HomeMy WebLinkAbout13-Development Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK,
Director
C;'
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I
Subject: Resolution ofIntention: Proposed vacation
of portions of Piedmont Drive, north of Marshall
Boulevard, Marshall Boulevard, between Blythe
Street and Victoria Avenue, and Victoria Avenue,
north of Piedmont Drive.
-
Dept: Development Services
Date: February 3, 2003
File No. 15.30-354
SynoRsis of Previous Council Action: MCC Date: 02-18-2003
08-21-00 - Authorization to proceed with the proposed vacation of portions of Piedmont Drive, north
of Marshall Boulevard, and Marshall Boulevard between Piedmont Drive and Victoria
Avenue and approval of Plan No. 10122 was given.
04-01-02 - Continued to 04-15-02 MCC meeting.
04-15-02 - Continued to 05-06-02 MCC meeting.
05-06-02 - Continued to 05-20-02 MCC meeting.
05-20-02 - Amendment to the authorization to proceed was given and Plan No. 10 122A was approved.
Recommended Motion:
Adopt resolution.
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Contact person: Eileen Gomez Phone: 5328
Staff Report/Maps/Reso 4
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount: $1,000.00 (Processing fee paid by applicant)
Source: (Acct. No.) 001-000-4780
(Acct. Description) Street Vacation Fees
Finance:
Council Notes:
I2b~):l:t ZOO ~~ -4 "
Agenda Item No.
I:!J
J/lt/03
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution ofIntention: Proposed vacation of portions of Piedmont Drive, north of Marshall
Boulevard, Marshall Boulevard, between Blythe Street and Victoria Avenue, and Victoria
Avenue, north of Piedmont Drive.
BACKGROUND:
On June 28, 2000, this office received a petition to vacate portions of Piedmont Drive, north of
Marshall Boulevard. The petition was received from the San Manuel Band of Mission Indians to
construct a four-building tribal complex.
On August 21, 2000, staff was authorized to proceed with the proposed vacation and Plan No.
10122 was approved. City departments, utility companies and abutting property owners were
mailed notification of the proposal, and were given the opportunity to submit comments on any
conflicts or to reserve easements.
On March 5, 2002, the San Manuel Band of Mission Indians submitted an amendment to the
original request to include portions of Marshall Boulevard from Victoria A venue west to Blythe
Street, to provide for a landscape buffer area between the parking lot and the homes to the south
of that area. According to information abstracted from title reports provided by San Manuel,
property owners on the north side of Marshall Boulevard in the proposed vacated area will
acquire ownership to the centerline of the street. The respective property owners on the south
side will acquire ownership north of their property to the centerline of Marshall Boulevard. San
Manuel owns all the affected parcels on the north side of Marshall Boulevard and one of the
parcels on the south side. Currently, San Manuel is negotiating with the remaining property
owners to purchase the three lots on the south side that are still privately owned, in order to avoid
any conflict with their plans for development in that area.
The City recently conducted a new traffic and noise study for the expansion of the project and
mitigation measures identified by the studies will be incorporated into the projects. The City has
coordinated with San Manuel Band of Mission Indians to compile a list of conditions for
approval to mitigate the impacts associated with the proposed development. The Conditions for
Approval are included in the attached Resolution ofIntention as Exhibit "2", and are set to be
completed as specified, the majority of which shall be completed prior to the recordation of the
final Resolution Ordering Vacation which will be submitted at a later date. The project being
proposed includes a I ,300-space parking lot on the site. The expansion of the parking lot will
increase the hours of operation beyond the original proposal, with an increase in traffic and
nOise.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report (cont.)
San Manuel has also submitted a Hydrology and Hydraulics Report including detention of on-
site flows relative to the expansion project, which is on file in the office of the City
Engineer/Deputy Director. The studies were prepared by Berryman & Henigar, and have been
reviewed and approved by Public Works staff. The final design for the detention basin must be
submitted to the City Engineer/Deputy Director for review and approval prior to the recordation
of the Resolution Ordering Vacation, as referenced in the Conditions for Approval attached to
the Resolution ofIntention as Exhibit "2". In addition, the City-wide storm drain impact fees
specified in the Conditions for Approval shall be received by the City prior to the recordation of
the Resolution Ordering Vacation.
Currently, a Mitigated Negative Declaration, Mitigation Monitoring/Reporting Program and
General Plan Amendment No. 00-02 have been completed and will also be submitted for
approval at the Mayor and Common Council meeting of February 18,2003. The attached
Resolution ofIntention sets a public hearing for March 17,2003. Upon approval, the Resolution
will be published in The San Bernardino County Sun, the streets will be posted and adjacent and
affected property owners will be given notification of the public hearing. At the public hearing,
a Resolution Ordering Vacation will be submitted for your action.
FINANCIAL IMPACT:
None. The petitioner has paid the $1,000 processing fee.
RECOMMENDATION:
Adopt resolution.
LOCA TION OF
PROPOSED
VACATION
No Scale
Highland Ave.
5th Sl.
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VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Proposed vacation of a portion of
Piedmont Drive North of marshall
Boulevard; Portion of marshall Boulevard
East of Blythe Street; and a Portion of'
Victoria Avenue, North of Peidmont Drive.
~ indicates un-incorporated areas
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Created by: l4rJu.o R(;A.{.
Date: .3 ~ '2",2-
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City Limits
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Portion of Piedmont Drive
dedicated per Document
No. 82.019692 O.R
Not to Scale
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dedicated on Parcel Map
No. 4879 (P.M. 53/69-70)
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CITY OF SAN BERNARDINO
PUBLIC WORKS DIVISION
REAL PROPERTY SECTION
Approved: , I. f
Areas of vacation shown thus: ~
PROPOSED V ACA TION OF A PORTION OF
PIEDMONT DRIVE, NORTH OF MARSHALL
BOULEVARD; PORTION OF MARSHALL
BOULEVARD, EAST OF BLYTHE STREET; AND
PORTION OF VICTORIA AVENUE, NORTH OF
PIEDMONT DRIVE.
PLAN NO. 10122A
Sheet 1 of 1
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SAN MANUEL
BAND OF MISSION
INDIAN
26524 INDIAN SERVICE RD.
IDGHLAND, CA 92349
.
.JALLALI
ARCHITECTURAL GROUP
4J COIlf'ORATE PARK, SUITE IO!
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(949) 75 Z - 9:5:5:5
JULY 24. 2 0 0 2
REV. DEe .10, 2002
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PROPOSED BUFFER ZONE
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SITE PLAN
o 50' 100' 200
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SAN BERNARDINO, CALIFORNIA
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CHRONOLOGY OF CORRESPONDENCE
FOR VACATION OF PORTIONS OF PIEDMONT DRIVE, NORTH OF MARSHALL
BOULEVARD, BETWEEN BLYTHE STREET AND VICTORIA AVENUE, AND
VICTORIA A VENUE, NORTH OF PIEDMONT DRIVE
06/22/00
07111/00
08/08/00
08/14/00
08/21/00
08/29/00
09/12/00
10/05/00
10/06/00
12/06/00
Application and first half of fees paid for vacation of Piedmont Drive as
delineated in attached Parcel Map No. 4879 was submitted by Jerry Paresa, San
Manuel Band of Mission Indians.
Legal description and Plan No. 10122 prepared and reviewed.
Request for council action prepared for 08/21/00 Council meeting.
Received letter from Jerry Paresa, Executive Director of Governmental
Operations for San Manuel Band of Mission Indians requesting an amendment to
the application submitted for the vacation of Piedmont Street to include the
vacation of that portion of Marshall Boulevard from the point that it currently
terminates easterly to a point it intersects Victoria A venue. A copy of Parcel
Map No. 4879 was attached with the Marshall Boulevard proposed vacation
identified.
Mayor and Common Council approved Authorization to proceed for vacation of
portions of Piedmont Drive, north of Marshall Boulevard, and Marshall
Boulevard between Piedmont Drive and Victoria Avenue and Plan No. 10122.
Notices sent to City departtnents, property owners, and utilities. Responses
were to be received by 09/29/00 to reserve easements or to note any conflicts.
Request for information regarding vacation faxed to Manuel Ruiz, San Manuel,
by Real Property staff.
Request for additional information regarding vacation faxed to Manuel Ruiz,
San Manuel, by Real Property staff.
Received letter from Jerry Paresa, San Manuel, requesting an amendment to the
application for the vacation of Piedmont Street to include the vacation of that
portion of Victoria Avenue from just above Lynwood Street north to the
boundary of the San Manuel Indian reservation. A topographical map was
attached to identify that portion of Victoria A venue proposed for the vacation.
Received letter from Jerry Paresa, San Manuel, requesting an amendment to the
application submitted for the vacation of Piedmont Street to extend from that
point where Marshall Boulevard. currently terminates westerly to Rockford
Avenue.
d.-/ 1'6/0~
. l3
Real Property Section
1
01/01-6/01 Several meetings with San Manuel Band of Mission Indians representatives,
representatives from Public Works Division, and Planning Division regarding
General Plan Amendment for proposed vacation and amendments to the
vacation. San Manuel submitted revisions to their original proposed
development to include a 13 ,000 space parking structure in relation to the
expansion of the casino and Tribal offices. New requirements and studies were
required to be prepared and submitted by San Manuel in order to continue with
the General Plan Amendment.
06/01/01 Received letter from Jerry Paresa, San Manuel, regarding the pending
applications submitted by San Manuel for the General Plan Amendment and
zone change and the application for the vacation of a portion of Piedmont Drive,
north of Marshall Boulevard, Marshall Boulevard between Piedmont Drive and
Victoria A venue and Victoria A venue north of Lynwood A venue.
09/05/01 Received letter from Jerry Paresa, San Manuel, regarding the pending
application submitted by San Manuel to vacate Victoria Avenue from Lynwood
A venue north to the boundary of the Reservation. The City requested that
Victoria A venue be vacated from the northern right-of-way boundary of
Piedmont Avenue, north to the boundary of the Reservation. San Manuel
expressed that they would not object to an amendment being included in the
application.
09/11/01 Corrected legal description prepared for the vacation of a portion of Piedmont
Drive, East of Tract No. 6513 and north of Marshall Boulevard, and a portion
of Marshall Boulevard, between Rockford Avenue and Victoria Avenue, and a
portion of Victoria A venue lying northerly of Piedmont Drive to include.
09/28/01 Prepared Request for Council Action for Mayor and Common Council meeting
of 10/15/01.
10/05/01 Per City Administrator, item pulled until further notice.
11/09/01 Letter from James Funk, Director, Development Services, was sent to Gil
Oviedo, San Manuel, stating comments and concerns regarding the Initial Study
for a 1,300 space parking lot. The draft for the Initial Study for General Plan
Amendment No. 00-02, dated August 23, 2001 and revised September 7, 2001,
was also submitted. (Please note that unlike other street vacations completed in
recent years, this vacation required an amendment to the circulation element of
the General Plan.
12/11/01 Received letter from Gil Oviedo, Director of Project Development, San Manuel
Band of Mission Indians, in response to a letter from Mr. James Funk dated
Real Property Section
2
02/13/03
12/00/0 I
02/20/02
03/04/02
03/06/02
04/01102
04/09/02
11109/01 regarding the environmental summary on the temporary parking lot
project.
Received a copy of a letter from Vince Duro, Vice Chairman, San Manuel Band
of Mission Indians, addressed to Valerie Ross, Principal Planner and Joe
Bellandi, Senior Planner, regarding requested mitigation measures for the San
Manuel Band of Serrano Mission Indians General Plan Amendment No: 00-02.
The Planning Commission staff continued the DRC hearing on the application
due to the San Manuel's withdrawal of that portion of the application seeking a
change in the General Plan designation from RS, Residential Suburban to PF,
Public Facilities. San Manuel requested that the portion of the application
relating to the street vacation remain on the agenda, even though the matter
would be continued. The City Planner agreed to reissue an Initial Study to
address only the street vacation aspect of that application and that the matter be
continued to allow time for the re-issuance of the Initial Study. San Manuel also
expressed agreement with all mitigation measures relative to the street vacations,
specifically those mitigation measures outlined in Paragraph V of the
Transportation/Circulation section of the Initial Study dated September 7, 200 I.
Meeting with representatives from San Manuel, Public Works Division, and
Planning regarding proposed vacation.
Received letter to Mr. James Funk, Director, from Gil Oviedo, San Manuel, in
response to a request for documents at. our meeting of February 20, 2002.
Submitted with the letter were the following items: an Amended Application
Form; Exhibit A - Legal Description of Marshall; 500 foot radius maps with
sets of address labels; ownership certification form; ownership list back,
preliminary title reports; and drawings of proposed turn around at Marshall and
Victoria A venue.
Received letter from Gil Oviedo, San Manuel, requesting an amendment to the
application submitted to include the vacation of that portion of Marshall
Boulevard from Rockford Avenue to Victoria Avenue and Victoria Avenue
north of Piedmont Drive.
Amendment of Authorization to Proceed with proposed vacation of portions of
Piedmont Drive, north of Marshall Boulevard, Marshall Boulevard, between
Blythe Street and Victoria Avenue, and Victoria Avenue, north of Piedmont
Drive and plan approval was continued to Mayor and Common Council meeting
of 05/06/02.
Received copy of letter to Mr. Fred Wilson, City Administrator, from Gil
Oviedo, San Manuel, regarding the emergency access gate near the intersection
of Marshall Boulevard and Rockford Avenue, the bridge across the flood control
Real Property Section
3
02113/03
04/25/02
04/29/02
04/29/02
04/30/02
05/01/02
channel, and an access road parallel with the flood control channel from
Lynwood Avenue to the parking lot.
Meeting with representatives from San Manuel and City staff regarding
proposed vacation.
Received recorded information regarding amended vacation from First
American Title Company.
Received Updated preliminary title reports from San Manuel for Marshall
Avenue.
Memo sent to James Funk, Director, regarding proposed vacation.
Letter sent to Gil Oviedo, San Manuel, regarding issues that were discussed at a
meeting between City staff and representatives of San Manuel.
06/02-08/02 Coordination of Conditions for Approval of proposed vacation with San Manuel .
and City.
07/24/02
08/21/02
09/12/02
09/16/02
10/24/02
10/24/02
Received site plan by Jallali Architectural Group for the area between the
existing wall on the south side of Marshall Boulevard and the proposed new wall
abutting the centerline of the proposed street to be vacated.
First draft of Conditions for Approval of proposed vacation submitted for
review.
Received signed plans from San Manuel for the proposed wall at lower San
Creek Road and proposed turn around at Marshall Avenue.
Received copy of memo from James Funk, Director, to Councilman Neil Derry
regarding a meeting with residents near the project area to discuss permit
parking.
Director response to Tribe's latest request to make some changes to the draft
Conditions for Approval to reflect the Tribe's new strategy for acquisition of
underlying fee in Marshall Avenue. Section 9(d), Buffer Walls, needed to be
amended to reflect the Tribe's desire to move the existing wall, remove the
asphalt, curb, gutter and sidewalk and raise the grade level with earthwork.
Based on the Tribe's latest vacation strategy and (yet to be prepared and
reviewed) latest plan, the Director assigned the General Plan Amendment and
EIR review to an outside consultant in order to expedite the process.
Real Property Section
4
02/13/03
10/24/02
11/4/02
11/20/02
12/02/02
12/5/02
12/12/02
01/29/03
02/03/03
02/18/03
02/18/03
In response to concerns of 4 residential property owners, the Director offered
.some trade-offs to the Tribe regarding improvements that would better
accommodate the residential owners and keep the project moving.
The Director reports to Councilman Neil Derry that the General Plan
Amendment had to move forward (with or without the latest/perfected final
Tribe documents) to hold to the following schedule:
11/25/02 Finish Initial Study
12/05/02 First D/ERC
01/09/03 Second D/ERC (assumes 20 day local) and move to
Planning Commission
Finish Staff Report
To Mayor and Common Council
01/20/03
02/18/03
Letter to Gil Oviedo, San Manuel from City discussing revisions to Conditions
for Approval and site plan dated July 24,2002 by Jallali Architectural Group.
Letter to Gil Oviedo, San Manuel, regarding the latest revision to the Conditions
for Approval for the proposed vacation.
Development Review Committee hearing for Development Permit II No. 00-02
for proposed mitigated negative declaration for San Manuel Band of Mission
Indians, continued from October 26, 2000, August 23, 2001, September 2,
2001, September 20, 2001, September 27, 2001, and October 4, 2001, to be
continued to January 9,2003.
Received letter from Gil Oviedo, San Manuel, in response to a letter from
James Funk, Director, including revised plans prepared by Jallali Architectural
Group revised on 12/10/02.
Received revised legal description and maps for vacated area from Tribe.
Revision to Conditions for Approval of vacation were made based on latest
information and plan from the Tribe.
Staff report submitted for Mayor and Common Council meeting - Resolution of
Intention for proposed vacation of portions of Piedmont Drive, north of
Marshall Boulevard, Marshall Boulevard, between Blythe Street and Victoria
A venue, and Victoria A venue, north of Piedmont Drive.
Staff report submitted for Mayor and Common Council meeting - General Plan
Amendment No. 00-02 to delete portions of Piedmont Drive, Marshall
Boulevard and Victoria Avenue from the General Plan Circulation Element.
Real Property Section
5
02/13/03
e
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1
2 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS
3 INTENTION TO ORDER THE VACATION OF PORTIONS OF PIEDMONT DRIVE,
NORTH OF MARSHALL BOULEVARD, MARSHALL BOULEVARD, BETWEEN
4 BLYTHE STREET AND VICTORIA A VENUE, AND VICTORIA A VENUE, NORTH OF
PIEDMONT DRIVE.
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RESOLUTION NO.
BE IT RESOLVED BY THEMA YOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
8
SECTION 1. That the Mayor and Common Council of the City of San Bernardino
9 hereby declares its intention to order the vacation of portions of Piedmont Drive, north of
10 Marshall Boulevard, Marshall Boulevard, between Blythe Street and Victoria Avenue, and
11 Victoria Avenue, north of Piedmont Drive, described in Exhibit "I", attached and incorporated
12
herein. The Conditions for Approval, attached and incorporated herein as Exhibit "2", have been
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negotiated between the City and the applicant, the San Manuel Band of Mission Indians, and will
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be incorporated in the final Resolution Ordering Vacation.
SECTION 2. That the Mayor and Common Council of the City of San Bernardino, in
vacating the above described portions of said streets, elects to proceed under and in accordance
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with the provisions of the "Public Streets, Highways, and Service Easements Vacation Law",
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being Division 9, Part 3, of the Streets and Highways Code of the State of California.
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SECTION 3. That the hour of 4:00 p.m., on Monday, March 17, 2003, in the Council
Chambers of City Hall, 300 North "0" Street, San Bernardino, California, is fixed as the time
and place when and where all persons interested in or objecting to the proposed vacation may
appear before the said Mayor and Common Council and offer evidence in relation thereto. For
25
further particulars as to the proposed vacation, reference is made to that map marked "Plan No.
26
27 10122A", approved on May 20, 2002, a copy of which is attached and incorporated herein as
28 Exhibit "3".
02/12/03
"'\ 7
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RESOLUTION OF INTENTION - V ACA T10N OF PORTIONS OF PIEDMONT DRIVE, NORTH OF
MARSHALL BOULEVARD, MARSHALL BOULEVARD, BETWEEN BLYTHE STREET AND
VICTORIA A VENUE, AND VICTORIA A VENUE, NORTH OF PIEDMONT DRIVE (plan No. 10122A).
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4 easements for public utility purposes belonging either to the City of San Bernardino or to any
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SECTION 4. Nothing in this Resolution shall in any way affect or disturb any existing
public utility and there is hereby specifically reserved for Pacific Bell, its successors, heirs and
assigns, an easement for utility purposes in specific areas proposed to be vacated, including the
right at any time, or from time to time, the right to construct, place, operate, inspect, maintain,
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repair and replace underground and overhead structures consisting of wires, cables and necessary
fixtures and appurtenances and said easement shall include rights of ingress and egress thereto;
and there is hereby specifically reserved for the San Bernardino Valley Municipal Water District,
its successors, heirs and assigns, an easement for water utility purposes in specific areas proposed
to be vacated, including the right at any time, or from time to time, to construct, maintain,
operate, replace and renew one or more pipelines or appurtenances for the transportation of water
and related incidental purposes, and said easement shall include the right of ingress and egress
thereto; and there is hereby specifically reserved for Southern California Edison, its successors,
heirs and assigns, an easement for utility purposes in specific areas proposed to be vacated,
including the right at any time, or from time to time, to construct, place, operate, inspect,
maintain, repair, replace and remove any overhead or underground electrical transmission and/or
distribution structure consisting of wires, cables, conduits, poles, pole anchors and guy wires,
manhole markers and necessary fixtures and appurtenances and said easement shall include right
of ingress and egress thereto.
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04/08102
2
RESOLtJTION OF INTENTION - V ACA TION OF PORTIONS OF PIEDMONT DRIVE, NORTH OF
1 MARSHALL BOULEVARD, MARSHALL BOULEVARD, BETWEEN BLYTHE STREET AND
VICTORIA A VENUE, AND VICTORIA A VENUE, NORTH OF PIEDMONT DRIVE (Plan No. I0122A).
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SECTION 5. That the City Engineer of the City of San Bernardino is hereby directed to
cause Notices of Street Vacation to be posted as required by said "Public Streets, Highways and
Service Easements Vacation Law."
SECTION 6. That the City Clerk shall certify to the adoption of this Resolution of
Intention and shall cause the same to be published once a week for,two successive weeks in The
San Bernardino County Sun, a newspaper published and circulated in the City of San
Bernardino, prior to the above date set forth for the public hearing.
/II
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04/08/02
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RESOLUTION OF INTENTION - V ACA TION OF PORTIONS OF PIEDMONT DRIVE, NORTH OF
MARSHALL BOULEVARD, MARSHALL BOULEVARD, BETWEEN BLYTHE STREET AND
1 VICTORIA A VENUE, AND VICTORIA A VENUE, NORTH OF PIEDMONT DRIVE (Plan No. 10122A).
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
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3 Common Council of the City of San Bernardino at a
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17 City Clerk
18 The foregoing resolution is hereby approved this day of
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meeting thereof
held on the
day of
,20_, by the following vote, to wit:
Council Members:
AYES
NAYES
ABSTAIN
ABSENT
ESTRADA
LONGVILLE
MCGINNIS
DERRY
SUAREZ
ANDERSON
MCCAMMACK
,20_.
JUDITH V ALLES, Mayor
City of San Bernardino
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22 Approved as to form
23 and legal content:
24 JAMES F. PENMAN
City Attorney
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04/08/02
4
Description of the vacation of portions of Piedmont Drive, North of Marshall Boulevard,
Marshall Boulevard, between Blythe Street and Victoria Avenue, and Victoria Avenue,
North of Piedmont Drive
All of that portion of Piedmont Drive located easterly of the East line of Tract No. 6513, as
per plat thereof recorded in Book 84 of Maps, pages 35 through 36 inclusive, records of the
County Recorder of San Bernardino County, State of California, and northerly of the North
line of Marshall Boulevard having a half width of 44 feet, as portions of said Piedmont Drive
are delineated on Parcel Map No. 4879, recorded on Book No. 53 of Parcel Maps, pages 69
through 70 inclusive and also as portions of said Piedmont Drive are dedicated to the City of
San Bernardino in Document No. 82-019692 recorded on January 29, 1982, Official Records
of said County and also as portions of said Piedmont Drive are dedicated to the City of San
Bernardino in Document No. 80-215145 recorded on September 23, 1980, Official Records of
said County; and
All of that portion of Marshall Boulevard lying westerly of the West line of Victoria Avenue,
as said Victoria Avenue is delineated on Parcel Map No. 4795, as per plat thereof recorded in
Book 65 of Parcel maps, page 17, records of said County and East of the Northerly
prolongation of East line of Rockford Avenue, as said Rockford A venue is delineated in the
Map of Tract No. 9239, recorded in Book 129 of Maps, pages 66 through 67 inclusive,
records of said County; and
All of that portion of Victoria A venue lying Northerly of the Westerly prolongation of the
North line of Lot I, Tract No. 10500, as per plat thereof recorded in Book 155 of Maps, pages
8 through 10 inclusive, records of said County, and Westerly ofthe East line of Section 30,
Township 1 North, Range 4 West, San Bernardino Meridian, said line also being on the
corporate City limit line of the City of San Bernardino; and
That portion of Marshall Boulevard lying within Lots 4, 5, and 6 of Block 16, and Lots 4, 5,
and 6 of Block 17 of the Map of West Highlands, in the City of San Bernardino, County of
San Bernardino, State of California, as per plat filed in book 5, Page 77 of Maps, in the Office
ofthe County Recorder of said County, described as follows:
Beginning at the Southwest comer of Parcell of Parcel Map No. 4879, filed in Book 53,
Pages 69 and 70 of Parcel Maps, Records of said San Bernardino County, said Southwest
corner also being on the Northerly line of Marshall Boulevard; thence along said Northerly
line of Marshall Boulevard, North 89050'00" East, a distance of 5.00 feet to the True Point of
Beginning; thence continuing along said Northerly line North 89056'00" East, a distance of
977.08 feet to the Northeasterly line of Piedmont Drive, as shown on Parcel Map No. 10305,
filed in Book 133, Page 34 of Parcel Maps, records of said San Bernardino County; thence
leaving said Northerly line South 37041'31" East, a distance of 3.47 feet, along said
Northwesterly line to the Northerly line of Marshall Boulevard as shown on said Parcel Map
No. 10305; thence along said Northerly line of Marshall Boulevard, North 89056'00" East, a
Exhibit "1 "
Description of the vacation of portions of Piedmont Drive, North of Marshall Boulevard,
Marshall Boulevard, between Blythe Street and Victoria Avenue, and Victoria Avenue,
North of Piedmont Drive
(Continued)
distance of 157.45 feet to the Westerly line of Parcel Map No. 4795, as shown on a map filed
in Book 65, Page 17 of Parcel Maps, records of said San Bernardino County; thence along said
Westerly line South 00015'40" West, a distance of 41.25 feet to the Southwest corner of
Parcel 3 of said Parcel Map No. 4795; thence along said Southerly line ;md its Easterly
prolongation North 89056'00" East, a distance of 224.75 feet to its intersection with the
Northerly Prolongation of the Easterly line of Lot 6; Block 16 of said Map of West Highlands;
thence South 00015'40" West, a distance of 41.25 feet to the Northeast comer of said Lot 6;
thence along the Southerly line of Marshall Boulevard South 89056'00" West, a distance of
436.00 feet to the Northerly prolongation of the Easterly line of Tract No. 9239, recorded in
Book 129, Pages 66 and 67 of Maps, records of said San Bernardino County; thence along said
Easterly line South 8050'44" West, a distance of 2.78 feet to the Southerly line of Marshall
Boulevard, as shown on said Tract No. 9239; thence along said Southerly line South
89056'00" West, a distance of 388.79 feet to the beginning of a curve concave Southeasterly
and having a radius of 20.00 feet; thence Westerly, Southwesterly and Southerly, a distance of
31.42 feet along said curve through a central angle of 90000'00"; thence North 00004'00"
West, a distance of 20.89 feet to the beginning of a non-tangent curve concave Southeasterly
and having a radius of 43.50 feet, a radial line through said point bears North 69007'54"
West; thence Northwesterly, a distance of 12.49 feet along said curve through a central angle
of 16027'26" to the beginning of a reverse cuive concave Northwesterly and having a radius of
46.50 feet, a radial line through said point bears South 52040'28" East; thence Northeasterly
Northwesterly, and Southwesterly, a distance of 133.47 feet along said curve through a central
angle of 164027'26" to the beginning of a reverse curve concave Northwesterly and having a
radius of 93.50 feet, a radial line through said point of reverse curve bears South 37007'54"
East; thence Southwesterly and Westerly, a distance of 60.72 feet along said curve through a
central angle of 37012'22"; thence North 89055'32" West, a distance of 251.30 feet to the
beginning of a curve concave Northerly and having a radius of 43.50 feet; thence
Northwesterly, a distance of 6.58 feet along said curve through a central angle of 8039'41";
thence North 81015'51" West, a distance of 134.94 feet to the beginning of a curve concave
Northerly and having a radius of 9.50 feet; thence Northwesterly, a distance of 4.28 feet along
said curve through a central angle of 25049'21"; thence North 56005'56" West, a distance of
6.11 feet; thence North 00004'00" West, a distance of 3.02 feet to the True Point of Beginning
of this description.
Conditions for Approval of Vacation of Portions of Piedmont Drive, North of
Marshall Boulevard, Marshall Boulevard, between Blythe Street and Victoria A venue,
and Victoria Avenue, North of Piedmont Drive
The following are conditions set by the Development Services Department to be
completed by the San Manuel Band of Mission Indians (Tribe) in accordance with the
Resolution Ordering Vacation of portions of Piedmont Drive, north of Marshall Boulevard,
Marshall Boulevard; between Blythe Street and Victoria Avenue, and Victoria Avenue, north
of Piedmont Drive. The following work shall be completed by Tribe at Tribe's sole expense,
except where otherwise specified:
1. Noise .
a) Tribe shall submit a noise study of the residential perimeter of the parking lot prior to
the recordation of the Resolution Ordering Vacation and shall meet City standards.
City acknowledges receipt of that report entitled "Environmental Noise Study For the
Interim Use of The San Manuel Governmental Center Site As A Temporary Parking
Lot", prepared by Wieland Associates, Inc., dated October 17, 2001, the conclusions
and recommendations of which have been reviewed and deemed approved by the City
as satisfying this noise study requirement.
b) Tribe shall design and construct a concrete block wall (6' minimum height) to be
installed in the landscaped area of the buffer zone along Marshall Boulevard. The
block wall shall be completed within 180 calendar days after approval by the Mayor
and Council of the Resolution Ordering Vacation, pursuant to an agreement between
the City and Tribe. City acknowledges receipt of Overall Site Plan dated March 8,
2002, and amended Site Plan dated July 24,2002, and Elevation, Section, Color and
Material of Buffer Wall at Marshall Avenue, each dated March 8, 2002, as prepared by
Jallali Architectural Group, which designs have been reviewed and approved by City as
satisfying this block wall design requirement.
2. Lil!:htinl!:
Tribe shall submit a photometric study, approved by the City Engineer, prior to the
recordation of the final Resolution Ordering Vacation. All light fixtures along the
residential area of the buffer zone on the west side of the parking lot shall be set at 20'
maximum height. These light fixtures shall have directional shields to direct light away
from the area residents and shall be set at a 50' minimum setback from the perimeter of the
parking lot. The candlefeet of light at property boundaries shall be set at a maximum of
0.6 c.f. City acknowledges receipt of a photometric study prepared by Jallali Architectural
Group dated November 5,2001, the conclusions and recommendations of which have been
reviewed and approved by City as satisfying this photometric study requirement.
3. Hvdrolol!:V and Water Qualitv
a) Tribe shall obtain approval from the City Engineer for the detention basin design and
shall complete the construction of the detention basin prior to the recordation of the
Resolution Ordering Vacation. City acknowledges receipt of (1) Hydrology and
Hydraulics Report for the Tribal Government Center Surfacing Parking, dated January,
02/12/03
Exhibit "2"
1
2002; (2) Sheet C-5, titled GRADING, of the Surface Parking Drawings, dated January
3,2002; and (3) Sheet C-6, titled FLOW DIVERSION DETAIL SHEET, of the
Surface parking Drawings dated January 3, 2002, prepared by Berryman & Henigar,
which designs have been reviewed and approved by City as satisfying this detention
basin design requirement.
b) Tribe shall pay the City-wide storm drain impact fee in accordance with the City fee
schedule in the amount of $53,728.57, prior to the recordation of the Resolution
Ordering Vacation.
4. Transportation/Traffic .
a) Tribe shall contribute to the City, an estimated $60,000 or an amount equal to 50% of
the cost for the traffic signal at Lynwood Drive and Victoria Ave;nue. The total cost for
the traffic signal was estimated at $120,000, which was determined by the City
Engineer and shall be paid prior to the recordation of the Resolution Ordering
Vacation. Receipt of said amount shall satisfy this Transportation/Traffic Condition.
City shall design and construct traffic signal.
b) Tribe shall contribute 100% of the estimated actual cost to the City to re-stripe existing
striping on Highland Avenue at Victoria Avenue, prior to the recordation of the
Resolution Ordering Vacation. The cost has been estimated at $5,000, which Tribe
shall pay to the City prior to the recordation of the Resolution Ordering Vacation.
Receipt of this amount shall satisfy this Transportation/Traffic Condition. All work
pertaining to the re-striping shall be performed by the City.
c) Tribe shall install a stop sign at the southbound access road at Lynwood Drive, prior to
the recordation of the Resolution Ordering Vacation.
d) Tribe shall pay a Traffic Systems Fee of $30,099.42 in accordance with City standards,
prior to the recordation of the Resolution Ordering Vacation.
S. Construction Standards
a) Tribe shall obtain a Temporary Encroachment Permit prior to the recordation of the
Resolution Ordering Vacation, in order to remove asphalt in the buffer zone between
the new wall and residents and shall also secure all necessary permits required by the
Public Works Division.
b) All construction required off the Reservation site to satisfy the conditions set forth
herein shall be subject to City approval, according to City standards. Tribe shall cause
all plans for such construction on the Reservation required to satisfy the conditions set
forth herein, to be plan checked and inspected by Wildan in accordance with City and
tribal standards. A copy of said standards has been submitted, reviewed and approved
by City. Said construction plans shall be deemed approved by City upon City's receipt
of an inspection report from Wildan confirming inspection approval according to such
approved standards.
c) Tribe shall instaU watch manual signing with flagmen during construction.
6. Turnarounds at Vacated Streets
a) Tribe shall submit a detailed drawing for proposed knuckle on Marshall Boulevard,
prior to the recordation of the Resolution Ordering Vacation. City acknowledges
02/12/03
2
receipt of those civil engineering plans prepared by Berryman & Henigar, dated April
3,2002, which design has been reviewed and approved by City as satisfying this
Turnaround Condition.
b) Tribe and City shall enter into an agreement prior to the recordation of the Resolution
Ordering Vacation, for the maintenance of the driveways on the west side of Victoria
A venue for use as an emergency vehicle turnaround.
7. Easements
a) Tribe has acknowledged an easement to San Bernardino Valley Municipal Water
District across Tribal property.
b) Tribe shall obtain a letter from San Bernardino Valley Municipal Water District
regarding any conflict or easement reservation for the vacation of Piedmont Drive and
submit such to the City, prior to the recordation of the Resolution Ordering Vacation.
c) Tribe and City have acknowledged that an easement to East Valley Municipal Water
District across seven residential properties adjacent to Lynwood Drive is not on Tribal
property .
8. Emerl!:encv Access Gate at Marshall Boulevard and Rockford Avenue
a) Tribe agrees to maintain the gate located at the south side of the parking lot on Marshall
Boulevard and Rockford Avenue, for secondary emergency access.
9. Buffer Walls
a) All construction for buffer walls shall be designed by Tribal representatives and shall be
approved by the City Engineer/Deputy Director, prior to the recordation of the
Resolution Ordering Vacation. City acknowledges receipt of those drawings, which
design drawings have been reviewed and approved by City as satisfying all design
issues related to this Buffer Walls Condition.
b) Tribe shall submit detailed drawings for the extension of the side fence of the seven
residential properties onto the new buffer wall on Sand Creek between Lynwood Drive
and Marshall Boulevard, prior to the recordation of the Resolution Ordering Vacation.
City acknowledges receipt of those drawings, which design drawings have been
reviewed and approved by City as satisfying all design issues related to this condition as
set forth herein.
c) The existing block wall and grading on adjacent residential property, referenced in
subsection (b) above, shall remain. Tribe shall provide a single 4' wide opening for
access to area between walls. Tribe shall obtain consent from property owners in order
to determine which owners desire the 4' openings and which do not. Tribe shall submit
detailed plans for raising the grade east of the residence at 2735 Lomita Place, prior to
the recordation of the Resolution Ordering Vacation. City acknowledges receipt of
those drawings, which design drawings have been reviewed and approved by City as
satisfying all design issues related to this condition as set forth herein.
d) Tribe shall submit a detailed drawing of the proposed extension of the wall of the five
residents on Marshall Boulevard between Rockford A venue and Sand Creek onto the
new buffer wall, to include existing and proposed wall dimensions prior to the
recordation of the Resolution Ordering Vacation. The existing block wall and grading
on neighbor's property shall be extended to the centerline of Marshall Boulevard with a
02/12/03
3
single 4' wide opening in the existing wall for each property. The 4' wide opening is
to provide access to the area between the existing wall and the new buffer wall, to be
constructed by Tribe. The City of San Bernardino Development Services Department
shall cause the removal of the existing curb, gutter and sidewalk on the north side of
the existing wall of the properties identified as follows: Assessor's Parcel Nos. 0285-
861-33,0285-861-34,0285-861-35,0285-861-36 and 0285-861-37. Tribe agrees to
remove street asphalt and raise grade level with earthwork to meet the level of the
concrete surface, within 180 calendar days after recordation of the Resolution Ordering
Vacation. City acknowledges receipt of those drawings, which design drawings have
been reviewed and approved by City as satisfying all design issues related to this
condition.
e) Tribe shall coordinate with utilities to relocate poles or underground existing facilities
on Marshall Boulevard, east of Rockford Avenue, prior to the recordation of the
Resolution Ordering Vacation.
Tribe and City shall enter into a written agreement agreeing to these Conditions of Approval
for the vacation of portions of Piedmont Drive, north of Marshall Boulevard, Marshall
Boulevard, between Blythe Street and Victoria Avenue, and Victoria Avenue, north of
Piedmont Drive, as scheduled. City agrees to outsource at Tribe's sole expense, any plan
check or inspection services required for construction off the Reservation undertaken by Tribe
related to the satisfaction of said above-mentioned conditions.
02112/03
4
Edgemont Drive
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Areas of vacation shown thus: ~
PROPOSED VACATION OF A PORTION OF
PIEDMONT DRIVE, NORTH OF MARSHALL
BOULEVARD; PORTION OF MARSHALL
BOULEVARD, EAST OF BLYTHE STREET; AND
PORTION OF VICTORIA AVENUE, NORTH OF
PIEDMONT DRIVE.
L YNWOOD
DRIVE
CITY OF SAN BERNARDINO
PUBLIC WORKS DIVISION
REAL PRO RTY SECTION
PLAN NO. 10122A
Qved:
Date: 2. z/63
Created by:
Checked by:
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 2 - \ '6'-0') Item #
Vote: Ayes I "l, '1-(... Nays,k}
Change to motion to amend original documents: --
13
Resolution # 2CD3-4("
Abstain r) Absent 3
Reso, # On Attachments: ~ Contract term: -
Note on Resolution of Attachment stored separately: ~
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
N ull/V oid After: -
By: rn.~\ ~l\l(L.
Date Sent to Mayor: 2. - 2-D - c> ~-<,
Date of Mayor's Signature: .;:::-.3u-G:"
Date of ClerklCDC Signature: ;),? I ~0:',)
Reso, Log Updated: ./
Seal Impressed: ,,/"
See Attached:
See Attached:
See Attached:
----
Date Returned: ~
Date:h-kffls/T ptter Sent for Signature:
--------
60 Day Reminder Letter Sent 'oiCJ~:
90 Day Reminder Letter Sent on 45th day: -------------
Request for Council Action & Staff Report Attached: Yes L No By
Updated Prior Resolutions (Other Than Below): Yes No~ By
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Yes No ...L... By
Updated CDC Personnel Folders (5557): Yes No ,/ By
Updated Traffic Folders (3985, 8234, 655, 92-389): Yes Nol By
Copies Distributed to:
City Attorney /
Parks & Rec,
Code Compliance Dev. Services /
Police Public Services Water
EDA
Finance
MIS
Others:
Notes:
Cd2.11tlI:-V CO 0\/
I
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.)
Ready to File: fill
Date: J-dl-OJ
Revised 01/12/01