Tribe’s casino development expert is unable to point out proposed casino site on large map after four years of negotiations with local, state and federal officials
Under sworn court testimony, the director of entitlement and development for a San Diego tribe (also a member of the tribe) is unable to point out the general location of his tribe’s proposed Barstow casino resort on a large land use map (4.5’ x 3’) of the City’s General Plan; this after four years of negotiations and site specific planning with local, state and federal officials.
Transcripts of sworn court deposition taken February 2, 2006, Kevin Siva represented that he was the person most knowledgeable about his tribe’s plans for a Barstow Casino.
Siva said,
“I am a member of the Los Coyotes Band of Cahuilla and Cupeno Indians. I am an elected representative on the committee that oversees the legislative decisions that the general council makes for the Los Coyotes Band of Indians. I am the project director for the proposed casino construction project in Barstow, California. And I'm the entitlements director for the government-to-government relationship between the Los Coyotes Band of Indians and the Bureau of Indian Affairs.”
When asked if he was an officer of the Los Coyotes tribe, Siva responded,
“The tribal council for Los Coyotes consists of the general council. The general council is the legislative body that creates all the laws and policies of the reservation. The general council gives the authority to the spokesperson, who usually is the most knowledgeable in many of these areas to implement those decisions. And I am an elected official on a committee that represents what the general council has legislated.”
However, throughout the two hour and forty minute deposition it became clear that Siva was unclear or unaware of significant facts surrounding the dual casino resort proposed by his tribe and partners Barwest LLC and the Big Lagoon Rancheria. This adds credibility to arguments that the Los Coyotes Tribe is merely fronting for a group of Detroit area casino syndicators and their Las Vegas business partners who are the real driving force behind a plan for two large Indian casino, side-by-side, anchoring a new mega resort in the Mojave Desert.
When Counsel asked,
“Do you recollect under the existing MSA with the City the size of the site that's designated as appropriate for casino development?”
Siva replied,
“Yes. There is a footprint that is cited specifically in the MSA. And I believe -- I don't recall exactly what it is. It's either 20 or 25 acres.”
The MSA approved by the City of Barstow specifically indicates the footprint is not to be more than 20 acres. The Compact negotiated with the state in Exhibit D specifically calls out three parcels totaling 23-acres – larger than what was approved by the City of Barstow at that point.
Then, most notably, when opposing Counsel pulled out a 4.5’ x 3’ copy of the Barstow General Plan Land Use Policy Map and asked Siva,
“Can you identify for me on this map, if you are able, where the land that the MSA [Municipal Services Agreement between the City of Barstow and Los Coyotes] describes and authorizes the casino to be built for Los Coyotes is located?”
Siva replied,
“Quite frankly, not a clue.”
Counsel then countered,
“Let's just do one more question on that then. If I were to ask you if you can tell me where this pink -- well, let's put it this way. The record will reflect that I am pointing to a pink area of the map that is about a 1 half inch wide and about an inch long that appears to be located between parcels -- or is in the upper left-hand corner of a parcel that is No. 22. And if I were to point -- as I am -- that to you, Mr. Siva, and ask you can you tell me where that parcel of land is located in any kind of common description, would you be able to do so?”
Again Siva replied,
“Not even close. No, not a clue.”
This deposition (February 2, 2006) followed more than two years of negotiations between the tribe and the City of Barstow to locate and acquire an appropriate site; and agree to the original Municipal Services Agreement (approved July 1, 2004) that specifies parcel numbers and restricts the tribe’s development to no more than a 20-acre parcel.
Those negotiations were followed by at least twelve months of negotiations with the Governor’s office for a tribal-state gaming compact (signed by Governor Schwarzenegger September 2005) that also specifies the size, description and mapped location of the parcels (Exhibit D) to be taken into trust on the tribe’s behalf for the purpose of establishing a gaming facility.
Moreover, documentation (the application) submitted to the Bureau of Indian Affairs requesting that land be taken into trust must include the description, location, chain of title, plat maps, various parcel specific studies and other clear details on the exact land to be considered or the application is deemed insufficient.
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