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Home My WebLink About10-04-2017 Jt. Reg Mtg AgendaCITY OF SAN BERNARDINO AGENDA FOR THE JOINT REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, OCTOBER 4, 2017 4:00 PM — CLOSED SESSION 5:00 PM — OPEN SESSION COUNCIL CHAMBER • 201 NORTH °E° STREET • SAN BERNARDINO, CA 92401 • WWW.SBCITY.ORG Virginia Marquez COUNCIL MEMBER, WARD 1 Benito Barrios COUNCIL MEMBER, WARD 2 John Valdivia COUNCIL MEMBER, WARD 3 Fred Shorett COUNCIL MEMBER, WARD 4 Henry Nickel COUNCIL MEMBER, WARD 5 Bessine L. Richard COUNCIL MEMBER, WARD 6 R. Carey Davis MAYOR James Mulvihill COUNCIL MEMBER, WARD 7 Andrea M. Miller Gary D. Saenz CITY ATTORNEY Georgeann "Gigi" Hanna CITY CLERK David Kennedy CITY TREASURER Welcome to a meeting of the Mayor and City Council of the City of San Bernardino. o Anyone who wishes to speak during public comment or on a particular item will be required to fill out a speaker slip. Speaker slips must be turned in to the City Clerk by 4:30 pm the day of the meeting. o You may email your request to speak to publiccomments(aD_sbcity.org if you cannot turn it in in person prior to 4:30 pm. Each request will cover one speaker. Those who wish to speak must submit their own request to be called on by the Mayor. o Public comments for agenda items that are not public hearings will be limited to three minutes. o There is a 6 -minute -per -person time limit for all comments, excluding public hearings. o All who wish to speak, including Council members and staff, need to be recognized by the Mayor or Mayor Pro Tempore before speaking. o Please contact the City Clerk's Office (384-5002) two working days prior to the meeting for any requests for reasonable accommodation to include interpreters. o All documents for public review are on file with the City Clerk's Office or may be accessed online by going to www.sbcity.orp. o Please turn off or mute your cell phone while the meeting is in session. Joint Regular Meeting Agenda October 4, 2017 Call to Order Attendee Name Present Absent Late Arrived Council Member, Ward 1 Virginia Marquez ❑ ❑ ❑ Council Member, Ward 2 Benito Barrios ❑ ❑ ❑ Council Member, Ward 3 John Valdivia ❑ ❑ ❑ Council Member, Ward 4 Fred Shorett ❑ ❑ ❑ Council Member, Ward 5 Henry Nickel ❑ ❑ ❑ Council Member, Ward 6 Bessine L. Richard ❑ ❑ ❑ Council Member, Ward 7 James Mulvihill ❑ ❑ ❑ Mayor R. Carey Davis ❑ ❑ ❑ City Clerk Georgeann "Gigi" Hanna ❑ ❑ ❑ City Attorney Gary D. Saenz ❑ ❑ ❑ City Manager Andrea M. Miller ❑ ❑ ❑ Is] 1163441Z+9***1 IQi!l PUBLIC COMMENTS ON CLOSED SESSION ITEMS A three-minute limitation shall apply to each member of the public who wishes to address the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public. 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 AMF 1278, LLC v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS 1702219 Kush Concepts, et al. v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS 1702131 Quiang Ye, Applicant, et al. v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS 1704276 Karmel Roe v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS 1712424 B. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation — Government Code Section 54956.9(d)(2): Three (3) Items Mayor and City Council of the City of San Bernardino Page 2 Printed 09/28/2017 Joint Regular Meeting Agenda October 4, 2017 C. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Initiation of litigation — Pursuant to Government Code Section 54956.9(d)(4): City v. Wilmington Trust National Association City v. Hentze Real Estate Investing, LLC City v. Jose & Elidia Ruiz INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT PRESENTATIONS 1. EMS Paramedic Bridge — Hiring from the Local Community — Assistant Chief Dan Munsey 2. Economic Trends — Bob Dutton 3. Community Facilities District Overview — Brent Mason 4. Certificates of Recognition — 13th Annual Miss Cardinal City Event — Council Members Virginia Marquez and Benito Barrios: Alexis Armendariz — 2nd Runner Up Brianna Roman — 1st Runner Up Kimberly Leonardo — Miss Cardinal City 2017-2018 Diamond Dean — Ambassador 5. Chamber of Commerce & Local Elected Officials Announcements 6. Legislative Update — Senator Mike Morrell PUBLIC COMMENTS FOR ITEMS LISTED ON THIS AGENDA A three-minute limitation shall apply to each member of the public who wishes to address the Mayor and City Council on any item on the agenda, excluding public hearings. There is no limit to the number of items that may be discussed within the three-minute time limit. To be called on by the Mayor, please turn in individual speaker slips to the City Clerk by 5:00 p.m. the day of the meeting. If you wish, you may email your speaking request to publiccomments(�sbcity.org prior to the beginning of the meeting. Emailed requests to speak will not be accepted from anyone but the person requesting to speak. CONSENT CALENDAR There will be no separate discussion of Consent Calendar items unless a Council member requests that the item be considered in its normal sequence on the agenda. Public comment on Consent Calendar items is limited to three minutes total per person. There is no limit on the items that can be discussed within that time. Mayor and City Council of the City of San Bernardino Page 3 Printed 09/28/2017 Joint Regular Meeting Agenda October 4, 2017 7 91 0 Waive Full Reading of Resolutions and Ordinances Recommendation: Waive full reading of resolutions and ordinances on the agenda dated October 4, 2017. City Council Approval of Commercial and Payroll Checks Recommendation: Approve the commercial and payroll checks for September 2017. City Council Approval of Draft Minutes Recommendation: Approve the minutes of the Mayor and City Council meeting of September 20, 2017. 10. Authorization to issue Purchase Order to Universal Specialty Vehicles, Inc., and execution of a Vendor Service Agreement for refurbishment and repairs to the Police Mobile Command Post Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the issuance of a Purchase Order to Universal Specialty Vehicles, Inc., in the amount of $54,074.00 and the execution of a Vendor Services Agreement between the City of San Bernardino, California, and Universal Specialty Vehicles, Inc. 11. Infill Housing Program Agreement with Neighborhood Housing Services, Inc. (NPHS) Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing a revision to the original HOME Investment Partnerships Program (HOME) Loan Agreement with Neighborhood Partnership Housing Services (NPHS) to implement the Modular Housing Component of the Infill Housing Program. 12. Change Order No. 1 to Contract for the Constructions of ADA Access Ramp and Sidewalk Improvements, Downtown Route (SS -13) 2015, and amending the FY 17/18 budget Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, approving Change Order No. 1 to the Contract for the construction of ADA Access Ramp and Sidewalk Improvements, Downtown Route (SS -B) 2015, and amending the Fiscal Year 2017/18 Adopted Budget. Mayor and City Council of the City of San Bernardino Page 4 Printed 09/28/2017 Joint Regular Meeting Agenda October 4, 2017 13. Agreements for Services for On -Call Geotechnical Investigation and Construction Material Testing Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, awarding Agreements for Services for On -Call Geotechnical Investigation and Construction Material Testing with Converse Consultants, Hilltop Geotechnical, Inc., and CHJ Consultants. 14. Consultant Services Agreement with Norman Traub and Associates Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Attorney to execute a Consultant Services Agreement with Norman Traub and Associates for employment investigation legal services. 15. First Amendment to the Consultant Services Agreement with Van Dermyden Maddux Law Corporation Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Attorney to execute a First Amendment to the Consultant Services Agreement with Van Dermyden Maddux Law Corporation for employment investigation legal services and increasing the Purchase Order with Van Dermyden Maddux Law Corporation for a total amount not to exceed seventy thousand dollars ($70,000). 16. Professional Services Agreement with Worthington Partners, LLC, for consulting services related to strategic planning and organizational development Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a three (3) year Professional Services Agreement with Worthington Partners, LLC, for consulting services related to strategic planning and organizational development. Mayor and City Council of the City of San Bernardino Page 5 Printed 09/28/2017 Joint Regular Meeting Agenda October 4, 2017 PUBLIC HEARING 17. Conduct a Public Hearing on the proposed vacation of a portion of "I" Street South of Rialto Avenue and those portions of the east -west alleys and one north -south alley, between Rialto Avenue and 3rd Street Recommendation: STAFF REPORTS Conduct a Public Hearing on the proposed vacation of a portion of "I" Street South of Rialto Avenue and those portions of the east -west alleys and one north - south alley, between Rialto Avenue and 3rd Street. Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, ordering the vacation of a portion of "I" Street South of Rialto Avenue and those portions of the east -west alleys and one north -south alley, between Rialto Avenue and 3rd Street, and the reservation of easements therein. 18. First Amended and Restated Theater Square Development Services Agreement with AECOM Technical Services, Inc., and the Fransen Company, Inc. Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the First Amended and Restated Theater Square Development Services Agreement with AECOM Technical Services, Inc. and The Fransen Company, Inc., and approving certain related actions. 19. Exclusive Right to Represent Owner for Sale or Lease of Real Property with Lee and Associates Commercial Real Estate Services Inc. Related to Theater Square Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the Exclusive Right to Represent Owner for Sale or Lease of Real Property with Lee and Associates Commercial Real Estate Services Inc. related to Theater Square, and approving certain related actions. 20. League of California Cities Annual Conference & Expo — September 13 — 15, 2017 Recommendation: Receive an oral report by Council Members Barrios, Valdivia, Shorett, Nickel, and Richard. Mayor and City Council of the City of San Bernardino Page 6 Printed 09/28/2017 Joint Regular Meeting Agenda October 4, 2017 21. 22. 23. 24. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA ITEMS TO BE REFERRED TO CITY COUNCIL COMMITTEES ANNOUNCEMENTS BY MAYOR, CITY COUNCIL AND EXECUTIVE STAFF ADJOURNMENT 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, October 18, 2017, in the Council Chamber located at 201 North E Street, San Bernardino, California 92401. Closed Session will begin at 4:00 p.m. Open Session will begin at 5:00 p.m. Mayor and City Council of the City of San Bernardino Page 7 Printed 09/28/2017 Joint Regular Meeting Agenda October 4, 2017 CERTIFICATION OF POSTING AGENDA I, Georgeann "Gigi" Hanna, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the October 4, 2017 regular meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located in the breezeway of City Hall, 300 North "D" Street, San Bernardino, California, at the San Bernardino Public Library, and on the City's website www.ci.san-bernardino.ca.us on Friday, September 29, 2017. I declare under the penalty of perjury that the foregoing is true and correct. Georgeann "G19 -'i" Hanna, 0, MC, City Clerk NOTICE: Any member of the public may address this meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item appearing on the agenda by approaching the microphone in the Council Chamber when the item about which the member desires to speak is called and by asking to be recognized. Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A three minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public. Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made. The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code. Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed. Mayor and City Council of the City of San Bernardino Page 8 Printed 09/28/2017