HomeMy WebLinkAbout05.B- City Clerk DOC ID: 3546
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Report/Information
From: Georgeann "Gigi" Hanna M/CC Meeting Date: 12/01/2014
Prepared by: Georgeann "Gigi" Hanna,
Dept: City Clerk Ward(s): All
Subject:
Council Minutes - October 6, 2014; October 20, 2014 and October 27, 2014 (#3546)
Current Business Registration Certificate: Not Applicable
Financial Impact:
None.
Motion: Approve the Minutes of the Mayor and Common Council Meetings of October 6,
2014; October 20, 2014; and October 27, 2014.
Synopsis of Previous Council Action:
None.
Background:
None.
Supporting Documents:
10-06-2014 Jt. Reg. (Draft)_LS_VM_gh (DOC)
10-20-2014 A. Reg. (Draft)_LS_VM_gh (DOC)
10-27-2014 Jt. Adj. Reg. (Draft)_LS_VM_gh (DOC)
Updated: 11/24/2014 by Georgeann "Gigi" Hanna Packet Pg.26
� City of San Bernardino 2:Mayor R. Carey Davis
300 North "D" Street Council Members
7 Virginia Marquez
San Bernardino, CA 92418 Benito Barrios
http://www.sbcity.org John Valdivia
Fred Shorett
• D t Henry Nickel
Rikke Johnson
James L. Mulvihill
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DRAFT MINUTES n
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JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL p
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
AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY
AND
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING Ni
AS THE HOUSING AUTHORITY
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MONDAY, OCTOBER 6, 2014
COUNCIL CHAMBER
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The Joint Regular Meeting of the Mayor and Common Council of the City of San Bernardino
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was called to order by Mayor R. Carey Davis at 2:04 p.m., Monday, October 6, 2014, in the N
Council Chamber of City Hall, 300 North "D" Street, San Bernardino, California. o
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Roll Call w
Attendee Name Title Status Arrived E
Virginia Marquez Council Member,Ward l Present 2:00 p.m.
Benito J. Barrios Council Member,Ward 2 Present 2:00 p.m. Q
John Valdivia Council Member,Ward 3 Present 2:00 p.m.
Fred Shorett Council Member,Ward 4 Present 2:05 p.m.
Henry Nickel Council Member,Ward 5 Present 2:00 .m.
Rikke Johnson Council Member,Ward 6 Absent -----------
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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5.B.a
Joint Regular Meeting Minutes October 6, 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
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People of the State of California v. Manta Management Corporation - San
Bernardino Superior Court, Case No. SCV18157 (Appeals Case No. E052527).
B. Conference with legal counsel - anticipated litigation - significant exposure to
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litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code N
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Section 54956.9:
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One (1) Item O
C. Conference with legal counsel - anticipated litigation - initiation of litigation - a
pursuant to subdivision (c) of Government Code Section 54956.9: c
City v. Chavez
City v. Macias M
City v. Lopez =
D. Closed Session-personnel -pursuant to Government Code Section 54957:
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Deputy City Manager
Community Development Director
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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.
F. Conference with labor negotiator - pursuant to Government Code Section N
54957.6: o
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Fire Safety `-
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G. Conference with real property negotiator - pursuant to Government Code Section s
54956.8. o
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Closed Session Announcement
City Attorney Saenz reported the following actions taken during closed session:
In the matter of the People of the State of California v. Manta Management Corporation, the
Council gave negotiation direction by consensus;
In the matter of the City v. Chavez, the Council gave settlement negotiation guidance by
unanimous vote;
In the matter of the City v. Lopez, the Council gave settlement negotiation guidance by
unanimous vote;
Mayor and Common Council of the City of San Bernardino Page 2
Packet Pg.28
Joint Regular Meeting Minutes October 6, 2014
Regarding the POA, the Council gave direction to continue negotiations in mediation through
�r Judge Zive; and
In the matter of the medical marijuana dispensaries, the Council determined by consensus that
the City will continue with its total land use ban against dispensaries, will not at this time ordain
to allow regulated dispensaries, and will incorporate additional and more aggressive methods of
enforcement in the quest to rid or significantly reduce the number of illegal dispensaries
operating in the City.
City Attorney Saenz made the following statement: "Let all owners, operators, employees, and
others associated therewith, and all owners and landlords of properties that are used for
dispensaries know that the same is illegal and banned in the City of San Bernardino, and that c
continuing such activity will subject him or her to the likelihood of prosecution, both criminal N
and civil, to the full extent of the law." o
Reading of Resolutions and Ordinances O
Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances
on the agenda.
Moment of Silence
Mayor Davis requested a moment of silence in memory of former Fifth Ward Councilman "Joe"
V.C. Suarez, Jr.
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Invocation/Pledge of Allegiance
The invocation was given by Reverend David Nagler from Central City Lutheran Mission. The >1
Pledge of Allegiance was led by Emma Nikol, a fifth grade student from Marshall Elementary J
School.
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2. Appointments
There were no commission appointments.
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3. Presentations o
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3A. Proclamation Designating October 16, 2014 as Jack Hill Day--Mayor Davis °G
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3B. Resolution In Memory of Former Fifth Ward Council Member "Joe" V.C. Suarez,
Jr. -- Council Member Nickel
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3C. Donation of Book to Ed Erjavek, Feldheym Library-- Council Member Nickel
3D. San Bernardino Valley Municipal Water District -- Water Conservation -- Doug
Headrick, General Manager, and Gil Navarro, Board Member. George Castillo, City
of San Bernardino Municipal Water Department Administrative Services Manager,
discussed local water conservation programs.
3E. Proclamation Recognizing October 2014 as National Fine Arts and Humanities
Month -- Mayor Davis — accepted by Dorothy Garcia, Chairman of the Fine Arts
Commission
Mayor and Common Council of the City of San Bernardino Page 3
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Joint Regular Meeting Minutes October 6, 2014
4. Announcements -- Chamber of Commerce & Elected Officials
5. Consent Calendar
5A. City Clerk
Waive Full Reading of Resolutions and Ordinances
Motion: Waive full reading of resolutions and ordinances on the agenda dated
October 6, 2014.
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RESULT: ADOPTED [UNANIMOUS] 01:51:511 N
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7 0
AYES: Marquez, Barrios,Valdivia, Shorett,Nickel, Mulvihill o
ABSENT: Rikke Johnson us
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5B. City Clerk Review
Council Minutes - July 7, 2014; July 17, 2014; July 18, 2014; and July 21, 2014
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Motion: Approve the Minutes of the Mayor and Common Council Meetings of
July 7, 2014; July 17, 2014; July 18, 2014; and July 21, 2014. a�
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RESULT: ADOPTED [UNANIMOUS] 01:51:51 Ni
MOVER: Fred Shorett, Council Member, Ward 4
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SECONDER: James Mulvihill, Council Member,Ward 7 v
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Mulvihill
ABSENT: Rikke Johnson d
5C. City Clerk Review c
Council Minutes -August 4, 2014; August 7, 2014; and August 18, 2014
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Motion: Approve the Minutes of the Mayor and Common Council Meetings of o
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August 4, 2014; August 7,2014; and August 18, 2014. w
RESULT: ADOPTED [UNANIMOUS] 01:51:51
MOVER: Fred Shorett, Council Member, Ward 4 w
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SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Mulvihill
ABSENT: Rikke Johnson
Approximate time motion/second were made,according to timestamp on meeting video posted on City Website.
Mayor and Common Council of the City of San Bernardino Page 4
Packet Pg.30
Joint Regular Meeting Minutes October 6, 2014
r 5D. Civil Service
Personnel Actions - Classified
Motion: Approve the classified personnel actions, as submitted by the Chief
Examiner, in accordance with Civil Service rules and Personnel policies
adopted by the Mayor and Common Council of the City of San
Bernardino.
RESULT: ADOPTED [UNANIMOUS] 03:00:14
MOVER: Fred Shorett, Council Member,Ward 4
SECONDER: Virginia Marquez, Council Member, Ward 1 c
AYES: Marquez, Barrios,Valdivia, Shorett,Nickel, Mulvihill N
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ABSENT: Rikke Johnson
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5E. Community Development
RES. 2014-353 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Director of Finance to Perform a Budget Transfer of =_
$482,485 in Salaries from Account Numbers 001-180-0028-5011 ($321,024) and 001-
180-0029-5011 ($161,461) into Account Numbers 001-180-0028-5505 ($321,024), 001-
180-0029-5502 ($40,365), 001-180-0001-5505 ($80,731), and 001-180-0001-5104
($40,365) for Contractual Services.
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Motion: Adopt the Resolution. >1
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RESULT: ADOPTED [UNANIMOUS] 03:00:14 !
MOVER: Fred Shorett, Council Member, Ward 4
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SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Mulvihill
ABSENT: Rikke Johnson
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5F. Finance W
Approval of Checks Warrants and Payroll Checks o
Motion: Approve the claims and payroll and authorize the issuance of warrants as
listed. d
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RESULT: ADOPTED [UNANIMOUS] 01:51:51 w
MOVER: Fred Shorett, Council Member, Ward 4 Q
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SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios,Valdivia, Shorett,Nickel, Mulvihill
ABSENT: Rikke Johnson
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Mayor and Common Council of the City of San Bernardino Page 5 u
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Joint Regular Meeting Minutes October 6, 2014
5G. Finance
RES. 2014-354 — Resolution of the Mayor and Common Council of the City of San
Bernardino Designating Hinderliter, De Llamas (HDL) as the Authorized City
Representative to Examine Transactions (Sales) and Use Tax Records, and Designating
the City Manager, Deputy City Manager, Budget Officer, Director of Finance,
Accounting Manager, and the Principal Accountant as the City Officers Authorized to
Receive Information Contained In, or Derived From, the Transactions (Sales) and Use
Tax Records, and Rescinding Resolution No. 2011-278.
Motion: Adopt the Resolution.
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RESULT: ADOPTED [UNANIMOUS] 01:51:51 N
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MOVER: Fred Shorett, Council Member, Ward 4 e
SECONDER: James Mulvihill, Council Member, Ward 7 p
AYES: Marquez, Barrios,Valdivia, Shorett,Nickel, Mulvihill
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ABSENT: Rikke Johnson
5H. Human Resources
Personnel Actions -Unclassified Ln
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Motion: Approve the unclassified personnel actions Nos. 1 & 3 (Revised 1016114),
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as submitted by the Human Resources Division Manager, in accordance
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with City policies and procedures. >1
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RESULT: ADOPTED [4 TO 21 03:03:27
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MOVER: John Valdivia, Council Member, Ward 3 1°
SECONDER: Benito J. Barrios, Council Member, Ward 2
AYES: Benito J. Barrios, John Valdivia, Fred Shorett, Henry Nickel
NAYS: Virginia Marquez,James Mulvihill
ABSENT: Rikke Johnson
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Motion: Approve the unclassified personnel actions No. 2 (Revised 1016114), as °
submitted by the Human Resources Division Manager, in accordance with
City policies and procedures. E
RESULT: ADOPTED [5 TO 11 03:04:44 1 a
MOVER: Fred Shorett, Council Member,Ward 4
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Shorett,Nickel, Mulvihill
NAYS: John Valdivia
ABSENT: Rikke Johnson
Mayor and Common Council of the City of San Bernardino Page 6 +
5.B.a
Joint Regular Meeting Minutes October 6, 2014
5I. Information Technology
RES. 2014-355 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of an Agreement with Nexus and the Issuance of
Purchase Orders for Nexus in the Amount of$149,238.00 and NETECS for the Amount
of$75,299.00 for PBX Configuration and Integration Services and Equipment.
Revised backup materials were distributed to the Mayor and Council.
j Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 01:51:51 c
MOVER: Fred Shorett, Council Member, Ward 4 N
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SECONDER: James Mulvihill, Council Member, Ward 7 0
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AYES: Marquez, Barrios,Valdivia, Shorett,Nickel, Mulvihill p
ABSENT: Rikke Johnson
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5J. Library
RES. 2014-356 — Resolution of the Mayor and Common Council of the City of San
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Bernardino to Transfer a $3,000 Donation from La Salle Medical Group from Account
#772-2419 to Account #105-470-0064-5123, and Increase the Library's Budget by the
Same Amount, for the Purchase of Books at the Paul Villasenor Branch Library. a,
Motion: Adopt the Resolution. N1
RESULT: ADOPTED [UNANIMOUS] 03:12:04
MOVER: Virginia Marquez, Council Member, Ward 1 0
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Mulvihill
ABSENT: Rikke Johnson
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5K. Parks, Recreation & Community Services o
Resolution of the Mayor and Common Council of the City of San Bernardino 0
Authorizing the Execution of Amendment Number One to the Contract Employment
Agreement Between the City of San Bernardino and Brian Turnbull for CDBG Project
Management Services.
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Motion: Continue to November 3, 2014. Q
RESULT: CONTINUED [5 TO 11 Next: 11/3/2014 2:00 PM
MOVER: Fred Shorett, Council Member, Ward 4 02:58:24
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Valdivia, Shorett,Nickel, Mulvihill
NAYS: Benito Barrios
ABSENT: Rikke Johnson
Mayor and Common Council of the City of San Bernardino Page 7
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Joint Regular Meeting Minutes October 6, 2014
5L. Police
RES. 2014-357 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Issuance of Purchase Orders to Fairview Ford in an Amount
Not to Exceed $117,000 and West Coast Lights & Sirens, Inc., in an Amount Not to
Exceed$43,000 Utilizing Account Number 123-210-0001-5701-0972.
Public Comments:
Betty Jean Long, San Bernardino
Motion: Adopt the Resolution.
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RESULT: ADOPTED [UNANIMOUS] 03:15:35 N
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MOVER: John Valdivia, Council Member, Ward 3 c
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SECONDER: Fred Shorett, Council Member, Ward 4 c
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AYES: Marquez, Barrios,Valdivia, Shorett,Nickel, Mulvihill
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ABSENT: Rikke Johnson
5M. Police
RES. 2014-358 — Resolution of the Mayor and Common Council of the City of San
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Bernardino Authorizing the Transfer of $55,000 from Account Number 108-210-0082-
5112 to Account Number 108-210-0082-5701 and the Issuance of a Purchase Order to
Carmax in an Amount Not to Exceed $55,000 Utilizing Account Number 108-210-0082- g�
5701. Ni
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Public Comments:
Betty Jean Long, San Bernardino 0
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 03:18:30
MOVER: John Valdivia, Council Member, Ward 3 N
SECONDER: James Mulvihill, Council Member, Ward 7 c
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Mulvihill o
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ABSENT: Rikke Johnson
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5N. Public Works o
RES. 2014-359 — Resolution of the Mayor and Common Council of the City of San a
Bernardino Approving a Cooperative Agreement with the City of Highland for
Construction of a Bike Lane on 5 Street/Greenspot Road from Waterman Avenue to
Valencia Court.
Council Member Nickel stated that he would like to see a list of all outstanding
Transportation Development Act (TDA) and Capital Improvement Project (CIP)
obligations.
Motion: Adopt the Resolution.
Mayor and Common Council of the City of San Bernardino Page 8 '°
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Joint Regular Meeting Minutes October 6, 2014
RESULT: ADOPTED [4 TO 21 03:20:05
MOVER: James Mulvihill, Council Member,Ward 7
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Virginia Marquez, Fred Shorett, Henry Nickel, James Mulvihill
NAYS: Benito J. Barrios, John Valdivia
ABSENT: Rikke Johnson
50. Public Works
RES. 2014-360 — Resolution of the Mayor and Common Council of the City of San c
Bernardino Authorizing and Directing the Execution of a Quitclaim Deed to George N
Carson LLC, for an Existing Fire Lane Easement, Located on Private Property North of o
Central Avenue, East of Tippecanoe Avenue. o
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 01:51:51
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7 M
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Mulvihill
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ABSENT: Rikke Johnson °
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5P. Public Works �
RES. 2014-361 — Resolution of the Mayor and Common Council of the City of Sang
Bernardino Awarding a Contract to Matich Corporation, for Annual Citywide o
Maintenance Services Contract for Roadway Rehabilitation Work on Various San
Bernardino City Streets, Special Provisions No. 13024.
Motion: Adopt the Resolution.
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RESULT: ADOPTED [UNANIMOUS] 03:00:14 N
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MOVER: Fred Shorett, Council Member,Ward 4 6
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SECONDER: Virginia Marquez, Council Member, Ward 1
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AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Mulvihill E
ABSENT: Rikke Johnson
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5Q. Successor Agency
RES. 2014-362 — 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 6044 Gregory Street, San Bernardino, California.
Motion: Adopt the Resolution.
Mayor and Common Council of the City of San Bernardino Page 9
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Joint Regular Meeting Minutes October 6, 2014
RESULT: ADOPTED [UNANIMOUS] 01:51:51
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios,Valdivia, Shorett,Nickel, Mulvihill
ABSENT: Rikke Johnson
5R. Treasurer's Office
Treasurer's Office Portfolio Report for the Month of August 2014
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Motion: Receive and file. o
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RESULT: ADOPTED [UNANIMOUS] 01:51:51 0
MOVER: Fred Shorett, Council Member, Ward 4 0
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Mulvihill r'
ABSENT: Rikke Johnson
6. Public Hearings M
6A. Community Development
1: RES. 2014-363 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing a Substantial Amendment to the 2014-2015 HUD Action Plan to N
Fund Various Neighborhood Revitalization Projects. _i
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Mayor Davis opened the hearing. o
Brandon Mims, Project Manager/Assistant of the City Manager, stated that the 2014-
2015 HUD Action Plan was adopted April 21, 2014, and was submitted to HUD prior to
May 15, 2014. He stated that proposed changes to the Action Plan that exceed $25,000,
are considered substantial amendments that must be noticed in The Sun, discussed at a C°,
public hearing, and adopted by the Mayor and Council. o
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Mr. Mims stated that the Community Development Department submitted a request to
the City Manager to allocate $769,813 of Community Development Block Grant funding
to be used for demolition of vacant/abandoned and fire-damaged structures ($282,419),
weed abatement on parcels that have been declared a public nuisance ($144,105), and
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neighborhood revitalization, which will focus on reducing blight, educating and Q
empowering residents on how to revive their property, and boarding up unsafe and
damaged properties ($343,289). Mr. Mims stated that the Council could choose to
completely or partially fund the request.
Council Member Shorett requested that the City Manager schedule a CDBG workshop to
review/discuss City projects.
Council Member Valdivia asked the City Manager to research and let him know what
happened to the dormant account of approximately $350,000 that he highlighted in 2012-
2013.
Mayor and Common Council of the City of San Bernardino Page 10
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Joint Regular Meeting Minutes October 6, 2014
Community Development Director Persico stated that the goal is to start in January 2015
to demolish three fire-damaged structures every month through the end of fiscal year.
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.
Public Comments:
Al Palazzo, San Bernardino, spoke about developing a bike path on both sides of the
freeway.
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Motion: Close the hearing; and adopt the Resolution. c
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RESULT: ADOPTED [UNANIMOUS] 01:04:07
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MOVER: James Mulvihill, Council Member, Ward 7 0
SECONDER: Fred Shorett, Council Member, Ward 4 ;
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Mulvihill r
ABSENT: Rikke Johnson
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7. Staff Reports M
7A. City Manap_er a
RES. 2014-364 — Resolution of the Mayor and Common Council of the City of San
Bernardino Adopting the Terms and Conditions of Employment for the Fire Safety Unit >i
Employees Represented by the San Bernardino City Professional Firefighters (SBCPF), _�
Local 891. w
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Public Comments:
Deanna Adams, San Bernardino
Jay Lindberg, San Bernardino
Scott Olson, San Bernardino r
Jeff English, President of the San Bernardino Firefighters Association N
Steve Tracy, Executive Board Member for the San Bernardino City Professional o
Firefighters
Rich Lentine, Fire Department employee
Al Palazzo, San Bernardino E
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Motion: Adopt the Resolution. Q
Mayor and Common Council of the City of San Bernardino Page 11
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Joint Regular Meeting Minutes October 6, 2014
RESULT: ADOPTED 13 TO 31 04:29:41
MOVER: Fred Shorett, Council Member,Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Virginia Marquez, Fred Shorett, James Mulvihill
NAYS: Benito J. Barrios, John Valdivia, Henry Nickel
ABSENT: Rikke Johnson
"NOTE: Mayor Davis broke the tie with a "yes"vote, and the motion carried.
7B. City Manager v
Resolution of the Mayor and Common Council of the City of San Bernardino N
Authorizing the City Manager to Enter into Negotiations with Time for Change
Foundation for Construction of the "Phoenix Village" Affordable Housing Project Using c
Home Investment Partnership Funds. p
Council Member Shorett stated that he could not support this item. He encouraged
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management to set up a workshop to discuss how CDBG funds, housing funds, and
emergency shelter funds are spent and how they will dovetail into the City's plan for
economic development.
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Motion: Table.
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RESULT: TABLED (4 TO 21 05:07:55 2I
MOVER: Fred Shorett, Council Member,Ward 4 >i
SECONDER: John Valdivia, Council Member, Ward 3 J
AYES: Benito J. Barrios, John Valdivia, Fred Shorett, Henry Nickel
NAYS: Virginia Marquez, James Mulvihill °
ABSENT: Rikke Johnson
7C. Community Development
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Resolution of the City of San Bernardino Making Application to the Local Agency C°,
Formation Commission for San Bernardino County for the Reorganization to Include c
Annexation of 379.2 Acres to the City of San Bernardino and Detachment from the San
Bernardino County Fire Protection District, Its Valley Service Zone and County Service
Area 70 of Unincorporated Territory Located in the Unincorporated Area of Verdemont
in the Foothills of the San Bernardino Mountains, North of Meyers Road and Northwest
of the Northerly Terminus of Little League Drive (APNs 0348-071-05, -06, -07, -09 & - w
10; 0348-101-50; 0348-111-03, -04, -07, -08, -09, -30, -36 & -47 through-50). Q
Public Comments:
Lynette Kaplan, San Bernardino, submitted photos into the record
Ed Bonadiman, San Bernardino
Mark Ostoich,representative for the developer and land owner, San Bernardino
Fred Martinez, Devore Heights
Jay Lindberg, San Bernardino
Scott Olson, San Bernardino
Buck Mau, Devore Heights
Mayor and Common Council of the City of San Bernardino Page 12
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Joint Regular Meeting Minutes October 6, 2014
Henry Empeno, Sr. Deputy City Attorney, advised the Mayor and Council that denial of
this proposed resolution would expose the City to liability in a breach of contract lawsuit
by the Developer, Montecito Equities, Ltd.
He stated that on February 19, 2013, the Mayor and Council approved Resolution No.
2013-034, which adopted a Final Environmental Impact Report, the Spring Trails
Specific Plan, and General Plan Amendment No. GPA 02-09, which included the pre-
annexation of the Spring Trails project site. Mr. Empeno stated that the Resolution also
adopted a Development Agreement, which is a contract that binds the City and the
developer.
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Council Member Shorett made a motion to adopt the Resolution. The motion died for `L
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lack of a second.
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Discussion ensued regarding the lack of a secondary access, fire mitigation, weed 0
abatement, and flooding/drainage issues.
Mr. Ostoich requested a two-week continuance.
Motion: Continue to October 20, 2014.
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RESULT: CONTINUED [UNANIMOUS] Next: 10/20/2014 2:00 PM
MOVER: James Mulvihill, Council Member, Ward 7 05:50:38
SECONDER: John Valdivia, Council Member, Ward 3 Ni
AYES: Marquez, Barrios,Valdivia, Shorett,Nickel, Mulvihill Ji
ABSENT: Rikke Johnson
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7D. Council Office
American Planning Association 2014 Conference
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Consensus: Receive and file. N
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7E. Council Office
Emergency Solutions Grant Award for Central City Lutheran Mission E
Public Comments: o
Pastor David Nagler, San Bernardino Q
Motion: Direct the City Manager to prepare a substantial amendment to the City's
2014-2015 Action Plans to allocate $46,345.00 of Emergency Solutions
Grant Funding to Central City Lutheran Mission.
Mayor and Common Council of the City of San Bernardino Page 13
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Joint Regular Meeting Minutes October 6, 2014
RESULT: ADOPTED 15 TO 11 03:33:35
MOVER: James Mulvihill, Council Member, Ward 7
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Shorett,Nickel, Mulvihill
NAYS: John Valdivia
ABSENT: Rikke Johnson
7F. Council Office
League of California Cities 2014 Annual Conference & Expo Reports by Council
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Members Barrios, Valdivia,Nickel, and Mulvihill N
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Consensus: Receive and file. 2
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8. Items Added After First Printing of Agenda Y
8A. City Manager
Discussion of Public Education Efforts for Ballot Measures Q &R
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Motion: To Table.
RESULT: TABLED 13 TO 31 06:05:11
MOVER: John Valdivia, Council Member, Ward 3 ('
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Benito J. Barrios, John Valdivia, Henry Nickel
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NAYS: Virginia Marquez, Fred Shorett, James Mulvihill
ABSENT: Rikke Johnson
"NOTE: Mayor Davis broke the tie with a "no"vote, and the motion failed.
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Council Member Valdivia stated he would abstain on this item because he believed the c
Mayor and Council would be breaking State law and could receive an FPPC violation for o
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using public funds on a flyer. He left the Council Chamber and returned after the vote
was taken.
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Chief Assistant City Attorney Grider advised that the flyer would be informational only a
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and would not direct residents to vote "yes" or"no." a
Public Comments:
Scott Olson, San Bernardino
Motion: Hire a consultant to prepare a neutral, educational piece to be sent to
voters regarding Ballot Measures Q &R.
Mayor and Common Council of the City of San Bernardino Page 14
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Joint Regular Meeting Minutes October 6, 2014
RESULT: FAILED 13 TO 21 06:18:01
MOVER: James Mulvihill, Council Member, Ward 7
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Virginia Marquez, Fred Shorett, James Mulvihill
NAYS: Benito J. Barrios, Henry Nickel
ABSTAIN: John Valdivia
ABSENT: Rikke Johnson
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9. Public Comments on Items Not on the Agenda N
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Robert Porter, San Bernardino, read an excerpt from a book entitled, "The Serrano 0
Indians of Southern California,"by Francis J. Johnston. o
Mike Harding, San Bernardino, stated that there are hangars and bays at the San e,
Bernardino International Airport that are not being used to their full potential. 3
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John Hillman, San Bernardino, stated that he is opposed to licensing any medical
marijuana facilities in the City.
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Bill Sandefur, San Bernardino, spoke in support of Measure Q.
Betty Jean Long, San Bernardino, stated that her phone was stolen; and that she found a
place to live. >�
Sky Moreno, Highland, said he was in favor of medical marijuana regulation. co
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Deanna Adams, San Bernardino, spoke in opposition to Measure Q. o
Jay Lindberg, San Bernardino, spoke about the war on drugs and marijuana prohibition. a,
Scott Olson, San Bernardino, spoke in opposition to Measures Q &R.
Shirley Harlan, San Bernardino, stated that homeless seniors feel like they are being c
harassed and need representation.
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James Penman, San Bernardino, spoke about Measure Q and Charter Section 186. o
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Al Palazzo, San Bernardino, spoke about the passing of Carmen Nevarez on September
22, 2014, at the age of 88. A resident of San Bernardino for over 60 years, Carmen led E
an active life during which she worked with her husband Cruz E. Nevarez and Cesar
Chavez in advocating for Hispanic rights in the San Bernardino and surrounding Inland d
Empire.
Edward Childers,homeless vet, stated that homelessness cannot be attributed to alcohol,
drugs or money problems.
Richard Castro, San Bernardino, spoke about Measure Q and medical marijuana
regulation.
Barbara Babcock, San Bernardino, spoke in support of Measures Q &R.
Mayor and Common Council of the City of San Bernardino Page 15
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Joint Regular Meeting Minutes October 6, 2014
10. Items to be Referred to Council Committees
,+ Council Member Mulvihill requested that a quarterly public bike ride event be referred to
the Ways &Means Committee for discussion.
11. Adjournment
The meeting adjourned at 11:24 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, October 20, 2014.
GEORGEANN "GIGI" HANNA c
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City Clerk Q
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Linda Sutherland vs
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Mayor and Common Council of the City of San Bernardino Page 16
Parke# �42
City of San Bernardino 2:14 p•m•Mayor R. Carey Davis
300 North "D" Street Council Members
Virginia Marquez
San Bernardino, CA 92418 Benito Barrios
http://www.sbcity.org John Valdivia
Fred Shorett
D Z �q Henry Nickel
Rikke Johnson
James L. Mulvihill
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DRAFT MINUTES
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JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL p
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
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AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY
AND of
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING >i
AS THE HOUSING AUTHORITY
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MONDAY, OCTOBER 20, 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 R. Carey Davis at 2:03 p.m., Monday, October 20, 2014, in the N
Council Chamber of City Hall, 300 North "D" Street, San Bernardino, California. N
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Roll Call
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Attendee Name Title Status Arrived E
Virginia Marquez Council Member, Ward 1 Present 2:00 p.m. w
Benito J. Barrios Council Member,Ward 2 Present 2:00 p.m. a
John Valdivia Council Member,Ward 3 Present 2:00 p.m.
Fred Shorett Council Member,Ward 4 Present 2:00 p.m.
Henry Nickel Council Member,Ward 5 Present 2:00 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 "Gi i" Hanna City Clerk Present 2:00 p.m.
Allen Parker City Manager Present 2:14 p.m.
Gary D. Saenz City Attorney Present 2:00 p.m.
Mayor and Common Council of the City of San Bernardino Page 1
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Joint Regular Meeting Minutes October 20, 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;
Glen Aire Mobilehome Park, et al. v. City of San Bernardino, et al. - San
Bernardino Superior Court, Case No. CIVDS 1114110;
In the Matter of the Appeal of CalPERS' Denial of Pension Benefits to Richard c
Lewis - Richard Lewis and City of San Bernardino (Respondents) - Ca1PERS' N
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Case No. 2014 0256; o
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MJ Dispensary Inc. v. City of San Bernardino, San Bernardino County Superior
Court Case No. CIVDS 1415372.
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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 (2) Items
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C. Conference with legal counsel - anticipated litigation - initiation of litigation - >1
pursuant to subdivision(c) of Government Code Section 54956.9. co
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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
public facilities -pursuant to Government Code Section 54957.
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F. Conference with labor negotiator - pursuant to Government Code Section C°
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G. Conference with real property negotiator - pursuant to Government Code Section
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Closed Session Announcement a
Chief Assistant City Attorney Grider announced that during closed session in the matter of the
Appeal of CalPERS'Denial of Pension Benefits to Richard Lewis —Richard Lewis and City of
San Bernardino (Respondents)—CaIPERS' Case No. 2014 0256, the Council voted unanimously
to waive the attorney client privilege on two documents that will be introduced as evidence in
that matter.
Reading of Resolutions and Ordinances
Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances
on the agenda.
Mayor and Common Council of the City of San Bernardino Page 2
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Invocation/Pledge of Allegiance
The invocation was given by Reverend Jones, Chaplain from Community Hospital. The Pledge
of Allegiance was led by Vanesa Cruz, a sixth grade student from Monterey Elementary School.
2. Appointments
2A. Mayor's Office
Appointment of Jeffrey Thurman to the Bureau of Franchises - Council Member Benito
Barrios
Motion: Approve the appointment of Jeffrey Thurman to the Bureau of Franchises N
as requested by Council Member Benito Barrios.
RESULT: ADOPTED [UNANIMOUS] 00:04:171
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Rikke Johnson, Council Member, Ward 6 3
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
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2B. Mayor's Office M
Appointment of Jeffrey Thurman to the Fine Arts Commission - Council Member Benito
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Barrios
Motion: Approve the appointment of Jeffrey Thurman to the Fine Arts >I
Commission as requested by Council Member Benito Barrios. J
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RESULT: ADOPTED [UNANIMOUS] 00:04:17
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill w
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3. Presentations N
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3A. Certificates of Recognition -- Monserrat Gutierrez, Miss Cardinal 2014-15; w
Alejandra Rincon, First Runner-Up; and Jacqueline Contreras, Second Runner-Up m
-- Council Member Barrios
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3B. Students of the Month -- Darling Santiago -- Urbita Elementary School and Jalen a
Cleveland--Middle College High School -- Council Member Valdivia
3C. Proclamation Recognizing October as Breast Cancer Awareness Month -- Council
Member Marquez — Accepted by Cindy Bean, Director of Medical and Surgical
Services at St. Bernardine Medical Center.
4. ANNOUNCEMENTS -- Chamber of Commerce & Elected Officials
1 Approximate time motion/second were made,according to timestamp on meeting video posted on City Website.
Mayor and Common Council of the City of San Bernardino Page 3
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,,,.,► 5. Consent Calendar
5A. City Clerk
Waive Full Reading of Resolutions and Ordinances
Public Comments:
Joe Ortiz, San Bernardino
Motion: Waive full reading of resolutions and ordinances on the agenda dated
October 20, 2014.
RESULT: ADOPTED [UNANIMOUS] 00:45:38 N
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MOVER: John Valdivia, Council Member, Ward 3 c
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill ;
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5B. City Clerk
Council Minutes - September 2, 2014; September 15, 2014; and September 29, 2014
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Council Member Johnson stated he would abstain on this item as he was not present at M
the Council meetings of September 15 and 29.
cr Motion: Approve the Minutes of the Mayor and Common Council Meetings of
September 2, 2014; September 15, 2014; and September 29, 2014. >1
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RESULT: ADOPTED [UNANIMOUS] 00:45:38
MOVER: John Valdivia, Council Member, Ward 3 0
SECONDER: James Mulvihill, Council Member, Ward 7 a,
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Mulvihill
ABSTAIN: Rikke Johnson
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5C. City Clerk N
RES. 2014-365 — Resolution of the Mayor and Common Council of the City of San o
Bernardino Amending Resolution No. 2008-149 Relating to Administrative Fees for y
Business Registration Liens.
Motion: Adopt the Resolution. a
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RESULT: ADOPTED [UNANIMOUS] 00:45:38
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
Mayor and Common Council of the City of San Bernardino Page 4
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Joint Regular Meeting Minutes October 20, 2014
5D. City Manager
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the City Manager to Execute a Consultant Services Agreement Between the
City of San Bernardino and Mathis Consulting Group for the Facilitation of Mayor and
Council Workshops and Recruitments.
Motion: Table.
RESULT: TABLED [UNANIMOUS] 00:45:38
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7 N
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel,Johnson, Mulvihill CD
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5E. Civil Service
Personnel Actions—Classified
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Public Comments:
Joe Ortiz, San Bernardino
Jay Lindberg, San Bernardino
Motion: Approve the classified personnel actions, as submitted by the Chief a
0 Examiner, in accordance with Civil Service rules and Personnel policies
adopted by the Mayor and Common Council of the City of San >i
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Bernardino.
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RESULT: ADOPTED [5 TO 21 00:51:31 0
MOVER: Rikke Johnson, Council Member, Ward 6
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Shorett,Nickel, Johnson, Mulvihill
NAYS: Benito J. Barrios, John Valdivia o
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5F. Community Development
Resolution of the City of San Bernardino Making Application to the Local Agency
Formation Commission for San Bernardino County for the Reorganization to Include .Ec
Annexation of 379.2 Acres to the City of San Bernardino and Detachment from the San w
Bernardino County Fire Protection District, Its Valley Service Zone and County Service a
Area 70 of Unincorporated Territory Located in the Unincorporated Area of Verdemont
in the Foothills of the San Bernardino Mountains, North of Meyers Road and Northwest
of the Northerly Terminus of Little League Drive (APNs 0348-071-05, -06, -07, -09 &
-10; 0348-101-50; 0348-111-03, -04, -07, -08, -09, -30, -36 & -47 through -50).
(Continued from October 6, 2014)
Mayor and Common Council of the City of San Bernardino Page 5 °—
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Joint Regular Meeting Minutes October 20, 2014
Public Comments:
Joe Ortiz, San Bernardino
James Onken, San Bernardino
Richard Kaplan, San Bernardino
Lynette Kaplan, San Bernardino
Mark Ostoich, San Bernardino
Arlean C. Potter, San Bernardino
Buck Mau, Devore Heights
Fred & Kathy Martinez
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Motion: Continue to November 3, 2014.
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RESULT: CONTINUED [6 TO 11 Next: 11/3/2014 2:00 PM o
MOVER: Fred Shorett, Council Member, Ward 4 01:08:48 0
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel,Mulvihill
NAYS: Rikke Johnson _
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5G. Community Development
RES. 2014-366 — Resolution of the Mayor and Common Council of the City of San s
Bernardino Authorizing the Execution of an Amended Consultant Services Agreement
with Willdan Engineering for Plan Review, Inspection, Stormwater Management, Fire >1
and Life Safety Plan Review, Building Official, and Counter Services. J
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Motion: Adopt the Resolution. a
RESULT: ADOPTED [UNANIMOUS] 00:45:38
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson,Mulvihill N
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5H. Finance t-
Approval of Commercial Checks and Payroll Checks d
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Motion: Approve the claims and payroll and authorize the issuance of warrants as
listed. w
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RESULT: ADOPTED [UNANIMOUS] 00:45:38
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
Mayor and Common Council of the City of San Bernardino Page 6
Joint Regular Meeting Minutes October 20, 2014
5I. Fire
RES. 2014-367 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of a Vendor Purchase Agreement and Issuance of
an Annual Purchase Order to Allstar Fire Equipment, Inc. in the Amount of$45,000 for
the Replacement of Protective Clothing and Equipment for Structural and Wildland
Firefighting.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 00:45:38
MOVER: John Valdivia, Council Member, Ward 3 c
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson,Mulvihill o
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5J. Fire
RES. 2014-368 — Resolution of the Mayor and Common Council of the City of San 3
Bernardino Authorizing the Execution of Amendment Number Two to the Purchase
Agreement Between the City of San Bernardino and Allstar Fire Equipment, Inc. to
Increase Annual Purchase Order Number 2015-00000144 by $55,000 for an Amount Not
to Exceed $100,000 for the Replacement of Lion Janesville Structural Firefighting
Turnouts.
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Motion: Adopt the Resolution. >1
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RESULT: ADOPTED [UNANIMOUS] 00:45:38
MOVER: John Valdivia, Council Member, Ward 3 0
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez,Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
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5K. Human Resources c
Resolution of the City of San Bernardino Amending Resolution No. 6413, Sections Ten, o
Eleven, Twelve, and Fourteen, Entitled in Part "A Resolution... Establishing a Basic c
Compensation Plan...", by Updating Information Codifying Prior Council Actions T
(General, Middle-Management, and Confidential &Management).
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Motion: Refer to the Personnel Committee.
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RESULT: ADOPTED [UNANIMOUS] 00:45:38
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
5L. Human Resources
RES. 2014-369 — Resolution of the Mayor and Common Council of the City of San
Bernardino Approving Employer Paid Health Benefit Contributions for Benefit Plan Year
2015.
Mayor and Common Council of the City of San Bernardino Page 7
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Joint Regular Meeting Minutes October 20, 2014
Public Comments:
Stephen N.Johns, San Bernardino
Deanna Adams, San Bernardino
Jay Lindberg, San Bernardino
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Motion: Adopt the Resolution.
RESULT: ADOPTED [5 TO 21 01:40:24
MOVER: Virginia Marquez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Shorett,Nickel, Johnson, Mulvihill N
NAYS: Benito J. Barrios,John Valdivia
5M. Parks, Recreation & Community Services
RES. 2014-370 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Director of Finance to Transfer $368,000 from the San
Bernardino Soccer Complex Unexpended Cash Fund Balance and Directing the Director
of Finance to Amend the FY 2014-15 Budget by $368,000 on Both Revenues and
Expenditures for Fund 134—Soccer Complex Fund. LO
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Motion: Adopt the Resolution. a,
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RESULT: ADOPTED [UNANIMOUS] 00:45:38 Ni
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill o
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5N. Police
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RES. 2014-371 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of a Memorandum of Understanding Between the N
San Bernardino City Unified School District and the City of San Bernardino. N
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Motion: Adopt the Resolution. w
RESULT: ADOPTED [UNANIMOUS] 00:45:38 E
MOVER: John Valdivia, Council Member, Ward 3 r
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SECONDER: James Mulvihill, Council Member, Ward 7 Q
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
50. Police
RES. 2014-372 — Resolution of the Mayor and Common Council of the City of San
Bernardino Awarding Victor Medical a Purchase Order for Animal Medications and
Supplies Not to Exceed $84,000.00 with Three Optional Renewal Years.
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Public Comments.
Joe Ortiz, San Bernardino
Mayor and Common Council of the City of San Bernardino Page 8
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Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 01:43:20
MOVER: James Mulvihill, Council Member,Ward 7
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Mulvihill
ABSENT: Rikke Johnson
5P. Public Works d
RES. 2014-373 — Resolution of the Mayor and Common Council of the City of San N
Bernardino Authorizing the Director of Finance to Transfer $1,358,536.62 from Within
the Budget of the Department of Public Works in Order to Fund Salaries Department
Wide. O
Motion: Adopt the Resolution.
RESULT: ADOPTED [5 TO 11 01:52:46
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Shorett,Nickel, Mulvihill a,
NAYS: John Valdivia
ABSENT: Rikke Johnson
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6. Staff Reports o
6A. City Attorney
Discuss and Take Possible Action Regarding Medical Marijuana Dispensaries.
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Public Comments: C°
Joe Ortiz, San Bernardino CD
James DeAguilera, Redlands °
E.T. Snell, clown community activist
William Cioci, San Bernardino
Jay Lindberg, San Bernardino
Karmel Roe, San Bernardino a
Deanna Adams, San Bernardino
Mark Estermyer, San Bernardino
City Attorney Saenz presented an oral report to the Mayor and Council.
Consensus: Receive and file.
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6B. City Manager
Report on Financial Transparency Platform
Chris Lopez gave a PowerPoint presentation regarding the OpenGov platform, which will
allow public access to the City's budget.
Consensus: Receive and file.
6C. Mayor's Office
Discuss and Take Possible Action Regarding Public Integrity and Open Meetings Policy r
on the Use of Communications Devices
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Discussion ensued regarding possible Brown Act and First Amendment violations. o
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Public Comments: ;
Joe Ortiz, San Bernardino a
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Motion: Refer the matter of a cell-phone ban for public officials and staff during
official meetings of the Mayor and Common Council to the Legislative
Review Committee. M
RESULT: FAILED [3 TO 31 03:28:10
MOVER: James Mulvihill, Council Member, Ward 7
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SECONDER: Virginia Marquez, Council Member, Ward 1 UI
AYES: Virginia Marquez, Henry Nickel, James Mulvihill
NAYS: Benito J. Barrios, John Valdivia, Fred Shorett
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ABSENT: Rikke Johnson
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6D. Public Works
RES. 2014-374 — Resolution of the Mayor and Common Council of the City of San N
Bernardino Adopting the Five-Year Capital Improvement Program (FY 2014-2019) for N
Measure I Local Expenditures. o
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Public Comments:
Al Palazzo, San Bernardino E
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Motion 1: Adopt the Resolution with Exhibits "A" and "B". Q
RESULT: ADOPTED [UNANIMOUS] 03:49:45
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Mulvihill
ABSENT: Rikke Johnson
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Mayor and Common Council of the City of San Bernardino Page 10
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Joint Regular Meeting Minutes October 20, 2014
,�. City Attorney Saenz stated he would abstain on this item because he owns real property
within 500 feet of the subject area. He left the Council Chamber and returned after the
vote was taken.
Council Members Marquez and Valdivia stated they would abstain on this item because
they own real property in the subject area. They left the Council Chamber and returned
after the vote was taken.
Motion 2: Adopt the Resolution with Exhibit "C".
RESULT: ADOPTED [4 TO 01 04:03:28 N
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7 0
AYES: Benito J. Barrios, Fred Shorett, Henry Nickel, James Mulvihill o
ABSTAIN: Virginia Marquez, John Valdivia
ABSENT: Rikke Johnson
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6E. Public Works co
RES. 2014-375 — Resolution of the Mayor and Common Council of the City of San M
Bernardino Adopting the Five-Year Capital Project Needs Analysis (2015-2020) for
Measure 120 1 Om2O4O Expenditures.
Public Comments: N
Al Palazzo, San Bernardino Ji
Motion: Adopt the Resolution. o
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RESULT: ADOPTED [UNANIMOUS] 04:05:18
MOVER: John Valdivia, Council Member,Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4 `t
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AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Mulvihill o
ABSENT: Rikke Johnson `�
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E.T. Snell, San Bernardino, spoke about medical marijuana. Q
Bill Sandefur, San Bernardino, spoke in support of Measures Q (Safety Personnel
Salaries) & R(Civil Service Discharge or Reduction of Compensation).
Nicole Wolfe, Time for Change Foundation, San Bernardino, distributed and submitted
into the record a packet of information regarding the competitive bid process for the
awarding of CDBG funds in accordance with HUD rules and regulations.
Vanessa Perez, Time for Change Foundation, San Bernardino, stated that she had hope
that the City will make the right decisions and will follow the policies and procedures in
order to benefit the City.
Mayor and Common Council of the City of San Bernardino Page 11
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Kim Carter, Time for Change Foundation, San Bernardino, spoke about the results of
the HUD audit.
Deanna Adams, San Bernardino, spoke about the camera work at Council meetings; and
spoke in opposition to Measures Q & R.
Cassie Levy, San Bernardino, spoke about the lack of Animal Control Commission
meetings and urged the Council to appoint members who are willing to attend.
Jay Lindberg, San Bernardino, said the money being spent on the war on drugs should
be used on education and job training. c
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Scott Olson, San Bernardino, spoke in support of Joe Arnett for San Bernardino Valley
Water Board; and in opposition to Measure Q.
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Joe Ortiz, San Bernardino, spoke in opposition to Measure Q. '
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Jim Smith, Highland, spoke about the negative perception of the City; and spoke in c
support of Measure Q.
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8. Items to be Referred to Council Committees
None. v�
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9. Adjournment J�
At 8:29 p.m., the meeting adjourned to 6:00 p.m., Monday, October 27, 2014, in the
Council Chamber of City Hall, for a CDBG Workshop. 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,
November 3, 2014. 'Y
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GEORGEANN "GIGI" HANNA o
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City Clerk
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Linda Sutherland
Deputy City Clerk Q
Mayor and Common Council of the City of San Bernardino Page 12
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Mayor R. Carey Davis
City of San Bernardino
300 North "D" Street Council Members
B San Bernardino CA 92418 Virginia Marquez
x Benito Barrios
w http://www.sbcity.org John Valdivia
Fred Shorett
* G'�'�►ED Henry Nickel
Rikke Johnson
James L. Mulvihill
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DRAFT MINUTES o
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JOINT ADJOURNED REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO r
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 a
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MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING -i
AS THE HOUSING AUTHORITY
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MONDAY, OCTOBER 27, 2014
COUNCIL CHAMBER
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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., Monday, October 27, o
2014, in the Council Chamber of City Hall, 300 North "D" Street, San Bernardino, California. ti
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Roll Call
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Attendee Name Title Status Arrived
Virginia Marquez Council Member, Ward l 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 Absent -----------
James Mulvihill Council Member, Ward 7 Present 6:00 p.m.
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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:OO p.m.
Mayor and Common Council of the City of San Bernardino Page]
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Joint Adjourned Regular Meeting Minutes October 27, 2014
r 1. Closed Session — Pursuant to Government Code Sections(s):
A. Conference with legal counsel - existing litigation -pursuant to Government Code
Section 54956.9(d)(1):
In re: City of San Bernardino - U.S. Bankruptcy Court, Case No. 6:12-bk-28006
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B. Conference with legal counsel - anticipated litigation - significant exposure to
litigation-pursuant to subdivision (d)(2) of Government Code Section 54956.9:
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C. Conference with legal counsel - anticipated litigation - initiation of litigation -
pursuant to subdivision (d)(4) of Government Code Section 54956.9. o
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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 g
public facilities -pursuant to Government Code Section 54957.
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F. Conference with labor negotiator - pursuant to Government Code Section
54957.6. a,
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G. Conference with real property negotiator - pursuant to Government Code Section Ni
54956.8.
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Pledge of Allegiance o
The Pledge of Allegiance was led by Council Member Valdivia. d,
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2. Staff Reports a
2A. City Manager
Workshop on Housing and Community Development Funding
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Brandon Mims, Project Manager/Assistant of the City Manager, provided an overview of o
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the City's Housing and Community Development Funding and answered questions posed :
by the Council.
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Copies of the PowerPoint presentation titled, "Council Workshop, Housing and
Community Development Funding," dated Monday, October 27, 2014, were distributed 4
to the Mayor and Council and submitted into the record.
Public Comments:
Betty Jean Long, San Bernardino
Karmel Roe, San Bernardino
Consensus: Receive and file.
Mayor and Common Council of the City of San Bernardino Page 2
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Joint Adjourned Regular Meeting Minutes October 27, 2014
err 3. Public Comments on Items Not on the Agenda
Betty Jean Long, San Bernardino, spoke about the dirty politics in San Bernardino and
showed local newspapers featuring stories about the City.
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j 4. Adjournment
The meeting adjourned at 8:33 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,November 3, 2014.
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GEORGEANN "GIGI" HANNA
City Clerk 0
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By =
Linda Sutherland
Deputy City Clerk
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