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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