San Bernardino — 2023-04-19

A) CONFERENCE WITH LEGAL COUNSEL ­ EXISTING LITIGATION (Pursuant to\nGovernment Code Section 54956.9(a) and (d)(1):\ni. Jackie Aboud v. John Valdivia, et al., San Bernardino Superior Court Case No.\nCIVDS2013562\nii. Karen Cervantes v. John Valdivia, et al., San Bernardino Superior Court Case No.\nCIVDS2012538\niii. Mirna Cisneros v. John Valdivia, et al., San Bernardino Superior Court Case No.\nCIVDS2012926\niv. Donald Smith v. John Valdivia, et al., San Bernardino Superior Court Case No.\nCIVSB2025375\nv. Matthew Brown v. City of San Bernardino, San Bernardino Superior Court Case No.\nCIVSB2025900\nvi. Gary Saenz, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case\nNo. CIVDS2003802; 4th District Court of Appeal Court Case No. E078346; and 4th\nDistrict Court of Appeal Case No. D080378\nvii. Sedna Mosley v. City of San Bernardino, et al., San Bernardino Superior Court Case No.\nCIVDS2022209\nviii. Faith Emileen Stewart v. City of San Bernardino, et al., San Bernardino Superior Court\nCase No. CIVSB2100620\nix. Steve Desrochers v. City of San Bernardino, Workers’ Compensation Case Nos.\nADJ13403664; ADJ9986948; ADJ7808777; ADJ8412423; ADJ2593098; and\nADJ4644505

B) CONFERENCE WITH LEGAL COUNSEL ­ ANTICIPATED LITIGATION Significant exposure\nto litigation (Pursuant to Government Code Section 54956.9(d)(2)): One Item\nC ) CO N F E RE N C E WITH REAL PRO PERT Y N EG O T I AT O RS PURSUA NT TO\nGOVERNMENT CODE SECTION 54956.8\nProperty: Carousel Mall Property, 43 acres\nAgency Negotiator: Charles McNeely, Interim City Manager, or designee\nNegotiating Parties: SBDC (Renaissance Downtown USA/ICO Real Estate Group)\nUnder Negotiation: Price and Terms\n

1. Recognizing and Honoring Arbor Day – April 28, 2023 (All Wards) p. 13

10. City Manager Executive Recruitment Services (All Wards) p. 298\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\nauthorize the City Manager or his designee to execute a Professional Services Agreement\nwith Gallagher Benefit Services, Inc., for the executive recruitment services for the position\nof City Manager.

11. Ratify Memorandum of Understanding for Temporary License between the City of\nSan Bernardino and the San Bernardino City Unified School District (Ward 2) p. 315\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\nratify the Memorandum of Understanding for the Temporary License between the City of San\nBernardino and the San Bernardino City Unified School District for use of property on Fairfax\nElementary School.\nITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

12. Consider Removal of Oxbow Cement Pile (Ward 5) – Council Member Reynoso p. 325

13. Volunteers and Interns for Elected Officials (All Wards) – Council Member Alexander p. 326

14. Mechanisms to require developers to maintain their properties in a nuisance­free\ncondition following receipt of entitlements/approvals including, for example,\nrequiring fencing of sites and requiring demolition of structures within a certain\nperiod of time following approval. (All Wards) – Council Member Figueroa p. 327

2. Proclamation for National Library Week in the City of San Bernardino – April 23rd to\n29th, 2023 (All Wards) p. 15

3. Proclamation for Volunteer Appreciation Month in the City of San Bernardino – April\n2023 (All Wards) p. 17\nCONSENT CALENDAR

5. Approve a technical correction to increase the Council approved Purchase Order to\nNightOps Tactical by $29,529, for a total of $367,152, the cost of which is covered by\nJustice Assistance Grant (JAG) funds. (All Wards) p. 98\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\nauthorize:\n1. The City Manager to execute amendment No. 1 to the purchase agreement with\nNightOps Tactical Incorporated, and\n2. The Agency Director of Administrative Services to increase the Council approved\nPurchase Order to NightOps Tactical by $29,529, to $367,152.

6. Updating Assessment Engineer's Reports – Previously Formed Landscape and\nLighting Maintenance Districts (All Wards) p. 119\nRecommendation:\nIt is recommended that the Mayor and City Council adopt Resolution No. 2023­055, initiating\nproceedings to levy and collect assessments for FY 2023/24 in Assessment Districts\npursuant to the Constitution and the City Charter, appointing the Engineer of Record, and\nordering preparation of Engineer’s Report.

7. Approval of Commercial and Payroll Disbursements (All Wards) p. 126\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California\napprove the commercial and payroll disbursements for March 2023.

8. Amendment to Professional Services Agreements for Legal Services (All Wards) p. 218\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California\nauthorize the City Manager or designee to execute:\n1. Second Amendment to the Professional Services Agreement with Atkinson,\nAndelson, Loya, Ruud and Romo for representation in the Karen Cervantes v. John\nValdivia, et al., San Bernardino Superior Court Case No. CIVDS2012538;\n2. Second Amendment to the Professional Services Agreement with Atkinson,\nAndelson, Loya, Ruud and Romo for representation in the Matthew Brown v. John\nValdivia, et al., San Bernardino Superior Court Case No. CIVDS2025900;\n3. Second Amendment to the Professional Services Agreement with Atkinson,\nAndelson, Loya, Ruud and Romo for representation in the Don Smith v. John\nValdivia, City of San Bernardino, et al., San Bernardino Superior Court Case No.\nCIVDSB2025375;\n4. Second Amendment to the Professional Services Agreement with Atkinson,\nAndelson, Loya, Ruud and Romo for representation in the Jackie Aboud v. John\nValdivia, et al., San Bernardino Superior Court Case No. CIVDS2013562;\n5. Second Amendment to the Professional Services Agreement with Atkinson,\nAndelson, Loya, Ruud and Romo for the representation in the Mirna Cisneros v. John\nValdivia, et al., San Bernardino Superior Court Case No. CIVDS2012926;\n6. Second Amendment to the Professional Services Agreement with Atkinson,\nAndelson, Loya, Ruud and Romo for the representation in the Sedna Moseley v. City\nof San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2022209;\n7. Fourth Amendment to the Professional Services Agreement with Lynberg and\nWatkins for the representation in the Gary Saenz, et al. v. City of San Bernardino et\nal., San Bernardino Superior Court Case No. CIVDS2003802.

9. Accept the BSCC Officer Wellness and Mental Health Grant (All Wards) p. 283\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\nadopt Resolution No. 2023­056 authorizing:\n1. The City Manager to accept the Board of State and Community Corrections (BSCC)\nOfficer Wellness Grant.\n2. The Agency Director of Administrative Services to amend the FY 2022/23\nAdopted Budget appropriating$172,010.25 in both revenue and expenditures.\nDISCUSSION