2004/03/29 City Council Minutes18%02 10:3d k'di LUi: 41yIUO,'J/f� �ri�/G�y /1/ /^i�LG/ /�r�iitr JLl�il+r{aJ ♦a •x•••90+•• .
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Memorandum
To: Regional Directors and Agency
Thrpugh: Deputy Assistant Secretary - roc'
From: Deputy Commissioner of hidiari
Dep. Reg Dir
`W....i, vvi
Route // d
Respon.-;ea .eqi fired_,.
Due Date
_`Memo Ltr
a. �1C
Subject: Processing of Mandatory Lands Into Trust Applications
Thi emorandurn addresses how BIA realty staff should process mandatoa land into trust
applications. A determnation that a statute is mandatory is made on a case by case basis. No clear
definition of a mandatory statute currently exists However, in order for a statute; to be co
mandatory, the statutory language must include some restrictions on the Secretary's discretion d3.
addition to the word "sha�1." The Regional/Field Solicitor's office should issue a written
determination that a state is mandatory before the Bureau processes the application as &mandatory
r,�quisitien. .
Once a determination is made that a statute is mandatory, certain provisions of the Part 151
regulations do not apply to the processing of the application. Most notably, the notice and c2 ertt
T of 25 CI�R 151.10, whe tie agency notifies the local governments of the Tribe's
application is not applicable and compliance with the National Environmental Policy Act (NEPA)
=:2 U.S.C. §X321 ez. seq.. is not mcu,r4d.
I pLn a mandatory trust acquisition, you must still comply with the remaining relevant
porthe Part 151 regulations. 'n, e first requirement is that the Tribe submit a request in
wri.the land be placed in trust. T?e Tribe's resolution requesting that the land. be taken into
st cite the specific statuto at�thQri inandatin t'he • on. Even though N—EFk
compliance is not requir , e iA must rnn�cr a contaminant survey on the lands robe acquire
to ensure that no hazardous materials exist. 602 DM 2. The Bureau must also examine the title
ry ra�y,e +4+-v .2nrn"]; - -% -- -,ith the T-T,-riF, rtLynent of rnerij-o' c Title- gtaTidards. 25 CF'R 15 1, 13
Even though an acquisition is mandated, the Department of Justice requires that lands to be acquired
by 14e United States be free ffQm liens and encumbrances.
er t e contaminant survey aria title review are completed, the Regional Director or delegated
official should notify the Tribe of the approval of its request and that notice must contain the appeal
, 1&i 02 10:38 F:A.X 10Z Ylb 'U00 tCLjL L^J -1j1L' ac.RYl4c.a -, j a�.il l-i cora•a..�••v 'o+••••r• ••••a,
provisions of Part 2 of the zegulations. After the Part 2 appeal period has run (30 days) and if im
appeal is filed, the Regional Director or delegated official must publish notice i-t the local newspaper
of the decision to take the land into trust, pursuant to 151.12(b). That notice ?oust state that a final
agency de cTmination. has been made to take the land into trust and that the Secretary shall acquire
title to the land no sootier than 30 days after the notice is published. 25 CFR 151.12(b). (Note: U
the Assistant Secretary - Indian Affairs issues the decision to take land into trust, that decision is
final for the Department (unless provided for otherwise in the decision), and no Part 2 appeal process
is provided. After the AS-IA's decision is issued, the notice. of final agency action is published in .
the FEDERAL REGISTER pursuant to 25 CFR 151.12(b)).
Any questions concerning the processing of mandatory applications should be d =ted to the Office
of Trust Responsibilities, Central Office, (202) 208 -5831.
CITY OF ROHNERT PARK CITY COUNCIL
SPECIAL MEETING
March 9, 2004
Tuesday
The City Council of the City of Rohnert Park met this date
for a Special Meeting to commence at 5:30 p.m. at the
Rohnert Park City Hall Council Chambers, 6750 Commerce
Boulevard, Rohnert Park, with Mayor Nordin presiding.
CALL TO ORDER:
Mayor Nordin CALLED the Special Meeting to order at
5:30 p.m.
ROLL CALL:
Present: (5) Councilmembers Flores, Mackenzie and
Vidak- Martinez; Vice Mayor Spradlin;
and Mayor Nordin
Absent: (0) None
Staff present for all or part of the Special Meeting:
City Manager Leivo, Assistant City Manager Donley, Finance
Director Lipitz, Interim City Attorney Whelan, and Civil
Engineer Jenkins.
UNSCHEDULED PUBLIC APPEARANCES:
Mayor Nordin called forward members of the public desiring
to speak. No members of the public responded.
ITEMS FOR DISCUSSION AND /OR DIRECTION:
WORK SESSION for BUDGET MATTERS:
Operating and Capital Budgeting Policies
Assistant City Manager Donley DISTRIBUTED AND REVIEWED
Budget Policy Implementation documents and Service Ranking
and Prioritization Worksheets. Staff also reviewed the
Capital Improvement Program and asked for Council input and
ideas on all of the above- listed matters.
*City Council
City of Rohnert Park *SPECIAL MEETING MINUTES
March 9, 2004 Page (2)
Highlights of the Council discussion included the following
comments /suggestions /questions:
*Interest in a fee program; Desire for indication of
projections
*Suggestion that the fees go up and down with the
temperature /season
*Like the listing with the indication of contractual
responsibilities
*Preference to see a breakdown in services like
Youth & Family
*With construction of the *'RAG Green Center. at Sonoma
State University, more consideration will go to
* the Performing Arts Center
*Can we maintain services without major reductions?
*Concern about upcoming negotiation of employees'
contracts - may exacerbate situation
*Do not duplicate programs in the Service Ranking
Worksheet
*Closer consideration of maintenance expenditures for
Parks and Recreation Department
*Need to consider issues of liability with reduced
maintenance
*No desire to decrease Public Safety and Fire - Services
*Medical benefits will be a major expense to City
*Interest in partnerships with businesses, i.e. business
sponsorships of youth teams
*Youth rates vs. Senior rates
*1 & 2 CORRECTIONS ABOVE from 3/23/04 City Council meeting: Per Council*ember Vidak - Martinez
(deletions lined out /additions underlined)
Staff responded to Council inquiries, and Council CONCURRED
to provide staff with their completed Service Ranking
Worksheets one week from today. Staff indicated that they
would then take the Council worksheets and coordinate the
budget priorities for discussion at the Budget Work Session
on March 23, 2004,
ADJOURNMENT:
There being no further business, Mayor Nordin ADJOURNED the
meeting at 6:23 p.m.
Kat Leonard G ory Nordin
Certified Shorthand Reporter Mayor
CSR No. 11599 City of Rohnert Park
*City Council
CITY OF ROHNERT PARK CONCURRENT MEETINGS MINUTES for:
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
ROHNERT PARK FINANCING AUTHORITY
March 9, 2004
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
6:30 p.m. at the Rohnert Park City Hall Council Chambers,
6750 Commerce Boulevard, Rohnert Park, with Mayor Nordin
presiding.
CALL TO ORDER:
Mayor Nordin CALLED the Regular Session to order at
6:30 p.m.
ROLL CALL:
Present: (5) Councilmembers Flores, Mackenzie and
Vidak- Martinez; Vice Mayor Spradlin;
and Mayor Nordin
Absent: (0) None
Staff present for all or part of the Regular Session:
City Manager Leivo, Interim City Attorney Whelan,
Assistant City Manager Donley, Finance Director Lipitz,
and Director Public Safety Bullard.
ADJOURN TO CLOSED SESSION TO CONSIDER:
Mayor Nordin adjourned Council to Closed Session at
6:30 p.m. to consider Personnel Matters and Real Estate
Negotiations.
REGULAR SESSION: Mayor Nordin reconvened Regular Session
at 7:35 p.m. and led the pledge of
allegiance.
1. MAYOR'S REPORT ON CLOSED SESSION:
Mayor Nordin indicated that there was nothing to report
for Closed Session.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
March 9, 2004 Page(2 )
2. SCHEDULED APPEARANCES /PRESENTATIONS:
1. Recognition of Commendation to Public Safety Officer
William Lawrence from Attorney General Bill Lockyer -
Presentation of the "Police Officer Certificate of
Commendation - Outstanding Performance" for his work
as the department's Child Abuse /Sexual Assault
Detective: Mayor Nordin READ AND PRESENTED Officer
Lawrence's Certificate of Commendation, and Officer
Lawrence thanked the Council. Director Public
Safety Bullard and Public Safety Lieutenant Dan
Murray were also present.
2. Recognition of CourseCo, Inc., Golf Course Management
and Development, with President Tom Isaak for:
Receiving the Governor's Environmental and Economic
Leadership Award for Sustainable Practices,
"California's highest and most prestigious
environmental honor"
and
Foxtail Golf Club in Rohnert Park being named as one
of the top five Renovation of the Year finalists by
Golf Inc. Magazine
Mayor Nordin acknowledged CourseCo's achievements
and Council thanked Mr. Isaac for his exceptional
efforts with the project and with the community.
Mr. Isaac and CourseCo representatives shared a
brief film about the Governor's award.
3. Kecia Kaiser of SCAYD (Sonoma County Adult & Youth
Development) introducing High School Youths Anel
Guzman, Sandra Merino and Michelle Chavez for
presentation on plans and goals of the Environmental
Prevention Coalition (EPC): Mayor Nordin stated that
this item will be DEFERRED to the next Council
meeting.
3. UNSCHEDULED PUBLIC APPEARANCES /COMMENTS:
1. Steve Bosshard, 5769 Dexter Circle, was recognized and
expressed concerns about toxic waste on a piece of land
that was once known as the Navy's Cotati Outer Landing
Field, which has been identified by the Department of
Defense as being contaminated. He indicated that future
speakers will present documents regarding this matter,
and he reiterated his opposition to the casino in
light of this waste being in the vicinity.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
March 9, 2004 Page(3 )
2. Linda Lamb, 5734 Dexter Circle, was recognized and
gave Council an update on the recall campaigns for
Councilmember Flores and Vice Mayor Spradlin. She
indicated that citizens will no longer support
having the big developers run this city, and she
stated that Councilmembers who have failed to
listen to the people will be replaced by people
with integrity. Councilmember Flores commented on
paid solicitors and on Renn Vara's loss to Lynn
Woolsey.
3. Kenneth Lamb, 5734 Dexter Circle, was recognized and
expressed his opposition to the casino in terms of
its adverse and negative impacts on the community.
He indicated that the construction of the casino is
all about money, and he asked the Council if they
want their political legacy to be a casino.
4. Larry Esparza, 44 Verde Circle, was recognized and
acknowledged the recall efforts for Councilmember
Flores and Vice Mayor Spradlin. He commended Renn
Vara for standing up for the people in his campaign,
and he indicated that he disagrees with the writer
of "The Coffee Grounds." Councilmember Flores stated
that the welfare of the City is more important than
the risk of being recalled, and Vice Mayor Spradlin
indicated that she felt no shame or disgrace in voting
for the MOU and doing what was right for the City.
5. Chip Worthington, 4695 Snyder Lane, was recognized and
thanked everyone who worked on the recall campaigns for
Councilmember Flores and Vice Mayor Spradlin. He
discussed how the proposed casino site is a potential
toxic waste site. He read from a U.S. Department of
Interior document about this site, and he SUBMITTED
said documents, ATTACHED TO THE ORIGINAL SET OF
MINUTES, to Interim City Attorney Whelan. He urged
Council to conduct a toxic investigation and protect
its citizens.
4. STUDENT REPORTS:
SSU - Sonoma State University Associated Students,
Inc., Jennifer Wong, Vice President, Legislative
Representative: Ms. Wong discussed budget matters at
SSU, the recent registration of 460 new voters, the
reduction in full -time students, and upcoming
events /performances at SSU.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
March 9, 2004 Page(4 )
5. PLANNING COMMISSION:
Consideration of accepting resignation from Commissioner
with a two -year term to expire December 31, 2004:
Council action accepting resignation from Kelsey
Moldenke: At the request of Councilmember Mackenzie,
Council DIRECTED STAFF to prepare a letter over the
Mavnr c ci n »nom „r TR..- Ax--1 1___l__
r ^c�ogiliZ-Lily 1`'11. 1"1V1UCil1t� 6 �eivlce
to the community. Councilmember Mackenzie REQUESTED
that people with technical backgrounds apply for the
opening on the Planning Commission.
6. PRESENTATION OF 2002 -2003 COMPREHENSIVE ANNUAL FINANCIAL
REPORTS BY EXTERNAL AUDITORS MACIAS, GINI & COMPANY:
City Council acceptance concurrently for:
*CITY OF ROHNERT PARK Comprehensive Annual Report and
Management Letter
*COMMUNITY DEVELOPMENT COMMISSION Independent Auditor's
Reports
*ROHNERT PARK FINANCING AUTHORITY Independent Auditor's
Reports
*ROHNERT PARK HOUSING FINANCING AUTHORITY Independent
Auditor's Reports
City Manager Leivo and Finance Director Lipitz commented
on the reports, and Linda Hurley from Macias, Gini &
Company shared highlights of the documents and responded
to Council questions. Upon MOTION by Councilmember
Mackenzie, seconded by Vice Mayor Spradlin, a motion was
made (1) To accept the reports with staff's response to
concerns in the management letter, and (2) To agendize a
review of the final management letter for the next
Council meeting. Said motion was UNANIMOUSLY APPROVED.
7. COMMUNITY DEVELOPMENT COMMISSION MATTER:
*Economic Development Committee Report
* Rohnert Park Chamber of Commerce
Consideration of Cooperation Agreement with the Rohnert
Park Chamber of Commerce for the purpose of providing
economic development services:
1. Staff Report: City Manager Leivo had Councilmembers
Vidak- Martinez and Flores share the contents of the
Staff Report.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
March 9, 2004 Page(5 )
Council Motion /Discussion /Vote:
Council commended Ms. Carla Howell of the Chamber of
Commerce for her efforts in working with Council and
staff to bring the small business development workshops
to the City. Ms. Howell shared brief comments on past
participation in said workshops.
CDC Resolution for consideration:
2004 -04 AUTHORIZING AND APPROVING A COOPERATION AGREEMENT
WITH THE ROHNERT PARK CHAMBER OF COMMERCE TO
PROVIDE ECONOMIC DEVELOPMENT SERVICES
Upon MOTION by Councilmember Vidak- Martinez, seconded by
Councilmember Mackenzie, and UNANIMOUSLY APPROVED, reading
was waived and CDC Resolution 2004 -04 was ADOPTED.
8. CITY MANAGER'S CONTRACT:
Consideration of Amendment No. One to the Employment
Agreement for Services of a City Manager:
1. Staff Report: City Manager Leivo shared the contents
of the Staff Report.
Council Motion /Discussion /Vote:
Resolution for consideration:
2004 -47 APPROVING AMENDMENT NO. ONE TO THE EMPLOYMENT
AGREEMENT FOR SERVICES OF A CITY MANAGER WITH
CARL ERIC LEIVO
Council discussion concluded, and, upon MOTION by
Councilmember Flores, seconded by Vice Mayor Spradlin,
and APPROVED 3 -2 with Councilmembers Mackenzie and
Vidak- Martinez dissenting, reading was waived and
Resolution 2004 -47 was ADOPTED with the following
amendments: 1) Term of the agreement shall be extended
to March 17, 2007; and 2) Approval of the element of
Option No.1 for mileage reimbursement.
9. COUNCIL COMMITTEE AND /OR OTHER REPORTS:
1. Water Advisory Committee (WAC), March 1, 2004
meeting: Councilmember Mackenzie discussed
conflicts regarding the Wetlands Mitigation
Bank Board meeting.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
March 9, 2004 Page(6 )
2. Other informational reports, if any:
a. Sonoma County Waste Management Agency meeting:
Councilmember Mackenzie discussed the
Incremental Wastewater program and other
wastewater issues.
b. SMART: Councilmember Mackenzie reported that
the March 17 meeting has been changed to March 24.
He indicated that railroad right of way will be
discussed.
c. Sonoma County Agricultural & Open Space District
meeting: Councilmember Mackenzie indicated that
said meeting has been postponed until the first
week in April.
10. COMMUNICATIONS:
Communications per the attached outline were brought to
the Council's attention. No communications were discussed.
11. MATTERS FROM /FOR COUNCIL:
1. Schedule of Events and Meetings: City Manager Leivo
called Council attention to the following matters:
1) Employee Appreciation Event, March 26; 2) Event
to honor City's commissioners, proposed date of
April 2 at the PAC; 3) Rebuilding Together, April 24;
and 4) Efforts underway to set up a joint meeting of
Mayors' & Councilmembers' Association of Sonoma
County and Sonoma County school district boards of
trustees. Councilmembers reviewed the "Upcoming
Events" document and discussed their plans to attend
said events, as noted on City Manager Leivo's copy.
City Manager Leivo indicated that he would report
back to Council on tomorrow's National Indian Gamina
Commission's environmental meeting. ✓
2. City Council Agenda Forecast: Staff provided an
update on Water Issues at the request of
Councilmember Mackenzie, who was unable to attend the
last Council meeting. Councilmembers expressed a
desire to continue to receive the Agenda Forecasts
and they INDICATED that they would like to receive
monthly reports from the departments. Councilmember
Vidak- Martinez CLARIFIED that she had requested the
Neighborhood Enforcement Team (NET) report from
Director Public Safety Bullard and not as an item in
the City Manager's Report.
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
March 9, 2004 Page(7 )
3. Other informational items, if any: None.
12. CITY MANAGER'S REPORT:
Informational items, if any: None.
***************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
13. CONSENT CALENDAR:
Mayor Nordin 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:
SPECIAL MEETING BUDGET WORK SESSION - FEBRUARY 24, 2004
REGULAR CONCURRENT CITY MEETINGS - FEBRUARY 24, 2004
B. APPROVAL OF BILLS /DEMANDS FOR PAYMENT CONCURRENTLY FOR:
CITY OF ROHNERT PARK /CITY COUNCIL IN THE AMOUNT OF
$744,018.76
COMMUNITY DEVELOPMENT COMMISSION IN THE AMOUNT OF:
$30,691.70
C. RESOLUTIONS FOR ADOPTION:
2004 -48 AUTHORIZING AND APPROVING AN AGREEMENT WITH
SHARP INSPECTION GROUP FOR METER INSPECTION
SERVICES
2004 -49 APPROVAL OF AMENDMENT NO. 2 WITH BRELJE AND
RACE CONSULTING ENGINEERS FOR WATER MODEL STUDY
PHASE 2 PROJECT NO. 2003 -05
2004 -50 ACCEPTING COMPLETION AND DIRECTING THE CITY
ENGINEER TO FILE NOTICE OF COMPLETION FOR
SIDEWALK ACCESS RAMPS PHASE III PROJECT
NO. 2003 -06
2004 -51 AUTHORIZING AND APPROVING A COMMUNICATIONS SITE
LEASE AGREEMENT WITH SPRINT PCS FOR THE PURPOSE
OF PROVIDING WIRELESS TELECOMMUNICATION SERVICES
2004 -52 REJECTING THE CLAIM OF ROBERT FOEHR RE ALLEGED
DAMAGE TO HOME FROM POLICE ACTION
2004 -53 AUTHORIZING AND APPROVING AN AGREEMENT FOR
PROFESSIONAL SERVICES WITH AMERICAN MEDICAL
RESPONSE TO CONDUCT BLOOD DRAW SERVICES
*City Council /Community Development Commission/
Rohnert Park Financing Authority
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
March 9, 2004 Page(8 )
2004 -54 AUTHORIZING AND APPROVING AN AGREEMENT FOR SPECIAL
SERVICES WITH THE LAW FIRM OF LIEBERT CASSIDY
WHITMORE TO PROVIDE LEGAL SERVICES PERTAINING TO
EMPLOYMENT RELATIONS MATTERS
D. APPROVING EDUCATION FOUNDATION OF COTATI AND ROHNERT
PARK REQUEST FOR WAIVER OF FEES FOR USE OF ROHNERT PARK
COMMUNITY CENTER FOR ITS 18TH ANNUAL "SHARING OF THE
GREEN AUCTION" ON SATURDAY, MARCH 13, 2004
Upon MOTION by Councilmember Vidak- Martinez, seconded by
Councilmember Flores, the Consent Calendar, as outlined
in the agenda, was UNANIMOUSLY APPROVED.
***************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
14. 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 Nordin ADJOURNED the
meeting at approximately 9:13 p.m.
Katy Leonard
Certified Shorthand Reporter
CSR No. 11599
Mayor
of Rohnert
*City Council /Community Development Commission/
Rohnert Park Financing Authority