HomeMy WebLinkAbout08-08-1996 Minutes
MINUTES
MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
ADJOURNED REGULAR MEETING
AUGUST 8, 1996
COUNCIL CHAMBERS
This is the time and place set for an adjourned regular
meeting of the Mayor and Common Council of the City of San
Bernardino from the regular meeting held at 8:03 a.m., Monday,
August 5, 1996, 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, August 5, 1996, 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 8:00
a.m., Tuesday, August 6, 1996, on the door of the place at which
said meeting was held.
The adjourned regular meeting of the Mayor and Common Council
of the City of San Bernardino was called to order by Mayor Minor at
5:56 p.m., Thursday, August 8, 1996, in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Curlin,
Arias, Oberhelman, Devlin, Anderson; City Attorney Penman; City
Clerk Rachel Clark; City Administrator Shauna Clark. Absent:
Council Members Negrete, Miller.
RES. 96-255 - A RESOLUTION OF THE CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 995 ESTABLISHING ANNUAL
SPECIAL TAX FOR FISCAL YEAR 1996/97. (2)
City Clerk Rachel Clark read the title of the resolution into
the record.
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that full reading of the resolution be waived; and
that said resolution be adopted.
The motion carried and Resolution No. 96-255 was adopted by
the following vote: Ayes: Council Members Curlin, Arias,
Oberhelman, Devlin, Anderson. Nays: None. Absent: Council
Members Negrete, Miller.
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8/8/1996
RECESS MEETING - CLOSED SESSION -
the meeting - page 4)
At 6:00 p.m., the Mayor and
Development Commission recessed
following:
(Referenced
later in
(1)
Community
for the
Common Council and
to closed session
A. Conference with legal counsel existing litigation
pursuant to Government Code Section 54956.9(a):
B. Conference with legal counsel - anticipated litigation -
significant exposure to litigation pursuant to
Subdivision (b) 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. Conference with real property negotiator pursuant to
Government Code Section 54956.8:
1. Property: Southwest corner of Rialto Avenue
and "E" Street, San Bernardino, CA
Neootiatinq Parties: Timothy C. Steinhaus on behalf
of the Redevelopment Agency;
Southern Pacific Railroad
Under Neootiation: Price and terms of payment
2. Properties: 2177 Newcomb St. 2176 Newcomb St.
2159 Newcomb St. 2158 Newcomb St.
2140 Newcomb St. 2123 Newcomb St.
2122 Newcomb St. 2105 Newcomb St.
2104 Newcomb St. 2095 Newcomb St.
2094 Newcomb St. 2072 Newcomb St.
2050 Newcomb St. 2029 Newcomb St.
2028 Newcomb St. 2004 Newcomb St.
2104 Dumbarton Ave. 2094 Dumbarton Ave.
2072 Dumbarton Ave. 2050 Dumbarton Ave.
2028 Dumbarton Ave. 2004 Dumbarton Ave.
2122 McKinley Ave. 2122 Arden Ave.
Located in the City of San Bernardino
Neootiatinq Parties: Timothy C. Steinhaus on behalf
of the Redevelopment Agency;
Federal Deposit Insurance
Corporation (FDIC)
Under Neqotiation: Price and terms of payment
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8/8/1996
3 . Prooerties: 2030 19th St. 2105 19th St.
2035 Sunrise 2105 Sunrise
2225 Sunrise 2177 Guthrie St.
2050 McKinley Ave. 2072 McKinley Ave.
2140 McKinley Ave. 2221 20th St.
2158 Dumbarton Ave. 2271 20th St.
Located in the City of San Bernardino
Neqotiatinq Parties:
Timothy
of the
Housing
(HUD)
C. Steinhaus on behalf
Redevelopment Agency;
of Urban Development
Under Neqotiation:
Price and terms of payment
4. Prooertv:
2051 Dumbarton, San Bernardino, CA
Neqotiatinq Parties:
Timothy C. Steinhaus on behalf
of the Redevelopment Agency;
Glendale Federal Bank
Under Neqotiation:
Price and terms of payment
CLOSED SESSION
At 6:00 p.m., Mayor Minor called the closed session to order
in the conference room of the Council Chambers.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Curlin,
Arias, Oberhelman, Devlin, Anderson; City Attorney Penman; City
Clerk Rachel Clark; City Administrator Shauna Clark. Absent:
Council Members Negrete, Miller.
Also present: Senior Assistant City Attorneys Barlow and
Carlyle, Deputy City Attorney Alstadt and Executive Secretary
Delores Delgado, City Attorney's Office; General Manager Kersey,
Water Department; and Thomas N. Jacobson, Gresham, Varner, Savage,
Nolan & Tilden, 600 N. Arrowhead Avenue, Suite 300, San Bernardino,
CA.
COUNCIL MEMBER MILLER ARRIVED
At 6:09 p.m., Council Member Miller arrived at the closed
session.
GENERAL MANAGER KERSEY EXCUSED
At 6:13 p.m., General Manager Kersey, Water Department, left
the closed session.
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8/8/1996
AGENCY ADMINISTRATOR STEINHAUS, SPECIAL COUNSEL SABO
DEVELOPMENT DIRECTOR WINKLER AND ADMINISTRATIVE SERVICES
DIRECTOR LINDSETH, ECONOMIC DEVELOPMENT AGENCY, ARRIVED
At 6:13 p.m., Agency Administrator Steinhaus, Special Counsel
Sabo, Development Director Winkler and Administrative Services
Director Lindseth, Economic Development Agency , arrived at the
closed session.
DEPUTY CITY ATTORNEY ALSTADT AND OUTSIDE COUNSEL THOMAS
N. JACOBSON EXCUSED
At 6:13 p.m., Deputy City Attorney Alstadt and Thomas N.
Jacobson, Gresham, Varner, Savage, Nolan & Tilden, 600 N. Arrowhead
Avenue, Suite 300, San Bernardino, CA, left the closed session.
CITY ADMINISTRATOR SHAUNA CLARK EXCUSED
At 6:44 p.m., City Administrator Shauna Clark left the closed
session.
ADJOURN CLOSED SESSION
At 6:52 p.m., the closed session adjourned to the adjourned
regular meeting of the Mayor and Common Council of the City of San
Bernardino.
RECONVENE MEETING
At 6:52 p.m., Mayor Minor reconvened
meeting of the Mayor and Common Council
Bernardino.
the adjourned regular
of the City of San
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Minor; Council Members Curlin,
Arias, Oberhelman, Devlin, Anderson, Miller; City Attorney Penman;
City Clerk Rachel Clark. Absent: Council Member Negrete, City
Administrator Shauna Clark.
CLOSED SESSION ANNOUNCEMENT - (Referenced earlier in the
meeting - page 2) (1)
City Attorney Penman stated that in closed session, the
Council authorized the filing of a lawsuit against the Department
of the Army for alleged contamination that occurred purportedly at
Camp Ono during World War II resulting in what has become known as
the "Newmark Plume."
Mr. Penman further stated that the Water Department will be
absorbing the costs of the litigation, and the Council confirmed
the previous decision of the Water Department to use the San
Bernardino law firm of Gresham, Varner, Savage, Nolan and Tilden,
600 N. Arrowhead Avenue, Suite 300, San Bernardino, CA. Because
the law firm contributed to Mr. Penman's campaign, the City
Attorney's Office did not take part in the selection of the firm.
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8/8/1996
City Clerk Rachel Clark announced that the following action
was taken in closed session:
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that the Mayor and Common Council authorize the
initiation of a lawsuit against the Department of the Army for the
alleged contamination that occurred purportedly at Camp Ono during
World War II resulting in what has become known as the "Newmark
Plume. n
The motion carried by the following
Members Curlin, Arias, Oberhelman, Devlin,
Abstain: Council Member Miller. Absent:
vote: Ayes: Council
Anderson. Nays: None.
Council Member Negrete.
Council Member Oberhelman made a motion, seconded by Council
Member Devlin, that the Mayor and Common Council authorize the
hiring of the law firm of Gresham, Varner, Savage, Nolan and
Tilden, 600 N. Arrowhead Avenue, Suite 300, San Bernardino, CA, for
representation in the matter of the City of San Bernardino versus
the Department of the Army.
The motion carried by the following
Members Curlin, Arias, Oberhelman, Devlin,
Abstain: Council Member Miller. Absent:
vote: Ayes: Council
Anderson. Nays: None.
Council Member Negrete.
NOTE:
It was the consensus of the Mayor and Common
Council that the matter (closed session) be
continued to 8:00 a.m., Wednesday, August 14, 1996,
in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, CA.
ADJOURNMENT (3)
At 6:57 p.m., the meeting adjourned. The next scheduled
meeting will be held at 8:00 a.m., Wednesday, August 14, 1996, in
the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
RACHEL CLARK
City Clerk
By ~;n;;'~~r~Y:1Lfl
9 puty City Clerk
No. of Items: 3
No. of Hours: 1
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8/8/1996