HomeMy WebLinkAboutOrdinance 2572 N.C.S. 03/21/20161
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EFFECTIVE DATE
OF ORDINANCE
April 21, 2016
Introduced by
Kathy Miller
ORDINANCE NO. 2572 N.C.S.
Seconded by
Teresa Barrett
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
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
Ordinance No. 2572 N.C.S.
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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.
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.
INTRODUCED and ordered posted this 7th day of March, 2016.
ADOPTED this 21 It day of March, 2016, by the following vote:
Ayes:
Barrett, Mayor Glass, Healy, Kearney, Vice Mayor King, Miller
Noes:
None
Abstain:
None
Absent:
Albertson
ATTEST:
avid Glass, Mayor
APPROVPD AS TO FORM:
Claire Cooper, City Clerk Eric W. Danl City Attorney
Ordinance No. 2572 N.C.S.
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