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HomeMy WebLinkAbout08-01-1985 Minutes July 30, 1985 . To: MAYOR WILCOX Re: SPECIAL MEETING NOTICE IS HEREBY GIVEN that Council Members Esther R. Estrada, Ralph Hernandez, Steve Marks and Gordon Quiel have called a Special Meeting of the Common Council for 5:30 p.m., Thursday, August 1, 1985. Said Council Meeting will be held in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The purpose for which this meeting has been called is to reconsider the action taken regarding Indian Bingo on July 29, 1985. /s/ SHAUNA CLARK City Clerk . City of San Bernardino, California August 1, 1985 The Special Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor wilcox on Thursday, August 1, 1985, at 5: 30 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino. INVOCATION The Invocation was given by John Paul Stark. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Wilcox. . ROLL CALL Roll Call was taken by Deputy City Clerk Reese with the following being present: Mayor Wilcox; Council Mem- bers Estrada, Hernandez, Marks, Quiel; City Attorney Prince, Deputy City Clerk Reese; City Administrator Mat- zero Absent: Council Members Reilly, Frazier, Strickler. PURPOSE OF MEETING - SAN MANUEL INDIAN RESERVATION BINGO GAMES Mayor Wilcox stated that the purpose of the meeting is to reconsider the action regarding Indian bingo that was taken by the Council on July 29, 1985, as follows: The Ad Hoc Committee on Indian Bingo was authorized to con- tinue negotiations for an alternate site for Indian Bingo and to bring a recommendation back to the Council. Also, the Committee was instructed to inform the San Manuel Indians, or their representatives, that even though the City is now carrying through with negotiations, no final decision will be made until all legal remedies have been exhausted. . RECONSIDER PRIOR COUNCIL ACTION - INDIAN BINGO Council Member Marks made a motion, seconded by Coun- cil Member Estrada and unanimously carried, to reconsider the action. Richard Maxwell, Chief Deputy District Attorney for the County of San Bernardino, spoke in opposition to un- regulated bingo whether on the reservation proper or any other location in the community. He explained that in his . opinion the issue being considered is much broader than just bingo, as gambling and related criminal activities will follow. He further stated that the District Attor- ney's Office urged the Council and citizens of San Bernar- dino to do everything legally possible to stop the estab- lishment of bingo in any form in this City in any location. Chief Deputy District Attorney Maxwell answered ques- tions of the Council regarding other types of gambling that could be conducted on Indian Reservations, and opera- tors and organizations involved in those activities. City Administrator Matzer answered questions regard- ing background investigation by the Police Department. Richard Maxwell, Chief Deputy District Attorney for the County of San Bernardino, answered questions of the Council regarding laws and regulations governing unregu- lated bingo and bingo as operated by organizations for charitable purposes. . City Attorney Prince answered questions of the Mayor and Council and stated that in his opinion there is very little chance of preventing Indian bingo on the San Manuel Reservation. He reviewed previous legal advice and ac- tions on the issue of Indian Bingo. He explained that the appeal his office was directed to file was on the EIR and the acquisition of land, not on bingo itself. City At- torney Prince further stated that, in his opinion, the City could not file a preliminary injunction or get a restraining order because the San Manuel Indians have a sovereign immunity and cannot be sued. He also explained that a bond might be required to cover the cost of damages that might be incurred if an injunction or restraining order were wrongfully issued. . Norman Hanover, Attorney, stated that case law makes it clear that bingo on Indian reservations cannot be regu- lated by State, County or City governments, and that Indi- an reservations are considered sovereign entities. He ex- pressed his opinion that the probability of any legal action taken in the District Court would have almost no chance of success and urged the Council not to spend tax- payers money on such action. Attorney Hanover answered questions of the Council, stating that the possibility of preventing bingo in this community is nil, and to work towards improving the situa- tion as it exists. William G. Smith, Realtor and President of the San Bernardino Valley Board of Realtors, answered questions of the Council regarding economic dislocation that the pro- posed bingo facility would cause to the single family dwellings in the adjacent area. He stated that, in his opinion, property owners could lose anywhere from $20,000 to $50,000 in value of their property. Mr. Smith also answered questions regarding the ef- fect of a bingo parlor in a commercial site. Mayor Wilcox stated that a letter had been received from the Mayor of Lorna Linda strongly opposing the estab- lishment of a bingo facility at the site selected by the Ad Hoc Committee. . Attorney Levin, representing the San Manuel Indians, spoke about the tribe's position in the bingo negotiations and what he considered an unfair attitude taken toward the 2 8/1/85 . Indians now and in the past. He stated that the tribe has always been willing to cooperate with local citizens in mitigating any adverse impact that the bingo facility might have in the North victoria area. Three of the prob- lems faced by the Indians in negotiating for a new loca- tion are: finding an adequate site, having enough money to pay for it, and the possibility of many delays. He also stated that the San Manuel Tribe would want the City to provide 100% political support in order the federalize any new property purchased for the purpose of a bingo facility. Mr. Levin also complained about the apparent change of policy in the Council's action of July 29, 1985. Attorney Levin explained that proper notice had been given to the City by letter regarding the EIR in connec- tion with the acquisition of 4.5 acres of flat land, even though no mention was made about a bingo facility. Attorney Levin stated that the Indians can conduct bingo games on the reservation with or without the consent of the BIA. Approval is required only on contracts with investors and operators. . Mr. Dave Barlow, a resident of the area, asked ques- tions of Mr. Levin. Kathy Gaines, a resident of the area, stated that she felt that Indians are proceeding on their own, and have given up on the idea of further negotiations. Richard McKuen, a resident of the area, asked ques- tions of Mr. Levin regarding how the Indians intended to proceed and stated he felt a lack of faith and trust in the negotiations. Margie F. Goettlemann, a local business woman, asked questions regarding notification to the public regarding the proposed Indian Bingo operation. Ron Coniglio, representing the Inland Empire Bingo Operators' Association, stated that the operation of Indi- an bingo games would be detrimental to local charitable bingo operations. . Al Miller asked questions of the Council regarding use of the present San Manuel Indian Reservation if the bingo operation is implemented in another location. James B. Henehan, a long time resident of San Bernar- dino, suggested that the Council consider the long term effect of a decision to create another Indian Reservation for the bingo operation. Joe Bonadiman, Joseph E. Bonadiman & Associates, spoke about having done a previous study on the San Man- uel Indian Reservation regarding a bingo facility and suggested that the City obtain written documentation of the oral testimony given at this meeting, plus documenta- tion of traffic studies and home values in the area to help clarify the issue being discussed. Mr. Bonadiman answered questions of the Council. . Mr. Jim Camden, a resident of the area in question, suggested that a parking lot could be built in a commer- cial area and people wanting to play bingo could be bussed into the San Manuel Indian Reservation, therefore elimin- ating some of the traffic problems. 3 8/1/85 . RECESS MEETING At 8:50 p.m., Council Member Quiel made a motion, seconded by Council Member Marks and unanimously carried, that the meeting be recessed for five minutes. RECONVENE At 9:00 p.m., the Special Meeting of the Mayor and Common Council reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by Deputy City Clerk Reese with the following being present: Mayor Wilcox; Council Mem- bers Estrada, Hernandez, Marks, Quiel; City Attorney Prince, Deputy City Clerk Reese, City Administrator Mat- zero Absent: Council Members Reilly, Frazier, Strickler. . INDIAN BINGO - DISCUSSION Jim Smith, a San Bernardino resident, expressed his concerns about the Indian bingo issue. He stated that even though there was much oral testimony given tonight, there were no written legal opinions. He urged the Coun- cil to direct the City Attorney to look into the feasibil- ity of whether a relocation could in fact take place. Mr. Smith also expressed his concern about setting a precedent of San Bernardino being the first City in the nation to move an Indian reservation to another location. City Administrator Matzer answered questions about a bingo operation in Duluth, Minnesota. Terry Whitman, member of the Inland Empire Bingo Operations Association, stated that the operators of small local bingo operations have already lost money because of Indian bingo in various other locations and will lose even more if the San Manuel Indians have a bingo operation in San Bernardino. Shirley Cocfer, a resident in the area adjacent to the San Manuel Indian Reservation, stated this is a high fire risk area and expressed her concern that if a fire did occur in that area, it would be very difficult to evacuate the Indians, bingo players, and residents. . Rex Victor, Attorney and former Assistant District Attorney, spoke about the issue of unregulated bingo, which he considered would be uncontrolled gambling in the City of San Bernardino. He disagreed with opinions stated previously that it is unlikely that bingo could be regu- lated in the future. A case is now pending that could change the law. But in the meantime, if federalization of land for a bingo operation takes place, it could mean a long range solution to perhaps what could have been a short range problem. He expressed the opinion that the viability at the Victoria location would be much less than in a prime spot on the freeway, and perhaps within a few years, the bingo operation would die away. Mr. Victor answered questions of the Council. ADJOURNMENT At 9:48 p.m., seconded by Council that the meeting be Council Member Quiel made a motion, Member Marks and unanimously carried, adjourned. . u<JJ~ if~ Deputy City Clerk 4 8/1/85