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Consent Calendar
City of San Bernardino
Request for Council Action
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D iN 11
Date: October 18, 2017
To: Honorable Mayor and City Council Members
From: Gigi Hanna, City Clerk
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Subject: City Council Approval of Draft Minutes
Recommendation
Approve the minutes of the Mayor and City Council meeting of October 4, 2017. o
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NAi2n��G City of San Bernardino
Mayor R. Carey Davis
300 North "D" Street Council Members
a= San Bernardino, CA 92418 Virginia Marquez
Benito Barrios
� http://www.sbcity.org John Valdivia
G'�DED iN Fred Shorett
Henry Nickel
Bessine Richard
Jim Mulvihill N
DRAFT MINUTES
FOR THE
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JOINT REGULAR MEETING OF THE MAYOR AND CITY COUNCIL 0
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 Q
BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND Q
CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY,AND THE MAYOR AND Q
CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING c�
AUTHORITY 3
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WEDNESDAY, OCTOBER 4, 2017 L)
The Joint Regular Meeting of the Mayor and City Council of the City of San Bernardino
was called to order by Mayor R. Carey Davis at 4:05 PM, Wednesday, October 4, 2017, w
in the Board Room, 201 North "E" Street, San Bernardino, CA.
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Call to Order
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Attendee Name Title Status Arrived
Virginia Marquez Council Member, Ward 1 Present 4:00 PM EI
Benito J. Barrios Council Member, Ward 2Present 4:00 PM o
John Valdivia Council Member, Ward 3__ Present 5:28 PM
Fred Shorett Council Member, Ward 4 Present 4:00 PM m
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Henry Nickel Council Member, Ward 5 Present 4:00 PM
Bessine L. RichardCouncil Member, Ward 6 Present 4:00 PM
James Mulvihill . Council Member, Ward 7 1 Present 4:00 PM a
R. Carey Davis Mayor , Present 4:00 PM
Candice Alvarez Deputy City Clerk Present 4:00 PM
Gary D. Saenz City Attorney Present 4:00 PM
Andrea Miller City Manager Present 4:00 PM
Mayor and City Council of the City of San Bernardino Page 1 P "
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Joint Regular Meeting Minutes October 4, 2017
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
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
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Quiang Ye, Applicant, et al. v. City of San Bernardino, San Bernardino Superior
Court Case No. CIVDS 1704276
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Karmel Roe v. City of San Bernardino, et al., San Bernardino Superior Court0
Case No. CIVDS 1712424 0
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B. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION a
Significant exposure to litigation — Government Code Section 54956.9(d)(2):
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Three (3) Items
C. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Initiation of litigation — Pursuant to Government Code Section 54956.9(d)(4): NMI'
City v. Wilmington Trust National Association
City v. Hentze Real Estate Investing, LLC
City v. Jose & Elidia Ruiz
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Motion: The matter of City of Fontana et al. v. State of California arose after
the posting of the agenda and will be added to the closed session
agenda. E
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RESULT: ADOPTED [UNANIMOUS]
MOVER: Henry Nickel, Council Member, Ward 5 E
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Shorett, Nickel, Richard, Mulvihill a
ABSENT: Barrios, Valdivia
INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Keith Whitehouse of Judson Baptist Church gave the invocation. The Pledge of
Allegiance was led by Londyn Frazier, a 6th grade student at Kimbark Elementary
School.
Mayor and City Council of the City of San Bernardino Page 2 P
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Joint Regular Meeting Minutes October 4, 2017
Closed Session Report
City Attorney Saenz reported the following actions took place in Closed Session:
• In re: City v. Wilmington Trust National Association, the council provided
settlement directive by a vote of 5-0, with Council Members Barrios and Valdivia
absent.
• In re: City v. Hentze Real Estate Investing, LLC, the council provided settlement
directive by a vote of 5-0, with Council Members Barrios and Valdivia absent.
• In re: City v. Jose & Elidia Ruiz, the council provided settlement directive by a
vote of 5-0, with Council Members Barrios and Valdivia absent.
• In re: City of Fontana et al. v. State of California, the council authorized litigation
strategy to add additional counsel to represent the city by a vote of 5-0 with
Council Members Barrios and Valdivia absent.
Presentations o
The mayor moved the legislative update presentation by Mike Morrell so it was heard 0
first. >
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6. Legislative Update — Senator Mike Morrell a
Senator Morrell provided a legislative update regarding gas tax funds and civic a
responsibility to vote and hold elected leaders accountable.
1. EMS Paramedic Bridge — Hiring from the Local Community — Assistant
Chief Dan Munsey y
Chief Munsey spoke about hiring a local work force and a program that provides
a pathway for local people to become firefighters.
2. Economic Trends — Bob Dutton
Mr. Dutton presented the 2017 annual property assessment roll. He said the
average value increase countywide was 6.1% and in the City of San Bernardino
it was 5.8%.
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3. Community Facilities District Overview — Brent Mason
Mr. Mason gave a general overview of Community Facilities Districts, a funding
mechanism created to fund public improvements via a special tax on properties. Ei
He recommended a workshop to adopt a policies and goal document to guide the 11
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city and the development community. He said a special meeting would be held
within the next couple weeks regarding the issue. Gordon Nichols, of the Building
Industry Association, said the organization supported using these methods. L
4. Certificates of Recognition — 13th Annual Miss Cardinal City Event—
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Council Members Barrios and Marquez provided certificates of recognition for the
Miss Cardinal City competition. Certificates were given to Second Runner Up
Alexis Armendariz; First Runner Up Brianna Roman; Miss Cardinal 2017-18
Kimberly Leonardo; and Ambassador Diamond Dean.
5. Chamber of Commerce & Local Elected Officials Announcements
Lesley Stevens gave the updates for the San Bernardino Area Chamber of
Commerce.
Mayor and City Council of the City of San Bernardino Page 3 P
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Joint Regular Meeting Minutes October 4, 2017
Consent Calendar
7. Waive Full Reading of Resolutions and Ordinances
Approved
Motion: Waive full reading of resolutions and ordinances on
the agenda dated October 4, 2017.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
8. City Council Approval of Commercial and Payroll Checks
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Approved o
Motion: Approve the commercial and payroll checks for a
September 2017. a
RESULT: ADOPTED [UNANIMOUS]
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MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
9. City Council Approval of Draft Minutes L
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Approved
Motion: Approve the minutes of the Mayor and City Council
meeting of September 20, 2017.
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RESULT: ADOPTED [UNANIMOUS] lei
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill E
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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.
Approved
Motion: Adopt the resolution.
Reso. 2017-185 Resolution of the Mayor and City Council of the City
of San Bernardino, California, authorizing the
issuance of a Purchase Order to Universal Specialty
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Joint Regular Meeting Minutes October 4, 2017
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.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
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11. Infill Housing Program Agreement with Neighborhood Housing Services,
Inc. (NPHS)
Speaker
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Karmel Roe
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Approved
Motion: Adopt the resolution. 0
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Reso. 2017-186 Resolution of the Mayor and City Council of the City a
of San Bernardino, California, authorizing a revision to
the original HOME Investment Partnerships Program 0
(HOME) Loan Agreement with Neighborhood
Partnership Housing Services (NPHS) to implement U
the Modular Housing Component of the Infill Housing
Program.
RESULT: ADOPTED [6 TO 1] $
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MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7 y
AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill
NAYS: John Valdivia
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12. Change Order No. 1 to Contract for the Constructions of ADA Access Ramp
and Sidewalk Improvements, Downtown Route (SS-B) 2015 and Amending
the FY 17/18/ Budget
Approved a
Motion: Adopt the resolution.
Reso. 2017-187 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 5 P14 4
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Joint Regular Meeting Minutes October 4, 2017
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
13. Agreements for Services for On-Call Geotechnical Investigation and
Construction Material Testing
Approved
Motion: Adopt the resolution.
Reso. 2017-188 Resolution of the Mayor and City Council of the City
of San Bernardino, California, awarding Agreements
for Services for On-Call Geotechnical Investigation o
and Construction Material Testing with Converse o
Consultants, Hilltop Geotechnical, Inc. and CHJ
Consultants. °
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RESULT: ADOPTED [UNANIMOUS] a
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
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AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill r
14. Consultant Services Agreement with Norman Traub and Associates
Approved
Motion: Adopt the resolution.
Reso. 2017-189 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 E
investigation legal services.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7 r
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill a
15. First Amendment to the Consultant Services Agreement with Van
Dermyden Maddux Law Corporation
Approved
Motion: Adopt the resolution.
Reso. 2017-190 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
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Joint Regular Meeting Minutes October 4, 2017
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).
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill m
16. Professional Services Agreement with Worthington Partners, LLC, for
Consulting Services Related to Strategic Planning and Organizational
Development
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Speaker >
Karmel Roe a
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Approved a
Motion: Adopt the resolution.
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Reso. 2017-191 Resolution of the Mayor and City Council of the City
of San Bernardino, California, authorizing the City U
Manager to execute a three (3) year Professional
Services Agreement with Worthington Partners, LLC,
for consulting services related to strategic planning
and organizational development.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4 m�
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Ei
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Public Hearing
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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 a
and One North-South Alley, Between Rialto Avenue and 3Rd Street
Approved
Motions: 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.;
and
Adopt the resolution.
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Joint Regular Meeting Minutes October 4, 2017
Reso. 2017-192 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.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill m
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Staff Reports
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18. First Amended and Restated Theater Square Development Services c
Agreement with AECOM Technical Services, Inc., and the Fransen
Company, Inc. a
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Approved Q
Motion: Adopt the resolution.
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Reso. 2017-193 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.
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RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4 d
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
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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
Approved a
Motion: Adopt the resolution.
Reso. 2017-194 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.
Mayor and City Council of the City of San Bernardino Page 8 P
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FJoint Regular Meeting Minutes October 4, 2017
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
20. League of California Cities Annual Conference & Expo — September 13 — 15,
2017
Oral reports were given by Council Members Barrios, Validivia, Shorett, Nickel,
and Richard.
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No vote was taken on this item.
21. Public Comments on Items Not on the Agenda o
Brandon Carter, San Bernardino, said he was looking for direction in who to speak to 0
to present development ideas.
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William Ciocci, San Bernardino, discussed gossip and slander and how it can destroy a
people's lives. He also read an email he had received from the Department of a
Consumer Affiars Cannabis AdvisoryCommittee statin that the were reviewing his
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application to be a committee member. c
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Robert Porter, San Bernardino, spoke about how a city's vision leads people in a
particular direction and he said an Bernardino needs visions to be implemented. His U
personal vision is to use the image of the Arrowhead to improve the city's image and to
represent the city to the world.
Karmel Roe, San Bernardino, said she wants public comment back to way it was
because it feels like the current method takes the people out of discussions the city �i
council is having. She also said she would have the vision for Theater Square in place Itm
before the property is sold. 01
Mark Gulagek, Rancho Cucamonga, said the terms "strategic planning" and
"organizational development" in the resolution to hire Greg Deveroux are vague about Ei
what he will be doing and asked about the salary, and the performance measures are. o
He also said Deveroux has several consulting contracts that creat conflicts of interest.
Damon Alexander, San Bernardino, spoke about the upcoming turkey trot and how the E
city is participating with the cities of Highland, Loma Linda and Redlands in a series of
walks for which there is a series medal if a person competes in all four events. He
asked the mayor to challenge his counterparts in those cities to participate. a
Items to be Referred to Council Committees
No items were referred to council committees.
Announcements by Mayor City Council and Executive Staff
The mayor, City council and Executive staff made announcements about upcoming
events or those they had participated in.
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Joint Regular Meeting Minutes October 4, 2017
Adjournment
The meeting adjourned at 9:11 p.m. in memory of the 59 lives lost in the Las Vegas
shooting and San Bernardino resident Sonny Green.
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 is scheduled for
4:00 p.m., Wednesday, October 18, 2017, in the Council Chamber located at 201 N.
E Street, San Bernardino, California. 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
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