HomeMy WebLinkAboutOrdinance 2350 N.C.S. 11/02/2009EFFECTIVE DATE ORDINANCE NO. 2350 N.C.S.
OF ORDINANCE
December 2, 2009
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Introduced by Seconded by
Mike Harris Teresa Barrett
AUTHORIZING AN AMENDMENT OF LEASE PRC 7235.1 AND QUITCLAIM OF LEASE PRC
8449.9 WITH THE STATE LANDS COMMISSION AND AUTHORIZING THE CITY MANAGER TO
EXECUTE ALL REQUIRED DOCUMENTS
WHEREAS, the City of Petaluma ("Lessee" and "Grantor"), is the lessee of approximately
13.98 acres of real property located adjacent to the Petaluma River in the City of Petaluma,
County of Sonoma, California, as authorized by the State Lands Commission ("Lessor" and
"Grantee") pursuant to State Lands Lease No. PRC 7235.1, as amended; and,
WHEREAS, Lessee also leases the ungranted sovereign land at Petaluma Marina, 781.
Baywood Drive in the City of Petaluma, County of Sonoma, California, as authorized by the
Lessor pursuant to State Lands Lease No. 8449.9; and,
WHEREAS, Lessee and Lessor propose to further amend Lease No. PRC 7235.1 to increase
Lessee's annual maintenance dredging volume from 13,000 cubic yards to 38,303 cubic yards,
at no cost for the dredged material and subject to a prohibition of sale of dredged material;
and,
WHEREAS, such amendment to Lease No. PRC 7235.1 eliminates the need for Lessee to
continue its interest in Lease No. 8449.9.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Section 1. The Recitals are true and correct and adopted as findings of the City Council.
Section 2. The action permitted by the lease amendment is categorically exempt from
the California Environmental Quality Act pursuant to 14 California Code of Regulations ("CEQA
Guidelines") section 15304(g), Minor Alterations to Land, because the activity permitted by the
lease amendment consists of the deposit of maintenance dredging spoils in an area authorized
for such deposit by all stdte and federal regulations.
Section 3. Lease No. PRC 7235.1 is hereby amended, and the City Manager is authorized
to execute the Lease .Amendment attached as Exhibit A hereto, the Quit Claim Deed attached
as Exhibit B hereto, and all documents necessary to amend Lease No. PRC 7235.1 and to
quitclaim Grantor's interest in Lease No. PRC 8449.9 to Grantee.
Ordinance No. 2350 N.C.S. Page 1
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Section 4. If any section, subsection, sentence, clause, phrase or word 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 the 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 or otherwise invalid.
Section 5. This ordinance or a synopsis of it shall be posted and/or published for the
period and in the manner required by City charter.
Section 6. This ordinance shall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council.
INTRODUCED and ordered posted/published this 19'h day of October 2009.
ADOPTED this 2nd day of November 2009 by the following vote:
AYES: Vice Mayor Barrett, Glass, Harris, Healy, Rabbitt, Renee, Mayor Torliatt
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
~~~~
,~ ity Clerk
Ordinance No. 2350 N.C.S.
Page 2
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STATE OF CALIFORNIA
STATE LANDS COMMISSION
AMENDMENT OF LEASE PRG 7235.1
EXHIBIT A TO ORDINANCE
WHEREAS, the State of California, acting through the State Lands Commission, hereinafter
called Lessor, and, the city of Petaluma, hereinafter called the Lessee, have heretofore entered
into an agreement designated as Lessee PRC 7235.1, authorized by the State lands Commission
on August O1, 1988, with an effective date of July 1, 1988; whereas Lessor granted to said Lessee
a General Lease-Commercial Use of certain State Land situated in Sonoma County, and
whereas this General Lease-Commercial Use was first executed by and between Lessor and
Lessee on Sept 20, 1988; and,
WHEREAS, Section 2, Paragraph 4(a) authorizes and maintenance dredging of 13,000
cubic yards of material on the lease premises, and to dispose of such material at United states
Corp of Engineers' disposal sites or elsewhere as directed by Lessee's District Engineer or other
lawful authority; and,
WHEREAS, Section 2, Paragraph 4(b) provides that there shall be a royalty of $0.25 per
cubic yard for material dredged for maintenance purposes that is placed on private or public
property and used for any private and commercial benefit; and,
WHEREAS, on December 7, 1995, Lessor authorized an amendment to said Lease for a
fuel dock and pump for marina, effective July 1, 1991; and,
WHEREAS, it is now the desire of the parties to amend the foregoing Agreement.
NOW, THEREFORE, the parties hereto agree as follows:
Section 2, Paragraph 4(a): The maintenance dredging volume shall be increased to a maximum
of 38,303 cubic yards annually during the lease term. Dredged material shall be placed at the
U.S. Army Corps of Engineers designated upland disposal Site dt Petaluma City dredge Disposal
area and/or Winter Island.
Section 2, Paragraph 4(b): No monetary consideration shall be charged for the dredged
material. The dredged material may not be sold.
The effective date of this amendment to the aforesaid Agreement shall be January 29, 2009.
This Amendment is a portion of document number PRC 7235.1, with a beginning date of July 1,
1988, consisting of four sections with a total of eleven pages.
All other terms and conditions of the lease shall remain in full force and effect.
This agreement will become binding on the Lessor only when duly executed on behalf of the
State Lands Commission of State of California.
IN THE WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date hereafter affixed.
Ordinance No. 2350 N.C.S. Page 3
LESSEE:
CITY OF PETALUMA
By:
Title:
Date:
LESSOR:
STATE OF CALIFORNIA
STATE LANDS COMMISSION
By:.
Title:
Date:
Execution of this document was authorized by
the State Lands Commission
on
Ordinance No. 2350 N.C.S.
Page 4
RECORD AT THE REQUEST OF AND WHEN
RECORDED MAIL TO:
STATE OF CALIFORNIA
California State Lands Commission
Attn: Title Unit
100 Howe Avenue, Suite 100-South
Sacramento, CA 95825-8202
STATE OF CALIFORNIA
OFFICIAL BUSINESS
Document entitled to free recordation
Pursuant to Government Code section
27383
EXHIBIT B TO ORDINANCE
SPACE ABOVE THIS LINE FOR RECORDERS USE
LEASE QUIT CLAIM DEED
WHEREAS, pursuant to lease designated Lease PRC 8449.9, executed by the State Lands
Commission on August 10, 1998, by and between the State of California, acting by and through
the State Lands Commission, as Lessor, and the City of Petaluma, as Lessee, said Lessee was
granted, for a term of ten years, commencing February 18, 2003, the right to use the property
herein described for certain purposes specified in the said lease; and,
WHEREAS, the dredging of the Lease Premises has been authorized under two leases:
Lease Nos. PRC 7235.1 and PRC 8449.9; and,
WHEREAS, the total dredging volume authorized under Lease PRC 7235.1 and Lease No.
PRC 8449.9 is insufficient to allow for safe navigation; and,
WHEREAS, Lessee has applied to amend Lease PRC 7235.1 to authorize sufficient
dredging volume for safe navigation of the lease premises; and,
WHEREAS, Lessee has indicated its intent not to renew Lease No. PRC 8449.9;
NOW THEREFORE, the Lessee does hereby remise, release, and forever quitclaim unto the State of
California any and all right, claim, title, or interest arising by virtue of or pursuant to that certain
lease designated Lease PRC 8449.9, and approved by the State Lands Commission on January
29, 2009, regarding lands located Sonoma County, State of California, and more particularly
described in Exhibit A, attached.
LESSEE: City of Petaluma
By:
Title:
In witness whereof, this Quitclaim Deed is executed this day of
Ordinance No. 2350 N.C.S. Page 5