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HomeMy WebLinkAbout05.C- City Clerk DOC ID: 4668 CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Council Minutes From: Georgeann "Gigi" Hanna M/CC Meeting Date: 10/03/2016 Prepared by: Georgeann "Gigi" Hanna, Dept: City Clerk Ward(s): N/A Subject: Council Minutes -- September 19, 2016 (#4668) Current Business Registration Certificate: Financial Impact: No Cost to the City Motion: Approve the minutes of the Mayor and Common Council meeting of September 19, 2016, as submitted. Supporting Documents: Sep_19_16_Jt Reg (Draft)_gh (DOC) Updated: 9/27/2016 by Georgeann "Gigi" Hanna Packet Pg. 39 Mayor R. Carey Davis � gNAl2�r City of San Bernardino Council Members 300 North "D" Street Virginia Marquez San Bernardino CA 92418 � Benito Barrios ° http://www.sbcity.org John Valdivia Fred Shorett �b Henry Nickel Bessine L. Richard James Mulvihill cc 0 N DRAFT MINUTES d d JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL E OF THE CITY OF SAN BERNARDINO E. d MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING y AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY r MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY c AND U MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY MONDAY, SEPTEMBER 19, 2016 COUNCIL CHAMBER 2 L 0 The Joint Regular Meeting of the Mayor and Common Council of the City of San Bernardino d was called to order by Mayor R. Carey Davis at 2:01 p.m., Monday, September 19, 2016, in the �i Council Chamber of City Hall, 300 North "D" Street(Lobby), San Bernardino, California. Roll Call T Q. Attendee Name Title Status Arrived �n Virginia Marquez Council Member, Ward 1 Present 2:00 p.m. Benito J. Barrios Council Member, Ward 2 Present 4:00 p.m. E John Valdivia Council Member, Ward 3 Present 4:00 p.m. Fred Shorett Council Member, Ward 4 Present 2:00 p.m. a Henry Nickel Council Member,Ward 5 Present 2:22 p.m. Bessine L. Richard Council Member, Ward 6 Present 2:00 p.m. James Mulvihill Council Member, Ward 7 Present 2:00 p.m. R. Carey Davis Mayor Present 2:00 p.m. Georgeann "Gigi" Hanna City Clerk Present 2:00 p.m. Gary D. Saenz City Attorney Present 2:00 p.m. Mark Scott j City Manager Absent ------------ Brent Mason Finance Director Present j 2:00 p.m. Mayor and Common Council of the City of San Bernardino Page 1 Packet Pg.40 5.C.a Joint Regular Meeting DRAFT Minutes September 19, 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 Dawn Auman v. City of San Bernardino, WCAB Case No. ADJ 980512 Daniel Mishodek v. City of San Bernardino, WCAB Case No. ADJ 10056530 and ADJ9296102 N Robert Arispe v. City of San Bernardino, WCAB Case No. ADJ10080652 E Bank of New York Mellon v City of San Bernardino, United States District °) Court Case No. 5:16 CV-00855 RGK(RAO) cn Bank of New York Mellon v. City of San Bernardino, United States District Court Case No. 5:16 CV 01791 JGB (SPx) Estate of Jonathan White, et al v. County of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1210779 0 U B. Conference with legal counsel - anticipated litigation - significant exposure to 00 to litigation-pursuant to Government Code Section 54956.9(d)(2). t a� C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to Government Code Section 54956.9(d)(4). City v. Carrillo City v. Torres City V. Kim City v. Bank of New York Mellon w� D. Closed Session-personnel -pursuant to Government Code Section 54957(b): i E. Closed session with Chief of Police on matters posing a threat to the security of a) public buildings or threat to the public's right of access to public services or C public facilities -pursuant to Government Code Section 54957(a): F. Conference with labor negotiator-pursuant to Government Code Section 54957.6 = d E G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. w Q Reading of Resolutions and Ordinances Deputy City Clerk Montoya read into the record the titles of all the resolutions and ordinances on the agenda. Invocation/Pledge of Allegiance The invocation was given by Pastor Scottie Lloyd of Lutheran Church of Our Savior. The Pledge of Allegiance was led by Suheil Nemry, a third grade student from Carmack Elementary School. Mayor and Common Council of the City of San Bernardino Page 2 i yt-a aton lan"c Packet Pg. 41 5.C.a Joint Regular Meeting DRAFT Minutes September 19, 2016 2. Closed Session Report City Attorney Saenz reported the following actions: Under Agenda Item No. IA, existing litigation: In the matter of Dawn Auman v. City of San Bernardino, the Council gave settlement direction by vote of 5-0, with Council Members Barrios and Valdivia absent; In the matter of Daniel Mishodek v. City of San Bernardino, the Council gave o settlement direction by vote of 5-0, with Council Members Barrios and Valdivia N absent; °' r i N In the matter of Robert Arispe v. City of San Bernardino, the Council gave E settlement direction by vote of 5-0, with Council Members Barrios and Valdivia a absent; cn In the matter of Bank of New York Mellon v. City of San Bernardino, the Council gave settlement direction by vote of 5-0, with Council Members Barrios and Valdivia absent; In the matter of Estate of Jonathan White, et al v. County of San Bernardino, et o al., the Council gave settlement direction by a vote of 5-0, with Council Members �? Barrios and Valdivia absent. CO co Under Agenda Item No. 1C, anticipated litigation -initiation of litigation: rn In the matter of City v. Carrillo, the Council gave settlement direction by vote of 5-0, with Council Members Barrios and Valdivia absent; i° 0 as In the matter of City v. Torres, the Council gave settlement direction by vote of 5- (D 0, with Council Members Barrios and Valdivia absent; i In the matter of City v. Kim, the Council gave settlement direction by vote of 5-0, rn1 with Council Members Barrios and Valdivia absent. a a� 3. Appointments CD 3A. Mayor's Office Appointment of Mrs. Felicia C. Alexander to the Community Development Citizen w Advisory Committee- Council Member Jim Mulvihill. a Motion: Approve the appointment of Mrs. Felicia C. Alexander to the Community Development Citizen Advisory Committee as requested by Council Member Jim Mulvihill. Mayor and Common Council of the City of San Bernardino Page 3 Packet Pg.42 Joint Regular Meeting DRAFT Minutes September 19, 2016 RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Richard, Mulvihill 3B. Mayor's Office Appointment of Mr. Robert Hampton to the Bureau of Franchises - Mayor R. Carey Davis. ca Motion: Approve the appointment of Mr. Robert Hampton to the Bureau of o Franchises as requested by Mayor R. Carey Davis. N L RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 0 Cn SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Richard, Mulvihill a U 4. Presentations = 0 v 4A. Student of the Month — San Bernardino High School — Gisela Santana — Council co Member Barrios o rr 4B. Citizen of the Month — Neighborhood Association Council — Council Member Nickel. i Certificates were accepted by the following Neighborhood Association presidents: - Amelia Lopez, President of NAC; Juan Figueroa, Amtrak NA; Evelyn Alexander, Del Rosa Neighborhood Association Group; John Griffin, Delmann Heights NA; Carlos Tehran, Mt. Vernon NA; Charlene Jacobs, Terrace West NA; Jim Eble, Valley College r� NA; Michael Craft, Verdemont NA; Judy Castorena, Warm Srings NA; Tony Marzullo, Wildwood NA. ri rn 4C. Proclamation honoring Rail Safety Month -- Sara Logan, Assistant State Coordinator for Operation Lifesave, and Tim Watkins, Chief of Legislative and Public Affairs, SANBAG--Mayor Davis w aD 4D. California Law Enforcement Challenge — CHP Inland Division Chief Bill Dance — Chief Jarrod Burguan Q 4E. Presentation of "Empire" by Lewis Soto to the Feldheym Library — Frances Vasquez,Inland Institute 4F. Bankruptcy/Strategic Planning Update --Management Partners Mayor and Common Council of the City of San Bernardino Page 4 Packet Pg.43 Joint Regular Meeting DRAFT Minutes September 19, 2016 4G. Chamber of Commerce & Local Elected Officials Announcements Joshua Monzone, Senator Mike Morrell's Office, spoke briefly about Senator Morrell's upcommg Twelfth Annual Woman of Distinction Ceremony honoring women all across the 23rd State Senate District of California on Friday, October 7, 2016 at 6:00 p.m. at the Goldy S. Lewis Community Center in Rancho Cucamonga. Mario Herrera, Assembly Member Steinorth's office, stated that the Assembly Member had finished his legislative session and was in the District focusing on a lot of District events such as pet adoptions and self-defense. He announced that a Women's Self- Defense event would be held on Saturday, October 1, 2016 from 10:00 a.m. to 2:00 p.m. a in Rancho Cucamonga. N 6 Judi Penman announced upcoming Chamber of Commerce events and activities. 5. Consent Calendar Agenda Item Nos. 5G, 5K, 5L, and 5M were pulled from the consent calendar by cn members of the Council. Item 5D was a misprint and was not considered. ; a� 5A. City Clerk Waive Full Reading of Resolutions and Ordinances Motion: Waive full reading of resolutions and ordinances on the agenda dated c September 19,2016. 0 co RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member,Ward 3 SECONDER: Virginia Marquez, Council Member,Ward 1 AYES: Marquez, Barrios,Valdivia, Shorett,Nickel, Richard, Mulvihill CU ...... . - -- _. .. o 5B. City Clerk Council Minutes for July 2016. w� ; Motion: Approve the Minutes of the Mayor and Common Council meetings of July rn� 5, 2016; July 13, 2016; and July 18,2016, as submitted. a a� _ cn RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 E SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios,Valdivia, Shorett,Nickel, Richard, Mulvihill a 5C. City Clerk Council Minutes for the Meeting of September 6, 2016. Motion: Approve the Minutes of the Mayor and Common Council meeting of September 6, 2016, as submitted. Mayor and Common Council of the City of San Bernardino Page 5 Packet Pg. 44 Joint Regular Meeting DRAFT Minutes September 19, 2016 RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 i SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios,Valdivia, Shorett,Nickel,Richard, Mulvihill 5D. City Attorney Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Professional Services Agreement with Cota Cole LLP. in No Action Taken N Motion: This item was pulled from Agenda because it was considered at the 9/6/16 C' MCC meeting and approved. 5E. City Attorney Q RES. 2016-198 - Resolution of the Mayor and Common Council of the City of San cn Bernardino Authorizing the City Attorney to Execute a Three-Year Contract with Thomson- West to Provide On-Line Legal Research Services (Westlaw) to the City Attorney's Office and to Authorize the Issuance of a Purchase Order. Motion: Adopt the Resolution. c RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member,Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios,Valdivia, Shorett,Nickel, Richard, Mulvihill ........ ............___ �o 5F. City Manager RES. 2016-199 - Resolution of the Mayor and Common Council of the City of San Bernardino Approving Rules and Regulations for Relocation Assistance Consistent with Applicable State and Federal Laws for Persons And/Or Businesses Displaced by a City Project and Approving Certain Related Actions rn Motion: Adopt the Resolution. a. d RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member,Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 w AYES: Marquez, Barrios,Valdivia, Shorett,Nickel, Richard, Mulvihill Q 5G. City Manager RES. 2016-200 - Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Execution of HOME Loan Agreement with Housing Partners I for the Implementation of the Infill Housing Development Program. Council Member Shorett recused himself from this Agenda item due to a conflict of interest. Mayor and Common Council of the City of San Bernardino Page 6 Packet Pg. 45 Joint Regular Meeting DRAFT Minutes September 19,2016 5G. Continued Council Member Valdivia requested that this item be moved to the CDBG Ad Hoc Committee for a hearing on October 4,2016. Edward Flores, Interim Project Manager and Daisy Hernandez, Consultant gave a brief summary of the proposed Infill Housing Program on behalf of the Housing Division. Motion: Adopt the Resolution with the condition that Ed Flores, Interim Project Manager, report back to the Council within 90 days with the achievements and accomplishments of the strategic plan for HOME program and the N Interim Project Manager work with the CDBG Ad Hoc Committee to c undergo the home funds. L E RESULT: ADOPTED [UNANIMOUS] a MOVER: John Valdivia, Council Member, Ward 3 �n SECONDER: Henry Nickel, Council Member, Ward 5 j AYES: Marquez, Barrios, Valdivia,Nickel, Richard, Mulvihill RECUSED: Fred Shorett U C 511. Civil Service 0 U Personnel Actions—Classified co Motion: Approve the classified personnel actions, as submitted by the Chief W Examiner, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino. _ o RESULT: ADOPTED [UNANIMOUS] rn aD MOVER: John Valdivia, Council Member,Ward 3 SECONDER: Virginia Marquez, Council Member,Ward 1 AYES: Marquez, Barrios,Valdivia, Shorett,Nickel, Richard,Mulvihill �I i CL 5I. Finance Approval of Commercial Checks and Payroll Checks E Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. f6 Y Q RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Richard, Mulvihill Mayor and Common Council of the City of San Bernardino Page 7 Packet Pg. 46 Joint Regular Meeting DRAFT Minutes September 19, 2016 5J. Information Technology RES. 2016-201 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Issuance of Annual Purchase Orders for the City's 800 Mhz Rack and Circuit Rental, Dispatch Console Maintenance, Citywide 800 Mhz Backbone Maintenance, Citywide 800 Mhz Time and Materials Maintenance, MDC User Fees, and Citywide 800 Mhz Radio Maintenance from the County of San Bernardino's 800 Mhz Group. Motion: Adopt the Resolution. -- RESULT: ADOPTED [UNANIMOUS] N MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member,Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Richard, Mulvihill a� CL a� 5K. Parks, Recreation & Community Services RES. 2016-202 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Lease Agreement Between the City of San Bernardino and San Bernardino City Unified School District for a Portion of Seccombe Lake Park. c Elizabeth Cochran, Principal from Norton Elementary School, gave a synopsis of the ci curriculum for the aquaponics and hydroponics outdoor project at Seccombe Lake Park. co W to Motion: Adopt the Resolution. i RESULT: ADOPTED [6-1] ca MOVER: Virginia Marquez, Council Member, Ward 1 0 SECONDER: Benito Barrios, Council Member, Ward 2 AYES: Marquez, Barrios, Shorett,Nickel,Richard, Mulvihill NOES: Valdivia .. __..._ ... ........... -_..-... ..._..... ____. ............... ....._---- r 5L. Public Works a RES. 2016-203 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the City Manager to Accept and Appropriate Caltrans Grant Funds in the Amount of $250,000 and to Amend the FY 2016/2017 Budget to Reflect an Appropriation of Matching Funds in the Amount of$27,780 for the a Systematic Safety Analysis Report Program. a Public Comments: Ralph Flowers, San Bernardino Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 8 Packet Pg. 47 Joint Regular Meeting DRAFT Minutes September 19, 2016 RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member,Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez,Barrios, Valdivia, Shorett,Nickel, Richard,Mulvihill 5M. Public Works RES. 2016-204 - Resolution of the Mayor and Common Council of the City of San Bernardino Awarding a Contract to San Marino Roof Company, Inc., for Construction of Roof Replacement Project at the Norman F. Feldheym Central Library in the City of San Bernardino (GB 16-008), Per Plan 13069. ai r Public Comments: a, Betty Jean Long, San Bernardino E a� Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 0 U __...._ - W 6. Public Hearings 6A. Community Development rn Ordinance of the Mayor and Common Council of the City of San Bernardino Approving Development Code Amendment 16-06 Amending Chapter 19.06 (Commercial Zones) o Section 19.06.030(2)(Q) (Development Standards)(Specific Standards for Commercial Zones) (Recycling Facilities for Reusable Domestic Containers) of the Development Code (Title 19) of the San Bernardino Municipal Code to Establish Development Standards and an Approval Process for Unattended Collection Boxes or Similar (01 Structures in Non-Residential Zoning Districts. (FIRST READING) T_I rn i Public Comments: N Betty Jean Long, San Bernardino CD E Approved Motion: Continue to October 17, 2016 meeting Q .............. ................._____ ................ RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member,Ward 4 SECONDER: John Valdivia, Council Member,Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Richard, Mulvihill Mayor and Common Council of the City of San Bernardino Page 9 Packet Pg. 48 Joint Regular Meeting DRAFT Minutes September 19,2016 7. Staff Reports 7A. City Manager RES. 2016-205 - Resolution of the Mayor and Common Council of the City of San Bernardino to Approve the 2015-2016 Consolidated Annual Performance and Evaluation Report (CAPER) and Authorization to Submit to the Department of Housing and Urban Development(HUD). Ed Flores, Interim Project Manager, explained that the report was in regards to how the o City performed last year with respect to the expenditure of CDBG and ESG Funds. N Motion: Adopt the Resolution. E RESULT: ADOPTED [UNANIMOUS] a MOVER: John Valdivia, Council Member, Ward 3 N SECONDER: Jim Mulvihill, Council Member, Ward 7 N AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Richard, Mulvihill 3 711. City Manager Discuss and take possible action regarding Pre-Election forums at City Hall. o U Public Comments: co Deanna Adams, San Bernardino Scott Olson, San Bernardino Judi Penman, San Bernardino Jolena Grider, Chief Assistant City Attorney said that Mr. Scott's concern was that the o Council had said no public money should be spent on public education on the Charter issue and he was looking for Council direction. i Council Member Valdivia suggested residents put their requests for use of the Council Chamber in writing. a) i CL d Motion: Allow the use of City Council Chamber for the purpose of Pre-Election N forums and the use of Channel 3 at no fee. E t RESULT: ADOPTED [UNANIMOUS] e MOVER: Fred Shorett,Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios,Valdivia, Shorett,Nickel, Richard,Mulvihill Mayor and Common Council of the City of San Bernardino Page 10 Packet Pg. 49 Joint Regular Meeting DRAFT Minutes September 19,2016 8. Public Comments on Items Not on the Agenda Karmel Roe San Bernardino asked if there had been a p ublic hearing nd asked if g changing the charter would it fix Seccombe Lake, take care of the homeless, spell out and make everyone do their job. She stated that these were the things the public wanted answers to. She said that the City needed a strong Mayor and people needed to work together in unity. Robert Porter, San Bernardino, Founder of"I Love San Bernardino" group, announced the passing of Reverend George Honn, who died from liver cancer since the last Council meeting. He said that he was upset that the Mayor was not at the dais to hear the i announcement. ° N Betty Jean Long, San Bernardino, said she had figured out who had been robbing her all r' this time, and it was not who she thought it was. E Ralph Flower, San Bernardino, stated that he wished there was a department head to talk r to that would speak to them in regards to what was going on regarding a vacant lot next in to his house on Hacienda. He said it had been vacant since the Old Fire and his house had ; been broken into twice. He questioned why the individual was being allowed to build, and said it was a fire hazard and he would be filing a complaint with the state. Deanna Adams, San Bernardino, advised voters to reject the marijuana measures to protect community, property values and children. She said Measure L takes over citizen's = rights and listed points of difference between the current and proposed Charters. Scott Olson, San Bernardino, stated it was not lost on the simple reality that our City 00 Manager chose the morning after a debate on Measure L to make his decision not to cc allow forums at City Hall. He said if the City Manager really wanted to defer to the City s Council, he shouldn't have put it on the agenda. He said that the Mayor could have stepped in and dealt with this matter since he was the one in charge. L Sandra Olivas, San Bernardino, made an announcement about Winter Wonderland set ° for December 3, 2016 at Perris Hill Park. She said that last year's event, just after the terrorist attack, was a wonderful coming-together of the City As a representative of The Patrons of the Roosevelt Bowl she thanked early sponsors and said she seek out other i sponsors for the event after the meeting. William Ciocci, San Bernardino, said there would be three local cannabis initiatives for a regulating medical access, medical grow, and a statewide initiative for adult use a) Cn legalization. He said as a pothead and someone who gets his medicine from cannabis, he c couldn't get behind any of the initiatives. He stated that someone from the City needed to be ready to look forward if the initiatives pass. He supported creation of a cannabis U commission in the City to figure out how to deal with the emerging questions. w Sandra Ibarra, San Bernardino, Community Development Community Advisory Commissioner said she was surprised that the commission was suspended by the RDA and asked why. She said Ed Flores, Interim Project Manager told her he was expecting the group to meet twice a year. She questioned why the City had commissioners if they only met twice a year and said they needed direction. Mayor and Common Council of the City of San Bernardino Page 11 Packet Pg. 50 Joint Regular Meeting DRAFT Minutes September 19,2016 Dorothy Garcia, San Bernardino, asked that the public not rely on Facebook, or hear in sound bites, or what people say to decide the merits of Measure L, the proposed new Charter. She encouraged those with questions to read the 12-page proposed Charter that was posted on the City website and then ask questions. James Penman, San Bernardino, said people needed to also read the current charter and compare the two documents because the devil was in the details. He cited the history of the City of Bell and said it had an appointed City Attorney and City Manager-Council form of government. He also said the difference between an elected and appointed City Attorney was that the former can prosecute violations of the Political Reform Act and mentioned a previous situation in the City wherein the City Attorney was able to prosecute the violations of local elected officials. Jim Smith, San Bernardino, apologized for the treatment of Council Members by a L previous speaker. He said people elected the City Council to run the City, and he had confidence and trust in this City Council. He said that it was up to the citizens to elect the right people to lead our City. C a 9. Items to be Referred to Council Committees .� Council Member Marquez recommended that the LRC consider a written policy regarding use of the Council Chamber and Channel 3. U G Council Member Valdivia said he would be hosting several meetings regarding CDBG, v with the first set for October 4, 2016. He promised a robust agenda. Council Member Barrios said he would like an update on the city's homelessness policy and wants to develop policy and decide what San Bernardino wants to do as a City to ensure that those providers coming to the city to provide homeless services have w guidelines to follow. 0 10. Announcements from Mayor, Common Council and Executive Staff Y 11. Items added after the posting of the Agenda 11A. City Manager Discuss and take possible action for emergency action. Motion: Find that an emergency exists, that the matter came up after the posting of c the agenda, determine that an emergency exists and discuss the item as Item 7B. .� RESULT: ADOPTED [6-1] a I MOVER: Henry Nickel, Council Member,Ward 4 I SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios,Valdivia,Nickel, Richard, Mulvihill NOES: Shorett Mayor and Common Council of the City of San Bernardino Page 12 Packet Pg. 51 �r Joint Regular Meeting DRAFT Minutes September 19, 2016 12. Adjournment The meeting adjourned at 7:58 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 3,2016. By: GEORGEANN"GIGI"HANNA, CMC City Clerk r O N O r L d E O Q d Cn N O O C U C 7 O U c0 co s as I ca L 0 NN Ll� I �F+ I r I Q� r I Q d U) i+ cD C U R Q Mayor and Common Council of the City of San Bernardino Page 13 Packet Pg. 52