Pauma's casino project worries valley residents

By: EDWARD SIFUENTES - Staff Writer | Monday, September 17, 2007 6:40 PM PDT

PAUMA VALLEY -- For more than six years, local American Indian tribes have built one of the largest concentrations of gambling casinos in the state with relatively little organized opposition from their neighbors.

Until now.

The Pauma Band of Mission Indians' plans to replace its temporary, tented gambling establishment with a $300 million casino and hotel resort have set off a wave of opposition from the rural area's residents.

They've sent letters to state and local officials, complained at meetings, and begun an opposition movement unlike any faced by other casino proposals in North County and Southwest Riverside County.

An activist who heads a statewide gambling watchdog group said Pauma Valley residents are not alone. She said there is a growing number of communities up and down the state that are increasingly upset at the number and size of gambling establishments.

Because of the tribes' status as sovereign nations, local governments have no authority over tribal casino expansions. Some tribes, including Pauma, have signed agreements with the state giving county officials room to negotiate with tribal officials about adding roads and other improvements to minimize the effects of casino development.

Pauma Valley residents say they want to protect the rural character and safety of their community. Some residents said the expanded resort, which would include 2,500 slot machines, a 23-story hotel and a 4,000-space parking lot, would look out of place in the agricultural valley of about 7,000 residents.

"Pauma is a very special community," said Charles Mathews, a resident of the Pauma Valley Country Club located a short distance from the Pauma Indian Reservation. "We don't doubt that the tribe has a sovereign right to build, but it doesn't have to be 23 stories high. We would prefer that the focal point be the beauty of the valley."

Valley residents in and around the country club have attended public meetings to express their outrage at the project. Residents said they are writing a letter, which they plan to release this week, listing their concerns to try to pressure county and tribal officials.

Pauma band officials met with residents late last month to talk about the new casino. Pauma Chairman Chris Devers said the tribe is sensitive to its neighbors' worries.

"The tribe is aware of comments to that effect and will make every effort to have a facility that enhances the character of the community," Devers wrote in a written response to e-mailed questions from the North County Times about neighbors' concerns. "Issues such as height are certainly one consideration and that is the reason why the tribe is soliciting feedback."

The tribe is soliciting comments on the project through its consultant. It held a public meeting on the project last month.

Devers said the casino would also bring jobs and other economic opportunities to the area.

"The Pauma band and its members are also part of this community and want many of the same things our fellow (residents) do. The tribe is committed to making it a better place."

Gambling boom hits region
Since 2000, North County tribes have built five casinos at the Pauma, Pala, Rincon, San Pasqual and Santa Ysabel Indian reservations. The Pechanga Band of Mission Indians near Temecula opened its casino doors in 1995.

Pala, Rincon and Pechanga have expanded their casinos to include hotels, restaurants, shops and concert halls. Most local tribes plan to expand their casinos.

A 178-page report about the casino's environmental impact, written by a consultant for the tribe and required under federal law, looked at the proposed casino's effects on traffic, noise, air quality, public safety and other aspects of life near the project.

It concluded the project would create problems in each of those areas, but also suggested ways to reduce the effects, including road improvements to address traffic safety.

In recent years, California's Indian gambling industry has become one of the largest gaming industries in the world. It generated an estimated $7.7 billion in revenue last year, which accounts for about one-third of the total Indian gambling revenue in the country, according to the Indian Gaming Industry Report by Alan Meister, an economist with the Analysis Group consulting firm in Los Angeles.

Some tribes, such as Pechanga, are taking bold steps to create some of the largest casinos in the country. Pechanga owns a large dining and gambling resort 30 miles north of Escondido in Riverside County. Under a new agreement with the state, Pechanga could expand its operation to include 7,500 slots.

Labor unions and horse racetrack owners are challenging Pechanga and several other agreements in a proposed ballot initiative.

Cheryl Schmit, director of Stand Up for California, a gambling industry watchdog group, said public concern over Indian casinos is increasing.

"All tribes in the state are going to be facing this type of opposition," Schmit said, referring to the residents in Pauma Valley.

Casino expansions aren't angering everyone. In Sacramento, some lawmakers see the expansions as a way to help the state through a budget crunch by pulling in revenue from casinos.

Pauma's expansion project was made possible by a 2004 agreement between Gov. Arnold Schwarzenegger and the tribe allowing an unlimited number of slot machines, which generate most of the revenue for the casinos.

In exchange, the state would receive large fees and required the tribe to negotiate with the county to address off-reservation problems created by the casino. The tribe also is required to meet with residents and give them an opportunity to comment on the project.

Mathews and other residents say they feel left out. Some residents said the meetings have left neighbors with more questions than answers.

"It was not very well organized," Mathews said about the meeting. "It didn't appear to be structured to take seriously the concerns of the community."

Diane Means, a Pauma Valley resident, said she also was frustrated by the process.

"San Diego County is impotent when it comes to dealing with the Indians, they have no power to restrict or restrain their building," she wrote in a letter addressed to the governor. "All we get is 'air space comments, good faith mouthing' but the Indians continue to do what they want while the county goes around in circles because it has no power to deal with the issue."

Supervisor Bill Horn, an outspoken casino critic whose district includes most North County tribes, said there is little the county can do, except try to negotiate with tribes to address off-reservation problems.

"I understand their frustrations," Horn said. "I feel it, too. ... I just don't have any jurisdiction."

No easy fix
Last month, the county's board of supervisors voted to approve an agreement with the Pala band, which owns a large casino 20 miles north of Escondido, that requires to tribe to pay about $38 million primarily for road improvements to Highway 76 and make annual payments for problem gambling and public safety programs.

Among other things, Pauma's environmental review report recommended that the tribe help pay for improvements to ramps connecting Highway 76 to Interstate 15, improve segments of the highway and widen the highway intersection at Pauma Reservation Road.

The study, which is available for review at the tribe's library and the Valley Center Library, estimated that the project would increase traffic on Highway 76 by an average of 4,512 vehicles a day. It estimates that an average of about 11,200 vehicles travel a stretch of the road west of the reservation each day.

Chantal Saipe, the county's tribal liaison, said residents should forward their comments on the project to her and the consultant for the tribe, Tierra Environmental Services. Saipe said public comments could help the county's negotiating team raise community concerns with the tribe.

"It could be that some of the comments bring up issues that we have not thought of, and in that case it would be important information to have when negotiations start with the tribe," Saipe said.

Pauma Chairman Devers said many of the concerns raised by the community, such as traffic and road safety, are complex and involve many state and local agencies. He said the tribe is working with others to address them.

"The Pauma Band cannot simply initiate road improvements," he wrote. "It has (worked), and will continue to work with the local agencies and the county to move the improvements forward, but the process takes time and is subject to contingencies that are beyond Pauma's control."

Some residents said they would like road improvements completed before the casino opens. Karen Warburton, a resident of the Pauma Valley Country Club, said she is worried about local schools and how they may be affected by the increased traffic.

"It's frightening," she said. "It's just frightening."

Residents may submit comments on the project until Sept. 21 to the tribe's consultant, Tierra Environmental Services, at 9915 Business Park Ave., Suite C, San Diego, CA 92131. Letters may also be sent to the county's tribal liaison, Chantal Saipe, at 1600 Pacific Highway, Room 212, San Diego, CA 92101.

Contact staff writer Edward Sifuentes at (760) 740-3511 or esifuentes@nctimes.com.

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dick m wrote on Sep 17, 2007 7:35 AM:you voted for gaming, you got gaming, you didnt say small gaming, thay need a chance to play with the big boys, so dont start [complaining] now.

Stephan wrote on Sep 17, 2007 8:00 AM:I like having the casinos but I do not like that they are so autonomous and without controls. The simple fact that gambling DOES impact the local community negatively, should be enough reason for the local government to have some kind of control over what is going on. There is the traffic issue, which is a big one, but what about the drinking and driving, what about the problem gamblers, what about the fact that there are no sewers or water systems out where the casinos are. Some of the Indian casinos have already pumped the ground water level down to where many locals cannot use it. There are just too many issues for the Indians to be completely running the show. All they care about is their profits and bottom line. Right now they are saying that they are responsible and will cooperate, but as soon as they get what they want, try and get them to comply or play fair. I cannot see it happening. I think they should be heavily taxed and the money used to put back into the community. Not on their terms but by the terms of the local governments. If they do not like it, then the Indians can give up their casinos. Those casinos are extremely lucrative and there is plenty of money to go around. The Indians do not need to be greedy about this. Right now on the Pala Reservation for example, every Indian over the age of 18 gets $75,000 a year. I do not know if that is tax free or not, but a family of four living together is making $300,000 a year for doing NOTHING. That tells you how much money is involved here. We need to regulate these casinos and make them pay their fair share so that the backwoods roads that they are located on can be improved and upgraded to handle the added traffic. So that there can be more police to watch for the drunk drivers and deal with the increased burglaries that will occur from the addicted gamblers stealing to pay for their addiction, etc. It is time that the casinos put back into the community a bit more than their token donations that they hand out on their own terms.

Pauma wrote on Sep 17, 2007 9:15 AM:Residents of Pauma Valley could careless about the Pauma Band of Mission Indians. The Tribe has always been separate from the valley, and the community has made sure of that. To quote a person who is a memeber of the Pauma Valley Country Club does a diservice to the enviornmental report and goals for the Tribe. The Country Club members don't even allow Native Americans to golf on their course, nonetheless be apart of their club. Stick to what the issues are and what the Tribe, via the compact, is requried to do. The only reason Pauma Valley is "special" is becasue of the Pauma Tribe. Go back to your retirment lifestyle, and look for a new place to live because its not going to be too long before the Tribe buys the Country Club.

Whoa Nellie! wrote on Sep 17, 2007 9:32 AM:Land use issues affecting our region are being made by and for many of the wrong reasons. It appears that a very small percentage of local residents (tribal members) have been given the upper hand when it comes to planning the future of rural San Diego County. Casino dollars are dictating changes which have little to do with our quality of life and a lot to do with greedy casino expansion. Citizens have the ability to vote to end what has become a sense of entitlement for a group of Americans whose arrogance about the matter never ceases to amaze.-

kupatribe wrote on Sep 17, 2007 10:43 AM:There was a time when natives didnt want to see the hills full of homes ! so life moves on for all !

Head 'Em Up wrote on Sep 17, 2007 10:59 AM:The story goes deeper. This is a story of the native american people being allowed to prosper and grow. For decades, the Federal Government had a termination additude towards tribes. In the 1980's, tribes figured out how to make it and survive. The tribes had high stakes bingo on their reservations. This new economic engine has led to improve the lives of what were americas poorest people: the first americans. Now that the tribes have turned water into wine and two fish and five loaves of bread into prosperous lives for their members, the government is looking to squash this. I say that the Native American Tribes have figured it out and are making it, let them do it. If you do not want this in your community, do not live near or on an Indian Reservation. It is that simple. If you don't like it, move. Head 'em up and move 'em out. If you dont like it, leave. Any questions?

Tribal casinos could save Iraq! wrote on Sep 17, 2007 11:12 AM:The answer to our problems in Iraq is right here starring us in the face. We should create reservations for the Iraqi tribes (each a sovereign nation). The ones with oil will do fine. All of the others can open casinos that cater to the oil rich regions. Come on America - this is old hat for us. We've got over 200 years experience managing our own tribes.

Paul wrote on Sep 17, 2007 11:19 AM:Many years ago, I voted against this gambling craze! To paraphrase, "What goes on in Las Vegas, should Stay in Las Vegas".

Bob wrote on Sep 17, 2007 11:31 AM:You know, if no one shows up to gamble, these tribes wouldn't have the revenue to build these massive eyesores. Stay away from indian casinos if you want them to eventually go away.

anotherview wrote on Sep 17, 2007 11:39 AM:Economic progress must include tribes, just as it does others. Positive and negative impacts happen from this progress. Both the state and the tribes follow a rational process to address and mitigate identified negative impacts. This process also gives forums and opportunities for others, including ordinary citizens, to have their say one way or the other. But merely expressing vague feelings (upset, frightened, angry, concerned, etc.) does little or nothing to clarify and resolve issues or advance the process. For best results, citizens must offer coherent written comments on the effects of a proposed project. Of course, some citizens will object to nearly any proposed project that may alter the status quo of a community. Others may have an ax to grind. Still others represent a biased interest -- for example, Mrs. Schmidt, a person generally hostile to tribal casinos and also suspected as a paid mouthpiece for Las Vegas interests. And some others reflect a narrow interest -- for example, the labor unions, infuriated because they lost to gaming tribes in the State Legislature on easier unionization. Happily, many others see the positives of a tribal casino. After all, tribal casinos function as economic engines in their communities, creating thousands of jobs for citizens. Tribal casinos buy goods and services in their communities, spreading economic benefit to many others (directly and via increased sales tax revenue). Tribal casinos also send a share of their revenue to the state, a good thing in this era of state budget deficits. As to recent history, President Reagan signed the Indian Gaming Regulatory Act in 1988, opening the way for tribes to enjoy strength and prosperity from tribal gaming operations. In addition, California citizens have twice voted to approve tribal casinos on Indian land. Three governors have negotiated agreements with tribes for their casinos, and the State Legislature has ratified these agreements. Tribal casinos have found a place in the Golden State.

To Silly Bob wrote on Sep 17, 2007 12:03 PM:People aren't going to stay away, these casinos are full of non local people, that's why they have hotels. They don't care what is happening to our back country, and it seems to me we don't either.

Dona wrote on Sep 17, 2007 4:26 PM:I wonder how all of you would feel, if 30 years ago you could look out your window and see beautiful fields, cattle, sheep and rolling hills. Now I see hundreds of cars racing down the road, and they are not all going or coming from the casino's. Think about it for a minute, the casino.s didn't ruin the landscaping, the thousands of home's of homes did.

So sorry wrote on Sep 17, 2007 4:55 PM:I normally side with folks in a rural setting who attempt to save it from urban development. But since the Pauma Valley School district refused to join with the Valley Center School district and accept the full cost for the new high school that was built with funds from an Escondido Union High School Dist. bond, when the two districts broke away from EUHSD. So, the powers that be decided to craft another split -- which leaves Escondido tax payers paying for 25 years for a school that our kids can't attend. And those same power brokers got the State to claim that Escondido would not be allowed to vote on the cozy split because we "are not affected" by it. Anyway ... I can't work up much sympathy for Pauma Valley folks. 454pm

Go INDIANS! wrote on Sep 17, 2007 7:59 PM:Native Americans have the right to do what they want in their own land. I hope their casinos are so successful that they can BUY their own country back! Then we'll remember who are the real illegal aliens!

JillB wrote on Sep 17, 2007 8:03 PM:Hello....."Native" americans...it's their land, they were here before us...why do we think we can tell them what they can do with their land. Did the rich snobby country clubbers ask them if it was ok to put an airstrip in or build houses in their valley...They have said they are going to help fund the road construction, not put in big lights, etc... guess what, they didn't have to...Next time you want to build on your land, let's make sure we make you jump through hoops....

Sovereign wrote on Sep 18, 2007 10:18 AM:Do any of the folks complaining about the lack of control over the Indian casinos and tribal lands understand what the definition of sovereign means? Webster defines sovereign as: “One that exercises supreme authority within a limited sphere.“ The only reason they needed the Governor’s blessing in the first place is because the Indian Gaming Regulatory Act of 1988 requires the gaming tribes to do so and in turn requires the Governor to negotiate “in good faith” a gaming compact with the tribe. Other than that, dealing with a sovereign Indian nation is similar to negotiating an agreement with Mexico or Canada. These are separate nations with separate laws. Any laws on the books for the State of California do not apply to a sovereign nation. This is why the county of San Diego (or any county government for that matter) does not have any control over what happens on the Indian reservation land.

Jason wrote on Sep 18, 2007 2:56 PM:Let the real natives do what they want, I personally consider it a small price to pay for centuries of neglect, starvation, genocide, and at one point in recent history extermination being the acceptable policy. In an ideal country I would trust and elect Native Americans over our so-called politicians in Washington, just based on their core beliefs, which they have followed and taught to younger generations for centuries.

anotherview wrote on Sep 19, 2007 12:47 AM:A misconception has persisted that tribal casinos operate without controls. In fact, tribal casinos must function in accord with federal law, known as the Indian Gaming Regulatory Act. Under it, a national Indian gaming commission oversees tribal gaming. Meanwhile, the FBI, the Department of Justice, the IRS, and the EPA exercise jurisdiction along with some measure of oversight regarding tribal casino activity. The IRS has set up an office in Vista to oversee tribal casinos more closely. The Bureau of Indian Affairs, if only via the tribal government or individual Indians, also acts as trustee and overseer of tribal matters. The State of California issues a license through the Alcohol and Beverage Control agency to a casino serving alcohol on its premises. A tribal government that owns a tribal casino will also oversee its own casino operation via various mechanisms, one being a tribal gaming commission responsible for the integrity of the gaming operation. This commission cooperates with the FBI, the DOJ, and responsible state agencies. After all, a tribe will want to run a squeaky clean casino. As to control, a local government cannot impose its will on a tribal government or its tribal casino business for the simple reason that tribal governments, like the state and federal governments, enjoy sovereignty, meaning the power of independent self-government. This tribal sovereignty pre-dates the U. S. Constitution, and stretches to time immemorial. Hence, out of its ancient authority as a self-governing entity, a tribe interacts with other governments on a government-to-government basis. Tribes, however, typically co-exist with a local community, and respond naturally to local concerns. Recent tribal-state gaming compacts in fact require tribes to confer with local government to agree on ways to offset the various impacts from the presence of a casino. As to taxation of tribes, please know, dear reader, that governments (federal, state, and tribal) do not pay taxes. Instead, individuals and corporations pay taxes. Tribal casinos, however, do share gaming revenue with the state via a mutual agreement. Tribal casino employees also spend their paychecks off-reservation, which in turn generates local sales taxes. And so on. The per capita payments that tribal members usually receive come from the operating profits of the casino. Please know, dear reader, that tribal members collectively own a business, and thus collectively share in its earnings, just as any other business owners would. Further, tribal members do engage in an occupation as business owners, usually by always looking after their business in one way or another (not necessarily visible to others outside the tribe), by attending tribal meetings where the tribe may set policy governing the casino activity, by electing officials who serve in important positions that involve the casino, and in other ways. Even collective ownership of a casino requires conscious, active concern from individuals to ensure successful casino operation. Finally, yes, tribal casinos may come with some clear negatives, but then the responsible parties must carefully identify and address them for satisfactory results. On the whole, tribal casinos bring a positive economic activity to their communities, beneficial to many.-

Adams Road Resident wrote on Sep 19, 2007 9:33 PM:Since all of us non-Indiands are required to put hard earned tax money into the Welfare and Social Security system that provides for our poor and needy, it only seems right that the excess money that the Indian gaming industry generates should be shared among other poor tribes that do not have the means or land to build casinos. Why do they not share their good fortune with other poor tribes in the nation? Is it that they are too greedy?

native wrote on Sep 27, 2007 12:35 AM:ALL you people need to STOP complaining about OUR casinos....all the wining is getting OLD!! get over it... the casinos are here and their not going anywhere!! STOP HATING ALREADY....sheesh!

jazzguy wrote on Sep 27, 2007 5:34 PM:maybe they'll start providing more entertainment jobs, arts, culture, live music, but how are people going to get home? the public transportation should be addressed before the state of CA uses all the DUI revenue to subsidize state employee pensions rather than helping reduce fatalities as people come/go from Escondido. jobs and safety are my vote.

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