HomeMy WebLinkAbout06-01-2015 Jt. Reg Mtg Minutes City of San Bernardino Mayor R. Carey Davis
300 North "D" Street Council Members
e Virginia Marquez
- o San Bernardino CA 92418
� � Benito Barrios
http://www.sbcity.org John Valdivia
Fred Shorett
PLC D iK Henry Nickel
Rikke Johnson
James L. Mulvihill
MINUTES
JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING
AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING
AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY
AND
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING
AS THE HOUSING AUTHORITY
MONDAY,JUNE 1, 2015
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 2:04 p.m., Monday, June 1, 2015, in the Council
Chamber of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Attendee Name Title Status Arrived
Virginia Marquez Council Member, Ward 1 Present 2:00 p.m.
Benito J. Barrios Council Member, Ward 2 Present 2:00 p.m.
John Valdivia Council Member, Ward 3 Absent ----------
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 12:00 p.m.
R. Carey Davis Mayor Present 2:00 p.m.
Georgeann "Gig? 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 Pagel Printed 61912015
Joint Regular Meeting Minutes June 1, 2015
1. Closed Session — Pursuant to Government Code Sections(s):
A. Conference with legal counsel - existing litigation - pursuant to Government Code
Section 54956.9(a) and (d)(1):
In re: City of San Bernardino - U.S. Bankruptcy Court, Case No. 6:12-bk-
28006 MJ
B. Conference with legal counsel - anticipated litigation - significant exposure to
litigation - pursuant to Government Code Section 54956.9(d)(2).
C. Conference with legal counsel - anticipated litigation - initiation of litigation -
pursuant to Government Code Section 54956.9(d)(4):
City of San Bernardino v. BNR Holdings,LLC
D. Closed Session - personnel - pursuant to Government Code Section 54957:
City Manager
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
0 54957.6.
G. Conference with real property negotiator - pursuant to Government Code Section
54956.8:
Property: Address: Vacant land on 91h Street- APN No. 0140-241-45
Negotiating Parties:
Bill Manis, City of San Bernardino
Steven Wehr, Principal of BMW Realty Advisors & Jian Torkan, ICO Real
Estate Group
Reading of Resolutions and Ordinances
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 Councilman Jess Flores and
Mary Ruth Townsend.
Invocation/Pledge of Allegiance
The invocation was given by Chaplain Deborah Jones from Life Changing Ministries. The
Pledge of Allegiance was led by Odyssey Rae Escalera, a first grade student from Holy Rosary
Academy.
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Joint Regular Meeting Minutes June 1, 2015
2. Closed Session Report
City Attorney Saenz announced that in the matter of City of San Bernardino v. BNR
' Holdings, LLC,the Council gave settlement negotiation direction by a vote of 6-0.
3. Appointments
3A. Mayor's Office
Re-Appointment of Curtis Stout to the Civil Service Board - Mayor R. Carey Davis
Motion: Approve the re-appointment of Curtis Stout to the Civil Service Board as
requested by Mayor R. Carey Davis.
RESULT: ADOPTED [UNANIMOUS] 00:04:29'
MOVER: Rikke Johnson, Council Member, Ward 6
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill
ABSENT: John Valdivia
4. Presentations
4A. Presentation of 2015 Tachikawa Sister City Student Ambassadors -- Jessica
Aparicio Angel, Sienna Cabrera, and Alex Morrow -- Mayor Carey Davis
4B. Certificate Presentation -- Resolution Honoring Sue Mandell and Susan Aguilar of
WeTIP -- Council Member Valdivia (Postponed)
4C. Chapter Updates on The Great Race -- Chapters 7 & 8 -- Parks, Recreation &
Community Services Director Mickey Valdivia
4D. Bankruptcy/Strategic Planning Update -- Management Partners
Andy Belknap, Regional Vice President of Management Partners, Inc., reported that last
Friday, May 29, 2015, the City filed its Plan of Adjustment and the associated Disclosure
Statement, as well as the Recovery Plan that was approved by the Council on May 18,
2015, with the Federal Bankruptcy Court in Riverside, meeting its deadline of May 30,
2015. He announced that a Status Conference would be held on June 17, 2015.
4E. Chamber of Commerce & Local Elected Officials Announcements
Upcoming events were announced by Phil Waller of the San Bernardino Area Chamber
of Commerce and Ashley Jones of Assemblywoman Cheryl Brown's office.
Approximate time the motion/second were made, according to meeting video posted on City web site.
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Joint Regular Meeting Minutes June 1, 2015
5. Consent Calendar
Public Comments:
Scott Olson, San Bernardino, stated that the public should be allowed to comment on all
consent calendar items and should not be limited to three minutes.
Kathy Mallon, San Bernardino, asked what the process was for determining which items
are placed on the consent calendar versus discussed under staff reports. She stated that
the public is not notified when items are pulled off the consent calendar.
5A. City Clerk
Waive Full Reading of Resolutions and Ordinances
Motion: Waive full reading of resolutions and ordinances on the agenda dated June
1, 2015.
RESULT: ADOPTED [UNANIMOUS] 00:42:32
MOVER: Rikke Johnson, Council Member, Ward 6
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Shorett, Nickel, Johnson, Mulvihill
ABSENT: John Valdivia
5B. City Clerk
RES. 2015-105 — Resolution of the Mayor and Common Council of the City of San
Bernardino Requesting that the City of San Bernardino's Primary Municipal Election be
Consolidated with the November 3, 2015 Consolidated Election Conducted by the
County of San Bernardino.
Council Member Marquez stated that there was an error in the third paragraph of the staff
report where it listed the offices that were up for election in 2013, which should have
read 2015.
City Clerk Hanna stated that the error in the staff report would be corrected.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 00:43:40
MOVER: Virginia Marquez, Council Member, Ward 1
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill
ABSENT: John Valdivia
5C. City Attorney
RES. 2015-106 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of a Professional Services Agreement with Hanson
Bridgett LLP for Legal Services Relating to Contracting Out City Services.
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Public Comments:
Kathy Mallon, San Bernardino
Motion: Adopt the Resolution.
R ADOPTED [UNANIMOUS] 00:45:49
MOVER: James Mulvihill, Council Member, Ward 7
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill
ABSENT: John Valdivia
5D. City Attorney
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the Execution of Amendment No. 1 to Employment Agreement Between
Allen Parker and the City of San Bernardino. (Continued from May 18, 2015)
Public Comments:
Scott Olson, San Bernardino
Kathy Mallon, San Bernardino
Motion: Table.
RESULT: TABLED [4 TO 21 00:46:41
MOVER: Rikke Johnson, Council Member, Ward 6
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Virginia Marquez, Benito J. Barrios, Henry Nickel, Rikke Johnson
NAYS: Fred Shorett, James Mulvihill
ABSENT: John Valdivia
5E. Civil Service
Personnel Actions - Classified
Motion: Approve the classified personnel actions (Revised 611115), 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] 00:42:32
MOVER: Rikke Johnson, Council Member, Ward 6
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Shorett, Nickel, Johnson, Mulvihill
ABSENT: John Valdivia
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Joint Regular Meeting Minutes June 1, 2015
SF. Finance
Approval of Checks Warrants and Payroll Checks
Motion: Approve the claims and payroll and authorize the issuance of warrants as
listed.
RESULT: ADOPTED [UNANIMOUS] 00:42:32
MOVER: Rikke Johnson, Council Member, Ward 6
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill
ABSENT: John Valdivia
5G. Fire
RES. 2015-107 — Resolution of the Mayor and Common Council of the City of San
Bernardino Adopting a Standard Agreement to be Used for Gaining the Permission of
Parcel Owners to Enter Their Property for the Purpose of Conducting Prescribed and/or
Structural Training Burns.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 00:42:32
MOVER: Rikke Johnson, Council Member, Ward 6
10 SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill
ABSENT: John Valdivia
III. Fire
RES. 2015-108 — Resolution of the Mayor and Common Council of the City of San
Bernardino Identifying the Terms and Conditions for Fire Department Response Away
from Their Official Duty Station and Assigned to an Emergency Incident.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 00:42:32
MOVER: Rikke Johnson, Council Member, Ward 6
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Shorett, Nickel, Johnson, Mulvihill
ABSENT: John Valdivia
5I. Fire
RES. 2015-109 — Resolution of the Mayor and Common Council of the City of San
Bernardino Ratifying the Submittal of an On-Line Grant Application for FY 2014
Staffing for Adequate Fire and Emergency Response (SAFER) to the US Department of
Homeland Security, Federal Emergency Management Agency and Authorizing the Fire
Department to Accept and Administer the Grant If Awarded.
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Motion: Adopt the Resolution.
" RESULT: ADOPTED [UNANIMOUS] 00:42:32
MOVER: Rikke Johnson, Council Member, Ward 6
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill
ABSENT: John Valdivia
5J. Human Resources
Personnel Actions - Unclassified
Motion: Approve the unclassified personnel actions (Revised 611115), as submitted
by the Human Resources Division Manager, in accordance with City
policies and procedures.
RESULT: ADOPTED [5 TO 11 00:53:20
MOVER: Virginia Marquez, Council Member, Ward 1
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Shorett, Johnson, Mulvihill
NAYS: Henry Nickel
ABSENT: John Valdivia
5K. Police
RES. 2015-110 — Resolution of the Mayor and Common Council of the City of San
Bernardino Ratifying the Submittal of an Application for a Grant Assistance Program
(GAP) Grant from the State of California Office of Alcoholic Beverage Control in the
Amount of$50,000 and Authorizing the Police Department to Accept and Administer the
Grant.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 00:42:32
MOVER: Rikke Johnson, Council Member, Ward 6
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill
ABSENT: John Valdivia
5L. Public Works
RES. 2015-111 — Resolution of the Mayor and Common Council of the City of San
Bernardino Approving Cooperative Agreement No. 08-1607 with the State of California
Department of Transportation Authorizing Funding for a Traffic Signal at the Interstate
215/Waterman Avenue On-Ramp.
10 Motion: Adopt the Resolution.
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0 RESULT: ADOPTED [UNANIMOUS] 00:42:321
MOVER: Rikke Johnson, Council Member, Ward 6
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill
ABSENT: John Valdivia
5M. Successor A2ency
RES. 2015-112 — 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 2036 East 171" Street, San Bernardino, California.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 00:42:32
MOVER: Rikke Johnson, Council Member, Ward 6
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill
ABSENT: John Valdivia
5N. Successor Aeency
RES. 2015-113 — 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 3147 North Lugo Avenue, San Bernardino, California.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 00:42:32
MOVER: Rikke Johnson, Council Member, Ward 6
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill
ABSENT: John Valdivia
50. Successor Aaencv
RES. 2015-114 — Resolution of the Mayor and Common Council of the City of San
Bernardino Acting as the Successor Agency to the Redevelopment Agency o f
the City of
San Bernardino Authorizing the Execution of an Engagement Letter with the Law Firm
of Orrick, Herrington & Sutcliffe LLP, and a Waiver of Potential Conflicts of Interest
that May Arise from Such Legal Representation.
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Motion: Adopt the Resolution.
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0 RESULT: ADOPTED [UNANIMOUS] 00:42:32
MOVER: Rikke Johnson, Council Member, Ward 6
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill
ABSENT: John Valdivia
6. Public Hearings
6A. Community Development
RES. 2015-115 — Resolution of the Mayor and Common Council of the City of San
Bernardino Denying Appeal No. 15-02 and Upholding the Planning Commission
Decision Denying Appeal No. 15-01; Thereby Affirming the Community Development
Director's Approval of Minor Modifications to Tentative Tract Map No. 15731 and the
North Plan (Highland Hills Project) Generally Located East of Freeway 330 and North of
Highland Avenue.
Mayor Davis opened the hearing.
City Attorney Saenz stated that after commencement of the Council meeting, he had
received information that there had been a letter and package submitted by Briggs Law
Corporation indicating that they represented James Nunn and the Highland Hills
Homeowners Association, the appellants in the case. He stated that in the letter Mr. Cory
Ar Briggs requested a continuance of the appeal until after July 10, 2015, due to a family
emergency.
Submitted into the record was a letter and a CD addressed to the Mayor and Common
Council from Cory J. Briggs, dated 1 June 2015, Re: Appeal of Planning Commission's
April 15, 2015 Upholding of its February 18, 2015 Decision to Approve Minor
Modification 14-34 to Tentative Tract Map 15731 (Highland Hills Project).
Mark Ostoich, Gresham, Savage, Nolan & Tilden, San Bernardino, attorney
representing the applicant, spoke in opposition to the continuance. He stated that he
believed this was a strategic move by Mr. Briggs to obtain more time to prepare for the
case.
It was the consensus of the Council to proceed with the hearing.
Mark Persico, Community Development Director, gave background information on the
project, discussed Section 1.4 of the Settlement Agreement, and reviewed the appellant's
grounds for the appeal. He stated that staff recommended that the Mayor and Common
Council adopt the Resolution and deny Appeal No. 15-02, based upon the Findings of
Fact, thereby upholding the April 15, 2015 decision of the Planning Commission and his
approval of the operating agreement on December 30, 2014.
0 Mr. Ostoich stated that the project was an upscale project that the City of San Bernardino
both deserves and needs. He described the proposed modified project in light of the
criteria in Section 1.4 of the Second Addendum to the Settlement Agreement.
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Mr. Ostoich stated that under the Settlement Agreement that was approved by the court,
they had received approval to build a 1,516 unit project and the Agreement provided that
if they wanted to build a smaller project and could reasonably demonstrate that they had
reduced the environmental impacts of the project, they were entitled to have that
approval. He stated that that's what is known as a ministerial approval under the law. He
stated that in 2001 the larger project was deemed to be appropriate to build and what they
were proposing was a dramatically smaller project. He added that all the street
improvements were designed for the larger project so they were actually over building
the off-site improvements that would serve this project.
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 (the following individuals spoke in support of denial of the
appeal):
Ken Meddock, Project Manager for Highland Hills, Irvine
LJ Edgecomb, First American Title, Newport Beach
Mike Gallo, San Bernardino, said he did not want to see any low income or rental
housing units
Tom Brickley, San Bernardino, said he did not want to see any low income or rental
housing units
Nick Depasquale, San Bernardino
Shirley Harlan, San Bernardino
Public Comments (the following individuals spoke in support of approval of the
appeal):
Jim Nunn, attorney representing the Highland Hills Home Owners Association
Dennis Johnson, Highland
Donita Remington, Highland
Steve Purper, Highland
Jay Lindberg, San Bernardino
Ann Strawn, Highland
Glenn Drewes, Highland
Gary Lee, Highland, requested that the builders consider putting in larger lots rather than
parks
Scott Olson, San Bernardino
Robert Porter, San Bernardino
Mark Uffer, Highland
Messrs. Ostoich and Meddock responded to concerns raised regarding the flood control
facility, seismic activity, and fire safety.
Council Member Nickel stated that he believed the core of what they were trying to
determine was whether there was an abuse of discretion or whether Mr. Persico exercised
proper authority under his right to determine the meaning of a minor modification.
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Joint Regular Meeting Minutes June 1, 2015
City Attorney Saenz stated that the Community Development Director made a decision
that the development was in conformance with the requirements of the agreement that
was entered into and that affirmation by Mr. Persico was confirmed by the Planning
Commission in terms of an appeal that went before them and they denied. He stated that
the Council was being asked to grant an appeal suggesting that the Planning Commission
erred in their confirmation of Mr. Persico's assessment. Mr. Saenz stated that he saw no
legal basis for granting the appeal and believed the resolution denying that appeal should
be approved.
Council Member Nickel questioned whether everyone had a common understanding of
what a minor modification was.
Mr. Persico stated that minor modifications must meet the six requirements as set forth in
the first paragraph on page 244 of the backup. He stated that where some people may be
struggling was with the size of the reduction. The language in the settlement agreement
does not specify a certain percentage to be the threshold and anything beyond that is no
longer minor. It says that if conditions a-f are met, it shall be "deemed a minor
modification."
Mr. Ostoich stated that if you could find, by virtue of the several specifications in the
agreement, that the modified project was more environmentally friendly than the
approved project, then that's a minor modification. Mr. Ostoich said he believed they
met that burden.
Council Member Johnson asked if language could be added to the agreement which
would prevent rental units in this development.
Mr. Ostoich stated that the homes were not going to be inexpensive despite the fact that
some of them would be attached. He said the condominiums were going to cost in the
hundreds of thousands of dollars.
Council Member Barrios requested that the developers look into changing the name of
the project to San Bernardino Hills rather than Highland Hills.
Motion: Close the hearing; and adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 03:43:49
MOVER: James Mulvihill, Council Member, Ward 7
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill
ABSENT: John Valdivia
7. Staff Reports
7A. Council Office
Update of the 2015 NUSA (Neighborhoods, USA), 401h Annual Conference on
Neighborhood Concerns
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Joint Regular Meeting Minutes June 1, 2015
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Council Member Nickel gave a brief presentation.
Consensus: Receive and file.
RESULT: ADOPTED [UNANIMOUS]
AYES: Marquez, Barrios, Shorett, Nickel, Johnson, Mulvihill
ABSENT: John Valdivia
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7B. Council Office
Update of the 2015 Southern California Association of Governments' (SCAG) 50th
Annual Regional Conference and General Assembly
Council Member Mulvihill gave a brief presentation.
Consensus: Receive and file.
RESULT: ADOPTED [UNANIMOUS]
AYES: Marquez, Barrios, Shorett, Nickel, Johnson, Mulvihill
ABSENT: John Valdivia
8. Public Comments on Items Not on the Agenda
Margaret Hill, Highland, said she was proud to be in San Bernardino; urged citizens to
have positive rather than negative attitudes; and requested that the Mayor announce at the
beginning of Council meetings when someone was going to be absent.
Scott Olson, San Bernardino, spoke about the last minute filing of the Recovery Plan.
Al Palazzo, Rialto, stated that he had many ideas of how to rebuild and bring economic
prosperity to San Bernardino. He said he is writing a book and wished he could find the
words to explain what it is like to be motivated by a lifelong dream.
Shirley Harlan, San Bernardino, stated that as a resident she felt she had a responsibility
to think outside the box to come up with a plan to help pay the City's debt. She stated
that one thing residents could do was to round out the payments they make to the City
and then that money could be put into a special trust fund that would be used to pay off
the debt.
Jay Lindberg, San Bernardino, spoke about the closing of the former Norton Air Force
Base; NAFTA; and the war on drugs.
Deanna Adams, San Bernardino, spoke about the drought problems in San Bernardino
dating back to 2000, prior to the Lakes and Streams Project.
Robert Porter, San Bernardino, said it was important for citizens to be given an
IL J opportunity to speak on items at Council meetings; and spoke against development in the
hills surrounding Arrowhead Springs.
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Joint Regular Meeting Minutes June 1, 2015
9. Items to be Referred to Council Committees (None)
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10. Announcements from Mayor, Common Council and Executive Staff
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11. Adjournment
The meeting adjourned at 8:45 p.m. The next joint regular meeting of the Mayor and
Common Council and the Mayor and Common Council Acting as the Successor Agency
Y
to the Redevelopment Agency is scheduled for 2:00 p.m., Monday, June 15, 2015.
{
3
GEORGEANN "GIGI" HANNA
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9 City Clerk
BY—T
Linda Sutherland
9
Deputy City Clerk
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1
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Mayor and Common Council of the City of San Bernardino Page 13 Printed 6/9/2015