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From:
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept:
Date:
Larry R. Pitzer, Fire Chief
Subject: Second reading of ordinance repealing
Chapter 3.72 of the San Bernardino
Municipal Code gJ:. resolution adopting
revised EMS User Fee Program and
authorizing execution of amendment to
agreement with ADPI.
Fire
ORIGINAL
May 10, 2006
MC/C Meeting Date:
May 15, 2006
Synopsis of Previous Council Action:
05/01/06
05/01/06
04/17/06
04/03/06
03/21/06
06/06/05
02/1 7/04
10/18/04
11119/90
The Mayor and Common Council also approved a motion directing staffto revise the EMS User
Fee Program and to bring back the appropriate ordinance and resolution.
The Mayor and Common Council approved 1st reading of an ordinance repealing Chapter 3.72 of
the San Bernardino Municipal Code and Resolution 2006-122 amending resolution number 2005-
147 deleting EMS User Fees and authorizing the Fire Chiefto terminate the billing services
agreement.
The Mayor and Common Council motioned that the item be continued to May 1,2006 meeting.
The Mayor and Common Council voted to eliminate the Emergency Medical Services User Fees.
The Legislative Review Committee discussed the Emergency Medical Service Program user fee
and directed staff to eliminate the fees.
Resolution 2005-147 the new master fee resolution and repeals resolution no. 2004-252.
Resolution 2004-58 repealing resolution no. 90-471 and increasing the fees.
Resolution 2004-333 approving the billing service agreement with Advanced Data Processing
West, Inc. for first responder, paramedic, and,membership program fees.
Resolution 90-471 establishing emergency medical fees to be charged by the Fire Department and
adding Chapter 3.72 to the Municipal Code entitled "User Fees and Medical Services",
authorizing the collection of user fees and membership fees for Fire Department Emergency
Medical Services.
RECOMMENDATION:
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Phone: (909) 384-5286
Contact Person: Larrv R. Pitzer, Fire Chief
Supporting data attached: Staff Report, Resolution, and Agreement
Ward: CitYWide
Amount:
FUNDING REQUIREMENTS:
Source:
(Acct. No.)
Finance:
Council Notes: R eSJ. .:xxx.o- t.j:
Agenda Item No.
STAFF REPORT
SUBJECT
Second reading of ordinance repealing Chapter 3.72 of the San Bernardino Municipal Code or
resolution adopting revised EMS User Fee Program and authorizing execution of a First
Amendment to the billing service agreement between the City of San Bernardino and ADPI
reflecting a change in ADPI's compensation and the collection procedures.
BACKGROUND
On May 1,2006, the Mayor and Common Council approved repealing Chapter 3.72 of the San
Bernardino Municipal Code and amending resolution number 2005-147 deleting the EMS user
fees and authorizing the Fire Chief to terminate the billing services agreement; and had first
reading of an ordinance repealing Chapter 3.72 of the San Bernardino Municipal Code.
Subsequently, Fire recommendations were discussed as an alternative to a complete elimination
of the EMS user fees. The following overview of the proposed restructuring of the EMS User
Fee Program was presented:
I. Reduce the fee from $250 to $200 for advanced life support and basic life support;
2. Exempt residents 65 years of age or older from paying the EMS user fee;
3. Exempt residents that qualify as low-income from paying the EMS user fee;
4. Actively market the annual membership program; and
5. Extend the billing cycle to a minimum of 180 days, and forward unpaid fees to a collection
agency.
The Council then took action to direct staff to revise the EMS User Fee Program.
The proposed resolution implements the program revisions outlined above. Also, upon
contacting ADPI regarding the recommended changes, ADPI informed staff that they could not
continue services under the agreement at the current compensation because they cannot recover
the cost of their services. The current agreement provides that either party may terminate the
agreement with or without cause upon 30 days written notice. In order to continue with the
agreement, ADPI has agreed to accept a $ 17.00 flat fee m account that is forwarded to them for
billing. Even with theses changes in compensation, the City still anticipates an approximate
$300,000 in net revenue to the City. Therefore, staff is also recommending that the Mayor and
Common Council approve the change in ADPI's compensation schedule.
In accordance with that the Council's directive, staffrecommends that the City Council take the
following action:
I. Table the second reading of the ordinance; and
2. Adopt the resolution to restructure the EMS program and authorize the execution of a First
Amendment to the EMS billing service agreement to extend the billing cycle, provide for
collection of unpaid accounts and revised compensation for ADPI.
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FINANCIAL IMPACT
Adopting the First Amendment to the billing services agreement and amending Resolution No.
2005-147 to reflect the new EMS user fees will generate approximately $300,000 in net annual
revenue.
RECOMMENDATION
That said ordinance be tabled; and that said resolution be adopted.
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t(Q)~'r
RESOLl'TION "'0.
RESOLUTIO:\' OF THE MAYOR A"'D CO:\lMOl\" COL'l\"CIL OF THE CITY OF SA'"
BER."'iARDIl\"O AMENDI:\"G THE CITY'S MASTER FEE SCHEDVLE, RESOLl'TIO;\T
NUMBER 2005-147 TO REFLECT THE l\"EW EMERGEl\"CY MEDICAL SERVICES (EMS)
L'SER FEES; AND AUTHORIZING EXECVTION OF A FIRST AMENDMEJI\T TO THE
BILLING SERVICE AGREEMENT BETWEEN THE CITY OF SAN BER."iARDINO AND
ADVANCED DATA PROCESSING Il\T.
BE IT RESOLVED BY THE MAYOR AND COMMON COU:\"CIL OF THE CITY OF
SA:\" BER."'iARDIl\"O AS FOLLOWS:
SECTIO:\" 1. Resolution No. 2005-147, adopted by the Mayor and Common Council on June
6, 2005 establishing a new master fee schedule for city-wide user fees is hereby amended to revise
Part IX: Fire Department, SECTION 7. No other fees established in the previous master fee
resolution, Resolution No. 2005-147, are being modified by this resolution.
SECTIOl\" 2. Part IX: Fire Department, SECTION 7 is hereby rescinded and replaced with
the following new SECTION 7:
"SECTION 7. The following fees and charges shall be collected by the Fire Department for
emergency medical services:
A. User fees:
I. Emergencies requiring Basic Life Support services by paramedics and Emergency Medical
Technicians:
5200.00icall
2. Emergencies requiring Advanced Life Support services by paramedics:
S200.00icall
B. Excmptions to user fees: The following persons are not subject to the above user fees:
I. Residents 65 or older years of age
2. Residents who qualify for the low-income utility tax exemption pursuant to Section
3.44.144 of the Municipal Code
c. Voluntary membership fees: 524.00 per year per household, due on June I of each year
cO\'ers all permanent residents of a household.
D. Delinquency Fees: Delinquent accounts for user fees shall be charged an additional 15%
delinquency fee on the balance due."
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RESOLVTION OF THE :\IAYOR Al\"D CO'\lMON COUl'lCIL OF THE CITY OF SAN
BER."'iARDINO AMENDING RESOLVTION Jl\UMBER 2005-147 TO REFLECT THE NEW
E'\lERGENCY MEDICAL SERVICES (EMS) USER FEES; AND ADOPTI1'\G
AMENDMENT NUMBER ONE TO THE BILLING SERVICE AGREEMENT BETWEEN
THE CITY OF SAN BER.'\"ARDINO AND ADVANCED DATA PROCESSING I;\TC.
SECTION 3. The Mayor or his designee is hereby authorized and directed to execute the
First Amendment to the Services Agreement Between the City of San Bernardino and
Advanced Data Processing, Inc. for billing services to be effective as of May 15, 2006, a copy
of which is attached as Attachment A;
SECTION 4. The authorization to execute the above referenced First Amendment is
rescinded ifit is not issued within sixty (60) days of the passage of this resolution.
SECTION 5. This resolution shall become effective as of May 15, 2006.
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RESOLUTION OF THE MAYOR AND CO:\lMO:\" COL'JI\CIL OF THE CITY OF SA:\"
BERc'\'ARDINO AMENDING RESOLL'TIOJl\ NL'MBER 2005-147 TO REFLECT THE :\"EW
EMERGENCY MEDICAL SERVICES (E~IS) L'SER FEES; Al\"D ADOPTING
AMEl\"DME:\"T l\"lJMBER ONE TO THE BILLING SERVICE AGREEMENT BETWEE:\"
THE CITY OF SAN BER.'\'ARDINO AND ADVANCED DATA PROCESSI:\"G INC.
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
, 2006, by the following vote, to wit:
Council Members:
AYES
NAYS
ABST All\" ABSENT
ESTRADA
BAXTER
:v!cGll\TKIS
DERRY
KELLEY
JOIDiSO"
MCCAi\1:v!ACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
day of
,2006.
PATRICK J. MORRIS, Mayor
City of San Bernardino
",-.
25 Approved as to Form:
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FIRST AMENDMENT
TO SERVICES AGREEMENT BETWEEN
CITY OF SAN BER-1\IARDINO
AND
ADPI WEST, INC.
FOR FIRST RESPONDER, PARAMEDIC MEMBERSHIP PROGRAM AND RELATED
PROFESSIONAL SERVICES
This First Amendment to Services Agreement ("Amendment") is made as of the 15th day
of May, 2007 by and between The City of San Bernardino, a Municipal Corporation of the State
of California, ("CITY"), and ADPI West, Inc. ("CONTRACTOR"), a Delaware corporation with
offices located a 7750 Pardee Lane, Oakland, California 94621, with reference to the following
facts:
A. City and ADPI entered into an Agreement dated October 4, 2004 (the
"Agreement") wherein ADPI agreed to perform certain billing services for first responder and
paramedic fees.
B. City and ADPI have agreed to modify the terms of the Agreement as more
particularly set forth herein.
NOW, THEREFORE, for good and valuable consideration, the parties hereto agree as
follows:
1.
Section 4.03 of the Agreement is hereby amended in part to read as follows:
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'The CONTRACTOR shall be paid by the CITY a monthly amount representing fees
for the services provided as follows:
$17.00 flat fee for each account forwarded by CITY to CONTRACTOR."
The remainder of Section 4.03 shaH remain in full force and effect.
2. A new section 4.08 shall be added to the Agreement to read as follows:
"4.08. Determination of qualification for the low income exemption pursuant to
the CITY's Master Fee Schedule will be handled and approved by the CITY."
3. Section 21 of said Agreement is hereby deleted and is no longer in force or effect.
4. Page 2 of5 of Exhibit B to the Agreement under "Specific Scope Compliance",
no. 6, "Self Pay Cycle" shaH be amended as follows:
"Refer to City Policy
180 days shall be replaced with:
"Return to City for Collection
180 days"
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5. No Amendments. Except as otherwise set forth herein to the contrary, all terms
and provisions of the Sublease shaH remain unamended and in fuH force and effect.
6. Defined Terms. Except as otherwise set forth herein, all defined terms used
herein shall bear the same meaning as set forth in the Sublease.
',.~~.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to
Agreement as of the date first above written.
Date:
PATRICK J. MORRIS, Mayor
City of San Bernardino
ATTEST:
(SEAL)
Rachel Clark, City Clerk
Aproved as to form:
James F. Perunan
City Attorney
By:
. ~ 'V>->
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J ,/,
7 '~t-7~_
-
()
CONTRACTOR:
ADPI West, Inc.
By:
Doug Shamon, President
."'..........
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From:
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept:
Date:
Larry R. Pitzer, Fire Chief
Subject: Resolution amending Resolution No. 2005-
147 deleting EMS user fees; and an
ordinance repealing Chapter 3.72 of the San
Bernardino Municipal Code.
Fire
April 5, 2006
MC/C Meeting Date:
April 17,2006
Synopsis of Previous Council Action:
04/03/06
03/21106
06/06/05
02/17/04
11119/90
The Mayor and Common Council voted to eliminate the Emergency Medical Services User Fees.
The Legislative Review Committee discussed the Emergency Medical Service Program user fee
and directed staff to eliminate the fees.
Resolution 2005-147 the new master fee resolution and repeals resolution no. 2004-252.
Resolution 2004-58 repealing resolution no. 90-471 and increasing the fees.
Resolution 90-471 establishing emergency medical fees to be charged by the Fire Department and
adding Chapter 3.72 to the Municipal Code entitled "User Fees and Medical Services",
authorizing the collection of user fees and membership fees for Fire Department Emergency
Medical Services.
RECOMMENDATION:
1. Adopt resolution, and
2. That said ordinance be laid over for adoption,
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Phone: (909) 384-5286
Contact Person: Larrv R. Pitzer, Fire Chief
Supporting data attached: StaffReoort. Resolution and Ordinance
Ward: Citywide
FUNDING REQUIREMENTS:
Finance:
Council Notes: 9~.# :s2.. I 5)1)0 t
II .-jp~, if /t17 Jp?
:I I I
Amount:
Source:
(Acct. No.)
A,~,. '''m N,. ~;/lO 6
STAFF REPORT
SUBJECT
Resolution amending Resolution No. 2005-147 deleting EMS user fees; and an ordinance
repealing Chapter 3.72 of the San Bernardino Municipal Code.
BACKGROUND
On November 19, 1990, the Mayor and Common Council established emergency medical
fees to be charged by the fire department. Chapter 3.72 authorizes the collection of user
fees and membership fees for Fire Department Emergency Medical Services (EMS).
The Municipal Code allows the City to charge a user fee to recover costs associated with
the delivery of paramedic services for advanced life support and basic life support. The
EMS user fees are currently $250 per call. Also, residents of San Bernardino can
voluntarily subscribe to the membership program that covers the user fee for EMS. The
membership program is designed to assist our city residents with affordable EMS. The
annual membership fees are $24.00 for most residents and $12.00 for low-income
residents. This membership covers all family members residing within the household.
On March 21, 2006, the Legislative Review Committee (LRC) discussed the EMS
program and directed staff to place on the Council agenda LRC's recommendation to
eliminate the EMS user fees.
On April 3, 2006, the Mayor and Common Council voted to eliminate the EMS fees as
recommended by members of the LRC. Following up on that decision, this ordinance
will repeal Chapter 3.72 of the Municipal Code and the resolution amends the applicable
resolution section to eliminate EMS user fees.
On October 4, 2004, the city entered into a three-year billing service agreement with
Advanced Data Processing Inc. (ADPI) for first responder, paramedic, and membership
program fees. Stipulated in the agreement on page 6, paragraph 11 authorizes either party
to terminate this agreement. There is no longer a need for the billing services and the city
is requesting to terminate the agreement and will provide a thirty (30) days written notice
to ADPI.
Fire will continue to provide emergency medical services to the community and the
termination of fees will not affect the services provided to the community.
FINANCIAL IMPACT
Repealing the EMS user fees will result in a loss of $273,500 in annual revenue to the
City's General Fund. The EMS program estimated projections were $260,000 for EMS
user fees, account number 001-000-4880, and $13,500 for EMS membership, account
number 001-000-4342.
RECOMMENDATION
1. Adopt resolution, and
2. That said ordinance be laid over for adoption,
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I
ORDINANCE NO.
2
ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING CHAPTER 3.72 OF THE SAN BERNARDINO MUNICIPAL
CODE.
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WHEREAS, The Mayor and Common Council voted to eliminate the Emergency Medical
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Services User Fees as recommended by members of the City of San Bernardino's Legislative Review
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Committee and directed staff to prepare the requisite documents to amend the applicable ordinance
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and resolution to eliminate said User Fees for consideration by the Mayor and Common Council.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
ORDAIN AS FOLLOWS:
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Section 1. Chapter 3.72 of the San Bernardino Municipal Code is hereby repealed and not
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replaced, but reserved for future use.
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In the event that any provision of this Ordinance, or any part thereof, or any
Section 2.
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application thereof to any person or circumstance, is for any reason held to be unconstitutional or
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otherwise invalid or ineffective by an court of competent jurisdiction on its face or as applied, such
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holding shall not affect the validity of the remaining provisions of this Ordinance, or any part thereof,
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or any application thereof to any person or circumstance or of said provision as applied to any other
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person or circumstance. It is hereby declared to be the legislative intent of the City that this Ordinance
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would have been adopted had such unconstitutional, invalid, or ineffective provision not been included
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ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING CHAPTER 3.72 OF THE SAN BERNARDINO MUNICIPAL
CODE.
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I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a
meeting thereof, held on
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day of
the
, 2006 by the following vote, to wit:
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7 Council Members:
AYES
NAYS
ABSTAIN ABSENT
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ESTRADA
9
BAXTER
10
McGINNIS
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DERRY
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KELLEY
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JOHNSON
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MCCAMMACK
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Rachel G. Clark, City Clerk
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The foregoing ordinance is hereby approved this
,2006.
day of
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PATRICK J. MORRIS, Mayor
City of San Bernardino
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Approved as to form
25 and legal content:
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JAMES F. PENMAN
City Attorney
By: L -:;...f~
()
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RESOLUTION NO.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AMENDING RESOLUTION NUMBER 2005-147 DELETING EMS USER
FEES AND AUTHORIZING THE FIRE CHIEF TO TERMINATE THE BILLING
SERVICES AGREEMENT.
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WHEREAS: On April 3, 2006, the Mayor and Common Council voted to eliminate the
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Emergency Medical Services User Fees as recommended by members of the City of San
Bernardino's Legislative Review Committee and directed staff to prepare the requisite documents to
repeal the applicable ordinance and rescind the applicable resolution to eliminate said User Fees.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
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SECTION 1. That Resolution No. 2005-147, adopted by the Mayor and Common Council on
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June 6, 2005 establishing a new master fee for city-wide user fees is hereby amended to delete Part
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IX, Section 7.
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SECTION 2. That the Mayor and Common Council authorize the Fire Chief to terminate the
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billing services agreement with Advanced Data Processing, Inc. (ADPI) at such time as ADPI has
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closed all pending accounts.
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III
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1
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AMENDING RESOLUTION NUMBER 2005-147 DELETING EMS USER
2 FEES AND AUTHORIZING THE FIRE CHIEF TO TERMINATE THE BILLING
SERVICES AGREEMENT.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
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Common Council ofthe City of San Bernardino at a
meeting thereof, held on
6
, 2006 by the following vote, to wit:
the
day of
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8 Council Members:
ABSTAIN ABSENT
NAYS
AYES
9
ESTRADA
10
BAXTER
11
McGINNIS
12
DERRY
13
KELLEY
14
JOHNSON
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MCCAMMACK
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Rachel G. Clark, City Clerk
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The foregoing resolution is hereby approved this
,2006.
day of
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PATRICKJ. MORRIS, Mayor
City of San Bernardino
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Approved as to form
25 and legal content:
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JAMES F. PENMAN
City Attorney
By: L ~.!?~
o
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