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HomeMy WebLinkAbout55-City Administrator · 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 c 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 ~/OIO )...)/Q _ l:>~ c - \.(!~ /Je~ /3~<i' ) 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