2005/09/13 City Council MinutesCITY OF ROHNERT PARK CONCURRENT MEETINGS MINUTES for:
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
ROHNERT PARK FINANCING AUTHORITY
September 13, 2005
Tuesday
The Concurrent Meetings of the City of Rohnert Park for
the City Council, the Community Development Commission and
the Rohnert Park Financing Authority met this date in
Regular Session for a meeting to commence at 6:00 p.m. at
the Rohnert Park City Hall, 6750 Commerce Boulevard, Rohnert
Park, with Mayor Mackenzie presiding.
CALL TO ORDER /PLEDGE OF ALLEGIANCE:
Mayor Mackenzie CALLED the Council Meeting to order at
6:02 p.m. and led the Pledge of Allegiance.
ROLL CALL:
Present: (5) Councilmembers Breeze, Flores and Smith; Vice
Mayor Vidak- Martinez; Mayor Mackenzie
Absent: (0) None
Staff present for all or part of the Regular Session: City
Manager Donley, City Attorney Kenyon, Interim
Assistant City Manager /City Engineer Jenkins, Interim
Assistant City Manager /Finance Director Lipitz, Director
Public Safety Bullard, Housing & Redevelopment Project
Manager Ellena and Videographer Beltz.
MOMENT OF SILENCE
In respect of recent Hurricane Katrina Victims
in Louisiana, Mississippi & Alabama
A Moment of Silence was observed for the hurricane victims,
and City Manager Donley explained the City's interest in
holding a performance at the Performing Arts Center to raise
money for the victims.
1. SCHEDULED APPEARANCES /PRESENTATIONS:
1. Mayor's Presentation of Resolutions:
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
September 13, 2005 Page(2 )
Expressing Congratulations to Rohnert Park Cal Ripken
Baseball Team on a Victorious Season winning Northern
California State Cal Ripken All -Star Team
Championships: Mayor Mackenzie READ AND PRESENTED a
framed resolution to the coach and team members of
the Cal Ripken Baseball Team, who shared brief
comments on their victorious season.
Recognizing the Rancho Cotate High School Girls
Varsity Softball Team on winning the North Coast
Section (NCS) Championship Title: Mayor Mackenzie
READ AND PRESENTED a framed resolution to the coach
and team members of the RCHS Varsity Softball Team,
who shared brief comments on their victorious season.
Honoring Ellen Beardsley for Her Grand
Accomplishments at the 2005 National Indoor Speed
Skating Championships in Pensacola, Florida: Mayor
Mackenzie READ AND PRESENTED a framed resolution to
Ms. Beardsley, who thanked her fellow employees at
the City for all of their support.
Declaring September as "Join PTA Month in Rohnert
Park ": Mayor Mackenzie READ AND PRESENTED a
framed resolution to local PTA representatives, and
Wendy Hicks, 14th District PTA President, shared
brief comments on the City's eight PTA groups.
2. Carl Leivo regarding "Politics Steals from the
Taxpayers ": Mr. Leivo expressed concern about the
current Council's preoccupation with who proposes
an idea, rather than the merits of the idea. He
specifically discussed 72 acres of,land in the
Northwest Specific Plan that was to be donated to
the City as Open Space, but will no longer be
subject to City policy with the purchase of said
land by the Graton Rancheria Tribe. He noted how
a current majority on the Council has lost other
Open Space opportunities for the City, and he
urged the Council to set aside personalities and
to start acting in the best interest of the City.
At the request of Mayor Mackenzie, Council CONCURRED
TO DIRECT STAFF to review the Separation Agreement
and its accompanying Press Release for former City
Manager Leivo in light of his remarks this evening,
as well as his remarks at City Council meetings over
the past few months. *Councilmember Breeze expressed
opposition to this staff direction to review Mr. Leivo's
Separation Agreement.
*CORRECTION ABOVE made at 9/27/05 City Council mtg. by
Counci.lmember Amie Breeze (addition underlined)
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
September 13, 2005 Page(3 )
3. Seamus Seanachaoi regarding Second Annual Sonoma
County Musical Extravaganza, a major fundraiser for
the Education Foundation of Cotati and Rohnert Park,
scheduled on Saturday evening, September 17, 2005 at
the Spreckels Performing Arts Center: Mr. Seanachaoi
introduced Ms. Vera Blanquie who explained the
purpose of the Education Foundation and encouraged
the Councilmembers to attend the fundraiser.
4. Cultural Arts Commission regarding update on Public
Art Project, Art in the Parks: Ms. Catherine Isett
provided Council with a brief update on the project,
which is scheduled for October 23rd weather
permitting.
2. SSU STUDENT REPORT:
Sonoma State University Associated Students, Inc. (ASI),
by James J. Reilly, III, Legislative Representative:
Mr. Reilly DISTRIBUTED copies of The Star, and he
reported on the following matters: Fall semester in
session; Fundraising efforts for Hurricane Katrina
victims; Security breach in July; Strategic Planning
Process; Effects of fall semester underenrollment; and
the Green Music Center. Councilmember Breeze inquired
about a recent fire on campus.
3. UNSCHEDULED PUBLIC APPEARANCES /COMMENTS:
1. Martha White, 928 Hacienda Circle, was recognized and
expressed her opposition to a casino within City
limits, noting that it would be too close to homes,
schools and children. She suggested that if the City
needs casino revenue, it locate the casino well
outside of the City.
2. Linda Stevens, 4942 Flower Court, was called forward
by Mayor Mackenzie. Ms. Stevens was not present.
3. Peggy Soares, 4319 Primrose Avenue, Santa Rosa, was
recognized and expressed concern with the site of the
new casino, noting that children walking in the area
may be in danger from impaired drivers leaving the
casino. She urged Council to put the casino to a
vote of the citizens.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
September 13, 2005 Page(4 )
4. David Cohen, 6433 Sequoia Street, was recognized and
DISTRIBUTED a flier for a fundraiser on behalf of the
Kids of Hope charity for the victims of Hurricane
Katrina. He noted that the charity would be a
500 -mile walk from September 26- October 9 and that
donations can be made online or by calling 866 -462-
2838.
5. Steve Bosshard, 5769 Dexter Court, was recognized and
encouraged the Council to fight the casino. He stated
that Rohnert Park should be a place to raise families.
6. Fred Soares, 4319 Primrose Avenue, Santa Rosa, was
recognized and discussed environmental and
jurisdictional concerns regarding the new site for the
casino. He asked that if the casino goes through at
the new site, the roads be blocked to his
unincorporated area of the County, and he suggested
that Redwood Equities donate to the City the land
which will not be used for the casino.
7. Linda M. Long, 944 Helene Court, was recognized and
urged Council to.put the new site for the casino on
an advisory vote on the next available ballot. She
cited traffic concerns among other things.
8. Johathon Krive, Sonoma County, was recognized and
discussed how the problem is not the new location for
the casino, but rather the casino itself. He
referenced the City's Top Five Goals in reviewing
problems with the casino, and he encouraged the
Council to use its authority for the good of the
citizens.
9. Chip Worthington, 4695 Snyder Lane, was recognized and
DISTRIBUTED AND REVIEWED a letter, ATTACHED TO THE
ORIGINAL SET OF MINUTES, from Congressman George
Miller to Senate President Pro Tem Don Perata and
Assembly Speaker Fabian Nunez, dated March 11, 2005,
expressing his concerns about the appropriateness of
the gaming compact between the State of California
and the Lytton Band of Pomo Indians. He noted that
Congress' approval of the Indian tribe's right to
negotiate does not guarantee the tribe a casino, nor
does it obligate the governor to approve a casino of
any size.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
September 13, 2005 Page(5 )
10. Chris Worthington, 7404 Mitchell Drive, was recognized
and referred to an article from The Oakland Tribune
entitled, "Koi Nation: Oakland casino 'dead' ". He
discussed the opposition of surrounding cities in
forcing the Tribe to let its option on land near the
Oakland Airport lapse, and he noted that local
governments do have influence in such matters.
11. Joy Wheeler, 5617 Daniel Drive, was recognized and
expressed her frustration that the City Council had
invited the Graton Rancheria Tribe to the area,
noting that all money from the Tribe will go to the
social problems caused by the casino. She urged the
Council to put the matter to a vote on the next
available ballot.
12. Peter Tscherneff, Sonoma County, was recognized and
discussed various aspects of local law enforcement's
treatment of migrant Mexicans. He noted that he had
been arrested for offering a woman a flower during
an incident between local police and some migrant
Mexicans, and he pointed out to Council the words
"flower" and "arrested" in the police report.
13. Lloyd Iversen, 4230 Hargrave Avenue, was recognized
and expressed concerns about the casino's use of
water, noting that Rohnert Park is in groundwater
overdraft. He urged Council to learn what the
unknown constituents in the rehabilitated water are,
as well as their effects on the groundwater basin.
11. CITY MANAGER'S REPORT: [Out of agenda order]
At this time, at the request of Mayor Mackenzie, Council
CONCURRED to take casino - related items in the City
Manager's Report out of order.
4. Information gathering and research on State and
Federal issues related to Indian Casinos: City
Manager Donley and City Attorney Kenyon reviewed
the contents of the Staff Report, and they
responded to Council questions /comments. Council
CONCURRED TO DIRECT STAFF to take action as outlined
in the Staff Report.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
September 13, 2005 Page(6 )
5. Announcement of Environmental and Land Use Issues
concerning Land Acquisition for Proposed Resort Casino
and Hotel, by John A. Maier, Attorney for California
Indian Legal Services: City Manager Donley reviewed
the contents of the Staff Report. There were no
Council questions.
***************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
4. CONSENT CALENDAR:
Mayor Mackenzie asked if there were any questions about the
matters on the Consent Calendar. Mayor Mackenzie signified
removal of the following items for further discussion:
Concurrent City Meetings Minutes for the City Council
Portion of the Regular Meeting on August 9, 2005 and
Resolution Nos. 2005 -280 and 2005 -286 per Councilmember
Smith's recommendation.
A. APPROVAL OF CITY COUNCIL PORTION OF CONCURRENT MEETING
MINUTES FOR:
REGULAR CONCURRENT CITY MEETING - AUGUST 23, 2005
B. APPROVAL OF CITY BILLS /DEMANDS FOR PAYMENT CONCURRENTLY
FOR:
CITY OF ROHNERT PARK /CITY COUNCIL IN THE AMOUNT OF:
$4,796,287.47
C. RESOLUTIONS FOR ADOPTION:
2005 -273 DECLARING SATURDAY, SEPTEMBER 24, 2005 AS "RUSSIAN
RIVER CLEANUP DAY"
2005 -274 DECLARING OCTOBER 9 -15, 2005 AS "FIRE PREVENTION
WEEK"
2005 -275 CALLING FOR SEALED PROPOSALS FOR RESURFACING
BASKETBALL COURTS AT HONEYBEE AND GOLIS PARKS
2005 -276 CALLING FOR SEALED PROPOSALS FOR REPLACEMENT
FORKLIFT FOR THE PUBLIC WORKS DEPARTMENT
2005 -277 CALLING FOR SEALED PROPOSALS FOR REPLACEMENT OF
FABRIC AWNINGS AT PUBLIC SAFETY MAIN STATION
2005 -278 AUTHORIZING THE PURCHASE OF EIGHT (8) POLICE
INTERCEPTOR VEHICLES FOR THE DEPARTMENT OF PUBLIC
SAFETY
2005 -279 AUTHORIZING THE PURCHASE OF A TYPE 1 FIRE
APPARATUS FOR THE DEPARTMENT OF PUBLIC SAFETY
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
September 13, 2005 Page(7 )
2005 -281 APPROVING AMENDMENT NUMBER ONE TO THE AGREEMENT
FOR SERVICES WITH ESA REGARDING THE ENVIRONMENTAL
IMPACT REPORT FOR THE NORTHEAST AREA SPECIFIC
PLAN
2005 -282 APPROVAL OF AMENDMENT NUMBER TWO TO THE AGREEMENT
WITH BRELJE & RACE CONSULTING ENGINEERS FOR DESIGN
OF THE COMMERCIAL WATER METER PROJECT, PHASE 3,
PROJECT NO. 2003 -03
2005 -283 APPROVING CONTRACT CHANGE ORDER NUMBER ONE WITH
DANA CONSTRUCTION, INC. FOR ROBERTS LAKE DOG PARK,
PROJECT NO. 2000 -11
2005 -284 ACCEPTING COMPLETION AND DIRECTING THE CITY
ENGINEER TO FILE NOTICE OF COMPLETION FOR ROBERTS
LAKE DOG PARK, PROJECT NO. 2000 -11
2005 -285 REJECTING BID FOR THE COMMERCIAL WATER METER
REPLACEMENT PROJECT, PHASE III,
PROJECT NO. 2004 -03
2005 -287 AUTHORIZING REINSTATEMENT OF MANAGEMENT UNIT
POSITIONS OF DIRECTOR OF ADMINISTRATIVE SERVICES
AND DIRECTOR OF PUBLIC WORKS /CITY ENGINEER AND
RECLASSIFICATION OF MANAGEMENT UNIT POSITIONS OF
FINANCE DIRECTOR /CITY TREASURER AND CITY ENGINEER
2005 -288 FINDING THAT THE USE OF LOW AND MODERATE INCOME
HOUSING FUNDS OUTSIDE OF THE PROJECT AREA IS OF
BENEFIT TO THE PROJECT AREA IN ACCORDANCE WITH
SECTION 33334.2 OF THE HEALTH AND SAFETY CODE
2005 -289 APPROVING THE PARKING LOT IMPROVEMENT AGREEMENT
WITH BURBANK HOUSING DEVELOPMENT CORPORATION (FOR
THE ARBORS AFFORDABLE HOUSING PROJECT AT 430 AND
450 CITY HALL DRIVE)
Upon MOTION by Councilmember Flores, seconded by Vice
Mayor Vidak - Martinez, reading was waived and a motion to
approve the Consent Calendar as outlined in the meeting's
agenda, with the exception of the City Council portion of
the Concurrent City Meetings Minutes for the Regular
Meeting of August 9, 2005 and Resolution Nos: 2005 -280 and
2005 -286, was UNANIMOUSLY APPROVED.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
September 13, 2005 Page(8 )
Items for Consideration:
APPROVAL OF CITY COUNCIL PORTION OF CONCURRENT MEETING
MINUTES FOR:
REGULAR CONCURRENT CITY MEETINGS - AUGUST 9, 2005
Councilmember Smith made the following amendment: Page 14,
Agenda Item No. 8, "Marriage Equality Resolution," under
"Council Motion /Discussion /Vote," fifth sentence, change
"his" authority to "Council's" authority.
By CONSENSUS, the City Council portion for the Regular
Concurrent City Meetings bf August 9, 2005, were AMENDED.
2005 -280 AUTHORIZING THE PURCHASE OF THREE (3) SPECIAL
SERVICE VEHICLES FOR THE DEPARTMENT OF PUBLIC
SAFETY
At the request of Councilmember Smith, City Manager Donley
elaborated on the contents of the Staff Report.
Upon MOTION by Councilmember Smith, seconded by Vice Mayor
Vidak- Martinez, a motion to approve Resolution 2005 -280 was
made. Under discussion, Mayor Mackenzie suggested that
staff examine hybrid vehicles for future purchases. After
the motion, which was UNANIMOUSLY APPROVED, reading was
waived and Resolution 2005 -280 was ADOPTED.
2005 -286 APPROVING AN AGREEMENT WITH OLD ADOBE DEVELOPMENT
SERVICES, INC. TO PROVIDE JANITORIAL SERVICES AT
THE SPRECKELS PERFORMING ARTS CENTER
Councilmember Smith recognized the City's agreement with Old
Adobe Development Services, Inc.
Upon MOTION by Councilmember Smith, seconded by
Councilmember Flores, a motion to approve Resolution
2005 -286 was made. Under discussion, Councilmember Flores
expressed appreciation for the OADS employees. After the
motion, which was UNANIMOUSLY APPROVED, reading was waived
and Resolution 2005 -286 was ADOPTED.
At this time, Mayor Mackenzie acknowledged a speaker card
which had been overlooked.
1. Gina DuPar, 6644 Petaluma Hill Road, was recognized
and expressed opposition to the casino. She also
discussed sewer and flooding problems at SSU which
have affected her property in the past.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
September 13, 2005 Page(9 )
5. CALLINAN SPORTS & FITNESS CENTER RE -ROOF PROJECT -
REJECTING BIDS:
Consideration of rejecting bids received on this Project
No. 2004 -07:
1. Staff Report: Interim Assistant City Manager /City
Engineer Jenkins shared the contents of the Staff
Report.
2. Public Comments: None.
3. Resolution for Adoption:
2005 -290 REJECTING BIDS FOR THE CALLINAN SPORTS & FITNESS
CENTER RE -ROOF PROJECT, PROJECT NO. 2004 -07
Council Motion /Discussion /Vote:
Upon MOTION by Councilmember Flores, seconded by Vice Mayor
Vidak- Martinez, and UNANIMOUSLY APPROVED, reading was
waived and Resolution 2005 -290 was ADOPTED.
6. PARTY ORDINANCE:
Consideration of proposed ordinance amending
Chapter 9.48, "Alcohol Offense /Loud Parties," of
Section 9, "Public Peace, Morals and Welfare," of the
Rohnert Park Municipal Code (Penalties for Multiple
Responses to Loud or Unruly Parties, Gatherings or Other
Similar Events):
1. Presentation by Sergeant Wulff Reinhold: City Manager
Donley referred Council to two letters received at the
City today and provided to Council in the agenda
packets. Sergeant Reinhold shared the contents of a
Power Point presentation, and City Attorney Kenyon
explained two amendments to Sections 9.48.070a and
9.48.090a. Staff responded to Council questions and
comments.
2. Sonoma State University (SSU) Subcommittee Report:
Councilmember Smith noted that this ordinance is meant
to address community concerns. Vice Mayor Vidak-
Martinez discussed how the ordinance is a tool for
staff.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
September 13, 2005 Page(10)
3. Public Comments: Members of the public interested in
commenting on this matter were called 'forward.
a. James J. Reilly, III, Legislative Representative
for SSU, was recognized and discussed how Council
has addressed the concerns of the students
regarding this ordinance over the last six months.
He thanked Council for the dialogue with the
students, and he expressed concern regarding the
posting of a notice on homes that have violated
said ordinance.
b. Darrin Jenkins, Rohnert Park, was recognized and
encouraged Council to adopt the ordinance as
written. He commented on how a warning potentially
allows for more parties.
c. Brian, SSU student, was recognized and expressed
opposition to the Party Ordinance. He noted that
students come to college to learn and to have fun,
and that this ordinance will only bring SSU's
reputation down.
d. Brooks, SSU student, was recognized and called
attention to the notion that the Party Ordinance
may bring property values down. He encouraged
Council to revisit the idea of posting a notice
on homes that have violated said ordinance.
e. Mike, SSU student, was recognized and stated that
he is part of a group of students that support
designated drivers. He noted that the ordinance
may cause some parties to move and, in doing so,
it may place impaired drivers on the road.
f. Dennis McCormack, Rohnert Park, was recognized and
stated that he went to SSU. He expressed a desire
to have SSU's reputation as a party school
diminish by way of the Party Ordinance.
4. Waive Further Reading and Introduce Ordinance by
reading title:
No. 745 "ALCOHOL OFFENSE /LOUD PARTIES" OF SECTION 9,
"PUBLIC PEACE, MORALS AND WELFARE," OF THE ROHNERT
PARK MUNICIPAL CODE (PENALTIES FOR MULTIPLE
RESPONSES TO IOUD OR UNRULY PARTIES, GATHERINGS OR
OTHER SIMILAR EVENTS)
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
September 13, 2005 Page(ll)
Council Motion /Discussion /Roll Call Vote:
A MOTION was made by Vice Mayor Vidak- Martinez, seconded by
Councilmember Breeze, to adopt Ordinance No. 745. Under
discussion, Vice Mayor Vidak- Martinez stated that no citizen
should have fun at another citizen's expense. She noted
that property values go down when cities are not proactive,
and she suggested that staff prepare a report in six months
regarding the status /effectiveness of the Party Ordinance.
Councilmember Smith stated that the purpose of this
ordinance is not to raise funds, and he expressed a concern
about impaired people on the road. Councilmember Flores
called attention to problems between neighbors due to
parties, and he expressed concern about a lack of warning
to homeowners /landlords /party- throwers. Councilmember
Breeze discussed the need to consider all of the people in
the community, and she expressed support for a softer
warning. Staff elaborated on officer discretion regarding
the issuance of a warning. Mayor Mackenzie noted his
support for the posting of a warning, and he.expressed
appreciation for the relationship with SSU. After the
motion, which was UNANIMOUSLY APPROVED, reading was waived
and Ordinance No. 745 was ADOPTED BY ROLL CALL VOTE.
RECESS: Mayor Mackenzie declared a recess at 8:53 p.m.
RECONVENE: The full Council reconvened at 9:03 p.m.
7. GENERAL PLAN IMPLEMENTATION REPORT:
1. Staff and City Council Ad Hoc Subcommittee Report:
City Manager Donley, as well as Mayor Mackenzie and
Vice Mayor Vidak- Martinez, reviewed the contents of
the Staff Report and responded to Council questions
and comments.
2. Public Comments: Members of the public desiring to
speak on this matter were called forward.
a. Van Logan, Northeast Specific Plan, was recognized
and expressed concern about the Growth Management
Allocation System, noting that the Northeast
Specific Plan is third in the process and may not
get its fair share of lots.
b. Linda M. Long, Rohnert Park, was recognized and
asked Council to reconsider the widening of Golf
Course Drive in the General Plan Update.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
September 13, 2005 Page(12)
c. Paul Stutrud, Rohnert Park, was recognized and
urged Council to make a groundwater management plan
the first part of the General Plan Update process.
He called attention to water problems in G Section
and the drying up of nearby wells over the years.
3. Council Discussion /Direction:
Council discussion concluded with Council CONCURRENCE
on the following matters: (1) Adoption of the
Timeline for Processing Specific Plan Applications and
Stadium Area Planned Development as outlined in the
Staff Report, with the addition of Sonoma Mountain
Village to the "Other Projects" section of the
timeline; (2) Direction for staff and the General Plan
Implementation Subcommittee to proceed with
negotiations of Development Agreements; (3) Direction
for staff to work on a Growth Management Ordinance
Amendment regarding Infill Development and to work on
a procedure to rework the Growth Management Allocation
System; (4) Direction for staff to proceed with the
General Plan process and development of a timeline to
include major potential land use zoning changes.
8. COUNCIL COMMITTEE AND /OR OTHER REPORTS:
1. Economic Development Subcommittee, September 2,
2005 meeting: Councilmember Flores and-Vice
Mayor Vidak- Martinez described the proposed
redesign of the Community Center Campus. Council
CONCURRED TO DIRECT STAFF to closely track SSU's
Green Center and to prepare a proposal for Council
consideration regarding greater community use and
participation of the Community Center in
conjunction with the Green Music Center.
Councilmember Breeze was excused from the meeting at
10:03 p.m.
2. North Coast Integrated Regional Water Management
Plan (IRWMP): Mayor Mackenzie reported on
funding matters per the following items:
Water Day in Sacramento, August 9, 2005
Review Panel in Fortuna, September 7, 2005
3. Mayors' & Councilmembers Association, September 8,
2005 meeting: Mayor Mackenzie.reported on the idea
of an environmental challenge.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
September 13, 2005 Page(13)
4. Sonoma County Transportation Authority (SCTA),
September 12, 2005 meeting: Mayor Mackenzie gave a
brief update on the Rohnert Park Park & Ride.
5. California Tiger Salamander: Mayor Mackenzie
provided brief reports for the following meetings:
Sonoma County Board of Supervisors Implementation
Committee, August 25, 2005 meeting
Strategic Plan Hearing in Santa Rosa, September 12,
2005
U.S. Fish & Wildlife Services (USFWS) Public Hearing
in Santa Rosa, September 8, 2005
6. Other informational reports, if any:
a. Water Issues Subcommittee:
noted that the Water Issues
He reported on discussions
and he stated that Interim
City Engineer Jenkins will
agencies for public /private
the Creek Master Plan.
Mayor Mackenzie .
Subcommittee met today.
regarding xeriscaping,
Assistant City Manager/
be working with water
partnerships I regarding
b. Sonoma State University lunch meeting: Mayor
Mackenzie stated that he and Interim Assistant City
Manager /City Engineer Jenkins attended the meeting,
as well,as the President of SSU, the Vice President
of Government Affairs and the Housing Project
Manager. He noted that said meeting was regarding
SSU's housing project.
9. COMMUNICATIONS.:
Communications per the attached outline were brought to the
attention of the Councilmembers.
Brookfield Homes: Councilmember Smith called attention
to a letter from Kevin Pohlson of Brookfield Homes/
University District Specific Plan and their efforts
* University's
to have University District Housing within the
boundaries of the Cotati - Rohnert Park School District.
*CORRECTION ABOVE made at 9/27/05 City Council mtg. by Councilmember Tim Smith
(deletion lined out /addition underlined)
10. MATTERS FROM /FOR COUNCIL:
1. RV Parking in Unincorporated Areas - Consideration of
letter supporting Sonoma County Board of Supervisor
Mike Kerns' proposal on RV Parking: Councilmember
Flores provided a brief report.on this matter.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
September 13, 2005 Page(14)
Council Discussion /Action: Council CONCURRED TO
DIRECT STAFF to send the letter over the Mayor's
signature to the County Board of Supervisors
regarding this matter.
2. Black Bear Diner letter of appreciation:
Councilmember Smith called attention to this
letter commending the City Departments of Public
Safety, Public Works and Planning /Building.
3. Sonoma County Grape Growers and Sonoma County Wineries
Association Fact Sheet: Councilmember Smith called
attention to an informational sheet provided to
Council in the agenda packets.
4. Schedule of Events and Meetings: Mayor Mackenzie
referred Council to said document provided in the
agenda packets.
5. City Council Agenda Forecast: Mayor Mackenzie
referred Council to said document provided in the
agenda packets.
6. Other informational items, if any:
a. Green Building: Councilmember Smith expressed
support for City staff pursuing continuing
education.
b. Burbank Housing Open House: Councilmember Smith
noted his attendance at said event.
c. Rohnert Park Dog Park: Councilmember Smith
noted the completion of the City's Dog Park.
d. Reverend Sam Tharpe /Thanksgiving Dinner: At
the request of Councilmember Smith, Council
CONCURRED TO AGENDIZE for a future Council
agenda consideration of a $500 donation to
Reverend Tharpe's annual dinner.
11. CITY MANAGER'S REPORT:
1. City /CDC Bills for Approval to provide total amounts
only for compliance with Privacy and Health Insurance
Portability and Accountability Act (HIPAA)
requirements: City Manager Donley provided a brief
oral report on said matter.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
September 13, 2005 Page(15)
2. Response to Council request for information regarding
water rates and sub - metering in mobilehome parks:
City Manager Donley DISTRIBUTED AND REVIEWED
informational documents regarding Mobile Home Park
Analyses of Water and Sewer Costs. Councilmember
Flores SUGGESTED that said document be sent to Mr. Len
Carlson of Rancho Grande, and Mayor Mackenzie
SUGGESTED posting said information in mobile home
parks and apartment complexes.
3. Community Cleanup Program changes after this year's
Fall Community Cleanup scheduled at the Stadium from
October 14 -23, 2005: City Manager Donley discussed
the future of the Cleanup Program.
City Manager's Report Items 4 and 5 discussed previously
in the meeting.
6. Other informational items, if any:
a. City Manager Schedule: City Manager Donley
noted that he will be on Coast Guard Duty from
September 20 -26 and that Paul Berlant will be
the Acting City Manager.
b. Xeriscape examples: City Manager Donley called
attention to the Rotary Club's now completed
example of xeriscaping on Expressway and Commerce
Boulevard.
12. PUBLIC COMMENTS:
Members of the public desiring to speak were invited to
come forward.
1. Paul Stutrud, P.O. Box 2255, was recognized and
expressed concern that changing the Community
Cleanup Program to curbside pickup will be
problematic. He indicated that garbage company
employees often destroy recyclable items, and he
encouraged Council to continue the program using
a big lot to exchange and recycle the items. Mayor
Mackenzie DIRECTED STAFF to respond to said
concerns.
ADJOURNMENT:
Mayor Mackenzie adjourned the City.Council meeting at
10:32 p.m. to consecutively and separately convene the
meetings of the Community Development Commission and the
Rohnert Park Financing Authority.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
September 13, 2005 Page(16)
COMMUNITY DEVELOPMENT COMMISSION
of the
CITY OF ROHNERT PARK
September 13, 2005
Tuesday
The Meeting of the City of Rohnert Park for the Community
Development Commission (CDC) met this date in Regular
Session commencing at 10:32 p.m. at the Rohnert Park City
Hall, 6750 Commerce Boulevard, Rohnert Park, with
Chairperson Mackenzie presiding.
CALL TO ORDER:
Chairperson Mackenzie CALLED the CDC Meeting to order at
10:32 p.m.
ROLL CALL:
Present: (4) Commissioners Flores, Smith and
Vidak- Martinez; Chairperson Mackenzie
Absent: (1) Commissioner Breeze
Staff present for all or part of the CDC Meeting:
Executive Director Donley, General Counsel Kenyon,
Housing and Project Redevelopment Manager Ellena,
Videographer Beltz and Transcriber Leonard.
UNSCHEDULED PUBLIC APPEARANCES: None.
1. CONSENT CALENDAR
Chairperson Mackenzie asked if there were any questions
about matters on the Consent Calendar. No Commissioner
responded.
A. APPROVAL OF CDC PORTION OF CONCURRENT CITY MEETING
MINUTES FOR:
REGULAR MEETINGS - AUGUST 9, 2005
REGULAR MEETINGS - AUGUST 23, 2005
B. APPROVAL OF CDC BILLS /DEMANDS FOR PAYMENT:
COMMUNITY DEVELOPMENT COMMISSION IN THE AMOUNT OF:
$180,270.11
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
September 13, 2005 Page(17)
C. CDC RESOLUTIONS FOR ADOPTION:
2005 -12 FINDING THAT THE USE OF LOW AND MODERATE INCOME
HOUSING FUNDS OUTSIDE OF THE PROJECT AREA IS OF
BENEFIT TO THE PROJECT AREA IN ACCORDANCE WITH
SECTION 33334.2 OF THE HEALTH AND SAFETY CODE
2005 -13 APPROVING THE AFFORDABLE HOUSING AND LOAN
AGREEMENT WITH BURBANK HOUSING DEVELOPMENT
CORPORATION (FOR DISPOSITION AND DEVELOPMENT OF
REAL PROPERTY FOR THE ARBORS AFFORDABLE HOUSING
PROJECT AT 430 AND 450 CITY HALL DRIVE)
2005 -14 APPROVING THE PARKING LOT IMPROVEMENT AGREEMENT
WITH BURBANK HOUSING DEVELOPMENT CORPORATION (FOR
THE ARBORS AFFORDABLE HOUSING PROJECT AT 430 AND
450 CITY HALL DRIVE)
2005 -15 APPROVING AN AGREEMENT FOR SERVICES WITH ROSENOW
SPEVACEK GROUP, INC., FOR THE PREPARATION OF THE
CITY OF ROHNERT PARK REDEVELOPMENT PROJECT AREA
FIVE -YEAR IMPLEMENTATION PLAN (2005/06- 2009/10
PERIOD)
2005 -16 APPROVING AMENDMENT NUMBER SIX TO THE SERVICE
AGREEMENT WITH THE SONOMA COUNTY COMMUNITY
DEVELOPMENT COMMISSION (SCCDC) FOR THE
ADMINISTRATION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF ROHNERT PARK HOUSING
REHABILITATION PROGRAM
Upon MOTION by Commissioner Vidak- Martinez, seconded by
Commissioner Flores, reading was waived and a motion to
approve the CDC Consent Calendar, as outlined in the
meeting's agenda, was APPROVED 4 -0 -1 with Commissioner
Breeze absent.
2. HOUSING REHABILITATION PROGRAM DESIGN FOR OWNER- OCCUPIED
AND RENTAL PROPERTIES:
Commission consideration of Revised Guidelines for this
program.
1. Staff Report: Housing and Project Redevelopment
Manager Ellena shared the contents of the Staff
Report and responded to Council questions /comments.
2. Public Comments: None.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
September 13, 2005 Page(18)
3. CDC Resolution for Adoption:
2005 -17 APPROVING REVISED GUIDELINES FOR THE HOUSING
REHABILITATION PROGRAM FOR OWNER - OCCUPIED AND
RENTAL PROPERTIES
Commission Motion /Discussion /Vote:
Upon MOTION by Commissioner Vidak- Martinez, seconded
by Commissioner Flores, and APPROVED 4 -0 -1 with
Commissioner Breeze absent, reading was waived and
CDC Resolution 2005 -17 was ADOPTED.
ADJOURNMENT OF CDC MEETING:
There being no further business, Chairperson Mackenzie
adjourned the CDC Meeting at 10:38.p.m.
ROHNERT PARK FINANCING AUTHORITY
of the
CITY OF ROHNERT PARK
September 13, 2005
Tuesday
The Meeting of the City of Rohnert Park for the Rohnert
Park Financing Authority (RPFA) met this date in Regular
Session commencing at 10:38 p.m. at the Rohnert Park City
Hall, 6750 Commerce Boulevard, Rohnert Park, with
Chairperson Mackenzie presiding.
CALL TO ORDER:
Chairperson Mackenzie CALLED the RPFA Meeting to order at
10:38 p.m.
ROLL CALL:
Present: (4) Members Flores, Smith and Vidak- Martinez;
Chairperson Mackenzie
Absent: (1) Member Breeze
Staff present for all or part of the CDC Meeting:
Executive Director Donley, General Counsel Kenyon,
Videographer Beltz and Transcriber Leonard.
UNSCHEDULED PUBLIC APPEARANCES: None.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
September 13, 2005 Page(19)
***************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
1. CONSENT CALENDAR
Chairperson Mackenzie asked if there were any questions
about matters on the Consent Calendar. No Member
responded.
A. APPROVAL OF RPFA PORTION OF CONCURRENT CITY MEETING
MINUTES FOR:
REGULAR MEETINGS - AUGUST 9, 2005
REGULAR MEETINGS - AUGUST 23, 2005
Upon MOTION by Member Smith, seconded by Member Vidak-
Martinez, reading was waived and a motion to approve the
RPFA Consent Calendar, as outlined in the meeting's agenda,
was APPROVED 4 -0 -1 with Member Breeze absent.
***************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
ADJOURNMENT:
There being no further business, Chairperson Mackenzie
adjourned the RPFA Meeting at 10:38 p.m.
***************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
1
Katy eonard
Certified Shorthand Reporter
CSR No. 11599
Ja e Mackenzie
Mayor
City of Rohnert Park
*City Council /Community Development Commission/
Rohnert Park Financing Authority
GEORGE MILLER
7TH DISTRICT, CALIFORNIA
2205 RgveuRN HousE OFFICE SLKmNG
WASHINGTON, DC 20515 -0507
(202)225.2095
wwW.housagov /georgem iller
DANIEL WEISS
CHIEF OF STAFF
COMMITTEE ON EDUCATION
AND THE WORKFORCE
SENIOR DEMOCRAT
cOMmMEE ON RESOURCES
DEMOCRATIC POLICY COMMITTEE
CHAIRMAN
BARBARAJOHNSON
DISTRICT DIRECTOR
G' 1333 WILLOW PASS ROAD
Surre 203
(Langrjn;o of "je t'�W0 6t�te�
NA ot. Aepregwatiba.
aaljingtoq, �Iir 20515 -0507.
March 11, 2005
Senate - President pro Tern Don Perata Assembly Speaker Fabian Nunez
State Capitol State Capitol
Sa to, CA 95 Sacramento, CA 94249
Dear and Mr. 6��
I am writing to express my views about the gaming compact between the State of California and
the Lytton Band of POmo Indians under consideration by the .legislature. I recognize that gaming
compacts are a state matter. But I feel strongly that before the Senate and Assembly give: final
consideration to the compact, I take this opportunity to clearly. express my concerns.
As'you know, I authored and Congress approved legislation in 2000 to transfer into trust the=local
card club known as Casino San Pablo and its.surrounding land on behalf of the Lytton Band of -
Pomo Indians, a process that is allowed under federal law. The Lytton Band was a federally
recognized tribe that had its land and tribal status unfairly taken awayin the 1950s'. A federal
court restored the tribal status and also granted the tribe the right to pursue land acquisition for
housing and for economic development in areas outside of its original native lands, which are no
longer under its control.
After being approached by the City of San Pablo about -this project, and after carefully
investigating- the project proposal, I believed, and continue to believe, that it was appropriate for
Congress to transfer the land into trust. The proposal shown to me would have benefitted the
tribe and the. residents of San Pablo, a small city in need of economic development.
I continue foF support Indian tribes' right to pursue gaming, and I continue to support the right of
the City of San Pablo to make a Lytton casino part of its economic development program.
But somewhere- between when Congress approved the land transfer and today, the project that
was originally brought to me and to the Congress by the city and the tribe changed dramatically.
What was then described as a modest casino with approximately 1;000 slot machines, to be
developed within the context of the existing card room facility, instead was turned into a
proposal for 5,000 slot machines and a hotel and entertainment center that would make Casino
San Pablo one of the three largest casinos in the nation.
The revised project came as a surprise to many of us and understandably caused great concern
throughoufthe community about traffic congestion and other economic and quality of life
issues. I went to Sacramento and voiced my opposition to the senate leadership. In response to
PRINTED ON RECYCLED PAPER
CONCORD, CA 04520
(9251502 -18
q/
.3220 BLUME DRrvE
WIE.281
WCHMOND, CA 94805
(510202 -8 50D
370 6 &InEET
SWTE it
VALU MO,,CA94592
(707) 645-1800 '
TTY(202) 225 -1904
Senate - President pro Tern Don Perata Assembly Speaker Fabian Nunez
State Capitol State Capitol
Sa to, CA 95 Sacramento, CA 94249
Dear and Mr. 6��
I am writing to express my views about the gaming compact between the State of California and
the Lytton Band of POmo Indians under consideration by the .legislature. I recognize that gaming
compacts are a state matter. But I feel strongly that before the Senate and Assembly give: final
consideration to the compact, I take this opportunity to clearly. express my concerns.
As'you know, I authored and Congress approved legislation in 2000 to transfer into trust the=local
card club known as Casino San Pablo and its.surrounding land on behalf of the Lytton Band of -
Pomo Indians, a process that is allowed under federal law. The Lytton Band was a federally
recognized tribe that had its land and tribal status unfairly taken awayin the 1950s'. A federal
court restored the tribal status and also granted the tribe the right to pursue land acquisition for
housing and for economic development in areas outside of its original native lands, which are no
longer under its control.
After being approached by the City of San Pablo about -this project, and after carefully
investigating- the project proposal, I believed, and continue to believe, that it was appropriate for
Congress to transfer the land into trust. The proposal shown to me would have benefitted the
tribe and the. residents of San Pablo, a small city in need of economic development.
I continue foF support Indian tribes' right to pursue gaming, and I continue to support the right of
the City of San Pablo to make a Lytton casino part of its economic development program.
But somewhere- between when Congress approved the land transfer and today, the project that
was originally brought to me and to the Congress by the city and the tribe changed dramatically.
What was then described as a modest casino with approximately 1;000 slot machines, to be
developed within the context of the existing card room facility, instead was turned into a
proposal for 5,000 slot machines and a hotel and entertainment center that would make Casino
San Pablo one of the three largest casinos in the nation.
The revised project came as a surprise to many of us and understandably caused great concern
throughoufthe community about traffic congestion and other economic and quality of life
issues. I went to Sacramento and voiced my opposition to the senate leadership. In response to
PRINTED ON RECYCLED PAPER
Senate President pro Tem Don Perata
Assembly Speaker Fabian Nunez
March 11, 2005
Page 2
RTA C,�
A v��
my and others' concerns, the proposal was revised down to 2,500 slot machines. ---- --
Let 'me be clear that I have very strong reservations. about even this newly revised compact and
urge you to carefully consider whether the pending compact is appropriate for the local
community. I believe that the current proposal is inappropriately sized for the local community
and far exceeds what was originally proposed and what was originally expected by all parties
involved. I believe the concerns of the local community must be respected, and I applaud the
efforts of Senator Torlakson and Assemblywoman Hancock to closely examine those concerns.
Unless all of the funds and other resources needed to mitigate the impacts of a casino project in
San Pablo can be fully guaranteed in the compact, this compact should not be approved. And I
believe that there is little'confidence that such a guarantee can be achieved for the 2,500 slot
machine.proposal that is now under consideration. If the compact remains in its current form it
should be rejected by the legislature.
The process for considering what was once an appropriate proposal has been grossly distorted by
those who have sought to use the casino to achieve their own goals rather than the goals of the
local community. Governor Schwarzenegger in particular clearly believed that he could
ameliorate his serious state budget deficit problems by approving a mega - casino from which the
state would be granted 25 percent of-the profits.
Congress approved the right of the Lytton Band of Pomo Indians to negotiate a compact in good
faith with the State of California. Its approval does not guarantee the tribe a casino of any size
nor does it obligate the governor to approve a casino of any size. The responsibility for
negotiating a reasonable compact lies with the governor.. But now its approval rests with you.
Again, I respectfully understand that this is now before the legislature and how difficult this issue
is. I appreciate the time both the Senate and the Assembly are. giving toward its consideration
and I appreciate the opportunity to express my views to you.
Sincerely,
Member of Congrels, 7' District of California