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REQUEST FOR COUNCIL ACTION
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CITY OF SAN BERNARDINO -
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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.
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. 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
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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
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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
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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
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1 construed to grant any rights or benefits to any third party
2 beneficiary or other person.
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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
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17 DATED:
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CITY OF SAN BERNARDINO
ATTEST:
By
Mayor
20 By
City Clerk
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Approved as to form:
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24 City Attorney
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