HomeMy WebLinkAboutAnnotated Agenda 10-20-2021
City of San Bernardino
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San Bernardino, CA 92401
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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, OCTOBER 20, 2021
5:30 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to
order at 5:30 PM by Mayor Valdivia on Wednesday, October 20, 2021, via Feldheym Central
Library, San Bernardino, CA.
CALL TO ORDER
Attendee Name Title Status Arrived/Left
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Mayor Pro-Tem, Ward 2 Present
Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Council Member, 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
John Valdivia Mayor Present
Robert D. Field City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present
Mayor John Valdivia
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
Regular Meeting Agenda October 20, 2021
Mayor and City Council of the City of San Bernardino Page 2 Printed 11/1/2021
CLOSED SESSION PUBLIC COMMENT
At this time public comment for Closed Session was heard.
CLOSED SESSION
(A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to
Government Code Section 54956.9(a) and (d)(1):
i. Joe Dockery v. City of San Bernardino, et al., United States District Court
Case No. Case No. 5:20-cv-1189-KK
ii. Isaak Bruno, by and through his Guardian ad Litem, Ashley Dunning v.
City of San Bernardino, San Bernardino Superior Court Case No.
CIVDS1829121
iii. Antonia Rincon, an individual, et al. v. City of San Bernardino, San
Bernardino Superior Court Case No. CIVDS2015071
iv. Pepe’s Inc., a California Corporation dba Pepe’s Towing v. City of San
Bernardino, et al., United States District Court Case No. 5:21-cv-01646-
JWH-SP
v. EEL Holdings, Inc., LLC v. City of San Bernardino, San Bernardino
Superior Court Case No. CIVDS1906467
vi. Ashe Society SB, LLC v. City of San Bernardino, San Bernardino Superior
Court Case No. CIVDS1911952
vii. Riznhead Inc., et al. v. City of San Bernardino, San Bernardino Superior
Court Case No. CIVDS2005179
viii. SB Pharma Holdings, Inc., et al. v. City of San Bernardino, San
Bernardino Superior Court Case No. CIVDS1914576
(B) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code
Section 54957.6):
Agency Designated Representative: City Manager;
Employee Organizations: International Union of Operating Engineers, General
Unit; San Bernardino Police Management Association; Teamsters, Middle
Management Unit; San Bernardino Confidential-Management Association, San
Bernardino Police Dispatchers Association
(C) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation (Pursuant to Government Code Section
54956.9(d)(2))
INVOCATION AND PLEDGE OF ALLEGIANCE
Rev. Reginald Young of Treasure of the Heart Ministries led the invocation.
Mayor Valdivia led the Pledge of Allegiance to the Flag.
CLOSED SESSION REPORT
City Attorney Carvalho reported that direction was given to legal counsel with respect to
pending litigation.
Regular Meeting Agenda October 20, 2021
Mayor and City Council of the City of San Bernardino Page 3 Printed 11/1/2021
CITY MANAGER UPDATE
City Manager Robert Field provided citywide updates to the Mayor and City Council.
MAYOR AND CITY COUNCIL UPDATES
The Mayor and City Council presented various announcements and events attended.
PRESENTATIONS
1. Hindu Heritage Month (All Wards)
2. National Disabilities Employment Month (All Wards)
3. October 2021 Citizen of the Month - Juan Vasquez, President Rancho West
Neighborhood Association
4. September 2021 Citizen of the Month - Lynne Wear, Muscupiabe
Neighborhood Association
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
At this time the public comments were heard.
APPOINTMENTS
5. Electoral Redistricting Advisory Committee Appointment (Ward 5)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Ms. Peggi Hazlett to the Electoral
Redistricting Advisory Committee representing Ward 5 with the term ending when
the City’s ward map based upon the 2020 U. S. Census date is adopted by the
Mayor and City Council. Council Staff has verified that appointee is a registered
voter within the City.
RESULT: APPROVED [UNANIMOUS]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Ben Reynoso, Council Member, Ward 1
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
NOES: None
DISCUSSION
6. CASH HANDLING AND REVENUE CONTROL POLICY (ALL WARDS)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, review the proposed administrative policy and provide direction for
modifications or adopt Resolution No. 2021-246 as presented establishing the Cash
Handling and Revenue Control Policy.
Regular Meeting Agenda October 20, 2021
Mayor and City Council of the City of San Bernardino Page 4 Printed 11/1/2021
Council Member Sanchez motioned to approve staff recommendation; Seconded by
Council Member Figueroa. Council Member Alexander made several suggestions to
staff regarding wording of the policy. Council Member Sanchez amended his motion
to include a minimum of three financial reviews per department per year, as well as
changing language regarding excessive discrepancies from “may result in an audit”
to “will result in an audit”. Ms. Whitehorn agreed to make the changes.
RESULT: Amended motion to approve staff recommendation, with the
addition of including a minimum of three financial reviews per
department per year, as well as changing language regarding
excessive discrepancies from “may result in an audit” to “will
result in an audit”- APPROVED [UNANIMOUS]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
NOES: None
7. American Rescue Plan Update and Budget Amendment (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2021-247 authorizing the City Manager to amend
the Fiscal Year 2021/22 Operating and Capital Budget by $7,160,000 to fund the
Violence Intervention Program, the Graffiti Abatement, Clean-up, and Paintbrush
Program, and the Lead Connector Replacement Program through American
Rescue Plan funds; and review, discuss and provide feedback on further investment
of the American Rescue Plan funds.
Council Member Figueroa made a motion to separate the discussion regarding the
Violence Intervention Program from the other two budget topics to vote on them
separately, due to a personal conflict of interest.
RESULT: Motion to separate the discussion regarding the Violence
Intervention Program from the Graffiti Abatement, Clean-up, and
Paintbrush Program, and the Lead Connector Replacement
Program through American Rescue Plan funds- APPROVED
[UNANIMOUS]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
NOES: None
Mayor Valdivia asked Council to first move forward on discussion of the Graffiti
Abatement, Clean-up, and Paintbrush Program, and the Lead Connector
Replacement Program through American Rescue Plan funds with Council Member
Figueroa present.
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Mayor and City Council of the City of San Bernardino Page 5 Printed 11/1/2021
RESULT: Motion to approve staff recommendation with an additional $1
million allocated to the Graffiti Abatement, Clean-up, and
Paintbrush Program (for a total of $2 million) and approve the
Lead Connector Replacement Program as presented through
American Rescue Plan funds - APPROVED [UNANIMOUS]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
NOES: None
Council Member Figueroa then recused himself for the remaining Mayor and City
Council Members to discuss the Violent Intervention Program.
RESULT: Motion to approve staff recommendation of funding the Violence
Intervention Program- APPROVED [UNANIMOUS]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
NOES: None
ABSENT: Figueroa
8. Charter Review Committee Recommendation (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, discuss the Charter Review Committee’s recommendation to have the
Committee review all proposals to amend the City Charter in advance of
consideration by the Mayor and City Council.
City Manager Field asked for Item No. 8 to be pulled off-calendar, as it was placed on
the agenda in error.
PUBLIC HEARINGS
9. Imposing Liens on Certain Parcels of Real Property for Uncollected Business
Registration Fees (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Conduct a public hearing to receive public comment on the matter; and
2. Adopt Resolution No. 2021-245 of the Mayor and City Council of the City of San
Bernardino, California, imposing liens on certain parcels of real property for
unpaid business registration taxes and penalties; and
3. Direct the Director of Finance to remove any properties from the Business
Registration Lien List (Exhibit A to the Resolution) which are resolved prior to the
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hearing.
Mayor Valdivia opened the Public Hearing at 9:51 PM.
Vanessa Burton, Business Registration Inspector, presented a staff report.
There were no public comments on this item.
The Public Hearing was closed at 9:53 PM.
RESULT: APPROVED [UNANIMOUS]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
NOES: None
10. Annexation No. 9 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 open and then continue the public hearing until November 3, 2021 at 7:00
PM.
Mayor Valdivia opened the Public Hearing at 9:54 PM.
Alex Qishta, Acting Public Works Director, requested that the public hearing be
continued to November 3, 2021.
There were no public comments on this item.
RESULT: APPROVED [UNANIMOUS]
MOVER: Sandra Ibarra, Council Member, Ward 2
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
NOES: None
11. Annexation No. 10 to Community Facilities District 2019-1 (Maintenance
Services) (Ward 3)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California open and then continue the public hearing until November 3, 2021 at 7:00
PM.
Mayor Valdivia opened the Public Hearing at 9:55 PM.
Alex Qishta, Acting Public Works Director, requested that the public hearing be
continued to November 3, 2021.
Regular Meeting Agenda October 20, 2021
Mayor and City Council of the City of San Bernardino Page 7 Printed 11/1/2021
There were no public comments on this item.
RESULT: APPROVED [UNANIMOUS]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
NOES: None
CONSENT CALENDAR
12. Approval of the Mayor and City Council Meeting Minutes (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the minutes from the May 20, 2020, Regular meeting of the
Mayor and City Council.
RESULT: APPROVED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon Alexander, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
NOES: None
13. Amendment No. 1 to the HOME Investment Partnerships Program (HOME)
Infill Housing Development Master Agreement Between the City of San
Bernardino and NPHS San Bernardino Developments, LLC (Ward 2)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Adopt Resolution No. 2021-248 authorizing the execution of Amendment No. 1 to
the HOME Investment Partnerships Program (HOME) Infill Housing Development
Master Agreement between the City of San Bernardino and Neighborhood
Partnership Housing Services (NPHS) San Bernardino Developments, LLC that
would allow NPHS to retain program income for additional HOME eligible
activities; and
2. Authorize the City Manager or designee to take any further actions and execute
any further documents as necessary to effectuate the agreements.
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Mayor and City Council of the City of San Bernardino Page 8 Printed 11/1/2021
RESULT: APPROVED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon Alexander, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
NOES: None
14. Subordination of a Deed of Trust in Connection with 2674 W. Via San Carlos,
San Bernardino, California (Ward 3)
Recommendation
Adopt Resolution No. 2021-249 of the Mayor and City Council of the City of San
Bernardino, California, acting as the Successor Housing Agency to the
Redevelopment Agency of the City of San Bernardino approving the Subordination
of a Deed of Trust in connection with a refinancing of the Senior Mortgage relating
to real property located at 2674 W. Via San Carlos, San Bernardino, California.
RESULT: APPROVED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon Alexander, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
NOES: None
15. June, July & August 2021 City Board, Commission, and Citizen Advisory
Committee Approved Minutes
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, receive and file the minutes from the City board, commission, and citizen
advisory committee meetings approved in July, August and September 2021.
RESULT: APPROVED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon Alexander, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
NOES: None
16. 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 September 2021.
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RESULT: APPROVED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon Alexander, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
NOES: None
17. Memorandum of Understanding with the San Bernardino Police Officers
Association (All Wards)
Recommendation
Adopt Resolution No. 2021-251 of the Mayor and City Council of the City of San
Bernardino, California, approving the Memorandum of Understanding (MOU)
between the City of San Bernardino and the San Bernardino Police Officers
Association (SBPOA), updating the city-wide salary schedule, and amending
Resolution No. 2021-232.
RESULT: APPROVED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon Alexander, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
NOES: None
18. 2021-2022 Retired and Senior Volunteer Program (RSVP) – 3RD Year of a 3 -
Year Grant Award (All Wards)
Recommendation
Adopt Resolution No. 2021-253 of the Mayor and City Council of the City of San
Bernardino, California approving the ratification of the submission of a continuation
grant application for year three of a three-year grant with the Corporation for
National and Community Service’s Retired and Senior Volunteer Program (RSVP),
accepting the Grant Award in the amount of $54,809, and appropriating $73,989 in
matching funds for the continued operation of RSVP for a total amount of $128,798,
for the Period of April 1, 2021, through March 31, 2022.
RESULT: APPROVED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon Alexander, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
NOES: None
19. Execution of PSA to PM Group in the Amount of $67,635 for the Design, Print,
and Mail of City of San Bernardino PRCSD Trimester Brochure for FY2021-
2022
Recommendation
Adopt Resolution No. 2021-253 of the Mayor and City Council of the City of San
Bernardino, California authorizing the City Manager or designee, to execute a
Regular Meeting Agenda October 20, 2021
Mayor and City Council of the City of San Bernardino Page 10 Printed 11/1/2021
professional services agreement (PSA) between the City and the PM Group (PMG)
for the design, print, and mail services of the Parks, Recreation and Community
Services Department (PRCSD) trimester brochure for Fiscal Year 2021/22.
RESULT: APPROVED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon Alexander, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
NOES: None
20. Purchase Order for Six Cubic Yard Back Rear Loader (All Wards)
Recommendation
Adopt Resolution No. 2021-257 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to execute the purchase of the
Public Works equipment approved for funding through Fiscal Year 2021/22
Operating Budget Report: one new, 6 cubic yard, Diamond Back Rear Loader in the
amount of $133,686.15.
RESULT: APPROVED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon Alexander, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
NOES: None
21. Stop Sign Installation at the Intersection of Magnolia Avenue and Meyers
Road (Ward 5)
Recommendation
Adopt Resolution No. 2021-256 of the Mayor and City Council of the City of San
Bernardino, California, amending Resolution No. 655 entitled, in part, “A
Resolution… designating certain streets or portions thereof as through highways…”
and authorizing the establishment of an all-way (4-way) stop control at the
intersection of Magnolia Avenue and Meyers Road.
Council Member Figueroa presented some questions and clarifications to staff
regarding criteria for installing stop signs.
RESULT: APPROVED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon Alexander, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
NOES: None
Regular Meeting Agenda October 20, 2021
Mayor and City Council of the City of San Bernardino Page 11 Printed 11/1/2021
22. Construction Contract Award – Installation of LED Solar Powered Street
Lights on “E” Street Between Baseline Street and Highland Avenue (Ward 2)
Recommendation
Adopt Resolution No. 2021-254 of the Mayor and City Council of the City of San
Bernardino, California:
1. Approving the award of a Construction Contract with Quality Light and Electric in
an amount not to exceed $249,282 for the construction and installation of LED
solar powered streetlights on “E” Street between Baseline Street and Highland
Avenue;
2. Authorizing project construction, construction contingencies, and inspection costs
in the total amount of $35,000 for installation of LED solar powered streetlights;
and
3. Authorizing the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
RESULT: APPROVED [UNANIMOUS]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
NOES: None
23. Purchase Order for Installation of a Battery Backup System (Wards 1,2,3,4,6)
Recommendation
Adopt Resolution No. 2021-255 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to execute a Vendor Services
Agreement with NexTech Systems, and authorizing the Director of Finance to issue
a purchase order in an amount not-to-exceed $59,786.96 for the installation of a
Backup Battery System (BBS) at six locations in various areas of the City.
Council Member Reynoso asked questions about Battery Backup Systems in
intersections in Wards 5 and 7. Mayor Valdivia requested that staff research placing
reflective backings on signal lights in high-outage intersections as an alternative to
Backup Battery Systems.
RESULT: APPROVED [UNANIMOUS]
MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
NOES: None
Regular Meeting Agenda October 20, 2021
Mayor and City Council of the City of San Bernardino Page 12 Printed 11/1/2021
ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
24. Fire Safety Measures and Potential Implementation/Addition to the City
Municipal Code as it Relates to Pallet Yards (All Wards) - Council Member
Reynoso
Council Member Reynoso asked to amend his request to discuss fire prevention
methods in general (rather than focusing on pallet yards) per the comments from the
public regarding the topic. There was a consensus among council to revise the request.
RESULT: Amended motion to request discussion of fire prevention
methods - APPROVED [UNANIMOUS]
MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
NOES: None
25. Instruct Staff to Evaluate Options for Adjusting the Salary of the Mayor to
Appropriately Reflect the Duties of the Office Following the 2016 Amendment
of the City Charter. - Council Member Shorett
Mayor Valdivia provided comments regarding the proposed item. Council Member
Shorett clarified his request and motioned for staff to evaluate options for adjusting the
salary of the Mayor.
RESULT: APPROVED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
NOES: None
ADJOURNMENT
The meeting of the Mayor and City Council was adjourned at 10:21 p.m. on Wednesday,
October 20, 2021.
The next special 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, October
27th, 2021 in the Multipurpose Room located at 201 North “E” Street, 2nd Floor, San
Bernardino, California 92401. Open Session will begin at 8:00 AM.
By:_________________________
Genoveva Rocha, CMC