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· CI1C OF SAN BERNARDICO - REQUQ FOR COUNCltiC~N
From:
JAMES ROBBINS,
Deputy City A~~inistrator -
Administrative Services
Subject:
Request for reimbursement - sewer
capacity rights -- Triple "H"
Ranch Homes - Ernest Holmes
Dept:
Date: September 25, 1987
Synopsis of Previous Council action:
9/8/87 - Request for public hearing re: reimbursement sewer capacity
rights set for public hearing 9/21/87.
9/21/87 - Item continued to October 5, 1987.
Recommended motion:
That the request by Ernest Holmes, Triple "H" Ranch Homes,
for reimbursement of fees paid for sewer capacity rights in
connection with Tract *l3296 be denied.
/J
Signature
Contact perlon:
JAMES ROBBINS
Phone:
5123
Supporting data atteched:
YES
Ward:
6
FUNDING REQUIREMENTS:
Amount:
Source: (ACCT, NO,)
(ACCT. DESCRIPTION)
Finance:
Council Notes:
15.0212
Agenda Item No. ~ J:
&trv OF SAN BERNA~INO - REQ~ST FOR COUNCIL ~TIO~
STAFF REPORT
This staff report identifies the issues that are specific as
noted in Mr. Holmes' letter of July 6, 1987. An analysis of
each issue is provided followed by alternatives to consider
for decision making. The first issue Mr. Holmes raises is
the purchase of sewer capacity rights at different prices.
The price July 7, 1986 when he purchased 5 rights was $1,620
each. The 15 he purchased on May 15, 1987 was $2,260 each.
The difference in cost is $640 per unit or $9,600 for l5
units.
The second issue is whether or not "the City put a
the project that was illegal creating a delay to the
The inference is the City-caused delay resulted
developer paying a higher price for capacity rights.
The analysis of the first issue is as follows:
hold on
project.
in the
On May 6, 1986 the tentative map was approved
subject to conditions and standard requirements at
the Planning Commission meeting.
On June 10, 1986, the Notice of Determination was
filed with the County Clerk. (Based on the filing
of the Notice, the developer could purchase capa-
city rights equal to the number of lots in the
tentative map.)
On July 7, 1986, 5 units Of capacity were pur-
chased, three for Tract 13296 and two for Parcel
10104. There is no record indicating why Mr.
Holmes chose to only purchase five units. He could
have purchased all eighteen plus the two for a
total of twenty. The decision not to purchase the
other fifteen units was Mr. Holmes'. There is no
record indicating any hold or withholding of
capacity certificates.
Conclusion:
On July 7,
only 5 of
buy as a
approval.
1986, Mr. Holmes made a decision to buy
20 capacity certificates that he could
result of the Planning Department's
The analysis of the second issue is as follows:
Mr. Holmes made a decision not to purchase 15 units
of capacity July 7, 1986. At anytime between July
7, 1986 and the actual date of purchase, May 15,
1987, Mr. Holmes could have purchased the 15 units
of capacity. If the project did not proceed i.e.
recording of the final map, the 15 units could have
75-0264
,"""..
been sold b~ to the City.()
..J
'-
Mr. Holmes thoughts and actions were not directed
by Mayor and Council. His perception of Council
action or inaction was his alone and the decisions
made by him were his to make.
Conclusion:
The City
action on
rights.
Alternatives to consider:
did not put a hold or take an
Mr. Holmes' right to purchase
illegal
capacity
1. Deny Mr. Holmes' request for payment in the amount
of $9,600.
2. continue the item to the next Council Meeting and
give staff specific guidance on additional
materials required.
3.
Grant Mr. Holmes' request authorizing
the amount of $9,600 payable from
Capacity Rights account.
payment in
the Sewer
JR/md
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C I T Y
/' ...-.".....
V ~
o F SAN B ERN A R D
INTEROFFICE MEMORANDUM
8709-2115
I . 0 ,elo~
:1EC'D.-ADMIN. OF'
TO:
,"[ SEP ?3'
Raymond D. Schweitzer, City Administrator
FROM: R. Ann Siracusa, Director of Planning
SUBJECT: Tentative Tract No. 13296 - 18 Lot Subdivision East
of Pennsylvania Avenue and North of Baseline Street
DATE:
September 22, 1987
(7205)
COPIES:
----------------------------------------------~.....
After the September 8, 1987 Council meeting, you requested
that Planning research this project. There must be something
we don't have in our files because there is nothing of
particular significance regarding Tract No. 13296
1. The application was filed with the Planning Department
on April 1, 1986.
2. On April 17, 1986 a Negative Declaration was recommended
by the Environmental Review Committee at their regularly
scheduled meeting.
3. On May 6, 1986 the tentative map was approved subject to
conditions and standard requirements at the Planning
Commission meeting.
4. On June 10, 1986 the Notice of Determination was filed
with the County Clerk.
5. Staff found no record of a previous
or parcel map. (If we had a number
find something in the archives.)
r':v-/
R. Ai} SIRACUSA
Dire~or of Planning
lot line adjustment
we might be able to
mkf
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COUNCIL MEMBER ESTRADA EXCUSED
Council Member Estrada left the Council ~eeting.
/01 '
RESDLUTION OF THE CITY OF SAN BERNARDINO
APPROVING THE FINAL ~AP FOR SUBDIVISION
TRACT NO. 13296, LOCATED ON THE SOUTH-
EASTENLY CORNER OF HOME AVENUE AND
PENNSYLVANIA AVENUE, ACCEPTING THE PUBLIC
DEDICAT[ONS .-\5 SET fOH'fH ON SAID MAP; A.ND
AUTHORIZING EXECUTION OF THE STANDARD FORM
OF AGREEMENT fOR THE IMPROVEMENTS IN SAID
SUBDIVISION, WITH TIME FOR PERFORMANCE
SPECIFIED.
(27 )
Roger Harugrdve, Director of Public Works/City
Engineer, answered questions regarding other work per-
formed by the developer.
~ouncil Member Frazier made a ~otion, seconded by
Co~ncll Mem~er Hernandez and unanimously carried, that
sald resolutlOn be continued to the Regular Meetlng of tIle
Mayor and Common ~ouncil to be held on August 4, 1.986, in
ord~r to confer ~lth the developer. 1/~86
P;l-()
RESOLUTION OF THE CITY OF ShN BERNARDINO
APPROVING THE FINAL MAP FOR SUBDIVISION
TRACT NO. 13296, LOCATED ON THE SOUTH-
EASTERLY CORNER OF HOME AVENUE AND PENNSYL-
VANIA AVENUE, ACCEPTING THE PUBLIC DEDIC~-
TIONS AS SET FORTH ON SAID MAP: AND AUTHOR-
IZING EXECUTION OF THE STANDARD FORM OF
AGREEMENT FOR THE IMPROVEMENTS IN SAID
SUllDIVISION, WITH TIME FOR PERFORMANCE
SPECIFIED, (Continued from July 21, 1986)
(23)
1> ?, I
council Member Frazier made a motion, seconded by
Council MemQer Reilly and unanimously carried, that said
resolution be continued to Monday, August 18, 1986, in the
Council Chambers of City Hall, 300 North "0" street, San
Bernardino, California.
RESOLUTIUN OF 'rHE CIrY 0,' SAN Bl::RNARUINO
APPROVING THE FINAL MAP FOR SUBDIVISION
TRACT NO. 1329u, LOCATED ON THE SOUTH-
EASTERLY CORNER OF HOME AVENUE AND PENN-
SYLVANIA AIIENUE, ACCEPTING THE PUBLIC
DEDICATIONS AS SET FORTH ON SAID MAP, AND
AUTHORIZING EXECUTION of THl:: STM;D~RD FORM
OF AGREEMENT FOR THE IMPROVEMENTS IN SAID
SUBDIVISION, WITH TIME FOR PERFO~1ANCE
SPECIFIED. (Continued from August 4, 1986)' (32)
.8/4/8';
City Clerk Clark read the title of the resolution.
Council Member Frazier made a motion, seconded by
Council Reilly and unanimously carried, that further reading
of the resolution be waived, and that said resolution be
continued to September ~, 19~6.
PARCEL MAP 10104 - REQUEST FOR DISCUSSION BY
('0 P~~NING COMMISSION - PENNSYLVMIIA AVENUE, NORTH
\ "I Y OF 8ASE LINl:: STREET
1\1 \Y In a memorandum dated August ll, 1981.1, Planning
ON Director Schuma stated the concerns of the Planning Commis-
sion regardiny: Parcel Map lOlU4, and tneir request for th~
Mayor and Common Council to discuss the matter. (62)
Council Memoer Frazier made a motion, seconded by
Council Member Reilly and unanimously carried, that discus-
sion of Parcel Map lU104 be con~inued to September 8, 19~ti.
8/18/86
c...
,
r Iq PARCEL MAP 10104 - REQUEST FOR DISCUSSION BY
IJ~O PL~INING COMMISSION - PENNSYLV~~IA AV~NU~, NORTH
OF BASE LIN~ STREET - CONTINUED FROM AUGUST 18, 1986
I This is the time and place continued to consideration
I ~ of the request by the Planning Commission for discussion
-- FT1t I "t on parpcleanln~anP9 DlU,1rOe4ct' or (58)
~,\ . Schuma gave the bacKground on the
dlScuss~on on Parcel Map 10104 and recommended that the
report be received and filed.
an..J
COUNCI1.
Council
tooK his
,- -'"
M~~R ~",R"S RJ::rURNED '-'"
Member Marks returned to the Council Table
place at the Council Table.
.-." "
A discussion ensued regarding whether or not soil
impaction tests_ had been completed on this location.
Assistant City Attorney Sabourin answerea questions.
Plannin'g Director Schwna answered questions. stating
tnat tnis is simj;lly a report from the Planning Corrunission
advising the Counc~l of some of the complaints that were
received by au joining property owners. The actual appli-
cation of Parcel Map 10104 was an action that was tabled
by the Commission until such time as the other problems of
the adjoining tract had been resolved and until that reso-
lution has taKen place, the Commission will not act on
either the approval or denial of that ?arcel Map. Their
action was "no action", or tabling, which complied with
the spirit and intent of the law.
City Administrator Schweitzer ans~ered questions.
CITY ATTORNEY PRINCE ARRIVED
At 2: 13 p.m., City Attorney Prince
Council Meeting and replaced Assistant
Sabourin.
arrived at the
City Attorney
Planning Director Schuma explained that two permits
had been issued in error, but one had been revoked, so
tnat matter was corrected.
Council Member Frazier mdde a motion, seconded by
Council :-lember Reilly and unanimously carried, that the
request from the Planning Co~nission to discuss Parcel Xap
No. 10104 be continued to October 20. 1986, in the Council
Chambers of City Hall, 300 Horth "0" Street, San 3ernar-
dine, California, to determine if soil tests have been 9/a/~Q
completed.
p,(
RESOLUTION OF THE CI'fY OF SAN BERNAR~INO
A~PROVI~G THE ~I~AL MAP FOR SUBDIVISION
TRACT NO. 13296, LOCATED ON THE SOUTH-
EAST8RLY CORNER OF HOME AV8~UE ANU PEAN-
SYLVANIA AVENUE, ACCEPTING 'fHE PUBLIC
D8DICh'fIONS A:3 St::T FORrH ON SAID MhP; AND
AUTHORIZING EXECU'fION OF THE STANDARD FOR.'"!.
OF AGRI::t:MENT FOR TAE IMPROVEHJ::':L>ll'S Id' SI-\IO
SUBDIVISION, WITH TIME FOR PERFORMANCE
SPECIFIED. (Continued from August 18, 1986)
(]J)
City Clerk Clark read the title of the reSOlution.
Council Member Strickler rnd~e a motion, seconde,j by
Council :"'Iember Estrada and unanimously carried, that fur-
ther readin~ of tile resolution be waiv~d, and that the
resolution concerning the final l7lap for Sllbdivision Tract
:~e. l.Ll9v, be tabled.
gj'J j~o
C P/9
P~6
RESOLUTION OFAHE CITY OF S,... BERNARDINO
APPROVINGTH1l.,../INAL MAP FO~,'SUBDIVI S ION
TRACT NO, 13296, LOCATED ON THE EAST SIDE
OF PENNSYLVANIA AVENUE, APPROXIMATELY 506
FEET NORTH OF BASELINE ST.; ACCEPTING THE
PUBLIC DEDICATIONS AS SET FORTH ON SAID
MAP; AND AUTHORIZING THE EXECUTION OF THE
STANDARD FORM OF AGREEMENT FOR THE IMPROVE-
MENTS IN SAID SUBDIVISION, WITH TIME POR
PERFORMANCE SPECIFIED. (S-3)
.)
Council Member Frazier made a motion, seconded by
Council Member Quiel and unanimously carried, that said
resolution be continued to the afternoon session. (See
page 26)
4/21J/87
RES. 87-133 - RESOLUTION OF THE CITY OF SAN
BERNARDINO APPROVING THE FINAL MAP FOR
SUBDIVISION TRACT NO. 13296, LOCATED ON THE
EAST SIDE OF PENNSYLVANIA AVENUE, APPROXI-
MATELY 51J6 FEET NORTH OF BASELINE ST.;
ACCEPTING THE PUBLIC DEDICATIONS AS SET
FORTH ON SAID MAP; AND AUTHORIZING THE
EXECUTION OF THE STANDARD FORM OF AGREEMENT
FOR THE IMPROVEMENTS IN SAID SUBDIVISION,
WITH TIME FOR PERFORMANCE SPECIFIED. (S-3)
(Continued from earlier in the meeting.
See page 19)
City Clerk Clark read the title of the resolution.
Council Member Frazier made a motion, seconded by
Council Member Strickler and unanimously carried, that
further reading of the resolution be waived and said reso-
lution be adopted.
Resolution No. 87-133 was adopted by the following
vote: Ayes: Council Members Estrada, Reilly, Flores,
Maudsley, Quiel, Frazier, Strickler. Noes: None. Ab-
sent: None
4/20/87