HomeMy WebLinkAbout09-04-2007 MinutesCITY OF SAN BERNARDINO
300 N. `D " Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patrick J. Morris
Council Members:
Esther Estrada
Dennis J. Baxter
Tobin Brinker
Neil Derry
Chas Kelley
Rikke Van Johnson
Wendy McCananack
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
SEPTEMBER 4, 2007
COUNCIL CHAMBERS
The joint regular meeting of the Mayor and Common Council and Community
Development Commission of the City of San Bernardino was called to order by
Mayor/Chairman Morris at 1:45 p.m., Tuesday, September 4, 2007, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Roll call was taken by City Clerk Clark with the following being present:
Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Derry,
Johnson; City Attorney Penman, City Clerk Clark, City Manager Wilson. Absent:
Council Members/Commissioners Brinker, Kelley, McCammack.
Council Member/Commissioner Kelley Arrived
At 1:50 p.m., Council Member/Commissioner Kelley arrived at the Council/
Commission meeting.
Council Member/Commissioner Brinker Arrived
At 2:20 p.m., Council Member/Commissioner Brinker arrived at the Council/
Commission meeting.
1. Closed Session
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
1 09/04/2007
Winston Hazell English v. San Bernardino Police, et al. - United States
District Court Case No. EDCV 05-823 RGK (JWJ);
City v. Esther Solis - San Bernardino Superior Court Case No. CIVSS
703498;
R. Roger Wang, et al. v. Wal-Mart Real Estate Business Trust, et al. -
San Bernardino County Superior Court Case No. SCVSS 129158;
People v. Manta Management Corporation - San Bernardino Superior
Court Case No. SCVSS 117285;
Deanna Adams v. City, et al. - 4' District Court of Appeals No.
G038713 (San Bernardino Superior Court Case No. SCVSS 126708);
Ghassan Abdullah, et al. v. City, et al. - 4' District Court of Appeals
No. G038714 (San Bernardino Superior Court Case No. SCVSS
126706).
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of
Government Code Section 54956.9.
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9.
D. Closed Session - personnel - pursuant to Government Code Section
54957.
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities - pursuant to Government Code
Section 54957.
F. Conference with labor negotiator - pursuant to Government Code
Section 54957.6.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
City Attorney Penman announced that the following additional items would be
discussed in closed session:
Under Agenda Item 1A, Existing Litigation:
2 09/04/2007
Eva Walker v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. CIVSS 703417.
Under Agenda Item 1B, Significant Exposure to Litigation:
Agenda Item No. 10.
Reading of Resolutions & Ordinances
Deputy City Clerk Hartzel read into the record the titles of all the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and Community
Development Commission.
Moment of Silence
Mayor Morris requested a moment of silence in memory of the victims of the
September 11, 2001, terrorist attacks on New York City and Washington, D.C. and to
honor the memory of our native daughter, Cora Hidalgo Holland, and San Gorgonio
High School graduate Rhonda Rasmussen, both of whom lost their lives six years ago.
Invocation/Pledge of Allegiance
The invocation was given by Reverend Fred Adams of The Rock Church, followed by
the pledge of allegiance, led by D'Asia Mumphrey, a student at Ramona Alessandro
School.
2. Appointments
Bicentennial Ad Hoc Committee
• Valerie "Erin" Brinker - Council Member Brinker
• Alycia Enciso - Alternate Member - Mayor Morris
Community Television Commission
• Shukri "Shawn" Sakiri - Council Member Kelley
Human Relations Commission
• Christina Benjamin - Council Member Baxter
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Kelley, that the appointments of Valerie "Erin"
Brinker, Alycia Enciso, Shukri "Shawn" Sakiri, and Christina Benjamin, as
requested by Council Members/Commissioners Brinker, Kelley and Baxter and
Mayor Morris, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
3 09/04/2007
3. Proclamations & Presentations
Council Member/Commissioner Kelley presented a Certificate of Appointment
to Richard Castro, who was appointed to the Verdemont Trails Committee.
Wayne Austin, Executive Director of the San Bernardino Convention and
Visitors Bureau, and Andrea Winter, Director of Communications, provided
information regarding the upcoming Route 66 Rendezvous event.
Council Member/Commissioner Johnson made a presentation to Malcolm
Franklin, who has been selected as a member of the 2008 Olympic Boxing
Team.
Peggi Hazlett, Assistant to the Mayor, advised that Ray Gonzales from Southern
California Edison could not be present for his scheduled presentation on
"Operation Light Exchange" a halogen light exchange program that Edison will
be doing in the city of San Bernardino. For more information on this program
she suggested that residents call the Mayor's office at 384-5133. She stated that
Mr. Gonzales would be at the next Council meeting to present a new Graffiti
Abatement Program that Edison will be initiating here in the city.
4. Announcements
Announcements were made by the Mayor, members of the Common Council,
elected officials, and a representative from the Chamber of Commerce regarding
various civic, community, and chamber events and activities.
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and
Community Development Commission, be waived.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
6. Claims & Payroll
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the claims and payroll and the authorization
to issue warrants as listed in the memorandum dated August 14, 2007, from
Barbara Pachon, Director of Finance, be approved.
4 09/04/2007
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
7. Personnel Actions
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the personnel actions, as submitted by the
Chief Examiner, dated August 31, 2007 in accordance with Civil Service rules
and Personnel policies adopted by the Mayor and Common Council of the City
of San Bernardino, be approved and ratified.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
8. Item Deleted
9. ORD. MC-1254 - Ordinance of the City of San Bernardino adding Chapter
2.19 to Title 2 of the San Bernardino Municipal Code establishing a Youth
Advisory Commission. FINAL READING
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Baxter, that said ordinance be adopted.
Ordinance No. MC-1254 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson.
Nays: None. Absent: Council Member/Commissioner McCammack. -
10. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of an agreement between the City of
San Bernardino and Wells Fargo Bank N.A. for the provision of banking
services and the deposit of monies.
Staff requested that this item be continued to the next meeting.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be continued to the Council/
Commission meeting of September 17, 2007.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
5 09/04/2007
11. Resolution of the Mayor and Common Council of the City of San
Bernardino ratifying the retention of Atkinson, Andelson, Loya, Rudd &
Romo for legal services provided in the case of Evlyn Wilcox v. Kari Verjil
(Marianne Milligan, Real Party in Interest), San Bernardino County Superior
Court, Case No. CIVSS 705111.
City Attorney Penman declared a conflict due to the fact that the case involved
his opponent in the upcoming City election. He left the dais and was replaced
by Senior Assistant City Attorney Easland.
Ms. Easland advised that staff was requesting a continuance of this matter due to
the fact that the City had not received the final billing on this matter.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Brinker, that the matter be continued to the Council/
Commission meeting of September 17, 2007.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack. '
12. RES. 2007-366 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving an agreement with Caltrop Corporation for
provision of professional on -call engineering consulting services.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 2007/08 adopted budget and
transfer $16,700 from Salary and Benefits, Account No. 001-183-50XX, to
Professional/Contractual, Account No. 001-183-5502.
The motion carried and Resolution No. 2007-366 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker,
Derry, Kelley, Johnson. Nays: None. Absent: Council Member/
Commissioner McCammack.
13. Item Deleted
14. RES. 2007-367 - Resolution of the City of San Bernardino authorizing and
directing the execution of quitclaim deed for a sewer easement, to
Waterman BP, LLC, generally located east of Waterman Avenue between
Industrial Road and Commercial Road.
6 09/04/2007
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-367 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson.
Nays: None. Absent: Council Member/ Commissioner McCammack.
15. RES. 2007-368 - Resolution of the City of San Bernardino approving
Amendment No. 3 to Services Agreement with Jones & Stokes for provision
of professional environmental services for the design of the Mt. Vernon
Ave. Viaduct over the BNSF Railroad.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-368 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, ,Derry, Kelley, Johnson.
Nays: None. Absent: Council Member/ Commissioner McCammack.
16. RES. 2007-372 - Resolution of the City of San Bernardino amending
Resolution No. 655 entitled, in part, "A resolution... designating certain
streets, or portions thereof as through highways..." and establishing a four-
way stop at the intersection of Pennsylvania Avenue and Virginia Street.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2007-372 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson.
Nays: None. Absent: Council Member/ Commissioner McCammack.
17. RES. 2007-369 - Resolution of the City of San Bernardino authorizing the
execution of an agreement with Mercer Health and Benefits LLC to provide
broker and administration services for the City's Health Care Program for
a period of three years.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 2007/08 adopted budget to
reflect all employee health costs in the appropriate departmental budget and to
budget the administrative and broker fees in the General Government
Contractual Services budget.
7 09/04/2007
The motion carried and Resolution No. 2007-369 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker,
Derry, Kelley, Johnson. Nays: None. Absent: Council Member/
Commissioner McCammack.
18. RES. 2007-370 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an increase to Annual Purchase Order
Number 208213 in the amount of $92,001.00 to the County of San
Bernardino Solid Waste Management Division pursuant to 3.04.010 B-3 of
the Municipal Code for street sweeping and right-of-way crew waste fees.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-370 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson.
Nays: None. Absent: Council Member/ Commissioner McCammack.
19. RES. 2007-371 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an increase to Annual Purchase Order
Number 208234 to County of San Bernardino Solid Waste Management
Division pursuant to 3.04.010 B-3 of the Municipal Code for dump waste
fees utilized by the Public Services Department, Integrated Waste
Management Division.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-371 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson.
Nays: None. Absent: Council Member/ Commissioner McCammack.
20. Item Deleted
21. Proposed Mural Program and Pilot Projects
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Brinker, that the Mayor and Common Council approve
the mural pilot project sites; that the Director of Finance be authorized to amend
the FY 2007/08 budget to increase the transfer from the Cultural Development
Fund to the General Fund by $20,000, and appropriate an additional $20,000 in
General Government/Fine Arts and Cultural Affairs, Account No. 001-091-
5186; and that the proposed mural program be referred back to the Police Ad
Hoc Committee for further discussion.
8 09/04/2007
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
22. An Ordinance of the City of San Bernardino amending Sections 3.44.010
and 3.44.030 of the San Bernardino Municipal Code Chapter 3.44,
Telephone User's Tax to clarify original intent and remove obsolete
references. FIRST READING (Continued from August 6, 2007)
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Brinker, that the matter be continued to the Council/
Commission meeting of September 17, 2007.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/ Commissioner McCammack.
23. RES. 2007-373 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute a lease
agreement between the City of San Bernardino and Omnipoint
Communications Inc. for the lease of one thousand square feet (1000) of
land at Wildwood Park, 536 E. 401e Street. (Continued from August 20,
2007)
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Council Member/Commissioner Brinker stated that he thought the revenue
stream from this lease should go back into Wildwood Park.
Council Member/Commissioner Brinker made a substitute motion, seconded by
Council Member/Commissioner Kelley, that said resolution be adopted; and that
the revenue stream from this lease be designated for Wildwood Park.
City Manager Wilson stated that there is a second lease coming forward to the
Council for a different park location, and he cautioned the Council that while
the parks have needs, there are many other needs throughout the city. He stated
that if the Council was inclined to recommend that the money be appropriated
for park purposes, he would suggest that the Parks Director bring back a report
to the next meeting outlining specifically what we spend the money on as
opposed to simply amending the motion. That way we have some clarity on
where the money goes and over what time frame.
9 09/04/2007
Mr. Brinker said he would rather go ahead and move forward with the proposed
motion —that he liked the idea of creating a stable revenue source for the parks.
He added that if it would be better to say that it just goes to Parks and Rec, as
opposed to a specific park, he would be amenable to that.
Council Member/Commissioner Johnson stated that he agreed that the money
should go back into the parks; however, he would like the Parks Director to
have the flexibility to use the money wherever the need arises rather than to
have it designated for a specific park.
Council Member/Commissioner Estrada inquired whether this could be made
retroactive, because there are several of these towers in our parks.
Mayor/Chairman Morris stated that that might take some analysis.
Council Member/Commissioner Kelley stated that he thought all of the Council
would agree that the Parks Department does need funding, and it would be nice
to revisit what has been done in the past —and if that could be done, he would
support that. However, he thought the Council needed to take some leadership
and say that from this point forward they will do X, Y, Z; and Wildwood does
have some needs and he thought this would be a great opportunity to support
this park.
Council Member/Commissioner Brinker stated that he thought that having the
money go to a specific park would make it more easily accountable.
City Manager Wilson stated that in talking with the Parks Director one of the
big needs that he has identified is the need for park maintenance services
throughout the entire park system. He suggested that staff be given a chance to
look at this pot of money, as well as the upcoming lease agreement, and come
up with a way to identify the needs and hire more park maintenance people and
deal with all the issues of the system.
Mr. Brinker said he did not think that would be an issue.
The substitute motion made by Council Member/Commissioner Brinker,
seconded by Council Member/Commissioner Kelley, that said resolution be
adopted; and that the revenue stream from this lease be designated for
Wildwood Park carried; and Resolution No. 2007-373 was adopted by the
following vote: Ayes: Council Members/Commissioners Baxter, Brinker,
Derry, Kelley. Nays: Council Members/Commissioners Estrada, Johnson.
Absent: Council Member/Commissioner McCammack.
10 09/04/2007
24. RES. 2007-374 - Resolution of the City of San Bernardino authorizing the
City Manager to execute Services Agreements with Willdan Associates,
Interwest Consulting Group and Esgil Corporation for the provision of
professional building plan check services. (Continued from August 20, 2007)
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted; and that the City
Manager be authorized to execute Services Agreements with Willdan
Associates, Interwest Consulting Group, and Esgil Corporation, and that the
Purchasing Manager be authorized to issue annual purchase orders totaling
$450,000 in aggregate, with provisions for two single -year renewal options.
The motion carried and Resolution No. 2007-374 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker,
Derry, Kelley, Johnson. Nays: None. Absent: Council Member/
Commissioner McCammack.
25. RES. 2007-375 - Resolution of the City of San Bernardino amending
Resolution No. 6413, Section Thirteen, Temporary/Part-time Employees,
entitled in part "A Resolution ... establishing a basic compensation plan..."
by updating information codifying prior Council actions. (Previous action
was taken on this item on August 20, 2007, Item No. 44)
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-375 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson.
Nays: None. Absent: Council Member/ Commissioner McCammack.
26. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of an agreement and purchase order
with two one-year renewal options to Harris Computer Systems for
maintenance of the City's financial system. (Continued from August 20,
2007)
Note: No resolution was distributed with the backup materials.
Staff requested continuance of this item to the next meeting.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be continued to the Council/
Commission meeting of September 17, 2007.
11 09/04/2007
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/ Commissioner McCammack.
27. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of an agreement and purchase order
with two one-year renewal options to Accela, Inc., for maintenance of the
Permits+ system. (Continued from August 20, 2007)
Staff requested continuance of this item to the next meeting.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be continued to the Council/
Commission meeting of September 17, 2007.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/ Commissioner McCammack.
28. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of an agreement and purchase order
with two one-year renewal options to Sungard HTE for maintenance of the
Water Department's Financial and Utility Billing System. (Continued from
August 20, 2007)
Note: No resolution was distributed with the backup materials.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be continued to the Council/
Commission meeting of September 17, 2007.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/ Commissioner McCammack.
29. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of a Vendor Services Agreement and
issuance of a purchase order in the amount of $90,000.00 with two one-year
extensions at the City's option between the City of San Bernardino and
Peter John Container Repair for commercial bin repairs utilized by the
Public Services Department, Integrated Waste Management Division.
(Continued from August 20, 2007)
12 09/04/2007
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be continued to the Council/
Commission meeting of September 17, 2007.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/ Commissioner McCammack.
30. RES. 2007-376 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Mundell, Odlum & Haws and the City of San
Bernardino and San Bernardino Fire Department in the case of Richard
"Scott" Moss, et al. v. City of San Bernardino, et al.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-376 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson.
Nays: None. Absent: Council Member/Commissioner McCammack.
31. Workshop to discuss the Economic Development Agency Budget
Note: No backup materials were distributed.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that the matter be continued to the Council/
Commission meeting of September 17, 2007.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
32. RES. 2007-377 - Resolution of the City of San Bernardino authorizing the
law firm of Jones and Mayer to represent the Police Chief of the City of San
Bernardino in litigation intervening in the early release of State prison
inmates pursuant to the Prison Litigation Reform Act.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Kelley, that said resolution be adopted.
Resolution No. 2007-377 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson.
Nays: None. Absent: Council Member/Commissioner McCammack.
13 09/04/2007
City Attorney Penman pointed out that in compliance with Charter Section 241,
he had given written consent for this outside representation.
COMMUNITY DEVELOPMENT COMMISSION
Staff Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Baxter, Brinker, Derry, Kelley, Johnson; Economic Development Agency Executive
Director Pacheco and Special Counsel Sabo, City Clerk Clark. Absent: Council
Member/Commissioner McCammack.
R33. Property owner hearing - resolution of public interest and necessity for
acquisition of real property - 701 W. 5's Street - Infinite State, Inc.
RES. CDC/2007-26 - Resolution of the Community Development
Commission of the City of San Bernardino declaring the public interest and
necessity of acquisition of real property by the Redevelopment Agency of
the City of San Bernardino for community redevelopment purposes over the
property located at 701 West 5`h Street, San Bernardino, California (Infinite
State, Inc. - APN: 0134-093-08 and 09) in the Central City North
Redevelopment Project Area.
Mayor/Chairman Morris opened the hearing.
Maggie Pacheco, Executive Director, Economic Development Agency, stated
that this Commission authorized the Agency to commence an acquisition
program back in 2005, giving them the authority to buy 27 parcels. She stated
that this was one of the parcels in the downtown area —specifically the southwest
corner of 5' and G Streets. She stated that staff has been attempting to negotiate
the acquisition of the property, but they have not been successful in that regard.
To that end, staff was here to present to the Commission six findings of fact that
they must consider before they adopt a resolution of necessity.
Ms. Pacheco advised that this was a hearing for the property owners to give
their statement of facts, and the Agency had been presented with a letter stating
that they would like to enter into the public record their position on the
resolution of necessity.
She stated that her discussions with legal counsel for the property owner has
been that inasmuch as the Agency is asking the Commission to adopt this
resolution of necessity, that does not preclude them from negotiating with the
property owner outside of the court process. For this reason staff was
recommending that the Commission proceed with the resolution of necessity.
No public comments were received.
14 09/04/2007
Mayor/Chairman Morris noted that staff had received a letter by facsimile sent
by the law firm that represents the owner of the property, which was entered
into the record. He reiterated that their action today making the required
findings does not preclude a continuing dialogue with the owner outside of the
judicial process.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the hearing be closed; and that said
resolution be adopted.
The motion carried and Resolution No. CDC/2007-26 was adopted by the
following vote: Ayes: Council Members/Commissioners Estrada, Baxter,
Brinker, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/
Commissioner McCammack.
34. Public Comments
Anthony Garcia, 966 N. Crescent, San Bernardino, CA, stated that he lives in
a sober living home and has been in the city for the last ten years. He stated
that he has been under a lot of scrutiny and has been harassed and interrogated;
and it is the City Attorney who has instigated this by using fire marshals and
Code Enforcement to force entry into his home. He stated that what the City
Attorney is doing is illegal and asked for a citizen's arrest of City Attorney
Penman.
35. Adjournment
At 4:36 p.m., the meeting adjourned. The next joint regular meeting of the
Mayor and Common Council/Community Development Commission is
scheduled for 1:30 p.m., Monday, September 17, 2007, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
No. of Items: 35
No. of Hours: 3
RACHEL G. CLARK
C
(�Ciity Clerk "
By: e. g
Linda E. Hartzel
Deputy City Clerk
15 09/04/2007