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DOC ID: 3795 A
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Council Minutes
From: Georgeann "Gigi" Hanna M/CC Meeting Date: 04/20/2015
Prepared by: Georgeann "Gigs" Hanna,
Dept: City Clerk Ward(s): All
Subject:
Council Minutes - March 2, 2015; March 10, 2015, and March 16, 2015 (#3795)
Current Business Registration Certificate: Not Applicable
Financial Impact:
None.
Motion: Approve the Minutes of the Mayor and Common Council Meetings of March 2,
2015; March 10, 2015, and March 16, 2015.
Supporting Documents:
03-02-2015 Jt. Reg. (Draft)_LS_VM_gh (DOC)
03-10-2015 Jt. Special (Draft)_LS_VM_gh (DOC)
03-16-2015 Jt. Reg. (Draft)_VM_gh (DOC)
Updated: 4/14/2015 by Linda Sutherland A Packet Pg. 14-
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MARCH 1
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JOINT E
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�tiR...ARDlya City of San Bernardino Mayor R. Carey Davis
300 North "D" Street Council Members
_�. Virginia Marquez
o San Bernardino, CA 92418 Benito Barrios
bttp://www.sbcity.org John Valdivia
Fred Shorett
�rrNp�D IN Henry Nickel
Rikke Johnson
James L. Mulvihill o
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DRAFT MINUTES c
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JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING °
AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY o
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MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING Q
AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY
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MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING
AS THE HOUSING AUTHORITY
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MONDAY, MARCH 2, 2015 J
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, March 2, 2015, in the
Council Chamber of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call o
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Attendee Name Title Status Arrived o
Virginia Marquez Council Member, Ward 1 Present 2:00 p.m. o
Benito J. Barrios Council Member,Ward 2 Present 2:09 .m. c
John Valdivia Council Member, Ward 3 Late 5:00 P.M. E
FredjShorett Council Member,Ward 4 Present 2:00 m. 0
Henry Nickel Council Member,Ward 5 Present 2:00 p.m. Q
Rikke Johnson _ Council Member, Ward 6 Present 2:06 p.m.
James Mulvihill = Council Member, Ward 7 Present 2:00 p.m.
R. Carey Davis Mayor Present 2:00 p.m.
Georgeann"Gigs" Hanna ; City Clerk ; Present 2:00 p.m.
Allen Parker City Manager Present 2:00 p.m.
Gary D. Saenz City Attorney Present 2:00 p.m.
Mayor and Common Council of the City of San Bernardino Page 1
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Joint Regular Meeting Minutes March 2, 2015
1. Closed Session — Pursuant to Government Code Sections(s):
A. Conference with legal counsel - existing litigation-pursuant to Government Code
Section 54956.9(a) and(d)(1):
In re: Citv of San Bernardino - U.S. Bankruptcy Court, Case No. 6:12-bk-
28006 MJ;
Michella Roan v City of San Bernardino, Jose Jesus Perez - San Bernardino
Superior Court, Case No. CIVDS 1413046. N
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B. Conference with legal counsel - anticipated litigation - significant exposure to
litigation-pursuant to Government Code Section 54956.9(d)(2).
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C. Conference with legal counsel - anticipated litigation - initiation of litigation -
pursuant to Government Code Section 54956.9(d)(4):
City v Forscont o
D. Closed Session-personnel -pursuant to Government Code Section 54957. o
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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 rn
public facilities-pursuant to Government Code Section 54957. M
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F. Conference with labor negotiator - pursuant to Government Code Section �
54957.6.
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G. Conference with real property negotiator - pursuant to Government Code Section ^i
54956.8.
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Closed Session Public Comment: 6)
David Reynolds, US Foreclosure Pro, Rancho Cucamonga, distributed a document
addressed to Deputy City Attorney Jason M. Ewert, Mayor Carey Davis, and City
Council Members, dated March 2, 2015, titled, "RE: Lifting Administrative Civil Penalty
Lien to Allow Sale of House," on property located at 475 W. 491h Street, San Bernardino.
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Reading of Resolutions and Ordinances Cl)
Deputy City Clerk Sutherland read into the record the titles of all the resolutions and
ordinances on the agenda.
Moment of Silence
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Mayor Davis requested a moment of silence in memory of former City of San Bernardino Q
employee Lorraine Velarde O'campo.
Invocation/Pledge of Allegiance
The invocation was given by Pastor David Medina from The Branch Church. The Pledge
of Allegiance was led by Kaitlin Rodriguez, a sixth grade student from Bonnie Oehl
Elementary School.
Mayor and Common Council of the City of San Bernardino Page 2 =
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Joint Regular Meeting Minutes March 2, 2015
2. Closed Session Report
City Attorney Saenz reported the following actions taken during closed session:
In the matter of Michella Roan v. City of San Bernardino, the Council gave strategic
direction to the City Attorney by vote of 6-0;
In the matter of City v. Forscom, the Council gave settlement direction by vote of 6-0.
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3. Appointments N
There were no commission appointments. 2
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4. Presentations
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4A. Chapter Updates on The Great Race -- Chapter 2 -- Parks, Recreation &
Community Services Director Mickey Valdivia
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4B. A Representative from Assemblymember Marc Steinorth's office presented a
Certificate of Recognition to the San Bernardino City Council for Organizing the a
Community Engagement Plan Roadshow a
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4C. Bankruptcy/Strategic Planning Update--Management Partners—No Report
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4D. Chamber of Commerce Announcements
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5. Consent Calendar >1
5A. City Clerk
Waive Full Reading of Resolutions and Ordinances o
Motion: Waive full reading of resolutions and ordinances on the agenda dated
March 2, 2015. }
RESULT: ADOPTED [UNANIMOUS] 0:20:391 N
MOVER: Fred Shorett, Council Member, Ward 4 0
SECONDER: James Mulvihill, Council Member, Ward 7 0
AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill
ABSENT: John Valdivia E
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5B. City Attorney Q
RES. 2015-45 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Mayor to Execute a Professional Services Agreement with
Cota Cole LLP for Legal Services.
Public Comments:
Jay Lindberg, San Bernardino
' Approximate time of motion and second according to meeting video posted to City website.
Mayor and Common Council of the City of San Bernardino Page 3
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Joint Regular Meeting Minutes March 2, 2015
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 0:25:22
MOVER: Fred Shorett, Council Member, Ward 4 I
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill
ABSENT: John Valdivia r
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5C. City Manager
RES. 2015-46 — Resolution of the Mayor and Common Council of the City of San
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Bernardino Authorizing the Execution of a Second Amendment to the Vendor Services 2
Agreement Between Municipal Housing Solutions and the City of San Bernardino.
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Motion: Adopt the Resolution.
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RESULT: ADOPTED [UNANIMOUS] 0:20:39
MOVER: Fred Shorett, Council Member, Ward 4 Q
SECONDER: James Mulvihill, Council Member, Ward 7 Q
AYES: Marquez, Barrios, Shorett,Nickel,Johnson, Mulvihill rn
ABSENT: John Valdivia
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5D. Civil Service
Personnel Actions - Classified >1
Motion: Approve the classified personnel actions (Revised 3/2/15), as submitted
by the Chief Examiner, in accordance with Civil Service rules and 2
Personnel policies adopted by the Mayor and Common Council of the City
of San Bernardino. >�
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RESULT: ADOPTED [UNANIMOUS] 0:33:47
MOVER: Fred Shorett, Council Member, Ward 4 c
SECONDER: Rikke Johnson, Council Member, Ward 6 N
AYES: Marquez, Barrios, Shorett,Nickel,Johnson, Mulvihill M
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ABSENT: John Valdivia
5E. Community Development
ORD. MC-1412 — Ordinance of the City of San Bernardino Approving Zoning Map Q
Amendment 14-16 to Change the Zoning District from Residential Medium High (RMH)
and Office Industrial Park (OIP) to Industrial Light (IL) on 19.65 Acres to Construct a
427,000-Square Foot_Warehouse Facility on the East Side of Waterman Avenue, 1,000
Feet North of Mill Street. (FINAL READING)
Council Member Johnson stated he would abstain on this matter because the subject
property is near his place of employment.
Mayor and Common Council of the City of San Bernardino Page 4
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Joint Regular Meeting Minutes March 2, 2015
Motion: Adopt the Ordinance.
RESULT: ADOPTED [5 TO 01 0:20:39
MOVER: Fred Shorett, Council Member, Ward 4
SEC0NDE.IR Jaynes Mulvihill, Council Member,Ward 7
AYES: Marquez, Barrios, Shorett,Nickel, Mulvihill
ABSTAIN: Rikke Johnson
ABSENT: John Valdivia o
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5F. Finance
Approval of Checks Warrants and Payroll Checks
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Motion: Approve the claims and payroll and authorize the issuance of warrants as Y
listed. �
RESULT: ADOPTED [UNANIMOUS] 0:20:39 0
MOVER: Fred Shorett, Council Member, Ward 4 0
SECONDER: James Mulvihill, Council Member, Ward 7 a
AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill Q
ABSENT: John Valdivia rn
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5G. Human Resources a]
Personnel Actions - Unclassified
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Motion: Approve the unclassified personnel actions, as submitted by the Human U)i
Resources Division Manager, in accordance with City policies and
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procedures. o
RESULT: ADOPTED [UNANIMOUS] 0:35:24
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7 r
AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill N
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ABSENT: John Valdivia
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511. Parks. Recreation & Community Services
RES. 2015-47 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing an Increase to Purchase Order No. 2015-0000-1258 by $26,000 w
to Service Scape for Landscape Maintenance Services to San Bernardino Soccer Q
Complex for the Remainder of FY 14/15.
Motion: Adopt the Resolution.
Mayor and Common Council of the City of San Bernardino Page 5
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Joint Regular Meeting Minutes March 2, 2015
RESULT: ADOPTED [UNANIMOUS] 0:20:39
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER- James Mulvihill, Council. Member, Ward 7
AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill
ABSENT: John Valdivia
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5I. Police
I RES. 2015-48 — Resolution of the Mayor and Common Council of the City of San R
Bernardino Authorizing the Execution of an Agreement with Bode Technology Group,
Inc., for DNA Analysis and Database Storage, and the Issuance of a Purchase Order to 12
IBode Technology in the Amount of$150,000.00. r
Motion: Adopt the Resolution.
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RESULT. ADOPTED [UNANIMOUS] 0:37:46
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1 MOVER: Fred Shorett, Council Member, Ward 4 a
SECONDER: Virginia Marquez, Council Member, Ward 1 a
AYES: Marquez,Barrios, Shorett,Nickel, Johnson, Mulvihill a
I ! ABSENT: John Valdivia M
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5J. Public Works
RES. 2015-49 — Resolution of the Mayor and Common Council of the City of San Ni
Bernardino Authorizing the Execution of Amendment No. One to the Master Agreement
with the City of Highland to Share the Maintenance and Operation Cost for Traffic
Signals and Highway Lighting Facilities at Intersections Where at Least One Leg of the o
Intersection is in One Space or the Other's Jurisdiction.
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Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 0:20:39 N
MOVER: Fred Shorett, Council Member, Ward 4 0
SECONDER: James Mulvihill, Council Member, Ward 7 0
AYES: Marquez, Barrios, Shorett, Nickel, Johnson, Mulvihill
ABSENT: John Valdivia E
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5K. Public Works a
RES. 2015-50 — Resolution of the Mayor and Common Council of the City of San
Bernardino Amending Resolution No. 655 Entitled, in Part, "A Resolution...Designating
Certain Streets or Portions Thereof as through Highways and Establishing a One-Way
Stop at the Intersection of Fremontia Drive and Valencia Avenue."
Motion: Adopt the Resolution.
Mayor and Common Council of the City of San Bernardino Page 6
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Joint Regular Meeting Minutes March 2, 2015
RESULT: ADOPTED [UNANIMOUS] 0.20.3
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Shorett,Nickel,Johnson, Mulvihill
ABSENT: John Valdivia
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6. Staff Reports N
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6A. City Manager
Discuss and Take Possible Action on Fireworks (Continued from January 20, 2015) o
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Chris Lopez, City Manager's office, submitted into the record and distributed to the
Mayor and Council a PowerPoint presentation entitled, "Fireworks: Item 6A - Continued
from January 20, 2015 MCC Meeting." o
Thirty-three signed letters were submitted into the record by members of the Del Rosa o
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United Methodist Church in support of the continued sale of fireworks by non-profit
groups in the City of San Bernardino.
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Public Comments: c'i
Jon C. Hall, St. Paul AME Church, San Bernardino
Bill Lemann, San Bernardino
Scott Olson, San Bernardino >
June McKenzie, Del Rosa United Methodist Church, San Bernardino (n
Deb McKenzie, Del Rosa United Methodist Church, San Bernardino w�
Jay Lindberg, San Bernardino L
Jim Smith, Highland, member of the Native Sons of the Golden West
Richard Elwell, San Bernardino
Cassie Levy, San Bernardino
Bob Fredericks, Member of the Tachikawa San Bernardino Sister City Committee, San
Bernardino c
Garry Devlin, Rialto, member of the Native Sons of the Golden West N
Barbara Babcock, San Bernardino
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Robert Porter, San Bernardino °
Page Miller (Not present; however, her e-mailed statement was read into the record by
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City Clerk Hanna) E
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Council Member Mulvihill made a motion to completely ban fireworks in the City of San q
Bernardino.
Chief Assistant City Attorney Grider stated that if the Council wanted to ban fireworks,
the motion should be to direct the City Attorney's office to draft an ordinance banning
fireworks and bring it to the next meeting.
Motion: Direct the City Attorney's office to draft an ordinance banning fireworks
in the City of San Bernardino and bring it back to Council on March 16,
Mayor and Common Council of the City of San Bernardino Page 7
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Joint Regular Meeting 2015. Minutes March 2, 2015
RESULT: FAILED [3 TO 4] 2:13:05
MOVER: James Mulvihill, Council Member, Ward 7
SECONDER: Virginia Marquez, Council Member,Ward 1
AYES: Virginia Marquez, Rikke Johnson, James Mulvihill
NI AYS: Benito J. Barrios,John Valdivia, Fred Shorett, Henry Nickel
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7. Public Comments on Items Not on the Agenda
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Jay Lindberg, San Bernardino, spoke about the benefits of selling medical marijuana in
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the City of San Bernardino. 0
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Robert Porter, San Bernardino, thanked Barbara Babcock and Mayor Davis for calling
in to his radio show called, "I Love San Bernardino," on KCAA 1050 AM, from 4 to 5
p.m. every Sunday. o
Shirley Harlan, San Bernardino, announced that the 271h Annual 011ie McDonald Senior Q
Talent Showcase would be held at the Sturges Center for the Fine Arts on April 18 and C
19, 2015, at 1:30 p.m. LO
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Scott Olson, San Bernardino, shared his ideas for development on Fifth Street, across
from In-N-Out Burger, and 40th Street and Waterman.
E. Negrete, San Bernardino, stated that she has been attending the Community >i
Roadshows the School District is advertising to help engage the residents of San
Bernardino; however, she has not seen any information on the City's website. She stated
that the School District has a link for residents to provide input on the San Bernardino 0
Resident Survey; however, she would like to know that this input is coming from San
Bernardino residents, not residents of neighboring cities. She suggested that the City
make its website more user friendly and that it reach out to residents through the use of
water bills. LO
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Richard Gomez, San Bernardino, stated that it costs $7,689.11 for a planning permit to N
open a business in the City of San Bernardino, which needs to be corrected. He said that c
the Metrolink bus system, which was supposed to improve the economy of the City, has,
in fact, killed it.
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Al Palazzo, Rialto, spoke about his radio show on KCAA 1050 AM on Tuesdays at 4 r
p.m., where he shares his ideas on how to enhance the quality of life, bring economic Q
development, and make San Bernardino a destination city.
William Cioci, San Bernardino, recommended a City-backed grow of marijuana, with a
set number of regulated access points, which could then be distributed by the non-profit
organizations that rely on the money they make selling fireworks.
Mayor and Common Council of the City of San Bernardino Page 8
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Joint Regular Meeting Minutes March 2, 2015
Barbara Babcock, San Bernardino, stated that the Community Roadshows were
fabulous. She said she attended all five of them because each night she met new citizens
who love the City of San Bernardino.
PJ Seleska, San Bernardino, stated that fireworks is a political issue that the Council is
trying to scuttle just as they are trying to scuttle other economic stimulus proposals that
have been brought forward. She said that an economic stimulus committee, made up of
residents of the City, should be organized to look outside the box and come up with
different ideas on how to bring revenue to the City.
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8. Items to be Referred to Council Committees
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Council Member Mulvihill requested that the panhandling issue be referred to the
Legislative Review Committee. o
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Council Member Valdivia requested that the noise ordinance be referred to the
Legislative Review Committee.
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9. Announcements — Elected Officials and City Manager
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10. Adjournment a
The meeting adjourned at 7:18 p.m. The next joint regular meeting of the Mayor and rn
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, March 16, 2015.
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GEORGEANN "GIGI" HANNA C'
City Clerk
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By Na,
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Linda Sutherland
Deputy City Clerk n
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Mayor and Common Council of the City of San Bernardino Page 9 ^^^^
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- � MARCH I
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MINUTE ,�
JOINT SPECIAL
MEETING
( DRAFT)
NA Uth, Care R.or
o� City of San Bernardino Mayor y Davis
300 North "D" Street Council Members
o San Bernardino CA 92418 Virginia Marquez
Benito Barrios
http://www.sbcity.org John Valdivia
gyp` Fred Shorett
rn tK t$ Henry Nickel
Rikke Johnson
James L. Mulvhill N
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DRAFT MINUTES 0
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JOINT SPECIAL MEETING OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
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MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING w
AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY o
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MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING a
AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY rn
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MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING i
AS THE HOUSING AUTHORITY
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TUESDAY, MARCH 10, 2015
MIC ROOM
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The Joint Special Meeting of the Mayor and Common Council of the City of San Bernardino was
called to order by Mayor R. Carey Davis at 5:00 p.m., Tuesday, March 10, 2015, in the Q
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Management Information Conference (MIC) Room, Sixth Floor of City Hall, San Bernardino,
California.
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Roll Call N
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Attendee Name Title Status Arrived M
Virginia Marquez Council Member,Ward l Present -1-T-00
Benito J. Barrios i Council Member, Ward 2 Present 5:OO p.m.
John Valdivia Council Member,Ward 3 Absent -----------
Fred Shorett Council Member, Ward 4 Present 5:00 p.m.
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Henry Nickel 1 Council Member, Ward 5 Present 5:00 2.m. a
Rikke Johnson Council Member, Ward 6 Present 5:00 p.m.
James Mulvihill Council Member,Ward 7 Present ; 5:00 p.m.
R. Carey Davis Mayor Present 5:00 p.m.
I Georgeann "Gigi"Hanna City Clerk Present 5.00 P.M.
Allen Parker I City Manager Present = 5.00 p.m.
Gary D. Saenz City Attorney Present 5:00 p.m.
Mayor and Common Council of the City of San Bernardino Page 1 �—
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Jt. Special Meeting Minutes March 10, 2015
0 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.
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B. Conference with legal counsel - anticipated litigation - significant exposure to N
litigation-pursuant to Government Code Section 54956.9(d)(2).
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C. Conference with legal counsel - anticipated litigation - initiation of litigation -
pursuant to Government Code Section 54956.9(d)(4). 4°
D. Closed Session-personnel -pursuant to Government Code Section 54957.
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E. Closed session with Chief of Police on matters posing a threat to the security of 4-
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public buildings or threat to the public's right of access to public services or
public facilities -pursuant to Government Code Section 54957. o
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F. Conference with labor negotiator - pursuant to Government Code Section a
54957.6. a
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G. Conference with real property negotiator - pursuant to Government Code Section
54956.8. 2I
No announcements were made following closed session. No public comments were received. >I N
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2. Adjournment L
The meeting adjourned at 6:00 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, March 16, 2015. C.
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GEORGEANN "GIGI" HANNA N
City Clerk °
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By
Linda Sutherland
Deputy City Clerk
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Mayor and Common Council of the City of San Bernardino Page 2
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MARCH 16 , 2015
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JOINT REGULAR
MEETING
( DRAFT )
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City of San Bernardino Mayor R. Carey Davis
300 North "D" Street Council Members
e r,� Virginia Marquez
o San Bernardino CA 92418
>- x Benito Barrios
http://www.sbcity.org John Valdivia
Fred Shorett
D 1rt Henry Nickel
Rikke Johnson
Jim Mulvihill n
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DRAFT MINUTES
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JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL n
OF THE CITY OF SAN BERNARDINO
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING 4-
AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING e
AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY Q
AND
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MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING
AS THE HOUSING AUTHORITY
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MONDAY, MARCH 16,2015 >i
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 2:00 p.m., Monday, March 16, 2015, in the
Council Chamber of City Hall, 300 North "D" Street, San Bernardino, California.
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Roll Call
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Attendee Name Title Status Arrived o
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Virginia Marquez Council Member,Ward 1 6 Present 2:00 P.M.
Benito J. Barrios Council Member, Ward 2 Present 2:00 m.
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John Valdivia Council Member,Ward 3 Present 2:00 P.M.
Fred Shorett Council Member,Ward 4 Present 2:00 p.m. Q
Henry Nickel jCouncil Member, Ward 5 Present 2:00 p.m.
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Rikke Johnson } Council Member, Ward 6 Present 2:00 p.m.
James Mulvihill ; Council Member,Ward 7 Present 2:00 m.
R. Carey Davis Mayor Present 2:00 p.m.
Georgeann "Gigi" Hanna City Clerk Present 2:00 p.m.
Allen Parker City Manager Present 2:00 P.M.
Gary D. Saenz City Attorney Present 1 2:00 p.m.
Mayor and Common Council of the City of San Bernardino Page 1 ^
Packet Pg.26
Joint Regular Meeting Minutes March 16, 2015
1. Closed Session—Pursuant to Government Code Sections(s):
A. Conference with legal counsel - existing litigation-pursuant to Government Code
Section 54956.9(a) and (d)(1):
In re: City of San Bernardino - U.S. Bankruptcy Court, Case No. 6:12-bk-
28006 MJ.
B. Conference with legal counsel - anticipated litigation - significant exposure to c
litigation-pursuant to Government Code Section 54956.9(d)(2). s
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C. Conference with legal counsel - anticipated litigation - initiation of litigation -
pursuant to Government Code Section 54956.9(d)(4). o
D. Closed Session -personnel -pursuant to Government Code Section 54957.
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. o
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F. Conference with labor negotiator - pursuant to Government Code Section a
54957.6. LO
G. Conference with real property negotiator - pursuant to Government Code Section
54956.8.
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Reading of Resolutions and Ordinances o
Deputy City Clerk Montoya read into the record the titles of all the resolutions and ordinances on o
the agenda. 6
Moment of Silence
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Mayor Davis requested a moment of silence in memory of Sostenes Zamundio, a lifelong
resident of the First Ward. C°
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Invocation/Pledge of Allegiance o
The invocation was given by Dr. Sandra Tice of First Presbyterian Church and Ronaldo Fregoso,
a junior from San Bernardino High School. The Pledge of Allegiance was led by Council E
Member Marquez.
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2. Closed Session Report
There was no closed session report.
3. Appointments
There were no commission appointments.
Mayor and Common Council of the City of San Bernardino Page 2
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Joint Regular Meeting Minutes March 16, 2015
4. Presentations
4A. 8th Unveiling of the Hometown Heroes Military Banners -- Council Members
Johnson, Mulvihill and Nickel
4B. Citizen of the Month --Cesar Gonzalez-- Council Member Marquez
4C. Student of the Month -- Guadalupe "Lupe" Mondragon, Indian Springs High
School--Council Member Marquez N
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4D. Chapter Updates on The Great Race -- Chapter 3 -- Parks, Recreation &
Community Services Director Mickey Valdivia ,o
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4E. The Easley Ride/Inland Empire Biking Alliance --Mark Friis c
4F. Bankruptcy/Strategic Planning Update -- Management Partners — Gary Saenz, City
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Attorney, announced that there would be a hearing on March 17, 2015 at 1:30 p.m. in o
Judge Jury's courtroom in the Riverside Bankruptcy Court. The hearing is regarding the a
City's Motion for Rejection of the POA's Memorandum of Understanding and Status Q
Conference with regards to the POA's Motion for Relief from Stay. LO
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4G. Chamber of Commerce & Local Elected Officials Announcements
Enrique Armenta, Constituent Service Representation for Congressman Pete Aguilar,
announced the opening of their San Bernardino satellite office at 201 North `B" Street, >1
Suite 301, San Bernardino, California. The office will be open the fourth Monday of
each month beginning on March 23, 2015 from 2:00 p.m. to 6:00 p.m. o
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 N
March 16, 2015. to
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RESULT: ADOPTED [UNANIMOUS] 01:10:421 0
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel,Johnson, Mulvihill
5B. City Clerk
Council Minutes - February 2, 2015; February 9, 2015; February 17, 2015; and February
23, 2015
Motion: Approve the Minutes of the Mayor and Common Council Meetings of
February 2, 2015; February 9, 2015; February 17, 2015; and February 23,
Approximate time of motion and second, according to meeting video posted on City website.
Mayor and Common Council of the City of San Bernardino Page 3
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Joint Regular Meeting Minutes March 16, 2015
2015.
RESULT: ADOPTED [UNANIMOUS] 01:10:42
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MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson,Mulvihill
5C. City Clerk N
Council Minutes - October 13, 2014
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Motion: Approve the Minutes of the Mayor and Common Council Meeting of
October 13,2014. o
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RESULT: ADOPTED [UNANIMOUS] 01:10.42
j MOVER: John Valdivia, Council Member, Ward 3 I g
SECONDER: James Mulvihill, Council Member, Ward 7 0
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel,Johnson,Mulvihill o
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5D. City Clerk a
RES. 2015-51 - Resolution of the Mayor and Common Council of the City of San 0
Bernardino Awarding a Cultural Development Grant in the Amount of $3,664.00 to
Thomas McGovern for the Faces and Stories of Downtown Project and Authorizing the
Execution of a Grant Recipient Agreement.
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Dr. Dorothy Garcia, Chairperson for the Fine Arts Commission, presented background
information regarding the proposed "Faces and Stories of Downtown" Project. Ms. o
Garcia introduced Dr. Juan Delgado, Published Poet and Professor of Creative Writing at
California State University, San Bernardino, who gave a brief presentation and
explanation of the project.
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Motion: Adopt the Resolution. Co
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RESULT: ADOPTED [UNANIMOUS] 01:10:42
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill w
5E. City Manager
RES. 2015-52 - Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of a Home Investment Partnership Loan
Agreement Between the City of San Bernardino and Val 9 Housing Partners, L.P. for the
Development of the Valencia and 9th Project.
Mayor and Common Council of the City of San Bernardino Page 4
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Joint Regular Meeting Minutes March 16, 2015
Public Comments:
Betty Jean Long, San Bernardino
Jay Lindberg, San Bernardino
Council Member Shorett stated that he would abstain on this matter since he was on the
Board of Directors for the Housing Partners.
Motion: Adopt the Resolution.
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RESULT: ADOPTED [6 TO 01 01:10:42
MOVER: John Valdivia, Council Member, Ward 3 ,0
SECONDER: James Mulvihill, Council Member, Ward 7 a
AYES: Marquez, Barrios, Valdivia,Nickel, Johnson, Mulvihill c
ABSTAIN: Fred Shorett
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5F. Civil Service °
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Personnel Actions - Classified Q
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Motion: Approve the classified personnel actions, as submitted by the Chief M
Examiner, in accordance with Civil Service rules and Personnel policies s
adopted by the Mayor and Common Council of the City of San
Bernardino.
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RESULT: ADOPTED [UNANIMOUS] 01:10:42
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MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
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5G. Finance N m
Approval of Checks Warrants and Payroll Checks M
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Motion: Approve the claims and payroll and authorize the issuance of warrants as E
listed.
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RESULT: ADOPTED [UNANIMOUS] 01:10:42
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
511. Information Technology
RES. 2015-53 - Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of an Agreement and the Issuance of a Purchase
Mayor and Common Council of the City of San Bernardino Page 5
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Joint Regular Meeting Minutes March 16, 2015
Order in the Amount of $89,000 to Telepacific Communications for Primary Rate
Interface Phone Connections.
Motion: Adopt the Resolution.
RESULT: ADOPILD [UxT'. IMOUSl Vi:lv:42
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member,Ward 7 '
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
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5I. Parks,Recreation & Community Services 2-
RES. 2015-54 - Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing a Transfer of Funds in the Amount of $12,000 and to Issue a o
Purchase Order in the Amount of $95,181 to Inland Bobcat, Inc. for the Purchase of a
Compact Multi Terrain Track Loader.
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Motion: Adopt the Resolution. °
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RESULT: ADOPTED [UNANIMOUS] 01:10:42 j Q
MOVER: John Valdivia, Council Member, Ward 3 ¢
SECONDER: James Mulvihill, Council Member, Ward 7 LO
AYES: Marquez,Barrios,Valdivia, Shorett,Nickel, Johnson,Mulvihill
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5J. Police
RES. 2015-55 - Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of a Memorandum of Understanding Between the 2
Rialto Unified School District and the City of San Bernardino for a School Resource °
Officer at Rialto High School.
Public Comments:
Betty Jean Long, San Bernardino c
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Motion: Adopt the Resolution. c
RESULT: ADOPTED [UNANIMOUS] 01:15:04
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MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7 w
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
5K. Public Works
RES. 2015-56 - 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 Between McCray Enterprises and the City of San Bernardino and Authorizing
the Increase to Annual Purchase Order to $155,200.
Mayor and Common Council of the City of San Bernardino Page 6
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Joint Regular Meeting Minutes March 16, 2015
Public Comments:
Betty Jean Long, San Bernardino
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 01:10:42
MOVER: John Valdivia, Council Member, Ward 3 0
SECONDER: James Mulvihill, Council Member, Ward 7
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AYES: Marquez, Barrios,Valdivia, Shorett,Nickel,Johnson,Mulvihill a
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5L. Successor Agency
RES. 2015-57 - 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 o
Connection with a Refinancing of the Senior Mortgage Relating to Real Property Located
at 5494 Sepulveda Avenue, San Bernardino, California.
Public Comments:
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Betty Jean Long, San Bernardino
Motion: Adopt the Resolution.
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RESULT: ADOPTED [UNANIMOUS] 01:10:42 >�
MOVER: John Valdivia, Council Member, Ward 3
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SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson,Mulvihill
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6. Public Hearings N
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6A. City Clerk o
RES. 2015-58 - Resolution of the Mayor and Common Council of the City of San
Bernardino Imposing Liens on Certain Parcels of Real Property Located Within the City E
of San Bernardino for Uncollected Business Registration Fees.
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Mayor Davis opened the hearing.
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.
Mayor and Common Council of the City of San Bernardino Page 7
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RESULT: ADOPTED [UNANIMOUS] 0:55:28
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
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AYES: Marquez, Barrios, Va 'via, orc-LL,Nickel, ✓ lin -Mcalvillill
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Motion: To Reconsider the matter.
RESULT: ADOPTED [UNANIMOUS] 02:50:48
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 0
Pursuant to Resolution No. 2000-279, City Clerk Hanna administered an oath to those
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individuals wishing to speak on the matter that they would provide true and honest 0
testimony.
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Public Comments: CL
The following individuals spoke in opposition of this item: ti
Aristeo Nolasco, San Bernardino
Don Newton, San Bernardino
Ghassan Abdullah, San Bernardino >i
Angelica Sarmiento, San Bernardino
Approved
Motion: Close the hearing; direct the City Clerk to administratively remove any
properties from Exhibit "A" which have been paid prior to the hearing;
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and adopt the Resolution; exempting Item Nos. 183, 245, 457 & 643
from Exhibit"A" until the City Clerk can follow up and investigate.
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RESULT: ADOPTED [UNANIMOUS] 03:03:44
MOVER: John Valdivia, Council Member, Ward 3
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SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
6B. City Manager
RES. 2015-59 - Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of a Joint Exercise of Powers Agreement Relating
to the California Municipal Finance Authority and Approving the Issuance of the
California Municipal Finance Authority Refunding Revenue Bonds (Inland Regional
Center Project), Series 2015, in an Aggregate Principal Amount Not to Exceed
$80,000,000 for the Purpose of Refinancing the Acquisition of Property and the
Mayor and Common Council of the City of San Bernardino Page 8 P-;--i
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Construction, Improvement, and Equipping of an Office Facility and Certain Other
Matters Thereto.
Mayor Davis opened the hearing.
Brandon Mims, Project Manager/Assistant of the City Manager, provided information
regarding the re-financing of the Inland Regional Center Project bond.
Ben Barker of the California Municipal Finance Authority, presented an explanation of
the public hearing under TEFRA in connection with the proposed issuance of revenue
bonds in one or more series by the CMFA. He also spoke about the City becoming a N
member of the CMFA to approve the financing of the project by the CMFA.
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Motion: Close the hearing; and adopt the Resolution. ,o
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RESULT: ADOPTED [UNANIMOUS] 01:04:44
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: John Valdivia, Council Member, Ward 3 c
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson,Mulvihill o
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7. Staff Reports
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7A. City Attorney a�
Ordinance of the Mayor and Common Council of the City of San Bernardino Amending
Sections 3.04.070, 3.04.080, 3.04.085, and 3.04.115 of the San Bernardino Municipal i
Code Relating to Purchases. (FIRST READING) L
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Gary Saenz, City Attorney, explained that the Ordinance pertained to the purchasing and
contracting ability of the City Manager. He stated that it was appropriate to amend our
Municipal Code so that the City could account for the inflationary reduction of the
purchasing power of those dollars which would make our City more efficient and reduce o
staff time. Mr. Saenz stated that pursuant to the bankruptcy it would be appropriate that N
this Ordinance be approved.
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Nita McKay, Deputy City Manager, stated that she felt that the change in the ordinance
would allow the City Manager a little more discretion and allow things to get done in a =
more efficient manner. She said that the City would continue with the policy of the bid U
process for determining that a reasonable price is paid for goods and services. Q
Motion: Lay over Ordinance for final adoption.
Mayor and Common Council of the City of San Bernardino Page 9
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RESULT: FIRST READING [6 TO 11 01:39:48
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MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill
NAYS: John Valdivia
713. City Manager c
Resolution of the Mayor and Common Council of the City of San Bernardino s
Authorizing the Execution of a Professional Services Agreement with Tripepi Smith &
Associates for Management of the City's Communications Needs.
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Allen Parker, City Manager, gave background information regarding the Requests for w
Qualifications for a Public Information Officer and his recommendation of the proposal
from Tripepi Smith & Associates. He also stated that Management Partners had n
indicated the importance of a Public Information firm to deal with the bankruptcy. o
Ryder Smith, Founder & President of Tripepi Smith & Associates answered Council °
Q.
Members' questions and explained some of their tasks. a
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Public Comments:
Shirley Harlan, San Bernardino
Al Palazzo, Rialto
Tim Prince, San Bernardino g
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Eddie Tejeda, San Bernardino >1
Motion: Adopt the Resolution. o
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RESULT: FAILED [3 TO 41 02:20:34
MOVER: Fred Shorett, Council Member, Ward 4 Ln
SECONDER: James Mulvihill, Council Member, Ward 7 N
AYES: Fred Shorett, Rikke Johnson, James Mulvihill
NAYS: Virginia Marquez, Benito J. Barrios, John Valdivia, Henry Nickel °
7C. Council Office =
2015 WELL Conference Update w
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Consensus: Receive and file.
7D. Council Office
Election of Mayor Pro Tempore
Motion: Elect Council Member Rikke Van Johnson to serve as Mayor Pro
Tempore until March 21, 2016.
Mayor and Common Council of the City of San Bernardino Page 10
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RESULT: ADOPTED [UNANIMOUS] 03:04:41
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member,Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
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7E. Finance o
RES. 2015-60 - Resolution of the Mayor and Common Council of the City of San N
Bernardino Authorizing the Execution of Amendment No. 2 to the Agreement for
Auditing Services Between the City of San Bernardino and Macias, Gini & O Connell
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L.L.P. (MGO). ,0
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Nita McKay, Deputy City Manager, gave background information regarding the audit c
contract with Macias, Gini & O'Connell, LLP.
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Jim Godsey, Partner with Macias, Gini & O'Connell, L.L.P., gave an overview of the >
independent audit of the City's financial records and explained that additional work was Q
needed in order to complete the audits. Q
Public Comments: ti
Kathy Mallon, San Bernardino
Tim Prince, San Bernardino a�
Shirley Harlan, San Bernardino
Robert Porter, San Bernardino 1
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Motion: Adopt the Resolution.
RESULT: ADOPTED [6 TO 11 03:50:33
MOVER: James Mulvihill, Council Member,Ward 7 n
SECONDER: Rikke Johnson, Council Member, Ward 6 �°,
AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill to
NAYS: John Valdivia o
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8. Public Comments on Items Not on the Agenda y
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Shirley Harlan, San Bernardino, commented on Agenda Item No. 7B. She said that she
is confident that Mr. Parker would be able to operate with a company that operates with
their iphones. Ms. Harlan believed that Tripepi Smith & Associates was the type of
company that would give the City a push in order to be successful. She hoped that this
item could be brought up again for a new vote because the City needs the publicity.
Kathy Mallon, San Bernardino, stated that the number one fob of the Mayor and
Common Council was to provide safety to the residents of this City, provide services to
Mayor and Common Council of the City of San Bernardino Page 11
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sustain the quality of life, respond effectively to citizen concerns, and to protect our
financial assets. She said that everyone seated at the dais, as well as staff, was well aware
when they were elected or hired, of the mess that our City was in.
Robert Porter, San Bernardino, told a story about a firefighter he spoke to that said he
was inundated with.:vorkmg ^,vert:me and had no t'me t:; see his loved ones. Mr. Porter
believed that situation was wrong and that the City needed to remedy that. Mr. Porter
also spoke to an employee at Starbucks who indicated that she recently moved to San
Bernardino so she could work here and her boyfriend could go to California State
University, San Bernardino. He suggested that the Mayor and City Council find those c
things that people like in order to get them here by promoting safety.
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Frank Pierce, San Bernardino, told the Mayor and City Council that they were doing a
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good job. He indicated that it was Presidential Inauguration month and gave a report and °
trivia on the Presidents.
Eddie Tejeda, San Bernardino, commented on Agenda Item No. 7B and stated that he o
believed that it is time to begin a new chapter and make lemonades out of the lemons. As 0
he previously mentioned, he was wholeheartedly ready to help in any way that he could 0-
as a member of this beautiful City. Q
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Al Palazzo, Rialto, stated that he made a promise to himself a year ago that he would get o
four people from the dais to take his tour, but he failed. He stated that the Mayor needed
an advisor, like him and he would give the Mayor free lessons on how to move this City
forward by generating money and redeveloping the City.
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Barbara Babcock, San Bernardino, gave a thank you and shout out to the great people at o
The Green Shack. She stated that they did a lot for this community. They provided free o
sandwiches for about forty-five people for the police academy. Ms. Babcock asked that
the community vote on the website http://peoplesmomentumaward.org/vote.php to help
raise money for the Time for Change Foundation.
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9. Items to be Referred to Council Committees
There were none. C;
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10. Adjournment E
The meeting adjourned at 9:59 p.m. The next joint regular meeting of the Mayor and
Common Council and the Mayor and Common Council Acting as the Successor Agency Q
to the Redevelopment Agency is scheduled for 2:00 p.m., Monday, April 6, 2015.
GEORGEANN "GIGI" HANNA
City Clerk
By
Mayor and Common Council of the City of San Bernardino Page 12
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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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