MINUTES
CITY COUNCIL OF THE CITY OF MORENO VALLEY
MORENO VALLEY COMMUNITY SERVICES DISTRICT
CITY AS SUCCESSOR AGENCY FOR THE
COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF MORENO VALLEY
MORENO VALLEY PUBLIC FINANCING AUTHORITY
MORENO VALLEY HOUSING AUTHORITY
CLOSED SESSION – 4:30 PM
October 18, 2022
CALL TO ORDER
The Closed Session of the City Council of the City of Moreno Valley, Moreno Valley Community Services District, City as Successor Agency for the Community Redevelopment Agency of the City of Moreno Valley, Housing Authority, and the Moreno Valley Public Financing Authority was called to order at 4:36 p.m. by Mayor Gutierrez in the Council Chamber located at 14177 Frederick Street, Moreno Valley, California.
Mayor Gutierrez announced that the City Council receives a separate stipend for CSD meetings.
ROLL CALL
Council:
Dr. Yxstian A. Gutierrez
Mayor
Edward A. Delgado
Mayor Pro Tem
Elena Baca-Santa Cruz
Council Member
Ulises Cabrera
Council Member
David Marquez
Council Member
PUBLIC COMMENTS ON MATTERS ON THE AGENDA ONLY
Mayor Gutierrez opened the public comments portion of the meeting for items listed on the agenda only. There being no members of the public to come forward to speak, he closed the public comments.
CLOSED SESSION
Interim City Attorney Quintanilla announced that the City Council would recess to Closed Session to discuss the item as listed on the agenda.
A CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9
Case Name: Sierra Club et al. v. City of Moreno Valley
Case No.: Riverside County Superior Court Case No. CVR12103300 B CONFERENCE WITH LEGAL COUNSEL EXPOSURE TO LITIGATION
Pursuant to Government Code Section 54956 (4 Potential Cases) Pursuant to Brown Act, Interim City Attorney Quintanilla publicly announced the facts and circumstances related to each potential litigation item. o Risk associated with filing appeals of cannabis decisions made by the Planning Commission. o Inquiries regarding the city's cannabis appeals.
o Request for indemnification from the former City Clerk. o Conclusion of a Human Resources investigation.
Mayor Gutierrez recessed the City Council to the City Manager's Conference Room, second floor, City Hall, for their Closed Session at 4:38 p.m.
Mayor Gutierrez reconvened the City Council in the Council Chamber from their Closed Session at 6:00 p.m.
REPORT OF ACTION FROM CLOSED SESSION, IF ANY, BY CITY ATTORNEY Interim City Attorney Quintanilla reported the following:
1. There was no reportable action taken for the Sierra Club case.
2. For the potential litigation item related to the cannabis appeal, there was no reportable action taken.
3. For the potential litigation item related to cannabis appeals and campaign disclosures, the City Council voted 3-2, with Mayor Gutierrez, Mayor Pro Tem Delgado, and Council Member Baca-Santa Cruz voting “Yes,” to waive the attorney-client privilege regarding this matter and to direct the City Attorney’s Office to cooperate with the DA’s office by providing any related attorney-client privilege information to the DA at their request.
4. For the potential litigation item related the former City Clerks’ request for indemnification for the cost of her defense in a civil lawsuit, the City Council voted 5-0 to indemnify the former City Clerk
5. For the potential litigation item related to the conclusion of the investigation of the complaint that was filed against the City by the former City Clerk, based on allegations of discrimination, retaliation and harassment, the City Council voted 4-0, Mayor Gutierrez, Mayor Pro Tem Delgado, Council Member Marquez, and Council Member Baca-Santa Cruz, voting to take further action on the matter.
The City Council also voted 4-0, with Mayor Gutierrez, Mayor Pro Tem Delgado, Council Member Marquez, and Council Member Baca-Santa Cruz, voting to waive the attorney/client privilege, and to direct [the City Attorney] to read the Executive Summary of the investigation report that was sent to Interim City Attorney Quintanilla by Special Counsel Danny Yoo, who coordinated the investigation. Interim City Attorney Quintanilla read the Executive Summary as follows:
“On or around November 9, 2021, former City Clerk Pat Jacquez-Nares complained about possible discrimination, harassment, and retaliation by Council Members Ulises Cabrera and David Marquez. The City of Moreno Valley retained, via Special Labor Counsel, outside attorney Danielle Drossel of the Oppenheimer Investigation Group to investigate the allegations. Ms. Drossel interviewed eight witnesses and reviewed relevant documents.
Ms. Drossel was tasked to investigate the following:
1. Did Council Member Cabrera make comments or engage in conduct toward The former City Clerk that could reasonably be perceived as threatening or intimidating? If so, what were the comments and circumstances?
2. Did Council Member Cabrera speak to the former City Clerk in a belittling or derogatory manner? If so, did he do so because of her gender?
3. On or around November 9, 2021, did Council Member Marquez tell [a City Employee] that the former was “not going to come back to work anymore,” or words to that effect? If so, did Marquez make the comment to threaten or intimidate Jacquez-Nares?
4. Did Council Member Cabrera and Council Member Marquez attempt to pressure or influence [a City Employee] to make a complaint or grievance against the former City Clerk? If so, did they do so because the former City Clerk made a complaint against Cabrera and Marquez? On September 9, 2022, Ms. Drossel completed her investigation report and did not sustain any allegations of unlawful discrimination, harassment, or retaliation.
There were two only two partially sustained findings, which were that Council Member Cabrera made comments that could have been perceived as threatening or intimidating and that he belittled the former City Clerk by ignoring her. None of these partially sustained findings were found to be based on a protected class or protected activity.”
ADJOURNMENT
There being no further business to come before the City Council, Mayor Gutierrez adjourned the meeting at 6:04 p.m.
Submitted by:
___________________________
Jane Halstead, CMC
City Clerk
Secretary, Moreno Valley Community Services District
Secretary, City as Successor Agency for the Community
Redevelopment Agency of the City of Moreno Valley
Secretary, Moreno Valley Housing Authority
Secretary, Board of Library Trustees
Secretary, Public Financing Authority
Approved by:
___________________________
Dr. Yxstian A. Gutierrez
Mayor
City of Moreno Valley
President, Moreno Valley Community Services District
Chairperson, City as Successor Agency for the Community Redevelopment Agency of the City of Moreno Valley
Chairperson, Moreno Valley Housing Authority
Chairperson, Board of Library Trustees
Chairperson, Public Financing Authority
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