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Home My WebLink About55-Planning CI1Q OF SAN BERNARDIQ) - REQUIEOr FOR COUNCIL AC~N ~ Vincent A. Bautista Letter of Appeal for Variance ~ From: Acting Director of Planning REC'D.-UMM. CNCF', 87-18 Pending Before the 1987 Planning Commission Dept: Planning .11'" -5 At4 ;0' 48 Mayor and Council Meeting of DMe: June 4, 1987 June 16, 1987, 2:00 p.m. Synopsis of Previous Council action: Previous Planning Commission action: At the meeting of the Planning Commission on May 19, 1987, the following action was taken: The application for Variance No. 87-l~ was referred back to the Environmental Review Committee for further analysis. Vote: Unanimous. Recommended motion: To support the action of application for Variance Committee. the Planning Commission remanding the --\. 0 No. 87-18 to the Env<ronmeotal~~~ ~~ i . \ . {,\ ~\ 'J~~~ c /~../~ , Signature Vincent A. Bautista Supporting data attached: Staff Report Ward: 383-5057 3 Contact pBrson: Vincent A. Bautista Phone: FUNDING REQUIREMENTS: Amount: Source: Finance: Council Notes: 75_0262 Agenda Item No, ~ f"" CI~ OF SAN BERNARDI.Q - REQUEQ- FOR COUNCIL Aci.ON STAFF REPORT From: Vincent A. Bautista, Acting Director of Planning Subject: Letter of Appeal for Variance No. 87-18 Pending Before the Planning Commission Date: June 4, 1987 On May 19, 1987 the Planning Commission considered Variance No. 87- 18 and, on the advice of the City Attorney, remanded the item to the Environmental Review Committee for further study. The attached memorandum was distributed to the Planning Commission at the meeting. As a result of further discussion during the Public Hearing, the Commission also requested the Environmental Review Committee to study potential traffic impacts which may result if the Variance were to be granted. On May 22, 1987 the City Clerk received the attached letter from the Simchowitz Corporation appealing the "denial" of Variance No. 87-18. Actually, the matter has not been denied but, rather, remanded to the Environmental Review Committee. Once cleared by that committee, Variance No. 87-18 would return to the Commission for a decision. Staff would, therefore, recommend that Variance No. 87-18 be remanded to the Environmental Review Committee and, once cleared by that committee, that the matter be referred to the Planning Commission at a re-advertised Public Hearing. 75.0264 "C" o "'_.;I'I~':~'" '~'l;:i"~f. I ,,'r.,'~ ,~~~a.~:~,(~~M~'- .~... ;, " ' .. "" . "J~i'!:.{,'<t:}~,,1{ ~<.l:~' .:" """'H,.~II'I"~" ~'''': ~ 1..f'" . .~.....~'t"'(i...' . :, ;,t' ~ ". ,. \~. .(f ('I}" , ~.' ' '. " , . l ~ '. , ., ~. I . . .' , ',\. "A." '" "1',1:' Jf}!r',' ", .:~ .- , ~ ,t ' . " ,:;r~; "... .t~; , " . , ""'j' . .; _l'~~ ~~:: .'. I '('1\ \ \1:),:/":\ , l" 1 .. "::,: Ccxporatioo" . The ", I ' lIay 20, 1981 +'0i~&~{.:, - ;-:~ ~~:.:.: ",. . ;~. , , ":.' l,,"i~: (; ...~~:::. ........., ,~:' -~>>~<~- -.. .~,~~1:~~ 1~;'. :'~:~~,.: ;: ,>~,T;l~;; ,., .: 'i;~l\~~.;t~;~ , -.... '-"~.:':j,::'!,~, :..;,'!\t~ ,.t, o -~. :It. ~ .J~~;~ ;' .-), '.~~~,.?f~\ ~1-\~ ~~ ,";, "~\;':':':'~' :~;~' ..'~ ). , .. . . - ~l ," ",( , , ~ . ';' ..~ lis. Shauna Cl,rk City Clerk " City of San Bern.rdino 300 North -Dw street San Bernardino,'CalUornla 9a4U I . ,-; '\ ':':)l'~;i,<<"<"'~ l~;-..; ," ! ~ -~';J~~::':"~:.:~- ':, '. '::'t'i.: .,':. " ";{~:l' ,'! .. , ~i " .. ',t. . "~l . , ,.."",' '~.- : 1" ,.:.~':...~ . ,"" " "~,;',,::;:~,~~r~iJ :f~' ',' ' ,: !q,i"'l'~\~: ".,,',::', . ", ,...~.". .. \' .. ,,' tl.. ,.-;, 'J,.~,;. '<.~ '.' Dear Ms. Clarki . .... '" This letter serves as a formal request to.' .ppeal'th..d.nlal':~, 1~~ of the planning Commisssion on Variance '.7-18. Pleaseplaoe ' us on the agenda for the June 1, 1987,c4trCoQoU JIleeUnw,' . by sending tbe !leceseary publio not1o"~i:i~tt~.~,"'f':o~din~' (~(~':';'l:P,)} Iii ", property own.re. If.~""'"" ,'. "'.. . \":~'''\I''"''~' , ' ". ,'" 1(~ll~' J 1'" '. '\i:"'''' ,-"'/ . . . . _ ;'~..Io"i' ,:V;Jl\ ."~' :',\ '0" ,f)'- :',,~, '. ...'./::s.it~f { I i i ~ i "..:..,'....,'~.,. '4" ...'.~".~..~I~~ Your cooperat On n ~~*., ..tte.r ,';, ~~,ttf~R~~~t~,~t ,t:~" < ,; ,;:.~!l*;..j'~"';';" ,'"' " '. i , ';j.,,/Ii'~t'>, * 1<.."t~1{' "h '. ~"" ''''.I''''"'-'I'+'~~ . ',' .. ""..' . ""''''~1;' ...., ",. ..,." " · "" ,~ "', " ~..,~ 'f (j ", .,'" " . ' I: ,f.".;", ;.', ~ . " . ...". ." ,.""'.~ ~~ .....,!,' ''',,' " ,\0,... ., ... ~"~ io:...,;rc' .. ,~-I..i~'~" '. l.'~") . .:,,-:. -~ ~ .'!, ~., ~" . ',', (,!...t:< " .'_4 . ....,.B:,"",'l~;';. ~ '. :..~:~:.,' , .' .,.,,,,,.~'t-."'.i----';c~~,' 1 'l _ .,"" ... ....".:::i J', '~i1,~f. , . lI:~~\:lHI'f"Y;,....:~:.~-.:;. ,,~, ;....c "'.':m ~ :It'l. ~. ".' .' . ..'::'t;!;'~~'r, '.- .~ :'.':>::>'1' -t!~: 00 m:"@; rn ;~ Wi:. rn. [ill! ' J~ (I":", e , ,'j,'''''' ;'; ,,i... II I l'P. ~ " . .:',._ , ''','' " ~~t;l~ft~',. '.\ . .'" . ~ ;~'J t'f;.t:, ' .::, ;, .' A:~,7"...'.,.. ">;:": "i'I:~'f'::~J:i.;. JI" ':l~;; J~a.T$:!f);'~ ,i'i,,~~~~,.tt\.lr'l:' '" , ," ~_ ". ,.., .:.,. ".S '.. :t'd,. . . '_.1_.'. ",'. , ',' ''''f/'';'' ," '1.", ,,-" .. .,il. !S'~.!if?'-.t~ ,',":'?:?' '.' ',' "":~1'~~A ~.R~~~~~~~~~t.,r!!, :;,T:~j]!JJ~~~;~ " . '- ,_):l:~r\""'l',~,"',~,~ ~;. . ' . ~ '. ~. 1 -..,,'.-..... ~ I,'f...-", __"l.. " .{ ....'. ". ~ !':::'.ti"",~~'l"",,'~;~:~~' ,.: ....l.r:;;,;.tr.:~:~...,.;,/:o. . .' . ".?'{ ~.::'>.. '.,' 118/1'9 "'-:' " , . ill' \~;,: . '.:.! , ~ '("'J1o~~"fr ~~:$~,~!CII. San Bc~~ ~~ 92408, (1141N9-N1 . "",~'\".' '_-.:~ ...::....~__' . '" t~>.:;.'. ..:.'Il!....~'.., " '. . . ,.r. ,.,~. ?j.~:.if~ "''i..' . GDlEV;;;"~ ::i. , . c o o :) LAW OF"'ICf:.S OF Reid & Hellyer RECElVEO -S6lJ.tG.loEfl~...", .." WILLIAM S. HEI.."''!'!!:A ENOS C. RI!:ID .JOHN D. IIAall"'GE ROBERT ..I. BIE:ASCHI!lACM HORACE: O. COIL. .JOE SAX DONALD F. POWELL DAVID O. MOO In: "RANK oJ. DELANY .JOHN K. MIAAU .JAMES ..I. "'.a.NNING, ,JR. ,JANIE: W. CARNEY "AI..PIoI 8. PAl-MEA VERONICA M. GRAY DIANE S. BREWER RICHARD D. ROTH CATl'IERINE E. S. IRWIN OAN G. MCKINNEY CAIII'!'l.. D. HANSEN "''''''11. C. EDWARDS ALEXANDRA S. WARD WILL.I"''''..I. WARD CHA"LES T. SC"'UL.TZ "'AUI.. E. SCI-IRIER OAVlO M. SCHACI'HER NIC1-l01.....5 SCI-IDUTEN KENNETM C. .JONES fIIe.EAT W. CANNON .JAMES E. COl'""'IN A ,o"OI"ESSIONAL. CORPORATION 599 N. ARROWHEAO AVENUE POST QI"I"ICE BOX e086 SAN BERNARDINO, CALIFORNIA 92412 {71....' 88....-....70.... {71....' 82....-5325 GED. W. HELLYER 11888-19681 .JOHN 8.::;URR' 1L906-1970 '81 11AY''29' "P"41TZ ".'0-'.'" TEL.ECOPIE~ (71....1381.4285 RIVERSIDE OF"FICE 3800 ORANGE STREET RIVERSIDE, CA 92502-3834 (714) 882-177' May 29, 1987 ORANGE COUNTY OF"ICE IgOI NEWPORT BL.VD., SUITE 23;' COSTA MESA, CA 92627 (7141 e31~g!52 OUR F"ILE NUMBER Ms. Shauna Clark City Clerk City of San Bernardino 300 North "D" Street San Bernardino. California 92412 Re: Variance '87-l8 Dear Ms. Clark: The purpose of this letter is to set forth the basis of our appeal of the denial of the Planning Commission on Variance '87-18. I. Extraordinarv Circumstances. Government Code 65906 includes. within the purview of "special circumstances" which justify a variance. unique aspects regarding the location and surroundings of the subject property. The location of the site upon which Variance '87-18 has been requested is unique due to its proximity to the raised freeway interchange and to other multi-story office buildings. These unique circumstances limit visibility preventing the subject property from competing with other buildings in the vicinity in ease of identification and the provision of prominent and visible name identification of major tenants. There exists a cluster of multi-story office buildings to the south. southeast and east of the subject property. In essence. the property is sheltered from view by such surrounding buildings and from the view of commuters traveling on Interstate lO and on Interstate 215 significantly decreasing the visibility of the building and its desirability to major anchor tenants who demand name identification on the building exterior. 'C o ~ ~ J Ms. Shauna Clark May 29, 1987 Page 2 Another unique aspect of the location and surroundings of the subject property is its close proximity to the Santa Ana River. The Santa Ana River, just north of the subject property, creates two problems. First, because the river may be crossed only at specified bridge locations, the property has no access to the north. Second, due to the presence of the river, property just north of the river is cut off from the major development to the south preventing major development to the north. There are no major boulevards or arterial roads north of the river. The result is that the area north of the river is blacked-out in terms of visibility, access and draw for the SUbject property. Thus, visibility and strong building identification within the community are limited solely to the building facade facing south towards Interstate 10. In summary, due to the unique location and surroundings of the subject property, it is placed at a serious disadvantage with respect to visibility from major freeways and desirability from the point of view of major tenants seeking to obtain community identity and presence through exterior signage. This serious location disadvantage can be resolved by permitting the 62 foot building proposed by applicant. The additional height will provide the needed visibility from the freeway and place the property on a par with surrounding properties. The extraordinary nature of this location is obvious when comparing the subject property with the buildings currently under construction at the Tri-City Development located at Waterman Avenue and Interstate lO. Those buildings have excellent visibility and access from the freeway as well as from the highly traveled Waterman Avenue. Visibility is excellent from almost 360 degrees. II. Preservation of Substantial Proper tv Riqht. Visibility to commuters and ability to create a community identity for a building is a significant property right that is critical to successful leasing of a general office building. Because of the unique location of the subject property (the surrounding buildings, the adjacent Santa Ana River, and the absence of significant commercial development directly to the north of the Santa Ana River), this significant property right will be lost unless the height variance is approved. . .c o ........., "",J ::> Ms. Shauna Clark May 29. 1987 Page 3 III. Intent and Purpose of Land Use District. The intent and purpose of the zoning designation given to the property and surrounding area is to encourage office buildings of the nature proposed by applicant. The sUbject building, including its proposed height, is consistent with the intent and philosophy of the general plan and in fact is exactly the type of up-scale office building that was intended to be encouraged in this zone. IV. Discrimination The general theory underlying a zoning scheme is that each party foregoes certain rights to use its land as it wishes in return for the assurance that the use of neighboring property will be similarly restricted. Fair application of a zoning scheme depends on such reciprocity. In this case. the city has engaged in a course of conduct that attempts to substantially restrict applicants' property rights while permitting other property in identical zoning areas to obtain height variances. Several height variances are cited in the planning department's summary previously submitted to the Planning Commission. In addition. height variances have been granted for construction of buildings in the Tri-City Development referred to above, despite the absence of the special conditions applicable to the subject property. Government Code section 65906, dealing with variances from zoning ordinances. requires that the administrative body granting the variance find that strict application of the zoning ordinance "deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification." In Miller v. Board of Supervisors. 122 Cal.App.3d 539 (1981). the court expressly held that in assessing the "privileges enjoyed by other properties" the fact that another property owner has been granted a variance is a relevant consideration. In this case, it is clear that granting waivers of the height restriction in the Tri-City Development (e.g.. Holiday Inn. 10 stories approved May 19. 1987. CUP 87-l7) elevates approval of a height variance to the status of "privileges enjoyed by other properties." "'C ",..''''-.. l,... o "", J Ms. Shauna Clark May 29, 1987 Page 4 The Tri-City Development is the most direct competitor of applicant. Permitting height variances in that development while denying similar height variances to applicant constitutes an illegal deprivation of a significant property right in violation of Applicant's constitutionally protected rights of due process and equal protection. Findings consistent with those set forth herein are legally sufficient to justify granting of a variance under Government Code Section 65906 and San Bernardino Municipal Code 19.74.020. Request is made that such factual findings be made and that approval of the variance be granted in accordance with the prior recommendations of the San Bernardino planning Department. /'ry truly y~urs. " il K t'V\\\r~ /~~~;:K. Mirau of REID & HELLYER A Professional Corporation 4/S/5322g/da . 'CITY OF SAN BE~ARDINO Q... MEMORANDU~ To PLANNING COMMISSION From Cynthia Grace Deputy City Attorney DMe May 19, 1987 Subject Variance 87-l8 Approved Date 750.l7 COMPLIANCE WITH ALQUIST PRIOLO IN CALIFORNIA ENVIRONMENTAL QUALITY ACT he Alquist priolo Special Study Zone Act establishes andards and requirements for processing applicatio s bUI ding permits or any kind of development permis on whic have identified earthquake hazards on them The state geolog ~has prepared maps which identify the hazard areas. Public R ources Code 2623 states: "The app Qval of a project by a city county shall be in acco~~ance with policies and iteria established by the State'~ining and Geology Bo rd and the findings. of the state ge~logist. In the evelopment of such policies and cri~eria, the Sta Mining and Geology Board shall seek t~e comment nd advice of affected cities, counties, an~ state agencies. Cities and cou~ties shall re9uire", or~, the a2prov~1 of. the proJect, a geolog~c rep t ef~n~ng and del~neat~ng any hazard of the surf ce"{ault rupture." Administrative regUl~t'~ for ~he~imPlementation of the Alquist priolo Act are set fo th at Title l~,of the California Administra- tive Code beginning, ith Section 3600~, Section 3603, subsection 0 states: /7 "-.: - - "Applicati 11 for a development permit ~ within t delineated special study zone accompa ~ed by a geologic report prepared b a geolo st registered with the State of Califo ia, whic is directed to the problem of potential s rface fa t displacement through the project site. . . ." In addition to the specific requirements of the Alquist priolo Special Study Zone Act, geologic hazards are within the scope of the California Environmental Quality Act. Under the California Environmental Quality Act, no project may be approved until the environmental hazards have been evaluated, and miti- gating measures have been developed. This is particularly true where public safety issues are involved. Public Resources Code 21002 states: c o o :) Planning Commission May 19, 1987 Page 2 "The Legislature finds and declares it is the policy of the State that public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects and that the procedures required by this division are intended to assist public agencies in systematically identifying both the significant effects of the proposed projects and the feasible alternatives or feasible mitigation measures which will avoid or substantially lessen such significant effects." The staff report with respect to Variance 87-18 indicates that the project is located in a liquefaction zone. However, no geologic report has been done for the project. The staff report recommends that a geology report be obtained prior to the issuance of building permits. The recommendation to defer the geologic report until a later time but to meanwhile approve the project without this information is contrary to both Alquist Priolo, and to the California Environ- mental Quality Act. It is also contrary to logic and common sense. A four-story building of over 100,000 square feet should not be approved without evaluating the scope and extent of the environmental hazards on the site and without evaluating appro- priate mitigating measures. The approval of the variance is the City's only opportunity to impose conditions on the project. At the time of building permit issuance it will be too late; no new conditions can be imposed upon a building permit. VARIANCE FINDINGS Section 19.74.020 of the San Bernardino Municipal Code states: "The Commission, before it may grant a variance, must make a finding in writing that in the evidence presented, all of the following conditions exist in reference to the property being considered: A. That there are exceptional or extraordinary circum- stances or conditions applicable to the property involved, or to the intended use of the property, which do not apply generally to other property in ,the same zoning district and neighborhood; B. That such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. c o o :) Planning Commission May 19, 1987 Page 3 The language in subsection A is construed in light of the variance test in state law which says that a variance may be granted only when there are unique physical characteristics on the site such as size, shape, topography, location or surroundings; in such circumstances, the strict application would deprive the property owner of a privilege enjoyed by other property owners with the same zoning classification. The variance test goes on to say that "any variance granted shall be subject to the conditions that will ensure the adjustment thereby authorized shall not constitute the grant of a special privilege inconsistent with the limitations upon other properties in the vicinity and the zone in which the property is situated." Government Code 65906. The prohibitions against special privileges is merely a restatement of constitu- tional principals of due process and equal protection. The site of Variance 87-18 is a relatively flat, roughly rectangular building site. There do not appear to be any unique physical characteristics of the site which differentiate it from other similarly zoned property. Therefore, the applicant has not met his burden of proof in demonstrating that there is some unique physical characteristic of the site which deprives it from use of the property enjoyed by other similarly situated property. with respect to San Bernardino Municipal Code Section 19.74.020 subsection B, the applicant has failed to demonstrate that there is any hardship or deprivation which threatens his enjoyment of the substantial property rights. Therefore, the applicant has failed his burden of proof with respect to the second finding in the variance test as well. Granting of the variance under these circumstances would constitute a special privilege. COMPLIANCE WITH THE SAN BERNARDINO MUNICIPAL CODE Chapter 19.56 of the San Bernardino Municipal Code sets forth parking standards. 19.56.010 A describes specifications for parking stalls and access. The San Bernardino Municipal Code Section 19.56.110 describes specifications for compact parking spaces. The applicant shows on his plot plan typical dimensions which are not consistent with section 19.56.110 or 19.56.010. In addition, the applicant shows on his project tabulation a certain number of spaces described as "offsite" spaces. There is no explanation of what off site means or where these offsite spaces are. There is no provision in the San Bernardino Municipal Code for offsite parking. The applicant has failed to meet his burden of proof that he has satisfied the parking requirements in the San Bernardino Municipal Code. 'C o o ~ Planning Commission May 19, 1987 Page 4 Section 19.56.120 describes standards for landscaping in parking lots. Section 19.56.120 A (5) requires that 5% of the "total paved parking area" be landscaped. The applicant, in his project tabulation has shown some numbers, but he has made no correlation between these numbers and the plot plan; therefore there is no way to ascertain how he derived the numbers which are shown on his project tabulation. Therefore, the applicant has failed his burden of proof to demonstrate that he has complied with Section 19.56.120. Section 19.28.070 of the San Bernardino Municipal Code establishes a maximum permissablebuilding coverage for the C-3 and the C-3A zones; the maximum coverage by "any structure II shall be 50% of the lot or lots. The applicant demonstrates that the present building covers 14.7% of the lot. However, he shows one additional four-story office building on his plot plan and about 25% of the plot plan is blank and labeled future development. Since one-half to two-thirds of the site are covered by the four-story office building described as phase 1, (which is the subject of this application), and its required parking, it is difficult to imagine that the additional proposed development, and the parking structure which will be necessitated by this future development will comply with the 50% site coyerage limitation. Srrh.s k~( .trl,....:~.ptNCLUSION Thi~rOject must be remanded to the Environmental Review Committee for a ~eglg~i& report prior to approval of the project in order to comply with the A1'iu';'"t I:"riolu Sl:"eGial St;1l8} B6.... A...t, and with the California Environmental Quality Act. The applicant has failed his burden of proof to demonstrate that the requirements of the San Bernardino Municipal Code have been met with respect to landscaping and parking. The applicant has further failed his burden of proof that the first two elements of the variance test have been met. ~~ ~.~L- CYNTHIA GRACE Deputy City Attorney CG:km Ctioarb of ~trui.&or.& 0 atountg of &an 5trnarbino o :) April 14, 1987 .arbal'8 <4l'8m Bwrban Supervisor. Third District JOHN LIGHTBURN Oi.triel Coordinltor PATRICIA LEJA Fiek:l A.pr.sent.tiv. SYLVIA ROBLES Fi.1d R.pr'Hntltiv. MARIE TEETERS Fi.ld A,pr.,entltiv. Honorable Mayor Evlyn Wilcox City of San Bernardino City Hall 300 North "0" Street San Bernardino, CA 92418 Dear Mayor Wilcox, With regard to the proposed Bryn Mawr Sewer System Project, I wish to bring you up to date regarding our progress on this project. We have extensively explored both possibilities raised in your July 10, 1986 letter, hereto attached. The first possibility would in- volve the annexation of Bryn Mawr to the City of loma linda. This is not particularly favored by residents as indicated by an informal poll taken at a public meeting on September 17, 1986. Neither the County nor the City of loma linda wishes to force annexation. It is recognized, however, that annexation appears inevitable at some . future time considering the fact that Bryn Mawr is practically sur- rounded by loma linda. For the interim, therefore, we have pursued the second possibility which involves sewer service provisions for unincorporated Bryn Mawr. We have approached it along two lines resulting from recommendations in Herb Wessel's memo, hereto attached. The first is initiation of an improvement zone under County Service Area 70 to act as a service entity for the sewer system. Secondly, we presented our project and its improvement zone feature to the loma linda City Council and re- ceived a positive response as indicated in the February 17, 1987 let- ter from Bob Mitchell, hereto attached. We now have a means by which cooperation between the County and the City of lorna linda can be work- ed out. Needed now is an effort by the City of loma linda and the City of San Bernardino to amend the existing Joint Powers Agreement in such a way that it allows the Bryn Mawr sewer system to be served. Our ability to proceed any further is restrained until this issue is resolved. .53~ San Ilernlldino County GOVllnmant Contor . 3B5 NOIlh Arrowhoad Avonuo . San Bernardino. CA 92415-0110 . 171'1 383.2911 c Honorable Mayor Ev~ Wilcox April 14, 1987 Page Two o :) The Community Development Block Grant funds allocated to this project, except those used for the design phase which is nearly complete, are sitting idle while awaiting a go-ahead for the construction phase. It is critical that a decision to proceed be reached soon before HUD questions the viability of this prOject. Therefore, I request that you consider the request presented by Tom laurin's letter of January 20, 1987, in light of the progress shown in this present letter and its other enclosures. The time has come for a firm yes or no. If you need any further information please do not hesitate to call me at 387-4855. Thank you for your most thoughtful consideration in this matter. ~ BA RA CRAM RIO Supervi sor Thi rd Distri ct BCR:bc Enclosures , . . r CITY & LOMA LI~A .. ~).~ ,. if. . 11128 Ander,on 51. From the Olloce of Lom" Linda. Calolorn.a 92354. (7141 CITY MANAGER 796.253; "'0- ICl'H U'IH ~a. ..:....._. May 26, 1987 The Honorable Evlyn Wilcox Mayor of the City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Dear Mayor Wilcox: S~BJECT: SE~~RING OF BRYN MAWR N o This letter is in response to your inquiry which has been transmitted to IDe pertaining to this City's position in connection with the proposed sewering of Bryn Mawr and the transmission of the effluent from that community through the sewers of this City. The official position of the City is perhaps best articulated in the Minutes of the City Council meeting of January 27 under City Council item No. CC-87-Q16, and most specifically the adopted motion. A review of the se Mi nutes clearly i nd ica tes this Ci ty looks wi th favor on I' he con- s: rue I' ion of the Bryn Mawr sewer line provided tha I' certain condi I' ions are met as outlined. There has been no subsequent City Council action and 1 believe this qualifies as the current official city position. The CiI'Y is aware that several meetings have taken place concerning this proposal but we are unclear as to the outcome of such, except for those to which we have been a party. T~is City also at the present tirre has concern a~0ut our legal relatio~ s~.iF witl; your eit.)' and sewer capac.ity rights. A~ you kno_, ou:- sewage 1~ trea~cC: i:1 your City's _"2stewCiter treatUient p:'ant under pro\'i~ions of a jnir:.t pDwers agreement. This lirni:s Ui!' to our corporate bou~dar1es. T~ert'f:'lrc, tc.' ~:ten:. ~ervicl? tc- Bry:: ~1awr ...."ill reCjuire an c:.encmenc: in t:--;of (i~'i;-,i0L 0: our city a:tor:1e-y. :\s yo'.:. e:S':-' k:1o\o,', the City of San IH.:rr.c:'.:3'...." !.as es.tP.bli ~heG ;. sYStf'T:. CJf q~.locat. i:1;- ~e""i:r capacity through tt.-e f'..:r::ioE.!=-€ of rig~t~. The:re arl at the prt:'~ent ti~E: a linlitec number 0: ~'';:~ i:; :~ t~f..t r(:;"re~e;;t thl Tcpc.;tec li-;ritl!:'c capacity of t";;r. se..age t;t.a:~t-'~ ;'.,.;t. :-~i~ Ci:.y h3S a ]ir:,it~G ~u:r.~ci oi capacity rights a\'2i1..-;.1.:\.. :( it at the present tirn~. Tr.ereforct ca"acity righ:s for the BrY'1 ~~d",,'r oree ..-ill not he currently available e>icept fcoal your city. I: s'.-,.!" '.:': be note~ that durinf a re~('nt ro~e:inr of our City Council tl;:s sutji::~ ....-;:::$ brousht to thE' Rttention of the Ct:y Cou!'\,=il aid there ~as considerable discussion about whether or not a possible redevelopment Sl~tef C!:'\-ht~#a~lIpCi!. Kc.rr.i::aKc. i".Jlo ~I-LJ t-..)......... <0 = ..... :.: >- -< N CO !:?..., -< . --. Co .:..; ..... . en :..; ?": .', t:-o:'-.. ~. . f:: '~-: c.:.1-. -- S~.; ~ == - .. : t~..., w o o .:) The Honorable Evlyn Wilcox Kay 26, 1987 Page Two project might interface with the proposed Bryn Mawr sewer project. There is a possibility there may be some interface but the proposed project has aany hurdles before it becomes effective. We anticipate that to be no earlier than the end of this calendar year. In the event we do have approval and overcome the hurdles then, in that instance, there will be considerable delay before sufficient funds were available to have a positive impact upon this sewer assuming that the sewer lines are to be constructed by the County at an early date, as proposed. 1 trust that this clarifies our position on this matter and should you have any further question do not hesitate to contact me. , (-I Sincerely ..yo~~~.,. "...." ioo /,.-;.",.. .:'Y.~ ~.. #/",., .,/..t'-.6 /:';r ~.6; .~.. . . ~;1t . Mitchell City Manager JUt'!: mb cc: Mayor Digneo Mayor pro tem?ore Harrisou Councilman Koobs Councilman Meye!' Cou~cilcan Ls~~or. Sup~r.isor Rio!'C3r. Dir~ctor of Co~~~~it: Servi~es City Er.gine.er Dir~::or 0: Co~~~~ity Develo?rnenc ~t:l::: S~~.:c~! Su?erin~e~cer.: !ie~~ ~~~~~:lt Ct~eral ~a~aia~ of San Bernardino Water Dept. ,....... :.~~$~c.. s,,~. Ber"ardiu.o Co"ntl' Housing & Community Development E~ C5~~~O~~ 0~~i~~ c~ Spe~:sl Districts E:-:i: ~.r.:-:'_l:l~c. JC';'iuty Dire.::or. Housing & Community Development Ke" Fierc~, HO"Fi~ anc Cc::-,;unity Development Ray Scl~\...:i~=.;-;. City of S.::"l 5crnardino Administrator c ~ G 0 CITY OF LOMA LINDA 11128 Anderson St. Lama Linda. California 92354 . (714) 796-2531 From the OUice 01 : CITY MANAGER '""'\ - <>TV .. LOMA UND\ - February 17, 1987. Hr. Dave Larsen San Bernardino County Housing and COlIImunity Development 474 W. Fifth Street San Bernardino, CA 92415-0040 Dear Hr. Larsen: After considering the proposal for the Bryn Mawr Sewer System, I am pleased to relate the action taken by the City Council on January 27. 1987 as follows: MOTION BY KOOBS, SECONDED BY MEYER AND UNANIMOUSLY CARRIED TO ACCEPT THE FINDINGS OF FACT AND THE MATERIAL PRESENTED; TO FAVOR CONSTRUCTION"""OF THE BRYN MAWR SEWER LINE, USING TIlE LOKA LINDA SYSTEM; AND FURTHER THAT PRIOR TO THE CON- STRUCTION OF THE LINE THE ENGINEERED PLANS ARE TO BE APPROVED BY THE LOMA LINDA CITY ENGINEER; MEETINGS WITH THE BRYN MAWR RESIDENTS BE HELD TO EXPLAIN HOOK-UPS, .LOAN PRO- GRAMS, REHABILITATION LOANS, AND SUGGEST METHODS OF PRE- SERVING THEIR COKHUNITY IDENTITY; A TIME TABLE BE ESTAB- LISHED FOR POSSIBLE FUTURE ANNEXATION TO THE CITY OF LOMA LINDA. BY COMMON CONSENT, THE MEETINGS WERE REQUESTED TO BE CALLED AND CONDUCTED BY SUPERVISOR RIORDAN WITH ADEQUATE LOMA LINDA PARTICIPATION. In addition to the above, I am sure you will find it of interest that our City Attorney has advised it will be necessary to formally _end the Joint Powers Agreement between the cities of LOII\8 Linda snd San Bernardino to accomlllldate the proposal; i.e., adopting findings of fact is not adequate . to modify the Joint Powers Agreement. I _ further asking Supervisor Riordan to assist in naming cOlllmittee members as contemplated in the above action. Sister City-Manipal, Kamataka. India -0 o ...-. o J February 17, 1987 Page Two We are looking forward to a meeting with the residents and to working with you. Sincerely yours, ~~.~.~ L~'" -... -:/..:"~,1,/ .~ . ?'U~.,,". Robert R. Mitchell City Manager RRM:mb L ' , . ~ '" C C 0 0 C. I . , . '. CITY OF SAN BERNARDINO 300 NORTH "D" STREET. SAN BERNARDINO. CALIFORNIA 8241' (7141383-6133 , EVL VN WILCOX 'Moyer OFFICE 0' THE MAYOR . . July 10,' 1986 ~ \'.:. .'_. "".. ../ ~_:..._...---..I. Honorable Barbara Cram Riordan Supervisor - Third District County of San Bernardino 385.North Arrowhead Avenue ~an Bernardino, CA 92415-0110 Dear Supervisor Riordan: In response to your concern of providing sewer service to the Bryn Mawr area near Loma Linda, I submit the following cOlDlllents: I acknowledge that the City of San Bernardinots plant pre- sently provides service on a regional basis. By Agreements and Joint Powers Agreements, service is rendered to Loma Linda, East Valley Water District, Norton Air Force Base and others. The plant developed definite problems in the mid 70's and was placed under a "Cease and Desist" order by the Regional Water Quality Control Board. The Board of Water COlDlllissioners, who has juriSdiction over the plant, placed a moratorium on new services being approved in areas that were not under agree- ment to serve. Improvements have been made at the facility. CUrrently, the City wants to award a contract for a 12.6 million dollar construction program. The Water Board will soon award an additional contract for an aeration project. These two projects will certainly improve and expand the facility'S capability and reliability. /II , ~...-vl J). I .<~/'- 79C - ;;l~;:3 / " c" 0 0 c. :) c July 10, 1986 paqe 2 In review, I find that a 1965 Joint Powers Aqreement was entered into that was assiqned by the Loma Linda Sanitation District to the City of Loma Linda. The City of San Bernard- ino does not have sewer mains in the Bryn Mawr area. The Bryn Mawr area is within the sphere of influence of the City of Loma Linda. The present Joint Powers Aqreement prOhibits Loma Linda from providinq service outside its corporate limits. Loma Linda has not violated this covenant to this date. To receive sewer service, there appears to be two possibili- ties. The Bryn Mawr area could annex to the City of Lorna Linda as the first possibility. The second would be for the City of Loma Linda and the City of San Bernardino to both aqree to modify Section 8, paraqraph (b) of the existinq Aqreement. I have had no discussion with the representa- tives of Loma Linda concerninq this. You may wish to pursue the concept with the appropriate officials. Very truly yours, . " /./ 4-",.." ..- > i J /. /'. "_'/ ' ..;' I....,. ..'_ I ,....l " / {,_ ,._.~t.t.. . .. .I"'..-""'~ l.~' EVlyn WilCOX, Mayor EW/q '" . i,-' . '.j~ c : ~~.'.-1 ,-0:::><.;..:.0:! (:~.. -'" ~ . .-:. . ....~.. .-.~.;...,=/ .. :. -.. ~. .-. '. ~ ...., ....0....'" :) ..' . . : , I '..( .." January 14, 1987 Supervisor Riordan: For your information. Please refer to staff and expedite through the City of Loma Linda. {t..~ RALPH HERNANDEZ 5'-~l' ....c .. ; . '. ~ TO: FROM: SUBJECT: (. .. .::.. (, '. :> '. '" t'/lp..~... Gr".'...: " 1.2~" J'.I.~:...:.. . U.;.. (.. \. . .. 4J~ C..'i.f,..:.~..". " I ..1," ., 4 "'~' 1:.'1 :J , ~. .16' o o SAN BERNARDINO MUNICIPAL WATER DEPARTMENT '.,or-Oop."",,,'.' Cor,...,.."o.co January 14. 1987 Council~n Ralph Hernandez Third Ward - City of San Bernardino Herbert B. Wessel, General Manager REQUEST TO THE CITIES OF SAN BERNARDINO AND lOMA lINDA FOR CONCURRENCE ON ACTION NECESSARY TO AllOW THE TRANSMISSION AND TREATMENT OF EFFLUENT FROM THE PROPOSED BRYN MAWR SEWER SYSTEM I have reviewed the entire set of documentation concerning the above subject. including the letter from the County of San Bernardino. As a matter of protocol, subject letter should be addressed to the City of lama linda not the City of San Bernardino. Service to Bryn Mawr is a matter that must first be approved by the City of lama Linda. Bryn Mawr is in their city "sphere" not the "sphere" of the Ci ty of San Bernardino. I personally believe that the standstill, as referred to in Mr. laurin's letter, is due to non-annexation not due to existing agreements. However, the possi- bility of moving this matter from impasse was on the basis of developing Findings of Facts. The facts, as developed - numbered 1 thru 10. should be submitted to the City of loma linda. In the event that the City of loma linda would approve the findings and agree to render service, the findings and loma linda's approval should be presented to the Mayor and Common Council of San Bernardino to obtain their approval. With both cities approving the findings, no amendment to the Joint Powers Agreement should be necessary in my opinion. Both councils have approved the County to move ahead with subject project. I believe that I would be remiss if I did not point out that the County funds being proposed would accommodate the sewer capital items. Their estimated capital cost does not include the cost of sewer connection fees applicable to the City of Lorna Linda. The fee listed for this item in the 1985 report was $246 per connection; however, I do not know the 1987 charge. Their report also does not include the cost of sewer capacity rights which are currently at $2,660 per residence. I am certain that the above figure was not included within the available County funds and would be the responsi- bility of the individual owner. The owner should also be aware of what the monthly fee would be as this would be a monthly billing by the City of loma linda. 7t I'" . "0 . . . .,. ' , Counc 11 C. Ra 1 pOernandez January 14, 1987 Page 2 o c. :) In summary, it is my feeling that based upon approval of the Findings of Facts by lama Linda and the subsequent approval by the City of San Bernardino, the project could move forward and in fairness to the property owners involved they should be made aware of the two (2) cost items listed above in addition to the monthly charge which would be rendered by the City of lama Linda. In the remote event that this project does not move forward, I would certainly be willing to discuss with you an additional concept for these property owners. . ~;4fra,,4A..el.. Herbert . Wesse, eneral Manager HBW:prb c c ,,,- o 1853 0 ,~\\,I'II~e ~,~ """"-- - -::=-- . -==- ,.~ ~...... /11'1'11\\\~' County of San Bernardino , (. .... ~ THO~lAS R. LAURIN Dinc:tor ~l of HOUJioa IIld C, "'I)' ~ January 20, ENVIRONMENTAL PUBLIC WORKS AGENCY DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT .7. Wesl Fifth Slrcel San BcmardillO. CA 921U~ (714) 387 -4594 1987 Honorable Mayor Evlyn Wilcox City of San Bernardino City Hall 300 North "0" Street San Bernardino, CA 92401 RE: Request by San Bernardino County for concurrence on action necessary to allow trasmission and treatment of effluent from the proposed Bryn Mawr Sewer System Dear Mayor Wilcox: With regard to my January 16, 1987 letter, its finding of fact, and its attached report to you, I request a date on the next available City Council agenda for review and action on the above referenced item. Hopefully, it is ava 11 abl e for the City Counci 1 to agree to accommodate the needs of the proposed Bryn Mawr Sewer without written contract revisions because of the special circumstances established by the firiding of fact. This item is scheduled to be heard by the loma Linda City Council on January 27, ;1987, Please advise me of the date and time of the agenda. If any Questions or concerns arise, please call me at 387-4594 or Emil Marzullo at 387-4574. Sincerely, ENVIRONMENTAL PUBLIC WORKS AGENCY DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 4t CM..( ;2-c,-- C;/ THOMAS R. LAURIN DIRECTOR TRL:Dl:ls cc: Supervisor Barbara Cram Riordan Ray Schwei tzer San Bernardino City Council. "c 11153 .--... o '~\\II'II~~/ U ...~,. ~..... ~ t. :=- -==- '\ ..;:-. ......~.... ~, df'/'II\\\h County of San Bernardino :) " THOMAS R. LAURIN Diraclor Doponnwna or Housin. ad c-unily Drvelo_ ENVIRONMENTAL PUBUC WORKS AGENCY DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT .7. W.. Firth Street San BcrnardiDo. CA 9Zl1S~ January 16, 1987 - Honorable Mayor Evelyn Wilcox City of San Bernardino City Hall 300 North "0" Street San Bernardino, CA 92401 RE: Request to the Cities of San Bernardino and loma Linda for concurrence on action necessary to allow the transmission and treatment of effluent from the proposed Bryn Mawr sewer system. Dear Mayor Wilcox: In response to requests from residents of the Bryn Mawr Community, the County Board of Supervisors approved a 1984-85 Community Development Block Grant (CDBG) allocation for a feasibility study to solve a septic system failure/water quality problem. Among all of the alternatives considered 'by C.G. Engineering, Inc., the most cost-effective and reliable solution was found to be a sewer main extension to the existing loma linda sewer system" I Pursuant to study findings and the results of a house-to-house income survey conducted by County Department of Housing and Community Development (HCD), the Board of Supervisors approved an allocation of CDBG funds for the design and construction of the sewer system described by the C.G. Engineering study. County HCD has SUbsequently received environmental clearance for this project from the U.S. Department of Housing and Urban Development (HUD). The County Office of Special Districts has obtained a detailed design and engineering study from Wilson So and Associates. This project is currently at a standstill because existing agreements between the City of San Bernardino and the City of loma linda do not allow sewer service to areas outside of the loma linda city limits. The possibility of a Byrn ~~wr annexation into the City of loma Linda has been explored but is not presently favored by Bryn Mawr residents. One way around the impass is an action on the part of San Bernardino and loma Linda to recognize the unique needs of Bryn ~awr and the unique opportunity of grant resources being available to the community. . .0 o o :) January 16, 1987 Honorable Mayor Evelyn Wilcox Page Two To this end, the County of San Bernardino respectfully requests that the following facts be considered and that the Cities of San Bernardino and loma Unda find that these facts justify an amendment to existing regional sewer agreements to allow the connection of the proposed sewer system, thereby allowing the transfer of effluent from Bryn Mawr through the loma linda sewer system with ultimate treatment by the San Bernardino Regional Wastewater Treatment Plant. Facts: 1. 80% of Bryn Mawr households earn less than $11,000 per year. 2. 93% of Bryn Mawr households are low-and moderate-income households. 3. 70% of Bryn Mawr households inclUde disabled persons or persons 60 years of age or older 4. No major CDBG funded capital improvements other than waterlines and fire hydrants have been constructed in Bryn Mawr. 5. 52% of the existing on-site septic systems have minimum performance capability and most existing on-site systems are over 20 years old. Consequently, most existing systems are in of need upgrade or replacement in the near future in order to adequately meet state minimum standards for water quality. 6. The existing land division pattern in Bryn Mawr ~onsists mainly of undersized parcels formed many years ago by the benevolent gesture of a citrus ranch owner to provide laborers with title to the plots of land ~hey were occupying. 7. There are 57 single family residential units in Bryn Mawr. 8. Development of all parcels in Bryn Mawr would produce a sewage flow of 0.15 cubic feet per second, which is a relatively insignificant voluce. . 9. The sewer system is designed to service Bryn Mawr only and will not be positioned or sized to extend service to any other neighboring area. 10. An improvement zone specifically covering sewer service in Bryn ~~wr will be established as CSA 70 S-8. It will provide a means for the County to provide on-going administrative cooperation with the City of loma U nda . The attached appendix provides source references and additional backgrourd information for the facts stated above. . f< C o o :) January 16, 1987 Honorable Mayor Evelyn Wilcox Page Three The County of San Bernardino asserts that the proposed improvements will meet existing and future community health and safety needs. The sewer system investment .will encourage and provide for upgrading substandard physical conditions in the Community. It will provide a corrective action to service a .pocket of poverty. that was overlooked when the current Regional Sewer Agreements were written. If you have any questions or require further information, please call me at (714) 387-4594 or Emil Marzullo at (714) 387-4574. Thank you. Sincerely, ENVIRONMENTAL PUBLIC WORKS AGENCY DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT Vh~,R, 1~- - THOMAS R. lAUR m Di rector Tl:bjj Attachments cc: Supervisor Barbara Cram Riordan Ray Schweitzer San Bernaridno City Council . "C ,. , o o :) REPORT ON SANITARY STUDY OF THE BRYN MAWR AREA 1. Introduction Bryn Mawr is an unincorporated area located between the cities of Lorna Linda and Redlands bordering the San Timoteo creek and north of the Southern Pacific Railroad tracks. A survey was conducted on December 2, 1986 of the of the on-site sewage disposal systems used in this area. This report is the summary and a brief characterization of area. 2. Sanitary Survey Housing density is shown in Figure 2 and further detail is presented in the parcel maps (Figures A-l to A-4) in Appendix A. There are 121 parcels in the Bryn Mawr area which are listed in the parcel report (Table A-l). The Bryn Mawr Mailing List (Table A-2) was used in the survey to locate homes and home owners. The survey was conducted on December 2, 1986 and involved three areas of housing concentrations shown in Figure 2. The results of the survey are ~ummarized in Table 1. Fifty homes were visited with 52' of the homes utilizing outmoded cesspools which are not currently allowed for installation by the San Bernardino County Code. These minimum performance systems have problems because they are about 20 to 30 years old, usually have inadequate maintenance, and many are in need of repair. The remaining systems are reported to be mainly septic tanks with leach lines (38%) which are mostly 20 years or more old. There is one (2') privy which is not allowed by County standards and four (8') systems are undetermined since the homes were vacant. In the survey interviews, most of the systems were reported to be functioning satisfactorily. Only 3 (6') homeowners reported problems with their sewage disposal systems. As a check, septic system pumping records for the Bryn Mawr area, listed in Table 2, were reviewed and indicated that three septic systems (6') had been pumped multiple times indicating probable failures. 3. Area Study Review was made of the data on the Bryn Mawr area soil char- acteristics and indicates that the soil type is San Emigdio sandy loam (Figure 3) which is generally adequate and should provide enough soil filter ing to protect the ground water. The soil surface in the Bryn Mawr area is nearly level to moderately sloping (2 to 9 percent slopes) and its composition is San Emigdio fine to gravelly sandy loam, as shown in Figures B-l and B-2 and Tables B-1 and B-2 of Appendix B. .' r ""-' f o o :) The elevation of the area is shown in Figure 2 and ranges from 1150 to 1202 feet above sea level. The ground water level varies between 75 feet and 150 feet. A creek borders the area and the Santa Ana river wash is only about 3 miles distant. There are four agricultural wells belonging to the Bryn Mawr Mutual Water Company within the study area. The presence of the marginal sewage disposal systems may be of concern should nearby systems fail and create a pollution hazard to one or more of these wells. Further, the presence of these wells and San Timoteo Creek may cause problems with regard to future expansion or replacement of septic systems for some of the existing homes due to required setbacks in San Bernardino County Code. Should a failing system be found to not be legally repairable, then the home must use a sewage holding tank, which can be prohibitively expensive due to pumping costs, or abandon. 4. Analysis Survey results indicate that 52' of the existing on site sewage disposal systems (cesspools) have minimum perfor- mance capability and that most existing on site systems are over 20 years old. This means that most existing systems are in need of upgrading or replacement in the future in order to adequately meet state minimum standards for water quality. 5. Recommendation .. Extend sewerlines to serve the Bryn Mawr community, or .. As required, upgrade or replace existing sewage dis- posal systems with more modern and approved systems such as a septic tank with leach lines. .\' r' . -- ~ < == ~ z ~ = == ~ ... U) '" ~ ..:I = ::> is U) '" == >- '" > == ::> U) ~ < f-o ... ~ U) r o c 0 ....N '" '" 0 GO 0 ... ... .... = ... 0 ... C . ... 0 Z .... GO 0 ." '^ 0 ... Z OIl eN 0 0 0 0 0 .... :. 0 ... .. ... E ... ~ ~ ... > 0 .. OZ 0 0 0 0 0 >> III ... 0 C 0 .... U .... .... .... "'N N ." 0 0 '" " a c 0 CI U ... ... . o 0 "'Z ... N 0 0 .... "" >> ... ON 0 N N 0 ." ... .... .... '" U III -- ... .. .... . ... 0 '^ '" ... 0 N III Z ... ... .... U) N GO N N GO 0 II .... '^ 0 ~ .. ... ...... ...... >>eo '" '" ... ." 0 U)::>Z ... N '^ JIl e II ... f-o ... ... III 0 e " ~ .. II u 0 ~ ... 0Il0~ .... C. >> 0 II c.... ... .. > e f-o ~ .. u: c. .. .... JIl ....>> U ~ ... e U)QU) U) u :. ::> o :) " '~c . f c o ........ - TABLE 2 SEPTIC PL'MPINGS IN BRYN MAWR AREA . ------ . .-- .- Address Pumping (gals) Pumper Service Date 1. *26339 First Street 1510 A-l Septic 1-27-86 i II II II 1500 " " 6-20-86 . , i '2. 11006 Iowa St. 1510 " " 5-23-86 1 . 13. *32300 San Timoteo Canyon 1700 Patrick 7-16-86 i I I " " " " 1700 " 9-16-86 I *31751 San Timoteo Canyon 1700 " 3-21-86 4. " " " " 1700 " 8-19-86 5. 34250 San Timoteo Canyon 1700 " 8-26-86 .. ( 23384 First St. 1700 " 3-28-86 . ~: * Failing System - Sewage disposal system is considered failing. if system requires pumping more than once per year. " <.. . ,I ".l"\ '. 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'!. ~ '-'\ ..: ~ . . .... .,..:; ....., ~O: ~ 1_'" . ! ~ " e... . . .. " . V . ~ "Cl,r.i "'" l::~ . V VJ .. .. " -.oJ ~;:';. .. ~r-: - t "". ., , C " .:;J.J' ., '7 Ie,",,, . . ...... " ,. ;; .. ~ ~~~"'~f-M""~ n ~ '"". '~ "- ., ~ ~: .I~ ....., ~ ~ ;; ~ ~ .;- to C).. "'t:'~ , . " l._t":~ ......... ~C . . ,"\'(;!\f: 2 Or~ ~lA"'R STUDY AO . :) " ,'.'.' ..-....... -. I I I I D I I I I I // /' / //' / / / ,<>0 \: ./' ( l . '( , -- .~ . ....:-~ t.J S . ~ ... ;! ~ - I~ =- I · '" t " '- }... '. .... .0 ~ ,'. -. . .::._ ,"c, :,;: ~~,:~i", , - - '-,,~.... """,,,", -... ~~, &,.-,. . ;~,.U' ~....-. I;:' :.~ I ...~":t't.~' ""-- ..;.. . .,. _Of.. ...:.tt',J FIGURE 3 ,,~ .. \ ~.~':'-: "_.':'~:'- <t.... ........ .:- /".0:.':" - .....-.....- ;_ .: ~ .:~_ 5.~~t'. ',.Q o o .~ APPENDIX A SANITARY SURVEY DATA FOR BRYN ~WR " :!.CJ -:) FIGURE A-I PARCEL .MAP - I ' . ~- . :.. - C ..," _0 .U a. Q, 00 OCl. C ~. ~ .. (\10 .fIt Ch c: ~^" .. vt"'''. .: .. III .~ .. 0 C t q~~ J ',1 - .. 0" , .....'U I': . .... . 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'" N ... ::> ... i ..H::IIlJ./UM II / _.::: o ~-;-9 , ~).~ .r. . 1 ~ . 2: ~'ide'son St Lorna Linda Caltforn1a 9235l . 17~ -'I From ,",e Office of: CITY MANAGER ;rf~ 796-253", o 0 CITY OF LOMA LINDA :-"0' LO\H L1'1i[).\ ~". . ~,,,,..... May 26, 1987 The Honorable Evlyn Wilcox Mayor of the City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 <:3 :>:J = m ..... CO) -~." ? 3:::- -< I N > ..... c X .." - =;:; :r: - 0 " -ry '" :'l 8 Dear Mayor Wilcox: SUBJECT: SEWERING OF BRYN MAWR This letter is in response to your inquiry which has been transmitted to me pertaining to this City's position in connection wi th the proposed sewering of Bryn Mawr and the transmission of the effluent from that community through the sewers of this City. The official position of the City is perhaps best articulated in the Minutes of the City Council meeting of January 27 under City Council item No. CC-87-0l6, and most specifically the adopted motion. A review of these Minutes clearly indicates this City looks with favor on the con- struction of the Bryn Mawr sewer line provided that certain conditions are met as outlined. There has been no subsequent City Council action and I believe this qualifies as the current official city position. The City is aware that several meetings have taken place concerning this proposal but we are unclear as to the outCOlhe of such, except for those to which we have been a party. This City also at the present time has cone err. about our legal rela:ion- ship wit.h your City and sewer capac.ity Tig.'n~s. As you kno\t:, our sewage is tr~ated in your City's wastewater treCit:-:.e7"'.t plant under proYisions of a joint powers agreement. . This limits UE to our corporate boundaries. Therefore, to extend service to Bryn M.a~.r \o-:ll require an aItendment i~ thE: pinion of our city attorney. As YOli also kno\rJ, the City of Sar. Be rii:::.rdi no has establi shed a system of a! lc!:_at ing sewer capaci ty through the il~Jrrhas€ of rights. There are at the present time a limited ~~~beT of ~'.j'::: rights t1-.at TI;:;,resent the reported limited capacity of :hE: s-:wagE: tre3t.r:,-:;:,: p:ant. T~is City has a lirr..itea ;1umber of ::ap;"c:.ty !"i~~I:f a\.'a:l~::1e to it at the present time. TherE-.fore, capacity ~jgh':E :0:" t~1E: Bryn ~a""'r area will not be currently available except froT your c1 ty. It shc)>Jld also be noted that during c: Ter:E:n~ meetinf: oi c'J.r City C::-'c:n,:il this subjt-'ct was brought to the atten~icr. (.f the City Cou!"":cil anc there was considerable dis~ussion about whether or not 2 possible reoEve:0rillent '-- '" 'r' ,""',t., _Pl."=-~lr"';::': ,..;,"'.;;"'_;,,.,:: ;",'~,::: C?\ . c o ."....." .~# J The Honorable Evlyn Wilcox May 26, 1987 Page Two project might interface with the proposed Bryn Mawr sewer project. There is a possibility there may be some interface but the proposed project has many hurdles before it becomes effective. We anticipate that to be no earlier than the end of this calendar year. In the event we do have approval and overcome the hurdles then, in that instance, there will be considerable delay before sufficient funds were available to have a positive impact upon this sewer assuming that the sewer lines are to be constructed by the County at an early date, as proposed. I trust that this clarifies our position on this matter and should you have any further question do not hesitate to contact me. r> 5i ncerely yours, _, ',., /..... y., .... "..' ; //,,"/ ~~;h-":'~/ ~/J /,' .' ~~' /a ,ert Mitchell City ":anager RR.'1: mb cc: "'layor Dig~leo Mayor pre ~t-iI.pore Harrison Coun~i ~~a':: 1(oobs Cour..::ilt"~~ ~eyer Coun~i;:7.":;i ".-s.wson Super~~~0r Riordan D.....rc..:::..: ,~,:f: ':J~t:1unity Service~ Ci ty Er.f.: ;-,.;-er Dir~ctcr 0f C0~rnunity Deve:cr=~~t Utili:; Services Su?e~i~t~~c€~: Herb ~~~se:l, (.~~eral ~a~n:er 0: S~r. - . . Do::~r.;.r.:l~: "~ . 1':'. .;:......- -'-- .., 'Ja\"e '~.>'.'~e':".. Sar. B'2r~;arc.i!'!(' C:-,'.::-.:y E':':':S::if & =:.. :'-c;....::: c>;,rrf- r:: Ec .. .:", ::..::. (' € 0: S:'IE C ~ ;:t: ~: ~ t r i ~ :: c: f.::':".i: \ .':\.:::0, :....ruty Ji:-t"".:(I:'. :....";~.::.~ [:Y..- KE':'. ':-::-:E, h:'.l..!si:1g and Co:-."'7i;J:~~:Y :':::';"':0~::''='7i': -'",6'; . ...,,~:;':'.:~r. City of ::.F.:": -:.t":-:':2r.~:.:"', _':".::--:..:"'i~:.":~.: . ... ~ ~ .. . - .. .':...... ..':....- . c . . , e "-, '- o " . - CITY ~ LOIIA LINllA CITY COUNCIL MINUTES REGULAR MEETING OF JANUARY 27, 1987 The regular _ettlll of the City Council of the City of Lou. Linda wa. called to order by Mayor DilDeo, Tueitday, January 27. 1987, at 4: 34 p .ID. in the City CouacU Chambera, 11128 AndersOD Street. Lou Linda, California. COUNCILMEN PRESENT: HA YOR ELMER J. 01 GNEO HAYCll PRO TEMPORE T. MILFORD IWUlISON NOIL'lAII R. HEYER ARDYCE B. IWOBS CA1UlOLL M. LAWSON COUNCILMEN ABSENT: NONE OTHERS PRESENT: CITY IlANAGER ROBERT R. MITCHELL CITY ATTORNEY EUGENE A. DEMCHUK The invocation and pledle of alleiiance wal led by Mayor Dl&neo. CC-87-01S - APPROVAL or KINUTBS. BY C~ON CONSENT, THE KlNllrES OF JANUARY 13 WERE APPROVEO AS PRESEh'TED. * * * * * * Mayor D180eo aODoWlced that ODe of the items to be considered on the Agenda pertainld to the City'. policy pert.toins to the provisions in the amendment. to the Ilalph M. Brown Act; and therefore. public 1 nput would be taken on aaenda 1tema at thh tl'IDe, with the exception of public: hearings, Which teat!mony would be taken at the time the item was heard. H~ then requested public c~ment. Dr. Reinhold Trupp, 11441 Anderson Street, cOUl:nented pertaini~ to the 8!flendmenu to the RAlph M. Browe Act and requested c.larific8tior: as to ....~,Hher every item vas subject to public c.;xn::.ent. inducing thOH items listed on the consent calendar. 'f;t :urthe.r pr0posec thE rt-so:ution ...dert i ng Ci ty CClune 11 pol ic)' ir;ace:j,uaaly kdCH-SEed that issue. The City Attorney confirmed the rules a6 ?r()po~ed in thE- resolutior. ....i-re appropr fate. ~o other public co~ment was given. S<:BUlULED AIlD Ut.ATE!l ITEMS. CC-87-016 - PUSDTAfiOll U SAIl UIllAlDIJIO <XlUWTY D&l'T. or BOOSIIIC AJID CXlIlllJllITr DBVBLOI'Imft U RYII J1A1& 11_ suncz STUDY. Mr. Dave Larsen, San Bernardino County Houst n.g and C'Dmunity DevelopUlE'nt ~et'art:nentt 8ddr~ssed the eit)' Council dnd s'lggested, on behalf of County staff, the most effective way to deal with the effluent ?roblems vithin the Bryn "'.avr area ....a& the construction of a se\o1er syst~m to connect to the ~ewer system of Loma Linda for tr8r:s~ission of effluent to San Bern...rdino for treatment. He further srated funds totaling S~o7.0)O ~~re avat:able for construction. Mr. Larsen then introduced Mr. Ed Cameron, Office of Special Districts; Emil Marzullo, ~puty Director of the ne~rtment of Housing and Community Develo'pQenti and Ken Pierce, Rousing and Community Development, who ....ere available to respond to question.. , . c o CITY COUNCIL MINUTES Jonuary 27, 1987 Poao Two o r' . -, . . Mr. Lar..n then Doted tbe project'. ..rvice dl.trlct would be chaDsed froe CIA 70 to CSA 10, and further reque.ted that ..endllent be made to the provlalonl of the Joint pover. Aareement with San lernardlno in order to .erve the Irya Mawr aewer .ysta II propo.ed and al.o that the City enter into &11 Asreement with the County pertain!. to .ervlc:e and maintenance of .ubject line. Dileua.ioD enaued pert.1aine to the luney re.ulta, the infrastructure I:"' plan, pO.libl. InnexatioD aDd project .tandard.. The City Engineer al.o . re.ponded to que.tionl. Addrel.lD1 the queltion of annexation, Koob. IUlselted offerlna the resideau of the Bryn M8vr area tbe opportunity to form aD advlaory group ao that land UI. decisions about that area would ." be reviewed by them to preserve the identity of the area. The City Kanaaer indicated that aUI.e.tioD bad beeD transmitted to Superviaor RiordaD'. office aad bad received a positive respon.e, althoush he had DO knowledge of . group beina fo~ed for that purpoae. Mr. EmU Marzullo, 1D reapoDse to que5tions, indicated funds were avail- able for rehabUitatioD of owner-occupied units which 1Ht . certain cri- teria for low to lIoderate incc:ae hOU8ina, and that also 8 grant program for thOle unable to contribute val allO available. II)'fION IY ICOOIS, SECONDED IY MEYER AND UNANIMOUSLY CARIlIED TO ACCEPT TIlE FINDINGS OF FACT AND TIlE MATERIAL PRESENTED; TO FAVOR CONSTllUCTION OF THE BRYN MAWR SEWER LINE, USING THE LCMA LINDA SYSTEM; AND FURTHER THAI PRIOR TO TIlE CONSTRUCTION or THE LINE TIiE ENGINEERED PLANS AIlE TO IE APPROVED BY THE LOMA LINDA CITY ENGINEER; MEETINGS IIITH THE BRYN IW/R RESIDENTS IE HELD TO EXPLAIN HOOI(-UPS. LOAK PROGRAllS, REIlAIlILITATION LOANS, AND SUGGEST IlETHODS OF PRESER\'lNG THEIR CO>l!1UNITY IDEN'TITY; A TIME TUIL BE ESTABLISHED FOIl POSSIBIL FUTURE ANNEXATION TO THE CITY OF LOKA LISDA. .~ COHHON cONSENT, THE MEETlt\GS t..'ERE R~Q!..o"E~TED TO BE C....LLEO AND CONDUCTED BY SUPER\"lSOR RIORDA~ _IT'd ADEQUATE LOMA Ll~DA PAR- TICIPATION. PUBLIC BEARINGS. C(-87-017 - CODRCtL BILL 10-86-15.3 - A!':Er-;~l..:.'\;. t.:'M~:~ Sl~~~ i~r:~m~~ frou: January 13). The public 'h~aring waE ("'T,,:-:,e= ene the Din.c.tor of :-,'::;-:';J::~':Y :,,=vf'l"j':i..H.t reviewed thE prvpoSeci Ordi:-,ance, s:ugf'e~tinb th~ ~ii:<l~ h.;.::~.r.:!' c;s;c..atec for the ('oQlD~rcial :tone a:sc. be desiindted for thE: instiru:ior:al z.)ne so .a to aid the institutions in identify1na various areu and dirt>ctlng , vI51tor.. He further suggested digital message boards be inclu~ed 1n the _". de5criptioD of flaahins and animated lianl; changeable copy be prohibited . with the exception being approved digital message board! or changeable copy be allowed provided the changeable copy was only a ct!rl8in portion of the pen:anent sIgn. Mr. Chrl. Bos1dnd, representina Lama Linda University ~ed1cal Center, comIDented pertainina to . campus-wide signage program whereby area ,.dde, IDultl-use directional signs would be utilized and recOlDm~nded sign height be determined by parcel frontage foot. He also recOlDIDended a combination of wall mounted and directional identification signs be permitted and that directional lign. be pel'1litted at the closest point to present the most clear direction. ~o other public testimony was offered and the public hearing was closed.