HomeMy WebLinkAbout10-024 CC Resolution RESOLUTION NO. 10 -24
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING THE
"INTERGOVERNMENTAL AGREEMENT" BETWEEN THE
PECHANGA BAND OF LUISENO INDIANS AND THE CITY
AND APPROVING THE "MEMORANDUM OF
UNDERSTANDING CONCERNING LAW ENFORCEMENT
SERVICES AT PECHANGA CASINO" BETWEEN THE
PECHANGA BAND OF LUISENO INDIANS, CITY,
COUNTY OF RIVERSIDE AND THE SHERIFF OF THE
COUNTY OF RIVERSIDE
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS
FOLLOWS:
Section 1. The City Council of the City of Temecula does hereby find,
determine and declare as follows:
(a) The Pechanga Band of Luiseno Indians ( "Tribe ") is a federally -
recognized Indian Tribe located on federal Trust Lands which are located just south of
the City boundaries.
' (b) Under the federal Indian Gaming Regulatory Act ( "IGRA "), the Tribe
may engage in gaming as a means of promoting Tribal economic _development, self -
sufficiency and strong Tribal government. IGRA generally requires that Class III gaming
(Las Vegas style) be conducted pursuant to a Tribal -State Class III gaming compact.
(c) On September 10, 1999, and effective in May, 2000, the Tribe
entered into a gaming compact with the State of California, as contemplated under
IGRA.
(d) In August 2006 the 1999 Compact was amended by the Legislature
and approved by a vote of the people of California at a referendum election in February;
2008 and effective in March 2008 ( "2008 Amended Compact').
(e) The original 1999 Compact authorized the Tribe to have 2,000 of
the Class III (Las Vegas style) gaming devices in the Casino plus an additional 1,600
Class II (bingo style gaming devices.
(f) The 2008 Amended Compact authorizes the Tribe to provide up to
7,500 of the Class III gaming devices. Recognizing the potential off - reservation impacts
of an expansion of the gaming, Section 10.8.8 of the 2008 Amended Compact requires
that the Tribe enter into "intergovernmental agreements" with cities and counties
affected by the gaming operations of the tribe. The Tribe now has approximately 4,200
' gaming devices in the Casino. Staff has been working with Tribal representatives to
develop the mitigation measures described in the Intergovernmental Agreement and the
Law Enforcement MOU in order to fulfill the mandates of the 2008 Amended Compact
and to enable the Tribe to continue is existing gaming operations.
' Section 2. The City Council of the City of Temecula hereby approves that
certain agreement entitled "Intergovernmental Agreement" between the Pechanga
Band of Luiseno Indians and the City of Temecula ( "Intergovernmental Agreement ")
with such changes in such Intergovernmental Agreement as may be mutually agreed
upon by the Tribe and the City Manager as are in substantial conformance with the form
of such Intergovernmental Agreement on file in the Office of the City Clerk.
1) The Mayor is hereby authorized to execute the
Intergovernmental Agreement on behalf of the City in said form.
2) A duplicate original of the final Intergovernmental Agreement
when executed by the Mayor and the Tribe shall be placed on file in the Office of the
City Clerk.
3) The City Manager (or his designee), is hereby authorized, on
behalf of the City, to take all actions necessary and appropriate to carry out and
implement the Intergovernmental Agreement and to administer the City's obligations,
responsibilities and duties to be performed under the Intergovernmental Agreement and
related documents, including, but not limited to, the approval and execution on behalf of
the City of such certifications, approvals of traffic data collection and traffic studies and
such other operating agreements and documents as contemplated in the
Intergovernmental Agreement or as otherwise necessary and convenient for the
' implementation of the City's right and obligations under the Intergovernmental
Agreement.
Section 3. The City Council of the City of Temecula hereby approves that
certain agreement entitled "Memorandum of Understanding Concerning Law
Enforcement Services at Pechanga Casino" between the Pechanga Band of Luiseno
Indians, City of Temecula, County of Riverside and the Sheriff of the County of
Riverside ( "Law Enforcement MOU ") with such changes in such Law Enforcement MOU
as may be mutually agreed upon by the Tribe and the City Manager as are in
substantial conformance with the form of such Law Enforcement MOU on file in the
Office of the City Clerk.
1) The Mayor is hereby authorized to execute the Law
Enforcement MOU on behalf of the City in said form.
2) A duplicate original of the final Law Enforcement MOU when
executed by the Mayor and the other parties shall be placed on file in the Office of the
City Clerk.
3) The City Manager (or his designee), is hereby authorized, on
behalf of the City, to take all actions necessary and appropriate to carry out and
implement the Law Enforcement MOU and to administer the City's obligations,
responsibilities and duties to be performed under the Law Enforcement MOU and
related documents, including, but not limited to, the approval and execution on behalf of
the City of such certifications, approvals of traffic data collection and traffic studies and
such other operating agreements and documents as contemplated in the Law
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Enforcement MOU or as otherwise necessary and convenient for the implementation of
' the City's right and obligations under the Law Enforcement MOU.
Section 4. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this g` day of March, 2010.
/ Jeff Comerchero, Mayor
ATTEST:
Susan . Jo es, MMC
City Cler
[SEAL]
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' STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 10 -24 was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 9 th day of March, 2010, by the
following vote:
AYES: 5 COUNCIL MEMBERS: Edwards, Naggar, Roberts, Washington,
Comerchero
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
7 Susa W. Jones, MMC
City Clerk
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