HomeMy WebLinkAbout05.B- City Clerk 5.B
DOC ID: 2945
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CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Information/Report
From: Georgeann "Gigi" Hanna M/CC Meeting Date: 04/21/2014
Prepared by: Georgeann"Gigi" Hanna,
Dept: City Clerk Ward(s): All
Subject:
Council Minutes -- March 3,2014; March 11, 2014; and March 17, 2014 (#2945)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: «Inert Amount>> Account No. <<Insert Account No.>>
Account Description: «Inert Account Description
Balance as o£ <<Insert Date>>
Balance after approval of this item: «Inert Amount>>
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred,but not yet processed.
Motion: Approve the Minutes of the Mayor and Common Council Meetings of March 3,
2014; March 11, 2014; and March 17,2014.
Synopsis of Previous Council Action:
10 None.
Background:
None.
Supporting Documents:
03-03-2014 Jt. Reg. (Draft)_LS_gh (DOC)
03-11-2014 Jt. Adj. Reg. (Draft)_LS_gh (DOC)
03-17-2014 Jt. Reg. (Draft)_LS_gh (DOC)
Updated:4/14/2014 by Georgeann"Gigi"Hanna Packet Pg.21
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* MARCH 3 , 2014
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F` JT . REGULAR
MEETING
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City of San Bernardino Mayor R. Care 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
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DRAFT MINUTES
JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL
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OF THE CITY OF SAN BERNARDINO °J
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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 v
AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY Ul)
AND N
A MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING
AS THE HOUSING AUTHORITY Cn
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MONDAY, MARCH 3, 2014
COUNCIL CHAMBER
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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
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Clerk Hanna made an announcement that the start time for the Council meeting had been delayed N
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from 2:00 to 4:00 p.m.) 9
Roll Call
Attendee Name Title Status Arrived E
Virginia Marquez CounciI Member, Ward 1 Present ' 4:00 p.m.
Robert D. Jenkins Council Member, Ward 2 Absent
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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 Present 4.00 p.m.
James L. Mulvihill Council Member,Ward 7 Present 4:00 p.m.
Patrick J. Morris Mayor Present 4:00 p.m.
Georgeann "Gigi" Hanna City Clerk Present 4 00 pm.
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Allen J. Parker City Mana er Present 4:00 p.m.
Gary D. Saenz City Attorne Present 4:00 p.m.
Mayor and Common Council of the City ofSan Bernardino Pagel
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Joint Regular Meeting Minutes March 3, 2014
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.
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.
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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. —
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E. Closed session with Chief of Police on matters posing a threat to the security of v
public buildings or threat to the public's right of access to public services or
public facilities -pursuant to Government Code Section 54957.
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F. Conference with labor negotiator - pursuant to Government Code Section
54957.6. cnl
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G. Conference with real property negotiator - pursuant to Government Code Section
54956.8. o
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Reading of Resolutions and Ordinances
Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances
on the agenda. c
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Invocation/Pledge of Allegiance 9
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 » Guy, City of San Bernardino =
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Integrated Waste Operator. YC 121g0 E E
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2. Appointments a
There were no commission appointments.
3. Presentations
3A. Inaugural Ceremony
Music was provided by the CSUSB Brass Ensemble under the direction of Stewart
Undem.
Mayor and Common Council of the City of San Bernardino Page 2
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Joint Regular Meeting Minutes March 3, 2014
Mayor Morris administered the oath of office to Fourth Ward Council Member Fred
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
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5A. City Clerk
Waive Full Reading of Resolutions and Ordinances
Motion: Waive full reading of resolutions and ordinances on the agenda dated a
March 3, 2014. _
RESULT: ADOPTED [UNANIMOUS] 03:27:291
MOVER: John Valdivia, Council Member, Ward 3 c
SECONDER: Rikke Johnson, Council Member, Ward 6 v
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AYES: Marquez, Barrios, Valdivia, Shorett, Johnson, Mulvihill
ABSENT: Henry Nickel v
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5B. City Clerk JI
Council Minutes -- February 3, 2014; February 10, 2014; and February 18, 2014
Motion: Approve the Minutes of the Mayor and Common Council Meetings of o
February 3, 2014; February 10, 2014; and February 18, 2014.
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RESULT: ADOPTED [UNANIMOUS] 03:27:29 n
MOVER: John Valdivia, Council Member, Ward 3 0
SECONDER: Rikke Johnson, Council Member, Ward 6 pN,
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AYES: Marquez, Barrios, Valdivia, Shorett, Johnson, Mulvihill c
ABSENT: Henry Nickel s
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5C. City Clerk 0
Charter Amendment Process a
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
Mayor and Common Council of the City of San Bernardino Page 3
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Joint Regular Meeting Minutes March 3, 2014
5D. City Manager
Discussion of the Commercial Building Rehabilitation Program and Small Business
Fagade Program of the HUD Action Plan
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
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AWAY: Henry Nickel N
5E. City Manager
FY2015 Budget Public Hearing Schedule 3
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; v
and May 29, 2014.
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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 Ui
Meeting).
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
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ABSENT: Henry Nickel
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5F. City Manager c
RES. 2014-43 — Resolution of the Mayor and Common Council of the City of San E
Bernardino Authorizing the Execution of a First Amendment to the Consultant Services U
Agreement Between Gus Papagolos Consulting and the City of San Bernardino. .2
Public Comments:
Jay Lindberg, San Bernardino
Motion: Adopt the Resolution.
Mayor and Common Council of the City of San Bernardino Page 4
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Joint Regular Meeting Minutes March 3, 2014
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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 N
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
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MOVER: John Valdivia, Council Member, Ward 3 g
SECONDER: Rikke Johnson, Council Member, Ward 6
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AYES: Marquez, Barrios, Valdivia, Shorett, Johnson, Mulvihill o
ABSENT: Henry Nickel v
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5H. Community Development s
RES. 2014-44 — Resolution of the Mayor and Common Council of the City of San Ci
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 o
of the Standard Form of Agreement for the Improvements in Said Subdivision, with Time
for Performance Specified.
Motion: Adopt the Resolution.
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RESULT: ADOPTED [UNANIMOUS] 03:27:29 0
MOVER: John Valdivia, Council Member, Ward 3 c
SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Barrios, Valdivia, Shorett, Johnson, Mulvihill E
ABSENT: Henry Nickel
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5I. Finance
Approval of Check Warrants and Payroll Checks
Motion: Approve the claims and payroll and authorize the issuance of warrants as
listed.
Mayor and Common Council of the City of San Bernardino Page 5
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Joint Regular Meeting Minutes March 3, 2014
RESULT: ADOPTED [UNANIMOUS] 03:27:29
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Rikke Johnson, Council Member, Ward 6
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AYES: Marquez, Barrios,Valdivia, Shorett, Johnson, Mulvihill
ABSENT: Henry Nickel
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 c
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 N
Services or his designee to adjust the Fire Department's FY 2013-2014
Adopted Budget to reflect the grant expenditures and revenues. 5
RESULT: ADOPTED [UNANIMOUS] 03:27:29 c
MOVER: John Valdivia, Council Member, Ward 3
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1 SECONDER: Rikke Johnson, Council Member, Ward 6 LO;
AYES: Marquez, Barrios, Valdivia, Shorett, Johnson, Mulvihill N
ABSENT: Henry Nickel
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5K. Human Resources
Personnel Actions -Unclassified
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Motion: Approve the unclassified personnel actions, as submitted by the Human a,
Resources Division Manager, in accordance with City policies and
procedures.
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RESULT: ADOPTED [UNANIMOUS] 03:27:29 N
MOVER: John Valdivia, Council Member, Ward 3 c
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SECONDER: Rikke Johnson, Council Member, Ward 6 °
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AYES: Marquez, Barrios,Valdivia, Shorett, Johnson, Mulvihill
ABSENT: Henry Nickel
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5L. Unman Resouvees Q
Reseletion -' the Ma.,er- and Geffifnen Gotineil of the City of Safi Bemar-difie
Atitnerizing the Es and Funding-of One (i) M.,yar-'s Chief of Staff (U)
Posh,, Within the Ma-ye,-'s Offieo
Alotion: Adopt the Resolution. Item Deleted.
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Mayor and Common Council of the City of San Bernardino Page 6
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Joint Regular Meeting Minutes March 3, 2014
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
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SECONDER: Rikke Johnson, Council Member, Ward 6 N
AYES: Marquez, Barrios, Valdivia, Shorett, Johnson, Mulvihill
ABSENT: Henry Nickel
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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.
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Motion: Adopt the Resolution. LO
RESULT: ADOPTED [UNANIMOUS] 03:36:04
MOVER: John Valdivia, Council Member, Ward 3 a
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
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50. Police rs�
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, c
Account Number 123-210-0001-5702-0972. N
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Motion: Adopt the Resolution. o
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RESULT: ADOPTED [UNANIMOUS] 03:27:29 E
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Rikke Johnson, Council Member, Ward 6 a
AYES: Marquez, Barrios, Valdivia, Shorett, Johnson, Mulvihill
ABSENT: Henry Nickel
5P. Police
RES. 2014-49 — Resolution of the Mayor and Common Council of the City of San
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.
Mayor and Common Council of the City of San Bernardino Page 7
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Joint Regular Meeting Minutes March 3, 2014
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
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AYES: Marquez, Barrios,Valdivia, Shorett,Nickel, Johnson, Mulvihill
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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 2nd Street and 4th Street
(BR#54C0066).
Motion: Adopt the Resolution. —
RESULT: ADOPTED [UNANIMOUS] 03:27:29
MOVER: John Valdivia, Council Member, Ward 3 W)
SECONDER: Rikke Johnson, Council Member,Ward 6
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�^ AYES: Marquez, Barrios, Valdivia, Shorett, Johnson, Mulvihill
ABSENT: Henry Nickel
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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
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of the Sewer System.
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Motion: Adopt the Resolution. M
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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 a
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.
Mayor and Common Council of the City of San Bernardino Page 8
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Joint Regular Meeting Minutes March 3, 2014
'— 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
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and asked if there is a need for more contractors. He stated that having more than one N
contractor working at a time would mean getting the lights repaired faster. L
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 0
reject all bids and send it back out for rebid. She stated that it would be unfair to the v
contractors who have their bids out in public because someone else could come in
knowing exactly what the bids were and undercut them. N
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Mr. Frossard confirmed that they have an additional $200,000 they could put towards Cn�
streetlights. He stated that if they send this out to bid again, there is no guarantee that it ^i
will be a local business and there could be a 60-day delay in the start of work.
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Council Member Mulvihill recommended accepting the bids, and if they do get more 6
money, they could put it into finding additional local contractors.
Council Member Valdivia made a motion, seconded by Council Member Mulvihill, to 0
adopt the resolution. The vote was taken following further discussion. M
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Public Comments: °
Jay Lindberg, San Bernardino
Jason Paden, Padcor, San Bernardino E
Scott Olson, San Bernardino
Shirley Harlan, San Bernardino Q
Betty Jean Long, San Bernardino
Motion: Adopt the Resolution.
Mayor and Common Council of the City of San Bernardino Page 9
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Joint Regular Meeting Minutes March 3, 2014
RESULT: ADOPTED [4 TO 31 03:56:06
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Benito J. Barrios, John Valdivia, Henry Nickel,James Mulvihill
NAYS: Virginia Marquez, Fred Shorett, Rikke Johnson
6. Staff Reports
6A. Council Office o
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.
Motion: Adopt the Resolution.
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RESULT: ADOPTED [UNANIMOUS] 04:20:33
MOVER: Rikke Johnson, Council Member, Ward 6 _
SECONDER: Virginia Marquez, Council Member, Ward 1 °
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AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
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6B. Council Office
San Bernardino Hometown Heroes Military Banner Program co I
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Consensus: Receive and file committee update.
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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 c
Charter Reform. M
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A revised resolution was distributed to the Council and submitted into the record. o
Council Member Shorett made a motion, seconded by Council Member Marquez, to continue °'
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the item to March 10, 2014 at 5 p.m. The vote was taken following further discussion.
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Council Member Valdivia stated that according to the proposed resolution, City a
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
is given such a deadline or threatened in such a manner. He recommended that Section 4 be
deleted.
Mayor and Common Council of the City of San Bernardino Page 10
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Joint Regular Meeting Minutes March 3, 2014
Council Member Johnson stated that he had a prior commitment on March 10, 2014.
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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
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Amended N
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
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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, y n
2014, at the National Orange Show.
Kathy Mallon, San Bernardino, stated that she is excited about crossing divides with the o
new leadership. a,
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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 r
park projects or to call City Hall to find out what other volunteer opportunities are Q
available. o
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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 E
started a non-profit called"Paleo Days."
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Dannell Duran, representative of Community Builders of the 7th Ward, stated that they a
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
provide residents with employment resources. She asked community leaders for
suggestions, funding,volunteers, and advice on how to improve the project.
Mayor and Common Council of the City of San Bernardino Page 11
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Joint Regular Meeting Minutes March 3, 2014
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. N
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 0
change; and encouraged the City to look into ethics reform and limiting political
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contributions.
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Roxanne Williams, representative for Save San Bernardino, provided information about
the organization; and stated that they support Charter reform. cn I
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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 0
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 N
make this a better place for the children. o
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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, a
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.
Mayor and Common Council of the City of San Bernardino Page 12
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Joint Regular Meeting Minutes March 3, 2014
AWWA 8. Adjournment
ROW 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
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Linda Sutherland
Deputy City Clerk
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Mayor and Common Council of the City of San Bernardino Page 13
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MARCH 11 , 2014 �-
MINUTES a
JTE ADJ . REGULAR
MEETING
( DRAFT )
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G+ City of Sari Bernardino Mayor R. Carey Davis
Council Members
300 North "D" Street Virginia Marquez
San Bernardino, CA 92418 Benito Barrios
http://www.sbcity.org John Valdivia
Fred Shorett
♦ Henry Nickel
Rikke Johnson
James L. Mulvihill :;F
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DRAFT MINUTES
JOINT ADJOURNED REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL c
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
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MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING
AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY
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AND
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0 MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING
AS THE HOUSING AUTHORITY
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TUESDAY, MARCH 11, 2014 0
COUNCIL CHAMBER 6
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The Joint Adjourned Regular Meeting of the Mayor and Common Council of the City of San :a
Bernardino was called to order by Mayor R. Carey Davis at 5:05 p.m., Tuesday, March 11, 2014, a
in the Council Chamber, 300 North "D" Street, San Bernardino, California.
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Roll Call N
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Attendee Name Title Status Arrived o
Virginia Marquez ; Council Member, Ward 1 Present i 5:00 p.m.
Benito J. Barrios Council Member,Ward 2 Present 5:00 p.m. E
John Valdivia Council Member,Ward 3 Present 5:00 p.m. R
Fred Shorett Council Member,Ward 4 Present 5:00 p.m. a
Henry Nickel Council Member, Ward 5 Present 5:00 p.m.
Rikke Johnson Council Member,Ward 6 Present 5:20 p.m.
James Mulvihill Council Member,Ward 7 Present 5:00 p.m.
R. Carey Davis Mayor Present 5:00 p.m.
Georgeann"Gigi"Hanna City Clerk Present 5:00 p.m.
0 Allen Parker City Manager Present 5:00 p.m.
Gary D. Saenz City Attorney Present 5:00 p.m.
Mayor and Common Council of the City of San Bernardino Page]
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f Joint Adjourned Regular Meeting Minutes March 11, 2014
1. Closed Session— Pursuant to Government Code Sections(s):
A. Co nference 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. N
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.
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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. v
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F. Conference with labor negotiator - pursuant to Government Code Section
54957.6. N
G. Conference with real property negotiator - pursuant to Government Code Section Ni
54956.8.
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Closed Session Announcement
Senior Assistant City Attorney Grider announced that during closed session the Council voted to
give the mediation team direction on how to proceed in the City's bankruptcy mediation with a
vote of 7 to 0.
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2. Continued items o
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2A. Mayor's Office
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Resolution of the Mayor and Common Council of the City of San Bernardino CD
Authorizing the Formation of a Volunteer Citizen-Based Charter Committee and
Directing the City Manager to Initiate a Request for Qualifications for a Consultant E
Specializing in Charter Reform. (Continued from March 3, 2014)
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Mayor Davis stated that the Council had received an updated resolution that changed the
date by which the committee shall present its recommendations to the Mayor and
Common Council. He thanked the members of the City Council, City staff and members
of the public that commented on the formation of the charter reform committee. He
added that some changes were incorporated into the document that had been originally
look proposed.
Mayor and Common Council of the City of San Bernardino Page 2
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Joint Adjourned Regular Meeting Minutes March 11, 2014
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Mayor Davis stated that there is a need for charter reform—a need to look at the
provisions of the charter that are hampering the City's financial abilities and operational
needs.
Public Comments:
Evelyn Alexander, San Bernardino
Jane Sneddon, San Bernardino
Kathy Mallon, San Bernardino
Larry Sharp, Redlands,
James Smith, Highland o
Rachel Kanakaole, San Bernardino _
Mike Gallo, San Bernardino
Casey Dailey, San Bernardino
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Submitted into the record was a letter addressed to the Mayor and Council from Rockne
A. Lucia, Jr., Rains Lucia Stern, PC, dated March 11, 2014, regarding the proposed
resolution for the formation of a Charter Commission. g
Discussion ensued regarding the Charter amendment process; the difference between a o
Charter Commission and a Charter Committee; timelines for placing the matter on the v
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ballot; the RFQ process versus the RFP process; and the salary of the consultant.
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Council Member Valdivia asked whether the City Manager was going to select the
consultant or was he going to report back to the Council for approval. CnI
City Attorney Saenz advised that Section 3 of the resolution implies that the City
Manager is going to make that decision on his own, but it should clarify whether the City o
Manager will be making that decision on his own, whether he will be making that
decision in conjunction with other persons, or whether he will bring his recommendations
to the Council for approval.
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Council Member Valdivia distributed to the Council and submitted into the record, two
amended resolutions entitled, "Amended Resolution to Include our Citizenry, Employees,
and Public in the Charter Reform Process," dated March 3, 2014, and March 11, 2014. c°v,
Council Member Shorett asked how staff was going to deal with all the suggested c
changes that were being made.
Senior Assistant City Attorney Grider stated that any changes to the resolution could
either be added tonight by interlineation, or the Council could vote on what changes they
want and could continue the item to March 17, 2014, at which time the City Attorney Q
would bring back an amended resolution for the Council's review.
Valdivia/Nickel motion, including amendments, as clarified by the City Clerk:
To accept Council Member Valdivia's amended resolution, as submitted to the Council,
striking the requirement for a 2/3 vote under Item D; striking the June 13 deadline under
Item E; incorporating the City Attorney's suggestions regarding the RFQ; and adding the
words "initial recommendations" to Item L. The vote was taken following further
discussion.
Mayor and Common Council of the City of San Bernardino Page 3
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Joint Adjourned Regular Meeting Minutes March 11, 2014
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It was the consensus of the Council that the resolution be amended by the City Attorney's
office and brought back for final approval on March 17, 2014.
Senior Assistant City Attorney Grider stated that Council Member Valdivia would need
' to amend his motion to direct the City Attorney to bring the updated resolution back to
Council on March 17, 2014.
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Amended Valdivia/Nickel motion as clarified by the City Clerk:
To accept Council Member Valdivia's amended resolution, as submitted to the Council,
striking the requirement for a 2/3 vote under Item D; striking the June 13, 2014 deadline c
under Item E; adding the words "initial recommendations" to Item L; incorporating the
City Attorney's suggestions regarding the RFQ; directing the City Attorney to return with
an updated resolution reflecting these changes at the Council meeting of March 17, 2014.
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City Attorney Saenz stated that his recommendation was that there should be clarification
on whether the City Manager was going to be making the decision regarding the =_
consultant independently or was he going to bring back a recommendation to Council so
that the Council could make the ultimate choice of the consultant. c
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Council Member Valdivia stated that he was agreeable to the City Manager bringing the v
RFQ back to Council on March 17, 2014.
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City Manager Parker clarified that he would bring back a recommendation of who to hire,
not the RFQ document itself. Ni
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Amended Valdivia/Nickel motion as clarified by the City Clerk:
Accept Council Member Valdivia's amended resolution, as submitted to the Council, o
striking the requirement for a 2/3 vote under Item D; striking the June 13, 2014 deadline
under Item E; adding the words "initial recommendations" to Item L; deleting Items M
and N; directing the City Attorney to return with an updated resolution reflecting these
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changes at the Council meeting of March 17, 2014; and directing the City Manager to a
return with recommendations of who to hire as committee consultant.
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RESULT: APPROVED [UNANIMOUS] Next: 3/17/2014 2:00 PM
MOVER: John Valdivia, Council Member, Ward 3 01:22:161 0
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel,Johnson, Mulvihill
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' Approximate time the motion/second was made,according to timestamp on the meeting video on the City web site
Mayor and Common Council of the City of San Bernardino Page 4
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Joint Adjourned Regular Meeting Minutes March 11, 2014
3. New Business
3A. Discussion of Police Chief's Contract
4 Motion: To add an item that arose after the posting of the agenda.
6 _. ._ ..........
RESULT: ADOPTED [UNANIMOUS] 03:32:34
MOVER: Rikke Johnson, Council Member,Ward 6
SECONDER: Virginia Marquez, Council Member, Ward 1
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AYES: Marquez, Barrios,Valdivia, Shorett,Nickel,Johnson, Mulvihill o
Council Member Shorett made a motion, seconded by Council Member Nickel, to hire
Jarrod Burguan as the permanent Police Chief. No vote was taken. ;
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Substitute '
Motion: Extend the Police Chief's interim capacity to Monday and agendize the
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matter for the March 17, 2014 Council meeting.
RESULT: ADOPTED [6 TO 11 03:34:51 0
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia,Nickel, Johnson, Mulvihill
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NAYS: Fred Shorett co
'Now,
4. Public Comments on Items Not on the Agenda o
No public comments were received.
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5. Adjournment a
The meeting adjourned at 8:38 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, March 17, 2014. N
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GEORGEANN"GIGI"HANNA
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City Clerk
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By
Linda Sutherland a
Deputy City Clerk
Mayor and Common Council of the City of San Bernardino Page 5
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3� City of San Bernardino
Mayor R. Carey Davis
300 North "D" Street Council Members
an Bernardino, CA 92418 Virginia Marquez
Benito Barrios
http://www.sbcity.org John Valdivia
Fred Shorett
Henry Nickel
Rikke Johnson
James L. Mulvihill
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DRAFT MINUTES
JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL
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OF THE CITY OF SAN BERNARDINO
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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 c°a
AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY LO
AND N
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING o�
AS THE HOUSING AUTHORITY co
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MONDAY, MARCH 17, 2014 2
COUNCIL CHAMBER
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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 R. Carey Davis at 2:11
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p.m., Monday, March 17, 2014, in the Council Chamber, 300 North "D" Street, San Bernardino, ti
California. T
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Roll Call
Attendee Name Title Status Arrived E
Virginia Marquez Council Member,Ward 1 t Present 2.00 p.m.
Benito J. Barrios E Council Member,Ward 2 Present 2:00 p.m. a
John Valdivia Council Member, Ward 3 Present 5:49 p.m.
Fred Shorett Council Member,Ward 4 Present
2:00 p.m.
Henry Nickel ` Council Member, Ward 5 Present 4:00 p.m.
Rikke Johnson Council Member, Ward 6 Present 2:00 p.m.
James Mulvihill Council Member,Ward 7 Present 2:00 p.m.
R. Carey Davis _ Mayor Present 2:00 p.m.
Georgeann "Gigi" Hanna ' City Clerk Present 2:00 p.m.
Allen Parker City Manager Present 2:00 p.m.
Gary D. Saenz City Attorney Present 2:00 p.m.
Mayor and Common Council of the City of San Bernardino Page]
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Joint Regular Meeting Minutes March 17, 2014
loom- 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
Mil.
Glen Aire Mobile Home v. City of San Bernardino, et al. - San Bernardino
Superior Court, Case No. CIVDS 1114110;
Munoz v. City of San Bernardino - San Bernardino Superior Court, Case No. N
CIVDS 1110863.
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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:
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Two items. —
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C. Conference with legal counsel - anticipated litigation - initiation of litigation - 0
pursuant to subdivision(c) of Government Code Section 54956.9:
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One item.
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D. Closed Session-personnel -pursuant to Government Code Section 54957. Cni
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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 o
public facilities -pursuant to Government Code Section 54957.
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F. Conference with labor negotiator - pursuant to Government Code Section
54957.6.
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G. Conference with real property negotiator - pursuant to Government Code Section ti
54956.8. M
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Closed Session Announcement
Senior Assistant City Attorney Grider announced that during closed session the Council voted to s
authorize settlement of the bankruptcy appeal in the Munoz v. City of San Bernardino case for r
$95,000 with a vote of 6 to 0. Q
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 Reverend David Nagler from the Central City Lutheran Mission.
The Pledge of Allegiance was led by Essence Stallworth, a fifth grade student from Kendall
!% Elementary School.
Mayor and Common Council of the City of San Bernardino Page 2
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Joint Regular Meeting Minutes March 17, 2014
2. Appointments
2A. Mayor's Office
Appointment of Matthew Martel to the Measure Z Citizens Oversight Committee -
Council Member Henry Nickel
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Motion: Approve the appointment of Matthew Martel to the Measure Z Citizens
Oversight Committee as requested by Council Member Henry Nickel.
RESULT: ADOPTED [UNANIMOUS] 00:17:331
I MOVER: Fred Shorett, Council Member, Ward 4 0
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SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Shorett,Nickel,Johnson, Mulvihill
ABSENT: John Valdivia ;
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2B. Mayor's Office =
Appointment of Barbara Sky to the Human Relations Commission - Council Member
Henry Nickel
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Motion: Approve the appointment of Barbara Sky to the Human Relations v
Commission as requested by Council Member Henry Nickel.
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RESULT: ADOPTED [UNANIMOUS] 00:17:33
MOVER: Fred Shorett, Council Member, Ward 4 N�
SECONDER: Virginia Marquez, Council Member, Ward 1 Ji
AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill
ABSENT: John Valdivia
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2C. Mayor's Office
Appointment of Randy Wilson to the Board of Police Commissioners - Council Member
Henry Nickel N
Motion: Approve the appointment of Randy Wilson to the Board of Police c
Commissioners as requested by Council Member Henry Nickel.
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RESULT: ADOPTED [UNANIMOUS] 00:17:33
MOVER: Fred Shorett, Council Member, Ward 4
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SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill
ABSENT: John Valdivia
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Approximate time of motion/second,according to timestamp on meeting video posted on the City's web site
Mayor and Common Council of the City of San Bernardino Page 3
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Joint Regular Meeting Minutes March 17, 2014
2D. Mayor's Office
Appointment of Lynette Kaplan to the Fine Arts Commission - Council Member Henry
Nickel
Motion: Approve the appointment of Lynette Kaplan to the Fine Arts Commission
as requested by Council Member Henry Nickel.
f RESULT: ADOPTED [UNANIMOUS] 00:17:33
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Virginia Marquez, Council Member,Ward 1
AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill N
ABSENT: John Valdivia v
2E. Mayor's Office '
Re-Appointment of Louella Deetz to the Bureau of Franchises - Council Member Henry
Nickel =
Motion: Approve the re-appointment of Louella Deetz to the Bureau of Franchises
as requested by Council Member Henry Nickel.
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RESULT: ADOPTED [UNANIMOUS] 00:17:33
MOVER: Fred Shorett, Council Member, Ward 4 v
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SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill a
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ABSENT: John Valdivia
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2F. Mayor's Office
Appointment of Robert Edwards to the Board of Building Commissioners - Council
Member Henry Nickel
Motion: Approve the appointment of Robert Edwards to the Board of Building r
Commissioners as requested by Council Member Henry Nickel.
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RESULT: ADOPTED [UNANIMOUS] 00:17:33 c
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Virginia Marquez, Council Member, Ward 1 E
AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill R
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ABSENT: John Valdivia a
2G. Mayor's Office
Re-Appointment of Nicholas Cataldo to the Historical Preservation Commission -
Council Member Henry Nickel
Motion: Approve the re-appointment of Nicholas Cataldo to the Historical
Preservation Commission as requested by Council Member Henry Nickel.
Mayor and Common Council of the City of San Bernardino Page 4
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Joint Regular Meeting Minutes March 17, 2014
RESULT: ADOPTED [UNANIMOUS] 00:17:33
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Virginia Marquez, Council Member,Ward 1
AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill
ABSENT: John Valdivia
2H. Mayor's Office
Appointment of Joyce Seeger to the Senior Affairs Commission- Council Member Henry
Nickel o
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Motion: Approve the appointment of Joyce Seeger to the Senior Affairs
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Commission as requested by Council Member Henry Nickel.
RESULT: ADOPTED [UNANIMOUS] 00:17:33
MOVER: Fred Shorett, Council Member, Ward 4 c
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Shorett,Nickel,Johnson, Mulvihill
ABSENT: John Valdivia v
2I. Mayor's Office
Appointment of Dorothy Garcia to the Fine Arts Commission - Council Member Fred
Shorett a�
Motion: Approve the appointment of Dorothy Garcia to the Fine Arts Commission ^i
as requested by Council Member Fred Shorett.
RESULT: ADOPTED [UNANIMOUS] 00:17:33
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Virginia Marquez, Council Member,Ward 1
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AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill N
ABSENT: John Valdivia �`-
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3. Presentations
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3A. 6th Unveiling of the Hometown Heroes Military Banners -- Council Member
Johnson Q
3B. Women's History Month -- Girl Scouts --Hardy Brown,II
3C. Citizen of the Month -- Pregnancy and Family Resource Center -- Lisa Joy Stiefken,
Director-- Council Member Nickel on behalf of Council Member Valdivia
3D. Student of the Month--Lou Chen, Cajon High School-- Council Member Nickel
Mayor and Common Council of the City of San Bernardino Page 5
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Joint Regular Meeting Minutes March 17, 2014
3E. Inland Fair Housing and Mediation Board Programs and Services for the City of
San Bernardino --Amber Sommerville,Education and Media Coordinator
4. Announcements -- Chamber of Commerce & Elected Officials
5. Consent Calendar
5A. City Clerk
Waive Full Reading of Resolutions and Ordinances
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Motion: Waive full reading of resolutions and ordinances on the agenda dated N
March 17, 2014. y
RESULT: ADOPTED [UNANIMOUS] 01:57:40
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MOVER: Fred Shorett, Council Member, Ward 4 °3
SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill —
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5B. City Attorney v
RES. 2014-54 — Resolution of the Mayor and Common Council of the City of San LO
Bernardino Authorizing the Execution of an Engagement of Legal Services Letter and
Waiver of Conflict Letter Between Wendel Rosen Black & Dean and the City of San
Bernardino for Legal Services in the MedCal Tax Allocation Matter. Cni
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Motion: Adopt the Resolution.
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RESULT: ADOPTED [UNANIMOUS] 01:57:40 o
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MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
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5C. City Manager
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Discussion of the Commercial Building Rehabilitation Program and Small Business °
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Facade Program of the HUD Action Plan
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Public Comments:
Jay Lindberg, San Bernardino a
Motion: Continue to May 5, 2014.
RESULT: CONTINUED [UNANIMOUS] Next: 5/5/2014 2:00 PM
MOVER: John Valdivia, Council Member, Ward 3 02:00:16
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SECONDER: Fred Shorett, Council Member, Ward 4
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AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
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Mayor and Common Council of the City of San Bernardino Page 6 a7,
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Joint Regular Meeting Minutes March 17, 2014
5D. Civil Service
Personnel Actions—Classified
Public Comments:
Jay Lindberg, San Bernardino
Pastor Jones, San Bernardino
Motion: Approve the classified personnel actions (Revised 3117114), 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. o
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RESULT: ADOPTED [UNANIMOUS] 02:07:43
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios,Valdivia, Shorett,Nickel, Johnson, Mulvihill
5E. Community Development c
RES. 2014-55 — Resolution of the Mayor and Common Council of the City of San v
Bernardino Amending Resolution 2005-363, Establishing the Application Process,
Review Procedures, and Required Contract Provisions for the Implementation of a Mills
!"1 Act Program in the City of San Bernardino. L
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Public Comments:
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Nick Cataldo, Historical Preservation Commission Chair
Jim Smith, Historical Preservation Commission Member
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Motion: Adopt the Resolution.
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RESULT: ADOPTED [5 TO 21 02:22:29
MOVER: James Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5 N
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AYES: Barrios, Shorett,Nickel, Johnson, Mulvihill
NAYS: Virginia Marquez, John Valdivia
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5F. Community Development
RES. 2014-56 — Resolution of the Mayor and Common Council of the City of San
Bernardino Approving the Use of the City Seal on Plaques Installed on Properties to a
Recognize that Said Properties Are Part of the City's Mills Act Program.
Motion: Adopt the Resolution.
Mayor and Common Council of the City of San Bernardino Page 7 ' ,"
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Joint Regular Meeting Minutes March 17, 2014
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RESULT: ADOPTED [UNANIMOUS] 01:57:40
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Barrios,Valdivia, Shorett,Nickel, Johnson, Mulvihill
5G. Finance
Approval of Check Warrants and Payroll Checks
Motion: Approve the claims and payroll and authorize the issuance of warrants as
listed. o
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RESULT: ADOPTED [UNANIMOUS] 01:57:40
MOVER: Fred Shorett, Council Member, Ward 4 ;
SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill c
5H. Finance
RES. 2014-57 — Resolution of the Mayor and Common Council of the City of San v
Bernardino Authorizing the Execution of an Agreement Between the City of San Ln
Bernardino and Macias, Gini & O Connell L.L.P. (MGO, Certified Public Accountants rn
LLP) for the Provision of Financial Auditing Services.
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Motion: Adopt the Resolution. y�
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RESULT: ADOPTED [UNANIMOUS] 01:57:40
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Barrios,Valdivia, Shorett,Nickel, Johnson, Mulvihill
5I. Fire N
RES. 2014-58 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of Amendment Number One to the Purchase o
Agreement Between the City of San Bernardino and Allstar Fire Equipment, Inc. to c
Increase Annual Purchase Order Number 2014-00000298 by $15,300 for an Amount Not E
to Exceed $60,300 for the Replacement of Lion Janesville Structural Firefighting 0
Turnouts.
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Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 01:57:40
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
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Mayor and Common Council of the City of San Bernardino Page 8
Joint Regular Meeting Minutes March 17, 2014
5J. 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.
RESULT: ADOPTED [UNANIMOUS] 00:09:48
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill N
ABSENT: John Valdivia
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5K. Mayor's Office
RES. 2014-59 – Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Formation of a Volunteer Citizen-Based Charter Committee c
and Directing the City Manager to Initiate a Request for Qualifications for a Consultant
Specializing in Charter Reform. (Continued from March 11,2014)
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Council Member Shorett submitted into the record an article that appeared in the Press �?
Enterprise, by Cassie MacDuff, dated March 15, 2014, entitled, "Charter Reform Takes v
Some Time to do Right." N
Changes to the resolution were suggested and discussed by the Council.
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Council Member Valdivia made a motion to adopt the Resolution, as amended, adding
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language to Section IA, items 1 and 2, that appointees shall be registered voters and
residents of the City; deleting the tie vote provision in Section 1D; and that the committee
include one representative from the San Bernardino Police Officers Association, one
representative from the San Bernardino Professional Firefighters Association, and one
representative from the General Unit. The motion died for lack of a second.
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Public Comments: ti
Jane Sneddon, San Bernardino
Shirley Harlan, San Bernardino
John Matley, San Bernardino
Jim Smith,Highland, E
Jay Lindberg, San Bernardino v
Pastor Jones, San Bernardino Q
Scott Olson, San Bernardino
Richard Castro, San Bernardino
Motion: Adopt the Resolution, as amended, adding language to Section IA, items
1-3, that appointees shall be registered voters and residents of the City;
eliminating the tie vote provision in Section 1D; and adding language to
Section 1G that meetings shall be held in the EDA Boardroom.
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RESULT: ADOPTED [UNANIMOUS] 02:55:35
MOVER: Fred Shorett, Council Member,Ward 4
SECONDER: John Valdivia, Council Member, Ward 3
I AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
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5L. Parks, Recreation & Community Services
RES. 2014-60 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Allocation of Additional Funds in the Amount of $28,000
from Unappropriated General Fund Revenues for the Senior Nutrition Program for c
FY2013-2014 to Continue the Meal Program for Senior-Age Recipients and Authorizing
the Director of Administrative Services to Increase Annual Purchase Orders for Two 2-
Food Vendors (Sysco and FS Dairy) for Budget Period Two of County DAAS Contract
#13-546 Al by$28,000 to an Aggregate Amount of$83,639. N
Public Comments:
Shirley Harlan, San Bernardino
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Motion: Adopt the Resolution. o
RESULT: ADOPTED [UNANIMOUS] 03:35:02
MOVER: John Valdivia, Council Member, Ward 3 N
SECONDER: Fred Shorett, Council Member, Ward 4 a,
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill co
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5M. Parks, Recreation & Community Services o
RES. 2014-61 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the City Manager to Execute a Vendor Services Agreement and
the Director of Administrative Services to Issue a Purchase Order in the Amount of
$28,600 to Commercial Aquatic Services for the Replacement of a Two-Tank
Commercial Pool Filtration System at the Hernandez Pool. N
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Council Member Marquez made a motion, seconded by Council Member Valdivia, to c
continue to April 7, 2014. Council Member Marquez subsequently withdrew her
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Public Comments:
Pastor Jones, San Bernardino a
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 03:42:45
MOVER: Virginia Marquez, Council Member, Ward 1
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel,Johnson, Mulvihill
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5N. Parks,Recreation & Community Services
RES. 2014-62 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of Amendment No. One to the Vendor Services
Agreement Between the City of San Bernardino and EZ Sunnyday Landscape for Park
Maintenance Services.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 01:57:40
MOVER: Fred Shorett, Council Member, Ward 4
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SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 2
50. Parks, Recreation & Community Services
RES. 2014-63 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of Amendment No. One to the Vendor Services
Agreement Between the City of San Bernardino and Service Scape for Park Maintenance
Services. _
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Motion: Adopt the Resolution. U
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RESULT: ADOPTED [UNANIMOUS] 01:57:40
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Rikke Johnson, Council Member, Ward 6 y�
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
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5P. Parks, Recreation & Community Services
RES. 2014-64 — Resolution of the Mayor and Common Council of the City of San
Bernardino Ratifying the Submittal of Year Two of a Three-Year Grant Application with
E the Corporation for National and Community Service, in the Amount of $47,310 to
Continue the Administration and Operation of the Retired and Senior Volunteer Program N
for the Period of April 1, 2014 through March 31, 2015.
Motion: Adopt the Resolution. °
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RESULT: ADOPTED [UNANIMOUS] 01:57:40 _
MOVER: Fred Shorett, Council Member, Ward 4 w
SECONDER: Rikke Johnson, Council Member, Ward 6 a
AYES: Marquez, Barrios,Valdivia, Shorett,Nickel, Johnson, Mulvihill
5Q. Police
RES. 2014-65 — 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 Geri's Screenprinting, LLC in the Amount of$857.34 Using Account Number
772-2327.212 for the Purchase of Dollars 4 Dogs Commemorative T-Shirts.
Motion: Adopt the Resolution.
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RESULT: ADOPTED [UNANIMOUS] 01:57:40
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Barrios,Valdivia, Shorett,Nickel, Johnson, Mulvihill
5R. Police
RES. 2014-66 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Increase of Purchase Order Number 2014-00000463, Issued
to Victor Medical, to an Amount Not to Exceed $36,790 Utilizing Unspent Funds in the N
Animal Control Budget for the Purchase of Vaccinations, Medication, and Disinfectant.
Public Comments:
Sharon Blechinger of H.E.A.L. N
Motion: Adopt the Resolution. E
RESULT: ADOPTED [UNANIMOUS] 03:50:44
MOVER: John Valdivia, Council Member, Ward 3 0
SECONDER: Virginia Marquez, Council Member, Ward 1 LO
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill N
5S. Public Works co
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RES. 2014-67 — Resolution of the Mayor and Common Council of the City of San !
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Bernardino Authorizing the Submittal of the Waste Tire Cleanup Grant Application from 2
the Department of Resources Recycling and Recovery(CalRecycle).
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Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 01:57:40 r
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MOVER: Fred Shorett, Council Member,Ward 4
SECONDER: Rikke Johnson, Council Member, Ward 6 ,
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill I o
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6. Public Hearings
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6A. Public Works
RES. 2014-68 — A Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing 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 Authorizing the Levy
of a Special Tax and Submitting the Levy of Tax to the Qualified Electors; and
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RES. 2014-69 — A Resolution of the Mayor and Common Council of the City of San
Bernardino Calling a Special Election and Submitting to the Voters of Annexation No. 8
of City of San Bernardino Community Facilities District No. 1033 Propositions
Regarding the Annual Levy of Special Taxes Within Annexation No. 8 and the
Establishment of an Appropriations Limit; and
RES. 2014-70 — A Resolution of the Mayor and Common Council of the City of San
Bernardino Making Certain Findings, Certifying the Results of an Election and Adding
Property to Community Facilities District No. 1033, Annexation No. 8.
Mayor Davis opened the hearing. c
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Council Member Shorett asked staff to explain why this requires a vote of the property
owners in the area.
Robert Eisenbeisz, City Engineer, explained that a vote is required because this item is an
annexation into a community facilities district which is really an assessment district. He
stated that there will be an assessment on the property taxes for the parcels that are g
joining the district. He informed the Council that this was a mitigation measure that was
identified as part of the CEQA process. There is an area map of all the properties within o
that area that are served by the Fire Station, so as a mitigation measure, this was adopted v
in order to facilitate the development that has occurred since that time. Mr. Eisenbeisz
stated that as new properties are developed, they have a choice of either joining the N
district or they can pay an in-lieu fee of the fair share cost toward that station; however,
most developers choose to join the district as opposed to paying the in-lieu fee.
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Council Member Shorett asked staff to explain how the fee is established.
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Mr. Eisenbeisz stated that the fee is a formula based on square footage of the building in
the case of industrial or commercial property, or on dwelling units if it's residential
property. The in-lieu fee is a one-time fee; and the assessment is an annual formula-
based tax assessment, both of which were established based on a nexus study that's done
on the area available for development at the time it was established.
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Mr. Eisenbeisz stated that if there are any vacant parcels as part of the map, then the
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assessments don't occur until the building permits are actually pulled for the building. In c
this case,he stated that the buildings may already be going up, so it would pretty much be
7 immediate, and it would be assessed in the following tax year. t
Mayor Davis asked the City Clerk to tabulate the election results. a
City Clerk Hanna advised that four ballots had been received and the votes were in favor
of both Proposition A and Proposition B.
Pursuant to Resolution No. 2000-279, City Clerk Hanna administered an oath to those
individuals wishing to speak on the matter that they would provide true and honest
testimony.
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( Public Comments:
E Chris Sanford, Representative of Hillwood and Cajon Creek Building 1 LLC, the
property owner of the subject property, spoke in support of the annexation into the CFD
No. 1033.
Motion: Close the hearing; and adopt the Resolution approving Annexation No. 8;
adopt the Resolution Calling the Special Election; and adopt the
Resolution Certifying the Results of an Election.
RESULT: ADOPTED [6 TO 11 01:55:02
MOVER: Rikke Johnson, Council Member, Ward 6 T
SECONDER: James Mulvihill, Council Member, Ward 7 N
AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill 2-
NAYS: John Valdivia
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7. Staff Reports
7A. Council Office
Election of Mayor Pro Tempore
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Motion: Elect Council Member Virginia Marquez to serve as Mayor Pro Tempore LO
until March 16, 2015. N
RESULT: ADOPTED [UNANIMOUS] 03:55:10 a�
MOVER: Fred Shorett, Council Member, Ward 4 U)
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill o
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7B. Parks,Recreation & Community Services
RES. 2014-71 — Resolution of the Mayor and Common Council of the City of San
Bernardino Ratifying the Receipt of a Sponsorship in the Amount of $25,000 from the c
Coca Cola Foundation to Purchase and Install an Outdoor Fitness Station at Lytle Creek
Park and Sponsor the Parks & Recreation Department's 2014 Spring Youth Basketball
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League that Offers Youth Ages 7 Yrs. to 17 Yrs. a 70% Discounted Registration Fee. °
Public Comments: E
John Tang,Representative of Coca-Cola
Shirley Harlan, San Bernardino Q
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 03:59:35
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios,Valdivia, Shorett,Nickel, Johnson, Mulvihill
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7C. Police
Animal Control Presentation to the Mayor and Common Council of the City of San
Bernardino
Sergeant Adam Affrunti presented the report to the Mayor and Council.
Public Comments:
Page Miller, Founder of the Paige Project
Sharon Blechinger of H.E.A.L.
Consensus: Receive and file. r
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7D. Successor Agency
Authorization to Reimburse the Housing and Urban Development Department in the g
Amount of $759,255.84 for a Draw Done on Home Investment Partnership Program
(HOME) Funds During Fiscal Year 2011-2012
Motion: Authorize the Director of Administrative Services to wire transfer an 2
amount not to exceed $759,255.84 to Housing and Urban Development
Line of Credit for reimbursement of funds drawn in error. o
__ _ ---- ---_......-_.. _ L)
RESULT: ADOPTED [UNANIMOUS] 04:57:14
MOVER: Fred Shorett, Council Member, Ward 4 N
SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Barrios,Valdivia, Shorett,Nickel, Johnson, Mulvihill I co
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8. Public Comments on Items Not on the Agenda o
Shirley Harlan, San Bernardino, spoke about the 011ie McDonald Senior Talent
Showcase at the Sturges Center for the Fine Arts on Saturday, March 22, 2014.
Dannell Duran, speaking on behalf of Irma Forward, announced that the Women's Club c
of San Bernardino would be hosting their annual Prayer Breakfast on Friday, March 28,
2014.
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Page Miller asked whether San Bernardino really needs fireworks and said she is
supportive of banning them and there are other means for non-profits to make money; s
said the council should consider meeting weekly; asked the council to support the police
department's efforts to deal with panhandlers and the homeless issue and asked if it could a
be mandated that people must have a residence in San Bernardino.
Larry Guidry, San Bernardino, spoke about the park clean up that took place at Nunez
and Secommbe Lake Parks last weekend. He thanked all the volunteers, including those
from the Urban Conservation Corps, Mayor Davis, Council Member Marquez, and City
employees.
Robert Porter, San Bernardino, spoke about the history of the arrowhead and said it
could attract tourists to the area.
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Bill Sandefur, San Bernardino, spoke about the successful community park clean up at
Nunez and Secommbe Lake Parks.
Irene Amadi, San Bernardino, spoke about crime problems near the property she
purchased in 2006 in the Operation Phoenix area, at 1505 Sepulveda Avenue, which she
said are worse than when she first bought her property. She said she cannot rent out the
property because of the people who hang out there and asked for help for her and the
other property owners.
Alex Torres, San Bernardino, spoke about the bacterial stench at Mill Street and Mt.
Vernon Avenue being produced by Co-West Commodities. N
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Pastor Eddie Jones, San Bernardino, thanked Council Member Mulvihill for appointing
him to the Human Relations Commission; and advised people to be prepared for
earthquakes.
Jay Lindberg, San Bernardino, handed out a piece he wrote about the second =
amendment; and spoke about the connection between NAFTA and crime rates.
Carolyn Conley, San Bernardino, thanked the council members and Mayor Davis for the v
work they are doing in the community; and stated that the Council should schedule ride-
alongs with Code Enforcement officers in order to get a better idea of what they have to Iq
deal with.
Jim Smith, Highland, thanked the Council for their involvement in Hometown Heroes NI
and congratulated the new police chief and mayor pro-tem.
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9. Adjournment °
The meeting adjourned at 9:42 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, April 7, 2013.
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GEORGEANN "GIGI" HANNA
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City Clerk
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By
Linda Sutherland a
Deputy City Clerk
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