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HomeMy WebLinkAboutS1- City Attorney CITY OF SAN BERN ZDINO - REQUEST FO; COUNCIL ACTION From: James F. Penman, City AttorneySubject: Resolution Amending Resolution Nos. 88-140, 89-510 and 93-381 Relating Dept: City Attorney to the Deferral of Certain Development Fees Date: February 12, 1996 Synopsis of Previous Council Action: February 5, 1996 Recommended Motion: Adopt Resolution. Signature Contact Person: Dennis A - Ra r l nw Phone: c;2 5 r� Supporting Data Attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Description) Finance: Council Notes: 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. DAB/tbm [Fees.Rpt] 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NOS. 88-140, 89-510 AND 93-381 3 RELATING TO THE DEFERRAL OF CERTAIN DEVELOPMENT FEES 4 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 5 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. Subsection D is hereby added to Section 1 of Resolution No. 88-140, 7 relating to Traffic Systems Fee, to read as follows: 8 "D. The fees imposed by Section 3.26.030 of the San Bernardino Municpal Code, and Subsection A of this Resolution, may be deferred 9 at the 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 11 on 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 12 City to 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 SECTION 2. Subsection E is hereby added to Section 1 of Resolution No. 89-510, 14 relating to Sewer Connection Fees, to read as follows: 15 "E. The fees imposed by Section 13.08.050 of the San Bernardino 16 Municipal Code, and Subsection B of Section 1 of this Resolution may be deferred as provided in Section 13.08.055 of the San Bernardino 17 Municipal Code." 18 SECTION 3. Section 6 is hereby added to Resolution No. 93-381, relating to Storm 19 Water Drainage Fees, to read as follows: 20 "SECTION 6. The fees imposed by Section 3.38.040 of the San Bernardino Municipal Code, and Section 2 of this Resolution, may be 21 deferred at the request of the owner of the property until the release of utilities is issued or eighteen (18) months from the issuance of the 22 Building Permit, whichever is less. The owner of the property must personally guarantee payment of the fees, sign documents authorizing 23 the City to place a lien on the property in the amount of the fees, agree to place the payment of the fees in any escrow for the sale of the 24 property, and authorize the City to demand payment in any such escrow. The amount of the fees due shall be the amount in effect at the time of 25 collection of the fees." 26 27 28 DAB/tbm [Fees.Res] 1 1 RESOLUTION . . . AMENDING RESOLUTION NOS. 88-140, 89-510 AND 93-381 RELATING TO THE DEFERRAL OF CERTAIN DEVELOPMENT FEES 2 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 3 and Common Council of the City of San Bernardino at a meeting thereof, held on the 4 day of , 1996, by the following vote, to-wit: 5 6 Council Members: AYES NAYS ABSTAIN ABSENT 7 NEGRETE 8 CURLIN 9 HERNANDEZ 10 OBERHELMAN 11 DEVLIN 12 POPE-LUDLAM 13 MILLER 14 15 A? 16 City Clerk 17 18 19 The foregoing Resolution is hereby approved this a day of , 20 1996. 21 22 Tom Minor, Mayor City of San Bernardino 23 Approved as to form and 24 legal content: 25 James F. Penman, City Attorney 26 27 By' 28 DAB/tbm [Fees.Res] 2