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DOC ID: 4647
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Council Minutes
From: Georgeann "Gigi" Hanna M/CC Meeting Date: 09/19/2016
Prepared by: Georgeann "Gigi" Hanna,
Dept: City Clerk Ward(s): N/A
Subject:
Council Minutes for the Meeting of September 6, 2016
Current Business Registration Certificate: Not Applicable
Financial Impact:
No Cost to the City
Motion: Approve the minutes of the Mayor and Common meeting of September 6,
2016, as submitted.
Supporting Documents:
Se p_6_16_Jt_Reg_gh_DRAFT (DOC)
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Updated: 9/13/2016 by Georgeann "Gigi" Hanna Packet Pg. 54
5.C.a
Mayor R. Carey Davis
A. �+tl,� City of San Bernardino Council Members
300 North "D" Street
Virginia Marquez
San Bernardino, CA 92418 Benito Barrios
x http://www.sbcity.org John Valdivia
.� Fred Shorett
Henry Nickel
ED i!'t Bessine L. Richard
Jim Mulvihill
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DRAFT MINUTES
d
JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL E
OF THE CITY OF SAN BERNARDINO a
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MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING `n
AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
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MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING
AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY
AND 0
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING
AS THE HOUSING AUTHORITY t°
TUESDAY, SEPTEMBER 6, 2016 U.
COUNCIL CHAMBER
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The Joint Regular Meeting of the Mayor and Common Council of the City of San Bernardino 0)
was called to order by Mayor R. Carey Davis at 2:00 p.m., Tuesday, September 6, 2016, in the
Council Chamber of City Hall, 300 North "D" Street (Lobby), San Bernardino, California.
Roll Call
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Attendee Name Title Status Arrived a
Virginia Marquez ' Council Member, Ward 1 Present 2:00 p.m. cn
Benito J. Barrios Council Member, Ward 2 _ Present 2:00 p.m.
John Valdivia Council Member, Ward 3 Present 2:00 p.m. t
Fred Shorett Council Member, Ward 4 Present 2:00 p.m. R
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Henry Nickel Council Member, Ward 5 Present 3:17 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 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 DRAFT Minutes September 6, 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;
People of the State of California v. House of Kush - San Bernardino Superior
Court, Case No. CIVDS 1518733; c
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People of the State of California v. Kush Concepts Collective (Bixler), et al. -
San Bernardino Superior Court, Case No. CIVDS 1516185; M
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Reginald Peralta v. City of San Bernardino - U. S. District Court, Case No.
EDCV 12-2126 VAP (DTBx); u,
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Glen Aire Mobilehome Park, et al. v City of San Bernardino, et al., - San c
Bernardino Superior Court, Case No. CIVDS 1114110;
Castaneda v. City of San Bernardino, et al. - U. S. District Court, Case No. o
CV15-00910;
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Matthew Sharkey, et al. v. Public Safety Academy. - San Bernardino Superior
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Court, Case No. CIVDS 1015386;
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Richard Everett v. City of San Bernardino - WCAB Case No. ADJ3138651, o
ADJ4186452 and ADJ9878260;
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Richard Lewis v. City of San Bernardino - WCAB Case No. ADJ8242188 and
ADJ8113168;
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Michella Roan v. City of San Bernardino, et al. - San Bernardino Superior `T-I
Court, Case No. CIVDS 1413046; (�
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Californians for Responsible Government v. City of San Bernardino, et al. - Cl)
San Bernardino Superior Court, Case No. CIVDS 1613014;
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Siobhan Sansone v. City of San Bernardino, et al. - U. S. District Court, Case
No. CV15-01009.
B. Conference with legal counsel - anticipated litigation - significant exposure to
litigation -pursuant to Government Code Section 54956.9(d)(2).
One (1) Item
C. Conference with legal counsel - anticipated litigation - initiation of litigation -
pursuant to Government Code Section 54956.9(d)(4).
City v US Bank City v. Chinn
Mayor and Common Council of the City of San Bernardino Page 2
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Joint Regular Meeting DRAFT Minutes September 6, 2016
D. Closed Session -personnel - pursuant to Government Code Section 54957(b):
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):
F. Conference with labor negotiator -pursuant to Government Code Section 54957.6
G. Conference with real property negotiator - pursuant to Government Code Section
54956.8.
Reading of Resolutions and Ordinances c
Deputy City Clerk Montoya read into the record the titles of all the resolutions and ordinances on
the agenda.
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Invocation/Pledge of Allegiance
The invocation was given by Pastor Jim Hall of Generations Church. The Pledge of Allegiance
was led by Destiny Ruiz, a 6th grade student at George Brown, Jr. Elementary School.
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2. Closed Session Report
Under Agenda Item No. IA, conference with legal counsel — existing litigation, the
Mayor and Common Council gave settlement direction for: 3
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In re: City of San Bernardino - U.S. Bankruptcy Court, Case No. 6:12-bk-28006 MJ; v
Bankruptcy claimant ATS Communications with a vote of 6-0, with Council Member
Iq
Nickel absent. to
Glen Aire Mobilehome Park, et al. v City of San Bernardino, et al., - San Bernardino U"
Superior Court, Case No. CIVDS 1114110; Vote of 6-0, with Council Member Nickel
absent.
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Michella Roan v. City of San Bernardino, et al. - San Bernardino Superior Court,
Case No. CIVDS 1413046; Vote of 6-0-1, with Council Member Nickel abstaining.
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People of the State of California v. House of Kush - San Bernardino Superior Court,
Case No. CIVDS 1518733; Vote of 6-0, with Council Member Nickel absent. a
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Reginald Peralta v. City of San Bernardino - U. S. District Court, Case No. EDCV 12-
2126 VAP (DTBx); Vote of 5-1, with Council Member Valdivia voting no and Council
Member Nickel absent.
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Castaneda v. City of San Bernardino, et al. - U. S. District Court, Case No. CV15- Q
00910; Vote of 6-0, with Council Member Nickel absent.
Matthew Sharkey, et al. v. Public Safety Academy. - San Bernardino Superior Court,
Case No. CIVDS 1015386; Vote of 6-0, with Council Member Nickel absent.
Richard Everett v. City of San Bernardino - WCAB Case No. ADJ3138651,
ADJ4186452 and ADJ9878260; Vote of 6-0, with Council Member Nickel absent.
Richard Lewis v. City of San Bernardino - WCAB Case No. ADJ8242188 and
ADJ8113168; Vote of 6-0, with Council Member Nickel absent.
Mayor and Common Council of the City of San Bernardino Page 3
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Joint Regular Meeting DRAFT Minutes September 6, 2016
Siobhan Sansone v City of San Bernardino, et al. - U. S. District Court, Case No.
CV15-01009. Vote of 7-0.
Under Agenda Item No. IC, Conference with legal counsel - anticipated litigation -
initiation of litigation, the Mayor and Common Council gave settlement direction for:
City v. US Bank. Vote of 7-0.
City v. Chinn. Vote of 7-0.
3. Appointments
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3A. Mayor's Office
Appointment of Mr. Gill J. Botello to the Fine Arts Commission - Council Member
Virginia Marquez. E
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Motion: Approve the appointment of Mr. Gil J. Botello to the Fine Arts
Commission as requested by Council Member Virginia Marquez.
RESULT: ADOPTED [UNANIMOUS] c
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MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Benito J. Barrios, Council Member, Ward 2 c
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Richard, Mulvihill °
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3B. Mayor's Office
Appointment of Ms. Linda Hart to the Human Relations Commission - Council Member �-
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Bessine L. Richard. 9
Motion: Approve the appointment of Ms. Linda Hart to the Human Relations
Commission as requested by Council Member Bessine L. Richard.
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 �!
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3C. Mayor's Office
Appointment of Mr. Larry R. Quiel to the Planning Commission - Council Member Fred
Shorett. a
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Motion: Approve the appointment of Mr. Larry R. Quiel to the Planning
ICommission as requested by Council Member Fred Shorett.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
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 4
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Joint Regular Meeting DRAFT Minutes September 6, 2016
4. Presentations
4A. Proclamation of Appreciation — Stater Brothers 80th Anniversary — Mayor R.
Carey Davis
Accepted by Pete Van Helden, Stater Bros. President/CEO; George Frahm, Executive
Vice President; Dennis McIntyre, Executive Vice President Marketing; Dan Meyer,
Executive Vice President Retail Operation; Nancy Negrette, Director of Corporate
Affairs; and Marisa Kutansky, Communications Manager.
4B. Proclamation Designating September as "Childhood Cancer Awareness Month" —
Mayor R. Carey Davis to
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4C. SBD Fest SB Strong Plane Pull — Mark Gibbs, Director of Aviation & Catherine
Pritchett
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4D. Boy Scouts of America — California Inland Empire Council — Ricci Dula, District a
Director—Council Member Valdivia in
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4E. California Law Enfor-eement Challenge C14P inland Division Chief Bill Danre---
4F. -Rankr-uptey/Str-ategie Planning Update Management Partners
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4G. Chamber of Commerce & Local Elected Officials Announcements
Jack Avakian announced upcoming Chamber events and activities.
5. Consent Calendar a
Agenda Item Nos. 513, 5H, 5M, 5S and 5V were pulled from the consent calendar by o�
members of the Council. Item 5E was pulled by the City Manager.
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Motion: Approve the remaining items on the consent calendar. ci
RESULT: ADOPTED [UNANIMOUS] r�
MOVER: Fred Shorett, Council Member, Ward 4 0�
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Richard, Mulvihill
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5A. City Clerk
Waive Full Reading of Resolutions and Ordinances a
Motion: Waive full reading of resolutions and ordinances on the agenda dated
September 6, 2016.
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 5
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Joint Regular Meeting DRAFT Minutes September 6, 2016
5B. City Clerk
Council Minutes for July 2016
Motion: Continued to 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
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5C. City Clerk
RES. 2016-179 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of a Fine Arts Commission Grant Recipient E
Agreement with Micah Escamilla for Faces of San Bernardino Project. a
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Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member, Ward 3 ci
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
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5D. City Attorney
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RES. 2016-180 — Resolution of the Mayor and Common Council of the City of San
Bernardino Approving the Professional Services Agreement with Cota Cole LLP. o
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Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member, Ward 3 0�
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Richard, Mulvihill
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SE. Cot-
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Resolution .file Mayor- .,,,,.a / vmro i ! ,,,, ,;1 of the City of Ca Bo,-v ,, 1ine A, .. .. i V
the Sttbmittal of the Fiseal Year- (FY) 2015 2016 Gonsolida4ed Annual Peffofffl-fflfl-ee' ffind
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Evaluation T?o,,oA to the United States Tlo,,a,-tme t of LT.,,,sing and U-1.a.-. Deyel.,,.,,,o.,t
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Afofiou:-
(FY) 2015 2016 Consolidated A,,,,ua D 1,,
trz�-zm�-zvro— - E`�f�rnzEH�C�E�zu�rcct�6a
U o.-ei4 (GAPER); an
2. Author-ize the City Manager- to s0mit the CAPER to the United
Mayor and Common Council of the City of San Bernardino Page 6
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Joint Regular Meeting DRAFT Minutes September 6, 2016
States DepaAment of Housing and Ur-ban Development (HUD)
p . le-September- 20' �
3.Adep the .�tahed Resolution approving the FY 2015 201-6
CAPER.
This item was pulled by the City Manager and not considered.
5F. Civil Service
Personnel Actions - Classified
Motion: Approve the classified personnel actions, as submitted by the Chief
Examiner, in accordance with Civil Service rules and Personnel policies
adopted by the Mayor and Common Council of the City of San N
Bernardino.
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RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4 d
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Richard, Mulvihill
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5G. Community Development
RES. 2016-181 — Resolution of the Mayor and Common Council of the City of San o
Bernardino Authorizing the Execution of a Consultant Services Agreement with v
MIG/Hogle-Ireland for the Preparation of the Comprehensive Signage Regulations
Update.
Public Comments: UL
Scott Olson, San Bernardino
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Motion: Adopt the Resolution.
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RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member, Ward 3 1
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Richard, Mulvihill va
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Mayor and Common Council of the City of San Bernardino Page 7
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Joint Regular Meeting DRAFT Minutes September 6, 2016
5H. Council Office
Discuss and Take Possible Action Regarding Tow Services Agreement Amendment
Motion: Refer to the Legislative Review Committee for further discussion.
RESULT: ADOPTED [4 TO 31
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Benito J. Barrios, John Valdivia, Henry Nickel, Bessine L. Richard
NAYS: Virginia Marquez, Fred Shorett, James Mulvihill c
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5I. Council Office
RES. 2016-182 — Resolution of the Mayor and Common Council of the City of San E
Bernardino Authorizing the Director of Finance to Issue a Purchase Order to Out of the 0
Box Printing/R81 in the Amount of$5,000.00 for Military Banners. W
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member, Ward 3 v
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Richard, Mulvihill
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5J. Finance
Approval of Commercial Checks and Payroll Checks
Motion: Approve the claims and payroll and authorize the issuance of warrants as o�
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listed.
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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 w
5K. Human Resources
Personnel Actions - Unclassified
Motion: Approve the unclassified personnel actions, as submitted by the Interim Q
Director of Human Resources, in accordance with City policies and
procedures.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member, Ward 3
NEW 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 DRAFT Minutes September 6, 2016
5L. Human Resources
RES. 2016-183 — Resolution of the Mayor and Common Council of the City of San
Bernardino Approving Employer Paid Health Benefit Contributions for Benefit Plan Year
2017 and Election of the Mayor and Common Council to Receive the Same Benefit Plan
as the Management/Confidential Bargaining Unit.
Motion: Adopt the Resolution.
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 cm
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5M. Human Resources =
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RES. 2016-184 — Resolution of the Mayor and Common Council of the City of San Q
Bernardino Establishing One (1) Chief Deputy City Clerk (U) and Approving the Job in
Description; Adding One (1) Chief Deputy City Clerk (U) to the City's Clerk's Table of
Organization; and Deleting One (1) Deputy City Clerk(U) from the City's Clerk's Table
of Organization.
Motion: Adopt the Resolution.
RESULT: ADOPTED 14 TO 3] U
MOVER: Virginia Marquez, Council Member, Ward 1
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Virginia Marquez, Fred Shorett, Henry Nickel, James Mulvihill LL
NAYS: Benito J. Barrios, John Valdivia, Bessine L. Richard
5N. Human Resources a
RES. 2016-185 — Resolution of the Mayor and Common Council of the City of San
Bernardino Establishing Salaries for Police Department Ranges P-1 (Police Officer), P-2
(Detective/Corporal), P-3 (Sergeant) and Law Enforcement Trainee Effective August 1,
2016. (01
Motion: Adopt Resolution.
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RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4 U
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Richard, Mulvihill
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Mayor and Common Council of the City of San Bernardino Page 9
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Joint Regular Meeting DRAFT Minutes September 6, 2016
50. Parks, Recreation & Community Services
RES. 2016-186 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Finance Director to Allocate Unappropriated Senior Services
Trust Account Revenue (Donation/Fundraiser) to the Parks, Recreation and Community
Services Department General Fund Expenditure Accounts for Senior Services in the
Amount of$13,400.
Motion: Adopt Resolution.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4 cc
SECONDER: John Valdivia, Council Member, Ward 3 ( c°4
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill `a
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5P. Parks, Recreation & Community Services a
RES. 2016-187 — Resolution of the Mayor and Common Council of the City of San in
Bernardino Ratifying the Submission of an Application for and Accepting a Contribution
Sponsorship from Kaiser Permanente Operation Splash Fontana Community Benefit
Grant Program, and Appropriating Additional General Fund Expenditures in the Amount
of$15,000 for the 2016-17 Summer Aquatics Programs.
Motion: Adopt the Resolution. o
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RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member, Ward 3 LL
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
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5Q. Police a;
RES. 2016-188 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing to Transfer and Recognize $38,714.13 from Account 772-
2327.212 to Revenue Account 001-210-0000*4690 and Appropriate $38,714.13 to the cod
FY 2016/2017 Budget, and Issue a Purchase Order to West Coast Lights and Sirens.
Motion: Adopt the Resolution.
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RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member, Ward 3 w
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Richard, Mulvihill a
Mayor and Common Council of the City of San Bernardino Page 10
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Joint Regular Meeting DRAFT Minutes September 6, 2016
5R. Police
RES. 2016-189 – Resolution of the Mayor and Common Council of the City of San
Bernardino Ratifying the Submittal of an Application for an Enhanced Collaborative
Model to Combat Human Trafficking Grant from the Office of Justice Programs, Bureau
of Justice Assistance, in the Amount of$900,000 and Authorizing the Police Department
to Accept and Administer the Grant If Awarded.
Motion: Adopt the Resolution.
F – —
I RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4 cc
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill tO
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5S. Public Works Q
RES. 2016-190 – Resolution of the Mayor and Common Council of the City of San u�
Bernardino Accepting the Active Transportation Program Cycle 2 Grant in the Amount
of$2,090,489 for Project ATP-5033(053) and Directing that the Project be Added to the
FY 2016/17 Capital Improvement Program.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] v
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Richard, Mulvihill U.
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5T. Public Works
RES. 2016-191 – Resolution of the Mayor and Common Council of the City of San
Bernardino Approving Amendment No. 1 to Cooperative Agreement No. 16-1001335
with the San Bernardino County Transportation Commission (Authority) for the
Interstate 215/University Parkway Interchange Project (Ss04-019).
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Motion: Adopt the Resolution. wi
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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
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Mayor and Common Council of the City of San Bernardino Page 11
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SU. Public Works
RES. 2016-192 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the City Manager to Execute Memorandum of Understanding
No. 17-1001586, to Issue a Notice of Intent (NOI) to Create a Quiet Zone Along the
Metrolink Line Known as the Shortway Subdivision and to Execute a Notice of Quiet
Zone Establishment at the Time and in a Form Set by 49 CFR §222.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4 co
SECONDER: John Valdivia, Council Member, Ward 3 N
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
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5V. Public Works a
RES. 2016-193 — Resolution of the Mayor and Common Council of the City of San in
Bernardino Awarding a Contract in the Amount of $263,250 to Leonida Builders Inc.,
Per Plan No. 13076 (SS-P) for Construction of Annual Concrete Repairs - Citywide.
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Motion: Adopt the Resolution.
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RESULT: ADOPTED [UNANIMOUS] o
MOVER: John Valdivia, Council Member, Ward 3 v
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
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5W. Public Works
RES. 2016-194 — Resolution of the Mayor and Common Council of the City of San
Bernardino Rejecting Bids on RFP F-16-10, Pursuant to 3.04.070(E) of the Municipal a;
Code for Sewer Main Line Repair Services.
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Motion: Adopt Resolution.
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RESULT: ADOPTED [UNANIMOUS] cc�
MOVER: Fred Shorett, Council Member, Ward 4 N
SECONDER: John Valdivia, Council Member, Ward 3
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AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
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Mayor and Common Council of the City of San Bernardino Page 12
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5X. Public Works
RES. 2016-195 — Resolution of the Mayor and Common Council of the City of San
Bernardino Rejecting Bids on RFP F-16-11, Pursuant to 3.04.070(E) of the Municipal
Code for Sewer Manhole Cover Replacement Services.
Motion: Adopt Resolution.
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
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5Y. Water d
RES. 2016-196 — Resolution of the Mayor and Common Council of the City of San E
Bernardino Declaring Its Intention to Reimburse Certain Expenditures from the Proceeds Q
of One or More Tax-Exempt Bond Financings, as Required by United States Department W
of Treasury Regulations Section 1.150-2; and Authorizing Certain Other Actions in
Connection Therewith.
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Motion: Adopt the Resolution.
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RESULT: ADOPTED [UNANIMOUS] o
MOVER: Fred Shorett, Council Member, Ward 4 v
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Richard, Mulvihill 7T_
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6. Public Hearings
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6A. Community Development
Ordinance of the Mayor and Common Council of the City of San Bernardino Approving
Development Code Amendment 16-04 Amending Chapter 19.22 (Sign Regulations),
Section 19.22.030 (Definitions) and Section 19.22.150(0)(3) (Multi-Tenant Centers) of i
the Development Code (Title 19) of the San Bernardino Municipal Code. (FIRST
READING); and a
RES. 2016-197 — Resolution of the Mayor and Common Council of the City of San Cn
Bernardino Adopting a Categorical Exemption and Approving the Amendment to Sign C
Program 15-04 to Allow More Than Three (3) Tenant Panels for the Pylon Signs Located E
at 1831 W. Northpark Boulevard (APN: 0151-361-43) Within the Commercial General-
University Village (CG-3) Zone.
Mayor Davis opened the hearing.
Pursuant to Resolution No. 2000-279, City Clerk Hanna administered an oath to those
individuals wishing to speak on the matter that they would provide true and honest
testimony.
Public Comments:
James R. Watson, applicant, urged approval of the item, saying that the sign program
would work for his project at University and Northpark Boulevards and benefit the city
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by providing flexibility for major tenants, and conformity that will control visual clutter.
Signage is one of the top requirements a tenant has.
Chantal Power from the Community Development Department said the sign program
originally sprung from the needs of the Watson development, but that the amendment
would affect signage conformity throughout the city.
Motion: 1. Close the Public Hearing;
2. Lay over Ordinance for final adoption; and
3. Adopt Resolution adopting the Categorical Exemption; and,
approving the amendment to Sign Program 15-04, based upon the c
recommended Findings of Fact and Conditions of Approval. cm
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RESULT: ADOPTED [UNANIMOUS] E
MOVER: Henry Nickel, Council Member, Ward 5 Q
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SECONDER: John Valdivia, Council Member, Ward 3 y
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
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6B. Community Development
Resolution of the Mayor and Common Council of the City of San Bernardino, California o
Not Adopting a Categorical Exemption and Denying General Plan Amendment 16-02 v
and Development Code Amendment (Zoning Map Amendment) 14-17 to Change of the
General Plan Land Use Designation from Residential Suburban to Residential Medium
High-20 and the Zoning District from Residential Suburban (RS) to Residential Medium
High-20 (RMH-20) for Three (3) Parcels Containing a Total of Approximately 3.57 U_
Acres in Order to Construct a Planned Unit Development Comprised of Fifty-One (51)
Attached Residential Units Located at 4630 N. "F" Street (APN: 0265-191-17, 18 and
34) Within the Sphere of Influence of the Unincorporated Area of the City of San
Bernardino. (At Meeting of July 18, 2016, Item Continued to September 6, 2016)
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Mayor Davis opened the hearing.
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No comments were made. ccl
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Motion: Table. Cn
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RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4 w
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SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Richard, Mulvihill
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7. Staff Reports
7A. Public Works
ORD. MC-1428 — Ordinance of the Mayor and Common Council of the City of San
Bernardino Amending Chapter 10.52 of the San Bernardino Municipal Code to Update
Existing Speed Zones City Wide. (FINAL READING)
Motion: Adopt Ordinance.
RESULT: ADOPTED [UNANIMOUS]
MOVER: John Valdivia, Council Member, Ward 3 N
SECONDER: Henry Nickel, Council Member, Ward 5
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AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Richard, Mulvihill
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8. Public Comments on Items Not on the Agenda
Robert Porter, San Bernardino, said the Charter is like the city's constitution and no one
has the right to take it away from the people. If there are problems, it can be fixed, he
said, and decried the one choice offered by the Charter Review Committee.
Scott Olson, San Bernardino, said the 2013 recall election was supposed to be a positive U
thing, but instead put in people that we are stuck with, and they do not want to listen to
residents anymore. He said the six-minute limit on the agenda is because the elected to
' officials do not want to listen to the residents and urged people to vote no on Measure L.
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Deanna Adams, San Bernardino, said poverty, debt and class warfare, not the current
Charter, led to the bankruptcy. The plan to bankrupt the city led to the move for a new
Charter and she called those who support the proposed charter useful idiots.
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Sandra Ibarra, San Bernardino, spoke about being used to opposition and said she is
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used to questioning authority and told the council member not to take her comments
personally. She said she will not be silent as the city goes downhill and warned Council
Member Shorett that this may be his last term in office. Regarding the Charter, she said to
the demise of the city did not happen overnight and she will not be voting in favor of
Measure L. U)
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James Penman, San Bernardino, said the council-manager form of government is a trend E
and trends change; San Bernardino needs an elected strong Mayor in order to be great
again. The proposed Charter gets rid of most of the checks and balances approved over
the years. San Bernardino prospered for 90 years under most of the current Charter, and
why would we want to trade that on an experiment,he asked.
Barbara Babcock, San Bernardino, sent well wishes to Michael Gallo, SBCUSD Board
president, who is in the hospital. She also said that what the city has done in the past is
not working, and praised Mark Scott. She suggested that each council member give a
monthly report on what they individually are doing to bring business to San Bernardino.
She asked everyone to put their personal agendas aside and find out the facts about the
proposed Charter.
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Trayvon Martin, San Bernardino, thanked the council members and city officials for
attending the Schools Not Prison event on August 26 at Anne Shirrell's Park, and then
the education rally the following day at Cal State San Bernardino to motivate students.
He said he would like to see more of these kinds of programs.
Jim Smith, San Bernardino, said we need to accentuate the positive in San Bernardino,
and mentioned that there are youth, from ICUC and San Bernardino Generation Now,
who want to make the city better. He said that improvement of the city is tied to a new
Charter and urged people to educate themselves on it.
Jay Lindberg, San Bernardino, said if you don't deal with the money in politics, you o
don't fix the problem. He said the proposed Charter should have included a component N
about campaign finance to keep outside interests out of local elections. `L
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9. Items to be Referred to Council Committees
Council Member Nickel requested that the Quality of Life committee consider
modifications to Police Department benefits in terms of recruitment/retention challenges.
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10. Announcements from Mayor, Common Council and Executive Staff
11. Adjournment c
The meeting adjourned at 6:30 p.m. The next joint regular meeting of the Mayor and L?
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, September 19, 2016,
in the Council Chamber of City Hall, 300 North "D" Street, San Bernardino, California.
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By:
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GEORGEANN"GIGI"HANNA, CMC
City Clerk
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