HomeMy WebLinkAboutStaff Report 3.E 07/06/2009CITY OF PETALUMA, CALIFORNIA
AGENDA BILL
Agenda Title: Discussion and Possible Action to Adopt Resolution of
Support for AB 1443- Ganging Compacts: Local Support (Huffinan)
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July 6, 2009
Meeting Date: July 6, 2009
Meeting Time: 7:00 PM
Category: ❑ Presentation ❑ Appointments ® Consent ❑ Public Hearing ❑ Unfinished Business ❑ New Business
Department: Director:
City Manager John C. Brown
Total Cost of Proposal or Proicet: n/a
Amount Budgeted:
Contact Person: Phone Number:
John C. Brown 778-4345
Name of Fund: n/a
Account Number:
Current Fund Balance:
Recommendation: It is recommended that the City Council take the following action: Adopt Resolution of
Support for AB 1443 -Gaming Compacts: Local Support.
1. ❑ First reading of Ordinance approved unanimously, or with unanimous vote to allow posting prior to second reading
2. ❑ First reading of Ordinance approved without unanimous vote: Ordinance has been published/posted prior to second
reading; see Attachment
3. ❑ Other action requiring special notice: Notice has been given, see Attachment
Summary Statement:
State Assemblyman Jared Huffman has authored a bill, AB 1443, that provides protection to both residents and
governments of host communities for proposed Indian casinos. Casinos can create issues for California
communities, many of which are addressed on the local level, yet there is no formal process for allowing the
residents of a host community to voice an opinion at the local level. Local governments have frequently been
unable to secure agreements with tribes to mitigate casino -related issues. AB 1443 promises to give communities
a voice in the gambling compact process by providing guidelines for the Governor to follow in negotiating tribal
gaming compacts, and allowing input from both citizens and local govenu-rents to encourage meaningful
mitigation agreements.
Attachments to Agenda Packet Item:
1. Resolution
Revi wed by Finance Director:
a .
t Rev. # [. Date Last Revised:
Reviewed by City Attorney
Date: 0
File:
Approved by Citv Manager:
Date:
RESOLUTION IN SUPPORT OF AB 1443 - GAMING COMPACTS
WHEREAS, the federal Indian Gaming Regulatory Act of 1988 (IGRA) authorizes
federally recognized Indian tribes to conduct class III gaining on Indian lands within the tribe's
jurisdiction, to the extent those games are permitted by state law, and pursuant to a gaming
compact negotiated between a tribe and the state; and
WHEREAS, the federal Indian Gaming Regulatory Act provides for the negotiation and
execution of tribal -state gaming compacts for the purpose of authorizing certain types of gaming
on hldian lands within a state; and
WHEREAS, the California Constitution authorizes the Governor to negotiate and
conclude such compacts, subject to ratification by the Legislature; and
WHEREAS, an increasing number of Indian tribes are seeking to take new land into trust
for purposes of conducting class III gaming activities pursuant to the provisions of IGRA, often
in urban areas; and
WHEREAS, in May 2005, Governor Arnold Schwarzenegger issued a
proclamation that he would (1) oppose proposals for the federal acquisition of lands within any
urbanized area where the lands sought to be acquired in trust are to be used to conduct or
facilitate gaming activities; (2) decline to engage in negotiations for tribal -state gaining compacts
where the Indian tribe does not have Indian lands eligible for class Ill. gaming; (3) consider
requests for gubernatorial concurrence to allow a tribe to conduct class III gaming on newly
acquired land only when (A) the land that is sought for class III gaming is not within any
urbanized area, (B) the local jurisdiction in which the tribe's proposed gaming project is located
supports the project, (C) the tribe and the local jurisdiction demonstrate that the affected local
community supports the project, such as by a local advisory vote, and (D) the project
substantially serves a clear, independent public policy, separate and apart from any increased
economic benefit or financial contribution to the state, community, or the Indian tribe that may
arise from gaming; and
WHEREAS, Califonua State Assemblyman Jared Huffman (D -61h District) has authored
AB 1443, Gaming Compacts: Local Support, which intent is to encourage the Governor to
negotiate a tribal -state gaming compact only when land has been taken into trust and when the
local jurisdiction and the local community in which the tribe's proposed gaining project would
be located actually support the project, and, in the absence of that local support, it is the intent of
the Legislature not to ratify the compact; and
WHEREAS, AB 1443 provides for the addition of Section 12012.87 to the Government
Code, to read: 12012.87. When engaging in negotiations for a tribal -state gaming compact to
allow class Ill gaming on Indian lands within the tribe's jurisdiction, the Governor may consider
the presence or absence of local support demonstrated by both of the following:
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(a) Tile results of an advisory vote in the colulty or counties in which the tribe's Indian lands
are located, either approving or disapproving a proposed gaming facility.
(b) One or more intergovernmental agreements enforceable in state court, that include
provisions to mitigate the impacts of the proposed gaming and related activities, executed
by the Indian tribe and each of the following entities:
(1) The incorporated city or city and county in which the Indian lands are located, or, if
the land is not located within an incorporated city or city and county, the county or
counties in which the land is located.
(2) Each county that is contiguous to the county in which the land is located and that is
likely to be substantially impacted by the proposed gaming and related activities, as
reasonably determined by the board of supervisors of the county and set forth in a
measure specifying the nature of anticipated impacts that are no more than 75 miles from
the proposed gaming facility, and the estimated costs of mitigation; and
WHEREAS, AB 1443 provides guidelines for the Governor in negotiating tribal gaming
compacts and allow for input from both citizens and local government for communities that host
a tribal casinos.
NOW, THEREFORE, BE 1T RESOLVED that the City Council of the City of Petaluma
does hereby support Assemblymember Huffman's bill, AB 1443, Gaming Compacts: Local
Support.
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