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HomeMy WebLinkAbout11/15/2006 - STAFF REPORTS - 00 CITY OF RANC O MIRAGE OFHCE OF MAYOP. NO TE1 G. 07a,ia l;obarl Valley Cities Deserve Protection Under New Gaming Compact Only Rancho Mirage testified before the state legislature in opposition to the then-pending effort to ratify the Amended Compact between the State and Agua Caliente Tribe. (Ratification efforts failed and the proposal will be reintroduced in January.) If it passes,the Amended Compact will remain jn full force and effect until 2030.The current pact expires in 2025. We testified because we havelexperienced the impotence of trying to resolve differences with the Tribe concerning foreseeable adverse impacts from their currently expanding casino. Under the 1999 Compact we have no right to compel negotiations or arbitration if our discussions fail, and the proposed compact comes too late to be of benefii. Our concern is the future. While the tribe is required to make a"good faith effort"to mitigate negative impacts on the city,they are the sole judge of their success and the city has no right to compel compliance if we differ with their conclusion. Under both the old and the Proposed Compact only an "Impacted City" can compel negotiations over off-reservation environmental impacts [he Tribe's third casino or expansion of an existing casino could produce. The rub lies in the definition of"Impacted City." It excludes any city that is adjacew to a casino while including a city if the casino is "within" it. This arbitrary distinction is irrational. The Agua Caliente casino and Rancho Mirage abut each other. We are the only city within a mile of the casino.Their advertisements claim the casino is "in"Rancho Mirage.Nevertheless,the Governor and the Tribe have agreed that our side-by-side nexus is insufficient to allow us the same negotiation and arbitration rights given a city if the casino is "within"it.We seek only the same legal right to compel negotiations and arbitration if their third casino ends up bordering us, or if they expand their existing casino again. The Tribe must file an Environmental Impact Statement (EIS) when a new casino is planned or when expanding an existing casino. Adjacent cities have the right to identify off-site negative impacts they foresee,but the new compact precludes an adjacent city from challenging a Tribe's decision to reject such contentions. Nor can adjacent cities require negotiations or compel arbitration of mitigation disputes_ If the casino were "within" the city those rights would exist;however that door is slammed shut on "adjacent" cities. Compare the unfairness: When a city like Rancho Mirage proposes a major project that requires an EIS, the Tribe can file a claim asserting they would be negatively impacted. But if the city disagrees, unlike the reverse situation,the Tribe can compel negotiations and they can also file suit to challenge the city. How ' fair is that?What can justify this imbalance? The Rancho Mirage proposed amendment would modify the definition of"Impacted City"to include "Adjacent Cities." That simple modification would protect adversely affected cities when casinos expand and when the Tribe develops its third casino. /s 1.5- �o ✓JG�G �Of.�ff�� y it It is said that the proposed Amended Compact will serve as a guideline or model for other tribal casinos or expansions_If Rancho Mirage's proposed amendment is added to the compact, it will become a guideline for others,benefiting adjacent cities throughout the valley and assure everyone a level playing field when a tribe intends to develop a new casino or expand its existing casino adjacent zo a city's border. Thus far the state and the tribe have taken the position that when the Proposed Compact is again presented to the California legislature for ratification they want it to remain as originally proposed_Which means all Valley cities lose, or have the potential to lose. Thus far no Valley city other than Rancho Mirage has , spoken against the proposal. if the others do not join with us we will have no one but ourselves to blame 'when Indian expansion reaches your shores.The Senate and Assembly will again hold ratification hearings. Tt is important that every city be present and voice opposition. G.Dana Hobart, Mayor Pro Tem, Rancho Mirage (GDanaHobaitC aol.com) MEW a1 I MET, 1964, range of the off-reservation environment, or to achieve short-term, to the disadvantage of long term, off- reservation environmental goals. (ii) The possible effects on the off-reservation environment Z of a Project are individually limited but cumulatively considerable_ As used herein, "cumulatively considerable" means that the incremental effects of an individual Project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effect of probable future projects. (iii) The off-reservation environmental effects of a Project will cause substantial adverse effects on human beings, either directly or indirectly. '} For purposes of this definition, reservation refers to Indian lands within the meaning of IGRA_ .; (c) "Interested Persons" means (i) all local, State, and federal agencies, which, if a Project were not taking place on Indian lands, would - have responsibility for approving the Project or would exercise authority over the natural resources that may be affected by the project, (ii) Any city with a nexus to the Project, or (iii) any other persons, groups, or agencies that request in writing a notice of preparation of a draft TEIR or have commented on the Project in writing to the Tribe or the County. Sections 10.8.8. Intergovernmental Agreement_ Before commencement of a Project and no later than when the Tribe issues its Final TEIR, the Tribe shall offer to begin negotiationswith the County and any _ -- ip acted 5 ;in:1which the Gaming Facility isrlocatedi(hereafter "Impacted land upon to he County's and/or any Impacted City's acceptance of the x � Tribe's offers, shall negotiate with the County and any Impacted City and shall enter int enforcea. e ritten mitigation agreements with the Count and arty ich TrwluK alf of the following: (i) Provisions providing for the timely mitigation of any Significant]affect on the Off-Reservation Environment (which effects may include, but are not limited to, 29 v_ From the desk of: r Wendie Busig-Kohn � � 591 N. Belardo Road Palm Springs, California 92262 (760) 325-0277 email: ,; :,,,c,; Palm Springs Homeowner Since 1987 ActivistiParticipant in Local Politics: IndependentlPer Issue basis since 1994 The following delineates what I plan to say in reference to the issue of the proposed "Hate Free City" campaign in tandem with what I will not say given time restraints and prudence. Palm Springs City Council Meeting Wednesday, November 15t", 2006 Public Comments CC: City Staff, Palm Springs Human Rights Commission, CAC Members I would first like to thank you, Steve. It was gulte unexpected that mV comments were later given reference as you indicated you were listening and considerate. This is a positive change here at City Hall worth noting as, often in the past those of us who frequented the podium felt the blank stares and lack of response translated into an old Don Henley lyric: "They looked at me, uncomprehendingly, like cows at a passing train.." Ginn : Thank you for you consistent attention to detail. Your firm stance on the removal of the first line was also my concern as I found it contradictory to the balance of the ro osed resolution. Your position on this also reminded me that in the past, we were on the same a e far more often than not and had maintained fora period of time a good, solid meeting of minds and-exchange of ideas and strategies on many issues. Ron: You not only listened., but heard my concerns, and I p2plaud your fairness and frankness relevant to this issue and the necessitv for further develo ment and consideration. J.6.e.f� C_OltiH� I am proud to claim five previous chairs of the Human Rights Commission among my friends in this community: • It was (then) Councilman Ron Oden who invited us to attend a seminar on Civil Unions, which motivated my first attendance. From that meeting, not only did I achieve my goal to learn and take away primary talking points as a proponent of this issue, but also met • Gloria Hill, whom I admire and respect greatly. • Denise Goolsby, one of the kindest hearts in this Desert. • Dean Stephen Kaufman: one of my best friends in the world! • And, later met Bill Feingold, who dubbed me the "Auntie Marne of the Gays and Grays" during the era of the Deyna Hodges re-appointment>apecial Election campaign. A % this, evenings t would like to focus of the word PEi CEPT10K, U would hope that no one in this building or community could ever perceive or prejudge me, to be in opposition to any Comm ion or, issue rei'evaunt to ANYONE'S HUMAN RIGHTS. In addition, my purpose for ,being here was not to position myself as a somewhat "self important" expert marketing strategist whose sole focus was to criticize the name of the Hate Free City Campaign. it may only come as a surprise to those of you who do not know me that the request for my presence and input emanated from many members of the Gay Community who were EXTREMELY uncomfortable with this campaign and issue. "We need you to address this, and trust your approach will be reasonable and discreet". I chose NOT to motivate awareness to anyone other than Phyllis Silver, who i think gave you a gentle and gentile indication of moderate community response. Here are some of my primary concerns and points which generated a greater sense of discomfort. 1. "Inclusiveness" and Target Examples: It was unfortunate wording, though i am sure well meaning, that a Commission Spokesperson even needed to indicate that they were "inclusive". It was interesting, even awkward that the "hate free vs hate crimes" issues addressed to promote this campaign were presented by examples of the Jewish- Community. Although, I have been sensitive and pro-active as necessary when the occasional Anti-Semitic remark has been made, I know of no case examples of members of the Jewish Community being "hate crime victims". (if I am wrong, I would certainly like to be apprised of same). 2. Liability and Image To blatantly dismiss, perhaps due to lack of case precedence, my sensitivity to our city's liability regarding false advertising, I have two responses: "Not coffee; We live to a I igious COU11try, nest ce pas?"; and PUBLIC RELATIONS»»Palm Springs has significant name recognition both nationally and globally. Although Princess Jasmin Grace lives in Palm Desert, the GLOBAL press referred to PALM SPRINGS....Although recent fires were NOT in Palm Springs, the national news referred their location in proximity, etc. Somehow, "the playground of the rich and famous" has evolved through less flattering references in recent years, including the "international capitol of syphilis". In sum, we need to present and to represent the image, the most effective image in our national and international news coverage! 3. The Math and the Money: I am, obviously, not alone relevant to this concern. To sub-title Palm Springs' identity to the world should command a unified community inclusion in the process as well as in its approval. The 60% approval delineated leaves a 40% margin for disapproval that can, unnecessarily create a division within the overall community. Secondly, although the resolution delineated the CAC collections to be contributed to the "Safe Schools Program", the verbal presentation was less clear. Although I am a true believer in constant and continuous tithing for various causes needing support, I am equally emphatic relevant to issues of accountability. 4. Perception of issue of "Time Sensitivity": Finally, it was extremely uncomfortable to observe insistence on approval of the resolution, relevant to "TIME SENSITIVITY" Here is where, in an attempt NOT to fan any flame, I need to speak openly, without the microphone, to YOU, the decision makers Not only will I acknowledge, I will continue to APPLAUD the increase in pro-activism in Palm Springs that is substantiated primarily by members of the Gay Community. HOWEVER, when the mission of the Human Rights Commission and the CAC is presented to promote DIVERSITY in the community, and the launch of their anticipated success in this quest is to be celebrated in a Diversity Festival promoting Gay Pride, I just have to wave my hand in the air and say HEL.L.000OO!!!!! There are MANY, MANY more community elements of this city that NEED THEIR DAY ,.ranging from the smallest portions of the population to those who are usually just ignored! Let's be honest. We do NOT live in an fully or gracefully integrated city! Where were you on May 7', A Day Without An ImrnigrnnV? I proudly joined my extended family in the May I" march in Palm Springs. In one hand I held the hard of my godchild vrho, like me, is a first neneration_ American. In the other hand, I strategicaiiy, and silently, held a sign "End Discrimination" facing outward to the DowntOwn Palm Canyon traffic. A little more than half wav through the route; Carmen looked at me, sensitive to my health, and recommended that I stop. responded, "I don't want to quit". Andrea, the little one, looked up at me and responded, "You can't quit, Wendie,,,=hecause you know what happens when you quit...you die." Profound, and perhaps a necessary reminder, I reflected on my favorite Elvis Presley song lyric: "...while I can think, while 1 can talk, while I can stand, while I can walk... *(If I can dream of a warmer sun, where hope keeps shining on everyone, tell me why can't my dream come true?...") Moments later, I observed a swell in diversified support! What begun as a hand full of non-Mexican representation had grown to 70-80 new participants by the time we crossed Indian Canyon. BIG SMILE! Later, as I struggled to walk home (we became separated in the crowd when I was pulled to talk to both English and Spanish media) I stopped at Hair of the Dog Saloon*** to ask to make a phone call home for someone to come get me. I was still carrying my sign. As you might imagine, my day ended in some rather lively debates as I was confronted openly upon arrival. It was a good day, and I was comfortable enough to engage with those who were not like minded. However, off the record, I am trying to imagine the current group representing the "Hate Free City Campaign" making their entrance into the same or similar environment. Take a moment to consider the perception, please. Or, will these "non like-minded" folks just be assumed into the 40% of the mathematical scenario? Not recommended. ***please reference addendum update My room taught us to "Ah ays put unjorself in the other person's shoes"...Okay, she usually flubbed the line and said "feet", which made us giggle, and perhaps Ammember better! Perception and Self Esteem are the only two things we can TRULY control in our individual lives. However, these same two things cannot be given, or dictated to others. Nor, can we, with "zero tolerance" EXPECT or demand that anyone in our community must subscribe to our way of thl;.k;,,y Or activis2m. But we can MOTIVATE, INSPIRE, demonstrate that we truly value- and respect all who live, work, and play here, by getting to know more about what makes them who they are, finding common ground, and appreciating and even enloyinq our differences, THUS CENTL`f 11vF1_UE1VCE ALL oP'0m78ERS OF OUR COMMUNITY TO THE END GOAL OF A "HATE FREE ENVIRONMj`iVT". Before we even consider a slogan for our community that reflects our respect for all who live, work and visit here, we have some work to do. LEADING BY EXAMPLE: WHY NOT begin a campaign by truly celprr?ting- Drive s - and en a in bot„ and touiist ari,c,-ai:g,,:, The most effective way I have ever seen this implemented is through MUSIC, ART, CULTURE, AND FOOD. Let's strategically create events that CELEBRATE the DIVERSITY OF ALL MEMBERS OF OUR COMMUNITY! This should not commence with the most prominent or visible, but just the oppesae...... Imagine...... A seasonal or a yearly calendar, under our "warmer sun, where hope will shine on everyone... Yearlong weekly, WEEKEND Thematic Festivals of Celebration will contribute far more to this most admirable mission of outreach, and will enhance more diversified tourism, while increasing funding for goals representative of ALL of Palm Springs. The finate....the, strand ffnale,..shouldlhe its cel0ration of our eat^Community r most actively supfaorgag a common goal for an admirable mission, to be achieved' ..,with credit slue where it belongs! No one leads to, t`eaf ex eiy uncc mfbrtabte, No one should„ frhe very first Woo t'have ever been motivated to auate as said by (President Ceekae W Il ai h an We-7ember e,2006) Additional Ideas for Community Unity: Recommended for support by the Palm Springs Human Rights Commission and City Council: • "The Pair" Spri�*y.; ! calk of uearts": Honoring our city's pro-activism in both community and global efforts. We are not all STARS, but we all have HEARTS that should be, equally, honored. • "Pennies From Heaven": From a desert bountiful, I would like to stimulate a campaign in support of a desert that has lost all hope: by supporting efforts in Darfur, our r__r,rr,rru,nity could raise national conscience and contribution, worthy of national news attention. (More forthcoming, inclusive of guidelines to establish interest, sponsorship, and participation in weekly Cultural Festivals) Thank you for your time and attention to this memorandum. Sincerely, Wendie Bu n ADDENDUM UPDATE: Tuesday, November 14, 2006 Sensitive to the fact that I gave an example specific to a Palm Springs Business, I felt it was my obligation to revisit this business and speak directly to the owner, as the descriptive passage included previously, herein took place between myself and his customers, and did not necessarily reflect the opinions of the business practices or its owners. After departing the Human Rights Commission meeting, I went to speak with Larry, and gage and engage his opinion and input, in much the same manner as I did, previously, and more exclusively with Phyllis Silver. I did my best to put myself in the shoes of a potential CAC representative and present the issue fairly and openly, without personal opinion. Much to my surprise, his initial reaction was "he would be happy to sign any document to prove he would welcome anyone into his bar", indicating his interpretation was that the Gay Community needed to see him do just that. He "drew the line" relevant to signing anything in support of a "Hate Free City Campaign", as he, too, despised the word "Hate", even when followed by "free". He also said he would not post any such decal, nor contribute any fee to such a campaign. 1 watched his body language as he continued to serve other customers. There was a mild grumble under his breath. Then, he turned to me and said "Why can't THEY enjoy ALL of the DIVERSITY of Palm Springs!?" Why can't we celebrate the.....German Americans, Mexican Americans, Italian Americans, Native Americans, African Americans....and soon, after I slapped him five for HIS opinion that we should have more festivals for other elements of our community....the entire bar chimed in with a continuing list....Chinese Americans„ Thai Americans, Polish Americans...ETC>ETC. Of course, I had to throw in "why not even a Middle Eastern Festival, celebrating all the customs, food, music, of the entire region ....we could set an example for the entire country?". They applauded. Larry never saw me speak to this issue, nor had it been discussed. This was HIS idea....too! ADDENDUM: Part Two: November 15, 2006 On the "other" side of the street: Additional Food for Thought A few weeks back, Dean Stephen Kaufman and I had lunch at an uptown restaurant. Enjoying our day, we were conversing about this issue, as a young waiter approached our table, seemingly interested in the subject we were discussing. As a "victim of my training", I decided to engage him (Test Market, man on the street kind of thing) What do you think about the City of Palm Springs advertising as a "Hate Free City He indicated it was a good idea, "it's a very gay familiar slogan"' he responded. When I asked what that meant to him, how it translated he responded. `it would tell the world we are a gay city". He continued.... "I just moved here a few months ago, and this is why I moved here" "in fact, I think we already have a sign in our window supporting the campaign". As we left the restaurant, Dean looked at me and said, "No one could ever accuse you of having a poker face". Disarmed, I asked him if I had unintentionally hurt the waiters' feelings, by my look of surprise to his responses". "You just looked surprised, but I KNOW YOU. The waiter suddenly seemed a bit less comfortable with his honesty." As this was not my intention, I thought maybe I should have backtracked and given this sweet guy a big hug. We looked for the sign. It read: Hmmmmm So, particularly in bars and restaurants, HOW ON EARTH does this "hate free campaign" play out? It got me thinking. Does this option and right of the business owner go away? Does the resolution pledge farce a business owner to intervene only relevant to "hate" words or actions? How should this campaign be interpreted and implemented in accordance with the rights of the business owner and his or her discretion, versus the "rules" of the resolution? Are we supposed to countermand the First Amendment right to free speech? Do people sometimes go out for a drink just to vent frustration, even when it is politically incorrect? Are we then, now, supposed to "govern" over their thoughts, even though unpleasant, and make the business owners the marshals of thoughts and words of their patrons and customers? One more question: Usually the reasons behind the "right to refuse service" deal with overly intoxicated customers and/or belligerent behavior towards servers or other customers. Does one pause, before making their decision based on years of experience with the fear that their actions rulay be misinterpreted as prejudice or "hate"? My concerns for issue continue to grow, and, as I continue to support their merit and mission, I will continue to delineate and speak to and for those who contact me from both sides of this issue, as requested. My personal goal is, perhaps, to "re-direct" the admirable goal of the Human Rights Commission to embrace and celebrate diversity, and, together with community input, create a more palatable formula to achieve those goals. Thanks again. Wendie Busig-Kohn (760) 325-0277 For: Palm Springs City Council and The Palm Springs Human Rights Commission From: Wendie Busig-Kohn The following paper is an advance copy of the "Statement in Favor of Life, of Peace of Equality" Forwarded to me from The International Peace & Human Rights Commission Of the United Nations This statement will be presented at the United Nations Later this week Please take time to review, Thanks, WBK Statement in Favor of Life, of Peace, of Equality According to the FAO 35,000 children die from hunger each day. This is genocide of appalling proportions, which we witness with apathy daily. At the same time it is estimated that 2,800 million dollars are spent daily on weapons, while US and European Union agricultural subsidies amount to 800 million dollars a day. There are no funds for the treatment of AIDS... while to a large extent the global economy is ruled by the profits of the military war industry. It is essential that we share more fairly. There are no better breeding grounds for radicalization, hostility and aggression than humiliation and exclusion. Violence is never justifiable, but its origins must be closely examined. Instead of strengthening multilateralism and endowing the United Nations with the means and authority to implement a global development plan to the benefit of all, the natural resources of progressively impoverished countries continue to be exploited, and their citizens are forced to emigrate in circumstances that frequently offend their dignity. Genuine democracy cannot be built and consolidated with captive votes and blind obedience and fear. The world's great challenges and inequalities on all fronts cannot be addressed through wars of greed, demonstrations of force, military strikes and invasions based on economic and energy interests, generating a spiral of violence, of action and reaction, and of interventions and reprisals. Government leaders have abdicated their political responsibilities, replacing universal values with the laws of the market place. The result has been a concentration of wealth in very few hands, and an ever- widening social and economic gap between the rich and the poor. NO TO POVERTYI In a great roar heard worldwide we must demand that our government leaders give priority to fulfilling the Millennium Objectives. We must forsake complacence for personal involvement. Let us once again proclaim that we do not justify attacks and violence, no matter what their origin. We condemn all terrorism: terrorism of groups hidden in the shadows, and terrorism of the state. Torture and cruel and degrading punishment is being used in constant violation of international and humanitarian law. The International Community must put an end to this savagery and massacre. As set forth in the United Nations Charter, all peoples must be able to decide their destiny. We must urgently join the voices of all peoples of the earth to say NO TO WAR AND VIOLENCE. We have remained silent too long, but this silence must stop. The peoples will raise their voices. War is a tragedy for all. It is urgent that we disarm this armed reason. Today more than ever we need the capacity for dialogue and alliance, a commitment to resolving conflicts peacefully, supporting attitudes of convergence and respect for others, through the application of human rights in our daily lives. It is necessary to change our present course through collective actions, fomenting solidarity among all peoples. It is urgent that intellectuals, artists, educators, scientists... abandon their passive attitudes and take action. Only then will their works and their words become credible, enabling them to contribute their efforts to those of others who seek to stop the madness of war, confrontation and violence. The time of the peoples has come. And above all, the time of those young people, men and women who believe that another world is possible. Public institutions and the media must help the citizens of the world to finally cease to be mere spectators and to take up their tasks as protagonists in designing the future. Government leaders, parliamentarians, members of municipal councils... All have a special responsibility in bringing about this historic change. The time has likewise come for even the most diverse cultures and religions, united in their inherent solidarity and love for their fellow men, to take up their place at the forefront in the effort to rescue human dignity. r All peoples must Join social, cultural, political and spiritual resistance movements, ,refusing -to cooperate with violence and injustice, and uniting with others to denounce those responsible for the domination and pain that afflict humanity. We must stand up for peace and march toward new horizons of life, not death. After all, this is our hope. In view of the above and with our sights set on the future generations, we call on all of those who are equally concerned to demonstrate their support for peace through all available means, whether live or virtual. NO TO WAR AND VIOLENCEI YES TO PEACE AND JUSTICEI For 24 hours, throughout the world on we will demonstrate with our voices or in the media the next days 10th and 11th of December, 2006, in commemoration of the Universal Declaration of the Human Rights. If we make progress, in these advances we will soon achieve a "globalized conscience", the source of real independence for the world's peoples, Adolfo P6rez Esquivel Peace Nobel, Argentina Mario Soares Former President of Portugal Federico Mayor Zaragoza President Fundacion Cultura de Paz, Spain Pere Casaldbliga Bishop, Brazil Danielle Mitterrand President France Libert6s, France Francois Houtart Theologian, Belgium Montserrat Ponsa Journalist, Catalunya, Spain Luis Eduardo Aute Cantautor, Spain Arcadi Oliveras President Justicia i Pau, Catalunya, Spain Ernesto Cardenal Theologian, Nicaragua Marilia Guimaraes President Committee Defense of the Humanity, Brazil Handel Guayasamin Architect, Ecuador Silvio Rodriguez Cantautor, Cuba James Cockcroft Writer, USA Eliseu Climent Valencia, Spain Josd Enrique Gonzalez Ruiz Mexico Giovanni Parapini Journalist, Rome Marianna Masciolini Comunication, Rome