PREPARED BY: MATT RODRIGUEZ DATE OF MEETING: 02/18/2025
SUBJECT:
TITLE
CONSIDER FORMAL CITY COUNCIL AUTHORIZATION TO ACTIVATE THE TEMPORARY AD-HOC SUBCOMMITTEE RELATED TO POLICY MATTERS REGARDING THE CASINO SAN PABLO/LYTTON RANCHERIA BAND OF POMO INDIANS FOR CALENDAR YEAR 2025 PURSUANT TO RALPH M. BROWN ACT REQUIREMENTS; AND RECOGNIZE THE PREVIOUS COUNCIL ASSIGNMENT OF MAYOR CRUZ AND VICE MAYOR PABON-ALVARADO PURSUANT TO ADOPTED RESOLUTION 2025-012
CEQA: This proposed action is not a project as defined by CEQA.
Label
CITY MANAGER RECOMMENDATION
Recommendation
Approve by Minute Order
Body
Compliance statements
City Council Ad-Hoc and Standing Committees are not adopted policies contained in the FY 2023-25 Council Priority Workplan, effective May 1, 2023.
CEQA Compliance Statement
This proposed action is not a project as defined by CEQA.
BACKGROUND
Pursuant to San Pablo Municipal Code Section 2.16.070, the Mayor makes recommendations to all City Council committee assignments, which are then affirmed by majority vote of the City Council to become effective. On January 21, 2025, the City Council approved all City Council assignments for Calendar Year (CY) 2025 by majority vote via Resolution 2025-012.
New City Council Ad-Hoc Subcommittee (CY 2025)
On January 21, 2025, the City Council adopted all City Council Assignments for Calendar Year 2025 (CY 2025) via Resolution 2025-012 pursuant to the requirements of San Pablo Municipal Code Section 2.16.070.
Casino San Pablo/Lytton Tribe Ad-Hoc Subcommittee Activation for CY 2024
Previously, on January 21, 2025, via Resolution 2025-012, the City Council recognized there may be a future operational need to formally activate the Temporary City Council Ad-Hoc Subcommittee to address Casino San Pablo/Lytton Tribe policy matters. At the original January 2025 Council adoption, it was acknowledged on Exhibit A of the City Council Assignments for CY 2025 document that Mayor Cruz and Vice-Mayor Elizabeth Pabon-Alvarado would be formally assigned to this Ad-Hoc Subcommittee to represent the City Council on these policy matters in the event there was a pressing, operational need to do so during CY 2025, and whose composition reflected the current leadership of the City Council for protocol purposes.
CY 2025 Operational Activation
For CY 2025, due to new policy developments, the City Manager recommends formal activation of this Temporary Ad-Hoc Subcommittee to work directly with the City Manager, City Attorney, and designated staff on any and all policy matters related to the following:
• Future Casino San Pablo MSA Modification and/or Expansion of Current Casino Operations; and/or
• New Economic Threats from new Casinos proposed in the Bay Area Region which impacts the City’s economic partnership pursuant to adopted provisions in the adopted Municipal Services Agreement (MSA) between the City of San Pablo and Lytton Rancheria Band of Pomo Indians.
New Scotts Valley Band of Pomo Indians Proposed Vallejo Class-III Casino Project
On January 10, 2025, the US Department of Interior (DOI) / Bureau of Indian Affairs (BIA) approved the Fee-to-Trust Application and Part 292 Determination pursuant to DOI’s regulations under 25 C.F.R. Part 151 and Part 292, IRA and IGRA, and concluded that Scotts Valley Band of Pomo Indians’ (Scotts Valley Band) application meets all of the DOI regulatory requirements to be acquired in trust as a restoration of land for a restored tribe (See Attachment).
Unfortunately, the recent DOI/BIA determination paves the way for the Scotts Valley Band to develop a new, Class-III gaming facility on a 128-acre site, located approximately 16 miles away from the San Pablo Lytton Casino in the City of Vallejo, CA. Additionally, DOI/BIA officials certified the Environmental Assessment (EA) conducted for the proposed Vallejo Class-III gaming project, and made a Finding of No Significant Impact (FONSI) under the National Environmental Policy Act (NEPA) requirements despite the City of San Pablo’s lengthy comment letter transmitted on July 22, 2024 strongly urging DOI/BIA officials to require the preparation of an appropriate Environmental Impact Statement (EIS) focused on the potentially significant impacts of the proposed project, including socio-economic conditions and environmental justice, land use, geological stability and wildfire hazards, public services and utilities, transportation and circulation, air quality, biological resources, and cultural resources.
As a result of the DOI/BIA determination, the proposed Vallejo Class-III gaming facility project poses a significant economic and fiscal impact to San Pablo Lytton Casino, and the City of San Pablo under the current MSA between the City and Lytton Rancheria Band of Pomo Indians. Based on DOI/BIA projected analysis contained in the EA document, once constructed and operational, a projected (-20%) reduction in annual Casino gaming revenues to the San Pablo Lytton Casino would result from the Vallejo Class-III gaming facility corresponding to a potential (-$8 to -$10M) loss in annual critical local funding to the City’s General Fund Operating Budget which will affect future City program and service delivery to the San Pablo community.
Ralph M. Brown Act Requirements
All Temporary Ad-Hoc Subcommittees formally established by the City Council have a limited duration of assignment and purpose due to Ralph M. Brown Act requirements. The Temporary, Ad-Hoc Subcommittee established for this purpose will be dissolved upon conclusion of all necessary business by December 31, 2025, or as otherwise extended if necessary.
FISCAL IMPACT
None associated with this report.
Attachments:
(1) Exhibit A - City Council Assignments for CY 2024 (Adopted 01/21/25)
(2) US DOI/BIA Determination Letter issued 01/10/2025 re: Scotts Valley Band of Pomo Indians Restored Lands/Fee-to-Trust, and Part 292 Determination