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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: February 21, 2006
Subject: Authorization to Proceed - Sale of
City Water Department property - portion of
property located southwesterly of Kendall
Drive and Cajon Boulevard, and Resolution
setting fair market value and a public hearing.
From: JAMES FUNK, Director
Dept: Development Services
File No. 15.05-247
Synopsis of Previous Council Action:
MCC Date: March 20. 2006
None
Recommended Motion:
1. That the Director of Development Services be authorized to proceed with the sale of City
Water Department property located southwesterly of Kendall Drive and Cajon Boulevard.
AND
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2. Adopt Resolution.
James Funk
Contact person: Jeanne'marie Fitzpatrick
Supporting data attached: StaffReportlMaps/Res.
Phone: 5328
Ward: 6
FUNDING REQUIREMENTS: Amount:
None
Source: (Acet. No.) N/A
(Aeet. Description) N/A
Finance:
Council Notes:
;),oOh - 1_~
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Authorization to Proceed - Sale of City Water Department property - portion of property located
southwesterly of Kendall Drive and Cajon Boulevard, and Resolution setting fair market value
and a public hearing.
BACKGROUND:
In 1972, the City of San Bernardino Water Department acquired a parcel located southwesterly
of Kendall Drive and Cajon Boulevard, along with other property holdings as part of the
assumption of the San Bernardino Water Utilities Corporation. The department has a water
storage reservoir and well on this property. The property is also adjacent to the Burlington
Northern Santa Fe Railway Company (BNSF) right-of-way.
BNSF is in the process of adding a third rail line through the Cajon Pass to improve its rail
service throughout southern California. In 2005, BNSF approached the Water Department
regarding a long narrow portion of this parcel with the initial intent of acquiring this property
through eminent domain. As a quasi-public agency, BNSF has the power of condemnation.
However, after considerable research and discussions between the Water Department and BNSF,
subsequent negotiations were reached whereby BNSF has agreed to purchase this portion ofland
without the use of condemnation. The purchase of this land will not affect the existing reservoir
and well site and the Water Department has no intention of selling any more of this property.
The total area BNSF proposes to purchase is 14,923:J: square feet. An appraisal, as
commissioned by BNSF, was conducted by Marshall and Stevens Valuation Consulting (see
attached appraisal and summary of qualifications). Based on this report, the fair market value for
this portion ofland was set at $20,153.00 ($1.35 per square foot) which was approved by the
Board of Water Commissioners in November 2005.
Pursuant to Section 2.65.050 of the San Bernardino Municipal Code, property may be sold to
another public agency without going through the public bid process, but a public hearing on the
proposed sale must still be held. The attached Resolution sets the fair market value of the
portion of parcel ofland at $20,153, and sets a public hearing for Monday, April 17, 2006. All
affected City departments will be given notice of the sale for potential conflicts and the property
will be posted as required by law. A Sales and Purchase Agreement will be prepared and
submitted for action at the close of the public hearing.
FINANCIAL IMPACT:
All net sales proceeds will go to the Water Department. The buyer will pay all closing costs,
including the reimbursement for appraisal fees.
RECOMMENDATION:
Staff recommends that the authorization to proceed with the sale of the property be given and
that the attached resolution be adopted.
A COMPLETE APPRAISAL REPORT
IN A SUMMARY FORMAT OF
CERTAIN REAL PROPERTY ASSETS OF
CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT
KNOWN AS THE PARCEL 0262-022-01
LOCATED IN
SAN BERNARDINO, SAN BERNARDINO COUNTY, CALIFORNIA
AS OF
MARCH 23, 2005
FOR
CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT
APPRAISED BY
CHERIN L. MOORADIAN, MAl, ASA
ASSISTED BY
BRADLEY A. WOOD, ASSOCIATE APPRAISER
MARSHALL & STEVENS,INCORPORATED
VALUATION AND FINANCIAL CONSULTANTS
11-11-21287-RE.doc
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I certify that, to the best of my knowledge and belief:
. The statements of fact in this report are true and correct.
. The reported analyses, opinions, and conclusions are limited only by the
reported assumptions and limiting conditions and are my personal,
impartial, and unbiased professional analyses, opinions, and conclusions.
. I have no present or prospective interest in the property that is the subject
of this report, and I have no personal interest with respect to the parties
involved.
. I have no bias with respect to the property that is the subject of this report
or to the properties involved in this engagement.
. My engagement in this assignment was not contingent upon developing
or reporting predetermined results.
. My compensation for completing this assignment is not contingent upon
the development or reporting of a predetermined value or direction in
value that favors the cause of the client, the amount of the value opinion,
the attainment of a stipulated result, or the occurrence of a subsequent
event directly related to the intended use of this appraisal.
. To the best of my knowledge and belief, the reported analyses, opinions,
and conclusions were developed and this report was prepared in
conformity with the Uniform Standards of Professional Appraisal Practice
of the Appraisal Foundation, the Code of Professional Ethics, and the
Standards of Professional Practice of the Appraisal Institute and
American Society of Appraisers.
. The American Society of Appraisers has a mandatory recertification
program for all of its senior members. I am in compliance with the
requirements of that program.
. The use of this report is subject to the requirements of the Appraisal
Institute and American Society of Appraisers and state regulatory
requirements relating to review by its duly authorized representatives.
. As of the date of this report, I have completed the requirements under the
continuing education program of the Appraisal Institute.
. This analysis was not based upon requested minimum value, a specific
value, or the approval of a loan. Therefore, I have determined that the
final estimate of value was made without influence by the lender or the
client.
. I have made a personal inspection of the property that is the subject of
this report and the market data.
CERTIFICATION
11-11-21287-RE.doc
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CERllFICA liON
. Neither all nor any part of the contents of this report (especially any
conclusions of value, the identity of the appraiser or the firm with which I
am connected, or any reference to the Appraisal Institute or American
Society of Appraisers) shall be disseminated to the public through
advertising, public relations, news, sales, or any other public medium
without the prior written consent and approval of the undersigned.
. No one provided significant professional assistance to the person signing
this report.
. An analysis of current market conditions has been considered, and a
reasonable estimated marketing time for the appraised property has been
reported within this appraisal.
. Bradley A. Wood, assisted the appraiser in inspecting the property
(calculating square feet, obtaining descriptions and history); accumulating
tax and assessment data, zoning, and market data (identifying and
verifying comparable sales and sources); preparing the preliminary
analysis using the sales comparison approach for review; and, under the
supervision of the appraiser, writing the initial draft of the report.
(!k~ ex: /1}d-Ma~
Cherin L. Mooradian, MAl, ASA
California Certified General Real Estate Appraiser
License #AG036293
Bradley A. Wood, Associate Appraiser
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CHERIN L. MOORADIAN, MAl, ASA
PRESENT POSITION
EXPERIENCE
EMPLOYMENT
EDUCATION
As senior vice president and appraisal manager for Marshall & Stevens
Incorporated, Ms. Mooradian specializes in real estate consulting
services and directs all the real estate valuation services for Marshall &
Stevens' within the Western Region of the United States. She serves
as project manager on major consulting and valuation assignments for
our 'clients as well as participates as project manager and/or appraiser
in nationwide valuations.
Ms. Mooradian has comprehensive experience as a full time real
estate professional since 1988, involving primarily appraising,
consulting and some brokerage for commercial and industrial
properties. Projects have included but are not limited to feasibility
and market studies, real estate counseling, highest and best use
analysis, absorption studies, fee appraisals, appraisal analysis,
insurance valuations, lease and investment analysis, sale-leaseback
analysis, asset allocation and assisting in risk analysis for residual
value insurance.
Prior to her association with Marshall & Stevens Incorporated, she
was an independent fee appraiser and owner of Appraisal &
Environmental Associates from 1992 to October 1997. During this
time period she was also a contributing appraiser with Marshall &
Stevens in Philadelphia, Pennsylvania; Ludwig Corporation and The
Appraisal Network in Bala Cynwyd, Pennsylvania and Independent
Appraisal Corporation in Wayne, Pennsylvania. She was an
associate broker and appraiser with The Rohrer Corporation,
Haddon Township, New Jersey from 1988 to 1992.
Ms. Mooradian received a B.S. degree from Drexel University. She
has completed numerous courses sponsored by the Appraisal
Institute, including advance level courses such as Highest and Best
Use & Market Analysis, Advanced Sales Comparison and Cost
Approaches, Advanced Income Capitalization, Advanced
Applications and Report Writing and Valuation Analysis. She has
also taken courses with CCIM, the Environmental Assessment
Association and ASTM, American Standards of Testing and
Materials. She has completed MAP Third Party Technical Training
pertinent to HUD financing.
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CHERIN L. MOORADIAN, MAl, ASA
COURT TESTIMONY She has testified in Camden County, New Jersey; Montgomery
County, Pennsylvania; Burlington County, New Jersey;
Washington Township, New Jersey, and Gloucester County,
New Jersey.
PROFESSIONAL AFFILIATIONS A Certified General Appraiser in California (AG036293),
Colorado (CG40040215), Delaware (X10000287), Minnesota
(20164773), New Jersey (RG01766), Pennsylvania
(GA001350L), Maryland (20260, Georgia (CG 007087), and the
District of Columbia (GA 10396). Ms. Mooradian is a Member of
the Appraisal Institute (MAl) and a designated senior member,
ASA, of the American Society of Appraisers. She is a Certified
Environmental Inspector and a licensed real estate broker in
Pennsylvania and New Jersey. She has served as Treasurer,
Secretary and Vice President for the local Chapter of the
Appraisal Institute.
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CONFIDENTIAL
April 25, 2005
File Reference: 11-11-21287-RE.doc
Mr. Bernard Kersey
General Manager
City of San Bernardino Municipal Water Department
300 North 0 Street
San Bernardino, California 92418
Mr. Kersey:
In accordance with your request, we are pleased to submit this Complete Summary
Appraisal Repott presenting our valuation of the fee simple interest in the vacant land
known as Parcel 0262-022-01. This vacant land known as Parcel 0262-022-01 is also
referred to herein as (the "Subject Property"). The Parcel 0262-02-201 is a 2.89-acre
parcel located in San Bernardino, San Bernardino County, California.
The effective date of this valuation is March 23, 2005. The purpose of this appraisal is to
estimate the "as is" market value of the vacant land. The appraisal function is its use for
internal management processes. This appraisal may be invalid if used for any other
purpose.
The standard of value is "Market Value" which is defined as
Market Value (Appraisal Foundation). The most probable price which a
property should bring in a competitive and open market under all
conditions requisite to a fair sale, the buyer and seller each acting
prudently and knowledgeably, and assuming the price is not affected by
undue stimulus. Implicit in this definition is the consummation of a sale as
of a specified date and the passing of title from seller to buyer under
conditions whereby:
1. buyer and seller are typically motivated;
2. both parties are well informed or well advised, and acting in what they
consider their best interests;
3. a reasonable time is allowed for exposure in the open market;
4. payment is made in terms of cash in United States dollars or in terms
of financial arrangements comparable thereto; and
5. the price represents the normal consideration for the property sold
unaffected by special or creative financing or sales concessions
granted by anyone associated with the sale.
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City of San Bernardino Municipal Water Department
April 25, 2005
Page 2
Based upon the information and analysis contained in the following Complete Summary
Appraisal Report, it is our opinion that, as of March 23, 2005, the "as is" market value of
the vacant land in San Bernardino, California is reasonably represented as:
$170,000
The following appraisal and analysis complies with the purpose as stated and with the
reporting requirements set forth by the Uniform Standards of Professional Appraisal
Practice (USPAP) for a Complete Summary appraisal as well as the standards set forth
by the American Society of Appraisers and the Appraisal Institute. Supporting
documentation has been retained in our work papers
Very truly yours,
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MARSHALL & STEVENS INCORPORATED
CLMIII
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SUMMARY OF IMPORTANT DATA AND CONCLUSIONS
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Client
City of San Bernardino Municipal Water
Department
Property Name
Parcel 0262-022-01
Location
San Bernardino, San Bernardino County,
California
Property Rights Appraised
Fee Simple
Ownership
City of San Bernardino Municipal Water
Department
Property Type
Vacant Land
Zoning
IE, Industrial Extractive
Land Area
2.89 acres, or
125,888 square feet
Highest and Best Use
As vacant-Current Use
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Approach to Value
Sales Comparison Approach
Market Value
$170,000
$170,000
Marketing Period
Estimated at up to two years
Exposure Period
Estimated at up to two years
Inspection Date
March 23, 2005
Valuation Date
March 23, 2005
Report Date
April 25, 2005
11-11-21287-RE.doc
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VICINITY MAP
No Scale
CITY OF SAN BERNARDINO
"'EVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
PORTION OF PROPERTY LOCATED
SOUTHWESTERLY OF KENDALL DRIVE
AND CAJON BOULEVARD
~ indicates un-incorporated areas
~ within City's Sphere of Influence
File No.: 15.05 - L Ljf"j Date: 2 -' /3 -DIP
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING FAIR
MARKET VALUE AND MINIMUM SALE PRICE FOR A PORTION OF CERTAIN
CITY OWNED PARCEL OF REAL PROPERTY GENERALLY LOCATED
SOUTHWESTERL Y OF KENDALL DRIVE AND CAJON BOULEVARD, AND
SETTING A PUBLIC HEARING TO CONSIDER SAID SALE.
WHEREAS, the City of San Bernardino, a municipal corporation, is the owner of the
hereinafter described portion of City owned parcel of real property, generally located
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9 square feet, and more fully described on Exhibit "A" and shown on Exhibit "B", attached hereto
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southwesterly of Kendall Drive and Cajon Boulevard, constituting approximately l4,l)23.45
and made apart hereof; and
WHEREAS, the Mayor and Common Council of said City find and deternline that there
is no necessity for the City's ownership of said real property; and
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WHEREAS, the Mayor and Common Council of said City believe it is in the best
15 interest of the City that said portion of parcel of real property be disposed of at fair market value;
16 and
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20 real property; and
WHEREAS, an appraisal of the property was conducted estimating the fair market value
of said property at Twenty Thousand One Hundred and Fifty-three Dollars ($20,153.00) for said
21 WHEREAS, Burlington Northern Santa Fe (BNSF) adjacent property owner to said
22 parcel has expressed an interest to purchase said portion of real property for expansion of their
23 facilities; and
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WHEREAS, pursuant to Section 2.65.050 of the San Bernardino Municipal Code, City
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owned property may be sold to another public agency without the need for competitive bid, so
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long as the sales price is not less than the fair market value of said real property.
03117/2006 8:30 AM
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RESOLVTlON OF THE CITY OF SAN BE&"iARDINO ESTABLISHING FAIR MARKET VALVE AND
:\II:\I;VIDI SALE PRICE FOR CERTAI'I/ CITY OW:\TED PARCELS OF REAL PROPERTY
GENERALL Y LOCATED SOUTHWESTERLY OF KE;'>,'DALL DRIVE AND CAJON BOULEVARD. A;'>,'D
SETTING A PUBLIC HEARI:\TG TO CO'l/SIDER SAID SALE.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The public interest and convenience require the sale of City owned real property.
generally located southwesterly of Kendall Dnve and Cajon Boulevard in the City of San BernardlI10 and
same is hereby declared as surplus real property.
SECTION 2. It is therefore the intention of the Mayor and Common CouncIl of the CIty of San
Bernardino to sell said real property to BNSF.
SECTION 3. The Mayor and Common Council do hereby find and determine that the Fair
Market Value of this portion of parcel ofland is Twenty Thousand. One Hundred and Fifty-three Dollars
($20,153.00) based upon an appraisal performed by Cherin L. Mooradian, MAL. ASA.
SECTION 4. The Mayor and Common Council of the City of San Bernardino do hereby set a
public hearing to be held on Monday, April 3, 2006, at 4:00 p.m or as soon thereafter as the matter can be
heard. in the Council Chambers of City HalL 300 North "0" Street. San Bernardino, California, relative
to the proposed sale.
SECTION S. This Resolution shall be published in The San Bernardino County Sun, a
newspaper of general circulation, at least once prior to the public hearing and shall be posted in at least 3
conspicuous places on the property at least (10) days prior to the hearing.
SECTION 6. Written and oral protest to such sale may be submitted and shall be received at or
prior to the public hearing. Written protests may also be submitted to the City Clerk's Office. City Hall.
300 N. "0" Street, San Bernardino, California. prior to the public hearing.
SECTION 7. It is the intent of the Mayor and Common Council to consider and approve said
sale at the public hearing, said property more particularly described herein.
03117/2006 830 AM
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RESOLt:TlON OF THE CITY OF SAN BER1'iARDINO ESTABLISHING FAIR MARKET VALUE AND
MINIMUM SALE PRICE FOR CERTAIN CITY OWNED PARCELS OF REAL PROPERTY
GENERALL Y LOCATED SOUTHWESTERLY OF KENDALL DRIVE AND CAJON BOULEVARD. AND
SETTING A PUBLIC HEARING TO CONSIDER SAID SALE.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a
meeting thereof
6 held on the
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wit:
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day of
, 20_, by the following vote, to
NAYS
ABST AIN
ABSENT
Council Members: AYES
ESTRADA
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BAXTER
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12 MCGINNIS
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DERRY
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KELLEY
JOHNSON
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17 MCCAMMACK
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City Clerk
20 The foregoing resolution is hereby approved this
day of
,20_"
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23 Approved as to form
and legal content:
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03/17/2006 8:30 AM
PATRICK 1. MORRIS, Mayor
City of San Bernardino
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LEGAL DESCRIPTION
A portion of that certain real property located in the County of San Bernardino, State of
California:
THAT PORTION OF LOT 11 OF THE MEYER AND BARCLAY
SUBDIVISION, RECORDED IN MAP BOOK 12, PAGE 18, RECORDS OF
SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF SAID
LOT 11 WITH THE NORTHERL Y RIGHT OF WAY LINE OF
BURLINGTON NORTHERN SANTE FE RAILWAY COMPANY (150 FEET
WIDE, HALF WIDTH), SAID POINT BEING ON A NON-TANGENT CURVE,
CONCA VE TO THE SOUTH, A RADIAL TO SAID POINT BEARS NORTH
18007'26" EAST; THENCE SOUTH 02053'30" WEST ALONG SAID
WESTERLY LINE OF LOT 11, A DISTANCE OF 51.84 FEET TO THE
BEGINNING OF A 5,779.65 FOOT RADIUS NON-TANGENT CURVE,
CONCAVE TO THE SOUTH, A RADIAL TO SAID BEGINNING BEARS
NORTH 18015'32" EAST; THENCE EASTERLY, ALONG SAID CURVE,
THROUGH A CENTRAL ANGLE OF 02046'40" AN ARC DISTANCE OF
280.21 FEET; THENCE NON-TANGENT TO SAID CURVE, NORTH
43014'00" EAST A DISTANCE OF 53.96 FEET TO THE BEGINNING OF A
5,829.65 FOOT RADIUS NON-TANGENT CURVE, CONCAVE TO THE
SOUTH, A RADIAL TO SAID BEGINNING BEARS NORTH 21014'13"
EAST; THENCE WESTERLY, ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 03046'47" AN ARC DISTANCE OF 316.74 FEET TO
THE POINT OF BEGINNING.
THE AREA OF THE ABOVE DESCRIBED PROPERTY IS
APPROXIMATEL Y 14,923.45 SQUARE FEET MORE OR LESS.
EXHIBIT "A"
ASJ4-00J - 593241
EXHIBIT
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EXHIBIT "B"
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
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Vote: Ayes Nays
Change to motion to amend original documents 0
Item #
ILl
Resolution #
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Abstain
Absent
Companion Resolutions
NullNoid After: days /
Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
Date Sent to Mayor: ::s "';;rj - D 0
Date of Mayor's Signature: 'b / 'J? r IJ 10
Date ofClerk/CDC Signature: 3, )J--AJh
Reso. Log Updated: i:J
Seal Impressed: d /
Reso. # on Staff Report ~
Date Memo/Letter Sent for Signature:
1" Reminder Letter Sent:
Date Returned:
2"d Reminder Letter Sent:
Not Returned: 0
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_
NoL- By_
NOr By_
No~/y_
No~ By_
Yes
Yes
Yes
Yes
Copies Distributed to:
Animal Control
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Code Compliance 0 Fire Department 0
Development Services ~ Human ReSDur~s 0
Others: ~e~ ~~~~/~ fd~
EDA
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Information Services 0
Parks & Recreation 0
Police Department 0
Public Services 0
Water Department 0
City Administrator
Facilities
City Attorney
Finance
Notes:
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Ready to File: V
Date:7 )/1 ~6
Revised 12/18103