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Home My WebLink About39-City Clerk - .CITY OF SAN BERtQRDINO - REQUEST OR COUNCIL ACTION From: Rachel Krasney, City Clerk Dept: City Clerk's Office Date: Ju ly 23, 1992 Subject: Business registration fees for cOmmercial properties - Jimmy Summers An Ordinance of the City of San Bernardin, amending Subsection F of Section 5.04.525 of the San Bernardino f.1unicipal Code re- latin to 6usiness Re istration ertl lcates or commerCla , ln ustrla and residential rental or leasing. Synopsis of Previous Council action: April 20, 1992 - Mr. Jimmy Summers appeared before the Mayor and Common Council concerning business registration fees for commercial properties. The ~layor and Common Council continued the matter for 30 days (I.lay 18, 1992) and referred it to the Legislative Review Committee. May 18, 1992 - The :layor and Common Council continued the matter to June 15, 1992. June 15, 1992 - The Mayor and Common Council continued the matter to July 20, 1992. July 20, 1992 - The Mayor and Common Council continued the matter to August 3, 1992. Recommended motion: That further reading of the ordinance be waived and it be laid over for final adoption. ~~ ~ '_c.~ I;.:. Signatu Contact person: Cindv Buechter, Business ReQistration Inspector Phone: 304-5496 Supporting deta attached: Yes Ward: All FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Descriotionl Finance: Council Notes: 75-0262 Agenda Item No 3,~ - CITY OF SAN BERN~INO - REQUEST FQR COUNCIL ACTION .. STAFF REPORT SUBJECT: Business registration fees for commercial properties and apartment complexes. MEETING: Mayor and Common Council Meeting of August 3, 1992.' BACKGROUND: The attached report was presented at the July 23, 1992 meetin9 of the Legislative Review Committee. The Committee approved the proposed changes and requested that the attached ordinance be presented at the August 3, 1992 Council meeting for a first reading. Respectively Submitted, ~ne~ City Clerk RK:cb .' - - - - CITY OF SAN BEJCARDINO - REQUES1QOR COUNCIL ACTIOI From: Rachel Krasney, City Cl erk Business registration fees for condominiums and apartment complexes - V. Alan Swensen An Ordinance of the City of San Bernardi amending Subsection F of Section 5.04.52 of the San Bernardino Municipal Code relatlng to Buslness Keglstratlon Certificates for commercial, industrial and residential rental or leasing. April 20, 1992 - V. Alan Swensen appeared before the Mayor and Common Council concerning business registration fees for condominiums and apartment complexes. The Mayor and Common Council continued the matter for 30 days (May 18, 1992) and referred it to the Legislative Review Committee. Subject: Dept: City Clerk's Office Date: July 23, 1992 Synopsis of Previous Council action: May 18, 1992 - The Mayor and Common Council continued the matter to June 15, 1992. June 15, 1992 - The Mayor and Common Council continued the matter to July 20, 1992. July 20, 1992 - The Mayor and Common Council continued the matter to August 3, 1992. Recommended motion: That further reading of the ordinance be waived and it be laid over for final adoption. .~~ ~-<:" I--~ Signature Contact person: Cindy Buechter, Supporting data attached: Yes Business Registration Inspecwr Phone: 384-5496 All Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) /Acct. Descriotionl Finance: Council Notes: 75~0262 Agenda Item No .3:7 - CITY OF SAN BERNODINO - REQUEST FJ COUNCIL ACTION . . .~ STAFF REPORT SUBJECT: Business registration fees for commercial properties and apartment complexes. MEETING: Mayor and Common Council Meeting of August 3, 1992. BACKGROUND: The attached report was presented at the July 23, 1992 meeting of the Legislative Review Committee. The Committee approved the. proposed changes and requested that the attached ordinance be presented at the August 3, 1992 Council meeting for a first reading. Respectively Submitted, R~~~ City Clerk RK:cb - u .-...., J 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SUBSECTION F OF SECTION 5.04.525 OF THE SAN BERNARDINO MUNICIPAL 3 CODE RELATING TO BUSINESS REGISTRATION CERTIFICATES FOR COMMERCIAL, INDUSTRIAL AND RESIDENTIAL RENTAL OR LEASING. 4 5 6 7 8 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION I. Subsection F of Section 5.04.525 of the San Bernardino Municipal Code is hereby amended to read as follows: tlF. Commercial, industrial and residential rental or 9 leasing. 10 (I) Every person, fi:':-l~ or corporation conducting, 11 managing, or carrying on the business of leasing or renting 12 commercial or industrial buildings or spaces, where the buildings 13 or spaces are to be utilized for any business purpose inCluding 14 retail sales, offices and suites or other business rentals 15 including mini-storage; or freight forwarding stor~houses, and 16 warehouses; or operating a hotel, roominghouse, lodginghouse, 17 boardinghouse, apartment house, court motel, mobile home park; or 18 leasing or renting any residential d~,elling units including single 19 family homes shall obtain a Busine2~ Registration Certificate and 20 pay a fee established by reso1uti.on of the Mayor and Common 21 Council. 22 (2) All businesses which conduct, manage or carry on 23 the business of leasing or renting of commercial or industrial 24 buildings or spaces where buildings or spaces are to be utilized 25 for any business purpose, are re'Iuired to furnish a list of 26 tenants or lessees for all such buildings to the City Clerk of the 27 City of San Bernardino. The list of tenants shall be included 28 with the Business Registration Cer~:f.icate application or renewal DAB/aea/Leaaing.ord I July 23. 1992 o """" ,) 1 application of the management company. 2 ( 3 ) The intent of this Section is to require a 3 Business Registration Certificate for the business of leasing or 4 renting commercial or industrial buildings, for leasing or renting 5 offices, suites or other business rentals, and for leasing or 6 renting dwelling units. 7 (4) For the leasing or renting of dwelling units a 8 separate Business Registration Certificate shall be required for 9 each legal parcel upon which the rental unites} are located, 10 unless the ownership of a building is divided as provided in 11 Government Code ~66426 and ~66427 as a condominium, community 12 apartment project or stock cooperative project, and then a 13 separate Business Registration Certificate shall be required for 14 each such division where the owner owns less than four (4) units 15 in one complex. Where the owner owns four (4) or more such units 16 located in the same complex only one Business Registration 17 Certificate shall be required. FCl',~ the purposes of this Section 18 "complex" shall mean the land divided into condominiums, a 19 community apartment project, or a stock cooperative project with 20 any attendant common area and which is treated together as a 21 unified whole. 22 ( 5) For the leasing or renting of commercial or 23 industrial buildings and for the l~asing or renting of offices, 24 suites or other business rentals, a separate Business Registration 25 Certificate shall be required for each legal parcel upon which the 26 rental unites} are located, or for each building if such building 27 is located on more than one legal parcel. However where the 28 ownership of a building is divided as provided in Government Code DAB/.../L...ing.ord 2 .Ju~y 23. 1992 o ~ ''''',_#1''/ IS66426 and S66427 as a condominium or stock cooperative project, 2 then a separate Business Registration Certifi~ate shall be 3 required for each such division where the owner owns less than 4 four (4) units in one complex. Where the owner owns four (4) or 5 more such units located in the same complex only one Business 6 Registration Certificate shall be required. "Complex" shall have 7 the same definition as that in subdivision (4) above. 8 ( 6) Business Registration Certificates for the leasing 9 or renting of dwelling units shall be good for two (2) years. 10 Parcels or units with even number street addresses shall renew on 11 even numbered years and a parcels O~ units with odd number street 12 addresses shall renew on odd number years. 13 (7) It shall be unlawful for any property owner, 14 landlord, manager, or agent to demand, accept, receive or retain 15 any payment of rent if the unit for which the rent is paid has not 16 applied for and received a Business ~egistration Certificate under 17 this Section. Any person violating any of the provisions or 18 failing to comply with any of the requirements of this Seotion 19 shall be guilty of a misdemeanor." 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 III DAB/.../Le..ing.ord 3 .Jllly 23. 1992 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 --. ,-.J ~ '-." 1 AN ORDINANCE.. .RELATING TO BUSINESS REGISTRATION CERTIFICATES FOR COMMERCIAL, INDUSTRIAL AND RESIDENTIAL RENTAL OR 2 LEASING. 3 AN ORDINANCE...RELATING TO BUSINESS REGISTRATION CERTIFICATES FOR COMMERCIAL, INDUSTRIAL AND RESIDENTIAL RENTAL OR LEASING. I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1992, by the fOllowing vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER City Clerk The foregOing ordinance is hereby approved this day of , 1992. W. R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney By:j~.. 7. ~ U DAB/..a/Le..ing.ord 4 July 23. 1992 c C I T Y ..-.." i -.....I o F SAN B ERN A R DIN 0 INTEROFFICE MEMORANDUM CITY CLERK'S OFFICE DATE: July 23, 1992 TO: Honorable Members of the Legislative Review Committee (Councilman Michael Maudsley, Chairman; Councilwoman Valerie Pope-Ludlam; Councilman Jack Reilly) FROM: Rachel Krasney, City Clerk SUBJECT: Business Registration Fees for Residential/Commercial Rental Properties COPIES: Dennis Barlow, Sr. Assistant City Attorney; Fred Wilson, Assistant City Administrator --------------------------------------------------------------- At your last LRC meeting held on June 19, 1992, my staff and I presented a written/verbal report on the changes we proposed to Ordinance MC-700. You approved the proposed changes in concept and requested that the report and recommended changes be presented to the San Bernardino Board of Realtors and the San Bernardino Chamber of Commerce to receive their input. You further requested that we return in thirty days with our final recommendation. The changes which you approved in concept were: 1. To require only one business each parcel instead of one required. registration certificate for per building as currently " 2. Condominiums: Require only one business registration certificate for an owner who has four (4) or more units within the same complex. Less than four units would require one certificate for each parcel. 3. No changes to rate schedule. On June 26, City Clerk Krasney, Lee Gagnon, Business Registration Supervisor, and Cindy Buechter, Business Registration Inspector, appeared before the Local Governmental Relations Committee of the San Bernardino Board of Realtors. Attached is a copy of their minutes reflecting their support of the proposal; however, I might add that their motion also included a requirement that the funds be set aside in a separate account designated for code enforcement and blight control. r- \......- , --... "- Honorable Members July 23, 1992 Page Two of the Legislative Review Committee I believe their request that the funds be set aside separately is a policy question to be addressed by the City Administrator~ however, the Committee did support the changes we recommended. On July 2, 1992, the proposed changes were presented to the. Governmental Affairs Committee of the San Bernardino Chamber of Commerce. The Committee, chaired by Jean Stephens, endorsed the changes and I am presently awaiting written confirmation of such support. Based on the input we have received from ordinance has been drafted incorporating all changes and it is attached for your review. existing ordinance are listed as follows: I. Please refer to page two of the attached ordinance. Line 7, Section (4) incorporates the change requiring only one certificate for each legal parcel as opposed to one per building as currently required. all parties, an of the proposed Changes to the Section (4) also addresses the concern raised by the condominium owners in that it requires only one business registration certificate for an owner who has four ( 4 ) or more units within the same complex. 2. Also on page two of the attached -- lines 22-27, Section ( 5 ) add the following " . . . or for each building if such building is located on more than one legal parcel." This change addresses the concern raised by the Board of Realtors who asked if a certificate would be required for each parcel when one building covered more than one parcel. As indicated at the last LRC meeting, the proposed changes, even without a change in rate structure, will result in a marked decrease in revenues; however, we also believe the changes represent the most equitable method available to address the concerns expressed by property owners since the program was first initiated in 1990. As a result of our meeting with the Local Government Relations Committee of the San Bernardino Valley Association of Realtors, we have formed a subcommittee comprised of Jim Moller of the Board of Realtors~ Cindy Buechter; and Rachel Krasney to explore ways by which we can expedite identification/collection of rental UL~t.S. o .- '-.,' Honorable Members July 23, 1992 Page Three of the Legislative Review Committee Finally, I would like to bring to your attention a matter related to the implementation of MC-700. As a result of a letter (copy of which is attaqhed) sent to Mayor Holcomb by Syble Smith, the Mayor has suggested that we consider an amendment to ou~ ordinance which would allow individuals to make payments on yearly payments due to financial hardships. Staff and I have discussed this matter and we believe it would be best to handle cases such as Mrs. Smith's on an individual basis and resolve them administratively. That is, if it comes to our attention that a property owner is faced with circumstances such as Mrs. Smith's or any other adverse financial condition, we will consider the circumstances and try to work out a payment schedule satisfactory to both parties. If we go through the formal process of amending the ordinance to allow for yearly payments where a hardship case exists, it may create more problems and based on our two years' experience with the program, staff believes cases such as Mrs. Smith's are isolated and we should be able to handle them administratively on a case-by-case basis. Based on the foregoing, we respectfully recommend that you give your final blessing to the proposed changes to MC-700 so that we can place the Ordinance on the Council agenda for the August 3, 1992 meeting. We will be happy to answer any other questions you may have. c<~~ Rachel Krasney City Clerk Attachments _.. , r-cB-22-1:lll0 02:2b FROM TO SAN 'tsERNARDINO "--'\L~y ASSOCIATION OF REALTORS@ LB REALTOR> 1798 NORTH 0 STREET. SAN BERNARDINO. CA 92405 P.O. BOX 2183. SAN BERNARDINO. CA 92406 (714) 888-5031 LOCAL GOVERNMENT RELA'.rZONS MDn1TES JUNE 26, 1992 The meeting was called to order at 9:40 by Chairman David Schulze. Present were: Ed Jacobsen, Jim Moller, Dick Churchwell, and Barbara Bonadiman. Also present were Sam Henley, Executive Officer, and Cheri Sampias, Executive Secretary. Three members of the City Clerks Office were also included in the meeting at this time. Introductions followed. Present from tbe City Clerks Office were: RaChel Krasney, City Clerk, Cindy Buechter, and Lee Gagnon. Barbara Bonadiman made a motion to approve the minutes of April 17, 1992. The motion was seconded. The motion carried unanimously. Rachel Krasney presented som~ proposed change. to ordinance No. MC-700: (A copy of these change. is attached to the permanent minutes). oiscussion including questions and answers followed. Dick Churchwell made a motion to support Rate Structu=e, Option 1, with the requirement that the funds be set aside in a separate account designated for code enforcement and blight control. The motion was seconded. The motion carried with 4 ayes, 1 nay. ~ 38454b8 ? . el2 ~,. - ...... CALL TO ORDER ~ A......x.um'ufCR APPROVAL OF 4-17-92 .lIl~ftU.l~ CITY ORDINANCE MC-700 S1JPPORT OF OPTION Il,BUSIRESS !mG. FEES FOR RBS/COMML 1I1I!N'PAL PROP~.PY __. . RAYTAUllnT." ;!IDI.t&WISc:.umIB1, ,.".... IJI 1.IIITAHllIIIlII,2IId"". .. ..u...........,. DINIIS lIAVIS, om oil IlIIll11lI11: MIlL IEALI. ALICZ DOOO. MARY IAS1SUlAY olW,! E5IVMD!R . lID GIlSNAWALT .lllM W.l._Dfl. U MllUEII. .1111Il~11EU.. WAlT 1IIPPINCE EXlmM! 0fIIICII: SAM IlEHL!Y FEB-22-19DO 02:26 FRO~I TO o ,./"- __i paqe 2 Local Government Relations June 26, 1992 Mike Henry made a motion to appoint a sub-committee to be chaired by Jim Moller, to work with the City Clerks Office, (Rachel Krasney, and Cindy Buechter) on the review. The motion was seconded. The motion carried unanimously. Rachel, Cindy, and Lee all left the meeting at this time. David Schulze briefed the committee on the Homeless Coalition Fund, Inc. ($200 from BORPAC being for the 1st years E&O, and Liability Insurance premium for the protection of the Board of Directors of that corporation. There are additional costs: The filing of corporation papers. Barbara Bonadiman made a motion that the committee use $400 of the Local Government Relations monies to assist the county in filing Corporation papers which are needed to create a Homeless Coalition Fund, Inc. The motion was seconded. The motion carried unanimously. There being no further business the meeting adjourned at 11:27. Respectfully submitted, Cheri sampias Executive Secretary 3845468 ?03 SUB-COftftJ..-.l..~ TO WORK WITJI CrI'Y C!1'.'Il"IW OFF: BO~."'!il:S c:oALr.rl:O!l' Pmm. DfC!.. $400 FmlDDG '1'0 B.C.F., ~C. FOR PmtPOSE OF FILDG C:ORPORATIOH FAPERS ADJOURN -, .-. v - SAN BERNARDINO AREA CBAMBER Of COMMERCE 546 W. 6TH ST. · 1'.0.50)( 6:;8. SAN BeRNARDINO, CA 9:140:1 . (714) 885.7515 July 22, 1992 Ms. Rachel ~rasney Ci ty Cl erk 300 North "0" Street San Bernardino, CA 92418 Dear Ms. Krasney: The Governmental Affairs Division of the San Bernardino'Area Chamber of Commerce sincerely appreciated the presentation on July 2, regarding the business registration fees. The topic was very interesting. It appears to us that the research perfornled and the options presented have been carefully studied. While the options result in a decrease of revenues for the City, it is obvious that due to the overlap in current pricing structure, changes must be made. The San Bernardino Area Chamber of Commerce agrees with the efforts of the City Clerk and the Legislative Review Committee in restructuring rate schedules. While the option of reduced revenues is not optimal in today's business climate, the Chamber recc;nizes the need for an equitable solution. We encourage the legisla- tive review committee to continue in the efforts of determining the best option for San Bernardino for the long term. Again, we sincerely appreciate the opportunity to par.ticipate in the decision process and look forward to continuing our relationship_ Sincerely, .JI--I. ~/J7, ~~~ Jean M. Stephens, CPA Vice President Governmental Affairs " San Bernardino Area Chamber of Commerce C ,z5-u~ ~7P di~d:t.- h3'lz- ~ /V1''/ ,I t ~/; , .... ./ /.....(..-(..-z~c....(,.:. . ' -~'n.. ..(-r( t:.A..""'V l ~. j?L.. _ 'J"',l-' ~ ~ ;,.;.' ;.,' : ~ / _, ,:,; /-1 .. " . l' ,,~\,""', ,,/fu ' ''1-- s ~ ' I,. ,j""~ t1 ~ ?.JM<~L- ,\;.)/;:~;[:..v ,</ L />A. ~/ -' ' . ; ~'v...A- ( I' v /)k'?t01..{.. ~I/V 4' , I ~v.'I-{..(.rz:..z.~ .. - :!t' 'T' #J..~.;t .d, , ' :::t--'""--- j; I'd-;- ;? r/. Ml~ .f' tl " , . 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