HomeMy WebLinkAbout05-Urgency Ordinance
CITY OF SAN BERNARDINO
California
STAFF REPORT
TO: Mayor and Common Council
FROM: City Staff
SUBJECT: Adoption of an Urgency Ordinance of the City of San Bernardino,
California, Extending the Effective Date of an Infrastructure
Development Fee Program for Right-of-Way Improvements and Public
Improvements in the Verdemont Area.
Adoption of Resolution of the City of San Bernardino, Revising the
Amount of the Infrastructure Fee to be Levied for Right-of-Way
Improvements and Public Improvements.
DATE:
January 3, 1990
BACKGROUND
City Staff has determined that the Verdemont area of the City of
San Bernardino (the "City") requires the construction and installation of
addi tional public infrastructure in order to bring such area into conformity
with the City's General Plan and to facilitate further private development
within the area. The existing infrastructure system does not conform with the
City's General Plan requirements and accordingly development should not
continue without the provision of additional public facilities and
improvements.
The City is presently considering an amendment to the San Bernardino Municipal
Code to establish a permanent program for the levy of infrastructure fees to
provide revenues to fund the public improvements which would be necessitated
by any proposed private development within the area.
Until such amendment becomes effective, the City has previously on December 4,
1989, taken action to adopt an Urgency Ordinance and corresponding Resolution
in order to ensure the provision of funding prior to the commencement of any
additional development. Such action was taken in accordance with
Section 65962 of the California Government Code.
Page 2
ANALYSIS
(a) Urgency Ordinance
The Urgency Ordinance referenced above authorizes an extension of the
effective date of the December 4, 1989 Urgency Ordinance which initially
established an interim infrastructure fee program. Pursuant to the
Urgency Ordinance referenced above, the original Urgency Ordinance would
remain in effect for an additional thirty (30) days through and including
February 4, 1990.
In addition, the Urgency Ordinance referenced above makes technical
changes to the initial Urgency Ordinance adopted December 4, 1989, to the
extent that it includes within the definition of Right-of-Way
Improvements, portions of Palm Avenue. The above-referenced Urgency
Ordinance also permits any fee payer or developer who voluntarily prepays
or who has already prepaid the amount of the infrastructure fee to be
exempt from any increases in the fee attributable to increases in the
costs of Right-of-Way Improvements and/or Public Improvements.
(b) Resolution Revisin~ the Amount of the Fee
The above-referenced Resolution revises the amount of the Infrastructure
Fee which was initially set pursuant to the December 4, 1989 Resolution.
The revision is necessitated by the inclusion of Palm Avenue wi thin the
list of proposed streets requiring Right-of-Way Improvements. In
addition, said Resolution also provides that if any developer or fee payer
voluntarily prepays the fee then such developer or fee payer will be
exempt from paying any additional increases in the fee which are
attributable to increases in the costs of Right-of-Way Improvements and/or
Public Improvements.
CONCLUSIONS AND RECOMMENDATIONS
Ci ty Staff recommends that the Mayor and Common Council adopt the attached
Urgency Ordinance and the attached Resolution.
SBE00099/3340S