HomeMy WebLinkAboutResolution 2009-138 N.C.S. 08/24/2009Resolution No. 2009-138 N.C.S.
of the City of Petaluma, California
RESOL~JT'ION IN SiJPPORT OF ACit 56 - GAMING COIVIPACTS
W~IEI~AS, the federal Indian Gaming Regulatory Act of 1988 (IGRA) authorizes
federally recognized Indian tribes to conduct class III gaming 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,
WI-~E12EAS, 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 Indian lands within a state; and,
WI~E~AS, the California Constitution authorizes the Governor to negotiate and
conclude such compacts, subject to ratification by the Legislature; and,
WI~EItEAS, an increasing number of Indian tribes are seeking to take new land into
trust for purposes of conducting class III gaming acfivities pursuant to the provisions of IGRA,
often in urban areas; and,
WI~EREAS, in May 2005, Governor Arnold Schwarzenegger issued a
procl~amation that he would (1) oppose proposal~s 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 gaming compacts
where the Indian tribe does not have Indian lands eligible for class III 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 whieh 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 th~at may
arise from gaming; and,
W~IE1tEAS, California State Assemblyman Jared Huffman (D-6`" District) has authored
ACR 56, Tribal Gaming: Local Support, which intent is to encourage the Governar 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 gaming 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,
WHEIZEAS, ACR 56 resolves that the presence or absence of local support be
demonstrated through both an advisory vote in the county(s) in which the tribe'~s Indian lands are
located, and intergovernmental agreements are executed to include provisions to mitigate the
impacts of the proposed gaming and related activities. When engaging in negotiations for a
Resolution No. 2009-138 N.C.S. Page 1
tribal-state gaming compact to allow class III g~aming 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:
(a) The results of an advisory vote in the county 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 ineorporated 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 iniles from the
proposed gaming facility, and the estimated costs of mitigation; and,
WHEIZEAS, ACR 56 provides guidelines for the Governor in negotiating tribal gaming
compacts and allows for input from both citizens and local government for communities that host
a tribal casinos. In the absence of local support, the Legislature will not ratify a compact that
allows Indian gaming on non-Indian lands or on Indian lands not under the jurisdiction of the
tribe.
NOW, 'I'I~EREF'ORE, BE I'T RESOLVED that the City Council of the City of
Petaluma does hereby support Assemblymember Huffman's bill, ACR 56, Tribal Gaming: Local
Support.
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 ppr v d a to
Council of the City of Petaluma at a Special meeting on the 24`~ day of August, r:
2009, by the Pollowing vote:
AYES: Vice Mayor Barrett, Glass, Harris, Healy, Rabbitt, Renee, Mayor Torliatt
NOES: None
ABSENT: None
ABSTAIN:
A'fTEST: None
Deputy City Clerk
City
Resolution No. 2009-138 N.C.S. Page 2