HomeMy WebLinkAboutMINUTES - 04052005 - D.3 1I-
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TO: BOARD OF SUPERVISORS
CONTRA
COSTA
Supervisor Gayle B. Uilkema - . -
FROM. p y gs s ,
Supervisor John Gioia COUNTY
DATE: April 5, 2005
SUBJECT: Indian Gaming
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION(SI:
1. CONSIDER adopting Resolution 2005/181 on Indian Gaming in Contra Costa County, which opposes
the creation or expansion of any further Indian gaining casinos within Contra Costa County as well as the
establishment of reservations on which there could be Indian gaming.
2. CONSIDER adopting Resolution 2005/182, which supports Senate Bill 113 (Feinstein), a bill that
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modifies the effective date of federal trust land for the Lytton R.ancherna (Lytton Band of the Pombo
Indians).
3. CONSIDER support of ACA 15 (Nation), a constitutional amendment proposal which would place a
moratorium on new Indian casinos in California until 2008, pending a study of Indian gaming.
4. CONSIDER comments on a draft bill being proposed by Congressman Pombo which would provide for
two"Indian Economic Opportunity Zones" in each state and limit new Indian gaming to those zones.
5. AUTHORIZE and DIRECT staff, the County's State Representative and the County's Federal
Representative to communicate the Board's positions to appropriate parties, including but not limited to
the County's federal and state legislative delegations, the California State Association of Counties, the
Urban Counties Caucus, the National Association of Counties and the cities within Contra Costa County.
CONTINUED ON ATTACHMENT: YES SIGNATURE: Od
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RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED.OTHER X
A-TTA Ch D A�-tF, W nom..
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS(ABSENT 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,336-1090
ATTESTED 0 t4 In O
cc: CAO JORN SWEETEN,CLERK OF
Cathy Christian,Nielsen Merksamer(via CACI) THE BOARD OF SUPERVISORS
Paul Schlesinger,Alcalde&Fay(via CAO) AND CO N'[Y ADMINISTRATOR
Ell DEPUTY
BACKGROUND/REASON(S)FOR RECOMMENDATION(S):
Less than one year ago, Indian gaming was viewed as a somewhat abstract issue for Contra Costa County. To
our knowledge, there were no Indian reservations within the boundaries of Contra Costa County, nor were there
any tribal proposals to acquire land for a casino.
When the Board of Supervisors held a workshop on Indian gaming m May 2004, supervisors of nearby counties
informed the Board of Supervisors that absence of existing reservations within the County did not mean that
there would not be gaming proposals. Landless tribes were "reservation shopping" to acquire land to build
casinos.
Today, Contra Costa County is home to one Indian reservation and two proposed reservations. Each of the
tribes plans to operate a casino. These three casinos would be within 8 miles of each other within the densely
populated urban areas of West Contra Costa County:
➢ Lytton Band of the Pomo Indians (Lytton Rancheria), City of San Pablo —The Lytton Band of the
Pomo Indians, a tribe of about 200 members from Sonoma County, was granted a reservation in the City
of San Pablo by Congressional enactment on December 27, 2000. The Congressional Act also decreed
that the land was deemed to be held in trust prior to October 17, 1988, the effective date of the Indian
Gaming Regulatory Act.
The Lyttons originally proposed to construct a 500,000 to 650,000 square foot facility on San Pablo
Avenue at San Pablo Dam Road, next to Interstate 80 (the current site of"Casino San Pablo," a card
room). The casino was projected to be six to eight stories high and house up to 5,000 slot machines,
along with other gaming activities. After considerable public outcry, the number of slot machines was
dropped to 2,500 plus 200 gaming tables and the facility reduced to 2 stories, 342,000 square feet, plus
4000 parking spaces.
As required by federal law, the Governor negotiated a Tribal-State Compact with the tribe, which
provided local government an unprecedented opportunity to negotiate for mitigation of the off-
reservation impacts of the casino. The compact gave Contra Costa County responsibility for negotiating
for impacts not only for the county government but also for all affected cities and public agencies except
the City of San Pablo (which was authorized to negotiate its own agreement).
Reluctance by the State Legislature to ratify the compact resulted in a March 17, 2005 letter to the
Governor by the tribe indicating that it would be moving forward to install Class II electronic bingo
games. These bingo games have the appearance of slot machines, but operate under a different
mathematical logic. The Class II games are not subject to a tribal-state compact. In its letter to the
Governor, the tribe clearly indicates its intent to pursue authorization for the 2,500 slot machines at
another time. "In the longer term, the tribe remains confident that this or a future legislature will
eventually recognize the benefits to the state and local government that the compact we negotiated in
good faith offers. At that time, we stand ready to work again with you and the legislative leadership to
achieve a solution that works for all Californians."
This announcement should not affect the Environmental Impact Statement in development by the
National Indian Gaming Commission, since the Commission must approve the management contract for
operation of the casino for either Class II or Class III ganung.
Scotts Valley Band of the Pomo Indians, North Richmond — The Scotts Valley Band of the Pomo
Indians is a tribe of about 130 members from Lake County. The tribe has joined with an out-of-state
investment group in purchasing 30 acres of land in North Richmond along Parr Boulevard and the
Richmond Parkway. The tribe is proposing to construct a 30 foot tall 225,000 square foot casino-resort
complex with 2,000 slot machines and other gaming activities. The tribe has petitioned the Bureau of
Indian Affairs to designate this property as its reservation, based on its assertion that some of its tribal
members settled in Contra Costa County after their tribal status was terminated in the 1950s, thus
resulting in Contra Costa County being designated as a "tribal service area." The Bureau of Indian
Affairs held a public scoping session on the Environmental Impact Statement on the proposed project on
July 30, 2004 and issued the scoping report in December 2004. The completion date for the
Environmental Impact Statement is currently unknown.
Guidiville Band of the Pomo Indians, Point Molate, City of Richmond — The Guidiville Band of the
Pomo Indians is a tribe of about 120 members from Mendocino County. They have reached agreement
with the City of Richmond to purchase approximately 415 acres of land located next to the Richmond-
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San Rafael Bridge along San Pablo Bay. They are proposing a casino and resort/hotel complex with a
150,000 square foot gaming floor (2500 slot machines according to one newspaper report), 300,000
square feet of retail facilities, 25,000 square feet of convention and entertainment facilities,, an
approximately 400 room hotel and a second phase 700 room hotel, 29 cottages remodeled into hotel
suites or offices, a boutique spa/hotel, a fire station, tribal governmental offices, a tribal cultural center,
220+ acres of open space or submerged lands, 40 acres of public parks, apublic trail, a ferry terminal,
possibly a limited number of housing units and parking facilities for approximately 3000 vehicles.
Chevron/Texaco USA which operates a nearby refinery previously filed suit against the proposed land
acquisition and had offered to purchase the land. The East Bay Regional Parks District has a pending
lawsuit challenging the City of Richmond's approval of the sale of land to the Guidiville Band prior to
complying with the California Environmental Quality Act (CEQA). The Sierra Club and other
environmentalists are also opposed to the casino.
The Bureau of Indian Affairs held a public scoping session on the proposed Environmental Impact
Statement on March 31, 2005.
Tribal Rights to Operate Casinos
Indian tribes in the United States enjoy a unique legal status. On their reservations, they are quasi-independent
"sovereign governments" in that they are not subject to any local or state land use,, environmental or other laws
and regulations that govern all other entities. Indian tribes can essentially do whatever they want on tribal land,
subject only to federal law and individual agreements between the tribes and the federal and/or state
government. Furthermore, tribes do not pay taxes or other fees normally assessed to provide for infrastructure,,
environmental protection or health and welfare of the community, except to the extent they have voluntarily
agreed to do so.
The laws and regulations surrounding Indian tribes, the creation of reservations and the uses upon those
reservations are quite complex, subject to many nuances and exceptions. The Bureau of Indian Affairs is the
primary regulatory agency on the federal level; there are limited roles for the state or for local government. For
tribes seeking to operate casinos, a simplified way of looking at it would be to determine the date the reservation
was established,, i.e., when the land was taken into trust by the federal government on behalf of the tribe. The
key date is October 17, 1988, the effective date of the Indian Gaming Regulatory Act (IGRA), which divided
Indian gaming into three categories:
• Class I-traditional tribal ceremonial gaming;
• Class H-bingo and pull tabs, electronic aids to those games and non-banked card games, such as poker;
• Class III - casino-style gaming such as slot machines and banked games such as blackjack as well as
horseracing lotteries.
The distinction between Class 11 bingo-based, pseudo-slot machines and Class III slot machines has become less
and less over the years. In appearance, they are very much the same. They also sound and spin like slot
machines. The internal mechanisms are different. These bingo-based machines link players in a commongame
through a central computer service that draws the numbers. The bingo-based machines require the player to
("interact" with the game by pushing a button, i.e., "daubing" their cards as their numbers drop. As the
distinction between a slot machine and bingo-based pseudo-slot machines has diminished, the pressure for new
regulatory oversight has increased. The National Indian Gaining Corntifission plans to release a newropposed
set of rules, designed to distinguish between Class 11 bingo-based, pseudo-slot machines and Class 111 slot
machines. According to newspaper reports, both the Justice Department and tribal representatives object to the
new rulings, the former because they are too liberal; the latter because they are too restrictive. The issue is
extremely important to local government, since only Class III slot machines are subject to a tribal-state compact,
the mechanism through which there can be provisions for mitigation of off-reservation impacts of the casino.
Pre-IGRA Existing Reservations - No state approvals are required to operate Class 11 gaming. Casinos
operating Class III gaming (including slot machines) require approval of the Secretary of Interior and
negotiation of a Tribal-State Compact. In California, the state Constitution designates the Governor to negotiate
compacts, subject to Legislative ratification. If the State does not negotiate in good faith, the tribe may seek a
remedy in federal court. California cannot avoid being sued by tribes in federal court under IGRA because when
the voters approved Prop 5, they waived California's sovereign immunity defense which would otherwise block
any such lawsuit. If the tribe uses a management contractor, the NIGC prepares an Environmental Impact
Statement under the National Envirorunen-tal Protection Act (NEPA)which identifies off-reservation impacts, but
does not require mitigation.
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Post-IGRA Reservations—Indian land acquired after 1988 is subject to a"two-part determination process." This
test requires both the Secretary of Interior's consent to take land into trust on behalf of the Indian tribe and the
Governor's concurrence in the Secretary's determination.
There are exceptions to the two-part test. Land can be taken into trust as either restored land or newly acquired
land. Restored land means that the land was restored to a tribe which was itself restored to federal recognition.
The difference is significant. The governor has the right to prohibit Indian gaming on any land that is newly
acquired tribal land. The governor does not have this right for land taken into trust after 1988 under the
"restored" proviso.
Both the Scotts Valley Band of the Pomo Indians and the Guidiville Band of the Pomo Indians are seeking to
acquire land as"restored lands."
The Lytton Rancheria of the Lytton Band of the Pomo Indians is unique in that it was taken into trust after
IGRA, but is treated as though it existed prior to IGRA, due to Congressional action in December 2000. Thus,
neither a two-part determination nor a restored lands exception was necessary for the Lytton tribe to use the San
Pablo land for either Class II or Class III gaming although Class III gaming requires a tribal-state compact.
Tribal-State Compact— As noted before, IGRA requires that the state negotiate in good faith for a Tribal-State
compact with any tribe with a pre-IGRA reservation or post-IGRA reservation that was appropriately approved .
The compact establishes the parameters of the government-to-government relationship to regulate tribal gaming
and is a negotiated instrument that must be agreeable to both parties. The Tribal-State Compact between
Governor Schwarzenegger and the Lytton Band of the Pomo Indians was unprecedented in that it:
• Required negotiation between the City of San Pablo and the tribe for mitigation of off-reservation
impacts within the city limits;
■ Required negotiation between the County (on behalf of itself, cities other than San Pablo, and
other local agencies) and the tribe on mitigation of off-reservation impacts;
■ Required negotiation between Caltrans and the tribe for improvements to I-80 and other state-
controlled roadways to mitigate the impact of the proposed casino on traffic;
■ Provided for"baseball" style arbitration in case agreement could not be reached; and
■ Provided that the tribe would pay up to 25% of its net win, distributed among the County (on
behalf of itself and other local jurisdictions), Caltrans and the City of San Pablo for off-reservation
impact mitigation with the remainder to the state general fund.
Federal and State Environmental Review — Proposals to take land into trust for Indian reservations and to
operate casinos are not subject to the California Environmental Quality Act (CEQA). In some cases, land
acquisition or casino proposals are subject to the National Environmental Protection Act(NEPA), which requires
an Environmental Impact Statement (EIS). An EIS identifies environmental impacts, but it does not require
mitigation of those impacts. Furthermore, an EIS does not include analysis of socio-economic impacts or
increases in demand for county services.
The Bureau of Indian Affairs conducts an EIS on a proposal to take land into trust. The National Indian Gaming
Commission, which is a commission independent from the Department of the Interior, conducts an EIS only if
the tribe proposes to use a management contractor to operate the casino, because the Commission is required by
IGRA to approve all management contracts for tribal gaming.
Proactive Response by Contra Costa County
Contra Costa County has proactively engaged itself in the Indian gaming issues, seeking both to educate itself
and participate to the fullest extent allowed by law. Areas of focus have included:
■ Board of Supervisors Indian Gaming Workshop
■ C SAC policy documents on Development on Indian Land and Compact Negotiations for Indian
Gaming
■ Lytton Rancheria—National Indian Gaming Commission Environmental Impact Statement
■ Lytton Rancheria—Tribal-State Compact
■ Scotts Valley Band—Bureau of Indian Affairs Land Trust Proposal
■ Guidiville Band—Bureau of Indian Affairs Land Trust Proposal
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Board of Supervisors Iridian Gaming Workshop
On February 10, 2004, the Board of Supervisors held a workshop on Indian gaming. Presenters included
Supervisor Mike McGowan of Yolo County and chair of the CSAC Indian Gaming Committee; Supervisor
Valerie Brown of Sonoma County and CSAC Indian Gaming Committee member; Steve Basha, County Counsel
of Yolo County and chair of the County Counsels Workgroup on Indian Gaming; Steve Woodside, County
Counsel of Sonoma County; Gerald Raycraft of the Association of Bay Area Governments (ABAG); and Cathy
Christian of Nielsen Merksamer Parrinello Mueller& Naylor, a legal expert on Indian gaming and the County's
state legislative representative.
The workshop addressed an array of Indian gaming issues; laws, regulations and agreements with tribes; rights
and obligations of the County and the tribe; and other counties experiences with the issue. As a result of the
workshop, the Board created an Ad Hoc Committee on Indian Gaming composed of Supervisor John Gioia and
Supervisor Gayle B. Uilkema. The Board also endorsed the California State Association of Counties (CSAC)
policy document on Compact Negotiations for Indian Gaming.
CSAC Policy Documents on Development on Indian Land and Compact Negotiations for Indian Gaming
In May 2004, the Contra Costa County Board of Supervisors adopted the CSAC policy document regarding
Compact Negotiations for Indian Gaming. This policy document urged the State to include language in tribal-
state compacts that provides for, among other things:
• Mitigation by the tribe of all off-reservation impacts caused by casinos or other related
businesses;
■ Compliance with local jurisdiction'sauthority over health and safety issues;
■ Payment to local jurisdictions of fair share costs for local government services; and
■ Requirements for judicially enforceable agreements between the tribe and local jurisdictions.
Subsequently, CSAC developed a revised policy document that addressed development on tribal land. This
policy was in response to the efforts of some tribes to acquire lands outside their current trust land or their
legally recognized aboriginal territory and to have that land placed into federal trust and beyond the reach of the
County's land use jurisdiction(a practice called"reservation shopping"). The policy also addressed non-gaming
tribal development projects where developers seek to partner with tribes to avoid local land use controls and to
build projects which would otherwise not be allowed under local land use regulations. Two key provisions of
this policy document include:
■ support for federal legislation to allow land to be taken into trust only with the consent of the
state and the affected county; and
■ opposition to the practice of"reservation shopping."
The Board of Supervisors endorsed the CSAC revised policy document regarding Development on Tribal Lands
on December 14, 2004.
Lytton Rancheria—National Indian Gaming Commission Environmental Impact Statement
Significant staff time and other County resources have been spent on the proposed casino at the Lytton
Rancheria, involving the Board of Supervisors Ad Hoc Committee;the departmental Indian Gaming Workgroup;
and a coalition of nearby cities and public agencies concerned about the proposal. The County Admuustrator's
Office also created an extensive list of interested parties for distribution of materials.
On August 11, 2004, the County submitted 10 pages of comments on the scope of the Environmental Impact
Statement (EIS) for the proposed Lytton Rancheria Casino project. Issues included: transportation, utilities,
noise, soil, hazardous materials and waste, air quality, water and water quality, solid waste, visual, land use,
community impacts, life safety and fire, safety and security, justice system, disaster management, health and
human services, school and youth, tax, revenue and financial impacts and management and financial capability.
In this letter, the County requested status as a cooperating agency so that it could receive copies of the scoping
report and draft EIS prior to publication. To date, neither has been received by the County.
Lytton Rancheria— Tribal-State Compact
The County has closely followed the debate on the Tribal-State Compact for the Lytton Tribe. It participated in
the Senate Government Operations Committee hearings; Senator Torlakson's visit to the casino site; and
Assemblywoman Loni Hancock's legislative town hall meeting at which both Supervisor John Gioia and Health
Services Director Dr. William Walker spoke as panelists . Multiple departmental meetings have been held to
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discuss the Tribal-State Compact and how to address mitigation. This effort has been frustrated by lack of a
complete project description. For example, as to transportation we still do not have information about the
number of patrons, the length of stay, the mode of travel, etc. Nonetheless, County departments have worked to
identify areas of concern and to better understand the possible range of impacts.
Also., in order to fulfill its responsibility under the Tribal-State Compact as the negotiator for all affected cities
and other public agencies, except the City of San Pablo, the County held an open meeting on February 24th. It
was very well attended and covered the contents of the Tribal-State Compact, timeframes, mitigations and helped
others understand the process. Cities and public agencies were requested to forward a list of their issues and
concerns to the County no later than March 31"'. The next collaborative meeting is scheduled for April 7th.
Scotts Valley Band—Bureau of Indian Affairs Land Trust Proposal
The Bureau of Indian Affairs held a scoping session on the proposal to take land into trust for the Scotts Valley
Band of the Pomo Indians on August 4, 2004. The County submitted extensive comments on the scope of the
EIS on August 12, 2004. The scoping report was issued in December 2004 and the County responded with a
letter on January 13, 2005, which expressed our concern that the scoping report does not include all the issues
raised by Contra Costa County in its August 12'h letter. To date, the County has not received any response to
that letter, or any indication that the scoping report has been revised.
On March 112 2005, the County received a certified letter from the Bureau of Indian Affairs requesting
information on the potential financial impacts on local government revenues of taking the land into trust. The
response is pending.
Guidiville Band of the Pomo Indians—Bureau of Indian Affairs Land Trust Proposal
The Bureau of Indian Affairs held its scoping session on the Guidiville Band of the Pomo Indians proposal to
take land into trust on March 31, 2005. Staff was in attendance at that meeting. Comments are in preparation.
Board Policy on Indian Gaming
Class IR gaming (slot machines) is permitted on Indian lands in California due to the passage of Proposition 1A
by the voters in 2000. It was passed with the assurance that casinos would be operated on existing reservation
land, none of which were then in urban areas.
Since 20002 the number of Indian gaining casinos has increased significantly. Landless tribes are seeking to
establish reservations in urban areas for the sole purpose of operating a casino. For example, the Lytton Tribe
has publicly stated that they do not intend to operate the Lytton Rancheria,in San Pablo as anything but a casino.
They intend to purchase land in Sonoma County, which is where they are from, to provide homes for their tribal
members. The San Pablo casino is strictly a commercial venture designed to generate revenue. At the same
time, this reservation is removed from the tax rolls and does not contribute to the overall support of public
agencies in Contra Costa County, excepting for the terms of its municipal services agreement with the City of
San Pablo. Nonetheless, numerous studies and actual experiences of other communities have shown that tribal
casinos have a si1gria fficant impact on the surrounding community, which, unless mitigated can be detrimental to
the health and welfare of its host county. Contra Costa County government has the obligation and the right to
provide for the health, safety, environment infrastructure and general welfare of its residents and therefore
rovi I
should consider a position that best protects its citizenry.
The attached Resolution 2005/181 enumerates concerns about Indian casinos in Contra Costa County; concludes
that new casinos within Contra Costa County should not be created, existing casinos should not be expanded
and reservations on which there could be gaming operations should not be established; and adopts this position
as the official policy of the Board of Supervisors.
Senate Bill 113 Weinstein)
As noted earlier, the Lytton Rancheria acquired its status as an Indian reservation that was deemed to have been
established prior to the effective date of IGRA because of Congressional action on December 27, 2000 (see
language below).-
PUBLIC LAW 106-568
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Notwithstanding any other provision of law,the Secretary of the Interior shall accept for the benefit of the Lytton
Rancheria of California the land described in that certain grant deed dated and recorded on October 16,2000,in the
official records of the County of Contra Costa,California,Deed Instrument Number 2000229754.The Secretary shall
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All •
declare that such land is held in trust by the United States for the benefit of the Rancheria and that such land is part of the
reservation of such Rancheria under sections 5 and 7 of the Act of June 181, 1934(48 Stat.985;25 U S.C.467). Such land
shall be deemed to have been held in trust and part of the reservation of the Rancheria prior to October 17, 1988.
Senator Feinstein's bill, S 113, would modify the 2000 action by deleting the last sentence in the above
paragraph. Deletion of the last sentence would have the effect of requiring that the Lytton Band
complete the two-part determination process (approval by both the Secretary of Interior and the
Governor) prior to engaging in Class III gaining. This would place the Lytton Band in the same
position as other tribes that acquire land and put it into trust after October 17, 1988. S 113 reverses the
special preference given to the Lytton Band. It does not affect the Lytton Band's acquisition of land in
San Pablo nor does it block a casino proposal, subject to the two-part determination process of IGRA.
The attached Resolution 2005/182 enumerates the reasons for supporting S 113 and adopts a position
of support by the Board of Supervisors.
ACA 15 (Nation)
ACA 15 is a constitutional amendment proposed by Assemblyman Joe Nation (Marin/Sonoma) which
would place a proposition before the voters of California asking them to authorize a moratorium on
new Indian casinos in California until 2008, pending a study of Indian gaming. ACA 15 would create
a commission on tribal gaming that is charged with studying and reviewing all aspects of tribal gaming
in California, including, but not limited to public safety, financial impacts, social and environmental
impacts, local control, consolidation initiatives and further necessary statutory or constitutional
provisions related to tribal gaming. The commission would be required to submit a report of its study
to the Legislature and Governor on or before January 1, 2007.
A 2003 CSAC survey identified 172 known tribes in California (either currently federally recognized
or seeking recognition). At that time, there were 54 casinos in operation and 26 proposed casinos in 34
counties. These numbers have since grown rapidly and novo include the 3 in Contra Costa County.
ACA 15 would give the State of California time to reflect on the implications of Indian gaming in
California and to take into consideration the needs of all parties in the siting of casinos. The study
required by ACA 15 would permit the development of a comprehensive public policy.
The attached draft letter to Assemblyman Nation expresses Contra Costa County's support for ACA
15.
Congressman Pombo's Discussion Draft Bill
Congressman Pombo is circulating a discussion dram bill which would authorize the Secretary of the Interior to
designate two Indian Economic Opportunity Zones in each state. One zone would be on Indian land, the other
on lands that are not currently reservations as of the effective date of the bill (these lands would then be taken
into trust on behalf of all the tribes participating in the Economic Opportunity Zone). Participation by tribes
would be limited to those which do not have ownership interests in other gaming facilities on other Indian land.
Establishment of a zone is subject to the approval of"the state, city, county, town, parish, village and other
general purpose political subdivisions of the state with authority over the land that is current or contiguous to the
Indian Economic Opportunity Zone."
Congressman Pombo's bill addresses the proliferation of Indian gaming casinos by creating up to two "mini-Las
Vegas's" with multiple casinos. It also recognizes the need for concurrence of local jurisdictions in the process.
Both of these elements of the bill are very positive. From the County's perspective, however, the bill would be
strengthened through inclusion of the following points:
■ Currently, the bill could be read to allow a city to approve an Economic opportunity Zone within its
jurisdiction without concurrence of the county. Yet there could be a significant impact on county
services and infrastructure. A new land use of this magnitude should also require concurrence of the
host county and the state.
■ The County's experience with the current proposed casinos has demonstrated the difficulty of assessing
impacts when the County is not the lead agency in the environmental review process. Since these
Economic Opportunity Zones could have statewide or regional impacts, it would make sense for the state
to have jurisdiction over the environmental review process and be responsible for both its conduct and its
certification.
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■ Numerous studies and the actual experiences of other communities have shown that Tribal casino
operations have caused extensive off-reservation impacts, such as increased traffic congestion, noise, air
and water pollution and water supply demands, as well as increased law enforcement and public safety
burdens, and additional social and health impacts on surrounding communities, costing local governments
hundreds of millions of dollars annually. Casinos located in an Economic Opportunity Zone should be
required to provide fall mitigation of the off-reservation impacts of the casino under a legally enforceable
agreement.
The attached draft letter to Congressman Pombo incorporates these points.
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ADDENDUM T4 ITEM D.3
April 5, 2005
On this day,the Board of Supervisors considered recommendations to adopt Resolutions 2005/181,
2005/182,adopting a position of support of ACA 15 (Nation),and the consideration of comments on a
draft bill proposed by Congressman Pombo and the authorization and direction of staff to communicate
the Board's positions on Indian Gaming to appropriate parties,as outlined in the Board Order.
Sara Hoffman of the County Administrators Office presented staff's report to the Board.
The public was invited to address the Board. The following persons provided testimony in support of the
proposed actions of the Board:
■ Dean Marshall, 5984 Westview Place, San Pablo;
■ Barbara Bechnel, 305 Chesly,Richmond;
■ Mike Daley,6143 Rose Arbor Ave., San Pablo,speaking on behalf of the Sierra Club;
■ Margaret Hanlon-Gradie,3407 Clearfield Ave., Richmond;
■ Andres Soto,2420 Lowell Ave.,Richmond;
■ Ethel Dotson, 396 South St.,Richmond.
The following persons provided testimony opposing the proposed actions of the Board:
■ Les Williams,3261 Bress Ave.,Alameda, speaking for himself as a Pomo Indian;
■ Lee Jones,200 Willard,Richmond;
■ Ted Smith, 770 So. 13d',Richmond;
■ Jerry Jefferson, 1729 51h St.,Richmond;
■ Fred Jackson, 1852 3rd St.,Richmond;
■ Dorothy Lightner, 1555 3rd St.,Richmond,did not wish to speak but wished her support of
the testimony of Fred Jackson be recorded;
■ Jim Levine, 1900 Powell St.,Emeryville;
■ Pauline Girvin, 175 Seminary Ave.,Ukiah, speaking as attorney for the Scotts Valley Band
of Pomo Indians;
■ Donald Arnold, 22889 Nevada Rd.,Hayward,speaking on behalf of the Scotts Valley Band
of Pomo Indians.
The following persons did not speak,but wished to go on record in support of the proposed Scotts Valley
casino project in North Richmond:
■ Ernestine Cambell, 1608 N.Gade,Richmond;
■ [illegible] Ortega,P.O. Box 429,Richmond;
■ Harriet Wafer, 36 Sandford Ave,Richmond;
■ Juanita Williams, 1555 3rd St.,Richmond;
■ Adah Frefman, 3200 Tulare Ave.,Richmond;
■ Kenya Higgins, 1525 Giaramita St.,Richmond;
ADDENDUM TO ITEM D.3
April 5, 2005
Page 2 of 2
■ Aldric N. Slaughter, 1868 First St.,Richmond;
■ Helen Skipper, 317 Duboce Ave., Richmond;
■ Ellen Jones, 15553 #222,Richmond;
■ Alferd Reese,317 Duboce Ave.,Richmond;
■ Rosalind Williams, 1555 3rd St., Richmond;
■ Than Turner, 1555 3rd St.,Richmond;
■ Benjamin Morris, 1555 3rd St.,Richmond;
■ Annie Smith,317 Duboce,Richmond;
■ Bob Ellison,259 Sanford Ave.,Richmond;
■ Charles Gatson,317 Duboce,Richmond.
The Chair returned the item to the Board.
Supervisor Gioia requested an amendment to Resolution 2005/181,changing the phrasing of the third
"Whereas"from"...none of which were in urban areas,"to read: "...none of which were then in densely
populated urbanized areas."
Supervisor Gioia stated he feels the Board has an obligation to be protective of both communities and of
regional impacts. He said there is no doubt that the opening of a Las Vegas-style casino would change the
character of the community, and he said that there are serious doubts about whether the opening of a
casino is the best way for a community to achieve economic sufficiency. He said it is important to sort out
promises from reality,noting in particular the area of quality jobs being brought into the community by
casinos. He said that ongoing discussions of these matters by the Board will be important.
Supervisor DeSaulnier remarked on the comments provided by Donald Arnold of the Scotts Valley Band
of Pomo Indians,who stated in his testimony that Board actions could negate sovereignty of Native
Americans, because"this [gaming] is what the government gave us." Supervisor DeSaulnier said he felt
that statement reflects what is a national tragedy.
Supervisor Piepho expressed support of this item as a preventative means to protect the County's vital
resources.
Supervisor Uilkema noted that in every evaluation seen so far trying to evaluate possible mitigation,
infrastructure and service systems such as police,health,water,and transportation would be
overwhelmed. She also noted that she does not believe the casino proposals are aligned with the will of
the people when they voted for Proposition 1 A in March 2000.
The Board of Supervisors took the following action by unanimous decision with Supervisor Glover being
absent:
ADOPTED Resolution 2005/181 on Indian Gaming in Contra Costa County, opposing the creation or
expansion of any further Indian gaming casinos within Contra Costa County as well as the establishment
of reservations on which there could be Indian gaming; ADOPTED Resolution 2005/182, supporting
Senate Bill 113 (Feinstein); SUPPORTED ACA 15 (Nation); CONSIDERED comments on a draft bill
being proposed by Congressman Pombo which would provide for two"Indian Economic Opportunity
Zones" in each state and limit new Indian gaming to those zones;AUTHORIZED and DIRECTED
staff,the County's State Representative and the County's Federal Representative to communicate the
Board's positions to appropriate parties.
LIST OF AT TACHM ENT S
A. Urban Gaming
1. Resolution 2005/181 —Indian Gaming in Contra Costa County
2. CSAC Fact Sheet on Indian Gaming in California (as of 11/5/03)
3. CSAC Revised Policy Document Regarding Development on Tribal Lands
4. Original CSAC Policy Document Regarding Compact Negotiations for Indian
Gaming
5. August 11, 2004 Letter to National Indian Gaming Commission on the Scope of
the EIS for the Lytton Rancheria Casino Project
6. Briefing for Senator Tom Torlakson on the Environmental Review for Lytton
Rancheria San Pablo Casino Project(February 17, 2005)
7. March 17, 2005 letter from the Lytton Band to the Governor Regarding the
Tribal-State Compact
8. Citizens Petition Opposing the Casino San Pablo Project
9. March 26, 2005 Newspaper Article on Bingo-based, Pseudo-slot Machines
10. Letter to the Bureau of Indian Affairs on the Scope of the Environmental Impact
Statement for the Scotts Valley Band of the Pomo Indians Trust Acquisition and
Casino Project
11. January 13, 2005 Letter to Bureau of Indian Affairs for the Scoping Report for the
Scotts Valley Casino Project
12. Federal Register Notice on the March 31, 2005 Scoping Meeting on the Guidiville
Band of Pomo Indians Proposed Acquisition and Casino/Resort Project
B. S 113 —Feinstein
1. Resolution 2005/182 in Support of S 113
2. Excerpts from the Omnibus Indian Advancement Act
3. Statement by Senator Feinstein on S 113
4. Text of S 113
ACA 15 (Nation)
1 Draft Letter in Support of ACA 15
2 Text of ACA 15
D. Congressman Pombo's Discussion Draft Bill
1. Draft Letter on Discussion Draft Bill
2. Text of Discussion Draft Bill
r
A-2
CSAC Fact Sheet on Indian Gaming in California
(As of 11/5/2003)
The following information was compiled by the California State Association of Counties(CSAC)from
research from other sources as well as from the survey that CSAC conducted of California's 58 counties
in May 2003. CSAC received responses from 54 counties and the survey results indicate that there are 54
casinos in operation with 26 proposed casinos in a total of 34 counties. Of those 34 counties impacted by
Indian Gaming,there are 78 Tribes in those counties and only 18 local agreements for mitigation of the
off-reservation impacts and health and safety services that counties are required to provide. The survey
also indicated that many counties have not yet completed an impact analysis on Indian Gaming due to
limited information or lack of financial resources. However, 8 counties have conducted comprehensive
impact analyses which indicate that the fiscal impacts are approximately$200 million while only
receiving$21.4 million in mitigation payments from tribal governments.
Ifyou have an questions or would like more information on the following fact sheet please contact
y
DeAnn Baker or Jolena Voorhis at CSAC(916.327.7500). In addition,if you are interested in individual
copies of county responses please contact Helen Cascaddan at CSAC.
Number of Tribes/Compacts in California
Total Number of Tribes in California with current Compacts, Request for Compacts, or
Petitioning for Federal Recognition, or unknown status: 172
Total Number of Tribes in California that have Federal Recognition: 108
Total number of Tribal-State Compacts in California: 65*
Compacted Tribes that have active gaming facilities: 52
Compacted Tribes that are non-gaming: 13
Total number of Tribes that have Class II Gaming but no compact: 1
Total number of Tribes that have requested a compact from Governor Davis: 13
Total number of Tribes that are petitioning for Federal Recognition: 50
Total number of Tribes that have withdrawn petitions or were denied by the BIA: 7
Total number of Tribes where their status is unknown: 39(including 32 tribes that are federally
recognized with no other status)
*These figures do not include the recent compact signed by Governor Davis for the Ft.Mojave Tribe,since the
compact has not been approved by the Legislature.
Tribal Enrollment of Federally Recognized Tribes
Total Number of Tribal Enrollment(80 Tribes): 46,309
Tribal Enrollment in Gaming,Compact Areas: 18,603
Tribal Enrollment in Non-Gaming, Compact Areas: 6,644
Tribal Enrollment in Federally Recognized,Non-Compact Areas: 21,062
*Data compiled from the 2002 Field Directory of the California Indian Community,Department of Housing and
Community Developments 80 Tribes noted enrollment out of 108 listed in the Report. Those Tn`bes that left this
item blank or noted 0 in population were not included in the total number of Tribes.
1
Tribal Population of Federally Recognized Tribes(96 Tribes): 51,385
*Data compiled from the 2002 Field Directory of the California Indian Community,Department of Housing and
Community Development. 96 Trues noted population out of 108 listed in the Report.Those Tribes that left this
item blank or noted 0 in population were not included in the total number of Tribes.
Tribal Acreage of Federally Recognized Tribes
Total Tribal Acreage in California(97 Tribes): 989,643 acres
*Data compiled from the 2002 Field Directory of the California Indian Community,Department of Housing and
Community Development Data from 97 Tribes total out of 108 listed in the Report. Those Tribes that left this
item blank or noted 0 in population were not included in the total number of Tribes.
Counties and Tribes
■ Forty-five counties with Indian Tribes in gaming,non-gaming,petitioning for federal
recognition, or proposed gaming.
■ Twenty-six counties with active gaming in their communities. (Total of 53 Tribes in
those 26 counties).
■ Thirty-four counties with active and proposed gaming. Of those, eight counties have
proposed gaming and do not have any current gaming facilities. Total of 78 Tribes in
those thirty-four counties that have active or proposed gaming.
■ Twenty-five counties with tribes that are petitioning for federal recognition. Of those,ten
counties do not have any active or proposed gaming in their communities.
■ One county has a tribe where the status of the tribe is unknown(Alpine).
■ Fourteen counties with no tribes in gaming,non-gaming,petitioning for federal
recognition or proposed casinos: Alameda,Merced,Monterey,Napa,Nevada,
Sacramento, San Francisco, San Joaquin, San Luis Obispo, Sierra, Stanislaus, Sutter, and
Ventura.
*Numbers include the June 25,2003 opening of the Picayune Rancheria Casino in Madera County,and
the November 3,2003 opening of the Lytton Band in Contra Costa County(Class Two Gaming).
Indian Gaminp,Facilities in California
Total number of fully operational casinos in California: 53
Total number of casinos with Class H gaming: 1
Total number of proposed casinos: 26
Memorandums of Understanding
Total number of MOUs or local agreements with Counties in California: 18
Alpine(no casinos in development),Amador(2 separate MOUs),Del Norte(Proposed
Casino),Humboldt,Imperial,Madera,Mono(casino closed), Placer, Riverside, San
Diego (4 separate MOUs), Santa Barbara,Tuolumne,Yolo,and Yuba(Proposed Casino).
Total number of comprehensive MOUs which provide for mitigation for most areas of service
impacts: 6 (Del Norte,Madera,Placer,Tuolumne, Yolo, Yuba)
2
Impact Analvs1s
• There are currently 12 counties that have done an impact analysis, and 8 counties have
included the fiscal impacts of Indian Gaming on the county. The total fiscal impact to
those 8 counties is approximately$200 million,which *includes$182.5 million in one-
time costs and$16.7 million in annual costs to counties.
• Of the 8 counties that have conducted an analysis of the fiscal impacts,only 5 of those
counties are receiving mitigation payments of approximately$21.4 million. The$21.4
million includes$16.5 million in one-time payments and$4.9 million in
payments.
• There are currently another 5 counties receiving mitigation payments which have not yet
conducted an impact analysis. The total amount of payments to those counties is
approximately$8 million which*include $854,000 in one-time payments and$7.2 million
in payments.
'0'
• Currently, 10 counties in total receive approximately$29 million in mitigation payments
rV
from Indian Tribes.
ribes.
• There are 5 additional counties which are currently conducting an impact analysis or have
been unable to quantify the impacts at this time.
3
CSAC Revised Policy Document Regarding
Development on Tribal Lands
Adapted by CSAC Board of Directors
November 18, 2004
Background
On February 6, 2003,CSAC adopted a policy which urged the State of California
•
ino-style gambling
to renegotiate the 1999 Tribal-State Compacts which govern cas
for approximately 65 tribes. CSAC expressed concern that the rapid expansion of
Indian gaming since 1999 created a number of impacts beyond the boundaries of
tribal lands,and that the 1999 compacts failed to adequately address these impacts.
The adopted CSAC policy specifically recommended that the compacts be amended
to require environmental review and mitigation of the impacts of casino projects,
clear guidelines for county jurisdiction over health and safety issues, payment by
tribes of their fair share of the cost of local government services, and the reaching of
enforceable agreements between tribes and counties on these matters.
In late February, 2003, Governor Davis 'invoked the environmental issues re.
opener clause of the 1999 compacts and appointed a three member team, led by
former California Supreme Court Just-ice Cruz Reynoso,to renegotiate existing
compacts and to negotiate with tribes who were seeking a compact for the first time.
CSAC representatives had -several meetings with the Governor's negotiating team and
was pleased to support the ratification by the Legislature in 2003 of two new
a-
compacts that contained most of the provisions recommended by CSAC. During the
last days of his administration,however, Governor Davis terminated the renegotiation
process for amendments to the 1999 compacts.
Soon after taking office, Governor Schwarzenegger appointed former Court of
Appeal Justice Daniel Kolkey to be his negotiator with tribes and to seek amendments
to the 1999 compacts that would address issues of concern to the State,tribes,and
local governments. Even though tribes with existing compacts were under no
obligation to renegotiate, several tribes reached agreement with the Governor on
amendments to the 1999 compacts. These agreements lift limits on the number of
slot machines, require tribes to make substantial payments to the State, and
incorporate most of the provisions sought by CSAC. Significantly,,these new
compacts require each tribe to negotiate with the appropriate county government on
the impacts of casino projects, and impose binding'-"baseball style"arbitration on the
tribe and county if they cannot agree on the terms of a mutually beneficial binding
agreement. Again, CSAC was pleased to support ratification of these Compacts by
the Legislature.
The problems with the 1999 compacts remain largely unresolved, however, since
most existing compacts have not been renegotiated. These compacts allow tribes to
develop two casinos, expand existing casinos within certain limits, and do not restrict
As
as dei
A-4
Original CSAC Policy Document Regarding
Compact Negotiations for Indian Gaming
Adopted by the CSAC Board of Directors
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 siccant economic, social,
environmental,health, safety, and other'impacts.
CSAC believes thecurrent 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-reservation2land 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
Z As used here the term"reservation"means Indian Country generally as defined under federal law,
and includes all tribal land held in trust by the federal government. 18 U.S.C.§ 1151.
4
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 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.
5
C(.;unty Administrator Board of Su A-5
Contra
John Gioia
County Administration Building 1 District
651 Pine Street, 11 th Floor Costa
Gayle B.Uilkema
Martinez,California 94553-1229 2nd District
(925)335-1080 County
(925)335-1098 FAX Millie Greenberg
V .... 3rd District
John Sweeten •'��= --��'�
••'> �'• Mark DeSaulnier
County Administrator ��;, 411 District
o� 's Federal D.Glover
• •� 5"'District
August 11, 2004 `'°`sr- = "•`�
Christine Nagle
NEPA Coordinator
National Indian Gaming Commission
1441 L Street, NW, Ninth Floor
Washington, DC 20005
RE: DEIS Scoping Comments, Lytton Rancheria Casino Project
Dear Ms Nagle:
Thank you for the opportunity to comment on the scope of the Environmental Impact Statement
(EIS) for the Proposed Lytton Rancheria Casino Project in San Pablo, California. The
attachment details Contra Costa County's request on specific issues to be addressed in the EIS.
In addition, we would appreciate it if the EIS would address the following more general issues:
Project Description-At this time, the County does not have a detailed project description For
example, the preliminary project information packet stated the complex would contain
approximately 500,000 to 600,000 square feet of floor space. This is a 20% variance and could
significantly affect the impact of the project. The EIS should provide a comprehensive, detailed
project description, so that impacts can be clearly assessed.
The project description should also include details on the expected number of employees by job
classification, skill requirements for each of the job classifications and remuneration levels,
including benefit packages. Details on expected patrons should also be included, such as age
and income distribution of patrons, socioeconomic status, lifestyle characteristics and trip
origination. In addition, the description should include an estimate of the number of patron trips
that are destination trips, expected length of time per patron in the casino and expected demand .
for overnight accommodations or ancilldry services not provided on the project site.
Worst Case Scenario -In all cases, the EIS should examine the worst-case scenario for impacts.
Assuan,tions--Assumptions used to determine impacts should be clearly articulated with solid,
scientific data providing the rationale for the selection of the assumption figures whenever
possible.
Mitigation Measures—Mitigation measures should be specifically identified for each of the
impacts. If more than one mitigation measure is possible, then all should be identified.
Effectiveness of the mitigation measures should also be assessed.
Cumulative Impacts - The EIS should also analyze and disclose the cumulative impact of all
three Indian gaming proposals within the immediate West Contra Costa area, and the alternatives
should include an analysis of less than all three projects moving forward.
Contra Costa County would also like to be a cooperating agency in this process. The primary
contact is:
Sara Hoffman
Assistant County Administrator
651 Pine Street, 11"'Floor
Martinez,CA 94553
(925)335-1090
shoff ikao.cccounty.us
Thank you.
Sincerely,
HN S TEN
ounty Administrator
cc: Board of Supervisors Members
City of San Pablo
Attachment
Attachment
August 11,2004 Letter
Contra Costa County
SCOPE OF EIS
Lytton Rancheria San Pablo Casino Project
It is important that the EIS thoroughly analyze all physical, social, economic and fiscal impacts
of development and operation of the project and identify mitigations that can help ensure that it
is not detrimental to the community. In addition, the EIS should examine any possible future
uses for the site, planned or considered by the tribe, as well as any future plans to acquire
additional sites, whether trust or non-trust, in order to fully assess the possible cumulative impact
of the project or projects. I
At this point, the lack of a complete project description makes it difficult to comment on the
entire scope of potential impacts. Following are the comments on specific impacts that the
County is able to offer at this time, based on the information currently available to us. The
County reserves the right to request amendments to the scope of the EIS following receipt of a
complete project description. In addition, the County's comments are not intended to address
any obligations that the Lytton Rancheria may have in the negotiation of a state-tribal compact,
including but not limited to issues regarding security and criminal justice.
Please note that the phrase "the impact" means "any and all impacts" within the context of these
comments on the scope of the EIS.
Transportation Impacts
Traffic Analysis A traffic analysis should be performed including trip generation, trip
distribution, mode choice (car, bus, tour bus, etc) and trip assignment,to determine which streets
and intersections will be impacted, and how much they will be impacted in terms of traffic
congestion and delay. At minim,the analysis should include the following roadways and their
intersections:
Camino Pablo,from Highway 24 to Bear Creek Road
San Pablo Dam Road, from Bear Creek Road to San Pablo Avenue
All intersections along the aforementioned stretch of San Pablo Dam Road
San Pablo Avenue from San Pablo Dam Road to Richmond Parkway,including intersections
1-80 in the project vicinity
1-80/San Pablo Dam Road interchange
1-80/El Portal Drive interchange
1-80/McBryde interchange
San Pablo Avenue/El Portal Drive intersection
San Pablo Avenue/County Road 20 intersection
Peak Periods - The traffic analysis should take into account both existing peak periods and
"non-traditional"peak periods associated with gaming establishments.
Public Transit System - The EIS should examine existing public transit routes and schedules and
assess their adequacy to meet estimated demand of project employees and patrons. In addition,
Attachment
August 11,2004 Letter
Contra Costa County
the EIS should examine the ability of the public transit system to meet needs under the
Americans with Disabilities Act.
Regional Transportation Infrastructure — The EIS should assess the impact of the project on the
regional infrastructure, including financing alternatives. Street improvement requirements
should be identified, including, but not limited to, widenings, construction standards (state
standards), drainage requirements, streetscapes, street lighting and maintenance requirements.
Traffic Demand Forecasting- The traffic analysis should use a travel demand forecasting model
that is accurate, up to date, and has an adequate horizon year. The Contra Costa Transportation
Authority is finishing up a revision of its regional forecasting model and the County suggests use
of this model. Care should be taken to ensure that the input data and validation and calibration
data(land use data, population data, and traffic counts, for example) are accurate and up to date.
Evaluation Criteria - Criteria must be established to determine whether the project's
transportation impacts are significant. The County suggests use of the traffic service objectives
that have been established in the West Coun(y Action Plan for Routes of Rezional S�nifrcance
and the traffic service objectives that have been established for non-regional ("basic") routes as
listed in the general plans of the County and City of San Pablo. The County can provide the
details on these traffic service objectives at the appropriate time.
Road Quality - The analysis should determine whether the increase in traffic from the project
would add to roadway deterioration over time and therefore increase the maintenance required
for the area' s roadways.
Employee Trip Generation— The EIS should identify the number of trips by mode generated by
casino employees and their probable originations/destinations. The EIS should also identify if
the project intends to provide transportation support services for employees and, if so, their
extent and nature.
Utility Impacts
Utilities- The EIS should identify the source or supplier of all utilities, including natural gas and
electricity for the facility, including alternate or backup power supplies. The EIS should also
assess the capacity of the supplier to meet project utility needs with existing
infrastructure/delivery systems.
Water Supply— The EIS should identify if the water supply will be from an existing municipal
water system and verify source capacity. If the project proposes to construct its own water
supply system, the EIS should examine its level of compliance with state and federal drinking
system standards both for its construction and operation.
Wastewater Treatment and Disposal— The EIS should identify the volume of wastewater that
will be generated by the project, treatment methods and standards and disposal. Any impacts on
waxer quality or adjacent properties should be identified and quantified. If the project proposes
to utilize an existing community sewage system for waste disposal, the EIS should identify the
impact on the capacity of the system. If the project proposes to provide onsite wastewater
2
Attachment
August 11,2004 Letter
Contra Costa County
treatment and disposal system, the EIS should assess the compliance of the system with San
Francisco Bay Area Regional Water Quality Control Board standards for treatment and
discharge.
Wastewater Treatment Facilities — If the project intends to utilize the service of existing
wastewater treatment plants in the area, the EIS should examine the adequacy of those plants,
both now and to accommodate future development as affected by the project.
Noise impacts
Noise from Trac - The EIS should analyze the noise impacts by time of day/night and day of
the week from traffic resulting from the project, including noise from vehicles entering and
leaving the casino site and noise impacts from truck traffic and other traffic that is diverted from
the casino area into other neighborhoods.
The noise analysis should cover the same geographic area as the traffic analysis, including all the
roadway segments and intersections identified under Trac Analysis.
Noise from Casino Operation - The EIS also should forecast the noise impacts (both interior and
exterior) from the operation of the casino itself, including noise from any outdoor activities such
as concerts or sporting events or from loudspeakers. An acoustical analysis should be required
for both interior and exterior noise.
Soil Impacts
Foil Quality — The EIS should analyze site soils to determine if there are liquefiable soils, soil
contaminants or other soil characteristics that could affect environmental quality or building
construction requirements. If so, the EIS should identify control mechanisms, including but not
limited to control of contaminants that could become airborne contaminants.
Hazardous Materials and Waste Impacts
Hazardous Materials and Waste Management, Including Emergency Responses — The EIS
should identify the type and volume of hazardous materials and waste that will be used, stored or
need disposal both during construction and operation of the project. The EIS should also analyze
resources needed for inspection and emergency response of incidents.
Disposal Plans—The EIS should identify and assess the adequacy of disposal plans.
Air Quality hupacts
During Casino Development - The air quality analysis in the EIS should identify dust and
particulate control measures that will. be used during grading and construction and their
effectiveness The EIS should identify the level of compliance of those control measures with
San Francisco Bay Area Air Quality Management District regulations.
3
Attachment
August 11,2004 Letter
Contra Costa County
Mobile Source Emissions - There also should be an analysis of the emissions from mobile
sources (transportation sources), particularly identifying the impact of diesel buses, both in
transit and idling on site. The mobile-source air quality analysis should include forecasts of
emissions of nitrogen oxides (NOx), reactive organic gases (ROG), carbon monoxide,
hydrocarbons, and particulate matter(PM-10).
Diesel Power Generators - If diesel power generators are planned to be the primary or back up
source of electricity, the EIS should identify their impact, based on San Francisco Bay Area Air
Quality Management District regulations.
Compliance with State and Federal Regulations — The EIS should assess the impact of the
project on the County and Region's ability to meet state and federal air quality regulations and
identify mitigations to ensure no negative impacts.
Water and Water Quality Impacts
Nater Conservation/Recycling—The EIS should identify the extent to which water conservation
practices and reuse of water will be practiced in the operation of the facility.
Storm Vater Rzazoff-The EIS should assess the impact of the stormwater runoff on the County's
ability to meet its obligations under its NPDES Permit (so-called permit condition C.3
requirements). Generally speaking, the siting of a large impervious surface and the concentration
of automobiles will both accelerate the amount and velocity of stormwater from the site, and
increase pollution loadings, particularly heavy metals and hydrocarbons.
Other Federal Regulations— The EIS should assess the impact of the project on the County and
Region's ability to meet federal water quality regulations and identify mitigations to ensure no
negative impacts.
Storrndrain Infrastructure — The EIS should assess the impact of the project on the storm drain
infrastructure, including capacity to handle planned development.
Solid Waste Impacts
Solid Waste—The EIS should identify the volume of solid waste expected to be generated by the
project as well as disposal and recycling plans and the impact of these plans on existing transfer
stations and landfills. In addition, the EIS should identify the impact of casino construction and
operation on the County's ability to meet its recycling requirements imposed by the State of
California.
During Casino Construction - The EIS should identify the amount and type of construction and
demolition waste expected to be generated during construction of the project. The EIS should
identify the level of compliance for disposal and recycling with local construction and
demolition waste codes.
4
Attachment
August 11,2004 Letter
Contra Costa County
Outdoor Litter — The EIS should identify expected amounts of litter outside the facility,
including its parking lot and adjacent properties, planned control measures and assessment of
their effectiveness.
Visual Impacts
Aesthetics - The EIS should assess the impact of the casino on existing views from other
properties in the vicinity and views of the casino itself in terms of neighborhood compatibility
both during the day and night.
Lighting - Lighting plans for the facility should be identified, including its potential for light
pollution, intensity, area of impact and duration.
Landscaping and,,Weetscapes — The EIS should assess the impact of the project's landscaping
on visual aesthetics.
Signage — The EIS should identify the number, height, location and illumination of all signs or
billboards associated with the project and their visual, lighting and/or auditory impacts.
Land Use Impacts
Jobs/Housing Balance — The proposed project will create jobs, which will in turn create a
demand for new housing. The EIS should analyze the availability and affordability of housing to
address the requirements of project employees, as well as within the community.
Ancillary Developments — The EIS should identify all ancillary non-trust land developments
associated with this project_
Community Impacts
Community Involvement - The EIS should address how residents and stakeholders will be
affirmatively involved in the project design process.
Environmental Justice —The EIS should identify environmental justice issues, including but not
limited to procedural inequity and geographical inequity and how these issues will be addressed.
For example, issues related to procedural inequity could be addressed through a proactive
program of regular and timely outreach and communication that recognizes the multi-cultural/
multi-lingual nature of the community. Concerns related to geographic inequity could be
addressed through programs that would result in the even applicability/enforcement of
environmental rules and regulations that apply to land development elsewhere in the County.
Community Employment—The EIS should identify the range of jobs generated by the project by
skill levels, assess which of those jobs might be appropriate for members of the nearby
communities, including E1 Sobrante, North Richmond and Rollingwood, and what measures
might be taken to ensure job opportunities for community residents. For example, the Contra
Costa County Redevelopment Agency has successfully implemented a program of connecting
5
Attachment
August 11,2004 Letter
Contra Costa County
jobs created by land development activities to local residents through job training and first-
source hiring agreements.
Child Care - The EIS should analyze project child care impacts utilizing the standards and
procedures set forth in Chapter 82-22 of the County Ordinance Code. The analysis should
include assessment of adequacy and affordability of existing child care resources and need for
new resources by location as well as identification of needs by employees, project visitors and
patrons.
Life Safety and Fire Impacts
Compliance with Current Building, Fire and Life Safety Codes — The EIS should analyze the
extent to which the project will provide the protections that would normally be secured through
design, construction and operations of the proposed facility under the California Building Code,
the California Fire Code, the Fire District's Fire Prevention Bureau requirements and additional
life safety codes (e.g., National Fire Protection Association).
Code Enforcement During and After Construction—The EIS should identify how the project will
ensure public safety and timely compliance with safety issues and which public agency, if any,
will have the authority to enforce all relevant codes during and after construction.
Fire Prevention Inspection Requirements -The Contra Costa County Fire District's Fire
Prevention Bureau. normally engages in plan review, construction inspections and maintenance
inspections during the life of a facility. The EIS should assess the extent of compliance with
those requirements, as though the project was not exempt from such requirements.
Authority to Manage Any and All Emergencies on Site -The EIS should identify how
emergencies on the project site that would otherwise be under the authority of the Contra Costa
County Fire District will be managed to ensure the safety of all employees and citizens.
Fire Suppression Requirements and Resources—The EIS should analyze the scope and nature of
emergency response capabilities that will be required to meet the needs of the project, including
fire personnel, equipment and facilities for the Fire District (assuming fire district services). For
purposes of this analysis, response capability should meet or exceed the minimum requirements
of the Contra Costa County Fire District.
Emergency Medical Services —The EIS should identify the demand for Paramedic-Level
responses on the project site and related to project operations (including traffic casualties). The
EIS should assess additional resources needed by the Fire District or County Emergency Medical
Services (EMS), including personnel, equipment and facilities, as though the Fire District/EMS
provided these services. Such responses (personnel and times) should meet or exceed the
minimum requirements of the Fire District. The EIS should also assess the additional demand on
Sheriffs Patrol since it is the policy of Contra Costa County Fire Department to request a law
enforcement response to every call for service in North Richmond.
6
Attachment
August 11,2004 Letter
Contra Costa County
Dispatching of Fire District Resources-The EIS should assess the number of additional calls for
service and associated increase in dispatch resources.
Safety and Security Impacts
Safety and Loss Prevention — The EIS should identify measures that will be taken to prevent
and/or minimize criminal behavior on and off the property, such as screening and background
checks of casino and other employees, internal and external security measures, internal operating
procedures and a comprehensive staff and security staff training program.
Nature and Magnitude of Criminal Activity — The EIS should assess the nature, frequency and
magnitude of criminal problems experienced in and around gambling, alcohol and entertainment
facilities, such as the proposed project, including but not limited to fights, drunk in public,
prostitution, cheating, robberies and fraud related issues.
Crowd and Traffic Control Requirements — The EIS should examine the need for crowd and
traffic control for special events as well as the potential demand for police response.
Onsite Detention Facility — If the project plans to provide an onsite detention facility, then the
EIS should assess its compliance with federal and state correction facility structural standards.
Bookings into County Detention Facilities — The EIS should estimate the number and type of
physical arrests resulting from the project and the number of arrests that would require custody,
i.e., booking into the County Detention Facility.
Justice System Impacts
Jurisdictional Authority — The EIS should identify jurisdictional authority for investigations of
crimes that occur on the site as a result of the existence of the project or by individuals associated
with the project.
Prosecution and Defense — The EIS should estimate the increases in criminal prosecutions as a
result of the project by type of crime. In addition, the EIS should estimate the number of crimes
for which the Public Defender would be required to provide defense by type of crime.
Court Facilities—The EIS should estimate the number crimes that would be adjudicated in court
by type of crime. z
County Detention Facilities— The EIS should estimate the number of individuals that would be
incarcerated by duration of sentence as well as profile the characteristics of inmates (with an
assessment of necessary ancillary services, such as mental health counseling, substance abuse,
batterers' treatment, etc.).
Probation — The EIS should estimate the number of individuals who would be put under
probation supervision through the court process, including the length of the probationary period.
7
Attachment
August 11,2004 Letter
Contra Costa County
Disaster Management
Disaster Management Requirements and Resources — The EIS should analyze the nature and
possible impact of various large-scale emergencies that could affect the integrity of the facility
and its operation; plans and protocols to handle disasters, emergencies and bomb threats (or
actual explosive devices); and need for fire alarm procedures as well as the resources needed for
first responders (police, fire, emergency services and others) to help ensure that the proposed
facility and its occupants are prepared for disaster situations.
Mutual. Aid in Disasters - The EIS should address the potential need for mutual aid during an
emergency or disaster.
Health and Human Services Impacts
Gambling Addiction — The EIS should estimate the number of patrons living in Contra Costa
County who annually will become addicted to gambling and an assessment of the range of
consequences for those individuals, including but not limited to loss of employment, domestic
violence, depression and any associated new service demands on the County (such as General
Assistance, CalWORKS, health care for the uninsured).
Domestic violence — The EIS should estimate the increase in domestic violence incidents
involving project patrons and employees as well as resulting service demands (Sheriff's
response, battered women's shelter services, child welfare services, court intervention, probation,
etc.).
Mental Health— The EIS should assess the increased demand on County mental health services
by type of mental illness, severity and estimated recovery time, as a result of patronage by the
individual or by a family member or proximity to the project.
Health Care and Health Care Access—The EIS should estimate the increased demand for health
care services by type of service due to traffic accidents, air quality deterioration, excessive
alcohol and/or drug use, violence, etc. Contra Costa County currently provides health care
access for all residents up to 300% of the poverty level in the County. The EIS should also
estimate the number of individuals who would be covered by the County's policy as compared to
those who would require services under private coverage. A large influx of minimum wage
workers without health insurance could severely impact access to health care in West County for
all residents. The EIS should describe plans for providing health coverage to those who will be
working at the casino.
Cal WORKs and General Assistance -- The EIS should assess the number of individuals and
families who would require CaIWORKs or General Assistance as a result of loss of income due
to gambling.
Child Abuse and Neglect—The EIS should estimate the increases in child abuse and neglect due
to a parent/guardian's absence due to patronage at the project and/or subsequent behavior toward
children because of gambling losses or increased drinking.
8
Attachment
August 11,2004 Letter
Contra Costa County
Smoking— The EIS should identify if smoking would be allowed in the casino and, if so, what
the health impact might be both for smokers and those affected by second hand smoke.
Food Safety—The EIS should identify measures that will be taken to ensure that food is handled
in a safe and sanitary manner to avoid food-borne disease outbreaks. The EIS should also
identify the standard for handling food and training employees on safe food handling processes,
and if not consistent with California Uniform Food Facilities law, then how the project will
ensure an equal or greater level of protection.
Alcohol. Consumption — The EIS should identify whether or not alcohol will be served on the
premises and, if so, examine how the project will ensure compliance with alcohol and beverage
laws and that patrons drink responsibly on the site and off the site.
School and Youth Impacts
Truancy — The EIS should estimate the number of children and youth who would skip school as
a result of the project.
Underage Patrons — The EIS should identify age restrictions for patrons, plans to prevent
underage patronage and assess the effectiveness of those plans.
Site and Suitability Impacts
Appropriateness of Location — The EIS should assess the appropriateness of the site as well as
the site's location for the proposed project as it relates to traffic, economics, community, health,
safety considerations, the proposed Scotts Valley Band casino project in the North Richmond
and the proposed Point Molate casino project in the City of Richmond.
Private Residences — If private residences of tribal members will be located in the project site,
then the EIS should assess the demand for County services by these new County residents.
Tax,Revenue and Financial Impacts
Property Tax Revenues— The EIS should examine the annual property tax revenues that will be
lost to local taxing agencies, by agency, including revenue growth. In addition, the EIS should
estimate the additional lost property tax revenues after expiration of the time limits in the City of
= San Pablo Redevelopment Agency Plan.
Sales Taxes — The EIS should estimate the volume of sales on the project site which would
normally be subject to sales taxes, and identify whether or not the tribe intends to collect and
remit sales taxes (at the normal rate) to the State Board of Equalization on a timely and regular
basis, consistent with non-tribal sales tax collection and remittance practices.
Other Revenues—The EIS should identify and estimate any other revenues that would be lost to
local public agencies, such as transient occupancy taxes, which would normally accrue to the
agency if not for the tax-exempt status of the tribe.
9
• Atv�dknent
August 11,2004 Letter
Contra Costa County
Cost of Services— The EIS should estimate the overall annual costs to the County, including its
dependent special districts, of providing increased levels of service due to the existence of the
project, by type of service as well as the increased capital costs for facilities, equipment or
infrastructure. Increased costs should take into account financing limitations of state and federal
funding.
Liabilities—The EIS should identify all potential liabilities to Contra Costa County as a result of
the project by type of liability.
Capability and Financial Capacity
Capability to Manage Project — The EIS should examine the ability of the tribe, its consultants,
advisors, managers and/or investors to successfully develop the project as proposed and to
manage its operations. The EIS should identify any past experience of the parties involved in
this project in managing similar projects and their track record of success.
Financial Capacity — The EIS should identify the financing sources for both the development
and the management of the project by source and the relationship among all parties involved in
the project.
10
A-6
At-",
TY •r. � _ " •�I
CONTRA COSTA COUN �.)
Briefing for �-
Senator Tom Torlakson
on the Environmental Review
Lytton Rancheria San Pablo Casino Project
February 17, 2005
The Lytton Rancheria San Pablo Casino Project proposal is unique in several ways: it is one of
the very few urban casinos in the United States and one of the first to be considered under
California's newly restructured tribal-state gaming compact. The result is lack of models to
follow in the analysis and review of the off-reservation impacts of the casino project. Under the
current proposed tribal-state gaming compact, Contra Costa County has the responsibility and
obligation to negotiate with the tribe on behalf of all affected local public agencies (except the
City of San Pablo), as well as to represent the interests of the community at large. It is a
challenging responsibility due to many factors, including scope, timing and cost.
■ Scope of Review — Currently, the County does not have a complete project description
(although it did receive a verbal overview on February 9th). Many details necessary to
perform environmental review are currently unknown by the County.
■ Timing — The time between the tribe's notice of preparation of the draft TEIR and its
issuance is very short. within 130 days of the Notice of Preparation of the TEIR, the
negotiations on the intergovernmental agreement are expected to be concluded. If the
negotiations are not concluded in this time period, any party can demand binding
arbitration. By analogy, for a non-tribal project of this magnitude, an environmental
report under CEQA could take anywhere between six to nine months to complete
following receipt of a comprehensive project description.
■ Cost — While the County is committed to negotiate in good faith with the tribe and the
state, it nonetheless must represent the interests of its constituency. To do so properly,
means that the County must prepare its analysis of the TEIR as though it would be going
to arbitration. This will likely require assistance from independent consultants, the cost
of which could run anywhere from $250,000 to $350,000 or more. Under CEQA, the
developer would be responsible the cost of preparation of the environmental review,
which is conducted under the direction of the County, but under the tribal-state compact,
the County must bear these costs.
The material below summarizes the preliminary concerns of Contra Costa County regarding
environmental review. It is substantially the material that was submitted to the National Indian
Gaming Commission commenting on the scope of the environmental impact statement (EIS)that
they will be preparing on the Lytton casino project. (Note: the County Health Department has
initiated a separate study, see attached) These comments do not include those of other public
agencies, except the City of Orinda. The County is holding a meeting with all interested
agencies on February 24, 2005 in San Pablo and expects that other issues and concerns will
emerge at that time.
'rhe project description should also include details on the expected number of employees by job
classification, skill requirements for each of the job classifications and remuneration levels,
including benefit packages. Details on expected patrons should also be included, such as age
and income distribution of patrons, socioeconomic status, lifestyle characteristics and trip
origination. In addition, the description should include an estimate of the number of patron trips
that are destination trips, expected length of time per patron in the casino and expected demand
for overnight accommodations or ancillary services not provided on the project site.
Worst Case Scenario-In all cases, the EIS should examine the worst-case scenario for impacts.
Assumptions — Assumptions used to determine impacts should be clearly articulated with solid,
scientific data providing the rationale for the selection of the assumption figures whenever
possible.
Modeling Methodol — All modeling methodologies and protocols should be clearly
articulated and the same as those typically used for projects reviewed by Contra Costa County.
Mitigation Measures — Mitigation measures should be specifically identified for each of the
impacts. If more than one mitigation measure is possible, then all should be identified.
Effectiveness of the mitigation measures should also be assessed.
Cumulative Impacts - The EIS should also analyze and disclose the cumulative impact of all
three Indian gaming proposals within the immediate West Contra Costa area,*, and the alternatives
should include an analysis of less than all three projects moving forward.
It is important that the EIS thoroughly analyze all physical, social, economic and fiscal impacts
of development and operation of the project and identify mitigations that can help ensure that it
is not detrimental to the community. In addition, the EIS should examine any possible future
uses for the site, planned or considered by the tribe, as well as any future plans to acquire
additional sites, whether trust or non-trust, in order to fully assess the possible cumulative impact
of the project or projects.
At this point, the lack of a complete project description makes it difficult to comment on the
entire scope of potential impacts. Following are the comments on specific impacts that the
County is able to offer at this time, based on the information currently available to us. The
County reserves the right to request amendments to the scope of the EIS following receipt of a
complete project description. In addition, the County's comments are not intended to address
any obligations that the Lytton Rancheria may have in the negotiation of a state-tribal compact,
including but not limited to issues regarding security and criminal justice.
Please note that the phrase "the impact" means "any and all impacts" within the context of these
comments on the scope of the EIS.
2
Transportation Impacts
Traffic Analysis — A traffic analysis should be performed including trip generation, trip
distribution, mode choice(car, bus,tour bus, etc) and trip assignment, to determine which streets
and intersections will be impacted, and how much they will be impacted in terms of traffic
congestion and delay. At minimum,the analysis should include the following roadways and their
intersections:
Camino Pablo, from Highway 24 to Bear Creek Road
San Pablo Dam Road, from Bear Creek Road to San Pablo Avenue, including all
intersections
San Pablo Dam Road Camino Pablo from I-80 to Highway 24, including all intersections'
San Pablo Avenue from San Pablo Dam Road to Richmond Parkway, including intersections
I-80 in the project vicinity
I-80/San Pablo Dam Road interchange
I-80/El Portal Drive interchange
I-80/McBryde interchange
San Pablo Avenue/El Portal Drive intersection
San Pablo Avenue I County Road 20 intersection
Peak Periods - The traffic analysis should take into account both existing peak periods and
"non-traditional" peak periods associated with gaming establishments.
Public Transit system - The EIS should examine existing public transit routes and schedules and
assess their adequacy to meet estimated demand of project employees and patrons. In addition,
the EIS should examine the ability of the public transit system to meet needs under the
Americans with Disabilities Act.
Regional Transportation Infrastructure— The EIS should assess the impact of the project on the
regional infrastructure, including financing alternatives. Street improvement requirements
should be identified, including, but not limited to, widenings, construction standards (state
standards), drainage requirements, streetscapes, street lighting and maintenance requirements.
Traffic Demand Forecasting- The traffic analysis should use a travel demand forecasting model
that is accurate, up to date, and has an adequate horizon year. The Contra Costa Transportation
Authority is finishing up a revision of its regional forecasting model and the County recommends
use of this model. Care should be taken to ensure that the input data and validation and
calibration data (land use data, population data, and traffic counts, for example) are accurate and
up to date.
Evaluation Criteria - Criteria must be established to determine whether the project's
transportation impacts are significant. The County suggests use of the traffic service objectives
that have been established in the west County Action Plan for Routes o
f Rezional Sionifrcance
and the traffic service objectives that have been established for non-regional ("basic") routes as
listed in the general plans of the County and City of San Pablo. The County can provide the
details on these traffic service objectives at the appropriate time.
Issue added per request of the City of Orinda
3
Road Quality - The analysis should determine whether the increase in traffic from the project
would add to roadway deterioration over time and therefore increase the maintenance required
for the area! s roadways.
Employee Pip Generation—The EIS should identify the number of trips by mode generated by
casino employees and their probable originations/destinations. The EIS should also identify if
the project intends to provide transportation support services for employees and, if so, their
extent and nature.
Utility Impacts
Utilities- The EIS should identify the source or supplier of all utilities, including natural gas and
electricity for the facility, including alternate or backup power supplies. The EIS should also
assess the capacity of the supplier to meet project utility needs with existing
infrastructureldelivery systems.
Water Supply— The EIS should identify if the water supply will be from an existing municipal
water system and verify source capacity. If the project proposes to construct its own water
supply system, the EIS should examine its level of compliance with state and federal drinking
system standards both for its construction and operation.
Wastewater Treatment and Disposal— The EIS should identify the volume of wastewater that
will be generated by the project, treatment methods and standards and disposal. Any impacts on
water quality or adjacent properties should be identified and quantified. If the project proposes
to utilize an existing community sewage system for waste disposal, the EIS should identify the
impact on the capacity of the system. If the project proposes to provide onsite wastewater
treatment and disposal system, the EIS should assess the compliance of the system with San
Francisco Bay Area Regional Water Quality Control Board standards for treatment and
discharge.
Wastewater Treatment Facilities — If the project intends to utilize the service of existing
wastewater treatment plants in the area, the EIS should examine the adequacy of those plants,
both now and to accommodate future development as affected by the project.
Noise Impacts
Noise ftom Traffic - The EIS should yze the noise impacts by time of day/night and day of
the week from traffic resulting from the project, including noise from vehicles entering and
leaving the casino site and noise impacts from truck traffic and other traffic that is diverted from
the casino area into other neighborhoods.
The noise analysis should cover the same geographic area as the traffic analysis, including all the
roadway segments and intersections identified under Traffic Analysis.
Noisefrom Casino Operation - The EIS also should forecast the noise impacts (both interior and
exterior) from the operation of the casino itself including noise from any outdoor activities such
4
as concerts or sporting events or from loudspeakers. An acoustical analysis should be required
for both interior and exterior noise.
Soil Impacts
Soil Quality — The EIS should analyze site soils to determine if there are liquefiable soils, soil
cont ants or other soil characteristics that could affect environmental quality or building
construction requirements. If so, the EIS should identify control mechanisms, including but not
limited to control of contaminants that could become airborne contaminants.
Hazardous Materials and Waste Impacts
Hazardous Materials and Waste Management, Including Emergency Responses — The EIS
should identify the type and volume of hazardous materials and waste that will be used, stored or
need disposal both during construction and operation of the project. The EIS should also analyze
resources needed for inspection and emergency response of incidents.
Disposal Plans—The EIS should identify and assess the adequacy of disposal plans.
Air Quality Impacts
During Casino Development - The air quality analysis in the EIS should identify dust and
particulate control measures that will be used during grading and construction and their
effectiveness The EIS should identify the level of compliance of those control measures with
San Francisco Bay Area Air Quality Management District regulations.
Mobile Source Emissions - There also should be an analysis of the emissions from mobile
sources (transportation sources), particularly identifying the impact of diesel buses, both in
transit and idling on site. The mobile-source air quality analysis should include forecasts of
emissions of nitrogen oxides (NOx), reactive organic gases (ROG), carbon monoxide,
hydrocarbons, and particulate matter(PM-10).
Diesel Power Generators -If diesel power generators are planned to be the primary or back up
source of electricity, the EIS should identify their impact, based on San Francisco Bay Area Air
Quality Management District regulations.
Compliance with State and Federal Regulations — The EIS should assess the impact of the
project on the County and Region's ability to meet state and federal air quality regulations and
identify mitigations to ensure no negative impacts.
Water and Water Quality Impacts
Water ConservationlRecycling—The EIS should identify the extent to which water conservation
practices and reuse of water will be practiced in the operation of the facility.
5
Storm Water Runoff-The EIS should assess the impact of the stormwater runoff on the County's
ability to meet its obligations under its NPDES Permit (so-called permit condition C.3
requirements). Generally speaking, the siting of a large impervious surface and the concentration
of automobiles will both accelerate the amount and velocity of stormwater from the site, and
increase pollution loadings, particularly heavy metals and hydrocarbons.
Other Federal Regulations—The EIS should assess the impact of the project on the County and
Region's ability to meet federal water quality regulations and identify mitigations to ensure no
negative impacts.
Storindrain Infrastntaure — The EIS should assess the impact of the project on the storm drain
infrastructure- including capacity to handle planned development.
0 %-
Solid Waste Impacts
Solid Waste— The EIS should identify the volume of solid waste expected to be generated by the
project as well as disposal and recycling plans and the impact of these plans on existing transfer
stations and landfills. In addition, the EIS should identify the impact of casino construction and
operation on the County's ability to meet its recycling requirements imposed by the State of
California.
During Casino Construction - The EIS should identify the amount and type of construction and
demolition waste expected to be generated during construction of the project. The EIS should
identify the level of compliance for disposal and recycling with local construction and
demolition waste codes.
Outdoor Litter — The EIS should identify expected amounts of litter outside the facility,
including its parking lot and adjacent properties, planned control measures and assessment of
their effectiveness.
Visual Impacts
Aesthetics - The EIS should assess the impact of the casino on existing views from other
properties in the vicinity and views of the casino itself in terms of neighborhood compatibility
both during the day and night.
Lighting - Lighting plans for the facility should be identified, including its potential for light
pollution, intensity, area of impact and duration.
Landscaping and Streetscapes— The EIS should assess the impact of the project's landscaping
on visual aesthetics.
Signage — The EIS should identify the number, height, location and illumination of all signs or
billboards associated with the project and their visual, lighting and/or auditory impacts.
Land Use Impacts
6
Jobs/Housing Balance — The proposed project will create jobs, which will in turn create a
demand for new housing. The EIS should analyze the availability and affordability of housing to
address the requirements of project employees, as well as within the community.
Ancillary Developments — The EIS should identify all ancillary non-trust land developments
associated with this project.
Community Impacts
Community Involvement - The EIS should address how residents and stakeholders will be
affirmatively involved in the project design process.
Environmental Justice — The EIS should identify environmental justice issues, including but not
limited to procedural inequity and geographical inequity and hove these issues will be addressed.
For example, issues related to procedural inequity could be addressed through a proactive
program of regular and timely outreach and communication that recognizes the multi-cultural/
multi-lingual nature of the community. Concerns related to geographic inequity could be
addressed through programs that would result in the even applicability/enforcement of
environmental rules and regulations that apply to land development elsewhere in the County.
Community Employment—The EIS should identify the range of jobs generated by the project by
skill levels, assess which of those jobs might be appropriate for members of the nearby
communities, including El Sobrante, North Richmond and Rollingwood, and what measures
might be taken to ensure job opportunities for community residents. For example, the Contra
Costa County Redevelopment Agency has successfully implemented a program of connecting
jobs created by land development activities to local residents through job training and first-
source hiring agreements.
Child Care - The EIS should analyze project child care impacts utilizing the standards and
procedures set forth in Chapter 82-22 of the County Ordinance Code. The analysis should
include assessment of adequacy and affordability of existing child care resources and need for
new resources by location as well as identification of needs by employees, project visitors and
patrons.
Life Safety and Fire Impacts
Compliance with Current Building, Fire and Life Safety Codes — The EIS should analyze the
extent to which the project will provide the protections that would normally be secured through
design, construction and operations of the proposed facility under the California Building Code,
the California Fire Code, the Fire District's Fire Prevention Bureau requirements and additional
life safety codes(e.g.,National Fire Protection Association).
Code Enforcement During and After Constwction—The EIS should identify how the project will
ensure public safety and timely compliance with safety issues and which public agency, if any,
will have the authority to enforce all relevant codes during and after construction.
7
Fire Prevention Inspection Requirements -The Contra Costa County Fire District's Fire
Prevention Bureau normally engages in plan review, construction *inspections and maintenance
inspections during the life of a facility. The EIS should assess the extent of compliance with
those requirements, as though the project was not exempt from such requirements.
Authority to Manage -Any and All Emergencies on Site -The EIS should identify how
emergencies on the project site that would otherwise be under the authority of the Contra Costa
County Fire District will be managed to ensure the safety of all employees and citizens.
Fire Suppression Requirements and Resources—The EIS should analyze the scope and nature of
emergency response capabilities that will be required to meet the needs of the project, including
fire personnel, equipment and facilities for the Fire District (assuming fire district services). For
purposes of this analysis, response capability should meet or exceed the minimum requirements
of the Contra Costa County Fire District.
Emergency Medical Services —The EIS should identify the demand for Paramedic-Level
responses on the project site and related to project operations (including traffic casualties). The
EIS should assess additional resources needed by the Fire District or County Emergency Medical
Services (EMS), including personnel, equipment and facilities, as though the Fire District/EMS
provided these services. Such responses (personnel and times) should meet or exceed the
minimum requirements of the Fire District. The EIS should also assess the additional demand on
Sheriff's Patrol since it is the policy of Contra Costa County Fire Department to request a law
enforcement response to every call for service in North Richmond.
Dispatching of Fire District Resources-The EIS should assess the number of additional calls for
service and associated increase in dispatch resources.
Safety and Security Impacts
Safety and Loss Prevention — The EIS should identify measures that will be taken to prevent
and/or minimize criminal behavior on and off the property, such as screening and background
checks of casino and other employees, internal and external security measures, internal operating
procedures and a comprehensive staff and security staff training program.
Nature and Magnitude of Criminal Activity — The EIS should assess the nature, frequency and
magnitude of criminal problems experienced in and around gambling, alcohol and entertainment
a,
facilities, such as the proposed project, including but not limited to fights, drunk in public,
prostitution, cheating, robberies and fraud related issues.
Crowd and Traffic Control Requirements — The EIS should examine the need for crowd and
traffic control for special events as well as the potential demand for police response.
Onsite Detention Facility— If the project plans to provide an onsite detention facility, then the
EIS should assess its compliance with federal and state correction facility structural standards.
8
•
Bookings into County Detention Facilities — The EIS should estimate the number and type of
physical arrests resulting from the project and the number of arrests that would require custody,
i.e., booking into the County Detention Facility.
Justice System Impacts
Jurisdictional Authority — The EIS should identify jurisdictional authority for investigations of
crimes that occur on the site as a result of the existence of the project or by individuals associated
with the project.
Prosecution and Defense — The EIS should estimate the increases in criminal prosecutions as a
result of the project by type of crime. In addition, the EIS should estimate the number of crimes
for which the Public Defender would be required to provide defense by type of crime.
Court Facilities—The EIS should estimate the number crimes that would be adjudicated in court
by type of crime.
County Detention Facilities— The EIS should estimate the number of individuals that would be
incarcerated by duration of sentence as well as profile the characteristics of inmates (with an
assessment of necessary ancillary services, such as mental health counseling, substance abuse,
batterers' treatment, etc.).
Probation — The EIS should estimate the number of individuals who would be put under
probation supervision through the court process, including the length of the probationary period.
Disaster Management
Disaster Management Requirements and Resources — The EIS should analyze the nature and
possible impact of various large-scale emergencies that could affect the integrity of the facility
and its operation; plans and protocols to handle disasters, emergencies and bomb threats (or
actual explosive devices); and need for fire alarm procedures as well as the resources needed. for
first responders (police, fire, emergency services and others) to help ensure that the proposed
facility and its occupants are prepared for disaster situations.
Mutual Aid in Disasters - The EIS should address the potential need for mutual aid during an
emergency or disaster.
Health and Human Services Impacts
Gambling Addiction — The EIS should estimate the number of patrons living in Contra Costa
County who annually will become addicted to gambling and an assessment of the range of
consequences for those individuals, including but not limited to loss of employment, domestic
violence, depression and any associated new service demands on the County (such as General
Assistance, CaIWORKS, health care for the uninsured).
9
Domestic Violence — The EIS should estimate the increase in domestic violence incidents
involving project patrons and employees as well as resulting service demands (Sheriffs
response, battered women's shelter services, child welfare services, court intervention, probation,
etc.).
Mental Health—The EIS should assess the increased demand on County mental health services
by type of mental 'Illness, severity and estimated recovery time, as a result of patronage by the
individual or by a family member or proximity to the project.
Health Care and Health Care Access—The EIS should estimate the increased demand for health
care services by type of service due to traffic accidents, air quality deterioration, excessive
alcohol and/or drug use, violence, etc. Contra Costa County currently provides health care
access for all residents up to 300% of the poverty level in the County. The EIS should also
estimate the number of individuals who would be covered by the County's policy as compared to
those who would require services under private coverage. A large influx of minimum wage
workers without health insurance could severely impact access to health care in West County for
all residents. The EIS should describe plans for providing health coverage to those who will be
working at the casino.
CalWORKs and General Assistance — The EIS should assess the number of individuals and
families who would require CaIWORKs or General Assistance as a result of loss of income due
to gambling.
Child Abuse and Neglect—The EIS should estimate the increases in child abuse and neglect due
to a parent/guardian's absence due to patronage at the project and/or subsequent behavior toward
children because of gambling losses or increased drinking.
Smoking— The EIS should identify if smoking would be allowed in the casino and, if so, what
the health impact might be both for smokers and those affected by second hand smoke.
Food Safety—The EIS should identify measures that will be taken to ensure that food is handled
in a safe and sanitary manner to avoid food-borne disease outbreaks. The EIS should also
identify the standard for handling food and training employees on safe food handling processes,
and if not consistent with California Uniform Food Facilities law, then how the project will
ensure an equal or greater level of protection.
Alcohol Consumption — The EIS should identify whether or not alcohol will be served on the
premises and, if so, examine how the project will ensure compliance with alcohol and beverage
laws and that patrons drink responsibly on the site and off the site.
School and Youth Impacts
Truancy—The EIS should estimate the number of children and youth who would skip school as
a result of the project.
10
Underage Patrons — The EIS should identify age restrictions for patrons, plans to prevent
underage patronage and assess the effectiveness of those plans.
Site and Suitability Impacts
Appropriateness of Location — The EIS should assess the appropriateness of the site as well as
the site's location for the proposed project as it relates to traffic, economics, community, health,
safety considerations, the proposed Scotts Valley Band casino project in the North Richmond
and the proposed Point Molate casino project in the City of Richmond.
Private Residences— If private residences of tribal members will be located in the project site,
then the EIS should assess the demand for County services by these new County residents.
Tax, Revenue and Financial Impacts
Property Tax Revenues— The EIS should examine the annual property tax revenues that will be
lost to local taxing agencies, by agency, including revenue growth. In addition, the EIS should
estimate the additional lost property tax revenues after expiration of the time limits in the City of
San Pablo Redevelopment Agency Plan.
Sales Taxes — The EIS should estimate the volume of sales on the project site which would
normally be subject to sales taxes, and identify whether or not the tribe intends to collect and
remit sales taxes (at the normal rate) to the State Board of Equalization on a timely and regular
basis, consistent with non-tribal sales tax collection and remittance practices.
Other Revenues--The EIS should identify and estimate any other revenues that would be lost to
local public agencies, such as transient occupancy taxes, which would normally accrue to the
agency if not for the tax-exempt status of the tribe.
Cost of Services— The EIS should estimate the overall annual costs to the County, including its
dependent special districts, of providing increased levels of service due to the existence of the
project, by type of service as well as the increased capital costs for facilities, equipment or
infrastructure. Increased costs should take into account financing limitations of state and federal
funding.
Liabilities—The EIS should identify all potential liabilities to Contra Costa County as a result of
the project by type of liability.
Capability and Financial Capacity
Capability to Manage Project— The EIS should examine the ability of the tribe, its consultants,
advisors, managers and/or investors to successfully develop the project as proposed and to
manage its operations. The EIS should identify any past experience of the parties involved in
this project in managing similar projects and their track record of success.
11
Financial Capacity — The EIS should identify the financing sources for both the development
and the management of the project by source and the relationship among all parties involved in
the project.
12
s
Contra costa County Health services
Dative American Gaming study
Impact of Lytton Tribe San Pablo Casino
Update
January 21, 2005
Contra costa county Health Services Approach
Contra Costa county Health Services is conducting a four pronged approach to understand the
impact of the proposed casino on Contra Costa county's public health.
■ The first approach is conducting a literature and Intemet search to determine the.impact of
casinos on various public health components. initial results show that there is a plethora of
data, studies and information on problem and pathological gambling. There are significantly
fewer studies on other public health topics like gambling and divorce, suicide, college
students, older adults, etc. All of the articles and studies identified in the literature and
Internet search are currently being reviewed.
■ The second approach is contacting govemmental entities throughout Califomia and the US
who have a tribal casino or non-tribal casino to obtain their input and any studies they may
have completed.
San Diego county's Board of supervisors signed an agreement with Santa Ysabel Band of
Diegueno Mission Indians on January 12, 2005. The Santa Ysabel casino is on a much
smaller scale (350 slots)than the proposed San Pablo casino (2,500 slots) and the casino
will be located in a rural area of San Diego county. This is the first agreement signed that
addresses mitigation of public health issues. Specifically, the agreement calls for the tribe to
annually remit to the County$300,000 or 1.5 percent of net win (whichever is larger)for
problem and pathological gambling and to annually remit$7,000 (with a CPI increase of no
less than 5 percent/year)for increased emergency medical response services.
■ The third approach is assessing the feasibility of creating a surveillance tracking system for
nuhlic health patients who use Contra costa County health services as a result of the new
casino. It is envisioned that the system would work with the tribe providing an initial bolus
reimbursement for the expected increase in public health needs and then with the
surveillance system in place, each year the data would be reviewed and a the
reimbursement amount would be determined. Currently, surveillance data availability at the
Contra costa county Health Services Department is being identified for baseline and future
purposes.
• The fourth approach is to compare Contra costa county to a sample number of counties in
the country who were similar in population and socioeconomic data to Contra Costa county.
Contra costa county was compared to three counties that did not have a casino and three
counties that do have a casino. The hypothesis was that having a casino in a community
would have a negative effect on public health. That is, those counties with a casino would
have higher incidences of smoking, sexually transmitted diseases, divorce, crime, DUls, etc.
Collection of the data began and it was quickly determined that the sources and dates of the
data were very different and would be difficult to compare. Thus, the data collection shifted
to counties in California with and without casinos.
The chart showing the data collection for the California counties is on the following page.
Those metrics for the California county comparisons that are bolded and outlined in red
show a higher frequency in the counties with casinos than those counties without casinos.
- The percent of population below poverty level was higher for all three counties With a
casino than for those without a casino.
- Median household income was lower for all three counties with the casinos than those
counties without a casino.
- Suicide deaths were higher in two of the three counties with casinos than the counties
without a casino.
- Hospital admissions for alcohol and drug use and mental health programs clients served
were higher in two of the three counties with casinos than the counties Without a casino.
- There is a larger number of smokers in all three of the counties with a casino than the
counties without a casino.
- Sexually transmitted diseases were more frequent in all three counties with a casino
than the counties without a casino.
- Motor vehicle fatalities were greater in all three counties with a casino than the counties
without a casino.
- The rate of arrests per 1,000 population was higher in two of the three counties with
casinos than the counties without casinos.
There is a larger number of persons arrested for driving while under the influence (DUI)
in two of the three counties with casinos than the counties without casinos.
Data collection is still ongoing and additional analysis is required.
Draft-California County Comparison
---------------- -- ---------------------------
Pbpulation,2004 1,003900 1,716,700 862,600 1,88690 19498,000 802,400 11335400
Percent Under 18,2003 250% 29.9% 31.9% 32.30/6 26.4% 27.8% 27.8%
Percent Over 65 20033 11.70/6 1220/o 9.5P/o 7.9% 9.80/6 10.0% 10.5/0
Percent of Pbp.Below Poverty,19993 7.6% 14.2% 22.9% 15►8% 11.0% 9.2% 14.1%
Median Household Income,20024 $ 65186 $ 42,929 $ 34999 . $ 41,583 $ 56 595 $ 57,052 $ 45231
Unemployment Date,20034 Eimo 6.1% 14.2% 580/6 6.85/6 53% 56%
Divorce I re;2000 10.1% 9.8% 9.1% 9.7% 9.9% 9.5'/0 122%
Bankruptcy Rte - - - - -
Truancy,200 46 249 86 1,128 101 434 11
Homelessness - -
Percent High School Dropout,2000-013 1.6% 24% 3.9% 360% 2.0%1 1.4% 54%
UNIONS
Number of Deaths,20018 86 .1841 821 157 108 134
r
X
W MUNI"
Hospital Admissions for AOD,20003 4,212 4,153 6,082 4,967 x169 2,110 4,76
Mental Health Programs Clients Served,1999-003 11,894 2AM0 14,781 23 270 22,230 7,673 n20
Drug Overdoses,20028 92 141 731 69 136 70 149
Smokers,20028 131,643 323t040 IA006 330,60 220,224 103 254 229,258
HIWAIDa cumulative 1981-20018 2,238 4,5D1 1,175 2,874 6,143 852 3,084
Tuberculosis,20028 68 fib 98 63 199 66 104
Hepatitis-C - - -
SMs,20028 3,217 4,66 5906 81658 61797 1j6N 7,0571
Fetal Alcohol Syndrome - - - '
Motor Vehide Injuries,2002 5911 14,921 7,754 16,517 12,919 6,892 15321
Motor Vehide Fatalities,2002' 67 312 334 112 66 14
BIAS Responses
MMrMEl
Domestic:Molenee,20032 4,290 7,863 8,291 91164 6,491 7,904 99
Violent Crimes/1,000 People,20013 2.6 594 7. 567 6.31 2.6 5
Property Crimes/1,000 People,20013 6.02 1574 21.40 14.82 1576 6.02 18.43
Arrests/1,000 People,20013 3B.97 33- 56.24 48.42 41. 36.9 44.1
Public Inebriates,20032 2,052 5,254 4991 4,831 6,861 1,548 34256
DUI,20032 4935; 816 5,927 11,619 69MB 49056 8,113
Child Abuse - - - - -
Note:"=signifies additional research needed.
VS`Census Bureau.
2 CA Attorney General's Offioe
3 CAI nstitute for County Government.
`Indiana Business Research Center(provides a compendium of o)untydata for U.S,)
5 C Dept.of Finance.
s CA Dept.of Health Services.
7 CA HiOTmay Patrol.
CA A cohol and Drug Programs.
Page 3
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LYTTON RANCHERIA Lytton Oand o fPomo Indianslimp
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dg� AM-
1250 Cwdingtow* nCenter.* Suite 1 • Santa Rosa California 95401
•
(7071.575-5917-.*'.Fax.(7'07) 57.5..16974 ,
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The H onorable,Arnold Sch*rh=cg 6r+ ..
Govenwr of
S�Cghol B
Sariffamento,CA 95814
RT: TrLb—al-State QMM Between Wd_tft
ft..otCaIifc
D=Gov=nor Scbar ,a geor, .
Your staff rVresentadves of our.'gibe haVe been working diligfor sevc red
�nontlfts to M 14slatiVC T cation of tfie Thbal4ift GazW WAWP Compact entered
into between the Stne Lytton Bared.of Pomo Indra I t year. The Tnbe zes
�ree� you have made flo Muon of -Compact a PWS you
for your continuing suppoxt, . .
The Lytum Compact ig a 1 PT AMMe doer ent. It offen the most to swe
auud local gofernments of any ind�a tI mqact in the=don on issues related to
re entire ,envir o lental pr t x�tion,and Pro ons for lic set yes.
Spe�ccificaBy,the would Y a revem'shm pf 2 ofdm uet gaM14 WM0
esti + e to at leas S I SS .CM yuan to i Sof a -loca goveMMMU, This is
the hast level of revenue Aire betweim a state dtribarl.gove=ft an In the
On.na n. the Compact iso • ,a CF QA-baa en ` cnuue�ntal,rCVW .
W prc�ess
toe r. able apq i I I WiTh the city of San f 04n�a Coeur coon d
tY
Cdtr M for fid Mid of tC CLIdno's ea nm ta_ p—fieft,inciudaing ti c: 1f fic
para = Real to reams the •' would go to bin `'b"ebmll'"arbifnrfon, in
ar de ti+ n;the CoinWt ben+efiftr le Tt-be byhb `na�ag
' i e; b anent of a Class
III g*M,n' en with up to 2500 slot macbias VM11;AS t aua�ed card games for a
tc=of 20 years, tb'e Tribe's gaming opf urtuieco�pa 'tf c in its
. . Thm te=9 would;wide our+Tiibe with Io►ng- rte WAbility and
.elf-uf ci ney for many,gerierz to ca�nie.
Over dw pat several�c�a�over sod above the Co t visions the Tribe has
eugsg the co tes in sn� e ort to limn to pcop]e'shom. co ns
-tibout our j=t. We qwke to mm 3.v000 'a.we held meedoga
•
03129/2005 11:54 925-335-1076 SUPW GAYLE B UILKEMA PA
—8
March 1, 2005 E C E I If
Gayle B. Uilkema
Chair. Contra Costa County Board of Supervisors
651 Pine, Room 108 A MAR 2 2
2005
Martinez, CA 94553
Uilkema W &MUM
Dear Chairpersoncoffm COUM
vile are voters who reside in West Contra Costa County and District 14 and who live approximately one
mile from the proposed San Pablo Casino. We are opposed to the Casino San Pablo plan for many
reasons, including:
• INAPPROPRIATE LOCATION -This densely-populated urban area, already suffering from
severe traffic delays on 1-80 and the San Pablo Dam Road off-ramp, is a poor choice for an
establishment estimated to increase cars on 1-80 by 10%' We believe proposed mitigations do
not realisticaily or effectively address these problems.
• DECREASED SAFETY-Traffic diverted to side-streets will increase hazards for children and
others, and make access to the Doctor's Medical Center much more difficult, especially in
emergency situations.
• LONG-TERM LOSS, NOT GAIN, TO THE COMMUNITY- Short-term gains to the community in
jobs and revenue will be offset by eventual expenses for required infrastructure and public
services and by long-term loss in sustainable business development and opportunity for
improvement of San Pablo Avenue. Overall cash flow will be out of the community, not in2.
• BETTER OPTIONS EXIST— Other locations in the East Bay provide better traffic, safety, and
economic choices for casino placement. Seniors and others will have access to recreation
without severe negative impacts to the surrounding community.
1 Traffic Engineer Report.amold Torma
2 William Thompson,University of Nevada
When we bought homes in this area, we invested not just in a house or a block, but in the entire
community. We believe our representatives should consider our views concerning projects that
diminish the quality of life in our community, and we encourage your active opposition to,the
San Pablo Casino.
Respectfully,
Print Name Sin me Address
00 1 &Ar- ytawz;k '_Z 'c Ir
fl
J 71
:�b%l 47"
ANOWAN r qoftF
-mac.. •� v� k wa 7.4.4
Bingo machines poised for end run in Bay Area Page 1
A-4
Posted on Sat.. Mar. 26, 2005
Bingo machines poised for end run in Bay Area
_n
SV i a h nk;S i m e mm
0 N'u .S-"'. _0 9t A 7"T F4
LAS VEGAS-This is not your grandma's bingo.
It's not your momma's slot machine, either, but it comes seductively close.And soon, it will jingle its way to San Pablo,
spinning cherries, bars and lucky 7's like the Bay Area has never seen.
The future of nearby casino gambling Filled a hall at the Riviera Casino and Hotel in Sin City this week,as vendors shilled
the latest in bingo machines that look, sound and spin like slots,, but require a few more button slaps and a bit more
patience.
"Wheel of Fortune,"the world's most popular slot brand,shouted its trademark call. "I Dream of Jeannie"glistened,
"Vegas Nights" beckoned, and "Draw Poker"turned up aces.
Here at Bingo World 2005, game makers vied to sell tribes on lucrative machines that can pass federal muster as"Class
II"devices that don't fall under state oversight. And each was keenly aware of the latest development in the San Pablo
saga of the Lytton Band of Pomo Indians.
Last week,the tribe gave up hope that the Legislature would ratify a deal with Gov.Arnold Schwarzenegger for a casino
with 2,500 slots. Instead, the tribe said it will fill its Casino San Pablo card club this year with close to 1,000 bingo
machines that require no tribal-state compact.
Schwarzenegger's deal far the state to take 25 percent of Lytton gaming revenue, partly to pay for traffic fixes around
the casino, doesn't apply.Without it,the impact on Interstate 84--as well as the tribe and the city budget--will
depend on how Nevada-style gamblers take to the new games.
Federal law prohibits tribes from operating Class III games, such as slot machines, without a tribal-state compact. Some
tribes have land approved for gaming, but face a roadblock with states that either prohibit slots or, as with the Lytton
band, have refused to complete compacts.
For them, and for tribes in California and elsewhere that dislike their compacts, gaming machine makers have pushed
the visual and legal limits, souping up their electronic bingo "aids"with the action and big progressive jackpots that have
made slots the dominant casino moneymaker.
The Vegas conceit includes all the reels and wheels of slots, or video displays that mimic video poker and blackjack.
Vendors are quick to note that it's all show,there to translate bingo game results into familiar slot machine symbols.
If cherries line up, it just means you've hit a winning bingo pattern. Where the wheel stops, nobody should really care.
Bingo determines the size of the prize.
"The spinning reels, they're another way to signal a win,"said Gary Loebig, executive vice president of marketing for
Multimedia Games, a leading Class II vendor. "We could put a light on top, you win and a pretty girl comes up and kisses
you.That's just a way to show you that you've won."
Bingo machines that once took two minutes per game now play in ten seconds:or less.Aside from a small bingo card on
the screen, most of the newest games barely suggest the game played with balls and blotters in halls and churches.
Some don't mention the word. A few let players pull the bandit's arm.
The bingo part dwells mostly inside, in the math and mechanics of the game.
Unlike slots, Class II machines must link players in a common game through a central computer server that draws the
numbers. And like bingo, players must"daub"their cards as the numbers drop.
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Bingo machines poised for end run in Ba Area Pa 2 f 3
g p Y Page o
The daubing --a push of the button -- is the step regulators require to ensure that players"interact"with the game.
Failing to daub costs players a chance to win. Players must also claim their prize with another press of the button.
For some slot players,three or four presses is too much work. People forget to daub. Class II games are also several
seconds slower than slots, and vendors admit that, given the choice, players will uniformly choose slots.
"If you put these in casinos and you go from having to hit it once to hitting it twice or three times, people get so
confused,"said Josh Fox, a technician for Rocket Gaming Systems.
Many games have two screens: bingo on top and a slot-like display below. In most games, players need not bother with
the top screen.
'The thing to remember is, it's bingo,"said Knute Knudson, vice president of Native American development and
government affairs for the slot machine giant IGT.. "It plays by the rules of bingo."
But just what is the essence of bingo?
The question has been the source of heated debate,federal lawsuits and an intense regulatory battle over Indian gaming
that has reached a boiling point.
Next week,the National Indian Gaming Commission plans to release a proposed set of rules designed to mark a bright
line between Class II bingo machines and slots.
The Justice Department has complained, telling the commission in a letter last week that the proposed rules would
authorize machines that it views as illegal without a state compact.Justice officials have made the same arguments in
several losing court cases against tribes and gaming companies.
Tribes also have balked over the draft rules, saying they set arbitrary standards that could slow the games to a crawl.
Tribes see the new rules as an attempt to make Class II games less popular and less lucrative,and help states win a tug-
of-war over control of Indian gaming.
In California, Gov. Arnold Schwarzenegger has reached new deals with some casino tribes, offering them more slots in
exchange for a share of gaming revenue. His deal with the Lyttons included environmental, labor and other protections,
as well as the revenue share for the state.
Others tribes have refused to deal with Schwarzenegger, and a few recently ventured into a legal gray area, installing
video lottery terminals that mimic slots,to sidestep the 2,000-slot cap for most gaming tribes in the state.The tribes
unplugged the machines early this year under state threats.
'The thing that makes California afraid is, if these(Class II) machines are made to play as fast as slots,there's no need
to negotiate a compact with the Governator,"said Jess Green, an attorney who represents several Oklahoma tribes.
'The attack is not about bingo, it's about the accommodation of one sovereign to another."
The proposed new rules mandate how long the games must wait for new players to join, and for players to daub and
claim their prizes.
One company executive said machines now certified as Class II bingo generally draw about 25 to 30 percent of what
slots take in revenue. For the Lyttons, that would equate to $50 million to $60 million a year, based on estimates of what
slot machines can draw.
The new rules could hurt the tribe and the city of San Pablo, which gets 7.5 percent of the tribe's Class II revenue under
a 1999 agreement. But as vendors geared up to pitch their machines to the tribe in the next few weeks, many put the
Lyttons in a different class.
The nearest competition lies near Sacramento, and the tribe will have the Bay Area to itself.
'Their biggest problem is going to be crowd control,"said Loebig of Multimedia. 'The speed of the game will be more
than compensated for by the intensity of play. It'll be packed for longer periods of time"than most casinos.
In the Las Vegas expo hall, Chief Petty Officer Ken Johnson stopped to try out IGrs`Triple Lucky Ts"game. Johnson,
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I
Bingo machines poised for end run in Bay Area Page 3 of 3
who runs gambling machines at the Yokosuka Naval base in Japan,forgot to "daub,"then quickly got a feel for the
game.
Slots it's not, he said. But it's not Go,either.
"There's not a whole lot you need to understand. You let this machine do the math. Just gotta remember to daub," he
said.
'You don't think grandma's going to be playing?They'll be there."
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Board of Su A-10
County Administrator Contra John Gioia
County Administration Building I$'District
651 Pine Street, 11 th Floor Costa Gayle S.Ulikema
Martinez,California 94553-1229 2ndDistrict
(925)335-1080 o unty Millie Greenberg
(925)335-1098 FAX 310 District
John Sweeten Mark DeSaulnler
County Administrator 40,District
Federal D.Glover
WhDistrict
August 12, 2004 ......
Clay Gregory
Regional Director
Pacific Regional Office
Bureau of Indian Affairs
2800 Cottage Way
Sacramento,, CA 95825
RE: Scope and Implementation of Environmental Impact Statement for the Proposed
Scotts Valley Band of Pomo,Indians Trust Acquisition and Casino Project, Contra
Costa County,California
Dear W. Gregory:
Thank you for the opportunity to comment on the scope and implementation of the
Environmental Impact Statement (EIS)for the Proposed Scotts Valley Band of Porno Indians
Trust Acquisition and Casino Project in Contra Costa County. The attachment details our
request on specific issues to be addressed in the EIS. In addition, we would appreciate it if the
EIS would address the following more general issues:
Project Description - At this time, the County does not have a detailed project description and the
available information is not always consistent. For example, the Federal Register lists 2,600
parking stalls, while the conceptual site plan provided by the Tribe notes 3,549 parking spaces.
Similarly, the Federal Register notes a 3 +/- level parking structure, while the site plan shows a 4
level parking structure. Also,the Federal Register refers to a combination of uses that includes,
but is not limited to, a specified list. The list of uses should be definitive. Also, if uses other
than the casino are planned for the site or adjacent properties, either now or in the future,these
plans should be described in detail. Unless the EIS provides a comprehensive, detailed project
description, it will not be possible to thoroughly identify and assess 'impacts.
The project description should also include details on the expected number of employees by job
classification, skill requirements for each of the job classifications and remuneration levels,
including benefit packages. Details on expected patrons should also be included, such as age
and income distribution of patrons, socioeconomic status, lifestyle characteristics and trip
origination. In addition, the description should include an estimate of the number of patron trips
that are destination trips, expected length of time per patron in the casino and expected demand
for overnight accommodations or ancillary services not provided on the project site.
Attachment
August 12,2004 Letter
Contra Costa County
SCOPE OF EIS
Scotts valley Band of Pomo Indians
Trust Acquisition and Casino Project
It is important that the EIS thoroughly analyze all physical, social, economic and fiscal impacts
of development and operation of the project and identify mitigations that can help ensure that it
is not detrimental to the community. In addition, the EIS should examine any possible future
uses for the site, planned or considered by the tribe, as well as any future plans to acquire
additional sites, whether trust or non-trust, in order to fully assess the possible cumulative impact
of the project or projects.
At this point, the lack of a complete project description makes it difficult to comment on the
entire scope of potential impacts. Following are the comments on specific impacts that the
County is able to offer at this time, based on the information currently available to us. The
County reserves the right to request amendments to the scope of the EIS following receipt of a
complete project description. In addition, the County's comments are not intended to address
any obligations that the Scotts Valley Band may have in the negotiation of a state-tribal compact,
including but not limited to issues regarding security and criminal justice.
Please note that the phrase "the impact" means "any and all impacts" within the context of these
comments on the scope of the EIS.
Transportation Impacts
Traffic analysis — A traffic analysis should be performed including trip generation, trip
distribution, mode choice (car, bus, tour bus, etc) and trip assignment, to determine which streets
and intersections will be impacted, and how much they will be impacted in terms of traffic
congestion and delay. At minimum, the analysis should include the following roadways and their
intersections:
Roads
Richmond Parkway
Parr Boulevard
Market Avenue
Third Street/Filbert Street
Giant Road
Pittsburg Avenue
Goodrich Avenue
Brookside Drive
Gertrude Avenue
San Pablo Avenue
Rumrill Boulevard
El Portal
Church Lane
I-SO
Attachment
August 12,2004 Letter
• Contra Costa County
Impact on Infrastructure Improvement Efforts - In addition to the evaluation criteria mentioned
above, we request the analysis determine if the project will negatively impact plans to widen
sidewalks and install corner bulb-outs, bus-stop amenities and streetscaping in the North
Richmond area. The County has invested local and federal finds in this effort and continues to
seek grant funding to continue these infrastructure improvements. The analysis should determine
whether traffic generated by the project would interfere with this ongoing effort between the
County and the community.
Truck Traffic - Parr Boulevard carries a significant amount of truck traffic. The analysis should
determine whether the casino traffic and truck traffic will conflict, and whether this will cause
safety or congestion problems. - -
The analysis should also determine whether casino traffic on Parr Boulevard would cause trucks
to detour to other routes through North Richmond's residential area, thereby exacerbating the
existing problems with truck traffic disrupting the community and the Verde Elementary School
area. The County has been working on plans to reroute truck traffic out the residential area and
school area.
Bicycle and Multi-use Trails- The County and other agencies seek to have bicycle lanes or paths
along the length of the Richmond Parkway. In addition, the North Richmond Specific Plan
specifies trail improvements within the vicinity of this project, including the construction of the
Bay Trail and various pedestrian and multi-use trails. The analysis should assess the impact of
the project on these plans.
Road Quality - The analysis should determine whether the increase in traffic from the project
would add to roadway deterioration over time and therefore increase the maintenance required
for the area' s roadways.
Railroad Crossings - The EIS should take into account nearby railroad crossings and should
determine the degree to which casino traffic on these roads will lead to increased back-ups while
freight trains and passenger trains cross those streets. The EIS should forecast delay and
congestion as well as analyze the impacts on emergency response vehicles. Railroad crossings in
the unincorporated area of North Richmond include Parr Boulevard, Brookside Drive and
Market Avenue.
Employee Trip Generation —The EIS should identify the number of trips by mode generated by
casino employees and their probable originations/destinations. The EIS should also identify if
the project intends to provide transportation support services for employees and, if so, their
extent and nature.
Utility Impacts
Utilities - The EIS should identify the source or supplier of all utilities, including natural gas and
electricity for the facility, including alternate or backup power supplies. The EIS should also
assess the capacity of the supplier to meet project utility needs with existing
infrastructure/delivery systems.
3
Attachment
August 12,2004 Letter
Contra Costa County
Hazardous Materials and Waste Impacts
Hazardous Materials and Waste Management, Including Emergency Responses — The EIS
should identify the type and volume of hazardous materials and waste that will be used, stored or
need disposal both during construction and operation of the project. The EIS should also analyze
resources needed for inspection and emergency response of incidents.
Disposal Plans—The EIS should identify and assess the adequacy of disposal plans.
Air Quality Impacts
During Casino Development - The air quality analysis in the EIS should identify dust and
particulate control measures that will be used during grading and construction and their
effectiveness The EIS should identify the level of compliance of those control measures with
San Francisco Bay Area Air Quality Management District regulations.
Mobile Source Emissions - There also should be an analysis of the emissions from mobile
sources (transportation sources), particularly identifying the impact of diesel buses, both in
transit and idling on site. The mobile-source air quality analysis should include forecasts of
emissions of nitrogen oxides (NOx), reactive organic gases (ROG), carbon monoxide,
hydrocarbons, and particulate matter(PM-10).
Diesel Power Generators - If diesel power generators are planned to be the primary or back up
source of electricity, the EIS should identify their impact, based on San Francisco Bay Area Air
Quality Management District regulations.
Compliance with State and Federal Regulations — The EIS should assess the impact of the
project on the County and Region's ability to meet state and federal air quality regulations and
identify mitigations to ensure no negative impacts.
Water and Water Quality Impacts
Water Conservation/Recycling—The EIS should identify the extent to which water conservation
practices and reuse of water will be practiced in the operation of the facility.
Storm Water Runoff- The EIS should assess the impact of the stormwater runoff on the County's
ability to meet its obligations under its NPDES Permit (so-called permit condition C.3
requirements). Generally speaking, the siting of so much impervious surface and the
concentration of automobiles will both accelerate the amount and velocity of stormwater from
the site, and increase pollution loadings,particularly heavy metals and hydrocarbons.
Other Federal Regulations —The EIS should assess the impact of the project on the County and
Regions ability to meet federal water quality regulations and identify mitigations to ensure no
negative impacts.
5
Attachment
August 12,2004 Letter
Contra Costa County.
Land Use Impacts
Residential Land Uses - The County Planning Commission recently approved a 173-lot single-
family subdivision north of Gertrude Avenue along Richmond Parkway. Other residential
developments have been built along the Parkway in recent years, both in North Richmond,
between North Richmond and 1-80. The EIS should evaluate the impact of the project on
existing and planned residential development within this vicinity, including, but not limited to,
property values.
Industrial and Commercial Land Use - The EIS should evaluate the impact of the project on
existing and potential industrial and commercial development-
JobslHousing Balance — The proposed project will create jobs, which will in turn create a
^11
demand for new housing. The EIS should analyze the availability and affordability of housing to
address the requirements of project employees, as well as within the community. The Housing
Element of the Contra Costa County General Plan provides policy and implementation guidance.
Impact on Community Plans
North Richmond ShorelineSpecific Plan—The EIS should assess the project's compliance with,
and impact on, the North Richmond Shoreline Specific Plan. The subject property is within the
boundaries of the North Richmond Shoreline Specific Plan. Adopted by the County on June 22,
1993, and the City of Richmond on March 1, 1993, the Specific Plan defines the amount, type,
and location of development for the area, and establishes development standards and design
guidelines for that development. The Specific Plan also identifies locations and standards for the
conservation of natural resources and public access, and recommends specific actions to
implement the plan. Development proposals in the area are to be reviewed by the County and
City for consistency with the Specific Plan.
North Richmond Areawide Planned Unit District — To further implement the North Richmond
Shoreline Specific Plan, and the County General Plan, the County adopted a North Richmond
Areawide Planned Unit District (P-1) Rezoning (County File RZ 943015) on December 13,
1994. The Areawide P-1 Rezoning includes review procedures, development conditions, and
design guidelines. Amendments to the North Richmond Areawide Planned Unit District, and the
Design Guidelines, have been approved by the North Richmond Municipal Advisory Council,
and are pending formal approval by the County. The basis for County review is set forth in these
documents. The EIS should assess the project's compliance with these documents.
North Richmond Livable Communities Urban Design and Transportation Plan (developed by
Hood Design, Dinwiddie& Associates, and Dowling Associates)—The North Richmond Livable
Communities Urban Design and Transportation Plan discusses the location of a Town Center,
linkage of public landscaped areas, creeks and trails Via pedestrian and bicycle paths., the use and
design of gateways, environmental buffers, streets and transit corridors. The Plan also develops
concepts to address the industrial zone's use and identity in the neighborhood, and guidelines for
residential, commercial and mixed-use economic projects. Lastly, the Plan establishes priorities,
timetables, and funding sources for implementation of these transportation and urban
7
Attachment
August 12,2004 Letter
Contra Costa County
the California Fire Code, the Fire District's Fire Prevention Bureau requirements and additional
life safety codes(e.g.,National Fire Protection Association).
Code Enforcement During and After Construction—The EIS should identify how the project will
ensure public safety and timely compliance with safety issues and which public agency, if any,
will have the authority to enforce all relevant codes during and after construction.
i
Fire Prevention Inspection Requirements -The Contra Costa County Fire District's Fire
Prevention Bureau normally engages in plan review, construction inspections and maintenance
inspections during the life of a facility. The EIS should assess the extent of compliance with
those requirements, as though the project was not exempt from such requirements.
Authority to Manage Any and All Emergencies on Site -The EIS should identify how
emergencies on the project site that would otherwise be under the authority of the Contra Costa
County Fire District will be managed to ensure the safety of all employees and citizens.
Fire Suppression Requirements and Resources—The EIS should analyze the scope and nature of
emergency response capabilities that will be required to meet the needs of the project, including
fire personnel, equipment and facilities for the Fire District (assuming fire district services). For
purposes of this analysis, response capability should meet or exceed the minimum requirements
of the Contra Costa County Fire District.
Emergency Medical Services The EIS should identify the demand for Paramedic-Level
responses on the project site and related to project operations (including traffic casualties). The
EIS should assess additional resources needed by the Fire District or County Emergency Medical
Services (EMS), including personnel, equipment and facilities, as though the Fire District/EMS
provided these services. Such responses (personnel and times) should meet or exceed the
minimum requirements of the Fire District. The EIS should also assess the additional demand on
Sheriffs Patrol since it is the policy of Contra Costa County Fire Department to request a law
enforcement response to every call for service in North Richmond.
Dispatching of Fire District Resources-The EIS should assess the number of additional calls for
service and associated *increase in dispatch resources.
_J afety and Security Impacts
gqfety and Loss Prevention -- The be taken to prevent The EIS should identify measures that 1
0 #
-and/or minMuze criminal behavior on and off the property, such as screening and background
zichecks of casino and odwr employees, internal d oAernal �,cgmfity measures, interna,operating
:procedures and a comprehensive staff and security staff trainfng,program.
Nature
and Ma, idwde of Criminal Act" i. The EI P sbo ocess ft p0pq, frewency, 1Wd
nagMu4ip of criminal problems experienced in anA 46und gambling, akohbfiiid eni&eOt
facilitiols, such as the proposed project, including but not. limited to fights, drunk in public,,
prostitution, cheating, robberies and fraud related issues. The PIS should estimate the expected
9
August 12,2004 Letter
Contra Costa County
first responders (sheriff, fire,, emergency services and others) to help ensure that the proposed
facility and its occupants are prepared for disaster situations.
Mutual Aid in Disasters - The EIS should address the potential need for mutual aid during an
emergency or disaster.
Health and Human Services Impacts
Gambling Addiction — The EIS should estimate the number of patrons living in Contra Costa
County who annually will become addicted to gambling and an assessment of the range of
consequences for those individuals, including but not limited to loss of employment, domestic
violence) depression and any associated new service demands on the County (such as General
Assistance, CalWORKs, health care for the uninsured).
Domestic Violence — The EIS should estimate the increase in domestic violence incidents
involving project patrons and employees as well as resulting service demands (Sheriff's
response., battered women's shelter services, child welfare services, court intervention, probation,
etc.).
Mental Health — The EIS should assess the increased demand on County mental health services
by type of mental 'Illness, severity and estimated recovery time, as a result of patronage by the
individual or by a family member or proximity to the project.
Health Care and Health Care Access—The EIS should estimate the increased demand for health
care services by type of service due to traffic accidents,, air quality deterioration, excessive
alcohol and/or drug use, violence,, etc. Contra Costa County currently provides health care
access for all residents up to 300% of the poverty level in the County. The EIS should also
estimate the number of individuals who would be covered by the County's policy as compared to
those who would require services under private coverage. A large influx of minimum wage
workers without health insurance could severely impact access to health care in West County for
all residents. The EIS should describe plans for providing health coverage to those who will be
working at the casino.
Cal WORKS and General Assistance — The EIS should assess the number of *Individuals and
families who would require CalWORKs or General Assistance as a result of loss of income due
to gambling.
Child Abuse and Neglect—The EIS should estimate the increases in child abuse and neglect due
to a parent/guardian's absence due to patronage at the project and/or subsequent behavior toward
children because of gambling losses or increased drinking.
Smoking— The EIS should identify if smoking would be allowed in the casino and, if so,, what
the health impact might be both for smokers and those affected by second hand smoke.
Food Safety—The EIS should identify measures that will be taken to ensure that food is handled
in a safe and sanitary manner to avoid food-borne disease outbreaks. The EIS should also
Attachinent
August 12,2004 Letter
Contra Costa County
Contra Costa County Redevelopment Agency Revenue — The EIS should assess the short-term
and long-term revenue losses and impacts of removing the subject property, including
improvements from the property tax rolls due to its Indian trust status on the North Richmond
community's revitalization program. The Contra Costa County Redevelopment Agency is
charged with the task of upgrading the physical infrastructure & housing of the North Richmond
community, and increasing economic opportunities for area residents. The Redevelopment
Agency undertakes its activities utilizing property tax increment financing.
Property Tax Revenues— The EIS should examine the annual property tax revenues that will be
lost to local taxing agencies, by agency, including revenue growth. In addition, the EIS should
estimate the additional lost property tax revenues after expiration of the time limits in the
Redevelopment Agency Plan.
Sales Taxes — The EIS should estimate the volume of sales on the project site which would
normally be subject to sales taxes, and identify whether or not the tribe intends to collect and
remit sales taxes (at the normal rate) to the State Board of Equalization on a timely and regular
basis, consistent with non-tribal sales tax collection and remittance practices.
Other Revenues— The EIS should identify and estimate any other revenues that would be lost to
local public agencies, such as transient occupancy taxes, which would normally accrue to the
agency if not for the tax-exempt status of the tribe.
Cost of Services— The EIS should estimate the overall annual costs to the County, including its
dependent special districts, of providing increased levels of service due to the existence of the
project, by type of service as well as the increased capital costs for facilities, equipment or
infrastructure. Increased costs should take into account financing limitations of state and federal
funding.
Liabilities—The EIS should identify all potential liabilities to Contra Costa County as a result of
the project by type of liability.
13
AdministratorContra
Board of Super
A-11
County
John M.Gioia
County Administration Building 1 at District
t 11 th Floor Costa Ik ma
651 Pine Street, Gayle B.Ui e
Martinez,California 94553-1229 2nd District
(925)335-1080 County
Mary N.Piepho
(925)335-1098 FAX
and District
"sg =•O Mark DeSaulnter
John Sweeten
County Administrator ,-�" =� :: 40"District
Federal D.Glover
5�'District
January 13, 2005
John Ryezik
Acting Chief
Division of Environmental&Cultural Resources
Management and Safety
Pacific Regional Office
Bureau of Indian Affairs
2800 Cottage Way
Sacramento, CA 95825
RE: Environmental Impact Statement Scoping Report for the Scotts Valley Casino Project.
Dear Mr. Ryezik:
On August 12, 2004, Contra Costa County submitted comments on the scope and implementation
of the Environmental Impact Statement for the proposed Scotts Valley Band of Pomo Indians
Trust Acquisition and Casino Project in Contra Costa County(attached). We are concerned that
the scoping report does not include all the issues raised by Contra Costa County, including, but
not limited to Contra Costa County Redevelopment Agency revenue impact,jobs/housing
balance, child care and community employment. We respectfully request that all the issues raised
by Contra Costa County in its August letter be included in the EIS.
In addition, as we noted in our last letter to you,we have concerns regarding the purpose and need
section in the scoping report and will advise you of our concerns under separate cover.
Sincerely,
Sara M. Hoi1m
Assistant Cot Administrator
cc: Contra Costa County Indian Gaming Workgroup
Patrick O'Mallon, Bureau of Indian Affairs
Paul Garcia, Analytical Environmental Services
West Contra County residents opposed tolhe Casino San Pablo
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03/29/2005 11:54 925-335-1076 SUPV GAYLE B UILKEMA PAGE 05
March 1, 2005
Gayle B. Uilkema
Chair, Contra Costa County Board of Supervisors
651 Pine, Room 108 A
Martinez, CA 94553
Dear Chairperson Uilkema,
We are voters who reside in West Contra Costa County and District 14 and who live approximately one
mile from the proposed San Pablo Casino. We are opposed to the Casino San Pablo plan for many
reasons, including:
• INAPPROPRIATE LOCATION -This densely-populated urban area, already suffering from
severe traffic delays on 1-80 and the San Pablo Dam Road off-ramp, is a poor choice for an
establishment estimated to increase cars on 1-80 by 10%' We believe proposed mitigations do
not realistically or effectively address these problems.
• DECREASED SAFETY-Traffic diverted to side-streets will increase hazards for children and
others, and make access to the Doctor's Medical Center much more difficult, especially in
emergency situations.
• LONG-TERM LOSS. NOT GAIN, TO THE COMMUNITY- Short-term gains to the community in
jobs and revenue will be offset by eventual expenses for required infrastructure and public
services and by long-term loss in sustainable business development and opportunity for
improvement of San Pablo Avenue. Overall cash flow will be out of the community, not int%
• BETTER OPTIONS EXIST— Other locations in the East Bay provide better traffic, safety, and
economic choices for casino placement. Seniors and others will have access to recreation
without severe negative impacts to the surrounding community.
1 Traffic Engineer Report,Amold Torma
2 William Thompson,University of Nevada
When we bought homes in this area, we invested not just in a house or a block, but in the entire
community. We believe our representatives should consider our views concerning projects that
diminish the quality of life in our community, and we encourage your active opposition to the
San Pablo Casino.
Respectfully,
Print Name ' n Nam Addres00, s
Ar
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Zo A4 0ka.I ,p
6 ;Z .A- 4-e
03129/2005 11:54 925-335-1076 SUPV GAYLE B UILKEMA PAGE 06
West Contra CO n!y residents opposed to the Casino San Pablo
(print Name __pign Name LAddresjs
A a k 5 4A "%w-wro haCU4..e
A-12
Federal Register/Vol. 70, No. 47/Friday,,-March 11, 2005/Notices 12229
f the collection of information on those Time:April 5,10 a.m.-5 p.m.,and a ass and surplus Federal building
ho are to respond,including through A ril 6,,8:30 a.m.-4 p.m. and al property that HUD has
e use of appropriate automated, posed Agenda:Review National review for suitability for use assist
el ctronic,mechanical,or other F' Academy Program Activities. the home ss.Today's notice' for the
to ological collection techniques or SU ENTARY INFORMATION.The purpose of ouncing th o
oth r forms of information technology, me g will be open to the public in additional pro rties ha been
e.g.,permitting electronic submission the mitsburg commuting area wi determined suita e o nsuitable this
resp,rases.Comments should be seati g available on a first-come,fir - week.
recei ed within 60 days of the date of serve basis.Members of the gener Dated:March 4 005.
this n tice. publi who plan to participate in a Mark R.john a,
ADDR S:Interested persons shou meets should contact the Office f the Director,Of• of Special Need ssistance
submi written comments to Muria Supers tendent,National Fire Ac emy, program
Anders n,Chief,Records Manage ant U.S.Fi Administration,16825 outh [FR D .05-4660 Filed 3-10-05;8:4 ]
Section,Information Resources Seton A enue,Emmitsburg.,MD 1727, a CODE 4210-29-M
Manage ant Branch,Informatia (301)44 -1117,on or before A ill,
Technol y Services Division,F eral 2005.
Emergenc Management Agency Minute of the meeting will a DEPARTMENT OF THE INTERIOR
Emerge nc Preparedness and R sponse prepared d will be availabl for
Directorat Department of Ho eland public vie 'ng in the Ofce the U.S. Bureau of Indian Affairs
Security,5 0 C Street,SW.,R m 316, Fire Admi 'strator,U.S.Fire
Washington DC 20472. Administra 'on,Federal Em rgency Notice of Intent To Prepare an
FOR FURTHER NFORMATION CO TACT: ManageAgency,Emmsburg, Environmental Impact Statement/
Contact Cind Taylor,Assis t Director Maryland 21 27.Copies of he minutes Environmental Impact Report for the
of Public Aff s at(202)64 -4600 for will be avails le upon req est within 60 Guidiville Band of Pomo Indians of the
additional inf ation.Yo may days after the eating. Guidiville Rancheria's Proposed Trust
contact Ms.An erson for opies of the Dated:March ,2005. Acquisition and Casino/Resort Project,
proposed colle 'on of in rmation at R.David Pauliso , City of Richmond,Contra Costa
facsimile numb (202)6 6-3347 or e- U.S.Fire Admini tor. County,CA
mail address:FE -Inf ation- [FR Doc.05-4798 iled 3 10-05;8:45 am] AGENCY:Bureau of Indian Affairs.
Collections@dhs. ov. BILUM CODE 9110-17 Interior.
Dated:March 3,2 05. ACTION:Notice.
George S.Trotter,
AcdngBranch Chief, f rnation Resources DEPARTMENT O USING AND SUMMARY:This notice advises the public
Management Branch, onnation URBAN DEVELOP ENT that the Bureau of Indian Affairs(BIA)
Technology Services Ih 'sion. [Docket No.FR-498 -10] as lead agency for compliance with the
[FR Doc.05-4799 File -10-05,8.45 am] National Environmental Policy Act,and
BILLING CODE 9110-15-P Federal Property u bie as Facilities the City of Richmond(City),California,
To Assist the Ho el ss as lead agency for compliance with the
DEPARTMENT HO ELAND AGENCY:Office the, ssistant California Environmental Quality Act,
intend to gather information necessary
SECURITY Secretary for C u ty Planning and for preparing an Environmental Impact
Development, UD. Statement(EIS)/Environmental Impact
Federal Emerg racy Man gement ACTION:Notic Report(EIR)for a proposed 415E acre
Agency trust acquisition and casino/resort
SUMMARY:Th's notice id tifies
Open Meetin Conferenc Call,Board unutilized, derutilized excess,and project to be located within the City of
of Visitors f the National FireRichmond,Contra Costa County,
Academysurplus Fed raI property viewed by California.The purpose of the proposed
HUD for su ability far po ible use to action is to restore the Guidiville land
AGENCY:U. .Fire Administr tion assist the meless. base of the Guidiville Band of Pomo
(USFA),F deral Emergency EFFECTIVE ATE:March 11, 05. Indians of the Guidiville Rancheria
Managem nt Agency(FEMA), FOR INFORMATION ACT: (Tribe)and help provide for the
Emergen Preparedness and esponse Kathy E ell,Department of ousing economic development of the tribe.The
Director e,Department of Ho eland and Urb n Development,Ro ,7262, proposed action would additionally
Securit . 451 Se nth Street,SW.,Was ngton, serve to meet the City's requirements
ACTION-Notice of open meeting. DC 20 0;telephone(202)70 1234; under the Base Realignment and Closure
TTY tuber for the hearing- d Act to use a closed Navy fuel depot for
SUMM Y:In accordance with sec 'on 10 speec -impaired(202) 708-256 .(these economic development purposes.This
(a)(2 of the Federal Advisory telep one numbers are not toll- ee),or notice also announces a public scoping
Com ittee Act,5 U.S.C.App.29,F MA call a toll-free Title V informa on line meeting to identify potential issues and
ann unces the following committe at 1 800-927-7588. alternatives for inclusion in the EIS/EIR.
me ting: SU ENTARY INFORMATION:In DATES:Written comments on the scope
ante:Board of Visitors(BOV)for the ac ordance with the December 12,1988 and implementation of this proposal
N tional Fire Academy. c A order in National Coalition r the must arrive by April 15,2005.The
Dates of Meeting:April 5-6,2005. meless v. Veterans Administrati n, public scoping meeting will be held
Place:Building H,Room 300, o.88-2503-OG(D.D.C.),HUD March 31,2005,from 7 p.m.to 9 p.m.,
ational Emergency Training Center, ublished a notice,on a weekly basi , or until the last public comment is
mmitsburg,Maryland. 0 dentifying unutilized,underutilize received.
,w 12230 Federal Register/Vol. 70, No. 47/Friday, March 11, 2005/Notices
ADDRESSES:You may mail or hand carry and approval of the Tribe's request for amended(42 U.S.C.4371 et seg.),
written comments to Clay Gregory, a reservation proclamation pursuant to Department of the Interior Manual (516
Regional Director,Pacific Regional a court approved stipulation in Scotts DM 1-6),and is in the exercise of
Office,Bureau of Indian Affairs,2800 Valley et al v. United States case of authority delegated to the Principal
Cottage Way,Sacramento,California September 6,1991 (NO.C-86-3660- Deputy Assistant Secretary—Indian
95825.The public scoping meeting will VRW),and implementing the intent and Affairs by 209 DM 8.1.
be held at the Richmond Memorial findings of the U.S.Department of Navy Dam;February 22,2005.
Auditorium,403 Civic Center Plaza, EIS/EIR for the base closure of the Point Michael D.Olsen,
Richmond,California. Molate Naval Fuel Depot.The proposed
FOR FURTHER INFORMATION CONTACT:John action also includes all the actions and ActingPrincipal Deputy Assistant Secnetary—
approvals b the Cit necessary to Indian Affairs.
Rydzik,(916)978-6042. pF y y ary .
SUPPLEMENTARY INFORMATION:The Tribe permit and facilitate the land transfer [FR Doc.05-4880 Filed 3-10-05,8.45 am]
and development including approval of e�"o CODE�o-v�t7-P
'
proposes that 415±acres of land be
taken into trust to restore its terminated a proposed municipal services
tribal land base for its people. The 415± agreement. EPARTMENT OF THE INTERIOR
acres encompass nine contiguous Areas of environmental concern
parcels in the City of Richmond,more identified so far for analysis in the EIS/ B reau of Indian Affairs
commonly known as the former Point EIR include land resources,water
Malate Naval Fuel Depot.The project resources,coastal zone planning Ind n Gaming
site is located 2 miles northeast of the consistency,air quality,living
Richmond-San Rafael Bridge tollbooth, resources,cultural resources,Indian AGE Y:Bureau of Indian Affairs.
after exiting at Western Avenue off of burial remains,socioeconomic Inters r.
conditions,traffic and transportation.., ACTIO •Notice of Class III gamin
Highway 580 while heading west, land use,public utilities and services, compo is taking effect.
The Tribe wishes to use the property noise,lighting,hazardous materials,
for multiple tribal purposes,including environmental justice,soils SUMMAR :Notice is given that t e
economic development and the remediation,visual resources/aesthetics, Tribal-St to Compacts betwee the Kaw
provision of governmental services.The homeland security issues,Bay Trail Nation, Kickapoo Tribe, a Peoria
City wishes to use the property for construction,historical building Tribe and a State of Oklah a are
economic development purposes, restoration,and cumulative impacts. considered to have been ap oved and
promoting employment,enhancing City The range of issues and alternatives to are in effect
revenues and improving municipal be addressed in the EIS/EIR may be EFFECTIVE
services.More specifically,the Tribe expanded based on comments received DA March 11, 005.
and Cit contemplate that the site will p FOR FURTHER FORMATION ONTACT:
City p in response to flus notice and at the George T.Ski 'ne,Direc r,Office of
be used for the development of gaming public scoping meeting. Indian Gamin ana a ent Office of
and related entertainment,retail and g g
lodging facilities,tribal government Public Comment Availability the Deputy Ass i tont S retary—Policy
facilities,police and fire services,public and Economic D velo ent,
p p Comments,including names and
parks,open space,a ferry terminal, addresses of respondents,will be Washington,DC 024 ,(202)219-4066.
public transportation and possible available for public review at the BIA SUPPLEMENTARY IN ATION:Under
housing. The eventual size and scope of address shown in the ADDRESSES Section 11(d)(7)(D the Indian
these facilities may be altered based on section,during business hours 8 a.m.to Gaming Regulatory ct of 1988(IGRA),
information obtained through the EIS/ 4:30 p.m.,Monday through Friday, Public Law 100-4 25 U.S.C.2710,the
EIR process,but the Tribe and City's except holidays.Individual respondents Secretary of the I e or must publish in
current proposal is for approximately may request confidentiality.If you wish the Federal Regi er tice of any
150,000 square feet of gaming floor, us to withhold your name and/or Tribal-State co act at is approved,
300,000 square feet of retail facilities, address from public review or from or considered t have b en approved for
25,000 square feet of convention and disclosure under the Freedom of the purpose of ngaging'n Class III
entertainment facilities,an Information Act,you must state this gaming activi as on Inde lands.The
approximately 400 room hotel and a prominently at the beginning of your Acting Princi al Deputy ssistant
second phase 700 room hotel,29 written comment.Such requests will be Secretary— than Affairs, epartment
cottages remodeled into hotel suites or honored to the extent allowed by the of the Interi r,through his elegated
offices,a boutique spa/hotel,a fire law.We will not,however,consider authority d d not approve o disapprove
station,tribal governmental offices,a anonymous comments.All submissions these com acts before the d to that is 45
tribal cultural center,220+acres of open from organizations or businesses,and days after a date these cam acts were
space or submerged lands,40 acres of from individuals identifying themselves submitte .Therefore,pursu t to 25
public parks,a public trail,the ferry as representatives or officials of U.S.C.2 10(d)(7)(C),these co acts are
terminal and possible limited housing organizations or businesses,will be consid ed to have been appro ed,but
units.The proposed development made available for public inspection in only t the extent they are const tent
would also include parking facilities for their entirety. with RA.These compacts au th rize
approximately 3000 vehicles for patrons Authority Indi tribes to engage in certain lass
and employees. III g ing activities,provides for ertain
The proposed action encompasses the This notice is published in geo phical exclusivity,limits th
various federal approvals which would accordance with section 1503.1 of the n ber of gaming machines at exis 'ng
be required to implement the Tribe's Council of Environmental Quality - ra etracks,and prohibits non-tribal
efforts to establish a restored tribal land Regulations(40 CFR Parts 1500 through o eration of certain machines and
base,including approval of the Tribe's 1508)implementing the procedural ered games,and take effect on the
fee-to-trust application,approval of the requirements of the National ate their approval is published in the
Tribe's gaming management contract Environmental Policy Act of 1969,as Federal Register.
B-1
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
PASSED by the following vote of the Board of Supervisors on this fifth day of April 2005
AYES: SUPERVISORS GIOIA, PIEPHO, DESAULNIER, AND UILKEMA
NOES:
ABSENT: §tfPtRVISOR GLOVER
ABSTAIN:
RESOLUTION NO. 20051182
Subject: Support of Senate Bill 113 (Feinstein)which modifies the effective date of federal
trust land for the Lytton Rancheria(Lytton Band of the Pomo Indians)
WHEREAS,the Indian Gaming Regulatory Act (IGRA)requires that tribes complete a"two-part
determination" process prior to engaging in Class III gaming on newly acquired land;
WHEREAS,IGRA requires the approval of both the state Governor and the Secretazy ofthe Interior
for tribes to operate gaming casinos on lands acquired and put into trust after October 17, 1988;
WHEREAS, IGRA also requires that the Secretary of the Interior consult with local communities
and nearby tribes as part of this two-part process;
WHEREAS, in 2000, these provisions of IGRA were abrogated by Congressional action that
directed the Secretary of the Interior to accept land in the City of San Pablo into trust for the benefit
of the Lytton Band of the Pomo Indians and specified that"such land shall be deemed to have been in
trust and part of the reservation of the [Lytton] Rancheria prior to October 17, 1988";
WHEREAS, this Congressional action gave special preference to the Lytton Band of the Pomo
Indians above that given to other tribes and other local communities and was inconsistent with the
principles of equality under the law;
WHEREAS, this Congressional action was also contrary to the intent of Proposition 1 A which
allows casino style gambling on Indian lands and was passed by the voters of California with the
assurance that Indian gaming operations would be limited to existing Indian reservations, none of
which were then in urban areas;
WHEREAS,Senator Dianne Feinstein has introduced S 113,which would delete the designation of
the Lytton Rancheria land as land deemed to be held in trust prior to October 17, 1988 and thus
subject the Lytton Band to the same provisions of IGRA that apply to all other tribes who acquire
land after 1988;
WHEREAS, S 113 does not affect the Lytton Band's acquisition of land in San Pablo, nor does it
prohibit a casino proposal if approved pursuant to the two-part determination process of IGRA..
NOW THEREFORE BE IT RESOLVED, that the Contra Costa County Board of Supervisors
supports S 113 as a measure that restores equity in the process of considering the interests and needs
of all parties in the determination of whether to allow Indian gaming;
BE IT FURTHER RESOLVED, that the Contra Costa County Board of Supervisors respectfully
requests its Congressional delegation and all members of the Senate and House of Representatives to
support S 113.
1 hereby certify that this is a true and correct
copy of an action taken and entered on the
minutes of the Board of Supervisors on the
date shown.
RESOLUTION NO. 20051182 �.}
ATTESTED.
JOHN SWEET N, Clerk of the Board
of Supervisors and Cou Administrator
By Deputy
B-2
PUBLIC LAW 106-568-DEC. 279 2000
EXCERPTS
OMNIBUS INDIAN ADVANCEMENT ACT
114 STAT. 2868 PUBLIC LAW 106-568—DEC. 27, 2000
Public Law 106-568
106th Congress
An Act
Dec.27,2000 To authorize the construction of a Wakpa Sica Reconciliation Place in Fort Pierre,
[H.R.55281 South Dakota,and for other purposes.
Be it enacted by the Senate and House of Representatives of
Omnibus Indian the United States of America in Congress assembled,
Advancement
Act_ SECTION I.SHORT TITLE.
25 USC 4101 This Act may be cited as the "Omnibus Indian Advancement
note. Act".
SEC.2.TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY IRRIGATION
WORKS
Sec. 101. Findings.
Sec. 102. Conveyance and operation of irrigation works.
Sec. 103. Relationship to other laws.
TITLE II—NATIVE HAWAIIAN HOUSING ASSISTANCE
Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Housing assistance.
Sec. 204. Loan guarantees for Native Hawaiian housing.
TITLE III—COUSHATTA TRIBE OF LOUISIANA LAND TRANSACTIONS
Sec. 301. Approval not required to validate land transactions.
TITLE IV—WAKPA SICA RECONCILIATION PLACE
Sec. 401. Findings.
Sec. 402. Definitions.
Subtitle A—Reconciliation Center
Sec. 411. Reconciliation center.
Sec. 412. Sioux Nation Tribal Supreme Court_
Sec. 413. Legal jurisdiction not affected.
Subtitle B—GAO Study
Sec. 421. GAO study.
TITLE V—EXPENDITURE OF FUNDS BY ZUNI INDIAN TRIBE
Sec. 501. Expenditure of funds by tribe authorized.
TITLE VI—TORRES-MARTINEZ DESERT CAHUILLA INDIANS CLAIMS
SETTLEME -
Sec. 601. Short title.
Sec. 602. Congressional findings and purpose.
Sec. 603. Definitions.
PUBLIC LAW 106-568-DEC. 27, 2040 114 STAT. 2869
Sec. 604. Ratification of settlement agreement.
Sec. 605. Settlement funds.
Sec. 606. Trust land acquisition and status.
Sec. 507. Permanent flowage easements.
Sec. 608. Satisfaction of claims,waivers,and releases.
Sec. 609. Miscellaneous provisions.
Sec. 610. Authorization of appropriations.
Sec. 611. Effective date.
TITLE VII-SHAWNEE TRIBE STATUS
Sec. 701. Short title.
Sec. 702. Findings.
Sec. 703. Definitions.
Sec. 704. Federal recognition,trust relationship,and program eligibility.
Sec. 705. Establishment of a tribal roll.
Sec. 706. Organization of the tribe;tribal constitution.
Sec. 707. Tribal land.
Sec. 708. Jurisdiction.
Sec. 709. Individual Indian land.
Sec. 710. Treaties not affected.
TITLE VIII-TECHNICAL CORRECTIONS
Sec. 801. Short title.
Subtitle A-Miscellaneous Technical Provisions
Sec. 811. Technical correction to an Act affecting the status of Mississippi Choctaw
lands and adding such lands to the Choctaw Reservation.
Sec. 812. Technical corrections concerning the Five Civilized Tribes of Oklahoma.
Sec. 813. Waiver of re ayment of expert assistance loans to the Red Lake Band of
Chippewa Indians and the Minnesota Chippewa Tribes.
Sec. 814. Technical amendment to the Indian Child Protection and Family Violence
Protection Act.
Sec. 815. Technical amendment to extend the authorization period under the In-
dian Health Care Improvement Act.
Sec. 816. Technical amendment to extend the authorization period under the In-
dian Alcohol and Substance Abuse Prevention and Treatment Act of
1986.
Sec. 817. Morris K Udall Scholarship and Excellence in National Environmental
Policy Foundation.
Sec. 818. Technical amendment regarding the treatment of certain income for pur-
poses of Federal assistance.
Sec. 819. Land to be taken into trust.
Subtitle B-Santa Fe Indian School
Sec. 821. Short title.
Sec. 822. Definitions.
Sec. 823. Transfer of certain lands for use as the Santa Fe Indian School.
Sec. 824. Land use.
TITLE IX--CALIFORNIA INDIAN LAND TRANSFER
Sec. 901. Short title.
Sec. 902. Lands held in trust for various tribes of California Indians,
Sec. 903. Miscellaneous provisions.
TITLE X-NATIVE AMERICAN HOMEOWNERSHIP
eec. 1001. Lands Title Report Commission.
Sec. 1002. Loan guarantees.
Sec. 1003. Native American housing assistance.
TITLE XI-INDIAN EMPLOYMENT,TRAINING AND RELATED SERVICES
Sec. 1101. Short title.
Sec. 1102. Findings,purposes.
Sec. 1103. Amendments to the Indian Employment, Training and Related Services
Demonstration Act of 1992.
Sec. 1104. Report on expanding the opportunities for program integration_
TITLE XII-NAVAJO NATION TRUST LAND LEASING
Sec. 1201. Short title.
Sec. 1202. Congressional findings and declaration of purposes.
Sec. 1203. Lease of restricted lands for the Navajo Nation.
4 STAT. 2916 PUBLIC LAW 106-568—DEC. 2710 2099
(1) IN GENERAL. The Tribe shall be eligible to hav land
acquired in trust for its benefit pursuant to section of the
Act of June 181, 1934 (48 Stat. 985; 25 U.S.C. 465) section
1 of the Act of June 26, 1936 (49 Stat. 1967; 25 C. 501).
(2) CERTAIN LAND IN oKZAHomA. NotwithS anding any
other provision of law but subject to sub n (b), if the
Tribe transfers any land within the bound ' s of the State
of Oklahoma to the Secretary, the S . shall take such
and into trust for the benefit of the Tribe.
RESTRICTION. No land recognized by he Secretary to be
within a Cherokee Nation or any other than tribe may be
taken in trust for the benefit of the be under this section
without t consent of the Cherokee N ion or such other tribe,
respectively.
25 USC 1041f. SEC.708.JURIS CTION.
(a) IN GENE The Tribes all have Jurisdiction over trust
land and restricts land of th Tribe and its members to the
same extent that th Cherok Nation has jurisdiction over land
recognized by the Se tart' to be within the Cherokee Nation
and its members,but o if ch land
(1) is not reco by the Secretary to be within the
jurisdiction of anoth f erally recognized tribe;or
(2) has been aced trust or restricted status with the
consent of the fe rally rec 'zed tribe within whose jurisdic-
tion the Secret recogrnze the land to be, and only to the
extent that t Tribe's jurisdi 'on has been agreed to by that
host tribe.
(b) RULE F CoNsmumoN. No 'ng in this title shall be
construed to 'minish or otherwise li 't the 'urisdiction of any
Indian tri that is federallyf
recognize on t a day before the
date of enactment of this Act over tru land, restricted land,
or othe forms of Indian country of that than tribe on such
date.
25 USC 10418 SEC 09.INDIVIDUAL INDIAN LAND.
Nothing in this title shall be construed to affect a restrictions
gainst alienation of any individual Indian's land and ose restric-
tions shall continue in force and effect.
25 USC 1041 SEC.710.TREATIES NOT AFFECTED.
No provision of this title shall be construed to constit an
amendment, modification, or interpretation of any treaty to w 'ch
a tribe referred to in this title is a party nor to any right secur
to such a tribe or to any other tribe by any treaty.
Native American TITLE VIII-TECIANICAL CORRECTIONS
Laws Technical
Corrections Act
of 2000. SEC.801.SHORT TITLE.
25 USC 450 note.
This title may be cited as the"Native American Laws Technical
Corrections Act of 2000".
R
PUBLIC LAW 106-568—DEC. 27, 2000 114 STAT. 2919
" are paid by the State of Minnesota to the Bois Fort
Band of a Indians pursuant to the agree such
Band to voluntari y 'ct tribal ri unt and fish in
territory cede under the September 30, 1854 (10
Stat. 1109) i interest accru uch funds during
o in which such funds are held in a trust,".
SEC.819.LAND TO BE TAKEN INTO TRUST.
Notwithstanding any other provision of law, the Secretary of
the Interior shall accept for the benefit of the Lytton Rancheria
of California the land described in that certain grant deed dated
and recorded on October 16, 2000, in the official records of the
County of Contra Costa,California,Deed Instrument Number 2000-
229754. The Secretary shall declare that such land is held in
trust by the United States for the benefit of the Rancheria and
that such land is part of the reservation of such Rancheria under
sections 5 and 7 of the Act of June 18, 1934 (48 Stat. 985; 25
U.S.C. 467). Such land shall be deemed to have been held in
trust and part of the reservation of the Rancheria prior to October
17, 1988.
Subtitle B—Santa Fe Indian School Santa Fe Indian
School Act.
S .821.SHORT TITLE.
is subtitle may be cited as the "Santa Fe In an School
Act".
SEC.822. MITIONS.
In this btitle:
(1) 1 UEBLOS. The terra "19 Pueblos" means the Indian
pueblos of coma, Cochiti Isleta} Jeme . Laguna, Nambe,
Picuris, Pojoa e, San Felipe, San Ildefo o. San Juan, Sandia,
Santa Ana, Sa Clara, Santo Domi o, Taos, Tesuque, Zia,
and Zuni.
(2) SANTA FE IAN SCHOOL, C.. The term "Santa Fe
Indian School, Inc." ans a corp ation chartered under laws
of the State of New Mex o.
(3) SECRETARY.—The rm " ecretary"means the Secretary
of the Interior.
SEC. 823. TRANSFER OF CERT S FOR USE AS THE SANTA
FE INDIAN SCHOO .
(a) IN GENERAL.—All z' ht, title, d interest of the United
States in and to the la , including i rovements and appur-
tenances thereto, descri ed in subsection ) are declared to be
held in trust for the enefit of the 19 Pu las of New Mexico.
(b)LAND.
(1) IN GE The land described i this subsection
is the tract o land, located in the city and unty of Santa
Fe, New M ico, upon which the Santa Fe In ' n School is
located an more particularly described as all at certain
real prop , excluding the tracts described in para aph (2),
as sho in the United Sates General Land Office lat of
the U ited States Indian School Tract dated March 19, 9371
and ecorded at Book 363, Page 024, Office of the Clerk, Sa to
Fe ounty, New Mexico, containing a total acreage of 131.
res,more or less.
Page 1
B-3
S 113 FEINSTEIN
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS--(Senate- January
24,2005)
President, I have serious reservations about the expansion of Nevada-style gaming--with its slot
machines and in-house banking--into urban areas, and I am particularly concerned about off-reservation
gambling and'`reservation shopping'. Off-reservation casinos often cause counties additional costs in
public and local services, intrude on residential areas, and are responsible for an increase of traffic and
crime within local communities.
[P-age: S2 87] G,Po vs.E,,.
That is why Section 20 of the Indian Gaming Regulatory Act requires that tribes complete a"two-part
determination" process prior to engaging in Class III gaming on newly acquired, or off-reservation
lands. Under this law,tribes seeking to game on lands acquired after October 17, 1488, must receive the
approval of both the state Governor and the Secretary of the Interior. In addition,this process requires
that the Secretary of the Interior consult with local communities and nearby tribes before making a final
decision in these cases.
In August 2004, the Lytton tribe and the Governor of my state reached an agreement on a compact that
would have permitted the development of a 6-8 story casino housing 5,000 slot machines.Notably, this
would be the largest inventory of slot machines found in any casino outside of Connecticut. After the
State Legislature balked at approving this massive deal, the Governor and the tribe agreed to put forward
a revised compact that would allow for a 2,500 slot casino,while permitting the tribe to negotiate for
additional slots in 2008. This latest proposal remains unratified by the State Legislature.
Mr. President, without this legislation,the Lytton tribe will be able to open a massive gambling
complex in a metropolitan area outside the regulations set up by the Indian Gaming Regulatory Act.
Allowing this to happen would set a dangerous precedent not only for California,but every state where
tribal gaming is permitted.
The changes I seek today are extremely limited. This legislation would not reverse restoration of the
tribe. It would not infringe on Native American sovereignty. It does not affect the land acquisition or
even block the casino proposal. It only seeks to give the State and the local communities a voice in the
process and ensure that gaming continues to be organized within the framework of the Indian Gaming
Regulatory Act.
The Indian Gaming Regulatory Act has provided this Nation with a fair and balanced approach to
Indian gaming by facilitating tribal plans for economic recovery without compromising a multitude of
factors that should be taken into account when deciding on the siting of casinos. This law works. It is a
fair process that should continue to be followed.
It is simply not asking too much to require that Lytton be subject to the regulatory and approval
processes applicable to newly acquired tribal lands by the Indian Gaming Regulatory Act.
I hope my colleagues will support this legislation and I look forward to working with the Chairman
and Ranking Member of the Indian Affairs Committee to pass this legislation quickly.
I ask unanimous consent that the text of the bill be printed in the RECORD.
file://C:\Documents and Settingslhsaun\Local Settings\Temp\C.Lotus.Notes.Data1FEINST... 1/25/2005
Page 2 of 2
There being no objection,the bill was ordered to be printed in the RECORD, as follows:
S. 113
Be it enacted by the Senate and Douse of Representatives of the United States of America in Congress
assembled,
SECTION 1,LYTTON RANCffERIA OF CALIFORNIA,
Section 819 of the Omnibus Indian Advancement Act(114 Stat. 2919)is amended by striking the last
sentence.
Congressional Record stops here.
file:HC:\Documents and SettingslhsaunTocal Settings\Temp\C.Lotus.Notes.Data1FEINST... 1/25/2005
Page 1
B-4
S 113 IS
109th CONGRESS
1st Session
S, 113
To modify the date as of which certain tribal land of the Lytton Rancheria of California is deemed to be
held in trust.
IN THE SENATE OF THE UNITED STATES
January 24, 2005
Mrs. FEINSTEIN introduced the following bill; which was read twice and referred to the Committee on
Indian Affairs
A BILL
To modify the date as of which certain tribal land of the Lytton Rancheria of California is deemed to be
held in trust.
Be it enacted by the Senate and House of Representatives of the United States of America in
Congress assembled
SECTION 1. LYTTON RANCHERIA OF CALIFORNIA.
Section 819 of the Omnibus Indian Advancement Act(114 Stat. 2919)is amended by striking the
last sentence.
END
http://thomas.loc.gov/cgi-bin/query/C?c109:./temp/`c109wFIWdH 3/25/2005
The Board of Supervisors
Contra
Jahn Sweeten
County Administration Building Clerk of the Board
651 Pine Street,Room 106 Costa and
Martinez,California 94553-1293 County Administrator
{925)335-i 900
John Gioia,1st District County
Gayle B.Ullkema,2nd District
Mary N.Piepho,3rd District
Mark DeSaulnier,4th District • --='�
Federal D.Glover,5th District �� t
April 5, 2005 �a
Assemblyman Joe Dation
Capitol Building#3013
Sacramento, CA 95 814
RE: Support for ACA 15
Dear Assemblyman Dation:
Thank you for your leadership and initiative in introducing ACA 15 which would ask the voters
of California to authorize a moratorium on new Indian casinos:until 2008, pending a study of
Indian gaming issues.
The proliferation of Indian gaming casinos is creating enormous strains on local government that
have responsibility to protect the health and welfare of its communities. In Contra Costa County,
three casinos are proposed within eight miles of each other within the densely populated area of
West County. Access will be on Interstate 80, one of California's most highly congested
freeways.
On behalf of the citizens of Contra Costa County, the Board of Supervisors has adopted a
position of support for ACA 15. Please let us know if you would like more information about
our situation or if there is anything further we could do in support of ACA 15.
Sincerely,
Gayle B. Uilkema
Chair
cc: Board Members
Legislative Delegation
Mayors, Contra Costa County cities
Cathy Christian, Nielsen Merksamer et al
C-2
w
CALIFORNIA LEGISLATURE ZOOS-05 REGULAR SESSION
Assembly Constitutional Amendment No. 15
Introduced by Assembly Member Nation
March 16,2005
Assembly Constitutional Amendment No. 15—A resolution to
propose to the people of the State of California an amendment to the
Constitution of the State, by adding and repealing Section 23 of
Article IV, and by adding and repealing Section 8.5 of Article V
thereof,relating to gaming.
LEGISLATIVE COUNSEL'S DIGEST
ACA 15, as introduced,Nation. Tribal-state gaming compacts.
The federal Indian Gaming Regulatory Act of 1988 provides for the
negotiation and execution of tribal-state gaming compacts for the
purpose of authorizing certain gaming activities on Indian lands
within a state. The California Constitution authorizes the Governor to
negotiate and conclude, subject to ratification by the Legislature,
tribal-state gaming compacts, and existing law ratifies specified
gaming compacts.
This measure would prohibit the Governor from concluding gaming
compacts, as specified, until January I, 2008. The measure would
establish, until January 1, 2008, the Commission on Gaming to study
and review all aspects of gaming in California, as specified. The
measure would require the commission to submit a report of that study
to the Legislature and the Governor on or before January 1,2007.
Vote: '/;. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
1 WHEREAS, Casino-style gambling on Indian lands was
2 authorized by the people of California by the enactment of
99
t
AGA 15 2
1 Proposition 1 A in March 2000 with the understanding that tribal
2 gaming operations would be limited to existing Indian lands; and
3 WHEREAS, Since 2000, tribal gambling operations in
4 California have grown at an unprecedented rate, with more than
5 60 tribal casinos and nearly 60,000 slot machines on tribal lands.
6 New tribal gambling proposals continue throughout California;
7 and
8 WHEREAS, Tribal gambling in California now generates
9 more than $5 billion annually in gross revenues; and
10 WHEREAS, Tribal casino operations have caused extensive
11 off-reservation impacts, such as high traffic on inadequate roads,
12 noise, air, and water pollution, and increased law enforcement
13 and public safety demands, all of which annually cost local
14 governments hundreds of millions of dollars; and
15 WHEREAS,Although some tribes have negotiated agreements
16 with local governments to mitigate these impacts, agreements
17 have not been negotiated for most tribal casinos; and
18 WHEREAS, In addition to environmental impacts, the
19 cumulative effect and cost of tribal casino operations has not
20 been adequately studied or analyzed. As a result,the Legislature
21 is determining whether to ratify proposed compacts with vague
22 and inadequate information; and
23 WHEREAS, It is therefore in the public interest that a
24 moratorium be imposed upon the conclusion or ratification of
25 any additional compacts until further information concerning the
26 impact of tribal gaming operations on the State of California can
27 be gathered and presented to the Legislature;now,therefore,be it
28 Resolved by the Assembly, the ,Senate concurring, That the
29 Legislature of the State of California at its 2005-06 Regular
30 Session commencing on the sixth day of December 2004,
31 two-thirds of the membership of each house concurring, hereby
32 proposes to the people of the State of California, that the
33 Constitution of the State be amended as follows:
34 First That Section 23 is added to Article IV thereof,to read:
35 SEC. 23. (a) The Commission on Gaming is hereby
36 established. This commission shall study and review all aspects
37 of gaming in California, and shall consider, at a minimum, all of
38 the factors described in subdivision(d).
39 (b) The Commission on Gaming shall consist of 13 members
40 appointed as follows:
99
-3— ACA 15
1 (1) Three members appointed by the Governor. The Governor
2 shall also designate one of these members as the chair of the
3 commission.
4 (2) Five members appointed by the Senate Committee on
5 Rules.
6 (3) Five members appointed by the Speaker of the Assembly,
7 (c) The commission shall meet regularly,hold public hearings,
8 review relevant research and law, authorize new research, and
9 solicit public comment. Members of the commission shall not
10 receive compensation, but shall be reimbursed for travel
11 expenses incurred while attending commission meetings.
12 (d) The commission shall consider all of the following issues
13 in relation to gaming:
14 (1) Public safety.
15 (2) Financial impact,including long-term economic effects.
16 (3) Social and environmental impacts.
17 (4) Local control.
18 (5) Consolidation incentives.
19 (6) Further necessary statutory or constitutional provisions
20 relating to tribal gaming.
21 (7) Other issues as the commission deems necessary.
22 (e) The commission shall conduct a study on gaming in
23 California and shall submit a report of that study to the
24 Legislature and the Governor on or before January 1,2007.
25 (f) The sum of one hundred fifty thousand dollars ($150,000)
26 is hereby appropriated from the General Fund to the Commission
27 on Gaming for its support.
28 (g) This section shall remain in effect only until January 1,
29 2008, and as of that date is repealed.
30 Second—That Section 8.5 is added to Article V thereof, to
31 read:
32 SEC. 8.5. (a) Notwithstanding Section 19 of Article IV, the
33 Governor shall not conclude any compact for the operation of
34 slot machines or for the conduct of lottery games or banking and
35 percentage card games in the State of California until January 1,
36 2008.
37 (b) This section shall remain in effect only until January 1,
38 2008, and as of that date is repealed.
O
The Board ofSupervisors
John Sweeten
County Administration Building Clerk of the Board
651 Pine Street, Room 106 Costa and
Martinez,California 94553-1293 County Administrator
unty (925}335-19Q0
John Giofa,1st District
Gayle B.Ullkema,2nd District
Mary N.Piepho,3rd District ;=:°,
Mark DeSaulnier,4th District
Federal D.Glover,5th District April 5, 2005
r � r
Congressman Richard W. Pombo
Rayburn Building #2411
Washington, IAC 20515
Dear Congressman Pombo:
On behalf of the Contra Costa County Board of Supervisors and the citizens of Contra Costa
County, thank you for your leadership and initiative in addressing the issue of the proliferation of
Indian gaming casinos. We are very supportive of the concept of consolidation. In addition, we
believe that local concurrence on the siting of facilities is absolutely essential.
You invited comments on the discussion draft bill. In that spirit, we would like to offery ou three
suggestions which we believe would strengthen the bill from local government perspective:
■ Currently, the bill could be read to allow a city to approve an Indian Economicpp ortunity
Zone within its jurisdiction without concurrence of the county. Yet there could be
significant impacts on county services and infrastructure. A new land use of this magnitude
should also require concurrence of the hast county and the state.
■ The County's experience with currently proposed casinos has demonstrated the difficulty of
assessing impacts when the County is not the lead agency in the environmental review
process. Since these Economic opportunity Zones could have statewide or regional
impacts, it would make sense for the state to have jurisdiction over the environmental review
process and be responsible for both its conduct and its certification.
■ Casinos located in an Economic Opportunity Zone should be required to provide for full
mitigation of the off-reservation impacts of the casino under a legally enforceable
agreement.
We would be very happy to discuss this matter further-with you. Again, thanky
ou for our interest
�
and support in addressing this critical issue.
Sincerely,
f•
Gayle B. ilkema
Chair
cc: Board Members
Contra Costa County Legislative Delegation
w D-2
F:\M9\P0MB0\P0MB0.fi32XKL H.L.G.
[DISCUSSION DRAFT]
109TH CONGRESS
1ST SESSION
Ho Ro
To amend the Indian Gaming Regulatory Act.totAT-rersi rvation
gaming, and for other purrwq..� -
IN THE HOUSE OF RE PRE S`RTATIVE S
Mr. PoMBo introduced the follUwni�bill- which was ref rra d to the Committee
on
los.,
A BILL
To wiLend the Irldl a ii (7-amia Regulatory Act to restrict
u14,10 sli eryatio girt--iIngs and for other purposes.
Be it a rl a c t(:,d by the Senate and House of Ike presen ta-
? t of the t.+ sited States of America in Congress assembled,
3 SECTION 1,RESTRICTION ON OFF-RESERVATION GANM4G.
4 Section 20 of the Indian Gaming Regulatory Act (25
5 U.S.C. 2719) is amended
—
6 (1) by amending subsection (b)(1) to read as
7 follows:
PAV91030905\030905.207 (31340117)
March 9,2005(4:35 PM)
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2
1 "(b)(1) Subsection (a) will not apply to any Indian
2 tribe
--
3 "(A) that is newly recognized, including those
4 newly recognized under the Federal Acknowledge-
5 m ent Process at the Bureau of Indian .Affairs, if the
6 Secretary determines that the lands,-.acquired in
7 trust for the benefit of that India ii Oibe for the Pur-
8 poses of gaming are lands with lt. fl i. where
9 the Indian tribe has its si n i-i .x' €,ograph i c ;,_,*Ckei a 1,
10 and historical nexus to tbe--Jai d; (}r•
11 "(B) that is restored lav le.tiislation, court de-
12 cree, or any oth}_ �P
f, .s s, or is la 11 �.s on the date
13 of the enactment of ul: tett .: . i '
14 "4 i) the Sc!eitetary de termines that the
15t t -etYuired ii-i :� t for the benefit of the In
16 d ian tribe Cor [be I:t iarposes of gaming are lands
17 N itl-iiri lho tete where the Indian tribe has its
18., 1)rj i i.:i r tgeo ctraphie, social, and historical nexus
19 t.{_-s t is land-
20 "(u) the Secretary determines that the
21 proposed gaming activity is in the best interest
22 of the of the Indian tribe, its tribal members,
23 and would not be detrimental to the sur-
24 rounding community; and
_--
F:1V910309051030905.207 (31340117)
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FAM9\P0MB0\P0M00_032.CML H.L.C.
3
1 "(iii} the State, city, county, town, parish,
2 village, and other general purpose political sub-
3 divisions of the State with authority over land
4 that is concurrent or contiguous to the lands
5 acquired in trust for the benefit of the Indian
6 tribe for the purposes of gaming pruve."; and
7 (2) by adding at the end the fo1Jo i n g new sub-
8 sections:
g "(e)(1) Notwithstanding 81!v other provisiOn _r.....Law,
10 the Secretary may designate '' lnd i an E(-.cxnomic Op`)'6'.r"w.
11 tunity Zones, for the purposes of co isolid ating cl ass II
12 gaming and class III '!Ii` 1.i r-r d eti elopme n,...i u .each State
13 within the contiguous I{ i . cl'` whem at least one
14 Indian tripe lla's I'Li prImar% geograp social, and h.istor-
15 ical nexus to land.within that.St at'.e as follows:
16 A)..One I di_an Econumic Opportunity Zone in
tate ou ku.-ds that were Indian lands on the
1.8. the da.te..{�f the-enactment of this subsection.
19 "( : One Indian Economic Opportunity Zone
20 U-
State on lands that were not Indian lands
21 o3: the the date of the enactment of this subsection
22 but which the Secretary takes into trust for all of
23 the Indian tribes participating in that Indian Ecome
24 nomic Opportunity Zone,
F"AV9\030905\030905.207 (313401{7)
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FAM9\P0MB0\P0MB0032.XML H.L.C.
4
1 =`(2) An Indian tribe nzay participate in class II gam-
2 ing'and class III gaming within an Indian Economic Op-
3 portunity Zone designated under paragraph (I.)(A) if
-
4 "(A) the Secretary determines that participa-
5 tion in the Indian Economic opportunity Zone is in
6 the best interest of each participating- Indian tribe;
7 "(B) the participating Ind4i n -ribe for %7-hich
8 the Indian lands within the Inch It w E conwww 0-ppor-
9 tunity Zone are held in. truer',_
10 "(i) receives nc i lt d related to the zj�:.
11 ing activities of any other p*a rticipating Indian
12 tribe withiu : h6_,__Indian Eeonott le. Opportunity
13 Zone, other that.1 tv)t' .1110re thIc n 10 percent of
14 y-rn-ss revenues �-t:ti .`ii 11-1anag� gent fee to operate
15 flit. ;;aming foci it f,:and
16 "60provi4 1eno financial support to any
.17 p •t,iei }ating Indian tribe;
.O � e St��te, city, county, town, parish, vil-
19 lage, Cof(l other general purpose political subdivisions
20 of 1 .hState Ninth authority over the land that is con-
., ...,
21 ourrent or contiguous to the Indian Economic Op-
22 portunity Zone approve; and
23 "(D) the. Indian tribe does not have any owner-
24 ship interest in any other gaming facility on any
25 other Indian lands.
FAM0309051030905.207 (31340117)
March 9,2005(4:35 PIVD
r
FAM9\P0M 30\P0M 30_a32M1L H.L.G.
5
I 4C(3) An Indian tribe may participate in class II gam-
2 ing and class III galu
r
f
F:\M9\P0MB0\P0MB0_432.XIL H.L.C.
6
1 Notwithstandang any other provision of this Act,
2 an Indian tribe shall not conduct gaming regulated by this
3 Act on Indian lands outside of a State in which the Indian
4 tribe has an eiisting reservation as of the date of enact-
5 ment of this subsection, unless such lands are contiguous
6 to an existing reservation of that Indian tribe, in that
7 State. "
8 SEC.2.STATUTORY CONSTRUCTION. .
4 The amendments made by paragraph (1) Of
10 1 shall be applied )r other ay -
11 ments that govern gaming regulated b,%:-- Act on Indian
12 lands that were in effe(- .*on the (.111 t.e. �f the, enactment
13 of this Act shah not be :''�t.- . - � �:rrio idments made
14 by paragraph (1) of section :l ��f this Aet.
FAV910309051030905.207 (31340117)
March 9,2005(4:35 PM)
What the Off-Res Gaming Discussion Draft Bill Does
• Restricts post-October 17, 1988 acquisitions of off-reservation Indian lands in trust for
gaming purposes. Such acquisitions are omen called"reservation shopping" by their
critics.
• Ends the"2-part determination" (Sec. 20(b)(1)(A) of IGRA) and prohibits a tribe from
crossing state lines to build facilities in a state in which it does not have a reservation.
These measures alone solve a large portion of the off-reservation gaming proposals
considered problematic by a number of tribal leaders, Members of Congress and State and
local government officials.
• Authorizes Secretary to designate two"Indian Economic Opportunity Zones"in each
state where Indian gaming is legal. Enables tribes to collocate gaming facilities within an
area where all affected tribes and government jurisdictions approve.
• One Zone may be on an existing Indian reservation(subject to the host
tribe's concurrence), the other may be on non-Indian lands which are then
taken into trust for gaming purposes.
• Any tribe in the state where a Zone is designated may choose to locate its
gaming facility in either Zone as long as the tribe does not have any
ownership interest in another facility on other Indian lands. (A tribe with an
existing facility would have to close it in order to open one on a Zone).
Choosing to own a facility in a Zone is purely voluntary for a tribe.
• A Zone must be approved by the State and local government with
jurisdiction over the lands in which the Zone is designated. A Zone created
from non-Indian lands must be further approved each Indian tribe within
200 miles and with ancestral ties to the designated area.
• This bill also clarifies how and where newly recognized, restored, and landless tribes may
acquire lands in trust for gaming purposes.
• A tribes newly recognized under the BIA process after enactment of this Act may
acquire trust lands for gaming only in its primary geographic and historical area of
the state in which it is located. (No such requirement exists in IGRA).
• A restored or landless tribe may acquire lands for gaming only in its primary
geographic and historical area of the state in which it is located, and the State and
local government with jurisdiction over the land must approve. (No such
requirements exist in IGRA).
• Does not extinguish land claims. Congress reserves its authority to settle land claims.
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IR Scotts Valley Band
0 *tow: of PIndians
April 5, 2005
The Honorable Gayle B. Uilkema, Chair
And Members of the
Contra Costa County Board of Supervisors
851 Pine Street, 11'hFloor
Martinez, California 94553-1229
To the Honorable Members of the Contra Costa County Board of Supervisors:
While the Tribal Council of the Scotts Valley Band of Pomo Indians ("the Tribe")
certainly understands and appreciates the Board's concerns which led to the adoption of
Resolution No. 2005/181, the Tribe believes that as part of its continuing effort to
promote a strong working relationship with the County the Tribal Council should share
its thoughts with you on a number of statements made in the Resolution.
y
s
As you are aware the Tribe is a federally recognized Indian tribe, which has
absolutely no trust land base. The Tribe's status as a federally-recognized Indian tribe
was illegally terminated in 1965 under the California Rancheria Termination Act, and
restored in 1992 pursuant to a judgment of the United States District Court for the
Northern District of California. The Tribe has now petitioned the Secretary of the
Interior to acquire title to six (6) parcels of real property, totaling approximately,29.87
acres and located in an unincorporated area of the County adjacent to the City of
Richmond (the "Parr Property"), in trust for the benefit of the Tribe for gaming
purposes. As a"restored tribe"within the meaning of the Indian Gaming Regulatory Act,
25 U.S.C. § 2701 et seq. (the "IGRA"), the Tribe believes that the Parr Property, upon
being taken into trust status, will be eligible for gaming as "restored lands" within the
scope and meaning of 25 U.S.C. §2719(b)(1)(B)(iii) (the "Restored Lands Provision").
1. The Tribe Has Historic and Modern Day Connections to Contra Costa
Coun
The Resolution's statement that "there has been no objective determination as to
whether {the Tribe) has a significant historic connection to Contra Costa County" is
somewhat troubling to the Tribe. As the Resolution acknowledges, there is a very
detailed, complicated process which the Secretary follows in determining whether to
accept title to the Parr Property in trust for the benefit of the Tribe for gaming under the
Restored Lands Provision. The Restored Lands Provision requires, among other things,
that Secretary determine whether the Tribe has a significant historic or modern
9700 Soda Bay Rd.-Kelseyville,California 95451
(707)277-8870 FAX# 1-707-277-8874
The Honorable Gayle B. Uilkema, Chair and Members of the
Contra Costa County Board of Supervisors
April 5, 2005
Page Two
connection to the County. As part of the application process the Tribe is required to
submit an Ethnohistorical Report demonstrating either a significant historic or a
significant modern connection between the Tribe and the County. The Secretary will
make the Tribe's Ethnohistorical Report available to the public during the application
process.
The Tribe is quite confident that the Ethnohistorical Report will demonstrate both
a significant historic and a significant modern day connection between the Tribe and the
County. As a result of the Federal Government's termination and relocation policies
throughout the 20th century, the vast majority of tribal members were relocated to the
San Francisco Bay area, and, in 2000, the Bureau of Indian Affairs (the "BIA")
designated the County as the Tribe's "service population area." This designation, along
with the very significant number of tribal members which continue to reside in and
around the County establishes the modern day connection between the Tribe and the
County necessary for the Parr Property to come within the scope of the Restored Lands
Provision.
The Parr Property is located in the extreme western end of the County close to
the sites of several historic Pomo villages which existed during the 19th century, before
the genocidal policies of the State and Federal governments nearly exterminated the
Pomo people. The Parr Property is also located close to historic trails connecting Pomo
villages from the San Pablo Bay all the way to Clear Lake. The Parr Property is also in
close proximity to the territory the Pomo ceded to the United States in the 19th century.
The Parr Property is thus the closest part of the Tribe's present day service population
area to historic Pomo territory, establishing the historic connection between the Tribe
and the County necessary for the Parr Property to come within the scope of the Restored
Lands Provision.
Since the Resolution is predicated, in part, upon the Board's erroneous belief that
the Tribe lacks a significant historic connection to the County, the Tribal Council
assumes that the Secretary's determination that there is a significant historic connection
between the Tribe and the County and a significant modern day connection between the
Tribe and the County will satisfactorily address one of significant reasons behind the
Resolution.
The Honorable Gayle B. Uilkema, Chair and Members of the
Contra Costa County Board of Supervisors
April 5, 2005
Page Four
Given the Tribe's willingness and attempts at a mutually beneficial and legally
enforceable MSA, the Tribe is troubled by the Resolution's efforts to raise the specter of
significant off-reservation impacts which the Tribe is not willing to deal with. Rather
than pander to unfounded public fears about a tribe that ignores community concerns,the
Tribal Council once again invites the Board to discuss the off-reservation impacts of the
Tribe's project and work with the Tribe to complete a legally enforceable MSA which
ensures that the Tribe implements mitigation measures to eliminate the significance of
those off-reservation impacts.
3. Proposition 1A Did Not Limit Indian Gaming to Existing Reservations,
The Resolution's statement that "Proposition lA in March 2000 Igave) assurance
that tribal gaming operations would be limited to existing Indian reservations, none of
which were then in urban areas" is inaccurate and misleading. Proposition 1A contains
no such limitation. In fact, Proposition lA specifically allows for gaming by federally
recognized tribes"on Indian lands in California in accordance with federal law".
In enacting IGRA the Congress was aware of the plight of illegally terminated,
landless tribes and thus created the Restored Lands Provision an exception for such tribes
to realize the benefits of tribal gaming on lands acquired in trust after the IGRA's 1988
cut off date. 'At the time Congress was debating the IGRA it was well aware that a
number of illegally terminated, landless tribes were seeking a restoration of their Federal
recognition either through legislation or the Federal Courts. Congress clearly provided a
mechanism for these illegally terminated landless tribes to acquire "Indian lands" and the
very language of Proposition 1 A acknowledges this mechanism and recognizes that there
would be additional gaming tribes in California after its passage.
It is also misleading for the Resolution to suggest that there were no urban tribal
gaming facilities in March 2000. Urban Indian casinos operate in San Diego and
Riverside Counties and in Palm Springs, areas which can hardly be characterized as rural.
These tribal gaming facilities have developed excellent working relations with their
County governments, and the Scotts Valley Band of Pomo Indians intends to follow their
lead.
Thank you very much for your attention to these matters, and the Tribe looks
forward to working with the County as the Tribe's project moves forward.
Sincerely,
Donald Arnold
Tribal Chairman
dr
r
IRMA ANDERSON
To: Gayle uilkema From: Irma Anderson
Fax: 925 335 1913 Pages: 4.(including.cover)
Phone: Date: APO 4, 2005
Re: Resolution Conceming Gaming in CCC CC:
❑ urgent ❑ For Review ❑Please Comment 0 Please Reply 0 Please Recycle
Page Missing from Last Fax
Hi Gayle—
Y would appiveiate the distflbute this letter at-your Coimty Board of Supervisors meeting in
addition to berg read.
Addilibnally, please hi,*c e copies of this letter for distribution to the public dLm'ng the Board Lel'
Supervisors meeting.
Thank Yotif
hma.
9 PM No 2609 F4
I�FinitC•Jor,Reeyuca p.wr
MAYOR City c
Irma L.Anderson
April 4, 2005
Supervisor Gayle U i l kema, Chair
Board of Supervisors
Centra Costa County
651 Pine Street, 1.1 t" -boor
Martinez, C.A 9455'3`4291
Subject: Proposed Resolution on C;arning within Contra Costa County
Dear C;hairwom.an I ilkema:
j am writing to urge you.to modify your. proposed resolution against all tribal gam'ng
proposals in Contra Costa County, so as to exclude the Pt. Molatc Resort project#trona
County consideration at this time. As your staff is aware,the City of Ricluriond bas Just.
initiated the Environmental Impact.Report on the prop()sed project. This City-led FIR,the
first of its kind in the State, will provide the actual inforniation of any beneficial or
adverse impacts of tbi.s project. Any action by the County to Lake a stand on the Pt.
Molate project now, rather than after the FIR is completed would be based on anectodal,
not real information, and would demonstrate that the County is biased and not interested.
in an objective analysis. As you know, the Coity of Richmond has not yet approved I.he
project, as we will evaluate it raid.make. our decision on the facts once the ETR is
completed.
Nonetheless, Riclirnond's City Council approved the sale of Pt. Molate with a number of
stipulations that we believe would make the Pt. Molate,Resort project wholly di i`i erent
frons the other casino proposals in the C otmty,with the potential to bring extraord.inai-y
benefits to Riclunond and the East.Bay, and provide for enforceable mitigation of all
impacts. we believe the City cif Richmond's innovative agreements with.the developer.
Upstream Pt. Molate LLC; and the Guidiville Band.of Pomo Indians (Tribe) address the
cronce.rns of the County and are responsive to the policies adapted by CSA(.. 'These
include-.
+ Under a contractual agTCenicntwith the developer and the Tribe, the City wil l
have the authority to render a series of discretionary decisions to approve or
disapprove the project, and.to impose conditions of approval on the project in
accordance with the City's independent CEQA review. There i s a limited waiver
of sovereign inuilumty later in the Services Agreeiiient, malting this contractual
agreement binding. This is the only proposal in the county to submit to full CEQA.
P.C . Box 4045 Richmond California 94804 telephone: 510-520-5503
fax: 510-620-6542
irma_anderson Oci.richmond.ca.us
0 P I,,l ECJ o , `h�i.0 �� . 4
r
• review and local approvals, and provides the county with a level of review and
checks and balances similar to major non-tribal projects. The agrectnent provides
the City enforcement mechanisms over all required mitigation measures including
protections for the open spaces and ishoreline on the site.
lJnlike the other proposals in the county,the Pt. Molate Resort project is an $800
million destination resort project that will attract new tourism and business
revenues to the region. We believe theprc�jec�t will add to the wealth of the City
and.the region, rather than simply redistribute existing money, and as such, may
even reduce the demand on county services like health care, criminal justice
administration and the like. The County has no current data, or study to indicate
this specific project will increase the demand on county scrviccs.Thc City's FTS
will evaluate alis.
M Unlike the other proposals, the Pt. Molate Resort project iilcludes•$300 million of
non-gaming property investment that will gcneratc;millions in annual.possessory
interest taxes collected by the County. Since this is a"first" in tribW projects in
Northern California, vire would hope that the county would first evaluate the
"bal ance sheet'"of county revenues and.costs before concluding that the county
would suffer as a result of the pro jcct. This is in addition to the millions genc;rated
for the (;ity of Richmond, and greater than a hundred million in Living Wage
payroll wid vendor purchases annually over the course of the project.
The project would preserve open spaces, build and maintain the Bay Trail,
accelerate envirc�y,m.ental.re5loiati����� t}l�the Site,-restore the winehaven Historic
Village, and accomplish numerous public policy goals of the City of Richmond,
the US Navy Rase Closure Goals. the LJS Department int"Interior, and the
Guidiville Tribal Govermncnt..
Finally, let me saythat the City of Ric1miond has worked diligently to make sure that-die
county's concerns and that of the citizens of the Bay Area would be addressed.in the
same fashion that tion-lri.bal projeuts W-e vetted. I l�c�pe that the County Board of
Supervisors does not act precipitously without a detailed examination.of all of-the work
that the City has undertaken. We urge you to base your decisions on the upcoming CFQA
revicw, rather than.on unrefercnecd anecdotal cvidcncc.
We think we have found an innovative way to structure the relationship between the
Tribe and local'govermient to provide full review and mitigation,with cnforcerncnt
rights and fciture review rights for changes to the plan. In addition to al.X the ether si.l.ing,
project design, tourism linkages, raid noxi.-gaming components of our project,we think
these,set of agreements mala the project unique enough to consider it separately from the
.rest. We undersUind that the Board has not ful ly reviewed these agreements and it would
be inappropriate :f br you to puss a resolution against this project without such a review.
In summary, Y would ask you to consider a simple modification to your resolution that
would apply it only to-projccts which do not undergo Full C:FQA review, which do not
have en-l'Orceahle mechanisms to implement mitigation plmis, rhich do not provide local,
gig venimen t di screti onry approval authority over the project, quid which do not pi-omote
r
mid increase tourism to the region. We would welcome the County's participation as a
cooperating agency in the Pt. Malate project EIR, helping us to eve Mate a project that Can
achieve these high hurdles. There is an oppo.rtunify to set solne workable creative policy
here, while preserving Contra Costa Cotinty s anility to comment on the project once the
facts are in.
Sincerely,
Irma Anderson
Mayor
04/05/2005 09:48 7074629183 GUIDIVILLE INDIAN RA PAGE 01
;
UI D I V I I.LE
IndjuanRanchena
P.O. 180X 339 •TALMAGEj CA 95431 • PH-so 707/4624682 • FAX: 70714624183
FAX TRANSMITTAL
DATE: Tuesday,,April 05, 2005 41
TIME: 9:54 AM
TO: Superv3isor Gayle U'ilkerna, Chair
Contra Costa Board of Supervisors
FAQ# (925)335-1098
]FROM: Guidiville Band of Pomo Indians
NMSSAGE:
Pease deliver to the Board of Supervisors our comments for today's hearing
and meeting on draft resolution 2005/181
Thanks you!
Signature_.
Copy:
Page I of 14 Pages
If there is a problem in receivmg this F,AX please contact us at 707462,-3692
VT/TO*d 860T SEE SM A�unoo vjso:) ipj�uo:) 80•0T S00Z-S0-8dU
04/05/2005 09:48 7074829183 GUIDIVILLE INDIAN FSA PAGE 02
TY TV ITT
1 V I I
�._ IndianRancheria
Pv()4 B()X 339 TALM AGE,CA 95481 + PH: 7071462-3.682 •FAX: 707/462-9I.83
A,P ri 15 2005 • .
Supervisor Gayle Ujlkema, Chair
Board df Supervisors
Contra Costa County
651 Pinc Streets I l tii Boor .
Yaninez,CA 94553al291 .
. . . , Resolution an Gaming-within Contra Costa County
�unlec� F'rapa��d �'
De&Cbairwommn Ulkema; .
oidiville Band of..pari O 1Ddiazis, l=e �t this
� behalf of the membership of. the G p
corrospondcnee as our coMMMU on your proposed resolution. 2005/181 reSarding new Tribal
Vczxt at L facilities. auft r new tuba! l ars ds wi thin. Contra Costa County. W e .
respectUly roqu est these comments be a acluded=n the public record For the.resolutii on.
Generally our biggest
with-the p p
ro oscd resold u on is that it appears to #1 y i n the face of
good responsible and
counmoln SMSe government-to=gov ent relations, If the county
goven mcnt docs recognize Tribal governments,as so stated in the draft resolution, and respects
'would
the decisions of the City of Richmond govemment, �pprarpriate gov=mcnt diplomic� ,
cntail a forum for oar respective govemrnents to consmaively communicate before the couinty .
take any ac#on on the proposed,resolution. .
In addition to the extensive federal process for restoration of t mated Tribal ids (,please see
our co of testiroon provided to Congressr�=Pombo on his proposed amendments to IGRA.),
copy ,y
the Tribe and the city of Richmond have gone to great lengths to be responsivc to ate'extra
ree dent,settin meet an i sms wb ereb governments, and tbeay various agencies,will bave ample .
p 8 yo
0 orturi� �t .to partici ate in legally �indi-ng m.itiga6on: We encourage �oa too let thesO
Ply
established processes run their course.before reach' ;a pr=atu conclusiori- .
VZ/Z0'd 8602 922 SZ6 fliunoo visoo ejiuoo SO:OT S00Z-50-8dd
04/85/2005 89:48 7074629183 CUIDIVIL.E INDIAN RA PAGE 03
Ajiri l 5,'1005 .
Faget
Absent•a Zovemmenr-to-governm=t ca.ncus and through ex=inabon of the i; ues Of ec►nceM,
the proposed resolution may have an unintimde& d 00te it'fect by creating the perception
. ,
that Contra Costa.County is biased.anarnoti-o0jactive cri iit*Comes to the legal tishts of Trues
and Cities. For examples .the -City:`of'•R6 cklin made s'ey I possible dr-ort to black the
reestablishment of the Aub. Rmkberia' reservation lauds ins '.
.. . .,.. s Of wo►rkinS with,th .T)Iba)
• govcr=ent to address.Iiipe�tivre concerns and objectives. ' In tbe=final ar ysis, tie.blanket
unwavering oppositit ,tai"Auburnn exercising their legal ri hts;* Oaracterized Rocklin as
unreasonable and did the oyir4l credhability of their leSi6mate'e ncems. '
Fremature as .. ,'of this resolution cent serves • seed�message to �► �.
� � �. .� y to the general pucblre, county
staff, the City dr Rkhmoffd' t .Federal authorities, and.tbe-'gibe ftt the:"eomty 1411 not be
objective as them6stab►bsb process,ibove;f6rw� This pre�a�ture"shotga'appr6adh towards
all Indian prgjccts conflkts.I�vjth.federdi law•and is reminiscent of the days when 4sh6at rst and
t Mt
• a questfons later'"w� a�i A*ar�dard p'ractice.. We w,baer if the county wa�uld be so"r&**pitous
in adopd• a ii4�►�`i�ot�'" '•r.•� �s�t y =��",��rt '+ r � �;ti
p ,••,. .J rl� .� �.� . any henefits'as ours if it were led by
not.%46bal*inter" We tlt �nrot.•-f. .• ;•`: :.. �
We undexstai the COu�t 's c+�ncdins rc . 'baa i roi ccs• antd heli e��c we have"' +ve]
� ' p .l a oped
workable ablt ao' t o»vfok then. lbe:Toinf% ib.1esart•is wboU •difftrcnt our the othi*er
casino
proposals in tl�,+ ;� o sty,:v�itb the,Oaft iti :jt ; 'h1• -6xttaordina henelits to Ric�ini�d and the
• Eat Bay, and-; ioyi&,�fo r edo+ cW&*7,Mftig ict�i of innpacts, we believe a canemAs between
the Tribe,•the.Ctt� .•oficlsm�ond.:'and t On Ft. folate LIX address tha p�N� lack of
control due iri RI:t4e ti�e S.statit•is an.V1 a7 zove=r al pity and l•,li ieora war uest
our project�6_exclucfid,ftm pay gene a,;.;mac lutton opposing Tribal Soo r .t gaining. Thenc .
Solutions inclu&.— - '� . .- •• '-
The City RtchiboM has tii a authority to render a saves of di"—i onary decisions to
vpruve or disappxove''th,c project,and to impose+condW6ns••of*rovaj on the project in
accordance with its inde&ie t:N*EPA/CEQArmew.--th. the only proposai iD the
county to submit to full CECT• �r.m
e-*mid lde approvals, and provides the
county*it]s a level of resew and checks and balaces similarlo i or non-t6bal
projem. The agreement provides the City enforce*meat power over CEQA.-driven .
matisation,measures. .
•
• (,,mike the other pMosals in-the couDty,the Point Molate Resort pro*ect will be a world-
Glass destination resort that will,mart new towism and business to the ion. •Thi
project conWns retail stores,restaurants and cafes,a convcntion center,p►erfomsing ants
cc nt+cr,cultural attractions,lo6gin&spas and wW ie oestablish ferry s+eMce between
Iii chrn and and San Fr=6 sets. The single largest coo.tpronc+cnt of t ux proj ect is parks a%d
' Open space romPnsin,g roughly 69%of the toW land,area of-our p osed resavatio'n
VZ/20'd 860T cjCZ SZ6 ftunoo va.soo wiluoO SOT COO�Z'�'
04/05/2005 09:48 7074629188 GUIDIVILLE INDIAN RA PAGE 04
April 15,2005
Page 3 .
1 Viz believe the project will add to the rec�readonaL economic and cultural wealth of
lands, b � 1
the City and the resiox),and as sucli,may actmIly reduce the demand on county Services
like health care,cxi incl justice a!minfstxatinn:'and-the Ince.
• ale COUI has�O Currey#Sped�,G Baia or study to�ndi�#E O.i* dOcific�'�iect WM
county .
increase,the dem -Oxvcbu�tY sen-ices and the MS/El•will bye evaluating this.
• •1
. 1 vern ens am' is n+e ative to the community.
Not every�roa��t that includes tribal ga m � �� .� Y
The Point. slate Resort includes$300 mMiont*f hont min�.invesbt3czits that wi11 .
gazmic millidna in iinnual property taxes(p0,�scssc�ry irate st tires)c61,!ectad by the•
c development i s a"first''in tribal F rets in l;orffi6rneQur�ty. � e the mix•�d.us P �' .. .« .
Caliform we v�oti�d hapAthat the county.would fin.t•evaluate the"balance sheet •of
• 1
ray encs vs costs beforeutottagically concludi that dieountSr mould suffer aa•a result
..
e project. F. .t •Iiluorit•wda be cren6ited for the Oty of:Richwond, alis+great
thin$1.00 million,*44_i:ivitis Wag,pa ll•,ai-,'-�dor'ptrehiaes annually over thecourse
-of the proect. =M.:•.,: «,•.. •,_ ,.ti;..••.• t;ryr ,..•1. ,
1• ,r. i5 •A ti I � i
J OL
• •it%. x'11 �•r� '� ,
•
The me eo�tl iiroitld•enc ar�d er�hai�Ce attc.
gve op era spacm bund and maintaiji i gay
• •' • p .1•• .. » • •
T�ii,accelc ante enviro=crital res�ar�is ri:'I f e site.restore the wsncbaven ki ne .
r ' abn l' ume i'x , ' � �c. 'l a is goals of the Ci of kichmor�d,'IJS
'Vi]IageT a�►d arc tsh.ri ? p Y S ,
NavyUS�� argdoent oflritdI&aI
d� ribc. '•
dditionall Svc would like to tint ou' l iY&O-ibi duals resolution contains leve al.•�•n curacies
y .s ;j�•
and om isslons:'�irst,.-it.lrdplies.�=i the;G�d'�ialle 11and of Dorno Indians is , res oifi m- .
� �!1'
• .
shopping"ands f� ocstmg lxnd'-outside 6 i1 ebur a nal tcrntory. Thivis sump i .. ,o�i g.• The
Traube is seeking torest"'e�dWdem) land bash tiiat was ills ly tenninated and i5,wid..Iia its.legal,
nghts to do so. The ethno, phic studics;curreatly'being�nalizcd to supportthis;�ffa�,w111 .
1
demonstrate that the Mnt—M.olate•i's within the abori,,�in�l territory'of the"Viomo."tecoMly,your
resolution state_ that Blkbuib.obligation to enforce off site nein measures. Generally .
the US Depaftent of Tntexior W'211 not X11,not tale t ie pp i—5 q•s fccr land into trust for the
e Tn*be ens to identi flabxe'itifi ati�ft I i�i�asures identified in the NEPA process.
Tribe unless the �r � .
In our spe iOc situation,the CEQA process vAll also result in enforceable xnitg&a om •Cities imd .
Counties have a better chance of full mitigation if they work cooperatively vvxtb tribal .
govemments ralther tl=appearing inflexible.The draft resoMon omits the fact that the City of
Recisnxond has been granted authority for mitigaiaon through CEQA.
The City of Ricbmontd. Upstream, the'Tribe and numerous Membem of the Riclunond
community worked diligently'to make sure that a me haniarn was established to address
concerns in the same comprehensive fashion that non-tribal pm.itas ve vetted.
17S/b0'd 8602 SEE SZ6 fii.unoo visor vj-zuo:) 6V:0Z S00Z-S0-ddd
84/05/20 09:48 7074525183 GUIDIVILLE INDIAN RA PAGE 05
April 5,2005 .
Page 4
.The History of Tribal governments in this State and their]cgal statin under the United.States .
Conrstitutioa arc as misunderstood as the current fi is'Calxf=ia Tribes have to reestablish,
reservations that were illegally ter z inateed,by the,.federal yomment. Californi a Nafive
v kestuntmidg�ted��Mpails-Arorn the nditt M ive 1artd
�fmeftsari s ha a pion aJ ly borne the: ht. .1: f,.
' rush in California,b bein a alvI6 i•com417 •1 eteiy annihilated(96%5 iu,&.b ftedi ,through qty, .
the =tire state of CsBfoitua m.ex- cfianse.forr�oughly 4.5 trillion acres of.land. "hose treaties
were never honored at thi rc te...fst of the new state of California leaving Califoria Indians
f .
essentially landless in.their-vim country. 'This land rasb contuiu toay and bas a mat affect
on the very limited Tdbil land bases that-have stru cd'to survive fcdcral tornrnination polices.
Certainly, California it large cnougb and great enough for the deacen&nts of the surviv0 ''4%of
our State's orief l i�.iabita,nts,to•share use occupy of a minute fractiot ofthe lands they'once
occupied atl� sQ; en�rousi�i` �a.4p.to make wad for smlemeot. California Txi�c"s'�ind rsta d
P .. ... .
uninspired unilkcral ovUMWA!- al'actinn -dirt negatively a�'ect toTnmunities becausc..t�y have
• hard to endure such acfions smcit tre.fi t contzd with non-natives. We should le fi ogpast
mistakes and endeavor lova dote DO'nstme i,ve, deM. 9overnment-to-9ovc eUt 1 .
cooperation and problem:9 �. ,in d tbat•�se ! s.. respective constituents and the del
publi c aE lar • .
Fortunately ,,'today Tribal.010 ar, 406 111,the, family ofaovs�;cstts irk tYri`s, ation
that bane zig isforegainjuns�d�ci-�on over. r.ofthetx formerly ceded tea tory. S$ould the
Board of Supe°�tsois-choose to put od.,t `'#l�' ' ' 'act prernacurely d unf aieraxlyy. ind not
e t understand or%w ork wi tb ,bat 'ro���ts and the incorporated ci ties wx -Its
seek o
boundaries'-that is c lr#a,in1 thcir, • 'ewep,-�Fr6zi�o�pempective,such actions y Qfyprejudice, sro�c$ighte�es��and� ��eraZ-ir� '�isible goverrirnCn�l policy;.esgein light of
,o
t]Ie t-rernendoua opporL�it�;out si:- stigWsitian and develop�mebt of PoiD�'�V1olatc presents
P po
for the entire re ion
b conclusion we encoura O1e Board of SuP ,
ervisors to forostall the adgptitm of the draf t
resolution-(or at)tet excIde o'nr.pmject:from it), and then sit town t.''3tbJthe Tribe and the City
of Richmond to exp 1 ore the Taro j :inteW l;- More;imp orrab tl ya,tve-yeti rouge the oounty to
art�ici ate in the federal and state roceaes that bxQi odesigned for this a of land .
p p P
acquisition and withhold to dn.S a formal position until county staff hw;bad an oppomnity to
review* the detailed technical studies requiared zmder ft process;gust as it w. ould with any anon- .
tribal project. j nythins Short of t11ai will only serve to d=&Sc the object vc credibibty of the
cowiry and weaken any co=.hats it docs provide dudns the extensive NEPA/CE#QA processes '
that were established under the State and Federal laves that sovem such matter
We would welcome an opportunity to meet With county representatives ov a goveimeotowtov
aovemment basis to explore issues of mutual concern reiadv*to our proposed acquisition of
Point Molate at ally time, I am sure tb o City of Richmond will agree Oat the Tribe is reasonable,
easy to world with,and is interested in win-win seenarios#'ox-the entireregion.
VZ/S0 ad 860T SE£ SZ6 filunoo 2a.soo exuoo 60:01 S00Z-S0-di .
04/05/2005 09:48 7074629183 GUIDIVILLE INDIAN RA PAGE 09
April 5,2005
Page 5 '
Please do not hesitate to eolitact me,or our project coxrtwt,Mchael Derry at 707-4624 682,
sliould you wise to=Nance a time fof our respe tiv ;sgntatives to discuss this matter furtjier.
Rcspectfully,
1'
1 ,
a '
1
Don.a)d Duncan' •ice Chairpexsm.for
Mc�lcne Sanch ;•'Fibal Chairperson . . '
Guuidivil la Band of Pomo:(pdian6•
Co Honorable,Erma d tottoin, City of Richmond
Ho orible riW tbujaci I•'
Tribal Counsel '.:r: • 1 .,..: :•.•: . _.� �= +• ,. 1
nc .. . M .
' •�r ate:p ,., ' 'i
'. ., i •.,.• '1 ti
its
•' ',t • ' ' ' '1• • '
•L 1/'
1.• r �•1•+.a
1
r
a ..1•f r +a '• .
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04/05/2005 09:48 7074629183 GUIDIVILLE INDIAN RA PAGE V
1 I IM
*IDI
' + 1
I.
: 1
• IndianRanche' rfa
• .
• '' ' '•' 1• p.o:BOX 339,o TALMA FG v CA 95481'*PH: 707/404.'6$2,a FAX:707/4624183 , ' ' •'
' • , . , . • .. •• . •• •. • . . 1 . ,
1
Mmh lS;•2005. ;, L • ' • . 1 : . •. - ••• .• ••
T'he moft=ble RiG�d'Forhbo •• - ' . • ' -
1
.. 1
' Office of Kajjvq'�rrj6mi aid bsWar Affairs •� •• .: 1� .•' .• ,, . � .
I46•Ci==IiaiW'Office.'Building • • , . .. • , . ' •
,ww,`` 1 �
• w A D.C.,105 I ''. • • • •• -,• ' , , P.
. . • . 1 " • •, ' •, 1`• •' 1 • '
1
. Xb:T0sdmmi 'on•• oSed*Mimdame't •to the lcdAk
• - ' -•'
'On l�ch�lf'-of a rri ri►b'. •off' tl�e with lle• �:cf, a• o' moans= Yease•-ac t•'t}us . .
.• ti. • • p . . :�•1 1• •, . '. 1
•..• correpoadai=-w oue qny�,on y�aur pr�o�sW.,szd to �i xs W tie.ZEA.- We'r�ap�y ; •'
1
..: • : •. . reguast ttds to odiaa�a y b%iicai&d in the•C ona�. eco doryour.- Iegislatio�n# ' 1
• 1 • .• • -, .. « .,•• .', 1•; • .-In troduct3on , •••-. - ,• ,
. . •'I'writt on behalf of t�Quidivill'e Itai�icheda to conlibesi.o�the MU that u hive .
cirau]ated fcx ca iu t: ppr 'be was pursuant td• C�i�oYnia cheria Act.72' . . '
•• •• ' ' .Stat'69(1958)v' d''t�M -ru urAmt to'• Botts Val1 v. � ••• �• •,I+�o.'C-86.3460 VRW '• •. .
1
• .
09A' al.� i�ed98j.;:A a,�d tribe,•vve4013iftstd aq latfs'iia twist to•ilsuce�u�r, ..,
• reseoidbdWnds'ftt. U1cgatlY ternAinatec .b •U United Ste:;Alit vezY small
. • 1 .,
• •.•• �l°A�a
*.a new res "aft land" e::scek'i's f4 �' sese..Yet,1� se our appli�tion . • .,.•.� '. '.
•� •:•.••:does noNd
•is the i y�y we cin' �y fft lb�•ill•oi . *e,t�1ve- .• • . .
•'�:. , l�OC�S ��►yu ps Osed 8 dpi tg.to !4�':w,tl�. ;C at#; IO .5$S'liflf.�flt:�i 7�,tS t0 the ': •••
.•.
. . •;•, •almidy tl shoed test 'ot'aoq ]aadc t 'tI�' estos�d Und�c cii of seoi4n 20 ,• . ,'
•
(b)(1)(9)(M)*6FthcIhdis6'* (� ',1- yo •ir1 �- �4,ct GR.�:��'be�a�ditionai ba�e�in itr-.1�• '
. •: '''pr s d dmerts's t I ►. ly p yid e;i veto•antho'nRy of d Sr'att'and,polidmi '•.-' ' ; • '.
. - ' • ;''• •'' tvm of dw.ifttv as well a other hboriag'�tr`bes:.It jS our.belie ►t:thy is
. •. exely high t�hree�old'foc�'rttbes tb:meet for r e 'fo�t' ages'amd • ' •' '
1 1
tie c arird b$llaace ' , 'dObyIGRA&ed`o bdiss `f�e'ta briYst ' ' atio
1
17Z/Z0'd •860T SE! SM Awnoo � i sod vjiuoi 0S:0 Z S00Z-S0-?add
04/05/2005 89:48 7074629183 CUIDIVII I INDIAN RA PAGE 88
• 1
r •
• The Honmblc Richard P6mbo .. •. .
o►rnttea on Resources . '',r ' '• ,. .
' 'uJajeh 15,2005 " ' .• ' . ' • •. ' . . . ,j
' •' Page 2• ••'• ' ' • . ' • • ' ' • • . ; •, ' . '_• ' '� '. .. •
.,1
. .'We•further assert#t codi�catz1.on : �. g 0 .40%1Y
., P
.and le rclatto�as The
..
r'• '
. . . ._ i'1 titutC a ewres ry ail.:' ' 'is bind tly`Q]f2 ,
r' .
.. S hing fof a 'f+" r•• , r y ♦ • .
•' /• .•* •• �� As such Ow Tribe io ncac� etvamon i�n an' h•land to d vetap g •. g .
' tr fold crib'• latdind* Aelm td w6 rk With•ted uOld co�aartu ity su rf
with the h,� tield � ty Mata Federal'fidI`t/"6 �b�cct�vc oto:the,overallro3 ect
. ... : ';r'• : . . re' moons-too` ott''•the v�iblico�1 keralgu `p 1 , • ,
• ' . . moans and thAW- 0-i
FV I. ' •• r ' . '`- .' . . .
.r
• ', +� � � .• . 'mow•....».• •-. •• • .. • '
VO ��
. .Good ' ant���'au�or� on of a= � r • . .
.; �,�_�, ..� �� ���::�� i-; �atwi as M�0=dadan pad*that 1;�s'rMcgly amadc .
appy' . ,.
e
•.. i� .�„� •¢�� • ,� r�r.'�Qi.�elttnce' 'a ats zorox�'effart�s .
• • .. •� � ~ • ,,.y� � p • , , •/-fir ■ •' •,� • -■ '
. • ", '`` a' '• •d C 111st0 afonaiand ms whic)i �C wto ' ,. • .
r • .
• iodum a , v �3 i�ni pat b) .
t. d ..
� ' the in�� •y '� ':: •. ,
you st pi d lQt be s •�o earn .,
1
" .� ..' td�$heti�>d f`seenon'
Sin Z� + � � - r
Memo j tQ�•. '
5 1 the date that,IGRA20(a) t . .' .
' . .
17 '1�S�. l` i' seio►as`• by ti ."t of
.. •tenor a�)ndt salon( _'asrst gdc th . , •. '.
' •.Cdw tis. we 'fie t> suc s#�s . Procedural +dellt�aes �used by ft• .
ttV� •Y 1 '
•CO1gai •'�' "'AG atm '..ad the l�;tiiiiw.int t•S of• ,n�� ;"..
• • ' • ublic• d Qthar,' 'i�[oreeovzr,the Vrheels'of thacs end c�
• • ' e�mel Iow dui` d a#ed•#o biO jibes-are very . ..
low pnmtyf6r ant,The body 05M
lawniikin'=ustjust be vu
We I
10
Its
. . . , , .' .• '' ?' •' .•, ,, '.• - . .�s�f 3�ar v�h•the restated
' ' • • �.�s'a xa*tored `b .tb tdtv�llees�$has-b � . . . . -
••'. 'Zaa�.mac txQa act Soi*Ya:s ibs ��(b)�l 0)(iii}, 'Restoxca'tnbcs an probably landless
• , • ' •• ;
Id to
' :because"th'" laid-its' • ' he•to�tn1w M=b at thc;t • . . :'. .• • • .
• . . 'ucm-k ds" •orbdth: AA oaf the'land Rat was dist ibuW to rrtene'! 'Wm p robably'logt'• . ,' :• ' '
• . .', :' ;
]Woo` _Saler,cjtjm this ii''arizat peened to the Gudi�ti*Raochaie,fallawm its : ,' ' ;" •.' .,.
• ,'• , . ,<. •' , + • ".• ' 1 •'' •. . , . .it
17Z/80'd 860T S££ SZ6 Hj unoo lelsoo �ejl uoD 0S:0T S00Z-S0-�
Q4/0512005 MO 7074629183 GUIDIVILLE INDIAN ISA PAGE 09
•
Thi Ho=rAble Rioh=d Pombo.,
•committee on Resources .
• ,March l5,2005..'
• Fie I •' ' �� �• �• � � ' � •� '
• ,
red tri will deed to have'laa s acgukrod m taus
' ' ' . • tri 6rdat to a ie in- $;'a .
•'it the S tacy u�a►dex seed ori 5 ofCyR Under
SM a va I •-•: ,'w
.
the Parr 15 1 few ., •.; ,
• , . • .. , •, .,• . 1 , � • ..
the
Ar s for the tau . • ' '
• `' its o r ► the land framlbe, ,
•;• - .the the:state aod.local.� ►re ►
:C • .
C6rjL § 10(e));snd
• ' ' : � 1 OfS u�5�t�'18t ,
Mii Wat.(25 WL
at is I
loop a
J0 r I MLI
'' • •• �, r C l uS��SQ:.CrC�Si tie fstido rAZZI-1.r4"tio4f aroff mustsubmit'a blin
tnbe,s t, MA.b�c� 15 2.Y 1 (c)• 6. fid. e11t, .0a.=� �i� Y
wift
W d bk. -9.
L IM ion over the 1wid pmosq
Qvdr
LA
•:' aacgt�isition re eiYe „W of th4 pt? IPO .� ll .
• '•ti• ,' eats to the x A.' AEX 4:� 10thcysre � ,ty .;., T' ., . 't.. •
iince wvi •ts also xe�,uje
-Zvm Cr
, .
Coinpl , . %�. . , cedttres Ac e
MOM
be oitd to
. . . '• .._ . • •. '•3 ac
r .S.C. §-7069. : � 1 ..
abuse ofd:s r . •
.. t•• the land ua it to q r
• '' 'fie f •nO r e trtbe.t0, 10�V liSt�0110 t1 ..
•. on.�• to sitzon of
• •• to • thsi has•be i rester to'fsd�al,rem �,♦ '
' •:as ls��restoredto. • ,, . . . . •,i�vstv- 'lauds dee..• • . •
• red tribe use the 16.U� odcm ofby a x�tokcb.' ' u ..2d �'v :19$ .S .. : 2002 ,.d �� •d .L1 �. TSP .. � . ,•. Ggabdaged.
• tit •' 6$ tri. -1999);��d
• ' 'us1 ' 'v. b' 1.16 F- �upP.2d
• vi to that had beet dtsbau+�ad' .
' . • .2Q • Coy' ess 1tlt ed topmvit 'same 9=98 ofd kr .
•' • ''• • �� ' ' tes a re t '►'to;tt:T�`be of a land baso,,
' those*at had. ' :of lox . o . .
• .,. ..: •- br. cares the. of• ,
BAMUe•' I '• 91 F. 13a,.16� 1d • • .
. ' D ei ;2001, `Ds the 5900 ke Salldtar-Tn" '' . •
• • • a nexus:(Alk. o . .'sr� '• .
Affi■ •� �SdAp • V r � �•COieated T Me '0 •,
LDwerUw Ak.SiikaiWlndi5u��.... C usis.
. • •
:'All tnist,laad- a guis�t�ons-*for. a .handless tn'6e by
17Z/60•d 860T SEE SZ6 fi�uno j v,�soo v jwoo TS:OT S00Z-S0-8dd
04/05/2005 09:48 7074629183 GUIDIVILLE INDIAN RA PAGE 18
?he Hon=b1q Ijebard Pmbo
Committee on Rkswcas
Much 16,2005, ' ' ; • ' . .
' PaS64..o
.
�testpiced+♦(see.rho.A, t 1201letter fro=m ev'tn K W�hb�whaber land qualifies as .
.N71(3c 006'd•Cou�el�sud G Hilliiiiillll �� �' the�V -�sstactcz of � : • .
. dcj=reW the Sn • 2 602
' iji"
oc • � •2003'decision of theoftheSGC • ,
•.
e
. ' '. x' be of the Chico .a teriey,,'a d•the S.eptembcr 10, .
. •• � re�a�•dmg the� ,•• .. .:.. •. . . .
• 2004 Vision of the M.-j*di :die Wyandottee lnttxtor and G�apinzon .
.. , Both pro.
•'are OaYlable$t' �!' vdt S==Uk�d 2i%�
e Ards�a ♦• 'rr+ standards'prevert'the abuse of#fie lacceptio�des#r to avow;•
f
•• ' ves�f c tended benefi 'ofixibal go `' ehtat gaznia$'under
restos tn�es "�h�1 • . ., ,• . . '
41
103
• .. 5i la j�,'ptoce .0 ' a�� a '`a d substand' 9 stau mb + ,ft
o: .Ze''' �cc tiari 2Q � �}�generall , .
' the 01=excepbo s r � ,�Mq
i ai by 0!Sato n 2L ���t�or '
• , r; . best interest of1he Tribe dot .
• (6ecr�t�•y�•a�a� ning • •. . '�o bS , .,h. ..' .� I � •
7 .* • • ti. 8 two d V'' ', don,th ~
detriment # , , • S , tY •r :
• av'th.state add local �t�rcll as affidalz fwi#other nr�'b�lxidie� • .
St /•. r .► .. z•
1f the'' ear ''a. v tab dr���or.the tn" ,'.tire o wcxc c ohhe
'' '• efora 1 ,b'th Sec=tsry oft b6alf0%4 Tilbe
governor'�s21
• tribe iself evident•fttie]pcal:�b�tt�ty^ • r;
• dace rias s rt s l�egtton •, e d far u ;t Cove to 39
wi sefi�se to ,
• 1, �. .. 4 .
e� d coutts,bave•dclaedht acrd
concur� '� t
r 'si�rsln the ov�rn .Y lbat a•goverm rine a1 dotdo gut�aason� f cion.( M c6ik OrGil .�gd . .
'8 e s . tete 367 .3d 650;'666 aid.662'(7th Car/ 2004)y,(tie gov=Or
r •
.v��I ' ' d ri u:�'tC'section 20
. ore sse;st frozn'. S��to�o�acur inP 41b ; ' .
1 •1 Man&m. • '$41 14 �*,1486(D.C.(b)( .
. F.3d X558,697(91ftC ;ioomoraridenied 22Oce •a�uoed.o�r cr •
. U.S.•1027(1997)(by 4m$•na :' _ -Awns
savoxablc
4d6tezminatian under s on Z0�}(l SCA stens to bc.very little is ce-tbat
' e imposed on u�s�rilling corona ides under'this exertion.hd ,`only.three�'rt`bes neje• ' _ ' .
po .. . •:. ,
'_ • • c te+d ' •L 'o- art aet foAflon in• sixxteen_y,e i nary of Cx�A►. . • , .
• ' . .'.Other ma b Man tibos am also eonsul�ed as part of 0 tvvdo..ps►t deterMj � • . , . • . , . .
•
• ' WOM.fm.M otherPrrocess. Alth=6'10 A dace Wt paratec;t' •ibes fr�am • , _ .
.waw be 'at*fok 1"t�ar iaE cos�sder, �evideace;�at:'t�p�r��ased nr�r , •'. , .•:
.will eve a deva tattng iMpa�t aft ceisting gminS a0p�radOns.: most,the int .is of
. ,
. ' .incumbpt gaming balm in a'spmif c n=]&t ata Cad
'also b� tectacd ceder tie t`�vo-p�xt..
• .dtin process. '
VT/0Z•d 860T SEE SZ6 F'il.uno� v1soo viluoO TG:0Z S00Z-S0-WU
70746291 3 GUIDIVIHE INDIAN RA PAGE 11
04/05/2005 09•.48
,
1
1 1 • ,
. ' The Honorable Richard PombaCo I
..'.. . . •• .
1
Marrh
•15,206 .
1
' ' ' ' so itan lc�nwed with substantive '
• '•• • 'The exc ' ns'un�r section�0(b l P . '
• • r
sundw* pro1 ' Won..- =-depi iOn for
• - 20, � �p '�tt3 3n L�6 fog af%• •
.claims:tusder seas on -' 4
. c bs�auoursuS.C.j 177 is usiWlyleAano settlin the lod , ti�At'lat�d • , , , ,
'�+ e r ail Q #lYe land clamed by the,
settled• 'Anal of the&venation of sow o
by t .
•' •ar v4ua�l`"•gyri• ts.-T-be 2e�iki&*process provid axe.
' �' be in s�xc xtgo for eta,money,
• •• be•h 'lui�* the t cla avant to
ty '
•• oPPoa�tur'Y �+or ter _ •r�, . .., .• e• .
• nu vAtt have the oppottu t r to cor d ;v�rbefiher and'why. '.
• and tithe!'nearby . � ' . .
•' ; t#ta is ed fox'Cor ..s to t 1egslaClOn
' vd1l bo ; , r �ttd i tie sbst e� s , .
.for evdryme't6 to lxeafd an d icor allpro
vides a full 'fan' • '
f •
•• f•• '' I.'•a �e j;p % {.:+»•1• , : .. I• '1=x•1
'
Tfibisr-t=d
y�te= d-b jbe a to r-p ,int to ' . . ::.. .
in Sion
UCWI
zed
senewly: •'• ,1 ~ ` he 'wIrmu of i I�►te�zor p to.
tribe•x611 �vcib have 'u*d'iv s
'�.90 Q. ` •11 i i i• .•f ' , • ,�'` Y in M■■1i�, ' awl
' 1 51.'•If • necessfully 1 • y
section 5 of 1 'dr.�lo the
• -stop IS f�ithe S '"Ssu=op of-4 pio!cl�ma�0A tfir g recoph � . ': . � . 'oil
Is
. :C t2ts�tton '1s'amireland to be.a r sere rte -
• ?�ucna�Qn '••. Iffy t#ie an 'Ii l dy ers►(b 8MZ . ou these twds tM-w tt su t Of the
. • ''' �i�s `0tlal TCS=v==
.Secret 9' On proct •1 .
ate
dated 1 •, oct
• Vir=W0. of# � the a uizts :
, ', •,4 wW , .•i • + 4' + ' • 1
• ora3 �n� (�`I�uranatavir�t�aro� ;ra► Idwr -• 1 . .
.. ,regCIVattan fO�c •� 1 'r . ' . • • 1 •/ . / .1 1■
• • ' 1 tuxes a dibo to shoe khat it hes bsstafiC sed cx�pC��apor
, •' , �is tnor�,Ian y� � ..
.
• the infial re9=ftd=ofa• o •wed tribe. See
lid before i •�nd'as • �•�
ihe H=n P6
• ' ' ' tion of that iaitd as initial
. The: for the ae m, . ' . .
•the Stere and iI�1'Acted 1Qcca�,�o .t(S}shd lam'owI1ava�1•�ppoz'tu�11t1.
• • • ; Stan p ', •. • ,
. . T' �n��r also u that.the 86bi-bzve' w�iorxc•b es to the d m order for it to b+,s •' • . 1
deel as 1at .` . . •e' + i S• '' deClslot'!•�s'1'evxe�vVable it ft federar, ..
courts idet the APA,, '�&S P'� , e � - .• th roc 1 ••
. •. safegcat+d�11a►a n 0AUnities four .••, • ., ,.•• ••' • ..' . .• ,. • : • . ••' , ..
.•• ,' ' ' . .1 . ' cidat1.C'four0xCeptiong� ����ih Of cow,chis IJP$�.�g•ori 34Yl � ' '
State' xn osition�a rqu pi'o�isis tea#address - -
• • ovexned by a trio a compftt.The S is P •1 . .
' • ' '• cam• 'ceding Yet 1ay+er substaaat;yc' .• '1
. ••the 1 mate.concern$of low govcrntn
•. • , .. . ' .1
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7074629183 GUIDIVIH E INDIAN RA PAGE 13
'fixe fjonorabte Richard P=bo '• • • - • . . • .
1
Cottee on ResouNes
S,2005
=44i)the kidiam
e do not uodew d p t, ..
• . ' :t � w.s�' C .�(e�C2 )C ins it • .
t Zones ': . ' .�
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b .a�taf tto choose=othez �be a •� '
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the manag 1
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will not be willmg $ i .•. , t: /
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r .
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iiea.xeaso 1a limit
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1
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o ' of c t y,to Mier. see, .
Sizes and cb �r _
1 • , , . .,. • • . 1. ■ • 1�-r '' id bn`be•should be iyamM' -co oVirer over
. • not mutate txi�m bon frorc►1nbs, r,
. . because•� •dera ► eon to
• � . , . �.
•:•• =fie diwelo�m�t e�ads er tri 1 ' • � ,
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. . . . - • o�man i�subj�to P � � Aa��
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$fig� ' . .• �to ctan�tuet
• '''1f-A!a - cbLtse of the s of 04ifyig.for the•n substa Lave s txt .
7.x,19$$:' We d&-not
think that the is a
•' e ti - ,. ora hada ulx af�er'October X, 1 '..• .
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• - .e' 'tip and tribe may
• . . d• ussi�i �d�•seC�on2�.. �o�►e'aan� '.
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.. .. mit mai not be the otse they dcs�re.,.b '
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Ak�d . � . • f 1
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' ealrn,retrox�ai anai�s dif thin 1 ■
ttrted
ween and vi es fdr bilances to n ant s .
• ' » and i Ian a� tston 1
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APR-05-2005 08:30 Contra Costa County 925 335 1098 P 01/02
sir. ear
o(4f � `
Point Mplate LLC �.
April 4.,2005
BY FAX to(925)335-1098 APR 5 2005
SUPervisor Gayle lXdk*M Char
Board of Supervisors
AM1 Cm4a M. SUPERVISOR GAYLE B---L.._K
-- C*unty CONTRA COS COUN '111A
6 5 1 IN=street, I I th floor
Marti DAWal,CA 94553-1291
RE: ProWsed Resolution
within Comm Costa County
Dar Chairwoman Uflkma:
I Urge yoU to consider the unique facts about the Point folate Resort propoW, which
includes a tribal, casino as a small portion of the development, before the Board adopts the
pt epos d resoludon against all tdbel gaming proposals in Contra Costa CourAy. We beReve
the County's adoption of a resohdon*a would apply to the Point Mom R=ort proposal
when the objective is just now being g flat-ofmits-kind city-led
amort Envkonmental would sand a &Oak e that the County made up its mind about
impmunt project without=01"vino or reviewing the facts,
w'e a precaatc the County's concam over tribal projects. We believe that we have
developed workable solutions for them. The Point Molate Resort act is whoUy dix"D
-0 Pq-F 4 -a&-
from the odw casino,proposals sall—Ist in the County,with the potential to bring w aordm- ary bmefits
to Pj owmA aw4A the EM ]Bay, and provide for alfoMable Wifiptiol, of all
believe agr eats betwc= the City of Richmond, Upstmm PoiAt Molate LLC and the
Guidiville Bond of Pomo Indite (Tribe) address the concerns of the County sand are
responsive to the policies adoped by CSAC. They should be evaluMed in detail by this County
before your consi lamdon of any resolu6on that addresses the Poijat Mohft project. 'These
include.
1 The City of Richmond has the authority to render a series of discredoaary decisions to
I W" 2-ft
approve or dimp-Prove the project and to impose conditions of Oval on the project
in accordimce with the City's indepcmdent CEQA review. This is the only Pro►�oDal in
the county to submit to fWl CEQA review and local approval,% provides the county
with a level of review and checks and balances similar to major non-tribal projects.
Ile a provides the City enforcement power over all required mW
measures including the adoption of Cousemation F,t3eznentstoproms theopenspaces
and shoreline on the site.
2. Unlike other proposals in the county, the Point folate Resort project will be a world-
class de resort that will attract new touri= and business to die region. The
(510)10" i (707)133-9"
IM row sftvk ill Fpwr FA).N4x 71
Eaffiryv"CA 94M Naps.CA I "S3P4*71
APR-05-2005 08:30 Contra Costa County 925 335 1098 P.02/02
pro, CCA contains reftfl stores, re tauurants and cafes, a convention cel, a pmforming
arts cwft and re-establishes f M savice bdween RichMond and San Francisco, We
beH ave the project will to the wealth of the City and the region, and N such, may
reduce 0 0 Mi
even the &nmd on couoy services Uke health cwe, a4me justice
admi "itri-tion and the like. The County has no current date, or "y to indicate this
specific Project will the dcMMW on county servion. The City"s EIR will
evalulft
3. Un-11the Other 40MI , the Point Molate Resort Project includes $300 m' 'on of
-.&---M&M
non-up-
Havqtv property investment will generate &%a'21A
ate millions in M
int«-lip N't
VA t 9 colleeted by the County. -Si=c dli3 is a"&Sr in tribal projects
in North em Cal A' wewould hope that the aomty would fag evaluate the"t s►nce
shwC"of cowty revenues and costs before concluding that the county would suffer as a
result of the project. This is in motion to the Millions — eratcd for the City of
Richmond, mW more $100 Million in Living W&V payroll vendor purchases
a=uBuy.
4. The project will rVe open —spaces, build and maintain the Bay T=119 aoceleratn
+environ=nental res don of the site, the Nati%W Ro&a Vinehoven ffimric
Vil*e and acca pxish numerous public policy goals of the City of Ricbmond.
Addid ly, I belim that &e draft resolution" cozn�
sevcal acies and
omissions. implies "reservatione # Is
First,it the Guidiville Band of Pomo Indians is sluWinf
and raaiuestzng land outside of its aboriffinalterntory. This is simply wrong, The eftographic
��ed.1"[A VISM&M Vi i=jently undaway COXFM to be 'W"T ma 60 days,will show that the site
.A.-Od I --
is within the aborigind doxy of the Tribe. Secondly,the draft resoludon sales that BIA has
is q
no obligation to cc off-sift Mit-4w,I t- n nift=s, but onfits the fact that the City of
Ri c►ad gride WJLa+Y
The CRY of Ric)imond, Upstz=m-, die Tribe and nunurous membacs of the Richmond
miumunity have worked diligently to address the County's c - in the sate
Aw�� �l
MYC on that nonot6bal private dvelopment acts me veMd. I Al�rAY
hope ithat I.the County Board of Supervisors will not act pre pftmWy without a detailed
CXAMM"Maon of all of the work dw the City and Tribe have undertaken. We urge you to base
you- 404,10ons ��-1 t--..&-
on the upcoming CEQA review,, rather than on unm Wuu%,vu, unsum=ntiated
anecd- evidence. We understand that the County has said it will get into the deWls of the
Point Molaw project aft they pass rewlution banning all tribal projem in the County.
We believe that backward process c*mpleftly undermines credibility in the resolution.
Yours very truly,
J D L
I&,vine
TOTAL P.02
A-
THE
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
PASSED by the following vote of the Board of Supervisors on this fifth day of April 2005
AYES: SUPERVISORS GIOIA, PIEPHO, I hereby certify that this is a true and correct
DESAULNIER AND UILKEMA copy of an action taken and entered on the
NOES: minutes of the Board of Supervisors on the
date shown.
ATTESTED: 0 15rl Do o
ABSENT: SUPERVISOR GLOVER
JOHN SWEETEN,—clerk of the Board
ABSTAIN: of Supervisors and county Administrator
By-'- Deputy.
-I T
RESOLUTION NO. 2005/181
Subject: Indian Gaming in Contra Costa County
WHEREAS,Contra Costa County is supportive of California Native Americans' right to exercise
control over their tribal lands and recognizes and respects the tribal right of self-governance to
provide for the welfare of tribal members and to preserve traditional tribal culture and heritage;
WHEREAS, Contra Costa County also has a legal responsibility to provide for the health,, safety,
environment, infrastructure,, and general welfare of its residents;
WHEREAS, casino-style gambling on Indian lands was authorized by the voters through the
passage of Proposition I A in March 2000 with the assurance that tribal gaming operations would be
limited to existing Indian reservations, none of which were then in densely populated urbanized
areas;
WHEREAS,the people of the State of California and of Contra Costa County have expressed their
desire to curtail the expansion of casinos and gambling in the State of California by overwhelmingly
rejecting in November 2004 two statewide initiatives to expand Nevada style gambling to non-tribal
lands and permit unlimited numbers of slot machines on tribal lands;
WHEREAS,the federal government,through the Bureau of Indian Affairs,has the authority to take
land into trust for Indian reservations anywhere in California and under certain conditions to
authorize Indian gaming and in doing so, has no obligation to ensure mitigation of off-reservation
impacts of the reservation or casino-
9
WHEREAS, Contra Costa County supports the California State Association of Counties' Policy
Documents regarding Development on Indian Lands and Compact Negotiations for Indian Gaming,
including opposition to the practice known as "reservation shopping" where a tribe seeks to place
land into trust outside its aboriginal territory over the obj ection of the county;
WHEREAS, there has been no objective determination as to whether any of these tribes has a
significant historic connection to Contra Costa County;
WHEREAS, there is already one Indian casino in the densely populated urban area of western
Contra Costa County, with two other tribes seeking to put land into trust and operate casinos, all
within 8 miles of each other;
WHEREAS,numerous studies and actual experience of other communities have shown that Tribal
casino operations have caused extensive off-reservation impacts, such as increased traffic
congestion, noise, air and water pollution and water supply demands, as well as increased law
enforcement and public safety burdens, and additional social and health impacts on surrounding
communities, costing local governments hundreds of millions of dollars annually;
THEREFORE,BE IT RESOLVED,that the Contra Costa County Board of Supervisors opposes
the creation or expansion of any further Indian gaming casinos within Contra Costa County,,an urban
county, as well as the establishment of reservations on which there could be gaming operations;
BE IT FURTHER RESOLVED,that the Contra Costa County Board of Supervisors authorizes and
directs its staff to take and support any and all administrative,, legal or legislative actions in
furtherance of this position.
RESOLUTION NO. 2005/181