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Home My WebLink About2004-322I RESOLUTION NO. 2004-322 2 3 RESOLUTION OF THE MAYOR AND COMMOM COUNCIL OF THE CITY OF 4 SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE SAN MANUEL BAND OF MISSION INDIANS RELATING TO PUBLIC 5 IMPROVEMENT PROJECTS RELATED TO TRIBAL PROJECT IMPACTS. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 7 OF SAN BERNARDINO AS FOLLOWS: g SECTION 1. That the Mayor is authorized to execute an agreement (attached and 9 incorporated herein as Exhibit "1") with the San Manuel Band of Mission Indians (Tribe), in 10 which the Tribe agrees to fund Five Million Five Hundred Thousand Dollars ($5,500,000.00) for 11 the Public Works Improvements to be undertaken by the City of San Bernardino as set forth in 12 Exhibit 1 related to tribal Project impacts. 13 14 15 SECTION 2. This resolution is rescinded if the parties to the Agreement fail to execute 16 it within sixty (60) days of passage of the resolution. 17 18 19 20 21 22 23 24 25 26 27 28 -1- 2004-322 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 17 20 21 22 23 24 25 26 27 28 RESOLUTION... AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE SAN MANUEL BAND OF MISSION INDIANS RELATING TO PUBLIC IMPROVEMENT PROJECTS RELATED TO TRIBAL PROJECT IMPACTS. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a Joint regular meeting thereof, held on the 4th day of October , 2004, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x LONGVILLE x MC GINNIS x DERRY x KELLEY x JOHNSON x MC CAMMACK x The foregoing resolution is hereby approved this lg, day Approved as to form and legal content: JAMES F. PENMAN, City Attorney HI /J Ce'� City Clerk er .2004. San Bernardino -2- 2004-322 EXHIBIT 1 AGREEMENT This Agreement ("Agreement") is entered into as of this 4th day of October 2004, by and between the SAN MANUEL BAND OF SERRANO MISSION INDIANS, a federally recognized Indian tribe ("Tribe") and the CITY OF SAN BERNARDINO, a political subdivision of the State of California ("City"). 1. INTRODUCTION 1.1. The Tribe is a federally recognized Indian tribe that occupies a reservation ("Reservation") within County's geographic boundaries. 1.2. Under the Indian Gaming Regulatory Act of October 17, 1988 (Public Law 100-497), 25 U.S.C. § 2701, et seq. ("IGRA"), the Tribe may engage in gaming as a means of raising tribal revenues and achieving self-sufficiency. Certain kinds of gaming, specifically that activity defined as "Class III gaming," require that the Tribe enter into a Tribal -State Class III Gaming Compact with the State of California ("Compact"). 1.3. In May 2000, a Compact executed between the Tribe and the State of California in September 1999, became legally effective. Among other things, the Compact authorizes the Tribe to engage in Class III gaming under IGRA and requires the Tribe to meet and confer with local governments on a government -to -government basis with respect to the construction and operation of a gaming project pursuant to the Compact. 1.4. The Tribe operates a gaming project, presently known as San Manuel Indian Bingo & Casino (the "Project"). The Project has assisted, and will continue to assist, the Tribe in developing and funding Tribal governmental programs which address the Tribe's housing, health care, educational, elderly, employment, job training, Reservation infrastructure, and other governmental needs. The Project also has benefited, and will continue to benefit the local community by providing employment, job training, and resources to the non -Tribal community near the Reservation. 1.5. The Project consists of one or more buildings located on land held in trust by the federal government for the Tribe in the County of San Bernardino within the boundaries delineated on Exhibit A attached 'hereto and incorporated 'herein by reference ("Site") which is eligible for gaming under the provisions of the Indian Gaming Regulatory Act ("IGRA"), and in which Class II and Class III gaming and related activities will be taking place, and in which parking, restaurant and entertainment will be offered. 1.6. The Project is presently comprised of a bingo hall, casino, related amenities, and parking. The Tribe has developed plans for the Project to include a new casino (which will replace the existing casino) and parking as well as related amenities such as entertainment, restaurants, retail and other facilities, as generally indicated on Exhibit A attached hereto and incorporated herein by reference. 1.7. The Compact addresses the process for reviewing off -reservation environmental impacts of the Project. In accordance with the Compact, and in furtherance of the goals, purposes and 2004-322 AGREEMENT September 20, 2004 Page 2 of 4 processes set forth in the Compact, the Tribe conducted the necessary environmental studies and issued the reports required under the Compact as relates to the new casino Project ("ES"). The ES was prepared and circulated to various state and local governmental agencies and was disseminated to the public and comments were invited and considered by the Tribe. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 2. The Tribe and the City of San Bernardino, following extensive consultation under the Compact, have determined the need for the public works improvements generally described below, and more particularly described in Exhibit B attached hereto and incorporated herein by reference ("Public Works Improvements"). The Tribe has agreed to immediately fund the Public Works Improvements upon execution of this Agreement by the parties hereto, and the City has agreed to accept such funds subject to their exclusive allocation to the Public Works Improvements. The City shall provide the Tribe with reasonable notice in writing in advance of commencing any of the public works projects to permit the Tribe reasonable time to review and comment on the plans for the work. The Tribe and City of San Bernardino agree that the contribution from the Tribe for the public works improvements to be undertaken by the City as set forth in Exhibit B shall not exceed the amount of Five Million Five Hundred Thousand Dollars ($5,500,000.00). A. City of San Bernardino Public Works Improvements. 1. Victoria Avenue Beautification and Reconfiguration. The City of San Bernardino shall a. Reconfigure Victoria Avenue from Highland Avenue to Lynwood Avenue so that there are two lanes in each direction, for a total of four lanes; b. Relocate existing sidewalks, curbs and gutters, underground storm drains under sidewalks, and storm drain channel on the eastern side as necessary to accomplish the above work; c. Construct new sound and decorative walls along certain residential areas; d. Construct and landscape medians of varying widths from Highland Avenue to Lynwood Avenue; e. Add a traffic light at the intersection at Lynwood Avenue; L Lynwood Avenue — The City of San Bernardino shall restrict traffic on Lynwood Avenue by adding a "no left -turn" sign on Lynwood heading east where Lynwood intersects Victoria and heading west where it intersects Sand Creek Road; g. Intersection of Highland and Victoria Avenues — Subject to the approval of the City of Highland, the City of San Bernardino shall: PT'EMPENODmfl AXroemenl-Sam annel. 91404wpd.wpd 2004-322 AGREEMENT September 20, 2004 Page 3 of 4 i. Construct a two-lane left turn pocket, widening the street as may be necessary to do so; and ii. Re -time the traffic light to accommodate the left -turn lane. h. The Tribe's financial contribution to the City of San Bernardino is for the described work as represented by the sums set forth on Exhibit B as to each specific public works improvement. Any other costs not identified on Exhibit B are to be paid by the City of San Bernardino. The City of San Bernardino shall have the authority to rebudget any project savings to other public improvement projects within the vicinity of the Project, subject to the prior written approval of the Tribe, which shall not be unreasonably withheld. i. Construction is to commence on and be completed by the dates set forth in Exhibit B, subject to extension of said deadlines for completion by mutual written agreement of the Tribe and City of San Bernardino. j. In addition to the public works improvements described in Exhibit B, the Tribe contributed to the City Eighty-five Thousand Dollars ($85,000.00) in April 2004 to assist the City in a joint rehabilitation project on Hemlock Avenue from the intersection of Foothill Avenue to the north end of Hemlock Avenue. The purpose of the rehabilitation is to improve the current condition of the pavement. The proposed treatment is a 1-1/2 inch full mill (curb to curb) with removal and replacement of any areas indicating subsurface failures, followed by installation of 1-1/2 inch new asphalt concrete. The cost of the rehabilitation project shall include the purchase of asphalt materials, use of private vendors to operate the milling machine and paving machines and to perform street sweeping and haulage of grindings, and use of City of San Bernardino Public Services Department staff to perform all notifications, traffic control, raking, rolling and other services. 3. NOTICE 3.1. Any and all notices required or otherwise provided for under this Agreement shall be served by certified mail, return receipt requested, or by overnight mail delivery for which a signature is required and shall be addressed as follows: FOR THE TRIBE: FOR THE CITY OF SAN BERNARDINO: Chairman Mayor San Manuel Band of Mission Indians City of San Bernardino 26569 Community Center Drive 300 North "D" Street, Sixth Floor Highland, California 92346 San Bernardino, California 92418 (909)864-8933 (909)384-5133 F iEMPENOiD,,f, Agreenienr-SnnMmmel. 91404wIW W 2004-322 AGREEMENT September 20, 2004 Page 4 of 4 4. MISCELLANEOUS 4.1. Amendment or Modification. This Agreement may be modified or amended only by a written instrument executed by the Tribe and the City pursuant to the same authorizations used to execute this Agreement in its original form. 4.2. Entire Agreement. This Agreement is the entire agreement between the parties and supersedes all prior written and oral agreements, if any, between the Tribe and City with respect to the subject matter hereof. 4.3. Severability. The invalidity of any provision or portion of a provision of this Agreement as determined by a court of competent jurisdiction shall not affect the validity of any other provision of this Agreement or the remaining portion of the applicable provision. 4.4. Third Party Beneficiaries. This Agreement is not intended to, and shall not be construed to, create any right on the part of a third party to bring an action to enforce any of its terms. 4.5. Force Majeure. In the event of a forced delay in the performance by any party of obligations under this Agreement due to acts of God or of the public enemy, acts of inaction of any party or its employees or agents, strikes, lockouts, unusual delay in transportation, unavailability of materials, fires, floods, catastrophic weather or other natural disasters, epidemics, riots, insurrection, terrorism, war or unavoidable casualties, the time for performance of such obligations shall be extended for the period of the forced delay. 4.6. Governing Law. This Agreement shall be construed pursuant to the applicable federal and California state laws. Executed as of the day and year first written above. SAN MANUEL BAND OF MISSION INDIANS A Werally Recognized Indian Tribe M DERON MARQUEZ Tribal Chairman k'iFMPFNODWAgre eal-5'anManuel.91404wpd.wp/ CITY OF SAN BERNARDINO A Political Subdivision of the State of California VALLES APPROVED AS TO FORM AND LEGAL CONTENT. James F. Penman, City Attorney, 2004-322 Tribal I Ai Governmental Center ^¢rmT �Trrmr=n._ - : TrrT _�TT' illl lil�dlll�lll � IIII I!illll(� 7tH16<-IIIIII 4��, � � I • ;.U1� A .'•o ,i'� rDK '�•� -------------- --� • � NEW CASINO COMPLEX J- LJ MNSMALL BLW C. JC { Y-r iJJ Tribal Y Governmental r I Center y `1 /2 Not a Part SOURCE: Jallali Architectural Group 0 150' 300' PARKING STRI TORE lip' �fm�fH` ffl�IfI�ND < • oil, ww*1HV f_�H Hid Ii 4 � Wil�lh �rh-9 '— Multi -Purpose Tribal Warehouse Casino On -Reservation Relocation Alternative C:5�o7llr q 2004-322 EXHIBIT "B" 9/20/2004 Proposed Victoria Beautification & Mitigations From Highland Avenue To Lynwood Avenue Estimated Costs December 1, 2003 Prywrcdby r�R.11"'-1 o Description Quantity Unit Of Unit Cost Extension Design/General Contingency Total Remarks Menu.e Rey. 209 259 Modifications From Highland to Lynwood - Demolition & Haul OR _ _ A/C for Median fi mi X12' Lynwood to Noah Margin Ofp.ki.g Lot 38,016.00 SF $0.90 $3421440 Sublotl Dmolition&Haul O $684288 S10,264.32 E5132160 4- ,214_.40- UtilitiesModify Storm Structure @ Channel & -E-3 1 Under Street Piping d Connections Q 281h t 10TAllowasom 0' $25,500.00 i iN 1 f met an on basis of cost $2550St -- - — Replace 24RCP street conning across 1 Victoria North of Data Street to existing 48 CSP on West ofVictoria that will be be III _dimrbed 100 Allowance $11,25000y___ __ $11,25000 I _ . No Information on basis of cost _ Replace IS" RCP South of Date Street Running across Vidoda Between Existing Catch Basins. Possible 30" pipe connecting the catch to the flood channelisift ed,nox I'OO IA1lowanoe $12,500 c0 _ - — — $12,50000 sbnsin Assumetern Assume othereistigU/G utilities not disturbed $000 Subtotal - Utilities) -, 59,850.001 $14,77500 I_.... $73,875W1 _.__. _ _$49,25000 Subtotal - Demoliton&Utilities 383464A0 S16,692.88 1 $25,039.32 $125196.60 Road Cmunuctimi ADAR ps Oa rulcurners D oliton&H I&H IAway 1200 EA_ ,50000 1800000 NewConc t games _ _. 1200 IEA 1 $I 50000 $8,00000 Cost Per City Input SubtotalADARamps, 1 � $24,00000 I ADA Ramp added by new VictorialH,ghland Intersection Scheme Demolton&Haul&Haul Away 100 1,50000 550000 1 Y ,EA EA , $L$od.09 51,500001 1 Cost Per City Input New Concrete Remps 100 Subtotal - ADA Rempsl, S2,c0000 Trade, luldn, P,Lynwood ',. 100 BLS $120,00000 $120,00000 _ - _ Previously Agreed Cost 1 LvirsoodT fl R t t (Assumes simple b eol t o) No ritilm turn Victoria _ 00 S I $2200.0$22,50000 No left turn Ly ood > Victoria 100 LS $22 500 00 $22,500 00 Resurface Victoria Cold Plane Street Surface 23,349 33 SV $205 $49,84979 Per Means Facil Construction cos¢ Resurface Same 11 23349.33 SY $5.54 _$129,33943 Per Memw Fa,IConstmc6oncosts _ - - _ Restope 21 - 120 00 ma/Ft jL$100 $21,12000 Per City _ - - - - -- Subtotal Resurfacing---''r 5198 309.22 Road C1tion� $TI,861 84 i $116 792 ]6 $583961.82 Subtotal Road --Meal C strum LynwoodtoNrtM1 - - Margin of Parking Lot 12 Mirada, 2' Wide Mirs to to Highland-__ -- — - Curb &Gutter, 3 median w/ 3 pass i I I From Lynwood m NnaM1 magin of 456M LF 514.00 $90,38400T thmughs 6 _.. morkmill_t - ._ -- Planting' Lynwood tMirada sectionly. ry . cor nito the Topsoil EII (I loam) _ th 2 curbwidth 0o 1gF $$200 $16,01600 __ ogg Sri Ifire, 1900800 SF $200 E38,01600 �_ p 1 t gr n T (I 20 79 00 EA $400 00 _ $31 600 00 _ d 1 it deedCiyl Other Planting 1900800 SF $I 501 %28,51200 I Cost Per City Input — $150I Electrical 3m X 12 1900800 $M52000 _ _ al serviceto edam _ _ISF Im.tem 3mi X IT 19e0800 SF $175� S33264.00 Iml are, service to median Subtotal- Median Construction _. 5285,48800, E59,09Z60 $85,64640y $428,232.00; SuFFan Construction $674,797.22 $134959.44 $202,439.16 $1 012,195.82 Total Highland to Lynwood S758,261.62 $151,652.32 $227,478.48 $1,131,392A2 Page 1 of 3 2004-322 WW"giDLn Description Quantity Unil Of UnitCal Extension Design/General Contingency Total Remarks Measure Be,. 20% 35% Other Road Issues ' - -- Double lam lane, Highland hk Victoria ut 1 Demo & Hand -off North &South side of HiShland, West side of Victoria 3170000 SF $251) S%250001 Siren widened by I1' room Victoria for 260' ' theWest (5.5fiemeac s 28 0 31? 810,00t emvtc_ 260 it fadw West fYctomdarea withintheintersection) . 28000001SF $1.50 $42,00000 M 8I Pt from Northwest ner 1. Northeast .,.or &mottysgrios I I W Allowance -- - $65,00000 E65 000 W I Cost Per city - - - ADA Rams N rth st&Southwest P I Comers Demo & His I off 2,00 EA 550000 $100000 i -- N Concrt Ramps 200 EA --- $150000 _ $300000j Cost Per Cap Subtotal - ADA Ram P� $4,000 00 Sidewalk Curb Corer Construction width) Nonhstc f IOONorth on _fi0000 SF $500 S1,00000� r- y - -- - Nordevest counter for 260' West on Highland 174000 SF $5W $8,20000 1 I Southwest comer for 260' West on I 8 I J4000 -_1 -- - or above Curtis f _ 68000 LF 51400 $9,52000 ( d tat) comedreiap _ 600 EA 600 _ $I,50000 E9,00000 _Krado _ D y North Side of Siren EA $ 650000 $12,00000 Subtotal - Sidewalk/Curb) $50,920001 Relocate Poles �e Relocate Signal Pole / A _' 5 00_ rIEA 00 EA $15,00000_F $20,000.00 25100000 $20,00000 1 cI I I 'g el Relocate G. Sth$ n 100 EA $15000.00 $15,00to locl elactral ; _ Pe a disruption _ odf i s Gstation Modifications sow Sublets] - Double Turn Lane. Hialdan�Victodai _. $148,96. ou $69,792001 $IOL68800 $523,44000 u Other Rod 1 (C 1 _ edl � f _ - - � Intersection -- - 2evrsd signal _ - 100 iAllowance :-- 51000000 E1000000 _ SubtotalHighlandoil Arden Intersection �- $I0,000.00 3200000 $300000 $I5,000.00 t- _ _ - Total Other Road laapes 058960.00 $71792.20 $107688.25 $538440.00 Off Road Scope or R$sdential Areas Demolition & Haul Off East Side CMU Wald 4 Mij 12,6]2 W SF $2.00 825,344 W Saw Cut Sidewalk(} Wall Base 2, 112007LF $1.25 $2,WPat -DemoSidewalk(2 d strip)_ 4,22400 SF $L00 $4,22400 West SidCMU Wall (3 mi) 9150400 SF $2.00 S19,00800 SwCut Sidewalk@Wall Base 1 158400 LF $1.25 E_I98000 Demo Sidewlk(2wtdestrp) 3i68W SF $100 $3,16800 Lynwood CMU Walk (.I_Mij___ 3,168 00 SF $1.00 _ _ _ $6,336 00 Saw Cut Sidewalk @ Wall Base '�, 52800 LF 52 $125 566000 Demo Sidewalk 2'wide sin 60 1050 SF 1 8100 $I OSfi 00 D Haul Sub_. && _. $64,41600 $1288320 819,324.80 _ _T $96,62400� CMO Sound Wall ma I - - - h hl 10 a mit footings, tie g 8pilasters-- perpendiculars ins to ext -_- East Returng&back (3)_ aoto(umpired 1,12000 SF 2433600 1 21 0 g$500 _ _ ,52000 00 E$3368000_-_ ---- ------ Pary ewakstate Term CLF J,pbook y d SF 2112 00 LF - 81000 $21,12000 __ _ West Side CMU Wll(3 mr, Return liodsloorminal state IT) _ 1584000 SF _.- 400 LF $2100 E500� $332,64000 23760 - _ Planning&irrigationsidewalk �Z 316800 SF I 18 00 $5,344 Temp CLF @ bok onds ILF Slow 815,840 or T L Y _ $ $11088000 Returneback rudsm o�_I tareO) Platng& gat (rJ s'dewalk (2) 158400 LF I,OSbM SF ES� 1 00 $8,00 S7,92000 $8,448W 1 __ Tempt CIE bark aid, ]9200 LF $10 00 E],92000 Tree replacement in s dewalk ockms 10.00 EA $4 500 00 E45 000.00 Subtotal- CMU Sound Wall IS Min, 10' Avg.) $1,107,864.00� 4221,5]280� $33235920 $166179600, Increase CMU Sound Wall Height by20 «-_-- -- _-- _ t0 12' Reg, inci footings, Pateten. Will 1 require larger footings thus larger back yard 1 reparations Fast SldeCMUWrdl(4M) Reembacky d I final utility 442400 SF 211200 LF _ $2100 E5_00 $10,56000 ii _ West Side CMU Wall( 3 )_- 316800 SF E21.00 E6652800 t y R t m back yards to on 1g Pal state (4) 1 584 00 LF _ _ $5,00 $? 920 00 j Lv pod CMU WaII ( I M Z_ _ 1,056 00 SF $21 W $22 176 00 -_- Retum back ands to on real state 4' 528 00 LF $5 00 S2 640 00 Subtotl-CMU Sound Wall (Increase 2') $198,528 on S39,70560 S59,558.40$297,792W Page 2 of 3 2004-322 9/20/20D4 Description Dumfty Unit Of Unit Cost Estrada. Design/General Contingency Total Remarks Measure Rep. 20% 25•/. OR Road Soon Z Residential Areas Continued Utilities e B_RI / ' 1400 ea$2Demoof 500.0, _$l 5,000.00 Evaid,Uilitie pl d underground Dom SE ormer ofFlighlmd to Mirada . 3X5 Conduit in concrete 10 down & wire 2,904 Go LF $100.00 $290 400 00 Subtotal Uthties $325,400 00 S65,080 00 $97.620 W S488,100 00 Total -OR Roed Smpe up Residential Areas S1,696,208.00 039,241.80 S508,862.65 $2,544,312.00 Total - In Sept 2003 Dollars $2,813,430.00 $562,686.32 S844,029.38 54,220,144.42 Escalation Facmr To Account For Inflation (See 0.08 ?81343000, 23fi54588 47,30 IS 70,96376 354,818.82 Calculation Below A public works improvement in the vicinity ofthe project, subject to the prior approval of the Tribe $925,036 76 Overall Total $3,049,975.88 $609,995.50 $914,993.14 $5,500,000.00 Escalation Calculation Pricing Date _ - 9/18/2003 Pmlecl Stan 1/I/2005 Prnjem finish 6/25/2006 Duration m on (years) z06 do mate Annual Inflation Assumed Annual Inflation rate 4 % Escalation Factor (inflation rate compoundeA annually to midpoint of conmuuiou) 1.09408 Exclusions And Oualifications; No Property Acquisition; though funds have been provided for this purpose and/or other public improvements, the execution of which may or may not impact the impmvemenh to the intersection of Highland & Victoria as detailed herein. Victoria Street Lighting Will Remain As - Is No Modification Of Storm Drain System Located On West Side of Victoria, North of Highland and South Of 28th Street East side of Victoria under parking lot No Modification of Storm Drain System Located On The Eost Side Of Victoria Under Parking Lot No Modification of 8" East Valley Water District Sidney Line In Victoria No Gas Station Storage Tank Work Page 3 of 3