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DOC ID: 3514
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Report/Information
From: Georgeann "Gigi" Hanna M/CC Meeting Date: 10/06/2014
Prepared by: Georgeann "Gigi" Hanna,
Dept: City Clerk Review Ward(s): All
Subject:
Council Minutes - August 4, 2014; August 7, 2014; and August 18, 2014 (#3514)
Current Business Registration Certificate: Not Applicable
Financial Impact:
None.
Motion: Approve the Minutes of the Mayor and Common Council Meetings of August 4,
2014; August 7, 2014; and August 18, 2014.
Synopsis of Previous Council Action:
None.
Background:
None.
Supportiniz Documents:
08-04-2014 Jt. Reg. (Draft)_LS_gh (DOC)
08-07-2014 Jt. Adj. Reg. (Draft)_LS_gh (DOC)
08-18-2014 Jt. Reg.(Draft)_VM_LS_gh (DOC)
Updated: 9/29/2014 by Linda Sutherland Packet Pg. 57
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luN=R D'�o City of San Bernardino Mayor R. Carey Davis
SQ` 300 North "D" Street Council Members
Virginia Marquez
° m San Bernardino, CA 92418 Benito Barrios
http://www.sbcity.org John Valdivia
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Fred Shorett
D tK Henry Nickel
Rikke Johnson
James L. Mulvihill
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DRAFT MINUTES N
N
JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL =
OF THE CITY OF SAN BERNARDINO a
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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 T
AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY M
AND
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MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING
AS THE HOUSING AUTHORITY
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MONDAY,AUGUST 4, 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 R. Carey Davis at 2:05 p.m., Monday, August 4, 2014, in the N
Council Chamber of City Hall, 300 North "D" Street, San Bernardino, California.
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Roll Call ..
Attendee Name _ � Title Status _ Arrived E
_ _ _. _
Virginia Mar_uez _ Council Member, Wa Present �,
q rd 1 2:00 p.m.
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Benito J. Barrios ! Council Member, Ward 2 Present 2:00 p.m. a
John alia Council Member, Ward 3 Present 2:20 p.m.
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Fred Shorett Council Member, Ward 4 Present 2:00 p.m.
Henry Nickel Council Member, Ward 5 j Present 2:00 p.m.
Rikke Johnson _ Council Member, Ward 6 Presenter 2:00 p.m.
James Mulvihill Council Member, Ward 7 Present ; 2:00 p.m.
R. Carey Davis � __.a._ M ayor _ ' Present 2:00
Georgeann "Gigi" Hanna_ City Clerk Present 2:00 p.m.
Allen Parker City Manager _ I 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 I
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Joint Regular Meeting Minutes August 4, 2014
1. Closed Session —Pursuant to Government Code Sections(s):
- Government Code
A. Conference with legal counsel existing litigation - pursuant to Go
Section 54956.9(a):
In re: City of San Bernardino - U.S. Bankruptcy Court, Case No. 6:12-bk-28006
MJ;
SBCPFF, Local 891, et al. v. City of San Bernardino, et al. - San Bernardino
Superior Court, Case No. 1007709.
B. Conference with legal counsel - anticipated litigation - significant exposure to
litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code N
Section 54956.9.
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C. Conference with legal counsel - anticipated litigation - initiation of litigation - Q
pursuant to subdivision(c) of Government Code Section 54956.9:
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One item
D. Closed Session-personnel -pursuant to Government Code Section 54957:
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City Manager
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E. Closed session with Chief of Police on matters posing a threat to the security of CI
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 a,
54957.6.
G. Conference with real property negotiator - pursuant to Government Code Section �+
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54956.8. N
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Closed Session Announcement °
City Attorney Saenz announced that during closed session the Council voted unanimously to
approve an increase in outside attorney fees in the case of SBCPFF, Local 891, et al. v. City of E
San Bernardino, et al. — San Bernardino Superior Court, Case No. 1007709.
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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.
Invocation/Pledge of Allegiance
The invocation was given by Major Daniel Henderson from the Salvation Army. The Pledge of
Allegiance was led by Katelyn Johns, a seventh grade student at Cesar Chavez Middle School.
Mayor and Common Council of the City of San Bernardino Page 2
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Joint Regular Meeting Minutes August 4, 2014
2. Appointments
2A. Mayor's Office
Appointment of Allen Bone to the Historical Preservation Commission - Mayor R. Carey
Davis
Motion: Approve the appointment of Allen Bone to the Historical Preservation
Commission as requested by Mayor R. Carey Davis.
RESULT: ADOPTED [UNANIMOUS] 00:02:591
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4 0
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill N
2B. Mayor's Office Q
Appointment of Cassie R. Levy to the Animal Control Commission - Mayor R. Carey U)
Davis
Motion: Approve the appointment of Cassie R. Levy to the Animal Control
Commission as requested by Mayor R. Carey Davis.
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RESULT: ADOPTED [UNANIMOUS] 00:02:59 M
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MOVER: John Valdivia, Council Member, Ward 3 cn�
SECONDER: Fred Shorett, Council Member, Ward 4 ^i
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
3. Presentations _'
3A. Certificate of Recognition -- Tachikawa Visitors --Mayor Davis
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3B. Certificates of Recognition -- Summer Fridays Breakfast Beat — Police Chief c
Burguan o
4. Announcements -- Chamber of Commerce & 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
August 4, 2014.
' Timestamp indicates time when motion/second was made,according to meeting video posted on the City web site.
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Joint Regular Meeting Minutes August 4, 2014
RESULT: ADOPTED [UNANIMOUS] 00:37:27
MOVER: Rikke Johnson, Council Member, Ward 6
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
513. City Attorney
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the City Manager to Execute a Memorandum of Understanding with the
National Orange Show.
Motion: Continue to Tuesday, September 2, 2014. N
RESULT: CONTINUED [UNANIMOUS] Next: 9/2/2014 2:00 PM
MOVER: Rikke Johnson, Council Member, Ward 6 00:37:27 a
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
5C. City Attorney r
I Resolution of the Mayor and Common Council of the City of San Bernardino Suspending Ln
the Provisions of Chapter 1.12 of the San Bernardino Municipal Code Relating to s
Background Checks for Operator's Permits. cnI
Council Member Shorett made a motion, seconded by Council Member Valdivia, to �
adopt the Resolution. The vote was taken following further discussion. o
Council Member Marquez stated that there are specific individuals that need to be
fingerprinted such as an ice cream vendor who will potentially come across children.
Council Member Valdivia stated that the Municipal Code applies to hotels, motels, drive-
through dairies, food establishments and liquor dispensaries as a preventative measure to N
reduce human and drug trafficking. He stated that the Council may want to discuss this o
matter at the Legislative Review Committee in the future. o
Chief Assistant City Attorney Grider stated that the Council could amend the resolution
by interlineation and add language to exempt any business dealing with children.
Council Member Nickel asked what happens at the conclusion of the 120-day suspension.
Ms. Grider stated that her understanding was that it would go back to the committee and
they would decide whether to amend or delete the section or leave it as it is.
Council Member Nickel suggested that they allow the City Attorney to come back with
some recommendations, defer the matter to the committee for review, and then bring it
back to the full Council.
Council Member Shorett stated that the intent was to take action now in order to allow
businesses to open without further delay.
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Joint Regular Meeting Minutes August 4, 2014
City Attorney Saenz stated that the City Attorney's office could prepare a draft amending
the code section and present that at a committee meeting in 30 days.
Public Comments:
Deanna Adams, San Bernardino
Ed Parker
Jim Smith, Highland
Amended
Motion: Adopt the Resolution; and refer to the Legislative Review Committee in
30 days.
RESULT: ADOPTED [UNANIMOUS] 00:44:18 N
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member, Ward 3
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AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
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5D. City Manager
Resolution of the Mayor and Common Council of the City of San Bernardino Amending
the Regulatory Agreement and Declaration of Restrictive Covenants in Place at "Tuscany
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Apartments" (2225 Pumalo Street).
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Public Comments: Ni
N%NPI Ron Coats, San Bernardino
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Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 01:11:12
MOVER: James Mulvihill, Council Member, Ward 7
SECONDER: John Valdivia, Council Member, Ward 3
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AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill N
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5E. City Manager
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the Execution of Amendment No. 1 to the Professional Services Agreement =
with Westbound Communications, Inc. for Management of the City's Communications
Need. a
Council Member Mulvihill made a motion, seconded by Council Member Shorett, to
authorize the City Manager to send out an RFQ. The vote was taken following further
discussion.
Council Member Valdivia suggested extending the contract for $24,999, and authorizing
the City Manager to send out an RFQ.
Council Member Shorett proposed increasing the amount to $25,000.
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Joint Regular Meeting Minutes August 4, 2014
Public Comments:
Deanna Adams, San Bernardino
Al Palazzo, San Bernardino
Carrie Gilbreth, Sr. Vice President, General Manager and partner of Westbound
Communications, Inc.
Jason Houchen, San Bernardino
Amended
Motion: Adopt the Resolution; extend the contract for an additional $25,000; and
authorize the City Manager to send out an RFQ.
RESULT: ADOPTED [UNANIMOUS] 01:25:14
MOVER: James Mulvihill, Council Member, Ward 7 N
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill t
5F. Civil Service
Personnel Actions - Classified c
Motion: Approve the classified personnel actions, as submitted by the Chief
Examiner, in accordance with Civil Service rules and Personnel policies
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adopted by the Mayor and Common Council of the City of San
OWN Bernardino.
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RESULT: ADOPTED [UNANIMOUS] 00.37:27 co
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MOVER: Rikke Johnson, Council Member, Ward 6
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SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
5G. Community Development
Resolution of the Mayor and Common Council of the City of San Bernardino Extending N
the Current Development Impact Fee (DIF) Reduction on Residential Development for c
an Additional 24 Months or Until the City Issues Building Permits for 150 Single-Family o
Homes, Whichever Occurs First, and Repealing Resolution Nos. 2010-266, 2010-268 and
2012-34.
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Council Member Nickel made a motion, seconded by Council Member Valdivia, to adopt w
the Resolution, allow the fee reductions for Police and Fire to sunset, and maintain the Q
reductions on the remainder of the fees. The vote was taken following further
discussion.
Council Member Shorett stated that he wanted it to be clear that the trigger point is 150
permits or 24 months, whichever comes first.
Public Comments:
Al Palazzo, San Bernardino
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Motion: Adopt the Resolution, as amended, allowing the fee reductions for
and Fire to sunset; and maintaining the reductions on the remainder of the
fees.
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Joint Regular Meeting Minutes August 4, 2014
,%NOW, RESULT: ADOPTED [5 TO 21 02:09:34
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Barrios, Valdivia, Shorett,Nickel, Johnson
NAYS: Virginia Marquez, James Mulvihill
5H. Finance
Approval of Checks Warrants and Payroll Checks
Motion: Approve the claims and payroll and authorize the issuance of warrants as v
listed. o
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RESULT: ADOPTED [UNANIMOUS] 00:37:27
MOVER: Rikke Johnson, Council Member, Ward 6 a
SECONDER: John Valdivia, Council Member, Ward 3 a
AYES: Marquez, Barrios,Valdivia, Shorett,Nickel, Johnson, Mulvihill c
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5I. Human Resources
Personnel Actions -Unclassified (#2851)
Motion: Approve the unclassified personnel actions, as submitted by Human
Resources, in accordance with City policies and procedures. ^i
RESULT: ADOPTED [UNANIMOUS] 00:37:27 ' o
MOVER: Rikke Johnson, Council Member, Ward 6
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
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5J. Human Resources °
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Resolution of the Mayor and Common Council of the City of San Bernardino °
Authorizing Updates to the Operations and Maintenance Division Manager (U) Job
Description. _
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Motion: Adopt the Resolution. a
RESULT: ADOPTED [6 TO 11 02:31:55
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill
NAYS: John Valdivia
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5K. Human Resources
Resolution of the Mayor and Common Council of the City of San Bernardino
Establishing the Position of Deputy City Manager (U) and Approving the Job
Description.
Public Comments:
Deanna Adams, San Bernardino
Joe Ortiz, San Bernardino
Scott Olson, San Bernardino
Motion: Adopt the Resolution.
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RESULT: ADOPTED 16 TO 11 02:34:00
MOVER: Rikke Johnson, Council Member, Ward 6 y
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SECONDER: Fred Shorett, Council Member, Ward 4 Q
AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill N
NAYS: John Valdivia
5L. Human Resources
Resolution of the Mayor and Common Council of the City of San Bernardino M
Establishing the Position of Regulatory Compliance Analyst and Approving the Job
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Description. �
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Public Comments:
Joe Ortiz, San Bernardino 2-
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Motion: Adopt the Resolution.
RESULT: ADOPTED [5 TO 11 02:44:10
MOVER: James Mulvihill, Council Member, Ward 7 c
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SECONDER: Fred Shorett, Council Member, Ward 4 c
AYES: Marquez, Barrios, Shorett,Nickel, Mulvihill o
NAYS: John Valdivia
ABSENT: Rikke Johnson E
5M. Information Technology
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 Issuance
of an Annual Purchase Order for Maintenance of the Police Department's Downtown
Camera Protection Zone System to CelPlan Inc.
Motion: Adopt the Resolution.
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RESULT: ADOPTED [UNANIMOUS] 00:37:27
MOVER: Rikke Johnson, Council Member, Ward 6
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
5N. Information Technology
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 Issuance
of an Annual Purchase Order for Maintenance of the Police Document Imaging System
Workflow Software and Scanning Station Hardware/Software to ECS Imaging, Inc.
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Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 00:37:27 a
MOVER: Rikke Johnson, Council Member, Ward 6
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
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50. Parks, Recreation & Community Services
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the City Manager to Execute a Letter of Intent and Contract Agreement
Between the City of San Bernardino and KaBOOM to Build a Playground at Ninth Street ^i
Park.
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Public Comments:
Nick Gonzalez, San Bernardino
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 02:46:45
MOVER: Virginia Marquez, Council Member, Ward 1
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SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
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5P. Parks Recreation & Community Services a
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the City Manager to Execute the Vendor Services Agreements Between the
City of San Bernardino and Inland Empire Landscape, Inc. for Park Maintenance,
Restroom Maintenance, and Trash Service at the City's North Park Sites and Between the
City of San Bernardino and RP Landscape for Park Maintenance, Restroom Maintenance,
and Trash Service at the City's Central and South Park Sites.
Motion: Adopt the Resolution.
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RESULT: ADOPTED [UNANIMOUS] 00:37:27
MOVER: Rikke Johnson, Council Member, Ward 6
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
5Q. Parks, Recreation & Community Services
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the Director of Finance to Transfer $64,000 from the Parks Landscape
Contracts Account #001-380-0072-5506 to the Part-Time Salaries Account #001-380- _
0072-5014, and to Transfer $36,000 from the Cemetery Landscape Contracts Account
#106-380-0001-5506 to the Cemetery Part-Time Salaries Account#106-380-0001-5014.
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Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 00:37:27
MOVER: Rikke Johnson, Council Member, Ward 6
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
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5R. Police
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the Application for the Allocated FY 2014/2015 Homeland Security Grants
Funds. R
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Motion: Adopt the Resolution. a,
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RESULT: ADOPTED [UNANIMOUS] 00:37:27
MOVER: Rikke Johnson, Council Member, Ward 6 t
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SECONDER: John Valdivia, Council Member, Ward 3 N
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AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
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5S. Police
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the Formal Bid Process for Evidence Collection Services and the Issuance of
a Purchase Order to Law Enforcement Medical Services. Q
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 00:37:27
MOVER: Rikke Johnson, Council Member, Ward 6
SECONDER: John Valdivia, Council Member, Ward 3
luAYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
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ST. Police
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the Transfer of$26,000 from Account 772-2350 to Revenue Account 124-
210-0000*4690 and Appropriate $26,000 to the FY 2014/2015 Budget, and Issue
Purchase Orders to Western University and General Dog & Cat Hospital.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 00:37:27
MOVER: Rikke Johnson, Council Member, Ward 6
SECONDER: John Valdivia, Council Member, Ward 3 ;;F
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AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill N
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5U. Public Works Q
Resolution of the Mayor and Common Council of the City of San Bernardino N
Authorizing the Execution of a Vendor Service Agreement and Issuance of an Annual
Purchase Order in the Amount of $58,000 with Two (2) One-Year Extensions at the =
City's Option to Stock All Services for the Manufacture and Repair of Hydraulic
Cylinders and Supplies.
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Motion: Adopt the Resolution.
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RESULT: ADOPTED [UNANIMOUS] 00:37:27
MOVER: Rikke Johnson, Council Member, Ward 6
SECONDER: John Valdivia, Council Member, Ward 3 0
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
5V. Public Works
Resolution of the Mayor and Common Council of the City of San Bernardino N
Authorizing the Execution of a Vendor Service Agreement and Issuance of an Annual o
Purchase Order Not to Exceed $35,000 with Two One-Year Extensions at the City's o
Option to Cummins Pacific for Service and Parts for Cummins Engines.
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Motion: Adopt the Resolution.
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RESULT: ADOPTED [UNANIMOUS] 00:37:27 Q
MOVER: Rikke Johnson, Council Member, Ward 6
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
Mayor and Common Council of the City of San Bernardino Page I I
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5W. Public Works
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the Execution of Amendment Number Three to the Franchise Agreement
with Jack's Disposal, Inc. for the Collection, Transportation, and Disposal of Solid Waste
and Construction Debris and for Providing Temporary Bin/Roll-Off Services.
(Continued from July 21, 2014)
Staff requested a two-week continuance.
Motion: Continue to August 18, 2014.
RESULT: CONTINUED [UNANIMOUS] Next: 8/18/2014 2:00 PM
MOVER: Rikke Johnson, Council Member, Ward 6 02:54:30 N
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SECONDER: John Valdivia, Council Member, Ward 3 a,
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill a
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5X. Successor Astency
Resolution of the Mayor and Common Council Acting as the Successor Agency to the
Redevelopment Agency of the City of San Bernardino Authorizing the Release of a
Solicitation Letter for Re-Use of the Carousel Mall.
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Public Comments:
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Richard Castro, San Bernardino Cn
Motion: Adopt the Resolution.
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RESULT: ADOPTED [UNANIMOUS] 02:59:37
MOVER: James Mulvihill, Council Member, Ward 7
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios,Valdivia, Shorett,Nickel, Johnson, Mulvihill
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5Y. Successor Agency o
Resolution of the Mayor and Common Council of the City of San Bernardino Acting as
the Successor Agency to the Redevelopment Agency of the City of San Bernardino
Authorizing a$250,000 Purchase Order for Consulting Services from Urban Futures, Inc.
with Respect to Winding-Down the Former Redevelopment Agency During the Period of a
July through December 2014. a
Motion: Adopt the Resolution.
RESULT: ADOPTED [6 TO 11 03:09:05
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill
NAYS: John Valdivia
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5Z. Successor Agency
Resolution of the Mayor and Common Council of the City of San Bernardino Acting as
the Successor Housing Agency to the Redevelopment Agency of the City of San
Bernardino Approving the Subordination of a Deed of Trust in Connection with a
Refinancing of the Senior Mortgage Relating to Real Property Located at 2758 West
White Pine Avenue, San Bernardino, California.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 00:37:27
MOVER: Rikke Johnson, Council Member, Ward 6
SECONDER: John Valdivia, Council Member, Ward 3 N
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
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5AA. Treasurer's Office ;
Revised Treasurer's Office Portfolio Report for the Month of July 2014
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Council Member Johnson stated that the report was not included in the backup.
Motion: Continue to August 18, 2014.
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RESULT: CONTINUED [UNANIMOUS] Next: 8/18/2014 2:00 PM
MOVER: Rikke Johnson, Council Member, Ward 6 03:10:05 UI
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
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5AB. Water
City of San Bernardino Municipal Water Department Annual Financial Report for Fiscal
Year Ending June 30, 2013
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Motion: Receive and file. o
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RESULT: ADOPTED [UNANIMOUS] 00:37:27 y
MOVER: Rikke Johnson, Council Member, Ward 6
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill Q
6. Staff Reports
6A. City Manager
Discuss and Take Possible Action to Direct the City Manager to Solicit Proposals for Fire
Services Within the City of San Bernardino
Council Member Nickel asked if this recommendation was consistent with the Citygate
report.
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City Manager Parker stated that the Citygate report indicated that there were no other
agencies (Cal Fire or the County) interested in providing contract services of fire to the
City. He stated that in subsequent meetings, the County administrator indicated that the
County would be interested in discussing the matter with the City. Thus far, Cal Fire has
indicated that they do not wish to present a proposal to the City.
Mr. Parker stated that the Plan of Adjustment requires the City to look at alternative
service delivery options. He stated that over the next six months the City will be
investigating opportunities for contracting other City services.
Public Comments:
Jane Sneddon, San Bernardino c
Deanna Adams, San Bernardino N
Joe Ortiz, San Bernardino
Scott Olson, San Bernardino Q
Motion: Direct the City Manager to Solicit Proposals for Fire for Services Within
the City of San Bernardino
- - - --- -- ----- -- -- -- - ---- --- - -- ---- -----------
-- - -
RESULT: ADOPTED [5 TO 21 03:11:56
MOVER: Fred Shorett, Council Member, Ward 4 M
SECONDER: Virginia Marquez, Council Member, Ward 1
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AYES: Marquez, Shorett,Nickel, Johnson, Mulvihill cn�
NAYS: Benito J. Barrios, John Valdivia J
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7. Public Comments on Items Not on the Agenda °
Aaron Jimenez, Field Representative from Senator Morrell's office, and Deborah
Williams, President of Building Resilient Communities, announced that the 2 nd Annual
Ark of Safety Forum will be held at the San Jacinto Assembly of God Church on August c
15, 2014, from 8 a.m. to 3 p.m.
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Jane Sneddon, San Bernardino, announced that on July 18, 2014, a piece of the Berlin o
Wall, on loan by Councilman Henry Nickel, was installed outside the Norton Museum.
On August 20, 2014, at 6 p.m., a formal dedication will take place followed by a E
presentation at 7:30 p.m. by Colonel Paul Green who served as base commander at
Norton and has had a tremendous impact on the Valley since his retirement from the Air Q
Force. Seating is limited and a $5 donation is requested. The museum is located at the
Inland Valley Regional Event Center, 1601 E. Third Street, which is at the corner of
Third Street and Del Rosa Drive.
Joe Ortiz, San Bernardino, thanked former City Attorney James Penman and
Councilwoman Wendy McCammack for their service to the City.
Scott Olson, San Bernardino, spoke about outsourcing Fire; hiring Jim Morris to assist
with the wind-down of the former Redevelopment Agency; and stated that the City needs
to raise revenue rather than cut services.
Mayor and Common Council of the City of San Bernardino Page 14
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Joint Regular Meeting Minutes August 4, 2014
Jim and Gwen Tibbs, San Bernardino, requested that a gate or chain be erected across a
City-owned road near Cal State University San Bernardino to prevent people from using
the area as a place to have bonfires and parties.
8. Items to be Referred to Council Committees
Council Member Johnson requested that a grant from the Westside Steppers be referred
to the Grants Committee; and Council Member Marquez requested that the matter of yard
sales be referred to the Legislative Review Committee.
9. Adjournment
At 8:18 p.m., the meeting adjourned to 6:00 p.m., Thursday, August 7, 2014, in the N
Council Chamber of City Hall. The next joint regular meeting of the Mayor and N
Common Council and the Mayor and Common Council Acting as the Successor Agency a,
to the Redevelopment Agency is scheduled for 2:00 p.m., Monday, August 18, 2014. Q
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GEORGEANN "GIGI" HANNA
City Clerk
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By
Linda Sutherland
Deputy City Clerk
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Mayor and Common Council of the City of San Bernardino Page 15
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NARUj�O City of San Bernardino Mayor R. Carey Davis
300 North "D" Street Council Members
o San Bernardino CA 92418 Virginia Marquez
r Benito Barrios
http://wNvw.sbcity.org John Valdivia
Fred Shorett
OG�'nED I'S Henry Nickel
Rikke Johnson
James L. Mulvihill
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DRAFT MINUTES
JOINT ADJOURNED REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL a
OF THE CITY OF SAN BERNARDINO v,
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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
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 o
THURSDAY,AUGUST 7,2014
COUNCIL CHAMBER =a
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The Joint Adjourned Regular Meeting of the Mayor and Common Council of the City of San
Bernardino was called to order by Mayor R. Carey Davis at 6:04 p.m., Thursday, August 7, N
2014, in the Council Chamber of City Hall, 300 North "D" Street, San Bernardino, California. r-
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Roll Call °
Attendee Name Title Status Arrived E
Virginia Marquez Council Member, Ward 1 Present 6:00 p.m.
Benito J. Barrios Council Member, Ward 2 Present 6:00 p.m. Q
John Valdivia Council Member, Ward 3 Present 6:00 p.m.
Fred Shorett Council Member, Ward 4 Present 6:00 p.m.
Henry Nickel Council Member, Ward 5 Present 6:00 p.m.
Rikke Johnson Council Member, Ward 6 Present 6:00 p.m.
James Mulvihill Council Member, Ward 7 Present 6:00 p.m.
_. R. Carey Davis Mayor Present 6:00 p.m.
Georgeann "Gigi" Hanna City Clerk Present 6:00 p.m.
Allen Parker City Manager Present 6:00 p.m.
Gary D. Saenz City Attorney Present 6:00 p.m.
Mayor and Common Council of the City of San Bernardino Page 1
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Joint Adjourned Regular Meeting Minutes August 7, 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
mi.
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 - y
pursuant to subdivision(c) of Government Code Section 54956.9.
D. Closed Session -personnel -pursuant to Government Code Section 54957. a
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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.
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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
54956.8.
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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.
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Pledge of Allegiance
The Pledge of Allegiance was led by Council Member Johnson. c
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2. Staff Reports 9
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2A. City Attorney =
Resolution of the Mayor and Common Council of the City of San Bernardino Proposing E
an Amendment to the Charter of Said City Relating to Safety Personnel Salaries and Civil
Service Discharge or Reduction of Compensation; and
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Resolution of the Mayor and Common Council of the City of San Bernardino Calling a
Special Municipal Election on a Proposed Charter Amendment Relating to Safety
Personnel Salaries and Civil Service Discharge or Reduction of Compensation and
Requesting that Said City of San Bernardino's Special Municipal Election be
Consolidated with the November 4, 2014 Statewide General Election Conducted by the
County of San Bernardino.
Motion: Combine Agenda Item Nos. 2A, 213, and 2C for the purpose of discussion.
Mayor and Common Council of the City of San Bernardino Page 2
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Joint Adjourned Regular Meeting Minutes August 7, 2014
RESULT: ADOPTED [UNANIMOUS] 00:06:02
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
Public Comments:
Dennis Baxter, San Bernardino, spoke in favor of keeping the number of items on the
November ballot to three or fewer.
Kathryn Ervin, Highland, representative for the San Bernardino League of Women N
Voters, spoke about the need to simplify the Charter with provisions that enable the
Mayor and the Council to deal with City problems efficiently and with responsibilities
and authority clearly defined. She stated that it was probably a good idea to limit the a
number of proposals that are placed on the ballot. v,
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Rolf Lindblom, Rancho Mirage, San Bernardino City firefighter and second Vice =_
President of the San Bernardino City Professional Firefighters Association, Local 891,
strongly urged the Council not to place Charter Section 186 on the ballot because it 11 T.-
would open a Pandora's Box of political and financial turmoil. M
Ron Coats, San Bernardino, spoke against the repeal of Charter Section 186. 1
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Michael Craft, San Bernardino, asked the Council to consider the topic of enabling �
language and stated that the final conclusion of the committee was that all five items o
should appear on the ballot separately.
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Tom Pierce, San Bernardino, spoke about the importance of the recommended change to
Charter Section 186, which would have the effect of determining compensation of all a
unionized City employees—public safety and non-public safety alike—by Council
resolution after collective bargaining. He stated that the recommended change would
enhance the Council's ability to manage the City's budget in a way that results in a level N
of public services that adds to the quality of life of San Bernardino residents. He said o
Charter Section 186 gives the Council no control over more than half the budget it is o
supposed to be managing.
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Jeff English, president of the San Bernardino City Professional Firefighters Association,
spoke in opposition to what he called a divisive charter amendment. Q
Steve Tracy, City firefighter and executive board member with the Firefighters
Association, spoke against the repeal of Charter Section 186.
Deb Bunger, spoke against the repeal of Charter Section 186.
Randy Wilson, San Bernardino, retired police officer, spoke against the repeal of Charter
Section 186.
John Miller, read a letter addressed to Mayor Davis from California State Senator
Norma Torres, expressing concern about the repeal of Charter Section 186.
Mayor and Common Council of the City of San Bernardino Page 3
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Joint Adjourned Regular Meeting Minutes August 7, 2014
Rich Lentine, City firefighter, asked the Council to vote against the repeal of Charter
Section 186 to keep politics out of the process for determining salaries of San Bernardino
firefighters and police.
Gloria Harrison, San Bernardino, said she is invested in the City and is a volunteer on
the Charter Committee—a responsibility she took very seriously. She stated that the
committee would like all five issues placed on the ballot, and she would like to have the
opportunity to vote on them.
Joe Ortiz, San Bernardino, spoke against the repeal of Charter Section 186. He stated _
that nothing the people say will be considered.
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Laurie Stalnaker, Highland, Executive Office for the AFL CIO for San
Bernardino/Riverside Counties, urged the Council to stand up for working families by
voting"no"on the elimination of Charter Section 186. a
Bill Lathrop, Riverside, stated that eliminating Charter Section 186 will not improve the 3
City's budget nor strengthen the bankruptcy Plan of Adjustment. Eliminating Charter
Section 186 will not make the City safer and will bring division not unity to the City and
will create more politics at City Hall.
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Anthony Jones, San Bernardino, spoke against the repeal of Charter Section 186.
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Joe Arnett, San Bernardino, said people should view his website for the historical i
perspective on Charter change. He stated that the Council now needs to evaluate what
are the most urging and pressing action items. He urged the public to vote "no" on o
Charter reform.
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Jim Smith, Highland, said the City cannot live with status quo and stated that the entire
Charter should be repealed. He said the Charter Committee's work needs to continue. a
Deanna Adams, San Bernardino, said proposed Ballot Item 1, by seeking to make the c
Charter more enabling rather than restrictive, is about transferring power to the Mayor, N
Common Council and City Manager. She said the highest priority of this government is q
not to serve and protect but to grab power. o
Kathy Watson, San Bernardino, stated that we don't have to repeal Charter Section 186 E
and lose our Fire Department. She said the City needs to work towards balancing the U
budget so it can give back when times get better. If the City falls out of favor with w
bankruptcy court and is disincorporated, it will be the albatross hanging around the neck a
of the County and could take the County down. She urged the Council to place all five
items on the ballot.
Chris Poulis, San Bernardino City firefighter and paramedic, said one of the items that
attracted him to be a firefighter in the City of San Bernardino was Charter Section 186,
and stated that it keeps Police and Fire from testing out.
Mayor and Common Council of the City of San Bernardino Page 4
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Joint Adjourned Regular Meeting Minutes August 7 2014
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Council Member Nickel stated that at the public hearing held on July 17, 2014, his
understanding was that there was a suggestion to move forward with Proposed Ballot
Items 3 and 5, which are the Charter Section 186 Amendment and the Civil Service
matter, respectively, and then combine Items 1, 2 and 4 as a single ballot item.
Discussion ensued regarding the cost of placing the proposed Charter amendments on the
ballot.
For the purpose of discussion, Council Member Nickel made a motion, seconded by
Council Member Mulvihill, to combine Items 1, 2, 4 into one separate proposal and
consider Items 3 and 5 as two additional separate matters in order to receive comments c
from the public and feedback from committee members. No vote was taken. N
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Following the discussion, Council Member Nickel made a motion to combine Items 1, 2,
4 into one separate ballot measure and then take Items 3 and 5 as two additional separate Q
ballot measures for a total of three (3)total ballot measures.
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Council Member Mulvihill withdrew his second. E
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Council Member Nickel made a motion to combine Items 2 and 4 as one item, and to
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place Items 1, 3 and 5 as additional items on the ballot. The motion died for lack of a
second.
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City Clerk Hanna provided clarification of all five proposed amendments, as follows:
Proposed Ballot Item 1 —Amend Article III, Section 40, by adding subsection (bb) o
Article III Legislative Department—The Common Council a,
Section 40 Powers of Mayor and Common Council
Proposed Ballot Item 2—Amend Article VII, Section 120 Q
Article VII Initiative, Referendum and Recall
Section 120 The Initiative o
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Proposed Ballot Item 3—Amend 9
Article X Police and Fire Departments °
Section 186 Salaries a
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Proposed Ballot Item 4—Repeal Article XI o
Article XI School Districts Q
Proposed Ballot Item 5 —Amend
Article XIII Miscellaneous
Section 254 Civil Service Discharge or Reduction of Compensation
Council Member Shorett made a motion, seconded by Council Member Johnson, to put
Charter Section 186 (Agenda Item 2B) on the ballot by itself and hold the other items
over for future discussion/action. No vote was taken.
Mayor and Common Council of the City of San Bernardino Page 5
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Joint Adjourned Regular Meeting Minutes August 7, 2014
Council Member Valdivia asked if the Charter Review Committee had determined that a
specific amount of City funds would be saved by repealing Charter Section 186.
City Manager Parker stated that handouts were given to the committee members that
specifically identified the amount of money that was paid out for the last ten years
relative to Charter Section 186.
Council Member Valdivia asked what the cost savings to the taxpayers would be if
Section 186 were repealed.
Mr. Parker stated that cost savings depend on whether overtime is affected or not. There
are sections of the Charter that dictate a specific work week, which brings into play N
FLSA, which then entitles them to ten hours of additional pay for showing up to work.
He stated that in the last couple of years that has been determined to be about $6.9
a
million in overtime. ,
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Council Member Valdivia stated that he received a document at 6 p.m. at his Council dais
desk that highlights some of the savings that might be proposed, and requested that it be =
submitted into the record and provided to the general public on his City webpage.
Council Member Johnson discussed and submitted into the record documents including a
copy of Charter Section 186, San Bernardino Fire & Protective League v. City (1962)
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199 Cal.App.2d 401, 404-419; and City Attorney Opinion Nos. 97-1; 95-2; 93-16; 93-13; N�
93-4; 92-16; 92-2; 91-32; 91-23; 91-3; 91-2; 90-17; 90-11; 89-21; and 88-11. Ji
Discussion ensued. o
Council Member Mulvihill stated that he did not think the Charter Committee wanted
them to consider Section 186 only. He recommended placing both fiscal issues on the
ballot as separate items and requested that Council Member Shorett add the Civil Service Q
item to his motion.
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Council Member Shorett amended his original motion, seconded by Council N
Member Johnson, to place Charter Section 186 (Agenda Item 213) and the Civil c
Service item (Agenda Item 2C) on the ballot as separate items and hold the other o
items for future consideration.
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213. City Attorney
RES. 2014-312 — Resolution of the Mayor and Common Council of the City of San a
Bernardino Proposing an Amendment to the Charter of Said City Relating to Safety
Personnel Salaries; and
RES. 2014-313 — Resolution of the Mayor and Common Council of the City of San
Bernardino Calling a Special Municipal Election on a Proposed Charter Amendment
Relating to Safety Personnel Salaries and Requesting that Said City of San Bernardino's
Special Municipal Election be Consolidated with the November 4, 2014 Statewide
General Election Conducted by the County of San Bernardino.
Motion: Adopt the Resolutions.
Mayor and Common Council of the City of San Bernardino Page 6
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Joint Adjourned Regular Meeting Minutes August 7, 2014
RESULT: ADOPTED [4 TO 31 01:37:58
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Virginia Marquez, Fred Shorett, Rikke Johnson, James Mulvihill
NAYS: Benito J. Barrios, John Valdivia, Henry Nickel
2C. City Attorney
RES. 2014-314 — Resolution of the Mayor and Common Council of the City of San
Bernardino Proposing an Amendment to the Charter of Said City Relating to Civil a
Service Discharge or Reduction of Compensation; and N
RES. 2014-315 — Resolution of the Mayor and Common Council of the City of San 3
Bernardino Calling a Special Municipal Election on a Proposed Charter Amendment a
Relating to Civil Service Discharge or Reduction of Compensation and Requesting that
Said City of San Bernardino's Special Municipal Election be Consolidated with the
November 4, 2014 Statewide General Election Conducted by the County of San
Bernardino.
Motion: Adopt the Resolutions. M
RESULT: ADOPTED 14 TO 31 02:21:27 N�
MOVER: Fred Shorett, Council Member, Ward 4 Ji
SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Virginia Marquez, Fred Shorett, Rikke Johnson, James Mulvihill °
NAYS: Benito J. Barrios, John Valdivia, Henry Nickel
3. New Business a
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3A. Proposed Ballot Items for Charter Amendments to be Placed on the November 2014
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Ballot: `�
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Proposed Ballot Item 1 —Amend Article III, Section 40, by adding subsection (bb) o
Article III Legislative Department—The Common Council
Section 40. Powers of Mayor and Common Council; E
Proposed Ballot Item 2 —Amend Article VII, Section 120 <
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Article VII Initiative, Referendum and Recall
Section 120. The Initiative; and
Proposed Ballot Item 4 —Repeal Article XI
Article XI School Districts.
Motion: The matter arose subsequent to the posting of the agenda and there is a
need to take immediate action to add to the agenda for discussion and
possible action the remaining three ballot items proposed by the Volunteer
Citizen-Based Charter Committee.
Mayor and Common Council of the City of San Bernardino Page 7
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Joint Adjourned Regular Meeting Minutes August 7, 2014
RESULT: ADOPTED [5 TO 11 00:11:06
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios,Nickel, Johnson, Mulvihill
NAYS: Fred Shorett
ABSTAIN: John Valdivia
---- __ ___.__ _____ . ___ __._----_ __- ------._
4. Public Comments on Items Not on the Agenda
Joe Ortiz, San Bernardino, made comments against the City, elected officials, and staff. N
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5. Adjournment a
The meeting adjourned at 8:32 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, August 18, 2014. _
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GEORGEANN "GIGI" HANNA
City Clerk a
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Linda Sutherland
Deputy City Clerk
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Mayor and Common Council of the City of San Bernardino Page 8 —
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N' ��tiU City of San Bernardino Mayor R. Carey Davis
�~ 300 North "D" Street Council Members
o -
- San Bernardino, CA 92418 Virginia Marquez Benito Barrios
�.? http://www.sbcity.org John Valdivia
p' Fred Shorett
DI Henry Nickel
Rikke Johnson
James L. Mulvihill
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DRAFT MINUTES N
JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL a
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
AND
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING Ji
AS THE HOUSING AUTHORITY >i
MONDAY,AUGUST 18, 2014
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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 R. Carey Davis at 2:02 .m., Monday, August 18 2014 in the v
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Council Chamber, 300 North "D" Street, San Bernardino, California. N
Roll Call 7
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Attendee Name Title
w� + Status � Arrived_
Virginia.Marquez Council Member, Ward 1 _
Present 2�m. �
Benito J. Barrios Council Member Ward 2 Present 2:00 .mom.
John Valdivia Council Member Ward 3 Present j 2:10_p.m. a
Fred Shorett _ T Council Member Ward 4 T Present 2:00 P.M.
He Nickel Council Member Ward 5 Present 2:00 p.m.w
Rikke Johnson Council Member Ward 6 Present 2:00 p.m.
James Mulvihill 1 Council Member, Ward 7 _ Present 2 00 pm.
R. Carey Davis ! Ma or F Present 2:00 .m
Georgeann "Cn i" Hanna 1� City Clerk _ `Present 2:00 p.m.
Allen Parker City Mangier Present 2:00 P.M.
Gary D. Saenz City Attorney i Present 2:00 p.m.
Mayor and Common Council of the City of San Bernardino Page]
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Joint Regular Meeting Minutes August 18, 2014
1. Closed Session - Pursuant to Government Code Section(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;
Rovinski Renter v. City of San Bernardino, et al. - United States District Court,
Case No. CV-11-07222 GAF (CWx);
Axiom Properties, LLC v. City of San Bernardino - San Bernardino County
Superior Court, Case No. CIVDS 1402733. N
B. Conference with legal counsel - anticipated litigation - significant exposure to a,
litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Q
Section 54956.9.
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C. Conference with legal counsel - anticipated litigation - initiation of litigation - c
pursuant to subdivision (c) of Government Code Section 54956.9:
City v. Forscom Enterprises, LLC M
City v. Shaw a
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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 i
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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 00
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54956.8. o0
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Closed Session Announcement d
City Attorney Saenz announced that during closed session, in the matter of the San Bernardino
U.S. Bankruptcy Court, the Council voted unanimously to give direction to the bankruptcy w
mediation negotiators regarding the San Bernardino Police Union. a
In the matter of Renter v. City of San Bernardino, the Council voted unanimously to raise the
outside counsel fee limit.
In the matter of Axiom Properties, LLC v. City of San Bernardino, the Council voted
unanimously to approve settlement.
In the matters regarding the City v. Forscom and City v. Shaw, the Council voted unanimously to
give negotiation directions.
Mayor and Common Council of the City of San Bernardino Page 2 —
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Joint Regular Meeting Minutes August 18, 2014
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 Dr. Clyde Steward from Westside Christian Center. The Pledge of
Allegiance was led by Alexander Gonzalez, an 8t''grade student at Shandin Hills Middle School.
2. Appointments
2A. Mayor's Office
Appointment of Donna Howard to the Fine Arts Commission - Council Member Jim c
Mulvihill N
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Motion: Approve the appointment of Donna Howard to the Fine Arts Commission a,
as requested by Council Member James Mulvihill. Q
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RESULT: ADOPTED [UNANIMOUS] 02.23:05 3
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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3. Presentations y
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3A. Proclamation Designating September 2014 as Adult Literacy Awareness Month -- >I
Mayor Davis
Delayed until September 2, 2014 meeting o
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3B. Student of the Month -- Doreay Bynum, Sierra High School -- Council Member
Marquez
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3C. Citizen of the Month -- Sandra Olivas -- Council Member Marquez N
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4. Announcements -- Chamber of Commerce & Electe d Officials C i
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5. Consent Calendar
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5A. City Clerk `t
Waive Full Reading of Resolutions and Ordinances
Motion: Waive full reading of resolutions and ordinances on the agenda dated
August 18, 2014.
' Timestamp indicates approximate time motion/second were made,according to the meeting video on the City web
site.
Mayor and Common Council of the City of San Bernardino Page 3
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Joint Regular Meeting Minutes August 18, 2014
RESULT: ADOPTED [UNANIMOUS] 03:05:36
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
513. City Manager
RES. 2014-316 - Resolution of the Mayor and Common Council of the City of San c
Bernardino Authorizing the Execution of a Fifth Amendment to the Consultant Services N
Agreement Between Urban Futures Inc. and the City of San Bernardino.
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Motion: Adopt the Resolution. Q
RESULT: ADOPTED [6 TO 11 03:09:19
MOVER: Fred Shorett, Council Member, Ward 4 _
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill
NAYS: John Valdivia
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5C. Civil Service
Personnel Actions - Classified
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Motion: Approve the classified personnel actions, as submitted by the Chief
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Examiner, in accordance with Civil Service rules and Personnel policies o
adopted by the Mayor and Common Council of the City of San
Bernardino.
RESULT: ADOPTED [UNANIMOUS] 03.05:36 0
MOVER: Fred Shorett, Council Member, Ward 4 N
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SECONDER: Rikke Johnson, Council Member, Ward 6 0
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
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5D. Community Development
RES. 2014-317 - Resolution of the Mayor and Common Council of the City of San a
Bernardino Approving Standard Form of Agreement for Subdivision Tract No. 17699
(Lots 1 through 24) Mixed Use Residential and Office Units, Located on the North Side
of Campus Parkway South of North Park Boulevard in the CG-2, Commercial General
Zone, with FH II, LLC with Time of Performance Specified, and Authorizing Release of
University Park Holdings, LLC from Terms of the Standard Form of Agreement for
Subdivision Tract No. 17699 (Lots 1 through 24) as Approved by Resolution No. 2012-
230.
Motion: Adopt the Resolution.
Mayor and Common Council of the City of San Bernardino Page 4
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RESULT: ADOPTED [UNANIMOUS] 03:05:36
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Barrios,Valdivia, Shorett,Nickel, Johnson, Mulvihill
5E. Finance
Approval of Checks 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] 03:05:36 N
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Rikke Johnson, Council Member, Ward 6 Q
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
5F. Information Technology
RES. 2014-318 - Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Purchase of Monthly Services from Verizon, Inc. for
Wireless Network Services Used by the Police Department for MDC Operations.
Public Comments: a'
Betty Jean Long, San Bernardino CnI
Motion: Adopt the Resolution. >i
RESULT: ADOPTED [UNANIMOUS] 03:14:13 0
MOVER: Rikke Johnson, Council Member, Ward 6
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
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5G. Parks, Recreation & Community Services 17
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Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the City Manager to Execute an Agreement Between the City of San
Bernardino and Public Safety Academy for Shared Use of the Facility at the Norton =
Gymnasium Located at 1554 East Art Townsend Drive.
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Motion: Table.
RESULT: TABLED [UNANIMOUS] 03:05:36
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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511. Parks, Recreation & Community Services
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the City Manager to Execute an Agreement Between the City of San
Bernardino and Youth Power Community Solutions for Shared Use of the Facilities at the
Norton Galaxy Building, Gymnasium, and Norton Annex Located at 1494 and 1554 East
Art Townsend Drive for Two Years Commencing on August 18, 2014 through June 30,
2016.
Motion: Table.
RESULT: TABLED [UNANIMOUS] 03:05:36
MOVER: Fred Shorett, Council Member, Ward 4 N
SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Barrios,Valdivia, Shorett,Nickel, Johnson, Mulvihill
5I. Police
RES. 2014-319 - Resolution of the City of San Bernardino Authorizing the Obligation =
and Expenditure of the Allocated Byrne Criminal Justice Grant Funds and Execution of a
Memorandum of Understanding (MOU) Between the Institute for Public Strategies (IPS)
and the City of San Bernardino. M
Public Comments:
Joe Ortiz, San Bernardino _Ji
Jay Lindberg, San Bernardino, spoke on non-related item, marijuana dispensaries. >1
Motion: Adopt the Resolution. o
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RESULT: ADOPTED [UNANIMOUS] 03:28:21
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MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member, Ward 3 N
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill co
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5J. Police =
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RES. 2014-320 - Resolution of the Mayor and Common Council of the City of San E
Bernardino Authorizing the Issuance of a Purchase Order to General Dog & Cat Hospital
for$66,000. a
Public Comments:
Betty Jean Long, San Bernardino
Motion: Adopt the Resolution.
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RESULT: ADOPTED [UNANIMOUS] 03:17:35
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
5K. Police
RES. 2014-321 - Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Transfer of $1,061.23 from Account 772-2327.212 to
Revenue Account 001-210-0000*4690 and Appropriating $1,061.23 to the FY 2014/2015
Budget, and Authorizing the Issuance of a Purchase Order to Ray Allen Manufacturing
for K9 Unit Supplies. N
Public Comments: a,
Betty Jean Long, San Bernardino Q
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Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 03.20:53
MOVER: John Valdivia, Council Member, Ward 3 M
SECONDER: Fred Shorett, Council Member, Ward 4 j
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill Ni
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5L. Public Works >i
RES. 2014-322 - Resolution of the Mayor and Common Council of the City of San V
Bernardino Authorizing and Directing the Execution of a Quitclaim Deed to University o
Park Promenade & Shops, LLC, for an Existing Storm Drain Easement, Located West of a,
Northpark Boulevard, South of Ash Street.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 03:05:36 0
MOVER: Fred Shorett, Council Member, Ward 4 o
SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill E
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5M. Public Works a
RES. 2014-323 - Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Acceptance of a Quitclaim Deed from CALMAT Co., for
Certain Storm Drain Easements Located in the Vicinity of Institution Road and Cajon
Boulevard (Cajon Creek Area).
Motion: Adopt the Resolution.
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RESULT: ADOPTED [UNANIMOUS] 03:05:36
Lo", MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
5N. Public Works
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the Execution of Amendment Number Three to the Franchise Agreement
with Jack's Disposal, Inc. for the Collection, Transportation, and Disposal of Solid Waste
and Construction Debris and for Providing Temporary Bin/Roll-Off Services. (Continued
from August 4, 2014.) N
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Public Comments: ai
Joe Ortiz, San Bernardino Q
Motion: Table.
RESULT: TABLED [UNANIMOUS] 03:05:36
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 a�
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50. Public Works >I
RES. 2014-324 - Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Submittal of Beverage Container Recycling Program 2
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A pp lication and Accepting Funds from the Department o f R esou r ces Recycling and
...
Recover CalRec cle as
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Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 03:30:51 N
MOVER: James Mulvihill, Council Member, Ward 7 To
°
SECONDER: John Valdivia, Council Member, Ward 3 °
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill d
- - --- - -- -- E
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5P. Successor Agency w
RES. 2014-325 - Resolution of the Mayor and Common Council of the City of San a
Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency of
the City of San Bernardino Approving the Subordination of a Deed of Trust in
Connection with a Refinancing of the Senior Mortgage Relating to Real Property Located
at 1415 Lynwood Way, San Bernardino, California.
Motion: Adopt the Resolution.
Mayor and Common Council of the City of San Bernardino Page 8
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rRESULT: ADOPTED [UNANIMOUS] 03:05:36
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
5Q. Successor Agency
RES. 2014-326 - Resolution of the Mayor and Common Council of the City of San
Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency of
the City of San Bernardino Approving the Subordination of a Deed of Trust in
Connection with a Refinancing of the Senior Mortgage Relating to Real Property Located
at 2667 Irvington Avenue, San Bernardino, California. N
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Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 03:05:36
MOVER: Fred Shorett, Council Member, Ward 4 a
SECONDER: Rikke Johnson, Council Member, Ward 6 c
AYES: Marquez, Barrios,Valdivia, Shorett,Nickel, Johnson, Mulvihill
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5R. Treasurer's Office
Revised Treasurer's Office Portfolio Report for the Month of July 2014. a
Motion: Receive and file.
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�, RESULT. ADOPTED [UNANIMOUS] 03:05:36
MOVER: Fred Shorett, Council Member, Ward 4 L
SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
6. Public Hearings N
6A. Public Works o
Resolution of the Mayor and Common Council of the City of San Bernardino Ordering c
i the Vacation of a Portion of 3rd Street Between"J" Street and "I" Street, and a Portion of E
3rd Street at the Intersection with "K" Street, and Reserving Utility Easements Therein;
And Q
Resolution of the Mayor and Common Council of the City of San Bernardino Approving
an Indemnity Agreement with the San Bernardino Associated Governments Relating to
the Proposed Vacation of a Portion of "I" Street South of Rialto Avenue and Those
Portions of the East-West Alleys and One North-South Alley, Between Rialto Avenue
and 3rd Street, Together with a Portion of 3rd Street Between "J" Street and "I" Street,
and a Portion of 3rd Street at the Intersection with"K" Street.
(Note: Includes discussion regarding Agenda Item No. 613.)
Mayor Davis opened the hearing.
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Council Member Mulvihill made a motion, seconded by Council Member Marquez to
close the hearing;....no vote was taken.
Robert Eisenbeisz, City Engineer,provided background information.
Mitchell A. Alderman, PE, Director of Transit and Rail Programs SANBAG provided
additional information.
Council Member Valdivia asked Mr. Alderman, what financial contingencies were set
aside for issues of traffic flow and mitigating efforts on the part of SANBAG.
Mr. Alderman stated that whatever they come up with they have the funds to cover it.
Mr. Valdivia moved to continue to September 2, 2014 for further discussion. The cm
motion died for lack of a second.
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Mr. Eisenbeisz stated that one compromised solution would be to allow them to have a a
temporary closure so that it wouldn't be delayed, but the one hold up that SANBAG
would encounter would be that they wouldn't be able to do anything permanent in those
areas. _
Council Member Marquez asked Mr. Alderman what business owners were impacted by
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this project.
L) Mr. Alderman reported that Mr. Hefftner of Allgood Shower has already relocated their cnI
two buildings and settled on an agreement on his relocation and the cost for his property.
Mr. Alderman also stated that Jenco acquired some property and swapped them out; they
are the closest to the tracks of"I" Street.
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Mr. Eisenbeisz stated that there was another important point as far as the closures that are °
going to be implemented. With those closures and the additional improvements, there is
a high probability that SANBAG is going to prepare applications for the City to establish
a quiet zone through that section and he guarantees the residents will be very happy to
have a quiet zone as opposed to hearing horns blaring at every single crossing per Federal N
rules. He stated that that was an important aspect and SANBAG really wants to pursue it. CO
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Mr. Alderman stated that the quiet zone cannot be enacted by the railroad or SANBAG. o
It has to be enacted by the City and is Federal Law. He said that as they complete this 0)
project, and do all of the improvements, SANBAG will be doing all the improvements on
all of the grade crossings at Second, Rialto, "I", and "G" Streets, as well as `B" Street Y
and farther out as they go to accommodate the City's needs to do a quiet zone. So, in the a
end, the City would have to sign the paperwork and send it to the Federal Railroad
Administration(FRA) and say that they declared a quiet zone.
Mr. Alderman commented that the reasons Third and "I" Streets are being closed, is
because the California Public Utilities Commission regulates grade crossing safety and
between Metrolink, BSNF, California Public Utilities Commission and SANBAG, for
safety reasons those have to be closed. He also stated that there was no way this project
could move forward without those streets being closed.
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Mr. Eisenbeisz stated that they did not canvass the neighborhood, but they would be
expecting to have community outreach at the time when that became appropriate. He
further stated that whatever the solution was to be, it would have to be the vast majority
of the neighborhood to be satisfied with it.
Mr. Eisenbeisz said rail traffic now is almost nothing. He stated that once this project
goes through, there are going to be a lot of trains going through, and that will make a big
difference in why a quiet zone will be an important aspect when the volume of trains
begin going through there.
Mr. Alderson stated that regarding right-of-way acquisition, SANBAG has possession of
all of the properties needed for the project. o
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Council Member Nickel asked what the costs of a two-week delay would be. He was told
that it would be $1,000.00 per day. a
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: M
Carlos Lopez, San Bernardino, spoke in opposition to the project.
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Regina Leon, San Bernardino, spoke in opposition to the project. �
Victoria Argo, San Bernardino, spoke in support of the project.
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Yolanda Reya, San Bernardino, spoke in opposition of the project. w
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Substitute a,
Motion: Continue Agenda Item Nos. 6A and 6B to September 2, 2014; and that the W
hearing remain open.
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RESULT: CONTINUED 14 TO 3] Next: 9/2/2014 2:00 PM o
MOVER: John Valdivia, Council Member, Ward 3 04:22:08 0
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SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Virginia Marquez, Benito J. Barrios, John Valdivia, Rikke Johnson
NAYS: Fred Shorett, Henry Nickel, James Mulvihill
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6B. Public Works
Resolution of the Mayor and Common Council of the City of San Bernardino Ordering
the Vacation of a Portion of"I" Street South of Rialto Avenue and Those Portions of the
East-West Alleys and One North-South Alley, Between Rialto Avenue and 3rd Street,
and Reserving Utility Easements Therein; And Resolution of the Mayor and Common
00"_1 Council of the City of San Bernardino Approving an Indemnity Agreement with the San
Bernardino Associated Governments Relating to the Proposed Vacation of a Portion
'`ftoO' of`P' Street South of Rialto Avenue and Those Portions of the East-West Alleys and One
North-South Alley, Between Rialto Avenue and 3rd Street, Together with a Portion of
3rd Street Between"J" Street and "I" Street, and a Portion of 3rd Street at the
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Intersection with"K" Street.
(Note: This item was included in the discussion of Agenda Item No. 6A.
� g )
Mayor Davis opened the hearing.
Motion: Continue to September 2, 2014; and that the hearing remain open.
RESULT: CONTINUED [4 TO 31 Next: 9/2/2014 2:00 PM
MOVER: John Valdivia, Council Member, Ward 3 04:22:08
SECONDER: Virginia Marquez, Council Member, Ward 1
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AYES: Virginia Marquez, Benito J. Barrios, John Valdivia, Rikke Johnson
NAYS: Fred Shorett, Henry Nickel, James Mulvihill
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7. Public Comments on Items Not on the Agenda to be Heard at 6:30 p.m.
Betty Jean Long, San Bernardino, spoke about items stolen from her at the Jerry L.
Pettis V. A. Hospital and the Norman Feldheym Library.
Melissa Cordova, Highland, spoke on behalf of the aerobics group at the Phoenix
Community Center in Speicher Park. She stated how she and others had made lifestyle a
changes thanks to the Community Center. The Community Center was vandalized a few cnI
months ago and the copper wire from the air-conditioner was stolen so she asked if _j i
efforts to replace their stolen air conditioner could be sped up. >i
Roger Henderson, San Bernardino, spoke about recent hiring decisions by the City o
Council and said that in order to prosper, we need to move ahead with qualified people 6
and said he was there to support the Mayor and Council.
Jay Lindberg, San Bernardino, spoke about how solar will save people money on their r
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electric bills. N
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Robert Porter, San Bernardino, spoke about coming up with better ideas and other o
alternatives for Wildwood Park. He stated that giving up the park for a charter school
and retail doesn't make sense to him. E
s
Jim Smith, San Bernardino, spoke about the two Charter Amendments that will be Q
placed on the ballot in November and stated that the public needs to be fully
informed about them.
Joe Ortiz, San Bernardino, spoke against criminals and members of the Council voting
against the public.
8. Items to be Referred to Council Committees
None
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9. Adjournment
The meeting adjourned at 6:28 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., Tuesday, September 2, 2014.
GEORGEANN"GIGI" HANNA
City Clerk
By
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Valerie R. Montoya N
Deputy City Clerk
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