Recently in City Council politics Category

The City Council voted (surprise, surprise) 4 to 3 Monday to hire a new communications manager to work for City Manager Charles McNeely.

Council members Dennis Baxter, Tobin Brinker, Fred Shorett and Rikke Van Johnson voted to make the hire. Council members Esther Estrada, Chas Kelley and Wendy McCammack voted no.

The hire, revealed in the request of council action as Heather Gray, is scheduled to begin work Tuesday with a salary of $9,027 per month, subject to be cut 10 percent in accord with the city's across-the-board salary cuts.

How long the new hire gets to stay on the job could very well depend on the outcome of Tuesday's elections.

McNeely, hired on the recommendation of Mayor Pat Morris, has said the new position is vital to get the word out on San Bernardino and plans to pay Gray's salary without using the general fund. Nevertheless, mayoral candidate City Attorney James F. Penman has said the position is a poor use of city funds and has pledged to axe the job from the payroll if he wins.

Andrew Edwards
Staff Writer

SAN BERNARDINO - City Councilwoman Esther Estrada publicly accused the developers of a senior housing complex with offering her and three other council members "whatever you want" in exchange for votes.

"We were offered a bribe," Estrada said at the close of a candidate forum this week before Home of Neighborly Service.

Jasmine Borrego, president of Telacu Residential Management, which is developing the housing project, said there are no facts to support allegations of bribery.

"This is a project that no one can say is a bad one," Borrego said.

Estrada said Thursday that she has not reported her suspicions to the District Attorney's Office because Mayor Pat Morris, a former judge, didn't seem alarmed when she previously voiced concerns during the June 1 council meeting.

Estrada is running for reelection against Virginia Marquez, a retired parole agent and part-time aide to U.S. Rep. Joe Baca, D-San Bernardino.

The contest will determine who represents San Bernardino's 1st Ward, an area that includes downtown, part of the Westside and the San Bernardino International Airport site.

Estrada said that Baca's support for Marquez is retaliation for her opposition to Telacu.

Baca donated $1,000 to Marquez's campaign on Sept. 30. He and Marquez said Estrada is wrong in claiming the congressman recruited Marquez to oust Estrada.

"I'm my own person. I make my own decisions ... he (Baca) has mentored me but he has not made it a point to run against my opponent," Marquez said.

Estrada also asserted that Baca threatened the city's federal funding over Telacu's project. She cited a Jan. 30, 2008 letter that Baca sent to the mayor.

In the letter, Baca wrote that "...in the event the City decides that this project is not within its best interests to continue, there may be issues that affect the city in receiving federal funds, such as future grants for housing of this type, or block grant funds."

Baca said the letter was not a threat, but an effort to communicate that City Hall could risk its ability to apply for federal dollars if the council killed a project after asking Uncle Sam for assistance.

Baca also said he has no reason to believe Telacu would stoop to illegalities.

"I don't think Telacu would bribe anybody. They know the law," he said.

Telacu-connected donors, as a group, are the 10th most generous supporters of Baca's campaigns for federal office, donating nearly $50,000.

Baca said he considers Telacu to be a quality organization and that he has received support from many developers during his career.

"Just because they're supporting me, it doesn't mean they are going to get something in return," Baca said.

The City Council voted June 1 to approve the senior housing project.

The plan calls for an $11.2 grant from the U.S. Housing and Urban Development Department to build and maintain a 75-unit, senior living complex near the corner of 4th and G streets.

Estrada said Telacu also attempted to finagle votes from council members Dennis Baxter, Rikke Van Johnson and Wendy McCammack.

Johnson and Baxter said they did not believe there was any bribery attempt.

"He (a Telacu employee) asked just simply if I needed any more information," Baxter said. "I never, never got the impression that I was being offered a bribe."

Only McCammack said she also suspected an attempt to suborn her vote.

"That became an obvious and a very easy 'no' vote," McCammack said.

It's just not a San Bernardino City Council meeting if the town's elected officials don't get to raise their voices.

It's also not a San Bernardino City Council meeting if there's not a quorum, but more on that later.

Monday's contretemps, or fight, as most people would say, started when Seventh Ward Councilwoman Wendy McCammack attempted to correct what she described as inaccuracies in a mailer sent out by Mayor Pat Morris' reelection campaign.

The mailer referred to the City Council's approval of a major redevelopment plan on the city's eastside. In July, the council voted 4-3 to approve a plan that calls for the rehabilitation of 100 apartments along Sunrise Lane and 19th Streets, which cross Arden and Guthrie avenues. In compliance with federal law, the apartments are slated to leased to low-income tenants.

The mailer in question stated that "political campaign lies" have clouded the redevelopment issue and further stated that City Attorney James F. Penman - Morris' campaign rival - "is trying to scare the voters" by caiming that housing will be built on the Arden Guthrie site.

"When I received this flyer that said there will be no housing at the Arden Guthrie site, I thought I was going crazy," McCammack said.

The Arden Guthrie site, according to the Morris camp, is a separate piece of land nearby the 19th and Sunrise area where San Bernardino officials have said they are negotiating to bring in a Home Depot. Apartments in the Arden Guthries, which earned a bad reputation well before this reporter's arrival to San Bernardino

As interpreted by McCammack, there is no real distinction between the "Arden Guthrie site" and the 19th and Sunrise area. The areas, or area, depending on who was talking, are right next to each other.

McCammack's comments angered the mayor, who quickly accused her of electioneering on behalf of Penman.

Their exchange began:

Morris: Mrs. McCammack, you are now launching into a political speech.

McCammack: You may think so.

Morris: Well, I do think so.

McCammack: This is city business.

Morris: Clearly, you are now engaged in a political speech.

McCammack: Did we or did we not approve this?

(McCammack then asks the camera to zoom in while she shows related documents.)

Morris: Mrs. McCammack, You are using a time for civic announcements -

McCammack: I want the public to not be duped.

Morris: - for a political speech on behalf of your candidate and I think that is entirely inappropriate.

McCammack: I have not mentioned any candidate.

Morris: This is an issue that is -

McCammack: You mailed out something thing that was mailed to every voter in this city, and it was incorrect, and I need to correct it.

Morris (Sharply): It is not incorrect, it is precisely correct ...

The mayor and the councilwoman representing the 7th Ward continued their argument which included McCammack asking Morris if he was "trying to cover something up" until four councilmen left the dais, depriving the meeting of a quorum.

The councilmen, Dennis Baxter, Tobin Brinker, Fred Shorett and Rikke Van Johnson comprise the quartet that frequently votes with Morris on major issues.

The meeting stalled while the councilmen were absent. Morris and McCammack briefly continued their argument before the meeting went on.

Morris: Are you through, Mrs. McCammack?

McCammack: I wasn't through, but you know what? I don't want to argue with you here, because you're really making a fool out of yourself.

Morris: Thank you, very much.

Interestingly enough, Morris referred to the council's recent discussion of the propriety of political speech at the dais. Fifth Ward Councilman Chas Kelley had sought to get his colleagues to adopt a ban on speechifying from the dais but the council rejected that idea.

The 19th and Sunrise project has been covered previously on SB Now. Morris and San Bernardino EDA officials say the project will revitalize the eastside, as 144 apartments near the 100 slated for rehabilitation are set to be destroyed. Morris has called the area a third world village that needs to have the majority of its four-plexes removed in favor of single family homes and senior housing.

Penman and McCammack, whose ward includes the 19th and Sunrise area, have contended that federal low income requirements will doom the area to future inhabitation by parolees and shady characters. Their concerns have not been allayed by the plan's provisions to hire a nonprofit property manager and consolidate parcels in an attempt to prevent any future piecemeal purchases by absentee landlords.

Note: As some attendees at Monday's meeting observed, this reporter did not attend the portion of the meeting during which Morris and McCammack battled. I was able to view a recording of the meeting posted by Fourth Ward council candidate Joe Arnett on his Web site, so I need to acknowledge that.

By Andrew Edwards
Staff Writer

SAN BERNARDINO -- The City Council on Monday retracted its demand that a local church ban sex offenders or lose its ability to collect money that helps pay for a city youth facility.

The council voted 5 to 2 -- after more than two hours of public comment -- to rescind its ultimatum and apologize to Master's Plan Church of the Nazarene, formerly known as First Church of the Nazarene.

The council's move reverses action the body took on Sept. 26 21 after a still unknown party distributed a confidential Police Department memo that a registered sex offender had performed work for a contractor at the church.

Master's Plan Church hosts San Bernardino's central Operation Phoenix youth center as well as SOAR Charter Academy and Valley Christian Pre-school. In the memo, Police Chief Keith Kilmer reported investigators' view that the sex offender's presence was not illegal.

The council reacted to the memo's revelations by voting Sept. 26 21 to demand that Master's Plan Church prohibit sex offenders from property the city pays money to use or to relocate the youth center.

On Sept. 27 22, Penman sent his office's investigators to the church pass out notification flyers warning of a sex offender's presence.

David Rhone, pastor of Master's Plan Church, considered the city's demand to be an affront to his and his congregation's First Amendment rights to minister to whomever they choose.
"Our church has been slandered and our people maligned," Rhone said to the council on Monday.

"I am commanded to forgive you, and I do," he added.

Rhone has also said the sex offender left San Bernardino before Penman's investigators passed out the flyers.

Dozens of other clergy and parishioners joined Rhone to insist that city officials reverse course.

"We will not comply with the outrageous demand that those who come on to our properties or into our sanctuaries submit to background checks before doing so," said Pastor Joshua Beckley of Ecclesia Christian Fellowship said.

Beckley read from a statement bearing the names of more than 50 local religious leaders or churches. Beckley also said local clergy recognize moral and legal duties to protect children.
Most speakers supported Rhone and his allies, but not all.

"If he (the sex offender) wants to go to church, that's fine and dandy. But not with a school. That doesn't fly with me," said Paul Sanborn, one of speakers who rose to support the city's original stance.

Penman refused to apologize for sending investigators to the church with notification flyers.
He also said that if he had served on the council, he would not have supported the ultimatum, saying further that he does not think Master's Plan Church should have accepted city money to host the youth center.

"You have accepted Caesar's law and Caesar's rule," Penman said after quoting a passage in the Gospel of Matthew in which Jesus Christ instructs believers to render unto Caesar what is Caesar's and unto God that which is God's.

Councilman Rikke Van Johnson made the formal request for the rescind the ultimatum. Council members Esther Estrada, Dennis Baxter, Tobin Brinker and Fred Shorett supported his move while council members Chas Kelley and Wendy McCammack did not.

Johnson and Baxter were not present for the Sept. 26 21 vote. Brinker and Shorett switched their positions.

"I'm not comfortable with the vote I said last meeting," said Brinker.

Brinker also said he did not want to rush to a vote on McCammack's proposal that would require background checks on all contractors or volunteers who work at facilities subsidized by city tax dollars.

The council also voted Monday to have its legislative committee discuss issues related to such background checks and when the council should be notified of investigations pertaining to sex offenders around city programs.

Andrew Edwards
Staff Writer

SAN BERNARDINO - The pastor of a church presented with a demand to ban sex offenders or lose "rent" from a city youth center expects vocal support at Monday's City Council meeting.

Pastor David Rhone of First Church of the Nazarene said Friday that 60 local ministers are set to ask congregates to support his church when the council considers rescinding the ultimatum.

"Several of us will be speaking," Rhone said. First Church of the Nazarene, which hosts San Bernardino's central Operation Phoenix youth center and other children's facilities, is at the center of a controversy involving matters of religious freedom and government's duty to protect its youngest citizens.

The dispute also fuels election season antagonism between City Attorney James F. Penman - who is running for mayor - and incumbent Pat Morris.

The Morris Administration calls its anti-crime programs Operation Phoenix. New youth centers are one of the higher profile efforts.

Penman views plans to rally church members as a "media event" staged by clergy who support Morris' re-election effort.

"The congregation members don't know that they're being used for a political event," Penman said.

The council made the ultimatum Sept. 21 with a 5-0 vote. Councilman Rikke Van Johnson, who wants to retract the demand, was not present for that meeting.

The body delivered its ultimatum the night council members learned through a leaked memo that a sex offender had performed work at the church.

The memo, signed by Police Chief Keith Kilmer and labeled confidential, reported to City Manager Charles McNeely's office that police checked out the reported presence of a registered sex offender near the Operation Phoenix center.

Kilmer's memo concluded the offender's presence was not a crime nor an immediate threat to children. Penman disagreed and sent his own investigators to the church with flyers warning of a sex offender's presence.

He said the day marked the third time his office had notified the public regarding a sex offender and was the first time he took this action during election season.

Rhone has said the man had since moved away from San Bernardino and no longer worked nor attending religious services at the church. The pastor also said his church has a right to reach out to anyone.

"No government agency is going to tell me to whom I can minister," he said. "If that means no Operation Phoenix, then `see ya."'

But Rhone doesn't want to send away the Operation Phoenix center and feels an obligation to the program. The nonprofit Operation Phoenix Foundation, he said, provided more than $200,000 in private donations to convert an old parish hall into a gym.

He said the city does not actually pay rent but chips in 30 percent of utilities costs to cover the youth center's usage.

Rhone said the center has already generated its share of heartburn for the church. The center's former manager, Mike Miller, was arrested in July 2008 on suspicion of child molestation. He has pleaded not guilty.

City police are investigating how the memo got leaked. Morris referred questions on new developments to Kilmer, who confirmed that police are investigating a report that the document was stolen at City Hall.

Kilmer would not comment on details. Penman said his own office's investigation concluded no actual theft took place.

"Somebody left it (the memo) where they shouldn't have left it and it was a very public place," he said.

Penman's office generated the warning flyers while the Sept. 21 meeting was in progress.

He would not say Friday if his staffers had the memo before it was distributed to the council, but predicted more political fallout at City Hall.

"I have no comment on that right now. I'll wait until the PD finishes its investigation, then we'll let all the embarrassing details come," he said.

Councilman Rikke Van Johnson has submitted a request for the council to rescind its Sept. 1 21 demand that First Church of the Nazarene, home of the city's flagship Operation Phoenix youth center - ban sex offenders from its premises.

The issue is scheduled to be discussed during Monday's City Council meeting. Johnson expects the public to fill the council chambers.

"I expect to have the largest crowd we've ever had at City Hall," he said.

The council voted 5-0 to make the ultimatum after the body received a leaked memo from the Police Department. The memo reported that police had investigated the circumstances of a registered sex offender who performed work on church grounds. Police determined that the man's presence was neither a crime nor a threat to children at the youth center or schools on the church site.

First Church of the Nazarene's pastor, David Rhone, has said the man is a former member of the church but has since moved out of San Bernardino.

Johnson, who was not present when the council voted Sept. 21, said he thinks the council overreacted in issuing the ultimatum.

"We made a decision that I think was crossing the line between church and state," Johnson said.

Councilwoman Wendy McCammack asked her colleagues to support the ultimatum at the Sept. 21 meeting and has said the demand is not a way for government to try to run a church but was intended to protect children using a city facility.

This is not the first time issues surrounding a sex offender have generated controversy at this particular Operation Phoenix center.

The center at First Church of the Nazarene was managed by Mike Miller until Miller's arrest in July 2008 on suspicion of child molestation. Miller has pleaded not guilty.

By Andrew Edwards
Staff Writer

SAN BERNARDINO -- Responding to a demand that First Church of the Nazarene ban registered sex offenders or to stop receiving city money to host a youth facility there, the church's pastor contended the ultimatum is an unconstitutional violation of his religious freedom.

"I cannot think of anything more antithetical or repugnant to the fundamental values upon which our nation was founded -- freedom of religion, freedom to worship God without interference from the government, freedom to practice Christianity without oppression," Pastor David Rhone wrote Tuesday in a letter to Mayor Pat Morris and the council.

The controversy follows Monday's revelation -- through the leak of a confidential memo -- that a man convicted of incest and lewd and lascivious conduct with a person younger than 14 performed work at the First Church of the Nazarene.

A police investigation determined that the man's presence at the church did not present a danger to children or that any new crimes were committed.

Nevertheless, the issue is sensitive not only because San Bernardino is in the middle of election season, but because the church hosts San Bernardino's flagship Operation Phoenix youth center. That center was managed by Mike Miller until Miller's arrest in July 2008 on suspicion of child molestation.

Miller has pleaded not guilty and is incarcerated while awaiting trial.

The church also hosts SOAR Charter Academy and Valley Christian Pre-school.

Rhone said Tuesday that he would rather sever the church's relationship with the city than let the government decide who can attend services, but he does not expect that to come to pass.
Instead, he expects the council to take back its demand and apologize.

"They've got to reconsider because what they've asked us to do is unlawful," Rhone said.

But City Attorney James F. Penman, whose investigators spent Tuesday passing out fliers reporting a sex offender had performed work at the church, says the council was within its rights to make demands of Rhone's church.

The city attorney said the council did not take over the church's decisions on which sinners can be preached to. Penman maintained the demand is meant to protect children participating in a city-run program and is a condition on partnering with the city.

Penman also thinks Rhone was irresponsible in allowing a known sex offender to perform work near children's facilities.

"There's an old saying that comes out of the Bible: 'Who is without sin can cast the first stone. I don't think Pastor Rhone is a position to cast stones."

For his part, Rhone sees Penman's actions as electoral politics. Penman is challenging incumbent Mayor Pat Morris for the city's top job.

Police Chief Keith Kilmer said Tuesday the mere presence of a registered sex offender in an area does not mandate public notification.

"The threshold is when someone poses a risk to public safety and that would be based on circumstances that are happening, (such as) if someone is hanging around a school and they have no business there," Kilmer said.

Despite the Police Department view that children were not threatened while on church property, all five council members who were present Monday night voted to present First Church of the Nazarene with the ultimatum.

City Councilwoman Wendy McCammack, who recommended the ultimatum to her colleagues, said Tuesday she's not afraid of any legal challenge.

"If it's unconstitutional, then I guess he can sue us," she said. "We have a Constitutional responsibility, local, state and federal, to keep city participants safe."

SOAR issued a statement Tuesday reporting that school officials did not know a sex offender had worked on church property until being notified by the San Bernardino County Sheriff's Department.

SOAR also reported the man had no contact with school children. Kristin Kraus, one of the school's co-founders and its assistant director, said that contrary to what was reported in the leaked memo, the man never picked up a girlfriend's child from the campus.

"I don't know what to say about that except that it never happened," she said.

Another point of dispute is whether the mayor or anyone working for him should have notified the council. Penman and McCammack say the council needed to know of the situation, a view expressed by other council members at Monday's meeting.

The leaked memo reports that mayoral aide Kent Paxton told police a sex offender was working on church property on Aug. 26.

Paxton said Tuesday that he called police the same day SOAR administration informed him that the sheriff's department inquired about the sex offender's presence.

As to the question of why the Mayor's Office did not notify the council, mayoral chief of staff Jim Morris said the mayor chose to let the investigation remain a confidential matter for police and Child Protective Services.

"It's up to them to decide where and when to share (information), Jim Morris said.

Andrew Edwards
Staff Writer

SAN BERNARDINO - The City Council voted late Monday night to send an ultimatum to a local church that hosts an Operation Phoenix youth center after council members received a leaked memo reporting that a registered sex offender had performed work on the premises.

The council voted 5-0, following the recommendation of Councilwoman Wendy McCammack, to inform the leadership of First Church of the Nazarene that City Hall will stop paying rent to lease space at the church's campus unless the congregation agrees to never allow any registered sex offenders to set foot on the facility.

Council members Esther Estrada, Tobin Brinker, Fred Shorett and Chas Kelley voted in favor of McCammack's plan. Council members Dennis Baxter and Rikke Van Johnson were reportedly ill and not present at the meeting.

Representatives from First Church of the Nazarene were not present at the meeting to respond.

The unknown party who made a confidential memo into a public concern did so as little more than a month remains before the Nov. 3 city elections.

The sex offender issue arose Monday after an unknown party delivered a confidential memo to each council member's place on the dais. The document was set out before the start of Monday's council meeting.

The document, written by Police Chief Keith Kilmer, reported that a registered sex offender had performed work at the church, which is home to three children's facilities, including city's first Operation Phoenix recreational center.

The council began discussion of the memo when Kelley called attention to the document around the meeting's start. The council then voted unanimously to put the issue on the agenda as a late-breaking item and McCammack read the full text of the memo at the dais.

The council then conducted its meeting as scheduled and did not resume discussing the sex offender issue until after 8:30 p.m.

Kilmer's memo reports that the Police Department learned from the Mayor's Office on Aug. 26 that a registered sex offender had performed work at First Church of the Nazarene, which hosts the central Operation Phoenix center, SOAR Charter Academy and Valley Christian Preschool.

The police investigation determined that the church's pastor knew the worker, who has attended Sunday services and volunteered for the church, was a sex offender.

The man was not a church employee, but has worked for a contractor who took jobs at First Church of the Nazarene. According to the memo, the sex offender "worked largely" on weekends and that arrangements were made so that the sex offender worked away from and did not have access to children's facilities.

The sex offender also picked up his girlfriend's daughter from SOAR, according to the memo.

"At this point it appears that because (the sex offender) was acting as a parent when he visited the school to pick up his girlfriend's daughter, and because the work he conducted at the facility was done at the request of the church, (the sex offender) is compliant with state and local law," Kilmer's memo concludes.

Kilmer told the council during Monday's proceedings that the memo was not prepared for council review and that investigators thus far have found "no detectable criminal offense."

Police Lt. Dan Keil, who also addressed the council Monday, reported that the sex offender had no outstanding warrants and that the report of his employment originated in a dispute between ex-spouses.

An ex-husband, Keil said, contacted authorities and reported that the sex offender was in contact with children being cared for by his ex-wife.

Law enforcement officials have not found evidence, Keil said, to conclude that any criminal activity stemmed from the sex offender's relationship with the reporting party's ex-wife.

Keil also said the sex offender no longer has a relationship with the unnamed ex-wife, has moved to a new address and is not working on the church premises.

Although City Attorney James F. Penman said he was satisfied that the police investigation found no reason to launch a new prosecution, he also said he was concerned that the city could be exposed to liability if the man had attacked a child after San Bernardino officials knew that the sex offender had been present near a city-operated youth facility.

Penman said that he would send investigators to the children's facilities at the church on Tuesday morning to notify parents that a registered sex offender had worked at the location.

The city attorney said he had no knowledge prior to Monday's meeting that a sex offender was allowed to work near the Operation Phoenix youth center.

Before the conclusion of Monday's meeting, his office produced a flier showing the sex offender's face and reporting that the man has been convicted of incest and lewd and lascivious acts with a child under 14 years old.

Kilmer emphasized that the decision to notify the community of a sex offender's presence is a sensitive matter and in this case, not mandated by law. Penman, however, said his office has authority to provide notification on its own initiative.

Penman also noted that the Operation Phoenix center near the church has "a history," as it is the same youth facility that Mike Miller managed until Miller was arrested on suspicion of child molestation in July 2008.

Miller has pleaded not guilty and is awaiting trial.

The city's parks chief, Kevin Hawkins, dealt with the fallout from the Miller scandal and told the council that he was satisfied with the police investigation and has no reason to believe that children were at risk because a sex offender performed work on the church campus.

"I think our department is uniquely sensitive ... given what we went through last year," Hawkins said.

"If there was any threat, I would tell you. You know I would tell you," he added.

Before casting votes, council members said that they consider the issues raised in the memo to have been important enough to have prompted city leadership to have notified them that police were investigation issues near the Operation Phoenix center.

"I can't urge you enough that in the future, let's communicate a little better," Kelley said.

Councilman Chas Kelley was unable on Tuesday to gain any support for his proposal to ban political statements from the dais.

Kelley wanted to put language on the books to prevent council members, other city elected officials and the city manager from making statements from the dais in support or opposition to any political candidate or ballot measure. His proposal would have continued to allow those same officials to hurl their political pitches at the podium reserved for the general public.

City Attorney James F. Penman did just that during Tuesday's City Council meeting when he asked voters to support his candidacy for mayor from behind the public's podium. Mayor Pat Morris, who is seeking reelection, did not stump during Tuesday's meeting.

Kelley maintained that political statements from the dais are a waste of the taxpayers' money.

Councilman Rikke Van Johnson responded that the council should police itself, and Councilman Tobin Brinker said the proposal would be difficult to enforce in practice, as its common for somewhat subtle political messages to sneak into the council's debates on any given issue.

The City Clerk's Office has confirmed that after this reporter left Monday's City Council meeting to file a budget story by the night's deadline, Councilman Dennis Baxter changed his vote on the budget.

So now the city has a budget, passed by yet another 4-3 vote.

The City Council voted Monday night to halt a process that would have had the planning commission hold a hearing on proposed homeless shelter that would have been established at 673 South Waterman Avenue.

The shelter is being pursued by an organization called Human Potential Consultants. HPC and the city have engaged in a prolonged and controversial process to figure out where a shelter can be located. The talks have been conducted under the shadow of a state law that officials have said requires San Bernardino to establish a shelter somewhere.

Next up for the city is to consider HPC's application to establish a shelter at 840 North Sierra Way. That location drew community objections because of its proximity to another facility that serves domestic violence victims.

HPC had agreed to appeal the council's rejection of that location pending the consideration of alternative sites. The council's rejection of the Waterman Avenue option puts Sierra Way back on the table. The issue is set to return to the council during its scheduled Sept. 21 meeting.

The homeless shelter proposal was at the center of the most recent public disagreement between Mayor Pat Morris and City Attorney James F. Penman. There was no mention of the controversy during Monday's proceedings.

Penman said in late July that HPC representatives complained of an alleged conflict of interest on the mayor's part. Penman said that HPC was worried that the mayor's daughter was interfering with their project since HPC was interested in a third location near a spot where the mayor's daughter wanted to set up a gymnastics school.

The issue got thornier when HPC denied ever making a complaint against the mayor, although HPC affirmed that they did bring concerns to Penman's office.

Penman has said that he has asked the state Attorney General's office to review the situation to see if a potential conflict exists. Penman has also said that he does not plan to revisit the controversy until getting word from the AG's office.

Morris responded that under state law, there could be no conflict since his daughter is not a dependent child. He furthermore said that his office's only interaction with his daughter was to ask her abandon her interests in that location.

By Andrew Edwards
Staff Writer

SAN BERNARDINO -- The City Council decided to stay out of the vehicle storage business Monday night when members voted to reject a proposal to create a city run-impound yard.

The council voted 6-0 to reject the proposal, which generated strong opposition from San Bernardino towing contractors who expressed fear that the plan would force them to do without revenue sources that they need to survive.

"Certainly, government is the only growth industry in this country," Fourth Ward Councilman Fred Shorett cq observed before casting his vote. "I don't see government being in business to compete with the private sector."

Audience members who attended Monday's council meeting to oppose a city-run impound yard erupted in applause after the council voted.

The impound yard decision moved City Hall closer to establishing a financial plan for the current fiscal year, but the city is still without a budget for the fiscal year that began July 1.

By a one-vote margin, the council decided to delay a decision on the proposed budget for two weeks. The budget proposal lays out $138.3 million in general fund spending.

The council initially moved to delay a decision after City Attorney James F. Penman said his office did not receive related documents in time to complete a legal analysis. However, Second Ward Councilman Dennis Baxter later reversed his vote, and so the budget passed.

The vote scheduled the next budget discussion for Sept. 7. Penman, however, predicted that his office's questions could be resolved in time for the council to have scheduled a meeting for today Tuesday or Wednesday.

The impound yard vote affects the budget because the plan was proposed as a method for the Police Department to recover expenses relating to towing vehicles.

City officials estimated that during the first six months of 2010, the tow yard could ease pressure on San Bernardino's general fund by about $480,000. Since the proposal was rejected, the council voted to dip into the city's reserves to make up the amount.

Finance Director Barbara Pachon said before the council took its vote that San Bernardino has about $2.8 million left in its savings.

The idea was that the Police Department offset its payroll and other costs by collecting fees for holding cars impounded during criminal investigations or seized from unlicensed drivers.

Police Chief Keith Kilmer, who inherited the proposal when he joined San Bernardino on June 1, also said the plan gave police an operational advantage because all vehicles held as evidence would be under a single location controlled by city cops.

But for the Police Department to collect fees, the city's six contract towing companies would have had to lose their ability to collect those fees.

Although the Police Department's business plan would not have entirely cut local firms out of the vehicle storage business, tow contractors said they would not be able to afford to stay in business if a chunk of their income went to city government.

By Andrew Edwards
Staff Writer

SAN BERNARDINO -- The latest round in the City Council's debate over restoring funding to the Fire Department raises the question of how City Hall can restore public services once lean times are over.

If it can be assumed that the recession and its related freefall of tax revenues will end, one question that remains is how San Bernardino officials will choose to restore funding to firefighting and other city operations that have been subjected to cuts.

City Manager Charles McNeely's contract has a provision that could provide a venue for city officials and the public to begin crafting a plan for a post-recession San Bernardino. McNeely's employment agreement mandates that he convene annual workshops to discuss city's priorities.

McNeely started with the city June 1 and is obligated to hold the first such meeting within his first three months on the job.

Sixth Ward Councilman Rikke Van Johnson said he wants to meet for the workshop soon after the city has a budget plan in place. San Bernardino does not yet have a budget for the fiscal year that started on July 1 and the council could vote on a budget plan Monday.

"I'm willing to let him (McNeely), take the lead on how we're going to work," Johnson said.
McNeely could not be reached for comment by Wednesday's deadline.

He has previously said that he plans to provide the council with a list of recommendations on how to enhance city operations and wants to change San Bernardino's budget documents so that it's possible for decision makers and the public to easily understand how much money is being set aside for city programs.

Seventh Ward Councilwoman Wendy McCammack said Wednesday that she wants the city to practically restart from scratch. She said the city should craft its next budget by knocking funding for all city operations to zero and then planning to spend available dollars where the money is most needed.

"You need to get back to the basics of running a city," she said.

The Fire Department issue, just one of the city's problems, goes back to February, when the council voted to delete eight firefighting positions in an attempt to save up to $1.6 million. No firefighters were laid off when the jobs were deleted, as the positions were filled by firefighters working overtime.

As of Monday, Fifth Ward Councilman Chas Kelley -- who initially agreed to the budget cuts -- has made three efforts to reverse that decision.

He most recently proposed Monday during a budget workshop Monday that the city borrow more than $1 million from the San Bernardino Economic Development Agency to put the eight firefighting jobs back on the city payroll. Kelley's council rejected his bid by a 4-2 vote.

Fire Department cuts are developing as a campaign issue as the November election approaches. Kelley, whose seat will not be up for election until 2011, said Wednesday that his continued attention to the issue has nothing to do with setting up a political issue for November.

Kelley also said he is not catering to the firefighter's union, which has given $12,500 to his campaign between Jan. 1 and June 30. Instead, he said his concern rests on his lack of confidence that a majority of the council is willing to make Fire Department funding a priority as fire season approaches.

"How many years do we have to wait to restore these positions," Kelley asked. "If you can hobble along ... they never restore it. They just put more work on other people."

Kelley's plan to borrow from the EDA follows McNeely's proposal to borrow $1.3 million from the same agency, which is responsible from redevelopment.

McNeely initially proposed taking a $5.4 million loan from the EDA, but curtailed those plans after state officials decided to borrow redevelopment money from across the state to balance Sacramento's budget.

San Bernardino's EDA could lose about $12 million, but whether Sacramento's plan survives challenges remains to be seen.

Whatever happens, Johnson, Second Ward Councilman Dennis Baxter and Fourth Ward Councilman Fred Shorett said they disagreed with Kelley's proposal because they don't want to run up additional debt.

Whether the planned workshop helps the council get closer to crafting plans to restore funding to public safety and other city services remains to be seen.

By Andrew Edwards
Staff Writer

SAN BERNARDINO -- It may turn out that the City Council can still avoid a repeat of the kinds of painful budget cuts that made previous attempts to stay out of the red such a strenuous process.

City Manager Charles McNeely showed the City Council revised budget proposals on Monday that continues to rely on borrowing, accounting shifts and spending cuts that trim -- but do not eliminate -- city operations.

Also on Monday, Fifth Ward Councilman Chas Kelley made a renewed effort to convince his colleagues to restore funding to eight firefighting positions that were deleted from the budget in February.

Ultimately, Monday marked the third time the council rejected a bid to restore firefighting positions, although Monday marked the first occasion that the council took an up-and-down vote instead of relying upon procedural tactics to block Kelley's plan.

McNeely's revised budget plan calls for City Hall to borrow $1.3 million from the San Bernardino Economic Development Agency. The EDA is responsible for redevelopment projects and has its own budget.
The city manager had previously proposed borrowing $5.4 million from the EDA that number has shrunk after Gov. Arnold Schwarzenegger and the Legislature agreed that Sacramento will "borrow" -- or "raid," depending on one's point of view -- local governments' property tax and redevelopment funds to balance California's budget.

"We are very confident that we will be able to get that $1.3 million (loan)," McNeely said.

San Bernardino officials expect to lose about $2.9 million in city revenues to the state. McNeely now proposes to make up that very amount by borrowing from California Communities, a joint powers authority sponsored by the League of California Cities and California Association of Counties.

The EDA stands to lose about $11.9 million to Sacramento, but San Bernardino officials discussed that number as a potential loss with the expectation that the state's move would be challenged in court.

Voicing the possibility that the EDA could afford to lend city government more than the proposed $1.3 million, Kelley asked that the city borrow more from the EDA to finance eight firefighting positions that were deleted in February's budget cuts.

Such a move would have added more than $1 million to the loan, but Kelley said Fire Department needs to be a priority and that better funding sources should become available after the current recession ends.

"Times are going to get better," he said emphatically.

Kelley's proposal went down by a 4-2 vote. Seventh Ward Councilwoman Wendy McCammack was the only council member to support Kelley. Councilmen Dennis Baxter, Tobin Brinker, Fred Shorett and Rikke Van Johnson voted no.

Johnson said the council should convene at another time to figure out a way to fund the Fire Department instead of suddenly agreeing to take a loan to pay firefighters.

"We can't have these discussions now about borrowing money to pay for stuff. That's just ridiculous," he said.

Other proposals in McNeely's new plan include:

- Shifting $500,000 in street maintenance costs from the general fund tk to the city's share of Measure I transportation financing.

- Using $200,000 in the Police Department's share of development impact fees to make car payments on 28 patrol cars

- Trying to save $900,000 by allowing various city jobs to remain vacant and negotiating 5 percent concessions from city contractors.

Cost-savings proposals that have been a part of discussions throughout this year's budget talks include:

- Negotiating with health insurance providers to save $350,000 on health insurance premiums. This could include higher co-pays for city employees.

- Cutting $200,000 worth of street-striping work from the budget.

- Reorganizing the Fire Department's top administration in a plan that is projected to save $223,000.

The council could adopt a budget for fiscal 2009-10 at its Aug. 17 meeting.

By Andrew Edwards
Staff Writer
SAN BERNARDINO -- Despite contrary claims by the city attorney, the lawyer for an organization seeking to establish a homeless shelter writes in a letter to top city officials that its members never complained of a conflict of interest on the part of the mayor.

"While HPC (Human Potential Consultants) expects that the mayor and his staff will conduct themselves with due regard, at no point has HPC issued allegations of any kind against the mayor or his staff," reads the start of the letter's concluding paragraph.

"Rather it has always been, and remains, HPC's goal to collaborate with the city to pursue the mutually beneficial goal of housing the city's homeless population," the letter continues.

The accusations and arguments between Mayor Pat Morris and City Attorney James F. Penman are being made when the City Council faces decision that would be touchy even if City Hall was the friendliest place in town.

The council has to decide where HPC can locate their homeless shelter, and officials say that under state law, nowhere is not an option. Officials say HPC's clients could include some homeless who are also parolees.

The council is scheduled to discuss the shelter issue -- and almost certainly delve into the surrounding controversy -- during Monday's meeting.

On the question of whether HPC ever accused Morris of having a conflict of interest, HPC's letter -- dated Thursday and signed by Los Angeles-based attorney Lauren Nevitt -- appears to directly contradict Penman's recent statements.

Penman has asserted in city memos and interviews that HPC complained that Morris had a potential conflict of interest relating to HPC's application to set up a homeless shelter in a business park in the 200 block of West Orange Show Lane.

Penman claimed that HPC complained against the mayor Tuesday. He wrote in a memo that HPC alleged Morris interfered with their efforts to establish a shelter near a location where Morris' daughter, Kathleen Willis, wanted to set up her own business, Inland Empire Gymnastics Academy.

The following day, Morris responded that under law, he could not have a conflict because his 43-year-old daughter is not a dependent child. The mayor also stated that instead of interfering with HPC's project, he asked his daughter to look elsewhere to locate her gymnastics business.
Friday, the Mayor's Office issued a statement claiming that HPC's letter catches Penman in an act of outright deception.

"Sadly, City Attorney Penman fabricated a lie in his continuing attempt to attack me and to silence me from protecting our businesses owners from the City Attorney's poor decisions. HPC wrote a letter yesterday that exposed Penman as a liar," the statement begins.

Penman did not change his position after reading HPC's letter, which he said actually supports his own statements.

Although HPC's letter disavows any allegations against Morris, it also affirms that HPC brought concerns to Penman's office. The letter reports that HPC staffers went to Penman's office on July 20 after obtaining an email -- purportedly written by Willis and circulated among area real estate agents -- that HPC staffers perceived as a potential threat to their project.

Penman said he recalled that HPC contacted his office on July 21 and that HPC did not need to file formal complaint, since their concerns and the email are enough to warrant an investigation.

"The City Attorney's office, notwithstanding the letter from HPC, has received a telephonic complaint from HPC, followed up by a fax from them," Penman said.

The email, released by Penman's office, is not dated and signed only by "Katie." The message reports that Katie was "urgently" told by the Mayor's Office of HPC's interest in property at an "Orange Tree Lane location."

The message, which could be subject to differing interpretations, communicates that the recipient "can pass this on to the other agent and property owner. Maybe it will even 'light a fire under them.'"

Willis could not be reached for comment.

Penman said he conferred Thursday with the San Bernardino County District Attorney's and California Attorney General's offices. District Attorney's spokeswoman Susan Mickey confirmed that Penman spoke with Assistant District Attorney Dennis Christy.

Penman said that in contrast to San Bernardino County government -- where he said a "see no evil" culture prevails -- he is quick to investigate reports of potential wrongdoing.

"If the mayor or the public wants a city attorney who's not going to act on something like this, then they are going to have to elect a city attorney who is someone other than me," Penman said.

Seventh Ward Councilwoman Wendy McCammack said she shares Penman's concerns. Even if Morris had no conflict of interest under the law, McCammack said communications between the Mayor's Office and Morris' daughter before the shelter issue was on the council's July 20 agenda should have prompted Morris to recuse himself from those discussions.

"An ethical person would recuse themselves even if there was the appearance of a conflict," she said.

Although Penman and McCammack both said a recusal on Morris' part would have prevented the current controversy from erupting, mayoral chief of staff Jim Morris contended that had the mayor done so under "an abundance of caution," Penman would still make allegations against the mayor.

Other councilmembers, Dennis Baxter, Fred Shorett and Rikke Van Johnson, strongly disagreed with Penman's take on the situation.

"It's all a matter to me of bad politics being perpetrated by the city attorney," Johnson said. "Unfortunately, we're wasting a lot of city resources trying to get through this mess."

The policy issue that's set to be discussed by the council Monday is whether the council will adopt an urgency ordinance establishing where HPC can locate a shelter. Aside from current controversies, the Orange Show Lane location does not seem to be a workable option as officials say the business park's rules prevent homeless from staying overnight.

City staffers are asking the council to delay a decision for two weeks while they prepare a new law that would allow HPC to set up a shelter in the 600 block of South Waterman Avenue.

Jim Morris criticized Penman for asking the council to discuss the shelter issue on an urgency basis, which he said does not provide for enough notice to other property owners. Penman said the urgency is justified because the city is not in compliance with state law requiring cities to set aside space for shelters.

A note: Calls for an investigation are not new in San Bernardino politics.

The article posted below deals with City Attorney James F. Penman's insistence that Mayor Pat Morris be investigated for an alleged conflict of interest.

Penman himself was the subject of an election year investigation more than three years ago. He was ultimately cleared of wrongdoing in the matter.

In 2006, The Sun just happened to receive an anonymous complaint to the California Bar against Penman just days before the runoff election in the mayoral contest between Penman and then Judge Pat Morris, who won.

This newspaper did not rush to report on the complaint on the basis that it was by all appearances an episode of election-time gamesmanship. After the election, The Sun reported that the complaint was filed in December by then-Mayor Judith Valles, who supported Morris in that campaign.

San Bernardino is about to enter another mayoral campaign and Morris is seeking reelection. Penman has said repeatedly that he will not seek the mayor's post this time around, but the two officials often tangle at the dais, especially when legal matters are up for discussion. Morris is a former Superior Court judge.

This reporter asked Penman why he shouldn't assume that San Bernardino politics being what it is, he shouldn't assume that this episode isn't another round of gamesmanship.

His response:

"Unlike the allegation from Mayor Valles, the (new) allegation came from HPC," he said.

"That's why we need an investigation," he added.

HPC stands for Human Potential Consultants, an organization that has proposed a homeless shelter. Penman claims in two memos that HPC has alleged Morris has improperly intervened in their efforts.

The news article follows below. One almost wonders if future developments on the Sixth Floor will include a contest to determine who can punch harder.

By Andrew Edwards
Staff Writer

SAN BERNARDINO -- In a pair of memos, City Attorney James F. Penman calls for an investigation to see if his political rival, Mayor Pat Morris,has a conflict of interest relating to a proposed homeless shelter.

The Mayor's Office replies that the messages are nothing more than political spectacle designed to distract attention from the process by which the proposed homeless shelter is being considered.

In his memos, Penman writes that Human Potential Consultants, the Carson-based organization that has proposed the shelter, has alleged that Morris interfered in their attempt to establish a shelter in San Bernardino.

Penman reports that Human Potential Consultants has alleged that Morris improperly involved himself into the process because the Mayor's daughter has looked into doing business at a business park near the intersection of West Orange Show Lane and Arrowhead Avenue. The business park is one location under consideration for the proposed homeless shelter.

The City Attorney writes in his first memo, dated Tuesday, that if a conflict of interest exists, such a violation could result in civil and criminal penalties, the mayor's removal from office.

"The mayor should recuse himself and his office from all further involvement in this project until the allegations of HPC can be investigated," Penman wrote in Tuesday's memo.

It's rare for city attorneys to use such strong assertions when warning other public officials about potential conflicts of interest. Penman said Wednesday it's also rare for an organization with business before City Hall to accuse a San Bernardino official of interfering on behalf of a family member.

HPC could not be reached for comment Wednesday to discuss their reported allegations.
Morris responded with his own memo Wednesday. In his missive, Morris writes that he asked his daughter, Kathleen Willis, 43, to forego plans to locate her gymnastics school at an Orange Show Lane business park where the proposed shelter could also be established.

Willis was out of town Wednesday and unable to comment, a woman who answered the phone at her business, Inland Empire Gymnastics Academy, said.

Morris further writes California's conflict of interest laws do not apply to the situation because his daughter is not a dependent child. The mayor contended that the real issue is not the alleged conflict of interest but the public process.

During the July 20 City Council meeting, the agenda included a request to approve an urgency ordinance that would have allowed HPC to create a shelter in the 200 block of West Orange Show Lane. The request was signed by both Development Services Director Valerie Ross and Penman.

The council chose to put off a decision on proposed ordinance until its Aug. 3 meeting.
Morris and Third Ward Councilman Tobin Brinker said they were concerned that the urgency process did not provide notice for neighboring business owners to register their concerns regarding the proposal. Both Penman's and Morris' memos report that the shelter would serve parolees.

"We need to basically put this out with a process, a legal process that gives appropriate notice," Morris said in an interview.

Brinker said a shelter at the business park could discourage commerce there.

The City Council has previously rejected HPC's attempt to establish a shelter at a church site on North Sierra Way because that location is near a facility that serves domestic violence victims.

HPC has appealed that decision and according to the July 20 request for council action on the urgency ordinance, would withdraw its appeal if given a permit to develop a shelter on Orange Show Lane.

Andrew Edwards, Staff Writer

SAN BERNARDINO - The question of whether the city will begin to store impounded vehicles as part of a plan to balance its budget remains undecided after the council's Ways and Means Committee decided Wednesday to wait to get more information on the idea.

City officials say the establishment of a tow yard is not envisioned as a profit-making enterprise, but would allow the city to charge fees for impounded vehicles that could be used to pay for existing city expenses. Those opposed to the plan say the proposal amounts to an attempt by the city to balance its books by taking business away from San Bernardino's private towing companies.

"We just do not feel that any - any - department should be earning revenue on the backs of our businesses," San Bernardino Area Chamber of Commerce executive director Judi Penman said while addressing the committee.

The committee's three members, Councilmen Chas Kelley, Dennis Baxter and Tobin Brinker, received the business plan for the proposal shortly before the meeting began. Baxter had questions about the proposal's financial plan and Brinker wanted to hear testimony from an official from another city, he suggested Colton, which already has a tow yard.

The issue is slated to return to the committee Aug. 5.

The Police Department's business plan reports the tow yard could generate nearly $2.2 million in revenue during the first month of 2010. The yard is projected to begin operations at the start of
that year. Start-up and operation expenses, and a decline in franchise fee collections from the city's six towing contractors are projected to be higher than that number. The yard is expected to lose nearly $21,000 over the first six months of its operation.

In response from a question from Baxter as to when the program would start to make money, Finance Director Barbara Pachon said the objective is to move city costs from the General Fund to the tow yard's own budget.

Pachon said the tow yard would allow for about $700,000 in city expenses currently charged to the General Fund to be charged against the tow yard's revenue stream.

"There is still savings in this program to the General Fund," Pachon said.

In San Bernardino, there are six towing companies that have contracts with the city to tow and store vehicles. According to the reports providing to the committee, members of those firms have told officials that they earn about 45 percent of their income from storage fees charged to people recovering their vehicles.

Police officials report that they have sought to minimize the affect on tow companies by changing the city's franchise fee to a 10 percent charge on firms' business instead of the current monthly fee of $6,473. The city would also allow private companies to store some vehicles, including those that are hauled away from crash scenes. Vehicles impounded for legal reasons such as a six-month lapse in registration or driving without a license would be locked up in the city yard.

The tow yard is but one uncertainty in the efforts to draft a budget for the fiscal year that began July 1. The city entered the budget process expecting to face a $4.8 million deficit, and could lose an additional $5 to $6 million if California legislators agree to a proposal to borrow funds from local governments to balance the state's budget.

City Manager Charles McNeely said after Wednesday's meeting that he is still proposing to borrow about $5 million from the San Bernardino Economic Development Agency if that money is needed to balance the city's budget.

If the council ultimately chooses not to create a city-run tow yard, McNeely said city officials would have to figure out about $400,000 worth of additional budget cuts or use the city's scarce reserves to stay in the black.

A 4 to 3 vote clears the way for City Manager Charles McNeely to hire a communications manager and other positions as part of move to reorganize his office.

Council members Dennis Baxter, Tobin Brinker, Fred Shorett and Rikke Van Johnson voted in favor of the city manager's plan. Council members Esther Estrada, Chas Kelley and Wendy McCammack voted against the move.

The council was unanimous however, in a related vote to set the salary for the currently vacant assistant city manager's position and create a senior administrative analyst position. Whoever is hired to the latter job will be responsible for writing up grant proposals and other "complicated staff work."

Council members cast their votes Monday night.

The job description for the newly-approved communications manager's position establishes that whoever gets that job will be responsible for communicating city policy with the media, business community and others. The staffer will also be responsible for working with employees in other city departments to develop a marketing plan for San Bernardino.

The communications manager's lucrative compensation package and the fact that the city's Personnel Committee had recommended against creating the communications manager's position both figured in Monday's debate.

The future communications manager is slated to earn a pay package worth $8,850 to $10,757 per month. McNeely pointed out that the compensation package for this position, as well as that for the assistant city manager's job and senior administrative analyst's position, will not draw on San Bernardino's stressed general fund.

However, Estrada said she thinks creating the position still sends the wrong message to city employees who have been laid off in recent cost-cutting moves.

"It's a little hard for me to consider this request in light of the fact that we had to lay off people, furlough people ... have City Hall closed on Friday," she said.

Brinker said the city should invest in hiring an employee dedicated to speaking on behalf of the city.

"I know it is a lot of money, but in the long term, the benefits will be there," he said.

The Personnel Committee consists of the very council members who previously voted against the creation of the communication manager's committee. Kelley and McCammack objected to having the issue taken to the full council after their votes, while McNeely said he respected their opinions but thought the full council should have a say.

McNeely also said a citywide spokesperson would be better able to handle PR duties than the heads of city departments, who were hired to for skills specific to their departments rather than communications.

San Bernardino's City Charter establishes that the mayor is officials the city's spokesperson. City Attorney James F. Penman said he didn't think the creation of the comminications manager's position was illegal, but that the proper way to place this duty within the City Manager's Office would be through a voter approved charter amendment.

McNeely said having hiring a city spokesperson work for his office, as opposed to the elected mayor, would depoliticize the job.

A proposal to create a city-run storage yard for towed vehicles is set to be discussed when the city's Ways and Means Committee meets Wednesday afternoon.

The proposal has been included in the city's preliminary budget and that document reports that the city could take in $680,000 in net revenue if the tow yard opens Jan. 1, 2010.

Local tow company owners oppose the plan. Industry members have said that they need storage fees for their businesses to survive.

There's also concern as to the city using a tow yard to bolster its finances. California law prohibits cities from making a profit on towing operations, although it is legal for local governments to recoup the costs of towing and storing towed vehicles.

The Ways and Means Committee is scheduled to meet at 4:30 p.m. Wednesday on the Fourth Floor of City Hall, 300 North D Street.

Here is a revised version of the previous post that has been updated to include quotes and some additional information.

An ambitious and controversial plan to redevelop a cluster of eastside apartments that some officials say are home to a host of troubles got the go-ahead Monday night.

The City Council, acting in its role to oversee the San Bernardino Economic Development Agency, voted 4 - 3 to OK a redevelopment plan that calls for the rehabilitation of several four-plex apartment buildings that have been foreclosed or abandoned.

Buildings that cannot be refurbished are set to be demolished and rebuilt.

Council members Dennis Baxter, Tobin Brinker, Fred Shorett and Rikke Van Johnson voted for the plan. Council members Esther Estrada, Chas Kelley and Wendy McCammack voted "no."

The council cast their votes after lengthy debate that included comments from about two dozen speakers, shouts from the audience, raised voices on the dais and a break to get news on the brush fire that burned during the meeting on Little Mountain.

The vote was a narrow victory for Mayor Pat Morris, who strongly favored the redevelopment plan which is set to focus on eastside apartments on Sunrise Way and 19th Street. The neighborhood in question is just southwest of the place once known as the "Arden Guthries."

The mayor called the vote said the vote was a major step in "a long and difficult battle to redeem this community."

Morris and EDA officials consider the plan a tool to bring life back to a troubled neighborhood, however, McCammack contended that the plan's immediate focus on apartments misses out on an opportunity to promote home ownership within the city.

Additionally, Estrada and Kelley said the funds could be better put to use if spread around the city.

Estrada said the EDA could spend the money to "bulldoze the crap" along a distressed stretch of Base Line while building senior housing in a place where new development may stimulate the commercial economy. She suggested E Street as an example of a place where business may benefit from such a booster shot.

The Arden Guthries, near the site of the new project, were another group of distressed apartments where redevelopment officials have already pushed the reset buttion. Several apartments that comprised the Arden Guthries have already been demolished in a previous redevelopment effort that was intended to reduce crime and clear way for commercial development along Highland Avenue.

Plans call for a Home Depot store to eventually go up in the location.

"This project is still in our plans but I don't have much to confirm beyond that besides that it is a few years out and needs to go through approvals," Home Depot spokeswoman Kathryn Gallagher wrote in an email.

The new project is set to take advantage of about $8.4 million in federal dollars provided through Washngton D.C.'s Neighborhood Stabilization Program, which is intended to help the city deal with problems created by recent foreclosures.

But Uncle Sam's money also comes with a mandate that one-quarter of the funds be used to provide housing for low-income individuals.

The low-income requirement marked a dividing line for the issue. Although EDA housing director Carey Jenkins noted that the plan will reduce the number of apartments in the neighborhood, some of the speakers said that setting aside units for low income people amounts to an invitation to crime.

Another point of contention was the question of how shady the neighborhood really is. Jenkins showed photographs of dilapidated structures and observed that one building in the area recently burned down. He said that was the very building where he was recently quoted as saying he wouldn't be surprised if the building burnt down before it could be acquired.

However, several speakers who identified themselves as area residents objected to the characterization of their homes as a dangerous place, and that they considered the colloquial designation of the neighborhood as "Little Africa" to be an insult. Speakers also opined that the problems that do exist in their neighborhood are to blame on irresponsible landlords and lax code enforcement efforts.

Another concern for residents is whether they will be forced to leave their apartments as redevelopment moves forward.

"Where are we supposed to go?," an audience member called out after the vote.

"We're human beings just like you," was another cry.

The council's vote also follows the EDA's recommendation to work with a San Clemente-based nonprofit to acquire, fix-up and manage rehabilitated apartments for low-income tenants.

That nonprofit, San Clemente-based Mary Erickson Community Housing, promised to screen future tenants and Morris and other proponents have said the organization would provide a shield against absentee slumlords.

Susan McDevitt, Mary Erickson's executive director, acknowledged after the vote that an unspecified number of current tenants will likely have to move. She said the law requires those people to receive assistance and that it could be possible for them to return to the area if they pass tenant screenings.

McDevitt said Tuesday that residents of 32 four plexes may be relocated as part of redevelopment work. Her nonprofit will be required to provide assistance to anyone forced to find a new place to live.

"It's a very strict process. We just don't dump them out on the street," she said.

City Attorney James F. Penman - who prefaced his remarks by digging up a set of old jury instructions that identified his office as a policy-making position - said he is not confident that the nonprofit will be more successful in managing the area than other property owners that sought to run the Arden Guthries when things in that area were much worse.

Proponents of the redevelopment plan have said that if local government does not act, absentee landlords will swoop in and buy properties on the cheap. Penman said the city could respond to that problem without redevelopment by threatening to begin eminent domain proceedings.

With the council's vote on the books, McDevitt said she expects to close the first acquisition in early August.

The filing period for candidates seeking office in the Nov. 3 election begins on Monday, according to the San Bernardino County Registrar of Voters.

In San Bernardino, the Mayor's Office, as well council seats for the First, Second and Fourth wards are up for a vote.

Mayor Pat Morris has already declared that he will seek reelection. The Fourth Ward campaign could also be an interesting race, as Joe Arnett - who took second place to incumbent Fred Shorett in the Special Election that was held in March - is set to formally announce his campaign at noon today.

Arnett has snagged some of Shorett's former supporters, including the firefighters union. The fire union took umbrage when Shorett and a majority of the council took action this spring to maintain budget cuts that eliminated 12 firefighting positions. No firefighters lost their jobs because of the cuts, but eight of those positions were filled by firefighters working overtime shifts.

The cuts resulted in some fire engine companies being staffed with three firefighters instead of four, which fire fighters said compromised public safety. Fire Chief Michael Conrad has said the Fire Department can adequately respond to fires.

Recently-elected councilman Fred Shorett is going to have some competition in his effort to win a full term.

Joe Arnett, who took second place to Shorett in a Special Election that was held in March, is scheduled to make a formal announcement on Thursday that he will challenge Shorett in November. He has already picked up endorsements from people who supported Shorett in the previous election.

"March's election was a mile marker in the real race," Arnett said by telephone Monday.

Monday, Arnett's campaign dispatched a press release stating that he is set to make a "major political announcement" Thursday outside City Hall.

Shorett represents the city's northeastern neighborhoods in the Fourth Ward. He succeeded Neil Derry, who left the council after winning a seat on the San Bernardino County Board of Supervisors.

In March, Shorett won by a large margin after running with the support of a number of San Bernardino's political players, including the firefighters' union and politicians who often disagree with each other, such as Mayor Pat Morris and Seventh Ward Councilwoman Wendy McCammack.

But now, Shorett's decision not to support other council members' attempts to restore funding to the Fire Department has cost him some political support.

Shorett said he was not surprised by the news, and said he will again campaign on a platform to make San Bernardino government more business friendly and business minded.

"That's the only thing that's going to save this city and cities around the country," Shorett said.

Fifth Ward Councilman Chas Kelley led efforts in April and May to restore funding to a dozen firefighting positions. No firefighters were laid off when the council cut funding for the positions in February, but the cuts meant that some fire engines are now staffed with three firefighters instead of four crew members.

The council never actually voted on Kelley's proposal, which was defeated twice through procedural methods. Other council members said the cash-strapped city cannot afford to pay for the positions, which were vacant and filled by firefighters working overtime shifts.

Some say it's dangerous to have three firefighters on an engine because three-person crews generally have to wait for backup before entering a burning building. Fire Chief Michael Conrad said at the time that three-firefighter engine companies can adequately provide rescue services.

Kelley supported Shorett in the special election but now supports Arnett. The fire union has also changed sides.

"We were just disappointed in regards to some of Fred's issues in regards to public safety," fire union president Scott Moss said.

City Manager Charles McNeely writes in an email that a credit agreement between City Hall and the San Bernardino Economic Development Agency has not yet been drawn up.

"No, an agreement has not been drawn up at this point. Staff recommendation was to move forward with the adoption of the budget and finalize the terms of the agreement between the City and EDA during the next few weeks," McNeely wrote. "At this point I am told that it will take several weeks to complete this before it is presented to the City Council after which I am hoping we can move forward with the budget adoption."

The EDA is officially separate from the city and has its own budget. McNeely has proposed that the city balance its budget by borrowing up to $5.4 million from the EDA. City Attorney James F. Penman said during a budget workshop Monday that his office needs more time to review the credit proposals to determine if it conforms with California law. The council did not adopt the budget Monday, postponing that decision to an undetermined date later this month.

In a memo written to the the Mayor and CIty Council dated June 26, McNeely wrote that he expected to draw $2.4 million that would be repaid this year and that the credit agreement would include options for two one-year extensions.

Penman has said one of his concerns is that the extensions could be contrary to state law requiring the money to be repaid in a single year. He has also said that he has not seen any tentative agreement between the EDA and City Hall for a line of credit and first learned of details regarding the proposal morning of Monday's budget meeting.

By Andrew Edwards
Staff Writer
SAN BERNARDINO -- The City Council chose to wait until approving its budget for the coming fiscal year after the City Attorney questioned the legality of some aspects of current proposals.

The council voted unanimously Monday night to adopt a continuing resolution that maintains spending city business for July at levels provided for in the city's current budget.
The city's next fiscal year begins Wednesday.

City Attorney James F. Penman said during a budget workshop Monday that his office needs time to review whether proposals that include the borrowing of money from the San Bernardino Economic Development Agency comply with state law.

Monday's budget workshop was the first time Penman raised these concerns in a public forum. City Manager Charles McNeely introduced the preliminary budget and proposal to borrow $5.4 million from the EDA during a June 4 public meeting. The council has met a total of four times, including Monday, to discuss the budget.

But Penman said that information his office received Thursday and Monday have convinced him that San Bernardino's legal team needs more time to examine budget proposals.

McNeely said after the meeting that Monday was the first time he learned that Penman had legal questions regarding the budget. McNeely also said he did not see the proposals as being out of the ordinary realm of city finances.

During Monday's meeting, Penman said a news report regarding the anti-tax Howard Jarvis Taxpayers Association gives city officials a reason to be cautious.

The foundation is looking for a plaintiff in Redlands who would be interested in challenging that city's recent budget tactics. Redlands' council recently accepted a plan that would have the effect of directing residents' water and sewer payments to Redlands' general fund instead of its utilities.

Penman also allowed the possibility that EDA funds may not have always been used properly in years past.

"If you're asking me, have we broken the law? Perhaps," Penman said.

Seventh Ward Councilwoman Wendy McCammack, who joined Penman in questioning the budget plan, said Monday's meeting was the first time council members were given time to raise substantive issues.

There was additional controversy Monday night when several representatives of San Bernardino towing companies and other business community representatives rose to speak against a proposal to create a city operated tow yard.

San Bernardino officials do not yet have a business plan for a city-operated tow yard, but project that the city could take in about $680,000 in net revenues if a yard opens Jan. 1, 2010. Police Chief Keith Kilmer also said that a city-run yard would allow police to control cars that are being stored as evidence.

But opponents said creating a city-run yard would steal business from the city's six tow companies, which pay a franchise fee to the city.

"Are we saying we have a zero tolerance policy, we're just going to go out and impound cars to balance the holes in the budget," one speaker asked?

San Bernardino's preliminary budget, which could be approved at an unspecified date in July, sets aside more than $142.7 million in general fund spending over the next 12 months.

By Andrew Edwards
Staff Writer
SAN BERNARDINO -- City Attorney James F. Penman is asking to have hundreds of thousands restored to his budget, saying that its impossible to eliminate the costs of defending the city in court.

Penman is asking the council for more than $460,000 above the amount laid out in the preliminary budget to pay outside attorneys.

"There is no guarantee that this amount will not increase as events in FY 09/10 develop," Penman wrote in a July 16 memo to the City Council.

If the council grants Penman's request, it will continue a series of actions that have diminished the impact of budget cuts on the City Attorney's Office. The council has already taken action to restore $400,000 that was sliced from Penman's budget for the current fiscal year.

In an interview Tuesday, Penman said he did not agree with budget cuts, "everybody knew which wasn't going to work."

He described the cuts as a "game" to make it appear as if his office lost funding. He maintained it's impossible for his office to reduce the work of attorneys who are obligated to stand before a judge.

"When someone files a suit against the city, you have to appear in court," Penman said. "There's no grace period."

When the council met June 16, Penman placed about three dozen pending cases on the closed session agenda. He and council members would not discuss closed session discussions, but the move appeared to be a tactic to call attention to outside attorney's case load.

City Manager Charles McNeely said Monday he anticipates the council will agree to Penman's request.

"I would like to know which cases Mr. Brinker would like to settle, and what he's willing to settle for," 7th Ward Councilwoman Wendy McCammack said.

Council members Esther Estrada, and Rikke Van Johnson also seemed inclined to agree with the City Attorney in comments made Monday.

"Let's say we don't have an experienced lawyer to defend against police brutality cases .. you could lose the case and you end up losing millions of dollars," Estrada said.

Penman said many of the cases for which he hires outside attorneys involve allegations of police misconduct or lawsuits filed by police officers against the department.

He said he and employees have agreed to participate in budget cuts by taking 10 percent pay cuts without taking Fridays off, as other city employees have done. Penman did not know off hand how much money the pay cuts have saved the city.

Third Ward Councilman Tobin Brinker has emerged as the most skeptical member of the council in regards to Penman's request.

Brinker said that since Penman is an elected official, he is entitled to deference from the council when it comes to how he spends his office's money. But he also said there is a matter of equity between Penman's department and other city agencies that have endured budget cuts.

"Every department has been sliced and diced," Brinker said in an interview Monday. "If we give money to his department, other departments will have to take more of a cut."

Penman said his office has already raised more than the requested amount from fines collected through citations issued by his office's investigators.

The council is scheduled to meet Wednesday and could the city's budget for the fiscal year beginning July 1 at that time.

Four out of seven San Bernardino city would say "not San Bernardino." The council narrowly voted Monday night to restrict new convenience stores from opening in the city.

By Andrew Edwards
Staff Writer
SAN BERNARDINO -- The city's ban on new convenience stores remains in effect.
The council voted 4 to 3 Monday to retain the prohibition.

The stores had been generally banned under a 2004 moratorium that prohibits a dozen business types from opening in the city.

One issue of concern was whether the addition of new convenience stores, which typically sell beer and wine, would have a negative impact on a city that is already home to many alcohol venders.

"We don't need more liquor stores in this city," 2nd Ward Councilman Dennis Baxter said. "We need to make sure the alcohol is being controlled. I will not support this in any way, shape or form."

Baxter joined council members Esther Estrada, Rikke Van Johnson and Wendy McCammack Monday in voting against a proposal that would have relax restrictions on convenience stores.

Councilmen Tobin Brinker, Fred Shorett and Chas Kelley supported a plan that would have made it easier for convenience stores to set up shop in San Bernardino.

"It's my understanding that our city doesn't have a business friendly reputation at this time, this is a way to change that," Shorett said.

San Bernardino's moratorium targets businesses that city officials have believed to attracted shady customers. Besides convenience stores, the moratorium also prohibits additional smoke shops, tattoo parlors, check-cashing businesses or second-hand stores.

Kelley and Brinker have sought changes to the moratorium for more than a year. Brinker represents the southern neighborhoods of the Third Ward, which includes the vacant storefronts of E Street, once thriving with business and entertainment.

Brinker said Monday that being too strict on potential businesses can create a new set of problems.

"We create other issues when we have vacant buildings, and we have blight and other types of crime that are associated with that we have to strike a balance," Brinker said.

In January, the council rejected a proposal to modify the moratorium that would have given the council case-by-case discretion to allow businesses after the City Attorney's office opined that the process would have been to vague to be legally valid.

The proposal that failed Monday would have allowed convenience stores that met certain size requirements that favored larger stores.

The proposal also included provisions that would have mandated stores to have security cameras that record to DVR and that any pay phones at the stores are installed inside the shop and not able to take incoming calls.

This reporter did not attend Monday's entire City Council meeting in order to work on another assignment dealing with local reactions to the General Motors bankruptcy.

However, during the portion of the meeting that this reporter was present, City Attorney James F. Penman remarked that a new spirit of cordiality gripped the dais during new City Manager Charles McNeely's first day on the job.

"There's been no personal acrimony, and I'm just as guilty of that as anyone else," Penman said.

Possibly at the risk of watching the tenor San Bernardino politics change into something like that in Redlands or even Yucaipa, Penman also said that he proposed a deal to McNealy to make everybody play nice.

"I said, you work on the mayor, and I'll work on Mrs. McCammack," Penman said, as if Mayor Pat Morris and Seventh Ward Councilwoman Wendy McCammack don't always see eye to eye on the issues or even the rules governing parliamentary procedure during council meetings.

Morris said in reply that with McNeely in town, the city has a new principal and all the politicos were on their best behavior.

This reporter needs to mention that he had to leave the meeting before its conclusion, so it's possible that a new dispute has erupted between those remarks and this posting.

The City Council opened the door to a new taxi franchise during its Monday meeting.

Previously, City Hall has only permitted a single company to run taxi cabs in San Bernardino. Those who favored the change said they wanted to allow for more competition.

"I can't support denying any business that wants to do business in our community at the present time," 4th Ward Councilman Fred Shorett said.

The council voted 5 to 2 Monday to grant Riverside-based Inland Empire Cab the right to work in the city, pending a procedural matter to be handled during a future council meeting.
Shorett, along with council members Esther Estrada, Dennis Baxter, Rikke Van Johnson and Wendy McCammack voted to let a second cab company work in San Bernardino.

Councilmen Tobin Brinker and Chas Kelley voted no. Kelley said he wanted to support the San Bernardino-based cab company that currently does business in the city.

The city's taxi law ties the maximum number of cabs allowed to operate in San Bernardino to the city's population. The law currently allows a maximum of 82 cabs.

Inland Empire Cab stands to gain the ability to run two taxis in the city. San Bernardino Yellow & Bell Cab enjoys the right to operate all other taxis in San Bernardino.

The City Council also voted Monday to alter the Economic Development Agency's deal with Maya Cinemas, a Los Angeles-based company that is slated to refurbish and reopen the former CinemaStar site downtown.

Maya has agreed to buy the cinema site from the EDA, and escrow was initially expected to close by the first of July. That date is now changed to Oct. 30.

The revised deal also extends Maya Cinemas' deadline to complete the first phase of theater improvements from July 1 to Dec. 31.

EDA officials' request for action partly blames the delay on time spent in court to repossess the 20-screen theater and furniture from CinemaStar, which in September ceased doing business in San Bernardino.

Officials also anticipate a drawn out review period for Maya's attempt to finance its project.
The council has already voted to back Maya's effort to obtain a $9 million federal Department of Housing and Urban Development Loan for the project.

If Maya fails, the EDA would have to repay the loan or else the city would lose federal grant funds.

Maya Cinemas would do business next to California Theatre, near the crossing of Fourth and E Streets. The establishment of an active cinema is considered to be a keystone of downtown revitalization plans.

The council voted 6-0 without discussion Sto amend Maya's deal. McCammack was not at the dais for the vote.

By Andrew Edwards
Staff Writer
SAN BERNARDINO -- The City Council has effectively tossed a proposal to privatize waste collection services into the round file.

The council on Monday passed on a proposal from the city manager's office to hire a consulting firm to examine whether outsourcing trash services would make financial sense.

City politicos' lack of interest in the privatizing option suggest that council members -- at least for the time being -- have reached a point where they are reluctant to address San Bernardino's budget problems by reducing city services.

"We do so much outsourcing already," First Ward Councilwoman Esther Estrada said Monday. "I'm really concerned we're going to start outsourcing all services? Are we going to contract with the Sheriff's Office for police?"

The idea of outsourcing Waste Management operations surfaced earlier this year when then-interim City Manager Mark Weinberg suggested privatizing as a means to shore up the city's finances with a one-time cash infusion and possibly a recurring franchise fee.

The idea was brought forward while San Bernardino officials were attempting to solve a $9 million deficit. Acting city manager Lori Sassoon brought the idea back for discussion, saying Monday that the city's financial problems require officials to examine all of their options.

"It is not a pleasant thing to be looking up, but I think your options are extremely limited at this point," Sassoon said.

But the possibility stirred up strong emotions among city employees. Dozens of city workers wearing orange Public Services uniforms showed up to Monday's council meeting in hopes of keeping their department as part of the city.

Public Services employee Charles Greenwood contended that waste hauling services would decline if San Bernardino went forward with outsourcing.

"You own us ... if you vote for privatizing, you have no say," he said.

Fifth Ward Councilman Chas Kelley made a motion to approve Sassoon's recommendation, but 1st Ward Councilwoman Esther Estrada withdrew her second of his motion after discussion.

The proposal died when no other council members offered another second.

The City Council acted again on Monday to reject 5th Ward Councilman Chas Kelley's attempt to beef up Fire Department staffing.

Kelley wanted to reverse budget cuts made in February that had the effect of taking a fourth firefighter off some city engine companies. A three-person firefighter crew cannot enter a burning building without backup from another engine company unless it's immediately obvious that someone needs to be rescued.

The February cuts eliminated funding for 12 firefighting positions, and eight jobs that had been filled by firefighters working overtime were deleted from the payroll. Kelley proposed using part of $1.4 million in concessions that the firefighters union approved Monday to finance the restoration of the jobs to the city payroll.

The stage was set for the council to debate what levels of public service the city could afford. That didn't happen. Instead, Third Ward Councilman Tobin Brinker rushed to introduce a motion to table Kelley's proposal. A motion to table means that the council drops discussion of an issue without setting a time to resume talks.

This is what ultimately happened. The council voted 4-3 to stop talking about Kelley's proposal. Brinker and councilmen Dennis Baxter, Fred Shorett and Rikke Van Johnson voted to table the proposal.

Kelley, McCammack and Councilwoman Esther Estrada voted against Brinker.

The vote followed a raucous argument over whether the council had the ability to vote on Brinker's motion. Several firefighters also argued in favor of Kelley's proposal and also agreed with Kelley that council members ducked their responsibilities by refusing to debate the merits of the proposal.

"Which of your constituents said 'Go table that?,'" asked fire union vice president Jim McMullen said from the podium reserved for members of the public.

Brinker said after the council voted that he thought it was pointless to debate Kelley's idea after the council chose not to support his idea during the April 20 meeting.

"We talked about it last meeting. There was no reason to talk about it again," Brinker said.

Seventh Ward Councilwoman Wendy McCammack, who supported Kelley's proposal, tried to introduce her own motion that would have given the council a chance to discuss the merit's of Kelley's proposal. And that's when people got angry.

Mayor Pat Morris sided with Brinker. He argued that the council had to vote on Brinker's move to end discussion first. City Attorney James F. Penman, raising his voice, disagreed. Penman countered that council rules require that the body to consider a substitute motion before considering a motion to table.

Boring stuff, but boring stuff that had an impact on city policy, since the council ended up doing things the way the mayor wanted to. For a while, Morris wanted to immediately move forward the motion to table without taking time to let the public step up to the city microphone and weigh in.

After a heated exchange between Morris and Penman over what the council's rules require, Estrada took exception to the possibility that the public might not have been afforded an opportunity to address their representatives.

"I would hope that we would not topple the Freedom of Speech here, your honor," Estrada said.

Morris changed his mind after aide Peggy Hazlett stepped to his seat with a message. McCammack angrily charged that the mayor only allowed the public to speak after relying on the advice of his son, mayoral chief of staff Jim Morris.

It was then that several firefighters spoke in favor of Kelley's idea. Fire union spokesman Tom Rubio said city officials were wasting their time in argument when they should be attempting to figure out how they can finance fire protection.

"We have very resourceful people on this Fire Department. We've done it before. We can do it again," Rubio said.

Rubio said the city could apply for grants to increase engine company staffing. Fire Capt. Richard Lewis later stepped to the microphone to contend that the city could ask San Bernardino voters for a charter amendment to mandate that engine companies have four-person crews.

Because of Brinker's motion, Kelley, McCammack and Penman had to speak from the public microphone instead of from the council dais.

"Tonight ladies and gentleman, democracy was thwarted, deliberately," Kelley said from City Hall's public comment podium.

"The candidates, and I said candidates, on that dais would have had a chance to explain to their residents why they thought my motion was wrong," he said later.

McCammack also accused Pat Morris of seeking revenge against the fire union since they did not support his candidacy.

Firefighters erupted into applause when speakers agreed with theirs and Kelley's positions. At least one man in the audience shouted "withdraw the motion" to Brinker.

Speaking from the public podium, Penman put forth that the speed with which Brinker put forward his bid to end debate meant that his action was prearranged. Reached in the City Hall lobby, Penman said he had no evidence that more than three council members discussed the issue before Monday's meeting.

It's illegal in California for a majority of any city council to privately discuss official business outside of a proper meeting.

Brinker said after the vote that he did not prearrange the outcome of Monday's discussion.

Asked if he spoke with council members during a meeting break, Pat Morris held up his hands but any spoken response was not heard by this reporter before Hazlett told this reporter to leave the dais because the council was returning to session.

Reached by telephone for clarification later Monday night, Jim Morris said "the mayor may have had talked to some council people in general, but the allegation that he drove this issue is completely and utterly ridiculous.

"He's got no agenda here," Jim Morris added, saying that the mayor's goals Monday night were to foster an orderly discussion, and that the decision on whether to debate Kelley's proposal was made by a council majority not the mayor.

Jim Morris also said the mayor has no interest to offend firefighters.

"What interest does he have other than a balanced budget?," Jim Morris asked.

Monday's City Council agenda includes a request from acting City Manager Lori Sassoon's office to raise several city fees.

It's too soon to report when the fees could go into effect. I found out in the middle of typing this that a decision is likely to be delayed until another date. Sassoon wrote in an email that the council is not expected to vote until its May 18 meeting.

The fee hikes are projected to lead to collections of $770,000 during the fiscal year that begins July 1. Department managers were asked to look for potential fee revenues as a means to balance the city's budget.

Proposed fee increases include the following

- Animal Control's apprehension fee would rise from $40 or $80 (for altered or unaltered animals, respectively) to $100.

- Code Enforcement's weed abatement administrative fee would rise from $19.50 to $100. The weed abatement fee for vacant lots would rise from $110 to $275. These fees have remained static since 1996.

- Code Enforcement's tow release fee would rise from $215 to $240.

- Development Services would charge a new a inspection fee for temporary certificates of occupancy. The fee would be set at $541.50

- Facilities Management's fine for illegal commercial vehicle parking would rise from $65 to $260.

- Police Department's fine for false robbery alarms would rise from $100 to $200. Subsequent false alarms would generate higher fees.

*Bonus point to anyone who knows the source of the quote in the headline.

The list of proposed fee hikes can be viewed online.

The Sun has had a few articles recently dealing with the issue of whether the city should restore funding to a dozen firefighting positions that were eliminated during this winter's round of budget cuts.

No firefighters were laid off, but eight of those positions had been filled by firefighters working overtime shifts. Having those eight positions on the books allowed the Fire Department to put four firefighters on fire engines that now have only three-person crews. Having three firefighters on an engine means that firefighters have to wait for backup to enter a burning building unless it's obvious that someone needs to be rescued. Otherwise, firefighters operate on a two-in, two-out principle.

Fifth Ward Councilman Chas Kelley wanted to restore funding, but other council members would not join in his effort at Monday's meeting.

One aspect of that meeting that did not make its way into printed stories was deputy city attorney Jolena Grider's suggestion that the city use Administrative Civil Penalties, called ACP's in City Hall's alphabet soup, to help fund the department.

ACPs are a relatively new fine mechanism that the city can use to assess penalties on those who violate any provision of San Bernardino's municipal code. A maximum penalty of $1,000 per day can be levied in addition to other penalties as long as a violation is observed.

Grider's boss, City Attorney James F. Penman, is a proponent of ACPs. FIrefighters are required to perform inspections and Grider said Monday that Penman's office supports the use of ACPs to bolster the Fire budget.

"That could be a good way of raising revenue that hasn't been used at that point," she said.

However, the idea didn't seem to get any traction. Interim City Manager Mark Weinberg and 6th Ward Councilman Rikke Van Johnson both said they didn't want to employ firefighters as revenue collection agents.

"That's not any more palatable to me than if we had our police officers write more traffic citations on the street so we would be able to fund more officers," Weinberg said.

Weinberg also said the city's hearing officer frequently reduced ACP fines from the $1,000 max to amounts like $100.

Mayoral chief of staff Jim Morris said this morning that Mayor Pat Morris is still on track to hire a new police chief by Monday.

The mayor and City Council are scheduled to meet in closed session Thursday to interview finalists for the job. If those interviews are successful, the council could ratify Pat Morris' selection on Monday.

Current police chief Michael Billdt has been in charge of the Police Department since 2006. He and other department administrators have had a rocky relationship with the rank and file, particularly during the last few months. The police union has voted no confidence against Billdt twice.

Businessman Fred Shorett was sworn in today as the new councilman representing San Bernardino's Fourth Ward.

The Fourth Ward includes the northeastern part of the city. Shorett won a March 17 Special Election to replace Neil Derry, who is now on the Board of Supervisors.

After taking the oath of office, Shorett remarked that his family has done business in San Bernardino since the 1920s, and that in 1944 his grandfather was elected to represent the Fourth Ward. Shorett said the city has seen better days, but he repeated his campaign theme that the city's assets - such as water, higher education and highway access - can be used to make San Bernardino prosperous.

"I plan to work as hard as I can and to bring a business approach and a common sense approach to City Hall," Shorett said.

Today's City Council meeting includes the continuation of a hearing involving an effort to convert a church building at 840 North Sierra Way into a homeless shelter. Opponents to the plan object to the site's proximity to a facility that serves domestic violence victims.

Other items on the agenda include a presentation on downtown revitalization plans and the proposed establishment of a property-based business improvement district intended to preserve the San Bernardino Auto Mall's dealers.

In other news today, the Los Angeles Dodgers open the 2009 season and the Michigan State Spartans play the North Carolina Tar Heels for the NCAA Men's Basketball Championship.

By Andrew Edwards
Staff Writer

SAN BERNARDINO -- The City Council voted Thursday evening to appoint Reno City Manager Charles McNeely to the city's top administrative post.

"It is an opportunity for me to come to a community that has unprecedented opportunities, challenges, but unprecedented opportunities," McNeely said while addressing the council after their vote.

The council voted 5-0 in closed session to hire McNeely. However, Councilwoman Wendy McCammack abstained from approving his contract in public session, saying she was concerned about the amount of McNeely's compensation in light of recent efforts to obtain pay concessions from city employees.

The incoming city manager's contract sets his salary at $275,000 per year, minus a 10 percent giveback.

McNeely takes the job as San Bernardino's city government cuts back on staffing and services in the face of shrinking tax revenues. San Bernardino officials have also sought across-the-board pay concessions of 10 percent for police, fire and general employees and managers.

McCammack said McNeely's deal also includes $73,000 in other perks, such as $15,000 in relocation assistance. She also said that her abstention was meant as a show of support to city employees, not a criticism of McNeely's abilities.

Mayor Pat Morris responded to McCammack's concerns by pointing out that McNeely's salary and deferred compensation will be lower than several other nearby cities with smaller populations, such as Victorville, Fontana and Ontario.

But those on the dais spent more time Thursday welcoming McNeely to San Bernardino than debating dollars.

McNeely is scheduled to begin working in San Bernardino on June 1. He said he wants to work out a way to start earlier, but his contract with Reno requires him to give 60 days' notice before leaving.

He said one of his first tasks will be to meet with city Finance Director Barbara Pachon and build an understanding of San Bernardino's finances. He plans to prepare for a fairly long recession.

"I don't think this is going to turn around tomorrow. I think we're going to be in it for a year or two," McNeely said after the meeting.

He also outlined economic revitalization, public safety and recreational services as key priorities.
"I'm really a person who's very committed to making sure we have very strong recreational, library and art programs," he said.

City Clerk Rachel Clark said the council is scheduled to meet at 5 p.m. Thursday in a special meeting to discuss the appointment of a new city manager.

The Reno Gazette-Journal has reported that Reno, Nev. City Manager Charles McNeely has been approached for the job.

McNeely could not be immediately be reached for comment. He is spending the day in Washington, D.C., according to Reno City Hall.

Here is a link.

By Stacia Glenn
Staff Writer

San Bernardino - The Reno city manager is apparently being courted here for a similar post.

San Bernardino's City Council is expected to vote on the next city manager at a special meeting Thursday.

Council members met March 9 in closed session to interview candidates recommended by an outside five-member panel. Longtime Reno City Manager Charles McNeely was in the area on the same day, the Reno Gazette-Journal has reported.

But McNeely told the newspaper he was not in San Bernardino for a job interview then, adding that he gets job offers all the time.

McNeely could not be reached for comment Tuesday because he is at the National League of Cities convention in Washington D.C.

Reno Mayor Bob Cashell says McNeely has been approached for the job, but he's unaware if any offer has been made.

McNeely has been Reno's city manager for 13 years and is paid $255,000 a year, the most of any city manager in Nevada.

His contract also affords him 79 days a year for vacation or sick leave, which the Reno City Council is expected to review in April.

Jim Morris, chief of staff for San Bernardino Mayor Pat Morris, said he is unable to talk about personnel matters but that the council is "in the final stage" of selecting a new city manager.

He declined to say how many candidates the pool has been narrowed to, or whether an offer has been extended to any of them.

More than 30 applicants applied for the position

Whomever is chosen will replace interim City Manager Mark Weinberg, who started work here in October after a two-year stint as city administrator in Inglewood.

The Associated Press contributed to this report.

The City Council voted 4-2 tonight to rehire Police Chief Michael Billdt and assistant chief Mitch Kimball as contractors.

By technically retiring, Billdt and Kimball will be able to collect pension benefits from the state while also earning a wage from the city.

Councilmen Dennis Baxter, Tobin Brinker, Chas Kelley and Rikke Van Johnson voted to retain Billdt and Kimball.

Councilwomen Esther Estrada and Wendy McCammack voted against the plan.

And they're not happy.

Here are some quotes from the public comment portion of Tuesday night's City Council meeting. The public spoke before the council authorized 55 layoffs and other budget cuts.

No layoffs were approved for Police and Fire, but Animal Control, Code Enforcement, Development Services, Facilities Management, Information Technology, Library, Parks Recreation and Community Services and Public Services are all slated to lose personnel.

The quotes are presented in the order the speakers approached the council. Not all speakers are included.

The City Council voted 4-1 tonight to approve a package of budget cuts that includes the firings of 55 employees.

Parks maintenance workers will be hit particularly hard. No layoffs were approved for police or firefighters.

The city faces a $9 million operating deficit for the remaining months of the fiscal year.

Councilmen Dennis Baxter, Tobin Brinker, Chas Kelley and Rikke Van Johnson voted for the cuts. Councilwoman Wendy McCammack cast the only "no" vote. Councilwoman Esther Estrada was not present at the meeting, and Mayor Pat Morris said she was ill.

The council cast their votes after listening to about two hours worth of statements from police, parks employees, public services workers and others who were worried about the effects of cutbacks.

The council is scheduled to meet again Thursday for a special meeting to discuss police furloughs.

More to follow in the morning.

San Bernardino scuttlebutt that found its way to the newsroom Wednesday night had it that a police officer or police officers had threatened to arrest the City Council members who serve on the Budget Ad Hoc committee for an alleged violation of the Brown Act.

Previous postings on SB Now look at the controversy as to whether Wednesday's meeting would have been proper under California's open meetings law. 7th Ward City Councilwoman Wendy McCammack, who is not a member of the committee said she was present at the meeting site and that talk of arrests was meant sarcastically.

"It was a tongue in cheek kind of a joke," McCammack said. She said she did not know who cracked the reported wisecrack.

The meeting was never called to order. Interim City Manager Mark Weinberg wrote in an email that he canceled the meeting to afford more time to consider a cost savings proposal from Police Chief Michael Billdt that is being touted as a way to potential reduce layoffs of sworn police officers.

"I was not threatened in any way with respect to the meeting,." Weinberg wrote. "We convened the meeting, only for me to report to the Budget Ad Hoc Committee members that just 90 minutes earlier I received a report from the Police Chief which could have significant impact on my budget recommendations, and that I needed more time to digest it. I understand
there were predictions of some drama surrounding the meeting; however the brief meeting went without incident.

"Because of the compression of time between now and the MCC budget study session on February 17th, it is unlikely I will be able to reschedule an Ad Hoc Committee meeting. I
will likely seek input from one or more Council Members, without convening a meeting, and in full compliance with the Brown Act," he continued.

The council's next meeting is set for Feb. 17.

Revised version of story posted at 5 p.m. to include late-breaking developments.

By Andrew Edwards
Staff Writer
SAN BERNARDINO -- A Wednesday night budget meeting that would have included City Council members was called off as tensions rise in the face of deep spending cuts.

Third Ward Councilman Tobin Brinker, who serves on the committee that would have met Wednesday night, said late Wednesday that interim City Manager Mark Weinberg needed more time to communicate with city employee unions.

"He didn't feel it would be a very fruitful meeting if we didn't have that information to put into the report," Brinker said.

But prior to the meeting, there was disagreement among San Bernardino's politicos as to whether the meeting would have been legal.

Three members of the City Council serve on the Budget Ad Hoc Committee, which was scheduled to meet privately Wednesday to discuss current financial issues. San Bernardino has three council members on a standing Ways and Means Committee that also talks about money.

On Tuesday, 1st Ward Councilwoman Esther Estrada wrote a letter to City Attorney James F. Penman asking if the city risked violating the Brown Act, California's open meetings law, by having the same membership on each committee.

But Estrada's letter was based on incorrect information. Council members Brinker, Tobin Brinker and Chas Kelley serve on Ways and Means. Brinker, Kelley and Councilman Rikke Van Johnson and Mayor Pat Morris serve on the budget committee.

Interim City Manager Mark Weinberg said early Wednesday that the difference in membership makes the issue moot.

But Terry Francke, general counsel for Californians Aware, said it could appear as if having two committees where financial issues are discussed is a way for the city to get around open meetings requirements.

Estrada could not be reached for comment Wednesday. Penman had a sentiment similar to Francke's.

"The only reason I can think of is to avoid complying with the Brown Act," he said.
Weinberg and mayoral chief of staff Jim Morris pointed out before Wednesday's meeting reasons why they believe the budget committee is exempt from the Brown Act. The committee is formed by Weinberg, not the council, only plays an advisory role and does not include a quorum of the council.

Tempers have been a little hot as officials face proposals that include firing cops, firefighters and parks maintenance staffers.

Kelley said he has been in office since 2004 and the newly-raised objections to the budget committee -- set to meet Wednesday night -- have not been voiced during his tenure.
"Past practice is what I would refer to," Kelley said.

Kelley is chairman of Ways and Means. He said that committee has recently discussed individual money issues but not the overall budget.

By Andrew Edwards
Staff Writer
SAN BERNARDINO -- Much of the work that goes into crafting the city's budget happens behind closed doors.

It probably goes without saying that the city staffers who are responsible for crunching financial numbers don't do their jobs before an audience, but three members of the City Council also serve on an advisory committee that meets privately to discuss budget issues.

The council has acted this way before, but the closed-door meetings are now the subject of a new flare up among the city's politicos as officials grapple with an array of unpopular options intended to solve a $9 million deficit.

San Bernardino has a standing Ways and Means Committee and a Budget Ad Hoc committee. The phrase "ad hoc" refers to issues that are handled on a one-time basis, although the budget is something that city officials have to tackle every year.

Tuesday, 1st Ward Councilwoman Esther Estrada wrote a letter to City Attorney James F. Penman asking if the city risked violating the Brown Act, California's open meetings law, by having the same membership on each committee.

But Estrada's letter was based on incorrect information. Councilmembers Dennis Baxter, Tobin Brinker and Chas Kelley serve on Ways and Means. Brinker, Kelley and Councilman Rikke Van Johnson and Mayor Pat Morris serve on the budget committee.

Interim City Manager Mark Weinberg said early Wednesday that the difference in membership makes the issue moot.

He and mayoral chief of staff Jim Morris pointed out reasons why they believe the budget committee is exempt from the Brown Act. The committee is formed by Weinberg, not the council, only plays an advisory role and does not include a quorum of the council.

But Terry Francke, general counsel for Californians Aware, said it could appear as if having two committees where financial issues are discussed is a way for the city to get around open meetings requirements.

Estrada could not be reached for comment Wednesday. Penman had a quote similar to Francke's.

"The only reason I can think of is to avoid complying with the Brown Act," he said.

But tempers have been a little hot as officials face proposals that include firing cops, firefighters and parks maintenance staffers.

Kelley said he has been in office since 2004 and the newly-raised objections to the budget committee -- set to meet Wednesday night -- have not been voiced during his tenure.
"Past practice is what I would refer to," Kelley said.

Kelley is chairmen of Ways and Means. He said that committee has recently discussed individual money issues but not the overall budget.

Here's the story I wrote that takes our first look at how budget cuts could affect the Parks, Recreation and Community Services Department.

Seventh Ward Councilwoman Wendy McCammack criticized interim City Manager Mark Weinberg during budget talks Monday night for what she sees as a failure to seek additional revenue enhancements.

McCammack maintained that the city should engage in more aggressive code enforcement and inspection efforts, thereby maximizing fee and fine revenues while cleaning up the city. She singled out a proposal to impose a new $80 fine for illegal signs when the city's administrative civil penalties law carries a provision for a maximum fine of $1,000 per day for any violation of the municipal code.

"Why would you undercut yourself if you've already got the legislative power to fine more?," asked McCammack, who has taken the position that the city should pursue new revenues before considering layoffs.

Weinberg and Mayor Pat Morris issued sharp rebukes to McCammack's suggestion. Weinberg asked McCammack if being pro-business, she would really want to start handing out $1,000 fines in the middle of a recession.

Morris, a former judge, maintained that such a hefty penalty for a sign violation is disproportionate to the offense.

"You're talking about people paying a $1,000 fines for minor infractions, and no judge worth his salt is going to enforce this," he said.

The proposed $80 fine for illegal signs could raise $45,000 in Fiscal 2009-10, according to Weinberg's office.

During Monday night's budget talks, 1st Ward Councilwoman Esther Estrada said an unnamed entity has expressed interest in purchasing the Norton Recreation Center, which is near San Bernardino International Airport.

The rec center and Galaxy Grand Ballroom or slated for closure in interim City Manager Mark Weinberg's new budget cut proposal. The move would lead to a pair of layoffs and is projected to save about $40,000 between April 1 and June 30.

City Finance Director Barbara Pachon said staffers are compiling a list of real estate that could be sold, although Weinberg said it could be difficult to close land deals quickly in the current economic climate.

However, Estrada emphasized that the city may have a ready buyer and that she wants officials to move quickly to sell surplus land when possible.

Mayor Pat Morris said it may be difficult to sell the property under current federal law because the U.S. Air Force gave the facilities to San Bernardino for recreational purposes after the closure of Norton Air Force Base. Morris said he would contact Reps. Joe Baca and Jerry Lewis regarding any necessary legislative action to allow a sale.

Here's the story I submitted for Wednesday's edition of The Sun on proposed budget cuts.

Bureaucrats often use surgical metaphors to describe budget cuts.

When finances are a little tight, administrators talk about "cutting the fat."

When things get really bad, there's talk about "cutting into the bone."

But San Bernardino needs take the metaphor to a new level to describe the city's financial surgery. The municipal patient is being prepped for an operation that will include the removal of organs and muscle, the amputation of a limb or two and an old-fashioned bleeding.

The City Council set the course Monday night for a round of budget cuts that could include major layoffs, including the letting go of many sworn police officers and firefighters.

Interim City Manager Mark F. Weinberg is also seeking the council's approval to lop off some city department heads. The cuts are part of an attempt to solve a $9 million budget gap by the end of the year.

The council voted 5-1 to allow Weinberg and department chiefs to prepare layoff notices. The council's action also cleared the way for city administrators to prepare work schedules commensurate with a four-day work week.

7th Ward Councilman Wendy McCammack, who said she objected to city officials move toward layoffs without seeking additional revenue sources, cast the sole "nay" vote.

Police and firefighters can't stop working on Fridays so Weinberg wants to negotiate with the unions so safety personnel take a 10 percent pay cut. He said that if cops and firefighters refuse the pay cut, there will be more layoffs within public safety.

Here is how the proposed payroll cuts break down:

- Animal Control could lose eight positions after July 1 if the city ends contract services to Fontana and Colton.

-The City Clerk's office faces the loss of one customer service representative.

- The Code Enforcement Director's position could be eliminated. Code Enforcement could also lose three officers

- Development Services could lose 17 people.

- The Facilities Management Director could be cut.

-The Fire Department could be cut by 10 firefighters and an administrative assistant.

-In Information Technology, the director's position and four others could be eliminated.

- The Library Department could be slashed by eight positions.

- The Mayor's Office would lose an Assistant to the Mayor

- The Parks, Recreation and Community Services Department would 36 employees.

- The Police Department could lose 29 cops can 7 support employees. Proposed reductions to the sworn officer force include the loss of four sergeants and five detectives.

- The Public Services Department would lose two traffic signal technicians.

According to Weinberg's analysis, that's not the worst case scenario. If the police and fire unions refuse pay cuts, he proposes the following additional cuts

- Twelve firefighters and a battalion chief from the Fire Department,

-One captain, three sergeants, two detectives, 14 officers and eight civilian employees from the Police Department,

- Two Parks employees

- Four Public Services employees

In terms of city services, proposed cuts would entail the closure of the eastside Operation Phoenix Center, the summertime closure of all city swimming pools except those at the Jerry Lewis Swim Center and the temporary closure of all three city branch libraries.

More to follow Tuesday.

Last week's kerfuffle over a proposal to ease the city's restrictions against 99 cent and convenience stores calmed down Tuesday when the council's legislative committee was able to make a deal that make it easier for discount stores to set up shop in San Bernardino.

The committee consists of 3rd Ward CouncilmanTobin Brinker, 6th Ward Councilman Rikke Van Johnson and 7th Ward Councilwoman Wendy McCammack. At a special meeting Tuesday, the three agreed that developers planning 99 cent stores could submit their proposals to the city as long as those stores have at least 15,000 square feet of space.

At present, new 99 cent stores are generally prohibited under a moratorium designed to create a legal force field blocking 12 types of businesses that city officials say contribute to blight. Such businesses include tatoo parlors, smoke shops and small tire shops.

During the Jan. 20 City Council meeting, officials engaged in a heated argument over Brinker's proposal to change the moratorium. Brinker was particularly incensed that the City Attorney's Office declared that his idea - allowing the council to make case-by-case exemptions to the moratorium - would be unconstitutional on the basis that a lack of objective criteria would violate developers' due process.

But a 15,000 square foot minimum would establish an objective standard for any developer seeking an entitlement for a new 99 cent store. A revised law to allow for that change could go before the committee in February.

The question of how to revise the moratorium may be revised in favor of convenience stores has yet to be answered.

The City Council voted Tuesday to spend nearly $78,000 on four new Ford F-250 pickup trucks for San Bernardino's new anti-graffiti team.

The vendor in the deal is San Bernardino-based Fairview Ford.

The council voted 4-2 to approve the spending request. Councilmen Dennis Baxter, Tobin Brinker, Chas Kelley and Rikke Van Johnson cast "yes" votes. Councilwomen Esther Estrada and Wendy McCammack voted "no."

McCammack was unhappy about the prospect of the cash-strapped city spending money on new trucks. Public Services Director Ken Fischer responded that the city did not have suitable used vehicles in the city fleet.

Also on Tuesday, the council voted to appoint five employees to the new anti-graffiti team.

The city's steps to create a new anti-graffiti squad follow the council's controversial move to end its contract with Los Padrinos, a San Bernardino organization that employed troubled youth to abate graffiti.

None of the new employees came from Los Padrinos, Fischer said.

The question of whether City Hall should relax current restrictions on new convenience or discount stores prompted a few bitter words Tuesday night as council members argued over whether some kinds of businesses should be allowed to set up shop in San Bernardino.

Councilmen Tobin Brinker and Chas Kelley were unsuccessful in their attempt to ease restrictions against convenience and overstock stores. Those types of businesses are two of 12 classes of businesses that are banned or restricted under a current moratorium. The theory behind the moratorium is the idea that some stores attract shady customers who cause problems.

Brinker and Kelley wanted new laws to allow the council to OK convenience and discount stores on a case-by-case basis.

But the two could not muster their colleagues' support to change the law Tuesday night. The four other council members present - Esther Estrada, Dennis Baxter, Rikke Van Johnson and Wendy McCammack - voted to send the issue back to the council's legislative committee for more work.

During Tuesday's debate, Brinker maintained that forbidding convenience stores stifles commerce.

"This is the kind of anti-business attitude that makes it hard to bring people to this city," Brinker said.

But the City Attorney's Office refused to sign off on the proposal, asserting that such case-by-case decision making would be so lacking in clear and equally enforceable standards as to be unconstitutional.

"We feel the proposed ordinance lacks objective standards and is therefore vague and ambiguous," said Henry Empeno of the City Attorney's Office.

Brinker and Kelley were unwilling to accept that argument. The proposal to ease the moratorium has been on the table since last year and in their opinion, the legal team's objections came too late in the game to be reasonable.

"It's very unprofessional and I'm shocked," Brinker said to Empeno.

As the meeting went on, McCammack and Kelley accused each other of acting like children.

McCammack also charged that Brinker and Kelley were attempting to pass "a joke of an ordinance ... to get in the good graces of certain developers."

The council voted to send the issue back to committee after Mayor Pat Morris implored those on the dais to refrain from personal attacks.

Whether the proposal dies a bureaucratic death in committee or returns to the dais remains to be seen.

The hiring freeze proposed by interim City Manager Mark Weinberg is official, but not through any action of the council.

Weinberg says the city faces a $12 million shortfall during its current fiscal year.

City Attorney James F. Penman asked the council to ratify the hiring freeze - announced in a memo to other city officials by Weinberg in mid-December - out of an "abundance of caution." His stated concern is that the City Charter does not grant Weinberg the power to enact a hiring freeze, and he argued that a decision to stop hiring employees because of a revenue problem is in essence a a budget amendment that should require council approval because.

Weinberg for his part, contended that his job as San Bernardino's top administrative professional requires him to have enough independence to decide when public funds can and cannot be spent prudently. In his view, the hiring freeze is an administrative decision, not a policy change.

After about an hour's worth of debate, the council voted 4-2 not to vote. 2nd Ward Councilman Dennis Baxter, seconded by 3rd Ward Councilman Tobin Brinker, moved to table the question of whether the council should ratify the hiring freeze. 5th Ward Councilman Chas Kelley and 6th Ward Councilman Rikke Van Johnson agreed.

Mayor Pat Morris did not need to cast a tie-breaking vote but agreed with Weinberg's view that the city manager should have the independence to make decisions like a hiring freeze without needing the council's approval.

"No" votes were cast by 1st Ward Councilwoman Esther Estrada and 7th Ward Councilwoman Wendy McCammack. Estrada and McCammack both agreed with Penman's interpretation of the law, expressed concern about diminishing city services and insisted that Weinberg produce a report to explain how the freeze will affect the city.

As of Monday night, it was unclear which services would be affected. Public safety is not a sacred cow, and Police Capt. Scott Paterson said in a telephone interview that there is a strong likelihood that the city will not meet its objective of hiring the 40 new officers promised under the Measure Z tax by June 30.

Today's City Council agenda includes an action item to ratify "a freeze on hiring, travel and training for Manager-Directed Departments" that interim City Manager Mark F. Weinberg sought to impose in mid-December.

The decision is part of the day's Consent Calendar, i.e. a package of decisions that city staffers recommend for approval by a single vote. Often these matters are considered routine aspects of city business but in San Bernardino, council members often choose to pull items from the Calendar to discuss specifics.

It's not a foregone conclusion that the council will ratify the hiring freeze, but it given the deteriorating economy, it seems likely.

Mynisha Crenshaw, 11, was murdered in Nov. 2005. This reporter joined The Sun in Jan. 2006 the reaction to the crime was still a frequent topic of news coverage. Much of 2006 was a grim year, as youths continued to fall in San Bernardino.

Sunday's retrospective piece, "Turning Point," provides some time to reflect on the news of the past three years. Here are some thoughts:

1. In the face of the recession, crime remains San Bernardino's most serious issue. Although Police Department statistics show that crime has dropped through 2008, but the numbers tell the story of a very bad situation improving to the status of being not quite as bad.

For example, SBPD reports that through November 2007, there were 44 criminal homicides in the city. Through November of this year, police report 32 criminal homicides occurred. That's still a lot, and city officials' may not face a more important decision in 2009 than who will serve as San Bernardino's next police chief. Current chief Michael Billdt has said he will retire in March.

2. Although official numbers show that crime is down this year, it's possible that Mayor Pat Morris may have made a political miscalculation earlier this year when he announced that crime was is at its lowest in San Bernardino since 1985.

Aside from setting off a debate between himself and Councilwoman Wendy McCammack over statistical methodology, it's somewhat doubtful that even though police report a decrease in crime, the average San Bernardino resident feels significantly safer now than during 2006 or 2005. Even if the mayor's calculations were dead on, Morris was at his political best in 2006 when he constantly made his case that the city needed to do more about crime and that San Bernardino needed more resources.

That style of leadership was crucial in convincing voters to pass the Measure Z sales tax hike. Residents aren't likely to say "yes" to any new taxes while the national economy is suffering as it is now, but the point isn't whether people are willing to pay even more for crime fighting.

People generally seem to respond better to vibrant leaders who ask their constituents to rise to the challenges of the day (FDR, Reagan) rather than those who bemoan a crisis of confidence or make premature declarations of "mission accomplished." Morris may be able to rally more public confidence in the city's direction in the coming year if he returns to his 2006 leadership style rather than rest the laurels on short-term improvements.

3. This summer's molestation scandal does not mean that the underlying concepts behind Operation Phoenix are flawed. Community center Mike Miller's July 2008 arrest on suspicion of child molestation opened the door to serious criticism of Phoenix, but it would be premature to close the door on Morris' efforts to make crime prevention a core element of city services.

Morris responded to Miller's arrest by restructuring Phoenix's management structure and it became clear though news reports that the chain of command needed improvement. Another fact that came to light is that the city's Parks, Recreation and Community Services department - essential to the youth services that are part of Phoenix - was severely underfunded over the years when compared to other San Bernardino departments.

The city's current budget crisis and political fallout from this summer's events do not seem to be reasons enough to scuttle the program. McCammack has repeatedly made the case that Phoenix-related youth programs may not result in dividends for several years, and she's right that money is going to be scarce. But as the City Council approaches the challenges of drafting the city's next budget, a strong case could be made to establish crime prevention programs apart from essential police services as a core component of city operations.

Fire prevention is recognized as a key aspect of city government and it would be hard to imagine any excising fire inspectors from its budget. Whether or not the crime prevention strategies that are currently part of Phoenix are the best strategies for the city could be subject to debate, but while attending an anti-gang meeting earlier this year in Apple Valley, this reporter observed what seemed to be a consensus among law enforcement that authorities cannot simply arrest society's way out of the gang problem.

Indeed, the budget shortfall could even serve as an opportunity for the city's elected officials to engage in a hard-nosed discussion and determine a baseline for city resources devoted to crime prevention strategies. Anticipating a long term approach, City Hall can plan for how resources can be allocated to recreation and youth services over the long term.

Here are memos and letters related today's story on the City Council's decision to cancel San Bernardino's contract with Los Padrinos in favor of a city run anti-graffiti team.

Los Padrinos documents.pdf

Several commenters have made their case today on SB Now that Fifth Ward Councilman Chas Kelley's reason for supporting a city takeover of graffiti abatement stems to his beef with Los Padrinos Youth Services over trees that were planted - and died - in the area around where E Street becomes Kendall Drive, near Castaway Restaurant.

"If anyone's saying it's about trees, that's bunk," Kelley said.

The scuttlebutt among those who think Kelley has something personal against Los Padrinos seems to be based on the idea that Kelley wanted trees planted near the restaurant and when the landscaping failed to thrive, decided to have Los Padrinos run out of town.

Los Padrinos has contracted with San Bernardino for several years to remove graffiti around town. The organization's tool kit includes a water sprayer and Kelley and Los Padrinos director Max Alonso both said that cleanup crews for a time were tasked with watering the new landscaping. The events happened back in 2007, Alonso said.

Kelley's account of the story is that since Los Padrinos could not legally stop their trucks on the curvy road near the trees to water the plants, the trees could not be watered and died.

"Unfortunately, the trees died. I was disappointed but it wasn't Los Padrinos' fault," he said.

Alonso remembered things differently. Although he did not accuse Kelley of wanting to take away Los Padrinos' contract because of the trees, he said that he has not been on friendly terms with Kelley since the trees died..

On the broader issue of Los Padrinos' contract, Kelley said the reason he and others wanted city staffers to take over graffiti abatement is for quality control reasons. Kelley said he was dissatisfied with Los Padrinos' record keeping and although a city-run program will cost more, he echoed interim Code Enforcement chief Wayne Harp's assessment that San Bernardino will create a "Cadillac" program.

For example, Kelley said, city staffers who are set to begin working in January are expected to repaint entire walls that have been vandalized, rather than do patch up work with colors that may not match surrounding paint.

He further argued against the notion he sought to kill Los Padrinos' contract out of spite because two other council members and Mayor Pat Morris (breaking a 3-3 tie) also cast votes on Nov. 3 to make graffiti abatement a city-run operation.

"If this was just a Chas Kelley thing it would have crashed and burned," he said.

Sixth Ward Councilman Rikke Van Johnson was appointed as Mayor Pro Tempore by a 4-2 council vote Monday night.

Generally, a council member in any city holding the Mayor Pro Tem position assumes the mayor's duties at city council meetings whenever the mayor is absent. The posting is little more than honorific that council members give to a respected colleague.

San Bernardino is different. As Mayor Pro Tem, Johnson will have authority to decide who among his five council colleagues will sit on the various committees that focus on specific city issues like the budget, law enforcement and new laws.

That power was previously held by First Ward Councilwoman Esther Estrada, who had the authority to make committee assignments by virtue of her status as the longest-serving member of the City Council.

The council made the decision to choose who gets to make committee assignments in October. Estrada and 7th Ward Councilwoman Wendy McCammack decried the move as a power grab. Their argument was that Estrada was being punished for seeking to use the council's rarely exercised subpoena power to investigate Operation Phoenix.

Third Ward Councilman Tobin Brinker pushed for the change. He said at the time that his idea was not about Operation Phoenix but making the council more democratic.

The council did not issue any subpoenas. Estrada and McCammack were the only members to support the plan. Operation Phoenix is an anti-crime program involving police, recreation and other programs that was dogged by scandal after recreation supervisor Mike Miller was arrested in July on suspicion of child molestation. He has been charged with more than twenty felony counts and has pleaded not guilty.

Estrada and McCammack repeated their line of thinking Monday, and Estrada accused Johnson of working against her in exchange for the chance to hold a leadership position.

"I was never, to put it simply, double-crossed until now," said Estrada, who lamented that a history of close cooperation between herself and representatives of the 6th Ward (both contain Westside neighborhoods) has come to end.

"May you enjoy your title, and whatever that comes with it, up to and including tearing up the special relationship that has always existed between the council members of the 1st and 6th wards," she said.

Johnson did not address Estrada's accusations Monday. After being named to the post, he said it will be his plan to rotate committee memberships "so they (council members) won't feel that by sitting on a committee for a long time that they have taken ownership of the committee."

In an interview Tuesday, Johnson denied that he voted to reduce Estrada's role within the council to elevate himself. He said having the council select its own leader is a better way to run city business.

"Just because it's tradition doesn't mean it's the best way of doing things," he said, adding his view that giving his colleagues a chance to serve on new panels will make them smarter.

"You learn more about the functions of the city in those different capacities," he said.

Johnson also acknowledged that his political relationship with Estrada "may be broken down."

"Whether we always have a relationship, maybe, maybe not," he said. "I don't have anything against her. I've learned a lot from her."

The council voted tonight to allow the hiring of seven new employees to take over graffiti abatement.

The vote was a touchy subject because the plan could spell the end of Los Padrinos Youth Services, a contractor that has previously been San Bernardino's on-call force to clear away tagging.

The council voted 4-2 to greenlight the hiring plan. Councilmen Dennis Baxter, Tobin Brinker, Chas Kelley and Rikke Van Johnson voted for the move.

Councilwomen Esther Estrada and Wendy McCammack voted no.

Los Padrinos director Max Alonso did not speak at the council meeting. He has previously said that losing the San Bernardino contract could be the end of his organization.

City officials said during the night's discussions that Alonso has planned to retire. SB Now will attempt to contact Alonso during business hours Tuesday for more information.

The council's action allows the Public Services Department to hire six new maintenance workers and a new lead maintenance worker. The hires are expected to cost $637,000 over the first six months of 2009.

Los Padrinos Youth Services has given former offenders a chance to find jobs clearing up graffiti. Carolina Chavez, who spoke in favor of the contractor, said before the council voted that she objected to the plan because people who have worked for Los Padrinos will not be able to work for the city.

"They all applied," she said. "Within a week they all received a decline letter because of their records."

Mayor Pat Morris said there may be some possibility that Los Padrinos could survive as a nonprofit that the city would hire to board up vacant properties. As of tonight, that idea was more of a concept than a plan.

Kelley, who represents the city's Fifth Ward, maintained that Los Padrinos has failed to adequately clean up graffiti. He said vandalism in the downtown area is an embarrassment to the entire city.

"Business provide services and goods, and when they don't provide services and goods efficiently they go out of business," Kelley said.

He added his view that the city wasn't getting its money's worth for the $59,000 per month that Los Padrinos received.

Taking graffiti abatement operations in house will be more costly for San Bernardino than contracting with Los Padrinos. Brinker, who represents the Third Ward, said that the plan will allow San Bernardino officials to have more control over the quality of graffiti removal work.

McCammack opined that the move will not work out. She said she was concerned that San Bernardino may not be able to afford the costs of keeping the new maintenance workers on staff.

She also maintained the new plan abandons the rehabilitation efforts that were part of Los Padrinos' approach.

"I'd rather give it to Los Padrinos, at least they keep people off the street," McCammack said.

Here's a followup to our story on former Operation Phoenix director Glenn Baude's decision to retire. This is an extended version of the article that will appear in The Sun.

Baude was under a gag order for much of the time that Phoenix-related developments and controversies dominated the news during the summer. He's now able to speak his mind.

Note: Comments from Councilman Tobin Brinker and Rikke Van Johnson were added on Monday, Dec. 1.

By Andrew Edwards
Staff Writer
SAN BERNARDINO -- Glenn Baude, the former leader of the city's Operation Phoenix program, says he's never been told whether any specific error on his part killed his career with the
city.

"I'm still wondering what I did wrong," Baude said Wednesday.

Baude has been cleared of wrongdoing by a pair of official investigations, but has nonetheless chosen to retire after spending about three months on administrative leave.

Now free to discuss Operation Phoenix-related matters that he was previously forbidden to talk about, Baude acknowledged that he and others made some mistakes in the difficult days after youth center manager Mike Miller was arrested on suspicion of child molestation.

But he also maintained that Operation Phoenix remains a worthy program to reduce crime and improve the lives of San Bernardino youth.

And he's worried that this summer's controversies have dealt too grievous a blow to the anti-crime initiative.

"You've destroyed a program that was the best program we've ever had in my tenure," he said.

Baude also served as the city's Code Enforcement director until being placed on paid leave in late July. He was Mayor Pat Morris' Operation Phoenix point man for about two years before the allegations against Miller inflamed city politics.

]By Andrew Edwards
Staff Writer
SAN BERNARDINO -- A new anti-graffiti team will be be hired to clean up vandalism across town following the City Council's decision to adopt a new clean up plan.

Mayor Pat Morris broke a 3-3 tie among the City Council on Monday to allow the Public Services Department hire a five-person team to clean up graffiti. The move diminishes the role of Los Padrinos Youth Services, a contractor that City Hall has entrusted for the past several years with anti-graffiti efforts.

Los Padrinos takes in youthful offenders who have been sentenced to community service and puts them to work cleaning up graffiti. Although city officials want to continue their relationship with Los Padrinos after taking graffiti cleanup in-house, Los Padrinos director Max Alonso said losing the graffiti contract will kill his organization.

"Dec. 31, we've got to close the doors and go out of business," Alonso said in a telephone interview before Monday's meeting.
\
The new anti-graffiti team can begin work in January.

City Hall is willing to offer Los Padrinos a contract to clear away weeds and perform similar beautification services, but Alonso said the proposed $125,000 deal for the first six months of 2009 won't be sufficient to cover his costs.

City officials would be willing to double that amount to $250,000 if Los Padrinos would be able to do beautification work in the 2009-10 budget year. However, 7th Ward Councilwoman Wendy McCammack was sympathic to Los Padrinos' position that City Hall is not offering enought money to keep the organization alive.

"The math doesn't work," said McCammack, who voted against the new anti-graffiti plan.
Los Padrinos has worked with San Bernardino since 1992 and about 1,200 "troubled kids" have worked with the organization since then.

But 5th Ward Councilman Chas Kelley, one of three members of the counci's police committee who recommended the new plan, countered that the public's money would be better spent if the city took over clean up work.

"We pay nearly $49,000 a month," he said during the meeting. "And nearly everywhere you drive in this city you see graffiti."

In addition to eliminating graffiti, Los Padrinos' current $588,000 contract requires the organization to board up abandoned buildings. Los Padrinos has reported to the city that they cannot afford to complete all necessary board-ups and city officials are also not confident that Los Padrinos adequately keeps records of their anti-graffiti efforts.

The new city-run plan is expected to cost $679,000 for the first six months of 2009 and $995,000 for the subsequent fiscal year.

Alonso has put forth his own proposal for a $755,000 per year contract that would allow Los Padrinos to have more people put to work against graffiti.

Interim City Manager Mark Weinberg said during Monday's meeting that he had received a letter from Alonso regarding the latter's expectation that the city's move could force Los Padrinos to close down.

Weinberg maintained that taking graffiti removal in-house would be more efficient than relying on Los Padrinos. However, he, Morris and the council generally agreed that they want Los Padrinos to remain a viable organization in the city.

"They provide a very important social service in the community," said 3rd Ward Councilman Tobin Brinker, who voted for the new plan.

The San Bernardino County Board of Supervisors is scheduled to vote Tuesday to approve incoming supervisor Neil Derry's hiring of current City Council colleague Chas Kelley.

Derry, who represents San Bernardino's 4th Ward (northeast neighborhoods) until December, is set to be sworn in as the county's 3rd District supervisor in December.

Kelley represents the city's 5th Ward (northwest neighborhoods). Derry and Kelley are both on the conservative-leaning side of the council.

Kelley's annual salary will be $125,135, including benefits if the board approves his hiring.

The City Council is scheduled to consider today whether to create a new anti-graffiti team.

The city currrently contracts with Los Padrinos Youth Services for graffiti removal. Los Padrinos employs youths serving community service time to clean up vandalism.

The plan under consideration would have the city create a five person team within the Public Services Department to clean up tags.

The plan would cost $679,000 for the first six months of 2009. The city currently spends $588,000 annually on its contract with Los Padrinos.

Los Padrinos director Max Alonso has proposed to city officials that increasing the value of his organization's contract to $755,000 per year would enable Los Padrinos to enhance its services and make up for increased operational costs.

However, city officials are now poised to make graffiti removal an in-house operation. City Hall staffers are prepared to offer Los Padrinos a $125,000 contract for weed removal, but Alonso said that's not enough to keep Los Padrinos alive.

"December 31, we've got to close our doors and go out of business," Alonso said.

The City Council is scheduled to consider today whether to create a new anti-graffiti team.
The city currrently contracts with Los Padrinos Youth Services for graffiti removal. Los Padrinos employs youths serving community service time to clean up vandalism.

The plan under consideration would have the city create a five person team within the Public Services Department to clean up tags.

The plan would cost $679,000 for the first six months of 2009. The city currently spends $588,000 annually on its contract with Los Padrinos.

Los Padrinos director Max Alonso has proposed to city officials that increasing the value of his organization's contract to $755,000 per year would enable Los Padrinos to enhance its services and make up for increased operational costs.

However, city officials are now poised to make graffiti removal an in-house operation. City Hall staffers are prepared to offer Los Padrinos a $125,000 contract for weed removal, but Alonso said that's not enough to keep Los Padrinos alive.

"December 31, we've got to close our doors and go out of business," Alonso said.

Seventh Ward Councilwoman Wendy McCammack said today that she will not seek a District Attorney's investigation into whether other city officials violated the state's open meetings law.

"I think at this point, my conclusion, based on the evidence that I'm aware of, is not something the D.A. would file on," she said, adding that at least her allegations of improper behavior served as a notice of the importance of following California's mandatory processes for handling public business.

McCammack first voiced her allegations at an Oct. 6 City Council meeting while the body considered a proposal put forth by 3rd Ward Councilman Tobin Brinker that would have allowed the council to elect one of their own to a leadership position that's currently held by the body's most-senior official. At present, 1st Ward Councilwoman Esther Estrada fills that role.

The council approved Brinker's proposal at its Oct. 20 meeting. The council is now on pace to elect one its own as Mayor Pro Tem in March. Whoever is named to that post will have authority to appoint council members to various city committees.

During that meeting, McCammack alleged that the Brown Act's requirements had been somehow skirted to generate a consensus among council members prior to public discussion. Such action would violate law that prohibits local officials from meeting secretly in a group or holding a series of private talks that would render public meetings as nothing more than a formality.

Later on, McCammack accused Brinker and Mayor Pat Morris of failing to obey the Brown Act. Brinker and the Mayor's Office responded by saying McCammack's accusations were groundless.

Shortly after McCammack first alleged a Brown Act violation, City Attorney James F. Penman counseled that City Hall would be better served by a training session on Brown Act compliance than asking for an investigation.

McCammack said today that she wants such training to be held.

7th Ward Councilwoman Wendy McCammack said that she has tried to contact the District Attorney's office regarding a potential Brown Act violation, but it seems as if the Columbus Day holiday has delayed her efforts.

"Nobody's answering, so I'm assuming they're off today," she said.

McCammack also said a previous SB Now posting on the Brown Act issue had a slight error. It was previously reported here that she intended to meet with the DA's office today, but she said her only plans were to talk to officials from that office.

The question of a Brown Act violation was first brought up during the Oct. 6 council meeting. McCammack alleged then that the state's open meetings law was broken when she asserted that council members came to the meeting after discussing how to elevate one of their own to a leadership position on the council.

The leadership issue was not resolved, and other council members and the Mayor's Office have denied that any illegal activity occured.

City Attorney James F. Penman issued a press release last week in which he announced his opinion that the city could be better served by holding a training session on the Brown Act's requirements rather than asking county prosecutors to investigate whether any wrongdoing took place.

Mayor Pat Morris' difficulties with his city council have been well-documented. The boiling frustration has led many to speculate about what he may do this election season, with regular combatants like City Attorney James F. Penman, 7th ward Councilwoman Wendy McCammack and 5th ward Councilman Chas Kelley all facing voters.