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Home My WebLink About11-25-2008 Adj. Reg. Agenda Mayor Patrick J. Morris CITY OF SAN BERNARDINO Council Members: Esther Estrada 300 N. ?D? Street Dennis J. Baxter San Bernardino, CA 92418 Tobin Brinker Neil Derry Website: www.sbcity.org Chas Kelley Rikke Van Johnson Wendy McCammack AGENDA JOINT ADJOURNED REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO TUESDAY, NOVEMBER 25, 2008 ? 4:00 P.M. COUNCIL CHAMBERS The City of San Bernardino recognizes its obligation to provide equal access to those individuals with disabilities. Please contact the Director of Facilities Management (384-5244) two working days prior to the meeting for any requests for reasonable accommodation to include interpreters. Any writings or documents provided to a majority of the City Council/Commission regarding any item on the agenda will be made available for public inspection at the nd City Clerk?s Counter at City Hall located at 300 N. ?D? Street, 2 Floor, during normal business hours. In addition, such writings and documents will be posted on the City?s website at www.sbcity.org. CALL TO ORDER: ___________________________________________ PRESENT: ___________________________________________ ABSENT: ___________________________________________ 11/25/2008 1 PUBLIC COMMENTS ON CLOSED SESSION ITEMS A three-minute limitation shall apply to each member of the public who wishes to address the Mayor and Common Council/Community Development Commission. No member of the public shall be permitted to ?share? his/her three minutes with any other member of the public. CLOSED SESSION 1. Pursuant to Government Code Section(s): MOTION: That the Mayor and Common Council and Community Development Commission recess to closed session for the following: A. Conference with legal counsel ? existing litigation ? pursuant to Government Code Section 54956.9(a): Manta Management v. City of San Bernardino, U.S. Supreme Court Docket No. 08-325; People v. City of San Bernardino/George N. Voss, et al. ? San Bernardino Superior Court Case No. CIVSS 811831. 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: Public Counsel Law Center/Human Potential Consultants LLC v. City of San Bernardino Inland Communities Corp. v. City of San Bernardino (Paradise Hills) Two (2) cases California Aviation Services, Inc. v. City of San Bernardino California State University contract for Police Consultant 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 D. Closed Session ? personnel ? pursuant to Government Code Section 54957: (Item Continued on Next Page) 11/25/2008 2 1. Continued. 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: 1. Property Address: 450 North ?E? Street APN: 0134-121-24 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and Scott Bailey on behalf of CinemaStar Luxury Theaters, Inc. Under Negotiation: Terms and conditions of possible lease amendment and assignment of lease. 2. Property Address: 450 North ?E? Street APN: 0134-121-24 Negotiating 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 Negotiation: Purchase price, terms and conditions. END OF CLOSED SESSION 11/25/2008 3 CONTINUED FROM NOVEMBER 17, 2008 TO BE HEARD AT 5:00 P.M. Recommended for approval at the Redevelopment Committee Meeting on November 6, 2008 - Committee Members Present: Estrada, Baxter and Johnson R2. Joint Public hearing - Maya Cinemas North America, Inc. ? 2008 Disposition and Development Agreement (Central City North Redevelopment Project Area) (New Resolution Attached) (Backup material distributed on November 17, 2008, Item No. R33) Ward 1 (Mayor and Common Council) A. Resolution of the Mayor and Common Council of the City of San Bernardino consenting to the disposition of certain real property by the Redevelopment Agency of the City of San Bernardino (?Agency?) to Maya Cinemas North America, Inc. (?Developer?) (450 North ?E? Street ? APN: 0134-131-24, 25, 26, 27 and 28) (Central City North Redevelopment Project Area). (Resolution not available at time of printing) (Community Development Commission) B. Resolution of the Community Development Commission of the City of San Bernardino approving the sale of certain real property by the Redevelopment Agency of the City of San Bernardino (?Agency?) to Maya Cinemas North America, Inc. (?Developer?), and authorizing the Interim Executive Director of the Agency to execute the 2008 Disposition and Development Agreement by and between the Agency and the Developer (450 North ?E? Street ? APN: 0134-131-24, 25, 26, 27 and 28) (Central City North Redevelopment Project Area). Mayor to open hearing? MOTION: That the hearing be closed; and that said resolutions A and B be adopted. 11/25/2008 4 CONTINUED FROM NOVEMBER 17, 2008 TO BE HEARD AT 4:00 P.M. Development Services 3. An Urgency Ordinance amending and extending Ordinance No. MC-1288, ?An Urgency Ordinance of the City of San Bernardino amending San Bernardino Municipal Code (Development Code) Section 19.02.050, 19.08.020, Table 08.01, and adding Chapter 19.10-E, Emergency Shelter Overlay District?,? amending Section 19.06.020, Table 06.01, modifying the areas designated within the Emergency Shelter Overlay District, declaring the urgency thereof and taking effect immediately. (See New Staff Report and Ordinance) URGENCY (Backup material distributed on November 17, 2008, Item No. 39) All Wards Mayor to open hearing? MOTION: That the hearing be closed; and that said urgency ordinance be adopted. 4. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA: A three-minute limitation shall apply to each member of the public who wishes to address the Mayor and Common Council/Community Development Commission on a matter not on the agenda. No member of the public shall be permitted to ?share? his/her three minutes with any other member of the public. (Usually any items heard under this heading are referred to staff for further study, research, completion and/or future Council/Commission action.) 5. Adjournment. MOTION: That the meeting be adjourned. NOTE: The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, December 1, 2008, in the Council Chambers of City Hall, 300 North ?D? Street, San Bernardino, California. 11/25/2008 5 NOTICE: Any member of the public may address this meeting of the Mayor and Common Council/Community Development Commission on any item appearing on the agenda by approaching the microphone in the Council Chambers when the item about which the member desires to speak is called and by asking to be recognized. Any member of the public desiring to speak to the Mayor and Common Council/Community Development Commission concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and Common Council/Community Development Commission, may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed forty-five (45) minutes, unless such time limit is extended by the Mayor and Common Council/Community Development Commission. A three minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and Common Council/Community Development Commission. No member of the public shall be permitted to ?share? his/her three minutes with any other member of the public. The Mayor and Common Council/Community Development Commission may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and Common Council/Community Development Commission. However, no other action shall be taken nor discussion held by the Mayor and Common Council/Community Development Commission on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code. Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed. 11/25/2008 6