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HomeMy WebLinkAbout12-01-2021 MCC Special City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org Mayor John Valdivia Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Ben Reynoso Kimberly Calvin Damon L. Alexander MINUTES FOR THE SPECIAL 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 1, 2021 5:00 PM CALL TO ORDER The Special Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:01 PM by Mayor Pro Tem Sandra Ibarra on December 1, 2021, at Feldheym Central Library, San Bernardino, CA. Attendee Name Title Status Arrived Special Meeting Minutes December 1, 2021 Mayor and City Council of the City of San Bernardino Page 2 Printed 12/20/2021 5:00 P.M. PLEDGE OF ALLEGIANCE Council Member Sanchez led the Pledge of Allegiance to the flag. Mayor Pro Tem Ibarra made a brief announcement regarding the requirements, length, and rules of the censure hearing. City Attorney Carvalho announced that her role during the hearing would be to advise the City Council on Brown Act procedures and the hearing process only. PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA Public Comments were heard at this time, with an allowance of two minutes per speaker due to time constraints, per Mayor Pro Tem Ibarra. City Clerk Rocha read two written public comments aloud, per ADA accommodation rules: Tim Dorame supported the censure of the Mayor. Keith Wisnewksi supported the censure of the Mayor. The following individuals spoke, in person, in favor of the censure of the Mayor: The following individuals spoke, in person, in opposition to the censure of the Mayor: There were no remote public comments. DISCUSSION 1. Censure of Mayor John Valdivia by City Council (All Wards) Recommendation Conduct censure hearing concerning Mayor John Valdivia, review and consider grounds for censure, evidence presented in support thereof, any related response presented by or on behalf of the Mayor, any rebuttal, and any related public comment; and in accordance with the procedure outlined in this Report, take any action determined to be appropriate based on the matters presented and deliberated, including but not limited to adoption of a final Resolution of Censure. Norma Garcia Guillen of Garcia, Rainey, Blank & Bowerbank, LLP spoke regarding the results of the investigation against Mayor Valdivia. She presented the staff report and attachments detailing allegations against the Mayor. Special Meeting Minutes December 1, 2021 Mayor and City Council of the City of San Bernardino Page 3 Printed 12/20/2021 Rod Pacheco represented the Mayor and provided a presentation in response to the allegations against the Mayor. Both representatives also provided rebuttals before the presentation portion was closed by Mayor Pro Tem Ibarra. A motion was made by Council Member Shorett to approve the Final Resolution of Censure (2021-279). The motion was seconded by Council Member Calvin. Council Member Shorett made a statement stating that Mayor Valdivia was not following rules, and knew that he was misusing public funds in his activities. Council Member Figueroa asked to clarify specific information that was part of the private investigation report. Council Member Alexander asked attorney Garcia about the “mass mailing” rules and policy violations. Attorney Garcia stated there were forty-two policy violations. Council Member Ibarra clarified some of the “mass mailing” FPPC rules as well. Attorney Pacheco advised that the Mayor was reimbursed by the City for his mass mailing expenses. Council Member Reynoso stated that the City Council is not proud of the censure process, but their goal is to end corruption within the City. Council Member Calvin apologized to the community for the acts of the Mayor, and stated the Council is informing all elected officials that they are no longer accepting corruption in the City. She also made an amended motion to approve the Final Resolution of Censure (2021-279), remove Mayor Valdivia from all regional boards, and move forward with pressing criminal charges against the Mayor. The motion was seconded by Council Member Reynoso. After discussion with City Attorney Carvalho and Council Members, Council Member Calvin agreed to withdraw her alternate motion and affirm her support for Council Member Shorett’s original motion. Council Member Reynoso made a motion to direct staff to explore the feasibility of removing the Mayor from all regional boards and authorities. This motion was seconded by Council Member Alexander. RESULT: ADOPTED FINAL RESOLUTION OF CENSURE OF MAYOR JOHN VALDIVIA, RESOLUTION NO. 2021-279 [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None Special Meeting Minutes December 1, 2021 Mayor and City Council of the City of San Bernardino Page 4 Printed 12/20/2021 It was clarified by the City Clerk and City Attorney that the first motion was to adopt the Resolution of Censure, and an additional vote would be conducted to adopt the additional direction to staff. RESULT: DIRECTED STAFF TO RESEARCH THE LEGALITY AND ABILITY OF THE CITY COUNCIL TO REMOVE INDIVIDUAL COUNCIL MEMBERS AND/OR THE MAYOR FROM REGIONAL BOARDS [7-0] MOVER: Ben Reynoso, Council Member, Ward 5 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None ADJOURNMENT The special meeting of the Mayor and City Council was adjourned at 7:11 PM on Wednesday, December 1, 2021. The special meeting adjourned to the joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on Wednesday, December 1, 2021, at the Feldheym Library located at 555 W. 6th St., San Bernardino, California 92401. Open Session was called to order at 7:23 PM. By:______________________ Telicia Lopez, CMC City Clerk