PREPARED BY: MATT RODRIGUEZ DATE OF MEETING: 12/09/2024
SUBJECT:
TITLE
CONSIDER CITY COUNCIL AUTHORIZATION TO RATIFY A PUBLIC COMMENT LETTER TRANSMITTED ON NOVEMBER 19, 2024 BY SAN PABLO MAYOR PONCE TO VALLEJO MAYOR AND CITY OF VALLEJO CITY COUNCIL REGARDING VALLEJO CITY COUNCIL AGENDA ITEM NO.9-E - ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A COOPERATIVE AGREEMENT WITH THE SCOTTS VALLEY BAND OF POMO INDIANS OF CALIFORNIA RELATING TO THE PROPOSED APPLICATION TO PLACE LAND WITHIN THE CITY OF VALLEJO IN TRUST FOR THE BENEFIT OF THE TRIBE (POSTED FOR NOVEMBER 19, 2024)
CEQA: This proposed action is not a project as defined by CEQA.
Label
CITY MANAGER RECOMMENDATION
Recommendation
Authorize by Minute Order
Body
Compliance statements
FY 2023-25 Council Priority Workplan Compliance Statement
Major Policy Goal: Build a Healthy Community is an adopted policy 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
Following policy discussion via minute action by the San Pablo City Council on August 5, 2024, the City of San Pablo continues to monitor the large-scale Class III Native American gaming facility currently proposed by the Scotts Valley Band of Pomo Indians (Scotts Valley Tribe) within the incorporated limits of the City of Vallejo, CA.
Previous City Council Direction from August 5, 2024
On August 5, 2024, following transmittal of an official public comment letter on July 22, 2024 to the US Department of Interior and Bureau of Indian Affairs (DOI/BIA) regarding the need to provide an extensive environmental review of all associated environmental and socio-economic impacts under a full, comprehensive Environmental Impact Statement (EIS), under NEPA, and after meeting with all US Senatorial and Congressional representatives to express the City’s ongoing concerns regarding the impacts of this proposed large-scale, Class III proposed gaming facility in Vallejo, CA on other agencies and stakeholders, the City Council authorized the City Manager to proceed with the following actions via minute action vote, as follows:
1) Ratified approval of letter transmitted from Mayor Ponce to US Department of Interior / Bureau of Indian Affairs (BIA) transmitted on July 22, 2024; and
2) Ratified approval of letters transmitted from Mayor Ponce to US Senators Alex Padilla, Laphonza Butler, and US Congressional Representative Adam Schiff on July 24, 2024; and
3) Directed the City Manager and designated staff to work with the Casino/Tribe Ad-Hoc Subcommittee (Mayor Ponce; Vice Mayor Cruz) to draft an appropriate policy amendment for incorporation into the FY 2023-25 City Council Priority Workplan to include the following recommended policy items (a-d listed below):
a. Continue efforts to support a full, comprehensive EIS to be conducted under NEPA by the US Department of Interior and BIA officials;
b. Continue coordination with the City’s lobbyist, Townsend Public Affairs, regarding expressing the City’s major concerns to US Federal, State of California, Contra Costa County, and local elected officials in the East Bay region;
c. Continue efforts to support the current City of San Pablo and Lytton Rancheria Band of Pomo Indians/San Pablo Lytton Casino ongoing 25-year economic partnership via the adopted Municipal Services Agreement (MSA) since 1999; and
d. Develop a future, formal opposition policy statement via Resolution for future consideration.
The City Manager will be scheduling ongoing meetings with the Casino/Tribe Ad-Hoc Subcommittee (Mayor/Vice-Mayor) to discuss consideration of any future policy amendment for the City Council to formally amend the FY 2023-25 Council Priority Workplan for Item No.3 above.
City of Vallejo Cooperative Agreement Authorization
On November 19, 2024, the Vallejo City Council considered and unanimously approved (7-0 vote) Agenda Item No.9-E, which authorized Vallejo city staff to proceed with formal negotiations under a proposed Cooperative Agreement between the City of Vallejo and Scotts Valley Band to facilitate an environmental impact analysis and binding mitigation for the proposed project and its effect on their local community. Concurrently, the Scotts Valley Tribe continues their efforts to obtain all necessary federal government approvals from the US Department of Interior and Bureau of Indian Affairs (DOI/BIA) regarding their federal fee-in-trust land application to facilitate this large-scale casino project development in Vallejo, CA under the provisions of the Federal Indian Gaming Regulatory Act of 1988 (IGRA) (PL. 100-497, 18 U.S.C. §§ 1166-1168 and 25 U.S.C. § 2701 et seq.).
Assuming a Cooperative Agreement is successfully negotiated, and all environmental analysis and mitigation are deemed complete by a DOI/BIA determination under NEPA, then an Intergovernmental Agreement would be likely considered between the City of Vallejo and Scotts Valley Band to formalize binding mitigation to protect the City of Vallejo’s interests, and recognize the importance and need to address various topics of mutual interest and concern between the City of Vallejo and Scotts Valley Band. Those topics would likely include, but are not limited to the following: water infrastructure; existing and potential future easements and supply capacity related to same; wastewater, sewer, and storm drainage easements and capacity; vehicle and emergency vehicle access to the Project Site; transportation infrastructure and capacity; public safety capacity and response; and any other environmental impact area potentially affecting the City, its residents, businesses, and visitors.
State of CA Gaming Compact Regulations
Under current adopted State of CA Gaming Compact regulations, the State of CA offers to any Indian tribe that is formally recognized by the US Secretary of the Interior, and eligible for gaming under the IGRA, the opportunity to enter into a Gaming Compact with the State, allowing for a new, Class III gaming enterprise in CA. Historically, the State of CA has signed and ratified Tribal-State Class III Gaming Compacts that are currently in effect with 67 Tribes in CA pursuant to State of California Code, Government Code § 98004. Notably, as a Class II gaming facility, the San Pablo Lytton Casino is not required to have a State Gaming Compact.
City of San Pablo Letter of Concern to Vallejo City Officials
On November 19, 2024, a letter of concern, signed by Mayor Ponce, was transmitted to Vallejo Mayor McConnell and the Vallejo City Council. That letter outlined the City’s continued concerns regarding Vallejo City Council Agenda Item No.9-E scheduled before the Vallejo City Council on the same date. The City of San Pablo, in the spirit of good governance and intergovernmental cooperation among local cities, stressed the need for a full, comprehensive environmental review, inclusive of an Environmental Impact Statement (EIS) under NEPA, to be conducted by DOI/BIA officials for this large-scale Casino project. Additionally, as further indicated in our attached letter, the City of San Pablo also urged Vallejo City officials to proceed with its due diligence on including a review of all associated environmental impacts, including socio-economic and financial impacts of this project, on the City of San Pablo which maintains a similar Municipal Services Agreement (MSA) partnership with the Lytton Rancheria Band of Pomo Indians who own and operate Casino San Pablo. Casino San Pablo provides nearly 65% of the City’s annual General Fund revenues to sustain critical municipal services to our local, socio-disadvantaged community and its local residents (See Attachment).
City Manager Recommendation
Therefore, on behalf of the San Pablo City Council, following transmittal of said official comment letter from San Pablo Mayor Ponce to Vallejo Mayor McConnell and the Vallejo City Council on November 19, 2024, the City Manager requests that the City Council ratify said letter transmitted for formal consideration by majority vote via minute action authorization this evening (See Attachment).
FISCAL IMPACT
There is no financial impact to the City at this time.
ATTACHMENTS:
Att A - Letter transmitted on 11/19/24 from San Pablo Mayor Ponce to Vallejo Mayor
McConnell and Vallejo City Council Re: Comment letter on Vallejo City Council Agenda Item No.9 - E. Adopt A Resolution Authorizing the City Manager to Execute a Cooperative Agreement with the Scotts Valley Band of Pomo Indians of California Relating to The Proposed Application to Place Land Within the City of Vallejo in Trust for the Benefit of The Tribe.