2003/10/14 City Council Resolution (2)RESOLUTION NO. 2003 -233
A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING A MEMORANDUM OF UNDERSTANDING WITH
THE FEDERATED INDIANS OF THE GRATON RANCHERIA
WHEREAS, the Federated Indians of the Graton Rancheria (FIGR) is comprised of
Coast Miwok and Southern Pomo Indians whose aboriginal territory includes Marin and Sonoma
Counties, California; and
WHEREAS, in 2000, Congress restored the federal government's government -to-
government relationship with the FIGR pursuant to the Restoration Act; and
WHEREAS, since the disestablishment of the Graton Rancheria reservation and the
dispersal of the lands located therein in the 1960s, the Tribe has been landless and in need of a
reservation to conduct Tribal and economic development activities for the benefit of the Tribe and
its members; and
WHEREAS, the Restoration Act provides that the Secretary of the Interior, on behalf of
the Tribe, shall accept trust title to land in Marin County or Sonoma County, that such land shall
be the Tribe's reservation, and that Marin and Sonoma Counties shall be the Tribe's designated
"service area "; and
WHEREAS, after substantial consultation with the County of Sonoma, California, the
Tribe has identified a site which would be suitable for the Tribe's replacement reservation, which
Property is located adjacent to the boundaries of the City and within the unincorporated area of
Sonoma County; and
WHEREAS, the Tribe intends to use its Reservation for, among other things,
construction and operation of a gaming enterprise and resort facility (the Project); and
. WHEREAS, the City recognizes and acknowledges that the site is located outside the
boundaries of the City and therefore the City has no authority to exercise jurisdiction over the
Reservation or the Project; and
WHEREAS, the City recognizes that through the Restoration Act Congress has required
the Secretary of the Interior to accept trust title to any land acquired by the Tribe in Marin or
Sonoma Counties, and the City further recognizes that the Secretary's mandatory duty to acquire
such trust title effectively eliminates the ability of the City to have an impact on the question of
where the Tribe's Reservation or gaming facility will be located; and
WHEREAS, the Tribe intends to establish a cooperative and mutually respectful
government -to- government relationship with the City with respect to impacts that may be
associated with the Project and other governmental issues of mutual interest to the City and
FIGR; and
Resolution No. 2003 -233
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Resolution 2003 -233
WHEREAS, the Tribe is committed to entering into a voluntary contractual arrangement
with the City pursuant to which the Tribe agrees to make certain contributions and community
investments to mitigate various impacts that may arise in connection with the Project; and
WHEREAS, representatives of the City including an Ad Hoc Committee of the City
Council and representatives of the FIGR have conducted negotiations and drafted a Non- Binding
Preliminary Term Sheet and a proposed Memorandum of Understanding (MOU); and
WHEREAS, copies of the Non - Binding Preliminary Term Sheet and the proposed MOU
have been made available to the public and press and the Project and proposed terms have been
the subject of many media articles and reports; and
WHEREAS, the City Council has published meeting notices and listened to testimony
from all citizens wishing to speak regarding the Project, proposed terms and MOU during
regularly scheduled and special City Council meetings on August 26, 2003, August 27, 2003,
September 10, 2003, September 23, 2003, and October 14, 2003; and
WHEREAS, but for this MOU, the City would not otherwise receive contributions for
potential impacts of the Project; and
WHEREAS, the City acknowledges that the contributions and investments to be made by
the Tribe and the other covenants made by the Tribe as set forth in the MOU are intended to be
sufficient to mitigate the impacts of the Project on the City; and
WHEREAS, the purpose of this MOU is to set forth the understandings of the Tribe and
the City on the topics expressly set forth in this MOU.
BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby
authorize and approve a Memorandum of Understanding by and between the City of Rohnert
Park and the Federated Indians of the Graton Rancheria, a federally recognized Indian tribe.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to execute same for and on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED this 14th day of October , 2003.
ATTEST:
M"1
rT'ry OF ROHNERT PARK
MACKENZIE: NO NORDIN: AYE SPRADLIN: AYE VIDAK- MARTINEZ: AYE FLORES: AYE
ABSTAIN: (0)
AYES: (4) NOES: (1) ABSENT: (0)
Resolution No. 2003 -234
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2. That Council authorizes and approves use of Local Law Enforcement Block Grant funds in
the amount of $17,389 to purchase Equipment, Software, and Installation of Mobile Data
Computers for Two Patrol Vehicles to improve Department of Public Safety services to the
community;
3. The City Manager is hereby authorized to expend the grant funds to acquire the above
listed equipment and directed to take any other actions necessary to fully comply with
grant requirements and City policies.
DULY AND REGULARLY ADOPTED this 14th day of October, 2003
CITY OF ROHNERT PARK
Mayor
9W
MACKENZIE: AYE NORDIN: AYE SPRADLIN: AYE
AYES: (4) NOES: (0) ABSENT:
VIDAK- MARTINEZ: ABSENT FLORES: AYE
1 ABSTAIN: (0)