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HomeMy WebLinkAbout09-17-2025 Annotated AgendaCITY OF SAN BERNARDINO ANNOTATED AGENDA 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, SEPTEMBER 17, 2025 3:30 PM - CLOSED SESSION 5:00 PM - OPEN SESSION FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez Helen Tran COUNCIL MEMBER, WARD 1 MAYOR Sandra Ibarra COUNCIL MEMBER, WARD 2 Juan Figueroa MAYOR PRO-TEM, WARD 3 Fred Shorett COUNCIL MEMBER, WARD 4 Dr. Treasure Ortiz COUNCIL MEMBER, WARD 7 Eric Levitt CITY MANAGER Sonia Carvalho CITY ATTORNEY Telicia Lopez ACTING CITY CLERK Kim Knaus COUNCIL MEMBER, WARD 5 Mario Flores COUNCIL MEMBER, WARD 6 City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org Annotated Agenda 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, SEPTEMBER 17, 2025 3:30 PM The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 3:31 PM. by Mayor Helen Tran on Wednesday, September 17, 2025, at Feldheym Central Library, San Bernardino, CA. CALL TO ORDER Theodore Sanchez Council Member, Ward 1 Present Sandra Ibarra Council Member, Ward 2 Present Juan Figueroa Mayor Pro-Tem, Ward 3 Present Fred Shorett Council Member, Ward 4 Present Kim Knaus Council Member, Ward 5 Present Mario Flores Council Member, Ward 6 Present Dr. Treasure Ortiz Council Member, Ward 7 Present Helen Tran Mayor Present Eric Levitt City Manager Present Albert Maldonado Assistant City Attorney Present Telicia Lopez Acting City Clerk Present Courtney Bowen Deputy City Clerk Present Mayor Helen Tran Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Kim Knaus Mario Flores Dr. Treasure Ortiz Regular Meeting Annotated Agenda September 17, 2025 Mayor and City Council of the City of San Bernardino Page 2 3:30 P.M. CLOSED SESSION PUBLIC COMMENT There were no public comments for Closed Session CLOSED SESSION A) CONFERENCE WITH LEGAL COUNSEL ­ EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): i.) Matthew Brown v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB2025900 ii.) Ricardo Paniagua v. City of San Bernardino, et al., United States District Court Case No. 5:25- cv-01181-SSS iii.) San Bernardino Development Company, LLC v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2405584 B) CONFERENCE WITH LEGAL COUNSEL - Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2)): (2) Cases C) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) City Clerk (Discussion; Appointment) 5:00 PM The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:09 PM by Mayor Helen Tran on Wednesday, September 3, 2025, at Feldheym Central Library, San Bernardino, CA. Attendee Name Title Status Arrived INVOCATION AND PLEDGE OF ALLEGIANCE Deacon Nelson Glass from Our Lady of the Assumption Church led the invocation, and Vernae Palmer from Lankershim Elementary School led the Pledge of Allegiance to the Flag. Regular Meeting Annotated Agenda September 17, 2025 Mayor and City Council of the City of San Bernardino Page 3 CLOSED SESSION REPORT Assistant City Attorney Albert Maldonado reported that there was a unanimous vote to approve a settlement in the matter of Item A) ii) on the Closed Session Agenda (Ricardo Paniagua v. City of San Bernardino, et al.). The motion was made by Council Member Shorett and Seconded by Council Member Sanchez. Regarding Item C), there was a motion made by Council Member Sanchez, seconded by Council Member Shorett, to appoint Acting City Clerk Telicia Lopez to the City Clerk position. The motion passed 6-2, with Council Member Ortiz and Mayor Tran voting in opposition. The appointment will be finalized upon approval of a contract presented at the October 1, 2025 regular Mayor and City Council PRESENTATIONS 1.Citizen(s) of the Month – The Essential Barber Club Council Member Sanchez presented the certificate to Stevie Valencia, Jr. 2.Proclamation for Hispanic Heritage Month – September 15 – October 15, 2025 (All Wards) The Mayor and City Council presented the certificate to members of the Hispanic Chamber of Commerce. 3.Proclamation for California Native American Day in the City of San Bernardino – September 26, 2025 (All Wards) The Mayor and City Council presented the proclamation to Assembly Member James Ramos. PUBLIC HEARING 4.Continuation, September 17, 2025, of Public Hearing to Adopt Resolution Denying or Approving Appeal 24­06 of Planning Commission's Approval of Resolution 2024­034­ PC that Restored the Conditions of Approval for Administrative Development Permit 22­020 (Ward 3) Recommendation:It is recommended that the Mayor and City Council of the City of San Bernardino,California, 1.Adopt Resolution No. 2025-352 of the Mayor and City Council of the City of San Bernardino, California denying Appeal 24 -06 of Appeal24-0 5, thereby upholding the Planning Commission’s approval of Appeal 24-05, which restored the deleted conditions of approval 20 (twenty) through 26 (twenty-six) that were redacted within the Community Development and Housing Departments approval of Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-020; for the property located at 379 E. Industrial Road on 0.83 acres (APN: 0141-581-03) within the Industrial Light (IL) zone, Ward 3 (Attachment 1 (A1)). Regular Meeting Annotated Agenda September 17, 2025 Mayor and City Council of the City of San Bernardino Page 4 OR 2.Adopt Resolution No. 2025-353 of the Mayor and City Council of theCity of San Bernardino, California approving Appeal 24-06,thereby overturning the Planning Commission’s approval of Appeal 24-05, regarding conditions of approval 20 (twenty) through 26 (twenty-six), that were redacted through the Community Development and Housing Departments approval of Amendment to Conditions of Approval 23 -01 ori ginally drafted for Administrative Development Permit 22-020; for the property located at 379 E. Industrial Road on 0.83 acres (APN: 0141-581-03) within the Industrial Light (IL) zone, Ward 3 (Attachment 3 (A2)). Mayor Tran opened the quasi-judicial Public Hearing at 5:30 p.m. There was one public comment. Mayor Tran closed the Public Hearing at 6:43 p.m. After hearing staff’s presentation and testimony from both appellants, the Mayor and City Council directed both parties to re-attempt negotiations in order to reach an agreement. RESULT: REJECTED STAFF’S RECOMMENDATION; CLOSED THE PUBLIC HEARING AND CONTINUED THE ITEM FOR 45 DAYS TO ALLOW THE APPELLANTS TIME TO REACH AN AGREEMENT. IF NO AGREEMENT IS REACHED, THE ITEM WILL RETURN TO THE NOVEMBER 19, 2025 REGULAR MEETING FOR RECONSIDERATION [7­0] MOVER: Sandra Ibarra, Council Member, Ward 2 SECONDER: Kim Knaus, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None 5.Approval of the Draft Fiscal Year 2024­2025 Consolidated Annual Performance and Evaluation Report (CAPER) to the US Department of Housing and Urban Development (All Wards)Recommendation:It is recommended that the Mayor and City Council of the City of San Bernardino,California: 1.Conduct a public hearing on the draft Fiscal Year 2024-2025 Consolidated Annual Performance and Evaluation Report; and 2.Authorize its submission to the United States Department of Housing and Urban Development; and 3.Authorize the City Manager or designee to take any further actions and execute any additional documents necessary to effectuate the submission of the Fiscal Year 2024-2025 Consolidated Annual Performance and Evaluation Report. Regular Meeting Annotated Agenda September 17, 2025 Mayor and City Council of the City of San Bernardino Page 5 Mayor Tran opened the Public Hearing at 7:02 p.m. There were two public comments. The Public Hearing was closed at approximately 7:15 p.m. RESULT: APPROVED STAFF’S RECOMMENDATION [7­0] MOVER: Sandra Ibarra, Council Member, Ward 2 SECONDER: Treasure Ortiz, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None CITY MANAGER UPDATE At this time, City Manager Eric Levitt provided updates to the community regarding new businesses, homeless services, and upcoming events. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA At this time, public comments were heard. 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: APPROVED THE CONSENT CALENDAR AND PULLED ITEM NO. 13 FOR A SEPARATE VOTE [7­0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Kim Knaus, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None 6. Approval of Various Mayor and City Council Meeting Minutes p. 887 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the meeting minutes for the following dates: 1. April 2, 2025 Regular Meeting Draft Minutes 2. June 18, 2025 Regular Meeting Draft Minutes 3. July 16, 2025 Regular Meeting Draft Minutes 4. August 13, 2025 Special Meeting Draft Minutes RESULT: APPROVED STAFF’S RECOMMENDATION [7­0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Kim Knaus, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None Regular Meeting Annotated Agenda September 17, 2025 Mayor and City Council of the City of San Bernardino Page 6 7.Irrevocable Agreement to Annex No. 2025­385 to Provide Sewer Services (Ward 6) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-367: 1.Approving the application to the Local Agency Formation Commission to provide City sewer services to a property located at 2326 Portola Street, San Bernardino, California, within the unincorporated community of San Bernardino County; and 2.Authorizing the City Manager to execute an Irrevocable Agreement to Annex. RESULT: ADOPTED RESOLUTION NO. 2025-367 [7­0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Kim Knaus, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None 8.Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019­1 (Maintenance Services): Annexation No. 51, Tax Zone No. 51 (Cajon Industrial Park located at the northwest corner of Institution Road and Southern Pacific RR) (Ward 6) Recommendation:It is recommended that the Mayor and City Council of the City of San Bernardino,California, adopt Resolution No. 2025-368: 1.Authorizing the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019 -1 (M aintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 51); and 2.Authorizing the levy of special taxes therein. RESULT: ADOPTED RESOLUTION NO. 2025­368 [7­0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Kim Knaus, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None Regular Meeting Annotated Agenda September 17, 2025 Mayor and City Council of the City of San Bernardino Page 7 9.A pproval of Commercial and Payroll Disbursements and Purchase Card Transactions for July 2025 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial, payroll disbursements and purchasing card transactions for July 2025. RESULT: APPROVED STAFF’S RECOMMENDATION [7­0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Kim Knaus, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None 10.Investment Portfolio Report for July 2025 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the Monthly Investment Portfolio Report for July 2025. RESULT: APPROVED STAFF’S RECOMMENDATION [7­0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Kim Knaus, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None 11.Adoption of Resolution, Establishing the Start Time for the Parks, Recreation and Community Services Commission Regular Meetings (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-369 establishing the start time for the regular meetings of the Parks, Recreation and Community Services Commission. RESULT: ADOPTED RESOLUTION NO. 2025­369 [7­0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Kim Knaus, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None Regular Meeting Annotated Agenda September 17, 2025 Mayor and City Council of the City of San Bernardino Page 8 12.Authorize the City Manager to Execute Amendment No.1 to the Law Enforcement Services Agreement with the San Bernardino International Airport Authority (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute the proposed First Amendment to the Law Enforcement Services Agreement between the City of San Bernardino and the San Bernardino International Airport Authority. RESULT: APPROVED STAFF’S RECOMMENDATION [7­0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Kim Knaus, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None 13.Acceptance of Yuhaaviatam of San Manuel Nation Grant Award Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California (“City”) adopt Resolution No. 2025-370 authorizing: 1.The acceptance of the Yuhaaviatam of San Manuel Nation Grant Award; and 2.The amendment of the Fiscal Year 2025/2026 adopted Budget in both revenue and expenditures by $200,000. Council Member Ortiz pulled this item for further discussion. Council Members Shorett, Sanchez, Knaus, and Mayor Tran, all recused themselves from this item due to a conflict of interest for receiving campaign contributions from San Manuel. Council Member Ortiz asked Police Chief Goodman if this would be an ongoing grant. Chief Goodman stated that this was a one-time grant, and future expenses would be covered by the department’s budget. RESULT: ADOPTED RESOLUTION NO. 2025-370[4­0] MOVER: Sandra Ibarra, Council Member, Ward 2 SECONDER: Treasure Ortiz, Council Member, Ward 5 AYES: Ibarra, Figueroa, Flores, Ortiz NOES: None RECUSE: Sanchez, Shorett, Knaus Regular Meeting Annotated Agenda September 17, 2025 Mayor and City Council of the City of San Bernardino Page 9 14. Approve Amendment No. 2 to the Agreement with Z & K Consultants, Inc. for Nicholson Park Construction Management and Construction Inspection Services for $167,156.21 for a total amount not to exceed $844,794 (Ward 6) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve Amendment No. 2 to the Professional Services Agreement with Z & K Consultants, Inc. in the amount of $167,156.21 for the Construction Management and Construction Inspection Services for Nicholson Park Improvements, increasing the not to exceed amount to $844,794 (Project); and 2. Authorize the City Manager or designee to execute all documents with Z & K Consultants, Inc.; and 3. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Council Member Flores announced that he would abstain from this item, due to residing within 500 feet of the project. RESULT: APPROVED STAFF’S RECOMMENDATION [6­0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Kim Knaus, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Ortiz NOES: None ABSTAIN: Flores 15. Authorization to Issue Two Task Orders with Infrastructure Engineers for Inspection Services in Support of the City’s Capital Improvement Program and Land Development for a total amount not to exceed $450,000 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve Task Order No. 2026-001 with Infrastructure Engineers, A Bowman Company, in the amount of $250,000 for inspection services in support of the City’s Capital Improvement Program (CIP); and 2. Approve Task Order No. 2026-002 with Infrastructure Engineers, A Bowman Company, in the amount of $200,000 for inspection services in support of the Land Development Division; and 3. Authorize the City Manager, or designee, to execute both task orders Regular Meeting Annotated Agenda September 17, 2025 Mayor and City Council of the City of San Bernardino Page 10 and any related documents necessary to implement these services, consistent with the terms of the existing Professional Services Agreement with Infrastructure Engineers. RESULT: APPROVED STAFF’S RECOMMENDATION [7­0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Kim Knaus, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None 16. Authorization to Issue Two Task Orders with Willdan Engineering for Plan Check, and Staff Augmentation Services in Support of the Land Development Division for a total amount not to exceed $800,000 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Authorize Task Order No. 2026-001 with Willdan Engineering in the amount of $600,000 for the provision of plan check services in support of the Land Development Division; and 2. Authorize Task Order No. 2026-002 with Willdan Engineering in the amount of $200,000 for the provision of staff augmentation in support of the Land Development Division; and 3. Authorize the City Manager or designee to execute both task orders and any related documents necessary to implement these services, consistent with the terms of the existing on-call Professional Services Agreement with Willdan Engineering. RESULT: APPROVED STAFF’S RECOMMENDATION [7­0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Kim Knaus, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None 17. Approve the Memorandum of Understanding with the San Bernardino Municipal Water Department for the Total Lease Amount Not to Exceed $354,098 for Water Department Property (Ward 3) p. 1305 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2025-371: 1. Authorizing the City Manager to Execute the Memorandum of Understanding (MOU) with the San Bernardino Municipal Water Department (SBMWD) for the lease of Water Department Property at 333 Chandler Place; and Regular Meeting Annotated Agenda September 17, 2025 Mayor and City Council of the City of San Bernardino Page 11 2. Authorizing the Director of Finance and Management Services to amend the FY 2025/26 Animal Shelter operating budget in the amount of $66,696.00 for the lease of Water Department Property at 333 Chandler Place. RESULT: ADOPTED RESOLUTION NO. 2025­371 [7­0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Kim Knaus, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 18. Discuss a Potential for a One­Year Moratorium on the Sale and Use of Fireworks Within the City of San Bernardino and/or Restriction on Permitting and/or Increasing Fines and Enforcement; to be Brought Back to the City Council Within the Next 60 Days (All Wards) – (Council Member Ortiz) 19. Direct Staff to Research and Bring Back a Policy Proposal Within 45 Days Evaluating the Feasibility of Requiring All Public and Private Homeless Shelters, Interim Housing Facilities, Homeless Recuperative Care Centers and Similar Facilities Operating Within the City of San Bernardino to Allocate of Minimum of 40% of Beds, Rooms and Service to the City of San Bernardino to Effectively Address the City’s Unhoused Population, Demonstrate the Ability to Provide Shareable Data (As the Law Permits) and Track Participant Outcomes for No Less Than Six months, Submit a 12 Month Security Plan Annually for Approval, Reimbursement Requirement for Any Nuisance Complaints and Increased Service Demands as a Result of the Project, and Complete Interior and Exterior Facility Upgrades that Enhance Neighborhood Aesthetics and Align with Current City Standards. (All Wards) ­ (Council Member Knaus) 20. Direct the City Manager to Convene a Special Meeting or Workshop of the Mayor and City Council Within 30 to 60 Days to Provide a Comprehensive Update on the Navigation Center and City­Funded Homeless Service Contractors, Including Project Status, timeline, Budget, Funding, and Performance Outcomes from 2022 to Present. (All Wards) ­ (Council Member Shorett) There was consensus amongst the Mayor and City Council to vote on items 18-20 in one motion. The Council also discussed the timeliness of the items, and directed staff to prioritize them appropriately. Regular Meeting Annotated Agenda September 17, 2025 Mayor and City Council of the City of San Bernardino Page 12 RESULT: APPROVED ITEMS 18­20 TO BE CONSIDERED AT FUTURE MEETINGS [7­0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Kim Knaus, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None ADJOURNMENT The meeting of the Mayor and City Council was adjourned on Wednesday, September 17, 2025, at 8:33 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 October 1, 2025 at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m. Telicia Lopez, CMC Acting City Clerk