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2003/09/10 City Council MinutesCITY OF ROHNERT PARK CONCURRENT MEETINGS MINUTES for: CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION September 10, 2003 Wednesday The Concurrent Meetings of the City of Rohnert Park for the City Council and the Community Development Commission met this date in Regular Session for a regular meeting to commence at 6:00 p.m. at the Spreckels Performing Arts Center, 5409 Snyder Lane, Rohnert Park, with Mayor Flores presiding. CALL TO ORDER /PLEDGE OF ALLEGIANCE: Mayor Flores CALLED the Regular Session to order at 6:08 p.m. and DEFERRED the pledge of allegiance. ANNOUNCEMENT: Mayor Flores announced that the Regular Session of the City Council had been moved from the Council chambers at City Hall to the Spreckels Performing Arts Center due to anticipation of a large audience. 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 Regular Session: City Manager Leivo, City Attorney Strauss, Finance Director Lipitz, Deputy City Clerk Hauff, and Managing Director Performing Arts Center McDougall. 1. SCHEDULED APPEARANCES /PRESENTATIONS: 1. Anita Felton re Citizens Against the Casino: Ms. Felton expressed concerns that a casino would increase crime and negatively impact property values and local businesses. She noted that Station Casinos would reap the benefits of a casino, and she questioned the Tribe's ability to address the several mitigations, how much the Tribe would pay employees, and whether the Tribe would give money to schools. She urged the Council to listen to the community and the Mayor to remove himself from the Ad Hoc Committee. *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES September 10, 2003 Page(2 ) 2. Rosemary Mojica re Citizens Against the Casino: Ms. Mojica indicated that the Council has the responsibility to thoroughly study the impacts of a casino on the City, noting environmental issues and social issues including prostitution. She DISTRIBUTED a handout to Council posing several questions about the current budget, and she noted a distinction that Citizens Against the Casino is not against the Indians. Mayor Flores gave DIRECTIONS as to how members of the public could obtain a copy of the City's 2003 -2004 Budget. 3. Seamus Seanachaoi and Tom Thunderhorse - Presentation of CD Album "Cultural Blendings ": Mr. Seanachaoi and Mr. Thunderhorse expressed support for the City's negotiations with the Tribe regarding the casino. They noted that without equitable agreements, the City will miss out on revenue - sharing opportunities. They urged European- Americans and Native - Americans to come together, and they PRESENTED Council with a bluegrass and sacred drum CD, entitled "Cultural Blendings." 4. H.R. Downs, President, O.W.L. Foundation re water scarcity: Mr. Downs discussed a study warning of a groundwater overdraft in the Santa Rosa sub - basin, and he expressed concern with proposed housing projects, a sports complex, and the casino in terms of groundwater availability. He urged the City to encourage the Tribe to consider alternative locations for the casino, including the Highway 37 site again, since the Rohnert Park site needs more research and a management program for the groundwater. Mayor Flores noted that although Councilmember Mackenzie., a member of the City's Water Committee, was not at a recent water- issues meeting, the City does have the letter shared by Randy Poole, President of SCWA, at said meeting. S. Pedro Garcia, Esq., Attorney with O.W.L_ Foundation re legalities attendant to construction projects and water resources: Mr. Garcia discussed the issue of federal reserve water rights, growth issues, and federally- reserved super - prioritized water rights. He warned the City that since the casino would be on a federal reserve, the City must allow time for the project-to---go--through CEQA and °NEPA processes first or the United States Attorney General could get involved in terms of federally reserved water rights. *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES September 10, 2003 Page(3 ) 6. Gerard Giudice re Opposing the Casino: Mr. Giudice SUBMITTED to City Manager Leivo recall documents for Councilmember Mackenzie, noting that the other four Councilmembers had already received their respective documents. Mr. Giudice discussed the City Council's abuse of power and lack of respect for the citizens of Rohnert Park by having discussions with gambling interests and circumventing the will of the people. He indicated that it is the people's duty to remove the Council for not acting in the interest of the well -being of the community. 2. PUBLIC COMMENT: 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: 1. Jenn Wong, Sonoma State University, was recognized and, as Vice President of Legislative Affairs at SSU, she gave brief updates on the August 27th start of school, the effects of the $5 million budget cut, and the efforts to get students to vote in the upcoming State recall election. 2. Jean and Eric Saya, 6100 Commerce Boulevard, were recognized and, as the new owners of Cal Skate, stated that their efforts to update the facility are being hindered by the City's proposed seismic retrofit requirements. They questioned whether Cal Skate had been targeted in some way, and they requested that the Council review the ordinance and consider increasing the the trigger remodel amount for required retrofitting to $50,000. Mayor Flores noted that the Council reviewed the matter and requested more information at the last Council meeting. The following members of the public submitted speaker cards and came forward to express their views about the proposed hotel /casino /resort: SUPPORT 1. Tom Thunderhorse, 7533 Bobbie Way OPPOSE 2. David Christensen, 2827 Red Tail Street, Santa Rosa OPPOSE 3. Angela Anderson, 308 Corte Rayado OPPOSE 4. Al Kottman, 7343 Castille Court OPPOSE 5. Ruth Alcantra, 2222 Westwood Drive OPPOSE 6. David Krive, 482 Liberty Road, Petaluma OPPOSE 7. Lynne Conde, 5732 Dexter *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES September 10, 2003 Page(4 ) OPPOSE 8. Chip Worthington, 4695 Snyder Lane: SUBMITTED AND READ INTO THE RECORD a fax transmittal sheet and letter, ATTACHED TO THE ORIGINAL SET OF MINUTES, from the Law Offices of James DeAguilera regarding the City's need to comply with the California Environmental Quality Act (CEQA) in terms of any MOU - Municipal Services Agreement the City enters into with the Graton Rancheriaf_or their proposed development. OPPOSE 9. Corey Alcantra SUPPORT 10. Bill Scott, Sunset Parkway, Novato OPPOSE 11. Larry Esparza, 44 Verde Circle OPPOSE 12. Jonathan Krive, 482 Liberty Road, Petaluma SUPPORT 13. Patricia Jones- Voulgaris SUPPORT 14. Loy Rayos, 4759 Fairway Drive SUPPORT 15. Len Carlson, 349 Circulo San Blas OPPOSE 16. Chris Worthington, 7404 Mitchell Drive SUPPORT 17. Jamie Thompson SUPPORT 18. Alicia (Through interpreter Chris Rak) SUPPORT 19. Chris Rak, 2505 Miramar Avenue OPPOSE 20. Amy Ahmotu, 5729 Dexter Circle 21. Maria Perla, 1725 Marion Avenue, Apt E9: Not present to speak. OPPOSE 22. John W. DeLair, 46 Verde Circle Highlights of the public speakers' comments and questions in support /opposition included the following: *Casino not a done deal; Opponents organized and committed in the long haul *Casino will enrich only a few Indians and Station Casino; Lack of accountability issues for Tribe *Tribe needs to be good neighbor and listen to community *Gangs, violence, murder, and even prostitution currently exist in The Friendly City *A casino cannot right the wrongs that were done to the Indians *Serious problems with setting up a sovereign nation in the community; citizens subject to its wishes *Pro- business, pro - gaming, but against the casino here *Casinos meant to be on current reservations; Graton Rancheria setting precedent for several tribes interested getting recognized and acquiring land *Compulsive gamblers drain regional economies *Council advised to meet with Board of Supervisors and find suitable location away from Sonoma County communities *What if newly elected Tribal Council reneges on agreements with the City? *Current project labor agreement with the Tribe calls for union jobs at prevailing rate; Problems can be mitigated *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES September 10, 2003 Page(5 ) *Casino will change spirit of Rohnert Park *Local land use regulations should be considered *What if it were to be determined that there are too many big stores or fast food eateries or people of one ethnicity -- what would be done? *All residents dependent on City amenities; City should continue to focus on negotiating in good faith for the best deal with the Tribe *City should have oversight committee and build up its reserves with shared casino revenues *Opposition to casino does not mean opposition /prejudice against Native Americans *Sonoma County will benefit from more union jobs; lower income families will have health care, can save money *City is implicitly agreeing to casino by negotiating with Tribe *Citizens waiting for numbers quantifying the many impacts of a casino *Society overly encourages gambling through billboards and television commercials Mayor Flores indicated that the City will continue to study the matter of the casino and related issues. Council CONCURRED to address Agenda Item 5, No. 2, Resort - Casino Ad Hoc Committee meetings, September 2 and 3, 2003, at this time. COUNCIL COMMITTEE AND /OR OTHER REPORTS: 1. Resort - Casino Ad Hoc Committee meetings, September 2 and 3, 2003: [Out of order] Councilmember Vidak- Martinez noted that staff is not negotiating a casino, but rather quantifying impacts and discussing mitigation efforts and community investment. Mayor Flores stated that the City would not be able to provide water resources or water treatment, and he discussed the general parameters of the Tribe providing police and fire protection, paramedic services, and street improvements. He indicated that the Ad Hoc Committee will present information to the Council before moving forward. City Manager Leivo briefly commented on the research being done by the City. *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES September 10, 2003 Page(6 ) FOR THE RECORD, Councilmember Mackenzie SUBMITTED AND READ INTO THE RECORD a September 10, 2003, letter to his fellow Councilmembers, attached to his September 3, 2003, Statement, released prior to his knowledge of the first negotiating sessions scheduled for that same day between the Ad Hoc Committee, City staff, County representatives, and Graton Rancheria Tribal leaders. Both the letter and the statement are ATTACHED TO THE ORIGINAL SET OF MINUTES. Councilmember Mackenzie's letter (1) reiterated the reasons he proposed on June 10th that the Federated Indians of Graton Rancheria consider a location in Rohnert Park adjacent to Highway 101; (2) outlined his efforts since July to have the casino proposal placed on the agenda for public comment and the subsequent denials of his request by City Manager Leivo and Mayor Flores; and (3) restated the five conditions he wants in a draft intergovernmental agreement, including an open process for the City and County citizens, a legally binding intergovernmental agreement to protect open space in perpetuity, strong environmental review process and mitigation measures, funding in place to achieve /operate mitigation measures over the long term, and a truly equitable revenue - sharing arrangement. RECESS: Mayor Flores declared a recess at 8:38 p.m. RECONVENE: Mayor Flores reconvened the full Council at 8:45 p.m. 3. UNIFORM BUILDING CODES - CONSIDERATION OF AMENDING ROHNERT PARK MUNICIPAL CODE TITLE 15 BUILDING AND CONSTRUCTION, ADDING CHAPTER 15.42 SEISMIC RETROFIT REQUIREMENTS: 1. Staff Report: City Manager Leivo shared the contents of the Staff Report and RECOMMENDED that Council DEFER this matter back to staff to make adjustments to the proposed ordinance and bring it back for Council consideration. 2. PUBLIC HEARING: (Deferred from August 26, 2003, City Council meeting) Mayor Flores opened the Public Hearing at 8:47 p.m. and asked that the Public Hearing include the comments of the earlier speakers, Jean and Eric Saya, as noted in the minutes. There being no members of the public interested in commenting on this matter, Mayor Flores closed the Public Hearing at 8:47 p.m. *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES September 10, 2003 Page(7 ) 3. Council Discussion /Action: Ordinance for Introduction: No. 704 AMENDING ROHNERT PARK MUNICIPAL CODE TITLE 15, BUILDING AND CONSTRUCTION, ADDING CHAPTER 15.42, SEISMIC RETROFIT REQUIREMENTS Upon MOTION by Councilmember Mackenzie, seconded by Vice Mayor Nordin, a motion to follow the recommendation of City Manager Leivo and defer this matter back to staff for adjustments, was UNANIMOUSLY APPROVED. 4. RETIREE BENEFIT PROGRAM - PRESENTATION: Presentation by Marilyn M. Oliver, Principal, Oliver Consulting Actuarial Services, on Post - retirement Benefit Program Actuarial Valuation Report for the City of Rohnert Park as of July 1, 2003: Finance Director Lipitz DISTRIBUTED copies of the Power Point presentation and the actuarial report, and Ms. Oliver shared the presentation and responded to Council questions. City Manager Leivo noted that this matter will be discussed in the six -month budget review. 5. COUNCIL COMMITTEE AND /OR OTHER REPORTS: 1. Open Space District Advisory Committee, September 2, 2003: Councilmember Mackenzie DISTRIBUTED AND READ the September 5 letter to the Sonoma County Agricultural Preservation & Open Space District regarding the Baylands Preservation Opportunity at Highway 37 /Lakeville Highway. 2. Resort - Casino Ad Hoc Committee meetings, September 2 and 3, 2003: [Out of order.] As noted in the minutes. 3. League of California Cities Annual Conference Report, September 7 -10, 2003: Mayor Flores DISTRIBUTED AND REVIEWED the League's "Wrap -Up" publication and the League Report specifically for the workshop regarding the City of Temecula and the Pechanga Band of Luiseno Indians' Resort and Casino. Councilmember Mackenzie referred Council to information he made available at the Council meeting, specifically an article about the revenue - sharing agreements between the United Auburn Indian Community and Placer County. Mayor Flores also DISTRIBUTED AND REVIEWED his League of California Cities Conference Report. *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES September 10, 2003 Page(8 ) City Manager Leivo commented briefly on the League's proposed ballot measure and the efforts to achieve the constitutional changes needed to protect local democracy. He also indicated that he entered Rohnert Park in a new subgroup of the League of California Cities for jurisdictions with a college or university. 4. Water Advisory Committee Contractors' meeting, September 8, 2003: Councilmember Mackenzie noted that he was out of State at the time of this meeting. 5. Sonoma County Transportation Authority (SCTA), September 8, 2003, meeting: Councilmember Mackenzie noted that he was not able to attend the meeting, but he reported that meetings for the Countywide Transportation Plan continue as does interest in passenger rail service, and he gave an update on the Rohnert Park Expressway Park - and -Ride lot. 6. Other, if any: None. 6. COMMUNICATIONS: Communications per the attached outline were brought to the attention of the Councilmembers. No communications were discussed. 7. MATTERS FROM /FOR COUNCIL: 1. Neighborhood Enforcement Team addition to Public Safety Department: Councilmember Vidak- Martinez DISTRIBUTED AND REVIEWED a letter and crime statistics for Rohnert Park. She discussed the fifth homicide in Rohnert Park since December, and, at her suggestion, Council CONCURRED TO AGENDIZED consideration of a Neighborhood Enforcement Team, consisting of one sergeant, three PSO's, cars, equipment, and training, for the next agenda. 2. Other informational items, if any: a. Chili Cook -off: Councilmember Spradlin indicated that it had been suggested to her that the Council have a booth at the Spice Up The Night Chili Cook -off and /or a friendly competition with Cotati's City Council. Mayor Flores said Council would consider it. *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES September 10, 2003 Page(9 ) ***************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 8. CONSENT CALENDAR: Mayor Flores asked if there were any questions about the matters on the Consent Calendar, which were explained in the City Manager's Council Meeting Memo. City Manager Leivo signified removal of three items: Resolution Nos. 2003 -213, 2003 -215, and 2003 -216. A. APPROVAL OF CONCURRENT MEETING MINUTES FOR: REGULAR CONCURRENT CITY MEETINGS - AUGUST 26, 2003 SPECIAL MEETING - AUGUST 27, 2003 B. APPROVAL OF BILLS /DEMANDS FOR PAYMENT CONCURRENTLY FOR: CITY OF ROHNERT PARK /CITY COUNCIL IN THE AMOUNT OF $1,177,646.28 COMMUNITY DEVELOPMENT COMMISSION IN THE AMOUNT OF: $31,755.51 C. RESOLUTIONS FOR ADOPTION: 2003 -208 APPROVING AN AGREEMENT WITH MBIA MUNICIPAL INVESTOR SERVICE CORPORATION FOR INVESTMENT MANAGEMENT SERVICES 2003 -209 APPROVING AN AGREEMENT WITH UNION BANK OF CALIFORNIA FOR CUSTODIAL AND SAFEKEEPING SERVICES 2003 -210 APPROVAL OF TASK ORDER NO. 2003 -5 FOR THE STORM WATER SYSTEM MODEL STUDY PHASE 2 2003 -211 APPROVAL OF AMENDMENT NO. 1 TO THE AGREEMENT FOR FUNDING OF ROHNERT PARK STORM DRAIN MASTER PLAN WITH THE SONOMA COUNTY WATER AGENCY 2003 -212 APPROVAL OF TASK ORDER NO. 2003 -6 FOR THE PROJECT MANAGEMENT AND IMPLEMENTATION OF FY 2003 -04 STORM WATER MANAGEMENT PROGRAM 2003 -214 CALL FOR SEALED PROPOSALS FOR BURTON AVENUE RECREATION BUILDING IMPROVEMENTS, PROJECT NO. 2002 -02 2003 -217 APPROVING AGREEMENT WITH COUNTY OF SONOMA FOR CONDUCTING MUNICIPAL ELECTIONS *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES September 10, 2003 Page(10) D. ORDINANCE FOR ADOPTION: No. 705 AMENDING CHAPTER 2.04 OF THE ROHNERT PARK MUNICIPAL CODE RELATING TO THE CITY CLERK Upon MOTION by Councilmember Mackenzie, seconded by Councilmember Vice Mayor Nordin, a motion to approve the Consent Calendar, with the exception of Resolution Nos. 2003 -213, 2003 -215, and 2003 -216, was UNANIMOUSLY APPROVED. Resolutions for Consideration: 2003 -213 ACCEPTING THE BIDS AND AWARDING THE CONTRACT FOR THE PRACTICE RANGE RENOVATION, FOXTAIL GOLF COURSE, PROJECT NO. 2003 -16 City Manager Leivo recommended Council reject all bids and readvertise the contract with a short time span. Upon MOTION by Councilmember Vidak- Martinez, seconded by Councilmember Mackenzie, and UNANIMOUSLY APPROVED, reading was waived and Resolution 2003 -213 was ADOPTED AS AMENDED per the City Manager's recommendation. 2003 -215 AUTHORIZING RECLASSIFICATION AND SALARY RANGE FOR THE POSITION OF RECREATION SERVICES SUPERVISOR City Manager Leivo discussed one minor modification to the resolution, changing the title to Recreation Services Manager. Upon MOTION by Councilmember Vidak- Martinez, seconded by Vice Mayor Nordin, and UNANIMOUSLY APPROVED, reading was waived and Resolution 2003 -215 was ADOPTED AS MODIFIED per the City Manager's recommendation. 2003 -216 AUTHORIZING AN ADDITIONAL POSITION CLASSIFICATION AND SALARY RANGE FOR THE POSITIONS OF RECREATION SPECIALIST City Manager Leivo WITHDREW this item to give staff additional time to review this proposal. ***************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 9. PUBLIC COMMENT: 1. Dennis G. McCormack, 1431 Jasmine Circle, was recognized and indicated that he was sorry about the recall efforts to remove the Councilmembers. He expressed his opposition to the casino, but noted his support for a hotel, restaurants, and a Native American museum. *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES September 10, 2003 Page(11) 2. Jenn Wong, Sonoma State University, was recognized and expressed the students' interest in being a part of the local community. She noted that SSU had barely been mentioned in the casino discussions, and she discussed her desire to improve relations between the City and SSU, beginning with invitations for the Councilmembers to come speak to students at SSU. Councilmembers discussed the events they attend at the University, and Mayor Flores asked Ms. Wong to keep Council informed of opportunities for Councilmembers to address the students. ADJOURNMENT: There being no further business, Mayor Flores ADJOURNED the meeting at approximately 10:08 p.m. Katy Leonard Certified Shorthand CSR No. 11599 Armando Flores Reporter Mayor City of Rohnert Park *City Council /Community Development Commission 10 03 03:30p DeAGUILERA LAW 909 307 5755 P.1 di LAW OFFICE OF JAMES D E A G U I L E R A FACSIMILE TRANSMITTAL SHEET FROM: T C) t PASTOR CHIP WORTHINGTON JAMES DEAGUILERA DATE: FAX Nb-MBER: SEPTEMBER 10, 2003 707.795-3104 TOTAL NO. OF PAGES INCLUDING COVER: COMPANY: F,01.JNERT PARK ASSEMBLY OF GOD Gil I V\ INTENDED FOR THE EYES OF THE PA R TY 70 W14 .OM THEY ARE NOTE: THE FOLLOWI.','C B ADDRESSED ONLY. THE CONTENTS OF THIS CobfAlUNI[CATION ARE S7,RICTLyCONFIDENTIAL AND ARE PROTECTED Y 70A,,qyUiNrAuTHORIZFDPERSON(S)- IF YOU HAVE RECEI VED THIS TRANSMISSION IN ERROR, LAW FROM DISCLOSURE YOUR CoOPERATION IS APPRECIATED PLEASE NOTIFY SENDERA T ONCE. YO During public comment period state* COR-1 , 'I am requesting that this document from 0, attorney be entered into tile Administrative Record of proceedings for any action approving this MOU or any action by which the City agrees to provide Municipal services to facilitate development of Indian land. I am now handing this document to the City Clerk." Please note the meeting location has been changed to t PerforrninVgs Center. -- ---, , m'c . A;')1 5Z • RV=ANDS, CA 92374 Oww Ta.*ilera COUNSELOR AND ATTORNEY AT LAWd -f�? - 2068 ORANGE TREE LANE / SUITE 218 / REDLANDS, CALIFORNIA 92371 1 (909) 307 -5750 / FACSIMILE (909) 307 -5755 September 10, 2003 City of Rohnert Park Honorable Appointed Mayor Armando Flores Rohnert Park City Council City Hall 6750 Commerce Boulevard Rohnert Park CA 94928 Re: Memorandum of Understanding (MOU) Municipal Services Agreement with The Federated Indians of Graton Rancheria Honorable Mayor, Members of the City Council: Please enter this correspondence into the record of proceedings for City of Rohnert Park's noticed meeting and /or hearing on September 10, 2003. Please be advised that this office represents Citizens to Enforce CEQA (California Environmental Quality Act) with respect to issues related to the City of Rohnert Park's compliance with the California Environmental Quality Act for the approval of the MOU - Municipal Service Agreement related to the The Federated Indians of Graton Rancheria's proposed development of property in or adjacent to the City. Citizens to Enforce CEQA is an unincorporated association of residents of Sonoma County who will be adversely affected by this project. The MOU - Municipal Services Agreement will compel the City to provide municipal services for the development contemplated by The Federated Indians of Graton Rancheria. The actions in agreeing to provide municipal services is a "project" under CEQA. The environmental impacts of providing municipal services both on the agencies' service delivery systems and infrastructure as well as the impacts of facilitating the development of the Tribe's land(s) are foreseeable. The City is clearly exercising "discretion" in deciding to approve this MOU - Municipal Services Agreement. For all these reasons the City's action falls under the requirements of the California Environmental Quality Act. For all the above reasons we respectfully request that the City comply with the Environmental Quality Act (CEQA) before proceeding with this project. „ Thank you in advance. Yours LAIN OPICE54F JAMES DeAGUILERA DeAGUILERA v at Law W. tai 9��o�v 1 Dear Fellow Council Members, T CJ'--L I am pleased that my proposal 1 n June 10 that the Federated Indians of Graton Rancheria consider a location in Rohnert Park adjacent to Highway 101 has created a healthy debate about the location of the proposed casino. When I made my proposal, I did so for three primary reasons. First„ given the powers granted to Tribes upon the voters' passage of Prop] -A in 2000, it is unlikely that construction of a casino in Sonoma County can be prevented, despite the wishes of citizens of Rohnert Park and the County. Second, the Rancheria's proposed location on Highway 37 and Lakeville would have devastating environmental impacts; including harming the San Pablo Bay wetland restoration projects and exacerbating traffic problems in a rural area. And third, the city needs to think beyond the volatile sales tax revenues generated by big box retail if the city is to address its structural fiscal problems. I have consistently stated that an alternative site be located in the 101 corridor because it would minimize environmental impacts by being adjacent to the 101 corridor, which is currently the target of expansion into a multi -modal transportation system and slated for intensive commercial development. However, I am alarmed that a fully formed casino proposal came forward without the benefit of public comment. I had asked repeatedly for an open discussion of the matter starting in July once it became clear that serious considerations were being given to 101 corridor sites. Mayor Flores and the City Manager denied my requests to place the casino matter on our council agenda. They persisted in this refusal until the deal was done. They alone set council agendas and other aspects of how city business is conducted. I am also disappointed that Mayor Flores has chosen to exclude me from negotiations on this matter. On September 3rd at 2.30pm PDT, my request to have open negotiations between the three parties , made by telephone to the Mayor from the Kettle River Rest Area on Interstate 35 in Minnesota, was denied .I had just learned of the timing of the first negotiating sessions which were to be held starting at 4.30pm PDT on that same afternoon. Again I offer the following five conditions that I believe must be met in these negotiations. I cannot support any agreement by Rohnert Park on the siting of the casino unless the following conditions have been met to my satisfaction: 1. There needs to be an open process involving Rohnert Park and Sonoma County citizens., A fully formed casino proposal has come forward over the past two months with no public hearings or public input. If the alternative location is to have any credibility, we need to involve the citizens of Rohnert Park in the process. 2. There needs to be a legally binding agreement between governments to protect open space in perpetuity. Such an agreement will require involve waivers of the Rancheria's sovereign immunity so that the surplus lands not utilized for the casino be held in perpetuity 1 2 under open space easements by the Sonoma County Agricultural Preservation and Open Space District. The environmental review process and mitigation measures must be strong. The Rancheria must adopt tribal ordinances that require consideration of alternatives and mitigation measures equal to those required by both NEPA and CEQA. The development also should be based on environmentally sensitive "green" design and technology. 4. Funding must be in place to achieve the mitigation measures and to operate them over the long term. We need to have independent verification that funding for mitigation measures will be available at the outset and will be fiscally sustainable to operate those mitigations over the long term. 5. There needs to be a truly equitable revenue - sharing arrangement. Such an arrangement needs to benefit both the city General Fund as well as school and community programs. The revenue - sharing agreement must reflect how the casino would provide substantial net benefits to the community. Let me be clear. If these five conditions are not met in a draft intergovernmental agreement, I will not vote in favor of such an agreement. Sincerely Jake Mackenzie, Council Member, City of ohnert Park Attachment: Statement released on 9/3/03 prior to knowledge of First Negotiating Sessions Scheduled for that same date. [3 pages] Wednesday, September 10, 2003 X Casino Proposal Statement by Jake Mackenzie 9/03/03 In the present climate, yet another statement might seem superfluous. However, since my position on the matter of a Casino next to Rohnert Park seems to surprise many, I have combined my statement (which few heard) from last week's council meeting with a clear enunciation of my requirements before I will vote in favor of any intergovernmental agreement between the city, the county and the Federated Indians. "Where am I going and what am I doing in this hand basket ?" The last 9 months have been a roller coaster ride for this council member. I alone have challenged - unsuccessfully - the gutting of the senior management team of this city. Over the past two 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 site proposed at Hwy 37 and Lakeville would have devastating environmental impacts, including impacts on wetlands restoration projects, and exacerbate traffic problems in a rural area. I have consistently stated that an alternative site should be located in the 101 corridor because it would not impact such restoration efforts and it would be adjacent to the 101 corridor, which is currently the target of expansion into a multi - modal transportation system. After my initial suggestion, I was cross - examined at length by reporters about which site I suggested. My answer was, and I quote, "Northwest Rohnert Park, near the Walmart and Home Depot stores, might be a good location." Soon after the Budget Meeting, 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 then told us that he had already been contacted by Rohnert Park land broker Jimmie Rogers to talk about land parcels. I asked City Manager Leivo to show Mr. Wallace the area of Rohnert Park I had suggested as a possible casino site. I mentioned the NW Specific Plan area and its surrounding lands. As far as I know, they toured that area as part of the Tribe's efforts to explore alternative sites. I was left with the impression that the Tribe wished to acquire a larger area than was available in that NW quadrant. Since that day I have not talked to nor met with representatives of the Tribe nor with land brokers nor with landowners to discuss land options, nor have I been party to any "closed door" negotiations with other elected officials either from this city or the county. Three months have gone by, and a fully formed casino proposal has now been brought forth, much to dismay of many citizens of Rohnert Park. The land the Tribe has chosen was never suggested by me nor was I involved in any land- related discussions after I introduced the Mayor and the City Manager V to the Tribal representative on June 20�h. I also asked repeatedly for an open discussion of the matter starting in July once it became clear that serious considerations were being given to ioi corridor sites. The Mayor and the City Manager denied my requests to place the Casino matter on our council agenda. They persisted in this refusal until the deal was done. They alone set council agendas and other aspects of how city business is conducted. On Tuesday August 26th, the Sonoma County Board of Supervisors voted, if unwillingly, to negotiate with the Tribe. Strong passions have been unleashed on both sides of this issue. However, given the powers granted to Tribes upon the voters' passage of Prop I -A in 2000, it is unlikely that construction of a casino can be prevented, despite the wishes of citizens of Rohnert Park and the County. Passage of the Feinstein/Woolsey proposed federal legislation, S 1342/HR2656, would, I believe, result in a process which would force the Secretary of the Interior and the Governor of this state , whomsoever that might be, to determine whether or not gaming would be in the best interests of the tribe and not be detrimental to the surrounding community. This discretionary action would result in a lengthy process, but would not necessarily stop any casino project. I support passage of that legislation. But if this project comes to pass, we in Rohnert Park must be in a position to insist and ensure that it have the best possible outcome for our community. The following concerns need to be addressed in any agreement signed by this city: -The need for a legally binding agreement between governments, which involve waivers of sovereign immunity and are subject to review in the Federal Courts. -The need for an open process involving Rohnert Park and Sonoma County citizens. -The need for an environmental review process based on establishment of Tribal ordinances which will 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 for a truly equitable revenue sharing arrangement to benefit both the General Fund of our city as well as school and community programs. It is my intention to fight tooth and nail for the best, most thorough, most open environmental review processes and for the full funding of necessary mitigation measures. I believe that the Federated Indians have the opportunity to build a "Green Casino." The process must provide for full community participation. There must be full mitigation of loss of open space in accordance with our City /County agreement and there must be a Waiver of Sovereign Immunity so that the lands not utilized for the "Green Casino" development be held in perpetuity under open space easements by the Sonoma County Agricultural Preservation and Open Space District. 2 If such guarantees and the above conditions are not met in a draft intergovernmental agreement, I will not vote in favor of such an agreement. Jake Mackenzie, Rohnert Park City Council 1536 Gladstone Way, Rohnert Park, CA 94928