HomeMy WebLinkAbout1986-457
1
RESOLUTION NO. 86-457
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF SAN
3 BERNARDINO RELATING TO FUNDS RECEIVED UNDER THE SETTLEMENT
AGREEMENT WITH THE SAN MANUEL BAND OF MISSION INDIANS.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor of the City of San Bernardino is hereby
7 authorized and directed to execute on behalf of said City a
8 Memorandum of Understanding with the County of San Bernardino
9 relating to funds received under the settlement agreement with the
10 San Manuel Band of Mission Indians, a copy of which is attached
11 hereto, marked Exhibit "A" and incorporated herein by reference as
12 fully as though set forth at length.
13 I HEREBY CERTIFY that the foregoing resolution was duly
14 adopted by the Mayor and Common Council of the City of San
15 Bernardino at a
regular
meeting thereof, held on
16 the 3rd
17 to wit:
November
, 1986, by the following vote,
day of
18
19
20
21
22
23
24
Council Members
Estrada, Reilly, Marks, Ouiel,
AYES:
Frazier, Strickler
NAYS:
None
ABSENT:
Council Member Hernandez
~aF7j'lt~~W
// City Clerk
approved
.f/~.L day
The foregoing resolution
25 of
26
27 AP~T7'0~'~~
28 City Attorney
October
, 1986.
1 M E M 0 RAN DUM 0 FUN D E R S TAN DIN G
2
3 This Memorandum of Understanding is entered into this 10th
4 day of November ,1986, by and between the City of San
5 Bernardino, a charter city, hereinafter designated "City", and the
6 county of San Bernardino, a charter county, hereinafter designated
7 "County".
8 RECITALS
9 WHEREAS, the City and the County have negotiated a settlement
10 of litigation entitled City of San Bernardino, et ale v. San
11 Manuel Band of Mission Indians, et al., united States District
12 Court (Central District California) No. J-85-6899 WJR (Bx)
13 concerning the establishment and operation by the defendants in
14 that litigation of a bingo facility on the San Manuel Reservation;
15 and
16 WHEREAS, the City and County, as part of those negotiations,
17 will be receiving funds from the defendants in the subject
18 litigation for the purpose of mitigating the effects of the
19 establishment and operation of said bingo project; and
20 WHEREAS, the City and County desire to agree in advance how
21 any such receipts and any interest generated thereon will be
22 uti 1 i zed,
23 NOW, THEREFORE, in consideration of the mutual interests of
24 city and County in the resolution of the Indian Bingo mitigation
25 efforts, and in anticipation of receipt of funds, agree as
26 follows:
27 1. All funds received as a result of settlement of the above
28 entitled litigation shall be turned over to the City for
1 allocation and expenditure under the terms of this Memorandum of
2 understanding. All of said funds and interest generated thereon
3 shall be used by City for the following purposes in order of
4 priority, except as specifically provided otherwise by this
5 agreement:
6 A. The accomplishment of the following physical
7 improvements:
8 1. Upgrade of traffic signal at Highland and Victoria
9 Avenue to provide for a left turn lane with signal element from
10 Highland Avenue on to victoria Avenue. The estimated cost of this
11 improvement is $50,000.00.
12 2. Erection of a barrier on piedmont Avenue to preclude
13 vehicular travel between Piedmont Avenue and victoria Avenue. It
14 is intended that a portion of said barrier will be designed to
15 permit passage of emergency vehicles between Victoria and Piedmont
16 Avenues. The estimated cost of this improvement is $41,000.00.
17 3. Extension of piedmont Avenue east. The estimated
18 cost of this improvement is $113,000.00.
19 4. It is specifically understood and agreed by and
20 between the parties that should the City receive developer
21 contributions toward the cost of extension of Piedmont, at
22 whatever time said developer contributions may be received, those
23 funds shall be distributed in accordance with paragraph 1.D. of
24 this agreement or applied to meet the compensation fund sum of
25 paragraph 1.B.
26 B. The establishment of a compensation fund to help relieve
27 the impact of the bingo operations on neighboring property owners.
28 The sum of $300,000.00 shall be set aside from funds received from
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"I
1 the settlement of the aforesaid litigation. It is further agreed
2 and understood by and between the parties that neither party to
3 this agreement assumes responsibility for the distribution of any
4 of such funds; that a separate, impartial method will be designed
5 to accomplish that result; and that the cost of distributing any
6 such monies shall be borne from the funds placed in the
7 compensation fund.
8 C. construction of a box culvert on Lynwood Avenue west of
9 Victoria to eliminate the dip in the road at the location of the
10 flood control channel, at an estimated cost of $250,000.00.
11 D. Any additional funds received or available pursuant to
12 the terms of the settlement of the litigation entitled City of San
13 Bernardino, et ale v. San Manuel Band of Mission Indians, et al.,
14 shall be deposited by the City in a separate fund which shall
15 accrue interest. The parties agree that all of such funds shall
16 be used to accomplish public improvements to mitigate the effects
17 of the Indian Bingo operations within the area bounded by Arden,
18 Lynwood, Victoria, and Highland Avenue. Such improvements shall
19 be recommended by the County Director of Transportation and the
20 City Engineer with final approval by the San Bernardino City ,
21 Council and San Bernardino County Board of Supervisors.
22 2. City shall provide County with an annual accounting of
23 funds received and expended pursuant to this Memorandum of
24 understanding.
25 3. This Memorandum of Understanding shall not obligate the
26 parties hereto to any expenditures or use of funds except for
27 those monies received in settlement of the above-referenced
28 lawsuit and this Memorandum of Understanding shall not be
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1 construed to grant any rights or benefits to any third party
2 benef ic iary or other person.
3
4 DATED: ~OV 1 0 1986
5
6
, 1986
COUNTY OF SAN BERNARDINO
7
By ~~,...
Robert L. Hammock, Chairman
Board of Supervisors of the
County of San Bernardino
8
MARTHA SEKERAK
Clerk of the Board of Supervisors
r'-/~/7
9
10 By
Deputy
11
APPROVED AS TO FORM:
12
ALAN K. MARKS
13 County Counsel
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
MARTHA M. SEKERAK
Clerk of the Board of Supervisors
e County of n Bernardino
By
14 By ~\f)(.J().i-li!<
15 "Deputy County tounsel
16
17 DATED:
18 ATTEST:
19
/
:~lJttt,;;JitU -</
',1+~
/L' ~/
By
b.... /~'},
20 By ..ur/7/$/:J~~~U'>I/
/Ci ty Clerk
21
Approved as to form:
22
23 c::e~~A-'~
City Attorney
24
25
26
27
28
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MINUTES OF THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
Filed: Permits-Bingo, Gen'l;
Inc C't' San Bdno November 10, 1986
. ~ ~es- . ;
Co. Counsel;
Agrees. 86-944, 86-1017
FROM: LYNN KIRKHOFER, Assistant
County Administrative Officer
SUBJECT: County of San Bernardino and City of San Bernardino
agreement regarding distribution of anticipated pro-
ceeds from defendants in CITY OF SAN BERNARDINO, COUNTY
OF SAN BERNARDINO, et ale vs. SAN MANUEL BAND OF
MISSION INDIANS, et al.,
U.S. District Court Case No: J 85-6899 WJR(Bx)
RECOMMENDATION:
Approve Memorandum of Understanding and authorize Chairman
of the Board of Supervisors to execute agreement.
BACKGROUND:
The settlement of the above referenced case resulted in
anticipated payments by Defendants of $1,150,000.00 over a
period of at least seven (7) years. Some of the funds are
specified as part of that settlement to be used for particu-
lar mitigation measures. Additionally, this agreement pro-
vides that some proceeds will be set aside in a fund from
which to compensate neignboring property owners and for the
City's establishment of a fund to accomplish public improve-
ments within the area bounded by Arden, Lynwood, Victoria
and Highland. The improvements are to be jointly agreed
upon by the Board of Supervisors and the San Bernardino City
Council.
REVIEW:
Deputy County Counsel, Susan A. Hopkins
cc:
Coun~ Counsel-~ ~itz
wI au~,:mpnt'
City of San Bernardino
clo County Counsel
Auditor w/agreenent
CAD-Lynn Kirkhofer w/agree.,
Transportation-Walker wI agr
Risk 11anagenent
File w/agreem:mt
Action of the Board of Supervisors
AGREEMENT NO. 86-1017
APPROVED BOARD OF SUPERVISORS
COUNTY OF SAN BERNARDINO
x
5
14-9507-000
Rev. 10/81
62
f7
IllMAU>.
';/_ . COUNTY OF SAN BERNARDINO
CONTRACT TRANSMITTAL
County Department CONTRACT N UMBE R
Administrative Office 86-1017
County Department Contract Representative
LYNN KIRKHOFER Ph. Ext87-5413 o Renewable o Terminates
Date:
Budget Unit No. I Sub-Object No. I Fund No. I Job No. I Amount of Contract
Check One: o Expenditure o Revenue If contract has more than one payment or receipt,
S.S.A.# complete the following.
or Federal Number of payments:
Employer 'D # Estimated amount of each: $
Contractor:
City of San Bernardino
Contractor's Representative: Ralph Prince
Address:
City Hall, San Bernardino, CA
Phone: 383-5355
Nature of Contract: (Briefly describe the general terms of the contract)
This agreement provides for the distribution and use of funds obtained
in settlement of the lawsuit of City and County v. San Manuel Band of
Mission Indians, et al., Case No. CV 85-6899-WJR (Bx).
(Attach this transmittal to all contracts not prepared on the "Standard Contract" form.)
:ppr~o~eQ.r'J; .,
County Counsel
02-12294-107
Reviewed as to budget expenditure
~
County Administrative Office
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