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2003/08/27 City Council MinutesCITY OF ROHNERT PARK MEETING MINUTES for ROHNERT PARK CITY COUNCIL SPECIAL MEETING August 27, 2003 Wednesday The City Council of the City of Rohnert Park met this date for a Special Meeting to commence at 6:00 p.m. in the Council Chambers, 6750 Commerce Boulevard, Rohnert Park, with Mayor Flores presiding. CALL TO ORDER /PLEDGE OF ALLEGIANCE: Mayor Flores CALLED the Regular Session to order at 6:00 p.m. ROLL CALL: Present: (5) Councilmembers Mackenzie, Spradlin, and Vidak- Martinez; Vice Mayor Nordin; and Mayor Flores Absent: (0) None Staff present for all or part of the Work Session: City Manager Leivo, City Attorney Strauss, and Director Public Safety Bullard. OVERVIEW: Mayor Flores gave a brief overview of the purpose of this evening's Special Meeting. At this time, Councilmembers Mackenzie and Vidak- Martinez expressed concerns about citizens' civil rights and safety as the Council chambers, City Hall facility, and the general City building area began to fill with members of the public interested in hearing and /or participating in this evening's meeting. City Manager Leivo and Mayor Flores indicated that they had chosen the Council chambers so that the meeting could be televised. Mayor Flores DIRECTED STAFF to see if the meeting could be moved to Spreckels Performing Arts Center and recommence at 7:30 p.m. *City Council City of Rohnert Park *SPECIAL MEETING MINUTES August 27, 2003 Page(2 ) RECESS: Mayor Flores declared a recess at 6:10 p.m. RECONVENE: Mayor Flores reconvened the full Council. at 6:20 p.m. ANNOUNCEMENT: Mayor Flores announced that to accommodate the large audience, the Special Meeting would be moved to the Spreckels Performing Arts Center to recommence at 7:30 p.m. RECONVENE AT SPRECKELS PERFORMING ARTS CENTER: The Special Meeting reconvened at Spreckels Performing Arts Center at 7:28 p.m. with all Councilmembers present. Mayor Flores briefly repeated his overview of the purpose of the Special meeting, and he discussed appropriate behavior for this evening's proceedings. FEDERATED INDIANS OF THE GRATON RANCHERIA - CITY COUNCIL CONSIDERATION OF REQUEST FOR MUNICIPAL SERVICES FROM FEDERATED INDIANS OF THE GRATON RANCHERIA: 1. Presentation by Federated Indians of the Graton Rancheria: Tribal Chairman Greg Sarris introduced the members of the Tribal Council. Mr. Sarris gave an overview of the history of the Graton Rancheria and their restoration of federal Tribal status in 2000. He outlined the Tribe's efforts to acquire land and their intentions to develop a gaming resort on a portion of said land. He also discussed the Tribe's collaboration with operator /investor Station Casinos, and he reiterated the Tribe's desire to listen to and work with the local community to mitigate potential off - reservation impacts of the project and to share revenues. Scott Neilson of Station Casinos spoke about the company's background, and he gave a slide show presentation of the design features for the hotel, casino, ballroom, spa, wine cellar, and restaurants. He also touched on environmental mitigation, jobs, and economic benefits. 2. Council Discussion /Questions: Councilmembers shared various questions /comments with Mr. Sarris, Mr. Neilson, and Staff Attorney for California Indian Legal Services John A. Maier. Highlights included the following: *City Council City of Rohnert Park *SPECIAL MEETING MINUTES August 27, 2003 Page(3 ) Councilmember Vidak- Martinez: *Concerned about crime and how security will be handled on the site *Interested in the anticipated market demographics for the casino Councilmember Mackenzie: *Interested in Station Casinos relationship to C.E.Q.A. (California Environmental Quality Act) *Discussed implications of the casino and the 101 widening projects *Interested.in the Tribe's commitment to holding to any agreements it enters with the City *Interested in what recourse is available if a sovereign nation breaches a contract Councilmember Spradlin: *Concerned about what will be done with alcohol -, gambling- or drug addicts *Concerned about the casino's impact on local small businesses Vice Mayor Nordin: *Concerned about water and sewer capacity *Very concerned about traffic issues and mitigation Mayor Flores: *Interested in the average yearly salary for a casino worker 3. Public Comments: Mayor Flores stated that in compliance with State law, The Brown Act, members of the public wishing to make a comment may do so at this time, limited to 3 minutes per appearance, with a 30- minute limit. The following members of the public submitted speaker cards and /or came forward to express their views about the proposed hotel /casino /resort: SUPPORT 1. Linda Beltz, 6182 San Bruno Court OPPOSE 2. Rosemary Mojica, 6950 Commerce Boulevard SUPPORT 3. Tooch Colombo, 55 Estrella Drive OPPOSE 4. Lynne Conde, 5732 Dexter OPPOSE 5. Mark Orloff, 4945 Fern Place SUPPORT 6. Yana Ross, 198 Downey Street, San Francisco OPPOSE 7. A.J. Erichetti, 4000 Arlington Avenue: (Not present to speak, but Press Democrat article DISTRIBUTED to Council.) OPPOSE 8. George Driskill, 1020 Camino Coronado: SUBMITTED magazine article to Mayor Flores *City Council City of Rohnert Park *SPECIAL MEETING MINUTES August 27, 2003 Page(4 ) SUPPORT 9. Tom Thunderhorse, 7535 Bobbie Way SUPPORT 10. Seamus Seanachaoi, 207 Southwest Boulevard: (Not present to speak.) SUPPORT 11. John Walsh, 1706 Corby Avenue, Santa Rosa SUPPORT 12. John Hadzess, 11732 McPeak Road SUPPORT 13. Conrad Silva, 435 Umland Drive, Santa Rosa SUPPORT 14. Shirley Turner, 525 Laguna Drive OPPOSE 15. H.R. Downs, P.O. Box 127, Penngrove: SUBMISSION AND DISTRIBUTION of two letters re water- related issues in Sonoma County, ATTACHED TO THE ORIGINAL SET OF MINUTES OPPOSE 16. Wilma Hensley, 52 Circule Puerto 17. Joaquin Vasquez, 1381 Windsor River Road: Submitted card only. SUPPORT 18. Gabriel Gabaldon, 3147 Southwest Boulevard 19. Tom Wolford, 7224 Roxanne: Submitted card only. OPPOSE 20. Debbie Clarkson, 510 Corte Naranja SUPPORT 21. William Goode, 655 Park Court SUPPORT 22. Danny Vasquez, 1381 Windsor River Road OPPOSE 23. Alan Colton, 1023 Santa Cruz Way OPPOSE 24. Melanie White -Lam, 7705 Melody Drive OPPOSE 25. Maurice Fredericks, 242 Alden Avenue OPPOSE 26. Kyle Silva, 785 Scenic Avenue SUPPORT 27. William Adams, 716 Brett Avenue SUPPORT 28. Patricia Jones- Voulgaris OPPOSE 29. Al Kottman, 7343 Bastille Court: Not present to speak. OPPOSE 30. Katie Crump, 6841 Avenida Cala SUPPORT 31. Jamie Thompson, 4231 Montgomery Street, No. 108 SUPPORT 32. Larrick McDowell, 1575 Pleasant Hill Road OPPOSE 33. Carrie Crandall, 4301 Primrose Avenue: Not present to speak. OPPOSE 34. Lloyd Iversen, 681 Wilfred Avenue OPPOSE 35. Dennis G. McCormack, 1431 Jasmine Circle SUPPORT 36. Loy C. Rayos, 4759 Fairway Drive OPPOSE 37. Mark McCoy OPPOSE 38. Lynn Russell, 8673 Lords Manor Way 39. Mrs. Irwin: Submitted card, not present to speak. OPPOSE 40. Manfred Meister, 4391 Hessel Road, Sebastopol: SUBMITTED photo to Mr. Sarris. OPPOSE 41. John Metras, 7659 Isabel Drive, Cotati OPPOSE 42. Bill McPherson, 6063 Elsa SUPPORT 43. Kate Hart, 24759 Highway 1, Tomales OPPOSE 44. Michael DuPar, 6644 Petaluma Hill Road: Card submitted; comments made by another citizen. OPPOSE 45. Alexander Hernandez, 8670 Camino Colegio, No. 168 OPPOSE 46. Shawn Kilat, 1374 Rebecca Way *City Council City of Rohnert Park *SPECIAL MEETING MINUTES August 27, 2003 Page(5 ) OPPOSE 47. Mark A. Lepley, 8600 Lancaster Drive OPPOSE 48. Craig Smithson, 4949 Snyder Lane, No. 302: Not present to speak. SUPPORT 49. Steve Benjamin, 2525 Cleveland Avenue, Suite B RECESS: Mayor Flores declared a recess at 10:25 p.m. RECONVENE: Mayor Flores reconvened the full Council at 10:30 p.m. OPPOSE 50. Jonathan Krive, 482 Liberty Road, Petaluma OPPOSE 51. Dean Bogert, 3052 Mule Deer Lane, Santa Rosa OPPOSE 52. Larry Esparza, 44 Verde Circle OPPOSE 53. Nancy Andrews, 7249 Roxanne Lane OPPOSE 54. Orlean Kochle, Santa Rosa SUPPORT 55. Greg Gunheim, 6225 State Farm Drive: Not present to speak; Comments made by Bill Scott OPPOSE 56. Curt Askim, 3432 Cypress Way, Santa Rosa: Not present to speak. OPPOSE 57. Tony Burns, Gary Court 58. Renee Hillrigel, 147 Francis: Not present to speak. OPPOSE 59. Chip Worthington, 4695 Snyder OPPOSE 60. David Keller, Petaluma OPPOSE 61. Chris Worthington, 7404 Mitchell Drive 62. Tom Randolph, 1364 Middlebrook: Not present to speak. OPPOSE 63. Larry Resnick, 7956 Becky Court OPPOSE 64. Charles Gu, 1270 Maiden Way 65. Joe Perry, 1122 Civic Center: Not present to speak. 66. Ahferom Legesse, 2360 -A Meadow Way: Not present to speak. 67. Joe McMackin, 7847 Bernice Court: Not present to speak. 68. Wally Drotts, 4515 Forest Court: Not present to speak OPPOSE 69. Wendy Albrecht OPPOSE 70. Karen Johnston, 1458 Parkway Drive SUPPORT 71. Eleanor Dominguez, 429 West 8th Street, Santa Rosa OPPOSE 72. Jeff Steinbach, 9511 Lazy Creek Drive OPPOSE 73. Daniel Gunyan, 4569 Hillview Court OPPOSE 74. Dave Williamson, 1444 Grey Hawk Way, Santa Rosa SUPPORT 75. Vern Smith, 4346 Heritage Lane OPPOSE 76. Correy Alcantra SUPPORT 77. Tony Piazza OPPOSE 78. Karen Hudson, 7816 Medallion Way *City Council City of Rohnert Park *SPECIAL MEETING MINUTES August 27, 2003 . Page(6 ) OPPOSE 79. Elizabeth Perry, 4517 Langner Avenue, Santa Rosa OPPOSE 80. Linda Kelley, 453 Eleanor Avenue Highlights of the public speakers' comments and questions in support /opposition included the following: *Concerns about traffic mitigation in and around the project *Interest in what steps will be taken regarding water and sewer *Numerous environmental concerns which take years to study *Increased crime could come to Rohnert Park *Casino does not fit in a family town *Support for union jobs, wages and benefits *Interest in a smoke -free casino *Casino should be put to a vote of the people *Sonoma County voters voted in support of Indian gaming *Tribe originally said it would not go into gaming *Support for Tribe's agreement to share revenues *Union jobs will attract more apprentices to the trades *City must comply with existing water agreements *Station Casino has had legal issues *Suggestion to include more Indian artifacts and displays in the project *Tribe applauded for having a dialogue with the City when it does not have to do so *Property values will increase *Request for more public hearings *Support for the hotel and spa but not for the casino *Responsible gambling is part of several cultures *Concern about the moral issues of gambling *Wetlands area should remain open space *Acknowledgement of the mistreatment of Indian people throughout American and California history *Many cities with revenue - sharing agreements prosper, are pleased with the Tribe /City government relationship *Concern the investors will profit, not the Tribe *At what cost will Rohnert Park fix its budget? *Difficult for parents to explain gambling /casinos to children *Does Tribe and /or will Tribe live in the area after casino is built? *Concern that organized criminals will exploit the Tribe *Casino not appropriate in a college town *Concern about the influence of corporations on Tribe *Currently there are oversight problems with other California tribes which have casinos *Project needs thorough review to be appropriately mitigated *Concern about the impact on local businesses *City Council City of Rohnert Park *SPECIAL MEETING MINUTES August 27, 2003 Page(7 ) *Concern about gambling addiction and whether treatment will be offered *Acknowledgement that many who do not gamble can still go and enjoy the casino /hotel /restaurants /spa 4. Council authorization to establish an Ad Hoc Committee to review Federated Indians of the Graton Rancheria request for Municipal Services: Council Discussion /Action: Councilmembers thanked members of the audience for the comments. Additionally, Councilmember Vidak- Martinez commented on the leadership of the City Council, and Mayor Flores discussed the City's General Plan. Vice Mayor Nordin asked Councilmembers to consider putting the matter to ,a vote. Councilmember Mackenzie READ INTO THE RECORD a prepared statement, ATTACHED TO THE ORIGINAL SET OF MINUTES, and, upon MOTION by Councilmember Mackenzie, seconded by Councilmember Vidak- Martinez, a motion (1) to authorize establishment of an Ad Hoc Committee to review the Federated Indians of the Graton Rancheria's request for Municipal Services, and (2) to encourage Mayor Flores to appoint Councilmembers Mackenzie and Vidak- Martinez to said Ad Hoc Committee, was UNANIMOUSLY APPROVED. 5. Mayor's appointments to Ad Hoc Committee and Direction: Mayor Flores shared brief comments and APPOINTED himself and Councilmember Vidak- Martinez to the Ad Hoc Committee as noted above. ADDITIONAL PUBLIC COMMENTS: At this time, Mayor Flores asked if members of the public had additional comments. Members of the public stood up or came forward and expressed the following comments/ concerns /questions: *Will the Ad Hoc Committee the Tribe's proposal? *Would tribe be willing to proposal? *Expression of confidence the decisions in the best *Concern about flooding on *Tribe should be respected the City be negotiating or reviewing let the public vote on the in the City Council to make interest of the City the west side of Rohnert Park for having a dialogue with *Concern that the City Council did not fully inform the public of its meetings with the Tribal representatives *City Council City of Rohnert Park *SPECIAL MEETING MINUTES August 27, 2003 Page(8 ) Mayor Flores shared brief comments regarding an exploratory meeting with Tribal representatives back in June, 2003. There being no further business, Mayor Flores ADJOURNED the Special Meeting at approximately 12:20 a.m. IEP� Katy Leonard Certified Shorthand Reporter CSR No. 11599 Armando Flores Mayor City of Rohnert Park *City Council /'Jj 4 � 8/26/2003 Rohnert Park City Council 6750 Commerce Boulevard. Rohnert Park, California 94928 Dear City Council Members; P, O.W.L. Foundation President, H.R. Downs Secretary, Deborah Hunt reasurer, Heidi Dieffenbach -Carle www.Penngrove.Info Regarding future proposed development schemes that have appeared in the press, one that includes houses and another concerning a hotel /casino complex, I would like to remind the City Council of Rohnert Park of the court order that resulted from a settlement with the citizens of Penngrove in litigation about the Rohnert Park General Plan EIR. Particularly this section: G. The EIR anticipates that maximum pumping from the City's municipal wells will not exceed 2.3 mgd to accommodate City water needs pending the anticipated receipt of 15 mgd from the SCWA. (EIR at p.4 -142 , AR17:7291.) Consistent with the EIR, and based on substantial evidence, the City shall not approve any discretionary project outside of the 1999 City boundaries whose net consumptive water use impact on City's water supply will contribute to the City exceeding an average annual groundwater pumping rate of 2.3 mgd from municipal wells and any private wells permitted by the City subsequent to the entry of Judgment. This provision shall not be interpreted as a determination or an agreement that pumping at 2.3 mgd at any point in time is, or is not, safe yield. One newspaper report claimed that the hotel /casino complex, for example, would sink multiple thousand -foot wells. If this were to actually transpire, the City of Rohnert Park would be required to make substantial cutbacks to comply with the 2.3 mgd limit. Thank you for your attention to this matter. Regards, H.R. Downs President O.W.L. Foundation WESTON BENSHOOF g- I , 1cilu ROCHEFORT RUBALCAVA MACCUISH LLp ATTORNEYS AT LAW (213)576.1005 ecasey@wbcounsel.com August 27, 2003 1 Rohnert Park City Council 6750 Commerce Boulevard Rohnert Park, CA 94928 Re: Proposed Hotel and Casino Project Dear City Councilmembers: This law firm represents the O.W.L. Foundation in connection with various water - related issues in Sonoma County. We understand that a presentation will be made at your Council hearing tonight concerning a proposal by an Indian tribe to site a hotel /casino complex. Since that project raises significant water supply concerns, we are submitting this letter to address those concerns. First, the City's consideration of the hotel /casino project may trigger the provisions of the Stipulated Judgment entered in the lawsuit previously brought by the South County Resource Preservation Committee and John King against the City of Rohnert Park. Relevant to the casino project, the Stipulated Judgment provides that if the City is preparing a CEQA document for a project located outside its boundaries, then the CEQA document shall fully analyze the water demand associated with the proposed project and determine whether the total water supplies during normal, dry and multi -dry years during a 20 -year projection will meet the projected water demands associated with the proposed project. Further, the Stipulated Judgment provides that the City shall not approve any discretionary project outside its boundaries whose net consumptive water use impact on the City's water supply will contribute to the City exceeding an average annual groundwater pumping rate of 2.3 mgd from municipal wells and any private wells permitted by the City subsequent to the entry of the Stipulated Judgment. While it is unclear to us whether the City will be exercising any permitting authority over the hotel /casino project, we demand that these. provisions of the Stipulated Judgment be strictly followed if the City does, in fact, plan to exercise any land use approval or other regulatory permitting authority over the project. 333 SOUTH Hoi,E STREET ® SIXTEENTH FLOOR ® LOS ANGELES, CA 90071 ® TEL 213 576 1000 ® FAX 213 576 1100 28 &t2tbWNSGATE ROAD, SUITE 215 • WESTLAKE VILLAGE, CA 91361 • TEL 805 497 9474 • FAX 805 497 8804 www.wbcounsel.com Rohnert Park City Council August 27, 2003 Page 2 Similarly, if the City is going to exercise such permitting authority, then it must also comply with the requirements of the new state statute commonly referred to as SB 610. (Refer to Cal. Water Code Section 10910 et se .) That statute requires that for projects of the size of the proposed hotel /casino that a detailed water supply analysis be prepared to ensure that there are adequate water supplies both for the proposed project as well as existing and other future projects. Again, if the City is going to exercise any permitting authority over the proposed project, then we demand that the City strictly comply with the provisions of SB 610. Please note two issues concerning the Stipulated Judgment and SB 610. First, since the provisions of both the Stipulated Judgment and SB 610 are triggered by the need to prepare a CEQA document, then any decision by the City to enter into an agreement, whether verbal or written, with the applicant for the hotel /casino project would trigger the requirements of CEQA. CEQA Section 21080 unequivocally provides that a CEQA document (such as an EIR) be prepared for any "discretionary" action or approval by a public agency. Clearly, approval of an agreement by the City with any developer constitutes a discretionary action within the meaning of CEQA. Second, the requirements of SB 610 must be complied with regardless of whether the City or the County acts as the land use permitting agency. Either way, some agency must follow SB 610. Finally, we want to bring to your attention again to the serious nature of the overdraft problem that exists in the Santa Rosa groundwater basin. That problem is not limited to the east side of Rohnert Park. Instead, the City's own environmental consultant clearly stated in a 2000 EIR that groundwater has been and continues to be extracted at a far greater rate than the basin is being replenished.' That study concluded that the groundwater in that regional basin is being extracted at a rate of at least over 2.5 times more than is being recharged into that basin. Therefore, if the hotel /casino project requires new production .wells in that groundwater basin, there can be no assurance that there will be adequate water to serve the casino project. From a technical perspective, there may simply not be enough groundwater from this overdrafted basin to serve the project. From a legal perspective, such a serious overdraft condition may trigger, in the future, a court action to determine all water rights in the basin, and those entities that are the last to sink wells and begin extraction may lose any right to extract water from the groundwater basin. 9 WESTON BENSHOOF 1RUl.r1trUK1 NUVALA.AVA 1VLAl..I,.LA Jr7 LLP ATTORNEYS AT LAW 436269.1 Rohnert Park City Council August 27, 2003 Page 3 We ask that you take all of these important water supply issues into consideration when you hear about the proposal for the hotel /casino complex. Very truly yours, Edward J. Casey WESTON BENSHOOF ROCHEFORT RUUBALCAVA a& MacCUISH LLP EJC /gh WMIT. WESTON SENSHOOF ROCHEFORT Ru6ALCAVA MACC iSH «r ATTORNEYS AT LAW 4362691 o t Statement of Jake Mackenzie, Council member, City of Rohnert Park. August 27,2 3 "Where am I going and what am I doing in this hand basket" �l'2 iL The last 9 months have been a roller coaster ride for this council member. I alone have unsuccessfully challenged the gutting of the senior management team of this city. Over the past 2 years I alone have unsuccessfully argued for a cessation in salary increases for all city staff while the city was and is still enmeshed in a fiscal crisis.. It was in the context of this on -going and unresolved fiscal crisis that I suggested , not facetiously but certainly with some trepidation, in a Budget Workshop meeting on June I Oth,that the Federated Indians of Graton Rancheria consider Rohnert Park as a possible, alternative casino site. The other reason for my suggestion is that the the site proposed at 37 and Lakeville is unacceptable.. I have consistently stated that an alternative site be located in the 101 corridor. .I have been cross - examined at length by reporters about the site I suggested. My answer was and I quote, "NW Rohnert Park, near the Walmart and Home Depot stores might be a good location ". I was contacted by Tribal representatives and asked what land I had in mind. I met with Jay Wallace of Kenwood Investments on June 20th at the Doubletree Hotel. I invited Mayor Flores and City Manager Leivo to join me. Mr. Wallace had already been contacted by Jimmie Rogers to talk about land parcels. I asked Manager Leivo to show Mr. Wallace the area of Rohnert Park I envisioned as a possible casino site. I mentioned the NW Specific Plan area and its environs. As far as I know they toured that area as part of the Tribe's efforts to explore alternative sites .Since that day, June 201h ,I have not talked to ,nor met with representatives of the Tribe nor with land brokers nor with land ownersto discuss land options,-nor have I been party to any negotiations behind closed doors with other elected officials either from this city or the county. Two months have passed and a fully formed proposal has now been revealed much to the dismay of many of you here tonight. That being said, I also realize that, after attending yesterdays meeting of the BOS, a change has occurred . The county now stands ready, albeit unwillingly, to negotiate with the Tribe,I fully realize the passions unleashed on both sides of this issue. But if this project comes to pass , we must be in a position to insist and insure that it have the best .��-possible outcome for this ,our community l �(�, I am willing to be a negotiator on behalf of the City of Rohnert Park in this matter , vi`��ic. — v' QAf'�? ®'AThe following concerns need to be addressed in any agreement signed by this city: -The need fora legally binding agreement between governments. -The need for a process to involve the community , both Rohnert Park and Sonom County citizens. It must be transparent -in plain words — an open process. -The need for an environmental review process based on Tribal ordinances which require consideration of both alternatives and mitigation measures equal to those required by both NEPA and CEQA.. -the need for funding to be in place to achieve the mitigation measures and to operate them in the long term. -The need to fully involve our State and Federal elected representatives as part of our negotiations.