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HomeMy WebLinkAbout11-Development Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Subject: Public Hearings 4:00 p.m.-- Resolutions of Necessity for the acquisition of real property (3 parcels) Development Servin R 1 G 1 N ^ lIY eminent domain - extension of Campus Parkway U ~erly referenced as Pepper Linden Drive) north of Date: April 16, 2003 Kendall Drive. File No.15.02-1413 Synopsis of Previous Council Action: MCC Date: 05-05-2003 07/15/2002 - Allocation of $500,700 for the Phase I extension of Pepper Linden Drive, to be known as Campus Parkway, from Kendall Drive to Northpark Boulevard approved in the five- year CIP (Capital Improvement Program) Budget. 01/21/2003 - Resolutions of Necessity were adopted for acquisition of three parcels relative to the extension of Pepper Linden Drive. 03/03/2003- The Negative Declaration for street improvements to Pepper Linden Drive from Kendall Drive to Northpark Boulevard and installation of traffic signal at Pepper Linden Drive and Kendall Drive, was adopted. From: James Funk, Director Dept: Recommended Motion: 1. That the Public Hearing relative to partial acquisition ofright of way, slope and drainage easement for APN 0261-231-06 (McGrew) be closed. AND 2. That the Public Hearing relative to partial acquisition of a slope and drainage easement for APN 0261-231-07 (Haensly) be closed. AND 3. That the Public Hearing relative to partial acquisition of a slope and drainage easement for APN 0261-231-27 (Sehremelis) be closed. AND 4. Adopt Resolutions (3) ~F~ James Funk Contact person: LASZLO ULes" FOGASSY Phone: 5026 Supporting data attached: Staff Report, Env. Docs. Ward: 5 NotIces (J ), ResolutIOns (J) $96,080 (0261-231-06) $ 1,450 (0261-231-07) FUNDING REQUIREMENTS: Amount: $ 1,750 (0261-231-27) Source: (Acct. No.) 126-369-5504-7007 (Acct. Description) Gas Tax Fund Finance: Council Notes: ~ ,i,iZro.s-IO'1 2<.10 3-- \ , 0 '2ffi3- \ \ , Agenda Item No. II 5' It 1 jit3 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Public Hearings 4:00 p.m.-- Resolutions of Necessity for the acquisition of real property (3 parcels) by eminent domain - extension of Campus Parkway (formerly referenced as Pepper Linden Drive) north of Kendall Drive. BACKGROUND: On July 15,2002, the five year CIP (Capital Improvement Program) was approved. Among the various proj ects identified in the CIP for FY 2002/2003 is the construction of a street extending from Kendall Drive to Northpark Boulevard. The proposed street was referenced in the budget as the extension of Pepper Linden Drive. At the suggestion of California State University, the new street has been renamed Campus Parkway. This street is needed to lessen the present and anticipated future traffic impact to and from the University. The first phase of the project includes the acquisition of right of way and appurtenant easements, the construction of one traffic lane in both directions, and the installation of a traffic signal at the intersection of Kendall Drive and Campus Parkway. Future phases will include the addition of two additional lanes of traffic, sidewalk, median and landscaping. Ultimately, the street will allow access to the University from the 1-215 Freeway and the proposed 1-210 Freeway some time in the future when funding becomes available. The design of this portion of Campus Parkway has been completed and partial acquisitions across three parcels will be needed. An appraisal for the three parcels was prepared by the firm of Len Perdue and Associates. The first parcel, (APN 0261-231-06), consists of street and highway and slope and drainage easements. The remaining two parcels (APN 0261-231-07 and 0261-231-27), only require slope and drainage easements to facilitate the extension of the street through the hill which is located at the rear of the parcels. On October 7, 2002, three resolutions were adopted determining the fair market value for the acquisitions as follows: Resolution No. 2002-318 2002-319 2002-320 Total Parcel No. 0261-231-06 0261-231-07 0261-231-27 Value $96,080 $ 1,450 $ 1.750 $99,280 All three property owners have been contacted by the City and informed of the City's intent to acquire the necessary easements and offers have been made to acquire the necessary right of way or slope easements. ) Staff Report-cont'd On January 21, 2003, a public hearing was held and Resolution Nos. 2003-28, 2003-29 and 2003-30 were adopted, determining the necessity for this project. This action was the first step for condemnation proceedings. The City Attorney's office has advised us that the Resolutions of Necessity should have been adopted after environmental approval under CEQA. On May 6, 2002, an Initial Study was prepared for the acquisition of right of way and construction of street improvements to Pepper Linden Drive (now Campus Parkway) and the installation of a traffic signal at Pepper Linden Drive (now Campus Parkway) and Kendall Drive. A copy of the environmental documents are attached for reference. The Resolutions of Necessity are being submitted again for your action. The owners of the property involved have been notified of the public hearing. A copy of the notices sent is also attached for your reference. Upon approval of these resolutions, the City Attorney's office can proceed with the condemnation action. FINANCIAL IMP ACT: $99,280 to be paid for from the Gas Tax Fund, Account No. (126-369-5504-7007), approved in the five-year CIP budget. ($96,080 for APN 0261-231-06; $1,450 for APN 0261-231-07; and $1,750 for APN 0261-231-27). RECOMMENDA nON: Close the public hearings(3) and adopt resolutions (3) THE SUN 399 North a D"Streel San Bernardino, CA 92401 (9091397-3986 LINDA DORTCH SAN BERNARDINO CITY DEVELOPMENT SERVICE 300 NORTH D ST #300 SAN BERNARDINO, CA - 92418 PROOF OF PUBLICATION (2015.5 C.C.P.I Stale of California ) County of San Bernardino ) ss Notice Type: GPN GOVT PUBLIC NOTICE Ad Description: CONDITIONAL USE PERMIT NO. 01-23 I am a citizen of the United States, over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the representative of the printer and publisher of The Sun, a daily newspaper printed and published in the English language in the City of San Bernardino, County of San Bernardino, and adjudged a newspaper of general circulation as defined by the laws of the Stale of California by the Superior Court of the County of San Bernardino, State of California, under dale June 20, 1952, Case No. 73084. That the nOlice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thE:: -."f ~"'I the following dales, to-'Nit. 07/17/02 Executed on: 07/17/2002 AI Los Angeles, California I certify (or declare) under penalty of pe~ury that the foregoing is true and correct. -'\ \ \0 \ l,J\ ----- - Signature T~ls space lor fllong Slamp only ,-., ." ".1trn I:=- " :."-:c I) Ij -.r ~.'_.j . ,-~.: ,__ '" S.:H\/ICES SBS#: 418683 __J:D::J.n~ "'.... CITY OF SAN BERNARDINO NOTICE OF 1NTan' TO ADOPT A NEGAnvE DEct.AAA TION OF ENVIRONMENTAL "ACT Tne City of SIIn &em.rQlno ~..; 10 -=-~.: ~~helDrEn~~_~ ReView CammftIee Iound that the protects .... not ~a~te<<.::tQfl the eh.~_..,_t on Iha ~..... "'.....:::::.."""... ""{ req to r~... axisting va stIIlton- by feoonstruc:lln; dw ~ of "'~~.n :'e~ of -r- ...u: repoaldonlng Iha ~ ..'-'G. reIocaIng "- propane IMk end telephone to Iha north side of the rou~'~-:'~ off VKUUfIl _a. Tlte groj,ad: ~ IoQIted at 1880 !s. 'Mt.. V...... Av.nue In !he CG-1. Commercial G-w -.a use district. (Pre-.pplealion Reytew No. 01-11) EfIvironmentel Oetermlnlrtion: Pmpo.ed -..... - """,",- Owner. ZakoriIo A. Hagg"'ll _'" RAMCAM__ APN: 0281.243-1.1 I Ward: 1 P"!!!.1!i ~K. ~<ln.-oi Po . ."1tJL- Driwo from Ke., ~Io~ =~~ I ~: PropoMd NegativeDedae"atlon ' QwnefIApplQnt City fit s.n , Bernardino APN:NlA I Wan:I:5 The Initial StudlM era avaHable lor public r..n.w _I the Planning DIvIIlon, CIly Hell, 300 NOrth "0'" Street. 1 ~: ~.=:: 555 WMt 6th ~Veet, &In i =~c.~: ~~\/~obll~~ 4:00 p.m. on August t6. 2002. "youdonot~: in writing, _ will --.me I thai you have no -~1on8 IndlOf recommend8tiDna on . the IIboIIe PI"OkM:ta. The' CommldM . will review ' :::=-nw ~ ::: i tecommel'ldation .. h E,WKOrwnerul RevlMw Committee mee1Ing of ~i1\~~~2, 2002. sas- 4tH&>> ~ 'v7i"'i7107 SB5- 4186~ *,t' S-/1r--6'3 CITY OF SAN BERNARDINO NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT The City of San Bernardino proposes to adopt a Mitigated Negative Declaration for the following projects. The Environmental Review Committee found that the projects will not have a significant effect on the environment on the basis of the Initial Study and mitigation measures. CONDITIONAL USE PERMIT NO. 01-23 - A request to renovate an existing gas station by reconstructing the fa~ade of the building, adding an additional 800 square feet to the rear of the station, repositioning the fuel islands, relocating the propane tank and telephone to the north side of the property, and constructing four car washes and a dry off vacuum area. The project is located at 1880 S. Mt. View A venue in the CG-I, Commercial General land use district. (Pre-application Review No. 01-11) Environmental Determination: Owner: Applicant: APN: Ward: Proposed Mitigated Negative Declaration Zakoria A. Haggag RAMCAM Corp. 0281-243-11 I PUBLIC WORKS PROJECT NO. 01-03 - Street improvements of Pepper Linden Drive from Kendall Drive to Northpark Boulevard. Environmental Determination: Owner/Applicant: APN: Ward: Proposed Negative Declaration City of San Bernardino N/A 5 The Initial Studies are available for public review at the Planning Division, City Hall, 300 North "D" Street, San Bernardino, California, and the Feldheym Library, 555 West 6th Street, San Bernardino, California. Any environmental comments you have should be received in this office no later than 4:00 p.m. on August 16, 2002. If you do not respond in writing, we will assume that you have no opinions and/or recommendations on the above projects. The Committee will review comments received and make its final recommendation at the Environmental Review Committee meeting of August 22, 2002. SUBMITTED ON: July 11,2002 PUBLISH ON: July 17,2002 Please reference "DRClNeg Dee" on the billing and send to the City of San Bernardino, Development Services Dept., Planning Division, 300 North "D" Street, San Bernardino, CA 92418. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: James Funk, Director Subject: Public Hearings 4:00 p.m.-- Resolutions of Necessity for the acquisition of real property (3 parcels) Dept: Development Services by eminent domain - extension of Campus Parkway (formerly referenced as Pepper Linden Drive) north of Date: April 16, 2003 Kendall Drive. File No.15.02-1413 Synopsis of Previous Council Action: MCC Date: 05-05-2003 07/15/2002 - Allocation of $500,700 for the Phase I extension of Pepper Linden Drive, to be known as Campus Parkway, from Kendall Drive to Northpark Boulevard approved in the five- year CIP (Capital Improvement Program) Budget. 01/21/2003 - Resolutions of Necessity were adopted for acquisition of three parcels relative to the extension of Pepper Linden Drive. 03/03/2003- The Negative Declaration for street improvements to Pepper Linden Drive from Kendall Drive to Northpark Boulevard and installation of traffic signal at Pepper Linden Drive and Kendall Drive, was adopted. Recommended Motion: I. That the Public Hearing relative to partial acquisition of right of way, slope and drainage easement for APN 0261-231-06 (McGrew) be closed. AND 2. That the Public Hearing relative to partial acquisition of a slope and drainage easement for APN 0261-231-07 (Haensly) be closed. AND 3. That the Public Hearing relative to partial acquisition of a slope and drainage easement for APN 0261-231-27 (Sehremelis) be closed. AND 4. Adopt Resolutions (3) ~F~ James Funk Contact person: LASZLO "Les" FOGASSY Phone: 5026 Supporting data attached: Staff Report, Env. Docs. Ward: 5 NotIces (3), ResolutIOns (3)$96,080 (0261-231-06) $ 1,450 (0261-231-07) FUNDING REQUIREMENTS: Amount: $ 1,750 (0261-231-27) Source: (Accl. No.) 126-369-5504-7007 (Accl. Description) Gas Tax Fund Finance: Council Notes: Agenda Item No. J.~ 5 JS} 03 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Public Hearings 4:00 p.m.-- Resolutions of Necessity for the acquisition of real property (3 parcels) by eminent domain - extension of Campus Parkway (formerly referenced as Pepper Linden Drive) north of Kendall Drive. BACKGROUND: On July 15,2002, the five year CIP (Capital Improvement Program) was approved. Among the various projects identified in the CIP for FY 2002/2003 is the construction of a street extending from Kendall Drive to Northpark Boulevard. The proposed street was referenced in the budget as the extension of Pepper Linden Drive. At the suggestion of California State University, the new street is proposed to be named Campus Parkway. This street is needed to lessen the present and anticipated future traffic impact to and from the University. The first phase of the project includes the acquisition of right of way and appurtenant easements, the construction of one traffic lane in both directions, and the installation of a traffic signal at the intersection of Kendall Drive and Pepper Linden Drive. Future phases will include the addition of two additional lanes of traffic, sidewalk, median and landscaping. Ultimately, the street will allow access to the University from the 1-215 Freeway and the proposed 1-210 Freeway some time in the future when funding becomes available. The design of this portion of Campus Parkway has been completed and partial acquisitions across three parcels will be needed. An appraisal for the three parcels was prepared by the firm of Len Perdue and Associates. The first parcel, (APN 0261-231-06), consists of street and highway and slope and drainage easements. The remaining two parcels (APN 0261-231-07 and 0261-231-27), only require slope and drainage easements to facilitate the extension of the street through the hill which is located at the rear of the parcels. On October 7, 2002, three resolutions were adopted determining the fair market value for the acquisitions as follows: Resolution No. 2002-318 2002-319 2002-320 Total Parcel No. 0261-231-06 0261-231-07 0261-231-27 Value $96,080 $ 1,450 $ 1.750 $99,280 All three property owners have been contacted by the City and informed of the City's intent to acquire the necessary easements and offers have been made to acquire the necessary right of way or slope easements. Staff Report-cont'd On January 21, 2003, a public hearing was held and Resolution Nos. 2003-28, 2003-29 and 2003-30 were adopted, determining the necessity for this project. This action was the first step for condemnation proceedings. The City Attorney's office has advised us that the Resolutions of Necessity should have been adopted after the environmental approval. On March 3, 2003, the Negative Declaration for street improvements to Pepper Linden Drive and the installation of a traffic signal at Pepper Linden Drive and Kendall Drive, was adopted. A copy of the environmental documents that were submitted and approved are attached for reference. The Resolutions of Necessity are being submitted again for your action. The owners of the property involved have been notified of the public hearing. A copy of the notices sent is also attached for your reference. Upon approval of these resolutions, the City Attorney's office can proceed with the condemnation action. FINANCIAL IMPACT: $99,280 to be paid for from the Gas Tax Fund, Account No. (126-369-5504-7007), approved in the five-year CIP budget. ($96,080 for APN 0261-231-06; $1,450 for APN 0261-231-07; and $1,750 for APN 0261-231-27). RECOMMENDATION: Close the public hearings(3) and adopt resolutions (3) DEVELOI"U:NT SERVICES DEPARTMENT 300 North "D" Street' San Bernardino' CA 92418-0001 Planning & Buildin, 909.384.5057. Fax: 909384,5080 Public Works/Engineerin~' 909.384,5111 . Fax: 909384,5155 www.ci.san-bernardino.ca.us Aprill7.2003 File No, l5.02-l413A SENT CERTIFIED MAIL Everett E. and Aldona R. McGrew 2358 Kendall Drive San Bernardino, CA 92407 REo' The extension of Campus Parkway (formerly referenced as Pepper Linden Drive), north of Kendall Drive - Acquisition of a portion of APN 0261-231-06 Dear Property Owners: You were previously sent a Notice of Intent regarding the City's proposed acquisition of a portion of your property relative to the extension of Pepper Linden Drive (to be known as Campus Parkway) and on January 21, 2003, a hearing was held before the Mayor and Common Council relative to the proposed acquisition. At the conclusion of that hearing. a Resolution of Necessity was adopted. Since the environmental documents were not approved at that time, the Resolution of Necessity must be resubmitted to the Mayor and Council for consideration. A Negative Declaration for this project was approved by the Mayor and Council on March 3, 2003. The attached Notice of Intent gives you an opportunity to appear before the Mayor and Common Council at the regular scheduled meeting of May 05. 2003, and raise questions concerning the public interest, necessity and location of the project as it affects your property. The subject of the amount of compensation for your property is not an issue for the Mayor and Common Council and will not be considered by them. If the resolution is adopted, the City has the authority to file an eminent domain action in the Superior Court. In that Superior Court proceeding, the amount of compensation is determined. April 17,2003 McGrew Extension of Campus Parkway (Pepper Linden Drive) Page 2 If you desire to appear before the Mayor and Common Council, please submit your request to appear, as stated in the attached Notice. Please call this office at (909) 384-5026 or (909) 384-5111 if you need additional information. Sinc" er~y, J 'c' I ,~ / I .,?--- ,~{t1 L < LASZLO "Les" FOGASSY, Real Property Supervisor cc: "Joe" V.C. Suarez, Council Member, Fifth Ward Henry Empefio, Deputy City Attorney RNARDINO 300 NORTH "0" STREET, SAN BERNARDINO, CALIFORNIA 92418 SAN BERNARDINO CITY COUNCIL NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure, Section 1245.235) To: Everett E. McGrew Aldona R. McGrew 2358 Kendall Drive San Bernardino, CA 92407 California Code of Civil Procedure, Section 1240.030, provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: (a) The public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Section 7267.2 of the Government Code has been made to the owner of record. YOUR ARE HEREBY NOTIFIED that the Mayor and Common Council at their meeting to be held on May 5, 2003, will be asked to decide if the above conditions are met concerning your property and, if so, to adopt a Resolution of Necessity. The Public Hearing portion of the City Council meeting begins at 4:00 p.m., or as close to that time as possible, in the Council Chambers, City Hall, 300 N. "D" Street, San Bernardino, California. Questions concerning the amount of compensation to be paid are not a part of this proceeding and the Mayor and Common Council do not consider such in determining whether a Resolution of Necessity should be adopted. The adopted Resolution will authorize the Mayor and Common Council to acquire the property by eminent domain. A description of the required property is attached to this Notice and is marked Exhibit "A" and shown on a plat map marked Exhibit "B". If you file a written request to appear, which must be done within 15 days of the mailing of this Notice, you are entitled to appear and object to the adoption of the Resolution. Objections are limited as set forth below. All requests to appear must be sent or delivered for filing to the City Clerk, City of San Bernardino, 300 N. "D" Street, San Bernardino, CA 92418. The written request must actually be on file within the IS day period. Failure to file a written request results in a waiver of your rights to appear and be heard. Your written request to appear should include a statement of condition(s) which you feel are pertinent to your property. The three conditions which may affect your property are set forth above (designated (a), (b) and (ell. By designating which condition forms the basis of your concerns, and why, you will enable the Mayor and Common Council to have a full and expeditious review made of the projects effect on your property. For your convenience, the Mayor and Common Council will consider any written observations you may wish to submit, so long as such written observations are filed with the City Clerk within the IS day period. The Mayor and Common Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within 6 months of the adoption of the Resolution of Necessity, the City will commence eminent domain proceedings in the Superior Court in San Bernardino County (where the property is located). In that proceeding, the court will determine the amount of compensation to which you are entitled. If you have any questions, please call this office at (909) 384-5026 or (909) 384-5111. Date of Notice: ApTil17, 2003 LASZLO "Les" FOGASSY, Real Property Supervisor EXHIBIT" A" LEGAL DESCRIPTION FOR A PORTION OF PEPPER LINDEN DRIVE, NORTHERL Y OF KENDALL DRIVE. APN: 0261-231-06 McGREW That portion of Lot 14, Tract No. 2404, as per plat thereof recorded in Book 34 of Maps, pages 52 and 53, records of the County Recorder of San Bernardino County, State of California, described as follows: PARCEL ONE: An easement for street and highway purposes, and appurtenant facilities, being a portion of a strip ofland, 100 feet wide, lying within said Lot 14, the centerline of which is described as follows: Beginning on the centerline of Kendall Drive, distant thereon 1010.28 feet from its intersection with the centerline of Deerfield Street, as said street is delineated on the Map of Tract No. 10647, as per plat thereof recorded in Book 159 of Maps, pages 39 and 40, records of said County; thence North 320 06' 26" East, a distance of225.00 feet, to a tangent curve, concave southeasterly, having a radius of 1850.00 feet; thence northeasterly, along said curve, through a central angle of2 I 039' 01', an arc distance of 699.1 I feet to the point of termination. The sidelines of said easement shall be lengthened or shortened as to commence on the southwesterly line of said Lot 14 and terminate on the northeasterly line of said lot 14. Contains 12,517 square feet, more or less. PARCEL TWO: An easement for street and highway purposes, and appurtenant facilities, described as follows: Beginning at the most westerly corner of said Lot 14, said point also being on the northeasterly line of Kendall Drive, having a half-width of 40 feet; thence North 320 15' 50" East, along the northwesterly line of said Lot 14, a distance of34.79 feet; thence South 120 48' 52" East, a distance of35.1 1 feet; thence South 32015' 50" West, a distance of 10.00 feet, to the southwesterly line of said Lot 14 and said northeasterly line of Kendall Drive; thence North 570 44' 10" West, along said southwesterly line, a distance of24.86 feet, more or less, to the Point of Beginning Contains 557 square feet, more or less. PARCEL THREE: An easement for slope and drainage and appurtenant facilities, lying within said Lot 14, being southeasterly of the southeasterly line of Parcel one, described above, and northwesterly of the following described line: Commencing at the most westerly corner of said Lot 14, said point also being on the northeasterly line of Kendall Drive, having a half-width of 40 feet; thence North 320 15' 50" East, along the northwesterly line of said Lot 14, a distance of 34.79 feet to the True Point of Beginning; thence South 12048' 52" East, a distance of7.35 feet; thence North 340 43' 52" East, a distance of 115.9 feet; thence North 35054' 05" East, a distance of 115 feet; thence North 400 33' 32" East, a distance of 140 feet; thence North 44036' 51" East, a distance of 133 feet; thence North 38036' 36" East, a distance of33 feet; thence North 31039' 50" East, a distance of28 feet; thence North 240 48' 15" East, a distance of 34 feet; thence North 11005' 29" West, a distance of 8 feet; thence North 390 41' 02" East, a distance of 6.16 feet; thence North 690 37' 45" East, a distance of 33.57 feet; then South 760 56' 51" East, a distance of 20.61 feet, more or less, to the southeasterly line of said Lot 14; thence North, along said southeasterly line, a distance of 44.28 feet, more or less, to the northwesterly comer of said Lot 14; thence northwesterly, along the northeasterly line of said Lot 14 to the southeasterly line of the easement described in PARCEL ONE above; thence southwesterly, along said southeasterly line, to said northwesterly line of Lot 14; thence southwesterly, along said northwesterly line to the True Point of Beginning. Contains 13,942 square feet, more or less. / -.. See ( \ Derail"A" I PARCEL TWO - I POB ~ --N--s'r44"'Oi"-W---P'- 1~10.2~'~tL D~ERFI~L~S_TREE~_____ ~ (P:'O~o., KENDALL DRIVE MAP NO.1 N 64" 50 59' W - PARCE ONE ~ rf o' ~":> c> <:, 'V -<- ,'If ~ ~. <Q' ~O~. g/ 0' WI 0::' ...1 0, ~I N' 8/ 50' , I 17 , -! J.f ,... , -16 ! I wj , , cD "'10 . 0 cD, . ol~ N'" t'), zl G\0 't;'>o'=,c r 24.07, 1,.,.---.../ /1 ~/ I - , ::/ 81, j/ a PARCEL THREE 135' w ~'" ~~ -~ . M N M Z @ N57'44'10'W 2486', P08 (p.r. T/1ree) Detail. A. (N. T.S.) Right of Way Parcel One: 12,517 sq. h. t Parcel Two: 557 sq. h. t Total RNV: 13,074 sq. h. t Slope and Drainage Easement 13,942 sq. ft. :l: LINE DATA A N34'43'52"E 115.9' B N 35' 54' 05" E 11500' C N 40' 33' 32" E 14000' D N 44' 36' 51" E 133.00' E N 38' 36' 36" E 33.00' F N31'39'50"E 28.00' G N 24' 48' 15" E 34.00' H N 11" 05' 29" W 8.00' I N39'41'02"E 6.16' J N 69' 37' 45" E 33.57' K S 76' 56' 51" E 20.61' ,. b ~" ~o - 0 ,,- M '" Proposed Right of Way and Slape Easement - Portion of Pepper Linden Drive, Northerly of Kendall Drive (APN 0261-231-06) CITY OF SAN BERNARDINO PUBLIC WORKS/ENGINEERING REAL PROPERTY SECTION Created by: ~ Date: tl or- Approve Date: Checked by: Date: EXHIBIT "B" Revised by: Date: DEVELOP" lENT SERVICES DEPARTMENT 300 North "D" Streel . San Bernardino' CA 92418-0001 Planning & Buildin, 909.384.5057. Fax: 909.384.5080 Public Works/Engineering 909.384.5111 . Fax: 909.384.5155 www.ci.san-bernardino.ca.us ~t,' April 17. 2003 File No. 15.02-1413B SENT CERTIFIED MAIL Jean Haensly 2340 Kendall Drive San Bernardino, CA 92407 RE: The extension of Campus Parkway (formerly referenced as Pepper Linden Drive), north of Kendall Drive -Acquisition of a portion of APN 0261-231-07 Dear Property Owners: You were previously sent a Notice of Intent regarding the City's proposed acquisition of a portion of your property relative to the extension of Pepper Linden Drive (to be known as Campus Parkway) and on January 21, 2003, a hearing was held before the Mayor and Common Council relative to the proposed acquisition. At the conclusion of that hearing, a Resolution of Necessity was adopted. Since the environmental documents were not approved at that time, the Resolution of Necessity must be resubmitted to the Mayor and Council for consideration. A Negative Declaration for this project was approved by the Mayor and Council on March 3, 2003. The attached Notice of Intent gives you an opportunity to appear before the Mayor and Common Council at the regular scheduled meeting of May 5, 2003, and raise questions concerning the public interest. necessity and location of the project as it affects your property. The subject of the amount of compensation for your property is not an issue for the Mayor and Common Council and will not be considered by them. If the resolution is adopted. the City has the authority to file an eminent domain action in the Superior Court. In that Superior Court proceeding, the amount of compensation is determined. April 17, 2003 Haensly Extension of Campus Parkway (Pepper Linden Drive) Page 2 If you desire to appear before the Mayor and Common Council, please submit your request to appear, as stated in the attached Notice. Please call this office at (909) 384-5026 or (909) 384-5111 if you need additional information. Sincerely, '- /./ '(7 <-;~ I ~ LASZLO "Les" FOGASSY, Real Property Supervisor cc: "Joe" V.C. Suarez, Council Member, Fifth Ward Henry Empeiio, Deputy City Attorney CI 300 NORTH "D" STREET, SAN BERNARDINO, CALIFORNIA 92418 SAN BERNARDINO CITY COUNCIL NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure, Section 1245.235) To: Jean Haensly 2340 Kendall Drive San Bernardino, CA 92407-2409 California Code of Civil Procedure, Section 1240.030, provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: (a) The public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Section 7267.2 of the Government Code has been made to the owner of record. YOUR ARE HEREBY NOTIFIED that the Mayor and Common Council at their meeting to be held on May 5, 2003, will be asked to decide if the above conditions are met concerning your property and, if so, to adopt a Resolution of Necessity. The Public Hearing portion of the City Council meeting begins at 4:00 p.m., or as close to that time as possible, in the Council Chambers, City Hall, 300 N. "D" Street, San Bernardino, California. Questions concerning the amount of compensation to be paid are not a part of this proceeding and the Mayor and Common Council do not consider such in determining whether a Resolution of Necessity should be adopted. The adopted Resolution will authorize the Mayor and Common Council to acquire the property by eminent domain. A description of the required property is attached to this Notice and is marked Exhibit "A" and shown on a plat map marked Exhibit "B". If you file a written request to appear, which must be done within 15 days of the mailing of this Notice, you are entitled to appear and object to the adoption of the Resolution. Objections are limited as set forth below. All requests to appear must be sent or delivered for filing to the City Clerk, City of San Bernardino, 300 N. "D" Street, San Bernardino, CA 924 I 8. The written request must actually be on file within the IS day period. Failure to file a written request results in a waiver of your rights to appear and be heard. Your written request to appear should include a statement of condition(s) which you feel are pertinent to your property. The three conditions which may affect your property are set forth above (designated (a), (b) and (c)). By designating which condition forms the basis of your concerns, and why, you will enable the Mayor and Common Council to have a full and expeditious review made of the projects effect on your property. For your convenience, the Mayor and Common Council will consider any written observations you may wish to submit, so long as such written observations are filed with the City Clerk within the IS day period. The Mayor and Common Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within 6 months of the adoption of the Resolution of Necessity, the City will commence eminent domain proceedings in the Superior Court in San Bernardino County (where the property is located). In that proceeding, the court will determine the amount of compensation to which you are entitled. If you have any questions, please call this office at (909) 384-5026 or (909) 384-5111. Date of Notice: April 17. 2003 LASZLO "Les" FOGASSY, Real Property Supervisor EXHIBIT" A" LEGAL DESCRIPTION FOR A SLOPE AND DRAINAGE EASEMENT EASTERLY OF PEPPER LINDEN DRIVE, NORTHERLY OF KENDALL DRIVE. APN: 0261.231-07 MAP NO.2 Haensly A slope easement and appurtenant facilities, lying within Lot 13, Tract No. 2404, as per plat thereof recorded in Book 34 of Maps, pages 52 and 53, records of the County Recorder of San Bernardino County, State of California, described as follows: Beginning at the most northerly corner of said Lot 13; thence South 320 15' 50" West, along the northwesterly line of said Lot 13, a distance of 44.28 feet; thence South 760 56' 51" East, a distance of37.59 feet; thence South 560 50' 35" East, a distance of 11.02 feet; thence South 870 18' 35" East, a distance of 61.49 feet, more or less, to the southeasterly line of said Lot 13; thence North 320 15' 50" East, along said southeasterly line, a distance of 14.22 feet, more or less, to the northeasterly corner of said Lot 13; thence North 64050' 59" West, along the northeasterly line of said Lot 13, a distance of 10 I. 77 feet, more or less, to the point of beginning. Contains 3,233 square feet, more or less. ~AP NO.2 / , 1 , ::1 Ol Ol' !( , t).\::J rv o. ~~ ~'V ~(j ....\ <; ~II' qO '~<9' f ,- ./-- '-) gl 0, ll) ;/ ct, ...1 0, ~I NO 81 50' 0 50' I o 1 fl ..1 I 13 I '!f o wt , 0 <D NI'O - 0 <D' . ol~ NN 1"). zl '0\0 ~osc, -r- I , Slope and Drainage Easement (see detail below) (3.233 sq. ft. :!:) N 64' 50' 59" W 101.71:t w b ~ . . N ~C"! . f..- M 2 ;: b "'ic 1oC'>! -... . ... N M en S 56' 50' 35" E 11.02' '<' 6. 5' 6' " S 1 -01."'0 ...1 r'~ i C' . a k:-=: 1010,28' to elL DEERFIELD STREET ~ N57~44'1~W ---------------------------- KENDALL DRIVE -~ Proposed Slope and Drainage Easement - Portion of Pepper linden Drive, Northerly of Kendall Drive eAPN 0261- 231-07) Approved:~~Date: tjk,lot.. Sr. Civil Engineer EXHIBIT "B" Created by: Checked by: Revised by: CITY OF SAN BERNARDINO PUBLIC WORKS/ENGINEERING REAL PROPERTY SECTION Date: .r!- Date: fj Date: DEVEHW" lENT SERVICES DEPARTMENT 300 North "DP Street. San Bernardino. CA 92418-0001 Planning & Buildin" ')()9.384.5057 . Fax: 909384.5080 Puhlic WorkslEngineeriny 909.384.5111 . Fax: 909.384.5155 www.ci.san-bernardino.ca.us April 17,2003 File No. 15.02-1413C SENT CERTIFIED MAIL Athena A. Sehremelis 3221 Lilly Avenue Long Beach, CA 90808 RE: The extension of Campus Parkway (formerly referenced as Pepper Linden Drive), north of Kendall Drive -Acquisition of a portion of APN 0261-231-27 Dear Property Owner: You were previously sent a Notice of Intent regarding the City's proposed acquisition of a portion of your property relative to the extension of Pepper Linden Drive (to be known as Campus Parkway) and on January 21,2003, a hearing was held before the Mayor and Common Council relative to the proposed acquisition. At the conclusion of that hearing, a Resolution of Necessity was adopted. Since the environmental documents were not approved at that time, the Resolution of Necessity must be resubmitted to the Mayor and Council for consideration. A Negative Dcclaration for this project was approved by the Mayor and Council on March 3, 2003. The attached Notice of Intent gives you an opportunity to appear before the Mayor and Common Council at the regular scheduled meeting of May 5, 2003, and raise questions concerning the public interest, necessity and location of the project as it affects your property. The subject of the amount of compensation for your property is not an issue for the Mayor and Common Council and will not be considered by them. If the resolution is adopted, the City has the authority to file an eminent domain action in the Superior Court. In that Superior Court proceeding, the amount of compensation is determined. April I?, 2003 Sehremelis Extension of Campus Parkway (Pepper Linden Drive) Page 2 If you desire to appear before the Mayor and Common Council, please submit your request to appear, as stated in the attached Notice. Please call this office at (909) 384-5026 or (909) 384-5111 if you need additional information. Sincerely, , ,. , ),/} /~.;C~ 7 /' d-- !ASZL0 "Les" FOGASSY, Real Property Supervisor cc: "Joe" V.C. Suarez, Council Member, Fifth Ward Henry Empefio, Deputy City Attorney f: ~^ ~ ~i~~~,~~:~,~ ',"" . <^"~ ". . "." v::". clm{:off~~~ERNARDINO \J;1~:''5>~;::.1'" ~<~;.::;:;, v'".. 300 NORTH "D" STREET, SAN BERNARDINO, CALIFORNIA 92418 SAN BERNARDINO CITY COUNCIL NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure, Section 1245.235) To: Athena A Sehremelis 3221 Lilly Avenue Long Beach, CA 90808 California Code of Civil Procedure, Section 1240.030, provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: (a) The public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Section 7267.2 of the Government Code has been made to the owner of record. YOUR ARE HEREBY NOTIFIED that the Mayor and Common Council at their meeting to be held on May 5, 2003, will be asked to decide if the above conditions are met concerning your property and, if so, to adopt a Resolution of Necessity. The Public Hearing portion of the City Council meeting begins at 4:00 p.m., or as close to that time as possible, in the Council Chambers, City Hall, 300 N. "0" Street, San Bernardino, California. Questions concerning the amount of compensation to be paid are not a part of this proceeding and the Mayor and Common Council do not consider such in determining whether a Resolution of Necessity should be adopted. The adopted Resolution will authorize the Mayor and Common Council to acquire the property by eminent domain. A description of the required property is attached to this Notice and is marked Exhibit "A" and shown on a plat map marked Exhibit "B". If you file a written request to appear, which must be done within 15 days of the mailing of this Notice, you are entitled to appear and object to the adoption of the Resolution. Objections are limited as set forth below. All requests to appear must be sent or delivered for filing to the City Clerk, City of San Bernardino, 300 N. "0" Street, San Bernardino, CA 92418. The written request must actually be on file within the 15 day period. Failure to file a written request results in a waiver of your rights to appear and be heard. Your written request to appear should include a statement of condition(s) which you feel are pertinent to your property. The three conditions which may affect your property are set forth above (designated (a), (b) and (c)). By designating which condition forms the basis of your concerns, and why, you will enable the Mayor and Common Council to have a full and expeditious review made of the projects effect on your property. For your convenience, the Mayor and Common Council will consider any written observations you may wish to submit, so long as such written observations are filed with the City Clerk within the 15 day period. The Mayor and Common Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within 6 months of the adoption of the Resolution of Necessity, the City will commence eminent domain proceedings in the Superior Court in San Bernardino County (where the property is located). In that proceeding, the court will determine the amount of compensation to which you are entitled. If you have any questions, please call this office at (909) 384-5026 or (909) 384-5111. Date of Notice: April 17. 2003 LASZLO "Les" FOGASSY, Real Property Supervisor EXHIBIT" A" LEGAL DESCRIPTION FOR A SLOPE AND DRAINAGE EASEMENT EASTERLY OF PEPPER LINDEN DRIVE, NORTHERLY OF KENDALL DRIVE. APN: 0261-231-27 Map No.3 Sehremelis A slope easement and appurtenant facilities, lying within Lot 12, Tract No. 2404, as per plat thereof recorded in Book 34 of Maps, pages 52 and 53, records of the County Recorder of San Bernardino County, State of California, described as follows: Beginning at the northwesterly comer of said Lot 12; thence South 320 15' 50" West, a distance of 14.22 feet; thence South 87018' 35" East, a distance of 20.46 feet; thence South 58015' 35" East, a distance of20.49 feet; thence South 780 55' 17" East, a distance of20.57 feet, more or less, to the northeasterly line of said Lot 12; thence North 64050' 39" West, along said northeasterly line of Lot 12, a distance of 54.85 feet, more or less, to the point of beginning. Contains 422 square feet, more or less. MAP NO.3 r- POB / / / , :::/ 0> 0>' !j , g{ 0, WI lr' ...1 0, ~I ~ N' ~I 50' , 50' I , 1[f , wi ! I ... A I Lor . "3 'i , , , , ~Ia . 0 <0. . ol~ 'N N /"), zl , I - 1010.28' ----~-=---- N 57" 44' 10" W Slope and Drainage Easement (see detail below) (422 sq. ft. :t) ~ b ~N in~ - ~ N- M '" "w 54.B5'1 N 64' 50')9 '3"3 ~oS(, 12 -1.' ! 1 to elL DEERFIELD STREET a v KENDALL Proposed Slope and Drainage Easement - Portion of Pepper Linden Drive, Northerly of Kendall Drive (APN 0261-231-27) APprove~ate: 8'/~.;t Sr. Civil gineer EXHlilIT "B" DRIVE a U1 CITY OF SAN BERNARDINO PUBLIC WORKS/ENGINEERING REAL PROPERTY SECTION Created by: Checked by: Date: Revised by: Date: CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT NOTICE OF INTENT FROM: CITY OF SAN BERNARDINO Development Services Department 300 North "D" Street San Bernardino, CA 924 I 8 TO: t8I OFFICE OF PLANNING AND RESEARCH 1400 Tenth Street, Room 121 Sacramento, CA 95814 t8I COUN! Y CLERK County of San Bernardino 385 North Arrowhead Avenue San Bernardino, CA 92415 SUBJECT: Filing of Notice ofIntent to adopt a Mitigated Negative Declaration III compliance with Section 21080c of the Public Resources Code and Sections 15072 and 15073 of the CEQA Guidelines. Project Title: Public Works Project # PWP 01-03 State Clearinghouse Number (if submitted to Clearinghouse): 2002071130 Lead Agency Contact Person: Area CodelTelephone: Mehran Sepehri 909.384.5111 Project Location (include county): The project site is located in the City/County of San Bernardino. .,~, ..... Project Description: Construction of Pepper Linden Drive from Kendall Drive to Northpark Boulevard. Improvements include acquisition of right-of-way, grading the roadbed to full width, and constructing two lanes of an ultimate four-lane arterial. This is to notify the public and interested parties of the City of San Bernardino's intent to adopt a Mitigated Negative Declaration for the above referenced project. The mandatory public review period will begin on Wednesday, July 17, 2002 and will end on Friday, August 23, 2002. The Initial Study and supporting Technical Studies are available for public review at the public counter in the Development Services Department, located on the third floor of City Hall (address listed above) and the Feldheym Library, 555 W. 6- Street. San Bernardino, 92410. The project site is not listed in the State of California Hazardous Waste and Substances Sites List pursuant to Government Code Section 65962.5(E). Following the public review period, the project and proposed Mitigated Negative Declaration will be reviewed by the City's Development/Environmental Review Committee on Thursday, August 29, 2002 at 9:00 a.m. in Conference Room-A located on the fourth floor of City Hall. Signature: VaiJ.AiJJu,& r'.Hf Date: Julv 17. 2002 Title: Senior Civil Emzineer Date received for filing at OPR: SCH # 2002071130 Notice of Completion and Environmental Document Transmittal Form i. 2. 3. 3a. 3b. 3c. 3d. 3e. Project Title: Lead Agency: Contact Person: Street Address: City: County: Zip: Phone: Public Works Project #PWP 01-03 City of San Bernardino Mehran Sepeheri 300 North "D" Street San Bernardino San Bernardino 92418 909.384.5111 Project Location: 4. 4a. 4b. 4c. Sa. 5b. 6. County: San Bernardino City/Community: San Bernardino Assessor's Parcel No.: N/A Section: 7 Twp. IN Cross Street: Kendall Drive For Rural, Nearest Community: Within 2 miles: a. State Hwy #: 1-215 b. Airports: c. Railways: d. Waterways: Range: 4W 7. Document Type CEQAOi. 0 Nap 02. 0 Early Cons 03. ~ Neg Dec 04. 0 Draft EIR 05.0 Supplement/Subsequent EIR (Prior SCH No.: ) 06. 0 NOE 07.0 NOC 08. 0 NOD NEPA 09.DNOI 10.0 PONSI II. 0 Draft EIS 12. 0 EA OTHER 13.0 Joint Document 14.0 Final Document 15.0 Other 8. Local Action Type o\. 0 General Plan Update 06.0 Specific Plan 02. 0 New Element 07. 0 Community Plan 03.0 General Plan Amendment 08.0 Redevelopment 04.0 Master Plan 09.0 Rezone I\. 0 Use Permit 12.0 Waste Mgmt Plan 13.0 Cancel Ag Preserve 14. ~ Other-Public Works Pro Project 05. 0 Annexation 10.0 Land Division (Subdivision, Parcel Map, Tract Map, etc.) Reviewing Agencies o Resources Agency o Boating / Waterways o Conservation I:8J Fish and Game o Forestry I:8J Caltrans District 8 o Dept. of Transportation Planning o Aeronautics o California Highway Patrol o Housing and Community Development o Colorado River Board 0 Statewide Health Planning o Dept. Water Resources 0 Health o Reclamation 0 Food and Agriculture o Parks and Recreation 0 Public Utilities Commission o Office of Historic Preservation 0 Public Works o Native American Heritage Commission 0 Corrections o S.F. Bay Conservation and Development Commission 0 General Services o Coastal Commission 0 aLA o Energy Commission 0 Santa Monica Mountains o State Lands Commission 0 TRPA I:8J Air Resources Board 0 OPR - OLGA o Solid Waste Management Board 0 OPR - Coastal o SWRCB: Sacramento 0 Bureau of Land Management o RWQCB: Region #_ 0 Forest Service o Water Rights 0 Other o Water Quality D Other For SCH USE Only: Date Received at SCH Date Review Starts Date to Agencies Date to SCH Catalog Number Applicant Consultant Contact Address Clearance Date Notes: 9. Development Type 01. 0 Residential 02. 0 Office 03. 0 Shopping/Commercial 04. 0 Industrial 05. 0 Water Facilities 06. ~ Transportation 07. 0 Mining 08. 0 Power 09. 0 Waste Treatment 10. Docs Related II. 0 Other: Acres: Acres: Acres: Acres: Units: Sq.ft.: Sq.ft.: Sq.ft.: MGD: Type: Construction of new street Mineral: Type: Type: Employees: Employees: Employees: Watts: 10. Total Acres: 9 11. Total Jobs Created: N/A 12. Project Issues Discussed In Document 01. 0 Land Use Planning 02. 0 Population & Housing 03. ~ Earth Resources 04. ~ Air Quality 05. ~ Transportation/Circulation 06. ~ Biological Resources 07. 0 Energy & Mineral Resources 08. 0 Hazards 09. 0 Hazards 10. 0 Noise 11. ~ Public Services 12.0 Utilities 13.0 AestheticsNisual 14.0 Cultural Resources 15.0 Recreation 13. Funding (approx.) Gas Tax $500,700 14. Present Land Use and Zoning: RL, Residential Low and RU-l, Residential Urban 15. Project Description: Construction of Pepper Linden Drive from Kendall Drive to Northpark Boulevard. Improvements include acquisition of right-of-way, grading the roadbed to full width, and constructing two lanes of an ultimate four-lane arterial. Signature of Lead Agency Representative: V A1J;.W {;.roo, ~ M If 16. 01/?o/01/ . Date ~.' ~''''''f: -7~"'~~~~ .~~~- ~'-'r'. ~,~:,!>"..t:;-., '.~l~~4 .v .~"j1-,c;;;.~", 'l;)J.I'" CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT NOTICE OF INTENT FROM: CITY OF SAN BERNARDINO Development Services Department 300 North "D" Street San Bernardino, CA 92418 TO: 181 OFFICE OF PLANNING AND RESEARCH 1400 Tenth Street, Room 121 Sacramento, CA 95814 181 COUNTY CLERK County of San Bernardino 385 Nonh Arrowhead Avenue San Bernardino, CA 92415 SUBJECT: Filing of Notice of In ten I to adopt a Mitigated Negative Declaration in compliance with Section 21080c of the Public Resources Code and Sections 15072 and 15073 of the CEQA Guidelines, Project Title: Puhlic Works Project # PWP 01-03 State Clearinghouse Number (if submitted to Clearinghouse): Lead Agency Contact Person: Area Codeffelepbone: Mebran Sepehri 909.384.5111 Project Location (include county): The project site is located in the City/County of San Bemardino_ ';p>roject Description: Construction of Pepper Linden Drive from Kendall Drive to Northpark Boulevard. Improvements . 'include acquisition of right-of-way, grading the roadbed to full width, and constructing two lanes of an ultimate four-lane arterial. This is to notify the public and interested parties of the City of San Bernardino's mtentto adopt a Mitigated Negative Declaration for the above referenced project. The mandatory public review period will begin on W edoesday, July 17, 2002 and will end on August 16, 2002, The Initial Study and supponing Technical Studies are available for public reviewal the public counter in the Development Services Department, located on the third Iloor of City Hall (address listed above) and the Feldbeym Library, 555 W, 6'" Street, San Bernardino, 92410. The project site is not listed in the State of California Hazardous Waste and Substances Sites List pursuant to Government Code Section 65962.5(E), , Following the public review period, the project and proposed Mitigated Negative Declaration will be reviewed by lht City's Development/Environmental Review Corrunillee on Thursday, August 22, 2002 at 9:00 a,m, in Conferen~~ Room-AJocated on the founh Iloor of City Hall. Signa/:,~_ /' c-: ./'t'-v Date: Julv 17.2002 /lIe- t;,.-.... )-"1''''' r, Date received for tiling at OPR: Title: Senior Civil Eneineer City of San Bernardino, California Department of Development Services/Public Works Division VICINITY MAP Street Improvements FOR PEPPER-LINDEN DRIVE (CAMPUS PARKWAY) FROM KENDALL DR. TO NORTHPARKBLVD. _/--14'0. "'!:Is" "',,1'..-: A,1( 1""')>'. CALIFORNIA ( s~rr , LWIVE/lSlTY , I ) SAN BERiAIIDIMJ '~\ i~ ". "~.~ \ '. .. x7\ II.. b},\ ....~...." .. ~\ 'rr I .T"'~~ f"'''- ".., .. ./ J. ~\.....~ _.~ -I' ~ \ Q;".~.r:-y:, .... \ <"'8'-,./,) ~C' _. \ w ~ ~ ~~" ~ c'\."/ '\..:~' VICINITY MAP N.T.s. From: Valerie Ross, City Planner ...'~ >~ Mehran Sepehri, Senior Engineer To: Subject: Scheduling Initial Study Report for Pepper Linden Avenue from Kendall Dr to Northpark Blvd on Environmental Review Committee (ERC), regular meeting date May 23, 2002. Date: May 6, 2002 CC: Ray Casey, City Engineer Y oun Kim, Senior Engineer The City has a plan to construct two travel lanes of a future 4 lane roadway for Pepper Linden Avenue from Kendall Drive to Northpark Boulevard. This project also includes grading the roadway to full width (4 lane), construction of storm drainage system, planting of trees and landscaping the parkway, installation of traffic signal at Pepper Linden Avenue and Kendall Drive and acquisition of Right-of-Way to accommodate the ultimate 4 lane street configuration including slope easements. As you know prior to construction the City is required to complete the CEQA process for this project. Please include attached Initial Study report for your May 23, 2002 Environmental Review Committee meeting. We are recommending a Negative Declaration for the project. Please let me know when I have to take the Negative Declaration to the City Council for adoption. If you need additional information please let me know. As always thank you for your assistance and help. ulr~~L5U \'!J ~IOl AUG 2 82002 L!V 5 TAT E 0 F CALI FOR N I A CITY OF ':~ SAN BERNARDINO A :'I. Governor's Office of Planning and It~~~~~~~VICES (~... ) .~. State Clearinghouse ....",,~ \t Gray Davis August 26. 2002 GOVERNOR Tal Finney INTERIM DIRECTOR Mehran Sepehri City of San Bernardino 300 North 0 Street San Bernardino, CA 92418 Subject: Public Works Project #PWP 01-03 SCH#: 2002071130 Dear Mehran Sepehri: The State Clearinghouse submitted the above named Negative Declaration to selected statc agencies for review. The review period closed on August 23, 2002, and no state agencies submitted comments by that date. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please call the State Clearinghouse at (916) 445-0613 if you have any questions regarding the environmental review process. If you have a question about the above-named project, please refer to the ten-digit State Clearinghouse number when contacting this office. Sincerely, ~r~ Director, State Clearinghouse 1400 TENTH STREET P.O. BOX )044 SACRAMENTO, CALIFORNIA 95812-)044 916-445-061} FAX 910-323-3018 www.opr.ca.gov !\\l" ,.>,:;.,.... . State Clearinghouse Data Base ~ SCH# Project Title Lead Agency 2002071130 Public Worns Project #PWP 01-03 San Bernardino, City of Type Description Neg Negative Declaration Construction of Pepper Linden Drive from Kendall Drive to Northpark Boulevard. Improvements include acquisition of right-of-way, grading the road to full width, and constructing two lanes of an ultimate four-lane. Lead Agency Contact Name Mehran Sepehri Agency City of San Bernardino Phone 909384-5111 email Address City Fax 300 North D Street San Bernardino State CA Zip 92418 Project Location County San Bernardino City Region Cross Streets Kendall Drive to Northpark Boulevard Parcel No. Township Range Section Base Proximity to: Highways Airports Railways Waterways Schools Land Use 4 Lane Major Arterial Highway Project Issues Air Quality; Geologic/Seismic; Public Services; Traffic/Circuiation; Biological Resources Reviewing Agencies Resources Agency; Department of Fish and Game, Region 6; Department of Parks and Recreation; Department of Water Resources; California Highway Patrol; Caltrans, District 8; Air Resources Board. Transportation Projects;' Regional Water Quality Control Board, Region 8; Native American Heritage Commission; State Lands Cornmissi<m Date Received 07/25/2002 Start of Review 07/25/2002 End of Review 08/23/2002 Note: Blanks In data fields result from insufficient information provided by lead agency. CITY OF SAN BER"I'ARDINO INITIAL STUDY FOR Public Works Project # PWP 01-03 File # 7007 PROJECT DESCRIPTlONILOCA TlON: Street Improvements of Pepper Linden Avenue From Kendall Dr to Northpark Blvd In the City of San Bernardino DATE: May 6, 2002 APPLICANT: Division of Public Works / City Engineer Department of Development Services City of San Bernardino San Bernardino CA 92418 PREPARED BY: Mehran Sepehri Senior Civil Engineer REVIEWED BY Independently reviewed, analyzed and judgement exercised in making the determination, by the Environmental Review Committee in May 23.2002, pursuant to Section 21082 of the California Environmental Quality Act (CEQA) City of San Bernardino Development Service Department 300 North "D" Street San Bernardino, CA 92418 (909) 384-5 III CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY The California Environmental Quality Act (CEQA) requires the preparation of an Initial Study when a proposal must obtain discretionary approval from a governmental agency and is not exempt from CEQA. The purpose of the Initial Study is to determine whether or not a proposal, not exempt from CEQA, qualifies for a Negative Declaration or whether or not an Environmental Impact Report (EIR) must be prepared. 1. Project Title: Street Improvements of Pepper Linden A venue from Kendall Dr to Northpark Blvd in the City of San Bernardino. Initial Study Public Works Project # PWP 01-03, & Project # 7007 2. Lead Agency Name: Address: City of San Bernardino 300 North '0' Street San Bernardino, CA 92418 3. Contact Person: Phone Number: Mehran Sepehri, P.E. (909) 384-5127 . 4. Project Location (Address/Nearest cross-streets): Pepper Linden A venue from Kendall Dr to Northpark Blvd in the City of San Bernardino. 5. Project Sponsor: Address: City of San Bernardino 300 North '0' Street San Bernardino, CA 92418 6. General Plan Designation: 4 Lane Major Arterial Highway 7. Description of Project (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or olT-site features necessary for its implementation. Attach additiOlial sheets, if necessary): The work to be done consists' , in general, of construction of two lanes of a future 4 lane arterial highway known as Pepper-Linden Street from Kendall Drive to Northpark Boulevard. The project includes grading the roadbed full width and acquisition of right of way to accommodate the ultimate 4 land configuration. A drainge pipe and planting of trees in the parkway area, and installation of traffic signal at Pepper-Lined Street and Kendall Drive are also part of this projet. 8. Surrounding Land Uses and Setting: Vacant land 9. Other agencies whose approval is required (e.g., permits, fInance approval, or participation agreement): N/A tS 1 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environinental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. 0 Land Use and Planning l'8J Transportation/Circulation l'8J Public Services 0 Population and Housing l'8J Biological Resources 0 Utilities and Service Systems l'8J Geological 0 Energy and Mineral Resources 0 Aesthetics 0 Water 0 Hazards 0 Cultural Resources l'8J Air Quality 0 Noise 0 Recrealion 0 Mandalory Findings of Significance Determination. On the basis of this Initial Study, the City of San Bernardino, Environmental Review Committee finds: That the proposed project COULD NOT have a significant effect on the environment, and 0 a NEGATIVE DECLARATION will be prepared. That although the proposed project could have a significant effect on the environment, [gJ there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. That the proposed project MAY have a significant effect on the environment, and an 0 ENVIRONMENTAL IMPACT REPORT is required. That although the proposed project could have a significant effect on the environment, 0 there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. ! I' li / ., j . it--!l,,<~1'M. Signature ~.-(J-J I I , ',- . Date Mehran Sepehri Printed Name IS 2 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact I. LAND USE AND PLANNING. Will the proposal result in: a) A conflict with the land use as designated 0 0 0 rgj based on the review of the General Plan Land Use Plan/Zoning Districts Map? b) Development within an Airport District as 0 0 0 rgj identified in the Air Installation Compatible Use Zone (AICUZ) Report and the Land Use Zoning District Map? c) Development within Foothill Fire Zones 0 0 0 rgj A & B, or C as identified on the Land Use Districts Zoning Map? d) Other? 0 0 0 rgj II. POPULATION AND HOUSING. Will the proposal: a) Remove existing housing (including 0 0 0 rgj affordable housing) as verified by a site survey levaluation? b) Create a significant demand for additional 0 0 0 rgj housing based on the proposed use and evaluation of project size? c) Induce substantial growth in an area 0 0 0 rgj either directly or indirectly (e.g., through projects in an undeveloped area or an extension of major infrastructure)? IS3 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY III. EARTH RESOURCES: Will the proposal result m: a) Earth movement (cut and/or fill) on 0 0 [gJ 0 slopes of 15% or more? b) Development and/or grading on a slope 0 0 0 [gJ greater than 15 % natural grade based on review of General Plan HMOD map? c) Erosion, dust or unstable soil conditions 0 0 [gJ 0 from excavation, grading or flu? d) Development within the Alquist-Priolo 0 0 0 [gJ Special Studies Zone as defined in Section 12.0-Geologic & Seismic, Figure 47, of the City's General Plan? e) Modification of any unique geologic or 0 0 0 [gJ physical feature based on field review? t) Development within areas defined as 0 0 0 [gJ having high potential for water or wind erosion as identified in Section 12.0- Geologic & Seismic, Figure 53, of the City's General Plan? g) Modification of a channel, creek or river 0 0 0 [gJ based on a field review or review of USGS Topographic Map ? h) Development within an area subject to 0 0 0 ~ landslides, mudslides, subsidence or other similar hazards as identified in Section 12.0-Geologic & Seismic, Figures 48, 51,52 and 53 of the City's General Plan? i) Development within an area subject to 0 0 0 [gJ liquefaction as shown in Section 12.0- Geologic & Seismic, Figure 48, of the City's General Plan? j) Other? 0 0 0 [gJ IS4 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY IV. WATER. Will the proposal result in: a) Changes in absorption rates, drainage 0 0 0 ~ patterns, or the rate and amount of surface runoff due to impermeable surfaces that cannot be mitigated by Public Works Standard Requirements to contain and convey runoff to approved storm drain based on review of the proposed site plan? b) Significant alteration in the course or flow 0 0 0 ~ of flood waters based on consultation with Public Works staff? c) Discharge into surface waters or any 0 0 0 ~ alteration of surface water quality based on requirements of Public Works to have runoff directed to approved storm drains? d) Changes in the quantity or quality of 0 0 0 ~ ground water? e) Exposure of people or property to flood 0 0 0 ~ hazards as identified in the Federal Emergency Management Agency's Flood Insurance Rate Map, Community Panel Number , and Section 16.0- Flooding, Figure 62, of the City's General Plan? t) Other? 0 0 0 ~ V. AIR QUALITY. Will the proposal: a) Violate any air quality standard or 0 0 ~ 0 contribute to an existing or projected air quality violation based on the thresholds in the SCAQMD's "CEQA Air Quality Handbook"? b) Expose sensitive receptors to pollutants? 0 0 0 ~ c) Alter air movement, moisture, or 0 0 0 ~ temperature, or cause any change in climate? IS 5 CITY OF SAN BERNARDINO PLANNING AND BUilDING SERVICES INITIAL STUDY d) Create objectionable odors based on 0 0 0 ~ infonnation contained in the Preliminary Environmental Description Fonn? VI. TRANSPORT A TION/CIRCULA TION. Could the proposal result in: a) A significant increase in traffic volumes 0 0 0 ~ on the roadways or intersections or an increase that is significantly greater than the land use designated on the General Plan? b) Alteration of present patterns of 0 0 ~ 0 circulation? c) A disjointed pattern of roadway 0 0 0 ~ improvements? d) Impact to rail or air traffic? 0 0 0 ~ e) Insufficient parking capacity on-site or 0 0 0 ~ .... off-site based on the requirements in Chapter 19.24 of the Development Code? 0 Increased safety hazards to vehicles, 0 0 0 ~ bicyclists or pedestrians? g) Conflict with adopted policies supporting 0 0 0 ~ alternative transportation? h) Inadequate emergency access or access to 0 0 0 ~ nearby uses? i) Other? 0 0 0 ~ VII. BIOLOGICAL RESOURCES. Could the proposal result in: a) Development within the Biological 0 0 0 ~ Resources Management Overlay, as identified in Section 10.0- Natural Resources, Figure 41, of the City's General Plan? b) Impacts to endangered, threatened or rare 0 0 0 [gJ species or their habitat (including, but not limited to, plants, mammals, fish, insects and birds)? IS 6 CITY OF SAN BERNARDINO PLANNING AND BUilDING SERVICES INITIAL STUDY c) Impacts to the wildlife disbursal or 0 0 0 C8J migration corridors? d) Impacts to wetland habitat (e.g., marsh, 0 0 0 C8J riparian and vernal pool)? e) Removal of viable, mature trees based on 0 0 0 C8J information contained in the Preliminary Environmental Description Form and verified by site survey/evaluation (6" or greater trunk diameter at 4' above the ground)? t) Other? 0 0 0 C8J VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy 0 0 0 C8J conservation plans? b) Use non-renewable resources in a 0 0 0 C8J wasteful and inefficient manner? c) Result in the loss of availability of a 0 0 0 C8J known mineral resource that would be of future value to the region and the residents of the State? IX. HAZARDS. Will the proposal: a) Use, store, transport or dispose of 0 0 0 C8J hazardous or toxic materials based on information contained in the Preliminary Environmental Description Form, No. G(l) and G(2) (including, but not limited to, oil, pesticides, chemicals or radiation)? b) Involve the release of hazardous 0 0 0 C8J substances? c) Expose people to the potential 0 0 0 r8J health/safety hazards? d) Other? 0 0 0 r8J IS 7 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY X. NOISE. Could the proposal result in: a) Development of housing, health care 0 0 0 ~ facilities, schools, libraries, religious facilities or other noise sensitive uses in areas where existing or future noise levels exceed an Ldn of 65 dB(A) exterior and an Ldn of 45 dB(A) interior as identified in Section l4.0-Noise, Figures 57 and 58 of the City's General Plan? b) Development of new or expansion of 0 0 0 ~ existing industrial, commercial or other uses which generate noise levels above an Ldn of 65 dB(A) exterior or an Ldn of 45 dB(A) interior that may affect areas containing housing, schools, health care facilities or other sensitive uses based on information in the Preliminary Environmental Description Form No. G(l) and evaluation of surrounding land uses No. C, and verified by site survey/evaluation? c) Other? 0 0 0 ~ XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? 0 0 0 ~ b) Medical Aid? 0 0 0 ~ c) Police protection? 0 0 0 ~ d) Schools? 0 0 0 ~ e) Parks or other recreational facilities? 0 0 0 ~ t) Solid waste disposal? 0 0 0 ~ g) Maintenance of public facilities, including 0 0 ~ 0 roads? h) Other governmental services? 0 0 0 ~ XII. UTILITIES: Will the proposal, based on the responses of the responsible Agencies, IS 8 CITY OF SAN BERNARDINO PLANNING AND BUilDING SERVICES INITIAL STUDY Deparunems, or Utility Company, impact the following beyond the capability to provide adequate levels of service or require the conStruction of new facilities? a) Natural gas? 0 0 0 ~ b) Electricity? 0 0 0 ~ c) Communications systems? 0 0 0 ~ d) Water distribution? 0 0 0 ~ e) Water treatment or sewer? 0 0 0 ~ f) Stonn water drainage? 0 0 0 ~ g) Result in a disjoimed pattern of utility 0 0 0 ~ extensions based on review of existing patterns and proposed extensions? h) Other? 0 0 0 ~ XIII. AESTHETICS. ,,~:~, a) Could the proposal result in the 0 0 0 ~ obstruction of any significant or important scenic view based on evaluation of the view shed verified by site survey/evaluation? b) Will the visual impact of the project 0 0 0 ~ create aesthetically offensive changes in the existing visual setting based on a site survey and evaluation of the proposed elevations? c) Create significant light or glare that could 0 0 0 ~ impact sensitive receptors? d) Other? 0 0 0 ~ XIV. CULTURAL RESOURCES. Could the proposal result in: a) Development in a sensitive archaeological 0 0 0 ~ area as identified in Section 3.0- Historical, Figure 8, of the City's General Plan? b) The alteration or destruction of a 0 0 0 ~ prehistoric or historic archaeological site IS 9 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY by development within an archaeological sensitive area as identified in Section 3.0- Historical, Figure 8, of the City's General Plan? c) Alteration or destruction of a historical 0 0 0 r8I site. structure or object as listed in the City's'Historic Resources Reconnaissance Survey? d) Other? 0 0 0 r8I XV. RECREATION. Would the proposal: a) Increase the demand for neighborhood or 0 0 0 r8I regional parks or other recreational facilities? b) Affect existing recreational opportunities? 0 0 0 r8I IS 10 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to 0 0 0 [gJ degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to 0 0 0 [gJ achieve short-term, to the disadvantage of long-term, environmental goals? c) Does the project have impacts that are 0 0 0 [gJ individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) d) Does the project have environmental 0 0 0 [gJ effects which will cause substantial adverse effects on human beings, either directly or indirectly? IS II CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY REFERENCES. The following references and reports cited in the Initial Study are on me in the Development Services Department in Planning, Building Services or Public Works/Engineering Division. I. City of San Bernardino General Plan. 2. City of San Bernardino General Plan Land Use Plan/Zoning Districts Map. 3. City of San Bernardino Development Code (Title 19 of the San Bernardino Municipal Code). 4. City of San Bernardino Historic Resources Reconnaissance Survey. 5. Alquist-Priolo Earthquake Fault Zones Map. 6. South Coast Air Quality Management District, CEQA Air Quality Handbook. 7. Federal Emergency Management Agency, Flood Insurance Rate Maps. 8. Public Works Standard Requirements - water. 9 Public Works Standard Requirements - grading. 10 The Natural Resources Assessment, Inc report for Kangaroo rat. No Kangaroo rat was detected. 11 The Tom Dodson & Associates report for Gnatcatcher. No Gnatcatcher was detected. DISCUSSION OF SPECIFIED CHECKLIST RESPONSES The following responses are numbered to correspond to checklist in the previous section III. EARTH RESOURCES b) Grading a slope will be mitigated by chapter 70 Uniform Building code standard and geotecnical inspection during grading activities. c) Excavation necessary for street extension will be mitigated by Standard Public Works Grading Requirements to minimize dust pollution. V. AIR QUALITY a) Air quality is affected by both the rate and location of pollutant emissIons and by meteorological conditions which influence movement and dispersal of pollutants. Atmospheric conditions such as wind speed, wind direction, and air temperature gradients, along with local topography, provide the link between air pollutants, and air quality. The project is in the nortlleast portion on the South coast Air Basin (SCAB), which includes Orange county, and portions of Los Angeles, Riverside, and San Bernardino counties. The SCAB is an area of 6,600 square miles bounded by the Pacific Ocean to the west and the San Gabriel, San Bernardino, and San Jacinto mountains to the north and east. The mountains which reach heights of up to 11,000 feet above sea level (msl), act to prevent airflow and thus the transport of air pollutants out of the basin. IS 12 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY The San Bernardino Valley portion of the SCAG is designated non-anainment for nitrogen dioxide, sulfates, particular maner, and ozone. (a) SCAQMD adopted the Final 1994 Air Quality Management Plan (AQMP) revision in September 1994 and a draft 1997 update in August 1996 to establish a comprehesive control. (b) Fugitive dust generated by construction activities during development and operation of the project would add to ambient PMIO levels but will not exceed SCAQMD threshold of l50Jbs/day with mitigation. Implementation of the following mitigation measure will ensure impacts from fugitive dust generation during construction and operational activities will be less that significant and will aid the City in meeting General Plan Policies 10.10.2 and 10.10.4: (c) Policy 10.10.2 Require dust abatement measures during grading and construction operations. (d) Policy 10.10.4 Cooperate with the South Coast Air Quality Management District and incorporate pertinent local implementation provisions of the Air Quality Management Plan. (e) Implementation of SCAQMD Rule 403 and standard construction practices during all operations capable of generating fugitive dust, will include but not be limited to the use of best available control measures, including: I) Water active grading areas and staging areas at least twice daily as needed; 2) Ensure spray bars on all processing equipment are in good operating condition; 3) Apply water or soil stabilizers to form crust in inactive construction areas and unpaved work areas; 4) Suspend grading activities when wind gusts exceed 25 mph; 5) Sweep public paved roads if visible soil material is carried off site; 6) Enforce on site speed limits on paved surfaces to 15 mph; and 7) Discontinue construction activities during Stage I smog episodes. IS 13 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES INITIAL STUDY VI. TRANSPORT ATION/CIRCULA nON b) The proposed Pepper-Linden Drive is a new section of roadway between Northpark Boulevard and Kendall Drive. The traffic from California State University, San Bernardino, will have an alternate route to the Interstate 10 Freeway from the existing University Avenue. XI. PUBLIC SERVICE g) The proposed new roadway, landscape median, parkway and traffic signal will require more maintenance to the public facilities. The City's Public Services and Development Services Departments are already to maintain these facilities. IS 14 ~ ~-~r ~ , .., ~t- I , IV I ~ ~I 0 0 ~ + N U ~ -< .... a: I- ~I '" @ 0 I 0 ~ r-. "- Z J W<t) . l- e . - V\ W Z co N . W~ , . .- ~ ~\ 5 ~;::~z '" '" + 'r- W 0 "- i "- W < U "- I- I '" :::I! i 0 I '" \ .... , J $ ~ "0 '" <t) u .... ; I ~r e I ~ L '" ~ '-. ," <>: . -' .... "' ~"+ ., ' .~ ~ i;., t -;:, ~. .~~' . iK' \ ~_.\ L " ',t<o ..;7");F' " .. <', -I; I n d! f~ " I -"-j ! I -, (~ K Ci ) " ,'. '- ,.-- .. N ".il ~~ ! ",1,; . ! r . I I "-,.\ .~: t \. -:~, ;-~ ...:.:r;.- .:...;_ /. 7. _/ r;::\ 0; ...; ..., + ao .... ~ ~ a: V> ::> 0 Z I- ~~8ui ~~c:ie-: -J ..." Z .-+ 5 N "- r~ w " < l- V> ~ D:: ... City of San Bernardino Development Services Department Mitigation Monitoring I Reporting Program For Public Works Project PWP No. 01-03 Introduction This mitigation monitoring and compliance program has been prepared for use by the City of San Bemardino Development Services Department (City) as it implements mitigation measures for this project. This program has been prepared in compliance with the California Environmental Quality Act (CEQA) and the State and Agency CEQA Guidelines. CEQA Section 21081.6 requires adoption of a reporting and/or monitoring program for those measures or conditions imposed on a project to mitigate or avoid adverse effects on the environment. The law states that the monitoring or reporting program shall be designed to ensure compliance during project implementation. The Mitigation Monitoring/Reporting Program (MMRP or Program) contains the following elements: I. The mitigation measures are recorded with the action and procedure necessary to ensure compliance. Each mitigation measure contained within the Initial Study for implementation by the City is listed on a separate sheet. 2. A procedure for compliance and verification has been outlined for each mandatory mitigation action. This procedure designates who will take the action, what action will be taken and when, and to whom and when the compliance will be reported. 3. The program contains a separate Mitigation Monitoring and Compliance Record for each action. On each of these record sheets, the pertinent actions and dates will be logged, and copies of permits, correspondence or other relevant data will be attached. Copies of the records will be retained by the City of San Bernardino as part of its project files. 4. The program has been designed to be flexible. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. If changes are made, new monitoring compliance procedures and records will be developed and incorporated into the program. The total program, including any modifications, will be retained by the City as part of the project files. The individual measures and the accompanying monitoring / reporting actions follow. They are numbered in the same sequence as presented in the Project Initial Study. MITIGATION MEASURE Page 2 III. EARTH RESOURCES a) Earth movement on slope of a 15% or more will be mitigated with procedure specify in' Report of Geotechnical Study prepared by Hilltop Geotechnical, Inc. dated June 3, 1997. c) Erosion, dust or unstable soil conditions from excavation, grading will be mitigated by application of water or soil stabilizers for dust control. Erosion control plan will be implemented for grading during the rainy season. IMPLEMENTATION AND VERIFICATION I. The City Engineer will review all street improvement plans prior to advertise for bid. 2. The City's Public Works inspector will review all grading opertions during construction. COMPLIANCE RECORD I. The City and contractor shall maintain copies of approved street improvement plans in the project file and at job sites. 2. Copies of the inspection reports shall be kept in the project file. WHEN REQUIRED I. Prior to notice to proceed. 2. During site inspections. COMMENTS I. Street improvements plans approved by City Engineer. VERIFICATION BY: City Engineer. 2 MITIGATION MEASURE Page 3 V. AIR QUALITY Implementation of SCAQMD Rule 403 and standard construction practices during all operations capable of generation fugitive dust will include but not be limited to the use of best available control measures and reasonably available control measures such as: I) Water active grading areas and staging areas at least twice daily as needed; 2) Ensure spray bars on all processing equipment are in good operating condition; 3) Apply water or soil stabilizers to form crust on inactive construction areas and unpaved work areas; 4) Suspend grading activities when wind gusts exceed 25 mpg; 5) Sweep public paved roads if visible soil material is carried off-site; 6) Enforce on-site speed limits on unpaved surface to 15 mph; and 7) Discontinue construction activities during Stage I smog episodes. IMPLEMENTATION AND VERIFICATION I. These requirements will be made a part of the Standard Requirements for the prooejct through the Public Works and Building Services Divisions. The applicant will be required to comply with all Public Works and Building Services Standard Requirements regarding grading. 2. The City shall verify that the recommendations contained in the mitigation measures 1-7 are incoporated as notes on the grading plans approved for this project. 3. The City Engineer will review all grading plans prior to issuing a grading permit. 4. Complance shall be verified during construction inspections. COMPLIANCE RECORD I. The City and the applicant shall maintain copies of any approved grading plans in the project files. 2. Copies of the inspection reports shall be kept in the project files of the applicant and the City. WHEN REQUIRED I. Prior to issuance of grading permits. 2. During site inspections. 3 ,'-:<:- ~< 'tf;;}" MITIGA nON MEASURE Page 4 AIR QUALITY continued COMMENTS 1. Grading Plans approved by City Engineer. VERIFICATION BY: City Engineer . ..,..... r'd"'..,'1 ,.,'., ,:'-:,. ..1.,....' \',,,..i,';;"'.. ,n'!'I.."'" " 4 MITIGATION MEASURE Page 5 VI. TRANSPORT AnON/ CIRCULATION d) The proposed Pepper/Linden Drive will reduce existing traffic on University Avenue between Northpark Blvd. and Interstate 10 Freeway. Proposed traffic signal will be installed at the intersection of Pepper Linden Drive and Kendall Drive to provide a safety to the new intersection. IMPLEMENT A nON AND VERIFICA nON I. The City Engineer will review street improvement plans and traffic signal plans prior to advertising for the bid. 2. The City's Public Works inspector will review the installation of traffic signal. COMPLIANCE RECORD I. The City and contractor shall maintain copies of the approved street improvement plans and traffic signal plans in the project files. 2. Copies of the inspection report shall be kept in the project file. WHEN REQUIRED I. Prior to notice to proceed. 2. During site inspection. COMMENTS 1. Grading Plans approved by City Engineer. VERIFICATION BY: City Engineer 5 April 29, 2003 RECEIVF: -em CLEFK File No. 15.02 - 1413 - 1413 B Re: Resolution of N~~slll'i;od\9 d~mpus Jean Haensly 2340 Kendall Drive San Bernardino, CA 92407 Parkway. APN 0261-231-07. Dear Mayor and Common Council: I would like to submit several written observations with regard to the impact this project has on our property. This is for Clarity of the subject, as we have beep dealing with this for over one and one-half years. Since this is the second time the Mayor and the Council have had to deal with this, your com- munication with staff may not be all that it should be. If, as individuals, you should have any questions or would like to see the site, please feel free to contact us. We are not opposed to this road. In looking over the plans for Campus Parkway, several concerns come to mind; 1. Fencing, There are no plans to fence off this public facility from the back of our property. Right now our property is completely fenced and we use our land to graze a beef steer from time to time. This includes this part of the fee taking of the property in question. We would like a 6 foot chain link fence installed 4 inches inside the project's borders. This will help cut down on trespassing. Having the fencing down in the back during construction of the project is acceptable. 2. Property Boundary Markers; Right now our property has permanent boundary markers in place. Since the property taking removes these, we want the prcject to survey and install new ones. It looks like there shOUld be four of them. They need to be perm- anent and have the surveyor's seal of responsibility. 3. Cement driveway pans; In 1995-96 the bridge for the Devil's Canyon diversion wash and Kendall Drive were widened to accomo- date four lanes and this new intersection. Upon it's completion we were left with a curb, gutter and twe driveway depressions but no driveway pans. During a hard rain the water flows in the upper driveway, through the circular driveway and pretty much out the lower driveway. Basically this format uses private property for public drainage. Tn reviewing the project plans NO, Jd- 5/5/D3 it's clear that many more thousands of square feet of run off are going to go by our driveway. The only storm drain the project has is an 18 inch grill about 300 feet above the inter- section. This being the case, we would like to have the project install our driveway pans to prevent the flooding of our pro- perty. This will raise the driveway near or above the center crown of Kendall Drive, as the curb is now. For the project specs on this, there is no need to haul off the left over dirt. as we have enough property here to spread around. We are not aSking for, nor do we want sidewalks installed. 4. Missing street light on the approach to Campus Park- way; The apartments at 2294 Kendall Drive were completed in 1989. However, they were cought with unauthorized drainage in the form of two pipes set in the retaining wall that were supposed to drain our property. Mike Curry, engineering's site inspector, saw these pipes being installed but did nothing. They were not approved by the City, thus unauthorized. Later he granted the apartments their certificate of occupancy without the street light having been installed. The engineer for the project put down a ~5000.00 deposit on the street light to be installed later. After we went to engineering regarding the phony pipes in the wall, the light was abandoned. The streets have been dark in front of this low end apartment project for 14 years now, and that's long enough. In addition to showing the court that engineering is acting in bad faith with us no~ they have a pattern of bad faith with us in the past; The City Attorney's Office needs to send someone to this court who is familiar with this apartment project.They need to explain wht the apartments at 2196 Kendall Dr. were re- quired to drain the sump, and did so successfully. The apart- ments next to us at 2294 KendallDr. were not required to drain the sump Two different standards apply to the same sump. .n yew j .}/~ ' " 'V. . Mr. AlCd Mrs. SlI,r,tt MeQrNEIVEFJCITY CLEW< 2/j/j8 K.ftltdaee D,llIft 'OJ APR 30 Ala :00 Salt 8ulta,dllto, eA 92"01 April 29, 2003 Ms. Rachel Clark, CMC City Clerk City of San Bernardino 300 North D. Street, 2nd Floor San Bernardino, CA 92418 Subject: Response to Notice of Intent Dear Ms. Clark: In accordance with the Notice of Intent we received, we are requesting to appear before the Mayor and Common Council at the regular meeting of May 5, 2003 to discuss the extension of Campus Parkway as it pertains to our property (APN 0261-231-06). Attached to this request is a letter containing the "Statement of Conditions" that we believe are pertinent to our property located at 2358 Kendall Drive. Sincerely, .~f~~ O/~--;~AJ'1?c;lP/ ~~ Everett E. McGrew Aldona Rae McGrew Attachment: Statement of Conditions addressed to the Mayor and Common Council No. c1~ 6}5/03 Mr. A"d Mrs. etlllrlltt Megrllw 2868 I(tt,.daee D,llItt Sa,. 8tt,,.ardl,.o. OA 92"01 April 29, 2003 Mayor and Common Council City of San Bernardino 300 North D Street San Bernardino, CA 92418 Subject: Statement of Conditions in Response to Notice of Intent dated April 17, 2003 Mayor Judith Valles and Members of the Common Council: We are submitting this "Statement of Conditions" in accordance with a letter dated April 17, 2003 that accompanied a "Notice of Intent to Adopt Resolution of Necessity to Acquire Certain Real Property or Interest in Real Property by Eminent Domain." We are re-submitting our correspondence that was prepared for the original hearing on this item on the January 21, 2003. The only change has been that we have received a letter from Laszlo "Les" Fogassy, Real Property Supervisor, dated January 29, 2003 indicating that we would receive access to our residence from Campus Drive. We assume that this letter, which resulted from the January 21st hearing, would be honored. Sincerely, L4'L~r~ Everett E. McGrew Aldona Rae McGrew Attachments: December 31,2002 Statement of Conditions Mr. AHd Mrs. ev,r,tt Me{;r,w 2308 /(IlHdaee ",/1I1l SaH 81l'Ha,dIHo. OA 92+01 December 31, 2002 Mayor and Common Council City of San Bernardino 300 North D. Street San Bernardino, CA 92418 Subject: Statement of Conditions in Response to Notice of Intent dated December 19, 2002 Mayor Judith Valles and Members of the Common Council: We are submitting this "Statement of Conditions" in accordance with a letter dated December 19, 2002 that accompanied a "Notice of Intent to Adopt Resolution of Necessity to Acquire Certain Real Property or Interest in Real Property by Eminent Domain." Following, in no order of importance to us, are our concerns. There is already access, ingress and egress, to the university. The proposed road will direct traffic away from existing businesses. The proposed road will be detrimental to the business community already in existence. The way the project is designed will cause environmental problems with wildlife and the natural landscape. It will cause health problems, such as lighting and noise issues, to the only residents that it impacts-us. There will be possible drainage and flood problems with water run-off to our property. The road design impairs our current property usage. Further, it also impairs future development of the property in that it most likely leaves a parcel that cannot be built on. The plans show no ingress or egress for us on to the proposed roadway. It was represented to us that there would be complete access to our property by the City. We agreed to sell our other piece of property to the City in 1992 on that basis (see attached June 8, 1992 Purchase Offer). At this time, the cost of the proposed road, to not only us personally but also to the community benefit, out-weighs the future benefit that would be achieved by this proposal. Statement of Conditions in Response to Notice of Intent dated December 19, 2002 Page 2 We have also attached a copy of letter dated November 18, 2002 that we sent to Mr. Raymond Casey, City Engineer and Deputy Director of Development Services. This letter includes in greater detail many of the concerns addressed above. Sincerely, ~f4/~ 0#~d/7?-CU'~/:J;~ Everett E. McGrew Aldona Rae McGrew Attachments: June 8, 1992 Purchase Offer November 18, 2002 correspondence to Raymond Casey M,. Alld M,s. StI",tt Me(';rtlW 2368 /(tJltda8t D,I.,tJ Salt 8tJ'lta,dllto. eA 92"01 November 18, 2002 Mr. Raymond A. Casey City EngineerlDeputy Director of Development Services 300 North D. Street San Bernardino, CA 92418 Subject: 2358 Kendall Drive (APN 0261-231-06) Dear Mr. Casey: We are life-long residents of San Bernardino. In 1970 we moved into our current house; we have lived here for 32 years seeing many changes in the area. In 1992 the City of San Bernardino purchased Lot 15 (our easterly lot used for corrals for our horses and donkeys) for the proposed Pepper Linden Drive. We have a number of concerns about the design of the proposed road. Some of these issues are discussed in this letter. In 1992, the City paid nearly $4.00/square foot for the property. In the last ten years we know that commercial property has increased in land value in the area. There have been a number of commercial developments in the vicinity of our house. The City is currently offering us nearly $3.00/square foot for acquiring additional right of way and an easement. This price is not acceptable to us. When the City purchased Lot 15 from us in 1992 we were promised ingress and egress from Pepper Linden Drive. We do not see this on the current plans and based on the size of the slope proposed do not know how this would be achieved. This is a concern because we will have a difficult time exiting our driveway on to Kendall Drive. There is a traffic light proposed east of our driveway and the back- up of cars will block our drive way. The proposed road is very close to our residence and we have health concerns caused by traffic noise, exhaust fumes, and lights from the traffic. The road is elevated and lights will shine into our bedroom windows. A block wall may be required to alleviate noise concerns; but then our view from the kitchen window will be six feet of concrete about 20 feet from the house. We are also concerned about drainage problems that will result on the northerly end of our property. We have witnessed many changes in our neighborhood over the last 32 years. The area has gone from being very rural to being developed with shopping centers and apartments. Our property is commercially zoned and, we believe, developable. However, the amount of land requested by the City may reduce the site to a size that cannot be developed. To eliminate the concerns listed above we suggest the City purchase all of our property at a price acceptable to both parties. We look forward to further discussions on this matter. Sincerely, ~~f2u<-- U}dA-?fA~j)~r Everett E. McGrew Aldona Rae McGrew cc: Joe Suarez, Fifth Ward Councilman 1 t~f~ RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND 3 DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN REAL PROPERTY LOCATED NORTH 4 OF KENDALL DRIVE, EAST OF THE DEVIL'S CREEK FLOOD CONTROL CHANNEL, KNOWN AS ASSESSOR'S PARCEL NUMBER 0261-231-06, RELATIVE 5 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS 6 PEPPER LINDEN DRIVE, IN SAN BERNARDINO. 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 9 10 Council on January 21,2003, entitled: 11 12 13 SECTION 1. That Resolution No. 2003-28, adopted by the Mayor and Common "RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN REAL PROPERTY...KNOWN AS ASSESSOR'S PARCEL NUMBER 0261-231-06..." 14 is hereby rescinded. SECTION 2. That the Mayor and Common Council, as part of the hearing held on May 15 16 19, 2003, at which this Resolution is considered. did review the Notice of Intent to adopt a 17 18 19 20 21 22 23 24 25 Mitigated Negative Declaration and the Initial Study regarding the envirorunental effects of Public Works Project PWP 01-03, the construction of Campus Parkway (formerly referenced as Pepper Linden Drive), from Kendall Drive to Northpark Boulevard and the installation of traffic signals at Campus Parkway and Kendall Drive (State Clearing House No. 2002071130) pursuant to requirements of CEQA. The Project Description also included acquisition of right of way, grading the roadway to full width and construction of two lanes of an ultimate four lane arterial. The Notice of Intent was received and posted by the County Clerk's office on July 17, 2002 for 30 days. The Notice of Intent was also published in The Sun newspaper on July 17, 2002. No 26 27 28 comments were received during the public review period. '--n 0, II t; /11'10-3 1 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN 2 REAL PROPERTY LOCATED NORTH OF KENDALL DRIVE, EAST OF THE DEVIL'S CREEK FLOOD CONTROL CHANNEL, KNOW AS ASSESSOR'S PARCEL NUMBER 0261-231-06, RELATIVE 3 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS PEPPER LINDEN DRIVE, 4 5 6 7 The Mayor and Common Council hereby finds that there have been no changes to the Project or to the surrounding area since the Initial Study was drafted. Based on the record, the Mayor and Common Council further find that although the proposed Project could have a 8 9 significant effect on the environment, there will not be a significant effect in this case because 10 the mitigation measures attached to the Initial Study have been added to the Project. The Mayor 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and Common Council do hereby adopt the Mitigated Negative Declaration and the Mitigated Monitoring/Reporting Program for Public Works Project PWP No. 01-03, and direct that the Public Works Division file a Notice of Determination with the San Bernardino County Clerk's Office. SECTION 3. That on May 19, 2003, after at least fifteen (15) days written notice to the owner of the property listed in Section 4 of this Resolution, the Mayor and Common Council held a hearing for the purpose of allowing the owner a reasonable opportunity to appear and be heard on the following matters: a. Whether the public interest and necessity require the project; b. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and c. Whether the property sought to be acquired is necessary for the project. SECTION 4. The Mayor and Common Council of the City of San Bernardino, as a 26 result of the above Hearing, determined that the public health, safety and welfare requires the 27 acquisition by the City of a portion of that certain parcel of real property, more particularly 28 2 1 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN 2 REAL PROPERTY LOCATED NORTH OF KENDALL DRIVE, EAST OF THE DEVIL'S CREEK FLOOD CONTROL CHANNEL, KNOW AS ASSESSOR'S PARCEL NUMBER 0261-231-06, RELATIVE 3 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS PEPPER LINDEN DRIVE. 4 5 described in Exhibit "A", and depicted in relation to the proposed project by the map in Exhibit 6 7 "B", attached and incorporated by reference, for street and highway purposes, a public purpose. The acquisition is authorized by Section 19 of Article 1 of the California Constitution; Sections 8 9 1,40, and 240 of the City Charter; Section 37350.5 of the California Government Code; and 10 Sections 1240.010 through 1240.050 of the California Code of Civil Procedure. 11 SECTION 5. The owners of said property to whom Notice of said Hearing was mailed 12 is set forth on Exhibit "C". attached hereto and incorporated herein by reference. The mailing 13 address of the owner is as shown on the last equalized county assessment roll, as required by 14 law, and also as otherwise may be known. 15 16 17 find and determine and declare that: (a) the public interest and necessity requires the proposed SECTION 6. The Mayor and Common Council of the City of San Bernardino hereby 18 project and the acquisition by the City of San Bernardino of an easement over the property for 19 public street purposes and all appurtenant uses; (b) the location of the proposed project is 20 21 22 23 planned or located in the manner that will be most compatible with the greatest public good and the least private injury; (c) the property and the taking of the interest in the property as above described, is necessary for the proposed project; and (d) offers required by Section 7267.2 of the 24 Government Code have been made to the owners of record. 25 SECTION 7. The Mayor and Common Council of the City of San Bernardino do hereby 26 declare that it is the intention of the City to acquire this property in its name in accordance with 27 the provisions of Ihe laws of the State of California with reference to condemnation procedures. 28 3 1 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN 2 REAL PROPERTY LOCATED NORTH OF KENDALL DRIVE, EAST OF THE DEVIL'S CREEK FLOOD CONTROL CHANNEL, KNOW AS ASSESSOR'S PARCEL NUMBER 0261-231-06, RELATIVE 3 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS PEPPER LINDEN DRIVE, 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 8. The property is located in the City of San Bernardino, County of San Bernardino, State of California, and is particularly described and depicted in said Exhibits "A" and "'B". SECTION 9. The City Attorney's Office is hereby authorized and directed to prepare, institute and prosecute, in the name of the City, such proceedings, in the court having proper jurisdiction, as may be necessary for the acquisition of the subject property. The City Attorney's Office is also authorized and directed to make a deposit in the manner provided by law of the sum determined to be just compensation for said property and to request and obtain a necessary court order granting the City the right of immediate possession and occupancy of the property. The City Attorney's Office is also authorized to take any action necessary or appropriate to acquire any temporary right of access to the property which may be necessary for construction of any planned improvements. SECTION 10. The City Clerk shall certify to the adoption of this Resolution. 11/ 11/ 4 1 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN 2 REAL PROPERTY LOCATED NORTH OF KENDALL DRIVE, EAST OF THE DEVIL'S CREEK FLOOD CONTROL CHANNEL, KNOW AS ASSESSOR'S PARCEL NUMBER 0261-231-06, RELATIVE 3 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS PEPPER LINDEN DRIVE. 4 5 6 Common Council of the City of San Bernardino at 7 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and meeting a day of , 20_, by the following NAYS ABSTAIN ABSENT City Clerk 21 The foregoing resolution IS hereby approved this _ day of 20 22 23 24 Approved as to form 25 and legal content: JUDITH V ALLES, Mayor City of San Bernardino 26 JAMES F. PENMAN, City Horney 27 28 5 EXHIBIT "A" LEGAL DESCRIPTION FOR A PORTION OF PEPPER LINDEN DRIVE, NORTHERL Y OF KENDALL DRIVE. APN: 0261-231-06 McGREW That portion of Lot 14, Tract No. 2404, as per plat thereof recorded in Book 34 of Maps, pages 52 and 53, records of the County Recorder of San Bernardino County, State of California, described as follows: PARCEL ONE: An easement for street and highway purposes, and appurtenant facilities, being a portion of a strip ofland, 100 feet wide, lying within said Lot 14, the centerline of which is described as follows: Beginning on the centerline of Kendall Drive, distant thereon 1010.28 feet from its intersection with the centerline of Deerfield Street, as said street is delineated on the Map of Tract No. 10647, as per plat thereof recorded in Book 159 of Maps, pages 39 and 40, records of said County; thence North 320 06' 26" East, a distance of225.00 feet, to a tangent curve, concave southeasterly, having a radius of 1850.00 feet; thence northeasterly, along said curve, through a central angle of 21 0 39' 07', an arc distance of 699.1 I feet to the point of termination. The sidelines of said easement shall be lengthened or shortened as to commence on the southwesterly line of said Lot 14 and terminate on the northeasterly line of said lot 14. Contains 12,517 square feet, more or less. PARCEL TWO: An easement for street and highway purposes, and appurtenant facilities, described as follows: Beginning at the most westerly corner of said Lot 14, said point also being on the northeasterly line of Kendall Drive, having a half-width of 40 feet; thence North 320 15' 50" East, along the northwesterly line of said Lot 14, a distance of 34.79 feet; thence South 12048' 52" East, a distance of 35.11 feet; thence South 320 15' 50" West, a distance of 10.00 feet, to the southwesterly line of said Lot 14 and said northeasterly line of Kendall Drive; thence North 570 44' 10" West, along said southwesterly line, a distance of 24.86 feet, more or less, to the Point of Beginning Contains 557 square feet, more or less. PARCEL THREE: An easement for slope and drainage and appurtenant facilities, lying within said Lot 14, being southeasterly of the southeasterly line of Parcel one, described above, and northwesterly of the following described line: Commencing at the most westerly corner of said Lot 14, said point also being on the northeasterly line of Kendall Drive, having a half-width of 40 feet; thence North 320 15' 50" East, along the northwesterly line of said Lot 14, a distance of34. 79 feet to the True Point of Beginning; thence South 12048' 52" East, a distance of7.35 feet; thence North 340 43' 52" East, a distance of 115.9 feet; thence North 350 54' OS" East, a distance of 115 feet; thence North 400 33' 32" East, a distance of 140 feet; thence North 44036' 51" East, a distance of 133 feet; thence North 380 36' 36" East, a distance of 33 feet; thence North 310 39' 50" East, a distance of28 feet; thence North 240 48' 15" East, a distance of34 feet; thence North 11005' 29" West, a distance of 8 feet; thence North 390 41' 02" East, a distance of 6.16 feet; thence North 690 37' 45" East, a distance of 33.57 feet; then South 760 56' 51" East, a distance of20.61 feet, more or less, to the southeasterly line of said Lot 14; thence North, along said southeasterly line, a distance of 44.28 feet, more or less, to the northwesterly corner of said Lot 14; thence northwesterly, along the northeasterly line of said Lot 14 to the southeasterly line of the easement described in PARCEL ONE above; thence southwesterly, along said southeasterly line, to said northwesterly line of Lot 14; thence southwesterly, along said northwesterly line to the True Point of Beginning. Contains 13,942 square feet, more or less. IMAP NOli N64'5059W - PARCE ONE 10~ tf 0' ~"J (} <:,'V ~ ,'If ~ 5>.' <0' ~O~' Is/ 0' WI 0::' f.-I 0, ~I ~, t)f 50' , I 'f~f I '- 17 .~ ~ ; (I wi , , to NIO . 0 to, . Ol~ , N N ...." Zl '/;\0 ....0<:/' , ;:/ OJ OJ' ~I , o paB (P"r. TI1,,,e} ~ - I .------/ /1 / I III m PARCEL THREE 735' w b '!"en ~~ -~ , ~ N n Z Right of Way Parcel One: 12,517 sq ft.:!: Parcel Two: 557 sq. ft. :!: Total R!W: 13,074 sq ft.:!: Slope and Drainage Easement 13,942 sq. ft. t LINE DATA A N34'43'S2"E 11S.9' B N3S'S4'OS"E 11S00' C N 40' 33' 32" E 140.00' D N44'36'S1"E 133.00' E N 38' 36' 36" E 33.00' F N 31' 39' SO" E 28.00' G N 24' 48' 1S" E 34.00' H N 11'OS'29"W 8.00' I N39'41'02"E 6.16' J N 69' 37' 4S" E 33.S7' K S 76' S6' S1" E 20.61' ;: ~o "'0 - 0 , - N n <n / - See I \ Detail "A' \ PARCEL TWO ~ I POB .~ - - N 5Y 44"0-7~- - - P'-- 1 ~1 O. 2~'~(L D~ERFI~L~S_TREE~ _ _ _ __ ~ (p;a~"'J KEND ALL DRI VE N57""10'W 24 B6'. Detail. A. (N. T. 5) Proposed Right of Way and Slope Easement - Portion of Pepper Linden Drive, Northerly Kendall Drive (APN 0261- 231-06) CITY OF SAN BERNARDINO PUBLIC WORKS/ENGINEERING REAL PROPERTY SECTION Created by: ~ Date: '/. Ot.- Approve . Date: Checked by: Date: EXHIBIT "B" Revised by: Date: EVERETT E. MCGREW AND ALDaNA R. MCGREW, HUSBAND AND WIFE AS JOINT TENANTS. EVERETT E. AND ALDaNA R. MCGREW 2358 KENDALL DRIVE SAN BERNARDINO, CA 92407 EXHIBIT "e" RESOLU~ (Q) w>> '\f 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND 3 DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN REAL PROPERTY LOCATED NORTH 4 OF KENDALL DRIVE, EAST OF THE DEVIL'S CREEK FLOOD CONTROL CHANNEL, KNOWN AS ASSESSOR'S PARCEL NUMBER 0261-231-07, RELATIVE 5 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS PEPPER LINDEN DRIVE, IN SAN BERNARDINO. 6 7 8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That Resolution No. 2003-29, adopted by the Mayor and Common 9 Council on January 21, 2003, entitled: 10 11 12 "RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN REAL PROPERTY...KNOWN AS ASSESSOR'S PARCEL NUMBER 0261-231-27..." 13 14 15 is hereby rescinded. SECTION 2. That the Mayor and Common Council, as part of the hearing held on May 16 19, 2003, at which this Resolution is considered, did review the Notice of Intent to adopt a 17 Mitigated Negative Declaration and the Initial Study regarding the environmental effects of 18 Public Works Project PWP 01-03, the construction of Campus Parkway (formerly referenced as 19 20 21 22 23 24 25 26 27 28 Pepper Linden Drive), from Kendall Drive to Northpark Boulevard and the installation of traffic signals at Campus Parkway and Kendall Drive (State Clearing House No. 2002071130) pursuant to requirements of CEQA. The Project Description also included acquisition of right of way, grading the roadway to full width and construction of two lanes of an ultimate four lane arterial. The Notice of Intent was received and posted by the County Clerk's office on July 17,2002 for 30 days. The Notice of Intent was also published in The Sun newspaper on July 17, 2002. No comments were received during the public review period. 1 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN 2 REAL PROPERTY LOCATED NORTH OF KENDALL DRIVE, EAST OF THE DEVIL'S CREEK FLOOD CONTROL CHANNEL, KNOW AS ASSESSOR'S PARCEL NUMBER 0261-231-07, RELATIVE 3 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS PEPPER LINDEN DRIVE, 4 5 6 7 The Mayor and Common Council hereby finds that there have been no changes to the Project or to the surrounding area since the Initial Study was drafted. Based on the record, the Mayor and Common Council further find that although the proposed Project could have a 8 9 significant effect on the environment, there will not be a significant effect in this case because 10 the mitigation measures attached to the Initial Study have been added to the Project. The Mayor 11 and Common Council do hereby adopt the Mitigated Negative Declaration and the Mitigated 12 Monitoring/Reporting Program for Public Works Project PWP No. 01-03, and direct that the 13 14 15 16 17 18 19 20 21 22 23 24 Public Works Division file a Notice of Determination with the San Bernardino County Clerk's Office. SECTION 3. That on May 19, 2003, after at least fifteen (15) days written notice to the owner of the property listed in Section 4 of this Resolution, the Mayor and Common Council held a hearing for the purpose of allowing the owner a reasonable opportunity to appear and be heard on the following matters: a. Whether the public interest and necessity require the project; b. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and c. Whether the property sought to be acquired is necessary for the project. 25 SECTION 4. The Mayor and Common Council of the City of San Bernardino, as a 26 result of the above Hearing, determined that the public health, safety and welfare requires the 27 acquisition by the City of a portion of that certain parcel of real property, more particularly 28 2 1 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN 2 REAL PROPERTY LOCATED NORTH OF KENDALL DRIVE, EAST OF THE DEVIL'S CREEK FLOOD CONTROL CHANNEL, KNOW AS ASSESSOR'S PARCEL NUMBER 0261-231-07, RELATIVE 3 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS PEPPER LINDEN DRIVE. 4 5 described in Exhibit "A", and depicted in relation to the proposed project by the map in Exhibit 6 7 "B", attached and incorporated by reference, for street and highway purposes, a public purpose. The acquisition is authorized by Section 19 of Article 1 of the California Constitution; Sections 8 9 1,40, and 240 of the City Charter; Section 37350.5 of the California Government Code; and 10 Sections 1240.010 through 1240.050 of the California Code of Civil Procedure. 11 SECTION 5. The owners of said property to whom Notice of said Hearing was mailed 12 is set forth on Exhibit "C", attached hereto and incorporated herein by reference. The mailing 13 address of the owner is as shown on the last equalized county assessment roll, as required by 14 law, and also as otherwise may be known. 15 16 17 18 19 20 SECTION 6. The Mayor and Common Council of the City of San Bernardino hereby find and determine and declare that: (a) the public interest and necessity requires the proposed project and the acquisition by the City of San Bernardino of an easement over the property for public street purposes and all appurtenant uses; (b) the location of the proposed project is planned or located in the manner that will be most compatible with the greatest public good and 21 22 the least private injury; (c) the property and the taking of the interest in the property as above described, is necessary for the proposed project; and (d) offers required by Section 7267.2 of the 23 24 25 Government Code have been made to the owners of record. SECTION 7. The Mayor and Common Council of the City of San Bernardino do hereby 26 declare that it is the intention of the City to acquire this property in its name in accordance with 27 the provisions of the laws of the State of California with reference to condemnation procedures. 28 3 1 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN 2 REAL PROPERTY LOCATED NORTH OF KENDALL DRIVE, EAST OF THE DEVIL'S CREEK FLOOD CONTROL CHANNEL, KNOW AS ASSESSOR'S PARCEL NUMBER 0261-231-07, RELATIVE 3 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS PEPPER LINDEN DRIVE. 4 5 6 7 8 9 SECTION 8. The property is located in the City of San Bernardino, County of San Bernardino, State of California, and is particularly described and depicted in said Exhibits "A" and "Bl'. SECTION 9. The City Attorney's Office is hereby authorized and directed to prepare, 10 institute and prosecute, in the name of the City, such proceedings, in the court having proper 11 jurisdiction, as may be necessary for the acquisition of the subject property. The City Attorney's 12 13 14 15 Office is also authorized and directed to make a deposit in the manner provided by law of the sum determined to be just compensation for said property and to request and obtain a necessary court order granting the City the right of immediate possession and occupancy of the property. The City Attorney's Office is also authorized to take any action necessary or appropriate to 16 17 acquire any temporary right of access to the property which may be necessary for construction of 18 any planned improvements. 19 20 1// 21 /1/ 22 23 24 25 26 27 28 SECTION 10. The City Clerk shall certify to the adoption of this Resolution. 4 1 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN 2 REAL PROPERTY LOCATED NORTH OF KENDALL DRIVE, EAST OF THE DEVIL'S CREEK FLOOD CONTROL CHANNEL, KNOW AS ASSESSOR'S PARCEL NUMBER 0261-231-07, RELATIVE 3 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS PEPPER LINDEN DRIVE. 4 5 6 Common Council of the City of San Bernardino at 7 8 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and meeting a thereof held on the ,20_, by the following day of NAYS ABSTAIN ABSENT City Clerk 21 The foregoing resolution IS hereby approved this _ day of 20 22 23 24 Approved as to form 25 and legal content: 26 JAMES F. PENMAN, 27 City Attorney By ~_ t .; e-vvv- 28 {l JUDITH VALLES, Mayor City of San Bernardino 5 EXHIBIT "A" LEGAL DESCRIPTION FOR A SLOPE AND DRAINAGE EASEMENT EASTERL Y OF PEPPER LINDEN DRIVE, NORTHERLY OF KENDALL DRIVE. APN: 0261-231-07 MAP NO.2 Haensly A slope easement and appurtenant facilities, lying within Lot 13, Tract No. 2404, as per plat thereof recorded in Book 34 of Maps, pages 52 and 53, records of the County Recorder of San Bernardino County, State of California, described as follows: Beginning at the most northerly corner of said Lot 13; thence South 320 15'50" West, along the northwesterly line of said Lot 13, a distance of 44.28 feet; thence South 760 56' 5 I" East, a distance of37.59 feet; thence South 560 SO' 35" East, a distance of 11.02 feet; thence South 870 18' 35" East, a distance of61.49 feet, more or less, to the southeasterly line of said Lot 13; thence North 320 15'50" East, along said southeasterly line, a distance of 14.22 feet, more or less, to the northeasterly corner of said Lot 13; thence North 640 SO' 59" West, along the northeasterly line of said Lot 13, a distance of 101.77 feet, more or less, to the point of beginning. Contains 3,233 square feet, more or less. MAP NO.2 ------,--- : Slope and Drainage Easement (see detail below) (3,233 sq. ft. :t) / , ::/ Ol Ol' !; t><,\::J 'V 0' ,~ ~'V ""reG ":J~ ~O '~<9' ;: b "'''' , N '" - ~... . ... N M en -/ (:- l,j gl 0, ll) ff! 0::, f.../ 0, ~I N' 8/ 50' , 50' I , 'j !1 ,..; " , ' . r N 64' 50' 59" W '\O'.7H w o ~ . -N ~N -. ;.,- M :z ,.\; 6" 16'" ~ S ,1" I I I I I I I I I I I I I I I I I , 0 k:--=: 1010_28' to ell DEERFIElD STREET ... --N57~44'1~W ---------------------------- KENDALL DRIVE ~ 13 -~ /~ I -, wi , I <D Nlo . 0 <D' . ol~ , N N r'l' zl ~\e ~osc Proposed Slope and Drainage Easement - Portion of Pepper linden Drive. Northerly of doll Drive (APN 0261-231-07) CITY OF SAN BERNARDINO PUBLIC WORKS/ENGINEERING REAL PROPERTY SECTION Created by: Checked by: Date: J!.fJ,'2.- Date: Yi t8 2-- APproved:~~<flvDate: f~fot Sr. Civil Engineer EXHIBIT "B" Revised by: Date: THE JEAN M. HAENSL Y REVOCABLE TRUST DATED JANUARY 24, 2001; JEAN M, HAENSL Y AS TRUSTEE FOR THE BENFIT OF JEAN M. HAENSL Y AND HER DES1GNA TED BENEFICIARIES. JEAN M. HAENSL Y 2340 KENDALL DRIVE SAN BERNARDINO, CA 92407 EXHIBIT "C" 1 RESOLUTIOtO ~y 2 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND 3 DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN REAL PROPERTY LOCATED NORTH 4 OF KENDALL DRIVE, EAST OF THE DEVIL'S CREEK FLOOD CONTROL CHANNEL, KNOWN AS ASSESSOR'S PARCEL NUMBER 0261-231-27, RELATIVE 5 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS 6 PEPPER LINDEN DRIVE, IN SAN BERNARDINO. 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. That Resolution No. 2003-30, adopted by the Mayor and Common 9 10 Council on January 21, 2003, entitled: 11 12 13 "RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN REAL PROPERTY...KNOWN AS ASSESSOR'S PARCEL NUMBER 0261-231-27..." 14 15 is hereby rescinded. SECTION 2. That the Mayor and Common Council, as part of the hearing held on May 16 19, 2003, at which this Resolution is considered, did review the Notice of Intent to adopt a 17 18 19 Mitigated Negative Declaration and the Initial Study regarding the environmental effects of Public Works Project PWP 01-03, the construction of Campus Parkway (formerly referenced as Pepper Linden Drive), from Kendall Drive to Northpark Boulevard and the installation of traffic 20 signals at Campus Parkway and Kendall Drive (State Clearing House No. 2002071130) pursuant 21 22 to requirements of CEQA. The Project Description also included acquisition of right of way, 23 grading the roadway to full width and construction of two lanes of an ultimate four lane arterial. 24 The Notice of Intent was received and posted by the County Clerk's office on July 17, 2002 for 25 30 days. The Notice of Intent was also published in The Sun newspaper on July 17, 2002. No 26 comments were received during the public review period. 27 28 1 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN 2 REAL PROPERTY LOCATED NORTH OF KENDALL DRIVE, EAST OF THE DEVIL'S CREEK FLOOD CONTROL CHANNEL, KNOW AS ASSESSOR'S PARCEL NUMBER 0261-231-27, RELATIVE 3 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS PEPPER LINDEN DRIVE. 4 5 6 7 The Mayor and Common Council hereby finds that there have been no changes to the Project or to the surrounding area since the Initial Study was drafted. Based on the record, the Mayor and Common Council further find that although the proposed Project could have a 8 9 significant effect on the environment, there will not be a significant effect in this case because 10 the mitigation measures attached to the Initial Study have been added to the Project. The Mayor 11 and Common Council do hereby adopt the Mitigated Negative Declaration and the Mitigated 12 13 14 15 Monitoring/Reporting Program for Public Works Project PWP No. 01-03, and direct that the Public Works Division file a Notice of Determination with the San Bernardino County Clerk's Office. 16 SECTION 3. That on May 19, 2003, after at least fifteen (J 5) days written notice to the 17 owner of the property listed in Section 4 of this Resolution, the Mayor and Common Council 18 held a hearing for the purpose of allowing the owner a reasonable opportunity to appear and be 19 20 21 heard on the following matters: a. Whether the public interest and necessity require the project; b. Whether the project is planned or located in the manner that will be most 22 23 24 25 compatible with the greatest public good and the least private injury; and c. Whether the property sought to be acquired is necessary for the project. SECTION 4. The Mayor and Common Council of the City of San Bernardino, as a 26 result of the above Hearing, determined that the public health, safety and welfare requires the 27 acquisition by the City of a portion of that certain parcel of real property, more particularly 28 2 1 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN 2 REAL PROPERTY LOCATED NORTH OF KENDALL DRIVE, EAST OF THE DEVIL'S CREEK FLOOD CONTROL CHANNEL, KNOW AS ASSESSOR'S PARCEL NUMBER 0261-231-27, RELATIVE 3 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS PEPPER LINDEN DRIVE. 4 5 described in Exhibit "A", and depicted in relation to the proposed project by the map in Exhibit 6 7 "B", attached and incorporated by reference, for street and highway purposes, a public purpose. The acquisition is authorized by Section 19 of Article I of the California Constitution; Sections 8 9 I, 40, and 240 of the City Charter; Section 37350.5 of the California Government Code; and 10 Sections 1240.010 through 1240.050 of the California Code of Civil Procedure. 11 SECTION 5. The owners of said property to whom Notice of said Hearing was mailed 12 is set forth on Exhibit "C", attached hereto and incorporated herein by reference. The mailing 13 address of the owner is as shown on the last equalized county assessment roll, as required by 14 law, and also as otherwise may be known. 15 16 17 find and determine and declare that: (a) the public interest and necessity requires the proposed 18 19 20 SECTION 6. The Mayor and Common Council of the City of San Bernardino hereby project and the acquisition by the City of San Bernardino of an easement over the property for public street purposes and all appurtenant uses; (b) the location of the proposed project is planned or located in the manner that will be most compatible with the greatest public good and 21 22 the least private injury; (c) the property and the taking of the interest in the property as above described, is necessary for the proposed project; and (d) offers required by Section 7267.2 of the 23 24 Government Code have been made to the owners of record. 25 SECTION 7. The Mayor and Common Council of the City of San Bernardino do hereby 26 declare that it is the intention of the City to acquire this property in its name in accordance with 27 the provisions of the laws of the State of California with reference to condemnation procedures. 28 3 1 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN 2 REAL PROPERTY LOCATED NORTH OF KENDALL DRIVE, EAST OF THE DEVIL'S CREEK FLOOD CONTROL CHANNEL, KNOW AS ASSESSOR'S PARCEL NUMBER 0261-231-27, RELATIVE 3 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS PEPPER LINDEN DRIVE. 4 5 6 SECTION 8. The property is located in the City of San Bernardino, County of San Bernardino, State of California, and is particularly described and depicted in said Exhibits "A" 7 8 and HB", SECTION 9. The City Attorney's Office is hereby authorized and directed to prepare, 9 10 institute and prosecute, in the name of the City, such proceedings, in the court having proper 11 12 13 jurisdiction, as may be necessary for the acquisition of the subject property. The City Attorney's Office is also authorized and directed to make a deposit in the manner provided by law of the sum determined to be just compensation for said property and to request and obtain a necessary 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 court order granting the City the right of immediate possession and occupancy of the property. The City Attorney's Office is also authorized to take any action necessary or appropriate to acquire any temporary right of access to the property which may be necessary for construction of any planned improvements. SECTION 10. The City Clerk shall certify to the adoption of this Resolution. /11 11/ 4 1 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN 2 REAL PROPERTY LOCATED NORTH OF KENDALL DRIVE, EAST OF THE DEVIL'S CREEK FLOOD CONTROL CHANNEL, KNOW AS ASSESSOR'S PARCEL NUMBER 0261-231-27, RELATIVE 3 TO THE EXTENSION OF CAMPUS PARKWAY, FORMERLY REFERENCED AS PEPPER LINDEN DRIVE. 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 7 Common Council of the City of San Bernardino at a meeting thereof held on the 8 9 vote, to-wit: 10 Council Members: AYES 11 ESTRADA 12 LONGVILLE 13 MCGINNIS 14 DERRY 15 16 SUAREZ 17 ANDERSON 18 MCCAMMACK 19 20 day of ,20_, by the following NAYS ABSTAIN ABSENT City Clerk 21 The foregoing resolution IS hereby approved this _ day of 20 22 23 24 Approved as to form 25 and legal content: 26 JAMES F. PENMAN, City ttomey 27 28 JUDITH V ALLES, Mayor City of San Bernardino 5 EXHIBIT "A" LEGAL DESCRIPTION FOR A SLOPE AND DRAINAGE EASEMENT EASTERLY OF PEPPER LINDEN DRIVE, NORTHERLY OF KENDALL DRIVE. APN: 0261-231-27 Map No.3 Sehremelis A slope easement and appurtenant facilities, lying within Lot 12, Tract No. 2404, as per plat thereof recorded in Book 34 of Maps, pages 52 and 53, records of the County Recorder of San Bernardino County, State of California, described as follows: Beginning at the northwesterly corner of said Lot 12; thence South 32015' 50" West, a distance of 14.22 feet; thence South 87018' 35" East, a distance of20.46 feet; thence South 58015' 35" East, a distance of 20.49 feet; thence South 780 55' 17" East, a distance of 20.57 feet, more or less, to the northeasterly line of said Lot 12; thence North 64050' 39" West, along said northeasterly line of Lot 12, a distance of 54.85 feet, more or less, to the point of beginning. Contains 422 square feet, more or less. MAr NO.3 / ~POB ~ / Slope and Drainage Easement (see detail below) (422 sq. ft. :t) / . ::/ Ol Ol' !/ , gj o. ll) rl 0::' ;..1 0, ~I ;:;j. t)J 50' 1 50' I 1 1 ft N 64. 5Q' 39"W 54B5': ;: b ~N inN << N- M '" '/;\6 ~oSC A A I 'f , "j " ; , 12 ,. i I I wi , 1 <0 Nlo - 0 <01 ' Ol~ NN f")1 zl I I I I ! I I _ 1010.28' ----~~--- N 57" 44' 10" W to elL DEERFIELD STREET o .;- KENDALL DRIVE o Lfl Proposed Slope and Drainage Easemen t - Portion of Pepper Linden Drive, Northerly of I<'Qndall Drive (APN 0261-231-27) CITY OF SAN BERNARDINO PUBLIC WORKS/ENGINEERING REAL PROPERTY SECTION APprove~ate: !/~J.. Sr, Civil gineer EXHIIIIT "B" Created by: Checked by: Dale: Revised by: Date: ATHENA A. SEHREMELIS, A SINGLE WOMAN AS HER SOLE AND SEPARATE PROPERTY ATHENA A. SEHREMELIS 3 221 LILLY AVENUE LONG BEACH, CA 90808 EXHIBIT "C" ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 6--\ '1 -cd Item # I I 1\ Resolution # 2m 3 - \ () 1::) Vote: Ayes 1- (, Nays 'I Abstain .-if Absent ..8- Change to motion to amend original documents: - Reso. # On Attachments: --=--- Contract term: Note on Resolution of Attachment stored separately:~ Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY NullNoid After: - By: - Date Sent to Mayor: 5 - )0 --() "> Date of Mayor's Signature: 5 -;)';)-(P, Date of Clerk/CDC Signature: c; -;);;J -o.~ Reso. Log Updated: //' Seal Impressed: .-/' Date Memo/Le~S,,~t for Signature: -.--.--.--.---... '...-.------ 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: Date Returned: ';ee Attached: SeeA~ Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Yes ./ No By Yes No-L- By Yes No ..-L By Yes No ~ By Yes No B Copies Distributed to: City Attorney / Parks & Rec. Public Services Water Others: Finance ~ MIS Leo, 0,f'GS'1 ( C ) , Code Compliance Dev. Services ~ EDA Police Notes: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: (rv( Date: 5 - CJd 0.3 Revised 01/12/01 ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Item # 'I tl8 Resolution # 2003-\ 10 Absemb- Meeting Date (Date Adopted): Vote: Ayes 1- ir 5 1'1-03 Nays Abstain -&-- Change to motion to amend original documents: Reso. # On Attachments: --==- Contract term: - Note on Resolution of Attachment stored separately: --==- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY Null/Void After: By: - Date Sent to Mayor: 5 - dO - 0.3:, Date of Mayor's Signature: 5 --';:I:::><5'S Date of ClerklCDC Signature: S.;;;:;;;> -<0.~ Reso. Log Updated: ,- Seal Impressed: /' See Attached: See Attached: See Attached: Date Returned: Date IvIclUu/LGtter SenLfm:.-fugnature: ---- 60 Day Reminder Letter Sent on 30th dar:---- 90 Day Reminder Letter Sent on 45th day: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Copies Distri7 to: City Attorney Parks & Rec. Code Compliance Dev. Services / EDA Finance ./ MIS !.k--o, roG ~'/ (C ') f Public Services Water Others: Police Notes: BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.) Ready to File: f)l( Date: 5' d3-63 Revised 01/12/01 ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM '?JJo3-- \ \ \ Absent e Meeting Date (Date Adopted): .5' \ 9' 03, Item # I \ C- Resolution # Vote: Ayes 1- (" Nays f') Abstain ,f"j' Change to motion to amend original documents: -- Reso, # On Anachments: -==-- Contract term: - Note on Resolution of Attachment stored separately: -==-- Direct City Clerk to (circle 1): PUBLISH, POST, RECORD W/COUNTY Date Sent to Mayor: :5 " oD' 03 Date of Mayor's Signature: 5, ;/~ Date ofClerk/CDC Signature: C;'?:?'Q-\ D~en]o/Letter Sent for Signature: 60 Day Reminder Letter Senfoi;-30tIrday'-'--- 90 Day Reminder Letter Sent on 45th day: See Attached: See Attached: See Attached: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Copies Distributed to: City Attorney / Parks & Rec. Dev. Services /' Code Compliance Police Public Services Water Notes: NulllVoid After: - By: - Reso, Log Updated: Seal Impressed: V ./' Date Returned: - Yes/ No By Yes No ,/ By Yes No j/ By ~ Yes No /, By Yes No/ B EDA Finance'/ MIS W J:r:,~'/ Cc ) Others: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: j11L Date: 5' c);? c) 3 Revised 01/12/01