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August 7, 2006
CITY OF PETALUMA, CALIFORNIA
AGENDA BILL
Agenda Title: Discussion and Action Regarding Submission to the
Meeting Date: August 7, 2006
Qualified Electors of the City of an Advisory Measure Concerning
Opposition to Proposed Gaming on Approximately 277 Acres of
Land Located South of the City Between Highway 101 and the
Meeting Time: ❑ 3:00 PM
Petaluma River Opposite Kastania Road at the General Municipal
® 7:00 PM
Election to be Held on Tuesday, November 7, 2006
Category (check one): ❑ Consent Calendar ❑ Public Hearing ❑ New Business
® Unfinisbed Business ❑ Presentation
Department:
Director:
Contact Person:
Phone Number:
City Attorney
Eric Danly
Eric Danly
545-8009
Cost of Proposal: Reimbursement of costs incurred by the County
Account Number: N/A
by reason of the advisory measure.
Name of Fund: N/A
Amount Budgeted: $0
Attachments to Agenda Packet Item:
1. Resolution of the City Council of the City of Petaluma, California, Amending Resolution No. 2006-
135 N.C.S. Adopted July 17, 2006, and Ordering the Submission to the Qualified Electors of the
City of a Certain Advisory Measure Concerning Opposition to Proposed Gaming on Approximately
277 Acres of Land Located South of the City of Petaluma Between Highway 101 and the Petaluma
River Opposite Kastania Road at the General Municipal Election to be held on Tuesday, November
7, 2006, and Requesting the Sonoma County Board of Supervisors to Consolidate said Election with
the November 7, 2006 Statewide General Election.
2. Resolution of the City Council of the City of Petaluma, California, Amending Resolution No. 2006-
136 N.C.S. Adopted July 17, 2006, and Providing for the Filing of Arguments for Advisory Measure
Submitted at the November 7, 2006 Consolidated General Election and Directing the City Attorney
to Prepare an Impartial Analysis of the Measure.
3. Resolution of the City Council of the City of Petaluma, California, Authorizing Submission of
Written Arguments Regarding an Advisory Measure on the November 7, 2006 General Municipal
Election Ballot for the City of Petaluma.
4. Resolution of the City Council of the City of Petaluma, California, Providing for Submission of
Rebuttal Arguments for City Measure Submitted for the November 7, 2006 Election.
Summary Statement:
Council members Healy, Harris and Nau requested preparation of an agenda item for the July 17, 2006 City
Council agenda concerning placement of an advisory measure on the ballot for the November 7, 2006
General Municipal Election. The proposed advisory measure concerned opposition to gaming on property
located south of the City of Petaluma between Highway 101 and the Petaluma River, opposite Kastania
Road (the "Property"). At the July 17, 2006 City Council meeting, the City Council adopted Resolution
No. 2006-135 N.C.S. ordering submission of the advisory measure to the voters, and Resolution No. 2006-
136 N.C.S. providing for the filing of arguments for the measure and preparation of an impartial analysis.
At the July 17, 2006 City Council meeting, the Council also authorized by motion Council members Healy,
Harris and Torliatt to prepare a draft argument concerning the advisory measure, and directed return of the
item to the August 7, 2006 City Council meeting for presentation and consideration of the draft argument
and adoption of a resolution authorizing signing and filing of the written argument. The attached
resolutions concerning ordering the submission of the ballot measure and providing for filing of arguments
for the measure and preparation of an impartial analysis amend, replace and supersede Resolutions 2006-
135 N.C.S. and 2006-136 N.C.S. adopted July 17, 2006. The purpose of the amendments is to allow for
submission of a shorter advisory measure that need not be summarized on the ballot, and to clarify certain
technical matters in accordance with Election Code requirements. In accordance with Section 9605 of the
Election Code, measures to be submitted to the voters may be amended up to 83 days prior to the election.
Also attached to this agenda bill is an amended version of the resolution that was presented to the Council
but not adopted on July 17, 2006 to authorize submission of arguments for the measure, and a resolution
providing for filing of rebuttal arguments for City measures submitted for the November 7, 2006 election.
Recommended City Council Action/Suggested Motion:
1. By motion adopt resolution of the City Council of the City of Petaluma, California, amending
Resolution 2006-135 N.C.S. adopted July 17, 2006, and ordering the submission to the qualified
electors of the City of a certain advisory measure concerning opposition to proposed gaming on
approximately 277 acres of land located south of the City of Petaluma between Highway 101 and the
Petaluma River opposite Kastania Road at the general municipal election to be held on Tuesday,
November 7, 2006 and requesting the Sonoma County Board of Supervisors to consolidate said
election with the November 7, 2006 statewide general election.
2. By motion adopt resolution of the City Council of the City of Petaluma, California, amending
Resolution No. 2006-136 N.C.S. adopted July 17, 2006, and providing for the filing of arguments for
City advisory measure submitted at the November 7, 2006 consolidated general election and
directing the city attorney to prepare an impartial analysis of the measure.
3. By motion adopt resolution of the City Council of the City of Petaluma, California, authorizing the
filing and signing of the argument for the measure.
4. By motion adopt resolution of the City Council of the City of Petaluma, California, providing for
filing of rebuttal arguments for city measure submitted for the November 7, 2006 election.
I
Reviewed by Finance Director:
Reviewe City Attorney:
Date:
kkA
Approved by City Manager:
Date:
Date:
Todav's Date:
07/31/06
Revision # and Date Revised:
File Code:
#
848_99
CITY OF PETALUMA, CALIFORNIA
AUGUST 7, 2006
Agenda Report
For
Discussion and Action Regarding Submission to the Qualified Electors of the City of a
Certain Advisory Measure Concerning Opposition to Proposed Gaming on Approximately
277 Acres of Land Located South of the City Between Highway 101 and the Petaluma
River Opposite Kastania Road at the General Municipal Election to be Held on Tuesday,
November 7, 2006
1. EXECUTIVE SUMMARY:
Council members Healy, Harris and Nan requested preparation of an agenda item for the
July 17, 2006 agenda concerning placement of an advisory measure on the ballot for the
November 7, 2006 General Municipal Election. The proposed advisory measure concerned
opposition to gaming on property located south of the City of Petaluma between Highway 101
and the Petaluma River, opposite Kastania Road (the "Property"). At the July 17, 2006 City
Council meeting, the City Council adopted Resolution No. 2006-135 N.C.S. ordering submission
of the advisory measure to the voters, and Resolution No. 2006-136 N.C.S. providing for the
filing of arguments for the measure and preparation of an impartial analysis. At the July 17,
2006, City Council meeting, the Council also authorized by motion Council members Healy,
Harris and Torliatt to prepare a draft argument concerning the advisory measure, and directed
return of the item to the August 7, 2006 City Council meeting for presentation and consideration
of the draft argument and adoption of a resolution authorizing signing and filing of the written
argument. The attached resolutions concerning ordering the submission of the ballot measure
and providing for filing of arguments for the measure and preparation of an impartial analysis
amend, replace and supersede Resolutions 2006-135 N.C.S. and 2006-136 N.C.S. adopted July
17, 2006. The purpose of the amendments is to allow for submission of a shorter advisory
measure that need not be summarized on the ballot, and to clarify certain technical matters in
accordance with Election Code requirements. In accordance with Section 9605 of the Election
Code, measures to be submitted to the voters may be amended up to 83 days prior to the election.
Also attached to this agenda bill is an amended version of the resolution that was presented to the
Council but not adopted on July 17, 2006 to authorize submission of arguments for the measure
and a resolution providing for filing of rebuttal arguments for City measures submitted for the
November 7, 2006 election.
2. LEGAL BACKGROUND:
California Elections Code section 9200 and following establish procedures whereby cities
may hold advisory elections to allow the voters to voice their opinions on substantive issues and
to indicate to the legislative body approval or disapproval of the ballot proposal. (See, California
Election Code section 9603.) The resolutions attached to this agenda bill and report have been
prepared consistent with Election Code requirements to allow placement on the ballot for the
November 7, 2006 election an advisory measure concerning opposition to gaming on the
Property.
Please note that although Section 9283 of the Elections Code limits the number of
signatures that appear on a ballot argument to 5, Section 9283 does not limit the number of
signatures on the argument as submitted for inclusion on the ballot. Therefore, the Resolution
authorizing submission of the argument for the measure has been prepared to provide for
signature of the ballot argument by up to all seven Council members (if all seven members are
proponents). However, only the first five signatures may be printed on the ballot in accordance
with Section 9283.
3. ALTERNATIVES:
Council action to place a measure on the November 7, 2006, ballot concerning gaming on
the Property and to provide for filing of arguments for the measure and rebuttal arguments is
discretionary to the Council.
4. FINANCIAL IMPACTS:
The City may incur some additional costs for placement of the advisory measure on the
ballot because the City is responsible for reimbursing the County, for costs incurred due to
consolidation of the Municipal Election with the Statewide General Election.
5. CONCLUSION:
Council action consistent with the staff recommendation will result in placement of an
advisory measure on the November 7, 2006 ballot concerning opposition to gaming on the
Property, filing and signing of a ballot argument for the measure, preparation of an impartial
summary of the measure, and provide for filing of rebuttal arguments for the November 7, 2006
municipal election.
6. OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WILL IDENTIFY SUCCESS OR
COMPLETION:
(See conclusion)
RECOMMENDATION:
a) By motion adopt resolution of the City Council of the City of Petaluma, California,
amending Resolution 2006-135 N.C.S. adopted July 17, 2006, and ordering the
submission to the qualified electors of the City of a certain advisory measure concerning
opposition to proposed gaming on approximately 277 acres of land located south of the
City of Petaluma between Highway 101 and the Petaluma River opposite Kastania Road
at the general municipal election to be held on Tuesday, November 7, 2006, and
requesting the Sonoma County Board of Supervisors to consolidate said election with the
November 7, 2006 statewide general election.
b) By motion adopt resolution of the City Council of the City of Petaluma, California,
amending Resolution No. 2006-136 N.C.S. adopted July 17, 2006, and providing for the
filing of arguments for City advisory measure submitted at the November 7, 2006
consolidated general election and directing the city attorney to prepare an impartial
analysis of the measure.
c) By motion adopt resolution of the City Council of the City of Petaluma, California,
authorizing the filing and signing of the argument for the measure.
d) By motion adopt resolution of the City Council of the City of Petaluma providing for
filing of rebuttal arguments for City measure submitted for the November 7, 2006
election.
848299
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PETALUMA, CALIFORNIA, AMENDING
RESOLUTION NO.2006-135 N.C.S., ADOPTED JULY 17, 2006,
AND ORDERING THE SUBMISSION TO THE QUALIFIED
ELECTORS OF THE CITY OF A CERTAIN ADVISORY
MEASURE CONCERNING OPPOSITION TO PROPOSED
GAMING ON APPROXIMATELY 277 ACRES OF LAND
LOCATED SOUTH OF THE CITY OF PETALUMA BETWEEN
HIGHWAY 101 AND THE PETALUMA RIVER OPPOSITE
KASTANIA ROAD AT THE GENERAL MUNICIPAL ELECTION
TO BE HELD ON TUESDAY, NOVEMBER 7, 2006, AND
REQUESTING THE SONOMA COUNTY BOARD OF
SUPERVISORS TO CONSOLIDATE SAID ELECTION WITH
THE NOVEMBER 7, 2006 STATEWIDE GENERAL ELECTION
IN ACCORDANCE WITH RESOLUTION NO. 2006-103 N.C.S.
ADOPTED JUNE 5, 2006
WHEREAS, a General Municipal Election on Tuesday, November 7, 2006 has
been called by Resolution No. 2006-103 N.C.S., adopted on June 5, 2006; and,
WHEREAS, by Resolution No. 2006-103 N.C.S., the City Council of the City of
Petaluma has requested that: the Regular Municipal Election be consolidated with the
Statewide General Election in accordance with Election Code section 10403 to be held on
the same date; and that within the City the precincts, polling places and election officers
of the elections be the same; and that the Election Department of the County of Sonoma
canvass the returns of the Regular Municipal Election; and that the election be held in all
respects as if there were only one election; and authorized the Sonoma County Election
Department to canvass the returns of the Regular Municipal Election; and requested the
Board of Supervisors to issue instructions to the Sonoma County Election Department to
take any and all steps necessary for the holding of the Consolidated Election; and
recognized that the County may incur additional cost by reason of the consolidation; and
agreed to reimburse the County for such costs; and directed the City Clerk to file a copy
of Resolution 2006-103.N.C.S. with the Sonoma County Elections Department; and
I
directed that the election be held as provided by law for municipal elections; and directed
the City Clerk to give notice of the election as required by law; and
WHEREAS, on or about 2005 the Dry Creek Rancheria band of Pomo Indians
purchased 277 acres of farmland immediately south of Petaluma between Highway 101
and the Petaluma River opposite Kastania Road ("the "Property"); and
WHEREAS, the Dry Creek Rancheria initially told the public that it had no intent
to open a casino on the Property, and instead said the Property would be used for farming
to support the tribe's existing River Rock casino located in the Alexander Valley near
Geyserville; and
WHEREAS, on April 13, 2006 attorneys for the Dry Creek Rancheria wrote to
the United States Secretary of the Interior requesting to have the Property taken into
federal trust "for purposes of gaming" and stating further that the tribe "intends" to
develop and operate a "destination resort" including a "casino, a hotel, and other ancillary
facilities" on the Property; and
WHEREAS, in their April 2006 letter, the tribe's attorneys asserted to the
Secretary of the Interior that a casino at the Property would receive community support
because opponents of the River Rock casino have "repeatedly suggested that the Tribe
move its governmental gaming facility to a location along California Highway 101;" and
WHEREAS, it is highly questionable whether the citizens of the City of
Petaluma would, in fact, support a casino on the outskirts of Petaluma as the tribe's
attorneys have suggested to the federal government; and
WHEREAS, the Dry Creek Rancheria's existing River Rock casino is a 24 hour,
seven -days -a -week operation featuring 1,600 slot and video poker machines and two
dozen gaming tables; and
N VA
WHEREAS, the efforts of the Federated Indians of Graton Rancheria and their
Nevada gambling partner, Station Casinos, Inc., to open a competing casino with 2,000
slot machines in Rohnert Park could undermine the viability of River Rock casino, giving
the Dry Creek Rancheria a strong incentive to find a new casino location closer to the
Bay Area; and
WHEREAS, the 277 acre Dry Creek Rancheria Property is located in a
community separator south of Petaluma and outside of Petaluma's voter -approved Urban
Growth Boundary, so that the development of a casino complex on the site would
represent an extension of urban development contrary to adopted Petaluma and Sonoma
County land use policies; and
WHEREAS, a casino on the Property would be exempt from local zoning and
design review guidelines applicable to other private development projects; and
WHEREAS, a casino on the Property would have the potential to create
significant negative environmental impacts, including additional traffic and congestion on
Highway 101 and city streets, water demand in excess of supply; wastewater disposal
challenges adjacent to the Petaluma River, lowered housing availability, and public safety
challenges for the San Antonio Volunteer Fire Department, the Petaluma Fire Department
and the Sonoma County Sheriff's Department; and
WHEREAS, a casino on the Property would also have the potential to undermine
Petalmma's small-town character by attracting social problems that typically accompany
casinos, including alcohol, drug and gambling addictions, as well as money laundering,
prostitution, and other crime; and
WHEREAS, the City of Petaluma has written to Senator John McCain, Chairman
of the Senate Indian Affairs Committee, urging support for legislation that would prevent
the 277 acre Property from being taken into trust for the Dry Creels Rancheria; and
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WHEREAS, the outcome of efforts to prevent the various steps needed for the
Dry Creek Rancheria to open a casino on the Property is currently in doubt; and
WHEREAS, the City Council adopted Resolution 2006-135 N.C.S. on July 17,
2006, ordering submission to City electors of an advisory measure concerning opposition
to gaming on the Property.
NOW, THEREFORE, BE IT RESOLVED, ORDERED, AND DECLARED
BY THE CITY COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
SECTION 1. Resolution No. 2006-135 N.C.S. adopted July 17, 2006 is hereby
amended, replaced and superseded in its entirety by this Resolution.
SECTION 2. That pursuant to the requirements of the City of Petaluma's
Charter and other applicable law, the following is added to the already called General
Municipal Election to be held Tuesday, November 7, 2006, for the purpose of submitting
the following advisory measure to qualified electors of the City:
ADVISORY VOTE ONLY:
"Shall the Petaluma City Council take all lawful steps to
oppose gaming on approximately 277 acres of land south of
Petaluma between Highway 101 and the Petaluma River YES
opposite Kastania Road, including: opposing the United
States placing such property into trust for the Dry Creek
Rancheria Band of Pomo Indians; and urging all other
governmental officials with authority concerning gaming NO
on such property to oppose such gaming consistent with
the will of the voters?"
SECTION 3. That the text of the advisory measure submitted to the voters is
attached as Exhibit A.
l�
SECTION 4. Pursuant to the Petaluma City Charter and the requirements of
California Elections Code Section 10403, the Board of Supervisors of the County of
Sonoma is hereby requested to consent and agree to the consolidation of a regular
municipal election with the Statewide General Election on Tuesday, November 7, 2006,
for the purpose of submitting the advisory measure to the electorate of the City of
Petaluma.
SECTION 5. The Sonoma County Election Department is authorized to canvas
the returns of the regular municipal election. The election shall be held in all respects as
if there were only one election, and only one form of ballot shall be used.
SECTION 6. The Board of Supervisors is requested to issue instructions to the
Sonoma County Election Department to take any and all steps necessary for the holding
of the consolidated election.
SECTION 7. The City of Petaluma recognizes that additional costs may be
incurred by the County by reason of the advisory measure and agrees to reimburse the
County for such costs.
SECTION 8. The City Clerk shall file a certified copy of this resolution with the
Board of Supervisors and with the Sonoma County Election Department.
SECTION 9. That in all particulars not recited in this resolution, the election
shall be held and conducted as provided by law for holding municipal lections.
SECTION 10. That the City Cleric is authorized, instructed and directed to give
further additional notice of the advisory measure in time, form and manner as required by
law.
SECTION 11. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 7th day of August, 2006, by the following vote:
AYES:
NOES:
ABSTAIN:
ATTEST:
City Clerk
CITY OF PETALUMA
Mayor
/�L
ADVISORY VOTE ONLY:
"Shall the Petaluma City Council take all lawful steps to
oppose gaming on approximately 277 acres of land south of
Petaluma between Highway 101 and the Petaluma River YES
opposite Kastania Road, including: opposing the United
States placing such property into trust for the Dry Creek
Rancheria Band of Pomo Indians; and urging all other
governmental officials with authority concerning gaming NO
on such property to oppose such gaming consistent with
the will of the voters?"
EXHIBIT A
848265
43
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PETALUMA, CALIFORNIA,
AMENDING RESOLUTION NO. 2006-136 N.C.S., ADOPTED JULY
17, 2006, AND PROVIDING FOR THE FILING OF ARGUMENTS
FOR ADVISORY MEASURE SUBMITTED AT THE
NOVEMBER 7, 2006 CONSOLIDATED GENERAL ELECTION
AND DIRECTING THE CITY ATTORNEY
TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE
WHEREAS, Section 9282 of the Elections Code of the State of California authorizes the
City Council, by majority vote, to adopt provisions to provide for the filing of arguments for city
measures submitted at municipal elections; and,
WHEREAS, by Resolution No. 2006-135 N.C.S., adopted July 17, 2006, and amended
by Resolution No. , adopted August 7, 2006, the City Council of the City of Petaluma has
added to the General Municipal Election to be held November 7, 2006, the consideration of a
proposed Advisory Measure to be placed before the voters (attached as Exhibit A) regarding
opposition to proposed gaming on approximately 277 acres of land located south of the City of
Petaluma between Highway 101 and the Petaluma River opposite Kastania Road; and,
WHEREAS, by Resolution No. 2006-136 N.C.S. adopted July 17, 2006, the City
Council of the City of Petaluma provided for the filing of arguments and the preparation of an
impartial analysis concerning the advisory measure; and
WHEREAS, the ballot question to be voted upon at the Election is as follows:
ADVISORY VOTE ONLY:
"Shall the Petaluma City Council take all lawful steps to
oppose gaming on approximately 277 acres of land south of
Petaluma between Highway 101 and the Petaluma River YES
opposite Kastania Road, including: opposing the United
States placing such property into trust for the Dry Creels
Rancheria Band of Pomo Indians; and urging all other
governmental officials with authority concerning gaming NO
on such property to oppose such gaming consistent with
the will of the voters?"
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PETALUMA,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. Resolution No. 2006-136 N.C.S., adopted July 17, 2006 is hereby
amended, replaced and superseded in its entirety by this Resolution.
SECTION 2. The City Clerk is directed to transmit a copy of the measure set forth in
the recital above and Exhibit A hereto to the City Attorney
SECTION 3. The City Attorney is directed to prepare an impartial analysis of the
measure as provided in Section 9280 of the Election Code of the State of California. The
impartial analysis shall be filed with the City Clerk by August 21, 2006, the date fixed by the
City Clerk as the deadline for submitting said material.
SECTION 4. That pursuant to Section 9219 of the Elections Code of the State of
California, arguments submitted for or against the above measure shall not exceed 300 words in
length, and shall be printed upon the same sheet of paper and mailed to each voter with the
sample ballot for the election.
SECTION 5. In accordance with California Elections Code Section 9282, one of the
following headings, as appropriate, shall precede the argument's wording but shall not be
counted in the 300-word maximum: "Argument in Support of Advisory Measure " or,
"Argument Against Advisory Measure ." (The blank spaces being filled in only with the
letter or number, if any, designating the measure).
SECTION 6. In accordance with California Elections Code Section 9203, printed
arguments submitted to voters in accordance with Section 9282 of the Elections Code shall be
filed with the City Clerk, accompanied by the printed name(s) and signature(s) of the person(s)
submitting it, or if submitted on behalf of an organization, the name of the organization, and the
printed name and signature of at least one of its principal officers. No more than five signatures
shall appear with the arguments; if any argument is signed by more than five authors, the
signatures of the first five shall be printed.
67
SECTION 7. Said arguments are due in the Office of the City Clerk prior to 5:00 p.m. on
Friday, August 21, 2006.
PASSED and ADOPTED this 7th day of August, 2006, by the following vote:
AYES:
NOES:
ABSTAIN:
ATTEST:
City Clerk
Mayor
ADVISORY VOTE ONLY:
"Shall the Petaluma City Council take all lawful steps to
oppose gaming on approximately 277 acres of land south of
Petaluma between Highway 101 and the Petaluma River YES
opposite I{astania Road, including: opposing the United
States placing such property into trust for the Dry Creek
Rancheria Band of Porno Indians; and urging all other
governmental officials with authority concerning gaming NO
on such property to oppose such gaming consistent with
the will of the voters?"
EXHIBIT A
848272
ir7
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PETALUMA, CALIFORNIA, AUTHORIZING
SUBMISSION OF WRITTEN ARGUMENTS REGARDING AN
ADVISORY MEASURE ON THE NOVEMBER 7, 2006 GENERAL
MUNICIPAL ELECTION BALLOT FOR THE CITY OF PETALUMA
WHEREAS, The City Council of the City of Petaluma has called a General Municipal Election
to be held on November 7, 2006; and,
WHEREAS, In accordance with Resolution No. 2006-135 N.C.S., adopted July 17, 2006, and
amended by Resolution No. adopted August 7, 2006, at the General Municipal Election on
Tuesday, November 7, 2006, the City Council will submit to the voters the following Advisory Measure
Question:
ADVISORY VOTE ONLY:
"Shall the Petaluma City Council take all lawful
steps to oppose gaming on approximately 277
acres of land south of Petaluma between Highway YES
101 and the Petaluma River opposite Kastania
Road, including: opposing the United States
placing such property into trust for the Dry Creek
Rancheria Band of Pomo Indians; and urging all
other governmental officials with authority NO
concerning gaming on such property to oppose
such gaming consistent with the will of the
voters?"
WHEREAS, by motion on July 17, 2006 the City Council of the City of Petaluma authorized
Council Members Healy, Harris and Torliatt to prepare a draft argument concerning the Advisory
Measure and directed return of the item to the August 7, 2006 City Council meeting for presentation and
consideration of the draft argument and adoption of a resolution authorizing signing and filing of the
written argument;
NOW, THEREFORE, BE IT RESOLVED, ORDERED, AND DECLARED BY THE CITY
COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
SECTION 1. The City Council authorizes the filing of the written argument regarding the
advisory measure to be submitted to the voters at the General Municipal Election on Tuesday, November
19
7, 2006, which argument for such measure attached as Exhibit A to this Resolution. In accordance with
Section 9287 of the Election Code of the State of California, the City Council authorizes the following
listed Council Members, who are proponents of the measure, to sign such argument in accordance with
California Elections Code section 9600. In accordance with California Elections Code Section 9283, if
such argument is signed by more than five authors, the signatures of only the first five Council Members
will be printed with the ballot argument.
Council Member
(For)
Council Member
(For)
Council Member
(For)
Council Member
(For)
Council Member
(For)
Council Member
(For)
Council Member
(For)
SECTION 2. In accordance with California Elections Code Section 9282, the following
appropriate heading shall precede the argument's wording but shall not be counted in the 300-word
maximum, "Argument in support of Advisory Measure " (The blank space being filled in only
with the letter or number, if any, designating the measure.)
SECTION 3. Said arguments are due in the Office of the City Clerk prior to 5:00 p.m. on Friday,
August 21, 2006.
PASSED and ADOPTED this 7th day of August, 2006, by the following vote:
AYES:
NOES:
ABSTAIN:
ATTEST:
City Clerk
CITY OF PETALUMA
Mayor
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ARGUMENT IN FAVOR OF ADVISORY MEASURE
The same tribe that owns River Rock Casino near Geyserville wants another massive casino near
Petaluma. This ballot measure is your chance to tell local, state and federal officials that you want them
to fight against this casino.
The Dry Creek Rancheria band of Pomo Indians has purchased a 277 acre ranch between Highway 101
and the Petaluma River opposite Kastania Road. The tribe says it only plans to use the ranch for farming.
This is false.
On April 12, 2006 the tribe's board declared that "the Tribe intends to develop a class III gaming facility
... in Petaluma." The next day, tribal attorneys wrote to the United States Secretary of the Interior
requesting to have the ranch taken into federal trust "for purposes of gaming" and stating that the tribe
"intends" to develop a "destination resort," including a casino and hotel.
A "class III" casino can have 5,000 or more slot machines. The same tribe's environmentally insensitive
River Rock Casino is a 24-hour operation featuring 1,600 slot machines and 16 gaming tables. Another
tribe is proposing a 2,000 slot machine casino in Rohnert Park.
A Petaluma casino would create many profound problems.
A casino would generate additional traffic and congestion on Highway 101 and city streets.
A casino -- located in an important community separator outside Petaluma's voter -approved Urban
Growth Boundary -- would extend urban sprawl contrary to adopted Petaluma and Sonoma County land
use policies.
A casino would be exempt from normal design review guidelines, allowing a gaudy eyesore at Petaluma's
gateway.
A casino would create water demand in our water -scarce region and wastewater disposal challenges
adjacent to the Petaluma River.
A casino could undermine Petaluma's cherished small-town character by attracting social problems like
gambling addiction, substance abuse and DUI's.
Please vote yes to oppose the casino.
848273
EXHIBIT A
M.
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PETALUMA, CALIFORNIA,
PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS
FOR CITY MEASURES SUBMITTED FOR THE NOVEMBER 7, 2006
MUNICIPAL ELECTION
WHEREAS, Section. 9285 of the Elections code of the State of California
authorizes the City Council, by majority vote, to adopt provisions to provide for the filing
of rebuttal arguments for city measures submitted at municipal elections;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
PETALUMA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND
ORDER AS FOLLOWS:
SECTIONI. That pursuant to Section 9285 of the Elections Code of the State of
California, when the Clerk has selected the arguments for and against the measure which
will be printed and distributed to the voters, the Clerk shall send copies of the argument
in favor of the measure to the authors of the argument against and copies of the argument
against to the authors of the argument in favor. The authors may prepare and submit
rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with
the City Clerk, accompanied by the printed name(s) and signature(s) of the person(s)
submitting it, or if submitted on behalf of an organization, the name of the organization,
and the printed name and signature of at least one of its principal officers, not more than
10 days after the final date for filing direct arguments. Rebuttal arguments shall be
printed in the same manner as the direct arguments. Each rebuttal argument shall
immediately follow the direct argument which it seeks to rebut.
SECTION 2. That all previous resolutions providing for the filing of rebuttal
arguments for city measures are repealed.
SECTION 3. That the provisions of Section 1 shall apply only to the election to
be held on November 7, 2006 and shall then be repealed.
SECTION 4. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 7th day of August, 2006, by the following vote:
AYES:
NOES:
ATTEST:
City Clerk
848334
CITY OF PETALUMA
Mayor
NE