HomeMy WebLinkAbout09-Animal Control
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Kenneth Childress
Subject: Resolution authorizing the
Mayor to execute an animal housing
services agreement by and between the
City of San Bemardino and the City of
Grand Terrace for the period 11/01/2003
through 6/3012006
MlCC Meeting Date: October 6, 2003
Dept: Animal Control
Date: September 8, 200RIGlNAt
Synopsis of Previous Council Action:
None.
Recommended Motion:
Adopt resolution.
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Signature
Contact person: K-annAth ~hlltt.......
Phnna- ~R4--~"7~
Supporting data attached: Staff Rennrt
Ward'
FUNDING REQUIREMENTS: Amount: None - Revenue Contract with three
year estimate of $15,845.00.
Source: (Acct. No.)
(AI"t1 n,:u~t'"riptinn)
Finance:
Council Notes:
~ .J:l; z..cb;S- 2f''II..(
Agenda Item No. -3
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
Resolution authorizing the Mayor, on behalf of the City of San Bernardino to execute an animal
housing services agreement by and between the City of San Bernardino and the City of Grand
Terrace from November 1, 2003 through June 30, 2006.
Back2round:
The City of San Bernardino currently provides animal sheltering services to the City of Colton
who provides their own animal control program. The City of Colton has proposed to contract
with the City of Grand Terrace to provide animal control to Grand Terrace. The City of Grand
Terrace has proposed a separate contract for animal housing services with the City of San
Bernardino. The City of Colton would transport animals on behalf of Grand Terrace to the San
Bernardino shelter and San Bernardino would charge a per animal fee to hold the animals for the
required holding period. City of Grand Terrace would be responsible for any emergency animal
treatment.
The proposed contract would charge the current per animal fee of $30.00 for each dog and
$19.00 for each cat less 50% adjustment for owner surrendered animals (calculated at 20%). In
addition, there will be an annual charge of $750.00 for disposal. Vaccination, board, adoption,
and owner turn-in fees will be retained by the City of San Bernardino. License, apprehension
and related penalty fees will be returned to the City of Grand Terrace.
Financial ImDact:
Year 1 estimated total (69 dogs and 74 cats and disposal charge) = $3,633.00
(Pro-rated at 8 months)
Year 2 estimated total (118 dogs and 127 cats and disposal charge) = $6,106.00
Year 3 estimated total (118 dogs and 127 cats and disposal charge) = $6,106.00
Contract three year estimated total general fund revenues = $15,845.00
Recommendation:
Adopt resolution.
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RESOLUTION ~ fY
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN ANIMAL
HOUSING SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN
BERNARDINO AND THE CITY OF GRAND TERRACE FROM NOVEMBER 1, 2003
THROUGH JUNE 30, 2006.
WHEREAS, state law requires that all cities and counties provide rabies control
programs that include an animal sheltering system; and,
WHEREAS, the City of Grand Terrace desires to be in compliance with state
and local laws in the provision of an animal sheltering system; and,
WHEREAS, the CITY OF SAN BERNARDINO possesses the qualified personnel and
12 facilities to perform such services and carry out such programs; and,
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NOW, THEREFORE, 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 the CITY OF SAN BERNARDINO an
Agreement for Services with the City of Grand Terrace for animal housing services, a copy of
which is attached hereto and incorporated herein, marked as Exhibit "A".
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN ANIMAL
HOUSING SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN
BERNARDINO AND THE CITY OF GRAND TERRACE FROM NOVEMBER 1, 2003
THROUGH JUNE 30, 2006.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting thereof, held
on the
day of
, 2003, by the following vote, to wit:
Council Members:
NAYS
ABSTAIN ABSENT
AYES
ESTRADA
LIEN-LONGVILLE
MCGINNIS
DERRY
SUAREZ
ANDERSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
day of
,2003.
Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
By:k j./~
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ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND
TERRACE AND THE CITY OF SAN BERNARDINO
EXHffiIT A
THIS AGREEMENT ("Agreement") is entered into this 1st day of November
2003, by and between the CITY OF SAN BERNARDINO, a municipal corporation
(hereinafter "San Bernardino"), and the City of Grand Terrace, a municipal corporation
(hereinafter "Grand Terrace").
WHEREAS, Grand Terrace desires to provide for its citizens an animal housing
service; and
WHEREAS, San Bernardino has an animal shelter and other facilities and
resources that qualify it to provide animal housing services for Grand Terrace for
handling the impounding and disposal of animals;
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES,
COVENANTS, AND CONDITIONS CONTAINED HEREIN, THE PAR TIES
MUTUALLY AGREE THAT:
I. Scope of Services. San Bernardino will impound, care for and dispose of animals
delivered to the San Bernardino Animal Shelter by residents of, or official
representatives of, Grand Terrace according to the provisions of this agreement.
2. Impounding and Disposal of Animals. San Bernardino shall, through its Animal
Control Department, accept, impound and dispose of dogs, cats or other animals,
which are delivered to the San Bernardino Animal Shelter by an agent, officer, or
employee of Grand Terrace, and all loose or stray dogs and cats brought to the
San Bernardino Animal Shelter by anyone from within the incorporated area of
Grand Terrace. San Bernardino shall, for and on behalf of Grand Terrace,
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ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND
TERRACE AND THE CITY OF SAN BERNARDINO
pursuant to applicable laws, release to owner, adopt, humanely destroy, or
otherwise dispose of all animals received. No domesticated animal shall be
disposed of without an attempt to notify the owner, if the owner is known by San
Bernardino. San Bernardino is not obligated to accept or dispose of healthy
wildlife. San Bernardino shall not provide for emergency veterinary care.
Grand Terrace is responsible for transporting and seeking appropriate
emergency treatment for ill and/or injured animals.
3. Holding Periods. No healthy stray dog, stray cat, or other stray domesticated
animal shall be disposed before the time allotted for under state law unless the
owner of the animal gives written authorization for earlier disposal. After the
required holding period, the animal becomes the property of San Bernardino and
San Bernardino is authorized to dispose of the animal in any manner permitted by
law, including City of San Bernardino ordinances. Animals requested by Grand
Terrace to be held longer than required by law, other than rabies quarantine, shall
additionally be charged by the prevailing Daily Board Fee, as set by City of San
Bernardino Resolution (such instances shall include, but are not limited to:
animals held as "evidence" in cruelty or other court cases). Rabies quarantined
animals will be held for ten (10) days from the date of the bite with no additional
charge to Grand Terrace. Animals surrendered by the owner shall be held in
accordance with state law.
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ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND
TERRACE AND THE CITY OF SAN BERNARDINO
4.
Warrantv of Lawful Aoorehension. Grand Terrace warrants to San Bernardino
that all animals impounded by its agents, employees or other authorized
representatives have been apprehended and impounded pursuant to existing laws.
5. Consideration.
a. Grand Terrace shall pay to San Bernardino, during the period November I,
2003 through June 30, 2006, $30.00 for any canine (dog or puppy), and
$19.00 for any feline (cat or kitten) impounded. A litter of unweaned puppies
and kittens shall be charged as one animal and may be euthanized
immediately upon impounding by mutual agreement of Grand Terrace and
San Bernardino. Animals delivered by Grand Terrace that have been released
by their owners in writing shall be charged at 50% of the per animal fee.
Additionally, Grand Terrace shall pay for livestock and other animals
delivered to San Bernardino under the terms of this agreement the following
fees:
DAILY BOARD AND CARE
LARGE LIVESTOCK (Over 500 lbs)
12.50
(Horses, Mules, Donkeys, Cattle, etc)
MEDIUM LIVESTOCK ( 25 to 500 lbs)
10.00
(Goats, Sheep, Pigs, etc.)
OTHER SMALL ANIMALS
5.00
(Rodents, Rabbits, Chickens, Birds, etc)
San Bernardino shall present an invoice on or before the tenth day of each
month for the amount due. Grand Terrace shall pay said invoice not later than
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ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND
TERRACE AND THE CITY OF SAN BERNARDINO
the last day of the month in which billed. Grand Terrace shall pay an annual
fee of$ 750.00 for dead animal disposal, which shall be billed to Grand
Terrace in each July invoice. The dead animal disposal amount for the period
November 1,2003 through June 30, 2004 will be pro-rated at $500.00 and
will be included in the first month's invoice.
b. Grand Terrace shall promptly review invoices and notify San Bernardino of
any objection thereto; absent such objection in writing within ten (10) days of
the date of the invoice, the invoice shall be deemed proper and acceptable.
c. If Grand Terrace fails to pay San Bernardino within thirty (30) days after the
invoice is submitted, Grand Terrace agrees that San Bernardino shall have the
right, after written notice to Grand Terrace, to consider such default in
payment a material breach of this entire agreement. Grand Terrace shall have
ten (10) days following the date of such written notice within which to correct
such breach. If Grand Terrace continues to fail to make payment, the duties,
obligations and responsibilities of San Bernardino under this agreement are
terminated. Such termination by San Bernardino does not release Grand
Terrace from the obligation to pay San Bernardino for services rendered
according to Section 5(a) above.
d. Grand Terrace may withhold payment of any disputed sums until satisfaction
of the dispute with respect to such payment. Grand Terrace must give written
notice to San Bernardino within ten (10) days of the date of the disputed
invoice if Grand Terrace is disputing any sum under sub-paragraph 5(b).
Such withholdings shall not be deemed to constitute l!- failure to pay as that
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ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND
TERRACE AND THE CITY OF SAN BERNARDINO
term is used in sub-paragraph 5(c). San Bernardino shall not discontinue its
service for a period of thirty (30) days from the date ofthe withholdings, as a
result of such withholding. San Bernardino shall have the right of app.eal to
the Mayor and City Council of Grand Terrace with respect to such disputed
sums. The determination of the Mayor and City Council of Grand Terrace
with respect to such matter shall be final. San Bernardino shall be entitled to
receive interest on any withheld sums at the rate of seven percent (7%) simple
per annum from the date of withholding of any amounts found to be
improperly withheld. For any disputed sum, either party may attempt to
collect a debt through a civil proceeding.
6. Voluntarv Disposal. San Bernardino is authorized to accept a dog, cat or other animal
from its owner residing within the incorporated area of Grand Terrace. In such cases,
no charge shall be made against Grand Terrace for its disposal. San Bernardino may
charge the owner a fee for such services.
7. Deputization. San Bernardino animal control officers, agents or employees shall be
authorized to collect Grand Terrace's license, apprehension, and related penalty fees
at the Animal Shelter, as directed by Grand Terrace, for all animals received under
this agreement. Grand Terrace will furnish such license forms and receipt books as
may be deemed necessary. San Bernardino shall provide all animal impound records
and release forms to Grand Terrace.
8. Funds Collected bv San Bernardino. Rabies vaccination deposits shall be retained by
San Bernardino, and shall be refunded to the depositor upon presentation of proof of
vaccination. Fees for voluntary owner turn-in, adoption, micro- chipping, daily board
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ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND
TERRACE AND THE CITY OF SAN BERNARDINO
fees and vaccination fees shall be retained by San Bernardino. All other monies
collected by San Bernardino for Grand Terrace in connection with this agreement
shall be paid to Grand Terrace on or before the twentieth day of each month
following collection.
9. Term. This agreement shall become effective November 1,2003 and end June 30,
2006.
10. Indemnification. Grand Terrace agrees and promises to indemnify, defend and hold
harmless San Bernardino, its officers, elected officials, employees and agents, from
and against all actions, causes of action, claims, demands, lawsuits, costs and
expenses, and liability for damages to persons or property that may be asserted or
claimed by any persons, firms, entity, corporation, political subdivision, or other
organizations arising out of, or in connection with, the performance of this
Agreement, excluding such actions, claims, demands, lawsuits, and liability for
damages to persons or property arising from the negligence or willful misconduct of
San Bernardino, its officers, elected officials, employees or agents. Said sums shall
include, in the event oflegal action, court costs, expenses oflitigation, and reasonable
attorney's fees. The costs, salary, and expenses of the San Bernardino City Attorney
and members of his or her office in enforcing this Agreement on behalf of San
Bernardino shall be considered as "attorney's fees" for the purposes of this paragraph.
II. Termination. This Agreement may be terminated by either party upon 90 days written
notice. In the event oftermination, San Bernardino shall be paid for the work
performed under this agreement to the date oftermination.
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ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND
TERRACE AND THE CITY OF SAN BERNARDINO
12. Cooperation. Grand Terrace agrees to cooperate in good faith with San Bernardino in
San Bernardino's performance of duties under this Agreement.
13. Warrantv. San Bernardino makes no warranty, either express or implied, as to its
findings, recommendations, plans, reports, professional advice or other work.
14. Independent Contractor. San Bernardino shall be an independent contractor and not
an employee, nor shall any of San Bernardino's employees, agents or subcontractors
operating under this Agreement be an employee of Grand Terrace.
15. Conflict of Interest.
a. San Bernardino or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (I) requires such
persons to disclose financial interests that may be materially affected by the work
performed under this Agreement, and (2) prohibits such persons from making or
participating in making decisions that will foreseeably financially affect such
interest.
b. San Bernardino shall conform to all requirements of the Act. Failure to do so
constitutes a material breach and is grounds for termination of the Agreement by
Grand Terrace.
16. Invalidation.
In the event any provision ofthis Agreement is held to be invalid and unenforceable,
the remaining provisions of this Agreement shall remain valid and binding on the
parties thereto.
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ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND
TERRACE AND THE CITY OF SAN BERNARDINO
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17. Notices.
A notice required or desired to be given pursuant to this Agreement shall be given in
writing and sent by certified mail, return receipt requested, addressed as follows:
Grand Terrace
San Bernardino
Assistant City Manager
City of Grand Terrace
22795 Barton Road
Grand Terrace, CA 92313
(909) 430-2226
Director of Animal Control
City of San Bernardino
333 Chandler Place
San Bernardino, CA 92408
(909) 384-5275
Any notice so given shall be considered served on the other party three (3) days after
the date of mailing. The address for the notice may be changed by giving written
notice of such change pursuant to this paragraph.
. 18. Understandings. There are no understandings or agreements except as expressly
stated herein.
19. Attornev Fees. In any litigation relating to this Agreement, the prevailing party shall
be entitled to reasonable attorney fees. The costs, salary and expenses of any in-
house counsel and/or the City Attorney and members of his /her office in enforcing
this Agreement shall be considered as "attorney fees" for the purpose of this
paragraph.
20. Entire Agreement. This contract constitutes the entire Agreement between Grand
Terrace and San Bernardino and may be modified only by further written agreement
between the parties through their respective authorized bodies.
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ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND
TERRACE AND THE CITY OF SAN BERNARDINO
21. Construction of Provisions and Titles. All titles or subtitles appearing in this
Agreement have been inserted for convenience and shall not be deemed to affect the
meaning or construction of any of the terms or provisions of such Agreement.
IN WITNESS WHEREOF, the parties have accepted, made and executed this
Agreement upon the terms, conditions and provisions above set, on the date first
herein above written.
Grand Terrace
A Municipal Corporation
City of San Bernardino
A Municipal Corporation
By:
Lee Ann Garcia, Mayor
By:
Judith Valles, Mayor
Attest:
Attest:
City Clerk
City Clerk
Approved as to form and legal content:
City Attorney
City Attorney
By:
John Harper
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CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION
STAFF REPORT
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Subiect:
Resolution of the Mayor and Common Council of the City of San Bernardino declaring
the intention to establish a community facilities district for the ongoing operation and
maintenance of a fire station for the Verdemont area.
Backl!round:
On September 2, 2003, the Mayor and Common Council authorized the initiation ofthe
first steps in the process for the formation of a Special Tax District for the payment of a
portion of the costs of the Verdemont Fire Station. Attached for consideration is a
Resolution ofIntention for the formal initiation of the Special Tax District formation
process.
Also attached is a spreadsheet setting forth the assumptions that were used to determine
the special tax rate for residential development on an annual basis and the special tax rate
for industrial, commercial and retail projects. The special tax is subject to an annual
increase of2% per year. The initial year tax rate for residential units is $375 per dwelling
unit and $2,445 per acre for industrial, commercial and retail projects and which tax rate
is also subject to a 2% annual increase.
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Additional document in the form ofresolutions and ordinances will be brought forward to
the Mayor and Common Council to amend the Municipal Code to include a Verdemont
Fire Station operations mitigation fee. Each developer of a new project in the Verdemont
Fire Station Service Area will have the ability to either pay the mitigation fee as will be
required in the proposed amendments to the Municipal Code or to elect to annex into the
Mello-Roos special tax distinct. It is estimated that the upfront mitigation fee would be
equal to $6,803.45 for each residential dwelling unit and $44,358.47 per acre for each
industrial, commercial and retail project within the Verdemont Fire Station Service Area.
Both the special tax and the Verdemont Fire Station operations mitigation fee would only
apply to newly developed projects in the Verdemont Fire Station Service Area and not to
any existing development.
Fiscal ImDact:
It has been assumed that the City will be required to pay a substantial portion of the
operating expenses for the Verdemont Fire Station until such time as a significant amount
of new development has occurred in the Verdemont Fire Station Service Area. It is
possible that upon full build-out of the Verdemont Fire Station Service Area perhaps
upwards 000% to 50% of the annual operating and maintenance costs of the Verdemont
Fire Station would be paid through the special tax and the Verdemont Fire Station
Operations Mitigation fee with the City General Fund paying the remaining operations
and maintenance expenses annually.
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Recommendation:
Adopt Resolution.
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OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. - CITY CLERK
300 North "D" Street. San Bernardino' CA 92418-0001
909.384.5002' Fax: 909.384.5158
www.cLsan-bernardino.ca.us
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October 9, 2003
Ms. Brenda Stanfill, City Clerk
City of Grand Terrace
22795 Barton Road
Grand Terrace, CA 92313
Dear Ms. Stanfill,
At the Mayor and Common Council meeting of October 6, 2003, the City of San Bernardino
adopted Resolution 2003-274 - Resolution authorizing the Mayor to execute an Animal Housing
Services agreement by and between the City of San Bernardino and the City of Grand Terrace
from November 1, 2003 through June 30. 2006.
Enclosed is one (I) original agreement. Please obtain signatures in the appropriate location and
return the original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318,
San Bernardino, CA 92402, as soon as possible.
Please retain a copy of the agreement for your files.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely,
,17l rd..t'!LC ~1 (&''-.-
Michelle Taylor U
Senior Secretary
Enclosure
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty
22795 Barton Road
Grand Terrace
California 92324-5295
Civic Center
(909) 824-6621
Fax (909) 783-7629
City Clerk's
Department
October 29, 2003
City of San Bernardino
City Clerks Office
P.O. Box 1318
San Bernardino, CA 92402
Attention: Michelle Taylor
Dear Ms. Taylor:
The Grand Terrace City Council, at their meeting held October 23,2003, approved the
Animal Housing Services Agreement between the City of Grand Terrace and the City
of San Bernardino.
Enclosed is the original agreement with the appropriate signatures. If you have any
questions please contact our office.
Sincerely,
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Brenda Stanfill
City Clerk
enclosure
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
October 31, 2003
TO:
Ken Childress, Director of Animal Control
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2003-274 - Animal Housing Services Agreement
CC:
Attached is a fully executed copy of the animal housing services agreement between the City of
Grand Terrace and the City of San Bernardino. The original agreement is on file in the City
Clerk's Office.
If you have any questions, please call me at ext. 3206.
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): Ie ,(., ~o3 Item # 9
Vote: Ayes 1-'1 Nays.(!3'
Change to motion to amend original documents:
2003-2'1Y
Resolution #
Abstain .-a-
Absent -G>-
Reso. # On Attachments: 1 Contract term:
Note on Resolution of Attachment stored separately:-=-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: 10- I( -06
Date of Mayor's Signattue: IO-~-o:s
Date ofClerk/CDC Signattue: IO.-ls'-Q3
Date Memo/Letter Sent for Signattue:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
/o..q'G3
NullNoid After: -
By: -
Reso. Log Updated: -----
Seal Impressed: ~
See Attached: ~ate Returned:
See Attached:
See Attached:
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):
Copies Distributed to:
,,/'
Code Compliance Dev. Services
Police Public Services Water
City Attorney
Parks & Rec.
Notes:
Yes L No By
Yes No ,/ By
Yes No ,/ By
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Yes No / By
Yes No -;/ B
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EDA
Finance MIS
Others: ..4nllllltt- ("()r]'Tft<:>!....
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE rContract Term. etc.)
Ready to File: _
Date:
Revised 01/12/01