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Home My WebLink About4083_CCv0001.pdf RESOLUTION NO. 4083 A RESOLUTION OF THE CITY OF REDLANDS ESTABLISHING A PROCEDURE FOR ALLOCATION OF WATER AND SEWER CONNECTIONS IN THE UNINCORPORATED AREA WITHIN THE CITY OF REDLANDS' SPHERE OF INFLUENCE SECTION ONE: The City Council shall implement Section 6 of Proposition R by allotting up to 150 water and 150 sewer connections per year within the unincorporated area covered by the City' s sphere of influence. SECTION TWO: These allocations shall be made in accordance with the following provisions: 1. Projects shall be consistent with the Redlands General Plan as interpreted by the City Council. 2. Allocations shall be distributed to minor projects (four units or less) approved by the County on a first come first serve basis up to 25 water and 25 sewer allocations per year. Unused allocations shall be transferred to the major project pool in December. 3 . A maximum of 35 water and 35 sewer allocations per major project (five units or more) per allocation period shall be awarded by the City Council in accordance with the following schedule: April 65 water and 65 sewer current year allocations August 60 water and 60 sewer current year allocations December Any unused current year allocations and all expired or other allocations which may be available. 4 . All County-approved major projects requesting sewer or water service shall be allocated by the City Council . The order of priority of the project shall be established by the time at which final grading and improvement plans are submitted to the County for approval. 5 . Major projects must receive final approval and building permits within two years from date of award or lose the allocation. 6. Minor projects must receive a building permit within one year from date of award or lose the allocation. SECTION THREE: This resolution goes into effect July 17 , 1985, and from and after that date only the City may allocate outside connections and only pursuant to this resolution. ADOPTED, SIGNED AND APPROVED this 16th day of July, 1985. ATTEST: Mayor of the City of Redlands City lerk I, Borrie Poyzer, City Clerk, City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 16th day of July, 1985, by the following vote: AYES: Councilmembers Johnson, Larsen, Mayor Beswick NOES: None ABSENT: Councilmembers DeMirjyn, Martinez City',Clerk Resolution No. 4083 Page two .XC .-, ,-,Mayor, Councilmembers, City Manager, P.W. Director, Utilities Engineer LAW OFFICES OF Reid & Hellyer WILLIAM S. HELLYER A PROFE55IONAL CORPORATION HOWARD SURR (1869-1947) ENOS C. REID 599 N. ARROWHEAD AVENUE GEO. W. HELLYER (1886-1969) JOHN D. BABBAGE JOHN B. SURF? JIPOS-1971) ROBERT J. BIERSCHBACH POST OFFICE BOX 6086 JAMES R. EOwARO$ 0920-19771 HORACE O- COIL SAN BERNARDINO, CALIFORNIA 92412 JOE SAX DONALD F. POWELL (714) 8 84-47 04 DAV10 G. MOORE FRANK J. DELANY (774) 824-5325 WVERSIOE OFFICE JOHN K_ MIRAU 3800 ORANGE STREET JAMES J. MANNING.JR. TELECOPIER (714) 381-4265 RIVERSIDE. CA 92502-3834 JANE W. CARNEY RALPH B. PALMER (714) 682-1771 VERONICA M. GRAY DIANE S. BREWER R+CHARD D. ROTH December 16, 1985 DARYL D. HANSEN CATHERINE E. S. IRWIN ORANGE COUNTY OFFICE DAN G. MCKINNEY 1901 NEWPORT BLVD., SUITE 239 MARK C. EDWARDS COSTA MESA, CA 92627 ALEXANDRA S. WARD (7141 631-4952 WILLIAM J. WARD CHARLES T. SCHULTZ CHARLES F MEYER PAUL F- SCHRIER OUR FILE NUMBER P0342-001 HAND DELIVERED The Honorable Mayor of the City of Redlands.- Carole Beswick Members of the City Council of the City of Redlands 30 Cajon Street Redlands, CA 92373 Re: Tract No. 11619 Dear Mayor & Members of the City Council : We are counsel for Robert Poladian, owner/developer of the aforementioned tract ( "Tract" ) and have been requested to address the issue of the effect of Resolution No . 4083 with respect to the Tract. On or about December 18, 1980, a tentative tract map ( "Map" ) was approved. Subsequently, three extensions were granted. The Map expires on December 18, 1985 . In 1980 forty-five (45) water and sewer allocations were approved and in 1981 fifty-one (51) allocations were approved, for a total of 96 allocations ( "Allocations" ) to date with respect to the Tract . In 1981, inquiry was made on behalf of the owner of the Tract whether it was necessary to obtain an extension with respect to the Allocations . By letter ( "Letter" ) dated September 1, 1981, David V. Garcia, Utilities Engineer for the City of Redlands , responded: Honorable Mayor of the City of Redlands Members of the City Council Page 1. 11 . . . policy has been set relative to outside City water and/or sewer connection allocations . The policy is; (sic) outside of the City, those allocations belong to that property and need not require time extensions . " A copy of the Letter is attached hereto for your reference. On January 7, 1978, Proposition "R" was enacted. Section 6 states : "The City shall extend water or sewer service to no more than 150 dwelling units outside its corporate boundaries in any calendar year . " On July 16, 1985, the City of Redlands adopted Resolution 4083 ( "Resolution" ) which sets forth in Section Two, paragraph 5 that " [m]ajor projects must receive final approval and building permits within two years from date of award or lose the allocation. " We are of the opinion that the Resolution and specifically Section Two, paragraph 5, is not applicable to projects with allocations awarded prior to July 17, 1985 . With respect to this Tract, retroactive application of the Resolution would cause expiration of 45 of the Allocations as of 1982 and 51 of the Allocations as of 1983 without any notice to the owner of the Tract and in direct contravention of the City' s policy. In the event the City disagrees with our opinion please advise indicating when the two years commence to run. Additionally, in the event the City' s position is that the Allocations have expired, we request that no action be taken by the City as to removing and/or reassigning the Allocations until this matter is resolved. All correspondence regarding this matter is to be addressed to the undersigned. Very truly yours, REID & R A PROFS SION CORPORAT N By V onica M G y 5379f/stw Cpy: Robert Poladian (w/enol) George Glen (w/enol ) Dallas Holmes (w/enol) dine " 14W Ct September 1 , 1981 WES Engineering Company 3272 North "E" Street Suite D San Pernardino, CA 92405 Attn: Mr. William E. Snell OUTSIDE CONNECTIONS 181-04 & 181-05 (TRACTS 111619 & 10051) This is to advise you that I have discussed your request for a one-year extension for the subject proposed develop- ments with the Director of Public Works and the City Manager. As a result, policy has been set relative to outside City weter and/or sewer connection allocations. The policy is; outside of the City, those allocations belong to that prop- erty and need not require time extensions . If you have any questions relative to this, please contact me. rr� Y DAVID V. GARC IA Utilities Engineer DVG/jf ;DECEIVED S. E P 3 1981 WES LNGLF4EERJNG X rAJON 57AEET, PD_ BOX MO 0 AEpIAAW& G XW3 • �7�1 7lS�1t