HomeMy WebLinkAboutS4- Finance CITY OF SAN BERNA," INO - REQUEST FC-' COUNCIL ACTION
BARBARA PACHON, ESTABLISHING A LOW INCOME REFUND FOR
DIRECTOR OF FINANCE
rom: Subject: ASSESSMENT DISTRICT NO. 994 (CITY WIDE)
Dept: FINANCE
Date: JULY 27, 1993
Synopsis of Previous Council action:
June 4, 1990 - Resolution No. 90-207, Preliminary determining that public convenience
and necessity require the formation of a street lighting and street sweeping assessment
district; declaring its intention to proceed to order work within the district, to be
known as Assessment District No. 994; and setting and directing publication of notice
of a time and date of a public hearing.
Recommended motion:
MOTION NO. 1
Adopt Resolution (Alternative A - Fixed dollar level criteria)
-or-
MOTION NO. 2
Adopt Resolution (Alternative B - Annual U.S. Department of Housing and Urban
Development criteria)
lw�
Signature
Contact person: Barbara Pachon, Director of Finance Phone: x - 5242
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount: Source:
Finance:
Council Notes:
CITY OF SAN BERNA( 31NO - REQUEST FO* COUNCIL ACTION
STAFF REPORT
During the original formation of the City-Wide Street Light/
Sweeping Assessment District #994 , the Mayor and Common Council
authorized the formation of a low income refund program. Upon
review of the Municipal Code, staff determined that no authority
existed to allow for the low income refunds on Assessment District
#994 .
A low income refund program provides some economic relief to
residents, who based on household size and income, can not afford
to make the Assessment payment.
Two resolutions, A and B, have been prepared by staff which
authorizes the creation of a low income refund program for
Assessment District #994 . Resolution A specifies a fixed dollar
level as the criteria to be used for qualifying for the refund
program. These fixed dollar levels are:
1 Person Household $12 , 000
2 Or More Persons Household $151000
This criteria qualification method is what was mentioned during the
original formation of Assessment District #994 , however there is no
supporting documentation as to how these figures were arrived at
and no mechanism to update these figures on an annual basis.
Resolution B requires the refund program to be based on the annual
U.S. Department of Housing & Urban Development very low income
standards. Currently these standards are as follows:
No. In Household Income Limits No. In House Hold Income Limit
1 $14, 400 5 $22 , 200
2 16, 450 6 23 , 850
3 18, 500 7 25, 500
4 20, 550 8 27 , 150
These guidelines are already being used in the Water Rebate
Program. Staff recommends that Resolution B be adopted since these
standards are already being used in the City, they are updated and
published yearly by HUD, they are set by HUD specifically for the
Riverside/San Bernardino Counties and currently these standards
allow residents to qualify for the rebate easier than those set in
Resolution A.
75-0264
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ESTABLISHING A LOW INCOME REFUND FOR ASSESSMENT
3 DISTRICT NO. 994 (CITY WIDE) .
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
5
6 SECTION 1. As authorized by Section 6 of Resolution No. 90-
7 207 entitled, in part, "Resolution. . .Preliminarily Determining
8 that Public Convenience and Necessity Require the Formation of a
9 Street Lighting and Street Sweeping Assessment District. . .to be
10 Known as Assessment District No. 994. . . " , the Mayor and Common
11 Council hereby adopt a low income refund program for Assessment
12 District No. 994 as follows:
13 A. A refund of all assessments due and paid
14 under the provisions of Assessment District No. 994
15 shall be made whenever all of the following occurs:
16 1. a. The annual gross income of
17 the household in which one person lives is
18 less than Twelve Thousand Dollars for the
19 claimant' s last preceding federal or state
20 personal income tax reporting period; or,
21 b. The annual gross income of
22 the household in which a married couple or
23 family lives is less than Fifteen Thousand
24 Dollars for all household occupants ' last
25 preceding federal or state personal income
26 tax reporting period.
27 2. The claimant makes application
28 and files a verified claim in writing with
DAB/bg [Low-Income.Res] 1 July 21, 1993
1 the Director of Finance at City Hall for
2 such refund upon a claim form provided by
3 said Director.
4 3. The claim is approved by said
5 Director as being in conformance with this
6 Resolution.
7 B. Only one member of each household may file
8 a claim and only one claim may be filed for each
9 individual household.
10 C. The claimant shall be the person in whose
11 name the assessment was made, or the successor in
12 interest.
13 D. "Income of the household" means all income
14 of the claimant' s household from all members living in
15 such household who are related to the claimant as a
16 spouse or as defined in Section 152 of the Internal
17 Revenue Code.
18 E. "Gross Income" means the sum of adjusted
19 gross income as used for purposes of the California
20 Personal Income Tax Law, together with the net income
21 from all sources of all kinds, including, but not
22 limited to, alimony, support money, cash public
23 assistance and relief, pensions, annuities, Social
24 Security, interest on securities ( including tax free
25 interest on governmental securities) , realized capital
26 gains, workers ' compensation (not including medical
27 benefits) , unemployment insurance income, insurance
28 benefits of all kinds (other than medical ) , and gifts,
DAB/bg [Low-Income.Res] 2
July 21, 1993
1 except that income shall not include Medicare
2 benefits, Medi-Cal benefits, gifts of food and gifts
3 between members of the household, the receipt of
4 surplus food, or other relief in kind supplied by a
5 governmental agency.
6 F. The claim for such refund may be made at any
7 time up to one year following payment, and must be
8 accompanied by proof that the assessment has been paid
9 by the claimant or some member of the household.
10 G. No refund shall be made to any person for an
11 assessment which is due and outstanding for the period
12 for which refund is claimed or for any prior period.
13 No refund shall be made for any assessment which was
14 paid with public assistance or relief funds which
15 included an allowance to pay the assessment.
16 I HEREBY CERTIFY that the foregoing Resolution was duly
17 adopted by the Mayor and Common Council of the City of
18 San Bernardino at a meeting thereof, held on the
19 day of 1993, by the following vote, to-wit:
20
21
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27
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DAB/bg [Low-Income.Res] 3 July 21, 1993
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ESTABLISHING A LOW INCOME REFUND FOR ASSESSMENT
2 DISTRICT NO. 994 (CITY WIDE) .
3 Council Members: AYES NAYS ABSTAIN ABSENT
4 NEGRETE
5 CURLIN
6 HERNANDEZ
7 OBERHELMAN
8 OFFICE VACANT
9 POPE-LUDLAM
10 MILLER
11
12 City Clerk
13
14 The foregoing Resolution is hereby approved this day
15 of 1993.
16
17 Tom Minor, Mayor
City of San Bernardino
18
19 Approved as to form
and legal content:
20 JAMES F. PENMAN,
21 City Attorney
22
23 By:
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DAB/bg [Low-Income.Res] 4 July 21, 1993
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ESTABLISHING A LOW INCOME REFUND FOR ASSESSMENT
3 DISTRICT NO. 994 (CITY WIDE) .
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
5
SECTION 1. As authorized by Section 6 of Resolution No. 90-
6
207 entitled, in part, "Resolution. . .Preliminarily Determining
7
that Public Convenience and Necessity Require the Formation of a
8
Street Lighting and Street Sweeping Assessment District. . .to be
9
known as Assessment District No. 994 . . . " , the Mayor and Common
10
Council hereby adopt a low income refund program for Assessment
11 District No. 994 as follows:
12
A. A refund of all assessments due and paid under
13
the provisions of Assessment District no. 994 shall be
14 made whenever:
15
1. The annual gross income for the claimants
16
last preceding personal income tax reporting
17 period of the household does not exceed the very
18
low income levels as set annually by the U. S.
19 Department of Housing and Urban Development (HUD)
20
for the Riverside/San Bernardino County areas.
21
2 . The claimant makes application and files
22
a verified claim in writing with the Director of
23
Finance at City Hall for such refund upon a claim
24
form provided by said Director.
25
26
27
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1 3 . The claim is approved by said Director as
2 being in conformance with this Resolution.
3 B. Only one member of each household may file a claim
4 and only one claim may be filed for each individual
5 household.
6 C. The claimant shall be the person in whose name the
7 assessment was made, or the successor in interest.
8 D. "Income of the household" means all income of the
g claimant's household from all members living in such
10 household who are related to the claimant as a spouse or as
11 defined in Section 152 of the Internal Revenue Code.
12 E. "Gross Income" means the sum of adjusted gross
13 income as used for purposes of the California Personal Income
14 Tax Law, together with the net income from all sources of all
15 kinds, including, but not limited to, alimony, support money,
16 cash public assistance and relief, pensions, annuities,
17 Social Security, interest on securities (including tax free
18 interest on governmental securities) , realized capital gains,
19 workers' compensation (not including medical benefits) ,
20 unemployment insurance income, insurance benefits of all
21 kinds (other than medical) , and gifts, except that income
22 shall not include Medicare benefits, Medi-Cal benefits, gifts
23 of food and gifts between members of the household, the
24 receipt of surplus food, or other relief in kind supplied by
25 a governmental agency.
26
27
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1 F. The claim for such refund may be made at any time up
2 to one year following payment, and must be accompanied by
3 proof that the assessment has been paid by the claimant or
4 some member of the household.
5 G. No refund shall be made to any person for an
6 assessment which is due and outstanding for the period for
7 which refund is claimed or for any prior period. No refund
8 shall be made for any assessment which was paid with public
9 assistance or relief funds which included an allowance to pay
10 the assessment.
11 I HEREBY CERTIFY that the foregoing resolution was duly
12 adopted by the Mayor and Common Council of the City of San
13 Bernardino at a meeting thereof, held on the day
14 of 1993 , by the following vote, to-wit:
15
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A
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ESTABLISHING A LOW INCOME REFUND FOR ASSESSMENT
2 DISTRICT NO. 994 (CITY WIDE) .
3
4
COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT
5
NEGRETE
6
CURLIN
7
HERNANDEZ
8
OBERHELMAN
9
OFFICE VACANT
10
POPE-LUDLAM
11
MILLER
12
13
CITY CLERK
14
The foregoing resolution is hereby approved this day
15 of , 1993 .
16
17
Tom Minor, Mayor
18 City of San Bernardino
19 Approved as to form
and legal content:
20
JAMES F. PENMAN
21 City Attorney
22
23 BY'
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