2003/12/09 City Council Resolution (2)RESOLUTION NO. 2003- 288
A Resolution of the City Council of the City of Rohnert Park
Making Findings Regarding Whether Memorandum of Understanding with
Federated Indians of the Graton Rancheria adopted by Resolution No. 2003 -233
is a Proper Subject for a Referendum
WHEREAS, a petition protesting the adoption of Resolution No. 2003 -233, and
circulated by a persons who are a registered votes in the City of Rohnert Park was
submitted to the City Clerk on November 10, 2003; and
WHEREAS, the petition was submitted within thirty (30) days of the adoption of
Resolution No. 2003 -233; and
WHEREAS, the Registrar of Voters of Sonoma County examined the petition to
verify the signatures and, on November 24, 2003 concluded that the petition was signed
by not less than ten (10) percent of the voters of the City of Rohnert Park, and
WHEREAS, Elections Code section 9114 requires the Elections Official of the
City of Rohnert Park to certify the results of the Registrar of Voters' examination to the
City Council at its next regular meeting; and
WHEREAS; the City Manager, acting as the Ections o the CityOCouncil;aandovided a
written certification of the results of the examination t
WHEREAS, the City Council has received the certification of the Elections
Official by the adoption of Resolution No. 2003 -287.
NOW, THEREFORE, the City Council of the City of Rohnert Park does hereby resolve
that Resolution No. 2003 -233 Authorizing and Approving a Memorandum of
Understanding with the Federated Indians icle II section 8 of the Californna Const tution for
referendum within the meaning of Art
the following reasons:
wer
1. Article II, section 9 of the California Constitution ithepower of the electorpeople o ppro�e or
to initiate a referendum. The referendum
reject statutes or parts of statutes except urgency statutes, statutes calling
elections, and statutes providing for tax levies or appropriations for usual current
expenses of the State.
the
2. Resolution No. 2003 -233 approving the Memorandum of Understanding subject t the
Federated Indians of the Graton Rancheria is not a legislative a
referendum power in that (a) it neither approves or disapproves the develop noe her ment
of a casino on property outside the City's urban growth bound (b)
Resolution No. 2003-288
(Page 2 of 2)
provides nor refuses to provide municipal services to the casino; (c) the Federated
Indians of the Graton Rancheria will contribute funds to public improvements
included within the City's General Plan; (d) in adopting the Memorandum of
Understanding, the City Council exercised no judgment or wisdom about the
propriety of the casino on property outside the City's urban growth boundary; (e)
Proposition 1 A, adopted by the voters of the State of California in 2000, was the
legislative act that authorized Indian tribes to conduct gaming on tribal lands in
California.
3. Resolution No. 2003 -233 approving the Memorandum subject to referendum pu sua to
Federated Indians of the Graton Rancher a not J
to Article 11, section 9, because the Resolution was adopted to provide for the
usual and current expenses of the City in that the Memorandum of Understanding for t
is a grant of funds, in the approximate amount of $10 million p year
years to address the impacts of the casino on the City of Rohnert Park, the Cotati-
Rohnert Park Unified School District, and certain socio- economic challenges.
Ten million dollars per year equals approximately one -third of the City's current
budget.
DTJT,y AND REGULARLY ADOPTED this 9th day ITY OF ROIHNERT PARK
ATTEST:
Deputy City Clerk
[ayor
lyIACKENZIE: NO NORDIN: AYE NOES: SpRADLIN: SENT: (lIDAK ABSTAIN- �F. ) ENT FLORES: AYE
AYES: (3)