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HomeMy WebLinkAboutResolution 2006-147 N.C.S. 08/07/2006 Resolution No. 2006-147 N.C.S. of the City of Petaluma, California A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA, CALIFORNIA, AMENDING RESOLUTION N0.2006- 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 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 I01 and the Petaluma River opposite Kastania Road ("the "Property"); and, Resolution No. 2006-147 N.C.S. Page 1 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, WHEREAS, the efforts of the Federated Indians of Graton Rancheria and their Nevada gambling partner, Station Casinos, Lnc., to open a competing casino with 2,000 slot machines near 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, Resolution No. 2006-147 N.C.S. Page 2 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 Petaluma'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 Creek Rancheria; and, 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. Resolution No. 2006-147 N.C.S. Page 3 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. 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. Resolution No. 2006-147 N.C.S. Page 4 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 Clerk 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. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the City of Petaluma at a Regular meeting on the 7`~ day of August, fo 2006, by the following vote: City Attonley AYES: Mayor Glass, Healy, Vice Mayor Nau, O'Brien, Torliatt NOES: None ABSENT: Harris ABSTAIN: None ~ ATTEST: City Clerk Mayor Resolution No. 2006-147 N.C.S. Page 5 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 Resolution No. 2006-147 N.C.S. Page 6