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HomeMy WebLinkAbout06-21-2010 Jt. Regular AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, JUNE 21, 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 page 19.) 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 City Clerk’s Counter at City Hall located at 300 N. “D” Street, 2nd 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: ___________________________________________ 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): Susan Hulse v. LAFCO & City of San Bernardino, et al. – San Bernardino County Superior Court, Case No. CIVDS 1002077; 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) 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 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: Mid-Management General Management/Confidential Fire Safety Fire Management Police Management Police G. Conference with real property negotiator – pursuant to Government Code Section 54956.8. END OF CLOSED SESSION RECONVENE MEETING – 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ 2. Appointments. 3. Presentations. A. Service Pin Awards Ceremony. 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 19 be adopted except for ____, ____, ____, ____, and ____. 5. Waive full reading of resolutions and ordinances. MOTION: That full reading of the resolutions and ordinances on the regular, supplemental and addendum to the supplemental agendas of the Mayor and Common Council and Community Development Commission, be waived. 6. Council Minutes. 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: April 22, 2010 (Distributed 6/3/10) April 27, 2010 (Distributed 6/3/10) May 17, 2010 (Distributed 6/14/10) 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated June 2, 2010, 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 June 17, 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. City Clerk 9. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a renewal agreement between the City of San Bernardino and Progressive Solutions, Inc. for revenue recovery and software license agreement for software and revenue recovery services. (See Attached) (No Cost to the City) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. City Manager 10. Resolution of the Mayor and Common Council authorizing the City Manager to execute an agreement with Junior University of San Bernardino for the use of the Roosevelt Bowl at Perris Hill Park and ratifying any action taken between May 1, 2010 and the date that this resolution is adopted. (See Attached) (No Cost to the City) (Resolution not available at time of printing.) Ward 2 MOTION: That said resolution be adopted. City Treasurer 11. Resolution of the Mayor and Common Council of the City of San Bernardino acknowledging the receipt and filing of the Annual Statement of Investment Policy for the period July 1, 2010 through June 30, 2011. (See Attached) (No Cost to the City) (Resolution not available at time of printing.) MOTION: That said resolution be adopted Development Services 12. Resolutions approving the 2010/2011 Assessment Rolls – various Assessment Districts. (See Attached) (Cost to the City - $1,873,244.99 – various Assessment Districts; $37,314.11 – General Benefit not assessable; $140,214.29 – portion to be funded through General Fund various account numbers – 251 and 254 funds and 001-382-5506-0000 General Benefit and General Fund portions) Wards 1,3,4,5,6,7 A. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 951, Zone 1 and Zone 2, Landscaping Construction and Maintenance District, Wagonwheel Road Area. Ward 5 B. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 952, Zone 1 and Zone 2, Zone 2A, and Zone 3, Landscaping Construction and Maintenance District, State University Area. Ward 5 C. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 953, Landscaping Maintenance District, 16th Street and Medical Center Drive Area. Ward 6 D. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 956, Landscaping Maintenance District, Carnegie Drive Area. Ward 3 E. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 959, Zone 1 and Zone 2, Landscaping Maintenance District, Shandin Hills Area. Ward 5 F. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 962, Sewer Lift Station Maintenance District, Pine Avenue Area. Ward 5 (Item Continued on Next Page) 12. Continued. G. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 963, Sewer Lift Station Maintenance District, Allen Street Area. Ward 3 H. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 968, Landscaping Maintenance District, Airport Drive. Ward 3 I. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 974, Landscaping Maintenance District, Rialto Avenue and Eucalyptus Avenue Area. Ward 6 J. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 975, Landscaping Maintenance District, Pepper Avenue and Mill Street Area. Wards 3 & 6 K. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 976, Landscaping Maintenance District, Pine Avenue and Belmont Avenue Area. Ward 5 L. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 981, Landscaping Maintenance District, Meridian Avenue and Randall Avenue Area. Ward 3 M. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 982, Landscaping Maintenance District, Piedmont Drive Area. Ward 4 (Item Continued on Next Page) 12. Continued. N. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 986, Landscaping Maintenance District, Rialto Avenue and Macy Street Area. Ward 6 O. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 989, Sewer Lift Station and, Rialto Avenue and Macy Street Area. Ward 3 P. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 991, Landscaping Maintenance District, Verdemont Drive and Olive Avenue Area. Ward 5 Q. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 993, Landscaping Maintenance District, Cajon Boulevard and June Street Area. Ward 6 R. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 997, Landscaping Maintenance District, Chestnut Avenue Area. Ward 5 S. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1001, Landscaping Maintenance District, Pennsylvania Avenue and Birch Street Area. Ward 6 T. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1002, Landscaping Maintenance District, "H" Street Area. Ward 5 U. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1005, Landscaping Maintenance District, Cajon Boulevard and Pepper Linden Avenue (Campus Parkway Area). Ward 6 (Item Continued on Next Page) 12. Continued. V. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1007, Landscaping Maintenance District, Pepper Avenue and Randall Avenue Area. Ward 3 W. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1012, Landscaping Maintenance District, Mill Street and Burney Street Area. Ward 6 X. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1016, Landscaping Maintenance District, Coulston Street Area. Ward 3 Y. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1017, Landscaping Maintenance District, Pine Avenue and Kendall Drive Area. Ward 5 Z. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1018, Northpark Boulevard and Mountain Drive Acquisition Assessment District. Ward 4 AA. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1019, Landscaping Maintenance District, Northpark Boulevard and Mountain Drive Area. Ward 4 BB. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1020, Landscaping Maintenance District, Mill Street and Dallas Avenue Area. Ward 3 CC. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1022, Zone 1, Zone 2 and Zone 3, Landscaping and Street Lighting Maintenance Assessment District, SBIAA/Alliance California Area. Ward 1 (Item Continued on Next Page) 12. Continued. DD. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1023, Landscaping Maintenance District, Elm Avenue and Coulston Street Area. Ward 3 EE. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1024, Landscape Maintenance and Sewer Lift Station District, Inland Center Drive and Riverwalk Drive Area. Ward 3 FF. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1025, Landscaping Maintenance District, Palm Avenue and Washington Street Area. Ward 5 GG. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1027, Landscaping Maintenance District, Waterman Avenue and Washington Street Area. Ward 3 HH. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1028, Landscaping Maintenance District, Ohio Avenue and Walnut Avenue Area. Ward 5 II. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1029, Landscaping Maintenance District, California Street and 16th Street Area. Ward 6 JJ. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1030, Landscaping Maintenance District, Magnolia Avenue and Ohio Avenue Area. Ward 5 (Item Continued on Next Page) 12. Continued. KK. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1031, Landscaping Maintenance District, Irvington Avenue and Olive Avenue Area. Ward 5 LL. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1032, Landscaping Maintenance District, Palm Avenue and Verdemont Drive Area. Ward 5 MM. Resolution of the City of San Bernardino confirming the 2010/2011 Special Tax for certain Parcels of Real Property within Community Facilities District No. 1033 for a portion of the operation and maintenance costs of the Verdemont Fire Station. Wards 5 & 6 NN. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1035, Zone 1 and Zone 2, Landscaping Maintenance District, Palm Avenue and Meyers Road Area. Ward 5 OO. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1036, Landscaping Maintenance District, Northpark Boulevard and Campus Parkway Area. Ward 5 PP. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1037, Landscaping Maintenance District, Belmont Avenue and Magnolia Avenue Area. Ward 5 QQ. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1038, Landscaping Maintenance District, Orange Show Road and Arrowhead Avenue Area. Ward 3 (Item Continued on Next Page) 12. Continued. RR. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1039, Landscaping Maintenance District, Irvington Avenue and Chestnut Avenue Area. Ward 5 SS. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1040, Landscaping Maintenance District, Acacia Avenue and Hill Drive Area. Ward 4 TT. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1041, Landscaping Maintenance District, Magnolia Avenue and Ohio Avenue Area. Ward 5 UU. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1042, Landscaping Maintenance District, Shandin Hills Drive and Shady Creek Drive Area. Ward 5 VV. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1043, Zone 1 and Zone 2, Landscaping Maintenance District, Palm Avenue and Irvington Avenue Area. Ward 5 WW. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1045, Landscape Maintenance District, located in the Waterman Avenue and Orange Show Road Area. Ward 1 XX. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1046, Landscape Maintenance District, Northpark Boulevard and Northstar Avenue Area. Ward 5 (Item Continued on Next Page) 12. Continued. YY. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1047, Landscape Maintenance District, Located in the Ohio Avenue and Pine Avenue Area. Ward 5 ZZ. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1050, Landscape Maintenance District, Located in the Pepper Avenue and Rialto Avenue Area. Ward 6 AAA. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1052, Landscape Maintenance District, Located in the Belmont Avenue and Chestnut Avenue Area. Ward 5 BBB. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1057, Landscape Maintenance District, Located in the Cajon Boulevard and University Parkway Area. Ward 6 CCC. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1059, Landscape Maintenance District, Located in the Orange Show Road and Tippecanoe Avenue Area. Ward 3 DDD. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1063, Landscape Maintenance District, Located in the Central Avenue and Lena Road Area. Ward 1 EEE. Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1064, Landscape Maintenance District, Located in the Cajon Boulevard and Glen Helen Parkway Area. Ward 6 (Item Continued on Next Page) 12. Continued. FFF. Resolution of the City of San Bernardino authorizing and setting the Special Tax Rate for that certain area generally located North of Highland Avenue, East of Golden Avenue for Paramedic Services, Special Tax Area 2006-1, and approving the Fiscal Year 2010/2011 Tax Roll. Ward 7 MOTION 1: That said resolutions A-FFF be adopted, except for resolutions B, C, and FFF. MOTION 2: That said resolution B be adopted. MOTION 3: That said resolutions C and FFF be adopted. 13. Resolution of the City of San Bernardino authorizing execution of Amendment No. 1 to agreement for services with Hilltop Geotechnical, Inc. for geotechnical investigations and construction material testing. (See Attached) (Cost to the City - $40,000 Various CIP Projects) All Wards MOTION: That said resolution be adopted. 14. Resolution of the City of San Bernardino authorizing execution of Amendment No. 1 to agreement for services with Joseph E. Bonadiman & Associates, Inc. for on-call surveying and map checking support. (See Attached) (Cost to the City - $40,000 Various CIP Projects) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 15. Reject all bids for Parking Lot Accessibility Improvements at the Carousel Mall (SS-B), per Project Plan No. 12699. (See Attached) (No Cost to the City) Ward 1 MOTION: That the matter be continued to July 6, 2010. 16. Reject all bids for Traffic Calming on 4th Street from Flower Street to Tiajuana Street (SS06-03), per Project Plan No. 12677. (See Attached) (No Cost to the City) Ward 1 MOTION: That the Mayor and Council reject all bids. Facilities 17. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of a purchase order to Riverside Construction Company, Inc. for the replacement and upgrade of the cooling tower at the Feldheym Library. (See Attached) (Cost to the City - $49,100 from Account No. 001-325-5507) (Resolution not available at time of printing) Ward 1 MOTION: That the Director of Finance be authorized to amend the FY 2009/2010 budget by transferring $49,100 from Account No. 001-325-5111 to 001-325-5507; and that said resolution be adopted. Information Technology 18. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and the issuance of a purchase order to Environmental Systems Research Institute (ESRI) for a three year ARCGIS Enterprise License Agreement. (See Attached) (Cost to the City - $54,500 in FY 2010/2011; $65,400 in FY 2011/2012; $76,300 in FY 2012/2013) (Resolution not available at time of printing) All Wards MOTION: That said resolution be adopted. 19. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the extension of the current contract with TigerDirect through Fiscal Year 2010/2011, allocating $35,000 for Fiscal Year 2010/2011 and increasing the current Fiscal Year (2009/2010) allocation by $5,000.00. (See Attached) (Cost to the City - $35,000 in FY 2010/2011; $5,000 in FY 2009/2010) (Resolution not available at time of printing) All Wards MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at the Grants Ad Hoc Meeting of May 25, 2010--Committee Members Present: Kelley, McCammack, Desjardins Fire 20. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of an on-line grant application for the 2010 Assistance to Firefighters Grant Program (AFGP) submitted to the Department of Homeland Security in the amount of $351,350. (See Attached) (Cost to the City - $281,080 from Department of Homeland Security-Grant Funding Share; $70,270 from Grant Funds to be determined upon award of grant) (Resolution not available at time of printing) All Wards MOTION: That said resolution be adopted. END OF COMMITTEE CONSENT PUBLIC HEARINGS TO BE HEARD AT 4:30 Development Services 21. Public Hearing – Resolutions authorizing the execution of Sales and Purchase Agreements and Quitclaim Deeds – Sale of portions of City property generally located on the north side of Kendall Drive, east of “H” Street (See Attached) (No Cost to the City) Ward 4 A. Resolution of the City of San Bernardino directing and authorizing the execution of a Sales and Purchase Agreement and the execution of a Quitclaim Deed for the sale of a city owned parcel of real property generally located north of Kendall Drive and East of “H” Street, in the City of San Bernardino, to Geoffrey L. Wood and Tammi R. Wood. B. Resolution of the City of San Bernardino directing and authorizing the execution of a Sales and Purchase Agreement and the execution of a quitclaim deed for the sale of a city owned parcel of real property generally located north of Kendall Drive and east of “H” Street, in the City of San Bernardino, to the Lyndon Allen Farrar Trust, U.A.D. 9-5-91. Mayor to open the hearing. . . MOTION: That the hearing be closed; and that said resolutions A and B be adopted. Public Services 22. Public Hearing – Resolution amending the City of San Bernardino Nondisposal Facility Element (NDFE) to include the Material Recovery Facility (MRF) operated by Inland Empire Environmental (IEE) located at 1150 South Tippecanoe Avenue. (See Attached) (No Cost to the City) All Wards Resolution of the Mayor and Common Council of the City of San Bernardino authorizing amendment to the City Nondisposal Facility Element (NDFE) (Resolution not available at time of printing) Mayor to open the hearing. . . MOTION: That the hearing be closed; and that said resolution be adopted. END OF PUBLIC HEARINGS CONTINUED ITEMS CONTINUED FROM FEBRUARY 16, 2010 Development Services 23. Norton Space and Aeronautics Academy – Reimbursement Agreement for waiver/reimbursement of fees. (Backup distributed on June 2, 2008, Item No. 15; item continued to August 4, 2008, Item No. 38; new Request for Council Action distributed on December 1, 2008, Item No. 21; item continued to March 16, 2009, Item No. 25; item continued to July 6, 2009, Item No. 50; item continued to December 7, 2009, Item No. 28; item continued to February 16, 2010, Item No. 24.) Ward 1 MOTION: That the matter be continued to July 19, 2010. CONTINUED FROM JUNE 7, 2010 Development Services 24. Resolution of the City of San Bernardino authorizing execution of a cooperative agreement with the City of Colton for maintenance of a grade separation on Hunts Lane at the Union Pacific Railroad (SS04-51). (No Cost to the City) (Backup distributed on June 7, 2010, Item No. 10.) Ward 3 MOTION: That said resolution be adopted. CONTINUED FROM JUNE 7, 2010 Development Services 25. Resolution of the City of San Bernardino approving Amendment No. 1 to the Six-Year Capital Improvement Program (2009-2015) for Measure “I” Local Expenditures. (New Staff Report Attached) (No Cost to the City) (Backup distributed on June 7, 2010, Item No. 14.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. LAID OVER FROM JUNE 7, 2010 Development Services 26. An ordinance of the City of San Bernardino adding San Bernardino Municipal Code Section 19.06.026 (Development Code) prohibiting the establishment and operation of medical marijuana dispensaries and other similar uses. FINAL READING (Backup distributed on June 7, 2010, Item No. 25.) All Wards MOTION: That said ordinance be adopted. CONTINUED FROM JUNE 7, 2010 Finance 27. Resolution of the City of San Bernardino authorizing the execution of an agreement with PMR Progressive LLC to provide collection services of delinquent accounts for the City of San Bernardino. (No Cost to the City) (Backup distributed on June 7, 2010, Item No. 15.) (Resolution not available at time of printing.) All Wards MOTION: That the matter be continued to July 6, 2010. CONTINUED FROM JUNE 7, 2010 Human Resources 28. Resolution of the City of San Bernardino authorizing the execution of an agreement with Mercer Health and Benefits LLC to provide broker and administration services for the City’s Healthcare Program. (Cost to the City - $275,000 from Account No. 001-092-5502) (Backup distributed on June 7, 2010, Item No. 18.) (Resolution not available at time of printing.) MOTION: That the matter be continued to July 6, 2010. END OF CONTINUED ITEMS COMMUNITY DEVELOPMENT COMMISSION Construction Contract approved at the Community Development Commission meeting on May 17, 2010 R29. 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 Construction Contract by and between the Agency and Philips Construction, Inc., for the construction of Americans with Disabilities Act (“ADA”) Ramps and Sidewalks Project at various locations citywide (IVDA Redevelopment Project Area). (See Attached) (Resolution not available at time of printing) All Wards MOTION: That said resolution be adopted Recommended for approval at the Redevelopment Committee meeting on May 20, 2010 – Committee Members Present: Johnson, Brinker & Marquez R30. Homebuyer Assistance Program (“HAP”) Quarterly Report – January 1, 2010 through March 31, 2010. (See Attached) All Wards MOTION: That the Community Development Commission of the City of San Bernardino receive and file the Quarterly Report of the Homebuyer Assistance Program activities for the Redevelopment Agency of the City of San Bernardino. R31. U.S. Department of Housing and Urban Development Amending and Refinancing of the 1998-HUD Section 108 Loan (Central City North Redevelopment Project Area) (Document not available at time of printing). Ward 1 (Mayor and Common Council) A. Resolution of the Mayor and Common Council of the City of San Bernardino approving and authorizing certain amendments to the 1998 HUD Section 108 Loan documents and authorizing the execution of the Contract for implementation of the 1998-HUD Section 108 Loan refinancing for Loan Guarantee Assistance under Section 108 of the Housing and Community Development Act of 1974, as Amended, 42, U.S.C. §5308 for Series HUD 2010-A Certificates (CDBG Section 108 Contract No. B-96-MC-06-0539)  (Central City North Redevelopment Project Area). (Resolution not available at time of printing.) (Item Continued on Next Page) R31. Continued. (Community Development Commission) B. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing certain amendments to the 1998 HUD Section 108 Loan documents and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino (“Agency”) to execute the Contract and related documents for implementation of the 1998-HUD Section 108 Loan refinancing for Loan Guarantee Assistance Under Section 108 of the Housing and Community Development Act of 1974, as Amended, 42, U.S.C. §5308 for Series HUD 2010-A Certificates (CDBG Section 108 Contract No. B-96-MC-06-0539)  (Central City North Redevelopment Project Area) (Resolution not available at time of printing.) MOTION: That said resolutions A and B be adopted END OF COMMUNITY DEVELOPMENT COMMISSION City Attorney 32. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between the City of San Bernardino and the law firm of Mundell, Odlum & Haws in the case of San Bernardino City Professional Firefighters, Local 891 v. City of San Bernardino, San Bernardino Fire Department, San Bernardino County Superior Court, Case No. 1007708. (Document and Resolution not available at time of printing.)             MOTION: That said resolution be adopted. 33. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between the City of San Bernardino and the law firm of Mundell, Odlum & Haws in the case of San Bernardino City Professional Firefighters, Local 891 v. City of San Bernardino, San Bernardino Fire Department, San Bernardino County Superior Court, Case No. 1007709. (Document and Resolution not available at time of printing.) MOTION: That said resolution be adopted. 34. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between the City of San Bernardino and the law firm of Lewis, Brisbois, Bisgaard & Smith regarding the claim of Brian Boom. (Document and Resolution not available at time of printing.) MOTION: That said resolution be adopted. 35. 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.) 36. Adjournment. MOTION: That the meeting be adjourned to 5 p.m., Wednesday, June 23, 2010, in the Economic Development Agency Boardroom, 201 North “E” Street, San Bernardino, California, to consider the Fiscal Year 2010/11 City and Economic Development Agency Budgets. NOTE: The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Tuesday, July 6, 2010, in the Council Chambers of City Hall, 300 North “D” Street, San Bernardino, California. NOTICE: Any member of the public may address this meeting of the Mayor and Common Council/Community Development Commission on any item appearing on the agenda by approaching the microphone in the Council Chambers when the item about which the member desires to speak is called and by asking to be recognized. Any member of the public desiring to speak to the Mayor and Common Council/Community Development Commission concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and Common Council/Community Development Commission, may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed forty-five (45) minutes, unless such time limit is extended by the Mayor and Common Council/Community Development Commission. A three minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and Common Council/Community Development Commission. No member of the public shall be permitted to “share” his/her three minutes with any other member of the public. The Mayor and Common Council/Community Development Commission may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and Common Council/Community Development Commission. However, no other action shall be taken nor discussion held by the Mayor and Common Council/Community Development Commission on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code. Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed.