HomeMy WebLinkAbout21-Development Services
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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK,
Director
Subject: Resolution Establishing Fair
Market Value and Giving Notice Inviting
Bids - Two City owned Parcels N/E
corner of Pine and Belmont and S/E
corner of Ohio and Pine
Dept: Development Services
Date: April 21, 2005
File No. 15.05-242
Synopsis of Previous Council Action:
Authorization to proceed was approved by the Mayor and Common Council on April 4, 2005.
I
MCC Date: 05-16-2005
Recommended Motion:
Adopt Resolution
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Contact person: GLORIA J. PEDERSEN
Phone: 5226
Supporting data attached: Staff Report, Map, Res. Ward: 5
FUNDING REQUIREMENTS: Amount: Closing Costs (Unknown At This Time)
001-000-4925-0000
Source: (Acct. No.) From proceeds of sale
(Acct. Description) Sale of Misc. Property
Finance:
Council Notes:
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution Establishing Fair Market Value and Giving Notice Inviting Bids - two City owned
parcels located at the Northeast comer of Pine and Belmont and the Southeast comer of Ohio and
Pine.
BACKGROUND:
On April 4, 2005 staff was authorized to proceed with the sale of this surplus Water Department
property.
The subject property consists of two adjacent parcels. Parcell is located at the northeast comer
of Pine and Belmont Avenue and is 6.56:1:: acres. Parcel 2 is located north of Parcel 1 and is
7.16:1:: acres. These Parcels were acquired by the Water Department in 1977 and intended as a
future site for a reservoir. In 1988 a portion ofthe property was quit claimed for the
development of Redwood Street, which provided access to another tract. As the Water
Department further refined its requirements for storage, including necessary elevations, the
Department determined that this site would not be viable as a future reservoir site. On July 27,
2004 the Board of Water Commissioners declared this property as surplus and authorized its
sale.
The two parcels were appraised together by Tierra West Appraisal & Land Use Dynamics, Inc.
for a total Parcel size of 13.72:1:: acres. The Parcels are zoned RL - Residential Low Density.
The appraised value of the two parcels is $970,000.00, or $1.62 per square foot. The appraiser
diminished the value of the property because of a 40- foot wide easement in favor of the San
Gabriel Valley Municipal Water District for a 60-inch high-pressure waterline. Staffhas
reviewed the appraisal and concurs with the determination of value by the appraiser.
Notice of sale of these two surplus parcels was sent to all City departments and it was
determined that there are no conflicts or request for reservation of the property.
The proceeds of the sale, less any costs incurred, will be forwarded to the Water Department
upon conclusion of the sale. As stated in the City Charter Article IX, Section 164, 10% of Water
Department revenues may be transferred to the City's General Fund.
The City Charter requires that any real property sales of $25,000 or higher be sold through the
public bid process. The attached Resolution establishes the fair market value for these two
parcels as set forth above, and declares these parcels as surplus property and authorizes the
advertising of a N~tice Inviting Bids.
As stated in the Resolution and Bid Specifications, the bids will be opened and declared at 2:00
P.M. on June 8, 2005. The results of the bids will be submitted at the Council Meeting of July 5,
2005 for your review and action. Oral bids may also be considered at that time.
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FINANCIAL IMPACT:
All costs relative to this sale (staff time, escrow, title and closing costs, etc.) will be paid for from
the sale proceeds. Ten percent of the sale proceeds to the Water Department may be transferred
to the City.
RECOMMENDATION:
Adopt Resolution.
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SPECIFICATION NO. 15.05-242
NOTICE OF SALE OF REAL PROPERTY:
NORTHEAST CORNER OF PINE AND BELMONT AVENUES
SOUTHEAST CORNER OF OHIO AND PINE AVENUES
REQUIREMENTS OF BIDDING AND SALE
NOTICE IS HEREBY GIVEN inviting sealed bids for the sale of City owned property, as
authorized by action of the Mayor and Common Council of the City of San Bernardino.
1. LOCATION AND DESCRIPTION OF PROPERTY TO BE SOLD:
(A) Property Location: The subject property consists of 2 contiguous parcels of V ACANT
land totaling approximately 13.72 acres located on the Northeast comer of Pine and Belmont
Avenues and the Southeast comer of Ohio and Pine Avenues, San Bernardino, California, referred
to as Assessor's Parcel Numbers 0261-101-16, 17. A full legal description is attached hereto, marked
Exhibit "A".
(B) Zoning: and Use: The subject property is currently zoned as RL (Residential Low
Density). The property is presently vacant with no improvements existing on the site.
(C) Condition of Pro pert v: The subject property is being sold "AS-IS".
2. MINIMUM BID:
The minimum acceptable bid (net of any broker fees) for said real property is $970,000.
3. INSPECTION:
The subject property may be inspected by any potential bidders at will.
4. SEALED BIDS:
Sealed bids, submitted on the Official Bid Form attached, will be received in the Real
Spec242
05/17/05
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Property Section, Development Services Department, Third Floor, City Hall, 300 North "D" Street,
San Bernardino, California, until the hour of2:00 P.M., June 8, 2005, at which time all bids received
will be publicly opened and declared. All bids must be accompanied by a cashier's check in an
amount of at least 10% (TEN PERCENT) of the amount bid. The results of said bidding shall be
submitted to the Mayor and Common Council at their next regularly scheduled meeting on July 5,
2005 at the hour of 4:00 P.M., or as soon as possible, thereafter.
5. ORAL BIDS:
Oral bids may be made at the Council Meeting stated above. Oral bids may be received in
$100 increments for the outright purchase of the property, provided that the initial oral bid shall be
an amount not less than the highest sealed bid plus 10% (TEN PERCENT). In the event of a
successful oral bid, a cashier's check in an amount of at least 10% (TEN PERCENT) of the bid
amount shall be deposited with the City Clerk within two hours of the awarding ofthe bid or the end
of said meeting, whichever shall occur later.
6. UNSUCCESSFUL BIDS:
All sealed bid deposits of unsuccessful bidders will be promptly returned, without interest,
after determination of the successful bidder by the Mayor and Common Council, or upon rejection
of all bids.
7. REJECTION OF BIDS:
The Mayor and Common Council shall have the right to reject any and all bids.
8. SUCCESSFUL BIDDER:
The successful bidder, as determined by the Mayor and Common Council, will be required
to execute a mutually acceptable purchase agreement and to enter into escrow within 30 (THIRTY)
Spec242
05/17/05
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days after said determination of the successful bidder. The escrow instructions shall include, but not
be limited to:
A. The recording of the Grant Deed from the City and the closing of escrow within sixty
(60) days of entering into escrow.
B. The successful bidder shall deposit the entire bid amount for the property, plus the
amounts necessary as outlined in Paragraph C and D below, less the bid deposit amount,
within said sixty (60) day escrow period. The City may consider terms for any portion
ofthe bid amount and will give consideration to all factors, including amount and length
of terms and interest rate to be paid, in determining the successful bidder. The amount
to be carried by the City shall be secured by a Note and Deed of Trust or other instnunent
acceptable to the City. h1 the event of two or more equal bids, the City reserves the right
to select the bidder based on the most favorable terms.
C. Escrow, title policy and all other fees and closing costs shall be split equally between the
City and the successful bidder.
D. Broker's commission, if any, shall be paid in its entirety by the purchaser, over and above
the bid amount
E. h1 the event of any failure by the successful bidder to execute and complete escrow
instructions within the allotted time, the deposit made by the successful bidder shall be
retained by the City as liquidated damages and not as a penalty in the event of any failure
on the part of the successful bidder.
Spec242
05/17/05
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CITY OF SAN BERNARDINO
REAL PROPERTY SECTION
OFFICIAL BID FORM - SALE OF REAL PROPERTY
LOCATION OF PROPERTY BEING SOLD:
VACANT LAND ON THE NORTHEAST CORNER OF PINE AND BELMONT A VENUES AND
SOUTHEAST CORNER OF OHIO AND PINE AVENUES
PER SPECIFICATION NO. 15.05-242
In compliance with Specification No. 15.05-242, concerning the sale of the above City-owned property, the following bid is submitted:
Dollars ($
),
payable as follows: $
to be deposited into escrow prior to close of escrow,
and the balance to be paid as follows:
[] annual [] monthly payment(s) of$
. plus
interest at the rate of
% per annum on the unpaid balance.
Attached is a cashier's check payable to the CITY OF SAN BERNARDINO, in an amount equal to at least ten percent (10%)
of the above bid, which I understand will be returned without interest if I am not the successful bidder as determined by the Mayor and
Common Council of the City of San Bernardino. Submission of this bid signifies that I understand and concur with the provisions
outlined in Specification No. 15.05-242. and that I understand the subject property is being sold in an "AS-IS" condition.
SIGNATURE
PRINTED NAME OF BIDDER
MAILING ADDRESS
TELEPHONE NO.
CITY, STATE, ZIP CODE
Sealed bids, submitted on this official Bid Form, will be received until 2:00 P.M., June 8, 2005, in the Real Property Section,
Development Services Department, 3rd Floor, City Hall, 300 N. "D" Street, San Bernardino, California, 92418, at which time they will
be publicly opened, examined and declared.
NOTE: BIDS WILL NOT BE ACCEPTED UNLESS ALL BLANKS HAVE BEEN FILLED IN. ALL
SEALED BIDS MUST HAVE THE FOLLOWING INFORMATION ON THE LOWER LEFT-HAND
CORNER OF THE BID ENVELOPE:
SEALED BID
SALE OF CITY PROPERTY
SPECIFICATION NO. 15.05-'242
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EXHIBIT" A"
That portion of Block, 39, Irvington Land and Water Company Subdivision, as per plat
recorded in Book 3 of Maps, Page 9, and in Book 1 of Records of Survey, Page 32,
Records of San Bernardino County.
Together with that portion of Ohio Avenue lying Northeasterly of said Block 39 and that
portion of Belmo1'l.t Avenue, lying Southwesterly of said Block 39, as vacated by Order of
the Board of Supervisors of the County of San Bernardino, on February 21, 1910 in Book
"C", Page 250 of Supervisors minutes.
EXCEPTING THEREFROM the Northwesterly 60 feet thereof, as conveyed to the
Metropolitan Water District of Southern California, by Deed recorded April 19, 1971 in
Book 7649, Page 341, Official Records, of said County.
ALSO EXCEPTING THEREFROM, that portion establishing a boundary of Redwood
Street and dedicating same for street and highway purposes described as Parcel No. 1 in
City of San Bernardino Resolution No. 88-173, approved June 7,1988 more particularly
described as follows:
That portion of Block 39; Irvington Land & Water Company Subdivision as per plat
thereof recorded in Book 1 of Records of Survey, Page 32, records of the County
Recorder of San Bernardino County, described as follows:
A strip ofland 60.00 feet wide, lying 30.00 feet on each side of the following described
centerline:
Beginning at a point on the centerline of Pine Avenue that lies South 270 12' 49" West a
distance of790.06 feet from its intersection with the centerline of Ohio Avenue as shown
on Record of Survey recorded in Book 31 of Records of Survey, pages 40-42, records of
the County Recorder of said County; thence South 620 47' 55" East, a distance of 545.91
feet to a point on the East line of said Block 39 and the Point of Termination.
EXCEPTING Therefrom any portion thereof lying Westerly of the Easterly line of the
property conveyed to the Metropolitan Water District of Southern California by
document recorded April 19, 1971 in Book 7649, Page 341, Official Records of said
County.
The sidelines of said strip shall be prolonged or shortened so as to begin in the Easterly
line of said Metropolitan Water District land and to terminate in the Easterly line of said
Block 39.
TOGETHER WITH the following described real property:
That portion of Sections 6 and 7, Township 1 North, Range 4 West, San Bernardino Base
and Meridian as shown on map of Muscupiabe Rancho Recorded in Book 1 of Maps,
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Page 24 and Book 7 of Maps, Page 23, records of said County, more particularly
described as follows:
Beginning at the intersection of the centerline of Belmont Avenue and the East line of the
Irvington Land & Water Company's subdivision as per plat recorded in Book 1, Page 32,
records of survey; thence North 200 39' 59" East along the East line of said Irvington
Land & Water Company's subdivision, a distance of598.75 feet; thence South 62047'
55" East a distance of29.29 feet to the beginning ofa tangent curve concave Southerly
having a radius of 88.00 feet; thence Southeasterly along said curve through a central
angle of 10014' 11" an arc length of 15.72 feet; thence tangent to said curve, South 520
33' 44" East a distance of 0.95 feet to a point on a line that lies South 23004' 35" West a
distance of 31.65 feet from comer No.7 as described in that certain Deed from the
Muscupiabe Land & Water Company to the City of San Bernardino, recorded June 30,
1921 in Book 724, Page 8 of Deeds; thence South 23004' 35" West a distance of594.83
feet to a point on the centerline of Belmont Avenue; thence North 620 47' 55" West along
said centerline, a distance of20.50 feet to the point of beginning.
EXCEPT THEREFROM, any portion thereof lying within Belmont Avenue.
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RESOLUTION NO.
(Copy
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2 RESOLUTION OF THE CITY OF SAN BERNARDINO GIVING NOTICE
INVITING COMPETITIVE SEALED AND ORAL BIDS FOR THE SALE OF CERT A 11'\
3 REAL PROPERTY OWNED BY THE CITY, GENERALLY LOCATED ON THE
NORTHEAST CORNER OF PINE AND BELMONT A VENUES AND THE SOUTHEAST
4 CORNER OF OHIO AND PINE AVENUES ,IN THE CITY, AND DETERMINING THE
5 FAIR MARKET VALUE AND ESTABLISHING MINIMUM SALE PRICE FOR SAID
PROPERTY.
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WHEREAS, the City of San Bernardino, a municipal corporation, is the owner on behal f
of the Water Department of the hereinafter described parcel of real property, generally located on
the Northeast comer of Pine and Belmont Avenues and the Southeast comer of Ohio and Pine
Avenues in the City of San Bernardino, State of California; and
WHEREAS, on July 27,2004, the Board of Water Commissioners declared said property
as surplus and authorized its sale; and
WHEREAS, the Mayor and Common Council of the City of San Bernardino find and
determine that there is no necessity for the City's ownership of said property; and
WHEREAS, the Mayor and Council of the City believe it to be in the best interest of the
City that said parcel of real property be disposed of at the highest price obtainable in the open
market; and
WHEREAS, an appraisal was prepared by Tierra West Appraisal & Land Use Dynamics,
Inc., indicating a fair market value of $970,000.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Notice is hereby given inviting competitive sealed and oral bid proposals for
the disposition of the following real property, more particularly described in and subject to the ten11S
of Bid Specification No. 15.05-242, on file in the office of the Director of Development Services,
04/20/05
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1 RESOLUTION INVITING BIDS FOR THE SALE OF CITY PROPERTY LOCATED ON THE NORTHEAST
CORNER OF PINE AND BELMONT A VENUES AND THE SOUTHEAST CORNER OF OHIO AND PINE
2 A VENUES AND DETERMING FAIR MARKET VALUE.
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Real Property Section, City Hall, Third Floor, 300 N. "0" Street, San Bernardino, Califomia, and
generally described as follows:
Approximately 13.72 acres of contiguous vacant land located on the Northeast comer of Pine
and Belmont Avenues and the Southeast comer of Ohio and Pine Avenues, in the City of San
Bernardino. A full legal description is attached hereto as Exhibit "A" and made a part hereof, and
also is described in said Bid Specification No. 15.05-242.
SECTION 2. The minimum acceptable bid amount for said property is $970,000 and is
hereby established as the fair market value of said property.
SECTION 3. Sealed bid proposals must be accompanied by a Cashier's check in an anlount
equal to 10% of the total amount of the purchase price bid.
SECTION 4. Sealed bids must be delivered to the Director of Development Services, Real
Property Section, City Hall, Third Floor, 300 North "0" Street, San Bernardino, California, prior to
2:00 P.M., June 8, 2005, at which time said sealed bids shall be opened and publicly declared. The
results of said bidding shall be submitted to the Mayor and Common Council at the hour of 4:00
P.M., July 5,2005, or as soon as possible thereafter. At that time, oral bids may be received in at
least $100 increments for the outright purchase of the property, provided that the initial oral bid shall
be an amount not less than the highest sealed bid plus 10%. The successful bidder is required to
make a non-refundable deposit with the City Clerk in the form of a Cashier's check, prior to the end
of the meeting or within 2 hours of awarding the bid, whichever shall occur later, in an amount equal
to 10% of the bid amount.
04/20/05
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RESOLUTION INVITING BIDS FOR THE SALE OF CITY PROPERTY LOCATED ON THE NORTHEAST
CORNER OF PINE AND BELMONT A VENUES AND THE SOUTHEAST CORNER OF OHIO AND PINE
A VENUES AND DETERMING FAIR MARK,ET VALUE.
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SECTION 5. Copies of Bid Specifications and Official Bid Form may be obtained from the
office of the Director of Development Services, Real Property Section, City Hall, 3rd Floor, 300 N.
"0" Street, San Bernardino, California, 92418.
SECTION 6. All written bid proposals must be signed, sealed and delivered as indicated
in Section 4. No bid proposal will be considered which fails to offer a sum equal to or greater than
the minimum acceptable bid prices established herein, or which is filed at a later time or at a
different place than as stated in Section 4, unless there is substantial compliance as determined by
the City Administrator in his sole discretion. The Mayor and Common Council reserve the right to
reject any and all bids submitted. The Mayor and Common Council also reserve the right to make,
at their sole discretion, a determination as to whether the property shall be sold.
SECTION 7. This resolution shall be posted on or near the door of the Council Chambers.
City Hall, San Bernardino, California, for at least 5 (five) consecutive days prior to the date set for
opening of bids and a Notice Inviting Bids for the disposition of said property shall be published not
less than 10 days prior to said bid opening date in the San Bernardino Sun, a newspaper of general
circulation published and circulated in said City.
04/20105
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1 RESOLUTION INVITING BIDS FOR THE SALE OF CITY PROPERTY LOCATED ON THE NORTHEAST
CORNER OF PINE AND BELMONT A VENUES AND THE SOUTHEAST CORNER OF OHIO AND PINE
2 A VENUES AND DETERMING FAIR MARKET VALUE.
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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
, 20_, by the following vote, to wit:
Council Members:
AYES
NA YES
ABSTAIN
ABSENT
ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
,20 .
JUDITH V ALLES, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City ttorney
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EXHIBIT "A"
That portion of Block, 39, Irvington Land and Water Company Subdivision, as per plat
recorded in Book 3 of Maps, Page 9, and in Book 1 of Records of Survey, Page 32,
Records of San Bernardino County.
Together with that portion of Ohio Avenue lying Northeasterly of said Block 39 and that
portion of Belmont Avenue, lying Southwesterly of said Block 39, as vacated by Order of
the Board of Supervisors of the County of San Bernardino, on February 21, 1910 in Book
"C", Page 250 of Supervisors minutes.
EXCEPTING THEREFROM the Northwesterly 60 feet thereof, as conveyed to the
Metropolitan Water District of Southern California, by Deed recorded April 19, 1971 in
Book 7649, Page 341, Official Records, of said County.
ALSO EXCEPTING THEREFROM, that portion establishing a boundary of Redwood
Street and dedicating same for street and highway purposes described as Parcel No. 1 in
City of San Bernardino Resolution No. 88-173, approved June 7, 1988 more particularly
described as follows:
That portion of Block 39, Irvington Land & Water Company Subdivision as per plat
thereof recorded in Book 1 of Records of Survey, Page 32, records of the County
Recorder of San Bernardino County, described as follows:
A strip ofland 60.00 feet wide, lying 30.00 feet on each sideofthe following described
centerline:
Beginning at a point on the centerline of Pine Avenue that lies South 270 12' 49" West a
distance of 790.06 feet from its intersection with the centerline ofOmo Avenue as shown
on Record of Survey recorded in Book 31 of Records of Survey, pages 40-42, records of
the County Recorder of said County; thence South 620 47' 55" East, a distance of545.91
feet to a point on the East line of said Block 39 and the Point of Termination.
EXCEPTING Therefrom any portion thereof lying Westerly of the Easterly line of the
property conveyed to the Metropolitan Water District of Southern California by
document recorded April 19, 1971 in Book 7649, Page 341, Official Records of said
County.
The sidelines of said strip shall be prolonged or shortened so as to begin in the Easterly
line of said Metropolitan Water District land and to terminate in the Easterly line of said
Block 39.
TOGETHER WITH the following described real property:
That portion of Sections 6 and 7, Township 1 North, Range 4 West, San Bernardino Base
and Meridian as shown on map ofMuscupiabe Rancho Recorded in Book 1 of Maps,
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Page 24 and Book 7 of Maps, Page 23, records of said County, more particularly
described as follows:
Beginning at the intersection of the centerline of Belmont Avenue and the East line of the
Irvington Land & Water Company's subdivision as per plat recorded in Book 1, Page 32,
records of survey; thence North 200 39' 59" East along the East line of said Irvington
Land & Water Company's subdivision, a distance of598.75 feet; thence South 620 47'
55" East a distance of29.29 feet to the beginning of a tangent curve concave Southerly
having a radius of 88.00 feet; thence Southeasterly along said curve through a central
angle of 100 14' 11" an arc length of 15.72 feet; thence tangent to said curve, South 520
33' 44" ~ast a distance of 0.95 feet to a point on a line that lies South 230 04' 35" West a
distance of 31.65 feet from comer No.7 as described in that certain Deed from the
Muscupiabe Land & Water Company to the City of San Bernardino, recorded June 30,
1921 in Book 724, Page 8 of Deeds; thence South 230 04' 35" West a distance of594.83
feet to a point on the centerline of Belmont Avenue; thence North 62047' 55" West along
said centerline, a distance of 20.50 feet to the point of beginning.
EXCEPT THEREFROM, any portion thereof lying within Belmont A venue.
.
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
M,oting Date (Date ~)' 4thlo r- !t,m #
Vote: Ayes~ Nays
Change to motion to amend original documents 0
d-f
Resolution #
Jv(1; fb
Absent
Abstain
Companion Resolutions
Null/Void After: days /
Resolution # On Attachments: 0
PUBLISH 0
POST 0
Note on Resolution of attachment stored separately: 0
RECORD W/COUNTY 0 By:
,~
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Date Sent to Mayor: 1) / I ~, u) /
Date of Mayo,' ,S;goature, ~<<,OS....---
Date of Clerk/CDC Signature: .~ I D~
Reso. Log Updated: 6
Seal Impressed: ft /
Reso. # on Staff Report Ga"
Date MemolLetter Sent for Signature:
151 Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Not Returned: 0
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Request for Council Action & Staff Report Attached: Yes No By_
Updated Prior Resolutions (Other Than Below): Yes No~ By_
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Yes No By_
Updated CDC Personnel Folders (5557): Yes No By_
Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No By_
i
~
Copies Distributed to:
Animal Control 0 EDA Y Information Services 0
City Administrator ~ Facilities Parks & Recreation 0
City Attorney Finance Police Department 0
Code Compliance 0 Fire Department 0 Public Services 0
rx.olop_t som'J'lf}!) Human Resources 0 Water Department 0
Others: r1h.~
Notes:
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./"./
Ready to File: .~
Date:~~hrb~'
Revised 12/18/03