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HomeMy WebLinkAboutCC Reso 2019-10 - Wetlands Closed to Public RESOLUTION NO. 2019-10 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH CONFIRMING THAT WETLANDS PARK IS CLOSED TO THE GENERAL PUBLIC AND SHALL REMAIN IN ITS NATURAL CONDITION WHEREAS: 1. The City Council at its regular meeting on December 17, 2014, adopted the provisions of Ordinance No. 1156 which established Wetlands Park as a City Park, which ordinance became effective on January 16, 2015; and 2. Ordinance No. 1156 added subsection P to Ukiah City Code Section 1965, establishing Lot 3 as described in the Grant Deed from the Successor Agency for the City of Ukiah to the City of Ukiah, dated August 31, 2017, recorded with the Mendocino County Recorder on August 31, 2017, by Document No. 2017-11657, a true and correct copy of which is attached hereto as Exhibit A; and 3. Subsection P to Ukiah City Code Section 1965 established Lot 3 as Wetlands Park and provides that Wetlands Park shall not be subject to Ukiah City Code Sections 1966 and shall remain in its natural condition, until a management plan is adopted by the City Council; and 4. Ukiah City Code Section 1966 establishes the days and hours when other City parks are open to the general public; and 5. By excluding Wetlands Park from Ukiah City Code Section 1966, the City Council established that Wetlands Park shall remain closed to the general public in furtherance of the City Council's declared intent to preserve Wetlands Park in its undisturbed natural condition, until the City Council adopts a management plan for Wetlands Park; and 6. Subsection P further provides that other rules and regulations than those prescribed in Division 1, Chapter 12 of the Ukiah City Code, governing Parks and Recreation Facilities in the City of Ukiah, shall also apply, if such rules are adopted by resolution of the City Council; and 7. The City Council seeks to clarify that Wetlands Park is closed to the general public and that members of the public shall not enter or remain on or in Wetlands Park, until the City Council adopts the management plan referenced in Subsection P. NOW, THEREFORE, IT IS HEREBY RESOLVED, that Wetlands Park is closed to the general public and that it shall constitute a violation of Ukiah City Code Section 1965.P for any member of the general public to enter upon or remain in Wetlands Park and any such violation shall be subject to the penalties prescribed in Ukiah City Code Section 2001. IT IS FURTHER RESOLVED that signs are hereby authorized to be placed in conspicuous locations at the boundary of Wetlands Park providing notice that the park is closed to the general public and barriers to public access are hereby authorized to be installed. PASSED AND ADOPTED this 20th day of March, 2019, by the following roll call vote: AYES: Councilmembers Orozco, Brown, Scalmanini, Crane, and Mayor Mulheren NOES: None ABSENT: None ABSTAIN: None Maureen Mulheren, Mayor ATTEST: I i Kristine Lawler, City Clerk