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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 15.5
TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO CULTURAL
DEVELOPMENT CONSTRUCTION FEES.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
TO ORDAIN AS FOLLOWS:
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SECTION I. Chapter 15.57 is added to the San Bernardino.>
Municipal Code to read:
nChapter 15.57
CULTURAL DEVELOPMENT CONSTRUCTION FEES
15.57.010 Purpose.
The purpose of this chapter is to provide for the payment 0
a fee applicable to a new construction or reconstruction of
commercial structures to provide funds for the promotion of fine
art culture and other cultural enhancements as the Mayor and
Common Council may direct. Enhancement of the cultural
development is deemed to be a public benefit to all citizens of
the community.
15.57.020. Definitions.
For the purposes of this chapter, unless otherwise apparent
from the context, certain words and phrases used in this chapter
are defined as follows:
A. 'Commercial structure' shall mean any building or
structure all or part of which contains a commercial or
industrial use permitted by this Code; provided, however,
'commercial structure' shall not include any building or
structure constructed or reconstructed for the elderly and
handicapped pursuant to Title 15 of this Code, or pursuant to
Title 25 or 26 of the California Administrative Code.
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C I T Y 0 F SAN B ERN A R DIN 0
INTEROFFICE MEMORANDUM
8608-228
TO: Shauna Clark, City Clerk
FROM: Council Office
SUBJECT: Minutes of 8/4/86 Amend to include remarks
regarding 1/2 of 1% assessment fees for cultural
development
DATE: August 26, 1986 (6813)
COPIES:
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Use your own judgment regarding the attached memorandum.
Councilman Strickler just wanted to make the point.
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HILI A. ARVIZO
Execut1ve Assist t
to the Council
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.CcITY OF SAN BE~ARDINOO- MEMORANDUQ l'
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From Shauna Clark
City Clerk
Date August 20, 1986
To
Council Member Strickler
Subject
Minutes of 8/4/86
remarks regarding
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- Amend to include
~ of 1% assessment
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Approved
Date
Pursuant to instructions at the meeting of the Mayor and
Common Council held on August 18, 1986, we have prepared
a rough draft of your remarks at the meeting of August 4,
1986, regarding the ~ of 1% assessment fee for cultural
development. That draft is attached.
Would you like these remarks included in their entirety, or
summarized? If you wish them to be summarized, we would be
glad to assist in doing so.
,?
SC:dr
Attachment
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Council Member Strickler's remarks regarding the 'assessment
of ~ of 1% fees on commercial construction for the purpose of
cultural development - August 4, 1986:
This is a very important issue to this community. I hate to
make any snap judgments. . .
There is nobody that is opposed to the Fine Arts Commission,
Steve, its the method of funding we're coming up with. It
is a very important issue to this community and the future of
this community . . .
I'm questioning that this is the proper method of raising funding.
There is no question~ that the Fine Arts need to be funded.
There no question in my mind, . . . In the past we have tried
these things. For example, we started with the 1% fee we were
going to charge on issuing Industrial Revenue Bonds. That
money was to be put aside in a separate fund to be used only
as insurance against . . . so that we could get a triple A
rating on any future bonds. Now you tell me today where that
1% is, we have collected thousands and thousands of dollars.
What's happened to it? We have found another use for it. This
is what has happened. Lets go back to when the utility tax
was originally imposed. It was a temporary measure - we just
needed the money for a short time. what's happened? We have
never taken it off. We have increased it every year, so this
is the kind of thing I'm concerned about when you impose one
of these kinds of fees. It never leaves. It just keeps
getting bigger and bigger. So I'm not convinced in my mind
that this is the proper way to fund this type of activity.
I'm sure I have supported 100% and I will do anything I can to
find alternate methods. This may be the method. I'm not
saying it isn't, but at this point I'm not convinced this is
the proper~ method of funding. . . .
I would submit to you that if I were a compa~ thinking about
coming into this community and I would ask is'C''{he cultural
affairs, I would be much more impressed if they told me that
they were supported on a voluntary basis, rather than a taxing
method, because I think on a voluntary basis it shows a higher
commitment than on a taxation method. And that is one of the
things I'm concerning about.
I have been in this business alot of years. I have never had
a developer com~o me when he is thinking of putting in a
commercial bUilding, a housing tract or an apart~ent house,
and asked me if we had a symphony orchestra. Never had it
happen. Never had anyone ask me if we had a ballet troup.
Never had it happen. I'm not saying it hasn't happened.
I'm saying I have never experienced it. And I support the arts
and culture, but I think that if we would explore some other
avenues, we might come up with a better method than taxation.
Lets ask industry when they come in would they want to volunteer
to pay this 1% fee. But don't make it mandatory. How much money
do you suppose you will get on a voluntary basis? . . .
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I don't want to give anyone the impression that I'm not for
the Fine Arts. . . .
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