North Mare Island Development Proposal From Elem Indian Colony A Federal Recognized Indian Tribe A NEW KIND OF ECONOMIC DEVELOPMENT PARTNERSHIP INTRODUCTION While this document provides responses to and submissions for the seven-part Vallejo questionnaire for development of North Mare Island, it is also a proposal for a different kind of economic partnership: not between a developer and The City, but between two governments working together with common goals1. Through this government-to-government collaboration we are striving to achieve an unprecedented, unmatched, economic recovery and a genuine boon for both governments and their people through: • Creation of 4,327 Full Time Employee positions (and even more non-FTE jobs); • $285,617,619 in indirect and induced revenue for existing and new support businesses in Vallejo; • 40,000+ new trips per day into the City from outside Vallejo; 1 Inevitably when developers and governments work together there are conflicts because the goals differ; that is the nature of the entities: developers’ goals are all ultimately related to their earnings and the City’s goals are all ultimately related to serving the citizens and what is best for the community. In a government-to-government 1 partnership, all parties share the same goals of betterment for the citizens and the community – especially in this case in which the citizens of Elem become citizens of Vallejo. Page • More than $154-million in direct earnings (EBITDA) to be shared with the City of Vallejo though a tax-like fee structure. Elem proposes a mixed-use destination resort for shopping, a retail promenade, dining, nature trails, a conference center, a major entertainment venue, and a quality hotel, all anchored by one of the largest casinos in California. This is not a proposal for a Graton-style slot-machine-warehouse (as recently opened in Rohnert Park), but rather is more akin to San Francisco’s Pier 39 complex with the addition of a world-class casino and preservation and restoration of natural features of the shoreline area. Despite others’ grandiose dreams of building casinos and somehow creating instant wealth with a plethora of jobs, The Elem Indian Colony Economic Development Authority team is the only Federally- recognized entity that (1) legally has the possibility of fulfilling such plans2, (2) has successfully created such relationships between municipalities and Tribes3, and (3) whose members have a proven track record of developing and operating large-scale projects of this nature4. Further, the Appendix to this document (following page 16) details the special historical circumstances that have put the Elem into the unique position of having the very realistic possibility of having land put into Trust for tribal government gaming without the typical administrative roadblocks and hurdles. The following pages address each of the seven topics presented in the City questionnaire and simultaneously describe the scope, ability, feasibility, and projections for the project and for this unique and very special partnership between governments. I. With respect to the development entity, please provide the following information: 1) Overview of the Firm/Organization The Elem Indian Colony of Pomo Indians of the Sulphur Bank Rancheria, California (“Elem”) is a federally recognized Indian Tribe5. Elem, a quasi-sovereign government under federal law, is governed by its Constitution and Bylaws, which have been approved by the United States Department of Interior. By submitting these responses to Vallejo’s Questionnaire, Elem is proposing to enter into a government-to-government relationship with the City of Vallejo for the purpose of creating a comprehensive, high end, multifaceted development in the North Mare Island area of the City of Vallejo and the former Mare Island Naval Shipyard facility that will benefit Elem, the entire Vallejo community, and the natural environment. 2 Because of a unique set of tragic circumstances affecting the Elem homeland, the Tribe has an opportunity that circumvents and bypasses the standard “land-in-trust” debacle so frequently debated in the news lately. See the Appendix to this document. 3 A key member of our team, legal counsel, was at the forefront of the process resulting in the creation of the relationship between the Lytton Band of Pomo Indians and the City of San Pablo and the drafting and passage of the Act of Congress that created the Lytton reservation in San Pablo and authorized Indian gaming there. 4 Project management and design firm Hnedak Bobo Group (http://www.hbginc.com) is one of the largest and most successful resort developers, having created some of the largest and most high-profile casino successes in the country; also part of the Elem team is Gary Green (www.GaryGreenGaming.com) one of the most written-about and 2 accomplished figures in modern casino gaming (and a former Donald Trump Vice President). 5 . Federal Register / Vol. 78, No. 87 / Monday, May 6, 2013 / Notices. Page Elem’s traditional homelands in Lake County, including its present reservation, the Elem Rancheria, are highly contaminated with mercury and other poisonous byproducts of the neighboring Bradley Mercury Mine, which is an EPA Superfund site. In addition to migration of those poisonous materials from the Bradley Mine onto the Rancheria through groundwater, surface runoff, winds and other natural phenomena, during the late 20th Century the United States government moved toxic mercury byproducts onto the Elem Rancheria to raise portions of the Rancheria above the flood levels of Clear Lake. Elem’s members have suffered the results of living with the cumulative effect of that toxic waste for decades and some continue to suffer those effects. Most recently, in litigation brought by the United States EPA against Bradley, Elem was awarded the right to receive several hundred acres of property adjoining the Rancheria. That property, however, has now been determined to also suffer from irremediable mercury contamination. Because mercury has killed plants and fish and other animals used by Elem’s people for centuries, rendering the Tribe’s traditional homelands worse than useless, and because it has poisoned and continues to poison Elem’s people, Elem is proposing to relocate and establish a new sovereign tribal homeland on Mare Island, pursuant to an intergovernmental agreement with the City of Vallejo and necessary federal approvals. Two additional key factors making that relocation a realistic endeavor are (1) federal policies regarding relocation of Indian tribes faced with the tragic consequences of EPA Superfund site contamination, and (2) Elem’s eligibility to sell tens of millions of dollars of Internal Revenue Service approved tax-free Tribal Economic Development Bonds. More detailed information is provided below. 2) Description of the firm/organization that is submitting the proposal, clearly indicating whether the development team is a single entity, a joint venture, or a partnership with prime/subcontracting relationships. The overview of the firm should include: a) Name and address of the entity; Elem Indian Colony is in the process of creating The Elem Tribal Economic Development Authority (“ETEDA”) as a special purpose Tribal governmental entity to accomplish the objectives of both Elem and Vallejo. ETEDA will enter into the government-to-government agreement with Vallejo that will ensure Vallejo’s active participation in all major decisions arising during planning of the development and execution of those plans, and to define the benefits Vallejo will receive from the development, including enhanced public and environmental health and safety, employment opportunities, and revenue sharing in lieu of taxes. 3 Page ETEDA’s contact information is: Agustin Garcia, Vice Chair Elem Indian Colony PO Box 757, Lower Lake, CA 95457 Ph: 707-994-3400; Fax: 707-994-3408 In addition to its intergovernmental agreement with Vallejo, ETEDA will, in consultation with Vallejo, enter into appropriate agreements with providers of funding, services, materials and equipment essential to the planning, creation, and operation of the proposed development. The core team supporting ETEDA at this time consists of: developer Gary Green, attorney Tony Cohen, engineer Curtis Slocum and the architects of the Hnedak Bobo Group, Inc. More information about those team members is provided below. b) Entity organization (corporation, partnership, proprietorship), state in which the Developer is incorporated or otherwise organized to do business, year in which the Developer first organized to do business, and whether the name and form of organization has changed since first organized; Elem Indian Colony has had a government-to-government relationship with the United States since before 1934. The Elem Tribal Economic Development Authority will be formally created pursuant to Elem tribal law in March of 2014 specifically for the purpose of entering into a government-to- government relationship with the City of Vallejo and for financing, development, and operation of the Mare Island Project. c) Name, title, telephone number and e-mail address for the Principal-in-Charge; Tribal Vice Chair Agustin Garcia will be the Director of ETEDA. His cell phone number is 707-483- 1942 and e-mail address is [email protected]. His office contact information is provided above. Name, title, telephone number and e-mail address(es) of the individual(s) who are authorized to negotiate and execute contractual documents; Agustin Garcia, as Director