JAMUL RESIDENTS OPPOSE TRIBE'S PLAN FOR HOLLYWOOD-STYLE CASINO: “NOT HERE, NOT NOW, NOT EVER”

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By Nadin Abbott and Tom Abbott

Photos by Tom Abbott

June 7, 2013—(Jamul)  A full house of  600 Jamul residents came to a meeting on June 5 to hear a presentation by Penn International Representatives, the latest company engaged by the Jamul Indian Village hoping to build a gaming facility for the Jamul Indian Village, part of the Kumeyaay Nation.

The project has generated widespread community opposition, pitting Native American sovereign rights and economic prosperity against concerns of neighbors over traffic, fire, and rural community character.  All but one of the residents who testified opposed the project, despite efforts by the tribe to sharply scale back its original proposal.

The community

Jamul is a small town south of Spring Valley. According to the 2010 census data Jamul has a population of 6,163, up from 5,920 in 2000. Jamulians, as many here call themselves, are proud of their community’s rural character. People move to Jamul to escape big city living and to avoid traffic jams and crowds.

Jamul is accessed through State Route 94, also known as Campo Road. This section of road is a narrow, two-lane non-divided road. It is, by any accounts a very dangerous road with many accidents. In case of major wildfires, it is also the evacuation route from Jamul, as well as the access route for Cal Fire and other fire fighting units. It is also a high threat area according to Cal Fire. View fire risk map:http://frap.cdf.ca.gov/webdata/maps/san_diego/fhszs_map.37.pdf

Background on casino

The casino was first proposed in 1999 as a much larger facility. But the current version is being proposed on sovereign tribal land (photo, right). This is an independent nation, and while there are regulatory effects on the lands around the casino, the casino itself is under federal jurisdiction. This is a critical point that at times is missed in the discussion.

The National Indian Gaming Commission regulates Indian casinos, since the tribe is considered a sovereign nation. Ray Hunter, Jamul Indian Village Tribal Chairman in fact confirmed this, “we have an application with the National Indian Gaming Commission, the NICC; they are the ones who give us the green light.”

The tribe’s goal is to finish construction is to finish construction in 2013.

Why has the Jamul Indian Village, a band of the Kumeyaay Nation, been fighting to get a casino inside their reservation starting in 1999? Why would they do this in the face of extreme local opposition?

The reasons given by the tribe in the Environmental Evaluation are as follows: develop a gaming facility that will turn tribal land into a productive economic use, and create a central place for community events, though the events floor has been removed from the plans.

But the most critical part of the plan is to “strengthen tribal government, with a long term, sustainable revenue base able to support and fund a variety of social, governmental, administrative, educational, health and welfare services to improve the long-term welfare and quality of life of the tribal members.”

http://jamulindianvillage.com.ismmedia.com/ISM3/std-content/repos/Top/Enviromental%20/Documents/1.%20TOC-Sec3.0.pdf

The plan has been revised down and scaled down from what it was intended to be back in 1999. The original plan was not just physically larger. At one point the tribe sought more land turned over in trust for the reservation for a highrise hotel and casino. The new plan calls only for a three-story casino, partially hidden behind a berm and setback from the roadway.

Leaders and community members speak out

Supervisor Dianne Jacob joined Jamulians who oppose the casino, and before the formal meeting began she addressed the press. Hear audio of Supervisor Jacob.

 Jacob was clear that she believes this casino does not belong in Jamul. She also objected to the tribe’s plan for a Hollywood themed casino, which residents say does not fit the natural environment around us.

In her mind this casino will bring “additional people into a very rural area.” This will strain, water, sewer and emergency medical services.” She emphasized that this project is “not suited for this area.”

Jacob added that the tribal members have been offered alternatives, including building the casino on another reservation, such as Viejas, but they have rejected every alternative offered to them.

Traffic is a key concern.  The tribe estimates 10,000 trips daily will be added to State Route 94—levels that are bound to increase the number of accidents on this already crash-prone route.  According to Jacob, 18 fatalities have occurred on this stretch of State Route 94 over the past 10 years.

Jamul Tribal Chairman Raymond Hunter, Sr.  spoke with media before the meeting. Hear audios of Chairman Hunter (audio 1 and audio 2). He said the tribe is willing to do road improvements, such as widening roads, or stop signs, or other appropriate mitigation efforts. 

“Traffic is the only environmental issue that has residual impacts after mitigation,” the tribe’s environmental document states.  

Chairman Hunter was adamant. “We are going to have a casino. This is for us, it is better for the tribe, it will create jobs, and lead to health insurance,” he insisted.

Over 600 Jamulians attended the meeting itself and the room was packed. It was at times a hostile audience that representatives from both Penn Gaming and Summit Project Management came to address.

Steve Davis of Summit and Jay Snowden of Penn International described  their intended plans to Jamulians. According to Davis, Penn International has built projects almost this small in the past. They also “have 29 facilities in 19 jurisdictions.” He emphasized that they are “experienced with tribal gaming.” 

Davis was also part of the team that opened the Harrah’s facility in 2002 in the Rincon Casino. That facility had similar challenges, including the road improvements, noise issue and habitat protections This is relevant since the reservation is bordered by the Rancho Jamul Ecological Preserve.

http://www.dfg.ca.gov/lands/er/region5/ranchojamul/

He also admitted that “no project is without warts and challenges.” He emphasized that open communications are essential. He also explained that the Hollywood casino is their brand, and it is aimed as a golden age of Hollywood with plenty of memorabilia.

Davis emphasized that they expect to generate 2500 jobs during the construction phase. The tribal document talks of hundreds of permanent local jobs, the precise number depends on the size of the final project.

Janet Mulder, a member of the Jamul-Dulzura Planning Group came next, carrying the thick tribal document. She emphasized that she “read all that she was given.” She added, “We did not agree with it, especially traffic.”

Mulder thanked the team for recognizing that they would have to remove far more land than originally estimated. This translates to “60 truckloads a day,” and that means and average of 300 extra daily trips over the nine months that the construction is expected to take place.

Mulder took issue with the California Department of Transportation (Cal-Trans). She reminded the audience that Cal-Trans assured the community in the past that no work could begin until the California Environmental Quality Act (CEQA) was met. No work could start either until there was “a traffic management plan.”

She did point out that the Jamul Estates development was held to very high standards, and had to fix its access trough Melody road. This happens to be the access to Reservation Road on the other side of SR-94. Mulder also pointed out that the CalTrans information might be wrong, as it includes full bike lanes that are not there.

Her main point was that “all accesses, except for Melody, will impact the area negatively.” She closed by saying that this project was not a good idea, “not here, not now, not ever.”

Michael Casinelli, also a member of the Planning Group, echoed Mulder. He reminded the audience that the Planning Group has sued CalTrans “for not doing the CEQA review.” He also echoed Mulder that they were promised that the project could not start until that review was done, and that it was puzzling that Cal Trans is treating the reservation at a much lower standard than a private contractor.

Casinelli also told the audience that Caltrans refused the invitation to attend the meeting. But he reminded the audience that the state agency does not expect to have to foot all the bill for mitigation needs due to increased traffic and voiced doubts that Caltrans would not adequately fund mitigation.  “We should be concerned,” he concluded, adding, “This will not happen in our lifetimes, or that of our children.”

Ray Deitchman, also a member of the Planning Group, echoed the other two members of the board. He said that he moved to Jamul twelve years ago from Chula Vista “looking for a different quality of life.”

He said that the Environmental Report was provided to the Board on December 20, 2012. This is four days before Christmas. The Board still worked through the holidays to produce a response that was not wanted or expected. They were told that the report “was provided as a courtesy, but that it was the final report.”

Increased risk of fire danger is another community concern.  But Deitchman said there is as of yet no agreement with the tribe regarding fire services. The plan includes a fire station, which will have engines and a ladder truck. But if there is no mutual aid agreement, all that gear will only be used within the reservation.

Deitchman also raised the issue of noise. Jamul is a back country rural community. It is very quiet at night. He raised the issue of noise pollution from mechanical equipment needed to run this facility. He pointed out also that while the casino will have a facility to process waste water, what happens when something goes wrong, and it has to go down stream?

Air quality was also an issue raised, especially during the construction, as residents contended the project is inconsistent and incompatible with the rural area in Jamul.

Lou Russo, Chairman of the Board for San Diego Rural Fire District, said that he and the media present were the only ones “with no dog in this fight.” He said that Chief David Nissen (who was up in Los Angeles fighting a fire) was given a proposal for a mutual aid agreement.

The agency “is a professional organization,” and he expects a report back from Chief Nissen at the July 9 meeting at their headquarters. He assured residents that San Diego Rural was a professional organization and decisions would be taken as far as fire protection is concerned.

San Diego Rural has been asked by the County to dissolve under LAFCO, so any agreements might have to be renegotiated if San Diego Rural dissolves and joins the County Fire Authority.

http://www.eastcountymagazine.org/node/13196

Another member of the community read a letter by Eileen Poole, Principal of Steele Canyon High School, who could not be there. Poole raised the issue of new drivers, her students, and 10,000 extra drivers on those roads, some of them drunk. (The Casino is expected to serve alcohol).

In her letter she mentioned that every graduation they grant diplomas to those who were killed while in school. In her mind this is a safety concern, pure and simple. 

Glenn Revell, a retired San Diego Sheriff’s Commander and Jamul resident, raised the issue of increases in crime. He said that crimes that tend to increase after a casino comes in include embezzlement, organized crime, domestic disputes and property crimes.

According to the Washington Post Wonk Blog there is literature review on this showing the casinos increase both jobs and crime:

 “A study by Maryland’s William Evans and Julie Topoleski that focused on Indian casinos found that they created a significant number of jobs. The ratio of jobs available to adults increased, on average, by 5 percent. This in turn lead to a 2 percent decline in mortality, as residents’ economic conditions improved. But the casinos also lead to a plethora of social ills, including increased substance abuse, mental illness and suicide, violent crime, auto theft and larceny, and bankruptcy. The latter three all increased by 10 percent in communities that allowed gambling.”

http://www.washingtonpost.com/blogs/wonkblog/wp/2012/10/30/studies-casinos-bring-jobs-but-also-crime-bankruptcy-and-even-suicide/

Revell also raised another issue, which other residents raised later. San Diego has 18 federally recognized tribes, with 10 operating casinos. Sooner or later market saturation must enter the thinking.

Patrick Webb, a lawyer that has worked with Jamulians Against the Casino, mentioned that the residents’ group will probably have to sue again to stop it. Some of those suits will have to come before the DC District Court, due to the National Indian Gaming Commission. He asked people to donate to the cause.

When Supervisor Jacob addressed the crowd, she reminded both Penn International and Summit that they have been “fighting this for over twenty years. We know what makes Jamul. We have ties to the land. Some say we are NIMBY’s. They don’t know our community.”

The casino will be “three times as large as new cruise ship terminal in downtown San Diego,” Jacob stated. Alluding to the Hollywood theme proposed, she added, “The only stars out here are the stars in our skies.” She urged residents to contact every government representative, state and federal.

There was applause and a standing ovation.

Citizens echoed the well-known traffic issues with SR-94. A few spoke of family members killed on that road, or being the first on scene for a horrific accident.

But Dan Blussey raised an interesting question. He quoted the San Diego Reader, which states that 30 percent of casino attendees are smokers. He asked who would be responsible for the fires started by lit cigarettes? He added that the fire department resources are already stretched thin.

The point made by Bussey is here in the San Diego Reader:

“But in 2006, researchers at the University of Nevada, Reno, studied the habits of 17,723 gamblers. Only 20.9 percent of them were smokers — about the same as the national average. (Only 11.9 percent of California adults smoke.) The exception in the study was at rural casinos, where the percentage was 36.5. The research suggests that if casinos were made smoke-free, business would not suffer.”

http://www.sandiegoreader.com/news/2012/jan/25/city-lights-1-gambling-smoking/

Fire is always in the back of the mind of those who live in the rural areas of San Diego. Bolstering Bussey’s point,  an Australian study confirmed that when a lit cigarette was discarded, fire danger increases:  “4%, the grass caught alight and started to burn, requiring the firefighters to extinguish the flames.” http://www.fire.nsw.gov.au/page.php?id=327  So the concern is real, especially in the very dry backcountry.

One single resident stood to defend the casino and said that it was time to stop being afraid of development.

His statements were met with boos.


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