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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James F. Penman, City Attorney
Subject:
Resolution of the Mayor and Common Council of
the City of San Bernardino designating the area
burned by the Old Waterman Canyon Fire as a disaster
area under San Bernardino Municipal Code Section
15.04.080(B)(2).
MCC Meeting: October 29,2003
Dept: City Attorneys Office
Date: October 29,2003
ORIGINAL
Synopsis of Previous Council Action:
None
Recommended motion:
Adopt the Resolution.
Contact person: James F. Penman
Phone: 384-5355
Supporting data attached:
Ward(s):
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
12_~,:9-7m$- 'Z"i>'j
75.0262
Agenda Item No. .3
10 I;) 1103
STAFF REPORT
Council Meeting Date of: October 29, 2003
TO: Mayor and Common Council
FROM: James F. Penman, City Attorney
DATE: October 29, 2003
AGENDA ITEM: Resolution of the Mayor and Common Council of the City of San
Bernardino designating the area burned by the Old Waterman Canyon
Fire as a disaster area under San Bernardino Municipal Code Section
15.04.080(B)(2).
On October 25,2003, the Mayor issued a Proclamation of the existence of a local emergency
caused by the Old Waterman Canyon Fire. On October 29,2003, the Common Council will be
asked to ratify this Proclamation at an Emergency Meeting of the Common Council. Thus far, over
330 structures within the City of San Bernardino have been damaged or destroyed by the Old
Waterman Canyon Fire.
San Bernardino Municipal Code Section 15.04.080(B)(2) provides the following:
"B. Fees shall be waived for the following:
(2) Natural Disaster Damage - No fees shall be charged for permits issued to owners for
demolition or first rebuilding of damaged or destroyed structures located in an area
designated as a disaster area by resolution ofthe Mayor and Common Council. This
exemption shall apply only to property owners of record at the time of the disaster,
and not to persons subsequently acquiring the property. This fee exemption shall be
valid for a period of 7 (seven) years from the date of the adoption of the resolution."
The adoption of this Resolution will assist property owners in the designated area with the
repair and rebuilding of their homes by waiving fees for City permits and inspections. We
recommend that the Mayor and Common Council adopt this Resolution.
HElcj[DisasterStff.Rpt]
1
,
1
RESOLUTION'(Q)~r
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO DESIGNA TING THE AREA BURNED BY THE OLD
WATERMAN CANYON FIRE AS A DISASTER AREA UNDER SAN BERNARDINO
MUNICIPAL CODE SECTION 15.04.080(B)(2).
2
3
4
Be it resolved by the Mayor and Conunon Council of the City of San Bernardino
5 as follows:
6 WHEREAS, the Mayor on October 25, 2003, issued a Proclamation of the
existence of a local emergency caused by the Old Waterman Canyon Fire; and:
7
WHEREAS, the Common Council has ratified said Proclamation at an Emergency
8 Meeting of the Conunon Council held on October 29,2003; and
9 WHEREAS, over 330 structures within the City of San Bernardino have been
damaged or destroyed by the Old Waterman Canyon Fire; and
10
WHEREAS, San Bernardino Municipal Code Section 15.04.080(B)(2) provides
11 in part, that no fees shall be charged for permllS issued to owners for demolition or first
rebuilding of damaged or destroyed structures located in an area designated as a disaster area
12 by resolution of the Mayor and Common Council; and
13 WHEREAS, the Mayor and Common Council wish to assist property owners with
the repair and rebuilding of their damaged or destroyed homes and structures;
14
15
NOW THEREFORE be it resolved that the Mayor and Common Council hereby
designate the area burned by the Old Waterman Canyon Fire as a disaster area under San
Bernardino Municipal Code Section 15.04.080(B)(2), so that no fees shall be charged for
pennits issued to owners for demolition orfirst rebuilding of damaged or destroyed structures
In accordance with the provisions of said Section.
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17
III
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III
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III
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III
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HE/cJ[DisasterReso] 1
~
Ui
1
RESOLUTION OF THE MA YOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO DESIGNATING THE AREA BURNED BY THE OLD WATERMAN
CANYON FIRE AS A DISASTER AREA UNDER SAN BERNARDINO MUNICIPAL CODE
3 SECTION 15.04.080(B)(2).
4 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, held on the _day
6 of
, 2003, by the following vote, to wit:
7
8 COUNCIL MEMBERS: AYES NAYS
9 ESTRADA
10 LONGVILLE
11 MCGINNIS
12 DERRY
13 SUAREZ
14 ANDERSON
15 MC CAMMACK
16
17
ABSTAIN ABSENT
Rachel Clark, City Clerk
18
The foregoing Resolution is hereby approved this _ day of
,2003.
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20
21
22
JUDITH V ALLES,
Mayor of the City of San Bernardino
23
24 Approved as to form
and legal content:
25
26 JAMES F. PENMAN
City Attorney
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HE/cJ[Disaster.Reso) 2
, "
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): IO.-?"j - 63 Item # 3
Vote: Ayes 2-'1 Nays h
Resolution #
Abstain .Jd
'2c03 - 2.. ~~
Absent }
Change to motion to amend original documents:
Reso, # On Attachments: /' Contract term:
Note on Resolution of Attachment stored separately: __
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By:
NulVVoid After:
Date of Mayor's Signature:
Date ofClerklCDC Signature:
Reso_ Log Updated:
Seal Impressed:
~
Date Sent to Mayor:
16- /p~D'3.
Date ~nt for Signature:
.----
60 Day Reminder Letter Sennilr3lltb_dl!Y'___
90 Day Reminder Letter Sent on 45th day:
.-------
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See Attached:
See Attached:
See Attached:
-------------.
Date Returned:
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 Traffie Folders (3985, 8234, 655, 92-389):
Yes~
Yes
Yes
Yes
Yes
No
BYt'
By
By
:j
No ...L-
No ...L..
No -L-
No/
Copies Distribu/ to:
City Attorney Code Compliance
Dev. Services
EDA
Finance
Others: t\~
MIS
Parks & Rec,
Police
Public Services
Water
Notes:
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.)
Ready to File:_
Date:
Revised 01/12/01