HomeMy WebLinkAbout12-City Attorney
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CI....... OF SAN 9ERNARDI.....J - REQUE..""T FOR COUNCIL AC\A)N
From:
Ralph H. Prince
Subject: Findings of Fact and Conclusions
of Law - Landtech, Inc.
Dept: City Attorney
Date: December 12, 1986
Synopsis of Previous ~ouncil action:
Various hearings prior to December 8, 1986, at which time the
court issued an order that findings of fact and conclusions of
law be determined by the Mayor and Common Council with regard
to Saab v. City, San Bernardino Superior Court No. 234561.
(Landtech)
Recommen<led motion:
Adopt resolution.
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Signature
Contact person: John F. Wilson
Supporting data attached: Yes
FUNDING REQUIREMENTS:
Amount:
None
Sou rce:
5162
N/A
N/A
Phone:
Ward:
Finance:
Council Notes:
75-0262
Agenda Item No. /,t..
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CIT-Y OF SAN BERNARDIW - REQUE...... FOR COUNCIL AC'hbN
STAFF REPORT
On December 8, 1986, the petition for Writ of Mandate filed
by LandTech, Inc. was heard in the Superior Court of San
Bernardino. The court remanded the matter to the Mayor and
Common Council for further proceedings. Pursuant to the
instructions of the Court, the Mayor and Common Council are
to make findings of fact and conclusions of laws in support
of denial of exemption from school impaction fees. The
attached resolution accomplishes this purpose.
75-0264
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RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AND
ADOPTING THE FINDINGS OF FACT AND CONC~USIONS OF LAW IN THE
3 MATTER OF THE REQUEST FOR EXEMPTION OF LANDTECH, INC. FROM THE
PAYMENT OF SCHOOL IMPACTION FEES.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor and Common Council of the City of San
7 Bernardino do hereby approve and adopt the Findings of Fact and
8 Conclusions of Law in the matter of the request for exemption of
9 LandTech, Inc. from the payment of school impaction fees, a copy
10 of which is attached hereto, marked Exhibit wAw and incorporated
11 herein by reference.
12 I HEREBY CERTIFY that the foregoing resolution was duly
13 adopted by the Mayor and Common Council of the City of San
14 Bernardino at a
meeting thereof, held on
15 the
day of
, 1986, by the
16 following vote, to wit:
17 AYES:
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19 NAYS:
20 ABSENT:
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City Clerk
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The foregoing resolution is hereby approved this
day
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, 1986.
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Mayor of the City of San Bernardino
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Approved as to form:
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8 City A torney
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1 In the matter of the
exemption of LandTech, Inc.
2 from the payment of school
impaction fees pursuant to
3 Subsection 9J of San
Bernardino Resolution No.
4 85-337
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FINDINGS OF FACT AND
CONCLUSIONS OF LAWS IN
SUPPORT OF DENIAL OF
EXEMPTION FROM SCHOOL
IMPACTION FEES
6 INTRODUCTION
7 On December 8, 1986, the Petition for Writ of Mandate filed
8 by LandTech, Inc. was heard in the Superior Court of San
9 Bernardino. The court remanded the matter to the Mayor and
10 Common Council for further proceedings. Pursuant to the
Ii instructions of the Court, the Mayor and Common Council now make
12 the following findings of fact and conclusions of law.
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14 1.
FINDINGS OF FACT
At all times pertinent hereto, Section 9J of San Bernardino
15 Resolution No. 85-337 (hereinafter "exemption") provided:
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"The provisions of this resolution shall
not apply where the residential development
is:
Residential developments (sic) for which
verified, firm commitments for financing
are in place and recorded within thirty
days following the date of the adoption
of this resolution."
That the purpose of the exemption was to provide relief
25 from payment of school impaction fees to those persons whor
26 acting without notice of the school impaction fees, had reached
27 an extremely advanced stage in the financing and processing of
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EXHIBIT A
1 applications related to the development of a residential housing
2 project on the effective date of the resolution.
3 3. wVerifiedw as used in the exemption means that all
4 documents respecting such commitment appear to have been executed
5 by the borrower and lender in the usual course of business.
6 4. wFirm commitmentW as used in the exemption means that such
7 commitment was given without notice of the requirement for school
8 impaction fees, and the terms, conditions and circumstances of
9 the financing agreed upon by the borrower and lender are such as
10 to make it reasonably foreseeable that there would be a
11 substantial financial hardship, or loss of ability to proceed in
12 a timely manner with the construction of the residential housing
13 development project, incurred by the borrower if he or she were
14 required to obtain additional funding for purposes of making
15 payment of school impaction fees. And, it further reasonably
16 appears from such terms, conditions and circumstances that the
17 terms of the loan commitment are not unconditionally revocable by
18 the lender.
19 5. wIn placew as used in the exemption means that there must
20 be evidence that the commitment agreement is a currentr bona fide
21 commitment by the lender.
22 6. wRecordedw as used in the above-cited provision means that
23 where the evidence of such financing is normally recorded in the
24 office of the County Recorder, e.g. bond financing, the
25 necessary documents have been so recorded or there is a
26 reasonable expectation that such documents will be so recorded in
.27 a timely manner following the grant of the exemption.
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1 7. The resolution did not require that the request for
2 exemption be made in any particular form.
3 8. The letter from Nevada National Bank, dated September 13,
4 1985, was submitted by LandTech, Inc. in support of its request
5 for exemption under Section 9J of City of San Bernardino
6 Resolution No. 85-337. Said letter contains the following
7 1 anguage:
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12 9. No commitment was given by the lender until after borrower
13 and lender were on notice of the school impaction fees.
"The above commitment is subject to
review and approval by Lender's Senior
Loan Committee at Lender's sole discretion."
14 CONCLUSIONS OF LAW
15 1. The letter submitted by LandTech, Inc., in support of its
16 request for exemption was a verified commitment for financing.
2. The letter submitted by LandTech, Inc., in support of its
request for exemption was executed after notice of the
19 requirement for payment of school impaction fees.
20 3. The letter submitted by LandTech, Inc., did not evidence a
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"firm commitment" for financing in that the terms and conditions
22 of such letter do not make it reasonably foreseeable that the
23 borrower would face substantial financial hardship or loss of the
24 ability to proceed in a timely manner with the construction of
25 the residential housing development. Nor does it appear
26 therefrom that the terms of such commitment were not
27 unconditionally revocable by the lender prior to execution of the
28 loan.
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4.
The letter submitted by LandTech, Inc., in support of its
request for exemption was evidence that the commitment was not
"in place".
5.
The letter submitted by LandTech Inc., in support of its
request for exemption does not qualify LandTech, Inc., for an
6 exemption from the payment of school impaction fees under the
7 exemption set forth at Section 9J of City of San Bernardino
8 Resolution No. 85-337.
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