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DOC ID: 4688
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Council Minutes
From: Georgeann "Gigi" Hanna M/CC Meeting Date: 11/21/2016
Prepared by: Georgeann "Gigi" Hanna,
Dept: City Clerk Ward(s): N/A
Subject:
Council Minutes --November 7, 2016 (#4688)
Current Business Registration Certificate:
Financial Impact:
No Cost to the City
Motion: Approve the minutes of the Mayor and Common Council meeting of
November 7, 2016, as submitted.
Supporting Documents:
Nov_7_16_Jt Reg (Draft)_gh (DOC)
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Updated: 11/16/2016 by Georgeann "Gigi" Hanna Packet Pg. 14
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Mayor R. Carey Davis
City of San Bernardino
300 North "D" Street Council Members
San Bernardino, CA 92418
Virginia Marquez
Benito Barrios
htt 1/ w.sbC'ut °or g
John Valdivia
Fred Shorett
rlr_ Henry Nickel
Bessine L. Richard
James Mulvihill
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DRAFT MINUTES
JOINT ADJOURNED REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO 0
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING
AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY 1�
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MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING
AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY
0
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING
AS THE HOUSING AUTHORITY o
AND
MAYOR AND COMMON COUNCIL OF: THE CITY OF SAN BERNARDINO ACTING AS THE SAN
BERNARDINO JOINT POWERS FINANCING AUTHORITY
M
MONDAY, NOVEMBER 7, 2016 n
COUNCIL CHAMBER
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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 4:12 p.m., Monday, November 7,
2016, in the Council Chamber of City Hall, 300 North "D" Street (Lobby), San Bernardino, r.l
California. a1
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Roll Call Z
Attendee Name Title Status Arrived
Virginia Marquez Council Member, Ward 1 Present 2:00 p.m. U
Benito J. Barrios Council Member, Ward 2 Late 2:31 p.m.
John Valdivia Council Member, Ward 3 Late 2:25 p.m.
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Fred Shorett Council Member, Ward 4 Late 5:01 p.m.
Henry Nickel Council Member, Ward 5 Present 2:00 p.m.
Bessine L. Richard Council Member, Ward 6 Present 2:00 p.m.
James Mulvihill Council Member, Ward 7 Present 2:00 p.m.
R. Carey Davis Mayor Present 2:00 p.m.
Georgeann "Gigi" Hanna City Clerk Present 2:00 P.M.
Gary D. Saenz City Attorney Present 2:00 p.m.
Mark Scott City Manager Present 2:00 p.m.
Mayor and Common Council of the City of San Bernardino Page 1 P
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Joint Regular Meeting DRAFT Minutes November 7, 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
Enrique Savoeurn v. C. Lariz, et al. - San Bernardino Superior Court,
Case No. CIVDS1602471;
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Xaver Priest v. City of San Bernardino - San Bernardino Superior
Court, Case No. CIVDS1400457;
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Jose Zamora, et al. v. 9 Unidentified San Bernardino City Police o
Officers, et al. - San Bernardino Superior Court, Case No. z
CIVDS1513869;
Rogelio Quiroga v. Officer J. Betts - United States District Court,
Case No. CV11-02029 VAP (DTBx); —
Corey Day v. City of San Bernardino, et al. - United States District 0
Court, Case No. CV13-00362 JGB (SP);
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Michael Street v. City of San Bernardino, et al. - San Bernardino
Superior Court, Case No. CIVDS910518.
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B. Conference with legal counsel - anticipated litigation - significant exposure
to litigation - pursuant to Government Code Section 54956.9(d)(2). o
C. Conference with legal counsel - anticipated litigation - initiation of litigation
- pursuant to Government Code Section 54956.9(d)(4).
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City v. Estela Garibay
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D. Closed Session - personnel - pursuant to Government Code Section z
54957(b).
E. Closed Session with Chief of Police on matters posing a threat to the E
security of public buildings or threat to the public's right of access to public
services or public facilities - pursuant to Government Code Section
54957(a).
F. Conference with labor negotiator - pursuant to Government Code Section
54957.6.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
Mayor and Common Council of the City of San Bernardino Page 2
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Joint Regular Meeting DRAFT Minutes November 7, 2016
Reading of Resolutions and Ordinances
Deputy City Clerk Valerie Montoya read into the record the titles of all the resolutions
and ordinances on the agenda.
Invocation/Pledge of Allegiance
The invocation was given by Dr. Clyde Stewart of Westside Christian Center. The
Pledge of Allegiance was led by Saria Silva-Salas, a sixth grade student from Davidson
Elementary School.
2. Closed Session Report
City Attorney Gary Saenz reported the following actions:
Under Agenda Item No. 1A, existing litigation:
In the matter of Enrique Savoeurn v. C. Lariz, et al., the Council gave E
settlement direction by vote of 4-0, with Council Members Shorett and >
Barrios absent and Council Member Valdivia abstaining; z
In the matter of Xaver Priest v. City of San Bernardino, the Council
gave settlement direction by vote of 4-0, with Council Members Shorett, _
Barrios and Nickel absent;
In the matter of Jose Zamora, et al. v. 9 Unidentified San Bernardino
City Police Officers, the Council gave settlement direction by vote of 5-1, c0
with Council Member Shorett absent and Councilmember Valdivia voting
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No; co
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In the matter of Rogelio Quiroga v. Officer J. Betts, the Council gave =
settlement direction by vote of 5-1, with Council Member Shorett absent
and Council Member Barrios voting No;
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In the matter of Corey Day v. City of San Bernardino, the Council gave °
settlement direction by vote of 6-0, with Council Member Shorett absent;
In the matter of Michael Street v. City of San Bernardino, the Council
gave settlement direction by vote of 6-0, with Council Member Shorett
absent. '
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Under Agenda Item No. 1 C, initiation of litigation: z
In the matter of City v. Estela Garibay, the Council gave direction by vote
of 6-0, with Council Member Shorett absent.
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3. Appointments
No appointments were made at this meeting.
Mayor and Common Council of the City of San Bernardino Page 3
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Joint Regular Meeting DRAFT Minutes November 7, 2016
4. Presentations
4A. Special Recognition — Adam Lunt— Mayor R. Carey Davis
Adam Lunt was presented a certificate by Mayor Davis in recognition of his
academic and athletic achievements.
4B. Resolution Recognizing Steve and Linda Sutherland — Retiring from "Fun
Corner" — Council Member Barrios
Steve and Linda Sutherland accepted the resolution in their honor, and
presented the City with a historic photo of Baseline.
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4C. Bankruptcy/Strategic Planning Update -- Management Partners
No announcement was made regarding the bankruptcy.
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4D. Chamber of Commerce & Local Elected Officials Announcements °
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Chamber member Alyssa King announced upcoming Chamber of Commerce
events and activities.
5. Consent Calendar
Council Member Marquez pulled Agenda Items 5B and 5T from the Consent
Calendar for separate discussion. Council Member Valdivia pulled Agenda Items v
5D, 5E, 5H, 5J, 5M, 5R, 5S; and 5T. Council Member Nickel pulled Agenda Items
50, 51-1 and 5V. co
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RESULT: ADOPTED [6-0]
MOVER: John Valdivia, Council Member, Ward 3
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SECONDER: Jim Mulvihill, Council Member, Ward 7 °
AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill
ABSENT: Shorett r�
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5A. City Clerk
Waive Full Reading of Resolutions and Ordinances [Ward(s): All] o
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Motion: Waive full reading of resolutions and ordinances on the agenda
dated November 7, 2016. E
RESULT: ADOPTED [6-0] a
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill
ABSENT: Shorett
Mayor and Common Council of the City of San Bernardino Page 4
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Joint Regular Meeting DRAFT Minutes November 7, 2016
5B. City Clerk
Council Minutes -- October 17, 2016 [Ward(s): N/A]
Council Member Marquez asked that the minutes reflect that the Estrella family
sang the "National Anthem," "God Bless America," and "I'm Proud to Be an
American".
Motion: Approve the minutes of the Mayor and Common Council meeting of
October 17, 2016, as amended.
RESULT: ADOPTED [6-0] `O
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MOVER: John Valdivia, Council Member, Ward 3 N
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill E
ABSENT: Shorett >
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5C. Civil Service
Personnel Actions - Classified [Ward(s): All]
Motion: Approve the classified personnel actions, as submitted by the
Chief Examiner, in accordance with Civil Service rules and c
Personnel policies adopted by the Mayor and Common Council of 0
the City of San Bernardino.
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RESULT: ADOPTED [6-0] s
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill °
ABSENT: Shorett
5D. Community Development (01 r
ORD. MC-1430 - Ordinance of the Mayor and Common Council of the City of
San Bernardino Approving Development Code Amendment 16-06 Amending o
Chapter 19.06 (Commercial Zones) Section 19.06.030(2)(Q) (Development Z
Standards)(Specific Standards for Commercial Zones) (Recycling Facilities for
Reusable Domestic Containers) of the Development Code (Title 19) of the San E
Bernardino Municipal Code to Establish Development Standards and an
Approval Process for Unattended Collection Boxes or Similar Structures in Non- a
Residential Zoning Districts. (FINAL READING) [Ward(s): All]
Motion: Adopt the Ordinance.
Mayor and Common Council of the City of San Bernardino Page 5
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Joint Regular Meeting DRAFT Minutes November 7, 2016
RESULT: ADOPTED [6-0]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill
ABSENT: Shorett
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5E. Community Development
Resolution 2016-221 - Resolution of the Mayor and Common Council of the City
of San Bernardino Accepting a Grant in the Amount of $398,200 from the
California Department of Housing and Community Development for an On-Site N
Community Center at Waterman Gardens. [Ward(s): All] ti
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Motion: Adopt the Resolution.
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RESULT: ADOPTED [5-0-1] Z
MOVER: Virginia Marquez, Council Member, Ward 1
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Nickel, Richard, Mulvihill
ABSTAIN: Valdivia
ABSENT: Shorett _
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5F. Community Development
Resolution 2016-222 - Resolution of the Mayor and Common Council of the City
of San Bernardino Authorizing the Execution of a Mills Act Preservation
Agreement with Samuel Harvey and Erin Chester-Harvey for the Property
Located at 515 W. 21 St Street, San Bernardino. [Ward(s): 2] o
Motion: Adopt the Resolution.
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RESULT: ADOPTED [6-0]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Jim Mulvihill, Council Member, Ward 7 >
AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill z
ABSENT: Shorett
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5G. Community Development
RES. 2016-223 - Resolution of the Mayor and Common Council of the City of ¢
San Bernardino Confirming Costs of Abatement of Public Nuisances and
Imposing Liens on Certain Real Property Located Within the City of San
Bernardino for the Costs of Abatement. [Ward(s): All]
Motion: Adopt the Resolution.
Mayor and Common Council of the City of San Bernardino Page 6
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Joint Regular Meeting DRAFT Minutes November 7, 2016
RESULT: ADOPTED [6-0]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill
ABSENT: Shorett
5H. Finance
Approval of Commercial Checks and Payroll Checks [Ward(s): All]
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Motion: Approve the claims and payroll and authorize the issuance of
warrants as listed. �=
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RESULT: ADOPTED [UNANIMOUS] o
MOVER: John Valdivia, Council Member, Ward 3 Z
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Nickel, Shorett, Richard, Mulvihill
51. Finance
RES. 2016-224 - Resolution of the Mayor and Common Council of the City of 0
San Bernardino Authorizing the Execution of Amendment No. 1 to the
Agreement Between the City of San Bernardino and Revenue and Cost co
Specialists, LLC. for a Cost Allocation Plan and User Fee Study. [Ward(s):]
Motion: Adopt the Resolution.
RESULT: ADOPTED [6-0] °
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill (0I
ABSENT: Shorett
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5J. Human Resources
Personnel Actions - Unclassified [Ward(s): All]
Motion: Adopt the Resolution.
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RESULT: ADOPTED [5-2]
MOVER: Virginia Marquez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Nickel, Shorett, Mulvihill
NAYS: Valdivia, Richard
Mayor and Common Council of the City of San Bernardino Page 7
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Joint Regular Meeting DRAFT Minutes November 7, 2016
5K. Human Resources
RES. 2016-225 - Resolution of the Mayor and Common Council of the City of
San Bernardino Establishing Salaries for Police Department Ranges P-4
(Lieutenant), P-5 (Captain), P-6 (Assistant Chief) and P-7 (Chief) August 1, 2016.
[Ward(s): All]
Motion: Adopt the Resolution.
RESULT: ADOPTED [6-0]
MOVER: John Valdivia, Council Member, Ward 3 0
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill
ABSENT: Shorett E
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5L. Human Resources z 1.
RES. 2016-226 - Resolution of the Mayor and Common Council of the City of
San Bernardino Establishing the Classification of Community Engagement
Specialist, Reclassifying the Classification of Community Engagement Officer to 2
Community Engagement Specialist and Deleting the Classification of Community v
Engagement Officer for the Police Department. [Ward(s): All] o
Motion: Adopt the Resolution.
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RESULT: ADOPTED [6-0] s
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill °
ABSENT: Shorett
5M. Human Resources (01
RES. 2016-227 - Resolution of the Mayor and Common Council of the City of
San Bernardino Establishing the Classification of Procurement/Contract Support 0
Services Division Manager (U) and Approving the Job Description; Reclassifying Z
Purchasing Manager to Procurement/Contract Support Services Division
Manager (U); and Deleting the Purchasing Manager Classification. [Ward(s): All] E
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Motion: Adopt the Resolution.
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RESULT: ADOPTED [6-1]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill
NOES: Valdivia
Mayor and Common Council of the City of San Bernardino Page 8
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Joint Regular Meeting DRAFT Minutes November 7, 2016
5N. Police
RES. 2016-228 - Resolution of the Mayor and Common Council of the City of
San Bernardino Authorizing the City Manager to Execute a Lease Agreement
and Authorizing the Issuance of a Purchase Order to Chase Financial Services
for a Parking Lot Lease. [Ward(s): All]
Motion: Adopt the Resolution.
RESULT: ADOPTED [6-0]
MOVER: John Valdivia, Council Member, Ward 3 N
SECONDER: Jim Mulvihill, Council Member, Ward 7
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AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill
ABSENT: Shorett ;
S.B.a
Joint Regular Meeting DRAFT Minutes November 7, 2016
5Q. Public Works
ORD. MC-1431 - Ordinance of the Mayor and Common Council of the City of
San Bernardino Amending the San Bernardino Municipal Code, Title 8, Health
and Safety, Article 24 Entitled "Refuse and Solid Waste", Incorporating and
Repealing Article 8.24.5 Entitled "Construction and Demolition Waste Recycling
Program" and Article 8.25, Entitled "Scrap Tires." (FINAL READING) [Ward(s):
All]
Motion: Adopt the Ordinance.
RESULT: ADOPTED [6-0]
MOVER: John Valdivia, Council Member, Ward 3 N
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill E
ABSENT: Shorett >
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5R. Public Works d
RES. 2016-231 - Resolution of the Mayor and Common Council of the City of
San Bernardino Authorizing and Directing the City Manager to Execute a Lease
Agreement Between the City of San Bernardino and Los Angeles SMSA Limited
Partnership (Dba Verizon Wireless) for the Lease of City Owned Property at o
Nicholson Park.) [Ward(s): 6]
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Motion: Adopt the Resolution and ask the City Manager to return with a full
analysis of the amount collected, the implications for rest of the
budget, and the alternatives available to the council. °
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RESULT: ADOPTED [UNANIMOUS] °
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MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Virginia Marquez, Council Member Ward 1
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
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5S. Public Works z°
RES. 2016-232 - Resolution of the Mayor and Common Council of the City of
San Bernardino Authorizing and Directing the City Manager to Execute a Lease E
Agreement Between the City of San Bernardino and Los Angeles Smsa Limited
Partnership (Dba Verizon Wireless) for the Lease of City Owned Property at Y
Speicher Memorial Park. [Ward(s): 7] a
Motion: Adopt the Resolution and ask the City Manager to return with a full
analysis of the amount collected, the implications for rest of the
budget, and the alternatives available to the council.
Mayor and Common Council of the City of San Bernardino Page 10
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Joint Regular Meeting DRAFT Minutes November 7, 2016
RESULT: ADOPTED [UNANIMOUS]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Virginia Marquez, Council Member Ward 1
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
5T. Public Works
RES. 2016-233 - Resolution of the Mayor and Common Council of the City of
San Bernardino Authorizing the Execution of a Second Amendment to the
Vendor Services Agreement with West Coast Arborists, Inc. for Tree Trimming
Services. [Ward(s): All]
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Council Member Marquez stated that she would abstain from voting on the item
to avoid the appearance of a conflict of interest because she has accepted E
campaign funds from West Coast Arborists, Inc. o
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Chief Assistant City Attorney Jolena Grider said there was no actual conflict
however Marquez left the dais for the remainder of the discussion of the item.
Motion: Adopt the Resolution.
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RESULT: ADOPTED [6-0-1]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member Ward 4
s AYES: Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill s
ABSTAIN: Marquez
5U. Public Works
RES. 2016-234 - Resolution of the Mayor and Common Council of the City of
San Bernardino Authorizing the Execution of Amendment No. 4 to Lease RL
2470 with Metropolitan Water District of Southern California, Regarding
Assessment District No. 1055 in the Pine Avenue and Redwood Street Area,
Tract No. 17716. [Ward(s): 5] >1
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Motion: Adopt the Resolution. z
RESULT: ADOPTED [UNANIMOUS]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: John Valdivia, Council Member Ward 3 a
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
5V. Public Works
RES. 2016-235 - Resolution of the Mayor and Common Council of the City of
San Bernardino Authorizing the Execution of Cooperative Agreement No. 16-
1001398 Between San Bernardino Associated Governments (SANBAG) and the
City of San Bernardino for San Bernardino Valley Coordinated Traffic Signal
System Operation and Maintenance (Local Agency Retiming) [Ward(s): All]
Mayor and Common Council of the City of San Bernardino Page 11
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Joint Regular Meeting DRAFT Minutes November 7, 2016
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: John Valdivia, Council Member Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
6. Public Hearings
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6A. Community Development
RES. 2016-236 - Resolution of the Mayor and Common Council of the City of
San Bernardino, California Not Adopting a Categorical Exemption and Denying E
General Plan Amendment 16-02 and Development Code Amendment (Zoning 'o
Map Amendment) 14-17 to Change of the General Plan Land Use Designation z
from Residential Suburban to Residential Medium High-20 and the Zoning
District from Residential Suburban (RS) to Residential Medium High-20 (RMH-
20) for Three Parcels Containing a Total of Approximately 3.57 Acres in Order to
Construct a Planned Unit Development Comprised of 51 Attached Residential —
Units Located at 4630 N. "F" Street (APN: 0265-191-17, 18 and 34) Within the
Sphere of Influence of the Unincorporated Area of the City of San Bernardino. �°
[Ward(s): 4]
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Mayor Davis opened the hearing.
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. o
Public Comments:
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Opposed:
Chris Peterson, San Bernardino �s
Jan Windhausen, San Bernardino
Scott Olson, San Bernardino z°
Marcello DeBarros, San Bernardino
Veronika Petta, San Bernardino E
Deanna Adams, San Bernardino
Brandy Barbee, San Bernardino Y
Jay Lindberg, San Bernardino d
Jeff Webber, Orange
Barbara Babcock, San Bernardino
In Support:
Ed Bonadiman
Mayor and Common Council of the City of San Bernardino Page 12
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Joint Regular Meeting DRAFT Minutes November 7, 2016
Motion: 1) Close the Public Hearing;
2) Adopt Resolution adopting the Categorical Exemption; and,
accepting General Plan Amendment 16-02 and
Development Code Amendment (Zoning Map Amendment)
14-17.
RESULT: ADOPTED [4-3]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Valdivia, Shorett, Richard, Mulvihill
NAYS: Marquez, Barrios, Nickel
7. Staff Reports
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7A. City Attorney z
An Ordinance of the Mayor and Common Council of the City of San Bernardino
Amending Chapter 8.90 Related to Mobile Home Rents. (FIRST READING)
[Ward(s): All]
Motion: Lay over Ordinance for final adoption.
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RESULT: ADOPTED [6-0] co
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill
ABSTAIN: Valdivia o
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7B. CitV Manager
J-2016-58 - Resolution of the Governing Board of the San Bernardino Joint
Powers Financing Authority Authorizing the Sale and Issuance of the San
Bernardino Joint Powers Financing Authority Lease Revenue Refunding Bonds
(Rosa Parks Memorial State Office Building) 2016 Series A- Approving the Forms 0
and Authorizing the Execution and Delivery of an Indenture, an Amended and
Restated Lease Purchase Agreement, and an Escrow Agreement; Approving the a
Forms of a Continuing Disclosure Agreement and Notice of Sale; Approving the
Form of and Authorizing the Delivery of a Preliminary Official Statement and an
Official Statement; and Approving Other Related Actions. [Ward(s): 1] a
Motion: Adopt the Resolution and authorize all additional actions necessary
to accomplish the purposes of the Resolution.
RESULT: ADOPTED [UNANIMOUS]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
Mayor and Common Council of the City of San Bernardino Page 13
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Joint Regular Meeting DRAFT Minutes November 7, 2016
7C. City Manager
RES. 2016-237 - Resolution of the Mayor and Common Council of the City of
San Bernardino Approving a Lease Agreement with the Inland Empire 66Ers
Baseball Club of San Bernardino, Inc. for the Property Located at 280 South "E"
Street, San Bernardino, California and Approving Certain Related Actions.
[Ward(s): 1]
Public Comments:
Michael Bracken, Palm Desert
Motion: Adopt the Resolution.
RESULT: ADOPTED [6-1] N
MOVER: Jim Mulvihill, Council Member, Ward 7 L
SECONDER: Henry Nickel, Council Member, Ward 5 s
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AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill
NAYS: Valdivia Z
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7D. Council Office c
2016 American Planning Association California Conference [Ward(s): All]
Consensus: Receive and File. _
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7E. Council Office
2016 League of California Cities Annual Conference & Expo Reports by Council co
Members Marquez, Barrios, Valdivia and Nickel [Ward(s): All]
Consensus: Receive and File.
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7F. Council Office
Homelessness Task Force Ad Hoc Committee [Ward(s): All]
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Public Comments:
Kent Paxton, San Bernardino
Jacqueline Hill, San Bernardino 0
Motion: Schedule a homeless workshop in December.
RESULT: ADOPTED [4-3]
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MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Benito Barrios, Council Member, Ward 2
AYES: Marquez, Barrios, Shorett, Mulvihill
NAYS: Valdivia, Nickel, Richard
Mayor and Common Council of the City of San Bernardino Page 14
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Joint Regular Meeting DRAFT Minutes November 7, 2016
7G. Water
RES. 2016-238 - Resolution of the Common Council of the City of San
Bernardino (1) Approving the Issuance of Not to Exceed $45,000,000 Aggregate
Principal Amount of Sewer Revenue Bonds, Series 2016 (City of San Bernardino
Sewer Facilities Project) of the California Municipal Finance Authority; (II)
Approving the Form of an Indenture of Trust and Authorizing the Execution and
Delivery of an Installment Purchase Agreement, a Continuing Disclosure
Agreement, a Bond Purchase Agreement and Other Related Documents; (III)
Approving the Delivery of an Official Statement; and (IV) Approving Certain
Actions in Connection Therewith. [Ward(s): All]
t Motion: Adopt the Resolution. N
RESULT: ADOPTED [3-3]
MOVER: Jim Mulvihill, Council Member, Ward 7 E
SECONDER: Fred Shorett, Council Member, Ward 4
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!i AYES: Marquez, Shorett, Mulvihill z
NAYS: Barrios, Valdivia, Richard
ABSTAIN: Nickel _
** NOTE: Mayor Davis broke the tie with a "yes" vote, and the motion
carried.
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8. Items to be Reconsidered c
"'no"` 8A. Council Office
Discuss and Take Possible Action Regarding the Reconsideration of General a�
Plan Amendment 16-03 and Development Code Amendment 15-01 for Mary's
Village a Men's Residential Complex for Up to 85 Residents. [Ward(s):]
Public Comments:
Michael Hine, San Bernardino
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Terry Kent, Glendora
Kent Paxton, San Bernardino
Scott Olson, San Bernardino
Jim Smith, San Bernardino 0
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Motion: Direct staff to publish a new public hearing notice for
reconsideration of General Plan Amendment 16-03 and E
Development Code Amendment 15-01.
RESULT: ADOPTED [4-3] Q
MOVER: Benito Barrios, Council Member, Ward 2
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrio, Shorett, Mulvihill
NAYS: Valdivia, Nickel, Richard
Mayor and Common Council of the City of San Bernardino Page 15
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9. Public Comments on Items not on the Agenda
Barbara Babcock, San Bernardino, spoke in favor of Measure L and urged
people to consider that this was something that would help keep good people
working for the City. She also suggested a yes vote on Mark Steinorth and
Cheryl Brown.
Deanna Adams, San Bernardino, said the City showed disrespect this evening
for the City's heritage. She said a sound city has inner and outer landscape. She
also said the City needs checks and balances and said the pro-Measure L group o
was trying to silence opponents. She urged a no vote on Measure L. N
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Jay Lindberg, San Bernardino, said he did not agree with Measure L because it
had no campaign finance reform in it. He said he has never seen a time when the ;
City was not controlled by outside interests and the same people would continue z
to control the City.
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Susan Lien Longville, San Bernardino, thanked those who have worked hard c
on the Measure L campaign and said twenty-four hours from now future Mayor's
and Councils would have a better situation to work with.
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Sandra lbarra, San Bernardino, urged a no vote on Measure L. She read from
the preamble of the current Charter. She read the preamble to the proposed CO
Charter. She said the current charter promotes economic prosperity, ethics,
accountability, equality of opportunity and questioned where the proposed
Charter did the same. She repeatedly urged residents to vote no on L.
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Linda Hart, San Bernardino, asked about the specifics of the Brown Act. She °
said those who fought for us to speak and to vote would turn over finding out that
democracy did not happen at San Bernardino City Council tonight.
Dolores Armstead, San Bernardino, said that the treatment of speakers earlier
in the meeting was an embarrassment.
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Jim Smith, San Bernardino, lauded the KaBoom project that was recently built in z
San Bernardino. He thanked Barrios for doing research on the Mary's Village a
project and bringing it back for consideration.
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10. Items to be Referred to Council Committees a
None
11. Announcements from Mayor, Common Council and Executive
Staff
Mayor and Common Council of the City of San Bernardino Page 16
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Joint Regular Meeting DRAFT Minutes November 7, 2016
12. Adjournment
The meeting adjourned at 11:47 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, November 21, 2016.
By:
GEORGEANN "GIGI" Hanna
City Clerk N
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