HomeMy WebLinkAboutMINUTES - 05182004 - SD.4 TO: BOARD OF SUPERVISORS +; ''• CONTRA
COSTA
FROM: Gayle B. Uilkema, Supervisor District II COUNTY
DATE: May 18,2004 -.
i�
SUBJECT: Indian Gaming
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)& BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
1. FORM an ad-hoc Board Committee on Indian Gaming.
2. SUPPORT the California State Association of Counties' policy document regarding compact
negotiations for Indian.gaining.
BACKGROUND/REASON(S)FOR RECOMMENDATION(S):
Can Tuesday, May 11, 2004,the Board of Supervisors conducted a workshop on the issue of Indian gaming. The
Board heard from supervisors from two counties, two county counsels, Contra Costa.County's state lobbyist and
a representative of the Association of Bay Area governments. All presenters concurred on the need for Contra
Costa County to be pro-active and involved. Formation of an ad-hoc Board Committee would provide a venue
for discussion and development of recommended actions for Board consideration. Topics could include: state
and federal legislative platform positions, Contra Costa County adopted policy, relationship with other
governments and the County's position regarding specific proposals.
Another key point made by workshop presenters was the need for state-tribal compacts to include language
requiring tribes to negotiate with local governments as a condition of the compact (and for the resulting
agreements to be legally enforceable). Local governments need to have this legal standing in order to prevent or
mitigate negative impacts on local communities and governments.
CONTINUED ON ATTACHMENT: _YES SIGNATURE 4,r /q, ryF
RECOMMENDATION OF COUNTY ADMINISTRATOR—RECOMME1 IATION Or'BOARD M TTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON MAX 18, 2UA APPROVED AS RECOMMENDED JL_OTHER X
SLE ATTACHED
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS(ASSENim j TRUE AND CORRECT COPY OF AN
AYES- NOES: ACTION TAKEN AND ENTERED
ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact:Sara Hoffman,33&109II
ATTESTEDMAY 18, 2004
cc: CAO JOHN SWEETEN,CLERK OF
CSAC(via CAO) THE BOARD OF SUPERVISORS
State Lobbyist(via CAO) AND COUNTY ADMINISTRATOR
Community Development Dept, ,
M
Public'Woft Department By:, � x� `�` , t,�,I ty I y
County Counsel
BACRGROUNDIREASONSI FOR RECOMMENDATIONS teont'dl.
The California State Association of Counties adopted the attached policy document regarding compact
negotiation for Indian gaming(February 6, 2003). It establishes principles for the State to consider when it re-
negotiates the overall Tribal State Compact. Contra Costa County should join with other California counties in
support CSAC's resolution.
ADDENDUM
SDA
May 18, 2004
On this day the Board considered actions to address the issue of Indian
Gaming, including formation of an ad-hoc Board Committee and adopted a
position of support for the California State Association of Counties' policy
document regarding compact negotiations.
The Board discussed the history of the issue and requested
clarifications of various relative items from staff.
The Chair invited comments from the public, and no one appeared to
speak.
After further discussion the Board of Supervisors took the following action:
• The Board formed an Ad-Hoc Committee on Indian Gaming of
District I and II Supervisors.
CSAC Policy Document Regarding
Compact Negotiations for Indian Gaming
Adopted February 6, 2003
In the spirit of developing and continuing government-to-government relationships
between federal, tribal, state, and local governments, CSAC specifically requests that the
State request negotiations with tribal governments pursuant to section 10.8.3, subsection (b)
of the Tribal-State Compact, and that it pursue all other available options for improving
existing and future Compact language.
CSAC recognizes that Indian Gaming in California is governed by a unique structure
that combines federal, state, and tribal law. While the impacts of Indian gaming fall
primarily on local communities and governments, Indian policy is largely directed and
controlled at the federal level by Congress. The Indian Gaming Regulatory Act of 1988 is
the federal statute that governs Indian gaming. The Act requires compacts between states
and tribes to govern the conduct and scope of casino-style gambling by tribes. Those
compacts may allocate jurisdiction between tribes and the state. The Governor of the State
of California entered into the first Compacts with California tribes desiring or already
conducting casino-style gambling in September 1999. Since that time tribal gaming has
rapidly expanded and created a myriad of significant economic, social, environmental,
health, safety, and other impacts.
CSAC believes the current Compact fails to adequately address these impacts and/or
to provide meaningful and enforceable mechanisms to prevent or mitigate impacts. The
overriding purpose of the principles presented below is to harmonize existing policies that
promote tribal self-reliance with policies that promote fairness and equity and that protect
the health, safety, environment, and general welfare of all residents of the State of California
and the United States. Towards that end, CSAC urges the State to consider the following
principles when it renegotiates the Tribal-State Compact:
1. A Tribal Government constructing or expanding a casino or other related
businesses that impact off-reservation' land will seek review and approval of
the local jurisdiction to construct off-reservation improvements consistent
with state law and local ordinances including the California Environmental
Quality Act with the tribal government acting as the lead agency and with
judicial review in the California courts.
2. A Tribal Government operating a casino or other related businesses will
mitigate all off-reservation impacts caused by that business. In order to
ensure consistent regulation, public participation, and maximum
environmental protection, Tribes will promulgate and publish environmental
protection laws that are at least as stringent as those of the surrounding local
community and comply with the California Environmental Quality Act with
As used here the term"reservation"means Indian Country generally as defined ander federal law,and
includes all tribal land held in trust by the federal government. 18 U.S.C.§ 1151.
the tribal government acting as the lead agency and with judicial review in
the California courts.
3. A Tribal Government operating a casino or other related businesses will be
subject to the authority of a local jurisdiction over health and safety issues
including, but not limited to, water service, sewer service, fire inspection and
protection, rescue/ambulance service, food inspection, and law enforcement,
and reach written agreement on such points.
4. A Tribal Government operating a casino or other related businesses will pay
to the local jurisdiction the Tribe's fair share of appropriate costs for local
government services. These services include, but are not limited to, water,
sewer, fire inspection and protection, rescue/ambulance, food inspection,
health and social services, law enforcement, roads, transit, flood control, and
other public infrastructure. Means of reimbursement for these services
include, but are not limited to, payments equivalent to property tax, sales tax,
transient occupancy tax, benefit assessments, appropriate fees for services,
development fees, and other similar types of costs typically paid by non-
Indian businesses.
5. The Indian Gaming Special Distribution Fund, created by section 5 of the
Tribal-State Compact will not be the exclusive source of mitigation, but will
ensure that counties are guaranteed funds to mitigate off-reservation impacts
caused by tribal gaming.
6. To fully implement the principles announced in this document and other
existing principles in the Tribal-State compact, Tribes will meet and reach a
judicially enforceable agreement with local jurisdictions on these issues
before a new compact or an extended compact becomes effective.
7. The Governor should establish and follow appropriate criteria to guide the
discretion of the Governor and the Legislature when considering whether to
consent to tribal gaming on lands acquired in trust after October 17, 1988 and
governed by the Indian Gaming Regulatory Act. 25 U.S.0 § 2719. The
Governor should also establish and follow appropriate criteria/guidelines to
guide his participation in future compact negotiations.
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CONTRA
TO: BOA"OF SUPERVISORS '
`TA
•e,
FROM. Gayle B. Uilktma,Supervisor District II COUNTY
DATE: May 18,2004
e
SUBJECT: Indian Gaming
SPECIFIC REQUEST(S)OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFIEATIO
RECO-MM NDATION(Sh
1. FORM sn.ad-hoc Board Committee on Indiana Gaming.
SUPPORT the California. State Association of Counties' policy docuanent regarding compact
nego ations for Indian gaming.
BACKGg0UND/RF,ASON S) FOP.RECOMMENDATTOIN S
On Tuesday, May 11, 2004,the Beard of Supervisors conducted a workshop on the issue ofIndi gaming. The
Board heard from supervisors from two counties_,two county counsels, Contra Costa County's;tate lobbyist and
a representative of the Association of Bay Area.Govcrnments. All presenters concurred on the need for Centra
Costa. County to be pro-active and involved. Formation of an ad-hoe board Committee would provide a,venue
for discussion and development of recommended actions for Board consideration. Topics could include: state
ntiA 1=raAAru1 loo44.,isstiu.- nInt"Finns nn6 inns, Contra CnAt3 Cotiuiv adonted Dolicy, relationsnir with other