HomeMy WebLinkAbout39- Public Works CITY OF SAN BERNAr')INO - REQUEST FO- COUNCIL ACTION
File No. 7.01-29
Authorization to Execute Agreement
From: ROGER G. HARDGRAVE Subject: with Caltrans & Stubblefield Con-
struction Co. - Access for Parcel
Dept: Public Works North of Highland Avenue, and
east of Route 330
Di 2-08-93
Synopsis of Previous Council action:
05-18-87 -- Recommendation from the Legislative Review Committee,
on provision of access to property abutting Route 330 ,
approved.
j 10-02-87 -- Draft Freeway Agreement for Route 30/330 referred to
Transportation Committee for review and recommendation.
Recommended motion:
Adopt resolution.
cc : Shauna Clark
Al Boughey
Will Wright
Jim Penman
Signature
Contact person: Roger G Hardqrave Phone: 5025
Staff Report, Agreement
Supporting data attached: & Resolution Ward: 4
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct No.)
(Acct Description)
Finance:
Council Notes:
,iP.3
75-0262
Agenda Item No. `
CITY OF SAN BERNAPIINO - REQUEST FOP" COUNCIL ACTION
STAFF REPORT page 1 of 2
There is a parcel north of Highland Avenue, and east of
Route 330 , that is owned by the Stubblefield Construction Co.
Caltrans is in the process of acquiring a portion of this parcel
to accommodate the improvement of Route 330 .
Access to this parcel has historically been provided by a
rectangular box culvert under Route No. 330 , commonly referred to
as the Barnes undercrossing, and a private access road to the
north. This private access road terminated at a gate in the
fence along the Route 330 highway.
Caltrans will be constructing a public street from
Highland Avenue north to this parcel . Primary access to this
parcel will be provided by this street, referred to as the "East
Frontage Road, " in the proposed Agreement. However, a second
means of access is required by the City' s Development Code for
any new development.
The proposed Agreement provides , in general , that the City
will accept the East Frontage Road and Secondary Access (private
access road) as legal conforming access to allow development of
this parcel . Furthermore, that the City will accept both roads
for maintenance, and will not abandon either road without consent
of the property owner.
Since Route 330 has been upgraded to freeway status,
Caltrans cannot allow a gate at the intersection with the
Secondary Access Road. However, Caltrans recognizes that the
fence will be breached if it ever became necessary to use the
Secondary Access Road during an emergency.
The Barnes Undercrossing has been replaced by a metal
plate arch culvert, specifically designed to accommodate a fire
engine .
Provision for access will need to be agreed on, before
Caltrans can settle on the value of the portion that they are
acquiring for improvement of Route 330 .
During review of this Agreement by staff, the City
Attorney' s office requested that the following clause be added:
"l . Consideration In addition to the mutual covenants
and conditions in this Agreement, the consideration for this
Agreement is a credit to the City' s account, in the amount of
$100 , 000 , against any Judgement which is ultimately entered in
favor of the Developer and against the City, or any agreed
settlement, in San Bernardino County Superior Court Civil Action
No. 242998 ("Judgement" ) ; provided, however that if the Judgement
is less than $100 , 000 (to and including zero) , then the con-
sideration for this Agreement will be the actual amount of the
Judgement and the mutual covenants and conditions in this
Agreement. "
2-08-93
75-0264
CITY OF SAN BERNAP"INO - REQUEST FOr COUNCIL ACTION
STAFF REPORT page 2 of 2
This clause is not included in the proposed Agreement,
since the property owner is not in concurrence.
The term of this Agreement is 50 years .
The issue of access to this parcel has been considered by
the Legislative Review and Transportation Committees on several
occasions. The Agreement was prepared to document the under-
standings reached during these reviews .
We recommend that the Agreement be approved.
URGENCY CLAUSE:
Caltrans established a schedule of 1-8-93 , for finalizing the
acquisition of the right-of-way from this parcel . The proposed
Agreement must be executed before this acquisition can be com-
pleted.
2-08-93
75-0264
C I T Y Q S A N B E R N A , D I N O
INTEROFFICE MEMORANDUM
TO: Mayor and Common Council
FROM: Henry Emperto Jr. , Deputy City Attorney
DATE: February 10, 1993
RE: February 15, 1993 Council Meeting Supplemental Agenda
Item - Resolution. . .Authorizing the Execution of An
Agreement Between Said City and the Stubblefield
Construction Company, Relating to Access for the Parcel
North of Highland Avenue and East of State Route No. 330
CC: James F. Penman, City Attorney; Roger Hardgrave, Director of
Public Works; Al Boughey, Director of Planning & Bldg
Services; Mark Ostoich, Esq.
The Director of Public Works has proposed that the Mayor and
Council adopt the above-referenced Resolution and approve the
proposed Development Agreement. The action proposed by the
Director of Public Works is clearly invalid because it would
violate the City' s ordinances as well as state laws.
Recitals Paragraph D and Operative Provisions Paragraph 4( a) of the
proposed agreement represent it as a Development Agreement within
the meaning of Chapter 19 .40 of the Development Code and Section
65864 et. seq. of the California Government Code.
This proposed Development Agreement has not previously undergone a
noticed public hearing before the Planning Commission as required
by Development Code Sections 19. 40. 030 ( 1 ) and (3 ) ; nor has the
City provided a noticed public hearing prior to the proposed
Council action as required by Development Code Sections 19 .40.030
( 2 ) and (3 ) . This proposed Development Agreement has not
previously undergone environmental review as required by the
California Environmental Quality Act (CEQA) , at Public Resources
Code Section 21000 et seq. ; Development Code Section 19 .40.060; and
City Resolution 90-217, the "City CEQA Guidelines" . This proposed
Development Agreement also does not comply with Government Code
Section 65867 which requires noticed public hearings prior to the
adoption of a development agreement.
The above-enumerated requirements of state and local law relate to
the processing and review of the proposed Development Agreement.
The form and legal content of the proposed Development Agreement
must also be analyzed for other legal issues.
Because the proposed Development Agreement does not comply with
state & local law, as described above, the City Attorney declines
to approve the Development Agreement as to form and legal content.
HENRY EMPENO, JR. ,
Deputy City Attorney
HE:js[Item2.Mem]
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT BETWEEN SAID CITY AND THE STUBBLEFIELD
3 CONSTRUCTION COMPANY, RELATING TO ACCESS FOR THE PARCEL NORTH OF
HIGHLAND AVENUE AND EAST OF STATE ROUTE NO. 330 .
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1 . The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute, on behalf of said
8 City, an agreement relating to access for the parcel north of
9 Highland Avenue and east of State Route No. 330 , between said
10 City and the State of California, acting by and through its
ill Department of Transportation, and the Stubblefield Construction
12 Co. , a copy of which agreement is attached hereto, marked Exhibit
13 "A" and incorporated herein by reference as fully as though set
14 forth at length.
15 SECTION 2 . The agreement shall not take effect until
16 fully signed and executed by all parties. The City shall not be
17 obligated hereunder unless and until the agreement is fully
18 executed and no oral agreement relating thereto shall be implied
19 or authorized.
20 SECTION 3 . The authorization to execute the above-
21 referenced agreement is rescinded if the parties to the agreement
22 fail to execute it within ninety (90) days of the passage of this
23 resolution.
24
25
26
27
28
2-08-93
ich, U: t U 11'jt«ui 114 V,3 LXEi uu � ur 1 VV_L STUB BLEt'iLL,u
CONSTRUCTION CO. RELATING TO ACCESS FOR PARCEL EAST OF
STATE RC 'E 330 . >
1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a meeting thereof, held on the
4 day of 1993 , by the following vote, to-wit:
5 Council Members : AYES NAYS ABSTAIN ABSENT
6 ESTRADA
7 REILLY
8 HERNANDEZ
9 MAUDSLEY
10 MINOR
11 POPE-LUDLAM
12 MILLER
13
14 Rachel Clark, City Clerk
15 The foregoing resolution is hereby approved this
16
day of 1993 .
17
18 W. R. Holcomb, Mayor
19 City of San Bernardino
Approved as to form
20 and legal content:
21 James F. Penman
City Attorney
22
23 By
24
25
26
27
28 - 2 -
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Mark A. Ostoich, Esq.
GRESHAM, VARNER, SAVAGE,
NOLAN & TILDEN
600 N. Arrowhead Avenue
Suite 300
San Bernardino, CA 92401
AGREEMENT
This Agreement is entered into on 1992, among the State of
California Department of Transportation, ("CalTrans"), the City of San Bernardino, a
municipal corporation, ("City") and Stubblefield Construction Company, a California
corporation, ("Developer").
RECITALS
A. CalTrans has jurisdiction of and is in the process of improving certain portions
of Route 30, in the municipal limits of the City, as part of State Highway Project CU08201,
EA157901 for Route 30 ("State Highway Project").
B. Under a pending agreement between CalTrans and the Developer, CalTrans is
reserving and will improve a non-exclusive easement for utility and emergency access purposes
("Secondary Access Road") in the area depicted in Exhibit "A". The Secondary Access Road
will provide utility and emergency access to and from certain contiguous real property owned
by the Developer ("Developer's Property") and Route 30.
C. In connection with the State Highway Project, CalTrans will also improve and
dedicate to the City parts of former Route 30 which are depicted in Exhibit "B" ("East
Frontage Road"). The East Frontage Road will provide access to and from the Developer's
Property and Highland Avenue.
D. In order to facilitate the orderly development of the Developer's Property and
the general health, welfare and safety of the citizens of the City, the parties wish to enter into
this Agreement to provide for the maintenance of the East Frontage Road and the Secondary
Access Road and also to provide for the recognition of the East Frontage Road and the
Secondary Access Road by the City, as legal access to and from the Developer's Property.
This Agreement is intended to memorialize the discussions of CalTrans, the City and the
Developer at a meeting held in the City's City Hall on April 13, 1992. As between the City
and the Developer and for the limited purpose of vesting the East Frontage Road and the
Secondary Access Road as legal access to and from the Developer's Property, this Agreement
is also intended to be a Development Agreement within the meaning of Chapter 19.40 of the
City's Development Code and Section 65864 et seq. of the California Government Code.
1 CalTramAgr a\S464-004
OPERATIVE PROVISIONS
1. Improvement of Roads. CalTrans will improve the East Frontage Road and the
Secondary Access Road, in accordance with the plans and specifications for the State Highway
Project.
2. Dedication and Acceptance of Roads.
(a) On completion of the improvements to the East Frontage Road, CalTrans
will dedicate the East Frontage Road to the City, in fee, and the City will accept the dedication
of the East Frontage Road and will thereafter maintain the East Frontage Road in accordance
with its maintenance standards for dedicated public streets.
(b) On completion of the improvements to the Secondary Access Road,
CalTrans will dedicate the Secondary Access Road to the City, by a non-exclusive easement
for utility purposes and emergency ingress and egress, and the City will accept the dedication
of the Secondary Access Road and will thereafter maintain the Secondary Access Road in a
manner which will permit its use for utility purposes and emergency secondary access.
(c) Because the Developer will continue to own, manage and develop the
Developer's Property in reliance on the status of the East Frontage Road and the Secondary
Access Road as legal, conforming access to and from the Developer's Property, as provided in
paragraph 4., once accepted, neither the East Frontage Road nor the Secondary Access Road
will be abandoned by the City, without the consent of the Developer. In addition, based on
the same reliance by the Developer, the City will not delegate its obligation to maintain the
East Frontage Road or the Secondary Access Road, without the consent of the Developer.
3. LeLyal Status of Roads. The City will recognize the East Frontage Road and the
Secondary Access Road, as legal, conforming access to and from the Developer's Property,
within the meaning of the laws of California and the City's Charter, Ordinances and
Resolutions; provided, however, that the Developer's Property is used for purposes which are
consistant with the City's General Plan. In addition, CalTrans will recognize the Secondary
Access Road as legal, conforming Emergency Access to Route 30, under its Policy and
Procedure No. 90-04, which was issued on July 9, 1990.
4. Development Agreement.
(a) To the extent that either the East Frontage Road or the Secondary Access
Road do not conform in any respect to the laws of California or the City's Ordinances or
Resolutions, then, as between the City and the Developer and for the limited purpose of
vesting the East Frontage Road and the Secondary Access Road as legal access to and from the
Developer's Property, this Agreement will be deemed a Development Agreement within the
meaning of Chapter 19.40 of the City's Development Code and Section 65864 et seq. of the
California Government Code.
(b) Without limiting the effect of subparagraph 5.(a), the parties
acknowledge that the Developer intends to develop the Developer's Property in the future and
that, in connection with any such development, the permitted uses of the Developer's
Property, the density or intensity of use on the Developer's Property and the maximum size
r
2 Cal Trans Agree\S464-004
and height of buildings on the Developer's Property will be governed by the development plan
for the Developer's Property which is ultimately agreed to by the Developer and the City.
(c) The continued status of the East Frontage Road and the Secondary
Access Road as legal, conforming access to and from the Developer's Property, will be subject
to satisfaction of the conditions which are described in Exhibit "C".
(d) As between the City and the Developer, this Agreement will be subject
to amendment as follows:
(i) Immaterial amendments to this Agreement may be made by
agreement between the Developer and the Director of Planning and Building Services of the
City.
(ii) Material amendments to this Agreement will require the consent
of the Developer, as well as approval by the City's Planning Commission and the City's City
Council, following such investigations, findings and other procedures as are required by the
laws of California and the City's Charter, Ordinances and Resolutions.
5. Term. The term of this Agreement will commence on the date of entry into this
Agreement and will continue for 50 years thereafter.
6. Covenant of Good Faith. The parties will cooperate with one another in good
faith in the performance of this Agreement, so the intent of this Agreement can be attained.
7. Further Acts. Whenever and as often as it is requested to do so by any other
party, each party will execute, acknowledge and deliver or cause to be executed,
acknowledged and delivered, any and all such further documents as may be necessary,
expedient or proper to achieve the intent of this Agreement.
8. Inurement. The rights and obligations of the parties under this Agreement will
inure to the benefit of and will bind their respective successors and assigns. Without limiting
the effect of the foregoing, the Developer will have the right to assign its rights and delegate
its obligations under this Agreement, in whole or in part, to any owner or owners of the
Property. In addition, the provisions of this Agreement will constitute covenants running with
the land as provided in the applicable law.
9. Construction. In all cases, the language in this Agreement will be construed
simply, according to its fair meaning and not strictly for or against any party, it being agreed
that the parties have participated in the preparation of this Agreement. Without limiting the
effect of the foregoing, the parties acknowledge and agree that the City is restricted in its
authority to limit its police power by contract and that the limitations in this Agreement are
intended to reserve to the City all of its police powers which cannot be so limited. This
Agreement will be construed, contrary to its stated terms if necessary, to reserve to the City all
police power which cannot be restricted by contract.
10. Severabili1y. Every provision in this Agreement is and will be construed to be a
separate and independent covenant and, if any provision in this Agreement or the application
of the same is, to any extent, found to be invalid or unenforceable, then the remainder of this
Agreement or the application of that provision to circumstances other than those to which it is
invalid or unenforceable, will not be affected by the same and each provision in this
3 CaITramAgree\5464-004
Agreement will be valid and will be enforced to the extent permitted by law and the parties
will negotiate in good faith for such amendments to this Agreement as may be necessary to
achieve its intent, notwithstanding the invalidity or unenforceability.
11. Counterparts. This Agreement may be executed in counterparts, each of which
will be deemed to be an original for all purposes and all of the counterparts will constitute one
and the same Agreement.
12. Attorneys' Fees. If legal action is taken to enforce or interpret any provision in
this Agreement, then the prevailing party in that action will be entitled to recover from the
losing party all attorneys' fees, court costs and necessary disbursements in connection with that
action.
13. Venue. Any legal action with regard to this Agreement will be brought, at the
Developer's election, in either San Bernardino County Superior Court or in the United States
District Court for the Central District of California.
14. Incorporation of Recitals. The Recitals in this Agreement are material and are
incorporated by reference as though fully set forth hereat.
15. Incorporation of Exhibits. The exhibits to this Agreement are incorporated by
reference as though fully set forth hereat.
16. Recordation. No later than 10 days after the date of entry into this Agreement,
the Developer will, at its cost, record this Agreement in the Official Records of the San
Bernardino County Recorder.
SIGNATURES FOLLOW
4 CaffransAgree\S464-004
CALTRANS
State of California Department of
Transportation
By:
Its:
CITY
City of San Bernardino, a municipal
corporation
By:
Its Mayor
ATTEST
'City Clerk
APPROVED AS TO FORM AND LEGAL CONTENT
C ity Attorney
DEVELOPER
Stubblefield Construction Company, a
California corporation
By:
Its:
5 CalTransAgree\S464-004
STATE OF CALIFORNIA )
SS.
COUNTY OF )
On 19 before me
personally appeared
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person (s) whose name (s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity (ies) , and that by
his/her/their signatures) on the instrument the person (s) , or the
entity upon behalf of which the person (s) acted, executed the
instrument.
WITNESS my hand and official seal .
Notary Public in and for said State
STATE OF CALIFORNIA )
• ) SS.
COUNTY OF )
On 19 before me
personally appeared ,
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person (s) whose name (s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity (ies) , and that by
his/her/their signature (s) on the instrument the person (s) , or the
entity upon behalf of which the person (s) acted, executed the
instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
STATE OF CALIFORNIA )
SS.
COUNTY OF )
On 19 before me ,
personally appeared
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person (s) whose name (s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity (ies) , and that by
his/her/their signature (s) on the instrument the person (s) , or the
entity upon behalf of which the person (s) acted, executed the
instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
pig
•' '2� ` \�'��\tea ` \\_J... ��a ,c �. \`lj t �, `�` 1\`
.EXHIBIT_NA„
original
" cull—scale" -exhibit
on file at
the offices of
'STUB BLEFIED'
CONSTRUCTION COMPANY
a z /Yew f
ff
� � � 4 �\ j'.i , �•', a —_ i O a ��. ��' is
7ty ^y?S
1 � \ ..=•�. / ,7�� Y� IC�h.-• `J�.ar ��}i�`; ��'.^ �, �\ ` �iy.0 � ,I • �I�. t
JN
EXHIBIT "B
Original
"full—scale"
,.exhibit on fil
a ; w4 -_� �1 ,:' ;rr'h `: ��t o \ •_ � i� �., 'at the offices
or
iSTUBBLEFIELD
A" -� V fi 4 �� ' f 1 �;—',;, y��� �'` �^ � CONSTRUCTION
COMPANY
Lill
IJ
�i"�44
Yom— .- �'?-�-.�w>S `y':`1� ��.,�+'VI, 1�I 1 _` �•�� +� � r, _,�i� ,� }''
p ,
N, j ( ;/� yJ✓ �.r
/ /
3Fa14ARDl,,
C I T Y O F
r
an I)ernardino
D E P A R T Y E N T O F P L A N N I N 0 A N D f U I L D I N 0 S E R V I C E t
A L 8 0 U G H E Y A I C P
D i R E C T 0 R
July 14 , 1992
Tom Parrish
Stubblefield Development
2258 Bradford Avenue
Highland, CA 92346
Dear Kr. Parrish:
This letter is in follow-up g istmeeting was John Stubblefield, Arnold
13 , 1992 , also attend q er Hard rave-Director of
Stubblefield, Will Wright-Fire Chief, Rog g of Planning and Building
Public Works, Al Boughey-Director
City staff for
Services. The meeting waeast of Route 3300 become
and north of Highlland
with the 20+ acre site
Avenue. (Here after referred to as the site)
The site, when developed would normally be required to have two
,
standard means of access as requ (a)d(b) ( � $o e�Section 19.30.200
6. and Fire Code Section
"6 . A tentative tract or parcel map shall provide for at least
two different standard routes for ingress and egress. A
standard route is a road which is dedicated to the city and
has a minimum paved w
" (a) General . Fire apparatus access road shall be provided
and maintained in accordance with the provisions of this
section.
(b) Where required. Fire apparatus access road shall be
required for every building hereafter constructed when any
portion of an eXrthe Fare Department vehicles access.
more
than 150 feet from
Exceptions:
1 , When buildings are completely protected with an approved
automatic fire sprinkler system, the provision of this
section may be modified.
EXHIBIT "C" FEE
N
7 V Lei R T M 0 MlIss
5 T m E E T S A N f E R N A R 01 N O
C q 4 ♦ 9 24 1 s - 0 0 0 (T 1 4 ) 3 6 4 6 0 7 1 1 6 0 f 7
Tom Parrish
July 14 , 1992
Page 2
2 , when access roadways cannot be installed due to
topographic, waterways, non-negotiable grades or other
similar condition, the Chief may require additional fire
protection as specified in Section 10. 301 (b) .
3 . When there are not more than two group R division three
or group K occupancies, the requirement of this section
may be modified, provided in the opinion of the Chief,
fire fighting or rescue operations would not be impaired.
More than one fire apparatus road maybe required when it is
determined by the Chief that the access by single road maybe
impaired by vehicle congestion, conditions of terrain,
climatic conditions or other factors that could limit access.
(c) Width. The unobstructed width of fire apparatus access
road should not be less than 20 feet.
(f) Surface. Fire apparatus access road shall be designed and
maintained to support the imposed loads of fire apparatus and
shall be provided with a surface so as to provide all weather
driving capabilities."
It is generally the developers responsibility to provide all
required access roads as part of the development.
The subject site is unique in that a deep ravine runs north to
south along the east side of the site and Route 330 (UM Q
upgraded to freeway limited access standards) rams along ft* hest
side of the site. The principal access is from the seuM and
because of a grade differential between the site and FAvate 3" and
the ravine a second access route from the east and the vast is
impractical if not impossible. Access from the north is ai90
limited because of Ronne 330 prohibits regular stseet intAxsect
access. These constraints leave the site with only the semeth as
the location for a standard route of ingress and egress.
Given the site constraints either the site remains undeveloped or
a second or secondary non-standard ingress and egress is agreed to
that ensures public safety and comes as close as possible to
providing two different standard routes for ingress and egress of
a development.
two
The following is the a minimum conditions by staff.
different routes of ingress and egress
Tom Parrish
July 14, 1992
Page 3
A. Standard Route. Principal (standard) ingress and egress will
be provided by a dedicated street (constructed to the City
standards) from Highland Avenue north to a turnaround (cul-de-
sac) at the south end of the site.
Note: Caltrans is constructing this street and dedicating it
to the City of San Bernardino.
B. second i ngrps8 and egrets r4 tine. As mitigation for not being
able to provide a standard second route, two less than fully
standard routes are being proposed.
1 . A tunnel under Route 330 is being constructed
approximately due west of the cul-de-sac and will connect
to the west frontage road of Route 330.
Conditions of Understanding;
a. This tunnel is being built by Caltrans as part of
upgrading Route 330. The tunnel is being built to
Fire Department specification in torus of height
and width.
b. The approaches to the tunnel and bottom of the
tunnel must be maintained by the owner of the sits
for emergency ingress and egress (maintained
meaning free es of obstruction such as rocks, debris,
such a size to pry th* UM of
trees, l in cmrsa of an
the public and Firs
emergency. Free of obstruction however dxmm not
prevent the ow=ner of the site from limitiaga the use
of the access as long as the
maintained by means of Fire Department lockbosces,
etc.
2 . Provide a twenty four (24) foot wide emergency access
road from the cul-de-sac along the east side of the
upgraded Route 330 to the north where the fire service
road enters Route 330.
Conditions of Understanding;
a. This road is
access constructed by will be be native
emergency a
material (decomposed gr nite, sand, etc. ) on a
stabilized base of astructural set.ems adequate
to support Fire Department
Tom Parrish
July 14 , 1992
Page 4
t . The northern most section of the emergency access
road owned by Caltrans will dedicated to the owner
of the site.
C . The owner of the site will record an emergency
access easement dedicated to emergency use
corresponding to the entire length of the emergency
access road.
d. Upon completion of Route 330 upgrade a turnoff from
Route 330 (an ice/snow chainup area) will be
constructed by Caltrans at the location which
corresponds with the northern most end of the
emergency access road. The Caltrans Route 330
Agreement with the City acknowledges that the City
has the right to cut/remove this fence in case of
an urgency. The repair of the fence in the event
of emergency use of the access by the City will be
the responsibility of the City. Fence posts of the
fence separating Route 300 from private property
will be located so as to not be in the middle of
emergency access.
e. Emergency access road must be maintained by the
owners of the site in such a condition to permit
public and Fire Department vehicle access in case
of an emergency (maintained meaning free of
obstructions the same as indicated for the tunnel
access) - Item B. 1.b. ) .
C. O her Mitigation. The following mitigations are required at
the time of project approval of the site and are higher
standards than the standards contained in Chapter 19.15 of the
City's Developam:nt Code entitled Foothill Fire Zone Overlay
District.
1. Develop a fire model of the site for the purpose of
determining the extent of the fuel modifications zone and
if the fuel modification standards as set forth in San
Bernardino Municipal Code Section 19. 15.020 6. V. are
adequate. Standard provisions for maintaining the fuel
modification zone will be required as a Condition of
Approval of a project on the site.
2 . Install fire sprinklers in all buildings of any future
development.
D. Other Reauir 1. All other development standards are those
Tom Parrish
July 14 , 1992
Page 5
in existence and applicable at the time the project is deemed
complete to begin Planning/Land Use approval process and/or at
the time of filing for building code technical plan check
leading to the issuance of a building permit.
Staff believes that the above conditions provides adequate public
safety and meets the intent of City Code Sections requiring two
standard routes from any development. At this point staff
recommendations must be incorporated into a draft agreement and
approved by the Common Council . The Public Works Department is
responsible for coordinating the agreement with Caltrans and
contractual consistency.
If you have any questions, please don't hesitate to contact me at
(714) 184-5057 .
ySinc rely,
Lar E. Reed, Assistant Director
Planning and Building Services
cc: Shauna Clark
City Administrator
James Penman
City Attorney
Al Boughey, Director
Planning and Building Services
Will Wright, Fire Chief
Roger Hardgrave, Director
Public Works/Engineering
Henry Empeno, Deputy City Attorney
Attorney's office
LER:das
STATE OF CALIFORNIA—BUSINESS, TRANSPORTATION AND HOUSING AGENCY PETE WILSON, Govemor
DEPARTMENT OF TRANSPORTATION
DISTRICTS, P.O. BOX 231
SAN BERNARDINO. CALIFORNIA 92402
TDD (714) 383-4609
December 17, 1992
08-SBd-330
Parcels 8044 & 8866
Stubblefield Exchange
Mr. Arnold Stubblefield
Stubblefield Company
2258 Bradford Avenue
Highland, CA 92346
Dear Mr. Stubblefield:
Right of Way Contract and Deeds
I am writing you concerning the Right of Way Contracts and
Deeds which you have had in your possession for over six months.
At our last meeting you agreed to sign the Contracts and Deeds
which have not been executed and returned to our office as of this
date.
I have been informed by Duncan Bush (Right of Way Agent) that
neither you nor your representatives have responded to our numerous
phone calls or personal visits to your office. Messages have been
left with your office staff and Mr. Bush has been told that the
phone calls would be returned - yet were not returned. On several
occasions he visited your office and was told you or your
representatives were either not there or were in meetings and could
not be disturbed.
This letter is to inform you that it is our intention to
withdraw the offer of exchange as presented in the Contracts if the
documents are not property executed and returned to our office by
January 8 , 1993 . We will then proceed with the condemnation for
the area the State of California requires for the freeway project.
A favorable response is requested.
Very truly yours,
WILLIAM B. DA,�
Deputy District Director
Right of Way
E 1°0`
CERTIFIED MAIL
312-2- 18
WARNER W. HODGDON
HEART BAR RANCH,ARROWHEAD SPRINGS
POST OFFICE BOX 2146
SAN BERNARDINO.CALIFORNIA 92406
(714)881-1547
TELECOPY:
March 22, 1993 (714)886-9962
Mayor and Common Council
City of San Bernardino
300 North "D" Street
San Bernardino, California 92418
RE: City/Stubblefield Agreement
Primary/Secondary Access Rt. 330
Council Agenda Item 39
Dear Mayor and Common Council:
The above referenced Agreement with the City/Stubblefield was first placed on the
Council Supplemental Agenda Item S-3 February 15, 1993. It was continued from February
15, 1993 through March 8, 1993, March 15, 1993 to March 22, 1993. I have patiently sat
through three all day meetings in order to address this issue and to question it's benefit and
Public Purpose.
First, the Primary/Secondary Access referenced to in the Agreement are Sub-Standard
to City Fire, Health and Safety Code and do not met the provision thereof. Secondly, these
access roads east or west of the Rt. 330 Freeway, which serve Stubblefield Property only,-do
not meet City Street Standards for acceptance as City roads, little alone the City 50 year
maintenance responsibility of same under the Agreement. The liability to complete and
bring these Roads and access into compliance with acceptable City Street standards has been
projected to cost $780,998.00. Accepting these roads in any existing as is condition or future
in principle commitment to accept Sub-Standard requirements and the approximately $800
thousand for City Road Dedication compliance, should not be a City liability.
(See attached March 22, 1993 Road Access Cost Projections Rt.330 Freeway)
On July 15, 1993 and under Council Agenda Item 38, but not limited to, the City
Attorney recommended that the City initiate an Amendment to the June 2, 1989 Updated
General Plan for 480 High Density Apartments (24 DU's per acre) on the Stubblefield
property east of Rt. 330 and along City Creek Canyon. The Council approved Mr. Penman's
recommendation for the appropriate Public Process. The property in question is to be served
by the Primary/Secondary access under this City/Stubblefield Access Agreement being asked
to be approved in principle today. Consideration of Illegal access to City Code and
acceptance of Roads that do not meet City Street Standards to this property should be done at
the time of the pending General Plan Amendment Public Process. Another City/Stubblefield
Agreement in principle to conflicting City Code and Standards is only asking for similar
exposure to the $11.5 million Damages previously awarded. The City Attorney declines to
sign this Agreement as to form and adequacy, and he is correct.
HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850
HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406 >
RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153
A WARNER W.HODGDON FAMILY GROUP AFFILIATE r /
Page 2
(See attached March 10, 1993 City Interoffice Memorandum RE:Stubblefield Agreement)
In addition, on July 13, 1992 the City was requested by Stubblefield to again start the
process for a Rt. 330 Borrow Site and Grading Plan on their property in order to sell Fill
Material to Caltrans/Contractor for the Rt. 330 Freeway ($3 to $5 per cubic yard or $1.5 to
$2.5 Million). This Borrow site west of the Rt. 330 had been going on with the City
Attorney's office since before July 15, 1991. In fact, no Stubblefield Freeway Fill Material
was ever required and/or by Caltrans/Contractor for the Freeway since June 1992 and this
had been met by excess dirt graded from the Wal-Mart Site. By City letter dated July 14,
1992 Stubblefield then met with the City to also become more familiar with their 20 acres
property east of Rt. 330 and along City Creek Canyon. The July 14, 1992 City letter is an
Attached Exhibit to the proposed City/Stubblefield Access Agreement.
The mass grading activity that occurred on Stubblefield property before and in
May/June 1992, but for fate, would have been the cause of several fatalities and cost the lives
of one family or more, including children.
By Stubblefield mixing their heavy equipment in along with the Caltrans/Contractor
earth moving construction for the Rt. 330 Freeway, by the end of June 1992, Stubblefield
completed massive grading over the contiguous twenty acres and the 480 High Density
Apartment Site along City Creek Canyon. This included, but not limited to, the bull dozing
of thousands of boulders and thousands of tons of material, debris and tree stumps over the
cliff and directly into the City Creek Canyon Streambed. The streambed below is the
Homeless Village built for several years and occupied by various families. Fortunately, one
shelter plummeted in the early morning by giant boulders was not occupied by the parents
and children normally there.
I addressed this serious matter in my February 15. 1993 letter overview and Photolog
to the Mayor and Council and which I shall express to you for your full attention and for the
public record today. As stated at the beginning of this letter, I have patiently sat through
three full Council meeting only to have this matter repeatedly continued. I thank you in
advance for patiently hearing and receiving the facts of this travesty.
(See attached February 15, 1993 letter to Mayor and Common Council RE:Supplemental Agenda Item S-3)
Respectfully,
Warner W. Hodgdon
CC: Mayor W.R."Bob"Holcomb
Esther Estrada,Councilwoman
Ralph Hernandez,Councilman
Valerie Pope-Ludlam,Councilwoman
Michael Maudsley,Councilman
Tom Minor,Councilman
Norine Miller,Councilwoman
Jack Reilly,Councilman
James F.Penman,City Attorney
Shauna Clark,City Administrator
HERrfAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850
OHEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406
RESIDENCE MAILING: 3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,('714)883-0153
A WARNER F.HODGDON FAMILY GROUP AF}lL1ATE
Projections Only: March 22, 1993
City/Stubblefield
Rt. 30/330 Freeway Agreement
Sub-Standard Primary/Secondary Access
50 year Development Agreement
Stubblefield Vested Rights and City Maintenance
Route 330 Scenic Highway(Expressway)
East Access Road, Creek Canes:
Item Unit Price Quantity Total
1. 6" Curb and Gutter LF 7.00 5,600 39,200
2. 6' Concrete Sidewalk SF 2.00 16,800 33,600
3. Guard Rail (Trail/City Creek) LF 20.00 5,600 112,000
4. Equestrian Trail SF .50 16,800 8,400
(Horse Tunnel)
5. Street Lights EA 3,500 12 42,000
6. Parkway Landscape
(Trees, irrigation, Banks) Scenic 75,000
Drive
7. Signal 25,000 1 25,000
8. Secondary Access (21/2") SF .65 28,800 18,720
(1200' x 24' w/Berm)
9. Secondary Access Berm LF 2.50 5,600 14,000
Subtotal $367,920
Plans, Engineering, Fees 15% 55,188
Subtotal $423,108
Contingency 10% 42,310
Total $465,418
Route 330 Scenic Highway (Expressway)
$315,480
East Access Road: Mt. Shadows Foothill Land
City Total cost of Sub-Standard Primary Access Compliance $780,998
and Sub-Standard Secondary Access (See page 2 for detail)
City of San Bernardino Capital Improvements required for Sub-Standard East/West
Frontage Roads Code Compliance and east Sub-Standard Access. In addition, the City will
provide all maintenance cost thereof under this 50 year Development Agreement. The City
Attorney has requested that the provision of a $100,000 Credit only be included as a part of the
City/Stubblefield 50 year Development Agreement against the $11.5 Million Stubblefield
Damages and/or final Judgment.
Page 1 of 2
Projections Only: March 22, 1993
City/Stubblefield
Rt. 30/330 Freeway Agreement
Sub-Standard Primary Access
Mountain Shadows Foothill Land
Route 330 Scenic Highway (Expressway)
West Access Road-, Mt. Shadows, Foothill Drive:
Item Unit Price Quantity Total
1. 6" Curb and Gutter LF 7.00 6,600 46,200
2. 6' Concrete Sidewalk SF 2.00 19,800 39,600
3. Guard Rail (Trail) LF 20.00 500 10,000
4. Equestrian Trail SF .50 3000 1,500
(Horse Tunnel)
5. Street Lights EA 3,500 22 77,000
6. Parkway Landscape Scenic
(Trees, Irrigation, Slopes) Drive 75,000
Subtotal $249,300
Plans, Engineering, Fees 15% 37.500
Subtotal $286,800
Contingency 10% 28,680
Total $315,480
Route 330 Scenic Highway (Expressway) $465,418
West Access Road: Mt. Shadows Foothill Land
City Total cost of Sub-Standard Primary Access Compliance
and Sub-Standard Secondary Access (See page 1 for detail) $7892
City of San Bernardino Capital Improvements required for Sub-Standard East/West
Frontage Roads Code Compliance and east Sub-Standard Access. In addition, the City will
provide all maintenance cost thereof under this 50 year Development Agreement. The City
Attorney has requested that the provision of a $100,000 Credit only be included as a part of the
City/Stubblefield 50 year Development Agreement against the $11.5 Million Stubblefield
Damages and/or final Judgment.
Page 2 of 2
C I T Y O F S A N B E R N A R D I N O
INTEROFFICE MEMORANDUM
TO: SHAUNA CLARK, City Administrator
FROM: ROGER G. HARDGRAVE, Director of Public Works/
City Engineer
SUBJECT: Item No. 34 on Agenda for Council Meeting of
3-8-93 -- Agreement with Stubblefield Construction
Company & Caltrans
DATE: March 10, 1993
COPIES: File No. 7. 01-29; Reading File
---------------------------------------------------------------
This item was continued to the Council meeting of 3-22-93.
The property owner (Stubblefield Construction Co. ) needs
assurance that the basic provisions of this Agreement are
acceptable to the Mayor and Council in order that they may con-
clude their negotiations with Caltrans relative to acquisition
of a portion of their property for improvement of Route No.
330. Therefore, we recommend that the Agreement be approved in
principle, and referred to the Department of Planning and
Building Services for environmental review and recommendation
by the Planning Commission.
There may be a question if the Mayor and Council can approve a
deviation from the Code requirement for two means of access by
dedicated and paved City streets. Several items of concern
were noted during review by staff, which need to be negotiated
with the other parties.
Therefore, we recommend the following substitute motion:
"That the Agreement with Caltrans and the Stubblefield
Construction Company be approved in principle, and that
the Agreement be referred to the Department of Planning
and Building Services for negotiation with the other
parties over areas of concern, environmental review,
presentation to the Planning Commission for a recommen-
dation, and initiation (if necessary) of an amendment to
the Development Code to allow the Mayor and Council to
grant a variance, to the requirement for two means of
access, for those parcels that cannot reasonably comply
w' this prow' . "
ER G. HARDGRAVE
RGH:rs
�3�
v :Jh. ,x .wa :�• 11• :ks.r v --.?[;y, �a3;-..w�. .3 y*.3,F.. .:t dix y x x Dr.. y '9;g • "k_ t:t ..
�S��tr�:�a,� •.t <z�ui fi"�y};, tt .bf .;�r m, ,%,, `xY t �, �" � +rs�'• y K-xy[°Y•.S' x�'X::.3 r '�t�;�:{t r t""S? �'v.
'�i�i y{ 3.t :ia "qty`, k. .,a �-,...:��. Aas r,;y�-0 t,�x,�r•�;�y�iyP �'��a fir: '"�1- � `iA �,-•" .�.� F t♦,�Ir�,��raii�r,�, r,;
,� +Ii. � i�r �., �`�- �7,r •�t. �'`�`� A� �y '.' �. C. ,� M A��,, � ..'9'�-r��YT�'''�y ��s��,
� ��v ��r� a.. j '.� �� t��xN'$i�'" .r.•� ?' � � �� ���� r �'+q���txHa• d
�",•��, � ` t '�'�.,A- rya �b i. ��xr.�s,.b l; - �' ��.�} F�� �r '`1':a`a• r��'�'�i�f`.
�" � � � y •'.�'•. ray"�,1� �"C�' i !T A."i Z-kp •�. �/4�� T"�'' �y� ^,� '1 s.q
J♦ f ..� x� ry � �yyl3xr�ri^}.. r fit,.` � * ,� ,�
ye: 4 x *+ � � - t yr' E -Fyy �'R. .. !,. {�.y�• hr- .
`t �':y, ,�.i . . ''4� �a.'" "'4-��'i�.4• � 'JU,, +f, ^vt .,.iYr�� � f`F f
� 4 Y rN � a •i* r� ��. A ar a � : ! t ry 3�� £ r' y �,ri�t r
•t �r q SS^^ x k.' � y, .,mod � �. ,�,0,
♦ .,,x.� t -�t. .'� '�r ..+r �T i�rs.. ax qS -, :?°. �r- .� iys,� J. . .Y w'*
�•� a 'Sxttit��` a„ * tr >ti g � � .. g `�``4:?E rte` �l° w"rf�a�� h'f�'�� °
F
x., ':'t. G a � y'R•` �}y�iS`.. �: .. r�.r rK,; s �. `'4 i a ;,� e ,tA' i,� �;
r��t� �� �-. wk'♦a�,.. •,' t .;'f�,.1I. �'+�+� tik '� � A� ; � c,. ,� � ��r dA n+:s�'•Rk�'.t� f• e
F'` .p. r ,.Y� FV� �•�, p• t` � r � ai•. � � ,y,Sf i '�'7�P'
z
�� irg''rT , ��" t.. C aRf `My�xy'�� �_�x�•� .f« ft'f."r.��'VII ,�;.b�y m�t,; F* ����� ..re� F.1rti j+ ys-
rti� �' - • as ;� � � � �� �y�t'F a.1C y
r ^.n� 4 ""� • } a ° 'trAr r t>.. •Mai Yin.dk v r
• � f
�� YS3� �� "f� �.� i . 7-.c r � t �""��' '3 fn„ °' ><.�#• �'��• �"n '��" fi. vYSF +�y'"s r+ F•%xa�•FFa��'
N
• fl�a�� `x'Y , AG *' :) v,r, "�' ''t sv .t x �, �'pp' ¢� ,����*� r.i' � �'y. , •
F� ..� pr ..� i� .. k . '�r,:�l{ 7+i. ' �> ���'.'"3.ST�c•'�i A (Ti:?�'!,
x. � 4��r ,, Fv!-. ." qr+ Y t .Y,�` �.F�.r � � � s'fr•R'8 +i k b�,.���f ,�'!>SS .±�,`."
xy*r � a, .. � � � "�� fr Fi �st;rtjY`M"Y' ♦ 'fit?� h.
!• �,��c ,. � � �- a �x• �,* x e.{� F Ise' '� X.
•! ¢ �NK��;y,:T� T{�'d^ +f:.y. #�n
,�+
.p, py S Xnh M7h°r•
iY• k3 � ��• ..i' � pa¢y' ".�.�y�„�t���.. w �. '.� i- ,/ ��:>z 3F::��,��i;!j'` 4 a�y-D Ch}55�ai3kY=
v f '
h ''f ,, 4 '.wk ,� xrv, �•r5 ..r� FF "t'-r.,�� +x '� � ..�"a � � �,� 'y���`+�"�y. �.
�� r�� �� �; '�} '.� � ors ���;� .x �� '& ,,�v-�"�&� g .�t °�•xxs.L�$ �x`• t t'x �'�.T.r;
r'ro � `YL,�' :_- f'+• `� t c< ,,q,A-`•+`� F ' h '> "3 � �' •s �, k'.y�q�,57 ,.� �.
.s4+4 4t -.,y .n Jfi� � i .• x '`' •46'.
NO
r S 2 fit.`. !� bq.�� us �L•�k#`' _�''��y` ! a :YC. '- E � r rY• d
ty' ��" w... x v ���4�� "� �`�` k•9 � `� -.y �.. � �rtA'°. .b.,,�„ - �,"a. •°a'P' �.r
- •h7� � ' � Yr. -F'L,�w,T S a '!I. '"ih$"j.V4Sc�i ty�"'
�l�y r. �.. � +,� �z r ah�X`+y' a .y.�', e .} .i: ta'!,� T , �'r"��•� .da.+;,y�r
^4. •y __�R".; d�YF - °-fi+g�,'x � 3�/ � �F 4 ,4. �i / .' {k
y "rl.°j�,;i,� + .:ate �' x��. 3. f�''a��i-.�q'�.�2,�'?� •> � � l. t �„�c,�.'j , a�,TN >�x� � +,�-
' "ir.� ,r•+ � _ fa � .� k+ aj � �h a � �` �� v� s��� e '�� , Ate.
t
hP S 'fix°M - �,`' 7fk� ` � r � � 4 9 � •- ry
•. F" �. nth ���f � t = R +'!" y�1. `. � �� �J�t. i �. � f 1 �h ';� �y y�.
_ +,. r x_' ^c a ;.a ? -,��s�'i.{ ' 'F.,�. • ' 't+�..:%k':R �� ,�� �,� - � z t*'�,:?` �°'�"�� �`* � -�« �7S � '}`/ r
.�x '4Se•t,}t�t'tvi F4yY44°�x< 014{ �c ,��. "� � ,tu�� ro..� �' `y +�$�,�g• r �'�" t�t�` � y =R '�g^'.ffi�' rir,�$. •�.�"r°�r afx�,:� .�5+.-°�' Z a1 f.. •; �p�„'�:
FUIWARNER W. HODGDON
HEART BAR RANCH,ARROWHEAD SPRINGS
POST OFFICE BOX 2146
SAN BERNARDINO,CALIFORNIA 92406
(714)681-1547
February 15, 1993 TEI
(71A4)886)996
-9962
Mayor and Common Council
City of San Bernardino
300 North "D" Street
San Bernardino, California 92418
RE: City Supplemental Agenda Items S-1 and S-3, February 15, 1993:
Appropriate $200,000 from General Fund Reserve to City Attorney Budget RE: Outside
Attorney(s)
City/Stubblefield Agreement Rt. 330 Primary/Secondary Access
Dear Mayor and Common Council:
This letter is for clarification to the above February 15, 1993 Agenda items covering
Stubblefield Mountain Shadows Primary/Secondary access Agreement, City Attorney
Outside legal cost of $200,000 and submitted to the City Clerk for the Official Record.
Earlier today I handed the Mayor and Common Council my letter of same date regarding
Agenda item 32, Establishment of an Assessment District for Dedicated Sterling Avenue
Primary and Bonita Vista Drive Secondary access. Said letter also addressed my being
singled out by the City Attorney in the cause of action and allegations filed Friday, February
5, 1993 by Fish and Game. This covered the area of Sterling Heights and Highland Hills,
which is immediately contiguous to the east of Stubblefield Mountain Shadows.
It is ironic that the February 15, 1993 Supplemental Agenda Item S-3 request council
authorization of an Agreement in which the City accepts a Primary and Substandard
Secondary Road Access to Stubblefield Mountain Shadows Property east of the Rt. 330
Freeway and along City Creek Canyon. The City is asked to accept by Agreement full
maintenance of the Roads, as they are relinquished by the state to the City, regardless of
meeting full City standards and the Cost of compliance to the City. Through Mr. Empeno,
the City Attorney wants a provision added to the Agreement for a $100 thousand credit
toward any future Stubblefield Judgment against the City arising from the April 1991 $11.5
million damages the jury awarded Stubblefield. Mr. Empeno handles all City litigation,
however, outside Counsel has now been retained in the Stubblefield matter.
(See attached February 15, 1993 Supplemental Items S-1 and S-3)
(See attached Caltrans Policy and Procedure No.90-04)
(See attached February Supplemental Agenda item S-3, City Engineer 2/8/93 memo, City Attorney 2/10/93 memo and
Agreement with maps and Planning 7/14/92 letter)
On July 15, 1991 the City Attorney recommended that the council initiate a General
Plan Amendment covering the Stubblefield Mountain Shadows 20 acre property and could
be served by these roads now under the Agreement for 480 High Density (24 units per acre)
apartments. It is not without coincidence that we were singled out by Mr. Empeno and the
HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850
HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406
RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153
A WARNER W.HODGDON FAMILY GROUP AFFR.IATE
Page 2
City Attorney in the Dedicated Sterling Avenue and RSA Highland Hills cause of action
filed Friday. February 5 1993 with Fish and Game.
The Stubblefield attorney under the $11.5 million damages against the city also
represents the Sterling Heights property owners. The same attorney filed a claim against the
City in February 1992 as to the City handling of the Sterling Avenue and Foothill Drive Area
property.
The July 15, 1991 Council Agenda item 38 covered 29 acres of Stubblefield Mountain
Shadows Property only. After the July 15, 1991 Executive Session Mr. Empeno represented
the City Attorney's revised Agenda item 38 recommendation to the City Council for a
Stubblefield Settlement Agreement. This covered, but not limited to, a City initiated General
Plan Amendment to the City July 3, 1989 Updated General Plan, encompassing 283
Stubblefield foothill acres, a density increase of 766%, including 480 Mountain Shadow high
Density Apartments along City Creek Canyon.
(See attached July 15, 1991 Stubblefield Property Map and General Plan Amendment Compilations)
(See attached July 15, 1991 Council Agenda Item 38,29 acres only,Stubblefield)
(See attached July 15, 1991 Certified minutes RE: City Attorney's Recommendation of Stubblefield 283 acres)
On January 14, 1988 a Writ of Mandate Action was filed against the City, Common
Council and City Environmental Review Committee for approving 491 Apartments in this
immediate area along City Creek on December 7, 1987. This was not an RSAC project,
however, my family's legal council, Reid and Hellyer, voluntarily defended and held
harmless the City, Common Council and ERC members and held them harmless. A
Settlement Agreement and Dismissal was approved by the Superior Court July 3, 1989. On
July 3, 1989 a Writ was filed on the City against it's new updated General Plan. At the
request of the City Attorney, voluntarily my family's Legal Counsel again defended and held
harmless the City. All matters were successfully Settled and Dismissed at no Cost or Loss to
the City. RSAC (my family) absorbed over $500 thousand dollars in legal cost to successful
defend the City and resolved the related matters.
In July 1992 the City Attorneys office, through Mr. Empeno continued it's scheme for
a Stubblefield Settlement. This included having the Planning Department process a
misleading Borough Site/Grading Plan with Initial Study for the purpose of generating Rt.
330 Freeway Fill Material. However, all remaining Freeway Fill Material required was
obtained from the Wal-Mart site development and completed in May 1992. There was never
a need for a Stubblefield Borrow Site as RSAC Highland Hills Ranch had committed to
provide the Freeway Fill Material at no cost in April 1989.
The Stubblefield borrow site and grading plan was actually for 69 Mountain Shadows
Mobile Home Lots and a new foothill road access. The goal was for them to be implemented
prior to the approval for the July 15, 1991 Mountain Shadows City initiated General Plan
Amendment, recommended by the City Attorney. At that time Stubblefield sale of Fill
Material to the State at $3 to $5 per yard was contemplated by the City Attorney and
Stubblefield.
The City is now being asked to accept the Frontage Road on the east of the Rt. 330
Freeway and maintain it under a 50 year Development Agreement in favor of Stubblefield. It
HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850
HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406
RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153
A WARNER W.HODGDON FAMILY GROUP AFFILIATE
Page 3
is couched in the Agreement as Primary and Secondary access onto the Rt. 330 Freeway for
any future density under the General Plan. Caltrans letter dated October 19, 1989 stated that
the request for access and frontage improvements by the developer through City Staff are
clearly adverse to State Policy. Freeway Funds will be put in jeopardy. The future density
for the Road access could include the 480 High Density Apartment property the City
Attorney recommended for the City initiated General Plan Amendment on July 15, 1992. In
and before May 1992, Stubblefield heavy equipment completed massive grading on this
property and other Mountain Shadows property. Thousands of boulders and thousands of
tons of related material, debris and tree stumps were bull-dozed over the cliff into the City
Creek Canyon Streambed.
(See attached Caltrans letter dated October 19, 1989 RE:Developer Access Adverse to State Policy)
The upper piles of graded material crashed down onto several tents in the Homeless
Village below, built in and along City Creek. Fortunately, there were no immediate deaths
caused, as the Closest family with children, normally sleeping in their tent, were not there on
the early morning the bulldozer began and boulders wiped out their shelter. The village has a
commissary , no sanitary facilities, neat rock border paths from tent to tent, three generations
of dogs, open fire heat and cooking. Of the multiple Wildfires along the Rt. 330 Freeway
and Mountain Shadows there was also a City Creek fire recorded, put out by Fire authorities
and named the Homeless Fire.
I respectfully submit that the City Attorney asking for a $100 thousand credit against
the $11.5 million Stubblefield damages and by allowing this as the only provided economic
consideration to the agreement requires added thought. The roads for City Acceptance and
maintenance in perpetuity are on both the east and west side of Rt. 330. Does City
acceptance include all prior cost to be paid by the State for, Curbs, Gutters, Streetlight,
Landscaping, trees, irrigation, Fire hydrants, Signals and meeting standard City
requirements, including cut slopes?
It is my further understanding that the City Attorney and others have flown by
helicopter over the entire foothill area from Sterling Heights east to Mobil's East Highland
Ranch for complete surveillance, visual comprehension and photologs. This includes, but
not limited to, the CDF-FP East Highlands Area Vegetation Management Program and
Prescribed Burn which was implemented December 16, 1991. Enclosed herewith is the prior
and ending June 15, 1992 Photologs of City Creek Canyon and the area west and east of the
Rt. 330 Freeway. Prior RSAC Photologs of the State Rt. 330 Freeway construction in the
City Creek Streambed with over one thousand eucalyptus, alder and Sycamore trees that
were bull dozed down, have been given to the City Attorney in January 1992.
Respectfully,
Warner W. Hodgdon
Shauna Clark,City Administrator
Al Boughey,Director of Planning and Building Services
James Penman,City Attorney
Dan McKinney,Esq.Reid&Hellyer
Lisa Visingardi,Esq.Reid&Hellyer
HERITAGE OF THE MOUNTAINS AND VALLEY BEGAN IN 1850
HEADQUARTERS:POST OFFICE BOX 2146,ARROWHEAD SPRINGS,SAN BERNARDINO,CALIFORNIA 92406
RESIDENCE MAILING:3295 BROADMOOR BOULEVARD,SAN BERNARDINO,CALIFORNIA 92404,(714)883-0153
A WARNER W.HODGDON FAMILY GROUP AFFILIATE
SUPPLEMENTAL AGENDA
FEBRUARY 15, 1993.
Y
S-1 Approval of appropriation from General Reserve to City
Attorney Budget to fund outside attorney and litigation
costs. (See Attached) (Cost to City -- $200,000 from
General Fund Reserve)
MOTION: That the Finance Director be instructed to draw
down additional amounts not to exceed $200,000
from the General Fund reserve to fund payment of
outside attorney bills from the following City
Attorney budget accounts: Litigation-Outside
Attorney (001-051-5-3049) and Litigation (001-051-
5-53050) .
S-2 Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of Program
Supplement No. 77 of Local Agency Federal-Aid Projects,
between said City and the State of California, acting by and
through its Department of Transportation, relating to the
rehabilitation of pavement on Arrowhead Avenue, from Mill
Street to Third Street. (See Attached) (Cost to City--
$51,042 from Street Construction Fund) Ward 1
MOTION: That said resolution be adopted.
2/15/93
S-3 Resolution of the City of San Bernardino authorizing the
execution of an agreement between said City and the
Stubblefield Construction Company, relating to access for
the parcel north of Highland Avenue and east of State Route
No. 330. (See Attached) Ward 4
MOTION: That said resolution be adopted.
S-4 Authorization to issue Request for Proposals & Purchase
Order for Micro Computer -- Traffic Forecasting Model. (See
Attached) (Cost to City -- $150,000 from 1/2 cent sales
tax-local funds)
MOTION: That the Director of Public Works/City Engineer be
authorized to issue Request for Proposals in
connection with establishment of a city-wide
Traffic Forecasting Model pursuant to the
Congestion Management Program.
2/15/93
�a K_��. 'y� ��b��en�.'.s'��'�'" y ` }' ;�yy 4 �, �� N �:.,y�r` �e;° 1j� '.s �,� .-s �J ..e i i•�tr-;�Y.�"
{w- y; � ., xYa •S:t •��,' ����''+�' ��' r. �i � h.., 'ti F', �����rF,
t !
+
", �� �,g v� •' '"'n 'tip °'fin � �� s �. t� Y� ',"'° � qW
�`� $•:0 �'n.�. � -��r� �.ry:' � ,.�� "1+ �. .,r *. a 2g;«�!'4- q +�i �" �y � '. d^?�s`r.
T,�.,�M'S �si. � r i,k r '. ,..s i=�,F�`. rF�,''+'• ,Y.+�����w'k� r T.'-F��� ��.`'�
_, ,��ti� `�' {xk,' if�..r a * '' rr� ro � � �k,¢�a'"'.r$ir�,r�•yf�i�. � �' ._ 3� f ��
� "5'�r a y y«p k �a s f:�°�)��r •y� .:Y '� - lei
$
i m � R .r 'T7 ri•
'�y_ :/yi �- � 4. �' �, Fin R �• "y yry�.y _ .. mS +wA },F7;
,s! r k - :��'.>�� si � .,"v.j ,� �w F,�v:� •�.. �-�s ;y�.,,,��r��t e <. _s '� :a.
Nt `
�4. �A i 4i,'�d.• �t �!re�, r!:.,.. { p , a ed• f �f � -'el�a'9 y s`� ,l '� s s:��,�,� ��:r�?y �,kt+. �f}..'r•!r'a � aL' $
I'R�,� E. .s is,!f �¢..�+ �.. ,K� a �, •���'.� 7+ij'y��'.,,; �� '$'."�` R"^'� � ?V rp�r*y� '�y �''-,,, Fr, .K
� i•:�fC`t �. - a � 1n^ ���. ,� �,�'`"�`, �� � i =S ���'t� 's��,� ¢x: `'�' n��y,.rS �" f ,,.
e�,�w•5 .Ysa4y. '° a�> A;�c �', +'a �� M1) ' j � K� � �• '�'y�`,3�r�`
,'A(�: } 'sP'. A I ,yfa m..i '1' s. ,� x' ,� •'n.'Y .yY .�5� t � .. a {Y
a�
? '�..r t•L "'TyR a ,` � '�xr vM ^�'
;�.e sY,F,v+" h fit C ,3' nor t� .� ArI uf4 •xC '��« fet'�. ,
�x�" � a° 'b` �'A`� w it"�i' a .��•+���'>.�� ?� "�F� - r
c ., « �"'.r rJ ��,. 'sr ,'�r'�,;A - �, . ,. .s ro `+•� •,*.; ��'��`�����"'^nF•-c�"" �i•+����"rC$�"`�.x. � ���,�s 3�srs
'�';«.:�`r��'�r,1�� g, "•� � :"t��«��� ,��. ��sk• l � '�I�� �f.s .'�.r � "t p$�"'r�'�, y�� ;�.ct: �'5,�'?' ,�„g.
it � � ' y � .{ t�.. �� �' .�� �y"',�� "�' y nkF` '��•�w'�r�'N ��}'���.rt�sr�+`�y�! �•�},•'f+�Y � '�A'r°p ,.R�`.
'�,�•, y����•Y�. a.r ,M1 Y� i`"..._ ,W ''�'. :+F 5,wr .' Y w fR,,.,r�rApy.,. -,•v ��}�,� �'�vii'R.5!t`�. ,, .�`g _ KII'.'A^"�..�"y'pk.Z yn �.
;����� �, � � ^�. �,��«d� A ��*•. .1'��`Ekf :.S,' ��ti� rf'+ s r'Q�ti,+aK •r '.[Ca'ke�w ^ - �-,� ? }.4 �Y +'44'%;x. ..��.
rx, �•t�, ' ',.�,'{,. x '�� . _ r r ta, :,;t.�, .� t •'� >`i+r;C. "r .���` r +?t^s �F:''.�s,; R 'r,'�3r� ��iy�rr•�
•. ,.. k, "a,�, � vp'+�. �o-tR'�F a x --,�h,"` far Srx � ����'?��r„� +���''t.'w ', �'-t.+.1�.'Yc.
a.� s @y s ?' g Vin• a ,� �,. < �. ,,��s 's' � •4 � �tF< �3� �tEy' t',e 7 aK��"`� `•`.dv, ''�
Sr,*� ,� ?��Csr��. C i.1„ � �� +aL�fi �'��' � _ +�.""r '� 'k• t. �r.. ;y �s�,,, � ti's=+�,��.��� ,�i"r �'��
:<'�. fir"': �: �,..�'�'" q, ',s�, ar a �i �- �,y �,•z r,g' ?,,,
M���"`y''tk����. �8��•��,"�'!;" y�a"4"'�V'(._, sM '�'4 is `.'. R- ,� .,u, ¢� x �..� �� �thY.. �°,r �� ,�4.• P'. �.
��,���Asa` �'�'���� - °� rk� ��, �,f.'+��gQ rF.,. ,� :• �' �s`�'E+^� �'t. i 3S�'`''r.:� k` ,, �
C
'�;rk "`„r�r wrr fi�y=�� _?• } � � �� Y.a� f t ,�,"�� �. �.� r .-.1. � y� K ':t1,,S'�� �,��a«>,e��`a •�k �'T�����1:.•p:•
�„� ^1�x� � s �.` j �y 'P -1 .�� '.w p :.sue. 3#- .. C�•,at"'� a`' ;.
��. � '1Y• ' % r k :a, :! ,r•,o °'% ,eft. ''<.. •`1 W' e5�7�.«rY �'
'• � � id 4,r �. ; .Fn r�rr� ."'r'" '��' +.fi,; »;� •� '%'r :t �'"���'x�y1y4`-E„g`��rr �t��'d' ��5,�¢ .�� *f,
_ y
a 2 to k c Lam• ,��� 7 /JZ/Lfl�'t[� (/� 4 2
p►.•.w♦ Kv. 7A.
policy & procedur �° 90-04
nTU
Emergency Access from
Ereeways and Expressways --!Z-- 19
S C ?
_ ER .,�E � _ Z
5U 0,G UNIT
Encroachiment Permit Divis:o of Project -jevel.00,.t.nt
<uFEASE4�5 -N£Th4 =� sio ns and t Distri^
•- s
_arouc' O.fice Chief=
_ . ?JRPCSE
':-o establish a statewide Folic-: c Baling with encroachment
permits for emergency access from the freeway and expresswav
system.
__ . ERC:�GROUND
,.. Section 13$62 of the Califcr _a Health and Safety Code
cives authority to Fire PriCtection Districts to provide
for the preservation of -,xe and property from the hazards
o dpanic, Law enforcement agencies have simiia
power to provide protective services .
.. . Local ordinances and planr._ng controls frequently requlre
developments to provide alze:nate access for fire and
ether emergencies as a ccndicion c-= development approval.
"he Department is recei.vinr, an increasing number of
reques_s for emergency access from freeways and
expressways . Typically, t!:Ose requests relate to JOCal •
requirements for new or expanded development or to recent
emergency situations. In the past, some Districts have
been allowing installations of breakaway fence panels and
turfstone approaches within the right of way via
encroachment permit when •requested by a public agency wi th
justification. The increasing number of requests for
emergency installations raises the question of vial
necessity. It appears that a significant number n f
requests may be generate y a desire to avoid proper
p,an.nq and local street construczion, elimination of the
need cc obtain as easement ou:side State right of- way, c
a es'-:e to maximize development—area. In a wide range o°
c-rcumstances, the p acement of breakaway fence panels or-
locked gates does not guarantee that the fence will not bt
c---t at locations nearer the emergency site .
Policy and Procedure No. 90-04 Pace 2 of
III . POLICY
n. TO preserve and o;of :;,e access control
freeway and expressway system, it will be the ^e
Department ' s policy crohiUit planned emercency acce,•
or new or expand de ale P ments . Emer ency access
e lann d for and sided from local streets or
conventional hi hwa svc;:ts:d--e t h cess conL_o! :_Kits
Of freeways and exnresj]!n s
3 It is not acceptable j__ planni c
the access can be branched n agencies to r.sst; �e t
breakaway nels cr -c_ o�' or provided for w-th
Y P _ c<_.. gates in lieu o: provid.—
other appropriate alternat?ves .
C_ The same prohibition of Emergency access shall apc'_y = _
any request for additional emergency' access to existing
development . Ex?scinc emergency accesses, grantee in
past., will be allowed t: remain .
i
In responding to emergencies, fire districts, law
enforcement agencies, c: Other emergency funct.io-s �z .
Cut or otherwise breach access fences if necessary zc._
quickly respond to a specific Emergency. In such cases,
they must replace _*enc:-g and restore the State richt of
way via an encroachment permit at their expense .
x
ZV. ?ES?ONSIBILITIES
r. The District Directors of Transportation will be
responsible for the fol'o:aing;
✓1 . Implementing this Pclicv.
Enforcing this Policy.
3 . Recommending any exceptions to this Policy.
S. The Office of Permits, division of Traffic Operations,
will be responsible for incorporating this Policy ;;etc
the Permits Manual.
C. The Chief, Office of Prciec: Plan:,ing ant Des;cn, a;?;, :-
responsible for approv4n9 or denying any request for
exceptions to this Policy.
r
t
i
1
-
.i'. .,�,�. ! r"y )lea,?"-;�y "!e _.�t )* • � sf r X`�Fn�'"'�'°� fa �t r�:i' ao �''`) �.. ',3t•. :°a� ..� � . i7m,.
1;
•� � ya.r � !x Y��x r�� yV�3.ti;.� w.`" ) � � .�. �#'�� a� k 9r t Qa - OS U` a.t✓�
« �:.., , r :h ` 6 kl r.. .� - ' Jr�d�-�r_.. 8J1'" .,q. Yv :�� `�.• �� �rA' � 't �.
`� ta�°� � �.,r� ,ti!t�- s.4y'�� � �' ;�j� !;s'�, ht,�y y t yir $ '':yx � �. ""'.lbw•''t3.
.a •x, a RJ'-c. -Y .(S 7''.,.t'`.pg _}� � ^f y�� .tc:�y r + y�, 'lF- �•{:. i y.{ ' `�{, �
«�.. .y }. � A 4 S. kJ^ �+`Jr "F q."• r"' rT' +r' � y�.,� � ,��jc ';r. � �.
_x �. ;t "� �f ar'sr''►i.�y" ����� �r; -`"`�us' #'- t ,�.�� �r ,,,ts ''.�.'- ��t'
r 3,
�j'�.L�`•r�� '»' � � �c � ;�k t W� t+� m ".� 4 7~� S� �#E.7,{ 5_p �r r„�� ,p
.* �-3e '� •tJ `k cry ! vx2'%, t �` •' �: � 4- 4' ...Y ^1 !'^s4n b t � �` .,,z� •�+ �•
n:kY
.��6��' F• d� a jug:.' .'�. at ,r n+ '{.'" 3. #
eA• � �a{, :a �,. )¢ �: A:. � ..Ei,q. rr`�',�. 'd.,t: #t' .g r+.l
.�> :, z. "�� , `� q .,.�"� x Yom• a .x"` .�, �`
7T yf'a«"� ,,,,K.r .- K � ¢!«,rye .x',t�y=,� c^ .� ,'� w;� � '��•`;_ a -�. ,� i f:.�r�
? �*,Z�3'��'w�r�L'f's,� h�,i Kr,,a� L r. '`a._ - x a ,,�y •"�2`�pr.5'.y, ,r � ',f' � ,T� , ^�'s.. ;,. r�„ �Jw1''�,? ;•.
�'� ''� ;• ��4_ }F. r:;6at's�id,,,tt-�'t'•t. �w�yta,'�,a..- 'y �c;. Y'" 4���{�• •a e.�'J� � ..�J .. "a`'K� Y•. ''r ,;�• �a�.. �'.�.
t x-
Y.
",'!� '� t � ���•'. �� ' �"` 'w"5.�:.��p" .ry �'"" v a'-"� �'��i r� Fy' �'` 'cbi', s die � 'p�'1�..�-:
.. � � s w .y= r d .,. (4�:+t 2` �i',gr": x �.. r }Y w1• r
Y
S:i r� •raga ,:ti`. ��",��"� •YJSt'� "e� � -h•�J�9 �`; �.r �`-4` ���� � s� "'•-'�
' S• a .', �£ � f - � r �r�'.�� ir'2 �':1>' • _ _rt; •^+n�F�:- � � Y �C,:.yt,�rte' i. J ����_,y.
' �,>;4:;,' t 'fi.,'p�t .._ �,x:i��'!��• •e.. �-.3, dA .S Y A: �"£:.'�i�'l�s' :�{i�'��1.f 1Z4 •,.,�,i„yt} ,�y�.: "ir'� �4,' Y.S � (5;V'' °p'.�F'�Y"
.! °nla: .aq `3, t 'v `s-`' �",Sn� '� �. _ _ ',kr''vy3"eY� :. `wt. r •f, it Y t. s '✓ :ti,,:'.
r�% r, ;r•S�` s # '� � itit�; x%� <ri'�tS.g• �{ ��:
J •"x: S,r°R`+�'•_ w.. ,r.',,: ,�a' .. .ti - L.•_.'!>. F ,�.. , ,^ ,,*f. 4 �..r R, ttu ra t* :, .a. ,¢{ �'' `• T J�. � '3 :«r ,�,r a.
�"•-r,�, as SYHw'" r A=*Ys. °�+ +... #z.. r Mull,
� df��� r., .��� .�';v�rrs'r� Y,'2,� �,'� b- w �' '�x�,° �rt.•S. N, a�'�"
.8��+, k:1''s�'�z � �.+-ev �*g+/,} 't►. "`,� is rYi. o ��brTW a�:ky Y +� 4` `�s'�,. #a,'����A�.'� �t r ��*.��a k '+�...� ='J
�' JA� � , }".5e�v�,',*:i' -������°�inF ,:-..� •,X" +9re .{� 1 . � =1 iv 's�` ,rte. "3�"
',*�� ��.��� •jRi. �#SRS•°!;���¢x. .� .:�,r r` �`�::U'��. �F'! f .•'9t,y t'tc�''�-��J� �( ad' ;{ `�t?:^r
ct +���.�� ,C'iY`^• ¢'.ir. #,, r ,�+. F.!"� '�c, ?�•.7'C" 1� .?�' .sue +, �°� a�
SFr- YSY kg)Ji��Ae.n•, +r i. �r•�1!���a ,'•,�� -^�� '" ;� � �••�°3�{�'�}�.��� � A ."
���,�' +"". tt `:rrt^y+:RjT'�� }rs `{�','�.,p(�[$', � �•i�3'Vv � ..�Sttd�Y'6ep �'o R:...�•c �:* s e � y'ZL$:Si t�J.r'e9n a�i:'`y�j�` J h.,y ?,
; sw .�-'# 'J'•nF'r{'F.,�� 'r 'a�, iei, �. � .� '1'x�vir x •�' ��t �� ..� _',\ J�"Ar. :+)�t��i��yy"�.�4k^'}1x .?tu p��`!�" d 4"`. }..,e.
r r}. e!' �, �•�� ,�+L}.. ��.�"-�a A ��2�. �'��' ,� ^dx ,'.'4iy'iily��'�'t. ) � ,.,.+ ��" �f�"#
ar:��4� .+��'�', 'E �� rTt�xt�a J � `•��'�' � �n� g -3�i:,0'� :`�`i '�"'•. ' d
s� Jo`F' ;t<•" Ep'Y �`� i `° r �.�, xeh j� 4 `s _ � ..- t t.• .1�y .t
M � '+ ` � � A `•�tib .de; A t� y`�3 'e,#". sv :1• 'qir +'�' '�`. � JA. r � ��^s�'Y7�" M i:ik
y s ;} � �� _�F a � � `5 � 't'�•(,4"��t- �s�«r kY.. �.rv. '.J4 ".#'; A� '-�a n "�., _..
C I T Y O F S A N B E R N A R D I N 0
INTEROFFICE MEMORANDUM
TO: SHAUNA CLARK, City Administrator
FROM: ROGER G. HARDGRAVE, Director of Public Works/
City Engineer
SUBJECT: Item No. 34 on Agenda for Council Meeting of
3-8-93 -- Agreement with Stubblefield Construction
Company & Caltrans
DATE: March 10, 1993
COPIES: File No. 7 . 01-29; Reading File
---------------------------------------------------------------
This item was continued to the Council meeting of 3-22-93 .
The property owner (Stubblefield Construction Co. ) needs
assurance that the basic provisions of this Agreement are
acceptable to the Mayor and Council in order that they may con-
clude their negotiations with Caltrans relative to acquisition
of a portion of their property for improvement of Route No.
330. Therefore, we recommend that the Agreement be approved in
principle, and referred to the Department of Planning and
Building Services for environmental review and recommendation
by the Planning Commission.
There may be a question if the Mayor and Council can approve a
deviation from the Code requirement for two means of access by
dedicated and paved City streets . Several items of concern
were noted during review by staff, which need to be negotiated
with the other parties.
Therefore, we recommend the following substitute motion:
"That the Agreement with Caltrans and the Stubblefield
Construction Company be approved in principle, and that
the Agreement be referred to the Department of Planning
and Building Services for negotiation with the other
parties over areas of concern, environmental review,
presentation to the Planning Commission for a recommen-
dation, and initiation (if necessary) of an amendment to
the Development Code to allow the Mayor and Council to
grant a variance, to the requirement for two means of
access, for those parcels that cannot reasonably comply
w' this prow' . "
ER G. HARDGRAVE
Director of Public Works/City Engineer
RGH:rs
�3�