HomeMy WebLinkAboutStaff Report 3.H 03/21/2016DATE:
TO:
FROM:
Agenda Item #3.H
March 21, 2016
Honorable Mayor and Members of the City Council through City Manager
Dan St. John, F.ASCE — Director, Public Works and Utilities
Larry Zimmer, P.E. — Deputy Director
SUBJECT: Adoption (Second Reading) of an Ordinance Approving a Conservation Easement
and a Recreation Conservation Covenant with the Sonoma County Agricultural
Preservation and Open Space District Conveying a Conservation Easement
Regarding a Portion of Real Property Commonly Known as East Washington
Park (APN 139 - 070 -031)
RECOMMENDATION
It is recommended that the City Council adopt an Ordinance Approving a Conservation
Easement and a Recreation Conservation Covenant with the Sonoma County Agricultural
Preservation and Open Space District Conveying a Conservation Easement Regarding a Portion
of Real Property Commonly Known as East Washington Park (APN 139 - 070 -031.)
BACKGROUND
On March 7, 2016, the City Council approved the first reading of an ordinance approving a
conservation easement and a Recreation Conservation Covenant with the Sonoma County
Agricultural Preservation and Open Space District conveying a conservation easement regarding
a portion of real property commonly known as East Washington Park (APN 139 - 070 -031). The
item passed by a vote of 6 -0, with Councilmember Healy absent.
FINANCIAL IMPACTS
Approval of the easement and covenant will allow the grant funding agreement to be executed at
which time the City will receive $2,000,000 that can partially reimburse the $6,494,853 spent on
the completion of Phase 1. The expense of developing the subject ordinance, easement, and
covenant is funded out of the existing CIP budget.
ATTACHMENTS
1. Ordinance Approving Conservation Easement and Recreation Conservation Covenant
ORDINANCE NO. N.C.S.
EFFECTIVE DATE
OF ORDINANCE
Attachment 1
Introduced by Seconded by
AN ORDINANCE APPROVING A CONSERVATION EASEMENT AND A
RECREATION CONSERVATION COVENANT WITH THE SONOMA COUNTY
AGRICULTURAL PRESERVATION AND OPEN SPACE DISTRICT CONVEYING A
CONSERVATION EASEMENT REGARDING A PORTION OF REAL PROPERTY
COMMONLY KNOWN AS EAST WASHINGTON PARK (APN 139- 070 -031)
WHEREAS, Section 46 of the City Charter of the City Petaluma requires that actions for the
acquisition, sale, or lease of real property be taken by Ordinance; and
WHEREAS, on April 16, 2007, the City Council authorized the City Manager to submit an
application to the Competitive Matching Grant Program (Program) of the Sonoma County
Agricultural Preservation and Open Space District (District) for development of East
Washington Park now known as Petaluma Community Sports Fields: APN 139- 070 -031) and if
awarded funding to negotiate, accept a grant and to execute a grant agreement; and
WHEREAS, the City was notified by the District that Program funding in the amount of
$2,000,000 was approved by the District Board of Directors for recreational improvements of the
Property; and
WHEREAS, the City began design and environmental review of the park in 2008; and
WHEREAS, on October 18, 2010, the City Council adopted a Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Plan for the East Washington Park Project pursuant to
the California Environmental Quality Act (CEQA) and approved plans and specifications for
East Washington Park Phase 1; and
WHEREAS, on May 5, 2014, the City Council awarded a construction contract for the East
Washington Park Phase 1 project; and
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WHEREAS, on July 20, 2015, the City Council accepted completion of construction that
included the construction of three lighted playing fields along with roadway, walkway, driveway,
parking and utility improvements; and
WHEREAS, the park is consistent with the City of Petaluma's 2025 General Plan Update and is
specifically identified as a priority project. Development of the park is also consistent with
several of the General Plan's policies and programs; and
WHEREAS, a condition of the District's Program funding is a requirement to convey to the
District a Conservation Easement over the Property and to assign to the District redevelopment
rights over the Property as well as execute a recreation conservation covenant ensuring the park
is available to the public in perpetuity for outdoor recreation as planned in the East Washington
Park Master Concept Plan; and
WHEREAS, the City has negotiated the terms of a Matching Grant Funds Agreement, a
Conservation Easement and Recreation Conservation Covenant between the City of Petaluma
and the Sonoma County Agricultural Preservation and Open Space District Conveying a
Conservation Easement and Assigning Development Rights (Conservation Easement) of 10.68
acres on a portion of real property commonly known As East Washington Park (APN 139 -070-
031).
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
PETALUMA AS FOLLOWS:
Section 1: The City Council approves the execution of the Conservation Easement and
Recreation Conservation Covenant between the City of Petaluma and the Sonoma County
Agricultural Preservation and Open Space District Conveying a Conservation Easement and
Assigning Development Rights.
Section 2: The City Manager is authorized and directed to execute the documents reasonably
necessary to complete the transfer of the Conservation Easement.
Section 3: If any section, subsection, sentence, clause, phrase or work of this Ordinance is
for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent
jurisdiction or preempted by State legislation, such decision or legislation 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, unlawful other otherwise invalid.
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Section 4: This Ordinance shall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council.
Section 5: The City Clerk is hereby directed to publish or post this Ordinance or a synopsis
for the period and in the manner provided by the City Charter and any other applicable law.
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