CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 1, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Joshua Dramitinos, Deputy Director of Economic Development Department: Economic Development
Subject: Encroachment Permit and Covenant Agreement with the San Manuel Band of Mission Indians (Ward 4)
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2024-079 of the Mayor and City Council of the City of San Bernardino, California, authorizing and directing the City Manager to execute an Encroachment Permit and Covenant Agreement with the San Manuel Band of Mission Indians, a federally recognized Indian tribe, for the encroachment of two improvements that include an above ground wayfinding sign and a primary directional monument sign located at Victoria Avenue north of Lynwood Drive and southwest of Piedmont Drive, San Bernardino, California.
Executive Summary
The San Manuel Band of Mission Indians, a federally recognized Indian tribe, is in the process of improving directional signage located adjacent to the Yaamava gaming facility. The purpose of the improvements is to enhance directions for ingress, egress, and parking facilities for patrons visiting the area attractions. Approval of the encroachment permit will allow for the two improvements to encroach the public right- of-way.
Background
On January 30, 2024, the Public Works Department received a request from the San Manuel Band of Mission Indians, a federally recognized Indian tribe, for a permit to permanently encroach areas located within the public right-of-way within the City of San Bernardino, California. The proposed encroachment area is near Victoria Avenue southwest of Piedmont Drive, attached herein and referred to as “Exhibit A”.
The San Manuel Band of Mission Indians, a federally recognized Indian tribe, is in the process of improving directional signage located adjacent to the Yaamava gaming facility. The purpose of the improvements is to enhance directions for ingress, egress, and parking facilities for patrons visiting the area attractions. The plans call for an above ground sign to be installed across Victoria Avenue. The sign will have two support legs which will fall in the public right-of-way. Additionally, the plans include a directional monument sign that will include lane assignments to be installed on Victoria Avenue prior to approaching to the above ground sign located across Victoria Avenue.
Discussion
The City’s Encroachment Permit and Covenant Agreement for permanent encroachments within the public right-of-way protects the City’s interest in the right-of- way while giving the Permittee permission to occupy the right-of-way in such a manner as to have as little impact to the public’s use as possible. If in the future, the City requires the reconfiguration or modification of the public right-of-way, the permission granted within the Encroachment Permit and Covenant Agreement is subservient to the City’s paramount right and interest in the public right-of-way. Pursuant to the Agreement the Permittee shall indemnify, defend, and hold harmless the City from any costs, claims, damages, injuries, or liability arising from the Licensee’s use of the public right-of-way under the License Agreement.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 4 Economic Growth & Development. The approval of this Encroachment Permit and Covenant Agreement helps the property owner ensure that the City is clean and attractive while also protecting the City’s right of way for future use.
Fiscal Impact
There is no impact to the general fund. An administrative fee of $346 will be collected for each year Agreement remains in effect, due on the first of each year.
Conclusion
It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2024-079 of the Mayor and City Council of the City of San Bernardino, California, authorizing and directing the City Manager to execute an Encroachment Permit and Covenant Agreement with the San Manuel Band of Mission Indians, a federally recognized Indian tribe, for the encroachment of two improvements that include an above ground wayfinding sign and a primary directional monument sign located at Victoria Avenue north of Lynwood Drive and southwest of Piedmont Drive, San Bernardino, California.
Attachments
Attachment 1 - Resolution No. 2024-079
Attachment 2 - Application
Attachment 3 - Exhibit A - Legal Description
Attachment 4 - Exhibit B - Project Location
Attachment 5 - Exhibit C - Plans
Attachment 6 - Agreement; dated May 1, 2024
Ward:
Fourth Ward
Synopsis of Previous Council Actions:
None