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Home My WebLink About12/19/2007 - STAFF REPORTS - 2.U. C p`M S,p iy e V N CITY COUNCIL STAFF REPORT DATE: December 19, 2007 CONSENT CALENDAR SUBJECT: PROPOSED RESOLUTION IN SUPPORT OF THE AMENDED GAMING COMPACT BETWEEN THE AGUA CALIENTE BAND OF CAHUILLA INDIANS AND THE STATE OF CALIFORNIA (SB957) TORLAKSON FROM: David H. Ready, City Manager Mayor Pougnet has requested that the City Council consider a Resolution supporting the 2006 Amended Gaming Compact between the Agua Caliente Band of Cahuilla Indians and the State of California that was ratified by a bipartisan majority of the State Legislature earlier this year. The Resolution would be intended to support the agreed upon Amended Compact in the upcoming Referendum that is on the ballot in the February 5, 2008 election. This Referendum, designated as Proposition 97, requires an affirmative vote in order for the Amended Compact to remain in effect. The City of Palm Springs and the Agua Caliente Band of Cahuilla Indians have an ongoing partnership of cooperation which includes infrastructure projects, special events, cultural enrichment and education, public safety service delivery, and Joint Tribal Council/City Council Meetings. Moreover, the Agua Caliente has supported the City in many areas, including funding for police and fire equipment. This assistance was given to the City over and above any requirements for casino gaming mitigation impacts. For example, since 1996, the Tribal Council has contributed over $1 million to the Fire Department for equipment ranging from fire engines to mobile breathing support units. Additionally, they have provided millions of dollars in the last several years to local organizations and non-profits, such as the Police Athletic Club, James Jessie Desert Highland Unity Center, Boys and Girls Club, and Mizell Senior Center, to name a few. Finally, if the Amended Compact is voided by the upcoming referendum, there will be additional fiscal impacts to the City which are outlined below. RECOMMENDATION: 1. Approve a Resolution in Support of the Amended Gaming Compact between the City Council Staff Report December 19, 2007-- Page 2 Gaming Compact Agua Caliente Band of Cahuilla Indians and the State of California (SB957) Torlakson. FISCAL IMPACT: Currently, the City receives gaming mitigation impact fees from the State's "Special Distribution Fund" (SDF), funded from Tribal Casino contributions. In 2007, the City received $1,068,887 from this fund, which has been allocated for additional downtown Police, Fire/Paramedic services and equipment. The new Amended Tribal-State Compact calls for Tribes to coordinate with local police and fire agencies to compensate them for any required local services to mitigate potential gaming impacts — a provision that replaces the SDF. Moreover, by gubernatorial action earlier this year, the current SDF appropriation will be the final distribution. Essentially, a "yes" vote on the Compact Referendum would allow the Tribe's Amended Compact to move forward, including prescribed negotiations between the City and Tribe regarding funding for the mitigation of casino impacts in downtown Palm Springs. A "no" vote on the Compact Referendum would void the Tribe's Amended Compact entirely. David H. Ready, Cit 'r� • RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, IN SUPPORT OF THE 2006 AMENDED GAMING COMPACT BETWEEN THE AGUA CALIENTE BAND OF CAHUILLA INDIANS AND THE STATE OF CALIFORNIA WHEREAS, Governor Schwarzenegger, in good -faith, negotiated and the Legislature approved, with a bipartisan majority, new Indian gaming agreements that will provide to our state more than $9 billion in new revenue over the next two decades, without raising taxes; and WHEREAS, the Agua Caliente Band of Cahuilla Indians is one of four Tribes which have negotiated new agreements with the State of California; and WHEREAS, under these new agreements, the four Tribes will pay a much higher percentage of their net gaming revenues to the state, in exchange for being allowed a limited expansion of slot machines on their existing Tribal lands; and WHEREAS, the State of California continues to face severe budget deficits, and the state struggles to adequately fund our schools, public safety, traffic congestion relief, health care and other vital services; and WHEREAS, the revenues provided to the state under these new agreements will help balance the state budget and pay for enhanced educational opportunities, roads and bridges, public safety and health care—without raising taxes or increasing debt; and WHEREAS, the new compacts require the Tribes to coordinate with local police and fire agencies, to compensate local governments for any local services that are needed, and to resolve disputes with surrounding communities through binding arbitration; and WHEREAS, the new compacts preserve the right of Indian casino employees to be represented by unions chosen through secret ballots, and ensure that the Tribes will comply with environmental review provisions that mirror the California Environmental Quality Act; and WHEREAS, the new compacts are opposed by certain special interests and are spending millions of dollars on a referendum to repeal the agreements between the Tribes and the State of California; and WHEREAS, our state will lase billions of dollars in vitally needed revenues for public safety and other services if the new agreements are repealed; and Resolution No. Page 2 WHEREAS, the self-determination of the Agua Caliente Band of Cahuilla Indians has immensely benefited the communities of the Coachella Valley, the State of California and other American Indian Tribes. WHEREAS, The City of Palm Springs and the Agua Caliente Band of Cahuilla Indians have an ongoing partnership of cooperation which includes infrastructure projects, special events, cultural enrichment and education, public safety service delivery, and Joint Tribal Council/City Council Meetings. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby support the 2006 Amended Gaming Compact between the Agua Caliente Band of Cahuilla Indians and the State of California. SECTION 2. The City Council encourages the immediate and full implementation of the 2006 Amended Gaming Compact between the Agua Caliente Band of Cahuilla Indians and the State of California for purposes of economic benefits to the Coachella Valley written therein. ADOPTED THIS 19r" DAY OF DECEMBER, 2007. David H. Ready, City Manager ATTEST: James Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular Resolution No._ Page 3 • meeting of the City Council of the City of Palm Springs on the 1gt" day of December, 2007, by the following vote: AYES: NOES: ABSENT- ABSTAIN: James Thompson, City Clerk City of Palm Springs, California • 2.U. PROPOSED RESOLUTION IN SUPPORT OF THE AMENDED GAMING COMPACT BETWEEN THE AGUA CALIENTE BAND OF CAHUILLA INDIANS AND THE STATE OF CALIFORNIA (SB957) TORLAKSON: RECOMMENDATION: Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, IN SUPPORT OF THE AMENDED GAMING COMPACTS BETWEEN THE AGUA CALIENTE BAND OF CAHUILLA INDIANS AND THE STATE OF CALIFORNIA (SB957) TORLAKSON. MATERIALS TO BE PROVIDED Item No. 2 • U •