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HomeMy WebLinkAbout03-City Attorney . . 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. 16 17 III 18 III 19 III 20 III 21 22 23 24 25 26 27 28 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. 19 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 27 28 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: .------- ------- 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