Title
Chief Administrative Office recommending the Board approve and authorize the Chair to sign the Intergovernmental Agreement between the Shingle Springs Band of Miwok Indians and El Dorado County for the Gaming Pavilion Project at the existing Red Hawk Casino.
FUNDING: N/A
Body
DISCUSSION / BACKGROUND:
The Tribe is proposing to develop a 6,200-square-foot single-floor gaming pavilion (“Gaming Pavillion Project”) adjacent to the existing casino’s port cochere and extending out from the east side. The Project would provide for the relocation of slot machines and table games from underutilized sections of the existing gaming floor. There are no specific plans for the floor space that would be freed up by the relocation of gaming activities, although the areas may be used for improved circulation, gathering space, expanded buffet seating, bingo, or a poker room. This Intergovernmental Agreement (IGA) is limited to the offsite impacts associated with the Gaming Pavilion Project and those identified in the Tribal Environmental Impact Report (TEIR).
In compliance with the Compact, the Tribe caused to be prepared a TEIR reviewing off-reservation impacts of the Gaming Pavillion Project. The TEIR describes the Project, the environmental conditions in the vicinity of the Project, potentially significant impacts of the Project on the off-reservation environment, mitigation measures proposed to address potential impacts on the off-reservation environment, and alternatives to the Project, among other things. The TEIR process included multiple opportunities for the County and other agencies, stakeholders, and members of the public to review and provide comments on the Project and the scope and contents of the TEIR.
The County and the Tribe have negotiated on a government-to-government basis with respect to the Required Commitments and Additional Commitments of the tribal-state gaming compact with the State of California and discussed the mutual benefits that could be derived from entering an enforceable Agreement with respect to compliance with the Gaming Pavillion Project TEIR. The attached proposed Memorandum of Understanding (MOU) and IGA was reached and the Tribal Council will consider this agreement on May 7, 2026.
The primary terms of the agreement are:
1. Term/Due Dates: The term of this Agreement shall run from May 12, 2026, until the earliest of the following: (1) termination pursuant to section K.4; (2) closure of the Gaming Pavillion Project, defined as cessation of commercial operation for a period of six consecutive months; (3) the Compact expires, is terminated, or otherwise ceases to be in effect; or (4) May 12, 2051 (provided, however, that if the Gaming Pavillion Project, as defined in the TEIR, remains in operation beyond May 12, 2051, the Parties shall meet, confer, and work in good faith to negotiate an agreement addressing such operations, consistent with the terms of the then-applicable version of the Compact).
2. The Tribe shall construct and operate the Project in compliance with all Applicable Codes, as that term is defined in Section 2.1 of the Compact.
3. The Tribe shall construct and operate the Project in a manner that is generally consistent with relevant County Ordinances, in particular, with County Ordinance Chapter 110.14 (grading, erosion, and sediment control), Chapter 8.44 (asbestos and dust protection), Chapter 130.34 (outdoor lighting), and Chapter 130.36 (signage).
4. The Tribe agrees to be bound by the beneficial design commitments set forth in the Gaming Pavillion Project TEIR, whether or not expressly characterized as mitigation measures.
5. The Tribe will comply with all mitigation measures set forth in the Gaming Pavillion Project TEIR.
6. No less than every 30 days during construction of the Project, the Tribe shall provide the County with a written report that verifies the Tribe’s compliance with Section A and B of the Agreement. The report shall be issued by qualified third-party inspectors employed by the Tribe.
During negotiations, County staff and the Tribe recognized the value to the community and tribal members of continued efforts to improve relationships and this agreement is another step in that direction.
ALTERNATIVES
The Board could choose not to approve the agreement and direct staff to pursue further negotiations with the Tribe.
PRIOR BOARD ACTION
N/A
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel
FINANCIAL IMPACT
There is no financial impact associated with this item.
CLERK OF THE BOARD FOLLOW UP ACTIONS
Please provide a signed copy of the contract to the Chief Administrative Office, and Janeth SanPedro, in County Counsel.
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Alison Winter, Principal Management Analyst