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1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO PROCLAIMING
EXISTENCE OF A LOCAL EMERGENCY.
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WHEREAS, Chapter 2.46 of the Municipal Code of the City of San Bernardino empowers
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the Mayor to proclaim the existence or threat of a local emergency when said City is affected or
likely to be affected by a public calamity; and
WHEREAS, the Mayor and Common Council do hereby find that conditions of extreme peril
to the safety of persons and property did arise on March 4, 2006 within the City of San Bernardino,
caused by civil disobedience; and
WHEREAS, the aforesaid conditions of extreme peril warranted and necessitated the
proclamation of the existence of a local emergency; and
WHEREAS, pursuant to Section 2.46.110 of the Municipal Code, all costs incurred by the
City in response to such emergency both before and after such declaration and after the expiration
thereof, shall be a charge against the party or parties responsible for the emergency; and
WHEREAS, one, or more of the responsible parties if there is more than one, is a commercial
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enterprise pursuing a commercial operation within the meaning of Section 2.46, 110 of the Municipal
Code.
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NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency did arise on
March 4, 2006 in the City; and
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local
emergency the powers, functions, and duties of the Mayor and the emergency organization of the
City were those prescribed by State law, by ordinance, and resolutions of this City approved by the
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RESOLUTION OF THE CITY OF SAN BERNARDINO PROCLAIMING
EXISTENCE OF A LOCAL EMERGENCY.
IT IS FURTHER ORDERED that a copy of this resolution be forwarded to the Office of the
4 City Manager to initiate collection of such sums that are due and owing the City,
5 Dated:
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8 ATTESTED BY:
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10 Rachel Clark, City Clerk
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13 Approved as to Form
and Legal Content:
14 JAMES F. PENMAN,
15 City Attorney
16 ? :J
.e-v
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Patrick J. Morris, Mayor
City of San Bernardino
DHCljs [Resolutions\Local Emergency.Reso]
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Adopted: March 6, 2006
Effective: March 6, 2006
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URGENCY ORDINANCE NO. KC-1219
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AN URGENCY ORDINANCE OF THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA AMENDING SECTION
8.82.050 OF CHAPTER 8.82 OF THE SAN BERNARDINO
MUNICIPAL CODE REGARDING RECOVERY OF
EXPENSES FOR EXTRAORDINARY LAW
ENFORCEMENT SERVICES.
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Section 1, Findings,
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WHEREAS, on Saturday, March 4, 2006 the "British Invasion 2K6", a punk roc
concert event (the "2K6") was held at the National Orange Show Events Center ("NOS"
in San Bernardino, California; and
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WHEREAS, the concerts at the NOS are usually held at the Orange Pavilion (th
"Pavilion") which has a seating capacity of approximately 5,000 people, The estimated
attendance at the 2K6 concert was approximately 4,500 persons attended the 2K
concert; and
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WHEREAS, On Saturday, March 4, 2006, San Bernardino Police Officer
responded to a disturbance call to the NOS; and
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WHEREAS, upon responding to this call, the Officers determined that a stabbin
had taken place at the Pavilion, During their investigation, the crowd became more and
more unruly and difficult to control. The responding Officers being extremel
outnumbered formed skirmish lines to attempt crowd control. However, the crowd gre
and became so aggressive; the responding Officers were soon far outnumbered and
had to move to defensive positions, While in these positions they ran out of crowd
control measures, such as tear gas and less lethal munitions and had to resort to c10s
quarter hand to hand combat all the while being pelted with bricks, bottles, rocks and
other flying objects, Once mutual aid arrived on scene, Officers were able to utiliz
additional tear gas and less lethal munitions to drive the crowd back and eventuall
disperse the crowd. It took another hour to an hour and a half to fully disperse th
crowd, Notwithstanding the crowd disbursement, several groups of troublemakers stil
traveled the City streets requiring an ongoing police presence to protect life and
property; and
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WHEREAS, even after the crowd was disbursed from the NOS, Police presenc
was still required to control ingress and egress for several blocks surrounding the NO
as groups of troublemakers began to engage in civil disobedience, causing propert
damage to 41 business surrounding the NOS, damage to vehicles, including polic
vehicles It took both SBPD and mutual aid several more hours to fully secure th
surrounding community; and
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KC-1219
1
AN URGENCY ORDINANCE OF THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA AMENDING SECTION
8.82.050 OF CHAPTER 8.82 OF THE SAN BERNARDINO
MUNICIPAL CODE REGARDING RECOVERY OF
EXPENSES FOR EXTRAORDINARY LAW
ENFORCEMENT SERVICES.
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WHEREAS, Approximately 150 police and fire personnel were required to quel
7 the rioting crowd resulting in enormous costs to the City and other responding agencies;
and
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WHEREAS, the NOS has other pending events scheduled for this Saturday,
March 11, 2006 and for Saturday May 13, 2006 - 2 events that will present additiona
crowd control problems; and
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WHEREAS, the San Bernardino Municipal Code Chapter 8,82 contemplates th
recovery of costs for extraordinary police services for unscheduled events that create
need for extraordinary police services, and the current ordinance requires that th
Police Department provide a written notice to cease and desist the threat to publi
peace, health, safety and general welfare of the public; and
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WHEREAS, there are situations, like the 2K6 concert, where it is unfeasible fo
the Police to give a written warning to the person in charge; and
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WHEREAS, it is the intent of the Mayor and Common Council to recover th
costs for extraordinary police services for situations like the 2K6 concert without th
requirement of a written notice when the circumstance prevent such notice to b
provided; Therefore:
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Section 2.Findings of Urgency.
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The Mayor and Common Council of the City of San Bernardino, pursuant to th
provisions of Government Code section 36937(b), finds and declares that it i
necessary that this ordinance become effective upon its passage for the immediat
preservation of the public peace, health and safety for the reasons set forth above in
Section 1, which findings are incorporated herein by this reference. Due to the abov
stated reasons and because of the impending dates for the additional events at th
NOS, this ordinance needs to take effect upon its adoption as an urgency measure t
protect and preserve the public's interests and general welfare in case another even
occurs that requires extraordinary police services but no opportunity to provide a writte
warning to the person in charge.
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HC-1219
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AN URGENCY ORDINANCE OF THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA AMENDING SECTION
8.82.050 OF CHAPTER 8.82 OF THE SAN BERNARDINO
MUNICIPAL CODE REGARDING RECOVERY OF
EXPENSES FOR EXTRAORDINARY LAW
ENFORCEMENT SERVICES.
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Section 3. San Bernardino Municipal Code Section 8,82,050 of Chapter 8,8
is hereby repealed and replaced with the following:
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8,82.050 Unscheduled Events,
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A. Except as provided herein below, if an unscheduled event occurs and
law enforcement officer investigating the matter determines that the same is a threat t
the public peace, health, safety or general welfare or constitutes a nuisance, said office
may, in addition to any other duty or responsibility imposed upon him by law, giv
written warning notice to the person in charge of the premises that if a second respons
is necessary because of a continuation of any objectionable activity that the person i
charge will be held liable to the City of San Bernardino for the cost of all subsequent la
enforcement services necessary to abate the disturbance or other activity giving rise t
law enforcement services over and above the normal services expended in connectio
with the first call.
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B. If an unscheduled event occurs and a law enforcement office
investigating the matter determines that the same is a threat to the public peace, health,
safety or general welfare or constitutes a nuisance of an immediate nature such that
written warning is not feasible, a written warning shall not be required and the person i
charge will be held liable to the City of San Bernardino for the cost of all la
enforcement services necessary to abate the disturbance or other activity giving rise t
law enforcement services over and above the normal services expended in connectio
with the call.
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C. The personnel and equipment of the law enforcement agency utilized
after the first warning, if provided, to control or abate the nuisance or to protect th
public peace, health, safety or general welfare shall be deemed to be extraordinary la
enforcement services over and above the normal services provided Citywide and th
cost of said extraordinary law enforcement services, including damage to city or la
enforcement property, shall be billed to and is the legal responsibility of the person i
charge. In the event a written warning is not feasible, then personnel and equipment 0
the law enforcement agency called in including but not limited to mutual aid agencies t
control or abate the nuisance or to protect the public peace, health, safety or genera
welfare shall be deemed to be extraordinary law enforcement services over and abov
the normal services provided Citywide and the cost of said extraordinary la
enforcement services, including damage to city or law enforcement property, shall b
billed to and is the legal responsibility of the person in charge.
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MC-1219
1
AN URGENCY ORDINANCE OF THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA AMENDING SECTION
8.82.050 OF CHAPTER 8.82 OF THE SAN BERNARDINO
MUNICIPAL CODE REGARDING RECOVERY OF
EXPENSES FOR EXTRAORDINARY LAW
ENFORCEMENT SERVICES.
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Section 4, This Urgency Ordinance is based upon the findings set forth in
Section 1, above, and the accompanying Staff Report and its attachments to thi
ordinance and is adopted pursuant to the authority granted to the City of Sa
Bernardino in Article 11, Section 7 of the California Constitution, and pursuant to Articl
III, Section 31 of the Charter of the City of San Bernardino. This Urgency Ordinanc
shall take effect immediately upon adoption.
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Section 5. The provisions of this Ordinance are declared to be separate and
severable, The invalidity of any clause, sentence, paragraph, subdivision, section, 0
portion of this Ordinance, or the invalidity of the application thereof to any person 0
circumstance shall not affect the validity of the remainder of this Ordinance, or th
validity of its application to other persons or circumstances.
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14 III
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19 III
20 III
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III
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27 11/
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1
AN URGENCY ORDINANCE OF THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA AMENDING SECTION
8.82.050 OF CHAPTER 8.82 OF THE SAN BERNARDINO
MUNICIPAL CODE REGARDING RECOVERY OF
EXPENSES FOR EXTRAORDINARY LAW
ENFORCEMENT SERVICES.
2
I
I
I
I
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I HEREBY CERTIFY that the foregoing Urgency Ordinance was duly adoptedl
by the Mayor and Common Council of the City of San Bernardino at a regula~
meeting thereof, held on the 6th day of March, 2006, by the following vote, to wit: I
COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT I
I
I
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ESTRADA
x
11
BAXTER
MCGINNIS
DERRY
KELLEY
JOHNSON
MC CAMMACK
x
x
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x
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x
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x
15
x
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17
~k.~
Ra el Clark, City Clerk
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The foregoing Urgency Ordinance is hereby approved this 6th day of March,
2006.
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o<-:-r:.-'-'-
'~J~~~ 5. ~ORRls:Mayor
City-o San Bernardino
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JAMES F. PENMAN
City Attorney
5
URGENCY ORDINANCE NO. 06-_
AN URGENCY ORDINANCE OF THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA AMENDING SECTION
8.82.050 OF CHAPTER 8.82 REGARDING RECOVERY OF
EXPENSES FOR EXTRAORDINARY LAW
ENFORCEMENT SERVICES.
Section 1. Findings.
WHEREAS, on Saturday, March 4, 2006 the "British Invasion 2K6", a punk rock
concert event (the "2K6") was held at the National Orange Show Events Center ("NOS")
in San Bernardino, California; and
WHEREAS, the concerts at the NOS are usually held at the Orange Pavilion (the
"Pavilion") which has a seating capacity of approximately 5,000 people. The estimated
attendance at the 2K6 concert was approximately 4,500 persons attended the 2K6
concert; and
WHEREAS, On Saturday, March 4, 2006, San Bernardino Police Officers
responded to a disturbance call to the NOS; and
WHEREAS, upon responding to this call, the Officers determined that a stabbing
had taken place at the Pavilion, During their investigation, the crowd became more and
more unruly and difficult to control. The responding Officers being extremely
outnumbered formed skirmish lines to attempt crowd control. However, the crowd grew
and became so aggressive; the responding Officers were soon far outnumbered and
had to move to defensive positions. While in these positions they ran out of crowd
control measures, such as tear gas and less lethal munitions and had to resort to close
quarter hand to hand combat all the while being pelted with bricks, bottles, rocks and
other flying objects. Once mutual aid arrived on scene, Officers were able to utilize
additional tear gas and less lethal munitions to drive the crowd back and eventually
disperse the crowd, It took another hour to an hour and a half to fully disperse the
crowd, Notwithstanding the crowd disbursement, several groups of troublemakers still
traveled the City streets requiring an ongoing police presence to protect life and
property; and
WHEREAS, even after the crowd was disbursed from the NOS, Police presence
was still required to control ingress and egress for several blocks surrounding the NOS
as groups of troublemakers began to engage in civil disobedience, causing property
damage to 41 business surrounding the NOS, damage to vehicles, including police
vehicles It took both SBPD and mutual aid several more hours to fully secure the
surrounding community; and
N01f;
WHEREAS, Approximately 150 police and fire personnel were required to quell
the rioting crowd resulting in enormous costs to the City and other responding agencies;
and
WHEREAS, the NOS has other pending events scheduled for this Saturday,
March 11, 2006 and for Saturday May 13, 2006 - 2 events that will present additional
crowd control problems; and
WHEREAS, the San Bernardino Municipal Code Chapter 8,82 contemplates the
recovery of costs for extraordinary police services for unscheduled events that create a
need for extraordinary police services, and the current ordinance requires that the
Police Department provide a written notice to cease and desist the threat to public
peace, health, safety and general welfare of the public; and
WHEREAS, there are situations, like the 2K6 concert, where it is unfeasible for
the Police to give a written warning to the person in charge; and
WHEREAS, it is the intent of the Mayor and Common Council to recover the
costs for extraordinary police services for situations like the 2K6 concert without the
requirement of a written notice when the circumstance prevent such notice to be
provided; Therefore:
Section 2, Findings of Urgency,
The Mayor and Common Council of the City of San Bernardino, pursuant to the
provisions of Government Code section 36937(b), finds and declares that it is
necessary that this ordinance become effective upon its passage for the immediate
preservation of the public peace, health and safety for the reasons set forth above in
Section 1, which findings are incorporated herein by this reference. Due to the above
stated reasons and because of the impending dates for the additional events at the
NOS, this ordinance needs to take effect upon its adoption as an urgency measure to
protect and preserve the public's interests and general welfare in case another event
occurs that requires extraordinary police services but no opportunity to provide a written
warning to the person in charge,
Section 3, San Bernardino Municipal Code Section 8,82.050 of Chapter 8,82
is hereby repealed and replaced with the following:
8,82,050 Unscheduled Events,
A. Except as provided herein below. ~jf an unscheduled event occurs and
~tRe law enforcement officer investigating the matter determines that the same is a
threat to the public peace, health, safety or general welfare or constitutes a nuisance,
said officer may, in addition to any other duty or responsibility imposed upon him by law,
give written warning notice to the person in charge of the premises that if a second
response is necessary because of a continuation of any objectionable activity that the
person in charge will be held liable to the City of San Bernardino for the cost of all
2
subsequent law enforcement services necessary to abate the disturbance or other
activity giving rise to law enforcement services over and above the normal services
expended in connection with the first call.
B. If an unscheduled event occurs and a law enforcement officer
investioatinq the matter determines that the same is a threat to the public peace, health.
safety or oeneral welfare or constitutes a nuisance of an immediate nature such that a
written warninq is not feasible, a written warninq shall not be required and the person in
charqe will be held liable to the City of San Bernardino for the cost of all law
enforcement services necessarv to abate the disturbance or other activity qivinq rise to
law enforcement services over and above the normal services expended in connection
with the call.
CB. The personnel and equipment of the law enforcement agency utilized after
the first warning, if provided. to control or abate the nuisance or to protect the public
peace, health, safety or general welfare shall be deemed to be extraordinary law
enforcement services over and above the normal services provided Citywide and the
cost of said extraordinary law enforcement services, including damage to city or law
enforcement property, shall be billed to and is the legal responsibility of the person in
charge. In the event a written warnino is not feasible. then personnel and equipment of
the law enforcement aoency called in includinq but not limited to mutual aid aqencies to
control or abate the nuisance or to protect the public peace, health, safety or qeneral
welfare shall be deemed to be extraordinarv law enforcement services over and above
the normal services provided Citywide and the cost of said extraordinary law
enforcement services. includinq damaqe to city or law enforcement property. shall be
billed to and is the leoal responsibility of the person in charoe.
Section 4, This Urgency Ordinance is based upon the findings set forth in
Section 1, above, and the accompanying Staff Report and its attachments to this
ordinance and is adopted pursuant to the authority granted to the City of San
Bernardino in Article 11, Section 7 of the California Constitution, and pursuant to Article
III, Section 31 of the Charter of the City of San Bernardino. This Urgency Ordinance
shall take effect immediately upon adoption,
Section 5, The provisions of this Ordinance are declared to be separate and severable,
The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this
Ordinance, or the invalidity of the application thereof to any person or circumstance
shall not affect the validity of the remainder of this Ordinance, or the validity of its
application to other persons or circumstances.
III
1/1
1/1
3
I HEREBY CERTIFY that the foregoing Urgency Ordinance was duly adopted
by the Mayor and Common Council of the City of San Bernardino at a regular
meeting thereof, held on the 6th day of March, 2006, by the following vote, to wit:
COUNCIL MEMBERS:
ESTRADA
BAXTER
MCGINNIS
DERRY
KELLEY
JOHNSON
MC CAMMACK
AYES
ABSTAIN ABSENT
NAYS
Rachel Clark, City Clerk
The foregoing Urgency Ordinance is hereby approved this 6th day of March, 2006,
Approved as to form
red legal content:
7-f~
~MES F. PENMAN
v ity Attorney
PATRICK J. MORRIS, Mayor
City of San Bernardino
4
RESOLUTION AGENDA ITEM TRACKING FORM
()h
/t
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
M,oi,. 0.. (D.. ^(p'" ~,h' D (" H'm'
Vote: Ayes Nays
Change to motion to amend original documents 0
tJ0 J{jj) R=1,,"00' J),~oIA; .
Abstain Absent 1-
Companion Resolutions
Null/Void After: days /
Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
Reso. Log Updated:
Seal Impressed:
o
o
Date Sent to Mayor:
Date of Mayor's Signature:
Date of ClerklCDC Signature:
Date Memo/Letter Sent for Signature:
I" Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Not Returned: 0
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I
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Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes No By_
Yes No By_
Yes No By_
Yes No By_
Yes No By_
Information Services 0
Parks & Recreation 0
Police Department 0
Public Services 0
Water Department 0
,
-~':
. . r.xn:LD1C A
* * FOR OFFICE USE ONLY - NOY,A PUBLIC DOCUMENT ** ""'.
-{;~~~+~?;.; ~'~l;~~~;.~r~' :~~'$~~~~' l"j~~~~5ff:~,~:'__", ~':'~':'~_~'\~i?!\~:l:~:~/~;;:f
.'..- .' CI1Y OF SAN BERNARDINO :'CITY CLERK'S OFFICE--'~"'~~" .
, 'c.,, . RECORDS & INFORMATION MANAGEMENT PROGRAM
!:-!> .
. ."-.'-
AGENDA ITEM TRACKING FORM
Meeting Date/Date Adopted: to//Jh Item No. /1/11 / d?
Resolution/Ordinance No. /11 - 'l2/C,i Ordinance Urgency~1 No
:::ive Date: Ayes: }{6tZ ::::nation/.(,~et Date: dJ.,
Abstain: -B-- Absent: -JJ 7
Date Sent to Mayor: ')/;/ t)?, Date Returned from Mayor:
Date of Mayor's Signature: ~/7 /0 c, Date of Clerk's Signature:
Date Summary Sent to Att rney' S I ~/tJ h Date Summary Returned from Attorney: :3 7' {J b
Date Published: :3 '13 Oh I
Meeting Type:
Continued FromIT
.J
Date Seal Impressed:
Date Sent for Signature:
Expiration Date:
Copies Distribute~
Exhibits Complete & Attached to ResolutiorilO
Rem i nder Letter Sent:
Reminder Letter Sent:
Reminder Letter Sent:
Request for Council Action & Staff Report Attached: Yes
Notes: ;yJJ;~ M- - 3/FCj~1: /de
To Whom:
LeL,
No
Ready to File:
.f fJ~~. c
Date:
3/~loi
I
DOCUMENT tQCAnoN:
fOItMSI~ lent TradcinI Focm~CC Form No. 111." ~ IV0411996