HomeMy WebLinkAboutResolution 2006-119 N.C.S. 06/19/2006 Resolution No. 2006-119 N.C.S.
of the City of Petaluma, California
AUTHORIZING THE CITY MANAGER TO EXECUTE, UPON THE PRIOR
APPROVAL AND EXECUTION BY THE COUNTY OF SONOMA, A MEMORANDUM
OF UNDERSTANDING WITH THE COUNTY OF SONOMA REGARDING
JURISDICTION OVER COMPLIANCE WITH THE PETALUMA QUARRY REVISED
RECLAMATION PLAN, AND THEREAFTER TO EXECUTE AN AGREEMENT WITH
SOUTH PETALUMA PARTNERS LLC REGARDING ATWO-PART ANNEXATION
OF VARIOUS UNINCORPORATED PROPERTIES ALONG AND IN THE VICINITY
OF PETALUMA BLVD. SOUTH (APN'S 019-210-010, 019-210-011, 019-220-012 AND
019-220-027, 019-210-038 AND 019-210-039, ALSO KNOWN AS THE "COMAS
PROPERTIES" AND APN'S 019-210-005, 006, 007, 008, 009, 013, 014, 021, 022, 025, 029,
032, 033, 034, 035, AND 036, ALSO KNOWN AS THE "CONTIGUOUS PROPERTIES")
WHEREAS, the City Council, in June 2005 approved a General Plan Amendment
Prezoning and Vesting Tentative Map for the Lomas residential development project on the
former site of the Dutra Quarry; and,
WHEREAS, the former Dutra Quarry site is subject to a reclamation plan pursuant to the
State Mining and Reclamation Act (SMARA) and that the reclamation of the site is under the
jurisdiction of the County of Sonoma; and,
WHEREAS, pursuant to Condition #64 of the Vesting Tentative Map, the annexation of
the affected Lomas properties cannot occur until the reclamation process is complete, unless the
City Manager, at his discretion, deternlines that the annexation may occur before those
requirements are satisfied; and,
WHEREAS, a Memorandum of Understanding (MOU) between the City of Petaluma
and the County of Sonoma has been drafted to allow the annexation of the affected Lomas
properties to occur at the discretion of the City Manager prior to the completion of the
reclamation process while leaving jurisdiction for compliance with SMARA and the reclamation
plan with the County of Sonoma; and,
WHEREAS, annexation of the affected Lomas properties would create an
unincorporated island of properties; and,
WHEREAS, an Agreement has been drafted between the City of Petaluma and South
Petaluma Partners LLC to allow annexation of the affected Lomas properties (APN's 019-210-
011, 019-220-012 AND 019-220-027) to proceed upon execution of said Agreement as stage one
of a two stage annexation process, and that the second stage, following approval by the Sonoma
County Local Agency Formation Commission and completion of all required steps for the
annexation of the affected Lomas properties, would include the other unincorporated parcels in
the vicinity of the affected Lomas properties and known as the "contiguous properties" (APN'S
019-210-005, 006, 007, 008, 009, 013, 014, 021, 022, 025, 029, 032, 033, 034, 035, AND 036);
and,
Resolution No. 2006-I 19 N.C.S. Page 1
WHEREAS, based on evidence in the record, the City Council has determined that it is
in the best interests of the public health, safety and welfare to enter into said MOU with the
County of Sonoma and to enter into said Agreement with South Petaluma Partners LLC for a two
stage annexation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Petaluma hereby authorizes the City Manager to execute, upon the prior approval and execution
by the County of Sonoma, a Memorandum of Understanding with the County of Sonoma
Regarding Jurisdiction Over Compliance with the Petaluma Quarry Revised Reclamation Plan,
and, thereafter, to Execute an Agreement with South Petaluma Partners LLC Regarding aTwo-
Part Annexation of Various Unincorporated Properties Along and in the Vicinity of Petaluma
Blvd. South (APN's 019-210-010, 019-210-011, 019-220-012 and 019-220-027, 019-210-038
and 019-210-039, also known as the "Lomas Properties" and APN's 019-210-005, 006, 007, 008,
009, 013,. 014, 021, 022, 025, 029, 032, 033, 034, 035, and 036, also known as the "Contiguous
Properties").
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 roved as
Council of the City of Petaluma at a Regular meeting on the 19`x' day of June, 2006, form:
by the following vote:
i
City Attorney
AYES: Vice Mayor Canevaro, Harris, Healy, Nau
NOES: Torliatt
ABSENT: Mayor Glass
ABSTAIN: O'Brien
ATTEST: /
City Clerk ice ayor
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