HomeMy WebLinkAboutS1- City Attorney CITY OF SAN BERN ZDINO - REQUEST FO; COUNCIL ACTION
From: James F. Penman, City AttorneySubject: Resolution Amending Resolution Nos.
88-140, 89-510 and 93-381 Relating
Dept: City Attorney to the Deferral of Certain
Development Fees
Date: February 12, 1996
Synopsis of Previous Council Action:
February 5, 1996
Recommended Motion:
Adopt Resolution.
Signature
Contact Person: Dennis A - Ra r l nw Phone: c;2 5 r�
Supporting Data Attached: Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Agenda Item No.
STAFF REPORT
At the meeting of the Mayor and Common Council held on Monday, February 5, 1996,
there was discussion on the possibility of deferring certain development fees in order to hopefully
spur housing growth and thereby the local economy. The direction was given to the City Attorney
to prepare appropriate ordinances and resolutions to allow for the deferral of the following fees:
Sewer Line Connection Fee
Storm Drain Construction Fund
Traffic Systems Fee
Verdemont Infrastructure Fee
Park Development Fee
The direction was also that the City should follow the pattern set by Rialto in the deferral
of such fees.
In the proposal before you the fees are deferred only upon application of the property
owner. In Rialto the fees are deferred for eighteen (18) months or until the issuance of a
Certificate of Occupancy. However in San Bernardino there is no Certificate of Occupancy in
such residential housing, so the proposal is that the deferral would be for eighteen (18) months
or the release of utilities is issued, whichever occurs first. The owner of the property must sign
an agreement to pay the fees, must allow the City to place a lien on his or her property, must
agree to pay the fee out of escrow if the property is sold and allow the City to make a demand in
any such escrow. The proposal also provides that the fee to be paid will be the one in effect at
the time of payment.
DAB/tbm [Fees.Rpt]
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AMENDING RESOLUTION NOS. 88-140, 89-510 AND 93-381
3 RELATING TO THE DEFERRAL OF CERTAIN DEVELOPMENT FEES
4 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
5 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. Subsection D is hereby added to Section 1 of Resolution No. 88-140,
7 relating to Traffic Systems Fee, to read as follows:
8 "D. The fees imposed by Section 3.26.030 of the San Bernardino
Municpal Code, and Subsection A of this Resolution, may be deferred
9 at the request of the owner of the property until the release of utilities is
issued or eighteen (18) months from the issuance of the Building Permit,
10 whichever is less. The owner of the property must personally guarantee
payment of the fees, sign documents authorizing the City to place a lien
11 on the property in the amount of the fees, agree to place the payment of
the fees in any escrow for the sale of the property, and authorize the
12 City to demand payment in any such escrow. The amount of the fees
due shall be the amount in effect at the time of collection of the fees."
13
SECTION 2. Subsection E is hereby added to Section 1 of Resolution No. 89-510,
14
relating to Sewer Connection Fees, to read as follows:
15
"E. The fees imposed by Section 13.08.050 of the San Bernardino
16 Municipal Code, and Subsection B of Section 1 of this Resolution may
be deferred as provided in Section 13.08.055 of the San Bernardino
17 Municipal Code."
18 SECTION 3. Section 6 is hereby added to Resolution No. 93-381, relating to Storm
19 Water Drainage Fees, to read as follows:
20 "SECTION 6. The fees imposed by Section 3.38.040 of the San
Bernardino Municipal Code, and Section 2 of this Resolution, may be
21 deferred at the request of the owner of the property until the release of
utilities is issued or eighteen (18) months from the issuance of the
22 Building Permit, whichever is less. The owner of the property must
personally guarantee payment of the fees, sign documents authorizing
23 the City to place a lien on the property in the amount of the fees, agree
to place the payment of the fees in any escrow for the sale of the
24 property, and authorize the City to demand payment in any such escrow.
The amount of the fees due shall be the amount in effect at the time of
25 collection of the fees."
26
27
28
DAB/tbm [Fees.Res] 1
1 RESOLUTION . . . AMENDING RESOLUTION NOS. 88-140, 89-510 AND 93-381
RELATING TO THE DEFERRAL OF CERTAIN DEVELOPMENT FEES
2
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
3
and Common Council of the City of San Bernardino at a meeting thereof, held on the
4
day of , 1996, by the following vote, to-wit:
5
6 Council Members: AYES NAYS ABSTAIN ABSENT
7 NEGRETE
8 CURLIN
9 HERNANDEZ
10 OBERHELMAN
11 DEVLIN
12 POPE-LUDLAM
13 MILLER
14
15 A?
16 City Clerk
17
18
19 The foregoing Resolution is hereby approved this a day of ,
20 1996.
21
22 Tom Minor, Mayor
City of San Bernardino
23
Approved as to form and
24 legal content:
25 James F. Penman,
City Attorney
26
27 By'
28
DAB/tbm [Fees.Res] 2