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HomeMy WebLinkAbout05-20-2020 MCC Regular 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 JOINT POWERS FINANCING AUTHORITY WEDNESDAY, MAY 20, 2020 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 Valdivia on Wednesday, May 20, 2020, via Web-Conference, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Arrived Theodore Sanchez Mayor Pro-Tem, Ward 1 Present Sandra Ibarra Council Member, Ward 2 Present Juan Figueroa Council Member, Ward 3 Present Fred Shorett Council Member, Ward 4 Present Henry Nickel Council Member, Ward 5 Present Bessine L. Richard Council Member, Ward 6 Present Left Meeting at 7:39 p.m. James Mulvihill Council Member, Ward 7 Present John Valdivia Mayor Present Genoveva Rocha Acting City Clerk Present Sonia Carvalho City Attorney Present Teri Ledoux City Manager Present Mayor John Valdivia Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Henry Nickel Bessine L. Richard Jim Mulvihill Regular Meeting Agenda May 20, 2020 Mayor and City Council of the City of San Bernardino Page 2 Printed 3/30/2021 5:30 P.M. CLOSED SESSION PUBLIC COMMENT Treasure Ortiz, San Bernardino, spoke on the pending litigation against the City listed on the Closed Session agenda. She suggested that the Council be proactive in saving the City money on litigation. CLOSED SESSION (A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)): i. Christopher Emon v. City of San Bernardino, Workers’ Comp. Claim No. 19- 141831 ii. Tony Lopez v. City of San Bernardino, Workers’ Comp. Claim No. 19- 141660 iii. Marc Alvarez v. City of San Bernardino, Workers’ Comp. Claim No. 19- 141123 iv. Kimberly Hernandez v. City of San Bernardino, Workers’ Comp. Claim No. 19-141065 v. Garrett Hoefer v. City of San Bernardino, Workers’ Comp. Case Nos. ADJ12629020 and ADJ12205072 vi. Arthur Wilder v. City of San Bernardino, Workers’ Comp. Claim No. CSBY- 10036 vii. Christine Keil v. City of San Bernardino, Workers’ Comp. Claim No. CSBY- 9761 vii. Kirk Mueller v. City of San Bernardino, Workers’ Comp. Case Nos.. ADJ8814899, ADJ8814896 and ADJ8814892 viii. Gregory Parker v. City of San Bernardino, Workers’ Comp. Case Nos. ADJ2625134, ADJ5826411, ADJ7342091, ADJ11426571, ADJ9841377, ADJ9684763 and Workers’ Comp. Claim No. CSBY9748 (B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): One case (C) PUBLIC EMPLOYEE APPOINTMENT - City Clerk (D) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8): Property: Bryce Hanes Park, 534 W 9th St. (APN 0140-143-54) Agency Negotiator: Teri Ledoux, City Manager Negotiating Parties: San Bernardino Valley Municipal Water District Under Negotiation: Price and Terms Regular Meeting Agenda May 20, 2020 Mayor and City Council of the City of San Bernardino Page 3 Printed 3/30/2021 7:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Valdivia led the Pledge of Allegiance to the Flag. CLOSED SESSION REPORT The Mayor and City Council convened into Closed Session at 5:33 p.m. City Attorney Sonia Carvalho informed that the City Council unanimously voted to authorize the City Attorney’s Office to file a receivership action on a nuisance abatement property. PRESENTATIONS 1. Census 2020 Update, Presented by San Bernardino County San Bernardino County Partnership Specialist, Melissa C. Padilla provided an update on the 2020 Census. 2. Fire District FP5 Funding Impacts, Presented by Fire Chief, Dan Munsey Fire Chief Dan Munsey and Assistant Fire Chief Dan Mejia provided a presentation to the Mayor and City Council regarding the impacts of losing FP5 Funding. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Anonymous, San Bernardino, commented about the amount of trash in the City. She suggested offering jobs to young people to help beautify the City and give them work experience. Andrea , San Bernardino, commented on the demolition of the Mt. Vernon bridge. She suggested that Council remove the item so more discussion can be had. She also expressed concern about the air pollution the project may cause. Maribel, San Bernardino, suggested that Council consider community grants for rent relief and down payment assistance plans that are COVID related. Christian Morgan, San Bernardino, commented on ongoing investigations against City and Council. He expressed his concerns about whether the Council has plans for the City. Treasure Ortiz, San Bernardino, expressed her disapproval of the City Manager. She spoke of the financial impact on residents because of lack of qualified City Staff. She disagreed with the police buying new vehicles. Suggested council is complacent about lawsuits in San Bernardino. Regular Meeting Agenda May 20, 2020 Mayor and City Council of the City of San Bernardino Page 4 Printed 3/30/2021 Paige Miller, San Bernardino, commented on fireworks in the City. She suggested a motion to require Fire and Police Departments to give an update on fireworks at the first meeting after the 4th of July regarding fireworks violations and moneys collected. She stated that fireworks should be banned in the City because they are hard on first responders; wanted an update on how the City is dealing with the homeless population; and commended the animal shelter program for their work. Anonymous, San Bernardino, asked Council to please allow small businesses to open or they will not survive due to COVID-19. Esmerelda Negrete, San Bernardino, spoke about the sale of the land south of Highland Avenue (Agenda Item #3). She stated the City is losing millions on the sale and suggested not to sell the land. Also spoke about the Vanir Tower lease agreement and suggested the City does not renew their contract. She also stated her disapproval of buying more police vehicles. Council Member Mulvihill read a written public comment into the record. STAFF REPORTS 3. Purchase and Sale Agreement with Mark Development, LLC for Real Property Located Between Arden and Guthrie Avenues, South of Highland Avenue – Successor Agency Action Recommendation It is recommended that the Mayor and City Council, in the capacity as the Successor Agency to the Redevelopment Agency of the City of San Bernardino, California, adopt Resolution No. 2020-91 approving the Purchase and Sale Agreement and Joint Escrow Instructions between the Successor Agency to the Redevelopment Agency of the City of San Bernardino and Mark Development, LLC, a California limited liability company, with respect to the real property located on the north by Highland Avenue, between Arden Avenue and Guthrie Avenue, and on the south by 20th Street, between Arden Avenue and Guthrie Avenue, San Bernardino, California (APNs 1191-021-01, 1191-021-11 to 69, 1191-041-17 to 22, and 1191- 041-25 to 32), and approving certain related actions. jeopardy. Community and Economic Development Director Michael Huntley provided a presentation to the Mayor and City Council. Regular Meeting Agenda May 20, 2020 Mayor and City Council of the City of San Bernardino Page 5 Printed 3/30/2021 RESULT: Adopted Resolution No. 2020-91 approving the Purchase and Sale Agreement and Joint Escrow Instructions with Mark Development, LLC. MOVER: James Mulvihill, Councilmember, Ward 7 SECONDER: Henry Nickel, Councilmember, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, and Mulvihill ABSENT: Richard NOES: None 4. Lease Extension Agreement - Vanir Tower Building, Inc. Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino adopt Resolution 2020-105 authorizing the City Manager to execute Amendment No. 2 ("Second Amendment”) to the Lease with Vanir Tower Building, Inc., at 290 North D Street, San Bernardino, California, extending the Lease Agreement through June 30, 2021. Public Work Director Kris Jensen provided a presentation to the Mayor and City Council. Council Members Nickel and Ibarra expressed their disagreement in extending the lease for a year. Council Member Ibarra proposed staying on a month-to-month lease. Public Works Director Kris Jensen explained the risks of staying on the month-to-month lease and explained the hold-over status. Council Member Nickel inquired on the status of the former City Hall building. City Manager Teri Ledoux informed that staff would present options on what could be done with the former City Hall building before the year's end to the Mayor and City Council. Council Member Nickel proposed a month-to-month lease extension. There was further discussion by the Mayor and City Council. Council Member Figueroa proposed entering a six-month lease with the expectation of a conversation related to a permanent City Hall. Council Member Nickel seconded the motion. Mayor Pro-Tem Sanchez requested an amendment to the original motion directing staff to enter negotiations with the Vanir building management to obtain the costs and savings if the City were to vacate the 8th floor and bring back a preliminary report on the former City Hall building. Council Member Figueroa requested that staff explain why other City buildings could not be utilized for City Hall and Mayor Valdivia informed that information could be provided in the workshop. Regular Meeting Agenda May 20, 2020 Mayor and City Council of the City of San Bernardino Page 6 Printed 3/30/2021 RESULT: Directed Staff to enter into a six-month extension to the Lease agreement for the Lease with Vanir Tower Building, Inc., negotiate with the building management to see what the cost savings would be if only the first and third floors are occupied, with a reduction of the eighth floor, and hold a study session regarding the status of the former city hall building MOVER: Juan Figueroa Councilmember, Ward 3 SECONDER: Henry Nickel, Councilmember, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Nickel NOES: Shorett and Mulvihill ABSENT: Richard 5. Issue Purchase Orders for Unmarked Police Vehicles Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-107: 1. Repealing Resolution No. 2020-74; and 2. Authorizing the Director of Finance to amend the FY 2019/20 adopted budget and issue multiple purchase orders at a total not to exceed $115,000 for the purchase of pre-owned unmarked police vehicles from the best option vendors selected. Interim Police Chief Eric McBride provided a presentation to the Mayor and City Council. Mayor Pro-Tem Sanchez inquired where the funding was coming from, and Interim Police Chief McBride explained that the City had received a grant from the San Manuel Band of Mission Indians. Council Member Shorett asked why there was an increase in the price, and Chief McBride explained that the total includes safety equipment. The City Council expressed the importance of opening the bid to local vendors, and City Manager Teri Ledoux explained that the municipal code has a local vendor preference. Regular Meeting Agenda May 20, 2020 Mayor and City Council of the City of San Bernardino Page 7 Printed 3/30/2021 RESULT: Adopted Resolution No. 2020-107 Repealing Resolution No. 2020—74, and authorizing the Director of Finance to amend the FY 2019-20 adopted budget and issue multiple purchase orders at a total not to exceed $115, 000 for the purchase of pre-owned unmarked police vehicles from the best option vendors selected MOVER: Theodore Sanchez, Councilmember, Ward 1 SECONDER: James Mulvihill, Councilmember, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Nickel, Shorett, and Mulvihill ABSENT: Richard NOES: None PUBLIC HEARINGS 6. Public Hearing Regarding Resolution Establishing Certain Fees for Services Furnished by the City Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, conduct a public hearing regarding a resolution establishing certain fees for services; and adopt Resolution No. 2020-106 of the Mayor and City Council of the City of San Bernardino, California, establishing certain fees for services furnished by the City of San Bernardino and repealing Resolution Nos: 2008-277, 2009-122 and 2009-161. Mayor Valdivia opened the Public Hearing at 9:11 PM. City Manager Teri Ledoux provided a brief explanation on this item and informed that Rita Conrad was on standby should the Mayor and City Council have any questions. There were no requests to speak or written communication for this item. The Public Hearing was closed at 9:12 PM. RESULT: Adopted Resolution No. 2020-106 establishing certain fees for services furnished by the City of San Bernardino, and repealing Resolution Nos. 2008-277, 2009-122, and 2009-161 MOVER: James Mulvihill, Councilmember, Ward 7 SECONDER: Theodore Sanchez, Councilmember, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, and Mulvihill ABSENT: Richard NOES: None Regular Meeting Agenda May 20, 2020 Mayor and City Council of the City of San Bernardino Page 8 Printed 3/30/2021 7. Adopt a Resolution Approving the Substantial Amendment to the 2006 HUD Section 108 Loan Recommendation Adopt Resolution No. 2020-45 of the Mayor and City Council of the City of San Bernardino, California, approving the Substantial Amendment to the 2006 HUD Section 108 Loan Guarantee Assistance for the North Arden Guthrie Project. Mayor Valdivia opened the Public Hearing at 9:14 PM. Community and Economic Development Director Michael Huntley provided a presentation to the Mayor and City Council. There were no requests to speak or written communication for this item. The Public Hearing was closed at 9:17 PM. RESULT: Adopted Resolution No. 2020-45 approving the Substantial Amendment to the 2006 HUD Section 108 Loan Guarantee Assistance for the North Arden Guthrie Project MOVER: James Mulvihill, Councilmember, Ward 7 SECONDER: Sandra Ibarra, Councilmember, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, and Mulvihill ABSENT: Richard NOES: None 8. First Reading of Ordinance MC-1531 for Sign Regulations Update Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Introduce for first reading, Ordinance MC-1531 of the Mayor and City Council of the City of San Bernardino, California, adopting the Negative Declaration and approving Development Code Amendment 19-04 updating Chapter 19.22 (Sign Regulations) and amending Chapter 19.20 (Property Development Standards) of the City of San Bernardino Development Code (Attachment 1); and 2. Schedule the final reading of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on June 3, 2020. The Public Hearing was opened at 9:19 PM. Planning Manager Oliver Mujica, Planning Technician Travis Martin, and Genevieve Sharrow of MIG provided a presentation to the Mayor and City Council. There were no requests to speak or written communication for this item. The Public Hearing was closed at 9:38 PM. Regular Meeting Agenda May 20, 2020 Mayor and City Council of the City of San Bernardino Page 9 Printed 3/30/2021 The City Council asked Ms. Sharrow for clarification on certain types of signs and billboards. RESULT: Introduced for First Reading of Ordinance No. MC-1531 for Sign Regulations Update and set the Final Reading for Wednesday, June 3, 2020. MOVER: Henry Nickel, Councilmember, Ward 5 SECONDER: James Mulvihill, Councilmember, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, and Mulvihill ABSENT: Richard NOES: None 9. Street Vacation of a Portion of Artesia Street, South of Rialto Avenue Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, conduct a public hearing, per Street and Highway Code 8322-8325, to consider comments on the proposed street vacation; and adopt Resolution 2020-93 of the Mayor and City Council of the City of San Bernardino, California, approving the vacation of a portion of Artesia Street, South of Rialto Avenue, and the reservation of utilities therein. The Public Hearing was opened at 9:47 PM. Public Works Director Kris Jensen provided a brief presentation to the Mayor and City Council. There were no requests to speak, or written communication received for this item. The Public Hearing was closed at 9:50 PM. RESULT: Adopted Resolution No. 2020-93 approving vacation of a portion of Artesia Street, South of Rialto Avenue, and the reservation of utilities therein MOVER: Henry Nickel, Councilmember, Ward 5 SECONDER: Fred Shorett, Councilmember, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, and Mulvihill ABSENT: Richard NOES: None 10. Street Vacation of a Portion of Home Avenue, “I” Street, Montgomery Street, and the Reservation of Utilities Therein Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: Regular Meeting Agenda May 20, 2020 Mayor and City Council of the City of San Bernardino Page 10 Printed 3/30/2021 1. Conduct a public hearing, per Street and Highway Code 8322-8325, to consider comment on the proposed street vacation; and 2. Adopt Resolution No. 2020-94 of the Mayor and City Council of the City of San Bernardino, California, approving the vacation of a portion of Home Avenue, “I” Street, Montgomery Street, and the reservation of utilities therein. The Public Hearing was opened at 9:51 PM. Public Works Director Kris Jensen provided a brief presentation to the Mayor and City Council. There were no requests to speak, or written communication received for this item. There was a consensus from the City Council to approve staff’s recommendation. RESULT: Adopted Resolution No. 2020-94 approving vacation of a portion of Home Avenue, “I” Street, Montgomery Street, and the reservation of utilities therein MOVER: Henry Nickel, Councilmember, Ward 5 SECONDER: James Mulvihill, Councilmember, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, and Mulvihill ABSENT: Richard NOES: None 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. RESULT: Approve the Consent Calendar pulling Item Nos. 13, 18, and 19 for discussion. MOVER: Henry Nickel, Councilmember, Ward 5 SECONDER: James Mulvihill, Councilmember, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, and Mulvihill ABSENT: Richard NOES: None 11. February and March 2020 City Board, Commission, and Citizen Advisory Committee Approved Minutes Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the minutes from the City’s Board, Commission, and Citizen Advisory Committee meetings approved in March 2020. Regular Meeting Agenda May 20, 2020 Mayor and City Council of the City of San Bernardino Page 11 Printed 3/30/2021 12. Approval of Commercial and Payroll Disbursements Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the commercial and payroll disbursements for April 2020. 13. First Amendment to the Professional Services Agreement Between the City of San Bernardino and Barboza & Associates for Investigation Services Recommendation Adopt Resolution 2020-95 of the Mayor and City Council of the City of San Bernardino, California, approving the First Amendment to the Professional Services Agreement between the City of San Bernardino and Barboza & Associates for workplace investigation services. Council Member Ibarra requested that an update be provided on this item before moving forward. City Attorney Sonia Carvalho informed that an update had been provided on this item during a Closed Session by the outside legal counsel. She was not working on the matter and could not give an update. City Manager Teri Ledoux informed the City Council there had been a staff report in addition to the Closed Session at the last meeting, and currently, there were no further updates. Council Member Shorett brought up concerns from the public related to this investigation and stated that the City is obligated to continue with the investigation. City Attorney Carvalho stated her understanding was that the Mayor had obtained legal counsel and was now represented by his attorney. The City was not compensating him for his attorney at this time. City Attorney Carvalho advised the Mayor that he should not vote on this item, and the Mayor stated he understood. Council Member Nickel asked what the consequences would be if the item were not approved. City Attorney Carvalho informed that in denying the request, the City Council would not be in compliance with City’s harassment policy, and she strongly advised the City Council to enter into the agreement in the best interest of the City. Council Member Nickel stated he wanted to see the initial work product before extending the agreement. At this time City Attorney Carvalho advised the Mayor that he should not participate in the balance of the Consent Calendar because of the direction the discussion had taken. At this time Mayor Valdivia left the online discussion. Regular Meeting Agenda May 20, 2020 Mayor and City Council of the City of San Bernardino Page 12 Printed 3/30/2021 City Attorney Carvalho reminded the City Council that outside legal counsel had provided an update and a timeline of the investigation and that the mayor had obtained his legal counsel. She advised they move forward on approving the item, and if they were not ready to move forward that they not discuss issues that may have been discussed in Closed Session; she also recommended they adjourn the item to a future meeting. Mayor Pro-Tem Sanchez asked if the City Attorney could audit the invoices received to date to check if the cost is justified. City Attorney Carvalho stated for potential conflict of interest purposes, the attorney’s office was trying not to become involved but that she could work with the outside legal counsel and ask where the time was spent and potentially negotiate a better rate on the Council’s behalf. Mayor Valdivia returned for the discussion on Item No. 18 after the vote was taken for Item No. 13. RESULT: Continued to a future meeting to obtain an update from the Barboza and Associates investigator. MOVER: James Mulvihill, Councilmember, Ward 7 SECONDER: Sandra Ibarra, Councilmember, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, and Mulvihill ABSENT: Richard NOES: None 14. A Resolution Authorizing Submittal of an Application for Permanent Local Housing Allocation Funds; and a Resolution Approving the Permanent Local Housing Allocation Funds Section 302(C)(4) Plan Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2020-79 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager or Assistant City Manager to submit an application for the projects utilizing Permanent Local Housing Allocation Funds from the California Department of Housing and Community Development; and 2. Adopt Resolution No. 2020-92 of the Mayor and City Council of the City of San Bernardino, approving the Permanent Local Housing Allocation Funds Section 302(c) (4) Plan. Regular Meeting Agenda May 20, 2020 Mayor and City Council of the City of San Bernardino Page 13 Printed 3/30/2021 15. Amended Recognized Obligation Payment Schedule 2020-2021B for the Period of January 1, 2021, through June 30, 2021 Recommendation It is recommended that the Mayor and City Council, in its capacity as the Successor Agency to the Redevelopment Agency of the City of San Bernardino, approve the amended Recognized Obligation Payment Schedule 2020-2021B and authorize the City Manager, or designee, to administer its filing and implementation consistent with the California Health and Safety Code and as more particularly described within the staff report. 16. Final Reading and Adoption of Ordinance MC-1536 Amending Ordinance MC- 1522 and Levying Special Taxes to be Collected During Fiscal Year 2020/21 for Community Facilities District No. 2019-1 (Maintenance Services) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, conduct the final reading and adoption of Ordinance MC-1536 amending Ordinance MC-1522 and levying special taxes to be collected during Fiscal Year 2020/21 to pay the annual costs of the maintenance and servicing of street lights, traffic signals, parks, parkways, streets, roads, and open space, the operation and maintenance of storm drainage systems, a reserve fund for capital replacement, and administrative expenses with respect to the City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services). 17. Award of Construction Contract for Demolition of 4004 Electric Avenue & 314 W. 40TH Street Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-97: 1. Authorizing expenditures in a total amount of $46,168 for the demolition of 4004 Electric Avenue and 314 W. 40th Street in support of CIP SS04-014 40th Street Widening from Johnson Street to Electric Avenue (“Project”) to include a construction contract in the amount of $40,168, contingencies in the amount of $4,000 and engineering and inspection costs in the amount $2,000; and 2. Approving the award of a Construction Contract with Interior Demolition, Inc. of Montrose, California, in the amount of $40,168 to perform the demolition work; and 3. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Regular Meeting Agenda May 20, 2020 Mayor and City Council of the City of San Bernardino Page 14 Printed 3/30/2021 18. Award of Construction Contract for Citywide Bus Stop Improvements Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-98: 1. Accepting TDA Article 3 Transit Stop Access Program Grant in the amount of $26,936; and 2. Amending the FY 2019/20 Capital Improvement Plan (CIP) to include Citywide Bus Stop Improvements (“Project’); and 3. Approving a total project budget in the amount of $66,000 to include the construction contract in the amount of $58,880, project contingencies in the amount of $6,020, and engineering and inspection budgets in the amount of $1,100; and 4. Approving the award of a Construction Contract with TRYCO General Engineering of Lake Arrowhead, California in the amount of $58,880; and 5. Authorizing the Director of Finance to amend the FY 2019/20 adopted budget to allocate $39,064 in Measure I Funds (Fund 129) to the Project; and 6. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. At Council Member Ibarra’s request Public Works Director Kris Jensen provided a brief presentation to the Mayor and City Council. RESULT: Adopted Resolution No. 2020-98 approving staff’s recommendation. MOVER: Henry Nickel, Councilmember, Ward 5 SECONDER: Theodore Sanchez, Councilmember, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, and Mulvihill ABSENT: Richard NOES: None 19. Mt. Vernon Bridge Replacement Project – Construction and Maintenance Agreement Between the City of San Bernardino, San Bernardino County Transportation Authority (SBCTA), and Burlington Northern Santa Fe Railway (BNSF) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-99, approving Construction and Maintenance Agreement No. 19-1002208 ("Agreement") with San Bernardino County Transportation Authority (SBCTA), and Burlington Northern Santa Fe Railway (BNSF) for the demolition, construction, and maintenance of the Mt. Vernon Bridge; and authorizing the City Manager to execute the Agreement. Regular Meeting Agenda May 20, 2020 Mayor and City Council of the City of San Bernardino Page 15 Printed 3/30/2021 Council Member Nickel inquired whether SBCTA could be asked to preserve some of the railing of the Mt. Vernon Bridge. RESULT: Adopted Resolution No. 2020-99 Approving a Construction and Maintenance Agreement No. 19-1002208 (Agreement) with San Bernardino County Transportation Authority (SBCTA) and Burlington Northern Santa Fe Railway (BNSF) MOVER: Fred Shorett, Councilmember, Ward 4 SECONDER: Theodore Sanchez, Councilmember, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, and Mulvihill ABSENT: Richard NOES: None 20. Fiscal Year 2020-21 Assessment Levies for Previously Formed Districts Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution Nos. 2020-100, 2020-101, 2020-102, 2020-103 and 2020-104, declaring intention to levy and collect assessments for Fiscal Year 2020/21 within various assessment districts within the City of San Bernardino, approving engineer’s reports for each assessment district, and providing notice of the time and place of hearing on proposed assessments in each assessment district. ITEMS TO BE REFERRED TO COMMITTEE Council Member Nickel requested a status update on outstanding cannabis litigation and update on the redevelopment of the former Carousel Mall. He inquired if there was an update to the protocol on how residents could report crime and not impact the response rate. Council Member Ibarra expressed concern over the animal shelter not accepting stray animals or owner surrenders. Council Member Figueroa requested an update on the landfill located at Vanderbilt and Carnegie. Council Member Mulvihill requested an update on the potential options for the former City Hall. REPORTS ON CONFERENCES/MEETINGS ATTENDED There were no reports on conferences or meetings attended from the Mayor and City Council. Regular Meeting Agenda May 20, 2020 Mayor and City Council of the City of San Bernardino Page 16 Printed 3/30/2021 ADJOURNMENT The regular meeting of the Mayor and City Council was adjourned at 10:35 p.m. on Wednesday, May 20, 2020. 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, June 3, 2020, Via Zoom. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. Genoveva Rocha, CMC