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CITY OF SAN BERIARDINO - REQUEST 90R COUNCIL ACTION
Oom:
Dept:
Annie F. Ramos, Director
Parks, Recreation & Community Services
APPROVE RESOLUTION RELATING TO PROCEDURE
Subject: FOR CITY-PROPERTY OWNER PARTICIPATION
IN THE LANDSCAPE DEVELOPMENT PROGRAM
FOR PROPERTY FRONTAGE LOCATED ON THE
PUBLIC RIGHTS-Of-WAY AND WITHIN THE
BUILDING SET-BACK AREA UP TO A MAXIMUM
n~ TW~NTY (?n) ~~~T
Date: May 14, 1991
Synopsis of Previous Council action:
February 4, 1991 - Mayor and Common Council directed the Director of Parks,
Recreation and Community Services Department to prepare a
landscape development and maintenance incentive program.
May 6, 1991
- The Landscape Incentive Program was approved and the
Ordinance was laid over.
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That said resolution be adopted.
(See attached list of motions.)
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Signature
Contact person: Anni e F. Ramos
Supporting data attached: Staff Report & Reso 1 ut i on
Phone:
5030
Ward:
City Wide
FUNDING REQUIREMENTS:
Amount: N/A
Source: (Acct. No.1
(Acct. DescriDtionl
Finance:
Oncil Notes:
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PARm, ~ MID fIIlIIM[lNITl!' SERVICES
RBQOES'1' lOR OXK:IL ~
T"~-. Maint-- Dwel.....-.t h~iliIla
Paqe -2-
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R--...-_.~ Ihfo:........ 00Ilti.Due4:
lDl'Iaf "A":
Hn'Iaf "8ft:
lDI'Iaf "C":
lKavor ~ t\ ...._ilI'l ""''''''''1'
RmOWl'Iaf OF '!HE MlYtR AND CXJKfi CXIlNCIL OF '!HE CI'l'l{
OF SAN !IE:RNARDI!O RE:IA'l'lD3 '10 PR>"'''' JRI!S FtR CI'l'l{
P1a'ER1Y CMNER PARl'ICIPATIaf IN '!HE IANISCAPE
IE\IEIDHIEm' PR:lGlWI FtR !'KWm<I.'i IKImlGES ~'I'IIn af
'!HE ~C ~ WAY AND Wl'1HIN '!HE JlVIID]lG SEl'
mcx ARFA UP '10 A IWCDU( OF 'lWJ!N1'l( (20) FEEl'.
0Iav0r ..~ O.....M ""''''''''''1'
'!hat final reading of the 0I:dinance be waived an:! that
said O%dinance be adqlted.
CRmlANCE OF '!HE CI'l'l{ OF SAN BI!2WmIl<<) A!DDI; QIAPmR
12.96 '10 I'RJ\1IIE FtR '!HE INS'm1A'l'Iaf AND MAIN'lBWlCE
OF IANmCAPED IiKIfrAGI1S af CI'l'l{ ~ AND
Wl'1HIN '!HE JlVIID]lG SET-mcx ARFA UP '10 A MAXDUI OF
'lWJ!N1'l( (20) FEEl' AND '10 I'RJ\1IIE PR> .". _ FtR
~...sMI!NI' OF alS'l'S INalRRBD BlC '!HE C1'1Y IN '!HE EV!Nl'
'!HE IANtSCAPIlG IS 101' ~ MllNmINED AFl'ER
INS'm1A'l'Iaf .
,,,,....~..b Dwel{..l.ll~..t n........aicm,
'!hat Devel_/t DeparbDBnt I.ardscape Beaut.ificatoin
!\1rJ1 l:xn1 }4' .~. be aut:harized in an lIIIICUI'It not to
~ Fa1r-1l1rxh'ed '1ba.Isand Dollars ($400,000) to
furxi the City of san Ilemardino ~ Devel_/t
Maint:enanoe Incentive h""'LGIIl.
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CITY OF SAN BERt)'RDINO - REQUEST CPR COUNCIL ACTION
Q
APPROVE RESOLUTION RELATING TO STAFF REPORT
PROCEDURE FOR CITY-PROPERTY
OWNER PARTICIPATION IN THE
LANDSCAPE DEVELOPMENT PROGRAM
FOR PROPERTY FRONTAGE LOCATED
ON THE PUBLIC RIGHTS-OF-WAY AND
WITHIN THE BUILDING SET-BACK AREA
UP TO A MAXIMUM OF TWENTY (20) FEET.
The resolution outlines the procedure for administering the
Landscape Incentive Program. It describes the eligible and
ineligible projects and provides a list of streets and
commercial zones which come under the provisions of the
program.
In addition, the resolution provides for an agreement which
outlines the responsibilities of the City and the property
owner, and places the responsibility for landscape mainten-
ance after installation on the property owner. The agreement
also provides that if the property owner fails to maintain
the landscaping installed pursuant to this program, the City
can do so and lien the property.
It is essential that a procedural resolution be in place to
guide the administration of the program: therefore, it is
recommended that this resolution be adopted.
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(STAFFRE: LNDSCPD)
May 14, 1991
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2 RESOLUTION OF THE CITY OF SAN BERNARDINO RELATING TO
PROCEDURE FOR CITY-PROPERTY OWNER PARTICIPATION IN THE
3 LANDSCAPE DEVELOPMENT PROGRAM FOR PROPERTY FRONTAGE LOCATED
ON THE PUBLIC RIGHTS-OF-WAY AND WITHIN THE BUILDING SET-BACK
4 AREA UP TO A MAXIMUM OF TWENTY (20) FEET.
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RESOLUTION NO.
BE IT RESOLVED BY THE MAYOR AND COMMON
CITY OF SAN BERNARDINO AS FOLLOWS:
COUNCIL OF THE
SECTION 1.
PURPOSE.
In
order to
expedite the
development
of landscaping
along the public right-of-way
specified major
on
arterials
and in specific commercial zones, the city may pay up to one-
half
the cost of such work.
Arterials and commercial
zones
are
specified
Maintenance
in
"Landscape
Development
and
Program" listing of streets
and boundaries
attached hereto,
marked
"Exhibit I"
and incorporated
herein by reference as
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fully as though set forth at length.
SECTION 2. ELIGIBLE.
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Eligibile projects for
City participation of
one-half
the cost shall be only those projects for which the
City has
initiated
Chapter
12.96 proceedings
of
the San Bernardino
Municipal Code.
SECTION 3.
INELIGIBLE PROJECTS.
This resolution does not apply to landscape development
a condition
and improvements required of a property owner as
obtaining a
building
permit, conditional use
permit or
other type of development permit.
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1 RESOLUTION RELATING TO PROCEDURE FOR CITY-PROPERTY OWNER
PARTICIPATION IN LANDSCAPE DEVELOPMENT PROGRAM, ETC.
SECTION 4. PROCEDURE.
The work hereunder may be performed by a private
contractor enqaqed by either the property owner or the City
followinq application to the Public Works Department for
participation in the proqram.
a. Applications, outlininq the work to be performed
shall be completed on forms to be provided by
the Public Works Department. Upon approval of
the project, an aqreement (Exhibit "II") for
landscape construction and maintenance will be
made between the City and the property owner.
The Director of Public Works, City of San
Bernardino is hereby authorized to execute
b.
aqreements for this purpose on behalf of City.
The Public Works Director and the Director of
Parks,
Recreation
and
Community
Services
Department shall have an inspection made of the
project site; estimate the cost of the work; and
advise the property owner in the Landscape
Construction and Maintenance Aqreement of the
dollar amount of the one-half cost contribution.
c.
The property owner will have the option of
havinq work performed by a private contractor
selected by the City or by the property owner.
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RESOLUTION RELATING TO PROCEDURE FOR CITY-PROPERTY OWNER
PARTICIPATION IN LANDSCAPE DEVELOPMENT PROGRAM, ETC.
In no event will the amount of the City's
contribution exceed the sum determined in (b)
above.
d.
The Public
Works Director, following final
inspection
and
approval
of the completed
landscape construction work by the city Parks,
Recreation and Community Services Director, and
upon the presentation of receipted bills or
invoices, shall authorize 50t of the actual cost
of the project or the sum determined pursuant to
(b) above, whichever is less, to be paid to the
property owner.
In the event a property owner elects to have the
work performed by a private contractor, the
contractor shall apply for and receive a no-fee
permit issued by the Public Works Department.
I HEREBY CERTIFY that the foregoing resolution was
e.
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
day if
, 1991.
3/19/91
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RESOLUTION RELATING TO PROCEDURE FOR CITY-PROPERTY OWNER
PARTICIPATION IN LANDSCAPE DEVELOPMENT PROGRAM, ETC.
COUNCIL MEMBERS:
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
day of
, 1991.
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19 Approved as to form
and legal content:
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James F. Penman
City Attorney
22 By: (1A~ 7.f~
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w. R. Holcomb, Mayor
city of San Bernardino
(RESO: LNSP.DEV.)
3/19/91
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LANDSCAPE DEVELOPMENT AND MAINTENANCE PROGRAM
All streets listed below within the city Limits of the City
of San Bernardino:
North to South oriented streets (major arterials):
1. Waterman Avenue.
2. Sierra Way.
3. Mountain View.
4. "0" Street
5. "E" Street
6. "F" Street
7. "G" Street
8. "H" Street
9. "I" Street
10. Mount Vernon Avenue
11. Medical Center Drive
12. California Street
East to West oriented streets (major arterials):
1. Mill Street
2. Rialto Avenue
3. Second Street
4. Third Street
5. Fourth Street
6. Fifth Street
7. Sixth Street
8. Seventh Street
9. Eighth Street
10. Ninth Street
11. Tenth street
12. Eleventh street
13. Baseline Street
14. sixteenth Street
15. Highland Avenue
16. 27th Street
17. 30th Street
18. 40th Street
19. Marshall Boulevard
20. 48th Street
21. University Parkway
22. Northpark Boulevard
EXHIBIT "I"
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4:) East to West oriented streets (commercial zone):
1. Fourth street
2. sixth street
3. Seventh Street
4. Eighth Street
5. Tenth Street
6. Eleventh Street
7. Fourteenth Street
8. Fifteenth Street
9. Sixteenth street
All streets listed below not within the city limits of the
City of San Bernardino but within the City's sphere of
influence:
Del Rosa Avenue
Sterling Avenue
Foothill Drive
40th Street
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(EXHIBITILDSCAPE)
EXHIBIT "I"
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AGREEMENT
FOR LANDSCAPE IMPROVEMENTS
THIS
day of
Bernardino
owner") .
AGREEMENT is entered into as of this
. 1991, by and between the City of San
("City") and ("Property
RECITALS
A. WHEREAS, CITY and PROPERTY OWNER desire to enter into
agreement for Construction of Landscaping on property
located on city Right-of-Way and on the Building Set-back
area up to a maximum of 20 feet at ;
and (Property Address)
B. WHEREAS, it is mutually beneficial to the parties
hereto that the PROPERTY OWNER install landscaping on the
property; and
C. WHEREAS, the parties hereto contemplate the performance
of this Agreement under the provisions of Chapter 12.96 of
the City Municipal Code .
NOW THEREFORE, in consideration of the mutual
covenants herein, the parties do hereby agree as follows:
1. PROPERTY OWNER has formally requested
participation in this city assisted program for
upgrading property frontages by installation of
landscaping in accordance with plans which have been
approved by City Engineer and Director of Parks, Re-
creation and Community Services Department.
2. CITY may, pursuant to Section 12.96.040, City
Municipal Code , pay one-half the cost of construction
landscaping located on the Right-of-Way and within the
set back area up to a maximum of twenty (20) feet.
3. Pursuant to Section 4, paragraphs (b) and (d) of
the Prodecural Resolution, CITY agrees to reimburse
PROPERTY OWNER $ or 50 percent of the
actual costs, whichever is less, upon favorable
inspection and approval of the project by Director of
Parks, Recreation and Community Services Department and
upon presentation of receipted bills or invoices.
4. PROPERTY OWNER agrees to maintain property
accordance with City standards after landscape
construction is completed pursuant to
12.96.070, City Municipal Code.
in
con-
Section
EXHIBIT "II"
14 WITNESS:
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5. PROPERTY OWNER understands that in the event
property is not maintained according to City standards
that CITY may, after exhausting all efforts to have
PROPERTY OWNER perform the maintenance, cause said
property to be maintained and the cost shall be billed
by City to the property owner. Failure to pay the
invoice for costs of maintenance within 30 days shall
result in a lien on the property pursuant to proced-
ures of Section 12.96.070, City Municipal Code.
IN WITNESS WHEREOF, the parties have executed this
instrument upon the date first herein above appearing.
PROPERTY OWNER:
DEPARTMENT OF PUBLIC WORKS
CITY OF SAN BERNARDINO
By
By
(Name)
Director
(Address)
(AGREEMENTLSPIMP)
3/20/91
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
12.96 TO PROVIDE FOR THE INSTALLATION AND MAINTENANCE OF
LANDSCAPED FRONTAGES ON CITY RIGHTS OF WAY AND WITHIN THE
BUILDING SET-BACK AREA UP TO A MAXIMUM OF TWENTY (20) FEET
AND TO PROVIDE PROCEDURES FOR ASSESSMENT OF COSTS INCURRED BY
THE CITY IN THE EVENT THE LANDSCAPING IS NOT PROPERLY
MAINTAINED AFTER INSTALLATION.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 12.96 of the San Bernardino
Municipal Code is added to as follows:
"Chapter 12.96
Installation and Maintenance of Landscaped
Frontaqes on City Riqhts-Of Way and within
the buildinq set-back area up to a maximum
of twenty (20 feet."
12.96.010 Scope and Definitions.
A. This Chapter shall apply to the installation and
maintenance of landscapinq in front of properties in any
specified block where frontaqes do not have landscapinq which
complies with City standards and development codes and
provides for City participation with property owners for
sharinq the costs of installation on that portion of the
property frontinq on the Riqht-Of-way and the buildinq set-
back area up to a maximum of twenty (20) feet.
B. This Chapter shall apply to a lot or property
frontinq on, or otherwise adjacent to, or in conjunction with
specified street, arterial or collector street section or
specified commercial zones as listed in the procedure
resolution.
C. Definitions.
As used in this Chapter:
1. Frontaqes means all the property within the
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City Rights-of-Way and the building set-back up to a maximum
of twenty (20) feet fronting and facing the streets and
arterials in specified locations and commercial zones in the
City of San Bernardino.
2. Cost, installation cost, or variants thereof
means and includes the actual cost of installation and/or
maintenance of the landscaping and any incidental or
administrative expenses.
4. Director of Parks, Recreation and Community
Services Department or designee shall be responsible for
review and approval of landscape development plans and
specifications and final inspection after completion of
construction phase.
2.96.030 Participation by Property OWners.
A. When the owners of lots or portions of lots
fronting on any portion of a public street have frontages
existing which do not meet city codes and standards for
landscape improvements on said lot or parcel of property, the
owners may apply for City cost sharing assistance to install
landscaping in conformance with the remainder of the block
and in compliance with City approved plans and
specifications.
B. After applications for assistance and the
Agreement for joint City property owner participation are
approved, the Director of Public Works/City Engineer shall
notify the property owner to prepare landscape plans for
approval and upon approval of plans to cause landscaping
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to be installed on the frontages. Landscape plans shall be
reviewed and approved by the Director of Parks, Recreation
and Community Services Department prior to commencement of
landscape installation.
12.96.040 Participation By City.
Notwithstanding other provisions of this Chapter or
any other provision of law, the City may pay 1/2 of the cost
of construction of landscaping located on the right-of-way
and within the building set-back area up to a maximum of
twenty (20) feet, at the discretion of the Public works
Director. The Public Works Director shall make such
determination based on the cost of the construction, the
ability of the property owner to pay and the cooperation
exhibited by the property owner. Such determination shall
be subject to appeal to the Mayor and Common Council pursuant
to Chapter 2.64 of this Code.
12.96.050 Duty To Install Landscaping.
A. The owners of lots or portions of lots fronting
on the City Rights-Of-way in the specified areas whenever the
City has approved the application and signed the agreement to
pay the 50t portion of the costs of the installation of such
landscape improvements in front of said part, shall have the
duty of installation or causing the installation of
landscaping in front of their properties upon notice so to do
by the City.
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12.96.060 Duty To Maintain And Repair After Installation.
A. The owners of lots or portions of lots fronting
on any portion of the public right-of-way on the specified
streets and arterials or in the specified commercial zones
shall after such property is improved, maintain that property
in accordance with established City standards and in such
condition that the improved area will not endanger persons or
property and maintain it in a condition which will not
interfere with the public convenience in its use.
B. When the Director of Public Works/City Engineer
finds any landscaped frontages which are not being maintained
up to City maintenance standards or which are in condition to
endanger persons or property or in condition to interfere
with the public convenience in its use, the Director of
.Public Works/city Engineer shall notify the owners of the
property fronting on that portion of such rights-of-way to
perform maintenance of the landscaped frontages.
12.96.070 Service And Contents Of Notice To Maintain After
Installation.
A. Notice to repair or maintain landscaping and
appurtenant areas may be given by delivering a written
notice personally to the owner of the property or to the
person in possession of the property facing upon the city
Rights-of Way to be maintained or by mailing a written notice
to the owner of the property thereof at his last known
address as appears on the tax assessment rolls of the
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County. Immediately upon mailing the notice, the property
shall be posted in a conspicuous place.
B. The notice shall particularly specify what work
is required to be done, where standard landscape maintenance
requirements may be obtained showing how it i. to be done and
what materials and plants shall be used in the maintenance
improvements and shall further specify that if the
maintenance is not commenced within thirty (30) days after
notice is given and diligently and without interruption
prosecuted to completion, the Director of Public Works/city
Engineer shall cause the maintenance to be done, and the
cost of same shall be billed to the property owner. Failure
to pay invoices for landscape maintenance within thirty (30)
days shall result in a lien on the property.
C. The notice shall specify the day, hour and place
when the Mayor and Common Council will hear objections or
protests, if any, which may be raised by any property owner
or other interested persons, but in no case shall such
hearing be sooner than ten (10) days after giVing notice.
Upon the day and hour fixed for the hearing, the Mayor and
Common Council shall hear and pass upon objections or
protests and their decision shall be final and conclusive.
D. If the required maintenance improvements are not
commenced and prosecuted to completion with due diligence as
required by the notice, the Director of Public works/city
Engineer shall forthwith make the required improvements.
12.96.080 Hearing And Assessment Of Costs.
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1 A. Upon the completion of the maintenance
2 improvements, the Director of Public Works/City Engineer
3 shall cause notice of the cost of the maintenance
4 improvements to be given in the manner specified in
5 Subsection 12.96.060, except for posting, said notice shall
6 specify the day, hour and place when the Mayor and Common
7 Council will hear and pass upon a report by the Director of
8 Public Works/City Engineer of the cost of the improvements,
9 together with any objections or protests, if any, which may
10 be raised by any property owner liable to be assessed for the
11 cost of such maintenance improvements and any other
12 interested persons. In no case shall the hearing provided
13 for in this section be sooner than ten (10) days after giving
14 of notice.
15 B. The cost of the maintenance improvements may
16 include administrative expenses required for the proper
17 coordination and functioning of the maintenance improvements
18 in front of the parcel as determined by the Mayor and Common
19 Council.
20 c. Upon the day and hour fixed for the hearing the
21 Mayor and Common Council shall hear and pass upon the report
22 of the Director of Public Works/City Engineer, together with
23 any objections or protests which may be raised by any of the
24 property owners liable to be assessed for such maintenance
25 improvements and any other interested persons. Thereupon the
26 Mayor and Common Council may make such revision, correction
27 or modifications in the report as it may deem just, after
28 which, by resolution, the report as submitted, or as revised,
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1 corrected or modified, shall be confirmed. The Mayor and
2 Common Council may adjourn the hearings from time to time.
3 The decisions of the Mayor and Common Council on all protests
4 and objections which may be made, shall be final and
5 conclusive.
6 D. Upon confirmation of the above report, the Mayor
7 and Common Council may order the notice of lien to be turned
8 over to the accounting officer of the city, whereupon it
9 shall be the duty of this officer to have the amount of the
10 assessment added to the next regular bill for taxes levied
11 against the lot or parcel of land. . If the City taxes are
12 collected by the County officials, the notice of lien shall
13 be delivered to the County AUditor, who shall enter the
14 amount thereof on the County assessment book opposite the
15 description of the particular property and the amount shall
16 be collected together with all other taxes thereon against
17 the property. The notice of lien shall be delivered to the
18 County auditor before the date fixed by law for the delivery
19 of the assessment book to the County Board of Equalization.
20 12.96.090 Limitation Of Actions.
21 A. Time.
22 No action, suit, or proceeding to set aside,
23 cancel, avoid, annul or correct any assessment or
24 reassessment, or to review any of the proceedings, acts or
25 determinations therein, or to question the validity of, or to
26 enjoin the collection of the assessments or reassessments or
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to enjoin the issuance of bonds to represent the same, shall
be maintained by any person unless such action is commenced
within 30 days after the recordinq of the warrant, diaqram
and assessment or reassessment, and thereafter all persons
shall be barred from any such action or any defense of
invalidity of the assessment or of bonds issued thereon.
B. Property Unlawfully Dedicated or Acquired.
No proceedinqs taken or had under this provision
shall ever be held to be invalid on the qround that the
street Riqht-Of-Way, public property or any portion thereof,
upon which the work or any part thereof is or was done has
not been lawfully dedicated or acquired; provided, the same
is lawfully dedicated or acquired, or an order for possession
prior to judqement has been obtained.
I HEREBY CERTIFY CERTIFY that the foreqoinq ordinance
was duly adopted by the Mayor and Common Council of the City
of San Bernardino at a meetinq thereof, held
on the day of , 1991, by the
followinq vote, to wit:
COUNCIL MEMBERS !m ~ ABSTAIN
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
3/18/91
o
o
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C1ty Clerk
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1 The foreqoinq ordinance is hereby approved this
0 2 day of , 1991.
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4 w. R. Holcolllb, Mayor
City of San Bernardino
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Approved as to form
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By:
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18 CORD: LANDSPFRONT)
19 3/18/91 -9-
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