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HomeMy WebLinkAbout02-22-2005 Reg. Agenda CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Judith Valles Council Members: Esther Estrada Susan Longville Gordon McGinnis Neil Derry Chas Kellev Rikke Van Johnson Wendy McCammack AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO TUESDAY, FEBRUARY 22,2005 -1:30 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. (Community Development Commission Items are on pages 15 & 16.) CALL TO ORDER. PRESENT ABSENT PUBLIC COMMENTS ON CLOSED SESSION ITEMS A three-rmnute lIrmtatIOn shall apply to each member of the publIc who wIshes to address the Mayor and Common CouncIlICommumty Development COmmISSIOn. No member of the publIc shall be penmtted to "share" ills/her three rmnutes wIth any other member of the publIc 1 02/22/2005 CLOSED SESSION 1 Pursuant to Government Code SectIOn(s) MOTION: That the Mayor and Common CouncIl and Commumty Development COmmISSIOn recess to closed seSSIOn for the followmg A Conference wIth legal counsel - eXIstmg lItIgatIOn - pursuant to Government Code SectIOn 54956 9(a) Salvador Torres v CIty of San Bernardmo, et al - San Bernardmo Supenor Court Case No SCVSS 082631, CIty of San Bernardmo MumCIpal Water Department v The Umted States Department of the Army - Umted States DIstnct Court Case Nos CV 96-8867 & CV 96-5205, LUIS Alberto Jovel, et al v CIty of San Bernardmo - Umted States Court Case No CIV F-04-6586 A WI DLB, Rafeek Omar v CIty of San Bernardmo - Workers CompensatIOn Appeals Board Case No SBR 0318903, De Anna Jean Nunez v CIty of San Bernardmo Workers CompensatIOn Appeals Board Case No SBR 0305342, KIranjeet K. Uppal v CIty of San Bernardmo - San Bernardmo Supenor Court Case No SCVSS 121867, CandIce DICk v CIty of San Bernardmo - Umted States DIstnct Court Case No EDCV 02-158 V AP (SGLx), KImberlyn Hearns v CIty of San Bernardmo, et al - Umted States DIstnct Court Case No EDCV 03-1434 RT (SGLx) B Conference wIth legal counsel - antIcIpated lItIgatIOn - sIgmficant exposure to lItIgatIOn - pursuant to subdIvIsIOn (b) (1), (2), (3) (A-F) of Government Code SectIOn 54956 9 Patrick Major v. City of San Bernardino Fire Department San Bernardino City Professional Firefighters Local No. 891 v. City of San Bernardino, Larry Pitzer, et al. 2 02/22/2005 1 Contmued. ASCAP v. City of San Bernardino BMI v. City of San Bernardino SESA C v. City of San Bernardino MPLC v. City of San Bernardino C Conference wIth legal counsel - antIcIpated lItIgatIOn - ImtIatIOn of lItIgatIOn - pursuant to subdIvIsIOn (c) of Government Code SectIOn 54956 9 City of San Bernardino v. San Bernardino City Unified School District D Closed SessIOn - personnel - pursuant to Government Code SectIOn 54957 E Closed seSSIOn wIth Cillef of PolIce on matters posmg a threat to the secunty of publIc bUIldmgs or threat to the publIc's nght 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 Negotiator Linn LIvmgston, Human Resources DIrector Employee OrgamzatIOns General Umt G Conference wIth real property negotiator - pursuant to Government Code SectIOn 54956 8 1 Property 247 W Third Street Negotiating Parties Judith Valles, Mayor, on behalf of the Redevelopment Agency, property owners, and Gerry Newcombe, Deputy Administrative Officer, on behalf of the County of San Bernardino Under Negotiation. Purchase price, terms and conditions 3 02/22/2005 1 Continued 2 Property Negotiating Parties Under Negotiation. Uptown Project Area 3 Property Owner/Seller Buyer That parcel consisting of approximately 67 75 acres identified as Parcel 1-2 at the San Bernardino International Airport, and generally bounded by Harry Sheppard Boulevard, Del Rosa Drive, Paul Villasenor Boulevard, and Memorial Drive Don Rogers on behalf of the Inland Valley Development Agency David Newsom on behalf of Hillwood/San Bernardino LLC Bruce Varner on behalf of Stater Bros Markets James F Penman on behalf of the City of San Bernardino Terms and conditions APN 0145-242-32 and APN 0145-242-33 Mayor Judith Valles, on behalf of the Redevelopment Agency of the City of San Bernardino, property owner(s) San Bernardino City Unified School District (" District") IVDA Redevelopment Project Area 4 Property Vacant land APN 0135-292-39 Negotiating Parties Under Negotiation. Central City Project Area 5 Property Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, and/or San Bernardino City Housing Authority and Bonnie S Johnson and George W Ashworth, property owner(s) Purchase price, terms, and conditions Property bounded by "E" Street, 2nd Street and 4th Street 4 02/22/2005 1 Continued Negotiating Parties Under Negotiation. Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, Fred Wilson on behalf of the City of San Bernardino, Jorge Pont on behalf of Harris-Gottschalks, Chester Upham on behalf of the Upham Trust (previous J C Penney Building) and Robert Curci on behalf of the Central City Mall Co , property owner(s) Purchase price, terms and conditions END OF CLOSED SESSION 5 02/22/2005 RECONVENE MEETING - 3:00 P.M. PRESENT ABSENT INVOCATION PLEDGE 2 Appomtments A Human RelatIOns COmmISSIOn - Brenda Fredenck - CouncIl Member Kelley (See Attached) MOTION: That the appomtment of Brenda Fredenck to the Human RelatIOns COmmISSIOn, as requested by CouncIl Member Kelley, be approved. 3 PresentatIOns A ServIce Pm A wards Ceremony 4 Announcements by Mayor and Common CouncIl All Consent Calendar items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council member or other interested persons so request, in which event the item will be removed from the Consent Calendar and considered in its nonnal sequence on the agenda. Infonnation concerning Consent Calendar items is available for public review. CONSENT CALENDAR MOTION: That the motIOns mdIcated by consent calendar Items 5 through 16 be adopted except for _, _, _, _, and _ 5 WaIve full readmg of resolutIOns and ordmances MOTION: That full readmg of the resolutIOns and ordmances on the regular, supplemental and addendum to the supplemental agendas of the Mayor and Common CouncIlICommumty Development COmmISSIOn, be waIved. 6 02/22/2005 6 CouncIl Mmutes (See Attached) MOTION: That the rmnutes of the followmg meetmgs of the Mayor and Common CouncIlICommumty Development COmmISSIOn of the CIty of San Bernardmo be approved as subrmtted m typewntten form. Jal1uary 10, 2005 (Distributed 011 2/15/05) Jal1uary 21, 2005 (Distributed 011 2/14/05) Jal1uary 24, 2005 (Distributed 011 2/11/05) 7 ClaIms and Payroll. (See Attached) MOTION: That the claIms and payroll and the authonzatIOn to Issue warrants as lIsted on the memorandum dated February 15, 2005, from Barbara Pachon, DIrector of Finance, be approved. 8 Personnel ActIOns (See Attached) MOTION: That the personnel actIOns as subrmtted by the Cillef Exarmner dated February 15, 2005 m accordance wIth CIVIl ServIce rules and Personnel polIcIes adopted by the Mayor and Common CounCIl of the CIty of San Bernardmo, be approved and ratIfied. City Clerk 9 ReVIew and take actIOn regardmg the need for contmumg m effect the local emergency caused by the Old Waterman Canyon Fire pursuant to Government Code SectIOn 8630 (c)( 1) MOTION: That the Mayor and Common CounCIl confirm the need for contmumg m effect the local emergency caused by the Old Waterman Canyon Fire Developmel1t Services 10 ResolutIOn of the CIty of San Bernardmo amendmg ResolutIOn No 655 entItled, m part, "A ResolutIOn desIgnatmg certaIn streets, or portIons thereof as through illghways "and establIsillng a four-way stop at the mtersectIOn of Irvmgton Avenue at OlIve Avenue (See Attached) (Cost to the City -- $1,000 from the Gel1eral FUl1d.) (Resolutiol1l1ot available at time of pril1til1g.) Ward 5 7 02/22/2005 MOTION: That saId resolutIOn be adopted. 11 ResolutIOn of the CIty of San Bernardmo amendmg ResolutIOn No 3985 entItled, m part, "A ResolutIOn prohibItmg parkmg upon certaIn desIgnated streets, alleys, or portIons thereof "to establIsh a no parkmg any tIme zone on Orange Show Road between Auto Plaza Dnve and Arrowhead Avenue (See Attached) (Cost to the City -- $1,200 from the Gel1eral FUl1d.) (Resolutiol1 110t available at time of pril1til1g.) Ward 3 MOTION: That saId resolutIOn be adopted. 12 ResolutIOn of the Mayor and Common CouncIl of the CIty of San Bernardmo approvmg the Final Map for Parcel Map No 15635, located at the northeast corner of Waterman A venue and VanderbIlt Way, acceptmg the publIc dedIcatIOns as set forth on saId map, and authonzmg executIOn of the standard form of agreement for the Improvements m saId subdIvIsIOn, wIth tIme for performance specIfied. (See Attached) (No cost to the City.) (Resolutiol1l1ot available at time of pril1til1g.) Ward 3 MOTION: That saId resolutIOn be adopted. 13 ResolutIOns awardmg contracts - varIOUS landscape maIntenance assessment dIstncts (Areas "A", "B", "G", and "H") - Golden West Landscape (See Attached) A ResolutIOn of the City of San Bernardmo awardmg a Contract to Golden West Landscape Contractor for the maIntenance of landscapmg m Assessment DIstnct Nos 976, 991, 997, 1017, 1025, 1028, 1030, 1031, 1032 & 1035 (Area "A") (Cost to the City -- $103,199 [$102,290.15 from the various Assessmel1t Districts, al1d $908.85 from the Gel1eral FUl1d].) (Resolutiol1l1ot available at time of pril1til1g.) Ward 5 B ResolutIOn of the CIty of San Bernardmo awardmg a contract to Golden West Landscape Contractor for the maIntenance of landscapmg m Assessment DIstnct Nos 951, 952, 1002 & 1019 (Area "B") (No cost to the City -- $107,463 from the various Assessmel1t District fWlds.) (Resolutiol1l1ot available at time of pril1til1g.) Ward 5 C ResolutIOn of the CIty of San Bernardmo awardmg a contract to Golden West Landscape Contractor for the maIntenance of landscapmg m Assessment DIstnct Nos 974, 975, 981, 986, 989, 1001, 1007, 1012 & 1020 (Area "G") (No cost to the City -- $31,055 from the various 8 02/22/2005 Assessmel1t District fUl1ds.) pril1til1g.) (Resolutiol1 110t available at time of Ward 3&6 (Item COl1til1ued 011 Next Page) 13 Contmued. D ResolutIOn of the CIty of San Bernardmo awardmg a contract to Golden West Landscape Contractor for the maIntenance of landscapmg m Assessment DIstnct Nos 956, 968, 1016, 1023 & 1027 (Area "H") (Cost to the City -- $46,030 [$44,479 from the various Assessmel1t District fUl1ds al1d $1,551 from the Gel1eral FUl1d].) (Resolutiol1l1ot available at time of pril1til1g.) Ward 3 MOTION: That saId resolutIOns A-D, be adopted. 14 ResolutIOn of the Mayor and Common CouncIl of the CIty of San Bernardmo ratIfymg Contract Change Order NoOne Issued to Guzman ConstructIOn Company for storm draIn Improvements m RIalto A venue from Rancho Avenue to Pennsylvama Avenue (SD04-09), and mstallatIOn of Palm Avenue Catch Basm and Storm DraIn, per Plan No 10311, under emergency contract provIsIOns of the PublIc Contract Code (Cost to the City -- $88,000 from the Storm Drail1 COl1structiol1 FWld.) Wards 3 & 5 MOTION: That saId resolutIOn be adopted. (Four-fifths vote of the CouncIl reqUIred pursuant to PublIc Contract Code SectIOn 20168 ) Parks, Recreatiol1 & Commul1ity Services 15 ReJect all bIds for sIdewalks subrmtted m response to BId No F-05-029 (Documel1t 110t available at time of pril1til1g.) MOTION: That the Mayor and Common CouncIl reJect all bIds for sIdewalks receIved m response to BId No F-05-029 Police 16 ResolutIOn of the Mayor and Common CouncIl of the CIty of San Bernardmo authonzmg the executIOn of an Agreement for the San Bernardmo PolIce Department to partIcIpate as a member of the Umted States Department of JustIce, Drug Enforcement AdrmmstratIOn Task Force (See Attached) (No additiol1al cost to the City.) All Wards MOTION: That saId resolutIOn be adopted. 9 02/22/2005 END OF CONSENT CALENDAR PUBLIC HEARINGS CONTINUED FROM FEBRUARY 7, 2005 TO BE HEARD AT 4:00 P.M. Developmel1t Services 17 PublIc hearmg - resolutIOn ordenng work - Orange Show Road and Arrowhead Avenue Landscape MaIntenance Assessment DIstnct No 1038 (Parcel No 16222) (Backup material was distributed 011 February 7, 2005, Item No. 18.) ResolutIOn of the CIty of San Bernardmo findmg and detenmmng the eXIstence of less than a maJonty protest, that ballots representmg at least fifty percent (50%) affirmatIve votes for the proposed assessment have been receIved and that the publIc convemence and necessIty reqUIre the maIntenance of landscapmg m the area of Orange Show Road and Arrowhead Avenue, approvmg the final Engmeer's Report, creatmg an assessment dIstnct to cover the costs of saId maIntenance, known as Assessment DIstnct No 1038, ordenng the work, confinmng the 2005-2006 Assessment Roll, and detenmmng that the SpecIal Assessment InveStIgatIOn, LIrmtatIOn and MaJonty Protest Act of 1931 shall not apply The hearil1g remail1s opel1 . . . MOTION: That the matter be contmued March 7,2005 TO BE HEARD AT 4:00 P.M. 18 PublIc meetmg - formatIOn of a maIntenance assessment dIstnct m the Northpark Boulevard and Campus Parkway area (Assessment DIstnct No 1036 - Tract No 16509) (See Attached) (No cost to the City -- $4,000 processil1g fee paid by applical1t.) Ward 5 Mayor to opel1 the public meetil1g . . . MOTION: That the publIc meetmg relatIve to the formatIOn of the Northpark Boulevard and Campus Parkway Area MaIntenance Assessment DIstnct No 1036, be closed, and protests and ballots, If any, be carned over to the publIc hearmg on March 7, 2005, at 4 00 P m. TO BE HEARD AT 4:00 P.M. 10 02/22/2005 City Clerk 19 Appeal hearmg regardmg the results of a transIent lodgmg tax audIt for the Astro Motel (See Attached) (Item COl1til1ued 011 Next Page) 19 Contmued. Mayor to opel1 the hearil1g . . . MOTION #1: That the hearmg be closed, and that the Mayor and Common CouncIl uphold the decIsIOn of the CIty Clerk and adopt her letter of December 7, 2004, as ItS findmgs and conclusIOns, based upon the back-up mformatIOn subrmtted and any addItIOnal eVIdence presented at the hearmg, or MOTION #2: That the hearmg be closed, and that the Mayor and Common CouncIl uphold the appeal of the applIcant and reverse the decIsIOn of the CIty Clerk, or MOTION #3: That the hearmg be closed, and that the Mayor and Common CouncIl uphold the appeal of the applIcant m part and dIrect the CIty Attorney's Office to prepare findmgs and conclusIOns consIstent WIth ItS deCISIOn. TO BE HEARD AT 4:00 P.M. 20 Appeal hearmg regardmg the results of a transIent lodgmg tax audIt for the Budget Lodge (See Attached) Mayor to opel1 the hearil1g . . . MOTION #1: That the hearmg be closed, and that the Mayor and Common CouncIl uphold the decIsIOn of the CIty Clerk and adopt her letter of December 7, 2004, as ItS findmgs and conclusIOns, based upon the back-up mformatIOn subrmtted and any addItIOnal eVIdence presented at the hearmg, or MOTION #2: That the hearmg be closed, and that the Mayor and Common CouncIl uphold the appeal of the applIcant and reverse the decIsIOn of the CIty Clerk, or 11 02/22/2005 MOTION #3: That the hearmg be closed, and that the Mayor and Common CouncIl uphold the appeal of the applIcant m part and dIrect the CIty Attorney's Office to prepare findmgs and conclusIOns consIstent WIth ItS deCISIOn. TO BE HEARD AT 4:00 P.M. 21 Appeal hearmg regardmg the results of a transIent lodgmg tax audIt for the Desert Inn Motel (See Attached) Mayor to opel1 the hearil1g . . . MOTION #1: That the hearmg be closed, and that the Mayor and Common CouncIl uphold the decIsIOn of the CIty Clerk and adopt her letter of December 7, 2004, as ItS findmgs and conclusIOns, based upon the back-up mformatIOn subrmtted and any addItIOnal eVIdence presented at the hearmg, or MOTION #2: That the hearmg be closed, and that the Mayor and Common CouncIl uphold the appeal of the applIcant and reverse the decIsIOn of the CIty Clerk, or MOTION #3: That the hearmg be closed, and that the Mayor and Common CouncIl uphold the appeal of the applIcant m part and dIrect the CIty Attorney's Office to prepare findmgs and conclusIOns consIstent WIth ItS deCIsIOn. TO BE HEARD AT 4:00 P.M. 22 Appeal hearmg regardmg the results of a transIent lodgmg tax audIt for the Econo Lodge (See Attached) Mayor to opel1 the hearil1g . . . MOTION #1: That the hearmg be closed, and that the Mayor and Common CouncIl uphold the decIsIOn of the CIty Clerk and adopt her letter of December 7, 2004, as ItS findmgs and conclusIOns, based upon the back-up mformatIOn subrmtted and any addItIOnal eVIdence presented at the hearmg, or MOTION #2: That the hearmg be closed, and that the Mayor and Common CouncIl uphold the appeal of the applIcant and reverse the decIsIOn of the CIty Clerk, or 12 02/22/2005 MOTION #3: That the hearmg be closed, and that the Mayor and Common CouncIl uphold the appeal of the applIcant m part and dIrect the CIty Attorney's Office to prepare findmgs and conclusIOns consIstent WIth ItS deCISIOn. TO BE HEARD AT 4:00 P.M. 23 Appeal hearmg regardmg the results of a transIent lodgmg tax audIt for the Footillll Motel (See Attached) Mayor to opel1 the hearil1g . . . MOTION #1: That the hearmg be closed, and that the Mayor and Common CouncIl uphold the decIsIOn of the CIty Clerk and adopt her letter of December 7, 2004, as ItS findmgs and conclusIOns, based upon the back-up mformatIOn subrmtted and any addItIOnal eVIdence presented at the hearmg, or MOTION #2: That the hearmg be closed, and that the Mayor and Common CouncIl uphold the appeal of the applIcant and reverse the decIsIOn of the CIty Clerk, or MOTION #3: That the hearmg be closed, and that the Mayor and Common CouncIl uphold the appeal of the applIcant m part and dIrect the CIty Attorney's Office to prepare findmgs and conclusIOns consIstent WIth ItS deCISIOn. TO BE HEARD AT 4:00 P.M. 24 Appeal hearmg regardmg the results of a transIent lodgmg tax audIt for the Kmghts Inn. (See Attached) Mayor to opel1 the hearil1g . . . MOTION #1: That the hearmg be closed, and that the Mayor and Common CouncIl uphold the decIsIOn of the CIty Clerk and adopt her letter of December 7, 2004, as ItS findmgs and conclusIOns, based upon the back-up mformatIOn subrmtted and any addItIOnal eVIdence presented at the hearmg, or 13 02/22/2005 MOTION #2: That the hearmg be closed, and that the Mayor and Common CouncIl uphold the appeal of the applIcant and reverse the decIsIOn of the CIty Clerk, or MOTION #3: That the hearmg be closed, and that the Mayor and Common CouncIl uphold the appeal of the applIcant m part and dIrect the CIty Attorney's Office to prepare findmgs and conclusIOns consIstent WIth ItS deCISIOn. TO BE HEARD AT 4:00 P.M. 25 Appeal hearmg regardmg the results of a transIent lodgmg tax audIt for the Terrace Motel (See Attached) Mayor to opel1 the hearil1g . . . MOTION #1: That the hearmg be closed, and that the Mayor and Common CouncIl uphold the decIsIOn of the CIty Clerk and adopt her letter of December 7, 2004, as ItS findmgs and conclusIOns, based upon the back-up mformatIOn subrmtted and any addItIOnal eVIdence presented at the hearmg, or MOTION #2: That the hearmg be closed, and that the Mayor and Common CouncIl uphold the appeal of the applIcant and reverse the decIsIOn of the CIty Clerk, or MOTION #3: That the hearmg be closed, and that the Mayor and Common CouncIl uphold the appeal of the applIcant m part and dIrect the CIty Attorney's Office to prepare findmgs and conclusIOns consIstent WIth ItS deCISIOn. END OF PUBLIC HEARINGS STAFF REPORTS City Admil1istrator/Public Services 26 ResolutIOn of the Mayor and Common CouncIl authonzmg a purchase order be awarded to Guzman ConstructIOn for the repaIr of potholes wItilln the CIty of San Bernardmo and authonze an mcrease to the purchase order to MatIch CorporatIOn for the purchase of matenals used for roadway pavement rehabIlItatIOn. (Cost to the City -- $175,000 [$102,000 from the 1/2 Sales al1d Road Tax FUl1d, al1d $73,000 from the Gas Tax FUl1d].) (Resolutiol1 110t available at time of pril1til1g.) 14 02/22/2005 MOTION: That saId resolutIOn be adopted and that the DIrector of Finance be authonzed to amend the FY 2004-05 budget by transfernng $73,000 from Account No 126-369-5504-7345 to Account No 126-369-5504-7156 for pothole repaIr as outlmed m the staff report dated February 16, 2005, from Kerry Morford, Intenm DIrector of PublIc ServIces 27 LegIslatIve Task Force update END OF STAFF REPORTS 15 02/22/2005 COMMUNITY DEVELOPMENT COMMISSION TO BE HEARD AT 5:00 P.M. R28 Jomt publIc hearmg - DISposItIOn and Development of Agency lot (188 North Allen Street) - Meadowbrook Park Homes, Inc approved 2005 Meadowbrook Smgle Farmly ResIdentIal DISposItIOn and Development Agreement. (Documel1t 110t available at time of pril1til1g.) Ward 1 Mayor to opel1 the hearil1g . . . (Mayor al1d Commol1 Cowlcil) A ResolutIOn of the Mayor and Common CouncIl of the CIty of San Bernardmo approvmg the dISposItIOn of the Agency lot to Meadowbrook Park Homes, Inc , pursuant to the approved 2005 Meadowbrook Smgle Farmly ResIdentIal DISposItIOn and Development Agreement (IVDA Redevelopment ProJect Area) (Resolutiol1 110t available at time of pril1til1g.) (Commul1ity Developmel1t Commissiol1) B ResolutIOn of the Commumty Development COmmISSIOn of the CIty of San Bernardmo approvmg the dISposItIOn of the Agency lot to Meadowbrook Park Homes, Inc, pursuant to the approved 2005 Meadowbrook Smgle Farmly ResIdentIal DISposItIOn and Development Agreement (IVDA Redevelopment ProJect Area) (Resolutiol1 110t available at time of pril1til1g.) MOTION: That the hearmg be closed, and that saId resolutIOns A&B, be adopted. R29 Hearmg - ResolutIOn of publIc mterest and necessIty for acqUIsItIOn of real property 1307 Spruce Street (AP # 0138-115-02) San Bernardmo, CalIfornIa. (See Attached) Ward 1 Mayor to opel1 the hearil1g . . . ResolutIOn of the Commumty Development COmmISSIOn of the CIty of San Bernardmo declarmg the publIc mterest and necessIty of acqUIsItIOn of real property by the Redevelopment Agency of the CIty of San Bernardmo for commumty redevelopment purposes over the property known as 1307 Spruce Street, San Bernardmo, CalIfornIa (AP# 0138-115-02) m the Mt. Vernon Corndor Redevelopment ProJect Area. MOTION: That saId resolutIOn be adopted. 16 02/22/2005 R30 303 West Tillrd Street - Loan ModIficatIOn and Collateral AssIgnment and Consent to AssIgnment 2000 CDBG Program SectIOn 108 ProJect Development Loan Agreement. (Documel1t 110t available at time of pril1til1g.) Ward 1 (Mayor al1d Commol1 Cowlcil) A ResolutIOn of the Mayor and Common CouncIl of the CIty of San Bernardmo approvmg a 2005 Loan ModIficatIOn and Collateral AssIgnment Agreement and Consent to AssIgnment by and among the 303 LLC, the Redevelopment Agency of the CIty of San Bernardmo and the CIty of San Bernardmo and approvmg a 2005 Redevelopment Loan Agreement by and between the Agency and the CIty (303 Tillrd Street ProJect) (Resolutiol1l1ot available at time of pril1til1g.) (Commul1ity Developmel1t Commissiol1) B ResolutIOn of the Commumty Development COmmISSIOn of the CIty of San Bernardmo makmg certaIn findmgs relatmg to the temporary mvestment of low and moderate mcome housmg funds and approvmg a 2005 Loan ModIficatIOn and Collateral AssIgnment Agreement and Consent to AssIgnment by and among 303 LLC, the CIty of San Bernardmo and the Redevelopment Agency of the CIty of San Bernardmo and approvmg a 2005 Redevelopment Loan Agreement by and between the CIty and the Agency (303 Tillrd Street ProJect) (Resolutiol1l1ot available at time of pril1til1g.) MOTION: That said resolutions A&B, be adopted. Recommel1ded for approval at the Redevelopmel1t Committee 011 February 8, 2005 - Committee Members presel1t: Estrada, LOI1~ville al1d McGil1l1is R3l ResolutIOn of the Commumty Development COmmISSIOn of the CIty of San Bernardmo, CalIfornIa, approvmg tenmnatIOn of the Loan Agreement between the Redevelopment Agency and the San Bernardmo Symphony (See Attached) MOTION: That saId resolutIOn be adopted. R32 ResolutIOn of the Commumty Development COmmISSIOn of the CIty of San Bernardmo, CalIfornIa, approvmg an Amendment to SectIOn 6 of the Personnel PolIcIes and Procedures for all Employees of the CIty of San Bernardmo Econormc Development Agency (Documel1t al1d Resolutiol1 110t available at time of pril1til1g.) 17 02/22/2005 MOTION: That saId resolutIOn be adopted. 33 PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA A three-rmnute lIrmtatIOn shall apply to each member of the publIc who wIshes to address the Mayor and Common CouncIlICommumty Development COmmISSIOn on a matter not on the agenda. No member of the publIc shall be penmtted to "share" ills/her three rmnutes wIth any other member of the publIc (Usually any Items heard under tills headmg are referred to staff for further study, research, completIOn and/or future CouncillCOmmISSIOn actIOn.) 34 AdJournment. MOTION: That the meetmg be adJourned. NOTE: The next Jomt regular meetmg of the Mayor and Common CouncIlICommumty Development COmmISSIOn IS scheduled for 1 30 p m., Monday, March 7,2005, m the CouncIl Chambers of CIty Hall, 300 North "D" Street, San Bernardmo, CalIfornIa. 18 02/22/2005 NOTICE: Any member of the publIc may address tills meetmg of the Mayor and Common CouncIlICommumty Development COmmISSIOn on any Item appearmg on the agenda by approacillng the rmcrophone m the CouncIl Chambers when the Item about willch the member desIres to speak IS called and by askmg to be recogmzed. Any member of the publIc deslflng to speak to the Mayor and Common CouncIlICommumty Development COmmISSIOn concernIng any matter not on the agenda but willch IS wItmn the subJect matter JunsdIctIOn of the Mayor and Common CouncIlICommumty Development COmmISSIOn, may address the body at the end of the meetmg, dunng the penod reserved for publIc comments SaId total penod for publIc comments shall not exceed forty-five (45) rmnutes, unless such tIme lIrmt IS extended by the Mayor and Common CouncIlICommumty Development COmmISSIOn. A three rmnute lIrmtatIOn shall apply to each member of the publIc, unless such tIme lIrmt IS extended by the Mayor and Common CouncIlICommumty Development COmmISSIOn. No member of the publIc shall be penmtted to "share" ills/her three rmnutes wIth any other member of the publIc The Mayor and Common CouncIlICommumty Development COmmISSIOn may refer any Item raIsed by the publIc to staff, or to any COmmISSIOn, board, bureau, or COmmIttee for appropnate actIOn or have the Item placed on the next agenda of the Mayor and Common CouncIlICommumty Development COmmISSIOn. However, no other actIOn shall be taken nor dIscussIOn held by the Mayor and Common CouncIlICommumty Development COmmISSIOn on any Item willch does not appear on the agenda unless the actIOn IS otherwIse authonzed m 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 hearmg has been conducted and closed. 19 02/22/2005