HomeMy WebLinkAbout03-Public Comments
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WARNER W, HODGDON
HEART BAR RANCH. ARROWHEAD SPRINGS
POST orneE BOX 2146
SAN BERNARDINO. CALIFORNIA 92406
(714) .81.1"'7
Monday, August 3,1992
'IElJ!COPY,
(114) 116-9962
Mayor and Common Council
City of San Bernardino
300 North "D" Street
San Bernardino, California 92418-0001
RE: Common Council Meeting, Monday, July 20,1992
James F. Penman, City Attorney
Dear Mayor and Common Council,
This letter is pertaining to the above referenced subjects. As you may know, 1
attended portions of the Council Meeting on Monday, July 20,1992; my purpose was to
address the Mayor and Common Council under the Agenda Notice provision for Public
comments or Public Address of any Agenda Item. Looking at the Agenda when I arrived,
I noted under Closed Session, Item G, Stubblefield et al vs. City of San Bernardino (Case
No. 242998 and No. 252058), and Item 49, "Response to Mr. Penman's accusations made
at the Council Meeting of July 6, 1992". I had heard subsequently that my name had been
mentioned during the lengthy oratory at the July 6, 1992 council meeting, and again on
Monday July 20, 1992, therefore my presence today. As City Administrator Shauna Clark,
spoke from written text prior to the Agenda Items being heard, I respectfully waited until
Item 49.
(See atlaChedMonday, July 20, 1992 Council Agenda, Pages 1,2, IS, 16 and 21)
Ironically, when I sat down in the audience, I was surprisingly sitting directly in
front of Mr. Penman and City outside legal counsel Joseph Arias, Esq.. It is my
understanding Attorney Arias is representing Mr. Penman's office regarding legal action
against the City covering property at Highland and Arden Avenues. Dennis Barlow,
Senior Assistant City Attorney, was officiating in Mr. Penman's stead before the Mayor
and Common Council. At Item 45 (Liability Claims Administrative Audit) and Item 47
(Use of TV Broadcast Facilities), Mr. Barlow announced that Mr. Penman was called to
court and had requested the items be tabled until he returned. Mr. Barlow announced the
same for Item 49 (Mr. Penmans accusations of July, 6, 1992). Mr. Penman left and I
returned later in the afternoon when the three items would be heard. I had no specific
interest in Items 45 and 47. Mr. Penman did not officiate on Item 49; the Mayor spoke,
Dennis Barlow, Senior Assistant City Attorney, announced there was "No quorum" and
therefore "No privilege"; there was no public comment period, thus my added reason for
being here today.
Irrespective, I subsequently saw Mr. Penman in the lobby elevators. As he was just
getting on the elevator, I rode up with him. I expressed that after telling me on
Q
HERITAGE Of THE MOUNTAINS AND VALLEY BEGAN IN 1850
~
HEADQUARTERS: POST OfFICE BOX 21"6. ARROWHEAD SPlUNGS, SAN BEIlNAJlDD'IIO. CAUFOkNIA 92406
RESIDENCE M.'.IlING: Jns BkOADMOOR. BOULEVARD, SAN BERNARDINO, CAUFORNJA '2404, (7Hl88).OHl
Ii WA~NEIl w. HODGDON. FAMILY GIlOUP AFm..lATE
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Wednesday, July 8, 1992, that he had released his June 19, 1992 letter to the Grand Jury
on June 26, 1992, and that it was no longer privileged, but Public Information, I obtained
a copy and read same. I briefly related that his references contained therein (under Item II)
to various graders across the foothills was ~ Matter, however, how his portrayal of my
family's sincere May 28, 1992 contribution to the Home of Neighborly Service with any
such issue was Untrue. Therefore, and I had planned to clarify that matter under Public
Comment or Agenda Item 49 at the Monday, July 20,1992 Council Meeting. Mr. Penman
told me that he had not intended it in the way taken by my personal concern. I hoped not,
but conveyed that in my judgment his June 19, 1992 letter did not read that way.
(See attached James F. Penman. City Allomey.letterdatedJune t9. 199210 the GrandJwy)
I had never seen Mr. Penman's June 19, 1992 letter or read its contents until after
obtaining a copy from Ms. Lorraine Velarde, Executive Assistant to the Mayor, on
Wednesday, July 8, 1992,5:45 PM. Mr. Penman had told me shortly before that he had
released his letter, making it public, to the Mayor on Friday, June 26, 1992.
Mr. Penman's June 19. 1992 letter states:
"Complainants say the graders are actually grading for roads, curbs,
gutters, other infrastructure arul evenfor house arul apartment pads."
My family's properties have no such accomplishments for roads, curbs, gutters,
other infrastructure and even for house and Apartment Pads. Therefore, I believe Mr.
Penman must have stated this from knowledge of other foothill property owners grading
for roads, curbs, gutters, other infrastructure and even for house and Apartment Pads.
Mr. Penman June 19. 1992 letter states:
"When this office requested that a City Engineer accompany District
Attorney, City Attorney, arul Fish arul Game officials onto the larul with a
search warrant, the Mayor became angry arul complained about the
urulersigned arul the District Attorney wasting money on "honest citizens"
arul that Engineering had more important things to do than go off on "witch
hunts"."
As to the reference of Mr. Penman's request that a City Engineer accompany the
District Attorney, City Attorney, and Fish and Game officials onto the land with a
SEARCH WARRANT, I respond by the following. A SEARCH WARRANT has never been
necessary to access RSA Highland Hills Ranch or anv other propertv and I do not
understand anv alludinl! to one needed. The RSA property is fenced off at the suggestion
of City letter dated March 16, 1988 and practical Ranch operations. By cooperative
request I have met on the Ranch with Fish and Game on April 16, 1988, June 29, 1988,
June 15, 1990 and June 12, 1992. In May 1990 I had provided a master key to the
California Department of Forestry and Fire Protection as part of their Vegetation
Management Program-Prescribed Bum (1700 acres, East Highlands Area), for the CDF-
FP Command Station, City of Highland and provided another master key to the East
Valley Water District The City Engineer has previously been on the property and I have
driven Councilman Mike Maudsley and Mayor Holcomb over the lower and upper
elevations of the property on Wednesday, June 13, 1990 and Sunday, December 30,1990
respectively. The purpose of fencing and locked gates, but not limited to, is to control my
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HUrt AGE OF TH!. MOUNTAINS AND VAllEY BEGAN D'Ill'SO
Ht.ADQUA"TUS~ POST OFFICE lOX 214'. ARROWHEAD SPJUNCS. SAN IEIlNARDDiO, CAUfOkN'lA '2406
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RESJDESCE MArtiNG: 32'S IROADMOOR BOUlEVAJl.D. SAN BERNARDINO. CAllfORNIA 92404.(714} 11)-0153
A TAkN[J. W. HODGDON ~ fAMn. Y CkOur Affn.1ATt
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family's grazing operation and Illegal Use by Off-Road Vehicles. dumping of debris/trash,
poaching of wildlife, illegal shooting, Fire prevention, emergency and Fire access.
Mr. Penman's June 19. 1992 letter states:
"The landowner in this case, after learning that this office was
looking into allegations of his grading withaut permits, brought into this
office a check for $1,000.00 payable to a favorite charity of the
undersigned, On the check was written a memo that the gift was made in the
name of the undersigned. The undersigned returned this check to the
landowner and made a police reoort on the incident."
This is untrue. Twenty two (22) days before Mr. Penman wrote his Friday, June 19,
1992 letter and twenty nine (29) days before he publicly released his letter on Friday, June
26, 1992, the following truthful facts occurred. On Thursday, May 28, 1992, I left at Mr.
Penman's office my personally written note to him of purpose and therewith enclosed my
family's $1,000 check dated May 28,1992, and specifically made payable to the Home of
Neighborly Service for: Contribution given in the name of Jim Penman. I assure vou that
on Mav 28. 1992. I did not clairvovantly know of Mr. Penman's future June 19. 1992
letter. to be released on June 26. 1992 and discussed at the Council Meeting on July 6.
1992. I do not believe Mr. Penman knew he would be writing his June 19. 1992 letter at
that time or when he wrote me his warm letter of June 1. 1992. Quote:
"Mr. Hodgdon, 1 received your thoughtful note on Fridoy, May 29,
1992 along with your check made payable to the Home of Neighborly
Service for $1000. It was kind of you to express the sentiments you did and
to make such a generous donation in my name and 1 thank you for doing
"
so.
(See attached letter dated June 1, 1992 from James F. Penman)
As to the police report, Mr. Penman had previously spearheaded the Home of
Neighborly Service's Campaign Drive and solicited me for assistance. He failed to
mention that on June 16,1989, I had handed him my family's $2,000 check dated June 16,
1989, made payable to Home of Neighborly Service, For: Contribution. Since Me.
Penman f1I.ed a police report, please note that my family, at the request of the YMCA
Board, helped the YMCA in December 1991 with a contribution of approximately $4,000,
including my family's check for $3,000 dated December 27, 1991. Police Chief Daniel A.
Robbins is Chairman of the YMCA Board of Directors.
(See attached May 28, 1992 Personal Note to Jim Penman from Wamer Hodgdon)
(See attached May 28, 1992 check specifically made payable to the Home of Neighborly Service)
However, the purpose of the Home of Neighborly Service May 28, 1992
contribution was two fold. FIRST: my family appreciated Mr. Penman's words of wisdom
from a recent Council Meeting and supporting Mayor Holcomb's appointment of
Councilwoman Esther Estrada to the Regional Airport Authority. Having the City not
fully represented would have lead to further negative repute, little alone that from the
27,000 direct and indirect Job Loss faced by Norton AFB Closure in March 1994.
SECOND: when Mr. Penman spearheaded the 1989 Home of Neighborly Service's
Contribution Drive to avert City foreclosure on their property, he solicited my help and I
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HERITAGE OF THE MOUNTAINS AND VALllY BEGAN IN 1.50
HEADQUARTERS: POST orFleE BOX 214'. AU,OwmAD SPRINGS, SAN BE~MDUlJO. CAUFORNlA 92406
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RESIDE~C[ MArtTNG: )295 BRO....DMOOR BOULEVARD. SAN aERNAJU>tNO. CALIfORNIA '24().1l. {714J ,U--OIB
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Contribution Drive to avert City foreclosure on their property, he solicited my help and 1
handed him my family's check and letter on June 16, 1989. The check for $2000 was
dated June 16, 1989 and specifically made payable to the Home of Neighborly Service;
Mr. Penman accepted same on their behalf and thanked me.
Therefore, my reason for expressing to Mr. Penman in the City Hall elevator on
Monday, July 20,1992, that his references contained in his June 19, 1992 letter to various
grading in the foothills was one matter, however, how his portrayal of my family's sincere
contribution to the Home of Neighborly Service with such issues was Untrue. Mr. Penman
released his June 19, 1992 privileged letter and made it public; its content was discussed,
including my name at the July 6, 1992 Council Meeting and commands my like
clarification.
Mr. Penman's June 19. 1992 letter states:
"The statute of limitations had already passed when the District
Attorney and this office received the informationfrom Fish and Game."
On February 11, 1992, Mr. Penman mentioned to me of Fish and Game
complaints, which I was not aware of after having a scheduled meeting with them seven
(7) months before on Friday, June IS, 1990, when we drove over the upper and lower
elevations of the RSA Highland Hills Ranch property. On February 11, 1992, he
conveyed that the Statute of Limitations had passed and clarified that a permit should be
obtained prior to implementing development grading. This is true. As Mr. Penman knows,
the RSA Highland Hills property required and has had, beginning 1988, much clean-up
and maintenance for trash/debris, abandoned vehicles, Flash Fuels, grazing operations,
Off-Road Vehicle fence and Gate Control, Fire Control Breaks, emergency and Fire
access. To my knowledge, none of this has been applicable to any project development for
roads, curbs, gutters, other infrastructure and even for house and apartment pads. We have
been very mindful of, but not limited to, Neighborhood Public Health and Safety, the
California Department of Forestry and Fire Protection Vegetation Management Program
"Prescribed Bum" for the East Highland Area, the prior Panorama and Sycamore Fires
and the importance of Emergency and Fire access. RSA Highland Hills is a ranch.
Mr. Penman's June 19. 1992 letter states:
'Today we were advised by the District Attorney's Office that Fish
and Game has evidence of new grading on the same property and
construction of arwther dam. We are informed that the statute has rwt run
on the alleged new grading,"
As before, and understood, on Thursday, June 11, 1992, the Fish and Game
Warden called me to ask if I could meet with them Friday morning, June 12, 1992,6:00
AM I was told the Urlrencv came from the Department's feeling that this was the best time
of year, as weeds and other bushes are at their best before summer heat dies them off. I
did and the purpose was for a Bio-Assessment of Cook Canyon. We drove across the
lower and upper elevations of the property. Fortunately, we were having the Fire Control
Breaks along with the upper and lower elevation Emergency and Fire access maintained
following the winter result and for Flash Fuels before the heavy winds and Wildfire
Season. This is the only new maintenance I am aware of and there had been nothing since
Mr. Penman's February 11. 1992 mention.
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HERITAGE OF THE MOUNTAINS AND VAllEY BEGAN IN 1'$0
HtADQUARTtRS, POST OFFlCE BOX 214'. ARkOWKIAD ~GS. SAN IEkNAP.DINO. CAlJFORNlA 92406
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lESJDESCE MAn.ING: 3295 BROADMOOR BOl.n..EVAkD, SAN IEkNAADINO. CAl.JFOI\NlA U404. (714}IIJ.0153
A .ARNIR . HOOGOON _ fAMTl Y CROVP Af'flUATI
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Since cleaning the upper Water Tunnels and Horizontal wells in 1989 and turning
water down Cook Canyon it prospers with natural beauty. The prior Panorama/Sycamore
fIre had burned through it and the native trees were dying out from the drought.
I had not spoken or had any written response from the Fish and Game since Friday,
June IS, 1990. On Friday, June 12, 1992, I asked the patrol captain if I would be hearing
back, and he honestly did not know. We have had no further response from the Fish and
Game starting June IS, 1990 or to date Monday, August 3, 1992, other than that Mr.
Penman reports. Since Friday, June 12, 1992, we are just completing all discing of Flash
Fuel in accordance with City Department of Public Services letters dated June 23, 1992.
RSA Highland Hills Ranch is 540 acres. We have also cleaned all City parkways fronting
our property and the neighborhood.
I have worked with the Fish and Game over many years and know that any concern
of reason or equity can be mutually managed. Not being able to talk with Mr. Penman and
instructing his staff likewise, including on-going critical matters of importance has placed
a heavy burden on my family's resources. As Mr. Penman knows, my family's legal
counsel, Reid & Hellyer, San Bernardino, represented the City and Highland Hills
Properties et al in the Highland Homeowners Case, settled July 3, 1989 including the
subsequent Save San Bernardino Case, challenging the July 3,1989 updated City General
Plan. Both cases were successfully settled and dismissed; the cost of City and other
defense was over $200,000 paid by my family.
Mr. Penman's June 19. 1992 letter states. under ITEM II. last Daral!raDh:
"For these reasons and others, we are respectfully requesting a
management study of the San Bernardion City Mayor's Office primarily to
review these matters which the narmal City processes have nat been able to
review due to interference from the Executive Department. There are other
specific proiects and incidents which some Council Members and others
have questioTLf about and which we are pre/Jared to share with the Grand
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The whole town realizes there is a difference of viewpoints between the Legal and
Executive branches of City Government that has brought about this mutually requested
Grand Jury management studies of both offIces. The Sun article of Sunday, August 2,
1992 points to this validity in it's title: "Mayor-Attorney Feud Shakes City Hall". For
clarifIcation, my family's property has been openly accessible at the request of the City
Department of Public Services, beginning March 1988, the State Department of Fish and
Game April 16, 1988, June 29, 1988, June IS, 1990 and June 12, 1992, the State
Department of Forestry and Fire Protection May 22, 1990 (with Master Keys for the CDF-
FP VMP Prescribed Bum and Highland Command Station), Councilman Maudsley on
June 13, 1990, the City Engineering Department May IS, 1990, January 16, 1991, and
July 17, 1992, Mayor Holcomb December 30, 1990, East Valley Water District and
Southern California Edison. In addition, the neighbors use the property every day, by
climbing the Gates, as a walking and fItness area. In all the years we have worked together
with Mr. Penman's offIce on various resolves to the property and other City matters,
including with legal counsel Reid & Hellyer, Mr. Penman or his office has never
requested me or my family to see or for access onto the property.
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HERITAGE OF THE MOUNTAINS AND VAllEY I1GAN IN 1150
HEADQU.o.TU,S, POST OfnCE lOX 214'. ARROWHEAD SPRJNGS. SAN IERNAJlDtNO, CAlJFORNlA 92406;
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RESJDESCE MATlING: )29.5 IROADMOOR BOUlEVARD, SAN aERNARDINO, CA1..IFORNIA 92404. (7141113-OHl
A .."aNn... HODGDON ~ fAMn.V caolJP AfJlUATI
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From this Mr. Penman concludes in ITEM II (Foothill Grading) under his June 19,
1992 letter to the Grand Jury: "respectfully requesting a management study of the
San Bernardion City Mayor's Office primarily to review these matters which the normal
City processes have not been able to review due to interference from the Executive
Department". Certainly this does not apply true to my family, as to Mr. Penman not being
able to review their property or interference.. I do understand from Mr. Penmans letter
there are other specific proiects and incidents which some Council Members and others
have ouestion about and which he is oreoared to share with the Grand Jury. From reading
Mr. Penman's letter I would understand these specific projects and incidents will cover the
property of others as to roads, curbs, gutters, other infrastructure and even for house and
Apartment Pads.
For Mr. Penman's records and a part thereof, I will forward under separate cover
my letter dated Thursday, July 16, 1992, to Dennis A. Barlow, Senior Assistant City
Attorney, regarding, but not limited to, his letter to me dated July 9, 1992. In addition, I
will forward under separate cover my letter to Mr. Penman of Friday, July 17, 1992.
As in the case of my family's contributions to the Home of Neighborly Service,
spearheaded and solicited by Mr. Penman and given to him on June 16, 1989, my family's
voluntary contribution to the Home of Neighborly Service on May 28, 1992 and to the
YMCA on December 27, 1991, chaired by Chief of Police Daniel A. Robbins: please note
from the record that my family has contributed $500 to the Boy Scouts of America, at the
written and personal request of volunteer Dennis A. Barlow, Senior Assistant City
Attorney. My family's Boy Scouts check was also dated May 28, 1992 and my letter
therewith was also handed to Mr. Barlow at the City Attorney's office on Thursday, May
28, 1992. We can not understand how Mr. Penman can judge my family's on-going
honest support of community organizations and the various leaders working toward their
benefit, as other than straight forward.
Over the years my family has given to the community to our own hurt. I know of
no other family or entity that has given more. However, Mr. Penman framing my family's
sincere contribution to the Home of Neighborly Service on May 28, 1992 as somehow
PEDDUNG INFLUENCE through Mr. Penman, just because it was given with respect to
his name, is dishonoring to the esteem Mr. Penman holds for himself.
As to the Fish and Game, they are dedicated people and I have always respected
their chore, though I may openly buck to differ from time to time as to the varying equity
to chosen priorities. Let the Rocks fall where they may.
I am sorry for the time and effort it requires of me to respond after becoming aware
of or receiving Mr. Penman's various letters and latter comments, but we have to do all
the work by ourselves. It is difficult when we can not communicate with Mr. Penman or
his staff and therefore places a demand that we must write lengthy letter reports. The City,
State, County resources are beyond our ability to match, but we will do our best with what
we have, as always.
None the less, I have paid no tribute to Mr. Penman for him to Peddle Influence.
We have never requested any special consideration or any thing else from the City other
than that which is fare and square.
KE:RITAGE OF THE MOUNTAINS AND VAlllY BECAN IN IIS0
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HEADQUARTER.S: POST OFf1CE lOX 2146. ARROWHI.AD SPJUNGS. SAN IU.N.u.D~O. CAUf01lN1A 924(U
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lESlOE~C[ MArLING: )295 BROADMOORIOuu.VAAD, SAN BERNAADIN'O. CAllfOkNlA 92404. (714)1I3-01H
II 'CU.NU 'C, HODGDON ~ fANfl Y GROUP AFnUAn
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We have never been "one of the good Ole Boys", we are only a "Skinny Cat" from
having given to our own hurt. I love the Community. the condition it is placed in today
breaks my heart, how Mr. Penman chooses to demean our sincerity hurts even more
deeply. than the lack of public purpose.
Respectfully.
Ca/~~/~)
Warner W. Hodg~T'~
ce: Mayor W. R. "Bob" Holcomb
Councilpersons:
Esther Estrada
Jack Reilly
Michael Maudsley
Ralph Hernandez
Tom Minor
Valerie Pope-Ludlam
Norine Miller
Dennis A. Barlow. Senior Assistant City Attorney
Henry Empefio. Deputy City Attorney
Daniel A. Robbins, Chief of Police
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HERITAGE OF THE MOUNTAINS AND VA.1..lEY BEGAN IN 1150
HEADQUARnRS, POST ornCE BOX 2104'. ARROWHEAD SPRINGS. SAN IER,NAIlDINO. CAllT'OIlNlA 924%
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RESIDENCE MAiliNG: )2U BRQADMOOR BOUUVARD. SAN BERNAlIDIN'O. CAllFORNlA 92404. (71"1113-0153
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AGENDA
REGULAR MEETING
MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
MONDAY, JULY 20, 1992 - 8:30 A.M.
COUNCIL CHAMBERS
CALL TO ORDER
ROLL CALL
PRESENT:
ABSENT:
CLOSED SESSIONS
1. The Mayor and Common Council and Community Development
Commission will recess to closed session for the following:
a. to give instruction to the City ' s/Commission' s
negotiator on the purchase of property pursuant to
Government Code Section 54956.8. The real property
which the negotiations concern is generally located at:
;
b. to consider personnel matters pursuant to Government
Code Section 54957;
c. to meet with designated representatives regarding labor
relations matters pursuant to Government Code Section
54957.6;
d. to confer with the Chief of Police on matters posing a
threat to the security of public buildings or a threat
to the public' s right of access to public services or
public facilities pursuant to Government Code Section
54957;
e.
to confer with the
litigation pursuant to
54956.9(b)(1), as there
litigation;
attorney regarding pending
Government Code Section
is significant exposure to
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7/20/92
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f.
to confer with the attorney regarding
litigation pursuant to Government Code
54956.9(c), so that Council/Commission may
whether to initiate litigation;
pending
Section
decide
g. to confer with the attorney regarding pending
litigation which has been initiated formally to which
the City is a party pursuant to Government Code Section
54956.9(a) as follows:
Stubblefield Construction Comoany. et al vs . City of San
Bernardino. et al - San Bernardino Superior Court Case No.
242998; San Bernardino Superior Court Case No. 252058;
County vs. City of San Bernardino (RDA) - San Bernardino
Superior Court Case No. 258241;
Saab vs. City of San Bernardino - Fourth District Court of
Appeals Case No. E008652;
City of San Bernardino vs. Liberty Cable T. V.. et al-
United States District Court Case No. 82-6876 WMB;
City of San Bernardino vs. County of San Bernardino. et al-
Riverside Superior Court Case No. 207900;
City of San Bernardino vs. Skadron - San Bernardino Superior
Court Case No. 266719;
Randall vs. CountY/City of San Bernardino - San Bernardino
Superior Court Case No. 250472 (consolidated with Case No.
252255).
END OF CLOSED SESSION
2
7/20/92
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RECONVENE MEETING - 9:30 A.M.
ROLL CALL
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Announcements by Mayor and Council.
3. PUBLIC COMMENTS ON ITEMS NOT ON AGENDA: A five-minute
limitation shall apply to each member of the public who
wishes to address the Mayor and Common Council on a matter
not on the agenda. No member of the public shall be
permitted to "share" his/her five minutes with any other
member of the public. (Usually, any items received under
this heading are referred to staff for further study,
research, completion and/or future Council action.)
4. Appointments/Presentations.
Ms. Susan H. Johnston Central City Parking Place
Commission - Council Member pope-Ludlam. (See Attached)
(Resume is available in the City Clerk's Office)
MOTION:
That the appointment of Susan H. Johnston to the
Central City parking Place Commission be approved,
as requested by Council Member Pope-Ludlam.
Service Pin Award Ceremony.
CONSENT CALENDAR
MOTION:
That the motions indicated by consent calendar
items 5 through 37, be adopted except for
_I _I _, _I _, _I and
5. Waive further reading of resolutions and ordinances.
MOTION:
That further reading of all resolutions
ordinances on the regular, supplemental
Community Development Commission agendas,
waived.
and
and
be
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7/20/92
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(Staff Reports continued)
CONTINUED FROM JUNE 15. 1992
43. Review of policies and practices relating to calculat_on of
business registration fees for apartment complexes - V. Alan
Swensen - Hill Williams. (Backup material was distributed
on April 20, 1992, Item No. 29, updated staff report
attached)
MOTION:
That the matter
relating to
registration
continued to
of August 3,
concerning policies and practices
the calculation of business
fees for apartment complexes be
the Mayor and Common Council meeting
1992.
CONTINUED FROM JUNE 15. 1992
44. Business registration fees for commercial properties - Jimmy
Summers. (Backup material was distributed on April 20,
1992, Item No. 28, updated staff report attached)
MOTION:
That the matter concerning business registration
fees for commercial properties be continued to the
Mayor and Common Council meeting of August 3,
1992.
~ 4k- $.., t1-:Id27.(;J;4.~ ~~~. .z' -/~: ~~
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45. Receive and file General Liability Claims Admin~stration
Audit. (See Attached) (Audit Report is available in the
City Clerk's Office)
MOTION:
That the report entitled
General Liability': Laims
received and filed.
"City of San Bernardino-
'iministration Audit" be
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7/20/92
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(Staff Reports continued)
46. Approve draft Indemnity Agreement for citizen patrol
vehicles and authorize expenditure of asset forfeiture
funds in the amount of $8,000 for gasoline, repair and
maintenance of said vehicles. (See Attached) (Cost to City
- $8,000 from Asset Forfeiture Funds.)
HOTION:
#1
MOTION:
#2
That the "Indemnity Agreement", drafted by the
City Attorney's Office, which relieves auto
dealerships from liability while donated cars are
used in conjunction with the Citizen Patrol
Program, be approved.
and
That $8,000 be allocated from Asset Forfeiture
funds for expenses related to gasoline.
maintenance and repair of vehicles donated by the
local car dealerships to be used in conjunction
with the Citizen Patrol Program.
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Discuss and take possible action to amend Ordi ance No. MC-
822 - relative to use of television broadcast facilities-
Council Member Hernandez. (See Attached)
47.
MOTION:
To discuss and take possible action directing the
City Attorney to amend Ordinance No. MC-822 to
include all elected officials in prohibiting the
use of television broadcast facilities, not only
the Mayor and Council.
15
7/20/92
-
-
(Staff Reports continued)
48. Reconsider, discuss and take possible action relative to the
planting of palm trees on Palm Avenue, north of Kendall
Drive - Council Member Tom Minor. (See Attached) Ward 5
MOTION:
To reconsider, discuss and take possible action
regarding the palm trees that are being or have
been planted on Palm Avenue, north of Kendall
Drive.
49. Response to Mr. Penman's accusations made at the Council
Meeting of July 6, 1992 - explanation as to why a management
audit of the City Attorney's Office is needed Mayor
Holcomb.
16
7/20/92
" .
, .,
....."...
--
--
56. Adjournment.
MOTION:
That the meeting be adjourned.
NOTICE:
member of the ublic ma
Mayor and Common Council
tea en a, b a roac 1ng
ounC1 Ch ers w en t e 1 em
desires to speak 1S caiiea,
recogn1zea.
Any member of the public desiring to speak to the Mayor
and Common Council concerning any matter not on the
agenda but which is within the subject matter
jurisdiction of the Mayor and Common Council, may
address the body at the beginning of the meeting,
during the period reserved for public comments" said
'total period for public comment shall not exceed forty-
five (45) minutes, unless such time limit is extended
by the Mayor and Common Council. A five minute
limitation shall'. apply to each member of the public,
unless such time limit is extended by the Mayor and
Common Council. No member of the public shall be
permitted to "share" his/her five minutes with any
other member of the public.
The Mayor and Common Council may refer any items raised
by the public to staff, or to any commission, board,
bureau or committee for appropriate action or have the
item placed on the next agenda of the Mayor and Common
Council. However, no other action shall be taken nor
discussion held by the Mayor and Common Council on any
item which does not appear on the agenda unless the
action is otherwise authorized in accordance with the
provisions of subdivision (b) of Section 54954.2 of the
Government Code.
21
7/20/92
--,.-
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::~',~~~
, "
fD) rn @ rn D W rn [jj1
U1) JUf4 26 1992 L!U
.
CITY OF SAN BE~NARDINO
OFFICE OF THE CITY ATTORNEY
OFFICE OF THE MAYOR
TIME: I:. ...:;. '.r./J.4...
JAMES F. PENMAN
City Attorney
June 19, 1992
Mr. C.H. Jordan, Jr., Foreman
SAN BERNARDINO COUNTY GRAND JURY
351 North Arrowhead Avenue
Room 307, Courthouse
San Bernardino, CA 92415-0243
Dear Mr. Jordan:
The City Attorney's Office respectfully requests that the San
Bernardino County Grand Jury perform management studies on two
departments in the City of San Bernardino. This request is made
pursuant to Penal Code ~925(a).
ITEM I
The City of San Bernardino frequently awards contracts on
public works proj ects. Pursuant to la-", (Public Contracts Code
520160 et seq.), such projects are put out for bid and the lowest
responsible bid is selected.
For some years however, this process has been circumvented by
"Change Orders." Change Orders have the affect of amending a
contract and adding additional cost(s) to that contract without
putting it back out for re-bid.
It is our recollection that approximately three years ago, the
San Bernardino City Council directed or requested that an internal
management audit of the Change Orders be conducted. The reason for
this directive/request was that the Executive Department (Mayor's
Office) has for some years engaged in the practice of putting out
projects for bids, accepting the low bid (with Council approval),
and then bringing to the Council Change Orders which are, in
effect, amendments to the contracts with the low bidder. The
Change Order increases the cost of the contract. There have been
numerous occasions where these Change OrdArs have resulted in the
contractor receiving many thousands of dollars more than the low
JfP/ses/Jordan.ltr
CITY HALL
300 NORTH D STREET. SAN BERNARDINO, CALIFORNIA 92418
(714) 384-5355
'';.'. .~
,_.......
-
^'"
MR. C.H. .JORDAN, .JR., FOREMAN
SAN BERNARDINO COUNTY GRAND .JURY
.JUNE 19, 1992
PAGE 2
bid originally accepted by
Underestimates of the cost of
frequent.
the City from' said contractor.
proposed Public Works projects are
At the Council Meeting held on Monday, .June 15, 1992, a member
of the Executive, Department stated in response to a question from
a Council Member that the decision had been made to remove a
certain requirement in the bid specifications for a retention basin
in Meechum Canyon. The City accepted the low bid, and the low
bidder knew the requirement had been withdrawn when the bid was
made. Next, the Council was asked to approve a Change Order adding
the requirement that should have been part of the original bid
specifications. The low bidder was refusing to guarantee his work
wi thout the additional work being done and the additional money
being paid. Approval of this Change Order means that the contract
price will be $19,895.00 more than the contractor's original low
bid. The low bidder in the Meechum Canyon project reportedly made
a $1,000.00 contribution to the campaign committee used by the
Mayor to defeat certain City Charter Amendments on the .June ballot.
It has long been a concern of some City Council Members and
this office that these Change Orders .~?,y be a method, albeit
unintentional, of circumventing the lowest responsible bid process.
However, it may also be true that other cities use Change Orders as
frequently as we do. It has been suggested that such is not the
case, but the matter has not been addressed as the Council
requested.
We are informed that instructions were given that the
Council's directive/request to perform an internal management audit
to review the Change Order process not be implemented.
These Change Orders could impact public funds totaling
hundreds of thousands of dollars. Some Change Orders have
increased the price of a contract by as much as 30%, we are
informed. ,We believe the low bidder does become, after the Change
Orders are processed, the high bidder in some cases.
ITEM 11
This office, over the past several years, has received
complaints of land developers grading their property without the
requisi te grading permits. When questioned, the Mayor's Office
says that the property owners are clearing fire breaks, putting in
fire roads, and, in general, clearing brush and debris.
JFP/ses/Jordan.lt~
~_.
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MR. C.H. JORDAN, JR.,
SAN BERNARDINO COUNTY
.JUNE 19, 1992
PAGE 3
--
FOREMAN
GRAND JURY
Complainants say the graders are actually grading for roads,
curbs, gutters, other infrastructure and even for house and
apartment pads. This type of grading requires a permit, which
should only be issued after the project has been submitted for
planning review and after said project has complied with the
California Environmental Quality Act (CEQA). Lost revenue from
failure to submit plans, pay for plan checks, studies, permits,
etc., could total hundreds of thousands of dollars.
Complainants further allege that the City is not requiring
property owners to comply with our own Municipal Code or state law.
In one current case the California Department of Fish and Game
complained to the District Attorney and provided information to
this office that a property owner had graded roadbeds and other
infrastructure and put in a dam, without permits and without
complying with State environmental laws.
Fish and Game officia1s had photographs and aerial video
footage of the work, which appeared to be substantial.
Fish and Game officia1s alleged that the City staff responded
to their inquiries by claiming that the property owner was only
c1earing brush and debris and clearing a fire road.
When this office requested that a City Engineer accompany
District Attorney, City Attorney, and Fish and Game officials onto
the land with a search warrant, the Mayor became angry and
complained about the undersigned and the District Attorney wasting
money on "honest citizens" and that Engineering had more important
things to do than go off on "witch hunts."
The landowner in this case, after learning that this office
was looking into allegations of his grading without permits,
brought into this office a check for $1,000.00 payable to a
favorite charity of the undersigned. On the check was written a
memo that the gift was made in the name of the undersigned. The
undersigned returned this check to the landowner and made a police
report on the incident.
The
District
Fish and
statute
Attorney
Game.
of limitations had already passed when the
and this office received the information from
Today, We were advised by the District Attorney's Office that
Fish and Game has evidence of new grading on the same property and
construction of another dam. We are informed that the statute has
not run on the alleged new grading.
JFP/ses/Jordan.ltr
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MR. C.H. JORDAN, JR., FOREMAN
SAN BERNARDINO COUNTY GRAND JURY
JUNE 19, 1992
PAGE 4
'~-
For these reasons and others, we are respectfully requesting
a management study of the San Bernardino City Mayor' s Office
primarily to review these matters which the normal City processes
have not been able to review due to interference from the Executive
Department. There are other specific projects and incidents which
some Council Members and others have questions about and which we
are prepared to share with the Grand Jury.
ITEM III
In addition, We are requesting that the Grand Jury have
conducted an independent management study of the San Bernardino
City Attorney's Office. We have been requesting such a study for
more than a year to determine whether or not our case management
and other practices are being conducted as efficiently as possible.
We were unable to have such a study initiated until immediately
after the June 2 Primary Election. At that time, the Mayor joined
in our request but is insisting that his office choose and
supervise the firm that will conduct the study. Because the Mayor
has made it clear that he holds the City Attorney's Office
responsible for the submission of certain City Charter Amendments
and the passage of one of those Amendments which limits the ,Mayor's
authori ty, we are convinced that it will be impossible for the
proposed management study to be conducted in an impartial manner.
Rather than see the taxpayers' money spant needlessly on what
we believe will be a privately motivated and privately directed
management study, we request that the Grand Jury select the
management study firm and supervise the above-requested study of
this office, as well as that of the Mayor's Office.
We are prepared to gather and present copies of Agreements,
Change Orders, and other relevant documents to assist you in
determining whether these are or are not proper requests for review
by the Grand Jury. We realize that the Grand Jury has many
important tasks and that this request is an additional burden. We
regret that the situation in the City of San Bernardino has
deteriorated to the point that it is necessary for a public officer
to call upon the impartial offices of the Grand Jury to seek review
of this City's Change Order process and the conduct of the public
affairs in two of our City offices.
We want to make it clear that this letter is not intended to
be an accusation of any unlawful activity on the part of any person
or persons. However, an independent examination of the conduct of
these two offices would be beneficial in determining whether or not
the best interests of the public are being served.
JFP/ses/Jordan ltr
~,
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MR. C.H. JORDAN, JR., FOREMAN
SAN BERNARDINO COUNTY GRAND JURY
JUNE 19, 1992
PAGE 5
,
-'
Not being familiar with your procedures, we would appreciate
the opportunity to speak with you or the appropriate staff person
in more detail about the issues raised herein.
Respectfully submitted,
d;;:t, ? f~
AMES F. PENMAN
City Attorney
cc: Dennis Kottmeier, District Attorney
COUNTY OF SAN BERNARDINO
JFP/ses/Jordan.ltr
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- REQUEST FOR COUNCIL ACTION
File No. 2.144
App. ,Nal of Contract Change Order
Subject: O. FOUR - Assessment' District
No. 987; Chestnut Avenue Storm
Drain, Zone 2, Plan No. 8163 _
Place Concrete and Rip-Rap
--RIVERSIDE CONSTRUCTION
, CITY OF SAN BERNARDINO
From:
ROGER G. HARDGP~VE
L
Public Works/Engineering
Date:
6-03-92
Synopsis of Previous Council action:
02-06-89 -- Authorization granted to proceed with Assessment
District No. 987, Palm Avenue Box culvert and traffic
signals.
02-06-89 -- Authorization granted to proceed with Assessment
District No. 988, Chestnut Avenue Storm Drain and
Debris Basin.
03-20-89 Authorization granted to proceed with assessment
district for improvement of Palm Avenue.
04-03-89 Authorization granted to combine Assessment District
No. 988 and Palm Avenue Improvements into Assessment
District No. 987.
05-15-89 -- Resolution No. 89-44 adopted authorizing execution of
an agreeI:lent with GFB - Friedrich & Associates, Inc.
for assessment engineering services. (Cont. on 7nn P~gpl
Recommended motion:
That Change Order No. FOUR to the contract with Riverside Con-
struction for the construction of a Storm Drain and Retention
Basin, located at Meechum Canyon, in accordance with Plan No. 8163
be approved; to authorize the Contractor to place concrete and
rip-rap at the water chute of the retention basin, for an increase
in the contract price of $19,895.00, from $2,556,356.22 to
$2,576,251. 22.
cc: Shauna Clark
~/Z:t~
Signature
Contact person: Roger G. Hardgrave
Staff Report,
Supporting data attached: CCO # 4
Phone:
'i02'i
Ward:
,t;
FUNDING REOUIREMENTS:
Amount:$l9.895.00 (Assessment Dist. No. 987)
Source: (Acct_ No,)
251 663 53925
Acct. Oescri tion
Chestnut Av
Finance:
()('---
( il Notes:
75.0262
Agenda I tern No
/3
.-.-.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Construction of the retention basin at Meechurn Canyon, as
part of the Chestnut Avenue Storm Drain System, will provide
protection from possible flooding of the area.
The water chute at the top of the retention basin,
directly above the spillway, was constructed to provide the
retention basin with an overflow mechanism, preventing the walls
of the retention basin from being breached.
Concrete and rip-rap were originally included in the
plans, in order to control erosion and prevent potential damage
in case of an overflow from the basin. However, these items were
deleted in a cost saving measure. The Contractor has stated that
he will not assume responsibility for any damage to the spillway,
if the concrete and rip-rap are not constructed.
The project is nearing completion, and there are suffi-
cient contingency funds to finance this extra work. Installation
of the concrete and rip-rap will reduce the City's exposure for
maintenance costs in the future.
The Contractor has quoted a price, of $19,895.00 for con--
structing the concrete and rip-rap protection at the water chute.
We have reviewed the quoted price, and feel that it is fair and
reasonable for the work involved.
There is a current balance of $335,711.81 in contingency
funds, that will be used to finance the cost for this extra work.
We recommend that the Contractor be authorized to perform
these items of extra work.
6-03-92
J26a
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File 2.144
SYNOPSIS OF PREVIOUS COUNCIL ACTION (Cont.)
05-15-89 -- Resolution No. 89-148 adopted authorizing execution of
an agreement with Stone and Youngberg for investment
banking services.
05-15-89 -- Resolution No. 89-150 adopted authorizing execution of
an agreement with CM Engineering Associates for
engineering design services for the Chestnut Avenue
Storm Drain.
05-18-89 -- Resolution No. 89-146 adopted setting a surcharge fee
of $0.09 per square foot for Chestnut Storm Drain
area.
05-07-90 -- Resolution No. 90-164 adopted authorizing execution of
a Common Use Agreement with County for Palm Avenue Box
Culvert at Cable Creek Channel.
05-07-90 -- Negative Declaration adopted for Palm Avenue improve-
ments, box culvert and traffic signals, Public Works
Project No. 90-08.
05-21-90 -- Resolution No. 90-188 adopted authorizing execution of
an Agreement with Orrick, Herrington and Sutcliffe for
bond counsel services, and rescinding Resolution No.
89-148.
06-05-90 Resolution No. 90-212 adopted adjusting Chestnut
Avenue drainage surcharge to $0.13 per sq. ft.
06-18-90 Negative Declaration adopted for Chestnut Avenue Storm
Drain and Debris Basin Public Works Project No. 90-07.
10-15-90 Resolution No. 90-416 adopted authorizing execution of
an agreement with Department of Fish & Game for
streambed alterations.
03-11-91 -- Resolutions No. 91-69 through 74 and 80 adopted
relating to establishment of Assessment District No.
987. '
07-15-91 -- Resolution No. 91-335 adopted awarding a contract to
Riverside Construction, for the low bid price of
$2,469,567.69.
08-19-91 -- Resolution No. 91-376 adopted authorizing contractual
services of Lloyd Weverka as resident engineer.
6-03-92
-
'-'
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C I '1' Y
o F
SAN
BERNARDINO
DEPAR'1'HEN'l' OF PUBLIC WORKS
ENGINEERING DIVISION
Project: Chestnut Avenue storm Orain
File No.:
Plan No.:
Date:
2.144
8163
5/26/92
CON'l'RACT CHANGE ORDER NO. FOUR
TO: Riverside Construction Company
III Main street, P.O. Box 1146
Riverside, CA 92502
Gentl_en:
You are hereby authorized and directed to place concrete and rip-
rap, 1.5 feet thick, at the water chute of the Retention Basin,
located at Meechum Canyon, at the agreed price of $19,895.00.
Total Extra Work Cost added to Contract .........$ 2.556.356.22
Previous ContrAct Price .........................$
19.895.00
Amended Cost Price ..............................$ 2.576.251.22
Additional time to complete Contract due to Change Order -0-
CONTRACTOR
CITY OF SAN BERNARDINO
Accepted
, By:
Recommended
By:
ROGER G. HARDGRAVE DATE
Director of Public Works/city Engr
Title:
Date:
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CITY OF SAN BERNARDINO
OFFICE OFTHE CITY ATTORNEY
June 1, 1992
JAMES F. PENMAN
CitY Attamey
Mr. Warner Hodgdon
RANCHO SAN ANDREAS COMPANY
P.O. Box 2146
San Bernardino, CA 92406
Dear Mr. Hodgdon,
I received your thoughtful note on Friday, May 29, along with
your check made payable to the Home of Neighborly Service for
$1,000. It was kind of you to express the sentiments you did and
to make such a generous donation in my name and I thank you for
doing so.
However, it is my personal policy not to solicit or accept any
donations to charities made in my name. To do otherwise gives rise
to a possible inference that special favors or considerations may
be sought by the donor and/or rendered by myself. While I know
that is not your intent, unfortunately, there are individuals who
would expect or at least hope for, some special consideration from
this office.
Despite the fact that I would not be influenced by a donation
to the J{ome of Neighborly Service or any other worthy charity and
despite the fact that you would not hope to so influence me, I
believe it would be more appropriate for you to make any donation
directly :to that organization or such other charity as you deem
worthy rather than to me_
Additionally, inasmuch as I have not ~een an employee or board.
member of the Home of Neighborly Service for almost a decade, I am
not in a position to accept a donation on their behalf. I am
certain however, that that agency, along ''lith the many other United
Way and other deserving agencies would greatly appreciate such a
donation.
Enclosed please find your check dated May 28, 1992 and please
accept my thanks, again.
E-ncerelY,
7-/~
JAMES F_ PENMAN,
City Attorney
cc: H. Carr, Director, Home of Neighborly Service
CITY HALL
300 NORTH '0' STREET' SAN BERNARDINO, CALIFORNIA 92418
(714) 384-5355
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RANCHO SAN ANDREAS COMPANY
P. o. BOX 2146
SAN BERNARDINO, CA 92406
PAY
~~~OF HOME OF NEIGHBORLY SERVICES
T H ,c: .;- 1"."1 I 00.0 ;;',':;',' S 00 CTS
lHE BANKOFCAUFORNIA
Son BemoRlIno OffICe
_ Noc1h "'IT" St.
s.n 8el;;_4Ino. CA 82401
FOR Contribution: In the name of Jim Penman
"00 ~:I? 5u' .: ~ 2 200 ~O 5 51: O..q'.OOb :lb8u.
1375
1&-105/1220
MAY 28"992
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