HomeMy WebLinkAbout05.B- City Clerk 5.B
DOC ID: 4578
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Information/Report
From: Georgeann "Gigi" Hanna M/CC Meeting Date: 08/01/2016
Prepared by: Georgeann "Gigi" Hanna,
Dept: City Clerk Ward(s): All
Subject:
Council Minutes for the Meetings of May 2, 2016; and May 16, 2016 (#4578)
Current Business Registration Certificate: Not Applicable
Financial Impact:
None.
Motion: Approve the Minutes of the Mayor and Common Council Meetings of May
2, 2016; and May 16, 2016.
Supporting Documents:
05-02-2016 A. Reg. (Draft)_LS_VM_ (DOC)
05-16-2016 A. Reg. (Draft)_VM_LS_ (DOC)
Updated: 7/25/2016 by Georgeann "Gigi" Hanna Packet Pg. 10
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AR°'4'a City of San Bernardino Mayor R. Carey Davis
300 North "D" Street Council Members
San Bernardino, CA 92418 Virginia Marquez Benito Barrios
http://www.sbcity.org John Valdivia
Fred Shorett
D Its 1�1 Henry Nickel
Bessine L. Richard
James L. Mulvihill
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DRAFT MINUTES
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
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AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY
AND i
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING >i
AS THE HOUSING AUTHORITY
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MONDAY, MAY 29 2016 M
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, May 2, 2016, in the Council o
Chamber of City Hall, 300 North "D" Street (Lobby), San Bernardino, California. N
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Roll Call o
Attendee Name Title _ Status Arrived
gi ._m, i ,..�.... .,, d . _ .Present � .
Virginia Marquez Council Member Ward 1 1 2:00 p m.
Benito J. Barrios Council Member, Ward 2 Present 2:10 p.m.
John Valdivia Council Member, Ward 3 Present 1 2:10p.m. Q
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Fred Shorett Council Member, Ward 4 1 Present ; 2••00 p.m.
Henry Nickels Council Member, Ward M5 _ Present 2:10 p.m.
Bessme L_Richard Council Member, Ward 6 Present 2.00 m.
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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 f Present 2:00 p.m.
Gary D. Saenz City Attorney Present 2:00 p.m.
Mark Scott City Manager 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 May 2, 2016
1. Closed Session— Pursuant to Government Code Sections(s):
A. Conference with legal counsel - existing litigation -pursuant to Government Code
ISection 54956.9(a) and(d)(1):
In re: City of San Bernardino - U.S. Bankruptcy Court, Case No. 6:12-bk-
28006 MJ;
Clinton Seevers v. City of San Bernardino - WCAB Case Nos. ADJ9803195 &
ADJ9803379;
Robert Guenther v. City of San Bernardino -WCAB Case No. ADJ9209208; o
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Glen Aire Mobilehome Park, et al. v. City of San Bernardino, et al. - San
Bernardino Superior Court, Case No. CIVDS 1114110;
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City of San Bernardino v. San Bernardino Valley Municipal Water District -
San Bernardino Superior Court, Case No. CIVDS 1605532. g
B. Conference with legal counsel - anticipated litigation - significant exposure to
litigation -pursuant to Government Code Section 54956.9(d)(2). v
C. Conference with legal counsel - anticipated litigation - initiation of litigation - ti
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pursuant to Government Code Section 54956.9(d)(4):
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City v. Davis City v. SBTRS, LLC >
City v. Cortez CnI
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D. Closed Session-personnel -pursuant to Government Code Section 54957(b).
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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(a).
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F. Conference with labor negotiator - pursuant to Government Code Section N
54957.6. N
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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 Q
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 of The Salvation Army. The Pledge of
Allegiance was led by Arianna Marquez, a 6th grade student at Arrowhead Elementary School.
Mayor and Common Council of the City of San Bernardino Page 2
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Joint Regular Meeting Minutes May 2, 2016
2. Closed Session Report
City Attorney Saenz reported the following actions:
Under Agenda Item No. 1A, existing litigation:
In the matter of Clinton Seevers v. City of San Bernardino, the Council gave
settlement directive by vote of 7-0;
In the matter of Robert Guenther v. City of San Bernardino, the Council gave
settlement directive by vote of 7-0.
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Under Agenda Item No. 1 C, anticipated litigation, initiation of litigation:
In the matter of City a Davis, the Council gave settlement directive by vote of 7-0;
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In the matter of City v. Cortez, the Council gave settlement directive by vote of 7-0; g
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In the matter of City v. SBTRS, LLC, the Council gave settlement directive by vote of
7-0. c°�
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3. Appointments LO
There were no commission appointments.
4. Presentations >1
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4A. Certificates of Recognition - San Bernardino High School — Jamie Rios and Mr. I
Cardinal Court: Julio Romero, Mr. Cardinal; Jason Munguia, First Runner Up; o
and Tony Olivarez, Second Runner Up -- Council Member Barrios
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4B. A Proclamation Designating May 2016 as Building Safety Month — Presented to
Todd F. Morris, Chief Building Official & Safety/Division Manager — Mayor R.
Carey Davis N
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4C. City of San Bernardino Art Night — May 19, 2016 — Community Development �9',
Director Mark Persico °
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4D. Bankruptcy/Strategic Planning Update --Management Partners E
City Attorney Saenz announced that a court hearing was held on April 27, 2016, in Judge
Jury's bankruptcy courtroom regarding the adequacy of the Second Amended Disclosure a
Statement. He stated that Judge Jury agreed with the City that there were a few
remaining issues to be resolved. Mr. Saenz stated that staff would attempt to resolve
those remaining issues and would file the Third Amended Disclosure Statement, which
was expected to be the Final Disclosure Statement, on or before May 27, 2016.
City Attorney Saenz stated that June 3, 2016 was the deadline for objections to the Third
Amended Disclosure Statement and that June 10, 2016 was the City's reply date. The
® next court hearing regarding the adequacy of the Third Amended Disclosure Statement
would take place in Judge Jury's courtroom on June 16, 2016, at 1:30 p.m. Mr. Saenz
stated that Judge Jury had indicated that at that hearing she would set a first confirmation
Mayor and Common Council of the City of San Bernardino Page 3
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Joint Regular Meeting Minutes May 2, 2016
hearing date approximately 90 days following the June 16th hearing, or mid to late
September for the first confirmation hearing, which would put the confirmation effective
date sometime near the end of the calendar year.
4E. Chamber of Commerce & Local Elected Officials Announcements
Roger Henderson announced upcoming Chamber events and activities.
5. Consent Calendar
5A. City Clerk
Waive Full Reading of Resolutions and Ordinances
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Motion: Waive full reading of resolutions and ordinances on the agenda dated May
2, 2016.
RESULT: ADOPTED [UNANIMOUS] 00:32:241 a
MOVER: John Valdivia, Council Member, Ward 3 c
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Richard, Mulvihill
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5B. City Attorney ti
RES. 2016-83 — Resolution of the Mayor and Common Council of the City of San v
Bernardino Authorizing the Execution of a Settlement Agreement Between the City of i
San Bernardino and the Public Agency Retirement System("PARS") Participants.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 00:32:24 0
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Richard, Mulvihill
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5C. Civil Service N
Personnel Actions - Classified LO
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Motion: Approve the classified personnel actions, as submitted by the Chief
Examiner, in accordance with Civil Service rules and Personnel policies E
adopted by the Mayor and Common Council of the City of San
Bernardino. a
RESULT: ADOPTED [UNANIMOUS] 00:32:24
MOVER: John Valdivia,Council Member, Ward 3
SECONDER: James Mulvihill, Council Member,Ward 7
I AYES: Marquez, Barrios,Valdivia, Shorett,Nickel, Richard,Mulvihill
Approximate time the motion/second were made, according to timestamp on video on city website.
Mayor and Common Council of the City of San Bernardino Page 4
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Joint Regular Meeting Minutes May 2, 2016
5D. Council Office
Fact Finding Tour Ad Hoc Committee
Council Member Valdivia stated that this issue had been discussed at the Legislative
Review Committee and the creation of an ad hoc committee had been suggested by
Deputy City Attorney Steven Graham.
Deputy City Attorney Graham explained that the Brown Act allowed for this kind of fact
finding tour through the creation of an ad hoc committee. He stated that an ad hoc
committee was not a legislative body subject to the notice requirements of the Brown Act
or to the requirement that it meet within the boundaries of the City.
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Council Member Valdivia stated that the plan was that the committee would tour >,
northerly cities and would tour local southerly cities on the weekend or after hours.
Mayor Davis stated that there were other more effective, less expensive ways to acquire a
information.
Public Comments: L)
Scott Olson, San Bernardino 0
Motion: Create the Fact Finding Tour Ad Hoc Committee and appoint Council v
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Members Valdivia,Nickel and Barrios to the committee
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r RESULT: FAILED [4 TO 31** 00:55:37 i
MOVER: John Valdivia, Council Member,Ward 3 >i
1 SECONDER: Benito J. Barrios, Council Member, Ward 2 Cni
1 AYES: Benito J. Barrios, John Valdivia, Henry Nickel, Bessine L. Richard
NAYS: Virginia Marquez, Fred Shorett, James Mulvihill o
**NOTE: Mayor Davis vetoed the motion.
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5E. Finance to
Approval of Commercial Checks and Payroll Checks N
Motion: Approve the claims and payroll and authorize the issuance of warrants as c
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listed. o
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RESULT: ADOPTED [UNANIMOUS] 00:32:24 E
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member,Ward 7
AYES: Marquez, Barrios,Valdivia, Shorett,Nickel, Richard, Mulvihill
5F. Human Resources
RES. 2016-84 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of a First Amendment to Professional Services
Agreement Between Alliant Insurance Services, Inc. and the City of San Bernardino for
Employee Benefits Consultant Services.
Mayor and Common Council of the City of San Bernardino Page 5
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Joint Regular Meeting Minutes May 2, 2016
Motion: Adopt the Resolution.
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RESULT: ADOPTED [UNANIMOUS] 00:32:24
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Richard, Mulvihill
5G. Parks, Recreation & Community Services
RES. 2016-85 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the City Manager to Execute an Agreement with the Friends of N
Reagan Park for the Provision of Support Services for the Certified Farmers' Market at
Littlefield & Shultis Park and Ratify Any Action Taken Between April 1, 2016 and the
Date that this Resolution is Adopted.
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Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 00:56:57 =
MOVER: Henry Nickel, Council Member, Ward 5 0
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Richard, Mulvihill LO
511. Parks,Recreation & Community Services >
RES. 2016-86 — Resolution of the Mayor and Common Council of the City of San J�
Bernardino Ratifying the Execution of County Contract 13-546 A-4 (Amendment 12-21-
15) with the County of San Bernardino Department of Aging and Adult Services o
(DAAS), Accepting and Appropriating Additional Funds in the Amount of$26,010 for
the Period of July 1, 2015 through June 30, 2016 for the Senior Nutrition Program, and
Authorizing the Expenditure of the Additional Funds through Change Orders to Annual
Purchase Orders to Sysco Foods, Merit Day, and Smith Distribution through FY 2015-16.
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Motion: Adopt the Resolution. N
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RESULT: ADOPTED [UNANIMOUS] 00:32:24 0
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7 E
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Richard, Mulvihill
5I. Police
RES. 2016-87 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Appropriation of $136,504 in JAG Grant Funds into the
FY2015/2016 Budget and Issuance of a Purchase Order to Fairview Ford in an Amount
Not to Exceed$105,500.
Motion: Adopt the Resolution.
Mayor and Common Council of the City of San Bernardino Page 6
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Joint Regular Meeting Minutes May 2, 2016
RESULT: ADOPTED [UNANIMOUS] 00:32:24
MOVER: John Valdivia, Council Member,Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Richard,Mulvihill
5J. Police
RES. 2016-88 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Appropriation of $240,000 from AB109 Funds into the
FY2015/2016 Budget and Issuance of Purchase Orders to Fairview Ford in an Amount
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Not to Exceed $285,000 and West Coast Lights & Sirens in an Amount Not to Exceed
$55,000. ca
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Council Member Nickel questioned whether the amount of grant funds was sufficient to
offset the costs of increased enforcement of crime due to the provisions of AB 109.
Police Chief Burguan stated that the funds were allocated to every County in the State
and San Bernardino County divided them up among all the individual agencies and cities
based upon the percentage of individuals released back into the community. Several v
cities had chosen to use the money to hire additional police officers; however, because co
there was no assurance the money was going to continue on a year-to-year basis, Chief
Burguan stated that they had always chosen to use it to run overtime suppression details,
compliance checks, etc., whatever they felt was necessary to address some of the crime 2�
issues. He stated that in this particular case they were using the money to purchase police >i
cars,primarily for the homicide unit,because they were driving 11 year old vehicles with
several hundred thousand miles on them.
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Motion: Adopt the Resolution.
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RESULT: ADOPTED [UNANIMOUS] 01:02:30
MOVER: Henry Nickel,Council Member, Ward 5
SECONDER: John Valdivia, Council Member,Ward 3 N
AYES: Marquez,Barrios, Valdivia, Shorett,Nickel,Richard,Mulvihill 9
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5K. Police d
RES. 2016-89 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Increase of Purchase Order Number 2016-00001549, Issued
to Dooley Enterprises, Inc.,to an Amount Not to Exceed$49,000. Q
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 00:32:24
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill,Council Member,Ward 7
AYES: Marquez, Barrios,Valdivia, Shorett,Nickel,Richard, Mulvihill
Mayor and Common Council of the City of San Bernardino Page 7
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Joint Regular Meeting Minutes May 2, 2016
5L. Successor Agency
RES. 2016-90 — 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 267 East 49th Street, San Bernardino, California.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 00:32:24
MOVER: John Valdivia, Council Member, Ward 3 N
SECONDER: James Mulvihill, Council Member, Ward 7
i AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Richard,Mulvihill j
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6. Public Hearings
6A. City Clerk
RES. 2016-91 — Resolution of the Mayor and Common Council of the City of San 0
Bernardino Imposing Liens on Certain Parcels of Real Property Located Within the City
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of San Bernardino for Uncollected Business Registration Fees. ;I
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Mayor Davis opened the hearing.
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Pursuant to Resolution No. 2000-279, City Clerk Hanna administered an oath to those co
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individuals wishing to speak on the matter that they would provide true and honest !
testimony.
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Public Comments:
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Brent Meyer, San Bernardino, owner of the office building that occupied the addresses
1990 through 1998 "D" Street, stated that he did not know what the business registration
lien entailed. He stated that half of the building was a public health clinic and the other o
half was vacant. N
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Vanessa Burton, Business Registration Inspector, stated that when she last spoke with c
Mr. Meyer she had requested that he bring his tax returns to the City Clerk's office;
however, he had not yet done so. E
Motion: Close the hearing; direct the City Clerk to administratively remove any
properties from Exhibit "A" which have been paid prior to the hearing;
and adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 01:06:43
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Henry Nickel, Council Member,Ward 5
AYES: Marquez,Barrios, Valdivia, Shorett,Nickel, Richard, Mulvihill
Mayor and Common Council of the City of San Bernardino Page 8
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Joint Regular Meeting Minutes May 2, 2016
6B. City Manager
RES. 2016-92 — Resolution of the Mayor and Common Council of the City of San
Bernardino Approving a Substantial Amendment to the Consolidated Annual Action Plan
for Fiscal Year 2015/2016 Neighborhood Stabilization Program Action Plan; Authorizing
the City Manager to Amend the 2015/2016 Fiscal Year Budget; and Authorizing the City
Manager to Execute Such Documents as Requested by the United States Department of
Housing and Urban Development to Effectuate the Supplemental Appropriation.
Mayor Davis opened the hearing.
Brandon Mims, Deputy Director of Housing, stated that this item was an amendment to N
the City's 2015/2016 Action Plan to budget Neighborhood Stabilization Program (NSP)
Funds in order to close out the program.
Mr. Mims stated that the City of San Bernardino received $8.4 million in 2008 and $3.2
million in 2011, and with those two combined funding sources, the purpose of NSP was c
to stabilize neighborhoods where homeowners were leaving properties in foreclosure.
Through that program, the City rehabilitated 57 properties with NSP 1 and 12 properties
had been completed thus far with NSP 3. The overall impact of NSP for the City was o
that they were able to provide homeowners an opportunity to purchase houses that v
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otherwise would have lain vacant and probably would have been subject to squatters.
Instead, they were able to fix those properties and put them back on the market and sell v
them at market rate to families.
Council Member Valdivia asked Mr. Mims to explain the selection criteria and how the J
properties were placed on the list. i
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Mr. Mims stated that in 2007 the City submitted an NSP Plan to HUD, which identified o
an NSP target area. The Economic Development Agency at the time would have been
acquiring properties that fit the program model in that area, and a plan would have been o:
approved by the City Council.
Council Member Valdivia asked which streets designated the NSP zones. N
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Mr. Mims stated that the zone consisted of"H", 2nd, and Baseline Streets and Arrowhead c
Avenue.
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Council Member Valdivia stated that this was a wrap up of the NSP Program and was a
culmination of eight to nine years of resale and rehabilitation. He asked if any funds had 1°
been committed to extend the program. Q
Mr. Mims stated that HUD ended all versions of NSP in 2013. He said the City would
continue to have NSP funds as long as it was engaged in NSP transactions because they
were property transactions so you would either receive money or an asset. He stated that
the effect of closing out the program was that those assets would become assets of the
CDBG program.
Council Member Valdivia questioned whether residual monies found in dormant
accounts could be applied to other resale and rehabilitation projects under the NSP
auspices.
Mayor and Common Council of the City of San Bernardino Page 9
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Joint Regular Meeting Minutes May 2, 2016
Mr. Mims stated that there would be no dormant accounts related to NSP, but as long as
there were NSP properties to sell, the City would receive revenue from NSP.
Council Member Valdivia asked if the City could continue to use NSP dollars as long as
revenue was received on outstanding NSP cases that were never closed.
Mr. Mims stated that the City would have NSP because it would have property that
would sell and it would be the money from the sale of that property, but it would dwindle
to the point where you could no longer buy property or continue the main program
actions. He stated that if the program was never closed out, the City would continue to
receive money as people paid off loans or different title transactions took place. N
Council Member Marquez stated that these funding sources came from NSP1 and NSP3;
however, she questioned why the City was not an applicant during NSP2.
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City Manager Scott stated that for some reason NSP2 was written up differently and most
cities did not qualify.
No public comments were received. o
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Motion: Close the hearing; and adopt the Resolution. co
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RESULT: ADOPTED [UNANIMOUS] 01:28:39 i
MOVER: James Mulvihill, Council Member, Ward 7
SECONDER: John Valdivia Council Member Ward 3 cn�
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Richard, Mulvihill
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7. Staff Reports
7A. City Manager
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Request for Council Approval of the One-Year 2016-2017 Action Plan
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Revised backup was distributed prior to the meeting in an interoffice memorandum o
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addressed to the Mayor and Common Council from Mark Scott, City Manager, dated
April 28, 2016,regarding CDBG and ESG Funding.
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Additional backup entitled, "City of San Bernardino, CDBG Public Service Allocations
Comparison (2015 and 2016 Program Years)," was submitted into the record and
distributed to the Mayor and Common Council. a
City Manager Mark Scott stated that staff removed three of the projects from the list
because they had more projects that totaled a number greater than the amount of available
funding. He stated that staff administratively removed the Arts and Stroll Project, the
Small Business Support Project, and the $50,000 Pocket Park Project that had not been
earmarked for any specific park. Mr. Scott stated that in the remainder of the report, staff
tried to identify places where the City Council might want to reconsider those projects
that were included in the initial report.
Mayor and Common Council of the City of San Bernardino Page 10
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Joint Regular Meeting Minutes May 2, 2016
Public Comments:
. . Karmel Roe, San Bernardino
Phyllis Scott, San Bernardino
Vanessa Perez, San Bernardino
Sandra Ibarra, San Bernardino
Nick DePesquale, San Bernardino
Tom Brickley, San Bernardino
Lt. Rich Lawhead spoke about the City's homeless issue, the role of the Police
Department, and the success of the current Access Center.
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Discussion ensued regarding project cuts, allocation changes and funding alternatives.
Motion: Reassign the $400,000 in proposed funding for the Vacant to Value
Project, $250,000 from the sbX Rehab Project under Community y
Development and $100,000 from Construction Trades Programs, reduce c
the funding for Center for Employment Opportunities award to $10,000,
eliminate proposed funding for Community Action Partnership (CAP) and
Inland Congregation United for Change (ICUC), strike $300,000 in o
proposed Regional Access Center funding in favor of Public Works v
Infrastructure; reduce the proposed Public Services budget by $75,000; 1-
allocate $200,000 in ESG funding for the Access Center, and the
remaining$80,000 to the other four groups being funded.
RESULT: ADOPTED [UNANIMOUS] 03:41:56—] C'
MOVER: Henry Nickel, Council Member, Ward 5 w�
SECONDER: John Valdivia, Council Member, Ward 3 0
I i AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Richard, Mulvihill
8. Supplemental Additions to the Agenda
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8A. City Attorney N
An Ordinance of the Mayor and Common Council of the City of San Bernardino 9
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Amending Chapter 2.12 of the San Bernardino Municipal Code, Repealing Chapters 2.32
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and 15.16 of the San Bernardino Municipal Code, Ratifying the San Bernardino County
Fire Protection District Fire Code (Ord. No. FPD 14-03) and Fees for San Bernardino E
County Fire Protection District (Ord. No. FPD 15-01). (FIRST READING) r
Public Comments:
Karmel Roe, San Bernardino
Motion: Lay over Ordinance for final adoption.
Mayor and Common Council of the City of San Bernardino Page 11
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Joint Regular Meeting Minutes May 2, 2016
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RESULT: FIRST READING [4 TO 31 Next: 5/16/2016 2:00 PM
MOVER: Fred Shorett, Council Member, Ward 4 01:08:54
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Virginia Marquez, Fred Shorett, Bessine L. Richard, James Mulvihill
NAYS: Benito J. Barrios, John Valdivia, Henry Nickel
9. Public Comments on Items Not on the Agenda
John Hillman, San Bernardino, spoke in response to an article in The San Bernardino c
Sun concerning the Police Department. He said he attended the town hall meeting and
praised Chief Burguan and his staff for doing such a phenomenal job. He stated that the
article may have been done irresponsibly, but it hurt the community. He recommended a
book called "The 8th Habit: From Effectiveness to Greatness," by Stephen R. Covey,
which was about teamwork. c
Betty Jean Long, San Bernardino, asked the Mayor what he thought about opening the
airport for the homeless. She stated that the Salvation Army, which was owned by the o
City, could also be used as a homeless shelter and that she would be willing to help run it. �?
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Robert Porter, San Bernardino, provided updates on Paleo Days, the Cannabis Corner to
radio program, I Love San Bernardino Facebook Group, and I Love San Bernardino TV.
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Jacqueline Hill, San Bernardino, spoke in support of SBETA. >�
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Sandra Ibarra, San Bernardino, spoke about the recent shootings in the City and
problem properties in her neighborhood. o
Eric Wilhite, San Bernardino,urged the Mayor to rescind his veto regarding SBETA.
Carrie Gilbreth, San Bernardino Associated Governments, announced that SANBAG
was currently studying ways to improve the I-10 Freeway between Ford Street in o
Redlands and the Los Angeles County Line. Alternatives being considered included C:,
adding one HOV lane in each direction, adding two express lanes in each direction, or a9
no build. Ms. Gilbreath stated that the draft environmental document was currently being
circulated, and that the public comment period started on April 25, 2016, and would
continue until June 8, 2016. She stated that public hearings would be held May 17-19, .�
2016, from 4:30-7:30 p.m. and that the Draft Environmental document could be viewed Y
at the Norman Feldheym Library or at www.1015projects.com.
Karmel Roe, San Bernardino, stated that tax dollars from dispensaries could be used to
fund an access center for the homeless, provide backup for the Police Department, and
could have saved the Fire Department. Ms. Roe also spoke in support of SBETA and
announced that the Women's Club of San Bernardino would be holding their annual flee
market on May 6-7, 2016, from 8:30 a.m. to 3:00 p.m.
Jay Lindberg, San Bernardino, stated that he had heard that Propositions 47 and 109
were somehow responsible for some of the recent killings in San Bernardino, but he
didn't understand that because only non-violent offenders were being released. He stated
Mayor and Common Council of the City of San Bernardino Page 12
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that the reason for the increased violence was because people decided they wanted more
money for their departments instead of doing what made sense. He stated that if all the
dispensaries were shut down, all of those sales would end up back on the black market.
Mr. Lindberg stated that if marijuana was responsible for 40 percent of the black market
and that was responsible for half of the violent crime, there was going to be more
murders on the streets.
David Young, San Bernardino, encouraged the Mayor to rescind his veto of the SBETA
program.
Al Palazzo, San Bernardino, stated that he wanted to help the City Council turn the City
around by creating conditions that would bring in investment from the business N
community. He stated that he started giving his tours again, and that over 40 people have >
taken his tour. He stated that the City needed to be re-invented and he wanted the
Councilmembers to think about what conditions could be created in order to bring about a N
renaissance of the City.
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James Penman, San Bernardino, stated that a document was handed out at the Charter
workshop that said the system for setting the Mayor's salary was antiquated; however, it
was one of the newest provisions of the City Charter. He said that that was another o
example of the lack of information and the incorrect information the Mayor and Council
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had received about the Charter. There was no discussion at the workshop about the
current Charter and there was no explanation as to why it needed to be replaced. Mr.
Penman stated that opposition to the Charter was going to be a major issue if it was put 3;i
on the ballot. He said the Charter was an ill-conceived, ill-discussed, not-well-thought- >i
out proposal. J
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Jim Smith, San Bernardino, said the Charter Committee had been meeting for over two c
years and had vetted every angle of the City Charter. He stated that wonderful things R
were happening in the City such as the agreement with Burrtec, the annexation to County
Fire,the end of bankruptcy, and the chance to vote for a new Charter in November.
William Cioci, San Bernardino, stated that the City's continued unwillingness to have a o
discussion about medical cannabis encouraged discrimination. For 20 years it had been a N
law and his right to consume his medicine anywhere that tobacco was allowed to be c
consumed, including in front of City Hall. He stated that somebody had complained that o
he was smoking pot in the smoking area, and he was asked to take it somewhere else. He
stated that he had heard that multimillion dollar investors were calling Councilmembers E
and that another person was going to pay$10 per signature to get it on the ballot.
Marven Norman, Redlands, speaking on behalf of Inland Empire Biking Alliance, a
announced that the grand opening for Bicycle Hubitat would take place on May 9, 2016,
from 12-6 p.m., at the San Bernardino Transit Center, 599 W. Rialto Avenue. He stated
that a State program called the Active Transportation Program (ATP) had $120 million
available for bike and pedestrian projects and safe routes to school projects. Mr. Norman
stated that the bike path that runs along Inland Center Drive was broken up by the
freeway, and if the City could fix that, it would be a great way for the people on the west
side of the freeway to get to the Inland Center Mall.
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Scott Olson, San Bernardino, announced that he was going to be listed on the ballot as a
candidate for the Republican Central Committee in the upcoming election on June 7,
2016.
10. Items to be Referred to Council Committees
Council Member Marquez requested that Veteran's Supportive Housing be referred to the
Real Estate Committee.
Council Member Nickel requested that the Police Chief provide an update at the next
Quality of Life Committee on what steps were being taken to address the rising tide of
crime in the City.
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Council Member Valdivia requested that the following three issues be referred to the
CDBG Committee: NSP Zones; planning for the 2016/2017 fiscal year and preparation
for the upcoming CDCAC Committee; and bike lane funding opportunities under the
State's Active Transportation Program(ATP).
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Council Member Valdivia recommended that the Charter Committee's report to the City
Council be a public hearing with no time limits or constraints; requested that the v
provisions of the tow contract be reviewed and clarified; and he asked the City Manager co
to prepare a report on the improved mobility of traffic on the I-10 Corridor and the v
impacts and benefits for commerce and trade zones.
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11. Announcements by Mayor, Council and Executive Staff J'
12. Adjournment o
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, May 16, 2016.
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GEORGEANN"GIGI" HANNA, CMC o
City Clerk o
By: E
Linda Sutherland
Deputy City Clerk Q
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City of San Bernardino Mayor R. Carey Davis
� 300 North "D" Street Council Members
r; Virginia Marquez
San Bernardino, CA 92418 Benito Barrios
http://www.sbcity.org John Valdivia
Fred Shorett
��'fVnED l�,ti Henry Nickel
Bessine L. Richard
James L. Mulvihill
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DRAFT MINUTES
JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL a
OF THE CITY OF SAN BERNARDINO c
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
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AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY �
Amok AND
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING -i
AS THE HOUSING AUTHORITY >
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MONDAY,MAY 16, 2016
COUNCIL CHAMBER °
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The Joint Regular Meeting of the Mayor and Common Council of the City of San Bernardino W
was called to order by Mayor R. Carey Davis at 2:06 p.m., Monday, May 16, 2016, in the
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Council Chamber of City Hall, 300 North "D" Street(Lobby), San Bernardino, California. o
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Roll Call Ln
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Attendee Name Title Status Arrived d
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Virginia Marquez Council Member, Ward 1 Present j 2:00 p.m. U
Benito J. Barrios Council Member, Ward 2 Present 2:35 .m.
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John Valdivia Council Member, Ward 3 Present 4:00 p.m.
Fred Shorett Council Member,Ward 4 Present 2:00 p.m.
Henry Nickel Council Member, Ward 5 Present 2:00 p.m.
Bessine L. Richard 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"Gigi" Hanna City Clerk Present 2:00 P.M.
® Gary D. Saenz City Attorney Present 2:00 p.m.
Mark Scott City Manager 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 May 16, 2016
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):
One (1) Item c
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C. Conference with legal counsel - anticipated litigation - initiation of litigation -
pursuant to Government Code Section 54956.9(d)(4): ;
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City v. Simmons City v. ALMALU Investments
City v. Calderon City v. Castlegate Properties,LLC
City v. Chase Home Finance,LLC City v. Medina —
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D. Closed Session-personnel -pursuant to Government Code Section 54957(b). o
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E. Closed session with Chief of Police on matters posing athreat to the security of ti
public buildings or threat to the public's right of access to public services or
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public facilities -pursuant to Government Code Section 54957(a). i
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F. Conference with labor negotiator - pursuant to Government Code Section g�
54957.6. >1
G. Conference with real.property negotiator - pursuant to Government Code Section o
54956.8.
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Reading of Resolutions and Ordinances
Deputy City Clerk Montoya read into the record the titles of all the resolutions and ordinances on
the agenda. N
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Invocation/Pledge of Allegiance °
The invocation was given by Chaplain Vince Ortega of Victory Outreach Church. The Pledge of
Allegiance was led by Kelly Hollingsworth, a 61h grade student from Barton Elementary School. E
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2. Closed Session Report a
City Attorney Saenz reported the following actions:
Under Agenda Item No. 1 C, anticipated litigation, initiation of litigation:
In the matter of City v. Calderon, the Council gave settlement directive by vote of
6-0,with Council Member Valdivia absent;
In the matter of City v. Chase Home Finance, LLC, the Council gave settlement
directive by vote of 6-0, with Council Member Valdivia absent;
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Joint Regular Meeting Minutes May 16, 2016
In the matter of City v. ALMALU Investments, the Council gave settlement
directive by vote of 6-0, with Council Member Valdivia absent;
In the matter of City v. Castlegate Properties, LLC, the Council gave settlement
directive by vote of 5-1, with Council Member Nickel voting "no", and Council
Member Valdivia absent;
In the matter of City v. Medina, the Council gave settlement directive by vote of
5-1, with Council Member Nickel voting "no", and Council Member Valdivia
absent.
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3. Appointments ;
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Joint Regular Meeting Minutes May 16, 2016
4G. Bankruptcy/Strategic Planning Update --Management Partners
Andy Belnap gave a brief update on the progress of the bankruptcy.
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4H. Chamber of Commerce & Local Elected Officials Announcements
Jack Avakian announced upcoming Chamber events and activities.
I5. Consent Calendar
SA. City Clerk
Waive Full Reading of Resolutions and Ordinances
Motion: Waive full reading of resolutions and ordinances on the agenda dated May c°�
16, 2016.
RESULT: ADOPTED [UNANIMOUS] 00:46:37
MOVER: James Mulvihill, Council Member, Ward 7
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Richard, Mulvihill
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5B. City Attorney 00
ORD. MC-1422 —An Ordinance of the Mayor and Common Council of the City of San v
Bernardino Amending Chapter 2.12 of the San Bernardino Municipal Code, Repealing :S
` Chapters 2.32 and 15.16 of the San Bernardino Municipal Code, Ratifying the San C�
Bernardino County Fire Protection District Fire Code (Ord. No. FPD 14-03) and Fees for
San Bernardino County Fire Protection District (Ord. No. FPD 15-01). (FINAL >�
READING)
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Stephen Graham, Deputy City Attorney, clarified that the City was not adopting the a,
County Fire Code, only ratifying it. He answered Council Member Nickel's questions
regarding fireworks.
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Public Comments: N
Paul Sanborn, San Bernardino, spoke in opposition to Agenda Item No. 5B. r-
Motion: Adopt the Ordinance. °
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RESULT: ADOPTED [4 TO 31 00:54:56 E
MOVER: James Mulvihill, Council Member, Ward 7 r
SECONDER: Virginia Marquez, Council Member, Ward 1 a
AYES: Virginia Marquez, Fred Shorett, Bessine L. Richard, James Mulvihill
NAYS: Benito J. Barrios,John Valdivia, Henry Nickel
5C. City Attorney
RES. 2016-93 - Resolution of the Mayor and Common Council of the City of San
Bernardino Acting as Governing Board of the San Bernardino Joint Powers Financing
Authority Authorizing Execution of a Closing Agreement with the Internal Revenue
Service to Resolve Potential Tax Liability.
Mayor and Common Council of the City of San Bernardino Page 4
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Joint Regular Meeting Minutes May 16, 2016
5C. Continued
RES. 2016-94 - Resolution of the Mayor and Common Council of the City of San
Bernardino Acting as the Successor Agency to the Former Redevelopment Agency of the
City of San Bernardino Authorizing Payment of $1,003,178.34 to the United States
Treasury to Resolve Potential Tax Liability.
Donn Dimichele, Deputy City Attorney, explained and answered questions regarding the
fine for refinancing the taxable bonds in 1998.
Motion: Adopt the Resolutions. c
_. --......__.. ...........- --------- ....
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RESULT: ADOPTED [UNANIMOUS] 01:00:21
MOVER: James Mulvihill, Council Member, Ward 7 y
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Richard, Mulvihill ; E
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5D. City Manager o
Authorize Mayor to Sign and Send Letter to State of California Regarding Funding of v
San Bernardino Employment and Training Agency and Continued Provision of 00
Workforce Development Services in the City of San Bernardino
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Council Member Richard stated she would abstain on this item due to a conflict of -i
interest.
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City Manager Mark Scott stated that the letter simply withdrew the City's role as fiscal a
agent.
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Discussion ensued regarding the designation of a fiscal agent.
Public Comments: to
Bruce Baron, Chancellor for San Bernardino Community College District, requested that
the City consider designating SBCCD as the new fiscal agent for SBETA and strongly
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recommend this to the State of California. °
Connie Boring, San Bernardino
Scott Olson, San Bernardino s
Jacqueline Hill, San Bernardino
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Joseph Richard, San Bernardino Q
Laurie Stalnaker, San Bernardino
Dr. Ernest Dowdy, San Bernardino
Scott Olson, San Bernardino
Motion: Place the item under Staff Reports for discussion purposes.
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RESULT: ADOPTED [4 TO 21 01:15:45
j MOVER: John Valdivia, Council Member, Ward 3
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SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Marquez, Barrios, Valdivia,Nickel,
NAYS: Fred Shorett, Mulvihill
ABSTAIN: Bessine L. Richard
Council Member Nickel made a motion, seconded by Council Member Valdivia, that the
Mayor maintain the designation and authorize a new fiscal agent, specifically the San
Bernardino Community College District. No vote was taken. N
Mark Scott, City Manager, suggested that the San Bernardino Community College
District provide the City with a written proposal. N
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Council Member Nickel amended his motion to continue the matter to June 6, 2016, and
direct the City Manager to investigate whether this option would be available to the City.
Motion: Continue to June 6, 2016.
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RESULT: CONTINUED [5 TO 11 Next: 6/6/2016 2:00 PM co
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MOVER: Henry Nickel, Council Member, Ward 5 _
SECONDER: James Mulvihill, Council Member, Ward 7 i
AYES: Marquez, Barrios, Valdivia,Nickel, Mulvihill
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NAYS: Fred Shorett >
ABSTAIN: Bessine L. Richard
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5E. Civil Service
Personnel Actions - Classified
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Motion: Approve the classified personnel actions Items 1, 2, and 3, as submitted c
by the Chief Examiner, in accordance with Civil Service rules and N
Personnel policies adopted by the Mayor and Common Council of the City
of San Bernardino.
RESULT: ADOPTED [UNANIMOUS] 01:36:51
MOVER: Bessine Richard, Council Member, Ward 6
j SECONDER: John Valdivia, Council Member, Ward 3 a
AYES: Marquez, Barrios,Valdivia, Shorett,Nickel,Richard, Mulvihill
Motion: Approve the classified personnel actions Item 4, 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
0 Bernardino.
Mayor and Common Council of the City of San Bernardino Page 6
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RESULT: ADOPTED [6-1] 01:49:46
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Mulvihill
NAPES: Bessine Richard
-_----------_------_ __—--_---_--__-_-------___--------------- ------ ------
5F. Finance
Approval of Commercial Checks and Payroll Checks
Motion: Approve the claims and payroll and authorize the issuance of warrants as
listed. N
RESULT: ADOPTED [UNANIMOUS] 00:46:37
I MOVER: James Mulvihill, Council Member, Ward 7
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Richard, Mulvihill
.............
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5G. Mayor's Office 0
RES. 2016-95 - Resolution of the Mayor and Common Council of the City of San
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Bernardino Authorizing the Mayor to Execute an Agreement to Approve Amendments to I-
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the Amended and Restated Joint Exercise of Powers Agreement Amending and 7i,
Reestablishing the Governing Document of Omnitrans. CI
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Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 00:46:37 M
MOVER: James Mulvihill, Council Member, Ward 7
SECONDER: John Valdivia, Council Member, Ward 3
i AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Richard, Mulvihill
to
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511. Parks,Recreation & Community Services 1�
RES. 2016-96 - Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of an Agreement and Issuance of an Annual C1
Purchase Order with Two (2) One-Year Extensions at the City's Option to Quality Light
and Electrical for Park Light Repair Services. E
Motion: Adopt the Resolution.
............. ................................... .............
RESULT: ADOPTED [UNANIMOUS] 00:46:37
MOVER: James Mulvihill, Council Member, Ward 7
SECONDER: John Valdivia, Council Member,Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Richard,Mulvihill
--------------- --------------------.....................-------- ------------------------
51. Public Works
RES. 2016-97 Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Appropriation of Funds from the Department of Resources
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Recycling Recovery (CalRecycle) Oil Payment Program Application for FY 2014-15
into the FY 2015-16 Budget.
Motion: Adopt the Resolution.
-----------.....------- ...........---------............ ---------------- .................................................-------------------------------.......................................
RESULT: ADOPTED [UNANIMOUS] 00:46:37
I MOVER: James Mulvihill, Council Member, Ward 7
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios,Valdivia, Shorett,Nickel, Richard, Mulvihill
.............
5J. Public Works
RES. 2016-98 - Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the City Manager to Execute Contract No. 16-1001476, a
Memorandum of Understanding with the San Bernardino Associated Governments for
the Development of the Mount Vernon Avenue Grade Separation Over the BNSF Lo
Railway Intermodal Yard Project.
Michael Grubbs Project Manager, Public Works gave a brief update on the Railway
Intermodal Yard Project.
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Motion: Adopt the Resolution.
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RESULT: ADOPTED [UNANIMOUS] 02:03:23 i
MOVER: Fred Shorett, Council Member, Ward 4 (n
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Richard,Mulvihill >
5K. Public Works
RES. 2016-99 - Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of a First Amendment to the Vendor Purchase
Agreement with Vulcan Materials Company for Purchase of Asphalt Materials for Street (D
Repairs. C)
Motion: Adopt the Resolution.
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RESULT: ADOPTED [UNANIMOUS] 00:46:37
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MOVER: James Mulvihill, Council Member, Ward 7 E
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Richard,Mulvihill
..............................-------------......................
5L. Public Works
RES. 2016-100 - Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of a First Amendment to the Vendor Service
Agreement with Houston & Harris PCS, Inc. for the Cleaning and Video Inspection of
the Sewer System,
Motion: Adopt the Resolution.
Mayor and Common Council of the City of San Bernardino Page 8
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RESULT: ADOPTED [UNANIMOUS] 00:46:37
MOVER: James Mulvihill, Council Member, Ward 7
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Richard, Mulvihill
11.......... ..................................... ..................
5M. Public Works
RES. 2016-101 Resolution of the Mayor and Common Council of the City of San
Bernardino Awarding a Contract in the Amount of $423,604.92 to Martinez Concrete,
Inc., Per Plan No. 13036 (SS-B) for Construction of ADA Access Ramp & Sidewalk
Improvements.
Saba Engineer, Principal Engineer, explained the project and stated that Omnitrans
received grant monies for more than twelve locations, but only twelve locations were
included in this project and Onmitrans would be reimbursing the City$35,0316.00.
Motion: Adopt the Resolution. C
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RESULT: ADOPTED [UNANIMOUS] 02:09:44
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MOVER: John Valdivia, Council Member, Ward 3 L)
SECONDER: Bessine L. Richard, Council Member, Ward 6
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AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Richard, Mulvihill I LO
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5N. Water _J I
RES. 2016-102 - Resolution of the Mayor and Common Council of the City of San >1
Bernardino Authorizing and Directing the Execution of a Quitclaim Deed to 5959 Palm
Avenue Investors LLC for that Certain Easement Granted to the City for Water Pipelines
Across APN 0266-041-82 and APN 0266-041-83.
Motion: Adopt the Resolution. tr
RESULT: ADOPTED [UNANIMOUS] 00:46:37 to
MOVER: James Mulvihill, Council Member, Ward 7
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SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Richard, Mulvihill
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6. Staff Reports
6A. City Clerk
Volunteer Citizen-Based Charter Review Committee Final Report to MCC
Phil Savage, Chairman, Volunteer Citizen-Based Charter Review Committee, gave a
presentation on the report of the proposed new Charter.
Public Comments:
Paul Sanborn, San Bernardino
Dorothy Garcia, League of Women Voters, San Bernardino
Mayor and Common Council of the City of San Bernardino Page 9
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Scott Olson, San Bernardino
Jay Lindberg, San Bernardino
Pat Morris, San Bernardino
Esmeralda Negrete, San Bernardino
Al Palazzo, San Bernardino
Council Member Nickel made a motion, seconded by Council Member Valdivia, to
accept the motion as presented with an amendment to include the language "municipal
police department". No vote was taken.
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Motion: Direct staff to prepare the item for public hearings and set the public N
hearings in a manner to g et it to the Registrar of Voters 88 days prior to
the election to include language for municipal police department.
RESULT: ADOPTED [5 TO 21 04:27:45 °1
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Benito Barrios, Council Member, Ward 2
AYES: Marquez, Barrios, Valdivia,Nickel, Richard 0
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NAYS: Fred Shorett, James Mulvihill v
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6B. City Manager
Discuss and Take Possible Action Regarding Conduction of a Survey to Gauge �I
Community Attitudes Toward the Legislation and Regulation of Marijuana.
Motion: To table. >1
RESULT: ADOPTED [4-3] 04:49:19 °
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member,Ward 7 w
AYES: Marquez, Shorett, Richard,Mulvihill to
NAYS: Barrios, Valdivia,Nickel c°•,,
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6C. City Manager °.
Third Quarterly Presentation on San Bernardino's Regional Access Center
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Motion: Continue to June 6, 2016.
j RESULT: CONTINUED 16 TO 11 Next: 6/6/2016 2:00 PM
MOVER: James Mulvihill, Council Member,Ward 7 04:52:59
SECONDER: John Valdivia, Council Member,Ward 3
AYES: Marquez, Barrios, Valdivia,Nickel, Richard, Mulvihill
NAYS: Fred Shorett
6D. Council Office
2016 SIA Education @ ISC West International Security Conference & Exposition Sands
Expo - Las Vegas,NV
Mayor and Common Council of the City of San Bernardino Page 10
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Council Member Nickel gave a report on the conference.
Consensus: Receive and file.
6E. Council Office
Discuss and Take Possible Action to Change the Mayor and Common Council Meeting
Open Session Start Time
Mayor Davis presented a research chart titled "Council Meeting Duration: May 2015 -
May 2016. co
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Motion: Direct the City Attorney to draft an amendment to San Bernardino @
Municipal Code Section 2.58.010(A) to change the start time of Closed
Session to 5:01 p.m. and the start time of Open Session to 6:30 p.m. N
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RESULT: FAILED (4 TO 31** 04:55:43
MOVER: John Valdivia, Council Member, Ward 3 -
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SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Benito J. Barrios, John Valdivia, Henry Nickel, Bessine L. Richard v
NAYS: Virginia Marquez,Fred Shorett, James Mulvihill °
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**NOTE: Mayor Davis vetoed the motion.
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7. Public Comments on Items Not on the Agenda >
Rabbi Hillel Cohn, San Bernardino, distributed and read a statement in regards to the
Home of Eternity Cemetery located at 8th and Sierra Way. He stated the efforts in o
fighting the effect of homeless individuals at the cemetery. He also spoke about the lack 6
of access to water by the homeless at Seccombe Lake and stated it was utterly shameful W
and disgraceful. He asked that some useable water facility be available at all times at
either Seccombe Lake or Pioneer Cemetery. o
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Betty Jean Long, San Bernardino, spoke about people who stole money from her after co
her husband's death. She stated that she went to the Police Department to get help, but ,j;
was turned down. She said that she was going to take matters into her own hands. °
Brenda Faulkner, San Bernardino, spoke about wanting to sublease a property from the E
City,but had been unable to reach the correct person in the City Manager's office.
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Kaisar Ahmed, Redlands, spoke about his race for Congress in the 31 st District. He a
spoke about teaching in San Bernardino schools and being an adjunct faculty member at
11 colleges and universities.
Margaret Hill, San Bernardino, spoke about an email she had received over the weekend
regarding a graduating senior who needed help with housing and said that the CAP
funding which was not awarded during the CDBG discussion would have been used to
help families in similar situations.
Cheryl Donahue, representative of SANBAG, spoke about a public hearing regarding
the widening of I-210 from Highland Avenue in San Bernardino to San Bernardino
Avenue in Redlands to be held on Thursday, June 2, 2016 from 5:00 p.m. - 7:00 p.m. at
Mayor and Common Council of the City of San Bernardino Page 11 !�
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Beattie Middle School in Highland. She stated that there would be opportunities to
review maps and exhibits and individuals would be given an opportunity to submit
feedback via email and U. S. mail.
Scott Olson, San Bernardino, spoke about his candidacy for the Republican Central
Committee.
Jonathan Kevles, Renew Financial, Oakland, discussed the Property Assessed Clean
Energy(PACE)program for property owners. He asked that an item regarding the PACE
program be placed on the City Council Agenda.
William Cioci, San Bernardino, spoke about the recent closing of the Break Room on
Kendall Drive and the costs to the City. He asked rhetorically how the costs of allowing N
that business to operate, could benefit the city.
Treasure Ortiz, San Bernardino, spoke about the slow response to a robbery at her San
Bernardino home. She said it was not okay and the City needed to do something about it.
As a former Civil Service employee, she stated that the City received 150 new applicants
for police every month and there must be attention paid to why so few make it to the
force.
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Jay Lindberg, San Bernardino, spoke about economic policies, NAFTA, and the Trans o
Pacific Partnership. v
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Al Palazzo, San Bernardino, responded to an article written in The Press Enterprise about v
the rebuilding of the Carousel Mall. He said that he wanted the contractors to hire local
people for the project. co
Sandra Ibarra, San Bernardino, spoke about visiting Seccombe Lake on Sunday and ��
found that most of the homeless people staying in the park were ninety-nine percent men. 1
She said that it was no longer a park,but a tent city. L
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John Daum, Lake Elsinore, spoke about the Property Assessed Clean Energy (PACE)
Solar Program.
Jacob Kuenz, San Bernardino, spoke about the Property Assessed Clean Energy (PACE)
Solar Program and said they would like to present the program to the City. `r°
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Sam Strong, Riverside, spoke about training local contractors to be partners with the
Property Assessed Clean Energy (PACE) Program and talked about the benefits of
bringing competition to the PACE market place.
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Frank Pierce, San Bernardino, spoke about the upcoming election and encouraged E
everyone to vote. He also spoke on the need to improve Seccombe Park.
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8. Supplemental Addition to Consent Calendar
8A. Human Resources
Personnel Actions - Unclassified
Motion: Approve and ratify the unclassified personnel actions, as submitted by the
Director of Human Resources, in accordance with City, Community
Development Commission and Economic Development Agency policies
and procedures.
Mayor and Common Council of the City of San Bernardino Page 12
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Joint Regular Meeting Minutes May 16, 2016
j RESULT: ADOPTED [5 TO 21 02:17:53
MOVER: Fred Shorett, Council Member, Ward 4 I
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez,Barrios, Shorett,Nickel, Mulvihill
j NAYS: John Valdivia, Bessine L. Richard
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 10:10 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, June 6, 2016.
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GEORGEANN "GIGI" HANNA, CMC LO
City Clerk
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By
Valerie R. Montoya >�
Deputy City Clerk
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Mayor and Common Council of the City of San Bernardino Page 13
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