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DOC ID: 4125
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
k' Council Minutes
From: Georgeann "Gigi" Hanna M/CC Meeting Date: 12/07/2015
Prepared by: Georgeann "Gigi" Hanna,
Dept: City Clerk Ward(s): All
Subject:
Council Minutes - September 8, 2015; and September 21, 2015 (#4125)
Current Business Registration Certificate: Not Applicable
Financial Impact:
None.
Motion: Approve the Minutes of the Mayor and Common Council Meetings of
September 8, 2015; and September 21, 2015.
Synopsis of Previous Council Action:
None.
Background:
None.
Supporting Documents:
09-08-2015 Jt. Reg. (Draft)_LS_VM_gh (DOC)
09-21-2015 Jt. Reg. (Draft)_VM_LS_gh (DOC)
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Updated: 12/1/2015 by Georgeann "Gigi" Hanna Packet Pg. 34
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��tigNAR°'�'q City of San Bernardino Mayor R. Carey Davis
300 North "D" Street Council Members
San Bernardino CA 92418 Virginia Marquez
>- Benito Barrios
http://www.sbcity.org John Valdivia
Fred Shorett
D 1 Henry Nickel
Rikke Johnson c
James L. Mulvihill N
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DRAFT MINUTES o
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JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL v
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 0
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING P,
AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY a
AND N
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING
AS THE HOUSING AUTHORITY a�
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TUESDAY, SEPTEMBER 8, 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 2:02 p.m., Tuesday, September 8, 2015, in the
Council Chamber of City Hall, 300 North"D" Street, San Bernardino, California.
Roll Call N
Attendee_Name Title Status Arrived
Virginia Marquez Council Member,Ward 1 Present 2:00 p.m.
Benito J. Barrios Council Member, Ward 2 Present 2:57 p.m.
John Valdivia , Council Member, Ward 3 Present 4:09 p.m. E
Fred Shorett Council Member, Ward 4 Present 2:00 p.m. a
Henry Nickel Council Member, Ward 5 1 Present 2:00 p.m. a
Rikke Johnson 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.
Allen Parker City Manager Present 2:00 p.m.a
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 September 8, 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;
OM Verizon, LLC v City of San Bernardino — San Bernardino Superior N
Court,Case No. CIVDS 1406798.
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B. Conference with legal counsel - anticipated litigation - significant exposure to Q.
litigation-pursuant to Government Code Section 54956.9(d)(2): U)
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One(1)Item a
One (1)Item 3
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C. Conference with Legal Counsel - anticipated litigation - initiation of litigation - o
pursuant to Government Code Section 54956.9(d)(4).
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D. Closed Session-personnel -pursuant to Government Code Section 54957. a
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E. Closed Session with Chief of Police on matters posing a threat to the security of N
public buildings or threat to the public's right of access to public services or �
public facilities-pursuant to Government Code Section 54957.
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F. Conference with labor negotiator - pursuant to Government Code Section
54957.6: 1
General Unit !
G. Conference with real property negotiator - pursuant to Government Code Section o
54956.8: `r
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Property: 500 Inland Center Dr. -APN 0136-531-08
Agency Negotiator: Bill Manis,Deputy City Manager
Negotiating Parties: Macerich on Behalf of WM Inland Investors IV c
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Property: 2500 Pacific Street,Highland, CA 92346 c
Agency Negotiator: Allen Parker, or Designee c
Negotiating Parties: The Elmore Group
Under Negotiation: Both Price and Terms E
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Reading of Resolutions and Ordinances a
Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances
on the agenda.
Invocation/Pledge of Allegiance
0 The invocation was given by Dr. Fred Adams from The Rock Church. The Pledge of Allegiance
was led by Mrs. Bethany Valdivia.
Mayor and Common Council of the City of San Bernardino Page 2
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Joint Regular Meeting Minutes September 8, 2015
Moment of Silence
Mayor Davis requested a moment of silence in memory of Jonathan Montes.
2. Closed Session Report
Chief Assistant City Attorney Grider announced the following actions:
In the matter of In re: City of San Bernardino— U.S. Bankruptcy Court, Case No. 6:12- t
bk-28006 MJ, the council voted 5-0 (with Barrios and Valdivia absent) to authorize the N
City Attorney's office to make a statement in open session that the Council authorized the
issuance of an RFP for Fire Services in Closed Session on April 6, 2015. E
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In the matter of OM Verizon, LLC v City of San Bernardino, the Council gave Cn
settlement direction by vote of 5-0; ,o
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Under Agenda Item No. 1D,personnel: Agenda Item No. 5C was discussed;
Under Agenda Item No. 1 G, conference with real property negotiator: c
Regarding property located at 500 Inland Center Dr., the Council gave negotiation c
direction by vote of 5-0 (with Barrios abstaining); `c.
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Regarding property located at 2500 Pacific Street, Highland, CA 92346, the Council Q
gave negotiation direction by consensus. N
3. Appointments
There were no commission appointments.
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4. Presentations !
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4A. Certificates of Recognition Honoring Kim Carter, Staff & Board Members, Time
For Change—CNN Hero—Council Member Shorett
4B. Proclamation Honoring California State University, San Bernardino — 50th
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Anniversary—Mayor Davis c
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4C. Proclamation Designating September 8, 2015, as International Literacy Day — a
Council Member Marquez
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4D. Proclamation Designating September 2015, as Toastmasters Awareness Month — E
Council Member Marquez
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4E. Certificates of Recognition Honoring San Bernardino Youth Baseball Pony Division
Team — "Best in the West" — Council Member Shorett and Jordan Wright from
Supervisor Josie Gonzales' office
0 4F. Recognition of Newly Granted U.S. Citizenship & Voter Registration — Bethany
Valdivia—City Clerk Hanna
Mayor and Common Council of the City of San Bernardino Page 3
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Joint Regular Meeting Minutes September 8, 2015
4G. Bankruptcy/Strategic Planning Update--Management Partners (No report)
4H. Chamber of Commerce & Local Elected Officials Announcements
5. Consent Calendar
5A. City Clerk
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Waive Full Reading of Resolutions and Ordinances c
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Motion: Waive full reading of resolutions and ordinances on the agenda dated a
September 8, 2015. E
RESULT: ADOPTED [UNANIMOUS] 00:53;311
MOVER: Fred Shorett, Council Member,Ward 4 °
SECONDER: John Valdivia, Council Member, Ward 3 S
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel,Johnson,Mulvihill
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5B. City Clerk
RES. 2015-196 — Resolution of the Mayor and Common Council of the City of San 0
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Bernardino Approving the Destruction of Certain Records by the City Clerk's Office. a
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Public Comments: N
Deanna Adams, San Bernardino
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 00:53;31 (n
MOVER: Fred Shorett, Council Member, Ward 4 ,�
SECONDER: John Valdivia, Council Member, Ward 3
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AYES: Marquez,Barrios,Valdivia, Shorett,Nickel, Johnson, Mulvihill
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5C. Civil Service
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Personnel Actions- Classified
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Motion: Approve the classified personnel actions, as submitted by the Chief o
Examiner, in accordance with Civil Service rules and Personnel policies c
adopted by the Mayor and Common Council of the City of San
Bernardino,with the exception of Item Nos. 12 (Adam Affrunti) and 13
(Christopher Gray).
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Approximate time the motion/second were made, according to meeting video posted to City web site.
Mayor and Common Council of the City of San Bernardino Page 4
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Joint Regular Meeting Minutes September 8, 2015
N IL RESULT: ADOPTED [UNANIMOUS] 00:54;28
MOVER: Virginia Marquez, Council Member,Ward 1
SECONDER: John Valdivia, Council Member,Ward 3
AYES: Marquez,Barrios, Valdivia, Shorett,Nickel,Johnson, Mulvihill
Motion: Approve the classified personnel actions Nos. 12 (Adam Affrunti) and
13 (Christopher Gray), as submitted by the Chief Examiner, in
accordance with Civil Service rules and Personnel policies adopted by the o
Mayor and Common Council of the City of San Bernardino. C14
RESULT: ADOPTED [5 TO 21 00:55;36 4)
MOVER: Fred Shorett, Council Member, Ward 4
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SECONDER: John Valdivia, Council Member,Ward 3
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AYES: Barrios,Valdivia, Shorett,Nickel, Mulvihill d
NAYS: Virginia Marquez, Rikke Johnson
5D. Finance °
Approval of Checks Warrants and Payroll c
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Motion: Approve the claims and payroll and authorize the issuance of warrants as
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listed. a
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RESULT: ADOPTED [UNANIMOUS] 00:53;31
MOVER: Fred Shorett, Council Member, Ward 4 -�
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SECONDER: John Valdivia, Council Member, Ward 3 g
AYES: Marquez,Barrios, Valdivia, Shorett,Nickel,Johnson, Mulvihill Ni
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5E. Human Resources
Personnel Actions-Unclassified PL
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Motion: Approve the unclassified personnel actions, as submitted by the Human
Resources Division Manager, in accordance with City policies and
procedures. LO
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RESULT: ADOPTED [UNANIMOUS] 00:53;31 c
MOVER: Fred Shorett, Council Member, Ward 4 c
SECONDER: John Valdivia, Council Member,Ward 3
AYES: Marquez,Barrios, Valdivia, Shorett,Nickel,Johnson, Mulvihill E
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5F. Human Resources
RES. 2015-197 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the City Manager to Purchase the City's Property, Auto, and
Cyber Security Insurance.
Motion: Adopt the Resolution.
Mayor and Common Council of the City of San Bernardino Page 5
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Joint Regular Meeting Minutes September 8, 2015
0 RESULT: ADOPTED [UNANIMOUS] 00:53;31
MOVER: Fred Shorett, Council Member,Ward 4
SECONDER: John Valdivia, Council Member,Ward 3
AYES: Marquez,Barrios,Valdivia, Shorett,Nickel,Johnson, Mulvihill
5G. Human Resources
RES. 2015-198 — Resolution of the Mayor and Common Council of the City of San
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Bernardino Authorizing the Execution of a Professional Services Agreement Between the N
City of San Bernardino and Goldman Magdalin Krikes, LLP to Provide Workers'
Compensation Legal Services. E
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Motion: Adopt the Resolution. in
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RESULT: ADOPTED [UNANIMOUS] 01:02;17
MOVER: Henry Nickel, Council Member,Ward 5
SECONDER: Fred Shorett, Council Member,Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill c
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511. Information Technology °-
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RES. 2015-199 — Resolution of the Mayor and Common Council of the City of San a
Bernardino Authorizing the Issuance of Annual Purchase Orders for the City's 800 Mhz N
0 Rack and Circuit Rental, Dispatch Console Maintenance, Citywide 800 Mhz Backbone
Maintenance, Citywide 800 Mhz Time and Materials Maintenance, MDC User Fees,and
Citywide 800 Mhz Radio Maintenance from the County of San Bernardino's 800 Mhz I
Group. >1
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Motion: Adopt the Resolution. Ji
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RESULT: ADOPTED [UNANIMOUS] 00:53;31 0
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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5I. Police o
RES. 2015-200 — Resolution of the Mayor and Common Council of the City of San o
Bernardino Authorizing that the FY2015/2016 Adopted Budget be Amended to Include
Encumbrance Carryovers of FY2014/2015 Police Department Purchases. E
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Motion: Adopt the Resolution. a
RESULT: ADOPTED [UNANIMOUS] 01:11;06
MOVER: Fred Shorett, Council Member,Ward 4
SECONDER: James Mulvihill, Council Member,Ward 7
AYES: Marquez, Barrios,Valdivia, Shorett,Nickel,Johnson,Mulvihill
Mayor and Common Council of the City of San Bernardino Page 6
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5J. Police
0 RES. 2015-201 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Appropriation and Expenditure of the Allocated FY
2014/2015 Justice Assistance Grant(JAG) Funds in FY 2015/2016.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 1:11;06 c
MOVER: Fred Shorett, Council Member,Ward 4 L
SECONDER: James Mulvihill, Council Member,Ward 7 -n
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AYES: Marquez,Barrios,Valdivia, Shorett,Nickel,Johnson, Mulvihill r
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5K. Police °
RES. 2015-202 — Resolution of the Mayor and Common Council of the City of San a
Bernardino Authorizing the Execution of a Memorandum of Understanding Between the c
Rialto Unified School District and the City of San Bernardino for a School Resource
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Officer at Rialto High School. °
Motion: Adopt the Resolution. a
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RESULT: ADOPTED [UNANIMOUS] 00:53;31 LO
MOVER: Fred Shorett, Council Member, Ward 4 N
SECONDER: John Valdivia, Council Member,Ward 3 =
AYES: Marquez,Barrios,Valdivia, Shorett,Nickel, Johnson, Mulvihill
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5L. Public Works
RES. 2015-203 — Resolution of the Mayor and Common Council of the City of San
Bernardino Amending Resolution No. 655 Entitled, in Part, "A Resolution....Designating o
Certain Streets or Portions Thereof as Through Highways and Establishing a One-Way
Stop..." to Include the Intersection of Commercial Road and Steele Street.
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Motion: Adopt the Resolution. U"j
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RESULT: ADOPTED [UNANIMOUS] 00:53;31 0
MOVER: Fred Shorett, Council Member, Ward 4 c
SECONDER: John Valdivia, Council Member,Ward 3
AYES: Marquez, Barrios,Valdivia, Shorett,Nickel,Johnson, Mulvihill E
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5M. Treasurer's Office a
Treasurer's Report for the Month of July 2015
Motion: Receive and file.
Mayor and Common Council of the City of San Bernardino Page 7
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Joint Regular Meeting Minutes September 8, 2015
RESULT: ADOPTED [UNANIMOUS] 00:53;31
MOVER: Fred Shorett, Council Member,Ward 4
SECONDER: John Valdivia, Council Member,Ward 3
AYES: Marquez, Barrios,Valdivia, Shorett,Nickel,Johnson, Mulvihill
6. Public Hearings
6A. Community Development o
Ordinance of the Mayor and Common Council of the City of San Bernardino Adopting
the 2012 Edition of the International Property Maintenance Code with Specific
Amendments. (FIRST READING)
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Mayor Davis opened the hearing. N
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Mark Persico, Community Development Director, stated that this item was part of their
continuing efforts to streamline the Code Enforcement process.
Jodi Mansfield, Code Compliance Manager, stated that the primary objective in adopting o
provisions of the International Property Maintenance Code was to modernize charging
provisions and to add specific amendments to Chapter 15 of the San Bernardino 0
Municipal Code. a
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No public comments were received. N
Motion: Lay over Ordinance for final adoption at the regularly scheduled meeting
of the Mayor and Common Council on October 5, 2015. a]
RESULT: FIRST READING [UNANIMOUS] Next: 10/5/2015 2:00 PM Ni
MOVER: John Valdivia, Council Member, Ward 3 1:26;30 Ji
SECONDER: James Mulvihill, Council Member,Ward 7 a
AYES: Marquez,Barrios,Valdivia, Shorett,Nickel,Johnson, Mulvihill °
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6B. Community Development
An Ordinance of the Mayor and Common Council of the City of San Bernardino
Repealing Chapters 3.68 and 8.27; and Amending Chapter 8.30 of the San Bernardino N
Municipal Code Regarding Public Nuisance Abatement. (FIRST READING) c
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Mayor Davis opened the hearing. °.
Jodi Mansfield, Code Compliance Manager, stated that on January 5, 2015, the E
Community Development Department presented the need for streamlining processes to
the Mayor and Common Council. She stated that the goal was to streamline the Q
administrative hearing process by repealing San Bernardino Municipal Code Chapters
3.68 and 8.27 and amending Chapter 8.30.
No public comments were received.
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Mayor and Common Council of the City of San Bernardino Page 8
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0 Motion: Lay over Ordinance for final adoption at the regularly scheduled meeting
of the Mayor and Common Council on October 5, 2015.
RESULT: FIRST READING [UNANIMOUS] Next: 10/5/2015 2:00 PM
MOVER: John Valdivia, Council Member, Ward 3 1:26;30
SECONDER: James Mulvihill, Council Member,Ward 7
AYES: Marquez,Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
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7. Staff Reports
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7A. City Attorney Q
Presentation by the City Attorney's Office on the Brown Act
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Deputy City Attorney Graham stated that he had prepared a new Brown Act pamphlet for y
the Mayor and Common Council.
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Mr. Graham gave a PowerPoint presentation entitled, "Brown Act Training: Mayor and
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Common Council." 0
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Public Comments: a
Jay Lindberg, San Bernardino
Consensus: Receive and file.
7B. City Manager
Resolution of the Mayor and Common Council of the City of San Bernardino Acting as
the Successor Agency to the Redevelopment Agency of the City of San Bernardino
Approving a Professional Services Agreement with James P. Morris.
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Staff requested that the item be continued for two weeks. o
Motion: Continue to September 21,2015.
RESULT: CONTINUED [6 TO 11 Next: 9/21/2015 2:00 PM LO
MOVER: Fred Shorett, Council Member,Ward 4 04:29;11 N
SECONDER: James Mulvihill, Council Member,Ward 7 T
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AYES: Marquez,Barrios, Shorett,Nickel,Johnson,Mulvihill °
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NAYS: John Valdivia a
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7C. Council Office
2015 San Bernardino County Water Conference a
Council Member Mulvihill gave a brief report.
Consensus: Receive and file.
Mayor and Common Council of the City of San Bernardino Page 9
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7D. Council Office
Education Bridge Committee Update
Council Member Johnson stated that the Committee was looking into a combined effort
with the San Bernardino City Unified School District to host an event at the end of May
2016, called"San Bernardino Showcase Extravaganza, Making Hope Happen."
Consensus: Receive and file. LO
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7E. Successor Agency
RES. 2015-204 — Resolution of the Successor Agency to the Redevelopment Agency of
the City of San Bernardino Approving the Long-Range Property Management Plan
Pursuant to California Health and Safety Code Section 34191.5 and Approving Certain
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Related Actions. °
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Steve Dukett, Urban Futures, Inc., gave a PowerPoint presentation entitled, "Successor
Agency to the Redevelopment Agency of the City of San Bernardino, Draft Long Range 2
Property Management Plan, September 2015." o
Public Comments: o
Jay Lindberg, San Bernardino a
Motion: Adopt the Resolution. N
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Mayor and Common Council of the City of San Bernardino Page 10
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RESULT: ADOPTED [UNANIMOUS] 03:01;58
MOVER: Fred Shorett, Council Member,Ward 4
SECONDER: James Mulvihill, Council Member,Ward 7
AYES: Marquez, Barrios,Valdivia, Shorett,Nickel, Mulvihill
ABSENT: Rikke Johnson
8. Public Comments on Items Not on the Agenda LO
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Deanna Adams, San Bernardino, stated that in 1968 the Council adopted a utility tax
which started at 5 percent and has increased over the years to 7.83 percent. She said that E
when the State of California implemented Proposition 218, a State measure which tied �.
the hands of local bodies from using their general funds for exempt funds, the City had 0)
no choice but to implement Measure L, and came up with an idea to mitigate the tax from ,o
7.83 percent to 7.75 percent. Ms. Adams stated that most cities set those funds aside in a m
separate account for future comparison to anticipate tax revenue that the tax was intended
to cover. She said that Proposition 218 protects funds that citizens pay for services and
that the City was prohibited from tampering with those funds; however, transfers were o
being made without documentation to show where the funds came from. Ms. Adams said
the utility tax must be treated as a special tax like Measure C. A particular use or purpose a
must never be deposited in the general fund or borrowed for something else. She added a
that she was very concerned about how the tax accounts were being spent.
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Robert Porter, San Bernardino, stated that he wanted to hear more discussion about
bringing businesses into the community and being business friendly. He suggested that a,
the Arrowhead symbol be changed to a spirit eagle or an eagle ascending into Heaven.
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William Reasons, San Bernardino, stated that he would like to open a thrift store in the �
City near his residence. He asked the Council to rethink the current moratorium.
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Larry Lee, San Bernardino, thanked the Mayor and Council for their hard work and °
commitment, and said a prayer for the City.
Jay Lindberg, San Bernardino, spoke about the war on drugs.
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Thomas McGovern, San Bernardino, photographer, writer and educator, announced that 00
his photographs would be on display through the end of September at the National o
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Orange Show Art Gallery exhibition "Swap Meet: This is San Bernardino." He stated
that he wanted to show the vitality of the City and its people through the prism of the d
swap meet. Mr. McGovern distributed an event flyer to the Mayor and Council.
John Valdivia, San Bernardino, stated that the Committee to Re-elect John Valdivia for Q
City Council 2015 would be hosting a sustainability event at the Inland Center Mall on
Saturday, September 19, 2015, from 9 a.m. to 12 p.m. He said the event will feature
paper/document shredding, expired medication drop off, and a free organic compost and
mulch pick up.
Barbara Babcock, San Bernardino, stated that Kim Carter was one of 25 eo le from 80
p p
countries who was singled out this year to become a CNN Hero. She stated that she
Mayor and Common Council of the City of San Bernardino Page 11
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Joint Regular Meeting Minutes September 8, 2015
would like to get Kim into the top ten and explained the way to do that was to go onto the
Facebook page for Time for Change and like that page and to also go to CNN Heroes and
watch the two videos and make a positive comment. Ms. Babcock said the group that
wins often ends up with so much publicity, they could end up with millions of donations
from organizations.
Sandra Ibarra, San Bernardino, stated that Code Enforcement was doing a great job;
reported a fatal accident at Fifth Street and the I-215 Freeway; reported that she saw an
SUV with a Highland license plate dumping furniture in the empty lot near Costco; said o
she watched the discussion regarding City Fire and did not appreciate the Brown Act N
fiasco; stated that it was uncertain what was going to happen with the parcel tax money; .0
said she got to meet Deputy City Manager Bill Manis and signed up to meet Mayor
Davis; and stated that there were a lot of concerned citizens in her community, and it
would be great if they had a voice.
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9. Items to be Referred to Council Committees
Council Member Shorett requested that the provision on how committees are established
be referred to the Legislative Review Committee. o
10. Announcements by Council Members, Mayor and Executive Staff Q
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11. Adjournment N
The meeting adjourned at 9:15 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, September 21, 2015.
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GEORGEANN"GIGI"HANNA
City Clerk
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By
Linda Sutherland
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Deputy City Clerk
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City of San Bernardino y y
Council Members
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300 North D„ Street
o San Bernardino CA 92418 Virginia Marquez
�- Benito Barrios
http://www.sbcity.org John Valdivia
Fred Shorett
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Rikke Johnson to
James L. Mulvihill N
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DRAFT MINUTES to
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JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL v
OF THE CITY OF SAN BERNARDINO
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING
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AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY 0
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING c.
AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY a
AND N
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING 7T-
AS THE HOUSING AUTHORITY as
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MONDAY, SEPTEMBER 21, 2015
COUNCIL CHAMBER >i
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The Joint Regular Meeting of the Mayor and Common Council and the City of San Bernardino
was called to order by Mayor R. Carey Davis at 2:07 p.m., Monday, September 21, 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 6 Title Status Arrived N
Virginia Marquez Council Member,Ward 1 Present 2:00 p.m. °
Benito J. Barrios Council Member, Ward 2 Present 2:00 P.M. a
John Valdivia Council Member, Ward 3 Present 2:00 .m. _
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Fred Shorett Council Member, Ward 4 Present 2:00 p.m. w
Henry Nickel Council Member, Ward 5 ; Present 2:20 p.m. Q
Rikke Johnson Council Member, Ward 6 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 g Present 2:00 p.m.
Allen Parker City Manager Present 2:00 p.m.
Gary D. Saenz i 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 September 21, 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 N
litigation-pursuant to Government Code Section 54956.9(d)(2):
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One (1)Item a
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C. Conference with legal counsel - anticipated litigation - initiation of litigation - o
pursuant to Government Code Section 54956.9(d)(4): LO
City v. Sinclair City v. Rashid
City v. Wells Fargo City v. Castellanos o
D. Closed Session-personnel -pursuant to Government Code Section 54957: 'o
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City Manager a
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E. Closed session with Chief of Police on matters posing a threat to the security of
public buildings or threat to the public's right of access to public services or
public facilities-pursuant to Government Code Section 54957. a�
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F. Conference with labor negotiator - pursuant to Government Code Section
54957.6: >i
General Unit
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Management Confidential
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G. Conference with real property negotiator - pursuant to Government Code Section
54956.8: LO LO
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Property: APN 281-341-10; APN 281-341-04
Agency: Bill Manis,Deputy City Manager
Negotiating Parties: Rancon Realty Fund IV °
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Reading of Resolutions and Ordinances
Deputy City Clerk Montoya read into the record the titles of all the resolutions and ordinances on r
the agenda.
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Invocation/Pledge of Allegiance
The invocation was given by Chaplain Ray Miller, San Bernardino Police Department Chaplain
Corps. The Pledge of Allegiance was led by Mayor Davis.
Mayor and Common Council of the City of San Bernardino Page 2
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2. Closed Session Report
City Attorney Saenz reported the following actions:
Under Agenda Item No. 113, Successor Agency: The Council authorized the City
Attorney to retain outside counsel by vote of 4-0 (1 abstention; 1 absent);
Under Agenda Item No. IF, General Unit: The Council approved the proposed MOU
with changes with the General Unit employees by vote of 7-0; N
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Under Agenda Item No. 1F, Management Confidential: The Council approved a
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proposed agreement with Management Confidential employees by vote of 7-0; r
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Under Agenda Item No. 1 G, the Council approved conveyance of property on c
Carnegie Drive from the current owner to the City; N
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In the matter of City v. Sinclair,the Council gave settlement directive by vote of 6-0 (1
abstention); c
In the matter of City v. Wells Fargo, the Council gave settlement directive by vote of o
7-0; a
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In the matter of City v. Rashid, the Council gave settlement directive by vote of 7-0; N
In the matter of City v. Castellanos, the Council gave settlement directive by vote of =
6-0; Ni
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In the matter of State of California, et al. ex rel. [UNDER SEAL] v. [UNDER
SEAL], the Council authorized the City Attorney to retain legal counsel to initiate
litigation by vote of 7-0.
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3. Appointments
3A. Mayor's Office
Appointment of Jeanette Avila to the Civil Service Board- Mayor R. Carey Davis N
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Motion: Approve the appointment of Jeanette Avila to the Civil Service Board as o
requested by Mayor R. Carey Davis.
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RESULT: ADOPTED [UNANIMOUS] 00:05;361
MOVER: Fred Shorett, Council Member, Ward 4 a
SECONDER: James Mulvihill, Council Member,Ward 7
AYES: Marquez,Barrios, Shorett,Nickel, Johnson, Mulvihill
ABSENT: John Valdivia
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Approximate time motion/second were made, according to meeting video posted on the City web site.
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Joint Regular Meeting Minutes September 21, 2015
4. Presentations
4A. Certificates of Recognition - San Bernardino Police Officer Marcus Pesquera -
Mayor Davis, Council Member Marquez & Council Member Johnson. Other
Elected Officials to present Certificates to Officer Pesquera: Assemblymember
Cheryl Brown &Assemblymember Marc Steinorth-Canceled
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4B. Proclamation Designating September 21, 2015, as Cal State University's Day in N
Commemoration of their 50th Anniversary- Council Member Nickel
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4C. Proclamation Supporting San Bernardino County's "Vision2Read" Initiative
Highlighting City Library Contributions - Council Member Johnson
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4D. Fine Arts Commission - Norton Space and Aeronautics Academy - Lupita Girard,
Principal S
Dance Performance presented by the students from the Norton Space and Aeronautics —
Academy Middle School and a Certificate of Appreciation was presented to the Fine Arts i
Commission for the grant allocation made to the Norton Space and Aeronautics o
Academy. a
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4E. Student of the Month - Carmen Avila, San Bernardino High School - Council N
Member Barrios
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4F. Citizen of the Month-Roger Henderson- Council Member Mulvihill co
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4G. Third Thursdays Food Fest Continuation - Community Development Director >i
Mark Persico
Mark Persico gave a Power Point presentation of the first year of the Third Thursdays o
Food Fest.
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4H. San Bernardino Animal Shelter Overview - Captain Paul Williams and Animal
Control Manager Oscar Perez
A PowerPoint presentation of the history of the Animal Shelter was given by Captain N
Williams, and an updated report was provided by Oscar Perez,Animal Control Manager. N
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4I. Bankruptcy/Strategic Planning/Charter Committee Updates - Management c
Partners E
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Chairman Phil Savage presented a Progress Report on the Volunteer Citizen-Based
Charter Committee. a
4J. Announcements by Chamber of Commerce& Local Elected Officials
5. Consent Calendar
5A. City Clerk
Waive Full Reading of Resolutions and Ordinances
Mayor and Common Council of the City of San Bernardino Page 4 P "
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Joint Regular Meeting Minutes September 21, 2015
Motion: Waive full reading of resolutions and ordinances on the agenda dated
September 21, 2015.
RESULT: ADOPTED [UNANIMOUS] 06:37;18
MOVER: Fred Shorett, Council Member,Ward 4
SECONDER: James Mulvihill, Council Member,Ward 7
AYES: Marquez,Barrios,Valdivia, Shorett,Nickel,Johnson,Mulvihill
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5B. City Manager c
Discuss and Take Possible Action on the Park Ranger Program
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Motion: Continue to October 5, 2015. N
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RESULT: CONTINUED [UNANIMOUS] Next: 10/5/2015 2:00 PM
MOVER: John Valdivia, Council Member, Ward 3 06:38;34
SECONDER: Henry Nickel, Council Member, Ward 5
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AYES: Marquez,Barrios,Valdivia, Shorett,Nickel, Johnson,Mulvihill
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5C. City Manager
RES. 2015-205 - Resolution of the Mayor and Common Council of the City of San LO
Bernardino Approving the Assignment of Delinquent Tax Receivables to the California
Statewide Communities Development Authority for Prior Fiscal Years, and Authorizing
Execution and Delivery of Related Documents and Actions.
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Michael Bush, Urban Futures, gave a brief summary and background in regards to the 2
City's participation in the California Statewide Communities Development Authority >i
program.
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Motion: Adopt the Resolution.
RESULT: ADOPTED [6 TO 11 06:42;33
MOVER: Fred Shorett, Council Member, Ward 4 0
SECONDER: Benito J. Barrios, Council Member,Ward 2
AYES: Marquez, Barrios, Valdivia, Shorett,Johnson,Mulvihill
NAYS: Henry Nickel
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SD. City Manager
Resolution of the Mayor and Common Council of the City of San Bernardino a
Authorizing the Execution of a Consultant Services Agreement with IDS Group for
Seismic Evaluation of City Hall.
Motion: Continue to October 5,2015.
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RESULT: CONTINUED [UNANIMOUS] Next: 10/5/2015 2:00 PM
MOVER: Henry Nickel, Council Member,Ward 5 06:44:36
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez,Barrios,Valdivia, Shorett,Nickel,Johnson, Mulvihill
5E. Civil Service r
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Personnel Actions-Classified N
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Motion: Approve the classified personnel actions, as submitted by the Chief E
Examiner, in accordance with Civil Service rules and Personnel policies Q
adopted by the Mayor and Common Council of the City of San y
Bernardino. `o
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RESULT: ADOPTED [UNANIMOUS] 06:37;18
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member,Ward 7 c
AYES: Marquez, Barrios,Valdivia, Shorett,Nickel, Johnson,Mulvihill o
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5F. Finance a
Approval of Checks Warrants and Payroll Checks N
Motion: Approve the claims and payroll and authorize the issuance of warrants as
listed. an
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RESULT: ADOPTED [UNANIMOUS] 06:37;18 g�
MOVER: Fred Shorett, Council Member, Ward 4 >i
SECONDER: James Mulvihill, Council Member,Ward 7 L
AYES: Marquez,Barrios,Valdivia, Shorett,Nickel, Johnson,Mulvihill °
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5G. Human Resources
Personnel Actions-Unclassified Lo
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Motion: Approve the unclassified personnel actions, as submitted by the Human
Resources Division Manager, in accordance with City policies and o
procedures.
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RESULT: ADOPTED [UNANIMOUS] 06:37;18 s
MOVER: Fred Shorett, Council Member, Ward 4 a
SECONDER: James Mulvihill, Council Member,Ward 7 a
AYES: Marquez,Barrios,Valdivia, Shorett,Nickel, Johnson,Mulvihill
OWN
Mayor and Common Council of the City of San Bernardino Page 6 P ' arc_.
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511. Public Works
RES. 2015-206 - Resolution of the Mayor and Common Council of the City of San
Bernardino Amending Resolution No. 3985 Entitled, in Part, "A
Resolution....Prohibiting Parking Upon Certain Designated Streets, Alleys or Portions
Thereof..." to Establish a No Parking Except by Permit at Any Time Zone on Ridgeline
Drive from the South Terminus of Ridgeline Drive Cul-De-Sac to Approximately One
Thousand Two Hundred(1,200) Feet to the North Thereof.
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Motion: Adopt the Resolution. L
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RESULT: ADOPTED [UNANIMOUS] 06:37;18 a
MOVER: Fred Shorett, Council Member,Ward 4
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SECONDER: James Mulvihill, Council Member, Ward 7 °
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AYES: Marquez, Barrios,Valdivia, Shorett,Nickel, Johnson, Mulvihill
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5I. Public Works o
RES. 2015-207 - Resolution of the Mayor and Common Council of the City of San
Bernardino Making Application to the Local Agency Formation Commission to Provide a
City Sewer Services to Property Within Unincorporated Territory Located at 1959 Porter Q
Street.
Motion: Authorize the Director of Public Works to initiate proceedings for the
provision of City sewer services outside of City boundaries for property =
located at 1959 Porter Street (APN: 0268-291-09); and adopt the
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Resolution.
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RESULT: ADOPTED [UNANIMOUS] 06:37;18 >i
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member,Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson,Mulvihill
5J. Public Works
RES. 2015-208 - Resolution of the Mayor and Common Council of the City of San N
Bernardino Authorizing and Directing the Execution of Amendment No. 3 to Lease with N
Metropolitan Water District of Southern California, Relative to Assessment District No. c
1055 in the Pine Avenue and Redwood Street Area, Tract No. 17716. (#4020) c
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Motion: Adopt the Resolution. a
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RESULT: ADOPTED [UNANIMOUS] 06:37;18
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez,Barrios,Valdivia, Shorett,Nickel, Johnson, Mulvihill
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5K. Public Works
RES. 2015-209 - Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Acceptance of Three Quitclaim Deeds for Street and
Highway Purposes Within County of San Bernardino Jurisdiction for Portions of the
Palm Avenue Grade Separation Project.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 06:46;16 N
MOVER: Rikke Johnson, Council Member, Ward 6
SECONDER: John Valdivia, Council Member, Ward 3 E
AYES: Marquez, Barrios,Valdivia, Shorett,Nickel,Johnson,Mulvihill
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5L. Successor Agency
RES. 2015-210 - Resolution of the Mayor and Common Council of the City of San
Bernardino Acting as the Successor Agency to the San Bernardino Redevelopment
Agency Authorizing the Issuance of a Purchase Order to ServPro in an Amount Not to 0
Exceed$80,000 for Water Damage Remediation Services at 201 North E Street.
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Motion: Adopt the Resolution. a
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RESULT: ADOPTED [6 TO 11 06:46;35
MOVER: Fred Shorett, Council Member,Ward 4
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Shorett,Nickel,Johnson, Mulvihill co
NAYS: John Valdivia -'
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5M. Successor Agency
RES. 2015-211 - Resolution of the Mayor and Common Council of the City of San o
Bernardino Acting as the Successor Agency to the San Bernardino Redevelopment
Agency Approving the Emergency Issuance of a Purchase Order to CSR Air
Conditioning & Heating, Inc. in an Amount Not to Exceed $99,870 for Purchase and
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Installation of Five New HVAC Units at 450 North E Street, and to Authorize Payment
Thereunder. N
Motion: Adopt the Resolution.
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RESULT: ADOPTED [6 TO 11 06:37;18 a
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Virginia Marquez, Council Member,Ward I
AYES: Marquez, Barrios, Shorett,Nickel, Johnson,Mulvihill Q
NAYS: John Valdivia
5N. Treasurer's Office
Resolution of the Mayor and Common Council of the City of San Bernardino
Acknowledging the Receipt and Filing of the Annual Statement of Investment Policy for
the Period July 1,2015 through June 30, 2016.
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0 Motion: Continue to October 5, 2015.
RESULT: CONTINUED [UNANIMOUS] Next: 10/5/2015 2:00 PM
MOVER: Henry Nickel, Council Member, Ward 5 6:55;45
SECONDER: John Valdivia, Council Member,Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson,Mulvihill
6. Public Hearings
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6A. City Clerk
Resolution of the Mayor and Common Council of the City of San Bernardino Imposing E
Liens on Certain Parcels of Real Property Located Within the City of San Bernardino for
Uncollected Business Registration Fees.
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Mayor Davis opened the hearing. y
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Motion: Close the hearing; and continue to October 5, 2015. _
RESULT: CONTINUED [UNANIMOUS] Next: 10/5/2015 2:00 PM —0
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MOVER: Fred Shorett, Council Member,Ward 4 04:13;07 0
SECONDER: James Mulvihill, Council Member, Ward 7 a
AYES: Marquez, Barrios, Shorett,Nickel,Johnson, Mulvihill a
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ABSENT: John Valdivia
6B. City ManaEer Ni
Public Hearing to Receive Citizen Input on the Proposed Changes Included in Substantial
Amendment #2 to the City of San Bernardino's HOME Investment Partnership Program
(HOME)2015/2016 Budget/Action Plan
Mayor opened the hearing. o
Brandon Mims,Deputy Housing Manager, stated that at the Mayor and Common Council
Meeting of August 17, 2015, the Mayor and City Council set a public hearing for
September 21, 2015 to receive comments on Substantial Amendment No. 2 to the City of
San Bernardino's 2015/2016 Action Plan to add$734,000.00 to the already approved Val N
9 Project. He stated that the Home Investment Partnership Program was the City's N
funding that was used for affordable housing and it was only used for this funding. Mr. c
Mims also stated that the City, in partnership with Core and the Housing Authority had
already invested $2.3 million in the project and this was an additional investment for the
City to make good use of its home dollars. s
Steve Pontell, President/CEO, National Core, gave a brief summary of the Val 9 Project a
and tax credits. He also explained that addition of funds was not a budget overrun and
there would be no cost increase to the project. He said that this project continued to be an
excellent investment for the City and that the City was getting a twenty-six million dollar
project that was to have a positive effect on the neighborhood. He stated that when the
initial request for this project was made, it was not known at the time whether the City
was going to be able to have the additional federal allocation. These were federal funds
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6B. (Continued)
and not City Funds; therefore, their purpose was for affordable housing, and that was a
real leveraging opportunity for those affordable housing dollars.
Dan Nackerman, Executive Director of the Housing Authority, explained the procedure
for screening of potential housing applicants. He also explained their aggressive eviction
process.
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Jarrod Burguan, Chief of Police, stated that he was supportive of the project insofar as he N
thought new development would attract a better type of environment. He stated that the
Police Department would be meeting with National Core to continue discussion in terms E
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of what could be done in regards to a safer environment. a
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Pursuant to Resolution No. 2000-279, City Clerk Hanna administered an oath to those 12
individuals wishing to speak on the matter that they would provide true and honest d
testimony.
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Public Comments °
Deanna Adams, San Bernardino, spoke in opposition. o
Jay Lindberg, San Bernardino, spoke in opposition. a
Scott Olson, San Bernardino, spoke in opposition.
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Motion: Close the hearing; and receive public comments on and approve
Substantial Amendment #2 to the City's HUD Action Plan to allocate an
additional $734,000 of HOME funding to the Valencia and 9th Street cd
("Val 9")
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RESULT: ADOPTED [5 TO 21 05:17;55
MOVER: Fred Shorett, Council Member,Ward 4 2
SECONDER: James Mulvihill, Council Member,Ward 7
AYES: Marquez, Barrios, Shorett, Johnson,Mulvihill
NAYS: John Valdivia, Henry Nickel
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6C. Public Works N
RES. 2015-212 - Resolution of the Mayor and Common Council of the City of San c
Bernardino Adopting Findings of Fact, Ordering the Vacation of a Portion of Acacia i
Avenue North of 9th Street and Those Portions of the East-West Alley and North-South E
Alley, Between Acacia Avenue and"F" Street, and Reserving Utility Easements Therein.
Mayor Davis opened the hearing. a
No public comments were received.
Motion: Close the hearing; and adopt the Resolution.
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RESULT: ADOPTED [UNANIMOUS] 5:18;55
MOVER: Fred Shorett, Council Member,Ward 4
SECONDER: James Mulvihill, Council Member,Ward 7
AYES: Marquez, Barrios,Valdivia, Shorett,Nickel, Johnson,Mulvihill
6D. Water
RES. 2015-213 - Resolution of the Mayor and Common Council of the City of San �n
Bernardino Fixing and Establishing Charges for Services and Facilities Furnished by the N
City Sewerage Treatment System Located Within and Outside the Incorporated Territory L-,
of the City, and Repealing Portions of Resolution 2011-4. E
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NOTE: Agenda Items 6D &6E were discussed simultaneously.
Mayor Davis opened the hearing.
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A PowerPoint presentation entitled "2015 Wastewater Rate Adjustments: Collection and
Treatment Systems"was given by Terri Willoughby, Finance Director for the City of San
Bernardino Municipal Water Department. o
City Clerk Hanna stated that copies of four written protests distributed to the Mayor and °
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Common Council for their review and entered into the record.
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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. a,
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Public Comments in support: 2�
Susan Longville, San Bernardino, spoke in support. >i
Jay Lindberg, San Bernardino, spoke in support.
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Public Comments in opposition: a,
Scott Olson, San Bernardino, spoke in opposition.
Deanna Adams, San Bernardino, spoke in opposition.
Randy Golightly,Jr., Rialto, spoke in opposition. c
Lawrence Jordan, San Bernardino, spoke in opposition. N
John Beckley, San Bernardino, spoke in opposition. N
Ashwin Patel, San Bernardino, spoke in opposition. o
Anand Patel, San Bernardino, spoke in opposition. c
Clementina Piiia-Bernal, San Bernardino, spoke in opposition. E
Julia Shouts, San Bernardino, spoke in opposition.
Adele Copeland, San Bernardino, spoke in opposition. a
Kim Robel, San Bernardino, spoke in opposition.
Yolanda Macias, San Bernardino, spoke in opposition.
Shirley Harlan, San Bernardino, spoke in opposition.
Art Griffith, FG Solutions gave a brief summary regarding the urgency of the City to
update and repair the sewer system.
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Motion: Close the hearing; and adopt the Resolution.
RESULT: ADOPTED [4 TO 31 04:00;13
MOVER: Fred Shorett, Council Member,Ward 4
SECONDER: Rikke Johnson, Council Member,Ward 6
AYES: Virginia Marquez, Fred Shorett, Rikke Johnson,James Mulvihill
NAYS: Benito J. Barrios,John Valdivia,Henry Nickel
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6E. Water M
RES. 2015-214 - Resolution of the Mayor and Common Council of the City of San
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Bernardino Fixing and Establishing Charges for Services and Facilities Furnished by the
City Sewerage Collection System Located Within and Outside the Incorporated Territory `o
of the City, and Repealing Portions of Resolution 2011-4. N
Mayor Davis opened the hearing.
NOTE: Agenda Items 61) & 6E were discussed simultaneously. Refer to comments on o
Agenda Item 6D.
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Motion: Close the hearing; and adopt the Resolution. a
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RESULT: ADOPTED [4 TO 31 04:00;13 N
MOVER: Fred Shorett, Council Member,Ward 4
SECONDER: Rikke Johnson, Council Member,Ward 6
AYES: Virginia Marquez, Fred Shorett, Rikke Johnson,James Mulvihill J�
NAYS: Benito J. Barrios,John Valdivia, Henry Nickel
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7. Staff Reports o
7A. City Manager
Resolution of the Mayor and Common Council of the City of San Bernardino Acting as
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the Successor Agency to the Redevelopment Agency of the City of San Bernardino 0
Approving a Professional Services Agreement with James P. Morris.
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Michael Busch, President, Urban Futures, spoke about a creditor's request in regards to °
additional items regarding the bankruptcy. He stated that Mr. Morris had been directly
involved in the discovery meetings with the creditors. He said that without Mr. Morris s
the City would have to definitely bring in more resources to provide the level of
discovery needed, but that Mr. Morris would have certainly been able to provide it a
quicker and cheaper than having to go for outside counsel. He stated that he wouldn't be
able to provide it himself and he was the one leading the discovery discussions with the
specific creditor.
Public Comments:
Scott Olson, San Bernardino
Cheryl Brown,Assembly Member, San Bernardino
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Motion: Adopt the Resolution. Mayor vetoed for reasons stated.
RESULT: ADOPTED [4 TO 31 07:01;36
MOVER: Fred Shorett, Council Member,Ward 4
SECONDER: James Mulvihill, Council Member,Ward 7
AYES: Virginia Marquez, Fred Shorett, Rikke Johnson,James Mulvihill
NAYS: Benito J. Barrios, John Valdivia, Henry Nickel
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7B. City Manager
Update on San Bernardino Employment and Training Agency
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Allen Parker, City Manager gave an update on the status of the cash hold imposed by the c
State pending the receipt of single audits for two years. He stated that the completed N
draft audit for FY 2012/13 would be presented to the City Council at the meeting of
October 19, 2015 and would be forwarded to the State. Mr. Parker gave an update on the =_
City's appeal to the California Workforce Investment Board. He also raised the fact that
his concern was that funds to fund SBETA were coming out of the General Fund, which
were not budgeted, and that there was no guarantee that the City would recoup the funds o
and prevail with the appeal. a
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Donn Dimichele, Deputy City Attorney, stated that when he spoke to Rochelle Daniels, N
representative for SBETA, she gave the opinion that the City would be reimbursed for
everything that was being spent on SBETA, even after the new law went into effect. He ,c
also spoke about the appeal process and his conversation with Tim Rainey, Executive yi
Director of the California Workforce Development Board, about possibly receiving the
decision on the appeal by November 17, 2015.
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Public Comments a
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Margaret Hill,Highland
Nafis Rashed, San Bernardino
Gary Kelly, SBETA Board Member, San Bernardino
Shirley Harlan, San Bernardino
Laurie Stalnaker, SBETA Board Member, San Bernardino c
Cheryl Brown,Assembly member, San Bernardino r
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Motion: Receive and File; and continue funding SBETA for three (3) months and +.s
allocate $375,000.
RESULT: ADOPTED [6 TO 11 06:23;24 r
MOVER: James Mulvihill, Council Member,Ward 7 a
SECONDER: Virginia Marquez, Council Member,Ward 1
AYES: Marquez,Barrios, Valdivia,Nickel, Johnson,Mulvihill
0 NAYS: Fred Shorett
Mayor and Common Council of the City of San Bernardino Page 13 4Q In 4 in
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7C. Mayor's Office
Discussion and Take Action on OpenGov - a Financial Platform to Encourage
Transparency
Public Comments:
Council Member John Valdivia, San Bernardino
Motion: Continue to October 5, 2015.
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RESULT: CONTINUED [5 TO 21 Next: 10/5/2015 2:00 PM
MOVER: Fred Shorett, Council Member, Ward 4 06:56;35 d
SECONDER: Rikke Johnson,Council Member, Ward 6
AYES: Marquez,Barrios, Shorett, Johnson,Mulvihill L.
NAYS: John Valdivia, Henry Nickel
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8. Public Comments on Items Not on the Agenda o
Bill Sandefur, San Bernardino, spoke about awareness of veterans' medical issues and o
the V.A. Hospital's lack of medical attention. He said that he contacted the newspapers, a
and elected officials for help with veteran issues. He announced that there would be a
V. A. town hall meeting on September 25, 2015 from 2:30 p.m. to 4:00 p.m. in the V. N
A. Hospital auditorium
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Betty Jean Long, San Bernardino, spoke about the City Council not getting together N�
with people to get things straightened out in the City once and for all. Ji
Scott Olson, San Bernardino, spoke about not being supportive of what the City
Council had been doing the last couple of years. He also spoke about the Recall election o
and the newly elected. He stated that the City needed change. PL
Shirley Harlan, San Bernardino, stated that she would be attending the Charter
Committee Meeting on September 22, 2015, and encouraged the public to attend and L
speak out. o
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Sandra Ibarra, San Bernardino, spoke about Council Member Barrios posting an item o
for sale on Facebook during the Council meeting. She asked that he step up as a leader.
She also stated that the contract with James Morris was a robbery to the City. She a
thanked the Mayor for vetoing the Professional Services Agreement with James Morris.
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9. Items to be Referred to Council Committees/Council Member Requests a
Council Member Mulvihill requested that a review of a parked truck blocking
oncoming traffic on a residential street be referred to the Legislative Review
Committee.
. 0 Council Member Johnson requested that the Baseline and California Street Project
be referred to the Education Bridge Committee so that School District representatives
could get a report out regarding the status of the project.
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Joint Regular Meeting Minutes September 21, 2015
10. Announcements by Council Members and Executive Staff
11. Adjournment
Due to the late hour, Council Member Valdivia made a motion to adjourn the meeting
and continue the remaining items to October 5, 2015,with the exception of Public
Comments. The motion died for lack of a second.
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City Manager Parker asked that Agenda Items 5C and 7A be exempted from that motion. N
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Motion: Adjourn the meeting and continue the remaining items to October 5, d
2015 with the exception of Items 7A and 5C and Public Comments.
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RESULT: FAILED [5 TO 21 06:29;29 a
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Benito Barrios, Council Member, Ward 2
AYES: Valdivia, Barrios °
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NAYS: Marquez, Shorett, Johnson,Mulvihill 'o
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The meeting adjourned at 1:00 a.m. The next joint regular meeting of the Mayor and
Common Council and the Mayor and Common Council Acting as the Successor Agency
to the Redevelopment Agency is scheduled for 2:00 p.m., Monday, October 5, 2015.
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GEORGEANN "GIGI"HANNA >
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City Clerk
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By
Valerie R. Montoya 0:
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Deputy City Clerk W
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