Leadership that delivers Lafferty

#94, May 29, 2002

Late last month, our supervisor, Mike Kerns, joined by Supervisors Paul Kelly and Tim Smith, rejected the city of Petaluma's application for Open Space District funding to help open Lafferty Park. I'm trying to figure out why - especially for Supervisor Kerns, who earlier claimed to support the city.

In the Argus' June 5 story, Kerns said the OSD staff report influenced his "somewhat of a change of mind." The report reads like other county staff reports on Lafferty, where the staff was under pressure to support foregone political conclusions. For instance: ". . . the city makes it clear . . . that the city has no available funds to pursue this project further. This representation poses difficulty to the district to authorize funding to support the city's goal for developing a park at this time." In other words, we can't give you money to open Lafferty Park because you need money to open Lafferty Park. Kerns didn't question this "Catch 22" rationale.

Another concern, expressed by Peter Pfendler's attorney, echoed by Kerns and Smith, was the application's consistency with the district's expenditure plan. More back room monkey business: In August 1997, a senior county bureaucrat, overriding June 1997 and October 1995 written opinions from his department, claimed Lafferty was not consistent with the county General Plan. Why? Lafferty was not a park, he said, but merely a trail, because it didn't have picnic benches or play equipment. We sent Kerns a detailed rebuttal to this claim two weeks before the hearing, but he didn't use it.

Staff also questioned whether Lafferty was threatened with development. Kerns said the clinching argument was the government code requiring the city to offer the property to the OSD before it could sell it to a developer. Think about what he's saying: we're not allowed to buy development rights today for $1 million, which would enable opening Lafferty Park, because we could buy the property in fee for $5 million when the city finally gives up on Lafferty Park. Did he think this through?

The most significant issue raised by staff was the threat of litigation, especially if the city used OSD money for eminent domain proceedings to clear the spurious ownership claims that Pfendler and Al Bettman have made on the patch of shoulder at the Lafferty gate. To reduce the risk of this litigation threat from the neighbors, city officials offered that the city would stipulate to not spend funds on eminent domain. In explaining his vote, Kerns didn't even acknowledge this offer to compromise.

Several people who spoke, including Supervisor Mike Reilly, pointed out that litigation threats should not dictate OSD policy (it's like the police refusing to rescue a kidnapped child because the police might get hurt). Even if it took a full million dollars of OSD money to successfully defend Petaluma's EIR and right of way, that would result in a long-planned, much-needed spectacular park for perhaps a fifth of what the OSD would pay per acre for another property, IF they could find one. Kerns didn't respond to these points.

Kerns suggested the city re-apply under the matching grants program. There are several problems with this. The city would have to clear up the right of way issue before it saw any OSD money, and that could be the most significant expense facing the city, enough to stop the show. It would also allow the county and Pfendler to put more strings on the project (like limiting use to docent-led tours.) And, it just adds more delay, more city staff and volunteer effort, more places for Pfendler's lawyers to set their hooks.

I'm disappointed in Mike Kerns. It appeared he had his mind made up before any of the several dozen Lafferty Park supporters spoke, that he had developed a rationale for voting it down without triggering public outrage.

Mike Kerns can still choose. Will it be private preserves in a gated community? Or a mountain park for everyone? He can put his stamp prominently on something that will stand for centuries, if he exercises leadership, and delivers. Help convince him. Call him at 565-2241. And join us on this month's Walk to the Park, June 16 (see www.laffertypark.org.)