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Home My WebLink About31-City Clerk CITe Ot' :iAN 1:JI::HNAHUiU - HII:.\i'J1l1 "UK \,;UUN\;U.. A\,;.IUN From: Shauna Clark, City Clerk Su bject: LandTech (Plaza Development Corporation) - request for final action - payment of school impaction fees City Clerk Dept: Date: Barch 25, 1986 9/19/85 Synopsis of Previous Council action: 10/15/85 10/21/85 10/24/85 11/12/85 Former Deputy City Attorney John Wilson denied request of LandTech for waiver of school impaction fees LandTech appealed to Legislative Review Committee Legislative Review Committee granted waiver of fees Minutes of Oct. 15 Legislative Review Committee approved by Council School District attorneys appealed decision of Legislative Review Committee Council hearing - There was alot of discussion as to whether the decision of Legislative Review Committee was or was not finalized by full Council through approval of Legislative Review Committee minutes (See Attachment #1) Motion to deny exemption vetoed by Mayor See staff report for continuation of synopsis of previous action Recommeno:led motion: No recommendation .d?PI//l,t1 &a!lJ / Signature Contact person: Shauna Clark Supporting data attached: Minutes, letters Phone: 5109 Ward: Amount: Source: FUNDING REQUIREMENTS: Council Notes: ___ Finance: 75-0262 I Agenda Item N~ / · ~-~ - .~ ur- ~AN'~ICHNAHUIU - "C\l!U~ I run \,UUN\,II. "'W lun STAFF REPORT Page 1 of Staff Report - LandTech - School impaction fees 3/25/86 75.0264 -..' . . . . .. ..... CITY OF SAN BERNARDIN 0 POST Oi'F1CE BOX 131., SM, aER~;'ROI'.O, C;'LIFORNIA n~02 , ;-.... 1-; . 0 " , NoveGber 18, 1~35 SHAUNA CLARK CITY CLERK Mr. Charles Scolastico Parker & Covert 190 E. Fourth Street Suite 312 Santa Ana. CA 92705 Dear Mr. Scolastico: The hearing on the appeal filed by Parker and Covert on behalf of the San Bernardino City Unified School District relative to the legislative Review Committee's decision granting a school impaction fee exemption to landtech, Inc.. was held November 12. 1985. by the Mayor and Common Counc.i 1 . A motion to grant your appeal end deny the exemption carried by a four-three vote. The :1a/,or later vetoed that motion. Hmo:ever. in effect, the exemption stands denied. The Council later made a ~otion clarifying the procedure On future requests for exemption. The City Attorney will be responsible for administering Section 9J (Exemption). Appeals to the decision of the City Attorney's Office in regard to Section 9J will be referred to the legislative Review Co~~ittee for review and recommendation to the full Council. Sincerely, .&,.. // / "6' ,,??//r t;?/" ...::~t:r.it/' 'SHAUNA CLARK City Clerk SC:dc cc: land tech. I ne. t\ayor ,Ii 1cox Counei I Office City Administrator City Attorney /1 ,. .~ i, /,l..-'l...- 300 NORTH "0" STP.:=:l, S';N BERNARDiNO. CALI;=OR~.!A 92~18.0121 11.f..{7t?h /I / . .. -..... - ~ ~ . City of III Bernardino, California ~vembe< 12, 1985 . This is the time and place set for an Adjourned Regular Meeting of the Mayor and Common Council of the City of San ~ernardino at their Regular Meeting held on Monday, November 4, 1985, at 9:03 a.m. in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. The City Clerk has caused to be posted the Order of Adjournment of said Meeting held on Monday, November 4, 1985, at 9:03 a.m. in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. The Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor wilcox at 9:05 a.m., Tuesday, November 4, 1985, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. INVOCATION The Invocation was given by Oleo Jones, Jr., Irrmanuel Baptist Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Rei lly. ROLL CALL Roll Call was taken by the City Clerk with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Ad~inistrator Matzer. Absent: None. APPEAL HEARING - SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT - EXEMPTION OF LANDTECH, INC. FROM SCHOOL FACILITY FEES - CONTINUED FROM NOVEMBER 4, 1985 This is the time and place continued to for consideration of an appeal filed by Parker and Covert on behalf of the San Bernardino City Unified School District in connection with the Legislative Review Committee's decision of approval of the petition of Landtech, Inc., for exemption from payment of school facilities fees.!ll Deputy City Attorney John wilson answered questions concerning requirements of developers for exemption from pay~ent of school facilities fees. Ray GOldie, Attorney representing Landtech, Inc., spoke concerning the wording a~d understanding of City resolutions governing school facilities fees, the possible impact that payment of these fees, $97,000, would have on Landtech, Inc. and on the tax base of the City. He further stated that Landtech, Inc. is willing to pay $170,000 out of pocket for permit fees on December 2, 1985, before their construction loan closes, or on the first business day after their loan is funded, as proof of commitment of their project. City Attorney Prince spoke concerning exe~ptions to the payment of school facilities fees for residential developments having verified, flr~ commit~ents for financing in place and recorded within 30 days following the date of the adoption of the resolution. 1 11/1:</85 . Discuss~ was held ..:onceing the intent of the Legislative ~'iew Carom; ttee nd the Common Council regarding the wording of the resolutions establishing school facilities fees. . Dr. Hal Boring, San 8ernardino City Unified School District, spok(~ rcg~rding thp impilct that ttle decision concerning the commitment of Landtech, Inc. will hdve on other cases of school facilities fees exemptions. A respresentative of Andrew Barmakian, developer, spoke regarding instructions given to developers by the City during the month previous to the adoption of the resolutions governing school facilities fees. Mr. Hardy Brown, Board of Education, San Bernardino City Unified School District, spoke regarding the position of the Board of Education, and requested that the school district be granted school facilities fees from Landtech, Inc. Oiscussion was held concerning the intent of the San Bernardino City Unified School District to appeal other claims filed by developers for exemption from school facilities fees. Shelby Obershaw~ Board of Education~ San Bernardino City Unified School District~ spoke regarding the impact of the Landtech~ Inc. development on the population of the school system. Discussion was held concerning the interpretation of the language in the resolution regarding developer's supplying the City with a letter of firm commitment covering construction loans, and the responsibility of the City to the school district and to the people trying to build and develop the community. Council Member Marks made a motion~ seconded by Council Member Hernandez, to uphold the decision of the City Attorney's Office, grant the appeal of the School Board and deny the appeal of Landtech, Inc. regarding school impaction fees. The motion carried by the following vote: Council Members Estrada~ Hernandez, Marks, Frazier. Council Members Reilly~ Ouiel~ Strickler. Absent: Ayes: Noes: None. (Later reconsidered - see Page 3) ALCOHOLIC BEVERAGE LICENSE APPLICATION - GEORGE D. CLUBB - PRODUCT MART - 101 N. MT. VERNON - CONTINUED FROM NOVEMBER 4, 1985 This is the time and place continued to for consid- eration of an alcoholic beverage license application by George D. Clubb, dba Product Mart, 101 N. Mt. Vernon. (2) Discussion was held concerning the need for a program to control the saturation of alcoholic beverage sales. Ben Gonzales, Chief of police~ answered questions concerning the primary purpose of the Product Mart being food prOducts, and the manner in which the City is notified of a business' intent to sell alcoholic bever- ages. City Attorney Prince spoke concerning an extension of the Conditional Use Permit process to prohibit a concen- tration of alcoholic sales in certain areas. 2 11/1Z/85 . . - counci14llrnber Hernandez4lld~ ~ mo~i0n, seconded by Council Member Frazier, that the Council gJ on record and direct the Chief of Police to protest the application of George D. Clubb. . The motion fai led by the following vote: Coune i 1 Members Estrada, Hernandez, Fraz i er. Council Members Reilly, Marks, Quiel, Strickler. tlone. Ayes: Noes: Absent: City Attorney Prince spoke regarding a need to set criteria establishing grounds for denial of alcoholic sales permits. Saturation of sales in a certain area co~ld be one criterion. Council Member Estrada made a motion, seconded by Council Member Hernandez and unanimously carried, to direct the City Attorney to prepare legal opinion re;arding expanding the Conditional Use Permit process to include Off Sales of alcohol and report back by December 2, 1985. RECESS MEETING - CLOSED SESSION At 11:02 a.m., Council Member Marks made a motion, seconded by Counci 1 Member Hernandez and unanimously carried, that the meeting recess to Closed Session to discuss personnel matters under the authority of Govern- men~ Code 54957. ROLL CALL Roll Call was taken by the City Clerk with the fol- lo.....ing being present: Mayor Wilcox; Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney Prince, City Clerk Clark, City Ac~inistrator Matzer. Absent: None. hDJOURN CLOSED SESSION At 11:25 a.m., the Closed Session of the Mayor and Co~~on Council of the City of San Bernardino adjourned to the Adjourned Regular Meeting in the Council Chambers of City Hall, 300 North "DII Street, San Bernardino, California. RECONVENE MEETING At 11:25 a.m., the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North nO" St~eet, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the follo~ing being present: Mayor Wilcox; Council Members Es~rada, Reilly, Hernandez, Marks, Quiel, Frazier, Stric~ler; City Attorney Prince, City Clerk Clark, City Ad~inistrator Matzer. Absent: None. VETO - APPEAL HEARING DECISION - SAN BER~ARDINO CITY UNIFIED SCHOOL DISTRICT - EXEMPTION OF LANDTECH, INC. FROM SCHOOL FACILITY FEES - CONTINUED FROM EARLIER IN ~EETI NG Mayor Wilcox vetoed the following motion made earlier in the meeting: "Council Member Marks made a motion, seconded by Counci 1 Member Hernandez, to uphold the decision of the City Attorney's Office, grant the appeal of the School Board and deny the appeal of Landtech, Inc. regarding school impaction fees." (1) , 1l/1~/R~ ~ . Mayor >iil. stated that s.was vetoing the motirn because she believes that the decision of the Legislativ~ Review Committee to exempt Landtech, Inc. was based on the Section 93 Exemption in the resolution on school impaction fees, and to protect any developments which have firm financial commitments. . The Council discussed at length the effect of the veto. The City Attorney stated that the Council cannot overrule legal decisions, and answered questions as to whether or not the Legislative Review Committee had authority to grant the exemption. The Mayor and Common Council discussed the appeal process under the resolution on school impaction fees, and the intent of the resolution as far as exempting developers who had secured financial commitments for projects before the resolution. MAYOR WILCOX EXCUSEO FROM MEETING At 12:10 p.rn.. Mayor Wilcox excused herself from the Council Meeting and asked Mayor Pro Tempore Estrada to take the chair. After discussion, Council Member Hernandez made a motion, seconded by Council Member Marks, to direct the City Attorney to continue administering the requests for exemptions from school impaction fees until modification of the resolution is made. The Mayor Pro Tempore and the Council discussed the motion at length. The motion carried by the following vote: Council Members Estrada, Hernandez, Marks, Frazier. Council Members Reilly, Quiel, Strickler. Absent: Ayes: Noes: None. After further discussion, Council Member Marks changed his vote from Yes to No. The motion failed by the following vote: Counc i I Members Estrada, Hernandez, Fraz ier. Council Members Reilly, Marks, Quiel, Strickler. None. Ayes: Noes: Absent: The Mayor Pro Tempore and the Council discussed the appeal from school impaction fees process. COUNCIL MEMBER f1ERNANOEZ EXCUSED Council Member Hernandez left the Council Meeting. Council Member Quie! made a motion, Council Member Marks and unanimously reconsider the previous motion. seconded carried, by to COUNCIL MEMBER HERNANDEZ RETURNED Council Member Hernandez returned to the Council Meeting and took his place at the Council Table. Council Member Marks made a motion, seconded by Council Member Frazier, that the City Attorney be responsible for administering the school impaction fees Section 9J Exemption, and that appeals to the decision of the City Attorney's Office regarding Section 9J Exemptions be referred to the LegiSlative Review Committee for review and recommendation to the full Council. 4 11/12.'85 - . . The ciAhttorney agreed. to furr:ish legal opinion to the Leg1!1~tive Review Committee on the denial of exemptions. . The motion carried by the following Council Members Estrada, Reilly, Hernandez, Frazier. Noes: Council Member Strickler. vote: Marks, Absent: Ayes: Quiel, None.. RECESS MEETING - CLOSED SESSION At 12:32 p.m., Mayor Pro Tempore Estrada stated the meeting would recess to Closed Session to discuss per- sonnel matters under the authority of Government Code Section 54957. CLOSED SESSION The Closed Session of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Pro Tempore Estrada in the Conference Room of the Council Chambers of City Hall, 300 North "011 Street, San Bernardino, California. ROLL CALL Roll Ca 11 was ta ken by the Ci ty Clerk wi th the fol- lowing being present: Mayor Pro Tempore Estrada; Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney Prince, City Adminis- trator Matzer. Absent: Mayor Wilcox; City Clerk Clark. ADJOURN CLOSED SESSION At 12:57 p.m., the Closed Session of the Mayor and Common Council of the City of San Bernardino adjourned to the Adjourned Regular Meeting in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RECONVENE MEETING At 12:57 p.m., the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Council Chambers of City Hall, 300 North "011 Street, San Bernardino, California. ROLL CALL Roll Call was taken by the City Clerk with the following being present: Mayor Pro Tempore Estrada; Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler; City Attorney Prince, Deputy City Clerk Reese, City Administrator Matzer. Absent: Mayor Wilcox. ADJOURNMENT At 12:57 p.m., Council Member Marks made a motion, seconded by Council Member Frazier and unanimously carried, that the Adjourned Regular Meeting of the Mayor and Common Council be adjourned to 10:.00 a.m., Thursday, November 14, 1985, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino. ~477d/.a'2l'/ / City Clerk 5 11/12/85 . . . CITY OF SAN BERNARDINO . . POST OFFICE BOX 1313. SAN BERNARDINv.CALlFORNIA 92402 SHAUNA CLARK CITY CLERK Decer.Jber 4, 1985 Ms. Patr i ci a Uecochea landTech Inc. P.O. Box 1110 Highland, CA 92346 Dea r Ms. Ilecochea: At the meeting of the Mayor and Common Council held December 2, 1985, your request for reconsideration to the decision made to deny exem?tion of the school facilities fees, was tabled. ., . Sincerely, /p, ./l / ~;"'i / /..,-..{, C(lll.!. &<f:t iG. SHAUNA CLARK City Clerk SC:dc Item 36 cc: City Administrator City Attorney /) 300 NORTH "0" STREET. SAN BERNARDINO. CALIFORNIA 92418.(1121 PHONE 1714) 383.5002/3B3.51 02 /ld'?(t? I/? . . . .GARY w. SM,4 . neer:";; HL' . ATTO~NE'f AT LAW SUITE; 408 FIRST AMERICAN BUILOING TI!:\.EPHO...E 7''''' .88~.&B29 323 WE;ST COURT STREE:T '86 i:rii'J..>2hRM.;,lrfu. C^L1FORN'^ 92401 I.larch 18, 1986 Shauna Clark City Clerk City of San Bernardino 300 No. "D" Street San Bernardino, CA 92401 RE: Application For Exemption From Payment of School Impaction Fees by Plaza Development Corporation (Initial application by Landtech,Inc.) REQUEST FOR FINAL ACTION Dear /.1s. Clark: On December 2, 1986 the City Council heard the appeal of Plaza Development Corporation regarding exemption from School Impaction Fees, and, as per your correspondence dated December ~, 1985, the matter was tabled. It is hereby respectfully requested that you calendar this matter as a Request For Final Action from the City Council regarding the above described application for Exemption From School Impaction Fees. Your professional courtesy and cooperation is most sincerely appreciated. cO '" ;;;0 .., o " ~,....,. ~-.:J N :D OJ w Ililie); # i}