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HomeMy WebLinkAbout03-17-2008 Reg. Agenda Council Meeting for 03-17-2008 (Scroll down or click on item to read the Agenda...) Agenda Items O1 R31-Economic Development Agency 02 R32 03 R33-Economic Development Agency 04 R34 OS R35-Development Services 06-Council Minutes 36 07-Finance 37-Council Office 08-Civil Service 38 09-Ci. Clerk 39 10-Development Services l t-Facilities Mana eg ment 12-Facilities Mana eg ment 13-Fire Department 14-Fire Department 15-Parks & Recreation 16-Police Deparhnent 17-Police Deparhnent 18-Police Deparhnent 19-Police Deparhnent 20-Development Services 21-Council Office 22 23 24-Code Enforcement 25-Development Services 26-Ci. Clerk 27-Ci . Manager 28-City Attorney 29 30-Development Services ~" Mayor Patrick J. Morris CITY OF SAN BERNARDINO council Members: 3~~ N. "D „Street Esther Estrada Dennis J. Baxter San Bernardino, CA 92418 Tobin Bunker WebSlte: WWW.SZ7Clly.Org Neil Derry • p Chas Kelley San Bernardino Rikke Van Johnson sM Wendy McCammack AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, MARCH 17, 2008 - 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. 1 03/17/2008 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): Victoria Garrison v. City of San Bernardino, et al. -San Bernardino Superior Court Case No. SCVSS 142411; Sequenta Lawrence, et al. v. City of San Bernardino, et al. -United States District Court Case No. EDCV 04-0336 FMC (VBKx); J.R., et al. v. City of San Bernardino, et al. - U.S. District Court Case No. EDCV 2005-1045 JWJ; U.S. Court of Appeals Case Nos. 07-56375 and 08-55102; Town of Apple Valley, et al. v. County of San Bernardino -Los Angeles County Superior Court Case No. KC049711 "J"; Timothy Weisenberger, et al. v. State of California, et al. -San Bernardino Superior Court Case No. SCVSS 134901; Robert Wiles v. City of San Bernardino, et al. -United States District Court Case No. EDCV 07-01165 VAP (Opx). 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: Arrowhead Country Club Area Residents 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. Arrowhead Country Club City of San Bernardino v. Jesse Mitchell, M.D. (Item Continued on Next Page) 2 03/17/2008 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: 1. Property Address: 1208 N. "H" Street APN: 0145-221-09 Negotiating Parties: Keith Williams, Acquisition Agent, on behalf of Caltrans, as buyer and Fred Wilson, City Manager, on behalf of the City of San Bernardino Under Negotiation: Purchase price, terms and conditions 2. Property Address: Vacant Lot APN: 0147-191-12 Negotiating Parties: Fred Wilson, City Manager, on behalf of the City of San Bernardino, and Gerald Crowther on behalf of Grand Central Enterprises, Inc., property owners Under Negotiation: Purchase price, terms and conditions 3. Property Address: Vacant Lot APN: 0136-221-15, 0136-221-47 Negotiating Parties: Fred Wilson, City Manager, on behalf of the City of San Bernardino, and James D. and Diana S. Smith, property owners Under Negotiation: Purchase prices, terms and conditions (Item Continued on Next Page) 3 03/17/2008 1. Continued. Central City Redevelopment Project Area 4. Property Address: 333 North "H" Street APN: 0134-182-04 Negotiating Parties: Emil Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, as buyer, and Walter Hunt, as owner Under Negotiation: Purchase price, terms, and conditions 5. Property Address: Northwest corner of 4~' and "G" Streets APNs: 0134-093-19, 20 and 43, and 0134- 093-45 Negotiating Parties: Emil Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, as owner, and TELACU Housing - San Bernardino V, Inc., as buyer Under Negotiation: Purchase price, terms, and conditions END OF CLOSED SESSION 4 03/17/2008 RECONVENE MEETING - 3:00 P.M. PRESENT: ABSENT: 2. Appointments. A. Daisy Martinez -Youth Advisory Commission -Sierra High School's Appointment. (See Attached) B. Arthur Guerrero - Community Television Commission - Council Member Estrada. (Document not available at time of printing.) C. Jerry L. Zuniga -Board of Police Commissioners -Council Member Estrada. (Document not available at time of printing.) D. James J. Eble -Board of Police Commissioners -Council Member Brinker. (Document not available at time of printing.) E. Debra Sue Morton -Senior Affairs Commission -Council Member Kelley. (Document not available at time of printing.) F. Re-appointments -Various Committees/Commissions -Council Member Kelley. (Document not available at time of printing.) Norma J. Blackmon Animal Control Commission Robert N. D'Amato Bicentennial Ad Hoc Committee Robert M. Edwards Board of Building Commissioners Joyce P. Seeger Community Development Citizen Advisory Committee Shukri "Shawn" Sakiri Community Television Commission Lynette McLean Kaplan Fine Arts Commission Harold Hoppins Board of Fire Commissioners Nicholas R. Cataldo Historical Preservation Commission Amanda Jacobs Human Relations Commission Marlene Evans Measure Z Citizens Oversight Committee Keith Jordan Parks and Recreation Commission Larry A. Heasley Planning Commission Colleen Devlin-Burgraff Board of Police Commissioners Christian Kelley Youth Advisory Commission MOTION: That said appointments and re-appointments A-F, as requested by Council Members Estrada, Brinker, and Kelley, be approved. 5 03/17/2008 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 19 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 (See Attached) MOTION: That the minutes of the following meeting(s) of the Mayor and Common Council/Community Development Commission of the City of San Bernardino, be approved as submitted in typewritten form: February 4, 2008 (Distributed on 3/7/08) February 19, 2008 (Distributed on 3/10/08) 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated February 29, 2008, from Barbara Pachon, Director of Finance, be approved. 6 03/17/2008 8. Personnel Actions. MOTION: That the personnel actions, as submitted by the Interim Chief Examiner, dated March 13, 2008 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 Clerk 9. Resolution of the Mayor and Common Council of the City of San Bernardino, California, reciting the facts of the Consolidated Special Municipal Election held on the 5`~ day of February 2008, declaring the results thereof and setting forth such other matters as are provided by law. (See Attached) (No Cost to City.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Development Services 10. Resolution of the Mayor and Common Council of the City of San Bernardino approving the Final Map for Tract Map No. 17576, located on the northeast corner of Date Street and Chiquita Lane in the (RMH), Residential Medium High Land Use District, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the improvements in said subdivision, with time for performance specified. (See Attached) (No Cost to City.) (Resolution not available at time of printing.) Ward 4 MOTION: That said resolution be adopted. Facilities Management 11. Resolution of the Mayor and Common Council of San Bernardino authorizing an increase to Purchase Order No. 208043 by an additional $20,000 to Phoenix Group Information Systems for parking citation processing. (See Attached) (Cost to City - $20,000 from the General Fund.) (Resolution not available at time of printing.) All Wards MOTION: That the matter be continued to Apri17, 2008. 7 03/17/2008 12. Resolution of the Mayor and Common Council of San Bernardino authorizing the Finance Director to increase Purchase Order No. 208059 by an additional $10,000 to Waxie Sanitary Supply for custodial supplies. (See Attached) (Cost to City - $10,000 from the General Fund.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted; and that the Director of Finance be authorized to transfer $10,000 from the Facilities Management FY 2007/08 budget Account No. 001-324-5011 (Salaries) to Account No. 001-324-5111 (Materials & Supplies). Fire 13. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a temporary employment agreement between the City of San Bernardino and Donald Feser for the position of Disaster Coordinator. (See Attached) (Cost to City - $33,050 from the General Fund.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2007/08 Fire Department budget and transfer $33,050 in salary savings (Account No. 001-206- SOXX, Salaries & Benefits) to the Fire Department professional services (Account No. 001-206-5505, Other Professional Services) . 14. Authorize the Director of Finance to amend the FY 2007-2008 Fire Department Budget to fund training materials and equipment from additional revenues received from the Rancho Santiago Community College District Agreement. (See Attached) MOTION: That the Director of Finance be authorized to amend the FY 2007/08 adopted budget and increase General Fund revenue Account No. 001-000-4708 (Fire Training Agreement) by $4,800 from $57,800 to a new total of $62,600; and to incorporate the expenditures in the amount of $4,800 associated with this agreement into the FY 2007/08 Fire Department budget, in accordance with the staff report, dated February 27, 2008, from Fire Chief Michael Conrad. 8 03/17/2008 Parks, Recreation & Community Services 15. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute Amendment No. 5 to Contract 02-1166 A-5 with the County of San Bernardino Public Health Department, accepting the proposal amount of $55,000 for the period of July 1, 2007 through June 30, 2008, and ratifying any action taken between July 1, 2007, and the date that this resolution is adopted. (See Attached) (Cost to City - $55,000 from Grant Mentoring Program Funds.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Police 16. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of an application by the Police Department to apply for and accept a Selective Traffic Enforcement Program (STEP) Grant from the State of California Office of Traffic Safety (OTS) in the amount of $197,748. (See Attached) (No Cost to City.) All Wards MOTION: That said resolution be adopted. 17. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of a purchase order to Pixelpushers, Inc. for an update to the Police Department's internal Intranet website and a new City Intranet site in an amount not to exceed $29,040. (See Attached) (Cost to City - $29,040 from 2005 COPS Technology Grant Funds.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 18. Set a public hearing for 4:00 p.m., April 7, 2008, regarding formalization of a Red Light Camera Photo Enforcement System Policy and expansion of the existing traffic signal violation system. (See Attached) All Wards MOTION: That the Mayor and Common Council set a public hearing for 4:00 p.m. April 7, 2008 for the purpose of formalizing a Red Light Camera Photo Enforcement System Policy and authorizing an amendment to the Lease and Services Agreement with Nestor Traffic Systems, Inc. , to expand the existing Traffic Signal Violation System. 9 03/17/2008 19. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the purchase of (4) Panasonic Mobile Data Computers (MDCs) and mounting equipment from GTSI Corporation. (See Attached) (Cost to City - $28,835.06 from Measure Z Funds.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at the Legislative Review Committee Meeting of February 21, 2008 -Committee Members Present: Kelley, Brinker, and Derry Development Services 20. Resolution of the Mayor and Common Council of the City of San Bernardino amending Resolution No. 2006-97 relating to the deferral of certain development impact fees. (See Attached) (No Cost to City.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 21. Proposed Charter amendment regarding submitting a ballot measure relative to the salary of Council Members and setting term limits. (Document not available at time of printing.) A. Resolution of the City of San Bernardino proposing an amendment to the Charter of said City of San Bernardino relating to the salary of Council Members and setting term limits. (Resolution not available at time of printing.) B. Resolution of the City of San Bernardino submitting to the qualified electors of said City for their approval a proposed Charter amendment relating to the salary of Council Members and setting term limits; 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.) (Item Continued on Next Page) 10 03/17/2008 21. Continued. 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 the salary of the Council Members and setting term limits and requesting that said City of San Bernardino's Special Municipal Election be consolidated with the November 4, 2008, Statewide General Election conducted by the County of San Bernardino. (Resolution not available at time of printing.) MOTION: That said resolutions A-C, be adopted. 22. Item Deleted. Recommended for approval at the Legislative Review Committee Meeting of March 3, 2008 -Committee Members Present: Kelley, Brinker, and Derry 23. Ordinance and Resolution relative to fireworks. (Document not available at time of printing.) A. An Ordinance of the City of San Bernardino adding Chapter 8.61, repealing Section 8.60.140, and amending Section 8.60.150 of the San Bernardino Municipal Code regarding fireworks. FIRST READING (Ordinance not available at time of printing. B. Resolution of the Mayor and Common Council of the City of San Bernardino directing the disposition of administrative civil penalties collected for violations of Chapter 8.60 and 8.61 of the San Bernardino Municipal Code (Safe and Sane Fireworks and Dangerous Fireworks). (Resolution not available at time of printing.) MOTION: That the matter be continued to Apri17, 2008. 24. An Ordinance of the Mayor and Common Council of the City of San Bernardino, California, amending San Bernardino Municipal Code adding Chapter 15.26, entitled Single Family Rental Property Inspection Program. FIRST READING (Document and Ordinance not available at time of printing.) MOTION: That said ordinance be laid over for final adoption. ll 03/17/2008 Recommended for approval at the Ways and Means Committee meeting of March 12, 2008 -- Committee Members Present: Estrada, Derry and Johnson 25. Proposition 1B Projects. (See Attached) MOTION: That the Mayor and Common Council approve the list of Proposition 1B funded projects; and that the Director of Finance be authorized to amend the FY 2007/08 Capital Improvements budget by increasing Proposition 1B revenues by $1,371,900 and appropriate these additional revenues to the various projects as specified in the Staff Report dated, March 12, 2008, from Valerie Ross, Director of Development Services. END OF COMMITTEE CONSENT PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M City Clerk 26. Public hearing -resolution imposing liens on property located within the City of San Bernardino for uncollected business registration fees. (See Attached) (No Cost to City.) All Wards Resolution of the City of San Bernardino imposing liens on certain parcels of real property located within the City of San Bernardino for uncollected business registration fees. (Resolution not available at time of printing.) Mayor to open the hearing . MOTION: That the hearing be closed; that the City Clerk be directed to administratively remove any properties from Exhibit A which have been paid prior to the hearing; and that said resolution be adopted. END OF PUBLIC HEARINGS 12 03/17/2008 CONTINUED ITEMS CONTINUED FROM MARCH 3, 2008 27. Agreements with the Rotary Club of San Bernardino for financial assistance, waiver of fees and use of the City seal and other city insignia for the Earth Day Fair & Expo 2008 scheduled for April 25 & 26, 2008. (Backup material was originally distributed on February 19, 2008, Item No. 24; was continued to March 3, 2008, Item No. 16.) (Cost to City $5,000 direct; $9,688.64 indirect from the Civic and Promotion Fund.) Ward 1 A. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of an agreement with the Rotary Club of San Bernardino for financial assistance from the Civic and Promotion Fund for FY 2007/08. B. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an agreement between the City of San Bernardino and the Rotary Club of San Bernardino for use of the City's seal and other City insignia. (Resolution not available at time of printing.) MOTION: That said resolutions A&B, be adopted; that funding be authorized in the amount of $5,000 and indirect funding in the amount of $9,688.64 be transferred from the FY 2007/08 Civic and Promotion Fund into the Police Department account as listed in the Staff Report dated January 13, 2008, from Fred Wilson, City Manager; and authorize a waiver of fees and use of City personnel and equipment to assist with the Earth Day Fair & Expo 2008 scheduled for Apri125 & 26, 2008. 28. Establishing administrative civil penalties for violations of the Municipal Code. A. An Ordinance of the City of San Bernardino adding Chapter 9.93 to the San Bernardino Municipal Code and establishing administrative civil penalties for violations of the Municipal Code. FIRST READING (Backup material was distributed on November 19, 2007, Item No. 27; item was continued to January 22, 2008, Item No. 29.) B. Resolution of the Mayor and Common Council of the City of San Bernardino directing the disposition of administrative civil penalties collected pursuant to San Bernardino Municipal Code Chapter 9.93 for violations of the San Bernardino Municipal Code. (Resolution not available at time of printing. MOTION: That the matter be continued to Apri17, 2008 13 03/17/2008 STAFF REPORTS Council Office 29. Election Mayor Pro Tempore. Development Services 30. Request from the San Bernardino City Unified School District for a determination of consistency with the City General Plan for development of the site proposed for Wilson II Elementary School. (See Attached) (No Cost to City.) Ward 7 MOTION: That the matter be continued to Apri17, 2008. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION CONTINUED FROM MARCH 3, 2008 TO BE HEARD AT 4:30 P.M. R31. Joint Public Hearing -TELACU Housing -San Bernardino IV, Inc., 2008 HOME Funds Loan and Grant Development Agreement (IVDA Redevelopment Project Area). (Backup material was distributed on March 3, 2008, Item No. R18.) Ward 4 (Mayor and Common Council) A. Resolution of the Mayor and Common Council of the City of San Bernardino approving 1) an amendment to the City's 2005-2010 Five- Year Consolidated Plan and the 2007-2008 Annual Action Plan, and 2) the allocation of $3.2 million in Federal HOME CHDO Grant Funds to TELACU Housing -San Bernardino IV, Inc., a California non-profit public benefit corporation ("Developer") (IVDA Redevelopment Project Area) . (Community Development Commission) B. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute the 2008 HOME Funds Loan and Grant Development Agreement by and between the Agency and TELACU Housing -San Bernardino IV, Inc., a California non-profit public benefit corporation ("Developer") (IVDA Redevelopment Project Area). (Item Continued on Next Page) 14 03/17/2008 R31. Continued. The hearing remains open . MOTION: That the hearing be closed; and that said resolutions A&B, be adopted. Recommended for approval at the Redevelopment Committee Meeting on January 24, 2008 -Committee Members Present: Estrada, Baxter and Johnson TO BE HEARD AT 4:30 P.M. R32. Joint Public hearing - Disposition and Development Agreement - AGA Properties, LLC, (A Residential Development - Central City North Redevelopment Project). (Document not available at time of printing.) 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 the Redevelopment Agency of the City of San Bernardino ("Agency") properties (4 lots) located on the northeast corner of 6`~ and "G" Streets to AGA Properties, LLC ("Developer"), pursuant to the 2008 Old Towne Disposition and Townhouse Development Agreement, an Affordable Residential Development (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 and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute the 2008 Old Towne Disposition and Townhouse Development Agreement ("2008 Agreement") by and between the Agency and AGA Properties, LLC ("Developer"), and making certain findings and determinations related to said 2008 Agreement, an Affordable Residential Development (Central City North Redevelopment Project Area). (Resolution not available at time of printing.) MOTION: That the matter be tabled. 15 03/17/2008 Recommended for approval at the Redevelopment Committee Meeting on January 10, 2008 -- Committee Members Present: Baxter and Johnson R33. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute a 2008 New Job Opportunities Redevelopment Grant Agreement by and between the Agency and Young Electric Sign Company, Inc. ("YESCO"), for the development of the property at 5405 Industrial Parkway ("Property") (Northwest Redevelopment Project Area). (Document not available at time of printing.) Ward 6 MOTION: That said resolution be adopted. R34. Item Deleted. R35. Council and Commission resolutions approving agreement with Republic ITS to design and install banner poles and related work on University Parkway north of Varsity Avenue. (See Attached) (Cost to City $107,216 from the Street Construction Fund.) Ward 5 (Community Development Commission) A. Resolution of the Community Development Commission of the City of San Bernardino ("Commission") appropriating the sum of $107,216 from 2007/2008 State College Redevelopment Project Area Tax Increment Funds ("Funds") to the City of San Bernardino ("City") for the construction of banner poles and related work on University Parkway, north of Varsity Avenue ("Public Improvements") and making certain findings and determinations related to the construction of said public improvements with said funds. (Mayor and Common Council) B. Resolution of the Mayor and Common Council of the City of San Bernardino ("Council") (1) Approving and authorizing the City Manager to execute an agreement by and between the City of San Bernardino (`City") and Republic ITS ("Contractor") in the amount of $89,346 and (2) making certain findings and determinations and consenting to the payment for public improvements by the Redevelopment Agency of the City of San Bernardino ("Agency") in the total amount of not to exceed $107,216 from the Agency's 2007-2008 State College Redevelopment Project Area Tax Increment Funds. (Item Continued on Next Page) 16 03/17/2008 R35. Continued. MOTION: That said resolutions A&B, be adopted; and that the Director of Finance be authorized to amend the FY 2007/08 budget to create anew capital improvement project and to appropriate $107,216 in the Street Construction Fund, Account No. 242-362-5504-XXXX, for the "Design and installation of banner poles and related work on University Parkway, north of Varsity Avenue" , and to budget revenue reimbursement for the project from the Economic Development Agency (EDA) in the amount of $107,216. END OF COMMUNITY DEVELOPMENT COMMISSION City Attorney 36. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a First Amendment to a Lease of Property between Union Pacific Railroad Company and the City of San Bernardino. (Resolution not available at time of printing.) MOTION: That the matter be continued to Apri17, 2008. 37. Ordinance of the City of San Bernardino amending Title 2, "Administration and Personnel," of the San Bernardino Municipal Code by adding Chapter 2.01 "Mayor Pro-Tempore" and amending Chapter 2.76 "Council Committees" to add Section 2.76.040 "Senior Council Member" and Section 2.76.050 "Appointment of Committee Members and Committee Chairpersons." FIRST READING (Document and Ordinance not available at time of printing.) MOTION: That said ordinance be laid over for final adoption. 38. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA: Athree-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.) 17 03/17/2008 39. Adjournment. MOTION: That the meeting be adjourned to 4:30 p.m., Wednesday, March 19, 2008, in the Economic Development Agency Boardroom, 201 North "E" Street, San Bernardino, CA, for a report on the Mid-Year FY 2007/08 budget. NOTE: The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p. m., Monday, April 7, 2008, in the Council Chambers, 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. 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. 18 03/17/2008