HomeMy WebLinkAbout10-City Manager
ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: 10/20/08
Subject: Resolution of the Mayor and
Common Council of the City of San
Bernardino 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.
From: Lori Sassoon,
Assistant City Manager
Dept: City Manager's Office
Council Meeting Date: 11/3/08
Synopsis of Previous Council Action:
1-30-2007
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
Resolution #2007-62, ratifying the submittal of two Indian Gaming Local Community
Benefit grants in the amount of $1 ,537,287.60 and $1,082,700.00 respectively, and
authorizing the expenditure of said grant for street improvements and designated law
enforcement purposes as outlined in the grant budgets
Grants Ad Hoc Committee recommended Request for Council Action to be submitted to
the full Council
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
8-20-2007
2-20-2007
2-21-2006
Recommended motion:
1. Adopt resolution.
2. Authorize the Director of Finance to transfer $398,190.82 of cash balance from the 246 Capital
Impro"mootF""' 'oto tho SB21 pon:,:::::'O Ih. 123f?61);z )
Contact person:
Lori Sassoon
Phone: 384-5122
Supporting data attached: Staff Report, Resolution, Agreement
Ward:
4th
FUNDING REQUIREMENTS: Amount:
$398,190.82 (in grant revenue)
Source: Indian Gaming Local Community Benefit Committee Grant
Finance:
Council Notes:
Rest> ZooC}- #7
Agenda Item No. 10
Il~ ~.oe
STAFF REPORT
Subiect:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
City Manager to amend the Agreement between to the County of San Bernardino and the City
concerning the use ofIndian Gaming Special Distribution Funds.
Backeround:
Since 2004, the City has been provided Special Distribution Fund grant funds by the San
Bernardino County Indian Gaming Local Benefit Committee to pay for police officers assigned
to areas impacted by the San Manual Casino. The Indian Gaming Local Benefit Committee
requires that the law enforcement grant funds be allocated specifically to funding law
enforcement service in the areas impacted by the San Manuel Indian Bingo and Casino. The
funds awarded to the City were used to continue funding six (6) police officer positions and one
(I) police sergeant assigned specifically to the areas impacted by the Casino.
On April 19, 2007 the San Bernardino County Indian Gaming Local Benefit Committee
awarded the City a designated law enforcement grant for $806,900.00 and a street improvement
grant for $398,190.82.
The street improvement grant funds awarded to the City were to be used for improvements on
Marshall Boulevard and Lynwood Avenue between Victoria and Arden. The awarded grant was
approximately 1/3 of the anticipated cost of the project. It was the intent of the City to apply for
additional grant funds from SB 621 to complete the project in its entirety.
Unfortunately, because of the State's current budget crisis, the State took action to transfer
approximately $30 million from the FY 08/09 Indian Gaming Special Distribution Fund into the
State's General Fund. The Indian Gaming Local Community Benefit Committee held a meeting
with the local jurisdictions in early 2008 to inform the agencies there would be no additional
funding available for grants during FY 2008-2009.
As a result of the lack of funding, City staff met and agreed that the street improvement project
could not be fully funded with CIP money. At the June 20, 2008 Indian Gaming Local
Community Benefit Committee meeting, City staff requested that the Committee authorize the
street improvement funds, in the amount of $398,190.82, be reallocated to fund police salaries.
The request received a unanimous vote of approval by the committee. In order for these funds
to become available to the City, an amendment of the Agreement between the County of San
Bernardino, as delegated by the Indian Gaming Committee, and the City authorizing the change
in use of the Special Distribution Funds, must be approved.
The City had originally budgeted to receive an allocation of $811 ,200 from the Special
Distribution Fund to pay for law enforcement during FY 2008-2009. After the re-allocation of
street improvement funds, the City still faces a $413,009 shortfall for the seven officers funded
this fiscal year. The City is currently working with the San Manuel Indian Tribe (Tribe) to
secure funding through the Tribe's annual operating budget to make up the shortfall. Staff is
confident the funding will be made available in the near future. The agreement should also
secure ongoing funding for the police officer and sergeant positions for the foreseeable future.
In addition, our State Lobbyist reports that the final State budget did include one final allocation
to the Special Distribution Fund. Staff will be following up on this to determine if these funds
may be used to maintain the officers through FY 2009-20 I O.
Financial Impact:
After the re-allocation of $398,190.82 from the Special Distribution Fund, if additional grant
funds are not provided by the Tribe or further State Special Distribution Fund allocations are not
available, the City will have to allocate $413,000 of General Fund money to keep the 7 safety
positions for the entire FY 08-09.
Recommendation:
I. Adopt resolution.
2. Authorize the Director of Finance to transfer $398,190.82 of cash balance from the 246
Capital Improvement Fund into the SB21 Police Grant into the 123 fund.
2
RESOLUTION NO.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO 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.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager of the City of San Bernardino is hereby authorized
and directed to execute the Grant Agreement Amendment with the County of San Bernardino,
which is attached hereto, marked Exhibit "A", and incorporated herein by reference as fully as
though set forth at length.
SECTION 2.
The authorization to amend the above-referenced Agreement is
rescinded if the parties to the agreement fail to execute it within ninety (90) days of the passage
of this resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO 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.
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19 2008.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting thereof, held on the
_ day of
, 2008, by the following vote, to wit:
Council Members:
AYES
ABSTAIN
ABSENT
NAYS
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
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Patrick J. Morris, Mayor
City of San Bernardino
Approved as to form:
JAMES F. PENMAN,
City ttorney
By:
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Exhibit A
SAN BERNARDINO COUNTY
INDIAN GAMING LOCAL COMMUNITY BENEFIT COMMITTEE
GRANT AGREEMENT AMENDMENT
BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY OF SAN
BERNARDINO CONCERNING THE USE OF INDIAN GAMING SPECIAL
DISTRIBUTION FUNDS
This is an amendment to the Grant Agreement entered into between the County of San
Bernardino (hereinafter County), as delegated by the San Bernardino County Indian Gaming
Local Benefit Committee (hereinafter Committee), and the City of San Bernardino (Grantee), on
August 5, 2005, pursuant to California Government Code Section 12715:
WHEREAS, the original grant was awarded at the April 19, 2007 Committee meeting to the City
of San Bernardino in the amount of$398,190.82; and
WHEREAS, $398,190.82 was to be utilized to partially fund aesthetic improvements to the
arterial streets in the neighborhoods adjacent to the San Manuel Indian Bingo and Casino;
WHEREAS, at the June 20, 2008 meeting approval was granted nunc pro tunc relating back to
July I, 2007 to amend the contract term to end on July I, 2009, and reallocate the funding to
provide law enforcement services in the area' iInpactedby -the San Manuel Indian Bingo and
Casino;
NOW, THEREFORE, the parties agree as follows:
The agreement between the Committee and the Grantee entered into on July I, 2007 is hereby
amended nunc pro tunc relating back to July I, 2007, to amend the contract term to end on July I,
2009, and reallocate the $398,190.82 to provide law enforcement services in the area impacted by
the San Manuel Indian Bingo and Casino.
Date:
Date:
COUNTY OF SAN BERNARDINO
CITY OF SAN BERNARDINO
By:
By:
Mark H. Uffer
County Administrative Officer
; "c City Manager
Date:
~/1U
Date:
By:
Appro ed as to form and legal content:
- - ---.J
Fedor Ma
From:
Sent:
To:
Subject:
Wheeler_Ka
Thursday, November 06, 2008 11 :31 AM
Fedor_Ma
FW: Reso 2008-407
Margaret
Bree Lane
387-5301
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See below. This is Peggi's contact. Hope it helps.
Kathleen Wheeler
Administrative Assistant
to the City Manager
San Bernardino, CA
909-384-5122, fax: 909-384-5138
-----Original Message-----
From: Hazlett Pe
Sent: Thursday, November 06,
To: Wheeler Ka
Subject: RE: Reso 2008-407
peggi Hazlett I Assistant to the Mayor I City of San Bernardino I 300 North "D" Street I
San Bernardino, CA 92418 I (909) 384-5133
-----Original Message-----
From: Wheeler Ka
Sent: Thursday, November 06, 2008 9:34 AM
To: Hazlett_Pe
Subject: FW: Reso 2008-407
peggi
Do you have the contact information for the Clerk1s office. Please advise. Thanks
Kathleen Wheeler
Administrative Assistant
to the City Manager
San Bernardino, CA
909-384-5122, fax: 909-384-5138
-----Original Message--~--
From: Fedor Ma
Sent: Thursday, November 06, 2008 9:17 AM
To: Wheeler Ka
Subject: Reso 2008-407
Ms. Kathy,
I need the name and address of the contact person for the following item:
Resolution of the Mayor and Common Council of the City of San Bernardino 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.
It looks like Lori put this item on the agenda. There is an agreement that needs to be
sent out but I don!t have the necessary contact information.
Thank you!
1
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
DATE:
December 9, 2008
TO:
Lori Sassoon, Assistant City Manager
City Manager's office
FROM:
Margaret Fedor, Executive Assistant to the City Clerk
RE:
Transmitting Documents - Resolution No. 2008-407
At the Mayor and Common Council meeting of November 3, 2008, the City of San Bernardino
adopted Resolution 2008-407 - Resolution of the Mayor and Common Council of the City of San
Bernardino 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.
Attached is a fully executed duplicate original agreement for your records.
Thank you.
I hereby acknowledge receipt of the above-mentioned document.
Signed: i.JI""", h~l~
{/ Please sign and return
Date: I ;;l - ., -Cl<i
.
d(C/oY - 407
COUNTY OF
SAN BERNARDINO
BOARD OF SUPERVISORS
MARK H. UFFER
County Administrative Officer
County Administrative Office
385 North Arrowhead Avenue
San Bernardino, CA 92415-0120
(909) 387.5418
FAX: (909) 387.5430
Brad Mitzelfelt, ....
Paul Biane, Chair ..
Dennis Hansberger ".. ..
Gary C. Ovitt Vice Chair...
Josie Gonzales..
.......First District
. .........Second District
......... Third District
. ......... Fourth District
. ..... F(jih District
November 24, 2008
Ms. Margaret Fedor
City Clerk's Office
P.O Box 1318,
San Bernardino, California 92402
Dear Ms. Fedor:
Enclosed are one signed original agreement and a duplicate original agreement between the
City of San Bernardino and the Indian Gaming Local Community Benefit Committee. These are
your originals, please retain them for audit purposes. If you have any questions, feel free to
contact me at (909) 387-5301.
Thank you for your assistance,
/62 t"~~ Vu' { "
B~ATRIZ ~A~Z, CPA
Principal Administrative Anal
County Administrative Office
Enclosures as noted