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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James F. Penman, City Attorney
City Attorney's Office
Subject: Ordinance Amending Chapter 3.13 of the Municipal
Code Relating to Waiver or Refund of Fees For
Charitable Organizations
Date: June 29, 2004
ORIGINAL
MCC Meeting: July 6, 2004
Synopsis of Previous Council Action:
June 23, 2004 - Ways and Means Committee moved item forward to Mayor and Council.
Recommended motion:
That said Ordinance be laid over for final adoption.
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Contact person: Henry Empeno. Jr.. Sr. Deputv Citv Attornev
Phone: 384-5355
Supporting data attached: Staff Report
Ward(s): City-Wide
FUNDING REQUIREMENTS:
Amount: Depends on what Applications are Granted
Source:
Finance:
Council Notes:
75-0262
Agenda Ite
$9
71FJ /00
STAFF REPORT
Council Meeting Date of: July 6, 2004
TO: Mayor and Common Council
FROM: James F. Penman, City Attorney
DATE: June 29, 2004
AGENDA ITEM: Ordinance ofthe City of San Bernardino Amending Chapter 3.13 ofthe
San Bernardino Municipal Code Relating to Waiver or Refund of Fees
For Charitable Organizations.
Previously, the Development Services Department presented to the Ways and Means
Committee and to the Mayor and Common Council, proposed revisions to the Municipal Code to
establish an administrative waiver for fees related to Temporary Use Permits (TUP) and other City
fees related to special events for charitable organizations. Those revisions were referred to the City
Attorney's Office to review Chapter 3.13 to clarify the type of charitable entities which may qualify
for the waiver or refund of fees.
Attached is a "strike-out version" showing the changes to Chapter 3.13, as well as a "clean
version" showing Chapter 3.13 after the changes. The proposed revisions allow any charitable non-
profit organization, corporation, foundation or religious institution or affiliate thereof, determined
by the Internal Revenue Service as meeting the requirements of 26 U.S.C. 501(c) or (d) of the
Internal Revenue Code, to apply for a waiver or a refund of fees for certain permits, including a
temporary use permit and a parade permit. The proposed revisions also allow the Mayor or the
Mayor's designee to waive or refund those fees which total up to $2,000.00 per event; and to allow
the Mayor and Common Council to waive or refund those fees which total in excess of $2,000.00.
Onlune 23, 2004, the Ways and Means Committee unanimously recommended that this item
be referred to the Mayor and Council with the recommended changes.
Recommendation: That said Ordinance be laid over for final adoption.
HE/cj [WaiverRefundFeoStaff.Rpt]
Chapter 3.13
Waiver or Refund of Fees for Charitable Organizations
Sections:
3.13.010
3.13.020
3.13.025
3.13.030
Interpretation of Chapter
Request for Waiver or refund
Waiver or Refund
Applicability
3.13.010 Interpretation of Chapter
Whenever an application is made a charitable non-profit organization, corporation,
foundation or religious institution or affiliate thereof, that meets the criteria stated in
Section 3.13.030, submits an application to any department or division of a department of the
City for a permit, license or certificate for a building or structure, or for wiring, plumbing, heating,
ventilating, air conditioning or refrigeration, or any other development permit, or undergrounding
of utility costs, or temporary use permit, or parade permit, b) a non profit charitable
organization, ,..hich desires and the applicant requests that the fee be waived or refunded, the
procedure set forth in this Chapter shall govern.
3.13.020 Request for Waiver or Refund
The request for a waiver or a refund must be made on a verified claim and application
signed by the representative of the original applicant and submitted to the department not later
than ten (10) days prior to the event for a fee waiver, and not later than sixty (60) days after the
event for a fee refund pa)ment of the fee, and mtJ3t be pre3ented to the depaflment or division
6f department t6 ..hon, the fe;e ..as paid. The department or divisiolo shall then determine which
portion, if any, of the fee is not attributable to City charges, and shall also determine the cost to the
City of time spent or to be spent or expenses incurred or to be incurred by the department or
division. A report of such costs to the City and other relevant data pertaining to the permit, license
or certificate shall be forwarded to the administl'!ltive officer City Administrator for presentation
to the Mayor, the Mayor's designee or to the Mayor and Common Council.
3.13.025 Waiver or Refund
The Mayor and Common Council may in their discretion and taking into consideration the
information provided pursuant to Section 3.13.020, waive or refund the established fees in-awhere
the total amount of not to exceeds I1.venly five two thousand dollars ($iS 2,000.00) per event for
an) 6ne 6rganization in any l1.velve month period. The Mayor or the Mayor's designee may in
his or her discretion and taking into consideration the information provided pursuant to
Section 3.13.020, waive or refund temporary use permit fees and related City fees in a total
amount not to exceed two thousand dollars ($2,000.00) per event.
"3.13.030 Applicability
The provisions of this Chapter shall apply to all charitable non-profit organizations,
corporations, foundations or religious institutions or affiliates thereof determined by the
Internal Revenue Service to meet the requirements of 26 U.S.C. Section 501 (c) ffl or (d) of the
Internal Revenue Code 83 long 83 stieR ol'gaRi%8tion3 arc Rot "8 G1=U:JfCR, or COR\'cntion or
association of ''''!:Irene!'' 83 described in 2C U.C.C. GectioFl170(b)(1 )(A)(1) of the IFlternal Rev8F1tJ8
HFljs[3.13.strikeout]
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O!Cnp1f
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 3.13 OF
THE SAN BERNARDINO MUNICIPAL CODE RELATING TO WAIVER OR REFUND OF FEES FOR
CHARITABLE ORGANIZATIONS.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN
AS FOLLOWS:
SECTION 1. Chapter 3.13 of the San Bernardino Municipal Code IS amended to read as follows:
7
Chapter 3.13
8 Sections:
3.13.010
9 3.13.020
3.13.025
10 3.13.030
Waiver or Refund of Fees for Charitable Organizations
Interpretation of Chapter
Request for Waiver or refund
Waiver or Refund
Applicability
11 "3.13.010 Interpretation of Chapter
o
12 Whenever a charitable non-profit organization, corporation, foundation or religious institution
or affiliate thereof, that meets the criteria stated in Section 3.13.030, submits an application to any
13 department of the City for a permit, license or certificate for a building or structure, or for wiring,
plumbing, heating, ventilating, air conditioning or refrigeration, or any other development permit, or
14 undergrounding of utility costs, or temporary use permit, or parade permit, and the applicant requests
that the fee be waived or refunded, the procedure set forth in this Chapter shall govern"
15
"3.13.020 Request for Waiver or Refund
16
The request for a waiver or a refund must be made on a verified application signed by the
17 representative of the original applicant and submitted to the department not later than ten (10) days
prior to the event for a fee waiver, and not later than sixty (60) days after the event for a fee refund.
18 The department shall then determine which portion, if any, of the fee is not attributable to City
charges, and shall also determine the cost to the City of time spent or to be spent or expenses
19 incurred or to be incurred by the department. A report of such costs to the City and other relevant
data pertaining to the permit, license or certificate shall be forwarded to the City Administrator for
20 presentation to the Mayor, to the Mayor's designee, or to the Mayor and Common Council."
21 "3.13.025 Waiver or Refund
22 The Mayor and Common Council may in their discretion and taking into consideration the
information provided pursuant to Section 3.13.020, waive or refund the established fees where the
23 total amount exceeds two thousand dollars ($2,000.00) per event. The Mayor or the Mayor's
designee may in his or her discretion and taking into consideration the information provided pursuant
24 to Section 3.13.020, waive or refund temporary use permit fees and related City fees in a total
amount not to exceed two thousand dollars ($2,000.00) per event."
o
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26
"3.13.030 Applicability
The provisions of this Chapter shall apply to all charitable non-profit organizations,
27 corporations, foundations, or religious institutions or affiliates thereof determined by the Internal
Revenue Service to meet the requirements of 26 U.S.C. Section 501(c) or (d) of the Internal
28 Revenue Code."
HE/js 13 13.0RDlNANCEI
c
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 3.13 OF
2 THE SAN BERNARDINO MUNICIPAL CODE RELATING TO WAIVER OR REFUND OF
FEES FOR CHARITABLE ORGANIZATIONS.
3
4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a
meeting thereof, held on the
6 _ day of
, 2004, by the following vote, to wit:
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8 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
9 ESTRADA - -
10 LONGVILLE -
II MCGINNIS -
12 DERRY -
13 KELLEY -
0
14 JOHNSON
- -
15 MC CAMMACK
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17
City Clerk
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The foregoing Ordinance is hereby approved this _ day of
,2004.
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21
JUDITH V ALLES, Mayor
City of San Bernardino
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24 Approved as to form
and legal content:
25 JAMES F. PENMAN
o 26 City Attorney
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AGENDA ITEM TRACKING FORM
Meeting Date/Date Adopted: 7 j; "1.10 1/ Item No.
t
Resolution/Ordinance No. /he - /17<1
Effective Date: ~ -/9 - 0 'I
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Abstain: .0-
Date Sent to ~ 7-:20 - 0,-/
Date of Mayor's Signature: 7- 22 -0 V
Date Summary Sent to Attorney: '1- 20 -0 '(
0.0. "'~;....~ q ,~
Meeting Type: t~~
Continued Fro & Item No.
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I@
A
Ordinance Urgency: Yes
TerminationlSunset Date:
Vote:
Ayes:
Nays: -e-
Absent: --bL
Date of Clerk's Signature:
7-l-2.. -0<(
7-2..2--0
Date Returned from Mayor:
Date Summary Returned from Attorney:
Date Seal Impressed:
7/2 L/a,/
I
Date Sent for Signature:
Expiration 07:
Copies Di~uted To: '
~ I~
./
Exhibits Complete & Attached to Resolution/Ordinance:
Reminder Letter Sent:
Reminder Letter Sent:
Reminder Letter Sent:
Request for Council Action & Staff Report Attached: Yes
N~ If/,./;~ /'~- - P'i}!t
To Whom:
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No
Ready to File:
Date:
DOCUMENT lOCATION:
fOAMSIAaMda 11m TIIldlinI form~CC FomI No. 111_'" UIldI*: lV0411996