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Home My WebLink About26- Administrator's Offfice CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION s From: Lori Sassoon, Sr. Admin . Analyst Subject: Resolution authorizing the Dept: Administrator ' s Office Mayor to extend the close of escro,;, relative to the sale Date: July 31 1996 AX of Pioneer Cemetery. Synopsis of Previous Council action: 06/03/96 -- Bid from Loewen Group for the sale of Pioneer Memorial Cemetery is approved, contingent upon an acceptable sales agreement . Recommended motion: Adopt resolution. De Signature Contact person: Lori Sassoon Phone: 5122 Supporting data attached: Yes Ward: 1 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: Res 75-0262 Agenda Item No. �� STAFF REPORT On June 3, the Mayor and Council accepted the bid of the Loewen Group International, Inc. , for the sale of Pioneer Memorial Cemetery. Escrow was opened on July 3 , and the bid specifications state that the sale must close 60 days from that date. The sale of the cemetery cannot close, however, until Loewen has been granted a Certificate of Authority by the state Cemetery Board to operate the cemetery. The Loewen Group has indicated that it will not be issued a Certificate of Authority before the end of the 60 day escrow period. The delay is due to the fact that the Cemetery Board functions are currently being transferred to the Department of Consumer Affairs, resulting in a delay in the processing of Loewen's application. The attached resolution will grant the Mayor the authority to extend the close of escrow as may be deemed necessary. JUL.30.1996 10:14AM DOWLING MAGARIAN NO.031 P.1i3 DOWLING, MAGARIAN, AARON & I EYMAN MICHAEL 0.DOWLING INCOR?OIIATP.D ATTORNEYS AND COUNSELORS AT LAW RJCHARD M.AARON 6051 NORTH FRgsNO STREET,svrrs z00 TMZPJJONE OM 4`-4no XENT F.HEYMAN FACSnA==432.45W JIRUCBS.PRASER FRESNO,CAJ.IMAMA 93710 WILLIAM J.KEEL.ER,JR. JOW C.GANAM AD+IR mkTm ADOLPO M.CORONA CLAUDETTE s.PHARISS PHV.M D.KOPP PRANCINE M.XANNS Q JOHN G.KERAURLAWv W RICHARD B.11EA17ER v�.�-J CHRXI'OPHER A.BROWN JAMES C,SMWOOD MARK D.MAOANAN MKWEL P.DOWLWO DANIEL T.PITZPATWCK ARKD. CR RS 6 A[J Lmmn cr AFIE IXA DA FACS1L TRANSNMM DONALD J.MAGARJAN DAN=K WHITEHURST MORRIS M.SHERR OUR FILE NO, 7685.00 BLAJNS PECIJPI Oil Ca RM THIS MESSAGE IS INTRMED-ONLY FOR THE USE OF INDUYMUAL OR ENTITY TO W RTCH TT IS ADDRESSED AND MAY CONTAIN TNFORMATION THAT IS PRrZUMED.CONFWENTIAL AND YXF.Mn FROM nISCLOSURE UNDEP.APPLICABLE L . IF THE READER OF THIS MESSAGE IS NOT THE WMDED RECIPIENT,OR TIDE EMPLOYEE OR AGENT RMPONSIBLB FOR VEL.TVERINGI THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSD4NATION,DISTRIBUTION OR COPYING OF TWS COMMUNICATTON IS STRICTLY PROHMITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR,PLEASE NOTIFY US AMMEDIATELY BY TELEPHONE,AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S.POSTAL SERVICE. THANK YOU, DATE: July 29, 1996 FROM: Christopher A. Brown, Esq. TO: Lori Sasson, City of San Bernardino FAX: 909--384-5067 Henry Thoman, Esq. FAX: 606-655-7154 RE: Pioneer Memorial Cemetery NUMBER OF PAGES FOLLOWING THIS TRANSMISSION: 2 COMMENTS: Please see attached letter and enclosure thereto. IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CONTACT: Wend Long AT (209) 432-45500. THE HARD COPY OF THIS TRANSMITTAL IS IS NOT X BEING SENT BY MAIL. By: )91 daL r)ezelv-12 Wendy Lon JUL.30. 1996 10:14AM DOWLING MAGARIAN NO.031 P.2i3 DOWLING, MAGARIAN, AARON & HEYMAN INCORPORATED MICILAEL D.DOWLLNG ATTORNEYS A,ND COUNSELORS AT LAW RICHARD M.AARON 601 NORTI4 FRESNO STREET,BUMF 200 FACSIM N("0W9)4 32450 KENT F.HGYMAN FRESNO, CAUIFORNIA 93710 RRUC9 a.FRASSn WILLIAM L KEELER,JR. JOHN C.GANAHL ADWMIUATOR ADOM M.CORONA CLAuDITTB S.PHARLSS MIP D.KOPF FRANCINR M.KANNE JOHN G.KERKORIAN RICHARD B.HEATTSR CHRISTOPHER A.SHOWN July 2 9 , 1996 JAMBS C.SHERWOOD NARK D.MAGARIAN MICHAEL P,DOWLINO DANIEL T.FrrUATRICK 7685. 00 MARK D.KRUTRQRS "Al-W MWOM or ANUMA DA FILE NO. DONALD J.MAGARIAN DANIEL K.WHrrMURSr MORRIS M,SMERn ELAINE PETTITT or COUNIM Via Facsimile - 909-384-5067 Ms. Lori Sasson City of San Bernardino City Manager/Administrator's office 300 N. "D" Street San Bernardino, California 92418 Re: Sale of Pioneer Memorial Cemetery Dear Lori: Enclosed is a draft council motion authorizing the City Administrator or City Manager to extend the close of escrow to obtain approval from the California State Cemetery Board. It is my understanding that you will try to have this motion in front of the council for approval at the August 19, 1996 scheduled meeting. Please contact me if you have any questions or comments regarding the attached draft motion. Very truly yours, DOWLIN MAGARIAN, AARON & HEYMAN i her A: B CAB:wj 1 Enclosure cc: Henry Thoman, Esq. (via facsimile w/encl.s. ) 7aasosa�szts.cAa JUL.30. 1996 10:15AM DOWLING MAGARIAN NO.031 P.3i3 CITY OF SAN BERNARD NO CITY COUNCIL MOTION The City of San Bernardino hereby motions that the City Administrator or City Manager has the authority to extend the , close of escrow, described in Pioneer Memorial Cemetery Specification No. 15 . 05-210a, in order to obtain the approval of a Certificate of Authority from the California State Cemetery Board, which is required for the sale of the cemetery pursuant to California Health and Safety Code Section 8585 . Any such extension will calf, for the close of escrow within 30 days after the approval by the California State Cemetery Board.