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RESOLUTION NO. 1.3~?(.:{
A RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A SECOND AMENDMENT
TO THE JOINT EXERCISE OF POWERS AGREEMENT ESTABLISHING THE ARROWHEAD JUSTICE
ASSOCIATION AND CHANGING THE FORMAL DESIGNATION TO THE SAN BERNARDINO COUNTY
CRIMINAL JUSTICE AND DELINQUENCY PREVENTION PLANNING DISTRICT.
WHEREAS, the City, upon the adoption of Resolution No. 13224, subse-
quently amended by Resolution No. 13333, became a member of the Arrowhead
Justice Association, a Joint Powers Authority established for the purpose
of effecting better planning and coordination of criminal and juvenile justice
in the county; and
WHEREAS, the State Office of Criminal Justice Planning (O.C.J,P.) has
subsequently required certain modifications to be made in the overall structure
of the organization and certain other revisions have been made, including a
change in the designation of the organization from the Arrowhead Justice
Association to the San Bernardino County Criminal Justice and Delinquency
Prevention Planning District; and
WHEREAS, the revisions proposed in the Second Amendment do not represent
a substantive change in the structure or purpose of the organization;
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 a Second Amendment to the
Joint Exercise of Powers Agreement Establishing the Arrowhead Justice Associa-
tion, changing the designation of said Association to San Bernardino County
Criminal Justice and Delinquency Prevention Planning District and effecting
certain other modifications, a copy of which amendment is attached hereto,
marked Exhibit "A" and incorporated herein by reference as fully as though
set forth at length.
I HEREBY CERTIFY that the foregoing resolution was: duly adopted by the
Mayor and Common Council of the City of San Bernardino at a ~a~~/t?7,~
,
11111 II
1 I~ thereof, held on the & day of .d~v
2 Ii by the followin9 vote, to wit:
3 Ii AYES: Councilmen ~",-.t.:,/.~ 'ilJL;d, ~~
~~:;~~"i"..;,
ABSENT: zf~--,,--, ~P'
, 1978,
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FILED
SEP 1 3 1978
lUCI1h' GO~ORTH. City Clerk
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9/5/78
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SECONfi N1ENDMENT TO
JOINT EXERCISE OF POWERS AGREEMENT
ESTABLISHING THE ARROWHEAD JUSTICE ASSOCIATION
THIS AGREEMENT, dated for convenience as of the 1st
day of October, 1978, by and between the County of San Bernardino,
a political subdivision of the State of California, hereinafter
referred to as COUNTY, and the City of Adelanto, a municipal
corporation, the City of Barstow, a municipal corporation, the
City of Chino, a municipal corporation, the City of Colton, a
municipal corporation, the City of Fontana, a municipal corporatio ,
the City of Lorna Linda, a municipal corporation, the City of
Montclair, a municipal corporation, the City of Needles, a
charter city, the City of Ontario, a municipal corporation, the
City of Rancho Cucamonga, a municipal corporation, the City of
Redlands, a municipal corporation, the City of Rialto, a
municipal corporation, the City of San Bernardino, a charter
city, the City of Upland, a municipal corporation, and the City
of Victorville, a municipal corporation, hereinafter referred to
as CITIES, hereby amends the Joint PO\~ers Agreement establishing
the Arrowhead Justice Association dated for convenience the
1st day of October 1977.
WIT NE SSE T H:
WHEREAS, the County and Cities recognize that compre-
hensive planning for the efficient use of criminal justice and
ju~enile justice and delinquency prevention resources requires
'a permanent coordinating effort on the part of local goverrunents
and 10cal criminal justice and juvenile justice agencies, and
WHEREAS, the County and Cities recognize that it is
desireable to coordinate local criminal justice and juvenile
justice activities, and planning for the use of State and
Federal funds made available through any grant program, and comply
,~ith the provisions of the Federal Statutes as' amended; and
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\'1HEREAS, each party to this agreement is a public
agency and is authorized to enter into this agreement; and
\VHEREAS, each party to this agreement deems it necessary
to develop a separate public entity by a joint exercise of powers
agreement to devise an organizational and administrative structure
for the purpose of creating the Regional Criminal Justice Planning
District for the operation of a County-wide criminal justice
and juvenile justice planning and coordinating system, encompass in
the geographic territory of the parties to the agreement, and
to secure approval from the California Council on Criminal Justice
hereinafter referred to as C.C.C.J.; and
\VHEREAS, Section 13902 of the California Penal Code
provides that:
"Each County placed within a single county planning
district may constitute a planning district upon execution of a
joint powers agreement or arrangement acceptable to the county
and to at least that one-half of the cities in the district which
contain at least one-half of the population of the district.
Counties placed with a multicounty planning district may con-
stitute a planning district upon execution of a joint powers
agreement or other arrangement acceptable to the participating
counties and to at least that one-half of the cities in such
district which contain at least one-half of the population of
such district. If no combination of one-half of the cities of a
27 district contains at least one-half of the population of the
28 district, then agreement of any half of the cities in such
,29 pistrict is sufficient to enable execution of joint powers
30 agreements or other acceptable arrangements for constituting
31 planning districts"; and
32
33 lVHEREAS, in the interest of time, the parties hereto
34 intend to make this agreement effective upon its execution by
35 the County and at least that one-half of the cities in the
, 36 proposed district which contain at least one-naIf of the
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population of the County, while being nevertheless desirous of
having all the Cities within the County become signatories to
this agreement; and
WHEREAS, the County and Cities have the power, under
the provisions of Article I, Chapter V, Division VII of Title I
of the California Government Code, commencing at Section 6500,
to enter into and carry out the terms and conditions of this
Joint Powers Agreement; and
WHEREAS, there presently exists a Joint Exercise of
powers Agreement, dated for convenience as of the 1st day of
October, 1977, by and between the County and the fifteen Cities
within the County, created for the purpose of providing a
method by which the County and the Cities could participate in
the mini-block program, as provided by Section 303 (a) (4) of the
Omnibus Crime Control and Safe Streets Act of 1968, as amended;
NOW THEREFORE, the County and Cities for and in con-,
sideration of the mutual promises and agreement herein contained,
do agree as follows:
Section 1. Effective Date.
This agreement shall become binding upon each party
hereto upon execution hereof by that party.
Joint Exercise of Powers Agreement Number.78-256,
dated October 1, 1977, is hereby amended effective upon the date
of the execution of this agreement by the County and that one-half
of-the Cities which contain one-half of the population of the
district. Upon amendment of Joint Powers Agreement Number 78-256
all actions heretofore taken by said Committee from October 1, 197
to the date of its amendment are deemed as being valid and in
effect by each party to this agreement and are not nullified
by said agreement.
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II
Section 2. Purpose of Agreem~.
The purpose of this ag=eement is to improve and
coordinate comprehensive crirninal and juvenile justice planning
and to improve the operations of the criminal justice and
juvenile justice system within San Bernardino county through
the establishment of a new and separate criminal justice and
delinquency prevention planning district. This district shall
be referred to as the San Bernardino County Criminal Justice and'
Delinquency Prevention Planning District, and shall be assigned
by the C.C.C.J. an identifying letter of the alphabet for its
designation as a planning district. Said district shall be
commonly referred to as the Arrowhead Justice Association.
Section 3. Non-waiver.
The County of San Bernardino and the Cities which are
parties to this agreement do not, by the approval of this agreemen ,
waive, assign, or otherwise forego any right to any funds, grants,
entitlements from the Federal or State Government or other sources
to which they are otherwise entitled under law.
Section 4. Creation of the District.
Pursuant to section 13902 of the ~enal Code, State of
California, and Article I, Chapter V, Division VII of Title I
of the California Government Code, commencing at Section 6500,
there is hereby created a new and separate criminal justice and
delinquency prevention planning district and a new public entity
to be known as the San Bernardino County Criminal' Justice and
Delinquency Prevention Planning District. Said District shall
be a public entity separate and apart from the Cities and County
which are parties to the agreement. The debts, liabilities,
and obligations of the District shall not constitute debts,
liabilities or obligations of either the Cities or County.
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Section 5. Establishment of a Local Board.
A 10cal criminal justice and delinquency prevention
planning board shall be established pursuant to Title 6.5 section
13903 et seq. of the California penal Code,' and shall be reference
to as the San Bernardino County Criminal Justice and Delinquency
Prevention Planning Board hereafter referred to as the "Board".
The Board shall be recognized as the regional planning,
coordinating, and supervisory body for the San Bernardino County
Criminal Justice and Delinquency Prevention Planning District.
A. Membership; Standards of Composition.
The Board shall consist of 30 members and shall
be comprised of a majority of local elected officials and shal1
be representative of the law enforcement and criminal justice
agencies including agencies directly related to the prevention
and control of juvenile delinquency, units of general local
government, and public agencies maintaining programs to reduce
and control crime, and shall include'representatives of citizens,
professional, and community organizations including organizations
directly related to delinquency prevention, representing a broad
range of community interests and viewpoints; and shall be balanced
in terms of racial, sexual, age, economic and geographic factors;
representatives of the public shall comprise at least one-fifth
of the membership and shal1 be representatives of citizens,
professional, and community organizations, including organizations
directly related to delinquency prevention. In no case shall a
city be represented by more than one member.
B. Members; Number of Positions; Alternates;
Appointing Authority.
Board of Supervisors - one position - Board of
Supervisors appointment.
Chairman or Commissioner, Juvenile Justice
Delinquency Prevention Commission - one position - Juvenile Justic
and Delinquency Prevention Commission appoin~ent.
Chief of Police - seven positions - City Selection
Committee appointment.
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1 Chief Probation Officer - Automatic appointment.
2 City Councilperscn - six positions - City Selection
3 Conuni t tee appointment.
4 County Administrative Officer - Automatic appointrne t
5 County Superintendent of Schools - Automatic
6 appointment
District Attorney -
Justice Court Judge
Automatic appointment.
one position - Board
of
Supervisors appointment.
Mayor - two positions
City Selection Committee
appointment.
MUnicipal Court Judge - one position - Municipal
Court appointment. ,
Person from the private sector -one position-
Board of Supervisors appointment.
Person involved in'drug abuse control or prevention
one position - Board of Supervisors appointment~
Person representing the field of education - one
position - Board of Supervisors appointment.
Public Defender - Automatic appointment.
Representative of Public/Mental Health - Board of
Supervisors appointment.
Sheriff - Automatic appointment.
Superior Court Judge - one position Superior
Court appointment.
The appointing authority may designate an alternate
for each member.
Each elected member shal1 serve for the period
'of his elected term. Each nonelected member of the Board shall
serve until such time as the appointing authorit~ removes said
member and appoints another individual to serve as a member.
C. Meetings.
1. The Board shall provide for its regular meetin s
The date, time, and place of holding of the regular meeting shall
be fixed by the Board.
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2. All meetings of the Board shall be cal1ed,
noticed and held and conducted in accordance with the provisions
,of the Ralph M. Brown Act, cov.mencing with Section 54950 of the
Government Code.
3. The Planning Director, or a person designated
by the Planning Director, shal1 cause to be kept minutes of all
meetings of the Board and shall, as soon as possible after each
meeting, cause a copy of the minutes to be forwarded to each
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member of the Board.
4. A majority of the Board shal1 constitute a
quorum for the transaction of business except that less than a
quorum may adjourn from time to time.
D. Officers.
The Board shall select a chairman and vice chairman
The Secretary of the Board shall be the Planning Director, or his
designee. The treasurer of the District shall be the Treasurer
of the County of San Bernardino, to be the depository and have
custody of all money of the District from whatever sources.
The auditor-controller of the District shall be the Auditor-
Controller of the County of San Bernardino, who shall draw all
warrants to pay'demands against the District approved by the
Board. The attorney for the District shall be the County Counsel
of the County of San Bernardino or his duly authorized Deputy.
Public officers or persons who have charge of or who handle
or have access of any property of the District shall file ~n
official bond in the amount fixed by law. The District shall
have power to appoint and employ such other officers, employees,
consultants, advisors, and independent contradtors as may be
deemed necessarx.
E. Reimbursement of Costs.
It is anticipated by the parties that the District
shall make application for Federal funds and will receive income
from other sources, and in the event that the :District engages
in the activities described herein, the Di5tr~ct shall reimburse
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the County of San Bernardino to the extent authorized by law,
for services of the AUditor-Controller, Treasurer and Attorney,
,at the reasonable costs of providing the aforesaid services.
F. Funds~
The Treasurer of the County shall maintain in a
separate trust account funds received by the Board.
It shall be the responsibility of the Planning
Director to prepare an annual working budget to be submitted to
the Board for its consideration and such other duties as the
Board may direct.
Section 6. "PO\vexs' 'to be Exe'rcised by the Board.
The powers to be exercised by the Board shal1 be as
follows:
A. Coordinate local criminal justice and juvenile
justice planning ~ctivities within San Bernardino County.
B. Plan 'and budget for the use of Federal and State
funds made available through the Crime Control Act of 1973
(Public Law 93-83) and amendments thereto, the Juvenile Justice
and Delinquency Prevention Act of 1974 (Public Law 93-415) and
amendments thereto, and any other grant programs which may affect
the criminal justice or juvenile justice systems.
C. Apply for, receive, and disburse Federal, State
or other funds, and serve as a conduit for applications for
Federal and State criminal justice and juvenile justice funds
and evaluate the programs which receive such funds.
D. ,Develop comprehensive, unified and orderly
,procedures to insure that local criminal justice and juvenile
justice plans are in accordance with Federal and State guidelines,
and that all applications for grant-in-aid, loans, awards or
other forms of funding assistance are processed efficiently.
E. Cooperate with, and render technical assistance
to, units of local government, combinations of such units, or
other public or private agencies, organizations or institutions
in matters relating to criminal justice and j~venile justice.
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F. Conduct evaluations of progrrons and activities
of criminal justice and juvenile justice systems.
G. Perform other functions and duties as may be
required by Federal or state Laws, local ordinances, rules,
regulations, guidelines, or policies.
The Board is authorized, in its own name, to do all
acts necessary for the exercise of said powers for said purposes,
including, but not limited to, any or all of the following: to
make and enter into contracts; to employ staff and agents; to
acquire, maintain and dispose of real and personal property;
to incur debts, liabilities or obligations which do not con-
stitute a debt, liability or obligation of the Cities and County,
and to sue and be sued in its own name. Such powers shall be
exercised subject only to such restrictions upon the manner of
exercising such powers as are imposed upon the Cities and County
in the exercise of similar powers.
Section 7. Additional Parties.
Any incorporated city within San Bernardino County may
join the San Bernardino County Criminal Justice and Delinquency
Prevention Planning District. Any such jurisdiction so joining
shall become a member subject to the terms of this agreement.
The Committee shall establish such conditions for entry to the
District as will be fair to the new member and to all other member
to this agreement. The governing 'board of the jurisdiction
that seeks to join the District shall subscribe to this agreement.
section 8. Term and Termination.
This agreement shall be in full force and effect until
terminated by the parties thereto. Any party may, by resolution
of its governing body, withdraw from the District by giving at
least six months notice to all other parties, including the Board,
that it is terminating its rights and duties under this agreement,
No termination shall be effective prior to September 30 of the
year next following the date of notice. Withdrawals from membersh"f
in the District by individual Cities shall not operate to
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STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
I, Andree Disharoon, Acting Clerk of the Board of Supervisors of
the County of San Bernardino, State of California, hereby certify
the attached to be afull, true and correct copy of the Second '
Amendment to the Joint Exercise of Powers Agreement establishing
the San Bernardino County Criminal Justice and Delinquency Prevention
Planning District - Region V (Arrowhead Justice Association) by
the County and the fifteen incorporated cities of the County.
Dated: October 25, 1978
4
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Andree Disharoon,
Acting Clerk of the Board of Supervisors
County of San Bernardino
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terminate the agreement as to the remaining members, nor to
terminate the district, unless the remaining membership excluding
,the County is less than those signatories representing at least
one-half of the population of the district. Population figures
shall be determined by the latest published estimates of the
State Department of Finance. \Vhen any party has ceased to be a
party to this agreement, it shal1 not be entitled to again become
a party to this agreement except upon consent of two-thirds of the
remaining parties and upon such terms and conditions as may be
imposed by action of said parties.
IN WITNESS WHEREOF, the parties hereto have caused
this agreement ,to be executed and attested by the proper
officers thereunto duly authorized, and their official seals to
be hereto affixed as of the day and year first above written.
CITY OF ADELANTO
By
Attest:
~layor
City Clerk
APPROVED AS TO FOR.~ this
day of
, 1978
By
City Attorney
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Attest:
By
City Attorney
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AP~ROVEJ)' AS TO FORM this I r t:t:
day of' _J.'~~', 1978
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CJ. ty, Attorney
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CITY OF ADELANTO
By ~~lj)~
Mayo
Pro Tern ore
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CITY O~ BARSTOW i
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By f3 flh~/1jjJtJ.~
. Mayor
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CITY OF CHINO
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By fi7.d~I/ , ,
, Mayor
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Attest. '
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APPROVED AS TO FOR!1 this ' It; <:c..{
By
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day of
, 1978
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CITY OF COLTON
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Attest:
!"UvrJ 4. ~?7Ua)
ci ty Clerk
APPROVED ~S TO FORM this I?-
,day of S G- fJ j-: /"'l , 1978
Byq/l/A~)~/\ t)l/!M-;/~
Ci ty Attorney
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Attest:
Ci.ty, Clerk
APPROVED AS TO FOR"! this
day of September 19 , 1978
By ~ ____
~y Atto~
Attest:
City Clerk
APPROVED AS TO FORl-1 this
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day
, 1978
By
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CITY.' OF FONTANA
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CITY OF L01~ LINDA
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By
, , Hayor
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Attest:
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c~ ty Clerk
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APPROVED AS TO FOR.~ this 2.2 n.L
day of ~+,.>~ ' 1978
By /?- J '-/1 ~~
'Jferuy C~t~ey
Attest:
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City cl~
ORM' this' '2c'f{
" 1978
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CITY OF 110NTCLAIR
By
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CITY.' OF NEEDLES
By .JL ''Q'"'' . D'/j,ePc-
" l1ayor
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Attest:
',. ,~,~:O~~,~
, Ci. ty Clerk
APPROVED AS TO FOR-iii this
By ,
, 1978
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CITY {)F ONTARIO
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CITY OF RANCHO CUCAMONGA
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Attest:
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~ Ci.ty Clerk ______
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,) ;APPR?VED AS TO FORM
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this ' 1fK
, 1978
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Atte,st:
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erk
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APPROYED AS TO FORM this
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day of , 1978
13y ~0STM~
City Attorney
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APPROVED AS TO FORn this ' '2 J'Z/
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ay 0 I.:)-{!.A:..~~,:~... ,
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B0c'52~
City Attorney
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CITY OF REDLANDS
By
CITY OF RIALTO
By
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1.1ayor
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Attest:
City Clerk
APPROVED AS TO FORM this'
day of
By ,
City Attorney
Attest:
, 1978
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", City erk
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APfROVED AS TO FORM this ~
day
, 1978
By
w3tt.. &)
Attorney
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CITY OF RIALTO
BY'
Mayor
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Attest:
LUCILLE GOFORTH
City Clerk
APfROVED AS TO FO~I this /
day of
, 1978
By
,RALPH H. PRlNCll;
city Attorney
Attest:
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, :' CJ..ty ler ,
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'~PPROVED AS TO FORB this '04---
day of Jy , , ' , , " , 1978
By ..,
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CITY OF SAN BERNARDINO
By
w. R. HOLCOMB
Mayor
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CITY.' or' UpLAND
By d~ f~, ~'~
Mayor
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'I'
CITY OF VICTORVILLE
By ~ ,t. &""..11/
, / ,Mayor
COUNTY.' or' SAN BERNARDINO
By ~,,~~../
ChaJ.J:lIIan of the
Board of Supervisors
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ADOPTED, i J j
,Board of Supervisors
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, County of San Bernardino
~~1978
J'." : lerk o'f' the Boar~' of Supervi or~
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Attest:
APPROVED AS TO
By ..
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ATTEST:
. .' '.' I I.
~:Of the Board of " ':'\
Supervisors I ; "I
By'~~
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APPROVE~D:,A~.lIIT~~'FO)~:\~l.S cfl.6
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~~~ 0:. MA KS ljj" " 1978 '
County Counsel
By
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(SEAL)
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