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....CITy OF SAN BER~RDINO -
REQUEST FOR COUNCIL ACTION
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From: James F. Penman
Subject: AN ORDINANCE OF THE CITY OF SAN
BERNARDINO AMENDING SAN BERNARDINO
MUNICIPAL CODE SECTION 5.04.526.E
RELATING TO BUSINESS LICENSE FEES.
Dept: City Attorney
Da~: August 29, 1991
Synopsis of Previous Council action:
MarGh 18, 1991 - Adoption of Ordinance No. MC-776 adding SBMC
Section 5.04.526.
Recommended motion:
Waive further reading and layover for adoption.
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Contact person:
Dennis A. Barlow
Phone:
384-5355
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75-0262
Agenda Item No.
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CITY OF SAN BER~RDINO - REQUEST CPR COUNCIL ACTION
STAFF REPORT
On January 22, 1990, the Mayor and Common council adopted an
amendment to Chapter 3.52 of. the San Bernardino Municipal Code
deleting the 30 day limitation on payment of the transient
occupancy tax. The result was that all residents of certain types
of structures were required to pay the tax despite their length of
stay. However in August of 1990, the Court of Appeals for the
Second District decided the case of Britt v City of Pomona (1990)
223 CA 3d 265 which related to a similar ordinance in the City of
Pomona. The Court rejected the argument that the tax was a tax on
"transient-type" accommodations and struck down the ordinance as
violative of equal protection.
It is recommended that the attached ordinance be adopted to
bring our transient occupancy tax into conformity with the current
state of the law. This ordinance will provide that transients are
those who remain less than ninety days.
75-0264
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN
BERNARDINO MUNICIPAL CODE SECTION 5.04.526 E RELATING TO BUSINESS
LICENSE FEES.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1.
Subsection E of Section .5.04.526 of the San
Bernardino Municipal Code is hereby amended to read as follows:
"E. Those portions of Tract No. 7106 as per plat thereof
recorded in Book 90 of Maps, pages 61 and 62, Tract No. 6890
as per plat thereof recorded in Book 88 of Maps, pages 34
and 35, Shays Subdivision as per plat thereof recorded in
Book 8 of Maps, page 44, Tract No. 6969 as per plat recorded
in Book 90 of Maps, pages 59 and 60, Tract 13233 as per plat
thereof recorded in Book 191 of Maps, pages 85 and 96, Tract
No.6647 as per plat thereof recorded in Book 86 of Maps,
pages 30 and 31, Tract 12398 as per plat thereof recorded in
Book 171 of Maps, pages 65 and 66, and Tract No. 10353 as
per plat thereof recorded in Book 152 of Maps, pages 61 and
62, all records of the County Recorder of said County lying
within the following described land:
Beginning at the intersection of the centerlines of
Highland Avenue and Arden Avenue; thence South along the
centerline of said Arden Avenue to the Easterly prolongation
of the South line of that certain East/West alley lying
South of and adjacent to the South lines of Lots 41 through
49 of said Tract No. 7106; thence West along said South line
of said alley and its Westerly prolongation, to the
centerline of McKinley Street; thence South along said
DAB/ses/Crime-2.ord
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August 12, 1991
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centerline to the centerline of Roca street; thence West
along said centerline of Roca street to the Northerly
prolongation of the East line of that certain NorthlSouth
alley lying East of and adjacent to the East line of Lot 9
of said Tract No. 12398; thence South along said East line
of said alley to the South line of that certain EastlWest
alley lying South of and adjacent to the South lines of Lots
1 through 9 of said Tract No. 12398; thence West along said
South line of said alley, the Westerly prolongation thereof
and along the South line of that certain EastlWest alley
lying South of and adjacent to the South lines of Lots 19
through 32 of said Tract No. 6647, the Westerly prolongation
thereof and along the South line of Lot 1 to said Tract No.
6647 and the Westerly prolongation thereof, to the
centerline of Sterling Avenue; thence North along said
centerline to the Westerly prolongation of the North line of
that certain EastlWest alley lying North of and adjacent to
the North line of Lots 1 through 13 of said Tract No. 10353;
thence East along said prolongation and said North line of
said alley and the Easterly prolongation thereof, to the
centerline of Guthrie Street; thence North along said
centerline, to the centerline of Highland Avenue; thence
East along said centerline to the Point of Beginning.
DAB/ses/Crime-2.ord
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August 12, 1991
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AN ORDINANCE. . . AMENDING SAN BERNARDINO MUNCIPAL CODE SECTION
5.04.526 E RELATING TO BUSINESS LICENSE FEES.
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 , 1991, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
of
The foregoing ordinance is hereby approved this
, 1991.
day
w. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
B~
DAB/ses/Crime-2.ord
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August 12, 1991