Loading...
2003/10/14 City Council MinutesCITY OF ROHNERT PARK CONCURRENT MEETINGS MINUTES for: CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION ROHNERT PARK FINANCING AUTHORITY October 14, 2003 Tuesday The Concurrent Meetings of the City of Rohnert Park for the City Council, the Community Development Commission, and the Rohnert Park Financing Authority met this date in Regular Session for a 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 6:10 p.m. and led the pledge of allegiance. ROLL CALL: Present: (5) Councilmembers Vidak- Martinez; Mayor Flores Absent: (0) None Mackenzie, Spradlin and Vice Mayor Nordin; and Staff present for all or part of the Regular Session: City Manager Leivo, City Attorney Strauss, Director Public Safety Bullard, Deputy City Clerk Hauff, Senior Planner Bendorff, Engineering Technician Pedroncelli, and Managing Director Performing Arts Center McDougall. Mayor Flores and City Manager Leivo discussed protocol and security for this evening's proceedings. 1. SCHEDULED APPEARANCES /PRESENTATIONS: 1. Lynne Cond6, 5732 Dexter Circle, re proposed casino and MOU agreement: Ms. Conde urged Council not to sign the MOU prematurely, but rather to wait and see what changes may come forward from the Governor's Office in the next month in terms of how many slot machines will be permitted in the casino. She recommended agendizing the MOU for consideration late in November when the Council can be sure it has a good deal for the City. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES October 14, 2003 Page(2 ) 2. Debbie Clarkson, 510 Corte Varanja, re proposed casino vs. open space and community separator: Ms. Clarkson expressed opposition to the proposed location of the casino by Rancho Verde, and she discussed community efforts ten years ago to preserve the land in that area for open space/ agriculture /wildlife. She urged the Council to make certain there are no loopholes in the MOU before voting on it, and she called attention to a letter City-Manager Leivo sent to the residents of Rancho Verde. 3. Larry Esparza, 44 Verde Circle, re opposition to casino in Rohnert Park: Mr. Esparza noted that the letter from City Manager Leivo summarizing his meeting with Rancho Verde residents re the proposed casino was one -sided and did not accurately reflect the events of that meeting. He warned the Council that there will be major repercussions if they approve the MOU, and he indicated that many members of the public feel that the Council has betrayed their trust. 4. Maria Esparza, 44 Verde Circle, re opposition to casino in Rohnert Park: Ms. Esparza stated that she and many other residents of Rancho Verde will fight City Hall to protect their families and to live in a family- oriented community. She reminded the Council that they should not give up their right to protest the casino. 5. Chip Worthington, 4695 Snyder Lane, re casino MOU relating to the Bill of Rights: Mr. Worthington quoted from the "Bureau of Indian Affairs (BIA) Statement on Fee to Trust Process" - ATTACHED TO THE ORIGINAL SET OF MINUTES: "Assessment of impact on local government. The tribe, after consulting with local government, must describe any existing conflicts over taxation and services such as: policing, utilities, zoning and fire protection. Indication of resolution of problems and conflicts. Where conflicts exist, tribes must also describe how they intend to resolve conflicts over tax funded activities. Proof of compliance with National Environmental Policy Act and federal hazardous waste laws." Mr. Worthington indicated that the City has not negotiated wisely with the Tribe, that opposition to the casino is growing, and that opponents will follow through on legal action against the casino. He SUBMITTED copies of the Bill of Rights to Council. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES October 14, 2003 Page(3 ) 6. Gerard Giudice, 7396 Circle Drive, re the importance of good, responsive, representative local government: Mr. Giudice reviewed the City's values and missions, including serving the community together and creating a positive and healthy environment, and he stated that under the Mayor's stewardship the City has lost its mission. He told the Council that they have no right to fast track the City's most important decision in light of the many factors still undecided, and he urged the Councilmembers to resign immediately and apologize to the people. 7. Anita Felton re opposition to the casino: Ms. Felton raised concerns over several aspects of the MOU, including agreements that the City will not oppose the Tribe's effort to have the Secretary of the Interior take the property into trust and that the City will not oppose the Tribe's gaming compact with the State of California. She stated that the casino can be moved from the Rohnert Park site and that there will be a voter revolt if the casino is put near Rohnert Park. 8. Kenneth C. Lamb, M.D., re the casino: Dr. Lamb stated that a gambling casino will detract from the character of the community in terms of increased crime, broken families, political corruption, property valuation, and general morality. He noted that large corporations are using a loophole in federal law regarding Native Americans to aid their efforts to put casinos in small communities. He also expressed concern that the Council is overwhelmed by special interests, power, and the big money of gambling and development corporations. Dr. Lamb's comments were SUBMITTED to the Council. 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. Tim Danesi, 6400 Meadow Pines, was recognized and expressed concern about the City's need to broadcast the City Council meetings despite their temporary relocation to Spreckels Performing Arts Center. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES October 14, 2003 Page(4 ) 2. Yuka Kamiishi, Sonoma County YWCA, was recognized and thanked Council for passing the resolution recognizing October as Domestic Violence Awareness Month. She invited Council and the public to join in the First Annual YWCA Harmony Walk on Thursday, October 23, and she recommended calling 546 -1234 for more details about the walk. 3. Jo Caulk, 6054 Donna Court, was recognized and began to discuss casino matters. Mayor Flores advised her to wait until resort- casino matters came up on the agenda. 3. STUDENT REPORTS: SSU - Sonoma State University Associated Students, Inc., Jennifer Wong, Vice President, Legislative Representative: Ms. Wong discussed the following matters: (1) CSU budget - application process closes November 30; (2) Michael Moore sold out; (3) ASI facilitating debate on casino - contact ASI for details. 4. RESORT - CASINO MATTERS: 1. Report from City Attorney and City Manager: City Attorney Strauss reviewed the contents of the Staff Report and responded to Council questions about the NEPA review process, the Governor's compact with tribes in California, the length of the MOU, the issue of non - opposition, and the legal sufficiency of the MOU. City Manager Leivo shared comments about the NEPA review process, the validity of NEPA, and various aspects of the MOU, and he responded to Council inquiries about an audit procedure. 2. Public Comments: Mayor Flores initially called forward Greg Sarris of the Graton Rancheria Tribal Council to share additional comments on resort - casino matters. Mr. Sarris discussed the public's lack of . information and his concern with the Press Democrat's reporting on casino issues. He indicated that the Tribe left the Highway 37 site as a gesture of cooperation with the County and because of environmental concerns. He stated that the MOU is legal and binding and that the Tribe's interest from the beginning has been to create something that would benefit the Indian and non - Indian communities. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES October 14, 2003 Page(5 ) The following members of the public submitted speaker cards and came forward to express their views about the proposed hotel /casino /resort: SUPPORT 1. Greg Sarris, Graton Rancheria Tribal Council SUPPORT 2. Dina One Heart Gilio, Rohnert Park SUPPORT 3. Anaquad Cobe, 6891 Avenida Cala SUPPORT 4. Bill Scott, 610 East Washington Street, No. C, Petaluma SUPPORT 5. John Walsh SUPPORT 6. Jim Kohn, Rohnert Park SUPPORT 7. Jim DuPont SUPPORT 8. Juanita Martinez SUPPORT 9. Mike Casey 10. Greg Gunheim, Rohnert Park: Not present. SUPPORT 11. Tom Brandon, 4210 Petaluma Boulevard North, Petaluma SUPPORT 12. Jim Shugrue SUPPORT 13. Tom Thunderhorse, 5433 Bobbie Way SUPPORT 14. Danny Vasquez SUPPORT 15. Gabriel Gabaldon 16. Gina Vasquez: Not present. OPPOSE 17. John Metras, 7659 Isabel Drive, Cotati SUPPORT 18. Constantine J. Koltzoff, 4468 Hollingsworth Circle 19. Paula Reinhold, President, Education Foundation of Cotati - Rohnert Park: Reference to letter DISTRIBUTED to Council, REQUEST that the City alter the language of the MOU to change the name of the Tribe's school - funding body to something other than "the Education Foundation." SUPPORT 20. Len Carlson, 349 Circulo San Blas OPPOSE 21. Alan Colton OPPOSE 22. Jonathan Krive, Petaluma SUPPORT 23. David J. Gladysz, 147 Alma Avenue 24. Marcia Sullivan, 410 Arlen Drive: Not present. OPPOSE 25. Julie Neilson, 410 Arlen Drive OPPOSE 26. Matt Smith, 4579 Harmony Place SUPPORT 27. Vern Smith, 4346 Heritage Lane OPPOSE 28. Bette Schmidtman, 10 Las Casitas Drive SUPPORT 29. Ray Arnold, 7634 Beth Court OPPOSE 30. Jessie Bogert, Santa Rosa OPPOSE 31. Chris Krive, Petaluma OPPOSE 32. Bethany Bogert, Santa Rosa SUPPORT 33. Tony Piazza OPPOSE 34. Correy Alcantra 35. Dan Crowley, Esq., 37 Old Courthouse Square, Santa Rosa: Not present. 36. Richard Close, Esq. -,- 1299 Ocean, No. 900, Santa Monica: Attorney for Rancho Verde Mobilehome Park - owner concerned re Rancho Verde residents; will work with City if MOU approved. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES October 14, 2003 Page(6 ) SUPPORT 37. Stephen Troth, 44 Laurel Court OPPOSE 38. Catherine Fard, 7482 Monique Place 39. George Raymond, 411 Bloomfield Road: Not present. SUPPORT 40. Gloria Armstrong, 10091 Occidental Road 41. Mario Merjil, 2350 Santa Rita Road, Pleasanton 42. Kate Hart, Marshall - Tomales: Not present. OPPOSE 43. Michael Krauss, 603 Racquet Club Circle OPPOSE 44. Jo Caulk, 6054 Donna Court SUPPORT 45. Patricia Jones Voulgaris OPPOSE 46. Evelyn Schneckloth, 6365 San Benito 47. Mike Casey: Not present. 48. Jim DuPont: Not present. OPPOSE 49. Lloyd Iversen, 4230 Hargrave Avenue, Santa Rosa OPPOSE 50. George Blank, 5734 Dexter Circle OPPOSE 51. Linda Lamb, 5734 Dexter Circle 52. Anthony Moreno, 1230 Heartwood Drive: Not present. OPPOSE 53. Bill Adams, 716 Brett Avenue OPPOSE 54. Leah Conde, 5732 Dexter Circle OPPOSE 55. Gay Carlson, 5729 Davis Circle SUPPORT 56. Loy C. Rayos, 4759 Fairway Drive OPPOSE 57. Jane Eldridge, 5305 Gilchrist Road, Sebastopol OPPOSE 58. Karen Hudson, 7816 Medallion Way SUPPORT 59. Emmon Clark, 975 Emily Avenue 60. Roger A. Farrel, 288 Ely Boulevard South: Not present. OPPOSE 61. Larry Esparza, 44 Verde Circle SUPPORT 62. Eleanor Dominguez, 429 West 8th Street OPPOSE 63. Deanna Washington, 7465 Mercedes Way OPPOSE 64. Cheryl Campers, 361 Enterprise Drive OPPOSE 65. Richard Armerding, 1236 Hagermann Lane OPPOSE 66. Ernie Carpenter, Santa Rosa OPPOSE 67. Ruth Alcantra 68. Peter Ashcroft, Sierra Club: Statement of Sonoma Group of Sierra Club. OPPOSE 69. Ariel Monserrat, 38 Grand View, Camp Meeker OPPOSE 70. Adam Robertson, 5388 Evonne Avenue 71. Betty Anne Gould: Not present.. OPPOSE 72. Roy Littwin, 2783 Cumberland Street, Santa Rosa OPPOSE 73. Ho Lam Tsang, 1549 Golf Course Drive OPPOSE 74. Robert Coibion, P.O. Box 2283, Sebastopol OPPOSE 75. Sharol Duenas, 7226 Alma Avenue OPPOSE 76. Jack Newbery, 1223 Caridad Court SUPPORT 77. Morgan Bliss, 1575 Gretchen Court OPPOSE 78. Caryl Burns, 1593 Parkway Drive - 79. Aman: Not present. OPPOSE 80. John DeLair, 46 Verde Circle OPPOSE 81. Chip Worthington, 4695 Snyder Lane *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES October 14, 2003 Page {7 ) OPPOSE 82. Betty Fredericks, Commerce Boulevard OPPOSE 83. Linda Kelley, 453 Eleanor Avenue, Sebastopol OPPOSE 84. Debbie Clarkson, 510 Corte Varanja OPPOSE 85. Dennis G. McCormack, 1431 Jasmine Circle OPPOSE 86. Peggy Scares, 4319 Primrose Avenue OPPOSE 87. Kathy Matson OPPOSE 88. John Burbank, 31 Wambold Lane, Petaluma Highlights of the public speakers' comments and questions in support /opposition included the following: *Fewer than one percent of Rohnert Park voters were polled in a recent poll done by The Press Democrat *Project labor agreements are entirely enforceable *Hotel and restaurant workers pleased with casino - resort's union jobs *Recall all Councilmembers, including the one who suggested the Tribe consider Rohnert Park *Casino will be a reality; Best to work with the Tribe *Council's position should represent the majority of the community *Clause to renegotiate with the Tribe if revenue projections are not met is responsible *Crafting the best deal for Rohnert Park is better than doing nothing *Ongoing concerns about the water table, flooding *Casino jobs will decrease local jobs *How can the Council tell young people to just say "no" when they cannot say "no" to the casino? *Burden will be on the taxpayers if Council does nothing *Backstreets of Reno are indicative of problems City will face with a casino *If community is so family- oriented, why are threats being made against members of the Graton Rancheria? *Council needs to sufficiently,convince the community the casino is good for Rohnert Park *Many Indians died for American justice; now they want to take some of that justice and participate in the American dream of capitalism *Why does the City need casino money so badly? *Opponents have the time and inclination to fight *Who will buy land and property in front of a casino? *Casino revenues will help the less fortunate in the area *Casino built on watershed shows little respect for land *Why won't Tribe consider a more wholesome venture or a Native American museum? *City needs more places for entertainment, relaxation *MOU needs more time to be thoroughly reviewed and to negotiate proper mitigations for regional impacts *Concern for the children on the West Side whose lives will be impacted by the casino *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES October 14, 2003 Page(8 ) 3. Council Discussion and Possible Action: Mayor Flores called for Council comments. Councilmember Vidak- Martinez discussed the responsibility of elected officials and her understanding of the potential impacts. Councilmember Mackenzie stated that he will continue to try to persuade other jurisdictions to pass resolutions and support federal legislation to make it more difficult for tribes to build casinos. He reiterated that the process leading to tonight's vote on the MOU has been flawed in particular by the lack of meaningful dialogue between the Council and the public regarding the MOU, and he noted that he has sent a confidential citizen's complaint to the Sonoma County Grand Jury, stating his concerns about the process, the project, and the problems in the City's government. Councilmember Spradlin discussed her elected responsibility to protect the financial' integrity of Rohnert Park and the well -being of its citizens despite a difficult decision. Vice Mayor Nordin spoke about the serious financial constraints facing the City and the Council's ability to make the Tribe responsible for the impacts. Mayor Flores discussed the importance of the democratic process and his focus on political realities, including federal statutes granting sovereignty, the potential impacts of the new governor- elect's budgetary plans, and what happens when city governments do not negotiate with the tribal nations. Resolution for Adoption: 2003 -233 APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE FEDERATED INDIANS OF THE GRATON RANCHERIA Upon MOTION by Vice Mayor Nordin, seconded by Councilmember Spradlin, with a FRIENDLY AMENDMENT by the maker of the motion and accepted by the second and the attorney for the Graton Rancheria to change the name from "Graton Rancheria Education Foundation for Cotati- Rohnert Park USD" to "Graton Rancheria Educational Trust for Cotati - Rohnert Park Unified School District," and APPROVED 4 -1 with Councilmember Mackenzie dissenting, reading was waived and Resolution 2003 -233 was ADOPTED AS AMENDED. FOR THE RECORD, Councilmember Mackenzie stated that he believes that the City and the community would have been better served if there had been a full discussion section by section of the MOU so that the City could have had a debate in front of the community. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES October 14, 2003 Page(9 ) RECESS: Mayor Flores declared a recess at 10:47 p.m. RECONVENE: Mayor Fores reconvened the Council at 11:04 p.m. with all Councilmembers present except Councilmember Vidak- Martinez, who left during the break due to illness. 5. LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDING ( LLEBG) - CONSIDERATION OF EXPENDITURE OF LLEBG FUNDS TO PURCHASE MOBILE DATA COMPUTERS FOR TWO NEW PATROL VEHICLES: 1. Staff Report: City Manager Leivo shared the contents of the Staff Report. 2. PUBLIC HEARING: Mayor Flores opened the Public Hearing at 11:05 p.m. There being no members of the public interested in speaking on this matter, Mayor Flores closed the Public Hearing at 11:05 p.m. 3. Council Discussion /Action: Resolution for Adoption: 2003 -234 AUTHORIZING AND APPROVING EXPENDITURE OF LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS RECEIVED TO INSTALL MOBILE DATA COMPUTERS IN TWO DEPARTMENT OF PUBLIC SAFETY VEHICLES Upon MOTION by Councilmember Mackenzie, seconded by Vice Mayor Nordin, and APPROVED 4 -0 -1 with Councilmember Vidak- Martinez absent, reading was waived and Resolution 2003 -234 was ADOPTED. 6. PLANNING AND ZONING MATTERS: 1. File No. PL2003- 041GP /RZ - Consideration of an application from City of Rohnert Park for a General Plan amendment and Rezoning for an approximately .35 acre property located on the northerly side of Santa Dorotea Circle between Dorian Drive and Davis Circle (APN 143 - 640 -001): a. Staff Report: Senior Planner Bendorff shared the contents of the Staff Report, and staff responded to Council comments about Habitat for Humanity. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES October 14, 2003 Page(10) b. PUBLIC HEARING: Mayor Flores opened the Public Hearing at 11:08 p.m. There being no members of the public interested in speaking on this matter, Mayor Flores closed the Public Hearing at 11:08 p.m. c. Council Discussion /Action: Resolutions for Adoption: 2003 -235 CERTIFYING A NEGATIVE DECLARATION FOR A GENERAL PLAN AMENDMENT AND REZONING FOR A .35 ACRE SITE LOCATED ON THE NORTHERLY SIDE OF SANTA DOROTEA CIRCLE BETWEEN DORIAN DRIVE AND DAVIS CIRCLE, MORE PRECISELY KNOWN AS ASSESSOR'S PARCEL NUMBER 143 - 640 -001 (CITY OF ROHNERT PARK) Upon MOTION by Vice Mayor Nordin, seconded by Councilmember Mackenzie, and APPROVED 4 -0 -1 with Councilmember Vidak- Martinez absent, reading was waived and Resolution 2003 -235 was ADOPTED. 2003 -236 APPROVING AN AMENDMENT TO THE LAND USE MAP OF THE GENERAL PLAN FOR A .35 ACRE SITE LOCATED ON THE NORTHERLY SIDE OF SANTA DOROTEA CIRCLE BETWEEN DORIAN DRIVE AND DAVIS CIRCLE (APN 143- 640 -001) (CITY OF ROHNERT PARK) Upon MOTION by Vice Mayor Nordin, seconded by Councilmember Mackenzie, and APPROVED 4 -0 -1 with Councilmember Vidak- Martinez absent, reading was waived and Resolution 2003 -236 was ADOPTED. Ordinance for Introduction: No. 706 REZONING ONE (1) PARCEL TOTALING .35 ACRE LOCATED ON THE NORTHERLY SIDE OF SANTA DOROTEA CIRCLE BETWEEN DORIAN DRIVE AND DAVIS CIRCLE AND MORE PRECISELY KNOW AS ASSESSOR'S PARCEL NUMBER 143- 640 -001 FROM PUBLIC INSTITUTIONAL DISTRICT (P -1) TO LOW DENSITY RESIDENTIAL DISTRICT (R -L) Upon MOTION by Vice Mayor Nordin, seconded by Councilmember Mackenzie, and APPROVED 4 -0 -1 with Councilmember Vidak- Martinez absent, reading was waived and Ordinance No. 706 was INTRODUCED. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES October 14, 2003 Page(11) 2. File No. PL2003- 045GP /RZ - Consideration of an application from City of Rohnert Park for a General Plan Amendment and Rezoning for an approximately .57 acre property located at 6750 Commerce Boulevard (APN 143 - 380 -014): a. Staff Report: Senior Planner Bendorff shared the contents of the Staff Report. b. PUBLIC HEARING: Mayor Flores opened the Public Hearing at 11:17 p.m. There being no members of the public interested in speaking on this matter, Mayor Flores closed the Public Hearing at 11:17 p.m. c. Council Discussion /Action: Resolutions for Adoption: 2003 -237 CERTIFYING A NEGATIVE DECLARATION FOR A GENERAL PLAN AMENDMENT AND REZONING FOR A .57 ACRE SITE LOCATED AT 6750 COMMERCE BOULEVARD, MORE PRECISELY KNOWN AS ASSESSOR'S PARCEL NUMBER 143 - 380 -014 (CITY OF ROHNERT PARK) Upon MOTION by Vice Mayor Nordin, seconded by Councilmember Spradlin, and APPROVED 4 -0 -1 with Councilmember Vidak- Martinez absent, reading was waived and Resolution 2003 -237 was ADOPTED. 2003 -238, APPROVING AN AMENDMENT TO THE LAND USE MAP OF THE GENERAL PLAN FOR A .57 ACRE SITE LOCATED AT 6750 COMMERCE BOULEVARD (APN 143 - 380 -014) (CITY OF ROHNERT PARK) Upon MOTION by Vice Mayor Nordin, seconded by Councilmember Spradlin, and APPROVED 4 -0 -1 with Councilmember•Vidak- Martinez absent, reading was waived and Resolution 2003 -238 was ADOPTED. Ordinance for Introduction: No. 707 REZONING ONE (1) PARCEL TOTALING .57 ACRE LOCATED AT 6750 COMMERCE BOULEVARD AND MORE PRECISELY KNOWN AS ASSESSOR'S PARCEL NUMBER 143 - 380 -014 FROM PUBLIC INSTITUTIONAL DISTRICT (P -1) TO HIGH DENSITY RESIDENTIAL DISTRICT (R -H) *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES October 14, 2003 Page(12) Upon MOTION by Vice Mayor Nordin, seconded by Councilmember Spradlin, and APPROVED 4 -0 -1 with Councilmember Vidak- Martinez absent, reading was waived and Ordinance No. 707 was INTRODUCED. 7. COUNCIL COMMITTEE AND /OR OTHER REPORTS: 1. Sonoma County Transportation Authority (SCTA), October 13, 2003, meeting: Councilmember Mackenzie gave brief updates on the following matters: (1) Addition of two new staff members -- deputy director project manager and a modelling person; (2) Regional transportation programs; (3) Sonoma -Marin Area Rail Transit (SMART) station site selections - Meeting tomorrow evening at 6:00 p.m. open to public for input regarding Rohnert Park's station site. 2. Water Advisory Committee (WAC) meetings: Councilmember Mackenzie and Mayor Flores reported on the discussions as to how the WAC should proceed with its business and the expansion of available water to district participants of the Sonoma County Water Agency (SCWA) . 3. Mayors' & Councilmembers' Association, October 9, 2003: Mayor Flores reported that the Federated Indians of the Graton Rancheria answered questions at said meeting with regard to some aspects of the MOU agreement with Rohnert Park. 4. Other, if any: None. 8. COMMUNICATIONS: Communications per the attached outline were brought to the attention of the Councilmembers. No communications were discussed. 9. MATTERS FROM /FOR COUNCIL - INFORMATIONAL ITEMS, IF ANY: No matters were raised by the Councilmembers. 10. CITY MANAGER'S REPORT: 1. Appraisal Conclusion on 195 Southwest Boulevard: City Manager Leivo shared the contents of the Staff Report, and Council CONCURRED with the City Manager's recommendations to amend the pre- development agreement and to work with Mercy Housing to identify other affordable housing project sites. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES October 14, 2003 Page(13) 2. Holiday Lights Celebration proposed to be held on Lynne Conde Way and area surrounding new library: Council CONCURRED with the suggestion to hold the Holiday Lights Celebration at Lynne Conde Way and the area surrounding the new library. 3. Other informational items, if any: a. Circuit City: City Manager Leivo informed Council that Hugh Codding entered into an agreement with Circuit City for development of a commercial site in Rohnert Park. b. Agilent: City Manager Leivo notified Council that Agilent Technologies will be moving 350 of its employees from Rohnert Park to Santa Rosa in an effort to consolidate their work teams in one location over the next 18 months. He also stated that Agilent will have two vacant buildings in the City available for other users within 18 months. ***************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 11. 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 withdrew Item E, Community Development Commission matter. Mayor Flores signified removal of Resolution 2003 -239 per Councilmember Mackenzie's recommendation. A. APPROVAL OF CONCURRENT MEETING MINUTES FOR: REGULAR CONCURRENT CITY MEETINGS — SEPTEMBER 23, 2003 B. APPROVAL OF BILLS /DEMANDS FOR PAYMENT CONCURRENTLY FOR: CITY OF ROHNERT PARK /CITY COUNCIL IN THE AMOUNT OF $2,189,926.71 COMMUNITY DEVELOPMENT COMMISSION IN THE AMOUNT OF: $80,235.74 C. ACCEPTING CASH /INVESTMENTS REPORT FOR MONTH END, JULY 31, 2003, CONCURRENTLY FOR: CITY OF ROHNERT PARK /CITY COUNCIL - DEFERRED COMMUNITY DEVELOPMENT COMMISSION - DEFERRED ROHNERT PARK FINANCING AUTHORITY - DEFERRED D. RESOLUTIONS FOR ADOPTION: 2003 -240 COMMEMORATING FRIDAY, OCTOBER 24, 2003, AS "UNITED NATIONS DAY" *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES October 14, 2003 Page(14) 2003 -241 PROCLAIMING SATURDAY, OCTOBER 25, 2003, AS "MAKE A DIFFERENCE DAY" 2003 -242 SUPPORTING THE MONTH OF OCTOBER, 2003, AS "BREAST CANCER AWARENESS MONTH" 2003 -243 RATIFYING AN AGREEMENT FOR SERVICES WITH JONES & STOKES ASSOCIATES FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE UNIVERSITY DISTRICT SPECIFIC PLAN AREA 2003 -244 RATIFYING AN AGREEMENT FOR SERVICES WITH EIP ASSOCIATES FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE SOUTHEAST SPECIFIC PLAN AREA 2003 -245 RATIFYING APPROVAL OF TASK ORDER NO. 2003 -04 WITH WINZLER & KELLY ENGINEERS FOR ENGINEERING AND TECHNICAL SERVICES FOR THE RENOVATION OF THE BURTON AVENUE RECREATION BUILDING 2003 -246 ACCEPTING THE BIDS AND AWARDING THE CONTRACT TO ZSI, INC., FOR THE VARIABLE FREQUENCY DRIVE REPLACEMENT PROJECT NO. 2003 -10 2003 -247 APPROVAL OF TASK ORDER NO. 2003 -8 WITH WINZLER & KELLY ENGINEERS FOR THE PRELIMINARY DESIGN OF THE TRUNK SEWER FORCE MAIN PROJECT NO. 2003 -11 FOR AN AMOUNT NOT TO EXCEED $188,560 2003 -248 APPROVAL OF TASK ORDER NO. 2003 -9 WITH WINZLER & KELLY ENGINEERS FOR THE STORM WATER MODEL PHASE 3 STUDY PROJECT NO. 2003 -9 FOR AN AMOUNT NOT TO EXCEED $142,820 2003 -249 AUTHORIZING AND APPROVING AN AGREEMENT WITH MOOSEPOINT TECHNOLOGY, INC., FOR INTERNET -BASED DATA SHARING OF GEOGRAPHIC INFORMATION 2003 -250 APPROVING, AUTHORIZING, AND REJECTING PARCEL MAP NO. 174, LANDS OF AGILENT, 1212 VALLEY HOUSE DRIVE (APN 0460- 051 -033) 2003 -251 APPOINTING A REPRESENTATIVE AND ALTERNATE REPRESENTATIVE TO THE REDWOOD EMPIRE MUNICIPAL INSURANCE FUND (REMIF) BOARD Upon MOTION by Councilmember Mackenzie, seconded by Vice Mayor Nordin, _the Consent Calendar, as outlined on the meeting's agenda with the exception of Item E, Community Development Commission matter, and Resolution 2003 -239, was APPROVED 4 -0 -1 with Councilmember Vidak- Martinez absent. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES October 14, 2003 Page(15) Item Withdrawn: E. COMMUNITY DEVELOPMENT COMMISSION MATTER: CDC Resolution for Adoption: 2003 -15 AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE AN AGREEMENT FOR A LOAN WITH LEA & JOHN MARCHESIELLO FOR THE DEVELOPMENT OF AFFORDABLE HOUSING UNITS Item WITHDRAWN by City Manager Leivo. Item for Consideration: 2003 -239 HONORING ANN KENNEDY, SENIOR CITIZENS ADVISORY COMMISSIONER, FOR HER TWENTY -FIVE YEARS OF SERVICE TO THE CITY Councilmember Mackenzie suggested that Ms. Kennedy be presented with a token of the City's appreciation, such as an aerial photograph of the City since she is moving. Mayor Flores DIRECTED City Manager Leivo to inform him of the next Senior Citizens Advisory Commission meeting so that he and Councilmember Mackenzie can attend and present Ms. Kennedy with a gift from the City in gratitude for her years of service. Upon MOTION by Councilmember Mackenzie, seconded by Councilmember Spradlin, and APPROVED 4 -0 -1 with Councilmember Vidak- Martinez absent, reading was waived and Resolution 2003 -239 was ADOPTED with the understanding that the City will present Ms. Kennedy with a token of appreciation for her efforts over the years. ***************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 12. PUBLIC COMMENT: 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 Flores ADJOURNED the meeting at approximately 11:39 p.m. k eonard Certified Shorthand Reporter CSR No. 11599 Armando Flores Mayor City of Rohnert Park *City Council /Community Development Commission/ Rohnert Park Financing Authority 14 BIA fee to trust policy (U 5 BIA Statement on Fee To Trus Fee -to -Trust Transfers Why are tribes allowed to put land into trust? � � . `� Page 1 of 2 � ,� Tribal Trusts are a result of The Indian Reorganization Act of 1934 (IRA), which was enacted to remedy the devastating loss to Indians of over 90 million acres (two - thirds of the total) of Indian lands between the General Allotment Act of 1887 and the IRA of 1934. It authorizes the Secretary of the Interior to hold land for Indian Tribes and individual Indians in trust, thereby securing Indian lands for economic development, housing, and related purposes. It also allows the tribe to benefit from the housing and other federal programs which can only be used on land which has been placed in trust. What to do if you are concerned about fee -to -trust transfers in your county? Tribal purchase of land is not sufficient to take land off the tax rolls nor is the conversion of land to a tax - exempt trust status immediate or automatic. According to federal regulations, a tribal government must submit a specific application to the federal Bureau of Indian Affairs (BIA), part of the U.S. Department of the Interior, when it wants land it owns taken into trust. in July 1995, the BIA issued regulations governing the fee -to -trust process. What does a fee -to -trust request contain? According to the regulations (5 CFR.151.10) when applying to take land into trust, a tribe must provide the following information to the BIA: Official citations of federal statutes under which the transaction is to take place and a tribal government resolution authorizing the acceptance of the transfer. A legal description of the property, and a tribal request for trust status. Discussion of whether third parties will be using the land. • Discussion of the need to take the land into trust, and justification why the present status of the land will not serve that need. Avoiding taxation may not be used as a reason. • Description of the purposes of the transfer. The tribe must specifically explain the intended use of the acquired land (eg. housing, economic development) and how the acquisition will enhance that use. Assessment of impact on local government. The tribe, after consulting with local government, must describe any existing conflicts over taxation and services such as: policing, utilities, zoning and fire protection. BIA fee to trust policy Page 2 of 2 transfer. If a tribe applies to take land within their current reservation boundary into trust the decision is made by the Great Lakes Agency Office (which handles Wisconsin) in Ashland. If the tribe applies to take land into trust that is outside their current reservation boundary, then the decision is made by the Area Office in Minneapolis. Regulations require that the BIA notify state and local governments when they receive an application from a tribe to process a taxable parcel of land to trust status. The notification is provided for the purpose of allowing government entities an opportunity to comment. Notices must identify the land to be transferred and the requesting tribe, as well as the tribe's proposed use of the land. How long do local governments have to make comments? The regulations provide affected governments 30 days to comment. All comments are given consideration in the review process. After all comments have been received and reviewed, the BIA is then in a position to issue a decision. If the decision is difficult or additional technical review is needed, the BIA may request the assistance of BIA Headquarters in Washington. How have local governments dealt with tribes on taxation issues? The federal regulations are structured to start a dialogue between communities, tribes and states on the management of proposed trust lands. Tribes and local governments in Wisconsin have entered into agreements over services, though they are not a prerequisite for trust approval. Tribes have agreed to pay a fee for particular services, contracted with local governments to provide services, and in some cases have provided services themselves. How can individuals get involved? You can either contact your local government or BIA directly to express your views. What to do if you: • Want to know whether a tribe has applied to take land in to trust Tribal government offices are able to provide information on the status of trust requests or interested individuals can contact the appropriate BIA Office. • Want to comment on a pending trust application Individuals interested in commenting on trust applications should contact the appropriate BIA Office.