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Home My WebLink AboutAnnotated Agenda 04-05-2023CITY 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, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY WEDNESDAY, APRIL 5, 2023 7:00 PM – OPEN SESSION FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez Helen Tran Damon L. Alexander COUNCIL MEMBER, WARD 1 MAYOR COUNCIL MEMBER, WARD 7 Sandra Ibarra Charles McNeely COUNCIL MEMBER, WARD 2 Interim CITY MANAGER Juan Figueroa Thomas Rice Council Member, WARD 3 Assistant CITY ATTORNEY Fred Shorett Genoveva Rocha Mayor Pro-Tem, WARD 4 CITY CLERK Ben Reynoso COUNCIL MEMBER, WARD 5 Kimberly Calvin 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, APRIL 5, 2023 7:00 PM The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 7:12 PM by Mayor Helen Tran on Wednesday, April 5, 2023, at Feldheym Central Library, San Bernardino, CA. After posting the agenda it was noted that the numbering for the recommendation on Item No. 26 was incorrect and reads “6,7,8, 9 and 10” and should have read “1,2,3,4, and 5”. CALL TO ORDER Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present Sandra Ibarra Council Member, Ward 2 Absent Juan Figueroa Council Member, Ward 3 Present Fred Shorett Mayor Pro-Tem, Ward 4 Present Ben Reynoso Council Member, Ward 5 Present Kimberly Calvin Council Member, Ward 6 Present Damon L Alexander Council Member, Ward 7 Present Helen Tran Mayor Present Charles McNeely Interim City Manager Present Thomas Rice Assistant City Attorney Present Genoveva Rocha City Clerk Present Mayor Helen Tran Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Ben Reynoso Kimberly Calvin Damon L. Alexander Regular Meeting Annotated Agenda April 5, 2023 Mayor and City Council of the City of San Bernardino Page 2 INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Paul E. Jones of Independent Trinity Benjamin E. Jones Community Resource Center led the Invocation and Jazmyn Goumashyan of Cajon High School led the Pledge of Allegiance to the Flag. Mayor Tran re-ordered the agenda. The City Manager Update and Mayor and City Council Updates/Reports on Conferences and Meetings were heard after Items to be Considered for future meetings section. CITY MANAGER UPDATE Mayor Tran re-ordered the agenda. The City Manager Update was heard after Items to be Considered for Future Meetings section. MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS The Mayor and City Council Updates/Reports on Conferences and Meetings was heard after Items to be Considered for future meetings section. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA At this time, public comments were heard. PRESENTATIONS 1. Proclamation for Volunteer Appreciation Month in the City of San Bernardino – April 2023 (All Wards) The proclamation was continued to the meeting of April 19, 2023. APPOINTMENTS The Mayor and City Council had sixteen appointments on the agenda. There was a consensus from the council to make a single motion for Item No. 2 through Item No. 17. Council Member Sanchez pulled Item No. 6 for more discussion and a separate vote. Assistant City Attorney Thomas Rice made an announcement that the Mayor would also be included for the vote for Appointments. RESULT: APPROVED ITEMS NO. 2 THROUGH NO. 17, ITEM NO. 6 WAS PULLED FOR DISCUSSION AND A SEPARATE VOTE [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Mayor Tran ABSENT: Sandra Ibarra 2. Public Safety and Human Relations Commission Appointment of Byron J. Sims (Mayor’s Appointment) Regular Meeting Annotated Agenda April 5, 2023 Mayor and City Council of the City of San Bernardino Page 3 RESULT: APPROVED [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran ABSENT: Sandra Ibarra 3. Public Safety and Human Relations Commission Appointment of Kimberly Knaus (Mayor’s Appointment) RESULT: APPROVED [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran ABSENT: Sandra Ibarra 4. Downtown Advisory Committee Appointment of Amanda M. Moody (Mayor’s Appointment) RESULT: APPROVED [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran ABSENT: Sandra Ibarra 5. Measure S Citizens Oversight Committee Appointment of Mark Baxter (Mayor’s Appointment) RESULT: APPROVED [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran ABSENT: Sandra Ibarra 6. Charter Review Appointment of Timothy Prince (Mayor’s Appointment) RESULT: APPROVED [7-0] MOVER: Damon Alexander, Council Member, Ward 7 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran ABSENT: Sandra Ibarra 7. Planning Commission Appointment of Lisa Sherrick (Mayor’s Appointment) Regular Meeting Annotated Agenda April 5, 2023 Mayor and City Council of the City of San Bernardino Page 4 RESULT: APPROVED [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran ABSENT: Sandra Ibarra 8. Planning Commission Appointment of Orlando Garcia (Mayor’s Appointment) RESULT: APPROVED [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran ABSENT: Sandra Ibarra 9. Arts and Historical Preservation Commission Appointment of James Smith (Mayor’s Appointment) RESULT: APPROVED [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran ABSENT: Sandra Ibarra 10. Arts and Historical Preservation Commission Appointment of Simeone N. Miller (Mayor’s Appointment) RESULT: APPROVED [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran ABSENT: Sandra Ibarra 11. Parks, Recreation and Community Services Commission Appointment of Joe Salas (Mayor’s Appointment) RESULT: APPROVED [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran ABSENT: Sandra Ibarra Regular Meeting Annotated Agenda April 5, 2023 Mayor and City Council of the City of San Bernardino Page 5 12. Parks, Recreation and Community Services Commission Appointment of Nohemi Lopez (Mayor’s Appointment) RESULT: APPROVED [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran ABSENT: Sandra Ibarra 13. General Plan Advisory Committee appointment of Christian T. Shaughnessy (Mayor’s Appointment) RESULT: APPROVED [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran ABSENT: Sandra Ibarra 14. General Plan Advisory Committee appointment of Benjamin Pratt (Mayor’s Appointment) RESULT: APPROVED [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran ABSENT: Sandra Ibarra 15. Elected Official Compensation Advisory Board appointment of Malika Gardner (Mayor’s Appointment) RESULT: APPROVED [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran ABSENT: Sandra Ibarra 16. Personnel Commission Appointment of Emily J. Gonzales (Mayor’s Appointment) Regular Meeting Annotated Agenda April 5, 2023 Mayor and City Council of the City of San Bernardino Page 6 RESULT: APPROVED [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran ABSENT: Sandra Ibarra 17. Personnel Commission Appointment of Victor M. Arellano (Mayor’s Appointment) RESULT: APPROVED [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran ABSENT: Sandra Ibarra 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, ITEM NO. 22 WAS CONTINUED TO THE MEETING OF APRIL 19, 2023 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 18. Resolution Approving an Additional Extension to the Reciprocal Easement Agreement (REA) with El Corte Ingles, S.A., a Spanish Corporation (“ECI”) to Provide Parking at 300 North E Street, San Bernardino through January 31, 2024 (Ward 1) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-051, approving an additional extension to the Reciprocal Easement Agreement (REA) with El Corte Ingles, S.A., a Spanish Corporation (“ECI”) for parking through January 31, 2024, and finding the action exempt from CEQA. RESULT: APPROVED [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra Regular Meeting Annotated Agenda April 5, 2023 Mayor and City Council of the City of San Bernardino Page 7 19. Approve Amendment No. 2 to the Joint Exercise of Powers Agreement for the Inland Valley Development Agency, updating the structure, titles, and elections of its officer positions (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve Amendment No. 2 to the Joint Exercise of Powers Agreement for the Inland Valley Development Agency, updating the structure, titles, and elections of its officer positions. RESULT: APPROVED [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 20. Approval of Commercial and Payroll Disbursements (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for March 2023. RESULT: APPROVED [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 21. Resolution Opting City into Additional National Opioid Settlements (All Wards) Recommendation Adopt Resolution No. 2023-052 of the Mayor and City Council of the City of San Bernardino, California, Authorizing the City Manager to Enter into the Settlement Agreements with Walgreens Co., Walmart, Inc., CVS Health Corporation/CVS Pharmacy Inc., Teva Pharmaceutical Industrials Ltd., and Allergan Finance LLC/Allergan Limited, Agreeing to the Terms of the State-Subdivision Agreements, and Authorizing Entry into the State- Subdivision Agreements with the Attorney General. RESULT: APPROVED [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra Regular Meeting Annotated Agenda April 5, 2023 Mayor and City Council of the City of San Bernardino Page 8 22. Amendment to Professional Services Agreements for Legal Services (All Wards) 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: 1. S econd Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Karen Cervantes v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2012538; 2. Second Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Matthew Brown v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2025900; 3. Second Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Don Smith v. John Valdivia, City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDSB2025375; 4. Second Amendment to the P rofessional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Jackie Aboud v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2013562; 5. Second Amendment to the Professional Services Agreement with A tkinson, Andelson, Loya, Ruud and Romo for the representation in the Mirna Cisneros v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2012926; CITY MANAGER CHARLES MCNEELY REQUESTED THAT THIS ITEM BE CONTINUED TO THE APRIL 19, 2023 MEETING. 23. Adoption of Ordinance No. MC-1614 (Annexation 33) (Ward 3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1614 amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2023-2024 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services). RESULT: APPROVED [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra Regular Meeting Annotated Agenda April 5, 2023 Mayor and City Council of the City of San Bernardino Page 9 24. Adoption of Ordinance No. MC-1615 (Annexation 34) (Ward 3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1615 amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2023-2024 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services). RESULT: APPROVED [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra DISCUSSION 25. Receive and File update regarding a Notice of Violation received from the State’s Housing and Community Development Division regarding the City-owned former Carousel Mall property. (Ward 1) Recommendation: It is recommended that the Mayor and City Council receive and file an update regarding a Notice of Violation (NOV) received from the State’s Housing and Community Development Division (HCD) regarding the City-owned former Carousel Mall property. RESULT: APPROVED [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra PUBLIC HEARING 26. Public Hearing on Annexation No. 29 to Community Facilities District 2019-1 (Ward 3) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; and 2. Adopt Resolution No. 2023-053 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 29); and Regular Meeting Annotated Agenda April 5, 2023 Mayor and City Council of the City of San Bernardino Page 10 Hold a special landowner election and canvass the election; and 3. Adopt Resolution No. 2023-054 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 29); and 4. Introduce, read by title only, and waive further reading of Ordinance No. MC-1616 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2023-2024 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and 5. Schedule the adoption of Ordinance No. MC-1616 for April 19, 2023. Mayor Tran opened the public hearing at 9:52 p.m. The Mayor and City Council did not request the staff presentation. There were no public speakers or requests to speak. There were no protests received. The public hearing was closed at 9:53 p.m. RESULT: ADOPTED RESOLUTION NO. 2023-053 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra RESULT: ADOPTED RESOLUTION NO. 2023-054 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra RESULT: INTRODUCED FOR FIRST READING ORDINANCE NO. MC-1616 APPROVED [6-0] MOVER: Damon Alexander, Council Member, Ward 7 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Shorett, Figueroa, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra Regular Meeting Annotated Agenda April 5, 2023 Mayor and City Council of the City of San Bernardino Page 11 ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 27. Consider Repeal of MC-1351 Crime Free Multi-Housing Ordinance (All Wards) – Council Member Reynoso An announcement was made by the City Clerk that the agenda had a typographical error in the title which read “Appeal” but should have read “Repeal”. RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [6-0] MOVER: Ben Reynoso, Council Member, Ward 5 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 28. Comprehensive review of the City’s youth programs and their funding sources, brought to Council as a discussion item (All Wards) – Council Member Sanchez RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [6-0] MOVER: Kimberly Calvin, Council Member, Ward 6 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra CITY MANAGER UPDATE At this time, the City Manager made comments regarding the development of the Carousel Mall. MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS At this time, the Mayor and City Council provided updates to the community. Council Member Figueroa, Council Member Calvin, Council Member Alexander and Mayor Tran reported on their attendance to the National League of Cities Conference in Washington D.C. ADJOURNMENT The meeting of the Mayor and City Council was adjourned on Wednesday, April 5, 2023, at 10:23 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 Wednesday, April 19, 2023, in the Council Chamber located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 5:30 p.m. Open Session will begin at 7:00 p.m. By:_________________________ Genoveva Rocha, CMC