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DOC ID: 4689
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Council Minutes
From: Georgeann "Gigi" Hanna M/CC Meeting Date: 12/05/2016
Prepared by: Georgeann "Gigi" Hanna,
Dept: City Clerk Ward(s): N/A
Subject:
Council Minutes --November 21, 2016 (#4689)
Current Business Registration Certificate:
Financial Impact:
No Cost to the City
Motion: Approve the minutes of the Mayor and Common Council meeting of
November 21, 2016, as submitted.
Supporting Documents:
Nov_21_16_Jt_Reg (Draft)_gh (DOC)
Updated: 11/28/2016 by Georgeann "Gigi" Hanna Packet Pg. 9
5.B.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
FD Fred Shorett
Henry Nickel
Bessine L. Richard
Jim Mulvihill N
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M
DRAFT MINUTES d
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JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL Z
OF THE CITY OF SAN BERNARDINO
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MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING =
AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
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MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING o
AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY v
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AND
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING rn
AS THE HOUSING AUTHORITY
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MONDAY, NOVEMBER 21, 2016
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 2:01 p.m., Monday, r,
November 21, 2016, in the Council Chamber, 300 North "D" Street (Lobby), San N�
Bernardino, CA. o
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Roll Call t:
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Attendee Name Title Status Arrived E
Virginia Marquez Council Member, Ward 1 Present 2:00 p.m.
Benito J. Barrios Council Member, Ward 2 Late 2:08 p.m. a
John Valdivia Council Member, Ward 3 Late 2:21 p.m.
Fred Shorett Council Member, Ward 4 Present 2:00 p.m.
Henry Nickel Council Member, Ward 5 Late 3:08 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 P
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Joint Regular Meeting DRAFT MINUTES November 21, 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
Gilbert McCory v. City of San Bernardino - United States District
Court, Case No. CV15-01567 JGB (DTBx);
James Tripplett, et al. v. Chris Johnson, et al. - San Bernardino N
Superior Court, Case No. CIVDS1500485; N
Bobbie Vasquez, et al. v. Willie Mason, et al. - San Bernardino
Superior Court, Case No. CIVDS1208006; E
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Latricia Woods v. City of San Bernardino, et al. - San Bernardino z
Superior Court, Case No. CIVDS1212419; ;
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Luke Terry v. City of San Bernardino - WCAB Case No. ADJ8921258
and ADJ9970126;
Alain Martinovic v. City of San Bernardino - WCAB Case No.
ADJ9698452 and ADJ9699451; o
Jeffrey Northup v. City of San Bernardino - WCAB Case No.
ADJ8772662 and ADJ8772665. CO
B. Conference with legal counsel - anticipated litigation - significant exposure
to litigation - pursuant to Government Code Section 54956.9(d)(2).
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Quama Bradford v. City of San Bernardino 0
C. Conference with legal counsel - anticipated litigation - initiation of litigation (D
- pursuant to Government Code Section 54956.9(d)(4). Y'
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City v. Olalia City v. Group IX BP Properties LP r'
City v. Hector Ruiz City v. Bank of America Ni
City v. SB TRS LLC o
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D. Closed Session - personnel - pursuant to Government Code Section
54957(b): E
E. Closed session with Chief of Police on matters posing a threat to the a
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.
Mayor and Common Council of the City of San Bernardino Page 2
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Joint Regular Meeting DRAFT MINUTES November 21, 2016
Reading of Resolutions and Ordinances
Deputy City Clerk Valerie 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 Council Member John Valdivia. The Pledge of Allegiance
was led by Destiny Armeta, a fifth grade student from Del Rosa Elementary School.
2. Closed Session Report
City Attorney Gary Saenz reported the following actions: o
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Under Agenda Item No. 1A, existing litigation: N
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In the matter of James Tripplett, et al. v. Chris Johnson, et al., the Council d
gave settlement direction by vote of 7-0; z
In the matter of Bobbie Vasquez, et al. v. Willie Mason, et al., the Council
gave settlement direction by vote of 7-0;
In the matter of Latricia Woods v. City of San Bernardino, the Council gave
settlement direction by vote of 5-1, with Council Member Nickel abstaining and
Council Member Valdivia voting No;
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In the matter of Luke Terry v. City of San Bernardino, the Council gave
settlement direction by vote of 6-0, with Council Member Nickel absent;
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In the matter of Alain Martinovic v. City of San Bernardino, the Council
gave settlement direction by vote of 6-0, with Council Member Nickel absent; o
In the matter of Jeffrey Northup v. City of San Bernardino, the Council gave
settlement direction by vote of 6-0, with Council Member Nickel absent. �I
Under Agenda Item No. 1 B, anticipated litigation, significant exposure: rl
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In the matter of Quama Bradford v. City of San Bernardino, the Council z°
gave settlement direction by vote of 7-0.
Under Agenda Item No. 1 C, anticipated litigation, initiation of litigation:
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In the matter of City v. Olalia, the Council gave direction by vote of 7-0; a
In the matter of City v. Group IX BP Properties LP, the Council gave
direction by vote of 7-0;
In the matter of City v. Hector Ruiz, the Council gave direction by vote of 7-0;
In the matter of City v. Bank of America, the Council gave direction by vote
of 7-0;
Mayor and Common Council of the City of San Bernardino Page 3 P '
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Joint Regular Meeting DRAFT MINUTES November 21, 2016
In the matter of City v. SB TRS LLC, the Council gave direction by vote of 7-0.
3. Appointments
3A. Mayor's Office
Approved
Motion: Approve the appointment of Mr. Robert Jenkins to the Board of
Building Commission as requested by Mayor R. Carey Davis.
RESULT: ADOPTED [7-0]
MOVER: John Valdivia, Council Member, Ward 3 N
SECONDER: Jim Mulvihill, Council Member, Ward 7 N
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
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4. Presentations Z
4A. Proclamation in honor of Inland Center Mall's 50th Anniversary— Mayor R. a
Carey Davis
Arun Parmar and Terri Relf accepted a proclamation in honor of the Inland
Center Mall's 50th Anniversary.
4B. Student of the Month — Daniel Lucas, San Andreas High School - Council
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Member Shorett o
Daniel Lucas was presented a certificate in recognition of his academic
achievements.
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4C. Citizen of the Month — Dr. Dorothy "Dottie" Garcia - Council Member c
Mulvihill °
Dottie Garcia was presented with a certificate honoring her as Citizen of the
Month.
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4D. Bankruptcy/Strategic Planning Update — Management Partners
Andy Belknap of Management Partners provided an update on the City's N�
bankruptcy case. c
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4E. Chamber of Commerce & Local Elected Officials Announcements
Chamber member Lesley Stevens announced upcoming Chamber of Commerce E
events and activities.
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5. Consent Calendar
Council Member Marquez pulled Agenda Items 5D, 5E and 5H from the Consent
Calendar for separate discussion. Council Member Valdivia pulled Agenda Item
5C to abstain. Council Member Nickel pulled Agenda Items 5K and 5L.
Mayor and Common Council of the City of San Bernardino Page 4 P
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Joint Regular Meeting DRAFT MINUTES November 21, 2016
RESULT: ADOPTED [7-0]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
5A. City Clerk
Waive Full Reading of Resolutions and Ordinances
Approved C°
Motion: Waive full reading of resolutions and ordinances on the agenda N
dated November 21, 2016. N
RESULT: ADOPTED [7-0]
MOVER: John Valdivia, Council Member, Ward 3 }
SECONDER: Jim Mulvihill, Council Member, Ward 7 z
AYES: Marquez, Barrios, Valdivia,Shorett, Nickel, Richard, Mulvihill
...........
5B. City Clerk
Council Minutes -- November 7, 2016 v
Approved v
Motion: Approve the minutes of the Mayor and Common Council meeting of
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November 7, 2016, as submitted.
RESULT: ADOPTED [7-0]
MOVER: John Valdivia, Council Member, Ward 3
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SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
5C. City Clerk
ORD. MC-1432 - An Ordinance of the Mayor and Common Council of the City of
San Bernardino Amending Chapter 8.90 Related to Mobile Home Rents. (FINAL >I
READING) °
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Approved
Motion: Adopt the Ordinance.
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RESULT: ADOPTED [6-0] a
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill
ABSTAIN: Valdivia
Mayor and Common Council of the City of San Bernardino Page 5 P c
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Joint Regular Meeting DRAFT MINUTES November 21, 2016
5D. City Manager
Resolution 2016-239 - Resolution of the Mayor and Common Council of the City
of San Bernardino Authorizing the City Manager to Execute a Lease Agreement
Between the City of San Bernardino and 215 North D Street LLC for the Lease of
Office Space.
Agenda Items 5D and 5E were considered together, with speakers speaking on
both items.
Public Comments:
Shirley Harlan, San Bernardino N
Brian Robin, San Bernardino
Betty Jean Long, San Bernardino
Ana Gonzalez, San Bernardino
Danny Garcia, San Bernardino
Leticia Chavez, San Bernardino
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Joseph Chastain, San Bernardino ;
Tim Prince, San Bernardino a
Robert Porter, San Bernardino
Approved
Motion: Adopt the Resolution. o
RESULT: ADOPTED [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
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5E. City Manager a�
Resolution 2016-240 - Resolution of the Mayor and Common Council of the City Qi
of San Bernardino Authorizing the City Manager to Execute a Lease Agreement
Between the City of San Bernardino and Vanir Tower Building Incorporated for
the Lease of Office Space. N�
Public Comments: >1
0
Shirley Harlan, San Bernardino Z
Brian Robin, San Bernardino
Betty Jean Long, San Bernardino s
Ana Gonzalez, San Bernardino
Danny Garcia, San Bernardino a
Leticia Chavez, San Bernardino
Joseph Chastain, San Bernardino
Tim Prince, San Bernardino
Robert Porter, San Bernardino
Approved
Motion: Adopt the Resolution.
Mayor and Common Council of the City of San Bernardino Page 6 P
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Joint Regular Meeting DRAFT MINUTES November 21, 2016
RESULT: ADOPTED [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
5F. Civil Service
Personnel Actions — Classified
Approved
Motion: Approve the classified personnel actions, as submitted by the Chief N
Examiner, in accordance with Civil Service rules and personnel N
policies adopted by the Mayor and Common Council of the City of CD
San Bernardino. E
RESULT: ADOPTED [7-0] Z
MOVER: John Valdivia, Council Member, Ward 3
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SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
5G. Community Development 0
Urgency Ordinance of the Mayor and Common Council of the City of San
Bernardino Amending San Bernardino Municipal Code Chapter 15.04 (Building 00
Codes) Adopting by Reference the 2016 California Building Code, the 2016
California Electrical Code, the 2016 California Mechanical Code, the 2016
California Plumbing Code, the 2016 California Residential Code, the 2016
California Green Building Code, the 2015 International Property Maintenance
Code, the 2015 International Existing Building Code, the 2015 International °
Residential Code Appendix H, the 1997 Uniform Housing Code, the 1997
Uniform Administrative Code, and the 1997 Uniform Code for Abatement of
Dangerous Buildings with Appendices and Local Amendments and Ordinance
of the Mayor and Common Council of the City of San Bernardino Amending San Ti
Bernardino Municipal Code Chapter 15.04 (Building Codes) Adopting by N�
Reference the 2016 California Building Code, the 2016 California Electrical o
Code, the 2016 California Mechanical Code, the 2016 California Plumbing Code, Z
the 2016 California Residential Code, the 2016 California Green Building Code,
the 2015 International Property Maintenance Code, the 2015 International
Existing Building Code, the 2015 International Residential Code Appendix H, the
1997 Uniform Housing Code, the 1997 Uniform Administrative Code, and the Q
1997 Uniform Code for Abatement of Dangerous Buildings with Appendices and
Local Amendments. (FIRST READING)
Approved
Motion: 1). Introduce an Urgency Ordinance to comply with the January
1, 2017 deadline;
2). Accept for first reading an Ordinance adopting the California
Building Code by reference; and
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Joint Regular Meeting DRAFT MINUTES November 21, 2016
3). Set a public hearing date for December 19, 2016 for
consideration of adoption of the California Building Code by
reference.
RESULT: ADOPTED [7-0]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
5H. Community Development o
Ordinance of the Mayor and Common Council of the City of San Bernardino, r
California Adopting a Categorical Exemption and Approving General Plan N
Amendment 16-02 and Development Code Amendment (Zoning Map
Amendment) 14-17 to Allow the Change of the General Plan Land Use
Designation and Zoning District from Residential Suburban (RS) to Residential z°
Medium High-20 (RMH-20) for the Development of a Fifty-One (51) Residential ;
Unit Planned Unit Development on a Site Containing Approximately 3.57 Acres
Located at 4630 North "F" Street (APN: 0265-191-17, 18 and 34) within the
Sphere of Influence of the Unincorporated Area of the City of San Bernardino.
(FIRST READING)
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Approved
Motion: Introduce Ordinance approving the General Plan Amendment and
Development Code Amendment and layover for final adoption.
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RESULT: ADOPTED [4-3]
MOVER: Fred Shorett, Council Member, Ward 4 R
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
NAYS: Marquez, Barrios, Nickel,
to
51. Finance 1
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Approval of Commercial Checks and Payroll Checks >1
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Approved
Motion: Approve the claims and payroll and authorize the issuance of
warrants as listed. U
RESULT: ADOPTED [7-0]
MOVER: John Valdivia, Council Member, Ward 3
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 8 P
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Joint Regular Meeting DRAFT MINUTES November 21, 2016
5J. Human Resources
Resolution 2016-241 - Resolution of the Mayor and Common Council of the City
of San Bernardino Approving the Re-Establishment of the Director of Information
Technology (U) Classification, Reaffirming the Job Description and Allocating
Funding for the Position in the Fiscal Year 2016-2017.
Approved
Motion: Adopt the Resolution.
RESULT: ADOPTED [7-0]
MOVER: John Valdivia, Council Member, Ward 3 N
SECONDER: Jim Mulvihill, Council Member, Ward 7
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AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
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5K. Human Resources 0
Personnel Actions — Unclassified ;
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Approved
Motion: Approve the unclassified personnel actions, as submitted by the
Interim Director of Human Resources, in accordance with City
r policies and procedures. o
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RESULT: ADOPTED [7-0] 00
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
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5L. Human Resources
Resolution 2016-242 - Resolution of the City of San Bernardino Amending
Resolution No. 6429, Entitled in Part "A Resolution . . . Establishing a Basic
Compensation Plan for Officers And/Or Employees of the Police and Fire
Departments of the City of San Bernardino." Ni
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Approved Z
Motion: Adopt the Resolution.
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RESULT: ADOPTED [7-0]
MOVER: John Valdivia, Council Member, Ward 3 a
SECONDER: Jim Mulvihill, Council Member, Ward 7
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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5.B.a
Joint Regular Meeting DRAFT MINUTES November 21, 2016
5M. Human Resources
Resolution 2016-243 - Resolution of the Mayor and Common Council of the City
of San Bernardino Updating the Salary and Job Description for the Classification
of Parks Maintenance Supervisor for the Parks, Recreation & Community
Services Department.
Approved
Motion: Adopt the Resolution.
RESULT: ADOPTED [7-0]
MOVER: John Valdivia, Council Member, Ward 3 N
SECONDER: Jim Mulvihill, Council Member, Ward 7
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AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
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5N. Information Technology c
Resolution 2016-244 - Resolution of the Mayor and Common Council of the City Z
of San Bernardino Authorizing the Execution of Service Agreements and the
Issuance of a Purchase Order to TelePacific Communications for MPLS Data
Services.
Approved o
Motion: Adopt the Resolution. U
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RESULT: ADOPTED [7-0]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
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50. Parks, Recreation & Community Services
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Resolution 2016-245 - Resolution of the Mayor and Common Council of the City
of San Bernardino Ratifying the Submission of the Application for Youth Soccer T
and Recreation Development Program Grant Funds and Authorizing the N'
Acceptance and Appropriation of the Grant Funds Upon Award. ,1
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Approved
Motion: Adopt the Resolution.
RESULT: ADOPTED [7-0] r
MOVER: John Valdivia, Council Member, Ward 3 a
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 P '"'^"^
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Joint Regular Meeting DRAFT MINUTES November 21, 2016
6. Staff Reports
6A. City Clerk
Proposed New Dates for January 2017 MCC Meetings.
Approved
Motion: Change the Council Meeting dates for the month of January, 2017,
to January 9 and January 23, 2017 at 2:00 p.m.
RESULT: ADOPTED [7-0]
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MOVER: John Valdivia, Council Member, Ward 3 N
SECONDER: Fred Shorett, Council Member, Ward 4 N
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
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6B. Council Office Z
Discuss and Take Possible Action Regarding California Consulting, LLC Grant y
Writing Services.
Approved —
Motion: Give direction to the City Manager to come back with a contract with
California Consulting, LLC that uses the firm as they are needed for 0
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specific grants.
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RESULT: ADOPTED [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill o
7. Public Comments on Items Not on the Agenda
Karmel Roe, San Bernardino, said she had been watching the Council do (0,
nothing for years and she decried the blight in the City. Ni
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Tim Sparks, San Bernardino, spoke about a FEMA program for training Z
contractors to properly brace homes for earthquake retrofitting.
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Betty Jean Long, San Bernardino, spoke about gangs in the city and discussed
how she had been robbed recently. a
Julia Vega, San Bernardino, spoke about the Carousel Mall and said that if
earthquake safety was an issue then schools and other public buildings should
be shut down too.
Danny Garcia, San Bernardino, asked the Council to provide a formal statement
on the situation regarding the protests in North Dakota.
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Joint Regular Meeting DRAFT MINUTES November 21, 2016
Robert Porter, San Bernardino, celebrated the winning vote on Measure O, a
marijuana initiative.
Shirley Harlan, San Bernardino, said the Council meeting process needed to be
improved and said she would be following how well the board follows Roberts'
Rules and Rosenberg's Rules for meetings. She also said the 011ie MacDonald
Senior Showcase was set for March.
Jim Smith, San Bernardino, urged his fellow citizens to read about the Sterling
Natural Recourses plant and advised that it was not good for the community.
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8. Items to be Referred to Council Committees
Council Member Marquez asked that the issue of sidewalk memorials be referred
to the Quality of Life committee. Council Member Nickel asked that the Council E
get an update on the rules of how they could support community events with their
council budgets. Council member Valdivia said he had cancelled LRC meetings Z
until January because of the pending move from City Hall.
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9. ANNOUNCEMENTS BY MAYOR, COUNCIL AND EXECUTIVE
STAFF
10. Adjournment
At 7:40 p.m., the meeting adjourned in memory of Jack H. Brown, Stater Bros. 0
Market Chairman and CEO. The next joint regular meeting of the Mayor and W
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,
December 5, 2016.
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By:
GEORGEANN "GIGI" Hanna, CMC
City Clerk N�
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Mayor and Common Council of the City of San Bernardino Page 12 P
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