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02-19-2013 Jt. Reg Mtg Minutes
NARD;t Mayor Patrick J. Morris a City of San Bernardino 300 North "D" Street Council Members -�'G Virginia Marquez o San Bernardino, CA 92418 Robert D. Jenkins http://www.sbcity.org John Valdivia Fred Shorett °DyQ£p tty v ti� Chas A. Kelley Rikke Van Johnson Wendy J. McCammack MINUTES JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY AND MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY TUESAY, FEBRUARY 19,2013 COUNCIL CHAMBER The Joint Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Patrick J. Morris at 1:10 p.m., Tuesday, February 19, 2013, in the Council Chamber, 300 North "D" Street, San Bernardino, California. Roll Call Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 1:00 P.M. Robert D. Jenkins Council Member, Ward 2 Present 1:00 P.M. John Valdivia Council Member, Ward 3 Present 1:15 p.m. Fred Shorett Council Member, Ward 4 Present 1:00 P.M. Chas A. Kelley Council Member, Ward 5 Present 1:00 P.M. Rikke Van Johnson Council Member, Ward 6 Present 1:00 P.M. Wendy J. McCammack Council Member, Ward 7 Present 1:00 P.M. Patrick J. Morris Mayor Present 1:00 P.M. James F. Penman City Attorney Present 1:00 P.M. Georgeann "Gigi" Hanna City Clerk Present 1:00 P.M. Kevin Hawkins Acting City Manager Present 1:00 P.M. Mayor and Common Council of the City of San Bernardino Page I Printed 212012013 Joint Regular Meeting Minutes February 19, 2013 1. Closed Session - Pursuant to Government Code Sections(s): A. Conference with legal counsel - existing litigation- pursuant to Government Code Section 54956.9(a): In re: City of San Bernardino, U.S. Bankruptcy Court, Case No. 6:12-bk-28006- MJ. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision(c) of Government Code Section 54956.9. D. Closed Session-personnel -pursuant to Government Code Section 54957: City Manager E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities -pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section ^ 54957.6. (�•r G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. City Attorney Penman announced that the following items would be discussed in closed session: Under Agenda Item 113, Significant Exposure to Litigation- Agenda Item 8A Under Agenda Item 1D, Personnel - Chief of Police Contract Reading of Resolutions and Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the agenda. An updated resolution was introduced for Item 8A, and the title was read into the record by the Mayor at that point of the meeting. Moment of Silence Mayor Morris requested a moment of silence in honor of Riverside Police Officer Michael Crain and San Bernardino Sheriff Deputy Jeremiah MacKay, who were shot during the manhunt for Christopher Domer. Invocation and Pledge of Allegiance The invocation was given by Second Ward Council Member Robert Jenkins. The Pledge of Allegiance was led by Rigoberto Alvear, a 12th grade student at Anderson School. Mayor and Common Council ofthe City of San Bernardino Page 2 Printed 212012013 Joint Regular Meeting Minutes February 19, 2013 2. Appointments 2A. Mayor's Office Appointment of John E. Leland to the Board of Building Commissioners - Council Member John Valdivia Motion: Approve the appointment of John E. Leland to the Board of Building Commissioners as requested by Council Member John Valdivia. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 ,, AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 3. Presentations 3A. Student of the Month -- Aubrey Imbriani, Cajon High School -- Council Member Kelley 3B. Chamber of Commerce Announcements–Jim Gerstenslager 4. Announcements - Mayor, Common Council, Elected Officials City Attorney Penman announced that during Closed Session the Council approved Amendment No. 1 to the Employment Agreement between Robert Handy, Chief of Police, and the City of San Bernardino. He advised that the City Council does not set the salaries of our law enforcement officers or firefighters—those are set by Charter Section 186. He stated that on the first of March the Police Chief will be taking a 24.649 percent pay cut due to Charter Section 186 and the implementation of the 13.989 percent of the employee's share for CalPers, which would be a pay cut of $58,492 for the year; therefore, the Mayor and Council will be paying 10.66 percent of Chief Handy's employee portion to CalPers. Mr. Penman stated that Chief Handy will be receiving the same monthly medical, dental, vision, life insurance as all of the department heads per Council resolution. The motion was made by Council Member McCammack, seconded by Council Member Marquez. The vote was 6-0 with Council Member Kelley absent. 5. Consent Calendar 5A. City Clerk Waive Full Reading of Resolutions and Ordinances Motion: Waive full reading of resolutions and ordinances on the joint regular agenda dated February 19, 2013. Mayor and Common Council of the City of San Bernardino Page 3 Printed 212012013 Joint Regular Meeting Minutes February 19, 2013 RESULT: ADOPTED [UNANIMOUS] 00:30:25 ' MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 513. City Clerk Council Minutes - August 6, 2012; August 20, 2012; and August 29, 2012 Motion: Approve the minutes of the Mayor and Common Council meetings of August 6, 2012; August 20, 2012; and August 29, 2012, as submitted. RESULT: ADOPTED [UNANIMOUS] 00:30:25 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 5C. City Clerk Council Minutes - June 4, 2012 Motion: Approve the minutes of the Mayor and Common Council meeting of June 4, 2012, as submitted. RESULT: ADOPTED [UNANIMOUS] 00:30:25 MOVER: Fred Shorett, Council Member, Ward 4 i SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 5D. Community Development RES. 2013-33 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Mills Act Preservation Agreement with David and Sandra Olivas. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:30:25 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack Indicates timestamp of motion/second on meeting video posted on City web site. Mayor and Common Council ofthe City ojSan Bernardino Page 4 Printed 212011013 Joint Regular Meeting Minutes February 19, 2013 6. Public Hearings 6A. Community Development RES. 2013-36 Resolution of the City of San Bernardino Approving General Plan Amendment No. 12-03, to Separate the General Plan Land Use Map from the New Zoning Map. Ordinance of the City of San Bernardino Approving Development Code Amendment No. 13-01, to Revise the Development Code Regarding the Separation of the General Plan and Zoning Maps and to Establish New Standards and Procedures for Processing Zoning Map Amendments. First Reading Mayor Morris opened the hearing. Senior Deputy City Attorney Empeno explained that the action today would create a two- map system; however, the land use designations were not changing. There were no public comments. Motion: Close the hearing; adopt the resolution; and lay over the ordinance for final adoption. RESULT: APPROVED [5 TO 01 04:50:20 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Shorett,Kelley, McCammack ABSENT: John Valdivia, Rikke Van Johnson 6B. Community Development RES. 2013-34 - Resolution of the Mayor and Common Council of the City of San Bernardino Adopting the Facts, Findings and Statement of Overriding Considerations; Certifying the Final Environmental Impact Report; Adopting the Mitigation Monitoring and Reporting Plan; Adopting the Spring Trails Specific Plan No. SP10-01; Adopting General Plan Amendment No. GPA 02-09 Including Pre-Annexation of the Spring Trails Project Site; Approving Tentative Tract Map (TTM) No. 15576 (Subdivision No. 02-09); and Authorizing Execution of Development Agreement No. 11-01. Ordinance of the Mayor and Common Council of the City of San Bernardino Adopting the Facts, Findings and Statement of Overriding Considerations; Certifying the Final Environmental Impact Report; Adopting the Mitigation Monitoring and Reporting Plan; and Adopting Development Code Amendment No. DCA 12-10 to Add the Spring Trails Specific Plan to the List of Special Purpose Districts and Recognize the Specific Plan's Development Standards. First Reading Tony Stewart, Deputy Director/City Planner, Community Development Department, �+ stated that Spring Trails has been around since 1996 as the former Martin Ranch Project—that it is a 358-acre project located in the City's sphere of influence. Along Mayor and Common Council ofthe City of San Bernardino Page 5 Printed 212012013 Joint Regular Meeting Minutes February 19, 2013 with the project area is an adjacent 26-acre piece of land, consisting of several parcels, which would be annexed to avoid a County island. He stated that there are several components of the project, the first being the Spring Trails Specific Plan, which sets development standards unique to this project. The primary difference between the Specific Plan and the Development Code would be the lot sizes. Currently, the site is pre-zoned residential estate with a minimum 1-acre lot size. The Specific Plan is requesting an average 1-acre lot size, with lot sizes averaging between 10,800 sq. ft. and 18.3 acres, with the average being just under an acre. He stated that unique fire standards were being proposed for this project, as well as a few other development standards such as setbacks. A general plan amendment (GPA) and code amendment are being proposed to establish the Specific Plan as the zone for the project site. A tract map is being requested to subdivide the project area into 304 single- family lots of which one is an existing residence and two will not be able to be developed right now per the Fire District due to lack of fire zone around the properties. Therefore, they are looking at a proposal for 301 single-family homes being constructed on the site, as well as common open space areas for parks, trails, water tanks, etc. Finally, the major components of this development agreement would eliminate the requirement that the City condemn property for the rights-of-way for the primary and secondary accesses for the project site; and also, that although the applicant will be constructing the sewer and park infrastructure, they are requesting that they be refunded by future developers for projects that would be taking advantage of the infrastructure that they had installed between those project sites and their own. Mr. Stewart advised that there are several issues with regards to the Spring Trails Project such as access—right now the applicant does not have control over either the properties via ownership or easements for the primary or secondary access; geotechnical—the San Andreas Fault does traverse the project site; flooding, fire, wind; the Southern California Edison transmission lines that traverse the site from north to south; and biology as well. The Environmental Impact Report (EIR) that was prepared for the project site identified mitigation measures to take care of all of those issues with the exception of the access. However, there are several significant unavoidable impacts, and therefore, a Statement of Overriding Consideration is also before the Mayor and Council this evening. As a policy matter, the Council will need to decide if the project benefits outweigh the significant adverse impacts. He stated that the adverse impacts in summary are traffic, which will be both generated by the project itself and cumulative impacts which would be exceeding the level of services on the freeway; air quality with regard to the short-term construction, as well as cumulative impacts on what was considered a non-attainment area, which would be most of Southern California due to our air quality and any cumulative impact would be significant; construction with exposure to sensitive receptors during the grading period; noise impacts during construction, and greenhouse gas emissions may exceed the Qrecommended or required levels. Mayor and Common Council ofthe City of San Bernardino Page 6 Printed 2/20/2013 Joint Regular Meeting Minutes February 19, 2013 Mr. Stewart spoke regarding the Statement of Overriding Consideration for the Council to consider—that there are several benefits that the project would generate for the City. First, the water system in the area would be augmented; the fuel modification zones surrounding the project site would be augmented and improved; impact fees provided to the City; traffic improvements at Palm and Kendall are being proposed in conjunction with the project—specifically an additional westbound, left turn lane; storm drain improvements, construction jobs, new trails and parks for the public use; low density, high-quality, single-family homes which are currently not very common here in the city; and then new residents coming into the city spending tax dollars and also providing property tax revenue. In concert with Mr. Stewart, Applicant Jeff Webber, Montecito Equities, showed a PowerPoint presentation of the proposed project, which was entered into the record. Mr. Webber noted that the project design minimizes the development footprint, preserving a substantial amount of the site's natural terrain, to the point that they were able to set aside 111 acres of natural open space and an additional 126 acres of maintained open space. It also allows for parks and an extensive trails system. He indicated that there would be four parks on the site that total approximately 9.2 acres. There will be a Homeowners Association that will maintain the parks (which will be open to the public) and the slopes in between the lots. He advised that they have worked closely with the Water Department and they have paid for a Water Distribution Analysis done by one of the Water Department's consultants. This is a detailed report that goes in and takes the project and models it to figure out what size the reservoirs, pump stations, and transmission lines need to be. As part of that, they came up with a cost estimate, and they will be entering into a separate development agreement with the Water Department for some oversized facilities that they will be building. He stated that one of the biggest items that came out of working with the Water Department is that they will be able to intertie the water line that they are bringing in over to Meyers Road. That intertie on Meyers Road will provide for a significant increase of water pressure on Meyers Road where most residents now experience about a 20 psi— with this intertie their water pressure will go up to about 445 per square foot, which is a more normal pressure. Also, the fire hydrants up there will have sufficient pressure in which to work during a fire. One of the big challenges that has occurred over the last few fires is insufficient water pressure. Mr. Webber noted that fire is a big concern and they have created a Fire Protection Plan or Fuel Modification Plan. This plan has been approved by the City's Fire Department; however, it needs to be updated because there are some new techniques they want to incorporate. Basically, they have gone through and looked at the entire area and they took the information from previous fires—wind loads, rate of burns, etc.—and they modeled it and came up with what is called a defensible zone around the homes. Additionally, all of the homes will have sprinklers as required by building code, have boxed in eaves, and have minimal vents to help prevent any of the homes burning down. Mayor and Common Council ofthe City ofSan Bernardino Page 7 Printed 212012013 Joint Regular Meeting Minutes February 19, 2013 He also spoke regarding access issues, traffic circulation, Meyers Road design options, and existing and future traffic. Pete Piller, Managing Principal with the consulting firm of DPFG in San Juan Capistrano, stated that the applicant had requested them to prepare an analysis to determine or estimate both recurring and one-time revenues that would go to the City as the result of the development of this project. In addition, they estimated the temporary employment that would be generated as a result of the project. Entered into the record by Mr. Webber was a 6-page document detailing the information furnished by Mr. Piller. It was noted that the total annual recurring revenue would be approximately $389,546. They also estimated the one-time City fees that will be paid, and based on all the impact fees—building, sewer and water—they estimated approximately $13.7 million. Lastly, based on the amount of construction spending that will occur in order to develop the land and the homes, they have estimated the number of temporary annual jobs that would occur over a three-year time frame to be 618. Tony Stewart advised that the Planning Commission held two public hearings on this project—the first for everything but the Development Agreement—and had recommended denial at both of the hearings. Pursuant to Resolution No. 2000-279, City Clerk Hanna administered an oath to the following individuals that they would provide true and honest testimony: Public Comments: Support Jeff Webber, applicant Peter Piller, applicant Opposed Tim Kranz, Redlands Hank Mitchell, San Bernardino Ray Evans Jr, San Bernardino Lynette Kaplan, San Bernardino Richard Kaplan, San Bernardino Larry Heasley, San Bernardino, Chair, Planning Commission Buck and Cathie Mau, San Bernardino Dave Goodward, Grand Terrace, representing the San Bernardino Audubon Society Monica Soares, San Bernardino James Onken, San Bernardino Robert Seeger, San Bernardino Nancy Seeger, San Bernardino Lauri Kelley, San Bernardino, stated she would not sell to allow for secondary access Pat and Ed Boyd, San Bernardino, stated they did not want to be annexed Arlean Potter, San Bernardino Valerie Henry, San Bernardino, President, Devore Rural Protection Association Patricia Kirtley, San Bernardino Paul Chaney, San Bernardino Mayor and Common Council of the City of San Bernardino Page 8 Printed 212012013 Joint Regular Meeting Minutes February 19, 2013 Denise Casas, San Bernardino Stephen O'Neill, San Bernardino Judy O'Neill, San Bernardino Kevin Brown, San Bernardino Ileene Anderson, on behalf of the Center for Biological Diversity Barbara Sky, San Bernardino Jane Hunt Ruble, San Bernardino John Gordon, San Bernardino Mr. Webber responded to citizen concerns about flood and fire safety, housing and traffic density, and water quality and wildlife issues. He stated that the project will be built in accordance with the latest building standards of the State of California and the City of San Bernardino, and those codes changed last year and they are now required to put fire sprinklers in all homes. Mr. Stewart also provided additional information on concerns expressed by the citizens and the Mayor. Gene F. Begnell, Fire Protection Consultant with Firesafe Planning Solutions, spoke on behalf of the applicant about building standards that affect fire safety in the proposed development. Council Member Shorett made the following motion, seconded by Council Member Marquez: Motion: 1) Close the hearing; and adopt the resolution certifying the Final Environmental Impact Report (SCH #2009111086); adopting the Mitigation Monitoring/Reporting Program; adopting the Facts and Findings and Statement of Overriding Considerations; and approving the Spring Trails Specific Plan No. 10-01, General Plan Amendment (GPA) No. 02-09, Tentative Tract Map (TTM) No. 15576 (Subdivision No. 02- 09), and authorizing execution of Development Agreement (DA) No. 11- 01 based on the Findings of Fact in the staff report and subject to the Conditions of Approval; and 2) Lay over for final adoption the ordinance approving Development Code Amendment(DCA) No. 12-10. Council Member McCammack made a substitute motion to uphold the Planning Commission denial and ask staff to take all the comments into consideration and see if there is any additional mitigation or monitoring activities that can be done to address community concerns; and if they can, bring it back for reconsideration. The motion failed for lack of a second. Council Member Johnson spoke about his concerns for the current residents who have lived in the area for a long time. They bought into the area because they were told that Qlots would be only a certain size and that was their expectation, which is not being met in this project. Mayor and Common Council ofthe City of San Bernardino Page 9 Printed 212012013 Joint Regular Meeting Minutes February 19, 2013 Motion: 1) Close the hearing; and adopt the resolution certifying the Final Environmental Impact Report (SCH #2009111086); adopting the Mitigation Monitoring/Reporting Program; adopting the Facts and Findings and Statement of Overriding Considerations; and approving the Spring Trails Specific Plan No. 10-01, General Plan Amendment (GPA) No. 02-09, Tentative Tract Map (TTM) No. 15576 (Subdivision No. 02- 09), and authorizing execution of Development Agreement (DA) No. 1I- 01 based on the Findings of Fact in the staff report and subject to the Conditions of Approval; and 2) Lay over for final adoption the ordinance approving Development Code Amendment (DCA)No. 12-10. RESULT: APPROVED 15 TO 11 04:31:27 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett,Kelley NAYS: Rikke Van Johnson ABSTAIN: Wendy J. McCammack 7. Continued Items 7A. Information Technology Resolution of the Mayor and Common Council of the City of San Bernardino Adopting a Technology Use Policy. Staff requested a continuance. Motion: Continue to March 4, 2013. RESULT: APPROVED 15 TO 01 Next 3/4/2013 1:00 PM MOVER: Wendy J. McCammack, Council Member, Ward 7 04:51:11 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez,Jenkins, Shorett, Kelley, McCammack ABSENT: John Valdivia, Rikke Van Johnson 7B. Parks.Recreation & Community Services RES. 2013-37 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Contractual Agreement Between the City of San Bernardino and Public Safety Academy for Shared Use of the Facilities at the Galaxy Building and Norton Recreation Center Located at 1494 and 1554 East Art © Townsend Drive, for Two Years, August 1, 2012 through July 31, 2014. Council Member McCammack stated she would abstain because the school district is a business client. She left the Council Chamber and returned after the vote was taken. Mayor and Common Council ofthe City of San Bernardino Page 10 Printed 212012013 Joint Regular Meeting Minutes February 19, 2013 Public Comments: Peggi Hazlett, San Bernardino, spoke about the history and mission of PSA. Motion: Adopt the Resolution. RESULT: ADOPTED [4 TO 01 04:51:53 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Virginia Marquez, Robert D. Jenkins, Fred Shorett, Chas A. Kelley ABSTAIN: Wendy J. McCammack ABSENT: John Valdivia, Rikke Van Johnson 8. Staff Reports 8A. City Manaser RES. 2013-38 — Resolution of the Mayor and Common Council of the City of San Bernardino Reclassifying an Existing Community Development Position, Establishing Grant-funded City Manager's Office Positions, adding an Analyst Position, and Authorizing the Finance Department and Human Resources Department to make all necessary changes to effectuate these actions. Listed below is a more detailed description of the actions contained in the resolution. 1. Establish the Housing and Community Development Division within the City Manager's Office. 2. Establish the grant-funded position of Deputy Director of Housing (U), Range 4600, $8850-$10757/month, and add that position to the City Manager's Office FY 2012-2013 Budget. 3. Reclassify the Project Manager/Assistant of the City Manager (U), Range 4530, $6242-$7587 per month to Deputy Director of Housing (U), Range 4600, $8850- 1 $10757/month. 4. Delete Project Manager/Assistant of the City Manager (U), Range 4530, $6242 - $7587/month. 5. Establish the grant-funded position of Project Manager of Housing Programs (U), Range 4530, $6242-$7587/month and add that position to the City Manager's Office 2012-2013 Budget. 6. Establish the grant-funded position of Project Manager of Community ® Development Programs (U>), Range 4530, $6242-$7587/month and add that position to the City Manager's Office FY 2012-2013 Budget. Mayor and Common Council ofthe City of San Bernardino Page 11 Printed 212012013 Joint Regular Meeting Minutes February 19, 2013 7. Establish the grant-funded position of Grants Analyst (U), Range 4520, $5938- $7218/month and add that position to the City Manager's Office FY 2012-2013 Budget. 8. Establish one Administrative Assistant position, Range 1380, $2954-$3591/month and add that position to the City Manager's Office FY 2012-2013 Budget. 9. Authorize the Director of Finance/Finance Department to make the necessary changes to the FY 2012-2013 Budget. 10. Authorize the Director of Human Resources Division Manager to update Resolution Numbers 97-244 and 2011-218 to reflect these actions. Motion: Waive full reading and adopt the Resolution. RESULT: ADOPTED 16 TO 01 04:56:17 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, McCammack ABSENT: Rikke Van Johnson 8B. Civil Service Personnel Actions - Classified Motion: Approve the classified personnel actions, as submitted by the Chief Examiner, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino. RESULT: ADOPTED [5 TO 11 04:59:29 MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Shorett, Kelley, McCammack NAYS: John Valdivia ABSENT: Rikke Van Johnson .....- ------ -- - - - - - _.. - — — 8C. Human Resources RES. 2013-39 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of the Second Amendment to the Consultant Services Agreement Between the Law Office of Linda L. Daube and the City of San Bernardino for Labor Negotiator Services. ® Motion: Adopt the Resolution. Mayor and Common Council ofthe City of San Bernardino Page 12 Printed 212012013 Joint Regular Meeting Minutes February 19, 2013 RESULT: ADOPTED [4 TO 3] - Mayor Morris broke a tie vote 05:00:50 pMOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Virginia Marquez, Fred Shorett, Wendy J. McCammack, Patrick J. Morris NAYS: Robert D. Jenkins, John Valdivia, Chas A. Kelley ABSENT: Rikke Van Johnson 8D. Mayor's Office RES. 2013-35 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing Execution of an Employment Agreement between Allen J. Parker and the City of San Bernardino for the Position of City Manager to Commence February 20, 2013. Public Comment: Mr. Parker introduced himself and his wife Sarah following the vote. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 04:38:30 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Wendy J. McCammack, Council Member, Ward 7 © AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 8E. Public Works RES. 2013-40 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Two Quitclaim Deeds Relative to a Portion of a North/South Alley that was Previously Vacated by the City, Generally Located South of Spruce Street and West of H Street. Motion: Adopt the Resolution. RESULT: ADOPTED [6 TO 01 05:07:53 MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, McCammack ABSENT: Rikke Van Johnson 8F. Public Works Update on Repair of City Street Lights and Alternative Technologies 0 Tony Frossard, Operations and Maintenance Division Manager, Public Works, provided an oral report. Mayor and Common Council of the City of San Bernardino Page 13 Printed 212012013 Joint Regular Meeting Minutes February 19, 2013 Public Comments: Bev Bunger, San Bernardino, encouraged the city to pursue better lighting options. Motion: Authorize City staff to seek a funding plan for use of alternative technologies such as solar and LED technology including funding from federal, state, local and private sources to achieve cost savings. RESULT: ADOPTED [6 TO 01 05:16:06 I MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, McCammack ABSENT: Rikke Van Johnson 9. MAYOR AND COMMON COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE SAN BERNARDINO HOUSING AUTHORITY 10. Public Comments on Items Not on the Agenda Bev Bunger, San Bernardino, spoke about her concerns regarding potholes and raised sidewalks. C11. Adjournment The meeting adjourned at 8:45 p.m. The next joint regular meeting of the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency is scheduled for 1:00 p.m., Monday, March 4, 2013. GEORGEANN "GIGI"HANNA �Q City Clerk By 2. Linda E. Hartzel Deputy City Clerk Q Mayor and Common Council of the City of San Bernardino Page 14 Printed 212012013