2005/06/28 City Council Minutes (3)CITY OF ROHNERT PARK CONCURRENT MEETINGS MINUTES for:
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
ROHNERT PARK FINANCING AUTHORITY
June 28, 2005
Tuesday
The Concurrent Meetings of the City of Rohnert Park for
the City Council and the Community Development Commission
met this date in Regular Session 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
6:05 p.m.
ROLL CALL:
Present: (5) Councilmembers Flores, Smith and Spradlin;
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, Finance Services
Manager Lauchner, Senior Planner Bendorff, Building
Inspector Bruck, Interim Assistant City Manager /City
Engineer Jenkins, Senior Planner Bendorff, Neighborhood
Preservation Officer Denlis and City Clerk Hauff.
ADJOURN TO CLOSED SESSION:
Mayor Mackenzie adjourned Council to Closed Session to
consider Personnel Matters and Real Estate Negotiations.
REGULAR SESSION
Mayor Mackenzie reconvened Regular Session at 6:47 p.m. and
led the pledge of allegiance.
1. MAYOR'S REPORT ON CLOSED SESSION:
Mayor Mackenzie stated that there was no action to report
per the Closed Session.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
June 28, 2005 Page(2 )
2. SCHEDULED APPEARANCES /PRESENTATIONS:
1. Seamus Seanachaoi regarding the Renaissance Faire:
Mr. Seanachaoi DISTRIBUTED an informational flier and
extended an INVITATION to the Councilmembers to attend
the Heart of the Forest Renaissance Faire at Stafford
Lake in Novato, July 9 through August 14, every
Saturday and Sunday from 10:00 a.m. until 6:00 p.m. He
encouraged the Councilmembers to step back in time and
support their local artists.
2. Laura Moss regarding making Rohnert Park a
Colon - Cancer Free Zone and Mayor's presentation of
resolution encouraging Colon Cancer Awareness:
Ms. Moss and Sheryl Khoo of the American Cancer
Society, as well as Linda, a colon cancer survivor,
discussed efforts to educate the public toward.the
prevention of colon cancer via early detection. Said
group PRESENTED the Mayor with a framed photo of
himself accepting the American Cancer Society's
"Colon- Cancer Free Zone Challenge," as well as a
certificate recognizing Rohnert Park as a Colon
Cancer .Free Zone. The group also DISTRIBUTED
informational brochures regarding colon cancer testing
to the Councilmembers. Mayor Mackenzie READ AND
PRESENTED Resolution 2005 -170 to the representatives,
and Councilmembers encouraged members of the public to
get a colonoscopy at the appropriate age depending on
one's family history.
3. Mayor's presentation of resolution recognizing Art
Ibleto, The Pasta King, as an Honorary Citizen of
Rohnert Park: Mayor Mackenzie READ AND PRESENTED said
resolution to Mr. Ibleto, who shared comments about
the freedom in America, his love for the local area
and his passion for making pasta and wine. He noted
that he brought a box of food for each Councilmember.
Councilmembers acknowledged and thanked Mr. Ibleto
for his charity /fund- raising efforts over the past
four decades.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
June 28, 2005 Page(3 )
4. Tim Danesi regarding Funding for Association for the
Arts (AFTA): Mr. Danesi, new President of AFTA, noted
that he has a book regarding the history of Rohnert
Park, and he asked the City to consider a contribution
to AFTA to revive some of the organization's events.
He reviewed past events and noted that AFTA would like
to hold an arts event in October, 2006 in conjunction
with Sonoma State University and the City of Cotati.
He also noted the recent passing of arts supporter
Mark Luca for whom there will be a service on July 31
at the Senior Center. Mayor Mackenzie DIRECTED
Mr. Danesi to get a formal invitation to the City
Manager regarding the service for Mr. Luca, and he
DIRECTED STAFF to schedule a formal presentation on a
future agenda for Council to consider AFTA's request.
Councilmembers acknowledged the efforts of Dr. Luca
in supporting the arts, and they SUGGESTED (1) that
AFTA consider arranging a film festival and. (2) that
AFTA consult with the Chair of the Cultural Arts
Commission and then come back to the Council with
recommendations to consider.
3. STUDENT REPORTS:
SSU - Sonoma State University Associated Students,
Incorporated, by James J. Reilly III, Legislative
Representative: Mayor Mackenzie noted that Mr. Reilly
is not available to provide this report.
4. UNSCHEDULED PUBLIC APPEARANCES /COD94ENTS:
Members of the public who filled out a speaker card were
invited to come forward and speak.
1. Len Carlson, 3.49 Circulo San Blas, President, Rancho
Grande Mobile Home Park Association, was recognized
and requested Council to reconsider installing separate
water meters in Rancho Grande. Furthermore, he asked
the Council to consider ways to acquire the money for
said installation as the park owner is against the idea
as he is currently dividing the water bill among the
309 units. Also, Mr. Carlson INVITED Councilmembers to
a parade at Rancho Grande on July 4 at 9:00 a.m.
Mayor Mackenzie DIRECTED STAFF to return to Council with
a report on this matter regarding water meters.
2. Martha Waller, 4509 Harbor Lane, was recognized and
PRESENTED the Council with a letter from Mr. John Wood
and a statement of support with 169 signatures verifying
support of Vicki Wilkerson for all that she has done for
the seniors.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
June 28, 2005 Page(4 )
3. Lora Neffson, SCAYD, was recognized and indicated that
she wants to speak during the CDC Public Hearing.
4. Peter A. Tscherneff, Sonoma County, was recognized and
DISTRIBUTED AND READ a document regarding the various uses
of cactus, including erosion control, fire wall and food/
fruit /flower sources. He also discussed the benefits of
eating raw food, encouraging members of the public to
learn more at rawfood.com. Finally, he commented on the
tragedy that occurred at Columbine High School.
5. Chip Worthington, 4695 Snyder Lane, was recognized and
DISTRIBUTED AND REVIEWED a packet of documents, ATTACHED
TO THE ORIGINAL SET OF MINUTES, regarding various aspects
of Indian casinos in California. He discussed an article
by James Sweeney entitled, "Off- reservation gambling
limited by interior policy," and he reviewed the results
of an online poll, noting strong opposition to a casino
in Rohnert Park. He also quoted an excerpt from the
United States Securities and Exchange Commission Annual
Report for Fiscal Year ended December 31, 2004 per
Station Casinos Inc. 10 -K, filed on March 15, 2005, re
Station Casinos' agreement with the Federated Indians of
Graton Rancheria as follows: "The timing of this type
of project is difficult to predict and is dependent upon
the receipt of the necessary governmental and regulatory
approvals. There can be no assurances when or if these
approvals will be obtained."
FOR THE RECORD, Mayor Mackenzie stated that the City Council
does have a Tribal Liaison Subcommittee. He indicated that
when Greg Sarris, Chairman of the Federated Indians of
Graton Rancheria (FIGR), is done relocating to this part of
the country, Mr. Sarris and representatives of FIGR have
agreed to meet with said Subcommittee. Additionally, he
stated that the national guidelines are established under
the Federal environmental regulations. He noted that the
Draft Environmental Impact Study has been delayed, and that
the Council has no more accurate information on the matter.
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5. 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:
Resolutions 2005 -199 and 2005 -200 per Councilmember Smith's
recommendation. Furthermore, Councilmember Smith pulled the
Special Meeting of June 14, 2005 and the Regular Meeting of
June 14, 2005
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
June 28, 2005 Page(5 )
2. PUBLIC HEARING concurrently for 2005 -06 proposed
budgets for City and Five -Year Capital Improvement
Program (CIP): Mayor Mackenzie opened the Public
Hearing at 9:10 p.m. There being no members of the
public interested in speaking on this matter, Mayor
Mackenzie closed the Public Hearing at 9:10 p.m.
3. Resolutions for Adoption:
2005 -206 APPROVING A BUDGET FOR FISCAL YEAR 2005 -06
Council Motion /Discussion /Vote:
A MOTION was made by Councilmember Flores, seconded by
Councilmember Spradlin, to adopt Resolution 2005 -206.
Under discussion, Councilmember Flores indicated that he
was pleased with the upcoming overlays, the new fire
engines and the suggestions from staff. After the motion,
which was UNANIMOUSLY APPROVED, reading was waived and
Resolution 2005 -206 was ADOPTED.
A. APPROVAL OF CITY COUNCIL CONCURRENT MEETING MINUTES FOR:
SPECIAL MEETING - JUNE 14, 2005 - DEFERRED
REGULAR MEETING - JUNE 14, 2005 - DEFERRED
B. APPROVAL OF CITY BILLS /DEMANDS FOR PAYMENT:
CITY OF ROHNERT PARK /CITY COUNCIL IN THE AMOUNT OF:
$1,278,762.12
C. ACCEPTING CASH /INVESTMENTS REPORT FOR MONTH ENDING
MAY 31, 2005 . CONCURRENTLY FOR:
CITY OF ROHNERT PARK /CITY COUNCIL
ROHNERT PARK FINANCING AUTHORITY
D. RESOLUTIONS FOR ADOPTION:
2005 -190 HONORING PAUL V. BERLANT, WINDSOR TOWN MANAGER,
ON THE OCCASION OF HIS RETIREMENT
2005 -191 RECOGNIZING AND THANKING THE PROJECT GRADUATION
COMMITTEE
2005 -192 RECOGNIZING THE AMERICAN CANCER SOCIETY AND
DEBBIE PRUSINOVSKI FOR SUCCESSFUL RELAY FOR LIFE
EVENT AT RANCHO COTATE HIGH SCHOOL ON JUNE 4
AND 5, 2005
2005 -193 REJECTING BID FOR LEGAL CLASSIFIED ADVERTISEMENT
CONTRACT FOR THE CITY OF ROHNERT PARK
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
June 28, 2005 Page(6 )
2005 -194 APPROVING CONFIDENTIALITY /JOINT DEFENSE AGREEMENT
WITH THE CITIES OF PETALUMA, SANTA ROSA, WINDSOR,
CLOVERDALE, COTATI, SONOMA, SEBASTOPOL AND
HEALDSBURG REGARDING SONOMA COUNTY LANDFILL
CLOSURE
2005 -195 APPROVAL OF FINDINGS MAKING A DETERMINATION OF
PUBLIC CONVENIENCE AND NECESSITY FOR JUANITA
MARKET LOCATED AT 98 SOUTHWEST BOULEVARD
(ASSESSOR'S PARCEL NO. 143 - 150 -049 AND 057)
2005 -196 APPROVING AMENDMENT NO. ONE TO THE AGREEMENT WITH
BARBARA L. DENLIS FOR CONSULTING SERVICES AS THE
CITY'S NEIGHBORHOOD PRESERVATION AND CODE
ENFORCEMENT CONSULTANT
2005 -197 AUTHORIZING THE PURCHASE OF WELL SITE CHLORINATORS
2005 -198 EXTENDING THE CONTRACT WITH PEPSI BOTTLING GROUP
2005 -201 APPROVING VARIOUS RULES AND REGULATIONS TO GOVERN
THE USE OF OFF -LEASH DOG AREAS AND DOG PARKS
2005 -202 AUTHORIZING POSITION CLASSIFICATION AND SALARY
RANGE FOR THE POSITION OF HUMAN RESOURCES
ANALYST
2005 -203 AUTHORIZING POSITION CLASSIFICATIONS AND SALARY
RANGES FOR THE POSITIONS OF ACCOUNTING SERVICES
SUPERVISOR, ANIMAL SHELTER SUPERVISOR AND ANIMAL
HEALTH TECHNICIAN
Upon MOTION by Councilmember Smith, 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 exceptions of deferring the Special and
Regular Concurrent Meeting Minutes of June 14, 2005 and of
Resolution Nos. 2005 -199 and 2005 -200, was UNANIMOUSLY
APPROVED.
Items for Consideration:
2005 -199 AUTHORIZING THE AGREEMENT WITH OLD ADOBE
DEVELOPMENT SERVICES (OADS) FOR PARK CLEANING
SERVICES
and
2005 -200 AUTHORIZING AND APPROVING A RENTAL AGREEMENT
WITH OLD ADOBE DEVELOPMENT SERVICES (OADS) FOR
THE USE OF OFFICE SPACE AT THE ROHNERT PARK
COMMUNITY CENTER
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
June 28, 2005 Page(7 )
Councilmember Smith expressed appreciation that the City
provides jobs for developmentally challenged individuals.
A MOTION was made by Councilmember Smith, seconded by
Vice Mayor Vidak- Martinez, to consecutively and separately
adopt Resolution Nos. 2005 -199 and 2005 -200. Under
discussion, Mayor Mackenzie added that the City can be
proud of seeing OADS participants working every day. After
said motion, which was UNANIMOUSLY APPROVED, reading was
waived and Resolution Nos. 2005 -199 and 2005 -200 were
CONSECUTIVELY AND SEPARATELY ADOPTED.
6. CITY MANAGER POSITION EMPLOYMENT AGREEMENT:
Mayor Mackenzie referred to City Attorney Kenyon, who
shared brief remarks on the efforts that went into
negotiating this employment agreement, and she reviewed
minor changes to the agreement.
2005 -204 APPROVING EMPLOYMENT AGREEMENT WITH STEPHEN R.
DONLEY FOR CITY MANAGER POSITION
Upon MOTION by Councilmember Flores, seconded by Vice
Mayor Vidak- Martinez, a motion to adopt Resolution 2005 -204,
as amended per staff recommendations, was made. Under
discussion, Councilmember Flores noted that it was a
privilege to work on the Subcommittee that negotiated the
agreement with Mr. Donley, and he commended Mr. Donley for
his fiscal leadership. Councilmember Smith expressed
concern about the five -year term as the Government Code
calls for 18 months for City Managers. City Attorney
Kenyon confirmed that pages 7, 8 and 10 of the agreement
comply with State law, and that Councilmember Smith's
concern is addressed on page 10 under "Severance Pay."
Vice Mayor Vidak- Martinez acknowledged the hard work of the
Ad Hoc Subcommittee on this matter. Mayor Mackenzie
discussed the interesting relationship between the Council
and the City Manager as well as the City Attorney. He noted
that Council has great confidence in their appointments to
these positions. He emphasized that due consideration and
due process was followed in appointing the new City Manager.
After the motion, which was UNANIMOUSLY APPROVED, reading
was waived and Resolution 2005 -204 was ADOPTED AS AMENDED by
City Attorney Kenyon.
Mayor Mackenzie noted that Interim City Manager Donley will
start as City Manager on July 8, 2005.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
June 28, 2005 Page(8 )
7. CULTURAL ARTS COMMISSION MATTER:
1. Art in the Parks Project - Update by Emily Wiseman,
Cultural Arts Commissioner: Mayor Mackenzie noted
that Ms. Wiseman is not present at this time.
2. Council Discussion /Direction /Action: No action at
this time.
8. REDWOOD EMPIRE MUNICIPAL INSURANCE FUND ( REMIF) - CITY'S
MEMBERSHIP:
1. Staff Report /Presentation by REMIF General Manager,
Jeffrey J. Davis: Mr. Davis reviewed the contents
of the Staff Report.
2. Council Discussion /Direction /Action: Councilmembers
thanked Mr. Davis for the informative presentation.
Mr. Davis responded to Council questions /comments
about adequate earthquake insurance, coordinated
training with other cities per sexual harassment and
the City's cooperation with 14 other cities in terms
of pooling resources.
9. GREEN BUILDING CONSULTANT SERVICES FOR 130 AVRAM
BUILDING:
1. Staff Report: Interim City Manager explained this
matter and introduced Mr. Geoff Syphers, Director of
KEMA Green Building Services.
2. Consultant Presentation: Mr. Syphers reviewed the
contents of a Power Point presentation, and
Mr. Syphers and staff responded to Council questions/
comments about the silver, gold or platinum options,
comparisons of historical cost /benefit data, solar
panels, use of 130 Avram as a demonstration project
for the community, durability and incorporation of
said ideas into upcoming Specific Plans as well as
an infill project.
3. Resolution for Adoption:
2005 -205 APPROVING AGREEMENT WITH GREEN BUILDING
CONSULTANT SERVICES FOR 130 AVRAM BUILDING
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
June 28, 2005 Page(9 )
Council Motion /Discussion /Vote:
A MOTION was made by Vice Mayor Vidak- Martinez, seconded
by Councilmember Flores, to adopt Resolution 2005 -205.
Under discussion, Council agreed to call for,the
consultant to work with the gold or the platinum options
and to bring back recommendations to the Council.
Councilmember Flores noted that the platinum option will
provide the City with a showcase building. After said
motion, which was UNANIMOUSLY APPROVED, reading was waived
and Resolution 2005 -205 was ADOPTED with DIRECTIONS FOR
STAFF to work with the gold or platinum options for future
Council consideration.
RECESS: Mayor Mackenzie declared a five - minute recess
at 8:40 p.m.
RECONVENE:, Mayor Mackenzie reconvened the Council at
8:48 p.m. with all Councilmembers present.
10. FISCAL YEAR 2005 -06 CITY BUDGET AND THE FIVE -YEAR
CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET:
1. Staff Report: Finance Services Manager Lauchner
provided the Staff Reports for both items via a
Power Point presentation, and she responded to
Council questions /comments.
2. PUBLIC HEARING concurrently for 2005 -06 proposed
budgets for City and Five -Year Capital Improvement
Program (CIP): Mayor Mackenzie opened the Public
Hearing at 9:10 p.m. There being no members of the
public interested in speaking on this matter, Mayor
Mackenzie closed the Public Hearing at 9:10 p.m.
3. Resolutions for Adoption:
2005 -206 APPROVING A BUDGET FOR FISCAL YEAR 2005 -06
Council Motion /Discussion /Vote:
A MOTION was made by Councilmember Flores, seconded by
Councilmember Spradlin, to adopt Resolution 2005 -206.
Under discussion, Councilmember Flores indicated that he
was pleased with the upcoming overlays, the new fire
engines and the suggestions from staff. After the motion,
which was UNANIMOUSLY APPROVED, reading was waived and
Resolution 2005 -206 was ADOPTED.
2005 -207 APPROVING FIVE -YEAR CAPITAL IMPROVEMENT PROGRAM
PROJECTS FOR FISCAL YEAR 2005 -06
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
June 28, 2005 Page(10)
Council Motion /Discussion /Vote:
A MOTION was made by Councilmember Smith, seconded by Vice
Mayor Vidak- Martinez, to adopt Resolution 2005 -207.
Under discussion, Mayor Mackenzie noted the efforts of staff
in keeping this document current. Councilmember Smith
stated that the Capital Improvement Program does not use
much money from the General Fund. After the motion, which
was UNANIMOUSLY APPROVED, reading was waived and
Resolution 2005 -207 was ADOPTED.
RECESS: Mayor Mackenzie recessed the City Council meeting
at 9:14 p.m. to convene the Community Development
Commission (CDC) meeting. He noted that City
Attorney Kenyon has decided that it is best to
separate Community Development Commission meeting
items from the City Council meeting.
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COMMUNITY DEVELOPMENT COMMISSION
of the
CITY OF ROHNERT PARK
AGENDA:
June 28, 2005
Tuesday
The Meeting of the City of Rohnert Park for the Community
Development Commission (CDC) met this date in Regular
Session commencing at 9:14 p.m. at the Rohnert Park City
Hall, 6750 Commerce Boulevard, Rohnert Park, with
Chairperson Mackenzie presiding.
CALL TO ORDER /PLEDGE OF ALLEGIANCE:
Chairperson Mackenzie CALLED the CDC Meeting to order at
9:14 p.m.
ROLL CALL:
Present: (5) Commissioners Flores, Smith, Spradlin and
Vidak- Martinez; Chairperson Mackenzie
Absent: (0) None
Staff present for all or part of the CDC Meeting:
Executive Director Donley, City Attorney Kenyon, Finance
Services Manager Lauchner, Senior Planner Bendorff,
Building Inspector Bruck, Interim Assistant City Manager/
City Engineer Jenkins and Secretary Hauff.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
June 28, 2005 Page(11)
1. CONSENT CALENDAR
Chairperson Mackenzie asked if there were any questions
about matters on the Consent Calendar. Executive Director
Donley signified the need to defer the Special and Regular
Meeting Minutes of June 14, 2005 due to Secretary Hauff's
staff working on a transcript for a court case.
A. APPROVAL OF CDC PORTION OF CONCURRENT CITY COUNCIL
MEETING MINUTES FOR:
SPECIAL MEETING - JUNE 14, 2005 - DEFERRED
REGULAR MEETING - JUNE 14, 2005 - DEFERRED
B. APPROVAL OF CDC BILLS /DEMANDS FOR PAYMENT:
COMMUNITY DEVELOPMENT COMMISSION IN THE AMOUNT OF:
$87,588.94
C. ACCEPTING CASH /INVESTMENTS REPORT FOR MONTH ENDING
MAY 31, 2005 CONCURRENTLY FOR:
COMMUNITY DEVELOPMENT COMMISSION
D. RESOLUTIONS FOR ADOPTION:
2005 -06 AUTHORIZING FINANCIAL ASSISTANCE COVERING A
FUNDING SHORTFALL FOR MANAGEMENT OF THE FIVE
CDCRP -OWNED SHARED HOUSING LIVING HOMES OPERATED
BY COMMITTEE ON THE SHELTERLESS (COTS)
2005 -07 APPROVING AMENDMENT NO. SIX TO THE AGREEMENT WITH
COMMITTEE ON THE SHELTERLESS (COTS) TO PROVIDE
FUNDING TO SUPPLEMENT MANAGEMENT OF THE ALMA STREET
TRANSITIONAL HOME FOR VERY LOW -INCOME MOTHERS WITH
CHILDREN
2005 -08 APPROVING AMENDMENT NO. TWO TO THE AGREEMENT WITH
SONOMA COUNTY ADULT AND YOUTH DEVELOPMENT (SCAYD)
AUTHORIZING CONTINUED FUNDING TO PROVIDE HOMELESS
PREVENTION SERVICES FOR LOW INCOME ROHNERT PARK
RESIDENTS AT RISK OF BECOMING HOMELESS
Upon MOTION by Commissioner Vidak- Martinez, seconded by
Commissioner Spradlin, reading was waived and a motion to
approve the CDC Consent Calendar, as outlined in the
meeting's agenda, with exception of the Special and Regular
Meeting minutes of June 14, 2005 being .deferred, was
UNANIMOUSLY APPROVED.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
June 28, 2005 Page(12)
2. FISCAL YEAR 2005 -06 COMMUNITY DEVELOPMENT COMMISSION
BUDGET:
1. Staff Report: Executive Director Donley
reviewed highlights of the Proposed Budget.
2. PUBLIC HEARING: Chairperson Mackenzie opened the
Public Hearing at 9:18 p.m.
1. Lora Neffson, Coordinator of Sonoma County Adult & Youth
Development (SCAYD), was recognized and thanked the
Commission for approving continued funding and for
extending their stay at the current site. She noted
several benefits of SCAYD's services, including a
bilingual hotline and food pantries, and she stated
that SCAYD staff receive many thanks from the community.
There being no more members of the public interested
in speaking on this matter, Chairperson Mackenzie
closed the Public Hearing at 9:18 p.m.
3. CDC Resolution for Adoption:
2005 -09 APPROVING CDC BUDGET FOR FISCAL YEAR 2005 -06
CDC Motion /Discussion /Vote:
A MOTION was made by Commissioner Flores, seconded by
Commissioner Vidak- Martinez, to adopt CDC Resolution
2005 -09. Under discussion, Commissioner Flores expressed
his gratitude for the work of the Committee on the
Shelterless (COTS). Commissioner Smith noted that it is
the citizens of Rohnert Park who actually support the
various CDC programs. Chairperson Mackenzie called for the
CDC to continue with the goals it has set forth, including
Burbank Housing projects and various mobile home park
projects. After the motion, which was UNANIMOUSLY APPROVED,
reading was waived and CDC Resolution 2005 -09 was ADOPTED.
ADJOURNMENT:
There being no further business, Chairperson Mackenzie
adjourned the CDC Meeting at 9:24 p.m.
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RECONVENE: Mayor Mackenzie reconvened the City Council
meeting at 9:24 p.m., and noting the arrival
of Emily Wiseman of the Cultural Arts
Commission, he advised Council that the meeting
would return to Agenda Item No. 7 at this time.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
June 28, 2005 Page(13)
7. CULTURAL ARTS COMMISSION MATTER: [Out of order]
1. Art in the Parks Project - Update by Emily Wiseman,
Cultural Arts Commissioner: Ms. Wiseman reviewed
the contents of the Staff Report.
2. Council Discussion /Direction /Action: Mayor Mackenzie
REQUESTED that Ms. Wiseman present a progress report
to the Council in about a month. The Mayor also
thanked Ms. Wiseman for the Commission's efforts.
11. ASSESSMENT DISTRICT 05 -01. PROPOSED FOR SEWER FORCE
MAIN PROJECT 2003 -11:
1. Staff Report: Interim City Manager Donley introduced
Mary Grace Pawson of Winzler & Kelly. Ms. Pawson
reviewed the contents of the Staff Report, and along
with staff she responded to Council.questions and
comments.
At this time, Mayor Mackenzie called forward any members of
the public interested in commenting on this matter.
1. Van Logan, representing the Northeast Specific Plan
proponents, was recognized and emphasized that the Plan
is a very cohesive process. Referring to the diagram,
Mr. Logan indicated that there will be no crossing of
other people's properties.
2. Resolution for Adoption:
2005 -208 AMENDING THE MAP SHOWING THE PROPOSED BOUNDARIES
OF ASSESSMENT DISTRICT 05 -01 (SEWER FORCE MAIN
PROJECT 2003 -I1) AND ORDERING THE FILING THEREOF
Council Motion /Discussion /Vote:
Upon MOTION by Councilmember Smith, seconded by Vice Mayor
Vidak- Martinez, and UNANIMOUSLY APPROVED, reading was waived
and Resolution 2005 -208 was ADOPTED.
3. PUBLIC HEARING: Mayor Mackenzie called forward
members of the public wishing to comment on this
matter.
FOR THE RECORD, Mayor Mackenzie stated that this Public
Hearing is the last opportunity for members of the public
to comment on the above- listed matter regarding Assessment
District 05 -01.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
June 28, 2005 Page(14)
Mayor Mackenzie opened the Public Hearing at 9:37 p.m.
There being no members of the public interested in
speaking on this matter, Mayor Mackenzie closed the
Public Hearing at 9:37 p.m.
RECESS: Mayor Mackenzie declared a five- minute recess at
9:37 p.m. to allow staff time for tabulation of the
Replacement Ballots received.
RECONVENE: Mayor Mackenzie reconvened Council at 9:50 p.m.
with all Councilmembers present.
REVIEW OF RESULTS OF TABULATED REPLACEMENT BALLOTS:
City Clerk Hauff reviewed the tabulation of Replacement
Ballots for the Assessment District 05 -01 proposed for
Sewer Force Main Project 2003 -11 handled by Winzler & Kelly
Engineers, Mary Grace Pawson and Charles Yanucil. City
Clerk Hauff reported the results as follows:
Total Votes in Favor: 4,783,901
Total Votes Opposed: 0 (None)
Total Votes Cast: 4,783,901 representing 96.37 percent
Three Absentee Votes as follows: One (1) unsigned
One (1) unmarked
One (1) absent
4. Resolution for Adoption:
2005 -209 MAKING DETERMINATIONS, CONFIRMING ASSESSMENTS AND
PROCEEDINGS AND DESIGNATING THE DIRECTOR OF
FINANCE TO COLLECT AND RECEIVE ASSESSMENTS AND TO
ESTABLISH A SPECIAL FUND FOR ASSESSMENT DISTRICT
NO. 05 -01 (SEWER FORCE MAIN PROJECT NO. 2003 -11)
Council Motion /Discussion /Vote:
A MOTION was made by Councilmember Spradlin, seconded by
Councilmember Flores, to adopt Resolution 2005 -209. Under
discussion
eeeuic in the fdtere in areas within as well as eatside ef the
Ms. Pawson, in response to a request for clarification from .
Counci.lmember Smith, confirmed that the City's recently adopted
Water Supply Assessment is in conformance and does not mandate
the annexation of the property in question. After the motion,
which was UNANIMOUSLY APPROVED, reading was waived and
Resolution 2005 -209 was adopted.
*CORRECTION•ABOVE made at 7/26/05 City Council mtg. by
Council Member Tim Smith (deletion lined out /addition underlined)
*City Council /Community Development Commission
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
June 28, 2005 Page(15)
12. PLANNING AND ZONING MATTER:
Subdivision Ordinance - File No. PL2005 -031MC -
consideration of Certifying a Negative Declaration and
introducing proposed ordinance amending Title 16,
"Subdivisions," of the Rohnert Park Municipal Code:
1. Staff Report: Senior Planner Bendorff reviewed
the contents of the Staff Report and noted that
typing errors will be corrected in Ordinance 744
prior to the second reading.
2. PUBLIC HEARING: Mayor Mackenzie opened the Public
Hearing at 9:55 p.m. There being no more members of
the public interested in speaking on this matter,
Mayor Mackenzie closed the Public Hearing at 9:55 p.m.
3. Resolution for Adoption:
2005 -210 CERTIFYING A NEGATIVE DECLARATION FOR THE
ADOPTION OF AN ORDINANCE AMENDING TITLE 16,
"SUBDIVISIONS," OF THE ROHNERT PARK MUNICIPAL
CODE
Council Motion /Discussion /Vote:
A MOTION was made by Vice Mayor Vidak- Martinez, seconded
by Councilmember Smith, to adopt Resolution 2005 -210.
Under discussion, Councilmember Flores indicated that
Council has the benefit of the reports from Senior Planner
Bendorff, and he noted that it has been a long time since
there has been any update. After the motion, which was
UNANIMOUSLY APPROVED, reading was waived and Resolution
2005 -210 was ADOPTED.
4. Waive First Reading and Introduce Ordinance by
reading title:
No. 744 AMENDING TITLE 16, "SUBDIVISIONS," OF THE ROHNERT
PARK MUNICIPAL CODE
Council Motion /Discussion /Roll Call Vote:
Upon MOTION by Councilmember Smith, seconded by Vice Mayor
Vidak- Martinez, and UNANIMOUSLY APPROVED, reading was
waived and Ordinance No. 744 was INTRODUCED BY ROLL CALL
VOTE.
13. NEIGHBORHOOD PRESERVATION PROGRAM - SIX -MONTH REVIEW:
1. Staff Report: Neighborhood Preservation Officer
Denlis shared the contents of the Staff Report.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
June 28, 2005 Page(16)
2. Council Discussion /Direction /Action: Councilmembers
thanked staff for the update. Councilmember Flores
expressed support for a full -time Neighborhood
Preservation Officer. Councilmember Smith inquired
about a home with some nuisance problems in the
Country Club area, and Neighborhood Preservation
Officer Denlis indicated that staff has been working
on the matter. Mayor Mackenzie DIRECTED STAFF to
bring back the idea of a full -time Neighborhood
Preservation Officer during the next budget year.
14. GENERAL PENALTY ORDINANCE:
Consideration of introducing proposed ordinance amending
Section 1.16.010, "General Penalty," of the Rohnert Park
Municipal Code:
1. Staff Report: Interim City Manager Donley advised
Council of staff's recommendation to DEFER said item
as staff needs more time to fully consider certain
aspects of the ordinance. Staff indicated said item
should be ready for the first Council meeting in July.
2. Public Comments: Item DEFERRED per staff
recommendation.
3. Waive First Reading and Introduce Ordinance by reading
title.
No. 743 AMENDING SECTION 1.16.010, "GENERAL PENALTY." OF
THE ROHNERT PARK MUNICIPAL CODE
Item DEFERRED per staff recommendation.
15. GENERAL PLAN IMPLEMENTATION PROCESS:
Review of process and consideration of appointing a
Subcommittee:
1. Staff Report: Interim City Manager Donley reviewed
the contents of the Staff Report, and City Attorney
Kenyon discussed her support for the recommendation
to set up a Subcommittee.
2. Council Discussion /Direction /Action: Councilmembers
expressed support for said Subcommittee, and staff
responded to Council questions /comments. Mayor
Mackenzie recommended adding the words "and the
growth management" to the second "Whereas" phrase in
the proposed resolution.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
June 28, 2005 Page(17)
3. Resolution for Adoption:
2005 -211 ESTABLISHING A CITY COUNCIL SUBCOMMITTEE FOR THE
CITY'S GENERAL PLAN IMPLEMENTATION PROCESS
Council Motion /Discussion /Vote:
Upon MOTION by Vice Mayor Vidak- Martinez, seconded by
Councilmember Spradlin, and UNANIMOUSLY APPROVED, reading
was waived and Resolution 2005 -211 was ADOPTED AS AMENDED
to include the words "and the growth management" in the
second "Whereas" phrase.
Mayor Mackenzie APPOINTED himself and Vice Mayor Vidak-
Martinez to the Ad Hoc General Plan Implementation
Subcommittee. He noted that he and the Vice Mayor had
worked together as the General Plan Subcommittee in 1998 and
that they have clarity as to General Plan policies.
16. COUNCIL COMMITTEE AND /OR OTHER REPORTS:
1. Association of Bay Area Governments (ABAG) Regional
Planning Committee, June 1, 2005 meeting: Mayor
Mackenzie reported that ABAG is continuing to spend
time on regional planning and water use.
2. Mayors' & Councilmembers' Legislative Committee,
June 3, 2005 meeting: Mayor Mackenzie provided a
brief report on this meeting.
3. Sonoma County Waste Management Agency, June 15, 2005
meeting: Councilmember Smith reported on discussions
regarding franchise fees, Petaluma landfill issues and
the funding of SCWMA.
4. Water Issues Subcommittee, June 15, 2005 meeting:
Councilmember Flores and Mayor Mackenzie reported on
matters relating to Marin Municipal and its request
for a two -year extension, water conservation, the
water supply MOU and the State Water Quality Control
Board's funding to communities for sustainability.
Mayor Mackenzie thanked City Engineer Jenkins for all
of his work on water issues.
5. Local Government Commission, June 22, 2005 meeting:
Mayor Mackenzie acknowledged this meeting. No report
provided.
6. 2005 Economic Briefing, June 16, 2005 meeting:
Councilmembers Smith and Flores and Mayor Mackenzie
reported on this meeting, noting discussions about
the price of oil and issues of sustainability.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
June 28, 2005 Page(18)
7. Climate Protection, June 16, 2005 meeting: Vice
Mayor Vidak- Martinez reported on discussions regarding
the reduction of greenhouse gas emissions. Mayor
Mackenzie noted that Climate Protection Campaign
matters need to be placed on the Council's July 12th
meeting agenda.
8. Senior Citizens Advisory Commission, June 16, 2005
meeting: Councilmember Flores reported on the quality
of the senior programs administered by Vicki Wilkerson
and the issue of opening the Senior Center during
holidays.
City Attorney Kenyon left the Council chambers at 10:34 p.m.
9. Other informational reports, if any:
a. Public Safety Ad Hoc Committee: Vice Mayor Vidak-
Martinez discussed how the Public Safety Ad Hoc
Committee has essentially completed its job. She
recommended referring the matter of how Public
Safety will implement services within the General
Plan to the City Manager for recommendations.
At the request of Mayor Mackenzie, Council
CONCURRED to disband the Public Safety Ad Hoc
Committee and to refer the matter of implementation
of Public Safety services within the General Plan
to the City Manager for recommendations.
b. Federated Indians of Graton Rancheria: Mayor
Mackenzie noted that the City is waiting for
Chairperson Sarris to get settled in the area
before scheduling a meeting with the Tribe and City
representatives. The Mayor also noted that the
Environmental Impact Study (EIS) is still in draft
form and not completely settled.
c. Leadership Institute: At the request of
Councilmember Smith, Council CONCURRED to provide
a monetary portion for participation in a forum at
the end'of July. Interim City Manager Donley
indicated that he can provide two staff members to
attend.
17. COMMUNICATIONS:
Communications per the attached outline were brought to the
attention of the Councilmembers. The following items were
pulled for discussion:
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
June 28, 2005 Page(19)
1. Scout Christopher Adams event on July 23, 2005:
Councilmember Flores asked Mayor Mackenzie to attend
said event and to issue a proclamation. Vice Mayor
Vidak- Martinez indicated that she will be doing the
invocation at the event, and Mayor Mackenzie DIRECTED
STAFF to prepare a proclamation.
2. N. Dobbs, President and CEO of KRCB: Councilmember
Smith acknowledged the letter of thanks from KRCB for
approval of the Purchase Agreement authorizing the
sale of KRCB studio site. Mayor Mackenzie commended
Interim City Manager Donley and City Attorney Kenyon
for their efforts in this matter.
18. MATTERS FROM /FOR COUNCIL:.
1. Mayors' & Councilmembers' Association General
Membership Meeting of Thursday, July 14, 2005 -
Consideration of appointment to the County Human
Services Commission of a two -year term that expires
June, 2007:
Council Discussion /Direction /Action: At the
suggestion of Vice Mayor Vidak- Martinez, Council
CONCURRED to support the appointment of Cotati
Councilmember Geoff Fox.
2. AB939 Local Task Force - Consideration of City of
Rohnert Park appointment to the AB939 (Recycling)
Sonoma County Local Task Force:
Council Discussion /Direction /Action: Mayor Mackenzie
explained the work of this task force, and upon MOTION
by Councilmember Smith, seconded by Councilmember
Flores, a motion to designate Roxanne Meuse as Rohnert
Park's appointment to the AB939 Local Task Force and
James J. Reilly, III as the alternate, was UNANIMOUSLY
APPROVED.
3. Proposition 13 concerns on property taxes and
advocating change: Councilmember Smith explained a
letter he recently wrote to the Chronicle, entitled,
"Prop. 13- Forever is too long."
4. Calendar of Upcoming Events: Mayor Mackenzie
referred Council to said document provided in the
agenda packets.
5. Agenda Forecast: Mayor Mackenzie referred Council
to said document provided in the agenda packets.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
a
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
June 28, 2005 Page(20)
6. Other informational items, if any: None.
19. CITY MANAGER'S REPORT:
1. City Hall Drive name change proposed to City Center
Drive: Interim City Manager Donley provided a brief
report on this item.
Council Discussion /Direction /Action: Council
CONCURRED with the proposed name change from "City
Hall Drive" to "City Center Drive."
2. Sonoma State University (SSU) meeting with President
Ruben Arminana, June 17, 2005: Interim City Manager
Donley reported on discussions concerning the Green
Music Center and faculty housing that involves the
purchase of property just east of G Section.
Councilmembers expressed concern about the provision
of services for this faculty housing, and they
expressed a desire for dialogue on this matter
between the Council and the SSU Board of Trustees.
3. United Way Update: Informational purposes only.
4. Sonoma County Water Agency (SCWA) meeting with
Division Chief Mike Thompson: Interim City Manager
Donley reported that he and Mayor Mackenzie will meet
with Mr. Thompson sometime in July.
5. Santa Rosa City School District: Interim City
Manager Donley explained this matter, and Vice Mayor
Vidak- Martinez shared additional information about
State funding regulations and a meeting held today on
this matter.
6. City of Cotati meeting with City Manager Terry
Stubbings and Mayor Lisa Moore, June 23, 2005: Mayor
Mackenzie indicated that the Cotati representatives
are requesting to meet this Thursday, July 14th, at
1:30 p.m. Interim City Manager Donley stated that he
will check on scheduling.
7. Meeting with Federated Indians of Graton Rancheria:
Interim City Manager Donley reported on the state of
certain wells at the proposed casino site.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
June 28, 2005 Page(21)
8. Other informational items, if any:
a. Joint Meeting of Planning Commission, Parks and
Recreation Commission and City Council on July 13,
2005: Interim City Manager Donley advised that
the City Council agenda for the Regular Meeting on
July 12 will be light to reserve staff efforts for
the Joint Meeting the following evening.
b. Spreckels Performing Arts Center: ' Cou•ncilmember
Smith and Mayor Mackenzie commended recent efforts
by the PAC staff.
20. PUBLIC COMMENTS:
Members of the public desiring to speak were invited to
come forward. No members of the public responded.
ADJOURNMENT:
There being no further business, Mayor Mackenzie ADJOURNED
the meeting at 11:00 p.m.
Kiffy Leo rd ke Mackenzie
Certified Shorthand Reporter Mayor
CSR No. 11599 City of Rohnert Park
*City Council /Community Development Commission/
Rohnert Park Financing Authority
IS THE CASINO STILL A "DONE DEALT' by fT/�
• Oakland Casino stopped by public opposition
• San Pablo mega casino stopped b public opposition
0
pp Y p Pp
• Reservation shopping limited by Gale Norton
• State asks Graton to discuss with our committee other sites
• Congressman Piombo held hearings on reservation shopping.
• The governor has stated he will negotiate "only after land is taken into trust."
Conclusion: Entire atmosphere changed toward Graton Rancheria's reservation shopping scheme!
Results of ONLINE POLL
Total number of responses — 1,457
What County do you live? Sonoma 1,238 (85 %), Marin 193 (13 %), Other 26 (<2 %).
What is your position regarding a casino in Rohnert Park? Strongly opposed 93 %, Oppose 6 %,
Support 1 %, Strongly Support 2 %, No opinion <1 %.
Do you support or oppose more Indian casinos in California? Strongly oppose 91 %, Oppose 5 %,
Support 1 %, Strongly Support 3 %, No opinion <1 %.
Would you support a ballot measure that would place a moratorium onlnew Indian casinos in Calif?
Strongly support 82 %, Support 10 %, oppose 2 %.
Excerpt taken from the United States Securities and Exchange Commission Annual Report December 31,
2004 from Stations Casinos Inc..
"In addition, we have agreed to pay approximately $11.3 million of payments upon achieving certain
milestones, which will not be reimbursed. As of December 31, 2004, approximately $2.0 million of these
payments had been made and were expensed in development expense as incurred.
The timing of this type of project is difficult to predict and is dependent upon the receipt of the
necessary governmental and regulatory approvals. There can be no assurances when or if these
approvals will be obtained."
Off - reservation gambling limited by interior policy
By James P. Sweeney
Copley News Service
May 30, 2005
SACRAMENTO — In a scenic stop along Oregon's beloved Columbia River Gorge, Interior Secretary Gale Norton
has taken a decisive new stand in the national debate over off - reservation Indian casinos.
The federal agency will no longer consider gambling agreements for sites that are not Indian lands held in trust for a
tribe by the federal government, the department declared.
The policy was delivered May 20 in a letter rejecting a compact for a massive casino resort at an off - reservation site in
the gorge, a breathtaking river cut that winds 85 miles through the Cascade Mountain Range.
The decision, an about -face for the Interior Department, stunned many Oregonians, including Gov. Ted Kulongoski
and members of the Confederated Tribes of the Warm Springs Reservation, who negotiated the gambling compact.
"The perception was that this was an unstoppable freight train," said U.S. Rep. David Wu, an Oregon Democrat
whose Portland -to- Astoria district includes the site. "The governor was behind it. The biggest newspaper was behind
it. Huge moneyed interests were behind it."
Wu appealed to Norton anyway, sending an impassioned letter urging her to reject the compact.
The national implications of the decision are still being assessed, but some close to the situation are convinced that
Norton concluded it was time to join a growing push in Congress and elsewhere to limit off - reservation casinos.
"What Interior's done should put a brake on reservation shopping," said Tom Gede, an Indian- gambling specialist and
executive director of the Conference of Western Attorney General. "It means the Bureau of Indian Affairs will engage
in a more thorough environmental review of the land acquisition before they ever get to the gambling question."
At least two big off - reservation casino projects have been pushing ahead although the desired land is not yet in trust.
The North Fork Rancheria wants to build a casino in Madera, adjacent to busy Highway 99k, and the Graton
Rancheria has identified a 360 -acre site near Rohnert Park in Sonoma County.
The Interior of Department's carefully written letter in the Warm Springs case suggests Norton will reject compacts
for any off - reservation casinos where the land is not in trust, even if Schwarzenegger signs them.
James Cason, an associate deputy interior secretary, explained in the letter that the agency has reassessed its discretion
under the operative federal law, the 1988 Indian Gaming Regulatory Act.
Cason concluded that the law "does not authorize the secretary to approve a compact for the conduct of Class III
gaming activities (slot machines and other Nevada -style games) on lands that are not now, and may never be, Indian
lands."
That statement appears to encompass all three avenues outlined in federal law for taking new lands into trust for
gaming, said Howard Dickstein, a leading tribal attorney. "That covers everything," Dickstein said.
By forcing off - reservation proposals to secure land in trust before a compact can be considered, the department is
requiring that an extensive, time - consuming environmental review also be done upfront. That analysis must take into
consideration impacts and opposition from surrounding communities and tribes.
Annlications to take land into trust for gang- related purposes have taken an average of three to four eat rs to
process, said Gary Garrison of the Bureau of Indian Affairs.
In addition to the delay, the new policy will require financial backers to buy casino sites outright, rather than acquiring
much less expensive options on property, Dickstein said. "From an investor's point of view, this makes it riskier
because you don't have the endgame tied up before you spend a great deal of money on a gaming project" he said.
STC181
Stop the Casino 101 Coalition
Pastor Chits Worthington, Founder
"�amblfng is a scourge on any people." Greg Sarris, Chairman, Federated Indians of
Graton Rancher;a
Between May 29, 2005, and June 19, 2005, ST 0101 conducted an online poll.
The poll asked four questions: "in what county do you live ?" "What is you position regarding a casino iri
Rohnert Park ?" "Do you support or oppose more casinos in California ? ", and. "Would you support a
ballot measure that would place a moratorium on new Indian casinos in Caaifornia?
The reults of the poll are shown below. As you can see, an overwh�elmin.g number of the 1,457
respondents are opposed to casinos in California and in to the casino proposed for Pohnert Park. In
addition, there clearly is support for a moraotrium on new casinos in this region.
VVe urge you to take these figures into consideration whenever you approach the issue of indian casings,
Shoudi you have any questions, please feel free to contact me.
6/28/2005
Page 2 of 3
Very truly yours,
Marilee Montgomery, Public Information Liaison
STC101
or reply to this email
one f ? 7 7 -`iK ?-. .. ".3rj
. RESULTS OF ONLINE POLL
Total Nu m b r of
In what cotinty do you Rve?
Sonoma J.23
N4 ,11111 19' ' i Uici
What is your posiflon regarding to casino 1a ohnert Park?
Oppose 6%
z
o
Do-
you support or oppose r9rnr4, Indian casino's if, California?
Oppose 5%
No ,
'ocild you support aMflol raeasare the d °QF's3idd place a moraaio3lwfl3 sal. new Indi ll caslw')3' in California?
S1,1! por 1 UX'
Oppos�w 21','
6/28/2005
Chip and Linda Worthington
From: "Stop the Casino 101 Coalition" <donegal @sonic.net>
To: "Chip Worthington" <chip@sonic.net>
Sent: Friday, June 24, 2005 4:50 PM
Subject: STATION CASINOS INC
EXCERPT:
STATION CASINOS INC
10 -K filed on 03/15/2005
UNITED. STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 10 -K
(Mark One)
Page 1 of 2
O ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SEC[3R2iiTIF,S
EXCHANGE ACT OF 1934
for the fiscal year ended December 31, 2004
OR
Q TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
for the transition period from to
Commission Me number 000-21640
STATION CASINOS, INC.
(Exact name of registrant as specified in its charter)
Nevada
(State or other jurisdiction of
incorporation or organization)
88-0136443
(I.R.S. Employer Identification No.)
2411 West Sahara Avenue, Las Vegas, Nevada 89102
(Address of principal executive offices, Zip Code)
RPgistrTICS telephone number, including area code: (702) 367 -2411
- rarities registered pursuant to Section 12(b) of the Act:
The Federated Indians of Graton Rwwheria
We have entered into Development and Management Agreements with the Federated Indians of Graton Ranchena (the
"FIGR") a federally recognized Native American tribe. Pursuant to those agreements we will assist the FIGR in developing
and operating a gaming and entertainment project to be located in Sonoma. County, California. The FIGR selected us to assist
it in designing, developing and financing the project and, upon opening we will manage the facility on behalf of the FIGR.
The Management Agreement has a term of seven years from the opening of the facility and we will receive a management
fee equal to 22% of the facility's net income. We will also receive a development fee equal to 21/o of the cost of the project
upon the opening of the facility.
In August 2003, we entered into an option to purchase 360 acres of land just west of the Rohnert Park city limits in
6/28/2005
Page 2 of 2
Sonoma County, California. The proposed site of the project is bordered by Stony Point Road, Wilfred Avenue and
Rohnert Park Expressway, approximately one -half mile from Highway 101 and approximately 43 miles from downtown San
Francisco. In October 2003, the FIGR entered into a Memorandum of Understanding with the City of Rohnert Park.
Development of the gaming and entertainment project is subject to certain governmental and regulatory approvals, including,
but not limited to, negotiating a gaming compact with the State of California, the United States Department of the Interior
( "DOI ") accepting the land into trust on behalf of the FIGR and approval of the Management Agreement by the National
Indian Gaining Commission ( "NIGC "). Prior to obtaining third -party financing, we will contribute significant financial
support to the project. As of December 31, 2004, we had advanced approximately $22.4 million toward the development of
this project, primarily to perform due diligence and secure real estate for the FIGR project, which is included in other assets,
net on our consolidated balance sheets. Funds advanced by us are expected to be repaid from the oce As of the project
fmancin or from a FIGR's -In addition, we have agreed to pay approximately $11. million o
on achieving certain in estones, which will not be reimbursed. As of December 31, 2004, approximately $2.0 million of
these payments had been made and were expensed in development expense as incurred. The timing of this type of project is
difficult to predict and is dependent upon the receipt of the necessary governmental and regulatory approvals. There can be
no assurances when or if these approvals will be obtained.
, 0A
6/28!201115
SignOnSanDiego.com > News > State -- Off- reservation gambling limited by Interior pol... Page 1 of 3
C6�.- PRINT
Off- reservation gambling limited by Interior policy
By James P. Sweeney
COPLEY NEWS SERVICE
May 30, 2005
SACRAMENTO — In a scenic stop along Oregon's beloved. Columbia River Gorge, Interior Secretary Gale
Norton has taken a decisive new stand in the national debate over off - reservation Indian casinos.
The federal agency will no longer consider gambling agreements for sites that are not Indian lands held in
trust for a tribe by the federal government, the department declared.
The policy was delivered May 20 in a letter rejecting a compact for a massive casino resort at an off -
reservation site in the gorge, a breathtaking river cut that winds 85 miles through the Cascade Mountain
Range.
The decision, an about -face for the Interior Department, stunned many Oregonians, including Gov. Ted
Kulongoski and members of the Confederated Tribes of the Warm Springs Reservation, who negotiated the
gambling compact.
"The perception was that this was an unstoppable freight train," said U.S. Rep. David Wu, an Oregon
Democrat whose Portland -to- Astoria district includes the site. "The governor was behind it. The biggest
newspaper was behind it. Huge monied interests were behind it."
Wu appealed to Norton anyway, sending an impassioned letter urging her to reject the compact.
The national implications of the decision are still being assessed, but some close to the situation are
convinced that Norton concluded it was time to join a growing push in Congress and elsewhere to limit off -
reservation casinos.
"What Interior's done should put a brake on reservation shopping," said Tom Gede, an Indian - gambling
specialist and executive director of the Conference of Western Attorneys General. "It means the Bureau of
Indian Affairs will engage in a more thorough environmental review of the land acquisition before they ever
get to the gambling question."
Deron Marquez, chairman of the San Manuel band of San Bernardino County and a critic of the off -
reservation land rush, said Norton has been under mounting congressional pressure to join the fight.
He said the Warm Springs letter reflects "what a lot of people have been saying for a long time: How can you
provide a compact to a tribe that doesn't have land to conduct that gaming ?"
At least two of California's 55 Indian casinos — United Auburn's wildly successful Thunder Valley in
suburban Sacramento and Paskenta's smaller operation farther north — were approved before the tribes had
the land in trust.
As many as 40 other tribes — including two in San Diego County — are pursuing off - reservation gambling
proposals, said Cheryl Schmit of Stand Up for California, a grass -roots organization critical of the rapid
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SignOnSanDiego.com > News > State — Ott- reservation gambling limited by interior pot... Page 2 of 3
expansion of gambling.
Gov. Arnold Schwarzenegger recently declared that he also would not negotiate compacts for tribes without
land in trust. But his edict appeared to leave the door ajar for tribes with which he already may have
negotiated, but not yet announced, new compacts.
At least two big off - reservation casino projects have been pushing ahead although the desired land is not yet
in trust. The North Fork Rancheria wants to build a casino in Madera, adjacent to busy Highway 99, and the
Graton Rancheria has identified a 36o -acre site near Rohnert Park in Sonoma County.
Schwarzenegger has said his administration is wrapping up negotiations on another batch of compacts.
Those deals still have not been released, although they are believed to be imminent.
The Interior Department's carefully written letter in the Warm Springs case suggests Norton will reject
compacts for any off - reservation casinos where the land is not in trust, even if Schwarzenegger signs them.
James Cason, an associate deputy interior secretary, explained in the letter that the agency has reassessed its
discretion under the operative federal law, the 1988 Indian Gaming Regulatory Act.
Cason concluded that the law "does not authorize the secretary to approve a compact for the conduct of Class
III gaming activities (slot machines and other Nevada -style games) on lands that are not now, and may never
be, Indian lands."
That statement appears to encompass all three avenues outlined in federal law for taking new lands into
trust for gaming, said Howard Dickstein, a leading tribal attorney.
"That covers everything," Dickstein said.
The Interior Department referred questions about the letter to the Bureau of Indian Affairs, where a
spokeswoman could not say whether the language applies to all off - reservation options.
By forcing off - reservation proposals to secure land in trust before a compact can be considered, the
department is requiring that an extensive, time- consuming environmental review also be done upfront. That
analysis must take into consideration impacts and opposition from surrounding communities and tribes.
Applications to take land into trust for gaming - related purposes have taken an average of three to four years
to process, said Gary Garrison of the Bureau of Indian Affairs.
In addition to the delay, the new policy will require financial backers to buy casino sites outright, rather than
acquiring much less expensive options on property, Dickstein said.
"From an investor's point of view, this makes it riskier because you don't have the endgame tied up before
you spend a great deal of money on a gaming project," he said.
A spokesman for Schwarzenegger said the new federal policy will not affect any compacts the administration
may be working on. But deputy press secretary Vince Sollitto left no doubt that the administration believes
that it also does not preclude negotiations on off - reservation proposals such as Graton and North Fork.
"The way the administration reads this letter is simply that compacts should not be submitted for approval
by Interior until land has been taken into trust," Sollitto said.
The Interior Department has 45 days to make a decision on compacts submitted for approval. If it takes no
action, the agreement is deemed approved.
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Sollitto said a compact negotiated without trust land could assist the Bureau of Indian Affairs in its review of
the land application "by showing intent for use of the land, explaining impacts and mitigation and
demonstrating the benefit and /or lack of harm to the surrounding area."
"One might envision attaching such a compact as an exhibit on a trust application," he said.
Two San Diego County tribes are trying to build off - reservation casinos in Barstow and Calexico. The Los
Coyotes band near Warner Springs has been negotiating with Barstow officials since 2003 to build a hotel -
casino in that desert city. East County's Manzanita band wants to build a hotel - casino in Calexico across the
border from Mexicali. Both proposals enjoy strong local support.
Back in Oregon, the Interior Department urged the Confederated Tribes of Warm Springs to resubmit their
compact after they have the Cascade Locks property in trust.
But Wu believes the proposal for a 500,000- square -foot casino may never be able to pass a rigorous
environmental review.
"The proponents say, 'Oh, that is just industrial land,' " he said. "It is zoned industrial. But that piece of land,
if you go and walk it, it would be like building a casino on the floor of Yosemite Valley."
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Tribal casino schemes hit by double whammy
Page 1 of 2
For those concerned about the unchecked growth of casino gambling, there has been good news on two
fronts. In both instances, the news may thwart schemes aimed at promoting the spread of Indian casino
gambling in California and elsewhere.
First, Gov. Schwarzenegger issued a proclamation last month announcing he will decline to "engage in
negotiation for tribal -state gaming compacts where the Indian tribe does not have Indian lands eligible
for class III (Nevada style) gaming."
Second, two days after Schwarzenegger's announcement, U.S. Interior Secretary Gale Norton stunned
the gambling world when she refused to approve a gaming compact that had been negotiated between
an Oregon Indian tribe and Oregon Gov. Ted Kulongoski. In its letter to Gov. Kulongoski, the Interior
Department explained that it had rejected the compact because the proposed gambling enterprise was
set to take place on "lands that are not now, and may never be, Indian lands."
Both actions are aimed at a practice known among gambling regulators as "reservation shopping."
These deals invariably involve a deep - pockets developer who hooks up with an impoverished Indian
tribe that might or might not have a reservation. Attempts are made to acquire land where a casino
operation would be economically viable, usually near large urban centers. When the potential site has
been identified, the developer, with his tribal partners in tow, then makes a pitch to local government
officials to persuade them to support taking the land into trust for the tribe in exchange for a portion of
casino profits.
While these two actions might not end reservation shopping, they will make such schemes far more
risky.
In her letter to Oregon's governor, Norton has said the Interior Department will no longer approve
gaming compacts where there is no Indian land already held in trust and therefore qualified for
gambling. Schwarzenegger's proclamation makes it clear he won't negotiate compacts under such
circumstances, either.
That means before they can begin even to negotiate a gambling compact, speculators will first have to
acquire the land and have it placed into federal trust for their tribal partners. That's an expensive
gamble.
Only after the purchase is made can the rigorous environmental reviews and consultations with local
and state governments directly affected take place. There would be no guarantee — or even a high
probability — that a gambling compact would result at the end of it.
The actions by Schwarzenegger and Norton mean communities up and down California from West
Sacramento to Oakland, Bakersfield to Santa Rosa, have new hope that Indian gambling operations
won't be imposed on them without their active participation and support.
That's good news.
http://www.modbee.com/opinion/v-print/story/106'3 1294p-I 1417661 c.html 6/14/2005