HomeMy WebLinkAboutReso 1994-17655 RESOLUTION NO. 17655
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA AMENDING THE MASTER FEE SCHEDULE
TO PERMIT REDUCTION AND/OR DEFERRAL OF CAPITAL
FACILITIES FEES FOR INTERIM FACILITY USERS
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY FIND,
DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
Section 1. Chapter I ("Introduction"), Section A ("Master Fee Schedule") is hereby
amended to read as follows:
" A. MASTER FEE SCHEDULE
1 ....
2, Fee Waivers or Deferrals
a. The fees set forth in the Master Fee Schedule may
be waived or deferred, in whole or in part, by the
Waiving Authority, as defined hereinbelow in
Subsection b, in accordance with the following
procedures:
1 ) Any person requesting a reduction, waiver
or deferral, or a combination thereof, of a
fee herein charged shall request said
adjustment in writing, addressed to the
Waiving Authority, and shall set forth
therein, with specificity, the reasons for
requesting said abatement of all or any
portion of the fees.
2) The Waiving Authority shall conduct a
public hearing, notice of which is not
required to be published. Notice of said
public hearing shall be given to the
applicant and to any party or parties
requesting notice of same.
3) Prior to adjusting all or any portion of a fee
established in the master fee schedule, the
Waiving Authority shall find that either (1)
the fee, when applied in the particular case
under review, would require the applicant
to pay an amount which is significantly and
II'T;
Resolution No. 17655
Page 2
disproportionately larger than other fee
payers given the rights of enjoyment of, or
benefits of, the facility or program for
which the fee is paid, or (2) the applicant
will suffer a peculiar economic hardship or
other injustice from the payment of the fee
which outweighs, when balanced against,
the need of the City for revenue and the
need for a uniform method of recovering
same from those against whom it is
imposed.
4) The Waiving Authority shall impose such
terms and conditions on the adjustment as
deemed appropriate, and shall given due
consideration to terms and conditions
involving interest on amounts deferred,
security to assure the eventual collection.
b. Waiving Authority, as the term is used herein,
shall mean the City Manager, or his designee, if
the amount of such waiver is less than or equal to
the greater of (1) $2,500 or (2) 25% of the fee
imposed by the master fee schedule. If the
amount of the waiver is greater than the greater of
$2,500 or 25% of the original fee imposed by the
master fee schedule, the Waiving Authority, as
used herein, shall mean the City Council.
c. If the Waiving Authority in a particular fee waiver
matter is the City Manager, or his designee, the
decision of the City Manager, or his designee, may
be appealed to the City Council by any resident of
the City of Chula Vista, including, but not limited
to, the members of the City Council. If the
Waiving Authority is not the City Council, then the
Waiving Authority shall provide notice of his
decision to waive a fee set forth in the master fee
schedule by distributing a copy of said notice of
decision to each member of the City Council and
to the City Clerk. Said notice of decision shall be
deemed a public record.
3. Master Fee Schedule Copies
Copies of the Master Fee Schedule may be purchased for
$6.00."
Resolution No. 17655
Page 3
Section 2. The Council finds that a reduction of the Transportation DIF and a deferred
payment plan for the balance of the Transportation DIF Fee due from Bonita
Country Day School, in the manner and amount set forth in the "Agreement
between the City of Chula Vista and Bonita Country Day School for Waiver of
Certain Specified Fees" dated September 20, 1994, is appropriate due to the
fact that (1) said School is limited to its occupancy at the proposed site to a
period of 5 years and the facilities which the Trans DIF will go toward
constructing will last longer than such temporary use period; (2) said School's
occupancy will occur in temporary, portable buildings; (3) said School is a non-
profit corporate entity providing a significant social benefit to the community;
and (4) requiring immediate payment of the full or deferred amount of the
Transportation DIF will operate a significant economic hardship on the School
such as to prohibit it from being able to operate.
Section 3. The Council approves the "Agreement between the City of Chula Vista and
Bonita Country Day School for Waiver of Certain Specified Fees" dated
September 20, 1994, and known as document number CO94-207, a copy of
which is on file in the office of the City Clerk.
Section 4. This resolution shall take and be in full force and effect immediately upon the
passage and adoption hereof.
Section 5, The City Clerk shall certify to the passage and adoption of this Resolution; shall
enter the same in the book of original Resolutions of said City; and shall make
a minute of the passage and adoption hereof in the minutes of the meeting at
which the same is passed and adopted.
Presented by A rovedi~
Resolution No. 17655
Page 4
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista,
California, this 13th day of September, 1994, by the following vote:
YES: Councilmembers: Fox, Horton, Moore, Rindone, Nader
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Tim Nader, Mayor
ATTEST:
Be~verly A. Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution No. 17655 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 13th day of
September, 1994.
Executed this 13th day of September, 1994.
· Authelet, City Clerk