HomeMy WebLinkAbout08.B- Recreation & Community Services RESOLUTION (ID #2319) DOC ID: 2319
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Kevin L. Hawkins M/CC Meeting Date: 04/01/2013
Prepared by: Harriet Myers, (909) 384-5233
Dept: Parks, Recreation&Community Ward(s): 1
Services
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Rescinding
Resolution 2013-2 and Approving a Revised Facility Use Agreement Between the City and
Southern California Mountains Foundation (Formerly Known as San Bernardino National Forest
Association) for the Urban Conservation Corps (UCC) for Use of 140 East 5Th Street (The
Butler Building) Located at Seccombe Lake, San Bernardino CA, 92410. (At Meeting of March
18, 2013, Item Continued to April 1, 2013.) (#2319)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: <<Insert Amount>> Account No. <<Insert Account No.>>
Account Description: <<Insert Account Description
Balance as of. <<Insert Date>>
Balance after approval of this item: <<Insert Amount»
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred,but not yet processed.
Motion: Adopt the Resolution
Synopsis of Previous Council Action:
On March 18, 2013, Council continued this item until April 1, to give the City Manager time to
review. His memo regarding the matter is attached.
January 7, 2013 - Resolution 2013-2 of the Mayor and Common Council Approving a Facility
Use Agreement for the Urban Conservation Corps Use of 140 East 5th Street at Seccombe Lake.
May 7, 2012 - Resolution 2012-82 of the Mayor and Common Council of the City of San
Bernardino Approving the 2012-2013 Consolidated Action Plan and Authorizing the City
Manager to Execute Any and All Housing and Urban Development Department (HUD)
Contracts or Documents per Regulation - San Bernardino National Forest Association (CDBG) -
$15,000.
Background:
On January 7, 2013, the Mayor and Common Council approved a facility use agreement between
the City and Southern California Mountains Foundation for the Urban Conservation Corps for
the use of 140 East 5th Street(the Butler building), located at Seccombe Lake Park. On January
8, 2013, the Department was contacted by representatives from the UCC regarding additional
Updated: 3/27/2013 by Georgeann"Gigi"Hanna • _7
2319
changes to the agreement,which would allow for the expansion of UCC services to other park
sites.
Not opposed to the option, the Department approached the City Attorney's office as the best
course of action to facilitate the changes-side letter agreement or re-agendize for Mayor and
Common Council approval. Following a review of the issues,the City Attorney's Office
recommended re-agendizing the agreement. Once that determination was made, additional
agreement format changes were made by the attorneys for the Board of the Southern California
Mountains Foundation, with concurrence from our City Attorney's Office.
The Southern California Mountains Foundation(SCMF) (formerly known as San Bernardino
National Forest Association) was created in 1991. The mission of the SCMF is to assist in
managing public land on and near the San Bernardino National Forest which includes the
surrounding city parks and other open green spaces. In 2007,under the guidance of community
leaders from the City of San Bernardino, an Urban Conservation Corps Program was formed to
help carry out the mission of the SCMF and to help build a greater green industry workforce for
the Inland Empire.
URBAN CONSERVATION CORPS (UCC)
Since 2007, the Urban Conservation Corps has been one of the most successful workforce
development training programs for San Bernardino youth and young adults, especially those
from economically disadvantaged neighborhoods. Throughout the City, the Parks, Recreation
and Community Services Department has been a critical partner in support of UCC efforts. To
date,the UCC has donated (in-kind) over 100,000 service hours through its young adult corps,
AmeriCorps and the youth corps programs. The type of workforce skills that the Urban
Conservation Corps trains young people in include,but are not limited to the following:
General Park Maintenance/Landscaping
• Sprinkler installation, maintenance and repair
• Weed abatement
• Tree Cutting/Tree Planting/Tree Pruning/Tree Grubbing (provided that in no event shall
UCC be obligated to perform any such services which require the use of a ladder greater
in height than six feet)
• Trail maintenance
• Invasive weed removal
• Recycling
• Graffiti removal
• Fence repair, installation,removals as mutually agreed
• Painting as mutually agreed
Updated: 3/27/2013 by Georgeann"Gigi"Hanna Packet Pg. 177
2319
• Lake maintenance and restoration, including removal of cattails
• Blowing hardscapes
• Trashcan pickup
• Restroom repair, cleanup and maintenance
• Paver Installation as mutually agreed
• Other types of general cleanup and repair work as mutually agreed
This Resolution seeks to rescind Resolution 2013-2 and approve a revised Agreement to allow
UCC to occupy a vacant facility within Seccombe Lake Park, the Butler Building with the option
of expanded park maintenance at additional park sites. In exchange for use of the Butler
Building, this Agreement will allow UCC to utilize Seccombe Lake Park as an extension of their
park maintenance,urban forestry, community services, education and recreation curriculum(the
park remains open to the public), and in exchange will provide a high visibility for park patrons
as well as a daily full-park maintenance complement.
UCC CREWS
Under the Urban Conservation Corps, young people will be placed in work crews at Seccombe
Lake. These work crews will consist of 5 to 10 workers who will be supervised by 1 or 2
supervisors Monday through Friday from 6a.m to 2:30p.m. The age of the crew members will
range from 18 to 25 years old. In addition, all of the crew members are required to attend
several job-readiness training classes and classes to improve their work output.
City Attorney Review:
Supporting Documents:
Equipment use Memo_Parker(DOCX)
agrmt 2319 (PDF)
reso 2319 (PDF)
Pc
Updated: 3/27/2013 by Georgeann"Gigi"Hanna 1Cetgwm l7$
CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
CITY MANAGER'S OFFICE
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TO: Mayor and Common Council a
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FROM: Allen Parker, City Manager
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SUBJECT: Request from Urban Conservation Corps 0
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DATE: March 28, 2013
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COPIES: Jim Penman, City Attorney; Gigi Hanna, City Clerk
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At its meeting on March 18th, Council continued this item until April 1St m
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Because of possible liability and/or workers' compensation issues, the request of the Urban m
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Conservation Corps to utilize City-owned equipment has been referred to the City Attorney for O
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his review and recommendations.
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RECOMMENDATION: Receive and file this memorandum. D
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Entered Into Rec, at MCCICDc Mtg:
by: � �
Agenda ffem No: ps
by:
CITY OF SAN BERNARDWIeWCDC Secretary
INTEROFFICE MEMORAW n Bernardino
OFFICE OF THE CITY ATT
RE: AGENDA ITEM 2319
"SCMF/UCC Use of Butler Building at Seccombe Lake Park"
SECOND Revised Agreement
DATE: 1 April 2013
This attached agreement is an updated version from the agreement(s) distributed for the April 1,
2013 meeting of the Mayor and Common Council.
The change made at UCC's request, is found on Page 3, Section 2A, subsection 3 was added,
stating:
"The City shall provide a refuse container or such other equipment for disposal of
waste resulting in the performance of the services indicated in the attached Scope
of Services, which is attached hereto as Exhibit `A."'
Agenda Item 813
04/01/2013
Distributed at 4:15 pm
CITY OF SAN BERNARDINO
SOUTHERN CALIFORNIA MOUNTAINS FOUNDATION
FACILITY USE AGREEMENT
This Agreement is made and entered into as of the day of , 2013, by and
between the Southern California Mountains Foundation ("SCMF") (formerly known as
the San Bernardino National Forest Association) and the City of San Bernardino
("City„).
RECITALS
This Agreement is made with reference to the following facts:
A. The City owns Seccombe Lake Park (the "Park"), located in the City at 160 E. 5th
Street.
B. SCMF operates a program known as the Urban Conservation Corp ("UCC"), which is
a workforce training program for the benefit of inner-City youths, providing training
and services relating to park maintenance, urban forestry, community services, and
recreation.
C. Through the UCC, SCMF has available manpower to assist City in the maintenance
of the Park.
D. The Park includes a building (the 'Butler Building") located at 140 E. 5th Street
which could serve as a training and operations facility for UCC. The Park and the Butler
Building are sometimes collectively referred to as the "Facilities".
E. UCC operates various programs from time to time which require the use of training
facilities and require schedules extending for periods of several weeks or months
(collectively, the "Programs").
F. The parties desire to develop a framework for park maintenance which could be
expanded to other park facilities within the City.
Page 1
OPERATIVE PROVISIONS
Now therefore, the parties agree as follows:
1. TERM AND TERMINATION:
A. Term. The term of this Agreement shall be for three (3) years commencing on April
2, 2013 and ending on April 1, 2016, with the option of two, one-year renewals, each
exercisable upon written notice from UCC to City delivered not less than thirty (30)
days prior to the expiration of the then current term.
B. Termination Without Cause. Either party may terminate this Agreement by giving
the other party thirty (30) days advance written notice of termination, pursuant to the
notice requirements of this Agreement, provided that if City delivers a notice of
termination pursuant to this Section 1.13 which would become effective at a time when
UCC is implementing a Program from the Facilities, the effective date of the notice of
termination shall be deferred up to 30 days or until completion of the then-pending
Program, whichever occurs first, unless City provides alternative training facilities
acceptable to UCC for completion of the Program.
C. Termination For Cause. Should UCC materially breach this Agreement, and such
breach continues uncured for more than ten (10) days following UCC's receipt of
written notice from City describing the breach with particularity, City may summarily
terminate this Agreement by giving UCC five (5) days written notice of termination of
this Agreement.
2. USE OF CITY FACILITIES:
A. City:
1. Facility Use: UCC shall have exclusive use of the Butler Building, with
access available to UCC at all times. UCC will also have the non-exclusive
use of the entire Park grounds during regular park hours, as established
by the Mayor and Common Council. It is understood by UCC that the
Park will remain open to the public at all times, unless otherwise
authorized by the City.
Page 2
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2. Improvements: It is understood that, subject to the approval of the City's
Director of Parks, Recreation and Community Services ("Director"), UCC
may voluntarily make capital improvements to the Park at no cost to City.
No costs incurred or expenditures made by UCC in connection with such
capital improvements shall be reimbursed by City.
3. The City shall provide a refuse container or such other equipment for
disposal of waste resulting in the performance of the services indicated in
the attached Scope of Services, which is attached hereto as Exhibit"A."
B. UCC:
1. Use of Facilities: UCC will use the Facilities for training and educational
purposes, including classes and field work related to park maintenance,
urban forestry, community services, and recreation. This includes use of
the Park, which shall be pursuant to all City's rules and regulations.
2. Maintenance of Park and Facilities: UCC will provide the labor to
maintain the Facilities, including the entire Park grounds, as well as the
Building(s) it utilizes, clean of trash throughout the duration of this
Agreement. The Director may, on an as-needed basis, provide small tools
and/or equipment needed for the sole and exclusive purpose of the
performance of the services indicated in the attached Scope of Services.
3. Adherence to Laws and Regulations: UCC will ensure that all staff,
volunteers, and students adhere to all applicable laws including, but not
limited to, the City of San Bernardino Municipal Code Chapter 12.80 at all
times. All UCC staff and volunteers working with youth will be required
to be "live-scanned" consistent with the requirements of City volunteers.
3. PAYMENT AND SERVICES:
In lieu of paying facility rental fees, UCC will provide the City with the labor required
to perform the services indicated in the attached Scope of Services, These services shall
be organized and administered by UCC with approval of the Director. All services may
Page 3
be substituted for another service at the request of UCC and the approval of the
Director. Utility costs and/or internet costs are the sole responsibility of UCC.
4. INDEMNITY.
SCMF agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions damages and
liabilities of any kind and nature arising from bodily injury, including death, or
property damage, based or asserted upon any actual or alleged act or omission of
SCMF, its employees, volunteers, agents, students or subcontractors, relating to or in
any way connected with the accomplishment of the work or performance of services
under this Agreement, except to the extent that the bodily injury or property damage
was actually caused by the negligence or willful misconduct of the City, its elected
officials, employees, agents or representatives. As part of the foregoing indemnity,
SCMF agrees to protect and defend at its own expense including attorney's fees, the
City, its elected officials, employees, agents or representatives from any and all legal
actions based upon such actual or allege acts or omissions.
SCMF hereby waives any and all rights to any types of express or implied indemnity
against the City, its elected officials, employees, agents, or representatives, with respect
to third party claims against SCMF and/or UCC relating to, or in any way connected
with, the accomplishment of the work or performance of services under this Agreement.
5. INSURANCE:
While not restricting or limiting the foregoing, during the term of this Agreement,
SCMF shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of$1,000,000.00 per occurrence, combined single limit,
and statutory worker's compensation coverage, and shall file copies of said policies
with the City's Risk Manage prior to undertaking any work under this Agreement. City,
its departments agencies, boards, commissions, elected officials, attorneys, employees,
and agent shall be set forth as additional named insured in each policy of insurance
provide hereunder. The policy shall be without right of subrogation against the City.
The insurance provided shall carry the endorsement that "this insurance is primary and
noncontributory as respects to any losses or liability arising directly or indirectly from
Page 4
the insured's operations." The Certificate of Insurance furnished to the City shall require
the insurer to notify City at least 10 days prior to any change in or termination of the
policy.
6. NON-DISCRIMINATION:
In the performance of this Agreement and in the hiring and recruitment of employees,
SCMF shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in the employment of persons because of their race, religion, color,
national origin, ancestry, age, mental or physical disability, medical condition, marital
status, sexual orientation, or any other status protected by law, except as permitted
pursuant to Section 12940 of the California Government Code.
7. EXPANSION TO OTHER PARK FACILITIES:
Upon the mutual agreement of City and SCMF, the provisions of this Agreement may
be expanded to other park facilities within the City by the addition of a schedule
identifying for each added park: (i) the park location, (ii) the building facilities within
the park which are to be available to UCC, (iii) the exclusive and/or non-exclusive
nature of UCC's use of such buildings and (iv) the maintenance duties to be performed
by UCC at such park.
8. NOTICES:
Any notice to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
To City: To SCMF:
City Manager's Office Southern California Mountains Foundation
300 North "D" Street Attention: Rhonda Whittacker, CFO
San Bernardino, CA 92418 Address: 7177 Brockton Ave,Suite 333
Phone: (909) 384-5122 Riverside, CA 92506
Fax: (909) 384-5138 Phone: 951-682-7513
Fax: 951-682-7560
Page 5
9. ATTORNEY'S FEES:
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and
expenses, including reasonable attorney's fees, incurred by the prevailing party in the
exercise of any of its rights or remedies hereunder or the enforcement of any of the
terms, conditions or provisions hereof. The cost, salary and expenses of the City
Attorney and members of his office in enforcing this Agreement on behalf of the City
shall be considered as "attorney's fees" for the purpose of this paragraph.
10. VENUE:
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of
San Bernardino, State of California or the U.S. District Court for the Central District of
California, Riverside Division. The aforementioned choice of venue is intended by the
parties to be mandatory and not permissive in nature.
11. GOVERNING LAW:
This Agreement shall be governed by the laws of the State of California.
12. SUCCESSORS AND ASSIGNS:
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
13. HEADINGS:
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
14. SEVERABILITY:
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the
validity or enforceability of the remaining terms and provisions hereof or of the
offending provision in any other circumstance, and the remaining provisions of the
Agreement shall remain in full force and effect. In such event, however, the parties
Page 6
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agree to negotiate in good faith to amend this Agreement so as to replace any illegal,
invalid or unenforceable provision of this Agreement with a legal, valid and enforceable
provision that, to the extent possible, will preserve the economic bargain of this
Agreement.
15. ENTIRE AGREEMENT; MODIFICATION:
This Agreement constitutes the entire agreement and the understanding between the
parties, and supersedes any prior agreements and understandings relating to the subject
manner of this Agreement. This Agreement may be modified or amended only by a
written instrument executed by all parties to this Agreement.
Signatures Follow On Next Page...
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and date first above shown.
ATTEST: CITY OF SAN BERNARDINO
MUNICIPAL CORPORATION
AND CHARTER CITY
GEORGEANN HANNA,
CITY CLERK
BY:
ALLEN PARKER
CITY MANAGER
SOUTHERN CALIFORNIA MOUNTAINS FOUNDATION:
BY:
APPROVED AS TO FORM:
JAMES F. PENMAN,
CITY ATTORNEY
BY: '� "C
Page 8
EXHIBIT A
SCOPE OF SERVICES FOR FACILITY USE AGREEMENT
BETWEEN CITY OF SAN BERNARDINO AND
SOUTHERN CALIFORNIA MOUNTAINS
FOUNDATION FOR SECCOMBE LAKE PARK
Pursuant to the terms of the Agreement, UCC will perform general park
maintenance and landscaping at Seccombe Lake Park, including:
• Sprinkler installation, maintenance and repair
• Weed abatement
• Tree Cutting/Tree Planting/Tree Pruning/Tree Grubbing (provided that in
no event shall UCC be obligated to perform any such services which
require the use of a ladder greater in height than six feet)
• Trail maintenance
• Invasive weed removal
• Recycling
• Graffiti removal
• Fence repair, installation, removal as mutually agreed
• Painting as mutually agreed
• Lake maintenance and restoration, including removal of cattails
• Blowing hardscapes
• Trashcan pickup
• Restroom repair, cleanup and maintenance
• Paver Installation as mutually agreed
• Other types of general cleanup and repair work as mutually agreed
Exhibit "A" - Page 1
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA
BERNARDINO RECINDING RESOLUTION 2013-2 AND AUTHORIZING THE CITY
3 MANAGER TO EXECUTE A REVISED FACILITY USE AGREEMENT BETWEEN
THE CITY AND SOUTHERN CALIFORNIA MOUNTAINS FOUNDATIO
4 (FORMERLY KNOWN AS SAN BERNARDINO NATIONAL FOREST
ASSOICATION), FOR THE URBAN CONSERVATION CORPS, FOR USE OF 14
5 EAST 5TH STREET (THE BUTLER BUILDING) LOCATED AT SECCOMBE LAKE
6 PARK. a
WHEREAS, the Southern California Mountains Foundation("SCMF") (formerly known a
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as San Bernardino National Forest Association) was created in 1991 with the mission to assist in Q
g managing public land on and near the San Bernardino National Forest which includes the o
surrounding city parks and other open green spaces; and
9 in
WHEREAS,in 2007, under the guidance of community leaders from the City of San
10 Bernardino, an Urban Conservation Corps Program was formed to help carry out the mission of
11 the SCMF and to help build a greater green industry workforce for the Inland Empire; and
m
12 WHEREAS, since 2007,the Urban Conservation Corps has been one of the most w
successful workforce development training programs for San Bernardino youth and young m'
13 adults,especially those from economically disadvantaged neighborhoods, donating over 100,000 a°,
14 service hours through its young adult corps,AmeriCorps, and the youth corps programs; and D
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15
WHEREAS,Urban Conservation Corps desires to occupy a vacant facility within D
Seccombe Lake Park known as the Butler Building and to utilize Seccombe Lake Park as an
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16 extension of their park maintenance,urban forestry, community services, education and Cn
recreation curriculum in exchange for providing a high visibility for park patrons as well as a
17 daily full-park maintenance complement; and
18 T'
WHEREAS,on January 7, 2013, the Mayor and Common Council adopted Resolution N
19 2013-2 authorizing the City Manger to execute a Facility Use Agreement with SCMF for the use N
of the Butler Building and Seccombe Lake Park,however on January 8,2013,the City was
20 informed that SCMF desired changes to the agreement, and thus the agreement was never
21 executed by either party; E
22 NOW,THERFORE, BE IT RESOLVED BY THE MAYOR AND COMMON a
23 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
24 SECTION 1. Resolution 2013-2,approved by the Mayor and Common Council
25 on January 7,2013, is hereby rescinded.
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1 SECTION 2. The City Manager is hereby authorized and directed to execute a
2 revised Facility Use Agreement,attached hereto and incorporated herein, marked Exhibit"A,"
3 with Southern California Mountains Foundation(formerly known as San Bernardino National
4 Forest Association) for Urban Conservation Corps, for use of 140 East 5"' Street,the Butler
5 Building, located at Seccombe Park in exchange for providing visibility in the park and daily
6 park maintenance.
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SECTION 3. The authorizations granted herein are rescinded if the Agreement is
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not fully executed within sixty (60) days of the passage of this Resolution.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA
BERNARDINO RECINDING RESOLUTION 2413-2 AND AUTHORIZING THE CITY
2 MANAGER TO EXECUTE A REVISED FACILITY USE AGREEMENT BETWEEN
THE CITY AND SOUTHERN CALIFORNIA MOUNTAINS FOUNDATIO
3 (FORMERLY KNOWN AS SAN BERNARDINO NATIONAL FOREST
ASSOICATION), FOR THE URBAN CONSERVATION CORPS, FOR USE OF 14
4 EAST 5" STREET (THE BUTLER BUILDING) LOCATED AT SECCOMBE LAKE
5 PARK.
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6 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an a
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7 Common Council of the City of San Bernardino at a meeting thereof, J
8 held on the day of ,2013,by the following vote,to wit:
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9 Council Members: AYES NAYS ABSTAIN ABSENT a
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17 Oeorgeann Hanna, City Clerk N
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The foregoing resolution is hereby approved this day of ,2013. o
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Patrick J. Morris, Mayor
21 City of San Bernardino
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Approved as to form:
23 JAMES F. PENMAN,
City Attorney
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By: -�
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