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Home My WebLink About42-Mayor's Office < , CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Mayor Judith Valles Subject: Resolution of the Mayor and Common Council of the City of San Bernardino 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. Dept: Mayor's Office - - A.L Date: September 14, 20QR\G\N Meeting Date: September 20, 2004 Synopsis of Previous Council Action: Recommended motion: I. Adopt Resolution; and, 2. Authorize the Director of Finance to amend the FY 2004-2005 budget for the Public Improvement Fund (Fund 246) by increasing the revenue budget in account 246-000-4902 by $5,500,000 and increasing the expenditure budget by $5,500,000 for capital improvement projects: Highland Ave to Lynwood Improvements ($1,226,100), Other Road Issues/Improvements ($581,000), Off Road Scope@ResidentiaIAreas($2,767,800), and Property Acquisition/Project Contingencies ($925,100). ~ Contact person: Peggi Hazlett, Assistant to the Mayor Phone: 384-5133 Supporting data attached: Yes Ward: 4 FUNDING REQUIREMENTS: Amount: $5,500,000 Source: (Ace!. No.) 246-000-4902 Fund 246 Public Improvement Fund Finance: Council Notes: Agenda J 1f f{L /ojvjOt( ~<y~~32Z.- .' CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subiect: Resolution of the Mayor and Common Council of the City of San Bernardino 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. Backe:round: The San Manuel Band of Mission Indians (Tribe) operates a gaming project, presently know as the San Manuel Indian Bingo & Casino (the "Project"). The Project consists of one or more buildings located on land held in trust by the federal government for the Tribe delineated on Exhibit A of the Agreement ("Site") which is eligible for gaming under provisions ofthe Indian Gaming Regulatory Act, and in which Class II and Class III gaming and related activities will be taking place, and in which parking, restaurants, and entertainment will be offered, The City received the Draft Environmental Study for Off-Reservation Effects for Renovation and Expansion of Tribal Projects (ES) in April of 2003. At that time the proposed casino expansion consisted of the construction of an additional 364,000 square feet of building space with 70,000 additional square feet of gaming area and an 1,800 seat arena. A six-level 3,400 space parking structure would be connected to the arena and casino by overhead bridges. At a meeting on May 2, 2003, the Mayor, other city officials and members of the Tribe met to discuss the concerns raised by residents and the City. The Tribe and their consultant were able to provide solutions to the many concerns expressed in the City's written comments (see attached letter dated May 2,2003). Specifically, concerns raised by the City included the increase in traffic and impacts on the surrounding neighborhood, the location of the parking structure, effects from proposed lighting, signage, security, and preserving the residents' view of the mountains, The Mayor met with Tribal General Council on May 8, 2003 to further discuss the expansion and other issues of concern, The Tribe's consultants met with city planners, engineers, and Mayor's staff on May 9, 2003 to work through additional details of the numerous mitigation measures. On June 27, 2003 the Tribe released the Final Environmental Study that the Mayor labeled as "disappointing" (see attached letter dated July 10,2003). The Mayor states in that letter a desire to have the Casino facility relocated to a new site off current Reservation lands. Knowing the likelihood of this would not happen; the choice of alternatives was the "Casino On-Reservation Relocation Alternative", This alternative seemed to have the fewest negative impacts on the surrounding community, This alternative moves the parking structure, eliminates the event center, and moves the location of the new casino and has the new casino entrance facing the mountains. Representatives from the Mayor's Office, City Attorney's Office, and Development Services Department continued to meet with the consultants and representatives from the Tribe .' throughout 2003. Meetings were held approximately every two to three weeks (September 2; September 9, October 16, October 23, November 20, November 24, December 4, December 5, December 8, December II - not all dates are listed) to address the concerns and impacts of the Project on the surrounding community. In addition to in house meetings, a representative from the Mayor's Office met with the residents from the Belvedere Neighborhood Association at numerous meetings during the past year listening to their concerns regarding the Project. The results of two Acoustical Engineer studies commissioned by residents were reviewed and incorporated into the discussions. The City and Tribe took all of the letters received from residents and phoned in comments under consideration during the months of consultation. The City and the Tribe, following extensive consultation highlighted above, have determined the need for an Agreement, and attached herein, for the public works improvement projects described in Exhibit B of the Agreement ("Public Works Improvements"). The Tribe will immediately fund the Public Works Improvements if the City of San Bernardino agrees to accept such funds subject to their exclusive allocation to the Public Works Improvements. The Tribe agrees that the contribution from the Tribe for the Public Works Improvements to be undertaken by the City of San Bernardino as set forth in Exhibit B shall not exceed the amount of Five Million Five Hundred Thousand Dollars ($ 5,500,000.00). With these funds the City of San Bernardino agrees to: 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; (Improving the aesthetics and safety of Victoria Avenue through a beautification project is designed to promote pedestrian safety and calm traffic. This beautification project would also entail the installation of aesthetically pleasing landscaping that would absorb air pollutants, noise and other traffic- related emissions, shielding the neighboring residents.) b. Relocate existing sidewalks, curbs and gutters, underground storm drains under sidewalks, and storm drains channel on eastern side as necessary to accomplish the above work; (By moving the existing sidewalks away from the rear walls of the resident and placing a landscaped buffer between the sidewalks and the walls, noise and sight line into backyards will be reduced). c, Construct new sound and decorative walls along certain residential areas; (The existing rear and side walls along Victoria Avenue will be removed and a new sound wall with an average height of 10 feet will be installed. Backyards will be returned to their original states after construction of new sound walls for all effected residents). d. Construct and landscape medians of varying widths from Highland Avenue to Lynwood Avenue; (The project would consist of a raised landscaped median island and landscaping along the sidewalks of certain portions of the roadway. The landscaped median would be constructed for almost the entire span of Victoria Avenue). 2 " e. Add a traffic light at the intersection of Victoria Avenue and Lynwood Avenue; (The addition of a traffic signal at this intersection will increase the safety for pedestrians and school children walking to and from school). f. Lynwood Avenue - The City of San Bernardino shall restrict the 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; (Traffic will be forced to stay on Victoria A venue when exiting the Casino Project; all traffic will flow down Victoria Avenue and off of adjoining residential streets. No traffic will be allowed to make the right-hand turn from the Casino onto Lynwood Avenue due to the new design of the intersection, Additionally, no traffic will be allowed to turn right from Lynwood Avenue onto Victoria Avenue discouraging Casino patrons from using this route through the surrounding residential areas). g. Intersection of Highland Avenue and Victoria Avenue - Subject to the approval of the City of Highland, the City of San Bernardino shall: i. Construct a two-lane left turn pocket, widening the street as may be necessary to do so; and n. Re-time the traffic light to accommodate the left-turn lane. Although the scope of work outlined in section "g" above is located in the City of Highland, the City of San Bernardino will be the lead agency on the project. The City of San Bernardino will work with the City of Highland on the acquisition of property necessary to complete the project. Additionally, from the meetings with the residents, a priority to all was the need to address safety issues. The residents were concerned with the present conditions in their neighborhoods related to the casino activities. Loitering, drug activity, theft, and unsafe driving on residential streets were all issues frequently talked about at meetings and received by the Mayor's Office via letters and phone calls. Fortunately the grant funds from SB 621 - Tribal Gaming Special Distribution Fund, were awarded to the City in June 2004 for additional police officers designated to patrol the area around the casino. These additional officers have been hired by the City and are currently deployed to the area during the afternoon, evening, and early morning. Fiscal Impact: Public Improvement Fund (Fund 246): Revenue Budget: $5,500,000 Expenditure Budget: $1,226,100 $ 581,000 $2,767,800 $ 925.100 Highland Ave to Lynwood Improvements Other Road Issues/Improvements Off Road Scope @ResidentialAreas Property AcquisitionlProject Contingencies $5,500,000 Total Expenditure Budget 3 Recommendation: 1. Adopt Resolution; and 2. Authorize the Director of Finance to amend the FY 2004-2005 budget for the Public Improvement Fund (Fund 246) by increasing the revenue budget in account 246-000- 4902 by $5,500,000 and increasing the expenditure budget by $5,500,000 for capital improvement projects: Highland Ave to Lynwood Improvements ($1,226,100), Other Road Issues/Improvements ($581,000), Off Road Scope @ResidentialAreas ($2,767,800), and Property AcquisitionIProject Contingencies ($925,100). 4 OFFICE OF THE MAYOR JUDITH VALLES 300 North "D"' Street. San Bernardino' CA 92418-0001 909.384.5133. Fax: 909.384.5067 www.ci.san-bernardino.ca.us ,. May 2, 2003 Tribal Chairman Deron Marquez San Manuel Band of Serrano Mission Indians 26524 Indian Service Road Highland, California 92346 Re: Today's Meeting to Discuss the Draft Environmental Study of Off-Reservation Effects for the Renovation and Expansion of Tribal Projects Dear Chairman Marquez: I want to thank you and the Tribal delegation for meeting with me and other city officials today at San Bernardino City Hall to discuss the Draft Environmental Study of Off-Reservation Effects for the Renovation and Expansion of Tribal Projects received by the City in ApriL I want you to know how pleased and surprised I was to hear that Tribal leaders have already discussed and considered mitigating recommendations to suggest to the Tribal General Council based on the information you have received from residents of the impacted area. The possible solutions that you, your delegation and your consultant have prepared address most of the concerns expressed in the City's written Comments which I delivered to you during our meeting this afternoon. We understand that the Tribal General Council will meet next week to study, discuss, and possibly act upon those recommendations. Specifically, your thoughts on possible solutions to the increased traffic impacts which the proposed parking structure and the proposed Events Center will have, as well as the aesthetics of those two buildings, seem to me to be a genuine attempt to be a good neighbor to our city and its residents In addition to presenting those ideas to the General Council, the other possible . CULTURAL AND INTERNATIONAL AFFAIRS' EQUAL EMPLOYMENT OPPORTUNITY OFFICE . MARKETING AND PUBLIC AFFAIRS' COMMUNITY LIAISON Letter to Chairman Marquez May 2, 2003 Page 2 solutions and mitigations you shared with us that will be discussed at that upcoming meeting on the effects of the proposed lighting, signage, security, preserving the residents' view of our beautiful San Bernardino Mountains and most other issues of concern to the City of San Bernardino appear to me to be well thought out and responsive to most of those issues raised in our written Comments. It was also reassuring to me and the other city officials present that you presented proposed solutions to so many of the very concerns we identified and included in our response before I handed you the City's Comments. We are also mindful of the fact that some of the mitigation measures that you are proposing for consideration by the Tribal General Council will be expensive for those elected officials to implement. Your offer to have your consultants meet with our city planners and engineers next week, subject to the approval of the Tribal General Council, to further pursue the working through of the details of the numerous mitigation measures you are recommending is appreciated and accepted. We look forward to meeting with you again next week at the Tribal Government Center on May 8 to hear the response of the General Council to your recommendations and to further discuss the proposed expansion and other issues of mutual concern. ."purs, 0'{ C c'~ \, cc: San Manuel Band of Serrano Mission Indians Supervisor Dennis Hansberger San Bernardino City Council OFFICE OF THE MAYOR JUDITH VALLES 300 North "D" Street. San Bernardino. CA 92418-0001 909.384.5133. Fax: 909.384.5067 www.ci.san~bernardino.ca.us ;. July 10,2003 Tribal Chainnan Deron Marquez San Manuel Band of Serrano Mission Indians 26524 Indian Service Road Highland, California 92346 Re: Comments to the Final Environmental Study of Off-Reservation Effects for the San Manuel Band of Serrano Mission Indians Bingo and Casino Facility Renovation and Improvement and Event Center Projects, San Bernardino County, California Dear Tribal Chainnan Marquez: We have reviewed the Final Environmental Study released June 27, 2003 and we find it to be disappointing. From a meeting with Mr. Jerry Paresa we were led to believe that the Draft Environmental Study released in April would address the potentially significant negative environmental impacts outlined in our comment letter dated May 2, 2003. However the revised document did not specifically address the impacts. It offered further "consultation" and "good faith efforts" at finding solutions. We recognize that the Tribe is not subject to the California Environmental Quality Act (CEQA) or the County's Congestion Management Plan, but we believe that a document that is consistent with those requirements would go a long way toward adequately identifying the impacts and to resolving the issues caused by the proposed expansion projects. Although we appreciate the efforts you have made, it is difficult for the City to support the expansion projects when the concerns we expressed were not taken as seriously as we had previously believed. The City has been working with the Tribe in a good faith effort to address the potentially significant negative impacts, but now, the City is placed in a difficult and awkward position by the failure of your consultant to specifically address what we believed that you as Tribal Leaders have agreed to verbally. We conclude that the consultants may have done you a disservice by not adequately addressing our previous concerns specifically, or the actual negative impacts of your proposed development. This is not the model of an environmental document that we are used to reviewing; this document appears to be intentionally vague and misleading. It is disappointing to have defended the Tribe publicly and to have received a document that dismisses our concerns. We do need specific commitments. We believe this study needs to be revised to properly and specifically address all of the issues and impacts, as the Tribal leadership repeatedly promised to do, and not rely on such words as "good faith" nor "consultation with". CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity. Accountability. Respect for Human Dignity. Honesty , Final Environmental Study Response Letter July 10,2003 Page 2 The City's first preference, as you are aware, is that the Casino facility be relocated to a new site off current Reservation lands. Short of that we would like to see the proposed parking structure relocated to Highland Avenue or a similar off-site commercial location. Of the alternatives identified in the Final Environmental Study the "Casino On-Reservation Relocation Alternative" seems to have the fewest negative impacts on the surrounding community. This alternative moves the parking structure out of the neighbors' back yards thereby reducing visual, noise, glare, and other potential impacts. In summary, we find the Final Environmental Study lacking in many areas and request that the Tribe take no action on the proposed projects until all additional reviews/studies are completed, all significant adverse off-Reservation environmental impacts have been evaluated, and mitigation measures are specifically identified and approved. City staff remains available to sit down with Tribal members and your consultants to develop specific mitigation measures to address each of the significant adverse off-Reservation impacts and other issues as we have previously offered. For your information we are attaching the findings of our Development Services Department. While we recognize that the City can not bring an action under or pursuant to the Tribal-State Gaming Compact, the Tribe's failure to revisit these issues and the findings of our Development Services Department will be construed by the City to be a failure to comply with Section I 0.8.2(b )(2) of the Compact which requires the Tribe to "make good faith efforts to mitigate any and all such significant adverse off-Reservation environmental impacts." Very truly yours, (((,~, Valles, Mayor ,~ cc: San Manuel Band of Serrano Mission Indians 1482 East Enterprise Drive, Building 466 San Bernardino, California 92408-0161 Other cc: Mr. Dave Rosenberg, Governor's Office Council Members Summary Evaluation of the Final Environmental Study Aesthetics We previously outlined our concerns with the placement of a 48-50 feet tall (six stories in height) parking structure in the middle of a single family neighborhood. Recommendations from Mav 2. 2003 Comment Letter . Determine an alternative location to move the parking structure as far away from the residences as possible, preferably in a commercial area on Highland A venue. . Minimize the negative visual impact of the parking structure by designing it to look like an office building. . Design the parking structure to include more subterranean parking levels, to reduce the overall height at grade. . Close the west and south sides of the parking structure that face the residential areas. . Add considerably more mature, tall trees and other landscaping to help screen the structure from view of the adjacent residential neighborhoods. . Prepare a complete sectional review of the proposed location for the parking structure in relation to existing residential neighborhoods. . Complete additional photo simulation vantage points to include parking structure. . Revise the existing photo simulation to include the proposed surface parking area. Summary Comments The discussion on the potential impacts to aesthetics is still under-represented. Potential significant impacts have been overlooked and specific mitigation measures have not been included. The Tribe is now planning on "consulting" with the City of San Bernardino on landscaping, lighting, and architectural design. The 'Casino On-Reservation Relocation Alternative' attempts to meet the first recommendation made in the May 2,2003 letter, however it fails to move the parking structure all the way to Highland as recommended. It does provide a landscaped buffer zone of at least double the distance of the original proposed project, and relocates the proposed parking structure to be further away from the residential areas to the west and south of the Reservation. Design consultation has been offered to the City of San Bernardino as a means to improve the negative visual impact oflhe parking structure on the surrounding residential neighborhood. The City requests that this be completed before a final design is approved by the Tribe. The Final Environmental Study (FES) fails to address the recommendation of placing more than one story of the parking structure underground in order to minimize the impact of the height of the proposed structure. The recommendation to close the west and south facing walls of the parking structure has been addressed, but not satisfied. The walls of the parking structure are planned to be designed to be split, upper and lower portion of each level separated, but overlapping, and are planned to be "architecturally pleasing", with the Tribe agreeing to consult with the City regarding the architectural design. Although the split wall design will assist with the lighting and possibly the noise, it may not be an adequate aesthetic improvement, and it will do nothing about the overall height of the structure or its proximity to the residential dwelling units. The FES addressed the recommendation to increase the proposed landscaping by stating it will be dense enough to block the view of the proposed structures, and in the case of the Casino On-Reservation Relocation Alternative, would provide a larger buffer area for the proposed structures. However there is no commitment as to the maturity of the landscaping proposed, and no conceptual landscape plan has been offered for review to ensure its adequacy. No sectional review of the visual impacts of the proposed parking structure was provided. No additional photo simulations were provided, and no modifications were made to the one existing photo simulation as per the original recommendations. Light and Glare The City previously noted that although the environmental study addressed some of the potential impacts that the proposed projects would have on the ambient light in the area at night, the analysis was not complete and the mitigation measures were inadequate. Recommendations from Mav 2. 2003 Comment Letter . Restrict all surface lighting to 20' in height. . Require all lighting to be directed toward the ground, with no spillover. . Restrict location and types ofIighting allowed on the parking structure. . Omit neon lighting (even on the structures), unless covered on the top and outside in some sort of shade or hood to direct the light downward. . Eliminate the electronic message sign. Summary Comments The analysis is still not complete and the mitigation measures remain inadequate. The Tribe failed to identify all potential significant impacts and develop appropriate mitigation measures. The City still maintains that an electronic message sign is still incompatible with the residential character of the neighborhood and should be removed from the proposal. 2 The ambient light in the area will still increase, no mailer how much of the lighting is directed toward the ground, thus having an impact on the view of the stars at night, as well as the day time impact of visually blocking views of the hills. Although the proposed split level exterior wall of the parking structure will reduce light and glare (as well as noise) on the south and west sides of the structure and mitigate some of the expected impacts, there is still lighting on top of the structure, on the walking paths throughout the development, and on the structures themselves. Lighting and glare is going to be more of an impact than just within the structure itself. The Tribe has offered consultation on lighting design, however the Tribe should commit to maintain all lighting to meet City of San Bernardino Standards of Development. This commitment would increase the effectiveness of the consultation. Traffic/Circulation We indicated that adequate traffic analysis information was not provided and all referenced technical appendices were not included. We identified inconsistencies in the traffic data that needed to be clarified. Recommendations from May 2, 2003 Comment Letter . The City of San Bernardino strongly requests that the tribe complete a Traffic Impact Analysis, consistent with the San Bernardino County Congestion Management Program. . Modify the striping and the traffic signal on Highland Avenue at Victoria Avenue to permit dual eastbound left-turn lanes with a southbound right turn overlap signal modification. . On page 3: 1.0 Introduction / Site access, The report states that: "The projects are accessed via two main driveways on Lynwood Road (Drive). These driveways are expected to provide full access for patrons, employees, service traffic, and others." The Site Plan (Figure 2) shows one (I) four-lane driveway westerly of Victoria Avenue. Where is the other driveway? . Install a cul-de-sac on Piedmont Drive at the westerly boundary of the reservation property. . Identify traffic control measures that would allow eastbound through traffic on Lynwood Drive and right-in/left out only movements from the parking lot to Lynwood Drive. Summary Comments We received the traffic analysis on June 30, 2003, along with the Final Environmental Study. Both the traffic analysis and the FES failed to address the City's concerns. The City and the six surrounding cities have jointly developed a more refined and reliable traffic forecast model (East Valley Traffic Model). This model is used exclusively for the preparation of traffic studies, regional and sub-regional studies, and designs. A more accurate 3 and realistic traffic analysis wilJ be accomplished by redoing the study using the East ValJey Traffic Model and County Congestion Management Program criteria. For example, the intersection analyses have failed to identify specific adverse impacts and mitigation measure for specific intersection approaches. The eastbound left turn from Highland Avenue onto Victoria Avenue wilJ be severely impacted by the capacity of traffic volume, yet the report failed to identify this deficiency. Re-timing the signal is unacceptable and wilJ not mitigate impacts. Proper traffic engineering would have determined that, at a minimum, a second left turn lane would need to be added. The Tribe has stilJ failed to resolve the inconsistencies we identified in the first report; thus leaving us with an incomplete analysis of the traffic impacts on surrounding local neighborhood streets. Public Safety We previously advised you that there are three public schools in the area - Belvedere Elementary School, Barton Elementary School, and Serrano Middle School - and we felt that the safety of these children needed additional analysis. SpecificalJy, the City requested that the desirability ofa pedestrian bridge over Victoria Avenue at Lynwood Drive be analyzed. We also asked that the issues related to the casino patrons in adjacent neighborhoods be addressed. Recommendations from Mav 2, 2003 Comment Letter · A Traffic Impact Analysis must be prepared consistent with the Congestion Management Program, and should take into consideration the potential impacts to pedestrians. · Analyze the desirability ofa pedestrian bridge over Victoria Avenue at Lynwood Drive. · Increase San Manuel security both on-site and off-site to provide more visibility in the area. · Provide funding to the City of San Bernardino to pay the costs of at least one fulJ time (24-hour) police officer devoted exclusively to the surrounding neighborhoods. Summary Comments The main text of the FES fails to address the issues raised as potential public safety impacts (most of them are stated to be no significant impact) and fails to identify mitigation measures for these perceived impacts. In Section 3 (Cumulative Impacts), the Tribe offers "Good Faith Efforts" lieu of mitigation measures. The FES fails to analyze the desirability of a pedestrian foot bridge for off-site impacts, it only recognizes the need for two foot bridges on-reservation lands and states that although the project wilJ increase traffic in the area it wilJ not be a safety problem (as shown in the excerpt below): 4 "Such an increase would not present a significant danger to pedestrians utilizing the same circulation system, including school children in the area. Proper use by pedestrians of sidewalks, crosswalks, and pedestrian traffic signals would assure that hazards are minimized and that pedestrians remain safe while utilizing the off-Reservation circulation system."(Page 50, Section 2.5.2, Fina] Environmenta] Study). The City of San Bernardino strongly disagrees with the consultants' statement that the increase in traffic would not present a danger to pedestrians utilizing the circulation system. As we all know children are unpredictable and that there is absolutely no guarantee that they will "properly use" use the pedestrian portion of the circulation system. Likewise the document has provided no guarantee that casino patrons will not continue to impact the adjacent neighborhood. The FES fails to address the requested increase in on- reservation security personnel and/or the potentia] for their security to patrol the neighborhood. The recommendation that the Tribe provide at least one off-reservation police position is only addressed as a commitment from the Tribe to make a good faith effort to enter into an Memorandum of Understanding with the City of San Bernardino and discusses that according to the SB Sheriffs department any increase in demand can be met by Sheriffs. The FES ignores the fact that the Sheriffs Department does not patrol the area in question. Therefore, the City would be responsible for any increase in demand. Drainage/Flooding We previously requested that the tribe prepare a Storm Water Pollution Prevention Plan (SWPPP) consistent with National Pollution Discharge Elimination System requirements, and file a Notice of Intent with the Santa Ana Regional Water Quality Control Board. We also asked that the existing parking lot flooding situation be remedied. Recommendations from the Mav 2, 2003 Comment Letter . Prepare a Storm Water Pollution Prevention Plan (SWPPP) consistent with National Pollution Discharge Elimination System requirements, and file a Notice of Intent with the Santa Ana Regiona] Water Qua]ity Control Board. Summary Comments The Tribe agrees to do this to prepare a SWPPP to include both construction and operational impacts. We need to review the plans for the second catch basin that is being designed to avoid over-flooding the existing system to the south. 5 Air Quality We requested that the air quality analysis be revised, consistent with South Coast Air Quality Management District requirements, and appropriate AQMD mitigation measures be incorporated into the FES. Recommendations from Mav 2. 2003 Comment Letter · Revise the air quality analysis, consistent with South Coast Air Quality Management District requirements. · Incorporate standard air quality dust mitigation during construction including SCAQMD rules 402 and 403. . Address the potential impacts on a daily basis by reviewing the proposed projects through daily threshold requirements and assess any additional mitigation that is required to lessen the impacts. . Add a landscaping buffer (containing a variety of vegetation and large box trees - as mature as possible for maximum effectiveness upon planting) as a buffer between the project and the neighborhood as well as the traffic corridors for ingress and egress and the existing neighborhoods. . Reduce/restrict delivery times, with no late evening/early morning deliveries. · Replace all existing shuttles for remote parking facilities with low emission vehicles. · Install advanced filtration systems in the kitchen to eliminate food odors from reaching the adjacent residences. Summary Comments Implementing "standard control practices" is not acceptable. The specific mitigation measures need to be clearly outlined in the document. The FES fails to address delivery times for delivery vehicles to the site, and fails to address the potential to install a filtration system for the kitchen exhaust. It only addresses the potential for switching to no-emission shuttles sometime in the future. We concur with adding more on-site and off-site landscaping, and ask that the Tribe submit the plans to the City for review before any construction activities commence. Noise We commented previously that the "downplayed" potential noise impacts to the community and failed to address impacts to residents in the adjacent neighborhoods. Recommendations from Mav 2. 2003 Comment Letter . Revise the acoustical analysis to address all potential noise sources, including stationary and mobile sources. Make sure the analysis is weighted accordingly for late evening/early morning hours. 6 . We believe that the acoustical analysis will demonstrate the need for a soundwall to be constructed along Victoria Avenue and Lynwood Drive. . Additional sound walls may be needed based on the ultimate placement of the parking structure. . Limit the hours of construction to between 7:00 AM - 7:00 PM Monday through Friday. Summary Comments We strongly feel that a fair-share contribution to re-paving one street segment is not adequate to mitigate all of the potential noise impacts. The two new mitigation measures related to properly functioning mufflers and noise attenuation devices on construction equipment and temporary noise attenuation barriers implemented during construction, are important, but they also fail to adequately address or mitigate all of the noise impacts. Cumulative Impacts We previously indicated that the environmental study did not include any mitigation for cumulative impacts, and were extremely disappointed that the FES did not address either. It appears that this section became the catch all for the potential impacts addressed by the Mayor and City Attorney in their letter dated May 2, 2003. The insertion of "good faith efforts" in lieu of true mitigation measures is not acceptable to the City of San Bernardino. Instead of negotiating with the City at a later date, we insist that all adverse environmental impacts be addressed, and resolved, before any construction activities commence. 7 o o 1 2 RESOLUt~ff 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: 8 SECTION I. 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 12 13 14 15 16 17 11/ the Public Works Improvements to be undertaken by the City of San Bernardino as set forth in Exhibit I related to tribal Project impacts. SECTION 2. This resolution is rescinded if the parties to the Agreement fail to execute it within sixty (60) days of passage of the resolution. 18 11/ 19 20 21 22 23 24 25 0 26 27 28 - 1 - o o o I RESOLUTION...AUTHORIZING THE MAYOR TO EXECUTE AN 2 AGREEMENT WITH THE SAN MANUEL BAND OF MISSION INDIANS RELATING 3 TO PUBLIC IMPROVEMENT PROJECTS RELATED TO TRIBAL PROJECT IMPACTS. 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a 6 meeting thereof, held 7 on the day of , 2004, by the following vote, to wit: 8 Council Members: 9 ESTRADA 10 LONGVILLE 11 MC GINNIS AYES NAYS ABST ArN ABSENT 12 13 KELLEY 14 15 16 17 DERRY JOHNSON MC CAMMACK 18 19 20 21 22 City Clerk The foregoing resolution is hereby approved this day of ,2004. Judith Valles, Mayor City of San Bernardino 23 Approved as to form and legal content: 24 JAMES F. PENMAN, 25 City Attorney 26 27 28 By:~ t~ ~i ~ III ~ '? 'lL (ti.:t... 9J( ~ 7~' - 2 - c) o o EXHIBIT 1 AGREEMENT This Agreement ("Agreement") is entered into as of this day of September, 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 o 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: o 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: o a. Reconfigure Victoria Avenue from Highland Avenue to Lynwood Avenue so that there are two lanes in each direction. for a total off our 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; f. 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: r. FAJPENO'IJl'Aft A'IW",~,,'-SmrM""ueJ_ ~ 140./wpJ...pJ o o c 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 shall provide a financial contribution to the City of San Bernardino 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. 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 San Manuel Band of Mission Indians 26569 Community Center Drive Highland, California 92346 (909) 864-8933 Mayor City of San Bernardino 300 North "0" Street, Sixth Floor San Bernardino, California 924 I 8 (909) 384-5133 F:'HMP/:.'NO\JJNjl.4gTlft",,,,,,-.'WHIMa,,,,d.1I1-1flh'pJ.>4'pJ o o o 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 ofthe day and year first written above. SAN MANUEL BAND OF MISSION INDIANS A Federally Recognized Indian Tribe CITY OF SAN BERNARDINO A Political Subdivision of the State of California By: By: DERON MARQUEZ Tribal Chairman JUDITH V ALLES Mayor APPROVED AS TO FORM AND LEGAL CONTENT. ;James F. Penman, City Attorney 6y: Oed:... t, ~ c:1-......;t. 6~ 0::1.J:; F:'FMPENO'.J)rr1f' AI(f<<tMlfl-SofIMfl/fwd. 9l<1tMtpJ_wpd o c o ",.~ t'~''''' Tribal Governmental Center '. , Q" ~ flfj " ~<< -.~' -,-,~-,--. "'~ 1't~~~~.'7 ~_~,,_ _: , I. . ' ." IN't" I 1,- " I., '-to; _ '. I,t ,'''j.n;:".: -" "~~4T~:.,... ,,; , .. ' .~ '=t; -11,--;,"1<1 "",. . 1 I" ~: I I - tl'C' ;; '..:J~!t!~ \11:11 :::11 I " ,I..".jl' , '_ .:.~ -=1" c ~ ., ~ " ... ~ '~"'6>-: _ _.:- '1-'.. ~ " ".... . ; q "':- ~ '/~'. .i NEWCASlNOCOMPI.E..ot I . JIt.. .. .,.....__. .n...::..._............... - I', t! . OYE~. -:-.l:.~....... ~ r,' '-----'"---l1..ft I J.. ! , ,~'! I! ',.Ii) ~'-..;.- .....,...__.. "\'i> -. ~ 1 ';, " I. '. ' -.. -=-- -""'.. MJ.... " '~~~r.,?WQl ~ \fLru~:9;L.. '.,..~L'..,,: ...~.. 'f'.. - i'__. .' . ___.0- 1 " ~ . -I . :i" ~ *_' i~l--' : -,.~ :.:~-; :. ~~ .... : . ' ,I 1:\__., r, . I.'" '-4 .~ *' *~ ~j_:C:~~' i!f ~,,"":;~' tt " ,-' (~ '0,1' '!Wii,." _;1 ". f: ll!,It', . I - 1!..Ift!...;....A _ 1\ - ',,: "L- ":i!f'l!H"",.. ''';'It ,,', .' J. .11:: I I' : \' ., ')0 "i "'"IIII.IIH~ "" " ' , ,,4i'rr<I'l. Jo,. " " .;.' '1.- 'iilllll.~~. I ~ . ,. , f ....1'. ... ,'" ''L _ '.- :~t~HillllH"'~~ ~''1 - . F .., "'H :L ........ ~I~EI:;.,h "". ~, . =L~l,;:.!;~i Cd' "~ 'i (:b_~ "'H. 'I L~. "": -;-'C" \ \, ,'!:;: . -" rg \ .... -'1 . ' '" '--::-:-j ,".' , ' , --,-- -..-.-....... ~ -::i::.:c-- u I' ,- -", , , . !..-.--. P....All.ING SfAUCfUFlE , , -,..-. '~\J'< \(:~C .\"j ". .~ \tl' , -,: Tribal Governmental Center Multi-Purpose Tribal Warehouse P'777; Not a Part VLLL1 SOURCE: JaUali Architectural Group ~? 300' I 'n . Oll-Reservatlo Casmo tive Relocation Alterlla csf~flIre /q 150' oposed \'it:toria Beaufifiutlon & Mitigations Front HiahlalMlA."enue To L)'Dwood ""enue [J,illla.edC.lh December 1.~003 r"l'"..."~.("RS(",,, ""_ EXHIBIT "B" Delrriplio. De-.lidoaA H..OfI' - AtC-rOrMeiiaft-611li:xTfLynwoodto __-0._.__ - North 'llofpu' Lot Subtotal. Demolilion a: HaulOft' __ __._._.._.__. _._.~___ ___ ____._~.--__n_ UtilifWI --MOdIfySlom,-DrIitIS"tNcwre@CillMtia:r--- UnderStr~PipinJ:andCOllMCtionl@2I1h: S"'" R;'~ 24" RcPi~- .refl-run.;;;, ~- -:---- Victoria NOl'Ih ofDatt Slreet '0 exiltinI4'" i CSP on WestofVictllfil IhIt win be be i diltUJbc4 Repbtc IS" RCPSouth ofo.te sum RunninaKron Vietoril Between Ellistin.. CuthBiUins_ Pcmibh:)O"pipeCOl\MCUlII llleWtSlernutcllbuinlolllet\oodc"-mel will IlOl be di....rbed Alsumeother-Cxipin!lllfG-~tilitirsftci di....rbcd ~OIa1-UI;!!ties;__ Sllblotal-DenaolitaoAU.iities Road'Caa,trurjj;n --AQ~'~!..~~I_~i' ______ O"=~~ILOlI.~_!tw.l.!!t_l!~I_~~y. New Cl!~~r ~~s_ __ _______n___ _._---'. ~b_'!'!al- ~-A~~t.. AD.'" Ramp added by _ -VittorialHiililind; Intersectl~nSthr:mr Dernolilioll_. _H.iI.~!_~!i~! A~!r Nr... C~ncretr~m~ S~bl~t~I.,\D;\ ~s Tr~ffiti.lllhls.@_Lynwood Lvnwl,lOd T~ffll: Remitlionsl~uumes SJ!I'~r. t_Il!.~ ~l~~ _.______.._.. ___ No rllhllUm Vitlori. .~~L~'lI_wOOll No left tll~nLin~~~~~'y!~()~~_ Rr!illrfKrVittOfla Cold_ Plane Slim SllrfKe Resurfau Same Rt;tripe.------ SllbtotalRrsurl"Kill Sub{OUII. Roa~CollSlfUttion Mediln Coaltrllrl. Lyn...... 10 Nonh M....i.llrr....in.IAI.IZ'..jd.,loM....d., 2' w~ ~i':.d_~_~o~!I~.~ __ Curb & Gunrr. 3 mi mrdilJl wl3 pus Ih_I~~~ JlOI600'SF ----;-- , u~_l~t~~e_ .. 1_OQ.~A1!~ancr I. 9Cl'.0I~~_~!'t_~ , - 1200 TiA "ifOO~f:..1 -- -.--.-t-- 100TEA-- _I_-~~E~-- roo lOO_:~~ 100 :LS i-~~~ ~3.J~93} ;_5'( 2J.l4933 !SY 71~12Q:o.c?:+~;;1:( !- ~c~5~~) f!::~ ! _~ 104 00 TY _~0l!8~l~f__ I Trrnp perlO'! 1900!EA OlbrrPlan{ins_ 19,0I:i'-00:-s,," Elrciriul 3 ~ X ~~ _-_~~_ ~~'.-L~--!?",Qoi~ lS!~----= Irri alion 3miX 12' ; 1900100 Sf SllblOlal-MetlianConstrudion! -- -_.__._.oo------..~-..-- "'___,-- , TlIpso~1 Fill /1'10~_1TI.! SoilP~p Subc.... Road It Media. COlII'l1ldUMl TO'II ModWM:atioOJ 'talA Hilblnd co Lyll"aod o ElltllStoll ~------I- ---------.t. 1090 S3421440, ___ S~J~.~~_ ~-----+-- S25~!~c!'O ____g~5~QQ_l_ 51l,Z5Q5l<) __ ~!.,~5000 _sg.s(!Ooo S!2,_5~_~..~ So 00 , 14?,?SO~i -t------ oot=~- S5OO00' 'SI~5~-c!_:_ ~_J._~ S50000 ~CfQ9no: 51~O.OOO 00 . :s~-ij;~oo ~p.50000 5205 . ___ ~~54. .5J05J: ,- .S!~ 00 i _5:300 ~~~~..... - -, ....00 _ ~1-50'; S2S0; Sl7SL ! 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U1401 [UhIUoM Alld Ouaaifkalioel: No Property Acq.ilidon; thoulh raand$ hIVc bra. providftl ror Ihis purposc IlIdlor odlu publk improvements, the CliCCUtion or which "IY or m.y ..t _pact tIte i...prcwUUlltl to .he iDlenccrion or Hilblud &: Victoria as detllW benin. \'ktoria Street LJahlittt WiD Remaill AI - 11 ~o Modilklrin Of Sto.... Dram SYltftn Lacaled O. Wes. Sidc ofVktori., North or Hirhllnd Ind Soulb or :z8lh Street E". side.r Vk.oria under parkinrlol ~o ModirlCllMn orSlamt Dram SysteM Located On Thc Eut Side or Victoria Under Parkinllo' :\'0 !\Iodineali... ou" tall VIIky Waler DiI.ricl Sewcr Line In VklOri, No e.. Stillion Stol1lle T.nk Work o o Pagelo(l - , . Entororl into Reconht 10/ H /." i. ,novems Mtg: ~~ In\.r,~~ 11%J PAUL F. MORDY 5696 Blythe Ave. Highland, CA 9234&-162Q, (989) 862-8480 .da Itelli - re I.\v October 4, 2004 ~J..d ).,. .~ City Clerll/CDC Secy City of San Bernardino Mayor Judith Valles City of San Bernardino 300 N. D Street, Sixth Floor San Bernardino, CA 92418 Re: Item 42 on tOOay's Council agend&-Agreement between City of San Bernardino and San Manuel Band of Serrano Mission Indians Dear Mayor Valles and Members of the Common Council: I write to urge you to put off any action on item 42 on teday's agenda until the city conducts appropriate environmental review under the California Environmental Quality Act of 1970 (CEQA). I request that the receipt of this letter be acknowledged on the record, and that this letter made a part of the record on item 42. Item 42 authorizes the execution of an agreement with the San Manuel tribe, whereby the tribe agrees to pay the cost of certain public improvemants which the city agrees to construct. The tribe's obligation is capped at $5.5 million. The improvements to be constructed are described in section 2 of the agreement and in Exhibit B. There is considerable specificity about what is to be accomplished. Victoria Avenue, between HIghland Avenue and the San Manuel Reservation, is to be "reconfigured" as a four lane divided street with a center median. Adjustments are to be made on the east side of Victoria Avenue to accomplish this. The intersection of Lynwood Avenue and Victoria Avenue is to be signalized, and the signals are to restrict traffic so that southbound traffic on Victoria may not make a right turn onto Lynwood, and eastbound traffic on Lynwood may not make a left turn onto Victoria. Highland 'Avenue is to be widened and a two lane left turn pocket is to be constructed on Highland Avenue at its intersection with Victoria Avenue. The agreement literally says that a "no left turn" sign is to be installed on Lynwood heading west, at Sand Creek Road, but that is surely not what is intended, because Sand Creek Road does not extend south of Lynwood, and it is physically impossible for westbound Lynwood traffic to make a left turn onto Sand Creek Road. Sound walls are to be constructed or reconstructed at various locations. An unspecified "public works improvement" is to be constructed "in the vicinity of the project," with a 2003 estimated cost of $925,036.76. The City is to have the authority to rebudget "project savings" to other projects in the vicinity. ..... This project will intensify, concentrate and speed traffic on Victoria Avenue. It will bring Victoria Avenue traffic closer to residents on the east side of Victoria. Its primary purpose appears to be to speed traffic into the Casino. It may also provide some benefits to residents of some areas. But at a bare minimum, it seems clear that the project will significantly adversely affect residents in the areas near Victoria Avenue, in terms of traffic, noise pollution and air pollution. It may result in traffic circulation effects and other adverse eff$cts as well. CEQA requires that the adverse environmental effects be fully analyzed before a policy decision ("a discretionary act") is made. This project does not appear to fit under any recognized exemption or exception to CEQA's requirement for environmental review. CeQA does not permit engaging in a "balancing" of benefits and adverse eff$cts without first doing a proper analysis of the adverse effects. I request that no action be taken on this project until it is property analyzed under CEQA and the appropriate procedures are foltowed to comply with CEQA. ;;;r7~ ~ Paul F. r.kra?t'-C/ ~ cc: City Clerk, City Attomey, Council Members 2 CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: October 18,2004 TO: Peggi Hazlett, Assistant to the Mayor FROM: Michelle Taylor, Senior Secretary RE: Resolution 2004-322 - San Manuel Band of Mission Indians CC: Veronica Martinez, Senior Secretary Attached is a fully executed copy of the agreement with the San Manuel Band of Mission Indians relating to public improvement projects related to tribal project impacts. The original agreement is on file in the City Clerk's Office. If you have any questions, please call me at ext. 3206. CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: October 8, 2004 TO: Peggi Hazlett, Assistant to the Mayor FROM: Michelle Taylor, Senior Secretary RE: Transmitting Documents for Signature - Resolution 2004-322 At the Mayor and Common Council meeting of October 4, 2004, the City of San Bernardino adopted Resolution 2004-322 - 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. Attached is one (1) original agreement. Please obtain signatures in the appropriate location and return the original agreement to the City Clerk's Office as soon as possible, to my attention. Please be advised that the resolution and agreement will be null and void if not executed within 60 days, or by December 3, 2004. If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you. Michelle Taylor Senior Secretary I hereby acknowledge receipt of the above mentioned documents. Signed: Date: Please sign and return . OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C.. CITY CLERK 300 North "0" Street. San Bernardino. CA92418-0001 909.384,5002' Fax: 909.384.5158 www.ci.san-bernardino.ca.us " October 19,2004 Deron Marquez, Chairman San Manuel Band of Mission Indians 26569 Community Center Drive Highland, CA 92346 Dear Mr. Marquez, Enclosed please find one fully executed copy of the agreement between the San Manuel Band of Mission Indians and the City of San Bernardino relating to public improvements projects related to tribal project impacts. If you have any questions, please do not hesitate to call me at (909)384-5002. Sincerely, J.# j?( I(j~tt~ v-r~ Michelle Taylor Senior Secretary Enclosure CITY OF SAN BERNARDINO ADOPTED SHARED VALVES: Inte~rity . Accountability' Respect for Human Di~nity . Honesty .' . . ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): ~(j~L\ Item # Yz- Resolution # Vote: Ayes t- ro Nays -C-r Abstain '1 Change to motion to amend original documents 0 Companion Resolutions L.('G4- 322.. Absent ..e-- Null/V oid After: f..:,a days 1 Resolution # On Attachments: 0 \c-3~i- Note on Resolution of attachment stored separately: 0 PUBLISH 0 POST 0 RECORD W/COUNTY 0 By: Date Sent to Mayor: Date of Mayor's Signature: la~b-()~ \~- l-<J{~ \C'I~CJ.q , Reso. Log Updated: ..g- Seal Impressed: -e- Date of Clerk/CDC Signature: Date Memo/Letter Sent for Signature: 1'1 Reminder Letter Sent: Ie') ~1s'-c::,'1 Date Returned: MYI k-o,! Not Returned: 0 2nd Reminder Letter Sent: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): YesL No Yes No/ Yes NoL Yes NoY Yes No/ Copies Distributed to: Animal Control 0 EDA 0 Information Services 0 City Administrator 0 Facilities 0 Parks & Recreation 0 City Attorney ~ Finance 0" Police Department 0 Code Compliance 0 Fire Department 0 Public Services 0 Development Services 0 Human Resources 0 Water Department 0 Others: /11 '1 OrL.- -3 Notes: Ready to File:_ Date: Revised 12/18/03