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Chronology
of the Lafferty Ranch Controversy
Note:
We are indebted to "Lafferty Historian"
Patricia Tuttle Brown, whose archives contain the
newspaper accounts and government documents upon which
the following chronology is based.
The
pre-controversy era
-
Circa 1834: What is now
Lafferty Ranch forms part of General Mariano Vallejo's huge
landgrants comprising much of the north San Francisco Bay
region during the Mexican period of California's history.
-
c. 1877 to 1959: A 1877
map of the Sonoma Mountain area shows a parcel, with
boundaries as they are today, owned by one "Marshall
Lafferty". For the next eighty years the property passes
through several owners as a working ranch, with a residence
of which few traces remain other than a few non-native fruit
trees. Later in that period the property is operated as a
privately-owned watershed providing drinking water to
Petaluma.
-
1959: The city of Petaluma
buys Lafferty Ranch and uses it as watershed. Water from
Lafferty is stored in Lawler Reservoir, further down Sonoma
Mountain on Adobe Creek. During this period, the city
permits restricted access to Lafferty for educational and
other organized groups.
-
1962: Petaluma adopts a
general plan which states, "the city-owned Lafferty Ranch on
Sonoma Mountain shall become a community park."
-
1964: Sonoma County's first
Recreation Plan proposes that Lafferty Ranch be classified
as a "Forest and Regional Park" and placed in the category
of "highest priority in the county program." County General
Plans from that time to the present also show a future
regional park at the site of Lafferty Ranch. (See this
map in the current, 1989 Sonoma
County General Plan.)
Editor's note: CLRRP has not seen any documented
objections or concerns by Sonoma Mountain ranchers and
residents prior to 1989 regarding the
City's and County's long-standing and well-publicized plans
to turn Lafferty into a public park.
Trouble
ahead
-
1984: Peter G. Pfendler buys
a ranch adjacent to Lafferty, and two years later builds a
large residential complex, easily the most visible structure
on Sonoma Mountain, a few hundred yards from Lafferty's
northwestern property line.
-
July 28, 1989: Pfendler hires
Redwood Empire Appraisal, which appraises Lafferty Ranch for
$675,000. The appraisal document's stated purpose is "to be
used to assist the client in their negotiations and the
possible purchase of the property from the City of
Petaluma."
-
1992: The State of California
determines that Lawler Reservoir is unsafe in the event of
an earthquake. Most of Petaluma's water now comes from the
Russian River system to the north, so the city decides
against a seismic retrofitting of the dam, and ceases
operation of the Lafferty-Lawler water system.
-
May 4, 1992: The Petaluma
City Council begins discussions of what use should be made
of Lafferty, including the possibility of more public
access. At a Petaluma City Council meeting, Peter Pfendler
says he has "offered to purchase the (Lafferty) property at
the appraised value." He and other Sonoma Mountain Road
residents argue against public access.
-
June 15, 1992: The City
Council, by a 5 to 1 vote, rejects the idea of selling
Lafferty Ranch. "I am in no way in favor of selling this
property," says Council Member Nancy Read. Council Member
Michael Davis said, "This is just one gem up there. If we
don't allow our citizens access to this property, we are
shutting them off from something they deserve." The Council
directed staff to "develop methods of managing the use of
Lafferty Ranch for adult as well as youth groups, so that
the land is available to the individuals who would respect
it."
-
July 1992: The City proposes
a Lafferty public access plan that would allow access by
permit during daylight hours for no more than 8 people a
day.
-
August 23, 1992: The Press
Democrat reports that Lafferty Ranch neighbor Al Bettman
signed an agreement with Peter Pfendler refusing to allow
the City to use his land at the entrance to Lafferty. (At
that time, it was the common though mistaken belief that
Lafferty was landlocked by Bettman's property.) Bettman
says, "I'm not as paranoid as my neighbor about public
access, but I'll go along with Pfendler." Michael Davis
responded, 'It's one of the most beautiful and scenic areas
we have. It can't be kept away from the people... I think
this could be a little war up there in the hills. Mr.
Pfendler has threatened to call in his posse of lawyers, but
you can't keep 45,000 people off their property."
-
September 3, 1992: William
Hunter, of the law firm of Petit and Martin, representing
Peter Pfendler and the Sonoma Mountain Property Owners
Association, sends its "shotgun brief" letter to City Hall
opposing public access to Lafferty.
-
October 5, 1992: At the City
Council meeting, "about 30 residents of Sonoma Mountain Road
showed up to oppose that (Lafferty access) plan, repeating
most of the arguments they made in May but in greater
numbers and to greater success. No one favoring access was
present." Pfendler's attorney cited "potential significant
environmental effects' from the City's proposal." Residents
presented the letter from County Public Works about traffic
and road safety.
This meeting was a turning point. All of the Council Members
present who formerly supported unsupervised public access
changed their mind, including Michael Davis. Members Lynn
Woolsey and Nancy Read, according to the Argus said they'd
like a "mediation" process to work out something acceptable.
According to the Council Minutes,
"It was the Council consensus that a
subcommittee of the Council, the (Sonoma Mountain) homeowners,
the environmentalists, and staff should meet to continue to
work toward a resolution to [sic] some of these issues, before
requesting and environmental study. The hearing was closed and
the matter will be brought before the Council when the
committee has met."
The creation of this subcommittee never
happened, despite repeated requests from citizens (as
shown below.)
-
October 5, 1992: John
Saemann, on behalf of the Sonoma Mountain Property Owners
Association, sends a written request to the Sonoma County
Board of Supervisors requesting deletion of Lafferty Ranch's
regional park designation in the County General Plan. The
City of Petaluma is not copied on the letter.
-
November 16, 1992: The
Council votes unanimously to request that the County Board
of Supervisors reject the SMPOA's petition to delete
Lafferty's regional park designation. At that meeting,
Lafferty access supporter David Keller "suggested (that) a
'win-win' way of accomplishing the goal would be to have a
committee of representatives of all parties involved to work
towards a solution to the ultimate use of Lafferty Ranch."
Lafferty
supporters organize
-
December 1992: Daniel
Williams and other Lafferty supporters form Citizens for
Access to Lafferty Ranch, a forerunner of CLRRP. During this
critical period, Sonoma
County Conservation Action provides indispensable
organizational assistance to the fledgling group.
-
January 10, 1993: The Argus
Courier reported:
"Nearly 200 letters supporting access to
Lafferty Ranch and addressed to "Mayor and City Council" have
arrived at Petaluma City Hall the past month, but city manager
John Scharer still has them all."
"Scharer says he has no plans to pass the letters on to the
Council because of the hours it would take to photocopy them
seven times, one for each council member."
-
January 12, 1993: Citizens
for Access to Lafferty Ranch, representing the individuals
who had been speaking before the Council over the past year,
writes a letter to the City Council. It requests that the
Council form the committee like the one the Council proposed
at their October 5 meeting. "The purpose of this committee
would be to investigate the feasibility of allowing the
citizens of Petaluma access to Lafferty Ranch and to
determine what conditions should apply. We believe that a
"win-win" situation can be achieved for everyone." The
letter also asks the Council to authorize a field trip to
Lafferty on January 30 or February 6.
The "Swap"
is hatched
"City officials, the (OSD) and at least one
unknown player are working on a deal that could result in a
regional park on Sonoma Mountain."
"Nobody wants to talk much about the deal because negotiations
are under way 'and pretty sensitive,' said David Hansen,
general manager of the open space district. But Hansen, City
Manager John Scharer and several members of the City Council
confirmed Friday that they are exploring methods of gaining
public access to a large chunk of Sonoma Mountain. The goal
appears to be to provide an alternative to Lafferty Ranch."
"The hush-hush deal involves an alternative site on Sonoma
Mountain. No one would comment on what might happen to
Lafferty Ranch if another site were found suitable for a
regional park."
"Pfendler could not be reached for comment last week."
"No city official or council member would discuss details of
the new proposal. Two large parcels on the mountain that may
be involved in the deal have riding stables, other buildings,
and roads already in place."
"A group called Citizens for Access to Lafferty Ranch asked
the council to establish a citizens committee that would
include members from all sides of the issue. The group is also
lobbying for a field trip to Lafferty Ranch so people can see
the land in question."
-
February 14, 1993: The Argus
Courier reports:
"Mountains of mail over Lafferty:"
"One of the most unusual displays of political support in
Petaluma history continues to pour into City Hall
mailboxes... At least two council members have received more
than 100 letters, nearly all handwritten and expressing
roughly identical sentiments (in favor of making Lafferty
Ranch a regional park.)"
"(Council member Brian) Sobel said the letters are helpful
because the council had few people in its corner during some
bruising hearings last fall. Landowners on the mountain
wondered why the council was trying to shove this plan down
their throats in the apparent absence of popular support --
while the council members argued they were acting on behalf
of 44,000 people.
"'Early on, the question was, 'Why aren't they here?' Well,
here they are, checking in on it,' Sobel said."
All together, close to 1000 letters were sent to the Council
supporting access to Lafferty, according to Sonoma County
Conservation Action.
-
February 15, 1993: Dan
Williams, the leader of Citizens for Access to Lafferty
Ranch sends a letter to the Mayor and City Council which
documents how City Manager John Scharer twice postponed the
group's appearance on the City Council Agenda, from February
1 to the 16th to March 1st. The letter also points out that
the group's request to visit Lafferty had also been put off.
Editor's note: Eventually two or three small tours
of Lafferty were permitted during 1993, though many people
were turned away due to restrictions on the number of
visitors. As with later tours, every opportunity for the
public to see the property for themselves resulted in a
groundswell of enthusiasm for keeping and opening Lafferty.
"Last year, I expressed an interest in acquiring
Lafferty Ranch from the City and to maintain its open space
character. In subsequent City Council meetings, the
possibility of a land swap was discussed, if this could lead
to the City's acquisition of another parcel of land that might
be suitable for public access and passive recreational uses."
The letter goes on to describe Moon Ranch and the possible
involvement of the OSD in facilitating the swap.
In searching Council meeting minutes and local news stories,
CLRRP has found no documentation of any Council Meeting
discussions of land swap until the March 1, 1993 meeting. This
is the basis for swap critics' claim that the swap was hatched
as a "backroom deal" between Pfendler and City and County
officials.
-
March 1, 1993: The proposed
Moon for Lafferty swap is announced. The citizens committee
to review access to Lafferty is not discussed.
-
September, 1993: Peter
Pfendler buys Moon Ranch for $2.2 million.
Editor's note: For the next several months,
Petaluma was gripped by the abduction and murder of
12-year-old Polly Klaas on October 1, 1993. Lafferty and
other such local issues did not attract much notice during
this period.
-
June 1994: The City of
Petaluma arranges public tours of Lafferty and Moon ranches.
Several hundred people avail themselves of the opportunity
to see both properties.
Throughout the rest of 1994 through early 1996, the swap
became a very public debate in Petaluma, with dozens of
impassioned letters to the editor and speakers before the
City Council (estimated by Bruce Hagen as opposing the swap
about 4 to 1), extensive newspaper coverage, in particular
by reporter Dave Alcott for the Argus Courier, and hundreds
of "Keep Lafferty" bumper stickers and yard signs throughout
the region.
-
September, 1994: Sonoma
County Regional Parks publishes "Regional Park Feasibility
Study, Lafferty Ranch & Moon Ranch", which seems
designed to support the swap. This document is deconstructed
at length in Bruce Hagen's whitepaper.
-
September 19, 1994: The
Petaluma City Council approves the swap contingent on seven
conditions, on a 5-2 vote with councilmembers Jane Hamilton
and Carol Barlas in opposition.
-
November, 1994: Matt Maguire,
a leading Lafferty activist and swap opponent, receives the
most votes in the Petaluma City Council race. Mary Stompe,
whose position on the swap is ambiguous before the election,
but who later turns out to be a leading swap supporter, is
also elected. The stage is set for two years of acrimonious
debate between the "pro-swap majority" (Nancy Read, Lori
Shea, Mary Stompe, and Mayor Patti Hilligoss), and the
"anti-swap minority" (Jane Hamilton, Carol Barlas, and Matt
Maguire) on the Petaluma City Council.
-
July 19, 1995: The County
Open Space District agrees to pay Peter Pfendler $1.4
million in exchange for the development rights to his Moon
Ranch. District staff had recommended paying no more than
$900,000 to a maximum of $1.2 million for these rights.
-
July-August, 1995: At the
instigation of new councilmember Matt Maguire, the City
again offers tours to Lafferty and Moon. As evidenced by
letters to the editor and support for CLRRP, each public
tour results in a huge wave of pro-Lafferty sentiment. Since
that time, Lafferty Ranch has been off-limits to the general
public (to date!).
-
August 4, 1995: Mary Stompe,
who campaigned for City Council as open-minded on the swap,
announces she will now support the swap, breaking a 3-3 tie.
-
August 6, 1995: Former City
councilmember Michael Davis completes his reversal of
earlier support for Lafferty, regularly attacking swap
opponents in his Argus Courier column, and even going so far
as to propose that a new regional park (at Moon) be named in
honor of Peter Pfendler.
-
September 11, 1995: Mayor
Patti Hilligoss is quoted in the San Francisco Chronicle
saying of the swap, "It's a done deal."
-
September, 1995: The Sonoma
County Regional Parks publish their survey listing hiking in
natural areas as the outdoor recreational experience most
desired by Sonoma County residents.
-
October 26, 1995: Peter
Pfendler offers to permit supervised tours of Lafferty three
days a year if he owns it.
-
November 3, 1995: Swap
supporters produce an expensive 4-page brochure explaining
their position entitled Give us the Moon,
distributed as a supplement in the Argus Courier. It states,
in part, "At the urging of the city, [Peter Pfendler] bought
Moon Ranch to enable Petaluma to swap for a regional park."
It also blusters at length about the tiny band of noisy,
elite environmentalists who want Lafferty versus the broad,
silent majority (where have we heard that before?) who favor
Moon.
-
November 7, 1995: Swap
opponents now begin to talk openly about sponsoring a
referendum to let the voters settle the issue. Peter
Pfendler has this to say about the Give us the Moon
brochure and its well-heeled backers: "Getting the facts out
is a legitimate goal in itself. I would also assume part of
the motivation of the people who put their name on it was in
response to the threat of a referendum... Very few people
would start a referendum if it is clear to them they
ultimately were going to lose a vote on it." That same Argus
Courier article quotes Brian Sobel, the presumed author of
the brochure, in the same vein: "'Money is no problem,' said
Sobel of the pro-Moon group that published the names of 54
supporters on the front page of its campaign sheet."
-
November 11, 1995: The Press
Democrat reports a professional telephone poll is being
conducted in the Petaluma area asking opinions about the
Moon-Lafferty swap. The pollster, Richard Hertz of Bodega
Bay, will not reveal the name of his client.
The results of this poll, which was apparently commissioned
by pro-swap groups (we know it wasn't ours!), were never
made public. In view of later poll results, we can guess
that this poll gave swap proponents their first inkling that
public opinion was running heavily against them.
-
December 5, 1995: A City
Council vote to finalize the Moon-Lafferty swap, originally
scheduled for October 16, 1995, is postponed again until
January, and will be postponed again until the Spring. Cold
feet, anyone?
-
January 25, 1996: Sonoma
County Open Space District consummates its part of the swap
by paying Peter Pfendler $1.2 million in exchange for the
Moon Ranch development rights, with $200,000 more promised
later.
-
February 5, 1996: On behalf
of CLRRP, attorney Richard Roos-Collins formally challenges
the swap on the basis that relinquishing the City's water
rights is illegal. Former San Francisco Mayor Joseph Alioto
also weighs in with a letter supporting the Roos-Collins
position.
This maneuver followed other important anti-swap legal
efforts led by Petaluma attorney Jim Dombroski. While these
legal tactics did not turn out to be decisive in and of
themselves, they did help to delay the finalization of the
swap during several critical months until CLRRP's
grass-roots organizing could build enough strength to kill
the swap politically.
The "Swap"
unravels
-
March 13, 1996: The Press
Democrat publishes the results of its poll showing Petaluma
citizens oppose the swap 3 to 1, with most listing "Lafferty
is irreplaceable" as their primary reason.
-
March 13, 1996: The pro-swap
majority on the Petaluma City Council immediately begins to
run for cover. Led by Lori Shea (who is up for re-election
in November 1996), they reverse themselves and now talk of
putting the swap to the voters as a ballot measure in
November. The Lafferty supporters on the Council (Hamilton,
Barlas, and Maguire) are dubious about the pro-swap
majority's motives, and it appears unlikely that both sides
could agree on the wording of such a ballot measure. As a
result, CLRRP determines to go forward with its own
initiative.
-
March 26, 1996: The City
Council majority tentatively votes to "freeze" the swap for
one year, a transparent attempt to neutralize a damaging
campaign issue.
-
April 3, 1996:
John Scharer, the Petaluma City Manager who was one of the
behind-the-scenes architects of the Moon-Lafferty swap (see
entry for February 7, 1993), announces
plans to retire at the end of the year.
-
April 5, 1996: Swap critics,
led by CLRRP members, claim the City Council majority
violated the State's open meeting law, the Brown Act, by
apparently reaching the decision to freeze the swap in
private.
-
April 16, 1996: County
Supervisor Jim Harberson publicly agrees that another
regional park site other than Moon or Lafferty is a
possibility. Swap supporters, including Mayor Hilligoss,
later complain that this admission (which was a long time
coming) undermines their insistence that Lafferty must be
sacrificed to get such a park. In other news of the same
City Council meeting, Matt Maguire and Jane Hamilton are
accused by fellow councilmembers Lori Shea and Mary Stompe
of "trespassing" on city-owned Lafferty Ranch (!).
-
April 29, 1996: The City
Council formalizes the one-year freeze of the swap.
-
May 20, 1996: Several members
of CLRRP bring suit against four members of the City Council
(Hilligoss, Shea, Stompe, and Read) alleging they violated
California's open meeting law, the Ralph M. Brown Act, in
reaching their March decision to freeze the swap..
-
May 21, 1996: Competing
initiative campaigns are launched:
-
The "Keep Lafferty Committee" (an offshoot
of CLRRP) begins circulating petitions to put our "Keep
Lafferty" initiative on the ballot in November. It would
keep Lafferty in public hands and create a management
plan for public access based on the best practices of
other such wilderness parks in the Bay Area.
-
The newly formed "Committee for Choice,"
headed by Lee Snow and Donald Smith, sponsors two
initiatives authored by Matt Hudson, an attorney who has
represented Peter Pfendler throughout the swap. One
initiative would complete the swap as proposed; the
other (which we called the "Keep OFF Lafferty"
initiative), would have Lafferty remain in City
ownership but limit public access to three docent-led
tours a year.
-
June 14, 1996: The Keep
Lafferty Committee/CLRRP collects 5,600 signatures in record
time (around 2000 are needed to qualify for the ballot).
-
July 14, 1996: Both measures
sponsored by the Committee for Choice are disqualified due
to the discovery of thousands of obviously forged signatures
on their petitions.
-
July 15, 1996: A new
standard of pettiness is set by the pro-swap majority on the
City Council, as they deny a routine, honorary title of
vice-mayor to Jane Hamilton, who is in line for the post,
and instead give it to Mary Stompe. At the same meeting, the
majority ousts Lafferty supporter Pamela Torliatt from the
planning commission. Four months later, Pamela was voted
into the City Council and Lori Shea was voted out. Two years
after that, Hilligoss, Read, Stompe, and Supervisor
Harberson will follow Shea into political oblivion. As of
Fall, 1998, no Petaluma politician who advocated selling or
trading Lafferty has won any subsequent election.
-
July 19, 1996: CLRRP's
initiative is also disqualified on a technicality. The
requirement to provide advance public notice of the petition
drive was not satisfied properly.
-
July 22, 1996: Peter Pfendler
drops in on a Petaluma City Council meeting and abruptly
calls off the swap, saying, "Continuing this process would
only perpetuate the chaos and divisiveness in this community
with a conclusion that no one can now foresee. As a result,
we are announcing our withdrawal from this transaction
effective tonight."
-
July 29, 1996: The City
Council unanimously adopts Ordinance
2022, which commits the city to keeping Lafferty in
public ownership and opening it to public enjoyment. This
ordinance has essentially the same wording as CLRRP's
initiative, which was disqualified on a technicality a few
days earlier.
-
August 10, 1996: Campaign
finance documents show the pro-swap Committee for Choice
outspent the Keep Lafferty Committee 11 to 1 in their
respective petition drives. The Committee for Choice relied
in large part on paid signature gatherers, while the
Lafferty supporters were all volunteers. Of the reported
$9,400 spent by the Committee for Choice, $3,616 was a loan
(later forgiven) from Sonoma Mountain resident John Saemann,
and $1,500 was for the services of Peter Pfendler's attorney
Matt Hudson (also later forgiven).
-
August 26, 1996: The swap is
officially killed. The Petaluma City Council votes
unanimously to rescind the September 1994 decision to trade
Lafferty, and adopts ordinance #2022, which is essentially
the same as CLRRP's "Keep Lafferty" initiative.
-
September 18, 1996: Local
officials turn over the investigation of the Committee for
Choice voter fraud to state elections fraud investigators.
Considerable prompting and public pressure, led by Matt
Maguire on the City Council and CLRRP as citizens
representatives, was required to keep the investigation
moving and on track at both the local and state levels.
-
November 5, 1996: The victory
for Lafferty is consolidated in City Council elections.
Lafferty supporters David Keller, Pamela Torliatt, and
incumbent Jane Hamilton incredibly sweep the three open
seats. Together with Matt Maguire, they form a new majority
on the council committed to keeping Lafferty and opening it
to the public.
-
November 6, 1996: The Sonoma
County Elections Office announces that its ongoing count of
fraudulent signatures for one of the Committee for Choice
initiatives is up to 1,544 of 3,254 submitted, raising the
percentage of bogus signatures to 47%. The count would later
double for the two petitions to 3,130 invalid signatures.
Access,
revisited
-
November 7, 1996: The newly
empanelled, 17-member Lafferty Access Committee begins work
on an access and management plan for the future Lafferty
park.
-
December 8, 1996: Peter
Pfendler lists Moon Ranch for sale with a glossy brochure
describing its potential as a vineyard estate. The asking
price of $4.5, even with its minimal development rights, is
far too high for the county to consider acquiring it as a
park.
-
December 28, 1996: Peter
Pfendler has a 7-foot tall chainlink fence installed on part
of the property line between his estate and Lafferty Ranch.
Lafferty supporters claim the fence is inside the historic
boundary marked by an old stone fence, that it interferes
with migrating wildlife, that the fence crew cut down
several trees on City property, and that its height
constitutes a zoning violation.
-
February 12, 1997: The state
fire chief for the region refutes claims that public access
to Lafferty would constitute an extreme fire danger.
-
April 25, 1997: Wildlife
experts determine that no golden eagles nest on Lafferty,
putting to rest another pseudo-environmental canard used to
oppose public access to Lafferty.
-
May 7, 1997: Ten months
after the crime, state investigators of the petition fraud
case turn over their evidence (which is not disclosed) to
Sonoma County District Attorney Mike Mullins.
-
May 13, 1997: Craig and
Shelly Arthur, former Committee for Choice organizers, are
arrested in Idaho on suspicion of forging scores of
signatures, and await extradition.
-
June 2, 1997: The Petaluma
City Council opts to pursue a full Environmental Impact
Report process as the best protection against expected legal
challenges to opening Lafferty. The consulting firm of
Leonard Charles and Associates of San Anselmo is hired to
head the EIR effort.
-
October 8, 1997: A boundary
survey commissioned by the City bolsters the city's (and
Lafferty supporters' longstanding) claim that Lafferty Ranch
is accessible from Sonoma Mountain Road. The survey also
shows that Peter Pfendler's new fence intrudes as much as
ten feet onto Lafferty property.
-
October 11, 1997: Craig
Arthur of the Committee for Choice pleads no contest to six
felony counts of initiative petition fraud. Shelly Arthur
pleads guilty to six related misdemeanor counts. They agree
to cooperate in the ongoing investigation.
-
November 11, 1997: Multiple
felony charges arising from the voter fraud case are brought
against Martin McClure, a former Republican candidate for
State Assembly who at the time of the fraud worked as an
aide to County Supervisor Paul Kelley, and against Stephen
Henricksen, who was also once a Republican Assembly
candidate and former campaign manager for Rebublican State
Senate Candidate John Jordan, and whom Kelley had appointed
to the county Fair Board. Also charged with misdemeanor
counts is Marion Hodge, who works as an aide to County
Supervisor Jim Harberson.
-
December 29, 1997: Petaluma
City Councilmember Jane Hamilton announces she will
challenge Jim Harberson for his County Supervisor's seat in
1998.
-
January 8, 1998: Supervisor
Jim Harberson, citing health problems, announces he will not
seek re-election.
-
February 19, 1998: Peter G.
Pfendler is arrested on charges of felony spousal abuse.
According to a later press report (Press Democrat, July 21,
1998), "Pfendler kicked and shattered a sliding glass door
[of a neighboring house], then hit his wife repeatedly,
dragging her down the stairs by her hair and blouse. He
dragged her outside where he kicked her feet out from under
her and choked her." According to a March 4 Press Democrat
article, Conni Pfendler's eardrum was broken for the second
time in this attack, with the original injury having
resulted from a previously unreported prior attack by her
husband.
Editor's note: While this incident is not directly
related to the Lafferty issue, we include it here to
illustrate the character of the main Lafferty antagonist,
and because it has had a profound effect on the Lafferty
debate. Prior to this, many arguments for swapping or
preventing public access to Lafferty included lavish praise
of Peter Pfendler, the self-made millionaire, the
"environmentalist," the philanthropist. We don't hear much
of that anymore.
The wheels
of justice...
-
April 28: 1998: Superior
Court Judge Mark Tansil sentences Craig Arthur to six months
in jail, a $6000 fine, and three years probation for his
role in the voter fraud case. Shelly Arthur is sentenced to
250 hours of community service, a $3000 fine, and three
years probation.
-
May 28, 1998: In a plea
bargain, Pfendler pleads guilty to misdemeanor spousal
abuse; in return the County D.A.'s office drops several
felony charges.
-
June 11, 1998: A Superior
Court Judge denies Petaluma's request to conduct public
tours of Lafferty during the EIR period.
-
June 3, 1998: Petaluma Police
Sergeant Mike Kerns, who promises to continue Jim
Harberson's policies, and Jane Hamilton finish first and
second in primary balloting for 2nd District Supervisor. The
two prepare to face each other in a runoff in November.
-
June 9, 1998: Supervisorial
candidate Mike Kerns attends a meeting of the secretive
Sonoma Mountain Conservancy, seeking their support. This is
the group which has adamantly opposed public access to
Lafferty, and elsewhere on the mountain.
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July 21, 1998: Sonoma County
Court Judge Robert Dale sentences Peter Pfendler to 28 days
in jail for spousal abuse and vandalism. As reported in the
July 22, 1998 San Francisco Chronicle, Pfendler is also
ordered "to attend a counseling program for wife beaters,
pay a $7,000 fine and not own a gun for 10 years," as well
as "to serve 36 months of formal probation" (SF Chronicle,
October 1, 1998).
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August 4, 1998: McClure and
Henricksen plead guilty and no contest, respectively, to
felony charges of illegal signature gathering for the
Committee for Choice initiatives. The judge in the case is
quoted suggesting they might avoid jail time due to lack of
a previous criminal record.
According to an informal telephone poll in the Argus Courier
the following week, many Petalumans feel the investigation
and prosecution of this case stopped short of identifying
the higher-ups believed responsible for this crime. Cui
bono? -- "who stood to benefit"?
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August 1998: Councilmembers
Mary Stompe, Nancy Read, and Mayor Patti Hilligoss all
announce they will not seek re-election in the fall. These
retirements, and Harberson's, complete the political rout of
all local politicians who advocated selling, trading, or
denying the public access to Lafferty Ranch.
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August 23, 1998: The Lafferty
EIR process takes a step forward as a first public comment
phase is completed.
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September 29, 1998: Sonoma
County Judge Robert S. Boyd sentences Martin McClure to nine
months of electronic home confinement for his role in the
voter fraud, plus three years probation, 80 hours of
volunteer work, and $1,600 in restitution.
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September 30, 1998: The fall
campaign for Petaluma City Council and Mayor picks up steam
with a candidates' forum. As reported by the Press Democrat,
two Council candidates (Mike O'Brien and John Mills) and one
mayorial candiate (Bonnie Nelson) suggest opening Lafferty
may not be worth the money it is costing the city. The other
candidates voice generally strong support for opening
Lafferty as a public park.
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September 30, 1998: Peter
Pfendler reports to Sonoma County jail and begins serving
his 28-day sentence for spousal abuse.
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October 5, 1998: Sonoma
County Judge Robert S. Boyd sentences Stephen Henricksen to
four months in jail for his role in the voter fraud scandal,
plus 140 hours of community service. The judge says he will
not oppose electronic home confinement for Henricksen in
lieu of jail time.
The trial of the final voter fraud defendent, Marion Hodge,
the former aide to Supervisor Jim Harberson, is postponed
yet again.
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October 8, 1998: CLRRP
endorses Jane Hamilton for Sonoma County Supervisor, David
Glass for Petaluma Mayor, and incumbent Matt Maguire, Janice
Cader-Thompson, and Steve Arago for Petaluma City Council.
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October
17, 1998: In the first activity organized by Naturehood
Watch, around 40 Lafferty supporters turned out to
pick up over 10 cubic yards of trash along Sonoma Mountain
Road below Lafferty Ranch, as a gesture of goodwill and
neighborliness. The event received press coverage in the
Argus-Courier. (Photo by Jason Doiy/Argus-Courier staff.)
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November 3, 1998: Another
long-time Lafferty activist, Janice Cader-Thompson, finishes
first in voting for Petaluma City Council, with incumbent
Matt Maguire a close second. Together with the third Council
winner Mike Healy and new Mayor Clark Thompson, Petaluma now
has a city government very solidly committed to opening
Lafferty Ranch to the public. Jane Hamilton falls short in
her supervisorial campaign against Mike Kerns, however. See
this discussion
of election ramifications.
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November 17, 1998: After a
closed-session discussion of legal strategy, the Petaluma
City Council votes to revise the draft EIR further rather
than certify its adequacy as submitted.
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January 1, 1999: What ever
happened to Marion Hodge, the longtime aide to retiring
supervisor Jim Harberson who was the fifth person charged in
the voter fraud case? The Argus Courier reports for the
first time in their "Year in Review" piece that, without
entering any plea, she was allowed to enroll in the Project
Intercept diversion program which is an "alternative to
going through the traditional court process," in the words
of program director Andriya Glessner. The A-C goes on to
note that "exactly what Hodge was required to do under the
program is confidential," according to Glessner.
So the Lafferty-Moon Ranch voter fraud case is now neatly
"wrapped up" with no trials, no one having to take the stand
to answer questions under oath, no conspiracy charges, and
as far as we can tell, no actual jail time served. Most
importantly, there has been no apparent effort to answer our
questions about whether anyone above the level of McClure
and Henricksen, anyone who actually stood to benefit from
the fraud, was involved in this crime.
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May 3, 1999: Supervisor Mike
Kerns appears before the Petaluma City Council to discuss
various issues. As reported in the May 5 Press Democrat,
"...Kerns rebuffed the City Council's request to ease county
requirements for improving Sonoma Mountain Road in order to
open Lafferty Ranch as a park. 'The roadway is a problem,'
Kerns said. 'The county doesn't want to assume the
additional liability potential for a city park. That's
basicially the position.'"
This is in reference to the county's insertion into the
Lafferty EIR a wholly unprecedented requirement that the
road to Lafferty meet stringent national ("AASHTO")
standards.
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May 27, 1999: Sonoma County
publishes its long-awaited draft Outdoor Recreation
Plan.Lafferty Ranch, which has been a proposed parksite in
county plans for decades, is downgraded to a proposed
"preserve," which might suggest limited access. A long
sought proposed trail connecting Lafferty with other parks
is deleted from the draft.
Despite all this, Lafferty foes go ballistic that the park
is even mentioned in the plan. Stephen Butler, who is
routinely identified in the Press Democrat as "an attorney
for Sonoma Mountain landowners," writes to the county that
the mention of Lafferty "will hang like an albatross around
the neck of the recreation plan."
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August 24, 1999: Sonoma
County Supervisors hold two public workshops on the Outdoor
Recreation Plan, to which hundreds of supporters of trails
and natural parklands turn out and speak. Four Petaluma city
councilmembers, Jane Hamilton, David Keller, Pamela
Torliatt, and Janice Cader-Thompson, speak on the need for
more parks and trails in south county and asking for county
support in opening Lafferty.
Supervisor Mike Kerns responds, as quoted in the September
1, 1999 Press Democrat: "If the City Council wants to make
Lafferty a park, go right ahead and do it. I'm not going to
get into that....I'm not going to get involved.''
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September 2, 1999: A scathing
editorial in the Press Democrat takes Mike Kerns to
task for "detached if not provincial" stance on Lafferty.
"Kerns is wrong if he believes this is Petaluma's battle
alone to fight. If the county is as committed to open space
as it ought to be, it should be supporting Petaluma at every
turn and working to overcome the damage done by rancher
Peter Pfendler, the principal opponent to public access."
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September 14, 1999: At a
followup meeting of the Board of Supervisors, several
Supervisors including Mike Kerns ask that the long-sought
trail over Sonoma Mountain be added to the Outdoor
Recreation Plan. As reported by Susan
Lauer in the 9/21 Argus Courier:
"On Wednesday, Kerns said he always has
supported a trail over Sonoma Mountain, whether that be
through Lafferty or other properties. But his support should
not be construed as unabashed support for a Lafferty trail
link."
(One supposes that abashed support is better
than none. - Ed.)
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September
21, 1999: The neighboring
town of Sonoma votes 77% to save city-owned, hillside open
space overlooking their central plaza. Their issue has some
differences from Petaluma's Moon-Lafferty swap of 1994-96,
but also important similarities: wealthy private interests
attempted to wrest away a parcel of public land for their
own purposes, and tried to influence local politics in a
heavy-handed way, outspending hillside preservationists more
than 12-1. Citizens rejected this attempt to privatize their
commons, saying very forcefully that neither precious public
open space nor voters are for sale in Sonoma. For more on
the Sonoma issue, see http://www.vom.com/yesona
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December 14,
1999: The Press Democrat
(12/14/1999) and the Argus-Courier (12/23/1999) report that
criminal charges are being brought against dairy rancher and
Lafferty neighbor Larry Cheda for his allegedly intentional
discharge of 732,000 gallons of concentrated cow manure and
urine into Washington Creek, which flows through the center
of Petaluma, on February 19, 1999.
"[Deputy District Attorney Jeffrey] Holtzman said the high
volume of ammonia in the waste is extremely toxic to fish
and other aquatic life, and high sediment levels of the
sludge kill life on the creek bed. ... 'It fills the little
spaces between the rocks and pebbles in the creek bed,'' he
said of the waste. 'It can effectively suffocate the life
out of the bottom layer of the food chain. It's extremely
deleterious to fish and bird life.' He said Washington Creek
was already significantly degraded, but if properly
protected it is capable of being a spawning ground for
steelhead."
Cheda's family has been at the forefront of opposition to
public access to Lafferty Ranch. This opposition has argued,
among other things, that hiking trails on Lafferty could
damage steelhead habitat in Adobe Creek (!). Cheda faces up
to two years in jail and $26,000 in fines if convicted of
this crime. A settlement hearing is scheduled for January
10, 2000.
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March 4,
2000: The Press Democrat
(3/4/2000) reports that Peter Pfendler has sold Moon Ranch
for $4.1 million. The buyer, Robery Kingery of Belvedere,
CA, "doesn't envision public use of the land nor does he
plan on ever selling it."
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March 8, 2000: Sonoma
Mountain rancher Larry Cheda pleads "no contest" to
misdemeanor charges that he deliberately polluted Washington
Creek with 732,000 gallons of dairy waste. He is sentenced
to 30 days in jail, but that sentence was suspended. He was
also fined $30,000, $15,000 of which was also suspended. He
was given one year's probation.
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September 28, 2000: The
Draft EIR is (once again) circulated for public comment. A
public meeting is scheduled for November 13, 2000 for the
City Council to decide whether to certify the adequacy of
the EIR.
-
November 7, 2000: City
Council elections are mixed. The top vote-getter is
long-time Lafferty supporter Pamela Torliatt, and the
overwhelming majority of votes cumulatively goes to five (!)
other Lafferty-supporting candidates. This fragmented vote
results in the election of two other candidates, Mike
O'Brien and Bryant Moynihan, who oppose spending more money
to open Lafferty. Nevertheless, we feel there is still a
solid majority on the council committed to opening Lafferty
Ranch park.
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November 13, 2000: The
Petaluma City Council meets jointly with the Planning and
Parks & Rec Commissions to close the EIR public input
period. The hall is filled with Lafferty supporters who
speak passionately about the need for opening the park. The
three city bodies vote unanimously to proceed with
preparation of the Final EIR. Staff and consultants must now
process and respond to 1000 pages of written input, pro and
con.
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March 2, 2001: Tentative
date announced for public hearing on Final EIR and park
project: Monday, March 26, 2001, at 7:00 at Petaluma City
Hall.
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March 26, 2001: Petaluma City
Council directs staff to prepare final CEQA documentation
and respond to the county's challenges with regard to Sonoma
Mountain Road. Project approval now expected in late summer,
2001.
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October 16, 2001: Petaluma
City Council certifies the 2000 page EIR as complete and
accurate, but defers action on approving the project, citing
lack of funds and lack of county cooperation. Lafferty
supporters will now shift their focus toward securing those
items.
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January 13, 2002: 50 Lafferty
Supporters, led by Friends of Lafferty Park, undertake a
seven mile walk and demonstration from downtown Petaluma to
the (locked) gate of Lafferty. The purpose is to call
attention to the fact that the park is still off limits to
the public after 40 years in the City's general plan, 38
years in the County's general plan, and 10 years of actively
working to open the park. Another aim is to call for the
county and Open Space District to support the park, which
will serve residents and visitors from throughout the area,
not just Petaluma. See these news
articles and photos of the event. FLP promises that
similar events will be held regularly until the park is
open.
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February 24, 2002: January's
"Walk to the Park" is repeated with upwards of 100
participants, including participants from throughout Sonoma
County. Walks continue in the coming months.
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May 28, 2002: The Sonoma
County Board of Supervisors rejects Petaluma's application
for Open Space funding, via sale of Lafferty's development
rights to the District, to be used to open Lafferty Park.
This decision (Kerns, Kelley, and Smith voting against
Petaluma's application, only Mike Reilly voting in favor)
followed 90 minutes of passionate public testimony from a
room packed with Lafferty supporters.
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June 16, 2003: Friends of
Lafferty Park announces that Bonnie Mitsui, owner of a
630-acre ranch adjacent to Lafferty Park, covering much of
the top part of Sonoma Mountain, has offered to donate a
trail easement across her ranch to the State of California,
provided the state makes the connections to Lafferty and to
Jack London State Historic Park on the northeastern slope of
the mountain.
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May 3, 2004:
The Petaluma City Council adopts Resolution
2004-074, encouraging state and local agencies to
create a park and trail network on Sonoma Mountain to
include Lafferty and a Mitsui trail
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June 21, 2004:
Petaluma City Councilmember Clark Thompson, who was the
swing vote in favor of the above resolution, asked to
reconsider it, then voted to rescind it along with members
Mike Harris, Mike O'Brien, and Bryant Moynihan.
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January 26, 2005: KGO (ABC-7)
television broadcasts coverage of the Lafferty Park
controversy entitled , "Publicly
owned land that's completely off limits."
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June 20, 2007: Articles in the Press
Democrat and Argus-Courier
announce the death of long-time Lafferty Park opponent Peter
Pfendler. Petaluma Mayor Pam Torliatt is quoted as
saying, "This may turn a page in the story of
Lafferty". Stay tuned.
Looking
toward the future
Significant events will be added to this
chronology as they occur. To learn how you can help write the
final chapters of this saga, see our future
outcomes page.
Note about sources: Parts of this chronology are
taken from Bruce Hagen's whitepaper,
which includes some source citations. Virtually all events are
documented in the Press
Democrat or the Petaluma Argus
Courier on or shortly after the cited date.
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