HomeMy WebLinkAbout1990-263
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RESOLUTION NO. 90-263
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH FEDERAL, STATE, COUNTY, AND CITY
PUBLIC ENTITIES TO CONTINUE PARTICIPATION IN A CLANDESTINE
LABORATORY TASK FORCE TO INVESTIGATE AND PROSECUTE CRIMINAL CASES
INVOLVING ILLEGAL MANUFACTURING OF CONTROLLED SUBSTANCES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said City
an agreement with the California Bureau of Narcotic Enforcement,
United States Drug Enforcement Administration, California Highway
Patrol, Riverside County Sheriff's Department, San Bernardino
County Sheriff's Department, Riverside Police Department, Ria1to
Police Department, Ontario Police Department and the San
Bernardino Police Department to continue participation in a
Clandestine Laboratory Task Force to investigate and prosecute
criminal cases involving illegal manufacturing of controlled
substances. A copy of said agreement is attached hereto marked
Exhibit "A" and incorporated herein by reference as though fully
set forth at length.
SECTION 2.
The authorization to execute the above-
referenced agreement is rescinded if the parties to the agreement
fail to execute it within one hundred twenty (120) days of the
passage of this resolution.
III
III
III
III
III
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June 27, 1990
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1 RESOLUTION... AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
FEDERAL, STATE, COUNTY, AND CITY PUBLIC ENTITIES TO CONTINUE
2 PARTICIPATION IN A CLANDESTINE LABORATORY TASK FORCE
MANUFACTURING OF CONTROLLED SUBSTANCES.
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I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of
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San Bernardino at a regular
meeting thereof, held on the
7.nd
day of .11l1y
, 1990, by the following vote, to wit:
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Council Members:
AYES
NAYS
ABSTAIN
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ESTRADA
x
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REILLY
x
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FLORES
x
MAUDSLEY
x
MINOR
x
POPE-LUDLAM
MILLER
x
-? ''1' /1
--1:i-Li j/!i21UJ '7fu1.e:.u ,
Cyty Clerk '
~::tz,
tl
of
The foregoing resolution is hereby approved thi~~(~ day
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Julv
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22 Approved as to
form and legal content:
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JAMES F. PENMAN,
City Attorney
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By: ~ /. ;/~
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June 27, 1990
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AGREEMENT AMONG
CALIFORNIA BUREAU OF NARCOTIC ENFORCEMENT
UNITED STATES DRUG ENFORCEMENT ADMINISTRATION
CALIFORNIA HIGHWAY PATROL
RIVERSIDE COUNTY SHERIFF'S DEPARTMENT
SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT
RIVERSIDE POLICE DEPARTMENT
RIALTO POLICE DEPARTMENT
SAN BERNARDINO POLICE DEPARTMENT
ONTARIO POLICE DEPARTMENT
FOR THE FORMATION OF A
CLANDESTINE LABORATORY TASK FORCE
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THIS AGREEMENT is made and entered into by and among the
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CALIFORNIA BUREAU OF NARCOTIC ENFORCEMENT (hereinafter "BNE"),
the DRUG ENFORCEMENT ADMINISTRATION OF THE UNITED STATES
DEPARTMENT OF JUSTICE (hereinafter "DEA"), the CALIFORNIA HIGHWAY
PATROL (hereinafter "CHP"), the RIVERSIDE COUNTY SHERIFF'S
DEPARTMENT (hereinafter "RSD"), the RIVERSIDE POLICE DEPARTMENT
(hereinafter "RPD"), the SAN BERNARDINO COUNTY SHERIFF'S
DEPARTMENT (hereinafter "SBSD"), the ONTARIO POLICE DEPARTMENT
(hereinafter "OPD"), the RIALTO POLICE DEPARTMENT (hereinafter
"RIALTO PD"), and the SAN BERNARDINO POLICE DEPARTMENT
(hereinafter "SBPD").
WHEREAS, there is overwhelming evidence that illicit
manufacturing of controlled substances exists in the two-county
geographical area of responsibility, and that such illegal
activity has a substantial and detrimental effect on the health
and general welfare of the citizens within this area.
WHEREAS, the parties hereto are desirous of agreeing, for
their mutual benefit, to provide for the formation of a Drug
Enforcement Task Force, known as the INLAND EMPIRE CLANDESTINE
LABORATORY TASK FORCE (hereinafter "Task Force"), located in the
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June 27, 1990
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1 City of Riverside, within the State of California, for the
2 purpose of a concerted effort in the investigation and
3 prosecution of cases before the courts of the United States and
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the courts of California, involving illicit laboratories.
Said
5 investigation activity will target those manufacturing and
6 trafficking organizations operating in or affecting this
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geographical area.
The objectives of the Task Force are to
8 reduce the supply of, and demand for, precursor chemicals,
9 laboratory equipment, and illicit manufacturers of illegal drugs
10 by increasing the risks involved in the possession, manufacture,
11 transportation, or sale of controlled substances; to improve the
12 operational inter-relationships of all participating Federal,
13 State, Municipal, and County Agencies; to effectively accumulate,
14 assimilate, and disseminate illicit drug laboratory intelligence
15 and related criminal information to appropriate law enforcement
16 agencies in the geographical area; and
17 WHEREAS, the BNE Clandestine Laboratory Program is a proven
18 method of detecting and combating the problem of illicit
19 manufacturing; and
20 NOW, THEREFORE, and in consideration of the mutual promise,
21 covenants and agreements hereinafter set forth, the parties do
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22 hereby agree as follows:
1.
The BNE, DEA, RSD, RPD, SBSD, SBPD, OPD, RIALTO PD,
24 and CHP will, with their own law enforcement personnel and
25 employees as hereinafter specified, perform the activities and
26 duties as described below:
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a.
Gather and report intelligence data relating to
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Clandestine Laboratory operators;
b.
Investigate and report instances involving the
Clandestine Laboratory operators;
c.
Conduct enforcement operations, covert and overt, and
engage in such other traditional methods of
investigation in order that the activities of the
Clandestine Laboratory Task Force result in effective
prosecution before the courts of the United states or
the courts of the State of California;
d.
Cooperate to provide local law enforcement and
prosecutorial personnel with specialized training
necessary to accomplish the objectives of the Task
Force.
2.
An Executive Board, chaired by the Special Agent in
15 charge of the Riverside BNE Office and Board Members will include
16 the Resident Agent in charge of the DEA Field Office and Heads of
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17 Agencies or designees of those other agencies having full-time
personnel assigned.
Board Members shall have the authority to
19 regulate and manage the Task Force.
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a.
The Executive Board shall meet quarterly for the
purpose of reviewing reports relative to the progress,
functions, and special duties of the Task Force, and
to evaluate its effectiveness.
b.
Each Board Member shall have one (1) vote.
c.
Final authority over resources dedicated to the Task
Force shall rest with the agency providing that
resource.
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d.
All DEA agents and allied agency personnel assigned to
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the Task Force shall adhere to all BNE pOlicies and
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procedures.
Failure to do so shall be grounds for
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dismissal from the Task Force.
Unless expressly
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provided for therein, the policy, rules, procedures,
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and regulations of the parent agency shall apply.
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e.
At no time shall duties performed by Task Force
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agents in the investigation of clandestine labs
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conflict with the BNE and Bureau of Forensic Service
(BFS) Clandestine Laboratory Manual of Instruction and
Procedure.
f.
The DEA and BNE representatives to the Executive Board
will resolve any conflicts that may arise between BNE
and DEA Laboratory Manuals.
3.
The assignment of officers and agents to the Task
16 Force will be a full-time commitment for a period of eighteen
17 (18) months. The BNE agrees to commit one (1) BNE Special Agent
18 Supervisor, four (4) BNE Special Agents, one (1) BNE Auditor and
19 secretarial support to the extent necessary to support
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operational goals of this agreement.
BNE will commit a Special
21 Agent Financial Specialist and an Auditor on an as needed basis.
22 BNE will be responsible for the salaries and overtime of the BNE
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personnel assigned.
Federal funding may be available on a case-
24 by-case basis for payment of overtime and per diem of allied
25 agency personnel when the Organized Crime Drug Enforcement Task
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Force Program (OCDETF) criteria is met.
Until an OCDETF
27 agreement is implemented, overtime and per diem is the
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June 27, 1990
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responsibility of the participating agency.
BNE agrees to
2 support the Task Force with resources on hand, and to continue to
3 share chemical disposal expenses with DEA on an alternating-case
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basis.
ENE further agrees to provide office space, office
5 supplies, telephones, desks, chairs, portable radios, and lab
6 safety equipment.
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4.
ENE and DEA agree to utilize their respective funds in
8 support of the activities of deputies, officers and agents
9 assigned to the Task Force to include funds for the purchase of
10 evidence and information, investigative equipment, training and
11 other support items. DEA will provide a fully equipped Clan Lab
12 truck.
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5.
Participating agencies agree to provide manpower (as
14 outlined), a vehicle sui table for undercover operation and
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associated costs, body armor, and raid jacket.
Further,
16 participating agencies agree to pay, on an annual basis, the
17 costs associated with medical monitoring required by ENE.
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6.
It is the responsibility of each participating agency
19 to ensure that their officer, deputy or agent possesses a valid
20 and current California driver's license, first aid card and CPR
21 card. Each participant must also be proficient and maintain that
22 proficiency in firearms qualification as required by the
23 California Peace Officer Standards and Training Commission or
24 their parent agency.
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7.
The organizational structure and responsibility of
26 those personnel assigned are as follows:
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BNE Special Agent Supervisor.
A.
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A BNE Special Agent Supervisor having experience and
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expertise in Clandestine Laboratory investigations is
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responsible for overall administration and supervision of
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the Inland Empire Clandestine Laboratory Task Force.
The
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Special Agent Supervisor will also be responsible for field
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supervision of those agents, deputies and officers
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assigned, provide direction, guidance, and training in the
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conducting of illicit laboratory investigations,
preparation of BNE investigative reports and further
preparation of those investigations for successful
prosecution, Federal or State.
B.
FOUR (4) BNE SPECIAL AGENTS, ONE (1) DEA SPECIAL
AGENT, ONE (1) CHP OFFICER, ONE (1) RSD DEPUTY, ONE
(1) RPD OFFICER, ONE (1) SBSD DEPUTY, ONE (1) SBPD
OFFICER, ONE (1) OPD OFFICER, and ONE (1) RIALTO PD
OFFICER.
Sworn special agents, deputies and officers assigned
on a full-time basis to perform those investigative duties
necessary, in accordance with applicable agency directives,
to accomplish those enforcement goals of this Inland Empire
Clandestine Laboratory Task Force.
Participation in
investigations other than illicit laboratory investigations
by BNE personnel will require the approval of the BNE SAC.
Participation by other Task Force members on investigations
other than Clandestine Laboratory cases will require
approval from their member agency.
C.
SUPPORT PERSONNEL (PART-TIME, AS NEEDED BASIS): ONE
(1) BNE AUDITOR, ONE (1) DEA DIVERSION INVESTIGATOR,
AND ONE (1) DEA INTELLIGENCE ANALYST will support, on
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1 a part-time, case-by-case basis, the goals of this Task Force in
2 the areas of their individual expertise.
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D.
SECRETARIAL SUPPORT.
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BNE will provide necessary administrative support to
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accomplish the goals of this Inland Empire Clandestine
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Laboratory Task Force.
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8.
Any and all property, equipment, automobiles,
8 furniture, furnishings of whatever kind or description, purchased
9 or acquired with BNE funds shall be the property of BNE and, at
10 the termination of this agreement and with no new agreement
11 reached, shall be delivered to the nearest field office of BNE.
12 This statement does not include seized property (See paragraph
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#13) .
Any and all property, equipment, automobiles, furniture,
14 furnishings of whatever kind or description, purchased or
15 acquired with allied agency funds shall be the property of that
16 allied agency and, at the termination of this agreement and with
17 no new agreement reached, shall be delivered to the nearest
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office of that agency.
Any such property which is damaged,
19 broken, misplaced, lost or stolen, through negligence or wrongful
20 act, shall be repaired or replaced by the agency of the
21 responsible employee, at the determination of the Executive
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22 Board.
9.
The Task Force shall maintain, on a current basis,
24 complete and accurate investigative reports, records, and
25 accounts of all obligations and expenditures of funds under this
26 agreement in accordance with generally acceptable accounting
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27 principles to facilitate on--si te inspection and auditing of such
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records and accounts.
Investigative reporting will be
2 accomplished using ENE format and procedures in accordance with
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existing ENE directives.
It is the additional responsibility of
4 the ENE Special Agent Supervisor to ensure that all participants
5 in the Task Force receive sufficient training to satisfactorily
6 complete the above reporting procedures.
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10. ENE shall permit and have readily available for
8 examination and auditing by DEA or the United States Department
9 of Justice, the Controller General of the United States, or any
10 of their duly authorized agents and representatives, any and all
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11 records, documents, accounts, invoices, receipts and expenditures
relating to DEA funds pursuant to this agreement.
In addition,
13 ENE will maintain all such foregoing reports and records until
14 all audits and examinations are completed and resolved, or for a
15 period of three (3) years after termination of this agreement,
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16 whichever is sooner.
11. All participating agencies will comply with Title VI
18 of the Civil Rights Act of 1954, and all requirements imposed by
19 or pursuant to the regulations of the Department of Justice (CFR,
20 Part 42, Subparts C and D) issued pursuant to Title VI, relating
21 to discrimination on the grounds of race, color, creed, sex, age,
22 sexual preference, or national origin and equal employment
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23 opportunities.
12. The term of this agreement shall be from the date of
25 execution, by ENE, to eighteen (18) months thereafter.
26 Participation in the Task Force may be terminated by any
27 participating agency for good cause shown by notice in writing
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1 given to the other parties thirty (30) days prior thereof. All
2 obligations that are outstanding on the above-prescribed
3 termination date or on the day of any thirty (30) day notice of
4 termination shall be liquidated by BNE within ninety (90) days
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thereof.
In no event shall BNE incur any new obligations during
6 the period of notice of termination.
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13. All assets seized under state or Federal statutes,
8 that result in a return of funds or property, shall be
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distributed according to executive directive.
The following
10 schedule is effective after distributions required by statute to
11 include administrative costs when a Federal forfeiture, and
12 payment to a non-Task Force participating agency, if applicable,
13 is honored.
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BNE 20%
DEA 10%
RSD 10%
RPD 10%
SBPD 10%
SBSD 10%
CHP 10%
OPD 10%
RIALTO PD 10%
TOTAL 100%
20 The above schedule will become effective only after the proceeds
21 of the first $25,225 in seized assets have been received and
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22 distributed as follows:
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RSO
SBSD
RPD
SBPD
25%
25%
25%
25%
100%
TOTAL
$ 6,306
6,306
6,306
$ 6,306
$25,225
This schedule is a one-time commitment and is void upon the
receipt of attainment of the $25,225 figure, at which time the
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1 former schedule takes precedence.
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14. For the purpose of indemnification, each participating
3 agency in the Task Force shall be responsible for the acts of its
4 participating officer(s) and shall incur any liabilities arising
5 out of services and activities of those officers, while
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participating in the team in the line of duty.
Personnel
7 assigned to the Task Force shall be deemed to be continuing under
8 the employment of their jurisdiction and shall have the same
9 powers, duties, privileges, responsibilities and immunities as
10 are conferred upon him/her as an officer in their own
11 jurisdiction.
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15. The term of this agreement shall be from June 1, 1990,
13 to December 31, 1991 (eighteen [18] months). This agreement may
14 be terminated by any of the parties for good cause shown by
15 notice in writing given to the Executive Board thirty (30) days
16 in advance.
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25 / / / /
26 / / / /
27 / / / /
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June 27, 1990
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1
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The parties, by their duly authorized officials, have
2 executed this memorandum of understanding on the respective
3 date(s) indicated below.
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ATTEST:
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J1.-! Ittf/L ~ 1ab, /{tCLt7!it
Cijy Clerk I ;r
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12 Approved as to form
and legal content:
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JAMES F. PENMAN,
City Attorney
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By: ~iA'c' 7 h-,J-vw~-
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June 27, 1990
-:6.
n Charge
Enforcement
e.
?-~ -.90
Date
CITY OF SAN BERNARDINO, a
Municipal CO~ion of the
B~liZia,
W.R. HOI/COMB/ Mayor ;'-~5-'70
11