HomeMy WebLinkAboutItem No. 10 - Annexation No. 3 to CFD 2019-1 (Maintenance Services) for
10
Public Hearing
City of San Bernardino
Request for Council Action
Date: February 5, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By: Kris Jensen, Director of Public Works
Subject: Annexation No. 3 to CFD 2019-1 (Maintenance Services) for
Tax Zone No. 4, APN 0266-041-39
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1) Reopen the Public Hearing that was continued from the January 15, 2020
Regular Joint Meeting of the Mayor and City Council of San Bernardino and
receive any additional public comment; and
2) Adopt Resolution No. 2020-20 of the Mayor and City Council of the City of San
Bernardino, California, calling an election to submit to the qualified electors the
question of levying a special tax within the are proposed to be annexed to
Community Facilities District No. 2019-1 (Maintenance Services) (Annexation
No. 3); and
3) Hold a special landowner election and canvass the election; and
4) Adopt Resolution No. 2020-21 of the Mayor and City Council of the City of San
Bernardino, California, declaring election results for Community Facilities District
No. 2019-1 (Maintenance Services) (Annexation No. 3); and
5) Introduce, read by title only, and waive further reading of Ordinance No. MC-
1528 of the Mayor and City Council of the City of San Bernardino, California,
amending Ordinance No. MC-1522 and levying special taxes to be collected
during Fiscal Year 2020-21 to pay the annual costs of the maintenance and
servicing of landscaping, lighting, water quality improvements, graffiti, streets,
street sweeping, parks and trail maintenance, a reserve fund for capital
replacement, and administrative expenses with respect to City of San Bernardino
Community Facilities District No. 2019-1 (Maintenance Services); and
6) Schedule the final reading and adoption of Ordinance No MC-1528 for February
19, 2020.
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10.a
RESOLUTION NO. 2020-20
A RESOLUTION OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
CALLING AN ELECTION TO SUBMIT TO THE
QUALIFIED ELECTORS THE QUESTION OF LEVYING A
SPECIAL TAX WITHIN THE AREA PROPOSED TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO.
3)
WHEREAS, the Mayor and
-
declaring its intention to establish Community Facilities District No. 2019-1 (Maintenance
--Roos Community Facilities Act of 1982
taxes within CFD No. 2019-1 pursuant to
described in Exhibit A hereto, and
WHEREAS, the City Council set a public hearing for July 17, 2019 after which the
Council adopted Resolution No. 2019-081 forming the CFD No. 2019-1 and calling a special
election at which the questions of levying a special tax and establishing an appropriations limit
with respect to the CFD No. 2019-1 were submitted to the qualified electors within the CFD No.
2019-1; and
WHEREAS, on July 17, 2019, the City Council adopted Resolution No. 2019-081
declaring the results of the special election and finding that more than two-thirds (2/3) of all
votes cast at the special election were cast in favor of the proposition presented, and such
proposition passed; and
WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section
53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code as amended (the
"Act"), to annex territory into an existing community facilities district by complying with the
procedures set forth in said Article 3.5; and
WHEREAS, the City Council on December 4, 2019 duly adopted Resolution No. 2019-
346
2019-1 (Maintenance Services) and to levy a special tax within that territory to pay for certain
services and setting a time and place for the public hearing on the proposed annexation for
January 15, 2020; and
WHEREAS, the territory proposed to be annexed is identified in a map entitled
"Annexation Map No. 3 Community Facilities District No. 2019-1 (Maintenance Services)" a
copy of which was recorded, on December 10, 2019, in Book 89 of Maps of Assessment and
Attachment: PW.CFD 2019-1 Annex 3 Attach 2. Reso 2020-20 Calling an Election \[Revision 1\] (6598 : Annexation No. 3 to CFD 2019-1
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10.b
EXHIBIT A
DESCRIPTION OF SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1,
as provided by Section 53313 of the Act, will include all costs attributable to maintaining,
servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for
replacement) in public street right-of-ways, public landscaping, public open spaces and other
similar landscaped areas officially dedicated for public use. These services including the
following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power
to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs,
fixtures and standards; maintenance (including irrigation and replacement) of landscaping
vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance
and repair of irrigation facilities; maintenance of public signage; graffiti removal from and
maintenance and repair of public structures situated on parks, parkways, streets, roads and open
space; maintenance and repair of playground or recreation program equipment or facilities
situated on any park; and
(b) maintenance and operation of water quality improvements which include storm
drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin
inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities.
Maintenance services may include but is not limited to the repair, removal or replacement of all
or part of any of the water quality improvements, fossil fuel filters within the public right-of-way
including the removal of petroleum hydrocarbons and other pollutants from water runoff, or
appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to
improvements, and other items necessary for the maintenance, servicing; or both of the water
quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of
CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No.
2019-1; and any portions adjacent to the properties within CFD No. 2019-1.
In addition to payment of the cost and expense of the forgoing services, proceeds of the special
this resolution of intention.
The above services shall be limited to those provided within the boundaries of CFD No. 2019-1
or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is
expanded from time to time by anticipated annexations, and said services may be financed by
proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to
those provided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created.
Attachment: PW Annexation No. 3 to CFD 2019-1 - 2020-20 Exhibit A (6598 : Annexation No. 3 to CFD 2019-1 (Maintenance Services) for Tax
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10.c
RATEANDMETHODOFAPPORTIONMENTOFSPECIALTAXFOR
COMMUNITYFACILITIESDISTRICTNO.20191(MAINTENANCESERVICES)
OFTHECITYOFSANBERNARDINO
ASpecialTax(theͻ{ƦĻĭźğƌğǣͼΜshallbeleviedonandcollectedfromeach!ƭƭĻƭƭƚƩƭParcel(defined
below)inCommunityFacilitiesDistrictNo.20191(MaintenanceServices)(theͻ/C5No.2019Њͼor
ͻ/C5ͼͳdefinedbelow),ineachFiscalYear,(definedbelow),commencingintheFiscalYearbeginningJuly
1,2019,inanamountdeterminedbytheCityCounciloftheCityofSanBernardino,actinginitscapacity
asthelegislativebodyofCFDNo.20191,byapplyingtherateandmethodofapportionmentsetforth
below.AlloftherealpropertyinCFDNo.20191,unlessexemptedbylaworbytheprovisionsherein,
shallbetaxedtotheextentandinthemannerprovidedherein.
A. DEFINITIONS
ͻ!ĭƩĻͼ or ͻ!ĭƩĻğŭĻͼ meansthelandareaofan!ƭƭĻƭƭƚƩƭParcelasshownonany!ƭƭĻƭƭƚƩƭParcel
Map,orifthelandareaisnotshownonthe!ƭƭĻƭƭƚƩƭParcelMap,thelandareaasshownonthe
applicableFinalMap,oriftheareaisnotshownontheapplicableFinalMap,thelandareashallbe
calculatedbytheAdministrator.
ͻ!ķƒźƓźƭƷƩğƷźǝĻ9ǣƦĻƓƭĻƭͼ meanstheactualorreasonablyestimatedcostsdirectlyrelatedtothe
.20191including,butnotlimitedto:thecosts
formation,annexation,andadministrationofCFDNo
ofcomputingtheSpecialTaxesandpreparingtheannualSpecialTaxcollectionschedules(whether
bytheCityordesigneethereoforboth);thecoststotheCity,CFDNo.20191,oranydesigneethereof
associatedwithfulfillingtheCFDNo.20191disclosurerequirements;thecostsassociatedwith
respondingtopublicinquiriesregardingtheSpecialTaxes;thecostsoftheCity,CFDNo.20191or
anydesigneethereofrelatedtoanappealoftheSpecialTax;andtheCity'sannualadministrationfees
includingpaymentofaproportionalshareofsalariesandbenefitsofanyCityemployeesandCity
overheadwhosedutiesarerelatedtotheadministrationandthirdpartyexpenses.Administrative
ExpensesshallalsoincludeamountsestimatedoradvancedbytheCityorCFDNo.20191forany
otheradministrativepurposesofCFDNo.20191,includingattorney'sfeesandothercostsrelatedto
commencingandpursuingtocompletionanyforeclosureofdelinquentSpecialTaxes.
ͻ!ķƒźƓźƭƷƩğƷƚƩͼ meanstheCityManageroftheCityofSanBernardino,orhisorherdesignee.
ͻ!ƦƦƩƚǝĻķtƩƚƦĻƩƷǤͼ meansall!ƭƭĻƭƭƚƩƭParcelsofTaxablePropertythatareincludedinaFinal
MapthatwasrecordedpriortotheMarch1precedingtheFiscalYearinwhichtheSpecialTaxisbeing
levied,andthathavenotbeenissuedabuildingpermitonorpriortotheMarch1precedingtheFiscal
yearinwhichthespecialtaxisbeinglevied.
tisidentifiablebyan!ƭƭĻƭƭƚƩƭParcelNumber
ͻ!ƭƭĻƭƭƚƩƭtğƩĭĻƌͼ meansalotorparceloflandtha
bytheCountyAssessoroftheCountyofSanBernardino.
ͻ!ƭƭĻƭƭƚƩƭParcelağƦͼ meansanofficialmapoftheAssessoroftheCountydesignatingparcelsby
!ƭƭĻƭƭƚƩƭParcelNumber.
ͻ!ƭƭĻƭƭƚƩƭParcelbǒƒĬĻƩͼ meansthatidentificationnumberassignedtoaparcelbytheCounty
AssessoroftheCounty.
Attachment: PW.CFD 2019-1 Annex 3 Attach 2a. Reso 2020-20 Rate and Method of Apportionment (6598 : Annexation No. 3 to CFD 2019-1
CityofSanBernardino1
CommunityFacilitiesDistrictNo.20191(MaintenanceServices)
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10.d
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 3
(January 15, 2020)
This ballot is for the use of the authorized representative of the following owner of land within
Community Facilities District No. 2019-1 (Maintenance Services) (ÐCFD No. 2019-1Ñ) of the City
of San Bernardino:
Name of Landowner Number of Acres Owned Total Votes
Devore Storage Facility LLC 2.78 3
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions
of the City Council (the ÐCouncilÑ) of the City of San Bernardino (the ÐCityÑ), the above-named
landowner is entitled to cast the number of votes shown above under the heading ÐTotal Votes,Ñ
representing the total votes for the property owned by said landowner. The City has sent the
enclosed ballot to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which
parcels are located within the territory proposed to form the CFD No. 2019-1, City of San
Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909)
384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these
parcels. This special tax ballot may be used to express either support for or opposition to the
proposed special tax. To be counted, this special tax ballot must be signed below by the owner
or, if the owner is not an individual, by an authorized representative of the owner. The ballot must
then be delivered to the City Clerk, either by mail or in person, as follows:
Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than
January 1, 2020, two calendar weeks prior to the date set for the election. Mailing
later than this deadline creates the risk that the special tax ballot may not be
received in time to be counted.
Personal
Delivery: If in person, deliver to the City Clerk at any time up to 6:00 p.m. on January 15,
2020, at the ClerkÓs office at 201 N. ÐEÑ Street, Bldg A, City of San Bernardino, CA
92401.
However delivered, this ballot must be received by the Clerk prior to the close of the public
meeting on January 15, 2020.
Very truly yours,
Georgeann Hanna, MMC, City Clerk
Attachment: PW Annexation No. 3 to CFD 2019-1 - 2020-20 Exhibit C.Ballot \[Revision 1\] (6598 : Annexation No. 3 to CFD 2019-1 (Maintenance
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10.e
Resolution No. 2020-21
RESOLUTION NO. 2020-21
A RESOLUTION OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
DECLARING ELECTION RESULTS FOR COMMUNITY
FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE
SERVICES) (ANNEXATION NO. 3)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San
Bernardino (the "City") has heretofore conducted proceedings for the area proposed to be
annexed to Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No.
2019-1") of the City of San Bernardino, including conducting a public hearing pursuant to
Section 53339.5 of the Government Code; and
WHEREAS, at the conclusion of said public hearing, the City Council adopted a
resolution calling a special election for January 15, 2020, and submitting to the qualified electors
of the territory to be annexed to the CFD No. 2019-1 the question of levying special taxes on
parcels of taxable property therein for the purpose of providing certain services which are
necessary to meet increased demands placed upon the City as a result of the development of said
real property as provided in the form of special election ballot; and
WHEREAS, a Certificate of Election Results, attached thereto as Exhibit A, dated
January 15, 2020, executed by the City Clerk (or, in the absence of the City Clerk, the Acting
City Clerk in either case, Council, certifying that a
completed ballot has been returned to the Clerk for each landowner-voter(s) eligible to cast a
ballot in said special election
and further certifying on said basis that the special mailed-ballot election was closed; and
WHEREAS, this Council
Certificate of Election Results and wishes by this resolution to declare the results of the special
mailed-ballot election;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SAN BERNARDINO:
Section 1. Recitals. This Council finds and determines that the foregoing recitals are true
and correct.
Section 2. Ballot Measure. This Council hereby finds, determines and declares that the
ballot measure submitted to the qualified electors of the territory to be annexed to CFD No.
2019-1 has been passed and approved by those qualified electors in accordance with Sections
53328 and 53329 of the Government Code.
Attachment: PW Annexation No. 3 to CFD 2019-1 - 2020-21 Resolution \[Revision 1\] (6598 : Annexation No. 3 to CFD 2019-1 (Maintenance
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10.f
EXHIBIT A
DESCRIPTION OF SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as
provided by Section 53313 of the Act, will include all costs attributable to maintaining,
servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for
replacement) in public street right-of-ways, public landscaping, public open spaces and other
similar landscaped areas officially dedicated for public use. These services including the
following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power
to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs,
fixtures and standards; maintenance (including irrigation and replacement) of landscaping
vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance
and repair of irrigation facilities; maintenance of public signage; graffiti removal from and
maintenance and repair of public structures situated on parks, parkways, streets, roads and open
space; maintenance and repair of playground or recreation program equipment or facilities
situated on any park; and
(b) maintenance and operation of water quality improvements which include storm
drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin
inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities.
Maintenance services may include but is not limited to the repair, removal or replacement of all
or part of any of the water quality improvements, fossil fuel filters within the public right-of-way
including the removal of petroleum hydrocarbons and other pollutants from water runoff, or
appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to
improvements, and other items necessary for the maintenance, servicing; or both of the water
quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of
CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No.
2019-1; and any portions adjacent to the properties within CFD No. 2019-1.
In addition to payment of the cost and expense of the forgoing services, proceeds of the special
to
this resolution of intention.
The above services shall be limited to those provided within the boundaries of CFD No.
2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the
boundary is expanded from time to time by anticipated annexations, and said services may be
financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in
addition to those provided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was
created.
Attachment: PW Annexation No. 3 to CFD 2019-1 - 2020-21 Exhibit A (6598 : Annexation No. 3 to CFD 2019-1 (Maintenance Services) for Tax
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10.g
EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
SPECIAL TAX FISCAL YEAR 2020-21
(Effective as of January 15, 2020)
ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor's Parcel Numbers
Original Formation Cauffman Family Trust 4/20/98 0142-041-43
Original Formation Cauffman Family Trust 5/4/11 0142-041-46
0348-111-52, 0261-031-10, -11,
1 17329, LLC and 0261-062-11 thru -14
3 Devore Storage Facility LLC 0266-041-39
Attachment: PW Annexation No. 3 to CFD 2019-1 - 2020-21 Exhibit B (6598 : Annexation No. 3 to CFD 2019-1 (Maintenance Services) for Tax
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10.h
ORDINANCE NO. MC-1528
AN ORDINANCE AMENDING ORDINANCE NO. MC-1522
AND LEVYING SPECIAL TAXES TO BE COLLECTED
DURING FISCAL YEAR 2020-21 TO PAY THE ANNUAL
COSTS OF THE MAINTENANCE AND SERVICING OF
LANDSCAPING, LIGHTING, WATER QUALITY
IMPROVEMENTS, GRAFFITI, STREETS, STREET
SWEEPING, PARKS AND TRAIL MAINTENANCE, A
RESERVE FUND FOR CAPITAL REPLACEMENT, AND
ADMINISTRATIVE EXPENSES WITH RESPECT TO CITY
OF SAN BERNARDINO COMMUNITY FACILITIES
DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San
Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a
community facilities district to be known as "City of San Bernardino Community Facilities
District No. 2019-1 (Maintenance Services), County of San Bernardino, State of California" (the
"Community Facilities District"), is proposed to be established under the provisions of Chapter
2,5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California
Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982"
(the "Act"), and fixing the time and place for a public hearing on the formation of the
Community Facilities District; and
WHEREAS, notice was published and mailed to the owners of the property in the
Community Facilities District as required by law relative to the intention of the City Council to
establish the Community Facilities District and the levy of the special taxes therein to provide
certain services, and of the time and place of said public hearing; and
WHEREAS, on January 15, 2020, at the time and place specified in said published and
mailed notice, the City Council opened and held a public hearing as required by law relative to
the formation of the Community Facilities District, the levy of the special taxes therein and the
provision of services by the Community Facilities District; and
WHEREAS, due to a technical issue with ballot received, the Mayor and City Council
continued the public hearing to the regular meeting of February 5, 2020; and
WHEREAS, at the public hearing all persons desiring to be heard on all matters
pertaining to the formation of the Community Facilities District, the levy of the special taxes and
the provision of services therein were heard, and a full and fair hearing was held; and
WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled
"Resolution of the City Council of the City of San Bernardino Establishing Calling An Election
for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the
Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of
Special Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities
Attachment: PW.CFD 2019-1 Annex 3 Attach 5. Ordinance \[Revision 1\] (6598 : Annexation No. 3 to CFD 2019-1 (Maintenance Services) for Tax
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10.i
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 3
CERTIFICATE OF ELECTION RESULTS
I, the undersigned, being the City Clerk or the Acting City Clerk, as the case
may be, hereby certify:
In connection with the special mailed-ballot election called by the City Council
of the City of San Bernardino on this same date in the
proceedings of the City Council for the annexation of territory to the above-entitled community
facilities district, I personally received (a) a signed and dated waiver and consent form and (b) a
signed, dated and marked election ballot(s) on behalf of the owner(s) listed below, the entity
named as the sole landowner of the land within the boundary of the above-entitled community
facilities district in the Certificate Regarding Registered Voters and Landowners, dated
December 5, 2019, and on file in the office of the City Clerk of the City in connection with the
City Council actions on that date. Copies of the completed waiver and consent form and the
completed ballot received by me and on file in my office are attached hereto.
Following such receipt, I have personally, and in the presence of all persons
present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify
the result of that count to be that the ballot was cast in favor of the measure.
favor of the ballot measure, the measure has therefore passed.
Qualified
Landowner Landowner Votes Votes Cast YES NO
Devore Storage Facility LLC 3 3
I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct and that this declaration is executed on ____________, 2020.
Georgeann Hanna, MMC
City Clerk
City of San Bernardino
By:
(Attach completed copies of Waiver/Consent and Ballot)
Attachment: PW.CFD 2019-1 Annex 3 Attach 4. Certificate (6598 : Annexation No. 3 to CFD 2019-1 (Maintenance Services) for Tax Zone No. 4,
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10.j
Attachment: PW.CFD 2019-1 Annex 3 Attach 6. Petition (6598 : Annexation No. 3 to CFD 2019-1 (Maintenance Services) for Tax Zone No. 4, APN
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Attachment: PW.CFD 2019-1 Annex 3 Attach 1. Project Map (6598 : Annexation No. 3 to CFD 2019-1
10.k
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Attachment: PW.CFD 2019-1 Annex 3 PowerPoint \[Revision 1\]
10.l
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Director of Public Works/City Engineer
, Deputy
1 Annexation No. 3:
Qishta
-
Public Hearing CFD No. 2019 Tax Zone No. 4 (Got Propane)Presented by Alex