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CITY-OF SAN BERNIODINO - REQUEST FCJ COUNCIL ACTION
From: Pat Malloy, Director of Public Services Subject: Appeal of Board of Building Coomissioners
decision - abatement of weeds on property
Dept: Public Services located on the 2600 Block W. Rialto Avenue
AsE~~sor's parcel nos. 0142 062 06 and
Date: Novenber 3, 1994 0142 062 08
Synopsis of Previous Council action:
7/7/94 - Adopted Order No. 2205
.DMH!. ",F.k'lCF;,
NOV 9< 10: 09
qecommended motion:
'!'hat the aIP""l of Mr. Fair relative to the "'lS'E'--""""lt made by the Board of
Building Coomissicners with regard to the abatement of weeds frcm property
located on the 2600 Block W. Rialto Avenue (parcel nos. 0142 062 06, 0142 062 08)
be denied and decision by the Board of Building Canissioners be upheld.
--)~--,-
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Sign~ture
Antact person:
Pat Malloy
Phone:
384-5140
.upporting data attached:
Staff Report
Ward:
3
:UNDING REQUIREMENTS:
Amount: none
Source: (Acct. No.!
(Acct. DescriPtion)
Finance:
:ouncil Notes:
5-0262
Agenda Item No.
il~
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CITY' OF SAN BERNQDINO - REQUEST A;R COUNCIL ACTION
STAFF REPORT
On July 14, 1994, Mr. Luther Fair submitted a Weed Abatement Appeal to Mayor and Council.
Mr. Fair is appealing weed abatement work performed by a City contractor in March of 1994.
The following is a summary of the Weed Abatement process followed by Public Services staff.
On February 18, 1994, a "Notice to Clean Premises" was mailed to Mr. Luther T. Fair, 2505
Foothill Blvd., San Bernardino, CA 92410, regarding Parcel Nos. 014206206 and 0142 062
08, located on the 2600 block of West Rialto Avenue in San Bernardino. This Notice was given
in accordance to Section 8.27.040 of the San Bernardino Municipal Code. Mr. Fair, through
this Notice, was notified that he must abate his property of Weeds and Grass; tumbleweeds; and
all debris and combustible materials within 10 days of this notice; otherwise it will be removed
and abated by the City of San Bernardino and that the property owner will be assessed the cost
of such removal. Mr. Fair was advised that he had until March 11, 1994 to abate his parcels.
A copy of the Notice To Clean Premises and Notice of Regrowth is attached for Council's
information.
These parcels were inspected for compliance on March 16, 1994. The property owner failed
to comply with the Notice to Clean Premises. It was determined by the Department that the
parcels required discing and hand cleaning of weeds on this property, including parkways and
perimeters.
A work order to abate the weeds from these parcels was issued to the City contractor on March
22, 1994. On March 24 and 31, 1994, discing and hand work were completed. At the tiIDe this
work was completed, photographs were taken of the property prior to and immediately following
each abatement process.
The following costs were recommended to comprise the tax lien on the parcels abated until paid:
PARCELS
DISCING
HAND
WORK
ADMIN
FEES
TOTAL
0142 062 06
0142 062 08
$98.00
$55.65
$140.00
$140.00
$75.00
$75.00
$313.00
$270.65
Based on this information, by a majority vote, the Board of Building Commissioner's upheld the
contractor's charges and waived the $150.00 administrative fees. The Board also ordered that
a lien be placed on the property if the assessment was not paid.
;.0264
CITY OF SAN BERNARDINO
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DEPARTMENT OF Pu~C SERVICES
ABATEMENT SECTIO~
300 North "0" Street
San Bernardino, CA 92418
(909) 384-5045
NOTICE TO CLEAN PREMISES
And NOTICE OF REGROWTH
FAIR, LUTHER T
2505 FOOTHILL
SAN BERNARDINO
BLVD
CA 92410
RE: PARCEL
PROPERTY DESCRIPTION
014206206
W 1/2 SE 1/4 SW 1
/4 NW 1/4 SEC 7 TP IS R 4W E
X E 132 FT AND EX PE R/W AND
i virtue of the weed abat..ent rules and regulations of the City of San Bernardino, San Bernardino Municipal Code Chapter
.27, you are hereby notified to re.oye from your property, which is described abov., any and all of the it.ms described
~low which constitute or may constitute a public nuisance so that the removal thereof is necessary to protect the health
~d safety of the inhabitants of said City:
u
Weeds and Grass
[i]
Tumblew..ds
[i]
All Debris and
Combustible Haterials
c:J Other (S.. below)
)tlc8 Is hereby given pursuant to Section 8.27.040 of the San Bernardino Municipal Code that the Public Services Director
f the City of San Bernardino has deterftined that a nuisance exists on or abutting the property described in this Notice
~ on the parkway thereof. The nuisance consists of one or More of the following: weeds, sagebrush, chaparral, brush, dry
!getation or vegetation which .tt.ins such extensive growth as to become a fire .enace when dry, poison oak or ivy or
th9r plants which are noxious or dangerous, dry grass, stubble, brush, deadwood, dead or diseased trees, dead or dry palm
~onds, fences in disrepair or broken, litter, fla.~able Material which creates a fire hazard, containers, abandoned
sphalt or concrete, rubble or waste Materials. You .ust abate or remove this nuisance within ten (10) days of this
)tic8; otherwise it will be re.oved and abated by the City of San Bernardino, in which case the cost for such removal
ill be assessed upon the property frOM which, or abutting the property from which, said nuisance is removed, and such
,sts wIll constitute a tax lien on such lots or land until paid.
,y person objecting to this deter.ination of a nuisance or to the proposed reMoval and abatement of said nuisance, .ay
Lle a written protest with the City Clerk not later than ten (10) days from the date of this Notice. The City Clerk
1811 transmit such protests promptly to the Board of Building Commissioners of San Bernardino.
l\lce is further given that said protest shall be heard before the Board of Building Commissioners in the Council Chambers
: City Hall, 300 North "D" street, San Bernardino, California, on the first Friday of the next month after the date of
lis notice at 9:00 in the morning. If. timely protest has been filed, you or your agent .ay appear at said hearing and
) heard and .ay present and hear evidence concerning the proposed abat..ent.
,. Public Services Director has also determined that the property described in this Notice supportsthe growth of weeds,
lad or dry paIn fronds and dry grass which are seasonal and recurrent nuisances that must also be removed and abated
Jreafter from time to time. Notice of regrowth of this nuisance during this calendar year will be giyen without
rrther hearing. Failure to abate such recurringconditions will result in the City abating such nuisance, in which case
Ie cost of such removal shall constitute a tax lien upon the property described in this Notice until paid. The
ficient and econ~mica1 control of such seasonal and recurrent nuisances nay require preventative chenical control
such weeds, weed seeds, and weed seedlings, and the City nay require preyent.tiye chenical control of such nuisances.
] If checked her., then the following Notice of Regrowth applies instead:
"Notice to Clean Pre.ises.', as st.ted above, was previously nailed to you, declaring a nuisance on the aboye property.
,at Notice, which required removal or abatement of such nuisance, also declared that substantial regrowth must be abated.
,e aboye property was recently inspected, and the removal of any or all of the following it.ms 1s required at this t1me:
]
Weeds and Grass
o
TUllb1eweeds
o
other
u ar. hereby urged to perform the abatement work indicated within ten (10) days from the date of this Notice. If the
operty is not cleaned and the nuisance abated within this ti.e, the City will have the work don. to abate the nuisanc.
d will assess the costs thereof as . tax lien against the property. No hearings are conducted on Notices of Regrowth.
aATEMENT COORDINATOR
,EPARTMENT OF PUBLIC SERVICES
9091 384-5045
ABATEMENT MUST BE COMPLETED
WITHIN TEN DAYS OF TNE DATE BELOW,
DATE: 03-01-94
CITY OF SAN BERNARDINO
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DEPARTMENT OF PU:~C SERVICES
ABATEMENT SECTIOlil-'
300 North "0" Street
San Bernardino, CA 92418
(909) 384-5045
NOTICE TO CLEAN PREMISES
And NOTICE OF REGROWTH
FAIR, LUTHER T
2505 FOOTHILL
SAN BERNARDINO
BLVD
CA 92410
RE: PARCEL
PROPERTY DESCRIPTION
014206208
COM AT INTERSECT I
ON E LI SW 1/4 SW
SEC 7 TP IS R 4W
1/4 NW 1/4
AND S LI P
. virtue of the weed abatement rules and regulations of the City of San Bernardino, San Bernardino Municipal Code Chapter
27, you are hereby notified to r.moye frOM your property, which is described abov., any and all of the items described
-low which constitute or may constitute a public nuisance so that the re.oval thereof Is necessary to protect the health
,d safety of the inhabitants of said City:
J
Weeds and Grass
[i]
Tumbleweeds
[i]
All Debris and
Combustible Materials
c=J Other (S.. below)
-tics Is hereby given pursuant to Section 8.27.040 of the San Bernardino Municipal Code that the Public Services Director
the City of San Bernardino has determined that a nuisance exists on or abutting the property described in this Notice
on the parkway thereof. The nuisance consists of one or more of the following: weeds, sagebrush, chaparral, brush, dry
.getation or vegetation which attains such extensiva growth as to becone a fire nenace when dry, poison oak or ivy or
her plants which are noxious or dangerous, dry grass, stubble, brush, deadwood, dead or diseased trees, dead or dry palm
'onds, fences in disrepair or broken, litter, flammable naterial which creates a fire hazard, containers, abandoned
;phalt or concrete, rubble or waste ..tarials. You .ust abate or remove this nuisance within ten (10) days of this
,tice; otherwIse It wIll be removed and abated by the City of San Bernardino, In which case the cost for such removal
11 be assessed upon the property frOM which, or abutting the property fron which, said nuisance is removed, and such
'Sts will constitute a tax lien on such lots or land until paid.
y person objecting to this deterainatlon of . nuisance or to the proposed renoval and abat...nt of said nuIsance, may
le a written protest with the City Clerk not later than ten (10) days from the date of this Notice. The City Clerk
311 transmit such protests promptly to the Board of Building Co..issioners of San Bernardino.
tic8 is further given that said protest shall be heard before the Board of Building Co.nissioners in the Council Chambers
City Hall, 300 North "Du street, San Bernardino, California, on the first Friday of the next month after the date of
i~ notice at 9:00 in the norning. If a timely protest has been flIed, you or your agent .ay appear at said hearing and
heard and n.y present and hear evidence concerning the proposed abate.ent.
. Public Services Director has also deterained that the property described in this Notice supportsthe growth of weeds,
ad or dry paIn fronds and dry grass which are seasonal and recurrent nuisances that aust also be renoved and abated
reafter fro. time to time. Notice of regrowth of this nuisance during this calendar year will be given without
rther hearing. Failure to abate such recurringconditions will result in the City abating such nuisance, in which case
e cost of such removal shall constitute a tax lien upon the property described in this Notice until paid. The
ficient and economical control of such seasonal and recurrent nuisances .ay require preventative che.ical control
such we.ds, weed seeds, and weed seedlings, and the City ..y require preventative chemical control of such nuisances.
If checked her., then the following Notice of Regrowth applies instead:
'.Notice to Clean Premises.', as stated above, was previously ..iled to you, declaring a nuisance on the above property.
at Notic., which required re.oval or ebatement of such nuisance, also declared that substantial regrowth must be abated.
e above property was recently inspected, and the removal of any or .11 of the following items is required at this time:
Weeds and Grass
o
T\mblewe.ds
o
other
u are hereby urged to perfor. the abat.ment work indicated within ten (10) days froa the date of this Notice. If the
~p.rty is not cleaned and the nuisance abated within this ti.e, the City will have the work done to abate the nuisance
~ wIll assess the costs thereof as a tax lien 8gainst the property. No hearings are conducted on Notices of Regrowth.
BATEnENT COORDINATOR
EPARTnENT OF PUBLIC SERVICES
9091 384-5045
ABATEnENT nUST BE COnPLETED
WITHIN TEN DAYS OF THE DATE BELOW:
DATE: 03-01-94
e
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INVOICE
C ""OM ~
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CITY OF SAN BERNARDINO
'~, FINANCE DEPA~TMENT ,
300 NORTH ~'D" STREET. SAN BERNARDINO, CALIFORNIA 92418
N!' W2I8.5
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, ,,001,0011-41815
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ACCOUNT ~
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RECEIVED
MAY 1 6 1994
PUBLIC SERVICES
San BennandLno, Ca.
lliaff /2, /994
ULnecton 0/ ~ubLLC SenVLce4
300 N. "U" Stneet
San BennandLno, Ca.
.'Re/. InvoLce # 22865
CientLemen:
A4 ownen 0/ f.nopentif on ~LaLto Ave. ( panceL # 0/42-062-06
and # 0/42-062-08 ).
I WL4h to pnote4t the exce44Lve weed abatement and hand wonk
chan~e4 a~aLn4t 4aLd pnopentff'
I heneb!f, ne?U44t a heanLn~ be/one the boand 0/ BULLdLn~
CommL44Lonen4 at San BennandLno CLtv HaLL pune 6,/994.
~e4pectLveLv Youn4
~~4d?i- ~-zLi
Luthen FaLn
2505 W. FoothLLL BLvd. Sp. #/0/
San BennandLno, Ca. 924/0
.....-.
.....;
300 NORTH "0" STREET, SAN BERNARDINO, CALIFORNIA 9241B
July 8, 1994
Mr. Luther T. Fair
2505 Foothill Blvd.
San Bernardino, CA 92410
Re: Parcel Nos. 0142 062 06, 0142 062 08
Weed Abatement Protest
Dear Mr. Fair:
Your protest of weed abatement charges for the above parcels billed
on Invoice W22865 was presented to the Board of Building Commission
at their July 7, 1994 meeting.
Your protest was denied, but an adjustment of $150.00 was given.
You will have fifteen (15) days, or until August 2, 1994 to appeal
to the Mayor and Common Council by filing with the City Clerk a
written statement of the order appealed from, the specific ground
of appeal and the relief or action sought from the Common Council
pursuant to the San Bernardino Municipal Code.
'~~7
Pat Malloy
Director of Public Services
OF SAN
2205,.....
-..J
ORDER OF THE BOARD OF BUILDING COMMISSIONERS OF THE CITY
BERNARDINO ASSESSING COSTS OF ABATEMENT OF PUBLIC NUISANCE
,...",
'-'
ORDER NO.
1
2
3
4 8, Chapter 8.27, the Director of Public Services of the City of San l
5
6
7
8
WHEREAS, pursuant to San Bernardino Municipal Code, Title
Bernardino
has given notice
of and thereafter abated a public
nuisance found to exist on the properties described in Exhibit "A"
attached to and hereby incorporated in this order; and
WHEREAS, pursuant to San Bernardino Municipal Code, the
9 Director of Public Services served notice to all property owners
10 listed in Exhibit "A", of the hearing before the Board of Building
11 commissioners of the City of San Bernardino relating to abatement ,
12 costs to be assessed the owners and their right to appear at said
13 hearing and protest the assessments; and
WHEREAS, every property owner against whom an assessment
14
15
16 the Board of Building Commissioners heretofore;
17
18
as been proposed has been afforded an opportunity to be heard by
NO\~, THEREfORE, THE BOARD OF eUILDING COMMISSIONERS OF THE
CITY OF SAN BERNARDINO ORDERS THE FOLLOWING:
19
20
21
22
23
24
25
26
27
28
1. Based upon the evidence submitted by the Director of
Public Services or his representative, it is found and determined
that the properties described in Exhibit "A", constituted a public
nuisance which had to be abated by the City at the costs stated in
Exhibit "A".
2. These costs should be assessed in the amounts set
forth in Exhibit "A" against the respective properties and may be
07/07/94
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1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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made a personal obligation of the property owner by commencement 0
court proceedings against the owner.
3. Any person aggrieved by this order may appeal to th
Common Council by filing with the City Clerk a written statement 0
the order appealed from, the specific ground of appeal and th
relief or action sought from the Common Council pursuant to the Sa
Bernardino Municipal Code.
I HEREBY CERTIFY THAT THE FOREGOING ORDER WAS DULY ADOPTE
BY THE Board of Building commissioners of the city of San Bernardin
at a regular
meeting thereof, held on the 7th day of July
1994, by the following vote, to wit:
AYES:
commissioners Enciso, Thraser, Suarez,
Pollock, Gonzales, Cash
NAYS:
ABSENT:
Flores, Savala, Hendrix
LERK,BOARD OF BUILDING COMMISSIONERS
The foregoing order is hereby approved this 7th day,
July , 1994.
OF BUILDING COMMISSIONERS
Approved as to form
and legal content:
JAMES F. PENMAN,
25 city Attorney
: By' Ik;;~.
07/07/94
28
-2-
- 0142 062 06
0142 062 08
0144 081 33
0144 123 46
0144 161 22
0280 181 04
0280 181 23
0280 181 28
0280 181 34
0280 181 35
0280 181 40
0280 191 07
0280 191 08
0280 192 04
0280 201 13
0141 352 15
0141 352 16
0141 352 17
CEED ABATEMENT ASSESSMENT~
EXHIBIT "A" ...,I
Fair, Luther T.
2505 Foothill Blvd.
San Bernardino, CA 92410
Fair, Luther T.
CANCEL
Campos, Joe P.
163 Julia
San Bernardino, CA 92408
Lacy, otis
615 E. Foothill Blvd.
San Dimas, CA 91773
SSLM Ventures, Inc.
100 W. Broadway Street
Long Beach, CA 90802
Valley View Investment Assoc.
16529 Otsego Street
Encino, CA 91436
Valley View Investment Assoc.
Valley View Investment Assoc.
Valley View Investment Assoc.
Valley View Investment Assoc.
Valley View Investment Assoc.
Gonzalez, Carlos S.
6856 Oleander Avenue
Fontana, CA 92336
Williams, Robert L.
3180 Industrial Drive
Riverside, CA 92506
Hill, Jack
1033 W. loth Street
San Bernardino, CA 92411
Hicks, will
230 E. Bryant Street
San Bernardino, CA 92408
Sarkaria, Daljit
PO Box 5986
Orange, CA 92613
Sarkaria, Daljit
sarkaria, Daljit
W22865
W22865
W22897
W22900
W22901
W22905
W22907
W22907
W22907
W22907
W22907
W22907
W22909
W22910
W22913
W22914
W22915
W22915
W22915
257.50
215. 15
129.50
229.50
199.50
669.20
639.10
129.50
164.50
129.50
129.50
304.50
304.50
234.50
444.50
199.50
199.50
199.50
_______________~______FOR OFFICE USE
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ONLy~--------------------
D~artments Receivinq Copies:
;1'l,r/::,::d~~:JI/:~<'
Date/Time Stamp:
RECEIVED-CI1'( CLER~
'94 .ll. 19 Pl :15
ori2nal to:
~j) n ffJ~rJ;,1/)
payment Information:
Account 001-000-41304
----------------------------------------------------------
CI'l'Y OF SA1f BBRRARDINO
NOTICE OF APPEAL
/
**********************IHPORTART IRFORHATIOR*********************
PURSuur.r 'l'O RESOLUTION RO. 90-375 THERE IS AN APPEAL !'BE OF
$75.00 FOR ALL BUILDING, WEED AND VEHICLE ABATEHERT APPEALS DDB
'l'O THE CnMVnu COUNCIL. PURS1JART 'l'O RESOLUTIOR RO. 89-471 TBBRB IS
AN APPEAL !'BE OF $110.00 FOR ALL PLARRING APPEALS DDB 'l'O THE
COIIKOR COORCIL PURSUART 'l'O RESOLUTIOR NO. 90-458 THERE IS A
PROCESSING !'BE OF $75.00 FOR ANY REQUESTS 'l'O COR'.rIRUE AN APPEAL
OR ()-J:1U5K ITD OR THE AGENDA OF THE KAYOR AND CO-n1f COORCIL.
ORDlRARCB RO. 765 REQUIRES THAT ANY REQUESTS FOR COR'.rIIIUAIICB BE
SUBIIJ:TTBD 'l'O THE CI'l'Y CLBRlt PRIOR 'l'O THE ITD BEING R1ZIUQ) AND
EST BE ACCOIIPANIED BY THE PROCESSING FEE. ORDDtARCB RO. 765
FURTHER STATES THAT THE GRAlITIRG OF A CQRTDlUARCB mDT.T. BE
SUBJBCT 'l'O COIIPLETE l)ISCRftIOR OF THE KAYOR AND CnMVn1f CODJICIL.
(P1lUUling appeal f_s paid in the PlaJ'lning Dept. All other f_s
paid in City Clerk's Office).
***..*******..****************..*********************.***.****.*
Name of Appellant:
Please Comnlete paaes One. Two and Three
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Appeal Filinq Date:
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Address of Appellant:
Contact Person
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Contact Person Address:
home number:
19'-4 (
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Contact Person
Phone Number:
work number:
1
Notice of AppeaQorm
Page Two
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Affected Property: -;4'h'/:{., -# r1/f/-:2..-tJpt-;(J~ '1 tP-f"
,m.e of Appeal (please check one of the following):
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Planning Appeal to Mayor and Council
Building Abatement Appeal to Mayor and Council
Weed Abatement Appeal to Mayor and Council
Vehicle Abatement Appeal to Mayor and Council
Appeal to Board of Building Commissioners
Other Types of Appeals:
A VALID APPEAL EST INCLUDE THE POLLOWI:NG IHPOlUIATIOR (II.C.
2.64)1
I. State the specific action appealed and the date of that
action:
@
II. State
specific grounds
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Notice of Appeal. Form
paqe Three
III. State the action(s) sought from the Common Council
~committee or Commission):
\ ~h:l.:;;g? all///n2 ,0.if/:;Lq"~?::-' - ,r~f-'//' Z'
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Signature of Appellant:
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. CITY OF SAN BERNARDINO
MISCELLANEOUS CASH RECEIPT
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CITY O~
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C L E R K
San Bernardino ~~
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RACHEL
CLARK
November 17, 1994
Mr. Luther Fair
2505 West Foothill Boulevard, Space #101
San Bernardino, CA 92410
Dear Mr. Fair:
Please be advised that your appeal of the Board of Building Commissioners decision relating to
weed abatement charges for your property located in the 2600 block of West Rialto Avenue has
been scheduled to be heard at the Mayor and Common Council meeting of November 21, 1994.
Your appeal is Item #22, and is scheduled to be heard at 10:00 a.m. or sometime thereafter.
The Mayor and Common Council meeting is held in the Council Chambers on the fIrst floor of
City Hall.
This letter is being sent because my staff has been unable to reach you by phone. Should you
have any question on this matter please do not hesitate to contact my office at 384-5002, our
office opens at 7:30 a.m.
Sincerely,
~:::k~
City Clerk
RC:mav
CC: Pat Malloy, Director of Public Services
POST OFFICE BOX la11. SAN BERNARDINO.
CALIFORNIA 12402
PRIDE -I
....!N PRO~ESS
~' ~~
300 NORTH '0 STREET, SAN BERNARDINO.
CALIFORNIA 92418-0001 (1.1)384-5002
("1)384..1102 FAX~('D.)a'4.14"