Codification of the San Bernardino Municipal Code: A 2012 Update

By Michael Reiter, Attorney at Law

In 2011, I wrote two pieces on codification of the San Bernardino Municipal Code, and an update on the situation.

From the second piece:

To recap, The Mayor and Common Council, at their November 7, 2011 meeting, passed Resolution 2011-299 Authorizing the issuance of a Request for Proposals for Municipal Code Codification Services.  The staff report to the Resolution painted this unflattering picture of how behind the City is in codification:

Table 1.1 Code Supplement Distribution History from 2008 through 2011

Time Period	Distribution Date	Note
1/2008 to 3/31/2008	4/2008	on schedule
4/2008 to 6/30/2008	7/2008	on schedule
7/2008 to 9/30/2008	11/2008	1 month behind schedule
10/2008 to 12/31/2008	9/2009	8 months behind schedule
1/2009 to 3/31/2009	9/2009	5 months behind schedule
4/2009 to 6/30/2009	9/2009	2 months behind schedule
7/2009 to 9/30/2009	10/2009	on schedule
10/2009 to 12/31/2009	1/2010	on schedule
1/2010 to 3/31/2010	3/23/2010	1 week ahead of schedule
4/2010 to 6/30/2010	2/2011	7 months behind schedule
7/2010 to 9/30/2010	2/2011	4 months behind schedule
10/2010 to 12/31/2010	Not yet distributed	9 months behind schedule
1/2011 to 3/31/2011	Not yet distributed	6 months behind schedule
4/2011 to 6/30/2011	Not yet distributed	3 months behind schedule
7/2011 to 9/30/2011	Not yet distributed	Due this month

What that means is that it is difficult for the lay observer and the outside professional to find out the state of the law.

The Mayor and Common Council will consider, at the February 7, 2012 meeting, awarding  the Code Publishing, Inc. of Seattle, Washington.  However, in the staff report and the resolution, you can see tension between the City Attorney’s Office and the City Manager’s Office:

Proposals were then evaluated by a selection committee comprised of City staff representing the City Clerk’s and City Manager’s offices, Public Works, Information Technology, and Community Development departments. The City Attorney’s Office was invited to participate and identified a representative from their office to take part in this process. The representative was present during one of the presentations; however, the City Attorney’s Office was unable to attend the other presentations and did not participate in the evaluation process.  [Emphasis added]

The selection committee recommends that Code Publishing, Inc., be awarded the contract. While all of the codification companies are qualified to provide the needed services, Code Publishing, Inc., received the highest ranking scores based on their flexible pricing, customer service-oriented approach, quality of electronic publishing and internet services, and legal publishing expertise.

. . .

Recodification and the regular distribution of supplement materials is a necessary undertaking to maintain transparency of the City’s Code. It is the City’s responsibility to maintain its laws in a current and comprehensive format. When the Code contains conflicts or discrepancies and outdated or incorrect references it cannot be an effective tool for residents and enforcement officials to follow and enforce the laws with consistency and accuracy. Moreover, the public, including property and business owners and developers, are poorly served by not having access to updated codes in order to assess information necessary when, for example, applying for business registrations, building permits, or planning new development options.

Outsourcing codification services is a standard practiced by most California cities. A recent survey conducted by staff shows that 91 percent of California cities outsource codification services. Of the 362 cities governed by general law, 332 or 92 percent of cities outsource codification services. Of the 120 charter cities in California, 105 or 88 percent of cities outsource codification services. Within the group of charter cities, 9 or 82 percent of the 11 charter cities that elect a city attorney outsource codification services. [Emphasis added]

By outsourcing services, the City will be able to promptly provide subscribers with quarterly supplements while reducing the time the City Attorney’s and Clerk’s offices and the Planning Division devote to codifying, indexing, proofreading, publishing, and distributing activities. While the City Attorney’s Office is responsible for drafting proposed ordinances and resolutions, the Planning Division is responsible for updating changes to the Development Code (Title 19). Title 19 is one of the most dynamic sections of the Code with the largest number of annual amendments (20 amendments in three years).

The mostly unexecuted version of the resolution says “decline to sign” and the initials “JFP.” City Attorney James F. Penman has declined to approve the resolution as to form.  From time to time, the City Attorney does not sign resolutions or agreements.  The reasons he declined to do might be found by examining the minutes and video of the November 7, 2011 Council Meeting.

Video on the discussion surrounding the item is available on the City’s website, and the item is about at the 3:37:00 mark. For context, the meeting was the day before the Primary Municipal Election. City Attorney Penman said that the first he heard about it was when it appeared on the agenda.  He said the situation was low priority and created by Council not fully funding the City Attorney’s Office, because the Legal Secretary II responsible has been taken off codification and placed on litigation.  He took issue with the cost of $40,000, and said it could be done for $10,000 using a part-time legal secretary without benefits.

Council member McCammack said that City Manager McNeely’s staff had politicized the issue.  She also said that it was more important to pay the $40,000 in defending the liability cases.

Council member Marquez asked about other cities contract with vendors, and City Clerk Rachel Clark said that the Clerk’s Office did a survey but that she didn’t have the numbers with her at the Council Meeting.

Council Member Jenkins said that the money could be better used on potholes, trimming trees or broken street lights.

Council member Kelley had concerns that sending out the RFP would start an unavoidable path to paying for outside codification.

City Attorney Penman said that the biggest request was to annotate the code and Charter with case law, and the codification company would charge extra. City Attorney Penman said that they were ahead of schedule a year before, but that staff had been taken off of it, and that it was not high priority.

Mayor Morris said that the City Attorney’s Office would be part of the RFP process.

Council member McCammack asked which staff would be involved with the codifier to make sure the codifier was making accurate changes to the code.  City Manager McNeely said that the City Attorney and City Manager and City Clerk’s Office would be involved, and that mostly the City Clerk’s Office would be involved.

City Clerk Clark highlighted the times that the City Attorney’s Office was late in the quarterly updates, but when confronted said that it had been on time before the highlighted period.  She also said that it was during Tom Minor’s administration that it came in-house.  Council member McCammack said the item was a political ploy to embarrass the City Attorney’s Office.
The first public speaker said that it was difficult to find the code online, particularly related to code enforcement.  The second speaker was then-City Clerk candidate Esther Jimenez discussed an issue regarding a proposed tobacco ordinance in the past which wasn’t really related to the discussion (and City Attorney Penman disputed her view of the events).
City Attorney Penman disputed the part of the RFP that there was a need to make corrective measures to the existing code, and he said that Council had blocked some moves already proposed by the City Attorney’s Office, and that his Office didn’t have the resources to make the needed changes.  City Attorney Penman said that all hands were defending lawsuits so that no one could participate in the selection process.

The Common Council voted on strictly partisan lines.  According to the minutes of November 7, 2011, Resolution 2011-299 was passed on a 4 to 3 vote with Council members Virginia Marquez (1st Ward), Tobin Brinker (2nd Ward), Fred Shorett (4th Ward) and Rikke Van Johnson (6th Ward) in favor; Robert Jenkins (2nd Ward), Chas Kelley (5th Ward) and Wendy McCammack (7th Ward) opposed.
Update:  The Common Council voted 5-2 (Shorett and Johnson opposed) to continue the item to March 19, 2012, where, given the new majority will most likely be defeated, if it even comes to a vote.

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

Copyright 2012 Michael Reiter, Attorney at Law.

Michael Reiter, Attorney at Law.

Address : 1255 W. Colton Ave., Suite 104

Redlands, CA 92374

Telephone: (909) 708-6055

Email: michael@michaelreiterlaw.com

Website: http://michaelreiterlaw.com

Recent San Bernardino City Election Slate Mailer Targeting Registered Democrats

By Michael Reiter, Attorney at Law

First, a disclaimer:  this site is neutral as explained in the post “Why We Try To Keep Partisan Politics Out of These Postings“  These postings are provided as a community service, and not to push a particular candidate, or slate of candidates.

This is a slate mailer, which comes from a company that campaigns can pay to include their candidates.  I have not seen any studies on these, but I would guess that they are most effective when you have a national race, and you also have a local election, and you can send it to people registered in a party, or decline-t0-state, and include your measure or candidate to ride the coattails of a nationwide or statewide candidate.  They often include paid and non-paid “endorsements.”  This mailer only includes paid endorsements, as shown by an asterisk.

The back of this slate mailer has photographs of President Barack Obama and Vice President Joe Biden.  It includes a quote, from no one in particular,

“Voting for Barack Obama and Joe Biden was just the beginning of the change our country needs.  To move forward we also have to vote  for good local elected officials who will work with the people to make our communities a better place to live.  On November 8th, you will have a chance to move our country forward by voting for our communities Democratic Team.  Please take this card to the polls and consider our recommendations.  Thank you!”

The back also has a little graphic that says “Vote Democratic” with a donkey kicking on an American Flag shield.  Below the address, it says “ELECTION DAY IS TUESDAY NOV. 8TH VOTER GUIDE ON BACK OF THIS CARD”   The fine print says “NOTICE TO VOTERS THIS DOCUMENT WAS PREPARED BY DEMOCRATIC VOTERS CHOICE, NOT AN OFFICIAL PARTY ORGANIZATION.  Appearance in this mailer does not necessarily imply endorsement of others appearing in this mailer,.[sic] nor does it imply endorsement of, or opposition to, any issues set forth in this mailer.  Appearance is paid for and authorized by each candidate and ballot measure designated by an*.”  The slate mailer shows an Arcadia mailing permit.

The front of the mailer has the headline “THE TEAM FOR DEMOCRATIC VOTERS A GUIDE TO THE MOST IMPORTANT OFFICES AND MEASURES ON YOUR BALLOT.  TAKE THIS GUIDE WITH YOU TO THE POLLS.”

On the left, it has a left of offices, with the name of one of the candidates in bold with an asterisk after each: City Attorney JIM PENMAN* CITY CLERK AMELIA SANCHEZ-LOPEZ* CITY COUNCIL WARD 3 JOHN VALDIVIA* CITY COUNCIL WARD 5 CHAS KELLEY* CITY COUNCIL WARD 7 WENDY McCAMMACK* and the legend, “Take this card with you to the polls.”

Then to the right of the list is a picture of each of the candidates mentioned in the list and a little blurb about each.  It says “JIM PENMAN for City Attorney.  Our City Attorney Jim Penman. Former Director of Home of Neighborly Service.  Endorsed by AFL-CIO, San Bernardino PublicEmployees [sic] Associa tion [sic] and former Mayor Judith Valles.”

Next: “AMELIA SANCHEZ-LOPEZ for San Bernardino City Clerk.  Our Voice for Integrity.  Our Democratic Choice for City Clerk!  Endorsed by San Bernardino Democratic Party, Central Labor Council AFL-CIO and Congressman Joe Baca.

Then: “JOHN VALDIVIA for 3rd Ward City Council.  Vote Valdivia. Replace the failed Republican incumbent!  John Valdivia is endorsed by our Teachers, Firefighters, Police Officers and Central Labor Council AFL-CIO.

“CHAS KELLEY for 5th Ward Council.  Re-Elect 5th Ward Councilman Chas Kelley.  Effective leader for our neighborhoods.  Endorsed by the Central Labor Council AFL-CIO and Democratic leaders like former Mayor Judith Valles.”

“WENDY MCCAMACK for 7th Ward.  She fights for seniors and working families![ ]Endorsed by the AFL-CIO, SB Firefighters, P olice[sic] Officers and former Mayor Judith Valles.

Of course, as anyone paying attention already knows, only one of these people actually claims the endorsement of the actual San Bernardino County Democratic party, and only one of them is a registered Democrat, and of course, two of them are well-known Republicans.    The San Bernardino County Democratic Party, on their website, cries foul.  However, I don’t think anyone takes paid slate mailers seriously, and careful reading of the document shows it comes from a non-party organization.  Further, it is a non-partisan race.

How much does it cost to be on a slate mailer like this?  On his September 28, 2011 FPPC Form 460, City Attorney James F. Penman had a payment to “Democratic Voters Choice” in the amount of $1,200.  He also had a payment of $960 to “Citizens for Good Government” of $960, which shares the same address in Covina as Democratic Voters Choice.

Even though it is a non-partisan election, if you really care about the local Democratic party’s choices, from their website:

These are the endorsements of the San Bernardino County Democratic Central Committee:

San Bernardino City Attorney – No Endorsement

San Bernardino City Clerk – Amelia Sanchez-Lopez

San Bernardino City Council- 3rd Ward – No Democratic Candidate

San Bernardino City Council – 7th Ward – No Democratic Candidate

San Bernardino Unified School District (In order of most votes rec’d)
Juan Lopez
Dr. Margaret Hill
Sharon “Bobbie” Perong
Elsa Valdez

As far as I can tell, the San Bernardino County Republican Central Committee didn’t make any endorsements in these elections.

Copyright 2011 Michael Reiter, Attorney at Law.

Michael Reiter, Attorney at Law.

Address : 1255 W. Colton Ave., Suite 104

                     Redlands, CA 92374

Telephone: (909) 708-6055

Email: michael@michaelreiterlaw.com

Website: http://michaelreiterlaw.com

Who Will Win the City of San Bernardino 5th Ward Council Election on November 8, 2011?

City Attorney James F. Penman / Chas Kelley Mailer

By Michael Reiter, Attorney at Law

First, a disclaimer:  this site is neutral as explained in the post “Why We Try To Keep Partisan Politics Out of These Postings“  These postings are provided as a community service, and not to push a particular candidate, or slate of candidates.

This is the fifth mailer that I have seen from incumbent City Attorney Jim Penman.  It has Chas Kelley’s signature Kelly green.  On the front, non-glossy side is a letter from incumbent City Council Member Chas A. Kelley.  It reads:

From the Desk of
City Councilman Chas Kelley

Dear Fifth Ward Neighbor,
The office of City Attorney serves as an important check and balance for
the public at City Hall. That’s why I am supporting the re-election of City
Attorney Jim Penman.
I haven’t always agreed with Mr. Penman, but I admire his sincere dedication
to our community, his active leadership in fighting crime and his strong
stands against government corruption.
As City Attorney, Jim wrote San Bernardino’s tough moratorium law
against parolee housing. He directed the city’s most successful crackdown against
irresponsible out-of-town landlords. He also led the successful fight to shut
down the drug-infested Hudson Theater Rave Club.
Jim Penman is NOT afraid to stand up for the citizens of
Sail Bernardino even if it means taking on other politicians. He understands
that the role of the City Attorney is to be an independent advocate for integrity
and justice.
Please join me in casting your vote for City Attorney Jim Penman.
Thank you and God Bless.
/s/
5th Ward Councilman, City of San Bernardino

Under the letter is “Vote Jim Penman For City Attorney,” which repeats on the back.

The back of the mailer has a “Special Message from Councilman Chas Kelley.”  It says “Jim Penman’s crime fighting leadership and strong stand against corruption are great assets for the people of “San Bernardino.”  Chas”  To the right of the quote, there is a photograph of Council Member Chas Kelley with City Attorney Penman at what appears to be a Robert Jenkins fundraiser or victory party.

I have no idea if these have been sent in other wards featuring other council members.  If they are, I would expect them to be sent in the 2nd and 7th Wards as well with their council members, and possibly one with Third Ward challenger John Valdivia.   The 7th Ward Council Member, Wendy McCammack, is running for reelection this cycle, as is Chas Kelley.  John Valdivia is running for the 3rd Ward Council seat this cycle.  Robert Jenkins won election in the 2nd Ward for the remainder of Jason Desjardins term earlier this year.

Copyright 2011 Michael Reiter, Attorney at Law.

Michael Reiter, Attorney at Law.

Address : 1255 W. Colton Ave., Suite 104

                     Redlands, CA 92374

Telephone: (909) 708-6055

Email: michael@michaelreiterlaw.com

Website: http://michaelreiterlaw.com

San Bernardino City Election Literature Roundup Gigi Hanna for San Bernardino City Clerk and Larry Lee for 5th Ward City Council

By Michael Reiter, Attorney at Law

Once again, a preface: Why We Try To Keep Partisan Politics Out of These Postings. These posts are provided as a public service  to inform the voting public about who is running and what they are saying.  If I get it, this blog posts and comments about the campaign material.   With the dearth (and death) of good reporting coming from our local newspapers, this may be one of the few places to get neutral reporting about the candidates.

There have been a lot of posts regarding Gigi Hanna because she has been the most active among the candidates, perhaps because her name recognition was second lowest (I had only heard of one of the candidates before they announced, because I had worked for the City of San Bernardino at the same time as Peggi Hazlettt) among the five candidates (with only William Valle lower).  The previous Gigi Hanna posts have included her video profile, her letter and resume to voters, a discussion about donations that included information about Gigi Hanna, an overview of all the San Bernardino City Clerk candidates,  an overview of expenditures and donations of all the City Clerk candidates, a discussion about ballot order, a review of Gigi Hanna’s first mailer,  a recap of the City Clerk’s forum, and a closer look at the San Bernardino City Clerk’s race on November 8, 2011.

More recent Gigi Hanna literature arrived.  This is the material distributed by the candidate or the candidate’s campaigner’s while walking the precincts.   Here is the front, and here is the back.

The front of the pamphlet has Gigi Hanna’s portrait with an American flag, the words “Vote Gigi Hanna City Clerk 2011″ and the legend “Public Records Expert Experienced Record-Keeper Always Neutral.’

Also on the front, if you open and lay the pamphlet flat is this information:

In choosing your next City Clerk,
chose the candidate who will:

• Continue the legacy of competency and   friendly professionalism in the Clerk’s office

• Keep politics out of the office, remaining  neutral on city politics and personalities

• Run the department efficiently and effectively

• Be the citizen’s link to their government

• Expand digitization of city records to improve public access to its government

•  Keep elections fair and accurate, so everyone’s vote counts

Elect the one who is qualified and who best serves
the interests of all
San Bernardino residents

Vote Gigi Hanna
The clear choice
for City Clerk
Created in-house. Printed by Crown Printers.
Please support San Bernardino businesses

The inside, or reverse depending on how you look at the pamphlet has a photograph of Gigi Hanna and her husband Tony:

I moved to San City Clerk when I took a job in town as a reporter. Years later, after  transitioning into a  senior public relations  position in Los Angeles, I realized I was spending too much time commuting to a job that did nothing to benefit my community.

In order to expend my energies and talent for the good of my city, I accepted the position of Associate Director of the Water Resources Institute at Cal State San Bernardino.

Since then I’ve worked and volunteered with the Downtown Harvest Market, Healthy San Bernardino Coalition, Lytle is Vital (Water Quality) Project and the new Water Conservation Demonstration Garden at Cal State.
I’m married to Tony Barber, a glass artist from Fresno. We’re not blessed with children, but  I serve three cats and a dog, and take care of my
father, David, a retired firefighter and a real-bearded Santa Claus.

City Clerk must be professional, qualified and not beholden to any faction

We can all recall instances recently where political bickering has held up the business of getting on with business.  This hasn’t helped our nation or our state and it won’t help San Bernardino.

As the elections officer and record-keeper for the city and the public’s main link to its local government, the City Clerk must be committed to ethics, value open government and be an effective administrator.

I am all those, and the only candidate with professional City Clerk training.  I have remained neutral on local politics built a career committed to open government and records and have the professional experience and education to effectively run the City Clerk’s department.

When you go to the Clerk’s office, you need efficient and professional service, no matter what your take on the issues are or who you support.

[In red letters:] This is about posting agendas

Not promoting one [End red letters]

The last third of the reverse side is a pledge card to be mailed back to Gigi Hanna.

Larry Lee recently sent a mailer, his first: here is the front, here is the back.

The front has a portrait of Pastor Lee with the headline: “UNPACK YOUR BAGS, PUT YOUR WORK CLOTHES ON AND LET’S GET TO WORK”
It continues with some phrases that almost sound like proverbs:

We can change the image people have of our city by changing the way we think about it.

To change the way we think about it we have to change the way we talk about it.

It continues with bullet points:

• The 5th ward needs jobs. We need restaurants and more retail business.
• We need our streets and sidewalks repaired.  We need our street lights fixed.
• We need our blighted areas cleaned up and beautiful.
• We need our fair share of tax revenue to fund projects that will benefit the whole 5th Ward and city.
• We despise wasteful spending and a deficit mentality.
• We are proud of Cal-State University and want to partner with them for economic development.

The bullet points are accompanied by stock photos of a waitress, a college graduate and a family.

The front ends with “Larry Lee will fight to make San Bernardino the great city that it is!” and “Elect Larry Lee for City Council 5th Ward” followed by his website.

The back has a word cloud that forms an American flag, with buzz words such as “Land Development,” “A Megacity” and “Teamwork”

More information:  Using historical data to handicap the 5th Ward Race; Chas Kelley’s Mailer Number One.

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

Copyright 2011 Michael Reiter, Attorney at Law.

Michael Reiter, Attorney at Law.

Address : 1255 W. Colton Ave., Suite 104

Redlands, CA 92374

Telephone: (909) 708-6055

Email: michael@michaelreiterlaw.com

Website: http://michaelreiterlaw.com

League of Women Voters of California Education Fund Smart Voter Profiles

By Michael Reiter, Attorney at Law

According to its website:

The League of Women Voters of California Education Fund conducts our voter service and citizen education activities. It is a 501(c)(3) corporation, a nonpartisan non-profit educational organization, which:

• Builds citizen participation in the democratic process.
• Studies key community issues at all government levels in an unbiased manner.
• Enables people to seek positive solutions to public policy issues through education and conflict management.

The League of Women Voters of California Education Fund has a website called Smart Voter ®.  On that website, they have all the local San Bernardino County races in one place.

This is a good way for the candidates to put out information about their candidacy in a place that has the trappings of neutrality.   Putting up a profile also works as good search engine optimization of the candidates main website.  As of today, October 17, 2011, the following candidates have put up profiles at the site:

City of San Bernardino races

Third Ward Council Member Tobin Brinker;

Seventh Ward Challenger James L. “Jim” Mulvihill;

City Clerk Candidate Peggi Hazlett.

San Bernardino City Unified School District Candidates:

Anna M. Cox;

Gil Navarro;

Daniel William Deane;

Elsa Valdez.

These are the only candidates that have completed profiles.  It appears that all the candidates were invited to fill out profiles, and that it does not cost the candidate any money to submit the profiles.

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

Copyright 2011 Michael Reiter, Attorney at Law.

Michael Reiter, Attorney at Law.

Address : 1255 W. Colton Ave., Suite 104

                   Redlands, CA 92374

Telephone: (909) 708-6055

Email: michael@michaelreiterlaw.com

Website: http://michaelreiterlaw.com

Chas Kelley for City Council 2011 Mailer Number One

By Michael Reiter, Attorney at Law.

I had the good fortune of talking to 5th Ward Council Member Kelley between the City Attorney’s Forum and the City Clerk’s forum at City Hall last week.

I received a copy of the first mailer from the Kelley campaign.  It came in a buff-colored envelope with a USA presorted standard postage stamp, and computer-generated address.  The return address had “Chas Kelley YOUR City Councilman” and a 5th Ward return address printed in his trademark Kelly green.  On the bottom of the envelope, it said “Free Refrigerator Magnet Inside.”  The back of the envelope said “Paid for by Friends of Chas Kelley for City Council 2011, ID #1247634.

Above the fold was “Working for You!” in large  green letters.  Next to the “Working for You!” motto was the magnet, which has the same proportion as a business card, but larger.  In the top corner is the phone number “909-648-3506″ in the top left corner, and in the top right corner, the email address “chaskelley@charter.net”  In the center, in larger type is “City Councilman Chas Kelley City of San Bernardino, 5th Ward.  Below in the bottom left corner is  “City Council Office 300 North D Street San Bernardino CA 92418″, and in the bottom right corner “Visit Chas on Facebook Chas Kelley.”  I checked, I couldn’t find Chas Kelley’s Facebook page.

The letter reads:

Dear Neighbor,

Keeping in touch with your concerns helps me to be an even more effective advocate for you and your family.

That’s why I wanted to provide you with a complimentary refrigerator magnet with my contact information.  Please use it to alert me about any problems in your neighborhood or to share your views about a city issue.

By working closely with local neighborhood leaders, I’m very proud of the new amenities we have been able to bring to the 5th Ward–even in these difficult times.

We just opened our brand new Community Center next to the Little League Complex with meeting rooms, a children’s play area, a library reading room, an outdoor ampitheatre [sic, the British spelling] and recreational facilities.  I hope you will visit this great new family-friendly facility.

Another success was the installation of new playground equipment at Blair Park and new exercise stations for walkers and runners on Little Mountain Trail.

I’m also pleased to report that we are very close to approving a neighborhood shopping center with a grocery store at the Kendall Hills Plaza Property.

As a father of four, I am especially concerned about safety.  when broken street lights were causing unsafe conditions.  I teamed up with local resident Bob Edwards to get the lights turned back on in our neighborhoods.  Together, we forced city officials to implement an action plan that will expedite the repair of city street lights.

Representing the citizens of the 5th Ward is a responsibility I take very seriously. Please contact me if I can ever be of assistance to you or your family.  Thank you and God Bless.

Best regards,

Chas Kelley

City Councilman, 5th Ward

NOT PRINTED OR MAILED AT TAXPAYER EXPENSE.

Paid for by Friends of Chas Kelley for City Council 2011, ID# 1247634

The word “vote” does not appear anywhere on the letter.  I know Chas Kelley has sent a magnet before, but I do not know if it was during an election or somewhere midterm.  The letter mentions places throughout the 5th Ward, including Verdemont, Shandin Hills, Kendall Hills, and the area south of Shandin Hills  near Blair Park. It mentions public safety, a Kelley strong point.  It reminds the reader that Chas Kelley is the 5th Ward council member, but that he is still “one of us” by saying “together, we forced city officials to implement an action plan that will expedite the repair of city street lights.”

There is a tone of humility in the letter.  I would categorize this as a “getting to know you” piece, though the accomplishments listed are recent (there is no mention of the Verdemont Fire Station, for example), and there is some background (that Chas Kelley is the incumbent, that he is a father of four), but not as much as you might see from a complete unknown.

he information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

Copyright 2011 Michael Reiter, Attorney at Law.

Michael Reiter, Attorney at Law.

Address : 1255 W. Colton Ave., Suite 104

                    Redlands, CA 92374

Telephone: (909) 708-6055

Email: michael@michaelreiterlaw.com

Website: http://michaelreiterlaw.com

Using Historical Data To Handicap The City of San Bernardino Fifth Ward City Council Election in November 2011 Between Chas Kelley and Larry Lee

By Michael Reiter, Attorney at Law

This is the latest installment in my series about historical election results, and what they may mean in the November 2011 San Bernardino Municipal Election.  The previous posts are about the Third Ward and the City Attorney’s Race.  I was unable to attend the candidates forum held at San Bernardino City Hall yesterday because I was busy watching the City of Redlands Council Meeting on television in Redlands.  I read the highlights in the local newspaper, including the microblog (via Twitter) which has apparently replaced the defunct SBNow blog.   The Fifth Ward race does not look particularly exciting.   Other than yard signs and billboards, and participation in the candidate debate, I have not seen any new information from the incumbent, Chas Kelley.  What I have seen from the challenger, Larry A. Lee, (as found on his website) is that his platform is:

·      No Tax or Fee Increases

·      Fair Share of City Services for all 5th Ward neighborhoods

·      Promote Development

·      Work to Bring Jobs back to the City.

·      To be a Team Player for the Good of the Whole City.

·      To Represent the Entire 5th Ward and City Well.

·      Promote Civility, Respect, and Honor

·      Build a Strong Network of Communication through Healthy and Personal Relationships.

·      To Connect and Work with Our Youth (Our Next Leaders)

·      To Change the Perceived Image of Our City, by first Changing the way we think of it

There is no doubt in my mind that Chas Kelley would agree with these principles, so Larry Lee needs to do a better job of showing why he can do a better job than Chas Kelley if he wants to be a council member.  Though I have heard mild grumblings about Chas Kelley over the years mostly  personal attacks that cannot be taken seriously, and occasionally policy disagreements), I do not think he is unpopular in the 5th Ward, at least not like his predecessor.  Larry Lee’s talking points listed above do suggest possible angles to differentiate Pastor Lee from Council Member Kelley.  “Fair Share of City Services for all 5th Ward neighborhoods.”  The achievements that Council member Kelley likes to talk about (the Community Center, the trail system, Ronald Reagan Park) tend to serve Kendall Hills and Verdemont.  Pastor Lee should point that out to the people living adjacent to Little Mountain.  “To Be A Team Player for the Good of the Whole City” and “Promote Civility, Respect and Honor” sound like they are generic platitudes, but it alludes to the confrontations between Mayor Morris and Council Member Kelley.  Strangely, Larry Lee has not put his endorsements up yet.  However, judging from the Facebook photos of Mayor Morris at his fundraiser, comments from Sixth Ward Council Member Rikke Van Johnson on his Facebook Wall, and a comment from City Attorney candidate and recent San Bernardino resident David McKenna, we can conclude that he is squarely in the Morris camp.  I have no idea how popular the Mayor is in the 5th Ward, but I find it puzzling that Pastor Lee has not updated his webpage with endorsements.

Here is the last race, November 2007:

COUNCIL MEMBER – CITY OF SAN BERNARDINO WARD 5
Vote For 1	17 of 17 Precincts Reporting
CANDIDATE VOTES PERCENT CHAS A. KELLEY 1638 59.80% CAROLYN A. TILLMAN 596 21.76% RICK AVILA 417 15.22% RANDY LEE 85 3.10% Write-In 3 0.11%

Council Member Chas Kelley won easily in a four person field.    I would expect a similar turnout in this election.  The relationship between Council member and Mayor Morris has stayed relatively the same since the last election, so I would guess the Mayor’s supporters will vote for Pastor Lee, and Chas Kelley, as long he has not been ignoring his constituents in the last four years, should be reelected.   The demographics of the 5th Ward have changed with the collapse of the housing markets, but I doubt that will have an impact on Council member Kelley since Pastor Lee’s platform is not markedly different from what I expect Chas Kelley’s platform to be once he sends out campaign fliers or has a website or a Facebook account. Pastor Lee has to demonstrate the City’s and Ward’s failings (one only has to look at the lack of street lights on the Kendall curve), and try to connect those to Chas Kelley.  In short, he has to give a reason for 5th Ward voters to dump the incumbent.

Chas Kelley was well-liked enough to come in third in the first electoral battle in 2005  between now-Mayor Morris and City Attorney James F. Penman:

City of San Bernardino – Mayor

113/113 100.00%

 

	Vote Count	Percent
PAT MORRIS	11,249	43.42%
JAMES F. ‘JIM’ PENMAN	6,648	25.66%
CHAS A. KELLEY	4,079	15.74%
RICK AVILA	3,425	13.22%
MICHAEL ELLISON-LEWIS	466	1.80%
Write-In	42	0.16%
Total	25,909	100.00%

 

Here is the data from Chas Kelley’s first election over incumbent Joe Suarez.  This election was impressive because it is difficult to beat an incumbent in San Bernardino.   But he did not beat Joe Suarez, he trounced Joe Suarez in November 2003:

CITY OF SAN BERNARDINO

Member City Council,

Ward 5

CHAS A. KELLEY                                 1,519   64.72

JOE V. C. SUAREZ                                 816   34.77

WRITE-IN                                          12    0.51

The powers-that-be in 2003 underestimated Chas Kelley, and that was a mistake because he is a good local politician, and he had a grass-roots view of the 5th Ward.

The last election data I have is the 1999 election when Joe Suarez beat Jim Erwin and Mike Vasquez:

CANDIDATE VOTES PERCENT JAMES H ERWIN 678 36.2% MIKE VASQUEZ 183 9.7% JOE SUAREZ 1011 54.0%

I’m not sure what you can draw from this data, except that the population has grown, as have the likely voters.  Also, the Ward boundaries changed between the 1999 and 2003.

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

Copyright 2011 Michael Reiter, Attorney at Law.

Michael Reiter, Attorney at Law.

Address : 1255 W. Colton Ave., Suite 104

Redlands, CA 92374

Telephone: (909) 708-6055

Email: michael@michaelreiterlaw.com

Website: http://michaelreiterlaw.com

Anecdotal Evidence: More Larry Lee Signs Than Chas Kelley Signs Along Kendall Drive

By Michael Reiter, Attorney at Law.

While traveling north on Kendall Drive and also on Sheridan, I saw more Larry A. Lee yard signs then Chas Kelley signs. I am not sure that means anything, other than maybe Larry Lee had a head start on walking.

I am not sure of the genesis of Pastor Lee’s run, though there are a few scant clues on a Larry Lee door hanger that has been provided to me. The door hanger says, on the front: “Better things are yet to come. Better things are still to be done in the city. join me in making San Bernardino a place people want to move to. Help me make San Bernardino a place people are proud to be from and not ashamed of. It’s time for a change”

The back says “Larry Lee understands: The seriousness of the problems we face. The stewardship of our city’s resources and affairs. The necessity of interdependence.

“Larry Lee will: Represent the entire 5th ward and city passionately. Work hard on issues of jobs and the economy. Maintain and help to find ways to improve the safety and protection of our residents. Not support any new taxes and will fight to lower them, when and wherever possible. Larry Lee is a community servant at will lead with courage, veracity and fortitude.”

This is a “get to know you” piece, and there are no explicit swipes at Council Member Kelley. If I were to guess the motives present, I would focus on “It’s time for a change” and Pastor Lee’s understanding of the ” necessity of interdependence” suggesting those times when Council Member Kelley has voted differently then the current Council majority.

In other non- news, I also saw the first Esther Jimenez for City Clerk yard sign.

Contact Information for City of San Bernardino Candidates Election 2011

By Michael Reiter, Attorney at Law

[Updated October 18, 2011]

The City of San Bernardino’s municipal election in November 2011  is very important to the people of San Bernardino.  Traditionally, there has not been a lot of quality information, and as local news-gathering diminishes, I thought, as a public service, I could provide a list of contact information.  I was frustrated a few years ago in a “Pick 4″ election for a school board.  I knew two of my votes, but rather than undervote, or randomly vote, I tried to find information about the other people running for office.  It was very difficult to do.  In our online age, that should no longer be an issue.  In that spirit, here is the contact information that I have so far as of October 18, 2011 for the November 8, 2011 election.  I am including the contested races.  The phone numbers and email are from the public internet, usually the campaign website or the public Facebook Info Page.   If any candidate wants any of this information changed, updated or removed, I will do so upon contact by the campaign.  Once again, the order is the same as on the San Bernardino Registrar of Voters Candidate list :

City of San Bernardino Third Ward

Tobin Brinker:  Website, Facebook. As of the morning of October 7 2011, there is no phone number on the official campaign website,  Email.

John Valdivia:  Website,  Facebook,  Phone number: (877) 825–3270, Email.

City of San Bernardino Fifth Ward

Chas Kelley: Friends of Chas Kelley sent a letter with a magnet.  The magnet says, among other things, “Visit Chas on Facebook,” but I’m still unable to find a Facebook profile for Council Member Kelley as of October 7, 2011.  The magnet also gives a Phone Number: (909) 648-3506 and an Email.

Larry A. Lee:  Website, Facebook,  Email.

City of San Bernardino Seventh Ward

Wendy McCammack does not appear to have an online campaign presence at this time.  I was unable to locate an email address nor a phone number as of October 18, 2011

Jim Mulvihill: Facebook,  Phone Number (from public Facebook Page): 909-886-1333, Email.

City of San Bernardino City Clerk

Georgeann “Gigi” Hanna  Facebook,  Website, Phone Number from Public Facebook Page: 909-709-2019, Email.

Peggi Hazlett:  Facebook, as of October 6, 2011, no other information.

Esther Jimenez:  Facebook, Email.

Amelia Sanchez-Lopez:  Website,  Facebook, Phone number (from Jim Penman’s mailer #2) (909) 882-7085,  Email.

William A. Valle: Website,  Facebook, Phone Number from Public Facebook Page: (909) 486-5636, Email.

City Attorney

David L. McKenna:  Website, Facebook, Phone Number from Campaign Flier and Campaign Website: (909) 264-9021, Email.

James F. “Jim” Penman: Website (as of 10/18/2011, not yet functional, but mentioned in second mailer), Phone Number from Mailers: (909) 882-8986, Email.

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

Copyright 2011 Michael Reiter, Attorney at Law.

Michael Reiter, Attorney at Law.

Address : 1255 W. Colton Ave., Suite 104

                     Redlands, CA 92374

Telephone: (909) 708-6055

Email: michael@michaelreiterlaw.com

Website: http://michaelreiterlaw.com