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HomeMy WebLinkAbout11-01-2010 Jt. Regular AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, NOVEMBER 1, 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 City Clerk’s Office (384-5002) two working days prior to the meeting for any requests for reasonable accommodation to include interpreters. (Community Development Commission Items are on pages 14-17) 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): Jaime Alvarez, et al. v. City of San Bernardino, et al. – United States Court of Appeals, Ninth Circuit, Case No. 09-55001; Human Potential Consultants LLC v. City of San Bernardino, et al. – San Bernardino County Superior Court, Case No. CIVDS 917268; Edward King and AJA Jaeger v. City of San Bernardino, Officer Adam Affrunti in his individual capacity; Officer Elizabeth Contreras in her individual capacity; and DOES 1-10, inclusive – United States District Court, Case No. CV09-01339 SJO (PJWx); Gabriel Lopez, a minor through his Guardian Ad Litem Leticia Lopez v. Verizon Wireless, et al. – San Bernardino County Superior Court, Case No. CIVDS 903213; Estate of Terry Nash, by and through successor-in-interest Sheryl Jackson and Terry Nash; Sheryl Jackson; and Terry Nash v. City of San Bernardino; and DOES 1-10, inclusive – United States District Court, Case No. CV09-08671 RGK (FFMx); Teriz Odom v. City of San Bernardino – San Bernardino County Superior Court, Case No. CIVSS 707125; Zakyia Watson, through her Guardian Ad Litem Crystal Christman, Sherman Watson, Individually and as representative of the Estate of Shawn Lamond Watson, Catherine Thompson, Individually and as representative Shawn Lamond Watson v. City of San Bernardino, Officer Jonathan Plummer and DOES 1-25 – San Bernardino County Superior Court, Case No. CIVSS 807970; Eric Daniel Hannifin v. Esli Quinonez Castillo; Jesus Perez; City of San Bernardino, and DOES 1-80 – San Bernardino County Superior Court, Case No. CIVDS 1005742; Donnavan Parker v. City of San Bernardino and DOES 1-15 – San Bernardino County Superior Court, Case No. CIVDS 1013471; Virgil Larone Taylor v. City of San Bernardino; San Bernardino Police Department; Sergeant Brad Lawrence; Officer Gerald Beall; Officer Bennett; Officer White; Officer Everett; Detective Vicki Cervantes; and Forensic Specialist Brenda Shaw – United States District Court, Case No. EDCV 09-01656 CJC (jc); Michael Anthony Rey, by and through his Guardian, Ad Litem, Christy Luna v. City of San Bernardino, Michael Billdt, Sgt. R. Topping, Officer Chris Gray, Officer J. Simpson, Officer C. Dai, and DOES 1-50, inclusive – San Bernardino Superior Court, Case No. CIVDS 1009578; Hector Briones and Roseland Harding v. City of San Bernardino, San Bernardino City Police Department, San Bernardino City Chief of Police Keith L. Kilmer, Adam Affrunti, State of California, California Highway Patrol, DOES 1-10 – United States District Court, Case No. CV 10-7571 CBM (Opx); Cedric May Sr.; Brenda Standifer; S.D.M. and S.J.M., minors, by and through their Guardian Ad Litem Sasha Graves; Maurice Jennings; Anthony Jennings; and Jashanda Standifer v. City of San Bernardino; Officer Joseph Aguilar; Officer Jose Vasquez; Officer Byron Clark; Officer Langston Canright; Officer Melissa Flint; Sergeant James Beach; and DOES 1-10, inclusive – United States District Court, Case No. EDCV 10-00978 VAP (DTBx); Francisco Yovani Sanchez Joaquin, an individual v. City of San Bernardino, a body corporate and politic; Langsdon Canright, an individual M. FLINT, an individual; and DOES 1-10 – United States District Court, Case No. 10-07138 CAS (Rcx); Husam Suleiman, an individual v. City of San Bernardino, a Municipal Entity, DOES 1-100, inclusive – San Bernardino Superior Court, Case No. CIVDS 1014758; San Bernardino Public Employees’ Association, on its own behalf, and on behalf of the General Unit employees of the City of San Bernardino; Robert Michael Yandell, as an individual v. City of San Bernardino; Common Council of the City of San Bernardino; Patrick J. Morris, in his official capacity as Mayor of the City of San Bernardino; Charles McNeely, in his official capacity as City Manager of the City of San Bernardino; and DOES 1-10, inclusive – San Bernardino Superior Court, Case No. CIVDS 1014651; Lee Wayne Jones, Lisa Heallena Jones, Lee Jones, Jr., and Lica Jones v. City of San Bernardino; County of San Bernardino; Officer Beach; Officer King; Officer R. Reid; Officer D. Daves, and DOES 1-25, inclusive -  United States District Court, Case No. EDCV 08-00187 VAP (OPx). 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) 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: Fire Safety Fire Management 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. A. Andrew Machen – Measure Z Citizens Oversight Committee – Council Member Marquez (See Attached) B. Howard Grossman – Measure Z Citizens Oversight Committee – Mayor Morris (Document not available at time of printing.) MOTION: That the appointment of Andrew Machen and Howard Grossman to the Measure Z Citizens Oversight Committee, as requested by Council Member Marquez and Mayor Morris, be approved. 3. Presentations. 4. Announcements by Mayor and Common Council. All Consent Calendar items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council member or other interested persons so request, in which event the item will be removed from the Consent Calendar and considered in its normal sequence on the agenda. Information concerning Consent Calendar items is available for public review. CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 5 through 22 be adopted except for ____, ____, ____, ____, and ____. 5. Waive full reading of resolutions and ordinances. MOTION: That full reading of the resolutions and ordinances on the regular, supplemental and addendum to the supplemental agendas of the Mayor and Common Council and Community Development Commission, be waived. 6. Council Minutes. MOTION: That the minutes of the following meeting(s) of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: October 4, 2010 (Distributed 10/28/10) 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated October 22, 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 October 28, 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 Manager 9. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an amendment to the 2009 Professional Services Agreement with William Holt for hearing officer and/or administrative law officer services. (See Attached) (No Cost to the City) All Wards MOTION: That said resolution be adopted. 10. Resolution of the Mayor and Common Council authorizing the City’s continued participation in the Community Energy Partnership with The Energy Coalition, a California non-profit corporation, Southern California Edison and Southern California Gas Company. (See Attached) (No Cost to the City) All Wards MOTION: That said resolution be adopted. 11. Item deleted. Fire 12. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City of San Bernardino to enter into a Memorandum of Understanding with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to form the San Bernardino ATF Arson Task Force. (See Attached) (No Cost to the City) All Wards MOTION: That said resolution be adopted. Parks, Recreation and Community Services 13. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Director of Finance to issue a change order for Purchase Order No. 303285 from $36,400 to $86,660, for Transtech Engineers Inc. for the design of the Verdemont Community Center per Capital Improvement Program Project PR04-28. (See Attached) (Cost to the City - $50,260 from Verdemont Capital Project Fund) (Resolution not available at time of printing.) Ward 5 MOTION: That said resolution be adopted. 14. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Vendor Service Agreement and issuance of a purchase order in the amount of $83,461.03 between the City of San Bernardino and Williams Scotsman, Inc. for the purchase and installation of modular buildings at Al Guhin Park per Capital Improvement Program Project PR04-28. (See Attached) (Cost to the City - $83,461 from Verdemont Capital Project Fund) (Resolution not available at time of printing.) Ward 5 MOTION: That said resolution be adopted. 15. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Renewal Local Incentive Grant Award Agreement with the Network for Healthy California (Network) in the amount of $310,506 for a three-year period - October 1, 2010 through September 30, 2013. (See Attached) (No Cost to the City - $310,506 in Grant Revenue) All Wards MOTION: That said resolution be adopted. LAID OVER FROM OCTOBER 18, 2010 Police 16. Ordinance of the Mayor and Common Council of the City of San Bernardino providing that the California Vehicle Code be enforced within the San Bernardino International Airport and on properties owned by the Inland Valley Development Agency. FINAL READING (No Cost to the City) (Backup distributed on October 18, 2010, Item No. 27.) Ward 1 MOTION: That the said ordinance be adopted. 17. Resolution of the City of San Bernardino authorizing a contract with PMAM Corporation of Irving, Texas for Police False Alarm Billing Services. (See Attached) (Cost to the City - $40,500 from Support Services Program) All Wards MOTION: That said resolution be adopted. Public Works 18. Resolution of the City of San Bernardino authorizing the execution of two Pipeline Crossing Agreements with the Union Pacific Railroad Company (UPRR) for sewer and storm drain relocation work to be performed by the City, relative to the Hunts Lane Grade Separation Project, south of Redlands Boulevard. (See Attached) (Cost to the City - $30,600 from CIP Projects) (Resolution not available at time of printing.) Ward 3 MOTION: That said resolution be adopted. 19. Resolution of the City of San Bernardino amending Resolution No. 2010-283 authorizing the execution of a Freeway Agreement with the State of California for the State Highway Route 10 and Tippecanoe Avenue Interchange Project. (See Attached) (No Cost to the City) Ward 3 MOTION: That said resolution be adopted. 20. Resolution of the City of San Bernardino approving Jurisdiction Master Agreement No. C10254 with the San Bernardino County Transportation Authority and the City of San Bernardino for partial funding of eligible projects from Measure I 2010-2040 revenues identified in Measure I 2010-2040 Strategic Plan's Valley Major Street Program-Arterial Sub-Program. (See Attached) (Cost to the City – 32.4% of Project Cost from Regional Circulation System Fee Fund) All Wards MOTION: That said resolution be adopted. 21. Resolution of the City of San Bernardino adopting the Five-Year Capital Project Needs Analysis (2011-2016) for Measure I 2010-2040 expenditures. (See Attached) (No Cost to the City) All Wards MOTION: That said resolution be adopted. 22. Authorize the City Engineer to execute Contract Change Order No. Two with Bomel Construction Co., Inc. for Metrolink Parking Structure at the Santa Fe Depot (GB 04-19), per Project Plan Nos. 12591, 12328, 12336, 12337, 12327, 12348. (See Attached) (No Cost to the City) Wards 1 & 3 MOTION: That the City Engineer be authorized to execute Contract Change Order No. Two with Bomel Construction Co., Inc. for the Metrolink Parking Structure at the Santa Fe Depot (GB 04-19), per Project Plan Nos. 12591, 12328, 12336, 12337, 12327, 12348. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at the Grants Ad Hoc Committee meeting on October 12, 2010 – Committee Members Present: Kelley, Desjardins Council Office 23. Presentation by eCivis Grants Network (See Attached) MOTION: That the City Manager be directed to identify funding for a three year agreement with eCivis Grants Network at the price of $20,808 per year and that the agreement be presented at the November 15, 2010 Council meeting. Recommended for approval at the Legislative Review Committee meeting on October 19, 2010 – Committee Members Present: Marquez, Shorett, McCammack Community Development 24. An ordinance of the Mayor and Common Council of the City of San Bernardino, California repealing Chapter 5.68 and adopting a new Chapter 8.14 of the San Bernardino Municipal Code regarding yard sales. FIRST READING (See Attached) (No Cost to the City) (Ordinance not available at time of printing.) All Wards MOTION: That said ordinance be laid over for final adoption. Recommended for approval at the Legislative Review Committee meeting on October 19, 2010 – Committee Members Present: Marquez, Shorett, McCammack Community Development 25. An ordinance of the City of San Bernardino amending Sections 15.04.020, 15.04.065, 15.04.070, 15.04.075, 15.04.100, 15.04.114, 15.04.120, 15.04.125, 15.04.130, 15.04.163, 15.04.165, 15.04.167, 15.04.175, 15.04.179, 15.04.180, 15.04.200, 15.04.210, 15.04.220, 15.04.221, 15.04.230, 15.10.040, 15.10.080, and 12.32.020 and repealing Section, 15.04.110 and 12.32.060 of the San Bernardino Municipal Code and adopting by reference the 2007 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24 (CCR, T-24), incorporating the International Building Code, 2006 Edition, the Uniform Mechanical Code, 2006 Edition, the Uniform Plumbing Code, 2006 Edition, the National Electrical Code, 2005 Edition; and adopting the Uniform Housing Code, 1997 Edition, the Uniform Administrative Code, 1997 Edition, the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, and amending those California Building Standards as identified herein, through express findings of local necessity. FIRST READING (See Attached) (No Cost to the City) All Wards MOTION: That said ordinance be laid over for final adoption. Recommended for approval at the Legislative Review Committee meeting on October 19, 2010 – Committee Members Present: Marquez, Shorett, McCammack Fire 26. Ordinance of the City of San Bernardino amending Chapter 15.16 of the San Bernardino Municipal Code and adopting the 2010 California Fire Code, with appendices, and incorporating by reference the 2009 Edition of the International Fire Code and necessary California Amendments, together with California Code of Regulations, Title 24. FIRST READING (See Attached) (No Cost to the City) (Ordinance not available at time of printing.) All Wards MOTION: That said ordinance be laid over for final adoption. END OF COMMITTEE CONSENT PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M. CONTINUED FROM OCTOBER 4, 2010 Community Development 27. Public Hearing - An ordinance establishing the Emergency Shelter Overlay District and designating applicable areas (Development Code Amendment No. 10-06) (No Cost to the City) (Backup materials distributed on September 20, 2010, Item No. 28; continued to October 4, 2010, Item No. 24.) Wards 1, 2, 3, 6 & 7 An ordinance of the City of San Bernardino amending San Bernardino Municipal Code (Development Code) Sections 19.02.050, 19.06.020, Table 06.01, 19.08.020, Table 08.01 and adding Chapter 19.10-E to establish the Emergency Shelter Overlay District and designate applicable areas. FIRST READING The hearing remains open… MOTION: That the matter be continued to November 15, 2010. END OF PUBLIC HEARINGS CONTINUED ITEMS CONTINUED FROM OCTOBER 18, 2010 Parks, Recreation and Community Services 28. Resolution of the Mayor and Common Council of the City of San Bernardino canceling the monthly Services Agreement approved July 19, 2010 and authorizing the City Manager to approve an annual Services Agreement between the City of San Bernardino and the Boys & Girls Club of San Bernardino, Inc. to provide Community Services at the Delmann Heights Community Center. (See New Exhibit A Attached) (Cost to the City - $85,860/yr from Recreation/Community Programs – Professional/Contractual Services) (Backup distributed on October 18, 2010, Item No. 13.) Ward 6 MOTION: That said resolution be adopted. CONTINUED FROM OCTOBER 18, 2010 Public Works 29. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute an agreement with University Park, LLC, a California limited liability company, for Campus Parkway Fencing and PCC Pavement Installation (SS08-01). (Cost to the City - $160,000 from Campus Parkway Fencing & PCC Paving Account) (Backup distributed on October 18, 2010, Item No. 15.) (Resolution not available at time of printing.) Ward 5 MOTION: That the matter be tabled. CONTINUED FROM OCTOBER 18, 2010 30. Resolution of the Mayor and Common Council of City of San Bernardino authorizing the City Manager to execute an Agreement for Professional Transportation Modeling Services with Srinivasa S. Bhat. (No Cost to City -$50,000 to be reimbursed by Agencies and Developers) (Backup distributed on October 18, 2010, Item No. 25.) (Resolution not available at time of printing.) All Wards MOTION: That the matter be continued to November 15, 2010. END OF CONTINUED ITEMS 31. Item deleted. PLANNING ITEMS TO BE HEARD AT 4:30 P.M. Community Development 32. Public Hearing – An ordinance to amend Chapter 19.06 of the Development Code (DCA No. 10-07), to permit drive-thru restaurants in a specified area of the CR-2, Commercial Regional-Downtown land use district and Conditional Use Permit (CUP) No. 10-15, a request to construct a 3,714 sq. ft. drive-thru restaurant at the southeast corner of 5th and “H” Streets, with Minor Exception (ME) No. 10-02 to permit a 10% height increase for a pylon sign. (See Attached) (No Cost to the City) Ward 1 An ordinance of the City of San Bernardino amending Municipal Code Section 19.06.020 (Development Code) Table 06.01 and Section 19.06.030(2)(H) to permit drive-thru restaurants in a specified area of the CR-2, Commercial Regional Downtown Land Use District, subject to approval of a conditional use permit. FIRST READING (Item Continued on Next Page) 32. Continued. Applicant: In-N-Out Burger 13706 Hamburger Lane Baldwin Park, CA 91706 Owner: City of San Bernardino Economic Development Agency 201 North E Street San Bernardino, CA 92418 Mayor to open the hearing… MOTION: That the hearing be closed; that said ordinance be laid over for final adoption; and that CUP No. 10-15 and ME No. 10-02 be approved based on the findings of fact and subject to the conditions of approval and standard requirements in the Planning Commission Staff Report. END OF PLANNING ITEMS COMMUNITY DEVELOPMENT COMMISSION TO BE HEARD AT 4:30 P.M. CONTINUED FROM OCTOBER 4, 2010 R33. Joint Public Hearing – Merged Area A – 2010 Merged, Amended and Restated Redevelopment Plan and Program EIR (Central City North, Southeast Industrial Park, Tri-City, South Valle, Meadowbrook/Central City, Central City South and Central City East Redevelopment Project Areas) (No backup distributed on October 4, 2010, Item No. R30.) (Staff Report not available at time of printing.) Wards 1 & 3 (Community Development Commission) A. Resolution of the Community Development Commission of the City of San Bernardino certifying the final Program Environmental Impact Report for the 2010 Merged, Amended and Restated Redevelopment Plan for the proposed merger of the Central City North, Southeast Industrial Park, Tri-City, South Valle, Meadowbrook/Central City, Central City South and Central City East Redevelopment Project Areas; making findings pursuant to the California Environmental Quality Act, adopting a Mitigation Monitoring Program; and adopting a Statement of Overriding Considerations. (Resolution not available at time of printing.) (Item Continued on Next Page) R33. Continued. B. Resolution of the Community Development Commission of the City of San Bernardino ratifying the previously approved 2010 Merged, Amended and Restated Redevelopment Plan for the merger of the Central City North, Southeast Industrial Park, Tri-City, South Valle, Meadowbrook/Central City, Central City South and Central City East Redevelopment Project Areas and recommending adoption of same to the Mayor and Common Council of the City of San Bernardino. (Resolution not available at time of printing.) (Mayor and Common Council) C. Resolution of the Mayor and Common Council of the City of San Bernardino certifying the completion of the final Program Environmental Impact Report for the 2010 Merged, Amended and Restated Redevelopment Plan for the merger of the Central City North, Southeast Industrial Park, Tri-City, South Valle, Meadowbrook/Central City, Central City South and Central City East Redevelopment Project Areas; making written findings pursuant to the California Environmental Quality Act; adopting a Statement of Overriding Considerations; and adopting a Mitigation Monitoring Program. (Resolution not available at time of printing.) D. Ordinance of the City of San Bernardino approving and adopting the 2010 Merged, Amended and Restated Redevelopment Plan for the merger of the Central City North, Southeast Industrial Park, Tri-City, South Valle, Meadowbrook/Central City, Central City South and Central City East Redevelopment Project Areas. FIRST READING (Ordinance not available at time of printing.) MOTION: That the matter be continued to December 6, 2010. Recommended for approval at the Redevelopment Committee meeting on September 9, 2010 – Committee Members Present: Johnson, Brinker, Marquez R34. Rosenow Spevacek Group, Inc – Amendment No. 1 to the Agreement for Professional Services (Merged Area B Merger and Amendment Project) (See Attached) Wards 1, 2, 3, 4, 5, & 6 (Item Continued on Next Page) R34. Continued. (Community Development Commission) Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino (“Agency”) to execute Amendment No. 1 to the Agreement for Professional Services by and between the Agency and Rosenow Spevacek Group, Incorporated. MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee meeting on September 9, 2010 – Committee Members Present: Johnson, Brinker, Marquez R35. San Bernardino Redevelopment Project Area Merged Area B Merger and Amendment – Added Areas (See Attached) Wards 1, 2, 3, 4, 5, & 6 (Community Development Commission) A. Resolution of the Community Development Commission of the City of San Bernardino approving the proposed annexed areas to the Merged Area B Merger and the Amended Redevelopment Project Area subject to further compliance with the California Redevelopment Law. (Mayor and Common Council) B. Resolution of the Mayor and Common Council of the City of San Bernardino approving the proposed annexed areas to the Merged Area B Merger and Amended Redevelopment Project Area subject to further compliance with the California Redevelopment Law. (Resolution not available at time of printing.) MOTION: That said resolutions A and B, be adopted. Recommended for approval at the Redevelopment Committee meeting on October 7, 2010 – Committee Members Present: Johnson, Marquez, Brinker R36. Mary Erickson Community Housing – Additional allocation of Agency’s Low and Moderate Income Housing Set-Aside Funds to continue acquisition and rehabilitation efforts under the City’s Neighborhood Stabilization Program and amend the necessary contract. (See Attached) Ward 7 (Item Continued on Next Page) R36. Continued. (Community Development Commission) Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the allocation of $1,600,000 of Low and Moderate Income Housing Set-Aside funds to Mary Erickson Community Housing, Inc. (“MECH”) and approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino (“Agency”) to execute Amendment No. 2 to the 2009 Neighborhood Stabilization Program Master Agreement by and between the Agency and MECH. MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee meeting on October 7, 2010 – Committee Members Present: Johnson, Marquez, Brinker R37. Northbrook Apartments, LP (Alliance Property Group and Wasatch) – Residual Receipts Loan Agreement for the redevelopment of 190 units of affordable family housing (See Attached) Ward 7 (Community Development Commission Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino (“Agency”) to execute an Acquisition and Development Loan Agreement by and between the Agency and Northbrook Apartments, L.P. (Affordable Family Rental Housing Development). MOTION: That said resolution be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION 38. 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.) 39. 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, November 15, 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.