County balks on joining Lafferty Ranch lawsuit

Sonoma County supervisors voted Tuesday to stay out of a lawsuit that ultimately could determine long-disputed public access to Lafferty Ranch - a decision one Petaluma City Council member said would not halt the city’s legal bid to open the landlocked city property as a public park.

The Board of Supervisors’ 5-0 vote, in closed session, came nearly a month after Sonoma County Judge Elliot Daum issued a tentative ruling that the city of Petaluma and a citizens group have no legal standing to enforce a county road easement over private property to the 270-acre open space on Sonoma Mountain.

Petaluma City Councilman Mike Healy, who is an attorney, said he’d urged supervisors to join the lawsuit, noting that the 905-square-foot piece of land between Sonoma Mountain Road and the gate to Lafferty Ranch is critical because it provides the only public access to the scenic property. He said Petaluma will push forward with its lawsuit. City Attorney Eric Danly said any decision would come after a final ruling by Daum.

“If the judge’s ruling stands, it would just be the city of Petaluma moving forward,” Healy said. “The majority of the City Council supports the decision for the Lafferty property - it’s gorgeous, and it’s something we’ve owned for more than 50 years that the public would be able to experience.”

The Petaluma City Council on Sept. 15 joined the lawsuit filed in January in a Sonoma County Superior Court.

Plaintiffs in the suit, including Petaluma and Friends of Lafferty Park, urged the county to join to add leverage in their suit against adjacent private property owners, including Kimberly Pfendler and the Bettman-Tavernetti family, who oppose public access to the city land because of privacy, traffic and safety concerns that hikers and other park users could bring.

Matt Maguire, a former Petaluma city councilman and one of the leaders of Friends of Lafferty Park, said the board’s addition to the suit could have allowed the judge to hand over the land separating private property owners and the public open space, fast-tracking public access.

“We’re disappointed, we’ve been fighting this battle for a long time,” Maguire said. “We thought we had support from this Board of Supervisors. Now, there remains a cloud over that right-of-way.”

Healy called the supervisors’ decision to stay out of the lawsuit a “road bump.”

“This is going to make it more challenging,” Healy said. “The county joining in would have meant no more arguing, because they have legal standing.”

Supervisor David Rabbitt, who represents the area and as chairman oversees the meeting agendas for the county board, characterized the attempt by Lafferty park advocates to convince supervisors to join in their suit as premature.

He said he didn’t want the county to jump in before Daum made his final ruling.

“Even though the Friends of Lafferty group does not have legal standing, Petaluma still has legal remedies available, like eminent domain, that they have not taken,” Rabbitt said. “No one is served by the county joining the suit. The only way things are going to happen is if we get everyone at the same table to talk it out.”

Bill Kortum, the Petaluma environmentalist and former county supervisor, said he and others had attempted to bring the matter before supervisors this year. He said he wanted the input of Supervisor Mike McGuire, who is running for state Senate.

“The county is the owner of that right-of-way, and they should step forward,” Kortum said. “We’re barely hanging on by a string on this whole decision, after 20 years of citizen and Petaluma efforts to open up these gates.”

Others said McGuire’s push to complete a complex and lengthy deal to protect 173 acres atop Fitch Mountain in Healdsburg - in his district - increased their optimism that supervisors would also take on Lafferty Ranch.

“There has been a sea change with the elected officials on this board,” Maguire said. “They realize the importance of the public having access to important wildlands. We don’t know how this board is going to change once McGuire is gone.”

Petaluma purchased Lafferty Ranch in 1959. Attempts to open the open space to the public, however, have foundered over right-of-way disputes with the nearby property owners.

Santa Rosa attorney Les Perry, who represents Kimberly Pfendler and the Bettman-Tavernetti, did not return calls for comment Wednesday.

You can reach Staff Writer Angela Hart at 526-8503 or angela.hart@pressdemo?crat.com. On Twitter @ahartreports.