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HomeMy WebLinkAbout07-24-2006 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 Gordon McGinnis Neil Derry Website: www.sbcity.org Chas Kelley Rikke Van Johnson Wendy McCammack AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, JULY 24, 2006 – 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 14-17.) CALL TO ORDER: ___________________________________________ PRESENT: ___________________________________________ ABSENT: ___________________________________________ 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. 07/24/2006 1 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): City of San Bernardino and Economic Development Agency for the City of San Bernardino v. Valerie Pope-Ludlam, et al. – San Bernardino Superior Court Case No. SCVSS 108965; Sequenta Lawrence, et al. v. City of San Bernardino, et al. – United States District Court, Central District of California Case No. CV 04-336 FMC (SGLx); Juventino Flores v. City of San Bernardino, et al. – United States District Court, Central District of California Court Case No. EDCV 05- 00505 SGL (JTLx); San Bernardino City Unified School District v. Helen Danton, et al. – San Bernardino Superior Court Case No. SCVSS 129273. 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: Diamond Concessions of CA, Inc., dba Diamond Creations 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. Daniel Osias City of San Bernardino and the Redevelopment Agency of the City of San Bernardino v. Upham Development Company, El Corte Ingles, S.A. Company, and LNR San Bernardino, LLC 07/24/2006 2 (Item Continued on Next Page) 1. Continued. D. Closed Session – personnel – pursuant to Government Code Section 54957. 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: Operation Phoenix Target Area 1.Property Address: 1268 Wall Avenue, San Bernardino APN: 0146-241-05 Negotiating Parties: Maggie Pacheco, Executive Director on behalf of the Redevelopment Agency, as buyer and Edith Aguirre, as property owner/seller Under Negotiation: Purchase price, terms, and conditions th 2.Property Address: 253 East 14 Street, San Bernardino APN: 0146-212-09 Negotiating Parties: Maggie Pacheco, Executive Director on behalf of the Redevelopment Agency, as buyer and Benjamin Haros, property owner/seller Under Negotiation: Purchase price, terms, and conditions 3.Property Address: 1532 Sepulveda Avenue, San Bernardino APN: 0146-142-15 Negotiating Parties: Maggie Pacheco, Executive Director on behalf of the Redevelopment Agency, as buyer and Margarito Urena and Lorena Urena, property owners/sellers Under Negotiation: Purchase price, terms, and conditions 07/24/2006 3 END OF CLOSED SESSION 07/24/2006 4 RECONVENE MEETING – 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ 2. Appointments. A. Redevelopment Committee – Council Member Baxter. (See Attached) MOTION: That the Mayor and Common Council appoint Council Member Baxter to the Redevelopment Committee. 3. Presentations. A. Service Pin Awards 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 normal sequence on the agenda. Information concerning Consent Calendar items is available for public review. CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 5 through 23, be adopted except for ____, ____, ____, ____, and ____. 5. Waive full reading of resolutions and ordinances. MOTION: That full reading of the resolutions and ordinances on the regular, supplemental and addendum to the supplemental agendas of the Mayor and Common Council and Community Development Commission, be waived. 6. Council Minutes. MOTION: That the minutes of the following meeting(s) of the Mayor and Common Council/Community Development Commission be approved as submitted in typewritten form: 07/24/2006 5 June 5, 2006 (Distributed on 7/11/2006) 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization issue warrants as listed in the memorandum dated July 7, 2006, from Barbara Pachon, Director of Finance, be approved. 8. Personnel Actions. (See Attached) MOTION: That the personnel actions, as submitted by the Chief Examiner, dated July 19, 2006 in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. City Attorney 9. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Mundell, Odlum & Haws and the City of San Bernardino in the case of Michael Desrochers v. City of San Bernardino, et al. (See Attached) MOTION: That said resolution be adopted. 9A. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a joint litigation and confidentiality agreement between Richards, Watson & Gershon and the City of San Bernardino in the case of City of San Bernardino, et al. v. County of San Bernardino (Perchlorate litigation). (Document and Resolution not available at time of printing.) MOTION: That said resolution be adopted. 10. Resolutions placing a Charter Amendment on the November 7, 2006, ballot adding Section 123 to the City Charter. (Document not available at time of printing.) A. Resolution of the Mayor and Common Council of the City of San Bernardino calling a Special Municipal Election on a proposed Charter Amendment amending Section 120 – the Initiative; Section 122 – the Recall and adding Section 123 – Compliance with State Law and requesting that said City of San Bernardino’s Special Municipal Election be consolidated with the November 7, 2006, Statewide General Election 07/24/2006 6 conducted by the County of San Bernardino. (Resolution not available at time of printing.) (Item Continued on Next Page) 10. Continued. B. Resolution of the Mayor and Common Council of the City of San Bernardino submitting to the qualified electors of said City for their approval a proposed Charter Amendment amending Section 120 – the Initiative; Section 122 – the Recall and adding Section 123 – Compliance with State Law; transmission of the proposed Charter Amendment to the Office of the City Attorney for the purposes of preparation of an impartial analysis. (Resolution not available at time of printing.) MOTION: That said resolutions be adopted. City Clerk 10A. Resolutions placing Charter Amendments on the November 7, 2006, ballot related to Initiative, Recall and Referendum provisions. (See Attached) (Cost to the City - - $50,000 from the General Fund.) A. Resolution of the Mayor and Common Council of the City of San Bernardino calling a Special Municipal Election on a proposed Charter Amendment relating to Section 120, the Initiative and requesting that said City of San Bernardino’s Special Municipal Election be consolidated with the November 7, 2006 Statewide General Election conducted by the County of San Bernardino. (Resolution not available at time of printing.) B. Resolution of the Mayor and Common Council of the City of San Bernardino calling a Special Municipal Election on a proposed Charter Amendment relating to Section 121, the Referendum and requesting that said City of San Bernardino’s Special Municipal Election be consolidated with the November 7, 2006 Statewide General Election conducted by the County of San Bernardino. (Resolution not available at time of printing.) C. Resolution of the Mayor and Common Council of the City of San Bernardino calling a Special Municipal Election on a proposed Charter Amendment relating to Section 122, the Recall and requesting that said City of San Bernardino’s Special Municipal Election be consolidated with the November 7, 2006 Statewide General Election conducted by the County of San Bernardino. (Resolution not available at time of printing.) 07/24/2006 7 (Item Continued on Next Page) 10A. Continued. D. Resolution of the City of San Bernardino submitting to the qualified electors of said City for their approval a proposed Charter Amendment relating to Section 120, the Initiative; transmission of the proposed Charter Amendment to the Office of the City Attorney for purposes of preparation of an impartial analysis. (Resolution not available at time of printing.) E. Resolution of the City of San Bernardino submitting to the qualified electors of said City for their approval a proposed Charter Amendment relating to Section 121, the Referendum; transmission of the proposed Charter Amendment to the Office of the City Attorney for purposes of preparation of an impartial analysis. (Resolution not available at time of printing.) F. Resolution of the City of San Bernardino submitting to the qualified electors of said City for their approval a proposed Charter Amendment relating to Section 122, the Recall; transmission of the proposed Charter Amendment to the Office of the City Attorney for purposes of preparation of an impartial analysis. (Resolution not available at time of printing.) MOTION: That said resolutions A-F, be adopted. City Manager 11. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of a Master Services Agreement by and between the Inland Valley Development Agency and the City of San Bernardino for provision of city services for Fiscal Year 2006/2007. (See Attached) (Up to $239,600 reimbursement to the City.) MOTION: That said resolution be adopted; and that the Director of Finance be authorized to increase Account No. 001-183-5505 by $100,000 for expedited engineering services, and revenue Account No. 001-000-4671 by $100,000 to reflect corresponding reimbursement. 07/24/2006 8 12. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute a Master Services Memorandum of Understanding with the Water Department for provision of City services for Fiscal Year 2006/2007. (See Attached) (Reimbursement to various City funds.) MOTION: That said resolution be adopted. Development Services 13. Resolution of the City of San Bernardino amending Resolution No. 3985 entitled, in part, “A resolution…prohibiting parking upon certain designated streets, alleys, or portions thereof…” to establish a no parking Saturdays and Sundays between the hours of 7:00 a.m. and 4:00 p.m. except by permit zone on residential streets located north of Pacific Street and west of Arden Avenue in the vicinity of the San Bernardino Soccer Complex. (See Attached) (Cost to the City -- $6,000 from the General Fund.) Ward 7 MOTION: That said resolution be adopted. 14. Authorize execution of Contract Change Order No. One to a contract with J.D.C., Inc. for construction of ADA access ramps and sidewalk at Gilbert Street (SS-B 05/06), per Plan No. 11567. (See Attached) (Cost to the City -- $5,492.05 from the ½ Cent Sales and Road Tax Fund.) Ward 2 MOTION: That the Director of Development Services be authorized to execute contract Change Order No. One in the amount of $5,492.05 to the contract with J.D.C., Inc. for construction of ADA access ramps and sidewalk at Gilbert Street (SS-B 05/06), per Plan No. 11567. 15. Authorize the Director of Development Services to execute Contract Change Order No. One to the contract with Downstream Services, Inc. for cleaning sewer siphons at various locations in the City of San Bernardino (SW-D 05/06), per Project Plan No. 11340B. (See Attached) (Cost to the City -- $22,398.39 from the Sewer Line Maintenance Fund.) Wards 1,3&7 07/24/2006 9 (Item Continued on Next Page) 15. Continued. MOTION: That the Director of Development Services be authorized to execute Contract Change Order No. One to the contract with Downstream Services, Inc. for cleaning sewer siphons at various locations in the City of San Bernardino (SW-D 05/06), per Project Plan No. 11340B. 16. Resolution of the City of San Bernardino, authorizing and setting the Special Tax Rate for that certain area annexed into the City of San Bernardino pursuant to LAFCO 3049, generally located north of Highland Avenue, east of Golden Avenue, for paramedic services, and approving the Fiscal Year 2006/2007 Tax Roll and establishing Special Tax Area 2006-1. (See Attached) (Estimated revenue to the City -- $16,036.) Ward 7 MOTION: That said resolution be adopted. 17. Resolution of the Mayor and Common Council of the City of San Bernardino approving a Cooperative Agreement between the San Bernardino County Transportation Authority, the Inland Valley Development Agency (IVDA), the County of San Bernardino, the cities of San Bernardino and Highland, and the San Manuel Band of Mission Indians, for the preparation of a Project Study Report (PSR) for State Route 210 – Arden-Highland and Victoria Avenue interchanges (SS07-24). (See Attached) (Cost to the City -- $50,000 from the ½ Cent Sales and Road Tax Fund.) Wards 4&7 MOTION: That the Mayor be authorized to execute Cooperative Agreement No. 06-057 with the San Bernardino County Transportation Authority; and that said resolution be adopted. 18. Authorize execution of Contract Change Order No. One to contract with David th T. Wasden, Inc. for sewer and street improvements on 34 Street – Leroy Street th to Waterman Avenue (SW 04-23); 48 Street – “F” Street to Electric Avenue (SW 04-24); and street improvements on Richardson Street – San Bernardino Avenue to Victoria Avenue (SW 04-34); Cooley Avenue – Tippecanoe Avenue ndth to Gage Canal (SW 04-35); and “E” Street – 2 Street to 4 Street (SW 04-06), 07/24/2006 10 per Project Plan No. 11147. (See Attached) (Cost to the City -- $14,904.39 from various funds.) Wards 1,3,4,&7 (Item Continued on Next Page) 18. Continued. MOTION: That the Director of Development Services be authorized to execute Contract Change Order No. One to the contract with David T. Wasden, Inc., for sewer and street improvements on thth 34 Street – Leroy Street to Waterman Avenue (SW 04-23); 48 Street – “F” Street to Electric Avenue (SW 04-24); and street improvements on Richardson Street – San Bernardino Avenue to Victoria Avenue (SW 04-34); Cooley Avenue – Tippecanoe nd Avenue to Gage Canal (SW 04-35); and “E” Street – 2 Street to th 4 Street (SW 04-06); per project Plan No. 11147. Fire 19. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City of San Bernardino to enter into Standard Agreements with the Department of Mental Health-Patton State Hospital. (See Attached) (No additional cost to the City -- $20,000 revenue anticipated.) MOTION: That said resolution be adopted; and that the Director of Finance be authorized the amend the FY 2006/07 budget and increase General Fund revenue Account No. 001-000-4880 (EMS User Fee) by $20,000 from $450,000 to a new total of $470,000. 20. Item deleted. Parks, Recreation & Community Services 21. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute an Agreement between the City of San Bernardino and the San Bernardino City Unified School District for delivery of meals and snacks to Delmann Heights Community Center Head Start Program. (See Attached) (No cost to the City -- $28,050 from the Federal and State Programs Fund.) (Resolution not available at time of printing.) Ward 6 MOTION: That said resolution be adopted. 22. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute a Services Agreement between the City of San Bernardino and Boys and Girls Club of San Bernardino Inc. to provide 07/24/2006 11 community services at the Delmann Heights Community Center. (See Attached) (Cost to the City -- $119,000 from the General Fund.) Ward 6 MOTION: That said resolution be adopted. 23. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Finance Director or her designee to execute a purchase order to Athletic Field Specialists for the design and installation of irrigation system improvements for two (2) baseball fields and park located at Nicholson Park. (See Attached) (Cost to the City -- $101,296.20 from the Park Construction Fund.) Ward 6 MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at the Ways and Means Committee meeting on July 12, 2006 – Members present: Estrada and Johnson 24. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an Agreement with the City of San Bernardino and Western Regional Little League Baseball for financial assistance from the Civic and Promotion Fund for FY 2006/07. (See Attached) (Cost to the City -- $44,200 from the General Fund; $5,000 in direct costs and $39,200 in indirect costs.) Ward 5 MOTION: That said resolution be adopted. Recommended for approval at the Personnel Committee meeting on July 17, 2006 – Members present: McGinnis, Baxter and McCammack 25. Reclassify the position of Electrical and HVAC Mechanic to Electrical & HVAC Supervisor and provide a salary adjustment for the position of Security Guard in the Facilities Management Department. (See Attached) MOTION #1: That the Mayor and Common Council increase the salary for the Security Guard from $9.00-$10.94 to $12.00 per hour; and MOTION #2: That the Mayor and Common Council reclassify one (1) Electrical and HVAC Mechanic position, Range 1414, ($3,500- 07/24/2006 12 $4,254/month to Electrical HVAC Supervisor, Range 2436, $3,906-$4,747/month; and MOTION #3: That the Human Resources Department be authorized to update Resolution No. 6413 and 97-244. 26. Update Salary/Position Resolutions to include positions approved in the Fiscal Year 2006/07 Budget. (See Attached) MOTION #1: That the Human Resources Department be authorized to update Resolution(s) 6413 and 97-244 as indicated in the staff report dated July 18, 2006, from Linn Livingston, Human Resources Director; and MOTION #2: That the Director of Finance be authorized to increase Account No. 001-388-5XXX (Salary/Benefits) by $55,000 in the Parks & Recreation Department and increase the revenue Account No. 001-000-4670 to correspond to the EDA reimbursement. END OF COMMITTEE CONSENT Development Services 27. Resolution of the City of San Bernardino authorizing and directing the execution of various Default Assessment Agreements relative to the proposed Assessment District No. 1022 (San Bernardino International Airport/Alliance-California Landscape and Lighting Maintenance Assessment District.) (See Attached) (No cost to the City.) (Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. PUBLIC HEARINGS Development Services CONTINUED FROM JULY 10, 2006 TO BE HEARD AT 4:00 P.M. 28. Public hearing – resolution ordering work – San Bernardino International Airport/Alliance–California Area Landscape and Lighting Maintenance 07/24/2006 13 Assessment District No. 1022, Zone 1, 2 and 3. (Backup material distributed on June 5, 2006, Item No. 35; item was continued to June 19, Item No. 41; and item was continued to July 10, 2006, Item No. 37.) Ward 1 (Item Continued on Next Page) 28. Continued. Resolution of the City of San Bernardino finding and determining the existence of less than a majority protest, that ballots submitted in favor of the assessment exceed the ballots submitted in opposition to the assessment and that the public convenience and necessity require the maintenance of landscaping in San Bernardino International Airport/Alliance-California area, generally north of rd Central Avenue, east of Lena Road and south of 3 Street, approving the Final Engineer’s Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1022, Zone 1, Zone 2, and Zone 3, ordering the work, confirming the 2006-2007 assessment roll, and determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. The hearing remains open . . . MOTION: That the hearing be closed; and that said resolution be adopted. th (4/5 vote required) END OF PUBLIC HEARINGS STAFF REPORTS Parks, Recreation & Community Services 29. Authorize the Finance Director to amend the FY 2006/07 adopted budget and transfer $180,000 from Account No. 001-092-5502 (General Government) to various Parks & Recreation and Code Compliance accounts for programs related to the “Safe Summer for Youth Initiative.” (See Attached) (Cost to the City -- $180,000 from the General Fund.) MOTION: That the Director of Finance be authorized to amend the FY 2006/07 adopted budget and transfer $180,000 from General Government Account No. 001-092-5502 to various Parks & 07/24/2006 14 Recreation and Code Compliance accounts as outlined in the staff report dated July 14, 2006, from Lemuel Randolph, Director of Parks, Recreation and Community Services for programs related to the “Safe Summer for Youth Initiative”. TO BE HEARD AT 5:00 P.M. 30. Joint Mayor and Common Council and Planning Commission workshop to review Measure I projects and project development process – Economic Development Agency Boardroom. TO BE HEARD AT 5:30 P.M. 31. Capital Improvement Program (CIP) workshop in the Economic Development Agency Boardroom to review the 5-Year Capital Improvement Program – Fiscal Years 2006/07-2010/11. TO BE HEARD AT 5:30 P.M 32. Council workshop in the Economic Development Agency Boardroom to discuss the formation of a new San Bernardino community center and park. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION TO BE HEARD AT 4:30 P.M. R33. Hearing – resolution of public interest and necessity for acquisition of real th property – 746 West 5 Street. (See Attached) Ward 1 Resolution of the Community Development Commission of the City of San Bernardino declaring the Public Interest and Necessity of Acquisition of Real Property by the Redevelopment Agency of the City of San Bernardino for th community redevelopment purposes over the property located at 746 West 5 Street, San Bernardino, California (APN: 0134-054-07, 08 and 09) in the Central City North Redevelopment Project Area. 07/24/2006 15 Mayor to open the hearing . . . MOTION: That the hearing be closed; and that said resolution be adopted. TO BE HEARD AT 4:30 P.M. R34. Hearing – resolution of public interest and necessity for acquisition of real th property – 723-739 West 5 Street. (See Attached) Ward 1 Resolution of the Community Development Commission of the City of San Bernardino declaring the Public Interest and Necessity of Acquisition of Real Property by the Redevelopment Agency of the City of San Bernardino for community redevelopment purposes over the property located at 723-739 West th 5 Street, San Bernardino, California (APN: 0134-093-07) in the Central City North Redevelopment Project Area. Mayor to open the hearing . . . MOTION: That the hearing be closed; and that said resolution be adopted. TO BE HEARD AT 4:30 P.M. R35. Hearing – resolution of public interest and necessity for acquisition of real th property – 696 West 5 Street. (See Attached) Ward 1 Resolution of the Community Development Commission of the City of San Bernardino declaring the Public Interest and Necessity of Acquisition of Real Property by the Redevelopment Agency of the City of San Bernardino for th community redevelopment purposes over the property located at 696 West 5 Street, San Bernardino, California (APN: 0134-061-21, 22, 25 and 30) in the Central City North Redevelopment Project Area. Mayor to open the hearing . . . MOTION: That the hearing be closed; and that said resolution be adopted. 07/24/2006 16 Recommended for approval at the Redevelopment Committee meeting on July 5, 2006 – Committee Members Present: Estrada, McGinnis & Johnson TO BE HEARD AT 4:30 P.M. R36. Public hearing – HUD Section 108 Loan Guarantee Contract and related documents – North Arden Guthrie Commercial Redevelopment Project (IVDA Redevelopment Project Area). (See Attached) (Item Continued on Next Page) R36. Continued. (Mayor and Common Council) A. Resolution of the Mayor and Common Council of the City of San Bernardino approving and authorizing the Mayor to execute the contract and related documents for the Loan Guarantee Assistance under Section 108 of the Housing and Community Development Act of 1974, as amended, 42 USC Section 5308 (CDBG Section 108 Contract No. B-03- MC-06-0539) – North Arden Guthrie Commercial Development Project (IVDA Redevelopment Project Area). (Resolution not available at time of printing.) (Mayor and Common Council) B. Resolution of the Mayor and Common Council of the City of San Bernardino approving and authorizing the Mayor to execute the 2006 Redevelopment Cooperation Loan Agreement by and between the City of San Bernardino and the Redevelopment Agency of the City of San Bernardino (“Agency”) - North Arden Guthrie Commercial Development Project (IVDA Redevelopment Project Area) (Resolution not available at time of printing.) (Community Development Commission) C. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino (“Agency”) to execute the 2006 Redevelopment Cooperation Loan Agreement by and between the Agency and the City of San Bernardino - North Arden Guthrie Commercial Development Project (IVDA Redevelopment Project Area). (Resolution not available at time of printing.) Mayor to open the hearing . . . MOTION: That the hearing be closed; and that said resolutions A-C, be adopted. 07/24/2006 17 Recommended for approval at the Redevelopment Committee meeting on April 4, 2006 – Committee Members Present: Estrada, McGinnis & Johnson CONTINUED FROM JUNE 19, 2006 TO BE HEARD AT 4:30 P.M. R37. Public hearing Disposition and Development Agreement by and between the Agency and Century Crowell Communities, LP (Agency property located north of Little League Drive, east of I-215 Freeway). (No backup materials were distributed on June 19, 2006, Item No. R54.) Ward 5 (Item Continued on Next Page) R37. Continued. (Mayor and Common Council) A. Resolution of the Mayor and Common Council of the City of San Bernardino approving the 2006 Disposition and Development Agreement (“DDA”) by and between the Redevelopment Agency of the City of San Bernardino (“Agency”) and Century Crowell Communities, LP, a California limited partnership (“Developer”) related to approximately 79 acres of Agency property located north of Little League Drive, east of I- 215 Freeway (“Property”). (Resolution not available at time of printing.) (Community Development Commission) B. Resolution of the Community Development Commission of the City of San Bernardino (1) approving the 2006 Disposition and Development Agreement (“DDA”) by and between the Redevelopment Agency of the City of San Bernardino (“Agency”) and Century Crowell Communities, LP, a California limited partnership (“Developer”) and authorizing the Agency Executive Director to execute said DDA relating to the sale and development of Agency property located north of Little League Drive, east of I-215 Freeway – approximately 79 acres in the City of San Bernardino (“Property”) and (2) making certain findings thereto related to the development of the Property and adopting a Mitigated Negative Declaration related to said DDA. (Resolution not available at time of printing.) The hearing remains open . . . MOTION: That the hearing be closed; and that said resolutions A&B, be adopted. 07/24/2006 18 END OF COMMUNITY DEVELOPMENT COMMISSION 38. 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.) 39. 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, August 7, 2006, in the Council Chambers of City Hall, 300 North “D” Street, San Bernardino, California. 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. 07/24/2006 19 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. 07/24/2006 20