ORDINANCE NO. 2022 N.C.S
Introduced by Seconded by Councilmember Matt Maguire
Seconded by Councilmember Lori Shea
AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA AMENDING TITLE 13 (STREETS AND OTHER PUBLIC PLACES) OF THE PETALUMA MUNICIPAL CODE BY ADDING CHAPTER 13.45 (PRESERVATION AND PUBLIC ACCESS TO LAFFERTY RANCH)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
Section 1. Chapter 13.45 (Preservation and Public Access of Lafferty Ranch) is added to Title 13 of the Petaluma Municipal Code to read as follows:
13.45.010 Public Ownership.
Lafferty Ranch, a mountain and watershed property owned by the City of Petaluma (the "City"), shall remain in public ownership for passive public recreational use in perpetuity, subject to the provisions contained herein. The Lafferty Ranch, located on Sonoma Mountain, in the unincorporated area of Sonoma County, California, is more particularly described as:
Being a part of the Petaluma Rancho, and which is known, designated and described upon Rowe's Map of said Rancho, as Lot Number 361, containing 269.75 acres, and being the same premises which were formerly known as the Lafferty Ranch, and which were deeded by William Hill to the Sonoma County Water Company, a corporation, by deed dated the 25th day of May 1888, and recorded in Vol. 113 of Deeds, as page 282, Sonoma County Records.
A.P. No. 136-17-001
13.45.020 Restriction on Disposition.
The City shall not sell, trade or otherwise dispose of any interest in or right associated with Lafferty Ranch, including any and all water rights to any party without prior approval by the voters of the City.
13.45.030 Public Use.
The Lafferty Ranch shall be made available for passive recreational use by the public in accord with the provisions of this section.
Use of Lafferty Ranch by the public shall be pursuant to a public use management plan to be prepared and implemented by the City (the "Plan"), in accordance with all applicable state and federal laws and regulations. The Plan shall be consistent with the protection, restoration and enhancement of the natural wildlands of Lafferty Ranch and shall be based on best management practices for public open space and recreational lands in the San Francisco Bay Area. Preparation of the Plan shall commence no later than sixty (60) days following the adoption of this ordinance.
Pending adoption of the Plan, Lafferty Ranch shall be made available for passive recreational use by the public pursuant to an interim plan which shall be adopted by the City Council in accordance with all applicable state and federal laws and regulations.
The City shall not enter into any contract or agreement with any private party or public agency if the contract or agreement would restrict or limit public use of Lafferty Ranch as permitted by this section, unless the restrictions or limitations are consistent with the Plan.
13.45.040 Severability.
If any sentence, clause, section, or part of this ordinance is found to be unconstitutional, illegal, or invalid, then such unconstitutionality, illegality, or invalidity shall affect only that sentence, clause, section, or part, and shall not effect or impair any of the remaining sentences, clauses, sections, or parts of this ordinance. It is hereby declared to be the intention of the People of the City that this ordinance would have been adopted had such unconstitutional, illegal, or otherwise invalid sentence, clause, section, or part of this ordinance not been included herein. To this end, the provisions of this ordinance are severable.
Section 2. This ordinance is found to be consistent with the General Plan and Charter of the City of Petaluma.
Section 3. This ordinance has been found to be exempt from California Environmental Quality Act pursuant to Sections 15061(b)(3) and 15316 of the CEQA Guidelines.
Section 4. If any section, subsection, sentence, clause or phrase or word of this ordinance is for any reason held to be unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional.
Section 5. The City Clerk is hereby directed to post this ordinance if required for the period and in the manner required by the City Charter.Councilmember Lori Shea
INTRODUCED this 29th day of July, 1996.
ADOPTED this 5th day of August , 1996 by the following vote:
AYES: Maguire, Hamilton, Read, Shea, Vice Mayor Stompe, Mayor Hilligoss
NOES: None
ABSENT: Barlas/s/ M. Patricia Hilligoss Mayor
ATTEST: /s/ Patricia Bernard /s/ City Clerk
APPROVED AS TO FORM: Richard Rudnansky City Attorney