HomeMy WebLinkAbout09-05-2018 MCC Minutes
City of San Bernardino
Mayor R. Carey Davis
Council Members
290 North D Street
Virginia Marquez
San Bernardino, CA 92401
Benito J. Barrios
http://www.sbcity.org
John Valdivia
Fred Shorett
Henry Nickel
Bessine L. Richard
James Mulvihill
MINUTES
F OR THE
J OINT R EGULAR M EETING OF THE M AYOR AND C ITY C OUNCIL
OF THE C ITY OF S AN B ERNARDINO, M AYOR AND C ITY C OUNCIL OF THE C ITY OF S AN
B ERNARDINO A CTING AS THE S UCCESSOR A GENCY TO THE R EDEVELOPMENT A GENCY, M AYOR
AND C ITY C OUNCIL OF THE C ITY OF S AN B ERNARDINO A CTING AS THE S UCCESSOR H OUSING
A GENCY TO THE R EDEVELOPMENT A GENCY, M AYOR AND C ITY C OUNCIL OF THE C ITY OF S AN
B ERNARDINO A CTING AS THE H OUSING A UTHORITY, AND THE M AYOR AND C ITY C OUNCIL OF
THE C ITY OF S AN B ERNARDINO A CTING AS THE S AN B ERNARDINO J OINT P OWERS F INANCING
A UTHORITY
WEDNESDAY, SEPTEMBER 5, 2018
COUNCIL CHAMBER
The Joint Regular Adjourned Meeting of the Mayor and City Council of the City of San
Bernardino was called to order by Mayor R. Carey Davis at 5:06 P.M., Wednesday,
September 5, 2018, in the Council Chamber, 201 North "E" Street, San Bernardino, CA.
Call to Order
Attendee Name Title Status Arrived
Virginia Marquez Council Member, Ward 1 Present 4:00 PM
Benito J. Barrios Council Member, Ward 2 Late 5:16 PM
John Valdivia Council Member, Ward 3 Late 5:05 PM
Fred Shorett Council Member, Ward 4 Present 4:00 PM
Henry Nickel Council Member, Ward 5 Absent ---------
Bessine L. Richard Council Member, Ward 6 Absent ---------
James Mulvihill Council Member, Ward 7 Present 4:00 PM
R. Carey Davis Mayor Present 4:00 PM
Georgeann "Gigi" Hanna City Clerk Present 3:41 PM
Gary Saenz City Attorney Present 4:00 PM
Sonia Carvalho Chief Assistant City Attorney Present 4:00 PM
Andrea Miller City Manager Present 4:00 PM
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Closed Session
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
John Wakefield v. City of San Bernardino, WCAB Case Nos. ADJ3044127 and
ADJ9367163
Eric Chappell v. City of San Bernardino, WCAB Case Nos. ADJ1978610;
ADJ5823506; ADJ8036970; ADJ9385152; and ADJ 9385259
Center for Biological Diversity, et al. v. City of San Bernardino, Case No.
CIVDS1706284
B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Initiation of litigation – Pursuant to Government Code Section 54956.9(d)(4):
Three cases
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Pastor Joshua Beckley of Ecclesia Christian Fellowship.
The Pledge of Allegiance was given by Noah De La Torre, a sixth grade student at
Parkside Elementary School.
CLOSED SESSION REPORT
City Attorney Gary Saenz explained the relationship between his duties and those of
contract Chief Assistant City Attorney Sonia Carvalho. Ms Carvalho reported the
following actions were taken in Closed Session:
In re: John Wakefield v. City of San Bernardino, WCAB Case Nos. ADJ3044127
and ADJ9367163, the council voted 5-0 to settle the matter for $130,000, with
council members Nickel and Richard absent.
In re: Eric Chappell v. City of San Bernardino, WCAB Case Nos. ADJ1978610;
ADJ5823506; ADJ8036970; ADJ9385152; and ADJ 9385259, the council voted
5-0 to settle the matter for $250,000, with council members Nickel and Richard
absent.
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APPOINTMENT
1. Planning Commission Appointment
Approved
Motion: Appoint Ms. Elizabeth P. Sanchez to the Planning
Commission.
RESULT: ADOPTED \[5-0\]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill
ABSENT: Nickel, Richard
PRESENTATIONS
2A. Issuance of Proclamation:
Proclaim the Month of September 2018 as National Preparedness Month
Chief Burguan said the city has never officially recognized National
Preparedness Month and said that the City had a robust Community Emergency
Response Team that people can be part of if they chose to participate in
emergency preparedness.
2B. Chamber of Commerce & Local Elected Officials Announcements
Yvonne Powers, representing the San Bernardino Chamber, read the Chamber
announcements for the coming weeks.
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
Roger Henderson, San Bernardino, said that the City’s proposed purchase of
automobiles from a vendor outside of the city was not doing right by the business
people of the city.
Barbara Babcock, San Bernardino, asked why Fairview Ford was not one of the
vendors listed to offer a bid for new city vehicles. She said that the city needs to be
business friendly.
Paul Sanborn, San Bernardino, decried a mailer sent out against John Valdivia and
said the City Manager should move to town.
Alice Chow spoke about the San Bernardino Animal Care Foundation and asked
questions about the timing and process for hiring animal shelter workers.
Luis Ojeda, aka Khan D’Kulia, San Bernardino, spoke about We Are the Change
group, expressed sorrow for the people killed and injured by the recent shootings, and
praised Officer Taylor for doing a good job. He also spoke about his efforts to clean up
the city and said it took him months to meet with the city staff about the issue, but it was
useless because they weren’t interested in change.
Marilyn Bundage, of Bloomington, said she was unhappy with trucks at the property
behind her house in Bloomington.
Robert Porter, San Bernardino, said he wished Mr. Penman had been on the side of
cannabis when he was City Attorney. He said the city manager needs to realize that she
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is asking people to risk their lives when she asks that they report criminal behavior in
their neighborhoods.
Nate Pasquale, of the East Valley Association of Realtors, spoke to the council in
support of Prop. 5, the Property Tax Fairness Initiative on the November ballot.
Consent Calendar
The City Manager pulled items 12, 13, and 14 from the agenda for consideration at a
later date. Council Member Valdivia pulled items 8, 18 and 22 for further discussion.
The rest of the items were voted on with a single motion:
RESULT: ADOPTED \[5-0\]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill
ABSENT: Nickel, Richard
3. Waive Full Reading of Resolutions and Ordinances
Approved
Motion: Waive full reading of Resolutions and Ordinances on the agenda
dated August 5, 2018.
RESULT: ADOPTED \[5-0\]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill
ABSENT: Nickel, Richard
4. City Council Approval of Commercial and Payroll Checks
Approved
Motion: Approve the commercial and payroll checks for August 2018.
RESULT: ADOPTED \[5-0\]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill
ABSENT: Nickel, Richard
5. Draft Minutes
Approved
Motion: Approve the minutes of the Mayor and City Council Regular
Meetings of August 1, 2018 and August 15, 2018.
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RESULT: ADOPTED \[5-0\]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill
ABSENT: Nickel, Richard
6. Amended and Restated Professional Services Agreement Between
Goldman, Magdalin and Krikes, LLP and the City of San Bernardino
Approved
Motion: Authorize the City Manager to execute the Amended and Restated
Professional Services Agreement between Goldman, Magdalin and
Krikes (GMK), LLP and the City of San Bernardino, California for
workers’ compensation legal services.
RESULT: ADOPTED \[5-0\]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill
ABSENT: Nickel, Richard
7. Award of Construction Contract for Pool Plastering at Various Recreational
Facilities - Phase II to Condor, Inc.
Approved
Motion: Adopt the resolution.
Reso 2018-233 Resolution of the Mayor and City Council of the City
of San Bernardino, California, authorizing the award
of a construction contract with Condor, Inc.,
authorizing the City Manager to execute a contract in
the amount of $439,147 for pool plastering at various
recreational facilities, authorizing a construction
contingency in the amount of $43,915, and
authorizing the City Manager or designee to expend
the contingency fund, if necessary, to complete the
project.
RESULT: ADOPTED \[5-0\]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill
ABSENT: Nickel, Richard
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8. Award of Construction Contract for City Hall Parking Structure Deck
Waterproofing to Angelus Waterproofing and Restoration, Inc.
Approved
Motion: Adopt the resolution.
Reso 2018-242 Resolution of the Mayor and City Council of the City
of San Bernardino, California, approving a
construction contract with Angelus Waterproofing and
Restoration, Inc. in the amount of $462,250,
authorizing a construction contingency in the amount
of $46,225, authorizing the Finance Director to amend
FY 2018/19 Adopted Budget by carrying over and
transferring remaining FY 2017/18 funds from account
number 001-090- 0053-5505 in the amount of
$534,000 to a project account to be established, and
authorizing the City Manager or designee to expend
the contingency fund, if necessary, to complete the
project.
RESULT: ADOPTED \[5-0\]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill
ABSENT: Nickel, Richard
9. Amendment No. 1 to the HOME Investment Partnerships Program Infill
Housing Development Master Agreement
Approved
Motion: Authorize the execution of Amendment No. 1 to the
HOME Investment Partnerships Program Infill
Housing Development Master Agreement and
authorize the City Manager or designee to take any
further actions and execute additional documents as
necessary to effectuate the agreement.
RESULT: ADOPTED \[5-0\]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill
ABSENT: Nickel, Richard
10. First Amendment to the Infrastructure Engineers for Staff Augmentation
Services
Approved
Motion: Adopt the resolution.
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Reso 2018-243 Resolution of the Mayor and City Council of the City
of San Bernardino, California, authorizing and
directing the City Manager to execute the First
Amendment to the Consultant Service Agreement
with Infrastructure Engineers for Senior Engineer
Services and authorizing the Director of Finance to
increase the Purchase Order by $200,000.
RESULT: ADOPTED \[5-0\]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill
ABSENT: Nickel, Richard
11. State Library Grant Funding Appropriation
Approved
Motion: Accept three individual grants awards from California
State Library (CSL) for library books and literacy
totaling $30,000 and authorizing the Director of
Finance to amend the FY2018/19 library budget
accordingly.
RESULT: ADOPTED \[5-0\]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill
ABSENT: Nickel, Richard
12. Issuance of a Purchase Order to Nixon-Egli Equipment Company for the
Purchase of One (1) 2019 PB B-4 Patch Truck Unit, Mounted on a 2019 F750
Gas Chassis
This item was pulled by the City Manager. No vote was taken on this item.
13. Issuance of a Purchase Order to National Auto Fleet Group for the
Purchase of Two (2) 2018 Ford F Series Super Duty F-150 4WD with Super
Crew Cab 6.75 Box Trucks
This item was pulled by the City Manager. No vote was taken on this item.
14. Issuance of a Purchase Order to National Auto Fleet Group for the
Purchase of Six (6) 2019 Ford F Series Super Duty F-350 4X2 with Crew Cab
6.75 Box Trucks
This item was pulled by the City Manager. No vote was taken on this item.
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15. Adopt CDBG Subrecipient Agreement with Neighborhood Partnership
Housing Solutions, Inc. and Adopt the Policies and Procedures for Owner
Occupied Residential Rehabilitation Program
Approved
Motions: Adopt the CDBG Subrecipient Agreement with
Neighborhood Partnership Housing Services, Inc. for
a term of one year to replace the existing Vendor
Services Agreement, and
Adopt the policies and procedures for Owner
Occupied Residential Rehabilitation Program.
RESULT: ADOPTED \[5-0\]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill
ABSENT: Nickel, Richard
16. Right-Of-Way Acquisition Services Agreement for the Widening of 40Th
Street Between Johnson Street and Electric Avenue
Approved
Motion: Adopt the resolution.
Reso 2018-248 Resolution of the Mayor and City Council of the City
of San Bernardino, California, approving a Consultant
Services Agreement with Paragon Partners, LTD for
Right-of-Way Acquisition Services for the widening of
40th Street between Johnson Street and Electric
Avenue (SS04-014).
RESULT: ADOPTED \[5-0\]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill
ABSENT: Nickel, Richard
17. Third Amendment to the Engineering Resources of Southern California,
Inc. Agreement
Approved
Motion: Adopt the resolution.
Reso 2018-249 Resolution of the Mayor and City Council of the City
of San Bernardino, California, authorizing and
directing the City Manager to execute the Third
Amendment to the Consultant Services Agreement
with Engineering Resources of Southern California,
Inc. to provide environmental and civil engineering
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design services for the widening of 40th Street from
Johnson Street to Electric Avenue (SS04-014).
RESULT: ADOPTED \[5-0\]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill
ABSENT: Nickel, Richard
18. Basic Compensation Plan for San Bernardino Police Department
Approved
Motion: Adopt the resolution.
Reso 2018-250 Resolution of the Mayor and City Council of the City
of San Bernardino, California, establishing salaries for
the Police Department Ranges P-1 (Police Officer), P-
2 (Detective/Corporal), P-3 (Sergeant), P-4
(Lieutenant), P-5 (Captain), P-6 (Assistant Chief), P-7
(Chief), and Law Enforcement Trainee effective
August 1, 2018.
RESULT: ADOPTED \[5-0\]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill
ABSENT: Nickel, Richard
19. Memorandum of Understanding with the County of San Bernardino
Community Development and Housing Agency for Homeless Management
Information System
Approved
Motion: Approve the Memorandum of Understanding (MOU)
with the County of San Bernardino Community
Development and Housing Agency (CDHA) for the
Homeless Management Information System (HMIS),
and
Authorize the City Manager or her designee to
execute a revised MOU should the language be
revised by the CDHA, not including substantial
changes, in consultation with the City Attorney.
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RESULT: ADOPTED \[5-0\]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill
ABSENT: Nickel, Richard
20. Agreement with Joe A. Gonsalves & Son for Legislative Advocacy Services
Approved
Motion: Authorize the City Manager to execute a three-year
Professional Services Agreement with the option of
two one-year extensions between the City of San
Bernardino and Joe A. Gonsalves & Son for
Legislative Advocacy Services and authorize the
Finance Director to execute a purchase order in an
amount not to exceed $84,000 for Fiscal Year
2018/19.
RESULT: ADOPTED \[5-0\]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill
ABSENT: Nickel, Richard
21. Resolution Suspending Special Tax for Special Tax Area 2006-1 and
Establishing Tax Rate of Zero
Approved
Motion: Adopt the resolution.
Reso 2018-254 Resolution of the Mayor and City Council of the City
of San Bernardino, California, suspending imposition
of special tax and establishing tax rate of zero for
Special Tax Area 2006-1.
RESULT: ADOPTED \[5-0\]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill
ABSENT: Nickel, Richard
22. Final Reading of Ordinance No. MC-1503 - Amending Chapter 5.10 of the
San Bernardino Municipal Code Related to the Regulation of Commercial
Cannabis Activities
Speakers
James Penman
Wendy McCammack
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Ben Eilenberg
Council member Barrios originally voted yes, but after a short break returned to
the dais and told the Mayor that he would like to change his vote to a no.
Approved
Motion: Accept for final reading and adopt the ordinance.
MCC- 1503 Ordinance of the Mayor and City Council of the City of
San Bernardino, California, amending Chapter 5.10 of
the San Bernardino Municipal Code related to the
Regulation of Commercial Cannabis Activities.
RESULT: ADOPTED \[3-2\]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Shorett, Mulvihill
NOES: Barrios, Valdivia
ABSENT: Nickel, Richard
Staff Reports
23. First Amendment to the Agreement with Westbound Communications, Inc.
for Marketing and Public Relations Services
Approved
Motion: Authorize the City Manager to execute a First
Amendment to the Professional Services Agreement
with Westbound Communications, Inc. to increase the
total compensation by $169,000 for an amount not to
exceed $410,000 in FY2018-19, authorize the City
Manager or designee to increase the purchase order
for a total amount not to exceed $410,000, and
authorize the Director of Finance to amend the
FY2018-19 budget.
RESULT: ADOPTED \[4-1\]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Shorett, Mulvihill
NOES: Valdivia
ABSENT: Nickel, Richard
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24. Service Agreement with San Bernardino Chamber of Commerce for 2018
Rendezvous Back to Route 66
Approved
Motion: Waive the fee of $39,834 and adopt the resolution.
Reso. 2018-252 Resolution of the Mayor and City Council of the City
of San Bernardino, California, authorizing the City
Manager to execute a Service Agreement between
the City of San Bernardino and San Bernardino
Chamber of Commerce to provide support services
for Rendezvous Back to Route 66 2018 event.
RESULT: ADOPTED \[4-1\]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett,
NOES: Mulvihill
ABSENT: Nickel, Richard
25. City of San Bernardino City Wide Events Planning Updates for Veterans
Day Salute & Parade and Winter Wonderland 2018
Speaker
Shirrell McCrary
Approved
Motion: Approve the Veterans Day Salute & Parade and
Winter Wonderland 2018; and agree to allow the
Disabled American Veterans to receive a $25
donation for each car registration and $40 donation
for each vendor participating in the Veterans Day
event as a fundraiser for cancer detection equipment
for veterans.
RESULT: ADOPTED \[5-0\]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill
ABSENT: Nickel, Richard
Mayor and City Council of the City of San Bernardino Page 12 Printed 9/5/2018
Joint Regular Meeting Minutes September 5, 2018
Public Hearings
26. Establish Compensation and Benefits for City-Elected Officials
Helen Tran, Director of Human resources and Dr. Tom Pierce, chair of the
Elected Official compensation commission presented the findings of the
commission.
Mayor Davis opened the meeting and Clerk Hanna swore in those who wished to
speak on the matter.
Speakers
Paul Sanborn, opposed
Deanna Adams, opposed
Luis Ojeda, support
Approved
Motion: Continue the public hearing to September 19, 2018
RESULT: ADOPTED \[5-0\]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Benito Barrios, Council Member, Ward 2
AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill
ABSENT: Nickel, Richard
27. Resolution of the Mayor and City Council of the City of San Bernardino
Pursuant to Section 147(F) of the Internal Revenue Code of 1986 Approving
the Issuance of Bonds by the Housing Authority of the County of San
Bernardino for the Arrowhead Grove Phase II & III Project
Approved
Motion: Adopt the resolution.
Reso 2018-253 Resolution of the Mayor and City Council of the City
of San Bernardino, California, pursuant to Section
147(f) of the Internal Revenue Code of 1986
approving the issuance of bonds by the Housing
Authority of the County of San Bernardino for the
Arrowhead Grove Phase II & III Project.
RESULT: ADOPTED \[5-0\]
MOVER: Virginia Marquez, Council Member, Ward 1
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill
ABSENT: Nickel, Richard
Mayor and City Council of the City of San Bernardino Page 13 Printed 9/5/2018
Joint Regular Meeting Minutes September 5, 2018
28. Adjournment
The meeting adjourned at 9:27 p.m.
The next joint regular meeting of the Mayor and City Council and the Mayor and
City Council Acting as the Successor Agency to the Redevelopment Agency will
be held on Wednesday, September 19, 2018 in the Council Chamber located
at 201 North “E” Street, San Bernardino, California 92401. Closed Session will
begin at 4:00 p.m. and Open Session will begin at 5:00 p.m.
By: __________________________
Georgeann “Gigi” Hanna, CMC
City Clerk
Mayor and City Council of the City of San Bernardino Page 14 Printed 9/5/2018