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HomeMy WebLinkAboutResolution 2003-220 N.C.S. 11/03/20034 Resolution No.2003-220N.C.S. of the City of Petaluma, California A RESOLUTION OF THE PETALUMA CITY COUNCIL SUPPORTING REVISIONS [HR 2656/51342] IN FEDERAL LEGISLATIVE REQUIREMENTS RELATED TO GAMING PROPOSALS AND ASSOCIATED MAJOR TRIBAL ENTERPRISES PROPOSED BY THE FEDERATED INDIANS OF THE GRATON RANCHERIA WHEREAS, the Petaluma City Council respects the rights of Native Americans to establish and have recognized tribal sovereignty, and to secure lands under their jurisdiction; and, WHEREAS, under the existing federal legislative requirements, there is no provision for coordination of gaming proposals or associated major tribal enterprises with established and approved off-reservation local or regional planning law and General Plans in any timely and meaningful way; and, WHEREAS, developments of great magnitude are being proposed which are dependent upon local and regional public infrastructure, including highways, streets, transit systems, water, wastewater and energy systems atld resources, affordable housing, and emergency services, both built and yet to be built; and, WHEREAS, without appropriate mitigation, the developments proposed are very likely to have substantial negative impacts and place substantial burdens on the public infrastructure with a substantial burden falling upon existing and future taxpayers, residents, visitors and businesses; and, WHEREAS, with the rapid construction of tribal gaming facilities, local governments are experiencing serious, adverse impacts related to off-reservation economic, environmental, health and safety issues; and, WHEREAS, the current conditions placed on Indian gaming to achieve and preserve the environmental, public safety, and public health objectives of both state and local govenunent have been insufficient to prevent such adverse impacts; and, WHEREAS, when California voters approved Proposition lA (Indian Gaming) in March of 2000 as a means of supporting the laudable goal of Indian economic development and self- sufficiency, they were not aware that such approval would allow Nevada developers to seize prized off-reservation environmental resources for intense development without regard to locally approved general plans or any meaningful environmental review or protection; and, WHEREAS, under the provisions of Proposition lA and the Tribal-State Compact, local communities have not been granted effective input into the development of proposed tribal Resolution No. 2003-220 N.C.S. casinos that threaten their rights and the State appears to have no effective redress for significant environmental impacts these gambling casinos impose on local communities; and, WHEREAS, on February 6, 2003, the California State Association of Counties has adopted a policy document that includes seven principles of critical concern to counties, including a principle that tribes and local governments enter into binding and enforceable local agreements for the mitigation of off-reservation impacts that arise from a local gaming project; and, WHEREAS, approximately 360 acres of prime agricultural lands west of Rohnert Park. are presently in imminent danger of being withdrawn from County land use control and placed into trust for the purposes of casino development -including an extensive gaming complex, with a 300 room hotel, spas, restaurants, a 2000 seat entertainment venue, parking and other .support services, by Station Casinos, a Las Vegas-based developer and the Federated Indians of the Craton Rancheria (Craton Tribe); and, WHEREAS, Station Casino and the Craton Tribe's gaming proposal will have substantial negative impacts upon the federal. highway system (US Highway 101), upon which it is dependent for bringing its customers into and out of the region; on local and regional roads; to the Santa Rosa Plain groundwater aquifer, to water quality, along with unknown local and regional fiscal impacts; and, WHEREAS, the proposed Craton Tribe casino site is proposed on property whose zoning is inconsistent with the Sonoma County General Plan (on prime agricultural land, in the community separators and outside Rohnert Park's Urban Growth Boundary), within the Laguna de Santa Rosa's flood plain and within critical wetland habitat for several federally endangered species; and, WHEREAS, the proposed Craton Tribe casino proposal is not subject to a thorough CEQA-like process that identifies fiscal and environmental impacts then to be mitigated by the Craton Tribe, nor is administrative consideration by the Department of the Interior required to determine if the use of this land, sought for gaming, will have significant detrimental impacts on the neighboring communities which outweigh the benefits to the tribe; and, WHEREAS, the Craton Tribe was restored in 2000 based, in part, on its promise not to engage in Indian casino gaming. NOW, THEREFORE, BE IT RESOLVED that the Petaluma City Council strongly supports the revisions in federal legislation [HR 2656/51.342] introduced by Representative Woolsey and Senator Feinstein. The Petaluma City Council also urges all members of the Senate and House of Representatives to support these important statutory changes and immediately move for their passage. BE IT FURTHER RESOLVED that the Petaluma City Council supports the California State Association of Counties policy document regarding compact negotiations for Indian Gaming; and requests that the Craton Tribe follow the principles contained therein. Resolution No. 2003-220 N.C.S. Page 2 BE IT FURTHER RESOLVEL) that the Petaluma City Council, based on the information currently available, strongly opposes the creation of a gambling casino resort on any site that is inconsistent with the local land use planning and zoning policies. BE IT FURTHER RESOLVED that the Petaluma City Council calls on the Board of Supervisors of the County of Sonoma, in all negotiations with the Tribe concerning creation of a gambling casino resort, to safeguard the vital and legitimate interests of all Sonoma. County citizens by requiring that the following minimum standards be included in a binding, legally- enforceable Memorandum of Understanding with the Tribe: The proposed casino/resort project must be subject, at a minimum, to the same level of environmental review as would be required by the pending federal legislation; and 2. The proposed casino/resort project must be subject to the principles of the California state Association of Counties policy document regarding compact negotiations for Indian Gaming; and 3. Even though the pending federal legislation does not require environmental mitigation, in order to ensure that the citizens of Sonoma County do not bear the costs associated with the impacts of the casino/resort, the Tribe must agree to mitigate, and must in fact mitigate, all envirommental impacts caused by its project; and 4. In order to prevent Sonoma County cities from having land within their jurisdiction exempted from local land use control by reason of future acquisition by the Graton Tribe, the Tribe must agree that it will take NO OTHER LAND anywhere in Sonoma County or in any adjacent county into tribal trust NOW OR IN THE FUTURE. The proposed casino/resort project must be subject, at a minimum, to the same level of public safety review and enforcement as would a private developer. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the~~ity of Petaluma at a (Regular) (Adjourned) (Special)3meeting o on the .........3 ............... day of ........November..........................., 20..~~..., by the following voter ••••• •••• ••••••••••••••• ••••••••• City Attorney AYES: Canevaro, Mayor Glass, Harris, Healy, Moynihan, Vice Mayor O'Brien, Torliatt NOES: None ABSENT: Non P ~ ATTEST: .........................................I................................................. ... ... .....~. ................................................. City Clerk ayor Council File .. .. Res. No. .......Z~~~:Z~.~.......N.CS.