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County, Tribe at odds over casino expansion

01/07/2009 By KARLA HERNANDEZ The Daily Democrat

A third party might enter the picture regarding casino expansion talks between Yolo County and the Rumsey Band of Wintun Indians.

The two groups have been meeting for several months to negotiate the Tribe's plans to expand Cache Creek Casino Resort off Highway 16 in Brooks, but there has been little progress, according to a Yolo County press release.

Yolo County Counsel, Robyn Drivon, said that an arbitrator will be chosen by following the procedures outlined by the American Arbitration Association. The Tribal-State Compact requires the use of the association.

Drivon said that during negotiation both sides submitted written offers, but could not find a middle ground. The deadline to submit the offers was Jan. 5.

Written offers will now be submitted to an arbitrator, but it will take at least 45 days to get the process going, she said. The compact permits a 30-day window for the arbitrator selection process. Following the selection, a hearing must occur within 15 days.

The types of meetings between the County and the Tribe have varied, Drivon said.

"Regular is not a word that is applied," she said.

Drivon said that some meetings included Supervisor Mike McGowan and Marshall McKay, tribal chairman. Engineering teams attended other meetings to try to calculated the expansion's effect on traffic.

In addition to traffic services, the expansion would increase demand for water services, police and fire protection, according to the County press release. Expansion plans include increasing the number of hotel rooms from 200 to 694 and adding more than 500 slot machines. The proposed expansion rise the total size of the casino to 1,225,557 square feet.

"Yolo County along with the Sacramento Valley are, in effect, victims of intense competition between three massive casinos each vying to become the largest and most profitable," McGowan said in the press release. "Unfortunately, these aggressive expansions can undercut local governments' ability to maintain adequate levels of service and efforts to retain their rural character, especially in communities, such as Yolo County."

However, Randy Takemoto, general manager of the casino, said in a press release that the expansion will have a positive effect on the county by creating approximately 1,000 new jobs and putting in nearly $90 million into the economy.

He said that the Tribe submitted a written offer that went above and beyond its legal obligations under the compact. The offer included detailed ways in which it would enhance such services, such as, transportation, law enforcement, and education.

"The Tribe also has offered to pay the County for tax revenues it would otherwise recover from the Tribe's business if it were not a sovereign entity," Takemoto said.

Despite the Tribe's offer to pay tax revenues, it is a complex issue with both similarities and differences between each party's viewpoint.

Drivon said that the County and Tribe do not disagree on all terms. There is no debate on the $3.4 million that the Tribe will give County each year.

However, she said that part of the dispute lies on when the money will be given to the County, in addition to how to handle increased traffic.

While an arbitrator may be needed, Drivon said that there is a possibility for talks between the County and Tribe to continue and reach an agreement before an arbitrator steps in.

"It's never in anyone's best interest to go all the way to battle," she said.



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