HomeMy WebLinkAbout01-21-2014 Jt. Reg Mtg Minutes * A` ' City of San Bernardino Mayor Patrick J. Morris
�� Council Members
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300 North D Street
San Bernardino, CA 92418 Virginia Marquez
Robert D. Jenkins
http://www.sbcity.org John Valdivia
Fred Shorett
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Rikke Johnson
James L. Mulvihill
MINUTES
JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING
AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING
AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY
AND
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING
AS THE HOUSING AUTHORITY
TUESDAY, JANUARY 21, 2014
COUNCIL CHAMBER
The Joint Regular Meeting of the Mayor and Common Council of the City of San Bernardino
was called to order by Mayor Patrick J. Morris at 2:08 p.m., Tuesday, January 21, 2014, in the
Council Chamber, 300 North "D" Street, San Bernardino, California.
Roll Call
Attendee Name Title Status Arrived
rt_
Virginia Marquez _ Council Member, Ward 1 Present 2:00 p.m.
Robert D. Jenkins Council Member, Ward 2 Present 2:00 p.m.
John Valdivia Council Member, Ward 3 Present 4:00 p.m.
Fred Shorett Council Member, Ward 4 ®�Present 2:00 p m
---------- Council Member, Ward 5 Vacant ----------
_.._.._v .._.___.� _. .,.�.
Rikke Johnson W 1 Council Member, Ward 6 Present 2:00 P.M.
James Mulvihill Council Member, Ward 7 Present 2:00 p.m.
Patrick J. Morris Mayor Present 2:00 p.m.
Georgeann "Gigi" Hanna City Clerk Present 2:00 p.m.
0 __+-
Allen Parker City Manager Present ` 2:00 p.m.
Gary D. Saenz City Attorney Present 2:00 P.M.
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1. Closed Session - Pursuant to Government Code Sections(s):
A. Conference with legal counsel - existing litigation-pursuant to Government Code
Section 54956.9(a):
In re: City of San Bernardino, U.S. Bankruptcy Court, Case No. 6:12-bk-28006
MJ;
Allison Mechanical v. San Bernardino Economic Development Corporation - San
Bernardino County Superior Court, Case No. CIVDS1211891;
Aspen Builders, Inc. v. Regal Cinemas, Inc.; San Bernardino Economic
Development Corporation - San Bernardino County Superior Court, Case No.
CIVDS1210338;
Los Angeles Engineering, Inc. v. San Bernardino Economic Development
Corporation -San Bernardino County Superior Court, Case No. CIVDS1210197;
Braughton Construction, Inc. v. San Bernardino Stampede, Inc.; San Bernardino
Economic Development Corporation - San Bernardino County Superior Court,
Case No. CIVDS1210289.
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:
City of San Bernardino v. Department of Finance;
City of San Bernardino v. State Controller's Office
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.
G. Conference with real property negotiator - pursuant to Government Code Section
54956.8.
Senior Assistant City Attorney Grider announced that the following additional item
0 would be discussed in closed session under Agenda Item No. 1E: Council Security.
Senior Assistant City Attorney Grider announced that the following additional item was
discussed under Agenda Item No. IE: the position of 3rd Ward Councilman.
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Reading of the Resolutions and Ordinances
`- Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances
on the agenda.
Invocation/Pledge of Allegiance
The invocation was given by Pastor Jim Hall of Generations Church. The Pledge of Allegiance
was led by Samantha Baylon, a sixth grade student at Highland-Pacific Elementary School.
2. Appointments
2A. Mayor's Office
Appointment of Dave Mlynarski to the Board of Building Commissioners - Council
Member Jim Mulvihill
Motion: Table.
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. ._ _
RESULT: TABLED [UNANIMOUS] 00:12:46 '
MOVER: James Mulvihill, Council Member, Ward 7
SECONDER: Fred Shorett, Council Member, Ward 4
IAYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, Mulvihill
VACANT: Ward 5
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2B. Mayor's Office
Appointment of Eddie Jones, Jr. to the Human Relations Commission - Council Member
Jim Mulvihill
Motion: Approve the appointment of Eddie Jones, Jr. to the Human Relations
Commission as requested by Council Member Jim Mulvihill.
RESULT: ADOPTED [UNANIMOUS] 00:13:46
MOVER: James Mulvihill, Council Member, Ward 7
SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, Mulvihill
i VACANT: Ward 5
3. Presentations
3A. Citizen of the Month -- Dr. Alan Kay-- Council Member Marquez
3B. Student of the Month -- Alexandra (Alex) Hernandez Zapata -- Arroyo Valley High
School -- Council Member Johnson
0 4. Announcements -- Chamber of Commerce & Elected Officials
'Approximate timestamp when the motion and second were made, according to video posted on City's web site.
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5. Consent Calendar
5A. City Clerk
Waive Full Reading of Resolutions and Ordinances
Motion: Waive full reading of resolutions and ordinances on the agenda dated
January 21, 2014.
RESULT: ADOPTED [UNANIMOUS] 01:06:30
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, Mulvihill
VACANT: Ward 5
5B. City Clerk
Council Minutes -- December 2, 2013; and December 16, 2013
Motion: Approve the Minutes of the Mayor and Common Council meetings of
December 2, 2013; and December 16, 2013, as submitted.
......................................
RESULT: ADOPTED [UNANIMOUS] 01:06:30 "!
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, Mulvihill
VACANT: Ward 5
5C. Civil Service
Personnel Actions - Classified
Council Member Jenkins stated he would abstain on this item to avoid the appearance of
a conflict with regard to a pending case. He left the Council Chamber and returned after
the vote was taken.
Motion: Approve the classified personnel actions, as submitted by the Chief
Examiner, in accordance with Civil Service rules and Personnel policies
adopted by the Mayor and Common Council of the City of San
Bernardino.
RESULT: ADOPTED [5 TO 01 01:14:11
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Valdivia, Shorett, Johnson, Mulvihill
ABSTAIN: Robert D. Jenkins
0 VACANT: Ward 5
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5D. Finance
Approval of Check Warrants and Payroll Checks
Motion: Approve the claims and authorize check warrants and payroll checks as
listed.
RESULT: ADOPTED [UNANIMOUS] 01:06:30
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, Mulvihill
VACANT: Ward 5
5E. Fire
RES. 2014-9 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of a Standard Contract Between the San
Bernardino County Fire Protection District and the City of San Bernardino for
Emergency Management Services; and Ratifying the Submittal of the 2013 Emergency
Management Performance Grant and Authorizing the County to Apply for and
Administer the Grant. (Continued from January 6, 2014)
Motion: Adopt the Resolution; and authorize the Director of Administrative
Services or designee to adjust the Fire Department's FY 2013-2014
Adopted Budget to reflect the expenditures and revenue as outlined in the
staff report.
RESULT: ADOPTED [UNANIMOUS] 01:15:57
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, Mulvihill
VACANT: Ward 5
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5F. Human Resources
RES. 2014-10 — Resolution of the Mayor and Common Council of the City of San
Bernardino Adopting the Revisions to Civil Service Rules Pertaining to Re-Employment/
Re-Instatement.
Motion: Adopt the Resolution.
FR�ESULT- ADOPTED [5 TO 1] 01:18:18
MOVER: James Mulvihill, Council Member, Ward 7
SECONDER: Virginia Marquez, Council Member, Ward I
AYES: Marquez, Jenkins, Shorett, Johnson, Mulvihill
NAYS: John Valdivia
VACANT: Ward 5
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5G. Human Resources
RES. 2014-11 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of a Consultant Services Agreement with AON
Risk Insurance Services West, Inc., and the City of San Bernardino.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 01:06:30
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, Mulvihill
VACANT: Ward 5
5H. Human Resources
RES. 2014-12 — Resolution of the Mayor and Common Council of the City of San
Bernardino Establishing an Accountant Series Within the Administrative Services
Department, Approving New Job Descriptions, and Authorizing the Reorganization/
Restructuring Necessary to Accommodate this Series.
Motion: Adopt the Resolution.
j RESULT: ADOPTED 15 TO 11 01:30:58
MOVER: James Mulvihill, Council Member, Ward 7
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Jenkins, Shorett, Johnson, Mulvihill
NAYS: John Valdivia
VACANT: Ward 5
5I. Parks, Recreation & Community Services
RES. 2014-13 — Resolution of the Mayor and Common Council of the City of San
Bernardino Directing the Parks, Recreation and Community Services Department
Director to Begin the Process of Soliciting Proposals to Potentially Contract Park
Maintenance Services.
Mickey Valdivia, Director of Parks, Recreation & Community Services, gave a
PowerPoint presentation which identified existing maintenance obligations and provided
four possible options for the Council's consideration:
Maintenance Obligations
A) Park Sites (48 park sites— 568 acres)
B) Contract Sites (57 non-park sites— 114 acres)
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Option #1
• Increase department funding to meet moderate park standards, 20 acres to 1 employed
person
• Double the Parks Department staff from 17 FTEs to 34 FTEs
• Increase budget from $1.9 million to $3.8 million
Option #2
• Obligation A—No layoffs,but slightly increase staffing to provide services in house
• Contract out Obligation B year round
• Contract out park maintenance in Obligation A, which are furthest from parks
maintenance operation headquarters (i.e., Ronald Reagan, Tom Minor, Speicher Park,
etc.)
Option #3
• Contract Obligation A & B
• Maintain 7 FTEs
• Funding Source(s)
• 10 FTEs layoffs
Q • Incidental Costs Savings
o Fleet—Fuel, Garage, Electric, Liability, Telephone Support, etc.
Option #4
• Hybrid version of Option #3
• No layoffs, but increased funding for more staffing
• Contract Obligation B March—October
• Maintenance staff maintains Obligation B November—February
• Obligation A maintained annually by maintenance staff
Public Comments:
Scott Olson, San Bernardino
Pastor Jones, San Bernardino
Barbara Babcock, San Bernardino
Council Member Shorett made a motion, seconded by Council Member Mulvihill, to
adopt the Resolution. No vote was taken.
Council Member Jenkins made a substitute motion to study Option #s 1, 2 and 4 only.
The motion died for lack of a second.
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Motion: Adopt the Resolution.
0 - - . ......... _ _........... _ __._ .. ....
RESULT: ADOPTED [5 TO 11 02:04:36
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Valdivia, Shorett, Johnson, Mulvihill
NAYS: Robert D. Jenkins
VACANT: Ward 5
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5J. Parks, Recreation & Community Services
RES. 2014-14 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Issuance of a Request for Proposals for Installation of Five
(5) Air Conditioning Units and Seven (7) Burglar Cages at the Center for Individual
Development Facility Located at 8088 Palm Lane.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 01:06:30
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, Mulvihill
VACANT: Ward 5
5K. Police
RES. 2014-15 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Increase, Appropriation and Expenditure of AB109 Grant
Funds into the Fiscal Year 2013/2014 Budget.
Council Member Jenkins stated he would abstain on this item to avoid the appearance of
a conflict with regard to a pending case. He left the Council Chamber and returned after
the vote was taken.
Motion: Adopt the Resolution.
RESULT: ADOPTED [5 TO 0] 01:40:51
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Valdivia, Shorett, Johnson, Mulvihill
ABSTAIN: Robert D. Jenkins
VACANT: Ward 5
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5L. Public Works
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing and Directing the Director of Administrative Services to Appropriate
$300,000 of Unallocated Highway Users Tax Account Funds to Account 001-400-
0088-5502 "Professional/Contractual Services" and Increase Purchase Order 2014-166 to
an Amount Not to Exceed $466,500 to Nelson Paving and Grading Corporation for
Asphalt Grading and Repair Services.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 01:06:30
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, Mulvihill
VACANT: Ward 5
_ l
5M. Public Works
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing and Directing the Director of Administrative Services to Amend the FY
2013-14 Budget by Allocating Previously Unallocated HUTA (Gas Tax) Funds of
$500,000 to Account 001-400-0088-5502 "Professional/Contractual Services", Authorize
the Execution of a Second Amendment to an Agreement with Cal Stripe, Inc., and Issue
an Annual Purchase Order in the Amount of$500,000 to Cal Stripe, Inc., for City-wide
Traffic Striping and Pavement Markings.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 01 06:30
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, Mulvihill
VACANT: Ward 5
5N. Public Works
Resolution of the Mayor and Common Council of the City of San Bernardino
! Authorizing the Execution of a Pipeline License Agreement with the BNSF Railway
Company for the Maintenance of a Storm Drain Within Rail Road Right of Way
Southwest of Cajon Boulevard.
Motion: Adopt the Resolution.
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RESULT: ADOPTED [UNANIMOUS] 01:06:30
1 ! MOVER. Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member, Ward 3
j AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, Mulvihill
j VACANT: Ward 5
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50. Public Works
Resolution of the Mayor and Common Council of the City of San Bernardino Declaring
Its Intention to Authorize the Annexation of Territory Generally Located on the
Southwesterly Side of Cajon Boulevard, Known as 6207 N. Cajon Boulevard
(Annexation No. 8) to Community Facilities District No. 1033, and Adopting an
Annexation Map Showing the Territory of Annexation No. 8.
Motion: Authorize the Director of Public Works and the City Clerk to proceed
under Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of
the State of California, as amended, with Community Facilities District
No. 1033 Annexation No. 8 for property consisting of an industrial
development (Parcel Map No. 19395 & DP II No. 12-09), located on the
southwesterly side of Cajon Boulevard (APN's 0262-042-39, 40, 41 &
42); and adopt the Resolution.
_.................... _ __..._�...
RESULT: ADOPTED [4 TO 11 02:10:43
MOVER: Fred Shorett, Council Member, Ward 4
j SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Virginia Marquez, Robert D. Jenkins,Fred Shorett, James Mulvihill
NAYS: John Valdivia
ABSENT: Rikke Johnson
VACANT: Ward 5
5P. Successor Agency
Resolution of the Mayor and Common Council of the City of San Bernardino Acting as
the Successor Housing Agency to the Redevelopment Agency of the City of San
Bernardino Approving the Subordination of a Deed of Trust in Connection with a
Refinancing of the Senior Mortgage Relating to Real Property Located at 1231 West 8th
Street, San Bernardino, California.
Motion: Adopt the Resolution.
_ — ......... — ........
RESULT: ADOPTED [UNANIMOUS] 01:06:30
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, Mulvihill
VACANT: Ward 5
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5Q. Successor Agency
Resolution of the Mayor and Common Council of the City of San Bernardino Acting as
the Successor Housing Agency to the Redevelopment Agency of the City of San
Bernardino Approving the Subordination of a Deed of Trust in Connection with a
Refinancing of the Senior Mortgage Relating to Real Property Located at 279 East 48th
Street, San Bernardino, California.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 01:06:30
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, Mulvihill
VACANT: Ward 5
5R. Successor Agency
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the Execution of Amendment No. 3 to Consultant Services Agreement
Between Intellibridge Partners and the City of San Bernardino for Accounting Services.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 01:06:30
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, Mulvihill
VACANT: Ward 5
5S. Successor Agency
Resolution of the Successor Agency to the Redevelopment Agency of the City of San
Bernardino Authorizing a $250,000 Purchase Order for Consulting Services from Urban
Futures, Inc., with Respect to Winding-Down the Former Redevelopment Agency During
the Period of January through June 2014.
Motion: Adopt the Resolution.
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RESULT: ADOPTED [4 TO 1] 02:11:31
C MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Robert D. Jenkins, Fred Shorett, Rikke Johnson, James Mulvihill
NAYS: John Valdivia
ABSENT: Virginia Marquez
VACANT: Ward 5
6. Staff Reports
6A. Council Office
San Bernardino Hometown Heroes Military Banner Program
Consensus: Receive and file committee update.
7. Public Comments on Items Not on the Agenda
Pastor Eddie Jones, San Bernardino, announced that the San Bernardino Day of Prayer
would be held at the True Vine Church on February 22, 2014, from 1-4 p.m.
Betty Jean Long, San Bernardino, spoke about a council member who had promised to
Qdo something, but had not yet done it. She asked the person to do what they promised
Kort Marston, San Bernardino, spoke about issues regarding Santiago Management
Company and submitted a letter to be entered into the record regarding issues at his and
other mobile home parks.
Bill Sandefur, San Bernardino, congratulated Pastor Jones on his appointment to the
Human Relations Commission; said he was concerned about negative comments made by
Wendy McCammack regarding the SbX during the debates; and urged people to vote for
Carey Davis on February 4, 2014.
Robert Porter, San Bernardino, spoke about why the Tongva Indians from Los Angeles
would visit the Big Bear Lake area; and read that the Mormons had killed off the Serrano
Indians in San Bernardino, which is why the area's ancient history has been forgotten to
time.
Scott Olson, San Bernardino, spoke about comments written by Fred Shorett in his
rebuttal to the recall petition.
Ashley Jones, of Assemblywoman Cheryl Brown's office, announced upcoming events
sponsored by the assemblywoman's office.
Andreo Neyses, Highland, spoke about her experience at the San Bernardino Animal
Q Shelter. She said the shelter is using the incorrect medication for infections and that's why
dogs are dying at the shelter. She asked that the matter be agendized for the next Council
meeting.
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Aracely Gomez, San Bernardino, spoke about the treatment of animals and the violations
0 at the San Bernardino animal shelter; talked about animals being mislabeled as aggressive
when they are only fearful or shy; and urged the council to address the problems at the
shelter.
Maria Sanchez, Riverside, distributed to the Council two pages from the California
Humane Handbook for 2013; said that some items have improved at the shelter, but there
are still issues she is concerned with such as owner surrenders and dogs that are being
killed after notices of rescue intent have been sent.
Sol Figueredo, Corona, asked if temperament tests could be done on the dogs at the San
Bernardino Animal Shelter; and spoke about a rescuer who was waiting in the lobby to
pick up a dog and the dog was being euthanized.
Aaron Cox, San Bernardino, thanked the Mayor and Council Members for their service
to the City; thanked former Councilman Kelley for his service to the City; and welcomed
Council Member Mulvihill and City Attorney Saenz.
Roger Henderson, San Bernardino, spoke in support of Wendy McCammack for Mayor
and said he was addressing his remarks to those people who have not yet made up their
minds.
Robert Jenkins, San Bernardino, speaking as a citizen, spoke about respect and
transparency.
Barbara Babcock, San Bernardino, spoke in support of Carey Davis for Mayor;
mentioned the 6 p.m. candidate forum Wednesday night at Cal State; and mentioned the
meet-and-greet candidates event at Valley College on January 24.
Stacie Dasinger, Fallbrook, spoke about her experience at the Animal Shelter having a
dog that she wanted to adopt euthanized while she was filling out the adoption
paperwork.
8. Adjournment
The meeting adjourned at 7:18 p.m. The next joint regular meeting of the Mayor and
Common Council and the Mayor and Common Council Acting as the Successor Agency
to the Redevelopment Agency is scheduled for 2:00 p.m., Monday, February 3, 2014.
GEORGEANN"GIGI"HANNA
City Clerk
r
By
Linda Sutherland
Deputy City Clerk
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