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HomeMy WebLinkAbout15-Development Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES FUNK, Director Subject:Public Hearing 4:00 p.m. and Resolution Ordering Vacation: 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 authorizing the Mayor to execute a Street Vacation Agreement with the San Manuel Band of Serrano Mission Indians. File No. 15.30-361 Synol?sis of Previous Council Action: MCC Date: 03-17-2003 08-21-00 - Authorization to proceed was given, and 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. 10122A was approved. 02-18-03 - Resolution ofIntention 2003-46 and Resolution 2003-59 adopting GP A No. 02-07, were adopted. Recommended Motion(s): I. That the public hearing be closed and the Findings of Fact, as set forth in the staff report from the Director of Development Services, as to why portions of Piedmont Drive, north of Marshall Bouelvard, Marshall Boulevard, between Blythe Street and Victoria Avenue, and Victoria Avenue, north of Piedmont Drive, are no longer necessary for public street purposes, be adopted. Dept: Development seUR I G J NA L Date: March 12,2003 AND 2. Adopt Resolution. Phone: Contact person: EILEEN GOMEZ Supporting data attached: Staff Report/Maps/Reso Ward: 4 FUNDING REQUIREMENTS: Amount: $1,000 (processing fee to be paid by applicant) Source: (Acct. No.) 001-000-4780-0000 (Acct. Description) Vacation Processing Fees Finance: Council Notes: Agenda Item No. oj 1'7 )('"J.~ . 15 12 t:.Y'~L (0 ':':, b c) CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Public Hearing 4:00 p.m. and Resolution Ordering Vacation: 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 and authorizing the Mayor to execute a Street Vacation Agreement with the San Manuel Band of Serrano Mission Indians. 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 Serrano 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. On March 5, 2002, the San Manuel Band of Serrano 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. On February 18,2003, Resolution ofIntention 2003-46 was adopted, declaring its intention to order 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. Also adopted at the Mayor and Common Council meeting of February 18,2003 was Resolution 2003-59, adopting General Plan Amendment No. 00-02 to the General Plan of the City of San Bernardino, to delete portions of Piedmont Drive, Marshall Boulevard, and Victoria Avenue from the General Plan. Notices were posted along the area proposed for vacation and published in the Sun newspaper. Adjacent property owners were also notified of the public hearing by mail. The City recently conducted a new traffic and noise study for the expansion ofthe project and mitigation measures identified by the studies will be incorporated into the projects. The City has coordinated with San Manuel Band of Serrano Mission Indians compiled a list of conditions for approval to mitigate the impacts associated with the proposed development. The Agreement and the Conditions for Approval are included in the attached Resolution Ordering Vacation as Exhibits "1" and "B", and are set to be completed as specified, the majority of which have been be completed. 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 has been submitted to the City Engineer/Deputy Director for review and approval, as referenced in the Conditions for Approval shown as Exhibit "B" to the attached Resolution Ordering Vacation. 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. There appears to be no further necessity for the area proposed for vacation for street purposes, and we recommend the vacation based on the following facts: I. The Director of Development Services has determined that the proposed vacation is of no further necessity to the general public. 2. A finding of consistency with the General Plan was made. 3. There have been no objections by any adjoining property owners. 4. All of the City departments and public utility companies were notified of the proposal. Responses were received and no conflicts were noted. Easements across portions of the area to be vacated will be reserved in the Resolution Ordering Vacation for Pacific Bell, San Bernardino Valley Municipal Water District, and Southern California Edison. FINANCIAL IMPACT: None. Applicant has paid the $1,000 processing fee. RECOMMENDATION: Staffrecommends that the public hearing be closed, the Findings of Facts be adopted and that the attached Resolution Ordering Vacation be adopted. LOCA TION OF PROPOSED VACATION No Scale Highland Ave. 5th St. c c E t: ~ }uJio Base Line st. 9th St co E " > Mill St. " c co c u " "- Oran e Show Rd. ~ '. . 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 ~ within City's Sphere of Influence Created by: l-tf:J'2-lo ~ Date: 5 ~ 2"'z...- City Limits Q85-121-1f) Q85-121-2~ (Federalized Land) Glenmare Street Portion of Piedmont Drive dedicated per Document No. 82-019692 O.R. . , c l ~":J CO<j ~ ~ . b' E ~"j ::; >- - i:3 Portion of Piedmont Drive dedicated on Parcel Map No. 4879 (P.M. 53/69-70) . ~ >. ili 04819 1"1>A-~5~169-10 p,\lo.& I',r.,ftci:\.. , <J85-121-3f) (Federalized Land) Edgemont Drive Areas to be vacated ~ ~ --- ~ RD 939 "tract ~9J6 61 ",..ll. VAL MAR CIRCLE 166'\ c\ . por.lf 001 5,66 ",..ll. ,.: en ui > '" o 0: o u. ::r.:::: LOMITA PLACE '-' o 0: W I I- >- --' III a: o '" Ii: :l ;; DEL NDRTE DRIVE L YNWOOD DRIVE CITY OF SAN BERNARDINO PUBLIC WORKS DIVISION REAL PRO RTY SECTION PLAN NO_ 10122A Sheet ..!..- of ..!..- . Date: 2. l(6J Approved: Created by: Checked by: 0a5-121.3D (Fed8l1JfJzed Land) ~rnR7~ Not to Scale sp.~ N\p..N\.lE.L ~ E ::; \~O\tS~ Portion of Piedmont Drive dedicated per Document No. 80.215145 O.R. <]85-121-33'::> (Fed8rallzed Land) N,IJ. Cor See 29 / T.1 N. R. 3 IJ. C:R\J~.no~ RE.Sj;.. "' l\J ..... ~ 'Xl.' ,"'", '0, , , , , , , Q85-153-!I) (Federalized Land) Q85-153-1[> (Fede,.llzed L.nd) ~ ----- N.'w'. Cor Lot 1 ~ TrQct No. 10500 ~o. '0500 pOf. fBe 8 '\0 ~. .'\5 . ::>W I~~ f-W U> ;;;<l: 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. -r 1_ /:?-~" . (.> ' I '~.. '~~,-_ _ \ '~"- -- '-- " '" '", "-- --'-- 'I --~:::-".!~>".! f--~":::-~'''~'''::---''-'" , ~___~;:':~L__~ '" -''"::..... lilllirHl1 ~~~ , . ,- " ; [] rr-- ~ I. I 'i-<!~__._, it::: I~ I!= .~ 1;-- If::: 1'- I/O 1- rt:: 1;:: It=: ~~ J:= !'- ,~ ~i~~ ~. '""-, ,- ~'':':'; + - ~ o '3 , ~ ~-:-M~~sm~T-- ~rM :, ..~T;r Ail ' 1ft --l-kJr) ~iil ~ ~:!!;;'li'l, iXIIIl'NJCOHCIIE'IE_-' -.- ro__ "<:lCKFOROAvE.TO _~IlO_) SAN MANUEL BAND OF MISSION INDIAN 26524 INDIAN SERVICE RD. HIGHLAND, CA 92349 , . ~ eo !t:);J ~~\- - )' . , ~ . ~ . .~ c~~ ~~ . JALLALI ARCHITECTURAL GROUP 43 COIlI'ORATl PAlQI., SUIT! lOt IllVtNE. CWFOltNlA 9Z606 (949) 15 Z - 93;5:1 JULY 24. ZOO Z REV. oec 10, 2002 PROPOSED BUFFER ZONE ~ SITE PLAN o 50' m 200 '.'- SAN BERNARDINO, CALIFORNIA ... CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES FUNK, Director Subject: Public Hearing 4:00 p.m. and Resolution Ordering Vacation: 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. File No. 15.30-361 SynoRsis of Previous Council Action: MCC Date: 03-17-2003 08-21-00 - Authorization to proceed was given, and 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. 02-18-03 - Resolution oflntention 2003-46 and Resolution 2003-59 adopting GP A No. 02-07, were adopted. Recommended Motion(s): 1. That the public hearing be closed and the Findings of Fact, as set forth in the staff report from the Director of Development Services, as to why portions of Piedmont Drive, north of Marshall Bouelvard, Marshall Boulevard, between Blythe Street and Victoria Avenue, and Victoria Avenue, north of Piedmont Drive, are no longer necessary for public street purposes, be adopted. Dept: Development Services Date: February 27, 2003 AND 2. Adopt Resolution. ~~ James Funk Contact person: EILEEN GOMEZ Supporting data attached: StaffReport/Maps/Reso Phone: 5328 Ward: 4 FUNDING REQUIREMENTS: Amount: $1,000 (processing fee to be paid by applicant) Source: (Ace!. No.) 001-000-4780-0000 (Ace!. Description) Vacation Processing Fees Finance: Council Notes: Agenda Item No. 3//7 }/)3 JS' CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Public Hearing 4:00 p.m. and Resolution Ordering Vacation: 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. 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. On February 18,2003, Resolution ofIntention 2003-46 was adopted, declaring its intention to order 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. Also adopted at the Mayor and Common Council meeting of February 18,2003 was Resolution 2003-59, adopting General Plan Amendment No. 00-02 to the General Plan ofthe City of San Bernardino, to delete portions of Piedmont Drive, Marshall Boulevard, and Victoria Avenue from the General Plan. Notices were posted along the area proposed for vacation and published in the Sun newspaper. Adjacent property owners were also notified of the public hearing by mail. 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 Ordering Vacation as Exhibit "B", 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. 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 ofthe Resolution Ordering Vacation, as referenced in the Conditions for Approval shown as Exhibit "B" to the attached Resolution Ordering Vacation. 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. There appears to be no further necessity for the area proposed for vacation for street purposes, and we recommend the vacation based on the following facts: 1. The Director of Development Services has determined that the proposed vacation is of no further necessity to the general public. 2. A finding of consistency with the General Plan was made. 3. There have been no objections by any adjoining property owners. 4. All of the City departments and public utility companies were notified of the proposal. Responses were received and no conflicts were noted. Easements across portions of the area to be vacated will be reserved in the Resolution Ordering Vacation for Pacific Bell, San Bernardino Valley Municipal Water District, and Southern California Edison. FINANCIAL IMPACT: None. Applicant has paid the $1,000 processing fee. RECOMMENDATION: Staffrecommends that the public hearing be closed, the Findings of Facts be adopted and that the attached Resolution Ordering Vacation be adopted. LOCA TlON OF PROPOSED VACATION No Scale 5th St. Mill SI. 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 ~ within City's Sphere af Influence Created by: l-M2-lo ~ Date: .5 ~ '2",2- -.- I Cf85-121~lD , i City Limits QaS-121-2D Q85-121.32) Not to Scale . , o . ~ ,,"J 10" '!l J!l ~"J'" :S .~ o Portion of Piedmont Drive dedicated per Document No. 82-019692 O.R. Glenmare Street \ !II; ~. ^ ~.-. '" ;.)t""'" . ,~_. "\ ;\.~ (;.:. Portion of Piedmont Drive dedicated on Parcel Map No 4879 (P.M. 53/69-70) ~ E :.J 'I'd \1~D\i'p. .;; Portion of Piedmont Drive dedicated per Document No. 80-215145 OR o . ~ ;:. in 1'4.041'>19 ,,, ,69-10 1'.....e.'S1 PARCEL \ 685-121-3D N."". Cor See 29 / T.l N, R, 3 IJ, <]85-121-33.) RD 085-121.10 ". ...~~\O~'~ ",,,.\1 t~,. . _.."i.-\''l; J I ~},",,_.:':'\k . ,"'_. Edgemont Drive 1'"".1'10051\1 p""B Areas to be vacated pCl.1 Qas.121'J.!) in C\J " 186\ c' . ?Of.1f 001 5.86 IA.B. 020 "Trac ~~.\J 6.99 IA,B 939 "tact ;916 61 IA.Il, VAL MAR CIRCLE w >-' > a' '" '" 0 0 '" 0: W 12 0 :I: "- >- :5 '" LOMITA PLACE >- u ~ '" 0 aJ > 0: .~\ \" \"-\ '\\ \\ \\ \ ~ '--- N."'. Cor Lot 1 . Tract No. 10500 <]8S-1SJ.1D QaS-153-1[) P/~O "'0"'7- Oli'lv~ DEL NORTE DRIVE pOL ... L YNWOOD DRIVE Sheet 1 of 1 - - ~w l~~ ....w u> :;< 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, CITY OF SAN BERNARDINO PUBLIC WORKS DIVISION REAL PROPERTY SECTION Approved: 1 t, PLAN NO. 10122A I- " !', ::--..~ lillJiIIl" V-C I -j;; 'J II. .' \\, \~ -'"'-,-, . 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SAN BERNARDINO, CALIFORNIA (C '.~ ,10 "'\7 n '--' U .--/ ''---'/ RESOLUTION NO. 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE 2 VACATION OF PORTIONS OF PIEDMONT DRIVE, NORTH OF MARSHALL 3 BOULEVARD, MARSHALL BOULEVARD, BETWEEN BLYTHE STREET AND VICTORIA A VENUE, AND VICTORIA A VENUE, NORTH OF PIEDMONT DRIVE 4 (PLAN NO. I0122A), AND AUTHORIZING THE MAYOR TO EXECUTE A STREET 5 VACATION AGREEMENT WITH THE SAN MANUEL BAND OF SERRANO MISSION INDIANS. 6 7 BE IT RESOLVED BY THE MAYOR 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 having heard the evidence offered in relation to the proposed vacation of those certain portions of 10 Piedmont Drive, north of Marshall Boulevard, Marshall Boulevard. between Blythe Street and 11 12 Victoria A venue, and Victoria A venue. north of Piedmont Drive, described in Resolution of 13 Intention No. 2003-46. hereby find fi'om all of the evidence submitted that such portions of said 14 streets proposed to be vacated by said Resolution are unnecessary for present and prospective 15 16 17 street purposes. SECTION 2. The Mayor and Common Council of said City do hereby vacate those 18 certain portions of Piedmont Drive. north of i\Iarshall Boulevard. Marshall Boulevard. between 19 Blvthe Street and Victoria Avenue, and Victoria Avenue, north of Piedmont Drive. as more fully 20 described in Exhibit 'A" attached hereto. 21 22 SECTION 3. Nothing in this Resolution shall in any way affect or disturb any existing easements for public utility purposes belonging either to the City of San Bernardino or to any 23 24 public utility and there is hereby specitically reserved for the San Bernardino Valley Municipal 25 Water District. its successors. heirs and assigns. an easement for water utility purposes. 26 specifically for a high pressure water pipeline and existing facilities across portions of Piedmont \ 27 Drive to be vacated. including the southerly prolongation of Piedmont Drive lying within 28 Marshall Boulevard, and said easement shall include the right at any time, or from time to time. 03/12/03 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF PORTIONS OF PIEDMONT DRIVE, NORTH OF MARSHALL BOULEVARD, MARSHALL BOULEVARD, BETWEEN BLYTHE STREET AND VICTORIA A VENUE, AND VICTORIA AVENUE, NORTH OF 1 PIEDMONT DRIVE (PLAN NO. IOI22A), AND AUTHORIZING THE MAYOR TO EXECUTE A STREET 2 VACATION AGREEMENT WITH THE SAN MANUEL BAND OF SERRANO MISSION INDIANS. 11 reserved for Southern California Edison, its successors, heirs and assigns. an easement across 12 13 p0l1ions of Victoria Avenue and Marshall Boulevard to be vacated to construct, place, operate. 14 inspect, maintain, repair, replace and remove any overhead or underground electrical 15 transmission andlor distribution structure consisting of wires, cables, conduits, poles, pole 16 17 easement shall include the right of ingress and egress thereto. 18 anchors and guy wires, manhole markers and necessary tixtures and appurtenances and said 19 SECTION 4. That the Mayor of the City of San Bernardino is hereby authorized and 20 directed to execute, on behalf of said City, a Street Vacation Agreement with the San Manuel 21 Band of Serrano Mission Indians, which incorporate by reference the Conditions of Approval 22 23 (attached as Exhibit "8"). The Street Vacation Agreement (attached and incorporated herein as Exhibit ., I"), shall be fully executed prior to the recordation of the Resolution Orderiug 24 25 Vacation. at which time the City Clerk is hereby directed and authorized to file a certitied copy 26 of this Resolution with the San Bernardino County Recorder's office. 27 III 28 03/12/03 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE V ACA TlON OF PORTIONS OF PIEDMONT DRIVE, NORTH OF MARSHALL BOULEVARD, MARSHALL BOULEVARD, BETWEEN BLYTHE STREET AND VICTORIA AVENUE, AND VICTORIA AVENUE, NORTH OF 1 PIEDMONT DRIVE (PLAN NO. IOI22A), AND AUTHORIZING THE MAYOR TO EXECUTE A STREET 2 VACATION AGREEMENT WITH THE SAN MANUEL BAND OF SERRANO MISSION INDIANS. 3 4 5 6 SECTION 5. This vacation of said streets as set forth herein, shall not take effect until this Resolution is filed with the San Bernardino County Recorder's Office. SECTION 6. The authorization to execute the above-referenced agreement is rescinded 7 if the parties to the agreement fail to execute it within sixty (60) days of the passage of this 8 resolution. 9 1// 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 \ 27 28 OJ!l2/OJ J RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF PORTIONS OF PIEDMONT DRIVE, NORTH OF MARSHALL BOULEVARD, MARSHALL BOULEVARD, BETWEEN BLYTHE STREET AND VICTORIA AVENUE, AND VICTORIA A VENUE, NORTH OF 1 PIEDMONT DRIVE (PLAN NO. IOI22A), AND AUTHORIZING THE MA YOR TO EXECUTE A STREET 2 VACATION AGREEMENT WITH THE SAN MANUEL BAND OF SERRANO MISSION INDIANS. 3 held on the 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 The foregoing resolution is hereby approved this 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 meeting thereof day of . 20_, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRA.DA LONGVILLE MCGI)'0.'IS DERRY SUAREZ ANDERSON MCCA'v!MACK City Clerk day of ,20_ 21 22 23 Approved as to form 24 and legal content: JUDITH V ALLES, Mayor City of San Bernardino 25 JAMES F. PENMAN 26 City Attorney \ 27 28 By: L I.P~ C 03/12/03 4 EXHIBIT "1" STREET VACATION AGREEMENT This Agreement is made and entered into in San Bernardino, California, by and between the San Manuel Band of Serrano Mission Indians, a federally recognized Indian tribe having an address at 26569 Community Center Drive, Highland, California 92346 ("Tribe") and the City of San Bernardino, having an address at 300 North "D" Street, San Bernardino, California ("City"), effective as of March 17, 2003. RECITALS WHEREAS, Tribe is a federally recognized Indian tribe with lands near the boundaries of City over which it exercises governmental jurisdiction ("Tribal lands"); WHEREAS, the Tribe's General Council determined that it was in the Tribe's best interest to file an application with City requesting a General Plan Amendment to delete the below-described General Plan Streets from Figure 26, Circulation Plan of City of San Bernardino General Plan, and seeking the vacation of the previously dedicated roadway easements for said streets, all as more particularly described in Exhibit "A" attached hereto and incorporated herein by reference: 1. Piedmont Drive: from Marshall Boulevard, northwesterly a distance of 1,160 feet, to the City limits, and the existing portion of Piedmont Drive, then designated a Secondary Arterial. 2. Marshall Boulevard: from the east side of Rockford Avenue, easterly a distance of 835 feet, to Victoria Avenue, then designated a Secondary Arterial. 3. Victoria Avenue: from 100 feet north of Piedmont Drive, a distance of 725 feet northerly, then designated a Secondary Arterial. WHEREAS, City and Tribe developed certain Conditions for Approval required to be completed by Tribe as a condition of the approval of Tribe's application for general plan amendment and street vacation, which Conditions are more particularly described in Exhibit B attached hereto and incorporated herein by reference; (,WI:-';OQWS TE~IP',Slreel \a';;H;0n\~re~mertllluc ~IJrch \3. ~OO3 - WHEREAS, on February 18, 2003 the Mayor and Common Council of the City of San Bernardino approved General Plan Amendment No. 00-02 deleting the above-described arterials from the General Plan Circulation Element; WHEREAS, on February 18, 2003 the Mayor and Common Council of the City of San Bernardino approved a Resolution of Intention to Order the Vacation of the above-described streets; WHEREAS, it is the intent of the parties that on March 17,2003, the Mayor and Common Council shall approve a Resolution Ordering Vacation of said streets pursuant to the Conditions set forth herein at Exhibit B hereto; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. On March 17, 2003, City shall approve a Resolution Ordering Vacation of portions of the described streets as more particularly described in Exhibit A hereto pursuant to the Conditions of Approval, and shall execute this Agreement in furtherance thereof; 2. Tribe shall execute this Agreement and deliver payment to City in the amount of One Hundred Forty Nine Thousand Three Hundred Twenty Seven Dollars and Ninety Nine Cents ($149,327.99), which represents all monies due from Tribe to City under the Conditions of Approval, within one business day after the Mayor and Common Council's approval of Resolution Ordering Vacation. 3. City shall record with the San Bernardino County Recorder's Office the Resolution Ordering Vacation and any and all other documentation required by County Recorder's Office to effectuate the vacation of said streets within two business days after receipt of Tribe's payment as required in Paragraph 2 hereof. 4. Tribe agrees to complete all Conditions of Approval within One Hundred and Eighty (180) days of execution of this Agreement, provided that if Tribe experiences bona fide difficulties in satisfying one or more Conditions of this Agreement within the 180 day time period for completion it shall notify City in writing no later than Fifteen (15) days prior to the expiration of the time period of the nature of the delay in completing one or more of the Conditions, and seek a thirty day extension of time to satisfy said Condition(s), approval of which shall not be unreasonably withheld by City. 5. The City agrees to indemnify and hold harmless Tribe and its officers, employees, agents, and members, and Tribe agrees to indemnify and hold harmless City and its officers, employees, C WI:-<DO\\S TE'\IP S:ru: \jCJlIC"1 A!,!r~cmcnt do..: \lJrch 13. ~I)C ~ 2 agents and volunteers, from any and all claims, actions, losses, damages or liability arising out of the other's performance or other obligations under this Agreement, provided in the event either party is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective performance or obligations under this Agreement, the party so at fault shall indemnify the other to the extent of its comparative fault. 6. This Agreement constitutes the entire and integrated agreement between the parties and all prior and contemporaneous negotiations, representations and agreements, written or oral, if any between the parties with regard to the subject matter of this Agreement are superseded and canceled hereby and shall not be used to interpret or construe this Agreement. No amendment or other modification of this Agreement shall be effective or enforceable unless in writing duly signed by City and Tribe. 7. Any disputes under this Agreement shall be resolved first by attempting to meet and confer to resolve such differences on an amicable basis. If attempts to do so have failed after sixty days from the date such meeting was first requested with regard to a specific issue, a party may initiate judicial proceedings in accordance with Paragraph 10 herein. 8. City acknowledges and agrees to comply with any and all applicable tribal, federal, and state laws with regard to any performance taking place on Tribal Lands. 9. 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: San Manuel Tribal Administration P.O. Box 266 Patton, California 92369 Attn.: Tribal Chairman Mayor City of San Bernardino 300 North "D" Street San Bernardino, California 92418 Either party may change the name or address for notice by sending a written request in the manner provided herein. C \\i:\DQWS'TE\IP Street \',lcallon ....greemem Joc :'>larch 13. ~003 3 10. Subject to the provisions of this Paragraph 10, Tribe hereby grants to the City a limited waiver of its immunity from unconsented suit subject to the conditions set forth below. A. Claims authorized under this waiver are limited to claims arising under this Agreement and no other. B. This waiver shall only run in favor of the City and its successors in interest. C. The claim is made in a detailed written statement to Tribe stating the specific action or discontinuance of action by Tribe which would cure the alleged breach or non- performance, or the sum of money claimed to be due and owing from Tribe to the City by reason of such specific breach or non-performance, and Tribe shall have sixty (60) calendar days to cure such breach or non-performance or to make such payment before judicial proceedings may be instituted. D. Prior to initiation of judicial proceedings the parties shall meet and confer in an effort to resolve any dispute arising under this Agreement. If the parties fail to resolve the dispute following such meet and confer, a claim may be filed in accordance with the provisions set forth below. E. In the event there is a claim which is not resolved between the parties, any court proceeding under this section shall be commenced within the later of two (2) years after the claim accrues or one (1) year after the claim is discovered, but in no event later than two (2) years from the date the claim is first submitted to the Tribe, or such claim shall be forever barred. The waiver granted herein shall commence on the execution date of this Agreement and shall continue for two (2) years following the expiration, termination, or cancellation of this Agreement (whichever is later), except the waiver shall remain effective for any proceedings then pending, and all appeals therefrom. F. Any claim authorized under this section shall be made for specific performance, injunctive relief or money damages not to exceed the monetary value which is the subject of this Agreement. In no event shall this waiver apply to punitive or consequential damages. G. Tribe waives its sovereign immunity from a judgment or order consistent with the terms and provisions of this C 'Wl:"'DOWS'TE\IP'Slr~el \a(Jll<ln.\!,lreemem do~ \lMc:h 1.;_ ~11113 4 Paragraph 10, which is final because either the time for appeal thereof has expired or the judgment or order is issued by a court having final appellate jurisdiction over the matter. Tribe consents to the jurisdiction of the United States District Court for the Central District of California and any court having appellate jurisdiction thereover, consistent with the terms and conditions of this Paragraph 10. None of the parties shall object to the jurisdiction or venue of said federal court. In the event the federal court does not have jurisdiction, Tribe will consent to the jurisdiction of any court of competent jurisdiction in the State of California, County of San Bernardino. Without in any \vay limiting the generality of the foregoing, Tribe expressly authorizes any governmental authorities who have the right and duty under applicable law to take any action authorized by any court, to take such action to give effect to any judgment entered against Tribe in accordance with this waiver. H. The foregoing limited waiver of sovereign immunity is expressly conditioned on the parties' agreement herein that the only assets, including property and funds, which shall be available to satisfy any enforcement proceedings or judgment in connection with this Agreement shall be limited to the income or assets of Tribe, except that no interest in land, whether tangible or intangible, legal or beneficial, vested or contingent, or any occupancy or other rights or entitlements therein or related thereto, shall be subject to attachment, execution, lien, judgments or other enforcements or satisfaction of any kind, in whole or in part, with respect to any claim of the City against Tribe on any basis whatsoever. No assets of any kind whatsoever of any member of the Tribe, whether tangible or intangible, vested or contingent, shall be available to satisfy any judgment or subject to attachment, execution, lien, or other enforcement or satisfaction of any kind with respect to any claim of the City against Tribe. I. Except as ordered by a court of competent jurisdiction, all parties shall bear their own costs, including attorneys' fees, in connection with any judicial proceedings authorized under this Agreement. The parties expressly agree that this provision shall survive the termination, for any reason, or expiration of this Agreement. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this Paragraph. C ",WI'OO\\ S TE\If"Slr~c: \ 1:J:"\1) .-\greemcnl J,',' \larch],:,'.,.1.. 5 J. In the event that any provision of this Agreement is held to be void or unenforceable, except for the waiver of sovereign immunity set forth in Paragraph 10, the remaining provisions shall remain in full force and effect. 11. Tribe shall submit this Agreement to the Secretary of the Interior or its designee at the Bureau of Indian Affairs (BIA) within 30 days after the parties' execution of the Agreement. Upon receipt of such written approvals of the Secretary of the Interior and/ or BIA, Tribe shall provide City with copies of same. Tribe shall not withdraw said submittal to the Secretary of the Interior and/ or the BIA without prior written 10 day notice to City. SAN MANUEL BAND OF SERRANO MISSION INDIANS \ , .\ / '. f By: ,:--,-'j7\. /(~\/ ./'-'t-l Deron Marquez .! ) Tribal Chairman '-' CITY OF SAN BERNARDINO By: Mayor Approved as to form and legal content: t. ~ MES F. PENMAN ity Attorney C 'WINDQI,l.'S,TE\IP Sl'~~l \lcation .'\greemenl doc \IJr<,hl3.2003 6 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 A venue, 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 Avenue 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 Avenue lying Northerly of the Westerly prolongation of the North line of Lot 1, Tract No. 10500, as per plat thereof recorded in Book 155 of Maps, pages 8 through 10 inclusive, records of said County, and Westerly of the 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 of the County Recorder of said County, described as follows: Beginning at the Southwest corner of Parcel I 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 "A" 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 and 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 corner 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 curve 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 Avenue, 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 A venue, and Victoria A venue, north of Piedmont Drive. The following work shall be completed by Tribe at Tribe's sole expense, except where otherwise specified: I. Noise a) Tribe submitted a noise study of the residential perimeter of the parking lot. 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 designed and is in the process of constructing a concrete block wall (6' minimum height) in the landscaped area of the buffer zone along Marshall Boulevard. The block wall shall be completed within 180 calendar days after recordation of the Resolution Ordering Vacation, pursuant to the 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 A venue, 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. Li!!hting Tribe submitted a photometric study, approved by the City Engineer, prior to the recordation of the 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 SO' 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 phorometric 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. Hvdrolo!!v and Water Oualitv a) Tribe has obtained approval from the City Engineer for the detention basin design and completed the construction of the detention basin. City acknowledges receipt of (I) Hydrology and Hydraulics Report for the Tribal Government Center Surfacing Parking, dated January, 2002; (2) Sheet C-S, titled GRADING, of the Surface Parking Drawings, dated January 3, 2002; and (3) Sheet C-6, titled FLOW DIVERSION 03 13'03 Exhibit "B" 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 A venue. 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 A venue at Victoria A venue, 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 installed a stop sign at the southbound access road at Lynwood Drive. 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. 5. Construction Standards a) Tribe shall obtain a Temporary Encroachment Permit, the issuance of which shall be expedited by City. and shall 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. in connection therewith, which permits shall be issued expeditiously. 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 Wild an in accordance with the standards which have 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 install watch manual signing with flagmen during construction. 6. Turnarounds at Vacated Streets a) Tribe submitted a detailed drawing for the proposed knuckle Tribe shall construct on Marshall Boulevard. City acknowledges 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. 0311 3/03 2 b) Tribe will maintain non-exclusive driveways on the west side of Victoria Avenue for use as an emergency vehicle turnaround while Victoria A venue is used for vehicle ingress and egress, unless the Tribe widens Victoria A venue such that the existing driveways are no longer needed for 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 Ciry. 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. Emen~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 A venue, for secondary emergency access. 9. Buffer Walls a) All construction for buffer walls has been designed by Tribal representatives and approved by the City EngineerlDeputy Director. 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 submitted 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. 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. City shall obtain consent from property owners in order to determine which owners desire the 4' openings and which do not. Tribe submitted detailed plans for raising the grade east of the residence at 2735 Lomita Place. 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 submitted 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, including existing and proposed wall dimensions. The existing block wall and grading on neighbor's property shall be extended to the centerline of Marshall Boulevard with a 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 03!l3:03 3 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 as such utility companies may require to relocate off Reservation poles or underground existing facilities on Marshall Boulevard, east of Rockford A venue. 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. \ 03/13/03 4 ~ MAR-17-03 14:01 ''"",'\ 9094Z50913 POZ R-834 Job-548 Fax:9094250913 Mar 17 2003 12:59 P.02 ~ ~) - \"' 'A, -- ,,,_ J~ -, _ . "" I ' ... r _',"'. _.", I,~ .... ',(oF. -\ "1 "q~ 0 .,' .._,_ \ /.... ,'". . -.::~ J'I '\ . - '- .........';) J 'I', \' , l ,. '1,,' .:.-~ .' I{ " ,,' , . J\ I- ~".rJ' <J", ~ ,\. + ,\., I ',' I' ,'3 IT-,\~ ,... ..... ~ \ , (I,.. - \ I' I , ',.}' ,'\" ':--. ,_' \/~. _.. '....' J~' "",' \ or _ ",... J ..~ "'_ _', ~,:,. 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""0'/ -,~"CItYCI'~IC9C',S~cV/' . >"" . , <:. t ;.,>"... " \ , /. j , , City offSanBinnarilino . .:thIS -~ - I '4.-(1 ~ -/' . -'>-~~",,;f .. \.i....'.- " , /;;iJ",\ " , " c. ,\ ( /,.J, >) ,\' ." ~, , , , ,,,- ", --' ~' ;:}~\E · . , ',,I .{ '/ ) ,.."J... /" ".-:- , --, \ I." , '(.. I, " MAR-17-03 14:01 9094250913 Fax:9094250913 P.01 R-834 Mar 17 2003 12:59 Job-548 P.01 San Manuel T~bal Admin~ralion 26589 Community Center Drive H;ghland CA 92346 Tel: (909) B54-8ll33 Fax: (909) 435-4913 San Manuel Band of Mission Indians - Tribal Administration Fax LEGAL DEPARTMENT TO' Henry Empeno, Deputy City Attomey From: Erin Copeland, General Counsel San Manuel Band of Mission Indians Fax: (909) 384-5238 Ph......: (909) 384-5235 P"ges: 2 Date: 3/1712003 Re: CC: o Urgent For Review o PI.."". Comment 0 PlellSe Reply 0 Please Recycle .. Comments: ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM zeD;')- Iocr Absent 9--- Meeting Date (Date Adopted): j' n - O~ Item # Vote: Ayes l-l,.c. Nays '-' Change to motion to amend original documents: fi S' Resolntion # Abstain 'I Reso. # On Attachments: / Contract term:- Note on Resolution of Attachment stored separately: ~ Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY ~ Date Sent to Mayor: :J' l"i -0 ~:;, Date of Mayor's Signature: ;1.; t <::, c C ~~ Date of Clerk/CDC Signature: :3,' I C1 - C,'-' , Date Mem6tt-etter See Attached: Attached: See Attached: re: 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: 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): Copies Distributed to: City Attorney .,/ Parks & Rec. Code Compliance Dev. Services L Police Public Services Water Notes: Null/VoidAfter: (,,0 DI+\/) )s'ii,C"j I I By: 0 LL<'.:N 0(;,/1 ~ L Reso. Log Updated: Seal Impressed: .----- ./ Date Returned: -- -, Yes .L No By Yes No -?- By Yes No...L By Yes No / By Yes No/ B . y- EDA Finance MIS Others: BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) ReadytoFile:~ Date: :3(d,f03 Revised 01/12/01