HomeMy WebLinkAbout12-04-2024 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, DECEMBER 4, 2024
4:00 PM
The Regular Meeting was called to order at 5:48 PM by Mayor Helen Tran on Wednesday,
December 4, 2024, at Feldheym Central Library, San Bernardino, CA.
CALL TO ORDER
Attendee Name Title Status Arrived
Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
Regular Meeting Draft Minutes December 4, 2024
Mayor and City Council of the City of San Bernardino Page 2
4:00 PM
At this time, the agenda was re-ordered by the Mayor Tran. The presentation was heard
first, followed by public comments for items listed and not listed on the agenda, and
lastly the consent calendar. Closed Session convened at the end of the meeting.
5:00 PM
INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor August Smith from Truelight Community Fellowship led the Invocation and Amir
Burrell, 3rd grade student from Central Elementary School led the Pledge of Allegiance
to the Flag.
PRESENTATIONS
1. Presentation on Broadband Strategic Master Plan (All Wards)
Chris Taylor and Alicia Gonzalez of Michael Baker International gave a presentation.
CITY MANAGER UPDATE
Acting City Manager Clayton gave an update on grant funding for homeless activities,
providing a snapshot of grants awarded, applied for, and still pending. She stated that
the information would be included in the meeting minutes and shared with the city
council.
At this time, Public Information Officer Jeff Kraus provided city-wide updates on several
recent events, including the 22nd Annual Spirit of the Entrepreneur awards, where four
San Bernardino businesses won top honors, with Anita's Mexican Foods receiving the
grand prize. Additionally, the Animal Shelter hosted a Thanksgiving event, serving over
300 dogs and a pig, and announced free adoptions for dogs in December. Nicholson
Park’s $8.8 million renovation was progressing, with a completion expected by early
spring. The Cross Street Bridge, deemed unsafe, was demolished and would be
replaced by April 2025, alongside upgrades to the Fairfax Elementary playground. The
upcoming Ho-Ho Parade from December 9-12 and new Chromebooks available for
checkout at Feldheym Library were also discussed. Lastly, the Miracle on Court Street
event, featuring various holiday activities, would begin the following evening.
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
Erick Marquez spoke on the San Bernardino Symphony Orchestra Guild concert on
December 14, 2024, tickets were available online or at the Garcia Center.
James Smith shared positive feedback about the improvements happening in San
Bernardino, particularly praising the efforts at Perris Hill Park and the Parks and
Recreation Department. He thanked the city council for allocating funds to improve the
city's streets. He mentioned the upcoming jubilee at San Bernardino High School. He
also expressed admiration for the current superintendent of San Bernardino Unified
School District, Mauricio Arellano. He concluded by commending the mayor and city
council for their efforts in moving the city forward and encouraging a positive outlook for
the future of San Bernardino.
Regular Meeting Draft Minutes December 4, 2024
Mayor and City Council of the City of San Bernardino Page 3
Jim Dettman representative from Veterans Alcoholic Rehabilitation Program (VARP)
Incorporation, spoke in support of item 4. He highlighted their long-standing work in
addiction and mental health treatment in San Bernardino. He emphasized the need for
long-term, comprehensive solutions to homelessness and urged the council to approve
the grant and related agreements.
Treasure Ortiz read a letter from the Ontario Police Chief expressing serious concerns
over Councilmember Sanchez’s actions. She emphasized the need for accountability
and real solutions to homelessness in San Bernardino.
Luis Ojeda spoke on ongoing political games in San Bernardino, urged an end to
special interest influence, and called for unity and focus on the city’s future. He also
addressed a past false accusation by a councilmember but chose not to take legal
action out of care for the city.
Mike Hartley spoke on councilmembers for complaining about $17 million being lost
while pointing out past large payout to former city managers and officials, totaling over a
million dollars. He also mentioned uncovering more issues in the future.
Georgia L. questioned the unexplained drop in animal euthanizations and lack of
transparency in animal services. She also spoke on the city’s inaction on
homelessness, called for better leadership, and urged reforms focused on accountability
and humane practices.
Al Palazzo expressed a desire to rebuild San Bernardino, recalling childhood memories
and suggesting the Harris building be offered to the Stanley family for revitalization. He
stressed the importance of creative redevelopment ideas and shared personal
influences on his views, hoping to contribute to the city's future.
Albert Hopkins praised the cleanup of Perris Hill Park but pointed out increased
homelessness nearby and poor lighting. He also spoke on the condition of local streets,
particularly Waterman Avenue, and urged the city to properly pave roads and improve
the overall image of the area.
Lydia Savala spoke about the Animal Shelter running out of microchips. She also spoke
on the shelter for using grant money and relying on rescue groups. She suggested a
volunteer-run shelter might be more effective.
Felicia Alexander, board member of San Bernardino City Unified, thanked the
community for supporting the 10th annual San Bernardino Turkey Trot. She also
highlighted the event’s growing traditions, community involvement, and new fundraising
efforts. She also praised her husband, Councilmember Damon Alexander, for his
service and integrity.
L'Rea Robinson spoke on the city ignoring code violations, poor housing conditions, and
rising rents. She also urged the city to better address the homelessness and use
existing resources.
Regular Meeting Draft Minutes December 4, 2024
Mayor and City Council of the City of San Bernardino Page 4
Jeremy Perez, a Valley College student, urged the city to protect undocumented
residents by becoming a sanctuary city and criticized the removal of homeless
individuals from parks, calling it inhumane.
Albert Gutierrez unhoused resident urged the city to prioritize housing over temporary
beds, questioned how navigation center resources would be allocated, and called for
accountability and proper use of funds to truly address homelessness.
Shaun Martinez read a letter from Randy Corrigan from Teamsters Local 1932 and
expressed concern about the Police Department’s treatment of community events and
peaceful protests. He highlighted issues during their car show, where vendors and
participants were harassed despite having permits. He called for a labor liaison to
educate officers on labor rights and avoid further conflicts, emphasizing the importance
of community collaboration and the need to address unfair treatment.
Carmen Gallegos new resident in the city, expressed frustration with the city's neglect of
infrastructure, such as the delayed repair of sidewalks. She spoke on the misuse of
resources and unsafe practices, highlighting concerns about fireworks, crime, and the
handling of events involving alcohol and cannabis. She proposed using city spaces for
housing to address street issues and suggested creating a safer environment for the
community.
Less spoke on the city's leadership for mishandling the bankruptcy and the actions of
current and former officials. He called for a forensic audit and greater transparency,
expressing disappointment over decisions like the Dollar General in Ward 7. He also
demanded an investigation into a past incident and urged new council members to
implement meaningful changes to address ongoing voting issues.
Malibu thanked Councilmember Calvin for her contributions to San Bernardino,
particularly Nicholson Park, and praised city departments for their efforts in cleaning up
Perris Hill Park. She acknowledged ongoing challenges, especially homelessness, and
emphasized the need for better solutions and more effective use of funds. She
expressed hope for future change and continued support for the city.
At this time, City Clerk Rocha announced that written correspondence had also been
received from Paula Plunk and Cheyenne Ofo-ob.
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.
2 AND 5 FOR A SEPARATE VOTE [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: None
Regular Meeting Draft Minutes December 4, 2024
Mayor and City Council of the City of San Bernardino Page 5
2. Accept Grant Funds from Best Friends Animal Society
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-228:
1. Authorizing the City Manager to accept grant funds from
Best Friends Animal Society; and
2. Authorizing the Director of Finance and Management Services to amend the Fiscal Year 2024/25 budget to appropriate $2,000 in both revenues and expenditures for animal shelter programs and services.
This item was pulled by Councilmember Alexander. He expresseed concern after
hearing that 12,000 microchips were gone. He referenced a $2,000 grant mentioned
in backup materials, suggesting it could be used to purchase more microchips. He
also emphasized the importance of timely reporting on how the grant funds were
used.
Director of Animal Services, Kris Watson, clarified that the information about
microchips being unavailable was incorrect. She confirmed that microchips were in
stock and additional ones would be ordered, with some donated as well. The shelter
chips not only adopted animals but also those returning home, processing around
6,000 dogs and cats annually. They also host free microchipping events for pets,
including those of the unhoused, and plans to provide a report to the city manager.
RESULT: ADOPTED RESOLUTION NO. 2024-228 [7-0]
MOVER: Damon Alexander, Council Member, Ward 7
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: None
3. Regional Partnership Amendment No. 1 to Modular Office Building Purchase for Animal Services (All Wards) Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution No. 2024-229:
1. Authorizing the City Manager to Execute Amendment # 1 to the
Goods Purchase Agreement with William Scotsman, Inc. in the
amount of $13,132.62 to accommodate a price adjustment to include
prevailing wages on the purchase of a modular building for Animal
Services, and
2. Authorizing the Director of Finance and Management Services to amend
the purchase order to William Scotsman, Inc., in an amount not to
exceed $440,000.00.
Regular Meeting Draft Minutes December 4, 2024
Mayor and City Council of the City of San Bernardino Page 6
RESULT: ADOPTED RESOLUTION NO. 2024-229 [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: None
4. A cceptance of the Encampment Resolution Fund Grant from the
California Department of Housing and Community Development in the amount
of $4,569,511 for a 5.2-mile prioritized encampment area along Waterman
Avenue Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Adopt Resolution No. 2024-230 of the Mayor and City Council of the
City of San Bernardino, approving the acceptance of the Encampment
Resolution Fund Round 3 (ERF-3-R) Grant from the California
Department of Housing and Community Development (HCD) in the
amount of $4,569,511; and
2. Ratify the execution of the Encampment Resolution Fund Round 3
(ERF-3-
R) Standard Agreement between the City of San Bernardino and
HCD; and
3. Authorize the Director of Finance and Management Services to amend
the FY 2024/25 Adopted Budget for the ERF-3-R Program by
appropriating
$4,569,511 in both revenues and expenditures; and
4. Approve the addition of the ERF-3-R grant -funded positions: one
(1) Homeless Outreach Coordinator, three (3) Homeless Outreach
Specialists, and one (1) part-time Homeless Outreach Specialist.
5. Authorize the City Manager or designee to enter into direct
agreements with VARP, Inc. for interim housing services
($771,600) and prevention/diversion services ($100,000), and
with Community Action Partnership for mobile shower and laundry
services ($450,000).
6. Authorize the City Manager or designee to take any further actions
or execute any agreements or documents necessary to administer the
ERF-3- R
RESULT: ADOPTED RESOLUTION NO. 2024-230 [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: None
Regular Meeting Draft Minutes December 4, 2024
Mayor and City Council of the City of San Bernardino Page 7
5. Professional Services Agreement with Tetra Growth Systems dba Canna
Business Services for Cannabis Monitoring and Financial Audit Services (All
Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution No. 2024-231 authorizing:
1. The City Manager, or designee, to execute a Professional
Services Agreement with Tetra Growth Systems dba Canna Business
Services for Cannabis Monitoring and Financial Audit Services for an
amount not to exceed $362,316, and execute all documents to
effectuate the Agreement for the term beginning January 1, 2025 and
ending December 31, 2027; and
2. The City Manager, or designee, to execute the two (2) optional one (1)
year extensions with an amount each year not to exceed $120,772.’
Councilmember Calvin pulled this item. There was a discussion amongst
councilmembers and staff. Councilmembers raised concerns about the city’s cannabis
tax revenue, questioning if it aligned with the number of licenses issued. They were
unsure about the accuracy of previous reports and sought clarification on what to expect
from a new vendor once the current contract ended. The discussion highlighted the
difficulty in tracking cannabis tax revenues due to varying operator sales. The new
vendor, hired to monitor compliance and audit sales, was expected to provide a
schedule for audits in 2025. The council expressed frustration over the lack of quarterly
reports, requesting more frequent updates to ensure proper regulation. The issue of
selecting the final cannabis licensee was also discussed, with plans to address it in
January.
RESULT: ADOPTED RESOLUTION NO. 2024-231 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: None
6. Professional Services Agreement with Gallagher Benefit Services,
Inc. for Classification and Compensation Study Services
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the City Manager, or designee, to execute a Professional
Services Agreement with Gallagher Benefit Services, Inc. for classification and
compensation study services.
Regular Meeting Draft Minutes December 4, 2024
Mayor and City Council of the City of San Bernardino Page 8
RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: None
7. Acceptance and Approval of Modernization of Older Californians
Act/Nutrition Services Grant Award FY 2024/25 (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-232:
1. Authorizing the City Manager or designee to accept grant award funds in
the amount of $99,900 from the San Bernardino County Department of Adult
and Aging Services – Public Guardian Modernization of Older Californians
Act (MOCA)/Nutrition Services Grant; and
2. Authorizing the City Manager or designee to conduct all negotiations,
signing, and submitting necessary documents to receive the grant award
funds; and
3. Authorizing the Director of Finance and Management Services to amend
the FY 2024/25 budget in both revenues and expenditures, and appropriate
$99,900 in grant award funds to be used towards intergenerational activities
and infrastructure improvements.
RESULT: ADOPTED RESOLUTION NO. 2024-232 [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: None
8. Accept the FY 2024/2025 Tobacco Grant (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-233 authorizing:
1. The City Manager to accept the FY 2024/25 Department of Justice
Tobacco Grant by signing the Memorandum of Understanding (MOU) from
the Department of Justice (DOJ).
2. The Interim Director of Finance and Management Services to amend the
FY 2024/25 budget by appropriating $301,015 in grant funds in both revenue
and expenditures.
Regular Meeting Draft Minutes December 4, 2024
Mayor and City Council of the City of San Bernardino Page 9
RESULT: ADOPTED RESOLUTION NO. 2024-233 [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: None
9. Execute a Third Amendment to the San Manuel Community Credit Fund
Restricted Grant Agreement for Police Services (Wards 2,3,4,7)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-234 authorizing:
1. The City Manager to execute a 3rd Amendment to the San Manuel
Community Credit Fund Restricted Grant Agreement entering into a police
services agreement until December 31, 2028.
2. The Interim Director of Finance and Management Services to amend the
adopted FY 24/25 budget for the amount of $2,086,620 in revenues and
expenditures.
3. Authorize the Police Department to increase staffing by one (1) Police
Sergeant position and two (2) Police Officer positions.
RESULT: ADOPTED RESOLUTION NO. 2024-234 [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: None
Regular Meeting Draft Minutes December 4, 2024
Mayor and City Council of the City of San Bernardino Page 10
10. Award of Agreement for Construction of Seccombe Lake Park Revitalization
Improvements Project with Landscape Support Services and approval of Task
Order Number 001 for Construction Management and Inspection Services with
CSG Consultants, Inc. (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approve the award of an Agreement Landscape Support Services in the
amount of $10,539,509.65 for the Construction of the Seccombe Lake
Park Revitalization (Project); and
2. Approve Task Order Number 001 with CSG Consultants, Inc., in the amount of
$700,305.00 for construction management and inspection services for the
project; and
3. Authorize the project construction contingencies, professional services
contingencies, and administrative costs in the amount of $1,092,721.60 for
construction of the Project; and
4. Authorize the City Manager or designee to execute all documents with
Landscape Support Services necessary to carry out the Project; and
5. Authorize the City Manager or designee to expend the contingency fund, if
necessary, to complete the Project.
6. Find the Project exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines § 15302 (“Replacement or Reconstruction”).
RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: None
Regular Meeting Draft Minutes December 4, 2024
Mayor and City Council of the City of San Bernardino Page 11
DISCUSSION
11. Acceptance of Donations for the SB HOPE Campus
Recommendation:
1. Approve the acceptance of donations from Loma Linda University Health
(LLUH) in the amount of $70,000, from Inland Empire Health Plan (IEHP)
in the amount of $1.5 million, and from Molina Healthcare in the amount
of $300,000 to support the construction and/or operation of the SB
HOPE Campus.
2. Adopt Resolution No. 2024-xxx; and authorize the Director of Finance
to amend the FY 2024/2025 Operating Budget to both revenues and
expenditures and the creation of a fund to track all donations.
3. Authorize the City Manager or designee to accept future donations on
behalf of the City Council for the SB HOPE Campus to support the
shelter's ongoing operations and services.
4. Authorize the City Manager or designee to execute all necessary
documents related to accepting and utilizing these donations.
Deputy Director of Housing and Homelessness, Cassandra Searcy gave the
presentation.
Councilmembers asked staff how the money was going to be used.
Deputy Director of Housing and Homelessness Searcy explained that Loma Linda
University Hospital and IEHP donated a total of $1,570,000 to support the city’s
navigation and recuperative care center project. The donation was driven by their
confidence in the project, the city's high homeless population, and the healthcare
costs associated with that community. The funds were designated specifically for
completing the center, not for guaranteeing recuperative care beds. Once operational,
a care provider would use separate funding and Medi-Cal reimbursements to cover
those costs.
Council Member Ibarra left the dais at 7:40 PM and returned at 7:48 PM. She was not
present for the vote on Item No. 11.
RESULT: ADOPTED RESOLUTION NO. 2024-235 [6-0]
MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: Sandra Ibarra
Regular Meeting Draft Minutes December 4, 2024
Mayor and City Council of the City of San Bernardino Page 12
12. Navigation Center - Award Design Services and Purchase Agreement
with Mandeville Modular for Site Design, Modular Design, and Purchase
of Modular Units and Award Professional Services Agreement with
CREDE Construction Advisory for Development Management Services
(Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Approve an Agreement for Design Services and Purchase and Delivery
of Goods with Mandeville Modular in the amount of $10,093,027 (which
includes a 15% contingency); and
2. Authorize the Director of Finance and Management Services to issue
a Purchase Order in an amount not to exceed $10,093,027 to
Mandeville Modular; and
3. Approve a Professional Services Agreement with CREDE
Construction Advisory in the amount of $1,091,148 for Development
Management Services of the Navigation Center; and
4. Authorize the Director of Finance and Management Services to issue
a Purchase Order in an amount not to exceed $1,091,148 to
CREDE Construction Advisory; and
5. Authorize the City Manager, or designee, to execute the Agreement for
Design Services and Purchase and Delivery of Goods with Mandeville
Modular and the Professional Services Agreement with CREDE Construction
Advisory.
ITEM WAS PULLED BY ACTING CITY MANAGER CLAYTON, NO ACTION WAS
TAKEN
MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS
At this time, the Mayor and City Council provided updates to the community. Highlights
included attending the National League of Cities conference in Tampa, Florida, where
they toured a shelter serving over 300 people annually for $1.9 million. Other council
members highlighted community events, including the Turkey Trot, upcoming tree
lighting, and the HoHo Parade. Council Member Alexander reflected on the Cal State
San Bernardino shooting anniversary and advocated for an official city remembrance.
Several members honored community figures who had recently passed and praised city
staff for their continued hard work.
Regular Meeting Draft Minutes December 4, 2024
Mayor and City Council of the City of San Bernardino Page 13
ADJOURNMENT
The Regular Meeting of the Mayor and City Council was adjourned on Wednesday,
December 5, 2024, at 7:57 PM. The meeting adjourned in memory of Minnie Lee White
and Daniel Castro and a moment of silence was observed.
Closed Session was called to order at 7:57 PM by Mayor Helen Tran on Wednesday,
December 4, 2024, at Feldheym Central Library, San Bernardino, CA.
CALL TO ORDER
Attendee Name Title Status Arrived
CLOSED SESSION PUBLIC COMMENT
Georgia L. spoke on her concerns about the withheld public records and questionable
legal advice given to the mayor. She urged the council to end the attorney’s contract,
citing a duty to act in the city’s best interest.
Before entering closed session, Mayor Tran stated that she was bringing back an item
regarding the termination of the city attorney's contract, which had previously been
tabled by the council on November 20, 2024. She noted that the city attorney had
acknowledged a conflict of interest and announced that she had requested the city
manager to retain independent counsel with Brown Act expertise to ensure compliance
during the process.
Mayor Pro Tem Shorett stated that the mayor did not have the authority to direct the
hiring of outside counsel and accused both the mayor and city manager of going against
a supermajority of the council that had previously voted not to discuss the city attorney’s
termination. He also corrected a claim that the current law firm BB&K had been with the
city since 2008, clarifying that the city had an elected attorney until the charter changed
in 2016.
At 8:05 p.m. the Mayor and City Council convened into closed session.
Regular Meeting Draft Minutes December 4, 2024
Mayor and City Council of the City of San Bernardino Page 14
CLOSED SESSION
A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to
Government Code Section 54956.9(a) and (d)(1):
i.) Maria Segura, Individually and as Successor in Interest to Nicholas Segura,
deceased et al. v. City of San Bernardino, United States District Court Case No.
5:22-cv-00277-JGB-SP and United States Court of Appeals for Ninth District Case No.
24-2445
ii.) Brian Gonzalez v. City of San Bernardino, et al., San Bernardino Superior Court
Case No. CIVSB2402471
iii.) Maria Munoz v. City of San Bernardino, San Bernardino Superior Court Case No.
CIVSB2321082
iv.) Livier Coronel v. City of San Bernardino, et al., United States District Court Case
No. 5:23-cv-01030-JGB-SP
B) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED
LITIGATION Significant exposure to litigation (Pursuant to Government Code
Section 54956.9(d) (2)).
One case: Notice of Claim, Jorge Cardoso, dated April 2, 2024, Claim No.
GHC0068326.
C) PUBLIC EMPLOYEE DISMISSAL (PURSUANT TO GOVERNMENT
CODE SECTION 54957) – Mayor’s Request
Title: City Attorney
D) PUBLIC EMPLOYEE APPOINTMENT (PURSUANT TO GOVERNMENT
CODE SECTION 54957) – Mayor’s Request
Title: Interim City Attorney
CLOSED SESSION REPORT
Mayor Helen Tran stated there was reportable action from Closed Session. The City
Council voted 6 to 1, (Mayor Pro-Tem Shorett voted in opposition), to hold a Special
Meeting to have David Green Consulting facilitate the evaluations for the City Attorney,
City Manager, and City Clerk.
ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, December 4,
2024, at 9:18 PM.
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, December 18, 2024, in the Council Chamber located at 555 West 6th
Street, San Bernardino, California 92410. Closed Session will begin at 4:00 PM and
Open Session will begin at 5:00 PM.
By: Telicia Lopez
Telicia Lopez, CMC, Acting City Clerk