HomeMy WebLinkAbout18-Mayor's Office
CITY OF SAN BERNARJ)I,NO. ~ST .FOR CO~ ACTION
From: James Ruester, Fine Arts Liaison
ORlz61NA L
Subject: Authorize execution of an
Agreement with the San
Bernardino Symphony
Orchestra for the promotion
of arts and culture.
i>
,.-.-'-"-'" .--..--.-.-.--
Dept: Mayor's Office
Date: November 15, 2004
Synopsis of previous CouncD Action:
October 6, 2003 Mayor and Common CouncD approved $70,000 In Fine Arts Funding
for the San Bernardino Symphony OrchestrL
November 4, 2002 Mayor and Common co..cn approved $70,000 in Fine Arts Funding
for the San Bernardbao Syul,hony OrchestrL
September 17, 2001 Mayor and Common Co.....ilapproved $70,000 In Fine Arts Funding
for the San Bernardino Symphony Orchestra.
Recommended Motion:
Adopt Resolution
~tu.J
. Signature
Contact person:
James Ruester
Phone
5133
Supporting data attached: ves
Ward:
FUNDING REQUIREMENTS: Amount:
$70.000
Source:(Acct. No.) 001-092-5186 - $70.000
(Acct. Description) Fine Arts Funding
Finance:
Council Notes:
If/ij/jj
AgendaitemNo.~
~ ~2.00~ OS,)
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing
the Mayor to execute an Agreement with the San Bernardino Symphony Orchestra for
the promotion of arts and culture.
Background:
The Fine Arts Commission has recommended funding for the San Bernardino
Symphony Orchestra for a number of years. Funding for the San Bernardino Symphony
Orchestra has been included as a budget line item in the General Fund budget since FY
01-02.
The Fine Arts Commission met on September 14, 2004 to determine the Fine Arts
allocation recommendations for FY 200412005. It is anticipated that the Fine Arts
Commission recommendations will be presented to the Council in December 2004.
Fiscal Impact:
Funding in the amount of $70,000.00 was included in the FY 04-05 budget Account
#001-092-5186.
Recommendation:
Adopt Resolution.
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RESOLUTJO!C.~ f\r
RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
MAYOR TO EXECUTE AN AGREEMENT WITH THE SAN
BERNARDINO SYMPHONY ORCHESTRA FOR THE PROMOTION
OF ARTS AND CULTURE.
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 San Bernardino Symphony Orchestra, a copy of which is
attached hereto marked Exhibit "A" and incorporated herein by
reference as fully as though 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 sixty (60) days of the passage of this resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
MAYOR TO EXECUTE AN AGREEMENT WITH THE SAN
BERNARDINO SYMPHONY ORCHESTRA FOR THE PROMOTION
OF ARTS AND CULTURE
I HEREBY CERTIFY that the foregoing Resolution was duly adopted
by the Mayor and Common Council of the City of San Bernardino at a
meeting thereof, held on the _day of
, 2004, by the
following vote, to wit:
Council Members: A YES
NAYS
ABSTAIN ABSENT
ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
City Clerk
The foregoing resolution is hereby approved this
,2004.
day of
Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
By: ~ rlJ,,~,.~
o
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AGREEMENT
4 THIS AGREEMENT is entered into between the CITY OF
SAN BERNARDINO, a municipal corporation, referred to as
5 "City" and the San Bernardino Symphony Orchestra, a non-
profit organization, referred to an "Organization"
6
7 The parties agree as follow:
8
1.
Recitals.
9 A. Organization has requested financial
Assistar.ce from City for fiscal year 2004-05, in order to
10 assist in defraying the expense of certain concerts,
11 shows, festivals, or events of activities sponsored by
Organization. The financial assistance provided for this
12 agreement is made on a one-time only basis, and receipt
of said funds shall not imply a continuing obligation of
13 the City beyond the terms of this Agreement.
14 B. The eXDenditure is for valid municipal public
15 purpose, to wit: for the promotion of art appreciation in
San Bernardino.
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2. Payment. Upon presentation of a claim to the
Mayor's Office, City shall pay to Organization from the
budget for the 2004-05 fiscal year, the total sum of
$70,000.00 dollars, to cover the costs associated with
Paragraph 1.
3. Use of Funds. The funds paid to Organization
shall be used solely for the purposes set forth in
21 Paragraph 1 and in strict compliance with the provisions
set forth in the agreement. No deviation from the
agreement shall be made without the expressed approval of
the City of San Bernardino. Said funds shall be expended
by June 30, 2005, and any unexpended funds shall be
returned to City by Organization.
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4. Accounting. Within 20 days after the
completion of the event, the Organization shall submit to
26 the Mayor's Office, with copy to the Director of Finance,
an accounting of the actual expenditures connected with
27 said event as it relates to the fund which were provided
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN
2 BERNARDINO SYMPHONY ORCHESTRA FOR THE FROMOTION OF THE
3 ARTS AND CULTURE.
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6. Termination. City shall have the right to
terminate this Agreement and any funding remaining unpaid
hereunder for any reason by mailing a ten-day written
notice to Organization and this agreement shall terminate
ten days after the mailing of such notice. In event this
Agreement is terminated for reasons of improper use of
24 funds or use of funds for any purpose other than those
authorized, any unexpended portion of funds provided by
25 City shall be returned to City. In addition, Organization
shall reimburse to City any funds expended which were
26 used for any purpose other than those authorized under
27 this Agreement.
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2 AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO SYMPHONY ORCHESTRA FOR THE PROMOTION OF THE
3 ARTS AND CULTURE.
4 7. Assiqnment. Organization shall not assign
its interest in this Agreement without the prior written
5 approval of City.
6
8. Insurance. Organization shall take out and
7 maintain during the life of this Agreement such public
liability and property damage insurance, naming the City,
8 its departments, agencies, boards, commissions, elected
officials, officers, attorneys, employees and agents as
9 additional insured by Organization and its agents
performing acts covered by this Agreement from claims for
10 property damage for personal injury, including death, as
11 well as from claims for property damage which may arise
from Organization's or its agents' operation hereunder,
12 whether such operations be by Organization or its agent
or by anyone directly or indirectly employed by either
13 Organization or its agents, and the amounts of such
insurance shall be as follows:
14
15 (a) Public Liability Insurance. In an amount not
less that $1,000,000 for injuries, including, but not
16 limited to, death, to any person, and subject to the same
limit for each person, in an amount not less than
17 $100,000 on account of anyone occurrence.
18
(b)
less than
person on
Property Damage Insurance. In an amount not
50,000 for damage to the property of each
account of an occurrence.
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(c) Workers Compensation. Organization shall
provide worker compensation insurance in the amount
required by state law if the funds provided hereunder are
22 to be paid as a salary to any employee of organization.
23 Organization shall provide worker compensation insurance
in the amount required by state law if the funds provided
24 hereunder are to paid as salary to any employee of
Organization. Organization shall require that all rights
25 of subrogation under such policy of workers compensation
insurance shall be waived as to City. City shall be set
26 forth as a additional named insured in each policy of
insurance provide hereunder.
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO SYMPHONY ORCHESTRA FOR THE PROMOTION OF TH~
ARTS AND CULTURE.
(d) The Certificate of Insurance furnished to the
City shall require the insurer to notify the City by ten
(10) days advance written notice of any change or
termination in the policy.
9. Obligation. Organization hereby convenants
that it has taken all actions necessary to make the
adherence to the obligations imposed by this agreement a
binding obligation of the organization.
10. Notices. All notices herein required shall be
in writing and delivered in person or sent by certified
mail, postage prepaid addressed as follows:
12 As to City:
As to Organization:
13 Mayor's Office
City of San Bernardino
14
15
Ann Harris, President
San Bernardino Symphony
Orchestra
1811 N. "0" Street
San Bernardino, CA. 92405
300 North "ON Street
San Bernardino, CA. 92418
16
11. Entire Agreement. This Agreement and any
17 other documents of instruments attached hereto or
referred to herein integrate all terms and conditions
18 mentioned herein or incidental hereto, and supersede all
19 negotiations and prior writing in respect to the subject
matter hereof. In the event of conflict between the terms
conditions or provisions of this Agreement, and any such
document or ~nstrument, the terms and conditions of this
Agreement shall prevail.
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12. Non-Discrimination. Organization agrees that
for the term of this Agreement it shall not discriminate
in employment recruitment, hiring, admission practices,
advertising or in an other manner on the basis of race,
color, creed, religion, national origin, sex, physical
handicap, or marital status.
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SAN
2 BERNARDINO SYMPHONY ORCHESTRA FOR THE PROMOTION OF THE
3 ARTS AND CULTURE.
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11 ATTEST:
Rachel G. Clark, City Clerk
DATED:
CITY OF SAN BERNARDINO
Judith Valles, Mayor
ORGANIZATION
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Exhibit "A"
AGREEMENT
4 7H:S AGREEMENT is entered into between ~he CITY OF
S.ll,.!J 3E:R:JARJINO, a :m..:nicipal corporatior:, referred to as
5 "Ci ty." and t:le San Bernardino Symphony Orchestra, a r:OI~-
6 pro~it organization, referred to an "Organization"
7 The parties agree as follow:
8
1.
Rec.:.'tals.
9 A. Organization has requested financial
Assistance frc~ City for fiscal year 2004-C5, in order to
10 assist in defraying the expense of certain concerts,
11 sho,,:s, festivals, or events of activities sponsored by
Organization. The financial assistance provided for this
12 agreement is made on a one-time only basis, and receipt
or said :unds shall not imply a continuing obligation of
13 the City beyond the terms of this Agreement.
14
9. The expenditure is for valid municipal public
15 purpose, to wit: for the promotion of art appreciation in
Sar, Berr.ardino.
16
2. Payment. Upon presentation of a claim to the
17 Mayor's Office, City shall pay to Organization from the
budget for the 2004-05 fiscal year, the total sum of
18 $70,008.00 dollars, to cover the costs associated with
19 Paragraph 1.
20 3. Use 0= Funds. The funds paid to Organization
shall be used solely for the purposes set forth in
21 Paragraph 1 and in stric~ compliance with the provlsions
set forth in the agreement. No deviation from the
22 agr~ement shall be made without the expressed approval of
23 :he Citj 0: San Bernardino. Said funds shall be expended
by June 30, 2005, and any unexpended funds shall be
24 returned to City by Organization.
4. Accounting. Within 20 days after the
co~pletion of the event, the Organization shall submit to
the Mayor's Office, with copy to the Director of Finance,
an accc~n:ing of the actual expenditures connected with
said event as it rela:es to the fund which were provided
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Exhibit "A"
;:.G?EEr,~:::!-~'T ~.r::
2
':':-'E.: :::E'j"
C? 3A!~ BfRi':ARDINO
A~;;:) THE' S.::'.t,j
BER1~~;::[']O SY~1PE~:\'.'
JRC~~EST~A ~CR 7~iE PROMOT!ON OF :HE
3 J....R':"S f...!J:: :u~~r.;;~.
4 bj/ t:-;e Cit/. :':-...r.c~.::':"(j~ l:ecords shall be rrlai.ntai~leci i:--l
accordance with generally aC2epted acc~unting principles
5 by OrJaniza:i~~ in s~ch ~anner as :0 permit City ~o
6 easIly trace the expenditures of the funds. All bocks and
records of OrganizatIon are to be ~ept open for
7 inspection at a~j t:me during the business day by the
City or its cf~i=ers or agents. Failure to subDit the
8 fi~a~Clel ~ecorjs in accordance with thi~ section ~i~l
result in tne Crgan:zation reimbursing the City,
9
~. iL~~;ci :~aryrl'?ss. 0rganiz,~ t ion covenants and
agrees to a~fe~d i! requested by City, indemnify, and
hold harmless the City, its departments, agencies boards,
commisslo:')s, elected o.:ficials, offi,cers, attorneys,
12 employ~es and agents f=om all liabilities, charges and
ex~ens0~ ~~cl~ding co~nsel fees), suits 0= losses
~curr~ng, or damages arising or growing out of
tr.e ~se or receipt c:: t:::c? f'Jnds paid hereunder and all
cperat~ons und2~ th~s ,~gree~ent. Payments hereunder are
15 made ~i~h t~e understanding that the City is not involved
in the perfor~an~e of services or other activities of
Organlzation. Organization and its employees and agen~s
are independent contractors and are not employees or
agents of the City in performing said services. The
costs, s~:ary and expenses of the City Attorney and
18 _ ~ his office in enforcing this agreement on
banalf of the City stall be considered as "counsel fees"
19
for the purposes of this paragraph.
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6.
Termination. City shall have the right to
this Agreement and any funding remaining unpaid
for any reason by mailing a ten-day written
nrgani73ti0n and t~is agreement shall terminate
,:'_,:r '::,,," :~,"~:"':':-'1::f such notice. In event this
terminate
~ereunder
::ot.ice tc.~
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;:..:..:....ct,.:;;~lent _5 ter::-\~~',':':':':.:i f"]~ '::'(;dSOnS cf i::tprcrer use ,:)f
funds or use of funds :cr 6:'/ !=.:rp::;s'O o'.:.r:er :.:-:"n t'Jose
a~thorized, a~y u~expe~ded rortio~ o~ funds provided tj
City shall be ret.urned to C:ty. In addi~ic~'., ':~qdni::at.icn
shall rei:r,burse to Clt'j c':']' :_::,:15 c:~~'pr.ded ,-,:tich ',,'2re
26 used fo~ any purpo~e other t!lan l1102C i~:~c~ized under
27
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Exhibit "A"
~.G::~.:::sr\1S~:T RE:
2
:'::::~':' OF SA:: E2E~:.ll.p.:m:() ;,.r:D r:-:r: S':-.!J
~~CHE~TRA FOR THE PROMOTION OF T~~~
2ERN~?CINC S~'~F~CI~)'
3 i....~,:....J .;r,:D ':~J::",'I:.}FS.
4
7 . As~ iO:1!1l'?n':.
Organi::a-:ion shall nct assig:l
.Zl.greerne:-it without the prior wr-i::te,:
its
i::u,rest i:1 this
5 approval rf riev.
c
" .
O~ga~izaticn shall take ou~ and
..:. :-1s'...jra!1ct-:;.
I1aintain durin9 the life of ~his Agreement such public
liability and property damage insurance, naming the City,
l~S depa;::-:ments, agencies, boards, commissions, e2.ec:.ed
officials, offi=ers, attorneys, employees and agents as
additional ins~red by Organization and its agents
perfar~ing acts covered by this Agreement from claims for
property damage fer personal injury, including death, as
well as from clai~s for property damage which may arise
from Orga::ization's or its agents' operation hereunder,
wnether such operatlons be by Organizati6n or its agent
or by ar.Y'::1e direct-Iy or indirectly employed by ei':hel'
Crganizat~on or its agents, and the amoun::s of s~ch
i~surance shall be as follows:
fa) Public Liability Insurance. In an amount not
less that $l,OCC,OOO for injuries, including, but not
li.mitej to, c:lCCd.Cf.. to any person, and subject to the same
lirelt for each person, in an amoun: not less than
SlOO,OOG on account of anyone occurrence.
(b")
Prcperty Damage :;:nsUrance. I:: an am:::unt no:.
50,000 for damage to the property of each
account of an occurrence.
le~s
t.""".::I"1
"- ~ 1 ...... . .
person c"
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iC' Workers Compensation. Organization shall
provide worker compensation insurance in the amount
required by state law if the funds provided hereunder are
~o be paid as a salary to any employee of organization.
Orga~~zaticn st~~l provide "worker compensation lnsurance
:n the amount requlred by state law if the funas provlaed
hereunder are to paid as salary to any employee of
Organizatic~. OrganIzation shall require that all rlJ~' s
of subrogatic~ under such policy of workers compensatIon
insurance shall L2 waived as to City. City shall be set
forth as a additional named insured in each policy of
insurance previae hereunder.
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281
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Exhibit "A"
:''\~~?_Sz:.J:..n~ :-.i~:
2
'T ~i E -= I':"';.'
OF SAN SER~;?~:r~J
;'.10 D TEE .s ~:..~ J
3ER>Jp.~~,L:no SYr.l~"'::O:,:Y
CRCHESTRA ~OR THE ?ROMOTION CF :~~E
..., -.........,.....
3 !-.:<-";:'
.z~tJJ CO_::'::-UPc..
4 (d) The Ce~:L.:.:::Cite of Insurance f:Hi.ishe:] to :he
City 5hall req~ire the i~surer to noti~y tile Ci:y b~r ten
5 (~O) days 3d\'an~e wri:t'e~ not~ce of any cha~ge O~
~er~i~aticn in the policy.
6
7 9. Obl~.q5tio~. Orga~ization hereby co~venan~s
th3t it has taKen 0.:1 actions necessary to make the
8 ad~e~ence t~ the obligations imposec by th~s agreement a
tinding obligation of r.he organization.
9
10. Notices. All notices herein required shall be
10 in writing and ce!ivered in person or sent by certified
11 mal~, po~:age prepaid addressed as follows:
12 .;s to City:
As to Organizati0~;
13 ~aV8r's Office
Ann Harris, President
Sdn Bernardir,o Symphony
Orcnestra
181: N. "0" Street
San Bernardino, CA. 92405
City cf Sa~ 3ernardi~o
14
15
16'
300
San
L'.Jorth ":)" Street
Bernar~ino, CA. 92418
11. ['-tire AJreement. This Agreement and any
other dccumen~s of instruments attached hereto or
re~erred to here~n integrate all terms and cond~:ions
mentioned herein or incidental ~ereto, and supersede all
negotiations and prior writing in respect to the subject
matter hereof. In the event of conflict between the terms
conditions or provisions of this Agreement, and any such
document or instrument, the terms and conditions of this
Agreement shall prevail.
12. ~on-Discrimination. Organization agrees that
for the te=m cf this Agreement it shall not discrimi~ate
In employment recruitment, hiring, admission practlces,
advertising or in an other manner on the basis of race,
color, creed, religion, national origin, sex, physical
handlcap, or marital status.
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Exhibit "A"
1;....:;?EE!~:::.t.~'::- ~;:=: :;.-::= C=-="i 0::' SAN E2~I\;a:'.~:Ii',::) Pd\D T1-::~ Sr-.~':
2 I.. - '. . - ~ ~ c. - -. ,~ r' v, . ~ . , '-. - - "' .- ,. -... t" ~ .,., ~ - ~,,~ ~ H - "' - ". ,r ~ T ". . 0 - - .. -
:j.t.K~\.o..l..t'f~l..'.l) ~f..-'j.t'!"L.-'L~l \...-\t'~......n.......~.:.r~r\ ti.-:t". l.~ .:-'.t'\\..Jl.........'l.L..Vi\ = it;.::...
3 .;P~S .~.:-;J C:.J~.;T:";R:::.
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D.lI,TED:
CITY OF S;~N BERN.;R::II~O
Judith Valles, Mayo~
11 ;'.TTEST:
Rachel G. ClaLk, City ClerK
12
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ORGMJI ZATION
16
Approved as to form
17 and legal content:
18
tJames F. ?er:.:ndD
19 CiLY A~to~ney
20
21 By:
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OFFICE OF THE CI1Y CLERK
RAcHEL G. CLABK, CM.C. ~ CrI'Y CI.BItK
300 North "D" Street. San Bernardino. CA 92418-0001
909.384.5002. Fax: 909.384.5158
www.cLsan-bernardino.ca.us
November 17, 2004
Ann Harris, President
San Bernardino Symphony Orchestra
1811 N. D Street
San Bernardino, CA 92405
Dear Ms. Harris,
At the Mayor and Common Council meeting of November 15, 2004, the City of San Bernardino
adopted Resolution 2004-357 - Resolution authorizing the Mayor to execute an agreement with
the San Bernardino Symphony Orchestra for the promotion of arts and culture.
Enclosed is one (1) original agreement. Please sign in the appropriate location and return the
original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San
Bernardino, CA 92402, as soon as possible.
Please be advised that the resolution and agreements will be null and void if not executed
within 60 days, or by January 14, 2005.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely,
IfJtl{~~
Michelle Taylor
Senior Secretary
Enclosure
CITY OF SAN BERNARDlNO
ADOPTED SHARED V~LUBS: Integrity · Accountability · Respect for Human Dignity. Honesty
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
November 22, 2004
TO:
Jim Ruester, Cultura1/Fine Arts and International Affairs Director
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2004-357 - San Bernardino Symphony Orchestra
CC:
Veronica Martinez, Senior Secretary
Attached is a fully executed copy of the agreement with the San Bernardino Symphony
Orchestra for the promotion of arts and culture. The original agreement is on tile in the City
Clerk's Office.
If you have any questions, please call me at ext. 3206.
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 11-' !; -Ol\ Item # I q Resolution #
Vote: Ayes \ -I') Nays Jer Abstain..e-
Change to motion to amend original documents 0 Companion Resolutions
2.004- ~')
Absent ~
NulWoid After: lee days I
Resolution # On Attachments: 0
PUBLISH 0
POST 0
\-I'\-bS
Note on Resolution of attachment stored separately: 0
RECORD W/COUNTY 0 By:
Date Sent to Mayor: I t- \" -0'\
Date of Mayor's Signature: i 1'lb-C6r
Date ofClerklCDC Signature: 11- n-ClL\'
Reso. Log Updated: 8""
Seal Impressed: 0
Date Memo/Letter Sent for Signature: _t l- \"") ~~ Date Returned: J I - Zrz.......o 1 Not Returned: 0
1 It Reminder Letter Sent: 2m Reminder Letter Sent:
Request forCouncil Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes / No
Yes NoL
Yes No L..
Yes No ~/
Yes No_
Copies Distributed to:
Animal Control 0 EDA 0 Information Services 0
City Administrator 0 Facilities 0 Parks & Recreation 0
City Attorney ff Finance Ia"" Police Department 0
Code Compliance 0 Fire Department 0 Public Services 0
Development Services 0 Human Resources 0 Water Department 0
Others:~(}1L 3
Notes:
Ready to File: _ Date:
Revised 12/18/03