HomeMy WebLinkAbout26-City Attorney
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
City Attorney
Subject: Final Report on People of the State of California VS. Warner W
Hodgdon; Rancho San Andreas Company, et al.
Dept: City Attorney
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Date: May 18,2001
Synopsis of Previous Council action:
Not Applicable.
Recommended motion:
Information only.
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Contact person:
JAMES F. PENMAN
Phone:
5255
Supporting data attached: Staff Report
Ward:
All
FUNDING REQUIREMENTS:
Amount: None
Source:
Finance:
Council Notes:
Agenda Item No. 26
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STAFF REPORT
Council Meeting Date: May 21, 2001
TO:
FROM:
DATE:
Mayor and Common Council
City Attorney's Office
May 21, 2001
In early 1992, the California Department of Fish and Game contacted the City Attorney's
Office in regards to an investigation they were conducting in the foothills of North San Bernardino.
City Attorneys in California have original jurisdiction to prosecute violations of the State's
Fish and Game Code. Investigators informed the City Attorney's Office that they had evidence of
alterations of stream beds, illegal grading, destruction of wildlife habitat and work being performed
without the proper Fish and Game permits.
When Fish and Game and City Attorney officials requested the assistance of a City Engineer
during the investigation, the request was refused by a high-ranking City official who told the City
Attorney to "stay away from Warner Hodgdon."
As a result of the denial to assist in the investigation by the City administration, Fish and
Game authorities requested the intervention ofthe Attorney General of the State of California.
Throughout the remainder of 1992, Deputy Attorney General Mark Urban, and Deputy City
Attorney Henry Empefio, met with Rancho San Andreas representatives on several occasions in
attempts to convince the developer to apply for Fish and Game Code Section 1603 permits.
In February 1993, after attempts to settle the issue out of court failed, the California Attorney
General and the San Bernardino City Attorney filed a civil action against Warner Hodgdon and
Rancho San Andreas Company. The purpose of the lawsuit was to compel the defendants to obtain
the necessary Fish and Game permits for the work they had been doing in the foothills.
The lawsuit was based on the investigation by the California Department ofFish and Game.
Allegations were that the defendants failed to obtain necessary permits from Fish and Game prior
to performing work that included grading and alteration of stream beds.
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As a direct result of the lawsuit, the defendants ultimately applied for and received the
necessary permits. Rancho San Andreas paid $175,000 to the Attorney General and the City
Attorney. The City received $125,000 (of the $175,000) and the State $50,000. Attorney fees and
expert witness fees for the City totaled $89,367.
During the settlement negotiations, the lawsuit was dismissed against Warner Hodgdon.
After the permits were obtained, a Settlement Agreement was executed and the $175,000 was paid
by Cashiers Check. The purpose of the lawsuit, to compel compliance with the Fish and Game
Code, had been achieved. The lawsuit was then dismissed against Rancho San Andreas.
The Highland Hills project has now received final approval from the City to proceed.
Respectfully submitted,
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