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HomeMy WebLinkAbout12-15-2003 Reg. Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, DECEMBER 15, 2003 -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 17 & 18.) 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): Fernando Velardez; Armando Velardez v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 097365; 1 12/15/2003 I. Continued. Alice Thomas v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 098359; James M. Sutcliffe v. City of San Bernardino, WCAB No. SBR 030855; 0308556; 0308557; 0308558; SBR 0316340; Shirley J. Goodwin v. City of San Bernardino, et al. - United States District Court Case No. EDCV 98-6-RT (V APx). 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: Neighbors of San Manual Tribe v. City 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. Allan Steward and Gil Lara City v. San Manuel Band of Serrano Mission Indians D. Closed Session - personnel - pursuant to Government Code Section 54957 : Contract Extension Development Services Director 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. I. Negotiator: Linn Livingston, Human Resources Director Employee Organization: San Bernardino City Professional Fire Fighters' Association (Item Continued on Next Page) 2 12/15/2003 I. Continued. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. Property: APN 0134-071-24,0134-071-25,0134-071-58 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Scott Beard, property owner Under Negotiation: Purchase price, terms and conditions END OF CLOSED SESSION 3 12/15/2003 RECONVENE MEETING PRESENT: ABSENT: INVOCATION: PLEDGE: 2. Appointments. 3. Presentations. A. Service Pin Awards Ceremony. B. City of San Bernardino Customer Award Presentation - 3rd Quarter 2003. 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 _. 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, be waived. 4 12/15/2003 6. Personnel Actions. (See Attached) MOTION: That the personnel actions as submitted by the Chief Examiner dated December 10, 2003, 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's Office 7. Resolutions regarding an agreement with Strategic Education Services. (See Attached) (Net cost to the General Fund -- $16,000, plus up to 1/3 of miscellaneous expenses ($334.00). A. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute an Agreement with Strategic Education Services (SES) for consulting services. (Resolution not available at time of printing.) B. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement to jointly fund the consulting services of Strategic Education Services (SES) by and between the City of San Bernardino, the Board of Water Commissioners of the City of San Bernardino, and the Community Development Commission of the City of San Bernardino. (Resolution not available at time of printing.) C. Resolution of the Community Development Commission of the City of San Bernardino authorizing the execution of an agreement to jointly fund the consulting services of Strategic Education Services (SES) by and between the City of San Bernardino, the Board of Water Commissioners of the City of San Bernardino, and the Community Development Commission of the City of San Bernardino. (Resolution not available at time of printing.) MOTION: That said resolutions A-C, be adopted. City Attorney 8. Authorization to reappoint a City Attorney Investigator/Special Projects (Part- time) for the period January 3, 2004 through June 30, 2004, with no benefits, at $32 per hour, for the purpose of enforcing the City of San Bernardino's Municipal Code relating to transient vendors. (Document not available at time of printing.) (Item Continued on Next Page) 5 12/15/2003 8. Continued. MOTION #1: That the Mayor and Common Council authorize the City Attorney to reappointment a part-time City Attorney Investigator for the period of January 3, 2004 through June 30, 2004, with no benefits, at $32 per hour, for the purpose of enforcing the City of San Bernardino's Municipal Code relating to transient vendors; and MOTION #2: That the Mayor and Common Council authorize the Director of Finance to effect a budget amendment transferring $13,312 in savings from Account No. 001-073-5505 (Code Compliance Other Professional Services - CDBG) to Account No. 001-051- 5014 (City Attorney's Office - Part-time Hiring). City Clerk's Office 9. Approve Local Appointments List per Maddy Act. (See Attached) MOTION: That the Mayor and Common Council approve the Local Appointments List of all regular and ongoing boards, commissions, and committees and direct that the City Clerk send a copy of the List to the Feldheym Library for posting pursuant to Government Code Section 54973. 10. Certification of Northwest Project Area Committee election results - November 20, 2003. (See Attached) Ward 6 MOTION #1: That the Mayor and Common Council declare that the adopted procedures for the Northwest Project Area Committee election held on November 20, 2003, were followed and further declare as official the results of the Northwest Project Area Committee Election, as set forth in the Certificate of Election results dated December 4, 2003, and the accompanying tally sheet; and MOTION #2: That the Community Development Commission recommend approval of the Northwest Project Area Committee as elected on November 20,2003. 6 12/15/2003 Code Compliance II. Resolution executing an agreement for grant funding through the State of California Code Enforcement Grant Program and resolution authorizing the purchase of anti-graffiti and anti-dumping cameras. (See Attached) (No cost to the City -- $76,081 is grant funded.) A. A Resolution of the Mayor and Council authorizing the Mayor to execute an Agreement to receive grant funding through the State of California Code Enforcement Grant Program. (Resolution not available at time of printing.) B. A Resolution of the Mayor and Council authorizing the purchase of anti- graffiti and anti-dumping cameras. (Resolution not available at time of printing.) MOTION: That said resolutions A & B, be adopted. Development Services 12. Resolution of the City of San Bernardino approving a Services Agreement with Transtech Engineering Inc. (known as the Team of Transtech/MAPCO) for design of sanitary sewer line replacement and/or upgrades in "E" Street between Hunts Lane to McKay Drive, Chandler Place from "E" Street to Orange Show Road, Inland Center Drive from "H" Street to 1-215 Freeway, Inland Center Drive from Scenic Drive to 1-215 Freeway, Virginia Street from "I" Street to "H" Street, 17th Street from "I" Street to "H" Street, and an alley south of Jefferson Street to Inland Center Drive. (See Attached) (Cost to the City -- $110,000 from the Sewer Line Construction Fund.) (Resolution not available at time of printing.) Wards 1,2,3&7 MOTION: That said resolution be adopted. 13. Resolution of the City of San Bernardino approving a Services Agreement with Associated Engineers, Inc. for design of sanitary sewer main replacement in Arrowhead Avenue from Mill Street to Chandler Place. (See Attached) (Cost to the City -- $50,000 from the Sewer Line Construction Fund.) (Resolution not available at time of printing.) Ward 3 MOTION: That said resolution be adopted. 7 12/15/2003 14. Authorization for the Director of Development Services to execute Change Order No. One to contract with Guzman Construction Company for street improvements on Terrace Road between 6th Street and Maple Street and on 9th Street between Pennsylvania A venue and Flores Street and sidewalk and ADA access at Highland Avenue and Ramona Avenue per Plan Nos. 10620 and 10618. (See Attached) (Cost to the City -- $17,421.81 from the % Cent Sales and Road Tax Fund.) Wards 1&6 MOTION: That the Mayor and Common Council authorize the Director of Development Services to execute Change Order No. One in the amount of $17,421.81 to contract with Guzman Construction Company for street improvements on Terrace Road between 6th Street and Maple Street and on 9th Street between Pennsylvania A venue and Flores Street and sidewalk and ADA access at Highland Avenue and Ramona Avenue per Plan No. 10620 and 10618. 15. Authorization for the Director of Development Services to execute Change Order No. One to contract with Holland-Lowe Construction, Inc. for the road closure at 44th Street at Waterman Avenue, per Plan No. 10516. (See Attached) (Cost to the City -- $12,864.71 from the CDBG Fund.) Ward 4 MOTION: That the Mayor and Common Council authorize the Director of Development Services to execute Change Order No. One in the amount of $12,864.71 to contract with Holland-Lowe Construction, Inc. for the road closure at 44th Street at Waterman Avenue, per Plan No. 10516. 16. Authorization for the Director of Development Services to execute Change Order No. Two to contract with International Pavement Solutions, Inc. for street and drainage improvements on Meridian Avenue and Poplar Street, per Plan No. 10505. (See Attached) (Cost to the City -- $6,974.52 from various funds.) Ward 3 MOTION: That the Mayor and Common Council authorize the Director of Development Services to execute Change Order No. Two in the amount of $6,974.52 to contract with International Pavement Solutions, Inc. for street and drainage improvements on Meridian Avenue and Poplar Street, per Plan No. 10505. 8 12/15/2003 17. Resolution of the City of San Bernardino making application to the Local Agency Formation Commission for providing City sewer services to property within unincorporated territory located at the southwest corner of Porter Street and California Street (APN: 0268-291-16). (See Attached) (No cost to the City -- $1,000 processing fee has been paid by the applicant.) (Resolution not available at time of printing.) MOTION: That the Director of Development Services be authorized to initiate proceedings for the provision of City sewer services outside of City boundaries for property located at the southwest corner of Porter Street and California Street; and that said resolution be adopted. 18. Resolution of the City of San Bernardino accepting fair market value for a portion of certain real property, located northeasterly of Cajon Boulevard at University Parkway, known as Assessor's Parcel Numbers 0148-011-06 & 40 and 0266-073-02, 04, 05 & 09, to be acquired by San Bernardino Associated Governments of San Bernardino County for the City of San Bernardino relative to a proposed grade separation. (See Attached) (Resolution not available at time of printing.) Ward 6 MOTION: That said resolution be adopted. 19. Authorization to proceed - proposed vacation of a portion of that certain east/west alley south of Base Line Street, between Lugo Avenue and Sepulveda Avenue and plan approval. (See Attached) (Cost to the City -- $1,000 from the General Fund. ) Ward 2 MOTION: That the Director of Development Services and the City Clerk be authorized to proceed with the vacation of a portion of that certain east/west alley, south of Base Line Street, between Lugo A venue and Sepulveda A venue; and that the Mayor and Common Council approve Plan No. 10894. 20. Resolution of the City of San Bernardino terminating Assessment District No. 990 Zone I and Zone 2, Highland Avenue and Arden Avenue Area Security and Maintenance Assessment District, and releasing of liens. (See Attached) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 9 12/15/2003 Human Resources 21. Resolution of the City of San Bernardino to provide an Accumulated Leave Conversion Plan through membership in the Public Agency Retirement System (PARS) Trust. (See Attached) (No cost to the City.) (Resolution not available not at time of printing.) MOTION: That said resolution be adopted. Mayor's Office 22. Funding approval of Fine Arts and Cultural Agreements for Fiscal Year 200312004. (See Attached) A. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the Inland Empire Symphonic Choir for the promotion of arts and culture. (Cost to the City -- $683 from the General Fund.) (Resolution not available at time of printing.) B. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the Canto Bello Master Chorale for the promotion of arts and culture. (Cost to the City -- $5,200 from the General Fund.) (Resolution not available at time of printing.) C. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the CSUSB Foundation, Coyote Conservatory for the Arts for the promotion of arts and culture. (Cost to the City -- $16,500 from the General Fund.) (Resolution not available at time of printing.) D. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the Inland Dance Theatres, Inc. for the promotion of arts and culture. (Cost to the City -- $13,500 from the General Fund.) (Resolution not available at time of printing.) E. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the Junior University of San Bernardino, Inc. for the promotion of arts and culture. (Cost to the City - $7,000 from the General Fund.) (Resolution not available at time of printing.) (Item Continued on Next Page) 10 12/15/2003 22. Continued. F. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the San Bernardino- Riverside Counties District Metropolitan Opera Auditions for the promotion of arts and culture. (Cost to the City -- $3,500 from the General Fund.) (Resolution not available at time of printing.) G. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the Prime Time Choraliers for the promotion of arts and culture. (Cost to the City - $2,297 from the General Fund.) (Resolution not available at time of printing.) H. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the Sinfonia Mexicana for the promotion of arts and culture. (Cost to the City - $58,000 from the General Fund.) (Resolution not available at time of printing.) I. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the Sturges Family Playhouse & Academy for the promotion of arts and culture. (Cost to the City - $15,500 from the General Fund.) (Resolution not available at time of printing.) J. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the San Bernardino Valley Community Concert Association for the promotion of arts and culture. (Cost to the City - $11,320 from the General Fund.) (Resolution not available at time of printing.) MOTION: That said resolutions A-J, be adopted. Police 23. Resolution of the Mayor and Common Council authorizing the execution of a Memorandum of Understanding with the Los Angeles County Sheriff's Department (for SCRRA - Metrolink) and the City of San Bernardino Police Department. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) Wards 3,6&7 11 12/15/2003 MOTION: That said resolution be adopted. Water 24. Resolution of the Mayor and Common Council of the City of San Bernardino accepting a corrected Grant Deed from Southern California Edison Company for property located on the north side of Nolan Street, between Ogden and Kern Streets, San Bernardino, dedicating the property for Water Department use, and rescinding Resolution No. 2003-273. (See Attached) (Cost to the Water Department -- $6,900 from the Water Fund.) (Resolution not available at time of printing.) Ward 2 MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at Le~islative Review Committee on December 10,2003 Council Members present: Lon~ville and Derry 25. Ordinances amending Chapter 15.10 of the San Bernardino Municipal Code and adopting Section 15.10.090, to include the Fire Threat Zone Building and Landscaping Standards. (Document not available at time of printing.) A. Urgency Ordinance of the City of San Bernardino amending Chapter 15.10 of the San Bernardino Municipal Code to include the fire threat zone building and landscaping standards. URGENCY (Ordinance not available at time of printing.) B. Ordinance of the City of San Bernardino amending Chapter 15.10 of the San Bernardino Municipal Code to include the Fire Threat Zone Building and Landscaping Standards. FIRST READING (Ordinance not available at time of printing.) MOTION: That the matter be tabled. END OF COMMITTEE CONSENT 12 12/15/2003 PUBLIC HEARINGS Development Services TO BE HEARD AT 4:00 P.M. 26. Public hearing - resolution creating Underground Utility District No. 30 - portions of Palm Avenue north of Kendall Drive, Belmont Avenue east and west of Palm Avenue and Irvington Avenue east of Palm Avenue. (See Attached) (No cost to the City.) Ward 5 Resolution of the City of San Bernardino creating Underground Utility District No. 30 generally located along portions of Palm Avenue between Kendall Drive and Meyers Road, portions of Belmont Avenue east and west of Palm Avenue, and portions of Irvington Avenue, between Palm Avenue and Olive Avenue, in the City of San Bernardino. (Resolution not available at time of printing.) Mayor to open the hearing . . . MOTION: That the public hearing relative to the formation of Underground Utility District No. 30, be closed; and that said resolution be adopted. END OF PUBLIC HEARINGS CONTINUED ITEMS City Administrator's Office CONTINUED FROM NOVEMBER 17, 2003 27. A Resolution of the Mayor and Common Council of the City of San Bernardino declaring the intention to establish a Community Facilities District for new development for the ongoing operation and maintenance of a fire station for the Verdemont Area. (Backup material distributed on October 6, 2003, Item No. 10; continued from October 20, 2003, Item No. 18; continued from November 17, 2003, Item No. 29.) MOTION: That said resolution be adopted. 13 12/15/2003 Development Services CONTINUED FROM DECEMBER 1, 2003 28. Resolution of the City of San Bernardino authorizing the execution of a land lease agreement with Verizon Wireless for use of a portion of Al Guhin Park, located at 3652 West Little League Drive (San Bernardino Blast). (New Staff Report Attached) (Item was continued from December 1, 2003 Item No. 32; backup material distributed on November 17, 2003, Item No. 10.) Ward 5 MOTION: That said resolution be adopted. END OF CONTINUED ITEMS STAFF REPORTS City Clerk 29. 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)( I). 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 30. Dinner workshop - review the Arrowhead Parkway Alternative Roadway Alignments Fatal Flaw Analysis Report identifying alternative street alignments, approve in concept the most desirable alignment, approve an amendment to the agreement for services to increase the scope of work with the Planning Center and contract amount to $501,400, and authorize the City to accept funds and for The Planning Center to proceed with completion of the Arrowhead Springs portion of the General Plan update, including the preferred Arrowhead Parkway Alternative Roadway Alignment. (See Attached) (No cost to the City.) MOTION #1: That the Mayor and Common Council receive and file the Arrowhead Parkway Alternative Roadway Alignment Fatal Flaw Analysis Report dated November 2003, and approve in concept the report's preferred roadway alignment (Alternative 4Al) connecting Arrowhead Springs with 30th Street; and (Item Continued on Next Page) 14 12/15/2003 30. Continued. MOTION #2: That the Mayor and Common Council approve an amendment to the Agreement for Services with the consultant to increase services at a cost of $31,400 for the Arrowhead Springs Specific Plan portion of the General Plan update for a total contract amount of $501,400, and increase Revenue Account of the General Plan update for a total contract amount of $501,400, and increase Revenue Account No. 001-000-4714 by $31,400 and increase Expenditure Account No. 001-190-5502 by $31,400; and MOTION #3: That the Mayor and Common Council authorize completion of the Arrowhead Springs Specific Plan portion of the General Plan update, subject to the City receiving the required amount of funds from the developer/property owner of Arrowhead Springs to pay the consultant for completion of each work item, task, or phase of the expanded Scope of Work. END OF STAFF REPORTS 15 12/15/2003 MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO RECONVENE MEETING MONDAY, DECEMBER 15, 2003 -7:00 P.M. PRESENT: ABSENT: PLANNING ITEMS TO BE HEARD AT 7:00 P.M. 31. Appeal hearing - Planning Commission's denial of Conditional Use Permit No. 01-09 (Extension of time) to renovate an existing building to establish a 72-bed group home - 216 West 6th Street in the CR-2, Commercial Regional, land use district. (See Attached) (No cost to the City.) Ward 1 Owner/Appellant: Christine Edgcombe Family Service Agency 1669 North "E" Street San Bernardino, CA 92405 Request/Location: A request for a one-year extension of time for Conditional Use Permit No. 01-09, from September 18, 2003 to September 18, 2004, to renovate an existing building to establish a 72-bed group home. The proposed site is located at 216 West 6th Street in the CR-2, Commercial Regional, land use district. Mayor to open the hearing . . . MOTION #1: That the hearing be closed; and that the Mayor and Common Council uphold the appeal and approve Conditional Use Permit No. 01-09 (Extension of Time No. 03-06) based on the Findings of Fact contained in the Planning Commission Staff Report, subject to the Conditions of Approval (Attachment C) as amended, and Standard Requirements (Attachment D); or (Item Continued on Next Page) 16 12/15/2003 31. Continued. MOTION #2: That the Mayor and Common Council deny the appeal and uphold the Planning Commission's denial of Conditional Use Permit No. 01-09 (Extension of Time No. 03-06), and continue to the next meeting to allow Development Services to bring revised Findings of Fact to the Council. END OF PLANNING ITEMS COMMUNITY DEVELOPMENT COMMISSION Recommended for approval at Redevelopment Committee Meetin~ on December 4, 2003 - Members Present: Anderson and Suarez R32. Resolution of the Community Development Commission of the City of San Bernardino, California, adopting the Economic Development Agency's Annual Statement of Investment Policy for the Year 2004. (Document and Resolution not available at time of printing.) MOTION: That said resolution be adopted. Recommended for approval at Redevelopment Committee Meetin~ on December 4, 2003 - Members Present: Anderson and Suarez R33. Resolution of the Community Development Commission of the City of San Bernardino, California, authorizing the investment of monies in the Local Agency Investment Fund, and authorizing certain Economic Development Agency employees to deposit and withdraw monies from said fund. (Document and Resolution not available at time of printing.) MOTION: That said resolution be adopted. Recommended for approval at Redevelopment Committee Meetin~ on December 4, 2003 - Members Present: Anderson and Suarez R34. Education Revenue Augmentation Fund Low Moderate Income Housing Note. (Document not available at time of printing.) (Item Continued on Next Page) 17 12/15/2003 R34. Continued. Resolution of the Community Development Commission of the City of San Bernardino, California, approving an Educational Revenue Augmentation Fund Loan from Community Low and Moderate Income Housing Funds and promissory notes from Redevelopment Project Areas, and authorizing execution thereof. (Resolution not available at time of printing.) MOTION: That the Community Development Commission approve the financing plan for the 2003-04 ERAF payment, approve payable from each of the redevelopment project areas, as outlined in the Staff Report dated December 5, 2003, from Barbara Lindseth, Administrative Services Director; and that said resolution be adopted. Recommended for approval at Redevelopment Committee Meetin~ on June 5,2003 - Members Present: Anderson, Suarez and Estrada R35. A Resolution of the Community Development Commission of the City of San Bernardino authorizing the execution of Amendment No.2 to the Disposition and Development Agreement, dated as of May 21, 2001, as amended, by and between the Agency and SBT Partners, LLC. (Document and Resolution not available at time of printing.) MOTION: That said resolution be adopted. R36. A Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute the Redevelopment Project Study Agreement for property acquisition and redevelopment assistance with Catellus Commercial Group, LLC (Mt. Vernon Corridor Redevelopment Project Area) ("Agreement"). (Document and Resolution not available at time of printing.) MOTION: That said resolution be adopted. 18 12/15/2003 37. 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.) 38. 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, January 5, 2004, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 19 12/15/2003 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. 20 12/15/2003