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COUNCIL ACTION CORRIESPOND.NeIE
To Councilman Steve Marks Subject 'MOU with County Regarding
Settlement Agreement with
San Manuel Band of Mission
Date October 21, 1986 Indians
,
Meeting Date October 20, 1986 Agenda Item No, S-l
Action
The proposed 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 Indlans, was continued to
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ce: Mayor Wilcox /&?/Ad/
City Attorney ~UNA CLARK
City Engineer City CI...k
Fina~ce
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CI1jY OF SAN~ERN ARDIN 0 300 NORTH "0" STREET. SAN BERNARDINO, CALIFORNIA 9241a
STEVE MARKS
Councilman Fourth Ward
1714)3B3-5178
October 17, 1986
Dear Constituents:
Re: Indian Bingo Settlement Agreement Status Report
The City, County and San Manuel Band of Mission Indians
have all approved and signed the above-referenced negotiated
agreement. Important provisions of this agreement are:
1. Payment of a total of $1,150,000 over a period of
seven years. An initial payment of $50,000 is made upon
execution of the agreement, and $250,000 will be paid in
quarterly payments in the next year. Subsequent payments of
$150,000 will be made in the next five years with a final
payment of $100,000. The City is guaranteed to receive the
flrst $175,000 with the remalnder paid from 5% of the gross
receipts of the bingo games.
2. The City will be spending $150,000 immediately to
close off Piedmont at Victoria and to extend Piedmont easter-
ly. Fifty thousand dollars is identlfied for traffic light
signalizatlon improvements at Highland and Vlctoria.
3. Under the agreement, residences on the west side of
Vlctoria, across from the blngo project, will be purchased
for future parklng needs. The agreement provldes that such
property shall be used in accordance with existlng or future
City zoning for the property and that no high-rise parking
structures may be built on the exlsting parking area or on
any property purchased on the wests ide of Victoria. Further,
the agreeement provides that the parklng lots may not be used
for swap meets. '
4. Under the agreement, the residence located on the
northeast corner of Vlctoria and Piedmont will be purchased
for continued slngle famlly residentla~ useage.
5. Substantial environmental concerns have been ad-
dressed and mitlgatlon measures, including nolse attenuation,
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Dear Constituents:
OCtober l7, 1986
page 2
visual blight, outslde lighting adjacent to the resldential
areas, removal of trash and lltter, and property drainage
from the bingo facility are assured under the agreement.
6. The legal dispute between the City/County and the
Tribe and Bingo Management Company arising out of the
City/County environmental lawsuit and the Clty's administra-
tive appeals through the BIA are amicably resolved through
the settlement.
The City Engineer incorporated into the cul-de-sac bid
package most of the design alternatives recommended by the
neighborhood during recent public meetings. The bids are
scheduled to open on OCtober 28, 1986. At the next regularly
scheduled Council meeting following the bid opening, I will
call for an open hearing on the alternatives in order to
ensure that the neighborhood has maximum opportunity for
input and participatlon in the alternative selected for
contract. Please call my Executive Asslstant, Mr. Phil
Arvizo, at 383-5178, for confirmation of the time and date of
this important meeting.
The Indian Bingo Settlement Agreement provides for the
payment of $1,150,000 to the, Clty and County of San Bernar-
dino. The Agreement stlpulates that the initial revenues
(approx. $200,000) will be utilized to close off Piedmont at
Victoria, extend Piedmont easterly and provide for traffic
light slgnallzation Improvements at Highland and Victoria.
The class action settlement further stlpulates that $300,000
will be placed Into a homeowners compensation fund to mlti-
gate loss of property values caused by the Bingo Project.
Further revenue expenditures are contalned in a proposed
agreement with the County whlch will be presented at the
Councll meeting on Monday, October 20th, in the afternoon
sesslon (after 2:00 p.m.). Please call my Administrative
Assistant, Mr. John Cole, Monday morning, at 383-5178, for
confirmatlon of an approximate time for consideration of thls
proposed agreement.
In addltlon to the above-mentioned Indian Blngo Settle-
ment Agreement revenue-use stlpulatlon~, the proposed City/-
County expenditure agr~ement provides for the following:
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1. Constructlon of a box culvert on Lynwood Avenue west
of Victoria to elimlnate the dip in the road at the locatlon
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Dear Constituents:
October 17, 1986
Page 3
of the flood control channel, at an estimated
$250,000. Pedestrian and vehlcular safety will
cantly enhanced by this project.
2. Any additional funds recelved or available pursuant
to the terms of the settlement between the City and the San
Manuel Band of Mission Indians shall be deposited in a
separate fund for utilization to accomplish public improve-
ment to mitigate the effects of the Indian Bingo operations
wlthin the area bounded by Arden, Lynwood, Victoria and
Highland Avenue. '
cost of
be signifi-
In previous neighborhood meetings, many of you expressed
concern regarding the adequacy, in terms of dollars made
available, of the homeowners compensation fund, i.e., you
thought more money should be allocated to this specific fund.
It was explained that the recommended fund amount is predi-
cated upon an impact analysis undertaken under the auspicious
of the City Attorney's offlce. However, you have every right
to provide the Council with a different point of view. Those
of youcwho wish to participate in this debate and decision
are encouraged to attend Monday's meeting.
I sincerely hope that these agreements wlll
and your family to live and enjoy your home and
normally as possible under the clrcumstances.
enable you
property as
Sincerely,
~~
STEVE MARKS
Councilman, Fourth Ward
SM:EJ
cc:City Attorney
City Council Agenda - October 20, 1986
Mayor
Council Members
Clty Engineer
City Administrator
t'", ,"
C>
From: Steve Marks
Dept: Counc il Offices
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Subject:
~u with County Re
Agreement with San
of Mission Indians
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Settlement
Manuel Band
Date: October 16, 1986
Synopsis of Previous Council action:
Recommen':!ed motion:
Adopt resolution.
,~~4
Signature
Contact person: Steve Marks
Phone:
5178
Supporting data attached: Yes
Ward:
Fourth
FUNDING REQUIREMENTS:
Amount:
None
Source:
N/A
Finance:
Council Notes:
75-0262
Agenda I tem No,
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1
RESOLUTION NO.
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 o~ 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
meeting thereof, held on
16 the
day of
, 1986, by the following vote,
17 to wit:
18 AYES:
19
20 NAYS:
21 ABSENT:
22
23
24
Council Members
City Clerk
The foregoing resolution is hereby approved this
day
25 of
, 1986.
26
27 AJ;?l,lroved as, t9)fcp:m:
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28 City Attorney
Mayor of the City of San Bernardino
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1 M E M 0 R AO DUM 0 F 0 D E R S TAN DIN G' 0
2
3 This Memorandum of Understanding is entered into this
4 day of , 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 al., v. San
11 Manuel Band of Mission Indians, et al., United States District
12 Court (Central District California) No. J-8S-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 utilized,
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 turne~ over to the City for
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1 allocation and expenditure under the terms of this Memorandum of
2 Understanding. All of said funds ~nd 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 neigh~oring property ~wners.
. '
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 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
i,
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 benef ic iary or other person.
3
4 DATED:
5
6
7
8 ATTEST:
9
, 1986
COUNTY OF SAN BERNARDINO
By
Robert L. Hammock, Chairman
Board of Supervisors of the
County of San Bernardino
MARTHA SEKERAK
Clerk of the Board of Supervisors
10 By
11
Deputy
APPROVED AS TO FORM:
12
ALAN K. MARKS
13 County Counsel
14
By
15 Deputy County Counsel
16
17 DATED:
18 ATTEST:
19
20 By
CITY OF SAN BERNARDINO
By
Mayor
City Clerk
21
Approved as to form:
22
23
City Attorney
24
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