Loading...
HomeMy WebLinkAboutS01-Council Office 1'" ,". .. \, .1 REQUEST FOR COUNCIL ACTION : J " CITY OF SAN BERNARDINO - " From: Steve Marks Subject: MOU wi th county Re Settlement Agreement with San Manuel Band of Mission Indians Dept: Council Offices Date: October 16, 1986 Synopsis of Previous Council action: Recommended motion: Adopt resolution. . 4~~ . Signature Contact person: Steve Marks Phone: 5178 Supporting data attached: Yes Ward: Fourth FUNDING REQUIREMENTS: Amount: None Sou rce: N/A Finance: Council Notes: 75.0262 Agenda Item No, S-l . .0. 1 2 3 4 5 6 7 8 9 10 .. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o o RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF SAN BERNARDINO RELATING TO FUNDS RECEIVED UNDER THE SETTLEMENT AGREEMENT WITH THE SAN MANUEL BAND OF MISSION INDIANS. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City a Memorandum of Understanding with the County of San Bernardino relating to funds received under the settlement agreement with the 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 Bernardino at a meeting thereof, held on the day of , 1986, by the following vote, to wit: AYES: Council Members NAYS: ABSENT: City Clerk The foregoing resolution is hereby approved this day of , 1986. Mayor of the City of San Bernardino ved ?~llj>'Jfwm: ~~)IT"'~pcV City Attorney E~\\A" o o o o . ~ 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 l.D. of 24 this agreement or applied to meet the compensation fund sum of 25 paragraph l.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 -2- oj o o o ~. , 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 fundsl that a separate, impartial method will be designed 5 to accomplish that resultl 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 al. 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 -3- o o o o 1 construed to grant any rights or benefits to any third party 2 beneficiary or other person. 3 4 DATED: , 1986 COUNTY OF SAN BERNARDINO 5 By 6 Robert L. Hammock, Chairman Board of Supervisors of the 7 County of San Bernardino 8 ATTEST: MARTHA SEKERAK Clerk of the Board of Supervisors By Deputy County Counsel 15 16 17 DATED: 18 19 CITY OF SAN BERNARDINO ATTEST: By Mayor 20 By City Clerk 21 Approved as to form: 22 23 24 City Attorney 25 26 27 28 -4-