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HomeMy WebLinkAbout18-Mayor CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION From: Mayor Patrick J. Morris Subject: Resolution of the Mayor and Common Council of the City of San Dept: Mayor's Office Bernardino ratifying the submittal of the Indian Gaming Local Community Benefit Date: March 24, 2011 grant in the amount of$1,328,204 for FY 11/12, and authorizing the expenditure of said grant for the designated law enforcement purposes as outlined in the grant budget. M/CC Meeting Date: April 18, 2011 Synopsis of Previous Council Action: 03-29-2011 Grants Ad Hoc committee recommended Request for Council Action to be submitted to full Council. 05-04-2009 Resolution#2009-110,authorizing the City Manager to execute and administer the grant agreement with the County of San Bernardino concerning the use of FY 08/09 and FY 09/10 Indian Gaming Special Distribution funds. 03-02-2009 Resolution#2009-43,ratifying the submittal of two Indian gaming Local Community Benefit grants in the amount of$525,637.81 for FY 08/09 and$985,241.00 for FY 09/10. 11-03-2008 Resolution#2008-47,authorizing the City Manager to amend the agreement between the County of San Bernardino and the City concerning the use of Indian Gaming Special Distribution Funds. 08-20-2007 Resolution#2007-361,authorizing the City Manager to execute and administer two grant agreements with the County of San Bernardino concerning the use of FY 07-08 Indian Gaming Special Distribution Funds. 02-20-2007 Resolution#2007-62 of the City of San Bernardino ratifying the submittal of two Indian Gaming Local Community Benefit grants in the amount of$1,537,287.60 and$1,082,700.00. 02-21-2006 Resolution #2006-60, authorizing the execution of a grant agreement with the County of San Bernardino concerning the use of FY 06-07 Indian Gaming Special Distribution Funds in the amount of$936,000. 07-05-2005 Resolution #2005-231, authorizing the execution of a grant agreement with the County of San Bernardino concerning the use of FY 05-06 Indian Gaming Special Distribution Funds in the amount of$700,000. Recommended Motion: Adopt resolution. P TRICK J. ORRIS, MA Contact person: Peggi Hazlett Phone: 384-5133 Supporting data attached: Grant application, staff report&resolution. Ward: 4th FUNDING REQUIREMENTS: Amount: $ 1,328,204.00 Source: Indian Gaming Local Community Benefit Committee grant Council Notes: Finance: Agenda Item No. N CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subiect: Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of the Indian Gaming Local Community Benefit grant in the amount of$1,328,204.00 for FY 2011-12 and authorizing the expenditure of said grant for the designated law enforcement purposes as outlined in the grant budget. Background: Section 12012.85 of the Government Code 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. 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 it is geographically located. The amount is based on the percentage that each individual tribe paid in the prior fiscal year to the Indian Gaming Special Distribution Fund. In FY 2004-05, the City of San Bernardino, on behalf of the Police Department, was the recipient of an Indian Gaming Local Community Benefit grant in the amount of $578,501.95 from the Indian Gaming Special Distribution Fund. This grant funding was used to mitigate the impact of the San Manuel Band of Serrano Indians Bingo and Casino facility. Using grant funding, the Police Department deployed two additional police officers each day, seven days a week to patrol and respond to calls for service in the area surrounding the casino. To accommodate this deployment, the police department added five additional police officer positions to the organization. One police sergeant's position was added to maintain the appropriate, one supervisor for each five officers ratio required for adequate field supervision. Additionally, grant funding was used to purchase two marked police units. For FY 2005-06, the City of San Bernardino was the recipient of an Indian Gaming Local Community Benefit Committee grant in the amount of$700,000 from the Indian Gaming Special Distribution Fund. This grant funding was used to mitigate the impact of the San Manuel Band of Serrano Mission Indians Bingo and Casino facility. Using grant funding for six police officer positions, the Police Department deployed two additional police officers each day, seven days a week to patrol and respond to calls for service in the area surrounding the casino facility. One police sergeant's position was funded to maintain the appropriate, one supervisor for each five officers ratio required for adequate field supervision. For FY 2006-07, the City of San Bernardino was once again the recipient of an Indian Gaming Local Community Benefit Committee grant in the amount of$700,000 from the Indian Gaming Special Distribution Fund. This grant funding was used to mitigate the impact of the San Manuel Band of Serrano Mission Indians Bingo and Casino facility by continuing the 1 deployment of the six police officer positions and one police sergeant each day, seven days a week to patrol and respond to calls for service in the area surrounding the casino facility. For FY 2007-08, the City of San Bernardino on behalf of the Police Department was once again the recipient of an Indian Gaming Local Community Benefit Committee grant in the amount of $806,900 from the Indian Gaming Special Distribution Fund. This grant funding was used to mitigate the impact of the San Manuel Band of Serrano Mission Indians Bingo and Casino facility by continuing the deployment of the six police officer positions and one police sergeant each day, seven days a week to patrol and respond to calls for service in the area surrounding the casino facility. In addition, the City of San Bernardino used carryover funds to purchase a traffic response trailer equipped with traffic cones and barricades used to respond to traffic congestion issues and to support emergency evacuations around the Reservation. In addition to being awarded the grant for policing services, in FY 2007-08 the City of San Bernardino was the recipient of a grant for $398,190.82 for the Marshall Blvd. & Lynwood Ave. Street Improvement Project. Unfortunately, at the end of FY 2007-08 it was the belief of the Indian Gaming Local Community Benefit Committee that the grant funds received through the Special Distribution Fund would no longer be available to local jurisdictions due to the Governor's vetoing of the funds. Therefore, on November 3, 2008, city staff recommended the reallocation of the Marshall/Lynwood Street Improvement Project grant received on April 19, 2007 for law enforcement services for FY 2008-09. Subsequent to this action, California State Assembly Majority Leader Anthony Torrico authored Assembly Bill 158. The purpose of AB 158 was to enact changes to the way the SDF grants were distributed and accounted for in a manner that would address the concerns raised by the Governor's veto of the funds. The County of San Bernardino was notified in January of 2009 that the Special Distribution Funds would be available to local jurisdictions through the grant process. The grant application for FY 2008-09 totaled $984,698.00. After deducting the reallocated Street Improvement grant monies with accrued interest and the additional grant carryovers form FY 2007-08, the total amount awarded was $ 525,637.81. This grant funding was used to mitigate the impact of the Casino facility by continuing the deployment and to backfill any expenditures for FY 2008-09 for the salaries and benefits for six officers and one police sergeant position, as well as the necessary support equipment. For FY 2009-10 the City of San Bernardino was awarded grant funds in the amount of $985,241.00 for the continued deployment of the six police officers and one police sergeant position each day, seven days a week to patrol the area around the reservation. In addition to salaries and benefits, funds were used for designated support equipment. For FY 2010-11 the City of San Bernardino and the San Manuel Band of Serrano Mission Indians entered into a Memorandum of Understanding (MOU) to continue funding the 2 designated services with the caveat that if Special Distribution Funds were to come available during any period of the MOU, the City would apply for a grant to be designated for policing services and designated support equipment. In October 2010, the Governor of California approved a 2010-11 budget trailer bill, Senate Bill 856, that included an appropriation of$30,000,000 from the Indian Gaming Special Distribution Fund to provide local government agencies with grant funds for mitigating the impacts of tribal gaming. This appropriation restored funding originally deleted from the State's 2007-08 budget. Of the $30 million available, the State Controller's Office has determined that San Bernardino Local Government Jurisdictions (Cities, County, and Special Districts) are eligible to receive a total of $2,031,589.61. After deducting the 2% administrative cost allocated to the County, $1,990,958 is available in the Indian Gaming Local Distribution Fund for local grant awards. The Chief of Police has determined the staffing and equipment needs for the Police Department to mitigate the impact of the casino facility. Grant funding will be utilized to fund the expenditures as outlined in the grant budget and narrative. The City of San Bernardino respectfully submitted the attached grant application in the amount of$1,328,204.00 to the County of San Bernardino Administrative Office by the grant deadline of March 31, 2011. As required by AB 158, the County Administrative Office will be submitting qualified grant applications and project descriptions received to the San Manuel Band of Mission Indians Tribal Council for review by April 8, 2011. The Tribe will determine which grants are approved for sponsorship and submit letters of support and a prioritized list of projects to the Indian Gaming Local Community Benefit Committee and the County Administrative Office by April 22, 2011. The IGLCBC is scheduled to meet to fund the sponsored grant applications on May 5, 2011. The IGLCBC is comprised of seven members as determined by SB 621; two Tribal Members; two County Supervisors; and three local elected officials from impacted cities. Current members include: Tribal Members Lyn Valbuena and Audrey Martinez; County Supervisors Neil Derry and Janice Rutherford; City Elected Officials Mayor Patrick J. Morris, Council member Rikke Van Johnson from the City of San Bernardino, and Council member Larry McCallon from the City of Highland. The deadline for submittal of approved projects to the State Controller is May 13, 2011. Once the grant is approved and awards have been determined, an agreement will be brought back to the Mayor and Common Council for approval. Financial Impact: If the grant application for FY 11/12 is awarded in the requested amount of$1,328,204.00 all funds will be allocated for the salaries and benefits and designated support equipment as described in the grant application. However, if the grant award is not at the full amount requested, the City of San Bernardino will be able to request additional funding via the Memorandum of Understanding with the San Manuel band of Mission Indians that will continue the funding of designated services. 3 Recommendation: 1. Adopt resolution. 4 1 RESOLUTION NO. COPY 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 3 SAN BERNARDINO RATIFYING THE SUBMITTAL OF THE INDIAN GAMING LOCAL COMMUNITY BENEFIT GRANT IN THE AMOUNT OF $ 1,328,204.00 FOR 4 FY 11/12 AND AUTHORIZING THE EXPENDITURE OF SAID GRANT FOR THE DESIGNATED LAW ENFORCEMENT PURPOSES AS OUTLINED IN THE GRANT 5 BUDGET. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 7 CITY OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. The Mayor and Common Council of the City of San Bernardino do hereby 9 ratify the submittal of the Indian Gaming Local Community Benefit Committee grant in the 10 11 amount of$ 1,328,204.00 for FY 11/12 for designated law enforcement purposes. 12 13 SECTION 2. If awarded, grant funds will be included in the FY 11/12 budget and the 14 Chief of Police is authorized to expend grant funds for designated law enforcement expenditures 15 outlined in the grant budget and budget narrative attached herein as Attachment `A'. 16 17 18 19 20 21 22 23 24 25 26 27 28 i 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RATIFYING THE SUBMITTAL OF THE INDIAN GAMING 2 LOCAL COMMUNITY BENEFIT GRANT IN THE AMOUNT OF $ 1,328,204.00 FOR 3 FY 11/12 AND AUTHORIZING THE EXPENDITURE OF SAID GRANT FOR THE DESIGNATED LAW ENFORCEMENT PURPOSES AS OUTLINED IN THE GRANT 4 BUDGET. 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 7 Common Council of the City of San Bernardino at a regular meeting thereof, held on the 18th day 8 of April, 2011 by the following vote, to wit: 9 Council Members: Ayes NTys Abstain Absent 10 11 MARQUEZ 12 VACANT 13 BRINKER 14 SHORETT 15 KELLEY 16 JOHNSON 17 McCAMMACK 18 19 20 City Clerk 21 The foregoing resolution is hereby approved this day of , 2011. 22 Patrick J. Morris,Mayor 23 City of San Bernardino 24 Approved as to form: 25 .� BY:C� 26 Jam . P man, City Attorney 27 28 2 1 County of San Bernardino Indian Gaming Special Distribution Fund (SDF) Local Government Mitigation Grant Application and Procedures FY 2010-11 Table of Contents Local Government Mitigation Grant Application Timeline - FY 2010-11 ...................2 Local Government Mitigation Grant Application Procedures - FY 2010-11 ..............3 ApplicationProcess......................................................................................................3 ApplicationReview.......................................................................................................4 Reference Material & Definition of Terms.....................................................................5 SpecialNotes...............................................................................................................6 Local Government Mitigation Grant Application - FY 2010-11...................................7 Agency Contact Information.........................................................................................7 ImpactingCasinos........................................................................................................7 ProjectCosts................................................................................................................7 GrantType ...................................................................................................................8 Detailed Project Information.........................................................................................8 GrantRequirements.....................................................................................................9 Attachments Budget Template.xls 2 Indian Gaming Special Distribution Fund (SDF) Local Government Mitigation Grant Application Timeline - FY 2010-11 County of San Bernardino 03/14/11 ........................ Applications Formally Released 03/31/11 ........................ Deadline to Submit Application and Project Information to County Administrative Office 04/08/11 ........................ County Administrative Office Distribution of Application Recommendations to SDF Paying Tribes 04/22/11 ........................ Recommended Deadline for Tribes to Submit Letters of Support and a Prioritized List of Projects to Committee and County Administrative Office Tribal sponsorship shall confirm that the grant application has a reasonable relationship to a casino impact and satisfies at least one of the priorities identified. 05/05/11........................ Committee to approve sponsored applications (Tentative). 05/13/11 ........................ Deadline for County Administrative Office to submit Approved Projects to State Controller 10/01/11 ........................ Deadline for County to Provide an Annual Report to the Legislature i i 3 Indian Gaming Special Distribution Fund (SDF) �.... Local Government Mitigation Grant Application Procedures - FY 2010-11 County of San Bernardino Application Process I. The Indian Gaming Local Community Benefit Committee (CBC) formally authorized the release of grant applications on March 14, 2011. Applications may be obtained by calling the San Bernardino County Administrative Office at (909) 387-4635; Attention: Tom Forster. II. Application Submittal: a. 60% Nexus Grants and 20% Non-Nexus Grants' & 20% Non-Nexus, Non- Paying Tribes' — Eligible jurisdictions shall submit completed application(s), with authorized signature, by March 31, 2011 by no later than 5:00 P.M., to: San Bernardino County Administrative Office Attn: Tom Forster 385 North Arrowhead Avenue, Fourth Floor San Bernardino, CA 92415-0120 San Manuel Indian Gaming & Casino Attn: James Ramos, Chairperson 26569 Community Center Drive Highland, CA 92346 b. Complete and concise applications will enable a thorough evaluation and ensure that proposal(s) are given full consideration. III. The County Administrative Office will conduct a review of the applications received and determine their relationship to casino impacts. If appropriate, the County will certify that the application satisfies at least one of the priorities identified in AB 158 (Government Code 12715(g)). The County Administrative Office will forward a list of applications that satisfy at least one of the priorities identified in AB 158 to the Tribal government paying into the SDF for sponsorship by April 8, 2011. Tribal governments paying into the SDF must develop a prioritized list of sponsored applications and forward the list and the sponsored applications to the County Administrative Office by April 22, 2011. A letter signed by the authorized Tribal representative indicating Tribal sponsorship must accompany each sponsored application. Refer to the"Definition of Terms"section for an explanation of these grant types. 4 IV. The Committee will assess the eligibility of jurisdictions applying for grant funding and will review and rank sponsored applications. Projects recommended for funding by the Committee will be released on or about May 5, 2011. V. A list of approved projects for funding will be transmitted to the State Controller upon recommendation by the Committee no later than May 13, 2011. VI. The State Controller will disburse funds directly to the local government jurisdiction for which grant funding has been recommended by the Committee. Application Review I. The applicant will determine the type of grant for which they are eligible (60% Nexus or either of the two 20% Non-Nexus grants2. Only cities and the County are eligible for 60% Nexus grants. This is noted on the application. The applicant also indicates the pertinent nexus criteria by checking each of the applicable nexus criteria. A minimum of two nexus criteria are required. 11. Cities, the County, and Special Districts are eligible for 20% Nexus grants to mitigate impacts of both SDF paying and non-paying Tribes. III. The amount of AB 158 grant funding being requested through the application must be listed. Please do not list any other sources of funding in this area. IV. The authorized signor of the application is the individual who has been authorized by the local jurisdiction's governing body to apply for grant funding. V. The legal address of the jurisdiction is required. VI. The contact person listed should be the individual most knowledgeable about the project and authorized to discuss all aspects, should additional information be required. VII. The priority uses for AB 158 grant funds are listed in Government Code 12715 (g). Please note that a portion of the Tribal government's review includes certification that the application satisfies at least one of the priorities. VIII. When describing impacts associated with a Tribal Casino and/or Gaming, it is very important to remember that this question does not pertain to reservation impacts. IX. A complete description of the project is required. 3 2 Refer to the"Definition of Terms"section for an explanation of these grant types. 5 X. Only the proportionate share of the project that mitigates impacts of Tribal gaming will receive funding. This information and acknowledgement of the requirement is requested. XI. Awarded funding will be sent to the jurisdiction directly by the State. AB 158 requires these funds are held in an interest bearing account until spent. Interest earned must be used for mitigation measures. XI 1. AB 158 requires awarded jurisdictions demonstrate to the County that all expenditures made from the account were made in accordance with the above provisions. XIII. The total cost of the project should include costs funded by other sources, as well as the funding requested through the application. This amount may differ from the amount of mitigation finding requested through the application XIV. Information is requested on competitive bidding and public works requirements. XV. In accordance with AB 158, awarded projects should be fully allocated by June 30, 2011. Reference Material & Definition of Terms I. County Tribal Casino Account —An account consisting of monies paid by County Tribes into the SDF, after deduction of amounts appropriated to the priorities specified in Government Code Section 1012.85. II. Individual Tribal Casino Accounts —An account for each individual Tribal casino that has paid money into the SDF. The individual Tribal casino accounts are funded in proportion to the amount individual Tribes paid into the SDF. III. Local Jurisdiction & Local Government Jurisdiction —A city, county, or special district. IV. 60% Nexus Grants — Sixty percent (60%) of each individual Tribal Casino Account is available fore nexus grants to cities and counties impacted by Tribes paying into the SDF, based on a four-part nexus test. The nexus test is based on the proximity of the local government jurisdiction to the individual Indian land upon which a Tribal casino is located and determines priority for grants using the following criteria: a. City or County borders the Indian land on all sides; b. City or County partially borders Indian land; c. City or County maintains a highway, road, or other thoroughfare that is a predominant access route to a casino located within 4 miles; d. All or part of the City or County is located within 4 miles of the casino. Within each funding level, the funding will be distributed in equal proportions to qualifying local jurisdictions: 6 • Fifty percent (50%) shall be awarded to local government jurisdictions meeting all four of the nexus test criteria; • Thirty percent (30%) awarded to jurisdictions that meet three of the nexus test criteria; • Twenty percent (20%) awarded to jurisdictions that meet two of the nexus test criteria. V. 20% Non-Nexus Grants — Twenty percent (20%) of each individual Tribal Casino Account is available for discretionary grants to local jurisdictions impacted by Tribes that are paying into SDF. These discretionary grants will be made available to all local jurisdictions in the County, regardless of geographic nexus to any particular Tribal Casino. VI. 20% Non-Paying Non-Nexus Grants — Twenty percent (20%) of each individual Tribal Casino Account is available for discretionary grants to local jurisdictions impacted by Tribes that are not paying into the SDF. These grants will be made available to local jurisdictions in the County, regardless of geographic nexus to any particular Tribal casino. Similar to Nexus grants, these grants are subject to sole sponsorship of the Tribes that pay into the SDF and the recommendations of the CBC. Grants are limited to addressing service-oriented impacts and assistance with one- time large capital projects specifically related to Indian Gaming impacts. Special Notes I. A grant may not be made for any purpose that would support or fund either directly or indirectly, any effort related to opposition or challenge of Indian Gaming in the State, and, to the extent any awarded grant funds are used for any prohibited purpose by any local government, upon notice given to the County by any Tribe whose individual Tribal Casino Account the awarded grant went toward that prohibited use, the grant shall terminate immediately and any finds unspent shall be made available for qualified nexus grants. II. A local government jurisdiction that is a recipient of a grant from an individual County Tribal Casino Account or a County Tribal Casino Account shall provide notice to the public, either through a slogan, signage, or other mechanism, stating that the local government project received funding from the Indian Gaming Special Distribution Fund and further identifies the particular individual Tribal Casino Account from which the grant was derived. 7 Indian Gaming Special Distribution Fund (SDF) Local Government Mitigation Grant Application - FY 2010-11 County of San Bernardino Name of Jurisdiction: City of San Bernardino Federal Tax ID Number: 95-6000-772 Contact Name: Pe i Hazlett Title: Chief of Staff I Email: hazlett pe(a).sbcity.org Street Address: 300 North D Street City: San Bernardino State: CA Zip Code: 92418 Phone Number: 909.384.5133 Fax Number: 909.384.5067 Impacting Casinos Names) of Casilno(s) Impacting Applicant: I San Manuel Indian Casino . - X Law Enforcement ❑ Recreation & Youth Programs ❑ Fire Services ❑ Planning & Adjacent Land Uses I Behavioral Health ❑ Waste Disposal LJ Child Care Programs ❑ Public Health ❑ Environmental Impacts ❑ Roads ❑ Emergency Medical Services ❑ Other: El Project Costs Name of Project: POLICING SERVICES / PUBLIC SAFETY Project Time Frame: July 1, 2011 — June 30, 2012 Total Project Costs : $ 1,328,204.00 Amount of Funding Requested: $ 1,328,204.00 Percent of Project Grant Funded : 100% Project Funding: X One-Time ❑ Multi-Year; Number of Years: Other Sources of Funding: N/A 3 Application must include a ro osed budget; See template P P 9 p 4= 1 - (Total Project Cost—Amount of Funding Requested)/Total Project Cost • 8 . - 60% Nexus Grant Category- Local jurisdictions impacted by tribal casinos paying into the L Grant Ty Special Distribution Fund and that meet a minimum of two criteria listed below qualify for this grant category. Funding for this grant category will be awarded based upon the number of criteria met by the local jurisdiction. Within each funding level, the funding will be distributed in equal proportions to qualifying local jurisdictions: • 50% of funding awarded to jurisdictions meeting all 4 nexus test criteria • 30% of funding awarded to jurisdictions that meet 3 of the nexus test criteria • 20% of funding awarded to jurisdictions that meet 2 of the nexus test criteria ❑ City, County, or Special District jurisdiction that borders the tribal lands on all sides; X City, County, or Special District jurisdiction that partially borders tribal lands; X City, County, or Special District that maintains a highway, road, or other thoroughfare that is the predominant access route to a casino that is located within 4 miles; X All or a portion of the City, County, or Special District jurisdiction that is located within 4 miles of the casino. X 20% Non-Nexus Grant Category - Local jurisdictions impacted by tribal casinos paying into the Special Distribution Fund qualify for this grant category. X 20% Non-Paying Non-Nexus Grant Category - Local Jurisdictions impacted by tribal casinos that do not pay into the Special Distribution Fund qualify for this grant category. Also, one-time capital projects or countywide projects that mitigate the impact of tribal casinos qualify for this grant category. a Detailed Project Information Describe the Impact(s) associated with the Tribal Casino and/or Gaming. See attachment Describe the proposed project in detail including how it will mitigate the impact(s) described above. See attachment What percentage of the project will directly mitigate impacts of the Tribal Casino and/or Gaming? 100% Describe what performance measurements will be utilized. N/A Will this project be competitively bid? N/A Is this project subject to Public Works requirements? N/A Given the limitation of funding, please provide information for the Committee on the effect to the project if the Committee approves a reduced grant amount. Is the project still viable? Identify, if possible, project breakpoints that the committee could consider. Refer to Budget Narrative 5 Type of grant for which your agency is applying for; A project may only qualify for one category: 60% Nexus or 20% Non-Nexus 9 Requirements Grant To be considered for funding, this grant application will be reviewed by and must receive Tribal sponsorship from the Tribe that pays into the Indian Gaming Special Distribution Fund. This application must include a formal letter of sponsorship from the Tribal Chairman, or designated authority, operating the Tribal casino for which mitigation is being requested. Approved grant applications will require the following: (Please initial by each of the following items to acknowledge each requirement. Approval by local jurisdictions of an agreement with the County of San Bernardino, acting on behalf of the Committee Project updates and required reports to be submitted to the Committee Local jurisdiction, that is grant recipient, shall provide notice to the public, either through a slogan, signage, or other mechanism, which states that the local government project has received funding from the Indian Gaming Special Distribution Fund and which further identifies the particular Individual Tribal Casino Account from which the grant derives as required by California Government Code section 12715(i) SDF will only be used to finance the percentage of the project that directly mitigates the impacts as given above of Tribal Casino and/or Gaming, as given above SDF will be held until spent in an interest bearing account and all interest earned must be used to mitigate Tribal Casino and/or Gaming impacts Local jurisdictions must demonstrate to the County that all expenditures made from the account were made in accordance with these provisions i Charles McNeely City Manager Nam of Authorized Signature Title March 24, 2011 Au horized tignat of plicant Date Attachment`A' CITY OF SAN BERNARDINO - POLICE OFFICERS / PUBLIC SAFETY Project Description Section 12012.85 of the Government Code 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. 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 it is geographically located. The amount is based on the percentage that each individual tribe paid in the prior fiscal year to the Indian Gaming Special Distribution Fund. In FY 2004/05, the City of San Bernardino, on behalf of the Police Department, was the recipient of an Indian Gaming Local Community Benefit grant in the amount of $578,501.95 from the Indian Gaming Special Distribution Fund. Grant funding was used to mitigate the impact of the San Manuel Band of Serrano Indians' Bingo and Casino facility. Using grant funding, the police department deployed two additional police officers each day, seven days a week to patrol and i respond to calls for service in the area surrounding the casino. To accommodate this deployment, the police department added five additional police officer positions to the table of organization. One police sergeant's position was added to maintain the appropriate, one supervisor for each five officers ratio required for adequate field supervision. Additionally, grant funding was used to purchase two marked police units. For FY 2005/06, the City of San Bernardino was the recipient of an Indian Gaming Local Community Benefit Committee grant in the amount of$700,000 from the Indian Gaming Special Distribution Fund. Grant funding as used to mitigate the impact of the San Manuel Band of g g p Serrano Mission Indians Bingo and Casino facility. Using rant funding f g y g g g or six (6) police officer positions, the Police Department deployed two additional police officers each day, seven days a week to patrol and respond to calls for service in the area surrounding the casino facility. One police sergeant's position was funded to maintain the appropriate, one supervisor for each five officers ratio required for adequate field supervision. For FY 2006/07, the City of San Bernardino was once again the recipient of an Indian Gaming Local Community Benefit Committee grant in the amount of$700,000 from the Indian Gaming Special Distribution Fund. Grant funding was used to mitigate the impact of the San Manuel Band of Serrano Mission Indians Bingo and Casino facility by continuing the deployment of six (6) police officer positions and one police sergeant each day, seven days a week to patrol and respond to calls for service in the area surrounding the casino facility. For FY 2007/08, the City of San Bernardino on behalf of the Police Department was once again the recipient of an Indian Gaming Local Community Benefit Committee grant in the amount of I $806,900 from the Indian Gaming Special Distribution Fund. Grant funding was used to mitigate the impact of the San Manuel Band of Serrano Mission Indians Bingo and Casino facility by continuing the deployment of six (6) police officer positions and one police sergeant each day, seven days a week to patrol and respond to calls for service in the area surrounding the casino facility. In addition, the City of San Bernardino used carryover funds to purchase a traffic response trailer equipped with traffic cones and barricades used to respond to traffic congestion issues and to support emergency evacuations around the Reservation. i In addition to being awarded the grant for policing services, the City of San Bernardino was the recipient of a grant for$398,190.82 for the Marshall Blvd. & Lynwood Ave. Street Improvement Project. Unfortunately, at the end of FY 07/08 it was the belief of the Indian Gaming Local Community Benefit Committee that the grant funds received through the Special Distribution Fund would no longer be available to local jurisdictions due to the Governor's vetoing of the funds. Therefore, on November 3, 2008, city staff recommended the reallocation of the Marshall/Lynwood Street Improvement Project grant received on April 19, 2007 for law enforcement services for FY 08/09. Subsequent to this action, California State Assembly Majority Leader Anthony Torrico authored Assembly Bill 158. The purpose of AB 158 was to enact changes to the way the SDF grants were distributed and accounted for in a manner that would address the concerns raised by the Governor's veto of the funds. The County of San Bernardino was notified in January of 2009 that the Special Distribution Funds would be available to local jurisdictions through the grant process. The grant application for FY 08/09 totaled $984,698.00. After deducting the reallocated Street Improvement grant monies with accrued interest and the additional grant carryovers form FY 07/08, the total amount awarded was $ 525,637.81. Grant funding was used to mitigate the impact of the Casino facility by continuing the deployment and to backfill any expenditures for FY 08/09 for the salaries and benefits for six officers and one police sergeant position, as well as the necessary support equipment. For FY 09/10 the City of San Bernardino was awarded grant funds in the amount of$985,241.00 for the continued deployment of six (6) police officers and one police sergeant position each day, seven days a week to patrol the area around the reservation. In addition to salaries and benefits, funds were used for designated support equipment. For FY 10/11 the City of San Bernardino and the San Manuel Band of Serrano Mission Indians entered into a Memorandum of Understanding (MOU) to continue funding the designated services with the caveat that if Special Distribution Funds were to come available during any period of the MOU, the City would apply for a grant to be designated for policing services and designated support equipment. In October 2010, the Governor of California approved a 2010/2011 budget trailer bill — Senate Bill 856 that included an appropriation of $30,000,000 from the Indian Gaming Special 2 6 Distribution Fund to provide local government agencies with grant funds for mitigating the impacts of tribal gaming. This appropriation restored funding originally deleted from the State's 2007/2008 budget. Of the $30 million available, the State Controller's Office has determined that San Bernardino Local Government Jurisdictions (Cities, County, and Special Districts) are eligible to receive a total of$2,031,589.61. After deducting the 2% administrative cost allocated to the County, $1,990,958 is available in the Indian Gaming Local Distribution Fund for local grant awards. The Chief of Police has determined the staffing and equipment needs for the Police Department to mitigate the impact of the casino facility and the City of San Bernardino is respectfully submitting a grant application in the amount of$1,328,204.00. Grant funding will be utilized to fund the expenditures as outlined in the grant budget and narrative. I I 3 SAN BERNARDINO POLICE DEPARTMENT FY 11/12 INDIAN GAMING POLICE SERVICES BUDGET NARRATIVE Personnel Costs Police Officers—The San Bernardino Police Department will dedicate six (6)police officer positions to provide police services in the Casino district in FY 11-12. Two officers are assigned on day shift, two on graveyard and two officers on a mid-afternoon cover shift. These officers provide 24/7 general law enforcement services in the residential and business areas surrounding the San Manuel Casino. Total $1,009,264. Police Corporal/Detective—This position will serve as a relief supervisor in the sergeant's absence and as a detective to conduct follow-up investigations of crimes occurring in areas surrounding the San Manuel Indian Reservation. This position will be charged at .25 FTE. Total $31,822. Police Sergeant—The FY 11-12 Indian Gaming Police Services proposal includes a Police Sergeant position. This position directly supervises and deploys other grant personnel funded by the San Manuel Casino. Total $175,600. Police Dispatcher II—The Police Dispatch center receives approximately 3000 calls annually from citizens within the San Manuel policing area. Approximately 1000 calls for service are dispatched to this area annually. A Police Dispatcher II position will be charged at .25 FTE. Total $14,732. Police Community Service Officer—The Police Department utilizes Community Service Officers for traffic control and some report taking duties. A Community Service Officer will be charged at .25 FTE. Total $14,038. Police Records Technician—Police Records personnel are required to scan and process all Police Reports. Annually, Police Record personnel process approximately 350 police reports related to calls for service within the San Manuel policing area. A Police Records Technician will be charged at .25 FTE. Total $13,445. Forensic Specialist II—Police Forensic Specialists process approximately cases annually. Approximately of these cases involve responses within the San Manuel policing area. A Police Forensic Specialist 11 will be charged at .25 FTE. Total $20,023. I.T. Technician II—Public Safety Information Technology staff are responsible for the maintenance of all Police technology systems including CAD, Records Management System, Dispatch radio equipment, and Police vehicle equipment. An I.T. Technician 11 will be charged at .25 FTE. Total $19,137. Special events/Traffic Enforcement Occasionally, large entertainment events are held at the Casino. These events require additional staffing to manage vehicle traffic at the major intersections leading to the Casino and to provide additional Police support. Additional Community Service Officers and Police Officers will be provided to handle these events. Total $10,000. Vehicles Chevy Tahoe (1)—One vehicle will be used by the Sergeant for transportation and to respond to significant calls for service requiring immediate follow-up investigation and or supervisory presence. In FY 10-11, the City entered into a 3-year lease for this vehicle. Year-2 lease payment expenditure is $15,000. Ford Crown Victoria(2) - Two Police cruisers are by the Police Officers assigned to the San Manuel policing area. In FY 10-11, the City entered into a 3-year lease for these vehicles. Year-2 lease payment expenditure is $18,000. Vehicle Maintenance The annual maintenance cost(fuel,parts, labor) for the three police vehicles assigned to the San Manuel policing area is $21,600. r✓ Equipment Motorola Portable Radios— Seven portable radios are issued to the sergeant and six police officers assigned to the San Manuel policing area. Portable radios allow field personnel to communicate between themselves and Police Dispatch when they are away from their vehicles. Amortized cost for year-2 of the agreement total $7,000. Tasers— Seven X26E tasers are issued to the grant funded police positions. The amortized cost for year-2 of the agreement total $2,100. Surveillance Cameras—The Police Department is in the process of implementing surveillance cameras in key locations around the city to reduce crime and assist in the identification of criminal activity. Two locations within the San Manuel policing area will be identified for installation of video surveillance camera equipment. The estimated cost for two cameras, installation and maintenance total $55,000. Miscellaneous I.T. Automation—In FY 10-11, the Police Department began to replace the outdated Records Management System with Laser Fiche imaging equipment. The cost of this upgrade is $400,000. Additionally, the Police Department has contracted with New World to replace the outdated CAD-RMS system. The cost for this major technology upgrade is $4 million dollars over a period of 10 years. For FY 11-12, implementation Q and first year costs for the CAD RMS and Laser Fiche upgrades will total approximately $1,100,000. City-wide, the Police Department responds to approximately 100,000 calls for service annually. In 2010, the City responded to approximately 1000 calls for service within the San Manuel policing area. Calls for service related to the San Manuel policing area account for approximately 1%of total calls for service. Consequently,the Police Department will charge 1% of the FY 11-12 annual cost for new technology systems to the grant. An I.T. automation charge of 1% of the upgrade costs will total $11,000. Police Crossing Guards The Police Department provides two Crossing Guards for the elementary school located near the Casino. Total cost $40,000. Admin Overhead A 2% administrative overhead will be charged. The total cost for police services in the San Manuel Casino area are projected to total $1,302,161 for FY 11-12. 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