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HomeMy WebLinkAbout08-16-2004 Reg. Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION AND THE SAN BERNARDINO CITY HOUSING AUTHORITY OF THE CITY OF SAN BERNARDINO MONDAY, AUGUST 16, 2004 -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 18-22.) 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. 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 - eXIstmg litigation - pursuant to Government Code Section 54956.9(a): Salvador Torres v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 082631; (Item Continued on Next Page) 1 08/16/2004 1. Continued. City of San Bernardino, a Municipal Corporation and the Economic Development Agency for the City of San Bernardino v. Valerie Pope- Ludlam, Edward Negrete, Yolanda Negrete, Michael Beauregard, Allan Steward, Inc., Steward & Associates, et al. - San Bernardino Superior Court Case No. SCVSS 108965; People of the State of California v. Manta Management - San Bernardino Superior Court Case No. SCVSS 18157. 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: NMCP v. City of San Bernardino MALDEF v. City of San Bernardino Gibson Group Trust 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. Protea Hotel, Inc.; RDA/City v. Trajan Green; Redevelopment ARency of the City of San Bernardino v. Allan Steward, Allan Steward, Inc. and A.J. Five Points, L.L.c. 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. (Item Continued on Next Page) 2 08/16/2004 1. Continued. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: 1. Property: Negotiating Parties: Under Negotiation: 2. Property: Negotiating Parties: Under Negotiation: 3. Property: Negotiating Parties: Under Negotiation: Mercado Santa Fe Project 4. Property: 247 W. Third Street Judith Valles, Mayor, on behalf of the Redevelopment Agency, property owners, and Gerry Newcombe, Deputy Administrative Officer, on behalf of the County of San Bernardino Purchase price, terms and conditions That parcel consisting of approximately 67.75 acres identified as Parcel 1-2 at the San Bernardino International Airport, and generally bounded by Harry Sheppard Boulevard, Del Rosa Drive, Paul Villasenor Boulevard, and Memorial Drive Don Rogers on behalf of the Inland Valley Development Agency. David Newsom on behalf of Hillwood/San Bernardino LLC. Bruce Varner on behalf of State Bros. Market. James F. Penman on behalf of the City of San Bernardino. Terms and conditions 621 N. "G" Street Gary Van asdel, Executive Director, on behalf of the San Bernardino City Housing Authority and/or Redevelopment Agency, and Rohit Doshi and Rite Family Trust, property owners Purchase price, terms and conditions 1140-1228 W. 2nd Street APN 0138-263-02, 0138-301-01, 0138-301-06, 0138-301-10 3 08/16/2004 1. Continued. Negotiating Parties: Under Negotiation: 5. Property: Gary Van asdel, Executive Director, on behalf of the Redevelopment Agency, and Robert L. Kovats, property owner Purchase price, terms and conditions 1108 W. 2nd Street APN 0138-301-07 Gary Van asdel, Executive Director, on behalf of the Redevelopment Agency, and Belichefsky Children Family Trust, property owner Purchase price, terms and conditions 1122 W. 2nd Street APN 0138-301-08 Gary Van asdel, Executive Director, on behalf of the Redevelopment Agency, and Alice E. Spar, et al., property owners Purchase price, terms and conditions 49th Street Property - 40th Street Project Area Negotiating Parties: Under Negotiation: 6. Property: Negotiating Parties: Under Negotiation: 7. Property: Negotiating Parties: Under Negotiation: Meadowbrook Park Area 8. Property: Negotiating Parties: Under Negotiation: 49th Street and Sierra Way APN 0154-125-12, APN 0154-125-13 Gary Van asdel, Executive Director, on behalf of the Redevelopment Agency and the San Bernardino City Housing Authority, and Robert F. Buesching and Angelina M. Buesching, et al., property owners Purchase price, terms and conditions 199 N. 2nd Street and 188 N. Allen Street APN 0135-291-16, APN 0135-291-17 Gary Van asdel, Executive Director, on behalf of the Redevelopment Agency and the San Bernardino City Housing Authority, and Lilly A. Padilla, property owner Purchase price, terms and conditions 4 08/16/2004 END OF CLOSED SESSION 5 08/16/2004 RECONVENE MEETING PRESENT: ABSENT: INVOCATION: PLEDGE: 2. Appointments. A. Rikke V. Johnson - Alternate - San Bernardino Regional Water Resources Authority - Mayor Valles. MOTION: That the appointment of Rikke V. Johnson, as alternate member to the San Bernardino Water Resources Authority, as requested by Mayor Valles, be approved. B. Robert G. McBay - Handicap Accessibility Appeals Board - Mayor Valles. MOTION: That the appointment of Robert G. McBay to the Handicap Accessibility Appeals Board, as requested by Mayor Valles, be approved. 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 nonnal sequence on the agenda. Infonnation concerning Consent Calendar items is available for public review. CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 5 through 24, be adopted except for _, _, _, _, and _. 6 08/16/2004 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/Community Development Commission and San Bernardino City Housing Authority, be waived. 6. Council Minutes (See Attached) MOTION: That the minutes of the following meeting of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: July 19, 2004 (Distributed on 8/4/04) 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed on the memorandum dated August 10, 2004, 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 August 10, 2004 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 Administrator 9. Resolution of the Mayor and Common Council of the City of San Bernardino approving a Master Services Agreement by and between the Inland Valley Development Agency and the City of San Bernardino for provision of City services for Fiscal Year 200412005. (See Attached) (Reimbursement to City -- $239,100.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted; and that the Director of Finance be authorized to increase Account No. 001-183-5505 by $100,000 for expedited engineering services, and revenue 7 08/16/2004 Account No. 001-000-4671 by $100,000 to reflect corresponding reimbursement. City Attorney LAID OVER FROM AUGUST 2, 2004 10. An Ordinance of the City of San Bernardino adding Chapter 8.39 to the San Bernardino Municipal Code regarding seizure and forfeiture of nuisance vehicles. FINAL READING. (Backup material was distributed on August 2, 2004, Item No. SI.) MOTION: That said ordinance be adopted. 11. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Arias, Lockwood & Gray and the City of San Bernardino to represent the City in the case of People of the State of California v. Manta Management, et al. (See Attached) MOTION: That said resolution be adopted. 12. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Arias, Lockwood & Gray and the City of San Bernardino to represent the City in the case of Fu San Limited, et al. v. City of San Bernardino. (Document and Resolution not available at time of printing.) MOTION: That said resolution be adopted. 13. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Wacy Armstrong Jr., and the City of San Bernardino to represent the City in the case of San Bernardino City Unified School District, a public school district v. Oscar A. Sandoval, et al. (Document and Resolution not available at time of printing.) MOTION: That said resolution be adopted. 8 08/16/2004 City Clerk 14. Review and take action regarding the need for continuing in effect the local emergency caused by the Old Waterman Canyon Fire pursuant to Government Code Section 8630 (c)( 1). MOTION: That the Mayor and Common Council confirm the need for continuing in effect the local emergency caused by the Old Waterman Canyon Fire. Development Services LAID OVER FROM AUGUST 2, 2004 15. An Ordinance of the City of San Bernardino modifying Chapter 19.04 (Residential Districts), Section 19.04.030 (2) (N) of the San Bernardino Municipal Code (Development Code) related to planned residential developments/small lot subdivisions requirements. FINAL READING (Backup material was distributed on August 2,2004, Item No. 24.) MOTION: That said ordinance be adopted. LAID OVER FROM AUGUST 2, 2004 16. An Ordinance of the City of San Bernardino amending Chapter 19.22 (Sign Regulations) of the San Bernardino Municipal Code (Development Code) related to monument and pylon signs for regional shopping centers. FINAL READING (Backup material was distributed on August 2,2004, Item No. 25.) MOTION: That said ordinance be adopted. 17. Authorize the Director of Development Services to issue a letter to the California Department of Transportation (Caltrans) requesting that Caltrans conduct a public hearing on August 30, 2004, in accordance with the requirements of Section 35751 of the California Vehicle Code regarding establishing load limits on the Mt. Vernon Bridge. (See Attached) Wards 1 & 3 MOTION: That the Director of Development Services be authorized to issue a letter to the California Department of Transportation (Caltrans) requesting that Caltrans conduct a public hearing on August 30, 2004, at 7:00 p.m. in the Council Chambers of City Hall in accordance with the requirements of Section 35751 of the 9 08/16/2004 California Vehicle Code regarding establishing load limits on the Mt. Vernon Bridge over BNSF Railroad (Bridge No. 54C0066). 18. Authorize execution of Change Order No, One to contract with Ross A. Guy & Son, General Engineering Contractors for sanitary sewer system improvements. (See Attached) (Cost to the City -- $28,000 from the Sewer Line Construction Fund. ) Ward 6 MOTION: That the Mayor and Common Council authorize the Director of Development Services to execute Change Order No. One to the contract with Ross A. Guy & Son, General Engineering Contractors, Inc. for sanitary sewer system improvements for proposed SR-21O Freeway Extension at Macy Street and Madison Street from 23rd Street to 26th Street (SW04-17) per Plan No. 10635. Facilities Mana~ement 19. Resolution of the Mayor and Common Council of the City of San Bernardino to authorize the execution of a contract with and issuance of a purchase order to Industrial Air Innovations for the replacement of two HV AC units at Fire Station #221. (See Attached) Ward 1 MOTION #1: That said resolution be adopted; and MOTION #2: That the Director of Finance be authorized to amend the FY 2004/05 budget and include the loan proceeds and expenditure of those proceeds in Account No. 001-321-5706 (Alterations and Renovations) and 001-000-6453 (Loan Proceeds); and MOTION #3: That the Purchasing Manager be authorized to solicit, as needed, lease-purchase rate quotes for the Fire Station #221 HV AC Project, the Fire Station #221 roof replacement, the Police IS Building roof replacement, and the Cat Building renovation at the Animal Control Shelter for a total of $480,000 under the existing Master Lease Agreements, and award a lease-purchase contract to the lowest responsible lease company. Fire 20. Authorization to reject all bids received in response to Request for Quote (RFQ) #F 05-013 for replacement of Class "B" uniforms and to readvertise for bids. (See Attached) 10 08/16/2004 MOTION: That the Mayor and Common Council authorize the Purchasing Manager to reject all bids received in response to Request for Quote (RFQ) #F 05-013 for replacement of Class "B" uniforms and to readvertise for bids. 21. Resolution of the Mayor and Common Council of the City of San Bernardino adopting Amendment Number Two authorizing the City of San Bernardino Fire Department to extend the agreement with the County of San Bernardino to provide fire protection and paramedic services to County unincorporated areas within the City of San Bernardino's sphere of influence from July 1, 2004, through June 30, 2005. (See Attached) MOTION: That said resolution be adopted. Information Services 22. Resolution of the City of San Bernardino authorizing the purchase of 200 Hewlett-Packard (HP) Desktop computers to replace existing outdated computers in various departments. (See Attached) (Cost to the City -- $184,684.00 from the Management Information Systems Fund.) MOTION: That said resolution be adopted. Parks, Recreation & Community Services 23. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor or her designee to apply for and administer a "Room to Grow" Juliana Greenhouse Grant for schools and communities. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Water Department 24. Resolution of the Mayor and Common Council of the City of San Bernardino accepting a grant deed from Dixie Ann Hubbard, as trustee of the Hubbard Family Trust U/D/T and Patricia Ann Dye, trustee of the Patricia Ann Dye Separate Property Trust for property located between 8th Street and 9th Street west of "H" Street adjacent to the 1-215 Freeway, Assessors Parcel Number 0140-191-41-0-000, San Bernardino, California and dedicating the property for Water Department use. (See Attached) (No cost to the City.) Ward 4 MOTION: That said resolution be adopted. 11 08/16/2004 END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at the Le~islative Review Committee meetin~ on Au~ust 3, 2004 - Committee Members present: Derry, Kelley and Johnson 25. Ordinance amending Section 12.80.130 (T) of the San Bernardino Municipal Code relating to entering or remaining in a City-owned skateboard park without skating. FIRST READING (Document and Ordinance not available at time of printing.) MOTION: That said ordinance be laid over for final adoption. Heard by the Ways and Means Committee on Au~ust 4,2004 - Committee Members present: McCammack, McGinnis and Johnson 26. Discussion concerning funding for additional Police Officers. (Document not available at time of printing.) MOTION: That the Mayor and Common Council discuss this matter, then refer it back to the Police Ad Hoc Committee for follow-up to the discussion, and continue to identify long-term funding sources. Recommended for approval at the Personnel Committee meetin~ on Au~ust 9,2004 - Committee Members present: McGinnis, Lon~ville and McCammack Facilities Mana~ement 27. Reclassification of Account Clerk II to Account Clerk III and Administrative Clerk II to Account Clerk II for the Facilities Management Department. (See Attached) MOTION #1: That the Mayor and Common Council reclassify one (1) Account Clerk II, Range 1326 ($2,256-$2,743) to Account Clerk III, Range 1345 ($2,481-$3,015); and 12 08/16/2004 MOTION #2: That the Mayor and Common Council reclassify one (1) Administrative Clerk II, Range 1308 ($2,063-$2,507) to Account Clerk II, Range 1326 ($2,256-$2,743); and MOTION #3: That the Director of Human Resources be directed to update Resolution No. 6413, Section Thirteen, and Resolution No. 97- 244, to reflect this action. Fire 28. Reclassification of Account Clerk II to Account Clerk III for the Fire Department. (See Attached) MOTION #1: That the Mayor and Common Council reclassify one (1) Account Clerk II, Range 1326 ($2,256-$2,743) to Account Clerk III, Range 1345 ($2,481-$3,015); and MOTION #2: That the Director of Human Resources be directed to update Resolution No. 6413, Section Thirteen, and Resolution No. 97- 244, to reflect this action. City Administrator 29. Reclassification of Assistant to the City Administrator to Assistant City Administrator. (See Attached) MOTION #1: That the Mayor and Common Council reclassify one (1) Assistant to the City Administrator position, Range 4530, $6,242- $7, 587/month to new classification of Assistant City Administrator, Range 4568, $7,544-$9, 170/month, effective August 16, 2004; and MOTION #2: That the Director of Human Resources be directed to update Resolution No. 6413 and Resolution No. 2003-328, to reflect this action. City Attorney 30. Establish new classification of Supervising City Attorney Investigator and reclassify one existing City Attorney Investigator to new classification. (See Attached) MOTION #1: That the Mayor and Common Council establish a new classification of Supervising City Attorney Investigator, Range 3507, $5,565-$6,765/month, effective August 16, 2004; and MOTION #2: That the Mayor and Common Council reclassify one (1) City Attorney Investigator position, Range 3477, $4,792- 13 08/16/2004 $5,824/month to new classification of Supervising City Attorney Investigator, Range 3507, $5,565-$6,765/month, effective August 16, 2004; and MOTION #3: That the Director of Human Resources be directed to update Resolution No. 6413 and Resolution No. 2003-328, to reflect this action. Public Services 31. Salary increase for the position of Extra Relief Heavy Laborer in the Public Services Department. (See Attached) MOTION #1: That the Mayor and Common Council approve a salary increase for the position of Extra Relief Heavy Laborer from $7.25/hour to $9.25/hour, effective September 1, 2004; and MOTION #2: That the Mayor and Common Council approve a salary increase for the position of Extra Relief Heavy Laborer from $9.25/hour to $11. 25/hour, effective, July 1, 2005; and MOTION #3: That the Director of Human Resources be directed to update Resolution No. 6413, Section Thirteen, to reflect this action; and MOTION #4: That the Director of Finance be authorized to amend the FY 2004/05 adopted budget and appropriate $5,700 from the Fleet Fund's unreserved/undesignated fund balance to Account No. 635-341-5014 (P/T salaries), $31,000 from the Refuse Fund Account Nos. 527-415-5014 ($17,700), 527-413-5111 ($5,500) and 527-412-5111 ($7,800) to Account No. 527-413-5014 (P/T salaries) . END OF COMMITTEE CONSENT PUBLIC HEARINGS CONTINUED FROM AUGUST 2, 2004 TO BE HEARD AT 4:00 P.M. R32. Public hearing - 2004 Disposition and Development Agreement with Stan Robbins and Jim Robbins for purchase of Agency property located at 5055 N. Hallmark Parkway. (Community Development Commission) 14 08/16/2004 A. A Resolution of the Community Development Commission of the City of San Bernardino approving the sale of certain real property by the Redevelopment Agency of the City of San Bernardino to Stan Robbins and Jim Robbins, and authorizing the Agency Executive Director to execute the 2004 Disposition and Development Agreement between the Agency and Stan Robbins and Jim Robbins (5055 N. Hallmark Parkway). (Resolution not available at time of printing.) (Item Continued on Next Page) R32. Continued. (Mayor and Common Council) B. A Resolution of the Mayor and Common Council of the City of San Bernardino approving the sale of certain real property by the Redevelopment Agency of the City of San Bernardino to Stan Robbins and Jim Robbins (5055 N. Hallmark Parkway). (Resolution not available at time of printing.) The hearing remains open . . . MOTION: That the matter be tabled. END OF PUBLIC HEARINGS CONTINUED ITEMS Recommended for approval at the Ways and Means Committee meetin~ on June 9, 2004 - Committee Members present: McCammack, Estrada and Derry Human Resources CONTINUED FROM AUGUST 2, 2004 33. Resolution of the Mayor and Common Council of the City of San Bernardino approving the San Bernardino City Professional Firefighters Welfare Benefit Plan authorizing payroll deductions by the City of San Bernardino for participating members. (No Backup material was distributed on July 6, 2004, Item No. 28, item was continued to July 19, 2004, Item No. 37, item was continued to August 2, 2004, Item No. 22.) MOTION: That the matter be continued to September 20,2004. END OF CONTINUED ITEMS 15 08/16/2004 STAFF REPORTS Finance 34. Resolution of the Mayor and Common Council approving and adopting the City of San Bernardino's Final Budget for Fiscal Year 2004-2005 and establishing the City's appropriation limit as required by Article XXIII B of the California State Constitution. (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Development Services 35. Resolution of the Mayor and Common Council of the City of San Bernardino adopting the 200412005 through 200812009 Capital Improvement Program. (Document and Resolution not available at time of printing.) MOTION: That said resolution be adopted. END OF STAFF REPORTS 16 08/16/2004 MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO RECONVENE MEETING MONDAY, AUGUST 16, 2004 -7:00 P.M. PRESENT: ABSENT: PLANNING ITEMS TO BE HEARD AT 7:00 P.M. 36. Public hearing - Development Code Amendment No. 04-03 to modify Chapter 19.70 of the Development Code pertaining to temporary use permits. (See Attached) An Ordinance of the City of San Bernardino amending Chapter 19.70 (Temporary Use Permits) of the San Bernardino Municipal Code (Development Code) related to activities on City-owned property and City-sponsored activities. FIRST READING (Ordinance not available at time of printing.) Applicant: Inland Empire 66ers Baseball 280 S. "E" Street San Bernardino, CA 92418 Request/Location: The applicant is requesting approval of Development Code Amendment No. 04-03 to modify Development Code Chapter 19.70, Temporary Use Permits. Specifically, the Inland Empire 66ers Baseball would like to hold an annual used vehicle sales event at Arrowhead Credit Union Park. The stadium is located in the CCS-1, Central City South land use district and the sales of new and used vehicles are not a permitted use. Mayor to open the hearing . . . MOTION: That the hearing be closed; that said ordinance be laid over for final adoption; that the City Administrator's Office be directed to prepare implementation guidelines, and that the application processing fee of $1,506 be refunded. 17 08/16/2004 37. Initiation of a General Plan Amendment for the north side of King Street, between Mt. Vernon Avenue and Giovanola Avenue. (See Attached) (Cost to the City -- $2,500 from the General Fund.) Ward 1 MOTION: That the Mayor and Common Council initiate a General Plan Amendment to consider changing the land use designation from CG-4, Commercial General, to RS, Residential Suburban for seven parcels located on the north side of King Street, between the alley that is east of Mt. Vernon and Giovanola Avenue. CONTINUED FROM JULY 19, 2004 38. General Plan Amendment No. 04-02 - Uptown and Central City North Redevelopment Project Area Plan - reinstatement of eminent domain and other entitlement actions. (See Attached Memo) (Backup material was distributed on July 19, 2004, Item No. 30.) Resolution of the City of San Bernardino adopting the Facts, Findings and Statements of Overriding Consideration, certifying the Program Environmental Impact Report, adopting the Mitigation Monitoring Plan for the Reinstatement of Eminent Domain in the Uptown and Central City North Redevelopment Project Area Plans and other entitlement actions, certifying the Traffic Impact Analysis Report, and adopting General Plan Amendment No. 04-02. MOTION: That said resolution be adopted. END OF PLANNING ITEMS COMMUNITY DEVELOPMENT COMMISSION CONTINUED FROM JULY 19, 2004 R39. Uptown Redevelopment Project Area Plan Amendment - Eminent Domain - Reinstatement of Eminent Domain. (Backup material was distributed on July 19, 2004, Item No. R31.) (Item Continued on Next Page) 18 08/16/2004 R39. Continued. (Community Development Commission) A. Resolution of the Community Development Commission of the City of San Bernardino as a responsible agency under the California Environmental Quality Act adopting a Statement of Overriding Considerations, and making findings that a Final Program Environmental Impact Report, and the Mitigation Monitoring Plan for the Reinstatement of Eminent Domain Powers in the redevelopment project areas of the Uptown Redevelopment Project and the Central City North Redevelopment Project fully and adequately address the potential environmental effects of the approval by the Commission of such redevelopment plan amendments. (Community Development Commission) B. Resolution of the Community Development Commission of the City of San Bernardino making findings regarding conditions of blight in the redevelopment project area of the Uptown Redevelopment Project, approving the Section 33352 Report to the Mayor and Common Council on the 2004 Eminent Domain Amendment to the Redevelopment Plan for the Uptown Redevelopment Project and approving the 2004 Eminent Domain Amendment to the Redevelopment Plan for the Uptown Redevelopment Project. (Mayor and Common Council) C. Resolution of the Mayor and Common Council of the City of San Bernardino adopting written responses to written and oral objections to the Amendment to the Uptown Redevelopment Project. (Resolution not available at time of printing.) D. Ordinance of the Mayor and Common Council of the City of San Bernardino adopting the 2004 Eminent Domain Amendment to the Redevelopment Plan for the Uptown Redevelopment Project. FIRST READING MOTION: That said resolutions A-C, be adopted; and that said ordinance be laid over for final adoption. CONTINUED FROM JULY 19, 2004 19 08/16/2004 R40. Central City North Redevelopment Project Area Plan - Amended and Restated Redevelopment Plan. (Backup material was distributed on July 19, 2004, Item No. R32.) (Item Continued on Next Page) R40. Continued. (Community Development Commission) A. Resolution of the Community Development Commission of the City of San Bernardino as a responsible agency under the California Environmental Quality Act adopting a Statement of Overriding Considerations, and making findings that a Final Program Environmental Impact Report, and the Mitigation Monitoring Plan for the Reinstatement of Eminent Domain Powers in the Redevelopment project areas of the Uptown Redevelopment Project and the Central City North Redevelopment Project fully and adequately address the potential environmental effects of the approval by the Commission of such redevelopment plan amendments. (Community Development Commission) B. Resolution of the Community Development Commission of the City of San Bernardino, making findings regarding conditions of blight in the Redevelopment Project Area of the Central City North Redevelopment Project; approving the Section 33352 Report to the Mayor and Common Council on the 2004 Amended and Restated Redevelopment Plan for the Central City North Redevelopment Project and approving the 2004 Amended and Restated Redevelopment Plan for the Central City North Redevelopment Project. (Mayor and Common Council) C. Resolution of the Mayor and Common Council of the City of San Bernardino adopting written responses to written and oral objections to the amended and restated Plan for the Central City North Redevelopment Project Area. (Resolution not available at time of printing.) D. An Ordinance of the Mayor and Common Council of the City of San Bernardino adopting the 2004 Amended and Restated Redevelopment Plan for the Central City North Redevelopment Project. FIRST READING MOTION: That said resolutions A-C, be adopted, and that said ordinance be laid over for final adoption. 20 08/16/2004 R41. Economic Development Agency Fiscal Year 2004-05 Budget. (Document not available at time of printing.) (Item Continued on Next Page) R41. Continued. A. Resolution of the Community Development Commission of the City of San Bernardino, California, approving the Economic Development Agency's budget for the Fiscal Year 2004-05 except for those portions of certain budget lines which are related to the Uptown Redevelopment Project Area. (Resolution not available at time of printing.) B. Resolution of the Community Development Commission of the City of San Bernardino, California, approving the Economic Development Agency's budget for those portions of certain budget lines which are related to the Uptown Redevelopment Project Area for the Fiscal Year 2004-05. (Resolution not available at time of printing.) MOTION: That said resolutions A & B, be adopted. Heard at the Redevelopment Committee meetin~ on July 6, 2004 - Committee Members Present: Estrada and McGinnis R42. 303 W. Third Street - Amendment to HUD Section 108 Loan Agreement, Owner Participation Agreement, and EDI Loan Agreement 303 LLC. (Document not available at time of printing.) Ward 1 (Mayor and Common Council) A. A Resolution of the Mayor and Common Council approving the August 2004 Memorandum of Amending to the Section 108 Loan Guarantee Agreement by and between the United States Department of Housing and Urban Development (HUD) and the City of San Bernardino (303 LLC Project). (Resolution not available at time of printing.) B. A Resolution of the Mayor and Common Council of the City of San Bernardino approving the August 2004 Amendment to the 2000 Community Development Block Grant Program Section 108 Project Development Loan Agreement, Dated September 18, 2000, by and between the 303, LLC and the City of San Bernardino. (Resolution not available at time of printing.) (Community Development Commission) 21 08/16/2004 C. A Resolution of the Community Development Commission of the City of San Bernardino approving the August 2004 Amendment to the 2000 Owner Participation And ED I Loan Agreement and the ED I Loan Forbearance Agreement, dated September 18, 2000, by and between the 303 LLC and the Redevelopment Agency of the City of San Bernardino. (Resolution not available at time of printing.) MOTION: That said resolutions A-C, be adopted. Recommended for approval at the Redevelopment Committee meetin~ on July 6, 2004 - Committee Members Present: Estrada and McGinnis R43. A Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director of the Redevelopment Agency to execute the 2004 Property Owner Participation Agreement with Mr. Reyes et. al. (Owners) for the development of a single- family home on the property (APN: 0135-292-09) located on East King Street (Meadowbrook Park Neighborhood - IVDA Project Area). (Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. 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., Tuesday, September 7, 2004, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 22 08/16/2004 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. 23 08/16/2004