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2003/12/09 City Council Minutes (3)CITY OF ROHNERT PARK CONCURRENT MEETINGS MINUTES for: CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION ROHNERT PARK FINANCING AUTHORITY December 9, 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 Rohnert Park City Hall Council Chambers, 6750 Commerce Boulevard, Rohnert Park, with Mayor Flores presiding. CALL TO ORDER: Mayor Flores CALLED the Regular Session to order at 6:00 p.m. ROLL CALL: Present: (4) Councilmembers Spradlin and Mackenzie; Vice Mayor Nordin; and Mayor Flores Absent: (1) Councilmember Vidak- Martinez Staff present for all or part of the Regular Session: City Manager Leivo, City Attorney Strauss, and Assistant City Manager Donley. ADJOURN TO CLOSED SESSION TO CONSIDER: Mayor Flores adjourned Council to Closed Session at 6:01 p.m. to consider litigation matters and real estate negotiations. REGULAR SESSION: Mayor Flores reconvened Regular Session at 6:54 p.m. and led the pledge of allegiance. He noted that Councilmember Vidak- Martinez is away on City business. 1. MAYOR'S REPORT ON CLOSED SESSION: Mayor Flores reported that no action will be taken this evening with regard to Closed Session matters. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES December 9, 2003 Page(2 ) 2. SCHEDULED APPEARANCES /PRESENTATIONS: Kim Colvig, M Section, re SSU students parking in her neighborhood: Ms. Colvig was not present. 3. STUDENT REPORTS: SSU - Sonoma State University Associated Students, Inc., Jennifer Wong, Vice President, Legislative Representative: Ms. Wong was not present. 4. 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, limited to 3 -5 minutes per appearance and a 30- minute total time limit. 1. John Metras, 7659 Isabel Drive, was recognized and asked the Council to submit the Memorandum of Understanding with the Federated Indians of Graton Rancheria to a vote of the people in a referendum. City Manager Leivo clarified timing issues between the referendum and the recall efforts. 2. Len Carlson, 349 Circulo San Blas, was recognized and indicated that he will speak when his item comes up on the agenda. 3. Gerard Guidice, 7396 Circle Drive, was recognized and, referring to Form 460, questioned several of the campaign contributions for Mayor Flores, Vice Mayor Nordin, and Councilmembers Spradlin and Vidak- Martinez. 4. Peter A. Tscherneff, Sonoma County, was recognized and shared comments on the purposes of gambling and religion. 5. John Hudson, 399 Bonnie Avenue, was recognized and indicated that the referendum should be put on the ballot, among other things, as a show of support for City government. He also explained the benefits of an initiative over a referendum. 7. Timothy J. Lynch, 129 Rancho Verde Circle, was recognized and asked that the City Attorney review ways to protect the citizens of Rancho Verde should the MOU be defeated. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES December 9, 2003 Page(3 ) 8. Seamus Seanachaoi, 207 Southwest Boulevard, was recognized and SUBMITTED a copy of his Christmas music CD, "Christmas Through Time," to Council. He noted that the CD costs $15 with $5 from every CD sold going directly to raise funds for the Senior Center. 9. Larry Esparza, 44 Verde Circle, was recognized and asked Councilmember Mackenzie to be a guest speaker at the January 7th, 2004 Rancho Verde Residents' meeting in the clubhouse, noting that the bimonthly meetings will cover the recall and other casino - related topics. Councilmember Mackenzie accepted the invitation and inquired about what topic to discuss. 10. Jonathon Krive, Petaluma, was recognized and briefly shared comments on the CEQA lawsuit against the City. He also gave an update on the recall efforts and noted that federal and state authorities will see Rohnert Park's political clout. 11. Lynne Conde, Dexter Circle, was recognized and discussed the marketing efforts of the Federated Indians of Graton Rancheria, noting that the Tribe has $800 million left to spend on getting the casino in place. She also commented on methods casinos use to draw senior citizens into their establishments. 5. SENIOR CITIZENS ADVISORY COMMISSION APPOINTMENT: Consideration of appointment for vacancy to two -year term to expire December 31, 2004: Council to fill vacancy due to resignation of Ann Kennedy, accepted November 12, 2003: Councilmember Mackenzie indicated that he will DEFER his recommendation to the January 13, 2004 City Council meeting. 6. SMART RAIL PLANNING PROJECT: Consideration of Rohnert Park options for potential rail station locations at Golf Course Drive and Rohnert Park Expressway: 1. Staff Report: City Manager Leivo shared the contents of the Staff Report and responded to Council comments. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES December 9, 2003 Page(4 ) 2. Council Discussion /Action: A MOTION was made by Councilmember Mackenzie, seconded by Vice Mayor Nordin, (1) to DIRECT STAFF to notify SMART that the City prefers the North Rohnert Park site and to request that SMART research the North site as well as the wedge of land between Redwood Drive and Highway 101 as noted in the Staff Report. A FRIENDLY AMENDMENT by Councilmember Spradlin to ask that SMART also evaluate the City Center area was DECLINED. Said motion was APPROVED 4 -0 -1 with Councilmember Vidak- Martinez absent. 7. SANTA ROSA SUBREGIONAL WATER RECLAMATION SYSTEM: Consideration of Incremental Recycled Water Program - Draft Master Plan: 1. Staff Report: City Manager Leivo shared the contents of the Staff Report. 2. Council Discussion /Action: Councilmembers commented briefly. Councilmember Mackenzie noted that the City should recommend indirect discharge in the Russian River if necessary. Upon MOTION by Councilmember Spradlin, seconded by Vice Mayor Nordin, a motion to approve the letter as outlined in the Staff Report and over the Mayor's signature was APPROVED 4 -0 -1 with Councilmember Vidak- Martinez absent. 8. PRESENTATION OF SECOND DRAFT CITY SEAL DESIGN: Consideration of new City seal design: Council Discussion /Action: City Manager Leivo shared brief comments. A MOTION was made by.Councilmember Spradlin, seconded by Councilmember Mackenzie, (1) to approve the seal and (2) to authorize staff to work with Councilmember Vidak- Martinez to finalize the seal. A FRIENDLY AMENDMENT was made by Councilmember Mackenzie that the saddle in Sonoma Mountain be accurately depicted in the final seal. The Friendly Amendment was accepted by the maker of the motion, and said motion was APPROVED 4 -0 -1 with Councilmember Vidak- Martinez absent. 9. PRESENTATION OF REFERENDUM PETITIONS REGARDING MEMORANDUM OF UNDERSTANDING WITH FEDERATED INDIANS OF THE GRATON RANCHERIA: *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES December 9, 2003 Page(5 ) Consideration of response to presentation of Referendum Petition re Resolution No. 2003 -233 Authorizing and Approving a Memorandum of Understanding with the Federated Indians of the Graton Rancheria: 1. Staff /City Clerk's report on validity of Petitions: City Manager Leivo shared the contents of the Staff Report. 2. City Attorney's report on City Council options: City Attorney Strauss discussed how administrative acts of the City are not subject to referendums, and she responded to Council questions /comments. 3. Public Comment: Members of the public desiring to speak on this matter were called forward. The following members of the public expressed reasons for urging the City Council to put the referendum issue to a vote of the people: 1. Barry Fadem, Esq., 3527 Mount Diable Boulevard, Lafayette '2. Lynne Conde, Dexter Circle 3. Amy Ahandiu, 5729 Dexter Circle 4. Gerard Guidice, 7396 Circle Drive 5. Anita Felton, Rohnert Park 6. Jonathon Krive, Petaluma 7. Larry Esparza, 44 Verde Circle 8. Chip Worthington, 4695 Snyder Lane Other speakers were as follows: 1. Len Carlson, 349 Circulo San Blas, was recognized and expressed support for the MOU, noting that it can be renegotiated. 2. Tony Piazza, 7550 Monet Place, was recognized and expressed opposition to the referendum and the recall efforts. He urged casino opponents to let the City Council do its work. 4. Council Discussion /Action: Councilmembers shared their perspectives. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES December 9, 2003 Page(6 ) FOR THE RECORD, Councilmember Mackenzie stated that he does not feel marginalized or humiliated, and he indicated that on October 13, 2003 he had his rebuttal prepared. He also noted that he is on record as opposing the MOU. As for a casino, he indicated that his original idea was for a casino within Rohnert Park and that he is not philosophically opposed to a casino in Rohnert Park or to the Tribe operating as a sovereign nation. Per the MOU, he noted that he did not sign the referendum petition and that the MOU is not an insurance policy for the City. He stated that the Councilmembers operate under the Constitution of the State of California as elected officials and that power is reserved to the people in terms of recall, referendum and initiative. Finally, he said the referendum should be placed on the ballot at the earliest possible opportunity. Councilmember Spradlin discussed why the MOU is not the proper subject of a referendum, and she referred to the passage of Prop 1 -A. Vice Mayor Nordin stated that he has received support for making the difficult decisions, and he asked who will sit on the Council if there is no MOU and the Tribe builds a casino anyway. Mayor Flores discussed political realities and noted that the welfare of the City is more important than him being on the City Council. Resolutions for Consideration: 2003 -287 ACCEPTING AND CERTIFYING REFERENDUM PETITIONS FOR RESOLUTION NO. 2003 -233 AUTHORIZING AND APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE FEDERATED INDIANS OF GRATON RANCHERIA 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 -287 was ADOPTED. 2003 -288 MAKING FINDINGS REGARDING WHETHER MEMORANDUM OF UNDERSTANDING WITH FEDERATED INDIANS OF GRATON RANCHERIA IS A PROPER SUBJECT FOR A REFERENDUM A MOTION was made by Councilmember Mackenzie to approve Resolution No. 2003 -288 with directions for staff to strike the word "not" and make the MOU subject to a referendum. Said motion DIED FOR LACK OF A SECOND. FOR THE RECORD, Councilmember Mackenzie stated that he will vote "no" on Resolution 2003 -288 as written. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES December 9, 2003 Page(7 ) Upon MOTION by Vice Mayor Nordin, seconded by Councilmember Spradlin, and APPROVED 3 -1 -1 with Councilmember Mackenzie dissenting and Councilmember Vidak- Martinez absent, reading was waived and Resolution 2003 -288 was ADOPTED. 2003 -289 DECLINING TO SUBMIT THE MEMORANDUM OF UNDERSTANDING TO A VOTE OF THE PEOPLE BASED UPON RESOLUTION NO. 2003 -2.88 FINDING MEMORANDUM OF UNDERSTANDING IS NOT A PROPER SUBJECT FOR A REFERENDUM Upon MOTION by Vice Mayor Nordin, seconded by Councilmember Spradlin, and APPROVED 3 -1 -1 with Councilmember Mackenzie dissenting and Councilmember Vidak- Martinez absent, reading was waived and Resolution 2003 -289 was ADOPTED Councilmember Mackenzie stated that he believes the courts will take a liberal position in interpreting the law, and he noted the Council has done a disservice to the community. He also inquired when currently confidential Closed Session documents would be made public. City Attorney Strauss indicated the documents are subject to attorney - client privilege and the decision lies with the client. Council CONCURRED not to release said documents. 10. COUNCIL COMMITTEE AND /OR OTHER REPORTS: 1. Recognition of Reverend Tharpe's Annual Thanksgiving Dinner Event: Vice Mayor Nordin recognized Reverend Tharpe for his charitable efforts. Council CONCURRED to invite Reverend Tharpe to a January, 2004 City Council meeting to present him with a Certificate of Appreciation. Councilmember Mackenzie also acknowledged North Light Books for raising funds for Reverend Tharpe's annual event. 2. Water Advisory Committee, December 1, 2003 meeting: City Manager Leivo gave Council a brief update on the governance negotiations. 3. Sonoma County Transportation Authority, December 8, 2003 meeting: Councilmember Mackenzie reported on the $3 million in funding available to Sonoma County next year. 4. Other informational reports, if any: *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES December 9, 2003 Page(8 ) 11. COMMUNICATIONS: Communications per the attached outline were brought to the attention of the Councilmembers. Rohnert Park Peace Officers' Association Santa Claus Tour: Councilmember Spradlin reported that Rohnert Park peace officers will be touring Rohnert Park neighborhoods with Santa Claus, his float in tow, on December 12, 14, 17 and 19 from 5:30 to 9:30 p.m. She noted that children are welcome to greet Santa and share their wishes with him. 12. MATTERS FROM /FOR COUNCIL: 1. Mayor calling Special Meeting at 7:00 p.m., Monday, December 22, 2003 for Ceremony of City Council Officers Selections for the Year 2004: Mayor Flores ANNOUNCED said meeting and requested that each Councilmember prepare an analysis of the year and projections for the upcoming year. 2. Concurrence to cancel December 23rd Regular Concurrent meetings due to holiday: Council CONCURRED to cancel the December 23rd meeting due to the holiday. 3. Other informational items, if any: None. 13. CITY MANAGER'S REPORT: 1. Parks and Recreation Commission Work Session, Monday, December 1, 2003 regarding role and scope of duties: City Manager Leivo shared. the contents of the Staff Report and responded to Council inquiries about the Commission's role in fundraising. 2. Other informational items, if any: Rohnert Park Expressway median project partnership: City Manager Leivo acknowledged the efforts of the Rotary Club of Rohnert Park - Cotati, the Sonoma County Water Agency, and the City Public Works Department. He referred Council to his letter regarding the water -wise land project, and Council CONCURRED with his recommendation to send said letter to all Rohnert Park water customers. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES December 9, 2003 Page(9 ) 14. 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. A. APPROVAL OF CONCURRENT MEETING MINUTES FOR: REGULAR CONCURRENT CITY MEETINGS - NOVEMBER 25, 2003 B. APPROVAL OF BILLS /DEMANDS FOR PAYMENT CONCURRENTLY FOR: CITY OF ROHNERT PARK /CITY COUNCIL IN THE AMOUNT OF $648,205.95 COMMUNITY DEVELOPMENT COMMISSION IN THE AMOUNT OF: No CDC bills. C. ACCEPTING CASH /INVESTMENTS REPORT FOR MONTH END, AUGUST 31, 2003 CONCURRENTLY FOR: CITY OF ROHNERT PARK /CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION ROHNERT PARK FINANCING AUTHORITY D. RESOLUTIONS FOR ADOPTION: 2003 -291 ENDORSING BURBANK HOUSING SONOMA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION 2003 -292 ENDORSING THE COMMITTEE ON THE SHELTERLESS (COTS) SONOMA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION 2003 -293 ENDORSING THE SONOMA COUNTY ADULT AND YOUTH DEVELOPMENT (SCAYD) SONOMA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION FOR CDBG FUNDING FOR HOMELESS PREVENTION SERVICES 2003 -294 ENDORSING REBUILDING TOGETHER ROHNERT PARK- COTATI SONOMA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION 2003 -295 ENDORSING THE ROHNERT PARK BOYS AND GIRLS CLUB SONOMA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION 2003 -296 REVISING ANIMAL SHELTER FEES 2003 -297 AUTHORIZING THE SALE AND /OR DISPOSAL OF MISCELLANEOUS SURPLUS EQUIPMENT AND VEHICLES THROUGHOUT FISCAL YEARS 2003 -2004 AND 2004 -2005 *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES December 9, 2003 Page(10) 2003 -298 APPROVAL OF TASK ORDER NO. 2003 -17 WITH WINZLER & KELLY ENGINEERS FOR CONSTRUCTION MANAGEMENT SERVICES, BENICIA POOL FILTER REPLACEMENT PROJECT NO. 2003 -08 2003 -299 AWARD OF CONTRACT FOR THE 2003 TRAFFIC SIGNAL MAINTENANCE PROGRAM 2003 -300 APPROVAL OF LETTER PROPOSAL FROM W -TRANS FOR THE TRAFFIC- CALMING PHASE 1 PROJECT 2003 -301 AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT AND AMENDMENTS WITH CALTRANS FOR FEDERAL AND STATE FUNDING FOR TRANSPORTATION PROJECTS Upon MOTION by Councilmember Mackenzie, seconded by Councilmember Spradlin, the Consent Calendar, as outlined in the agenda, was APPROVED 4 -0 -1 with Councilmember Vidak- Martinez absent. 15. PUBLIC COMMENT: Members of the public desiring to speak were invited to come forward. 1. Chip Worthington, 4695 Snyder Lane, was recognized and made his second request for documents per the California Public Records Act. He noted that he is concerned about gaps in the casino - related documents he has already received. Furthermore, he noted: "Please provide the above records as soon as possible. The.Cal fornia Public Records Act requires that, at the latest, Rohnert Park determine within ten (10) days whether Rohnert Park will comply.with this request and inform me immediately upon making its determination. If Rohnert Park decides to deny this request, please cite the statutory grounds for the denial. Further, please segregate any records Rohnert Park determines are exempt and provide the remainder and the reasons for not providing all of the responsive records. Please notify me [sic] the estimated cost for the duplication of these records." Said request was SUBMITTED to City Manger Leivo and ATTACHED TO THE ORIGINAL SET OF MINUTES. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES December 9, 2003 Page(11) ADJOURNMENT: There being no further business, Mayor Flores ADJOURNED the meeting at approximately 9:55 p.m. a eonard Certified Shorthand Reporter CSR No. 11599 Armando Flores Mayor City of Rohnert Park *City Council /Community Development Commission/ Rohnert Park Financing Authority RECEIVED -Ain ;v;d V;der-f Council: X� DEC 0 9 2003 Miscellaneous Communications Agenda December 5, 2003 CITY OF ROHNER'T PARK Copy to: GODY to: Mr. Armando Flores City of Rohnert Park 6750 Commerce Blvd. Rohnert Park, CA 94928 RE: CALIFORNIA PUBLIC RECORDS ACT — 2D REQUEST Dear Mr. Flores: I am submitting a Second Request to the City of Rohnert Park, pursuant to the California Public Records Act, for copies of the following records: * 2. 3 Gl Again, request all city communications, exchanges of information and documents from I Jan 2003 to the date of this letter pertaining to the latest acquisition of the 360 acre site casino resort site on Stony Point, Rohnert Park casino, Sears Point gaming site, Stony Point and Rohnert Park Casino site, Indian gaming, and gaming in general. Received some notes and communications pertaining to Councilman Jake McKenzie and City Manager Carl Leivo, but nothing from Mayor Armando Flores, Councilman Greg Nordin, Councilwoman Amy Spradlin and Councilwoman Vicki Vidak- Martinez. Request all city communications exchanges of information, and documents from I Jan 2003 to the date of this letter between any Rohnert Park city council member, employee or City Office and Station Casinos, Kenwood Investments, Mr. Stuart Sunshine, Mr. Nick Tibbets, Nicholas R. Tibbets and Associates, Indian Gaming Regulatory Commission, Mr. Jimmy Rodgers, Mr. Greg Sarris, Ms. Valerie Brown, Mr. Mike Kerns, Mr. Mike Thompson, Ms. Gale Norton, Mr. Bill Scott, Ms. Lorelle Ross, Ms. Jeanette Anglin, Senator Feinstein, Representative Boxer, and Representative Woolsey concerning the proposed Rohnert Park casino and its site. Request all city communications and documents concerning the email from Blumacjazz sent Thursday, June 19, 2003 9:57 am to city council members and city officials. Request all notes and documents pertaining to the meeting and drive over to the northwest area that included Mr. Leivo, Mr. Wallace of Kenwood Investments, and Mr. Flores. (See attached.) Request all city communications and documents /notes /emails of all meetings held between any groups of the following: Mr. Armando Flores, Mr. Carl Leivo, Mr. Jimmy Rodgers, any member of the Graton Rancheria, Station Casinos during the period June thru September 2003. December 5, 2003 Page 2 of 2 5. Request all city communications, exchanges of information and documents /notes /emails for the period 1 May 2003 to the date of this letter from all city council members, especially the advisory group /negotiating team of Mr. Flores and Ms. Vidak- Martinez, and city staff concerning meetings /discussions/comments about the development of the Memorandum Of Understanding with the Graton Rancheria. Information should include dates of meetings, attendees, and negotiations /discussions. 6. Request all city communications and documents/notes/emails pertaining to the email dated Wednesday, September 24, 2003 from Ms. Judy Hauffto Mary Anne Sapio, Washington D. C. (See attached.) Please provide the above records as soon as possible. The California Public Records Act requires that, at the latest - ohnert Park -dd-&— i e�vithin- ten- {10)._d_ays whether Rohnert Park vd1- cornply-with- this - request and inform me immediately upon making- it&_-- �le rmination_ If Rohnert Park decides to deny this request, please cite the statutory---� grounds for the denial. Further, please segregate any records Rohnert Park determines are exempt and provide the remainder and the reasons for not providing all of the responsive co': ds. Please notify me the estimated cost for the duplication oftheseb[recoF. - -� Should. y ou have any questions regarding the specific data sought by this request, please contact me. Thank you for your cooperation. Sincerely, Chip Wort - gton 7954674 (home) 584 -5673 (work) * Records, as used in this request, includes all documents, correspondence, agency guidelines and policies, memoranda, agency Memoranda of Understanding, notices, comments and responses to comments, biological, scientific and other studies, reports, environmental analyses, surveys, timelines, charts, graphs, maps, analyses, data, meeting minutes and agenda, distribution lists, notes and transcripts of meetings and conversations, and any other relevant information, whether in hard copy or electronic /computer format. §§ Gov't. Code 6253, subd. (b); 6252, subd. (f).