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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From:
Councilman Neil Derry
Fourth Ward
Subject: Resolution of the Mayor and
Common Council in Support of
the 2006 Compact Amendment
between the San Manuel Band of
Mission Indians and the State
of California
Dept.
Council Office
Date:
April 13, 2007
MCC Date: April 16, 2007
Synopsis of Previous Council Action:
Recommended Motion:
That Resolution be adopted.
Jid V2F
Signature
Contact Person: Councilman Neil Derry
Supporting Data Attached:
Phone:
5178
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.l
(Acct. DescriDtionl
Finance:
Council Notes:
Agenda Item No.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO IN SUPPORT OF THE 2006 COMPACT AMENDMENT BETWEEN THE
SAN MANUEL BAND OF MISSION INDIANS AND THE STATE OF CALIFORNIA.
WHEREAS, the San Manuel Band of Mission Indians ("Tribe") is a federally
recognized Indian Tribe within the geographic boundaries of the County of San Bernardino
and adjacent to the City of San Bernardino ("City"); and
WHEREAS, under the Indian gaming regulatory Act of October 17, 1988 (P.L. 100-
497), 25 U.S.C. 2701, et seq. ("!GRA"), the Tribe may engage in gaming as a means of
raising Tribal revenues, thus achieving self-sufficiency and strengthening Tribal
governance; and
WHEREAS, the Tribe has recently negotiated an amendment to their May 2000
Compact between the Tribe and the State of California; and
WHEREAS, the Tribe has operated a bingo and casino project ("Project"), known as
the San Manuel Indian Bingo & Casino for many years, which has helped the Tribe in
developing Tribal government programs which address the Tribe's housing, healthcare,
educational, elderly, employment and job training needs; and
WHEREAS, the Project has been instrumental in creating some 3,500 jobs in our
local economy, not to mention the impacts derived from taxes and the procurement of
goods and services; and
WHEREAS, the Tribe has had a major impact on the local communities providing
non-gaming jobs and has a strong economic investment in the surrounding region; and
WHEREAS, the Tribe has been responsive to the potential impacts of its Project,
responsibly mitigating environmental and other impacts; and
WHEREAS, the Tribe has a 1999 Tribal-State Gaming Compact currently in effect
that permits the Tribe to currently operate a maximum total of 2,000 Class III gaming
machines ("slot machines"); and
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WHEREAS, the Tribe has recently negotiated an amendment to its existing Tribal-
State Gaming Compact with the Govemor of the State of Califomia to increase the number
of slot machines that the Tribe would be able to operate to 7,500; and
WHEREAS, with an increase in patronage, due to the addition of slot machines,
significant and substantial increased adverse environmental, socioeconomic, public safety,
and social service impacts on the City of San Bemardino community and residents can be
reasonably expected to occur, induding additional crime, traffic congestion, pollution of
the environment, noise, and problem gamblers; and
WHEREAS, in the event of an expansion of the Project, the Tribe would be required
to enter into a Memorandum of Understanding with the City of San Bemardino to mitigate
the adverse effects of the off-reservation impacts; and
WHEREAS, substantially more accelerated funding will be quickly needed from the
Tribe to mitigate the anticipated increase of adverse impacts that will reverberate beyond
reservation boundaries if the proposed 2006 Compact Amendment is ratified; and
WHEREAS, the Tribe has continuously been a generous neighbor to the City of San
Bemardino and surrounding communities through outreach and charitable giving to
private enterprises and grants to govemmental entities.
NOW, THEREFORE be it resolved that the Mayor and Common Council of the City
of San Bemardino support the amended compact with the Tribe and its ratification by the
Califomia Legislature, and that the Mayor and Common Council strongly urge and request
that the Califomia Legislature reauthorize Senate Bill 621 (Battin, 2003) that will expire in
January 2009 to extend the provisions of that legislation to be concurrent with the terms
of the amended compact with the Tribe. 8B 621 is a critical piece of legislation that
created the Indian Gaming Special Distribution Fund for the receipt and deposit of monies
received by the State from the gaming compact and authorizes monies in the fund to be
distributed to communities surrounding and severely impacted by the state-authorized
gaming activities to mitigate for such impacts. The mO';lies which the City of San
Bemardino has received through SB 621 have been critical to the ability of the City of San
Bemardino to provide the increased law enforcement presence necessary in the
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community surrounding the Tribe's gaming operations; and, if the amended compact is
approved and SB 621 is allowed to expire, the City of San Bernardino will be unable to
provide the additional law enforcement required to mitigate the public safety issues
created by the state-authorized gaming compact.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO IN SUPPORT OF THE 2006 COMPACT AMENDMENT BETWEEN
THE SAN MANUEL BAND OF MISSION INDIANS AND THE STATE OF
CALIFORNIA.
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
,2007, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MC CAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
day of
2007
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to form:
JAMES F. PENMAN
City Attorney
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