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HomeMy WebLinkAbout2/14/2001 - STAFF REPORTS (4) CAL/ �-� Februn, , 2001 , 1 �' i � Mayor William Kleindienst and City Council Members a = City of Palm Springs d Q P O Box 2743 Palm Springs, CA 92263 UI��P Dear Mayor and City Council: Over the past six months the Tribal Council has received copies of four different letters written by Council Member Jim Jones. Three of these letters were written to prominent Government officials, The United States Secretary of the Interior, The California Gambling Commission and the Governor of the State of California respectively. Each letter registers complaints involving the Indian Gaming enterprise of the Agua Caliente Band of Cahuilla Indians. The Tribal Council respects the rights of any government body or individual to express their opinions in the appropriate forum. The City Council and Tribal Council discussed this matter at their joint meeting on January 6, 2001. At this meeting the Mayor and other Council Members stated that Mr. Jones was not writing for the City Council or the City in general. Mr. Jones also stated at that meeting that he was writing as an individual. Yet, two pieces of correspondence written by Mr. Jones since that meeting have been written on what appears to be City letterhead with no disclosure that Mr. Jones is writing as an individual. These letters are not merely expressing opinions but filing formal complaints and requesting specific action under the law. It may be clear to the City Council that Mr. Jones is acting independently but it certainly is not to the parties he is writing to or copying. As a Government agency, our office consistently receives correspondence from other agencies with formal government letterhead customized to that person's office. These are accepted as official Government communications unless disclosed otherwise. It is the Tribal Council's desire that the City formally adopt and disclose the proper use of the city emblem and any simulated letterhead. As stated earlier, we respect the right of the individual to express their ideas, opinions and positions, but believe that the manner in which Council Member Jones is acting deceives the audience he is addressing and does a disservice to the City Government. AMi (chaanovic --�t Chairman, Tribal Council AGUA CALIENTE BAND OF CAHUILLA INDIANS TC-4669-02-01 RMM: jas 600 CAST TAHQUITZ CANYON WAY • PALM SPRINGS. CALIFORNIA 92262 9 TEL (760) 325-3400 • FAX (760) 325-059' FEB-C7-01 WED 10:44 AN TyTRAL COUNCIL FAX NO. 326954 P. 06/07 F ,BALM S ,. a ` City of Palm Springs Ciry Council 3r00 T+hgt;n C..yon Way•p l.e Sp,;ags,Ca Yoeaii 92262 FO\JA Tft:060))23.9200-FAX:(760)323-9207•Too(760)964-9527 March 9,2000 Secretary of the interior Bruce Babbitt - 1849 C. Street NW Mailstop 6229-MIB Washington,D,C, RE! Approval California Indian gaming compact, hear Mr, Secretary; As a Palm Springs City Councilman I urge you to carefully evaluate the California Indian Gaming Compact before glying it your approval. I am deeply concerned about the potential negative impact that this compact could have on my community. I am aware that time constraints forced this compact to be hastily drawn up and that consequently it did not have the benefit of public input. Hopefully you in cooperation with Governor Davis may be able to correct several serious ovtxsigbts which fail to provide much needed protection to non-Indian citizctas in my city,not to speak of the many other casino communities throughout California. whet is generally not understood is that many California.tribal reservations are not located in some isolated faraway location but that they arc closely interwoven with urbaniwd non-Indian cities and counties. Given the rapid growth of oar state this interrelationship is becoming more and more a fact of life, Palm Spriaga is completely intertwirxd m checkerboard partem with every other square mile being reservation land and the other non-Indian land. The way the present compact is drawn up it will adversely affect our city both fnanck* and environmentally. We desperately treed provisions in the compact to make sum trilml members contribute their fair share in terms of local taxes(i e.property tax,transient occupancy tax,utility w, development fees etc.) These taxes and fees which non Indian ekizens pay are used for a myriad of local benefits such m fire,street maintenance and extra police protection needed around the casino. We find that there is a trend on the part of tribal members to move away from sharingthe costs of local govemment, We are currently facing an issue where an Indian bindowncr developing his property bluntly refuses to pay the S 135,000 of Transportation UrUoznt Mitigation Fees which the Coachella Valley Association of Governments requires the city to Posr Office Box 2743 ' Palm Springs, California 92263-2743 P. 02 FEB-07-01 WED 10,45 AM TR L COUNCIL FAX NO. 32P� '954 P. 07/07 collect for any land development. Failure to fulfill.this liability could set a dangerous precodent with the potcutial of ultumtoly bankrupting our city given the fact Tr11W Members own half of the land in our incorporated area The other issue is the lack of public input in the location and design of casino structures. Already the tribe has completely ignored local sign and.billboard regulations and has unilaterally withdrawn from the land use agreement they had with our city which included courtesy zoning and design review by our city agencies of all tribal land use projects within dry limits. Again some mrhanism is needed to protect our city in its orderly and harmonious land use phoning processes, ' I am all in favor of Indian self reliance but as a local public offieW 1 have the duty to protect the interest of all my constituents. Please assist Palm Springs and other California Casino communities in preserving equity as well as our environmental quality. Sincerely, .Tito ones ' Spniugs r CounFiltnan cc. Governor Gray Davis Senator Barbara Boxer Senator Mane l±ein�sXt�e,in,� Congress Woman NWy Bono FEB-07-01 WED 10:42 AN TP*L COUNCIL FAX NO. 3*954 P. 02/07 CAL104 ti Q� March 13, 2000 Bruce Babbitt, Secretary U.S. Department of the Interior six 11100ED Mail Stop 6229-MIS 1849 C Street, N.W. Washington, D.C. 20240 @AST MQUITZ CANYON WAY Re: Approval of tribal-state gaming compact between the Agua Caliente Band of Cahuilla Indians and the State of MM 5PRI 7 California CALIFURIVIA Dear Mr. Secretary. As the Agua Cafiente Band of Cahuilla Indians is about to submit to 99969 you for approval the tribal-state gaming compact that it executed with the State of California on September 14, 1999, we have received a copy of a letter dated March 9, 2000 to you from Jim Jones, in his N:LEvt)ONC capacity as a member of the City Council of the City of Palm (760) 3454400 Springs. Although the letter notes that Governor Davis, Senator Boxer, Senator Feinstein, and U.S. Representative Sono were favored with copies; the Agua Caliente Band was not so favored. We obtained a copy form another source, and will show the author FAA the courtesy of providing him a copy even though he did not show us (760) 395.0593 the same respect. We hope that the letter is the product of the ignorance of a newly elected City Council Member regarding federal law and the relations between the City of Palm Springs and the Agua Caliente Band, rather than the feelings of the remainder of the City Council, Mr. Jones displays an astounding lack of knowledge of both the federal law regarding tribal governmental gaming on federal Indian reservations, and the facts. His letter is also a singularly inappropriate attempt to circumvent the compact negotiating process which Congress has mandated, and with which the author of the letter Is apparently unfamiliar. In an effort to dispel both kinds of misstatements, we are writing to you now, as you consider the compact which we are about to submit to you for approval under the Indian Gaming Regulatory Act ("IGRA"). Under the Constitution, Congress has plenary power over Indian affairs. Congress could completely prohibit all forms of gaming on federal Indian reservations. Or Congress could allow all forms of gaming with no restraints whatsoever. Congress could permit full state control, or absolutely no state control. Instead, Congress weighed the interests of tribes and states carefully and enacted FED-07-01 WED 10'43 AM VL COUNCIL FAX NO. 32W54 P. 03/07 .• • QG�A CAfIe�T� ' Page No: 2 0RHU1LlP\ Letter Bruce Babbitt, Secretary March 13, 2000 IGRA in 1988 as a balancing of the interests of tribes and states. Under IGRA, the interests of states, and the counties and cities which make up those states, are protected by requiring each tribe which wishes to engage in gaming to negotiate a compact with the state in which its lands are located. That negotiation process allows the state to represent local interests on subjects such as environmental protection, land use, etc. These are all subjects which, under federal law, are not within the state's jurisdiction in any event without a compact, and instead are within the sovereign authority of the tribe. Any measures on these subjects which are negotiated into a compact are thus concessions by a tribe to the state to which the state and its localities are not otherwise entitled. The final compact which was executed on September 14, 1999 was expressly ratified by the California Legislature and Governor Davis in the enactment of AB 1385, now codified at California Government Code section 12012.25, effective January 1, 2000. The overall relationship between California tribes and the state regarding gaming was overwhelmingly ratified by 64.60/a of the voters of California at the General Election of March 7, 2000 in Proposition 1A, which amended the California Constitution to allow the specific activities to which Mr. Jones objects. Mr. Jones now wishes to unravel the wishes of Congress, the California Legislature, and the voters of California. Mr. Jones' call "to make sure tribal members contribute their fair share in terms of local taxes (i.e., property tax, transient occupancy tax, utility tax, development fees, etc." is blatantly unfounded. Mr. Jones is apparently unaware that IGRA does not allow a state to demand taxation of any kind as a condition for a compact, and instead makes any such demand an example of bad faith. As for individual tribal members, Congress has never authorized direct property taxation of their land. No compact provision could accomplish such a violation of federal law. However, those members who have developed their property through leasing already contribute approximately $70,000,000 per year paid by their lessees in possessory interest taxes to state and focal governments. Does Mr. Jones wish to refund that amount in order to make his statement true? All such leased properties of members already pay the transient occupancy tax. FEB-07-01 WED 10:43 AM T L COUNCIL FAX NO. 32v--1954 P. 04/07 PG�p`CAL/���� a = Page No: 3 a �$� Letter Bruce Babbitt, Secretary �GAHUI1da\ March 13, 2000 Will Mr. Jones make refunds of those taxes, too? In lieu of the City's utility tax, the Ague Caliente Band made a voluntary contribution of $44,000 to the City's general fund. Will Mr. Jones refund that payment? While it is true that one tribal member is now in the process of appealing a City requirement that he pay a Transportation Uniform Mitigation Fee, that appeal is still in progress, and has not been resolved, Mr, Jones seems to know the outcome of this appeal in advance. But it is also true that the Tribal Council has upheld the imposition of this exact same fee on a member's development by another city on the Reservation. Such land use matters exist irrespective of any compact. In addition to all these taxes which, contrary to Mr, Jones' statements, either the Ague Callente Band or its members do pay, the Ague Caliente Band donates literally millions of dollars per year to the City of Palm Springs, its departments such as fire, police and library, and dozens of other civic organizations. Even the carpeting in the city hall where Mr. Jones wrote his letter was a donation by the Ague Caliente Band. A list of our most recent voluntary contributions is enclosed for your reference. As for public input on the location and design of casino structures, that subject is governed by IGRA. Section 10.8. of the compact establishes a tribal environmental review process in which the views of the City of Palm Springs and the general public are solicited and considered. This was a major concern of tribes, which otherwise would have no obligation at all to receive or consider input on these subjects from any outside source, including the City of Palm Springs. This provision was considered satisfactory to protect the local public interest by the Governor, the California Legislature, and 64.6% of the voters of California. We regret that it does not satisfy Mr. Jones. On the general subject of land use, Mr. Jones fails to mention that the Ague Caliente Band entered into a contract with the City of Palm Springs in 1977 by which the Tribe chose to adopt virtually all of the Lily's land use measures as its own, designated the City to be the Tribe's agent to enforce those Tribal land use measures on allotted trust land of the Reservation, and preserved Tribal sovereignty by providing for appeals from adverse City land use decisions to the Tribal Council. While it is true that this contract reserves to the Tribe itself land use decisions regarding unallotted tribal trust land, over 90% of the Reservation is allotted and thus under indirect City control under the land use contract. The Tribe is thus generous in providing to the City this authority over 90% of the land use decisions FEB-07-01 WED 10:44 AN 1WL COUNCIL FAX NO, 320954 P, 05/07 A GAL/E?l� m Page No: 4 Letter Bruce Babbitt, Secretary �CAIiIItG�p\ March 13, 2000 on the Reservation, but Mr. Jones is not satisfied and wants 100%. Ever since 1977 federal law has prohibited this kind of land use jurisdiction to city, county, or state government, instead recognizing that land use is an essential element of tribal sovereignty. Mr, Jones thus wishes to use the compact approval process to circumvent both the compact negotiation process and decades of established federal law. In short, to Mr. Jones, we say, learn the facts and the law. Your constituents' interests are already protected in the compacting process conducted by your Governor and ratified by your Legislature. The degree of state and local input into this process was already prescribed by Congress, and is not now open to renegotiation. The Tribe already generously provides much more in terms of taxation and land use control to the City than federal law requires, Even if Mr. Jones is not willing to accept that this Tribal Government operates in a very responsible manner, and has for decades, if Mr, Jones would bother with simple education as to the law and the facts, he would not burden you with whining letters that are an affront to tribal responsibility and generosity, as well as to federal law. J Y � 1 Richard M. Milanovich Chairman, Tribal Council AGUA CALIENTE BAND OF CAHUILLA INDIANS c: Governor Gray Davis Senator Barbara Boxer Senator Diane Feinstein U.S. Representative Mary Bono Mayor Will Kleindienst Mayor Pro Tempore Jeanne Reller-Spurgeon Councilman Ron Oden Councilwoman Deyna Hodges Councilman Jim Jones Dave Alshlre, Esq. RMM:jsw TC-3836-03-00 QF patM S City of Palm Springs A� h� yG} `" Office of Council Member Jim Jones ,, * P.O. Box 8294, Palm Springs, CA 92263 TEL: (760) 327-6801 FAX: (760) 327-8274 C `� all iL��f MOBILE: (760) 333-1747 December 27, 2000 Mr. Michael J. Atencio Assistant Planner Agua Caliente Band of Cahuilla Indians 901 East Tahquitz Canyon Way Suite C-101 Pahn Springs, CA 92262 RE: Agua Caliente Casino Sign Ramon and 10 Freeway Dear Mr. Atencio: I very much appreciate your circulation of the notice regarding the proposed sign program for the Agua Caliente Casino. 1, like many residents in the Coachella Valley am very much concerned about signage and our dark skies so that we may maintain the quality of fife and preserve the natural beauty of our valley, which is the very reason why most people come to live and visit. Since the proposed sign does substantially deviate from the neighboring Palm Springs freeway sign standards I believe that a public hearing would be in order so that both your Rancho Mirage and Palm Springs neighbors may have an opportunity to provide their input. Height wise the proposed sign of 90 feet tall is not a great deal higher than Palm Springs standards for freeway signs of 50 to 75 feet, especially as it appears to be placed at a level below the existing freeway. However, it's size is eleven times larger than the 150 square feet normally allowed for freeway signs bordering Palm Springs. The sign as proposed will overwhelm this location and its huge bright message board will be extremely distracting for several miles. Whatever the ultimate size the impact of the sign should not be a deterrent for the enjoyment of the dark skies by the occupants of existing nearby residential developments as well as future ones to be located in the area. Have any studies been done to ensure that no such negative impacts exist? f I do congratulate you on the use of shielded parking lot lights though they don't feature a complete cut off. If possible you might be able to use complete cut off fixtures that would greatly assist in preserving our night skies. Attached is an information sheet of the International Dark Skies Association of which I am a member giving some examples. I do hope that the internal parking structure lighting will also be adequately shielded to prevent glare from spilling out. Finally, I very much appreciate the attractive landscaping that is currently being installed in your surface parking which will help in making your casino project an attractive quality development. Thank you again for giving me the opportunity to comment on your sign program. Sincerely, Jim Jones Palm Springs Council Member cc: Palm Springs City Council Palm Springs Planning Department and Commission Rancho Mirage City Council Rancho Mirage Planning Department and Commission Riverside County Supervisor Roy Wilson Riverside County Planning Department and Commission y/Y V C?F gALAM SAS ity of Palm Springs z Office of Council Member Jim Jones ,. P.O. Box 8294, Palm Springs, CA 92263 TEL: (760) 327-6801 FAX: (760) 327-8274 Cg11FpRN�� MOBILE: (760) 333-1747 January 24, 2001 The California Gambling Commission P. O. Box 526013,1300 1 Street Sacramento, CA 95814 Dear Chairman Hensley and Members of the Gambling Control Commission: The City of Palm Springs and the area which surrounds it is closely intertwined with the Agua Caliente Reservation, featuring a checkerboard pattern of 1 mile squares of Indian and non Indian land. Consequently, this pattern poses a real challenge not only to the budgeting of government expenses for needed public services since the tribe is largely exempt from local taxes but also to maintaining an even environmental quality throughout our City and the Coachella Valley at large. When major casino projects are proposed on adjoining Indian land our local governments are really powerless to deal with the environmental impacts. We are basically subject to whatever the tribe feels is appropriate yet their decisions can seriously affect our quality of life. The tribal state compact appears inadequate to deal with the resolution of conflicts regarding what is to be environmentally sound. A present case in point is the Agua Caliente Tribe's proposal to erect a lighted 90 foot high casino sign with a board surface of nearly 1700 square feet on each side. Though the Tribal Planning Commission after hearing adverse public testimony recommended reducing the sign by some 15 feet it still remains way oversized. The sign is located on interstate 10 and Ramon Road near one of the entrances to our city but it is basically surrounded by upscale residential developments to the west where the sign will be seen for miles around. We have worked hard for many years to preserve our precious mountain views and our night skies both so important to our economic base of tourism, retirement and second homes. Yet there seems to be no effective mechanism to protect these assets in the face of casino development. I respectfully request that the present compact negotiated between the State of California and our Native American Indian Tribes be amended to address off-reservation impacts. We need your help and we need it fast! Sincerely, Jim J e cc. Stand up for California cc. Rancho Mirage City Council cc. Riverside County Supervisor Roy Wilson cc. Palm Springs City Council cc. Agua Caliente Tribal Council cc. Palm Desert City Council of YAL/A SA City of Palm Springs `" Office of Council Member Jim Jones ,. P.O. Box 8294, Palm Springs, CA 92263 * AVIV * TEL: (760) 327-6801 FAX: (760) 327-8274 c111FORN�* MOBILE: (760) 333-1747 January 31, 2001 Governor Gray Davis State Capitol Building Sacramento, CA 95814 Dear governor Davis: This letter is a respectful but urgent request for your immediate intervention under section 10.8.3 of the Tribal State Compact to implement the arbitration process between the Agua Caliente Tribe, several local governmental entities and their citizens over the negative impacts created by the tribes proposed highway casino sign. The proposed sign fails to adhere to or incorporate reasonable standards found in local codes and ordinances. The arbitration process provides a structured forum in which to discuss, negotiate and resolve in a pragmatic manner this contentious issue. Specifically, the Agua Caliente Tribe has been planning to erect a 90-foot tall casino sign with a lighted board surface of neady 1700 square feet on each side at the intersection of 1-10 and Ramon road. This sign would be seen for miles around impacting numerous residential developments, precious mountain views and the enjoyment of our night skies, which is so important to our economic base of tourism, retirement and second home development. The Tribal Planning Commission after hearing adverse public testimony on January 17, recommended reducing the sign by some 15 feet. However, it remains grossly oversized, and in violation of all surrounding jurisdictions. For example the square footage of its board is 11 time larger than the City of Palm Springs allows for freeway signs. The Agua Caliente Tribal Council after hearing additional testimony on January 24, decided not to make further reductions to the size of the sign and endorsed their planning commission's determination that it will have NO SIGNIFICANT IMPACT ON THE ENVIRONMENT. In doing so the Tribal Council completely ignored the concems of four local govemment representatives: Riverside County, Palm Desert, Rancho Mirage and myself a Council Member for Palm Springs. Families of the nearby residences provided testimony stating their concerns over additional negative impacts to the quality of their lives. The City of Palm Springs and the area which surrounds it is closely intertwined with the Agua Caliente Reservation featuring a checkerboard pattern of one mile squares of Indian and non Indian land. Due to this proximity major Indian projects can seriously affect our quality of life and our economic viability. Citizens and local government are calling on you to protect the adjacent communities from negative impacts created by the very successful and wealthy Agua Caliente Tribe's extensive gambling developments. The controversy over the sign is just one more issue that polarizes the tribe and the communities and continues to foster ill will. The City of Palm Desert has recommended a 50% reduction of the original 90-foot height and present size of the board surface. Nearby the Indian Casino of the Morongo Band has established a precedent, whose sign is about 50 feet tall, and with 500 square foot sign board space, approximately one third the size of it's proposed Agua Caliente neighbors'. Morongo's sign provides more than adequate freeway identification. The proposed Agua Caliente sign is simply to big, moreover its visual impact demonstrates disregard for the surrounding communities and an unnecessary waste of"electricity". 1 i • 1 respectfully ask for the implementation of the arbitration process to begin, to clearly illustrate for our Valley, her citizens and other communities throughout the State that Indian Casinos do not have to built at the expense of the environment and their neighbors. Tribes and local governments need your help to provide long term solutions to these land use and development disputes. Governor Davis,we ask that you bring back a sense of balance between the rights of non-Indian citizens and the special rights that have been afforded to tribal governments over gambling. I look forward to hearing from you soon. Sincerely, Jim nes Palm Springs Council Member Enclosures: County of Riverside, Kathleen Browne, Project Manager. Corres. of 12/27/00 City of Palm Desert, Carlos L. Ortega, City Manager. Corres. of 12/21/00 City of Palm Springs, Jim Jones, Member of the City Council. Corres of 12/27/00 City of Rancho Mirage, Robert Brockman, Director of Community Development. Corres of 12/28/00 cc: Bill Locker,Attorney General (w/enclosures) 1300 1 Street, Sacramento, CA 94244-2550 Chairman John Hensley, California State Gambling Control Commission (w/enclosures) 1300 1 Street, Sacramento, CA 9244-2550 Ms. Christine Nagle, Environmental Officer (w/enclosures) National Indian Gaming Commission 1441 L Street NW, Suite 9100, Washington DC 20005 Agual Caliente Band of Cahuilla Indians (w/enclosures) 901 E.Tahquitz Canyon Way, Suite C-101, Palm Springs, CA 92262 Mayor and City Council, City of Palm Springs (w/enclosures) County of Riverside, Kathleen Browne, Project Manager (w/o enclosures) Carlos Ortega, City Manager, City of Palm Desert " Robert Brockman, Dir. of Comm. Dev., Rancho Mirage " FEB-07-01 WED 12:48 PM T1* COUNCIL FAX NO. 32454 E 02106 CALI + • February 7, 2001 m � .� Governor Gray Davis State Capital � 9�4999�P State of California Sacramento CA 95814 Honorable Governor Davis: The Tribal Council of the Agua Caliente Band of Cahuilla Indians wishes to respond to a letter addressed to you from Jim Jones, a City Councilman from the City of Palm Springs, requesting your intervention under Section 10,83 of the Tribal-State Compact, In his letter, Mr. Jones does not fully disclose that he does not represent the City of Palm Springs. It should be noted here, that at the joint meeting of the City Council and Tribal Council on January 6, 2001, the issue of Mr. Jones using City letterhead for personal use was discussed, The City Council, at that meeting, made it clear that Mr. Jones did not speak for the City and no City Council Member was authorized to speak for the City unless his or her representation was accompanied by a City Resolution authorizing such. Generally, Mr. Jones' letter is totally inaccurate and grossly distorts the facts, Prior to responding to Mr. Jones' letter the Tribal Council wishes you to know that the Tribe has fully met with and, at times, exceeded the provisions of the Compact and Tribal Ordinance No, 28, the Tribal Environmental Policy Act on both the development of the Agua Caliente Casino and the Casino Sign Program. The following is a point-by-point response to Mr. Jones' letter: 1. `The proposed sign fails to adhere to or Incorporate reasonable standards found in local codes or ordinances.' The project site is totally within Tribal Trust property of the Agua Caliente Indian Reservation and as such subject only to the Sovereign regulatory authority of the Tribe. The Tribe has adopted the Tribal Building and Safety Code, which is comparable to any of those adopted by the adjacent local governments, and the Tribe's own Planning Department reviews all plans and provides for code compliance. The sign as approved, is not subject to other local codes and ordinances, yet, it does "reasonably" comply with standards established by the County of Riverside. 2. "Specifically, the Agua Caliente Tribe has been planning to erect a 90- foot tall casino sign with a lighted board surface nearly 1,700 square feet on each side at the intersection of 1-10 and Ramon Road." The Environmental Assessment did indeed analyze a sign 90-feet tall, however, through the environmental review process, the Tribal staff and Indian Planning Commission determined that the sign should not exceed 75 feet. The Tribal Council accepted this recommendation. 600 EAST TAHQUITZ CANYON WAY 0 PALM SPRINGS. CALWORNIA 92262 • TEL (760) 325.3400 • FAX (760) 325,0590 FEB-07-01 WED 12:48 PM TV COUNCIL FAX NO, 32054 P. 03/06 CALI�� Governor Gray Dads February S,2001 • Page-2- a There were no actual plans to erect a sign 90-feet tall prior to the completion of the assessment. The sign never contained ", , , nearly 1,700 square feet. . :' of lighted surface, Actual sign surface and lighted area is 627 square feet. This was pointed out to Mr. Jones and others at both the Indian Planning Commission public hearing and the Tribal Council public meeting. 3. "The sign would be seen for miles around impacting numerous residential developments, precious mountain views and enjoyment of our night skies, which is so important to our economic base of tourism, retirement and second home development" The Environmental Assessment included extensive visual simulations, which demonstrated that the sign (at 90 feet high) would be seen for up to approximately 2 miles in either direction along 1-10. Reducing the sign to 75 feet tall greatly diminishes this view. Only one residential neighborhood (Thousand Palms) can view the sign, in so doing they would view it behind numerous other freeway oriented signs. They also would only see the edge of the sign not the lighted sign face. No residents or representatives of that community wrote or testified against the sign. The sign is located directly next to an interstate highway in an area where numerous highway businesses are advertised with very large signs (McDonalds, In and Out Burger, Chevron Gas Station, etc). The sign will be lit by a combination of back lighted fluorescents and neon. There will be no up-lighting, no flashing reader boards and negligible export of ambient light affecting dark sky conditions, There has been absolutely no testimony or written reports which actually demonstrate significant visual impacts to the community. 4. "The Tribal Planning Commission after hearing adverse public testimony on January 17, 2001, recommended reducing the sign 15 feet, However, it remains grossly oversized, and in violation all surrounding jurisdictions. For example, the square footage of its board is 11 times larger than the City of Palm Springs allows for freeway signs" Here Mr. Jones is partially correct. During a widely noticed and publicized public hearing only five people spoke; four were against the sign and one person spoke in favor of the sign. The decision to reduce the sign height was more in reaction to reasonable design and scale issues rather than adverse public testimony. At least Mr. Jones admits that the public had a voice in this project. The issue of the sign being "grossly oversized' is strictly a subjective matter, The Indian Planning Commission and Tribal Council analyzed the visibility of the sign and other signs in the immediate and general area within the vicinity of the sign, Two signs approved by the County of Riverside by variance (the McDonald's sign and Chevron Gas sign) and one sign recently FED-07-01 WED 12:49 PM T10)L11AL COUNCIL FAX NO, 32*54 P. 04/06 Governor Gray Davis February 5,2001 r s Page- 3-approved by the City of Indio (the 1-10 Auto Mall sign) reasonably compare in height and sign surface area. You should also note that the City of Palm Springs is 4 % miles away. The City of Cathedral City is between the casino site and Palm Springs. No one from Cathedral City commented on the sign, 5, "The Agua Calionte Tribal Council . endorsed their Planning Commission's determination that it [the sign] will have NO SIGNIFICANT IMPACT ON THE ENVIRONMENT. In doing so the Tribal Council completely ignored the concerns of four local government representatives: Riverside County, Palm Desert, Rancho Mirage and myself a Council Member for Palm Springs." The Tribal Council, after hearing public testimony (13 parties spoke, 8 against, 5 for the sign), considering the Planning Commission recommendation and carefully analyzing the visual simulations, made a determination Finding of No Significant Impact. No one person or entity was ignored. Mr. Jones must know that this is a typical discretionary process where there will be those in favor and those against, Mr. Jones, himself, earlier acknowledges that there was a proper hearing, a forum for those to speak. This process involved a public review period and two public hearings. 63 parties were notified including all adjacent public agencies, Only five letters were received and a total of 18 people spoke at the two hearings, of which only 8 where in opposition (4 of the speakers spoke at both hearings). The Tribal Council could have made the Finding of No Significant Impact on lack of interest alone, however, they also considered factual evidence and there simply was no demonstratable evidence that the sign would have a significant effect on the environment. Even if this action was subject to the California Environmental Quality Act (CEQA) it would not likely fall under the category of significant. 6. "Citizens and local government are calling on you to protect the adjacent communities from negative impacts created by the very successful and wealthy Agua Caliente Tribe's extensive gambling developments." Please note our responses above, there is clear evidence that there is no such public outcry against the sign or Indian gaming. Mr, Jones must have been asleep last March when the citizens overwhelming voted in favor of Indian gaming. Characterizing our Tribe as "very successful" is complimentary to the Tribal enterprises, after all, we live in a land that rightfully encourages success. Characterizing the Tribe as "wealthy" attempts to frame the Tribe in a bad light. Mr. Jones apparently cannot recognize the significant economic benefits Indian FEB-07-01 WED 12.50 PM TR COUNCIL FAX NO, 32`6054 P, 05/06 Governor Gray Davis 1+ebruary 5,2001 • Page-4- gaming and all Tribal enterprises bring to the entire community, nor does he acknowledge this Tribe's generous contributions to the community and the City of Palm Springs, 7. `The controversy overthe sign is,just one more issue that polarizes the Tribe and communities and foster ill will." Again, please note response to No. 5 above. Where is there polarization and ill will? There are almost 300,000 people living in the Coachella Valley, There are 9 different cities and 5 Indian Tribes in the Valley. Not everyone and not every government sees eye to eye on all issues but we are not aware of any polarization or ill will that exists in our community, certainly not created by our Tribe. 8. "Nearby the Indian casino of the Morongo Band has established a precedent, whose sign is about 50 feet tall, and with 500 square foot sign board space, approximately one third of the size of its'proposed Agua Caliente neighbors. Morongo sign provides more than adequate freeway identification. The Ague Caliente sign is simply too big, moreover, its'visual impact demonstrates disregard for the surrounding communities and an unnecessary waste of "electricity"." Mr. Jones comparison with the Casino Morongo sign is both Inaccurate and out of context. Casino Morongo is over 20 miles away, Although our sign and Casino Morongo's are comparable in size (the actual height of the Casino Morongo sign is 65 feet with 552 square feet of sign area), each sign must be evaluated independently and in the context of what it is designed for, that is, to be seen. Casino Morongo's sign is located on a promontory with clear unobstructed views east and west along the freeway. You can also easily see the casino structure. Our Agua Caliente Casino cannot be seen from the freeway. The casino sign is our only ability to direct traffic to the site, The Agua Caliente sign competes with numerous other pylon signs in the Thousand Palms area. If a "precedent" is created, it is by those signs nearby approved by the County and City of Indio not a sign over 20 miles away. The Agua Caliente Casino sign will be located in a site, which is approximately 6 feet below the surface of the adjacent street. The architectural embellishment (the flame logo) is 10 feet high. The actual sign structure after installation and taking away the embellishment will be effectively 59 feet tall. There is essentially no difference between the Morongo sign and the Agua Caliente sign. The entire casino project has incorporated state-of-the-art electrical and mechanical systems to maximize energy efficiently. We have worked very closely with Southern California F-dison to maximize energy efficiency. As stated earlier, the casino sign is lighted with a FEB-07-01 WED 12:50 PM TRH. COUNCIL FAX NO, 32504 P. 06/06 A C�dO �1* Governor Gray Davis February 5,2001 • • Page_5. W combination of neon and fluorescent lights. Those light sources maximize night lighting and identification with the minimum amount of energy consumed, This sign compares very favorably against other signs such as Casino Morongo's or the 1-10 Auto Mall sign which utilize changeable message or "reader board" technology that can be very high in energy consumption, The above responses address the visual impact of the casino sign, Our extensive assessment and public involvement in the approval of the sign demonstrates a good faith effort and total regard to the surrounding community. Not one business or resident, who can see the sign from their property, has commented on the sign. It is apparent that Mr, Jones has a personal axe to grind. We have to assume by the lack of accuracy and the tone of Mr. Jones' letter that he and the very few he claims to represent wish to drive a wedge between the Indian and non-Indian community and we are saddened by his attitude and approach. Please be assured that the Tribe will continue to act in good faith on a government-to-government basis and follow every aspect of the Tribal-State Compact and adhere to every facet of the Tribal Codes and Ordinances, which apply, You truly, Richard M. Milanovich Chairman, Tribal Council AGUA CALIENTE BAND OF CAHUILLA INDIANS TC-4664-02-01 RMM;jas C; Dill Lockyear, Attorney General Chairman John Hensley, California State Gambling Control Comm. Christine Nagle, Environmental Officer/Nat'l Indian Gaming Comm. Mayor and City Council, City of Palm Springs Kathleen Browne, County of Riverside/Planning Department Carlos Ortega, City Manager, City of Palm Desert Robert Brockman, Director of Community Development/City of Rancho Mirage