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Home My WebLink About09-Public Works 3) CITY OF SAN BEIC'4ARDINO 0- MEMORANDU~ To Mayor and Common Council From Shauna Clark Subject Undergrounding of Utilities Stephen Gray Date September 18, 1987 Approved Date Chronology of Requests Stephen Gray Exemption from Undergroundio~_Qf_Pti1ities July 9, 1987 Legislative Review Committee heard Request that Council exempt undergrounding require- ments for 357 S. Arrowhead. LRC referred matter to City Attorney for an opinion and presentation to full Council on July 2~. July 2~, 1987 City Attorney informed Council that Council sub-committee could not hold hearings. ~r. Gray was informed that he had ninety days to pay the fees for undergrounding utilities at 357 S. Arrowhead. All building permits for Mr. Gray's projects are to be withheld until payment received for undergrounding at 357 S. Arrowhead. ~iS includes 911 W. Highland Ave. August 5, 1987 Mr. Gray's counsel, William G. Kellen, threatened suit based upon above action of Council August 19, 1987 Letter from City Clerk to Mr. Kellen refer- ring Mr. Kellen's letter of August 5, 1987, to City Attorney for disposition August 24, 1987 Date of letter from Stephen Gray to Mayor and Council regarding project at 911 W. Highland Avenue and requesting permission to post bond In lieu of undergrounding September 8, 1987 Mr. Gray's letter of August 24, 1987, set for hearing on September 21, 1987 September 1~, 1987 Legislative Review Committee met on issue of undergrounding utilities As of Friday, September 18, 1987, Mr. Gray has not paid for undergrounding fees at 357 S. Arrowhead Avenue. c.rY' Oil rHI=-~ E-I . \ ( "q,..,- . . , "",-, LEGISLATIVE REVIEW COMMITTEE July 9, 1987 ATTENDEES: Councilman Jack Reilly - Chairman; Councilman Mike Maudsley; Councilman Tom Minor; City Administrator - Ray Schweitzer; Deputy City Administrator for Development- James Richardson; Public Works Director - Roger Hardgrave; Deputy City Attorney - Charles Redd; Council Executive Assistant - Phil Arvizo; Mayor's Executive Assistant - Richard Bennecke; Stephen Gray, Inez Lucero, Grace Baldwin, Jim Hunt, Steve Murray, Linda Lucero. 1. UNDERGROUND UTILITIES ISSUE - Stephen Gray, 357 - South Arrowhead. Item referred to City Attorney for opinion and presentation at July 20 Council Meeting, at 2:30 p.m. Discussion and decision to be made by full Council. 2. UNDERGROUND UTILITIES ISSUE - Inez Lucero, 362 South Mt. Vernon - Casa De Flores. The Committee agreed that there was no reason to require undergrounding since this was a renovation project. The Committee recommended that the appeal be approved and undergrounding not be required at this location. Meeting adjourned. Review Committee JRlej ?/-/ c (" .." \..,,, ,-.." '-.I BERN ARD IN 0 POST OFFICE lOX nll.....N IERNAROINO. CALIFORNIAI2~ July 22, 1987 SHAUNA CLARK CITY CLERK Stephen Gray 357 South Arrowhead San Bernardino, CA Dear Mr. Gray: At the meeting of the Mayor and Common Council held on July 20~ 1987. the matter relative to underground utilities, for property located at 357 S. Arrowhead, was discussed. The Mayor and Common Council determined based upon the findings of facts that the fees for undergrounding utilities are to be paid within 90-days. Permits for any future projects will not be approved until these fees are paid. Sincerely, 1-~~ /S'HAiiNACLARK City Clerk SC:dc cc: Mayor Wilcox Council Member Reilly City Administrator Publ~ Works/Engineering r' .-j J 300 NORTH "0" STREET, SAN BERNARDINO. CALIFORNIA 82418,0121 "HONE 17141383-50021383-6102 , .. . :~. ."I')~.. '.' 4".....~. .... oA-.. '. , ~.. ....:.:.-..,. . ,.".,,~ . '. .. . ,..' . i .. -. ." ..'" .~., . ~_ .Jiati.' ':' ~......\. 7.' . . . ", " -, . "':"': . ...:..,~. . ..... . .~ F ., , f 1..... Willi.", {J, J<.1I.a & ~uoci.1a ~ .1 .c.. . ~uWia.1 .1ufiluMtl ~II "7' .A,~ .A""'lM !RiwuiJ.. G.t;t-... '.'06 (71.) 78'0076, AUCIUat 5 , 19 8 7 '15 ~ I <: m <::I ..!.i b ; ~ -< CD n ~ 8 '" :>> ,., Mayor and City Council City of San Bernardino P.O. Bos 1318 San Bernardino, CA 92402 Re: Building Permits Issued to Steve Gray - Payments of underground utility feea Dear Mayor and City Council: This office has been retained by Mr. Gray to represent him concerning a dispute that has arisen between the City and himself . The dispute centers around the fact.that the City is seeking additional fees for the placing of overhead utility lines underground at his developments. A review of his building permits and condition of approval indicates that -all utility lines should be inatalled underground subject to esceptions approved by the planning Department and the City Engineer. In performing his construction all utility lines to the structures were placed underground. Bowever, Mr. Gray is now told that this also referred to esisting facilities of the utility company adjacent to his property. We believe the permits as issued are vague and ambiguous as it pertains to tbe utilities to be placed under ground. Alao, the City is apparently aeeking to enforce the require_nt of Resolution 87-189 on permita issued prior to ita adoption by the Council on June 15, 1987. We do not read the Reaolution as being retroactive. We have placed several telephone calla to the City attorney over the past three (3) weeks, aeeking clarification of the Resolution, all to no avail. . " .o'i.." ..... ." c c '..../ August 4, 1987 'age 2 Mayor and City Council We have instructed our client to work with the City to resolve the matter but be prepared to file a suit for damages should the City seek collection of the fee and/or fail to issue certificates of occupancy for his buildings, as we believe the City to be clearly in error. We feel that such a luit is not in the best interests of the parties and seek to resolve this matter in an amicable manner. We will be happy to meet with City staff to resolve this problem. Should there be any questions, please contact me. Very truly yours, WILLIAM G. KELLEN . ASSOCIATES By wffd:: G :-f~: - WGK/dml cc: Steve Gray c ,('''' '--'" "--' BERN ARD IN 0 POST OFFICE lOX 1311. IAN IERNARDINO. CALIFORNIA 12402 August 19, 1987 SHAUNA CLARK CITY CLERK William G. Kellen & Associates Attorney at Law 3579 Arlington Avenue Riverside, CA 92506 Dear ~r. Kellen: On August 7, 1987, the City Clerk's Office of San Bernardino received a letter from you dated August 5,_1987, regarding building permits issued to Steve Gray and payments for underground utility fees. Our office sent copies of your letter to City Administrator Schweitzer and to the Directors of Public Works and Building and Safety. On August 18, 1987, I received an inquiry from ~r. Gray as to why this letter of August 7, 1987, was not on the Council agenda of August 17, 1987. I told him that I would look into the matter and that his item could come up at the next Council Meeting, September 8, 1987. After further inquiry, I learned that because the matter re- lative to underground utilities at 357 South Arrowhead was heard by the ~ayor and Council on July 20th, at which time final action was taken, your letter should not go to the Council for further action. I am referring your letter to our City Attorney's Office and will send a copy of this letter to ~r. Gray so that he will be aware that this matter is not coming back before the Council on September 8, 1987. Sincerely, SC:dc ~{~t1:~~,U City Clerk cc: Councilman Reilly City Attorney J City Administrator .""'iOE '" ~ac0Pt~ter of Jul 20 1987 ~1. ::tf,'If 300 NOR~H "D" STREET, SAN BERNARDINO, CALIFORNIA 9241B.ol21 ~I" ~ l ~ PHONE 17141 393.5002/383-5102 .:-....~..':' :I:or- '$'?" c / ........, '-" CorruN!rcfal DeuelDpnwnt . CorUradDrs . ConsuUanIs CSL417215 12188 Mt. Vernon. SuIte 41 Grand Terrace. CA 92324 (714) 370-2366 -.. 3( 0.. ~ 4f1'" 4I1Bll'C,. August 24, 1987 ....... c': t... C ~ :Z E: :II: ~t?r and Common Council ~~ of San Bernardino ciP .:;p. Box 1318 ~San Bernardino, Ca. 92402 w = a: S? Subject: Ordinances, Fees and Procedures Involving the Under grounding of Utility Lines in the City of San Bernardino Dear Mayor and Common Council: I would like to divide this letter into two parts. ~ =- m ("') m <: :-n '=' , ::'-> ~ ~ :5l N o N ~ -< ::-> r- ,." ::0 -:r. Part One: On the parcel of land that we are developing at 911 W. Highland Avenue, the following situation exists: The parcel is surrounded by utility lines on three sides - the east, the south and the west. I am aSking that we be permitted to underground the lines on the west to our new building. We would be willing to bond the utility lines on the east side of the parcel under the following conditions: That we bond for 90 feet at the rate of $70.00 a foot. Also, that we be given one year from the date of completion to make this payment. We ask that the problem of undergrounding the lines to the south be left to whoever develops the property to the direct south of these utility lines. We feel that under the present ordinance this is more than fair. Part Two: It is our opinion that, under the present ordinance, the undergrounding of utility lines in the City of San Bernardino will never be completed. The reason is fairly obvious. If only developers who are building on specific parcels are required to underground utility lines adjacent to these properties - what will happen (or not happen) to the hundreds of miles of utility lines on the streets where development has already taken place? 3/ , c (""~ "-' ........ "'\ .. ) Mayor and Common Council Page 2 RE: Ordinances, Fees and Procedures Involving the Under- grounding of Utility Lines in the City of San Bernardino August 24, 1987 !1y suggestion is this - as the City did with cultural and school fees - why not assess a similar fee on every new con- .. struction permit? The money could be held in a special fund, drawing interest, and used as needed to start an orderly procedure to underground utility lines in the entire City. This certainly seems like a more sensible and fairer procedure than the one now being proposed. I would like to remind you that, developing in the inner city as opposed to Hospitality Lane and the industrial parks, is not an easy or profitable endeavor. I have asked the City to help in the past and have promptly been "slapped down quickly" as it were, while national and multi-national corporations have been granted millions of dollars in "freebies" and assistance. I quess that's O.K., I'm a big boy now, and can stand on my own two feet. I have as great an interest as anyone in making the City more attractive and a better place to live. I am merely asking that these actions be thought through and be fair and equitable. Please place this letter on the Council agenda. Sincerely, STEPHEN F. GRAY cc: Gray American William G. Kellen, Attorney at Law Hal Abedor - ~ c r.... """ <"', ~" , .....__l BERN ARD IN 0 POST OFFICE lOX 1311, SAN IEANARDINO. CALIFORNIA 12402 September 10, 1987 SHAUNA CLARK CITY CLERK Stephen F. Gray 12168 ~t. Vernon, Grand Terrace, CA Ste 41 92324 Dear ~r. Gray: At the meeting of the Mayor and Common Council held on September 8, 1987, the matter relative to fees and procedures for undergrounding utirities connected to 911 W. Highland Avenue, was set for a public hearing. The public hearing will be held September 21, 1987, at 9~30 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Sincerely, ~ /?',~, ~ . -' '_.I'/'"';:~ ~ - Ar~/'~.~' " --SHAUNA CLARK City Clerk SC:dc cc: City Administrator Public Works/Engineering ...; ......- ,. ~---- . --~"~---- ->- ~ "': . --"- ..:-=~:: ~~ 300 NORTH "D" STREET, SAN BERNARDINO. CALIFORNIA 1241B'()121 PHONE (714) 3B3.500213B3-5102