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HomeMy WebLinkAbout11-05-2001 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING NOVEMBER 5, 2001 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor/Chairman Valles at 8:11 a.m., Monday, November 5, 2001, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Roll call was taken by City Clerk Clark with the following being present: Mayor/Chairman Valles; Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - eXlstmg litigation - pursuant to Government Code Section 54956.9(a): Jonathan Smith v. Citv of San Bernardino. et al. - United States District Court Case No. CV 98-1990 GAF (CTx). 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. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. D. Closed Session - personnel - pursuant to Government Code Section 54957. Appointment Police Chief 1 11/5/2001 E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. 1. Propertv Address: Nee:otiatine: Parties: HUB Properties Gary Van Osdel for the Redevelopment Agency and Cecilia Moreno Cecilia Moreno Cecilia Moreno Janice S. Casey Gina Ramirez Gerry C. Politano & Lea G. Politano Cruz Avila & Leonor Avila Ronnie E. Searcy & Susan Ann Searcy Jose T. Castaneda & Brenda Castaneda Anthony Grgec & Gloria E. Grgec Anthony Grgec & Gloria E. Grgec Angelina Rodriguez Coeur AHa J.Moffitt Charles L. Brown Elisa L. Gurrola & Evangelina L. Montez Juan P. Trujillo & Consuelo Y. Trujillo Chia-Ping Hwang & Mei Fan Hwang Enrique Villapando & Mary Villapando West End Investments Kreten Jakobsen & Rebecca G. Jakobsen Kreten Jakobsen & Rebecca G. Jakobsen Neil Calvin Hansen, Jr. & Sandra Kay Hansen Ronald Norris & Phyllis Norris David V. Kon, Trustee David V. Kon, Trustee Juan P. Trujillo & Consuelo Y. Trujillo Roberto O. Betancourt & Rita M. Betancourt Pedrito B. Tongpo & Perida I. Tongpo 0281-081-01 0281-081-02 0281-081-03 0281-081-04 0281-081-05 0281-082-05 0281-082-06 0281-082-07 0281-082-08 0281-082-09 0281-082-10 0281-082-11 0281-082-]2 0281-082-13 0281-082-14 0281-082-15 0281-082-16 0281-082-17 0281-082-26 0281-082-27 0281-082-28 0281-082-29 0281-082-30 0281-082-32 0281-082-33 0281-082- 34 0281-082-35 0281-082-36 2 11/5/2001 0281-082-37 0281-082-38 0281-082-39 0281-082-40 0281-082-41 0281-082-55 0281-082-57 0281-083-01 0281-083-02 0281-083-04 0281-083-05 0281-083-06 0281-083-07 0281-083-08 0281-083-09 0281-083-10 028]-083-11 0281-083-12 0281-083-13 0281-083-14 028]-083-15 0281-083-16 0281-083-17 028]-083-18 0281-083-20 0281-091-39 Under Negotiation: Pedrito B. Tongpo & Perida I. Tongpo Henry W. Shelton & Betty J. Shelton George R. Hallock & Janet Knickerbocker Altegra Credit Co Blue Diamond Unlimited, Inc Henry W. Shelton & Betty J. Shelton Vibhakerbhai B. Patel & Vimalaben Patel Alfred Anthony Simental L.L.C., A CA Limited Liability Co. Jaks, L.L.C., A CA Limited Liability Co. Henry W. Shelton & Betty J. Shelton Henry W. Shelton & Betty J. Shelton Leo Rittenhouse Harold P. Luke & Chintana V. Luke J. C. Hancock & Lorean Hancock Henry W. Shelton & Betty J. Shelton Victor M. Castillo Fern I. Kopitzke, Trustee Jaks, L.L.C., A CA Limited Liability Co. Jaks, L.L.C., A CA Limited Liability Co. Jaks, L.L.C., A CA Limited Liability Co. Jaks, L.L.c., A CA Limited Liability Co. Jaks, L.L.C., A CA Limited Liability Co. Jaks, L.L.C., A CA Limited Liability Co. Jaks, L.L.C., A CA Limited Liability Co. Jaks, L.L.c., A CA Limited Liability Co. Purchase terms & conditions City Attorney Penman announced that the following additional case would be discussed in closed session: Stubblefield Construction Comoanv. et al. v. Citv of San Bernardino. et al. - San Bernardino Superior Court Case No. SCV 252058. Mayor/Chairman Valles announced that during closed session the Council had discussed the appointment of Garrett Zimmon as Chief of Police for a three-year term beginning January 15, 2002, and terminating on January 14, 2005, with compensation provided in accordance with Charter Section 186, which is currently $142,224/annually. 3 11/5/2001 Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Suarez, that the appointment of Garrett Zimmon as Chief of Police, effective January 15, 2002, be approved; and that the Mayor be authorized to sign the employment agreement. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Lien. Reading of Resolutions & Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Invocation/Pledge of Allegiance The invocation was given by Father Patricio Guillen of Libreria del Pueblo, followed by the pledge of allegiance, led by Cassandra Boykins, a fifth grade student from Bradley Elementary School. 2. Appointment - Bobbie J. Johnson - Board of Fire Commissioners - Council Member McGinnis Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McCammack, that the appointment of Bobbie Johnson to the Board of Fire Commissioners, as requested by Council Member McGinnis, be approved. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Lien. 3. Proclamations & Presentations A proclamation designating San Bernardino as a Bilingual City was accepted by Dr. Francisca Sanchez of the California Association of Bilingual Education. A proclamation declaring November 11-12, 2001 as a weekend of Unity, Hope and Healing was accepted by Lemuel Randolph, Director of Parks, Recreation and Community Services. A proclamation declaring the week of November 11-17, 2001 as American Education Week was accepted by Barbara Kidd, Director of Communications and Community Relations for the San Bernardino Unified School District. 4 11/5/2001 Council Member Suarez presented Mayor Valles with a personal letter of greeting from the Mayor of Spanish Fork City, Utah, which was delivered by modern day pioneers who recently made the trek from Utah to San Bernardino via wagon train to commemorate the first American colonization of California and the County of San Bernardino. In addition, June Durr and Donna Cooley of the Mayor's Office and Steven Shaw, President of the San Bernardino Historical and Pioneer Society, presented the mayor with the City's commemorative poster, Celebrating Our Heritage, which depicts photos of historical landmarks over the past 100 years. Mayor Valles presented a certificate of commendation to Jack Brown, President and CEO of Stater Bros. markets, on the occasion of their 65'h anniversary and in acknowledgement of their leadership role and continued support in the community. Mayor Valles accepted a check in the amount of $878,950 from Phil Legrande, Account Manager, and Ray Gonzalez, Regional Manager, Southern California Edison, which represented the actual reimbursement to the City for the Light Emitting Diode (LED) Traffic Signal Rebate Program that the City recently participated in. 4. Announcements Mayor Valles requested a moment of silence in memory of Mrs. Westbrook, mother of former Council Member Ann Botts, and extended her condolences to the family. Announcements were made by Mayor Valles, members of the Common Council, and elected officials regarding various civic and community events and activities. The mayor also provided an update on the City's public works projects. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council/Community Development Commission, be waived. The motion carried by the following vote: Ayes: Council Members/Commissioners Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Estrada. 5 11/5/2001 6. Council Minutes Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that the minutes of the following meeting of the Mayor and Common Council/Community Development Commission of the City of San Bernardino, be approved as submitted in typewritten form: June 25, 2001; July 9, 2001; July 23, 2001. The motion carried by the following vote: Ayes: Council Members/Commissioners Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Estrada. 7. Claims & Payroll Council Member/Commissioner Anderson made a motion, seconded by Council Member Commissioner Suarez, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated October 24, 2001 from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Ayes: Council Members/Commissioners Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Estrada. 8. Personnel Actions Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that the personnel actions as submitted by the Chief Examiner dated October 30,2001, 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. The motion carried by the following vote: Ayes: Council Members/Commissioners Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Estrada. 9. Establishment - Non-profit Foundation - "Friends of the Depot" - in support of the Santa Fe Depot Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that the establishment of a non-profit foundation, "Friends of the Depot," be authorized in support of the Santa Fe Depot. 6 11/5/2001 The motion carried by the following vote: Ayes: Council Members/Commissioners Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Estrada. 10. Authorize submittal of grant application - Caltrans Community-based Transportation Planning Funds - Development of a Santa Fe Depot Area Plan Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that the Mayor and Common Council authorize the submittal of the application for Caltrans Community-based Transportation Planning funds in the amount of $280,000; and that the Mayor and Common Council commit to allocating the required local matching funds of $56,000 (if the project is selected for funding.) The motion carried by the following vote: Ayes: Council Members/Commissioners Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Estrada. 11. ORD. MC-1107 - An Ordinance of the City of San Bernardino amending Section 10.16.120 of the San Bernardino Municipal Code relating to parking of motor trucks in a residential district. FINAL READING Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that said ordinance be adopted. Ordinance No. MC-ll07 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None 12. RES. 2001-330 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Mundell, Odium, & Haws and the City of San Bernardino to represent the City in the case of Lavon Dwyer, et al. v. City of San Bernardino, et al. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2001-330 was adopted by the following vote: Ayes: Council Members/Commissioners Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Estrada. 7 11/5/2001 13. RES. 2001-331 - Resolution authorizing the City Administrator or his designee to execute all Program Supplements to the Master Agreement for Federal-Aid Projects No. 97-114. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2001-331 was adopted by the following vote: Ayes: Council Members/Commissioners Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Estrada. 14. RES. 2001-342 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Purchasing Manager to increase existing purchase orders with Berryman & Henigar, Esgil Corporation and Willdan for professional plan check services. 15. RES. 2001-343 - Resolution of the City of San Bernardino approving professional services agreements with Willdan and Engineering Resources of Southern California, Inc. for engineering plan checking services and development review. An interoffice memorandum dated November 5, 2001, from James Funk, Director of Development Services to Fred Wilson, City Administrator, regarding Council questions regarding Agenda Items No. 14 and No. 15, was submitted into the record. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that said resolutions be adopted. Resolution Nos. 2001-342 and 2001-343 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 16. RES. 2001-336 - Resolution of the City of San Bernardino authorizing the execution of Amendment No. 1 to the Professional Engineering Services Agreement with Parsons Brinckerhoff Quade & Douglas, Inc. for the design of the Mount Vernon A venue viaduct over the BNSF Railroad. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. 2001-336 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 8 11/5/2001 17. RES. 2001-332 - Resolution of the City of San Bernardino establishing and setting fair market value and sales price of $1,000.00 and declaring the intention of the City to sell property generally located at the northwest corner of Washington Street and Waterman Avenue in the City of San Bernardino, and setting a public hearing to consider said sale. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that the Director of Development Services be authorized to proceed with the sale of City property, being a portion of the vacated portion of the northwest corner of Washington Street and Waterman Avenue; and that said resolution be adopted. The motion carried, and Resolution No. 2001-332 was adopted by the following vote: Ayes: Council Members/Commissioners Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Estrada. 18. RES. 2001-337 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to All American Asphalt for pavement rehabilitation on Mt. Vernon Ave from 9th Street to Base Line Street per Plan No. 10243. Council Member/Commissioner Schnetz made a motion, seconded by Council Member/Commissioner Lien, that said resolution be adopted. Resolution No. 2001-337 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 19. RES. 2001-338 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to D & L Paving for pavement rehabilitation on Pepper A venue between Birch Street and Rialto Avenue per Plan No. 10263. Council Member/Commissioner Schnetz made a motion, seconded by Council Member/Commissioner Lien, that said resolution be adopted. Resolution No. 2001-338 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 9 11/5/2001 20. RES. 2001-344 - Resolution of the City of San Bernardino acknowledging that San Bernardino International Trade Center Specific Plan Mitigation Measure Nos. 7-1 and 10-1 have been satisfied by the Inland Valley Development Agency with respect to the development project proposed by Kohl's Inc., affecting a portion of "Parcel 1-3" at the former Norton Air Force Base. Council Member/Commissioner Lien expressed concern regarding the first four words of the sentence on page 2, line 6 of the resolution which states, "It is anticipated that each new project will be responsible for improving the roads that are contiguous to the project site to the level of improvement identified in the Specific Plan." She felt that those four words implied discretion as to whether each project would have to assume those costs, and that there should be a clear policy stating that projects are going to have to pay for those improvements at the base. Council Member/Commissioner Schnetz suggested that staff maintain a log showing the total credits the IVDA/ Airport Authority started out with, and then deduct the mitigation fees paid by each project so that a running account of the balance of the IVDA/ Airport Authority credits is always available. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McCammack that said resolution be adopted. (There was no vote taken.) Council Member/Commissioner Lien made a substitute motion that said resolution be adopted with deletion of the words "It is anticipated that" from page 2, line 6 of the resolution. (The motion failed for lack of a second.) A memorandum dated November 5,2001, from Ray Casey, City Engineer, and Valerie Ross, City Planner, to the Mayor and Common Council regarding Agenda Item No. 20 - IVDA Resolution, was submitted into the record in response to Ms. Lien's concerns. Special Counsel Sabo, representing the IVDA, noted that the wording on page 2, line 6 was a direct quote from the Specific Plan. He also provided clarification as to intent of various wording in the resolution and advised of corrections being made to the resolution. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Lien, that said resolution be adopted. 10 11/5/2001 Resolution No. 2001-344 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 21. RES. 2001-333 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of Change Order No. One to the contract with R. Moody Construction, Inc. for the addition of two large catch basins at the animal shelter in the amount of $1,800.00. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2001-333 was adopted by the following vote: Ayes: Council Members/Commissioners Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Estrada. 22. RES. 2001-339 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of Change Order No. One to the contract with R. Moody Construction. Inc. for the addition of two 3.5- ton HV AC units and other minor contract changes at the City Yard in the amount of $7,930.00 Discussion ensued regarding whether the air conditioning units would be purchased from a local vendor, the issue of local bid preference, and the gap that exists between City government and the local business community. Council Member/Commissioner Anderson asked that the whole bid process, including the use of subcontractors and the City's policy on local bid preference, be revisited and referred again to the Legislative Review Committee (LRC). Council discussed at length the matter of local bid preference and the City's current policy regarding same. It was suggested that a report summarizing what the current procedure is versus what has been done in the past be prepared prior to referral to the LRC. A training program for local vendors was also suggested. Barbara Pachon, Director of Finance, provided an overview of the actions taken by the Finance Department to educate and work with local vendors. She pointed out, however, that Public Works projects are handled separately and would need to be coordinated through the Development Services Department. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Schnetz, that said reslllution be adopted. 11 11/5/2001 Resolution No. 2001-339 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson. Nays: Council Member/Commissioner McCammack. Absent: None. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McCammack, that the City's bid procedure and local vendor preference policy be referred to the Ways and Means Committee, and that local businesses/vendors be included in the discussions so they can provide input to the City on how to better utilize local vendors. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 23. RES. 2001-334 - Resolution of the City of San Bernardino approving the Escrow Amendment to the Master Lease Agreement (Resolution 98-178) with First Municipal Leasing Corporation for the furnishing of lease purchase financing. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2001-334 was adopted by the following vote: Ayes: Council Members/Commissioners Lien, McGinnis, Schuetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Estrada. 24. Approve Continuing Appropriations & Encumbrance Carryovers - Fiscal Year 2000-2001 to Fiscal Year 2001-2002 Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that the Mayor and Common Council approve the listing of FY 2000-2001 Continuing Appropriations and Encumbrance Carryovers attached to the staff report from Barbara Pachon dated October 31, 2001. The motion carried by the following vote: Ayes: Council Members/Commissioners Lien, McGinnis, Schuetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Estrada. 12 11/5/2001 25. RES. 2001-335 - Resolution of the City of San Bernardino authorizing the obligation and expenditure of the allocated Citizens Option for Public Safety (COPS Option) monies for FY 01102 to supplement front-line law enforcement support services. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2001-335 was adopted by the following vote: Ayes: Council Members/Commissioners Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Estrada. 26. RES. 2001-340 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order to Crest Chevrolet for one (1) 2002 4-wheel drive utility vehicle to be utilized by the Fire Department. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2001-340 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 27. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order to Rotolo Chevrolet for one (1) 2002 one-ton truck with service body to be utilized by the Fire Department. Council Member/Commissioner McCammack stated that she did not believe that both vendors had been bidding "apples to apples." She requested that the matter be continued to the next meeting, and recommended that staff evaluate the bid responses prior to that time. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Lien, that the matter be continued to the Council/Commission meeting of November 19, 2001. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Schnetz. 13 11/5/2001 28. Receive & File - FY 00-01 Preliminary Year-end Report & FY 01-02 First Quarter Report - Amend FY 01-02 Budget Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that the Mayor and Common Council receive and file the FY 00-01 Preliminary Year-end Report and the FY 01-02 First Quarter Report; and that the Director of Finance be authorized to amend the FY 01-02 budget and appropriate $2,195,900 from the unanticipated additional General Fund balance as follows: $668,500 to replenish the General Fund Budget Reserve; $306,000 to transfer to the Cemetery Fund; $436,000 to transfer to the Baseball Fund; and $785.400 to transfer to the Worker's Compensation Fund. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 29. Authorization to join Amicus Curiae Brief - Support the City of Lafayette - Case of Loewenstein v. City of Lafayette Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson. that the Mayor and Common Council authorize the City Attorney to join in the amicus curiae brief in support of the City of Lafayette in the case of Loewenstein v. City of Lafayette. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Schnetz. 30. An Ordinance of the City of San Bernardino adding Section 15.04.230 to the San Bernardino Municipal Code amending Section 305-3(b) of the National Electrical Code, 1996 Edition, relating to time constraints on temporary electrical power and lighting installations for decorative lighting and similar purposes. FIRST READING Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that said ordinance be laid over for final adoption; and that said ordinance also be referred to the Legislative Review Committee. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Schuetz. 14 11/5/2001 31. League of California Cities Legislative Task Force Update (No backup material submitted.) Council Member/Commissioner Lien advised that the state budget does not look good and the threat to the motor vehicle in-lieu fund, which represents almost $10 million of the City's $85 million General Fund, is very real. Not yet decided is whether the fiscal reform measure will be on the November 2002 ballot--a measure that would give the voters the right to say that the state must provide the funds to pay for state-mandated programs at the local level. The cost to place this measure on the ballot is approximately $8-10 million. 32. Joint Mayor & Common Council & Planning Commission Luncheon Workshop - Presentation of Economic Analysis Report related to the General Plan Update - David Wilcox of Economics Research Associates (ERA) - EDA Boardroom Mr. Wilcox distributed a document titled, Economic Analysis for an Update of the Land Use Element of the General Plan. He provided an overview of the highlights and pertinent facts contained in the report and answered questions regarding same. James Funk, Director of Development Services, distributed a condensed summary of the Economic Analysis for an Update of the Land Use Element of the General Plan. Recess Meeting At 1:24 p.m., Mayor/Chairman Valles recessed the meeting to 2 p.m. in the Council Chambers of City Hall. Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority - Joint Regular Meeting At 2:08 p.m., Mayor/Chairman Valles called to order the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council. Roll Call Roll call was taken by City Clerk Clark with the following being present: Mayor/Chairman Valles; Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, McCammack; City Attorney Penman, City Clerk Clark, Economic Development Agency Executive Director Van Osdel. Absent: Council Member/Commissioner Anderson. 15 11/5/2001 Council Member/Commissioner Anderson Returned At 2:11 p.m., Council Member/Commissioner Anderson returned to the CouncillCommission meeting. R33. RES. CDC/2001-47 Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director to execute Amendment No. 1 to the agreement between the Redevelopment Agency and Oldtimers Foundation, Inc., in the amount of $40,000, to continue the Elderly/Special Needs Minor Home Repair Grant Program. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. CDC/2001-47 was adopted by the following vote: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Anderson, McCammack. Nays: None. Absent: None. Ayes: Suarez, R34. Approve - Staff Recommendations - Prioritization on the Use of Bond Proceeds Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Estrada, that the Community Development Commission approve staff recommendations for the prioritization of the use of bond proceeds for the proposed Forward Current! Advance Refunding of the 1995 Series A Tax Allocation Bonds and the proposed bond financing for the Mount Vernon Redevelopment Project. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. R35. Request to schedule Joint Public Hearing - Amendment of the Redevelopment Plan for the Meadowbrook/Central City Redevelopment Project (Continued from October 15, 2001) RES. CDC/2001-48 Resolution of the Community Development Commission of the City of San Bernardino making certain findings regarding a proposed amendment of the Redevelopment Plan for the Meadowbrook/Central City Redevelopment Project and setting the date of a joint public hearing with the Mayor and Common Council of the City of San Bernardino to consider an amendment to the Redevelopment Plan to restore eminent domain powers to acquire non-residentially occupied property. (R35A) 16 11/5/2001 RES. 2001-341 - Resolution of the Mayor and Common Council of the City of San Bernardino making certain findings regarding a proposed amendment of the Redevelopment Plan for the Meadowbrook/Central City Redevelopment Project and setting the date of a joint public hearing with the Community Development Commission of the City of San Bernardino to consider an amendment to the Redevelopment Plan to restore eminent domain powers to acquire non-residentially occupied property. (R35B) Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Suarez, that said resolutions be adopted. Community Development Commission Resolution No. CDC12001-48 and Mayor and Common Council Resolution No. 2001-341 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. R36. Tippecanoe Retail Project - Inland Valley Development Agency Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Estrada, that the COInrnunity Development Commission authorize the Executive Director to execute the Redevelopment Condemnation Memorandum dated November 5, 2001, by and between the Inland Valley Development Agency and the Redevelopment Agency of the City of San Bernardino together with such non-substantive changes as are approved by Agency Special Counsel. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 37. Public Comments Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, distributed information titled, A Cold War Legacy, and spoke regarding the nuclear weapons built during the cold war and the disposal of nuclear waste by the federal government at the former Norton Air Force Base. Bob Neves, 2348 Sterling, Suite 439, San Bernardino, CA, urged people to exercise their right to vote in the upcoming election and expressed his thanks to the many people who help and protect all citizens every day--especially the military who are serving our country . Elvira Gallardo, 1350 N. Holly, Colton. CA, expressed many negative thoughts and comments regarding various matters. 17 11/5/2001 James Penman, City Attorney, invited everyone to an election night party to be held at the American Legion Post 777, 40th and Sepulveda Streets, San Bernardino, California. 38. Adjournment The meeting adjourned at 3:09 p.m. The next joint regular meeting of the Mayor and Common Council and Community Development Commission is scheduled for 8 a.m., Monday, November 19, 2001, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK, CMC City Clerk By jj~ c. JJa:ifJ Linda E. Hartzel Deputy City Clerk No. of Items: 38 No. of Hours: 5.5 hours 18 11/5/2001