HomeMy WebLinkAbout06-19-19 MCC Minutes
City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org
MINUTES
FOR THE
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 MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOIN POWERS FINANCING
AUTHORITY
WEDNESDAY, JUNE 19, 2019
5:30 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to
order at 5:30 PM by Mayor John Valdivia on Wednesday, June 19, 2019, in the Board Room,
201 North "E" Street, San Bernardino, CA.
CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present 5:30 PM
Sandra Ibarra Council Member, Ward 2 Present 5:30 PM
Juan Figueroa Council Member, Ward 3 Present 5:30 PM
Fred Shorett Council Member, Ward 4 Present 5:30 PM
Henry Nickel Council Member, Ward 5 Present 5:30 PM
Bessine L. Richard Council Member, Ward 6 Present 5:30 PM
James Mulvihill Council Member, Ward 7 Present 5:30 PM
John Valdivia Mayor Present 5:30 PM
Georgeann "Gigi" Hanna City Clerk Present 5:30 PM
Gary D. Saenz City Attorney Present 5:30 PM
Teri Ledoux Acting City Manager Present 5:30 PM
CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to
Government Code Section 54956.9(a) and (d)(1)):
Mayor John Valdivia
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Henry Nickel
Bessine L. Richard
Jim Mulvihill
Regular Meeting Minutes June 19, 2019
Mayor and City Council of the City of San Bernardino Page 2 Printed 10/11/2019
i. Charmaine Flores v. City of San Bernardino, United States District Court
Case No. 5:19-cv-00569 DSF (SHKx)
ii. Emma Sanchez, et al. v. City of San Bernardino, United States District
Court Case No 5:19-00345 DMG (SHKx)
B. PUBLIC EMPLOYEE APPOINTMENT
Title: City Manager
C. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation (Pursuant to Government Code Section
54956.9(d)(2)):
Two cases
D. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Initiation of litigation - Government Code Section 54956.9(d)(4):
Two cases
E. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – Pursuant to
Government Code Section 54956.8:
Property Address: An approximately 18 acre vacant site consisting of 74
parcels located at the southwest corner of East
Highland and Arden Avenues – APNs 11-021-01;
1191-021-11 to 69; 1191-041-17 to 22; and 1191-041-
25 to 32
Agency Negotiator: Michael Huntley, Director of Community and
Economic Development
Negotiating Parties: Mark Development, Inc.
Under Negotiation: Price and Terms of Payment
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was led by Pastor Ron Esparza, of Living Waters Community Church.
Melina Parra, second grade student from Ramona Allesandro Elementary School, led
the Pledge of Allegiance.
CLOSED SESSION REPORT
Senior Assistant City Attorney Sonia Carvalho made the following report:
• Item B. The mayor and Council voted 7-1, with Councilmember Ibarra voting no,
to appoint Teri Ledoux City Manager for a term of 18 months.
• Item C addressed the threat of litigation filed by Gigi Hanna and gave direction to
the City Attorney.
• Authorized by a unanimous vote to file two receivership cases on a properties at
1450 E Date and 1560 E Date.
APPOINTMENT
1. Planning Commission Appointment
Approved
Motion: Appoint Helen Chang to the Planning Commission.
Regular Meeting Minutes June 19, 2019
Mayor and City Council of the City of San Bernardino Page 3 Printed 10/11/2019
RESULT: ADOPTED [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Richard, Mulvihill
PRESENTATIONS
2. Citizen of the Month – David Friedman and Tansu Philip, Viva La Boba –
Council Member Theodore Sanchez
Councilmember Sanchez honored Mr. Friedman and Ms. Philip as Citizens of the
month. They thanked the council for the honor and used the opportunity to discuss
revitalization efforts in downtown and how difficult is to open a business in San
Bernardino. Ms. Philip thanked the city for the award and added that the city needs
to do better.
3. Chamber of Commerce & Local Elected Officials Announcements
No announcements were made.
3A (Item added after the posting of the agenda). Community Policing Update
Acting Chief McBride provided an update on the changes in the Police Department
and introduced the officers working in different districts in the city.
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
Sam Ho, International We Love You Foundation, spoke about the vision and purpose of
the group of delivering mother’s love to the whole world with disaster relief, charitable
giving and other efforts. He invited people to their upcoming blood drive in San
Bernardino.
Darryl Terrell, Moreno Valley, said that even with cost saving measures, the general
fund deficit will continue to grow. He said he had a way forward including Government
Finance Officers Association suggestion for a two-year budgeting process and priority
based budgeting.
Esmerelda Negrete, San Bernardino, spoke about a potential Municipal Code violation
for a bid award and awarding a bid to All America Asphalt and questioned why the
council is interested in giving this contract when a San Bernardino business should
have received the contract. She also spoke about conflict of interest requirements and
questioned why a city employee can serve on a committee. She read a portion of the
Charter about interference in administrative efforts of the City Attorney and the City
Clerk by the Mayor’s Chief of Staff.
Mike Hartley, San Bernardino, asked that the City keep the community policing team.
He spoke of criminal incidents in the city and asked how the police department would be
able to handle multi-family housing inspections.
Treasure Ortiz, San Bernardino, said that councilmember Richard’s comments at the
previous meeting blaming public’s comments about the city’s economic woes were
disrespectful and showed a lack of leadership. She said code enforcement were a
revenue driver and told the council to not diminish the value of the city for their own
personal gain and do what the residents expect – revitalization. She said the council
has an obligation and duty to public service.
PJ Seleska, San Bernardino, said San Bernardino officials routinely use their office to
retaliate and announced that SB Times Up is a means for reporting corruption. She also
Regular Meeting Minutes June 19, 2019
Mayor and City Council of the City of San Bernardino Page 4 Printed 10/11/2019
encouraged people to report the mayor’s chief of staff to the State Bar and suggested
reporting councilmembers to the District Attorney Public Integrity Unit for interfering with
the City Attorney and performance of his duties and the City Clerk and the performance
of her state mandated duty to provide public documents to the public.
Gregory Taylor, San Bernardino, said he makes reports on the CRM system daily and
said the dirty city is a reflection of the mayor. He said he expected the mayor to make a
change and has seen none.
Dr. Newman, San Bernardino, spoke about a parking citation he received in 2015 for
having an RV for sale on private property and paid the citation the same year. He was
informed in 2019 that he still owed the fee and the Franchise Tax Board would be taking
the $35 fee from his tax return. He complained about not receiving the refund yet.
Thomas Fleming, San Bernardino, suggested the mayor and council get help from the
African American community in helping clean up the city.
Carey Davis, San Bernardino, read portions of the previous City Manager’s contract
concerning prohibitions on public comments to the press. He suggested that the council
become comfortable with the terms of the contract and said following it would build trust.
He also spoke about the Pendency Plan and how current decisions to add more
management in the Police Department did not comply with it. He said it was a short and
long term irresponsible fiscal action.
Paul Sanborn, San Bernardino, spoke about a special assessment on every parcel in
the town to have more money for the police department. He also asked what other town
has two parks within two blocks of each other. The $800,000 the city received in
insurance funds for the burning of the bridge at Meadowbrook Park could be used for
parking for the courts and take west side of Meadowbrook Park for parking.
John Shollenberger, San Bernardino, said he did not agree with the rationale behind
the salary cuts to the City Attorney, City Clerk and Treasurer. He said the cuts are not
wise while their tenures continue and suggested a restructuring after they leave office.
He suggested that the council be the first to step up and take pay reductions and set the
example.
Savannah Taylor, San Bernardino, said homeless people have begun wandering into
her church’s choir rehearsal and disrupted them. She is frustrated that when her family
goes to places outside of the city they don’t see the same homeless problems that she
does in San Bernardino.
Luis Ojeda, San Bernardino, said people are welcome to join We Are the Change in
their weekly cleanups. He spoke about other cities supporting their market nights,
whereas San Bernardino does not. He asked that the council support the Food Fest.
Tim Prince, San Bernardino, said he has not seen any development or progress in the
first six months of the new term. What we have seen is divisive measures that don’t
move the city forward and cost the city more money than they can save. He said he
sees the City Clerk as the first victim on the chopping block. He predicted the city would
have legal problems with the decision. He said that the city was paying BB&K too much
for their services.
Jim Penman, San Bernardino, said he was concerned about a letter that the council
received regarding cutting the salary cuts. He said the council has the authority to
remove the Clerk, Attorney and Treasurer and they would be better off if sued for that
Regular Meeting Minutes June 19, 2019
Mayor and City Council of the City of San Bernardino Page 5 Printed 10/11/2019
than for lowering their salaries. He said they should strongly consider how they are
going about the issue.
CONSENT CALENDAR
Items on the Consent Calendar are considered routine and are voted on in a single
motion, unless a council or staff member has pulled the item for more discussion.
Councilmember Figueroa pulled item 17. Councilmember Shorett pulled item 6.
Councilmember Nickel pulled item 8. Councilmember Richard pulled 15 because she
has a conflict. Councilmember Mulvihill pulled item 18.
RESULT: ADOPTED [6-0]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Bessine L. Richard, Council Member, Ward 6
AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill
ABSENT: Ibarra
4. Waive Full Reading of Resolutions and Ordinances
Approved
Motion: Waive full reading of Resolutions and Ordinances on
the agenda dated June 19, 2019.
RESULT: ADOPTED [6-0]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Bessine L. Richard, Council Member, Ward 6
AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill
ABSENT: Ibarra
5. City Council Approval of Commercial and Payroll Checks
Approved
Motion: Approve the commercial and payroll checks for May
2019.
RESULT: ADOPTED [6-0]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Bessine L. Richard, Council Member, Ward 6
AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill
ABSENT: Ibarra
Regular Meeting Minutes June 19, 2019
Mayor and City Council of the City of San Bernardino Page 6 Printed 10/11/2019
6. Cancellation of July 3, 2019 City Council Meeting
Approved
Motion: Approve the cancellation of the July 3, 2019 City
Council Meeting and the June 19th meeting be
adjourned to July 17, 2019.
RESULT: ADOPTED [4-3]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Richard
NOES: Shorett, Nickel, Mulvihill
7. March and April 2019 City Board, Commission, and Citizen Advisory
Committee Approved Minutes
Approved
Motion: Receive and file the minutes from the City board,
commission, and citizen advisory committee meetings
approved in April 2019. The City Manager made a
change on item 21 to ask council to use economic
development ad hoc committee.
RESULT: ADOPTED [6-0]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Bessine L. Richard, Council Member, Ward 6
AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill
ABSENT: Ibarra
8. Excess Insurance for Fiscal Year 2019-2020
Approved
Motion: Adopt the resolution.
Reso. No. 2019-68 Resolution of the Mayor and City Council of the City of
San Bernardino, California, authorizing the City
Manager to purchase California State Association of
Counties Excess Insurance Authority (CSAC-EIA)
insurance for excess workers’ compensation
coverage and to purchase stand-alone commercial
coverage for excess liability insurance with Aon for
Fiscal Year (FY) 2019-2020.
RESULT: ADOPTED [7-0]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
Regular Meeting Minutes June 19, 2019
Mayor and City Council of the City of San Bernardino Page 7 Printed 10/11/2019
9. Authorization to Issue Purchase Orders to Renew Annual Software and
Hardware Maintenance Service Agreements for FY 2019-2020
Approved
Motion: Authorize the City Manager or her designee to
authorize a three year maintenance agreement with
ESRI and issue Purchase Orders for annual software
and or hardware support for the Fiscal Year 2019-
2020 with Accela Corporation, Dell/EMC, Earth
Science Research Institute (ESRI), Konica Minolta,
and NPA Computers as outlined in the report.
RESULT: ADOPTED [6-0]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Bessine L. Richard, Council Member, Ward 6
AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill
ABSENT: Ibarra
10. Authorize the Award of a Purchase Order for Purchase of Police Department
Building Camera Maintenance and Expansion from CelPlan Technologies, Inc.
in an Amount Not to Exceed $52,000
Approved
Motion: Authorize the City Manager or her designee to award
a purchase order for purchase of Police Department
building camera maintenance and expansion from
CelPlan Technologies, Inc. in an amount not to
exceed $52,000.
RESULT: ADOPTED [6-0]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Bessine L. Richard, Council Member, Ward 6
AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill
ABSENT: Ibarra
11. Authorize Agreement with Phoenix Group Information Systems
Approved
Motion: Adopt the resolution.
Reso. No. 2019-154 Resolution of the Mayor and City Council of the City
of San Bernardino, California, authorizing the City
Manager to execute a Professional Services
Agreement between Phoenix Group Information
Systems and the City of San Bernardino for
enforcement of the Security Alarm Systems
Ordinance.
Regular Meeting Minutes June 19, 2019
Mayor and City Council of the City of San Bernardino Page 8 Printed 10/11/2019
12. Second Amendment to the Vendor Services Agreement for the Center for
Employment Opportunities
Approved
Motion: Adopt the resolution.
Reso. No. 2019-71 Resolution of the Mayor and City Council of the City
of San Bernardino, California, authorizing and
directing the City Manager to authorize a Second
Amendment to the Vendor Services Agreement
between the City of San Bernardino and the Center
for Employment Opportunities for citywide landscape
maintenance services and weed abatement; and
authorizing the Director of Finance to issue an annual
purchase order in an amount of $550,000 with four (4)
one-year extensions at the City’s option.
RESULT: ADOPTED [6-0]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Bessine L. Richard, Council Member, Ward 6
AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill
ABSENT: Ibarra
13. Resolution of the Mayor and City Council of the City of San Bernardino,
California, Approving Cooperative Agreement No. 19-1002205 with the San
Bernardino County Transportation Commission (Authority) for the I-
215/University Parkway Interchange Project (SS04-019))
Approved
Motion: Adopt the resolution.
Reso. No. 2019-161 Resolution of the Mayor and City Council of the City
of San Bernardino, California, approving Cooperative
Agreement No. 19-1002205 with San Bernardino
County Transportation Commission (Authority)
relating to the proposed Interstate 215/University
Parkway Interchange Project (SS04-019).
RESULT: ADOPTED [6-0]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Bessine L. Richard, Council Member, Ward 6
AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill
ABSENT: Ibarra
Regular Meeting Minutes June 19, 2019
Mayor and City Council of the City of San Bernardino Page 9 Printed 10/11/2019
14. Award of Construction Contract for Rudy Hernandez Community Center
HVAC Upgrade
Approved
Motion: Adopt the resolution.
Reso. No. 2019-163 Resolution of the Mayor and City Council of the City
of San Bernardino, California, approving the award of
a Construction Contract with WCM & Associates, Inc.
in the amount of $148,500 for Rudy Hernandez
Community Center HVAC Upgrade; authorize the
construction contingency in the amount of $14,500;
and authorize the City Manager or designee to
expend the contingency fund, if necessary, to
complete the project.
RESULT: ADOPTED [6-0]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Bessine L. Richard, Council Member, Ward 6
AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill
ABSENT: Ibarra
15. Landscape Maintenance Services at LMDs
Councilmember Richard abstained from the vote because she has a conflict.
Approved
Motion: Adopt the resolutions.
Reso. No. 2019-158 Resolution of the Mayor and City Council of the City
of San Bernardino, California, authorizing and
directing the City Manager to authorize a Vendor
Services Agreement with Inland Empire Landscape,
Inc. in the amount of $559,291 for landscape
maintenance services in designated Landscape
Maintenance Districts (LMDs).
Reso. No. 2019-159 Resolution of the Mayor and City Council of the City
of San Bernardino, California, authorizing and
directing the City Manager to authorize a Vendor
Services Agreement with Service Scape, Inc. in the
amount of $97,225 for landscape maintenance
services in designated Landscape Maintenance
Districts (LMDs).
Regular Meeting Minutes June 19, 2019
Mayor and City Council of the City of San Bernardino Page 10 Printed 10/11/2019
RESULT: ADOPTED [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
ABSTAIN: Richard
16. Award of Construction Contract for Facility Replacement - Roof at Various
Locations
Approved
Motion: Adopt the resolution.
Reso. No. 2019-160 Resolution of the Mayor and City Council of the City
of San Bernardino, California, approving the award of
a Construction Contract with San Marino Roof Co.
Inc. in the amount of $389,242 for Facility
Replacement - Roof at Various Locations; authorize
the construction contingency in the amount of
$38,000; and authorize the City Manager or designee
to expend the contingency fund, if necessary, to
complete the project.
RESULT: ADOPTED [6-0]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Bessine L. Richard, Council Member, Ward 6
AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill
ABSENT: Ibarra
17. Award of Construction Contract for Pavement Rehabilitation at Twelve
Locations to All American Asphalt
Approved
Motion: Adopt the resolution.
Reso. No. 2019-156 Resolution of the Mayor and City Council of the City
of San Bernardino, California, approving the award of
a Construction Contract with All American Asphalt in
the amount of $ 4,434,390.49 for Pavement
Rehabilitation at Twelve Locations; authorize the
construction contingency in the amount of $443,000;
authorize the Finance Director to amend FY 2018/19
adopted budget to allocate Measure I Funds to the
project and amend street segments account to reflect
the updated unit price per segment; and authorize the
City Manager or designee to expend the contingency
fund, if necessary, to complete the project.
Regular Meeting Minutes June 19, 2019
Mayor and City Council of the City of San Bernardino Page 11 Printed 10/11/2019
RESULT: ADOPTED [7-0]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Bessine L. Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
18. Final Reading - Chapter 5.30 to Title 5 of the San Bernardino Municipal Code
Imposing Regulations on Sidewalk Vending
Speakers
Luis Ojeda
Approved
Motion: Adopt the ordinance.
MC-1517 Ordinance of the Mayor and City Council of the City of
San Bernardino, California, adding Chapter 5.30 to
Title 5 of the San Bernardino Municipal Code
imposing regulations on sidewalk vending.
RESULT: ADOPTED [5-2]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Nickel, Richard
NOES: Shorett, Mulvihill
19. Final Reading - Sections 5.36.060 and 5.36.110 of Title 5 of the San Bernardino
Municipal Code Pertaining to Non-Profit Bingo Games
Approved
Motion: Adopt the ordinance.
MC-1520 Ordinance of the Mayor and City Council of the City of
San Bernardino, California, amending Sections
5.36.060 and 5.36.110 of Title 5 of the San
Bernardino Municipal Code pertaining to non-profit
bingo games.
RESULT: ADOPTED [6-0]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Bessine L. Richard, Council Member, Ward 6
AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill
ABSENT: Ibarra
Regular Meeting Minutes June 19, 2019
Mayor and City Council of the City of San Bernardino Page 12 Printed 10/11/2019
20. Ratify Submission of Application, Accepting of a Contribution Sponsorship
from Kaiser Permanente Operation Splash Regional Community Benefit Grant
Program
Approved
Motion: Adopt the resolution.
Reso. No. 2019-155 Resolution of the Mayor and City Council of the City
of San Bernardino, California, ratifying the submission
of an application for and accepting a contribution
sponsorship from Kaiser Permanente Operation
Splash Regional Community Benefit Grant Program
and appropriate the funds to the General Budget for
the Summer Aquatics Programs in the amount of
$58,500 for FY 2019/20.
RESULT: ADOPTED [6-0]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Bessine L. Richard, Council Member, Ward 6
AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill
ABSENT: Ibarra
21. Establish the Revenue Council Ad Hoc Sub-Committee
Approved
Motion: Adopt the resolution and appoint Council Member
Shorett as a voting member to the Economic
Development Council, with Henry Nickel as Chair and
Theodore Sanchez as a voting member.
Reso. No. 2019-165 Resolution of the Mayor and City Council of the City
of San Bernardino, California, establishing the
Revenue Ad Hoc Sub-Committee.
RESULT: ADOPTED [6-0]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Bessine L. Richard, Council Member, Ward 6
AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill
ABSENT: Ibarra
22. Refund of County Lien Payments to Burrtec Waste Industries
Approved
Motion: Authorize the Director of Finance to 1.) appropriate
$212,680.44 from General Fund reserves and, 2.)
remit payment of $212,680.44 to Burrtec Waste
Industries for lien payments collected by the City in
FY 2017/18 on behalf of Burrtec for unpaid solid
waste collection services.
Regular Meeting Minutes June 19, 2019
Mayor and City Council of the City of San Bernardino Page 13 Printed 10/11/2019
RESULT: ADOPTED [6-0]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Bessine L. Richard, Council Member, Ward 6
AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill
ABSENT: Ibarra
* At this point in the meeting, City Manager Ledoux introduced Paul Espinoza, the new
Finance Director, who will join the City on July 1, 2019.
STAFF REPORTS
23. Increase in the Maximum Permitted Service Rate for Integrated Solid Waste
Collection, Processing and Disposal Services
Approved
Motion: Adopt the resolution.
Reso. No. 2019-162 Resolution of the Mayor and City Council of the City
of San Bernardino, California, approving the increase
in the maximum permitted service rates for integrated
solid waste collection, processing, disposal, and
related services for FY 2019/20.
RESULT: ADOPTED [6-1]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill
NOES: Ibarra
24. 44Th Annual NUSA Conference “Opening Doors to the Future” – May 15-18,
2019
Councilmembers Ibarra and Nickel gave oral reports about the NUSA conference.
No vote was taken on this item.
25. ICSC Recon Conference Update – May 19-22, 2019
Mayor Valdivia and councilmembers Ibarra, Nickel and Richard gave oral reports
about the ICSC Recon Conference. No vote was taken on this item.
26. Reconsideration of Item #20 on 6/5/2019 Council Agenda - Agreements for
Visual and Performing Arts Grant Recipients
Assistant City Attorney said she had made an error in the previous meeting when
she said that abstain votes are considered a yes vote. She clarified that that is the
case, but only when the vote is tied. If it is not tied, then the abstention votes go to
the majority.
Speakers
Edward Deon Brian Wing Jennifer Kane
Stacey Frazier Jessica Swanson Madeline Scully
Dorothy Garcia Peter Llamas
Dominic Oster Andrew Thompson
Regular Meeting Minutes June 19, 2019
Mayor and City Council of the City of San Bernardino Page 14 Printed 10/11/2019
Approved
Motion: Reconsider the item.
RESULT: ADOPTED [5-2]
MOVER: Juan Figueroa, Council Member, Ward 5
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Mulvihill
NOES: Nickel, Richard
Approved
Motion: Adopt the resolution.
Reso. No. 2019-84 Resolution of the Mayor and City Council of the City
of San Bernardino, California, authorizing the City
Manager or designee to execute 15 Visual and
Performing Arts Grant Agreements with recipients
recommended by the Arts and Historical Preservation
Commission for FY 2018/19 presented on June 5,
2019 (Item #20).
RESULT: ADOPTED [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Mulvihill
ABSENT: Figueroa, Nickel, Richard
27. Amendment to Legal Services Agreement with Best Best & Krieger LLP
Approved
Motion: Adopt the resolution.
Reso. No. 2019-166 Resolution of the Mayor and City Council of the City
of San Bernardino, California, authorizing the Acting
City Manager to execute an amendment to the
Agreement for Municipal Legal Services and City
Attorney Services with Best Best & Krieger, LLP to
provide reduced rates for code enforcement matters.
RESULT: ADOPTED [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
28. Plan of Adjustment Progress Report
The Plan of Adjustment progress report was received and filed. No vote was taken on
this item.
Regular Meeting Minutes June 19, 2019
Mayor and City Council of the City of San Bernardino Page 15 Printed 10/11/2019
PUBLIC HEARINGS
29. Approval of the Fiscal Year 2019/20 Proposed Operating Budget, Capital
Improvement Program, Appropriations Limit Calculation, and Fiscal Year
2019/20 Salary Schedule
Approved
Motion: Adopt the resolution.
Reso. No. 2019-168 Resolution of the Mayor and City Council of the City
of San Bernardino, California, approving the City of
San Bernardino’s Operating Budget and Capital
Improvement Program (CIP) for FY 2019/20 and
establishing the City’s Appropriations Limit as
required by Article XIII of the California State
Constitution, and authorize the Finance Director to
amend the FY 2019/20 Budget to fund the recruitment
costs for Department Director positions, as needed,
using the salary savings of those positions, and adopt
Resolution No. 2019-167 of the Mayor and City
Council of the City of San Bernardino, California, and
amending the salary schedule for full-time non-safety
classifications of the City of San Bernardino for Fiscal
Year 2019/20.
RESULT: ADOPTED [4-3]
MOVER: Henry Nickel, Council Member Ward 5
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Nickel, Richard
NOES: Ibarra, Shorett, Mulvihill
30. Prop 218 Public Hearing to Increase Commercial Service Rates for Integrated
Solid Waste Collection, Processing and Disposal Services
Speaker
Michael Aragon, VP, Burrtec Waste Industries
Approved
Motion: Conduct a Public Hearing pursuant to Proposition 218
(California Constitution Art. XIIID, § 6) on the
proposed increase to the Maximum Permitted Service
Rate with Burrtec Waste Industries, Inc.; and
Adopt the resolution.
Reso. No. 2019-157 Resolution of the Mayor and City Council of City of
San Bernardino, California, declaring the result of the
Proposition 218 protest count for the proposed
adjustment to the maximum permitted service rates
for integrated solid waste collection, processing,
disposal, and related services and approve Fiscal
Year 2019/20 commercial rate increase of 13.86%.
Regular Meeting Minutes June 19, 2019
Mayor and City Council of the City of San Bernardino Page 16 Printed 10/11/2019
RESULT: ADOPTED [7-0]
MOVER: Henry Nickel, Council Member Ward 5
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
* The Mayor left the dais at this point in the meeting, 10:42 p.m.
31. Development Code Amendment 19-01; and Amendment to Title 5, Section
5.10.250
City Clerk Hanna swore in those who wished to speak on the item.
Speakers
Chad White, support
Majid Seraj, oppose
Sung Kim, oppose
Approved
Motion: Introduce for first reading, Ordinance No. MC-1519;
and
Schedule the second reading of the above Ordinance
to the regularly scheduled meeting of the Mayor and
City Council on July 17, 2019.
MC-1519 Ordinance of the Mayor and City Council of the City of
San Bernardino, California, amending Section
5.10.250 of the City of San Bernardino Municipal
Code relating to the location of cannabis businesses
and approving Development Code Amendment 19-01
amending Chapter 19.02 (Basic Provisions), Chapter
19.06 (Commercial Zones), Chapter 19.10 (Industrial
Zones) and Chapter 19.70 (Temporary Use Permits)
of the City of San Bernardino Development Code
relating to Commercial Cannabis Activities pursuant to
Chapter 5.10 (Commercial Cannabis Activities) of the
City of San Bernardino Municipal Code; and finding
that the Amendment is Exempt under the California
Environmental Quality Act
RESULT: ADOPTED [6-0]
MOVER: Henry Nickel, Council Member Ward 5
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard
ABSENT: Mulvihill
Regular Meeting Minutes June 19, 2019
Mayor and City Council of the City of San Bernardino Page 17 Printed 10/11/2019
REQUESTS FOR FUTURE AGENDAS
Councilmember Ibarra requested that the issue of fireworks be agendized for a future
meeting. She also requested that the city issue an RFP for licensed contractors to state
the needs of the animal shelter.
ADJOURNMENT
The meeting adjourned at 11:02 p.m.
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, July 17, 2019 in the Council Chamber located at 201 North “E” Street,
San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open
Session will begin at 7:00 p.m.
By:_________________________
Georgeann “Gigi” Hanna, MMC