HomeMy WebLinkAbout03-03-2014 Jt. Reg Mtg Minutes ARbl�r� City of San Bernardino Mayor R. Carey Davis
„ „
300 North D Street Council Members
Virginia Marquez
San Bernardino, CA 92418 Robert D. Jenkins
http://www.sbcity.org John Valdivia
Fred Shorett
Henry Nickel
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
MONDAY, MARCH 3, 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 4:08 p.m., Monday, March 3, 2014, in the
Council Chamber, 300 North "D" Street, San Bernardino, California. (Note: At 2:00 p.m., City
Clerk Hanna made an announcement that the start time for the Council meeting had been delayed
from 2:00 to 4:00 p.m.)
Roll Call
Attendee Name Title Status Arrived
Virginia Marquez j Council Member, Ward 1 Present 4:00 p.m.
Robert D. Jenkins Council Member, Ward 2 1 Absent
..
John Valdivia Council Member, Ward 3 Present 4:00 p.m.
Fred Shorett Council Member, Ward 4 Present 4:00 p.m.
Henry Nickel Council Member, Ward 5 Present 4:00 p.m.
Rikke Johnson Council Member, Ward 6 i Present 4:00 p.m.
James L. Mulvihill Council Member, Ward 7 Present 4:00 p.m.
Patrick J. Morris Mayor jPresent 4:00 p.m.
�. . ._
Georgeann "Gigi" Hanna City Clerk Present 4:00 p.m.
Allen J. Parker City Manager Present 4:00 p.m.
Gary D. Saenz City Attorney Present 4:00 p.m.
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Joint Regular Meeting Minutes March 3, 2014
I. 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.
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, City of Fontana and City of Lathrop v. California Board
of Equalization, City of Ontario and MedCal.
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.
Reading of 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 C.J. Eastwood, Fourth Ward Bishop, Church of Jesus Christ of
Latter Day Saints. The Pledge of Allegiance was led by Horace Guy, City of San Bernardino
Integrated Waste Operator.
2. Appointments
There were no commission appointments.
3. Presentations
3A. Inaugural Ceremony
0 Music was provided by the CSUSB Brass Ensemble under the direction of Stewart
Undem.
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Mayor Morris administered the oath of office to Fourth Ward Council Member Fred
Adahk
Shorett; and City Clerk Hanna administered the oath of office to Mayor R. Carey Davis,
First Ward Council Member Virginia Marquez, Second Ward Council Member Benito
Barrios, and Fifth Ward Council Member Henry Nickel.
Following a reception in the foyer of City Hall, Mayor R. Carey Davis and Second Ward
Council Member Benito Barrios took their seats at the dais.
4. Announcements -- Chamber of Commerce and Elected Officials
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
March 3, 2014.
.....
I RESULT: ADOPTED [UNANIMOUS] 03:27:291
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Barrios, Valdivia, Shorett, Johnson, Mulvihill
ABSENT: Henry Nickel
5B. City Clerk
Council Minutes -- February 3, 2014; February 10, 2014; and February 18, 2014
Motion: Approve the Minutes of the Mayor and Common Council Meetings of
February 3, 2014; February 10, 2014; and February 18, 2014.
RESULT: ADOPTED [UNANIMOUS] 03:27:29
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Rikke Johnson, Council Member, Ward 6
} AYES: Marquez, Barrios, Valdivia, Shorett, Johnson, Mulvihill
ABSENT: Henry Nickel
5C. City Clerk
Charter Amendment Process
Motion: Receive and file.
. ..._.. _ .........
RESULT: ADOPTED [UNANIMOUS] 03:30:50
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
Indicates approximate time that the motion/second was made,according to the timestamp of the meeting video
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5D. City Manager
Discussion of the Commercial Building Rehabilitation Program and Small Business
Facade Program of the HUD Action Plan
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Motion: Continue to March 17, 2014.
RESULT: CONTINUED [6 TO 01 Next: 3/17/2014 2:00 PM
MOVER: John Valdivia, Council Member, Ward 3 03:27:29
SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Barrios, Valdivia, Shorett, Johnson, Mulvihill
AWAY: Henry Nickel
...................................... .......................
5E. City Manager
FY2015 Budget Public Hearing Schedule
Motion 1: Set the following budget hearing dates at 5:00 p.m. in the Economic
Development Agency Board Room to review the City's combined FY2015
budget: April 28, 2014; April 29, 2014; April 30, 2014; May 14, 2014;
and May 29, 2014.
AND
Motion 2: Set the following budget hearing dates at 5:00 p.m. in the Council
Chamber to review and potentially adopt the City's combined FY2015
budget: June 2, 2014 (Council Meeting); and June 16, 2014 (Council
Meeting).
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RESULT: ADOPTED [UNANIMOUS] 03:27:29
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Barrios, Valdivia, Shorett, Johnson, Mulvihill
ABSENT: Henry Nickel
5F. City Manager
RES. 2014-43 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of a First Amendment to the Consultant Services
Agreement Between Gus Papagolos Consulting and the City of San Bernardino.
Public Comments:
Jay Lindberg, San Bernardino
Motion: Adopt the Resolution.
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RESULT: ADOPTED [UNANIMOUS] 03:33:59
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill
---....... ...... ........ ... ......
5G. Civil Service
Personnel Actions - Classified
Motion: Approve the classified personnel actions (Revised 3/3/14), 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 [UNANIMOUS] 03:27:29
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Barrios, Valdivia, Shorett, Johnson, Mulvihill
ABSENT: Henry Nickel
511. Community Development
RES. 2014-44 — Resolution of the Mayor and Common Council of the City of San
Bernardino Approving the Final Map for Tract No. 17273, Located on the Northwest
Corner of Randall and Eucalyptus Avenues in the Residential Suburban (RS) Zone,
Accepting the Public Dedications as Set Forth on Said Map; and Authorizing Execution
of the Standard Form of Agreement for the Improvements in Said Subdivision, with Time
for Performance Specified.
Motion: Adopt the Resolution.
j RESULT: ADOPTED [UNANIMOUS] 03:27:29
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Barrios, Valdivia, Shorett, Johnson, Mulvihill
ABSENT: Henry Nickel
L _
51. Finance
Approval of Check Warrants and Payroll Checks
Motion: Approve the claims and payroll and authorize the issuance of warrants as
listed.
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RESULT: ADOPTED [UNANIMOUS] 03:27:29
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Rikke Johnson, Council Member, Ward 6
i
AYES: Marquez, Barrios, Valdivia, Shorett, Johnson, Mulvihill
ABSENT: Henry Nickel
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5J. Fire
RES. 2014-45 – Resolution of the Mayor and Common Council of the City of San
Bernardino Ratifying the Submittal of the 2013/2014 Grant Applications to the California
Environmental Protection Agency in the Amount of $40,000 and Authorizing the Fire
Department to Accept and Administer the Grants.
Motion: Adopt the Resolution; and authorize the Director of Administrative
Services or his designee to adjust the Fire Department's FY 2013-2014
Adopted Budget to reflect the grant expenditures and revenues.
RESULT: ADOPTED [UNANIMOUS] 03:27:29
j MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Barrios, Valdivia, Shorett, Johnson, Mulvihill
ABSENT: Henry Nickel
--
5K. Human Resources
Personnel Actions -Unclassified
Motion: Approve the unclassified personnel actions, as submitted by the Human
Resources Division Manager, in accordance with City policies and
procedures.
—____. ___ __ ___ _ __ __ ...........
C RESULT: ADOPTED [UNANIMOUS] 03:27:29
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Barrios, Valdivia, Shorett, Johnson, Mulvihill
a
ABSENT: Henry Nickel
5L. Human Resourees
Resolution of the 1 Common cotifleil of the Cit., of Saii Befnafdina
AtAher-izing the Establishment and Funding of One (1) Ma-yer-'s Chief of Staff (U)
3 Pest ;e Within the lea ' Of'F
Motion rat the Resolution. Item Deleted.
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5M. Human Resources
RES. 2014-46 — Resolution of the Mayor and Common Council of the City of San
— Bernardino Authorizing the Execution of a First Amendment to the Vendor Services
Agreement Between York Risk Services Group, Inc., and the City of San Bernardino for
Workers' Compensation Third Party Claims Administrator Services.
Motion: Adopt the Resolution.
.........
RESULT: ADOPTED [UNANIMOUS] 03:27:29
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Barrios, Valdivia, Shorett, Johnson, Mulvihill
ABSENT: Henry Nickel
5N. Police
RES. 2014-47 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of Amendment No. 2 to the Animal Control and
Housing Agreement Between the City of San Bernardino and the City of Grand Terrace.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 03:36:04
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
50. Police
RES. 2014-48 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Increase of Purchase Order Number 2014-00001390 Issued
to Omega Group to an Amount Not to Exceed $26,230 Utilizing AB109 Grant Funds,
Account Number 123-210-0001-5702-0972.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 03:27:29 i
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Barrios, Valdivia, Shorett, Johnson, Mulvihill
f ABSENT: Henry Nickel
E_____ _
5P. Police
RES. 2014-49 — Resolution of the Mayor and Common Council of the City of San
AWN Bernardino Ratifying the Submittal of an Application for a Selective Traffic Enforcement
Program (STEP) Grant from the State of California Office of Traffic Safety (OTS) in the
Amount Not to Exceed $722,457.53 and Authorizing the Police Department to Accept
and Administer the Grant.
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Public Comments:
Jay Lindberg, San Bernardino
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 03:40:28
MOVER: Rikke Johnson, Council Member, Ward 6
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson,Mulvihill
5Q. Public Works
RES. 2014-50—Resolution of the City of San Bernardino Approving License Agreement
No. 14-49405 with the Burlington Northern Santa Fe (BNSF) Railway for Maintenance
of Temporary Shoring Under the Mt. Vernon Viaduct Between 2„d Street and 4th Street
(BR#54C0066).
Motion: Adopt the Resolution.
�. . . ...�.. _— �.. __ — ............... ---
RESULT: ADOPTED [UNANIMOUS] 03:27:29
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Barrios, Valdivia, Shorett, Johnson, Mulvihill I
ABSENT: Henry Nickel
5R. Public Works
RES. 2014-51 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of an Agreement and Issuance of an Annual
Purchase Order in an Amount Not to Exceed $200,000 with Two Single Year Renewals
at the City's Option to Houston&Harris PCS, Inc. for the Cleaning and Video Inspection
of the Sewer System.
Motion: Adopt the Resolution.
_._
RESULT: ADOPTED [UNANIMOUS] 03:27:29
MOVER: John Valdivia, Council Member, Ward 3
ISECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Barrios, Valdivia, Shorett, Johnson, Mulvihill
ABSENT: Henry Nickel
5S. Public Works
RES. 2014-52 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of an Agreement and Issuance of an Annual
Purchase Order with Two (2) One-Year Extensions at the City's Option to Quality Light
and Electrical for Street Light Repair Services.
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Council Member Shorett stated that he had concerns with the wide range of bids and the
fact that none of the bidders are local when there are local vendors who are able to do the
work.
Tony Frossard, Director of Public Works, stated that they have a purchase order with a
local electrical contractor who is qualified and does good work; however, he does not
have the required number of years of experience. He explained that the difference in the
bid amounts could be due to where the contractors are located.
Council Member Mulvihill stated that the City has a lot of lights that need to be repaired
and asked if there is a need for more contractors. He stated that having more than one
contractor working at a time would mean getting the lights repaired faster.
Council Member Valdivia made a motion, seconded by Council Member Shorett, to
lower the amount of the purchase order to $100,000, and that the remaining balance of
$100,000 be opened up for bid for a second contractor. Council Member Valdivia
subsequently withdrew his motion.
Senior Assistant City Attorney Grider advised that the best route to take would be to
{ reject all bids and send it back out for rebid. She stated that it would be unfair to the
contractors who have their bids out in public because someone else could come in
knowing exactly what the bids were and undercut them.
Mr. Frossard confirmed that they have an additional $200,000 they could put towards
streetlights. He stated that if they send this out to bid again, there is no guarantee that it
will be a local business and there could be a 60-day delay in the start of work.
Council Member Mulvihill recommended accepting the bids, and if they do get more
money, they could put it into finding additional local contractors.
Council Member Valdivia made a motion, seconded by Council Member Mulvihill, to
adopt the resolution. The vote was taken following further discussion.
Public Comments:
Jay Lindberg, San Bernardino
Jason Paden, Padcor, San Bernardino
Scott Olson, San Bernardino
Shirley Harlan, San Bernardino
Betty Jean Long, San Bernardino
Motion: Adopt the Resolution.
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Joint Regular Meeting Minutes March 3, 2014
RESULT: ADOPTED [4 TO 3] 03:56:06
I MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Benito J. Barrios, John Valdivia, Henry Nickel, James Mulvihill
I NAYS: Virginia Marquez, Fred Shorett, Rikke Johnson
6. Staff Reports
6A. Council Office
RES. 2014-53 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Director of Administrative Services to Issue a Purchase
Order to Out of the Box Printing/R81 in the Amount of$4,526.76 for Military Banners.
1
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 04:20:33
MOVER: Rikke Johnson, Council Member, Ward 6
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill
611. Council Office
San Bernardino Hometown Heroes Military Banner Program
Consensus: Receive and file committee update.
6C. City Manager
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the Formation of a Volunteer Citizen-Based Committee and Directing the
City Manager to Initiate a Request for Qualifications for a Consultant Specializing in
Charter Reform.
A revised resolution was distributed to the Council and submitted into the record.
Council Member Shorett made a motion, seconded by Council Member Marquez, to continue
the item to March 10, 2014 at 5 p.m. The vote was taken following further discussion.
Council Member Valdivia stated that according to the proposed resolution, City
representatives are guaranteed only 4 representatives on the commission, including the City
Attorney, and as many as 9 of the 13 charter commission positions could be occupied by non-
residents of the City of San Bernardino, which seems inappropriate given that the City
Charter is a local controlled document. In addition, the employees' representative on the
commission is singled out in a discriminatory manner and given a tight deadline to make an
appointment or forfeit their representative on the commission. No other appointing authority
Mr Q is given such a deadline or threatened in such a manner. He recommended that Section 4 be
deleted.
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Council Member Johnson stated that he had a prior commitment on March 10, 2014.
Council Member Shorett suggested that the meeting be held at 5 p.m. on Tuesday, March
11, 2014.
Public Comments:
Jay Lindberg, San Bernardino
Deanna Adams, San Bernardino
Roxanne Williams, San Bernardino
Amended
Motion: Continue to March 11, 2014, at 5 p.m.
........
RESULT: CONTINUED [UNANIMOUS] Next. 3/11/2014 3:00 PM
MOVER: Fred Shorett, Council Member, Ward 4 03:19:19
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Nickel, Barrios, Marquez, Valdivia, Shorett, Johnson, Mulvihill
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7. Public Comments on Items Not on the Agenda
i
Betty Jean Long, San Bernardino, stated that someone she thought she could trust stole
money from her.
Tim Garcia, announced that the Habitat for Humanity Gala would be held on March 28,
2014, at the National Orange Show.
Kathy Mallon, San Bernardino, stated that she is excited about crossing divides with the
new leadership.
Larry Guidry, San Bernardino, spoke about the revitalization of Perris Hill Park and the
plan to refurbish Nunez and Seccombe Lake Parks; and urged residents to participate in
park projects or to call City Hall to find out what other volunteer opportunities are
available.
Robert Porter, San Bernardino, stated that it is time for City officials to come together
and work together to make San Bernardino a better place; and announced that he has
started a non-profit called"Paleo Days."
Dannell Duran, representative of Community Builders of the 7th Ward, stated that they
meet the first Wednesday of every month at 6:30 p.m. at the Congregational Church at
3041 N. Sierra Way, and announced that this week's guest speaker is City Attorney Gary
Saenz.
Bertha Rodriguez, social work major at CSUSB, spoke about an advocacy program
called "Community Advocates for Resources of Employment," which was created to
Q provide residents with employment resources. She asked community leaders for
suggestions, funding, volunteers, and advice on how to improve the project.
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Shirley Harlan, San Bernardino, spoke about the Annual 011ie McDonald Senior
Showcase, which will be held at 1:30 p.m. on Saturday, March 24, 2012, at the Sturges
Center for the Fine Arts.
Kirk Larson, Colton, stated that thieves stripped cable in approximately one third of the
area between Washington Street, Waterman Avenue, Hunts Lane and Commercial Road;
and praised the City for quickly addressing the problem.
Alex Torres, San Bernardino, readdressed an issue of a bacterial stench at Mill Street and
Mt. Vernon Avenue being produced by Co-West Commodities. He stated that he has a
petition containing over 200 signatures and plans to file a class action lawsuit.
Jay Lindberg, San Bernardino, spoke about drug war reform and the Trans-Pacific
Partnership.
Tony Mejia, on behalf of County Supervisor James Ramos, expressed his
congratulations to the newly-elected and reelected City officials.
Larry Sharp, Redlands, encouraged City leaders to include the community in their
deliberations; stated that he was happy to see the item on the agenda regarding Charter
change; and encouraged the City to look into ethics reform and limiting political
contributions.
Roxanne Williams, representative for Save San Bernardino, provided inforination about
the organization; and stated that they support Charter reform.
Amelia Mendoza, San Bernardino, stated that residents are willing to do whatever it
takes to help get the City back on its feet; said she is trying to encourage residents to
attend Council meetings; and requested that City Council meetings start later in the
evening.
Margaret Hill, Highland, said she is pleased with the new leadership team; and stated
that the San Bernardino Unified School District looks forward to working with the City to
make this a better place for the children.
Deanna Adams, San Bernardino, spoke about her disagreement with the resolution
regarding a Charter Commission; and a possible tax that could jump start downtown San
Bernardino and create a clean and safe environment.
Jim Smith, Highland, announced that the new courthouse would be dedicated on May 1,
2014; and encouraged continued efforts on Charter change.
Shannon Crosson, San Bernardino, spoke about the raves held at the National Orange
Show and the impact they have on her neighborhood.
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8. Adjournment
0 At 11:00 p.m., the meeting adjourned to 5:00 p.m., Tuesday, March 11, 2014, in the
Council Chamber, to discuss Agenda Item No. 6C. 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,
March 17, 2014.
GEORGEANN"GIGI"HANNA
City Clerk
By
Linda Sutherland
Deputy City Clerk
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