HomeMy WebLinkAbout06-Council Minutes
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CITY OF SAN BERNARDINO
300 N. "D n Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor PaJrick J. Moms
Couru:i/ Me",",.:
Esther EstrotkJ
Dennis J. Baxter
Tobin Brinker
Neil Deny
ChDs Kelley
Rikke Van Johnson
Wendy McCarnmock
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT ADJOURNED REGULAR MEETING
SEPTEMBER 17, 2008
MANAGEMENT INFORMATION CONFERENCE ROOM
6TH FLOOR, CITY HALL
This is the time and place designated for a joint adjourned regular meeting of the Mayor
and Common Council and Community Development Commission of the City of San
Bernardino from the joint regular meeting of the Mayor and Common Council and
Community Development Commission held at 1:30 p.m., Monday, September 15,2008,
in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino,
California.
The City Clerk has caused to be posted the order of adjournment of said meeting held on
Monday, September 15, 2008, and has on file in the office of the City Clerk an affidavit
of said posting together with a copy of said order which was posted at 1:15 p.m.,
Wednesday, September 17,2008, on the City Hall breezeway bulletin board.
The joint adjourned regular meeting of the Mayor and Common Council and Community
Development Commission of the City of San Bernardino was called to order by
Mayor/Chairman Morris at 5:32 p.m., Wednesday, September 17, 2008, in the
Management Information Conference Room (MIe), 6th Floor City Hall, 300 North "D"
Street, San Bernardino, California.
Roll Call
Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Baxter, Brinker, Derry, Kelley, Johnson, McCammack; City Attorney
Penman, City Clerk Clark, Assistant City Manager Sassoon.
Absent: None.
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1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
Richard "Scott" Moss, et al. v. City of San Bernardino, et al. - United
States District Court Case No. EDCV 07-DI027SGL (Opx);
San Bernardino City Professional Firefi2hters, Local 891 v. City of San
Bernardino; San Bernardino Fire Department, et al. - San Bernardino
Superior Court Case No. CIVSS 807685;
Michael Desrochers and Steve Lowes v. City of San Bernardino, et al. -
San Bernardino Superior Court Case No. CIVSS 708367;
Jamora Allen v. City of San Bernardino, Adam Affrunti, et al. - San
Bernardino Superior Court Case No. CIVSS 805915;
Arleen Nolin, Hillary Latham v. City of San Bernardino, Michael Taylor,
et al. - San Bernardino Superior Court Case No. CIVSS 805061.
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:
Inland Conununities Corp. v. City of San Bernardino (Paradise Hills);
Baude v. James Penman, Fred Wilson and City of San Bernardino;
Two (2) cases
California Aviation Services, Inc. v. City of San Bernardino
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9:
City of San Bernardino v. California State University
People v. Jane Does 1 & 2
D. Closed Session - personnel - pursuant to Government Code Section
54957:
Interim City Manager
Director of Code Enforcement
Chief of Police
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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:
Century City North Redevelopment Project Area
1. Property Address: 1208 North "H" Street
Ne~otiatin~ Parties: Don Gee, Deputy Director of the
Redevelopment Agency, on behalf of the
City of San Bernardino, and Keith Williams,
on behalf of Caltrans.
Under Ne~otiation: Purchase price, terms, and conditions
2. Property Address: 450 North "E" Street
APN: 0134-121-24
Ne~otiatin~ Parties: Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, and Moctesuma Esparza, CEO and
Founder, on behalf of Maya Cinemas.
Under Ne~otiation: Purchase price, terms, and conditions
3. Property Address: 746 West 5th Street
APNs: 0134-054-07, 08 and 09
Ne~otiatin~ Parties: Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, and The Salvation Army, owner.
Under Ne~otiation: Purchase'price, terms, and conditions
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Central City North Downtown Redevelopment Project Area
I. Property Address: Properties bounded by 5th Street to the
south, "H" Street to the west, Spruce Street
to the west, Spruce Street to the north and
"G" Street to the east
Nellotiatinll Parties: Emil A. Marzullo, Interim Executive
Director of the Redevelopment Agency of
the City of San Bernardino, on behalf of the
Redevelopment Agency, and the owners of
those properties within the boundaries
referenced above.
Under Nellotiation: To discuss possible acquisition program and
direct Agency Staff to take preliminary
actions.
2. Property Address: Properties bounded by 511I Street to the south,
1-215 Freeway to the west, 611I Street to the
north, and "H" Street to the east
Nellotiatinll Parties: Emil A. Marzullo, Interim Executive
Director of the Redevelopment Agency of
the City of San Bernardino, on behalf of the
Redevelopment Agency, and the owners of
those properties within the boundaries
referenced above.
Under Nellotiation: To discuss possible acquisition program and
direct Agency Staff to take preliminary
actions .
3. Property Address: Properties bounded by 411I Street to the south,
1-215 Freeway to the west, 511I Street to the
north, and "H" Street to the east.
Nellotiatinll Parties: Emil A. Marzullo, Interim Executive
Director of the Redevelopment Agency of
the City of San Bernardino, on behalf of the
Redevelopment Agency, and the owners of
those properties within the boundaries
referenced above.
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Under Negotiation: To discuss possible acquisition program and
direct Agency Staff to take preliminary
actions .
SU' Street Meridian Avenue Project
Property Addresses!
Negotiating Parties: Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, and the asset management
departments of the following financial
institutions regarding their respective
properties within the City of San Bernardino:
2624 W. 5th Street
Property Owner: Downey Savings
APN: 0142-522-25-0-000
2625 W. 5th Street
Property Owner: GMAC
APN: 0142-522-37-0-000
2633 W. 5th Street
Property Owner: Fremont
APN: 0142-522-36-0-000
2639 W. 5th Street
Property Owner: Carrington
APN: 0142-522-35-0-000
2643 W. 5th Street
Property Owner: Bank of New York
APN: 0142-522-12-0-000
2657 W. 5th Street
Property Owner: Soundview Financial
APN: 0142-522-11-0-000
2682 W. 5th Street
Property Owner: Deutsche Bank
APN: 0142-522-16-0-000
2656 W. 5th Street
Property Owner: Wells Fargo Bank
APN: 0142-522-14-0-000
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2695 W. 5th Street
Property Type: To Be Determined
APN: 0142-522-08-0-000
Under Ne~otiation: Purchase price, terms, and conditions
Public Comments on Closed Session Items
Rich Lawhead, President of the San Bernardino Police Officers Association, read from a
statement indicating that regardless of what may be portrayed in closed session relating to
any type of agreement the Mayor will allege to have come to with the POA, their
position is unchanged. Mr. Lawhead noted that on Sunday evening, Travis Walker,
Steve Filson, and himself met with the Mayor at his request. The Mayor explained that
the Chief was going to retire in March 2009 and that his contract would not be extended.
He further voiced concern relating to the search for a new City Manager and the need to
find a quality candidate and that further public display of discontent could hinder those
efforts. Mr. Lawhead indicated that they told the Mayor that the need for immediate
change was necessary and that they had brought to light a suggested model that could be
used in a transition period.
Closed Session Announcement
City Attorney Penman stated that before going into closed session, he needed to make an
announcement concerning action taken relative to an item heard in closed session on
September 15, 2008. The item appeared under Agenda Item No. lB, Conference with
legal counsel - anticipated litigation - significant exposure to litigation - pursuant to
subdivision (b) (I), (2), (3) (A-F) of Government Code Section 54956.9: California
Aviation Services Inc. v. City of San Bernardino.
City Attorney Penman announced that at the closed session meeting held on September
15, 2008, the City Council reconsidered their previous action to rescind the contract
between California Aviation Services and the City of San Bernardino to provide
helicopter patrol services and the Council voted to rescind their decision to terminate that
agreement.
2. Adjournment
At 9:35 p.m., the meeting adjourned. The next joint regular meeting of the
Mayor and Common Council and Community Development Commission is
scheduled for 1:30 p.m., Monday, October 6,2008, in the Council Chambers of
City Hall, 300 North "0" Street, San Bernardino, California.
RACHEL G. CLARK
City Clerk
By;;~..IA J J~4~. ~-/
Linda Sutherland
Deputy City Clerk
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