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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From:
Dept:
Date:
Garrett W, Zimmon, Chief of
Police
Subject: Resolution of the City of San
Bernardino authorizing the police
department to receive $578,501.95 from the
City upon the City's receipt of an Indian
Gaming Local Community Benefit grant,
and obligating the expenditure of said grant
funds for designated law enforcement
purposes,
Police Departmlj R 1 G 1 N A L
June 1,2004
Synopsis of Previous Council Action:
6-15-04
Grants Ad Hoc Committee approved Request for Council Action to be submitted
to the full Council.
Recommended Motion:
1.
2,
Adopt resolution,
Authorize the addition of:
Five (5) Police Officers ($4,452-$5,603)
One (1) Police Sergeant ($5,761-$7,324)
Direct the Human Resources Department to update Resolution #97-244 (position
Control) to reflect this particular action,
Authorize the Finance Director to amend the Police Department's proposed FY 04/05
budget to reflect the proposed increases in personnel services and capital outlay as
outlined in the attached staff report
3.
4.
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MICHAEL BILLDT, ASSISTANT CHIEF OF POLICE
Contact person:
Capt Robert Curtis
Phone: 384-5606
Supporting data attached: Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
Source:
$578,501.95
Indian Gaming Local Community
Benefit grant
Council Notes:
Finance
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Agenda Item No. 3'/
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Stm}ECT
Resolution of the City of San Bernardino authorizing the Police Department to accept an Indian
Gaming Local Community Benefit grant in the amount of $577,983 and to obligate and expend
grant funds for designated law enforcement expenditures.
BACKGROUND
Existing state law created in the State Treasury the Indian Gaming Revenue Sharing Trust and
the Indian Gaming Special Distribution Fund for the receipt and deposit of moneys received by
the state from Indian tribes pursuant to the terms of tribal-state gaming compacts and authorizes
the expenditure of those funds for specified purposes. SB 621 (Battin) enacted on October 11,
2003, amended Section 12012.85 of, and added Chapter 7.5 (commencing with Section 12710)
to Part 2 ofthe Government Code, related to Indian gaming.
Section 12012.85, as amended, provides that funding deposited into the Indian Gaming Special
Distribution Fund are available for specified purposes, including grants for the support of local
government agencies impacted by tribal gaming.
New Chapter 7.5 defines the process of awarding grants of Indian gaming revenue to local
government agencies. Funding is deposited into each county's County Tribal Casino Account by
a defined formula. The State Controller, acting in consultation with the California Gaming
Control Commission, then divides the County Tribal Casino Account into Individual Tribal
Casino Accounts for each tribe that operates a casino within the county based. The amount is
based on the percentage that each individual tribe paid in the prior fiscal year to the Indian
Gaming Special Distribution Fund.
Each county in which Indian gaming is conducted created an Indian Gaming Local Community
Benefit Committee. This committee reviews grant applications submitted by local government
and makes recommendations for grant awards based on the following priorities: law
enforcement, fire services, emergency medical services, environmental impacts, water supplies,
waste disposal, behavioral, health, planning and adjacent land uses, public health, roads,
recreation and youth programs, and child care programs. Grant awards selected by each county's
Indian Gaming Local Community Benefit Committee are administered by the county.
Sixty percent of each individual tribal casino account is available for nexus grants on a yearly
basis to cities and counties according to the following four-part nexus test.
. Whether the local government jurisdiction borders the tribal land on all sides.
. Whether the local government jurisdiction partially borders tribal lands.
. Whether the local government jurisdiction maintains a highway, road, or other
thoroughfare that is the predominant access route to a casino that is located within
four miles.
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. Whether all or a portion of the local government jurisdiction is located within four
miles of a casino.
Available sixty percent nexus grant funds may be awarded to local government jurisdictions as
follows:
. Fifty percent is available to jurisdictions that meet all four of the nexus test criteria.
. Thirty percent is available to jurisdictions that meet three of the nexus test criteria.
. Twenty percent is available to jurisdictions that meet two of the nexus test criteria.
The police department submitted a grant application requesting $577,983 in grant funds from the
Indian Gaming Special Distribution Fund to mitigate the impacts associated with the San Manuel
Band of Mission Indians Casino. Using funding from the Sixty Percent Nexus Grant, the police
department will deploy two additional police officers each day, seven days a week to patrol and
respond to calls for service in the area surrounding the casino. Their beat boundaries, hours of
operations, and duties and responsibilities will be defined in a Memorandum of Understanding
between the police department and sheriff's department that is under development.
To accommodate this deployment, the police department will need five additional police officer
positions added to the table of organization. Additionally, one police sergeant will be needed to
maintain the appropriate, one supervisor for each five officers ratio required for adequate field
supervision. The application also requested grant funding to purchase and equip two marked
police units.
Using the nexus test criteria, the Indian Gaming Local Community Benefit Committee has
determined that the City of San Bernardino meets three of the four nexus test requirements and
has awarded the police department the requested $577,983 grant.
The Chief of Police has submitted the FY 04/05 Indian Gaming Local Community Benefit Grant
expenditure plan outlining the approved grant expenditures (Exhibit A).
FINANCIAL IMPACT
The police department will be using $577,983 in FY 04/05 Indian Gaming Local Community
Benefit Grant funds to cover the salaries and benefits of five additional police officer positions,
one additional police sergeant's position, and two fully equipped marked police units. These
positions would be eliminated in subsequent fiscal years should grant funding not be approved
annually hereafter.
RECOMMENDATION
Adopt resolution.
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RESOLue~. '""""' 'V
RESOLUTION OF THE CITY OF SAN ~RNARDJ.NO AUTHORIZING THE
POLICE DEPARTMENT TO RECEIVE $578,501.95 FROM THE CITY UPON THE
CITY'S RECEIPT OF AN INDIAN GAMING LOCAL COMMUNITY BENEFIT
GRANT AND OBLIGATING THE EXPENDITURE OF SAID GRANT FUNDS FOR
DESIGNATED LAW ENFORCEMENT PURPOSES.
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10 Indian Gaming Local Community Benefit Grant and obligating the expenditure of said grant funds
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BE IT RESOLVED BY THE MA YORAND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor and Common Council of the City of San Bernardino do hereby
authorize the police department to receive $578,501.95 from the City upon the City's receipt of an
for law enforcement expenditures designated in the attached Expenditure Plan submitted by the
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Chief of Police (Attachment" A") and as more fully set forth in the accompanying staff report for
this agenda item.
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
POLICE DEPARTMENT TO RECEIVE $578,501.95 FROM THE CITY UPON THE
CITY'S RECEIPT OF AN INDIAN GAMING LOCAL COMMUNITY BENEFIT
GRANT AND OBLIGATING THE EXPENDITURE OF SAID GRANT FUNDS FOR
DESIGNATED LAW ENFORCEMENT PURPOSES.
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, held on
the _ day of
, 2004, by the following vote, to wit:
Council Members:
Abstain
Absent
Ayes
Nays
ESTRADA
LONGVILLE
MCGINNIS
DERRY
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17 JOHNSON
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KELLEY
McCAMMACK
City Clerk
The foregoing resolution is hereby approved this _ day of
,2004.
Judith Valles, Mayor
City of San Bernardino
Approved as to form and
Legal content;
James F. Penman, City Anorney
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Attachment 'A'
SAN BERNARDINO POLICE DEPARTMENT
FY 04/05 INDIAN GAMING LOCAL COMMUNITY BENEFIT GRANT
LINE ITEM BUDGET
Account Description QW1
001-213-5011/5029 (5) police officers P-I 's) $395,135
001-213-5011/5029 (1) police sergeant (P-3) 130.300
Total personnel costs $525,435
001-213-5701 (2) fully equipped police units 53 067
Total capital outlay $ 53, 067
TOTAL GRANT BUDGET $578,502
001-213-59210
Credit - Federal & State Grants <$578,502>
NET IMPACT ON GENERAL FUND
-0-