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HomeMy WebLinkAboutRS1- Economic Development ECO -) MIC DEVELOPMENT A ( NCY OF THE CITY OF SAN BERNARDINO REQUEST FOR COMMISSION/COUNCIL ACTION FROM: TIMOTHY C. STEINHAUS SUBJECT: SAN BERNARDINO Agency Administrator BASEBALL STADIUM DATE: February 4, 1994 ----------------------------------------------------------------------------------------------------------------------------------------------- Synopsis of Previous Commission/Council/Committee Action(s): The Community Development Commission previously conducted a workshop on the proposed baseball stadium for San Bernardino. ------------------------------------------------------------------------------------------------------------------------------------------------- Recommended Motion(s). (Mayor and Common Council) (Community Development Commission) MOTION A: That the Mayor and Common Council and Community Development Commission approve a new stadium concept. MOTION B: That the Mayor and Common Council approve a baseball stadium funding mechanism (funding alternatives to be discussed in detail). MOTION C: That the Mayor and Common Council and Community Development Commission approved a site for the proposed baseball stadium. TIM C. EIIJHAUS Agency Administrator ------------------------------------------------------------------------------------------------------------------------------------------------- Contact Person(s): Timothy C. Steinhaus Phone: 5081 Project Area(s): All Ward(s): 1-7 Supporting Data Attached: Staff Report FUNDING REQUIREMENTS: Amount: $ N/A Source: N/A Budget Authority: N/A ----------------------------------------------------------------------------------------------------------------------------------------------- Commission/Council Notes: ------------------------------------------------------------------------------------------------------------------------- TCS:lag:bsball.cdc COMMISSION MEETING AGENDA MEETING DATE: 02/07/1994 Agenda Item Number: FEB-04-'94 08:50 ID:CITY OF SAN BDNO TEL NO:909-384-5461 #051 P01 f f CITY OF SAN BERNARDINO INTEROFFICE MEMORANDUM TO: Timothy Steinhaus, Economic Agency Administrator FROM: Ray Salvador, Mayor's Administrative Assistant DATE: February 3, 1994 SUBJECT: Baseball Stadium Staff Report. COPIES: Mayor Minor, File. ------------------------------------------------------------------- As you are aware, the Mayor's Ad Hoc Baseball commission has already presented its report to the Mayor and Common Council. In that report, the Commission suggested that a portion of the debt service for a $5-$6 million stadium could be raised through multiple uses of the facility. In surveying Minor League venues in Wichita, Kansasl South bend, Indiana= Davenport, Iowa: Rancho Cucamonga and Adelanto, it becomes apparent that there are currently no major other uses than baseball. Lake Elsinore is currently constructing a new Class A minor league stadium without any other uses programmed to help offset costs. The total cost for this facility is estimated at $15 million. Lake Bloinore used bond financing with existing tax increment revenues to service the debt. Revenue from the baseball lease is expected to help defray maintenance costa and city staff anticipate an additional subsidy of $1 million over the next ten years. Rancho Cucamonga financed $19 million for the Quakes facility (11.5 million for the stadium alone) out of a $100 million multiple project bond issue. Again, existing redevelopment cash flows have been earmarked to service the debt. Rancho Cucamonga did not factor in revenue from other uses but is planning to increase marketing efforts. Adelanto built a Class A facility for approximately $5.5 million. RDA cash reserves were used to fund the stadium. No active marketing approach is being used but the facility is available for other uses. The facilities surveyed were built specifically for minor league baseball. While other uses are an option, extensive marketing would be necessary to produce significant revenues. Several of these stadiums plan to implement such a program in the near future. The Mayor will lead the discussion and Dr. Terrell will represent the Baseball Commission. In order to facilitate debate, this issue should be separated into three motions: I. Approval of new stadium concept. n FEB-04-'94 08:51 ID:CITY OF SAN BDNO TEL NO:909-384-5461 #051 P02 Baseball Stadium Memo February 3, 1944 Page Two 2. Approval of funding mechanism. 3. Approval Of sate. The Spirit lease item is on the City Supplemental Agenda and the Mayor may call for this item at the beginning of the Agency Agenda to accomodate the Spirit owners. FEB-04-'94 08:51 ID:CITY OF SRN BDNO TEL NO:909-384-5461 #051 P03 .F SAN BERWADINO - REQUEST F%-.-a COUNCIL. ACTION STAFF afiPORT Recognizing the need for quality family entertainment in San Bernardino, and the contributions minor league baseball brings to the quality of life in the City of San Bernardino, Mayor Tom Minor appointed an Ad Hoc Baseball Stadium Committee made up of community and business leaders. The Baseball stadium Committee is charged with formulating a plan for development of a new Baseball Stadium with the capacity to bring a Triple-A team to San Bernardino. The San Bernardino Ad Hoc Baseball Stadium Committee is charged as followss +� To diligently search for a logistically practical site for a Baseball Stadium in the City of San Bernardino. * To identify potential funding sources other than City funds. * To cause to be prepared, plans for a Baseball stadium that will accommodate a minimum of 4,000 to 5,000 seats, with the expansion capabilities to 10,000 seats. * To identify and evaluate potential partnership concepts for owning the facility and operation, or any combination therein, of said stadium. * to prepare a plan and use best efforts to secure a minor league team for San Bernardino and explore the possibility of attracting a Triple+A team. * To complete all tasks by November 30, 1993. The Committee has been carrying out these charges on a weekly basis and has reviewed numerous sites throughout the City. A report has been formulated outlining the process Of site selection and feasibility, as well as possible funding sources. The findings of the Committee include specific recommendations for consideration by the City. / 2/6 4 1� 7 s•aZ6e • L FEB-04-'94 08:52 ID:CITY OF SAN BDNO TEL NO:909-384-5461 #051 PO4 SAN BERNARDINO , (909)881-1836 fI MEMBER OF THE CLASS A CALIFORNIA LEAGUE 7M PROFESSIONAL BASEBALL CLUB SAN BERNARLIM SEM9 12 24 ECONOMIC DIPAC:T SE .Y 'Ile following numbers represent income brought into the community from outside sources or spent locally in the community by the San Bernardino Baseball Club Inc. For calculating purposes,this survey uses a multiplier of 7 for outside monies and a multiplier of 5 for local monies spent by Spirit Baseball. These multipliers were provided by the mayors office of San Bernardino. The following figures reflect hotel nights, food,goods,services and extended stay lodging in the San Bernardino coromunity because of the presence of San Bernardino Spirit Baseball. The figures also mpresent operating expenses of the San Bernardino Spirit Baseball Club Inc.for local monies spent. P , YF,R&ST A" 25 players(minimum)X S 1,100.00 expenditure per mouth X 5 months $137,500 4 Staff members X$2,500.00 expenditure per month X 5 months $ 50,000 7.Front office staff X$2,000.00 expenditure per month X 12 months $168,000 When applying the Multipliers: $137,500 x 7(multiplier)_$962,500 $ 50,000 x 7(multiplier)=S350,000 $168,000 x 5(multiplier)=$840,000. PLAYERS,STAFF AND FRONT OFFICE TOTAL! =S2jRpS00 YL5MG TEAMS Because half of the Spirit's home games are played against commuting teams,only 34 hotel dates will be used However,both Northern and Southern division teams are included in meals that are purchased in San Bernardino. 18 rooms x$40.00 per night x 34 nights =S24,480 25 players x$15.00 per day x 68 days =$25,500 4 staff x 520.00 per day x 68 days -S 5,440 Goods and services: 29 players and coaches x$7.50 per day x 68=S 14,790 VISITING TEAMS=.S70,210 i 7(multiplier) —$491,470 P.O.BOX 30780•SAN BERNARDINO,GA 92413.1007 EAST HIGHLAND AVENUE,FISCALINI FIELD*SAN BERNARDINO,CA 92404 FEB-04-'94 08:52 ID:CITY OF SAN BDNO TEL N0:909-384-5461 #051 P05 . r i imams Figures on 1 room for 2 umpires per home game. 1 x$40.00 per night x 68 nights =$2,720 Meals: 2 x$15 per day x 68 days =$2,040 Goods&services: 2 x$10.00 per day x 68 days =$1,360 UMPIRES=S6,120 X 7(multiplier) 542,840 OEM=VISITO M. We average approximately 4 to 6 out of town visitors each and every night_ Please note that this does not include any fans but only scouts,major league personnel,and faruily and friends of the respective teams. These nuaib«s include hotel,food,transportation, and goods and services.$40.00 per hotel night,$20.00 per day food,S 15.00 per day goods and services. 5 guests x$75 per day x 68 days =$25,500 OUTSIDE VISITORS=$25,500 X 7(multiplier) =S178,m0 TEAM QZEBA3= it is estimated that expenses necessary to aperate San Bernardino Spirit Baseball on a yearly basis are approximately$700,000 TEAM OPERATION-$700,000 X 5(multiplier) =S3,5WOO 13a5ed on the numbers shown above,the economic impact of the San Bernardino Spirit Baseball Club Inc.on the City of San Bernardino,NOT INCLUDING ANY FANS COMING TO GAMES FROM NEIGBBORING CO1VI ALINITIES,can be estimated 2t- $6,365,310 per year. �s --1 WARNER W. HODGDON HEART BAR RANCH,ARROWHEAD SPRINGS rr. POST OFFICE BOX 2146 SAN BERNARDINO.CALIFORNIA 92406 CIrC"1 (714)881-1547 •94 MAR -1 An -33 TELECOM (714)886-9962 February 23, 1994 Ms. Rachel Clark City Clerk, City of San Bernardino 300 North D Street San Bernardino, California 92401 RE: February 7, 1994 City and EDA Meeting and Minutes i.e.: Warner Hodgdon comments and documentation Dear Ms. Clark: On February 7, 1994 I addressed the City-EDA Commission and Council. This was per my February 7, 1994 letter and attached November 1, 1993, December 14, 1993, December 15, 1993 and January 8, 1994 letters. Accordingly, I submitted same to you for the City/EDA Public Record. (See front page only of Submitted February 7, 1994 Letter by Warner Hodgdon to the City Clerk) Enclosed for your records is another copy of my February 7, 1994 letter with attached letters, photologs and documentation. Thank you for your cooperation in reflecting this for the record and placing same in the appropriate February 7, 1994 minutes. Respectfully, Warner W. Hodgdon HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 \ / HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFFILIATE WARNER W. HODGDON HEART BAR RANCH,ARROWHEAD SPRINGS POST OFFICE BOX 2146 SAN BERNARDINO,CALIFORNIA 92406 (714)881-1547 February 7, 1994 /TELECOPY: �'!',/�i!✓✓�/'-T/(✓u/���6-9962 Mayor and Common Council City of San Bernardinot// 300 North "D" Street San Bernardino, California 92418 RE: City Baseball and Sports Stadium-California Theater CLO City/EDA Agenda February 7, 1994 RE: City and East Valley Updated Overall Physical,Fiscal and Legal Plan(s)of Development/Finance Dear Mayor and Common Council: Thank you for the opportunity to speak with you today at the February 7, 1994 City/EDA Public Meeting regarding a Sports Stadium. The Stadium Commission first presented their Report and Recommendation of Location preference on Thursday, December 2, 1993 i.e.: THE NATIONAL ORANGE SHOW, east of Arrowhead Avenue and west of the Twin Creek Channel. Other practical considerations were; (1) the SBCT&FCG Land west of Rt. 215 at the Auto Center, (2) "E" Street between the two Malls, and(3)Rancon Area Waterman Avenue. From reading The Sun Sports Article dated January 25, 1994 I learned that this matter would be publicly discussed further as part of the February 7, 1994 City/EDA Agenda. The article was titled: "MAYOR: "STADIUM'S CHANCES 50-50", Quote: "Mayor Minor said Sunday he believes the chances of San Bernardino building a 5000 Capacity baseball stadium in time for the 1995 season are "a 50-50 shot". Minor said a ballpark is not the ton priority for his financially strapped City. "But it's one of the top ones. We want to get moving on this because time is of the essence." Mayor Minor made a Major League acknowledgment in The Sun Article when he recognized that San Bernardino is a FINANCIALLY STRAPPED CITY. The December 1, 1993 Stadium Commission Report recognized that the Minor League Class A Baseball Team use is only 20% of the year, maintenance/operating cost is $200/300 thousand annually and therefore City Funds and/or Private contributions for the $5-8 Million ± Stadium Facility, including 1600 car parking, are required. I speak to you with reasonable humility, but with deep knowledge of the City's Socio/Economic history, future, prior Plans of Development, Plans of Finance and including Sports Recreation/Special Event Facilities. Through 1967-1975 I have served in various capacities, including Chairman of the Redevelopment Agency, Financial Consultant-Projects Coordinator for the Public Safety/Civic Center Joint Power Authority(s) and Chairman of the Economic Council etc.. During an approximate seven year period I worked representing the City and related Public Entities in equivalent to Full-Time without pay, paid my own expenses and/or contributed back far more than any consultant earnings. My family contributions are approximately $10 million to the City and Local Non-Profit Entities; i.e.: YMCA, YWCA, Regional Little League and Shandin Hills Public Golf Course/Blair Park in 1985 etc. HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 IT RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-01S3 ���VVVV A WARNER W.HODGDON FAMILY GROUP AFFMATE WARNER W. HODGDON HEART BAR RANCH,ARROWHEAD SPRINGS POST OFFICE BOX 2146 LN SAN BERNARDINO,CALIFORNIA 92406 (714)881-1547 February 7, 1994 TELECOM (714)66.9962 Mayor and Common Council City of San Bernardino 300 North "D" Street San Bernardino, California 92418 RE: City Baseball and Sports Stadium -California Theater CLO City/EDA Agenda February 7, 1994 RE: City and East Valley Updated Overall Physical,Fiscal and Legal Plan(s)of Development/Finance Dear Mayor and Common Council: Thank you for the opportunity to speak with you today at the February 7, 1994 City/EDA Public Meeting regarding a Sports Stadium. The Stadium Commission first presented their Report and Recommendation of Location preference on Thursday, December 2, 1993; i.e.: THE NATIONAL ORANGE SHOW, east of Arrowhead Avenue and west of the Twin Creek Channel. Other practical considerations were; (1) the SBCT&FCG Land west of Rt. 215 at the Auto Center, (2) "E" Street between the two Malls, and (3)Rancon Area Waterman Avenue. From reading The Sun Sports Article dated January 25, 1994 I learned that this matter would be publicly discussed further as part of the February 7, 1994 City/EDA Agenda. The article was titled: "MAYOR: "STADIUM'S CHANCES 50-50", Quote: "Mayor Minor said Sunday he believes the chances of San Bernardino building a 5000 Capacity baseball stadium in rime for the 1995 season are "a 50-50 shot". Minor said a ballpark is not the toppriority for his financially strapped City. "But its one of the top ones. We want to get moving on this because time is of the essence." Mayor Minor made a Major League acknowledgment in The Sun Article when he recognized that San Bernardino is a FINANCIALLY STRAPPED CITY. The December 1, 1993 Stadium Commission Report recognized that the Minor League Class A Baseball Team use is only 20% of the year, maintenance/operating cost is $200/300 thousand annually and therefore City Funds and/or Private contributions for the $5-8 Million ± Stadium Facility, including 1600 car parking, are required. I speak to you with reasonable humility, but with deep knowledge of the City's Socio/Economic history, future, prior Plans of Development, Plans of Finance and including Sports Recreation/Special Event Facilities. Through 1967-1975 I have served in various capacities, including Chairman of the Redevelopment Agency, Financial Consultant-Projects Coordinator for the Public Safety/Civic Center Joint Power Authority(s) and Chairman of the Economic Council etc.. During an approximate seven year period I worked representing the City and related Public Entities in equivalent to Full-Time without pay, paid my own expenses and/or contributed back far more than any consultant earnings. My family contributions are approximately $10 million to the City and Local Non-Profit Entities; i.e.: YMCA, YWCA, Regional Little League and Shandin Hills Public Golf Course/Blair Park in 1985 etc. HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN ISS0 HEADQUARTERS:POST OFFICE,BOX 2146,ARROWHEAD SPRIINGS,SAN BERNARDINO,CALIFORNIA 92406 IT RESIDENCE MAILING;3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNLA 92404,(714)883-0IS3 WW A WARNER W.HODGDON FAMMY CROUP AFFLIA7E Page 2 I believe the NUMBER ONE TOP PRIORITY in the City and East Valley today is an updated Overall Physical, Fiscal and Legal Plan(s) of Development/Finance. The last was formulated and adopted by the City, EDA and County for 1958-1980-1985; this included State, Federal, Caltrans, Airport facilities, with California Theater, new Performing Arts Center, Sports Recreation, Orange Show Asset and Transportation emphasis. In 1989 I assisted in structuring the interim $35 Million City/EDA Plan of Finance as a bridge to allow time for the needed update. The prior 1967-1975 long term RDA Project(s) Development and Plan(s)of Finance were the financial foundation of the EDA that has sustained the City from 1975 to this time. However, we cannot capitalize on this areas "World of Opportunity" without knowledgeable, experienced and comprehensively prepared actions to change the present uncharted deteriorating course. One part at a time, without knowing the sum parts of the whole, will not work. The major overall need is by far to severe for childlike analogy of one step at a time. First we must face the total negative side of our economic battery or the positive side by itself will never start or work. Just a few on-going sincere community concerns are exampled by the following. In December 1988 we viewed the 27,000 Direct and Indirect Job loss, 39,000 population out migration and socio/economic impact Loss of$1.8 Billion by NAFB closure being announced. In April 1991 we read that Stubblefield "Mountain Shadows" was awarded $11.537 Million Damages Against the City by a Jury. In November 1991 we viewed another east valley Wal-Mart Deal scrutinized by a Doggie Pooper Scooper. In 1992 we viewed the making of a "Mountain out of a Manhole" plot at Sterling Avenue. In 1993 we viewed the Rancon/Central City battle of the "High Rise Buildings" and the pitting between the two Malls, all over poor planning and after the fact. November 1993 brought the view of losing 800 jobs at Roger's Bindery, City/EDA $4 Million interim loan with Dukes and Dukes $18 Million Residential Capital Investment west of Medical Center Drive and the City/EDA $8.5 Million Loan Guarantee approved by the City/EDA for the Community Hospital Board of Directors. Ending 1993 we viewed the expansion of Indian Bingo and Wounded Eagle takeover challenges to the Norton IVDA/Airport Authority "Last Stand" for not producing 1988-1994 replacement Jobs. A view of 1994 includes the threatened closure of the Civic Light Opera, an East Valley Cultural Cornerstone for 47 years. To prove my point that the overall area is in crisis, the most enlightening news article I have ever read in our City summed it all up factually on January 10, 1994 and titled; "S.B. Grant would add 23 officers" Quote: "It amounts to a bleak portrait,but that's what is needed to win federal help,said acting Police Chief Wayne Harp" The Sun article's statistics carry those from a 1992 FBI Report that; (1)the City is first in the State and 13th in the Nation for Crime, (2) in 1993 the City had the highest murder rate in the State, (3) more than 2,100 gang members belong to 10 major gangs that have made an exodus from other Cities to ours, including 874 parolees and 174 fugitives, (4) the City's Tax Base can not support a major increase in the police budget, which now takes 42% of the total City Budget and (Fire takes another 18%), (5)Welfare is 34% and Unemployment/Disability is 17% and, (6)a major support for the Federal Grant to hire 23 officers is defended by the City's major business closures and Job Loss. I have constructively addressed these and other issues for the Official City Record in this letter and my letters to Mayor Minor and the Council dated November 1, 1993, December 14, 1993 and December 15, 1993 RE:, but not limited to, the Sterling Avenue Area City Obligations, City/EDA/IVDA Wal-Mart/Stubblefield $5.4 million impact Cost/Loss, Roger's Bindery City/EDA $500 thousand Relocation Assistance Inducement for 800 Jobs, City/EDA $4 Million interim loan with Dukes and Dukes $18 Million Residential Capital Investment, the City/EDA $8.5 Milliotr HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN By ISSO HEADQUARTERS:POST OFFICE BOX 2 146,ARROWHEAD SM24GS.SAN BERNARMO,CALIFORNIA 92406 IT RESIDENCE MAILING:3295 BROADMOOR BOULEVARD.SAN BERNARDINO.CALIFORNIA 92404,(714)883-01S3 WW A WARNER W.HODGDOFI FAMRY GROUP AFFILIATE Page 3 Community Hospital Board Loan Guarantee, Stubblefield $11.537 Million Court Damages against The City, and the Baseball Commissioners $5-8 Million±Sports Stadium recommendation. (See attached November 1,1993 and December 14 and 15,1993 letters by Warner Hodgdon to the Mayor and Common Council) Accordingly, by my January 8, 1994 letter to Mr. Penman, City Attorney, I address, but not limited to, the January 5, 1994 Article, titled; "S.B. City Attorney could save $500,000, audit suggests: S.B. City Attorney Penman feels Vindicated". The City still faces multiple lawsuits in the Superior and Federal Courts, without knowing the outcome, the total Damages asked for Violation of Civil Rights and No Due Process are approximately$50 Million. Irrespective, the$500 thousand annual savings to be produced by the City Attorney's Office, and supported by the December 29, 1993 Management Audit, will Amortize Bond Funding for needed City Capital Improvements of approximately another$8-10 Million. (See attached January 8,1 994 letter by Warner Hodgdon to James F.Perunan,City Attorney) The Summary excerpt of my November 1, 1993 letter to the Mayor and Council is attached hereto. My constructive thoughts of support and consideration of a Sports Stadium Facility is part of my December 15, 1993 letter to Mayor Minor and excerpt thereof is attached. (See attached Summary Excerpt of Warner Hodgdon November 1,1993 letter to the Mayor and Common Council) (See attached Sports Stadium Facility Excerpt of Warner Hodgdon December 15,1993 letter to Mayor Tom Minor) • Certainly I understand, as well as the members of the City Council, City Staff and Citizens what it's like to be financially strapped. The Mayor courageously admitting in The Sun that the City is financially strapped too puts everyone in the same Ball Park. I know the Council as well as myself and others are tired of watching Sand Lot batting practice and hitting nothing but foul balls that exemplify the changing character of the City today. We must all immediately be concerned of the equity Loss of Value in every Citizen's Home and business capital investment being eroded away by our deteriorating City which is in Socio/Economic imbalance. Without a City and East Valley updated Overall Physical, Fiscal and Legal Plan(s) of DeveIopment/Finance the continued piece meal approach will pull us down completely, like the underwater barnacles sink an empty boat. I love this community with all my heart and soul, and have given my all for years. To cope with a Global International Economy, we must all work together to clean up our own house for everyone to reach the City and East Valley's "World of Opportunity". It's time for a few Home Runs. Even Babe Ruth wasn't perfect, but his abilities caused the need for the Stadiums to be built and made the attendance of the Game an American Institution. The City and the East Valley can not afford to loose any more time or Jobs, everyone needs to team-up and PLAY BALL on a Major League level. Sincerely, Cr Warner W. Hodgdon CC: Shauna Clark,City Administrator James F.Penman,City Attorney HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SFRINCS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CAt]PORNtA 92404,(714)883-0153 WW A WARNER W.HODGDON FAMMY GROUP AFFUJATE Except from Warner Hodgdon letter to Mayor Tom Minor, December 15, 1993 I. City Baseball and Sports Stadium Comments to Mayor Minor: As a separate City matter, thank you for asking my comment as to the proposed $5 Million f Baseball Stadium Alternatives for City/EDA Capital Investment outlined in the Thursday, December 2, 1993, 7:30 AM Stadium Commission Presentation and Report. I would have not commented had you not asked because of having no prior review of the Commission's December 1, 1993 Report or Presentation. Super Block and Sport Stadium Funding Conduit: However, of the five City/EDA alternatives the Sports Stadium Capital Funds ($5 Million) being derived through the 5% unrestricted Bond Proceeds added through the Super Block $100 Million ± Bonds was a innovative Finance conduit. I did note from the brief review of the Report that the 1600± Auto Parking, lighting, landscape, Off-Site Streets Improvement(s) Costing a minimum of $2 Million ± was not included, and that the Facility Operating Revenue/Expenditure Pro-Forma will be prepared at a later date. Class A Ball Team 20% Effective Use: The Spirits Class A Ball Team has approximately 70 minor league home games or 20% effective use of the facility on a 365 day year basis. Their specific commitments were not outlined in the Report. Never-the-less the Commission felt the Operation(s) Shortfall would be in the $200/300 thousand range annually and in addition to the City/EDA 5 Million ± Capital Bond Amortization and Parking/Access Improvement Cost Amortization. Commission's Recommended Location: I am very familiar from ownership with various Multi-Use Sports/Recreation Facilities, (Horse/Auto Tracks, Special Events, and others) and the related Public and/or Private Operations, Promotion and Financial Economics relative thereto; i.e.: Riverside/Ontario International Speedways, Shandin Hills Golf Club, Nashville, Phoenix, Richmond etc. Your acknowledged support to the City Baseball Commission of the Spirits Class A Ball Team and Sports Stadium facilities is very commendable, including substantial added private contributions therefore. The Commission's primary recommended site location is east of Arrowhead Avenue and west of the Twin Creek Channel on National Orange Show Property. (See attached Montage of Warner Hodgdon/National Engineering Company Racing Facilities and Special Events) (See attached Shandin Hills Golf Club Photo with Central City Background) Existing City Sports and Park Recreation Facilities: Contributions: Perris Hill, Blair Park, Shandin Hills: Perris Hill Park land, which also accommodates the existing Spirits Team Ball park was an early 1900's construction. The City's own Parks and Recreation October 12, 1993 Report to the Stadium Commission speaks for itself. This stadium has many City Sub-Standards i.e. parking, searing, temporary concessions/restrooms, crime and neighborhood nuisance. Relocation of this obsolete facility in the mid 1980's and City/EDA acquisition of the abandoned Gasoline Facility, , HERITAGE OF THE MOUNTAINS AND VALIFY BEGAN IN 18SO HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPIUNCS,SAN BERNARDINO.CAL notNIA 9240E IT RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO.CALIFORNIA 92404,(714)283-01S3 ����jjjj//// A WARNER W.HOOGOON FAMMY GROUP AFFRJATE (Junk yard) to the east would have allowed expansion of American Express from 350 to 500± employees. Expanded parking reuse would have accommodated Perris Hill Park and Bowl activities as well as retention of the employment base to support existing Highland Avenue Retail, Commercial, Food and Neighborhood Capital Investment Base. The result being that in- action forced the original Sports Team move to Rancho Cucamonga and American Express/General Electric Mortgage relocation of 500 business related employees to an Industrial Park. This left the Highland Avenue Area Central Corridor with added major overall economic instability. Blair Park and Shandin Hills Golf Club: The Stadium Commission's Report spoke of private contributions to pay for the facility. My family's land and capital contributions toward Blair Park, Shandin Hills Golf Club and Rt. 215/30 Enhanced Environmental "Green Belt" Access to the City and State University alone far exceeded the Commission's current Reported Baseball Stadium cost projection of $5 Million. It is my understanding from recently viewing the Community TV that the City/EDA positive Cash Flow of $300/$400± thousand annually from the City/EDA Golf Club is now being used to supplement the City Budget in order to Trim the overall City Parkway Trees, current deferred maintenance etc. If the City/EDA does not adhere to the Standards of maintenance required by the Operating Lease Agreement of the Golf Club it too will have diminishing Presence Value and diminishing Public Revenues. Historically existing Public/Private Recreation Golf Courses increase in value with the maturing of trees, increased replacement Capital Cost and an economically growing community market area. New City Sports Recreation Facilities: Forest Creek Greens and Sports Resort Rt. 330/City Creek Canyon: New City Sports Recreation Facilities require a long-term comprehensive overview. As you know we have been working toward a similar Scenic Drive Rt. 330/City Creek Canyon facility North/South of Highland Hills named "Forest Creek Greens and Sports Resort". This Rancho San Andreas North Plans of Development was considered and designated the Preferred Land Use grandfathered and incorporated into the July 3, 1989 Updated City General Plan/FEIR and July 3, 1989 City/Superior Court Approved City/Highland Hills Homeowners Association Settlement Agreement. The 60 month Capital Investment Build-Out is projected to ' be $225 Million and will generate over 6000 direct and indirect "Jobs". (See attached October 25, 1993 Rancho San Andreas North/South Schematic Perimeter Outline Plan) (See attached Rt.330/Highland Avenue Area Wal-Mart and Forest Creek Greens and Sports Club Illustrative Aerial) Regional Access and Sports Recreation Facility "Presence Value" Please keep in mind while determining the new Baseball and Sports Stadium location that long term successful Sports/Recreation facility Revenues all require Regional Access "Presence Value" and high standards of maintenance for continued Positive Cash Flow and Profitability. City Full-Standard Access (curb, gutter, sidewalk, lights, landscape, trees, irrigation, parkways, etc.) are added pre-requisite "Presence Values" to all City/Private Capital undertakings to Generate Public Revenue Resources i.e.: Sports/Recreation Facilities, Commercial, Retail, Industrial, Airports and most importantly to the largest Public Revenue Producer of all, existing and future Residential Neighborhoods (Ad Valorem Tax, Related City/Franchise Service Fees-Sales Tax, and Utility Tax). HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN W 1850 HEADQUARTERS:POST OFFICE BOX 2146.ARROWHEAD SFRLNGS,SAN BERNARDINO.CALIFORNIA 92406 IT RESIDENCE MAILING:1295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 72404.(714)883-01 S3 WW A WARNER W.HODGDON FAMILY GROUP AFPRIATE City Retention and Reinforcement of Economic and Employment Growth, "Quality of Life": Without a viable "Job Base" and well maintained Socio/Economic Neighborhoods, there is no "Quality of Life" foundation for retention and reinforcement of economic and employment growth. Thus a diminishing "Job Base" to support existing and other long term Public/Private undertakings, including a Baseball and Sports Stadium Recreation Facility; i.e.: Norton AFB 1988-1993 Closure process has resulted in Losses of 27,000 Direct and Indirect "Jobs", Population out-migration 39,000 and $1.8 Billion Economic Impact Loss with no secured replacement "Jobs" in a five year period (1988-1993). The Norton fallout and spreading effect is now being felt in diminishing Home Values, Business Revenue, Newspaper Revenues, Orange Show Off Track Para Mutual Revenues, Sport Ball Team Revenues and even the Civic Light Opera. City and East Valley Overall Physical, Fiscal and Legal Plan(s) of Development/Finance: The number one top priority in the City and East Valley today is an updated Overall Physical, Fiscal and Legal Plan(s) of Development/Finance. The last was formulated and adopted by the City/EDA/County for 1958-1980-1985; this included State, Federal, County, Caltrans facilities with California Theater, Performing Arts Center, Sport Recreation, Orange Show Asset and transportation emphasis. We cannot capitalize on this area's "World of Opportunity" without knowledgeable, experienced and comprehensively prepared action to change the present un- chartered deteriorating course. The City can't afford to loose any more time; everyone needs to team-up and "Play Ball" on a major league level. Thanks to the Stadium Commission for their efforts. HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1250 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS.SAN BERNARDINO.CAL WORNIA 92406 RESIDENCE MAILING:5295 BROADMOOR BOULEVARD,SAN BERNARDINO.CALIFORNIA 92404,(714)223-0153 WW A WARNER W.HODGDON FAMILY GROUP AFFRJATE Page 17 Excerpt from Warner Hodgdon letter to the Mayor and Common Council, November 1, 1993 SUMMARY: Wal-Mart/Interim Land Owner should not have been rewarded with Multi-Million Wind Fall Profits: Conceptual "Up-Grade" Architectural/Landscape treatment Illustrative Aerial Renderings to enhance the Wal-Mart Development Design were provided by RSA (Warner Hodgdon) to the City and Councilman Maudsley by February 26, 1992 Letter Report Book. The City Administrator had deep concern as to the Overall City Impact Cost/Loss and sterile Quality of Wal-Mart structures in other communities. The purpose of the Wal-Mart Village Illustrative renderings prepared for the City by RSA (Warner Hodgdon) was that in the event the project was approved with the represented 1991 City/EDA $550 thousand subsidy and Non/Limited Access cost waived and/or circumvented, but now both grown to $2.43 Million ±, the City could prudently require the Developer to create a "Quality Designed Project". However, these City/EDA subsidy funds and other inducements were used for the Interim Land Owner MULTI-MILLION WINDFALL PROFITS leaving town and the resulting Sterile Buildings, poor landscape and equipment scattered flat roofs to be viewed from the Rt. 330 Scenic Drive, existing "Mountain Shadows" Residential/Mobile Home owners, Sycamore Heights, Carriage Hills and the future Highland Hills quality developments. In other words, the City/EDA/City Attorney were apprised of how to make an honest "Good Deal" they choose to GLORIFY themselves for the sake of MAKING A DEAL and in doing so made a pre-scrutinized sucker out of their Council Peers, Local Citizens and Business. City Attorney's July 15, 1991 Recommended Stubblefield 766% Density Increase/Apartments Inconsistent to the City July 3, 1989 Updated General Plan/FEIR and Inconsistent with the City Approved July 3, 1989 Highland Hills Homeowners Association Settlement Agreement: Also incorporated within my February 26, 1991 and January 10, 1992 Letter Report Books to the City was my related September 5, 1991 letter. This letter related to the contiguous Stubblefield "Mountain Shadows" $11.537 Million Damages against the City and July 15, 1991 Stubblefield 766% Density Increase and Highland Avenue Commercial Benefits recommended by the City Attorney; including the Wal-Mart Development Agreement PITFALLS to the City/EDA of creating Interim Land Owner WINDFALL PROFITS from the City/EDA paying the Highland Avenue Area Improvement Cost with other needed Project Area Funds. Currently Wal-mart/Stubblefield have received City/EDA Highland Avenue Area Improvement amounting to $1.2 Million ±. HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146.ARROWHEAD STRINGS,SAN V"ARDINO,CALIFORNIA 92406 IT RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDIIO,CALIFORNIA 92404,(714)883-0153 IIII A VARMR V.HODGDON FAMRY GROUP AFFNATE Page 18 My letter also pointed out that the City Attorney's July 15 1991 recommended Stubblefield 766% Density Increase, including, 480 high Density Apartments at east Rt. 330/City Creek Canyon 20 acre property was inconsistent with the City updated General Plan and FEIR effective July 3, 1989, and that it was also inconsistent with the City approved July 3. 1989 effective date of the integrated City/Highland Hills Homeowners Association Settlement Agreement. Rancho San Andreas North (RSA) Highland Hills Resort Golf Course with no multi-family is immediately contiguous to Stubblefield. The "Mountain Shadows" and "Highland Hills" Homeowners had previously opposed the 1986 Stubblefield proposed 492 Mountain Shadows Apartments and December 1987 Planning/City approved Highland Hills Apartments of others. Subsequent with RSA working with the neighborhood homeowners, Rancho San Andreas North (RSA) Highland Hills Plans of Development were considered and designated the Preferred Land Use Grandfathered and Incorporated into the July 3, 1989 Updated City General Plan and FEIR. RSA upholds Informed Giving to the City and Not Hidden Taking: Copies thereof were forwarded to the City Attorney's Office for his purview and response to RSA request for clarification, to which they would not respond, but not limited to, the City Attorney's recommended; (1) Stubblefield July 15, 1991 Density Increase (123 DU's to 793 DU's), (2) Highland Avenue/Storm Drain Improvements, (3) Stubblefield Waved Development Impact Fees, (4) Stubblefield Multi-Million Dollar Scheme for Rt. 330 Fill- Material Sale to Caltrans/Contractor, (5) Stubblefield 480 high Density Apartments at east Rt. 330/City Creek Canyon, (6) Stubblefield City Initiated General Plan Amendment, (7) Wal- Mart Development Windfall Profits, (8) Highland Avenue Non-Access and Limited Access Cost to Wal-Mart Development, (9) Wal-Mart City General Plan Amendment(s), (10) Related City and Superior Court approved July 3, 1989 City/Highland Hills Homeowners Association Settlement Agreement at No Cost or Loss to the City, (11) Stubblefield $11.5 Million Damages being "Grossly Excessive", and (12) the September 5, 1991 Warner Hodgdon letter forwarded to Councilman Maudsley and the City Attorney for the City Record requesting City clarification of their July 15, 1991 actions stated; Quote: Because of lack of communication or any notice from others and the ambiguous way the July 15, 1991, City Council Agenda Item 38, July 23, 1991 and August 22, 1991, News Articles reported same, RSA Company felt that I .should write you this letter for the City Record and r=est clarification. I am sensitive to these current City Actions and realize they ' may have been brought about by trying to face the STUBBLEFIELD CHARGES AND ATTACKS ON THE CITY. When the July 15, 1991, City Initiated General Plan Amendment becomes correctly understood by the Press, the Public and residents in the area, hopefully even greater litigation will not be caused. RSA Company is most anxious to help and as always remains constructively motivated by our family's committed belief. that INFORMED GIVING. and not HIDDEN TAKING, is to the mutual best interest of ever ov ne.,, (See attached July 23, 1991 Article,"S.B.will rezone tract to halt Stubblefield Trial") (For reference:See Warner Hodgdon February 26, 1991 and January 10, 1992 Letter Report Books and Photologs RE:Wal- Mart City/EDA Cost$550 thousand) (See attached August 22, 1991 Article,"S.B.handed$291,164 bill in court fight against developer") Stubblefield should not be Rewarded for Inept Handling of $11.537 Million Damages: HERITAGE OF THE MOUNTAINS AND VARY BEGAN IN 1t50 OHEADQUARTERS:MST OFFICE BOX 2146.ARROVIMAD SPRINGS,SAN BERNARDINO.CALn:oRNiA 92406 IT RESIDENCE MAILING: NI NG:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CUMRA 92404,(714)283-0153 WW A WARNER W.NODGDON FAMILY QtOUF AFFILUTE Page 19 Stubblefield should not be rewarded for the City Attorney's inept handling of the April 2. 1991 to lefield "Mountain Shadows" $11,537 Million Damages Against The City. and by the City now; (1) giving/allowing east/west Rt. 330 Sub-Standard Primary/Secondary Access, (2) accepting 50 year Stubblefield Development Agreements therefore and the City also accepting the Deficiency/Maintenance Cost and other liabilities thereof, (3) Highland Avenue Area Improvements giving/allowing City/EDA $400 thousand cost without reimbursement, (4) City Special Sub-Standard Primary/Secondary Access Development Code Amendment Legislation, (5) reduction of City Development Impact Fees (Multi Millions), and (6) west Rt. 330 44 acre Borrow Site and 500 thousand cubic yard ± to $2.5 Million Grading Plan schemes for unneeded Caltrans/Contractor Rt, 330 Fill Material sale, which in truth was for 80 underlying Mobil Home Lots not in compliance to the July 3, 1989 Updated City General Plan Hillside Management District, and west Rt. 330 Frontage Road Sub-Standard Primary Access without Full-Standard Improvements. RSA-Secret Hollow Ranch Sterling Avenue Area and Highland Hills Curtailed by City Attorney; but Sworn Testimony used in Stubblefield $11.537 Million Damages Trial: Accordingly, and beginning December 19, 1991, RSA has also been curtailed by the City Attorney, but not limited to, from being allowed the Titled and recorded Full-Standard Primary/Secondary Access to the Dedicated 1/22/86 Sterling Avenue Area. The former owner, Arrowhead Service Corporation, was informed that the November 7. 1990 Planning/City Attorney handling of Sterling Heights/Sterling Avenue Area had Vacated their prior titled access. this was later proved not to be true. The Planning/City Attorney's November 7, 1990 Mis-Handling of the Sterling Heights Tentative Map and attempt as part thereof to vacate this Dedicated Full-Standard Public Access for realignment by Sub-Standard Private Easement Access was used in the Stubblefield January 28, 1991 $11.537 Million Damages Trial. As further curtailment, but not limited to, on June 19, 1992 Warner Hodgdon/RSA allegations were made by the City Attorney for Massive Grading and Tree Removal within the 1/22/86 Dedicated Sterling Avenue Area and RSA-Highland Hills for roads, curbs, gutters, infrastructure (drains, pipelines, reservoirs) for House Lots and Apartment Pads. RSA did no such activity and the City Attorney's actions have curtailed RSA causing great Damages. City Attorney and Councilman Maudsley informed Widmeyer "Patton Hills and Stubblefield "Mountain Shadows" Massive Grading and Infrastructure Construction: Yet in truth, before December 23, 1991, Stubblefield had done the east/west Rt. 330 "Mountain Shadows" 283 acre Massive Grading and Infrastructure Construction (roads, drains, pipelines, reservoirs, Small Canyon Streambed); including by June 1992 the Bull- Dozing of Thousands of Boulders, Tons of Material, Debris, Trees and Stumps into the City Creek Canyon Streambed. These Stubblefield existing unpermitted activities are parallel to the existing and contiguous Widmeyer "Patton Hills" Massive Grading and Infrastructure Construction completed by September 1992. A major portion of these unpermitted actions were revealed to Warner Hodgdon (RSA) by Councilman Maudsley on December 23, 1991 and the City Attorney informed Warner Hodgdon of them on February 11, 1992. Councilman HERfrAGE OF THE MOUNTAIM AND VALLEY BEGAN IN It" OHEADQUARTERS:POST OFFICE BOX 2146.ARROWHEAD SPRINGS.SAN BERNARD[NO.CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD.SAN BERHARDINO.CALIFORNIA 92404,(714)183-01 S3 WW A WARNER W.HODCDON TAMMY GROUP AFFMIATE Page 20 Maudsley lives on Palm Crest Drive directly across from both Stubblefield and Widmeyer unpermitted Developments. Stubblefield "Mountain Shadows" Mobile Home owners held as Economic Hostages while the Wal-Mart Deal Siphons Windfall Profits out of the City: While the Stubblefield "Mountain Shadows" Mobil Home owners are held as local Economic Hostages by Stubblefield unconscionable and sophisticated lease agreements, Multi-Millions to the out-of-town Interim Land Owner in WINDFALL PROFITS have been siphoned out of the City by the November 6, 1991 Wal-Mart Development/Highland Avenue Area Agreements alone. This includes, but not limited to, the $1.2 Million ± City/EDA improvements Cost/Loss give-a-way, $550 thousand Deferred City Time Payments for Wal- Mart Development Impact Fees and the $1.2 Million ± Highland Avenue "Access Benefit Price" for the Non-Access/Limited Access Development Land "Added Value" thrown in by the City, on what little the Wal-Mart Developer/Land Dealers had to pay the City. City/EDA/IVDA Impact Cost/Loss $5.4 Million ± from Wal-Mart/Stubblefield Deal: On October 21, 1993 the City/EDA approved another $11 thousand Change Order addition to the $1.2 Million Wal-Mart/Stubblefield Highland Avenue Area Improvements on the consent calendar and without Public Comment. Ironically the Stu bblefield/Wal-Mart property fronting these Highland Avenue City/EDA Improvements are in the IVDA Redevelopment Project Area. The major Wal-Mart Development buildings are not within the IVDA Project Boundary and no boundary adjustment was provided by the City Attorney in the November 6, 1991 Wal-Mart Development Agreement to capture these added IVDA Incremental Revenues ($3.12 Million) needed to Off-Set Norton Job Loss and/or the City/EDA improvement cost reimbursement ($1.2 Million ±) to the financially strapped City Redevelopment Project Areas. The resulting total City/EDA/IVDA Impact Cost/Loss is $5.4 million ± not including the Wal-Mart Deferred City Development Impact Fees of $550 thousand over a four year Time Payment Plan. Roger's Bindery Commitment to remain in San Bernardino was induced by City/EDA Relocation Assistance: 800± Jobs with $10 Million Payroll: Local Businessman Threatened Foreclosure by City/EDA with no Valid State UCC Filing: At the same October 21, 1993 City/EDA meeting approving another $11 thousand for Wal-Mart/Stubblefield $1.2 Million Improvements paid for by the City/EDA. a life long local ocal businessman employing 800± people at Roger's Bindery with a $10 Million Payroll was threatened to be FORECLOSED on for being behind $56 thousand in reported City/EDA Relocation Assistance payments. It is my understanding that the original 1983 City/EDA action was to be a full Relocation Assistance Inducement of approximately $500 thousand for Roger's Bindery to remain and expand Job Payroll in the City Project Area. City/EDA Relocation Assistance Inducement: HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 19s0 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS.SAN BERNARDINO.CAIBORNIA 02406 IT MAILING:AILING:3295 BROADMOOR BOULEVARD.SAN BERNARDINO.CALVORNIA 92404.(711)983-0153 ����JJJJ//// A WARNER W.HODGDON FAMLY GROUP AFMIATE Page 21 Irrespective, Roger's has accrued in pay-back payments to the City/EDA of principle ($50 thousand ±) and interest ($250 thousand ±) for the total approximate amount of $300 thousand. Even this equation leaves a balance of only $200 thousand ± to the City/EDA now questionable loan. There is substantiation to the 1983 understanding of City/EDA for full Relocation Assistance Inducement without interest/principle reimbursement. The City Attorney's Office, acting as Legal Counsel to the City/EDA, must have recognized this, as they no longer continued required or make the applicable equipment collateral State UCC filing covering the City/EDA Relocation Assistance Inducement. To this the City/EDA now desires Mr. and Mrs. Imbriani to sign personal guarantees for City/EDA 1983 Relocation Assistance balance, that it appears they do not owe. City/EDA Consistency to Windfall Profits and Priority to Relocation Assistance Inducements: To be consistent the Council and the City/EDA Commission should take positive action to have the City Attorney stop and recapture the City/EDA Multi-Million Dollar improvement and other cost, used for WINDFALL PROFITS given away to the out of town Interim Land Owner and Wal-Mart/Stubblefield Development, and/or get personal guarantees for repayment thereof, including $550 thousand deferred City Development Impact Fees. These recaptured funds could be used to assist long committed Local Business Owners. IN FURTHER PERSPECTIVE to Roger's Bindery 1983 City/EDA Relocation Assistance Inducement and City/EDA participation, the City/EDA/IVDA recently approved a signed Agreement to the U.S. Government offering $100 Million ± for Relocation Assistance Inducement to obtain 4000 accounting office jobs to come to town on a 5 year Guaranteed Lease only. Roger's Bindery has been a LOCAL Company in business 27 years with 800 employee and $10 million payroll. In Ratio, Roger's Bindery should be given the same equal treatment as offered to the U.S. Government, under the same employee Ratio Roger's Bindery would be offered $20 Million, not threatened to close the firm down because the City/EDA fails to recognize their 1983 committed Relocation Assistance Inducement payment of $500 thousand, which has been voluntarily paid down by Roger's Bindery to approximately $200 thousand ± Roger's Local Transportation Cost and City/EDA Investment Property and Utility Taxes: The Roger's Bindery 1983 commitment to stay and expand in San Bernardino was at the price of also facing major added future transportation cost in the monthly $50 thousand range. This is required because their major finished product distribution is in Orange and Los Angeles Counties. In addition to the questionable Relocation Assistance principle and interest payments of $300 thousand ± voluntarily paid by Roger's Bindery to the City 1983-1993 Roger's Bindery has paid hundreds of thousands of dollars to the City/EDA for Project Area Incremental Property Taxes and Utility Taxes. It is my understanding this now equates to approximately $100 thousand ep r year in 1993. The City/EDA watched the related U.S. Regional Post Office with 1500 employees move from South E Street San Bernardino to a new Multi-Million dollar facility in Redlands and since expanded. Gross Revenues are $550 Million ±, of which Roger's Bindery supports $140 Million thereof. A reasonable case could be made that without Roger's Bindery City/EDA 1983 Relocation Assistance Inducement for consolidation and expansion in the City/EDA project area, the new Regional Post Office may never have been built because without Roger's $140 million Postal Revenues generated. the Regional Post Office would have operated at a Loss. HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1830 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO.CAUFORN1A 92406 RESIDENCE MATING.3293 BROADMOOR BOULEVARD,SAN BERNARDI NO.CALIFORNIA 92404.M4)887-0131 WW azzmsz A WARNER V.NODGDON FAMMY GROUP AFFRJATE Page 22 Norton Direct and Indirect Job Loss 27,000 and No Re-Placement Jobs: The City/EDA/IVDA has watched from 1988-1993 27,000 Direct and Indirect Jobs Leave Norton AFB with $1.8 Billion Economic Impact Loss. After the fact the City/EDA/IVDA offered $100 Million to the U.S. Government for replacement of 4000 Jobs. They have currently spent over $11 million, while not confirming one replacement Job as yet. Roger's Bindery knows it business, it is only short of Capital caused by growing pains and Customer Failures effected by the Poor National Economy. City/EDA should not be shortsighted: The City/EDA should not be short sighted and run good local people through the public ringer and Community TV Channel for needless political purposes, and lack of City/EDA know how that could result in the demise of an existing viable Local Business. Rather than this unnecessary Public Display causing Roger's Bindery to lose business, Roger's Bindery should be offered a well thought out City/EDA Development Agreement structured for the reinforcement of the approximate 2300 Direct and Indirect existing Jobs effected over the long term. Roger's Bindery has struggled to stay in town and not leave; while Multi- Million Dollar Windfall Profits are thrown away by the City/EDA to out of town Pirates for $50 Billion Wal-Mart; and without personal wife and husband guarantees or thought of ever returning it. John Dukes California Street/Medical Center Drive Area Capital Investment $18 Million: City/EDA Community Hospital $8.5 Million Guarantee and $50 Million Capital Investment/300 Jobs: $18 Million Capital Investment and thousands paid to City/EDA Incremental Project and Utility Taxes: The John Dukes and City/EDA project loan matters in the related West California Street and Medical Center Drive Redevelopment Project Area were also discussed at the October 21, 1993 City/EDA Meeting. In perspective, Mr. Duke's development's Capital Investments have reached approximately $18 Million ±. These projects have greatly improved the quality of the area by 300 DU's ± and generated major City/EDA Public Revenues in terms of Project Area Incremental Property Tax and Utility Taxes alone. City/EDA $8.5 Million Relocation Inducement and Guarantee: More importantly, the City/EDA has just approved a November 1993 $8.5 million Loan Guarantee for the construction of a new Community Hospital Professional Building. The building is required as RELOCATION INDUCEMENT to have Physicians relocate their offices to the area and is vitally essential to support the Hospital's Economic present and future Economic Viability. Mr. Duke's previous years of hard work and commitment, at the encouragement of the City/EDA, has greatly encouraged the economic viability of this overall California Street and Medical Center Drive area. Thus creating a major environmental improvement to preserve the present and future resources to pay the existing $50 Million ± Community Hospital Debt Service, it's related hundreds of Jobs and new $8.5 Million Professional Building. The City/EDA Legal Counsel is the City Attorney, he did not suggest or HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN IM HEADQUARTERS:POST OFFK:E BOX 2146.ARROWHEAD SPRINGS.SAN BERNARDINO.C AUFORNIA 92406 IT RESIDENCE MAMJW 1295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORN1A 92404.(714)$83-01 S3 W A VARNER V.NODCOON FAMMY CROUP AFFMUTE Page 23 require the personal HUSBAND AND WIFE GUARANTEES of the Hospital Board of Directors and Chief Operating Officer as part of their November 1993 $8.5 million requested Loan Guarantee from the City/EDA. In a productive perspective, Mr. Dukes and the City/EDA have worked together and more than paid their way by creating the $18 Million ± California Street and Medical Center Drive Area upgraded Residential Developments. What possible perspective could this be 'vg et n in poor light compared to Multi-Million Windfall Profits thrown away v the City/EDA to out of town Pirates for $50 Billion Wal-Mart. The Sun's November 14, 1991 Editorial Scrutiny is Correct: Everyone agrees with the principle of The Sun's November 14, 1991 Editorial Staffs observation and "Pooper Scooper" Editorial cartoon depicting the City Attorney's Wal-Mart "Good Deal" Scrutiny. However, I believe the Council and Public should also carefully SCRUTINIZE these various City/EDA Development Agreements, including any future Settlement Agreement for the Stubblefield $11.537 Million Damages against the City before and after the City Attorney's further recommended approval(s). I have long admired the City Attorney's Qualities, which include years in working at the West Side Home of Neighborly Services on Mt. Vernon Avenue, going concurrently to the San Bernardino State College in the 1970's, graduating from Western Law School, passing both the Baby Bar and the California State Bar examinations to enter practice in the early 1980's, rise to his mid-1980's present position and strategy for perspective higher office beyond. Closed Citv Council Sessions are not for the City Attorney or anyone else to hide "Bad Deals". Lets all work together openly, with knowledgeable minds. The City does not need costly Political Wheeling and Dealing, with the blighted deterioration of the overall City left behind, but honest Good Deals that help everyone and creates some Jobs. Deteriorating Neighborhoods and the City cannot Sustain Police/Fire 60% of Budget Cost: Productive Focus to well manage the existing residential neighborhoods before they are all lost and retention of the Job Base are essential. To combine this with the overall residential Quality of Life for the entire East Valley Community Area(s) growth is the required long term foundation for New Jobs and the appreciation of every Business, existing and future Citizen's Home Equity Values. Residential neighborhoods are the largest single personal capital investment and generation of Public Revenue Resources, i.e. it is good neighborhoods that retain existing Jobs and encourage New Jobs. If this neighborhood deterioration is not addressed immediately_government cannot hire enough Law and Fire Enforcement or even sustain the pay for those now equipped for service. The City Police and Fire Cost are 60%±of the total City Budget. My family's Community Interest concerns are to the total picture of accumulative negative effects occurring within the City, their drain on limited City Budget Resources and HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1s30 HEADQUARTERS:POST OFFICE BOX 2 146,ARROWHEAD RRINGS-SAN BERNARDINO.CAIBORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404.(714)183-01S3 W A VARNER V.HOOCDON FAMILY CROUP AFFRIATE Page 24 curtailment of future Public Revenue Resources. An updated City Overall Physical, Fiscal and Legal Plan(s) of Development is pre-requisite to Promote Capital Investment and Long Term Positive Result. We stand available to receive your call, response or to meet with you and others in Productive Focus. Sincerely, Warner W. Hodgdon CC: Mayor and Common Council Shaun Clark,City Administrator James F.Penman,City Attorney Al Boughey,Director of Planning and Building Services HEWAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1830 OHEADQUARTERS:POST OFFICE BOX 2146,ARROVHEAD SPRINGS.SAN BERNARDM.CALIFORNIA 12406 RESIDENCE MARtNG:3295 BROADMOOR BOULEVARD,SAN RE10 ARDiNO.CALIFORNIA 12404.(714)8834153 A WARNER W.HODGOON FAAm.7 GROUP AFY UATE Mayon Stadium's chances 50-50', By PAULOBMUERaE existing stadia elsewhere in the to front the money (for a Aadi-i Sun Sports Editor country. um)." ., A committee appointed by bif- Estimates at the expense of a? M. or Tom Minor said Sun- nor recommended a tract on the 5,000-capacity ballpark are in the day he believes the chances of grounds of the National Orange $5 million range, with the price'. San Bernardino building a 5,000- Show as the most economical site tag perhaps doubling ifland m* capacity baseball stadium in time for a stadium that would house be purchased. , for the 1995 season are "a 50-50 the San Bernardino Spirit of the Minor said a ballpark is not shot." Single-A California League, the top priority for his Snanei&Df Minor and his staff hope to There is strong sentiment, strapped city."But it's one ofth- present the issue to the City however. for examining the top ones. We want to get movir4Z Council at its Feb. 7 meeting, a . south-of-downtown site. That on this because time Is-of the—tk two-week delay from today's orig- rite,however,probably would en- sence." inal target date. tail significant investment for the Spirit officials have said the Minor and others cited two purchase of the land from various franchise likely will be moved if ai reasons for the delay. private and corporate entities. new ballpark is not in place by: To allow Minor to meet this The seven-member council 105.The club will play one more: two weeks ago indicated a majori- season in Fiscalini Field. ` week with property owners of an ty,Would be in favor of a new ball- "I think ft's going to get; area south of Rialto Avenue and park if it were financially feasi- done." Spirit general manager- west of E Street in an underde- ble. Among the options being Jim Wehmeier said. "We remain: veloped corridor between the Ca- studied is a bond issue to be pig- optimistic." rousel and Inland Center malls. gybacked on the$200 million Su- Said Chuck Terrell,chairman; Catharine Hamm The Sun Asst Managing Section B I Editor/Metro Monday (909)386-3874 January 10, 1994 Fax(909)885-8741 Metro Final wo-ul add Of rlcem ,, 0 graint ■ The Police Department applies for$1.9 million of a ing 174 fugitives. program to right crime. Some 42 percent of the city's By RICHARD BROOKS general fund goes to the Police . Sun Staff Writer Department and its 256 officers. "Despite the fact that most of ' High crime rates and the lin- our personnel are deployed in pa- gering recession may help San trol-related functions,it is not un- ' Bernardino snag a $1.9 million common for our calls for service federal grant that would put 23 to back up 30 to 40 calls on the ; new police officers on the street. weekends because of the violent "In the FBI Crime Report of crime within our city. 1992,San Bernardino was ranked "In some extreme cases . ; first in the state and 13th in the patrol officers have handled over nation with respect to crime 50 calls for service each during rates,"says the 54-page grant ap- one 10-hour shift." plication."During the first half of The city's tax base can't sup- 1993, San Bernardino had the port a major increase in the po= highest murder rate in the state." lice budget,the report suggests. Cities throughout the nation "San Bernardino has experi- are competing for a share of the enced several major business clo- $150 million program. sures within the last...year and Fontana recently a half. Our current unemploy- y won ment rate is 16 percent. Even $500,000 to hire five officers. A more telling is the fact that our decision on San Bernardino's ap- unemployment rate has been ap- plication is expected this month. proximately twice the national San Bernardino's new officers average for each of the past five would be hired and trained in years ... (and) 34 percent of the three groups, with the earliest population is on welfare." graduates hutting the streets in It amounts to a bleak portrait, ; November. The city's three-year but that's what is needed to win cost would be$2.8 million.At the federal help, said Acting Police end of that period, the officers Chief Wayne Harp. would be incorporated into the department budget. Increased street patrols area fundamental factor in lowering The grant is needed because crime rates,he said. city government has done all it "About a third of (officers') can to control the crime problem, time should be available for ran- the application says. "Our in- dom patrol. Our last study crease in crime over the last de- showed that less than 10 percent cade has been attributed to an — probably about 5 percent — exodus of gang members and oth- was available,"Harp said. er criminals from the city of Los The crime rate seems to be Angeles,"police wrote. leveling off statewide, but that More than 2,100 gang mem- doesn't change the bottom line, bers belong to 10 major gangs Harp said. "There's probably within the city,they said.And 874 going to be very few cities more parolees were believed to be liv- deserving of federal assistance ing in San Bernardino—includ- than San Bernardino." ° �yavy� r M-4 d -4 3p� �^ OCCCC odo$ao �• OHO F L1'1 m>yj_C y,� y7m�1Y6 cn 00 S Vs N i 2K� as 8- =CQBxy a,t C pwU U�a(�a>N "O ( ot~diF3ea0Na■C■O�a~iu■ Cd 0 S Q DoE oc°�0�c *4 .5 •� >,N ..Cry m wti a o uv•p eroa'4t=c 0 Cd t. 0 �•1 O q4� , V 7 Co. ��G'' I pGl� ►./� p0o00- 71 MIS w:asy :2 �+��p�O 10d >.F F L �0 g i E o'; ■■ s�E ■ E�°w'u■EOm m O C9 '.4 23 7 EC Sou y Ci weC d M •bU�. ■ �_/ �` 3a 0. 0E� Z).0 o�cW: W C�d� E a v you o". 0p EW�S;�:: SC vo �rx0ivd °my .o >m gyp+ ^?»d" E��b•� „��o� ~po�3ap m9 ° °g UAGH Cd «3 •~ O y .�>.e .ide�6a B�oC,51 ^E'fEdo '■�1 �a d>� aJ«. HE �dU a Q G Oa°+O °ro'd+0.0 Ilk, tGvEv �°, .■ V 3a Ea>k+ �ax... ° Mjr��°' a 'C c C � �; o j I0 •V � z' WE o -Ica, a � g�go o ;3M • a m x1;+., o yp ■ �m� d' o •���"" I1 ° o v H�■■. •�a1 • WW~ a� �e�aF m Ir • 0 `� Cal a8i•do a oil ? mg 02ow vdoo3 o00 o�ae0 '•°'0hcd >w,°o •'go:zwa°c . IE � .y C�r., '��C�Q•q �. � u F G O d. ���-0�C d My 'per Wo~�OuO>A W— oa'vOieO�, 4)C'F.V Gil W • G?^ vi I. C:db i ",a C o w b dcd•^ ". W W C d Hid N E s•o3wCa3 uca:c' W w °o�2VcuEo r=., coO C � a� y" a� �pE•a ' " aid=. °L. 03 as MOW 0 041 =1 a r. d O� vi C d N M 0�= 04) � tt pp �O 30alC� r,^ C � i��.Q� O� i�ao•� a�' "a � 2- 0�°, � 4•a�cda' o ^ 0042E b,p.. 0 W_=V RSp +p,'O" tom+ E 0 ood oo' � ooto,o...wwd�+o4 +, Ey•-�uyGCy 'n gn _ °'•> °p,a> ed � V1 N•= a dy.00.0 0�F r M= R°+ vii V 0.co v d rya) cd y as Z 7 0 p ++ as b0 0. 0 ~ x0 a oo dye ° ' 4).0 :41 o.d "W 8 co M U cc 0 o s w- i c L4o • a c o CD ° 2 r. 0 Ca) >pMucda� aD.. �OCdOvC ° c ac °... v x44 to a� a� 0 M= y Cr� O 'y C C�" W e 0 cc � o v Ey... v !: d m�� r v00F. y0,0E�ta: y � � u w+ fQ M 0 o�a+w.r 0 ld i+ � � 41 m"y^h 4) q a -- bo cVogti 3vC >= 0o ewc° vo dC � C � o ��� �3'y m eC� av; a:° h �.,r� oa,o amo ao U v.- 0d3� cot— c '.. ty;o d � boa 0 4) 0WO & awl ..� �,_ - b Cautarin•Hamm The Sun 'Asst.Managing section-.8 Editor/Metro. Monday,. x;(909 386-3874 February 7.1994 ; L Fax(909 885-874f Metro �J Se e _ s . os o . LO , W- �._Oes ■ The City Council will 'THE ARTS consider four alternatives for allow it to eventually offer shows. :dealing with the theater The theater group has notified its -groups.' inancial problems at subscribers that it will not be pre today's meeting.' r' senting its spring slate of plays. " By MARfiO WILSON=' The city.has offered to stop foreclosure proceedings, take Sun Staff Writer over the.theater'and"-fo rgive'the $100,000 debt, but CLO officials SAN.BERNARDINO — The ahaveiejectedthat;bffer.��`.". � fate-of the Civic Light Opera will - �� ,x be deliberated .today. when the Today, the council will,,re= City Council considers ways of ceive'a CLO-letter. saying the dealing with the organization's fi- group is refusing the city's offer. •. nancial plight.•,; The council will consider.- City staff is asking the council amend d�ir cg its previous action ; acting .staff to continue to consider several courses of ac- with foreclosure proceedings. - tion against the:CLO..The meet- ■ Authorizing staff to purchase ing begins at 11•a.m.' in council the theater from the' CIA for chambers in City_Hall.,Members $500,00 Yand iiig'E2i�?'CLU !or:-the.!public can-speak:•'to'the "credit"foc"the X103;500 already council on the.assue ,1 .5.. paid on the loan i:. The CLO, San Bernardino's, E.-Granting the-aO.$500,0" premiere_theatrical group,:is.$1 help it restructure: �i million i'debt and owes the'city H loaning the CLO$500,000,that $100,000 on'-a 90-day loan it re- would be 'paid 'off under,terms calved last fall ; _•-. spelled-out in a five-year business plan the CLO,has drawn up:-, •i Although the-CLOT has paid San Bernardino isn't the only $100,000 plus interest started the offer the theater group has`re- $200,000 loan,the city has started ceived. Theater Co Amen- foreclosure proceedings on the I'P• of Ameri- CLO's California -Theatre. CLO ca'which runs the Pasadena The- officials say they intend to pay ater, and Children's"Storybook back the loan if they are given Theater in :Riverside, with';the more time. Riverside Civic Light Opera,have had discussions.with CLO offi- CLO is restructuring and is cials.And a New York group has working toward a plan that will shown some interest. INSIDE Redlands wins academic - decathlon/B4 CLO near 610sure ti;5 Over debt- , ,, to S,Bo- *MMMWILSON Sun Staff Writer The San Bernardino Civic fight Opera will not stage its gpring season because it is deeply in debt and may lose all its prop- efty, including the.California peatre.:of the,i'erforming Arts, officials said Tuesday.. Gene Wood, secretary ff6e­ aO board,said the action is a re- s�onse to problems the CLO has had in .Vaying back;a $200,000 loan from the city: _. The San Bernardino City Council voted Monday to fore- close against the CLO's property, which includes the California Itheatre downtown,'two office buildings and a scene, prop and costume studio. Known for its quality theat- rical performances, the Civic bight Opera has been a cultural cornerstone of the Inland Empire for 47 years. It annually stages about 70 performances and in re- cent years has drawn 60,000 peo- ple each year to its productions. This year, the CLO w" be staging"Westside.Story," which was to open;next month or its oth- er spring performances, "Nun- rnse and'_'Sophisticated La- y Wood said that if the CLO can fraise,$100,000 to bail out the the- ater and find a way to pay off the &cup's total debt of $500,000, three smaller plays could be staged later this season. ..;. Acting as the Community De- velopment Commission, the City Council opted to foreclose on the CLO property because the group has failed to pay off a $200,000 loan, council members said. The CLO put its property up as collat- eral last fall when it got the 90- day loan to help launch its fall season. So far, the CLO has paid See THEATER/Sack page CLO looks back on proud histolry The Sun .✓ . Over the years,the CLO oversaw ren- ovations at the California Theatre, ac- The San Bernardino Civic Light Op- qu' ed a 4,000-square-foot building on..Ir bra has a rich history. Cajon Boulevard,two office buildings, North E Street, a warehouse in Mira n r The organization was, enksunded by the Loma and what C.Dale Jenks called he late Alexandra Grow Jenks in 1948.Her husband, C. Dale Jenks, began working largest collection of scenic props in the for the organization as a backstage prop- United States. erty person in 1949. He eventually be- More recently, in August 1992, CLO, came the organizations business man- received widespread attention outside ager, and later general manager. He the Inland Empire when it played host to retired last August. the West Coast premiere of"Annie War- CLO owns the California Theatre of bucks,"the sequel to the Broadway mu- +" Performing Arts in San Bernardino, sical"Annie." which it purchased from the city in 1984 The group occupies one of the few re-'F- for the below-market price of$150,000, _ maining historically significant buildings with the provision it would make the in downtown San Bernardino and the building available to other arts groups at building previously served as a vaude-`, cost. t r'4 vi§e theater and move house. + „ ■ r Theater. CL O struggles to re a loan t Ca�tlnuedtron,A, p Y _ o &B's the city$100,000 in the city would vote to foreclose on the The CLO always has prided itself on principal and inter- Property after the many contribu- not taking government subsidies, as do lions the group has made to the city's cul- most other arts groups, said Wood, who • t Councilwomen Valerie Pope-Ludlam added that those days may be over. t and Norine Miller opposed the foreclo- otal life. She said it's'Just a little bit of over- Wood said the CLO board has voted sure action. kill"for the city to foreclose against the to restructure the CLO and the group is The council held a closed session theater, which she said is valued at soliciting suggestions from its subscrib- Monday night to discuss the matter.The $50,000, as well as all the other CLO ers about whether they think the CLO CLO previously had asked the city to buy property, when the debt totals only should survive, and if so, in what form. the California Theater for$600,000 and $100,000 and the CLO is making efforts The CLO also is studying ways to raise ignore the remaining $100,000 of the repay the loan money,including a benefit featuring for- loan$om the city,Pope-Ludlam said. When the CLO sought the loan last mer CLO stars. �. . The CLO-also will be as season Thecouncn request. fall,' group officials blamed the poor ticket holders to donate themoney h the economy for falling ticket sales.CLO otfi- they've already. �.. Evelyn Wilcox, chairwoman�of the vials said the group lost y d3'Paid to the CLO for their CLO boardl and former San Bernardino $300,000 to tickets, but the group will try to refund mayor,said it's a"sad cowmen „that . $400,000 when it hosted the West Coast ticket money if asked, according to thid premierpof Annie Warbucks in 1992. Wood. , WARNER W. HODGDON HEART BAR RANCH,ARROWHEAD SPRINGS POST OFFICE BOX 2146 SAN BERNARDINO,CALIFORNIA 92406 (714)881-1547 December 15, 1993 TELECOPY: (714)886-9962 Mayor Tom Minor City of San Bernardino 300 North "D" Street San Bernardino, California 92418 "For Your Purview" RE: I. City Baseball and Sports Stadium Comments to Commission Meeting, December 2, 1993, 7:30 AM II. Comparable City/EDA Street Improvement Agreements in S.B. County: (1) City/EDA Obligations: Requested,Notarized,Accepted and Recorded March 11, 1991 Easement Deed at Sterling Avenue/Foothill Drive From Carol and Norman Chrzanowski: Landscape/Re-Contouring/Maintenance and Appurtenant Facilities (Curbs,Gutters,Sidewalk,Irrigation, Water and Electric Service,etc.) (2) City/EDA Obligations ions and $1.2 Million Cost of the Highland Avenue Area Improvements For: November 6, 1991 Wal-Mart/Stubblefield Developments and other terms (Curb, Gutters, Intersections, Access, Small Canyon Storm Drain, Fees,etc.) Dear Mayor Minor: Introduction: Your Baseball Stadium Commission met on December 2 1993, 7:30 AM, for Public Report At that time you asked for my comment which I will address first in this letter. We had last spoken on September 23, 1993 regarding your August 5, 1993 Directive with the City Attorney's office not to go forward with the prior City requested and June 20, 1993 approved SBVMWD Participation Agreement Project at the southeast corner of Sterling Avenue and Foothill Drive because it is within the S.B. County Boundary. Therefore the approved SBVMWD Agreement was not allowed on the August 16, 1993 City/EDA Public Agenda. This letter is also a condensed overview of the salient points found in my comprehensive December 14, 1993 letter to you addressing your September 23, 1993 concerns and comparability to the above referenced Items (1) and(2), including; i.e.: March 11, 1991 Recorded City Obligation for Sterling Avenue Storm Mitigation Improvements and applicable SBVMWD Participation Agreement, the Sterling Avenue Area FULL-STANDARD Access Improvements, Stubblefield SUB-STANDARD Highland Avenue/Rt. 330 Access Improvements, and Wal- Mart/Stubblefield Highland Avenue Area Improvements at City/EDA Cost of$1.2 Million±. (For reference: See December 14, 1993 Warner Hodgdon comprehensive letter to Mayor Minor RE: Sterling Avenue Area and related Wal-Mart/Stubblefield Highland Avenue Area Improvements) HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER W.HODCDON FAMILY GROUP AFFILIATE Page 2 I. City Baseball and Sports Stadium Comments to Mayor Minor: As a separate City matter, thank you for asking my comment as to the proposed $5 Million ± Baseball Stadium Alternatives for City/EDA Capital Investment outlined in the Thursday, December 2, 1993, 7:30 AM Stadium Commission Presentation and Report. I would have not commented had you not asked because of having no prior review of the Commission's December 1, 1993 Report or Presentation. Super Block and Sport Stadium Funding Conduit: However, of the five City/EDA alternatives the Sports Stadium Capital Funds ($5 Million) being derived through the 5% unrestricted Bond Proceeds added through the Super Block $100 Million ± Bonds was a innovative Finance conduit. I did note from the brief review of the Report that the 1600± Auto Parking, lighting, landscape, Off-Site Streets Improvement(s) Costing a minimum of $2 Million ± was not included, and that the Facility Operating Revenue/Expenditure Pro-Forma will be prepared at a later date. Class A Ball Team 20% Effective Use: The Spirits Class A Ball Team has approximately 70 minor league home games or 20% effective use of the facility on a 365 day year basis. Their specific commitments were not outlined in the Report. Never-the-less the Commission felt the Operation(s) Shortfall would be in the $200/300 thousand range annually and in addition to the City/EDA 5 Million± Capital Bond Amortization and Parking/Access Improvement Cost Amortization. Commission's Recommended Location: I am very familiar from ownership with various Multi-Use Sports/Recreation Facilities, (Horse/Auto Tracks, Special Events, and others) and the related Public and/or Private Operations, Promotion and Financial Economics relative thereto; i.e.: Riverside/Ontario International Speedways, Shandin Hills Golf Club, Nashville, Phoenix, Richmond etc. Your acknowledged support to the City Baseball Commission of the Spirits Class A Ball Team and Sports Stadium facilities is very commendable, including substantial added private contributions , therefore. The Commission's primary recommended site location is east of Arrowhead Avenue and west of the Twin Creek Channel on National Orange Show Property. (See attached Montage of Warner Hodgdon/National Engineering Company Racing Facilities and Special Events) (See attached Shandin Hills Golf Club Photo with Central City Background) Existing City Sports and Park Recreation Facilities: Contributions: Perris Hill, Blair Park, Shandin Hills: Perris Hill Park land, which also accommodates the existing Spirits Team Ball park was an early 1900's construction. The City's own Parks and Recreation October 12, 1993 Report to the Stadium Commission speaks for itself. This stadium has many City Sub-Standards i.e. parking, seating, temporary concessions/restrooms, crime and neighborhood nuisance. Relocation of this obsolete facility in the mid 1980's and City/EDA acquisition of the abandoned Gasoline Facility (Junk yard) to the east would have allowed expansion of American Express from 350 to 500± employees. Expanded parking reuse would have accommodated Perris Hill Park and Bowl activities as well as retention of the employment base to support existing HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 IT RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 ����VVVV A WARNER W.HODGDON FAMMY GROUP AFFMATE Page 3 Highland Avenue Retail, Commercial, Food and Neighborhood Capital Investment Base. The result being that in-action forced the original Sports Team move to Rancho Cucamonga and American Express/General Electric Mortgage relocation of 500 business related employees to an Industrial Park. This left the Highland Avenue Area Central Corridor with added major overall economic instability. Blair Park and Shandin Hills Golf Club: The Stadium Commission's Report spoke of private contributions to pay for the facility. My family's land and capital contributions toward Blair Park, Shandin Hills Golf Club and Rt. 215/30 Enhanced Environmental "Green Belt" Access to the City and State University alone far exceeded the Commission's current Reported Baseball Stadium cost projection of $5 Million. It is my understanding from recently viewing the Community TV that the City/EDA positive Cash Flow of $300/$400± thousand annually from the City/EDA Golf Club is now being used to supplement the City Budget in order to Trim the overall City Parkway Trees, current deferred maintenance etc. If the City/EDA does not adhere to the Standards of maintenance required by the Operating Lease Agreement of the Golf Club it too will have diminishing Presence Value and diminishing Public Revenues. Historically existing Public/Private Recreation Golf Courses increase in value with the maturing of trees, increased replacement Capital Cost and an economically growing community market area. New City Sports Recreation Facilities: Forest Creek Greens and Sports Resort Rt.330/City Creek Canyon: New City Sports Recreation Facilities require a long-term comprehensive overview. As you know we have been working toward a similar Scenic Drive Rt. 330/City Creek Canyon facility North/South of Highland Hills named "Forest Creek Greens and Sports Resort". This Rancho San Andreas North Plans of Development was considered and designated the Preferred Land Use grandfathered and incorporated into the July 3, 1989 Updated City General Plan/FEIR and July 3, 1989 City/Superior Court Approved City/Highland Hills Homeowners Association Settlement Agreement. The 60 month Capital Investment Build-Out is projected to be $225 Million and will generate over 6000 direct and indirect "Jobs". (See attached October 25, 1993 Rancho San Andreas North/South Schematic Perimeter Outline Plan) (See attached Rt.330/Highland Avenue Area Wal-Mart and Forest Creek Greens and Sports Club Illustrative Aerial) Regional Access and Sports Recreation Facility "Presence Value" Please keep in mind while determining the new Baseball and Sports Stadium location that long term successful Sports/Recreation facility Revenues all require Regional Access "Presence Value" and high standards of maintenance for continued Tositive Cash Flow and Profitability. City Full-Standard Access (curb, gutter, sidewalk, lights, landscape, trees, irrigation, parkways, etc.) are added pre-requisite "Presence Values" to all City/Private Capital undertakings to Generate Public Revenue Resources i.e.: Sports/Recreation Facilities, Commercial, Retail, Industrial, Airports and most importantly to the largest Public Revenue Producer of all, existing and future Residential Neighborhoods (Ad Valorem Tax, Related City/Franchise Service Fees- Sales Tax, and Utility Tax). City Retention and Reinforcement of Economic and Employment Growth, "Quality of Life": HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1650 - HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 IT RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERN"MINO,CALIFORNIA 92404,(714)833-0153 ttt{//// A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 4 Without a viable "Job Base" and well maintained Socio/Economic Neighborhoods, there is no "Quality of Life" foundation for retention and reinforcement of economic and employment growth. Thus a diminishing "Job Base" to support existing and other long term Public/Private undertakings, including a Baseball and Sports Stadium Recreation Facility; i.e.: Norton AFB 1988-1993 Closure process has resulted in Losses of 27,000 Direct and Indirect "Jobs", Population out-migration 39,000 and $1.8 Billion Economic Impact Loss with no secured replacement "Jobs" in a five year period (1988-1993). The Norton fallout and spreading effect is now being felt in diminishing Home Values, Business Revenue, Newspaper Revenues, Orange Show Off Track Para Mutual Revenues, Sport Ball Team Revenues and even the Civic Light Opera. City and East Valley Overall Physical,Fiscal and Legal Plan(s)of Development/Finance: The number one top priority in the City and East Valley today is an updated Overall Physical, Fiscal and Legal Plan(s) of Development/Finance. The last was formulated and adopted by the City/EDA/County for 1958-1980-1985; this included State, Federal, County, Caltrans facilities with California Theater, Performing Arts Center, Sport Recreation, Orange Show Asset and transportation emphasis. We cannot capitalize on this area's "World of Opportunity" without knowledgeable, experienced and comprehensively prepared action to change the present un- chartered deteriorating course. The City can't afford to loose any more time; everyone needs to team-up and "Play Ball" on a major league level. Thanks to the Stadium Commission for their efforts. II. Comparable City/EDA Street Improvement Agreements in S.B. County Boundary: Sterling Avenue Area and Wal-Mart/Stubblefield Highland Avenue Area: On September 23, 1993 we briefly discussed your August 5, 1993 Directive with the City Attorney's Office not to go forward with the City Full-Standard Improvements by City/EDA $10 thousand funding therefore along the Southeast Corner of Sterling Avenue and Foothill Drive for curb, gutter and sidewalk. At the City's prior request, on June 20, 1993 the SBVMWD had executed their Participation Agreement, for the City/EDA August 16, 1993 Agenda, to install/fund the $25 thousand portion balance of the required Landscape/Re-Contouring Mitigation and appurtenant facilities thereto. Your Directive was confirmed by Dennis Barlow, Senior Assistant City Attorney's (City/EDA Legal Counsel) August 5, 1993 Inter-Office , Memorandum to Ms. Ann DeBolt, Real Property Specialist, City Public Works Department. Quote: "As 1 (Dennis Barlow) indicated to you (Ann DeBolt) earlier, the Mayor (Tom Minor) asked that we not go forward with this project (City request of SBVMWD to participate $25 thousand). 1 have also advised EDA." (See attached August 5, 1993 Inter-Office Memorandum from Dennis Barlow,Senior Assistant City Attorney RE:City/EDA and SBVMWD Sterling Avenue Project Agreement) This Project is a $35 thousand March 11, 1991 City requested, accepted, notarized and recorded CITY OBLIGATION to Carol J. and Norman R. Chrzanowski. Your reasoning to me being not to expend $10 thousand City/EDA Bond Funds for that purpose (curb, gutter, sidewalk) as they are within the S.B. County Boundary. Never-the-less the City's recorded March 11, 1991 Easement Deed from the Chrzanowski's to the City further outlines the City Obligation for full Landscape/Maintenance and Appurtenant Facilities; Quote: HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO.CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 5 "Norman R. Chrzanowski and Carol J. Chrzanowski,his wife,as joint tenants,do hereby Grant to the City of San Bernardino, a Municipal Corporation an easement for the Installation and maintenance of landscaping and�.12urtenant facilities,in,over,under and across..." "The Easement herein granted includes the right at anytime, or from time to time, to conduct, place, maintain, inspect, repair, replace,and renew the landscaping and annurtenances thereto, and for incidental,purposes,including the right of ingress and egress thereto." (See attached March 11, 1991 Easement Deed from CaroUNorman Chrzanowski to the City as requested,accepted,notarized and recorded) Comparable Review of other City/EDA Improvement Projects in S.B. County: Your September 23, 1993 explanation of the City/EDA doing Improvements outside the City and including within the S.B. County boundary led me to comparably review the City/EDA Policy for the November 6, 1991 Wal-Mart Development Agreement; including City/EDA Cost of related Highland Avenue Area Wal-Mart/Stubblefield Improvements. A major portion of these City/EDA $1.2 Million improvements ($400 thousand±) are constructed within the City of Highland S.B. County Boundaries i.e.: Curb Gutter Parkway Intersections. Small Canyon Storm Drain, Fees, etc. November 6, 1991 Wal-Mart Development Agreement and Multi-Million "Windfall Profits": I have found that the November 6, 1991 represented City/EDA Highland Avenue Area Improvement Costs under the November 6, 1991 Wal-Mart Development Agreement were represented to the Council to be $550 thousand only. The City/EDA Source of Bond Funds for these $550 thousand improvements are to be from the portions of residual "E" Street Bridge Improvements balance and derived from City RSA Project Areas. However, as structured by the City Attorney, there was no Up-Set price for City/EDA Improvement Cost provided for in the November 6, 1991 Development Agreement. As structured this agreement has resulted in following City/EDA/IVDA impact Cost/Loss of$5.5 Million; (1) the City/EDA Cost has now increased to over$1.2 Million t, (2)the Added Value to the Wal-Mart Development Land of another $1.2 Million t to provide unrestricted Non-Access and Limited Access was not received or waived by the City, (3) the $550 thousand City Development Impact Fees were deferred with "Time Payments" for the Wal-Mart Development, (4) the City/EDA Highland Avenue Area $1.2 Million f Cost for frontage Wal-Mart/Stubblefield Improvements are in the IVDA Project Boundary Area, (5) the Wal-Mart Development Agreement did not provide for IVDA Cost Reimbursement to the appropriate City/EDA Project Areas of $1.2 Million t, or no position for (6) adjustment of the IVDA Frontage Boundary to include the Major Buildings, (this is a 25 year IVDA Incremental Revenue Loss of$3.1 Million t needed for Norton "JOB LOSS" replacement), and (7) the Wal-Mart Development Interim Land Owner left town with Multi-Million Dollar WINDFALL PROFITS and as an added bonus kept the remaining 112 DU's Apartment Site also approved by the City as part of the July 3, 1989 and November 6, 1991 City General Plan Amendment(s) for the 37 acre±Interim Land Owner. This 37 acre land parcel had just been previously sold by the Federal Savings and Loan Insurance Corporation (FISLIC) as a Failed Savings and Loan Loss; and acquired by the Interim Land Owner for $1 million t ($.66 cents per square foot) under the pre-existing 1989 City General Plan Single Family Residential Designation Land Use. Due to City General Plan Amendments for Commercial, Multi- Family Land Use and City/EDA Subsidiaries the Interim Land Owner then made resulting Multi-Million dollar"Windfall Profits" sales of the land in the Range of$5.50±per square foot. HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROVW.AD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:329S BROADMOOR BOULEVARD.SAN BERNARDINO,CALIFORNIA 92404,(714)88"153 W A WARNER i.HODGDON FAMR.Y GROUP AFFILUTE Page 6 Wal-Mart Development SCRUTINIZED by the City Attorney: The Sun accurately reported by November 6, 1991 Article the representations to the Common Council, that the City/EDA cost of Wal-Mart/Stubblefield Piedmont Drive/Highland Avenue Area Improvements were to be no more than $550 thousand under the Development Agreement. This Development Agreement was approved concurrently with the City's second November 6, 1991 General Plan Amendment(s) for the Interim Land Owners and designating Land Use for 30 acres Commercial and 7 acres± Multi-Family Apartments. The Sun's November 14, 1993 Editorial then reported that the Development Agreement was SCRUTINIZED by the City Attorney and The Sun's November 14, 1993 Editorial Cartoon depicted the City Attorney sweeping up of the initial Development Agreement mess left by Former Mayor Holcomb's Dog with a "POOPER SCOOPER". (See attached November 6, 1991 Article"S.B.City Council approved Wal-Mart Shopping Center') (See attached November 14, 1991 Editorial"Wal-Mart Good Deal Made Better") (See attached November 14, 1991 Editorial Cartoon:Holcomb Dog/Penman Scrutinizing) (See attached May 8, 1993 Editorial Cartoon:Making a Mountain out of a Manhole) Stubblefield September 23, 1993 Sub-Standard Access for Highland Avenue, Rt. 330/City Creek Canyon and Comments: While we were speaking on September 23, 1993 John Stubblefield commented in answer to your inquiry, and for my edification, of his not appreciating my clarification to the DERC of the Planning Documentation to further Stubblefield/City Highland Avenue Area Rt. 330 Sub- Standard Access Improvements and City 50 year Development Agreement Cost therefore. On August 26, 1993, September 23, 1993 and October 7, 1993 the City DERC approved the Planning/Consultant/City Attorney's prior recommended and reviewed: (1) Stubblefield Special City Development Code Amendment for Sub-Standard Highland Avenue/Rt. 330/City Creek Canyon Primary/Secondary Access, (2) Sub-Standard Access Variance, and (3) Sub-Standard Access City 50 year Development Agreement therefore, including City Full-Standard Deficiency Cost Liability, City 50 year Maintenance Liability Cost and other City Sub-Standard Rt. 330 Emergency Access procedure Liability. The applicable City cost will be hundreds of thousands of dollars. City/EDA Wal-Mart/Stubblefield Highland Avenue Improvements $11 thousand Change Order October 21, 1993: Stubblefield Highland Avenue/Rt.330/City Creek Canyon Sub-Standard Access: Enclosed is my October 28, 1993 Letter to John Stubblefield in response to his September 23, 1993 childish comments to you and I regarding your inquiry as to his Highland Avenue/Rt. 330/City Creek Canyon 20 acre property Sub-Standard access for Stubblefield, the City Liability Deficiency cost and 50 year Development Agreement maintenance Liability therefore. Put these City improvement cost and the following into perspective with your concern of $10 thousand City/EDA Improvements for curb, gutter sidewalk at the southeast corner of Sterling Avenue/Foothill Drive and under the recorded March 11, 1991 City Obligation. In addition, on October 21 1993 the City/EDA approved another $11 thousand Change Order, on the Consent Calendar without Public Comment, to the Wal-Mart/Stubblefield Highland Avenue Area City/EDA $1.2 Million Improvement Cost. HERITAGE OF THE MOUNTAINS AND VAT I EY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146.ARROWI4EAD SPRINGS,SAN BERNARDINO.CALIFORNIA 924o6 RESIDENCE MAILING:329S BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,914)883-0153 A WARNER V.HODGDON FAMILY GROUP AFFILIATE Page 7 (See attached October 28, 1993 Warner Hodgdon letter to John Stubblefield RE:Highland Avenue Area/Rt.330 Sub-Standard Access) City Time Payment Plan for Wal-Mart deferred Development Impact Fees: You will remember I stood at the Podium on October 21, 1993 after your allowing me 15 seconds only to speak further to the City November 6, 1991 Wal-Mart Development Agreement; and provision therein that the City $550 thousand Development Impact Fees applicable thereto would be deferred over an approximate four year "Time Payment Plan". Under the City Attorney's October 21, 1993 representation that there was no enabling City legislation to do so; therefore, the Council denied a Small Home Builder any Deferred Time -Payment Plan consideration for his residential tract Development Impact Fees. March 11, 1991 Sterling Avenue City Obligations to Carol and Norman Chrzanowski Family and Related Stubblefield Sterling Avenue $11.537 Million Damages Against the City: Thank you for agreeing to meet with Aaron and I regarding the Recorded March 11, 1991 City/EDA Obligations to the Carol and Norman Chrzanowski Family for funding the southeast corner of Sterling Avenue to City Full-Standard Improvements lying within S.B. County Boundary. The related November 7 1990 Sterling_Heights/Sterling.Avenue Area Planning/City Attorney mishandled process was used in SWORN TESTIMONY for the Stubblefield west Rt. 330 Mountain Shadow April 2, 1991 Apartment Trial resulting in $11.537 Million Damages Against The City. Sterling Avenue Area SWORN TESTIMONY for Stubblefield Trial and $11.537 Million Damages: I learned of this related Stubblefield Trial SWORN TESTIMONY at the May 18, 1993 Planning Commission Approval of the Supplemental EIR, i.e.: re-evaluation and re-confirmation of the 1/22/86 Sterling Avenue Full Standard Primary/Secondary Access and Landscape/Mitigation Plan with Improvement Maintenance District(s). Stubblefield's Attorney, Darlene Fischer Phillips wrote of this testimony and Hypocrisy to the Planning Commission on May 17 1993 as she also represents Sterling Heights. Stubblefield April 2, 1991 $11.537 Million Damages Against the City: I know you are honestly concerned about the handling of these matters, but not limited to, including the effect of the Stubblefield $11.537 Million Damages awarded Against the City on April 2, 1991 for Violation of Rights to build 492 Mountain Shadows Low and Moderate Income Apartments. I believe that the prior January 28 1991 Stubblefield Trial was ineptly handled by the City Attorney's office and the consequence of the Settlement Damages should be resolved accordingly. On July 15, 1991 the City Attorney recommended a 766% Density increase by General Plan Amendment on Stubblefield Mountain Shadows 283 acres, which includes east Rt. 330 City Creek Canyon. Stubblefield Mountain Shadows is inadvertently contiguous to the City/Highland Hills Homeowners Association Settlement Agreement. RSA was requested by the City Attorney and others (William E. Leonard General Partner Highland Hills Properties, a Ltd. Partnership) to have it's Legal Counsel, Reid & Hellyer represent and Defend the City regarding prior January 14, 1988 Actions Against the City, Mayor and Common Council, the City, Council, DERC.and. others as to the Highland Hills Homeowners Association and subsequent July 3, 1989 Save San HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 - HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALMORN1A 92406 IT RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 WW A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 8 Bernardino Actions against the City regarding the July 3, 1989 Updated City General Plan and FEIR. The actions were effectively Dismissed by January 11, 1991. RSA-Highland Hills paid all legal and related cost ($1 Million±). There was No Cost and No Loss to the City. Highland Hills Properties, Ltd. Partnership: William E. Leonard, General Partner and William E. Smith, General Partner (deceased)and Ltd. Partners: July 3, 1989 City/Highland Hills Homeowners Association Settlement Agreement: The City approved May 16, 1989 City/Highland Hills Homeowners Association Settlement Agreement was approved by the Superior Court on the effective date of the Updated City General Plan and FEIR July 3, 1989. Under the City/Highland Hills Homeowners Association Settlement Agreement, RSA North Plans of Development were considered and designated the Preferred Land Use, Grandfathered and Incorporated into the July 3, 1989 City Updated General Plan and FEIR. The Addendum and Supplement to the Settlement Agreement to the City/Highland Hills Homeowners Association Settlement Agreement was approved by the Superior Court on February 5, 1993. March 15,1992 City Foothill Drive/Sterling Avenue Area Major Claim Settlement Agreement: June 11, 1992 compatible City Legal and Executive Branch City Administrators Ordinance: In February 1992 William E. Leonard, the Mayors Office and the City Attorney asked me to assist in Settlement of a Major Claim against the City by an 8.5 acre property interests in the Foothill Drive/Sterling Avenue Area. Mr. Leonard has been advisor to the Water Department for many years and the City/EDA acquisition of this property, was part of the February 1991 City/EDA/SBMWD Joint Participation Agreement regarding the contiguous City Property (180 acres) Little Sand Canyon Plans of Development. As you know, the Claimant was the former spouse of the City Administrator, he was also represented by Stubblefield's Attorney, Darlene Fischer Phillips. After more than a month of my Voluntary hard work with the Claimant and his Counsel the City/EDA the Seller and his Counsel the City Council and the City Attorney's Office this Major Claim was Settled on March 15 1992 at No Cost or No Loss to the City. The property acquisition was completed by the city/EDA and is a Primary Access to the contiguous fallow unmaintained 180 acre City Property, a Water Department "Managed Asset" since April 15, 1974. City Administrative Ordinance June 11, 1992: In May 1992 the Mayor's Administrative Assistant Lorraine Velarde requested and the City Attorney later called me to assist in drafting an bilateral acceptable City Administrators Ordinance. The issue had come into incompatible result between the Legal and Executive Branch of the City. By prudent incorporation of both points of view, the re-draft Ordinance was presented by myself with City Attorney, Senior City Attorney and City Administrator in the afternoon of June 10, 1992. The applicable Ordinance was adopted by the Common Council on the morning of June 11, 1992, 7:30 AM. June 19, 1992 City Attorney Complaints to Grand Jury/District Attorney: Then on the late afternoon of June 11, 1992 the DFG Warden left a message for me to meet him at RSA-Highland Hills Ranch the next morning 6 AM. We had completely reviewed the Ranch with the Warden and two DFG Biologists on June 15, 1990, two years before and without any subsequent contact or response from the DFG. I did not know that the City Attorney was concurrently completing preparation of a June 19, 1992 broad letter of complaint to the , HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN ISSO HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 IT RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)993-0153 WW A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 9 Grand Jury/District Attorney to investigate: (I) The Mayor's unauthorized Change Orders for Kick-Back contributions used against the June 1992 Charter Amendments to alter the Mayor's Office, (II) Stubblefield "Mountain Shadows" and Widmeyer "Patton Hills" Massive Grading and Infrastructure Construction, including the couched reference to the DFG June 15, 1990 review of Highland Hills, and (III) Management Audits of the Mayor's and City Attorney's office. Grand Jury Denies City Attorney Complaint and Investigation September 9, 1992: By September 9, 1992 letter the Grand Jury denied the City Attorney's June 19, 1992 request because of his release and politicization, but offered to assist in the Management Audits of Item I, II, and III. However, the Grand Jury's offer to assist in the Management Audit was not acceptable to the City Attorney. The June 1992 election for the City Charter Amendments effecting the Mayor's Office failed, and the June 19, 1992 alleged City Attorney issues about myself/RSA were then singled out and shifted to Planning/City Attorney mis-representations to the DFG/DAG. The City Attorney/DFG/DAG refused on-site review of the Sterling Avenue Area and Highland Hills with Warner Hodgdon/RSA, RSA Legal Counsel for clarification and City/DFG allegations were filed with the Superior Court on February 5, 1993, with Press Release. The Superior Court approved the Addendum and Supplement to the July 3, 1989 City/Highland Hills Homeowners Association Settlement Agreement on February 5, 1993. (See attached September 9, 1992 Grand Jury Letter to James F.Penman RE:Complaint and Investigation) Unpermitted Stubblefield "Mountain Shadows " and Widmeyer "Patton Hills" Massive Grading and Infrastructure Construction: On February 11, 1992 the City Attorney informed me of unpermitted Stubblefield "Mountain Shadows" and Widmeyer "Patton Hills" Massive Grading and Infrastructure Construction for; Roads, Curbs, Gutters, Drains, Pipelines, Reservoirs, House Lots and Apartment Pads. Councilman Maudsley had informed me of this on December 23, 1991 as he lives directly across the street from the activity on Palm Crest Drive. Warner Hodgdon/RSA had done no such activity on the Sterling Avenue Area-Secret Hollow ranch and Highland Hills Ranch. City DERC, Planning Commission and City Council re-confirmation of 1/22/86 Dedicated Sterling Avenue: The City DERC on April 15, 1993 , the Planning Commission on May 18, 1993 and the Council on May 24, 1993 approved re-evaluation, re-confirmation and establishment of the 1/22/86 Dedicated Sterling Avenue Area Primary/Secondary Access with Landscape/Mitigation Plan and Improvements/Maintenance District(s). On June 25, 1993 the DAG confirmed DFG concurrence and the City Planning Notice of Determination filed with the State Office of Planning and Research effective date being July 3, 1993. Using the terms of the DAG on April 27, 1993 the February 5, 1993 City/DFG Sterling Avenue Area allegations became "Moot". This 1/22/86 re-evaluation, re-confirmation and establishment process and curtailment caused by the City/DFG has cost RSA-Secret Hollow Ranch $1 Million ± and the impact cost/loss may reach several million more ±. For a more comprehensive Overview of Warner Hodgdon/RSA-Secret Hollow Ranch and Highland Hills Inter-Governmental Co-operation I attached hereto a 1988-1993 Chronology thereof and an Index of my Related Letters, Documentation and Photologs that are forwarded herewith for your purview: HER[TAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1350 - HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO.CALIFORNIA 92406 > RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)333-0IS3 A WARNER W."ODGDON FAMILY GROUP AFFnIATE Page 10 (See attached 1988-1993 Chronology of Warner Hodgdon/RSA Secret Hollow Ranch and Highland Hill Inter-Governmental Co-operation) (See attached Index of Warner Hodgdon related Letters,Documentation and Photologs forwarded) I do not believe any family has contributed more to the Community, I reference this in a humble way only to represent that we have NO HIDDEN AGENDAS. By knowledge, experience and sincere care, we are very concerned for the entire Community's well being, including our own. Therefore, I thank you in advance for your time and consideration. Wisdom and Know How is needed. Respectfully, Warner W. Hodgdon CC: Lorraine Velarde,Mayors Administrative Assistant Shauna Clark,City Administrator For more comprehensive reference see: December 14, 1993 Warner Hodgdon letter,documentation and photolog(s)to Mayor Tom Minor,and November 1, 1993 Warner Hodgdon letter,documentation and photolog(s)to Mayor and Common Council HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 0 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CAUFORNIA 92404,(714)883-01 S3 WW A WARNER W.HODGDON FAMILY GROUP AFFILIATE C I T Y OF S A N B E R N A R D I N O INTEROFFICE MEMORANDUM TO: Roger Hardgrave, Director of Public Works/Engineering ATTN: Anne DeBolt FROM: Dennis A. Barlow, Sr. Asst. City Attorney DATE: August 5, 1993 RE: Landscape Agreement As I indicated to you earlier, the Mayor asked that we not go forward with this project. I have also advised EDA. Thank you for providing the additional back-up material. DENNIS A BARLOW DAB/bg [Landscape.Mem] VHEN RECORDED MAIL TO: Y'CLERK Q REC0Rd3E0 m CITY HALL 300 North-D"Street San Bernardino.California 92418 SAN 13ERNARDINO CO—CALIF. SPACE ABOVE THIS LINE FOR RECORDER'S USE �FARRMFNT --NORMAN R- rffR7ANQWqK1 And rARQI. J_ rRRZANnWSKTa hin wi (Grantor-Grantors) FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,* Do__Hereby Grant to the CITY OF SAN BERNARDINO.a Municipal'Corporation. —an Pasement—for_ the installation and maintenance of landscaping and appurtenant facilities, in, the real property in the City of San Bernardino,County of San Bernardino,State of California.described as follows: That portion of Lot 5, Block 19, WEST HIGHLANDS TRACT. as per plat recorded in Book 5 of Maps, Page 77, records of said County, described as follows: Commencing at a I inch iron pipe located at the intersection of the centerline of Sterling Avenue and the Muscupiabe Rancho line, as shown on Tract No. 5096, as per plat recorded in Book 62 of Maps. Page 50, Records of said County; thence South 000 05' 45" East, along said centerline of Sterling Avenue, a distance of 118.28 feet; thence North 890 54' 15" East, a distance of 41.25 feet to the Southwesterly line of Foothill Drive, 40.00 feet wide, being also the Westerly (OVER) Dated 0.- ;L—I 19ci NORMAN R. CHRZAN0X9KI A, CAROLf CHRZANOWMU This is to certify that the interest in MW proollity ACKNOWLEDGEMENT OF GRANTOR: Conveyed by the within instrument to the Gry of San Bernardino.CaMOMIS.8 inun6c'0111 norWation.is hereby STATE OF CALIF RNIA_4 acceoted by order of the 01y Council.and the grantee SS, consents to the revirdat.on thereof by its duly authorized CO officer. Ilk Dated before fne CITY OF SAN BEFINAROINO BV t t ty7'� C I ar" L known to me to be the person a whose name-&- sc" to the within instrument and acknowledged that executed the &a OFIFICIAL U" WITNESS —y hard ind offs C.BOSWELLS MA IsElIftsawo cxwrr to My Commission expire LocatioiSM.y_=thjj_j FOR NOTARY SEAL OR STAMP _Dr._jL_Sjerj_ing_A yp File No. ADB V zi I 91i081967 I line of those two parcels of land described in Deeds to the County of San Bernardino, recorded June 18, 1953, in Book 3190. Page 122, Official Records of i said County and recorded April 19, 1957 in Book 4211, Pnae-Q4, QBfic}el�•itetotQS of said County; thence South 000 05' 45" East, along ta4•_Jiikterly line.. i distance of 151.07 feet to the Southwest corner of said•'1h67« mentioned County parcel; thence North 890 54' 15" East along the South linp•of.said la$x;riCntione� County parcel, a distance of 8.75 feet to the Southwest!coreer_.of.Abe*6paretl described in the Grant Deed from James Watson, et ux, to the County of San i Bernardino, recorded April 11, 1958, in Book 4481. Page 199. Official Records, said Southwest corner being parallel with and 103.00 feet North of the North line of Lot 3 of said Tract No. 5096; thence continuing North 890 54' 15" East. along said parallel line, a distance of 2.00 feet to the True Point of Beginning; thence North 00° 05' 45" West along a line that is parallel with and 52.00 feet East of said centerline of Sterling Avenue, a distance of U,67 feet to the beginning of a tangent curve concave to the Southeast, having a radius of 30.00 feet, thence Northeasterly and Southeasterly along said curve, through an angle of 1350 05' 30", an arc distance of 70.73 feet to an intersection with a line that is parallel with and distant 44.00 feet Southwesterly of the centerline of said Foothill Drive; thence South 450 00' 15" East (record per deed North 450 57' 15" West) along said parallel line, a distance of 77.44 feet to the South line of said last mentioned Watson Deed to the County; thence South 89 054' 15" West along said South line, a distance of 105.92 feet, more or less, to the True Point of Beginning. THE EASEMENT herein granted includes the right at any time. or from time to time, to construct, place, maintain, operate, inspect, repair, replace and renew the landscaping and appurtenances thereto, and for incidental purposes, including the right of ingress and egress thereto. SEC Foothill Drive and Sterling Avenue 15.02-1148 ADB j The Sun Page AS OPINION Saturday May 8, 1993 i A!. $�AvT�CAfio�l WNW-- leave �� t2rouff, exosedy add an�t bronze p Sue�, ,Sa1/ofhe vts� 31.5oo ��- in, Zandscaf ' �p �1 ` TM; BOBNoLCoMS RAtSEd c3aaMANHO1-E 1DQaAt �w, IIiII IN RGCOGNR7 of TH6 MAYoR`STRE EFFORTS Tc f MVE- -ME CITY'S IMAGE 93 TH=�U This editorial cartoon is by Ben Dib of The Sun.Letters to him maybe sent to The Sun,399 N.D St.,San Bernardino,Calif.92401. � y � o I W CS e , _ O D O • Z Oho � o O Z p yx J 1C II W I C t Vl h 0 w I OO w O 2 C m 0° r 111 ' Q .� � _ n► _ I I � I I I,I i 'l y �y occ > 3u �t � a�i'�oGy� > GV aGi mac� o • O O f.,y �o.d L°•N..-oL•�ov�.. c c Q v o Ln L 4 w_o G=O4, C o °1 o 0 tLGq..t N_ oa;y z o .x_G d.=o�OZ.-4 P : 27E V .v ° EL m �O L o ` �1-0 d av m, in 1.°. omL au4,-Eco w V a °L L � an d al t a+ m N 3 �� N � °•- 4 m Gc. 3 G L 6l L CV .o c'� 4 -• m `� c.+ N v� L 4 a' O_ = r c L 3 E E d ME W> o 0 d N'o -o c d 4� c > E > c., c� v a o �e L ° LL a ai >, c COO���L. = d d ow c.E 4_'^1 t9 6"S. • • 7 E N� G�•pL d L 610 d >, L. yO 70- ,w OF O,xE l- o- • �Y w:2 L.� 4 L o�L9� 3La; �° aN :-Cgs . t4cd- �- h Er >,� w le E a 4, o G > o G a� 4 a4-y°1r E a GAO d c c °' N > 4��aL°. 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J y GRAND JURY _ COUNTY 6F SAN BERNARDINO 351 North Arcowhead Avenue. Room 307, Courthouse r, San Bernardino, CA 92415-0243 (7141 387-3820 - September 9, 1992 Mr. James F. Panman City Attorney City of San Bernardino 300 North "D" Street San Bernardino, California 92418-0001 Dear Mr. Penman: The Administrative Committee of -the San Bernardino County Grand Jury has reviewed the concerns set forth in your June 19, 1992 letter. In light of the City Attorney releasing the above referenced letter to the public on June 26, 1992, the Grand Jury concludes a confidential examination of both the Executive and City Attorney offices would be difficult. In addition, because of the public debate, the complaint has become a highly politicized issue. For these reasons, the Grand Jury will not participate in an investigation of this complaint. If the City of San Bernardino wishes to conduct an audit of those complaints raised in items I, II and III, the Grand Jury would select an independent audit firm to conduct the investi- gation. It would then be the responsibility of the City to establish the focus of the audit, to negotiate the cost of the audit, and to pay for the audit. The Executive and City Attorney offices can be assured of complete impartiality in the selection of an independent, audit firm. The Grand Jury would review the audit report in order to determine if further action would be required. Because of the public awareness of the controversy existing between the Executive and City Attorney offices, the Grand Jury recommends the City of San Bernardino commit to the aforementioned examination at the earliest date possible. Sincerely, JOHN E. DUCKWORTH Foreman 1992-93 Grand Jury JED: ss RSA-SECRET HOLLOW RANCH AND HIGHLAND HILLS 1988-1993 INTER-GOVERNMENTAL COOPERATION CHRONOLOGY: 1. RSA/DFG April 1988 Highland Hills-Cook Canyon Clean-Up 2. RSA/EVWD April 1988 Treatment Plant/Highland Hills On-Site Clean-Up 3. RSA/USFS/Highland Recreation Trails Interim Alignment May 1988 4. RSA/DFG June 1988 Highland Hills-Cook Canyon Clean-Up 5. RSA/City/Highland Hills Homeowners Association August 28, 1988 6. RSA/Highland Hills Homeowners Association December 17, 1988 7. RSA April 1989 Rt. 330 Caltrans/Contractor Fill Material at No Cost 8. RSA/City/Highland Hills Homeowners Association Settlement Agreement May 1989 9. RSA/City June 2, 1989 Updated City General Plan and FEIR 10. RSA/City/Highland Hills Homeowners Association June 10, 1989 11. RSA/City/Highland Hills Homeowners Association June 21, 1989 12. RSA/City/Highland Hills Homeowners Association Settlement Agreement July 3, 1989 Approved by Superior Court Judge Ben T. Kayashima 13. RSA/CDF-FP Highland Hills Prescribed Burn Agreement September 1989 14. RSA/CDF-FP May 1990 Highland Hills On-Site Review 15. RSA/City Engineering May 1990 Highland Hills On-Site Review 16. RSA/Councilman Maudsley June 1990 Highland Hills On-Site Review 17. RSA/DFG June 15, 1990 Highland Hills On-Site Review 18. RSA/Mayor December 1990 Highland Hills On-Site Review 19. RSA/USFS December 18, 1991 Sterling Avenue Area On-Site Review 20. RSA/City Planning December 19, 1991 Sterling Avenue Area On-Site Review 21. RSA/DFG June 12, 1992 Highland Hills On-Site Review 22. RSA/City Engineering July 1992 Highland Hills On-Site Review/Report 23. RSA/City Engineering August 1992 Sterling Avenue Area On-Site Review/Report 24. RSA/EVWD 1992-1993 Highland Hills On-Site Reviews 25. RSA/SBCT&FCG March 9, 1993 Sterling Avenue Area Review 26. RSA/SBCT&FCG June 1988-1993 City Creek Channel On-Site Review 27. RSA/City/DFG August 4, 1993 Investigation of Widmeyer/Stubblefield 28. RSA/City Attorney Investigator August 13, 1993 Widmeyer/Stubblefield Result dq O Z Q W W CL' tz 4 0 rn= V N r u W n cr m JaJ c. cr d Q. Q N �r d. 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HODGDON HEART BAR RANCH,ARROWHEAD SPRINGS POST OFFICE BOX 2146 SAN BERNARDINO,CALIFORNIA 92406 (714)881-1547 713-ECOPY: December 14, 1993 (714)886-9962 Mayor Tom Minor City of San Bernardino 300 North "D" Street San Bernardino, California 92418 For Your Purview" RE: Sterling Avenue/Foothill Drive Storm Improvements:S.B.COUNTY CITY OBLIGATIONS to Carol J. Chrzanowski and Norman R. Chrzanowski by; Landscape/Maintenance Deed given to the City for and at the request of City on; January 28, 1991, and Accepted,City Notarized and Recorded March 11, 1991 SBVMWD/City/EDA August 16,1993 Sterling Avenue Participation Agreement: Southeast Corner Landscape/Re-Contouring Mitigation and Appurtenant Facilities City Full-Standard Sterling Avenue Area Access Improvements: Development Environmental Review Committee(DERC) April 15, 1993, Planning Commission May 18, 1993 and City Council May 24, 1993 Approval, Re-Confirmation and Establishment of: The City Approved 1/22/86 Dedicated Sterling Avenue Area FULL-STANDARD Primary/Secondary Access and Landscape/Mitigation Plan with Improvement/Maintenance District(s) Stubblefield/City Sub-Standard Rt.330/City Creek Canyon Access Improvements: Development/Environmental Review Committee approval (DERC) Planning/City Approvals August 26, 1993, September 23, 1993 and October 7, 1993 Wal-Mart/Stubblefield Highland Avenue Area Improvements: S.B.COUNTY Curb,Gutter,Intersections,Access, Small Canyon Storm Drain Dear Mayor Minor: Introduction: The purpose of this letter is to provide you with a comprehensive Overview and Documentation of the above. It was prepared in accordance with our applicable discussion on September 23, 1993 and your agreeing to meet with Aaron and I for your clarification . As you suggested we will call your Executive Assistant, Sophie Arias, for the appointment date and will limit our review to one hour. My applicable December 15, 1993 letter to you is a condensed version of salient points, and includes my comments as to the City Baseball and Sports Stadium Commission meeting and Report held December 2, 1992. (For reference: See December 15, 1993 Warner Hodgdon letter to Mayor Minor:RE:the above referenced Subjects and Baseball Sports Stadium Comments) HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 2 March 11, 1991 City Obligations to the Chrzanowski Family for Full-Standard Sterling Avenue Improvements: September 23, 1993 Stubblefield retort for Sub-Standard Highland Avenue and RL 330/City Creek Canyon Improvements: Thank you again for the brief opportunity to speak with you at the Planning Counter on September 23, 1993 regarding the CITY'S OBLIGATIONS and August 16, 1993 SBVMWD Joint Participation Agreement to assist for protection of the Carol J. and Norman R. Chrzanowski family home at the southeast corner of Sterling Avenue and Foothill Drive. As we were concluding our conversation John Stubblefield walked up and spoke to us. In answer to your inquiry, he retorted to his progress for Highland Avenue Area/east Rt. 330/City Creek Canyon 20 acre property Sub-Standard access and improvements; i.e.: City 50 year Development Agreement Liabilities. As he added childish personal comment as to my iust having given needed corrections to his submitted Documentation for DERC approval I will address these related Stubblefield matters later In this letter. The Chrzanowski Family CITY OBLIGATION is under the January 28, 1991 City request for their Landscape/Maintenance and Appurtenant Facilities Easement Deed to the City; Accepted, Notarized and Recorded by the City March 11, 1991. Quote: "Norman R. Chrzanowski and Carol J. Chrzanowski, his wife, as joint tenants, do hereby Grants to the City of San Bernardino, a Municipal Corporation an easement for the Installation and maintenance of landscaping and appurtenant facilities, in, over, under and across...'" "The Easement herein granted includes the right at anytime,or from time to time,to conduct, place, maintain, inspect, repair, replace, and renew the landscaping and appurtenances thereto,and for incidental,purposes,including the right of ingress and egress thereto." (See attached January 28, 1991 City letter request to Carol J. and Norman R. Chrzanowski RE: Landscape/Maintenance and Appurtenant Facilities Easement Deed) (See attached March 11, 1991 Chrzanowski Easement Deed, Requested, Accepted, City Notarized and Recorded by the City) SBVMWD June 20, 1993 approved$25 thousand Joint Participation Agreement to City: As conveyed to you, these March 11, 1991 recorded CITY OBLIGATIONS were recognized along with the recent May 4, 1993 SBVMWD Approval of the City's related request for their June 20, 1993 $25 thousand Joint Participation Agreement toward the Landscape/Re-Contouring Appurtenant Facilities therefore; and as part of the City DERC August 15, 1993, Planning Commission May 18, 1993, Council May 24, 1993 Approval, Re- confirmation and Establishment of the 1/22/86 City Approved Full-Standard Sterling Avenue Area Primary/Secondary Access and Landscape/Mitigation with Improvement/Maintenance District(s). This covered the Sterling Avenue/Foothill Drive Intersection, and added long term maintenance of the southeast corner. The November 7, 1990 Sterling Heights/Sterling Avenue Area process by Planning/City Attorney had been mishandled, therefore, the effective date of the re-evaluation being July 3, 1993 for the applicable SEIR filed with S.B. County and the State Office of Planning and Research. HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 IT RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFFMATE Page 3 I voiced my disappointment that you had not allowed this prior agreed upon City/EDA/SBVMWD final joint documentation to go forward, as it was already executed in cooperation by the SBVMWD on June 20, 1993, to be placed as a valid Public Item on the City/EDA August 16, 1993 Council/Commission Agenda. My further disappointment was in the City's continued mishandling of this overall Sterling Avenue Area matter and after much honest work and effort on the part of the City/EDA, other participators, the SBVMWD and Mr. and Mrs. Chrzanowski beginning and before January 28, 1991. As I related to you, I understand your political opportunism and the Public Release benefit to the newspaper media depicting new leadership austerity; but not by your refusing the SBVMWD Board's GOOD FAITH ACTIONS, after the City's requested $25 thousand ± Landscape/Re-Contouring/Mitigation participation help from them. Making a Mountain out of a Manhole: In truth your unilateral August 5, 1993 personal Directive was costly to the City, disrespectful to the good faith commitments of the SBVMWD, other participators and the Chrzanowski family. Of equal importance it was to the further economic hurt of the contiguous fallow un-maintained City Property (180 acre Water Department "Managed Asset") and the continuing resulting Depreciating Values of the City property and that being equally caused to the reduced equity of every neighborhood Citizen's home. "Making a Mountain out of a Manhole" is poor return to the Citizenry, by allowing a distorted picture rather than the true merits being given to the Public. i.e.: August 20. 1993 Article: "Mayor puts lid on Manhole Saga" August_31. 1993 Article: "Manhole Flaps shows style change" (See attached August 20, 1993 Article: "Mayor puts lid on Manhole Saga") (See attached August 31, 1993 Editorial:"Manhole Flap's shows style change") Public Benefit to Deter Blighted Deterioration of City Neighborhood(s): As I reiterated to you on September 23, 1993 the SBVMWD Staff, Board of Directors, Mr. and Mrs. Chrzanowski, Aaron and I or Sterling Heights participators knew nothing of your intended August 5, 1993 Directive with the City Attorney's Offices. Your Directive being that the City/EDA not to go forward with the project as committed and SBVMWD Agreement. By January 28, 1991 City request of the Chrzanowskis and the accepted, notarized and recorded March 11, 1991 City Obligations, this was a bilateral agreed upon matter to protect the Chrzanowskis' Home; and as an added City/EDA first step Public Benefit to deter the rampant Blighted Deterioration of the City and others properties causing Depreciating Values in this neighborhood area. Accordingly, and in support thereof, on March 15, 1992 the City/EDA approved and acquired an additional 8.5 acres fronting the City 180 acre unmaintained property and Foothill Drive for$360 thousand. February 1993 Major Claim filed against the City: As you know, in February 1992, the Mayor's Office, Mr. William E. Leonard and the City Attorney had asked me to assist the City/EDA in resolving the Major Claim filed against the City on this Foothill Drive land acquisition. The Claimant was the former spouse HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1830 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRIN(M.SAN BERNARDINO,CALWORNIA 92406 AT RESIDENCE MAILING:3293 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0133 tttt//// A WARNER W.HODGDON FAMILY GROUP AFFMIATE Page 4 of the City Administrator. The Claim was Settled on March 15, 1993 at No Cost and No Loss to the City/EDA. Mayor's August 5, 1993 Directive with the City Attorney's Office: To confirm your personal Directive with the City Attorney's Office, Dennis Barlow, Senior Assistant City Attorney, and also City/EDA Legal Counsel, wrote his August 5, 1993 Interoffice Memorandum to Ms. Ann DeBolt, Real Property Specialist, City Public Works Department. Mrs. DeBolt has handled the southeast corner matter for this City Obligation to the Chrzanowski Family beginning January 28, 1991. Quote: "As I(Dennis Barlow)indicated to you(Ann DeBolt)earlier,the Mayor(Tom Minor) asked that we not go forward with this project (City request of SBVMWD to participate$25 thousand).1 have also advised the EDA." (See attached August 5, 1993 Interoffice Memorandum from Dennis Barlow, Senior Assistant City Attorney RE: City/EDA and SBVMWD Sterling Avenue Project Agreement) SBVMWD $25 Thousand Reduces Sterling Avenue City Obligation to Only $10 thousand Account No.650-0140: Stubblefield Trial vs. The City Sterling Avenue Area Sworn Testimony result in $11.537 Million Loss: For your comfort, Aaron and I knew nothing about the City's January 28, 1991 request and the City's accepted, notarized and recorded March 11, 1991 obligation to Mr. and Mrs. Chrzanowski, until hearing of it at the SBVMWD May 4, 1993 Board meeting. Coincidentally, the City Attorney's Stubblefield "Mountain Shadows" Trial started on January 28, 1991. The Planning/City Attorney's mis-handling of the November 7, 1990 Sterling Heights/Sterling Avenue process was then used in Sworn Testimony for-the Stubblefield vs. The City $11.537 Million Loss. On May 4, 1993 the SBVMWD Board committed to implementing the City's requested portion of the Landscape/Re-Contouring and appurtenant facilities $25 thousand cost thereof; thus leaving the City with only $10 thousand remaining of the City's total estimated $35 thousand March 11, 1991 committed, accepted and recorded Obligation. The City cost for Curb/Gutter/Sidewalk is to be paid from the applicable use of the City/EDA Bonds Fund Account No. 650-0140 and structured for such purposes. Harrison Canyon Saga Cost City Millions in Damages: This City request to the SBVMWD for Assistance was subsequent to it's March 11, 1991 recorded obligation and commitment to the Chrzanowskis; and which had nothing to do with an INSPECTION MANHOLE for SBVMWD underlying Pipeline. The Manhole became an Obstructive Issue of Political personalities and demeaned the true constructive purpose. From previous flood damages sustained to their home, during the City's HARRISON CANYON SAGA and subsequent mis-handling thereof costing the City Millions in Damages, the Chrzanowskis' had not filed Legal Action Against the City/County for Damages. The Chrzanowski Family are Heroes: HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1950 HEADQUARTERS:POST OFFICE BOX 2146,ARROWFEEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 IT RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)993-0153 ���VVVV A WARNER W.NODGDON FAMILY GROUP AFFILIATE Page 5 Instead Mr. Chrzanowski wheel barreled the mud from his home and yard. Mr. and Mrs. Chrzanowski obtained a $6100 Federal Disaster Loan to repair the overflow damages to their home and used their children's $1800 savings to buy the contiguous County Remnant R/W property to help divert City property (200 acres across the street) and street storm flows to the north from flooding across the surplus Public R/W into their home. Mr. Chrzanowski made this added effort by hand work and shovel. The Chrzanowski Family are HEROES. SBVMWD May 4, 1993$25 thousand Commitment Reduces the March 11, 1991,City/EDA Obligation of$35 thousand by 71.44%: Understanding this Aaron and I (Rancho San Andreas Company-RSA) spoke before the SBVMWD Board in support of their May 4, 1993 Action, as their $25 thousand ± commitment substantially reduced the City's long standing estimated $35 thousand March 11, 1991 Obligation to the Chrzanowskis' by 71.44%. We also reiterated to the Board that RSA had volunteered as a participating party for approximately $400 thousand, at the September 30, 1992 request of the City/EDA, for the 1/22/86 City Full-Standard Sterling Avenue Area Primary/Secondary Access and Landscape/Mitigation Improvement/Maintenance District(s) referenced above. Therefore, the long term City southeast corner Maintenance Cost thereof under it's March 11, 1991 Recorded Obligations were off-set by the new Maintenance District. The 1/22/86 Sterling Avenue Area Primary/Secondary Access resolves City Liability to existing Homes: You were cognizant of this. As Councilman and incoming Mayor, you attended Planning's May 17, 1993 re-confirmation meeting for the City Approved 1/22/86 Dedicated Full-Standard Sterling Avenue Area Primary/Secondary Access and Landscape/Mitigation with Improvement/Maintenance District(s). The confirming participating parties present were the City/EDA (15 acre and 180 acre City Property a Water Department Managed Asset), RSA-Secret Hollow Ranch and Sterling Heights Property. This Primary/Secondary Access also serves and resolves City Liability for the existing 100 homes to the west allowed to be built by the City without Secondary Emergency Access. Also present were the City Administration and Staff members, including Planning, City/EDA, Water Department and Department of Public Works. City 1/22/86 Full-Standard Sterling Avenue Area Access Reevaluated and Reconfirmed by: City DERC, City Planning Commission and City Council: The purpose of the May 17, 1993 re-confirmation to Planning was for their ratification at the May 18, 1993 Planning Commission and May 24, 1993 Council Meetings. The approvals, re-confirmation and establishment of the City Approved 1/22/86 Full Standard Sterling Area Primary/Secondary Access and Landscape/Mitigation Plan with Improvement/Maintenance District(s) (Estimated $1.2 Million ±) was by the City DERC April 15, 1993, Planning/Commission May 18, 1993 and Council May 24, 1993. The effective dated of the applicable SEIR filed with S.B. County and the State Office of Planning and Research being July 3, 1993. HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO.CALIFORNIA 92406 IT RESIDENCE MARLING:329S BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)983-01S3 ���jjjj//// A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 6 The Overall Maintenance District(s) thereof would include the City/SBVMWD May 4, 1993 agreed upon Joint Participating Agreement for Improvements/Landscape/Re- contouring Mitigation on the southeast corner of Sterling Avenue/Foothill Drive. By the City January 28, 1991 request, the Landscape/Maintenance and Appurtenant Facilities Easement Deed therefore was given by the Chrzanowskis', accepted, notarized and recorded by the City March 11, 1991. Quote: "Norman R. Chrzanowski and Carol J. Chrzanowski, his wife, as joint tenants, do hereby Grants to the City of San Bernardino, a Municipal Corporation an easement for the Installation and maintenance of landscaping and appurtenant facilities, in, over, under and across..." "The Easement herein granted includes the right at anytime,or from time to time,to conduct, place, maintain, inspect, repair, replace, and renew the landscaping and appurtenances thereto and for incidental,purposes,including the right of ingress and egress thereto." August 5, 1993 Mayor's Directive with the City Attorney's Office; and FULL OBLIGATIONS for the Southeast Corner of Sterling Avenue and Foothill Drive in S.B.County: Your August 5, 1993 Directive with the City Attorney's Office not to go forward with the SBVMWD Agreement to participate in this southeast corner Project ($35 thousand) or the City/EDA ($10 thousand for protective Curb/Gutter/Sidewalk) leaves the City with the entire March 11, 1991 recorded CITY OBLIGATION of$35 thousand. In perspective to the facts your September 23 1993 explanation to me that you did not want to spend $10 thousand of City/EDA Improvement Bond Funds from Account No. 650-0140 on this Protect because it is within the S.B. County Southeast Corner does not make Common Sense to me or others. In addition there are pertinent and comparable factors to your S.B. County Analogy: • FIRST: approximately 77% of all City/EDA Redevelopment Project Area Funds come through the S.B. County,and would be applicable to the southeast corner, • SECOND: the City/EDA just paid approximately $35 thousand from Account No. 650-0140 for Curb/Gutter at the northwest vacant land corner of Palm/Highland Avenues with no City request or provision for Landscape/Maintenance Commitment. The property benefited with this City/EDA Grant is owned by out of town Investors and Listed for sale by an Ontario Broker; and, City/EDA Cost of Wal-Mart/Stubblefield Highland Avenue Area Improvements: • THIRD: approximately $400 thousand of the City/EDA $1.2 Million± Improvement Cost for Highland Avenue Area Wal-Mart/Stubblefield improvements were in the City of Highland, S.B. County Boundary. There is no applicable Highland Avenue Area Small Canyon Storm Drain ($300 thousand) Reimbursement Agreement with the City of Highland as they feel down stream impacts should be paid for by upstream development (Stubblefield). There is no Stubblefield $400 thousand reimbursement agreement. On October 21, 1993 the City/EDA approved a $11 thousand Change Order, by Consent Calendar and without Public Comment for Wal-Mart/Stubblefield HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN ISSO HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS.SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD.SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 ��yy A WARNER W.HODGDON FAMILY GROUP AMUATE Page 7 Highland Avenue Improvements. An October 23, 1993 Photolog of Wal- Mart/Stubblefield Highland Avenue Area Improvements is attached hereto. City/EDA/IVDA Cost-Loss of$5 Million±and Land Owner "Windfall Profits": • FOURTH:: The inept costly handling of the City/EDA November 6. 1991 Wal-Mart Development Agreement and overall Highland Avenue Area Wal-Mart/Stubblefield improvement costs City/EDA/IVDA Cost-Loss of$5 Million± Multi-Million Dollar "WINDFALL PROFITS" to out of Town Interim Land Owners and consequences are another matter addressed in my November 1 1993 letter to the Mayor and Common Council. (See attached October 23, 1993 Photolog of Wal-Mart/Stubblefield Highland Avenue Area Improvements) fFor Reference:See Warner Hodgdon November 1, 1993 letter to Mayor and Common Council RE:City/EDA Cost of Wal-Mart/Stubblefield Highland Avenue Area Improvements) Stubblefield September 23, 1993 Comments to City east Rt. 330/City Creek Canyon 50 year Development Agreement Ironically, while we were talking about these City Full-Standard Sterling Avenue Area Primary/Secondary Access Improvements on September 23, 1993, John Stubblefield walked up and spoke to us. He and I had just left the City Planning Department's Development and Environmental Review Committee (DERC) meeting. The meeting was in regard to the Planning/expert City Consultant/City Attorney review and recommendation to the DERC for approval of the Initial Environmental Study and Negative Declaration(s) covering Stubblefield's March 26, 1993 Application(s) request for: (1) east Rt. 330/City Creek Canyon City Sub-Standard Primary/Secondary Access, (2) Sub-Standard Access Variance, (3) Special Sub-Standard City Development Code Amendment therefore, and (4) City 50 year Development Agreement accepting same, including the Capital Deficiency Cost Liability, 50 year Maintenance Cost and other associated Rt. 330 Emergency Procedure Lockout Liability thereof. Warner Hodgdon September 23, 1993 Clarification to Stubblefield DERC Application Documents: Though I do not agree with the City/Stubblefield 50 year Development Agreement for Sub-Standard east Rt. 330/City Cook Canyon Access and City Maintenance thereof, I had spoken up at the applicable September 23, 1993 DERC meeting to give needed clarification of the Planning/Consultant/City Attorney prior reviewed and recommended Documentation. Mr. Stubblefield or his attorney had not observed their Documents mis-worded verbiage, however, my constructive comments were used for the following needed DERC corrections to the record. The City expert Consultant Documents had been written and presented to the State Clearing House and DERC EXACTLY OPPOSITE to the purpose of Stubblefield's March 26, 1993 Application(s) Sub-Standard Access request. Stubblefield September 23, 1993 Rt.330 Comments to Mayor Minor: HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2116.ARROWHEAD SPRINGS,SAN BERNARDINO.CALIFORNIA 92406 IT RESIDENCE MAILING:1295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92104.(714)883-0153 ���IIII A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 8 While you and I were subsequently speaking at the Planning Counter on September 23, 1993, John Stubblefield responded to you by his retort of being better off without my corrective comments while handing you a Stubblefield applicable letter for yourself, Councilman Oberhelman and the City Attorney. Irrespective of his childish comments, in truth the IES-ND(s) and related documents had been incorrectly written by the City expert Consultant, then reviewed by Planning/City Attorney, signed by the DERC Chairman, and forwarded to the State Clearing House for comment. As written and submitted to the State Clearing House, City Full-Standard Access was required for the Stubblefield Rt. 330/City Creek Canyon 20 acre property. Factual Related Comment: At the July 15,1991 Council Meeting the City Attorney recommended that the City Council Initiate an Amendment to the July 3, 1989 Updated City General Plan/FEIR,for, but not limited to, Stubblefield City Creek Canyon 20 acre Property 480 High Density Apartments (24 DU's per acre).The Council followed the City Attorney's Overall recommendations which included a 766% Density Increase for Stubblefield "Mountain Shadows"east/west Rt.330 total 283 acres. The City Attorney represented his July 15, 1991 recommendations for the amendment to the July 3, 1993 City General Plan/FEIR were for Settlement of his April 2, 1991 $11.537 million City Loss to Stubblefield for Damages. The July 3, 1989 City General Plan/FEIR also incorporated the provisions of the concurrent July 3, 1989 City and Superior Court approve City/Highland Hills Homeowners Association Settlement Agreement. Oversight Embarrassment to City Staff: Without my suggested Document clarifications for the September 23, 1993 DERC record, the City/Stubblefield 50 year Development Agreement for east Rt. 330/City Creek Canyon 20 acre property Sub-Standard Primary/Secondary Access would not have been in effective compliance for further City approvals and execution required under the Stubblefield March 26, 1993 Application(s). 1 spoke up not wanting Mr. Stubblefield, his Counsel, City Consultant, Planning Staff or the City Attorney to be embarrassed by this oversight during the following Public Hearing process later. Therefore I did not appreciate Mr. Stubblefield's arrogant remarks and have written him accordingly by my letter dated October 28. 1993 and copied the Mayor and Common Council for the record. (For Reference see October 28, 1993 Warner Hodgdon letter to John Stubblefield RE: September 23, 1993 DERC ' needed Corrections and Remarks) City Liability of Stubblefield Rt.30/330/City Creek Canyon Sub-Standard Access: As submitted to the State Clearing House there were no return comments by other Agencies, including the DFG, therefore Planning's outside expert City Environmental Consultant (Dodson) had just re-submitted his recommended Stubblefield Initial Environmental Study(s) and Negative Declaration(s); and the DERC therefore approved the Stubblefield's March 26, 1993 Application(s) for the then corrected : (1) Stubblefield east Rt. 330/City Creek Canyon 20 acre property Special City Sub-Standard Primary/Secondary Access Development Code Amendment IES-ND, and (2) Stubblefield east Rt. 330/City Creek Canyon 20 acre property and Sub-Standard Primary/Secondary Access 50 year Development Agreement IES-ND (No City Curbs/Gutters/Sidewalks, Landscape, Irrigation, Parkway Trees, Trails/Fence, Streetlights) with the City Deficiency Cost liability for City Full-Standards Access being hundreds of thousands of dollars; not including the added City HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN IISO HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 IT RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 9 50 year Maintenance Liability Cost thereof and other Rt. 330 Sub-Standard Secondary Emergency Access procedure Liability. (See attached October 1993 Photolog of Stubblefield east/west Rt.330 Stubblefield Access) March 22, 1993 Council Directive to Planning for east/west Rt. 330 Environmental Review of Stubblefield Massive Grading and Sub-Standard Access City Deficiency Cost not addressed: The Stubblefield Massive Grading of the east Rt. 330/City Creek Canyon 20 acre property and Bull Dozing therefrom Thousands of Boulders, Tons of Material, Debris, Trees and Stumps into the City Creek Streambed and City Full-Standard Deficiency Cost for the east/west Rt. 330 Sub-Standard Primary/Secondary Access(s) was not included in or as part of the August 26, 1993, September 23, 1993 and October 7, 1993, Planning/Consultant/City Attorney Environmental process for the DERC and AS DIRECTED BY THE COUNCIL'S CERTIFIED MINUTES DATED MARCH 22, 1993. The Stubblefield March 1993 Sub- Standard Rt. 330/City Creek Canyon 20 acre property Access Map and March 22, 1992 Photolog submitted to the Council of east/west Rt. 330 Massive Grading and Infrastructure Construction is attached hereto for your purview. As you know Planning/DERC is advised and documentation reviewed by the City Attorney's Office before Action. (See attached March 22, 1993 Certified Council Minutes; and Directive to Planning RE:Stubblefield East/West Rt.330 Environmental Review) (See attached March 1992 Stubblefield Sub-Standard Rt.330/City Creek Canyon Primary/Secondary Access Map) (See attached March 22, 1993 Partial Photolog of 1992 Stubblefield east/west Rt. 330 Massive Grading and Infrastructure Construction) Also attached hereto is the specific Council Agenda Item March 22, 1993 Stubblefield/City 50 year Development Agreement with attachments; and that remained the basis for, but not limited to, those used by the Planning, City Attorney, expert City Environmental Consultant review(s) and their recommendations to the DERC under the Stubblefield March 22, 1993 Application(s) for DERC approval of the applicable Stubblefield Initial Environmental Study(s)-Negative Declaration(s) on August 26, 1993, September 23, 1993 and October 7, 1993. (For Reference see attached Stubblefield/City 50 year Development Agreement and attachments for Rt. 330 Sub- Standard Access) Honest People not allowed to go forward by City/Planning/City Attorney Double Standard: In other words the City/Planning/City Attorney appears to have Double Standards. ONE: Full-Standard City Primary/Secondary Access for the Sterling Avenue Area with complete Supplemental Environmental Impact Report SEIR Environmental Review (Including the DFG), Improvement/Maintenance Cost provided for, and in accordance with the Full-Standard City Development Code are not allowed to go forward by sincere honest people's efforts to better the community; while TWO: the CITY/PLANNING/CITY ATTORNEY PROMOTES Stubblefield and City Rt. 330 East/West City Creek Canyon Sub-Standard Primary/Secondary Access, with HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 OHEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO.CALIFORNIA 92406 IT RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 WW A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 10 incomplete Environmental Review abuse, no City Planning/City Attorney notification to the DFG of Massive Grading and Bull-Dozing into the City Creek Streambed, the City pays all Stubblefield Sub-Standard Access Improvement Deficiency/Maintenance Cost therefore, and initiates Special Development Code Amendments that allows and approves of these abuses by others to be goo forward projects under a City 50 year Development Agreement. Stubblefield "Mountain Shadows" Attorney also represents "Sterling Heights": At the May 18, 1993 Planning Commission meeting for the Sterling Heights SEIR and re-confirmation of the City Approved 1/22/86 Full-Standard Sterling Avenue Area Primary/Secondary Access and Landscape/Mitigation Planned with Improvement/Maintenance District(s), Stubblefield's attorney, Darlene Fischer Phillips, Esq., also represented Sterling Heights. Her applicable May 17, 1993 letter representation to the Commission was regarding extension of time and the prior November 7, 1990 Sterling Heights/Sterling Avenue Planning/City Attorney handling process for proposed alternative Sub-Standard Primary/Secondary Access at that time. November 7, 1990 Sterling Avenue Planning/City Attorney Process Used in Stubblefield Trial Sworn Testimony: Therefore, she submitted to the Planning Commission her May 17, 1993 letter charging City HYPOCRISY for now re-confirming on May 18, 1993 the prior City Approved 1/22/86 Full-Standard Sterling Avenue Area Primary/Secondary Access through the DAG required Planning/City Attorney properly handled SEIR process. The City Hypocrisy pictured in her letter was because the November 7, 1990 Planning/City Attorney Process for Sterling Heights Tentative Tract/FEIR (under the June 2, 1989 Updated City General Plan Hillside Management District) had been used in SWORN TESTIMONY to support the January 28, 1991 Stubblefield west Rt. 330 Mountain Shadows Trial. The result being the April 2 1991 Stubblefield $11.537 Million Damages Against the City for Violation of Rights. The Sterling Avenue Area Mishandling by Planning/City Attorney on November 7,1990: Depreciating "Economic Value" of 180 acre Sterling Avenue Area fallow City Property: The November 7, 1990 Sterling Heights/Sterling Avenue FEIR Process was mishandled by Planning/City Attorney as to the proposed Vacating of the City approved for construction 1/22/86 Dedicated Full-Standard Sterling Avenue Area Primary/Secondary Public Road Access with FEIR and Addendum. For the November 7, 1990 Planning Commission Documentation a small 15 Sycamore Tree area was misrepresented as Pristine, and must be saved, when it was in truth Burned Out, Valueless and a Hazard. This exaggerated misrepresentation was necessary in the attempt to justify circumventing the Improvement Cost of the 1/22/86 Full-Standard Dedicated Public Road Vacating and realignment, by an alternate narrow, winding Sub-Standard Primary/Secondary private easement access. This November 7. 1990 proposed realignment circumvented the City Full- Standard 1/22/86 Dedicated City Primary/Secondary Public Road(s) Access to the 100 existing homes to the west, and RSA Access Property. These 1/22/86 Dedicated Sterling Avenue Area Public Road(s) improvements also fronted the fallow un-maintained City property (200 acres) 2800 lineal feet and thereby increasing it's Economic Value substantially. HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN ISS0 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 IT RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO.CALIFORNIA 92404,(714)883-0153 W A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 11 Presence of the Deputy Attorney General Fortunate for Sterling Avenue Area Re-Evaluation: After re-evaluation of the prior November 7, 1990 Sterling Avenue Area mishandling by Planning/City Attorney, the DERC on April 15, 1993, Planning Commission on May 18, 1993 and City Council on May 24, 1993, approved re-confirmation and establishment of the City Approved 1/22/86 Dedicated Full-Standard Sterling Avenue Area Primary/Secondary Access and Landscape/Mitigation Plan with Improvement/Maintenance District(s). Fortunately the presence of the Deputy Attorney General and Department of Fish and Game caused the proper Planning/City Attorney process. Warner Hodgdon/RSA had brought this mishandling and need for clarification to the attention of Planning and the DERC committee while On-Site at RSA-Secret Hollow Ranch December 19, 1991. Planning/City Attorney resisted and would not act until one year later on December 23, 1992 when the Planning/City Attorney expert Consultant, Tom Dodson and Associates, was retained to do the January 22, 1993 Final Report and Subsequent Sterling Heights/Sterling Avenue SEIR. The applicable SEIR Notice of Determination was filed with S.B. County and the State Office of Planning and Research, the effective date being July 3, 1993. Because of this DAG required proper handling, the City/DFG February 5, 1993 Sterling Avenue Area allegations become Moot. RSA Appreciates the Importance of Mayor Minor's Time: Thank you for agreeing to meet with Aaron and I for clarification and presentation of these Sterling Avenue Area and related facts to you. Realizing the importance of your time. as promised I wrote this letter to expedite and document preparedness for our joint meeting Incorporated herewith for your records is the titled: July 6, 1993 Draft Sterling Avenue Area Chronology and Background Actions with May 4, 1993 Arborist Report and Landscape Architect Plans, 3000 plant/tree species, and Cost Estimate for the Bio- Landscape/Mitigation Plan and Road Improvements ($1.2 Million). Included is the RSA 1991 Overall Illustration Aerial Plan of this Orchard Hills Urban Area and May 5, 1993 Sterling Avenue Area Landscape/Mitigation Plan (Bio-Resource Mitigation Plan) concurred in by the DFG and so referenced in your June 25, 1993 letter to Mr. McKinney, Esq. and October 1993 Photolog of Existing Conditions within the Sterling Avenue Area. For comparison of existing Development Entry Systems in other areas attached hereto is the 1991 Photolog found in the RSA May 5, 1992 Orchard Hills Enclaves Report to the City. (See attached July 6, 1993 Sterling Avenue Area Background Actions,Arborist Report and Landscape Architect Plans with 3000 plant/tree species and Cost Estimate) (See attached 1991 Overall Orchard Hills Sterling Avenue Area Illustrative Aerial Plan) (See attached 1991 Illustrative Sterling Avenue Area Security/Control Monitor Systems) (See attached May 5, 1993 Sterling Avenue Area Landscape/Mitigation Plan) (See attached October 1993 Photolog of the Sterling Avenue Area Existing Conditions) (See attached comparable existing Entry Systems Photolog in RSA May 5, 1992 Orchard Hills Enclaves Report to the City) HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 OHEADQUARTERS:POST OFFICE BOX 2146.ARROWHEAD SPRINGS,SAN BERNARDINO.CALIFORNIA 92406 T RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404.(714)883-0153 ���Vyy A WARNER W.HOOGDON FAMILY GROUP AFFILIATE Page 12 Mr.and Mrs.Chrzanowski's written to attend the August 16,1993 City/EDA Meeting: Mayor's Heart in Right Place and City Improvements needed in Right Place: We acknowledge that your heart is in the right place. everyone's concern is that positive efforts for needed City Improvements to curtail Neighborhood Deterioration are in the right place. The Chrzanowskis' were again written by the City Department of Public Works letter dated August 3, 1993 to attend the August 16, 1993 City/EDA meeting for the SBVMWD Agreement execution by the City. The District had preferred the Chrzanowskis' give the City Fee Title to their property, in lieu of the Landscape/Maintenance Appurtenant Facilities Easement Deed requested, accepted and recorded by the City March 11, 1991. The City having Fee Title would make the SBVMWD more comfortable in providing their May 4, 1993 commitment for the $25 thousand Landscape/Re-Contouring Mitigation over their underlying pipeline and participation with the City's request. The City Department of Public Works forwarded the replacement City Grant Deed to the Chrzanowskis' on August 3, 1993 for execution and without compensation. Therefore, the Chrzanowskis' were more than disappointed with your August 5 1993 Directive with the City Attorney's Office not to go forward with the project Like Aaron and I they too subsequently read about this in the City's resulting news releases found in The Sun on August 20 and August 31, 1993. Conclusion: On May 10, 1993 Aaron and I reviewed the Sterling Avenue/Foothill Drive Area On- Site with Brook Johnson, Publisher, The Sun, and wrote him by our letter dated May 12, 1993 relative thereto. He observed the City's North Sterling Avenue Area looking like a Dump, the unrelated Man-Hole to the east and unmaintained Road/Pipeline Right-of-Way area parallel the Chrzanowski family home. I subsequently read this letter into the Council Record and provided copies thereof. I have met with the Chrzanowskis' and have written an overview of this matter to them by letter dated November 1, 1993. They have previously committed and are prepared to execute and have Notarized the replacement Fee Title Grant Deed prepared and requested of them on August 3, 1993 by the City Public Works Department. (See attached August 3, 1993 Chrzanowski Fee Title Grant Deed prepared and requested by the City) (For reference:See November 1, 1993 Warner Hodgdon letter to the Chrmowskis'RE:City/SBVMWD) The Chrzanowskis' are HEROES and good decent people. We believe that we are decent too and only desire to rid the neighborhood and the City of the rampant Blight, Decay and Economic Depreciation. Accordingly, we had previously forwarded and reviewed with Department of Public Works, City/EDA and Planning our Illustrative Aerial Plan(s) of Development and May 5, 1992 Letter Report Book with Photolog titled: (Draft May 5,1993) Orchard Hills Enclaves Plan of Finance and Monthly Appreciation Contribution Community Service District and Covenants of Appreciation Monitor Control Security System Entrances and Street Landscape Standards of Maintenance (For Convenience and Reference:See Front Page only of the May 5, 1992 Orchard Hills letter Report Book) HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 AT RESIDENCE MAILING:3195 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 //// A WARNER W.HODGDON FAMMY GROUP AMUATE Page 13 SBVMWD Remains Committed to go Forward November 1, 1993: George Aguilar, SBVMWD Board Member called Aaron and I to meet with the SBVMWD Staff on October 26, 1993. I spoke with Pat Milligan, President, SBVMWD Board on November 1, 1993 and he planned to meet and speak with you, as they are all committed to go forward. The SBVMWD October 26. 1993 Meeting Agenda with Aaron and I is incorporated in our letter to the Chrzanowskis' and copied you and the Council. (See attached SBVMWD October 26, 1993 Meeting Agenda:Sterling Avenue Participation Agreement) EVWD Sterling Avenue and Foothill Drive Area Related Commitments For: Water Service Meter, Needed 3 Million Gallon Reservoir Location and June 1992 Geological Exploration: In cooperation, the EVWD Board approved on December 13, 1993 waving of the $1700 Water Meter Charge and will provide Service to the southeast corner Public Project undertaking for the installation cost only of $1200 to SBVMWD. By letter dated December 2, 1993 the District confirmed their need for a new 3 million gallon Reservoir Site, Access and Main Facilities along the east 1/22/86 Dedicated Full-Standard Sterling Avenue Area Primary/Secondary Access. EVWD Manager Bob Martin acknowledged both of these matters in his letter dated December 2, 1993 and Memorandum dated December 9, 1993. Mr. Martin also acknowledged that the EVWD major Geological Explorations therefore, was completed by heavy equipment in June 1992 (1100 lineal feet of trench 10 feet deep) for their July 10, 1992 Reservoir Site Location Fault Investigation Report. (See attached December 2, 1993 EVWD letter RE:Reservoir Location at Sterling Avenue) (See attached December 9, 1993 EVWD letter RE: Southeast Sterling Avenue Area Water Meter Service) Norman and Carol Chrzanowski Cooperation with City/SBVMWD January 1991 to December 1993,and Fully Documented by Warner Hodgdon November 1, 1993 Letter and Photologs: Hopefully, as Mayor you will work with everyone, including all participating parties that have worked so hard and invested enormous capital in Good Faith to improve the neighborhood Values. The City's on-going performance thus far has been very costly to the Value of the City/EDA's own fallow un-maintained property (200 acres ±), Sterling Heights property owners, RSA-Secret Hollow Ranch, and every neighborhood Citizen's Home Equity. This travesty and related curtailments have cost RSA over $1 Million just to re- confirm the Sterling Avenue Area Primary/Secondary Area which had already been approved by the City on 1/22/86• and is pointing toward the RSA impact cost/loss of several million more. It is short sighted of the City not to see that the future of this neighborhood area is in socio/economic jeopardy and to continue curtailing RSA and Sterling Heights constructive improvement thereof. (For Reference see November 1, 1993 Warner Hodgdon letter of Documentation and Photologs to Carol and Norman Chrzanowski) Politics exist in a warped World. We sincerely believe that you and the Council have the Wisdom to foresee that the revitalization of this overall Sterling Avenue Area, starting with the January 1991 City/EDA/Water Department Joint Participation and Implementation HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN ISSO HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 IT RESIDENCE MAILING:329S BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883 IS3 ���1111//// A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 14 of their own fallow unmaintained 200 acre property is a CONSTRUCTIVE TEMPLATE that can be repeated throughout other community neighborhoods for the betterment of the entire City's future. Sincerely, Warner W. Hodgdon cc: Carol J.Chrzanowski and Norman R.Chrzanowski George Aguilar,Director/Pat Milligan,President,SBVMWD City Council/Commission Members Al Boughey,Director of Planning Shauna Clark,City Administrator Dennis Barlow,Senior Assistant City Attorney for City/EDA Ann DeBolt,Real Estate Specialist,City Department of Public Works HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A V ARNER V.HODGDON TAMMY GROUP AFFMIATE OE-ttNARD��o CI ° ERNARDINO 300 NORTH"D"STREET.SAN BERNARDINO.CALIFORNIA 92418 z �nf 1N♦0 PUBLIC WORKS DEPARTMENT ROGER 0.HARDORAVE D""or of Public Works _—.January 28. 1991 File No. 15.02-1146 Mr. and Mrs. Norman Chrzanowski 5325 Sterling Avenue San Bernardino, CA 92404 Re: Landscape Easement SEC Foothill Drive and Sterling Avenue Dear Mr. and Mrs. Chrzanowski: We understand you have indicated your willingness to dedicate a portion of your property located at the SEC of Foothill Drive and Sterling Avenue for landscape purposes. This easement will enable the City of San Bernardino to landscape this corner of your property and enhance both your property and the surrounding area. If you would both sign the easement, have it properly notarized and return same to this office, we will submit it for acceptance and for recording. The City of San Bernardino appreciates your cooperation, and if we can be of any service to you, or answer any questions regarding this project, please contact Anne DeBolt in our Real Property Section at (714) 384-5111. Sincerely, ROGER G. HARDGRAVE Director of Public Works/City Engineer ANNE DeBOLT Real Property Specialist /adb Encl. cc: W. R. Holcomb, Mayor, City of San Bernardino PRICE IN PROGRESS 0141384.5111 - 384.5112 • _ ! VNEN RECORDED MAIL TO: Ia,.._ Vi _ Y CLERK RECOPdXD tm ( l c1iYHALL )FRCIAL RFCna 300 North"D"Street San Bernardino,California 92418 I I I S' S4 I SAN BERNARDINO CO-,.CALIF. SPACE ABOVE THIS LINE FOR RECORDER'S USE —_—PAS F— . M F _- NORMAN R CffR7_ANAYSKT And rARI'11. .1 rffR7ANQWSKT._hig wifp_ Ae_4Oint_tenantz----_____ r (Grantor-Grantors) FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, Do_—Hereby Grant to the CITY OF SAN BERNARDINO,a Municipal-Corponti6n, An ensement_fns,.__._ the installation and maintenance of landscaping and appurtenant facilities, in, .41'CLa_SLAG�CCa-0�..�SC,L'1LS.a.......• � _ .— ___.___ _.___ _ the real property in the City of San Bernardino,County of San Bernardino,State of California,described as follows: That portion of Lot 5, Block 19, WEST HIGHLANDS TRACT, as per plat recorded in Book 5 of Maps, Page 77, records of said County, described as follows: Coarmencing at a 1 inch iron pipe located at the intersection of the centerline of _ Sterling Avenue and the Muscupiabe Rancho line, as shown on Tract No. 5096, as per plat recorded in Book 62 of Maps. Page 50, Records of said County; thence South 000 05' 45" East, along said centerline of Sterling Avenue, a distance of 118.28 feet; thence North 890 54' 15" East, a distance of 41.25 feet to the Southwesterly line of Foothill Drive, 40.00 feet wide, being also the Westerly (OVER) ,n - Dated_�� 191Q� NORMAN R. CHRZAN KI - e�-1 , ]— � CAROL CHRZANOVKI ACKNOWLEDGEMENT OF GRANTOR: This is to certify that the interest in real property conveyed by the within instrument to the City of San Sernarcino.California.a mun600411-orporation•is hereby STATE OF CALIF RNIA_ accented by order of the City CPuncil•and the grantee SS. consents to the rec-odatton thereof by its ouly authorized CO VL officer. Dated before tnr CITY OF SAN BERNAROINO a No h f � CO rson lred _ ty Clerk _ known to me to be the person$whose namtS- { , sub- scn to the within instrument and acknowledged that r1c� executed the a auou.a" WITNESS -y had and offc C. I ROTA et Fo W�A tx M at :e My Commission expire I _ FOR NOTARY SEAL OR STAMP LocatioISEC_Fnathill_j2r__&S•terling-_Avr... I File No. ADB Vi i i 91i081967 i line of those two parcels of land described in Deeds to the County of San Bernardino, recorded June 18, 1953, in Book 3190, Page 122, Official Records of i said County and recorded April 19, 1957 in Book 4211, Pace-Q4,-0ht+ivMf} Reeort3 of said County; thence South 000 05' 45" East, along ta4'AIizterly line. i distance of 151.07 feet to the Southwest corner of said'l iki mentioned -County parcel; thence North 890 54' 15" East along the South linp•of said la�k:/ientione# County parcel, a distance of 8.75 feet to the Southwest!coroer.•�.Abe.&pawaai described in the Grant Deed from James Watson, et ux, to the County of San Bernardino, recorded April 11, 1958, in Book 4481. Page 199, Official Records, said Southwest corner being parallel with and 103.00 feet North of the North line of Lot 3 of said Tract No. 5096; thence continuing North 890 54' 15" East, along said parallel line, a distance of 2.00 feet to the True Point of Beginning; thence North 000 05' 45" West along a line thaE is parallel with and 52.00 feet East of said centerline of Sterling Avenue, a distance of 33,67 feet to the beginning of a tangent curve concave to the Southeast, having a radius of 30.00 feet, thence Northeasterly and Southeasterly along said curve, through an angle of 1350 05' 30", an arc distance of 70.73 feet to an intersection with a line that is parallel with and distant 44.00 feet Southwesterly of the centerline of said Foothill Drive; thence South 450 00' 15" East (record per deed North 450 57' 15" West) along said parallel line, a distance of 77.44 feet to the South line of said last mentioned Watson Deed to the County; thence South 89054' 15" West along said South line, a distance of 105.92 feet, more or less, to the True Point of Beginning. THE EASEMENT herein granted includes the right at any time, or from time to time, to construct, place, maintain, operate, inspect, repair, replace and renew the landscaping and appurtenances thereto, and for incidental purposes, including the right of ingress and egress thereto. SEC Foothill Drive and Sterling Avenue 15.02-1148 ADB i ne Jun FRIDAY,August 20,1993 Mayor puts fid on manhole saga _ ■ Unless the water district GOVERNMENT had not spoken to Minor abbut beautifies the lot and the status of the tentative trict, the district would spend agreement. He was not surprised manhole cover on its own, $22,000 to landscape the lot, and that the mayor did not want,to former mayor Bob Holcomb's the city would install curbs and spend the money. plans may go down the drain, gutters and provide maintenance. "Given the financial difficul- ties in cities and counties I would By PAMELAFnzsimmoNs Then-Mayor Holcomb pro- suspect that a project like this is Sun Staff Writer posed the project because he looked at more carefully than it thought the vacant lot and the might have been in the pa'st," SAN BERNARDINO—May- raised manhole—covering one Of Fletcher said. or Tom Minor doesn't want the the district's water vaults—was The Chrzanowskis had''In- city spending money to conceal a an eyesore. The corner is ex- tended to deed their portion of raised manhole cover in former pected to be the gateway to a de- the lot to the water district,-.but Mayor Bob Holcomb's neighbor- velopment of expensive homes they doubt that they will iCthe.lot hood. planned nearby.Holcomb lives in is not landscaped. the neighborhood and drove by "That was then, and this is the lot daily. "I've lived with it for 22 years. now," Minor said of the city's in- ... It's not a real big thing,"Nor- tentions earlier this year to spend The lot is owned by the water man Chrzanowski said. "It would about $10,000 on curbs and gut- district, the county and Norman have been a good thing for the ters for a small triangular-shaped and Carol Chrzanowski, whose city. They are going to sell some lot at Sterling Avenue and Foot- house is adjacent to the site. expensive htimes up here, and it hill Drive. Whether the water district should have been a little bit beau- "As far I am concerned, the will now assume the full cost of tified. city is not going to do it,"he said. beautifying the corner will de- After Holcomb agreed to "There are places I would rather pend on its board of directors. landscape the corner, residents spend money." The vote approving the tentative throughout the city protested. agreement was 3-2. Several pointed out that there Under a tentative agreement were raised manhole covers rest- approved in May by the San Ber- Louis Fletcher, general man- ing on top of district water vaults nardino Municipal Water Dis- ager of the water district,said he in their neighborhoods. TUESDAY,August 31,1993 Manhole flap's end shows style change The symbolism couldn't have een more powerful."That was then,and this is now," San Bernardino Mayor Tom Minor said as he declared he doesn't want the city spending money to conceal a raised manhole cover in former Mayor Bob Holcomb's neighborhood. "As far I am concerned,the city is not going to do it,"Minor said of the city's intentions earlier this year to spend about $10,000 on curbs and gutters for a small triangular-shaped lot at Sterling Avenue and Foothill Drive."There are places I would rather spend money." Under a tentative agreement approved in May by the San Bernardino Municipal Water District,the district would spend $22,000 to landscape the lot,while the city would install curbs and gutters and provide maintenance.The corner is expected to be ;the gateway to a development ofexpensive homes planned nearby.Holcomb lives nearby and drgye by the lot daily.As mayor, Holcomb pushed the project because he 'thought the lot and the raised manhole were eyesores. The reversal shows the notable change that has taken place at city hall.No longer do frivolous preoccupations get blown into such proportions that they consume unwarranted amounts of city money and attention.How refreshing it is to see San Bernardino's city government move in this new direction i C I T Y OF S A N B E R N A R D I N O INTEROFFICE MEMORANDUM TO: Roger Hardgrave, Director of Public Works/Engineering ATTN: Anne DeBolt FROM: Dennis A. Barlow, Sr. Asst. City Attorney DATE: August 5, 1993 RE: Landscape Agreement As I indicated to you earlier, the Mayor asked that we not go forward with this project. I have also advised EDA. Thank you for providing the additional back-up material. DENNIS A BARLOW DAB/bg [Landscape.Mem] REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK CITY HALL 300 North"D"Street San Bernardino,California 92418 SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT-. E E D ....... NORMAN R. CHRZANOWSKI and CAROL J. CHRZANOWSKI, his wife, as ioint tenants _.........................•-------- -- .... _.............. _.---..........- _......-..............-•- (Grantor-Grantors) FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, Do..._....Hereby Grant to the CITY OF SAN BERNARDINO,a Municipal Corporation, ------------------------------------------------------ ......._.----------.._......._......................... ... the real property in the City of San Bernardino,County of San Bernardino,State of California,described as follows: That portion of Lot 5, Block 19, WEST HIGHLANDS TRACT, as per plat recorded in Book 5 of Maps, Page 77, records of said County, described as follows: Commencing at a 1 inch iron pipe located at the intersection of the centerline of Sterling Avenue and the Muscupiabe Rancho Line, as shown on Tract No. 5096, as per plat recorded in Book 62 of Maps, Page 50, records of said County; thence South 000 05' 45" East, along said centerline of Sterling Avenue, a distance of 118.28 feet; thence North 890 54' 15" East, a distance of 41.25 feet to the Southwesterly line of Foothill Drive, 40.00 feet wide, being also the Westerly line of those two parcels of land described in Deeds to the County of San Bernardino, recorded June 18, 1953, in (OVER) Dated.......____.•......................-__.._-_--------..__,19______ NORMAN R. CHRZANOWSKI CAROL J. CHRZANOWSKI This is to certify that the interest in real property ACKNOWLEDGEMENT OF GRANTOR: conveyed by the within instrument to the City of San STATE OF CALIFORNIA Bernardino,California.a municipal corporation,6 hereby accepted by order of the City Council.and the grantee CO1J1dTY OF consents to the recordation thereof by is duly authorized officer. On beforeme, Dated._....._-°.................................._.. personallyappeared CITY OF SAN BERNARDINO By --------—------—--------------------------------- City Clark personally known to me(or proved to me on the basis of satisfactory evidence) to be the person(s)whose ramie(s)is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/her/their autho- rized capacity(iea),and that by his/her/their signature(s)on the instrument the Person(.),or the entiry upon behalf of which the person(s)acted,executed the matromenL WITNESS my hand and official seal. Signature SEC Foothill Dr. OR NOTARY SEAL OR STAMP Location SEC /Sterling Ave.Ave. --•---------------••---------•----•----•---------.........--------------•-- File No. ..........15.02A-09 ADB I A.P.N.: 285-271-18 DESCRIPTION CONTINUED: Book 3190, Page 122, Official Records of said County and recorded April 19, 1957 in Book 4211, Page 24, Official Records of said County; thence South 000 05' 45" East, along said Westerly line, a distance of 151.07 feet to the Southwest corner of said last mentioned County parcel; thence North 890 54' 15" East along the South line of said last mentioned County parcel, a distance of 8.75 feet to.the Southwest corner of the parcel described in the Grant Deed from James Watson, et ux, to the County of San Bernardino, recorded April 11, 1958, in Book 4481, Page 199, Official Records, said Southwest corner being parallel with and 103.00 feet North of the North line of Lot 3 of said Tract 5096; thence continuing North 890 54' 15" East, along said parallel line, a distance of 2.00 feet to the True Point of Beginning; thence North 000 05' 45" West along a line that is parallel with and 52.00 feet East of said centerline of Sterling Avenue, a distance of 33.67 feet to the beginning of a tangent curve concave to the Southeast, having a radius of 30.00 feet; thence Northeasterly and Southeast- erly along said curve, through an angle of 1350 05' 30", an are distance of 70.73 feet to an intersection with a line that is parallel with and distant 44.00 feet Southwesterly of the centerline of said Foothill Drive; thence South 450 00' 15" East (record per deed North 450 57' 15" West) along said parallel line, a distance of 77.44 feet to the South line of said last mentioned Watson Deed to the County; thence South 890 54' 15" West along said South line, a distance of 105.92 feet, more or less, to the True Point of Beginning. SEC Foothill Drive and Sterling Avenue 15.02A-09 ADB ROGER G. HARDGRAVE Director of Public Works/City Engineer City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 I/We, the undersigned, understand that we are entitled to receive just compensation for our property being acquired by the City of San Bernardino to construct curb, gutter, sidewalk and paving at the Southeasterly corner of Foothill Drive and Sterling Avenue in the City of San Bernardino. Upon completion of the above improvements, San Bernardino Valley Municipal Water District will install an irrigation system and landscaping in the above described property. We do not wish to receive just compensation, but to donate the area necessary for the construction as described in the Common Use Agreement between the City of San Bernardino and the San Bernardino Valley Municipal Water District which is being prepared for signature. It is understood that any changes in the proposal, adverse to our property, will make this agreement null and void. NORMAN R. CHRZANOWSKI CAROL J. CHRZANOWSKI Date: IF IF • • • • w DWI W.1 • N'. uRL c cessMO D 6 AECREAT 0 ARU- u5 S INx2 U C LOESS AD$ CC • OH �♦ & r,t I Nl,, 1 E F SON HINT D/.OYA ESER Fi• ` Ila > . +A - f Y • n ' `: t .t A �� ,n_. �, c ! ' ,.t., > o.,�-�.r ♦ � -Y `..:� r...•T t. XRj(t�,7 X41 J ST�.A E BE AND] LPO J��9 C i. 1 K _ S 1111 E OCLO�A CH'.' D CPES - -' o�SNOTS. �/ `:.� 1 `I.� • Cy3 D ..ER ,7 �E ., i.��',t� s - .mob ..-4 Y« 14�, 1 .. c c F'n cAN o+'riro. A ><`` ;r• :;� "3'.'" A :' L� 04 E OPC AR�� - D � � L •s {+` ERLV IP�G J l L TTI SAYDME D I Y '4r^' �I J.: «i\M�+'LMF- E I V ' WL IIOH E II I LC SAND u s- f G F Urt}T {I' y •^LL - n-J"FH _ )OP NGE ORC --US BIINt �RU SACCE 5 t'�T(OS[ FILL �^ r cD��rn-sTERCivc � =-� .�'✓ T -�-•.r �o".°Rq'` __°_,�y :. ... _, sLLUE F t{ 1 _ i%�_ UEl INDIAN LSERVAT O I F> 4p � - L-os A bt J De aa_at mca,oi '� J �i d D -V- NN.n - FLIT RE4 M GSCOM IE%RESERVE - I B1AG0 2ND G M NG 1 �����-,J,t'♦ r � t - _1'-E'.>-'S, `t-J �'��:-+k .,-«�✓ .�.:.�.1.1. I��J ~� N.BER'XILL,�,�;'�`f���l/� . """"'�° +�-•---"--'�.�..�, BBL v .1.. �` � + -.i��it��_i} �'� ..�r F "� !> ttI, T r.�. iT rte. .� •� i= ,s., �'.7-,._ ' �- 7 x=> �'�= +�.. cam_��•�a ,..� �'v}�-r `. ; _ ts� x `b arj PATTON RECREATION AREA IF N '-1' ':.Jz � II • ti'...Y,.�` c^-E!�c f �""`^ e ETS, � ✓ af. � �;cy 1�+�f -i.t p C F^�9 kE sEA Er f 7-i. • ,IG :-j�, -?II .i IF -- .1 CIF = ILaLLAnk l`1°�_ -..'� ...\ •i 7 �'�' —�.Y��r''� �- -�,,• _ R N< o IA' sus<oNRa+� r I ! 1 c�{ \V �tlIIIIIIr { smtt � c£NI£R- l 1 t::. Of[I ER RD O `ti P "I 1 'AIL �:S ii T- E"✓ {>�>' � Y �A ND .ji E sT-VA F`T pI SU • - UvEP>IEU a HODGDON 19 FOOTHILL Pll'E STERIIn'G wvEnUE DEL ROSA AIENUE 10 Summary of Board Action on the Proposed Landscape Project Between the City of San Bernardino and the San Bernardino Valley Municipal Water District. SBVMWD Board action May 4, 1993: ...enter into an agreement with the City of San Bernardino to landscape the property at the comer of Foothill and Sterling utilizing Fortune Gardening & Landscaping as the low bidder subject to presentation to us of an acceptable contract for .Landscape Common Use Agreement containing an (1)acceptable hold harmless agreement, and (2)containing an appropriate provision for the Deeding of the property to the City of San Bernardino... Summary of Proposed Landscape Agreement: Division of Res onsibilities: San Bem.ardino Valle Acquisition of Assessor's Parcel Construction of landscaping materials Number 285-271-18 commonly and irrigation system including water referred to as the Chrzanowski meter, electric meter, and irrigation timing property at no cost clock estimated cost of$20,606). Construction of curb, gutter, and sidewalk(approximately $10,000). Ongoing maintenance of landscaping and irrigation system including monthly water and electrical costs cost unknown). Conditions based upon the May 4. 1993 action taken by the SBVMWD Board of Directors : 1. Hold harmless clause: Page 2; Paragraph 7 of the proposed landscape agreement. 2. Deeding of property to City of San Bernardino: Page 3; Paragraph 8, Lines 15-17 of the proposed landscape agreement. Minutes of the Regular Board Meeting San Bernardino Valley Municipal Water District, May 4, 1993, pages 3127-3128. October 26, 1993 SBVMWD/RSA Joint Cooperation Meeting 1 LANDSCAPE AGREEMENT 2 THIS AGREEMENT, made and entered into this day of 3 , 1993, by and between the CITY OF SAN BERNARDINO, a munici- 4 pal corporation of the State of California, hereinafter referred to as 5 "CITY", and the SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT, a municipal 6 water district, hereinafter referred to as "DISTRICT". 7 W I T N E S S E T H 8 WHEREAS, CITY desires to construct, at no cost to the DISTRICT, 9 curb, gutter, and sidewalk and to maintain the landscaping and irrigation 10 system to be installed by DISTRICT in and along the property commonly known 11 as A.P.N. 285-271-18, generally located at the Southeasterly corner of Foot- 12 hill Drive and Sterling Avenue, which may include adjacent property ouT,ed b, 13 the County of San Bernardino, and which construction will necessitate CITY's 14 use of portions of the property which are subject to that certain DISTRICT 15 easement over said property. Said property is hereinafter referred to as 16 "LANDSCAPE AREA", shown on attached plat maps marked "EXHIBITS "A"-"B"; and, 17 WHEREAS, DISTRICT desires to install , at no cost to CITY, landscap- 18 ing and the appurtenant irrigation system in said property, over a portion of 19 which property DISTRICT has an easement for water transmission purposes; 20 NOW, THEREFORE, IT IS UNDERSTOOD AND MUTUALLY AGREED AS FOLLOWS: 21 1. CITY hereby consents to the installation of the above men- 22 tioned irrigation system, landscaping, and appurtenances thereto, at no 23 expense to the CITY within the LANDSCAPE AREA. CITY shall obtain a permit 24 from the County of San Bernardino for landscaping any portion of the 25 LANDSCAPE AREA which may be owned by the County, and said construction and 26 maintenance of such property shall be done at no expense to the County -of 27 San Bernardino. Except in emergencies, DISTRICT shall give reasonable notice 28 to CITY, before performing any work on DISTRICT facilities within said 15.02A-09 06/11/93 1 1 LANDSCAPE AREA. DISTRICT shall retain its existing water pipeline easement 2 and right-of-way. 3 2. CITY shall assume full responsibility for the construction 4 of said curb, gutter, sidewalk, and appurtenant facilities. CITY shall 5 commence construction of said improvements within sixty (60) days of the 6 execution of this AGREEMENT or the acquisition of the privately owned portion 7 of the property by the CITY, whichever is later. 8 3. Upon completion of the irrigation system and landscaping 9 installed by DISTRICT, and its acceptance by the CITY, CITY shall assume full 10 responsibility for the on-going maintenance of the landscaping and sprinkler 11 system within the LANDSCAPE AREA, including the monthly water and electrical 12 costs, and DISTRICT shall have no further rights or duties with respect 13 thereto except those arising out of DISTRICT'S easement. 14 4. CITY has, and reserves the right to use the LANDSCAPE AREA in 15 any manner not in conflict with DISTRICT'S easement without necessity for any 16 further permit or permission from DISTRICT. CITY shall , except in en,ergeil- 17 Gies, give reasonable notice to DISTRICT before performing any work which ma% 18 affect DISTRICT'S facilities in said LANDSCAPE AREA. 19 5. CITY will not construct nor cause to be constructed anv 20 improvements which will interfere with the operation and maintenance of the 21 DISTRICT'S water transmission facilities. 22 6. CITY shall provide appropriate documentation to the DISTRICT 23 to show that the CITY is self-insured. See attached EXHIBIT "C" for in- 24 surance documentation. 25 7. CITY shall indemnify and hold harmless the DISTRICT and the 26 County of San Bernardino and all their authorized agents, officers., , volun- 27 teers, and employees of said bodies free and harmless from any and every 28 claim, demand, or action for damages or injury to any person or persons or 15.02A-09 06/11/93 2 1 property of any kind whatsoever, and any cost or expense in connection there- 2 with, which may arise out of or result from CITY'S negligent acts, omissions, 3 construction, operation, maintenance, use, or activities of its improvements 4 or facilities as described herein. 5 8. DISTRICT shall assume full responsibility for the purchase of 6 materials and the installation of said irrigation system and landscaping, 7 including the water meter, electric meter, and irrigation timing clocks. The 8 nature and extent of such irrigation and landscape improvements shall be as 9 determined by DISTRICT, but DISTRICT shall provide a plan of such improve- 10 ments to CITY for its approval before commencing work. DISTRICT shall not 11 commence with the installation of the irrigation system, landscaping and 12 appurtenant facilities until CITY has completed the construction of curbs, 13 gutters, and sidewalks. DISTRICT shall install the irrigation system and the 14 landscaping and appurtenant facilities within sixty (60) days of the comple- 15 tion of CITY'S construction of curb, gutter and sidewalk, but DISTRICT shall 16 not be required to commence work prior to acquisition of the property by 17 CITY. is 9. DISTRICT shall secure and provide documentation as to DIS- 19 TRICT'S own insurance coverage or provide appropriate documentation to show 20 that DISTRICT is self-insured. See attached EXHIBIT "D" for DISTRICT'S 21 insurance documentation. 22 10. DISTRICT shall indemnify and hold harmless the CITY and the 23 County of San Bernardino and all their authorized agents, officers, volun- 24 teers, and employees of said public bodies free and harmless from any and 25 every claim, demand, or action for damages or injury to any person or persons 26 or property of any kind whatsoever, and any -cost or expense in connection 27 therewith, which may arise out of or result from DISTRICT'S negligent acts, 28 omissions, construction, operation, maintenance, use, or activities of its 15.02A-09 06/11/93 3 1 improvements or facilities as described herein. 2 11. EITHER party may, upon thirty (30) days written notice to 3 the other party, terminate the hereinabove described AGREEMENT, with each 4 party to the AGREEMENT being responsible for its share of the costs incurred 5 by virtue of any hereinbefore described conditions. 6 THIS AGREEMENT shall inure to the benefit of, and be binding upon 7 the successors and assigns of both parties. 8 / / 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15.02A-09 06/11/93 4 1 CITY OF SAN BERNARDINO 2 3 Tom Minor, Mayor 4 5 Attest: 6 7 Rachel Clark, City Clerk — 8 9 Approved as to form and legal content: 10 11 James F. Penman, City .Attorney 12 13 By: - - 14 15 16 SAN BERNARDI, 0 VALLEY 1UNICIPAL WATER DISTRJCT 17 18 By:- - _ - 19 20 Attest: 21 By• G. 23 24 Approved as to form and legal content 25 26 James W. Dilworth, Attorney 28 By: 15.02A-09 06/11/93 5 0 N ' W • J ; Q ' ' U • J ! `�� y v ••� i W- r•a CWC CL. CWC 1— 1l •� a t- m, o _ \ cc CO LLJ - JE Z CL �'� O W cc^ < f��// = z z U 0 v � CO COO LU del cn l V+ 11 U) O Exhibit "A" U ca_ CO. Sd, cc, 8, 3iyO%/.22 yz///Iy FEE Alm f f 0 ! Proposed Landscape "Q Area (cross-hatched) Lot S s� 0 cI�RZ.+�vowsxl (FEt� � �t e s•o �� f .av L• � ' Exhibit "B" Il DRAFT UPDATED DECEMBER 15, 1993 July 6, 1993 FOR DISCUSSION PURPOSES ONLY THE STERLING AVENUE AREA CHRONOLOGY and BACKGROUND ACTIONS and FUNDING STRUCTURE and TENTATIVE ACTION SCHEDULE FOR THE STERLING AVENUE AREA PRIMARY/SECONDARY ACCESS IMPLEMENTATION with LANDSCAPE/MITIGATION PLAN IMPLEMENTATION THE PARTICIPATING PARTIES ARE: Sterling Heights,City/EDA Little Sand Canyon and RSA-Secret Hollow Ranch Sterling Avenue Area Acquisition Improvement District(s)/Ordinance and Maintenance District(s) PURPOSE: There is wide spread Public and Private concern as to the depreciating values of the City community homes brought about by non-maintenance of property, blight and decay. The Sterling Avenue and Foothill Drive area is a prime example of this depreciation and growing market resistance. Though it presently represents one of the City's higher generating public revenue neighborhoods, existing and future public :revenues are being seriously curtailed. Of equal importance to recognize, is the on-going erosion of every citizen's capital investment and equity in their homes. This results from, but not limited to, a lack of certain street infrastructure, large acreage of fallow non-maintained land and which is the major contributor to "Wildfires", Illegal Dumping, Auto Striping, Illegal Off-Road Vehicles Use and Haven for Resulting Crime. The largest non-productive property (180 acres) has been owned by the City since April 15, 1974 and held as a City Water Department MANAGED ASSET. To help alleviate this condition, beginning January 1991 the City/EDA, in joint participation with the Water Department initiated the development approval process for this City fallow un-maintained land. By November 1, 1991 the City/EDA released it's intent to the Public and the Press along with the Illustrative Development Plan for Little Sand Canyon. The Development Plans, by Associated Engineers, Rancho Cucamonga, included an additional contiguous 14 acres fronting Foothill Drive. This property was held in escrow at that time and the purchase was completed by City/EDA approval on March 15, 1992 for approximately $360 thousand. On January 8, 1980 the Water Board concurred in their minutes for the Sterling Avenue extension 2800 feet north of Foothills Drive and fronting the contiguous City owned Little Sand Canyon 180 acres to the east. On April 7, 1981 the City Planning Commission approved this Sterling Avenue Area Primary/Secondary Access. By letter of December 30, 1985 to the City Page 1 of 19 Engineer the City Water Department concurred in the dedication and recordation of the Sterling Avenue Area Primary/Secondary access and in accordance with the Board's January 8, 1980 minutes. These dedicated Public Roads also served as the needed emergency access for approximately 100 existing homes to the west. The Sterling Avenue Primary/Secondary Access was Dedicated, Final Engineering Plans approved for construction by the City, Recorded and Bonded 1/22/86 Official Records No 86- 017624 with Certified EIR and Addendum. The Redlands Federal Bank September 30, 1985 Letter of Credit and Faithful Performance Bond relative to these Public Road improvements remains in effect. The same developable acreage to be served at that time is today referred to as: Sterling Heights (50 acres), City/EDA Little Sand Canyon (180 acres) and RSA-Secret Hollow Ranch (110 acres). The 100 existing homes to the west are served also. There are other approved Tentative Tracts and undeveloped improved lots in the immediate overall east and west Foothill Enclave Areas. An overall Illustrative Plan of Development and Draft Report linking various contiguous neighborhood Enclaves together was prepared for the City by Rancho San Andreas Company in May 1992: FOR DISCUSSION PURPOSES ONLY. These Enclaves, referenced for convenience as Orchard Hills, could be coordinated for multiple Monitor Control Security Entry Systems, Standards of Maintenance and Covenants of Appreciation. The Public Policy and Public Purpose being to appreciate the value of each Citizen's Residential Equity and Capital Investment, Quality of Life and result in the current and long term generation of Public Revenue Resources. The Orchard Hills Enclaves on a twenty-five year extrapolated basis generates $62 Million Public Revenue Resources and over a five year basis $101.4 Million Private Capital Investment. Total Economic Impact is $163.1 Million and direct employment is 4000 Jobs. Therefore, on September 24, 1992 the Council Housing Committee (Councilpersons: Michael Maudsley,Ralph Hernandez, Valerie Pope Ludlum) for the City/Economic Development Agency (City/EDA) unanimously directed the EDA staff to meet and review these template Community Wide Plan(s) of Development and to report back to the committee. On May 18. 1993 the City Planning Commission approved the Sterling Heights SEIR reconfirming the 1/22/86 Sterling Avenue Area Primary/Secondary Access. The Illustrative Primary/Secondary Access and Schematic Landscape/Mitigation Plans therefore were concurrently submitted and reviewed. On May 24, 1993 the City Council approved establishment of an Acquisition Improvement and Maintenance Districts)/Ordinance funding structure process for the Sterling Area Primary/Secondary Access and Landscape implementation. By letter of June 2, 1993 the City Engineering Department requested the participating parties to attend an Implementation meeting relative thereto on June 10, 1993. On May 4, 1993 the San Bernardino Valley Municipal Water District Board of Directors approved a Participation Agreement with the City of San Bernardino to Landscape the south west corner of Foothill Drive and Sterling Avenue. The purpose was to protect Property owned by a Citizen immediately contiguous to the District Distribution Pipeline and Right-of-way. The City would participate in the approximate amount of $10 thousand dollars and the District approximately $25 thousand. The May 24, 1993 City approved Sterling Avenue Area Improvement and Maintenance District(s) being formed by the City/EDA and other Participating Parties would include any Construction Cost shortfall and the long term Maintenance thereof. The Final Participation Agreement was approved and executed by the San Bernardino Valley Municipal Water Department on June 20, 1993 and forwarded to the City. The Sterling Heights and Sterling Avenue Area SEIR Notice of Determination, which included approval, reevaluation, reconfirmation and establishment of the 1/22/86 Dedicated Page 2 of 19 Sterling Avenue Area Primary/Secondary Access with Land scape/Mitigation Plan and Improvement/Maintenance District(s), was filed by Planning with S.B. County and State Office of Planning and Research on June 2, 1993. The effective date was July 3, 1993. This is the Central Parkway Corridor fronting the fallow City/EDA Property for over 2800 feet and within Overall Orchard Hills Enclaves. The City/EDA Property (180 acres), is a City Water Department Managed Asset", and this Primary/Secondary Parkway Access fronting thereon, for 2800 feet will add much in establishing Value to this property. It's present fallow unmaintained condition Depreciates it's own Value and that of the existing and future neighborhood homes. By December 2, 1993 letter EVWD confirmed their new Sterling Avenue Area new 3 Million gallon reservoir site location, facilities access and as ratified by their May and June 1993 Massive Geological exploration and resulting July 10, 1993 Fault Investigation Report. On December 13, 1993 the EVWD Board also approved providing the Water Meter to SBVMWD as part of it's applicable southeast corner Sterling Avenue and Foothill Drive June 20, 1993 landscape/recontouring mitigation plan. Both the EVWD and SBVMWD participation was identified on the 1/22/86 Dedicated Sterling Avenue Primary/Secondary Access Landscape/Mitigation Plans. CHRONOLOGY OF BACKGROUND ACTIONS: 1. .Tune 23, 1971: Under escrow No. 624879AR the City Water Department acquired their Daley Reservoir Site in 1971, and then constructed a 1.25 Million gallon reservoir at elevation 1771 feet. By City Water Department letter of Certification dated June 23, 1971 the Department would build the reservoir underground, landscape the reservoir upon completion of construction and make water available for development of the property (RSA-Secret Hollow Ranch). The letter further certified Quote: "that upon development of the above described property, should relocation of the pipeline to the reservoir be necessary, said pipeline will be replaced at the expense of the City of San Bernardino Water Department upon receipt of the appropriate easement to accommodate the relocation." 2. September 15, 1972: The City of San Bernardino gave an Easement to the San Bernardino County Flood Control on September 15, 1972 reserving City use for compatible recreation purposes. Said easement was recorded May 31, 1974 following the April 15, 1974 recording of the U.S. BLM Deed to the City for the applicable 180 acres. 3. October 4, 1972: The City of San Bernardino Water Department gave a Grant Easement to the East Valley Water District on October 4, 1972 (4 acres ±) for Reservoir/Water Main purpose at Sterling Avenue/Foothill Drive and recorded May 31, 1974 following the April 15, 1974 recording of the U.S. BLM Deed to the City for the 180 acres. 4. October 4, 1972: The City of San Bernardino gave a Grant of Easement to Gilbert Van Camp (Now Sterling Heights) on October 4, 1972 for road purposes North of Sterling Avenue at Foothill Drive. Said easement was recorded May 31, 1974 following the April 15, 1974 recording of the U.S. BLM Deed to the City for the 180 acres. 5. April 15. 1974: By U.S. Bureau of Land Management Deed, under the U.S. Land Consolidation Act, the City received the Deed for the 180 acre Sterling Avenue property recorded April 15, 1974. The property was accented by City Resolution No. 11723 dated Al2ril 4, 1974. The property is considered by the City and City Water Board as an asset of the City Water Department. The Asset Management responsibility of this fallow property has rested with the City Water Department. Page 3 of 19 6. January 8. 1980: The City Water Department concurred in the Sterling Avenue Primary/Secondary Access Dedication by Water Board determination and conditions carried in their January 8, 1980 Minutes. 7. April 7. 1981: The City Planning Commission approved the Sterling Avenue Area Primary/Secondary Access and conditions on April 7, 1981. 8. December 30. 1985: The City Water Department concurred in final Dedication, Recording and Construction of the Sterling Avenue Primary/Secondary Access by letter to the City Engineer dated December 30, 1985 and referenced the Board's previous January 8, 1980 minutes and conditions approving same. 9. January 22, 1986: The present Sterling Heights property was owned by Redlands Federal Bank in 1986. The Dedicated Sterling Avenue Area Primary/Secondary Access with Certified EIR and Addendum was approved by the City for construction under final engineering plans recorded 1/22/86 Official Record No. 86-017624 and with the City required Redlands Federal Bank Letter of Credit (Faithful Performance Bond) that remains in effect. 10. November 7, 1990: Sterling Heights proposed that the existing Dedicated Sterling Avenue/Daley Road be vacated as Public streets and realigned as private street easements under the Planning Commission Tentative Tract approval of November 7, 1990. No Vacation process was submitted to the City or Council for consideration prior to the Planning Commission's approval and Certification of the Sterling Heights SEIR reconfirming the 1/22/86 Dedicated Sterling Avenue Area Primary/Secondary Access on May 18, 1993. 11. January 1991: The City/EDA in joint cooperation with the Water Board structured a JOINT PARTICIPATION BASIS in January 1991 for development of the fallow City 180 acres at Sterling Avenue received from the U.S. BLM on April 15, 1974 (Little Sand Canyon). The principle basis of the Joint Participation being City/EDA advance of Capital funds for processing approval. Upon Disposition, the City/EDA is reimbursed it's advanced capital and the residual shared equally at Parity. The City/EDA retained Associated Engineers, Rancho Cucamonga to prepare a Schematic Plan of Development in early 1991 (Little Sand Canyon approximate 100 lots). For improved Primary/Secondary Access and marketing purposes, the City/EDA acquired an additional 14 acres fronting Foothill Drive on March 15, 1991. This acquisition produced 14 additional lots and was important for penetrating market absorption and enhancement of the overall neighborhood Presence Value. 12. January 28. 1991: By City of San Bernardino letter dated January 28, 1991 Mr. and Mrs. Chrzanowski were requested to dedicated property and execute a landscape easement north of their home to the City. The purpose was for the City and SBVMWD to correct the grading contiguous and protect their home from flooding. This remnant parcel for the District's major water pipeline facility would then be landscaped. The Chrzanowski executed the Easement from the City on March 6, 1991, and the City accepted and recorded same on March 11, 1991. During prior pipeline construction excess dirt had been piled against the Chrzanowski's home which is lower than Foothill Drive. Having no curbs, during the early 1980 floods, water jumped the street flooding their home and pool with mud. To protect themselves they paid the County $1800 for the parcel and obtained a $6100 Disaster Loan to repair their home. With generous purpose the Chrzanowski's requested no remuneration from Page 4 of 19 the City, County or SBVMWD for their $7900 loss. Having requested, accepted and recorded the Chrzanowski's Easement Deed the City coordinated with the SBVMWD for Joint Participation. 13. September 19. 1991: RSA Secret Hollow Ranch was acquired and recorded on September 19, 1991 with the existing 1/22/86 Dedicated Sterling Avenue Area Primary/Secondary Access. Sterling Avenue Engineering Plans were approved for construction by the City, Dedicated, Bonded and Recorded 1/22/86 Official Records No. 86-017624. (The 1/22/86 Sterling Avenue Area Primary/Secondary Access was reconfirmed by the Planning Commission on May 18, 1993). 14. November 1, 1991: The City/EDA (City Water Department Joint Participation) Little Sand Canyon project of 114 lots was released to the Public and Press on November 1, 1992. As part of the project the City/EDA was acquiring IN ESCROW an additional 14 acres fronting Foothill Drive for approximately $360 thousand and the Transaction closed March 15, 1992. RSA assisted the Mayor's Office, City/EDA Consultant and the City Attorney's Office in this matter. A Claim had been filed against the City/EDA by Parties of Interest in the property and was represented by Darlene Fisher Phillips, Esq. of Hill, Farrer &Burrill, Los Angeles. 15 December 10. 1991: Aaron and Warner Hodgdon voluntarily went to Mr. and Mrs. Don Pietrasiewicz home on December 10, 1991 to convey that RSA had purchased 110 acres to the north and was cleaning up the property, City Parkways and SBCT&FCG Access Easement road leading thereto. RSA expressed that it understood their and Councilman Maudsley's desire to have Daley Canyon Road East paved with Emergency Access gate at Bonita Vista Drive. However, on November 7, 1990 Planning had approved a secondary emergency access for Sterling Heights to Sub-Standard Daley Canyon Road North only. The above was ratified by RSA December 30, 1991 letter and Clean-up Photolog to Mr. and Mrs. Pietrasiewicz. RSA also conveyed in the letter that it would review alternate accesses. Subsequent RSA Action: RSA update letter dated March 11, 1993 was delivered to the Pietrasiewicz's while speaking with them at their home on May 17 and 18, 1993. RSA also provided copies to and apprised the Pietrasiewiczs of the applicable Planning Documentation and the Sterling Avenue Area Primary/Secondary Access with Schematic Landscape/Mitigation Plans. These were to be considered by the Planning Commission the evening of May 18, 1993. RSA first received the fully completed Planning Documentation and Schematic Access/Landscape Plans on May 17, 1993. 16. December 19. 1991: The City Planning Staff and the City Environmental Review Committee did an On-Site review of RSA-Secret hollow ranch (Woodland Heights) on December 19, 1991. At that time RSA confirmed to the City representatives that the 1/22/86 Dedicated Sterling Avenue Area Primary/Secondary Access, approved for Construction by the City, Recorded and Bonded lead to and was directly titled to Secret Hollow Ranch. 17. January 7. 1992: By Redlands Federal Bank letter dated January 7, 1992 to Sterling Heights, their Loan Modification Agreement was forwarded and then completed. Said Redlands Federal Bank letter pertained, but not limited to, the establishment of the Street Improvements Assessment District(s), existing September 30, 1985 letter of Credit to the City and the Subordination of the Junior Lien Holders. On May 24, 1993 the City approved and Directed Establishment of the Acquisition Improvement Page 5 of 19 District(s)/Ordinance for Construction of the Sterling Avenue Area Primary/Secondary Access with Landscape (Long Term Bonds). 18. February 11, 1992: RSA/Warner Hodgdon met with the City Attorney on February 11, 1992 regarding the City Approved May 16, 1989 City/Highland Hills Homeowners Association Settlement Agreement, also approved by the Superior Court on July 3, 1989. During the meeting the City Attorney related his knowledge of City un-permitted foothill developments, Massive Grading for House Lots and Apartment Pads. Councilman Maudsley had apprised Warner Hodgdon of this in December 1991 as he lives on Palm Crest Drive directly across from Widmeyer "Patton Hills" and Stubblefield "Mountain Shadows Massive Grading and Infrastructure Construction (roads for curbs, gutters, infrastructure house lots and apartment pads, Small Canyon and other Streambed Drains, Pipelines, Reservoirs). Warner Hodgdon already knew of this prior to the City Attorney's February 11, 1992 acknowledgment. Concurrently, Warner Hodgdon reiterated to the City Attorney that RSA-Highland Hills had met and cooperated with the DFG in April-June 1988, and June 15, 1990 and the CDF-FP in September 1989-May 1990. Pursuant to the March 16, 1988 City Directives and Notices to Clean Premises, RSA-Highland Hills cleaned-up and maintained the property previously ignored. by the former owners. Further, it was clarified to the City Attorney that Warner Hodgdon/RSA had done no such Massive Grading of infrastructure Construction Activity for Roads, Curbs, Gutters, House Lots and Apartment Pads. 19. February 13, 1992: RSA reiterated to City Planning on February 13, 1992 that the Dedicated, Recorded and Bonded 1/22/86 Sterling Avenue Area Primary/Secondary Public Road Access to Secret Hollow Ranch remained in effect. RSA conveyed it did not concur in the proposed vacation of Dedicated ,'Sterling Avenue and Daley Road Dedicated Public Roads for the proposed alternate realignment as private street easements under the Planning Commission Sterling Heights Tentative Tract action of November 7, 1990. (No vacation process had been submitted by Sterling Heights to Planning, the City or Council for consideration prior to the Planning Commissions reconfirmation of the Dedicated 1/22/86 Sterling Avenue Area Primary/Secondary access on May 18, 1993). 20. .Tune 3. 1992: RSA presented to Planning on June 3, 1992 the Illustrative Plans depicting the 1/22/86 Dedicated Sterling Avenue Area Primary/Secondary Access with north connecting provision for Secret Hollow Ranch Primary/Secondary Access. The City mentioned and RSA addressed that the existing Sycamores had been burned over and there were stump saplings remaining. Irrespective by June 11, 1992 letter to planning, RSA would provide larger Sycamore Trees and in number to more than mitigate this added issue to the previously approved construction. City Planning, Engineering, and Fire preferred this existing plan which incorporated the Sterling Avenue Area Primary/Secondary Access Dedicated, Recorded and Bonded 1/22/86 Official Record No. 86-017624. Al Boughey, Director of Planning could not attend the meeting as scheduled because of Legal Depositions. 21. On .Tune 16. 1992: Because Planning Director Al Boughey had Legal Depositions on June 3, 1992 another meeting of parallel review was held for him on June 16, 1992. The following was discussed and reviewed: (1) RSA Report titled "Woodland Heights (Secret Hollow Ranch) Primary and Secondary Road Access update March 4, 1992", (2) RSA letter dated March 31, 1992 to Mr. Mike Finn, Associate Planner, and (3) RSA Report dated May 5, 1992 Titled Orchard Hills Enclaves, Plan of Finance and Covenants of Appreciation - Monitor Control Security System Entrances and Street Landscape Page 6 of 19 Standards of Maintenance" and (4) RSA letter to Mike Finn dated June 11, 1992 RE: Preferred Access and Sycamore Trees. 22. By .Tune 30. 1992: with the approval and request of the Sterling Heights owners, by June 30, 1992 RSA had maintained the North Flash Fuels and existing unpaved access along east Sterling Heights property to Foothill Drive. Other than within the 1/22/86 Dedicated Sterling Avenue Public Access right-of-way RSA did not maintain the prior June 1992 result of the easterly contiguous EVWD heavy equipment Geological Exploration (1100 lineal feet of Trench 10 feet deep with back-fill). The City Water Department authorized this EVWD Geological Exploration to locate a new 3 Million Gallon Reservoir, access and main facilities. There was a major Wildfire on the un-maintained City/Water Department property (190 acres) on June 30, 1993 and the RSA maintained Dedicated Sterling Avenue existing access was an important benefit in fighting the fire and protecting the contiguous homes. There were eight wildfires on the City/Water Department and Sterling Heights un-maintained property in the summer of 1992. This resulted in $250 thousand of cost to Public Fire Agencies, USFS, CDF-FP, City and County Fire Departments (Helicopters, Air Tankers, Hand and Equipment Crews). 23. On July6, 1992: At the July 6, 1992 Council Meeting the City Attorney acknowledged his June 19, 1992 letter delivered on June 29, 1992 to the Grand Jury RE: (1) City unauthorized change orders, (2) Graders grading for Roads, Curb, Gutters, and even Infrastructure for House Lots and Apartment Pads without City permits, (Only Warner Hodgdon/RSA was mentioned in the July 6, 1992 Council meeting, Secret Hollow Ranch and Highland Hills) and (3) Management Audits of the City Attorney's and Mayor's Office. Warner Hodgdon/RSA was not present and knew nothing of the City Attorney's letter or remarks. However, on February 11, 1992 the City Attorney had informed Warner Hodgdon of such Massive Grading and Infrastructure Construction activity for House Lots and Apartment Pads (Widmeyer "Patton Hills" and Stubblefield "Mountain Shadows"). At that time RSA conveyed to the City Attorney that RSA had done no such House Lots, Apartment Pads and Infrastructure Construction on Secret Hollow Ranch or Highland Hills. Living on Palm Crest Drive, Councilman Maudsley had also informed Warner Hodgdon of the Widmeyer/Stubblefield Massive Grading and Infrastructure Construction in December 1991 and again in February 1992. Perspective: Because of Politicization the Grand Jury denied to investigate the City Attorney's June 19, 1992 Complaint by letter to the City Attorney dated September 7, 1992. The Grand Jury did offer to assist in recommending the Professional Firm to do the Management Audit of the Mayor and City Attorney's Office. The City Attorney did not accept the Grand Jury's offer for Management Audit assistance. 24. July 17. 1992: The Planning Director wrote an interoffice Memorandum to the City Attorney on July 17, 1992 regarding alleged removal of Sycamore Trees in the 1/22/86 Dedicated Sterling Avenue Public Road Right-of-Way. The Director also mentioned "Killing the Project" of Sterling Heights. These were the same Burned Sycamore Trees Warner Hodgdon had just discussed and documented with Planning and the Director on June 2, 1992 and June 16, 1992. Page 7 of 19 The Director concurrently wrote on July 17, 1992 an Interoffice Memorandum regarding the urgency for City Planning to retain expert City Consolation Tom Dodson to prepare an Initial Environmental Study and Negative Declaration for the City Attorney's recommended Stubblefield west Rt. 330 Borrow Site and Grading Plan. The scheme included Stubblefield's single source and forced sale of 400/500 thousand cubic yards ($3 to $5 per cy) for Rt. 330 Fill Material ($2.5 Million) to Caltrans/Contractor. In truth, 80 underlying Mobil Home Lots. Perspective: There was never any Stubblefield Rt. 330 Fill Material required by Caltrans/Contractor and all Fill Material had been acquired in April 1992, three months before the Planning Directors July 17, 1992 Interoffice Request. Never-the-lees Expert City Consultant Tom Dodson was retained, and on September 11, 1992 completed the Draft IES-ND for Stubblefield east Rt. 330 Borrow Site, 80 Mobil Home Lots, to be processed under the 1987 City General Plan. Stubblefield's "Mountain Shadows" Attorney is also "Sterling Heights" Attorney in addition to representing other claims against contiguous City/EDA Development. Unfortunately these related Stubblefield actions are contiguous to RSA-Secret Hollow Ranch and Highland Hills Ranch. This was confirmed by Sterling Heights/Stubblefield Attorney's May 17, 1993 letter to the Planning Commission addressing City "Hypocrisy" because Sworn Testimony regarding the November 7, 1990 handling of Sterling Heights by Planning/City Attorney was used in the January 28, 1991 Stubblefield Trial Against the City. On April 2, 1992 Stubblefield was awarded $11.537 Million Damages against the City, the City Attorney's Office handled the Case which is now on appeal. 25. July 20. 1992: The City Council meeting of July 20, 1992 included on Agenda Item 49, response to Mr. Penman's allegations made at the Council Meeting of July 6, 1992 and Warner Hodgdon/RSA Secret Hollow Ranch and Highland Hills Ranch was mentioned. Mr. Penman did not appear to officiate for Item 49 and there was no Quorum, however, Mayor Holcomb spoke under "No Privilege" advised by Denise Barlow, Senior Deputy City Attorney. Warner Hodgdon's name was again used in the lengthy oratory, but could not speak at a Moot meeting. However, Warner Hodgdon sat in the audience with Joe Arias, Esq., outside Counsel for the City/City Attorney, and discussed the spectacle of calling the City Attorney a liar. 26. August 3. 1992: During the City Council's August 3, 1993 Public Comment period Warner Hodgdon read his Statement into the Official City Record denying Grading for Roads, Curbs and Gutters, other Infrastructure Construction and even for House and Apartment pads on RSA-Secret Hollow Ranch and Highland Hills Ranch. In addition, Warner Hodgdon's August 3, 1992 letter with attachments to the Mayor and Common Council refuted the City Attorney's allegations and said letter further clarified that the City Attorney's mi s-representations were the result of Stubblefield being awarded $11.537 Million Against the City on April 2, 1993 RE: Violations of Rights to build 492± Apartments on Mountain Shadows. 27. August 23, 1992: The City/EDA mailed out Letters of Interest on August 25, 1993 to Qualified Engineers as to the up-coming Design of Little Sand Canyon. Following response the City/EDA would request formal Design Proposals. 28. July 10. 1992: The Fault Investigation Report and site location for the EVWD 3 to 6 Million gallon Reservoir and Main Facilities along and east of Dedicated Sterling Avenue was completed by Converse Consultants Inland Empire on July 10, 1992. Page 8 of 19 29. September 23. 1992: Request for Proposal for the Design of the Little Sand Canyon Project No. EDA/92-02/0393Q were mailed to various Engineering Firms by the City/EDA on September 23, 1992. The proposals were due and received by the City/EDA on or before October 19, 1992. (The Sterling Avenue Area Primary/Secondary access was reconfirmed by planning on May 18, 1993 and establishment of the Acquisition Improvement/Maintenance District(s)/Ordinance therefore was approved by the City Council on May 24, 1993. 30. September 23, 1992: The City of San Bernardino Water Department letter of September 23, 1992 addressed the Secret Hollow Ranch, Sterling Heights and Little Sand Canyon Development area and confirmed; (1) that Dedicated Sterling Avenue is the preferred access and route for the EVWD new 24" Main facilities and Reservoir (3 to 6 Million gallon) (2) the existing EVWD reservoir at Sterling Avenue/Foothill Drive would be removed (3) estimated cost to furnish and install the RSA Secret Hollow Ranch required 1770 elevation boosting station, off-site pipelines and Reservoir at elevation 1990' was estimated to be $625 thousand including contingencies and, (4) Dedicated Sterling Avenue is the preferred access and route for new City Water Department 16" Main Facilities. 31. September 24, 1992: The City EDA Housing Committee (Councilpersons: Michael Maudsley, Ralph Hernandez, Valerie Pope Ludlum) meet on September 24, 1992. From prior direction of the City Council RSA presented an Overview of the Orchard Hills Enclaves (Sterling Avenue Area) and Highland Hills. The basis of the presentation being Public Purpose and Public Policy to appreciate community residential values and to Generate Public Revenue Resources. Therefore, RSA brought to the attention of the City/EDA Housing Committee that the Draft Projected Public Revenues(s) Generation Model for Orchard Hills Enclaves and Forest Creek Country Club and Resort area (Highland Hills) on a five year Capital Investment and a twenty-five year Generated Public Revenue Basis. Orchard Hills Enclaves extrapolated to approximately $62 Million and $152 Million respectively totaling $214 Million. The FCCC&R Highland Hills$101.4 Million and $224.4 Million respectively totaling $325.8 Million. The combined total ECONOMIC IMPACT is $540.9 Million and the direct employment is 10,700 jobs. The City/EDA Committee unanimously directed the EDA staff to meet with RSA regarding these community wide Plan(s) of Development and report back to the Committee. Perspective: Starting January 1991 the City/EDA has been implementing the Little Sand Canyon Plan of Development on fallow City Property (180 acres) located along the 1/22/86 Dedicated Sterling Avenue Area. RSA and Participating Property owners have continued to coordinate and cooperate with the City/EDA and recognized City Water Department Managed Asset. On May 24, 1993 the Council approved the Establishment of the Sterling Avenue Area Primary/Secondary Access and Landscape Improvements District(s)/Ordinance Funding Structure(s). This is the Central Parkway Corridor for the City/EDA property and the Overall Orchard Hills Enclaves. 32. September 30, 1992: At the request of the City; Sterling Heights, City/EDA and Secret Hollow Ranch met with the City/EDA on September 30, 1992 regarding the forthcoming November 7, 1992 Sterling Heights Tentative Tract extension of time request and the 1/22/86 Dedicated sterling Avenue Area Primary/Secondary access. In representing the Page 9 of 19 City/EDA Mayor Holcomb addressed the existing September 30, 1985 Letter of credit (Good faith Performance Bond) by Redlands Federal Bank covering the Dedicated Sterling Avenue road improvements. It was then agreed in principle that an alternate Acquisition Improvement Districts)/Ordinance would be established by the City/EDA for the Sterling Avenue Area Primary/Secondary Access and Landscape/Mitigation Construction. This would include a separate Maintenance/Assessment District Structure. Improvement Cost sharing (Sterling Heights, City/EDA Little Sand Canyon, and Secret Hollow Ranch) consideration would be on the basis of 1/3 each, after beneficial allocation of cost to EVWD for their required 3 to 6 million gallon Reservoir site at elevation 1530 feet and Main Facilities access along Dedicated Sterling Avenue. 33. October 1. 1992: By City Engineering Department letter of October 1, 1992, Redlands Federal Bank, was requested to proceed with the Sterling Avenue road improvements or remit to the City the amount of funding under their September 30, 1985 letter of Credit (Good faith Performance Bond). This letter from City Engineering was forwarded at the direction of the Mayor/Chairman of the City/EDA. 34. October 7. 1992: By City Engineering Department letter of October 7, 1992 to Redlands Federal Bank, the City's letter of October 1, 1992 requesting the funds encumbered under the September 30., 1985 Letter of Credit for installing the Public Improvements was re- addressed. Quote: Other methods for accomplishing the construction of these Public Improvements are being pursued. Therefore, please place our request for the public improvements to be installed on hold until these other methods can be evaluated." This letter from City Engineering was forwarded at the direction of the Mayor/Chairman of the City/EDA. 35. November 9. 1992: By City of San Bernardino Water Department Interoffice Memorandum dated November 9, 1992 to City Fire Prevention, the adequate Water System and basic Fire Requirements applicable thereto for Secret Hollow Ranch proposed Development were ratified: Fire flow requirements, storage, boasting station, transmission main standards (16" Sterling Avenue) and Residential Fire Sprinklers per joint meeting of October 16, 1992. (See applicable Water Zones, Mains and Reservoir Map of the Daley/Del Rosa System, including EVWD, prepared by the City Water Department). 36. December 8. 1992: By Planning Interoffice Memorandum dated December 8, 1992 a Background of the November 7,1990 Sterling Heights Tentative Tract was written for the pending ERC/DRC review on December 10, 1992. The 1/22/86 Dedicated Sterling Avenue Area and Small Sycamore Area therein was the principle purpose. After staff re- evaluation the following was determined: "...the EIR provided no supporting information to affirm that it is a sensitive biological or habitat-supporting resource. the fact that the present design o Tentative Tract No. 14112 does not directly affect this area may have provided the EIR consultants the opportunity to overstate the importance of the sycamores, in order to demonstrate that the tract is designed in an environmentally responsible manner. The elaborate discussion of the trees may have also served to provide a compelling argument against incurring the cost of improving the Sterling Avenue extension to full collector standards--a street that would provide little benefit to Sterling Heights in return." Page 10 of 19 37. December 9. 1992: Planning Director Al Boughey recommended retaining Tom Dodson & Associates to prepare a Sterling Heights Tentative Tract Final Report and subsequent Supplemental Environmental Impact Report (SEIR) regarding Sterling Heights with DFG request and reconfirmation of the 1/22/86 Dedicated Sterling Avenue Area Primary/Secondary Access. This was supported by Planning Staff Memorandum dated December 8 1992 regarding_the prior November 7 1990 Planning_Approval process. opposed Public Road Vacations and current actions. At the December 9, 1992 joint meeting, City Attorney Penman, Deputy Attorney Empeno, Sterling Heights, City/EDA and RSA Secret Hollow Ranch concurred in the City Planning Department retaining Mr. Dodson and to reimburse the cost thereof 1/3 each through the contemplated City/EDA Improvement District(s)/Ordinance Structure. Mr. Penman and Mr. Empeno also supported the merit for their office, City Staff, the Department of Fish and Game (DFG) and property owners to meet on-site at the earliest date to review any DFG request as part of the construction for the 1/22/86 Dedicated Sterling Avenue Public Road improvements. (A meeting was scheduled for January 20, 1993, however because of the City/DFG late time schedule, personal colds and damp weather, there was reluctance by the DFG/City/DAG to do the on-site review for clarification.) 38. December 18. 1992: The City Engineer requested a meeting with Planning, City/EDA and other participating parties on December 18, 1992. The purpose being to reconfirm the City/EDA Establishment of the Improvement Distiict(S))/Ordinance Implementation and to initiate the Department of Fish and Game 1601-1603 Process, including U.S. Corps. Nationwide Permit for the Sterling Avenue Area Primary/Secondary Access. Based on Planning staffs recommendation, the majority consensus was not to initiate meeting with DFG issues until after the forthcoming ERC/DRC review of the Sterling Heights/Sterling Avenue Area Primary/Secondary Access Supplemental EIR. The Final Report and Supplemental EIR preparation and process would include, the City Planning Consultant, Tom Dodson & Associates, unilaterally meeting with and incorporating the DFG related request, but after reporting back: to the Participating Property Owners, Mr. Henry Empeno,Deputy City Attorney and Planning. 39. January 6. 1993: By City of San Bernardino Water Department letter to the USFS Lands Officer dated January 6, 1993, City Water Department permission for Ingress and Egress over a small portion of USFS IN26 City access road was confirmed. Said IN26 Water Department access, also through Secret Hollow Ranch, by easement to the USFS, is to the new City Water Department Reservoir site at elevation 1991±. 40. January 22, 1993: The Sterling Heights Final Report was submitted to Planning by Tom Dodson & Associates on January 22, 1993 reconfirming the 1/22/86 Dedicated Sterling Avenue Area Primary/Secondary Access and recommending a Supplemental EIR incorporating same into the November 7, 1990 EIR for Sterling Heights. (The Supplemental EIR was submitted to and approved by the ERC/DRC on April 15, 1993). 41. February 2. 1993: By Water Board Minutes dated February 2, 1993 the City Water Board again reconfirmed their long standing support and need of the Sterling Avenue Primary/Secondary Access. As before, and beginning with their January 8, 1980 minutes, the Water Board clarified that the Water Department would not participate in the Overall Primary Road Improvement Cost. Page 11 of 19 The 1/22/86 Dedicated Sterling Avenue entire length of 2800 feet fronts the contiguous City non-productive 180 acres received from the BLM on April 15, 1974. The 180 acres is considered to be a Water Department MANAGED ASSET and the Dedicated Sterling Avenue Primary/Secondary Access and Landscape Improvements will greatly increase the City/Water Department Property Value. 42. March 8, 1993: At the request of SBCT&FCG, RSA met on March 8, 1993 regarding 100 thousand cubic yards of surplus material in the Daley Basin, that required moving on an EMERGENCY BASIS. At that meeting SBCT&FCG confirmed their preference of Dedicated Sterling Avenue as the direct Public Road Access to their Daley Basin for Emergency/Maintenance. In Joint Cooperation, RSA consideration of accepting surplus material on Secret Hollow Ranch and SBCT&FCG considering a permit for Secret Hollow Ranch secondary access along east side of the Daley Basin was discussed for review. 43. March 16. 1993: The City/EDA retained Richard Pope &Associates on March 16, 1993 to prepare the 1/22/86 Dedicated Sterling .Avenue Area Primary/Secondary Access Schematic Landscape/Mitigation Plans, Preliminary Cost Estimates and Arborist Report on the existing Sycamore area in the Public Road Right-of-Way. 44. April 15, 1993: The City ERC/DRC approved the Sterling Heights Supplemental EIR with DFG request and reconfirmed the 1/22/86 Sterling Avenue Area Primary/Secondary Access on April 15, 1993. 45. April 21, 1993: At the request of the City Engineering Department the San Bernardino Country Transportation and Flood Control Group responded by it's letter of April 21, 1993 in favor of the 1/22/86 Dedicated Sterling Avenue. The SBCT&FCG letter outlined several reasons their favoring, including, but. not limited to, access to the Daley Basin over collector streets (Sterling Avenue), not disrupting area residence, non-residential access decrease in accidents and Quote: "the District has been unable to dispose of debris off-site and we are running out of room to stockpile it on-site". These were the SBCT&FCG previous valid reasons for the Dedicated Sterling Avenue Area Primary/Secondary Access recorded and Bonded 1/22/86. As part of the added SBCT&FCG consideration to issue a Permit for the Del Rosa Channel Secondary/Emergency Access and hard surface pavement thereof to Bonita Vista Drive, the then owner, Redlands Federal Bank deeded fee title to the applicable SBCT&FCG 80' easement. The deed was accepted by SBCT&FCG under County resolution No. 78-95 and recorded concurrently on January 22, 1986. 46. On May 4. 1993: the San Bernardino Valley Municipal Water District Board of Directors approved a PARTICIPATION AGREEMENT with the City of San Bernardino to Landscape the south west corner of Foothill Drive and Sterling Avenue. The purpose was to protect Property owned by a Citizen immediately contiguous to the District Distribution Pipeline and Right-of-way. The City would participate in the approximate amount of $10 thousand dollars and the District approximately $25 thousand. The Sterling Avenue Area Improvement and Maintenance District(s) being formed by the City/EDA and other participating Parties would include any Construction Cost shortfall and long term maintenance thereof. The Final Participation Agreement is being prepared. 47. May 10, 1993: By City Fire Protection Memorandum dated May 10, 1993 at the request of the Planning Department, City Fire Marshall, Guy Burdick recommended the retention of the 1/22/86 Dedicated Sterling Avenue. Per the Fire Memorandum, Quote: "Our experience has shown that small and winding residential street like those proposed Page 12 of 19 for the Sterling Tract (No. 14112) are highly restrictive and can be very congested in emergencies." 48. May 18. 1993: City Planning Certified the Sterling Heights Supplemental EIR with DFG request and reconfirmation of the 1/22/86 Dedicated Sterling Avenue Area Primary/Secondary Access with the May 5, 1993 Landscape/Mitigation Plan for the applicable Improvement/Maintenance District on May 18, 1993. Perspective: Stubblefield's Attorney is also Sterling Heights Attorney and other developments are unfortunately contiguous to RSA-Secret Hollow Ranch and Highland Hills Ranch. This was confirmed by Sterling Heights/Stubblefield Attorney's May 17, 1993 letter to the Planning Commission addressing City "Hypocrisy" because Sworn Testimony regarding the November 7, 1990 handling of Sterling Heights by the Planning/City Attorney was used in the January 28, 1991 Stubblefield Trial Against the City. On April 2, 1992 Stubblefield was awarded$11.537 Million Damages against the City, the City Attorney's Office handled the Case and is now on appeal. 49. May 24. 1993: City Council approved establishment of the Sterling Avenue Area Primary/Secondary Access Acquisition Improvement and Maintenance District(s)/Ordinance process on May 24, 1993. 50. ,Tune 2. 1993: The City Planning Department filed the Sterling Heights SEIR Notice of Determination with S.B. County and State Office of Planning and Research on June 2, 1993. The thirty day effective period is July 3, 1993. IMPLEMENTATION: 51. .Tune 10. 1993: By the June 2, 1993 letter request of the City Engineer, the City, County and participating parties (City/EDA, Sterling Heights, Secret Hollow Ranch) met on June 10, 1993 to initiate formation of the Acquisition Improvement and Maintenance District(s). An alternate secondary access alignment and automatic exit gate only on the east side of the Del Rosa Channel to Bonita Vista Drive rather than the west side was discussed. SBCT&FCG, City Engineering and Fire felt this alternate alignment appropriate for consideration as it alleviated any conflict with the existing multiple use access along the west channel. The other alternate re-approved by Planning on May 18, 1993 was the November 7, 1990 approved secondary access with automatic exit gate only being at north Daley Canyon Road. In either of the alternatives, SBCT&FCG felt that the secondary emergency access could be approved by the issuance of a permit. For the purpose of the long term Improvement District/Ordinance Bond funding the City Engineer suggested consideration of a SBCT&FCG Permit/Common Use Agreement. 52. .Tune 10. 1993: At the June 10, 1993 City Implementation meeting for the Sterling Avenue Area Primary/Secondary Access Acquisition Improvement and Maintenance District(s)/Ordinance Funding Structure, City Water Department representative, Ms. Cheryl Flowers, Assistant General Manager reconfirmed the City Water Department Policy determination that it would not be participating in the Primary/Secondary Access Improvement Cost. This policy was previously carried in the January 8, 1980 Water Board Minutes, December 30, 1985 Water Department Letter to the City Engineer referencing the January 8, 1980 minutes and February 2, 1993 Water Board Minutes. Page 13 of 19 Background: As historically, beginning January 8, 1980, and reconfirmed by the Water Board February 2 1993 meeting and minutes, the City Water Department continues to support the Sterling Avenue Area Primary/Secondary Access. This Central Parkway Corridor extension would add substantial value to the City non-productive 180 acres which is under the City Water Department responsibility as a Managed Asset. The 1/22/86 Dedicated Sterling Avenue fronts the fallow 180 acre City/Water Department Little Sand Canyon fallow land approximately 2800 feet. During the 1992 fire season, from June 30, 1992 through September 1992, there were eight Wildfires on the City/Water Department un-maintained property or un-maintained property contiguous thereto. Hundreds of trees were burned out and the cost to the City, State, USFS Fire fighters was projected to be $250 thousand. In order to initiate the productive use of this fallow property, the Water Board entered into a JOINT PARTICIPATION BASIS with the City/EDA in January 1991. Under the January 1991 City/EDA/Water Department Joint Participation Agreement the City/EDA advances all Little Sand Canyon implementation costs. Upon completing processing, approval and Disposition the City/EDA Costs would be reimbursed it's capital cost and outlay with the residual balance jointly shared at parity. The Sterling Avenue Area Primary/Secondary Access Acquisition Improvement District(s)/Ordinance Bond proceeds are contemplated to include three years capitalized interest. Therefore, under this scenario any semi-annual City/EDA one third (1/3) amortization thereof is unlikely over and/or beyond this three year period. The City/EDA has been implementing this project for approximately 2.5 years and Disposition would more than likely be contemplated prior to the:initial Bond issuance three year period. 53. Tune 10, 1993: RSA assisted only in coordinating with Richard Pope & Associates and the City/EDA in the preparation of the Sterling Avenue Area Primary/Secondary Access Improvements and Maintenance District(s) Schematic/Mitigation Plan(s) dated May 5, 1993 and identified For Discussion Purposes, Only: Sterling Heights, City/EDA, Secret Hollow Ranch, SBCT&FCG and others. At the June 10, 1993 meeting RSA volunteered to meet with the various lead Departments (Engineering,Fire, Planning, Water Department, Special and Bond Council, Underwriters, SBCT&FCG, Richard Pope & Associates) in order to prepare a Draft All- Inclusive Tentative Action Schedule for Discussion Purposes Only with the participating parties. 54. .Tune 21. 1993: The three Council members to serve on the City Economic Development Standing Committee were confirmed on June 21, 1993. (Councilpersons: Edward Negrete, Ralph Hernandez and Valerie Pope Ludlum). On-going implementation of the City/EDA/Water Department joint participation agreement for Little Sand Canyon proceeds through the Council Standards Committee and ultimate approval of the EDA (Community Development Commission). 55. .Tune 29. 1993: From the June 10, 1993 City Engineers Implementation meeting RSA met with City Fire Marshall Guy Burdick and Fire Inspector Paul Allaire on June 29, 1993 to specific the Secondary Access Automatic Gate(s) locations and required mechanism (Automatic Exits with manual release and Back-side entry by Knox Key Lock for Fire Department Only) including provisions for the separate SBCT&FCG Lock Access where applicable. Page 14 of 19 Other alternate Non-Automatic and SBCT&FCG only Emergency Access gate(s) to serve the existing 100 homes west of Daley Canyon Road East will operate by Fire Department Knox Key Lock entry only. The SBCT&FCG Maintenance/Emergency gates for Daley Basin access will be provided with both separate Fire Department Knox Key Lock access and SBCT&FCG lock access. 56. .tune 30. 1993: RSA met again with SBCT&FCG on June 30, 1993. This was a follow up to the March 8, 1993 meeting with the SBCT&FCG regarding 100,000 cubic yards of Daley Basin surplus material requiring removal on an emergency basis, Sterling Avenue Primary Access to the Basin and secondary emergency access along the east Basin to the Del Rosa Channel/Daley Road east/west. As delineated on the May 5, 1993 Schematic Primary/Secondary Plans the north portion of the overall Del Rosa Channel (Daley Road east/west) emergency access extension extrapolates north easterly to and along the Daley Basin and intersects with the Sterling Avenue extension at Secret Hollow Ranch. The Sterling Avenue and extension thereof also acts as the Primary Access to the SBCT&FCG and the secondary emergency access for the 100 existing homes west of Daley Canyon Road east. Therefore, the existing sub-standard Dedicated east/west Daley Canyon Road secondary emergency access and/or North/South Channel Road Permit/Common Use Agreement with SBCT&FCG would include beginning from the Bonita Vista Drive Dedicated Street, north along this overall Del Rosa Channel connecting alignment. This effectively links the City/EDA Little Sand Canyon, Sterling Heights, Secret Hollow Ranch and 100 existing homes to the west with Primary/Secondary Emergency Access compliance. SBCT&FCG contemplated they would complete their review by approximately July 30, 1993. 57. .Tune 30. 1993: RSA met with Richard Pope: & Associates on June 30, 1993 regarding preparation of additional updated pages 4 and 5 to the May 5, 1993 Schematic Plans (Pages 1 to 3) to delineate the overall Secondary and Emergency Gate(s) locations and systems specified by the Fire Marshall and Fire Inspector. This will also include the alternate(s) East Del Rosa Channel Secondary Access with Automatic Emergency Exit Gate(s) and Non-Automatic emergency/maintenance Gate(s) per Fire Marshall, Fire Inspector and SBCT&FCG compliance. The alternate Schematic Plan(s) are For Discussion Purposes Only and with consideration of all participating parties. EFFECTIVE DATE FOR 1/22/86 DEDICATED STERLING AVENUE AREA PRIMARY/SECONDARY ACCESS: 58. July 3. 1993: The Sterling Heights Supplemental SEIR Notice of Determination which included reconfirmation of the 1/22/86 Dedicated Sterling Avenue Area Primary/Secondary Access was filed by City Planning with S.B. County and the State Office of Planning and Research on June 2, 1993. The effective date was July 3, 1993. 59. July 13. 1993: (Projection) Meet with the City and Participating Parties and distribute by July 13, 1993 The Sterling Area Primary/Secondary Access and Schematic Landscape/Mitigation Plans by Richard Pope & Associates dated May 5, 1993. The Illustrative Parcels were presented at the June 10, 1993 City Formation meeting. RSA will continue to coordinate with Mr. Pope to complete and provide the updated Schematic Plans, pages 4 and 5, incorporating the Overall Secondary and Emergency gate(s) location and systems specified by the Fire Marshall and Fire Inspector. The updated plan will include the Alternate East Del Rosa Channel Secondary Access with Page 15 of 19 Automatic Emergency Exit Gate(s) and Non-.Automatic Emergency/Maintenance gate(s) locations where applicable. When the updated Schematic/Alternate plan is available, RSA will immediately provide a personal copy to Mrs. Penny Pietrasiewicz and all participating parties for review. Preliminary Improvement Cost: Copies of the May 7, 1993 Arborist Report, covering the burned and charred Sycamores (15 trees) by the 1989 Wildfire and located in the 1/22/86 Dedicated Sterling Avenue Public Road Right-of-Way will be presented and provided. To also be provided will be the Schematic Landscape/Mitigation Plan preliminary cost estimates by Richard Pope & Associates. The Primary/Secondary access road(s) Preliminary Improvement Cost estimates have been prepared by McKeever Engineering. For comparative purposes the Preliminary Improvement Engineering Cost estimates also include the November 7, 1990 Sterling Heights Proposed realignment of the 1/22/86 Dedicated Sterling Avenue Primary/Secondary Access. The Proposed November 7, 1992 Primary/Secondary realignment from Public Roads to Private Easements, included landscape enhancement of the proposed Sterling Avenue Area vacated with landscaped "Open Space". Proposed Actions: The Primary/Secondary Access Road(s) estimated cost include provisions for updating the previously approved 1/22/86 Engineering 121ans and required Districts)/Ordinance Assessment Engineering. Provisions for the :final Central Parkway Corridor (Dedicated Sterling Avenue) and Secondary Access Landscape/Mitigation Plans are within the Preliminary Improvement Cost estimates by Richard Pope &Associates. The initiation of these professional services should proceed at this time as part of formulating the Improvement District(s)/Ordinance and Construction implementation process. Therefore, this Capital Funding and other Interim Funding for requirements referenced below under a. and b. should be requested for authorization by the City/EDA, as contemplated, with the reimbursement source being through the Improvement District(s)/Ordinance Bond(s) proceeds. a. On May 4, 1993 the San Bernardino Valley Municipal Water District Board of Directors approved a PARTICIPATION AGREEMENT with the City of San Bernardino to Landscape the south east corner of Foothill Drive and Sterling Avenue. The principle purpose was to protect Property owned by a Citizen immediately contiguous to the District Distribution Pipeline and Right-of-way. Through the City/EDA Improvement Bond Program for such purpose, the City would participate in the approximate amount of $10 thousand dollars and the District approximately$25 thousand. The Sterling Avenue Area Improvement and Maintenance District(s) being formed by the City/EDA and other participating Parties would include any Construction Cost shortfall and long term maintenance thereof. The Final Participation Agreement is being prepared. b. The Sterling Avenue Area Primary/Secondary Access, including provision for the Bonita Vista Drive emergency Access gate was Dedicated and Recorded 1/22/86. As part of the consideration to permit Secondary Access the SBCT&FCG gained the Sterling Avenue Primary Access to their Daley Basin and fee title was accepted by SBCT&FCG from Redlands Federal Bank Deed recorded January 22, 1986 covering the Del Rosa Channel 80 foot easement. Page 16 of 19 C. Qualifications for the City/EDA acquisition procedure of the Foothill Drive/Sterling Avenue Residence for improved Public Road Right-of-Way alignment should be authorized concurrently with the required professional services, and possible SBCT&FCG secondary access Permit/Common Use Agreement fee title over any applicable remaining east/west Del Rosa Channel easement to Bonita Vista Drive. d. The Planning Commission's and staff May 18, 1993 approvals applicable to the secondary access sustained that approved November 7, 1990 to existing Daley Canyon Road North as an Alternate. The alternate is acceptable to the Fire Marshall as part of the Sterling Avenue Area overall Primary/Secondary Access, subject to approval of final plans and Emergency Access Systems (Automatic exist,know Locks Key, SBCT&FCG) SPECIAL AND BOND COUNSEL - UNDE:RWRITERS: 60. July 15. 1993: (Projection) Meet on/or before July 15, 1993 with City/EDA Special and Bond Counsel Tim Sabo, Esq. and City/EDA 'Underwriters Miller & Schroeder Financial, as to establishment of the Acquisition Improvement and Maintenance District(s)Ordinance. This would include the formulation of a Funding Structure for an Interim City/EDA Capital Improvement and Acquisition Loan in the range of $1.5 Million. The source of repayment being from the Sterling Avenue Area Primary/Secondary Access and Landscape/Mitigation Improvement District/Ordinance Long Term Bond Proceeds. This Interim Funding Structure approach would allow expediting the most beneficial construction cost implementation and immediate employment (Jobs). The Central Parkway Corridor Primary/Secondary access provides immediate long term Presence Value to a blighted area. Upon review, it is contemplated that the City/EDA Housing Committee will direct City/EDA Special and Bond Counsel and Underwriters to prepare the Draft Documentation and Operating Memorandum therefore, outlining the Tentative Action Schedule for the City/EDA Interim Capital Acquisition and Improvement Loan and Long Term Improvement District(s)/Ordinance Bond Funding Structure(s), including, but not limited to, underwriters commitment criteria. 61. July 20, 1993: (Projection) Meet with Planning, Fire and SBCT&FCG on or before July 20, 1993 to review the Richard Pope & Associates Updated Alternate Schematic Plan(s) pages 4 and 5 delineating the Overall and Alternate Primary/Secondary and Emergency/Maintenance Gate(s) location(s), System(s) specified by the Fire Marshall and SBCT&FCG. 62. July 30. 1993: (Projection) The City Engineering Department/City Consultant and Participating Parties shall consider initiating a meeting on or before August 1, 1993 with the Department of Fish and Game to perfect the 1601-1603 Notification Process and Agreement covering the 1/22/86 Dedicated Sterling Avenue Area Primary/Secondary Access construction. Said DFG request are incorporated in the Sterling Heights SEIR and Certified by the Planning Commission May 18, 1993. The effective date being July 3, 1989 for the Sterling Heights SEIR with DFG requests and reconfirmation of the 1/22/86 Sterling Avenue Area Primary/Secondary Access. 63. August 1. 1993: Following the June 10, 1990 City Implementation meeting RSA met with SBCT&FCG staff on June 30, 1993 regarding the Sterling Avenue Area Primary/Secondary Access and applicable SBCT&FCG Permit/Common Use Agreement. Page 17 of 19 This is more comprehensively described under Item 44 (June 30, 1993) of this Tentative Action Schedule. The SBCT&FCG staff contemplated that would have completed their review for implementation and proposed documents required for compliance by July 30, 1993. RSA will act accordingly. 64. On August 16. 1993: By June 20, 1993 the San Bernardino Valley Municipal Water District had prepared, executed and forwarded to the City the southeast corner of Sterling Avenue and Foothill Drive PARTICIPATING AGREEMENT between the City and the San Bernardino Valley Municipal Water District. The Department of Public Works prepared the July 26, 1993 appropriate Request for Economic Development Commission (City/EDA) and Council Action. Never-the-less, Mayor Minor determined with the City Attorney's Office that the project not go forward on August 5, 1993, and withheld the matter from the August 16, 1993 City Council/EDA Public Agenda. This was confirmed by the August 5, 1993 City Attorney's Interoffice Memorandum to Ann Debolt, Real Eestate Specialist, Department of Public Works, and then Reported in a Friday, August 20, 1993 The Sun news article "Mayor puts Lid on Manhole Saga". On July 28, 1991 the City initiated the southeast Corner Mitigation. This City Obligation was requested, accepted, notarized and recorded by the City March 11, 1991. 65. December 2, 1993: By December 2, 1993 letter EVWD confirmed their Sterling Avenue Area new 3 Million gallon reservoir site location with main facilities access, as reflected by their May and June 1993 massive geological Exploration resulting in the July 10, 1993 Fault Investigation Report. This was coordinated with the SBMWD by EVWD District Engineer, Paul Dolter. The December 2, 1992 EVWD letter also acknowledged that they were constructing a related treatment plant and reservoir at City Creek-Cook Canyon Highland Hills. The letter also confirms that this activity has been discussed in cooperation with the SBMWD by an on going basis. The location is on the (180 acre) Little Sand Canyon City Property, a SBMWD "Managed Asset". (See attached December 2, 1993 EVWD letter RE: Sterling Avenue Area 3 Million gallon reservoir) In January 1991 the SBMWD retained Associated Engineers, Rancho Cucamonga, to do a Plan of Development for the Property. Under the January 1991 Joint Participation Agreement and understanding with the City/EDA the City/EDA did a supplemental agreement with Associated Engineers in April 1991, and on November 1, 1991 the Little Sand Canyon Plan of Development was released to the Public. The DERC on April 15, 1993, the Planning Commission on May 18, 1993 and the Council on May 24, 1993 approved the reevaluation, reconfirmation and establishment of the 1/22/86 Dedicated Sterling Avenue Area Primary/Secondary Access and Landscape/Mitigation Plan with Improvement/Maintenance District(s). The EVWD new reservoir location, and SBMWD May 4, 1993 Participation was identified on the May 5, 1993 applicable Landscape/Mitigation Plan, including their compatibility to the Little Sand Canyon Plan of Development. (See attached Sterling Avenue Area Landscape/Mitigation Plans RE:EVWD Reservoirs and SBVMWD Mitigation) 66. December 13, 1993: On December 13, 1993 the EVWD Board approved providing the Water Meter to serve the SBVMWD southeast corner of Sterling Avenue and Foothill Page 18 of 19 Drive June 20, 1993 Landscape/recontouring Mitigation Plan. This was outlined in the EVWD Memorandum dated December 9, 1993. (See attached December 9, 1993 EVWD Memorandum RE: SBVMWD Water Meter Service) 67. January 20. 1994: The EVWD and RSA (Warner Hodgdon) met with SBCT&FCG regarding on-going coordination of the related Sterling Avenue Area Primary/Secondary Access and EVWD/RSA Highland Hills Land Exchange for the new $8.5 Million EVWD City Creek-Cook Canyon Treatment Plant/3 Million gallon reservoir. City/EDA/SBMWD Joint Participation: In April 1992 the Community Development Commission (City/EDA) approved the Little Sand Canyon Development Concept. This was initiated by the City/EDA/SBMWD in January 1991. The City/EDA initiated it's Little Sand Canyon Development Request for Design Proposals i.e. Planning Process, Engineering Plans and estimated cost thereof for project Disposition) on September 23, 1992. This was following the July 3, 1993 effective date for the 1/22/86 Dedicated Sterling Avenue Primary/Secondary Access and Landscape/Mitigation Plan with Improvement/Maintenance District(s). Page 19 of 19 PI(HflQD tdflSSOCIMS T T T P tTTTTTTf LflI1DSCflPf WHI1KIM - UPbfl(1 DfSIOI1 May 5, 1993 Mr. Tim Steinhaus, Agency Administrator City of San Bernardino Economic Development Agency 201 North "E" Street San Bernardino, CA 92401 Subject: Provision of Sterling Avenue Area Primary & Secondary Access Improvement & Maintenance District Structure Schematic Landscape/Mitigation Plan, Estimate of Improvement Costs, and Arborist Report Dear Mr. Steinhaus: Per our contract of 3/10/93,please find enclosed the Arborist Report and Photolog by Paul E. Chaney, Certified Arborist, dated May 7, 1993, regarding the fifteen California Sycamore trees (Platanus racemosa) located in the Dedicated Sterling Avenue Right-of-Way. Per my letter dated 8/31/89, and included with the 11/7/90 Sterling Heights FOR,the referenced Sycamore trunks were severely burned from the fire of 7/1/89. As noted in my letter and map delineating the Sycamore Area at that time,they are situated at one location in.the watercourse south of the exisitag old earth dam works,which was part of the former agricultural/ranch use of the property at Sterling Heights and Secret Hollow Ranch Tract locations. (See letter of 8/31/89). We have coordinated this report with Mr. Chaney, including his review of the Dedicated Sterling Area, Primary and Secondary Access(Improvement and Maintenance District)Schematic Landscape/Mitigation Plan dated 5/5/93. The three (3) page Schematic Plans, Schedule of Trees & Plant Species and Estimates of Probable Improvement Costs were prepared by our office under separate City/EDA contract dated 3/10/93 and 4/6/93. Mr. Chaney's conclusions and recommendations as to the quality and value of this existing Sycamore 550 W 5111 ST.-SUITE 204•Sflll 6fOND1110.(fl 92401•(714)888-5568 C11 LIC.#2664 May 5, 1993 Page 2 Mr. Tun Steinhaus/EDA tree area within the Sterling Avenue extension are included in the attached report. The old trunk trees are viewed as having little or nor arboricultural value and the basal sprouts,if let to grow,could become attractive trees, and could become valuable in-fifteen (15) to twenty-five (25) years. Therefore, Mr. Chaney's recommendation is that no effort should be made for transplanting as the value is not there. For mitigation, this species should be considered for a part of that use, and include provision for long- term maintenance. The Schematic Landscape/Mitigation Plan along the 2800 foot Sterling Avenue Corridor and the Sterling Avenue and Foothill Drive Intersection/parkway landscape proposes 238 twenty four(24")inch box trees and 345 fifteen (15) gallon trees of which approximately 75% are Sycamore. To supplement these 585 new trees we have proposed an additional 600 five (5) gallon 600 one (1) gallon drought tolerant and fire resistant shrubs. This totals 1,783 new trees and shrubs. The Sterling Avenue Corridor includes 100% coverage for 236,377 Sq.Ft. (5.4 acres) of overhead spray irrigation and 100% ground cover planting from flats for 177,283 Sq.Ft. (4.06 acres). No planting or irrigation on Sterling Heights natural slope is designed for or included. The,proposed natural riparian area contiguous and east of the Sterling Avenue Corridor, contains an additional 343,850 Sq.Ft. (7.8 acres) of open space. The ENHANCED AREA proposed for 133,000 Sq.Ft. (3.05 acres) with drip irrigation, is to be planted with 700 five (5) gallon riparian trees and 600 one (1) gallon riparian shrubs. The Sterling Avenue Corridor (5.4 acres) and contiguous natural/Enhanced Riparian area to the east (7.8 acres) total approximately 13.2 acres of Corridor Open Space. (See attachments) East Daley Canyon Road with 1,500 lineal feet and proposed cul-de-sac and the proposed Daley Canyon Road North to Sterling Avenue contains 44,500 Sq.Ft. of proposed landscape within San Bernardino County Flood Control property to be enhanced with the addition of 560 shrubs and 80 trees. The Sterling Heights Tract No. 14112 contains further Open Space area west of the Sterling Avenue Corridor of approximately 12.16 acres and is not part of the Sterling Avenue Area Schematic Landscape/Mitigation Plan Improvement and Maintenance District Structure. The City/EDA Little Sand Canyon proposed development contains approximately 181 gross acres. The the Open Space area contains approximately 2,979,504 Sq.Ft. (68.4 acres) of open space, east of the Sterling Avenue Corridor and the contiguous Natural Riparian area. May 5, 1993 Page 3 Mr. Tun Steinhaus/EDA Provisions for a new 3 to 6 million gallon EVMWD Reservoir east of Dedicated Sterling Avenue has been considered. We recommended "screen" landscape to be implemented as part of the Sterling Corridor improvements. In preparing the Sterling Avenue Area Primary and Secondary Access Schematic Landscape/Mitigation plan and Estimate of Probable Improvement Cost, we used the following City Parks, Recreation and Community Services/Planning Department's criteria and. attached for reference: (1) City General Plan Landscaping Standards Chapter 19.28, (2) Procedure and Policy for Landscaping and Irrigation Assessment Districts January 1992, (3) Procedure and Policy for Street Tree Planting, (4) Procedure and Policy for Landscaping and Irrigaion Multi Unit-Commercial-Industrial (Reservoirs) January 1992, (5) Recreational Requirements for Front Yard Package, (6) Public/Private City Beautification Committee Specifications: Trees - The best value for your Landscape Dollar, ('7) City Department of Parks, Recreation and Community Services List of Local Certified Arborist and neighboring Counties. We appreciate the opportunity to serve the City/EDA and enjoyed working with Ms. Doris Daniels, Senior Planner, regarding the Sterling Avenue Area. Three (3) full-scale color Illustration Panels are prepared and will be delivered under separate cover for Public, Planning Commission, EDA and City Council presentations. Please also find attached our proposal for provision of construction plans and specifications. The construction documents are anticipated to require approximately six (6) weeks for completion for 1st submittal, from the time of authorization and receipt of final revised engineering plans,including coordination with Planning,Fire,Engineering,Parks and Recreation Community Service Departments. If we may be of further assistance, please do not hesitate to call. Thank you. S' r Richard Pope, Landscape Architect cc: Doris Daniels/Senior Planner Al Boughey/Director of Planning Sterling Avenue Extension ARBORIST REPORT on CALIFORNIA SYCAMORE April 14, 1993 Prepared for: Richard Pope & Associates 350 W 5th Street Ste 204 San Bernardino CA 92401 888-5568 384-9854 fax Prepared by: PAUL E. CHANEY, ARBORIST 1532 BELLE STREET SAN BERNARDINO CA 92404-5016 (909)884-9919 ISA Certified Arborist #WC 0135 ST LIC 525283 Authorization The arborist examined sycamore trees on the project at the request of Richard Pope, of Richard Pope & Associates, a landscape architecture and urban design company. Tree Identification The tares on the project are Platanus racemosa, California sycamore, a common species native to canyons, foothills, valley floors of southern California.. California sycamore grows moderately quickly to a height of 30 to 50 feet in this area, but occasionally reaches heights of 90 feet, especially in other parts of its range. The species normally grows in clumps or clusters of trunks, either as separate trees, or as multiple trunks of the same tree, or it also grows as a solitary individual. Characteristic think growth varies from vertical to practically horizontal,with thick branches often tortuously contorted The bark is pale greyish green on the younger branches, growing whitish with deciduous plates and flakes; then a persistant greyish or greyish tan bark develops on the older trunks and branches. Tree Location The attached contour map shows the location of the trees to be in a small canyon north of the current end of Sterling Avenue, and to the north and slightly west of two large water storage tanks. The map is one on which the subject frets, as well as other trees which no longer exist, were plotted by Richard Pope & Associates after a f= on July 1, 1989 (See RP & A memo dated 7/31/89 pp. 1, 2, attached). The trees are all growing on both sides oL and within 30 feet of a partially exposed pipeline and of a watercourse which shows considerable erosion from the 1992 winter rains. The erosion exposed large roots and some stumps which could be those of trees originally plotted on the map. Individual Trees The trees examined are growing in three distinct clusters. All but two trees are basal sprouts of not over three years' growth The remaining two trunks are 15" and 16" in diameter at 4.5 feet above ground. The sprouts are up to 18 feet tall. Sprouts in all clusters show evidence of pruning with a chain saw to remove lower branches. The cuts were made flush to the trunk and behind the branch collar, which means that trunk tissue was damaged and is now open to decay. There is also evidence that smaller sprouts were thinned near the base of the larger ones with either chain saw or loppers. The re-growth from these pruning wounds indicates that the pruning was done before the 1992 growing season. There is no indication of subsequent pruning. One of the older trunks may have growth reaching above 20 feet, The second old trunk was broken off about 8 feet above ground, and has a few weak sproutsgrowing from it. Both old trunks show considerable fire damage, and wood decay due to infestation by insects and fungi Cluster A Located on the east side of the watercourse, this clump consists of 4 standing dead trunks, 3", 3", 4", 8" in diameter, and 17 live trunks 1" to 4" in diameter measured at 12" a.g. Some of the live trunks are obviously stump sprouts from approximately 5 stumps. The remaining sprouts come from roots. It appears as though the tops of the original trees of this clump were completly destroyed in the fire. (See attached photographs). Cluster B Located on the west side of the watercourse and at the mouth of a small draw, this cluster consists of 11 sprouts, 1 1/2" to 4" diameter, that appear to come from the stumps of 4 original trees. No dead trunks stand in this group. It appears as though the tops of the original trees of this clump were also completly destroyed in the fire. (See attached photographs). Cluster C Also located on the west side of the watercourse and just to the south of cluster B, cluster C consists of 6 live sprouts similar to those in the other two clusters and the two old trunks mentioned previously. The taller of the old trunks ascends at about 70' in a southerly direction, then bending to become almost horizontal. There is live growth clear to the end of this trunk Fire damage, including death of wood extends for 50% , more or less, of the trunk circumference. The dead trunk wood is heavily infested with insects and fungal decay. It appears very likely that the trunk will fail sometime. There is evidence that birds and/or other animals nest or live in the decayed hollow parts of both of the old tree trunks. (See attached photographs). Sprouts D Two sprouts were found growing in the grasses to the east of the watercourse. These sprouts do not appear to be coming from any stump. They may be growing from the remnants of the root systems of trees previously destroyed by fire. The sprouts are 18" to 24" high. (See attached photographs). Conclusions 1. The old trunk trees, being as damaged as they are, have little or no arboricultural value. 2. The old trunk trees may have value for binds or other animals. 3. The old trunk trees are not currently hazardous for lack of a valuable target. However, if a valuable target is introduced, trunk failure would endanger life and property. 4. The basal sprouts are healthy, vigorous, and present little or no hazard. 5. The sprouts, if left to grow, could become attractive trees, and could become valuable in fifteen to 25 years. 6. The trees, though apparently naturally occuring, are not growing in their normal plant community. This may be due to fire(s), grazing, cultivation for agriculture, vehiclular traffic, or some other previous land use, or a combination of these factors. 7. The landscaping and development plans as currently proposed by Richard Pope & Associates does not allow the existing trees to be conserved However, the plan does provide for planting 437 native sycamore trees, which is approximately (12) replacement trees for each (1) existing basal sprout. This obviously conforms to recommendation #3, below. Recommendations 1. If construction activities, including grading, excavation and re-compaction, compaction, trenching, vehicle traffic and parking, tool and equipment storage. solid and liquid waste disposal, can be kept outside of the root zones of the trees, then consider conserving trees in place. 2. If trees can't be conserved in-place, then no effort should be made at transplanting, since the value is not there. 3. If any mitigation is required, consider using this species as part of the landscaping for setback areas, embankments, wide parkways, open space, etc. Each (1) existing sprout could be considered equivalent to (1) one 15 gal. or 24" box tree of the same species. 4. The area is being converted from agricultural use to a suburban use. When any tree is used in a setting involving people, a whole new set of considerations come into play. These involve the pressures that human activity forces on trees, the adaptability of the species selected, and maintenance for aesthetics, environmental function, and safety. The arborist recommends against tree planting around human activity areas unless a permanent funding source is designed to provide for the necessary maintenance. ��-S� GIJC013s K I(flflRD 6 flssoci Tfs MEMORANDUM DATE: 7/31/89 RP&A JOB NO. 88-29 PROJECT: TRACT 14112/.S-ZERLING TRACT SAN BE UMDINO, CA TO: GARY COLLINS/WARKENTIN WRAIGHT FROM: RICHARD POPE/LANDSCAPE ARCSTTECT SUBJECT: TREE INVENTORY TAKEN 7/15 & 7/16/89 The existing trees on the site of Tract 14112 fall into two major categories: 1. Native trees indigenous to the site. 2. Trees planted for agricultural/ranching purposes that have, in some cases, naturalized to the site. NATIVE TREES: The native trees are located in two isolated areas. The first area falls in the southwestern corner of the site_ It is typical southern California foothill chaparral and can be located on the Tree Inventory Map where the initials, R.C. indicates Rhamnus cali- fornica/Coffeberry Trees. The second area is on the eastern property line_ The site is in a deep ravine about halfway betweeen north and south pr This area is a native riparian environment. Property lines. S camore were observed severel burned om to Lo a of 7�1 8f9ornia Trunks were charred and re-sprouting potential from trunks or limbs is in do a s Zme. PLANTED TREES: Trees that were planted for agricultural purposes consist of orchard trees, Eucalyptus windbreak rows, tree rows lining roads, ornamental Plantings around house foundation and a heavily planted area on northern slope just north east of house location- MI PAGE 1 OF 2 D-2 RICHARD POPE & ASSOCIATES Landscape Architecture/Urban Design SUBJECT: TRE " .INVENTORY TAKEN 7/75 &_ 7/16/89 (CONTINUED) The orchard trees are Primarily citrus and have been neglected wed for some time_ Most trees are dead or very close to it, and are located. in three major locations (See Map) . Prunus ilicifolia, a native, is growing to large sizes in these formerly cultivated areas. Eucalyptus windbreak rows occur at the edge of all orchard areas. They have naturalized to some extent so that rows have become more grove-like. A large variety of tree sizes was observed from 1^ caliber saplings to 36" caliber trees. Trees were planted along roads presumably for erosion control, road definition and aesthetics. Although Eucalyptus is the primary tree, California Pepper, Toyon and Acacia were also used. Again, these trees have naturalized to produce groves along roads_ A variety of common ornamental trees still stand at the location of the house. Many are dead or near death, but those that have survived are noted on the map. A heavily planted area lies on the northern slope of the bluff just northeast of the house location. Because of a meadow area* in its midst, old earth dam works and the heavy planting -- I would specu- late that horse corrals were located here. Again, Eucalyptus is the Primary tree with Peppers, Toyon, Acacia, and even some Live Oaks - planted and naturalized. The fire burned a portion of this area as noted on map. 4 Sincerely, Richard Pope, ASLA License No. 2664 < D_3 PAGE 2 OF 2 •Boa�� _.�� :!t � .�r f,�:,...:�'y}'��' �F":.� '.':.'�` _ �t�7 k _ ./a. �,�?.a^�::v:::s`4�.�vH��ix6;: _ Y �� / .. _ {� � �c:"a, �~ T�; "•� I�;%? •'l'`:`� _� Y�`�r. �� .�.�o �-:� �-rii: ec��i.S^�_2v ,� �:���. a.^-- f I •I ,I • 1 r _ t I z I i J �� CLUSTER W ce. w �c F C"T USTER W doseup vX iPX R t�Y f » ... «' " I ell DiE I � c <. s r j PF CLUSTER T' ` ro" 1 � fid � �I� IUD a yy h short large trunk s� z ^ 4 ham, ® cc m mw S - l wo 0 w� 4 SPROUTS 'D-2' about 18" tall =a t i sn a. +►. ate.� . . �� �.��, APR OUT 'D about 24" tall ARBORIST QUALIFICATIONS - ARBORIST.LANDSCAPE CONSULTANT AND EXPERT WITNESS SINCE JANUARY 1989. - LS-A-ARBORIST CERTIFICATION#WC-0135 SINCE JANUARY 1988. - LANDSCAPE CONTRACTOR'S LICENSE C-27.C-61 D-49, #525283. - LICENSED LANDSCAPE PEST CONTROL BUSINESS-1986. 1987. 1988. CURRENTLY HOLD QUALIFIED APPLICATOR LICENSE#34134. - WORKED IN NURSERY.LANDSCAPING—TREE PRUNING, PEST CONTROL,MAINTENANCE SERVICES,IRRIGATION SYSTEMS,AND LANDSCAPE PLANNING AND DESIGN SINCE 1977. - COLLEGE LEVEL CLASSES IN HORTICULTURE AND ENVIRONMENT FROM 1972, GRADUATING FROM CAL POLY UNIVERSITY.POMONA WITH B.S. IN ORNAMENTAL HORTICULTURE IN 1977- Previous work done in area: Arborist reports prepared for the following San Bernardino County tentative tracts: 13307 13619 13773 13936 14065 14120 14260 14296 14326 14346 14362 14444 14565 14672 14687 14735 14832 14881 14885 15091 15303 And the following projects: Macco,SW Industrial Park,Fontana 6010 Walnut,Chino 3981&'H'St, San Bernardino DR 88-17.Rancho Cucamonga Baseline ROW.Almeria-Beech,Fontana CUP 90-63,San Bernardino Wallmr&Osborne,Highland CUP 90-29,San Bernardino 27773 Pacific St,San Bernardino Parcel Map 13320,San Bernardino 71078 Cienega.Highland 1199 W.Highland Ave,San Bernardino 42nd&Sepulveda.San Bernardino 1922 'G' St,San Bernardino Acting as expert witness on two civil cases in San Bernardino County. Casualty loss appraisals Mitigation Monitoring Plans Tree failm determinations Landscape Plans prepared for. Glen Vaughn Residence,Moreno Valley Early California Motel,Highland Ave.,San Bernardino,(design&install) Comfort Inn,Business Center Drive,San Bernardino. Put on seminar for 45 government tree care employees Co-founder of"San Bernardino Citizens for Tree Care" group RICHARD POPE & ASSOCIATES Landscape Architecture/Urban Design 350 W. 5th Street, Suite 204 San Bernardino, CA 92401 CA License No. 2664 (909) 888-5568 CITY/EDA STERLING AVENUE AREA SCHEMATIC LANDSCAPE/MITIGATION PLAN ESTIMATE OF PROBABLE IMPROVEMENT COSTS BY: IMPROVEMENT AND MAINTENANCE DISTRICT STRUCTURE DATE: MAY 5, 1993 RP&A JOB NO.: 93-10 PRELIMINARY X PROJECT: DALEY CANYON ROAD EAST/NORTH SECONDARY EMERGENCY ACCESS LANDSCAPE IMPROVEMENTS& EMERGENCY ACCESS CONTROL GATES (See attached Schematic Landscape/Mitigation Plan,3 pages of 3) DALEY CANYON ROAD EAST: (S.B.C.T. & F.C.G.)-2,250 TOTAL LINEAL FEET EAST SIDE OF ROAD @ CHANNEL- 1,500 LINEAL FEET NERIUM OLEANDER 'MRS. ROEDING' @ 4' O.C. WEST SIDE (ROAD)-750 LINEAL FEET NERIUM OLEANDER 'MRS. ROEDING' @ 4' O.C. SHRUBS:560-5 GAL NERIUM OLEANDER'MRS.ROEDING' @ $12./EA $6,77200. IRRIGATION: DRIP SYSTEM W/2 EMITTERS PER SHRUB (INCLUDES CLOCK,VALVES,MAIN LINE &EMITTERS) DALEY CANYON ROAD NORTH TO STERLING AVENUE: (S.B.C.T. &F.C.G.) & NORTH CUL-DE-SAC: (DALEY CANYON ROAD EAST) 22,006 SQ.FT.COVERAGE TREES. 80- 15 GAL SYCAMORE &EUCALYPTUS APPROXIMATELY 20' O.C. ® $70./EA $6.602 IRRIGATION: 22DW SQ.FT. @ $ .30/SQ.FT. DRIP SYSTEM W/2 EMITTERS PER TREE (INCLUDES CLOCK,VALVES,MAIN LINE&EMITTERS) EMERGENCY ACCESS CONTROL GATES: 3 @ $5D00./EA $15,000. SUBTOTAL- $41922. 10% CONTINGENCY: $ 4,192. (For Discussion purposes only) TOTAL- $46,114. THIS ESTIMATE IS PROVIDED AS A SERVICE TO OUR CLIENT FOR COMPARATNE PURPOSES ONLY. ACTUAL COSTS AND QUANTITIES MAY VARY DUE TO A NUMBER OF CIRCUMSTANCES INCLUDING BUT NOT LIMITED TO: CHANGES IN FIELD CONDITIONS, AVAILABILITY AND/OR COST OF MATERIALS.METHODS AND/OR TIMING OF CONSTRUCTION AND INFLATION. NO COST GUARANTEE is EXPRESSED OR IMPLIED. PAGE 1 OF 3 STERLING.DL2 RICHARD POPE & ASSOCIATES Landscape Architecture/Urban Design 350 W. 5th Street, Suite 204 San Bernardino, CA 92401 CA License No. 2664 (909) 888-5568 CITY/EDA STERLING AVENUE AREA SCHEMATIC LANDSCAPE/MITIGATION PLAN ESTIMATE OF PROBABLE IMPROVEMENT COSTS BY: IMPROVEMENT AND MAINTENANCE DISTRICT STRUCTURE DATE: MAY 5, 1993 RP&A JOB NO.: 93-10 PRELIMINARY X PROJECT DEDICATED STERLING AVENUE PRIMARY/SECONDARY ACCESS FOOTHILL DRIVE/STERLING AVENUE INTERSECTION LANDSCAPE/MITIGATION IMPROVEMENTS (See attached Schematic Landscape/Mitigation Plan,3 pages of 3) . AUTOMATIC IRRIGATION: 100% COVERAGE OVERHEAD SPRAY& DRIP IRRIGATION 236,377 SOFT. (5.4 ACRES) @ $.55/SQ.FT. $130.007. (INCLUDES CLOCK,VALVES,MAIN LINE& IRRIGATION HEADS) PLANING: TREES: (75%SYCAMORE&25%EUCALYPTUS) 238- 24' BOX @ $190./EA- PLANTED ALONG STERLING AVE. $45220. 345- 15 GAL @ $70./EA - 2,800 LINEAL FEET CORRIDOR& $ 24,150. SLOPE AREA SHRUBS: DROUGHT TOLERANT,LOW MAINTENANCE 600-5 GAL @ $12./EA $7,200. 600- 1 GAL @ $ 7./EA $4200. GROUND COVER: 100%COVERAGE PLANTED FROM FLATS- 177,283 S6).FT. (4.06 ACRES) @ $ .30/S61.FT. $53,184. SUBTOTAL- $263.961. 10% CONTINGENCY: $ 26,396. (For Discussion purposes only) TOTAL- $290,357. (See attached Schedule of Trees and Plant Species mixed use alternatives) THIS ESTIMATE IS PROVIDED AS A SERVICE TO OUR CLIENT FOR COMPARATIVE PURPOSES ONLY. ACTUAL COSTS AND QUANTITIES MAY VARY DUE TO A NUMBER OF CIRCUMSTANCES INCLUDING BUT NOT LIMITED TO: CHANGES IN FIELD CONDITIONS,AVAILABILITY AND/OR COST OF MATERIALS,METHODS AND/OR TIMING OF CONSTRUCTION AND INFLATION. NO COST GUARANTEE IS EXPRESSED OR IMPLIED. STERLING.PRM PAGE 2 OF 3 RICHARD POPE & ASSOCIATES Landscape Architecture/Urban Design 350 W. 5th Street, Suite 204 San Bernardino, CA 92401 CA License No. 2664 (909) 888-5568 Cfif/EDA STERLING AVENUE SCHEMATIC LANDSCAPE/MITIGATION PLAN ESTIMATE OF PROBABLE IMPROVEMENT COSTS BY: IMPROVEMENT AND MAINTENANCE DISTRICT STRUCTURE DATE: MAY 5, 1993 RP&A JOB NO.: 93-10 PRELIMINARY X PROJECT: RIPARIAN ENHANCEMENT AREA- EAST OF DEDICATED STERLING AVENUE LITTLE SAND CANYON (See attached Schematic Landscape/Mitigation Plan,3 pages of 3) GROSS MITIGATION AREA: 343,850 SQ.FT. (7.8 ACRES) ENHANCED AREA: 133,000 SQ.FT. (3.05 ACRES) IRRIGATION: 133A00 SQ.FT. (3.05 ACRES) ® $.30/SQ.FT. $39,900. DRIP SYSTEM W/2 EMITTERS PER SHRUB/TREE (INCLUDES CLOCK,VALVES,MAIN LINE& EMITTERS) PLANTING: RIPARIAN TREES(SYCAMORES) &RIPARIAN SHRUBS TREES: 700-5 GAL 0 $12./EA S8A00. SHRUBS: 600- 1 GAL @ $ 7./EA $4,200. SUBTOTAL: $ 52,500. 10% CONTINGENCY: $. 5,250. (For Discussion purposes only) TOTAL- $ 57,750. (See attached Schedule of Trees and Plant Species mixed use alternatives) THIS ESTIMATE IS PROVIDED AS A SERVICE TO OUR CLIENT FOR COMPARATIVE PURPOSES ONLY. ACTUAL COSTS AND QUANTITIES MAY VARY DUE TO A NUMBER OF CIRCUMSTANCES INCLUDING BUT NOT LIMITED TO: CHANGES IN FIELD CONDITIONS, AVAILABILITY AND/OR COST OF MATERIALS,METHODS AND/OR TIMING OF CONSTRUCTION AND INFLATION. NO COST GUARANTEE IS EXPRESSED OR IMPLIED. STERLING.MII PAGE 3 OF 3 TO SECRET HOLLOW RANCH OALEY CANYON/// f[7 / SECRET NOLLOW PASSAGE 24 FEET WIDE OEITRIS BASIN PROAARV ACCESS 24 FM MISS S.S.M.T.i 12,4 AND OAIEY CANYd ROAD SECONDARY ACCESS N FEET WOE IPORR711 EANU10flICP ACCESS COM11p.GTE \ Flt EYERDOICY AND m-• ••.wee«w aJ<coLiFtAANDBECIIETI1d10W 24 FEET MISS"THGTEJ / - LM=T.AE O�ALEY CANYON ROAD O FFET MISS '- T RE NATIVE VEpETATpN LOMAS PRIVADAS L. t .Artla..•n_ CLUSTERED CONDOWWRRIS ,X'�, �1'- �• I •�" Doer CANYON AoAU . EA7STING HOMES r BENer CANYON ROAD OEDI(•a7Ep CONTROL GTE 24 FEET WISE ACCEPTED AND APPROVED FOR RPARMN ENHANCEMENT j "I" /NSAND REVEOETATION Lj-, M—T MAP wig, i - PROPO O SED SCREEN flAI1ISq Cm PROCESSRq REOUESTFD DEC.Ia,IM fOR; 1 RATE FtSN t GME 1b1•Ib7 AGREEMENTS EXISTING DEVELOPMENT 3 TO RELAA/ATURE EUCALYPTUS C y UJL CORP MTfON1WDE AGREEMENT ® ` M PEN SPACE I EUCALY 1TSpb SG,L " \ VV-- 4A ACRES) ' ✓� PW / tT W C ST A O � EO E]SING AAISS EyCAtY►715 Gy A 11441 AND RECORDED TOM ' V /� / RroUSAN ANCEMENT AND REVECETGETATgM DROUGHT A UE AV TFINE IIEMTAIff, try ry � Qru ELI G EIGHTS •J�O 'Jl` �r.$&� \`.� I 34 AGLLION PROPOSED E.V.wA.GALLON RESERVOIR �0 O 1tr• B I WRN SV TO COLD COORDINATE I SCREEN TANK TVR11 EUCALTPTUS 1 MATURE EUCALYPTUS 8 PLANTING.WORK BY THE E.V.wb REMAIN EMFROT.& ACCESS PALLY C GATE tLC0.7 ifCA AND GAMEY CANYON ROAD ;Z EAST E >•FEET WIDID ENCY ACCESS CONTROL GTE . E _ \ E MIT,,YEGETATgN RIPARIAN ENHANCE AND REVEGETMEM Nr � LITTLE SAND CANYON 4i GmexA urTlt sANO uN.oN we Ao 'O OPEN SP ACe:•*79.604 aG.R. �� � C,• � I o ��}wrMMewrA ® i g EA OL 10 PUNT TAW COLOR COOT TE SCREEN TAXI( 13 T PLANIRIa WORK BY THE isxWA f3NI'lENI PACE AX(EA wnA vEROE DRIVE CIA ACREM 140 AVENUE CORUIO lO 11 A LANDS LSOTIOA7gN AREA 220aT7 SOtT. q� OOIAIOUOUS OFYQIIE TEAR) VA .��EMTRq RESERVOIR TO BE REMOVED (Ti.S ACRES)WANT IN b r a Q q ~ - ENNAMCEO AREA:11T.000 NlaS ACRESI ly w ® P Ig_ ® A A TOTAL LANOaCAK MITIGATION-14.2 AML* ue �ll WORTH PEN SPAC (44 AC OPEN MACE 171.000 BO.F'T. INANCED INTERSEC110N SO TH OP FOOTHILL DRIVE S.SALWA PIPELINE A BOU111 OPEN MACE:210,000 STLFT- MIIl0AT10N LANDSCAPE_ WEST OPEN MACE. 70AM SOFT. W APPROVED MAY 4.IM FOR: T TAL�OKMSPACE-11.14 MAIN ENTRY W WQI crrv�E.oA moRDINATIDN _ IN JOINT COOPERATION WITH: �7L C(TY/£.D.A.-STERLING HEIGHTS-SECRET HOLLOW RANCH 1t9 i I I1gp1 ONE THIRD COST EACH.AFTER ALLOCATION OF E.V.W.D.RESERVOIR AND MAIN BENIFITS ylWy--rr�- F M!M! f6i�C�d11�ILJ�...1<N1Ii City of San Bemardino EXMTIIIQ RESIDENTIAL DEVELOPMENT M ECONOMIC DEVELOPMENT AGENCY CNTr OF SAN SEANARORID NORTON EZPANSM AND EAST VALLEY RESP ENTIAL SUPPORT:FOR 0 fSCIU55IO11 PURPOSES ONLY ,y! STERLING M DN SECONDARY A N U ES AREA &MAINTENANCE DISTRICT PIONS l®>f a Bssocims SCHEMATIC LANDSCAPE/MITIGATION PLAN MAY S,1993 OFF tp-2=T(1P<AIifCIUPt' D S)f PAGE 1 OF 5 2D.ac feq- Maamoaaronw�o-mpaEla. �L K � fTffSNaTfaf SIGIN A O u ETLRLMO 4VENUE "ILLINO AVENU[ STREAM TWWE ENTRY PLANTER STERLNG AYEMUE MATYIIAL 1TONE MOMVMEMi AMO OIINAMEMTAL fION �1��1 �/�(�y� )�/� (� /� �y/(� �y/ (�/�n MOM WAIL LLL�V✓oNWJAm O Il1�lSLa LSU� [%\14 �Q 1� C`+11C1�1I l�V/R smLm mm SECTION—•M' 4 fT[RLMG MlIONTE � `� �' -7 EvuoRE[NANOOEOOypyf fLOIE RLAXTRIG ` `/ �' •f_—Y= i pawsm AN frERlrIO AVENUE MAINAM[NMAMC[MEMT �57�f'aIIp1�R/p �•'�II LSU°a 1 lSlluVlSi7 AMp REVEGETATION LV.WD.AMUE L MDW° ° C M�i°(�D O R° 31 MA=ZE*va°.uOM SECTION— BB* ° A..IOTAIIIDN 100 0 AarC*t$s EAgr DAM C�,'mmOD m ROAD° 0 L I D ^TpDz 7fiC'NEP.T SECTION—'CC, ti• ,� s h n '°O•�'� ` •� .. f I �• STERLING HEIGHTS E%ISTI LEAHDER ••r'•VC�,• E%IETMG R,E.$;MTIAL pLEANOER EAST.ALET CANTON ROM SCREEN ROROSED OEVELGRYENT W/E%ISTIN FENCE. SCREEN •ccCRrour•N••A•,cr ec••• I fRWGE E%IETNO MATURE EUCAITRTUS TREES W.y4TU11f MAT,yE KGETATN)N E%ISTING S. Co. FLOOO CONTROL CHANNEL i IN JOINT COO►ERArN WIT1L f 1 CITY/ED.A.-STERLNG HEIGHTS-fECR HOLLOW RANCH L i ONE TMIRO COST EACH,AFTEA ALLOCATION OF LV.WL.RESERVOIR A"MAN SENMaTS City OI San Se,w,d,O I& coo.•..c1O^•+^•+*•«•no.«,.eox ECONOMIC DEVELOPMENTAGENCY •+•.••.,00.N.,w.• O1c°c^CTO"c. OTr oraw REWU,°R°MoRn%•mARRa,AND EAVr rAUEr wnyORyt yR•oRr:roll[MCIMMOM nASOSEEa«L. ••o«••ro x«.•�.• �\, STERLING AVENUE AREA PRIMARY AND SECONDARY ACCESS IMPROVEMENT& MAINTENANCE DISTRICT PIaOQD aouamns SCHEMATIC L AND SCAPE/MITIGATION PLAN MAY 5.1993 u.. PAGE 2 or 3 opycavl=pce:nawlopeec puion StcO.T.a F.GG.EMERGE NCT AND TO SECRET HOLLOW RANCH MAINTENANCE ACCEif 116 ACRES 24 FEET WIDE CRET HOLLOW PASSAGE N FEET WIDE DAL"SAM CO"TrAX SAM EmNapacEmsff ..fA....T.SC.N a•R.NT Nw. AIIGYEIR E Emma TREES O N ADDITIONAL TAM PLANTING SMBI D AMD MAINTENANCE Y g oAG TO Q \ O \ &ECO O DART GATE AND •�y .. .- sECONART 40CEfi J WIDE �•� -------, s - A wren SPACE AWA ..D.AMALIMIIIE Oa.LOO.• � ; �'Q Y4�M W IYA,OI...IDLA)ED.f E7a$TM KATUnE TW�ES WI�aA+v MNA�w...�.DSL olo EAgTYI G s Pgf161VE AMD PgpYaT Atl NA Ataq.NTH HIEALTM TREES OVi7gE eI.I.NCm MMa mrMG.ALTMEI llf0 OF ORADYID TOTLL LA.HDiCAPE MLTIDATGN lf2 AUEf LYY 1`; Q - PRUNE AS NEEDED PER SA ArtNAwNR.MRI� '- .••.� t' STANDARDS No.nIDRG...ADt n.Ar LgJT. y I..w>OYM��RI'IIS E.L NNIM.pR. LAY i_�. WIPP.+LAgP+YA TiIC�AkK7.311�QT ns.W s.lE.wp MiR. �•J PMWGETATYON OF EnETM TOTAL OPEN MACE-12.16 ACRES wATE11C DO11SE ENVBIOMMENTS - NA71YE MARIAN THEE SH"PLANYEgS PIIOIOTwo STERLM AvEmm L WEAVE HABITAT LANDSCAPE CORRIM RESTORATION PEDESTRIAN WALK FIRE INSTANT.DROUGHT TOLERANT PLANTING EVFNOREFMANO — 8 RInOIN -ENKAMINEW Pl'ALOII SLOPPLANTING PLANTING EfE APE lE / B .COORDINATE WITH 8 _ Q j SCREEN WITH EVCALT/TMS , �RLSPKTR'E WATS11 STERLING HEIGHTS STERLWp ANEHIM ASR fa ACRES -PIAKr UST, � O OO..IN♦Y tMPOw..Nw.W _ N.WwN..tap. auaNr.IGWGIE J . cmi EDa nNru.aNN RIDM.I Q G . w�"M'D.Sm�uRar F 1w ACRES AND CANYON O Mo�LaM LIL.wNABI r .. aBIw.L.noPwswlIDlr Yl YRI t - Nw.I.o.aH. NL1a owr AL�Ai!Et{4CAP9gFiLL®QY Q.NOLI.NCD.Ow m NsM NNE REVEGETAT10 fliT K D YNWInO.I WATEIICWIRva fID 40 fL 00 Nw WHIw + Sr��./"p'" - ENWq(NNEYNn NATIVE wT� SHAUG PUM.YG:FROYO7w ® IDM.w.rGD.1HUrW C WILDLIFE NXI TORAMN AT NDI.NMI.dNpnl - ® wfAN.NNI NOAVw.oA \T� O NNFY[....w .gi�iu .e ea.. �HMa • l.M.MO.I..wC.'M.. 1w EfERV .:...OM.RAlR N:M:A:�tt:Ol: JG TRACT EKTvaES TIMATIMEaff rya° DECORAUM NATURAL STONE .. ego i;,xxW.n �M�a i'•iwiN..T - IMPROVED ENTR, COBBLESTONE PAVING- - MONUMENTSGHH 1' i CURVILINEAR PEDCgTRNUq WALKS LANDTREES S SHRUBS LANDSCAPE TREATMENT OLD EARTH CAM WOR A t MAIN ENTST Tw_9'41igtiT A - STREAM THEME MEOIM A PLANTER - LANDSCAPE TO 2.p'SOUTH OF �yy� FOOTHILL BOULEVARD NATURAL• DECORATIVE AL WON STONE B ORNAMENTAL PION WALL IMPROVED ENTRY LKINNEN THaI OO COBBLESTONE PAVING MONWE rN(( f URI O0 9 B< - AGOE WEST WEST RESIDENCE M JOINT COOPERATION WITk: ENHANCED P CTTIEAA-STERLING HEIGHTS-SECRET HOLLOW RANCH INTERSECTIO y `v � ONE THIRD COST EACK AFTER ALLOCATION OF EV.WA.RESERVOIR AND MAIN BEMFITS TO • u City o/San Bemardno r\ ECONOMIC DEVELOPMENT AGENCY 1J r Grtv..w..wuwac Nanw mAHSw.NR Can tour R.moDllrul wwP011r:ron.OnrsRio..LNroae.aa. .� . STERLING AVENUE AREA PRIMARY AND SECONDARY ACCESS IMPROVEMENT& MAINTENANCE DISTRICT SCHEMATIC LANDSCAPE/MITIGATION PLAN MAY S.1993 IIYDSCID(IP(IIIt(IYpI•IpD1Y DtS141 PAGE]OF] sa>..+4.wno.wo•rM YmgNw.w Tuesday June 8. 1993 / Page 1 of 3 H146EST -------------------------------------------------------------------------------- PRELIMINARY CONSTRUCTION ESTIMATE STERLING AVENUE; EAST DALEY CANYON ROAD ASSESSMENT PROJECT JUNE 4. 1993 SUMMARY CATEGORY COST STERLING AVENUE Rough Grading: 60.000.00 Sanitary Sewer: 72.429. 30 Storm Drain: 47,884.00 Roadway/Street Improvements: 223.425. 97 Public Utilities: 64,638.40 Consultant Services & Fees: 39.757.00 Sterling Avenue Sub Total 508, 134. 67 DALEY CANYON ROAD Rough Grading: 8, 500.00 Roadway/Street Improvements: 94,905.00 Consultant Services & Fees: 24. 199.00 Daley Canyon Road Sub Total 127.604.00 Assessment Engineering: 25,000.00 Construction Management: 35,000.00. Contingency Fee ( 10% ) : 63. 573.87 TOTAL ESTIMATED COST: 759, 312. 53 kSSUMPTIONS: L. The East Daley Canyon Road estimate includes the 24' connection to the Daley Canyon Road cul-de-sac. 2. Landscaping estimate to be prepared by Richard Pope Associate. 3. This estimate includes one new bridge crossing on Del Rosa Channel. The existing Bridge below the Daley Basin spillway was assumed adequate. 1 . Road improvement plans for East Daley Canyon Road were assumed to be done on a Flat Map rather than Plan Profile sheets. -------------------------------------------------------------------------------- Tuesday June 8. 1993 Page 2 of 3 H146EST -------------------------------------------------------------------------------- PRELIMINARY CONSTRUCTION ESTIMATE STERLING AVENUE; EAST DALEY CANYON ROAD ASSESSMENT PROJECT JUNE 4. 1993 PAGE 1 Quantity Unit Cost Unit Total Totals ROUGH/FINISH GRADING: Sterling Avenue ` Clearing & Grubbing 8 AC 750.00 6.000.00 Excavation 60000 CY 0.90 54.000.00 60.000.00 SANITARY SEWER: Sterling Avenue 8" Sewer 2860 LF 18.00 51.480.00 Sewer Hanhole 10 EA 1500.00 15,000.00 Adjust Sewer MH to Grade 10 EA 350.00 3.500.00 Sewer P1 Ch/Insp. (3. 5%) 1 LS 2449.30 2.449.30 72,429.30 STORM DRAINS: Sterling Avenue Parkway Culvert No. 1 2 EA 1500.00 3.000.00 Clatch Basin City Std. 404 3 EA 4500.00 13. 500.00 12" C.S.P. 35 LF 35.00 1.225.00 24" C.S.P. 103 LF 50.00 5. 150.00 33" R.C.P. 156 LF 64.00 9.984.00 48" R.C.P. 83 LF 90.00 7.470.00 Conc. Headwall (Wing Type) 10 CY 390.00 3.705.00 10' x 10' Splash Apron 300 SF 2.00 600.00 routed Rip Rap 650 SF 5.00 3.250.00 47.884.00 ROADWAY/STREET IMPROVEMENTS: Sterling Avenue 6" Curb and Gutter 5846 LF 7.00 40.922.00 6" Curb Only 729 LF 5.00 3.645.00 Conc. Cross Gutter 2000 SF 2.50 5.000.00 3" A.C. Pvmt/4" A.B. 104985 SF 1. 10 115,483. 50 :oncrete Pavement 5120 SF 2.50 12.800.00 Stamped Concrete 5024 SF 5.00 25. 120.00 traffic/Street Signs 6 EA 150.00 900.00 Entry Gate 1 EA 12000.00 12.000.00 Plan Check/Insp. (3. 5%) 1 LS 7555.47 7.555.47 223.425.97 PUBLIC UTILITIES: Sterling Avenue .Tas 3022 LF 7.20 21.758.40 Street Lights 16 EA 2200.00 35. 200.00 Slectrical Energy Fee 16 EA 480.00 7 .680.00 (Street Lights) 64.638.40 -------------------------------------------------------------------------------- Tuesday June 8. 1993 Page 3 of 3 H146EST ------------------------------------------------------------ ------------ PRELIMINARY CONSTRUCTION ESTIMATE STERLING AVENUE; EAST DALEY CANYON ROAD ASSESSMENT PROJECT JUNE 4. 1993 PAGE 2 CONSULTANT SERVICES & FEES: Sterling Avenue Soils Eng. & Insp. 1 LS 10000.00 10.000.00 Engineering 1 LS 6120.00 6. 120.00 Construction Staking 1 LS 23637.00 23.637.00 39.757.00 Sterling Avenue Sub Total 508. 134.67 ROUGH/FINISH GRADING: East Daley Canyon Road Clearing & Grubbing 1 AC 1000.00 1.000.00 Excavation 1 LS 7500.00 7 . 500.00 8.500.00 ROADWAY/STREET IMPROVEMENTS: East Daley Canyon Road 6" A.C. Dike 3680 2. 50 9.200.00 7.50/A.B. NAT. 47380 SF 0.75 35, 535.00 Entry Gate 1 EA 12000.00 12.000.00 Crash Gate 2 EA 500.00 1.000.00 Bridge Structural ( 1) 360 SF 102.00 36.720.00 Traffic/Street Signs 3 EA 150.00 450.00 Street P1 Ch/Insp. (3. 5%) 1 LS 0.00 0.00 94.905.00 CONSULTANT SERVICES & FEES: East Daley Canyon Road Soils Eng. & Insp. 1 LS 6500.00 6. 500.00 Engineering 1 LS 9452.00 9,452.00 Construction Staking 1 LS 8247.00 8.247.00 24.199.00 Daley Canyon Road Sub Total 127.604.00 TOTAL 635.738.67 The quantities and costs used on these pages are approximate and were figured using preliminary information. No final engineering plans have been completed. All City. County and Utility fees may change at any time. There may be costs not foreseen at this time that can only be estimated after a final design has been completed. Neither the engineer nor the developer guarantees these quantities or costs. and any financial decisions should be made accordingly. W. J. McKeever Inc. Dennis Stafford ---------------------------------------------------- I Al No_ try �gel rs � L y�Nj1/ViJ�jg1,,•Q{y���1t�'l. L� �rr.��,'. :;'"` p ,.F�nJ �� �_�!;ill.'�`�!-•7 f '_ `1..''-'!�I���-� � ti� "'1"1!1 1ifta�7�� 5 � •{; % �j/Imo' ���,;. � r�,a � �1�o .--' ��, Ql�.TJa, t �i1 `�{�,i i��itiC��t� �s ice+ �� �i�Jl✓ 1 r. n • !� •' 1�-7•y�► �r•�Al.r�i',e►�>`J►1�3 �° lot SIX \�4mPgl 6*cuucauay nuguSL 4. 1993 Page 1 of 1 MM ------------------------------------------------------------------------------ PRELIMINARY CONSTRUCTION ESTIMATE STERLING AVENUE ACCESS COSTS TRACT 14112 JULY 22. 1993 1. ) Sterling Avenue Entry Road 288.620.22 2. ) Landscape Mitigation (Natural Area) 177. 500.00 3. ) Connector Road (On Tract) 108.4.14.48 4. ) Connector Road (Off Tract) 272,881. 54 5. ) Daley Canyon Road Connection 122.096. 68 TOTAL ESTIMATED COSTS 969, 512.92 -------------------------------------------------------------------------------- Wednesday August 4. 1993 Page 1 of 3 H146EST2 ------- ------------------------------------------------------------------------- PRELIMINARY CONSTRUCTION ESTIMATE STERLING AVENUE; TENTATIVE TRACT 14112 ENTRY ROAD AUGUST 4. 1993 SUMMARY CATEGORY COST Rough Grading: 10,312. 50 Sanitary Sewer: 22,190.40 Water: 25.240.00 Roadway/Street Improvements: 80.264.72 Public Utilities: 25,674.40 Landscaping: 83,700.00 Consultant Services & Fees: 15,000.00 Contingency Fee (10%) : 26.238.20 TOTAL ESTIMATED COST: 288,620. 22 -------------------------------------------------------------------------------- Wednesday August 4. 1993 Page 2 of 3 H146EST2 -- ----- ------------------------------------------------------------------------ PRELIMINARY CONSTRUCTION ESTIMATE STERLING AVENUE; TENTATIVE TRACT 14112 ENTRY ROAD AUGUST 4. 1993 PAGE 1 Quantity Unit Cost Unit Total Totals ROUGH/FINISH GRADING: Clearing & Grubbing 1.75 AC 750..00 1.312. 50 Excavation 10000 CY 0..90 9.000..00 10.312.50 SANITARY SEWER: 8" Sewer 780 LF 18.100 14.040.00 Sewer Manhole 4 EA 1500..00 6.000.00 Adjust Sewer MH to Grade 4 EA 350.00 1.400.00 Sewer P1 Ch/Insp. (3. 5%) 1 LS 750., 40 750.40 22.190.40 WATER: 8" Main 720 LF 22,.00 15.840.00 8" Valves 2 EA 750..00 1,500.00 Fire Hydrant 3 EA 18001.00 5.400.00 Hot Tap 1 EA 2500,.00 2.500.00 r- 25.240.00 ROADWAY/STREET IMPROVEMENTS: 8" Curb and Gutter 1492 LF 7,.50 11. 190.00 8" Curb Only 63 LF 51.00 315.00 Conc. Cross Gutter 516 SF 2,.50 1,290.00 3" A.C. Pvmt/4" A.B. 29917 SF 1.. 10 32,908.70 Concrete Sidewalk 9541 SF 1,.75 16.696.75 Traffic/Street Signs 1 EA 1501.00 150.00 Traffic Signal Share 1 LS 15000,.00 15,000.00 Plan Check/Insp. (3. 5%) 1 LS 2714.27 2,714. 27 80.264.72 PUBLIC UTILITIES: Gas 720 LF 7 .20 5.184.00 Street Lights 4 EA 2200.00 8.800.00 Electrical Energy Fee 4 EA 480.00 1.920.00 (Street Lights) Electric Service 720 LF 13. 57 9.770.40' 25,674.40 LANDSCAPING: Slope & Entry Landscaping 2.03 AC 40000.00 81,200.00 Landscape Plan 1 EA 2500.00 2. 500.00 83.700.00 -------------------------------------------------------------------------------- Wednesday August 4. 1993 Page 3 of 3 H146EST2 -------=------------------------------------------------------------------------ PRELIMINARY CONSTRUCTION ESTIMATE STERLING AVENUE; TENTATIVE TRACT 14112 ENTRY ROAD AUGUST 4, 1993 PAGE 2 Quantity Unit Cost Unit Total Totals CONSULTANT SERVICES & FEES: Soils Eng. & Insp. 1 LS 5000..00 5,000.00 Engineering 1 LS 5000.00 5.00000 Construction Staking 1 LS 5000.00 5.000.00 15.000.00 GRAND TOTAL 262.382.02 The quantities and costs used on these pages are approximate and were figured using preliminary information. No final engineering plans have been completed. All City. County and Utility fees may change at any time. There may be costs not foreseen at this time that can only be estimated. after a final design has been completed. Neither the engineer nor the developer guarantees these quantities or costs. and any . financial decisions should be made accordingly. W. J. McKeever Inc. Dennis Stafford -------------------------------------------•------------------------------------- Awcor ELit�! T -- : , - .. go JR 1 t - »: � :' ter.•:, .-•• •,.- - / r • •• 00.0 •��23�'Lam. - " .. -�= - - `.;\\ ,- - WednesdAy August 4. 1993 Page 1 of 1 R-146EST5 -------------------------------------------------------------------------------- PRELIMINARY CONSTRUCTION ESTIMATE TRACT 14112; LANDSCAPE MITIGATION AREA AUGUST 4, 1993 Quantity Unit Cost Unit Total Totals LANDSCAPE MITIGATION: Revegetation Area 6.90 AC 25000.00 172.500:00 Landscape Plan 1 EA 5000.00 5,000.00 177,500.00 -------------------------------------------------------------------------------- Ai ! MAN ` Zip Ot Ism Malt tj ft74MMA43i al, NiAlwg 1, OP. Thursday July 22. 1993 Page 1 of 2 H146EST3 --------------------------------------------------------------------------------- PRELIMINARY CONSTRUCTION ESTIHATE CONNECTOR ROAD (ON TRACT) TRACT 14112 JULY 22. 1993 r SUHMARY CATEGORY COST Rough Grading: 9.750.00 Sanitary Sewer: 11.840.40 Roadway/Street Improvements: 32.177.12 Public Utilities: 14.291. 10 Landscaping: 18.500.00 Consultant Services & Fees: 12.000.00 Contingency Fee (10%) : 9.855.86 TOTAL ESTIMATED COST: 108.414.48 -------------------------------------------------------------------------------- Thursday July 22. 1993 / Page 2 of 2 H146EST3 -------------------------------------------------------------------------------- PRELIMINARY CONSTRUCTION ESTIMATE CONNECTOR ROAD (ON TRACT) ENTRY ROAD JULY 22, 1993 PAGE 1 Quantity Unit Cost Unit Total Totals ROUGH/FINISH GRADING: Clearing & Grubbing 1 AC 750.00 750.00 Excavation 10000 CY 0.90 9.000.00 t 9.750.00 SANITARY SEWER: 8" Sewer 430 LF 18.00 7,740.00 Sewer Manhole 2 EA 1500.00 3,000.00 Adjust Sewer MH to Grade 2 EA 350.00 700.00 Sewer P1 Ch/Insp. (3. 5%) 1 LS 400.40 400.40 11.840.40 ROADWAY/STREET IMPROVEMENTS: 8" Curb and Gutter 860 LF 7. 50 6,450.00 3" A.C. Pvmt/4" A.B. 14190 SF 1. 10 15. 609.00 Concrete Sidewalk 5160 SF 1.75 9,030.00 Plan Check/Insp. (3.5%) 1 LS 1088. 12 1,088. 12 32,177. 12 PUBLIC UTILITIES: Gas 430 LF 7.20 3.096.00 Street Lights 2 EA 2200.00 4,400.00 Electrical Energy Fee 2 EA 480.00 960.00 (Street Lights) Electric Service 430 LF 13. 57 5.835. 10 14.291. 10 LANDSCAPING: Slope Planting 0.40 AC 40000.00 16,000.00 Landscape Plan 1 EA 2500.00 2,500.00 18.500.00 CONSULTANT SERVICES & FEES: Soils Eng. & Insp. 1 LS 4000.00 4.000.00 Engineering 1 LS 4000.00 4,000.00 Construction Staking 1 LS 4000.00 4,000.00 12.000.00 GRAND TOTAL 98.558. 62 The quantities and costs used on these pages are approximate and were figured using preliminary information. No final engineering plans have been completed. All City. County and Utility fees may change at any time. There may be costs not foreseen at this time that can only be estimated after a final design has been completed. Neither the engineer nor the developer guarantees these quantities or costs. and any. financial decisions should be made accordingly. W. J. McKeever Inc. Dennis Stafford --------------------------------------------------------------------------------- 1 1 ♦ • i sib 1• "/ ���,�f,�.l�®��: �,� 1 I. `�P , .fie �.�F' • 4l, , Pk 1 . ✓ Ewa�1���!` ♦ 1 i � Aw .♦ , IV Thursday July 22. 1993 Page 1 of 2 H146EST4 -.---- ------------------------------------•------------------------------------- , PRELIMINARY CONSTRUCTION ESTIMATE CONNECTOR ROAD (OFF TRACT) JULY 22. 1993 SUMMARY t CATEGORY COST Rough Grading: 47.062. 50 Sanitary Sewer: 16.125.30 Storm Drains: 11.250.00 Roadway/Street Improvements: 49.388.13 Public Utilities: 21.748.20 Landscaping: 86.500.00 Consultant Services & Fees: 16.000.00 Contingency Fee (10$) : 24.807.41 iTOTAL ESTIMATED COST: 272.881. 54 k" Thursday July 22. 1993 Page 2 of 2 H146EST4 -- ----------------------------------------------------------------------------- PRELIMINARY CONSTRUCTION ESTIMATE CONNECTOR ROAD (OFF TRACT) JULY 22, 1993 PAGE 1 Quantity Unit Cost Unit Total Totals ROUGH/FINISH GRADING: Clearing & Grubbing 2.75 AC 750.00 2.062. 50 Excavation 50000 CY 0.90 45.000.00 40,062.50 SANITARY SEWER: 8" Sewer 660 LF 18.00 11,880.00 Sewer Manhole 2 EA 1500.00 3.000.00 Adjust Sewer MH to Grade 2 EA 350.00 700.00 Sewer P1 Ch/Insp. (3.5%) 1 LS 545.30 545. 30 16, 125.30 STORM DRAINS: Bench Drain (5' ) 4500 SF 2.50 11.250.00 11.250.00 ROADWAY/STREET IMPROVEMENTS: 8" Curb and Gutter 1320 LF 7.50 91900.00 3" A.C. Pvmt/4" A.B. 21780 SF 1. 10 23.958.00 Concrete Sidewalk 7920 SF 1.75 13.860.00 Plan Check/Insp. (3. 5%) 1 LS 1670. 13 1,670. 13 49.388. 13 PUBLIC UTILITIES_ Gas 660 LF 7.20 4,752.00 Street Lights 3 EA 2200.00 6,600.00 Electrical Energy Fee 3 EA 480.00 1,440.00 (Street Lights) Electric Service 660 LF 13.57 8.956.20 21.748.20 LANDSCAPING: Slope Planting 2. 10 AC 40000.00 84.000.00 Landscape Plan 1 EA 2500.00 2,500.00 86.500.00 CONSULTANT SERVICES & FEES: Soils Eng. & Insp. 1 LS 5000.00 51000.00 Engineering 1 LS 5000.00 5.000.00 Construction Staking 1 LS 6000.00 6.000.00 16.000.00 GRAND TOTAL 248,074. 13 The quantities and costs used on these pages are approximate and were figured using preliminary information. No final engineering plans have been completed. All City, County and Utility fees may change at any time. There may be costs not foreseen at this time that can only be estimated after a final design has been completed. Neither the engineer nor the developer guarantees these quantities or costs, and any financial decisions should be made accordingly. W. J. McKeever Inc. Dennis Stafford t 1 1 �• Ilk 'F IV Pi IfAAW IL 11 _ld_,\+s yam. �♦ ,� �� � 4t \ �^�� 'mss\ _ s• o ..� � j � � A --1�, 1• v t! . ;� ' Wednesday August 4. 1993 Page 1 of 2 H146EST6 --------------------------------------------------------------------------------- PRELIMINARY CONSTRUCTION ESTIMATE TRACT 14112; DALEY CANYON ROAD CONNECTION AUGUST 4. 1993 SUMMARY CATEGORY COST Roadway/Street Improvements: 53,996. 99 Landscaping: 41.500.00 Consultant Services & Fees: 15, 500.00 Contingency Fee (10%) : 11.099.70 TOTAL ESTIMATED COST: 122,096.68 x- -------------------------------------------•------------------------------------- Wednesday August 4. 1993 Page 2 of 2 U146EST6 -------------------------------------------------------------------------------- PRELIMINARY CONSTRUCTION ESTIMATE TRACT 14112; DALEY CANYON ROAD CONNECTION AUGUST 4. 1993 PAGE 1 Quantity Unit Cost Unit Total Totals ROADWAY/STREET IMPROVEMENTS: 8" Curb and Gutter 540 LF 7.50 4,050.~00 3" A.C. Pvmt/4" A.B. 8910 Sr 1. 10 91801.00 Road Grading 800 CY 2.00 1.600.00 Structural Bridge 360 SF 102.00 36.720.00 Plan Check/Insp. (3. 5% ) 1 LS 1825.99 1,825.99 53.996.99 LANDSCAPING: Open Space Landscape 1.00 AC 40000.00 40.000.00 Landscape Plan 1 EA 1500.00 1. 500.00 41.500.00 CONSULTANT SERVICES & FEES: Soils Eng. & Insp. 1 LS 3000.00 3.000.00 Engineering 1 LS 7500.00 7.500.00 Construction Staking 1 LS 5000.00 5.000.00 15.500.00 GRAND TOTAL 110.996.99 The quantities and costs used on these pages are approximate and were figured .using preliminary information. No final engineering plans have been completed. All City. County and Utility fees may change at any time. There may be costs not foreseen at this time that can only be estimated after a final design has been completed. Neither the engineer nor the developer guarantees these quantities or costs, and any financial decisions should be made accordingly. W. J. McKeever Inc. Dennis Stafford -------------------------------------------------------------------------------- nor v / c 4w . v1: !. Tit1/9 Ti?ACT W11-1- 6q SF?IIEO BY THE SAN B,I NAQO/NO UN/F/EO SM100L D/STR/C. ~� z MIS MMIT /t/U ,t/0T IA14CLI1OE SUBS/D/ZED MUSES. 3. ALL EX/SrWG BUlLD/M;S 4oI 5'TRImCTURES W/[L Q-',fzroo'ED O.P LEvmI5 PRIOR 727 COA16'T,pUMON. 4. FOe T,PEE$ K//Th/D/A. OF(o' OR MORE SEE "TREE IMISM'ORY MAP, 0 MAC Sr.CRIJAI6 TRACT, SAN BElfNA.PD/NGj CA. 5 OPEN SPACE LOTS TO SE AOW LAUO.SCAPE•AS5,c-55mENT DIST Icr 4111 C/ SAN BEPNA. OIA14 REQv/.PE•s "726.. y 6. PAO A,PEAS S110K/rtr'O�f/LOlS /;? ?O, 7B, 2�?30, 33, 40, 52 53 APE EXCLUS/, • �•.. PAD .44W Wlhh''141 W411-r BM F.. ' B'WeSl?Al*l NO CO. , OF EA EME.VT FOR P/PE- f Q Q • FLa7o COM M M GvST. L/rVES �/NC1Z)d AfrW4 v ' _ ( 'R/w�•e o.. . /302/342 RZA090SES' PEW /.ST.'REG f Q j t _ .I[,(.t/E 4 /1 4W.. 4246, 24'05"W \ : 4` EkIST. W2 DESX' 77 P2MA/N) `. Or Ex 30' , •• g . yr / �I /O,A'�O F .4 •*�• PTO 6E ✓QCATE`O J 1570 � L[ ; PfS►O /3,loo - f '� $O`� r 173' _ Z7 P.E. �l ti 1 ' /4„4oO 5 f__- THE STERLING AVE. AREA PRIMARY / SECONDARY ACCESS E.V.W.D. 3 MILLION GALLON RESERVOIR / MAIN FACILITIES 6/8/93 Quantity Cost Total Alternate 1 ( 1: 1 Slopes) ------------------------ 1) Hass Grading 55000.00 CY 1.25 68750.00 2) Subexcavation (3' under tank) 1650.00 CY 1. 50 2475.00 3) Bench Drains (5' ) 2750.00 SF 2.50 6875.00 4) Access Road Pavement (2 1/2" ) 14143.00 SF 0.90 12728.70 5) A.C. Dike 1010.00 L£ 5.00 5050.00 * TOTAL 95878.70 Alternate 2 (1 1/2: 1 Slopes) ---------------------------- 1) Hass Grading 95000.00 CY 1.25 118750.00 2) Subexcavation (3' under tank) 1650.00 CY 1.50 2475.00 3) Bench Drains (5' ) 8350.00 SF 2. 50 20875.00 4) Access Road Pavement (2 1/2" ) 14143.00 SF 0.90 12728.70 S) A.C. Dike 1010.00 LF 5.00 5050.00 * TOTAL 159878.70 NOTE: This site grading does not balance onsite. Alternative 1: 55,000 CY Export Alternative 2: 95.000 CY Export ACCESS ROAD FROM FOOTHILL DR. NORTH 1500' +/- TO E.V.W.D. RESERVOIR ( 16' A.C. PAVEMENT WITH A.C. DIKE) Quantity Cost Total 1) Hass Grading 25000.00 CY 1.50 37500.00 2) Access Road Pvmt (2 1/2" ) 27000.00 SF 0.90 24300.00 3) A.C. Dike 3000.00 LF 5.00 15000.00 4) Drainage Facilities 1.00 LS 15000.00 15000.00 5) Landscape/Mitigation (DFG 1601 Agr. ) * TOTAL 91800.00 FOR DISCUSSION PURPOSES ONLY. * Excludes but not limited to: 1) Engineering/Surveying 2 ) Geology/Soils Engineering 3) Landscaping/Mitigation 4) Dept. of Fish and Game 1601-1603 Agreements 5) U.S. Corp of Engineers National, Permit V. J. HoKEEVER INC. CIVIL DGI1EERIW THE STERLING AVE. AREA PRIMARY / SECONDARY ACCESS E.V.W.D. 3 MILLION GALLON RESERVOIR/ MAIN FACILITIES 6/8/93 MASTER FILE H146 : HODGDON- SECRET HOLLOW RANCH SCALE : 100 EX DTM FILE # 217 : EXIST. : GEF OF EXIST. NAT. GROUND PR DTM FILE # 218 : PROPOSED : GEF FOR 1: 1 E.V.W.D. RESERVOIR SITE BORDER FILE # 1152 BORDER # 1 : BORDER FOR 1: 1 SLOPE: SHRINKAGE : O SUBSIDENCE APPLIED TO EX DTM : 0 ft RAISED(-t-) /LOWERED(-) APPLIED TO PR DTM : 0 -Ft GRID RANGE MIN ROW , COL 241 , 238 MAX ROW , COL 243 , 242 COMPUTED CELLS : 402 UNCOMPUTED "CELLS : 26 ( 6.07 %) (1) CUT * 54,422. 18 CY (2) FILL ** 542.07 CY (3) (1) X (1 - SHRINKAGE) : 54,422. 18 CY (4) (2) / (1 - SHRINKAGE) : 542.07 CY (5) E (3)-(2) 3 53,880. 11 CY EXPORT (6) E (1)-(4) 3 53,880. 11 CY EXPORT (7) TOTAL CUT AREA 58, 125 sq ft 1.33437 Acres (8) TOTAL FILL AREA 4,219 sq ft 0.09685 Acres (9) TOTAL DAYLIGHT AREA ; 469 sq ft 0.01076 Acres (10) TOTAL COMPUTED AREA 62,813 sq ft 1.44198 Acres (11) TOTAL UNCOMPUTED AREA 4,063 sq ft 0.09326 Acres (12) GRAND TOTAL AREA 66,875 sq ft 1.53524 Acres U. J. HoKEEVER INC. CIVIL amm"Im p OWN"Mt.tMQT.Ann a fl tN..KM. NMI ow Mt-[PM 600 o FAULT_. ­ZONE 0 00 _. 5.7:t ACRES o4 MILLION �o ' pALLON ( l� m H= 32* / c� ff� %D- 127. oe S K' � rr � 1/ 680'_ CITY/ ED. LITTLE S D CYN. DE ENT ' s ,%o .'i• \',gj DGF 16 .1603 E� ' U.S. CORP. NWIDE AGR: T AND R ERVOIR L ATION P j' , CITY/ E.D.A. THE STERLING AVE. .D./ CO RS ON LT S AREA LANDSCAPE/ MITIGATION PLANS GF CHNICAL UDY AT -10-92 ��� ' - -�- UB V. J.: MoKEEVER INC. avn oaumna THE STERLING AVE..AREA PRIMARY / SECONDARY ACCESS E.V.W.D. 3 M ODUON GALLON RESERVOIR / MAIN FACILITIES THE STERLING AVE. AREA PRIMARY / SECONDARY ACCESS E.V.'W.D. 3 MULLION GALLON RESERVOIR/ MAIN FACILURES 6/8/93 MASTER FILE H146 : HODGDON- SECRET HOLLOW RANCH SCALE : 100 EX DTM FILE # 217 : EXIST. : GEF OF EXIST. NAT. GROUND PR DTM FILE # 219 : PROPOSED : GEF OF 1 1/2: 1 .E.V.W.D. RESERVOIR SITE BORDER FILE # 1152 BORDER # 2 : BORDERT FOR 1 1/2 : 1 SLOPE SHRINKAGE : 0 SUBSIDENCE APPLIED TO EX DTM 0 ft RAISED(+) /LOWERED(-) APPLIED TO PR DTM 0 ft GRID RANGE MIN ROW , COL 240 , 238 MAX ROW , COL 244 , 243 COMPUTED CELLS : 742 - UNCOMPUTED CELLS : 24 ( 3. 13 %) 1) CUT ; 95,465.30 CY 2) FILL ** 803.59 CY ' S) (1) X (1 - SHRINKAGE) : 95,465.30 CY 1) (2) / (1 - SHRINKAGE) : 803.59 CY 5) E (3)-(2) ] 94,661.71 CY EXPORT 6) E (1)-(4) ] 94,661.71 CY EXPORT • 7) TOTAL CUT AREA 108, 125 sq ft 2.48221 Acres 3) TOTAL FILL AREA 7,656 sq ft 0. 17576 Acres 9) TOTAL DAYLIGHT AREA it-6, sq ft 0.00359 Acres 10) TOTAL COMPUTED AREA 115,938 sq ft 2.66156. Acres 11) TOTAL UNCOMPUTED AREA 39750 sq ft 0.08609 Acres (12) GRAND TOTAL AREA 1199688 sq- ft 2.74765 Acres EAU U. J. MoKEEVER INC. CIVIL vol"MIW Mw ww Mort.wrtR r t�� at+riw.rtr. ..a w 04rw rn FA U LT 1*10 ZONE.` SIC 5.7^ ACRES F P L\u _l oz V.W.D. CC Z, MILLION 4 GALLOti- PAI)c 1529.0 O 9-H= 32' 127.5% ILI 680*± eoc CITY E.De. --LITTLE 4AND CYN. \_DFAflEt0PMENT_. DGF 160 - •a03 kGREEMENT A U.S. CORP. NATM-WIDE AGR.__ EE: CITY/ E.D.A. THE STERLING AVE. AREA LANDSCAPE/ MITIGATION PLANS TO AND RESERVOIFt LOCATION PfR-- E . �.j - TS E.V. -CONVERSE.OQNSULTAW GEOTf-CHNI-CAL STUDY DATE4rG-10__92 W. J. tio,KEE�VER INC cm . etvIL 2taxoo 00 mom law.flow.mim&L aw"IMAN I L.W. a"ow THE STERLING AVE* AREA PRIMARY SECONDARY ACCESS E.V.W.D. 31 lEWON GAL.LON RESERVOIR / MAIN FACILITIES RESERVOIR LOCATION PER: E.V.W.D./ CONVERSE CONSULTANTS ECHNICAL STUDY DATED 6-10-92 FAULT' i 5.7g ACRES J� ); 'ZONE N 1 1/2 : 1 SLOPE E.V.W.D. MAIN E.V.W.D. 3 MILLION GALLON FACILITIES 0 FJ 1 ••��. RESERVOIR (OVERFLOW 1560') •FOR: IMPROVED WATER SYSTEM \\. ZONE AND FIRE PROTECTION 20' ACCESS ROAD j� ✓ WITH 16' A.C. ... PAVEMENT f (1500± LF.) y � LANDSCAPE/MITIGATION AREA DGF 1601— ­U.S. CORP. NATIONWIDE AGREEMENT MAGR. 1' • CITY OF SAN BERNARDINO WATER t` ... DEPARTMENT RESERVOIR \` 3 MILLION GALLON (1513') (LANDSCAPE/MITIGATION REVD) 4.0± ACRES EXIST. E.V.W.D. I MILLION GALLON DEDICATED STERLING AV ` = (TO BE REMOVED)RESERVOIR (EL. 1480) R/W. RECORDED 1-22-86 FAULT ''•ZONE W. J. t1oKEEVER INC etvu.aoswrm�No h m o �.�..xlK� „,.,R....... ..., .„-... FOOTHILL . ._.. ..• -. MR .. ..�� STERLING AVE. THE STERLING AVE. AREA PRBIARY / SECONDARY ACCESS E.V.W.D. 3 MILLION GALLON RESERVOIR/ MAIN FACUITIES 6-8-93 RESERVOIR LOCATION PER: .V.W.D.1 CONVERSE CONSULTANTS ECHNICAL STUDY ATED 6-10-92 5.7± ACRES FAULT-`N .f— f,.� :ZONE i j Z ••11!2 : 1 SLOPE E.V.W.D. MAIN FACILITIES Q ` (1700± LFa / E.V.W.D. 3 MILLION GALLON I • RESERVOIR (OVERFLOW 1560') FOR: IMPROVED WATER SYSTEM / ..ZONE AND FIRE PROTECTION v LANDSCAPE/MITIGATION AREA DGF 1601- 1603 AGREEMENT st Iy U.S. CORP. NATIONWIDE AGR. O Z 1— CITY OF SAN BERNARDINO WATER DEPARTMENT RESERVOIR 3 MILLION GALLON (1513') (LANDSCAPE/MITIGATION REOVJ 4.Ot ACRES EXIST. E.V.W.D. 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'fit ' �5 1 10 if•. 7 ° SITE a `� VICINITY INA1 u�u'�-` • Thursday March 18, 1993 Page 1 of 2 SCRTHOLO -------------------------------------------------------------------------------- PRELIMINARY CONSTRUCTION ESTIMATE SECRET HOLLOW RANCH DALEY BASIN EMERGENCY JOINT COOPERATION PLAN March 18, 1993 S U M M A R Y S H E E T SUMMARY CATEGORY COST Rough Grading: 256 , 600.00 Erosion Control/Landscaping: 25 , 240.00 Drainage Facilities: 268, 250.00 Basin Access Road: 54 , 565 .00 Consultant Services: 65 ,000.00 Contingency Fee ( 10% ) : 66 . 965. 50 TOTAL ESTIMATED COST: 736 , 620. 50 ASSUMPTIONS: 1. This estimate assumes no cost for delivery of the 80.000 cy of import from Daley Basin. 2 . This estimate does not consider on going Erosion Control maintenance. -------------------------------------------------------------------------------- Thursday March 18, 1993 Page 2 of 2 SCRTHOLC ----•---------------------------------------------------------------------------- PRELIMINARY CONSTRUCTION ESTIMATE SECRET HOLLOW RANCH SAN BERNARDINO. CA March 18, 1993 Quantity Unit Cost Unit Total Totals ROUGH GRADING: Clearing & Grubbing 26. 2 AC 1000.00 26 , 200.00 Excavation 216000 CY 0. 90 194, 400.00 Import Compaction 80000 CY 0. 45 36 ,000.00 256 , 600.00 EROSION CONTROL/LANDSCAPING: Seeding 26 . 2 AC 200.00 5 , 240.00 Tree Relocation 100 EA 100.00 10,000.00 Sand Bags/Drains etc. 1 LS 10000.00 10,000.00 25 , 240.00 DRAINAGE FACILITIES: Trapazoidal Channel 2350 LF 75.00 176 , 250.00 b-7 ' ; d-6 ' ; t-19 ' Headwall 2 EA 2500.00 5,000.00 Catch Basins 2 EA 5000.00 10,000.00 Junction Structure 1 EA 2000.00 2 ,000.00 Bench Drain ( 5' ) 1000 SF 2 . 50 2 , 500.00 84" RCP 350 LF 175.00 61 , 250.00 42" RCP 150 LF 75.00 11 . 250.00 268, 250.00 BASIN ACCESS ROAD: A. C. Pvmt. ( 2 1/2" /Native ) 35100 SF 0. 65 22 ,815.00 6" AC Dike 2700 LF 2. 50 6 , 750.00 Guard Rail 1250 LF 20.00 25 ,000.00 54, 565.00 CONSULTANT SERVICES : Engineering/Staking 1 LS 50000.00 50.000.00 Soils Engineering 1 LS 15000.00 15,000.00 65.000.00 -------------------------------------------------------------------------------- PRELIMINARY CONSTRUCTION ESTIMATE SECRET HOLLOW RANCH PRIMARY INFRASTRUCTURE April 1 , 1993 S U M M A R Y S H E E T SUMMARY CATEGORY COST Rough Grading: 256 , 600 .00 Erosion Control/Landscaping: 25 , 240.00 Roads: 422 , 675 .00 Drainage Facilities: 268, 250.00 Water: 802 , 880. 00 Sewer: 66 ,033. 00 Basin Access Road: 54 , 565 .00 Consultant Services: 131 ,000.00 Contingency Fee ( 100 ) : 202 , 724 . 30 SUBTOTAL: 2 , 229 , 967 . 30 Infrastructure Fees: 1 , 160, 890. 80 ____________ TOTAL ESTIMATED COST: 3, 390, 858 . 10 ASSUMPTIONS : 1 . This estimate assumes no cost for delivery of the 80,000 cy of import from Daley Basin, joint cooperation plan. 2 . This estimate does not consider on going Erosion Control maintenance . 3. The estimate for the Reservoir. Booster and 16" Main was taken from the City Water Department letter dated 9/3/92 and does not include any out of Zone Improvements. 1 . This estimate does not include permanent Irrigation and Landscaping. 3 . It is assumed that sewer will be connected to the future line in Sterling Avenue . S . The Sewer Connection fee assumes 3 bedrooms per unit. 1 . The Parks and Recreation Fee is is of the valuation of the home shown on the Building Permit. PRELIMINARY CONSTRUCTION ESTIMATE SECRET HOLLOW RANCH PRIMARY INFRASTRPCTURE Page 2 April 1 , 1993 Quantity Unit Cost Unit Total Totals ROUGH GRADING: Clearing & Grubbing 26 . 2 AC 1000.00 26 , 200. 00 Excavation 216000 CY 0. 90 194 , 400.00 Import Compaction 80000 CY 0. 45 36 ,000.00 256 ,600.00 EROSION CONTROL/LANDSCAPING: Seeding 26 . 2 AC 200.00 5 , 240. 00 Tree Relocation 100 EA 100.00 10,000.00 Sand Bags/Drains etc. 1 LS 10000.00 10,000.00 25 , 240.00 ROADS: A.C. Pvmt. 3"/4" Base 120150 SF 0. 80 96 . 120.00 Curb & Gutter 9020 LF 7 . 50 67 ,650.00 Sidewalk 19080 SF 1. 40 26,712 .00 Cross Gutter 1000 SF 2. 50 2 , 500.00 Street Lights 23 EA 1200.00 27 , 600.00 Street Signs 2 EA 150.00 300.00 Multiplate Tunnel 250 LF 750.00 187 , 500.00 Plan Ck & Insp. ( 3. 50 ) 14 , 293.00 422 , 675 .00 DRAINAGE FACILITIES: Trapazoidal Channel 2350 LF 75.00 176 , 250.00 b=7 ' ; d=6 ' ; t=19 ' Headwall 2 EA 2500.00 5,000.00 Catch Basins 2 EA 5000.00 10,000.00 Junction Structure 1 EA 2000.00 2 ,000.00 Bench Drain ( 5 ' ) 1000 SF 2. 50 2, 500.00 84" RCP 350 LF 175.00 61 , 250.00 42" RCP 150 LF 75.00 11 , 250.00 268, 250.00 WATER: 8" Main 3640 LF 22.00 80,080.00 12" Main 320 LF 30.00 9, 600.00 8" Valves 7 EA 700.00 4 , 900.00 12" Valves 1 EA 1100.00 1 , 100.00 Fire Hydrants 15 EA 1800.00 27 ,000.00 Pressure Reducing Station 2 EA 20000. 00 40,000.00 Reservoir/Booster/Plumbing 1 LS 625000.00 625 ,000.00 Reservoir Access Road 19000 SF 0. 50 9 , 500.00 2" /Native Plan Ck & Insp. ( 3. 5% ) 1 LS 5700.00 5 , 700.00 802 , 880.00 SEWER: 8" Main 2780 LF 15 .00 41 . 700. 00 Manholes 13 EA 1700.00 22 , 100.00 Plan Ck & Insp. ( 3. 50 ) 1 LS 2233.00 2 , 233. 00 66 ,033. 00 PRELIMINARY CONSTRUCTION ESTIMATE SECRET HOLLOW RANCH PRIMARY INFRASTRUCTURE Page 3 April 1 , 1993 Quantity Unit Cost Unit Total Totals BASIN ACCESS ROAD: A. C . Pvmt. ( 2 1/2" /Native ) 35100 SF 0. 65 22 ,815 . 00 6" AC Dike 2700 LF 2 . 50 6 , 750. 00 Guard Rail 1250 LF 20 .00 25 ,000. 00 54 , 565 .00 CONSULTANT SERVICES : Engineering/Staking 1 LS 96000.00 96 ,000. 00 Soils Engineering 1 LS 35000. 00 35 ,000. 00 131 ,000. 00 INFRASTRUCTURE FEES : Sewer Capacity Charge 180 EA 3390.00 610. 200. 00 Sewer Connection Charge 180 EA 728. 70 131 , 166 . 00 Water Acquisition Charge 180 EA 1400.00 252 .000.00 Storm Drain Fee 11 . 90 AC 5097 .00 60, 654. 30 Parks & Recreation Fee 180 EA 450.00 81 .000.00 Traffic Signal Fee 180 EA 83. 35 15.003. 00 Street Light Energy Fee 23 EA 472 . 50 10, 867 . 50 1 . 160. 890. 80 The quantities and costs used on these pages are approximate and were figured using preliminary information. No final engineering plans have been completed. All City. County and Utility fees may change at any time. There may be costs not foreseen at this time that can only be estimated after a final design has been completed. Neither the engineer nor the developer guarantees these quantities or costs. and any financial decisions should be made accordingly. W.J. ever Inc. Dennis Stafford 1 2 3 4 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ) SS 5 ITY OF SAN BERNARDINO ) 6 I, RACHEL CLARK, City Clerk in and for the City of San Bernardino DO HEREBY CERTIFY that he foregoing a d attached 7 copy of the City of San Bernardino �,�� �3-aa 13 is a full, true and 8 correct copy of that now on file in this office. 9 IN WITNESS WHEREOF, I have hereunto set my hand and ffixe the offic * e f the City of San Bernardino this 10 day of 11 12 Rachel Clark, City Clerk 13 - d 14 15 Depilty C o y Clerk 16 17 18 19 20 21 22 23 24 25 26 27 28 MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF- SAN BERNARDINO ADJOURNED REGULAR MEETING MARCH 22, 1993 COUNCIL CHAMBERS This is the time and place set for an adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino from the regular meeting held at 8:33 a.m. , Monday March 8, 1993, in the Council* Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The City Clerk has caused to be posted the order of adjournment of said meeting held on Monday, March 8, 1993, and has on file in the office of the City Clerk an affidavit of said posting together with a copy of said order which was posted at 10:00 a.m. , Tuesday, March 9, 1993, on the door of the place at which said meeting was held. The adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb at 8:29 a.m. , in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Estrada; City Attorney Penman. RECESS MEETING - CLOSED SESSION (1) At 8:29 a.m. the Mayor and Common Council and Community Development Commission recessed to closed session for the following: a. to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956.9(b) (1) , as there is significant exposure to litigation; b. based on existing facts and circumstances, set out below, the City Council is meeting only to decide whether a closed session is authorized pursuant to California Government Code Section 54956. 9 (b) (2) ; 1 3/22/93 C. to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956.9 (c) , so that Council/Commission may decide whether to initiate litigation; d. to consider personnel matters pursuant to Government Code Section 54957; e. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities pursuant to Government Code Section 54957; f. to give instruction to the City' s/Commission's negotiator on the purchase of property pursuant to Government Code Section 54956.8. The real property which the negotiations concern is generally located at The identity of each person with whom negotiations are authorized is: g. to meet with an applicant for a City license and the applicant's attorney pursuant to Government Code Section 54956.7; h. to meet with the Chief of Police regarding matters of public security pursuant to Government Code Section 54957; i. to confer with the attorney regarding pending litigation which has been initiated formally to which the City . is a party to pursuant to Government Code Section 54956.9(a) as follows: Stubblefield Construction Company, et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 242998; San Bernardino Superior Court Case No. 252058; Tomas Armendariz, et al vs. James F. Penman, et al - United States District Court Case No. 91-5757; Julie M Thompson vs City of San Bernardino, et al - United States District Court Case No. SA CV-92-888 GT (RWRx) ; Leslie Bond vs Community Development Commission, et al- San Bernardino Superior Court Case No. 276373; Paul Stark vs. City of San Bernardino - San Bernardino Municipal Court Case No. 138304; 2 3/22/93 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN SAID CITY AND THE STUBBLEFIELD CONSTRUCTION COMPANY, RELATING TO ACCESS FOR THE PARCEL NORTH OF HIGHLAND AVENUE AND EAST OF STATE ROUTE NO. 330 (Continued from March 8, 1993. ) (39) Discussion ensued relative to the processing of said agreement. Mark Ostoich, Esquire, Gresham, Varner, Savage, Nolan & Tilden, 600 North, Arrowhead Avenue, San Bernardino, CA, explained that the State of California Department of Transportation (Caltrans) has stated that if the contracts are not executed, the State will proceed with eminent domain procedures, therefore, it is urgent that the proposed resolution be adopted. Discussion ensued relative to the potential liability the City may incur by failing to take action on said resolution. Council Member Hernandez made a motion, seconded .by Council Member Pope-Ludlam, that said resolution be adopted. (Note: There was no vote taken at this time. ) Discussion ensued regarding the contents of said agreement and the adoption in principle of said resolution. Council Member Estrada made a substitute motion, seconded by Council Member Miller, that said resolution be referred to Planning & Building. Services to proceed with the environmental review process. (Note: There was no vote taken at this time. ) Discussion ensued relative to the urgency of taking action at this time. Tom Parrish, representing the Stubblefield Company, 2258 Bradford Avenue, Highland, CA, presented a letter to the Council dated December 17, 1992, from the State of California Department of Transportation (Caltrans) reflecting their position towards the Stubblefield Company. CITY ATTORNEY PENMAN EXCUSED At 3:25 p.m. , City Attorney James Penman left the Council meeting and was replaced by Deputy City Attorney Empeno. Discussion ensued regarding placing the City in a position of inverse condemnation. 28 3/22/93 Council Member Estrada made a motion, seconded by Council Member Miller, that said resolution be referred to Planning & Building Services for environmental review; and that the Director of Public Works/City Engineer be directed to write a letter to the Department of Transportation stating that the matter has been heard before the Mayor and Council and will- be processed as expeditiously as possible in accordance with appropriate administrative procedures. (Note: There was no vote taken at this time. ) Warner Hodgdon, P. O. Box 2146, San Bernardino, CA, presented a letter dated March 22, 1993, which expressed opposition to the project and stated that the primary/secondary access is substandard and does not meet City Fire, Health and Safety Codes. The liability to complete and bring these roads into compliance with City street standards is projected to cost $780,998. Council Member Estrada made a substitute motion, seconded by Council Member Miller, that said resolution be referred to Planning & Building Services for environmental review; and that the Director of Public Works/City Engineer be directed to write a letter to the State of California Department of Transportation (Caltrans) stating that the matter has been heard before the Mayor and Council and will be processed as expeditiously as possible in accordance with appropriate administrative procedures; and that staff be directed to investigate the $780,998 liability addressed in Warner Hodgdon's letter dated March 22, 1993 . The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Pope-Ludlam, Miller. Nays: Council Member Minor. Absent: None. RECESS MEETING At 4:01 p.m. , Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 4:12 p.m. , the adjourned regular meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman; City Clerk Rachel Clark; City Administrator Shauna Clark. 29 3/22/93 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN SAID CITY AND THE STUBBLEFIELD 3 CONSTRUCTION COMPANY, RELATING TO ACCESS FOR THE PARCEL NORTH OF HIGHLAND AVENUE AND EAST OF STATE ROUTE NO. 330 . 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 5 CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1 . The Mayor of the City of San Bernardino is 7 hereby authorized and directed to execute, on behalf of said 8 City, an agreement relating to access for the parcel north of 9 Highland Avenue and east of State Route No. 330 , between said 10 City and the State of California, acting by and through its 11 Department of Transportation, and the Stubblefield Construction 12 Co. , a copy of which agreement is attached hereto, marked Exhibit 13 "A" and incorporated herein by reference as fully as though set 14 forth at length. 15 SECTION 2. The agreement shall not take effect until 16 fully signed and executed by all parties. The City shall not be 17 obligated hereunder unless and until the agreement is fully 18 executed and no oral agreement relating thereto shall be implied 19 or authorized. 20 SECTION 3 . The authorization to execute the above- 21 referenced agreement is rescinded if the parties to the agreement 22 fail to execute it within ninety (90) days of the passage of this 23 resolution. 24 25 26 27 28 2-08-93 CONSTRUCTION CO. RELATING TO ACCESS FOR PARCEL EAST OF STATE RC" 'E 330 . 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mayor and Common Council of the City of San 3 Bernardino at a meeting thereof, held on the 4 day of 1993 , by the following vote, to-wit: 5 Council Members: AYES NAYS ABSTAIN ABSENT 6 ESTRADA 7 REILLY 8 HERNANDEZ 9 MAUDSLEY 10 MINOR 11 POPE-LUDLAM 12 MILLER 13 14 Rachel Clark, City Clerk 15 The foregoing resolution is hereby approved this 16 day of 1993 . 17 18 W. R. Holcomb, Mayor 19 City of San Bernardino Approved as to form 20 and legal content: 21 James F. Penman City Attorney 22 23 By�/1/. 24 25 26 27 28 _ 2 _ RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Mark A. Ostoich Es q. Q GRESHAM, VARNER, SAVAGE, NOLAN & TILDEN 600 N. Arrowhead Avenue Suite 300 San Bernardino, CA 92401 AGREEMENT This Agreement is entered into on 1992, among the State of California Department of Transportation, ("CalTrans"), the City of San Bernardino, a municipal corporation, ("City") and Stubblefield Construction Company, a California corporation, ("Developer"). RECITALS A. CalTrans has jurisdiction of and is in the process of improving certain portions of Route 30, in the municipal limits of the City, as part of State Highway Project CU08201, EA157901 for Route 30 ("State Highway Project"). B. Under a pending agreement between CalTrans and the Developer, CalTrans is reserving and will improve a non-exclusive easement for utility and emergency access purposes ("Secondary Access Road") in the area depicted in Exhibit "A". The Secondary Access Road will provide utility and emergency access to and from certain contiguous real property owned by the Developer ("Developer's Property") and Route 30. C. In connection with the State Highway Project, CalTrans will also improve and dedicate to the City parts of former Route 30 which are depicted in Exhibit "B" ("East Frontage Road"). The East Frontage Road will provide access to and from the Developer's Property and Highland Avenue. D. In order to facilitate the orderly development of the Developer's Property and the general health, welfare and safety of the citizens of the City, the parties wish to enter into this Agreement to provide for the maintenance of the East Frontage Road and the Secondary Access Road and also to provide for the recognition of the East Frontage Road and the Secondary Access Road by the City, as legal access to and from the Developer's Property. This Agreement is intended to memorialize the discussions of CalTrans, the City and the Developer at a meeting held in the City's City Hall on April 13, 1992. As between the City and the Developer and for the limited purpose of vesting the East Frontage Road and the Secondary Access Road as legal access to and from the Developer's Property, this Agreement is also intended to be a Development Agreement within the meaning of Chapter 19.40 of the City's Development Code and Section 65864 et seq. of the California Government Code. - 1 CaffransAgree\5466-004 OPERATIVE PROVISIONS 1. Improvement of Roads. CalTrans will improve the East Frontage Road and the Secondary Access Road, in accordance with the plans and specifications for the State Highway Project. 2. Dedication and Acceptance of Roads. (a) On completion of the improvements to the East Frontage Road, CalTrans will dedicate the East Frontage Road to the City, in fee, and the City will accept the dedication of the East Frontage Road and will thereafter maintain the East Frontage Road in accordance with its maintenance standards for dedicated public streets. (b) On completion of the improvements to the Secondary Access Road, CalTrans will dedicate the Secondary Access Road to the City, by a non-exclusive easement for utility purposes and emergency ingress and egress, and the City will accept the dedication of the Secondary Access Road and will thereafter maintain the Secondary Access Road in a manner which will permit its use for utility purposes and emergency secondary access. (c) Because the Developer will continue to own, manage and develop the Developer's Property in reliance on the status of the East Frontage Road and the Secondary Access Road as legal, conforming access to and from the Developer's Property, as provided in paragraph 4., once accepted, neither the East Frontage Road nor the Secondary Access Road will be abandoned by the City, without the consent of the Developer. In addition, based on the same reliance by the Developer, the City will not delegate its obligation to maintain the East Frontage Road or the Secondary Access Road, without the consent of the Developer. 3. Legal Status of Roads. The City will recognize the East Frontage Road and the Secondary Access Road, as legal, conforming access to and from the Developer's Property, within the meaning of the laws of California and the City's Charter, Ordinances and Resolutions; provided, however, that the Developer's Property is used for purposes which are consistant with the City's General Plan. In addition, CalTrans will recognize the Secondary Access Road as legal, conforming Emergency Access to Route 30, under its Policy and Procedure No. 90-04, which was issued on July 9, 1990. 4. Development Agreement. (a) To the extent that either the East Frontage Road or the Secondary Access Road do not conform in any respect to the laws of California or the City's Ordinances or Resolutions, then, as between the City and the Developer and for the limited purpose of vesting the East Frontage Road and the Secondary Access Road as legal access to and from the Developer's Property, this Agreement will be deemed a Development Agreement within the meaning of Chapter 19.40 of the City's Development Code and Section 65864 et seq. of the California Government Code. (b) Without limiting the effect of subparagraph 5.(a), the parties acknowledge that the Developer intends to develop the Developer's Property in the future and that, in connection with any such development, the permitted uses of the Developer's Property, the density or intensity of use on the Developer's Property and the maximum size 2 Ca]TransAgreekS464-004 and height of buildings on the Developer's Property will be governed by the development plan for the Developer's Property which is ultimately agreed to by the Developer and the City. (c) The continued status of the East Frontage Road and the Secondary Access Road as legal, conforming access to and from the Developer's Property, will be subject to satisfaction of the conditions which are described in Exhibit "C". (d) As between the City and the Developer, this Agreement will be subject to amendment as follows: (i) Immaterial amendments to this Agreement may be made by agreement between the Developer and the Director of Planning and Building Services of the City. (ii) Material amendments to this Agreement will require the consent of the Developer, as well as approval by the City's Planning Commission and the City's City Council, following such investigations, findings and other procedures as are required by the laws of California and the City's Charter, Ordinances and Resolutions. 5. Term. The term of this Agreement will commence on the date of entry into this Agreement and will continue for 50 years thereafter. 6. Covenant of Good Faith. The parties will cooperate with one another in good faith in the performance of this Agreement, so the intent of this Agreement can be attained. 7. Further Acts. Whenever and as often as it is requested to do so by any other party, each party will execute, acknowledge and deliver or cause to be executed, acknowledged and delivered, any and all such further documents as may be necessary, expedient or proper to achieve the intent of this Agreement. 8. Inurement. The rights and obligations of the parties under this Agreement will inure to the benefit of and will bind their respective successors and assigns. Without limiting the effect of the foregoing, the Developer will have the right to assign its rights and delegate its obligations under this Agreement, in whole or in part, to any owner or owners of the Property. In addition, the provisions of this Agreement will constitute covenants running with the land as provided in the applicable law. 9. Construction. In all cases, the language in this Agreement will be construed simply, according to its fair meaning and not strictly for or against any party, it being agreed that the parties have participated in the preparation of this Agreement. Without limiting the effect of the foregoing, the parties acknowledge and agree that the City is restricted in its authority to limit its police power by contract and that the limitations in this Agreement are intended to reserve to the City all of its police powers which cannot be so limited. This Agreement will be construed, contrary to its stated terms if necessary, to reserve to the City all police power which cannot be restricted by contract. 10. Severability. Every provision in this Agreement is and will be construed to be a separate and independent covenant and, if any provision in this Agreement or the application of the same is, to any extent, found to be invalid or unenforceable, then the remainder of this Agreement or the application of that provision to circumstances other than those to which it is invalid or unenforceable, will not be affected by the same and each provision in this 3 Ca1TramAgree1S4 -ON Agreement will be valid and will be enforced to the extent permitted by law and the parties will negotiate in good faith for such amendments to this Agreement as may be necessary to achieve its intent, notwithstanding the invalidity or unenforceability. 11. Counterparts. This Agreement may be executed in counterparts, each of which will be deemed to be an original for all purposes and all of the counterparts will constitute one and the same Agreement. 12. Attorneys' Fees. If legal action is taken to enforce or interpret any provision in this Agreement, then the prevailing party in that action will be entitled to recover from the losing party all attorneys' fees, court costs and necessary disbursements in connection with that action. 13. Venue. Any legal action with regard to this Agreement will be brought, at the Developer's election, in either San Bernardino County Superior Court or in the United States District Court for the Central District of California. 14. Incorporation of Recitals. The Recitals in this Agreement are material and are incorporated by reference as though fully set forth hereat. ' 15. Incorporation of Exhibits. The exhibits to this Agreement are incorporated by reference as though fully set forth hereat. 16. Recordation. No later than 10 days after the date of entry into this Agreement, the Developer will, at its cost, record this Agreement in the Official Records of the San Bernardino County Recorder. SIGNATURES FOLLOW 4 caffraasAgr ekS46d-0Od CALTRANS State of California Department of Transportation By: Its: CITY City of San Bernardino, a municipal corporation By: Its Mayor ATTEST 'City Clerk APPROVED AS TO FORM AND LEGAL CONTENT ct Q , ,lCvc� C it Attorney DEVELOPER Stubblefield Construction Company, a California corporation By: Its: 5 CafframAgr=5464-OD4 STATE OF CALIFORNIA ) SS. COUNTY OF ) On 19 before me personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s) whose name (s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies) , and that by his/her/their signature (s) on the instrument the person (s) , or the entity upon behalf of which the person (s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State STATE OF CALIFORNIA ) • ) SS. COUNTY OF ) On 19 before me , personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s) whose name (s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies) , and that by his/her/their signature (s) on the instrument the person (s) , or the entity upon behalf of which the person (s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State STATE OF CALIFORNIA ) SS . COUNTY OF ) On 19 before me personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s) whose name (s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies) , and that by his signatures) on the instrument the person (s) , or the entity upon behalf of which the person (s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State �irZ. PO -t,XHiBZT�.A- '� 1i1 ` '�r.�_ ' ,_- ,�'',�•:�1 i d '�.: � : . original T i�� .Lull-scale" --exhibit.z on rile at E *:, ,�i1 ,► �J(( cne offices of STUBBLEFIM ' CONSTRUCTION COMPANY - ;�, 1 t'. \•aw. � il� ��,y to ` �� ' - �•� 1`, toA ''' %:F �� ��� .,' ./ r j •, •� __ �: j ;� ,.. .:. ,- ,,r�.�� � � sal :. �. N: / Ce t�r If r ngj-T!'!�''`• (( _ - ` _ �, �+�i'1��• Y.�.• t�{}?,1- a.V'f'i�,;�-'�'�` `\•� � � i7 l�, EXHIBIT ^B „ - t -- _`,,' \ -•,� �'1 /rir.( ?��--� 3,r ^ I Original _ ^i R –t'' i '•� i'�a - v — `l �^ "full–scale„ exhibit on fi. X 11 ' • ., �. ' . :�,� :' i ?. =+'~ ;;� , •a t the off ice i r of iSTUBBL£FIELD CONOTRUCTION A, COKP"y NNZ ly ki 1 stn � i'. •ti. � + �{• ` ��jj.� �� �, / Y / ,�l �• ,J r r I j<.a 11 �.�, ;�.., {t�1�1 0' � ,,,. .� r--L��� _ 1 C I T Y O F RECT.-ADMIN. OFF. 11120 M 11: 01 . an Bernardino DEPARTMENT O F P L A N N I N G AND B U I L D I N G SERVICES A L 8 0 U G H E Y . A 1 C P - O I R E C T O R July 14, 1992 Tom Parrish Stubblefield Development 2258 Bradford Avenue Highland, CA 92346 Dear Mr. Parrish: This letter is in follow-up to our meeting of Monday morning July 13, 1992, also attending this meeting was John Stubblefield, Arnold Stubblefield, Will Wright-Fire Chief, Roger Hardgrave-Director of Public Works, Al Boughey-Director of Planning and Building Services. The meeting was for City staff to become better familiar with the 20+ acre site east of Route 330 and north of Highland Avenue. (Here after referred to as the site) The site, when developed, would normally be required to have two standard means of access as required by City Code Section 19.30.200 6. and Fire Code Section 10.207(a) (b) (c) and (f) . "6. A tentative tract or parcel map shall provide for at least two different standard routes for ingress and egress. A standard route is a road which is dedicated to the City and has a minimum paved width of 24 feet.11 " (a) General. Fire apparatus access road shall be provided and maintained in accordance with the provisions of this section. (b) Where required. Fire apparatus access road shall be required for every building hereafter constructed when any portion of an exterior wall the first story is located more than 150 feet from the Fire Department vehicle access. Exceptions: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provision of this section may be modified. EXHIBIT "C" PRIDE 3 0 0 N O R T H O S T R E E T - S A N B E R N A R D I NO IN PROGRESS CALIFORNIA 92418 - 0001 (714 ) 364 -507115057 Tom Parrish July 14 , 1992 Page 2 2. When access roadways cannot be installed due to topographic, waterways, non-negotiable grades or other similar condition, the Chief may require additional fire protection as specified in Section 10.301(b) . 3 . When there are not more than two group R division three or group M occupancies, the requirement of this section may be modified, provided in the opinion of the Chief, fire fighting or rescue operations would not be impaired. More than one fire apparatus road maybe required when it is determined by the Chief that the access by single road maybe impaired by vehicle congestion, conditions of terrain, climatic conditions or other factors that could limit access. (c) Width. The unobstructed width of fire apparatus access road should not be less than 20 feet. (f) Surface. Fire apparatus access road shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all weather driving capabilities." It is generally the developers responsibility to provide all required access roads as part of the development. The subject site is unique in that a deep ravine runs north to south along the east side of the site and Route 330 (now being upgraded to freeway limited access standards) runs along the west side of the site. The principal access is from the south and because of a grade differential between the site and Route 330 and the ravine a second access route from the east and the west is impractical if not impossible. Access from the north is also limited because of Route 330 prohibits regular street intersection access. These constraints leave the site with only the south as the location for a standard route of ingress and egress. Given the site constraints either the site remains undeveloped or a second or secondary non-standard ingress and egress is agreed to that ensures public safety and comes as close as possible to providing two different standard routes for ingress and egress of a development. The following is the a minimum conditions for providing two different routes of ingress and egress recommended by staff. Tom Parrish July 14, 1992 Page 3 A. Standard Route. Principal (standard) ingress and egress will be provided by a dedicated street (constructed to the City standards) from Highland Avenue north to a turnaround (cul-de- sac) at the south end of the" site. Note: Caltrans is constructing this street and dedicating it to the City of San Bernardino. B. Second ingress and egress route. As mitigation for not being able to *provide a standard second route, two less than fully standard routes are being proposed. 1. A tunnel under Route 330 is being constructed approximately due west of the cul-de-sac and will connect to the west frontage road of Route 330. Conditions of Understanding; a. This tunnel is being built by Caltrans as part of upgrading Route 330. The tunnel is being built to Fire Department specification in terms of height and width. b. The approaches to the tunnel and bottom of the tunnel must be maintained by the owner of the site for emergency ingress and egress (maintained meaning free of obstruction such as rocks, debris, trees, gullies of such a size to prevent the use of the public and Fire Department in case of an emergency. Free of obstruction however does not prevent the owner of the site from limiting the use of the access as long as the emergency access is maintained by means of Fire Department lockboxes, etc. 2. Provide a twenty four (24) foot wide emergency access road from the cul-de-sac along the east side of the upgraded Route 330 to the north where the fire service road enters Route 330. .Conditions of Understanding; a. This road is to be constructed by Caltrans. The emergency access road surface will be native material (decomposed granite, sand, etc. ) on a stabilized base of a structural strength adequate to support Fire Department vehicles. Tom Parrish July 14, 1992 Page 4 b. The northern most section of the emergency access road owned by Caltrans will dedicated to the owner of the site. C. The owner of the site will record an emergency access easement dedicated to emergency use corresponding to the entire length of the emergency access road. d. Upon completion of Route 330 upgrade a turnoff from Route 330 (an ice/snow chainup area) will be constructed by Caltrans at the location which corresponds with the northern most end of the emergency access road. The Caltrans Route 330 Agreement with the City acknowledges that the City has the right to cut/remove this fence in case of an emergency. The repair of the fence in the event of emergency use of the access by the City will be the responsibility of the City. Fence posts of the fence separating Route 300 from private property will be located so as to not be in the middle of emergency access. e. Emergency access road must be maintained by the owners of the site in such a condition to permit public and Fire Department vehicle access in case of an emergency (maintained meaning free of obstructions the same as indicated for the tunnel access) - Item B.l.b. ) . C. Other Mitigation. The following mitigations are required at the time of project approval of the site and are higher standards than the standards contained in Chapter 19.15 of the City's Development Code entitled Foothill Fire Zone overlay District. 1. Devtlop a fire model of the site for the purpose of determining the extent of the fuel modifications zone and if the fuel modification standards as set forth in San Bernardino Municipal Code Section 19.15.020 6. V. are adequate. Standard provisions for maintaining the fuel modification zone will be required as a Condition of Approval of a project on the site. 2. Install fire sprinklers in all buildings of any future development. D. Other Requirements. All other development standards are those Tom Parrish July 14, 1992 Page 5 in existence and applicable at the time the project is deemed complete to begin Planning/Land Use approval process and/or at the time of filing for building code technical .plan check leading to the issuance of a building permit. Staff believes that the above conditions provides adequate public safety and meets the intent of City Code Sections requiring two standard routes from any development. At this point staff recommendations must be incorporated into a draft agreement and approved by the Common Council. The Public Works Department is responsible for coordinating the agreement with Caltrans and contractual consistency. If you have any questions, please don't hesitate to contact me at (714) 384-5057. Sinc rely, Larryv E. Reed, Assistant Director Planning and Building Services cc: Shauna Clark City Administrator James Penman City Attorney Al Boughey, Director Planning and Building Services Will Wright, Fire Chief Roger Hardgrave, Director Public Works/Engineering Henry Empeno, Deputy City Attorney Attorney's Office LER:das r STATE OF CALIFORNIA ) COUNTY OF SAN BERNRDINO ) ss CITY OF SAN BERNARDINO ) I, RACHEL CLARK, City Clerk in and for the City of San Bernardino, DO HEREBY CERTIFY, that the attached document titled "RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN SAID CITY AND THE STUBBLEFIELD CONSTRUCTION COMPANY, RELATING TO ACCESS FOR THE PARCEL NORTH OF HIGHLAND AVENUE AND EAST OF STATE ROUTE NO. 330" is a full, true and correct copy of that now on file in this office. The draft Resolution was presented at the meeting of the San Bernardino Mayor and Common Council on March 22, 1992 as item 139, however, it was not adopted. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of San Bernardino this 15th day October, 1993 . )eCeL CLARK City Clerk epu y WARNER W. HODGDON HEART BAR RANCH,ARROWHEAD SPRINGS POST OFFICE BOX 2146 SAN BERNARDINO.CALIFORNIA 924% (714)981-1547 November 1, 1993 713JWOPY: (714)886-9962 Mayor and Common Council City of San Bernardino 300 North "D" Street San Bernardino, California 92418 RE: City Obligation to Carol and Norman Chrzanowski,Sterling Avenue/Foothill Drive Requested January 28, 1991,Notarized, Accepted and Recorded by the City March 11, 1991 RE: City/EDA and Council October 21, 1993 and November 1, 1993 Meeting Agendas, i.e.: (1) Massive City Attorney Litigation and City Damage Liability Case(s), (2) City Attorney's LOSS AND SETTLEMENT of Stubblefield $11.537 Million Damages Against the City, Awarded April 2, 1991,and (a) Related City Attorney June 1992 Stubblefield Sterling Avenue Area and June 1992 Stubblefield east/west Rt. 330 Streambed Massive Grading Issues,and (b) Related City Attorney Stubblefield October 7, 1993 Planning/DERC Approval for: Sub-Standard Rt. 330/City Creek Access 50 Year Development Agreement, and (c) Related City Attorney October 21, 1993 Council Action For, $11 thousand Change Order to: November 6, 1991 Wal-Mart Development Agreement/Stubblefield: (City/EDA $1.2 Million Highland Avenue Area Improvements Cost, City Deferred $550 thousand Development Impact Fees, City Waived $1.2 Million Highland Avenue Non and Limited Access Cost for Development Land "Added Value", IVDA Project Boundary) (3) October 21, 1993 Home Builder Michael John Denied Deferred Fee Time Payment Plan (4) October 21, 1993 Rogers Bindery; 800±Employees; $10 Million Payroll and City/EDA 1983 Re-Location Assistance Considerations,including U.S. Regional Post Office (5) John Dukes California Street/Medical Center Drive Area Developments $18 Million; and (City/EDA applicable$8.5 Million Community Hospital Board Loan Guarantee) Dear Mayor and Common Council: Introduction: Chrzanowski Family True Heroes: The Carol and Norman Chrzanowski Family are TRUE COMMUNITY HEROES and do not deserve the City/EDA mishandled treatment and ridicule they have been subjected to without provocation over recent months. On January 28, 1991 the City requested, and then prepared, notarized and recorded on March 11, 1991 an Easement Deed from the Chrzanowski Family for Landscape/Re-Contouring Mitigation and appurtenant facilities at the S/E Corner of Sterling Avenue and Foothill Drive. This was freely given to the City even after the Chrzanowski's had spent and borrowed funds in the amount of $8900 to protect and repair their home following damage from the North City Property and Foothill Drive storm flows. HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 IT RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 2 SBVMWD Participation for 74% of City/EDA Obligations: By separate action the City subsequently requested the San Bernardino Valley Municipal Water District to pay 74% of the Projected $35 thousand mitigation cost as part of their underlying pipeline right-of-way easement. This would leave the City Cost to be paid from the City/EDA In-fill Improvement Bond proceeds, Account No. 650-0140, of $10 thousand only for curb, gutters and sidewalk rather than the full $35 thousand City Obligation. Mayor Minor's August 5, 1993 Directive with the City Attorney's Office and Comparable City Project Policy within the S.B. County Boundary: On September 23, 1993 I spoke to Mayor Minor regarding his August 5, 1993 Directive with the City Attorney's Office not to go forward with the prior City requested and June 20, 1993 approved SBVMWD Joint Participation Agreement Project because he viewed it would be a City/EDA $10 thousand expenditure within the S.B. COUNTY BOUNDARY. Therefore, the approved SBVMWD Agreement to off-set 74% of the $35 thousand recorded March 11. 1991 City Obligation was not allowed on the August 16, 1993 City/EDA Public Agenda. Accordingly, the August 5, 1993 Directive did not make Common Sense to me and Mayor Minor agreed to meet at a later date for documented clarification. This lead me to re- evaluate the comparable City Policy for the November 6, 1991 Wal-Mart/Stubblefield Highland Avenue Area Improvements reaching a City/EDA cost of $1.2 Million and $400 thousand of which were constructed within the City of Highland, but within the S.B. COUNTY BOUNDARY. Wal-Mart/S tub blefield Development City/EDA $1.2 Million Improvement Cost and $550 thousand Deferred City Development Impact Fees, but Deferred Fees denied Small Residential Developer: John Dukes California Street and Medical Center Drive $18 Million Capital Development: Roger's Bindery $10 Million Payroll for 1983 City/EDA Relocation Considerations: I had previously attended the October 21, 1993 and November 1, 1993 Council/EDA meetings to address related Agenda Items i.e. Wal-Mart Development Agreement/Stubblefield $11 thousand Change Order for: $1.2 Million City/EDA Highland Avenue Area Improvement Costs paid for, but within the IVDA Project Boundary and City Deferred $550 thousand Wal- Mart Development Impact Fees (DIF) by four year Time Payment Plan. The $11 thousand Change Order was approved by City/EDA Consent Calendar without Public Comment. Subsequently, a small residential developer was denied any consideration for deferred City Development Impact Fees, as the City Attorney advised there was no existing enabling Legislation for Time Payment Plan(s). The City Attorney had scrutinized the November 6, 1991 Wal-Mart/Stubblefield Development Agreement and approved the Deferred Time Payment Plan therein. John Dukes California Street/Medical Center Drive area $18 Million Capital Development Investment and related City/EDA Loans and personal guarantees were there HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 IT RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO.CALIFORNIA 92404,(714)883-0153 ���/// A WARNER W.HODGDON qttt�)FAMILY GROUP AFFMATE Page 3 discussed. Thereafter, the approval of related area City/EDA $8.5 Million loan Guarantee for a new Community Hospital Professional Office Building, without Board of Director/Chief Operating Officer Personal Guarantees was not discussed by the City/EDA. Roger's Bindery 1983 Relocation Assistance consideration for: (800± employees, $10 Million Annual Payroll and related City/EDA 1983 Relocation Assistance Considerations of $500 thousand reduced by principle and internal payments to $200 thousand ±) was discussed, including personal guarantees and City/EDA forgiven non State UCC collateral filing. Though I rose to the Podium on November 1. 1993, as the time grew late I did not press further to speak and therefore write this letter for the Official City/EDA Record regarding the above referenced subjects. Federal Court found the City and City Attorney Guilty of No Due Process on October 29, 1993 resulting in $400 thousand Damages to Budget Motel Owners: It is my understanding that on Friday, October 29, 1993 a Los Angeles Federal Court Jury found the City and City Attorney guilty for NO DUE PROCESS in the Budget Motel Case. As a result the City may face another new trial for Major Damages or Grant a costly $400 thousand Settlement. These are Over-Budget Costs from a depleted City General Fund. $1 Million Damages Trial for Super 7 Motel and other Statue of Limitations: Multi-Million City Damages Trial for Arden and Guthrie Apartments, No Due Process: Apparently there remains a series of such No Due Process Cases in Federal Court against the City regarding the handling of similar Code Enforcement Operations under the direction of the City Attorney's office. One of which is the Super 7 Motel and Damages asking for another $1 Million Damages. These outstanding matters may be viewed by the City as beyond the one year Statute of Limitations, however, under Civil Penalties of the State Business and Professional Code the Statute of Limitations may be up to five years. Another major on-going Damages Case Against the City includes, but not limited to, a similar situation now in Federal Court regarding the Highland Avenue - Arden and Guthrie Apartment property and it's related Multi-Million Action against the City for City Attorney, related No Due Process. I understand that the Plaintiffs attorney for the various Arden/Guthrie owners is the eminent Legal Counsel, Darlene Fischer Phillips, Esq. of Hill, Farrer and Burrill, Los Angeles. (For reference see City Attorney's Office for Court Decision and Consequence of Damages) (See attached November 6, 1993 Sun article"S.B. Settles with Motel Owner,$400,000" and Super 7$9 Million) Other Massive City Damage Litigation Cases and Multiple Liabilities: Stubblefield East/West Rt. 330 Mountain Shadows $11.537 Million Damages; and related November 1, 1993 Agenda Item for Council Closed Session Settlement: As you know, Ms. Phillips was also Legal Counsel for Stubblefield in the January 28, 1991 west Rt. 330 "Mountain Shadows" Trial Against the City. This matter is included on the,. HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 IT RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)8830153 A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 4 November 1, 1993 Council Agenda as a Closed Session Settlement Item. On April 2, 1991 the Jury awarded Stubblefield $11.537 Million in DAMAGES against the City for Violation of Rights to build 492± Low and Moderate Income Apartments located at west Rt. 330, Mountain Shadows. By ineptly losing this case also, the City Attorney has spent many hundreds of thousands of dollars in CITY OVER-BUDGET FUNDS on internal and outside attorneys subsequently retained to defend the City and to appeal these excessive Damages. 1991 Stubblefield Trial and Related 1990 Sterling Avenue Area/1992 Rt. 330 City Creek Issues: Ms. Phillips also represented the February 1992 Major Claim against the City/EDA regarding the property escrow interest of others in the City/EDA March 1992 $360 thousand acquisition of Foothill Drive/Sterling Avenue property (8.5 acres). This property is part of the contiguous City/Water Department "Managed Asset" of City fallow unmaintained property fronting Sterling Avenue (180 acres) and obtained April 15, 1974. This overall property is being implemented by the City/EDA as the Little Sand Canyon Development under a January 1991 City/EDA/SBMWD Joint Participation Agreement. As you know, MS Phillips (Stubblefield's Attorney) also represents the contiguous Sterling Heiahts Tentative Tract property (50 acres) under which the November 7, 1990 Planning/City Attorney mis-handling thereof, i.e. Sub-Standard Primary/Secondary Access and overall City process was used in SWORN TESTIMONY for the Stubblefield Mountain Shadows January 28, 1991 Trial and April 2, 1991 resulting $11.537 Million Damages awarded against The City. City Attorney November 1, 1993 request for Stubblefield Matter CLOSED SESSION: No Council Stampede for Stubblefield Settlement of$11.537 Million Damages: I noted on the Council's November 1, 1993 Supplemental Agenda, Item S-3 that there would be a 12:00 PM CLOSED SESSION regarding the Stubblefield Construction Company et al vs. City of San Bernardino et al - Superior Court Case No. 242998 and 242058, Court of Appeal Case No. E009749 (RE: $11.537 Million Settlement Agreement). The Mayor and Council should not be stampeded into costly settlement in CLOSED SESSION without the considered terms thereof also being fully heard first in Open Council Session for knowledgeable Public Input. (See attached November 1, 1993 Supplemental Agenda Item RE:Closed Session Item S-3 Stubblefield Stubblefield Rt.301330 Sworn Declaration to the Court Under PENALTY OF PERJURY: The April 2, 1991 $11.537 Million Damages to Stubblefield was lost by the inept handing of the Deputy City Attorney, Henry Empeno. By Stubblefield's October 23, 1990 SWORN DECLARATION submitted to the Court under PENALTY OF PERJURY there was a represented agreement to sell Rt. 330 Fill Material (300,000 cy for $900 thousand) to Caltrans/Contractor from the January 28, 1991 Trial 492 DU's Apartment Site and up to an additional $2.5 Million at $3 to $5 per cubic yard from another "Mountain Shadows" Borrow Site. These Sworn Stubblefield sales total approximately $3.4 million ±. Irrespective of Stubblefield's Sworn Declaration and representations to the Superior Court, and the City Attorney's acceptance thereof. in April 1989 RSA-Highland Hills had committed to provide Rt. 30/330 Fill Material to Caltrans/Contractor AT NO COST. Stubblefield October 23, 1990 Sworn Declaration under Penalty of Perjury, Quote: HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 18SO QHEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 IT RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 ����VVVV A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 5 3. Certain of the real property owned by plaintiffs is in close proximity to a freeway project planned by Caltrans. This freeway project is known as the"Cross-Town Freeway"and is an extension of Freeway 330.Approximately four years ago,Caltrans contacted plaintiffs and indicated its interest in using fill dirt from plaintiffs'planned project. Caltrans officials advised plaintiffs that it required approximately 300,000 cubic yards of dirt for the first phase of the freeway proj Because plaintiffs have been unable to gain the City's approval of their development project,plaintiffs were unable to enter into an agreement with Galtrans(contractor)for such fill dirt. Caltrans(The Contractor) has since obtained that dirt from other parties at significantly higher cost. As a consequence,plaintiffs lost, at a minimum, $900,000 as a result of their inability to contract v11ith Caltr2AS 4. Caltrans has now advised plaintiffs that it is accepting bids for fill dirt for the second phase of the freeway project. Caltrans has further informed plaintiffs that it requires approximately 450,000 cubic yards of dirt and the (contractor) is willing to pay between $3.00 and $5.00 per cubic yard. If this lawsuit is promptly resolved in plaintiffs' favor,plaintiffs will have an opportunity to enter into an agreement with Caltrans to provide this fill. I declare under penalty of perjury that the foregoing is true and correct. Signed by,Arnold Stubblefield October 23, 1990 City Attorney's Added Multi Million City Cost for Outside Attorneys: Following the April 2, 1991 Jury's verdict and $11.537 Million Damages award to Stubblefield, the City Attorney then retained the outside legal firm of Maclachlan, Burford and Arias to represent the City and City Attorney's Office. Their Legal Fees and Billings for this and various Defenses of City legal matters has cost the City well over $1 Million thus far. On June 2. 1992, 14 months after the April 2, 1991 verdict awarding Stubblefield $11.537 Million against the City, the City Appeal was competently prepared and filed in the Forth Appellate District Court by Christopher D. Lockwood, Esq. and Joseph Arias, Esq. of that firm. The June 2, 1992 Front page of the appeal is attached for reference. (See attached Front Page of the June 2, 1992 Appeal RE:Case No. 242998 RE: Stubblefield vs.The City$11.537 Million) (Comment: On June 19, 1992, shortly after filing the Stubblefield June 2, 1992 Appeal, the City Attorney wrote the Grand Jury regarding: (1) City Change Orders by the Mayor, (2) un-permitted Graders Grading for roads, curbs, gutters and infrastructure to develop House Lots and Apartment Pads, and (3) Management Audit of Mayor/City Attorney's Office. The October 23, 1990 Stubblefield Sworn Declaration, under Penalty of Perjury, regarding sale of$3.4 Million Fill-Material to Rt. 330 Caltrans/Contractor and the November 7, 1990 Planning/City Attorney mis-handling of Sterling Heights/Sterling Avenue Area for Sub-Standard Access were used in Sworn Testimony for the January 28, 1991 Stubblefield Trial against the City and resulting $11.537 Damages) City Attorney's July 15, 1991 Recommended City General Plan Amendment for Stubblefield "Mountain Shadows" 766% Density Increase: Following the Stubblefield April 2, 1991 $11.537 Million Damages, the City Council followed the City Attorney's recommendation on July 15, 1991 for the City to Initiate an Amendment to the June 2, 1989 Updated City General Plan and FEIR giving Stubblefield's east/west Rt. 330 "Mountain Shadows" property a 766% Density Increase from 128 DU's to 973 DU's, including: HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 AT RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-01S3 ���VVVV A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 6 (1) 480 East Rt. 330/City Creek Canyon High Density Apartments (24 DU's per acre), (2) a 44 acre west Rt. 330 Borrow Site and Grading Plan Scheme for Stubblefield to Sell $2.5 Million of unneeded Fill Material (400/500 thousand cubic yards) by controlled Source and Price to the Rt. 330 Caltrans/Contractor, and in truth 80 underlying Mobil Home Lots with Sub- Standard Primary Access, (3) Highland Avenue Commercial Off-Site Street/Drainage Improvements costing the City over $400,000 thus far, and (4) added consideration of the City waving Stubblefield City Development Impact Permit Fees (Multi Millions) for the "Mountain Shadows" 766% Density Increase and Commercial Property. Attached hereto are the City July 15 1991 Certified Minutes ratify the City Attorney's recommendation for Stubblefield's 766% Density Increase. (See July 15, 1991 Certified Council Minutes RE:City Attorney Recommended General Plan Amendment for Stubblefield) City Attorney's July 15, 1991 Stubblefield Mountain Shadows 766% Density Increase Map: Deputy City Attorney Empeno, who lost the April 2, 1991 $11.537 Million Stubblefield Damages Case confirmed this to me on August 2, 1991, provided a copy of the July 15, 1991 City Attorney recommended General Plan Amendment Map provided the Council, outlined the City Attorney's recommended Stubblefield 766% Density Increase and other benefits applicable thereto. See previously attached Certified July 15, 1991 Council Minutes, attached Density Map provided by the Deputy City Attorney and Draft August 2, 1991 Density Increase Compilations (123 DU's to 973 DU's). (See attached July 15, 1991 City Attorney Recommended, Stubblefield Density Map and August 2, 1991 Draft Density Compilations) RSA-Reid & Hellyer Legal Defense of the City, Common Council and DERC Committee: NO COST AND NO LOSS TO THE CITY: At the request of the City Attorney in February 1988 and July 1989 my sons Rancho San Andreas Company (RSA) retained Reid & Hellyer to Defend the City, Common Council and City Development/Environmental Review Committee against Charges filed on January 14, 1988 by the Highland Hills Homeowners Association against the City, Common Council, City DERC and others; there were subsequent July 3, 1989 Charges by Save San Bernardino against the June 2, 1989 Updated City General Plan and FEIR. These 1988-1991 matters against the City. Common Council and DERC were Settled and Dismissed with RSA-Reid & Hellyer actin as s Legal Counsel on behalf of the City. Dennis Barlow Senior Deputy City Attorney coordinated this matter. All related Legal Defense and related other costs were born by RSA Company ($1 Million ±) This was accomplished by RSA-Legal Counsel also actin as s City Counsel Reid & Hellyer in cooperation and full review with the City Attorney's Office THERE WAS NO COST AND NO LOSS TO THE CITY. City Approved and Superior Court Approved May 16, 1989 City/Highland Hills Homeowners Association Settlement Agreement and Effective Date being July 3, 1993: Under the related City Approved May 16, 1989 CITY/HIGHLAND HILLS HOMEOWNERS ASSOCIATION SETTLEMENT AGREEMENT, the former Highland Hills Multi-Family December 7, 1987 CUP's prepared by Planning for 584 apartments under an IES- Negative Declaration and approved by the City Council for others (William E. Leonard et al), were voluntarily withdrawn by RSA. As reflected in the Settlement Agreement, Rancho San HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 AT RESIDENCE MAILING:329S BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)983-01S3 WW A WARNER W.HODGDON TAMMY GROAT AFFILIATE Page 7 Andreas North (RSA) Highland Hills Plans of Development with Enhanced Open Space Environmental Greenbelt Championship Golf Course/Resort at Highland Avenue/Rt. 330/City Creek/Cook Canyon with 1316 Multi-Family residences was provided for therein and along with the applicable City/EDA $33 Million Mortgage Revenue Bonds issued. The Rancho San Andreas North (RSA)-Highland Hills Plans of Development was Considered and Designated the Preferred Land Use Plan, Grandfathered and Incorporated within the June 2, 1989 Updated City General Plan and FEIR. The effective date of the June 2, 1989 updated General Plan and FEIR and City Approved May 16, 1989 City/Highland Hills Homeowners Association Settlement Agreement was July 3, 1989. Therefore, the Superior Court approved the Settlement Agreement on July 3, 1993 as required. State Office of Planning and Research June 6, 1987 City Building Moratorium and May 23, 1988 City Interim Policy Document and June 2, 1989 Updated City General Plan: Superior Court Judge Ben T. Kayashima approved the May 16, 1988 City/Highland Hills Homeowners Association Settlement Agreement on July 3, 1993. The City June 2, 1989 Updated General Plan and FEIR was approved with Settlement provisions and in accordance with the State Office of Planning and Research June 6, 1987 City Building Moratorium, State Office of Planning and Research May 23, 1988 City Interim Policy Document (IPD), and the June 2, 1989 Updated City General Plan and FEIR. The City Notice of Determination was filed with the State Office of Planning and Research with the effective date of both the General Plan and Settlement Agreement being July 3, 1989. July 15, 1991 City Attorney Recommendation for Stubblefield east/west Rt. 330 766% Density Increase and $11.537 Million Settlement Plan: March 22, 1993 Stubblefield Sub-Standard east/west Rt. 330 Primary/Secondary Access 50 year Development Agreement: Shortly following the State Office of Planning and Research Actions and their Approvals of the updated City General Plan and FEIR, effective July 3, 1989, the City Attorney recommended his Settlement Plan for $11.537 Million Stubblefield Damages he lost against the City. The City Attorney's July 15, 1991 recommendations included Stubblefield Mountain Shadows 766% Density Increase and City Initiated Amendment to the recent June, 2, 1989 Updated City General Plan and FEIR. Stubblefield Apartments Not Exempt under the State Office of Planning/Research City Moratorium and IPD: Stubblefield east/west Rt. 330 Mountain Shadows property and 492 Low and Moderate Income Apartments in the April 2, 1991 Trial Damages Against the City were not found exempt under the State Office of Planning and Research (SOPR) June 6, 1987 Building Moratorium or the SOPR May 23, 1988 City Interim Policy Document (IPD). Irrespective of the June 2, 1989 City Updated General Plan and FEIR Public findings, the City Attorney recommended his July 15, 1991 Stubblefield Density Increase to include 480 High Density Apartments (24 DU's Per acre) on Stubblefield's east Rt. 330 City Creek Canyon 20 acre property with City Sub-Standard Primary/Secondary Emergency Access therefore from Highland Avenue and contiguous to the State Route 330 Scenic Drive. HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROVHEAD SPRINGS,SAN BERNARDINO.CALIFORNIA 92406 IT RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 8 Stubblefield Special Rt. 330 Sub-Standard Primary/Secondary Development Code Amendment: Under the advice and review of the City Attorneys office, on October 7, 1993 the City DERC approved an Initial Environmental Study(s) and Negative Declaration(s) Recommended by expert City Consultant Dodson for Stubblefield's City Sub-Standard east Rt. 330/City Creek Canyon 20 acre property's Primary/Secondary Emergency Access and 50 year Development Agreement with City maintenance therefore. This access serves the 480 high Density apartments under the City Attorney's July 15, 1991 recommendation. On August 26, 1993 and September 23, 1993 and under the advice and review of the City Attorney's office the DERC approved the applicable Stubblefield Sub-Standard Primary/Secondary Access Development Code Amendment to the June 2, 1989 Updated City General Plan. Planning/City Attorney Refuse to address Stubblefield east/west Rt. 330 Sub-Standard Access and City Cost/Maintenance thereof, or Stubblefield unpermitted Infrastructure Construction/Massive Grading into City Creek Streambed: These Stubblefield March 26, 1993 applications for Sub-Standard Rt. 330 Primary/Secondary City Deficiency Costs and 50 year Maintenance thereof under the City 50 year Development Agreement and acted upon by Planning/City Attorney/DERC will cost the City hundreds of thousands of dollars. In addition, since the March 22, 1993 Council Directive to do so, Planning/City Attorney has refused to address the related and accumulative impacts of (1) added City Liability of this Deficiency Cost/Maintenance for the Sub-Standard east/west Rt, 330 access, (2) Health and Safety Rt. 330 Secondary Access Emergency Procedure Liability Cost, or (3) Stubblefield's east/west Rt. 330 unpermitted Massive Grading and Infrastructure Construction (roads, curbs, gutters, drains, pipelines, reservoirs, Small Canyon/City Creek Streambed alterations for: House Lots and Apartment Pads, including Massive Grading of the east Rt. 330 City Creek Canyon 20 acre Apartment property and Bull- Dozing therefrom Thousands of Boulder, Tons of Material, Debris, Trees and Stumps over the cliffs directly into the City Creek Streambed by June 1992. Planning's ENVIRONMENTAL REVIEW Non-Response to the City Council's March 22, 1993 Directive RE: Stubblefield east/west Rt. 330 Massive Grading/Infrastructure Construction, and Sub- Standard Access/50 Year Development Agreement and Liability Cost: These east/west Rt. 330 City Sub-Standard Improvement Cost, Liability issues and Stubblefield Massive Grading photologs were read into the record and submitted by my letter dated March 22, 1993 to the Mayor and Council. Said letter, attachments and photolog, but not limited to, were regarding the Stubblefield east west Rt. 330 Sub-Standard Access and 50 year Development Agreement. By Council Motion and majority approval on March 22, 1993 the Council DIRECTED the Department of Planning and Building Services to process for ENVIRONMENTAL REVIEW the Stubblefield Bull-Dozing into the City Creek Streambed, the Stubblefield east Rt. 330/City Creek Canyon 20 acre Property 50 year Development Agreement and east/west Rt. 330 Sub-Standard Primary/Secondary Emergency Access Deficiency Costs referenced in my March 22, 1993 letter and attachments. HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 OHEADQUARTERS:POST OFFICE BOX 2146,ARROWIMAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)$93-0153 A WARNER W.HODGDON FAMILY GROUP AFFR.IATE Page 9 None of the Council's March 22 1993 Directive was followed as part of the Department of Planning and Building Services process by expert City Consultant's IES-ND(s) recommendations, all reviewed by the City Attorney's Office, for and/or as part of the Stubblefield related March 26 1993 Application(s). The meetings therefore by the DERC were held on (1) August 26, 1993, (2) September 23, 1993 or (3) October 7, 1993 in which the IES- ND(s) for the east Rt. 330/City Creek Canyon 20 acre property 50 year Development Agreement and Agenda Action(s) were approved. Quote October 7, 1993: "Proposal: To vest approval of a (Stubblefield) non-standard secondary access route,based on the concurrent ailo to ion of Development Code Amendment No. 93-05 and subject to the. gporoval of Variance No. 93-07. Subject property consists of approximately 20 acres located on the east of SR 330, approximately 1,300 feet north of Highland Avenue, in the RS, Residential Suburban, General Plan land use designation. Status: Continued from August 26, 1993 Staff Recommendation: Forward proposed Negative Declaration to Planning Commission." (See attached March 22, 1993 Certified minutes RE: Council Direction of Environmental Review of Stubblefield Massive Grading and Sub-Standard Development Agreement Cost/Maintenance) (See attached DERC October 7, 1993 Agenda and Stubblefield recommendation) Stubblefield's east Rt. 330 Sub-Standard Development Code Amendment No. 93-05, Variance No. 93-07 and No. 9301, 50 year Development Agreement continued by Planning November 3, 1993, November 16, 1993 to January 18, 1994, three party east Rt 330 50 year Development Agreement: City, Stubblefield Caltrans: By the March 22, 1993 Council Directive, the Department of Public Works wrote Caltrans by letter dated March 25, 1993 that the City was implementing Environmental Review of the Stubblefield east Rt. 330/City Creek Canyon 20 acre Property and THREE PARTY 50 YEAR DEVELOPMENT AGREEMENT (CITYICALTRANSISTUBBLEFIELD). At a October 25, 1993 meeting, Caltrans ratified to me that they had never seen the three party east Rt. 330/City Creek Canyon 50 year Development Agreement for review of it's content. The City Planning Department has now continued the March 26, 1993 Stubblefield Application(s) (1) Variance, (2) Development Code Amendment, (3) 50 year Development Agreement Approved by the DERC on October 7, 1993 from the Planning Commission Agenda of November 3, 1993 and November 16, 1993 to January 18, 1994. After the March ' 22 1993 Council Meeting Caltrans difficult with Stubblefield was confirmed by Caltrans letter dated December 17 1992 RE: Stubblefield/Caltrans east/west Rt. 330 LAND EXCHANGE AGREEMENT. (For reference:See attached December 17, 1992 RE:Stubblefield/Caltrans Land Exchange Agreement. (See attached March 25, 1993 letter from City department of Public Works to Caltrans: RE: three party 50 year Development Agreement (See attached December 1992 Caltrans letter to Stubblefield RE:Difficulties to east/west Rt.330 Land Exchange Agreement) City Attorney's June 19, 1992 Grand Jury Letter of Complaint and Underlying Purpose being the; Stubblefield $11.537 Million Damages Against The City: HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 �WWy A VARNER V.HODGDON FAAUIY GROUP AFFILIATE Page 10 On August 3, 1992 I had read my Statement into the Council record and submitted my separate August 3, 1992 letter for the Official Public Record. This was in my concern to the City Attorney's June 19, 1993 letter of complaint and allegations to the Grand Jury in fear of a Management Audit of his office and the Mayor's Office. My statement reiterated that I believed the City Attorney's UNDERLYING PURPOSE was to SMOKE SCREEN the Stubblefield April 2 1991 $11,537 Million Damages awarded against the City The City Attorney's evil inferences to the Grand Jury included that I had Graded Roads for Curbs and Gutters, even Infrastructure Construction (drains, pipelines, reservoirs) with resulting development of House Lots and Apartment Pads within the City approved 1/22/86 Dedicated Sterling Avenue Area and July 3, 1989 Rancho San Andreas North Highland Hills. This was not true. I or RSA had done no such actively on North Sterling Avenue, RSA-Secret Hollow Ranch or RSA-Highland Hills. (See attached August 3, 1993 Warner Hodgdon letters to the Mayor and Common Council RE:Penman/Stubblefield) Councilman Maudsley on December 23, 1991 and City Attorney on February 11, 1992 Informed Warner Hodgdon of City Non-Permitted Foothill Development Activity, Stubblefield "Mountain Shadows" and Widmeyer"Patton Hills" Massive Grading/Infrastructure: In truth, on February 11, 1992 the City Attorney had informed me of the City un- permitted Widmeyer "Patton Hills" and Stubblefield "Mountain Shadows" Massive Grading and Infrastructure Construction without City Permits or Department of Fish and Game concerns of no 1601 Notification (roads for curb/gutter, drains, pipelines, reservoirs, Small Canyon/City Creek Canyon and other Streambed Alterations). By Grand Jury letter to the City Attorney dated September 7, 1992 the Grand Jury denied the City Attorney's June 19, 1992 complaint because of his Public release and Politicization. The Grand Jury did offer to assist the City Attorney in the Management Audits of the Mayor's and City Attorney's Office. The City Attorney declined the Grand Jury's offer. The Grand Jury letter stated, Quote: "...because of the public debate, the complaint has become a highly politicized issue. For these reasons,the Grand Jury will not participate in an investigation of this complaint." "If the City of San Bernardino wishes to conduct an audit of those complaints raised in items 1, 11 and 111, the Grand Jury would select an independent audit firm to conduct the investigations." (See attached September 7, 1992 Grand Jury Letter to James F. Penman R: Denied Complaint and City Attomey/Mayor Management Audit) Watchful Eye of the Deputy Attorney General's Presence caused Honest Planning/City Attorney Process for RSA: Fortunately for myself and RSA, by February 5, 1993 the City Attorney had turned to the State Attorney General, whose Deputy Attorney General (DAG) presence and joint DFG/DAG Action then caused the City Attorney to properly re-process the former November 7, 1990 Planning/City Attorney mis-handling of the Sterling Heights Tentative Tract Map and prior 1/22/86 City approved Sterling Avenue Area Full-Standard Primary/Secondary Access. By May 24, 1993, the City DERC, Planning Commission and Common Council approved, re- evaluation, re-confirmation and establishment of the previous City approved Full-Standard 1/22/86 Sterling Avenue Area Primary/Secondary Access and Landscape/Mitigation Plan with Improvement/Maintenance District(s). HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFRCE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDIIO.CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 11 Under this HONEST City Process and watchful eve of the Deputy Attorney General, the related City Attorney June 19, 1992 Grand Jury and February 5, 1993 allegations against Warner Hodgdon/RSA became Moot. This was confirmed by the DAG on April 27, 1993. The effective date of the Sterling Heights/Sterling Avenue Area SEIR City Notice of Determination filed with the State Office of Planning and Research was July 3, 1993. (See attached Certified Minutes May 24, 1993 City Council Meeting RE: The Sterling Avenue Area Improvement/Maintenance District) Planning/City Attorney November 7, 1990 Mis-Handling of Sterling Heights/Avenue used in Sworn Testimony for the January 28, 1991 Stubblefield vs. City Trial and$11.537 Million Damages: Unfortunately for the City and City Attorney, the prior November 7, 1990 mis-handling of the Sterling Heights/Sterling Avenue Area by Planning/City Attorney was used in SWORN TESTIMONY against the City in the January 28, 1991 Stubblefield Trial. By May 17, 1993 letter to the City Planning Commission the Sterling Heights Attorney, Darlene Fischer Phillips, Esq., wrote the Planning Commission of CITY HYPOCRISY for re-confirming that the 1/22/86 Dedicated Sterling Avenue Area Primary/Secondary Public Road Access should be properly constructed and to Full City Standards. This City Full-Standard Public Road Primary and Secondary Emergency Access will Cost the Sterling Heights property and other contiguous property owners (City/EDA and RSA-Secret Hollow Ranch) $1.2 Million (Improvements $800 thousand and Landscape $400 thousand). This includes 2800 lineal feet fronting 180 acres of fallow City Property, and also serves, without cost, the existing 100 homes to the west allowed to be built by the City without the required Secondary Emergency Access. The City/EDA has been formulating the Little Sand Canyon Development of this unmaintained City property (180 acres) begi nning January 1991 and on March 15 1992 acquired an additional 15 acres fronting Foothill Drive for $360 thousand. Proven Stubblefield Mountain Shadows and Sterling Heights Relationship to$11.537 Million Damages: RSA Volunteers City Full-Standard Access and Stubblefield requires City Sub-Standard Access: Stubblefield's east/west Rt. 330 "Mountain Shadows" Attorney is also Sterling Heights attorney, Darlene Fischer Phillips, Esq. Thus, proving my August 3, 1992 statement and letter to the Mayor and Common Council as to myself and others being drawn into the fray to SMOKE SCREEN the City Attorney's April 2, 1991 $11.537 Million Loss to Stubblefield regarding west Rt. 30 "Mountain Shadows" property (Access and Density). The July 15, 1991 City Attorney's recommended 766% Density Increase for Stubblefield east/west Rt. 330 property and east Rt. 330/City Creek Canyon 50 year Development Agreement for 480 high Density Apartments are part of the City Attorney's SCHEME, included with Stubblefield $3.4 Million Fill Material Sale to Caltrans/Contractor. Opposite to Warner Hodgdon/RSA City Full Standard access and Rt. 330 Fill Material at no cost: Opposite to the Warner Hodgdon/RSA committing in April 1989 to provide Rt. 330 Fill Material to Caltrans/Contractor at no cost, and RSA Holding Fast on December 19, 1991 for the 1/22/86 Dedicated Sterling Avenue Area City Full-Standards for Primary Access (60 foot R/W and 40 foot paving)/Secondary Access (24 foot paved R/W) and re-confirmed by the HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN ISS0 HEADQUARTERS:POST OFFICE BOX 1146,ARROWHEAD SPRINGS.SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 ��yy A WARNER W.HODGDON FAMILY GROUP AFFILUTE Page 12 Common Council on May 24, 1993, Stubblefield demands a City Sub-Standard 50 year Development Agreement and received October 7, 1993 expert City Con su I tant/Planning/City Attorney/DERC approval for City Sub-Standard east Rt. 330/City Creek Canyon 20 acre property Primary/Secondary Emergency Access. This is a precedent for Stubblefield further Sub-Standard west Rt. 330 Frontage Road access. Small Home Builder Denied Differed Development Impact Fees (Michael John Enterprise): October 21, 1993 Council Action for Time Payment Development Impact Fees; and November 6, 1991 Wal-Mart Development Agreement $550 thousand DEFERRED Development Impact Fees: At the City/EDA October 21, 1993 Council meeting I clarified the fact that the November 6, 1991 City Wal-Mart Development Agreement, contiguous to Stubblefield "Mountain Shadows", written and scrutinized by the City Attorney, provided for $550 thousand of Deferred City Development Impact Fees to be collected by the City over a four year "Time Payment Plan". However a small home builder. Michael John Enterprises. in the State ColleLye Redevelopment Project Area was denied the same DUE PROCESS by the City Attorney's representation of no enabling City legislation to do so on the October 21, 1993 Council Agenda. In other words, as proven by the November 6, 1991 City Attorney's Wal- Mart Development Agreement, the City's enabling legislation ability to consider A DEFERRED DEVELOPMENT IMPACT FEES PAYMENT PLAN is in effect and does not require added special City Enabling Legislation. October 21, 1993 City/EDA Change Order of$11,000 for Wal-Mart Development Agreement: City/EDA Highland Avenue Area Wal-Mart and Stubblefield Improvements $1.1 Million: In later reviewing the City Attorney's November 6, 1991 Wal-Mart Development Agreement and full-transaction further, I found that the Wal-Mart Interim Land Owner and contiguous Stubblefield Commercial property were to receive major Highland Avenue Area Improvement benefits in the City of San Bernardino and City of Highland, all paid for by the City/EDA i.e.: Curbs, Gutters, Street Paving, Boulder Avenue/Intersection/Signalization, Piedmont Drive/Intersection/Signalization, Small Canyon Storm Drain ($300 thousand) for Stubblefield upstream Development Impacts, and Stubblefield Highland Avenue Curb/Gutters, etc. ($100 thousand). These improvements have cost the City/EDA a total of $1.2 Million ±, , not counting the additional City's $550 thousand Wal-Mart City Deferred Time Payment Plan. At the October 21 1993 City/EDA meeting another $11 thousand of City/EDA funding for Wal-Mart/Stubblefield Highland Avenue Improvements was approved under a CHANGE ORDER to the Wal-Mart Development Agreement by the Consent Calendar and without Public Comment. City/EDA Wal-Mart/Stubblefield Improvement Costs have doubled by City Attorney SCRUTINY: The November 6, 1991 Wal-Mart Development Agreement, SCRUTINIZED by the City Attorney's Office was written and approved without any Maximum Upset Cost amount to the City/EDA for the Improvements benefits; and which were clearly represented at the November 6, 1991 Public Council Meeting not to exceed $550 thousand. Because of no maximum Up- Set Figure this City/EDA cost has doubled to $1.2 Million ±, and without any City/EDA provision for reimbursement. HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1950 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO.CALIFORNIA 92406 IT RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)$93-0153 A WARNER W.HOOGDON FAMILY GROUP AFMIATE Page 13 Multi-Millions Profiteered by Interim Land Owner from City/EDA Wal-Mart Deal: Fail Bank and Government Loss: In addition, for Added Property Value to the Interim Land Owner and in contemplation of the overall Wal-Mart Highland Avenue property, on June 2, 1989 and November 6, 1991 the City had already twice re-zoned the overall 37 acre property from R-1 Single Family Residential to 30± acres of Commercial and 7± acres of Multi-Family Apartments. The City provided this major Added Value to the Development Land for the Interim Land Owner, who had just purchased the 37 acre single family property for $1 Million (.66 Cents per sq. ft.)from the Federal Saving Loan Insurance Corporation (FISLIC Failed Bank and Government Loss). November 6, 1991 City General Plan Amendment and CUP for Wal-Mart Commercial, Piedmont Drive and related Multi-Family Access: The out-of-town Interim Land Owner from Redlands smartly or otherwise out-foxed the City/EDA and City Attorney, and PROFITEERED multi-millions of dollars in a few accumulative months following the City's initial rezoning of the 37 acre Single Family property to Commercial frontage and back acreage to Multi-Family Apartments immediately contiguous to Stubblefield "Mountain Shadows" under the June 2, 1989 Updated General Plan and FEIR. As an added bonus, by November 6, 1991 the Interim Land Owner received City Planning Site Review for 112 Multi-Family Apartments (7 acre Multi-Family Land Value $2 Million) next to Stubblefield "Mountain Shadows" Mobil Home Owners and Piedmont Drive Access/Realignment by another concurrent City Planning Wal-Mart Development property General Plan Amendment (Added Commercial zoning by CUP to 30 acres) contiguous to Stubblefield "Mountain Shadows" commercial property. Ironically, 1987-1988 "Mountain Shadows" homeowner's opposition to Stubblefield's proposed 492 Moderate and Low Income apartments led, but not limited to, the State 1987 OPR required Moratorium, 1988 IPD and 1989 Updated General Plan, effective July 3, 1989. Multi-Million Dollar WINDFALL PROFITS and City/EDA Cost GIVE-A-WAYS: Caltrans Highland Avenue Improvements, Right-of-Way and Non-Access Pre- Relinquishment: Wal-Mart Development Agreement Siphoned Off other needed City Redevelopment Project Area(s): Access Benefit Price of $1.2 Million for Development Land "Added Value" Not Paid to the City: In truth, the Interim Land Owner left town with Multi-Million WINDFALL PROFITS. The City then threw in another $1.75 Million ± of City/EDA cost for Wal-Mart/Stubblefield Highland Avenue Area improvement give-a-ways, including City Deferred Time Payment of City Development Impact Fees. These City/EDA funds, under a questionable City/EDA Mutual Benefit Resolution, were then SIPHONED away from other In-Need Blighted Area City Redevelopment Projects miles away. By Caltrans Pre-Relinquishment Ageement or understanding the City received the old Rt. 330 Highland Avenue Street Improvements and right-of-way. It also appears that the City received the Caltrans non-access and limited access fronting Highland Avenue to the Wal- Mart Development Land. and the City did not receive or request the "Access Benefit Price" HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 IT RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-01 S3 //// A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 14 payment thereof for "Added Value" to the Development Land (30 acres (@ $1 ner sq. ft. equals $1.2 Million). City/EDA Wal-Mart/Stubblefield $1.2 Million Improvement Cost spent in IVDA Project Boundary Area: Ironically, the Wal-Mart Development and Stubblefield minor square footage buildings fronting City/EDA $1.2 Million Highland Avenue Area Improvements cost are all in the Norton IVDA Redevelopment Project Boundary Area and now serve two fast food operations and the new BANK OF REDLANDS only. The major portion of the Wal-Mart Development 350,000 square foot buildings are not within the IVDA Incremental Revenue Project Boundary Area and there was no provision by the City Attorney in the Wal-Mart Development Agreement, including with the IVDA, for the needed IVDA Incremental Revenue Boundary Adjustment (projected $250m x 25 years/50% = $3.125 Million) or City/EDA $1.2 Million improvement cost reimbursement. Wal-Mart Development Agreement Mis-Handling Causes Multi-Million Windfall Profits: IVDA Lost Incremental Revenue $3.1 Million needed for Norton .lob Loss: City/EDA Improvements $1.2 Million Cost for Non-Access waved Cost $1.2 Million Cost: Therefore, the City/EDA Redevelopment Project Area(s) miles away are negatively effected Economically; (1) $1.2 Million Loss from no IVDA/Stubblefield and/or City of Highland reimbursement agreement(s), (2) the City accepts a deferred Time Payment Plan and waits for it's $550 thousand Wal-Mart Development Impact Fees, (3) the $1.2 Million Development Land Access Benefits Price for City release of Highland Avenue Non-Access and Limited Access is not collected and/or waived by the City, (4) the IVDA Project Area Non- Boundary Adjustment causes the Loss of major Project Development Incremental Revenue (projected $250m x 25 years _ 50% = $3.125 Million) needed to OFF-SET Norton AFB Economic/Job Loss support (27,000 Direct/Indirect Jobs and $1.8 Billion Economic Impact Loss). Further and because of this accrued City Attorney Mis-handling under the City/EDA Development Agreement, (5) the out of town Interim Land Owner reaps short term multi- million dollar WINDFALL PROFITS, sheltered from State/Federal Income Tax by using a 1031 Tax Fee Exchange. Development Agreement Mis-Handling Causes; $5.425 Million City/EDA/IVDA Cost/Loss: Certainly the Interim Land Owner does deserve a reasonable short term profit for the City having increased to Commercial and Multi-Family Land Use Values (30 acres and 7 acres) his recently purchased 37 acre single family Residential Zoned property which had non- access/limited access onto Highland Avenue. The Interim Land Owner does not deserve Multi- Million WINDFALL PROFIT further derived from the FISLIC and mis-handled City/EDA Multi Million Improvement Cost and other Losses. The City/EDA Improvements Cost $1.2 Million and waived "Access Benefits Price" of $1.2 Million ± equals a potential City/EDA Cost/Loss of $2.4 Million ±. The added IVDA Non-Boundary Adjustment Incremental Revenue Loss over 25 years is $3.125 Million. To this combined City/EDA/IVDA impact Cost/Loss of$5.425 Million the City gave the Wal-Mart Development deferred Time Payments (4 years rounded) for the differed City Development Impact Fees of$550 thousand. HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 18S0 HEADQUARTERS:POST OFFICE BOX 2146.ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 W A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 15 Honest Reality Check proves Wal-Mart Development Agreement "Glorified Bad Deal" with City Chasing Sales Tax and Utility Tax: In other words, by an honest Realty Check the overall Wal-Mart Development Agreement and related transactions are a GLORIFIED BAD DEAL and could have been easily structured properly in balance to City/EDA and Development equity. The City Chasing the redistribution of Sales Tax, Business License Fees and Utility Tax Revenues internally, and away from neighboring Cities, is mis-leading costly justification to the Public and becomes a CHARADE when so mis-handled. It is like Making Bubbles for each one Blown Up many others are forced to Break. Public Revenues Shift, Deterioration and Behind Schedule Circulation: Stabilization of Norton Job Base Loss and Central Core Needed: This MASSIVE SHIFT of Commercial/Retail Development and Public Revenues to the east is primarily caused by local City Government's allowed Central Core Deterioration, and the tolerated endless completion time of the $136 Million Rt. 30/330 Freeway twenty five years behind schedule. The Shift includes the New Smiths/K-Mart 250 thousand sq. ft., Wal- Mart/Stubblefield 550 thousand sq. ft. and contemplated Target Stores Development 200 thousand sq. ft. for a total of one million square feet. This is equal to a Central City or Inland Center Mall. If structured properly by the City Attorney the City/EDA/IVDA projected $5.425 Million impact Cost/Loss for the Wal-Mart/Stubblefield Development Area could have been unnecessary; and these Public Funds re-directed by the City/EDA/IVDA to economically stabilize the Norton Job Base and the Central Cores of the Highland Avenue Commercial/Retail/Residential. Instead there has been caused major Retail closings at 9th and Waterman, 40th Street, Highland Avenue and other forced retail shopper transfers by rampant inter-city deterioration. Wal-Mart Highland Avenue Agreement Scrutinized by the City Attorney: As legal counsel for both the City and the City/EDA, the City Attorney SCRUTINIZED these applicable Wal-Mart Development and other related Stubblefield Highland Avenue Area Improvement Agreements. His scrutinizing is validated by The Sun Editorial dated November 14, 1990, "Wal-Mart: Good deal made better" Quote: "In toasting a prospective deal to bring a Wal-Mart and other stores and restaurants to the corner of Highland And Boulder Avenues in San Bernardino, City residents owe gratitude to Councilman Michael Maudsley, the prime mover in negotiating the deal." "And City Attorney James Penman also deserves praise for insisting that the agreement be SCRUTINIZED by his staff before getting council approval." Out of Town Pirates make off with Multi-Millions from City/EDA Mis-Handling, while, Editorial Cartoons show POOPER SCOOPER and make a "Mountain out of a Manhole: The Sun related November 14, 1991 Editorial Cartoon depicted the City Attorney Penman sweeping-up the initial Wal-Mart Development Agreement mess behind Mayor HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146.ARROWI-IF-AD SPRINGS.SAN BERNARDINO.CALIFORNIA 92406 RESIDENCE MATING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404.(714)883-01S3 WW A WARNER W.HODGDON FAMILY GROUP AFFRIATE Page 16 Holcomb's dog with a "POOPER SCOOPER" as the method of SCRUTINY for the Deal by Out of Town Pirates. On May 8, 1993 another nip-at-the-heels of related Editorial Cartoon humor made a "MOUNTAIN OUT OF A MANHOLE", which had nothing to do with the $1.2 Million Sterling Avenue Area Full-Standard Primary/Secondary Access and landscape improvements being paid for by local development. While at the same time the City Attorney/Planning is promoting Sub Standard Primary/Secondary Access for Stubblefield east Rt. 330/City Creek Canyon 20 acre property; i.e.: 480 High Density Apartments recommended by the City Attorney on July 15, 1991. Full Standard Sterlina Avenue Access improvements were approved by the Council on May 24 1993 to encourage Capital Investment to stop existing neighborhood Blight and continued Depreciation of every Citizens Home Eguity. As part thereof, the only applicable City/EDA non-reimbursed commitment was for the City's prior March 11, 1991 Recorded Obligation given to protect a local Homeowner for Curb/Gutter/Sidewalk, costing $10 thousand, to stop flooding of their home. In lieu thereof the Chrzanowski family deeded their Right-of-way land to the City for no compensation. In cooperation on May 4, 1993 and June 20, 1993 the SBVMWD Committed to landscape/re-contouring and mitigation of their adjacent underlying Pipeline Easement as part of the remedial action also required to protect the Home. (See attached November 6, 1991 Article"S.B.City Council approved Wal-mart shopping center" (See attached November 14, 1991 Editorial: "Wal-Mart Good Deal Made Better") (See attached November 14, 1991 Editorial Cartoon:Holcomb Dog/Penman Scrutinizing) Prior Evaluation of Wal-Mart and Stubblefield Highland Avenue Area Deal: UNBELIEVABLY, prior to the City/EDA entering the November 6, 1991 Wal-Mart Development Agreement I was requested to evaluate the Economic Wisdom of the City/EDA contemplated $550 thousand Capital Expenditure considerations therefore, i.e. Highland Avenue Area Improvements and existing conditions. This City/EDA cost was ratified in the November 6, 1991 Sun article "S.B. CITY COUNCIL APPROVED WAL-MART SHOPPING CENTER". Quote: "The City will install $550,000 worth of street Improvements and realign the planned extension of Piedmont Drive, which would cut across the 24 acre site." (See attached November 6, 1990 Article titled:"S.B.Council Approved Wal-Mart Shopping Center") Windfall Profits pointed out to City/City Attorney prior to Wal-Mart Development Agreement: Accordingly RSA (Warner Hodgdon) prepared for the City purview, two Letter Report Books, Documentation and Photologs dated February 26, 1991 and subsequent Letter Report dated January 10, 1992 to Councilman Michael Maudsley and others. The potential Multi- Million Dollar WINDFALL PROFITS to the Interim Land Owners (acquisition cost $.66 per square foot and disposition Price after City Re-Zoning to Commercial/Apartment $5.50 per sq. ft.), Highland Avenue Non-Access/Limited Access $1.2 Million Development Land Added HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 2850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SVRINGS,SAN BERNARDINO,CALIFORNIA 92406 IT RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO.CALIFORNIA 92404,(714)883-0153 ����VVVV A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 17 Value, and on top of that the City/EDA added $550 thousand Highland Avenue Area Improvement Cost considerations at that time were clearly pointed out for PRUDENT City/EDA City Attorney Action. (For Reference:See Front Pages only of Warner Hodgdon February 26, 1991 and January 10, 1992 Letter Report Books) SUMMARY: Wal-Mart/Interim Land Owner should not have been rewarded with Multi-Million Wind Fall Profits: Conceptual "Up-Grade" Arch itectural/Landscape treatment Illustrative Aerial Renderings to enhance the Wal-Mart Development Design were provided by RSA (Warner Hodgdon) to the City and Councilman Maudsley by February 26, 1992 Letter Report Book. The City Administrator had deep concern as to the Overall City Impact Cost/Loss and sterile Quality of Wal-Mart structures in other communities. The purpose of the Wal-Mart Village Illustrative renderings prepared for the City by RSA (Warner Hodgdon) was that in the event the project was approved with the represented 1991 City/EDA $550 thousand subsidy and Non/Limited Access cost waived and/or circumvented, but now both grown to $2.43 Million ±, the City could prudently require the Developer to create a "Quality Designed Project". However, these City/EDA subsidy funds and other inducements were used for the Interim Land Owner MULTI-MILLLION WINDFALL PROFITS leaving town and the resulting Sterile Buildings, poor landscape and equipment scattered flat roofs to be viewed from the Rt. 330 Scenic Drive, existing "Mountain Shadows" Residential/Mobile Home owners, Sycamore Heights, Carriage Hills and the future Highland Hills quality developments. In other words, the City/EDA/City Attorney were apprised of how to make an honest "Good Deal" they choose to GLORIFY themselves for the sake of MAKING A DEAL and in doing so made a pre-scrutinized sucker out of their Council Peers, Local Citizens and Business. City Attorney's July 15, 1991 Recommended Stubblefield 766% Density Increase/Apartments Inconsistent to the City July 3, 1989 Updated General Plan/FEIR and Inconsistent with the City Approved July 3, 1989 Highland Hills Homeowners Association Settlement Agreement: Also incorporated within my February 26, 1991 and January 10, 1992 Letter Report Books to the City was my related September 5, 1991 letter. This letter related to the contiguous Stubblefield "Mountain Shadows" $11.537 Million Damages against the City and July 15, 1991 Stubblefield 766% Density Increase and Highland Avenue Commercial Benefits recommended by the City Attorney; including the Wal-Mart Development Agreement PITFALLS to the City/EDA of creating Interim Land Owner WINDFALL PROFITS from the City/EDA paying the Highland Avenue Area Improvement Cost with other needed Project Area Funds. Currently Wal-mart/Stubblefield have received City/EDA Highland Avenue Area Improvement amounting to $1.2 Million ±. HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1830 OHEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-01 S3 A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 18 My letter also pointed out that the City Attorney's July 15 1991 recommended Stubblefield 766% Density Increase, including, 480 high Density Apartments at east Rt. 330/City Creek Canyon 20 acre property was inconsistent with the City updated General Plan and FEIR effective July 3, 1989, and that it was also inconsistent with the City approved July 3 1989 effective date of the integrated City/Highland Hills Homeowners Association Settlement A.ueement. Rancho San Andreas North (RSA) Highland Hills Resort Golf Course with no multi-family is immediately contiguous to Stubblefield. The "Mountain Shadows" and ,Highland Hills Homeowners had previously opposed the 1986 Stubblefield proposed 492 Mountain Shadows Apartments and December 1987 Planning/City approved Highland Hills Apartments of others. Subsequent with RSA working with the neighborhood homeowners, Rancho San Andreas North (RSA) Highland Hills Plans of Development were considered and designated the Preferred Land Use Grandfathered and Incorporated into the July 3, 1989 Updated City General Plan and FEIR. RSA upholds Informed Giving to the City and Not Hidden Taking: Copies thereof were forwarded to the City Attorney's Office for his purview and response to RSA request for clarification, to which they would not respond, but not limited to, the City Attorney's recommended; (1) Stubblefield July 15, 1991 Density Increase (123 DU's to 793 DU's), (2) Highland Avenue/Storm Drain Improvements, (3) Stubblefield Waved Development Impact Fees, (4) Stubblefield Multi-Million Dollar Scheme for Rt. 330 Fill- Material Sale to Caltrans/Contractor, (5) Stubblefield 480 high Density Apartments at east Rt. 330/City Creek Canyon, (6) Stubblefield City Initiated General Plan Amendment, (7) Wal- Mart Development Windfall Profits, (8) Highland Avenue Non-Access and Limited Access Cost to Wal-Mart Development, (9) Wal-Mart City General Plan Amendment(s), (10) Related City and Superior Court approved July 3, 1989 City/Highland Hills Homeowners Association Settlement Agreement at No Cost or Loss to the City, (11) Stubblefield $11.5 Million Damages being "Grossly Excessive", and (12) the September 5, 1991 Warner Hodgdon letter forwarded to Councilman Maudsley and the City Attorney for the City Record requesting City clarification of their July 15, 1991 actions stated; Quote: "Because of lack of communication or any notice from others and the ambiguous way the July 15, 1991, City Council Agenda Item 38, July 23, 1991 and August 22, 1991, News Articles reported same, RSA CoMany felt that I should write you this letter for the City Record and request clarjacation. I am sensitive to these current City Actions and realize they may have been brought about by trying to face the STUBBLEFIELD CHARGES AND ATTACKS ON THE CITY. When the July 15, 1991, City Initiated General Plan Amendment becomes correctly understood by the Press, the Public and residents in the area, hopefully even greater litigation will not be caused. RSA Company is most anxious to help and as always remains constructively motivated by our family's committed belief. that INFORMED GIVING and not HIDDEN TAKING is to the mutual best interest of everyone." (See attached July 23, 1991 Article,"S.B.will rezone tract to halt Stubblefield Trial") (For reference: See Warner Hodgdon February 26, 1991 and January 10, 1992 Letter Report Books and Photologs RE:Wal- Mart City/EDA Cost$550 thousand) (See attached August 22, 1991 Article,"S.B.handed$291,164 bill in court fight against developer") Stubblefield should not be Rewarded for Inept Handling of $11.537 Million Damages: HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MARLING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON (#fttV FAMILY GROUP AFFILIATE Page 19 Stubblefield should not be rewarded for the City Attorney's inept handling of the April 2 1991 Stubblefield "Mountain Shadows" $11.537 Million Damages Against The City, and by the City now; (1) giving/allowing east/west Rt. 330 Sub-Standard Primary/Secondary Access, (2) accepting 50 year Stubblefield Development Agreements therefore and the City also accepting the Deficiency/Maintenance Cost and other liabilities thereof, (3) Highland Avenue Area Improvements giving/allowing City/EDA $400 thousand cost without reimbursement, (4) City Special Sub-Standard Primary/Secondary Access Development Code Amendment Legislation, (5) reduction of City Development Impact Fees (Multi Millions), and (6) west Rt. 330 44 acre Borrow Site and 500 thousand cubic yard ± to $2.5 Million Grading Plan schemes for unneeded Caltrans/Contractor Rt. 330 Fill Material sale, which in truth was for 80 underlying Mobil Home Lots not in compliance to the July 3, 1989 Updated City General Plan Hillside Management District, and west Rt. 330 Frontage Road Sub-Standard Primary Access without Full-Standard Improvements. RSA-Secret Hollow Ranch Sterling Avenue Area and Highland Hills Curtailed by City Attorney; but Sworn Testimony used in Stubblefield $11.537 Million Damages Trial: Accordingly, and beginning December 19, 1991, RSA has also been curtailed by the City Attorney, but not limited to, from being allowed the Titled and recorded Full-Standard Primary/Secondary Access to the Dedicated 1/22/86 Sterling Avenue Area. The former owner, Arrowhead Service Corporation was informed that the November 7, 1990 Planning/City Attorney handling of Sterling Heights/Sterling Avenue Area had Vacated their prior titled access this was later proved not to be true. The Planning/City Attorney's November 7, 1990 Mis-Handling of the Sterling Heights Tentative Map and attempt as part thereof to vacate this Dedicated Full-Standard Public Access for realignment by Sub-Standard Private Easement Access was used in the Stubblefield January 28, 1991 $11.537 Million Damages Trial. As further curtailment, but not limited to, on June 19, 1992 Warner Hodgdon/RSA allegations were made by the City Attorney for Massive Grading and Tree Removal within the 1/22/86 Dedicated Sterling Avenue Area and RSA-Highland Hills for roads, curbs, gutters, infrastructure (drains, pipelines, reservoirs) for House Lots and Apartment Pads. RSA did no such activity and the City Attorney's actions have curtailed RSA causing great Damages. City Attorney and Councilman Maudsley informed Widmeyer "Patton Hills and Stubblefield "Mountain Shadows" Massive Grading and Infrastructure Construction: Yet in truth, before December 23, 1991, Stubblefield had done the east/west Rt. 330 "Mountain Shadows" 283 acre Massive Grading and Infrastructure Construction (roads, drains, pipelines, reservoirs, Small Canyon Streambed); including by June 1992 the Bull- Dozing of Thousands of Boulders, Tons of Material, Debris, Trees and Stumps into the City Creek Canyon Streambed. These Stubblefield existing unpermitted activities are parallel to the existing and contiguous Widmeyer "Patton Hills" Massive Grading and Infrastructure Construction completed by September 1992. A major portion of these unpermitted actions were revealed to Warner Hodgdon (RSA) by Councilman Maudsley on December 23, 1991 and the City Attorney informed Warner Hodgdon of them on February 11, 1992. Councilman HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALEFORNIA 92406 > RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404.(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFFRUTE Page 20 Maudsley lives on Palm Crest Drive directly across from both Stubblefield and Widmeyer unpermitted Developments. Stubblefield "Mountain Shadows" Mobile Home owners held as Economic Hostages while the Wal-Mart Deal Siphons Windfall Profits out of the City: While the Stubblefield "Mountain Shadows" Mobil Home owners are held as local Economic Hostages by Stubblefield unconscionable and sophisticated lease agreements, Multi-Millions to the out-of-town Interim Land Owner in WINDFALL PROFITS have been siphoned out of the City by the November 6, 1991 Wal-Mart Development/Highland Avenue Area-Agreements alone. This includes, but not limited to, the $1.2 Million ± City/EDA improvements Cost/Loss give-a-way, $550 thousand Deferred City Time Payments for Wal- Mart Development Impact Fees and the $1.2 Million ± Highland Avenue "Access Benefit Price" for the Non-Access/Limited Access Development Land "Added Value" thrown in by the City, on what little the Wal-Mart Developer/Land Dealers had to pay the City. City/EDA/IVDA Impact Cost/Loss $5.4 Million ± from Wal-Mart/Stubblefield Deal: On October 21, 1993 the City/EDA approved another $11 thousand Change Order addition to the $1.2 Million Wal-Mart/Stubblefield Highland Avenue Area Improvements on the consent calendar and without Public Comment. Ironically the Stu bblefield/Wal-Mart property fronting these Highland Avenue City/EDA Improvements are in the IVDA Redevelopment Project Area. The major Wal-Mart Development buildings are not within the IVDA Project Boundary and no boundary adjustment was provided by the City Attorney in the November 6, 1991 Wal-Mart Development Agreement to capture these added IVDA Incremental Revenues ($3.12 Million) needed to Off-Set Norton Job Loss and/or the City/EDA improvement cost reimbursement ($1.2 Million ±) to the financially strapped City Redevelopment Project Areas. The resulting total City/EDA/IVDA Impact Cost/Loss is $5.4 million ± not including the Wal-Mart Deferred City Development Impact Fees of $550 thousand over a four year Time Payment Plan. Roger's Bindery Commitment to remain in San Bernardino was induced by City/EDA Relocation Assistance: 800± Jobs with $10 Million Payroll: Local Businessman Threatened Foreclosure by City/EDA with no Valid State UCC Filing: At the same October 21 1993 City/EDA meeting approving another $11 thousand for Wal-Mart/Stubblefield $1.2 Million Improvements paid for by the City/EDA a life long local ocal businessman employing 800+ people at Roger's Bindery with a $10 Million Payroll was threatened to be FORECLOSED on for being behind $56 thousand in reported City/EDA Relocation Assistance payments. It is my understanding that the original 1983 City/EDA action was to be a full Relocation Assistance Inducement of approximately $500 thousand for Roger's Bindery to remain and expand Job Payroll in the City Project Area. City/EDA Relocation Assistance Inducement: HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-01S3 A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 21 Irrespective, Roger's has accrued in pay-back payments to the City/EDA of principle ($50 thousand ±) and interest ($250 thousand ±) for the total approximate amount of $300 thousand. Even this equation leaves a balance of only $200 thousand ± to the City/EDA now questionable loan. There is substantiation to the 1983 understanding of City/EDA for full Relocation Assistance Inducement without interest/principle reimbursement. The City Attorney's Office, acting as Legal Counsel to the City/EDA, must have recognized this, as they no longer continued required or make the applicable equipment collateral State UCC filing covering the City/EDA Relocation Assistance Inducement. To this the City/EDA now desires Mr.. and Mrs. Imbriani to sign personal guarantees for City/EDA 1983 Relocation Assistance balance, that it appears they do not owe. City/EDA Consistency to Windfall Profits and Priority to Relocation Assistance Inducements: To be consistent the Council and the City/EDA Commission should take positive action to have the City Attorney stop and recapture the City/EDA Multi-Million Dollar improvement and other cost, used for WINDFALL PROFITS given away to the out of town Interim Land Owner and Wal-Mart/Stubblefield Development, and/or get personal guarantees for repayment thereof, including $550 thousand deferred City Development Impact Fees. These recaptured funds could be used to assist long committed Local Business Owners. IN FURTHER PERSPECTIVE to Roger's Bindery 1983 City/EDA Relocation Assistance Inducement and City/EDA participation, the City/EDA/IVDA recently approved a signed Agreement to the U.S. Government offering $100 Million ± for Relocation Assistance Inducement to obtain 4000 accounting office jobs to come to town on a 5 year Guaranteed Lease only. Roger's Bindery has been a LOCAL Company in business 27 years with 800 employee and $10 million payroll. In Ratio, Roger's Bindery should be given the same equal treatment as offered to the U.S. Government, under the same employee Ratio Roger's Bindery would be offered $20 Million, not threatened to close the firm down because the City/EDA fails to recognize their 1983 committed Relocation Assistance Inducement payment of $500 thousand, which has been voluntarily paid down by Roger's Bindery to approximately $200 thousand ±. Roger's Local Transportation Cost and City/EDA Investment Property and Utility Taxes: The Roger's Bindery 1983 commitment to stay and expand in San Bernardino was at the price of also facing major added future transportation cost in the monthly $50 thousand ' range. This is required because their major finished product distribution is in Orange and Los Angeles Counties. In addition to the questionable Relocation Assistance principle and interest payments of $300 thousand ± voluntarily paid by Roger's Bindery to the City 1983-1993 Roger's Bindery has paid hundreds of thousands of dollars to the City/EDA for Project Area Incremental Property Taxes and Utility Taxes. It is my understanding this now equates to approximately $100 thousand ep r year in 1993. The City/EDA watched the related U.S. Regional Post Office with 1500 employees move from South E Street San Bernardino to a new Multi-Million dollar facility in Redlands and since expanded. Gross Revenues are $550 Million ±, of which Roger's Bindery supports $140 Million thereof. A reasonable case could be made that without Roger's Bindery City/EDA 1983 Relocation Assistance Inducement for consolidation and expansion in the City/EDA project area, the new Regional Post Office may never have been built because without Roger's $140 million Postal Revenues generated the Regional Post Office would have operated at a Loss. HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 IT RESIDENCE MAILING:329S BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0IS3 ���VVVV A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 22 Norton Direct and Indirect Job Loss 27,000 and No Re-Placement Jobs: The City{/EDA/IVDA has watched from 1988-1993 27,000 Direct and Indirect Jobs Leave Norton AFB with $1.8 Billion Economic Impact Loss. After the fact the City/EDA/IVDA offered $100 Million to the U.S. Government for replacement of 4000 Jobs. They have currently spent over $11 million, while not confirming one replacement Job as yet. Roger's Bindery knows it business, it is only short of Capital caused by growing pains and Customer Failures effected by the Poor National Economy. City/EDA should not be shortsighted: The City/EDA should not be short sighted and run good local people through the public ringer and Community TV Channel for needless political purposes, and lack of City/EDA know how that could result in the demise of an existing viable Local Business. Rather than this unnecessary Public Display causing Roger's Bindery to lose business, Roger's Bindery should be offered a well thought out City/EDA Development Agreement structured for the reinforcement of the approximate 2300 Direct and Indirect existing Jobs effected over the long term. Roger's Bindery has struggled to stay in town and not leave; while Multi- Million Dollar Windfall Profits are thrown away by the City/EDA to out of town Pirates for $50 Billion Wal-Mart; and without personal wife and husband guarantees or thought of ever returning it. John Dukes California Street/Medical Center Drive Area Capital Investment $18 Million: City/EDA Community Hospital $8.5 Million Guarantee and $50 Million Capital Investment/300 Jobs: $18 Million Capital Investment and thousands paid to City/EDA Incremental Project and Utility Taxes: The John Dukes and City/EDA project loan matters in the related West California Street and Medical Center Drive Redevelopment Project Area were also discussed at the October 21, 1993 City/EDA Meeting. In perspective, Mr. Duke's development's Capital Investments have reached approximately $18 Million ±. These projects have greatly improved the quality of the area by 300 DU's ± and generated major City/EDA Public Revenues in terms of Project Area Incremental Property Tax and Utility Taxes alone. City/EDA $8.5 Million Relocation Inducement and Guarantee: More importantly, the City/EDA has just approved a November 1993 $8.5 million Loan Guarantee for the construction of a new Community Hospital Professional Building. The building is required as RELOCATION INDUCEMENT to have Physicians relocate their offices to the area and is vitally essential to support the Hospital's Economic present and future Economic Viability. Mr. Duke's previous years of hard work and commitment, at the encouragement of the City/EDA, has greatly encouraged the economic viability of this overall California Street and Medical Center Drive area. Thus creating a major environmental improvement to preserve the present and future resources to pay the existing $50 Million ± Community Hospital Debt Service, it's related hundreds of Jobs and new $8.5 Million Professional Building. The City/EDA Legal Counsel is the City Attorney, he did not suggest� or HERITAGE OF THE MOUNTAINS AND VAT FY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS.SAN BERNARDINO,CALIFORNIA 92406 IT RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 ����yyyy A WARNER W.HODGDON FAMMY GROUP AFFIMTE Page 23 require the personal HUSBAND AND WIFE GUARANTEES of the Hospital Board of Directors and Chief Operating Officer as part of their November 1993 $8.5 million requested Loan Guarantee from the City/EDA. In a productive perspective, Mr. Dukes and the City/EDA have worked together and more than paid their way by creating the $18 Million ± California Street and Medical Center Drive Area upgraded Residential Developments. What possible perfective could this be given in poor light compared to Multi-Million Windfall Profits thrown away by the City/EDA to out of town Pirates for $50 Billion Wal-Mart. The Sun's November 14, 1991 Editorial Scrutiny is Correct: Everyone agrees with the principle of The Sun's November 14, 1991 Editorial Staffs observation and "Pooper Scooper" Editorial cartoon depicting the City Attorney's Wal-Mart "Good Deal" Scrutiny. However, I believe the Council and Public should also carefully SCRUTINIZE these various City/EDA Development Agreements, including any future Settlement Agreement for the Stubblefield $11.537 Million Damages against the City before and after the City Attorney's further recommended approval(s). I have long admired the City Attorney's Qualities, which include years in working at the West Side Home of Neighborly Services on Mt. Vernon Avenue, going concurrently to the San Bernardino State College in the 1970's, graduating from Western Law School, passing both the Baby Bar and the California State Bar examinations to enter practice in the early 1980's, rise to his mid-1980's present position and strategy for perspective higher office beyond. Closed City Council Sessions are not for the City Attorney or anyone else to hide "Bad Deals". Lets all work together openly, with knowledgeable minds. The City does not need costly Political Wheeling and Dealing, with the blighted deterioration of the overall City left behind, but honest Good Deals that help everyone and creates some Jobs. Deteriorating Neighborhoods and the City cannot Sustain Police/Fire 60% of Budget Cost: Productive Focus to well manage the existing residential neighborhoods before they are all lost and retention of the Job Base are essential. To combine this with the overall residential Quality of Life for the entire East Valley Community Area(s) growth is the required long term foundation for New Jobs and the appreciation of every Business, existing and future Citizen's Home Equity Values. Residential neighborhoods are the largest single personal capital investment and generation of Public Revenue Resources, i.e. it is good neighborhoods that retain existing Jobs and encourage New Jobs. If this neighborhood deterioration is not addressed immediately, government cannot hire enough Law and Fire Enforcement or even sustain the pay for those now equipped for service. The City Police and Fire Cost are 60%±of the total City Budget. My family's Community Interest concerns are to the total picture of accumulative negative effects occurring within the City, their drain on limited City Budget Resources and. HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 W A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 24 curtailment of future Public Revenue Resources. An updated City Overall Physical, Fiscal and Legal Plan(s) of Development is pre-requisite to Promote Capital Investment and Long Term Positive Result. We stand available to receive Xour call response or to meet with You and others in Productive Focus. Sincerely, Warner W. Hodgdon CC: Mayor and Common Council Shaun Clark,City Administrator James F. Penman,City Attorney Al Boughey,Director of Planning and Building Services HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:329S BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFFMIATE yy= O O= � .0'Q O 00 O O v� b G4 f� >i � [L V O t*t C y O 'U)'U .00•v�0 ec°a° � 06�) = 3 i c 0a mooa °' r c 0 -o c = - awB ca�i u = c6c.m was 00 > yam..•^ 00 ° a> of 3�F E y v�Z as aci: bo 3: E 0— E C °ovaw 00, o ° C °'�:� cy. 6EiC r� O0 oc. y0 " 0 0,y 0 ,.a: cd w p u E a c.-0 c^h E�Tiy OtiNO_E+ a� :+3ai.0 cOacO. 07 vs uh 3cd i � ��. ywUo aoc— y aoE" Qu a'i. 4)ic c-°OM > ° E 0 C. o^y CZ o °0 al c �a E= [ F 3ctso + din o p &W0 Oya o`r yac ° � ti+ a v p 3 o a ct c c y ° 0 cd ° c �N " ,c°. Qg:6 u ca bb euN yr °o c a o h•E 0 0e0 ca ».., w+ O u • 3fLw C >VzW OdG " 0 6; may.+ ,•�a' aEci��O' �0cC u r--- .0 ID >O.c�ca m y M du 0 o c 0 o Oy 0 0 c 0 y t w c o c ca co � W � ca VcQ' ai 'a Zu= 3 c OOv»iy Oc" Vdcz mc ha Ib� c3 a E c. 0 Nov CO— u wcd � a•j 4) p60i u V1 F h b O F .c U ti U3 4' 0 cO do ° a 3 p U o rJ OL�i � E'"= 0io w>cu �'� � 0 Yob � d'a hew co + -- a a c� °c y c c o.° .. v ° T: Dp p Co. .Q 7. 0 0r. 0 Gm � = Ib �. ° ti �� � E10 b� � Oa 1. 3 � ° c dcc. 6U �.c0 0.,hoz E1.+ 0 0 cd aS " CA ,Q, O 0 O r� h 0 o LO Oy-O Oc �y x0ccoo H o G.. W F _ VO 0 61 61 0 lab y V y cz to U' ao a,E u�i..... .� 0.- cu _ Eco 3 M � 0 t0..0 b0 0 V O Foy O cd tQ� c.. aas.- `� a�w�' � cam, aQ Q V] 0+-' h ♦+�a O 'U fY iI 'c° L. 0 6�ic�a � E'c A pow� v 7y) uyl7 0 ■ N p Y A O ai d61�o 0 u y 4) t4 too 100 t'O 4 EO c Z a• u vi0 o c as'- rn 3 rA ow cc cc 610. 4 co w y o <3 �., 3^ 00 OycFo d O Q > � lz N c¢nd EOM F caz ac° a0io�o0 ^ ��" V mr� C7 c u CU o AGENDA REGULAR MEETING MAYOR AND COMMON COUNCIL CITY OF SAN BERNARDINO MONDAY, NOVEMBER 1, 1993 ,- 8: 00 A.M. COUNCIL CHAMBERS CALL TO ORDER ROLL CALL PRESENT: ABSENT: CLOSED SESSION 1. The Mayor and Common Council and Community Development Commission will recess to closed session for the following: a. to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956.9 (b) (1) , /-Ns�ere is significant exposure to litigation; b. based on existing facts and circumstances, set out below, the City 'Council is meeting only to decide whether a closed session is authorized pursuant to California Government Code Section 54956.9 (b) (2) ; C. to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956.9 (c) , so that Council/Commission may decide whether to initiate litigation; d. to consider personnel matters pursuant to Government Code Section 54957; e. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities pursuant to Government Code Section 54957 ; 1 11/1/93 f. to give instruction to the City ' s/Commission's negotiator on the purchase of property pursuant to Government Code Section 54956.8. The real property which the negotiations concern is generally located at The identity of each person with whom negotiations are authorized is: g, to meet with an applicant for a City license and the applicant ' s attorney pursuant to Government Code Section 54956.7; h. to meet with the Chief of Police regarding matters of public security pursuant to Government Code Section 54957; i. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party to pursuant to Government Code Section 54956.9 (a) as follows: Stubblefield Construction Company et al vs. City of San Bernardino et al - San Bernardino County Superior Court Case No. 242058; Court of Appeal Case No. 4th Civil No. E009749 (C/W E010088) . END OF CLOSED SESSION 2 11/1/93 SUPPLEMENTAL AGENDA NOVEMBER 1, 1993 S-1 Resolution of the City of San Bernardino adopting a policy establishing goals for minority and women business enterprises in City procurements. (See Attached) NOTION: That said resolution be adopted. i S-2 An ordinance of the City of San Bernardino changing Chapter 2.45 of the San Bernardino Municipal Code relating to the Human Relations Commission to Chapter 2.39 and amending Section 2.39.060(h) (7) of the San Bernardino Municipal Code relating to the taking of testimony under oath before the Human Relations Commission. NOTION: That said ordinance be laid over for final adoption. S-3 Closed Session -- Luncheon Meeting -- 12: 00 p.m. -- MIC Room. NOTION: That the Common Council recess to a closed session luncheon meeting to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party to pursuant to' Government Code Section 54956.9 (a) as follows: Stubblefield Construction Company et al vs. City of San Bernardino et al - San Bernardino County Superior Court Case No. 242998 and 242058; Court of Appeal Case No. 4th Civil No. E009749 (C/W E010088) . 1 11/1/93 cog. 4TH CIVIL NO. E009749 (C/W E010088) . SUPERIOR COURT CASE NO. 242998 - COURT OF APPEAL, STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT, DMSION TWO r SNBBLEFIELD CONSTRUCTTON COMPANY, a California corporation, and - STUBBLEFIEL.D PROPERTIES, a California limited pan?urship, Planrn)Rupondent . - JUN ' 2 M WM OE ANAL oaTwcr CITY OF SIN BERNARDINO, . Cm*AppeUam. APPEUUN AND CROS ELZANrS OPENING BRIEF APPEAL FROM.SAN BE ARDINO SUPERIOR COURT COUNTY OF SAN BERNAIfDINO, STATE OF CALIFORNIA HONORAB IS DON A. TURNER MAC LACHL.ANB URFORD do ARIAS By Guistopher D.-Lockwood Joseph Arias - 150 West Fifth Street, Suite 103 A O. Box 1469 I San Bernanlino, Califonua 92401 I (714) 885-4491 JAMES F. PENMAN, City Attorney IfENRY EMPEVO, JR., Deputy City Attorney f 300 North."D"Street, Room 668 San Bernardino, Cakfornia 92418 (714) 384-5355 Attomrys for DefendanVAppeuant! x Cnm-Appellant, ..- ` CITY OP'S,4N BERNARDINO �� v 1 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) SS 2 CITY OF SAN BERNARDINO ) 3 I, Rachel Rrasney, City Clerk of the City of San Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of the July 15, 1991 4 Minutes of the Mayor and Common Council Meeting is a full, true and correct copy of that now on file in this office. 5 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the 6 official seal of the Mayor and Common Council of the City of San Bernardino this 14th day of August, 1992. 7 8 RACHEL KRASNEY City Clerk 9 By lit, "A/ 10 Depu y 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING JULY 15, 1991 COUNCIL CHAMBERS The regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb at 8:35 a.m. , Monday, July 15, 1991, in the 'Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rrasney with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Rrasney, City Administrator E wins. sent: Council Members Hernandez, Maudsley, Minor. RECESS MEETING - CLOSED SESSION (1) At 8:35 a.m. , the Mayor and Common Council and Community Development Commission recessed to closed session for the following: a. to give instruction to the City' s/Commission' s negotiator on the purchase of property pursuant to Government Code Section 54956.8. The real property which the negotiations concern is generally located at: b. to consider personnel matters pursuant to Government Code Section 54957; C. to meet with designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6; d. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities pursuant to Government Code Section 54957; e. to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956.9(b) (1) , as there is significant exposure to litigation; 1 7/15/91 the priority of all Public Works projects in the City, and that a financial report be presented relating to project cost and the funding sources. The Council expressed concern that all city residents were paying for local residential streets. Council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, to approve the compromise agreement for Assessment District No. 987, Verdemont Area, in principle, as outlined above, and that it be continued to July 19, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. CONSTRUCTION OF STREET . IMPROVEMENTS IN VERDEMONT AREA- APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS - CONTINUED FROM JUNE 17, 1991 (30) This is the time and place continued to for consideration of construction of street improvements in the Verdemont Area. In a memorandum dated May 28, 1991, Roger Hardgrave, Director of Public Works/City Engineer, reported that the plans for installation of street improvements have been prepared and the project is ready to be advertised for bids. The project consists -of installing sewer mains, paving, curbs and gutters, sidewalk and street lights on Irvington Street (south side) Pine Avenue to 600 ' west; Irvington Avenue to -Olive Avenue to Palm Avenue; Irvington Avenue to Palm Avenue to Magnolia; and Magnolia Avenue to Belmont Avenue to Meyers Road. The total estimated project cost is $470,000. Council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, that approval of plans and authorization to advertise for bids for street improvements in Verdemont, be continued to July 19, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. PROPOSED GENERAL PLAN AMENDMENT - 29 ACRES NORTH OF 28TH STREET, EAST OF MICHELLE LANE AND WEST OF SEINE AVENUE (38) In a memorandum dated July 8, 1991, James F. Penman, City Attorney, stated that litigation had been filed against the City relating to action involving approximately 29 acres generally located north of 28th Street, east of Michelle Lane and west of Seine Avenue. After a jury trial, judgment was issued finding the City liable for damages. In an attempt to settle this litigation it is recommended that the City consider allowing the developer to develop the subject property at a somewhat increased single family density than currently allowed under the General Plan, but that the requirement for single-family residences be retained. 27 7/15/91 Mayor Holcomb explained that in closed session a discussion was held relating to the General Plan Amendment for the Stubblefield property. Deputy City Attorney Empeno explained that the area to be included in the General Plan Amendment would require public hearings, and an environmental review. The area is generally described as approximately 37 acres at the northerly terminus of Citrus and La Praix, 182 acres to the north of that property. It is proposed to increase the density, but to retain the single family designation for 44 acres north of the existing Mountain Shadows Mobile Home Park; and that the approximately 20 acres east of City Creek Road, north of Highland Avenue, have a multi- family designation. Mayor Holcomb stated that the recommended General Plan Amendment was being initiated at the recommendation of e C ty Attorney with the following onditions: 1) -that no apartments Fe— authorize ) a full Environmental Impact Report be conducted; 3) that there a an extension of mobile h omes on the existing mobile home subdivision, an ) that the isolated parcel east ot the new proposed highway alignment going up the mountain be zone R-3. Council Member Minor made a motion,, seconded by Council Member Miller, and unanimously carried, that staff be directed to initiate a General Plan Amendment in the area is generally described as approximately 37 acres at the northerly terminus of Citrus and La Praix, 182 acres to the north of that property. It is proposed to increase the density, but to retain the single family designation for 44 acres north of the existing Mountain Shadows Mobile Home Park; and that the approximately 20 acres east of City Creek Road, north of Highland Avenue, have a multi- family designation. RES. 91-325 - RESOLUTION OF THE iiTY OF SAN BERNARDINO AWARDING A CONTRACT TO E. L. YEAGER CONSTRUCTION COMPANY, INC. FOR PAVEMENT REHABILITATION ON WATERMAN AVENUE, FROM MILL STREET TO FIFTH STREET. (S-3) CITY ATTORNEY PENMAN RETURNED At 3:47 p.m. , City Attorney Penman returned to the Council meeting and replaced Deputy City Attorney Empeno at the- council_ table. CITY ADMINISTRATOR EDWINS RETURNED At 3:47 p.m. , City Administrator Edwins returned to the Council meeting and took her place at the council table. Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly, that said resolution be adopted. 28 7/15/91 (Draft Compilation Only) CITY R TTIATED GENERAL PLAN AMENDMENT AND CONSIDERATIONS STUBBLEFIELD PROPERTY PARCELS A,B,C,D,E AND F MONDAY,JULY 15, 1991 Stubblefield Existing Existing City Amended Property Acres General Plan DUs General Plan DU's Parcel A* 120 17.1 RL 120 Parcel B* 62 8.9 RL 192 Parcel C* 37 5.3 RL 114 Parcel D* 44 6.3 RU-1 67 MO.HO. Parcel E** 20 90.0 RS 4.5 480 Parcel F*** (Highland Avenue Commercial"Off-Site"Street Improvements) Total 283 Acres 128 DU's 973 DU's CITY INCREASED DENSITY 766% (See attached City Map Parcels A,B,C,D.E and F of Stubblefield Property) * Existing City General Plan: One(1)DU per seven(7)acres City Amended General Plan: 128 Single Family DUs increased to 973 DU's Council Motion July 15, 1991 Increase: 845 DUs or 766% (Includes 480 High Density Apartments) (Source: City Council Meeting Monday,July 15, 1991 Considerations: Reduction of City Development Fees ** Existing City General Plan: Four point five(4.5)Single Family DU's per acre City Amended General Plan: 90 Single Family DUs increased to 480 High Density Apartments Council Motion July 15, 1991 Increase: 390 DUs at 24 Apartments per acre (Source: City Council Meeting Monday,July 15, 199 1) Considerations: Reduction of City Development Fees *** City added consideration: Highland Avenue Commercial"Off-Site" Street Improvements (Source: Friday,August 2, 199 1) Consideration: Reduction of City Development Fees �U � L0 NOTS: /U All measurements, boundries 7: de?icted areas of this map are N - •.� approximated for illustration pu_-poses only. aM.t . All- i 1 r MO -ro 19 ts� Ao � IIN 7A 494F 0 rAxr A r,f 3 • ` . , ' — 71/r ' TACT Z V � �"„121( �• Nf • i 14 IZ 'qty N. L TJ-{CT TJfo �w w .ve rum {{....t �. � � � _ Lam• ''” �l � r ,' f1 77JS �er we ♦•�• 21 4Jl C NC 11 6b • y e_ S I ianr�.••u• ;��� 717 7744 r•rJ ) �� 4� t G 'A ACT Q alr �. 4 ..,.• A to r.1wcT l J a .o I d CL 12, 14 5 �. 1 2 3 4 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ) SS 5 ITY OF SAN BERNARDINO ) 6 I, RACHEL CLARK, City Clerk in and for the City of San Bernardino DO HEREBY CERTIFY that he foregoing and attached 7 copy of the City of San Bernardino �3-aa -,9 3 is 'a full, true and 8 correct copy of that now on file in this office. 9 IN WITNESS WHEREOF, I have hereunto set my hand and ffixe the offici e f the City of San Bernardino this 10 day of 19 _. 11 e lw� 12 Rachel Clark, City Clerk 13 14 15 Deptity C4 4y Clerk 16 17 18 19 20 21 22 23 24 25 26 27 28 MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF. SAN BERNARDINO ADJOURNED REGULAR MEETING MARCH 22, 1993 COUNCIL CHAMBERS This is the time and place set for an adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino from the regular meeting held at 8:33 a.m. , Monday March 8, 1993, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The City Clerk has caused to be posted the order of adjournment of said meeting held on Monday, March 8, 1993, and has on file in the office of the City Clerk an affidavit of said posting together with a copy of said order which was posted at 10:00 a.m. , Tuesday, March 9, 1993, on the door of the place at which said meeting was held. The adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb at 8:29 a.m. , in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Estrada; City Attorney Penman. RECESS MEETING - CLOSED SESSION (1) At 8:29 a.m. the Mayor and Common Council and Community Development Commission recessed to closed session for the following: a. to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956.9 (b) (1) , as there is significant exposure to litigation; b. based on existing facts and circumstances, set out below, the City Council is meeting only to decide whether a closed session is authorized pursuant to California Government Code Section 54956. 9 (b) (2) ; 1 3/22/93 C. to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956.9 (c) , so that Council/Commission may decide whether to initiate litigation; d. to consider personnel matters pursuant to Government Code Section 54957; e. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities pursuant to Government Code Section 54957; f. to give instruction to the City' s/Commission's negotiator on the purchase of property pursuant to Government Code Section 54956.8. The real property which the negotiations concern is generally located at The identity of each person with whom negotiations are authorized is: g. to meet with an applicant for a City license and the applicant' s attorney pursuant to Government Code Section 54956.7; h. to meet with the Chief of Police regarding matters of public security pursuant to Government Code Section 54957; i. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party to pursuant to Government Code Section 54956.9 (a) as follows: Stubblefield Construction Company, et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 242998; San Bernardino Superior Court Case No. 252058; Tomas Armendariz et al vs. James F. Penman, et al - United States District Court Case No. 91-5757; Julie M Thompson vs City of San Bernardino, et al - United States District Court Case No. SA CV-92-888 GT (RWRx) ; Leslie Bond vs Community Development Commission, et al- San Bernardino Superior Court Case No. 276373; Paul Stark vs City of San Bernardino - San Bernardino Municipal Court Case No. 138304; 2 3/22/93 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN SAID CITY AND THE STUBBLEFIELD CONSTRUCTION COMPANY, RELATING TO ACCESS FOR THE PARCEL NORTH OF HIGHLAND AVENUE AND EAST OF STATE ROUTE NO. 330 (Continued from March 8, 1993. ) (39) Discussion ensued relative to the processing of said agreement. Mark Ostoich, Esquire, Gresham, Varner, Savage, Nolan & Tilden, 600 North. Arrowhead Avenue, San Bernardino, CA, explained that the State of California Department of Transportation (Caltrans) has stated that if the contracts are not executed, the State will proceed with eminent domain procedures, therefore, it is urgent that the proposed resolution be adopted. Discussion ensued relative to the potential liability the City may incur by failing to take action on said resolution. Council Member Hernandez made a motion, seconded .by Council Member Pope-Ludlam, that said resolution be adopted. (Note: There was no vote taken at this time. ) Discussion ensued regarding the contents of said agreement and the adoption in principle of said resolution. Council Member Estrada made a substitute motion, seconded by Council Member Miller, that said resolution be referred to Planning & Building, Services to proceed with the environmental review process. (Note: There was no vote taken at this time. ) Discussion ensued relative to the urgency of taking action at this time. Tom Parrish, representing the Stubblefield Company, 2258 Bradford Avenue, Highland, CA, presented a letter to the Council dated December 17, 1992, from the State of California Department of Transportation (Caltrans) reflecting their position towards the Stubblefield Company. CITY ATTORNEY PENMAN EXCUSED At 3:25 p.m. , City Attorney James Penman left the Council meeting and was replaced by Deputy City Attorney Empeno. Discussion ensued regarding placing the City in a position of inverse condemnation. 28 3/22/93 Council Member Estrada made a motion, seconded by Council Member Miller, that said resolution be referred to Planning & Building Services for environmental review; and that the Director of Public Works/City Engineer be directed to write a letter to the Department of Transportation stating that the matter has been heard before the Mayor and Council and will, be processed as expeditiously as possible in accordance with appropriate administrative procedures. (Note: There was no vote taken at this time. ) Warner Hodgdon, P. O. Box 2146, San Bernardino, CA, presented a letter dated March 22, 1993, which expressed opposition to the project and stated that the primary/secondary access is substandard and does not meet City Fire, Health and Safety Codes. The liability to complete and bring these roads into compliance with City street standards is projected to cost $780,998. Council Member Estrada made a substitute motion, seconded by Council Member Miller, that said resolution be referred to Planning & Building Services for environmental review; and that the Director of Public Works/City Engineer-be-di ted to write a letter to the State of California Department of Transportation (Caltrans) stating that the matter has been heard before the Mayor and Council and will be processed as expeditiously as possible in accordance with appropriate administrative procedures; and that staff be directed to investigate the $780,998 liability addressed in Warner Hodgdon's letter dated v March 22, 1993. The motion . carried by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Pope-Ludlam, Miller. Nays: Council Member Minor. Absent: None. RECESS MEETING At 4:01 p.m. , Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 4:12 p.m. , the adjourned regular meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman; City Clerk Rachel Clark; City Administrator Shauna Clark. 29 3/22/93 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT FINAL AGENDA DEVELOPMENT AND ENVIRONMENTAL REVIEW COMMITTEE The Development and Environmental Review Committee (DRC/ERC) is a City staff committee responsible for technical review of projects. The committee is made up of representatives from Public Works- Engineering, Police, Fire Marshall, Water, Planning and Building Services, Parks and Recreation, and (Economic) Development Departments. Applicants and their representatives should attend the meeting to clarify issues and receive input from City Departments and other reviewing agencies. A DRC/ERC case takes on an average 30 minutes. MEETING DATE: Thursday, October 7 , 1993 MEETING TIME: 9 :00 a.m. MEETING LOCATION: Fourth Floor Conference Room City Hall, 300 North ,D,t street San Bernardino, CA 92418 A. Consent Cases: #1, #2 B. Regular Cases: PROJECT PLANNER 1. DEVELOPMENT AGREEMENT NO. 93-05 GREG Applicant/Owner: Stubblefield GUBMAN Construction Co. APN: 1199-291-06, 1199-341-01 Forward to Planning Ward: 4 Commission with Proposal: To vest approval of a non- recommendation that standard secondary access route, based Planning Commission on the concurrent adoption of recommend to Mayor Development Code Amendment No. 93-05 and and Common Council subject to the approval of Variance No. adoption of Negative 93-07. Subject property consists of Declaration. approximately 20 acres located on the (consent) east of SR 330, approximately 1,300 feet north of Highland Avenue, in the RS, Residential Suburban, General Plan land use designation. Status: Continued from August 26, 1993 Staff Recommendation: Forward proposed Negative Declaration to Planning Commission. PLW-w18 (7at) STATE OF CALIFORNIA—BUSINESS. TRANSPORTATION AND MOUSING AGENCY PETE WILSON, Govemor DEPARTMENT OF TRANSPORTATION DISTRICT Z. P.O. BOX 231 SAN BERNARDINO. CAUFORNIA 92402 TDO (714) 383-4609 December 17, 1992 08-SBd-330 Parcels 8044 & 8866 Stubblefield Exchange Mr. Arnold Stubblefield Stubblefield Company 2258 Bradford Avenue Highland, CA 92346 Dear Mr. Stubblefield: Right of way contract and Deeds I am writing you concerning the Right of Way Contracts and Deeds which you have had in your possession for over six months. At our last meeting you agreed to sign the Contracts and Deeds which have not been executed and returned to our office as of this date. I have been informed by Duncan Bush (Right of Way Agent) that neither you nor your representatives have responded to our numerous phone calls or personal visits to your office. Messages have been left with your of f ice staf f and Mr. Bush has been told that the phone calls would be returned - yet were not returned. On several occasions he visited your office and was told you or your representatives were either not there or were in meetings and could not be disturbed. This letter is to inform you that it is our intention to withdraw the offer of exchange as presented in the Contracts if the documents are not property executed and returned to our office by January 8, 1993 . We will then proceed with the condemnation for the area the State of California requires for the freeway project. A favorable 'response is requested. Very truly yours, ti WILLIAM B. DA7 Deputy District Director _ Right of Way E 19c" CERTIFIED MAIL CSC. 1 OF�tWARp�� / C RNARDINO 300 NORTH STREET. SAN BERNARDINO. CALIFORNIA 92418 o oG�p£D tN`e� PIMIC WORKS DEPARTMEMT ROGER O.MARDORAVE O�neew d rwlle wale March 25 , 1993 File No. 7 .01-29 Mr . Bill B . Day Deputy District Director - Right-of-Way Department of Transportation P .O . Box 231 San Bernardino , CA 92402 Re: Agreement with Stubblefield -- Parcel North of Highland Avenue and East of Route 330 Dear Mr . Day : _ A three-party agreement has been prepared between the- Stubblefield Construction . Company , Cal-tr`ann and City . o-f San.---- .Bernardino . This ag-reement guarantees=:_`_ hat the- City will' accept the paved City street. between -Hi`4fi-land Avertue and the Stubblefield parcel and th=e pri:va-te=- ro�ld °=to- -ttte North , as adequate access to allow this parcel to be developed . We understand that you are negotiating with the Stubblefield Construction Company relative to acquisition of a portion of their parcel for the improvement of Route 330 . Also , that the Stubblefields went to have the access provisions settled with the City prior to consumating their negotiations with your office. The proposed three-party agreement was considered by the Mayor and Council of- their- regul-ar- meeting -of. 3-22-93. A motion was adopted to refer the proposed agreement to the Department of Planning and Building Services , for environmental review and processing . T-h ese actions are to be done as expeditiously as possible, . in accordance with appropriate administrative procedures . After completion of environmental review, the agreement will be presented to the Planning Commission for review and a recommendation , and then to the Mayor and Council - for approval . PRIDE IN PROGRESS (909)384-5111-384-5112 i Mr . Bill B . Day March 25 , 1993 File No . 7 .01-29 Re: Agreement with Stubblefield -- Parcel North of Highland Avenue and East of Route 330 I trust this information will be helpful . Please call me, at 384-5025 , if you would like arty further details . Very truly yours , ROGER G . HARDGRAVE Director of Public Works/City Engineer RGH : pa -2- i . K�7 ZZ z ..ceetfel r.� Glom-��c���'4� to�-l1i C�a aTZ y . —7 '000- GRAND JURY COUNTY bF SAN BERNARDINO 351 North Arrowhead Avenue. Room 307, Courthouse _ "' ' San Bernardino, CA 92415-0243 • (714) 387.3820 September 9, 1992 Mr. James F. Panman City Attorney City of San Bernardino 300 North "D" Street San Bernardino, California 92418-0001 Dear Mr. Penman: The Administrative Committee of the San Bernardino County Grand Jury has reviewed the concerns set forth in your June 19, 1992 letter. In light of the City Attorney releasing the above referenced letter to the public on June 26, 1992, the Grand Jury concludes a confidential examination of both the Executive and City Attorney offices would be difficult. In addition, because of the public debate, the complaint has become a highly politicized issue. For these reasons , the Grand Jury will not participate in an investigation of this complaint. If the City of San Bernardino wishes to conduct an audit of those complaints raised in items I, II and III, the Grand Jury would select an independent audit firm to conduct the investi- gation. It would then be the responsibility of the City to establish the focus of the audit, to negotiate the cost of the audit, and to pay for the audit. The Executive and City Attorney offices can be assured of complete impartiality in the selection of an independent audit firm. The Grand Jury would review the audit report in order to determine if further action would be required. Because of the public awareness of the controversy existing between the Executive and City Attorney offices, the Grand Jury recommends the City of San Bernardino commit to the aforementioned examination at the earliest date possible. Sincerely, JOHN E. DUCKWORTH Foreman 1992-93 Grand Jury JED: ss j i, d � � .. - MINUTES MAYOR AND COMMON COUNCIL CITY OF SAN BERNARDINO ADJOURNED REGULAR MEETING MAY 24, 1993 COUNCIL CHAMBERS This is the time and place set for an adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino at their adjourned regular meeting held at 8:59 a.m. , on Monday, May 17, 1993 in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The City Clerk has caused to be posted the order of adjournment of said meeting held on May 17 , 1993 , and has on file in the Office of the City Clerk an affidavit of said posting together with a copy of said order which was posted at 3 : 00 p.m. Monday, May 17 , 1993 , on the door of the place at which said meeting was held. The adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb at 8: 32 a.m. , in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clerk with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor; City Attorney Penman, City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Members Estrada, Pope-Ludlam, Miller. RECESS MEETING - CLOSED SESSION At 8: 32 a.m. , the Mayor and Common Council and Community Development Commission recessed to closed session for the following: a. to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956. 9 (b) (1) , as there is significant exposure to litigation; 1 5/24/93 RES. 93-156 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING MARKET NIGHT, ITINERANT VENDORS, ENTERTAINMENT, AND OTHER EVENTS ON COURT STREET SQUARE AS SCHEDULED BY SAN BERNARDINO MAIN STREET. (RS-2) City Clerk Rachel Clark read the title of the resolution. Council Member Estrada made a motion, seconded by Council Member Reilly, that said resolution be adopted. Resolution No. 93-156 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor. Nays: None. Absent: Council Members Pope-Ludlam, Miller. COUNCIL MEMBER POPE-LUDLAM RETURNED At 5: 19 p.m. , Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. UPDATE ON LITIGATION EXPENSES - CITY ATTORNEY PENMAN- CONTINUED FROM MAY 13, 1993 (41) This is the time and place continued to consider an updated report on the litigation expenses to date of the City Attorney's Office. Council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, that the update on litigation expenses of the City Attorney's Office, be tabled. ESTABLISH ASSESSMENT DISTRICT - CONSTRUCTION OF -� STERLING AVENUE, FROM FOOTHILL_ DRIVE TO DALEY CANYON ROAD - AUTHORIZATION TO PROCEED - CONTINUED FROM MARCH 22, 1993 (42) _ This is the time and place continued to consider establishment of an assessment district for the construction of Sterling Avenue, from Foothill Drive to Daley Canyon Road. A discussion was held relative to the proposal to establish primary/secondary emergency access road to Sterling Avenue. The dedication of Sterling Avenue would provide emergency and maintenance service protection to approximately 100 existing homes in the proposed area. Jeff Wright, P.O. Box 2341, San Bernardino, Ca, voiced concern regarding the proposal. 29 5/24/93 Warner W. Hodgdon, Developer, P.O. Box 2146, San Bernardino, CA, read a letter dated May 24, 1993 , regarding the Sterling Avenue Primary/Secondary Access Schematic Landscape/Mitigation Plans. Council Member Hernandez made a motion, seconded by Council Member Estrada, that the City Clerk and City Engineer be directed to proceed with the establishment of an assessment district for construction of Sterling Avenue, from Foothill Drive, to Daley Canyon Road. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Pope-Ludlam. Nays: Council Members Maudsley, Minor. Absent: Council Member Miller. RECONSIDER - GENERAL PLAN AMENDMENT NO. 92-06 & TENTATIVE TRACT NO. 15407 - COUNCIL MEMBER POPE-LUDLAM (43) In a memorandum dated May 17, 1993 , Council Member Pope- Ludlam, requested that the Mayor and Council reconsider General Plan Amendment No. 92-06 and Tentative Tract No. 15407 . In a letter dated May 5, 1993, David Mlynarski, President, Engineering Construction and Environmental Services, Inc. , 25864 Business Center Drive, Suite F, Redlands, CA, requested that Mayor and Council reconsider General Plan Amendment No. 92-06 and Tentative Tract No. 15407 . Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly, that the Mayor and Council reconsider General Plan Amendment No. 92-06 and Tentative Tract No. 15407. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Pope-Ludlam. Nays: Council Member Minor. Absent: Council Member Miller. David Mlynarski, President, Engineering Construction and Environmental Services, Inc. , 25864 Business Center Drive, Suite F, Redlands, California, spoke in support of the project. He stated that there is local neighborhood support; that the project is a participant in Mello/Roos District I/Verdemont Area; and that there is an agreement to pay $47, 970. towards an off-site drainage improvement. City Attorney Penman advised the Mayor and Council that the matter should be renoticed. 30 5/24/93 �LtitNARp�ti O iy C I T Y O F _ C an bernardino R A C H E L C L A R K C I T Y C L E R K May 25 , 1993 Mr. Warner W. Hodgdon P. O. Box 2146 San Bernardino, CA 92406 Dear Mr. Hodgdon: At the meeting of the Mayor and Common Council held on Monday, May 24 , 1993 , the following action was taken relative to the establishment of an assessment district for construction of Sterling Avenue, from Foothill Drive to Daley . Canyon Road, and was approved by the following vote: Ayes : Council Members Estrada, Reilly, Hernandez and Pope-Ludlam. Nays : Council Members Maudsley and Minor. Absent : Council Member Miller: That the City Clerk and City Engineer be directed to proceed with the establishment of an assessment district for construction of Sterling Avenue, from Foothill Drive, to Daley Canyon Road. If we can be of further assistance, please do not hesitate to contact this office . Sincerely, Rac 1 Clark City Clerk RC: sc cc : Roger Hardgrave, Director of Public Works/City Engineer P O S T O 'F F I C E B O X 1 3 1 8 , S A N B E R N A R D I N O , C A L I F O R N I A 9 2 4 0 2 300 NORTH D PRIDE STREET SAN BERNARDINO IN PROGRESS C A L I F O R N I A 9 2 4 1 8 - 0 0 0 1 ( 9 0 9 ) 3 8 4 - 5 0 0 2 ( 9 0 9 ) 3 8 4 - 5 1 0 2 F A X - ( 9 0 9 ) 3 8 4 -5 4 6 8 WARNER W. HODGDON HEART BAR RANCH.ARROWHEAD STRINGS POST OFFICE BOX 2146 SAN BERNARDINO.CALIFORNIA 92406 (714)Ula347 February 26, 1991 Councilman Michael Maudsley Council Offices City of San Bernardino 300 North D Street San Bernardino, California 92418 RE: "Wal-Mart Village" Existing "Highland Avenue" Environmental Scene "Photolog" HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN ISSO OHEADQUARTERS:POST OFFICE BOX 2146.ARROWEAD STRINGS,SAN BERNARDINO,CALIFORNIA 92409 RESIDENCE MAILING:3293 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)813-0153 A WARM V HOOGOON PAULY GROUP AFMIATE STATE ROUTE 330 FREEWAY CONSTRUCTION HIGHLAND AVENUE AND CITY CREEK JUNE 1991 - DECEMBER 1991 raF � F _ '9m( 3001 1 RSA-FCCC&R: STATE ROUTE 330 FREEWAY INTERIM FILL MATERIAL SOURCE AREA PREPARED BY RANCHO SAN ANDREAS COMPANY (FOREST CREEK COUNTRY CLUB AND RESORT) FOR MR. 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'' U N ea�af0 ° CC C.>�.0 vtOi, Ot� co W cc ++ O a W to C O w– 'CS cam B ca .OV m � o �+°°o .aL3L °' `o xa•?�_ –°c p C� c a�3 C's z 'C� OOSy p, 3 i Rs O p0 co A CD LL o QL�_cao Q-o> ° mss = ��� ° #Oki I n L C cA 5 c. co _� -- ca•— r- E cc .� C 3 d y �� CZ: d� C 'C g • c W oa�O L a>,61 3 u, ° O ca L 0 3 E RS rn W� CacC4a, -r- 5— oLo- o•_ ao G,c� t0 O N U a Ecc= '- ca a zI- �, 00 > �, c.�'E3 a, o yCUW o m Uc v� ccoAaa �._ ycan ` 3 co n, C W W Y _U cr ® The Sun THURSDAY AUGUST 22, 1991 *** Rick Farrant,Metro Editor(714)3884874 S.B. handed $291,164 bill in court fight against developer The Sun sought$471,000 in fees, and Turner awarded half on the ratio- nale that Stubblefield is likely to SAN BERNARD INO — The recover at least that much in the city must pay court costs and at- new trial on damages. torneys' fees amounting to I Penman said the city has ap- $291,164 to the Stubblefield Con- pealed the jury's verdict that the struction Co.,Judge Don A.Turn- company's civil rights were vio- er has ruled. lated.If the,verdict is overturned, City Attorney James F. Pen- the city�Hion't have to pay any man said the city will appeal the damage. order. However;city officials are ne- A jury awarded the developer gotfating a settlement that would $11.5 million last spring after allow the developer to build finding the city violated the firm's. hill property,homes on the foot- hill property, hoping to short-cir- civil rights in prohibiting a 492= cuit lengthy appeals and uncer- unit apartment project in .the .tain outcomes for both parties. foothills in 1985. A settlement conference is Turner set aside the scheduled in Turner's court to- $11.5 million judgment,calling it .„day. excessive.A new trial on the dam- ages has been ordered. Stubblefield attorney Dar= lene F. 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A t -- 3 °� L . - �lt ` C }f,.. r >� ��' ' ,,r� d�r� �.ti ' ��rts lr� s'+T,�t1., 3t'•: �, i1f ��`� �:�b z l ti 1 + t I o 1 j � t a. F gl coo , r , r tt ) 5r r 3Fx✓ ! t • •' _ f f ` � 1"*"fie x� r I ! a 1 r }+..i. E/ r*P �jj y"ff'.' "' .:[� ''Si r4 '�f�a k� i.�. •h`• 1 p • t t A � s t n I n J' 4 < (y •,F 4 9 t c I . ^I i ul h 1 �r 'iii ► �.�A �,l FBI lt , • Fir ;�1. kSt S y,��{ 1S. S c �•t4 J�A��' 74 t IE It XI Ulf ire' ! � • W � h i �• .L. ,+1 7r .1� .. 17x y ! WARNER W. HODGDON HEART MR RANCH.ARROWHEAD SPRINGS POST OFFICE BOX 2146 SAN{ERNARDWO.CALIFORNIA 92406 (714)1$1-1547 7'pE00PY: January 8, 1994 (716)aas-19f: Mr.James F.Penman City Attorney City of San Bernardino app North "D" Street San Bernardino,California 92418-Ml "For Your Purview" RE: Warner Hodgdon December 11, 1993 letter to James F.Perlman,City Attorney RE: Stubblefield$11.537 Million Damages Awarded Against the City April 2, 1991 for. Violation of Rights to Build 492 Low and Moderate Income Apartments City and Superior Court Approved July 3, 1993 Co/Highland Hills Homeowners Association Settlement Agreement �� City/DFG February 5, 1993 Allegations served; Warner Hodgdon/Rancho San Andreas Company (RSA) for, The Sterling Avenue Area and Highland Hills RE: 1x= Penman Civic Cenlgr Motel DA Campaign and Ph=�DecemhPr 23 1993 etc. Dear Mr. Penman: This letter and Deliverables are pursuant to my letter with documentation and photologs to you dated December 11, 1993 and delivered to your office December 23, 1993. Said December 11, 1993 letter included an itemized list of the RSA-Secret Hollow Ranch and Highland Hills 1988-1993 Inter-governmental Cooperation Chronology attached. As part of this letter I will address your December 23, 1993 Civic Center Motel D.A. Campaign Photographs and your intent to undertake the office of D.A. conveyed to me on February 11, 1992. (See attached RSA-Secret Hollow Ranch and Highland Hills 1988-1993 Inter-Governmental cooperati s on chronology) As part of my December 11, 1993 letter to you,delivered herewith under separate cover are the Deliverables under the titled Index of Related Correspondence for James F. Penman and Henry Empefio, Deputy City Attorney. As you know I had previously delivered to you other related Data and Documentation by my letter dated February 21, 1992 and following our February 11, 1992 meeting.The Index of previously forwarded February 21, 1992 Deliverables is also attached (See attached December 11,1993 Index of Related Correspondence for James Paunan and Henry Empceo) (See attached February 21,1993 schedule of letters,data and documentation 6o James Penman) James F. Penman Civic Center Motel D.A. Campaign Photographs December 23, 1993: On December 23, 1993 Judy Thompson, Chamber of Commerce Manager and her accompanying photographer spoke to me at the office of Freddie Spellacy, Realtor. After exchanging Seasods best greetings Ms. Thompson related that they had just taken your picture in front of the Civic Center Motel Demolition at 7th and D street. She commented that the picture was for your upcoming D.A. campaign and that you had told them I had built the Motel. Under that explanation I was amused at what your political picture of and caption may say about me and asked her to inform (� HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN T 1850 / HEADQUARTERS:POST OFFICE BOX 2146.ARROWHEAD SPRDIGS,SAN BERNARDINO.CALIFORNIA 92.406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 2 yy�� that your statement concerni me was main not true. I owned the lot over thirty years ago and had acquired same in contemplation of building a professional office building. I sold the lot to Al Austin, Realtor and other prominent local investors and they built the Civic Center Motel. Unfortunately, the overall community has deteriorated and many of the Motels, other businesses and residential areas have followed. James F. Penman City Attorney, District Attorney and Governor: I was speaking with our mutual good friend Rene Jacober, Esq. on December 21, 1993 and you had just called him confirming your decision to run for office of DA. Rene overviewed your remarkable political acumen starting with you both attending San Bernardino State College together, mid 1989s strategy Attorney, y 1 At and torney ultimate a goal to bec ome Governor.He thinks highly our ability to Garner Votes and recognize this also. Councilman Strickler, Councilman Quiel and Brain Simpson, Esq. Strategy for Mid 1980's: I have known you through your 1970's west side Directorship of the Home of Neighborly Services, passing the bar and beginning law practice in early the 1980's. This is admirable. Then occurred the Mid 1980's strategy meeting for the office of City Attorney with Councilman Jack Strickler,Councilman Gordon Quiel and Brian Simpson s, Esq. at his office; and subsequently Brian's wife, Jeri, encouraging my wife's support, unknown to me. Your initial kick-off Nomination Fund Raiser was given at the home of Roger and Jaci Imbriani. Brian Simpson lead your advocacy at the time against 28 year incumbent City Attorney Ralph Prince. I note from your scrutinized November 6, 1991 Wal-Mart Development Agreement record and for Wal-Mart/Stubblefield Highland Avenue Area City/EDA $1.2 Million Improvements, that Mr. Simpson is also Stubblefield's Attorney. Please inform me if my understanding of this scenario and record is in rr c . Stubblefield and Highland Hills Settlement Agreements: Our February 11, 1992 joint meeting with Henry Empeno, Deputy City Attorney and William E. Leonard, was regarding, but not limited to, the July 3, 1989 City/Highland Hills Homeowners Association Settlement Agreement and your July 15, 1991 Stubblefield $11.537 Million Damages Settlement recommendations to the Council. Mr. Leonard is General Partner for Highland Hills Properties, a Ltd. Partnership, and part of the July 3, 1989 City/Highland Hills Homeowners Association Settlement Agreement. RSA acquired the property from Highland Hills Properties, Ltd. Partnership,in March 1990. Mr. Leo is the Htrthtand :: ' �'°"Pral Partner William Smith (deceased) was a General. Partner. t d rt r r r Heendri c tr.0 D� �Ih161!r and Henrietta Elch (' Land Limon?BanQCtsnd Martin and Margaret Match Dr. Philip and fanet Pone. and Dr. Elmer Hansen Penman February 11, 1992 Run for Office of District Attorney: Mr. Leonard and Mr. Empeno left the February 11, 1991 meeting, you requested that I remain You and commented to me as to your forthcoming interest to run for the Office of District Attorney.2 letter asked for my thoughts which I gave and they were reiterated as part of my February 21, 19 to you. I have experienced and now read the culmination of your last two years of Campaign Rl�nnin , m The Sun Saturd January 8 1994 and titled "DA's Office attracts S.B. Cily Attorney The article points to your west side experience as a 1970's Police Commissioner Member and Director of the Home of Neighborly Services. Since our February 11, 1992 meeting, my previous February 21, 1992 letter thoughts to you regarding your DA aspirations remain valid. The statistics carried in the January 10, 1994 article: "S.B. Gran t would add 23 officers", bring another perspective. With 4 Welfare and 17% unemolovment/Compensation in the Citv the need is not for personal political crusades but productivity. HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN N I&SO HEADQUARTERS:POST OFRCE BOX 2146.ARROWHEAD WjUNGS.SAN BERNARMO.CALIFORNIA 92406 IT RESIDENCE MAILING:3295 BROADMOOR BOULEVARD.SAN BERNARDINO,CALIFORNIA 92404.914)883-0153 A WARNER m.HODGOON FAMRY GROUT AFFlLUTE Page 3 (See attached January 8,1994 The Sun article:"DA's Office attracts S.B.City Attorney") (See attached January 10,1994 The Sun article:"S.B.Grant would add 23 officers") Penman requested Management Audit from Grand Jury June 19, 1992: It was interesting to read the related Wednesday, January 5, 1994 Sun Article titled, "SR, Attorney could save $500 000 audit suQ�est", and in which the former Mayor was credited with asking for a Grand Jury Audit of your office and the foreman not wanting to be involved with political infighting. As you know, it was your June 19, 1992 letter of complaint to the Grand Jury/District Attorney that requested their Investigation and Management Audit of both your and the Mayor's Office. The former Mayor attempted but could not get Council Approval for the Management Audit of his and your office. Ironically in your letter you also couched by untrue Evil inferences my family's sincere direct support to and recognition of your past work at the Home of Neighborly Services. Your personal inferences were not true. After releasing your letter the Grand Jury's position not to become involved in such Politicization was stated in their September 9, 1992 letter to you,Quote: "In light of the City Attorney releasing the above referenced letter (Penman June 19, 1992) to the public on June 26,1992, the Grand Jury concludes a confidential examination of both the Executive and City Attorney office would be difficult. In addition,because of the public debate,the CsBy aL9 has become a highly politicized issue. For these reasons the Grand Jury will not participate in an investigation of this complaint." "If the City of San Bernardino wishes to conduct an audit of these complaints raised in items!,!1,and 111,the Grand Jury would select an independent audit firm to conduct the investigation." (See attached January 5,1994 Article:"S.B.Attorney could save$500 thousand Audit Suggest) (See attached September 9, 1992 Grand Jury letter to James Penman Re:Management Audit and Politicization) (See attached June 19,1992 James Penman letter of Complaint to the Grand Jury/District Attorney) Penman Comment of Unpermitted Stubblefield and Widmeyer Massive Grading June 19, 1992: You did not accept the Grand Jury's offer. As you know, Item H included in your June 19, 1992 Grand Jury letter referenced unpermitted Massive Grading for Roads, Curb, Gutter and Infrastructure Construction of drains, pipelines, reservoirs for House Lots and Apartment Pads also effecting Small Canyon and City Creek Canyon. You wrote that these unyermitted House Lots and Apartment Pads cost the Cit y hundre ds of thousands of dollars in lost Develo ment Fees. You had also informed me of this unpermitted Widmeyer "Patton Hills" and Stubblefield "Mountain Shadows" Massive Grading and infrastructure construction on February 11, 1992. Warner Hodgdon or Rancho San Andreas Company had done no such activity in the Sterling Avenue Area or Highland Hills. Never-the-less you only wrote your follow-up June 19, 1992 letter of complaints about Widmeyer/Stubblefield to the Grand Jury/District Attorney and then followed by filing February 5, 1993 alleged issues only against Warner Hodgdon/RSA in the Sterling Avenue Area and Highland Hills (Avenue) Area. It was not without coincidence to Rt. 330/City Creek-Cook Canyon me to later learn that these two related Stubblefield areas had been used in contiguous SWORN TESTIMONY for the January 28, 1991 Stubblefield vs. The City Trial handled by your Deputy City Attorney, Henry Empeno, the result being Stubblefield awarded$11.537 Million Damages against the City. Mayor Holcomb impeding James F. Penman July 15, 1991 recommended Stubblefield Settlement to the Council. At our February 11, 1992 meeting and by my applicable February 6 and 21, 1992 letter's to you I had concerns regarding the handling of the 492 apartment site and Violation of Rights relative to HERITAGE OF THE MOUPTTA 4S AND VALLEY BEGAN IN 18S0 OHEADQUARTERS:POST OFFICE BOX 2146,ARROWFffaD SPRINGS,SAN BERNARDINO.CALIFORNIA 92.406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A VARWR V.HODGDON FAMILY GROUP AFFILIATE Page 4 do battle with him and others in every way. The April 15, 1991 Certified Council Minutes carry your recommended and applicable Stubblefield 766% Density Increase. (See attached April 15, 1991 Certified Council Minutes RE:Stubblefield 766%Density Increase and Settlement) City Outside Legal Counsel Cost Exceed $1 Million Violation of Rights/No Due Process: At your request I worked with RSA Legal Council to Settle other Law Suits against the City and City Ordinance difficulties you had. These were the January 14, 1988 Highland Homeowners Association Legal Action, the Save San Bernardino Legal Action challenging the July 3, 1989 General Plan,then John Edwins Major Claim in the Sterling Avenue Area and the Administrators Ordinance. At significant RSA time and expense I was pleased to resolve these major issues for the City and you. There was No Cost or No Loss to the City. I now understand subsequent outside legal counsel hired for the Stubblefield $11.537 Million Appeal alone for Violation of Rights has now cost the City over $1 Million. Most recently the City paid $400 thousand in Damages against you and the City for being found Guilty by the Federal Court of No Due Process in handling one of the Motel Development Code Enforcement Cases directed by you, and other similar No Due Process Cases are in Federal Court. James F. Penman the only Candidate, "Fight Crime Manager", RSA No Hidden Agenda: As represented to you on February 11, 1992 RSA or myself has no hidden agenda and therefore continues to keep you informed as best we can. This letter and Deliverables included. Like wise, your February 11, 1992 D.A. representations to me hold true, and you publicly announced on Saturday, January 8, 1994 your running for the incumbent District Attorney's Office as the only FI HT CRIME MANAGER candidate. Lowell Lathrop was DA for 28 years before incumbent Dennis Kottmeyer, who has chosen to fulfill his term obligations only. There has been few elections in the County when both a new DA and new Sheriff ran for office concurrently as non incumbents. Fostered Bed of Crime a False Platform for Political Opportunism: It is not the long happening advent of our deteriorating community becoming a Mecca for Crime and the associated negative result that qualifies anyone already in office for larger 7, i 1 focus. The real focus of need is caused from years of accumulated City deterioration and Socio/Economic blight resulting from the past overall poor inter-governmental management that has fostered this spreading bed of crime in current times. Thus,this Void creates a FALSE PLATFORM OF POLITICAL OPPORTUNISM for those responsible to ride the crest of crime as Saviors, and in reality at the on-going higher expense to every Business, Lost Jobs and all CITIZENS DEPRECIATING HOME EQUITY VALUES. Bleak Portrait of the City by acting Police Chief Wayne Harp: To prove my exact point, the current facts are carried in the January 10, 1994 The Sun "S.B. Grant would add 23 Officers". The applicable 1992 FBI Report points out: (1) the City is first in the State and 13th in the Nation for Crime, (2) the City's Tax Base can not support a major increase in the police budget, which now takes 42% of the total City Budget, (3) City unemployment is 16% and Welfare recipients total another 34%. The City Federal Grant Application is for a $1.9 Million Grant totals that t added Budget Funds receive t period. s N illion o Federal/C tyFndsdaa or support for needed expenditure defended by the City's rampant Job Loss. City Job Loss and No Replacement paints a "Bleak Portrait": Norton AFB Closure indirect and direct Job Loss was 27,000 and $1.8 Billion Socio/Economic Impact Loss. Since 1988-1994 not one replacement Job has been confirmed. In terms of Actin Police olice Chief Wayne Hn, the above is a "Bleak Portrait" but what is needed to win a Federal Grant. In truth, HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 W OHEADQUARTERS:POST OFFICE BOX 2146.ARROWHEAD SPRR4GS,SAN BERNARDINO-CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO.CALIFORNIA 92404.(714)883-0153 A WARNER W.HODGDON FAMILY GROIR AFMIATE Page 5 our City has been allowed to deteriorate so badly that the exodus of 2100 members of 10 major gangs, 874 parolees and 174 fugitives from other C'ite's is now fostered by veers of our own C itv's allowed blight. These facts are found in the Sun January 10, 1994 article. (See attached January 10, 1994 Sun Article titled:"S.B.Grant would add 23 officers") Deteriorating Neighborhoods and the City cannot Sustain Police/Fire 60% of Budget Cost: Prod uctive Focus to well manage the existing residential neighborhoods before they are all lost and retention of the Job Base are essential. To combine this with the overall residential Quality of Life for the entire East Valley Community Area(s) growth is the required long term foundation for New � and the appreciation of every Business, existing and future Citizen's Home Equity Values. Residential neighborhoods are the largest single personal capital investment and generation of Public Revenue Resources, i.e. it is good neighborhoods that retain existing Jobs and encourage New Jobs. Lff this neighborhood deterioration is not addressed immcdiately government cannot hire enough Law and Fire Enforcement or even sustain the pay for those now equipped for service. The City Police and Fire Cost are 60%± of the total City Budget. The Campaign Drain: Certainly your last two years of continuous preparation and the forthcoming singled-minded time required to campaign for DA is leaving the City with many problems and Multi-Million Dollar lawsuits to be resolved and paid for with City Public Funds. My family's Community Interest concerns are to the total picture of accumulative negative f future f Public Revenue within Re their pre-requisite requisite to City Budget Resources and curtailment Promote Capital Investment and Positive Result. We stand available to receive your call response or to meet with you and _others in Productive Focus. Respectfully Submitted, Warner W. Hodgdon CC: Mayor and Common Council Shauna Clark,City Administrator Florentino Garza,Esq.,Garza&Reyes HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146.ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(114)883-0153 azmzsz A WARNER W.HODGDON FAMILY GROUP AFFILIATE RSA-SECRET HOLLOW RANCH AND HIGHLAND HILLS 1988-1993 INTER-GOVERNMENTAL COOPERATION CHRONOLOGY: 1. RSA/DFG April 1988 Highland Hills-Cook Canyon Clean-Up 2. RSA/EVWD April 1988 Treatment Plant/1-iighland Hills On-Site Clean-Up 3. RSA/USFS/Highland Recreation Trails Interim Alignment May 1988 4. RSA/DFG June 1988 Highland Hills-Cook Canyon Clean-Up 5. RSA/City/Highland Hills Homeowners Association August 28, 1988 6. RSA/Highland Hills Homeowners Association December 17, 1988 7. RSA April 1989 Rt. 330 Caltrans/Contractor Fill Material at No Cost 8. RSA/City/Highland Hills Homeowners Association Settlement Agreement May 1989 9. RSA/City June 2, 1989 Updated City General Plan and FEIR 10. RSA/City/Highland Hills Homeowners Association June 10, 1989 11. RSA/City/Highland Hills Homeowners Association June 21, 1989 12. RSA/City/Highland Hills Homeowners Association Settlement Agreement July 3, 1989 Approved by Superior Court Judge Ben T. Kayashima 13. RSA/CDF-FP Highland Hills Prescribed Burn Agreement September 1989 14. RSA/CDF-FP May 1990 Highland Hills On-Site Review 15. RSA/City Engineering May 1990 Highland Hills On-Site Review 16. RSA/Councilman Maudsley June 1990 Highland Hills On-Site Review 17. RSA/DFG June 15, 1990 Highland Hills On-Site Review 18. RSA/Mayor December 1990 Highland Hills On-Site Review 19. RSA/USFS December 18, 1991 Sterling Avenue Area On-Site Review 20. RSA/City Planning December 19, 1991 Sterling Avenue Area On-Site Review 21. RSA/DFG June 12, 1992 Highland Hills On-Site Review 22. RSA/City Engineering July 1992 Highland Hills On-Site Review/Report 23. RSA/City Engineering August 1992 Sterling Avenue Area On-Site Review/Report 24. RSA/EVWD 1992-1993 Highland Hills On-Site Reviews 25. RSA/SBCT&FCG March 9, 1993 Sterling Avenue Area Review 26. RSA/SBCT&FCG June 1988-1993 City Creek Channel On-Site Review 27. RSA/City/DFG August 4, 1993 Investigation of Widmeyer/Stubblefield 28. 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L February 15, 1993 Mayor and Common Council City of San Bernardino RE: City Supplemental Agenda Items S-1 and S-3,February 15, 1993: Appropriate$200,000 from General Fund Reserve to City Attorney Budget RE:Outside Attomey(s) City/Stubblefield Agreement RL 330 Primary/Secondary Access II, March 22, 1993 Mayor and Common Council City of San Bernardino RE: City/Stubblefield Agreement Primary/Secondary Access RL 330 Council Agenda Item 39 M. April 19, 1993 Mr. Henry Empeflo Deputy City Attorney City of San Bernardino RE: ERC/DRC Meeting April 15, 1993 Agenda Item 3,Tentative Tract 14112 Henry Empeno misleading comments and misrepresentation IV. May 20, 1993 Mr. Al Boughey Director of Planning and Building Services Mr. Greg Gubman, Associate Planner City of San Bernardino Planning Department RE: The Sterling Avenue Area May 17, 1993 Planning Pre-Meeting For: Planning Commission Meeting May 18, 1993 and Council Action May 24, 1993 Subject: Sterling Heights Supplemental EIR Stubblefield RL 330 Initial Study,September 11, 1992 Borrow Site and Grading Plan for RL 330 Freeway Fill Material (City Consultant:Tom Dodson&Associates) DFG/RSA Meeting April 27, 1993-Highland Hills Enhanced Resource Plan Empeno Conflict with Stubblefield RL 330 480 Apartment Site V. May 21, 1993 Mr. Al Boughey Director of Planning and Building Services City of San Bernardino Planning Department RE: May 18, 1993 Planning Commission Meeting Agenda Item 9,Supplemental EIR(City Consultant Tom Dodson&Associates) Sterling Heights/The Sterling Avenue Area Primary/Secondary Access 1/22/86 Reconfirmation "City Hypocrisy" Sterling Heights Legal Counsel letter of May 17, 1993 Stubblefield vs The City of San Bernardino Page 1 of 5 Tom Dodson&Associates Conflict to RSA Highland Hills as City Consultant For. Stubblefield 50 year Development Agreement Rt.330 Sub-Standard Primary/Secondary Access to 480 High Density Apartments VI. May 24, 1993 Mr. Henry Empetio Deputy City Attorney City of San Bernardino RE: Mark Urban,DAG/Henry Empefio,Esq. Tuesday,April 27, 1993 Joint Meeting Attendees:Dan McKinney,Esq.,Reid&Hellyer,Warner Hodgdon and Aaron Hodgdon,RSA Purpose:Fish and Game Resolve,Captain McBride and Mike Giusti,Biologist Dedicated Sterling Avenue and Highland Hills Ranch,Cook Canyon VIL July 12, 1993 Mr. Michael Giusti Associate Fishery Biologist California Department of Fish and Game RE: RSA-Highland Hills Ranch Overall Enhanced Resource Management Plan On-site Overview Meeting:Monday,July 19, 1993 8:30 AM VIII. July 12, 1993 Mr. Al Boughey Director of Planning and Building Services City of San Bernardino Planning Department RE: (1) Special Council Meeting,June 28, 1993: Rancon/City 25 year Development Agreement under. 2 Million sq.ft.,300 thousand sq. ft Density Transfer Shift 8 high rise buildings Increase from 4 stories to 20 stories(280-300 Feet High)CUP and Code Amendment Initial Environmental Study(IES)and Negative Declaration Tiered on 1983 General Industrial Redevelopment Project Area FEIR for (2) Planning Meeting for Clarification and Direction to RSA-Highland Hills, July 1, 1993: City Environmental(Biologist)Consultant Conflict of Interest(Tom Dodson&Associates) Sterling Heights-The Sterling Avenue Area-Stubblefield-Highland Hills Purpose Rancho San Andreas North Plan(s)of Develgpment(RSA)Implementation and DFG/City/RSA Base Data and Highland Hills Overall Enhanced Resource Management Plan Attendees: Al Boughey,Planning Director;Valerie Ross,Acting Principle Planner,Henry Empeiio,Deputy City Attorney;and Tom Dodson,Environmental Consultant;Warner Hodgdon and Aaron Hodgdon,RSA (3) DFG/City/Lilburn Corporation/RSA Base Data For and With: DFG/City/RSA-Highland Hills Enhanced Resource Management Plan Includes:DFG/City Alleged issues and any Settlement Process (4) DFG Biologist Mike Giusti Scheduled a Meeting on Friday,July 9, 1993 For:Joint Review of RSA Overall Highland Hills for Monday,July 19, 1993,8:30 AM Canceled by DFG Patrol Captain Mike McBride Friday.July 9. 1993 (5) July 9, 1993 City Planning Request to Meet with RSA-Highland Hills IX. Draft Memorandum Date: August 13, 1993 To: Memo to File (RSA) Page 2 of 5 From: Warner Hodgdon Subject: DFG/City Attorney Investigators at EVWD Offices August 4, 1993 10:30 AM For: Investigations and Joint Coordination of,Stubblefield,Widmeyer and Amber Hills Massive Grading and Infrastructure Construction for(Roads,Curb,Gutter,Drains, Pipelines,Reservoirs,Small/City Creek Canyon and other Streambed Alterations) House Lots and Apartment Pads (DFG Warden John Slaughter,City Attorney Investigators Dave Stackowski and Cecil Dillard) Warner Hodgdon Conversation With: City Attorney Investigator Dave Stackowski August 13, 1993 X. August 30, 1993 Michael L.Warren Deputy Chief Officer State of California Department of Forestry and Fire Protection RE: CDF-FP Prescribed Burning Project Standard Agreement No.3-005-BDO.03 Rancho San Andreas-Highland Hills,September 8, 1989 XI. September 3, 1993 Mr. Al Boughey Director of Planning and Building Services City of San Bernardino Planning Department RE: City Development and Environmental Review Committee, Final Agenda Items 4 and 5 August 26, 1993(attached) Stubblefield Construction Company Planning Applications, East Route 330/City Creek Canyon 20 acre Site: (1) March 26, 1993 Variance Application VAR 93-07 (2) March 26, 1993 Development Code Amendment Application DCA 93-05 (3) March 26, 1993 Development Agreement Application DA 93-01 per, March 22, 1993 Unsigned 50 year Development Agreement and Attached July 14, 1992 Planning Support letter (4) August 1993 Tom Dodson&Associates Initial Environmental Study(IFS)and Recommended Negative Declaration for. Amendment toCity Development Code Subdivision Regulations/Access(19.30.200) (5) August 1993 Tom Dodson&Associates Initial Environmental Study(IFS)and, Recommended Negative Declaration for. Stubblefield/City 50 year Development Agreement 93-01 XII. September 7, 1993 Mr. Dan G. McKinney, Esquire Reid & Hellyer, A Professional Corporation RE: June 25, 1993 letter by Mark J.Urban,DAG February 5, 1993 People vs.HODGDON Joint DFG/City/RSA-Highland Hills Understanding,April 27, 1993 "Kill two Birds with One Stone",DAG XHL September 27, 1993 Mr. Mark J. Urban Deputy Attorney General State of California Department of Justice RE: Mark J.Urban,Deputy Attorney General June 25, 1994 letter to Dan McKinney,Esq. People vs.Hodgdon, S.B.Co. Superior Court No. SCV01030 Page 3 of 5 (1) 122/86 Dedicated Sterling Avenue Area Back-Up Restoration Plan (2) Highland Hills Ranch Access,Upper Cook Canyon Restoration X IV. September 29, 1993 Warden John D. Slaughter Wildlife Protection State of California Department of Fish and Game RE: DFG/City Attorney Investigators at EVWD August 4, 1993 10:30 AM For: Stubblefield "Mountain Shadows", Widmeyer"Patton Hills" and San Manuel Indians Tribe's "Amber Hills"Investigations and Coordination as to: Massive Grading and Infrastructure Construction (Roads for Curbs and Gutters, Drains, Pipelines, Reservoirs,House Lots and Apartment Pads) (DFG Warden John Slaughter,City Attorney Investigators Dave Stackowski and Cecil Dillard) Warner Hodgdon Conversation With: City Attorney Investigator Dave Stackowski August 13, 1993 XV. October 11, 1993 Mr. Dave Stackowski San Bernardino City Attorney Investigator RE: DFG/City Attorney Investigators on-going cooperation with, EVWD Administration on August 4, 1993 for Investigation of, DFG Warden John Slaughter,City Attorney Investigator Dave Stackowski and Cecil Dillard Massive Grading,Infrastructure Construction,Streambed Alterations Widmeyer"Patton Hills",Stubblefield"Mountain Shadows"and San Manuel Indian Tribe"Amber Hills" XVI. October 25, 1993 Mr. Al Boughey Director of Planning and Building Services City of San Bernardino Planning Department RE: Planning Director Non-Response to RSA Request, July 14, 1993, August 19, 1993 and October 20, 1993 i.e.Written Response Confirming DFG/City Attorney and Planning acceptability of Lilbum Corporation For: Highland Hills Enhanced Resource Management Plan Stubblefield March 26, 1993 Application(s): East Rt.330/City Creek Canyon 20 acre property (1) Variance (2) Development Code Amendment (3) 50 year Development Agreement for: Sub-Standard Primary/Secondary Access and Maintenance July 15, 1991 City Attorney Recommendations For: (Agenda Item 39) City Initiated Amendment to the June 2, 1989 Updated City General Plan and FEIR For:Stubblefield 283 acre east/west Rt.330 Property(766%Density Increase) XVII. October 28, 1993 Mr. John Stubblefield Stubblefield Construction Company RE: Stubblefield March 26, 1993 Planning Application(s)For: (1)Variance,(2)Development Code Amendment,and(3)50 Year Development Agreement Development and Environmental Review Committee(DERC) Stubblefield East Rt.330/City Creek Canyon 20 Acre Property Page 4 of 5 DERC September 23, 1993 Final Agenda Item 3 City Development Code Amendment XVIII. November 7, 1993 Mr. Al Boughey Director of Planning and Building Services City of San Bernardino Planning Department RE: Planning Director Non-Response to RSA as committed July 14, 1993 and, Respectfully Requests of July 14, 1993,August 19, 1993 and October 20, 1993 re: Written Response confirming DFG/City Attorney and Planning acceptability For.Lilbum Corporation(Environmental Biologist) DFG/City/RSA-Highland Hills Enhanced resource Management Plan (Joint cooperation with DFG Biologist Mike Giusti to assemble Data Base etc. XVII. January 8, 1994 Mr. James F. Penman City Attorney City of San Bernardino RE: Warner Hodgdon December 11, 1993 letter to James F.Penman,City Attorney RE: Stubblefield$11.537 Million Damages Awarded Against the City April 2, 1991 for: Violation of Rights to Build 492 Low and Moderate Income Apartments City and Superior Court Approved July 3, 1993 City/Highland Hills Homeowners Association Settlement Agreement City/DFG February 5, 1993 Allegations served, Warner Hodgdon/Rancho San Andreas Company(RSA)for, The Sterling Avenue Area and Highland Hills RE: James F.Penman Civic Center Motel DA Campaign Photographs December 23, 1993 XVIII. January 9, 1994 Mr. John Stubblefield Stubblefield Construction Co. RE: John Stubblefield Comments on September 23, 1993 regarding Sub-Standard Primary/Secondary Access east RL 330/City Creek Canyon 20 acre property Related Chronology: I. Draft July 6, 1993 For Discussion Purposes Only THE STERLING AVENUE AREA CHRONOLOGY and BACKGROUND ACTIONS FUNDING STRUCTURE and TENTATIVE ACTION SCHEDULE THE STERLING AVENUE AREA PRIMARY/SECONDARY ACCESS IMPLEMENTATION with LANDSCAPE/MITIGATION PLAN IMPLEMENTATION The Participating parties are: Sterling Heights,City/EDA Little Sand Canyon and RSA-Secret Hollow Ranch Sterling Avenue Area Acquisition Improvement District(s)/Ordinance and Maintenance District(s) Page 5 of 5 r n is .,t it ,W- 3 +i 1 f'�J 0 t t + Y;. e- ;>> 7 Ac. 1. 1 I -a s Y t r 11 t+ -yr. $` •'" ::a 'l.y, y.i .. i' is '.`'y. t++k` jv I A''a,� at`r! c +( + : 7 +t :i r tx - t { 'r_ r art %lres 'J ,4►.a 7_.4> r�{ <y., 1'. �,-, t° 3 pia s+ / y a`�s s t - jJ.; - ;'. I �.''' �- �tiJ+ t•ti. ,(r i`- C l.r a. '.v t-fit _- e S.. .t, t y { 7 t L `` '%.1111,TY.s<� i:,,,, �t, I '`ob'r't��Yr>r?tf+ { t ".,, t% t J' , i t ._: 5.2 y -! °�4'I t et ♦--.t. 14' ..-'z 1.��a< !. 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SCHEDULE OF LETTERS, DATA AND DOCUMENTATION FORWARDED TO MR.JAMES F.PENMAN,CITY ATTORNEY BY RSA COMPANY LETTER DATED FEBRUARY 21. 1992 WOODLAND HEIGHTS PRIMARY AND SECONDARY ROAD ACCESS AREA BOOK: Prepared By Rancho San Andreas Company For Mr. Paul Allaire,Fwe Inspector Dated December 30, 1991 Includes RSA Company letter dated December 30. 1991 to Mr.Paul Allaire,Fire Inspector RE: Woodland Heights Specific Plan and EIR 2. SECRET HOLLOW RANCH CLEAN-UP AND MAINTENANCE BOOK: (WOODLAND HEIGHTS) Prepared By Rancho San Andreas Company For Councilman Michael Maudsley Dated December 30, 1991 Includes RSA Company letter dated January 14, 1992 to Councilman Michael Maudsley RE: Secret Hollow Ranch(Woodland Heights Specific Plan) Other Topics Includes RSA Company letter dated December 30, 1991 to Mr.and Mrs.Don Pietcasiewicz RE: Access Research and Consideration Daley Canyon Road North-Daley Canyon Road East 3. STATE ROUTE 330 FREEWAY CONSTRUCTION BOOK: HIGHLAND AVENUE AND CITY CREEK JUNE 1991 - DECEMBER 1991 (RSA-FCCC&R: State Route 330 Freeway Interim Fill Material Source Area) Prepared By Rancho San Andreas Company(Forest Creek Country Club and Resort) For Mr.Roger G.Hardgrave,Director of Public Works-City Engineer Dated January 9, 1992 Includes RSA Company letter dated January 10, 1992 to Mr.Roger G.Hardgrave,Director of Public Works- City Engineer RE: (1) Woodland Heights Specific Plan (2) City Water Department Property(143 Acres) (3) Rancho San Andreas-Forest Creek Country Club and Resort Rt.330 Freeway Interim Material Source Area and City Application Permit (4) Wal-Mart/Mervyn's Development.Highland/Boulder Avenues-Rt.330 Freeway (5) Major Widening of City Creek and Removal of Hundreds of Trees (6) East Highland-Vegetation Management Program(VMP)and Prescribed Burn Pagel of 4 Schedule of Letters, Data and Documentation Page 2 of 4 4. STATE ROUTE 330 FREEWAY CONSTRUCTION BOOK: HIGHLAND AVENUE AND CITY CREEK JUNE 1991 - DECEMBER 1991 (RSA-FCCC&R: State Route 330 Freeway Interim Fill Material Source Area) Prepared By Rancho San Andreas Company(Forest Creek Country Club and Resort) For Mr. Michael Maudsley,Councilman,Fourth Ward,City of San Bernardino Dated January 10, 1992 Includes RSA Company letter dated December 31,1991 to Councilman Michael Maudsley RE: (1) Woodland Heights Specific Plan (2) Wal-Mart/Mmyns Development.Highland/Boulder Avenues-Rt.330 Freeway (3) Stubblefield-Mountain Shadows Property Borrow Site and Grading Plans City Permit Application (4) City Council Planning Agenda,Monday,July 15.1991,Item 38,Stubblefield 29 Acres Mountain Shadows (5) Rancho San Andreas-Forest Creels Country Club and Resort Rt.330 Freeway Interim Material Source Area and City Application Permit (6) Little Sand Canyon City Water Department Property(143 Acres) Includes RSA Company letter dated September 5.1991 to Councilman Michael Maudsley RE: City Council Planning Agenda,Item 38,Monday,July 15,1991.Stubblefield 29 Acres and Litigation City Initiated General Plan Amendment(Stubblefield 283 Acres) Wal-Mart Development and Apartment Project South of Stubblefield Property 5. RSA Company letter to Mayor W. R."Bob" Holcomb dated January 30, 1992: RE: City of San Bernardino RSA-Forest Creek Country Club and Resort(Highland Ilills) City of Highland Concern for City Creek Construction Wal-Mart/Mervyn's Village Center,HighlarWBoulder Avenues&Rt.330 Freeway AtLchments Fotw nkd: STATE ROUTE 330 FREEWAY CONSTRUCTION BOOK: HIGHLAND AVENUE AND CITY CREEK JUNE 1991 -DECEMBER 1991 (RSA-FCCC&R: State Route 330 Freeway Interim Fill Material Source Area) Prepared By Rancho San Andreas Company(Forest Creek Country Club and Resort) For Mr.Roger G.Hardgrave,Director of Public Works-City Engineer Dated January 9. 1992 NORTH FORK- BEAR VALLEY DITCH BOOK EXISTING CONDITIONS-FRIDAY,JANUARY 17,1992 Prepared By Rancho San Andreas Company(Forest Creek Country Club and Resort) For Mr.Robert G. Martin,General Manager,East Valley Water District Dated Friday,January 17, 1992 Schedule of Letters, Data and Documentation Page 3of4 Includes RSA Company letter dated January.20 1992 to Mr.Robert G.Martin RE. (1) North Fork Ditch Over-Growth Restricting Flow and Accumulation of Sediment (2) Incidental Run-Off Applicable to Brush Control(Flash Fuels) (3) Relocation of North Fork Ditch as Concurred in by North Fork Water Company and the Bear Valley Mutual Water Company July 21. 1987 (4) Environmental Street Scare:EVWD Treatment Plant 6. RSA Company letter to Mayor W. R."Bob" Holcomb dated February 4, 1992: RE: City of San Bernardino Mid 1991-1992 Budget Crisis Hearings Shandin Hills Golf Club Profitability Patton Golf Cause by Cities of San Bernardino and Highland Norton AFB Expansion and Required Residential Support Base Attachment Forwarded: STATE ROUTE 330 FREEWAY CONSTRUCTION BOOK: HIGHLAND AVENUE AND CITY CREEK JUNE 1991 -DECEMBER 1991 (RSA-FCCC&R: State Route 330 Freeway Interim Fill Material Source Area) Prepared By Rancho San Andreas Company(Forest Creek Country Club and Resort) For Mr.Michael Maudsley.Councilman,Fourth Ward,City of San Bernardino Dated January 10, 1992 7. RSA Company letter to Councilman Michael Maudsley dated February 4, 1992: RE: Woodland Heights(Orchard Hills) RSA-Forest Creek Country Club and Resort(Highland Hills) 8. RSA Company letter to Mr.James F. Penman dated February 6, 1992: RE: (1) City of San Bernardino Mid 1991-1992 Budget Crisis Hearings: Declining Sales Tax and Building Growth Revenues Televised live on Community TV Channel 3 (2) Wal-Mart/Mervyn's Development,Highland/Boulder Avenues-RL 330 Freeway: Caltrins/City Mutual Benefit from RSA-Forest Creek Country Club and Resort(highland Hills)FILL MATERIAL SO URCE Given for the RL 330 Freeway at'No Cost" (3) City Council Planning Agenda,Monday,July 15,1991,Item 38,Stubblefield 29 Acres Mountain Shadows: (Superior Court Judge Don A.Turner,June 10,1991 Order) Existing General Plan 128 DU's Increased to:973 DU's or 766% (Includes 283 Acres and 480 High Density Apartments at 24 DU's per acre) Mayor and Council Approved July 15.1991 (4) ADDENDUM TO-Highland Hills Homeowners Association July 3,1989 Settlement Agreement_ Approved by Superior Court Judge Ben T.Kayashima,July 3,1989: Respondents: City of San Bernardino;Common Council for the City of San Bernardino;Environmental Review Committee for the City of San Bernardino;and Does I-XX Schedule of Letters, Data and Documentation Page 4 of 4 Real Parties-_n-int c= Dennis A.Martin,Dukes-Dukes and Associates,a California Corporation;Highland Hills Gateway;Highland Hills Properties.a limited Partnership;San Gorgonio Company,a California Corporation;William G.Smith(now deceased);Warner W.Hodgdon(Does)XI)and Does)DM-XX)CV City of Highland: Amicus Curiae 9. RSA Company letter to Mr.William E. Leonard dated February 17, 1992: RE: Fallow City Water Department Property(143 Acres) Blatter Property(Contiguous and fronting Foothill Drive) 10. RSA Company letter to Mr.James F. Penman dated February 21, 1992: RE: Discussion Meeting Tuesday,February 11.1992 Draft Addendum to July 3, 1989 Highland Homeowners Settlement Agreement Other Matters SUPPLEMENTAL DATA AND DOCUMENTATION: 11. Warner W. Hodgdon Book: "Overview Presentation For Consideration" Prepared for:The Norton Expansion Committee Meeting of June 8, 1989 Section One: EAST VALLEY INTERNATIONAL SCIENCE-TECHNOLOGY AIRPARK(STA) East Valley International Science-Tecimology Aitpark Regional Authority Section Two: EAST VALLEY CIRCULATION-OVERALL PLANS OF DEVELOPMENT For The Retention and Reinforcement of Employment and Economic Resources 12. RSA Company Book and letter"Draft Memorandum Update"to Councilman Michael Maudsley dated September 27, 1990: RE: Rancho San Andreas"Highland Hills"Resort "Crosstown"Freeway"CIRCULATION LOOP"Scheduled for Completion May 1993 13. RSA Company "Draft Memorandum"to Mayor Holcomb dated August 3, 1990: RE: L The City Pioneer Cemetery Expansion: "Active Seniors"Mid-Rise Residential Scene: II. RSA"Highland Hills"Country Club and Resort: A City of San Bernardino$220 Million"Plans of Developments": III. Norton Economic Expansion Committee(NEEC): $1.8 Billion"Economic Impact"to the Inland Valley: Norton Air Force base Relinquishment: Moreno Airport International Concept Proposal• Inland Development Authority(IDA)One"Master Developer"Approval: 14. 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E no 0 ..�u .0 0t7 vdiN 3EC >,by' � d t;.0 .. bO.0 3 r OvE•FOa ��MO ou M3V oia`�= a°0i3c: aoapo o m y„O„ 0 o.O f. �tq y .~�'u tOp l0 ca4jawb to g3 1 Q v� 0ai3° M�M ` ., mGo o & oc.n vv."�r >,v= > v o =baOVO ovv .0 >.O 6o:o4ov) o . vOC�..ow DXs oltice The flea S.eSoa a Saturday January 8,1994 aftracts S.B., Metro/West dty ttLLU ney ■San Bernardino qty POUTICS Attomey James Penman says help run to succeed retiring Disrict Attorney Dennis Kottmeler. By RIOMD BROOKS Sun Staff Witter SAN BERNARDINO—Bare- ly a day after District Attorney Dennis Kottmeier announced he won't seek reelection, San Ber- nardino City Attorney James Penman said he'll run for the job. "We have no candidate In the race for district attorney who has experience running a prosecuto- rial legal office other than my- self,"the 46-year-old Penman said Friday. _ The other annqunced candi- ` oleat crime date in the June election is Ran- cho Cucamonga Mayor Dennis � is)the Stout, a trial lawyer in the dis- trict attorney's office, biggest problemt,.�, Another candidate is ex- Were facing n this pected to join the race next week. g "I'm strongly leaning in that country. direction,"said B.Gene Bristoll, a former deputy district attorney who is a defense lawyer in San names Paueaa Bernardino. "I'll announce my San Bernardino aty Attorney decision Tuesday." To Penman,the top priority is dear.violent crime. It's a question of rooting out "That's the biggest problem hard-core criminals and salvag- we're facing in this country." ing still-impressionable young- sters,Penman said. The war on crime has been a As a lawyer, penman was in flop because officials are using private practice from 1980-87. antiquated methods against the gang and drug problems,he said. He won election as city attor- ney in 1987,defeating Ralph "We're going to have to do prince rs. ,who held the job 28 yea . like we did in the 1970s,when the penman received 70-percent of city of San Bernardino success- the votes. fully dealt with the Hispanic city attorney, penman is gangs that had been in the city responsible for handling the since the 1940s."Penman said. city's legal business, enforcing During the'70s,Penman had laws governing.the behavior of two simultaneous roles: city Po- elected officials,and prosecuting lice commissioner and director of city-filed misdemeanors. the Home of Neighborly Service He has no felony trial experi- community center. ence. But the county's top P Prros- A coalition of community ecutor doesn't need any,he said. groups and the Police Depart- In Penman's estimation, the ment neutralized the gangs by count,district attorney should be getting hard-core criminals a leader and a manager—not a locked up and redirecting the re- working trial lawyer. maining kids into schools and jobs,Penman said. If elected,Penman expects to "Ultimately, all of the gangs have the help of Kottmeier's sec- disbanded until the gangs s, ond-in-command, Assistant Dis- when the Grips and Bloods began tnct Attorney Betty Haight to surface,"he recalled. "I anticipate she will stay on in her present position six "The gangs today are some- months to work with the tran- what different, but a lot of the sition,"said Penman."After that, same principles can be applied. the field is entirely open." And the district attorney is going to have to provide the leadership Haight could not be reached to do that." See PENMAN/83 The Sun SATURDAY,January 8.1994 I B3•` Penman: DA's position ..' Continued from Bt spawned downtown drug sales, for comment Friday afternoon. Prostitution and street violence. The crackdown involved Pen- In announcing his plans to man,police,code enforcement oi< step down,Kottmeier voiced frus- ficers and fire inspectors. tration about the county's chroni- cally shrinking police and pros- If elected district attorney, ecution budgets. Penman says he'll find similarly unconventional strategies fo_t That goes with the territory, specific problems. Penman thinks. Among the lingering ques- Among his operating prin- tions: Can he raise enough cam- ciples for the campaign: paign money to win? "There will never be enough "In this county,to run a really manpower to police, prosecute good campaign, people say you and oversee criminals..:' need to raise $300,000." he said-. "I think any candidate is going to Again, Penman points to his be lucky to raise$150,000. record of using the task-force ap- proach to close down deterio- "I have no idea how much rated motels that he says money we'll be able to raise." Catharine Hamm The Sun Asst Managing Section B Editor/Metro Monday ; (909)386-3874 January 10, 1994 Fax(909)885-8741 Metro Final so o rant 9 would dd ; Officers , ■ The Police Department POLICE applies for$1.9.million of a ing 174 fugitives. program to fight crime. Some 42 percent of the city's By RICHARD BROOKS general fund goes to the Police . Sun Staff Writer Department and its 256 officers. "Despite the fact that most of ; High crime rates and the lin- our personnel are deployed in pa- gering recession may help San trol-related functions,it is not un- ' Bernardino snag a $1.9 million common for our calls for service federal grant that would put 23 to back up 30 to 40 calls on the ; new police officers on the street. weekends because of the violent "In the FBI Crime Report of crime within our city. 1992,San Bernardino was ranked "In some extreme cases first in the state and 13th in the patrol officers have handled over nation with respect to crime 50 calls for service each during rates,"says the 54-page grant ap- one 10-hour shift." plication."During the first half of The city's tax base can't sup- 1993, San Bernardino had the port a major increase in the po:. highest murder rate in the state." lice budget,the report suggests. Cities throughout the nation "San Bernardino has expert- are competing for a share of the enced several major business clo- ; $150 million program. sures within the last...year.and Fontana recently won a half. Our current unemploy- $500,000 to hire five officers. A went rate is 16 percent Even d more telling is the fact that our decision on San Bernardino's A ap- plication is expected this month. unemployment proximately twice the been San Bernardino's new officers average for each of.the past rive would be hired and trained in years ... (and) 34 percent of the three groups, with the earliest population is on welfare." graduates hitting the streets in It amounts to a bleak portrait, November. The city's three-year but that's what is needed to win cost would be$2.8 million.At the federal help, said Acting.Police end of that period, the officers Chief Wayne Harp. would be incorporated into the Increased street patrols are a department budget. fundamental factor in lowering ; The grant is needed because crime rates,he said. city government has done all it "About a third of (officers') can to control the crime problem, time should be available for ran- the application says. "Our in- dom patrol. Our last study crease in crime over the last de- showed that less than 10 percent cade has been attributed to an - probably about 5 percent — exodus of gang members and oth- was available,"Harp said. er criminals from the city of Los The crime rate seems to be Angeles,"police wrote. leveling off statewide, but that More than 2,100 gang mem- doesn't change the bottom line, bers belong to 10 major gangs Harp said. 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R I '. g , . � I kh, 11. 11., :9-, -,- -,� .'. -- -- ­­_ � I'll? GRAND U n I COUNTY bF SAN 13ERNARDINO 351 North Arrowhead Avenue. Room 307, Courthouse San Bernardino. CA 92415-0243 • (7141 387.3820 September 9, 1992 Mr. James F. Panman City Attorney City of San Bernardino 300 North "D" Street San Bernardino, California 92418-0001 Dear Mr. Penman: The Administrative Committee of -the San Bernardino County Grand Jury has reviewed the concerns set forth in your June 19, 1992 letter. In light of the City Attorney releasing the above referenced letter to the public on June 26, 1992, the Grand Jury concludes a confidential examination of both the Executive and City Attorney offices would be difficult. In addition, because of the public debate, the complaint has become a highly politicized issue. For these reasons, the Grand Jury will not participate in an investigation of this complaint. If the City of San Bernardino wishes to conduct an audit of those complaints raised in items I, II and III, the Grand Jury would select an independent audit firm to conduct the investi-. gation. It would then be the responsibility of the City to establish the focus of the audit, to negotiate the cost of the audit, and to pay for the audit. The Executive and City Attorney offices can be assured of complete impartiality in the selection of an independent audit firm. The Grand Jury would review the audit report in order to determine if further action would be required. Because of the public awareness of the controversy existing between the Executive and City Attorney offices, the Grand Jury recommends the City of San Bernardino commit to the aforementioned examination at the earliest date possible. Sincerely, JOHN E. DUCKWORTH Foreman 1992-93 Grand Jury JED: ss • ,y -Y`•�7V,t 0 � � � a JUN 26 1992 CITY OF SAN BERNARDINO OFFICE OF THE MAYOR OFFICE OF THE CITY ATTORNEY TIME: JAMES F. PENMAN City Attorney June 19, 1992 Mr. C.H. Jordan, Jr. , Foreman SAN BERNARDINO COUNTY GRAND JURY 351 North Arrowhead Avenue Room 307, Courthouse San Bernardino, CA 92415-0243 Dear Mr. Jordan: The City Attorney's Office respectfully requests that the San Bernardino County. Grand Jury perform management studies on two departments in the City of San Bernardino. This request is made pursuant to Penal Code §925(a) . ITEM I The City of San Bernardino frequently awards contracts on public works projects. Pursuant to law (Public Contracts Code 520160 et seq. ), such projects are put out for bid and the lowest responsible bid is selected. For some years however, this process has been circumvented by "Change Orders. " Change Orders have the affect of amending a contract and adding additional cost(s) to that contract without putting it back out for re-bid. It is our recollection that approximately three years ago, the San Bernardino City Council directed or requested that an�nternal management audit of the Change Orders be conducted. The reason for this directive/request was that the Executive Department (Mayor's Office) has for some years engaged in the practice of putting out projects for bids, accepting the low bid (with Council approval), and then bringing to the Council Change Orders which are, in effect, amendments to the contracts with the low bidder. The Change Order increases the cost of the contract. There have been numerous occasions where these Change Orders have resu3ted in the contractor receiving many thousands of dollars more than the low JFP;ses/Jordan.itr CITY HALL 300 NORTH V'STREET - SAN BERNARDINO. CALIFORNIA 92418 1714) 384-5355 MR. C.H. JORDAN, JR. , FOREMAN SAN BERNARDINO COUNTY GRAND JURY JUNE 19, 1992 PAGE 2 bid originally accepted by the City from said contractor. Underestimates of the cost of proposed Public Works projects are frequent. At the Council Meeting held on Monday, June 15, 1992, a member of the Executive- Department stated in response to a question from a Council Member that the decision had been made to remove a certain requirement in the bid specifications for a retention basin in Meechum Canyon. The City accepted the low bid, and the low bidder knew the requirement had been. withdrawn when the bid was made. Next, the Council was asked to approve a Change Order adding the requirement that should have been part of the original bid specifications. The low bidder was refusing to guarantee his work without the additional work being done and the additional money being paid. Approval of this Change Order means that the contract price will be $19,895.00 more than the contractor's original low bid. The low bidder in the Meechum Canyon project reportedly made a $1,000.00 contribution to the campaign committee used by the Mayor to defeat certain City Charter Amendments on the June ballot. it has long been a concern of some City Council Members and this office that these Change Orders may be a method, albeit unintentional, of circumventing the lowest responsible bid process. However, it may also be true that other cites use Change Orders as frequently as we do. It has been suggested that such is not the case, but the matter has not been addressed as the Council requested. We are informed that instructions were given that the Council's directive/request to perform an internal management audit to review the Change Order process not be implemented. These Change Orders could impact public funds totaling hundreds of thousands of dollars. Some Change Orders have increased the price of a contract by as much as 30$, we are informed. . We believe the low bidder does become, after the Change Orders are processed, the high bidder in some cases. ITEM II This office, over the past several years, has received complaints of land' developers grading their property without the requisite grading permits. When questioned, the Mayor's Office says that the property owners are clearing fire breaks, putting in fire roads, and, in general, clearing brush and debris. JFP/ses/Jordan_ltr MR_ C.H. JORDAN, JR. , FOREMAN SAN BERNARDINO COUNTY GRAND JURY JUNE 19, 1992 PAGE 3 Complainants say the graders are actually grading for roads, curbs, gutters, other infrastructure and even for house and apartment pads. This type of grading requires a permit, which should only be issued after the project has been submitted for planning review and after said project has complied with the California Environmental Quality Act (CEQA). Lost revenue from failure to submit plans, pay for plan checks, studies, permits, etc. , could total hundreds of thousands of dollars. Complainants further allege that the City is not requiring property owners to comply with our own Municipal Code or State law. In one current case the California Department of Fish and Game complained to the District Attorney and provided information to this office that a property owner had graded roadbeds and other infrastructure and put in a dam, without permits and without complying with State environmental laws. Fish and Game officials had photographs and aerial video footage of the work, which appeared to be substantial. Fish and Game officials alleged that the City staff responded to their inquiries by claiming that the property owner was only clearing brush and debris and clearing a fire road. When this office requested that a City Engineer accompany District Attorney, City Attorney, and Fish and Game officials onto the land with a search warrant, the Mayor became angry and complained about the undersigned and the District Attorney wasting money on "honest citizens" and that Engineering had more important things to do than go off on "witch hunts." The landowner in this case, after learning that this office was looking into allegations of his grading without permits, brought into this office a check for $1,000.00 payable to a favorite charity of the undersigned. On the check was written a memo that the gift was made in the name of the undersigned. The undersigned returned this check to the landowner and made a police report on the incident. The statute of limitations had already passed when the District Attorney and this office received the information from Fish and Game_ Today, We were advised by the District Attorney's Office that Fish and Game has evidence of new grading on the same property and construction of another dam. We are informed that the statute has not run on the alleged new grading. JFP/ses/Jordan.ltr MR. C.H. JORDAN, JR. , FOREMAN SAN BERNARDINO COUNTY GRAND JURY JUNE 19, 1992 PAGE 4 For these reasons and others, we are respectfully requesting a management study of the San Bernardino City Mayor's Office primarily to review these matters which the normal City processes have not been able to review due to interference from the Executive Department. There are other specific projects and incidents which some Council Members and others have questions about and which we are prepared to share with the Grand Jury. ITEM III In addition, We are requesting that the Grand Jury have conducted an independent management study of the San Bernardino City Attorney's Office. We have been requesting such a study for more than a year to determine whether or not our case management and other practices are being conducted as efficiently as possible. We were unable to have such a study initiated until immediately after the June 2 Primary Election. At that time, the Mayor joined in our request but is insisting that his office choose and supervise the firm that will conduct the study. Because the Mayor has made it clear that he holds the City Attorney's Office responsible for the submission of certain City Charter Amendments and the passage of one of those Amendments which limits the -Mayor's authority, we are convinced that it will be impossible for the proposed management study to be conducted in an impartial manner. Rather than see the taxpayers' money spent needlessly on what we believe will be a privately motivated and privately directed management study, we request that the Grand Jury select the management study firm and supervise the above-requested study of this office, as well as that of the Mayor's Office. We are prepared to gather and present copies of Agreements, Change Orders, and other relevant documents to assist you in determining whether these are or are not proper requests for review by the Grand Jury. We realize that the Grand Jury has many important tasks and that this request is an additional burden. We regret that the situation in the City of San Bernardino has deteriorated to the point that it is necessary for a public officer to call upon the impartial offices of the Grand Jury to seek review of this City's Change Order process and the conduct of the public affairs in two of our City offices. We want to make it clear that this letter is not intended to be an accusation of any unlawful activity on the part of any person or persons. However, an independent examination of the conduct of these two offices would be beneficial in determining whether or not the best interests of the public are being served. JFP/scs/Jordan_1tr MR. C.H_ JORDAN, JR. , FOREMAN SAN BERNARDINO COUNTY GRAND JURY JUNE 19, 1992 PAGE 5 Not being familiar with your procedures, we would appreciate the opportunity to speak with you or the appropriate staff person In more detail about the issues raised herein_ Respectfully submitted, AMES F_ PENMAN City Attorney cc: Dennis Kottmeier, District Attorney COUNTY OF SAN BERNARDINO JFP/scs/Jordan.ltr •M,, y. - P ��,jVt,s . .Y :!_s ' t� .' �'�.i St ^rr r r,f..'�it i 1 r t*i•,} S[ .��)ti ~.. ,+ �t.+ ^`•'Se 'fr y r .ir4 "'� aw :,Ati: �.^`, t.•1°1.�: .'br. ..!"7-- prs'., i Aa,rM..:e rr!n,�ttcr". .q ,.-r`, a l w .' +J< �. .t +r Z. i lJ '�!r1 K t_,sat,^ s`, ti<.1 .y r .r4 'r, s) �.' •S" ht^. �2•Lt w: SY 'a? r s .i.' 2_r, yr. ,tia ;.i-�+Ytr Vir} tii.w, i'%i1? �j. .� L `k ,,< '�'dL .t :`!+'tom -;Y •r. t.+'r T `.`Sl+`f'. n^-:✓" y f.y yi�. '• tt l :�`cl � �'a", j, J +r' .A G �, T fr. 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FSM, -.r- ,}i, 1•' � +.; 3.a •}�` pL - * e = e`G., ey� *wt`F!i ^^i'as'•"1' 'fie' Sa� »'J..yt.. _ s�Y- '�•�, K 11 1 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) SS 2 CITY OF SAN BERNARDINO ) 3 I, Rachel Rrasney, City Clerk of the City of San Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of the July 15, 1991 4 Minutes of the Mayor and Common Council Meeting is a full, true and correct copy of that now on file in this office. 5 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the 6 official seal of the Mayor and Common Council of the City of San Bernardino this 14th day of August, 1992. 7 8 RACHEL RRASNEY City Clerk 9 By 10 °epu/y / 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 j MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGULAR MEETING JULY 15, 1991 COUNCIL CHAMBERS The regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb at 8:35 a.m. , Monday, July 15, 1991, in the -Council Chambers of City Hall, 300 North "W"Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Edwins. Absent: Council Members Hernandez, Maudsley, Minor. RECESS MEETING - CLOSED SESSION (1) At 8:35 a.m. , the Mayor and Common Council and Community Development Commission recessed to closed session for the following: a. to give instruction to the City's/Commission's negotiator on the purchase of property pursuant to Government Code Section 54956.8. The real property which the negotiations concern is generally located at: b. to consider personnel matters pursuant to Government Code Section 54957; C. to meet with designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6; d. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the public's right of access to _public services or public facilities pursuant to Government Code Section 54957; e. to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956.9(b) (1) , as there is significant exposure to litigation; 1 7/15/91 the priority of all Public works projects in the City, and that a financial report be presented relating to project cost and funding sources. The Council expressed concern that all city residents were paying for local residential streets. Council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, to approve the compromise agreement for Assessment District No. 987, Verdemont Area, in principle, as outlined above, and that it be continued to Jul y 19, 1991, in the Council Chambers of City Hall, 300 North D Street, San Bernardino, California. CONSTRUCTION OF STREET .IMPROVEMENTS IN VERDEMOPT AREA_ APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS - CONTINUED FROM JUNE 17, 1991 (30) This is the time and place continued to for consideration of construction of street improvements in the Verdemont Area. In a memorandum dated May 28, 1991, Roger Hardgrave, Director of Public Works/City Engineer, reported that the plans for installation of street improvements have been repared and the project is ready to be advertised for bids. p consists of installing sewer mains The project paving, curbs and gutters, sidewalk and street lights on Irvington Street (south side) Pine Avenue to 600 ' west; Irvington Avenue to '-Olive Avenue to Palm Avenue; Irvington Avenue to Palm Avenue to Magnolia; and Magnolia Avenue to Belmont Avenue to Meyers Road. The total estimated project cost is $470,000. Council Member Estrada made a motion, seconded by Council Member Reilly, and unanimously carried, that approval of plans and authorization to advertise for bids for street improvements in Verdemont, be continued to July 19, 1991, in the Council Californ Chambers of City Hall, 300 North "D" Street, San Bernardino, ia. PROPOSED GENERAL PLAN AMENDMENT - 29 ACRES NORTH OF 28TH STREET, EAST OF MICHELLE LANE AND WEST OF SEINE AVENUE (38) In a memorandum dated July 8, 1991, James F. Penman, City Attorney, stated that litigation had been filed against the City relating to action involving approximately 29 acres generally located north of 28th Street, east of Michelle Lane and west of Seine Avenue. After a jury trial, judgment was issued finding the City liable for damages. In an attempt to settle this litigation it is recor-�mended that the City consider allowing the c.uveloper to develop the subject property at a somewhat increased single family density than currently allowed under the General Plan, but that the requirement for single-family residences be retained. 27 7/15/91 -.-.-,-,1J1ined that in clasc-_ se-_-Sion discus-sicr. wZ1 S, 11-ld re lc 1--J_.­c, '.=C the General 1'1 Ln A m�e n dm ca n for tl'i Stubblefield prap-r7Ly. Deputy Cit-,, t.tto_-_-ney En,,Deno explained that the area to L, included In t!L,-- General Plan A.-nendnent would require public described as approximately 37 acres at the northerly terminus of Citrus and La Praix, 182 acres to the north of that T)ropert--. it is proposed to increase the density, but to retain the single family designation for 44 acres north of the existing Mountain Shadows Mobile Home Park; and that the approximately 20 acres east of City Creek Road, north of Highland Avenue, have a multi- family designation. Mayor Holcomb stated that the recommended General Plan Amendment was being init4-ated at the recommendation of the City Attorney with the following conditions : 1) that no apartments be authorized; 2 ) a full Environmental Impact Report be conducted; 3) that there be an extension of mobile homes on the existing mobile home subdivision, and 4 ) that the isolated parcel east of the new proposed hichway alignment going up the mountain be zoned R-3 . Council Member Minor made a motion, seconded by Council Member Yiller, and unanimously carried, that staff be directed to initiate a General Plan Amendment in the area is generally described as approximately 37 acres at the northerly terminus 01 Citrus and La Praix, 182 acres to the north of that property. It is proposed to increase the density, but to retain the single family designation for 44 acres north of the existing Mountain ,P Mobile Home Park; and that the approximately 20 acres east of City Creek Road, north of Highland Avenue, have a mult! _ family designation. RES. 91-325 - RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO E. L. YEAGER CONSTRUCTION COMPANY, INC. FOR PAVEMENT REHABILITATION ON WATERMAN AVENUE,r FROM MILL STREET TO FIFTH STREET. (S-3) CITY ATTORNEY PENMAN RETURNED At 3:47 p.m. , City Attorney Penman returned to the Council meeting and replaced Deputy City Attorney Empeno ' at the council table. CITY ADMINISTRATOR EDWINS RETURNED At 3:47 p.m. , City Administrator Edwins returned to the Council meeting and took her place at the council table. Council Member Pope-Ludlam made a motion, seconded by Council Member Reilly, that said resolution be adopted. 28 7/15/91 FUIWARNER W. HODGDON HEART BAR RANCH.ARROWHEAD SPRINGS POST OFFICE BOX 2146 SAN BERNARDINO.CALIFORNIA 92406 (714)881-1547 TDEOOPY: (714)866-9962 January 9, 1994 Mr. John Stubblefield Stubblefield Construction Co. 2258 Bradford Avenue Highland, California 92346 RE: John Stubblefield Comments on September 23, 1993 regarding Sub-Standard Primary/Secondary Access east Rt. 330/City Creek Canyon 20 acre property Dear Mr. Stubblefield: This forwarding letter delivers my answer to your unnecessary remarks to Mayor Minor's inquiry and to myself on September 23, 1993. Your remarks were pursuant to your Stubblefield "Mountain Shadows" March 26, 1993 City Planning application(s) regarding the above. From the November 16, 1993 Planning Commission Agenda your applicable east Rt. 330/City Creek Canyon 20 acre property Items 3 and 4 were continued for subsequent Action until the Tuesday, January 18, 1993 Planning Commission meeting. Therefore I send this letter and my applicable October 28, 1993 letter to you at this appropriate time. (See attached November 16, 1993 Planning Commission Agenda RE:Stubblefield item 3 and 4) Accordingly enclosed herewith is my October 28, 1993 letter, documentation and photologs to you and prepared in answer to your arrogant and childish remarks directed for me in answer to Mayor Minors respectful inquiry on September 23, 1993. You and I had just left the DERC meeting for your March 26, 1993 Application(s), which received positive result and DERC determination. You will note I did not attend the subsequent October 7, 1993 DERC meeting. Attached hereto is the October 7, 1993 DERC Agenda and related Committee Determination(s) regarding your March 26, 1993 Application(s). My September 23, 1993 comments to the DERC were productive to your objectives. (See attached October 7, 1993 DERC Agenda and related Committee Determination) (For Reference: See incorporated October 28, 1993 Warner Hodgdon letter to John Stubblefield RE: Sub-Standard east Rt.330/City Creek Canyon Access) The related DERC process of the expert City Consultant recommended and the City Attorney reviewed IES-ND(s) on August 26, 1993, September 23, 1993 and October 7, 1993 were in effect to your three party March 22, 1993 east Rt. 330/City Creek Canyon 20 acre property 50 year Development Agreement (Caltrans, State and Stubblefield). The Consultant's Draft IES-ND covering your 44 acre west Rt. 330 Borrow Site for 500 thousand Cubic yards, $2.5 Million Fill-material sale to HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER V.HODGDON FAMILY GROUP AFFRfATE Page 2 Caltrans/Contractor and in truth underlying 80 Mobil Home Lots, was completed on September 11, 1992. As you know. by April 1992 no Rt. 330 Fill Material was even required by Caltrans/Contractor. In April 1989 RSA-Highland Hills had committed to provide Rt. 330 Fill Material to Caltrans/Contractor at no cost. RSA was thankful the Freeway may be built after 25 years of delays and the Fill-Material at no cost helped to assure funding in relationship to Caltrans/FHWA available Money (15% State and 85% FHWA). On October 23 1993 Caltrans conveyed to me they had never seen or heard of your March 22, 1993 Stubblefield/City/Caltrans 50 year Rt. 330 Three Party Development Agreement. However, Caltrans had prepared a Stubblefield/Caltrans east/west Rt. 330 Land Exchange Agreement and referenced withdrawal thereof in Caltrans' December 17, 1992 letter to Stubblefield Development from William B. Day, Deputy District Director, Right of Way. Mr. Parrish, Executive Vice President, Stubblefield Construction Company, provided this letter at the March 22, 1993 Council meeting. (See attached December 17, 1992 Caltrans letter to Stubblefield Development RE: Rt. 330 Land Exchange Agreement) I have known your father and Mr. Parrish for many years, and long before the Stubblefield original acquisition of Mountain Shadows from Orange Grower Fred Barns. Irrespective, as I remember the east Rt. 330/City Creek Canyon 20 acre property Barnes Orange Groves were accessed through the narrow Farm Tunnel built by Caltrans to connect the east/west Farm operations, and as apart of their early 1950's applicable Rt. 330 land take and re-alignment construction. It would seem there is a need for Wisdom and prudent application of Knowledge. Respectfully, Warner W. Hodgdon CC: Mayor and Common Council Shauna Clark,City Administrator Al Boughey,Director of Planning Sandi Paulsen,Senior Planner Greg Gubman,Associate Planner James F.Penman,City Attorney Florentino Garza,Esq.,Garza and Reyes HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 t�K1 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS.SAN BERNARDINO.CALIFORNIA 92406 [ j RESIDENCE MAILING:3195 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0IS3 W A WARNER W.HODGDON FAMILY GROUP AFFn-LATE N I,1 Co"&MSM MEMBERS: CITY OF SAN BERNARDINO 300 NORTH'D'STREET.SAN BERNARDINO.CAUFORNIA 92418 Ralph a Chhaneytati Richard Cole z MSSION AGENDA Leonard Gonzales. Jr. PLANNING COA .S Daniel Ortega George Romero ��• Robert Stone D IN Donald Strimpel John Traver Vince Gaffney (Alternate) November 16, 1993 7:00 P.M. CITY COUNCIL CHAMBERS, CITY HALL DECISIONS OF THE PLANNING COMMISSION ARE FINAL CONCERNING CONDITIONAL USE PERMITS, DEVELOPMENT PERMITS, TENTATIVE TRACT MAPS AND VARIANCES, UNLESS APPEALED TO THE MAYOR AND COUNCIL;. APPEALS TO THE MAYOR AND COUNCIL MUST BE MADE IN WRITING, STATING THE GROUNDS OF THE APPEAL, AND MUST BE SUBMITTED TO THE CITY CLERK ALONG WITH THE APPROPRIATE FEE WITHIN FIFTEEN DAYS OF THE DECISION. GENERAL PLAN AMENDMENTS AND AMENDMENTS TO THE MUNICIPAL CODE WILL AUTOMATICALLY BE FORWARDED TO THE MAYOR AND COMMON COUNCIL FOR FINAL ACTION. IF YOU CHALLENGE THE RESULTANT ACTION OF THE PLANNING COMMISSION IN COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS AGENDA, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY PLANNING DIVISION AT, OR PRIOR TO, THE PUBLIC HEARING. INDIVIDUAL TESTIMONY ON AGENDA ITEMS WILL BE STRICTLY LIMITED TO FIVE MINUTES PER PERSON Salute to the Flag Administration of Oath Planning Director's Report Consent Agenda -- Planning Commission Minutes of September 21, 1993 and October 5, 1993 PUBLIC HEARING ITEMS Continued Item 1. CONDITIONAL USE—PERMIT---NO. 91-50 (Extension of Time) - The applicant requests approval of an extension of time for a Conditional Use Permit, under the authority of Development Code Section 19.06.020, to establish a convenience store within an existing 2,772 square-foot commercial structure in the CN, Commercial Neighborhood, General Plan land use designation. The subject property is a rectangularly-shaped parcel of land consisting of about 0.334 acres, having a frontage of about 100 feet on the south side of Marshall Boulevard and located about 250 feet west of the centerline of Sterling Avenue and further described as being located at 1955 East Marshall Boulevard. Owner: Ibrahim Nabham Applicant: Same Ward: 4 Environmental Determination: Previous Negative Declaration Staff Recommendation: Approval of Extension of Time until December 30, 1993 Planner: Greg Gubman New Items 2. DEVELOPMENT CODE AMENDMENT NO 93-13 - This amendment changes Chapter 19.201. Property Development Standards, adding State required Transportation Control Measures. The State mandated Transportation Control Measures are designed to reduce vehicle trips reducing air pollutants and improving air quality and would apply city-wide. Owner: N/A Applicant: City of San Bernardino Ward: City-wide Environmental Determination: Exempt from CEQA, Section 15308 Staff Recommendation: Approval Planner: Michael R. Finn Planning Commission Agenda -- October 5, 1993 Page 3 3. DEVELOPMENT CODE AMENDMENT NO 93-05 - The applicant requests approval of Development Code Amendment No. 93-05 to change Code Section 19.30.200 to establish criteria for the consideration of waiving the requirement for standard secondary access routes for subdivision in situations where such access is not feasible or possible. This amendment will affect the entire incorporated portion of the City of San Bernardino. Owner: N/A Applicant: Stubblefield Construction Co. Ward: City-wide Environmental Determination: Negative Declaration Staff Recommendation: Continue until January 18, 1994 Planner: Gregory Gubman 4. DEVELOPMENT AGREEMENT NO 93-01 AND VARIANCE NO 93-07 - The applicant requests approval of a Development Agreement to vest approval of a Variance which would allow a non-standard secondary access route prior to the submittal of a specific development proposal. Approval " of this Variance and Development Agreement will be contingent upon Council's adoption of Development Code Amendment No. 93-05, which would enable the Council to waive the requirement for standard secondary access routes if certain criteria are met. The subject property is an i regularly-shaped parcel of land consisting of about 19.17 acres, having a frontage of about 2,735 feet on the east side of State Highway 330 and being located about 1,350-feet north of the centerline of Highland Avenue. The site is located within the RS, Residential Suburban, General Plan land use designation, which permits single-family residential development at a maximum density of 4.5 dwelling units per gross acre. Owner: Stubblefield Construction Co. Applicant: Same as above Ward: 4 Environmental Determination: Negative Declaration Staff Recommendation: Continue until January 18, 1994 Planner: Gregory Gubman Planning Commission Agenda -- October 5, 1993 Page 4 PUBLIC COMMENTS PLANNING COMMISSION WORKSHOP A. The Role of the Planning Commissioner -- Al Boughey B. Conditional Use Permits -- Deborah Woldruff C. Development Permits -- Jeffery S. Adams D. General Plan Amendments -- John Burke PLANNING COMMISSION COMMENTS PLANNING COMMISSION MINUTES " s Ya ea?;j.,'�- °. }A a''mac:SY e ,,t:,.. r .....�q- `}lr'•,�c° s: j s+�r ti, L :'4, r'ia•Y. I t r'Tt f. y �:F '�, 7 sT'.a..,_ ,^- �.l 1t;1'F•..>,r '{",' i r + � ,,i'''. '{.1rf•'. c.�S✓ r1 t"`t,a ,l "t! .. ,i. 9 �l '+r �'�r'S- E 'rti ,'..'i,yi i s7r .i •3. RM'�r r�i..;.s3 rls{�`dy,'1a.,. Ott rKr�•;+g ia.t4.:yr• .iK •cr".'.,+,•_ `�j; ,r-, .;;n"va,{j. �rf , t � ...� 7.: , ti .f +i .3j,0 '+sC'i, .i r 't;r r k�':. ti..A:+•'rF+;'.1.-�,..ty�•'T.:, .E :n :r•A!y!• q. �t `'+:rs�';''�v- ..r. 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The committee is made up of representatives from Public Works- Engineering, Police, Fire Marshall, Water, Planning and Building Services, Parks and Recreation, and (Economic) Development Departments. Applicants and their representatives should attend the meeting to clarify issues and receive input from City Departments and other reviewing agencies. A DRC/ERC case takes on an average 30 minutes. MEETING DATE: Thursday, October 7 , 1993 MEETING TIME: 9 :00 a.m. MEETING LOCATION: Fourth Floor Conference Room City Hall, 300 North ••D•• Street San Bernardino, CA 92418 A. Consent Cases: #1, #2 B. Regular Cases: PROJECT ( PLANNER 1. DEVELOPMENT AGREEMENT NO. 93-OS GREG Applicant/Omer: Stubblefield GUBMAN Construction Co. APN: 1199-291-06, 1199-341-01 Forward to Planning Ward: 4 Commission with Proposal: To vest approval of a non- recommendation that standard secondary access route, based Planning Commission on the concurrent adoption of recommend to Mayor Development Code Amendment No. 93-05 and and Common Council subject to the approval of Variance No. adoption of Negative 93-07. Subject property consists of Declaration. approximately 20 acres located on the (consent) east of SR 330, approximately 1,300 feet north of Highland Avenue, in the RS, Residential Suburban, General Plan land use designation. Status: Continued from August 26, 1993 Staff Recommendation: Forward proposed Negative Declaration to Planning Commission. Environmental au- 'Development Review Committee October 7, 1993 Page 2 2. GENERAL PLAN AMENDMENT NO. 93-02 JEFF Applicant: City of San Bernardino ADAMS Owner: N/A APN: City-Wide Forward to Planning Ward: All Commission with Proposal: A proposal to amend the recommendation `that General Plan (Policy 1.19.11) to permit Planning Commission auto-related retail and service uses, recommend to Mayor including auto body and vaintina with a and Common Council Conditional Use Permit in the CG-1, adoption of Negative Commercial General land use district. Declaration and This General Plan Amendment will allow approve project. the related revision to the Development (consent) Code regarding auto-related uses to be implemented. Status: Continued from September 9, 1993 Staff Recommendation.: Recommend Planning Commission recommend to Mayor and Common Council adoption of the Negative Declaration and approval of project. 3. DEVELOPMENT PERMIT (TYPE II) NO. 93-04 JOHN Applicant/Owner: Samuel E. Dey & Andrea BURKE L. Jenkins Approved. APN: 281-112-20 Pp Ward: 1 Proposal: To construct a 5-unit apartment building on a 17,060 square foot site at the north side of Gould Street approximately 500 feet east of the centerline of Tippecanoe Avenue at 1238 Gould Street. Status: Continued from September 30, 1993 Staff Recommendation: Review revised plans and elevations. le st r *S 1 4�{'pq� y 3 l3�� 4 `` '�trp r 4 Y° .32„ ,f� i 'R� °}� �x 11` R ,?x',�y[it.,•., 4 ��` `rti/, °1.•Y� ?Y w'+.`�`±C�tV uS''z' f » '� y�'P.sf Fe�''Q."'r'i .c� rZ �r (ts •rD „ ✓►, �,,� 'lw }��t«�y k�\fa�v. jf� a 3 �f «;�'�K y�tr a ?8 �„K'q3 <. iii. atc r*F t' F, " j_` -q•;' rri= 1�'y�fX�.s + �'�prs7; �fiJ }�f�'i �yat;� �1..,,, e✓ } Y\�+w�vV• ' r A�y�z �C "r# I• rq^,F°Ir *;�- An , )�Ss,�;`•'Li Y' x,_ xl1r. ti5+µ ` �1':i..,,t'�'r'�m iF?r,' tY'.�`"•--'F,�y'�•+i�-e f d' t+ FO y'y'� t#','r� �9c4 3C , ! .� .� '**,'... 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'. ]t '. •ti'.$i-K.f'i s`�G" .Cbt; �-' > ^"''J q;�` ' � ..�.t, r` '`-c$-_!'- +,' t pa° 3lbi..R';'hA r r5iv',,cL� .?+jam ', 1'r :'�•{�e ?, r i ,; *: X' r' r Ja t• r� rt Ttc X14 �f 's $ t t �` S y ��i {� •'1St. y. l i;5 .,r,- tlF.+:a •V,'� '•F l ° 5.'r^',4 'f . /tnr'r .fi �i 1'. ,�'[J` 'C f syt' `r, 'ad E1�s! T°:7�r•` > n, " '4 ry�,s�� ,t'�. at; "��r'tr�'`q:i. `;� r_i' $,r?t tr..wt•. �'°'-s1:kPt�` c / `+k "l g, x •+ T'fr!1� s{ ,W�fll' 4 r M 7)Ir �' +T'R'Y?; -Ll?' `r y,�^ '`cs eyy .✓ 't` d ``r �„�t'.t •,. :,ti r id`%e; }�a'�;p�, Yey f+-- Y�ar'r�is� >:~l tab � 5;- �� �" . dr♦tr: a fi 7wl�t r r3z, *i `s' 1 k Q^'• �. .�.�j +. _ .,- ♦�t� z t4 ,r;s}+ '�` rh'• x ,4` iRS"�{ 1t%%'` f r� 'ri4•� � a -'C ..�+Z" :q- ''�`•ri n- ? ' -1 i R.w K di r. t � STATE OF CALIFORNIA—BUSINESS. TRANSPORTATION AND HOUSING AGENCY PETE WILSON, Governor DEPARTMENT OF TRANSPORTATION A DISTRICT t. P.O. BOX 231 SAN {ERNARDINO. CALIFORNIA 92402 `!1 TDD(YTA) 3&3-`609 December 17, 1992 08-SBd-330 Parcels 8044 & 8866 Stubblefield Exchange Mr. Arnold Stubblefield Stubblefield Company 2258 Bradford Avenue Highland, CA 92346 Dear Mr. Stubblefield: Right of Aav Contract and Deeds I am writing you concerning the Right of Way Contracts and Deeds which you have had in your possession for over six months. At our last meeting you agreed to sign the Contracts and Deeds which have not been executed and returned to our office as of this date. I have been informed by Duncan Bush (Right of Way Agent) that neither you nor your representatives have responded to our numerous phone calls or personal visits to your office. Messages have been left with your office staff and Mr. Bush has been told that the phone calls would be returned - yet were not returned. on several occasions he visited' your office and was told you or your representatives were either not there or were in meetings and could not be disturbed. This letter is to inform you that it is our intention to withdraw the offer of exchange as presented in the Contracts if the documents are not property executed and returned to our office by January 8, 1993 . We will then proceed with the condemnation for the area the State of California requires for the freeway project. A favorable response i5 recruested. Very truly yours, WILLIAM B. DA.7 Deputy District Director Jr Right of Way CERTIFIED MAIL h'-2 y i WARNER W. HODGDON HEART BAR RANCH,ARROWHEAD SPRINGS POST OFFICE BOX 1146 SAN BERNARDINO,CALIFORNIA 92406 (714)881-1547 112XCOPY: (714)886.9962 October 28, 1993 Mr. John Stubblefield Stubblefield Construction Co. 2258 Bradford Avenue Highland, California 92346 RE: Stubblefield March 26, 1993 Planning Application(s) For: (1) Variance, (2)Development Code Amendment, and (3) 50 Year Development Agreement Development and Environmental Review Committee (DERC) Stubblefield East Rt. 330 /City Creek Canyon 20 Acre Property DERC September 23, 1993 Final Agenda Item 3 City Development Code Amendment Dear Mr. Stubblefield: Shortly before the above referenced DERC meeting on September 23, 1993 I requested and received copies of the appropriate Public Documentation regarding your March 26, 1993 Application(s) from Planning Staff. The applicable documentation was to have been first initiated by expert City Consultant Tom Dodson for the August 19, 1993 Development and Environmental Review Committee meeting, but was not complete, and then re-scheduled again for the August 26, 1993 meeting of the DERC. Following the August 26, 1993 meeting, the Staffs, expert City Consultant Dodson's and Committee's input, corrections and clarification's, along with other public comments and documentation were to be reviewed, recognized and incorporated into the IES-Negative Declaration(s) documentation. These related matters therein would then be properly processed, advertised and forwarded to the State Clearing House for further circulation and comment. These overall matters were to address your March 26, 1993 Application(s) to Planning, considered by the DERC on August 26, 1993 and with added input for the appropriate circulation and re-consideration on September 23, 1993 (Stubblefield Development Code Amendment) and October 7, 1993 (Stubblefield Variance and 50 Year Development Agreement). No doubt over this six (6) months period of careful preparation you and your advisors were fully cognizant of the specific content therein. However, from my quickly scanning the expert City Consultant's Initial Environmental Study (IES), Recommended Negative Declaration and Draft Development Code Amendment (Dated August 1993, but updated for the DERC subsequent September 23, 1993 meeting) a few minutes before the August 26, 1993 meeting I mentioned to Staff a Major Discrepancy and two other vague Requirement Definitions therein. These issues merited clarification to assure your March 26, 1993 Application's HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 AT RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-01S3 ���yyy A WARNER W.HODGDON FAMILY GROUP AFFIUATE Page 2 intended Project Objectives.Consultant for tthe mheeting. They were as follows: DERC and expert City 1. IES page 2, Item 3, C stated: "The Non-Standard route must be a minimum of 2 lanes in width." I commented, "is this two Lanes for bicycles, or define the Sub-Standard width". The Sub-Standard lanes were then clearly defined by the staff and DERC as 20 feet and not the City Full-Standard 24 feet, and 1-A. The August 27, 1993 Draft Development Code Amendment page 2, Section B, (3) stated: "That such route is at least 2 Lanes in width to accommodate emergency vehicles". This was again clarified by staff and the committee to be 20 feet, which is consistent with State Fire Code Article 10. Therefore, with the 20 foot width Lanes clearly defined it is unchallengeable. The Full-Standard Secondary Access requires a 24 foot width. 2. The August 27, 1993 Draft Development Code Amendment page 3, Section C, (2) Stated: Cul-de-Sacs to a maximum of 500 feet may be permitted with a maximum of 30 dwelling units". From my request and comment, this was then clarified by Staff and the Committee as to being applicable within your March 26, 1993 Application's 20 acre property project area only and not applicable to the City Sub- Standard Rt. 330 Access 1800 foot Cul-de-Sac length leading thereto. Without definitive clarification by Staff and the DERC, the Cul-de-Sac 500 feet maximum could be viewed as starting at Highland Avenue and therefore, negated your Project Objective. 3. The Environmental Impact Checklist (EIC) was Incorporated as part of the expert City Consultant's Updated August 27, 1993 IES Report and Recommended Negative Declaration which was advertised and forwarded to the State Clearing House for further circulation and comment. Under page 5, Section C, the EIC stated: "This Development Code Amendment provides for the development of property without requiring two standard access routes EXCEPT for projects located within the City's Foothill Fire Zone". This EIC document was prepared by the expert City Consultant, signed by the DERC Chairman, on August 26, 1993, incorporated within the updated IES- Recommended Negative Declaration Document for the Development Code Amendment, Advertised and forwarded to the State Clearing House for further Circulation and Comment. The Environmental Checklist was written and executed EXACTLY OPPOSITE to your Project's Objective. HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 tsK1 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CAL fFORNtA 92406 I J RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404.(714)883.0153 A WARNER W.HODGDON FAAIRY GROUF AFFILIATE Page 3 I pointed out to Staff before and during the September 23, 1993 DERC meeting that this verbiage stated EXACTLY OPPOSITE to the purpose of your Property's Objective. Your property is in the City Fire Zone and therefore, as written etc., THE EXCEPTION of without requirin, two Standard Access Routes did not apply to your east Rt. 330/City Creek Canyon 20 acre property; but as written, advertised and submitted to the State Clearing House required two City Full-Standard Access Routes for your property, which you could not then provide. Without my August 26, 1993 suggested correction(s) and clarification(s) by the Staff, expert City Consultant, DERC and to be set forth in the record at the time, the entire process and documentation beginning with your March 26, 1993 Applications could have been clearly challenged at a later date. In other words the Environmental Impact Checklist EIC Document sent to the State Clearing House as 12art of the IES-ND re resented that your property requires two City Full-Standard Access Routes. I did not bring these matters up for clarification to embarrass you or others, but as objective assistance. The DERC Public Meeting's are held in an informal atmosphere and more easily to address any interpretation(s) that may need to be clarified. In this significant case, the IES-EIC was then viewed on September 23, 1993 by Staff as a typo and by myself as an unintended verbiage needing correction. Therefore, the DERC clarified this and upon the expert City Consultant and Chairman's recommendation determined that State Clearing House re-circulation and re-advertisement was not required. I believe these specific matters were then handled correctly. (See attached September 23, 1993 DERC Final Agenda and Actions) For me not to bring up the need for major Clarification and Definition to everyones attention up-front, including yourself and your Legal Counsel, would not have been right. My purpose was not to be silent and sand-bag the process at a later date because of the over-sight. It was in your best interest and the right thing for me to do in regard to the best interest of the Staff, the DERC Members, Expert City Consultant, absence of the Deputy City Attorney and the Planning Commission member present. If my suggestions did not have constructive validity, your Legal Counsel would not have advocated my corrections)/clarification(s) to the IES-ND, Environmental Impact Checklist, and Development Code Amendment Documents required for DERC Approval and the Public Record. Following the meeting, in further answer to your attorney's inquiry, as to my support of Stubblefield Rt. 330 Sub-Standard Access improvements if the City allowed them for RSA contiguous Secret Hollow Ranch and Highland Hills Ranch also, I retorted simply. RSA is not interested in City Sub-Standards when they can be built to City Full Standards or better. Allowing City Sub-Standards by approving special legislation therefore is the best example of what is wrong with the City now. Therefore I did not take kindly to your subsequent ARROGANT remark to me and upon Mayor Minor's inquiry at the Planning Elevators, as to your handling of the Development Code Amendment and Stubblefield 50 year Development Agreement doing better if I would not say anything of controversy. Conversely, your presence was seldom seen or heard at the City's long 1988-1989 Public Hearing Process and for the HERBAGE OF THE MOUNTAINS AND VALLEY BEGAN IN I150 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNU 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)283-01 S3 A WARNER V.HOOGDON FAMILY GROUP AFFILIATE Page 4 Stubblefield east/west Rt. 330 "Mountain Shadows" property's 283 acre result by the Adoption of the June 2, 1989 Updated City General Plan and FEIR. Perhaps you would like to berate me, after the fact, for that also; and along with the subsequent October 19, 1989 letter that followed from the Caltrans Director, District VIII to Mayor Holcomb, as to Stubblefield east/west Rt. 330/Freeway Area Access North of Highland Avenue. Quote: "Your staff has since raised issue with some aspects of the draft freeway agreement (Route 301330) and design features of the project relative to access to a proposed development north of Highland Avenue and east and west of the Route 330 alignment. The reouests for arresc and fi developer (STUBBLEFIELD) through the ('itv cr�Fff nrP clearly.adverse to State Pohcv." "Further delays in approving the Draft Freeway Agreement could even jeopardize having funds available to construct this Project, which could result in shelving the Project for an indeterminable amount of time." (See attached October 19, 1989 Caltrans letter to Mayor Holcomb RE: Stubblefield RL 330 Access Adverse to State Policy and Jeopardizing Freeway Funding) Hopefully, your letter handed to Mayor Minor, in front of me, with the same being provided to Councilman Oberhelman and City Attorney Penman was more productive than your concurrent arrogant comments to me on September 23, 1993. You do know that I resent the Citizens of San Bernardino being held hostage to the inept City handling of the unwarranted $11.537 Million Damages awarded Stubblefield Construction on April 2, 1991, but on Appeal. This resentment includes, but not limited to, the circumstances under which Highland Avenue Area Improvements being related to the Walmart Development; Signals, Piedmont Drive, Boulder Avenue, Small Canyon Storm Drain extension into the City of Highland etc. are being paid for by the City/Economic Development Agency ($1 Million ±). I have supported the Stubblefield $11.537 Million Damages resolve in equity, but not by convoluted Schemes of Fantasy to the City's detriment. If you believe the expert City Consultant IES-ND and Development Code Amendment were better off as written for the DERC September 23, 1993 meeting, and which were clearly adverse to your March 26, 1993 Application(s) underlying Project Objective; beginning with the City Attorney's July 15, 1991 recommendation and the City Councils acting thereon as part of the applicable Agenda Item 38, RE: City Initiated Amendment to the June 2, 1989 Updated General Plan and FEIR for Stubblefield east/west Rt. 330 Property (283 acres 766% Density Increase) SO BE IT. It would appear to me that having your Development Code Amendment and applicable Documentation made correctly clear for the record and recommendations of the DERC is of equal importance to your following March 26, 1993 Application(s). This will include the DERC, Planning Commission and City Council review of the related Stubblefield Variance and 50 Year Development Agreement covering the Stubblefield east Rt. 330/City Creek Canyon 20 acre property's City Sub-Standard Primary/Secondary Emergency Access. If the September 23, 1993 IES-ND/Development Code Amendment was Approved and Adopted as incorrectly written, your east Rt. 330/City Creek Canyon Project Objective (480 high Density Apartments) by the following Stubblefield 50 Year HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1IS0 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO.CALIFORNIA 92404,(714)89"1 S3 W A WARNER W.HOOGDON tktt�)FAMILY GROUP AFFILIATE Page 5 Development Agreement being processed by Planning/DERC would be inconsistent and therefore worthless. Subsequently, I have seen the October 7, 1993 Final Agenda for the DERC and Staffs recommendation of Item 1. Development Agreement No. 93-05, Stubblefield Construction Co., APN: 1199-291-06, 1199-341-01,Ward: 4 Proposal: To vest approval of a non-standard secondary access route, based on the concurrent adoption of Development Code Amendment No. 93-05 and subject to the approval of Variance No. 93-07. Subject property consists of approximately 20 acres located on the east of SR 330, approximately 1,300 feet north of Highland Avenue, in the RS, Residential Suburban, General Plan land use designation. Status: Continued from August 26, 1993 Staff Recommendation: Forward proposed Negative Declaration to Planning Commission. (See attached October 7, 1993 DERC Final Agenda RE: Stubblefield east Rt.330/City Creek 20 acre Property) Let me be clear. The rights of any person is to speak and for (Stubblefield Construction Co.) Stubblefield's to "ASK FOR THE MOON". I do not support the right of two different City Standards being dealt unevenly to other persons. i.e.. Special Stubblefield Sub-Standard Legislative Development Code Amendments for City Sub- Standard(s) Primary/Secondary Access and Cost Circumvention thereof as a reward for Stubblefield, and City-Full Standards Compliance Cost being voluntary absorbed by others that want to do things right in the City. Further, I do not support the incomplete construction and/or acceptance of City Sub-Standard Primary/Secondary Access Roads, by the City. Specifically the east/west Rt. 330 Sub-Standard Primary/Secondary Frontage Roads facing the Rt. 330 State Highway Designated SCENIC DRIVE. These Sub-Standards include, but not limited to, lack of(Curbs, Gutters, Street Lights, Landscape, Specimen Trees,Irrigation, Trails/Fences, Signals, Slope Bank Cut and Landscape, Erosion Control, etc.), in which the City must accept the added Liability for the Deficiency Cost and 50 Year Maintenance thereof under the Stubblefield Sub-Standard 50 year Development Agreement and attached July 14, 1992 Planning letter processed by the DERC on August 26, 1993, September 23, 1993 and October 7, 1993. This is not a personal position of mine applicable only to Stubblefield, but one of needed broad City Proper Application that I sincerely believe should equally apply to everyone, especially in view of the recent year's accumulation of Blight, Decay and Depreciating Socio/Economic Conditions within the City. The City's failure of action to Appreciate the Values of our neighborhoods has caused the erosion of every citizen's capital investment in their home, including the poor to no market result. Further, the manner in which the Stubblefield "Mountain Shadows" home owners are held as economic hostages by long term leases, while next door the City spends, gives-a-way or concedes millions for Stubblefields Sub-Standard 50 year Development Agreement etc. In addition, right next door, land speculators profiteer in the millions by buying property at HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1650 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO.CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)693-0153 A WARNER V.HODGDON FAMRY GROUT AFFILIATE Page 6 the U.S. Governments loss, the City rezones it commercial and for 112 apartments and then gives-a-way another million or more for street Improvements and other Stubblefield benefits under the City Attorney's Walmart Development Agreement. If all this is not despicable enough the Walmart Development Agreement allows the Impact Fees of $550 thousand to be collected by the City on TIME PAYMENTS over future years. City Staff and economic resources should be used to help local people and business to prosper and servive, not throw away resources as a reward to the undeserving, and then picture it to the people as some special Legal Acumen and Economic Deal. This amounts to no more than setting the fire under the cover of night, then alarming the people and taking credit for putting it out to save them. I believe the present City Council is going to stop these charades, and start rebuilding the City and the East Valley for the People. I have noted the absence of the City Attorney and Planning Director at your DERC meetings or their written Recommendation(s) of your Application(s) before the DERC. The City overall handing of these matters and the related Walmart Development Agreement Area give-a-ways have become beyond interest and fascination to me. Sincerely, Warner W. Hodgdon CC: Mayor and Common Council Shauna Clark,City Administrator Al Boughey,Director of Planning Sandi Paulsen,Senior Planner Greg Gubman,Associate Planner James F.Penman, City Attorney Dan G.McKinney,Reid&Hellyer P.S. (Related and Accumulative City Actions): Following the July 15, 1991 City Attorney's Recommendation of the City Initiated Amendment to the June 2, 1989 Updated City General Plan and FEIR for the 766% Density Increase (123 DU's to 973 DU's) to the Stubblefield east/west Rt. 330 "Mountain Shadows" Property (283 acres), and the Councils' unanimous implementing Directive to Planning, Stubblefield immediately submitted the July 24, 1991 Stubblefield prepared 44 acre west Rt. 330 Borrow Site and Grading Plan to Planning. On November 19, 1991 Stubblefield submitted to Planning the Preliminary Environmental Description Form therefore. This Borrow Site and Grading Plan was being represented as needed for Stubblefield $2.5 Million sale of Fill Material (400/500 thousand Cubic Yards at $3 to $5 per cubic yard) to the Rt. 330 Caltrans/Contractor, but also in truth was 80 Underlying Mobil Home Lots. This scheme was outlined to Warner Hodgdon by the Deputy City Attorney on August 2, 1991. After meeting with Stubblefield, on July 14, 1992 Planning wrote a support letter to Stubblefield and mis-represented that the east Rt. 330 narrow unpaved 12 foot wide Multi-Plate Equestrian Tunnel was built by Caltrans/FHWA to City Fire Department Specifications of height and width and copied to the Deputy City Attorney. The Rt. 330 Caltrans/FHWA Equestrian Tunnel HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:329S BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404.(714)993-01S3 A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 7 was already built under the November 22, 1989 City/Caltrans Freeway Agreement at the time of the July 14, 1992 Planning letter. On July 17 1993 the Planning Director's Interoffice Memorandum to the City Attorney related to legal action against Warner Hodggdon/RSA regarding Sycamore Trees in the 1/22186 Dedicated Sterling Avenue Public Road Right-of-Way previously approved on 1/22/86 for construction by the City and with Performance Bond. This Public Road and existing unpaved access is the Titled access to RSA-Secret Hollow Ranch. The Sterling Avenue Public Road Fronts Sterling Heights Tentative Tract, which was questionably processed by Planning and the City Attorney on November 7, 1990. According to Stubblefield/Sterling Heights Attorney's May 17, 1993 letter to the Planning Commission of City Hypocrisy, the November 7, 1990 City Process was used by Stubblefield's Attorney in Sworn Testimony vs. The City in the January 28, 1991 Trial. At the properly handled meetings, the 1/22/86 Dedicated Sterling Avenue Area Primary/Secondary Access was reconfirmed by the DERC on April 15, 1993, Planning Commission on May 18, 1993 and City Council on May 24, 1993 with City Full-Standard Primary/Secondary Avenue Landscape (Cost $1.2 Million), Stubblefield's Attorney also represented Sterling Heights and other recent March 1993 contiguous property interest Claims against the City, i.e., City/EDA $360 thousand acquisition of the Dr. Blatter Property at Foothill Drive and Sterling Avenue. Stubblefield was awarded$11.537 Million Damages against the City on April 2, 1991. Concurrently with the July 17 1992 Planning Memo written by the Director as to the 1/22/86 Dedicated Sterling Avenue Sycamores the Director wrote another July 17 1992 Interoffice Memorandum regarding the Urgent need of the City to retain expert City Consultant Tom Dodson, RE: Stubblefield east 44 acre Rt. 330 Borrow Site and Grading Plan for Rt. 330 Fill Material Sale to Caltrans/Contractor. Expert City Consultant was retained and completed the Draft September 11, 1992 IES-Negative Declaration for the DERC review. The IES-ND Documents therefore confirmed the Stubblefield 44 acre Massive Grading required for 80 underlying Mobil Home Lots, mis-represented 400/500 Thousand cubic yards for Rt. 330 Fill Material Sale to Caltrans/Contractor, and DERC/City intended processing thereof under the 1987 Old General Plan and FEIR and not the June 2, 1989 Updated City General Plan and FEIR. Attached to the Director's July 17, 1992 Urgency Memo of Clarification was the July 14, 1992 Planning Support letter which mis-represented the Rt. 330 Equestrian Tunnel as being built by Caltrans/FHWA to Fire Department Specifications for Secondary Emergency Access height and width. The Director's July 17, 1992 Memorandum as to Stubblefield west Rt. 330 Borrow Site stating urgency was also mis-representive because Caltrans/Contractor needed no Rt. 330 Fill Material since April 1992, let alone from a Stubblefield/City ($2.5 Million) limited source forced sale price Borrow Site and added grading cost for the "Mountain Shadows" 80 Mobile Home Lots thereunder. In April 1988 RSA-Highland Hills had committed to provide the Rt. 330 Fill Material to Caltrans/Contractor at no cost. There was never any need or agreement by Caltrans/Contractor to buy Stubblefield Rt. 330 Fill Material at any time,including$900 thousand of Fill Material from the Stubblefield 497 ± low income Apartment Site at issue under the April 2, 1991 $11.537 Million Damages Against the City. Caltrans/Contractor had obtained all final required Rt. 330 Fill Material from other sources in April 1992 and from the Walmart Development Site. This Rt. 330 completing Fill Material was finalized and clearly known by the City through the City Permit Process three months before the Planning Director's July 17 1992 Urgency request for the City to retain expert City Consultant Dodson to prepare the IES-ND for a Stubblefield Rt. 330 Fill Material Site. In truth the unneeded Borrow Site-Gradin Plan lan process being for the Stubblefield and City Attorney underlying other purposes only(80 Mobile Home Lots). HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO.CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883.0153 A WARNER W.NODGDON FAMILY GROUP AFFILIATE Page 8 By June 1992 the Stubblefield D-9 Cat and Heavy Loader completed, but not limited to, it's "Massive Grading" of their contemplated east Rt. 330/City Creek Canyon 20 acre Apartment Property and Bull-Dozing therefrom thousands of Boulders, Tons of Material, Debris, Trees and Stumps into the City Creek Streambed. The resulting Apartment Pads (20 acres) included under the July 15, 1991 City Attorney's recommended General Plan Amendment and referenced, but not limited to, in his June 19, 1992 letter to the District Attorney/Grand Jury, were developed by Stubblefield heavy equipment working along side the contiguous Rt. 330 Caltrans/Contractor legal and City Permitted Construction operations,but Stubblefield was not a part thereof. Warner Hodgdon addressed this Massive Grading at the March 22, 1993 Council Meeting and submitted a Photolog of Stubblefield's east/west Rt. 330 Massive Grading and Infrastructure Construction (Small Canyon/City Creek Canyon). The DFG/City had seen and knew of this Stubblefield Massive Grading into the City Creek Streambed on June 12, 1992. The DFG/City was provided Photologs thereof by July 13, 1993 Letter Reports and Photologs Documentation. The March 22, 1993 Council Agenda Item 39 was the Stubblefield Sub-Standard Access Rt. 330/City Creek Canyon 50 Year Development Agreement. By the City Clerk's March 24, 1993 and March 26, 1993 letters; Stubblefield was informed that on March 22, 1993 the Council directed Planning and Building Services (DERC) for ENVIRONMENTAL REVIEW and to report on the City Resolution (Stubblefield Sub-Standard 50 year Development Agreement/July 14, 1992 Planning Letter) and Warner Hodgdon March 22, 1993 letter (Massive Grading, Sub-Standard cast/west Rt. 330 Access Cost to the City). (See attached City Clerk's March 24, 1993 and March 25, 1993 letters to Stubblefield) (See attached March 22, 1993 Certified City Minutes RE: Resolution 50 year Development Agreement and Warner Hodgdon March 22, 1993 letters) On March 22, 1993 the Sub-Standard Stubblefield 50 year Development Agreement was also represented to include a$100 Thousand Credit,requested by the City Attorney, to the April 2, 1991 Stubblefield $11.537 Million Damages Against the City. The $100 thousand credit was reportedly withdrawn from the 50 year Development Agreement provision because of larger credits forthcoming to the City for City/EDA Improvement Cost required and presumably related to the overall concurrent Walmart Development Area, resulting in contiguous Stubblefield's Property improvement benefits for their Piedmont Drive access road, Piedmont Drive/Highland Avenue Signals, Highland Avenue frontage Curbs and Gutters. In addition the benefits derived from the $300 thousand Small Canyon Storm Drain (Sewer) serving Stubblefield's 766% Density Increase for Upstream Foothill Property Development, under the July 15, 1991 City Attorney recommended and City Initiated General Plan Amendment,is being extended from north Highland Avenue by the City south to Atlantic Avenue in the City of Highland. Stubblefield's Attorney is also the Walmart Developers Attorney. On August 4, 1993 the Stubblefield Small Canyon Massive Grading and Infrastructure Construction was being investigated by the DFG/City Investigators, including Widmeyer "Patton Hills" and the San Manuel Tribe "Amber Hills". The tribe was not working on Amber Hills, but on their contiguous Reservation Gaming Facility Expansion. At the March 22, 1993 Council Meeting Stubblefield was requested by the Council to submit the December 17, 1992 letter they kept referencing from Caltrans as to their Rt. 330 property Right- of-Way Contracts. Quote: "This letter is to inform you that it is our intention to withdraw the offer of exchange as presented in the contracts if the documents are not properly executed and returned to our office(Caltrans) by January 8, 1993." HERITAGE OF THE MOUNTAINS AND VAI I EY BEGAN IN 1850 OHEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO.CALIFORNIA 92.06 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404.(714)183.0153 A WARNER V.HOOGDON FAMILY GROUP AFFILIATE Page 9 By the following Council March 22, 1993 Motion for Planning's Environmental Review etc.,the Director of Public Works was instructed to write Caltrans that the City Planning would be processing the Sub-Standard 50 year Development Agreement. The Public Works director wrote Caltrans by letter dated march 25, 1993. Quote: "A three-party agreement has been prepared between the Stubblefield Construction Company, Caltrans and City of San Bernardino.This ag=mentguarantees that the City till accept the paved City street between Highland Avenue and the Stubblefield parcel. and the private road to the North as adequate access to allow this parcel to be developed "We understand that you are negotiating with the Stubblefield Construction Company relative to acquisition of a portion of their parcel for the improvement of Route 330. Also,that the Stubblefields want to have the access provisions settled with the City prior to consummating their negotiations with your office." The City of San Bernardino Small Canyon Storm Drain Right-of-Way and Christmas Tree cost in the City of Highland was approximately $90 thousand, Construction Improvements, Plans and administrative costs were approximately $211 thousand. By verifying letter to the City of San Bernardino dated September 13, 1993 from the City of Highland Engineer, he clarified,Quote: "On August 26, 1993 we received your (City of S.B. Engineer) letter which indicated that Mayor Tom Minor had directed that San Bernardino proceed immediately with construction of the "Storm Drain" (Small Canyon). Highland sees that a positive step towards the resolution of this matter. "Although Highland still feels that upstream developments (Stubblefield) should be held responsible for mitigating downstream drainage impacts"etc." By two previous City of San Bernardino letters both dated August 17, 1993,it was clarified to concerned Highland Citizens that the Walmart Development had nominal impact on the immediate n=d for the Small Canyon $300 thousand Storm Drain from Highland Avenue to Atlantic Avenue. Therefore, validating that the Small Canyon Storm Drain benefits were clearly for Stubblefield's Upstream Developments and Downstream Impacts. Quote: "Actually,about 113 of the Walmart Site will be designed to a storm drain constructed by Caltrans in Highland Avenue, and conveyed easterly to City Creek Channel. Ther&re. the actual increase in storm water from the Walmart site will be minimal." On June 4, 1993 Planning had again retained expert City Consultant Dodson to prepare an IES(s) and Negative Declarations(s) regarding the same east Rt. 330/City Creek Canyon 20 acre property Sub-Standard 50 year Development Agreement as referenced above. The full designated 20 acre Development Site was described under the Stubblefield March 26, 1993 Application(s) and approved by Planning and the DERC on October 7, 1993. This requires City Liability to accept Stubblefield east Rt. 330 Sub-Standard Primary/Secondary Access or the Deficiencies Cost thereof to construct City Full-Standard Access, and in either case the 50 year liability for the maintenance therefore.This represents the full Stubblefield Sub-Standard 50 year Development Agreement with incorporated Planning July 14, 1992 letter as a part thereof, processed, reviewed and approved by the DERC on August 26, 1993, September 23, 1993 and October 7, 1993. HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1630 OHEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO.CALIFORNIA 92406 RESIDENCE MAILING:3293 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)Ee3-0153 A WARNER W.HODGDON FAMILY GROUP AFFR]ATE Page 10 The Staff and DERC Actions were based only on the March 26, 1993 representations carried on the Stubblefield Application(s) and that represented within the expert City Consultant IES(S)and Negative Declaration recommendations. At the August 26, 1993 DERC meeting Planning Staff and the DERC Chairman reiterated that they did not know of the July 15, 1991 Council Unanimous Directive and City Initiated Stubblefield General Plan Amendment including the Stubblefield east Rt. 330/City Creek Canyon 20 acre High Density Apartment Property covered under the Stubblefield March 26, 1993 Application(s). In addition, there was the City Council's March 22, 1993 Directive to Planning as to Environmental Review, march 22, 1993 letter/photologs and east/west Rt. 330 Frontage Road Cost to the City. Never-the-Less Planning was certainly working with Stubblefield regarding all of their 283 acre "Mountain Shadows" property, the July 15, 1991 City Initiated General Plan Amendment, Small Canyon Storm Drains, etc. through and beyond February 2, 1992. By your letter to the Planning Director dated February 10, 1992 RE: Highway 330 Borrow Site, Grading Permit and General Plan Amendment for all Stubblefield owned land in the Mountain Shadows Area.Quote: Section Ira. I(Stubblefield)believe that a period not to exceed 24 months,after approval of the street improvement plans (Highland AvenuelPiedmont Drive) and completion of the Small Canyon flood control channel across Highland Avenue is completed, will work for both our requirements. To install any landscaping ahead of this drainage realignment (that will be done as a part of the Walmart Street improvements) would be a waste of valuable resources and destroy any landscaping that had been installed. Section IV It is my (Stubblefield) understanding that the City is now moving ahead with a general plan amendment on the balance of Stubblefield lands currently located in the hillside management overlay district as well as approximately 20 acres of land located easterly of the Mt Shadows Mobile Home Community. (covered under the July 15, 1991 City Attorney Recommended and City Council Initiated General Plan Amendment). Section IVa. I(Stubblefield) understand that the City has agreed to hire, Tom Dodson, to conduct the initial study which in turn will define the parameters for the Environmental Impact Report that the City will require for the general plan amendment and furthermore the City will engage, Tom Dodson, to complete the Environmental Impact Report. I (Stubblvf�d) understand that the entire process to complete the general plan amendment is estimated by the City to be approximately 7 to 8 months (See partial Photolog of June 1992 Stubblefield east/west Massive Grading and Infrastructure Construciton) (See partial Photolog of Sub-Standard East Rt.330 Frontage Road) HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1650 OHEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDIIO,CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFFILIATE CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT FINAL AGENDA DEVELOPMENT AND ENVIRONMENTAL REVIEW COMMITTEE The Development and Environmental Review Committee (DRC/ERC) is a City staff committee responsible for technical review of projects. The committee is made up of representatives from Public Works- Engineering, Police, Fire Marshall, Water, Planning and Building Services, Parks and Recreation, and (Economic) Development Departments. Applicants and their representatives should attend the meeting to clarify issues and receive input from City Departments and other reviewing agencies. A DRC/ERC case takes on an average 30 minutes. MEETING DATE: Thursday, September 23, 1993 MEETING TIME: 9 :00 a.m. MEETING LOCATION: Fourth Floor Conference Room _ City Hall, 300 North "D11 Street San Bernardino, CA 92418 A. Consent Cases: #1 , #2, #4 B. Regular Cases: PROJECT ( PLANNER 1. DEVELOPMENT PERMIT (TYPE III) NO. 93-10 JOHN Applicant/Owner: New Hope Missionary BURKE Baptist Church APN: 143-072-10, 19, 26, 27 and 47 Adopted Negative Ward: 6 Declaration and Proposal: To expand an existing church approved project. and upgrade an existing parking lot in (consent) the CO-1, Commercial Office and RS, Residential Suburban land use districts on a 2.75 acre site at the southeast corner of Medical Center Drive and 17th Street. Status: Continued from August 26, 1993 Staff Recommendation: Recommend adoption of the Negative Declaration and approve the project. C r v .. c... -o PLAN-ZD18 (7 91) ce.nw..wn.o sEoRwIs .i Environmental an,- Development Review Committ_e September 23, 1993 Page 2 2. DEVELOPMENT PERMIT (TYPE II) NO. 93-14 JOHN Applicant/Owner: Marlborough BURICE Development Corporation APN: 266-661-09, 10, 14 thru 21 Continue to 9-30-93 Ward: 5 Proposal: To construct 10 single-family (consent) residences on lots 63 thru 72 of TT 12958. The site is located on the east and west sides of Shandin Drive, approximately between Shandin Hills Circle and Big Canyon Drive in the RS, Residential Suburban land use designation. It is not in the Foothill Fire Zone or the Hillside Management Overlay District. Status: Continued from September 16, 1993 Staff Recommendation: Review revised plans. 3. DEVELOPMENT CODE AMENDMENT NO. 93-05 GREG Applicant/Owner: Stubblefield GUBMAN Construction Co. APN: N/A Cleared to Planning . Ward: Citywide Commission, recommend Proposal: To amend Development Code Planning Commission Section 19 . 72 . 030 (Subdivision recommend adoption of Regulations/Access) to contain the negative Declarati provisions to exempt, or provide and approval of DCA alternatives for, the requirement for to Mayor and Common standard secondary access routes in Council as revised subdivisions. with recirculation of Status: Continued from August 26, 1993 Initial Study not Staff Recommendation: Recommend necessary. adoption of the Negative Declaration and clearance onto the Planning Commission. 4. PUBLIC WORKS PROJECT NO. 93-04 MICHAEL Applicant: City of San Bernardino GRUBBS Owner: Various APN: N/A Recommend Mayor and Ward: 7 Common Council adopt Proposal: To construct landscape the Negative Declarati medians and install 90' parking at the and approve project. following locations to divert through (consent) traffic: Newcomb Avenue between 20th Street and Highland Avenue, McKinley Avenue between 20th Street and Highland Avenue, and Dumbarton Street between 20th Street and Highland Avenue. Status: Continued from August 26, 1993 Staff Recommendation: Recommend that the Mayor and Common Council adopt the Negative Declaration and approve the project. CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT FINAL AGENDA DEVELOPMENT AND ENVIRONMENTAL REVIEW COMMITTEE The Development and Environmental Review Committee (DRC/ERC) is a City staff committee responsible for technical review of projects. The committee is made up of representatives from Public Works- Engineering, Police, Fire Marshall, Water, Planning and Building Services, Parks and Recreation, and (Economic) Development Departments. Applicants and their representatives should attend the meeting to clarify issues and receive input from City Departments and other reviewing agencies. A DRC/ERC case takes on an average 30 minutes. MEETING DATE: Thursday, October 7 , 1993 MEETING TIME: 9 :00 a.m. MEETING LOCATION: Fourth Floor Conference Room City Hall, 300 North I'D#' Street San Bernardino, CA 92418 A. Consent Cases: #1, #2 B. Regular Cases: PROJECT PLANNER 1. DEVELOPMENT AGREEMENT NO. 93-OS GREG: Applicant/Owner: Stubblefield GUBMAN Construction Co. APN: 1199-291-06, 1199-341-01 Forward to Planning Ward: 4 Commission with Proposal: To vest approval of a non- recommendation that standard secondary access route, based Planning Commission on the concurrent adoption of recommend to Mayor Development Code Amendment No. 93-05 and and Common Council subject to the approval of Variance No. adoption of Negative 93-07. Subject property consists of Declaration. approximately 20 acres located on the (consent) east of SR 330, approximately 1,300 feet north of Highland Avenue, in the RS, Residential Suburban, General Plan land use designation. Status: Continued from August 26, 1993 Staff Recommendation: Forward proposed Negative Declaration to Planning Commission. a,•,o. ... E«.ro.o PLMI-2(718 (7411 1 Environmental aL- ?Development Review Committee October 7, 1993 Page 2 2. GENERAL PLAN AMENDMENT NO. 93-02 JEFF Applicant: City of San Bernardino ADAMS Owner: N/A APN: City-Wide Forward to Planning Ward: All Commission with Proposal: A proposal to amend the recommendation that General Plan (Policy 1.19.11) to permit Planning Commission auto-related retail and service uses, recommend to Mayor including auto body and tpainting with a and Common Council Conditional Use Permit in the CG-1, adoption of Negative Commercial General land use district. Declaration and This General Plan Amendment will allow approve project. the related revision to the Development (consent) Code regarding auto-related uses to be implemented. Status: Continued from September 9, 1993 Staff Recommendation: Recommend Planning Commission recommend to Mayor and Common Council adoption of the Negative Declaration and approval of project. 3. DEVELOPMENT PERMIT• (TYPE II) NO. 93-04 JOHN Applicant/Owner: Samuel E. Dey & Andrea BURL; L. Jenkins APN: 281-112-20 Approved. Ward: 1 Proposal: To construct a 5-unit apartment building on a 17,060 square foot site at the north side of Gould Street approximately 500 feet east of the centerline of Tippecanoe Avenue at 1238 Gould Street. Status: Continued from September 30, 1993 Staff Recommendation: Review revised plans and elevations. f STATE of CAl 5. TIIAKSPO1liwTlptt AFID#+OVsu-iG AGC"Cr DEPARTMENT' OF TRANSPORTATION pti7Ma 4 CA. GOSC 234 SAN "A"AROMlto. CA V2402 --v TOG(itq 1a7-"09 October 19, 1989 The Honorable W. R. Holcomb Mayor, City of flan Bernardino 300 North D Street San Bernardino, CA 92418 Dear Mayor Holcomb: The State is now in the final stages of preparing plans for construction of the Route 30/330 freeway from Arden to Sth Street. One of the major items to be completed prior to advertising this project is approval of revised freeway agreements with the Cities of San Bernardino and Highland. We transmitted drafts of the freeway agreement with the City of San Bernardino to your staff for review on June 27, 1989. Your staff' has since raised issue with some aspects of the draft freeway agreement and design features of the project relative to access to a proposed development north of Highland Avenue and east and west of the Route 330 alignment. The requests for access and frontage improvements made by the developer through the City staff are clearly adverse to State policy. We have had several meetings with your staff and the developer to try to reach agreement on these issues and get approval of the draft freeway agreement so that we can proceed with processing of the document. The negotiations to date have met with little success to the point where we are now faced with a minimum 2-month delay in finalizing plans and advertising this project as a result of non-approval of the draft freeway agreement. Further delays in approving the draft freeway agreement could even jeopardize having funds available to construct this project which could result in abelving this pro j-t�t for an indeterminate amount of time. I would appreciate any help your office can provide in concluding the present impasse. It is not in the best interests of eit-her the City or State to encounter further delays in construction of this much needed facility. Very truly yours, ORIGINAL SICIILD (S7 r&14 S(EELC KEN STEELE District Director �/c- 0l- 2� ARp�'I'O S! �� C I T Y O F . an Bernardino o �GNOED IS R. A C H E L C L A R K March 24, 1993 C I T Y C L E R K Stubblefield- Development 2258 Bradford Avenue Highland, CA 92346 Gentlemen: At the meeting of the Mayor and Common Council held on March 22, 1991, the following action was taken relating to the proposed resolution authorizing the execution of an agreement between the City' and the Stubblefield Construction Company, relating to access for the parcel north of Highland Avenue and east of State Route No. 330: That said resolution be. referred to Planning & Building Services a Yonmental review; irector of Public Works be d rec o write a letter_:. to Caltrans stating that the matter has been heard- before the Mayor & Common Council and will be processed as expeditiously ' * as possible in . accordance with appropriate administrative. procedures; ar4- that staff be directed'- to - `investigate thte--- $780-,-998 liability` - addressed in Warner HodgdonIs letter dated March 22, 1993. Your agenda item will be heard in the morning- portion of the meeting in the Council Chambers of City Hall, 300 North ' t1D" Street., San Bernardino, California. If we can be of further assistance, please do not hesitate to contact-this-office. Sincerely, Rachel Clark City Clerk cc: Roger Hardgrave, Director of Public Works/City-Engineer Mr. Mark A. Ostoich, Esq. , Gresham, Varner, Savage, Nolan & TildeA- F O f T O F F I C E 8 0 X 1 3 1 6 , 3 A N B E R N A R 0 1 N 0 , C A L I F 0 R N 1 A 1 2 4 0 2 PRIDE 300 NORTH O STREET SAN BERNAfl01NO �NPROGR SS C A L I F O R N I A 9 2 4 1 8 - 0 0 0 1 7 1 4 1 3 8 4 - 5 0 0 2 (9 0 1) 3 6 4 - 9 1 02 FA X -( 6 0 6 ) 3 6 4 -5 4 6 6 C I T Y O F �= = an Bernardino R A C H E L C L A R K March 26, 1993 C I T Y C L E R K Stubblefield Development 2258 Bradford Avenue Highland, CA_ 92346 Gentlemen: In an effort to clarify the contents of the original letter dated March 24, 1993; this letter is being resubmitted with the deletion of paragraph three. I apologize for any inconvenience this may have caused. At the meeting of the Mayor and Common Council held on March 22, 1993, the following action was taken relating to the proposed resolution authorizing the execution. of an agreement between the City and the Stubblefield Construction Company, relating _ to access for' the parcel north of Highland Avenue and east of State Route No. 330: That said resolution be referred to Planning & Building Services for environmental' review; . and that the Director of Public 'Works be-�directtcd to write a letter to Caltrans stating that the matter has been heard before the Mayor & Common Council and will be processed as expeditiously as possible in accordance with appropriate administrative procedures; and that staff be directed to investigate the $780,998 liability addressed in Warner Hodgdon's letter dated March 22, 1993 . If we can be of further assistance, please do not hesitate to contact this office. . Sincerely, Rachel Clark City Clerk cc: Roger Hardgrave, Director of Public Works/City Engineer Mr. Mark A. Ostoich, Esq. , Gresham, Varner, Savage, Nolan & Tilden P 0 8 T O F F I C E 8 0 X 1 3 1 8 , S A N 8 E R N A R 0 1 N O , C A L I F O R N I A 8 2 4 0 2 3 0 0 N O R T H O S T R E E T S A N 8 E R N A R O 1 N o . PRIDE CALIFORNIA 924 18 0001 714 / 384 - 5002 INPROGR SS ( 9 0 8) 3 8 4 - S 1 0 2 F A X -( 8 0 9 ) 3 8 4-S 4 6 1 1 2 3 4 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) SS 5 CITY OF SAN BERNARDINO ) 6 I, RACHEL CLARK, City Clerk in and for the City of San Bernardino DO HEREBY CERTIFY that 4he foregoing and attached 7 copy of the City of San Bernardino /� .�7 �3-aa - 3 is 'a full, true and 8 correct copy of that now on file in this office. 9 IN WITNESS WHEREOF, I have hereunto set my hand and ffixe the offici e f the City of San Bernardino this 10 day of 11 . 12 Rachel Clark, City Clerk 13 14 15 Dep ty C' y Clerk 16 17 18 19 20 21 22 23 24 25 26 27 28 MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF. SAN BERNARDINO ADJOURNED REGULAR MEETING MARCH 22, 1993 COUNCIL CHAMBERS This is the time and place set for an adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino from the regular meeting held at 8:33 a.m. , Monday March 8, 1993, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The City Clerk has caused to be posted the order of adjournment of said meeting held on Monday, March 8, 1993, and has on file in the office of the City Clerk an affidavit of said posting together with a copy of said order which was posted at 10:00 a.m. , Tuesday, March 9, 1993, on the door of the place at which said meeting was held. The adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb at 8:29 a.m. , in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; City Clerk Rachel Clark, City Administrator Shauna Clark. Absent: Council Member Estrada; City Attorney Penman. RECESS MEETING - CLOSED SESSION (1) At 8:29 a.m. the Mayor and Common Council and Community Development Commission recessed to closed session for the following: a. to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956.9(b) (1) , as there is significant exposure to litigation; b. based on existing facts and circumstances, set out below, the City Council is meeting only to decide whether a closed session is authorized pursuant to California Government Code Section 54956.9 (b) (2) ; 1 3/22/93 C. to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956.9 (c) , so that Council/Commission may decide whether to initiate litigation; d. to consider personnel matters pursuant to Government Code Section 54957; e. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities pursuant to Government Code Section 54957; f. to give instruction to the City' s/Commission's negotiator on the purchase of property pursuant to Government Code Section 54956.8. The real property which the negotiations concern is generally located at The identity of each person with whom negotiations are authorized is: g, to meet with an applicant for a City license and the applicant' s attorney pursuant to Government Code Section 54956.7; h. to meet with the Chief of Police regarding matters of public security pursuant to Government Code Section 54957; i. to confer with" the attorney regarding pending litigation which has been initiated formally to which the City is a party to pursuant to Government Code Section 54956.9(a) as follows: Stubblefield Construction Company, et al vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 242998; San Bernardino Superior Court Case No. 252058; Tomas Armendariz et al vs. James F. Penman, et al - United States District Court Case No. 91-5757; Julie M Thompson vs City of San Bernardino, et al - United States District Court Case No. SA CV-92-888 GT (RWRx) ; Leslie Bond vs Community Development Commission, et al- San Bernardino Superior Court Case No. 276373 ; Paul Stark vs City of San Bernardino - San Bernardino Municipal Court Case No. 138304; 2 3/22/93 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN SAID CITY AND THE STUBBLEFIELD CONSTRUCTION COMPANY, RELATING TO ACCESS FOR THE PARCEL NORTH OF HIGHLAND AVENUE AND EAST OF STATE ROUTE NO. 330 (Continued from March 8, 1993. ) (39) Discussion ensued relative to the processing of said agreement. Mark Ostoich, Esquire, Gresham, Varner, Savage, Nolan & Tilden, 600 North Arrowhead Avenue, San Bernardino, CA, explained that the State of California Department of Transportation (Caltrans) has stated that if the contracts are not executed, the State will proceed with eminent domain procedures, therefore, it is urgent that the proposed resolution be adopted. Discussion ensued relative to the potential liability the City may incur by failing to take action on said resolution. Council Member Hernandez made a motion, seconded .by Council Member Pope-Ludlam, that said resolution be adopted. (Note: There was no vote taken at this time. ) Discussion ensued regarding the contents of said agreement and the adoption in principle of said resolution. Council Member Estrada made a substitute motion, seconded by Council Member Miller, that said resolution be referred to Planning & Building. Services to proceed with the environmental review process. (Note: There was no vote taken at this time. ) Discussion ensued relative to the urgency of taking action at this time. Tom Parrish, representing the Stubblefield Company, 2258 Bradford Avenue, Highland, CA, presented a letter to the Council dated December 17, 1992, from the State of California Department of Transportation (Caltrans) reflecting their position towards the Stubblefield Company. CITY ATTORNEY PENMAN EXCUSED At 3:25 p.m. , City Attorney James Penman left the Council meeting and was replaced by Deputy City Attorney Empeno. Discussion ensued regarding placing the City in a position of inverse condemnation. 28 3/22/93 ' Council Member Estrada made a motion, seconded by Council Member Miller, that said resolution be referred to Planning & Building Services for environmental review; and that the Director of Public Works/City Engineer be directed to write a letter to the Department of Transportation stating that the matter has been heard before the Mayor and Council and will be processed as expeditiously as possible in accordance with appropriate administrative procedures. (Note: There was no vote taken at this time. ) Warner Hodgdon, P. O. Box 2146, San Bernardino, CA, presented a letter dated March 22, 1993, which expressed opposition to the project and stated that the primary/secondary access is substandard and does not meet City Fire, Health and Safety Codes. The liability to complete and bring these roads into compliance with City street standards is projected to cost $780,998. Council Member Estrada made a substitute motion, seconded by Council Member Miller, that said resolution be referred to Planning & Building Services for environmental review; and that the Director of Public Works/City Engineer be ire- a to write a letter to the State of California Department of Transportation (Caltrans) stating that the matter has been heard before the Mayor and Council and will be processed as expeditiously as possible in accordance with appropriate administrative procedures; and that staff be directed to investigate the $780,998 liability addressed in Warner Hodgdon's letter dated March 22, 1993. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Pope-Ludlam, Miller. Nays: Council Member Minor. Absent: None. RECESS MEETING At 4:01 p.m. , Mayor Holcomb declared a five-minute recess. RECONVENE MEETING At 4:12 p.m. , the adjourned regular meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by City Clerk Rachel Clark with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman; City Clerk Rachel Clark; City Administrator Shauna Clark. 29 3/22/93 1 I 4 a V V a M po a 00 4) N O IU .y try A 0 " cca lLn C� t � aW Ilk nw1 00 ►� 5 CA � W A , g e y of # t " {fir#� ��� rte, t�t', �F �: •; v � �" v'. u' {fir h '�''k£''°.,t a t.. .a"d"r r�# r. Y'r Fn''� i�, �P��.rt 1 .)r<, �,� g • ��r,�,t" .:g}.. � �� �i ' 'a 1} , •4Y. - ff"Y4�{c� �.• �� � �t .. �:! i, !" $ f =te t'�'° r��., � �'k.' h#"r Cp� �i �{ �j '� °r '�; d'= � �.. ' �,�` .. r r ti�F3 � ,. � ,,� # w;:• }f�; �'`� ; F,sj 4� �'! 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'a v. �C, -� -$ i<. >'G 'i�• ys its ''`, '1.... v' ��i1 �,. t!yp:red' $ '9,: � t. qq + :S �,.� )t � 1. h '�` �y� • �9r IMP I now Page 12 Mr.and Mrs.Chrzanowski's written to attend the August 16,1993 City/EDA Meeting: Mayor's Heart in Right Place and City Improvements needed in Right Place: We acknowledge that your heart is in the right place, everyone's concern is that positive efforts for needed City Improvements to curtail Neighborhood Deterioration are in the right place. The Chrzanowskis' were again written by the City Department of Public Works letter dated August 3, 1993 to attend the August 16, 1993 City/EDA meeting for the SBVMWD Agreement execution by the City. The District had preferred the Chrzanowskis' give the City Fee Title to their property, in lieu of the Landscape/Maintenance Appurtenant Facilities Easement Deed requested, accepted and recorded by the City March 11, 1991. The City having Fee Title would make the SBVMWD more comfortable in providing their May 4, 1993 commitment for the $25 thousand Landscape/Re-Contouring Mitigation over their underlying pipeline and participation with the City's request. The City Department of Public Works forwarded the replacement City Grant Deed to the Chrzanowskis' on August 3, 1993 for execution and without compensation. Therefore. the Chrzanowskis' were more than disappointed with your August 5 1993 Directive with the City Attorney's Office not to go forward with the project Like Aaron and I they too subsequently read about this in the City's resulting news releases found in The Sun on August 20 and August 31, 1993. Conclusion: On May 10, 1993 Aaron and I reviewed the Sterling Avenue/Foothill Drive Area On- Site with Brook Johnson, Publisher, The Sun, and wrote him by our letter dated May 12, 1993 relative thereto. He observed the City's North Sterling Avenue Area looking like a Dump, the unrelated Man-Hole to the east and unmaintained Road/Pipeline Right-of-Way area parallel the Chrzanowski family home. I subsequently read this letter into the Council Record and provided copies thereof. I have met with the Chrzanowskis' and have written an overview of this matter to them by letter dated November 1, 1993. They have previously committed and are prepared to execute and have Notarized the replacement Fee Title Grant Deed prepared and requested of them on August 3, 1993 by the City Public Works Department. (See attached August 3, 1993 Chrzanowski Fee Title Grant Deed prepared and requested by the City) (For reference: See November 1, 1993 Warner Hodgdon letter to the Chrzanowskis'RE:City/SBVMWD) The Chrzanowskis' are HEROES and good decent people. We believe that we are decent too and only desire to rid the neighborhood and the City of the rampant Blight, Decay and Economic Depreciation. Accordingly, we had previously forwarded and reviewed with Department of Public Works, City/EDA and Planning our Illustrative Aerial Plan(s) of Development and May 5, 1992 Letter Report Book with Photolog titled: (Draft May 5,1993) Orchard Hills Enclaves Plan of Finance and Monthly Appreciation Contribution Community Service District and Covenants of Appreciation Monitor Control Security System Entrances and Street Landscape Standards of Maintenance (For Convenience and Reference:See Front Page only of the May 5, 1992 Orchard Hills letter Report Book) HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 13 SBVMWD Remains Committed to go Forward November 1, 1993: George Aguilar, SBVMWD Board Member called Aaron and I to meet with the SBVMWD Staff on October 26, 1993. I spoke with Pat Milligan, President, SBVMWD Board on November 1, 1993 and he planned to meet and speak with you, as they are all committed to go forward. The SBVMWD October 26, 1993 Meeting Agenda with Aaron and I is incorporated in our letter to the Chrzanowskis' and copied you and the Council. (See attached SBVMWD October 26, 1993 Meeting Agenda:Sterling Avenue Participation Agreement) EVWD Sterling Avenue and Foothill Drive Area Related Commitments For: Water Service Meter, Needed 3 Million Gallon Reservoir Location and June 1992 Geological Exploration: In cooperation, the EVWD Board approved on December 13, 1993 waving of the $1700 Water Meter Charge and will provide Service to the southeast corner Public Project undertaking for the installation cost only of $1200 to SBVMWD. By letter dated December 2, 1993 the District confirmed their need for a new 3 million gallon Reservoir Site, Access and Main Facilities along the east 1/22/86 Dedicated Full-Standard Sterling Avenue Area Primary/Secondary Access. EVWD Manager Bob Martin acknowledged both of these matters in his letter dated December 2, 1993 and Memorandum dated December 9, 1993. Mr. Martin also acknowledged that the EVWD major Geological Explorations therefore, was completed by heavy equipment in June 1992 (1100 lineal feet of trench 10 feet deep) for their July 10, 1992 Reservoir Site Location Fault Investigation Report. (See attached December 2, 1993 EVWD letter RE:Reservoir Location at Sterling Avenue) (See attached December 9, 1993 EVWD letter RE:Southeast Sterling Avenue Area Water Meter Service) Norman and Carol Chrzanowski Cooperation with City/SBVMWD January 1991 to December 1993,and Fully Documented by Warner Hodgdon November 1, 1993 Letter and Photologs: Hopefully, as Mayor you will work with everyone, including all participating parties that have worked so hard and invested enormous capital in Good Faith to improve the neighborhood Values. The City's on-going performance thus far has been very costly to the Value of the City/EDA's own fallow un-maintained property (200 acres ±), Sterling Heights property owners, RSA-Secret Hollow Ranch, and every neighborhood Citizen's Home Equity. This travesty and related curtailments have cost RSA over $1 Million just to re- confirm the Sterling Avenue Area Primary/Secondary Area which had already been approved by the City on 1/22/86• and is pointing toward the RSA impact costfloss of several million more. It is short sighted of the City not to see that the future of this neighborhood area is in socio/economic jeopardy and to continue curtailing RSA and Sterling Heights constructive improvement thereof. (For Reference see November 1, 1993 Warner Hodgdon letter of Documentation and Photologs to Carol and Norman Chrzanowski) Politics exist in a warped World. We sincerely believe that you and the Council have the Wisdom to foresee that the revitalization of this overall Sterling Avenue Area, starting with the January 1991 City/EDA/Water Department Joint Participation and Implementation HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 14 of their own fallow unmaintained 200 acre property is a CONSTRUCTIVE TEMPLATE that can be repeated throughout other community neighborhoods for the betterment of the entire City's future. Sincerely, cG� Warner W. Hodgdon cc: Carol J.Chrzanowski and Norman R.Chrzanowski George Aguilar,Director/Pat Milligan,President,SBVMWD City Council/Commission Members Al Boughey,Director of Planning Shauna Clark,City Administrator Dennis Barlow,Senior Assistant City Attorney for City/EDA Ann DeBolt,Real Estate Specialist,City Department of Public Works HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 185o HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFFILIATE WARNER W. HODGDON HEART BAR RANCH,ARROWHEAD SPRINGS POST OFFICE BOX 2146 SAN BERNARDINO,CALIFORNIA 92406 (714)881-1547 November 1, 1993 TF-LF'COPY: (714)886-9962 Mayor and Common Council City of San Bernardino 300 North "D" Street San Bernardino, California 92418 RE: City Obligation to Carol and Norman Chrzanowski,Sterling Avenue/Foothill Drive Requested January 28, 1991,Notarized, Accepted and Recorded by the City March 11, 1991 RE: City/EDA and Council October 21, 1993 and November 1, 1993 Meeting Agendas,i.e.: (1) Massive City Attorney Litigation and City Damage Liability Case(s), (2) City Attorney's LOSS AND SETTLEMENT of Stubblefield $11.537 Million Damages Against the City, Awarded April 2, 1991,and (a) Related City Attorney June 1992 Stubblefield Sterling Avenue Area and June 1992 Stubblefield east/west Rt. 330 Streambed Massive Grading Issues, and (b) Related City Attorney Stubblefield October 7, 1993 Planning/DERC Approval for: Sub-Standard Rt. 330/City Creek Access 50 Year Development Agreement,and (c) Related City Attorney October 21, 1993 Council Action For; $11 thousand Change Order to: November 6, 1991 Wal-Mart Development Agreement/Stubblefield: (City/EDA S1.2 Million Highland Avenue Area Improvements Cost, City Deferred $550 thousand Development Impact Fees, City Waived S1.2 Million Highland Avenue Non and Limited Access Cost for Development Land "Added Value", IVDA Project Boundary) (3) October 21, 1993 Home Builder Michael John Denied Deferred Fee Time Payment Plan (4) October 21, 1993 Rogers Bindery; 800±Employees; $10 Million Payroll and City/EDA 1983 Re-Location Assistance Considerations,including U.S. Regional Post Office (5) John Dukes California Street/Medical Center Drive Area Developments $18 Million; and (City/EDA applicable$8.5 Million Community Hospital Board Loan Guarantee) Dear Mayor and Common Council: Introduction: Chrzanowski Family True Heroes: The Carol and Norman Chrzanowski Family are TRUE COMMUNITY HEROES and do not deserve the City/EDA mishandled treatment and ridicule they have been subjected to without provocation over recent months. On January 28, 1991 the City requested, and then prepared, notarized and recorded on March 11, 1991 an Easement Deed from the Chrzanowski Family for Landscape/Re-Contouring Mitigation and appurtenant facilities at the S/E Corner of Sterling Avenue and Foothill Drive. This was freely given to the City even after the Chrzanowski's had spent and borrowed funds in the amount of $8900 to protect and repair their home following damage from the North City Property and Foothill Drive storm flows. HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 0 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 W A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 2 SBVMWD Participation for 74% of City/EDA Obligations: By separate action the City subsequently requested the San Bernardino Valley Municipal Water District to pay 74% of the Projected $35 thousand mitigation cost as part of their underlying pipeline right-of-way easement. This would leave the City Cost to be paid from the City/EDA In-fill Improvement Bond proceeds, Account No. 650-0140, of $10 thousand only for curb, gutters and sidewalk rather than the full $35 thousand City Obli ag; tion. Mayor Minor's August 5, 1993 Directive with the City Attorney's Office and Comparable City Project Policy within the S.B. County Boundary: On September 23, 1993 I spoke to Mayor Minor regarding his August 5, 1993 Directive with the City Attorney's Office not to go forward with the prior City requested and June 20, 1993 approved SBVMWD Joint Participation Agreement Project because he viewed it would be a City/EDA $10 thousand expenditure within the S.B. COUNTY BOUNDARY. Therefore. the approved SBVMWD Agreement to off-set 74% of the $35 thousand recorded March 11, 1991 City Obligation was not allowed on the August 16 1993 City/EDA Public Agenda. Accordingly, the August 5, 1993 Directive did not make Common Sense to me and Mayor Minor agreed to meet at a later date for documented clarification. This lead me to re- evaluate the comparable City Policy for the November 6 1991 Wal-Mart/Stubblefield Highland Avenue Area Improvements reaching a City/EDA cost of $1.2 Million and $400 thousand of which were constructed within the City of Highland but within the S.B. COUNTY BOUNDARY. Wal-Mart/Stubblefield Development City/EDA $1.2 Million Improvement Cost and $550 thousand Deferred City Development Impact Fees, but Deferred Fees denied Small Residential Developer: John Dukes California Street and Medical Center Drive $18 Million Capital Development: Roger's Bindery $10 Million Payroll for 1983 City/EDA Relocation Considerations: I had previously attended the October 21, 1993 and November 1, 1993 Council/EDA meetings to address related Agenda Items i.e. Wal-Mart Development Agreement/Stubblefield $11 thousand Change Order for: $1.2 Million City/EDA Highland Avenue Area Improvement Costs paid for, but within the IVDA Project Boundary and City Deferred $550 thousand Wal- Mart Development Impact Fees (DIF) by four year Time Payment Plan. The $11 thousand Change Order was approved by City/EDA Consent Calendar without Public Comment. Subsequently, a small residential developer was denied any consideration for deferred City Development Impact Fees, as the City Attorney advised there was no existing enabling Legislation for Time Payment Plan(s). The City Attorney had scrutinized the November 6, 1991 Wal-Mart/Stubblefield Development Agreement and approved the Deferred Time Payment Plan therein. John Dukes California Street/Medical Center Drive area $18 Million Capital Development Investment and related City/EDA Loans and personal guarantees were then HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)983-01S3 A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 3 discussed. Thereafter, the approval of related area City/EDA $8.5 Million loan Guarantee for a new Community Hospital Professional Office Building, without Board of Director/Chief Operating Officer Personal Guarantees was not discussed by the City/EDA. Roger's Bindery 1983 Relocation Assistance consideration for: (800± employees, $10 Million Annual Payroll and related City/EDA 1983 Relocation Assistance Considerations of $500 thousand reduced by principle and internal payments to $200 thousand ±) was discussed, including personal guarantees and City/EDA forgiven non State UCC collateral filing. Though I rose to the Podium on November 1 1993 as the time grew late I did not press further to speak and therefore write this letter for the Official City/EDA Record regarding the above referenced subjects. Federal Court found the City and City Attorney Guilty of No Due Process on October 29, 1993 resulting in $400 thousand Damages to Budget Motel Owners: It is my understanding that on Friday, October 29, 1993 a Los Angeles Federal Court Jury found the City and City Attorney guilty for NO DUE PROCESS in the Budget Motel Case. As a result the City may face another new trial for Major Damages or Grant a costly $400 thousand Settlement. These are Over-Budget Costs from a depleted City General Fund. $1 Million Damages Trial for Super 7 Motel and other Statue of Limitations: Multi-Million City Damages Trial for Arden and Guthrie Apartments, No Due Process: Apparently there remains a series of such No Due Process Cases in Federal Court against the City regarding the handling of similar Code Enforcement Operations under the direction of the City Attorney's office. One of which is the Super 7 Motel and Damages asking for another $1 Million Damages. These outstanding matters may be viewed by the City as beyond the one year Statute of Limitations, however, under Civil Penalties of the State Business and Professional Code the Statute of Limitations may be up to five years. Another major on-going Damages Case Against the City includes, but not limited to, a similar situation now in Federal Court regarding the Highland Avenue - Arden and Guthrie Apartment property and it's related Multi-Million Action against the City for City Attorney' related No Due Process. I understand that the Plaintiffs attorney for the various Arden/Guthrie owners is the eminent Legal Counsel, Darlene Fischer Phillips, Esq. of Hill, Farrer and Burrill, Los Angeles. (For reference see City Attorney's Office for Court Decision and Consequence of Damages) (See attached November 6, 1993 Sun article"S.B. Settles with Motel Owner,$400,000" and Super 7 $9 Million) Other Massive City Damage Litigation Cases and Multiple Liabilities: Stubblefield East/West Rt. 330 Mountain Shadows $11.537 Million Damages; and related November 1, 1993 Agenda Item for Council Closed Session Settlement: As you know, Ms. Phillips was also Legal Counsel for Stubblefield in the January 28, 1991 west Rt. 330 "Mountain Shadows" Trial Against the City. This matter is included on the HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 IT RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-01S3 ���VVV A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 4 November 1, 1993 Council Agenda as a Closed Session Settlement Item. On April 2, 1991 the Jury awarded Stubblefield $11.537 Million in DAMAGES against the City for Violation of Rights to build 492± Low and Moderate Income Apartments located at west Rt. 330, Mountain Shadows. By ineptly losing this case also, the City Attorney has spent many hundreds of thousands of dollars in CITY OVER-BUDGET FUNDS on internal and outside attorneys subsequently retained to defend the City and to appeal these excessive Damages. 1991 Stubblefield Trial and Related 1990 Sterling Avenue Area/1992 Rt. 330 City Creek Issues: Ms. Phillips also represented the February 1992 Major Claim against the City/EDA regarding the property escrow interest of others in the City/EDA March 1992 $360 thousand acquisition of Foothill Drive/Sterling Avenue property (8.5 acres). This property is part of the contiguous City/Water Department Managed Asset of City fallow unmaintained property fronting Sterling Avenue (180 acres) and obtained April 15, 1974. This overall property is being implemented by the City/EDA as the Little Sand Canyon Development under a January 1991 City/EDA/SBMWD Joint Participation Agreement. As you know, MS Phillips (Stubblefield's Attorney) also represents the contiguous Sterling Heights Tentative Tract property (50 acres) under which the November 7, 1990 Planning/City Attorney mis-handling thereof, i.e. Sub-Standard Primary/Secondary Access and overall City process was used in SWORN TESTIMONY for the Stubblefield Mountain Shadows January 28, 1991 Trial and April 2, 1991 resulting $11.537 Million Damages awarded against The City. City Attorney November 1, 1993 request for Stubblefield Matter CLOSED SESSION: No Council Stampede for Stubblefield Settlement of$11.537 Million Damages: I noted on the Council's November 1, 1993 Supplemental Agenda, Item S-3 that there would be a 12:00 PM CLOSED SESSION regarding the Stubblefield Construction Company et al vs. City of San Bernardino et al - Superior Court Case No. 242998 and 242058, Court of Appeal Case No. E009749 (RE: $11.537 Million Settlement Agreement). The Mayor and Council should not be stampeded into costly settlement in CLOSED SESSION without the considered terms thereof also being fully heard first in Open Council Session for knowledteable Public Input. (See attached November 1, 1993 Supplemental Agenda Item RE:Closed Session Item S-3 Stubblefield Stubblefield Rt. 30/330 Sworn Declaration to the Court Under PENALTY OF PERJURY: The April 2, 1991 $11.537 Million Damages to Stubblefield was lost by the inept handing of the Deputy City Attorney, Henry Empeno. By Stubblefield's October 23, 1990 SWORN DECLARATION submitted to the Court under PENALTY OF PERJURY there was a represented agreement to sell Rt. 330 Fill Material (300,000 cy for $900 thousand) to Caltrans/Contractor from the January 28, 1991 Trial 492 DU's Apartment Site and up to an additional $2.5 Million at $3 to $5 per cubic yard from another "Mountain Shadows" Borrow Site. These Sworn Stubblefield sales total approximately $3.4 million ±. Irrespective of Stubblefield's Sworn Declaration and representations to the Superior Court, and the City Attorney's acceptance thereof, in April 1989 RSA-Highland Hills had committed to provide Rt. 30/330 Fill Material to Caltrans/Co n tractor AT NO COST. Stubblefield October 23, 1990 Sworn Declaration under Penalty of Perjury, Quote: HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 \/ RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 5 3. Certain of the real property owned by plaintiffs is in close proximity to a freeway project planned by Caltrans. This freeway project is known as the"Cross-Town Freeway" and is an extension of Freeway 330. Approximately four years ago,Caltrans contacted plaintiffs and indicated its interest in using fill dirt from plaintiffs'planned project. Caltrans officials advised plaintiffs that it required approximately 300,000 cubic yards of dirt for the first phase of the freeway proje $5 00 per cubic yard of dir. Because plaintiffs have been unable to gain the City's approval of their development project,plaintiffs were unable to enter into an agreement with Caltrans(contractor)for such fill dirt. Caltrans (The Contractor) has since obtained that dirt from other parties at significantly higher cost. As a consequence, plaintiffs lost, at a minimum, $900,000 as a result of their inability to contract with Caltr;ing 4. Caltrans has now advised plaintiffs that it is accepting bids for fill dirt for the second phase of the freeway project. Caltrans has further informed plaintiffs that it requires approximately 450,000 cubic yards of dirt and the (contractor) is willing to pay between $3.00 and $5.00 per cubic yard. If this lawsuit is promptly resolved in plaintiffs' favor,plaintiffs will have an opportunity to enter into an agreement with Caltrans to provide this fill. I declare under penalty of perjury that the foregoing is true and correct. Signed by,Arnold Stubblefield October 23, 1990 City Attorney's Added Multi Million City Cost for Outside Attorneys: Following the April 2, 1991 Jury's verdict and $11.537 Million Damages award to Stubblefield, the City Attorney then retained the outside legal firm of Maclachlan, Burford and Arias to represent the City and City Attorney's Office. Their Legal Fees and Billings for this and various Defenses of City legal matters has cost the City well over $1 Million thus far. On June 2, 1992, 14 months after the April 2, 1991 verdict awarding Stubblefield $11.537 Million against the City, the City Appeal was competently prepared and filed in the Forth Appellate District Court by Christopher D. Lockwood, Esq. and Joseph Arias, Esq. of that firm. The June 2, 1992 Front page of the appeal is attached for reference. (See attached Front Page of the June 2, 1992 Appeal RE:Case No. 242998 RE: Stubblefield vs. The City$11.537 Million) (Comment: On June 19, 1992, shortly after filing the Stubblefield June 2, 1992 Appeal, the City Attorney wrote the Grand Jury regarding: (1) City Change Orders by the Mayor, (2) un-permitted Graders Grading for roads, curbs, gutters and infrastructure to develop House Lots and Apartment Pads, and (3) Management Audit of Mayor/City Attorney's Office. The October 23, 1990 Stubblefield Sworn Declaration, under Penalty of Perjury, regarding sale of$3.4 Million Fill-Material to Rt. 330 Caltrans/Contractor and the November 7, 1990 Planning/City Attorney mis-handling of Sterling HeighislSterling Avenue Area for Sub-Standard Access were used in Sworn Testimony for the January 28, 1991 Stubblefield Trial against the City and resulting $11.537 Damages) City Attorney's July 15, 1991 Recommended City General Plan Amendment for Stubblefield "Mountain Shadows" 766% Density Increase: Following the Stubblefield April 2, 1991 $11.537 Million Damages, the City Council followed the City Attorney's recommendation on July 15, 1991 for the City to Initiate an Amendment to the June 2, 1989 Updated City General Plan and FEIR giving Stubblefield's east/west Rt. 330 "Mountain Shadows" property a 766% Density Increase from 128 DU's to 973 DU's, including: HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 t��c1 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 I I J RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,p14)883-0153 �y A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 6 (1) 480 East Rt. 330/City Creek Canyon High Density Apartments (24 DU's per acre), (2) a 44 acre west Rt. 330 Borrow Site and Grading Plan Scheme for Stubblefield to Sell $2.5 Million of unneeded Fill Material (400/500 thousand cubic yards) by controlled Source and Price to the Rt. 330 Caltrans/Contractor, and in truth 80 underlying Mobil Home Lots with Sub- Standard Primary Access, (3) Highland Avenue Commercial Off-Site Street/Drainage Improvements costing the City over $400,000 thus far, and (4) added consideration of the City waving Stubblefield City Development Impact Permit Fees (Multi Millions) for the "Mountain Shadows" 766% Density Increase and Commercial Property. Attached hereto are the City July 15 1991 Certified Minutes ratify the City Attorney's recommendation for Stubblefield's 766% Density Increase. (See July 15, 1991 Certified Council Minutes RE:City Attorney Recommended General Plan Amendment for Stubblefield) City Attorney's July 15, 1991 Stubblefield Mountain Shadows 766% Density Increase Map: Deputy City Attorney Empeno, who lost the April 2, 1991 $11.537 Million Stubblefield Damages Case confirmed this to me on August 2, 1991, provided a copy of the July 15, 1991 City Attorney recommended General Plan Amendment Map provided the Council, outlined the City Attorney's recommended Stubblefield 766% Density Increase and other benefits applicable thereto. See previously attached Certified July 15, 1991 Council Minutes, attached Density Map provided by the Deputy City Attorney and Draft August 2, 1991 Density Increase Compilations (123 DU's to 973 DU's). (See attached July 15, 1991 City Attorney Recommended, Stubblefield Density Map and August 2, 1991 Draft Density Compilations) RSA-Reid & Hellyer Legal Defense of the City, Common Council and DERC Committee: NO COST AND NO LOSS TO THE CITY: At the request of the City Attorney in February 1988 and July 1989 my sons Rancho San Andreas Company (RSA) retained Reid & Hellyer to Defend the City, Common Council and City Development/Environmental Review Committee against Charges filed on January 14, 1988 by the Highland Hills Homeowners Association against the City, Common Council, City DERC and others; there were subsequent July 3, 1989 Charges by Save San Bernardino against the June 2, 1989 Updated City General Plan and FEIR. These 1988-1991 matters against the City Common Council and DERC were Settled and Dismissed with RSA-Reid & Hellyer actin ag s Legal Counsel on behalf of the City. Dennis Barlow Senior Deputy City Attorney coordinated this matter. All related Legal Defense and related other costs were born by RSA Company ($1 Million ±) This was accomplished by RSA-Legal Counsel also acting as City Counsel Reid & Hellyer in cooperation and full review with the City Attorney's Office THERE WAS NO COST AND NO LOSS TO THE CITY. City Approved and Superior Court Approved May 16, 1989 City/Highland Hills Homeowners Association Settlement Agreement and Effective Date being July 3, 1993: Under the related City Approved May 16, 1989 CITY/HIGHLAND HILLS HOMEOWNERS ASSOCIATION SETTLEMENT AGREEMENT, the former Highland Hills Multi-Family December 7, 1987 CUP's prepared by Planning for 584 apartments under an IES- Negative Declaration and approved by the City Council for others (William E. Leonard et al), were voluntarily withdrawn by RSA. As reflected in the Settlement Agreement, Rancho San HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 7 Andreas North (RSA) Highland Hills Plans of Development with Enhanced Open Space Environmental Greenbelt Championship Golf Course/Resort at Highland Avenue/Rt. 330/City Creek/Cook Canyon with 1316 Multi-Family residences was provided for therein and along with the applicable City/EDA $33 Million Mortgage Revenue Bonds issued. The Rancho San Andreas North (RSA)-Highland Hills Plans of Development was Considered and Designated the Preferred Land Use Plan, Grandfathered and Incorporated within the June 2, 1989 Updated City General Plan and FEIR. The effective date of the June 2, 1989 updated General Plan and FEIR and City Approved May 16, 1989 City/Highland Hills Homeowners Association Settlement Agreement was July 3, 1989. Therefore, the Superior Court approved the Settlement Agreement on July 3, 1993 as required. State Office of Planning and Research June 6, 1987 City Building Moratorium and May 23, 1988 City Interim Policy Document and June 2, 1989 Updated City General Plan: Superior Court Judge Ben T. Kayashima approved the May 16, 1988 City/Highland Hills Homeowners Association Settlement Agreement on July 3, 1993. The City June 2, 1989 Updated General Plan and FEIR was approved with Settlement provisions and in accordance with the State Office of Planning and Research June 6, 1987 City Building Moratorium, State Office of Planning and Research May 23, 1988 City Interim Policy Document (IPD), and the June 2, 1989 Updated City General Plan and FEIR. The City Notice of Determination was filed with the State Office of Planning and Research with the effective date of both the General Plan and Settlement Agreement being July 3, 1989. July 15, 1991 City Attorney Recommendation for Stubblefield east/west Rt. 330 766% Density Increase and $11.537 Million Settlement Plan: March 22, 1993 Stubblefield Sub-Standard east/west Rt. 330 Primary/Secondary Access 50 year Development Agreement: Shortly following the State Office of Planning and Research Actions and their Approvals of the updated City General Plan and FEIR, effective July 3, 1989, the City Attorney recommended his Settlement Plan for $11.537 Million Stubblefield Damages he lost against the City. The City Attorney's July 15, 1991 recommendations included Stubblefield Mountain Shadows 766% Density Increase and City Initiated Amendment to the recent June, 2, 1989 Updated City General Plan and FEIR. Stubblefield Apartments Not Exempt under the State Office of Planning/Research City Moratorium and IPD: Stubblefield east/west Rt 330 Mountain Shadows property and 492 Low and Moderate Income Apartments in the April 2 1991 Trial Damages Against the City were not found exempt under the State Office of Planning and Research (SOPR) June 6 1987 Building Moratorium or the SOPR May 23 1988 City Interim Policy Document (IPD). Irrespective of the June 2, 1989 City Updated General Plan and FEIR Public findings, the City Attorney recommended his July 15, 1991 Stubblefield Density Increase to include 480 High Density Apartments (24 DU's Per acre) on Stubblefield's east Rt. 330 City Creek Canyon 20 acre property with City Sub-Standard Primary/Secondary Emergency Access therefore from Highland Avenue and contiguous to the State Route 330 Scenic Drive. HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 IT RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)SSM153 ����VVVV A WARNER W.HODGDON FAMILY GROUP AFFMATE Page 8 Stubblefield Special Rt. 330 Sub-Standard Primary/Secondary Development Code Amendment: Under the advice and review of the City Attorneys office, on October 7, 1993 the City DERC approved an Initial Environmental Study(s) and Negative Declaration(s) Recommended by expert City Consultant Dodson for Stubblefield's City Sub-Standard east Rt. 330/City Creek Canyon 20 acre property's Primary/Secondary Emergency Access and 50 year Development Agreement with City maintenance therefore. This access serves the 480 high Density apartments under the City Attorney's July 15, 1991 recommendation. On August 26, 1993 and September 23, 1993 and under the advice and review of the City Attorney's office the DERC approved the applicable Stubblefield Sub-Standard Primary/Secondary Access Development Code Amendment to the June 2, 1989 Updated City General Plan. Planning/City Attorney Refuse to address Stubblefield east/west Rt. 330 Sub-Standard Access and City Cost/Maintenance thereof, or Stubblefield unpermitted Infrastructure Construction/Massive Grading into City Creek Streambed: These Stubblefield March 26, 1993 applications for Sub-Standard Rt. 330 Primary/Secondary City Deficiency Costs and 50 year Maintenance thereof under the City 50 year Development Agreement and acted upon by Planning/City Attorney/DERC will cost the City hundreds of thousands of dollars. In addition, since the March 22, 1993 Council Directive to do so, Planning/City Attorney has refused to address the related and accumulative impacts of (1) added City Liability of this Deficiency Cost/Maintenance for the Sub-Standard east/west Rt. 330 access, (2) Health and Safety Rt. 330 Secondary Access Emergency Procedure Liability Cost, or (3) Stubblefield's east/west Rt. 330 unpermitted Massive Grading and Infrastructure Construction (roads, curbs, gutters, drains, pipelines, reservoirs, Small Canyon/City Creek Streambed alterations for: House Lots and Apartment Pads, including Massive Grading of the east Rt. 330 City Creek Canyon 20 acre Apartment property and Bull- Dozing therefrom Thousands of Boulder, Tons of Material, Debris, Trees and Stumps over the cliffs directly into the City Creek Streambed by June 1992. Planning's ENVIRONMENTAL REVIEW Non-Response to the City Council's March 22, 1993 Directive RE: Stubblefield east/west Rt. 330 Massive Grading/Infrastructure Construction, and Sub- Standard Access/50 Year Development Agreement and Liability Cost: These east/west Rt. 330 City Sub-Standard Improvement Cost, Liability issues and Stubblefield Massive Grading photologs were read into the record and submitted by my letter dated March 22, 1993 to the Mayor and Council. Said letter, attachments and photolog, but not limited to, were regarding the Stubblefield east west Rt. 330 Sub-Standard Access and 50 year Development Agreement. By Council Motion and majority approval on March 22, 1993 the Council DIRECTED the Department of Planning and Building Services to process for ENVIRONMENTAL REVIEW the Stubblefield Bull-Dozing into the City Creek Streambed, the Stubblefield east Rt. 330/City Creek Canyon 20 acre Property 50 year Development Agreement and east/west Rt. 330 Sub-Standard Primary/Secondary Emergency Access Deficiency Costs referenced in my March 22, 1993 letter and attachments. HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 0 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 9 None of the Council's March 22, 1993 Directive was followed as part of the Department of Planning and Building Services process by expert City Consultant's IES-ND(s) recommendations, all reviewed by the City Attorney's Office, for and/or as part of the Stubblefield related March 26, 1993 Application(s). The meetings therefore by the DERC were held on (1) August 26, 1993, (2) September 23, 1993 or (3) October 7, 1993 in which the IES- ND(s) for the east Rt. 330/City Creek Canyon 20 acre property 50 year Development Agreement and Agenda Action(s) were approved. Quote October 7, 1993: "Proposal: To vest approval of a (Stubblefield) non-standard secondary access route, based on the concurrent ado tip on QfDevelonment Code Amendment No. 93-05 and subject to tk approval of Variance No. 93-07. Subject property consists of approximately 20 acres located on the east of SR 330, approximately 1,300 feet north of Highland Avenue, in the RS, Residential Suburban, General Plan land use designation. Status: Continued from August 26, 1993 Staff Recommendation: Forward proposed Negative Declaration to Planning Commission." (See attached March 22, 1993 Certified minutes RE: Council Direction of Environmental Review of Stubblefield Massive Grading and Sub-Standard Development Agreement Cost/Maintenance) (See attached DERC October 7, 1993 Agenda and Stubblefield recommendation) Stubblefield's east Rt. 330 Sub-Standard Development Code Amendment No. 93-05, Variance No. 93-07 and No. 9301, 50 year Development Agreement continued by Planning November 3, 1993, November 16, 1993 to January 18, 1994, three party east Rt 330 50 year Development Agreement: City, Stubblefield, Caltrans: By the March 22, 1993 Council Directive, the Department of Public Works wrote Caltrans by letter dated March 25, 1993 that the City was implementing Environmental Review of the Stubblefield east Rt. 330/City Creek Canyon 20 acre Property and THREE PARTY 50 YEAR DEVELOPMENT AGREEMENT (CITYICALTRANSISTUBBLEFIELD). At a October 25, 1993 meeting, Caltrans ratified to me that they had never seen the three party east Rt. 330/City Creek Canyon 50 year Development Agreement for review of it's content. The City Planning Department has now continued the March 26, 1993 Stubblefield Application(s) (1) Variance, (2) Development Code Amendment, (3) 50 year Development Agreement Approved by the DERC on October 7, 1993 from the Planning Commission Agenda of November 3, 1993 and November 16, 1993 to January 18, 1994. After the March ' 22 1993 Council Meetinf? Caltrans difficulty with Stubblefield was confirmed by Caltrans letter dated December 17 1992 RE: Stubblefield/Caltrans east/west Rt. 330 LAND EXCHANGE AGREEMENT. (For reference:See attached December 17, 1992 RE:Stubblefield/Caltrans Land Exchange Agreement. (See attached March 25, 1993 letter from City department of Public Works to Caltrans: RE: three party 50 year Development Agreement (See attached December 1992 Caltrans letter to Stubblefield RE:Difficulties to cast/west Rt.330 Land Exchange Agreement) City Attorney's June 1.9, 1992 Grand Jury Letter of Complaint and Underlying Purpose being the; Stubblefield $11.537 Million Damages Against The City: HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 10 On August 3, 1992 I had read my Statement into the Council record and submitted my separate August 3, 1992 letter for the Official Public Record. This was in my concern to the City Attorney's June 19, 1993 letter of complaint and allegations to the Grand Jury in fear of a Management Audit of his office and the Mayor's Office. My statement reiterated that I believed the City Attorney's UNDERLYING PURPOSE was to SMOKE SCREEN the Stubblefield April 2 1991 $11.537 Million Damages awarded against the City. The City Attorney's evil inferences to the Grand Jury included that I had Graded Roads for Curbs and Gutters, even Infrastructure Construction (drains, pipelines, reservoirs) with resulting development of House Lots and Apartment Pads within the City approved 1/22/86 Dedicated Sterling Avenue Area and July 3, 1989 Rancho San Andreas North Highland Hills. This was not true. I or RSA had done no such actively on North Sterling Avenue, RSA-Secret Hollow Ranch or RSA-Highland Hills. (See attached August 3, 1993 Warner Hodgdon letters to the Mayor and Common Council RE:Penman/Stubblefield) Councilman Maudsley on December 23, 1991 and City Attorney on February 11, 1992 Informed Warner Hodgdon of City Non-Permitted Foothill Development Activity, Stubblefield "Mountain Shadows" and Widmeyer "Patton Hills" Massive Grading/Infrastructure: In truth, on February 11, 1992 the City Attorney had informed me of the City un- permitted Widmeyer "Patton Hills" and Stubblefield "Mountain Shadows" Massive Grading and Infrastructure Construction without City Permits or Department of Fish and Game concerns of no 1601 Notification (roads for curb/gutter, drains, pipelines, reservoirs, Small Canyon/City Creek Canyon and other Streambed Alterations). By Grand Jury letter to the City Attorney dated September 7, 1992 the Grand Jury denied the City Attorney's June 19, 1992 complaint because of his Public release and Politicization. The Grand Jury did offer to assist the City Attorney in the Management Audits of the Mayor's and City Attorney's Office. The City Attorney declined the Grand Jury's offer. The Grand Jury letter stated, Quote: "...because of the public debate, the complaint has become a highly politicized issue. For these reasons,the Grand Jury will not participate in an investigation of this complaint." "If the City of San Bernardino wishes to conduct an audit of those complaints raised in items 1, II and III, the Grand Jury would select an independent audit firm to conduct the investigations." (See attached September 7, 1992 Grand Jury Letter to James F. Penman R: Denied Complaint and City Attorney/Mayor Management Audit) Watchful Eye of the Deputy Attorney General's Presence caused Honest Planning/City Attorney Process for RSA: Fortunately for myself and RSA, by February 5, 1993 the City Attorney had turned to the State Attorney General, whose Deputy Attorney General (DAG) presence and joint DFG/DAG Action then caused the City Attorney to properly re-process the former November 7, 1990 Planning/City Attorney mis-handling of the Sterling Heights Tentative Tract Map and prior 1/22/86 City approved Sterling Avenue Area Full-Standard Primary/Secondary Access. By May 24, 1993, the City DERC, Planning Commission and Common Council approved, re- evaluation, re-confirmation and establishment of the previous City approved Full-Standard 1/22/86 Sterling Avenue Area Primary/Secondary Access and Landscape/Mitigation Plan with Improvement/Maintenance District(s). HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO.CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFFRIATE Page 11 Under this HONEST City Process and watchful eve of the Deputy Attorney General, the related City Attorney June 19, 1992 Grand Jury and February 5, 1993 allegations against Warner Hodgdon/RSA became Moot. This was confirmed by the DAG on April 27, 1993. The effective date of the Sterling Heights/Sterling Avenue Area SEIR City Notice of Determination filed with the State Office of Planning and Research was July 3, 1993. (See attached Certified Minutes May 24, 1993 City Council Meeting RE: The Sterling Avenue Area Improvement/Maintenance District) Planning/City Attorney November 7, 1990 Mis-Handling of Sterling Heights/Avenue used in Sworn Testimony for the January 28, 1991 Stubblefield vs. City Trial and $11.537 Million Damages: Unfortunately for the City and City Attorney, the prior November 7, 1990 mis-handling of the Sterling Heights/Sterling Avenue Area by Planning/City Attorney was used in SWORN TESTIMONY against the City in the January 28, 1991 Stubblefield Trial. By May 17, 1993 letter to the City Planning Commission the Sterling Heights Attorney, Darlene Fischer Phillips, Esq., wrote the Planning Commission of CITY HYPOCRISY for re-confirming that the 1/22/86 Dedicated Sterling Avenue Area Primary/Secondary Public Road Access should be properly constructed and to Full City Standards. This City Full-Standard Public Road Primary and Secondary Emergency Access will Cost the Sterling Heights property and other contiguous property owners (City/EDA and RSA-Secret Hollow Ranch) $1.2 Million (Improvements $800 thousand and Landscape $400 thousand). This includes 2800 lineal feet fronting 180 acres of fallow City Property, and also serves, without cost, the existing 100 homes to the west allowed to be built by the City without the required Secondary Emergency Access. The City/EDA has been formulating the Little Sand Capon Development of this unmaintained City property (180 acres) beginning January 1991 and on March 15 1992 acquired an additional 15 acres fronting Foothill Drive for $360 thousand. Proven Stubblefield Mountain Shadows and Sterling Heights Relationship to$11.537 Million Damages: RSA Volunteers City Full-Standard Access and Stubblefield requires City Sub-Standard Access: Stubblefield's east/west Rt. 330 "Mountain Shadows" Attorney is also Sterling Heights attorney, Darlene Fischer Phillips, Esq. Thus, proving my August 3, 1992 statement and letter to the Mayor and Common Council as to myself and others being drawn into the fray to SMOKE SCREEN the City Attorney's April 2, 1991 $11.537 Million Loss to Stubblefield regarding west Rt. 30 "Mountain Shadows" property (Access and Density). The July 15, 1991 City Attorney's recommended 766% Density Increase for Stubblefield east/west Rt. 330 property and east Rt. 330/City Creek Canyon 50 year Development Agreement for 480 high Density Apartments are part of the City Attorney's SCHEME, included with Stubblefield $3.4 Million Fill Material Sale to Caltrans/Contractor. Opposite to Warner Hodgdon/RSA City Full Standard access and Rt. 330 Fill Material at no cost: Opposite to the Warner Hodgdon/RSA committing in April 1989 to provide Rt. 330 Fill Material to Caltrans/Contractor at no cost, and RSA Holding Fast on December 19, 1991 for the 1/22/86 Dedicated Sterling Avenue Area City Full-Standards for Primary Access (60 foot R/W and 40 foot paving)/Secondary Access (24 foot paved R/W) and re-confirmed by the HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 0 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 ���/// RESIDENCE MAILING:329S BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-01S3 A WARNER W.HODGDON FAMILY GROUP AFFILIATE PilWARNER W. HODGDON HEART BAR RANCH,ARROWHEAD SPRINGS POST OFFICE BOX 2146 Lfl] SAN BERNARDINO.CALIFORNIA 92406 (714)881-1547 February 7, 1994 TEI.ECOPY: (714)886-9962 Mayor and Common Council ' City of San Bernardino 300 North "D" Street San Bernardino, California 92418 RE: City Baseball and Sports Stadium -California Theater CLO City/EDA Agenda February 7, 1994 RE: City and East Valley Updated Overall Physical,Fiscal and Legal Plan(s)of Development/Finance Dear Mayor and Common Council: Thank you for the opportunity to speak with you today at the February 7, 1994 City/EDA Public Meeting regarding a Sports Stadium. The Stadium Commission first presented their Report and Recommendation of Location preference on Thursday, December 2, 1993; i.e.: THE NATIONAL ORANGE SHOW, east of Arrowhead Avenue and west of the Twin Creek Channel. Other practical considerations were; (1) the SBCT&FCG Land west of Rt. 215 at the Auto Center, (2) "E" Street between the two Malls, and (3) Rancon Area Waterman Avenue. From reading The Sun Sports Article dated January 25, 1994 I learned that this matter would be publicly discussed further as part of the February 7, 1994 City/EDA Agenda. The article was titled: "MAYOR: "STADIUM'S CHANCES 50-50", Quote: "Mayor Minor said Sunday he believes the chances of San Bernardino building a 5000 Capacity baseball stadium in time for the 1995 season are "a 50-50 shot". Minor said a ballpark is not the tog pr' r' for his fillancially straop City_"But it's one of the top ones. We want to get moving on this because time is of the essence." Mayor Minor made a Major League acknowledgment in The Sun Article when he recognized that San Bernardino is a FINANCIALLY STRAPPED CITY. The December 1, 1993 Stadium Commission Report recognized that the Minor League Class A Baseball Team use is only 20% of the year, maintenance/operating cost is $200/300 thousand annually and therefore City Funds and/or Private contributions for the $5-8 Million ± Stadium Facility, including 1600 car parking, are required. I speak to you with reasonable humility, but with deep knowledge of the City's Socio/Economic history, future, prior Plans of Development, Plans of Finance and including Sports Recreation/Special Event Facilities. Through 1967-1975 I have served in various capacities, including Chairman of the Redevelopment Agency, Financial Consultant-Projects Coordinator for the Public Safety/Civic Center Joint Power Authority(s) and Chairman of the Economic Council etc.. During an approximate seven year period I worked representing the City and related Public Entities in equivalent to Full-Time without pay, paid my own expenses and/or contributed back far more than any consultant earnings. My family contributions are approximately $10 million to the City and Local Non-Profit Entities; i.e.: YMCA, YWCA, Regional Little League and Shandin Hills Public Golf Course/Blair Park in 1985 etc. HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 0 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 ���/// RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFFMIATE Page 2 I believe the NUMBER ONE TOP PRIORITY in the City and East Valley today is an updated Overall Physical, Fiscal and Legal Plan(s) of Develop men t/Finance. The last was formulated and adopted by the City, EDA and County for 1958-1980-1985; this included State, Federal, Caltrans, Airport facilities, with California Theater, new Performing Arts Center, Sports Recreation, Orange Show Asset and Transportation emphasis. In 1989 I assisted in structuring the interim $35 Million City/EDA Plan of Finance as a bridge to allow time for the needed update. The prior 1967-1975 long term RDA Project(s) Development and Plan(s) of Finance were the financial foundation of the EDA that has sustained the City from 1975 to this time. However, we cannot capitalize on this areas "World of Opportunity" without knowledgeable, experienced and comprehensively prepared actions to change the present uncharted deteriorating course. One part at a time, without knowing the sum parts of the whole, will not work. The major overall need is by far to severe for childlike analogy of one step at a time. First we must face the total negative side of our economic battery or the positive side by itself will never start or work. Just a few on-going sincere community concerns are exampled by the following. In December 1988 we viewed the 27,000 Direct and Indirect Job loss, 39,000 population out migration and socio/economic impact Loss of$1.8 Billion by NAFB closure being announced. In April 1991 we read that Stubblefield "Mountain Shadows" was awarded$11.537 Million Damages Against the City by a Jury. In November 1991 we viewed another east valley Wal-Mart Deal scrutinized by a Doggie Pooper Scooper. In 1992 we viewed the making of a "Mountain out of a Manhole" plot at Sterling Avenue. In 1993 we viewed the Rancon/Central City battle of the "High Rise Buildings" and the pitting between the two Malls, all over poor planning and after the fact. November 1993 brought the view of losing 800 jobs at Roger's Bindery, City/EDA $4 Million interim loan with Dukes and Dukes $18 Million Residential Capital Investment west of Medical Center Drive and the City/EDA $8.5 Million Loan Guarantee approved by the City/EDA for the Community Hospital Board of Directors. Ending 1993 we viewed the expansion of Indian Bingo and Wounded Eagle takeover challenges to the Norton IVDA/Airport Authority "Last Stand" for not producing 1988-1994 replacement Jobs. A view of 1994 includes the threatened closure of the Civic Light Opera, an East Valley Cultural Cornerstone for 47 years. To prove my point that the overall area is in crisis, the most enlightening news article I have ever read in our City summed it all up factually on January 10, 1994 and titled; "S.B. Grant would add 23 officers" Quote: "It amounts to a bleak portrait,but that's what is needed to win federal help,said acting Police Chief Wayne Harp". The Sun article's statistics carry those from a 1992 FBI Report that; (1) the City is first in the State and 13th in the Nation for Crime, (2) in 1993 the City had the highest murder rate in the State, (3) more than 2,100 gang members belong to 10 major gangs that have made an exodus from other Cities to ours, including 874 parolees and 174 fugitives, (4) the City's Tax Base can not support a major increase in the police budget, which now takes 42% of the total City Budget and (Fire takes another 18%), (5)Welfare is 34% and Unemployment/Disability is 17% and, (6) a major support for the Federal Grant to hire 23 officers is defended by the City's major business closures and Job Loss. I have constructively addressed these and other issues for the Official City Record in this letter and my letters to Mayor Minor and the Council dated November 1, 1993, December 14, 1993 and December 15, 1993 RE:, but not limited to, the Sterling Avenue Area City Obligations, City/EDA/IVDA Wal-Mart/Stubblefield $5.4 million impact Cost/Loss, Roger's Bindery City/EDA $500 thousand Relocation Assistance Inducement for 800 Jobs, City/EDA $4 Million interim loan with Dukes and Dukes $18 Million Residential Capital Investment, the City/EDA $8.5 Million HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 \ / HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO.CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 924G4,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 3 Community Hospital Board Loan Guarantee, Stubblefield $11.537 Million Court Damages against The City, and the Baseball Commissioners $5-8 Million± Sports Stadium recommendation. (See attached November 1,1993 and December 14 and 15, 1993 letters by Warner Hodgdon to the Mayor and Common Council) Accordingly, by my January 8, 1994 letter to Mr. Penman, City Attorney, I address, but not limited to, the January 5, 1994 Article, titled; "S.B. City Attorney could save $500,000, audit suggests: S.B. City Attorney Penman feels Vindicated". The City still faces multiple lawsuits in the Superior and Federal Courts, without knowing the outcome, the total Damages asked for Violation of Civil Rights and No Due Process are approximately $50 Million. Irrespective, the $500 thousand annual savings to be produced by the City Attorney's Office, and supported by the December 29, 1993 Management Audit, will Amortize Bond Funding for needed City Capital Improvements of approximately another$8-10 Million. (See attached January 8,1 994 letter by Warner Hodgdon to James F. Penman,City Attorney) The Summary excerpt of my November 1, 1993 letter to the Mayor and Council is attached hereto. My constructive thoughts of support and consideration of a Sports Stadium Facility is part of my December 15, 1993 letter to Mayor Minor and excerpt thereof is attached. (See attached Summary Excerpt of Warner Hodgdon November 1, 1993 letter to the Mayor and Common Council) (See attached Sports Stadium Facility Excerpt of Warner Hodgdon December 15, 1993 letter to Mayor Tom Minor) Certainly I understand, as well as the members of the City Council, City Staff and Citizens what it's like to be financially strapped. The Mayor courageously admitting in The Sun that the City is financially strapped too puts everyone in the same Ball Park. I know the Council as well as myself and others are tired of watching Sand Lot batting practice and hitting nothing but foul balls that exemplify the changing character of the City today. We must all immediately be concerned of the equity Loss of Value in every Citizen's Home and business capital investment being eroded away by our deteriorating ity which is in Socio/Economic imbalance. Without a City and East Valley updated Overall Physical, Fiscal and Legal Plan(s) of Development/Finance the continued piece meal approach will pull us down completely, like the underwater barnacles sink an empty boat. I love this community with all my heart and soul, and have given my all for years. To cope with a Global International Economy, we must all work together to clean up our own house for everyone to reach the City and East Valley's "World of Opportunity". It's time for a few Home Runs. Even Babe Ruth wasn't perfect, but his abilities caused the need for the Stadiums to be built and made the attendance of the Game an American Institution. The City and the East Valley can not afford to loose any more time or Jobs, everyone needs to team-up and PLAY BALL on a Major League level. Sincerely, Warner W. Hodgdon CC: Shauna Clark,City Administrator James F.Penman,City Attorney HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 OHEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 ����YYYY A WARNER W.HODGDON FAMILY GROUP AFFMIATE Except from Warner Hodgdon letter to Mayor Tom Minor, December 15, 1993 I. City Baseball and Sports Stadium Comments to Mayor Minor: As a separate City matter, thank you for asking my comment as to the proposed $5 Million ± Baseball Stadium Alternatives for City/EDA Capital Investment outlined in the Thursday, December 2, 1993, 7:30 AM Stadium Commission Presentation and Report. I would have not commented had you not asked because of having no prior review of the Commission's December 1, 1993 Report or Presentation. Super Block and Sport Stadium Funding Conduit: However, of the five City/EDA alternatives the Sports Stadium Capital Funds ($5 Million) being derived through the 5% unrestricted Bond Proceeds added through the Super Block $100 Million ± Bonds was a innovative Finance conduit. I did note from the brief review of the Report that the 1600± Auto Parking, lighting, landscape, Off-Site Streets Improvement(s) Costing a minimum of $2 Million ± was not included, and that the Facility Operating Revenue/Expenditure Pro-Forma will be prepared at a later date. Class A Ball Team 20% Effective Use: The Spirits Class A Ball Team has approximately 70 minor league home games or 20% effective use of the facility on a 365 day year basis. Their specific commitments were not outlined in the Report. Never-the-less the Commission felt the Operation(s) Shortfall would be in the $200/300 thousand range annually and in addition to the City/EDA 5 Million ± Capital Bond Amortization and Parking/Access Improvement Cost Amortization. Commission's Recommended Location: I am very familiar from ownership with various Multi-Use Sports/Recreation Facilities, (Horse/Auto Tracks, Special Events, and others) and the related Public and/or Private Operations, Promotion and Financial Economics relative thereto; i.e.: Riverside/Ontario International Speedways, Shandin Hills Golf Club, Nashville, Phoenix, Richmond etc. Your acknowledged support to the City Baseball Commission of the Spirits Class A Ball Team and Sports Stadium facilities is very commendable, including substantial added private contributions therefore. The Commission's primary recommended site location is east of Arrowhead Avenue and west of the Twin Creek Channel on National Orange Show Property. (See attached Montage of Warner Hodgdon/National Engineering Company Racing Facilities and Special Events) (See attached Shandin Hills Golf Club Photo with Central City Background) Existing City Sports and Park Recreation Facilities: Contributions: Perris Hill, Blair Park, Shandin Hills: Perris Hill Park land, which also accommodates the existing Spirits Team Ball park was an early 1900's construction. The City's own Parks and Recreation October 12, 1993 Report to the Stadium Commission speaks for itself. This stadium has many City Sub-Standards i.e. parking, seating, temporary concessions/restrooms, crime and neighborhood nuisance. Relocation of this obsolete facility in the mid 1980's and City/EDA acquisition of the abandoned Gasoline Facility HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 \ / HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO.CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFFILIATE (Junk yard) to the east would have allowed expansion of American Express from 350 to 500± employees. Expanded parking reuse would have accommodated Perris Hill Park and Bowl activities as well as retention of the employment base to support existing Highland Avenue Retail, Commercial, Food and Neighborhood Capital Investment Base. The result being that in- action forced the original Sports Team move to Rancho Cucamonga and American Express/General Electric Mortgage relocation of 500 business related employees to an Industrial Park. This left the Highland Avenue Area Central Corridor with added major overall economic instability. Blair Park and Shandin Hills Golf Club: The Stadium Commission's Report spoke of private contributions to pay for the facility. My family's land and capital contributions toward Blair Park, Shandin Hills Golf Club and Rt. 215/30 Enhanced Environmental "Green Belt" Access to the City and State University alone far exceeded the Commission's current Reported Baseball Stadium cost projection of $5 Million. It is my understanding from recently viewing the Community TV that the City/EDA positive Cash Flow of $300/$400± thousand annually from the City/EDA Golf Club is now being used to supplement the City Budget in order to Trim the overall City Parkway Trees, current deferred maintenance etc. If the City/EDA does not adhere to the Standards of maintenance required by the Operating Lease Agreement of the Golf Club it too will have diminishing Presence Value and diminishing Public Revenues. Historically existing Public/Private Recreation Golf Courses increase in value with the maturing of trees, increased replacement Capital Cost and an economically growing community market area. New City Sports Recreation Facilities: Forest Creek Greens and Sports Resort Rt. 330/City Creek Canyon: New City Sports Recreation Facilities require a long-term comprehensive overview. As you know we have been working toward a similar Scenic Drive Rt. 330/City Creek Canyon facility North/South of Highland Hills named "Forest Creek Greens and Sports Resort". This Rancho San Andreas North Plans of Development was considered and designated the Preferred Land Use grandfathered and incorporated into the July 3, 1989 Updated City General Plan/FEIR and July 3, 1989 City/Superior Court Approved City/Highland Hills Homeowners Association Settlement Agreement. The 60 month Capital Investment Build-Out is projected to ' be $225 Million and will generate over 6000 direct and indirect "Jobs". (See attached October 25, 1993 Rancho San Andreas North/South Schematic Perimeter Outline Plan) (See attached Rt.330/Highland Avenue Area Wal-Mart and Forest Creek Greens and Sports Club Illustrative Aerial) Regional Access and Sports Recreation Facility "Presence Value" Please keep in mind while determining the new Baseball and Sports Stadium location that long term successful Sports/Recreation facility Revenues all require Regional Access "Presence Value" and high standards of maintenance for continued Positive Cash Flow and Profitability. City Full-Standard Access (curb, gutter, sidewalk, lights, landscape, trees, irrigation, parkways, etc.) are added pre-requisite "Presence Values" to all City/Private Capital undertakings to Generate Public Revenue Resources i.e.: Sports/Recreation Facilities, Commercial, Retail, Industrial, Airports and most importantly to the largest Public Revenue Producer of all, existing and future Residential Neighborhoods (Ad Valorem Tax, Related City/Franchise Service Fees-Sales Tax, and Utility Tax). HERTrAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFFILIATE City Retention and Reinforcement of Economic and Employment Growth, "Quality of Life": Without a viable "Job Base" and well maintained Socio/Economic Neighborhoods, there is no "Quality of Life" foundation for retention and reinforcement of economic and employment growth. Thus a diminishing "Job Base" to support existing and other long term Public/Private undertakings, including a Baseball and Sports Stadium Recreation Facility; i.e.: Norton AFB 1988-1993 Closure process has resulted in Losses of 27,000 Direct and Indirect "Jobs", Population out-migration 39,000 and $1.8 Billion Economic Impact Loss with no secured replacement "Jobs" in a five year period (1988-1993). The Norton fallout and spreading effect is now being felt in diminishing Home Values, Business Revenue, Newspaper Revenues, Orange Show Off Track Para Mutual Revenues, Sport Ball Team Revenues and even the Civic Light Opera. City and East Valley Overall Physical, Fiscal and Legal Plan(s) of Development/Finance: The number one top priority in the City and East Valley today is an updated Overall Physical, Fiscal and Legal Plan(s) of Development/Finance. The last was formulated and adopted by the City/EDA/County for 1958-1980-1985; this included State, Federal, County, Caltrans facilities with California Theater, Performing Arts Center, Sport Recreation, Orange Show Asset and transportation emphasis. We cannot capitalize on this area's "World of Opportunity" without knowledgeable, experienced and comprehensively prepared action to change the present un- chartered deteriorating course. The City can't afford to loose any more time; everyone needs to team-up and "Play Ball" on a major league level. Thanks to the Stadium Commission for their efforts. HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 924G4,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFRUATE Page 17 Excerpt from Warner Hodgdon letter to the Mayor and Common Council, November 1, 1993 SUMMARY: Wal-Mart/Interim Land Owner should not have been rewarded with Multi-Million Wind Fall Profits: Conceptual "Up-Grade" Architectural/Landscape treatment Illustrative Aerial Renderings to enhance the Wal-Mart Development Design were provided by RSA (Warner Hodgdon) to the City and Councilman Maudsley by February 26, 1992 Letter Report Book. The City Administrator had deep concern as to the Overall City Impact Cost/Loss and sterile Quality of Wal-Mart structures in other communities. The purpose of the Wal-Mart Village Illustrative renderings prepared for the City by RSA (Warner Hodgdon) was that in the event the project was approved with the represented 1991 City/EDA $550 thousand subsidy and Non/Limited Access cost waived and/or circumvented, but now both grown to $2.43 Million ±, the City could prudently require the Developer to create a "Quality Designed Project". However, these City/EDA subsidy funds and other inducements were used for the Interim Land Owner MULTI-MILLION WINDFALL PROFITS leaving town and the resulting Sterile Buildings, poor landscape and equipment scattered flat roofs to be viewed from the Rt. 330 Scenic Drive, existing "Mountain Shadows" Residential/Mobile Home owners, Sycamore Heights, Carriage Hills and the future Highland Hills quality developments. In other words, the City/EDA/City Attorney were apprised of how to make an honest "Good Deal" they choose to GLORIFY themselves for the sake of MAKING A DEAL and in doing so made a pre-scrutinized sucker out of their Council Peers, Local Citizens and Business. City Attorney's July 15, 1991 Recommended Stubblefield 766% Density Increase/Apartments Inconsistent to the City July 3, 1989 Updated General Plan/FEIR and Inconsistent with the City Approved July 3, 1989 Highland Hills Homeowners Association Settlement Agreement: Also incorporated within my February 26, 1991 and January 10, 1992 Letter Report Books to the City was my related September 5, 1991 letter. This letter related to the contiguous Stubblefield Mountain Shadows $11.537 Million Damages against the City and July 15, 1991 Stubblefield 766% Density Increase and Highland Avenue Commercial Benefits recommended by the City Attorney; including the Wal-Mart Development Agreement PITFALLS to the City/EDA of creating Interim Land Owner WINDFALL PROFITS from the City/EDA paying the Highland Avenue Area Improvement Cost with other needed Project Area Funds. Currently Wal-mart/Stubblefield have received City/EDA Highland Avenue Area Improvement amounting to $1.2 Million ±. HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFFR.IATE Page 18 My letter also pointed out that the City Attorney's July 15 1991 recommended Stubblefield 766% Density Increase, including, 480 high Density Apartments at east Rt. 330/City Creek Canyon 20 acre property was inconsistent with the City updated General Plan and FEIR effective July 3, 1989, and that it was also inconsistent with the City approved July 3 1989 effective date of the integrated City/Highland Hills Homeowners Association Settlement Agreement. Rancho San Andreas North (RSA) Highland Hills Resort Golf Course with no multi-family is immediately contiguous to Stubblefield. The "Mountain Shadows" and "Highland Hills" Homeowners had previously opposed the 1986 Stubblefield proposed 492 Mountain Shadows Apartments and December 1987 Planning/City approved Highland Hills Apartments of others. Subsequent with RSA working with the neighborhood homeowners, Rancho San Andreas North (RSA) Highland Hills Plans of Development were considered and designated the Preferred Land Use Grandfathered and Incorporated into the July 3, 1989 Updated City General Plan and FEIR. RSA upholds Informed Giving to the City and Not Hidden Taking: Copies thereof were forwarded to the City Attorney's Office for his purview and response to RSA request for clarification, to which they would not respond, but not limited to, the City Attorney's recommended; (1) Stubblefield July 15, 1991 Density Increase (123 DU's to 793 DU's), (2) Highland Avenue/Storm Drain Improvements, (3) Stubblefield Waved Development Impact Fees, (4) Stubblefield Multi-Million Dollar Scheme for Rt. 330 Fill- Material Sale to Caltrans/Contractor, (5) Stubblefield 480 high Density Apartments at east Rt. 330/City Creek Canyon, (6) Stubblefield City Initiated General Plan Amendment, (7) Wal- Mart Development Windfall Profits, (8) Highland Avenue Non-Access and Limited Access Cost to Wal-Mart Development, (9) Wal-Mart City General Plan Amendment(s), (10) Related City and Superior Court approved July 3, 1989 City/Highland Hills Homeowners Association Settlement Agreement at No Cost or Loss to the City, (11) Stubblefield $11.5 Million Damages being "Grossly Excessive", and (12) the September 5, 1991 Warner Hodgdon letter forwarded to Councilman Maudsley and the City Attorney for the City Record requesting City clarification of their July 15, 1991 actions stated; Quote: "Because of lack of communication or any notice from others and the ambiguous way the July 15, 1991, City Council Agenda Item 38, July 23, 1991 and August 22, 1991, News Articles reported same, RSA Company felt that I should write you this letter for the City Record and requesyarification. 1 am sensitive to these current City Actions and realize they may have been brought about by trying to face the STUBBLEFIELD CHARGES AND ATTACKS ON THE CITY. When the July 15, 1991, City Initiated General Plan Amendment becomes correctly understood by the Press, the Public and residents in the area, hopefully even greater litigation will not be caused. RSA Company is most anxious to help and as always remains constructively motivated by our family's committed belief. that INFORMED GIVING and not HIDDEN TAKING is to the mutual best interest of everyone." (See attached July 23, 1991 Article,"S.B.will rezone tract to halt Stubblefield Trial") (For reference: See Warner Hodgdon February 26, 1991 and January 10, 1992 Letter Report Books and Photologs RE:Wal- Mart City/EDA Cost$550 thousand) (See attached August 22, 1991 Article,"S.B.handed$291,164 bill in court fight against developer") Stubblefield should not be Rewarded for Inept Handling of $11.537 Million Damages: HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 QHEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO.CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 9240-4.(714)883-0153 W A WARNER W.HODGDON FAMILY GROUP AFFRIATE Page 19 Stubblefield should not be rewarded for the City Attorney's inept handling of the April 2 1991 Stubblefield "Mountain Shadows" $11.537 Million Damages Against The City, and by the City now; (1) giving/allowing east/west Rt. 330 Sub-Standard Primary/Secondary Access, (2) accepting 50 year Stubblefield Development Agreements therefore and the City also accepting the Deficiency/Maintenance Cost and other liabilities thereof, (3) Highland Avenue Area Improvements giving/allowing City/EDA $400 thousand cost without reimbursement, (4) City Special Sub-Standard Primary/Secondary Access Development Code Amendment Legislation, (5) reduction of City Development Impact Fees (Multi Millions), and (6) west Rt. 330 44 acre Borrow Site and 500 thousand cubic yard ± to $2.5 Million Grading Plan schemes for unneeded Caltrans/Contractor Rt. 330 Fill Material sale, which in truth was for 80 underlying Mobil Home Lots not in compliance to the July 3, 1989 Updated City General Plan Hillside Management District, and west Rt. 330 Frontage Road Sub-Standard Primary Access without Full-Standard Improvements. RSA-Secret Hollow Ranch Sterling Avenue Area and Highland Hills Curtailed by City Attorney; but Sworn Testimony used in Stubblefield $11.537 Million Damages Trial: Accordingly, and beginning December 19, 1991, RSA has also been curtailed by the City Attorney, but not limited to, from being allowed the Titled and recorded Full-Standard Primary/Secondary Access to the Dedicated 1/22/86 Sterling Avenue Area. The former owner, Arrowhead Service Corporation was informed that the November 7, 1990 Planning/City Attorney handling of Sterling Heights/Sterling Avenue Area had Vacated their prior titled access this was later proved not to be true. The Planning/City Attorney's November 7, 1990 Mis-Handling of the Sterling Heights Tentative Map and attempt as part thereof to vacate this Dedicated Full-Standard Public Access for realignment by Sub-Standard Private Easement Access was used in the Stubblefield January 28, 1991 $11.537 Million Damages Trial. As further curtailment, but not limited to, on June 19, 1992 Warner Hodgdon/RSA allegations were made by the City Attorney for Massive Grading and Tree Removal within the 1/22/86 Dedicated Sterling Avenue Area and RSA-Highland Hills for roads, curbs, gutters, infrastructure (drains, pipelines, reservoirs) for House Lots and Apartment Pads. RSA did no such activity and the City Attorney's actions have curtailed RSA causing great Damages. City Attorney and Councilman Maudsley informed Widmeyer "Patton Hills and Stubblefield "Mountain Shadows" Massive Grading and Infrastructure Construction: Yet in truth, before December 23, 1991, Stubblefield had done the east/west Rt. 330 "Mountain Shadows" 283 acre Massive Grading and Infrastructure Construction (roads, drains, pipelines, reservoirs, Small Canyon Streambed); including by June 1992 the Bull- Dozing of Thousands of Boulders, Tons of Material, Debris, Trees and Stumps into the City Creek Canyon Streambed. These Stubblefield existing unpermitted activities are parallel to the existing and contiguous Widmeyer "Patton Hills" Massive Grading and Infrastructure Construction completed by September 1992. A major portion of these unpermitted actions were revealed to Warner Hodgdon (RSA) by Councilman Maudsley on December 23, 1991 and the City Attorney informed Warner Hodgdon of them on February 11, 1992. Councilman HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 IT RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 ����VVVV A WARNER W.HODGDON FAMILY GROUP AFMIATE Page 20 Maudsley lives on Palm Crest Drive directly across from both Stubblefield and Widmeyer unpermitted Developments. Stubblefield "Mountain Shadows" Mobile Home owners held as Economic Hostages while the Wal-Mart Deal Siphons Windfall Profits out of the City: While the Stubblefield "Mountain Shadows" Mobil Home owners are held as local Economic Hostages by Stubblefield unconscionable and sophisticated lease agreements, Multi-Millions to the out-of-town Interim Land Owner in WINDFALL PROFITS have been siphoned out of the City by the November 6, 1991 Wal-Mart Development/Highland Avenue Area Agreements alone. This includes, but not limited to, the $1.2 Million ± City/EDA improvements Cost/Loss give-a-way, $550 thousand Deferred City Time Payments for Wal- Mart Development Impact Fees and the $1.2 Million ± Highland Avenue "Access Benefit Price" for the Non-Access/Limited Access Development Land "Added Value" thrown in by the City, on what little the Wal-Mart Developer/Land Dealers had to pay the City. City/EDA/IVDA Impact Cost/Loss $5.4 Million ± from Wal-Mart/Stubblefield Deal: On October 21, 1993 the City/EDA approved another $11 thousand Change Order addition to the $1.2 Million Wal-Mart/Stubblefield Highland Avenue Area Improvements on the consent calendar and without Public Comment. Ironically the Stu bblefield/Wal-Mart property fronting these Highland Avenue City/EDA Improvements are in the IVDA Redevelopment Project Area. The major Wal-Mart Development buildings are not within the IVDA Project Boundary and no boundary adjustment was provided by the City Attorney in the November 6, 1991 Wal-Mart Development Agreement to capture these added IVDA Incremental Revenues ($3.12 Million) needed to Off-Set Norton Job Loss and/or the City/EDA improvement cost reimbursement ($1.2 Million ±) to the financially strapped City Redevelopment Project Areas. The resulting total City/EDA/IVDA Impact Cost/Loss is $5.4 million ± not including the Wal-Mart Deferred City Development Impact Fees of $550 thousand over a four year Time Payment Plan. Roger's Bindery Commitment to remain in San Bernardino was induced by City/EDA Relocation Assistance: 800± Jobs with $10 Million Payroll: Local Businessman Threatened Foreclosure by City/EDA with no Valid State UCC Filing: At the same October 21 1993 City/EDA meeting approving another $11 thousand for Wal Mart/Stubblefield $1.2 Million Improvements paid for by the City/EDA a life long local businessman employing 800+ people at Roger's Bindery with a $10 Million Payroll was threatened to be FORECLOSED on for being behind $56 thousand in reported City/EDA Relocation Assistance payments. It is my understanding that the original 1983 City/EDA action was to be a full Relocation Assistance Inducement of approximately $500 thousand for Roger's Bindery to remain and expand Job Payroll in the City Project Area. City/EDA Relocation Assistance Inducement: HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-01S3 A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 21 Irrespective, Roger's has accrued in pay-back payments to the City/EDA of principle ($50 thousand ±) and interest ($250 thousand ±) for the total approximate amount of $300 thousand. Even this equation leaves a balance of only $200 thousand ± to the City/EDA now questionable loan. There is substantiation to the 1983 understanding of City/EDA for full Relocation Assistance Inducement without interest/principle reimbursement. The City Attorney's Office, acting as Legal Counsel to the City/EDA, must have recognized this, as they no longer continued required or make the applicable equipment collateral State UCC filing covering the City/EDA Relocation Assistance Inducement. To this the City/EDA now desires Mr. and Mrs. Imbriani to sign personal guarantees for City/EDA 1983 Relocation Assistance balance, that it appears they do not owe. City/EDA Consistency to Windfall Profits and Priority to Relocation Assistance Inducements: To be consistent the Council and the City/EDA Commission should take positive action to have the City Attorney stop and recapture the City/EDA Multi-Million Dollar improvement and other cost, used for WINDFALL PROFITS given away to the out of town Intenm Land Owner and Wal-Mart/Stubblefield Development, and/or get personal guarantees for repayment thereof, including $550 thousand deferred City Development Impact Fees. These recaptured funds could be used to assist long committed Local Business Owners. IN FURTHER PERSPECTIVE to Roger's Bindery 1983 City/EDA Relocation Assistance Inducement and City/EDA participation, the City/EDA/IVDA recently approved a signed Agreement to the U.S. Government offering $100 Million ± for Relocation Assistance Inducement to obtain 4000 accounting office jobs to come to town on a 5 year Guaranteed Lease only. Roger's Bindery has been a LOCAL Company in business 27 years with 800 employee and $10 million payroll. In Ratio, Roger's Bindery should be given the same equal treatment as offered to the U.S. Government, under the same employee Ratio Roger's Bindery would be offered $20 Million, not threatened to close the firm down because the City/EDA fails to recognize their 1983 committed Relocation Assistance Inducement payment of $500 thousand, which has been voluntarily paid down by Roger's Bindery to approximately $200 thousand ±. Roger's Local Transportation Cost and City/EDA Investment Property and Utility Taxes: The Roger's Bindery 1983 commitment to stay and expand in San Bernardino was at the price of also facing major added future transportation cost in the monthly $50 thousand , range. This is required because their major finished product distribution is in Orange and Los Angeles Counties. In addition to the questionable Relocation Assistance principle and interest payments of $300 thousand ± voluntarily paid by Roger's Bindery to the City 1983-1993 Roger's Bindery has paid hundreds of thousands of dollars to the City/EDA for Project Area Incremental Property Taxes and Utility Taxes. It is my understanding this now equates to approximately $100 thousand ep r year in 1993. The City/EDA watched the related U.S. Regional Post Office with 1500 employees move from South E Street San Bernardino to a new Multi-Million dollar facility in Redlands and since expanded. Gross Revenues are $550 Million ±, of which Roger's Bindery supports $140 Million thereof. A reasonable case could be made that without Roger's Bindery City/EDA 1983 Relocation Assistance Inducement for consolidation and expansion in the City/EDA project area, the new Regional Post Office may never have been built because without Roger's $140 million Postal Revenues generated the Regional Post Office would have operated at a Loss. HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 22 Norton Direct and Indirect Job Loss 27,000 and No Re-Placement Jobs: The City/EDA/IVDA has watched from 1988-1993 27,000 Direct and Indirect Jobs Leave Norton AFB with $1.8 Billion Economic Impact Loss. After the fact the City/EDA/IVDA offered $100 Million to the U.S. Government for replacement of 4000 Jobs. They have currently spent over $11 million, while not confirming one replacement Job as yet. Roger's Bindery knows it business, it is only short of Capital caused by growing pains and Customer Failures effected by the Poor National Economy. City/EDA should not be shortsighted: The City/EDA should not be short sighted and run good local people through the public ringer and Community TV Channel for needless political purposes, and lack of City/EDA know how that could result in the demise of an existing viable Local Business. Rather than this unnecessary Public Display causing Roger's Bindery to lose business, Roger's Bindery should be offered a well thought out City/EDA Development Agreement structured for the reinforcement of the approximate 2300 Direct and Indirect existing Jobs effected over the long term. Roger's Bindery has struggled to stay in town and not leave; while Multi- Million Dollar Windfall Profits are thrown away by the City/EDA to out of town Pirates for $50 Billion Wal-Mart; and without personal wife and husband guarantees or thought of ever returning it. John Dukes California Street/Medical Center Drive Area Capital Investment $18 Million: City/EDA Community Hospital $8.5 Million Guarantee and $50 Million Capital Investment/300 Jobs: $18 Million Capital Investment and thousands paid to City/EDA Incremental Project and Utility Taxes: The John Dukes and City/EDA project loan matters in the related West California Street and Medical Center Drive Redevelopment Project Area were also discussed at the October 21, 1993 City/EDA Meeting. In perspective, Mr. Duke's development's Capital Investments have reached approximately $18 Million ±. These projects have greatly improved the quality of the area by 300 DU's ± and generated major City/EDA Public Revenues in terms of Project Area Incremental Property Tax and Utility Taxes alone. City/EDA $8.5 Million Relocation Inducement and Guarantee: More importantly, the City/EDA has just approved a November 1993 $8.5 million Loan Guarantee for the construction of a new Community Hospital Professional Building. The building is required as RELOCATION INDUCEMENT to have Physicians relocate their offices to the area and is vitally essential to support the Hospital's Economic present and future Economic Viability. Mr. Duke's previous years of hard work and commitment, at the encouragement of the City/EDA, has greatly encouraged the economic viability of this overall California Street and Medical Center Drive area. Thus creating a major environmental improvement to preserve the present and future resources to pay the existing $50 Million ± Community Hospital Debt Service, it's related hundreds of Jobs and new $8.5 Million Professional Building. The City/EDA Legal Counsel is the City Attorney, he did not suggest or HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 IT RESIDENCE MAILING:329S BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 ����yyyy A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 23 require the personal HUSBAND AND WIFE GUARANTEES of the Hospital Board of Directors and Chief Operating Officer as part of their November 1993 $8.5 million requested Loan Guarantee from the City/EDA. In a productive perspective, Mr. Dukes and the City/EDA have worked together and more than paid their way by creating the $18 Million ± California Street and Medical Center Drive Area upgraded Residential Developments. What possible perspective could this be given in poor light compared to Multi-Million Windfall Profits thrown away by the City/EDA to out of town Pirates for $50 Billion Wal-Mart. The Sun's November 14, 1991 Editorial Scrutiny is Correct: Everyone agrees with the principle of The Sun's November 14, 1991 Editorial Staff's observation and "Pooper Scooper" Editorial cartoon depicting the City Attorney's Wal-Mart "Good Deal" Scrutiny. However, I believe the Council and Public should also carefully SCRUTINIZE these various City/EDA Development Agreements, including any future Settlement Agreement for the Stubblefield $11.537 Million Damages against the City before and after the City Attorney's further recommended approval(s). I have long admired the City Attorney's Qualities, which include years in working at the West Side Home of Neighborly Services on Mt. Vernon Avenue, going concurrently to the San Bernardino State College in the 1970's, graduating from Western Law School, passing both the Baby Bar and the California State Bar examinations to enter practice in the early 1980's, rise to his mid-1980's present position and strategy for perspective higher office beyond. Closed City Council Sessions are not for the City Attorney�yone else to hide "Bad Deals". Lets all work together openly, with knowledgeable minds. The City does not need costly Political Wheeling and Dealing, with the blighted deterioration of the overall City left behind, but honest Good Deals that help everyone and creates some Jobs. Deteriorating Neighborhoods and the City cannot Sustain Police/Fire 60% of Budget Cost: Productive Focus to well manage the existing residential neighborhoods before they are all lost and retention of the Job Base are essential. To combine this with the overall residential Quality of Life for the entire East Valley Community Area(s) growth is the required long term foundation for New Jobs and the appreciation of every Business, existing and future Citizen's Home Equity Values. Residential neighborhoods are the largest single personal capital investment and generation of Public Revenue Resources, i.e. it is good neighborhoods that retain existing Jobs and encourage New Jobs. If this neighborhood deterioration is not addressed immediately, government cannot hire enough Law and Fire Enforcement or even sustain the pay for those now equipped for service. The City Police and Fire Cost are 60%±of the total City Budget. My family's Community Interest concerns are to the total picture of accumulative negative effects occurring within the City, their drain on limited City Budget Resources and HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 IT RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 24 curtailment of future Public Revenue Resources. An updated City Overall Physical, Fiscal and Legal Plan(s) of Development is pre-requisite to Promote Capital Investment and Long Term Positive Result. We stand available to receive your call response or to meet with you and others in Productive Focus. Sincerely, Warner W. Hodgdon CC: Mayor and Common Council Shauna Clark,City Administrator James F. Penman,City Attorney Al Boughey,Director of Planning and Building Services HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 > RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 924G4,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFFILIATE //z s/9� Mayor: Stadium's chances 50-60" gyPAULOBMUERag existing stadia elsewhere in the to front the money (for a stadi-+ Sun Sports Editor country. um)." " A,committee appointed by Mi- Estimates at the expense of a Mayor Tom Minor said Sun- nor recommended a tract on the 5,000-capacity ballpark are In they day he believes the chances of grounds of the National Orange $5 million range, with the price.' San Bernardino building a 5,000- Show as the most economical site tag perhaps doubling ifland must capacity baseball stadium in time for a stadium that would house be purchased. for the 1995 season are "a 50-50 the San Bernardino Spirit of the Minor said a ballpark is 44 shot" Single-A California League. the top priority for his ffnanc 4W, Minor and his staff hope to There is strong sentiment, strapped city."But it's one ofth present the issue to the City however, for examining the top ones. We want to get movinit Council at its Feb. 7 meeting, a . south-of-downtown site. That on this because time is-of the ee two-week delay from today's orig- site,however,probably would en- sence." inal target date. tail significant investment for the Spirit officials have said the Minor and others cited two purcbme of the land from various franchise likely will be moved if a; reasons for the delay. private and corporate entities. new ballpark is not in place bye U To allow Minor to meet this The seven-member council 1995.The club will play one more two weeks ago indicated a majori- season in Fiscallni Field. week with property owners of an ty would be In favor of a new ball- "I think it's going to get: area south of Rialto Avenue and park if it were financially feasi- done." Spirit general manager. west of E Street in an underde- ble. Among the options being Jim Wehmeier said. "We remain: veloped corridor between the Ca- studied is a bond issue to be pig- optimistic." rousel and Inland Center malls. gybacked on the$100 million Su- Said Chuck Terrell,chairman n To give city staff more time per Block. "But that issue is a of the mayor's fact-finding com= to examine methods_of debt-re- long way down the.road,"said Nfi- lttee: "I think it's an 1 redibly tiremeA and multiple use at nor. "We'd need 1h find someone tritleal issue for this com unity. Catharine Hamm The Sun Asst.Managing Section B Editor/Metro Monday (909) 386-3874 January 10, 1994 Fax(909)885-8741 Metro Final Would 0 9 rant dd : M , of rice i ■ The Police Department POLICE applies for$1.9 million of a ing 174 fugitives. program to fight crime. Some 42 percent of the city's By RICHARD BROOKS general fund goes to the Police Sun Staff Writer Department and its 256 officers. "Despite the fact that most of High crime rates and the lin- our personnel are deployed in pa- gering recession may help San trol-related functions,it is not un- ' Bernardino snag a $1.9 million common for our calls for service federal grant that would put 23 to back up 30 to 40 calls on the new police officers on the street. weekends because of the violent "In the FBI Crime Report of crime within our city."In some extreme cases 1992,San Bernardino was ranked first in the state and 13th in the patrol officers have handled over nation with respect to crime 50 calls for service each during rates,"says the 54-page grant ap- one 10-hour shift." plication."During the first half of The city's tax base can't sup- 1993, San Bernardino had the port a major increase in the po-- highest murder rate in the state." lice budget,the report suggests. Cities throughout the nation "San Bernardino has experi- are competing for a share of the enced several major business clo- $150 million program. sures within the last.. .year and Fontana recently won a half. Our current unemploy- ment to hire five officers. A m rate is 1 percent. Even moore re t telling is the fact that our decision on San Bernardino's ap- unemployment rate has been ap- plication is expected this month. proximately twice the national San Bernardino's new officers average for each of,the past five would be hired and trained in years . . . (and) 34 percent of the , three groups, with the earliest population is on welfare." ; graduates hitting the streets in It amounts to a bleak portrait, ; November. The city's three-year but that's what is needed to win cost would be$2.8 million.At the federal help, said Acting Police end of that period, the officers Chief Wayne Harp. would be incorporated into the Increased street patrols are a department budget. fundamental factor in lowering The grant is needed because crime rates,he said. city government has done all it "About a third of (officers') can to control the crime problem, time should be available for ran- the application says. "Our in- d o m patrol. Our last stud y crease in crime over the last de- showed that less than 10 percent cade has been attributed to an - probably about 5 percent — exodus of gang members and oth- was available,"Harp said. er criminals from the city of Los The crime rate seems to be Angeles,"police wrote. leveling off statewide, but that More than 2,100 gang mem- doesn't change the bottom line, bers belong to 10 major gangs Harp said. "There's probably within the city,they said.And 874 going to be very few cities more parolees were believed to be liv- deserving of federal assistance ing in San Bernardino — includ- than San Bernardino." cq m T o,,;.a° yo.iC a o v;J y>Z �3w V 4" 0.0 � a EaC i O,E O fl5i- 03 E0�M_'P d G Vn o cO o too 00 C. .y wIIE Fwy N!•G �N C YAK OiW.' 0 yybOV E�' r-''-' o � easQ caa=v°` 'a " b9 v� C� °c o�asHO�aAaowwno°vW Id cO o O 0 u(1,ED c >'n u, ■ 0uEcao�W■w■°ow4,v■ Cd '''w V C co 07 O tiA 1..y � Od b0 aw�y .�'�w 0O3,V❑ 0— T O ttl 0 :a NvEi td CtOAmN" ''S y�`.3A. V] O E o O vxw o C pp,a o �onb o C� O yE ycowea,��`����m 5 o`oc,",caao-- yens caN,n • O yn0000n0v° owuRv uavia°i q.j p O e S. 'O TV �a _ i1-.•li ly d.C > W FO,'0y CyDw�O� ■• O xcdv ■zEw°o'�■ EOon■ OaT+�4_1E _!4.5 9 2'U'40) 6i O oo�'w C o v °'� °' O�n "nyawi �. o'0 00' 1boEc >v a � �o bd ��a � ASV w3a ❑Cd � Cd oo" C14 .0!-g.2 IQ.c d om E :07;1 0 5 xbE4'62;14 [ o ''3a oy'^yE:E! wo'dc�ya FEW I U09 Cd q m A •'� Iv i�. 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Q)V �i �0 `+ O O p 1+� cd to G 0 Ow 4; 0) ca Q).O 4)4= W, C's0N,4 ° O cff 0 ON � p � v0.0 cz .C � ca a �y `l, .0c=a' acGzp 0 Oc� d U+,�' N O�r, v c� ++may W N G 0.0 CO 0 0. CO Qj cis Q) am) • 0 ��, V /�J 0 GL a)— 04N 41 0 0.-.' O 0>, Z W o�•v0VV ' � 0.- t) a) � V (DE a) C'3 c1 0 , OAO ° cn pAo L3 Off^"day, 0 S, 0y � NO. GcOa0Ham' �' -) . ^ ° (" .- Es . + V z Q Q24 N0'C i. 0 a) w mac. E = to A- -•r V ., Tom. 0030 =.I- C4 uQ d c: V1 ° c am ^ En c r. o o• F CL 3 c. V C's ca t6 Nv Ca 3C c.'oW-0o� cu vN � Cdaa)) O o )�p.oQ�"igo0=oa c y�o � y Catharine Hamm The Sun ' `past .Managing Seatlon.B Editor/Metro; Monday_ $:(909)386-3874 February 7, 1994 1. Fax(909)_885-874t Metro J C it Jt 1 see - solution S , to, a s -w-oes ■ The City Council will THE ARTS consider four alternatives for .dealing with the theater allow it to eventually offer shows. financial problems at The theater group has notified its group's p subscribers that it will not be pre- { today's sleeting." senting its spring slate of plays. 1 The city`,has offered to stop ,ByMARGOWILSON foreclosure proceedings, take Sun Staff Writer over the theater'and"forgive'the SAN.BERNARDINO — The $100,000 debt, but CLO officials fate of the Civic Light Opera will :h avToday,tedthat'offer >it be deliberated .today..;when the Today, the council will re- be City Council considers ways of . ou 'a CLO letter saying'the dealing with the organization's fi- group is refusing the city's offer. , nancial plight. The council will consider:_ ' ■ Reaffirming its previous action City staff is asking the council and directing staff to continue to consider several courses of ac- with foreclosure proceedings. ; tion against the:CLO.:The meet- ■ Authorizing staff to purchase ing begins at 11 a.m.in council the theater from the CLO for chambers in City.Hall. Members r$500,000`anQVM1 fg th0,"CL'O of=:the.;public can-�speak;'to-'the credit for'the-$1.. the $103;500`already council on the.issue-,_-,_ _;, , paid on the loan , .- r­1( o­: The CLO, San Bernardino's, H:Granting the CLO $500;OOQ;4o premiere_theatrical group,,is,$1 help it restructure:`; ,fir I million Jh debt and owes'the''city H Loaning the CLO$500,000 that $100,000 on'a 90-day loan it re- Would be paid 'off:under;terms ceived last fall.; spelled out in a five-year business plan the CLO.h.s drawn up. Although the:CIO' has paid San Bernardino isn't the only $100,000 plusinterest on the offer the`theater group has`re- $200,000 loan,the city has started ceived. Theater Corp. of Ameri- foreclosure proceedings on the ca,which runs the Pasadena'The- CLO's California -Theatre. CLO ater, and Children's"Storybook officials say they intend to pay Theater in :Riverside, with'.the back the loan if they are given Riverside Civic Light Opera,have more time. had discussions with CLO offi- CLO is restructuring and is cials. And a New York group has working toward'a plan that will shown some interest. 4r INSIDE Redlands wig's academic decathlon/134 L near- dosure �.5 over debt , , to S.B. By MARCO WILSON Sun StafF Writer The San Bernardino Civic Light .Opera will not stage its spring season because it is deeply in;debt and may lose all its prop- g ty, including,the•California heatre;:of the. i erfdrming Arts' officials said TuesdN Gene Wood,'secretary iffe-- C;LO board,said the ac. on}s a re sponse„to problems thb CIA.has had in".payui ;back a $200,000. loan from the cityL ,� The San Bernardino City, Council voted Monday to fore-_ close against the CLO's property, which includes the California theatre downtown, two office buildings and a scene,,-prop and costume studio Known''for 'its quality theat rical performances;'the:Civic L}ght Opera has-been a cultural cornerstone of the Inland Empire for 47 years. It annually stages about 70 performances and in re- cent years has drawn-60,000 peo- ple each year to its'productions. . -'w This°year;:the CL0 won't be st aging`:"Westside;:Story, ': ' which Was to open next month or its oth- er spring performances; "Nun- sense" 'and ,"Sophisticated La- dies." Wood.said that if the CLO.can raise,$100,000 to bailout the the- ater and find a way to pay off the group's total debt of $500,000, three smaller plays could be staged later this season. Acting as the Community De- velopment Commission, the City Council opted to foreclose on the CLO property because the group has failed to pay off a $200,000 loan, council members said. The CLO put its property up as collat- eral last fall when it got the 90- day loan to help launch its fall season. So far,the CLO has paid See THEATER/Back page CLO looks back on proud histo v The Sun Over the years,the CLO oversaw ren- ovations at the California Theatre, ac- The San Bernardino Civic Light Op- quired a 4,000-square-foot building on era has a rich history. Cajon Boulevard,two office buildings on The organization was.founded by the North E Street, a warehouse in Mira late Alexandra Grow Jenks in 1948. Her Loma and what C.Dale Jenks called the husband, C. Dale Jenks, began working United collection of scenic props in the for the organization as a backstage prop- erty person in 1949. He eventually be- More recently, in August 1992, CLO came the organization's business man- received widespread attention outside ager, and later general manager. He the Inland Empire when it played host to retired last August. the West Coast premiere of"Annie War-r Y CLO owns the California Theatre of bucks," the sequel to the Broadway mu- " Performing Arts in San Bernardino, sical Annie." which it purchased from the city in 1984 The group occupies one of the few re-' for the below-market price of$150,000, maining historically-significant buildings with the provision it would make the in downtown San Bernardino and the building available to other arts groups at building previously served as a vaude-'c cost. ! , vilie theater and move house. L ; Theater: CLO struggles ggl s to repay loan to S.B.1.Continued from Al the city would vote to foreclose on the The CLO always has prided itself on the city$100,000 in principal and inter- CLO's property after the many contribu- not taking government subsidies, as do est, tions the group has made to the city's cul- most other arts groups, said Wood who tural life. added that those days maybe over. 'Councilwomen Valerie Pope-Ludlam ' and Norine Miller opposed the foreclo- She said it's"just a little bit of over- Wood said the CLO board has voted sure action. kill" for the city to foreclose against the to restructure the CLO and the group is ;;.. theater, which she said is valued at soliciting suggestions from its subscrib- The council held a closed session $750,000, as well as all the other CLO ers about whether they think the CLO Monday night to discuss the matter.The should survive, and if so, in what form. CLO previously ad asked the city to buy property, when the debt totals only The CLO also is studying-ways to raise y $100,000 and the CLO is making efforts tie California Theater for$600,000 and money,including a benefit featuring for- ore the rem to repay the loan. for- ignore wining $100,000 of the a mer CLO stars. loan from the city,Pope-Ludlam said. When the CLO sought the loan last The CLO'also will be asking season The council rejected the request. fall,- group officials`blamed the poor ticket holders to donate the money economy for falling ticket sales.CLO offs- they've already paid to the CLO for their :n-,Evelyn ;Wilcox, chairwoman'of the cials said the group lost. $300,000 to tickets, but the group will try to refund PLO boardl and former San Bernardino $400,000 when it hosted the West Coast ticket money if asked, according to mayor,said it's a"sad"commentakr"that premier;of"Annie Warbucks"in 1992. Wood. WARNER W. HODGDON HEART BAR RANCH,ARROWHEAD SPRINGS POST OFFICE BOX 2146 SAN BERNARDINO,CALIFORNIA 92406 (714)881-1547 December 15, 1993 TELECOPY: (714)886-9962 Mayor Tom Minor City of San Bernardino 300 North "D" Street San Bernardino, California 92418 "For Your Purview" RE: I. City Baseball and Sports Stadium Comments to Commission Meeting, December 2, 1993, 7:30 AM II. Comparable City/EDA Street Improvement Agreements in S.B. County: (1) City/EDA Obligations: Requested,Notarized, Accepted and Recorded March 11, 1991 Easement Deed at Sterling Avenue/Foothill Drive From Carol and Norman Chrzanowski: Landscape/Re-Contouring/Maintenance and Appurtenant Facilities (Curbs,Gutters, Sidewalk, Irrigation, Water and Electric Service,etc.) (2) City/EDA Obligations_ and $1.2 Million Cost of the Highland Avenue Area Improvements For: November 6, 1991 Wal-Mart/Stubblefield Developments and other terms (Curb, Gutters, Intersections, Access, Small Canyon Storm Drain, Fees,etc.) Dear Mayor Minor: Introduction: Your Baseball Stadium Commission met on December 2 1993 7:30 AM, for Public Report At that time you asked for my comment which I will address first in this letter. We had last spoken on September 23, 1993 regarding your August 5, 1993 Directive with the City Attorney's office not to go forward with the prior City requested and June 20, 1993 approved SBVMWD Participation Agreement Project at the southeast corner of Sterling Avenue and Foothill Drive because it is within the S.B. County Boundary. Therefore the approved SBVMWD Agreement was not allowed on the August 16, 1993 City/EDA Public Agenda. This letter is also a condensed overview of the salient points found in my comprehensive December 14, 1993 letter to you addressing your September 23, 1993 concerns and comparability to the above referenced Items (1) and (2), including; i.e.: March 11, 1991 Recorded City Obligation for Sterling Avenue Storm Mitigation Improvements and applicable SBVMWD Participation Agreement, the Sterling Avenue Area FULL-STANDARD Access Improvements, Stubblefield SUB-STANDARD Highland Avenue/Rt. 330 Access Improvements, and Wal- Mart/Stubblefield Highland Avenue Area Improvements at City/EDA Cost of$1.2 Million±. (For reference: See December 14, 1993 Warner Hodgdon comprehensive letter to Mayor Minor RE: Sterling Avenue Area and related Wal-Mart/Stubblefield Highland Avenue Area Improvements) HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 2 I. City Baseball and Sports Stadium Comments to Mayor Minor: As a separate City matter, thank you for asking my comment as to the proposed $5 Million ± Baseball Stadium Alternatives for City/EDA Capital Investment outlined in the Thursday, December 2, 1993, 7:30 AM Stadium Commission Presentation and Report. I would have not commented had you not asked because of having no prior review of the Commission's December 1, 1993 Report or Presentation. Super Block and Sport Stadium Funding Conduit: However, of the five City/EDA alternatives the Sports Stadium Capital Funds ($5 Million) being derived through the 5% unrestricted Bond Proceeds added through the Super Block $100 Million ± Bonds was a innovative Finance conduit. I did note from the brief review of the Report that the 1600± Auto Parking, lighting, landscape, Off-Site Streets Improvement(s) Costing a minimum of $2 Million ± was not included, and that the Facility Operating Revenue/Expenditure Pro-Forma will be prepared at a later date. Class A Ball Team 20% Effective Use: The Spirits Class A Ball Team has approximately 70 minor league home games or 20% effective use of the facility on a 365 day year basis. Their specific commitments were not outlined in the Report. Never-the-less the Commission felt the Operation(s) Shortfall would be in the $200/300 thousand range annually and in addition to the City/EDA 5 Million ± Capital Bond Amortization and Parking/Access Improvement Cost Amortization. Commission's Recommended Location: I am very familiar from ownership with various Multi-Use Sports/Recreation Facilities, (Horse/Auto Tracks, Special Events, and others) and the related Public and/or Private Operations, Promotion and Financial Economics relative thereto; i.e.: Riverside/Ontario International Speedways, Shandin Hills Golf Club, Nashville, Phoenix, Richmond etc. Your acknowledged support to the City Baseball Commission of the Spirits Class A Ball Team and Sports Stadium facilities is very commendable, including substantial added private contributions therefore. The Commission's primary recommended site location is east of Arrowhead Avenue and west of the Twin Creek Channel on National Orange Show Property. (See attached Montage of Warner Hodgdon/National Engineering Company Racing Facilities and Special Events) (See attached Shandin Hills Golf Club Photo with Central City Background) Existing City Sports and Park Recreation Facilities: Contributions: Perris Hill, Blair Park, Shandin Hills: Perris Hill Park land, which also accommodates the existing Spirits Team Ball park was an early 1900's construction. The City's own Parks and Recreation October 12, 1993 Report to the Stadium Commission speaks for itself. This stadium has many City Sub-Standards i.e. parking, seating, temporary concessions/restrooms, crime and neighborhood nuisance. Relocation of this obsolete facility in the mid 1980's and City/EDA acquisition of the abandoned Gasoline Facility (Junk yard) to the east would have allowed expansion of American Express from 350 to 500± employees. Expanded parking reuse would have accommodated Perris Hill Park and Bowl activities as well as retention of the employment base to support existing HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 / HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 3 Highland Avenue Retail, Commercial, Food and Neighborhood Capital Investment Base. The result being that in-action forced the original Sports Team move to Rancho Cucamonga and American Express/General Electric Mortgage relocation of 500 business related employees to an Industrial Park. This left the Highland Avenue Area Central Corridor with added major overall economic instability. Blair Park and Shandin Hills Golf Club: The Stadium Commission's Report spoke of private contributions to pay for the facility. My family's land and capital contributions toward Blair Park, Shandin Hills Golf Club and Rt. 215/30 Enhanced Environmental "Green Belt" Access to the City and State University alone far exceeded the Commission's current Reported Baseball Stadium cost projection of $5 Million. It is my understanding from recently viewing the Community TV that the City/EDA positive Cash Flow of $300/$400± thousand annually from the City/EDA Golf Club is now being used to supplement the City Budget in order to Trim the overall City Parkway Trees, current deferred maintenance etc. If the City/EDA does not adhere to the Standards of maintenance required by the Operating Lease Agreement of the Golf Club it too will have diminishing Presence Value and diminishing Public Revenues. Historically existing Public/Private Recreation Golf Courses increase in value with the maturing of trees, increased replacement Capital Cost and an economically growing community market area. New City Sports Recreation Facilities: Forest Creek Greens and Sports Resort Rt. 330/City Creek Canyon: New City Sports Recreation Facilities require a long-term comprehensive overview. As you know we have been working toward a similar Scenic Drive Rt. 330/City Creek Canyon facility North/South of Highland Hills named "Forest Creek Greens and Sports Resort". This Rancho San Andreas North Plans of Development was considered and designated the Preferred Land Use grandfathered and incorporated into the July 3, 1989 Updated City General Plan/FEIR and July 3, 1989 City/Superior Court Approved City/Highland Hills Homeowners Association Settlement Agreement. The 60 month Capital Investment Build-Out is projected to be $225 Million and will generate over 6000 direct and indirect "Jobs". (See attached October 25, 1993 Rancho San Andreas North/South Schematic Perimeter Outline Plan) (See attached Rt.330/Highland Avenue Area Wal-Mart and Forest Creek Greens and Sports Club Illustrative Aerial) Regional Access and Sports Recreation Facility "Presence Value" Please keep in mind while determining the new Baseball and Sports Stadium location that long term successful Sports/Recreation facility Revenues all require Regional Access "Presence Value" and high standards of maintenance for continued Positive Cash Flow and Profitability. City Full-Standard Access (curb, gutter, sidewalk, lights, landscape, trees, irrigation, parkways, etc.) are added pre-requisite "Presence Values" to all City/Private Capital undertakings to Generate Public Revenue Resources i.e.: Sports/Recreation Facilities, Commercial, Retail, Industrial, Airports and most importantly to the largest Public Revenue Producer of all, existing and future Residential Neighborhoods (Ad Valorem Tax, Related City/Franchise Service Fees- Sales Tax, and Utility Tax). City Retention and Reinforcement of Economic and Employment Growth, "Quality of Life": HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO.CALIFORNIA 92406 IT RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 //// A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 4 Without a viable "Job Base" and well maintained Socio/Economic Neighborhoods, there is no "Quality of Life" foundation for retention and reinforcement of economic and employment growth. Thus a diminishing "Job Base" to support existing and other long term Public/Private undertakings, including a Baseball and Sports Stadium Recreation Facility; i.e.: Norton AFB 1988-1993 Closure process has resulted in Losses of 27,000 Direct and Indirect "Jobs", Population out-migration 39,000 and $1.8 Billion Economic Impact Loss with no secured replacement "Jobs" in a five year period (1988-1993). The Norton fallout and spreading effect is now being felt in diminishing Home Values, Business Revenue, Newspaper Revenues, Orange Show Off Track Para Mutual Revenues, Sport Ball Team Revenues and even the Civic Light Opera. City and East Valley Overall Physical, Fiscal and Legal Plan(s) of Development/Finance: The number one top priority in the City and East Valley today is an updated Overall Physical, Fiscal and Legal Plan(s) of Development/Finance. The last was formulated and adopted by the City/EDA/County for 1958-1980-1985; this included State, Federal, County, Caltrans facilities with California Theater, Performing Arts Center, Sport Recreation, Orange Show Asset and transportation emphasis. We cannot capitalize on this area's "World of Opportunity" without knowledgeable, experienced and comprehensively prepared action to change the present un- chartered deteriorating course. The City can't afford to loose any more time; everyone needs to team-up and "Play Ball" on a major league level. Thanks to the Stadium Commission for their efforts. II. Comparable City/EDA Street Improvement Agreements in S.B. County Boundary: Sterling Avenue Area and Wal-Mart/Stubblefield Highland Avenue Area: On September 23, 1993 we briefly discussed your August 5, 1993 Directive with the City Attorney's Office not to go forward with the City Full-Standard Improvements by City/EDA. $10 thousand funding therefore along the Southeast Corner of Sterling Avenue and Foothill Drive for curb, gutter and sidewalk. At the City's prior request, on June 20, 1993 the SBVMWD had executed their Participation Agreement, for the City/EDA August 16, 1993 Agenda, to install/fund the $25 thousand portion balance of the required Landscape/Re-Contouring Mitigation and appurtenant facilities thereto. Your Directive was confirmed by Dennis Barlow, Senior Assistant City Attorney's (City/EDA Legal Counsel) August 5, 1993 Inter-Office , Memorandum to Ms. Ann DeBolt, Real Property Specialist, City Public Works Department. Quote: "As I (Dennis Barlow) indicated to you (Ann DeBolt) earlier, the Mayor (Tom Minor) asked that we not go forward with this project (City request of SBVMWD to participate $25 thousand). 1 have also advised EDA." (See attached August 5, 1993 Inter-Office Memorandum from Dennis Barlow,Senior Assistant City Attorney RE:City/EDA and SBVMWD Sterling Avenue Project Agreement) This Project is a $35 thousand March 11, 1991 City requested, accepted, notarized and recorded CITY OBLIGATION to Carol J. and Norman R. Chrzanowski. Your reasoning to me being not to expend $10 thousand City/EDA Bond Funds for that purpose (curb, gutter, sidewalk) as they are within the S.B. County Boundary. Never-the-less the City's recorded March 11, 1991 Easement Deed from the Chrzanowski's to the City further outlines the City Obligation for full Landscape/Maintenance and Appurtenant Facilities; Quote: HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 OHEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 IT RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 5 "Norman R. Chrzanowski and Carol J. Chrzanowski,his wife,as joint tenants,do hereby Grant to the City of San Bernardino, a Municipal Corporation an easement for the Installation and maintenance of landscaping and annurtenant-facilities, in,over, under and across... "The Easement herein granted includes the right at anytime, or from time to time, to conduct, place, maintain, inspect, repair, replace, and renew the landscaping and appurtenances thereto, and for incidental,purposes, including the right of ingress and egress thereto." (See attached March 11, 1991 Easement Deed from Carol/Norman Chrzanowski to the City as requested,accepted,notarized and recorded) Comparable Review of other City/EDA Improvement Projects in S.B. County: Your September 23, 1993 explanation of the City/EDA doing Improvements outside the City and including within the S.B. County boundary led me to comparably review the City/EDA Policy for the November 6, 1991 Wal-Mart Development Agreement; including City/EDA Cost of related Highland Avenue Area Wal-Mart/Stubblefield Improvements. A major portion of these City/EDA $1.2 Million improvements ($400 thousand±) are constructed within the City of Highland S.B. County Boundaries i.e.: Curb Gutter Parkway Intersections, Small Canyon Storm Drain, Fees, etc. November 6, 1991 Wal-Mart Development Agreement and Multi-Million "Windfall Profits": I have found that the November 6, 1991 represented City/EDA Highland Avenue Area Improvement Costs under the November 6, 1991 Wal-Mart Development Agreement were represented to the Council to be $550 thousand only. The City/EDA Source of Bond Funds for these $550 thousand improvements are to be from the portions of residual "E" Street Bridge Improvements balance and derived from City RSA Project Areas. However, as structured by the City Attorney, there was no Up-Set price for City/EDA Improvement Cost provided for in the November 6, 1991 Development Agreement. As structured this agreement has resulted in following City/EDA/IVDA impact Cost/Loss of$5.5 Million; (1) the City/EDA Cost has now increased to over$1.2 Million ±, (2) the Added Value to the Wal-Mart Development Land of another $1.2 Million ± to provide unrestricted Non-Access and Limited Access was not received or waived by the City, (3) the $550 thousand City Development Impact Fees were deferred with "Time Payments" for the Wal-Mart Development, (4) the City/EDA Highland Avenue Area $1.2 Million ± Cost for frontage Wal-Mart/Stubblefield Improvements are in the IVDA Project Boundary Area, (5) the Wal-Mart Development Agreement did not provide for IVDA Cost Reimbursement to the appropriate City/EDA Project Areas of $1.2 Million ±, or no position for (6) adjustment of the IVDA Frontage Boundary to include the Major Buildings, (this is a 25 year IVDA Incremental Revenue Loss of $3.1 Million ± needed for Norton "JOB LOSS" replacement), and (7) the Wal-Mart Development Interim Land Owner left town with Multi-Million Dollar WINDFALL PROFITS and as an added bonus kept the remaining 112 DU's Apartment Site also approved by the City as part of the July 3, 1989 and November 6, 1991 City General Plan Amendment(s) for the 37 acre ± Interim Land Owner. This 37 acre land parcel had just been previously sold by the Federal Savings and Loan Insurance Corporation (FISLIC) as a Failed Savings and Loan Loss; and acquired by the Interim Land Owner for $1 million ± ($.66 cents per square foot) under the pre-existing 1989 City General Plan Single Family Residential Designation Land Use. Due to City General Plan Amendments for Commercial, Multi- Family Land Use and City/EDA Subsidiaries the Interim Land Owner then made resulting Multi-Million dollar"Windfall Profits" sales of the land in the Range of$5.50±per square foot. HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 OHEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFFRIATE Page 6 Wal-Mart Development SCRUTINIZED by the City Attorney: The Sun accurately reported by November 6, 1991 Article the representations to the Common Council, that the City/EDA cost of Wal-Mart/Stubblefield Piedmont Drive/Highland Avenue Area Improvements were to be no more than $550 thousand under the Development Agreement. This Development Agreement was approved concurrently with the City's second November 6, 1991 General Plan Amendment(s) for the Interim Land Owners and designating Land Use for 30 acres Commercial and 7 acres± Multi-Family Apartments. The Sun's November 14, 1993 Editorial then reported that the Development Agreement was SCRUTINIZED by the City Attorney and The Sun's November 14, 1993 Editorial Cartoon depicted the City Attorney sweeping up of the initial Development Agreement mess left by Former Mayor Holcomb's Dog with a "POOPER SCOOPER". (See attached November 6, 1991 Article"S.B.City Council approved Wal-Mart Shopping Center") (See attached November 14, 1991 Editorial "Wal-Mart Good Deal Made Better") (See attached November 14, 1991 Editorial Cartoon:Holcomb Dog/Penman Scrutinizing) (See attached May 8, 1993 Editorial Cartoon:Making a Mountain out of a Manhole) Stubblefield September 23, 1993 Sub-Standard Access for Highland Avenue, Rt. 330/City Creek Canyon and Comments: While we were speaking on September 23, 1993 John Stubblefield commented in answer to your inquiry, and for my edification, of his not appreciating my clarification to the DERC of the Planning Documentation to further Stubblefield/City Highland Avenue Area Rt. 330 Sub- Standard Access Improvements and City 50 year Development Agreement Cost therefore. On August 26, 1993, September 23, 1993 and October 7, 1993 the City DERC approved the Planning/Consultant/City Attorney's prior recommended and reviewed: (1) Stubblefield Special City Development Code Amendment for Sub-Standard Highland Avenue/Rt. 330/City Creek Canyon Primary/Secondary Access, (2) Sub-Standard Access Variance, and (3) Sub-Standard Access City 50 year Development Agreement therefore, including City Full-Standard Deficiency Cost Liability, City 50 year Maintenance Liability Cost and other City Sub-Standard Rt. 330 Emergency Access procedure Liability. The applicable City cost will be hundreds of thousands of dollars. City/EDA Wal-Mart/Stubblefield Highland Avenue Improvements $11 thousand Change Order October 21, 1993: Stubblefield Highland Avenue/Rt.330/City Creek Canyon Sub-Standard Access: Enclosed is my October 28, 1993 Letter to John Stubblefield in response to his September 23, 1993 childish comments to you and I regarding your inquiry as to his Highland Avenue/Rt. 330/City Creek Canyon 20 acre property Sub-Standard access for Stubblefield, the City Liability Deficiency cost and 50 year Development Agreement maintenance Liability therefore. Put these City improvement cost and the following into perspective with your concern of $10 thousand City/EDA Improvements for curb, gutter sidewalk at the southeast corner of Sterling Avenue/Foothill Drive and under the recorded March 11, 1991 City Obligation. In addition, on October 21 1993 the City/EDA approved another $11 thousand Change Order, on the Consent Calendar without Public Comment to the Wal-Mart/Stubblefield Highland Avenue Area City/EDA $1.2 Million Improvement Cost. HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 IT RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-01 S3 A WARNER W.HODGDON FAWrLY GROUP AFFILIATE Page 7 (See attached October 28, 1993 Warner Hodgdon letter to John Stubblefield RE: Highland Avenue Area/Rt.330 Sub-Standard Access) City Time Payment Plan for Wal-Mart deferred Development Impact Fees: You will remember I stood at the Podium on October 21, 1993 after your allowing me 15 seconds only to speak further to the City November 6, 1991 Wal-Mart Development Agreement; and provision therein that the City $550 thousand Development Impact Fees applicable thereto would be deferred over an approximate four year Time Payment Plan". Under the City Attorney's October 21, 1993 representation that there was no enabling City legislation to do so; therefore, the Council denied a Small Home Builder any Deferred Time Payment Plan consideration for his residential tract Development Impact Fees. March 11, 1991 Sterling Avenue City Obligations to Carol and Norman Chrzanowski Family and Related Stubblefield Sterling Avenue $11.537 Million Damages Against the City: Thank you for agreeing to meet with Aaron and I regarding the Recorded March 11, 1991 City/EDA Obligations to the Carol and Norman Chrzanowski Family for funding the southeast corner of Sterling Avenue to City Full-Standard Improvements lying within S.B. County Boundary. The related November 7 1990 Sterling Heights/Sterling Avenue Area Planning/City Attorney mishandled process was used in SWORN TESTIMONY for the Stubblefield west Rt. 330 Mountain Shadow April 2, 1991 Apartment Trial resulting in $11.537 Million Damages Against The City. Sterling Avenue Area SWORN TESTIMONY for Stubblefield Trial and $11.537 Million Damages: I learned of this related Stubblefield Trial SWORN TESTIMONY at the May 18, 1993 Planning Commission Approval of the Supplemental EIR, i.e.: re-evaluation and re-confirmation of the 1/22/86 Sterling Avenue Full Standard Primary/Secondary Access and Landscape/Mitigation Plan with Improvement Maintenance District(s). Stubblefield's Attorney, Darlene Fischer Phillips wrote of this testimony and Hypocrisy to the Planning Commission on May 17 1993 as she also represents Sterling Heights. Stubblefield April 2, 1991 $11.537 Million Damages Against the City: I know you are honestly concerned about the handling of these matters, but not limited to, including the effect of the Stubblefield $11.537 Million Damages awarded Against the City on April 2, 1991 for Violation of Rights to build 492 Mountain Shadows Low and Moderate Income Apartments. I believe that the 1rior JanuaLy 28 1991 Stubblefield Trial was ineptly handled by the City Attorney's office and the consequence of the Settlement Damages should be resolved accordingly. On July 15, 1991 the City Attorney recommended a 766% Density increase by General Plan Amendment on Stubblefield Mountain Shadows 283 acres, which includes east Rt. 330 City Creek Canyon. Stubblefield Mountain Shadows is inadvertently contiguous to the City/Highland Hills Homeowners Association Settlement Agreement. RSA was requested by the City Attorney and others (William E. Leonard General Partner Highland Hills Properties, a Ltd. Partnership) to have it's Legal Counsel, Reid & Hellyer represent and Defend the City regarding prior January 14, 1988 Actions Against the City, Mayor and Common Council, the City, Council, DERC and others as to the Highland Hills Homeowners Association and subsequent July 3, 1989 Save San HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 IT RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 ����VVVV A WARNER V.HODGDON FAMILY GROUP AFFILIATE Page 8 Bernardino Actions against the City regarding the July 3, 1989 Updated City General Plan and FEIR. The actions were effectively Dismissed by January 11, 1991. RSA-Highland Hills paid all legal and related cost ($1 Million±). There was No Cost and No Loss to the City. Highland Hills Properties, Ltd. Partnership: William E. Leonard, General Partner and William E. Smith, General Partner (deceased) and Ltd. Partners: July 3, 1989 City/Highland Hills Homeowners Association Settlement Agreement: The City approved May 16, 1989 City/Highland Hills Homeowners Association Settlement Agreement was approved by the Superior Court on the effective date of the Updated City General Plan and FEIR July 3, 1989. Under the City/Highland Hills Homeowners Association Settlement Agreement, RSA North Plans of Development were considered and designated the Preferred Land Use, Grandfathered and Incorporated into the July 3, 1989 City Updated General Plan and FEIR. The Addendum and Supplement to the Settlement Agreement to the City/Highland Hills Homeowners Association Settlement Agreement was approved by the Superior Court on February 5, 1993. March 15, 1992 City Foothill Drive/Sterling Avenue Area Major Claim Settlement Agreement: June 11, 1992 compatible City Legal and Executive Branch City Administrators Ordinance: In February 1992 William E. Leonard, the Mayors Office and the City Attorney asked me to assist in Settlement of a Major Claim against the City by an 8.5 acre property interests in the Foothill Drive/Sterling Avenue Area. Mr. Leonard has been advisor to the Water Department for many years and the City/EDA acquisition of this property, was part of the February 1991 City/EDA/SBMWD Joint Participation Agreement regarding the contiguous City Property (180 acres) Little Sand Canyon Plans of Development. As you know, the Claimant was the former spouse of the City Administrator, he was also represented by Stubblefield's Attorney, Darlene Fischer Phillips. After more than a month of my VoluntaEy hard work with the Claimant and his Counsel the City/EDA the Seller and his Counsel the City Council and the City Attorney's Office this Major Claim was Settled on March 15 1992 at No Cost or No Loss to the City. The property acquisition was completed by the city/EDA and is a Primary Access to the contiguous fallow unmaintained 180 acre City Property, a Water Department "Managed Asset" since April 15, 1974. City Administrative Ordinance June 11, 1992: In May 1992 the Mayor's Administrative Assistant Lorraine Velarde requested and the City Attorney later called me to assist in drafting an bilateral acceptable City Administrators Ordinance. The issue had come into incompatible result between the Legal and Executive Branch of the City. By prudent incorporation of both points of view, the re-draft Ordinance was presented by myself with City Attorney, Senior City Attorney and City Administrator in the afternoon of June 10, 1992. The applicable Ordinance was adopted by the Common Council on the morning_of June 11, 1992, 7:30 AM. June 19, 1992 City Attorney Complaints to Grand Jury/District Attorney: Then on the late afternoon of June 11, 1992 the DFG Warden left a message for me to meet him at RSA-Highland Hills Ranch the next morning 6 AM. We had completely reviewed the Ranch with the Warden and two DFG Biologists on June 15, 1990, two years before and without any subsequent contact or response from the DFG. I did not know that the City Attorney was concurrently completing preparation of a June 19, 1992 broad letter of complaint to the HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFFMATE Page 9 Grand Jury/District Attorney to investigate: (I) The Mayor's unauthorized Change Orders for Kick-Back contributions used against the June 1992 Charter Amendments to alter the Mayor's Office, (II) Stubblefield "Mountain Shadows" and Widmeyer "Patton Hills" Massive Grading and Infrastructure Construction, including the couched reference to the DFG June 15, 1990 review of Highland Hills, and (III) Management Audits of the Mayor's and City Attorney's office. Grand Jury Denies City Attorney Complaint and Investigation September 9, 1992: By September 9, 1992 letter the Grand Jury denied the City Attorney's June 19, 1992 request because of his release and politicization, but offered to assist in the Management Audits of Item I, II, and III. However, the Grand Jury's offer to assist in the Management Audit was not acceptable to the City Attorney. The June 1992 election for the City Charter Amendments effecting the Mayor's Office failed, and the June 19, 1992 alleged City Attorney issues about myself/RSA were then singled out and shifted to Planning/City Attorney mis-representations to the DFG/DAG. The City Attorney/DFG/DAG refused on-site review of the Sterling Avenue Area and Highland Hills with Warner Hodgdon/RSA, RSA Legal Counsel for clarification and City/DFG allegations were filed with the Superior Court on February 5, 1993, with Press Release. The Superior Court approved the Addendum and Supplement to the July 3, 1989 City/Highland Hills Homeowners Association Settlement Agreement on February 5, 1993. (See attached September 9, 1992 Grand Jury Letter to James F. Penman RE:Complaint and Investigation) Unpermitted Stubblefield "Mountain Shadows " and Widmeyer "Patton Hills" Massive Grading and Infrastructure Construction: On February 11, 1992 the City Attorney informed me of unpermitted Stubblefield "Mountain Shadows" and Widmeyer "Patton Hills" Massive Grading and Infrastructure Construction for; Roads, Curbs, Gutters, Drains, Pipelines, Reservoirs, House Lots and Apartment Pads. Councilman Maudsley had informed me of this on December 23, 1991 as he lives directly across the street from the activity on Palm Crest Drive. Warner Hodgdon/RSA had done no such activity on the Sterling Avenue Area-Secret Hollow ranch and Highland Hills Ranch. City DERC, Planning Commission and City Council re-confirmation of 1/22/86 Dedicated Sterling Avenue: The City DERC on April 15, 1993 , the Planning Commission on May 18, 1993 and the Council on May 24, 1993 approved re-evaluation, re-confirmation and establishment of the 1/22/86 Dedicated Sterling Avenue Area Primary/Secondary Access with Landscape/Mitigation Plan and Improvements/Maintenance District(s). On June 25, 1993 the DAG confirmed DFG concurrence and the City Planning Notice of Determination filed with the State Office of Planning and Research effective date being July 3, 1993. Using the terms of the DAG on April 27, 1993 the February 5, 1993 City/DFG Sterling Avenue Area allegations became "Moot". This 1/22/86 re-evaluation, re-confirmation and establishment process and curtailment caused by the City/DFG has cost RSA-Secret Hollow Ranch $1 Million ± and the impact cost/loss may reach several million more ±. For a more comprehensive Overview of Warner Hodgdon/RSA-Secret Hollow Ranch and Highland Hills Inter-Governmental Co-operation I attached hereto a 1988-1993 Chronology thereof and an Index of my Related Letters, Documentation and Photologs that are forwarded herewith for your purview: HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 IT RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 W A WARNER W.HODGDON FAMILY GROUP AFFMIATE Page 10 (See attached 1988-1993 Chronology of Warner Hodgdon/RSA Secret Hollow Ranch and Highland Hill Inter-Governmental Co-operation) (See attached Index of Warner Hodgdon related Letters,Documentation and Photologs forwarded) I do not believe any family has contributed more to the Community, I reference this in a humble way only to represent that we have NO HIDDEN AGENDAS. By knowledge, experience and sincere care, we are very concerned for the entire Community's well being, including our own. Therefore, I thank you in advance for your time and consideration. Wisdom and Know How is needed. Respectfully, Warner W. Hodgdon CC: Lorraine Velarde,Mayors Administrative Assistant Sharma Clark,City Administrator For more comprehensive reference see: December 14, 1993 Warner Hodgdon letter,documentation and photolog(s)to Mayor Tom Minor,and November 1, 1993 Warner Hodgdon letter,documentation and photolog(s)to Mayor and Common Council HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 L I J RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 �V A WARNER W.HODGDON FAMILY GROUP AFFILIATE WARNER W. HODGDON HEART BAR RANCH,ARROWHEAD SPRINGS POST OFFICE BOX 2146 LM SAN BERNARDINO,CALIFORNIA 92406 (714)881-1547 MF)COPY: (714)886-9962 December 14, 1993 Mayor Tom Minor City of San Bernardino 300 North "D" Street San Bernardino, California 92418 For Your Purview" RE: Sterling Avenue/Foothill Drive Storm Improvements: S.B.COUNTY CITY OBLIGATIONS to Carol J. Chrzanowski and Norman R. Chrzanowski by; Landscape/Maintenance Deed given to the City for and at the request of City on; January 28, 1991, and Accepted,City Notarized and Recorded March 11, 1991 SBVMWD/City/EDA August 16,1993 Sterling Avenue Participation Agreement: Southeast Corner Landscape/Re-Contouring Mitigation and Appurtenant Facilities City Full-Standard Sterling Avenue Area Access Improvements: Development Environmental Review Committee(DERC) April 15, 1993, Planning Commission May 18, 1993 and City Council May 24, 1993 Approval, Re-Confirmation and Establishment of: The City Approved 1/22/86 Dedicated Sterling Avenue Area FULL-STANDARD Primary/Secondary Access and Landscape/Mitigation Plan with Improvement/Maintenance District(s) Stubblefield/City Sub-Standard Rt.330/City Creek Canyon Access Improvements: Development/Environmental Review Committee approval (DERC) Planning/City Approvals August 26, 1993, September 23, 1993 and October 7, 1993 Wal-Mart/Stubblefield Highland Avenue Area Improvements: S.B. COUNTY Curb,Gutter,Intersections, Access, Small Canyon Storm Drain Dear Mayor Minor: Introduction: The purpose of this letter is to provide you with a comprehensive Overview and Documentation of the above. It was prepared in accordance with our applicable discussion on September 23, 1993 and your agreeing to meet with Aaron and I for your clarification . As you suggested we will call your Executive Assistant, Sophie Arias, for the appointment date and will limit our review to one hour. My applicable December 15, 1993 letter to you is a condensed version of salient points, and includes my comments as to the City Baseball and Sports Stadium Commission meeting and Report held December 2, 1992. (For reference: See December 15, 1993 Warner Hodgdon letter to Mayor Minor: RE:the above referenced Subjects and Baseball Sports Stadium Comments) HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFFMATE Page 2 March 11, 1991 City Obligations to the Chrzanowski Family for Full-Standard Sterling Avenue Improvements: September 23, 1993 Stubblefield retort for Sub-Standard Highland Avenue and Rt. 330/City Creek Canyon Improvements: Thank you again for the brief opportunity to speak with you at the Planning Counter on September 23, 1993 regarding the CITY'S OBLIGATIONS and August 16, 1993 SBVMWD Joint Participation Agreement to assist for protection of the Carol J. and Norman R. Chrzanowski family home at the southeast corner of Sterling Avenue and Foothill Drive. As we were concluding our conversation John Stubblefield walked up and spoke to us. In answer to your inquiry, he retorted to his progress for Highland Avenue Area/east Rt. 330/City Creek Canyon 20 acre property Sub-Standard access and improvements; i.e.: City 50 year Development Agreement Liabilities. As he added childish personal comment as to my just having given needed corrections to his submitted Documentation for DERC approval I will address these related Stubblefield matters later in this letter. The Chrzanowski Family CITY OBLIGATION is under the January 28, 1991 City request for their Landscape/Maintenance and Appurtenant Facilities Easement Deed to the City; Accepted, Notarized and Recorded by the City March 11, 1991. Quote: "Norman R. Chrzanowski and Carol J. Chrzanowski, his wife, as joint tenants, do hereby Grants to the City of San Bernardino, a Municipal Corporation an easement for the Installation and maintenance of landscaping and appurtenant facilities, in, over, under and across..." "The Easement herein granted includes the right at anytime,or from time to time,to conduct, place, maintain, inspect, repair, replace, and renew the landscaping and appurtenances thereto,and for incidental,purposes, including the right of ingress and egress thereto." (See attached January 28, 1991 City letter request to Carol J. and Norman R. Chrzanowski RE: Landscape/Maintenance and Appurtenant Facilities Easement Deed) (See attached March 11, 1991 Chrzanowski Easement Deed, Requested, Accepted, City Notarized and Recorded by the City) SBVMWD June 20, 1993 approved $25 thousand Joint Participation Agreement to City: As conveyed to you, these March 11, 1991 recorded CITY OBLIGATIONS were recognized along with the recent May 4, 1993 SBVMWD Approval of the City's related request for their June 20, 1993 $25 thousand Joint Participation Agreement toward the Landscape/Re-Contouring Appurtenant Facilities therefore; and as part of the City DERC August 15, 1993, Planning Commission May 18, 1993, Council May 24, 1993 Approval, Re- confirmation and Establishment of the 1/22/86 City Approved Full-Standard Sterling Avenue Area Primary/Secondary Access and Landscape/Mitigation with Improvement/Maintenance District(s). This covered the Sterling Avenue/Foothill Drive Intersection, and added long term maintenance of the southeast corner. The November 7, 1990 Sterling Heights/Sterling Avenue Area process by Planning/City Attorney had been mishandled, therefore, the effective date of the re-evaluation being July 3, 1993 for the applicable SEIR filed with S.B. County and the State Office of Planning and Research. HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 t�Ks HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 L J RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 ��yy A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 3 I voiced my disappointment that you had not allowed this prior agreed upon City/EDA/SBVMWD final joint documentation to go forward, as it was already executed in cooperation by the SBVMWD on June 20, 1993, to be placed as a valid Public Item on the City/EDA August 16, 1993 Council/Commission Agenda. My further disappointment was in the City's continued mishandling of this overall Sterling Avenue Area matter and after much honest work and effort on the part of the City/EDA, other participators, the SBVMWD and Mr. and Mrs. Chrzanowski beginning and before January 28, 1991. As I related to you, I understand your political opportunism and the Public Release benefit to the newspaper media depicting new leadership austerity; but not by your refusing the SBVMWD Board's GOOD FAITH ACTIONS, after the City's requested $25 thousand ± Landscape/Re-Contouring/Mitigation participation help from them. Making a Mountain out of a Manhole: In truth your unilateral August 5, 1993 personal Directive was costly to the City, disrespectful to the good faith commitments of the SBVMWD, other participators and the Chrzanowski family. Of equal importance it was to the further economic hurt of the contiguous fallow un-maintained City Property (180 acre Water Department "Managed Asset") and the continuing resulting Depreciating Values of the City property and that being equally caused to the reduced equity of every neighborhood Citizen's home. "Making a Mountain out of a Manhole" is poor return to the Citizenry, by allowing a distorted picture rather than the true merits being given to the Public. i.e.: August 20 1993 Article. "Mayor puts lid on Manhole Saga" August 31 1993 Article: "Manhole Flap's shows style change" (See attached August 20, 1993 Article: "Mayor puts lid on Manhole Saga") (See attached August 31, 1993 Editorial:"Manhole Flap's shows style change") Public Benefit to Deter Blighted Deterioration of City Neighborhood(s): As I reiterated to you on September 23, 1993 the SBVMWD Staff, Board of Directors, Mr. and Mrs. Chrzanowski, Aaron and I or Sterling Heights participators knew nothing of your intended August 5, 1993 Directive with the City Attorney's Offices. Your Directive being that the City/EDA not to go forward with the project as committed and SBVMWD Agreement. By January 28, 1991 City request of the Chrzanowskis and the accepted, notarized and recorded March 11, 1991 City Obligations, this was a bilateral agreed upon matter to protect the Chrzanowskis' Home; and as an added City/EDA first step Public Benefit to deter the rampant Blighted Deterioration of the City and others properties causing Depreciating Values in this neighborhood area. Accordingly, and in support thereof, on March 15, 1992 the City/EDA approved and acquired an additional 8.5 acres fronting the City 180 acre unmaintained property and Foothill Drive for $360 thousand. February 1993 Major Claim filed against the City: As you know, in February 1992, the Mayor's Office, Mr. William E. Leonard and the City Attorney had asked me to assist the City/EDA in resolving the Major Claim filed against the City on this Foothill Drive land acquisition. The Claimant was the former spouse HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0IS3 A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 4 of the City Administrator. The Claim was Settled on March 15, 1993 at No Cost and No Loss to the City/EDA. Mayor's August 5, 1993 Directive with the City Attorney's Office: To confirm your personal Directive with the City Attorney's Office, Dennis Barlow, Senior Assistant City Attorney, and also City/EDA Legal Counsel, wrote his August 5, 1993 Interoffice Memorandum to Ms. Ann DeBolt, Real Property Specialist, City Public Works Department. Mrs. DeBolt has handled the southeast corner matter for this City Obligation to the Chrzanowski Family beginning January 28, 1991. Quote: "As 1(Dennis Barlow)indicated to you(Ann DeBolt)earlier,the Mayor(Tom Minor) asked that we not go forward with this project (City request of SBVMWD to participate$25 thousand).1 have also advised the EDA." (See attached August 5, 1993 Interoffice Memorandum from Dennis Barlow, Senior Assistant City Attorney RE: City/EDA and SBVMWD Sterling Avenue Project Agreement) SBVMWD $25 Thousand Reduces Sterling Avenue City Obligation to Only $10 thousand Account No.650-0140: Stubblefield Trial vs. The City Sterling Avenue Area Sworn Testimony result in $11.537 Million Loss: For your comfort, Aaron and I knew nothing about the City's January 28, 1991 request and the City's accepted, notarized and recorded March 11, 1991 obligation to Mr. and Mrs. Chrzanowski, until hearing of it at the SBVMWD May 4, 1993 Board meeting. Coincidentally, the City Attorney's Stubblefield "Mountain Shadows" Trial started on January 28, 1991. The Planning/City Attorney's mis-handling of the November 7, 1990 Sterling Heights/Sterling Avenue process was then used in Sworn Testimony for the Stubblefield vs. The City $11.537 Million Loss. On May 4, 1993 the SBVMWD Board committed to implementing the City's requested portion of the Landscape/Re-Contouring and appurtenant facilities $25 thousand cost thereof, thus leaving the City with only $10 thousand remaining of the City's total estimated $35 thousand March 11, 1991 committed, accepted and recorded Obligation. The City cost for Curb/Gutter/Sidewalk is to be paid from the applicable use of the City/EDA Bonds Fund Account No. 650-0140 and structured for such purposes. Harrison Canyon Saga Cost City Millions in Damages: This City request to the SBVMWD for Assistance was subsequent to it's March 11, 1991 recorded obligation and commitment to the Chrzanowskis; and which had nothing to do with an INSPECTION MANHOLE for SBVMWD underlying Pipeline. The Manhole became an Obstructive Issue of Political personalities and demeaned the true constructive purpose. From previous flood damages sustained to their home, during the City's HARRISON CANYON SAGA and subsequent mis-handling thereof costing the City Millions in Damages, the Chrzanowskis' had not filed Legal Action Against the City/County for Damages. The Chrzanowski Family are Heroes: HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMMY GROUP AFM IATE Page 5 Instead Mr. Chrzanowski wheel barreled the mud from his home and yard. Mr. and Mrs. Chrzanowski obtained a $6100 Federal Disaster Loan to repair the overflow damages to their home and used their children's $1800 savings to buy the contiguous County Remnant R/W property to help divert City property (200 acres across the street) and street storm flows to the north from flooding across the surplus Public R/W into their home. Mr. Chrzanowski made this added effort by hand work and shovel. The Chrzanowski Family are HEROES. SBVMWD May 4, 1993$25 thousand Commitment Reduces the March 11, 1991 City/EDA Obligation of$35 thousand by 71.44%: Understanding this Aaron and I (Rancho San Andreas Company-RSA) spoke before the SBVMWD Board in support of their May 4, 1993 Action, as their $25 thousand ± commitment substantially reduced the City's long standing estimated $35 thousand March 11, 1991 Obligation to the Chrzanowskis' by 71.44%. We also reiterated to the Board that RSA had volunteered as a participating party for approximately $400 thousand, at the September 30, 1992 request of the City/EDA, for the 1/22/86 City Full-Standard Sterling Avenue Area Primary/Secondary Access and Landscape/Mitigation Improvement/Maintenance District(s) referenced above. Therefore, the long term City southeast corner Maintenance Cost thereof under it's March 11, 1991 Recorded Obligations were off-set by the new Maintenance District. The 1/22/86 Sterling Avenue Area Primary/Secondary Access resolves City Liability to existing Homes: You were cognizant of this. As Councilman and incoming Mayor, you attended Planning's May 17, 1993 re-confirmation meeting for the City Approved 1/22/86 Dedicated Full-Standard Sterling Avenue Area Primary/Secondary Access and Landscape/Mitigation with Improvement/Maintenance District(s). The confirming participating parties present were the City/EDA (15 acre and 180 acre City Property a Water Department Managed Asset), RSA-Secret Hollow Ranch and Sterling Heights Property. This Primary/Secondary Access also serves and resolves City Liability for the existing 100 homes to the west allowed to be built by the City without Secondary Emergency Access. Also present were the City Administration and Staff members, including Planning, City/EDA, Water Department and Department of Public Works. City 1/22/86 Full-Standard Sterling Avenue Area Access Reevaluated and Reconfirmed by: City DERC, City Planning Commission and City Council: The purpose of the May 17, 1993 re-confirmation to Planning was for their ratification at the May 18, 1993 Planning Commission and May 24, 1993 Council Meetings. The approvals re-confirmation and establishment of the City Approved 1/22/86 Full Standard Sterling Area Primary/Secondary Access and Landscape/Mitigation Plan with Improvement/Maintenance District(s) (Estimated $1.2 Million ±) was by the City DERC April 15, 1993, Planning/Commission May 18, 1993 and Council May 24, 1993. The effective dated of the applicable SEIR filed with S B County and the State Office of Planning and Research being July 3, 1993. HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALEFORN1A 92406 IT RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 �y A WARNER W.HODGDON FAMILY GROUP AMLJATE Page 6 The Overall Maintenance District(s) thereof would include the City/SBVMWD May 4, 1993 agreed upon Joint Participating Agreement for Improvements/Landscape/Re- contouring Mitigation on the southeast corner of Sterling Avenue/Foothill Drive. By the City January 28, 1991 request, the Land scape/Maintenance and Appurtenant Facilities Easement Deed therefore was given by the Chrzanowskis', accepted, notarized and recorded by the City March 11, 1991. Quote: "Norman R. Chrzanowski and Carol J. Chrzanowski, his wife, as joint tenants, do hereby Grants to the City of San Bernardino, a Municipal Corporation an easement for the Installation and maintenance of landscaping and appurtenant facilities, in, over, under and across..." "The Easement herein granted includes the right at anytime,or from time to time,to conduct, place, maintain, inspect, repair, replace, and renew the landscaping and a,2ourtenances thereto,and for incidental,purposes,including the right of ingress and egress thereto." August 5, 1993 Mayor's Directive with the City Attorney's Office; and FULL OBLIGATIONS for the Southeast Corner of Sterling Avenue and Foothill Drive in S.B. County: Your August 5, 1993 Directive with the City Attorney's Office not to go forward with the SBVMWD Agreement to participate in this southeast corner Project ($35 thousand) or the City/EDA ($10 thousand for protective Curb/Gutter/Sidewalk) leaves the City with the entire March 11, 1991 recorded CITY OBLIGATION of$35 thousand. In perspective to the facts your September 23 1993 explanation to me that you did not want to spend $10 thousand of City/EDA Improvement Bond Funds from Account No. 650-0140 on this Project because it is within the S.B. County Southeast Corner does not make Common Sense to me or others. In addition there are pertinent and comparable factors to your S.B. County Analogy: • FIRST: approximately 77% of all City/EDA Redevelopment Project Area Funds come through the S.B. County, and would be applicable to the southeast corner, • SECOND: the City/EDA just paid approximately $35 thousand from Account No. 650-0140 for Curb/Gutter at the northwest vacant land corner of Palm/Highland Avenues with no City request or provision for Landscape/Maintenance Commitment. The property benefited with this City/EDA Grant is owned by out of town Investors and Listed for sale by an Ontario Broker; and, City/EDA Cost of Wal-Mart/Stubblefield Highland Avenue Area Improvements: • THIRD: approximately $400 thousand of the City/EDA $1.2 Million ± Improvement Cost for Highland Avenue Area Wal-Mart/Stubblefield improvements were in the City of Highland, S.B. County Boundary. There is no applicable Highland Avenue Area Small Canyon Storm Drain ($300 thousand) Reimbursement Agreement with the City of Highland as they feel down stream impacts should be paid for by upstream development (Stubblefield). There is no Stubblefield $400 thousand reimbursement agreement. On October 21, 1993 the City/EDA approved a $11 thousand Change Order, by Consent Calendar and without Public Comment for Wal-Mart/Stubblefield HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 7 Highland Avenue Improvements. An October 23, 1993 Photolog of Wal- Mart/Stubblefield Highland Avenue Area Improvements is attached hereto. City/EDA/IVDA Cost-Loss of$5 Million ±and Land Owner "Windfall Profits": • FOURTH:: The inept costly handling of the City/EDA November 6 1991 Wal-Mart Development Agreement and overall Highland Avenue Area Wal-Mart/Stubblefield improvement costs City/EDA/IVDA Cost-Loss of$5 Million± Multi-Million Dollar "WINDFALL PROFITS" to out of Town Intenm Land Owners and consequences are another matter addressed in my November 1 1993 letter to the Mayor and Common Council. (See attached October 23, 1993 Photolog of Wal-Mart/Stubblefield Highland Avenue Area Improvements) IFor Reference: See Warner Hodgdon November 1, 1993 letter to Mayor and Common Council RE:City/EDA Cost of Wal-Mart/Stubblefield Highland Avenue Area Improvements) Stubblefield September 23, 1993 Comments to City east Rt. 330/City Creek Canyon 50 year Development Agreement Ironically, while we were talking about these City Full-Standard Sterling Avenue Area Primary/Secondary Access Improvements on September 23, 1993, John Stubblefield walked up and spoke to us. He and I had just left the City Planning Department's Development and Environmental Review Committee (DERC) meeting. The meeting was in regard to the Planning/expert City Consultant/City Attorney review and recommendation to the DERC for approval of the Initial Environmental Study and Negative Declaration(s) covering Stubblefield's March 26, 1993 Application(s) request for: (1) east Rt. 330/City Creek Canyon City Sub-Standard Primary/Secondary Access, (2) Sub-Standard Access Variance, (3) Special Sub-Standard City Development Code Amendment therefore, and (4) City 50 year Development Agreement accepting same, including the Capital Deficiency Cost Liability, 50 year Maintenance Cost and other associated Rt. 330 Emergency Procedure Lockout Liability thereof. Warner Hodgdon September 23, 1993 Clarification to Stubblefield DERC Application Documents: Though I do not agree with the City/Stubblefield 50 year Development Agreement for Sub-Standard east Rt. 330/City Cook Canyon Access and City Maintenance thereof, I had spoken up at the applicable September 23, 1993 DERC meeting to give needed clarification of the Planning/Consultant/City Attorney prior reviewed and recommended Documentation. Mr. Stubblefield or his attorney had not observed their Documents mis-worded verbiage, however, my constructive comments were used for the following needed DERC corrections to the record. The City expert Consultant Documents had been written and presented to the State Clearing House and DERC EXACTLY OPPOSITE to the purpose of Stubblefield's March 26, 1993 Application(s) Sub-Standard Access request. Stubblefield September 23, 1993 Rt.330 Comments to Mayor Minor: HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 OHEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO.CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AHWATE Page 8 While you and I were subsequently speaking at the Planning Counter on September 23, 1993, John Stubblefield responded to you by his retort of being better off without my corrective comments while handing you a Stubblefield applicable letter for yourself, Councilman Oberhelman and the City Attorney. Irrespective of his childish comments, in truth the IES-ND(s) and related documents had been incorrectly written by the City expert Consultant, then reviewed by Planning/City Attorney, signed by the DERC Chairman, and forwarded to the State Clearing House for comment. As written and submitted to the State Clearing House, City Full-Standard Access was required for the Stubblefield Rt. 330/City Creek Canyon 20 acre property. Factual Related Comment: At the July 15,1991 Council Meeting the City Attorney recommended that the City Council Initiate an Amendment to the July 3, 1989 Updated City General Plan/FEIR,for, but not limited to, Stubblefield City Creek Canyon 20 acre Property 480 High Density Apartments (24 DU's per acre). The Council followed the City Attorney's Overall recommendations which included a 766% Density Increase for Stubblefield "Mountain Shadows"east/west Rt.330 total 283 acres. The City Attorney represented his July 15, 1991 recommendations for the amendment to the July 3, 1993 City General Plan/FEIR were for Settlement of his April 2, 1991 $11.537 million City Loss to Stubblefield for Damages. The July 3, 1989 City General Plan/FEIR also incorporated the provisions of the concurrent July 3, 1989 City and Superior Court approve CitylHighland Hills Homeowners Association Settlement Agreement. Oversight Embarrassment to City Staff: Without my suggested Document clarifications for the September 23, 1993 DERC record, the City/Stubblefield 50 year Development Agreement for east Rt. 330/City Creek Canyon 20 acre property Sub-Standard Primary/Secondary Access would not have been in effective compliance for further City approvals and execution required under the Stubblefield March 26, 1993 Application(s). I spoke up not wanting Mr. Stubblefield, his Counsel, City Consultant, Planning Staff or the City Attorney to be embarrassed by this oversight during the following Public Hearing process later. Therefore I did not appreciate Mr. Stubblefield's arrogant remarks and have written him accordingly by letter dated October 28. 1993 and copied the Mayor and Common Council for the record. (For Reference see October 28, 1993 Warner Hodgdon letter to John Stubblefield RE: September 23, 1993 DERC needed Corrections and Remarks) City Liability of Stubblefield Rt.30/330/City Creek Canyon Sub-Standard Access: As submitted to the State Clearing House there were no return comments by other Agencies, including the DFG, therefore Planning's outside expert City Environmental Consultant (Dodson) had just re-submitted his recommended Stubblefield Initial Environmental Study(s) and Negative Declaration(s); and the DERC therefore approved the Stubblefield's March 26, 1993 Application(s) for the then corrected : (1) Stubblefield east Rt. 330/City Creek Canyon 20 acre property Special City Sub-Standard Primary/Secondary Access Development Code Amendment IES-ND, and (2) Stubblefield east Rt. 330/City Creek Canyon 20 acre property and Sub-Standard Primary/Secondary Access 50 year Development Agreement IES-ND (No City Curbs/Gutters/Sidewalks, Landscape, Irrigation, Parkway Trees, Trails/Fence, Streetlights) with the City Deficiency Cost liability for City Full-Standards Access being hundreds of thousands of dollars; not including the added City HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 IT RESIDENCE MAILING:3195 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 ����VVVV A WARNER W.HODGDON FAMILY GROUP AFFRIATE Page 9 50 year Maintenance Liability Cost thereof and other Rt. 330 Sub-Standard Secondary Emergency Access procedure Liability. (See attached October 1993 Photolog of Stubblefield east/west Rt.330 Stubblefield Access) March 22, 1993 Council Directive to Planning for east/west Rt. 330 Environmental Review of Stubblefield Massive Grading and Sub-Standard Access City Deficiency Cost not addressed: The Stubblefield Massive Grading of the east Rt. 330/City Creek Canyon 20 acre property and Bull Dozing therefrom Thousands of Boulders, Tons of Material, Debris, Trees and Stumps into the City Creek Streambed and City Full-Standard Deficiency Cost for the east/west Rt. 330 Sub-Standard Primary/Secondary Access(s) was not included In or as part of the August 26, 1993, September 23, 1993 and October 7, 1993, Planning/Consultant/City Attorney Environmental process for the DERC and AS DIRECTED BY THE COUNCIL'S CERTIFIED MINUTES DATED MARCH 22, 1993. The Stubblefield March 1993 Sub- Standard Rt. 330/City Creek Canyon 20 acre property Access Map and March 22, 1992 Photolog submitted to the Council of east/west Rt. 330 Massive Grading and Infrastructure Construction is attached hereto for your purview. As you know Planning/DERC is advised and documentation reviewed by the City Attorney's Office before Action. (See attached March 22, 1993 Certified Council Minutes; and Directive to Planning RE: Stubblefield East/West Rt.330 Environmental Review) (See attached March 1992 Stubblefield Sub-Standard Rt.330/City Creek Canyon Primary/Secondary Access Map) (See attached March 22, 1993 Partial Photolog of 1992 Stubblefield east/west Rt. 330 Massive Grading and Infrastructure Construction) Also attached hereto is the specific Council Agenda Item March 22, 1993 Stubblefield/City 50 year Development Agreement with attachments; and that remained the basis for, but not limited to, those used by the Planning, City Attorney, expert City Environmental Consultant review(s) and their recommendations to the DERC under the Stubblefield March 22, 1993 Application(s) for DERC approval of the applicable Stubblefield Initial Environmental Study(s)-Negative Declaration(s) on August 26, 1993, September 23, 1993 and October 7, 1993. (For Reference see attached Stubblefield/City 50 year Development Agreement and attachments for Rt. 330 Sub- Standard Access) Honest People not allowed to go forward by City/Planning/City Attorney Double Standard: In other words the City/Planning/City Attorney appears to have Double Standards. ONE: Full-Standard City Primary/Secondary Access for the Sterling Avenue Area with complete Supplemental Environmental Impact Report SEIR Environmental Review (Including the DFG), Improvement/Maintenance Cost provided for, and in accordance with the Full-Standard City Development Code are not allowed to go forward by sincere honest people's efforts to better the community; while TWO: the CITY/PLANNING/CITY ATTORNEY PROMOTES Stubblefield and City Rt. 330 East/West City Creek Canyon Sub-Standard Primary/Secondary Access, with HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 OHEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 IT RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 10 incomplete Environmental Review abuse, no City Planning/City Attorney notification to the DFG of Massive Grading and Bull-Dozing into the City Creek Streambed, the City pays all Stubblefield Sub-Standard Access Improvement Deficiency/Maintenance Cost therefore, and initiates Special Development Code Amendments that allows and approves of these abuses by others to be go forward projects under a City 50 year Development Agreement. Stubblefield "Mountain Shadows" Attorney also represents "Sterling Heights": At the May 18, 1993 Planning Commission meeting for the Sterling Heights SEIR and re-confirmation of the City Approved 1/22/86 Full-Standard Sterling Avenue Area Primary/Secondary Access and Landscape/Mitigation Planned with Improvement/Maintenance District(s), Stubblefield's attorney, Darlene Fischer Phillips, Esq., also represented Sterling Heights. Her applicable May 17, 1993 letter representation to the Commission was regarding extension of time and the prior November 7, 1990 Sterling Heights/Sterling Avenue Planning/City Attorney handling process for proposed alternative Sub-Standard Primary/Secondary Access at that time. November 7, 1990 Sterling Avenue Planning/City Attorney Process Used in Stubblefield Trial Sworn Testimony: Therefore, she submitted to the Planning Commission her May 17, 1993 letter charging City HYPOCRISY for now re-confirming on May 18, 1993 the prior City Approved 1/22/86 Full-Standard Sterling Avenue Area Primary/Secondary Access through the DAG required Planning/City Attorney properly handled SEIR process. The City Hypocrisy pictured in her letter was because the November 7, 1990 Planning/City Attorney Process for Sterling Heights Tentative Tract/FEIR (under the June 2, 1989 Updated City General Plan Hillside Management District) had been used in SWORN TESTIMONY to support the January 28, 1991 Stubblefield west Rt. 330 Mountain Shadows Trial. The result being the April 2 1991 Stubblefield $11.537 Million Damages Against the City for Violation of Rights. The Sterling Avenue Area Mishandling by Planning/City Attorney on November 7,1990: Depreciating "Economic Value" of 180 acre Sterling Avenue Area fallow City Property: The November 7, 1990 Sterling Heights/Sterling Avenue FEIR Process was mishandled by Planning/City Attorney as to the proposed Vacating of the City approved for construction 1/22/86 Dedicated Full-Standard Sterling Avenue Area Primary/Secondary Public Road Access with FEIR and Addendum. For the November 7, 1990 Planning Commission Documentation a small 15 Sycamore Tree area was misrepresented as Pristine, and must be saved, when it was in truth Burned Out, Valueless and a Hazard. This exaggerated misrepresentation was necessary in the attempt to justify circumventing the Improvement Cost of the 1/22/86 Full-Standard Dedicated Public Road Vacating and realignment, by an alternate narrow, winding Sub-Standard Primary/Secondary private easement access. This November 7 1990 proposed realignment circumvented the City Full- Standard 1/22/86 Dedicated City Primary/Secondary Public Road(s) Access to the 100 existing homes to the west, and RSA Access Property. These 1/22/86 Dedicated Sterling Avenue Area Public Road(s) improvements also fronted the fallow un-maintained City property (200 acres) 2800 lineal feet and thereby increasing it's Economic Value substantially. HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 11 Presence of the Deputy Attorney General Fortunate for Sterling Avenue Area Re-Evaluation: After re-evaluation of the prior November 7, 1990 Sterling Avenue Area mishandling by Planning/City Attorney, the DERC on April 15, 1993, Planning Commission on May 18, 1993 and City Council on May 24, 1993, approved re-confirmation and establishment of the City Approved 1/22/86 Dedicated Full-Standard Sterling Avenue Area Primary/Secondary Access and Landscape/Mitigation Plan with Improvement/Maintenance District(s). Fortunately, the presence of the Deputy Attorney General and Department of Fish and Game caused the proper Planning/City Attorney process. Warner Hodgdon/RSA had brought this mishandling and need for clarification to the attention of Planning and the DERC committee while On-Site at RSA-Secret Hollow Ranch December 19, 1991. Planning/City Attorney resisted and would not act until one year later on December 23, 1992 when the Planning/City Attorney expert Consultant, Tom Dodson and Associates, was retained to do the January 22, 1993 Final Report and Subsequent Sterling Heights/Sterling Avenue SEIR. The applicable SEIR Notice of Determination was filed with S.B. County and the State Office of Planning and Research, the effective date being July 3, 1993. Because of this DAG required proper handling, the City/DFG February 5, 1993 Sterling Avenue Area allegations become Moot. RSA Appreciates the Importance of Mayor Minor's Time: Thank you for agreeing to meet with Aaron and I for clarification and presentation of these Sterling Avenue Area and related facts to you. Realizin the h�e importance of your time, as promised I wrote this letter to expedite and document preparedness for our joint meeting. Incorporated herewith for your records is the titled: July 6, 1993 Draft Sterling Avenue Area Chronology and Background Actions with May 4, 1993 Arborist Report and Landscape Architect Plans, 3000 plant/tree species, and Cost Estimate for the Bio- Landscape/Mitigation Plan and Road Improvements ($1.2 Million). Included is the RSA 1991 Overall Illustration Aerial Plan of this Orchard Hills Urban Area and May 5, 1993 Sterling Avenue Area Landscape/Mitigation Plan (Bio-Resource Mitigation Plan) concurred in by the DFG and so referenced in your June 25, 1993 letter to Mr. McKinney, Esq. and October 1993 Photolog of Existing Conditions within the Sterling Avenue Area. For comparison of existing Development Entry Systems in other areas attached hereto is the 1991 Photolog found in the RSA May 5, 1992 Orchard Hills Enclaves Report to the City. (See attached July 6, 1993 Sterling Avenue Area Background Actions,Arborist Report and Landscape Architect Plans with 3000 plant/tree species and Cost Estimate) (See attached 1991 Overall Orchard Hills Sterling Avenue Area Illustrative Aerial Plan) (See attached 1991 Illustrative Sterling Avenue Area Security/Control Monitor Systems) (See attached May 5, 1993 Sterling Avenue Area Landscape/Mitigation Plan) (See attached October 1993 Photolog of the Sterling Avenue Area Existing Conditions) (See attached comparable existing Entry Systems Photolog in RSA May 5, 1992 Orchard Hills Enclaves Report to the City) HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 W A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 12 Common Council on May 24, 1993, Stubblefield demands a City Sub-Standard 50 year Development Agreement and received October 7, 1993 expert City Consultant/Planning/City Attorney/DERC approval for City Sub-Standard east Rt. 330/City Creek Canyon 20 acre property Primary/Secondary Emergency Access. This is a precedent for Stubblefield further Sub-Standard west Rt. 330 Frontage Road access. Small Home Builder Denied Differed Development Impact Fees (Michael John Enterprise): October 21, 1993 Council Action for Time Payment Development Impact Fees; and November 6, 1991 Wal-Mart Development Agreement $550 thousand DEFERRED Development Impact Fees: At the City/EDA October 21, 1993 Council meeting I clarified the fact that the November 6, 1991 City Wal-Mart Development Agreement, contiguous to Stubblefield "Mountain Shadows", written and scrutinized by the City Attorney, provided for $550 thousand of Deferred City Development Impact Fees to be collected by the City over a four year "Time Payment Plan". However, a small home builder, Michael John Enterpri ses, in the State College Redevelopment Project Area was denied the same DUE PROCESS by the City Attorney's representation of no enabling City legislation to do so on the October 21, 1993 Council Agenda. In other words, as proven by the November 6, 1991 City Attorney's Wal- Mart Development Agreement, the City's enabling legislation ability to consider A DEFERRED DEVELOPMENT IMPACT FEES PAYMENT PLAN is in effect and does not require added special City Enabling Legislation. October 21, 1993 City/EDA Change Order of$11,000 for Wal-Mart Development Agreement: City/EDA Highland Avenue Area Wal-Mart and Stubblefield Improvements $1.1 Million: In later reviewing the City Attorney's November 6, 1991 Wal-Mart Development Agreement and full-transaction further, I found that the Wal-Mart Interim Land Owner and contiguous Stubblefield Commercial property were to receive major Highland Avenue Area Improvement benefits in the City of San Bernardino and City of Highland, all paid for by the City/EDA i.e.: Curbs, Gutters, Street Paving, Boulder Avenue/Intersection/Signalization, Piedmont Drive/Intersection/Signalization, Small Canyon Storm Drain ($300 thousand) for Stubblefield upstream Development Impacts, and Stubblefield Highland Avenue Curb/Gutters, etc. ($100 thousand). These improvements have cost the City/EDA a total of $1.2 Million ±, not counting the additional City's $550 thousand Wal-Mart City Deferred Time Payment Plan. At the October 21 1993 City/EDA meeting another $11 thousand of City/EDA funding for Wal Mart/Stubblefield Highland Avenue Improvements was approved under a CHANGE ORDER to the Wal-Mart Development Agreement by the Consent Calendar and without Public Comment. City/EDA Wal-Mart/Stubblefield Improvement Costs have doubled by City Attorney SCRUTINY: The November 6, 1991 Wal-Mart Development Agreement, SCRUTINIZED by the City Attorney's Office was written and approved without any Maximum Upset Cost amount to the City/EDA for the Improvements benefits; and which were clearly represented at the November 6, 1991 Public Council Meeting not to exceed $550 thousand. Because of no maximum Up- Set Figure this City/EDA cost has doubled to $1.2 Million ±, and without any City/EDA provision for reimbursement. HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92.406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFF7UATE Page 13 Multi-Millions Profiteered by Interim Land Owner from City/EDA Wal-Mart Deal: Fail Bank and Government Loss: In addition, for Added Property Value to the Interim Land Owner and in contemplation of the overall Wal-Mart Highland Avenue property, on June 2, 1989 and November 6, 1991 the City had already twice re-zoned the overall 37 acre property from R-1 Single Family Residential to 30± acres of Commercial and 7± acres of Multi-Family Apartments. The City provided this major Added Value to the Development Land for the Interim Land Owner, who had just purchased the 37 acre single family property for $1 Million (.66 Cents per sq. ft.)from the Federal Saving Loan Insurance Corporation (FISLIC Failed Bank and Government Loss), November 6, 1991 City General Plan Amendment and CUP for Wal-Mart Commercial, Piedmont Drive and related Multi-Family Access: The out-of-town Interim Land Owner from Redlands smartly or otherwise out-foxed the City/EDA and City Attorney, and PROFITEERED multi-millions of dollars in a few accumulative months following the City's initial rezoning of the 37 acre Single Family property to Commercial frontage and back acreage to Multi-Family Apartments immediately contiguous to Stubblefield "Mountain Shadows" under the June 2, 1989 Updated General Plan and FEIR. As an added bonus, by November 6, 1991 the Interim Land Owner received City Planning Site Review for 112 Multi-Family Apartments (7 acre Multi-Family Land Value $2 Million) next to Stubblefield "Mountain Shadows" Mobil Home Owners and Piedmont Drive Access/Realignment by another concurrent City Planning Wal-Mart Development property General Plan Amendment (Added Commercial zoning by CUP to 30 acres) contiguous to Stubblefield "Mountain Shadows" commercial property. Ironically, 1987-1988 "Mountain Shadows" homeowner's opposition to Stubblefield's proposed 492 Moderate and Low Income apartments led, but not limited to, the State 1987 OPR required Moratorium, 1988 IPD and 1989 Updated General Plan, effective July 3, 1989. Multi-Million Dollar WINDFALL PROFITS and City/EDA Cost GIVE-A-WAYS: Caltrans Highland Avenue Improvements, Right-of-Way and Non-Access Pre- Relinquishment: Wal-Mart Development Agreement Siphoned Off other needed City Redevelopment Project Area(s): Access Benefit Price of $1.2 Million for Development Land "Added Value" Not Paid to the City: In truth, the Interim Land Owner left town with Multi-Million WINDFALL PROFITS. The City then threw in another $1.75 Million ± of City/EDA cost for Wal-Mart/Stubblefield Highland Avenue Area improvement give-a-ways, including City Deferred Time Payment of City Development Impact Fees. These City/EDA funds, under a questionable City/EDA Mutual Benefit Resolution, were then SIPHONED away from other In-Need Blighted Area City Redevelopment Projects miles away. By Caltrans Pre-Relinquishment Agreement or understanding the City received the old Rt. 330 Highland Avenue Street Improvements and right-of-way. It also appears that the City received the Caltrans non-access and limited access fronting Highland Avenue to the Wal- Mart Development Land and the City did not receive or request the "Access Benefit Price" HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 IT RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 ���VVVV A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 14 payment thereof for "Added Value" to the Development Land (30 acres (c) $1 per sq. ft. equals $1.2 Million). City/EDA Wal-Mart/Stubblefield $1.2 Million Improvement Cost spent in IVDA Project Boundary Area: Ironically, the Wal-Mart Development and Stubblefield minor square footage buildings fronting City/EDA $1.2 Million Highland Avenue Area Improvements cost are all in the Norton IVDA Redevelopment Project Boundary Area and now serve two fast food operations and the new BANK OF REDLANDS only. The major portion of the Wal-Mart Development 350,000 square foot buildings are not within the IVDA Incremental Revenue Project Boundary Area and there was no provision by the City Attorney in the Wal-Mart Development Agreement, including with the IVDA, for the needed IVDA Incremental Revenue Boundary Adjustment (projected $250m x 25 years/50% = $3.125 Million) or City/EDA $1.2 Million improvement cost reimbursement. Wal-Mart Development Agreement Mis-Handling Causes Multi-Million Windfall Profits: IVDA Lost Incremental Revenue $3.1 Million needed for Norton Job Loss: City/EDA Improvements $1.2 Million Cost for Non-Access waved Cost $1.2 Million Cost: Therefore, the City/EDA Redevelopment Project Area(s) miles away are negatively effected Economically; (1) $1.2 Million Loss from no IVDA/Stubblefield and/or City of Highland reimbursement agreement(s), (2) the City accepts a deferred Time Payment Plan and waits for it's $550 thousand Wal-Mart Development Impact Fees, (3) the $1.2 Million Development Land "Access Benefits Price" for City release of Highland Avenue Non-Access and Limited Access is not collected and/or waived by the City, (4) the IVDA Project Area Non- Boundary Adjustment causes the Loss of major Project Development Incremental Revenue (projected $250m x 25 years - 50% = $3.125 Million) needed to OFF-SET Norton AFB Economic/Job Loss support (27,000 Direct/Indirect Jobs and $1.8 Billion Economic Impact Loss). Further and because of this accrued City Attorney Mis-handling under the City/EDA Development Agreement, (5) the out of town Interim Land Owner reaps short term multi- million dollar WINDFALL PROFITS, sheltered from State/Federal Income Tax by using a 1031 Tax Fee Exchange. Development Agreement Mis-Handling Causes; $5.425 Million City/EDA/IVDA Cost/Loss: Certainly the Interim Land Owner does deserve a reasonable short term profit for the City having increased to Commercial and Multi-Family Land Use Values (30 acres and 7 acres) his recently purchased 37 acre single family Residential Zoned property which had non- access/limited access onto Highland Avenue. The Interim Land Owner does not deserve Multi- Million WINDFALL PROFIT further derived from the FISLIC and mis-handled City/EDA Multi Million Improvement Cost and other Losses. The City/EDA Improvements Cost $1.2 Million and waived "Access Benefits Price" of $1.2 Million ± equals a potential City/EDA Cost/Loss of $2.4 Million ±. The added IVDA Non-Boundary Adjustment Incremental Revenue Loss over 25 years is $3.125 Million. To this combined City/EDA/IVDA impact Cost/Loss of$5.425 Million the City gave the Wal-Mart Development deferred Time Payments (4 years rounded) for the differed City Development Impact Fees of$550 thousand. HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFFMATE Page 15 Honest Reality Check proves Wal-Mart Development Agreement "Glorified Bad Deal" with City Chasing Sales Tax and Utility Tax: In other words, by an honest Realty Check the overall Wal-Mart Development Agreement and related transactions are a GLORIFIED BAD DEAL and could have been easily structured properly in balance to City/EDA and Development equity. The City Chasing the redistribution of Sales Tax, Business License Fees and Utility Tax Revenues internally, and away from neighboring Cities, is mis-leading costly justification to the Public and becomes a CHARADE when so mis-handled. It is like Making Bubbles, for each one Blown Up many others are forced to Break. Public Revenues Shift, Deterioration and Behind Schedule Circulation: Stabilization of Norton Job Base Loss and Central Core Needed: This MASSIVE SHIFT of Commercial/Retail Development and Public Revenues to the east is primarily caused by local City Government's allowed Central Core Deterioration, and the tolerated endless completion time of the $136 Million Rt. 30/330 Freeway twenty five years behind schedule. The Shift includes the New Smiths/K-Mart 250 thousand sq. ft., Wal- Mart/Stubblefield 550 thousand sq. ft. and contemplated Target Stores Development 200 thousand sq. ft. for a total of one million square feet. This is equal to a Central City or Inland Center Mall. If structured properly the City Attorney the City/EDA/IVDA projected $5.425 Million impact Cost/Loss for the Wal-Mart/Stubblefield Development Area could have been unnecessary; and these Public Funds re-directed by the City/EDA/IVDA to economically stabilize the Norton Job Base and the Central Cores of the Highland Avenue Commercial/Retail/Residential. Instead there has been caused major Retail closings at 9th and Waterman, 40th Street, Highland Avenue and other forced retail shopper transfers by rampant inter-city deterioration. Wal-Mart Highland Avenue Agreement Scrutinized by the City Attorney: As legal counsel for both the City and the City/EDA, the City Attorney SCRUTINIZED these applicable Wal-Mart Development and other related Stubblefield Highland Avenue Area ' Improvement Agreements. His scrutinizing is validated by The Sun Editorial dated November 14, 1990, "Wal-Mart: Good deal made better" Quote: "In toasting a prospective deal to bring a Wal-Mart and other stores and restaurants to the corner of Highland And Boulder Avenues in San Bernardino, City residents owe gratitude to Councilman Michael Maudsley, the prime mover in negotiating the deal." "And City Attorney James Penman also deserves praise for insisting that the agreement be SCRUTINIZED by his staff before getting council approval." Out of Town Pirates make off with Multi-Millions from City/EDA Mis-Handling, while, Editorial Cartoons show POOPER SCOOPER and make a "Mountain out of a Manhole: The Sun related November 14, 1991 Editorial Cartoon depicted the City Attorney Penman sweeping-up the initial Wal-Mart Development Agreement mess behind Mayor HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 16 Holcomb's dog with a "POOPER SCOOPER" as the method of SCRUTINY for the Deal by Out of Town Pirates. On May 8, 1993 another nip-at-the-heels of related Editorial Cartoon humor made a "MOUNTAIN OUT OF A MANHOLE", which had nothing to do with the $1.2 Million Sterling Avenue Area Full-Standard Primary/Secondary Access and landscape improvements being paid for by local development. While at the same time the City Attorney/Planning is promoting Sub Standard Primary/Secondary Access for Stubblefield east Rt. 330/City Creek Canyon 20 acre property; i.e.: 480 High Density Apartments recommended by the City Attorney on July 15, 1991. Full Standard Sterling Avenue Access improvements were approved by the Council on May 24 1993 to encourage Capital Investment to stop existing; neighborhood Blight and continued Depreciation of every Citizens Home Equity. As part thereof, the only applicable City/EDA non-reimbursed commitment was for the City's prior March 11, 1991 Recorded Obligation given to protect a local Homeowner for Curb/Gutter/Sidewalk, costing $10 thousand, to stop flooding of their home. In lieu thereof the Chrzanowski family deeded their Right-of-way land to the City for no compensation. In cooperation on May 4, 1993 and June 20, 1993 the SBVMWD Committed to landscape/re-contouring and mitigation of their adjacent underlying Pipeline Easement as part of the remedial action also required to protect the Home. (See attached November 6, 1991 Article"S.B.City Council approved Wal-mart shopping center" (See attached November 14, 1991 Editorial: "Wal-Mart Good Deal Made Better") (See attached November 14, 1991 Editorial Cartoon: Holcomb Dog/Penman Scrutinizing) Prior Evaluation of Wal-Mart and Stubblefield Highland Avenue Area Deal: UNBELIEVABLY, prior to the City/EDA entering the November 6, 1991 Wal-Mart Development Agreement I was requested to evaluate the Economic Wisdom of the City/EDA contemplated $550 thousand Capital Expenditure considerations therefore, i.e. Highland Avenue Area Improvements and existing conditions. This City/EDA cost was ratified in the November 6, 1991 Sun article "S.B. CITY COUNCIL APPROVED WAL-MART SHOPPING CENTER". Quote: "The City will install $550,000 worth of street Improvements and realign the planned extension of Piedmont Drive, which would cut across the 24 acre site." (See attached November 6, 1990 Article titled: "S.B.Council Approved Wal-Mart Shopping Center") Windfall Profits pointed out to City/City Attorney prior to Wal-Mart Development Agreement: Accordingly RSA (Warner Hodgdon) prepared for the City purview, two Letter Report Books, Documentation and Photologs dated February 26, 1991 and subsequent Letter Report dated January 10, 1992 to Councilman Michael Maudsley and others. The potential Multi- Million Dollar WINDFALL PROFITS to the Interim Land Owners (acquisition cost $.66 per square foot and disposition Price after City Re-Zoning to Commercial/Apartment $5.50 per sq. ft.), Highland Avenue Non-Access/Limited Access $1.2 Million Development Land Added HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 IT RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMR.Y GROUP AFFMIATE Page 17 Value, and on top of that the City/EDA added $550 thousand Highland Avenue Area Improvement Cost considerations at that time were clearly pointed out for PRUDENT City/EDA City Attorney Action. (For Reference: See Front Pages only of Warner Hodgdon February 26, 1991 and January 10, 1992 Letter Report Books) SUMMARY: Wal-Mart/Interim Land Owner should not have been rewarded with Multi-Million Wind Fall Profits: Conceptual "Up-Grade" Architectural/Landscape treatment Illustrative Aerial Renderings to enhance the Wal-Mart Development Design were provided by RSA (Warner Hodgdon) to the City and Councilman Maudsley by February 26, 1992 Letter Report Book. The City Administrator had deep concern as to the Overall City Impact Cost/Loss and sterile Quality of Wal-Mart structures in other communities. The purpose of the Wal-Mart Village Illustrative renderings prepared for the City by RSA (Warner Hodgdon) was that in the event the project was approved with the represented 1991 City/EDA $550 thousand subsidy and Non/Limited Access cost waived and/or circumvented, but now both grown to $2.43 Million ±, the City could prudently require the Developer to create a "Quality Designed Project". However, these City/EDA subsidy funds and other inducements were used for the Interim Land Owner MULTI-MILLLION WINDFALL PROFITS leaving town and the resulting Sterile Buildings, poor landscape and equipment scattered flat roofs to be viewed from the Rt. 330 Scenic Drive, existing "Mountain Shadows" Residential/Mobile Home owners, Sycamore Heights, Carriage Hills and the future Highland Hills quality developments. In other words, the City/EDA/City Attorney were apprised of how to make an honest "Good Deal" they choose to GLORIFY themselves for the sake of MAKING A DEAL and in doing so made a pre-scrutinized sucker out of their Council Peers, Local Citizens and Business. City Attorney's July 15, 1991 Recommended Stubblefield 766% Density Increase/Apartments Inconsistent to the City July 3, 1989 Updated General Plan/FEIR and Inconsistent with the City Approved July 3, 1989 Highland Hills Homeowners Association Settlement Agreement: Also incorporated within my February 26, 1991 and January 10, 1992 Letter Report Books to the City was my related September 5, 1991 letter. This letter related to the contiguous Stubblefield "Mountain Shadows" $11.537 Million Damages against the City and July 15, 1991 Stubblefield 766% Density Increase and Highland Avenue Commercial Benefits recommended by the City Attorney; including the Wal-Mart Development Agreement PITFALLS to the City/EDA of creating Interim Land Owner WINDFALL PROFITS from the City/EDA paying the Highland Avenue Area Improvement Cost with other needed Project Area Funds. Currently Wal-mart/Stubblefield have received City/EDA Highland Avenue Area Improvement amounting to $1.2 Million ±. HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 W A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 18 My letter also pointed out that the City Attorney's July 15 1991 recommended Stubblefield 766% Density Increase, including, 480 high Density Apartments at east Rt. 330/City Creek Canyon 20 acre property was inconsistent with the City updated General Plan and FEIR effective July 3, 1989, and that it was also inconsistent with the City pproved July 3 1989 effective date of the integrated City/Highland Hills Homeowners Association Settlement Agreement. Rancho San Andreas North (RSA) Highland Hills Resort Golf Course with no multi-family is immediately contiguous to Stubblefield. The "Mountain Shadows" and "Highland Hills" Homeowners had previously opposed the 1986 Stubblefield proposed 492 Mountain Shadows Apartments and December 1987 Planning/City approved Highland Hills Apartments of others. Subsequent with RSA working with the neighborhood homeowners, Rancho San Andreas North (RSA) Highland Hills Plans of Development were considered and designated the Preferred Land Use Grandfathered and Incorporated into the July 3, 1989 Updated City General Plan and FEIR. RSA upholds Informed Giving to the City and Not Hidden Taking: Copies thereof were forwarded to the City Attorney's Office for his purview and response to RSA request for clarification, to which they would not respond, but not limited to, the City Attorney's recommended; (1) Stubblefield July 15, 1991 Density Increase (123 DU's to 793 DU's), (2) Highland Avenue/Storm Drain Improvements, (3) Stubblefield Waved Development Impact Fees, (4) Stubblefield Multi-Million Dollar Scheme for Rt. 330 Fill- Material Sale to Caltrans/Contractor, (5) Stubblefield 480 high Density Apartments at east Rt. 330/City Creek Canyon, (6) Stubblefield City Initiated General Plan Amendment, (7) Wal- Mart Development Windfall Profits, (8) Highland Avenue Non-Access and Limited Access Cost to Wal-Mart Development, (9) Wal-Mart City General Plan Amendment(s), (10) Related City and Superior Court approved July 3, 1989 City/Highland Hills Homeowners Association Settlement Agreement at No Cost or Loss to the City, (11) Stubblefield $11.5 Million Damages being "Grossly Excessive", and (12) the September 5, 1991 Warner Hodgdon letter forwarded to Councilman Maudsley and the City Attorney for the City Record requesting City clarification of their July 15, 1991 actions stated; Quote: "Because of lack of communication or any notice from others and the ambiguous way the July 15, 1991, City Council Agenda Item 38, July 23, 1991 and August 22, 1991, News Articles reported same, RSA Company felt that I should write you this letter for the City Record and request clarification. I am sensitive to these current City Actions and realize they may have been brought about by trying to face the STUBBLEFIELD CHARGES AND ATTACKS ON THE CITY. When the July 15, 1991, City Initiated General Plan Amendment becomes correctly understood by the Press, the Public and residents in the area, hopefully even greater litigation will not be caused. RSA Company is most anxious to help and as always remains constructively motivated by our family's committed belief. that INFORMED GIVING, and not HIDDEN TAKING, is to the mutual best interest of everyone." (See attached July 23, 1991 Article,"S.B. will rezone tract to halt Stubblefield Trial") (For reference: See Warner Hodgdon February 26, 1991 and January 10, 1992 Letter Report Books and Photologs RE:Wal- Mart City/EDA Cost$550 thousand) (See attached August 22, 1991 Article,"S.B.handed$291,164 bill in court fight against developer") Stubblefield should not be Rewarded for Inept Handling of $11.537 Million Damages: HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 T RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404.(714)883-0153 ���/// A WARNER W.HODGDON t& L t� FAMILY GROUP AFFILIATE Page 19 Stubblefield should not be rewarded for the City Attorney's inept handling of the April 2 1991 Stubblefield "Mountain Shadows" $11.537 Million Damages Against The City, and by the City now; (1) giving/allowing east/west Rt. 330 Sub-Standard Primary/Secondary Access, (2) accepting 50 year Stubblefield Development Agreements therefore and the City also accepting the Deficiency/Maintenance Cost and other liabilities thereof, (3) Highland Avenue Area Improvements giving/allowing City/EDA $400 thousand cost without reimbursement, (4) City Special Sub-Standard Primary/Secondary Access Development Code Amendment Legislation, (5) reduction of City Development Impact Fees (Multi Millions), and (6) west Rt. 330 44 acre Borrow Site and 500 thousand cubic yard ± to $2.5 Million Grading Plan schemes for unneeded Caltrans/Contractor Rt. 330 Fill Material sale, which in truth was for 80 underlying Mobil Home Lots not in compliance to the July 3, 1989 Updated City General Plan Hillside Management District, and west Rt. 330 Frontage Road Sub-Standard Primary Access without Full-Standard Improvements. RSA-Secret Hollow Ranch Sterling Avenue Area and Highland Hills Curtailed by City Attorney; but Sworn Testimony used in Stubblefield $11.537 Million Damages Trial: Accordingly, and beginning December 19, 1991, RSA has also been curtailed by the City Attorney, but not limited to, from being allowed the Titled and recorded Full-Standard Primary/Secondary Access to the Dedicated 1/22/86 Sterling Avenue Area. The former owner, Arrowhead Service Corporation was informed that the November 7. 1990 Planning/City Attorney handling of Sterling Heights/Sterling Avenue Area had Vacated their prior titled access this was later proved not to be true. The Planning/City Attorney's November 7, 1990 Mis-Handling of the Sterling Heights Tentative Map and attempt as part thereof to vacate this Dedicated Full-Standard Public Access for realignment by Sub-Standard Private Easement Access was used in the Stubblefield January 28, 1991 $11.537 Million Damages Trial. As further curtailment, but not limited to, on June 19, 1992 Warner Hodgdon/RSA allegations were made by the City Attorney for Massive Grading and Tree Removal within the 1/22/86 Dedicated Sterling Avenue Area and RSA-Highland Hills for roads, curbs, gutters, infrastructure (drains, pipelines, reservoirs) for House Lots and Apartment Pads. RSA did no such activity and the City Attorney's actions have curtailed RSA causing great Damages. City Attorney and Councilman Maudsley informed Widmeyer "Patton Hills and Stubblefield "Mountain Shadows" Massive Grading and Infrastructure Construction: Yet in truth, before December 23, 1991, Stubblefield had done the east/west Rt. 330 "Mountain Shadows" 283 acre Massive Grading and Infrastructure Construction (roads, drains, pipelines, reservoirs, Small Canyon Streambed); including by June 1992 the Bull- Dozing of Thousands of Boulders, Tons of Material, Debris, Trees and Stumps into the City Creek Canyon Streambed. These Stubblefield existing unpermitted activities are parallel to the existing and contiguous Widmeyer "Patton Hills" Massive Grading and Infrastructure Construction completed by September 1992. A major portion of these unpermitted actions were revealed to Warner Hodgdon (RSA) by Councilman Maudsley on December 23, 1991 and the City Attorney informed Warner Hodgdon of them on February 11, 1992. Councilman HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 \/ RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 20 Maudsley lives on Palm Crest Drive directly across from both Stubblefield and Widmeyer unpermitted Developments. Stubblefield "Mountain Shadows" Mobile Home owners held as Economic Hostages while the Wal-Mart Deal Siphons Windfall Profits out of the City: While the Stubblefield "Mountain Shadows" Mobil Home owners are held as local Economic Hostages by Stubblefield unconscionable and sophisticated lease agreements, Multi-Millions to the out-of-town Interim Land Owner in WINDFALL PROFITS have been siphoned out of the City by the November 6, 1991 Wal-Mart Development/Highland Avenue Area Agreements alone. This includes, but not limited to, the $1.2 Million ± City/EDA improvements Cost/Loss give-a-way, $550 thousand Deferred City Time Payments for Wal- Mart Development Impact Fees and the $1.2 Million ± Highland Avenue "Access Benefit Price" for the Non-Access/Limited Access Development Land "Added Value" thrown in by the City, on what little the Wal-Mart Developer/Land Dealers had to pay the City. City/EDA/IVDA Impact Cost/Loss $5.4 Million ± from Wal-Mart/Stubblefield Deal: On October 21, 1993 the City/EDA approved another $11 thousand Change Order addition to the $1.2 Million Wal-Mart/Stubblefield Highland Avenue Area Improvements on the consent calendar and without Public Comment. Ironically the Stu bblefield/Wal-Mart property fronting these Highland Avenue City/EDA Improvements are in the IVDA Redevelopment Project Area. The major Wal-Mart Development buildings are not within the IVDA Project Boundary and no boundary adjustment was provided by the City Attorney in the November 6, 1991 Wal-Mart Development Agreement to capture these added IVDA Incremental Revenues ($3.12 Million) needed to Off-Set Norton Job Loss and/or the City/EDA improvement cost reimbursement ($1.2 Million ±) to the financially strapped City Redevelopment Project Areas. The resulting total City/EDA/IVDA Impact Cost/Loss is $5.4 million ± not including the Wal-Mart Deferred City Development Impact Fees of $550 thousand over a four year Time Payment Plan. Roger's Bindery Commitment to remain in San Bernardino was induced by City/EDA Relocation Assistance: 800± Jobs with $10 Million Payroll: Local Businessman Threatened Foreclosure by City/FDA with no Valid State UCC Filing: At the same October 21 1993 City/EDA meeting approving another $11 thousand for Wal-Mart/Stubblefield $1.2 Million Improvements paid for by the City/EDA, a life long local businessman employing 800+ people at Roger's Bindery with a $10 Million Payroll was threatened to be FORECLOSED on for being behind $56 thousand in reported City/EDA Relocation Assistance payments. It is my understanding that the original 1983 City/EDA action was to be a full Relocation Assistance Inducement of approximately $500 thousand for Roger's Bindery to remain and expand Job Payroll in the City Project Area. City/EDA Relocation Assistance Inducement: HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMILY GROW AMUATE Page 21 Irrespective, Roger's has accrued in pay-back payments to the City/EDA of principle ($50 thousand ±) and interest ($250 thousand ±) for the total approximate amount of $300 thousand. Even this equation leaves a balance of only $200 thousand ± to the City/EDA now questionable loan. There is substantiation to the 1983 understanding of City/EDA for full Relocation Assistance Inducement without interest/principle reimbursement. The City Attorney's Office, acting as Legal Counsel to the City/EDA, must have recognized this, as they no longer continued required or make the applicable equipment collateral State UCC filing covering the City/EDA Relocation Assistance Inducement. To this the City/EDA now desires Mr. and Mrs. Imbriani to sign personal guarantees for City/EDA 1983 Relocation Assistance balance, that it appears they do not owe. City/EDA Consistency to Windfall Profits and Priority to Relocation Assistance Inducements: To be consistent the Council and the City/EDA Commission should take positive action to have the City Attorney stop and recapture the City/EDA Multi-Million Dollar improvement and other cost, used for WINDFALL PROFITS given away to the out of town Interim Land Owner and Wal-Mart/Stubblefield Development, and/or get personal guarantees for repayment thereof, including $550 thousand deferred City Development Impact Fees. These recaptured funds could be used to assist long committed Local Business Owners. IN FURTHER PERSPECTIVE to Roger's Bindery 1983 City/EDA Relocation Assistance Inducement and City/EDA participation, the City/EDA/IVDA recently approved a signed Agreement to the U.S. Government offering $100 Million ± for Relocation Assistance Inducement to obtain 4000 accounting office jobs to come to town on a 5 year Guaranteed Lease only. Roger's Bindery has been a LOCAL Company in business 27 years with 800 employee and $10 million payroll. In Ratio, Roger's Bindery should be given the same equal treatment as offered to the U.S. Government, under the same employee Ratio Roger's Bindery would be offered $20 Million, not threatened to close the firm down because the City/EDA fails to recognize their 1983 committed Relocation Assistance Inducement payment of $500 thousand, which has been voluntarily paid down by Roger's Bindery to approximately $200 thousand ±. Roger's Local Transportation Cost and City/EDA Investment Property and Utility Taxes: The Roger's Bindery 1983 commitment to stay and expand in San Bernardino was at the price of also facing major added future transportation cost in the monthly $50 thousand ' range. This is required because their major finished product distribution is in Orange and Los Angeles Counties. In addition to the questionable Relocation Assistance principle and interest payments of $300 thousand ± voluntarily paid by Roger's Bindery to the City 1983-1993 Roger's Bindery has paid hundreds of thousands of dollars to the City/EDA for Project Area Incremental Property Taxes and Utility Taxes. It is my understanding this now equates to approximately $100 thousand ear year in 1993. The CityJEDA watched the related U.S. Regional Post Office with 1500 employees move from South E Street San Bernardino to a new Multi-Million dollar facility in Redlands and since expanded. Gross Revenues are $550 Million ±, of which Roger's Bindery supports $140 Million thereof. A reasonable case could be made that without Roger's Bindery City/EDA 1983 Relocation Assistance Inducement for consolidation and expansion in the City/EDA project area, the new Regional Post Office may never have been built because without Roger's $140 million Postal Revenues generated the Regional Post Office would have operated at a Loss. HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146.ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER W,HODGDON FAMILY GROUP AFFMATE Page 22 Norton Direct and Indirect Job Loss 27,000 and No Re-Placement Jobs: The City/EDA/IVDA has watched from 1988-1993 27,000 Direct and Indirect Jobs Leave Norton AFB with $1.8 Billion Economic Impact Loss. After the fact the City/EDA/IVDA offered $100 Million to the U.S. Government for replacement of 4000 Jobs. They have currently spent over $11 million, while not confirming one replacement Job as yet. Roger's Bindery knows it business, it is only short of Capital caused by growing pains and Customer Failures effected by the Poor National Economy. City/EDA should not be shortsighted: The City/EDA should not be short sighted and run good local people through the public ringer and Community TV Channel for needless political purposes, and lack of City/EDA know how that could result in the demise of an existing viable Local Business. Rather than this unnecessary Public Display causing Roger's Bindery to lose business, Roger's Bindery should be offered a well thought out City/EDA Development Agreement structured for the reinforcement of the approximate 2300 Direct and Indirect existing Jobs effected over the long term. Roger's Bindery has struggled to stay in town and not leave; while Multi- Million Dollar Windfall Profits are thrown away by the City/EDA to out of town Pirates for $50 Billion Wal-Mart; and without personal wife and husband guarantees or thought of ever returning it. John Dukes California Street/Medical Center Drive Area Capital Investment $18 Million: City/EDA Community Hospital $8.5 Million Guarantee and $50 Million Capital Investment/300 Jobs: $18 Million Capital Investment and thousands paid to City/EDA Incremental Project and Utility Taxes: The John Dukes and City/EDA project loan matters in the related West California Street and Medical Center Drive Redevelopment Project Area were also discussed at the October 21, 1993 City/EDA Meeting. In perspective, Mr. Duke's development's Capital Investments have reached approximately $18 Million ±. These projects have greatly improved the quality of the area by 300 DU's ± and generated major City/EDA Public Revenues in terms of Project Area Incremental Property Tax and Utility Taxes alone. City/EDA $8.5 Million Relocation Inducement and Guarantee: More importantly, the City/EDA has just approved a November 1993 $8.5 million Loan Guarantee for the construction of a new Community Hospital Professional Building. The building is required as RELOCATION INDUCEMENT to have Physicians relocate their offices to the area and is vitally essential to support the Hospital's Economic present and future Economic Viability. Mr. Duke's previous years of hard work and commitment, at the encouragement of the City/EDA, has greatly encouraged the economic viability of this overall California Street and Medical Center Drive area. Thus creating a major environmental improvement to preserve the present and future resources to pay the existing $50 Million ± Community Hospital Debt Service, it's related hundreds of Jobs and new $8.5 Million Professional Building. The City/EDA Legal Counsel is the City Attorney, he did not snzest or HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO.CALIFORNIA 92404,Q14)883-0153 A WARNER W.HODGDON FAMR.Y GROUP AFFILIATE Page 23 require the personal HUSBAND AND WIFE GUARANTEES of the Hospital Board of Directors and Chief Operating Officer as part of their November 1993 $8.5—million requested Loan Guarantee from the City/EDA. In a productive perspective, Mr. Dukes and the City/EDA have worked together and more than paid their way by creating the $18 Million ± California Street and Medical Center Drive Area upgraded Residential Developments. What possible perspective could this be given in poor light compared to Multi-Million Windfall Profits thrown away by the City/EDA to out of town Pirates for $50 Billion Wal-Mart. The Sun's November 14, 1991 Editorial Scrutiny is Correct: Everyone agrees with the principle of The Sun's November 14, 1991 Editorial Staff's observation and "Pooper Scooper" Editorial cartoon depicting the City Attorney's Wal-Mart "Good Deal" Scrutiny. However, I believe the Council and Public should also carefully SCRUTINIZE these various City/EDA Development Agreements, including any future Settlement Agreement for the Stubblefield $11.537 Million Damages against the City before and after the City Attorney's further recommended approval(s). I have long admired the City Attorney's Qualities, which include years in working at the West Side Home of Neighborly Services on Mt. Vernon Avenue, going concurrently to the San Bernardino State College in the 1970's, graduating from Western Law School, passing both the Baby Bar and the California State Bar examinations to enter practice in the early 1980's, rise to his mid-1980's present position and strategy for perspective higher office beyond. Closed City Council Sessions are not for the City Attorney or r anyone else to hide '.'Bad Deals". Lets all work together openly, with knowledgeable minds. The City does not need costly Political Wheeling and Dealing, with the blighted deterioration of the overall City left behind, but honest Good Deals that help everyone and creates some Jobs. Deteriorating Neighborhoods and the City cannot Sustain Police/Fire 60% of Budget Cost: Productive Focus to well manage the existing residential neighborhoods before they are all lost and retention of the Job Base are essential. To combine this with the overall residential Quality of Life for the entire East Valley Community Area(s) growth is the required long term foundation for New Jobs and the appreciation of every Business, existing and future Citizen's Home Equity Values. Residential neighborhoods are the largest single personal capital investment and generation of Public Revenue Resources, i.e. it is good neighborhoods that retain existing Jobs and encourage New Jobs. If this neighborhood deterioration is not addressed immediately, government cannot hire enough Law and Fire Enforcement or even sustain the pay for those now equipped for service. The City Police and Fire Cost are 60%± of the total City Budget. My family's Community Interest concerns are to the total picture of accumulative negative effects occurring within the City, their drain on limited City Budget Resources and HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 24 curtailment of future Public Revenue Resources. An updated City Overall Physical, Fiscal and Legal Plan(s) of Development is pre-requisite to Promote Capital Investment and Long Term Positive Result. We stand available to receive your call response or to meet with you and others in Productive Focus. Sincerely, Warner W. Hodgdon CC: Mayor and Common Council Shauna Clark,City Administrator James F. Penman,City Attorney Al Boughey,Director of Planning and Building Services HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 ' RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFFILIATE WARNER W. HODGDON HEART BAR RANCH,ARROWHEAD SPRINGS POST OFFICE BOX 2146 M-1 SAN BERNARDINO.CALIFORNIA 92406 (714)881-1547 January 8, 1994 '���6 (71!)886-9962 Mr.James F. Penman City Attorney City of San Bernardino 300 North "D" Street San Bernardino,California 92418-0001 "For Your Purview"; RE: Warner Hodgdon December 11, 1993 letter to James F.Penman,City Attorney RE: Stubblefield $11.537 Million Damages Awarded Against the City April 2, 1991 for Violation of Rights to Build 492 Low and Moderate Income Apartments City and Superior Court Approved July 3, 1993'City/Highland Hills Homeowners Association Settlement Agreement �� City/DFG February 5, 1993 Allegations served; Warner Hodgdon/Rancho San Andreas Company (RSA) for, The Sterling Avenue Area and Highland Hills RE: James F Penman Civic Center Motel DA Campaign and Photographs December 23 1993 etc. Dear Mr.Penman: This letter and Deliverables are pursuant to my letter with documentation and photologs to you dated December 11, 1993 and delivered to your office December 23, 1993. Said December 11, 1993 letter included an itemized list of the RSA-Secret Hollow Ranch and Highland Hills 1988-1993 Inter-governmental Cooperation Chronology attached. As part of this letter I will address your December 23, 1993 Civic Center Motel D.A. Campaign Photographs and your intent to undertake the office of D.A. conveyed to me on February 11, 1992. (See attached RSA-Secret Hollow Ranch and Highland Hills 1988-1993 Inter-Governmental cooperation chronology) As part of my December 11, 1993 letter to you,delivered herewith under separate cover are the Deliverables under the titled Index of Related Correspondence for James F. Penman and Henry Empefio, Deputy City Attorney. As you know I had previously delivered to you other related Data and Documentation by my letter dated February 21, 1992 and following our February 11, 1992 meeting.The Index of previously forwarded February 21, 1992 Deliverables is also attached. (See attached December 11,1993 Index of Related Correspondence for James Penman and Henry Empeno) (See attached February 21,1993 schedule of letters,data and documentation to James Penman) James F. Penman Civic Center Motel D.A. Campaign Photographs December 23, 1993: On December 23, 1993 Judy Thompson, Chamber of Commerce Manager and her accompanying photographer spoke to me at the office of Freddie Spellacy, Realtor. After exchanging Season's best greetings Ms. Thompson related that they had just taken your picture in front of the Civic Center Motel Demolition at 7th and D street. She commented that the picture was for your upcoming D.A. campaign and that you had told them I had built the Motel. Under that explanation I was amused at what your political picture of and caption may say about me and asked her to inform HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CAL.ffORNIA 92406 > RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CAIIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 2 you that your statement concerning me was again not true. I owned the lot over thirty years ago and had acquired same in contemplation of building a professional office building. I sold the lot to Al Austin, Realtor and other prominent local investors and they built the Civic Center Motel. Unfortunately, the overall community has deteriorated and many of the Motels, other businesses and residential areas have followed. James F. Penman City Attorney, District Attorney and Governor: I was speaking with our mutual good friend Rene Jacober, Esq. on December 21, 1993 and you had just called him confirming your decision to run for office of DA. Rene overviewed your remarkable political acumen starting with you both attending San Bernardino State College together, mid 1980's strategy for City Attorney, 1980's strategy for District Attorney and your ultimate political goal to become Governor. He thinks highly of your ability to Garner Votes and I recognize this also. Councilman Strickler, Councilman Quiel and Brain Simpson, Esq. Strategy for Mid 1980's: I have known you through your 1970's west side Directorship of the Home of Neighborly Services, passing the bar and beginning law practice in early the 1980's. This is admirable. Then occurred the Mid 1980's strategy meeting for the office of City Attorney with Councilman Jack Strickler,Councilman Gordon Quiel and Brian Simpson's, Esq. at his office; and subsequently Brian s wife, Jeri, encouraging my wife's support, unknown to me. Your initial kick-off Nomination Fund Raiser was given at the home of Roger and Jaci Imbriani. Brian Simpson lead your advocacy at the time against 28 year incumbent City Attorney Ralph Prince. I note from your scrutinized November 6, 1991 Wal-Mart Development Agreement record and for Wal-Mart/Stubblefield Highland Avenue Area City/EDA $1.2 Million Improvements, that Mr. Simpson is also Stubblefield's Attorney. Please inform me if my understanding of this scenario and record is incorrect. Stubblefield and Highland Hills Settlement Agreements: Our February 11, 1992 joint meeting with Henry Empeno, Deputy City Attorney and William E. Leonard, was regarding, but not limited to, the July 3, 1989 City/Highland Hills Homeowners Association Settlement Agreement and your July 15, 1991 Stubblefield $11.537 Million Damages Settlement recommendations to the Council. Mr. Leonard is General Partner for Highland Hills Properties, a Ltd. Partnership, and part of the July 3, 1989 City/Highland Hills Homeowners Association Settlement Agreement. RSA acquired the property from Highland Hills Properties, Ltd. Partnership,in March 1990. Mr. Leonard is the Highland Hills PrQperties Ltd General Partner William Smith (deceased) was a General, Partner. Limited partners are: JgffLCti and Marvin Reimer, (Former Sun Publisher) Glen L. Davis. D.D.S.. Carl Hendricks.MD..Dr. Wilbur and Henrietta Eich. C. L.and Leona Bangsund. Martin and Margaret Match. Dr. Philip_ and Janet PppP and Dr. Elmer Hansen Penman February 11, 1992 Run for Office of District Attorney: Mr. Leonard and Mr. Empeno left the February 11, 1991 meeting, you requested that I remain and commented to me as to your forthcoming interest to run for the Office of District Attorney. You asked for my thoughts which I gave and they were reiterated as part of my February 21, 1992 letter to you. I have experienced and now read the culmination of your last two years of Campaign planning in The Sun Saturday. January 8 1994 and titled: "DA's Office attracts S.B. City Attorney-". The article points to your west side experience as a 1970's Police Commissioner Member and Director of the Home of Neighborly Services. Since our February 11, 1992 meeting, my previous February 21, 1992 letter thoughts to you regarding your DA aspirations remain valid. The statistics carried in the January 10, 1994 article: "S.B. Grant would add 23 officers", bring another perspective. With 4% Welfare and 17% unemployment/Compensation in the City the need is not for personal political crusades but productivity. HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 3 (See attached January 8, 1994 The Sun article: "DA's Office attracts S.B.City Attorney") (See attached January 10,1994 The Sun article:"S.B.Grant would add 23 officers") Penman requested Management Audit from Grand Jury June 19, 1992: It was interesting to read the related Wednesday, January 5, 1994 Sun Article titled, "S B. Attorney could save $500.000, audit suggest", and in which the former Mayor was credited with asking for a Grand Jury Audit of your office and the foreman not wanting to be involved with political infighting. As you know, it was your June 19, 1992 letter of complaint to the Grand Jury/District Attorney that requested their Investigation and Management Audit of both your and the Mayor's Office. The former Mayor attempted but could not get Council Approval for the Management Audit of his and your office. Ironically in your letter you also couched by untrue Evil Inferences my family's sincere direct support to and recognition of your past work at the Home of Neighborly Services. Your Mrsonal inferences were not true. After releasing your letter the Grand Jury's position not to become involved in such Politicization was stated in their September 9, 1992 letter to you,Quote: "In light of the City Attorney releasing the above referenced letter (Penman June 19, 1992) to the public on June 26,1992, the Grand Jury concludes a confidential examination of both the Executive and City Attorney office would be difficult. In addition,because of the public debate,the Co=laint has become a highly politicized issue. For these reasons the Grand Jury will not participate in an investigation of this complaint." "If the City of San Bernardino wishes to conduct an audit of these complaints raised in items I,H,and III,the Grand Jury would select an independent audit firm to conduct the investigation." (See attached January 5,1994 Article:"S.B.Attorney could save$500 thousand Audit Suggest) (See attached September 9,1992 Grand Jury letter to James Penman Re:Management Audit and Politicization) (See attached June 19,1992 James Penman letter of Complaint to the Grand Jury/District Attorney) Penman Comment of Unpermitted Stubblefield and Widmeyer Massive Grading June 19, 1992: You did not accept the Grand Jury's offer. As you know, Item II included in your June 19, 1992 Grand Jury letter referenced unpermitted Massive Grading for Roads, Curb, Gutter and Infrastructure Construction of drains, pipelines, reservoirs for House Lots and Apartment Pads also effecting Small Canyon and City Creek Canyon. You wrote that these unWrmitted House Lots and Apartment Pads cost the City hundreds of thousands of dollars in lost Development Fees. You had also informed me of this unpermitted Widmeyer "Patton Hills" and Stubblefield Mountain Shadows' Massive Grading and infrastructure construction on February 11, 1992. Warner Hodgdon or Rancho San Andreas Company had done no such activity in the Sterling Avenue Area or Highland Hills. Never-the-less you only wrote your follow-up June 19, 1992 letter of complaints about Widmeyer/Stubblefield to the Grand Jury/District Attorney and then followed by filing February 5, 1993 alleged issues only against Warner Hodgdon/RSA in the Sterling Avenue Area and Rt. 330/City Creek-Cook Canyon Highland Hills (Avenue) Area. It was not without coincidence to me to later learn that these two related Stubblefield areas had been used in contiguous SWORN TESTIMONY for the January 28, 1991 Stubblefield vs. The City Trial handled by your Deputy City Attorney, Henry Empeno, the result being Stubblefield awarded$11.537 Million Damages against the City. Mayor Holcomb impeding James F. Penman July 15, 1991 recommended Stubblefield Settlement to the Council. At our February 11, 1992 meeting and by my applicable February 6 and 21, 1992 letter's to you I had concerns regarding the handling of the 492 apartment site and Violation of Rights relative to HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 IT RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 4 do battle with him and others in every way. The April 15, 1991 Certified Council Minutes carry your recommended and applicable Stubblefield 766% Density Increase. (See attached April 15, 1991 Certified Council Minutes RE:Stubblefield 766%Density Increase and Settlement) City Outside Legal Counsel Cost Exceed $1 Million Violation of Rights/No Due Process: At your request I worked with RSA Legal Council to Settle other Law Suits against the City and City Ordinance difficulties you had. These were the January 14, 1988 Highland Homeowners Association Legal Action, the Save San Bernardino Legal Action challenging the July 3, 1989 General Plan,then John Edwins Major Claim in the Sterling Avenue Area and the Administrators Ordinance. At significant RSA time and expense I was pleased to resolve these major issues for the City and you. There was No Cost or No Loss to the City. I now understand subsequent outside legal counsel hired for the Stubblefield $11.537 Million Appeal alone for Violation of Rights has now cost the City over $1 Million. Most recently the City paid $400 thousand in Damages against you and the City for being found Guilty by the Federal Court of No Due Process in handling one of the Motel Development Code Enforcement Cases directed by you, and other similar No Due Process Cases are in Federal Court. James F. Penman the only Candidate, "Fight Crime Manager", RSA No Hidden Agenda: As represented to you on February 11, 1992 RSA or myself has no hidden agenda and therefore continues to keep you informed as best we can. This letter and Deliverables included. Like wise, your February 11, 1992 D.A. representations to me hold true, and you publicly announced on Saturday,January 8, 1994 your running for the incumbent District Attorney's Office as the only FIGHT CRIME MANAGER candidate. Lowell Lathrop was DA for 28 years before incumbent Dennis Kottmeyer, who has chosen to fulfill his term obligations only. There has been few elections in the County when both a new DA and new Sheriff ran for office concurrently as non incumbents. Fostered Bed of Crime a False Platform for Political Opportunism: It is not the long happening advent of our deteriorating community becoming a Mecca for Crime and the associated negative result that qualifies anyone already in office for larger olp itical focus. The real focus of need is caused from years of accumulated City deterioration and Socio/Economic blight resulting from the past overall poor inter-governmental management that has fostered this spreading bed of crime in current times. Thus, this Void creates a FALSE PLATFORM OF POLITICAL OPPORTUNISM for those responsible to ride the crest of crime as Saviors, and in reality at the on-going higher expense to every Business, Lost Jobs and all CITIZENS DEPRECIATING HOME EQUITY VALUES. Bleak Portrait of the City by acting Police Chief Wayne Harp: To prove my exact point, the current facts are carried in the January 10, 1994 The Sun "S.B. Grant would add 23 Officers". The applicable 1992 FBI Report points out: (1) the City is first in the State and 13th in the Nation for Crime, (2) the City's Tax Base can not support a major increase in the police budget, which now takes 42% of the total City Budget, (3) City unemployment is 16% and Welfare recipients total another 34%. The City Federal Grant Application is for a $1.9 Million Grant that takes $2.8 Million of added City Budget Funds to receive over a three year period. This totals $4.7 Million of Federal/City Funds and a major support for needed expenditure is defended by the City's rampant Job Loss. City Job Loss and No Replacement paints a "Bleak Portrait": Norton AFB Closure indirect and direct Job Loss was 27,000 and $1.8 Billion Socio/Economic Impact Loss. Since 1988-1994 not one replacement Job has been confirmed. In terms of Actin Police olice Chief Wayne Harp the above is a "Bleak Portrait" but what is needed to win a Federal Grant. In truth, HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153 A WARNER W.HODGDON FAMILY GROUP AFFILIATE Page 5 our City has been allowed to deteriorate so badly that the exodus of 2100 members of 10 major gangs, 874 parolees and 174 fugitives from other City's is now fostered by years of our own City's allowed li ht. These facts are found in the Sun January 10, 1994 article. (See attached January 10, 1994 Sun Article titled:"S.B.Grant would add 23 officers") Deteriorating Neighborhoods and the City cannot Sustain Police/Fire 60% of Budget Cost: Productive Focus to well manage the existing residential neighborhoods before they are all lost and retention of the Job Base are essential. To combine this with the overall residential Quality of Life for the entire East Valley Community Area(s) growth is the required long term foundation for New Jobs and the appreciation of every Business, existing and future Citizen's Home Equity Values. Residential neighborhoods are the largest single personal capital investment and generation of Public Revenue Resources, i.e. it is good neighborhoods that retain existing Jobs and encourage New Jobs. If this neighborhood deterioration is not addressed immediately, government cannot hire enough Law and Fire Enforcement or even sustain the pay for those now equipped for service. The City Police and Fire Cost are 60%± of the total City Budget. The Campaign Drain: Certainly your last two years of continuous preparation and the forthcoming singled-minded time required to campaign for DA is leaving the City with many problems and Multi-Million Dollar lawsuits to be resolved and paid for with City Public Funds. My family's Community Interest concerns are to the total picture of accumulative negative effects occurring within the City, their drain on limited City Budget Resources and curtailment of future Public Revenue Resources. This is pre-requisite to Promote Capital Investment and Positive Result. We stand available to receive your call, response or to meet with you and others in Productive Focus. Respectfully Submitted, Warner W. Hodgdon CC: Mayor and Common Council Shauna Clark,City Administrator Florentino Garza,Esq.,Garza&Reyes HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850 HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-01S3 A WARNER W.HODGDON FAMILY GROUP AFFILIATE