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HomeMy WebLinkAboutResolution 2006-135 N.C.S. 07/17/2006 Resolution No. 2006-135 N.C.S. of the City of Petaluma, California A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA, CALIFORNIA, 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, CONSOLIDATED WITH THE NOVEMBER 7, 2006 STATEWIDE GENERAL ELECTION IN ACCORDANCE WITH RESOLUTION N0.2006-103 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, WI~EREAS, 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; authorized the Sonoma County Election Department to canvass the returns of the Regular Municipal Election; 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; recognized that the County may incur additional cost by reason of the consolidation and agree to reimburse the County for such costs; directed the City Clerk to file a copy of Resolution 2D06-103.N.C.S. with the Sonoma County Elections Department; 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, Resolution No. 2006-135 N.C.S. Page 1 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; and, WHEREAS, the Dry Creek Rancheria initially told the public that it had no intent. to open a casino there, 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, 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, Resolution No. 2006-135 N.C.S. Page 2 WHEREAS, the 277 acre Dry Creek Rancheria property is located in a commlmity 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 site would have the potential to create significant negative environmental impacts, including additional traff c and congestion on Highway 101 and city streets, water deemed in excess of supply; wastewater disposal challenges adjacent to the Petaluma River, lowered housing availability, and public safety challenges to 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 tntst for the Dry Creek Rancheria; and, WIIEREAS, 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. NOW, THEREFORE, BE IT RESOLVED, ORDERED, AND DECLARED AS FOLLOWS: SECTION 1. 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 Resolution No. 2006-135 N.C.S. Page 3 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 City Council of the City of Petaluma take all lawful steps within its authority, including, but not limited to, the following steps, to oppose gaming on 277 acres, more or less, of land generally located south of Petaluma City limits between Highway 101 and the Petaluma River and opposite Kastania YES Road (the "Property"): 1. opposing all acts necessary for the United States to place the Property into trust status on behalf of the Dry Creek Rancheria Band of Pomo Indians; 2. opposing all other required acts for federal and/or state authorities to approve any use of the Property for gaming; 3. communicating to all local, state and federal officials with authority concerning gaming on the Property the opposition of the qualified electors of the City of NO Petaluma ("Voters") to gaming on the Property; 4. urging all local, state and federal officials with authority concerning gaming on the Property to take all lawful steps within their authority to oppose gaming on the Pro ert consistent with the will of the Voters." SECTION 2. That the text of the advisory measure submitted to the voters is attached as Exhibit A. SECTION 3. The Board of Supervisors is requested to issue instructions to the Sonoma County Election Department to take any and all steps necessary for the inclusion of the advisory measure on the ballot for the General Municipal Election to be consolidated with the Statewide Election held Tuesday, November 7, 2006. SECTION 4. 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. Resolution No. 2006-135 N.C.S. Page 4 SECTION 5. The City Clerk shall file a certified copy of this resolution with the Board of Supervisors and with the Sonoma County Election Department. SECTION 6. 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 7. 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 A roved as to Council of the City of Petaluma at a Regular meeting on the 17`x' day of July, 2006, form: by the following vote: ity Attorney AYES: Mayor Glass, Harris, Healy, Nau, O'Brien, Torliatt NOES: None ABSENT: None ABSTAIN:. None ATTEST: City Clerk r Resolution No. 2006-135 N.C.S. Page 5 ADVISORY VOTE ONLY: "Shall the City Council of the City of Petaluma take all lawful steps within its authority, including, but not limited to, the following steps, to oppose gaming on 277 acres, more or less, of land generally located south of Petaluma City limits between Highway 101 and the Petaluma River and opposite Kastania YES Road (the "Property"): 1. opposing all acts necessary for the United States to place the Property into trust status on behalf of the Dry Creek Rancheria Band of Pomo Indians; 2. opposing all other required acts for federal and/or state authorities to approve any use of the Property for gaming; 3. communicating to all local, state and federal officials with authority concerning gaming on the Property the opposition of the qualified electors of the City of NO Petaluma ("Voters") to gaming on the Property; 4. urging all local, state and federal officials with authority concerning gaming on the Property to take all lawful steps within their authority to oppose gaming on the Pro ert consistent with the will of the Voters." EXHIBIT A Resolution No. 2006-135 N.C.S. Page 6