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HomeMy WebLinkAboutS2- Council Office CITY OF SAN BrNARDINO - REQUEST FO' COUNCIL ACTION From: Councilman Ralph Hernandez, Third Ward Subject: City Government Reform Dept: Council Office Date: January 30, 1996 Synopsis of Previous Council Action: Recommended Motion: To discuss and take possible action to reform City Government by bringing to a vote of of the citizens: 1. Establishment of a City Manager type of government. 2. Appointment of a City Attorney vs. election. Signature Contact Person: Councilman Ralph Hernandez Phone: 5333 Supporting Data Attached: No Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct.No.) (Acct. Description) Finance: Council Notes: AGENDA ITEM NO. J CITY OF SAN BERN. ZDINO - REQUEST FO COUNCIL ACTION From: James F. Penman, City AttorneySubject: Ordinance Amending Sections 13 . 08 . 055 and 19.30 .320 and Adding Dept: City Attorney Section 15 . 73 . 065 Relating to Deferral of Certain Development Date: February 12, 1996 Fees . Synopsis of Previous Council Action: February 5, 1996 Recommended Motion: Waiver further reading and lay over for final adoption. Signature Dennis A. Barlow 5255 Contact Person: Phone: Supporting Data Attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Description) Finance: Council Notes: 2- 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. i DAB/tbm [Fees.Rpt] 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 13.08.055 AND 19.30.320 OF THE SAN BERNARDINO MUNICIPAL CODE AND 3 ADDING SECTION 15.73.065 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO DEFERRAL OF CERTAIN DEVELOPMENT FEES 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO 5 ORDAIN AS FOLLOWS: 6 SECTION 1: Subsection D is hereby added to Section 13.08.055 of the San Bernardino 7 Municipal Code relating to Sewer Connection Fees, to read as follows: 8 "D. The fees imposed by Section 13.08.050 may be deferred at the 9 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 on 11 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 City to 12 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 14 SECTION 2: Section 15.73.065 relating to the Verdemont Infrastructure Fee is hereby 15 added to the San Bernardino Municipal Code to read as follows: "15.73.065 Deferral 16 The fees imposed by Section 15.73.060 may be deferred at the 17 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, 18 whichever is less. The owner of the property must personally guarantee payment of the fees, sign documents authorizing the City to place a lien on 19 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 City to 20 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." 21 22 SECTION 3: Subdivision C is hereby added to subsection 4 of Section 19.30.320 of the 23 San Bernardino Municipal Code (Development Code) relating to Park and Recreational Facilities Fees, to read as follows: 24 25 "C. The fee imposed by this Section may be deferred at the request of the owner of the property until the release of utilities is issued or eighteen 26 (18) months from the issuance of the Building Permit, whichever is less. 27 The owner of the property must personally guarantee payment of the fee, 28 DAB/tbm [Fees.Ordl 1 1 AN ORDINANCE . . . AMENDING SECTIONS 13.08.055 AND 19.30.320 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADDING SECTION 15.73.065 TO THE SAN 2 BERNARDINO MUNICIPAL CODE RELATING TO DEFERRAL OF CERTAIN DEVELOPMENT FEES 3 sign documents authorizing the City to place a lien on the property in the 4 amount of the fee, agree to place the payment of the fee in any escrow for the sale of the property, and authorize the City to demand payment in any 5 such escrow. The amount of the fee due shall be the amount in effect at the time of collection of the fee." 6 7 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 8 Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1996, by the following vote, to wit: 9 10 Council Members: AYES NAYS ABSTAIN ABSENT 11 NEGRETE 12 CURLIN 13 HERNANDEZ 14 OBERHELMAN 15 DEVLIN 16 POPE-LUDLAM 17 MILLER 18 19 City Clerk 20 The foregoing Ordinance is hereby approved thi day of 21 , 1996. 22 Tom Minor, Ma or Approved as to form 23 City of San Bern rdino 24 and legal content: 25 JAMES F. PENMAN, City Attorney 26 B 27 28 DAB/tbm [Fees.Ord] 2