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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Subject: Public Hearings 4:00 p.m.-- Resolutions of
Necessity for the acquisition of real property (3 parcels)
Development Servin R 1 G 1 N ^ lIY eminent domain - extension of Campus Parkway
U ~erly referenced as Pepper Linden Drive) north of
Date: April 16, 2003 Kendall Drive.
File No.15.02-1413
Synopsis of Previous Council Action: MCC Date: 05-05-2003
07/15/2002 - Allocation of $500,700 for the Phase I extension of Pepper Linden Drive, to be known as
Campus Parkway, from Kendall Drive to Northpark Boulevard approved in the five- year CIP (Capital
Improvement Program) Budget.
01/21/2003 - Resolutions of Necessity were adopted for acquisition of three parcels relative to the
extension of Pepper Linden Drive.
03/03/2003- The Negative Declaration for street improvements to Pepper Linden Drive from
Kendall Drive to Northpark Boulevard and installation of traffic signal at Pepper Linden Drive and
Kendall Drive, was adopted.
From:
James Funk, Director
Dept:
Recommended Motion:
1. That the Public Hearing relative to partial acquisition ofright of way, slope and drainage
easement for APN 0261-231-06 (McGrew) be closed.
AND
2. That the Public Hearing relative to partial acquisition of a slope and drainage easement for
APN 0261-231-07 (Haensly) be closed.
AND
3. That the Public Hearing relative to partial acquisition of a slope and drainage easement for
APN 0261-231-27 (Sehremelis) be closed.
AND
4. Adopt Resolutions (3)
~F~
James Funk
Contact person: LASZLO ULes" FOGASSY
Phone: 5026
Supporting data attached: Staff Report, Env. Docs. Ward: 5
NotIces (J ), ResolutIOns (J) $96,080 (0261-231-06)
$ 1,450 (0261-231-07)
FUNDING REQUIREMENTS: Amount: $ 1,750 (0261-231-27)
Source: (Acct. No.) 126-369-5504-7007
(Acct. Description) Gas Tax Fund
Finance:
Council Notes: ~ ,i,iZro.s-IO'1
2<.10 3-- \ , 0
'2ffi3- \ \ ,
Agenda Item No.
II
5' It 1 jit3
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public Hearings 4:00 p.m.-- Resolutions of Necessity for the acquisition of real property (3
parcels) by eminent domain - extension of Campus Parkway (formerly referenced as Pepper
Linden Drive) north of Kendall Drive.
BACKGROUND:
On July 15,2002, the five year CIP (Capital Improvement Program) was approved. Among the
various proj ects identified in the CIP for FY 2002/2003 is the construction of a street extending
from Kendall Drive to Northpark Boulevard. The proposed street was referenced in the budget as
the extension of Pepper Linden Drive. At the suggestion of California State University, the new
street has been renamed Campus Parkway. This street is needed to lessen the present and
anticipated future traffic impact to and from the University. The first phase of the project
includes the acquisition of right of way and appurtenant easements, the construction of one
traffic lane in both directions, and the installation of a traffic signal at the intersection of Kendall
Drive and Campus Parkway. Future phases will include the addition of two additional lanes of
traffic, sidewalk, median and landscaping. Ultimately, the street will allow access to the
University from the 1-215 Freeway and the proposed 1-210 Freeway some time in the future
when funding becomes available.
The design of this portion of Campus Parkway has been completed and partial acquisitions
across three parcels will be needed. An appraisal for the three parcels was prepared by the firm
of Len Perdue and Associates. The first parcel, (APN 0261-231-06), consists of street and
highway and slope and drainage easements. The remaining two parcels (APN 0261-231-07 and
0261-231-27), only require slope and drainage easements to facilitate the extension of the street
through the hill which is located at the rear of the parcels.
On October 7, 2002, three resolutions were adopted determining the fair market value for the
acquisitions as follows:
Resolution No.
2002-318
2002-319
2002-320
Total
Parcel No.
0261-231-06
0261-231-07
0261-231-27
Value
$96,080
$ 1,450
$ 1.750
$99,280
All three property owners have been contacted by the City and informed of the City's intent to
acquire the necessary easements and offers have been made to acquire the necessary right of way
or slope easements.
)
Staff Report-cont'd
On January 21, 2003, a public hearing was held and Resolution Nos. 2003-28, 2003-29 and
2003-30 were adopted, determining the necessity for this project. This action was the first step
for condemnation proceedings.
The City Attorney's office has advised us that the Resolutions of Necessity should have been
adopted after environmental approval under CEQA. On May 6, 2002, an Initial Study was
prepared for the acquisition of right of way and construction of street improvements to Pepper
Linden Drive (now Campus Parkway) and the installation of a traffic signal at Pepper Linden
Drive (now Campus Parkway) and Kendall Drive. A copy of the environmental documents are
attached for reference. The Resolutions of Necessity are being submitted again for your action.
The owners of the property involved have been notified of the public hearing. A copy of the
notices sent is also attached for your reference. Upon approval of these resolutions, the City
Attorney's office can proceed with the condemnation action.
FINANCIAL IMP ACT:
$99,280 to be paid for from the Gas Tax Fund, Account No. (126-369-5504-7007), approved in
the five-year CIP budget. ($96,080 for APN 0261-231-06; $1,450 for APN 0261-231-07; and
$1,750 for APN 0261-231-27).
RECOMMENDA nON:
Close the public hearings(3) and adopt resolutions (3)
THE SUN
399 North a D"Streel
San Bernardino, CA 92401
(9091397-3986
LINDA DORTCH
SAN BERNARDINO CITY DEVELOPMENT
SERVICE
300 NORTH D ST #300
SAN BERNARDINO, CA - 92418
PROOF OF PUBLICATION
(2015.5 C.C.P.I
Stale of California )
County of San Bernardino ) ss
Notice Type:
GPN GOVT PUBLIC NOTICE
Ad Description:
CONDITIONAL USE PERMIT NO. 01-23
I am a citizen of the United States, over the age of eighteen years, and not a party
to or interested in the above entitled matter. I am the representative of the printer
and publisher of The Sun, a daily newspaper printed and published in the English
language in the City of San Bernardino, County of San Bernardino, and adjudged
a newspaper of general circulation as defined by the laws of the Stale of California
by the Superior Court of the County of San Bernardino, State of California, under
dale June 20, 1952, Case No. 73084. That the nOlice, of which the annexed is a
printed copy, has been published in each regular and entire issue of said
newspaper and not in any supplement thE:: -."f ~"'I the following dales, to-'Nit.
07/17/02
Executed on: 07/17/2002
AI Los Angeles, California
I certify (or declare) under penalty of pe~ury that the foregoing is true and correct.
-'\
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Signature
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CITY OF SAN
BERNARDINO
NOTICE OF 1NTan' TO
ADOPT A NEGAnvE
DEct.AAA TION OF
ENVIRONMENTAL "ACT
Tne City of SIIn &em.rQlno
~..; 10 -=-~.:
~~helDrEn~~_~
ReView CammftIee Iound
that the protects .... not
~a~te<<.::tQfl
the eh.~_..,_t on Iha
~..... "'.....:::::.."""...
""{
req to r~...
axisting va stIIlton- by
feoonstruc:lln; dw ~ of
"'~~.n
:'e~ of -r- ...u:
repoaldonlng Iha ~
..'-'G. reIocaIng "-
propane IMk end telephone
to Iha north side of the
rou~'~-:'~
off VKUUfIl _a. Tlte groj,ad:
~ IoQIted at 1880 !s. 'Mt..
V...... Av.nue In !he CG-1.
Commercial G-w -.a
use district. (Pre-.pplealion
Reytew No. 01-11)
EfIvironmentel
Oetermlnlrtion: Pmpo.ed
-..... -
""",",-
Owner. ZakoriIo A. Hagg"'ll
_'" RAMCAM__
APN: 0281.243-1.1 I
Ward: 1
P"!!!.1!i ~K.
~<ln.-oi
Po . ."1tJL- Driwo from
Ke., ~Io~
=~~ I
~: PropoMd
NegativeDedae"atlon '
QwnefIApplQnt City fit s.n ,
Bernardino
APN:NlA I
Wan:I:5
The Initial StudlM era
avaHable lor public r..n.w _I
the Planning DIvIIlon, CIly
Hell, 300 NOrth "0'" Street. 1
~: ~.=::
555 WMt 6th ~Veet, &In i
=~c.~:
~~\/~obll~~
4:00 p.m. on August t6.
2002. "youdonot~:
in writing, _ will --.me I
thai you have no -~1on8
IndlOf recommend8tiDna on .
the IIboIIe PI"OkM:ta. The'
CommldM . will review '
:::=-nw ~ ::: i
tecommel'ldation .. h
E,WKOrwnerul RevlMw
Committee mee1Ing of
~i1\~~~2, 2002.
sas- 4tH&>> ~
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SB5- 4186~
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S-/1r--6'3
CITY OF SAN BERNARDINO
NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT
The City of San Bernardino proposes to adopt a Mitigated Negative Declaration for the
following projects. The Environmental Review Committee found that the projects will not have a
significant effect on the environment on the basis of the Initial Study and mitigation measures.
CONDITIONAL USE PERMIT NO. 01-23 - A request to renovate an existing gas station by
reconstructing the fa~ade of the building, adding an additional 800 square feet to the rear of the
station, repositioning the fuel islands, relocating the propane tank and telephone to the north
side of the property, and constructing four car washes and a dry off vacuum area. The project
is located at 1880 S. Mt. View A venue in the CG-I, Commercial General land use district.
(Pre-application Review No. 01-11)
Environmental Determination:
Owner:
Applicant:
APN:
Ward:
Proposed Mitigated Negative Declaration
Zakoria A. Haggag
RAMCAM Corp.
0281-243-11
I
PUBLIC WORKS PROJECT NO. 01-03 - Street improvements of Pepper Linden Drive
from Kendall Drive to Northpark Boulevard.
Environmental Determination:
Owner/Applicant:
APN:
Ward:
Proposed Negative Declaration
City of San Bernardino
N/A
5
The Initial Studies are available for public review at the Planning Division, City Hall, 300 North
"D" Street, San Bernardino, California, and the Feldheym Library, 555 West 6th Street, San
Bernardino, California. Any environmental comments you have should be received in this office
no later than 4:00 p.m. on August 16, 2002. If you do not respond in writing, we will assume
that you have no opinions and/or recommendations on the above projects. The Committee will
review comments received and make its final recommendation at the Environmental Review
Committee meeting of August 22, 2002.
SUBMITTED ON: July 11,2002
PUBLISH ON: July 17,2002
Please reference "DRClNeg Dee" on the billing and send to the City of San Bernardino,
Development Services Dept., Planning Division, 300 North "D" Street, San Bernardino, CA
92418.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk, Director Subject: Public Hearings 4:00 p.m.-- Resolutions of
Necessity for the acquisition of real property (3 parcels)
Dept: Development Services by eminent domain - extension of Campus Parkway
(formerly referenced as Pepper Linden Drive) north of
Date: April 16, 2003 Kendall Drive.
File No.15.02-1413
Synopsis of Previous Council Action: MCC Date: 05-05-2003
07/15/2002 - Allocation of $500,700 for the Phase I extension of Pepper Linden Drive, to be known as
Campus Parkway, from Kendall Drive to Northpark Boulevard approved in the five- year CIP (Capital
Improvement Program) Budget.
01/21/2003 - Resolutions of Necessity were adopted for acquisition of three parcels relative to the
extension of Pepper Linden Drive.
03/03/2003- The Negative Declaration for street improvements to Pepper Linden Drive from
Kendall Drive to Northpark Boulevard and installation of traffic signal at Pepper Linden Drive and
Kendall Drive, was adopted.
Recommended Motion:
I. That the Public Hearing relative to partial acquisition of right of way, slope and drainage
easement for APN 0261-231-06 (McGrew) be closed.
AND
2. That the Public Hearing relative to partial acquisition of a slope and drainage easement for
APN 0261-231-07 (Haensly) be closed.
AND
3. That the Public Hearing relative to partial acquisition of a slope and drainage easement for
APN 0261-231-27 (Sehremelis) be closed.
AND
4. Adopt Resolutions (3)
~F~
James Funk
Contact person: LASZLO "Les" FOGASSY
Phone: 5026
Supporting data attached: Staff Report, Env. Docs. Ward: 5
NotIces (3), ResolutIOns (3)$96,080 (0261-231-06)
$ 1,450 (0261-231-07)
FUNDING REQUIREMENTS: Amount: $ 1,750 (0261-231-27)
Source: (Accl. No.) 126-369-5504-7007
(Accl. Description) Gas Tax Fund
Finance:
Council Notes:
Agenda Item No.
J.~
5 JS} 03
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public Hearings 4:00 p.m.-- Resolutions of Necessity for the acquisition of real property (3
parcels) by eminent domain - extension of Campus Parkway (formerly referenced as Pepper
Linden Drive) north of Kendall Drive.
BACKGROUND:
On July 15,2002, the five year CIP (Capital Improvement Program) was approved. Among the
various projects identified in the CIP for FY 2002/2003 is the construction of a street extending
from Kendall Drive to Northpark Boulevard. The proposed street was referenced in the budget as
the extension of Pepper Linden Drive. At the suggestion of California State University, the new
street is proposed to be named Campus Parkway. This street is needed to lessen the present and
anticipated future traffic impact to and from the University. The first phase of the project
includes the acquisition of right of way and appurtenant easements, the construction of one
traffic lane in both directions, and the installation of a traffic signal at the intersection of Kendall
Drive and Pepper Linden Drive. Future phases will include the addition of two additional lanes
of traffic, sidewalk, median and landscaping. Ultimately, the street will allow access to the
University from the 1-215 Freeway and the proposed 1-210 Freeway some time in the future
when funding becomes available.
The design of this portion of Campus Parkway has been completed and partial acquisitions
across three parcels will be needed. An appraisal for the three parcels was prepared by the firm
of Len Perdue and Associates. The first parcel, (APN 0261-231-06), consists of street and
highway and slope and drainage easements. The remaining two parcels (APN 0261-231-07 and
0261-231-27), only require slope and drainage easements to facilitate the extension of the street
through the hill which is located at the rear of the parcels.
On October 7, 2002, three resolutions were adopted determining the fair market value for the
acquisitions as follows:
Resolution No.
2002-318
2002-319
2002-320
Total
Parcel No.
0261-231-06
0261-231-07
0261-231-27
Value
$96,080
$ 1,450
$ 1.750
$99,280
All three property owners have been contacted by the City and informed of the City's intent to
acquire the necessary easements and offers have been made to acquire the necessary right of way
or slope easements.
Staff Report-cont'd
On January 21, 2003, a public hearing was held and Resolution Nos. 2003-28, 2003-29 and
2003-30 were adopted, determining the necessity for this project. This action was the first step
for condemnation proceedings.
The City Attorney's office has advised us that the Resolutions of Necessity should have been
adopted after the environmental approval. On March 3, 2003, the Negative Declaration for street
improvements to Pepper Linden Drive and the installation of a traffic signal at Pepper Linden
Drive and Kendall Drive, was adopted. A copy of the environmental documents that were
submitted and approved are attached for reference. The Resolutions of Necessity are being
submitted again for your action. The owners of the property involved have been notified of the
public hearing. A copy of the notices sent is also attached for your reference. Upon approval
of these resolutions, the City Attorney's office can proceed with the condemnation action.
FINANCIAL IMPACT:
$99,280 to be paid for from the Gas Tax Fund, Account No. (126-369-5504-7007), approved in
the five-year CIP budget. ($96,080 for APN 0261-231-06; $1,450 for APN 0261-231-07; and
$1,750 for APN 0261-231-27).
RECOMMENDATION:
Close the public hearings(3) and adopt resolutions (3)
DEVELOI"U:NT SERVICES DEPARTMENT
300 North "D" Street' San Bernardino' CA 92418-0001
Planning & Buildin, 909.384.5057. Fax: 909384,5080
Public Works/Engineerin~' 909.384,5111 . Fax: 909384,5155
www.ci.san-bernardino.ca.us
Aprill7.2003
File No, l5.02-l413A
SENT CERTIFIED MAIL
Everett E. and Aldona R. McGrew
2358 Kendall Drive
San Bernardino, CA 92407
REo' The extension of Campus Parkway (formerly referenced as Pepper Linden Drive), north
of Kendall Drive - Acquisition of a portion of APN 0261-231-06
Dear Property Owners:
You were previously sent a Notice of Intent regarding the City's proposed acquisition of a
portion of your property relative to the extension of Pepper Linden Drive (to be known as
Campus Parkway) and on January 21, 2003, a hearing was held before the Mayor and Common
Council relative to the proposed acquisition. At the conclusion of that hearing. a Resolution of
Necessity was adopted. Since the environmental documents were not approved at that time, the
Resolution of Necessity must be resubmitted to the Mayor and Council for consideration. A
Negative Declaration for this project was approved by the Mayor and Council on March 3,
2003.
The attached Notice of Intent gives you an opportunity to appear before the Mayor and Common
Council at the regular scheduled meeting of May 05. 2003, and raise questions concerning the
public interest, necessity and location of the project as it affects your property. The subject of
the amount of compensation for your property is not an issue for the Mayor and Common
Council and will not be considered by them. If the resolution is adopted, the City has the
authority to file an eminent domain action in the Superior Court. In that Superior Court
proceeding, the amount of compensation is determined.
April 17,2003
McGrew
Extension of Campus Parkway (Pepper Linden Drive)
Page 2
If you desire to appear before the Mayor and Common Council, please submit your request to
appear, as stated in the attached Notice.
Please call this office at (909) 384-5026 or (909) 384-5111 if you need additional information.
Sinc" er~y, J
'c' I ,~
/ I .,?---
,~{t1 L <
LASZLO "Les" FOGASSY,
Real Property Supervisor
cc: "Joe" V.C. Suarez, Council Member, Fifth Ward
Henry Empefio, Deputy City Attorney
RNARDINO 300 NORTH "0" STREET, SAN BERNARDINO, CALIFORNIA 92418
SAN BERNARDINO CITY COUNCIL
NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY
TO ACQUIRE CERTAIN REAL PROPERTY
OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN
(Code of Civil Procedure, Section 1245.235)
To: Everett E. McGrew
Aldona R. McGrew
2358 Kendall Drive
San Bernardino, CA 92407
California Code of Civil Procedure, Section 1240.030, provides that the power of eminent domain may be
exercised to acquire property for a proposed project if the following conditions are established:
(a) The public interest and necessity require the project.
(b) The project is planned or located in the manner that will be most compatible with the greatest public good
and the least private injury.
(c) The property sought to be acquired is necessary for the project.
(d) The offer required by Section 7267.2 of the Government Code has been made to the owner of record.
YOUR ARE HEREBY NOTIFIED that the Mayor and Common Council at their meeting to be held on May
5, 2003, will be asked to decide if the above conditions are met concerning your property and, if so, to adopt a
Resolution of Necessity. The Public Hearing portion of the City Council meeting begins at 4:00 p.m., or as close
to that time as possible, in the Council Chambers, City Hall, 300 N. "D" Street, San Bernardino, California.
Questions concerning the amount of compensation to be paid are not a part of this proceeding and the
Mayor and Common Council do not consider such in determining whether a Resolution of Necessity should
be adopted.
The adopted Resolution will authorize the Mayor and Common Council to acquire the property by eminent
domain. A description of the required property is attached to this Notice and is marked Exhibit "A" and shown
on a plat map marked Exhibit "B".
If you file a written request to appear, which must be done within 15 days of the mailing of this Notice, you are
entitled to appear and object to the adoption of the Resolution. Objections are limited as set forth below.
All requests to appear must be sent or delivered for filing to the City Clerk, City of San Bernardino, 300 N. "D"
Street, San Bernardino, CA 92418.
The written request must actually be on file within the IS day period. Failure to file a written request results in a
waiver of your rights to appear and be heard.
Your written request to appear should include a statement of condition(s) which you feel are pertinent to your
property. The three conditions which may affect your property are set forth above (designated (a), (b) and (ell.
By designating which condition forms the basis of your concerns, and why, you will enable the Mayor and
Common Council to have a full and expeditious review made of the projects effect on your property.
For your convenience, the Mayor and Common Council will consider any written observations you may wish to
submit, so long as such written observations are filed with the City Clerk within the IS day period.
The Mayor and Common Council must adopt a Resolution of Necessity before an eminent domain proceeding
can be commenced. Within 6 months of the adoption of the Resolution of Necessity, the City will commence
eminent domain proceedings in the Superior Court in San Bernardino County (where the property is located). In
that proceeding, the court will determine the amount of compensation to which you are entitled.
If you have any questions, please call this office at (909) 384-5026 or (909) 384-5111.
Date of Notice: ApTil17, 2003
LASZLO "Les" FOGASSY,
Real Property Supervisor
EXHIBIT" A"
LEGAL DESCRIPTION FOR A PORTION OF PEPPER LINDEN DRIVE,
NORTHERL Y OF KENDALL DRIVE.
APN: 0261-231-06
McGREW
That portion of Lot 14, Tract No. 2404, as per plat thereof recorded in Book 34 of Maps, pages
52 and 53, records of the County Recorder of San Bernardino County, State of California,
described as follows:
PARCEL ONE:
An easement for street and highway purposes, and appurtenant facilities, being a portion of a
strip ofland, 100 feet wide, lying within said Lot 14, the centerline of which is described as
follows:
Beginning on the centerline of Kendall Drive, distant thereon 1010.28 feet from its intersection
with the centerline of Deerfield Street, as said street is delineated on the Map of Tract No. 10647,
as per plat thereof recorded in Book 159 of Maps, pages 39 and 40, records of said County;
thence North 320 06' 26" East, a distance of225.00 feet, to a tangent curve, concave
southeasterly, having a radius of 1850.00 feet; thence northeasterly, along said curve, through a
central angle of2 I 039' 01', an arc distance of 699.1 I feet to the point of termination.
The sidelines of said easement shall be lengthened or shortened as to commence on the
southwesterly line of said Lot 14 and terminate on the northeasterly line of said lot 14.
Contains 12,517 square feet, more or less.
PARCEL TWO:
An easement for street and highway purposes, and appurtenant facilities, described as follows:
Beginning at the most westerly corner of said Lot 14, said point also being on the northeasterly
line of Kendall Drive, having a half-width of 40 feet; thence North 320 15' 50" East, along the
northwesterly line of said Lot 14, a distance of34.79 feet; thence South 120 48' 52" East, a
distance of35.1 1 feet; thence South 32015' 50" West, a distance of 10.00 feet, to the
southwesterly line of said Lot 14 and said northeasterly line of Kendall Drive; thence North 570
44' 10" West, along said southwesterly line, a distance of24.86 feet, more or less, to the Point of
Beginning
Contains 557 square feet, more or less.
PARCEL THREE:
An easement for slope and drainage and appurtenant facilities, lying within said Lot 14, being
southeasterly of the southeasterly line of Parcel one, described above, and northwesterly of the
following described line:
Commencing at the most westerly corner of said Lot 14, said point also being on the
northeasterly line of Kendall Drive, having a half-width of 40 feet; thence North 320 15' 50"
East, along the northwesterly line of said Lot 14, a distance of 34.79 feet to the True Point of
Beginning; thence South 12048' 52" East, a distance of7.35 feet; thence North 340 43' 52" East,
a distance of 115.9 feet; thence North 35054' 05" East, a distance of 115 feet; thence North 400
33' 32" East, a distance of 140 feet; thence North 44036' 51" East, a distance of 133 feet; thence
North 38036' 36" East, a distance of33 feet; thence North 31039' 50" East, a distance of28
feet; thence North 240 48' 15" East, a distance of 34 feet; thence North 11005' 29" West, a
distance of 8 feet; thence North 390 41' 02" East, a distance of 6.16 feet; thence North 690 37'
45" East, a distance of 33.57 feet; then South 760 56' 51" East, a distance of 20.61 feet, more or
less, to the southeasterly line of said Lot 14; thence North, along said southeasterly line, a
distance of 44.28 feet, more or less, to the northwesterly comer of said Lot 14; thence
northwesterly, along the northeasterly line of said Lot 14 to the southeasterly line of the
easement described in PARCEL ONE above; thence southwesterly, along said southeasterly line,
to said northwesterly line of Lot 14; thence southwesterly, along said northwesterly line to the
True Point of Beginning.
Contains 13,942 square feet, more or less.
/ -.. See
( \ Derail"A"
I PARCEL TWO
- I POB
~ --N--s'r44"'Oi"-W---P'- 1~10.2~'~tL D~ERFI~L~S_TREE~_____
~ (P:'O~o., KENDALL DRIVE
MAP NO.1
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-
PARCE
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(p.r. T/1ree)
Detail. A.
(N. T.S.)
Right of Way
Parcel One: 12,517 sq. h. t
Parcel Two: 557 sq. h. t
Total RNV: 13,074 sq. h. t
Slope and Drainage
Easement
13,942 sq. ft. :l:
LINE DATA
A N34'43'52"E 115.9'
B N 35' 54' 05" E 11500'
C N 40' 33' 32" E 14000'
D N 44' 36' 51" E 133.00'
E N 38' 36' 36" E 33.00'
F N31'39'50"E 28.00'
G N 24' 48' 15" E 34.00'
H N 11" 05' 29" W 8.00'
I N39'41'02"E 6.16'
J N 69' 37' 45" E 33.57'
K S 76' 56' 51" E 20.61'
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Proposed Right of Way and Slape Easement
- Portion of Pepper Linden Drive, Northerly
of Kendall Drive (APN 0261-231-06)
CITY OF SAN BERNARDINO
PUBLIC WORKS/ENGINEERING
REAL PROPERTY SECTION
Created by: ~ Date: tl or-
Approve Date: Checked by: Date:
EXHIBIT "B" Revised by: Date:
DEVELOP" lENT SERVICES DEPARTMENT
300 North "D" Streel . San Bernardino' CA 92418-0001
Planning & Buildin, 909.384.5057. Fax: 909.384.5080
Public Works/Engineering 909.384.5111 . Fax: 909.384.5155
www.ci.san-bernardino.ca.us
~t,'
April 17. 2003
File No. 15.02-1413B
SENT CERTIFIED MAIL
Jean Haensly
2340 Kendall Drive
San Bernardino, CA 92407
RE: The extension of Campus Parkway (formerly referenced as Pepper Linden Drive), north
of Kendall Drive -Acquisition of a portion of APN 0261-231-07
Dear Property Owners:
You were previously sent a Notice of Intent regarding the City's proposed acquisition of a
portion of your property relative to the extension of Pepper Linden Drive (to be known as
Campus Parkway) and on January 21, 2003, a hearing was held before the Mayor and Common
Council relative to the proposed acquisition. At the conclusion of that hearing, a Resolution of
Necessity was adopted. Since the environmental documents were not approved at that time, the
Resolution of Necessity must be resubmitted to the Mayor and Council for consideration. A
Negative Declaration for this project was approved by the Mayor and Council on March 3,
2003.
The attached Notice of Intent gives you an opportunity to appear before the Mayor and Common
Council at the regular scheduled meeting of May 5, 2003, and raise questions concerning the
public interest. necessity and location of the project as it affects your property. The subject of
the amount of compensation for your property is not an issue for the Mayor and Common
Council and will not be considered by them. If the resolution is adopted. the City has the
authority to file an eminent domain action in the Superior Court. In that Superior Court
proceeding, the amount of compensation is determined.
April 17, 2003
Haensly
Extension of Campus Parkway (Pepper Linden Drive)
Page 2
If you desire to appear before the Mayor and Common Council, please submit your request to
appear, as stated in the attached Notice.
Please call this office at (909) 384-5026 or (909) 384-5111 if you need additional information.
Sincerely,
'- /./ '(7
<-;~ I ~
LASZLO "Les" FOGASSY,
Real Property Supervisor
cc: "Joe" V.C. Suarez, Council Member, Fifth Ward
Henry Empeiio, Deputy City Attorney
CI
300 NORTH "D" STREET, SAN BERNARDINO, CALIFORNIA 92418
SAN BERNARDINO CITY COUNCIL
NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY
TO ACQUIRE CERTAIN REAL PROPERTY
OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN
(Code of Civil Procedure, Section 1245.235)
To: Jean Haensly
2340 Kendall Drive
San Bernardino, CA 92407-2409
California Code of Civil Procedure, Section 1240.030, provides that the power of eminent domain may be
exercised to acquire property for a proposed project if the following conditions are established:
(a) The public interest and necessity require the project.
(b) The project is planned or located in the manner that will be most compatible with the greatest public good
and the least private injury.
(c) The property sought to be acquired is necessary for the project.
(d) The offer required by Section 7267.2 of the Government Code has been made to the owner of record.
YOUR ARE HEREBY NOTIFIED that the Mayor and Common Council at their meeting to be held on May
5, 2003, will be asked to decide if the above conditions are met concerning your property and, if so, to adopt a
Resolution of Necessity. The Public Hearing portion of the City Council meeting begins at 4:00 p.m., or as close
to that time as possible, in the Council Chambers, City Hall, 300 N. "D" Street, San Bernardino, California.
Questions concerning the amount of compensation to be paid are not a part of this proceeding and the
Mayor and Common Council do not consider such in determining whether a Resolution of Necessity should
be adopted.
The adopted Resolution will authorize the Mayor and Common Council to acquire the property by eminent
domain. A description of the required property is attached to this Notice and is marked Exhibit "A" and shown
on a plat map marked Exhibit "B".
If you file a written request to appear, which must be done within 15 days of the mailing of this Notice, you are
entitled to appear and object to the adoption of the Resolution. Objections are limited as set forth below.
All requests to appear must be sent or delivered for filing to the City Clerk, City of San Bernardino, 300 N. "D"
Street, San Bernardino, CA 924 I 8.
The written request must actually be on file within the IS day period. Failure to file a written request results in a
waiver of your rights to appear and be heard.
Your written request to appear should include a statement of condition(s) which you feel are pertinent to your
property. The three conditions which may affect your property are set forth above (designated (a), (b) and (c)).
By designating which condition forms the basis of your concerns, and why, you will enable the Mayor and
Common Council to have a full and expeditious review made of the projects effect on your property.
For your convenience, the Mayor and Common Council will consider any written observations you may wish to
submit, so long as such written observations are filed with the City Clerk within the IS day period.
The Mayor and Common Council must adopt a Resolution of Necessity before an eminent domain proceeding
can be commenced. Within 6 months of the adoption of the Resolution of Necessity, the City will commence
eminent domain proceedings in the Superior Court in San Bernardino County (where the property is located). In
that proceeding, the court will determine the amount of compensation to which you are entitled.
If you have any questions, please call this office at (909) 384-5026 or (909) 384-5111.
Date of Notice: April 17. 2003
LASZLO "Les" FOGASSY,
Real Property Supervisor
EXHIBIT" A"
LEGAL DESCRIPTION FOR A SLOPE AND DRAINAGE EASEMENT EASTERLY OF
PEPPER LINDEN DRIVE, NORTHERLY OF KENDALL DRIVE.
APN: 0261.231-07
MAP NO.2
Haensly
A slope easement and appurtenant facilities, lying within Lot 13, Tract No. 2404, as per plat
thereof recorded in Book 34 of Maps, pages 52 and 53, records of the County Recorder of San
Bernardino County, State of California, described as follows:
Beginning at the most northerly corner of said Lot 13; thence South 320 15' 50" West, along the
northwesterly line of said Lot 13, a distance of 44.28 feet; thence South 760 56' 51" East, a
distance of37.59 feet; thence South 560 50' 35" East, a distance of 11.02 feet; thence South 870
18' 35" East, a distance of 61.49 feet, more or less, to the southeasterly line of said Lot 13; thence
North 320 15' 50" East, along said southeasterly line, a distance of 14.22 feet, more or less, to the
northeasterly corner of said Lot 13; thence North 64050' 59" West, along the northeasterly line
of said Lot 13, a distance of 10 I. 77 feet, more or less, to the point of beginning.
Contains 3,233 square feet, more or less.
~AP NO.2
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(see detail below)
(3.233 sq. ft. :!:)
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k:-=: 1010,28' to elL DEERFIELD STREET ~
N57~44'1~W ----------------------------
KENDALL DRIVE -~
Proposed Slope and Drainage Easement -
Portion of Pepper linden Drive, Northerly of
Kendall Drive eAPN 0261- 231-07)
Approved:~~Date: tjk,lot..
Sr. Civil Engineer EXHIBIT "B"
Created by:
Checked by:
Revised by:
CITY OF SAN BERNARDINO
PUBLIC WORKS/ENGINEERING
REAL PROPERTY SECTION
Date: .r!-
Date: fj
Date:
DEVEHW" lENT SERVICES DEPARTMENT
300 North "DP Street. San Bernardino. CA 92418-0001
Planning & Buildin" ')()9.384.5057 . Fax: 909384.5080
Puhlic WorkslEngineeriny 909.384.5111 . Fax: 909.384.5155
www.ci.san-bernardino.ca.us
April 17,2003
File No. 15.02-1413C
SENT CERTIFIED MAIL
Athena A. Sehremelis
3221 Lilly Avenue
Long Beach, CA 90808
RE: The extension of Campus Parkway (formerly referenced as Pepper Linden Drive), north
of Kendall Drive -Acquisition of a portion of APN 0261-231-27
Dear Property Owner:
You were previously sent a Notice of Intent regarding the City's proposed acquisition of a
portion of your property relative to the extension of Pepper Linden Drive (to be known as
Campus Parkway) and on January 21,2003, a hearing was held before the Mayor and Common
Council relative to the proposed acquisition. At the conclusion of that hearing, a Resolution of
Necessity was adopted. Since the environmental documents were not approved at that time, the
Resolution of Necessity must be resubmitted to the Mayor and Council for consideration. A
Negative Dcclaration for this project was approved by the Mayor and Council on March 3,
2003.
The attached Notice of Intent gives you an opportunity to appear before the Mayor and Common
Council at the regular scheduled meeting of May 5, 2003, and raise questions concerning the
public interest, necessity and location of the project as it affects your property. The subject of
the amount of compensation for your property is not an issue for the Mayor and Common
Council and will not be considered by them. If the resolution is adopted, the City has the
authority to file an eminent domain action in the Superior Court. In that Superior Court
proceeding, the amount of compensation is determined.
April I?, 2003
Sehremelis
Extension of Campus Parkway (Pepper Linden Drive)
Page 2
If you desire to appear before the Mayor and Common Council, please submit your request to
appear, as stated in the attached Notice.
Please call this office at (909) 384-5026 or (909) 384-5111 if you need additional information.
Sincerely,
, ,. , ),/}
/~.;C~ 7 /' d--
!ASZL0 "Les" FOGASSY,
Real Property Supervisor
cc: "Joe" V.C. Suarez, Council Member, Fifth Ward
Henry Empefio, Deputy City Attorney
f: ~^ ~ ~i~~~,~~:~,~
',"" . <^"~ ". . "." v::".
clm{:off~~~ERNARDINO
\J;1~:''5>~;::.1'"
~<~;.::;:;,
v'"..
300 NORTH "D" STREET, SAN BERNARDINO, CALIFORNIA 92418
SAN BERNARDINO CITY COUNCIL
NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY
TO ACQUIRE CERTAIN REAL PROPERTY
OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN
(Code of Civil Procedure, Section 1245.235)
To: Athena A Sehremelis
3221 Lilly Avenue
Long Beach, CA 90808
California Code of Civil Procedure, Section 1240.030, provides that the power of eminent domain may be
exercised to acquire property for a proposed project if the following conditions are established:
(a) The public interest and necessity require the project.
(b) The project is planned or located in the manner that will be most compatible with the greatest public good
and the least private injury.
(c) The property sought to be acquired is necessary for the project.
(d) The offer required by Section 7267.2 of the Government Code has been made to the owner of record.
YOUR ARE HEREBY NOTIFIED that the Mayor and Common Council at their meeting to be held on May
5, 2003, will be asked to decide if the above conditions are met concerning your property and, if so, to adopt a
Resolution of Necessity. The Public Hearing portion of the City Council meeting begins at 4:00 p.m., or as close
to that time as possible, in the Council Chambers, City Hall, 300 N. "0" Street, San Bernardino, California.
Questions concerning the amount of compensation to be paid are not a part of this proceeding and the
Mayor and Common Council do not consider such in determining whether a Resolution of Necessity should
be adopted.
The adopted Resolution will authorize the Mayor and Common Council to acquire the property by eminent
domain. A description of the required property is attached to this Notice and is marked Exhibit "A" and shown
on a plat map marked Exhibit "B".
If you file a written request to appear, which must be done within 15 days of the mailing of this Notice, you are
entitled to appear and object to the adoption of the Resolution. Objections are limited as set forth below.
All requests to appear must be sent or delivered for filing to the City Clerk, City of San Bernardino, 300 N. "0"
Street, San Bernardino, CA 92418.
The written request must actually be on file within the 15 day period. Failure to file a written request results in a
waiver of your rights to appear and be heard.
Your written request to appear should include a statement of condition(s) which you feel are pertinent to your
property. The three conditions which may affect your property are set forth above (designated (a), (b) and (c)).
By designating which condition forms the basis of your concerns, and why, you will enable the Mayor and
Common Council to have a full and expeditious review made of the projects effect on your property.
For your convenience, the Mayor and Common Council will consider any written observations you may wish to
submit, so long as such written observations are filed with the City Clerk within the 15 day period.
The Mayor and Common Council must adopt a Resolution of Necessity before an eminent domain proceeding
can be commenced. Within 6 months of the adoption of the Resolution of Necessity, the City will commence
eminent domain proceedings in the Superior Court in San Bernardino County (where the property is located). In
that proceeding, the court will determine the amount of compensation to which you are entitled.
If you have any questions, please call this office at (909) 384-5026 or (909) 384-5111.
Date of Notice: April 17. 2003
LASZLO "Les" FOGASSY,
Real Property Supervisor
EXHIBIT" A"
LEGAL DESCRIPTION FOR A SLOPE AND DRAINAGE EASEMENT EASTERLY OF
PEPPER LINDEN DRIVE, NORTHERLY OF KENDALL DRIVE.
APN: 0261-231-27
Map No.3
Sehremelis
A slope easement and appurtenant facilities, lying within Lot 12, Tract No. 2404, as per plat
thereof recorded in Book 34 of Maps, pages 52 and 53, records of the County Recorder of San
Bernardino County, State of California, described as follows:
Beginning at the northwesterly comer of said Lot 12; thence South 320 15' 50" West, a distance
of 14.22 feet; thence South 87018' 35" East, a distance of 20.46 feet; thence South 58015' 35"
East, a distance of20.49 feet; thence South 780 55' 17" East, a distance of20.57 feet, more or
less, to the northeasterly line of said Lot 12; thence North 64050' 39" West, along said
northeasterly line of Lot 12, a distance of 54.85 feet, more or less, to the point of beginning.
Contains 422 square feet, more or less.
MAP NO.3
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Slope and Drainage Easement
(see detail below)
(422 sq. ft. :t)
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to elL DEERFIELD STREET
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KENDALL
Proposed Slope and Drainage Easement -
Portion of Pepper Linden Drive, Northerly of
Kendall Drive (APN 0261-231-27)
APprove~ate: 8'/~.;t
Sr. Civil gineer EXHlilIT "B"
DRIVE
a
U1
CITY OF SAN BERNARDINO
PUBLIC WORKS/ENGINEERING
REAL PROPERTY SECTION
Created by:
Checked by:
Date:
Revised by:
Date:
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
NOTICE OF INTENT
FROM:
CITY OF SAN BERNARDINO
Development Services Department
300 North "D" Street
San Bernardino, CA 924 I 8
TO:
t8I
OFFICE OF PLANNING AND RESEARCH
1400 Tenth Street, Room 121
Sacramento, CA 95814
t8I COUN! Y CLERK
County of San Bernardino
385 North Arrowhead Avenue
San Bernardino, CA 92415
SUBJECT:
Filing of Notice ofIntent to adopt a Mitigated Negative Declaration III compliance with Section 21080c of
the Public Resources Code and Sections 15072 and 15073 of the CEQA Guidelines.
Project Title: Public Works Project # PWP 01-03
State Clearinghouse Number (if submitted to Clearinghouse): 2002071130
Lead Agency Contact Person:
Area CodelTelephone:
Mehran Sepehri
909.384.5111
Project Location (include county): The project site is located in the City/County of San Bernardino.
.,~, .....
Project Description: Construction of Pepper Linden Drive from Kendall Drive to Northpark Boulevard. Improvements
include acquisition of right-of-way, grading the roadbed to full width, and constructing two lanes of an ultimate four-lane
arterial.
This is to notify the public and interested parties of the City of San Bernardino's intent to adopt a Mitigated Negative
Declaration for the above referenced project. The mandatory public review period will begin on Wednesday, July 17, 2002 and
will end on Friday, August 23, 2002. The Initial Study and supporting Technical Studies are available for public review at the
public counter in the Development Services Department, located on the third floor of City Hall (address listed above) and the
Feldheym Library, 555 W. 6- Street. San Bernardino, 92410.
The project site is not listed in the State of California Hazardous Waste and Substances Sites List pursuant to Government
Code Section 65962.5(E).
Following the public review period, the project and proposed Mitigated Negative Declaration will be reviewed by the City's
Development/Environmental Review Committee on Thursday, August 29, 2002 at 9:00 a.m. in Conference Room-A located
on the fourth floor of City Hall.
Signature: VaiJ.AiJJu,& r'.Hf
Date: Julv 17. 2002
Title: Senior Civil Emzineer
Date received for filing at OPR:
SCH # 2002071130
Notice of Completion and Environmental Document Transmittal Form
i.
2.
3.
3a.
3b.
3c.
3d.
3e.
Project Title:
Lead Agency:
Contact Person:
Street Address:
City:
County:
Zip:
Phone:
Public Works Project #PWP 01-03
City of San Bernardino
Mehran Sepeheri
300 North "D" Street
San Bernardino
San Bernardino
92418
909.384.5111
Project Location:
4.
4a.
4b.
4c.
Sa.
5b.
6.
County: San Bernardino
City/Community: San Bernardino
Assessor's Parcel No.: N/A
Section: 7 Twp. IN
Cross Street: Kendall Drive
For Rural, Nearest Community:
Within 2 miles: a. State Hwy #: 1-215
b. Airports:
c. Railways:
d. Waterways:
Range: 4W
7.
Document Type
CEQAOi. 0 Nap
02. 0 Early Cons
03. ~ Neg Dec
04. 0 Draft EIR
05.0 Supplement/Subsequent EIR
(Prior SCH No.: )
06. 0 NOE
07.0 NOC
08. 0 NOD
NEPA 09.DNOI
10.0 PONSI
II. 0 Draft EIS
12. 0 EA
OTHER 13.0 Joint Document
14.0 Final Document
15.0 Other
8. Local Action Type
o\. 0 General Plan Update 06.0 Specific Plan
02. 0 New Element 07. 0 Community Plan
03.0 General Plan Amendment 08.0 Redevelopment
04.0 Master Plan 09.0 Rezone
I\. 0 Use Permit
12.0 Waste Mgmt Plan
13.0 Cancel Ag Preserve
14. ~ Other-Public Works Pro
Project
05. 0 Annexation
10.0 Land Division (Subdivision,
Parcel Map, Tract Map, etc.)
Reviewing Agencies
o Resources Agency
o Boating / Waterways
o Conservation
I:8J Fish and Game
o Forestry
I:8J Caltrans District 8
o Dept. of Transportation Planning
o Aeronautics
o California Highway Patrol
o Housing and Community
Development
o Colorado River Board 0 Statewide Health Planning
o Dept. Water Resources 0 Health
o Reclamation 0 Food and Agriculture
o Parks and Recreation 0 Public Utilities Commission
o Office of Historic Preservation 0 Public Works
o Native American Heritage Commission 0 Corrections
o S.F. Bay Conservation and Development Commission 0 General Services
o Coastal Commission 0 aLA
o Energy Commission 0 Santa Monica Mountains
o State Lands Commission 0 TRPA
I:8J Air Resources Board 0 OPR - OLGA
o Solid Waste Management Board 0 OPR - Coastal
o SWRCB: Sacramento 0 Bureau of Land Management
o RWQCB: Region #_ 0 Forest Service
o Water Rights 0 Other
o Water Quality D Other
For SCH USE Only:
Date Received at SCH
Date Review Starts
Date to Agencies
Date to SCH
Catalog Number
Applicant
Consultant
Contact
Address
Clearance Date
Notes:
9. Development Type
01. 0 Residential
02. 0 Office
03. 0 Shopping/Commercial
04. 0 Industrial
05. 0 Water Facilities
06. ~ Transportation
07. 0 Mining
08. 0 Power
09. 0 Waste Treatment
10. Docs Related
II. 0 Other:
Acres:
Acres:
Acres:
Acres:
Units:
Sq.ft.:
Sq.ft.:
Sq.ft.:
MGD:
Type: Construction of new street
Mineral:
Type:
Type:
Employees:
Employees:
Employees:
Watts:
10. Total Acres: 9
11. Total Jobs Created: N/A
12. Project Issues Discussed In Document
01. 0 Land Use Planning
02. 0 Population & Housing
03. ~ Earth Resources
04. ~ Air Quality
05. ~ Transportation/Circulation
06. ~ Biological Resources
07. 0 Energy & Mineral Resources
08. 0 Hazards
09. 0 Hazards
10. 0 Noise
11. ~ Public Services
12.0 Utilities
13.0 AestheticsNisual
14.0 Cultural Resources
15.0 Recreation
13. Funding (approx.) Gas Tax $500,700
14. Present Land Use and Zoning: RL, Residential Low and RU-l, Residential Urban
15. Project Description: Construction of Pepper Linden Drive from Kendall Drive to Northpark
Boulevard. Improvements include acquisition of right-of-way, grading the roadbed to full width, and
constructing two lanes of an ultimate four-lane arterial.
Signature of Lead Agency Representative:
V A1J;.W {;.roo, ~ M If
16.
01/?o/01/
.
Date
~.' ~''''''f:
-7~"'~~~~
.~~~-
~'-'r'. ~,~:,!>"..t:;-.,
'.~l~~4 .v
.~"j1-,c;;;.~",
'l;)J.I'"
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
NOTICE OF INTENT
FROM:
CITY OF SAN BERNARDINO
Development Services Department
300 North "D" Street
San Bernardino, CA 92418
TO:
181
OFFICE OF PLANNING AND RESEARCH
1400 Tenth Street, Room 121
Sacramento, CA 95814
181 COUNTY CLERK
County of San Bernardino
385 Nonh Arrowhead Avenue
San Bernardino, CA 92415
SUBJECT:
Filing of Notice of In ten I to adopt a Mitigated Negative Declaration in compliance with Section 21080c of
the Public Resources Code and Sections 15072 and 15073 of the CEQA Guidelines,
Project Title: Puhlic Works Project # PWP 01-03
State Clearinghouse Number (if submitted to Clearinghouse):
Lead Agency Contact Person:
Area Codeffelepbone:
Mebran Sepehri
909.384.5111
Project Location (include county): The project site is located in the City/County of San Bemardino_
';p>roject Description: Construction of Pepper Linden Drive from Kendall Drive to Northpark Boulevard. Improvements
. 'include acquisition of right-of-way, grading the roadbed to full width, and constructing two lanes of an ultimate four-lane
arterial.
This is to notify the public and interested parties of the City of San Bernardino's mtentto adopt a Mitigated Negative
Declaration for the above referenced project. The mandatory public review period will begin on W edoesday, July 17, 2002 and
will end on August 16, 2002, The Initial Study and supponing Technical Studies are available for public reviewal the public
counter in the Development Services Department, located on the third Iloor of City Hall (address listed above) and the
Feldbeym Library, 555 W, 6'" Street, San Bernardino, 92410.
The project site is not listed in the State of California Hazardous Waste and Substances Sites List pursuant to Government
Code Section 65962.5(E),
,
Following the public review period, the project and proposed Mitigated Negative Declaration will be reviewed by lht City's
Development/Environmental Review Corrunillee on Thursday, August 22, 2002 at 9:00 a,m, in Conferen~~ Room-AJocated
on the founh Iloor of City Hall.
Signa/:,~_ /' c-: ./'t'-v Date: Julv 17.2002
/lIe- t;,.-.... )-"1''''' r,
Date received for tiling at OPR:
Title: Senior Civil Eneineer
City of San Bernardino, California
Department of Development Services/Public Works Division
VICINITY MAP
Street Improvements
FOR
PEPPER-LINDEN DRIVE
(CAMPUS PARKWAY)
FROM
KENDALL DR. TO NORTHPARKBLVD.
_/--14'0.
"'!:Is"
"',,1'..-:
A,1(
1""')>'.
CALIFORNIA
( s~rr
, LWIVE/lSlTY
, I ) SAN BERiAIIDIMJ
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~\ 'rr I .T"'~~
f"'''- ".., .. ./ J. ~\.....~ _.~ -I' ~ \
Q;".~.r:-y:, .... \
<"'8'-,./,) ~C' _. \
w
~
~
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~
c'\."/
'\..:~'
VICINITY
MAP
N.T.s.
From:
Valerie Ross, City Planner
...'~ >~
Mehran Sepehri, Senior Engineer
To:
Subject:
Scheduling Initial Study Report for Pepper Linden Avenue from Kendall
Dr to Northpark Blvd on Environmental Review Committee (ERC),
regular meeting date May 23, 2002.
Date:
May 6, 2002
CC:
Ray Casey, City Engineer
Y oun Kim, Senior Engineer
The City has a plan to construct two travel lanes of a future 4 lane roadway for Pepper
Linden Avenue from Kendall Drive to Northpark Boulevard. This project also includes
grading the roadway to full width (4 lane), construction of storm drainage system,
planting of trees and landscaping the parkway, installation of traffic signal at Pepper
Linden Avenue and Kendall Drive and acquisition of Right-of-Way to accommodate the
ultimate 4 lane street configuration including slope easements.
As you know prior to construction the City is required to complete the CEQA process for
this project. Please include attached Initial Study report for your May 23, 2002
Environmental Review Committee meeting. We are recommending a Negative
Declaration for the project. Please let me know when I have to take the Negative
Declaration to the City Council for adoption.
If you need additional information please let me know. As always thank you for your
assistance and help.
ulr~~L5U \'!J ~IOl
AUG 2 82002 L!V
5 TAT E 0 F CALI FOR N I A CITY OF ':~
SAN BERNARDINO A :'I.
Governor's Office of Planning and It~~~~~~~VICES (~... )
.~.
State Clearinghouse ....",,~
\t
Gray Davis August 26. 2002
GOVERNOR
Tal Finney
INTERIM DIRECTOR
Mehran Sepehri
City of San Bernardino
300 North 0 Street
San Bernardino, CA 92418
Subject: Public Works Project #PWP 01-03
SCH#: 2002071130
Dear Mehran Sepehri:
The State Clearinghouse submitted the above named Negative Declaration to selected statc agencies for
review. The review period closed on August 23, 2002, and no state agencies submitted comments by that
date. This letter acknowledges that you have complied with the State Clearinghouse review requirements
for draft environmental documents, pursuant to the California Environmental Quality Act.
Please call the State Clearinghouse at (916) 445-0613 if you have any questions regarding the
environmental review process. If you have a question about the above-named project, please refer to the
ten-digit State Clearinghouse number when contacting this office.
Sincerely,
~r~
Director, State Clearinghouse
1400 TENTH STREET P.O. BOX )044 SACRAMENTO, CALIFORNIA 95812-)044
916-445-061} FAX 910-323-3018 www.opr.ca.gov
!\\l"
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State Clearinghouse Data Base
~
SCH#
Project Title
Lead Agency
2002071130
Public Worns Project #PWP 01-03
San Bernardino, City of
Type
Description
Neg Negative Declaration
Construction of Pepper Linden Drive from Kendall Drive to Northpark Boulevard. Improvements
include acquisition of right-of-way, grading the road to full width, and constructing two lanes of an
ultimate four-lane.
Lead Agency Contact
Name Mehran Sepehri
Agency City of San Bernardino
Phone 909384-5111
email
Address
City
Fax
300 North D Street
San Bernardino
State CA Zip 92418
Project Location
County San Bernardino
City
Region
Cross Streets Kendall Drive to Northpark Boulevard
Parcel No.
Township Range
Section Base
Proximity to:
Highways
Airports
Railways
Waterways
Schools
Land Use
4 Lane Major Arterial Highway
Project Issues
Air Quality; Geologic/Seismic; Public Services; Traffic/Circuiation; Biological Resources
Reviewing
Agencies
Resources Agency; Department of Fish and Game, Region 6; Department of Parks and Recreation;
Department of Water Resources; California Highway Patrol; Caltrans, District 8; Air Resources Board.
Transportation Projects;' Regional Water Quality Control Board, Region 8; Native American Heritage
Commission; State Lands Cornmissi<m
Date Received 07/25/2002
Start of Review 07/25/2002
End of Review 08/23/2002
Note: Blanks In data fields result from insufficient information provided by lead agency.
CITY OF SAN BER"I'ARDINO
INITIAL STUDY
FOR
Public Works Project # PWP 01-03
File # 7007
PROJECT DESCRIPTlONILOCA TlON:
Street Improvements of Pepper Linden Avenue
From Kendall Dr to Northpark Blvd
In the City of San Bernardino
DATE: May 6, 2002
APPLICANT:
Division of Public Works / City Engineer
Department of Development Services
City of San Bernardino
San Bernardino CA 92418
PREPARED BY:
Mehran Sepehri
Senior Civil Engineer
REVIEWED BY
Independently reviewed, analyzed and judgement exercised
in making the determination, by the Environmental Review
Committee in May 23.2002, pursuant to Section 21082
of the California Environmental Quality Act (CEQA)
City of San Bernardino
Development Service Department
300 North "D" Street
San Bernardino, CA 92418
(909) 384-5 III
CITY OF SAN BERNARDINO
PLANNING AND BUILDING SERVICES
INITIAL STUDY
The California Environmental Quality Act (CEQA) requires the preparation of an Initial Study when a
proposal must obtain discretionary approval from a governmental agency and is not exempt from CEQA.
The purpose of the Initial Study is to determine whether or not a proposal, not exempt from CEQA,
qualifies for a Negative Declaration or whether or not an Environmental Impact Report (EIR) must be
prepared.
1.
Project Title:
Street Improvements of Pepper Linden A venue from Kendall Dr to
Northpark Blvd in the City of San Bernardino. Initial Study Public Works
Project # PWP 01-03, & Project # 7007
2.
Lead Agency Name:
Address:
City of San Bernardino
300 North '0' Street
San Bernardino, CA 92418
3.
Contact Person:
Phone Number:
Mehran Sepehri, P.E.
(909) 384-5127
. 4. Project Location (Address/Nearest cross-streets):
Pepper Linden A venue from Kendall Dr to Northpark Blvd in the City of San Bernardino.
5.
Project Sponsor:
Address:
City of San Bernardino
300 North '0' Street
San Bernardino, CA 92418
6. General Plan Designation: 4 Lane Major Arterial Highway
7. Description of Project (Describe the whole action involved, including but not limited to later
phases of the project, and any secondary, support, or olT-site features necessary for its
implementation. Attach additiOlial sheets, if necessary):
The work to be done consists' , in general, of construction of two lanes of a future 4 lane arterial
highway known as Pepper-Linden Street from Kendall Drive to Northpark Boulevard. The project
includes grading the roadbed full width and acquisition of right of way to accommodate the ultimate
4 land configuration. A drainge pipe and planting of trees in the parkway area, and installation of
traffic signal at Pepper-Lined Street and Kendall Drive are also part of this projet.
8. Surrounding Land Uses and Setting:
Vacant land
9. Other agencies whose approval is required (e.g., permits, fInance approval, or participation agreement):
N/A
tS 1
CITY OF SAN BERNARDINO
PLANNING AND BUILDING SERVICES
INITIAL STUDY
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environinental factors checked below would be potentially affected by this project, involving at least
one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
0 Land Use and Planning l'8J Transportation/Circulation l'8J Public Services
0 Population and Housing l'8J Biological Resources 0 Utilities and Service Systems
l'8J Geological 0 Energy and Mineral Resources 0 Aesthetics
0 Water 0 Hazards 0 Cultural Resources
l'8J Air Quality 0 Noise 0 Recrealion
0 Mandalory Findings of Significance
Determination.
On the basis of this Initial Study, the City of San Bernardino, Environmental Review
Committee finds:
That the proposed project COULD NOT have a significant effect on the environment, and 0
a NEGATIVE DECLARATION will be prepared.
That although the proposed project could have a significant effect on the environment, [gJ
there will not be a significant effect in this case because the mitigation measures described
on an attached sheet have been added to the project. A NEGATIVE DECLARATION
will be prepared.
That the proposed project MAY have a significant effect on the environment, and an 0
ENVIRONMENTAL IMPACT REPORT is required.
That although the proposed project could have a significant effect on the environment, 0
there WILL NOT be a significant effect in this case because all potentially significant
effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable
standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including
revisions or mitigation measures that are imposed upon the proposed project.
! I'
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. it--!l,,<~1'M.
Signature
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,
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Date
Mehran Sepehri
Printed Name
IS 2
CITY OF SAN BERNARDINO
PLANNING AND BUILDING SERVICES
INITIAL STUDY
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
I. LAND USE AND PLANNING. Will the
proposal result in:
a) A conflict with the land use as designated 0 0 0 rgj
based on the review of the General Plan
Land Use Plan/Zoning Districts Map?
b) Development within an Airport District as 0 0 0 rgj
identified in the Air Installation
Compatible Use Zone (AICUZ) Report
and the Land Use Zoning District Map?
c) Development within Foothill Fire Zones 0 0 0 rgj
A & B, or C as identified on the Land
Use Districts Zoning Map?
d) Other? 0 0 0 rgj
II. POPULATION AND HOUSING. Will the
proposal:
a) Remove existing housing (including 0 0 0 rgj
affordable housing) as verified by a site
survey levaluation?
b) Create a significant demand for additional 0 0 0 rgj
housing based on the proposed use and
evaluation of project size?
c) Induce substantial growth in an area 0 0 0 rgj
either directly or indirectly (e.g., through
projects in an undeveloped area or an
extension of major infrastructure)?
IS3
CITY OF SAN BERNARDINO
PLANNING AND BUILDING SERVICES
INITIAL STUDY
III. EARTH RESOURCES: Will the proposal result
m:
a) Earth movement (cut and/or fill) on 0 0 [gJ 0
slopes of 15% or more?
b) Development and/or grading on a slope 0 0 0 [gJ
greater than 15 % natural grade based on
review of General Plan HMOD map?
c) Erosion, dust or unstable soil conditions 0 0 [gJ 0
from excavation, grading or flu?
d) Development within the Alquist-Priolo 0 0 0 [gJ
Special Studies Zone as defined in Section
12.0-Geologic & Seismic, Figure 47, of
the City's General Plan?
e) Modification of any unique geologic or 0 0 0 [gJ
physical feature based on field review?
t) Development within areas defined as 0 0 0 [gJ
having high potential for water or wind
erosion as identified in Section 12.0-
Geologic & Seismic, Figure 53, of the
City's General Plan?
g) Modification of a channel, creek or river 0 0 0 [gJ
based on a field review or review of
USGS Topographic Map ?
h) Development within an area subject to 0 0 0 ~
landslides, mudslides, subsidence or other
similar hazards as identified in Section
12.0-Geologic & Seismic, Figures 48,
51,52 and 53 of the City's General Plan?
i) Development within an area subject to 0 0 0 [gJ
liquefaction as shown in Section 12.0-
Geologic & Seismic, Figure 48, of the
City's General Plan?
j) Other? 0 0 0 [gJ
IS4
CITY OF SAN BERNARDINO
PLANNING AND BUILDING SERVICES
INITIAL STUDY
IV. WATER. Will the proposal result in:
a) Changes in absorption rates, drainage 0 0 0 ~
patterns, or the rate and amount of
surface runoff due to impermeable
surfaces that cannot be mitigated by
Public Works Standard Requirements to
contain and convey runoff to approved
storm drain based on review of the
proposed site plan?
b) Significant alteration in the course or flow 0 0 0 ~
of flood waters based on consultation with
Public Works staff?
c) Discharge into surface waters or any 0 0 0 ~
alteration of surface water quality based
on requirements of Public Works to have
runoff directed to approved storm drains?
d) Changes in the quantity or quality of 0 0 0 ~
ground water?
e) Exposure of people or property to flood 0 0 0 ~
hazards as identified in the Federal
Emergency Management Agency's Flood
Insurance Rate Map, Community Panel
Number , and Section 16.0-
Flooding, Figure 62, of the City's
General Plan?
t) Other? 0 0 0 ~
V. AIR QUALITY. Will the proposal:
a) Violate any air quality standard or 0 0 ~ 0
contribute to an existing or projected air
quality violation based on the thresholds
in the SCAQMD's "CEQA Air Quality
Handbook"?
b) Expose sensitive receptors to pollutants? 0 0 0 ~
c) Alter air movement, moisture, or 0 0 0 ~
temperature, or cause any change in
climate?
IS 5
CITY OF SAN BERNARDINO
PLANNING AND BUilDING SERVICES
INITIAL STUDY
d) Create objectionable odors based on 0 0 0 ~
infonnation contained in the Preliminary
Environmental Description Fonn?
VI. TRANSPORT A TION/CIRCULA TION. Could
the proposal result in:
a) A significant increase in traffic volumes 0 0 0 ~
on the roadways or intersections or an
increase that is significantly greater than
the land use designated on the General
Plan?
b) Alteration of present patterns of 0 0 ~ 0
circulation?
c) A disjointed pattern of roadway 0 0 0 ~
improvements?
d) Impact to rail or air traffic? 0 0 0 ~
e) Insufficient parking capacity on-site or 0 0 0 ~
.... off-site based on the requirements in
Chapter 19.24 of the Development Code?
0 Increased safety hazards to vehicles, 0 0 0 ~
bicyclists or pedestrians?
g) Conflict with adopted policies supporting 0 0 0 ~
alternative transportation?
h) Inadequate emergency access or access to 0 0 0 ~
nearby uses?
i) Other? 0 0 0 ~
VII. BIOLOGICAL RESOURCES. Could the
proposal result in:
a) Development within the Biological 0 0 0 ~
Resources Management Overlay, as
identified in Section 10.0- Natural
Resources, Figure 41, of the City's
General Plan?
b) Impacts to endangered, threatened or rare 0 0 0 [gJ
species or their habitat (including, but not
limited to, plants, mammals, fish, insects
and birds)?
IS 6
CITY OF SAN BERNARDINO
PLANNING AND BUilDING SERVICES
INITIAL STUDY
c) Impacts to the wildlife disbursal or 0 0 0 C8J
migration corridors?
d) Impacts to wetland habitat (e.g., marsh, 0 0 0 C8J
riparian and vernal pool)?
e) Removal of viable, mature trees based on 0 0 0 C8J
information contained in the Preliminary
Environmental Description Form and
verified by site survey/evaluation (6" or
greater trunk diameter at 4' above the
ground)?
t) Other? 0 0 0 C8J
VIII. ENERGY AND MINERAL RESOURCES.
Would the proposal:
a) Conflict with adopted energy 0 0 0 C8J
conservation plans?
b) Use non-renewable resources in a 0 0 0 C8J
wasteful and inefficient manner?
c) Result in the loss of availability of a 0 0 0 C8J
known mineral resource that would be of
future value to the region and the
residents of the State?
IX. HAZARDS. Will the proposal:
a) Use, store, transport or dispose of 0 0 0 C8J
hazardous or toxic materials based on
information contained in the Preliminary
Environmental Description Form, No.
G(l) and G(2) (including, but not limited
to, oil, pesticides, chemicals or
radiation)?
b) Involve the release of hazardous 0 0 0 C8J
substances?
c) Expose people to the potential 0 0 0 r8J
health/safety hazards?
d) Other? 0 0 0 r8J
IS 7
CITY OF SAN BERNARDINO
PLANNING AND BUILDING SERVICES
INITIAL STUDY
X. NOISE. Could the proposal result in:
a) Development of housing, health care 0 0 0 ~
facilities, schools, libraries, religious
facilities or other noise sensitive uses in
areas where existing or future noise levels
exceed an Ldn of 65 dB(A) exterior and
an Ldn of 45 dB(A) interior as identified
in Section l4.0-Noise, Figures 57 and 58
of the City's General Plan?
b) Development of new or expansion of 0 0 0 ~
existing industrial, commercial or other
uses which generate noise levels above an
Ldn of 65 dB(A) exterior or an Ldn of 45
dB(A) interior that may affect areas
containing housing, schools, health care
facilities or other sensitive uses based on
information in the Preliminary
Environmental Description Form No.
G(l) and evaluation of surrounding land
uses No. C, and verified by site
survey/evaluation?
c) Other? 0 0 0 ~
XI. PUBLIC SERVICES. Would the proposal have
an effect upon, or result in a need for new or
altered government services in any of the
following areas:
a) Fire protection? 0 0 0 ~
b) Medical Aid? 0 0 0 ~
c) Police protection? 0 0 0 ~
d) Schools? 0 0 0 ~
e) Parks or other recreational facilities? 0 0 0 ~
t) Solid waste disposal? 0 0 0 ~
g) Maintenance of public facilities, including 0 0 ~ 0
roads?
h) Other governmental services? 0 0 0 ~
XII. UTILITIES: Will the proposal, based on the
responses of the responsible Agencies,
IS 8
CITY OF SAN BERNARDINO
PLANNING AND BUilDING SERVICES
INITIAL STUDY
Deparunems, or Utility Company, impact the
following beyond the capability to provide
adequate levels of service or require the
conStruction of new facilities?
a) Natural gas? 0 0 0 ~
b) Electricity? 0 0 0 ~
c) Communications systems? 0 0 0 ~
d) Water distribution? 0 0 0 ~
e) Water treatment or sewer? 0 0 0 ~
f) Stonn water drainage? 0 0 0 ~
g) Result in a disjoimed pattern of utility 0 0 0 ~
extensions based on review of existing
patterns and proposed extensions?
h) Other? 0 0 0 ~
XIII. AESTHETICS.
,,~:~, a) Could the proposal result in the 0 0 0 ~
obstruction of any significant or important
scenic view based on evaluation of the
view shed verified by site
survey/evaluation?
b) Will the visual impact of the project 0 0 0 ~
create aesthetically offensive changes in
the existing visual setting based on a site
survey and evaluation of the proposed
elevations?
c) Create significant light or glare that could 0 0 0 ~
impact sensitive receptors?
d) Other? 0 0 0 ~
XIV. CULTURAL RESOURCES. Could the proposal
result in:
a) Development in a sensitive archaeological 0 0 0 ~
area as identified in Section 3.0-
Historical, Figure 8, of the City's General
Plan?
b) The alteration or destruction of a 0 0 0 ~
prehistoric or historic archaeological site
IS 9
CITY OF SAN BERNARDINO
PLANNING AND BUILDING SERVICES
INITIAL STUDY
by development within an archaeological
sensitive area as identified in Section 3.0-
Historical, Figure 8, of the City's General
Plan?
c) Alteration or destruction of a historical 0 0 0 r8I
site. structure or object as listed in the
City's'Historic Resources Reconnaissance
Survey?
d) Other? 0 0 0 r8I
XV. RECREATION. Would the proposal:
a) Increase the demand for neighborhood or 0 0 0 r8I
regional parks or other recreational
facilities?
b) Affect existing recreational opportunities? 0 0 0 r8I
IS 10
CITY OF SAN BERNARDINO
PLANNING AND BUILDING SERVICES
INITIAL STUDY
XVI. MANDATORY FINDINGS OF
SIGNIFICANCE.
a) Does the project have the potential to 0 0 0 [gJ
degrade the quality of the environment,
substantially reduce the habitat of a fish
or wildlife species, cause a fish or
wildlife population to drop below self-
sustaining levels, threaten to eliminate a
plant or animal community, reduce the
number or restrict the range of a rare or
endangered plant or animal, or eliminate
important examples of the major periods
of California history or prehistory?
b) Does the project have the potential to 0 0 0 [gJ
achieve short-term, to the disadvantage of
long-term, environmental goals?
c) Does the project have impacts that are 0 0 0 [gJ
individually limited, but cumulatively
considerable? ("Cumulatively
considerable" means that the incremental
effects of a project are considerable when
viewed in connection with the effects of
past projects, the effects of other current
projects, and the effects of probable
future projects.)
d) Does the project have environmental 0 0 0 [gJ
effects which will cause substantial
adverse effects on human beings, either
directly or indirectly?
IS II
CITY OF SAN BERNARDINO
PLANNING AND BUILDING SERVICES
INITIAL STUDY
REFERENCES. The following references and reports cited in the Initial Study are on me in the
Development Services Department in Planning, Building Services or Public Works/Engineering Division.
I. City of San Bernardino General Plan.
2. City of San Bernardino General Plan Land Use Plan/Zoning Districts Map.
3. City of San Bernardino Development Code (Title 19 of the San Bernardino Municipal Code).
4. City of San Bernardino Historic Resources Reconnaissance Survey.
5. Alquist-Priolo Earthquake Fault Zones Map.
6. South Coast Air Quality Management District, CEQA Air Quality Handbook.
7. Federal Emergency Management Agency, Flood Insurance Rate Maps.
8. Public Works Standard Requirements - water.
9 Public Works Standard Requirements - grading.
10 The Natural Resources Assessment, Inc report for Kangaroo rat. No Kangaroo rat was detected.
11 The Tom Dodson & Associates report for Gnatcatcher. No Gnatcatcher was detected.
DISCUSSION OF SPECIFIED CHECKLIST RESPONSES
The following responses are numbered to correspond to checklist in the previous section
III. EARTH RESOURCES
b) Grading a slope will be mitigated by chapter 70 Uniform Building code standard and geotecnical
inspection during grading activities.
c) Excavation necessary for street extension will be mitigated by Standard Public Works Grading
Requirements to minimize dust pollution.
V. AIR QUALITY
a) Air quality is affected by both the rate and location of pollutant emissIons and by
meteorological conditions which influence movement and dispersal of pollutants. Atmospheric
conditions such as wind speed, wind direction, and air temperature gradients, along with local
topography, provide the link between air pollutants, and air quality.
The project is in the nortlleast portion on the South coast Air Basin (SCAB), which includes
Orange county, and portions of Los Angeles, Riverside, and San Bernardino counties. The
SCAB is an area of 6,600 square miles bounded by the Pacific Ocean to the west and the San
Gabriel, San Bernardino, and San Jacinto mountains to the north and east. The mountains
which reach heights of up to 11,000 feet above sea level (msl), act to prevent airflow and thus
the transport of air pollutants out of the basin.
IS 12
CITY OF SAN BERNARDINO
PLANNING AND BUILDING SERVICES
INITIAL STUDY
The San Bernardino Valley portion of the SCAG is designated non-anainment for nitrogen
dioxide, sulfates, particular maner, and ozone.
(a) SCAQMD adopted the Final 1994 Air Quality Management Plan (AQMP) revision in
September 1994 and a draft 1997 update in August 1996 to establish a comprehesive
control.
(b) Fugitive dust generated by construction activities during development and operation of the
project would add to ambient PMIO levels but will not exceed SCAQMD threshold of
l50Jbs/day with mitigation. Implementation of the following mitigation measure will
ensure impacts from fugitive dust generation during construction and operational activities
will be less that significant and will aid the City in meeting General Plan Policies 10.10.2
and 10.10.4:
(c) Policy 10.10.2 Require dust abatement measures during grading and construction
operations.
(d) Policy 10.10.4 Cooperate with the South Coast Air Quality Management District and
incorporate pertinent local implementation provisions of the Air Quality Management Plan.
(e) Implementation of SCAQMD Rule 403 and standard construction practices during all
operations capable of generating fugitive dust, will include but not be limited to the use of
best available control measures, including:
I) Water active grading areas and staging areas at least twice daily as needed;
2) Ensure spray bars on all processing equipment are in good operating condition;
3) Apply water or soil stabilizers to form crust in inactive construction areas and unpaved
work areas;
4) Suspend grading activities when wind gusts exceed 25 mph;
5) Sweep public paved roads if visible soil material is carried off site;
6) Enforce on site speed limits on paved surfaces to 15 mph; and
7) Discontinue construction activities during Stage I smog episodes.
IS 13
CITY OF SAN BERNARDINO
PLANNING AND BUILDING SERVICES
INITIAL STUDY
VI.
TRANSPORT ATION/CIRCULA nON
b) The proposed Pepper-Linden Drive is a new section of roadway between Northpark
Boulevard and Kendall Drive. The traffic from California State University, San
Bernardino, will have an alternate route to the Interstate 10 Freeway from the
existing University Avenue.
XI.
PUBLIC SERVICE
g) The proposed new roadway, landscape median, parkway and traffic signal will
require more maintenance to the public facilities. The City's Public Services and
Development Services Departments are already to maintain these facilities.
IS 14
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City of San Bernardino Development Services Department
Mitigation Monitoring I Reporting Program
For Public Works Project PWP No. 01-03
Introduction
This mitigation monitoring and compliance program has been prepared for use by the
City of San Bemardino Development Services Department (City) as it implements
mitigation measures for this project. This program has been prepared in compliance with
the California Environmental Quality Act (CEQA) and the State and Agency CEQA
Guidelines.
CEQA Section 21081.6 requires adoption of a reporting and/or monitoring program for
those measures or conditions imposed on a project to mitigate or avoid adverse effects on
the environment. The law states that the monitoring or reporting program shall be
designed to ensure compliance during project implementation.
The Mitigation Monitoring/Reporting Program (MMRP or Program) contains the
following elements:
I. The mitigation measures are recorded with the action and procedure necessary to
ensure compliance. Each mitigation measure contained within the Initial Study for
implementation by the City is listed on a separate sheet.
2. A procedure for compliance and verification has been outlined for each mandatory
mitigation action. This procedure designates who will take the action, what action
will be taken and when, and to whom and when the compliance will be reported.
3. The program contains a separate Mitigation Monitoring and Compliance Record for
each action. On each of these record sheets, the pertinent actions and dates will be
logged, and copies of permits, correspondence or other relevant data will be attached.
Copies of the records will be retained by the City of San Bernardino as part of its
project files.
4. The program has been designed to be flexible. As monitoring progresses, changes to
compliance procedures may be necessary based upon recommendations by those
responsible for the program. If changes are made, new monitoring compliance
procedures and records will be developed and incorporated into the program. The
total program, including any modifications, will be retained by the City as part of the
project files.
The individual measures and the accompanying monitoring / reporting actions follow.
They are numbered in the same sequence as presented in the Project Initial Study.
MITIGATION MEASURE
Page 2
III. EARTH RESOURCES
a) Earth movement on slope of a 15% or more will be mitigated with procedure specify
in' Report of Geotechnical Study prepared by Hilltop Geotechnical, Inc. dated June 3,
1997.
c) Erosion, dust or unstable soil conditions from excavation, grading will be mitigated
by application of water or soil stabilizers for dust control. Erosion control plan will
be implemented for grading during the rainy season.
IMPLEMENTATION AND VERIFICATION
I. The City Engineer will review all street improvement plans prior to advertise for bid.
2. The City's Public Works inspector will review all grading opertions during
construction.
COMPLIANCE RECORD
I. The City and contractor shall maintain copies of approved street improvement plans
in the project file and at job sites.
2. Copies of the inspection reports shall be kept in the project file.
WHEN REQUIRED
I. Prior to notice to proceed.
2. During site inspections.
COMMENTS
I. Street improvements plans approved by City Engineer.
VERIFICATION BY: City Engineer.
2
MITIGATION MEASURE
Page 3
V. AIR QUALITY
Implementation of SCAQMD Rule 403 and standard construction practices during all
operations capable of generation fugitive dust will include but not be limited to the use of
best available control measures and reasonably available control measures such as:
I) Water active grading areas and staging areas at least twice daily as needed;
2) Ensure spray bars on all processing equipment are in good operating condition;
3) Apply water or soil stabilizers to form crust on inactive construction areas and
unpaved work areas;
4) Suspend grading activities when wind gusts exceed 25 mpg;
5) Sweep public paved roads if visible soil material is carried off-site;
6) Enforce on-site speed limits on unpaved surface to 15 mph; and
7) Discontinue construction activities during Stage I smog episodes.
IMPLEMENTATION AND VERIFICATION
I. These requirements will be made a part of the Standard Requirements for the prooejct
through the Public Works and Building Services Divisions. The applicant will be
required to comply with all Public Works and Building Services Standard
Requirements regarding grading.
2. The City shall verify that the recommendations contained in the mitigation measures
1-7 are incoporated as notes on the grading plans approved for this project.
3. The City Engineer will review all grading plans prior to issuing a grading permit.
4. Complance shall be verified during construction inspections.
COMPLIANCE RECORD
I. The City and the applicant shall maintain copies of any approved grading plans in the
project files.
2. Copies of the inspection reports shall be kept in the project files of the applicant and
the City.
WHEN REQUIRED
I. Prior to issuance of grading permits.
2. During site inspections.
3
,'-:<:- ~<
'tf;;}"
MITIGA nON MEASURE
Page 4
AIR QUALITY continued
COMMENTS
1. Grading Plans approved by City Engineer.
VERIFICATION BY: City Engineer
. ..,..... r'd"'..,'1 ,.,'., ,:'-:,. ..1.,....' \',,,..i,';;"'.. ,n'!'I.."'" "
4
MITIGATION MEASURE
Page 5
VI. TRANSPORT AnON/ CIRCULATION
d) The proposed Pepper/Linden Drive will reduce existing traffic on University
Avenue between Northpark Blvd. and Interstate 10 Freeway. Proposed traffic
signal will be installed at the intersection of Pepper Linden Drive and Kendall
Drive to provide a safety to the new intersection.
IMPLEMENT A nON AND VERIFICA nON
I. The City Engineer will review street improvement plans and traffic signal plans prior
to advertising for the bid.
2. The City's Public Works inspector will review the installation of traffic signal.
COMPLIANCE RECORD
I. The City and contractor shall maintain copies of the approved street improvement
plans and traffic signal plans in the project files.
2. Copies of the inspection report shall be kept in the project file.
WHEN REQUIRED
I. Prior to notice to proceed.
2. During site inspection.
COMMENTS
1. Grading Plans approved by City Engineer.
VERIFICATION BY: City Engineer
5
April 29, 2003 RECEIVF: -em CLEFK
File No. 15.02 - 1413 - 1413 B
Re: Resolution of N~~slll'i;od\9 d~mpus
Jean Haensly
2340 Kendall Drive
San Bernardino, CA 92407
Parkway. APN 0261-231-07.
Dear Mayor and Common Council:
I would like to submit several written observations with
regard to the impact this project has on our property. This is
for Clarity of the subject, as we have beep dealing with this for
over one and one-half years. Since this is the second time
the Mayor and the Council have had to deal with this, your com-
munication with staff may not be all that it should be. If, as
individuals, you should have any questions or would like to see
the site, please feel free to contact us. We are not opposed
to this road.
In looking over the plans for Campus Parkway, several
concerns come to mind;
1. Fencing, There are no plans to fence off this public
facility from the back of our property. Right now our property
is completely fenced and we use our land to graze a beef steer
from time to time. This includes this part of the fee taking of
the property in question. We would like a 6 foot chain link
fence installed 4 inches inside the project's borders. This will
help cut down on trespassing. Having the fencing down in the back
during construction of the project is acceptable.
2. Property Boundary Markers; Right now our property has
permanent boundary markers in place. Since the property taking
removes these, we want the prcject to survey and install new ones.
It looks like there shOUld be four of them. They need to be perm-
anent and have the surveyor's seal of responsibility.
3. Cement driveway pans; In 1995-96 the bridge for the Devil's
Canyon diversion wash and Kendall Drive were widened to accomo-
date four lanes and this new intersection. Upon it's completion
we were left with a curb, gutter and twe driveway depressions
but no driveway pans. During a hard rain the water flows in the
upper driveway, through the circular driveway and pretty much
out the lower driveway. Basically this format uses private
property for public drainage. Tn reviewing the project plans
NO, Jd-
5/5/D3
it's clear that many more thousands of square feet of run off
are going to go by our driveway. The only storm drain the
project has is an 18 inch grill about 300 feet above the inter-
section.
This being the case, we would like to have the project
install our driveway pans to prevent the flooding of our pro-
perty. This will raise the driveway near or above the center
crown of Kendall Drive, as the curb is now. For the project
specs on this, there is no need to haul off the left over dirt.
as we have enough property here to spread around. We are
not aSking for, nor do we want sidewalks installed.
4. Missing street light on the approach to Campus Park-
way; The apartments at 2294 Kendall Drive were completed in
1989. However, they were cought with unauthorized drainage
in the form of two pipes set in the retaining wall that were
supposed to drain our property. Mike Curry, engineering's
site inspector, saw these pipes being installed but did nothing.
They were not approved by the City, thus unauthorized. Later he
granted the apartments their certificate of occupancy without
the street light having been installed. The engineer for the
project put down a ~5000.00 deposit on the street light to be
installed later. After we went to engineering regarding the phony
pipes in the wall, the light was abandoned. The streets have
been dark in front of this low end apartment project for 14
years now, and that's long enough.
In addition to showing the court that engineering is acting
in bad faith with us no~ they have a pattern of bad faith with us
in the past; The City Attorney's Office needs to send someone
to this court who is familiar with this apartment project.They
need to explain wht the apartments at 2196 Kendall Dr. were re-
quired to drain the sump, and did so successfully. The apart-
ments next to us at 2294 KendallDr. were not required to drain
the sump Two different standards apply to the same sump.
.n
yew
j
.}/~
' "
'V. .
Mr. AlCd Mrs. SlI,r,tt MeQrNEIVEFJCITY CLEW<
2/j/j8 K.ftltdaee D,llIft 'OJ APR 30
Ala :00
Salt 8ulta,dllto, eA 92"01
April 29, 2003
Ms. Rachel Clark, CMC
City Clerk
City of San Bernardino
300 North D. Street, 2nd Floor
San Bernardino, CA 92418
Subject: Response to Notice of Intent
Dear Ms. Clark:
In accordance with the Notice of Intent we received, we are requesting to appear
before the Mayor and Common Council at the regular meeting of May 5, 2003 to
discuss the extension of Campus Parkway as it pertains to our property (APN
0261-231-06).
Attached to this request is a letter containing the "Statement of Conditions" that
we believe are pertinent to our property located at 2358 Kendall Drive.
Sincerely,
.~f~~
O/~--;~AJ'1?c;lP/ ~~
Everett E. McGrew
Aldona Rae McGrew
Attachment: Statement of Conditions addressed to the Mayor and Common
Council
No. c1~
6}5/03
Mr. A"d Mrs. etlllrlltt Megrllw
2868 I(tt,.daee D,llItt
Sa,. 8tt,,.ardl,.o. OA 92"01
April 29, 2003
Mayor and Common Council
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
Subject: Statement of Conditions in Response to Notice of Intent dated
April 17, 2003
Mayor Judith Valles and Members of the Common Council:
We are submitting this "Statement of Conditions" in accordance with a letter
dated April 17, 2003 that accompanied a "Notice of Intent to Adopt Resolution of
Necessity to Acquire Certain Real Property or Interest in Real Property by
Eminent Domain."
We are re-submitting our correspondence that was prepared for the original
hearing on this item on the January 21, 2003. The only change has been that we
have received a letter from Laszlo "Les" Fogassy, Real Property Supervisor,
dated January 29, 2003 indicating that we would receive access to our residence
from Campus Drive. We assume that this letter, which resulted from the January
21st hearing, would be honored.
Sincerely,
L4'L~r~
Everett E. McGrew
Aldona Rae McGrew
Attachments: December 31,2002 Statement of Conditions
Mr. AHd Mrs. ev,r,tt Me{;r,w
2308 /(IlHdaee ",/1I1l
SaH 81l'Ha,dIHo. OA 92+01
December 31, 2002
Mayor and Common Council
City of San Bernardino
300 North D. Street
San Bernardino, CA 92418
Subject: Statement of Conditions in Response to Notice of Intent dated
December 19, 2002
Mayor Judith Valles and Members of the Common Council:
We are submitting this "Statement of Conditions" in accordance with a letter
dated December 19, 2002 that accompanied a "Notice of Intent to Adopt
Resolution of Necessity to Acquire Certain Real Property or Interest in Real
Property by Eminent Domain." Following, in no order of importance to us, are our
concerns.
There is already access, ingress and egress, to the university. The proposed
road will direct traffic away from existing businesses. The proposed road will be
detrimental to the business community already in existence.
The way the project is designed will cause environmental problems with wildlife
and the natural landscape. It will cause health problems, such as lighting and
noise issues, to the only residents that it impacts-us. There will be possible
drainage and flood problems with water run-off to our property.
The road design impairs our current property usage. Further, it also impairs
future development of the property in that it most likely leaves a parcel that
cannot be built on.
The plans show no ingress or egress for us on to the proposed roadway. It was
represented to us that there would be complete access to our property by the
City. We agreed to sell our other piece of property to the City in 1992 on that
basis (see attached June 8, 1992 Purchase Offer).
At this time, the cost of the proposed road, to not only us personally but also to
the community benefit, out-weighs the future benefit that would be achieved by
this proposal.
Statement of Conditions in Response to Notice of Intent dated December 19, 2002
Page 2
We have also attached a copy of letter dated November 18, 2002 that we sent to
Mr. Raymond Casey, City Engineer and Deputy Director of Development
Services. This letter includes in greater detail many of the concerns addressed
above.
Sincerely,
~f4/~
0#~d/7?-CU'~/:J;~
Everett E. McGrew
Aldona Rae McGrew
Attachments: June 8, 1992 Purchase Offer
November 18, 2002 correspondence to Raymond Casey
M,. Alld M,s. StI",tt Me(';rtlW
2368 /(tJltda8t D,I.,tJ
Salt 8tJ'lta,dllto. eA 92"01
November 18, 2002
Mr. Raymond A. Casey
City EngineerlDeputy Director of Development Services
300 North D. Street
San Bernardino, CA 92418
Subject: 2358 Kendall Drive (APN 0261-231-06)
Dear Mr. Casey:
We are life-long residents of San Bernardino. In 1970 we moved into our current
house; we have lived here for 32 years seeing many changes in the area. In 1992
the City of San Bernardino purchased Lot 15 (our easterly lot used for corrals for
our horses and donkeys) for the proposed Pepper Linden Drive. We have a
number of concerns about the design of the proposed road. Some of these issues
are discussed in this letter.
In 1992, the City paid nearly $4.00/square foot for the property. In the last ten
years we know that commercial property has increased in land value in the area.
There have been a number of commercial developments in the vicinity of our
house. The City is currently offering us nearly $3.00/square foot for acquiring
additional right of way and an easement. This price is not acceptable to us.
When the City purchased Lot 15 from us in 1992 we were promised ingress and
egress from Pepper Linden Drive. We do not see this on the current plans and
based on the size of the slope proposed do not know how this would be achieved.
This is a concern because we will have a difficult time exiting our driveway on to
Kendall Drive. There is a traffic light proposed east of our driveway and the back-
up of cars will block our drive way.
The proposed road is very close to our residence and we have health concerns
caused by traffic noise, exhaust fumes, and lights from the traffic. The road is
elevated and lights will shine into our bedroom windows. A block wall may be
required to alleviate noise concerns; but then our view from the kitchen window will
be six feet of concrete about 20 feet from the house. We are also concerned
about drainage problems that will result on the northerly end of our property.
We have witnessed many changes in our neighborhood over the last 32 years.
The area has gone from being very rural to being developed with shopping centers
and apartments. Our property is commercially zoned and, we believe,
developable. However, the amount of land requested by the City may reduce the
site to a size that cannot be developed.
To eliminate the concerns listed above we suggest the City purchase all of our
property at a price acceptable to both parties. We look forward to further
discussions on this matter.
Sincerely,
~~f2u<--
U}dA-?fA~j)~r
Everett E. McGrew
Aldona Rae McGrew
cc: Joe Suarez, Fifth Ward Councilman
1
t~f~
RESOLUTION NO.
2
RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND
3 DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE
ACQUISITION OF A PORTION OF CERTAIN REAL PROPERTY LOCATED NORTH
4 OF KENDALL DRIVE, EAST OF THE DEVIL'S CREEK FLOOD CONTROL
CHANNEL, KNOWN AS ASSESSOR'S PARCEL NUMBER 0261-231-06, RELATIVE
5 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS
6 PEPPER LINDEN DRIVE, IN SAN BERNARDINO.
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
8
9
10 Council on January 21,2003, entitled:
11
12
13
SECTION 1. That Resolution No. 2003-28, adopted by the Mayor and Common
"RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND
DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE
ACQUISITION OF A PORTION OF CERTAIN REAL PROPERTY...KNOWN AS
ASSESSOR'S PARCEL NUMBER 0261-231-06..."
14 is hereby rescinded.
SECTION 2. That the Mayor and Common Council, as part of the hearing held on May
15
16 19, 2003, at which this Resolution is considered. did review the Notice of Intent to adopt a
17
18
19
20
21
22
23
24
25
Mitigated Negative Declaration and the Initial Study regarding the envirorunental effects of
Public Works Project PWP 01-03, the construction of Campus Parkway (formerly referenced as
Pepper Linden Drive), from Kendall Drive to Northpark Boulevard and the installation of traffic
signals at Campus Parkway and Kendall Drive (State Clearing House No. 2002071130) pursuant
to requirements of CEQA. The Project Description also included acquisition of right of way,
grading the roadway to full width and construction of two lanes of an ultimate four lane arterial.
The Notice of Intent was received and posted by the County Clerk's office on July 17, 2002 for
30 days. The Notice of Intent was also published in The Sun newspaper on July 17, 2002. No
26
27
28
comments were received during the public review period.
'--n 0, II
t; /11'10-3
1 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE
PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN
2 REAL PROPERTY LOCATED NORTH OF KENDALL DRIVE, EAST OF THE DEVIL'S CREEK
FLOOD CONTROL CHANNEL, KNOW AS ASSESSOR'S PARCEL NUMBER 0261-231-06, RELATIVE
3 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS PEPPER LINDEN
DRIVE,
4
5
6
7
The Mayor and Common Council hereby finds that there have been no changes to the
Project or to the surrounding area since the Initial Study was drafted. Based on the record, the
Mayor and Common Council further find that although the proposed Project could have a
8
9
significant effect on the environment, there will not be a significant effect in this case because
10 the mitigation measures attached to the Initial Study have been added to the Project. The Mayor
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
and Common Council do hereby adopt the Mitigated Negative Declaration and the Mitigated
Monitoring/Reporting Program for Public Works Project PWP No. 01-03, and direct that the
Public Works Division file a Notice of Determination with the San Bernardino County Clerk's
Office.
SECTION 3. That on May 19, 2003, after at least fifteen (15) days written notice to the
owner of the property listed in Section 4 of this Resolution, the Mayor and Common Council
held a hearing for the purpose of allowing the owner a reasonable opportunity to appear and be
heard on the following matters:
a. Whether the public interest and necessity require the project;
b. Whether the project is planned or located in the manner that will be most
compatible with the greatest public good and the least private injury; and
c. Whether the property sought to be acquired is necessary for the project.
SECTION 4. The Mayor and Common Council of the City of San Bernardino, as a
26 result of the above Hearing, determined that the public health, safety and welfare requires the
27 acquisition by the City of a portion of that certain parcel of real property, more particularly
28
2
1 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE
PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN
2 REAL PROPERTY LOCATED NORTH OF KENDALL DRIVE, EAST OF THE DEVIL'S CREEK
FLOOD CONTROL CHANNEL, KNOW AS ASSESSOR'S PARCEL NUMBER 0261-231-06, RELATIVE
3 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS PEPPER LINDEN
DRIVE.
4
5
described in Exhibit "A", and depicted in relation to the proposed project by the map in Exhibit
6
7
"B", attached and incorporated by reference, for street and highway purposes, a public purpose.
The acquisition is authorized by Section 19 of Article 1 of the California Constitution; Sections
8
9
1,40, and 240 of the City Charter; Section 37350.5 of the California Government Code; and
10 Sections 1240.010 through 1240.050 of the California Code of Civil Procedure.
11 SECTION 5. The owners of said property to whom Notice of said Hearing was mailed
12 is set forth on Exhibit "C". attached hereto and incorporated herein by reference. The mailing
13
address of the owner is as shown on the last equalized county assessment roll, as required by
14
law, and also as otherwise may be known.
15
16
17 find and determine and declare that: (a) the public interest and necessity requires the proposed
SECTION 6. The Mayor and Common Council of the City of San Bernardino hereby
18 project and the acquisition by the City of San Bernardino of an easement over the property for
19 public street purposes and all appurtenant uses; (b) the location of the proposed project is
20
21
22
23
planned or located in the manner that will be most compatible with the greatest public good and
the least private injury; (c) the property and the taking of the interest in the property as above
described, is necessary for the proposed project; and (d) offers required by Section 7267.2 of the
24 Government Code have been made to the owners of record.
25 SECTION 7. The Mayor and Common Council of the City of San Bernardino do hereby
26 declare that it is the intention of the City to acquire this property in its name in accordance with
27 the provisions of Ihe laws of the State of California with reference to condemnation procedures.
28
3
1 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE
PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN
2 REAL PROPERTY LOCATED NORTH OF KENDALL DRIVE, EAST OF THE DEVIL'S CREEK
FLOOD CONTROL CHANNEL, KNOW AS ASSESSOR'S PARCEL NUMBER 0261-231-06, RELATIVE
3 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS PEPPER LINDEN
DRIVE,
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SECTION 8. The property is located in the City of San Bernardino, County of San
Bernardino, State of California, and is particularly described and depicted in said Exhibits "A"
and "'B".
SECTION 9. The City Attorney's Office is hereby authorized and directed to prepare,
institute and prosecute, in the name of the City, such proceedings, in the court having proper
jurisdiction, as may be necessary for the acquisition of the subject property. The City Attorney's
Office is also authorized and directed to make a deposit in the manner provided by law of the
sum determined to be just compensation for said property and to request and obtain a necessary
court order granting the City the right of immediate possession and occupancy of the property.
The City Attorney's Office is also authorized to take any action necessary or appropriate to
acquire any temporary right of access to the property which may be necessary for construction of
any planned improvements.
SECTION 10. The City Clerk shall certify to the adoption of this Resolution.
11/
11/
4
1 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE
PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN
2 REAL PROPERTY LOCATED NORTH OF KENDALL DRIVE, EAST OF THE DEVIL'S CREEK
FLOOD CONTROL CHANNEL, KNOW AS ASSESSOR'S PARCEL NUMBER 0261-231-06, RELATIVE
3 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS PEPPER LINDEN
DRIVE.
4
5
6
Common Council of the City of San Bernardino at
7
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
meeting
a
day of
, 20_, by the following
NAYS
ABSTAIN ABSENT
City Clerk
21 The foregoing resolution IS hereby approved this _ day of
20
22
23
24 Approved as to form
25 and legal content:
JUDITH V ALLES, Mayor
City of San Bernardino
26 JAMES F. PENMAN,
City Horney
27
28
5
EXHIBIT "A"
LEGAL DESCRIPTION FOR A PORTION OF PEPPER LINDEN DRIVE,
NORTHERL Y OF KENDALL DRIVE.
APN: 0261-231-06
McGREW
That portion of Lot 14, Tract No. 2404, as per plat thereof recorded in Book 34 of Maps, pages
52 and 53, records of the County Recorder of San Bernardino County, State of California,
described as follows:
PARCEL ONE:
An easement for street and highway purposes, and appurtenant facilities, being a portion of a
strip ofland, 100 feet wide, lying within said Lot 14, the centerline of which is described as
follows:
Beginning on the centerline of Kendall Drive, distant thereon 1010.28 feet from its intersection
with the centerline of Deerfield Street, as said street is delineated on the Map of Tract No. 10647,
as per plat thereof recorded in Book 159 of Maps, pages 39 and 40, records of said County;
thence North 320 06' 26" East, a distance of225.00 feet, to a tangent curve, concave
southeasterly, having a radius of 1850.00 feet; thence northeasterly, along said curve, through a
central angle of 21 0 39' 07', an arc distance of 699.1 I feet to the point of termination.
The sidelines of said easement shall be lengthened or shortened as to commence on the
southwesterly line of said Lot 14 and terminate on the northeasterly line of said lot 14.
Contains 12,517 square feet, more or less.
PARCEL TWO:
An easement for street and highway purposes, and appurtenant facilities, described as follows:
Beginning at the most westerly corner of said Lot 14, said point also being on the northeasterly
line of Kendall Drive, having a half-width of 40 feet; thence North 320 15' 50" East, along the
northwesterly line of said Lot 14, a distance of 34.79 feet; thence South 12048' 52" East, a
distance of 35.11 feet; thence South 320 15' 50" West, a distance of 10.00 feet, to the
southwesterly line of said Lot 14 and said northeasterly line of Kendall Drive; thence North 570
44' 10" West, along said southwesterly line, a distance of 24.86 feet, more or less, to the Point of
Beginning
Contains 557 square feet, more or less.
PARCEL THREE:
An easement for slope and drainage and appurtenant facilities, lying within said Lot 14, being
southeasterly of the southeasterly line of Parcel one, described above, and northwesterly of the
following described line:
Commencing at the most westerly corner of said Lot 14, said point also being on the
northeasterly line of Kendall Drive, having a half-width of 40 feet; thence North 320 15' 50"
East, along the northwesterly line of said Lot 14, a distance of34. 79 feet to the True Point of
Beginning; thence South 12048' 52" East, a distance of7.35 feet; thence North 340 43' 52" East,
a distance of 115.9 feet; thence North 350 54' OS" East, a distance of 115 feet; thence North 400
33' 32" East, a distance of 140 feet; thence North 44036' 51" East, a distance of 133 feet; thence
North 380 36' 36" East, a distance of 33 feet; thence North 310 39' 50" East, a distance of28
feet; thence North 240 48' 15" East, a distance of34 feet; thence North 11005' 29" West, a
distance of 8 feet; thence North 390 41' 02" East, a distance of 6.16 feet; thence North 690 37'
45" East, a distance of 33.57 feet; then South 760 56' 51" East, a distance of20.61 feet, more or
less, to the southeasterly line of said Lot 14; thence North, along said southeasterly line, a
distance of 44.28 feet, more or less, to the northwesterly corner of said Lot 14; thence
northwesterly, along the northeasterly line of said Lot 14 to the southeasterly line of the
easement described in PARCEL ONE above; thence southwesterly, along said southeasterly line,
to said northwesterly line of Lot 14; thence southwesterly, along said northwesterly line to the
True Point of Beginning.
Contains 13,942 square feet, more or less.
IMAP NOli
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Right of Way
Parcel One: 12,517 sq ft.:!:
Parcel Two: 557 sq. ft. :!:
Total R!W: 13,074 sq ft.:!:
Slope and Drainage
Easement
13,942 sq. ft. t
LINE DATA
A N34'43'S2"E 11S.9'
B N3S'S4'OS"E 11S00'
C N 40' 33' 32" E 140.00'
D N44'36'S1"E 133.00'
E N 38' 36' 36" E 33.00'
F N 31' 39' SO" E 28.00'
G N 24' 48' 1S" E 34.00'
H N 11'OS'29"W 8.00'
I N39'41'02"E 6.16'
J N 69' 37' 4S" E 33.S7'
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24 B6'.
Detail. A.
(N. T. 5)
Proposed Right of Way and Slope Easement
- Portion of Pepper Linden Drive, Northerly
Kendall Drive (APN 0261- 231-06)
CITY OF SAN BERNARDINO
PUBLIC WORKS/ENGINEERING
REAL PROPERTY SECTION
Created by: ~ Date: '/. Ot.-
Approve . Date: Checked by: Date:
EXHIBIT "B" Revised by: Date:
EVERETT E. MCGREW AND ALDaNA R. MCGREW, HUSBAND AND WIFE AS JOINT
TENANTS.
EVERETT E. AND ALDaNA R. MCGREW
2358 KENDALL DRIVE
SAN BERNARDINO, CA 92407
EXHIBIT "e"
RESOLU~ (Q) w>> '\f
1
2 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND
3 DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE
ACQUISITION OF A PORTION OF CERTAIN REAL PROPERTY LOCATED NORTH
4 OF KENDALL DRIVE, EAST OF THE DEVIL'S CREEK FLOOD CONTROL
CHANNEL, KNOWN AS ASSESSOR'S PARCEL NUMBER 0261-231-07, RELATIVE
5 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS
PEPPER LINDEN DRIVE, IN SAN BERNARDINO.
6
7
8
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That Resolution No. 2003-29, adopted by the Mayor and Common
9
Council on January 21, 2003, entitled:
10
11
12
"RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND
DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE
ACQUISITION OF A PORTION OF CERTAIN REAL PROPERTY...KNOWN AS
ASSESSOR'S PARCEL NUMBER 0261-231-27..."
13
14
15
is hereby rescinded.
SECTION 2. That the Mayor and Common Council, as part of the hearing held on May
16 19, 2003, at which this Resolution is considered, did review the Notice of Intent to adopt a
17 Mitigated Negative Declaration and the Initial Study regarding the environmental effects of
18 Public Works Project PWP 01-03, the construction of Campus Parkway (formerly referenced as
19
20
21
22
23
24
25
26
27
28
Pepper Linden Drive), from Kendall Drive to Northpark Boulevard and the installation of traffic
signals at Campus Parkway and Kendall Drive (State Clearing House No. 2002071130) pursuant
to requirements of CEQA. The Project Description also included acquisition of right of way,
grading the roadway to full width and construction of two lanes of an ultimate four lane arterial.
The Notice of Intent was received and posted by the County Clerk's office on July 17,2002 for
30 days. The Notice of Intent was also published in The Sun newspaper on July 17, 2002. No
comments were received during the public review period.
1 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE
PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN
2 REAL PROPERTY LOCATED NORTH OF KENDALL DRIVE, EAST OF THE DEVIL'S CREEK
FLOOD CONTROL CHANNEL, KNOW AS ASSESSOR'S PARCEL NUMBER 0261-231-07, RELATIVE
3 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS PEPPER LINDEN
DRIVE,
4
5
6
7
The Mayor and Common Council hereby finds that there have been no changes to the
Project or to the surrounding area since the Initial Study was drafted. Based on the record, the
Mayor and Common Council further find that although the proposed Project could have a
8
9 significant effect on the environment, there will not be a significant effect in this case because
10 the mitigation measures attached to the Initial Study have been added to the Project. The Mayor
11 and Common Council do hereby adopt the Mitigated Negative Declaration and the Mitigated
12 Monitoring/Reporting Program for Public Works Project PWP No. 01-03, and direct that the
13
14
15
16
17
18
19
20
21
22
23
24
Public Works Division file a Notice of Determination with the San Bernardino County Clerk's
Office.
SECTION 3. That on May 19, 2003, after at least fifteen (15) days written notice to the
owner of the property listed in Section 4 of this Resolution, the Mayor and Common Council
held a hearing for the purpose of allowing the owner a reasonable opportunity to appear and be
heard on the following matters:
a. Whether the public interest and necessity require the project;
b. Whether the project is planned or located in the manner that will be most
compatible with the greatest public good and the least private injury; and
c.
Whether the property sought to be acquired is necessary for the project.
25 SECTION 4. The Mayor and Common Council of the City of San Bernardino, as a
26 result of the above Hearing, determined that the public health, safety and welfare requires the
27 acquisition by the City of a portion of that certain parcel of real property, more particularly
28
2
1 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE
PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN
2 REAL PROPERTY LOCATED NORTH OF KENDALL DRIVE, EAST OF THE DEVIL'S CREEK
FLOOD CONTROL CHANNEL, KNOW AS ASSESSOR'S PARCEL NUMBER 0261-231-07, RELATIVE
3 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS PEPPER LINDEN
DRIVE.
4
5
described in Exhibit "A", and depicted in relation to the proposed project by the map in Exhibit
6
7
"B", attached and incorporated by reference, for street and highway purposes, a public purpose.
The acquisition is authorized by Section 19 of Article 1 of the California Constitution; Sections
8
9 1,40, and 240 of the City Charter; Section 37350.5 of the California Government Code; and
10 Sections 1240.010 through 1240.050 of the California Code of Civil Procedure.
11 SECTION 5. The owners of said property to whom Notice of said Hearing was mailed
12 is set forth on Exhibit "C", attached hereto and incorporated herein by reference. The mailing
13
address of the owner is as shown on the last equalized county assessment roll, as required by
14
law, and also as otherwise may be known.
15
16
17
18
19
20
SECTION 6. The Mayor and Common Council of the City of San Bernardino hereby
find and determine and declare that: (a) the public interest and necessity requires the proposed
project and the acquisition by the City of San Bernardino of an easement over the property for
public street purposes and all appurtenant uses; (b) the location of the proposed project is
planned or located in the manner that will be most compatible with the greatest public good and
21
22
the least private injury; (c) the property and the taking of the interest in the property as above
described, is necessary for the proposed project; and (d) offers required by Section 7267.2 of the
23
24
25
Government Code have been made to the owners of record.
SECTION 7. The Mayor and Common Council of the City of San Bernardino do hereby
26 declare that it is the intention of the City to acquire this property in its name in accordance with
27
the provisions of the laws of the State of California with reference to condemnation procedures.
28
3
1 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE
PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN
2 REAL PROPERTY LOCATED NORTH OF KENDALL DRIVE, EAST OF THE DEVIL'S CREEK
FLOOD CONTROL CHANNEL, KNOW AS ASSESSOR'S PARCEL NUMBER 0261-231-07, RELATIVE
3 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS PEPPER LINDEN
DRIVE.
4
5
6
7
8
9
SECTION 8. The property is located in the City of San Bernardino, County of San
Bernardino, State of California, and is particularly described and depicted in said Exhibits "A"
and "Bl'.
SECTION 9. The City Attorney's Office is hereby authorized and directed to prepare,
10 institute and prosecute, in the name of the City, such proceedings, in the court having proper
11 jurisdiction, as may be necessary for the acquisition of the subject property. The City Attorney's
12
13
14
15
Office is also authorized and directed to make a deposit in the manner provided by law of the
sum determined to be just compensation for said property and to request and obtain a necessary
court order granting the City the right of immediate possession and occupancy of the property.
The City Attorney's Office is also authorized to take any action necessary or appropriate to
16
17 acquire any temporary right of access to the property which may be necessary for construction of
18 any planned improvements.
19
20 1//
21
/1/
22
23
24
25
26
27
28
SECTION 10. The City Clerk shall certify to the adoption of this Resolution.
4
1 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE
PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN
2 REAL PROPERTY LOCATED NORTH OF KENDALL DRIVE, EAST OF THE DEVIL'S CREEK
FLOOD CONTROL CHANNEL, KNOW AS ASSESSOR'S PARCEL NUMBER 0261-231-07, RELATIVE
3 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS PEPPER LINDEN
DRIVE.
4
5
6
Common Council of the City of San Bernardino at
7
8
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
meeting
a
thereof held on the
,20_, by the following
day
of
NAYS
ABSTAIN ABSENT
City Clerk
21 The foregoing resolution IS hereby approved this _ day of
20
22
23
24
Approved as to form
25 and legal content:
26 JAMES F. PENMAN,
27 City Attorney
By ~_ t .; e-vvv-
28 {l
JUDITH VALLES, Mayor
City of San Bernardino
5
EXHIBIT "A"
LEGAL DESCRIPTION FOR A SLOPE AND DRAINAGE EASEMENT EASTERL Y OF
PEPPER LINDEN DRIVE, NORTHERLY OF KENDALL DRIVE.
APN: 0261-231-07
MAP NO.2
Haensly
A slope easement and appurtenant facilities, lying within Lot 13, Tract No. 2404, as per plat
thereof recorded in Book 34 of Maps, pages 52 and 53, records of the County Recorder of San
Bernardino County, State of California, described as follows:
Beginning at the most northerly corner of said Lot 13; thence South 320 15'50" West, along the
northwesterly line of said Lot 13, a distance of 44.28 feet; thence South 760 56' 5 I" East, a
distance of37.59 feet; thence South 560 SO' 35" East, a distance of 11.02 feet; thence South 870
18' 35" East, a distance of61.49 feet, more or less, to the southeasterly line of said Lot 13; thence
North 320 15'50" East, along said southeasterly line, a distance of 14.22 feet, more or less, to the
northeasterly corner of said Lot 13; thence North 640 SO' 59" West, along the northeasterly line
of said Lot 13, a distance of 101.77 feet, more or less, to the point of beginning.
Contains 3,233 square feet, more or less.
MAP NO.2
------,---
:
Slope and Drainage Easement
(see detail below)
(3,233 sq. ft. :t)
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--N57~44'1~W ----------------------------
KENDALL DRIVE ~
13
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Proposed Slope and Drainage Easement -
Portion of Pepper linden Drive. Northerly of
doll Drive (APN 0261-231-07)
CITY OF SAN BERNARDINO
PUBLIC WORKS/ENGINEERING
REAL PROPERTY SECTION
Created by:
Checked by:
Date: J!.fJ,'2.-
Date: Yi t8 2--
APproved:~~<flvDate: f~fot
Sr. Civil Engineer EXHIBIT "B"
Revised by:
Date:
THE JEAN M. HAENSL Y REVOCABLE TRUST DATED JANUARY 24, 2001; JEAN M,
HAENSL Y AS TRUSTEE FOR THE BENFIT OF JEAN M. HAENSL Y AND HER
DES1GNA TED BENEFICIARIES.
JEAN M. HAENSL Y
2340 KENDALL DRIVE
SAN BERNARDINO, CA 92407
EXHIBIT "C"
1
RESOLUTIOtO ~y
2
RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND
3 DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE
ACQUISITION OF A PORTION OF CERTAIN REAL PROPERTY LOCATED NORTH
4 OF KENDALL DRIVE, EAST OF THE DEVIL'S CREEK FLOOD CONTROL
CHANNEL, KNOWN AS ASSESSOR'S PARCEL NUMBER 0261-231-27, RELATIVE
5 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS
6 PEPPER LINDEN DRIVE, IN SAN BERNARDINO.
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
8
SECTION 1. That Resolution No. 2003-30, adopted by the Mayor and Common
9
10 Council on January 21, 2003, entitled:
11
12
13
"RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND
DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE
ACQUISITION OF A PORTION OF CERTAIN REAL PROPERTY...KNOWN AS
ASSESSOR'S PARCEL NUMBER 0261-231-27..."
14
15
is hereby rescinded.
SECTION 2. That the Mayor and Common Council, as part of the hearing held on May
16 19, 2003, at which this Resolution is considered, did review the Notice of Intent to adopt a
17
18
19
Mitigated Negative Declaration and the Initial Study regarding the environmental effects of
Public Works Project PWP 01-03, the construction of Campus Parkway (formerly referenced as
Pepper Linden Drive), from Kendall Drive to Northpark Boulevard and the installation of traffic
20
signals at Campus Parkway and Kendall Drive (State Clearing House No. 2002071130) pursuant
21
22 to requirements of CEQA. The Project Description also included acquisition of right of way,
23 grading the roadway to full width and construction of two lanes of an ultimate four lane arterial.
24 The Notice of Intent was received and posted by the County Clerk's office on July 17, 2002 for
25 30 days. The Notice of Intent was also published in The Sun newspaper on July 17, 2002. No
26
comments were received during the public review period.
27
28
1 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE
PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN
2 REAL PROPERTY LOCATED NORTH OF KENDALL DRIVE, EAST OF THE DEVIL'S CREEK
FLOOD CONTROL CHANNEL, KNOW AS ASSESSOR'S PARCEL NUMBER 0261-231-27, RELATIVE
3 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS PEPPER LINDEN
DRIVE.
4
5
6
7
The Mayor and Common Council hereby finds that there have been no changes to the
Project or to the surrounding area since the Initial Study was drafted. Based on the record, the
Mayor and Common Council further find that although the proposed Project could have a
8
9
significant effect on the environment, there will not be a significant effect in this case because
10 the mitigation measures attached to the Initial Study have been added to the Project. The Mayor
11 and Common Council do hereby adopt the Mitigated Negative Declaration and the Mitigated
12
13
14
15
Monitoring/Reporting Program for Public Works Project PWP No. 01-03, and direct that the
Public Works Division file a Notice of Determination with the San Bernardino County Clerk's
Office.
16
SECTION 3. That on May 19, 2003, after at least fifteen (J 5) days written notice to the
17 owner of the property listed in Section 4 of this Resolution, the Mayor and Common Council
18 held a hearing for the purpose of allowing the owner a reasonable opportunity to appear and be
19
20
21
heard on the following matters:
a. Whether the public interest and necessity require the project;
b. Whether the project is planned or located in the manner that will be most
22
23
24
25
compatible with the greatest public good and the least private injury; and
c. Whether the property sought to be acquired is necessary for the project.
SECTION 4. The Mayor and Common Council of the City of San Bernardino, as a
26 result of the above Hearing, determined that the public health, safety and welfare requires the
27 acquisition by the City of a portion of that certain parcel of real property, more particularly
28
2
1 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE
PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN
2 REAL PROPERTY LOCATED NORTH OF KENDALL DRIVE, EAST OF THE DEVIL'S CREEK
FLOOD CONTROL CHANNEL, KNOW AS ASSESSOR'S PARCEL NUMBER 0261-231-27, RELATIVE
3 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS PEPPER LINDEN
DRIVE.
4
5
described in Exhibit "A", and depicted in relation to the proposed project by the map in Exhibit
6
7
"B", attached and incorporated by reference, for street and highway purposes, a public purpose.
The acquisition is authorized by Section 19 of Article I of the California Constitution; Sections
8
9 I, 40, and 240 of the City Charter; Section 37350.5 of the California Government Code; and
10 Sections 1240.010 through 1240.050 of the California Code of Civil Procedure.
11 SECTION 5. The owners of said property to whom Notice of said Hearing was mailed
12 is set forth on Exhibit "C", attached hereto and incorporated herein by reference. The mailing
13
address of the owner is as shown on the last equalized county assessment roll, as required by
14
law, and also as otherwise may be known.
15
16
17 find and determine and declare that: (a) the public interest and necessity requires the proposed
18
19
20
SECTION 6. The Mayor and Common Council of the City of San Bernardino hereby
project and the acquisition by the City of San Bernardino of an easement over the property for
public street purposes and all appurtenant uses; (b) the location of the proposed project is
planned or located in the manner that will be most compatible with the greatest public good and
21
22
the least private injury; (c) the property and the taking of the interest in the property as above
described, is necessary for the proposed project; and (d) offers required by Section 7267.2 of the
23
24 Government Code have been made to the owners of record.
25 SECTION 7. The Mayor and Common Council of the City of San Bernardino do hereby
26 declare that it is the intention of the City to acquire this property in its name in accordance with
27 the provisions of the laws of the State of California with reference to condemnation procedures.
28
3
1 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE
PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN
2 REAL PROPERTY LOCATED NORTH OF KENDALL DRIVE, EAST OF THE DEVIL'S CREEK
FLOOD CONTROL CHANNEL, KNOW AS ASSESSOR'S PARCEL NUMBER 0261-231-27, RELATIVE
3 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS PEPPER LINDEN
DRIVE.
4
5
6
SECTION 8. The property is located in the City of San Bernardino, County of San
Bernardino, State of California, and is particularly described and depicted in said Exhibits "A"
7
8
and HB",
SECTION 9. The City Attorney's Office is hereby authorized and directed to prepare,
9
10 institute and prosecute, in the name of the City, such proceedings, in the court having proper
11
12
13
jurisdiction, as may be necessary for the acquisition of the subject property. The City Attorney's
Office is also authorized and directed to make a deposit in the manner provided by law of the
sum determined to be just compensation for said property and to request and obtain a necessary
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
court order granting the City the right of immediate possession and occupancy of the property.
The City Attorney's Office is also authorized to take any action necessary or appropriate to
acquire any temporary right of access to the property which may be necessary for construction of
any planned improvements.
SECTION 10. The City Clerk shall certify to the adoption of this Resolution.
/11
11/
4
1 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE
PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN
2 REAL PROPERTY LOCATED NORTH OF KENDALL DRIVE, EAST OF THE DEVIL'S CREEK
FLOOD CONTROL CHANNEL, KNOW AS ASSESSOR'S PARCEL NUMBER 0261-231-27, RELATIVE
3 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS PEPPER LINDEN
DRIVE.
4
5
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
6
7
Common Council of the City of San Bernardino at
a
meeting
thereof held on the
8
9 vote, to-wit:
10 Council Members: AYES
11 ESTRADA
12 LONGVILLE
13 MCGINNIS
14
DERRY
15
16 SUAREZ
17 ANDERSON
18 MCCAMMACK
19
20
day of
,20_, by the following
NAYS
ABSTAIN ABSENT
City Clerk
21 The foregoing resolution IS hereby approved this _ day of
20
22
23
24
Approved as to form
25 and legal content:
26 JAMES F. PENMAN,
City ttomey
27
28
JUDITH V ALLES, Mayor
City of San Bernardino
5
EXHIBIT "A"
LEGAL DESCRIPTION FOR A SLOPE AND DRAINAGE EASEMENT EASTERLY OF
PEPPER LINDEN DRIVE, NORTHERLY OF KENDALL DRIVE.
APN: 0261-231-27
Map No.3
Sehremelis
A slope easement and appurtenant facilities, lying within Lot 12, Tract No. 2404, as per plat
thereof recorded in Book 34 of Maps, pages 52 and 53, records of the County Recorder of San
Bernardino County, State of California, described as follows:
Beginning at the northwesterly corner of said Lot 12; thence South 32015' 50" West, a distance
of 14.22 feet; thence South 87018' 35" East, a distance of20.46 feet; thence South 58015' 35"
East, a distance of 20.49 feet; thence South 780 55' 17" East, a distance of 20.57 feet, more or
less, to the northeasterly line of said Lot 12; thence North 64050' 39" West, along said
northeasterly line of Lot 12, a distance of 54.85 feet, more or less, to the point of beginning.
Contains 422 square feet, more or less.
MAr NO.3
/
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Slope and Drainage Easement
(see detail below)
(422 sq. ft. :t)
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----~~---
N 57" 44' 10" W
to elL DEERFIELD STREET
o
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KENDALL
DRIVE
o
Lfl
Proposed Slope and Drainage Easemen t -
Portion of Pepper Linden Drive, Northerly of
I<'Qndall Drive (APN 0261-231-27)
CITY OF SAN BERNARDINO
PUBLIC WORKS/ENGINEERING
REAL PROPERTY SECTION
APprove~ate: !/~J..
Sr, Civil gineer EXHIIIIT "B"
Created by:
Checked by:
Dale:
Revised by:
Date:
ATHENA A. SEHREMELIS, A SINGLE WOMAN AS HER SOLE AND SEPARATE
PROPERTY
ATHENA A. SEHREMELIS
3 221 LILLY AVENUE
LONG BEACH, CA 90808
EXHIBIT "C"
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 6--\ '1 -cd Item # I I 1\ Resolution # 2m 3 - \ () 1::)
Vote: Ayes 1- (, Nays 'I Abstain .-if Absent ..8-
Change to motion to amend original documents: -
Reso. # On Attachments: --=--- Contract term:
Note on Resolution of Attachment stored separately:~
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
NullNoid After: -
By: -
Date Sent to Mayor: 5 - )0 --() ">
Date of Mayor's Signature: 5 -;)';)-(P,
Date of Clerk/CDC Signature: c; -;);;J -o.~
Reso. Log Updated: //'
Seal Impressed: .-/'
Date Memo/Le~S,,~t for Signature:
-.--.--.--.---... '...-.------
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached:
Date Returned:
';ee Attached:
SeeA~
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes ./ No By
Yes No-L- By
Yes No ..-L By
Yes No ~ By
Yes No B
Copies Distributed to:
City Attorney /
Parks & Rec.
Public Services
Water
Others:
Finance ~ MIS
Leo, 0,f'GS'1 ( C )
,
Code Compliance
Dev. Services ~ EDA
Police
Notes:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: (rv(
Date: 5 - CJd 0.3
Revised 01/12/01
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Item #
'I
tl8
Resolution #
2003-\ 10
Absemb-
Meeting Date (Date Adopted):
Vote: Ayes 1- ir
5 1'1-03
Nays
Abstain
-&--
Change to motion to amend original documents:
Reso. # On Attachments: --==- Contract term: -
Note on Resolution of Attachment stored separately: --==-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Null/Void After:
By: -
Date Sent to Mayor: 5 - dO - 0.3:,
Date of Mayor's Signature: 5 --';:I:::><5'S
Date of ClerklCDC Signature: S.;;;:;;;> -<0.~
Reso. Log Updated: ,-
Seal Impressed: /'
See Attached:
See Attached:
See Attached:
Date Returned:
Date IvIclUu/LGtter SenLfm:.-fugnature:
----
60 Day Reminder Letter Sent on 30th dar:----
90 Day Reminder Letter Sent on 45th day:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distri7 to:
City Attorney
Parks & Rec.
Code Compliance
Dev. Services /
EDA
Finance ./ MIS
!.k--o, roG ~'/ (C ')
f
Public Services
Water
Others:
Police
Notes:
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.)
Ready to File: f)l(
Date: 5' d3-63
Revised 01/12/01
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
'?JJo3-- \ \ \
Absent e
Meeting Date (Date Adopted): .5' \ 9' 03, Item # I \ C- Resolution #
Vote: Ayes 1- (" Nays f') Abstain ,f"j'
Change to motion to amend original documents: --
Reso, # On Anachments: -==-- Contract term: -
Note on Resolution of Attachment stored separately: -==--
Direct City Clerk to (circle 1): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: :5 " oD' 03
Date of Mayor's Signature: 5, ;/~
Date ofClerk/CDC Signature: C;'?:?'Q-\
D~en]o/Letter Sent for Signature:
60 Day Reminder Letter Senfoi;-30tIrday'-'---
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attached:
See Attached:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney /
Parks & Rec.
Dev. Services /'
Code Compliance
Police Public Services
Water
Notes:
NulllVoid After: -
By: -
Reso, Log Updated:
Seal Impressed:
V
./'
Date Returned: -
Yes/ No By
Yes No ,/ By
Yes No j/ By
~
Yes No /, By
Yes No/ B
EDA
Finance'/ MIS
W J:r:,~'/ Cc )
Others:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: j11L
Date: 5' c);? c) 3
Revised 01/12/01