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File #: 19-1279    Version: 1
Type: Agenda Item Status: Time Allocation
File created: 8/19/2019 In control: Board of Supervisors
On agenda: 9/17/2019 Final action: 9/17/2019
Title: Department of Transportation recommending the Board receive and file a presentation regarding utilization of Tribe Funds within the Department of Transportation. (Est. Time: 30 Min.) FUNDING: N/A
Attachments: 1. A - DOT Tribe Funds Presentation, 2. B - Agreement and MOU, 3. C - Tribe Agreement Payments, 4. Public Comment BOS Rcvd 9-12-19, 5. Public Comment BOS Rcvd 9-13-19, 6. Public Comment BOS Rcvd 9-13-19, 7. Public Comment BOS Rcvd 9-17-19
Related files: 12-1409, 19-0890
Title
Department of Transportation recommending the Board receive and file a presentation regarding utilization of Tribe Funds within the Department of Transportation. (Est. Time: 30 Min.)

FUNDING: N/A
Body
DISCUSSION / BACKGROUND
The Department of Transportation is recommending the Board receive a presentation regarding the Tribe Funds spent to-date on maintenance and capital improvements; the Tribe Fund revenue and expenditures and the projected surplus and fund balance per Fiscal Year. Please note that this presentation only addresses that portion of Tribe Funds that have historically been budgeted in the Department of Transportation.

On September 28, 2006, the Board entered into a Memorandum of Understanding (MOU) and Intergovernmental Agreement between the County of El Dorado and Shingle Springs Band of Miwok Indians (Tribe) in settlement of the then-pending litigation related to the Tribe’s proposed construction of the Red Hawk Casino on Tribe land. In exchange for the County's agreement to drop all pending lawsuits and cease its opposition to the construction of the casino, the Tribe would provide compensation to the County to mitigate anticipated impacts of the casino, including traffic.

Compensation included the provision of funding in the amount of $5.2 million annually for 20 years for the construction of High Occupancy Vehicle (HOV) lanes on Highway 50. The Tribe also agreed to pay $500,000 annually for law enforcement; $500,000 annually for sales and hotel tax; as well as the provision of discretionary funds in the amount of $2 million annually for the first seven years; $1.3 annually for the eighth through twentieth year or the life of the Tribe’s compact with the State; and an additional $2.5 million annually, beginning the last day of the eighth year with a 2% escalator every year that the County can use at its own discretion to address the County’s concerns regarding the Tribe’s projects.

On October 20, 2012, the Board and the Tribe ...

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