Encinitas, developer settle lawsuits
By: ADAM KAYE - Staff Writer
ENCINITAS ---- Encinitas and Barratt American Inc. have settled two lawsuits brought by the Carlsbad-based home builder, officials for both sides said Wednesday.
The developer sued Encinitas in 2000 and again this year, claiming that the fees Encinitas charges for issuing building permits and reviewing plans exceed what the city pays to provide those services.
As part of the settlement, both sides agreed to cover their own legal fees and to confer before the next fee increase.
"This is a validation that the city's fee structure is reasonable and that, as a result, Barratt dropped their lawsuits," said City Councilman Jerome Stocks.
The City Council approved increases to building-permit and plan-check fees last December. The adjustment was Encinitas' first in 11 years and brought increases ranging from 13 percent to 52 percent.
In June, Barratt filed the second of its two lawsuits in Superior Court. The lawsuit alleged that Encinitas' approval of a revised fee schedule would result "in a massive and unjustified increase in the fees for building permits and plan reviews."
The lawsuit asked the court to overturn the City Council's approval of the revised fee schedule.
Encinitas' fees are at about the midpoint of those charged by other cities in the region, city officials say.
read the rest of the NCT.com story here
Barratt Finishes Record Year
Barratt American, a Carlsbad-based residential builder, on Aug. 1 reported record high revenue of more than $378.6 million for the fiscal year ended June 30.
The figure includes $361.1 million on sales of 598 homes, up from 431 homes sold in fiscal 2005, and land sales valued at $17.5 million, according to Michael D. Pattinson, the firmÂ’s president and chief executive officer.
The average home-sale price was $603,965, ranging from products in the high $200,000s to luxury residences priced around $2 million.
San Diego Business Journal online story.
Barratt American CEO Michael D. Pattinson writes an entertaining twice monthly column for the North County Times. His controversial columns include strange bi-polar mood swings from hubristic bully to whiny little girl, often in the same paragraph.
If Encinitas lowered it's fees would Barratt pass the savings on to the home buyer?
ReplyDeleteNO.
Isn't that guy running for some office in Carlsbad?
ReplyDeletehttp://www.city-data.com/elec/elec-ENCINITAS-CA.html
Pattinson, Michael (Barratt American Inc/Builder), (Zip code: 92024) $1666 to BUILD POLITICAL ACTION COMMITTEE OF THE NATIONAL ASSOCIATION OF HOME BUILDERS on 09/15/03
Pattinson, Michael D Mr. (Barrett American Incorporated/Ceo/), (Zip code: 92024) $25000 to REPUBLICAN NATIONAL COMMITTEE on 07/12/04
PATTINSON, MICHAEL D MR, (Zip code: 92024) $120 to REPUBLICAN NATIONAL COMMITTEE on 07/09/04
Pattinson, Michael (Barratt American/CEO/President), (Zip code: 92024) $215 to COMMITTEE TO RE-ELECT CONGRESSMAN DUNCAN HUNTER on 08/26/03
PATTINSON, MICHAEL D. MR. (BARRATT AMERICAN/C. E. O./HOME BUIL), (Zip code: 92024) $2000 to BUSH-CHENEY '04 (PRIMARY) INC. on 08/07/03
How Convenient for Barratt. Since when does the City have to confer with any developer before changing the fee structure? Seems to me that Sabine has finally overstepped his legal knowledge in this City, as in La Mesa. I suggest we all request the City check with ALL of us before any fee increases. If they don't, it is illegal to give preference to one person, or developer.After all, this is a government agency and threfore required to give equal opportunity to all.
ReplyDeleteAlright. We know now that Barratt company runs this town. Sixteen tons and deeper in debt, we owe our souls to the company store.
ReplyDeleteSit city council, lie down city council, beg city council. Barratt trains them right.
What was Sabine doing through all the lawsuit talks? Adding up the budget columns for Jennifer Smith?
What is Pattersons address? I bet he does not live in one of his box homes?
ReplyDeleteI don't see how you could call those things box homes. Say what you will about design but they look pretty darn comfy. At $1MM plus they should be!
ReplyDeleteBarratt's homes are faux rich.
ReplyDeleteFuture stucco slums of America.
ReplyDeleteLook, we're no fan of big developers. Hey, we didn't know Barratt is a United Kingdom subsidary.
ReplyDeleteHowever, we said at the time, the new, excessive fees will also hurt the little guy, the pre-existing homeowner who wants to remodel.
What the NCT article doesn't mention is that there were fair housing laws passed in 1998 limiting the amount of "inpection fees" (permits) that could be charged for a room addition, or for putting on a new roof. This is to encourage homeowners to maintain and upgrade.
The individual remodeler in Encinitas will pay much higher fees, now. All of the inspections in Encinitas are hired out to Esgil, a private firm. We think this could be handled in-house, at a more reasonable price.
Also, we would like to see some more specific numbers on the "mid range" rates now paid by citizens of Encinitas. A blanket quote, "City Officials say," doesn't cut it for us.
The fees were raised dramatically after the defeats of Prop. A and C. City Council in Encinitas is using all fees, citywide, as a source of higher revenues for their "capital improvements" in the works.
While I question many of Barratt's tactics, I'm glad someone had the deep pockets to challenge City Council's self-serving efforts to raise money by charging the citizens, robbing Peter to pay Paul.
By state law, the inspection fees should be in alignment with the actual costs. It's not that Council and staff should have to "confer with Barratt," but they should have to confer with the citizens of Encinitas, to decide what is best for all involved.
I know we couldn't afford to remodel with the excessive costs, now. State law limits a room addition inspection fee to $200.00. The City should check the laws on the books, and stop charging additional fees in disguise of "park fees," etc., for pre-existing homeowners.
I think barret homes are 'funky'. I thought we wanted a funky leucadia. Isn't the name of this blog 'keep Leucadia Funky"?
ReplyDeleteUnion Tribune today - North Coast section -
ReplyDelete"Guerin is breaking city laws, critic says" by Angela Lau
I think Barratt homes look boxey junky not funky
ReplyDeleteIt's a fine line between funky and totally fucking gay. Barratt crosses that line daily.
ReplyDeleteFriday morning, great article today by Adam Kaye in NCT, about bad girl Bossy Guerin making another appointment without public hearing or Council ratification, to Encina Wasewater Authority's board of directors.
ReplyDeleteRumors and hopes are flying in Encinitas, now, that there will be a shake up, come November, with the public electing new Council Members, demanding a new, more frugal, City Manager, showing our unhappiness with the powers that be. Mayor Christy Guerin is essentially a lame duck, because she is stepping down. We wish she would, right away.
The voters definitely do not consider these appointments to be "administrative formalities." They should be accomplished through public hearings and ratified by all of Encinitas City Council.
Guerin has no business labeling Maggie Houlihan or her objections "so petty and ugly." Guerin falls back on her usual excuse that "It has been this way forever."
No excuse, Guerin: we think you are the one being petty and ugly by evading and denying us an open public hearing on this matter, and many others. If there is a shake-up in City Hall, we don't want more of the same, with Phil Cotton cow-towing to the powers that no-longer be.
Definition webster dictionary
ReplyDeleteFunky: being in a funk
Funk: a strong offensive smell
So this is Leucadia and what we are striving for? A smelly place with a strong offensive odor. We have it now with RSPB urinating and defecating all over. If you think Barret America houses are offensive and smelly they are funky.
I still don't understand why if you want to keep Leucadia putting off a strong offensive odor why you don't like these houses? Is it because they don't smell?
Don't be stupid.
ReplyDeleteHey, hilarious cartoon, on Opinion Page, D-3, too, in today’s NCT edition, Thornhill’s View, showing Christy Guerin frantically juggling her jobs, working for Bilbray (sloshing bucket) sitting on regional boards (steam iron), Encinitas Mayor Job (toaster), and Mom Duties (simmering pot on the stove).
ReplyDeleteWhat "mom" duties does Guerin have? At least three of the kiddies are in their twenties. Is she doing undercover work looking for workman's comp or disability pension scofflaws?
ReplyDeleteShe gets a generous expense allowance from encinitas taxpayers. Does it pay for her gas to Bilbray's office?
...one can put a spin on anything, fer example:
ReplyDeleteMY Webster's II dictionary states:
funk-y adj. slang
1. Having an earthy quality that is characterisitc of the blues.
Those new Barret houses give me the blues. Does that mean they're "funky"?
The anti-Leucadia trolls who post on this blog are so transparent and a whole lot o' vanilla.