HomeMy WebLinkAbout05.B- Council Minutes Approval for 2/1/2016 5.B
DOC ID: 4277
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Ar is Council Minutes
From: Georgeann "Gigi" Hanna M/CC Meeting Date: 02/16/2016
Prepared by: Georgeann "Gigi" Hanna,
Dept: City Clerk Ward(s): All
Subject:
Council Minutes - February 1, 2016 (#4277)
Current Business Registration Certificate: Not Applicable
Financial Impact:
N/A
Motion: Approve the Minutes of the Mayor and Common Council Meeting of
February 1, 2016.
Supporting Documents:
02-01-2016 Jt. Reg. (Draft)_LS_VM_gh (DOC)
Updated: 2/10/2016 by Georaeann "Giai" Hanna Packet Pg. 14
City of San Bernardino Mayor R. Carey Davis
300 North "D" Street Council Members
o San Bernardino CA 92418 g q
>. x Virginia Marquez
Benito Barrios
http://www.sbcity.org John Valdivia
Fred Shorett
rD 1K Henry Nickel
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Rikke Johnson c
Jim Mulvihill N
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DRAFT MINUTES U.
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JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL d
OF THE CITY OF SAN BERNARDINO 3
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING
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AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
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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 a
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MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING
AS THE HOUSING AUTHORITY
MONDAY, FEBRUARY 1, 2016 Ni
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., Monday, February 1, 2016, in the
Council Chamber of City Hall, 300 North "D" Street(Lobby), San Bernardino, California.
Roll Call N
Atten�dee_Name__ .._ _ _Title Statu_s �Arrived�.._.
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Virginia Marquez Council Member, Ward 1
Present 2:00 p.m. °.
Benito J. Barrios Council Member, Ward 2 Present 2:22 p.m.
John Valdivia Council Member, Ward 3 Present 5:40 p.m.
Fred Shorett , Council Member,Ward 4 Present ` 2:00 p.m.
Henry Nickel Council Member, Ward 5 Absent 5 ----------- Q
Rikke Johnson_ Council Member, Ward 6 Present i 2:00p.m _�,
James Mulvihill k Council Member, Ward 7 Present 2:00 pm.
R. Carey Davis Mayor Present 2:00 p.m.
Georgeann "Gigi" Hanna ; City Clerk Present 2:00 p.m.
Gary D. Saenz City Attorney Present 2:00 p.m.
Jarrod Burguan Interim City Manager Present i 2:00 p.m.
Mayor and Common Council of the City of San Bernardino Page 1
1-1 Packet Pg. 15
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Joint Regular Meeting Minutes February 1, 2016
1. Closed Session— Pursuant to Government Code Sections(s):
A. Conference with legal counsel - existing litigation-pursuant to Government Code
Section 54956.9(a) and (d)(1):
In re: City of San Bernardino - U.S. Bankruptcy Court, Case No. 6:12-bk-
28006 MJ;
Darren Longnecker v. City-WCAB Case No. ADJ9190680; N
Carl Williams v. City-WCAB Case No. ADJ9634066.
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B. Conference with legal counsel - anticipated litigation - significant exposure to LL
litigation-pursuant to Government Code Section 54956.9(d)(2): c
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One (1) Item
Claim of Joseph Shuck
C. Conference with legal counsel - anticipated litigation - initiation of litigation -
pursuant to Government Code Section 54956.9(d)(4): 'o
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City v. McDaniel Q
D. Closed Session- personnel -pursuant to Government Code Section 54957(b).
E. Closed session with Chief of Police on matters posing a threat to the security of a�
public buildings or threat to the public's right of access to public services or
public facilities - pursuant to Government Code Section 54957(a). NI
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F. Conference with labor negotiator - pursuant to Government Code Section
54957.6. L
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G. Conference with real property negotiator - pursuant to Government Code Section
54956.8:
Property: 280 South "E" Street, San Bernardino, CA 92401 N
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Reading of Resolutions and Ordinances c
Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances
on the agenda.
Invocation/Pledge of Allegiance
The invocation was given by Elder Anderson from the Church of Jesus Christ of Latter-day a
Saints. The Pledge of Allegiance was led by Elisama Sagal, a sixth grade student at Warm
Springs Elementary School.
Mayor and Common Council of the City of San Bernardino Page 2
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Joint Regular Meeting Minutes February 1, 2016
2. Closed Session Report
City Attorney Saenz reported the following actions:
Under Agenda Item No. 1 A, existing litigation:
In the matter of Darren Longnecker v City, the Council gave settlement directive by
vote of 5-0 with Council Members Valdivia and Nickel absent;
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In the matter of Carl Williams v City, the Council gave settlement directive by vote N
of 5-0 with Council Members Valdivia and Nickel absent. ,
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Under Agenda Item No. 1B, anticipated litigation, significant exposure to litigation:
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In the matter of the Claim of Joseph Shuck, the Council gave settlement directive by
vote of 5-0 with Council Members Valdivia and Nickel absent.
Under Agenda Item No. 1 C, anticipated litigation, initiation of litigation:
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In the matter of City v McDaniel, the Council gave settlement directive by vote of
5-0 with Council Members Valdivia and Nickel absent. 0-
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3. Appointments
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3A. Mayor's Office
Appointment of Janette McKaig to the Parks & Recreation Commission - Council
Member Jim Mulvihill >
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Motion: Approve the appointment of Janette McKaig to the Parks & Recreation ^i
Commission as requested by Council Member Jim Mulvihill.
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RESULT: ADOPTED [UNANIMOUS] 00:03;561
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez,Barrios, Shorett, Johnson, Mulvihill c
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ABSENT: John Valdivia, Henry Nickel c
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3B. Mayor's Office
Appointment of Joyce P. Seeger to the Fine Arts Commission - Council Member Henry E
Nickel
Motion: Approve the appointment of Joyce P. Seeger to the Fine Arts Commission Q
as requested by Council Member Henry Nickel.
' 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 3
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Joint Regular Meeting Minutes February 1, 2016
RESULT: ADOPTED [UNANIMOUS] 00:03;56
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Shorett, Johnson, Mulvihill
ABSENT: John Valdivia, Henry Nickel
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4. Presentations
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4A. Certificates of Appreciation to 6th Ward Commissioners — Council Member Rikke
Johnson o
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4B. Black History Month—Hardy Brown II—Council Member Rikke Johnson Q
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4C. Resolution to Reserve Officer Richard Dewberry in Appreciation for 50 Years of
Voluntary Service to the San Bernardino Police Department Reserve Unit —Council °
Member Fred Shorett and Police Chief Jarrod Burguan o
Chief Burguan also presented Mr. Dewberry with the San Bernardino Police Department a
Reserve Officer of the Year Award for 2015 and his 50-year pin. Q
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4D. Status Update Regarding the "E" Street Park Construction Project — San
Bernardino Valley Municipal Water District Manager of Engineering Wen Huang
and Parks, Recreation & Community Services Director Mickey Valdivia o�
4E. Bankruptcy, Strategic Planning and Charter Committee Updates — Management yi
Partners
Andrew Belknap, Regional Vice President, Management Partners, Inc., reported that at a
public hearing on January 27, 2016, held in the Council Chamber of City Hall, the Local o
Agency Formation Commission (LAFCO) voted unanimously in favor of the City's
annexation into the County Fire Protection District subject to the City's compliance with
the conditions of approval. He said the annexation solidified a major component of the
City's bankruptcy recovery plan and was a major step in that regard along with the to
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contract that the Council recently approved for the solid waste franchise. Mr. Belknap N
stated that there was also an agreement with City Firefighters in connection with the c
annexation that would allow the City to wrap up some existing litigation issues. o
4F. Chamber of Commerce & Local Elected Officials Announcements
Roger Henderson announced upcoming Chamber events and activities.
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5. Consent Calendar
5A. City Clerk
Waive Full Reading of Resolutions and Ordinances
Motion: Waive full reading of resolutions and ordinances on the agenda dated
February 1, 2016.
Mayor and Common Council of the City of San Bernardino Page 4
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Joint Regular Meeting Minutes February 1, 2016
RESULT: ADOPTED [UNANIMOUS] 1:41;41
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett, Johnson, Mulvihill
ABSENT: Henry Nickel
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5B. City Clerk
Council Minutes - December 2, 2015; December 7, 2015; December 15, 2015; and
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December 21, 2015
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Council Member Johnson stated he would abstain on the Minutes of December 15, 2015, °
because he was not present at that meeting. a
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Motion: Approve the Minutes of the Mayor and Common Council Meetings of
December 2, 2015; December 7, 2015; December 15, 2015; and December o
21, 2015. >
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RESULT: ADOPTED [UNANIMOUS] 1:41;41 a
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member, Ward 3 N
AYES: Marquez, Barrios, Valdivia, Shorett, Johnson, Mulvihill
ABSENT: Henry Nickel �►
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5C. City Clerk Cni
Council Minutes - January 4, 2016; January 19, 2016; and January 25, 2016
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Motion: Approve the Minutes of the Mayor and Common Council Meetings of
January 4, 2016; January 19, 2016; and January 25, 2016.
RESULT: ADOPTED [UNANIMOUS] 1:41;41 c
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MOVER: Fred Shorett, Council Member, Ward 4 N
SECONDER: John Valdivia, Council Member, Ward 3 0
AYES: Marquez, Barrios, Valdivia, Shorett, Johnson, Mulvihill o
ABSENT: Henry Nickel
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5D. City Manager
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Resolution of the Mayor and Common Council of the City of San Bernardino Approving Q
a Bond Expenditure Agreement with the Successor Agency to the Redevelopment
Agency of the City of San Bernardino and Approving Certain Related Actions.
Bill Manis, Deputy City Manager, stated that at today's meeting of the Oversight Board,
staff was asked to prepare a spending plan; therefore, he requested that the item be pulled
from the agenda.
Mayor and Common Council of the City of San Bernardino Page 5
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Joint Regular Meeting Minutes February 1, 2016
Consensus: Table.
5E. City Manager
RES. 2016-11 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Submittal of a Housing Related Parks Program Application
to the California Department of Housing and Community Development.
Motion: Adopt the Resolution. Z
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RESULT: ADOPTED [UNANIMOUS] 1:45;40
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Virginia Marquez, Council Member, Ward 1
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AYES: Marquez, Barrios,Valdivia, Shorett, Johnson, Mulvihill LL
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ABSENT: Henry Nickel °
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5F. City Attorney
RES. 2016-12 — Resolution of the Mayor and Common Council of the City of San o
Bernardino Authorizing the Mayor to Execute a Global Settlement Agreement with the -
San Bernardino Professional Firefighters Union. L
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Public Comments: a
Scott Olson, San Bernardino
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Motion: Adopt the Resolution. _
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RESULT: ADOPTED [UNANIMOUS] 1:46;29
MOVER: John Valdivia, Council Member, Ward 3 CI
SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Barrios,Valdivia, Shorett, Johnson, Mulvihill
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ABSENT: Henry Nickel
5G. Civil Service
Personnel Actions - Classified `O
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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 o
adopted by the Mayor and Common Council of the City of San
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Bernardino. E
RESULT: ADOPTED [UNANIMOUS] 1:41;41 a
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett, Johnson, Mulvihill
ABSENT: Henry Nickel
Mayor and Common Council of the City of San Bernardino Page 6
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Joint Regular Meeting Minutes February 1, 2016
511. Finance
RES. 2016-13 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of Consultant Services Agreements Between
Consultant Maggie DeMauro and the City of San Bernardino and Ronak Desai dba R.T
Desai &Associates and the City of San Bernardino.
Motion: Adopt the Resolution.
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RESULT: ADOPTED [UNANIMOUS] 1:41;41 w
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member, Ward 3 L
AYES: Marquez, Barrios,Valdivia, Shorett, Johnson, Mulvihill
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ABSENT: Henry Nickel 10-
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51. Finance c
Approval of Commercial Checks and Payroll Checks
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Motion: Approve the claims and payroll and authorize the issuance of warrants as
listed. 0 Q
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RESULT: ADOPTED [UNANIMOUS] 1:41;41
MOVER: Fred Shorett, Council Member, Ward 4 N
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett, Johnson,Mulvihill
ABSENT: Henry Nickel >i
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5J. Finance w
RES. 2016-14 — Resolution of the Mayor and Common Council of the City of San o
Bernardino Acting as the Successor Agency to the Redevelopment Agency of the City of
San Bernardino Approving a Resolution of Intention to Approve a Contract Between the
Board of Administration California Public Employees' Retirement System and the Mayor
and Common Council of the City of San Bernardino Acting as the Successor Agency to cTo
the Redevelopment Agency of the City of San Bernardino. �°,,
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Motion: Adopt the Resolution. o
RESULT: ADOPTED [UNANIMOUS] 1:41;41
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member, Ward 3 Q
AYES: Marquez, Barrios, Valdivia, Shorett, Johnson, Mulvihill
ABSENT: Henry Nickel
Mayor and Common Council of the City of San Bernardino Page 7
Packet Pg. 21
Joint Regular Meeting Minutes February 1, 2016
5K. Human Resources
RES. 2016-15 — Resolution of the Mayor and Common Council of the City of San
Bernardino Approving Revised Job Descriptions for the Assistant Planner/Associate
Planner(Flex) Position and the Associate Planner Position.
Motion: Adopt the Resolution.
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RESULT: ADOPTED [UNANIMOUS] 1:41;41
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett, Johnson, Mulvihill
ABSENT: Henry Nickel U-
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5L. Police
RES. 2016-16 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Submission of the Updated California Emergency
Management Agency(Cal EMA) Form 130-Designation of Applicant's Agent Resolution 0
to the State of California Emergency Management Agency. >
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Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 1:41;41 N
IL MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez,Barrios, Valdivia, Shorett, Johnson,Mulvihill >1
ABSENT: Henry Nickel
5M. Public Works
RES. 2016-17 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Establishment of On Street Diagonal Parking on the South
Side of 4 th Street, from "D" Street to "E" Street.
Motion: Adopt the Resolution.
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RESULT: ADOPTED [UNANIMOUS] 1:41;41 9
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member, Ward 3
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AYES: Marquez,Barrios, Valdivia, Shorett, Johnson, Mulvihill
ABSENT: Henry Nickel
5N. Public Works
RES. 2016-18 — Resolution of the Mayor and Common Council of the City of San
L Bernardino Authorizing the Execution of an Agreement with Superdry Restoration Inc.
for Emergency Restoration Services.
Motion: Adopt the Resolution.
Mayor and Common Council of the City of San Bernardino Page 8
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Joint Regular Meeting Minutes February 1, 2016
RESULT: ADOPTED [UNANIMOUS] 1:41;41
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MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member,Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett, Johnson, Mulvihill
ABSENT: Henry Nickel
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50. Successor Agency N
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 Bond Expenditure Agreement with the City of San Bernardino and
Approving Certain Related Actions. LL
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Bill Manis, Deputy City Manager, stated that at today's meeting of the Oversight Board,
staff was asked to prepare a spending plan; therefore, he requested that the item be pulled 3
from the agenda.
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Consensus: Table.
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6. Staff Reports a
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6A. City Clerk N
Selection of 2016 City Delegate and Alternate to the Southern California Association of
Governments (SCAG) General Assembly(GA)
Motion: Approve the selection of Council Member Shorett as delegate and Ni
Council Member Valdivia as alternate to the 2016 Southern California
Association of Governments (SCAG) General Assembly (GA) May 5 - 6,
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2016 in La Quinta California. o
RESULT: ADOPTED [UNANIMOUS] 1:48;00
MOVER: James Mulvihill, Council Member, Ward 7
SECONDER: Virginia Marquez, Council Member, Ward 1
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AYES: Marquez, Barrios,Valdivia, Shorett, Johnson, Mulvihill N
ABSENT: Henry Nickel °
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7. Public Comments on Items Not on the Agenda
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Rory Murray, San Bernardino, announced that on Saturday, February 6, 2016, from 1-4
p.m., Cartoonist Phil Ortiz would be signing autographs and painting his Simpson Q
characters on the mural at the McDonald's Museum located at the corner of"E" and 14th
Streets. Mr. Murray stated that at the Council meeting following the tragedy that
occurred on December 2, 2015, he debuted the song, "We Will Rise." He announced that
the song had been recorded and produced by his friend, Dennis Hackett, and that it was
available to listen to and download at cdbaby.com.
Mayor and Common Council of the City of San Bernardino Page 9
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Joint Regular Meeting Minutes February 1, 2016
Scott Olson, San Bernardino, announced the names of the candidates he was supporting
for City Council in the 6th and 7th Wards.
Robert Porter, San Bernardino, announced the name of the 7th Ward City Council
candidate he would be voting for in the February 2, 2016, run-off election.
Dolores Armstead, San Bernardino, stated that she was excited about the "E" Street Park
Construction Project, and urged the City to consider using local contractors. o
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8. Items to be Referred to Council Committees
None. L
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9. Announcements by Mayor, Council And Executive Staff ,o
10. Adjournment
The meeting adjourned at 6:17 p.m. The next joint regular meeting of the Mayor and
Common Council and the Mayor and Common Council Acting as the Successor Agency °
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to the Redevelopment Agency is scheduled for 2:00 p.m., Tuesday, February 16, 2016. 0-
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GEORGEANN "GIGI"HANNA, CMC
City Clerk C*4
By:
Linda Sutherland >
Deputy City Clerk CI
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Mayor and Common Council of the City of San Bernardino Page 10
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