Calexico Municipal Code Ch. 13.38 Calexico-Manzanita Tribe Economic Development Partnership

The city council is authorized to enter into an intergovernmental services agreement with the Manzanita Band of the Kumeyaay Indians (hereafter "the Tribe") for the construction and operation of a gaming and entertainment resort in the city of Calexico, subject to the terms and conditions described in Section 13.38.020 of this chapter.

(Ord. 1019 § 1 (part), 2005)

Notwithstanding the provisions of Title 9 of the Calexico Municipal Code, the city may enter an intergovernmental services agreement to provide services including, but not limited to, police, fire, emergency medical services, sewer, water, utilities, and other services or easements necessary for the construction and operation of a gaming and entertainment resort by the tribe. In consideration for providing such services, and intergovernmental services agreement shall require the tribe to agree to the following terms:

A. Fair Compensation for Services Provided.

1. To assure that the city is fairly compensated for any increased cost for providing services to the gaming and entertainment resort, the intergovernmental services agreement shall include an agreement by the tribe for the payment of reasonable compensation for law enforcement, fire protection, emergency medical services and any other public services or use of public facilities to be provided by the city as a consequence of the construction and operation of the facility.

B. Job Creation.

1. To assure that the construction and operation of the gaming and entertainment resort benefits the citizens of the city, the intergovernmental services agreement shall include the following:

a. To the extent permitted by state and federal law, the tribe shall agree to offer employment opportunities to qualified and eligible residents of Calexico;

b. To the extent permitted by state and federal law, the tribe shall agree to offer contracting opportunities to qualified and eligible Calexico businesses and vendors.

C. Environmental Mitigation.

1. To assure the protection and adequate mitigation of environmental impacts on the surrounding environment caused by the gaming and entertainment resort, the intergovernmental services agreement shall require the tribe to prepare and issue a Tribal Environmental Impact Report ("TEIR") which shall include a detailed statement of the following:

a. All significant effects on the environment of the proposed gaming and entertainment resort ("the Project");

b. In a separate section: (i) any significant effect on the environment that cannot be avoided if the project is implemented; and (ii) any significant effect on the environment that would be irreversible if the project is implemented;

c. Mitigation measures proposed to minimize significant effects on the environment; and

d. The feasibility and effectiveness of such mitigation measures on minimizing significant effects on the environment.

2. The intergovernmental services agreement shall require that before commencement of the project and no later than the completion and issuance of the final TEIR, the city and the tribe shall agree to provide for the timely mitigation of any significant effect on the environment (which effects may include, but are not limited to, aesthetics, agricultural resources, air quality, biological resources, cultural resources, geology and soils, hazards and hazardous materials, water resources, land use, mineral resources, traffic, noise, utilities and service systems and cumulative effects); where such effect is attributable, in whole or in part, to the project, unless the parties agree that the particular mitigation is infeasible, taking into account economic, environmental, social, technological or other considerations.

D. Compliance with State and Local Building Codes.

1. To assure the protection of the health and safety of all gaming facility patrons, guests, and employees, the intergovernmental services agreement shall require the tribe to adopt and maintain its own building and safety ordinance that meets or exceeds the building and safety code standards of Title 15 of the Municipal Code.

(Ord. 1019 § 1 (part), 2005)

The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

(Ord. 1019 § 1 (part), 2005)