San Bernardino Mayor Vetoes Delay, Breaks Tie to Approve Three-Year Akoma Unity Center Lease

A question about Councilmember Treasure Ortiz’s employment opened a contentious City Council debate that ended with Mayor Helen Tran using her veto and tie-breaking authority to secure approval of a three-year lease for Akoma Unity Center.

Before explaining her concerns about the proposed agreement, Councilmember Sandra Ibarra asked Ortiz whether she worked for Akoma. Ortiz responded, “Nope.”

Ibarra then said complaints had been brought to her attention following the council’s earlier vote authorizing lease negotiations. She asked that the item be tabled and returned at a future meeting, allowing city staff to investigate the concerns before the council acted.

The concerns were never publicly detailed during the Sept. 16 meeting, and no evidence substantiating them was presented during the discussion. City Manager Eric Levitt said staff preferred not to discuss the matter publicly because it involved accusations that had not been confirmed.

The exchange ultimately produced an initial 3-2 vote to table the item, a mayoral veto that nullified that action and a subsequent 3-3 vote on approval. Tran then cast the deciding vote to authorize the agreement.

The approved lease allows Akoma to continue operating the Anne Shirrells Community Center at 1367 N. California St. through June 30, 2029. The agreement sets rent at $2,000 per month for the first fiscal year, calls for 10% increases each fiscal year and is projected to generate $127,440 for the city, according to the council report.

Akoma is a San Bernardino nonprofit that provides after-school programming, mental health support and community events tailored to African American youth, families and historically excluded groups. Its additional programs include summer day camp, male mentoring, rites of passage, youth advocacy, automation education, a community garden and an agricultural and hydroponics laboratory.

During the debate, Ortiz repeatedly asked Ibarra and city administrators to identify the concerns. Levitt said they had reached him several months earlier, although he could not recall exactly when.

Ortiz questioned why the information had not been provided to the full council sooner, noting that the council authorized staff in April to negotiate the renewal.

“Why didn’t you bring those concerns to the entire council in a timely manner?” Ortiz asked. “Because what I’m hearing is sabotage and a lack of transparency coming from the city manager’s office. That’s what I hear. I don’t know if that’s true.”

Levitt responded by emphasizing that the lease had been placed on the agenda with his recommendation for approval.

“I brought the lease forward with my recommendation to approve the lease tonight,” Levitt said.

As Ortiz attempted to move for approval, the city attorney advised that the pending motion to table had procedural precedence because it had been made and seconded. The council therefore had to decide that motion before considering approval of the lease.

Councilmembers Theodore Sanchez, Ibarra and Fred Shorett voted to table the item. Councilmembers Mario Flores and Ortiz voted against the postponement. Councilmember Juan Figueroa, who had briefly left during the discussion and returned while the vote was underway, abstained, saying he had not participated in the debate. Mayor Pro Tem Kim Knaus was recused.

The city attorney said San Bernardino has no rule requiring a council member’s abstention to be counted as either a yes or a no. With Figueroa’s abstention excluded, the motion to table passed 3-2.

Tran then asked whether she could veto the council’s action. After the city attorney confirmed that she could, Tran vetoed the postponement.

Ortiz immediately moved to approve the lease. That vote ended in a 3-3 deadlock, with Figueroa, Flores and Ortiz voting yes and Sanchez, Ibarra and Shorett voting no again. Tran voted yes to break the tie, approving the agreement.

“Thank you, Mayor, for stopping the absolute disgusting behavior of this council tonight,” Ortiz said after the vote.

Under San Bernardino’s charter, the mayor presides over council meetings but generally does not vote. The mayor may veto council action and cast a vote when the council is tied. Tran exercised both powers in succession during the Akoma decision.

Akoma currently occupies the city-owned center under a month-to-month agreement at $1,088 per month. Under the new lease, the nonprofit will be responsible for utilities, maintenance, janitorial service and insurance. The agreement also includes two optional one-year extensions that could continue Akoma’s occupancy through June 30, 2031.

City staff said a multiyear lease would give Akoma the long-term control of the property required when applying for some competitive grants. Such funding could support expanded programming and improvements to the center.

The organization has operated the center since reorganizing from the United Nations of Consciousness. The city first approved an agreement with that organization in 2016 and later approved agreements involving Akoma in 2018 and 2020.

The new agreement replaces Akoma’s month-to-month arrangement with a longer lease while raising its rent and allowing its community programs to remain at Anne Shirrells Park.