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HomeMy WebLinkAbout04-05-2010 Reg. Agenda Mayor Patrick J. Morris CITY OF SAN BERNARDINO Council Members: Virginia Marquez 300 N. ?D? Street Jason Desjardins San Bernardino, CA 92418 Tobin Brinker Fred Shorett 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, APRIL 5, 2010 ? 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 14-18.) 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 subject to staff?s ability to post the documents before the meetings. CALL TO ORDER: ___________________________________________ PRESENT: ___________________________________________ ABSENT: ___________________________________________ 104/05/2010 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): Michael Desrochers, et al. v. City of San Bernardino, et al. - San Bernardino County Superior Court, Case No. CIVSS 708367; Susan Hulse v. LAFCO & City of San Bernardino, et al. - San Bernardino County Superior Court, Case No. CIVDS 1002077; Steven Bocanegra v. City of San Bernardino, et al. - United States District Court, Case No. 10-00032 (VAP) OPx; Jane Batey, et al. v. City of San Bernardino, et al. ? San Bernardino County Superior Court, Case No. SCVSS 141503; J.R., etc., et al. v. City of San Bernardino, et al. ? United States District Court of Appeals, Case Nos. 07-56375 and 08-55102. B.Conference with legal counsel ? anticipated litigation ? significant exposure to litigation ? pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9: Inland Communities Corp. v. City of San Bernardino (Paradise Hills) Arco Gas Station at 5th & Mt. Vernon One case 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 204/05/2010 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: Central City North Redevelopment Project Area 1. 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 on behalf of Maya Cinemas North America, Inc. Under Negotiation: Purchase price, terms and conditions. END OF CLOSED SESSION 304/05/2010 RECONVENE MEETING ? 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ 2. Appointments. A. Reappointments ? Various Committees/Commissions ? Mayor Morris. (See Attached) Judith Hubert Animal Control Commission Marilyn Sauer Animal Control Commission Martha L. Pinckney Bicentennial Committee Steve Shaw Bicentennial Committee David E. Smith Bicentennial Committee Jane Sneddon Bicentennial Committee Barbara Henley Community Development Citizens Advisory Commission Mark Ocegueda Community Development Citizens Advisory Commission Thomas Pierce Community Development Citizens Advisory Commission Ken Corona Fine Arts Commission Mildred McKim Fine Arts Commission Philip M. Savage III Measure ?Z? Citizens Oversight Committee Lance Durr Planning Commission James Mulvihill Planning Commission A. Jay Munoz Planning Commission B. Nicholas Calero ? Community Development Citizens Advisory Committee ? Council Member Desjardins. (Document not available at time of printing.) C. Nicholas Calero ? Planning Commission - Council Member Desjardins. (Document not available at time of printing.) D. Sharon Darling ? Police Commission - Council Member Desjardins. (Document not available at time of printing.) E. Virginia Jecks-Wright ? Fire Commission - Council Member Desjardins. (Document not available at time of printing.) (Item Continued on Next Page) 404/05/2010 2. Continued. F. Jerry Martin ? Building Commission - Council Member Desjardins. (Document not available at time of printing.) G. Jerry Martin ? Bureau of Franchises Commission - Council Member Desjardins. (Document not available at time of printing.) H. Sonia M. Martin ? Animal Control Commission - Council Member Desjardins. (Document not available at time of printing.) I. Sonia M. Martin ? Parks and Recreation Commission - Council Member Desjardins. (Document not available at time of printing.) J. John W. Powers ? Senior Affairs Commission - Council Member Desjardins. (Document not available at time of printing.) K. James M. Smith ? Historical Preservation Commission - Council Member Desjardins. (Document not available at time of printing.) L. John A. Valdivia III ? Bicentennial Committee - Council Member Desjardins. (Document not available at time of printing.) M. John A. Valdivia III ? Human Relations Commission - Council Member Desjardins. (Document not available at time of printing.) N. John A. Valdivia III ? Measure Z Citizens Oversight Committee - Council Member Desjardins. (Document not available at time of printing.) O. John A. Valdivia III ? Santa Ana River Trails Commission - Council Member Desjardins. (Document not available at time of printing.) P. Larry Quiel ? Building Commission ? Council Member Shorett. (Document not available at time of printing.) Q. Larry Quiel ? Bureau of Franchises Commission ? Council Member Shorett. (Document not available at time of printing.) MOTION: That said appointments and reappointments A-Q, as requested by Mayor Morris and Council Members Desjardins and Shorett, be approved. 504/05/2010 3. Presentations. 4. Announcements by Mayor and Common Council. All Consent Calendar items 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 22 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 of the City of San Bernardino be approved as submitted in typewritten form: March 1, 2010 (Distributed 3/22/2010) March 11, 2010 (Distributed 3/22/2010) March 15, 2010 (Distributed 3/23/2010) 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated March 15, 2010, from Barbara Pachon, Director of Finance, be approved. 604/05/2010 8. Personnel Actions. (See Attached) MOTION: That the personnel actions, as submitted by the Chief Examiner, dated March 31, 2010, 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. 9. Animal Control Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute an Animal Control and Housing Agreement by and between the City of San Bernardino and the City of Grand Terrace for the period of April 1, 2010 through April 1, 2013 and ratifying any action taken between April 1, 2010 and the date of this resolution. (See Attached) All Wards MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2009/2010 Adopted Budget as outlined in Attachment A to the staff report from Debra Kurita, Assistant City Manager, and Sue Hoak, Animal Control Manager, dated March 29, 2010; and that the Director of Human Resources be authorized to update the position control resolution to reflect the addition of an Animal Control Officer. 10. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino in support of the Local Taxpayer, Public Safety, and Transportation Protection Act of 2010. (See Attached) (No Cost to the City) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Council Office 11A. Request for Feasibility Study to integrate the City Library System into the San Bernardino County Library System (See Attached) MOTION: That the City Manager be directed to prepare a Feasibility Study to integrate the City Library System into the San Bernardino County Library System. 11B. Implementation of Management Partners Report recommendations. (See Attached) (Item Continued on Next Page) 704/05/2010 11B. Continued. MOTION: That the City Attorney be directed to draft proposed City Charter and Municipal Code changes to implement these cost saving recommendations identified in the Management Partners Report: 1A) Amend the Charter to transfer the hiring/firing responsibility to the City Manager; and 100) Consolidate human resources duties, responsibilities and resources of the Library, Water, Economic Development/Redevelopment Departments into the consolidated Human Resources Department. Development Services 12. Authorization to proceed and approval of Plan No. 12708 ? Proposed street thth vacation of a portion of Turrill Avenue between 14 Street and 16 Street, and a portion of Magnolia Avenue between Mt. Vernon Avenue and Garner Avenue (New Roosevelt II Elementary School). (See Attached) (No Cost to the City) Ward 6 MOTION: That the Director of Development Services and the City Clerk be authorized to proceed with the proposed street vacation of a thth portion of Turrill Avenue between 14 Street and 16 Street, and a portion of Magnolia Avenue between Mt. Vernon Avenue and Garner Avenue; and that Plan No. 12708 showing the proposed th street vacation of a portion of Turrill Avenue between 14 Street th and 16 Street, and a portion of Magnolia Avenue between Mt. Vernon Avenue and Garner Avenue, be approved. 13. Authorization to proceed and approval of Plan No. 12706 ? Proposed street th vacation of a portion of Pico Avenue between 11 Street and Base Line Street (New Alessandro II Elementary School) (See Attached) (No Cost to the City) Ward 6 MOTION: That the Director of Development Services and the City Clerk be authorized to proceed with the proposed street vacation of a th portion of Pico Avenue between 11 Street and Base Line Street; and that Plan No. 12706 showing the proposed street vacation of th a portion of Pico Avenue between 11 Street and Base Line Street, be approved. 804/05/2010 14. Resolution of the City of San Bernardino authorizing execution of a cooperative agreement with the San Bernardino County Flood Control District (District), the City of Highland, the City of Redlands and the Inland Valley Development Agency (IVDA) for construction of Alabama Street at City Creek ? Road Improvements (SD05-01). (See Attached) (Cost to the City - $262,000 from Storm Drain Construction Fund) Ward 1 MOTION: That said resolution be adopted. 15. Item deleted. 16. Resolution of the City of San Bernardino establishing a sale price of $500,000 and declaring the intention to sell city property generally located on the north side of Third Street, west of Waterman Avenue to the Redevelopment Agency of the City of San Bernardino and setting a public hearing for May 3, 2010, to consider said sale. (See Attached) (No Cost to the City - $500,000 in revenue from the sale of the property) Ward 1 MOTION: That the Director of Development Services be authorized to proceed with the sale of City property generally located on the north side of Third Street, west of Waterman Avenue, to the Redevelopment Agency; and that said resolution be adopted. 17. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to All American Asphalt for street improvements on Cajon Boulevard, per Project Plan No. 12155. (See Attached) (Cost to the City - $970,484.15 from Street Construction Fund/Hillwood Reimbursement) (Resolution not available at time of printing.) Ward 6 MOTION: That the bid protest from Cooley Construction, Inc. be rejected; and that said resolution be adopted. Fire 18. 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 DHS Systems LLC for a DRASH MX5 Rapid Deployment Shelter and Environmental Control Unit. (See Attached) (Cost to the City - $63,384.83 from Grant Funds/Federal & State Program ? 2008 Fire MMRS) All Wards MOTION: That said resolution be adopted. 904/05/2010 19. 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 Zoll Medical Corporation for four (4) Cardiac Monitor/Defibrillators with accessories. (See Attached) (Cost to the City - $84,013.81 from Grant Funds/Federal & State Program ? 2008 Fire MMRS) All Wards MOTION: That said resolution be adopted. 20. 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 Motorola in the amount of $40,118.85 for communication equipment. (See Attached) (Cost to the City - $40,118.85 from Grant Funds/Federal & State Program ? 2008 Fire MMRS) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Information Technology 21. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the purchase of a virtual server environment for the City?s business system infrastructure with Dell Computers, Inc., pursuant to Municipal Code Chapter 3.04.010(B)(3). (See Attached) (Cost to the City - $71,047.94 from Information Technology Fund) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Public Services 22. 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 $557,700 with two (2) one-year extensions at the City?s option to American Asphalt South, Inc. for the Slurry Seal Program utilized by the Public Services Department, Street Division. (See Attached) (Cost to the City - $557,700 from Capital Improvement Projects (CIP) Funds) All Wards MOTION: That said resolution be adopted. END OF CONSENT CALENDAR 10 04/05/2010 COMMITTEE CONSENT Recommended for approval at the Grants Ad Hoc Committee meeting of February 23, 2010 ? Committee Members Present: Baxter, Estrada, Shorett Fire 23. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City of San Bernardino to enter into an agreement with the City of Los Angeles for the purpose of accepting and administering the FY 2007/2008 Regional Catastrophic Preparedness Grant Program. (See Attached) (Cost to the City - $200,000 from RCP?s Grant Funding Share for Fire & Police Department; $70,562.04 City cash or in-kind match funds) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Recommended for approval at the Grants Ad Hoc Committee meeting of March 30, 2010 ? Committee Members Present: Johnson, Shorett Parks, Recreation & Community Services 24. Resolution ratifying the submittal of two grant applications to the Community Foundation: 2010 Community Impact Fund for the combined amount of $20,000 to implement the ?Fitness on Wheels? and ?Ties that Bind? Programs. (See Attached) (Cost to the City - $20,000 from Grant Funds; $35,100 City in- kind Match funds) All Wards MOTION: That said resolution be adopted. Recommended for approval at the Legislative Review Committee meeting of March 16, 2010 ? Committee Members Present: Brinker, Shorett City Manager 25. Policy for naming public facilities. (See Attached) MOTION: That no action shall be taken to name any public facility or amenity until a formal policy is adopted by the Mayor and Common Council. END OF COMMITTEE CONSENT 11 04/05/2010 CONTINUED ITEMS CONTINUED FROM MARCH 15, 2010 Police 26. Resolution of Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with San Manuel Band of Mission Indians to use the City of San Bernardino Police Department?s firing range. (No Cost to the City) (Backup distributed on March 1, 2010, Item No. 15; item continued to March 15, 2010, Item No. 24.) Ward 2 MOTION: That the matter be continued to April 19, 2010. CONTINUED FROM MARCH 15, 2010 Public Services 27. An Ordinance of the City of San Bernardino amending the definition of "Roll- off Bin" contained in Section 8.24.060(W), of Chapter 8.24 of the San Bernardino Municipal Code. FIRST READING (No Cost to the City) (Backup distributed on February 1, 2010, Item No. 23; item continued to February 16, 2010, Item No. 25; item continued to March 1, 2010, Item No. 21; item continued to March 15, 2010, Item No. 25.) All Wards MOTION: That the matter be continued to April 19, 2010. CONTINUED FROM MARCH 15, 2010 Public Services 28. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an amendment to an agreement and increase to an annual purchase order in the amount of $30,000 with ?Y? Tires of Los Angeles. (See New Request for Council Action and Staff Report Attached) (Cost to the City - $30,000 from Fleet Services/Materials and Supplies) (Backup distributed on March 15, 2010, Item No. 17.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 12 04/05/2010 CONTINUED FROM MARCH 15, 2010 Public Services 29. A Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an agreement and increase to an annual purchase order in the amount of $17,000 pursuant to Section 3.04.010-B3 of the Municipal Code with three single year renewal options to, Tec of California for the purchase of specific equipment parts and supplies for the Public Services refuse fleet utilized by the Public Services Department Fleet Division. (See New Request for Council Action and Staff Report Attached) (Cost to the City - $17,000 from Fleet Services/Materials and Supplies) (Backup distributed on March 15, 2010, Item No. 18.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. END OF CONTINUED ITEMS STAFF REPORTS City Manager 30. Request from the San Bernardino Historical and Pioneer Society that the Santa Fe Clock located in the Council Chambers be loaned to the Society for display in the San Bernardino History and Railroad Museum. (See Attached) Ward 1 MOTION 1: That the loan request from the Historical and Pioneer Society for the Santa Fe Historical Clock to be displayed in the San Bernardino History and Railroad Museum be approved; that staff be directed to develop and negotiate a loan agreement, which will include a term; and that the City Manager be authorized to execute the loan agreement. OR MOTION 2: That the loan request from the Historical and Pioneer Society be denied. Council Office 31. Municipal Code Section 2.01.010 Mayor Pro-Tempore ? Election of Mayor Pro-Tempore. (Backup distributed on March 15, 2010, Item No. 27.) All Wards MOTION: That the Common Council elect a Councilmember to serve as Mayor Pro-Tempore until March 21, 2011. 13 04/05/2010 32. Ordinance of the City of San Bernardino amending Title 2, ?Administration and Personnel,? of the San Bernardino Municipal Code by amending Chapter 2.01 ?Mayor Pro-Tempore? to create a rotating assignment; to create the ?Ad Hoc Council Committee for Council Committee Assignments?; and, to substitute the ?Ad Hoc Council Committee for Council Committee Assignments? for the senior Council Member. FIRST READING (See Attached) (Ordinance not available at time of printing.) All Wards MOTION: That said ordinance be laid over for final adoption. 33. 2010 National League of Cities Congressional City Conference (See Attached) MOTION: That the report be received and filed. Human Resources 34. Ordinance of the City of San Bernardino amending City of San Bernardino Municipal Code Title 2, Chapters 2.14 and 2.15 FIRST READING (See Attached) (Ordinance not available at time of printing.) MOTION: That said ordinance be laid over for final adoption; and that staff be directed to make any additional corresponding changes to the City of San Bernardino Municipal Code. Mayor?s Office 35. Report to the Mayor and Common Council of the City of San Bernardino on the analysis of violence, alcohol outlets, and sales of single serve containers of alcohol in San Bernardino, 2007-2009. (See Attached) (No Cost to the City) All Wards MOTION: That the report be received and filed. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION Recommended for approval at the Redevelopment Committee meeting of March 4, 2010 ? Committee Members Present: Johnson, Brinker, Shorett (alternate) th R36. 5 Street and Meridian Avenue Project (?Project?) update of project activities (See Attached) Ward 6 MOTION: That the Community Development Commission of the City of th San Bernardino receive and file the annual update of the 5 Street and Meridian Avenue Project for the Redevelopment Agency of the City of San Bernardino. 14 04/05/2010 Recommended for approval at the Redevelopment Committee meeting of March 4, 2010 ? Committee Members Present: Johnson, Brinker, Shorett (alternate) R37. Neighborhood Stabilization Program (?NSP?) Quarterly Report (See Attached) All Wards MOTION: That the Community Development Commission of the City of San Bernardino receive and file the quarterly report of the Neighborhood Stabilization Program (?NSP?) for the Redevelopment Agency of the City of San Bernardino. Recommended for approval at the Redevelopment Committee meeting of March 4, 2010 ? Committee Members Present: Johnson, Brinker, Shorett (alternate) R38. Pacific Heritage, Inc. ? Amendment No. 1 to the Agreement for Professional Design and Construction Management Services (IVDA Redevelopment Project Area) (See Attached) All Wards (Community Development Commission) 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 Amendment No. 1 to the Agreement by and between the Agency and Pacific Heritage, Inc., for Professional Design and Construction Management Services (IVDA Redevelopment Project Area). MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee meeting of March 4, 2010 ? Committee Members Present: Johnson, Brinker, Shorett (alternate) R39. Vanir Construction Management, Inc. ? Amendment No. 1 to the Agreement for Professional Services for Engineering, Design and Construction Management Services at the California Theatre of the Performing Arts (Central City North Redevelopment Project Area). Ward 1 (Item Continued on Next Page) 15 04/05/2010 R39. Continued. (Community Development Commission) 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 Amendment No. 1 to the Agreement for Professional Services by and between the Agency and Vanir Construction Management, Inc., for Engineering, Design and Construction Management Services for a cable raceway and ceiling medallion at the California Theatre of the Performing Arts (Central City North Redevelopment Project Area). MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee meeting of February 18, 2010 ? Committee Members Present: Johnson, Baxter, Brinker R40. Westbound Communications ? Agreement for Professional Services for the preparation of an economic development and branding campaign for the Downtown Core Vision and Action Plan Area and the Economic Development Agency revitalization efforts (See Attached) All Wards (Community Development Commission) 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 an Agreement for Professional Services by and between the Agency and Westbound Communications, for the preparation of an economic development and branding campaign for the Downtown Core Vision and Action Plan Area in furtherance of the Economic Development Agency revitalization efforts. MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee meeting on February 18, 2010 ? Committee Members Present: Johnson, Baxter, Brinker R41. The Fransen Company ? Agreement for Professional Services for commercial/retail and marketing/siting advisory services for the Downtown Core Vision and Action Plan Area and Business Retention/Expansion/Attraction and Job Creation Program (See Attached) All Wards (Item Continued on Next Page) 16 04/05/2010 R41. Continued. (Community Development Commission) 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 an Agreement for Professional Services by and between the Agency and The Fransen Company, for commercial/retail and marketing/siting advisory services for the Downtown Core Vision and Action Plan Area and Business Retention/Expansion/Attraction and Job Creation Program. MOTION: That said resolution be adopted. R42. Virginia Marquez ? Property purchase and improvement completion on the rd property located at 168 and 170 East 3 Street, Unit #11 (Central City East Redevelopment Project Area) Ward 1 (Community Development Commission) Resolution of the Community Development Commission of the City of San Bernardino certifying that all improvements have been completed on the rd property located at 168 and 170 East 3 Street, Unit #11, San Bernardino, California, in the Central City East Redevelopment Project Area pursuant to Health and Safety Code Section 33130.5. MOTION: That said resolution be adopted. R43. Approval of funding pursuant to the formation of the Auto Center Property and Business Improvement District (?PBID?) (Southeast Industrial Park and IVDA Redevelopment Project Areas) (See Attached) Ward 3 (Community Development Commission) Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing funding equal to $1,218,372 pursuant to the formation of the Auto Center Property and Business Improvement District (?District?) and funding the operations and activities of the District (Southeast Industrial Park and IVDA Redevelopment Project Areas) MOTION: That said resolution be adopted. 17 04/05/2010 R44. Maya San Bernardino Cinemas, LLC ? Amend and Restated 2008 Disposition and Development Agreement (Central City North Redevelopment Project Area) (See Attached) Ward 1 (Community Development Commission) 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 Amended and Restated 2008 Disposition and Development Agreement by and between the Agency and Maya San Bernardino Cinemas, LLC (Central City North Redevelopment Project Area). MOTION: That said resolution be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION 45. 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.) 46. 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, April 19, 2010, in the Council Chambers of City Hall, 300 North ?D? Street, San Bernardino, California. 18 04/05/2010 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. 19 04/05/2010