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DOC ID: 4686
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Council Minutes
From: City Clerk M/CC Meeting Date: 10/17/2016
Prepared by: Georgeann "Gigi" Hanna,
Dept: City Clerk Ward(s): N/A
Subject:
Council Minutes -- October 10, 2016 (#4686)
Current Business Registration Certificate:
Financial Impact:
No Cost to the City
Motion: Approve the minutes of the Mayor and Common Council meeting of
October 10, 2016, as submitted.
Supporting Documents:
Oct_10_16_Jt_Adj_Reg (Draft) (DOC)
Updated: 10/11/2016 by Georgeann "Gigi" Hanna Packet Pg.10
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City of San Bernardino Mayor R. Carey Davis
300 North "D" Street Council Members
San Bernardino, CA 92418 Virginia Marquez
Benito Barrios
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http://www.sbcity,org John Valdivia
Fred Shorett
Henry Nickel
Bessine L. Richard
James Mulvihill
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DRAFT MINUTES
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JOINT ADJOURNED REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL °
OF THE CITY OF SAN BERNARDINO o
e
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING
AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING v
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 00
AND
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING
AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY o
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MONDAY, OCTOBER 10, 2016
COUNCIL CHAMBER
The Joint Adjourned Regular Meeting of the Mayor and Common Council of the City of
San Bernardino was called to order by Mayor R. Carey Davis at 6:08 p.m., Monday,
October 10, 2016, in the Council Chamber of City Hall, 300 North "D" Street (Lobby),
San Bernardino, California. U�
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Roll Call
Attendee Name Title Status Arrived
Virginia Marquez Council Member, Ward 1 Present 6:05 p.m. v
Benito J. Barrios Council Member, Ward 2 Absent ------
John Valdivia Council Member, Ward—3 Absent -----------
Fred Shorett Council Member, Ward 4 Present 6:05 p.m.
Henry Nickel Council Member, Ward 5 Present 6:02 p.m.
Bessine L. Richard Council Member, Ward 6 Absent -----------
James Mulvihill Council Member, Ward 7 Present 6:08 p.m.
R. Carey Davis Mayor Present _6:05 p.m.
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Georgeann "Gigi" Hanna City Clerk Present ' 6:05 p.m.
Gary D. Saenz City Attorney Present 6:05 p.m.
Mark Scott City Manager Present 6:05 p.m.
Mayor and Common Council of the City of San Bernardino Page 1 P
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Joint Adjourned Regular Meeting DRAFT Minutes October 10, 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
Lisa Matus, et al. v. City of San Bernardino, et al., San Bernardino
Superior Court, Case No. CIVDS1201235;
State of California, Regents of the University of California ex rel. On
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the Go Wireless vs. Cello Partnership dba Verizon Wireless, et al.,
Sacramento Superior Court Case No. 34-2012-127517.
Raymond Newberry, et al. v. County of San Bernardino, et al., United
States District Court Case No. CV14-02298 ,
Eric Hannifin, et al. v. Esli Castillo, et al., San Bernardino Superior
Court Case No. CIVDS1005742
B. Conference with legal counsel - anticipated litigation - significant exposure
to litigation - pursuant to Government Code Section 54956.9(d)(2). o
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C. Conference with legal counsel - anticipated litigation - initiation of litigation
- pursuant to Government Code Section 54956.9(d)(4). W
D. Closed Session - personnel - pursuant to Government Code
Section 54957(b):
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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 a
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
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G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8. E
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Reading of Resolutions and Ordinances
Deputy City Clerk Valerie Montoya read into the record the titles of all the resolutions
and ordinances on the agenda.
Invocation/Pledge of Allegiance
oo The invocation was given by Pastor Norman Copeland of St. Paul AME. Council
Member James Mulvihill led the Pledge of Allegiance. A moment of silent was observed
in memory of Michael Craft, San Bernardino resident and member of the Citizen-Based
Charter committee.
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Joint Adjourned Regular Meeting DRAFT Minutes October 10, 2016
2. Closed Session Report
City Attorney Gary Saenz reported the following actions:
Under Agenda Item No. 1 A, existing litigation:
In the matter of Lisa Matus, et al. v. City of San Bernardino, the Council gave
settlement direction by vote of 4-0, with Council Members Barrios, Valdivia and
Richard absent;
In the matter of State of California, Regents of the University of California ex
rel. On the Go Wireless vs. Cello Partnership dba Verizon Wireless, et al., o
the Council gave settlement direction by vote of 4-0, with Council Members o
Barrios, Valdivia and Richard absent;
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In the matter of Raymond Newberry, et al. v. County of San Bernardino, et 2
aL, the Council gave settlement direction by vote of 4-0, with Council Members
Barrios, Valdivia and Richard absent;
In the matter of Eric Hannifin, et al. v. Esli Castillo, et al., the Council gave
settlement direction by vote of 4-0, with Council Members Barrios, Valdivia and
Richard absent.
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3. Appointments
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3A. Mayor's Office
Appointment of Ms. Imogene Body to the Senior Affairs Commission - Council
Member Jim Mulvihill. o
Motion: Approve the appointment of Ms. Imogene Body to the Senior Affairs
Commission as requested by Council Member James Mulvihill.
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RESULT: ADOPTED [UNANIMOUS]
MOVER: Virginia Marquez, Council Member, Ward 1
SECONDER: Henry Nickel, Council Member, Ward 5 0�
AYES: Virginia Marquez, Fred Shorett, Henry Nickel, James Mulvihill
CABSENT: Benito J. Barrios, John Valdivia, Bessine L. Richard
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4. Presentations
4A. Special Recognition — Adam Lunt — Mayor R. Carey Davis Q
This presentation will be moved to a future meeting.
4B. Proclamation for Breast Cancer Awareness Month — Mayor R. Carey Davis
Jill Eaton, Executive Director of the Susan G. Komen Foundation of Temecula,
accepted the Proclamation from the Mayor.
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Joint Adjourned Regular Meeting DRAFT Minutes October 10, 2016
4C. Certificates of Recognition — Miss Cardinal 2016-2017 — Jazmin Villalobos —
Brenda Sanchez, First Runner Up; and Melinda Gutierrez-Popa, Second
Runner Up
Certificates were presented by Council Member Virginia Marquez to Jazmin
Villalobos, Miss Cardinal 2016-2017 and her court: First Runner Up Brenda
Sanchez; Second Runner Up Melinda Gutierrez-Popa. She also recognized
Jamie Rios for his work coordinating the program for San Bernardino High
School.
4D. Bankruptcy/Strategic Planning Update — Management Partners
No update was given.
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4E. Chamber of Commerce & Local Elected Officials Announcements N
Chamber Executive Director Judi Penman announced upcoming Chamber of °
Commerce events and activities, reported on the success of the recent Route 66
event hosted by the Chamber, and thanked supporters of the event.
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5. Consent Calendar
Agenda Item Nos. 5G, 51 and 5J were pulled from the consent calendar by
Council Member Henry Nickel for clarification.
5A. City Clerk 'o
Waive Full Reading of Resolutions and Ordinances
Motion: Waive full reading of resolutions and ordinances on the agenda v
dated October 3, 2016.
RESULT: ADOPTED [UNANIMOUS] o
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Virginia Marquez, Fred Shorett, Henry Nickel, James Mulvihill ai
ABSENT: Benito J. Barrios, John Valdivia, Bessine L. Richard �a
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5B. City Clerk
Council Minutes -- August 2016 0
Motion: Approve the Minutes of the Mayor and Common Council meetings
of August 1, 2016; August 4, 2016; and August 15, 2016, as s
submitted.
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RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Virginia Marquez, Fred Shorett, Henry Nickel, James Mulvihill
ABSENT: Benito J. Barrios, John Valdivia, Bessine L. Richard
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Joint Adjourned Regular Meeting DRAFT Minutes October 10, 2016
5C. City Clerk
Council Minutes -- September 19, 2016
. Motion: Approve the minutes of the Mayor and Common Council meeting of
September 19, 2016, as submitted.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Virginia Marquez, Fred Shorett, Henry Nickel, James Mulvihill
ABSENT: Benito J. Barrios, John Valdivia, Bessine L. Richard o
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5D. Civil Service
Personnel Actions - Classified
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Motion: Approve the classified personnel actions, as submitted by the
Chief Examiner, in accordance with Civil Service rules and N
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Personnel policies adopted by the Mayor and Common Council of
the City of San Bernardino.
E RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4 U
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Virginia Marquez, Fred Shorett, Henry Nickel, James Mulvihill
ABSENT: Benito J. Barrios, John Valdivia, Bessine L. Richard
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5E. Community Development
ORD. MC-1429 - Ordinance of the Mayor and Common Council of the City of
San Bernardino Approving Development Code Amendment 16-04 Amending ai
Chapter 19.22 (Sign Regulations), Section 19.22.030 (Definitions) and Section
19.22.150(C)(3) (Multi-Tenant Centers) of the Development Code (Title 19) of the �I
San Bernardino Municipal Code. (FINAL READING) o
RES. 2016-206 - Resolution of the Mayor and Common Council of the City of
San Bernardino Adopting a Categorical Exemption and Approving the
Amendment to Sign Program 15-04 to Allow More Than Three (3) Tenant Panels
for the Pylon Sign Located at 1831 W. Northpark Boulevard (APN: 0151-361-43)
Within the Commercial General-University Village (CG-3) Zone.
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Motion: Adopt the Ordinance.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Virginia Marquez, Fred Shorett, Henry Nickel, James Mulvihill
ABSENT: Benito J. Barrios, John Valdivia, Bessine L. Richard
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Joint Adjourned Regular Meeting DRAFT Minutes October 10, 2016
5F. Finance
Approval of Commercial Checks and Payroll Checks
Motion: Approve the claims and payroll and authorize the issuance of
warrants as listed.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Virginia Marquez, Fred Shorett, Henry Nickel, James Mulvihill
ABSENT: Benito J. Barrios, John Valdivia, Bessine L. Richard :=
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5G. Finance o
RES. 2016-207 - Resolution of the Mayor and Common Council of the City of o
San Bernardino Approving the Fiscal Year 2015-16 Continuing Appropriations ;
and Encumbrance Carryovers and Amend the Fiscal Year 2016-17 Budget to
Include the Approved Fiscal Year 2015-16 Continuing Appropriations and =
Encumbrance Carryovers.
Public Comments: c
Scott Olson, San Bernardino
Motion: Adopt the Resolution 00
RESULT: ADOPTED [UNANIMOUS]
MOVER: Henry Nickel, Council Member, Ward 5 0
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Virginia Marquez, Fred Shorett, Henry Nickel, James Mulvihill
ABSENT: Benito J. Barrios, John Valdivia, Bessine L. Richard ¢i
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5H. Human Resources °
Personnel Actions - Unclassified Y�
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Motion: Approve the unclassified personnel actions, as submitted by the
Interim Director of Human Resources, in accordance with City CD
policies and procedures.
RESULT: ADOPTED [UNANIMOUS] a
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Virginia Marquez, Fred Shorett, Henry Nickel, James Mulvihill
ABSENT: Benito J. Barrios, John Valdivia, Bessine L. Richard
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Joint Adjourned Regular Meeting DRAFT Minutes October 10, 2016
51. Police
RES. 2016-208 - Resolution of the Mayor and Common Council of the City of
San Bernardino Approving and Adopting the City's Updated Emergency
Operations Plan (EOP).
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Fred Shorett, Council Member, Ward 4
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AYES: Virginia Marquez, Fred Shorett, Henry Nickel, James Mulvihill
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ABSENT: Benito J. Barrios, John Valdivia, Bessine L. Richard N
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5J. Police
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RES. 2016-209 - Resolution of the Mayor and Common Council of the City of
San Bernardino Approving and Adopting the City's Updated Local Hazard
Mitigation Plan (LHMP) and Authorizing Submittal of the LHMP to the Regional
Federal Emergency Management Agency Office.
Motion: Adopt the Resolution.
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RESULT: ADOPTED [UNANIMOUS] o
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Fred Shorett, Council Member, Ward 4
w- AYES: Virginia Marquez, Fred Shorett, Henry Nickel, James Mulvihill
ABSENT: Benito J. Barrios, John Valdivia, Bessine L. Richard
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5K. Police
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RES. 2016-210 - Resolution of the Mayor and Common Council of the City of
San Bernardino Ratifying the Submittal of a Law Enforcement Hiring Grant from ¢i
the Department of Justice Community Oriented Policing Services in the Amount
of $1,375,000 and Authorizing the Police Department to Accept and Administer
the Grant. o�
Motion: Adopt the Resolution. o
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Virginia Marquez, Fred Shorett, Henry Nickel, James Mulvihill a
ABSENT: Benito J. Barrios, John Valdivia, Bessine L. Richard
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Joint Adjourned Regular Meeting DRAFT Minutes October 10, 2016
5L. Police
RES. 2016-211 - Resolution of the Mayor and Common Council of the City of
*4=0r San Bernardino Ratifying the Submittal of an Application for a Selective Traffic
Enforcement Program (STEP) Grant from the State of California Office of Traffic
Safety (OTS) in the Amount of No More Than $430,000.00 and Authorizing the
Police Department to Accept and Administer the Grant.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4 N
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Virginia Marquez, Fred Shorett, Henry Nickel, James Mulvihill
ABSENT: Benito J. Barrios, John Valdivia, Bessine L. Richard °
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5M. Successor Agency
RES. 2016-212 - Resolution of the Board of the San Bernardino Joint Powers =_
Financing Authority Establishing Regular Meeting Dates and Appointing
Secretary and General Counsel.
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Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7 °
AYES: Virginia Marquez, Fred Shorett, Henry Nickel, James Mulvihill
ABSENT: Benito J. Barrios, John Valdivia, Bessine L. Richard
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5N. Successor Agency
RES. 2016-213 - 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 O
Trust in Connection with a Refinancing of the Senior Mortgage Relating to Real
Property Located at 1565 Coulston St#19, San Bernardino, California. s
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Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Virginia Marquez, Fred Shorett, Henry Nickel, James Mulvihill
• ABSENT: Benito J. Barrios, John Valdivia, Bessine L. Richard
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Joint Adjourned Regular Meeting DRAFT Minutes October 10, 2016
6. Staff Reports
6A. Council Office
Discuss and Take Possible Action Regarding the Reconsideration of General Plan
Amendment 16-03 and Development Code Amendment 15-01 for Mary's Village a Men's
Residential Complex for Up to 85 Residents.
Council Member Henry Nickel made a motion to table the matter; it died for lack of a
second.
After questions about the timing of presenting the Council with a citywide homeless
strategy and conducting a workshop on the matter, City Manager Mark Scott said he c
could do it within a month.
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Public Comments:
Scott Olson, San Bernardino g
Betty Jean Long, San Bernardino p
Margie Arnett, San Bernardino
Kent Paxton, on behalf of Supervisor Josie Gonzalez a
Kathleen McDonnell, San Bernardino
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Father Michael Barry, San Bernardino
Joann Claytar, San Bernardino
Landon Bouche, Murrieta ;
Terry Kent, Glendora
Ray Osbourne, of Home AID Inland Empire
John Morrisey, Upland 00
Gertrude Freidel, San Bernardino
Pastor Joshua Beckley, San Bernardino
Sergio Luna, San Bernardino 0
Pastor Rick Alanis, San Bernardino --
Danny Marquez, Bloomington
Pastor Scotty Lloyd, San Bernardino i
Deanna Adams, San Bernardino
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Johnetta Davis, San Bernardino
Robert Porter, San Bernardino
Meredith Hall
Aaron Cox, San Bernardino
Jay Lindberg, San Bernardino
Cesares Perez, Highland O
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Motion: Direct staff to publish a new public hearing notice for reconsideration of E
General Plan Amendment 16-03 and Development Code Amendment 15-
01.
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RESULT: FAILED [3 TO 1]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Virginia Marquez, Fred Shorett, James Mulvihill
NAYS: Henry Nickel
ABSENT: Benito J. Barrios, John Valdivia, Bessine L. Richard
Mayor and Common Council of the City of San Bernardino Page 9 P
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Joint Adjourned Regular Meeting DRAFT Minutes October 10, 2016
6B. City Manager
Discussion Regarding Code Amendment to Allow Commercial Parking
Operations on Unpaved Property.
No vote was taken.
6C. Council Office
San Bernardino Hometown Heroes Military Banner Program
Council Member Virginia Marquez provided a verbal update on the program.
No vote was taken. N
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6D. Mayor's Office
Discuss and Take Possible Action Regarding the Committee Report on California o
Partnerships for Safe Communities and Operation Ceasefire. o
Chris Lopez, Chief of Staff for Mayor Davis, provided a PowerPoint presentation
delineating the program and its success in other cities to reduce overall violence.
Police Chief Burguan said he was supportive of the program.
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Public Comments: o
Keisha McGee, Highland
Marciano Avilla, Highland
Etai Cardona, Desert Hot Springs y
Pastor Norman Copeland, San Bernardino
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Motion: Direct the City Manager to negotiate a sole source contract with
California Partnerships to be brought back and approved by the (D�
Common Council in November 2016.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Virginia Marquez, Council Member, Ward 1 °
AYES: Virginia Marquez, Fred Shorett, Henry Nickel, James Mulvihill
ABSENT: Benito J. Barrios, John Valdivia, Bessine L. Richard
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7. Public Comments on Items not on Agenda a
Margie Arnett, San Bernardino, provided a letter opposing the three marijuana
items on the local ballot and asked that it be placed in the record.
Shirley Harlan, San Bernardino, said residents should register and vote because
the Charter was an important issue.
Scott Olson, San Bernardino, spoke about the proposed new Charter and said
blaming the problems of the City on a piece of paper was dysfunctional.
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Joint Adjourned Regular Meeting DRAFT Minutes October 10, 2016
Deanna Adams, San Bernardino, spoke about Former Oakland Mayor Jerry
Brown's support of a strong Mayor to fix the City of Oakland.
Robert Porter, San Bernardino, said he felt that Council Member Nickel had
been bullied to vote in favor of Item 6A. He said the Mayor needed to put more
effort into lowering the city's murder rate.
Sandra Ibarra, San Bernardino, said she opposed Agenda Item 6A and said it
would attract more homeless. She also decried the shortened public speaking
time.
James Albert, San Bernardino, proposed that the Mayor and City Council adopt Cq
a resolution to commemorate the indigenous people in the City and said that we
should recognize that we are a City of immigrants.
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James Penman, San Bernardino, spoke to correct misinformation provided by a o
previous speaker concerning the Rendezvous Back to Route 66. He also said ;
Measure L removes the ability for people to vote for City Attorney, City Clerk and
City Treasurer and replaces a strong mayor with someone who cannot be
removed by the voters.
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Jay Lindberg, San Bernardino, spoke about methane and passed out a letter to
the Council concerning the issue. U
Jim Smith, San Bernardino, spoke in favor of Measure L.
8. Items to be Referred to Council Committees
There were no items referred to committee.
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9. Announcements from Mayor, Common Council and Executive
Staff a�
10. Adjournment
The meeting adjourned at 11:26 p.m. The next joint regular meeting of the Mayor °1
and Common Council and the Mayor and Common Council Acting as the o
Successor Agency to the Redevelopment Agency is scheduled for 2:00 p.m.,
Monday, October 17, 2016. 0
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By: a
GEORGEANN "GIGI" Hanna
City Clerk
Mayor and Common Council of the City of San Bernardino Page 11 P
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