of the City of San Bernardino fmding and determining the existence of less than a majority protest, that ballots submitted in favor of the assessment exceed the baUots submitted in opposition to the assessment and that the public convenience and necessity require the maintenance of landscaping in the Central Avenue and Lena Road Area, approving the fmal Engineer's Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1063, ordering the work, confirming the 2008-2009 Assessment Roll, and determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. (24B) Note: No resolutions were distributed with the backup materials. The hearing remained open, No public comments were received. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council! Commission meeting of November 5,2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays; None. Absent: None. 25. RES. 2007-428 - Resolution of the City of San Bernardino authorizing the execution of an agreement with MuniServices, LLC to provide analysis and audit services for the City of San Bernardino's Transactions and Use Tax collected by the State Board of Equalization. (Continued from October 1, 2007) Council Member/Commissioner McCammack stated that she was concerned about the potential of a duplication of services between MuniServices and Progressive. She stated that Progressive, the company the City Clerk's Office uses, is able to identify sellers that are not in compliance with the City's business license ordinances, which is what the City Clerk's Office currently does, and it also identifies unregistered sellers in the City who should be reporting sales tax. Council Member/Commissioner McCammack stated that the contract the City entered into with Progressive back in 2003 gives them the ability to check the gross receipts remitted to the State Board of Equalization, then the City Clerk's software has the ability to put the two together, and there is an immediate ability to audit business registration. She stated that this opened up a discussion as to how they could ensure that the Business Registration issue is fair and that there is 12 10/15/2007 t an ability to make sure that the companies that are required to pay a certain amount of business registration fee are in fact doing so. Council Member/Commissioner McCammack stated that she hoped that Ways and Means would have an opportunity to meet with MuniServices, the Finance Director, the City Clerk, and the City Manager to make sure the City is getting the best bang for its buck on the Progressive side of the software. City Clerk Clark stated that Progressive Solutions provides information that shows if a business is paying tax to the State Board of Equalization, but is not registered in the City, enabling staff to follow up and register them and visa versa. She stated that if staff determines that an account is not paying tax, then they would follow up with that account as well. City Clerk Clark stated that Progressive has done some audits and last year over $100,000 was recouped from businesses that were reporting a different set of gross receipt figures to the State Board of Equalization. Council Member/Commissioner Brinker stated that he wanted to get more information on this topic and he questioned whether they should have a study session at some point to in more detail talk about how this process works. Mayor/Chairman Morris recommended that Council Member/Commissioner Brinker speak to staff first and then, if necessary, they could schedule a workshop. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-428 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCamrnack. Nays: None. Absent: None. 26. UUT Ballot Measure Note: No backup materials were distributed. Mayor/Chairman Morris stated that this item was not ready to move forward. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/ Commission meeting of November 5,2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 13 10/15/2007 f 27. Public Comments Anthony Garacci, 966 W. Crescent Avenue, San Bernardino, CA, has done some research and has found out that within the last 20 years the City Attorney has spent $1.5 million going after parolees. He stated that he is trying to figure out where this money is coming from and why the City is so broke that they can't fix the roads. He asked why the spending by the City Attorney and the City Manager is not being audited. Jaime Alvarez, 1245 Knoll Avenue, Redlands, CA, stated that on September 14, 2007, all the criminal charges against his family were dropped by the County District Attorney's Office and that the criminal case is closed. He stated that they have a civil case that's now pending that will become active. He provided the Council Members with an information packet and a documentary DVD and requested that they look at the evidence because he believes people were misled about his family's conduct. Tom Kanavos, 1962 Turrill Avenue, San Bernardino, CA, stated that according to Mr. Penman's last debate he made reference to parolee housing, stating that there were laws on the books that were applicable to sober living facilities that house parolees; however, there could be nothing further from the truth. He stated that Mr. Penman has misled the City Council and the Police Chief as to the application of the Residential Care Facilities State Law Act. He has applied Health and Safety Code 1501, which only mentions mentally ill, developmentally ill, or children and the elderly, which would require personal care services. He has applied this to parolees in the marmer of saying that they can only have six per address, and if you exceed that six per address, you must have a permit. This information was given to the Police Department and was used to close down sober living homes where there are no State or local mandates to do so. He stated that AB724, which regulates sober living homes, is still in committee, and there are no other laws governing sober living homes for parolees or addicts. Mr. Kanavos stated that Mr. Penman has subjected the City to major legal liability using these laws knowing that they don't apply to parolees or to recovering addicts. He noted that Mr. Penman had also stated that Los Angeles County parolees are being dumped in San Bernardino by the Parole Department, which is ridiculous, as there is a State law that prohibits this. No parolee can be placed in another county unless he has a residence, a job, or family members in the community, and even then the Parole Department could still deny the transfer application. Kerry Peterson, P.O. Box 6613, San Bernardino, CA, stated that he came to the meeting to orally apply for a position as poet laureate, so he brought some of his pieces, which are on display in museums throughout the nation. 14 10/15/2007 Reverend Reginald Beamon, 1730 W. Gilbert Street, San Bernardino, CA, Co- founder of Mynisha's Circle, spoke about HR 1069 (Mynisha's Law), a gang prevention bill sponsored by Congressman Joe Baca in the House and by Senator Barbara Boxer in the Senate, which was incorporated into a larger gang bill sponsored by Senator Diane Feinstein (Senate Bill 456), which passed the Senate on September 21, 2007. Mynisha's Law would allow the Attorney General to establish a Federal Gang Task Force, which would create a comprehensive national gang prevention strategy that would focus on all aspects of the fight against gangs from at-risk youth to intervention and literacy, employment and community policing. Dr. Dean Hunt, Sumner College of Health Sciences, 1668 Plum Lane, Redlands, CA, announced that the school, which is scheduled to open in February, is a stand-alone graduate degree granting program in nurse anesthesia. He stated that because they are interested in getting at-risk high school students interested in the health care professions, they will be opening up a free clinic in the City of San Bernardino that will be run by at-risk high school students. Rinea Lucia, P.O. Box 864, Yucca Valley, CA, asked for a new animal shelter to replace the current one which is 50 years old and because it is so old it can no longer be sanitized, the animals are overcrowded, and there is no veterinarian on staff. James Smith, 1156 E. 24th Street, San Bernardino, CA, stated that the Bicentennial Ad Hoc Committee and the Historical Preservation Commission have held their first meetings. He invited the public to attend the next meeting of the Bicentennial Ad Hoc Committee, which will be held on October 24, 2007, and the next meeting of the Historical Preservation Commission, which will be held on October 29, 2007. 28. Adjournment At 5: 15 p.m., the meeting was adjourned. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, November 5, 2007, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California.l RACHEL G. CLARK City Clerk BY~A.~ _ Lin a Sutherland Deputy City Clerk No. of Items: 28 No. of Hours: 3.7 15 10/15/2007 , CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris Council Members: Esther Estrada Dennis J. Baxter Tobin Brinker Neil Derry CIuls Kelley Rikk.e Van Johnson Wendy McCammack - MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING NOVEMBER 19, 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 1:36 p.m., Monday, November 19, 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 4: 10 p.m., Council Member/Commissioner Kelley arrived at the Council/Commission meeting. City Clerk Clark Excused/Assistant City Clerk Medina Arrived At 4:40 p.m., City Clerk Clark left the Council/Commission meeting and was replaced by Assistant City Clerk Medina. Council Member/Commissioner Estrada Excused At 7:07 p.m., Council Member/Commissioner Estrada left the Council/Commission meeting. 1 11/19/2007 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Michael Desrochers, Steve Lowes v. City of San Bernardino, et aI. - San Bernardino Superior Court Case No. CIVSS 708367; Emilio Flores, et al. v. City of San Bernardino, et aI. - San Bernardino Superior Court Case No. CIVSS 700464; Charles Jones v. City of San Bernardino, et aI. - San Bernardino Superior Court Case No. SCVSS 144212; Var~as, Mary Louise, et aI. v. City of San Bernardino, et aI. - United States District Court Case No. EDCV 06-01402 V AP (JCRx); People v. Manta Mana~ement Corporation - San Bernardino Superior Court Case No. SCVSS 117285. 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: Two Cases Inland Communities Corp. v. City of San Bernardino (Paradise Hills Project) C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. D. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. 2 I I/19/2007 G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. City Attorney Penman announced that during closed session the following matter was discussed under Agenda Item No. lB: The shooting of an armed suspect on the west side of San Bernardino by the San Bernardino Police Department. 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 Joe Vindel of St. Paul's United Methodist Church, followed by the pledge of allegiance, led by Councilman Tobin Brinker. 2. Appointments Civil Service Board - Mayor Morris . Christine Erickson Mobile Home Board - Mayor Morris . Counie Avalos Youth Commission . Yvette Aguayo - Council Member Estrada . Alyssa Alfaro - Council Member McCanunack Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the appointments of Christine Erickson, Connie Avalos, Yvette Aguayo, and Alyssa Alfaro, as requested by Mayor Morris and Council Members Estrada and McCarnrnack, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Johnson, McCanunack. Nays: None. Absent: Council Member/Commissioner Kelley. 3. Presentations Assembly Member Wilmer Amina Carter, representing the 6200 Assembly District, presented a "State of the State" report. 3 11/19/2007 Peggi 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 Margaret Fedor Barbara Pachon Linda Adams Capt. Ted Henson Jr. Sgt. Raymond Kin/l Department City Clerk Finance Library Police Police Years of Service 25 15 10 30 20 4. Announcements Announcements were made by the Mayor, members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding various civic, community, and chamber events and activities. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission, be waived. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Johnson, McCanunack. Nays: None. Absent: Council Member/Commissioner Kelley. 6. Claims & Payroll Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated October 31, 2007, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Johnson, McCanunack. Nays: None. Absent: Council Member/Commissioner Kelley. 4 11/ 19/2007 7. Personnel Actions Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the personnel actions, as submitted by the Chief Examiner, dated November 15, 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, as amended, to include the promotions of Dan Blum and Renato Giannini as requested by the City Attorney's office. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Kelley. 8. Approve the 2008 Council Meeting Dates and Agenda Deadline Schedule Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Common Council and the Community Development Commission approve the following dates for regular meetings of the Mayor and Common Council/Community Development Commission for the year 2008: January 7; January 22 (Tuesday due to holiday); February 4; February 19 (Tuesday due to holiday); March 3 and 17; April 7 and 21; May 5 and 19; June 2 and 16; July 7 and 21; August 4 and 18; September 2 (Tuesday due to holiday); September 15; October 6 and 20; November 3 and 17; December 1 and 15. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Kelley. 9. RES. 2007-450 - Resolution of the Mayor and Common Conncil of the City of San Bernardino authorizing the execution of an agreement between the City of San Bernardino and Progressive Solutions, Inc. for revenue recovery, software license agreement and software maintenance agreement for software and revenue recovery services pursuant to Section 3.04.010-B3 of the Municipal Code and ratifying acts of the City Clerk from July 1, 2007, through the euactment of this resolution. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-450 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Kelley. 5 11/19/2007 10. RES. 2007-451 - Resolution of the City of San Bernardino preliminarily determining that the public convenience and necessity require the formation of a landscape maintenance assessment district located in the Orange Show Road and Tippecanoe Avenue area without compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931; declaring its intention to proceed to order work within the district, to be known as Assessment District No. 1059; preliminarily approving the Engineer's Report and giving notice of a public hearing. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the Director of Development Services and the City Clerk be authorized to proceed under SBMC 12.90, with the establishment of a landscape maintenance assessment district in the Orange Show Road and Tippecanoe Avenue area (Parcel Map No. 17132), to be known as Assessment District No. 1059; and that said resolution be adopted. The motion carried and Resolution No. 2007-451 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Kelley. 11. RES. 2007-452 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the Final Map for Tract Map No. 17972, located on the east side of Waterman Avenue south of Orange Show Road in the Office Industrial Park (OIP), and Industrial Light (IL) Land Use Districts, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the improvements in said subdivision, with time for performance specified. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-452 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Kelley. 12. ORD. MC-1259 - Ordinance of the City of San Bernardino amending Chapter 15.16 of the San Bernardino Municipal Code and adopting the 2007 California Fire Code, with appendices, and incorporating by reference the 2006 Edition of the International Fire Code and necessary California amendments, together with California Code of Regulations, Title 24. FINAL READING Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that said ordinance be adopted. 6 11/19/2007 Ordinance No. MC-1259 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Kelley. 13. Item Deleted 14. RES. 2007-453 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the third amendment to the waste delivery agreement between the County of San Bernardino and the City of San Bernardino. Council Member/Commissioner McCanunack made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-453 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Kelley. 15. RES. 2007-454 - Resolution authorizing the execution of an agreement and issuance of a purchase order to Fairview Ford of San Bernardino pursuant to Section 3.04.010-B3 of the Municipal Code for the purchase of sixteen (16) refuse trucks complete with refuse bodies and LNG conversion to be utilized by the IWM Division; and authorizing the purchasing manager to solicit lease-purchase rate quotes and award a lease-purchase to the lowest responsible leasing company. Council Member/Commissioner McCanunack made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-454 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Kelley. 16. RES. 2007-455 - A Resolution authorizing the execution of an agreement and issuance of a purchase order in the amount of $414,384.89 to Crest Chevrolet of San Beruardino pursuant to Section 3.04.010-B3 of the Municipal Code, "Purchases Approved by the Mayor and Common Council" for the purchase of one (1) Vactor 2110 RCS Jet Rodder truck to be utilized by the Public Services Department Street Division Sewer Crew. Council Member/Commissioner McCammack 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 by transferring $415,000 from the unappropriated Sewer Line Maintenance Fund balance into Account No. 132-431-5701 (Motor Vehicles). 7 11/19/2007 The motion carried and Resolution No. 2007-455 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Johnson, McCanunack. Nays: None. Absent: Council Member/Commissioner Kelley. 17. Item Deleted l8A. Development Services Department Reorganization Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Common Council: Reclassify one (1) Senior Civil Engineer position, Range 4550, $6,896-$8,383 to Principal Civil Engineer, Range 4570, $7,620-$9,262; and Reclassify the Engineering Division Manager/City Engineer position, Range 4600, $8,850-$10,157 to City Engineer, Range 4600, $8,850-$10,157; and Add one (1) Deputy City Engineer position, Range 4580, $8,010-$9,736; and Add one (1) Senior Administrative Assistant position, Range 1400, $3,264- $3,967; and Add one (1) Assistant Director of Development Services position, Range 4620, $9,778-$11,885; and Delete the Principal Planner position, Range 4550, $6,896-$8,383; and Authorize the Human Resources Department to update Resolution Nos. 6413 and 97-244. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Kelley. l8B. Authorize funding for one (1) full-time permanent City Attorney Investigator at one-half time Joe Ortiz, 387 W. 25'" Street, San Bernardino, CA, stated that he is glad he lives in the City of San Bernardino. 8 1lI19/2007 -", '-_.~~ Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Derry, that the Mayor and Common Council authorize the funding for one full-time permanent City Attorney Investigator at one-half time; that the Human Resources Department be authorized to update Resolution No. 97-244 to reflect this action; and that the Director of Finance be authorized to amend the City Attorney's Office Fiscal Year 2007/2008 adopted budget by transferring $24,700 from Account No. OOI-092-5XXX (General Government Unreserved/Undesignated Fund balance) to Account No. 001-051-5XXX (Salaries/Permanent/Full- Time). The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Kelley. 19. Request for waiver of fees - YMCA Children's Christmas Parade - December 1, 2007 Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the request for a waiver of fees in the amount of $5,074 for department, personnel and equipment costs associated with the 30th Annual YMCA Children's Christmas Parade scheduled for December 1, 2007, be approved; and that $5,074 be transferred from the Civic and Promotion Fund into the various City departmental accounts as listed in the staff report, dated October 9, 2007, from Fred Wilson, City Manager, to recover their costs incurred in assisting with the parade. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Kelley. 20. Receive and file the FY 2006-2007 Year End Budget Report Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Derry, that the Mayor and Common Council receive and file the FY 2006-2007 Year End Budget Report. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCanunack. Nays: None. Absent: None. 21. Public hearing - resolution approving annexation and resolution calling a special election; and resolution certifying election results for Community Facilities District No. 1033 (Verdemont Fire Station) Annexation No.3, generally located on the north and south side of Industrial Parkway, west of Cable Creek Flood Control Channel 9 11/1912007 ~ """" RES. 2007-456 - A Resolution of the Mayor and Common Council of the City of San Bernardino, California, authorizing the annexation of territory (Annexation No.3) to Community Facilities District No. 1033 and authorizing the levy of a special tax and submitting the levy of tax to the qualified electors. (21A) RES. 2007-457 - A Resolution of the Mayor and Common Council of the City of San Bernardino, California, calling a special election and submitting to the voters of Annexation No. 3 of City of San Bernardino Community Facilities District No. 1033 propositions regarding the annual levy of special taxes within Annexation No. 3 and the establishment of an appropriations limit. (21B) RES. 2007-458 - A Resolution of the Mayor and Common Council of the City of San Bernardino, California, making certain fmdings, certifying the results of an election and adding property to Community Facilities District No. 1033, Annexation No.3. (21C) Mayor/Chairman Morris opened the hearing. No public conunents were received. City Manager Wilson stated that this item is a legality in that if you're in a certain zone within the City, which in this case is the Verdemont area, you have to annex into what is known as a Conununity Facilities District (CFD). He stated that the CFD was formed for the purpose of helping to fund the operation and maintenance of the Verdemont Fire Station and this is a required action that will annex these industrial buildings into that district. City Clerk Clark stated that she had received two ballots. The first ballot, representing 36 votes, voted in favor of both Propositions A and B; the second ballot, representing 12 votes, voted in favor of Proposition A. Council Member/Conunissioner Derry made a motion, seconded by Council Member/Conunissioner Estrada, that the hearing be closed; and that said resolutions A-C, be adopted. The motion carried and Resolution Nos. 2007-456,2007-457, and 2007-458 were adopted by the following vote: Ayes: Council Members/Conunissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 10 11119/2007 ,",'- 22. Public hearing - Resolution authorizing the execution of an Amendment to the Agreement to form a landscape maintenance district and resolution ordering work relative to the proposed Cajon Boulevard and University Parkway Area Landscape Maintenance Assessment District No. 1057 (parcel Map No. 17375) (Continued from October 15, 2007) Note: Resolution No. 22A was not distributed with the backup materials. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing and directing the execution of a Landscape Maintenance Services Agreement ["Default Agreement") relative to the proposed Assessment District No. 1057 (Cajon Boulevard and University Parkway Area Landscape Maintenance Assessment District). (22A) RES. 2007-459 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an amendment to the agreement to form a landscape maintenance district between the City of San Bernardino and HSB 1-215, LP, SE 1-215, LP and Hillwood Enterprises, LP, for that certain real property generally located on the west side of 1-215, north of Shandin Hills Golf Course, south of University Parkway, and east of Cajon Boulevard, in San Bernardino. (22B) RES. 2007-460 - Resolution of the City of San Bernardino rmding and determining the existence of less than a majority protest, that ballots submitted in favor of the assessment exceed the ballots submitted in opposition to the assessment and that the public convenience and necessity reqnire the maintenance of landscaping in the Cajon Boulevard and University Parkway Area, approving the final engineer's report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1057, ordering the work, confirming the 2008-2009 Assessment Roll, and determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. (22C) The hearing remained open. No public comments were received. Council Member/Commissioner McCanunack made a motion, seconded by Council Member/Commissioner Estrada, that the hearing be closed; that said resolution A, be tabled; and that resolutions B&C, be adopted. The motion carried and Resolution Nos. 2007-459 and 2007-460 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 11 11119/2007 -- 23. Appeal hearing - regarding the denial for application for permit for massage technician - Hong Bin He Mayor/Chairman Morris opened the hearing. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individuals that they would provide true and honest testimony: Ray Young, an interpreter speaking on behalf of Hong Bin He, stated that Ms. He pleaded and was found guilty on a previous occasion and was jailed for two days. Her attorney appealed that decision and the judge issued an order stating that the charges were dismissed and her name was cleared. Ms. He was advised by her attorney that her crime record no longer existed, so when she answered the question on the application for the massage technician asking if she had ever pled or been found guilty on a previous occasion, she answered "no". Mr. Young stated that because Ms. He was ill-advised by her attorney and because she doesn't read or speak English that well, she did not read the court order advising her to answer "yes" to any probes, even if the charges were dismissed. He stated that her application for the massage technician was denied mainly because she answered "no" to that question. He stated that she sincerely hopes the Mayor and Council will reconsider her application and grant her a permit as a massage technician, which is her only means of income. Deputy City Attorney Richard Luczak stated that the appellant was convicted of prostitution. He stated that she brought forward an order to expunge her record, which was granted; however, under the Penal Code she is still required to disclose the conviction to any State or local licensing agency. In this case, she did not do that and that is why the Police Department denied the application. City Attorney Pemnan advised the Mayor and Council that applicants are responsible for knowing the law and understanding what is on the application. Council Member/Commissioner McCanunack made a motion, seconded by Council Member/Commissioner Brinker, that the hearing be closed; and that the Mayor and Common Council uphold the decision of the Chief of Police and adopt his letter of October I, 2007, as its findings and conclusion, based upon the back- up information submitted and any additional evidence presented at the hearing. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCanunack. Nays: None. Absent: None. 12 11/19/2007 24. Appeal hearing - regarding the denial for application for permit for Massage Parlor - "Mini-Day Spa" - Herlinda Montenegro Mayor/Chairman Morris opened the hearing. No public comments were received. Staff indicated that the appellant requested a continuance to December 3, 2007, so that she can obtain an interpreter. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to December 3, 2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 25. Request for continuance of Tentative Tract No. 14112 -located northeasterly of the intersection of Foothill Drive and Sterling Avenue (Continued from May 21, 2007) David Lacy, 3777 Elm, San Bernardino, CA, stated that his property adjoins the tentative tract map area. He stated that in the last two months the owners have graded the property and removed vegetation which could create a huge mudslide. He stated that he checked with the Engineering and Planning Departments and found that no permit was pulled to do the grading on that property. Mr. Lacy asked that a requirement be added to the tract map approval that would require the owners to mitigate the excess water flow issues that have been created from the grading, and that sandbags be provided to prevent mud slides that may cause damage to the homes. Chris Lacy, 3777 Elm, San Bernardino, CA, stated that there is a pipe behind his property that connects to several other pipes that drain into a valley and it all flows into one pipe that runs along and over his property. He stated that when he bought the home he understood that he would have water flow. He stated that in March, right after he moved into his home, a bulldozer came in and leveled a six foot overflow berm, and any overflow that comes out of that water area that is supposed to be directed into that pipe will overflow and come directly toward his house instead of along the property. Mr. Lacy stated that there are trees growing on the other side of the pipe and debris from previous fires could clog the pipe and create an even larger overflow into that area. He stated that all the other homes are higher than his home, which could result in excessive mud flow and erosion. 13 1lI19/2007 Jamey Dye, Associated Engineers, stated that they have to do a Geotechnical Investigation to get the final map recorded, and in order to get the equipment to the site to do that, they had to fix the road that had been eroded. He stated that it is legally permitted under the Development Code for the Geotechnical Engineer to go in and do some minor grading and repair. He stated that as part of their contract they do have an erosion control plan in place with the City, and if any of the homeowners feel that there is an erosion issue, they were legally obligated and more than willing to perform any erosion control. Mayor/Chairman Morris asked Mr. Dye if he had discussed the erosion control plan with Mr. Lacy. Mr. Dye stated that he did get a call from Mr. Lacy about a month ago on this issue. He stated that he did go out and visit the site, but does not believe that there is any increased risk to his property associated with erosion from the work done by the Geotechnical Engineer. He stated that as a courtesy they would provide some more gravel bags. Mr. Dye pointed out that Mr. Lacy's property is the historical flow line for the entire drainage area upstream from his house. He stated that they have been trying to get an agreement with Mr. Lacy to put the drainage system through his driveway, and he came back with an offer of $150,000. Mr. Dye stated that at this point they are looking at other alternatives. He stated that Mr. Lacy's property is scheduled to receive 250 cubic feet of drainage per second during a . storm. He stated that they are proposing to reduce the drainage to nothing, but in order to do that they need to put a storm drain under his property or another property nearby. He stated that they are working with several of the homeowners to find the right homeowner that's willing to work with them on that issue. City Attorney Penman stated that he did not believe the Mayor and Council had the authority to add another condition for continuance of this matter. He stated that separate and apart from today's action, the Development Services Department could look into the concerns of the adjacent property owner and perhaps place some requirements upon the owner. Mayor/Chairman Morris stated that it does appear from the photographs that this is the historical flow down from those upper properties, but the issue of whether there has been alteration of the stream flow or the drainage flow is one that he wasn't sure they could determine at this table. Council Member/Commissioner McCammack stated that the staff report states that, "problems processing the design of the bridge over Daley Canyon Channel through the San Bernardino County Flood Control District and the design of the south half of Foothill Drive through the County Transportation Department has delayed completion of the project. n She stated that she wondered if all of these 14 11/ 1912007 ~.. different aspects of the flood control issue aren't due to maintenance, and if there is a maintenance issue, she was sure that our Development Services Director could probably address that through the contractor or the developer. Council Member/Commissioner Derry stated that the Geotechnical work had to deal with finding earthquake faults on the property, so they actually had to dig and excavate to fmd those faults. Council Member/Commissioner McCanunack stated that she thought it would be wise to solve the issues now to prevent future complaints. Valerie Ross, Director of Development Services, stated that she was not aware of the concerns with the drainage until today. She stated that she would send an inspector out to the site to see if it actually is a maintenance issue and whether it falls under the jurisdiction of the City, the developer, or County Flood Control. She stated that the primary reason the applicant is requesting a continuance is that this is a difficult piece of property and it is difficult to put together all the factors to come forward with a subdivision agreement for the actual final map, so they requested a six-month continuance to continue to work out some of those details before they ask the Council to approve the final map. She stated that some of the issues have to do with access, drainage, and the all weather crossing up there. Council Member/Commissioner McCanunack asked Ms. Ross if she would stay in contact with the County, the developer, the planner, and the homeowner to prevent any future problems. Council Member/Commissioner McCanunack made a motion, seconded by Council Member/Commissioner Derry, that the Mayor and Common Council approve the request for continuance of the Final Map for Tentative Tract No. 14112, to May 19,2008. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCanunack. Nays: None. Absent: None. 26. An Ordinance of the City of San Bernardino repealing Chapter 8.35 to Title 8 of the San Bernardino Municipal Code, that any vehicle used to solicit an act of prostitution or to acquire or attempt to acquire a controlled substance is a nuisance subject to seizure and impoundment. FIRST READING (Continued from August 20, 200?) City Attorney Pemnan provided a chronology of court cases relative to this issue. He stated that it was his recommendation that the Council repeal this ordinance because it has been preempted by State law. He stated that if the Council wanted to, they could enact another ordinance that would allow the City to take steps to 15 11/19/2007 have the vehicle declared a nuisance and issue an order prohibiting the defendant from using the vehicle again for pimping, pandering or prostitution. If the defendant violates the order, the vehicle could be impounded for up to 4S hours. Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Derry, that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Kelley, Johnson, McCarnmack. Nays: Council Member/Commissioner Derry. Absent: None. 27. An Ordinance of the City of San Bernardino adding Chapter 9.93 to the San Bernardino Municipal Code and establishing adminiqrative civil penalties for violations of the Municipal Code. FIRST READING Note: No ordinance was distributed with the backup materials. Staff requested that this matter be continued to the second meeting in January 200S. Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/Commission meeting of January 22, 200S. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCarnmack. Nays: None. Absent: None. 2S. Item Deleted 29. Initiation of a Development Code Amendment regarding Parolee Group Homes and Residential Care Facilities An Ordinance of the City of San Bernardino amending the San Bernardino Municipal Code (Development Code), to allow group homes and residential care facilities for parolees in non-residential and non-commercial land use districts subject to a conditional use permit. The CH (Commercial Heavy) Land Use Districts may also be considered to allow parolee group homes and residential care facilities subject to a conditional use permit. Mayor/Chairman Morris stated that he supported this initiative. He stated that his office has been involved for some time on the issue of re-entry by parolees into the community in partnership with both the State and the County. He stated that there is a unique opportunity for State and local jurisdictions to be partners in a 16 11/19/2007 --- historic prison reform movement, which will be discussed next Monday at their workshop. This partnership represents a major shift in our State's broken correctional system through the building of secure, locked re-entry programs to improve the parolee's opportunity for successful reintegration into our local community . Mayor/Chairman Morris stated that once a parolee leaves one of these secure re- entry facilities, programming in the community is essential to the success of the re-entry. He stated that those essential services include job training, mental health and drug abuse treatment and housing. The Department of Corrections for the State of California has funding available for the creation of residential multi- service centers in communities willing to issue conditional use permits. Residential multi-service centers will provide housing, substance abuse services and independent living skills to at -risk parolees to assist their transition and adjustment back into our cities. These secure, well-supervised centers will be needed to reduce recidivism by parolees in the City and that means improved public safety for the residents. He stated that he believes this ordinance is a big step toward reducing parolee recidivism and making the City safe. City Attorney Penman stated that right now we have a permanent moratorium on new parolee housing in either residential or commercial areas. He stated that he does not believe it is in the City's best interest to put parolee facilities in residential or commercial neighborhoods. The parolee facilities that he heard explained in Redlands recently at a workshop put on by Police Chief Bueerman of that City and Judge Tara Reilly, informed him that these facilities would be secure facilities. They would not be facilities where people could just come and go, but there would be close controls. He stated that there would be requirements for real rehabilitation programs. Mr. Pemnan stated that he is concerned that the many illegal group homes in the City today are exploiting the parolees-that they do not have real programs to help them-and that those factors add to the danger that those parolees pose to the surrounding residential and commercial neighborhoods. He stated that they're going to have to do something with these people and their choices are very limited. He stated that he believes the Council has the opportunity to begin a development code amendment process of gathering the information, having the Planning Commission study it, and then making a recommendation to the Mayor and Common Council. He stated that development code amendments can be very lengthy processes-anywhere from six months to one year. He stated that he imagined there could be a good deal of discussion and debate at every step. He didn't think they should wait for the workshop to get this process started. He stated that if they start the process today, City officials and others could attend the workshop, gather information, hear the views of the Council, and then go back to work on this, and in the end, if they still think it's a bad idea, they have the option of voting "no". 17 11/19/2007 Mr. Penman stated that we don't want these people roaming our residential or commercial neighborhoods. We want them where they can be watched during their transition period, where they can be counseled, where they can receive training, and where they can hopefully become productive citizens; but at least in the interim, they will be housed in a secure facility. Anthony Garacci, 966 W. Crescent Avenue, San Bernardino, CA, stated that the City is discriminating against parolees. Also, in accordance with the Fair Housing Act, it is against the law to tell someone where they can or cannot live. Joe Ortiz, 387 W. 25th Street, San Bernardino, CA, stated that a former neighbor is having difficulty selling his home because it is located next to a group home. He stated that this group home is very well kept on the outside, but it raises questions by any potential buyers. He stated that he believes it would be in the best interest of all those wanting to reestablish themselves into society to be able to take baby steps first in following rules within their committed homes outside of residential areas. Tom Kanavos, Turrill Transitional Assistance, stated that according to the Department of Justice, 85 percent of all parolees have addiction problems. He stated that according to the American Medical Association, any kind of substance abuse problem is a disability and any kind of discrimination based on a disability is clearly against the Federal Housing Law. He suggested that a facility could be set up in an industrial area so that the majority of the people can go to an interim facility in an industrial area that complies with the law as far as distances, etc., for perhaps six months instead of their full parole period. He stated that if a parolee has money, he can go wherever he wants, but if a parolee doesn't have any money, then he will either be homeless or may be placed by the parole department. Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, stated that we don't have the money or the prison capacity to house these people any more. He stated that if these people are released into society with no supervision, it will be a far more dangerous scenario than putting homes in a community and working to reintegrate these people into society. Council Member/Commissioner Kelley stated that every Council Member should know exactly where all the commercial and/or residential corridors are located in the City before deciding where to put these homes. He stated that he was concerned that these facilities would be built in commercial-heavy areas such as Hallmark Parkway, and if the City of San Bernardino is going to be the first to do this, then it will receive the majority of these individuals. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to December 3, 2007. Note: No vote was taken. 18 11119/2007 Council Member/Commissioner McCammack made a substitute motion, seconded by Council Member/Commissioner Kelley, that the matter be approved for the purpose of discussion. Council Member/Commissioner Kelley asked if this type of facility could be opened in areas such as Hallmark Parkway. City Attorney Penman stated that the program and the funding that is available is new. He stated that he felt that the proposal to allow them in non-residential and non-commercial areas, except commercial-heavy, would mean commercial-heavy, industrial and industrial-light. There is a lot of vacant land between Redlands and San Bernardino. There is also a lot of land zoned industrial, industrial-light and some commercial-heavy, but not much. He stated that these homes need to be secure. He stated that the Council should have the last word on the CUP because there are areas in the City that are zoned industrial and industrial-light and commercial-heavy where you would not want these places such as the Hallmark Parkway area. Council Member/Commissioner Kelley asked if there were any other cities that have something similar to this. Mr. Penman stated that the proposal is relatively new and he did not believe there were any. Council Member/Commissioner McCammack stated that Police Chief Bueerman of the City of Redlands is of the firm belief that if cities don't join together and do something, the State will do something for us. She stated that they would have no local control at that point, and the longer they wait to regulate parolee group housing in residential neighborhoods, the more these homes will pop up under the radar screen. She reminded her colleagues that this would mean a Conditional Use Permit process that would require Council action for every single case. The motion to approve failed by the following vote: Ayes: Council Member/ Commissioner McCammack. Nays: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Absent: None. 19 11/ 19/2007 -~ The original motion made by Council Member/Commissioner Baxter, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/Commission meeting of December 3, 2007, carried by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Johnson. Nays: Council Members/Commissioners Derry, Kelley, McCammack. Absent: None. 30. Item Deleted 31. Operation Phoenix Budget Mayor/Chairman Morris stated that in June the Council asked the Mayor's Office and City staff to look at the possible expansion of Operation Phoenix to five separate at-risk zones of the City and noted that there has been a lot of time and energy expended in identifying resources sufficient to address these issues. He asked Kent Paxton from his office to outline the history and present the proposed expansion of Operation Phoenix to the Council. Mr. Paxton stated that this item is to approve the expansion of the Operation Phoenix Neighborhood Initiative, authorizing the execution of a Memorandum of Understanding with the County of San Bernardino in support of the Operation Phoenix expansion to the Arden Guthrie area, and authorizing the Director of Finance to amend the FY 2007/08 adopted budget to reflect the cost of expanding the Operation Phoenix Neighborhood Initiative for the remainder of FY 2007/08. He stated that after five months of extensive deliberations between the Mayor's Office and City staff looking at the critical elements for success, progranuning needs and the availability of resources for the five target areas identified by the Council, it was determined that adequate resources do not exist at this time to expand to all five areas. He stated that what was before the Council was a basic program structure outlined in the staff report and initial resource allocation recommendations for three of the five areas: Central Area (one mile circumference around Wabash and Sierra); Western Area (one mile circumference around 16th and California); and Eastern Area (one mile circumference around Sterling and Highland). Mr. Paxton stated that due to limitations on available funding, expansion of Operation Phoenix into two additional focus areas is not immediately possible. He stated that as described in the staff report, the total estimated cost to continue and expand Operation Phoenix through the end of FY 2007/08 is $518,900. He stated that staff is continuing to work on developing a budget and program elements for the northern and southern Operation Phoenix target areas. To date, staff has identified two possible funding sources which the Council may wish to 20 11/19/2007 consider for this expansion: (1) undesignated Measure Z funding for FY 2007/08; and (2) undesignated FY 2006/07 General Fund dollars. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Common Council approve the expansion of the Operation Phoenix Neighborhood Initiative as proposed in the staff report, and to authorize the City Manager to execute the proposed Memorandum of Understanding with the County of San Bernardino as attached, subject to review and approval by the City Attorney; and that the Director of Finance be authorized to amend the FY 2007/2008 adopted budget (both expenditures and revenues) as outlined in the staff report to reflect the $518,900 cost to expand the Operation Phoenix Neighborhood Initiative for the remainder of FY 2007/2008, and to reflect the associated revenue reimbursement of $388,900 ($98,000 from the County and $290,900 from EDA) to be received. (Note: The vote was taken following extensive discussion. See page 25) Evelyn Lockett, 1779 Home Avenue, San Bernardino, CA, representing ACORN, stated that Home Avenue has been the scene of slayings of two young people in recent months. She asked that the Council help clean up the Sixth Ward by bringing Operation Phoenix to their community since it has proven to be a success in another area of the City. She stated that she believed a greater police presence and response, more intervention measures, and increased pride in the appearance of the neighborhoods would bring about a positive change. Dan Nackennan, Executive Director, San Bernardino County Housing Authority, 715 E. Brier, San Bernardino, CA, stated that they supported this item. They house over 32,000 low income residents throughout San Bernardino County and they also develop or acquire new housing communities. He stated that 99 percent of those 32,000 residents are law abiding citizens who happen to have lower incomes and almost 50 percent are seniors or are disabled. He stated that they are proud to have a reputation of zero tolerance for crime and blight, and they have been helped tremendously in those areas by City Code Enforcement, the Police Chief, the Mayor's Office, the City Attorney's Office, and housing and redevelopment leaders. Mr. Nackerman stated that at their two large complexes in San Bernardino they offer thriving programs such as Head Start, computer learning centers, after- school programs, financial management programs, forestry training, an anti-gang program, a health center and an educational development daycare center. He stated that the two new focus areas, as well as expansion of the existing Operation Phoenix, would encompass some of their housing developments; and they need the City's help and leadership. As a peripheral member of the Operation Phoenix team, they see firsthand on a street-by-street level how successful the program is. He stated that they stand ready to help. They have a budget of $99 million and 21 11/19/2007 they have 160 staff members and are willing to help both financially and with resources to expand this program. Sam Johnson, 1765 W. Virginia Street, San Bernardino, CA, representing ACORN and the Sixth Ward, stated that he has lived in San Bernardino for 29 years and he has seen many changes. He stated that he has seen San Bernardino go from the All American City it was in 1997 to the community it is today. He stated that for generations the youth of San Bernardino have not been given the guidance they need to become active, productive members of society. Too often young boys and girls get caught in a world of gangs and drugs because they have nothing else to do. School age children have few programs that teach them to read, dance or draw, and even less of a chance to learn to feel good about themselves. They are taught to believe too early that they face a hard future with little chance for success. So they are attracted to the gang-bang lifestyle, which at least offers them some acceptance. He stated that in order to change our youth, our efforts must start in the home. We must provide our youth with better options, especially at the junior high school level, where they are the most at risk. He stated that he believes that enacting Operation Phoenix on the west side represented a great opportunity to begin helping our youth and to provide them with alternatives. Linda Hart, P.O. Box 7354, San Bernardino, CA, encouraged the City Council to vote to implement Operation Phoenix with input from the community. Reverend Reginald Beamon, 1730 W. Gilbert Street, San Bernardino, CA, stated that he believes Operation Phoenix has several of the ingredients necessary to address some of the problems in the community. Joe Ortiz, 387 W. 25th Street, San Bernardino, CA, stated that he would like to ask the existing Operation Phoenix residents what they have been taught about defending themselves and their areas against criminal activity. He asked if they have been taught how, when, and who to ask for help in keeping up basic City services. He asked how they have been taught by Operation Phoenix to keep their children safe between the hours of 7 p.m. and 11 p.m. How many neighborhood watch groups are now active within their area and how many were set up by Operation Phoenix. He stated that if the residents have been taught the answers to all of these questions, then he commends the City for doing a good job. If they don't know the answers, then the $100,000 that has been spent there every month could have been going to non-profit churches and organizations City-wide. Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, asked how the City deals with those areas where they don't have jurisdiction. He asked how much money did the City plan on spending on this and what did it expect to accomplish. He stated that he believes some elements of Operation Phoenix are working, but 22 11119/2007 the City is going to have to get out of its strict suppression mode. He believes people should learn how to defend themselves and that expecting the government to take care of everything is a bad idea. Rev. Bronica Martindale stated that Operation Phoenix has proven its effectiveness and they know the community must be involved in the design process in order for it to truly be effective. She stated that she believes it will make a difference. Ryan Beal, a youth advocate and counselor, stressed the importance of church and family. Council Member/Commissioner Derry stated that his concern and the concerns of many of his constituents with the first Operation Phoenix program has been the allocation of resources from throughout the City into a few neighborhoods. He stated that he would like to see a resource allocation plan and the actual man hours being spent in the Operation Phoenix area compared to other areas of the City. Council Member/Commissioner Derry stated that another concern he has is with the allocation of $130,000 from Measure Z funds, which appears to be the exact amount that was supposed to go to the Police Activities League (PAL) program. He stated that he does not support the allocation of Measure Z funds directly because the public voted to use that money to put more police on the street. He suggested that they use the $650,000 left over from the FY 2006/07 budget. Council Member/Commissioner Derry stated that five Sheriff's deputies and a supervisor were committed to the proposed east side area of Operation Phoenix, which is the exact number of positions funded by the Indian Gaming Benefits Fund in that same area. He asked if this was a reshuffling of Indian gaming benefit resources from the areas that are supposed to be served, which are the areas directly around the casino, or are we actually getting six more Sheriffs deputies to service the unincorporated areas. Council Member/Commissioner McCammack had concerns about the spillover of crime to other areas of the City. Chief Billdt stated that crime displacement does occur, but is difficult to track. He stated that he believes the way to address it is by having the area commands and community policing model follow the crime patterns to see if there is a spike in crime. He stated that there has been a reduction in crime across the City over the last 18 months compared to the same period last year. He stated that Part I crimes are down substantially in the City, but there has been a slight increase this year with respect to property crimes. 23 11/19/2oo? Council Member/Commissioner Kelley asked why they are seeing this rise in crime in other areas and why weren't more resources allocated. Chief Billdt stated that when they did the study of crime transient patterns, the area had the highest incidents of young people and people on the street being murdered, it had a high density of people dealing drugs on the street, and it had a heavy influx of gang members intimidating the residents living there. It was the highest crime rate area of the City. Chief Billdt stated that through the community policing model they have allocated crime impact teams of district staff and specialized teams to work on some of the underlying crime problems in the California Gardens, Delmann Heights, and Arden Guthrie areas. Council Member/Commissioner Kelley stated that the solution is that we need more law enforcement personnel to protect the residents of this City. Chief Billdt stated that the Council has confused the PAL money with the anti- gang initiative money. He stated that the $130,000 Councilman Derry referred to was funded by Measure Z for anti-gang programming and the General Fund allocated approximately $80,000 for the PAL program. He stated that they believe using that $130,000 across the City in the areas that are prone to gang violence is a good idea, and the money that is included in the budget is for that purpose. He stated that in regards to the PAL program, he has been working with Kevin Hawkins and they had their fIrst PAL program at the Operation Phoenix Center at the Nazarene Church, and they have another program next week. Council Member/Commissioner Derry stated that his understanding was that it was supposed to be held at Delmann Heights. Chief Billdt stated that they have redirected those efforts to the Operation Phoenix Center. Council Member/Commissioner McCammack stated that the Council made a decision and gave staff direction that the PAL program would be funded from the General Fund and that it would be at De1mann Heights. She stated that the $130,000 anti-gang initiative was for additional officers on the street to fIght the gang problem. Chief Billdt stated that he didn't think he ever made a presentation to this Council with regard to using that $130,000 for additional officers. He stated that it was to be used in the development of a strategy for anti-gang initiatives. Mayor/Chairman Morris asked Mr. Paxton to address Mr. Derry's concern about the County's allocation of $500,000 to supply us with resources including six 24 11/19/2007 deputy Sheriffs and a sergeant as well as code enforcement resources in the island area of our east operation. Kent Paxton stated that those resources would actually be overtime by the Sheriffs office so there would be beefed up policing activities to complement our City activities in those unincorporated pockets. City Attorney Penman stated that he had a problem with the second part of Motion No.1, which reads: "authorizing the City Manager to execute the proposed Memorandum of Understanding with the County of San Bernardino as attached, subject to review and approval by the City Attorney." He stated that he had not read the document and could not give his approval to the City Manager to execute the MOU until he reviews it and brings it back before the Council. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Kelley, that the matter be continued to the Council/ Commissioner meeting of December 3, 2007. The motion failed by the following vote: Commissioners Derry, Kelley, McCammack. Commissioners Estrada, Baxter, Brinker, Johnson. Ayes: Nays: Absent: Council Council None. Members/ Members/ The original motion made by Council Member/Commissioner Estrada, seconded by Council Member/Commissioner Baxter, carried by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Johnson, McCammack. Nays: Council Member/Commissioner Derry. Abstentions: Council Member/Commissioner Kelley. Absent: None. COMMUNITY DEVELOPMENT COMMISSION Staff Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCarnmack; City Attorney Pemnan, City Clerk Clark, Economic Development Agency Deputy Director Gee and Special Counsel Sabo. Absent: None. R32. Award of demolition contract to Dakeno, Inc., for City/Agency Properties _ (Central City East Redevelopment Project Area) RES. CDC/2007-31 - 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 demolition contract by and between the Agency and Dakeno, Inc., for the demolition of City/Agency properties located at 547, 555, 561 and 567 North Sierra Way, San Bernardino (Central City East Redevelopment Project Area). 25 11119/2007 Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that the Mayor and Common Council of the City of San Bernardino consent to and authorize the demolition of the City property located at 547 and 555 North Sierra Way, San Bernardino, in accordance with the Demolition Contract by and between the Redevelopment Agency of the City of San Bernardino ("Agency") and Dakeno, Inc. (Central City East Redevelopment Project Area); and that said Community Development Commission resolution be adopted. The motion carried and Resolution No. CDC/2oo7-31 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: Council Member/Commissioner McCammack. Absent: None. 33. City Charter Section 34 - Powers of the Common Council Mayor/Chairman Morris stated that this is a proposal to approve a code of conduct that defines "disorderly or contemptuous behavior" and clarifies "rules for your own proceedings". Council Member/Commissioner Brinker stated that he brought this matter forward because last year when he was running for office there was a lot of talk about some of the issues here at City Hall and the way people interact with each other. He stated that he felt they could do better as a Council. He stated that they have the ability to create rules and they have some that have been created over time, but these rules did not clearly define what that code of conduct should be and were lacking a process by which they could hold themselves accountable. Council Member/Commissioner Brinker presented his "Code of Conduct" to the members of the Council. He stated that in putting this forward his hope is that they would never have to use it. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Johnson, that "disorderly and contemptuous behavior" be defined as any violation of the proposed code of conduct by an elected representative of the City of San Bernardino or staff during an open or closed session of a regular or special meeting of the Mayor and Common Council; and that the following process be established for enforcing violations of the Code of Conduct. A motion to correct conduct requires two seconds; the maker of the motion must state the specific violation of the Code of Conduct; debate is allowable and the motion passes with a 5/7 vote. If the motion passes, the following fmes will be administered: First offense - $50 fine; second offense _ $100 fme; third offense - $250 fine; and all subsequent offenses - $250 fine for each violation. 26 1J/19/2007 City Attorney Penman advised that the proposed code of conduct would violate the First Amendment to the United States Constitution; Article 1, Section 2 of the State Constitution; and Sections 30 and 34 of the City Charter. Council Member/Commissioner Brinker stated that if the existing Code of Conduct is truly unconstitutional, it really should not be included in the Charter and they should have it expunged. Council Member/Commissioner Brinker withdrew his motion and Council Member/Commissioner Johnson withdrew his second. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the matter be tabled. The motion carried by the following vote: Ayes: Council Members/ Commissioners Baxter, Brinker, Derry, Kelley, McCammack. Nays: Council Member/Commissioner Johnson. Absent: Council Member/Commissioner Estrada. 34. Public Comments Ralph Valenzuela, 161 E. 48th Street, San Bernardino, CA, labor relations representative for the Southern California District Council of Laborers, voiced his concerns about work that is being done by Precision Concrete Cutting at 40th and Sierra. He stated that they are finding that the lowest bidder is not always the best qualified, responsible bidder. Dan Walker, 1340 Date, San Bernardino, CA, spoke about illegal search and seizure practices by Code Compliance officers under the guise of safety . Linda Voorhees, 3404 Rainbow Lane, Highland, CA, requested that the Council help them regain their neighborhoods from gangs. Cynthia Fields, 1659 Dumbarton Avenue, San Bernardino, CA, stated that she wants to see the community, from the west side to the east side, come together as a whole and fight to get their neighborhoods back. Joe Ortiz, 387 W. 25th Street, San Bernardino, CA, spoke about a shooting that occurred over the weekend. Judith Edwards-Jones, 1135 N. Medical Center Drive, San Bernardino, CA, stated that it was her nephew that got shot over the weekend. She asked if the Mayor and Council could assure her that she would receive a fair and impartial investigation into this matter. 27 11/19/2007 Margaret Hill, 3361 E. Lynwood Drive, Highland, CA, suggested that the Council Members consider honoring one student from their respective wards at each Council meeting. Anthony Garaed, 966 N. Crescent Avenue, San Bernardino, CA, stated that we need to take the streets back from the homeless and the taggers. Joe Ramirez, 6984 N. Little League Drive, San Bernardino, CA, stated that he reported a dead dog near an elementary school that had been there for over a week. Mr. Ramirez also reported that there were eight street light poles down between Fifth and 21 $I Streets. Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke about the results of the recent election and the medical marijuana issue. 35. Adjournment At 7:56 p.m., the meeting adjourned to 4 p.m., Monday, November 26, 2007, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California, for a parolee workshop. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, December 3, 2007, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RACHEL G. CLARK City Clerk BY~~A ..Jat.~/A~1 . Linda Sutherland Deputy City Clerk No. of Items: 35 No. of Hours: 6.5 28 11/19/2007 r CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Palrid: J. Morris Council Members: Esther EsrradD De1lTlis J. Baxter Tobin Brinker Neil Derry Chas Kelley RiJdce VIl1l Johnson Wendy McComnwck - MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT ADJOURNED REGULAR MEETING DECEMBER 18, 2007 MANAGEMENT INFORMATION CENTER SIXTH FLOOR, CITY HALL The joint adjourned regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor/Chairman Morris at 3:14 p.m., Tuesday, December 18, 2007, in the Management Information Center, Sixth Floor, 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 Baxter, Derry, Kelley, Johnson, McCammack; Senior Assistant City Attorney Roth, City Clerk Clark, City Manager Wilson. Absent: Council Members/Commissioners Estrada, Brinker. Council Member/Commissioner Brinker Arrived At 3:29 p.m., Council Member/Commissioner Brinker arrived at the Council/ Commission meeting. Council Member/Commissioner Estrada Arrived At 3:36 p.m., Council Member/Commissioner Estrada arrived at the Council/ Commission meeting. 12/18/2007 , 1. Briermg on State Legislative Issues - Senator Bob Dutton The following documents were distributed by Senator Dutton's staff: · Dutton Report Special: Governor to Declare Fiscal Emergency, dated 12/14/2007 · Dutton Report: December 2007 - Budget Deficit Now $14 Billion · Letter dated December 10, 2007, to Senator Michael Machado from Vincent P. Brown, Chief Deputy Director of the State Department of Finance, regarding Proposition 18 Local Streets and Roads Funding Senator Dutton began by stating that he wanted to make sure that he had a good understanding of what the priorities are here in San Bernardino, so that he can help the City as much as possible at the State level. The first item discussed was the governor's plans to declare a fiscal emergency when the Legislature reconvenes in January. Senator Dutton explained that Proposition 58 basically provides that the governor, at his discretion and with no real criteria other than the fact that he feels that there is a fiscal crisis, can call an emergency. This puts the Legislature into special session. He stated that the governor will give them a plan of how he's going to deal with the fiscal emergency. The Legislature can then consider the plan and send him a bill or series of bills to deal with the crisis-and they have 45 days to do that. If they do not send him a bill or a package of bills within 45 days, the Legislature is forbidden by law to actually entertain or pass any other legislation during that period of time-until they deal with the fiscal crisis everything else is placed on hold. He stated that bottom line, it has been determined that there is more than a $14 billion problem. Senator Dutton explained that this is not all in one year-it's spread over a two- year period. When the State talks about its budget deficits, it's over a current budget year, of which there are still six months left, and then they are talking about the next year. He stated that the way that breaks down, it's a $6 billion problem this year (of which $2 billion they have to take care of because they only have a $4 billion reserve) and it's $8 billion for next year. He stated that it is basically double what they thought they were going to have to deal with, and the governor has put everyone on notice that he's looking at taking a 10 percent cut overall. He stated that the budget for last year was $103 billion, so if they do a 10 percent cut, they are talking about a $10 billion reduction, which would be $5 billion this year and $10 billion next year for a total of $15 billion, which is about what it will take to make the changes. 2 12/18/2007 ( He stated that he was not sure just what this might mean to the City of San Bernardino; however, the preference would be that they are not going to touch local government. The Senator acknowledged that there is a procedure where they can borrow from the cities; however, he felt there would be real resistance about additional borrowing. He noted that there are now mechanisms in place, which did not exist in years past, where the money would have to be repaid. He pointed out that this is general fund money, but there are also special funds like the Proposition 'lB Finance and Transportation Bond-and he knew that the City of San Bernardino had $6.4 million coming out of that bond. He added that the Department of Finance hasn't responded as quickly as anticipated with regards to setting up the mechanism by which cities can obtain access to that money. However, the Department of Finance has said that possibly by January 15 they will have that mechanism in place. Council Member/Commissioner McCarnmack asked the Senator to watch out for those protectious in Proposition I A that were so great for the cities. Mayor/Chairman Morris inquired about the governor's new health care plan for California. Senator Dutton stated that the speaker pro tern has basically said that until they deal with the fiscal crisis, the health plan is a nonstarter-that basically the way it was structured was as another government program. He stated that he hadn't really done a detailed analysis, but it looked to him like they were trying to set something up similar to Workers' Comp with the State Fund. He stated that the plan called for a tax increase of 1-6 percent. However, he didn't think it was the right way to go because he didn't think turning it into a State-run program was going to solve the problem-that they can't even provide health care services to imnates, a service which has been taken over by the federal government. Senator Dutton stated that there is a prison crisis right now-that the prison budget has gone from 6 percent to 12 percent. He stated that if they are going to do rehabilitation, then they need to be doing rehabilitation; and the only way they can go down the path that the Legislature previously approved is if they get serious in developing partnerships with the cities, the counties, and the state and really take a look at how they're going to try to do a re-entry program and make it work. 3 12/18/2007 He stated that what has happened now with parole and probation both, they've put all this extra burden on these releases, yet they don't give them the tools in order to do anything with the inmates they are turning loose, and that is a formula for disaster. They are creating a real problem for the people that they are supposed to be protecting when they just turn them loose like that with inadequate supervision, no place to live, no type of employment opportunities, etc. Council Member/Commissioner McCammack asked what had happened to combining State Disability and health care; and the Senator stated that no one appears interested in doing this. Mayor/Chairman Morris mentioned the construction of a new courthouse in San Bernardino, noting that last year we were in the budget for $5 million for planning and acquisition costs and next year for $12 million for the actual plans for construction; and set to have a new courthouse by 2011. He asked Senator Dutton to protect us on this issue. Senator Dutton noted that bond issues for courts and jails have not done well, so there will have to be an allocated amount of money from the general fund for this. The Mayor asked the Senator to keep a watchful eye on this for the City. Council Member/Commissioner Kelley stated that this Mayor and Council had committed to hiring a firm to design a community center, and they have committed $6 million in the City's Capital Improvement Program for this purpose. He stated that given the fact that circumstances in Sacramento are what they are, the Mayor and Council were asking again today for any help that the Senator could steer their way-whether it be through park bond money or whatever else could be done to make sure that this happens. Senator Dutton stated that they didn't get the implementation language put together yet, but Proposition 1C has $400-500 million for intercity-type parks and facilities. That language hasn't been written yet, but they are on top of that and will continue to watch that. He stated that he has actually had the various department heads coming down here for a lot of different programs including the housing bond, and they have recently been talking to the park people. However, the Legislature has not yet done the legislation that will actually enable the money to be used. Mayor/Chairman Morris asked Senator Dutton how the City could help him do his job in a way that gives him a sense of accomplishment. 4 12/18/2007 Senator Dutton stated that the main thing is to keep the lines of conununication open-that his function is to help represent the City of San Bernardino to the State of California. He added that we need to make sure that we think of things on a city-wide or regional basis. 2. Adjournment Prior to adjourning, Mayor/Chairman Morris announced the appointment of Council Members Brinker, Johnson, and McCammack to the Mayor's Parolee Ad Hoc Committee. It was decided that the first meeting would be held the morning of January 3,2008, with the Mayor arranging the exact time. At 4:04 p.m., the meeting adjourned. The next joint regular meeting of the Mayor and Conunon Council/Conununity Development Conunission is scheduled for 1:30 p.m., Monday, January 7, 2008, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By: ~4~~ LindaE.Hmtrel Deputy City Clerk No. of Items: 2 No. of Hours: 1 5 12/18/2007