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HomeMy WebLinkAbout10-06-2008 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 Tobin Brinker 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, OCTOBER 6, 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 page 18.) Any writings or documents provided to a majority of the City Council/Commission regarding any item on the agenda will be made available for public inspection at the nd City Clerk?s Counter at City Hall located at 300 N. ?D? Street, 2 Floor, during normal business hours. In addition, such writings and documents will be posted on the City?s website at www.sbcity.org. CALL TO ORDER: ___________________________________________ PRESENT: ___________________________________________ ABSENT: ___________________________________________ 10/06/2008 1 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. 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): 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 Firefighters, 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 Timothy Weisenberger, et al. v. The State of California, et al. ? San Bernardino Superior Court Case No. SCVSS 134901 Windrow Earth Transport v. Robertson?s Ready Mix; Robertson?s Ready Mix v. City ? San Bernardino Superior Court Case No. SCVSS 144574 San Bernardino City Firefighter Michael Koster v. City of San Bernardino, et al. ? San Bernardino Superior Court Case No. CIVSS 811048 Justin Ryan Golding v. City of San Bernardino, et al. ? San Bernardino Superior Court Case No. CIVSS 0700129 Manta Management Corp., dba The Flesh Club v. City of San Bernardino ? San Bernardino Superior Court Case No. CIVSS 813499 (Item Continued on Next Page) 10/06/2008 2 1. Continued. The People of the State of California v. City of San Bernardino, et al. ? San Bernardino Superior Court Case No. CIVSS 811831 Redevelopment Agency of the City of San Bernardino v. Infinite State, Inc., et al. ? San Bernardino Superior Court Case No. CIVSS 706552 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: In the matter of Barbara Littlefield McMurrich 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 Brian Boom 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 In re Pioneer Cemetery, Block 21, lot 22, space 6N D. Closed Session ? personnel ? pursuant to Government Code Section 54957: Interim City Manager Director of Code Enforcement Chief of Police Police Captain 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. (Item Continued on Next Page) 10/06/2008 3 1. Continued. 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: Central 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, Scott Bailey on behalf of CinemaStar Luxury Theaters, Inc. Under Negotiation: Terms and conditions of possible lease amendment and assignment of lease 3. 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 (Item Continued on Next Page) 10/06/2008 4 1. Continued. Under Negotiation: Purchase price, terms, and conditions th 5 Street and Meridian Avenue Project th 1. Property Address: 2656 West 5 Street Property Owner: Wells Fargo Bank APN: 0142-522-14-01-000 Negotiating Parties: Emil A. Marzullo, Interim Executive Director on behalf of the Redevelopment Agency and the principal agent for Wells Fargo Bank management Under Negotiation: Purchase price, terms, and conditions END OF CLOSED SESSION 10/06/2008 5 RECONVENE MEETING ? 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ 2. Appointments. Re-appointments ? Youth Advisory Commission ? Mayor Morris. A. Luis Nolasco (See Attached) B. Raddae Chew (See Attached) C. Summer Beasley (See Attached) D. Clifton Alexander (See Attached) MOTION: That said re-appointments of Luis Nolasco, Raddae Chew, Summer Beasley, and Clifton Alexander to the Youth Advisory Commission, as requested by Mayor Morris, be approved. 3. Presentations. 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 29 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. 10/06/2008 6 6. Council Minutes. 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: September 9, 2008 (Distributed 9/16/08) September 15, 2008 (Distributed 9/30/08) 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated September 26, 2008, 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 October 1, 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 Attorney 9. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Arias & Lockwood and the City of San Bernardino for legal services in the case of Jamora Allen, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSS 805915. (See Attached) MOTION: That said resolution be adopted. City Clerk 10. Resolution of the City of San Bernardino amending Resolution 2006-374 entitled in part, ?Resolution?amending Conflict of Interest Code?,? by amending Appendix A to add, delete and change the titles of various positions within departments of the City which must file Conflict of Interest Statements (Statements of Economic Interest, Form 700) (See Attached) (No Cost to the City) MOTION: That said resolution be adopted. 10/06/2008 7 11. Resolution of the Mayor and Common Council of the City of San Bernardino to provide for an increase in rates for taxicab service and repealing Resolution 2005-151. (See Attached) (No Cost to the City) All Wards MOTION: That said resolution be adopted. City Attorney 12. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute a settlement agreement and mutual release for the settlement of matters in dispute between the City and Robertson?s Ready Mix, LTD. (Staff Report and Resolution not available at time of printing.) MOTION: That said resolution be adopted. Development Services 13. Resolution of the City of San Bernardino approving a Cooperative Agreement No. C08202 with SANBAG to provide project management services for a grade separation at Palm Avenue over the BNSF Railroad (CIP Project No. SS04-53) (See Attached) (Cost to the City - $207,221 FY 08/09 ($1,012,392 5-year cost) from Regional Circulation Fund) Wards 5 & 6 MOTION: That said resolution be adopted. 14. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a reimbursement agreement with Hillwood for the Federal Economic Development Administration Grant ? Cajon Boulevard Public Infrastructure Improvements for the North San Bernardino Industrial Park Project. (See Attached) (No Cost to the City) Ward 6 MOTION: That said resolution be adopted. 15. Resolution of the City of San Bernardino adopting the two-year Capital Improvement Program (2008-2010) for Measure ?I? Local Expenditures. (See Attached) (No Cost to the City) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 10/06/2008 8 16. Resolution of the City of San Bernardino approving a new Services Agreement with Albert Johnson for the provision of contract building inspection services for the Stater Bros. Project. (See Attached) (No Cost to the City ? Funding is paid by Stater Bros.) Ward 1 MOTION: That said resolution be adopted. 17. Resolution of the City of San Bernardino authorizing the City Manager to execute agreements for services with the firms of Ninyo & Moore, Hilltop Geotechnical, Inc. and Converse Consultants for geotechnical investigations and construction material testing. (See Attached) (Cost to the City - $300,000 from various Capital Improvement Program Funding) All Wards MOTION: That said resolution be adopted. 18. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Skanska USA Civil for installation of temporary support for the Mt. Vernon Bridge over the BNSF Railroad per letter proposal, dated September 11, 2008. (See Attached) (Cost to the City - $36,000 from ½ Cent Sales & Road Tax Fund) Ward 1 MOTION: That said resolution be adopted. 19. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a lease agreement between the City of San Bernardino and Omnipoint Communications Inc. for the lease of six hundred eighty nine (689) square feet of City owned property at Northpark University Park located on the southeast corner of University Parkway and Northpark Boulevard for a monopine cellular tower (APN 0266-611-02). (See Attached) (No Cost to the City ? Anticipated Revenue to the General Fund is $12,600) Ward 5 MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the 2008/09 adopted budget by increasing revenue Account No. 001-000-4520 by $12,600 and General Government expenditure Account No. 001-092-5502 by $3,500. 10/06/2008 9 20. Resolution of the Mayor and Common Council of the City of San Bernardino th awarding a contract to Matich Corporation for pavement rehabilitation on 4 th Street from 5 Street to Tiajuana Street (SS06-37), per Project Plan No. 12539. (See Attached) (Cost to the City - $475,000 from the State Infrastructure Loan Fund) Wards 1 & 3 MOTION: That the director of Finance be authorized to amend the FY 2008/09 Budget by transferring $125,000 from the unappropriated fund balance of the State Infrastructure Loan th Fund to Account No. 240-379-5504-7616 (SS06-37) ?4 Street th Pavement rehabilitation from Mt. Vernon Ave to 5 Street?; and that said resolution be adopted. Human Resources 21. Establishment of salaries for Police Department Ranges P-4, P-5, P-6 & P-7, effective August 1, 2008. (See Attached) (Cost to the City - $128,500 from the General Fund) MOTION #1: That the Mayor and Common Council establish the salaries for Police Department Ranges P-4 (Lieutenant), P-5 (Captain), P-6 (Assistant Police Chief), and P-7 (Police Chief), effective August 1, 2008; MOTION #2: That the Human Resources Department be authorized to amend Resolution No. 6429 to reflect the above action; and MOTION #3: That the Director of Finance be authorized to amend the FY 2008-09 Budget by increasing the Police Department General Fund Budget for Charter 186 costs by transferring $128,500 from the General Government Budget in Account No. 001-092- 5011 to the appropriate Police Department Divisions? budget accounts and also make the appropriate adjustments to the various Police Grants as allowed by the grants. 22. Establishment of salaries for Fire Department Ranges P-5, P-6 & P-7, effective August 1, 2008. (See Attached) MOTION #1: That the Mayor and Common Council establish the salaries for Fire Department Ranges P-5 (Battalion Chief), P-6 (Deputy Fire Chief, and P-7 (Fire Chief), effective August 1, 2008; (Item Continued on Next Page) 10/06/2008 10 22. Continued. MOTION #2: That the Human Resources Department be authorized to amend Resolution No. 6429 to reflect the above action; and MOTION #3: That the Director of Finance be authorized to amend the FY 2008-09 Budget by increasing the Fire Department General Fund Budget for Charter 186 costs transferring $66,300 from the General Government Budget in Account No. 001-092-5011 to the appropriate Fire Department budget accounts. 23. Establishment of salaries for Fire Department Ranges P-1, P-2, P-3 & P-4, effective August, 1, 2008. (See Attached) MOTION #1: That the Mayor and Common Council establish the salaries for Fire Department Ranges P-1 (Firefighter), P-2 (Firefighter/Paramedic), P-3 (Fire Engineer), and P-4 (Fire Investigator/Captain), effective August 1, 2008; MOTION #2: That the Human Resources Department be authorized to amend Resolution No. 6429 to reflect the above action; and MOTION #3: That the Director of Finance be authorized to amend the FY 2008-09 Budget by increasing the Fire Department General Fund Budget by $483,400 for Charter 186 costs by appropriating $226,900 from the General Fund Budget Reserve and transferring $256,500 from the General Government Fund Budget in Account No. 001-092-5011. Parks, Recreation and Community Services 24. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Facility Use Agreement with the San Bernardino City Unified School District relative to the use of 156 parking spaces in the parking lot at Speicher Park. (See Attached) (No Cost to the City) Ward 7 MOTION: That said resolution be adopted. 10/06/2008 11 25. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute Amendment No. 3 to Contract 07-481 A-3 with the County of San Bernardino Department of Aging and Adult Services (DAAS), and accepting the amended proposal amount of $251,807 for the Senior Nutrition Program for the period of July 1, 2008 through June 30, 2009; this amount represents a decrease in FY 08/09 funding for the Senior Nutrition Program in the amount of $1,201, from $253,008 to $251,807. (See Attached) (No Cost to the City - $251,807 in Grant Funding; Federal & State Programs Fund) All Wards MOTION: That said resolution be adopted. 26. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of Amendment No. 1 to Vendor Service Agreement with Golden West Landscape Contractor, and an increase to Purchase Order No. 302251 in the amount of $34,944 for landscape and irrigation maintenance services for downtown facilities, parking lots, north site facilities, south site facilities, central facilities, Carousel Mall, medians, Arrowhead Credit Union Park and Library facilities for the period October 1, 2008 through November 30, 2008, pursuant to Section 3.04.010 B-3 of the Municipal Code, and ratifying any action taken between October 1, 2008 and the date that this resolution is adopted. (See Attached) (Cost to the City - $34,944 from the General Fund) All Wards MOTION: That said resolution be adopted LAID OVER FROM SEPTEMBER 15, 2008 Police 27. An Ordinance of the City of San Bernardino amending San Bernardino Municipal Code Section 9.90.010.A.10 of Chapter 9.90 regarding authority for security guards to arrest and issue citations at the former Norton Air Force Base property now owned and operated by the Inland Valley Development Agency. FINAL READING (See Attached) (No Cost to the City) (Staff Report and Ordinance distributed on September 15, 2008, Item No. 42) Ward 1 MOTION: That said ordinance be adopted. 10/06/2008 12 Public Services 28. 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 in the amount of $80,000 between the City of San Bernardino and IWORQ Systems Incorporated for pavement management inventory and pavement distress/curb and gutter identification of City of San Bernardino streets. (See Attached) (Cost to the City - $80,000 from Capital Improvement Program Funding) All Wards MOTION: That said resolution be adopted. 29. Item deleted. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at the Legislative Review Committee Meeting on September 16, 2008 ? Committee Members Present: Kelley, Baxter, Brinker Development Services 30. Initiation of a Development Code Amendment related to Convenience Stores and Off-Sale Alcoholic Beverage Licenses. (See Attached) (Cost to the City - $5,000 from the General Fund) All Wards MOTION: That Planning staff be directed to initiate an amendment to the Development Code to modify the provisions to allow consideration of convenience stores and ancillary sales of alcoholic beverages. 31. Item deleted. END OF COMMITTEE CONSENT 10/06/2008 13 PUBLIC HEARINGS CONTINUED FROM SEPTEMBER 15, 2008 TO BE HEARD AT 4:00 P.M. Development Services 32. Public Hearing - Resolution authorizing the execution of a Right of Way Contract with Caltrans and the execution of a Grant Deed relative to the sale of City property located at the northwest corner of Base Line Street and ?H? Street to Caltrans (APN 0145-221-09). (New Staff Report and Resolution Attached) (No Cost to the City) (Staff Report distributed on September 15, 2008, Item No. 37) Ward 2 Resolution of the City of San Bernardino directing and authorizing the execution of a Right of Way Contract with the State of California, Department of Transportation, and the execution of a Grant Deed for the sale of City owned real property located at the northwest corner of Base Line Street and ?H? Street in the City of San Bernardino. Mayor to open hearing . . . MOTION: That the public hearing relative to the sale of City property, located at the northwest corner of Base Line Street and ?H? Street (APN 0145-221-09) to Caltrans, be closed; and that said resolution be adopted. TO BE HEARD AT 4:00 P.M. Development Services 33. Public Hearing - Resolution ordering work relative to the proposed Foothill Drive and Sterling Avenue Area Landscape Maintenance Assessment District No. 1058 (Tentative Tract No. 14112) (See Attached) (No Cost to the City) Ward 4 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 the Foothill Drive and Sterling Avenue area, approving the final Engineer?s Report, creating an Assessment District to cover the costs of said maintenance, known as Assessment District No. 1058, ordering the work, confirming the 2009-2010 assessment roll, and determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. (Item Continued on Next Page) 10/06/2008 14 33. Continued. Mayor to open hearing? MOTION: That the public hearing relative to the formation of the Foothill Drive and Sterling Avenue Area Landscape Maintenance Assessment District No. 1058 be closed; and that said resolution be adopted. (4/5 vote required) TO BE HEARD AT 4:00 P.M. Development Services 34. Public Hearing - Resolution ordering work relative to the proposed Palm Avenue and Piedmont Drive Area Landscape Maintenance Assessment District No. 1062 (Tract Map No. 10302). (See Attached) (Cost to the City - $348.28 from the General Fund) Ward 4 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 the Palm Avenue and Piedmont Drive area, approving the final Engineer?s Report, creating an Assessment District to cover the costs of said maintenance, known as Assessment District No. 1062, ordering the work, confirming the 2009-2010 assessment roll, and determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. Mayor to open hearing? MOTION: That the public hearing relative to the formation of the Palm Avenue and Piedmont Drive Area Landscape Maintenance Assessment District No. 1062 be closed; and that said resolution be adopted. (4/5 vote required) END OF PUBLIC HEARINGS 10/06/2008 15 CONTINUED ITEMS CONTINUED FROM SEPTEMBER 2, 2008 City Attorney 35. An Ordinance of the City of San Bernardino adding Chapter 5.57 to the San Bernardino Municipal Code regarding scrap metal recycling. FIRST READING (No backup material was distributed on June 2, 2008, Item No. 31; item continued to June 16, 2008, Item No. 30; item continued to July 7, 2008, Item No. 38; item continued to August 4, 2008, Item No. 37; item continued to August 18, 2008, Item No. 32; item continued to September 2, 2008, Item No. 32) (Staff Report and Ordinance not available at time of printing.) MOTION: That said ordinance be laid over for final adoption. CONTINUED FROM SEPTEMBER 15, 2008 City Manager 36. Resolution of the Mayor and Common Council of the City of San Bernardino approving the lease agreement by and between the City of San Bernardino, the County of San Bernardino, and the High Desert Partnership in Academic Excellence Foundation, Inc., for property located at 503 East Central Avenue, San Bernardino, CA. (New Staff Report and Resolution Attached) (Staff Report distributed on September 15, 2008, Item No. 11) (No Cost to the City) Ward 1 MOTION: That said resolution be adopted. CONTINUED FROM SEPTEMBER 15, 2008 Council Office 37. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute an agreement with the Patrons of the Roosevelt Bowl for the provision of support services for Market Night at Perris Hill Park, and ratifying any action taken between April 17, 2008 and the date that this resolution is adopted. (New Staff Report and Resolution Attached) (Backup material distributed on August 18, 2008, Item No. 10; item continued to September 2, 2008, Item No. 35; item continued to September 15, 2008, Item No. 39) Ward 2 MOTION: That said resolution be adopted. 10/06/2008 16 CONTINUED FROM SEPTEMBER 15, 2008 Public Services 38. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a new agreement and issuance of an annual purchase order in the amount of $306,000 for FY 08-09 between the City of San Bernardino and ?Y? Tire Sales for new and recapped tires, tubes and related repair services for city vehicles and equipment, to be utilized by the Fleet Division. (New Staff Report and Resolution Attached) (Backup material distributed on September 15, 2008, Item No. 30) (Cost to the City - $306,000 from Fleet Services Fund) All Wards MOTION: That said resolution be adopted. END OF CONTINUED ITEMS STAFF REPORTS City Attorney 39. An Urgency Ordinance of the City of San Bernardino amending San Bernardino Municipal Code (Development Code) Section 19.08.020, Table 08.01, and Section 19.08.030, to Permit Emergency Shelters with a Building Permit within rd Areas of IL, Industrial Light, Land Use District lying south of 3 Street, East of Waterman Avenue, and North of Mill Street declaring the urgency thereof, and taking effect immediately. URGENCY (Staff Report and Ordinance not available at time of printing.) MOTION: That said urgency ordinance be adopted. City Manager 40A. Authorize the Finance Director to amend the FY 2008-09 adopted budget by appropriating $29,000 from unallocated Measure Z funds to Account No. 001- 223-5502 to provide helicopter services through October 31, 2008. (See Attached) All Wards MOTION: That the Finance Director be authorized to amend the FY 2008- 09 adopted budget by appropriating $29,000 from unallocated Measure Z funds to Account No. 001-223-5502 to provide helicopter services through October 31, 2008. 40B. Discuss and take possible action concerning the appointment of an Interim City Manager. 10/06/2008 17 Council Office 41. Ordinance of the City of San Bernardino amending Title 2, ?Administration and Personnel,? of the San Bernardino Municipal Code by amending Section 2.01.010 ?Mayor Pro-Tempore,? by repealing Section 2.76.040 ?Senior Council Member,? and by amending Section 2.76.050 ?Assignment of Committee Members and Designation of Committee Chairpersons.? FIRST READING (Ordinance not available at time of printing.) MOTION: That said ordinance be laid over for final adoption. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION R42. Resolution of the Community Development Commission of the City of San Bernardino, on behalf of the Redevelopment Agency of the City of San Bernardino, amending Resolution No. 4420 (as amended by Resolution Nos. 4852, 5048, 5057, 5356, 5389, 5424, 5507, 5560, CDC/2000-44, CDC/2001- 51, CDC/2004-41, and CDC/2006-48) entitled, in part, ?Resolution? adopting a Conflict of Interest Code?,? by amending Appendix A to add, delete and change the titles of various positions within the Redevelopment Agency of the City of San Bernardino which must file Conflict of Interest Statements. (See Attached) (No Cost to the City) MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee Meeting on September 4, 2008 ? Committee Members Present: Estrada, Baxter, Johnson R43. California Property Specialists, Inc. (?CPSI?) Professional Services Agreement- th Property acquisition, management, relocation and demolition service - 5 Street & Meridian Avenue Project (Staff Report not available at time of printing) Ward 1 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 Professional Services Agreement by and between the Agency and California th Property Specialists, Inc., for acquisition and relocation services (5 and Meridian Project). (Resolution not available at time of printing.) MOTION: That said resolution be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION 10/06/2008 18 44. 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.) 45. 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, October 20, 2008, in the Council Chambers of City Hall, 300 North ?D? Street, San Bernardino, California. 10/06/2008 19 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. 10/06/2008 20