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Home My WebLink About01-23-2017 Council MemorandumCity Council Memorandum Date: __________, 2016 Date: January 19, 2017 To: Honorable Mayor and City Council Members From: Mark Scott, City Manager By: Gigi Hanna, City Clerk Subject: Amendments to Agenda and Addition to Staff Report 6B It has come to staff’s attention to address two changes to the City Council Agenda and one update to Item 6B. The corrections are highlighted below: 1) Titles for Closed Session Items 1B and 1C on the Agenda were amended as follows: 1B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation – Pursuant to Government Code Section 54956.9(d)(4): City v. Group IX BP Properties LP 1C. CLOSED SESSION – PERSONNEL – PURSUANT TO GOVERNMENT CODE SECTION 54957(B): City Manager 2) One page was inadvertently omitted in the Agenda Back-Up. This page is in addition to Item 6B Parking Lease Agreement for the Andreson Building located at 320 N. “E” Street. The added page follows packet page 106 and is labeled packet page 106A. The Amended Agenda and packet page 106A are included as attachments to this memorandum. Please feel free to be in touch with the City Clerk Gigi Hanna (hanna_gi@sbcity.org) or Chief Deputy City Clerk John Maier (maier_jo@sbcity.org) should you have any questions. CITY 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, AND 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 MONDAY, JANUARY 23, 2017 2:00 PM – CLOSED SESSION 4:00 PM – OPEN SESSION ECONOMIC DEVELOPMENT AGENCY (EDA) BOARD ROOM • 201 NORTH "D" STREET • SAN BERNARDINO, CA 92418 • WWW.SBCITY.ORG Virginia Marquez R. Carey Davis James L. Mulvihill COUNCIL MEMBER, W ARD 1 MAYOR COUNCIL MEMBER, WARD 7 Benito Barrios Mark Scott COUNCIL MEMBER, W ARD 2 CITY MANAGER John Valdivia Gary D. Saenz COUNCIL MEMBER, W ARD 3 CITY ATTORNEY Fred Shorett Georgeann “Gigi” Hanna COUNCIL MEMBER, W ARD 4 CITY CLERK Henry Nickel David Kennedy COUNCIL MEMBER, W ARD 5 CITY TREASURER Bessine L. Richard COUNCIL MEMBER, W ARD 6 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@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 http://www.sbcity.org. o Please turn off or mute your cell phone while the meeting is in session. o All documents for public review are on f ile with the City Clerk’s Office or may be accessed online by going to http://www.sbcity.org. o Please turn off or mute your cell phone while the meeting is in session. Joint Regular Meeting Agenda January 23, 2017 Mayor and City Council of the City of San Bernardino Page 2 Printed 1/23/2016 Call to Order Attendee Name Present Absent Late Arrived Council Member, Ward 1 Virginia Marquez    Council Member, Ward 2 Benito J. 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 Mark Scott    1. CLOSED SESSION 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. Pursuant to Government Code Sections(s): 1A. 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 State of California, Regents of the University of CA, ex rel. OnTheGo Wireless v. Cello Partnership, et al., Sacramento Superior Court Case No. 34-2012- 00127517 Bank of New York Mellon v. City of San Bernardino, et al., United States District Court Case No. 16-CV-01791 –JGB-SP 1B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation – Pursuant to Government Code Section 54956.9(d)(4): City v. Group IX BP Properties LP 1C. CLOSED SESSION – PERSONNEL – PURSUANT TO GOVERNMENT CODE SECTION 54957(B): City Manager Joint Regular Meeting Agenda January 23, 2017 Mayor and City Council of the City of San Bernardino Page 3 Printed 1/23/2016 2. CLOSED SESSION REPORT 3. COUNCIL APPOINTMENTS 4. PRESENTATIONS 4A. Proclamation Declaring January as National Mentoring Month – Mayor R. Carey Davis 4B. Certificate of Recognition – Lutheran Church of Our Savior 50th Anniversary – Council Member Shorett 4C. Student of the Month – Sabrina Velardez, Arroyo Valley High School - Council Member Richard 4D. Citizen of the Month – Jesse Carrillo - Council Member Barrios 4E. SB International Airport Update – Mike Burrows, Executive Director – Council Member Marquez 4F. Bankruptcy/Strategic Planning Update – Management Partners 4G. Chamber of Commerce & Local Elected Officials Announcements 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 4:30 p.m. the day of the meeting . If you wish, you may email your speaking request 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. 5. 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. 5A. City Clerk Waive Full Reading of Resolutions and Ordinances Recommendation: Waive full reading of resolutions and ordinances on the agenda dated January 23, 2017. Joint Regular Meeting Agenda January 23, 2017 Mayor and City Council of the City of San Bernardino Page 4 Printed 1/23/2016 5B. City Clerk Council Minutes – January 9, 2016 Recommendation: Approve the minutes of the Mayor and City Council meeting of the January 9, 2016, as submitted. 5C. Finance Commercial and Payroll Checks Recommendation: Approve the commercial and payroll checks for December 2016. 5D. City Manager Property Assessed Clean Energy (PACE) Program Providers Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, approving associate membership in the California Enterprise Development Authority (CEDA), authorizing and directing the execution of an Associate Membership Agreement, authorizing the City to join the Figtree Property Assessed Clean Energy (PACE) Program, and authorizing CEDA to conduct contractual assessment proceedings and to levy contractual assessments within the City. 5E. City Manager Change Signatories of Former Redevelopment Agency Bank Accounts Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, acting as the Successor Agency of the Redevelopment Agency of the City of San Bernardino, designating signatories of Successor Agency bank accounts and superseding any previous resolutions. 5F. City Manager First Amendment to the Consultant Services Agreement between the City of San Bernardino and Flores & Associates Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the First Amendment to the Consultant Services Agreement between the City of San Bernardino and Flores & Associates. Joint Regular Meeting Agenda January 23, 2017 Mayor and City Council of the City of San Bernardino Page 5 Printed 1/23/2016 6. STAFF REPORTS 6A. City Attorney Professional Services Agreement with Jones & Mayer for Charter Implementation Services Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Professional Services Agreement with Jones & Mayer for legal services related to Charter implementation. 6B. Community Development Parking Lease Agreement for the Andreson Building located at 320 N. “E” Street Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, approving a Parking Lease Agreement for the Andreson Building located at 320 N. “E” Street with 320 N. E Street, LLC. 6C. City Manager Fiscal Year 2016/17 Capital Improvement Plan Recommendation: Review and discuss the proposed Fiscal Year 2016/17 Capital Improvement Plan and provide any direction as to suggested revisions. 7. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA 8. ITEMS TO BE REFERRED TO CITY COUNCIL COMMITTEES 9. ANNOUNCEMENTS BY MAYOR, CITY COUNCIL AND EXECUTIVE STAFF 10. 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 is scheduled for 2:00 p.m., Monday, February 6, 2017, in the Council Chamber of City Hall, 300 North “D” Street, San Bernardino, California. Joint Regular Meeting Agenda January 23, 2017 Mayor and City Council of the City of San Bernardino Page 6 Printed 1/23/2016 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 staff member responsible for collecting speaker request slips 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. be willing to pay for parking. Staff believes the benefits of having 20 -40 full -time employees working for a technology company focused on the logistics industry is a natural fit for the City of San Bernardino. While the City will realize no new tax revenue from this subsidy, having a technology company in a renovated historic structure in the City is a benefit that will help start the revitalization of the downtown core. These benefits override the opportunity cost of potentially renting the parking spaces for the next five years There are no fiscal impacts for the initial five -year period. Starting in year six, the general fund will receive revenue based upon the negotiated lease rates. The marginal cost to maintain the parking structure for ETA during the initial five years is minimal because the City is already maintaining the structure for general public use. Conclusion ETA is ideally positioned to be a true asset for the City. While there is a measurable opportunity cost of not charging for leased parking, staff supports the Parking Agreement. This Agreement is specific to ETA and 320 N. E Street, LLC; if escrow does not close, the Parking Agreement is null and void. Attachments Attachment 1 Resolution Attachment 2 Parking Agreement Ward: 1 Synopsis of Previous Council Actions: Additiorrah:Backup MCQ 1/2.3/17 Item 6.B.a I' P�ifket Rage 106 A -