The URL can be used to link to this page

Home My WebLink About10-Public Works . o 0 File l1.43-P.M. 11174Lll03-RP 87-98 CITY OF SAN BERNARDINO - RI!QUEST FOR COUNCI ACTION From: ROGER G. HARDGRAVE Subject: Protest of Pacific Scene, Inc., Victoria Industrial Park -- ~ Tony Meza - Imposition of Storm Drain Fees Dept: Public Works/Engineering Date: 6-09-88 Synopsis of Previous Council action: 02-15-88 Close Public Hearing on increase of Storm Drain Fees and continue to 3-07-88. Continue matter to 4-04-88. Continue matter to 4-18-88. Adopt Resolution No. 88-114 amending Resolution 79-425 Establishing Fee Schedule. 03-07-88 04-04-88 04-18-88 Recommended motion: 1. Take no action ;OR 2. Refund sum of $10,130.60 in Storm Drain Fees from Storm Drain Construction Fund; OR 3. Provide for refund on all developments in progress asof (date) . cc: Jim Robbins Jim Richardson ~d/~4r~ Signature Supporting data attached: Staff Report, Memo, Letter Ward: 5125 ALL Contact person: Gene R. Klatt Phone: FUNDING REQUIREMENTS: Amount: N/A Sou rce: F inanC8: Council Notes: 75-0262 Agenda Item No. /~, - , . CITY OF SAN _RN~DINO - R.QUEST & COUNCIL ACTION STAFF REPORT Page 1 of 2 In March of 1987, staff began working on the increase in development fees for the City. In June of 1987, the Mayor and Common Council considered the matter during budget hearings. Beginning in January of 1988, staff began working on the fee increases. The matter was presented to Ways and Means in January and was referred to the Mayor and Council in February of 1988. A public hearing was opened and closed at the Council meeting of February 15, 1988. Further action was continued to meetings of 3-07-88, and 4-04-88, with final action taken on 4-16-88. On May 10, 1988, the City received a letter from Mr. Tony Meza of Pacific Scene, Inc. objecting to the increase of fees on the Victoria Industrial Park commercial development. Mr. Meza's letter detailed his analysis of the process and stated that the City had failed to comply with Government Code Section 65962 and that the fee was null and void. Government Code Section 65962 does not apply in this case as it refers only to single family homes, not commercial develop- ments. The City Attorney's office has verified that the actions taken by the City were legal and that no codes have been violated. Engineering staff has reviewed the record of plan sub- mittal and has detailed it in the attached memo from Mr. Grubbs, Senior Civil Engineer. It appears the plan was approved prior to the new fee date but the developer did not request permits until after the fees changed. There was no attempt to "delay" the project as Engineering staff had no idea when action on the fees would take place. It had been continued from mid February and the staff could not have known the Council would act on April 16. As to why the building permits were not issued, we do not know. There would have been no reason to hold them from the ~ngineering Department's perspective. When the Mayor and Council adopted Resolution No. 88-114, no provisions were made for a "grace period" to allow implementa- tion. It was not a new fee, but merely an adjustment in an existing fee. This fee is collected at the building permit level so projects in the system without building permits would be affected by the new fee. The development community had been advised in February of the proposed change. Notices were posted at the public counter in the Public Works Department, the public hearing was published in the paper and noticed on the agenda. The BIA was also notified and had appeared before the Ways and Means Com- mittee to address the fee. The fee had always been a condition, only the amount was changed. 6-09-88 75-0264 ~I"'; OF SAN BERN2RDINO - REQUI!ST ~ COUNCIL ACTION STAFF REPORT Page 2 of 2 Council has many options in this matter and only a few are listed below: 1. Take no action and the fees remain. 2. Waive the increase in fees on this project only. 3. Take action to waive fees on all projects similar to this and refund fees to all projects in process before a specified date (major economic impact and record keeping). 4. Combination of the above. Staff is of the opinion that no action should be taken. The public had been notified, notices posted and action was delayed from February IS, 1988, until April 16, 1988. Pro- cessing of plans takes time and the plan check on this project was timely and in accord with the normal plan check process. The developer did not obtain building permits for reasons staff cannot determine. There was no hold on the permits and no reason not to issue them. Building and Safety personnel have indicated that they do not recall being asked to issue permits u nt il 5-03-88. The fees have a 1 ways bee'n collected a t the building permit stage of the process and this was not changed by the Council's action of 4-16-88. No government codes were violated and there was no intent to delay for economic gain. To grant a w~iver would subject the City to many more claims for various reasons or "delays" as perceived by the owner/developer. 6-09-88 75-0264 o o @ Pacific Scene, Inc. pc:r,::' 'c- . . 1\'-_"_ .>, "" ....-.. . -' .....t " , I J May 5, 1988 _. ... ..-"' :.-.~. Mayor and Cannon Counc:il City of San Bernardino 300 N. "0" Street San Bel:Tllmiino, CA 92418 , . ." . /' ," f...... , , .- f J"\ '-. .- L. ~ Re: Protest of Irrposition of Exactions Victoria Industrial Park NIC victoria and Richardson St. San Bel:Tllmiino, CA ::~- ... ':Ja.. -0/'- \, "'". "i;" ~ \~- ~ . . .<. ~~ Dear Mayor and Ccmnon Council, I Tony Meza, Vice President of Pacific Scene, Inc., a California corporation, General Partner for the above referenced developnent hereby protest the inpoeition of additional fees by the City of San Bernamino under section 65913.5 of the Goverm1ent Code. The reason for the above protest is due inpart with the City of san Bernanii.no 's recent adpption of resolution 00. 88-114. This resolution, (see exhibit "A") which was awroved April 19, 1988 states that an increase in stann water drainage fees shall ~ assessed to all iIXiustrial and ccmrercial developlents. As such, Victoria :J;n!'ustrial Park is being assessed an additional $lO,130.60 in stcmn water dra~ fees. These fees were i..properly and illegaly iJ'lp:lsed and are null and 'lQj,iS. The City failed to a:<<ply with government code section 65962 when it a10Pied resolution 8&ll4. Please be advised tha pacific Scene, Inc., has paid these fees (see exhibit "S") so as to not further delay the developllElnt of said project. In a:<<pli.anoe with all the appl ;<:",hle provisions of law, Pacific Scene, Inc., hereby m::lIIeS for the annulment of the above fee, for reasons that Pacific Scene, Inc., was rnisinfcmred by the Engi,r.-ring Depart:llent of the City of San Bemardino with respect to the release and issuance of construction drawings prior to the adoption of resolution 00. 88-114. The following infcmnation shall state the fact.ual elelrents of the dispute: On April l5, 1988 I was inforned by Mr. Steve Pleasant of C.M. Engineering that. the City Engineering Depart:llent would release the const:ruction drawings for the above developlent effective iJmBdiately. On ~ April 18, 1988 upon Pacific Scene, Inc 's. , atterrpt to pull oonst:ruction drawings and building psDlIi.ts, I was informed thru my Director of Const:ruction Mr. Larry Farrell that the construction Q~n!:: MT VERNON. SUITE 300. COLTON. CA 92324 (714) 370-1550 . o o drawings would not be re1"'8,ed. After several calls to Mr. Steve Pl~II'ant re- garding this IlIltter, Mr. Pleasant assured me after talking to Mr. Michllel Grubbs, Senior Civil EngiMer with the City of san Bemardino, that the plans would be rel~~ i.mnediately. I in turn relayed this nessage to Mr. Farrell and thought this IIlIItter _ finally closed. Unfortunately I _ wrong, "",,"~lllIe on May 3, 1988 while atterrpting to pull additional permits, I _ informed by Mr. Farrell that the construction drawings hIId in fact not been releMed and were still being held by the City Engineering's Department. I am sorry to say I was not aware of this fact. As a result of this, due in part to all this confusion, pacUte Scene Inc., is now faced with having to pay an additional stcmn drainage fee equivalent to $10,l30.60. As you see, MIIyor and CamDn Council, I am reluctant in paying this additional stcmn water drainage fee, solely because Pacific Scene Inc., _ ready and able to pay all those fees related to the above matter, dating bac:k to April 1, 1988. In fact, I _ told by the Engineering Department that upon the .........oval of the grading plan for Victoria Industrial Park, all construction drawings and permits would be available and ready to be issued. As I recall, on April 1, 1988 per my conversation with Mr. Aba Mendoza, Civil Plan Check Engineer, I _ informed that the grading plan had been approved and that I could pick it up on tblday April 4, 1988, whereby it 'oIOUld release the construction drawingll. Ch Monday April 4, 1988 , Mr. Farrell infomed me that the Engineering/Public Works Depart- ment, per the instructions of Mr. Grubbs, would not sign and release the grading plan until Mr. Mendoza returned fran a one-week vacation. As such, it was not until April 13, 1988 when Pacific Scene, Inc., finally received ~ of the grading plan and permit was issued. SUbsequently, we expected the releale of the construction drawings, but as you well know, did not occur then nor within the following weeks. In closing, I honestly believe that this is an injustice and that Pacific Scene, Inc., should not be held liable for the inposition of exactions on Victoria Industrial Park. The storm water drainage fee, presently inposed on Victoria Industrial Park will have a severe financial i.rIpact on the deve1opnent. further- 1lDre, I honestly believe that this protest could have been avoided, had Pacific Scene, Inc., been notified of a potential increase. Ch behalf of Pacific Scene, Inc., I hereby tender these fees in the anDUIlt of $10,130_63 under protest pursuant to goverment code 659l3.5. I request that you set this matter for hearing and reinilursement for the amount of $10,130.60. Respectfully and Sul:Jni.tted, 'IM/ cc . ,CITY OF SAN fi!ERNARDINO - ~EMORANDUM ROGER G. HARDGRAVE, Director of Public To Works/City Engineer MIKE GRUBBS Frum Sr. Civil Engi neer Subject RP87-98: 10 Industrial Buildings at the Date May 17, 1988 Northwest Corner Richardson Street and Victoria Avenue File No. 11.03 PM 11174 Approved Date 11.43 RP87-98 I am submitting the following record of events in response to a letter by Pacific Scene's Tony Meza dated May 5, 1988, alleging they were delayed in the Engineering Plan Check Process. Development Review Committee Approved Grading Plan, First Submittal - Returned - Grading Plan, Second Submittal - Returned - Grading Plan, Third Submittal - Returned - Grading Plan, Original Submittal - Project - 11/12/87 01/21/88 03/07/88 03/16/88 03/28/88 03/30/88 04/11/88 04/05/88 (Submitted Prematurely) 04/12/88 04/13/88 05/03/88 05/06/88 Approved - Grading Permit Issued - Engineering Released Building Permit - 8uilding Department Issued Building Permit - Contrary to a statement in Mr. Meza's letter, Abe Mendoza has advised me that he was prepared to release the Building Permit on April 13, 1988, but was told they did not need it at that time. The approved Grading Plan was available for check-out at that time and we were fully prepared to release our hold on the Building Permit on request. We do not know why the permit would have been refused on April 18, 1988, as Mr. Mesa has alleged. Additionally, Mr. Meza's summary of events during the time period April I, 1988, through April 13, 1988, is not accurate. Tom Fujiwara, of CM Engineering, contacted me on April 4, 1988, asking the status of the plan review and asking if someone else coul d compl ete the Pl an Check in Abe' s absence. I requested that he wait, if possible, because it would not be productive to assign the project to another checker since Abe was most familiar with the project and would probably be able to complete it immediately when he returned on April 11, 1988. Tom said he would check and let me know if the Developer could wait. l' ,,'1,""-',' -1,_ " -, ~; _,J''] '" .~ \""~~~ I ..,.~' "' . ROGER G. HARDGRAV<:> <:> Re: RP87-98: 10 Industrial Buildings at the Northwest Corner Richardson Street and Victoria Avenue May 17. 1988 File No. 11.03 PM 11174. 11.43 RP87-98 Tom called again on April 6. 1988. and advised that the Developer needed the Plan approved as soon as possible. I told him we would do our best to get it before April 11. 1988. but I could not promise it. Reza Hooshmand worked on the project. but. due to heavy demand at the public counter. was unable to complete the check. Abe finished the Plan Check on April 11. 1988. and the Plan was approved on April 12. 1988. d!t~'d",,-l (v /'it <<-!!is- MICHAEL W. GRUBBS Senior Civil Engineer MWG:pa -2-