HomeMy WebLinkAboutWritten public comments received 5-30-24 Special MeetingFrom:Tim Dorame
To:CityClerkDepartment
Subject:ada accomadation for something on the agenda state of the city address
Date:Wednesday, May 29, 2024 7:43:41 PM
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hello city council and mayor this is about something on the agenda im thinking of a way for you guys can
spend money to help the city this is the state of the city its a dumpster use the money to fix the street too
much pot holes to much damage in all ward the harrision building could be use as a yearly store one on
each level clothing store for winter summer spring im not sure how many floor there are but you can use a
floor for halloween like for custome and maybe for haunted house and another floor to sell stuff for
thanksgiving and another floor for christmas even have santa be around those are ideas that im thinking
decorate the area that is how i would use the money good night
From:Sarah Robles
To:CityClerkDepartment
Subject:Re: Formal Complaint - Violation of Govt. Code § 54961(a). RE: State of the City Address admission fee
Date:Thursday, May 30, 2024 3:00:18 PM
Attachments:image001.png
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Hello,
With Charles Montoya's departure and termination as City Manager, residents were hopeful that there would be much-needed
change in San Bernardino. Unfortunately, things continue to operate in a manner where citizens are being shunned from being
civically engaged and there is a lack of willingness on the part of the City to operate transparently and with more opportunities for
remote options, given the early meeting times. Just today, the link for public comments was broken, the public's entrance time was
scheduled for 5:50 pm, however, the public meeting was scheduled to start at 5:45 pm. The city is operating very unprofessionally
and it appears that our administration is not even bothering to check agendas and ensuring there is adequate logistics planning.
. As a publicly noticed special meeting, we are seeking a cure and correct resolution to our complaints to adhere to Brown Act
guidelines (below). It is also a good time to begin discussions of reintroduction of remote participation (i.e. Zoom) for citizens'
active participation and public comment options, which was discontinued in October with no reasonable justification in place.
We hope that you take this opportunity to turn the page on the negative press. We look forward to hearing from the City.
Thank you
Sarah Robles and concerned residents of San Bernardino. Happily, we are growing in numbers and we stand in solidarity for a more
transparent San Bernardino.
---------- Forwarded message ---------
From: Sarah Robles
Date: Thu, May 30, 2024 at 2:35 PM
Subject: Re: Formal Complaint - Violation of Govt. Code § 54961(a). RE: State of the City Address admission fee
To: Rochelle Clayton <Clayton_Ro@sbcity.org>
Ideally, all guests should be admitted entrance at the same time to avoid the appearance of impropriety and perceived pay-to-play
politics.
Thank you for doing your best to adhere to Brown Act.
On Thu, May 30, 2024, 1:52 PM Rochelle Clayton <Clayton_Ro@sbcity.org> wrote:
I just received clarification that tickets are available beginning at 5pm for non-paying public and they will be admitted
earlier, likely by 5:30pm. The reason the 5:50 time was listed, is so that people knew they could get their tickets at 5pm
and instead of waiting (potentially) in the heat, they could wait somewhere else. However, the details of the Public
Comment period were not known at that time. There will be accommodations to ensure all non-paying public can be
present in time for both public comment and the event.
Apologies for the confusion!
Rochelle Clayton
Acting City Manager
City of San Bernardino
Office: 909.384.5122 | Cell: 909.936.3792
Clayton_Ro@sbcity.org | www.sbcity.org
From: Sarah Robles
Sent: Thursday, May 30, 2024 1:25 PM
To: Rochelle Clayton <Clayton_Ro@sbcity.org>
Subject: Re: Formal Complaint - Violation of Govt. Code § 54961(a). RE: State of the City Address admission fee
Caution - This email originated from outside the City - Verify that the Email display name and Emailaddress are consistent. - Use caution when opening attachments.
Thank you for the reply and I see that the URL has been corrected. I'm not inquiring about people being at their seats in time for the event start time: 6:00 pm.
I'm inquiring about the non-paying public being admitted at 5:50 pm, per the City's social media, and public comments starting at 5:45 p.m. I don't think the City
adequately reviewed the details to ensure everyone is inside in time for public comments to start at 5:45 pm, as it's currently agendized for. Screenshot attached.
On Thu, May 30, 2024 at 12:41 PM Rochelle Clayton <Clayton_Ro@sbcity.org> wrote:
Ms. Robles,
I apologize, I should’ve elaborated more. The Mayor and Councilmembers attending this evening will also be
present for the public comment, so there will be time for the public, Mayor and Council to get seated prior to the
event beginning.
Thank you,
Rochelle Clayton
Acting City Manager
City of San Bernardino
Office: 909.384.5122 | Cell: 909.936.3792
Clayton Ro@sbcity.org | www.sbcity.org
From: Sarah Robles
Sent: Thursday, May 30, 2024 7:07 AM
To: Rochelle Clayton <Clayton_Ro@sbcity.org>
Cc: Sonia Carvalho <Sonia.Carvalho@bbklaw.com>
Subject: Re: Formal Complaint - Violation of Govt. Code § 54961(a). RE: State of the City Address admission fee
Caution - This email originated from outside the City - Verify that the Email display name and Emailaddress are consistent. - Use caution when opening attachments.
Rochelle,
I think you misunderstood my question, but your website states that staff will begin allowing people into the venue at 5:50 pm. However, public comment
starts at 5:45 pm. That's not sufficient time to get settled and also it's 5 minutes after public comment has begun, therefore you're limiting public comment
participants even further...
"Ticket holders will be admitted to the venue in the order they picked up the tickets at approximately 5:50 pm.
You will not be required to line up to be admitted until 5:45 pm.."
On Thu, May 30, 2024, 6:44 AM Rochelle Clayton <Clayton_Ro@sbcity.org> wrote:
Good morning Ms. Robles,
The public comment period will begin at 5:45pm in the Inland Empire Room, however the presentation will begin later and
will allow ample time to be seated prior to the start of the State of the City event.
There will not be an option for remote public comment at this event. I am evaluating the requirements of remote public
comment options at this time, however it will not be an option for tonight's meeting.
Thank you,
Rochelle Clayton
Acting City Manager
City of San Bernardino
Office: 909.384.5122 | Cell: 909.936.3792
Clayton Ro@sbcity.org | www.sbcity.org
From: Sarah Robles
Sent: Wednesday, May 29, 2024 7:27 PM
To: Rochelle Clayton <clayton_ro@sbcity.org>
Cc: Sonia Carvalho <Sonia.Carvalho@bbklaw.com>; Jeff Kraus <kraus_je@sbcity.org>
Subject: Re: Formal Complaint - Violation of Govt. Code § 54961(a). RE: State of the City Address admission fee
Caution - This email originated from outside the City - Verify that the Email display name and Emailaddress are consistent. - Use caution when opening attachments.
Good evening Ms. Clayton,
Thank you for agendizing and calling a special meeting as part of the State of the City. I reviewed the agenda, but it doesn't make sense that public
comment starts at 5:45, yet people will not be admitted until 5:50 pm. Citizens need adequate time to find their seats, use the facilities, etc. I recommend
an earlier entry time and/or reservations for tickets.
Will there be remote public comment options for this? I have previously inquired about this possibility, but neither the city Clerk's office nor the city
manager have addressed my question in previous requests made. The open session meetings almost always start at 5:00 pm (closed at 4 pm), and that is not
sufficient time for residents to get off work and be able to participate. Your limitations are barring the civic engagement of our community.
Please advise.
On Wed, May 29, 2024, 1:32 PM Sarah Robles wrote:
The other matter that is HIGHLY concerning to us is that Mayor Tran sent out the attached email through her campaign email. This is yet another
violation where city business (State of the City) is being mixed with Mayor Tran's re-election campaign. There is even a link to reserve a ticket and also
donate to her campaign.
On Wed, May 29, 2024 at 1:24 PM Sarah Robles <wrote:
Interim City Manager, Mr. Kraus, and City Attorney,
Thank you for the information below. Are you indicating that currently there is no quorum? It is difficult to plan to attend (if it becomes a publicly
agendized meeting) when it is also contingent on a quorum. I have made several attempts to reach City staff this morning to confirm which council
members are attending, but have not received a response from anyone at the City Manager's office. (The City Clerk's and Council Office deferred me
to the City Manager's office). Do you have an update on whether or not we have confirmed a quorum?
Additionally, we are very disappointed that the City has not offered reserved tickets through the online system, just like you have set up for paid
tickets. Many people have to travel a great distance from work just to arrive, and you are only guaranteeing attendance on a first-come, first-served
basis to the first 50 residents. You are essentially limiting the attendance of the public. The City has yet to confirm whether or not there will be a
quorum and this uncertainty adds another undue burden on citizens trying to proceed with arrangements to attend. Furthermore, I would like to pose
our questions again. They are by no means rhetorical:
Is this being hosted by the city, --even in part??
Are public funds being used to fund any portion of this event?
Is the city staff planning on attending this event while being paid?
Who is planning this event, Mayor, or newly-appointed City Manager, in lieu of Montoya's departure?
How much in total are the sponsorships covering this event?
What is the maximum occupancy for the address?
Are you offering refunds to those who have already paid?
What would happen to any excess funds received from admissions?
Thank you and I look forward to any updates you may have.
On Tue, May 28, 2024, 5:43 PM Sonia Carvalho <Sonia.Carvalho@bbklaw.com> wrote:
Dear Ms. Robles,
Your email to elected officials and city staff raises a number of questions and I was asked to respond to the Brown Act issue
you raise. You allege a violation of Government Code section 54961(a) and asked that: “the City Attorney explain how … “all
elected officials [can be] present at the same time while city business is discussed [at the State of the City] without violating
the Brown Act. The California Attorney General opinion only applies if a quorum of the councilmembers are present at the
State of the City event. If less than a quorum attend then the Brown Act does not apply. Staff has made plans to properly
notice a special meeting and to allow for public comment in the event that a quorum of the councilmembers respond that
they plan to attend and by doing so this would ensure compliance with the Brown Act. So there has been no violation of
Government Code section 54961 and a violation would not have occurred because staff was advised of the AG opinion early
on in the planning process and had made arrangements to ensure Brown Act compliance.
Should you have any further legal/Brown Act questions concerning this event, I would be happy to answer them.
Sonia Carvalho
Sonia Carvalho
On May 2, 2024, an eventbrite page organized by the City of San Bernardino went live and priced general admission
for the event at $75.00 per person to include parking and dinner. The price is astounding, it would cost a family of
(4) $300.00 to attend. There was no waiver for children, the elderly or those who just cannot afford to pay. The city
did not even provide a virtual option for residents. Much of our community is living paycheck to paycheck, this
charge is their water bill, gas for the car or food for the family.
Questions also began to arise among the residents as to how the City of San Bernardino could charge residents to
attend a city hosted event, organized by city staff, paid for with taxpayer funds, where a majority of city council
members will gather with the mayor and take part in the discussion of items relating directly to the city. Which if
not done in a public forum would constitute a Brown Act violation. “No legislative body of a local agency shall
conduct any meeting in any facility that prohibits the admittance of any person, or persons, on the basis of ancestry
or any characteristic listed or defined in Section 11135, or which is inaccessible to disabled persons, or where
members of the public may not be present without making a payment or purchase.” Govt. Code § 54961(a).
According to the Brown Act, the only exception to a gathering of a majority of members is listed in Section
54952.2(c)(5), which excludes from the Brown Act 'The attendance of a majority of members of the legislative body
at a purely social or ceremonial occasion, provided that a majority of the members do not discuss among themselves
business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency.'"
Like the Miracle on Court Street event, or the San Bernardino Festival. We know from our own past City addresses
that this event is not purely social, this is where the business and future plans of the city are openly discussed with
residents and stakeholders alike. Discussions on economic development, the downtown revitalization, housing,
public safety, etc. Or as the city states this event “will spotlight recent and upcoming public and private investments
in San Bernardino and the positive impacts they are having on the city.”
In the past there was an attempt to restrict public access to a portion of the State of the City Address. On December
1, 2021, the City Council voted unanimously to censure former Mayor John Valdivia for the misuse of public funds
when he hosted an invitation only VIP reception after the virtual State of the City Address on June 15, 2021. Now
the city is hosting a public event with public funds and only allowing those who can afford to pay to attend. Is the
city now requiring residents to pay for access to their own elected officials and public information? Is this a
confirmation of pay to play politics in the City of San Bernardino? Today political donors and supporters of the
mayor received an email invitation from Mayor Tran’s re-election campaign with a link to purchase a ticket to the
address and then an additional link to donate to her campaign. Many are now worried that this is nothing more than
a fundraising opportunity for donors and the residents are being pushed aside and disenfranchised.
Many of us have reached out to council for clarification on this issue and have been met with a variety of different
answers, this isn’t a city event its private and the mayor and council have been invited to attend, the city is charging
residents so it can be reimbursed for the public funds that it is using to host an event that exclude residents who
cannot afford to come, this is the City Manager’s doing and then some council members stated they found out this
event was happening when the residents did. That by far is the most concerning answer since it is this very council
that set the mayor’s state of the city budget at $2,000.
If the City Council members of the City of San Bernardino are not in control and cannot explain to the residents of
the City of San Bernardino how their tax dollars are being applied to the State of the City Address, that is a huge
problem. Therefore, we demand the State of the City Address be open and free to the public to attend, that a virtual
option be made available for those who cannot come in person and that Mayor and Council agendize a discussion
item for the upcoming May 15, 2024 City Council Meeting and publicly answer our and their own questions about
the State of the City Address and have the City Attorney explain how our money can be used towards this event that
only those who can afford to pay are allowed to attend and have all elected officials present at the same time while
city business is discussed without violating the Brown Act.
Community questions:
· Is this event being hosted by the City of San Bernardino?
· Are public funds being used to fund any portion of this event?
· Is the city staff planning and attending this event while being paid?
· Who is planning this event, Mayor, or City Manager?
· How much in total are the sponsorships covering this event?
· What is the maximum occupancy for the address?
· What would happen to any excess funds received from admissions?
· Why is there no virtual option?
We look forward to your response, the following residents of San Bernardino:
Treasure Ortiz Efren Sanchez Steve Lamar Greg Puthoff
Lety Romero Lara Sanchez Ivan Gutierrez Dave Brown
Sofia Sanchez Ruben Chavez Cyndie Hart Jamie Escobedo
Roy Sanchez Erik Hinojosa Lina NeSmith Keith Wisneski
Cassey Carrillo Adriana Saldana Marilu Bretado Steve Veloz
Paula Plunk Amy Wright Jose Bretado Tim Wisneski
Donna Mendoza Alberta Vanettes Eduardo Diaz Kathy Robbins
George Mendoza John Vanettes Marisol Ramirez Ron Plunk
Luis Zara Scott Rhodes Lrea Robinson Rosanna Savala
Sara Robles Tina Lopez Arthur Medrano Jose Medina
Brandon Aguilera Kathy Kimble Robyn Scott Christan Shaughnessy
Jennifer Xicara James Woodson George Yamada Francisco Rosas
Gina Garcia Miguel Vallejo Angelica Guy Thomas Shaughnessy Jr.
Felix Lopez Thelma Lopez Vincent Sanchez Valeria Sanchez
Lessie Philpot Scott Bead Harry Hatch Nancy Hatch