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HomeMy WebLinkAbout09-17-2008 Jt. Adj. Minutes CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Potriek J. Morris Council Members: Esther Estroda Dennis J. Boxter Tobin Brinker Neil Derry ClIo:; Kelley Rikke Van Johnson Wendy McCommack 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 adjourmnent 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 (MIC), 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, McCanunack; City Attorney Penman, City Clerk Clark, Assistant City Manager Sassoon. None. Absent: 1 09/17/2008 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 07-01027SGL (Opx); San Bernardino City Professional FirefiJd1ters, 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 Communities 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 - persounel - pursuant to Government Code Section 54957: Interim City Manager Director of Code Enforcement Chief of Police 2 09/17/2008 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 Negotiating 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 Negotiation: Purchase price, terms, and conditions 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 3. Property Address: 746 West 5th Street APNs: 0134-054-07, 08 and 09 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and The Salvation Army, owner. Under Negotiation: Purchase price, terms, and conditions 3 09/1712008 Central City North Downtown Redevelopment Project Area 1. 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 Negotiating 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 Negotiation: To discuss possible acquisition program and direct Agency Staff to take preliminary actions . 2. Property Address: Properties bounded by 5th Street to the south, 1-215 Freeway to the west, 6th Street to the north, and "H" Street to the east Negotiating 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 Negotiation: To discuss possible acquisition program and direct Agency Staff to take preliminary actions . 3. Property Address: Properties bounded by 4th Street to the south, 1-215 Freeway to the west, 5th Street to the north, and "H" Street to the east. Negotiating 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. 4 09/17/2008 Under Negotiation: To discuss possible acquisition program and direct Agency Staff to take preliminary actions . 5th 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 fmancial 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 5 09/1712008 2695 W. 5th Street Property Type: To Be Determined APN: 0142-522-08-0-000 Under Negotiation: 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 conld 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) (1), (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 "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk BY~~~A -' Jdk.td-'1A~./ Linda Sutherland Deputy City Clerk 6 09/1712008