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HomeMy WebLinkAbout24-Animal Control '- ~ '- r- '- , ~(Q)l?V CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Jon Cicirelli Director Dept: Animal Control Subject: Proposed Ordinance Revising Penalty Section of Title 6, "Animals" of Municipal Code and proposed amendment revising Animal Advisory Commission duties - Section 2.26.020. Date: August 25, 2000 Synopsis of Previous Council Action: 5/8/2000 - Legislative Review Committee directed preparation of ordinance changes to Municipal Code. 6/12/2000 - Legislative Review Committee referred draft ordinance to Animal Advisory Commission. 7/12/2000 - Animal Advisory Commission referred draft ordinance back to Legislative Review Committee Recommended Motion: 1) 2) That said ordinances be laid over for final adoption. . Authorize the Director of Finance to amend the FY 2000/2001 budget to transfer $5,000 from Account No. 124-232-5014 (Salaries - Temp/Part Time) to Account No. 124-232-5505 (Professional/Contractu I) ~ Signature Contact person: Jon Ciciralli phona' 5275 Supporting data attached: Staff reDort Ward: FUNDING REQUIREMENTS: Amount: $5,000.00 Source: (Acct. No.) 124-232-5505 (A~d n~~~riptinn) Prnf~~~innl'lI/Cnntrl'ldlll'l1 Finance: Idb; ;j{~J fLY- / Council Notes: '/~JDO 1/:,3.IJ A1A c c c CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: An ordinance amending Chapter 6.42.010 and adding Chapter 5.44 of the San Bemardino Municipal Code relating to the enforcement and penalties for violations of Animal Control ordinances, and an ordinance amending Chapter 2.26.020 relating to the duties of the Animal Advisory Commission. Background: On May 8, 2000, the Director of Animal Control presented a proposal for changes to the current penalties section of Title 6 of the Municipal Code. The proposed changes include the ability to establish a hearing officer for violations of the City animal control laws, allowing for an administrative citation process, making multiple offenders punishable by misdemeanors, and bringing all fines in alignment with City and State codes. These changes do not exclude the current methods used by Animal Control. Instead, these changes would broaden the division's abilities to collect fines and gain compliance with City ordinances. Most of the fmes in Title 6 (Animals) would increase with the adoption of this ordinance. Citizens would be given 15 days to provide proof of correction for violations of correctable offenses. In these cases, a $100.00 maximum fme would be reduced to $15.00. The two most common citations issued (65% of total) are failure by an owner to license their dog and failure of an owner to provide a rabies vaccination for their dog. Both of these fmes are correctable offenses. These fines are consistent with City Municipal Code 1.12.010 (B) for violations of infractions. An additional benefit of the proposed hearing officer is to establish a mediator for neighbor disputes over subjective violations such as dogs barking and roosters crowing. On June 12,2000, a draft ordinance was presented to the Legislative Review Committee. The Committee referred the item to the City Attomey and the Animal Advisory Commission for further review. At its July 12,2000, meeting, the Animal Advisory Commission voted unanimously to recommend that Council approve these changes. In addition, the Animal Advisory Commission has accepted responsibility for conducting hearings of appeals to the Hearing Officer's decisions. The funds available for transfer from Account No. 124-232-5014 are savings from unfilled License Checker positions. Fiscal Impact: Annual estimated cost to the City for the hearing officer is $5,000.00. Increased fme revenues will offset that cost. These funds would be transferred from Account No. 124-232- 5014 (Salaries Temporary/Part Time) to Account No. 124-232-5505 (Professional Contracts). ...- L ,,-. L r' '- Recommendation: Thai said ordinances be laid over for final adoption and that the Director of Finance be authorized 10 amend the FY 2000-2001 budget to reflec1 the transfer of$5,OOO from Account No. 124-232-5014 (Salaries Temporary/Part Time) to Account No. 124-232-5505 (Professional Contracts). 20 21 00 0' _0 ~4 25 26 27 28 ([U~,\( ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO 3 AMENDING SECTION 6.42.010 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADDING CHAPTER 6.44 TO THE SAN BERNARDINO " MUNICIPAL CODE RELATING TO THE ENFORCEMENT AND PENALTIES FOR VIOLATIONS OF ANIMAL CONTROL ORDINANCES ) 6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: , , 8 SECTION t. Section 6.42,0 I () of the San Bernardino Municipal Code is 'I here b) amended to read as follows: 10 6.42.010 General Penalties II The City of San Bernardino intends to secure compliance wi1h the 12 provisions of Title 6. To the extent that such compliance may be achieved by alternate methods of enforcement the following separate 13 14 and distinct methods may be utilized. Each method set forth herein is I) intended to be mutually exclusive and does not prevent consecutive methods from being used to achieve compliance against continuing violations. Each and every day any such violation exists constitutes a separate offense. Notwithstanding any other provision of this Title 6. each violation of the provisions of this Title may be enforced alternately as follows: 16 17 18 19 A, Any person who violates any provision of this Title 6 is guilty of an infraction, which upon conviction thereof is punishable in accordance with the provisions of section 1,12,0 I 013 of this Code. B. Upon conviction of a fourth violation pursuant to subsection A above. the violator is guilty of a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of section 1.12,0 I OA of this Code, SM B/tbllll citat ion.allel 2 .' ~ 5 (, 7 SECTION 2. c. Administrative Citation, Upon a finding by any person so designated by Chapter 9,90 of this Code, vested with the authority to enforce the various provisions of this Title 6 that a violation exists, he or she may issue an Administrative Citation under the provisions of Chapter 6.44, 8 Code to read as follows: Chapter 6.44 is hereby added to the San Bernardino Municipal 9 CHAPTER 6.44 10 ADMINISTRATIVE CITATIONS 20 21 22 0' ~J 2~ ~5 26 27 28 II 12 Sections: 13 6.44,0 I 0 6.44.020 6.44.030 6.44.040 6.44.050 6.44.060 6.44.070 6.44.080 6.44.090 6.44,100 6.44,110 6.44.120 6.44.130 6.44,140 6.44.150 I~ 15 16 17 18 19 6.44.010 A. SI\rI B/tblllf ciUllioll.anc 1 Legislative Findings and Statement of Purpose Delinitions Authoritv Service Procedures Contents of Notice Satisfaction of Administrative Citation Appeal of Administrative Citation Hearing Ot1icer Hearing Procedure Hearing Officer's Decision Failure to Pay Fines Appeal of Hearing Officer's Decision Animal Control Commission's Decision Right to Judicial Review Severability Legislative Findings and Statement of Purpose The Mayor and Common Council hereby find that there is a need for an alternative method of enforcement for violations of Title 6 of this Code. The Mayor and Common Council further find that an appropriate method of enforcement for animal control violations is an Administrative Citation Program as authorized by Government Code Section 53069.4, 2 ~o ~I ~2 l' _0 ~4 25 ~6 n ~8 ~ } 4 5 6 7 ~ 9 10 II I~ 13 14 15 16 17 18 19 B, The procedures established in this Chapter shall be in addition to criminal. civil, or any other legal remedy established by law, which may be pursued to address violations of Title 6 of this Code, The Mayor and Common Council hereby find and determine that enforcement of Title 6 of this Code is a matter of local concern and c. serves an important public purpose, Consistent with its powers as a Charter City. the City of San Bernardino adopts this Administrative Citation Program provision in order to achieve the following goals: 1. To protect the public health, safety and welfare of the citizens of the City of San Bernardino; 2. To gain compliance with Title 6 of this Code in a timely and etlicient manner; 1 J. To provide for an administrative process to appeal the imposition of Administrative Citations and tines; 4. To provide an alternative method to hold parties responsible when they fail or refuse to comply with the provisions of Title 6 of this Code in the City of San Bernardino; 5. To minimize the expense and delay where the sole remedy is to pursue responsible parties in the civil or criminal justice system. D, Use of this chapter shall be at the sole discretion of the City. 6.44.020 Definitions A, Re.\ponsible Person shall mean any individual who is the owner, custodian or occupant of any real property; owner or authorized agent of any business, company, or entity; or the parent or legal guardian of any person under eighteen (18) years of age; who causes or maintains a violation of Title 6 of this Code, B. Animal Control Officer, or other authorized officer, shall mean any SrVlll/thm[citalioll_<lIlCI 3 20 21 22 l' -0 24 25 26 27 28 2 3 4 5 (, 7 8 9 10 II 12 13 14 15 16 17 18 19 otlicer or employee with the authority to enforce Title 6 of this Code as provided in Chapter 9.90 of said Code. 6.44.030 Authority A. Any person violating any provision of Title 6 of this Code may be issued an Administrative Citation by an Animal Control Officer, or 13. other authorized officer, as provided in this Chapter. Each and every day a violation of Title 6 of this Code exists constitutes a separate and distinct offense, c. Any tine assessed by means of an Administrative Citation issued by the Animal Control Officer. or other authorized officer. shall be payable directly to the City of San Bernardino. D. Fines shall be assessed in the amounts specified by Resolution of the Mayor and Common Council, or where no amount is specified. as follows: I. A tine not exceeding one hundred dollars ($100.00) for a first violation; ., A tine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance within one year. , J, A tine not exceeding five hundred dollars ($500.00) for each additional violation thereof of the same ordinance within one year. 6.44.040 Service Procedures A. An Administrative Citation on a form approved by the Mayor or the Mayor's designee, with the concurrence of the City Attorney, may be issued to the responsible person by an Animal Control Officer, or other authorized ofticer. for violations of Title 6 of this Code in the following manner: I. Personal Service, In any case where an Administrative SiVlllitbllllt:ilatioll.anc J 4 20 ~I 21 )' _J ~4 25 ~6 n ~8 ~ 3 4 5 6 7 x <) 10 II I~ 13 14 15 16 17 18 19 6.44.050 A, 5MB/lhllllL'itatioll,anc I Citation is issued: I. The Animal Control Officer, or other authorized II. otlicer. shall attempt to locate and personally serve the responsible person and obtain the signature of the responsible person on the Administrative Citation. Upon such personal service, if the responsible person refuses or fails to sign the Administrative Citation, the lailurc or relusal to sign shall not affect the validity of the Administrative Citation or of subsequent proceedings, 2. Service of Citation by Mail. If the Animal Control Officer, or other authorized officer. is unable to locate the responsible person. the Administrative Citation shall be mailed to the responsible person by certilied mail, postage prepaid with a requested return receipt. , J. Service of Citation by Posting Notice. If the Animal Control Officer, or other authorized officer, does not succeed in personally serving the responsible person, or service by certilied mail, the Animal Control Officer, or other authorized ofticer, shall post the Administrative Citation on the real property within the City in which the violation occurs, or on any other property lor which the ofticer has knowledge that the responsible person has a legal interest. Contents of Notice Each Administrative Citation shall contain the following information: l. Date, approximate time, and address or definite description of the location where the violation(s) was observed; 2, The section(s) of Title 6 of this Code or the condition(s) 5 20 21 22 " _0 24 25 26 27 28 2 .' 4 5 6 7 8 9 10 II 12 13 14 15 16 6..t4.060 17 A, 18 19 S:\'l 1\/lbl11l Cilalion.am:] , o. violated and a description of the violation(s): An order to the responsible person to correct the violation(s) within a specified time, and an explanation of the consequences of failure to correct the violation(s); 4, The amount of the fine for the violation(s); An explanation of how the fine shall be paid and the time period by which it shall be paid. Identification of rights of appeal. including the time within which the Citation may be contested and the place to obtain a 5. 6. Request tor Hearing form to contest the Administrative Citation; and 7, The name and signature of the Animal Control Officer, or other authorized officer. and. if possible, the signature of the responsible person. 8. A schedule of late fee penalties, Satisfaction of Administrative Citation. Upon receipt of a citation, absent an appeal of the administrative citation. the responsible person shall do the following: I. Remedy the violation(s). If the responsible person fails to correct the violation(s). subsequent Administrative Citations may be issued for the violation(s). The amount of the fine for failure to correct the violation(s) shall increase at a rate 2. specitied in this Chapter or by Resolution; Pay the tine to the City within fifteen (15) days from the issue date of the Administrative Citation if the violation is not remedied within said tifteen (15) days. All tines assessed shall be payable to the City of San Bernardino. Payment of a fine shall not excuse or discharge the failure to correct the 6 20 21 21 l' _0 24 25 26 27 28 violation(s) nor shall it bar turther enforcement action by the 2 City. Appeal of Administrative Citation , 6"'-1.070 4 Any recipient of an Administrative Citation may contest that there 5 was a violation of Title 6 of this Code or that he or she is the responsible person by completing a Request tor Hearing form and returning it to the City ('krk within titieen (15) days of receiving the citation, 6 7 x 6.-I-I.OHO Hearing Oftlcer <) The Mayor or the Mayor's designee shall designate the hearing officer for the 10 Administrative Citation hearing. The hearing officer shall not be a City of San Bernardino employee, The retention and compensation of the hearing otlicer, if any, shall not be directly or indirectly conditioned upon the amount of Administrative Citation tines upheld by the hearing ot1icer. II 12 13 14 6.44.090 Hearing Procedure 15 A. No hearing to contest an Administrative Citation before a hearing officer shall be held unless and until a request for a hearing form has 16 17 been completed and submitted, 18 B, A hearing before the hearing officer shall be set for a date that is not 19 less than tltieen (15) and not more than sixty (60) days from the date that the request for a hearing is filed in accordance with the provisions of Title 6 of this Code. The person requesting the hearing shall be notitied of the time and place set for the hearing at least ten (10) days prior to the date of the hearing. c. The hearing officer shall consider all evidence that is relevant to whether the violation(s) occurred and whether the responsible person has caused or maintained the violation(s) of Title 6 of this Code on the D, date(s) specitled in the Administrative Citation. The responsible person contesting the Administrative Citation shall be 5MB/tbmlcit<Hion.am:j 7 20 21 00 0' --' 2~ 25 26 27 28 c given the opportunity to testify and present witnesses and evidence concerning the Administrative Citation, 3 E, The failure of any recipient of an Administrative Citation to appear at the Administrative Citation hearing shall constitute a failure to exhaust ~ :i one's administrative remedies, 6 F. The Administrative Citation and any additional documents submitted hy the Animal Control Officer. or other authorized officer. shall 7 8 constitute prima facia evidence of the respective facts contained in q those documents. 10 G, At least five (5) days prior to the hearing, the recipient of an Administrative Citation shall be provided with copies of the citations, reports and other documents submitted or relied upon by the Animal Control Officer. or other authorized officeL II 12 13 I~ H_ The hearing officer may continue the hearing and request additional information from the Animal Control Officer, or other authorized I' 1(1 otlicer. or the recipient of the Administrative Citation prior to issuing 17 a written Decision_ 18 6.44.100 Hearing Officer's Decision 19 After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue and mail by first class mail the written Decision within ten (10) days of the completion of the hearing to uphold or deny the Administrative Citation and shall list in the Decision the reasons for that Decision. The Decision of the Hearing Officer is final, subject to the right to appeal to the Animal Control Commission as provided in Section 6-44,120 of the San Bernardino Municipal Code, 6.44.110 A, Failure to Pay Fines Absent the remedy of the violations(s) cited in the Administrative Citation, the failure of any person to pay the civil fines assessed by an S:\'lllilhmll.:ilal iOll.alK I 8 20 ~I ~1 )' _0 24 ::!5 26 27 28 2 3 4 5 6 7 8 Y 10 II 12 I' -' 14 15 16 17 18 IY Administrative Citation shall result in the following late fee schedule: I. Failure to pay the Administrative Citation within 15 days after the date the citation was issued by an officer, or within 10 days atier the date the written decision of the Hearing Officer is mailed, or within 20 days after the date the written decision of the Animal Control Commission is mailed, whichever is later, shall result in a twenty-five dollar ($25_00) late penalty assessed. ) Any lines and late tees which remain outstanding thirty (30) days beyond the date the citation was issued by an officer, or beyond 20 days atier the date the written decision of the Hearing Otlicer is mailed. or beyond 30 days after the date the written decision of the Animal Control Commission is mailed, whichever is later, shall have assessed an additional twenty- live dollar ($25,00) late penalty. for a total of lifty dollars ($50,00) late tee, B_ The City may pursue any other legal remedy to collect the fines, including the appointment of a private collection agency, acting on behalfofthe City of San Bernardino as it's agent, to pursue and collect lines as determined by contract agreement and approved by the Mayor and Common CounciL The City may also recover its collection costs, along with fines assessed, according to proof of attempts to collect the debt 6.44.120 Appeal of Hearing Otlicer's Decision A. Any person aggrieved by the Decision of the Hearing Officer on an Administrative Citation may obtain a review of the decision by filing an appeal with the Animal Control Commission for the City of San Bernardino, 5MBilbm[ citation.am: I 9 20 21 22 23 24 :!5 26 27 28 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 4, sr'v1IVtbllllt:italioll.iUll: I I. The appeal shall be tiled with the City Clerk within ten (10) days following the mailing of the Decision of the Hearing Otlicer and shall include the payment of all applicable appeal fees. The appeal shall be in writing and shall set forth (a) the specific action appealed from, (b) the specific grounds for the appeal. and (c) the relief or action sought from the Animal Control Commission, In the event any notice of appeal fails to set forth all information required by this section. the City Clerk shall return the same to the appellant with a statement stating in which respects the appeal application is deficient, 2. and the appellant shall thereafter be allowed ten (10) days from the date the City Clerk mailed the rejected appeal application in which to properly re-file the appeal. A hearing before the Animal Control Commission shall be set for a date that is not less than fifteen (15) and not more than sixty (60) days from the date that the request for an appeal is filed in accordance with the provisions of this Chapter. The person requesting the appeal shall be notitied of the time and place set for the hearing at least ten (10) days prior to the date of the appeal. The Animal Control Commission shall consider all evidence , J, that is relevant to whether the violation(s) occurred and whether the responsible person has caused or maintained the violation(s) of Title 6 of this Code on the date(s) specified in the Administrative Citation, The responsible person contesting the Administrative Citation shall be given the opportunity to testify and present witnesses and evidence concerning the Administrative Citation. 10 20 21 :n 0' _J 24 25 26 27 28 , 3 4 5 6 7 x 9 10 II 12 13 14 15 16 17 18 19 5. The failure of any recipient of an Administrative Citation to appear at the Administrative Citation appeal shall constitute a failure to exhaust one's administrative remedies, 6, The Administrative Citation and any additional documents submitted by the Animal Control Officer, or other authorized otlicer, shall constitute prima facia evidence of the respective facts contained in those documents, 7. i\tleast live (5) days prior to the appeal hearing. the recipient of an Administrative Citation shall be provided with copies of the citations, reports and other documents submitted or relied upon by the Animal Control Officer. or other authorized ofticer. 8. The Animal Control Commission may continue the hearing and request additional information from the Animal Control Officer. or other authorized ofticer, or the recipient of the Administrative Citation prior to issuing a written Decision. 9. The Mayor and Common Council may, by Resolution, establish a fee for the processing of an appeal. 6.-14.130 Animal Control Commission's Decision A. Aticr considering all of the testimony and evidence submitted at the appeal. the Animal Control Commission shall issue and mail a written Decision within ten (l0) days of the hearing to uphold or deny the Administrative Citation and shall list in the Decision the reasons for that Decision. The Decision of the Animal Control Commission shall be linal and conclusive and shall not be subject to appeal to the Mayor and Common Council. B. The recipient of the Administrative Citation shall be served with a copy of the Animal Control Commission's written Decision by SMI\llhllljciLati(m.anc I II , 3 4 5 6 7 X 9 10 II 11 I' .' 14 15 16 1/1 17 III IX III 19 10 11 " " _J 14 25 26 17 28 certilied and by lirst class mail. 6.4~. t 40 Right to Judicial Review The City of San Bernardino shall take all lawful steps to insure that any appellant aggrieved by said Decision of the Animal Control Commission shall be afforded prompt judicial review if such decision is challenged in Court. 6.44. I 5ll Severability I f any section, subsection, part. clause, sentence, or phrase of this Chapter or application thereof is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the validity of the remaining portions of this Chapter, the application thereof, and the fines imposed shall not be affected thereby. but shall remain in full force and effect. it being the intention of the City Council to adopt each and every section, subsection, part, clause, sentence, or phrase regardless of whether any other section, subsection, part. clause. sentence, or phrase or the application thereof ifhdd to be invalid or unconstitutional. SM B/thmlcitatioll.alll:! 11 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 6.42.010 OF THE SAN BERNARDINO MUNICIPAL CODE AND 2 ADDING CHAPTER 6.44 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE ENFORCEMENT AND PENALTIES FOR .. VIOLATIONS OF ANIMAL CONTROL ORDINANCES 4 I HEREBY CERTIFY that the toregoing ordinance was duly adopted by the 5 Mayor and Common Council of the City of San Bernardino at a meeting 6 thereof held on the day of , 2000. by the following vote, 7 to wit: ~ l) COliNCIL MEMBERS: AYES NAYS ABSTAIN AB5EN[ 10 ESTRADA II LIEN 12 MCGINNIS 13 SCHNETZ 14 SUAREZ 15 ANDERSON 16 McCAMMACK 17 IS 19 Rachel G, Clark, City Clerk The toregoing ordinance is hereby approved this day of ,2000. 20 21 22 JUDITH VALLES, Mayor City of San Bernardino 23 Approved as to form and legal content: 24 JAMES F. PENMAN, 25 City At!orney , , 26 ""21' Bv: d,~~ )" ....'~.~/.'!~., (' --7 28 SMllIthlllll:ilaLion.anc I 13 ~.. r--. ~~. ~.7 (' . '--' i - ~ ORDINANCE NO. , AN ORDINANCE OF THE CITY OF SAN BERNARDINO 3 AMENDING CHAPTER 2.26 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE DUTIES OF THE ANIMAL CONTROL 4 COMMISSION 5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 6 BERNARDINO DO ORDAIN AS FOLLOWS: 7 SECTION 1. Chapter 2.26 of the San Bernardino Municipal Code is hereby R amended in its entirety to read as follows: 9 10 Chap1er 2.26 ANIMAL CONTROL COMMISSION II 12 Sections: 13 2.26.010 2.26.020 Members - Appointments Duties 14 2.26.010 Members - Appoin1menl. 15 16 The Animal Control Commission of the City shall consist of nine members 17 who shall serve at the pleasure of the Mayor and Common Council. Members shall 18 be appointed and serve pursuant to the provisions of Chapter 2.17, 19 2.26.020 Duties. 20 The Animal Control Commission shall: 21 " (A) Review all City ordinances and procedures relating to animals and " -.' animal control, and make recommendations to the Mayor and Common Council regarding amendment or revision or ordinances or procedures, or the adoption of 24 any new program relating to animals; 25 26 27 (B) Maintain liaison with organizations in the San Bernardino 28 community having an interest in matters relating to animals, and cooperate with Slvl B/IOlllll.: ilation.anc-I 10 II I' I' .' I~ 15 16 17 18 1'1 20 21 22 l' ~J ~4 25 26 27- 28 and assist such organizations whenever consistent with the objectives and policies 2 of the City. 3 4 (C) Conduct public hearings on matters assigned to the Animal Control 5 Commission under the provisions of the San Bernardino Municipal Code. 6 7 x 'I St'vlB/tbllllcitntion.anc] 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 2.26 OF THE SAN BERNARDINO MUNICIPAL 2 CODE RELATING TO THE DUTIES OF THE ANIMAL CONTROL COMMISSION 3 ~ I HEREBY CERTIFY that the foregoing ordinance was duly adopted by 5 the Mayor and Common Council of the City of San Bernardino at a 6 meeting thereof, held on the , 2000, by the day of 7 following vote. to wit: x COl'NCIL ~lEMBERS: AYES NAYS ABST AIN ABSENT <) 10 ESTRADA LIEN II 12 MCGINNIS SCHNETZ I' J SUAREZ I~ 15 ANDERSON McCAMMACK 16 17 Rachel G. Clark, City Clerk 18 19 Thetoregoing ordinance is hereby approved this 2000. day of 20 21 11 JUDITH V ALLES, Mayor City of San Bernardino r ~J Approved as to form and legal content: 2~ JAMES F. PENMAN, City Attorney 1 25 26 By: /'4~",-,__ J. v\?--"'-~ / / 27' ,. , ! , 28 5MB/Lbml !.:ilalion.am: I 3