HomeMy WebLinkAboutStaff Report 4.C 6/3/2013 A Ite w#4.0
�ALU
w
a `"sc°
185$
DATE: June 3, 2013
TO: Honorable Mayor and Members of the City Council through City Manager
Honorable Chair and Members of the Petaluma Community Development
Successor Agency Board through Executive Director
FROM: Ingrid Alverde, Economic Development/ Redevelopment Manager4(
SUBJECT: Resolution and Ordinance Approving an Assignment'and Assumption Agreement
between the Petaluma Community Development Successor Agency and the City
of Petaluma for the Commercial Lease of the Train Depot Buildings and
Resolution Approving the Successor Agency Recognized Obligation Payment
Schedule for the period Janua y,1, 2014 through June 30, 2014 (ROPS #13-14B)
RECOMMENDATION
It is recommended that the Petaluma Community Development Successor Agency (PCDSA)
approve the attached Resolutions:
1. Approving an Assignment and Assumption Agreement between the Petaluma Community
Development Successor Agency and the City of Petaluma for the Commercial Lease of the
Train Depot Buildings owned by the Sonoina Mann Area Rail Transit (SMART)
(Attachment 1)
2. Adopting a January 1, 2014 Through June 30, 2014 Recognized Obligation Payment
Schedule (ROPS 13-14B) and.Administrative Budget Pursuant to I-Iealth and Safety Code
Section 34177 (1). (Attachment 2)
It is recommended thatthe City of Petaluma introduce the attached Ordinance:
1. Approving an .Assignment and Assumption Agreement between-the Petaluma Community
Development Successor Agency and the City of Petaluma for the Commercial Lease of the
Train Depot Buildings owned by Sonoina Mann Area Rail Transit Authority (SMART)
(Attachment 3)
Agenda Review:
•
City Attorney Finance Director City'Mana
BACKGROUND
On December 29, 2011, the California Supreme Court upheld the constitutionality of ABxI 26
dissolving redevelopment agencies statewide as of February 1, 2012. The Council established
the Petaluma Community Development Successor Agency (PCDSA) as its own legal body to
oversee the dissolution of the former Petaluma Community Development Commission (PCDC).
DISCUSSION
SMART Leases
The assets and enforceable obligations of the former PCDC automatically transferred to the
newly formed PCDSA under the new law. A commercial lease between the former PCDC and
Sonoma Marin Area Rail Transit (SMART) (Lease) was one of those obligations, now under the
authority of the PCDSA. That Lease will expire on August 1, 2013 unless the PCDSA exercises
one of the two available five-year lease options. Until now, the State Department of Finance
(DOF) authorized that Lease and the associated lease payments as an enforceable obligation of
the PCDSA.
Once the initial term of the Lease expires, the DOF will no longer recognize the Lease as an
enforceable obligation of the PCDSA and will not authorize payments from the pool of what
used to be tax increment funds received by the former PCDC. Thus, in order to preserve the
Lease and assure that the City can sublease or license the leased property to the Arts Council and
the Visitor Center / Downtown Association, the City must accept an assignment of the Lease
from the PCDSA. A form of Assignment and Assumption Agreement is attached (Attachment
4). City Charter requires the City of Petaluma to accept the Assignment and Assumption
Agreement by an Ordinance, which is provided in Attachment 3. The City can then extend the
Lease with SMART and collect rent from the Arts Council and the Downtown Association to
cover the $1,000 monthly rental payments.
PCDC's Sublease with the Arts Council requires the Arts Council to pay $1,250 a month. The
Arts Council cannot pay that level of rent and is working with their board and the community to
identify funds so that they could pay $500 for monthly rent. The Visitor Services License
Agreement (similar to a sublease) does not require a monthly rent payment. Staff is working to
amend the contract for Visitor Services provided by the Downtown Association to include
sufficient funds so that the Downtown Association can pay for monthly rent. Staff will work
with the Downtown Association and the Arts Council to amend their agreements and assign them
to the City as necessary.
Staff has already communicated with SMART and SMART has tentatively approved the
requested five-year lease extension subject to the assignment of the Lease to the City.
PCDSA Recognized Obligation Payment Schedule (ROPS 13-14B) and Administrative Budget
The Successor Agency is required to adopt a six-month list of enforceable obligations called a
Recognized Obligation Payment Schedule (ROPS), together with an administrative budget. The
2
upcoming ROPS period is January I, 2014 — June 30, 2014 and is referred to as the ROPS 13-
14B because it is the second budget for the 2013-14 fiscal year. The attached ROPS requests
funds to pay for ongoing debt service and administration. It also includes a request to use
available bond proceeds for East Washington and the Rainier Cross-town Connector. This
request anticipates that Petaluma will receive a Finding of Completion from DOF once the
Successor Agency remits the unencumbered balance in its non-housing accounts to the County
Auditor-Controller for distribution to the taxing entities. Obtaining a Finding of Completion will
allow the Successor Agency to spend pre-2011 bond proceeds on bond-eligible projects, upon
the approval of the Oversight Board and DOF, without an existing enforceable obligation
(agreement) in place.
The ROPS and the administrative budget are due to DOF by September 1, 2013 and must first be
reviewed and approved by the Oversight Board. The Oversight Board is scheduled to review the
ROPS and administrative budget in June of this year. The early due date provides sufficient time
for DOF to review the listed items and confer with Successor Agencies in time for the December
distribution of property taxes. The attached resolution (Attachment 2) includes the ROPS 13-
14B and the administrative budget for your review and consideration (Exhibit A of Attachment
2).
FINANCIAL IMPACTS
The City intends to recover $1,000 of the monthly SMART Lease payment through rents paid by
the Arts Council and the Downtown Association, which currently occupy the buildings subject to
this Lease.
The ROPS 13-14B, once approved by the Oversight Board and the State Department of Finance,
will provide for the needed funds to administer the PCDSA and pay for enforceable obligations
of the PCDSA during the first six months of 2014.
ATTACHMENTS
1. Resolution of the Petaluma Community Development Successor Agency Approving an
Assignment and Assumption Agreement between the Petaluma Community Development
Successor Agency and the City of Petaluma for the Commercial Lease of the Train Depot
Buildings owned by the Sonoma Marin Area Rail Transit(SMART)
2. Resolution of the Petaluma Community Development Successor Agency Adopting a Six-
Month Recognized Obligation Payment Schedule (ROPS 13-14B) and Administrative
Budget Pursuant to Health and Safety Code Section 34177 (l)
3. Ordinance of the City of Petaluma approving an Assignment and Assumption Agreement
between the Petaluma Community Development Successor Agency and the City of
Petaluma for the Commercial Lease of the Train Depot Buildings owned by the Sonoma
Marin Area Rail Transit (SMART)
4. Assignment and Assumption Agreement between the Petaluma Community Development
Successor Agency and the City of Petaluma for the Commercial Lease of the Train Depot
Buildings owned by the Sonoma Mann Area Rail Transit (SMART)
3
funds to pay for ongoing debt service and administration. It also includes a request to use
available bond proceeds for East Washington and the Rainier Cross-town Connector. This
request anticipates that Petaluma will receive a Finding of Completion from DOF once the
Successor Agency remits the unencumbered balance in its non-housing accounts to the County
Auditor-Controller for distribution to the taxing entities. Obtaining a Finding of Completion will
allow the Successor Agency to spend pre-2011 bond proceeds on bond-eligible projects, upon
the approval of the Oversight Board and DOF, without an existing enforceable obligation
(agreement) in place.
The ROPS and the administrative budget are due to DOF by September 1, 2013 and must first be
reviewed and approved by the Oversight Board. The Oversight Board is scheduled to review the
ROPS and administrative budget in June of this year. The early due date provides sufficient time
for DOF to review the listed items and confer with Successor Agencies in time for the December
distribution of property taxes. The attached resolution (Attachment 2) includes the ROPS 13-
14B and the administrative budget for your review and consideration (Exhibit A of Attachment
2).
FINANCIAL IMPACTS
The City intends to recover $1,000 of the monthly SMART Lease payment through rents paid by
the Arts Council and the Downtown Association, which currently occupy the buildings subject to
this Lease.
The ROPS 13-14B, once approved by the Oversight Board and the State Department of Finance,
will provide for the needed funds to administer the PCDSA and pay for enforceable obligations
of the PCDSA during the first six months of 2014.
ATTACHMENTS
1. Resolution of the Petaluma Community Development Successor Agency Approving an
Assignment and Assumption Agreement between the Petaluma Community Development
Successor Agency and the City of Petaluma for the Commercial Lease of the Train Depot
Buildings owned by the Sonoma Marin Area Rail Transit (SMART)
2. Resolution of the Petaluma Community Development Successor Agency Adopting a Six-
Month Recognized Obligation Payment Schedule (ROPS 13-14B) and Administrative
Budget Pursuant to Health and Safety Code Section 34177 (I)
3. Ordinance of the City of Petaluma approving an Assignment and Assumption Agreement
between the Petaluma Community Development Successor Agency and the City of
Petaluma for the Commercial Lease of the Train Depot Buildings owned by the Sonoma
Marin Area Rail Transit (SMART)
4. Assignment and Assumption Agreement between the Petaluma Community Development
Successor Agency and the City of Petaluma for the Commercial Lease of the Train Depot
Buildings owned by the Sonoma Marin Area Rail Transit(SMART)
3
Attachment 1
RESOLUTION NO.
A RESOLUTION OF THE PETALUMA COMMUNITY DEVELOPMENT SUCCESSOR
AGENCY APPROVING AN ASSIGNMENT AND ASSUMPTION AGREEMENT
BETWEEN THE PETALUMA COMMUNITY DEVELOPMENT SUCCESSOR
AGENCY AND THE CITY OF PETALUMA FOR THE COMMERCIAL LEASE OF
THE TRAIN DEPOT BUILDINGS OWNED BY SONOMA MARIN AREA RAIL
TRANSIT (SMART)
WHEREAS, the City of Petaluma (City) resolved to act as the Petaluma Community
Development Commission Successor Agency (PCDSA or Successor Agency) to, and assumed
all rights and obligations of, the former Petaluma Community Development Commission
(PCDC); by Resolution No. 2012-03; and
WHEREAS, the City Council established the PCDSA as an independent public entity
pursuant to Health and Safety Code Section 34173(g); on August 6, 2012, by Resolution No.
2012-118 N.C.S.; and
WHEREAS, the liability of the PCDSA is limited pursuant to Health and Safety Code
Section 34173(e) and other applicable law; and
WHEREAS, the former PCDC entered into that certain Commercial Lease with the
Northwestern Pacific Railroad Authority for the Old Train Depot Buildings and the associated
improvements, identified as Sonoma County Assessor's Parcel Number 007-131-004 (Lease);
and
WHEREAS, the Lease was assigned to the Sonoma Marin Transit Authority by the
Northwestern Pacific Railroad Authority in 2004; and
WHEREAS, pursuant to Health and Safety Code Section 34175 (b), all leases of the
former PCDC were transferred to the PCDSA as a matter of law as of February 1, 2012; and
WHEREAS, the State Department of Finance (DOF) has disapproved use of tax
increment funds of the former PCDC, now referred to as Redevelopment Property Tax Trust
Funds, to pay the Lease expenses after the initial Lease term expires on August 1, 2013; and
WHEREAS, to preserve the Lease terms and continue leasing the property through
available options to extend the Lease term, the PCDSA wishes to assign the Lease, and an
associated sublease and license agreement, to the City; and
4
WHEREAS, the City is willing to accept such assignment and to assume all of PCDSA's
rights and obligations thereunder; and
WHEREAS, pursuant to Health and Safety Code Section 34181(e), the Oversight Board
for the Successor Agency must approve such proposed assignment.
NOW, THEREFORE, BE IT RESOLVED BY THE PETALUMA COMMUNITY
DEVELOPMENT SUCCESSOR AGENCY, that the Successor Agency hereby:
1. Subject to the approval of the Oversight Board, authorizes the Executive Director to
execute an Assignment and Assumption Agreement (substantially in the form
attached as Exhibit A) between the Petaluma Community Development Successor
Agency and the City of Petaluma for the Train Depot Buildings:and Property located
on Assessor's Parcel Number 007-131-004.
2. Furtherauthorizes the Executive Director to execute such other and further
documents, including without limitation assignments of a related sublease and a
license, and to take such other and further action as necessary or appropriate, to carry
out the intent of this Resolution.
3. Authorizes and directs the Executive Director or his designee to transmit this
Resolution and all related information to the Oversight Board for the Successor
Agency.
4. Declares that if any provision,sentence, clause, section, or part of this Resolution is
found to be unconstitutional, illegal or invalid, such finding shall affect only such
provision, sentence, clause, section, or part, and shall not affect or impair any of the
remainder.
5
Attachment 2
RESOLUTION NO.
A RESOLUTION OF THE PETALUMA COMMUNITY DEVELOPMENT SUCCESSOR
AGENCY ADOPTING A JANUARY 1, 2014 THROUGH JUNE 30, 2014 RECOGNIZED
OBLIGATION PAYMENT SCHEDULE ("ROPS 13-14B") AND ADMINISTRATIVE
BUDGET PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 (m)
WHEREAS, the City of Petaluma (City) resolved to act as the Petaluma Community
Development Commission Successor Agency (PCDSA or Successor Agency) to, and assumed
all rights and obligations of, the former Petaluma Community Development Commission
(PCDC), by Resolution No. 2012-03; and
WHEREAS, the City Council established the PCDSA as an independent public entity
pursuant to Health and Safety Code Section 34173(g), on August 6, 2012, by Resolution No.
201.2-11:8 N.C.S.; and
WHEREAS, the liability of the PCDSA is limited pursuant to Health and Safety Code
Section 34173(e) and other applicable law; and
WHEREAS, the PCDSA is required to adopt a six month enforceable obligation
payment schedule referred to as the Recognized Obligation Payment Schedule (ROPS), and an
administrative budget, which it has done for each of the initial six-month periods of the newly
formed PCDSA; and
WHEREAS, the fifth ROPS (ROPS 13-14B)and administrative budget, covering the
period from January 1, 2014 through June 30, 2014, are due to the State Department of Finance
(DOF) by September I, 2013; and
WHEREAS, the Oversight Board for the PCDSA must review and approve the ROPS
13-1413 and administrative budget prior to their submission to DOF; and
WHEREAS, in adopting ROPS 13-14 B, the PCDSA will comply with all applicable
posting and notification requirements, including posting the ROPS 13-I4B on the Successor
Agency's website and providing a copy thereof to the Oversight Board forthe PCDSA, the
County Administrative Officer, the Department of Finance, and the Sonoma County Auditor-
Controller; and
WHEREAS, a draft ROPS 13-I4B and administrative budget for the period January 1
through June 30, 2014, a copy of which is attached as Exhibit A, has been presented to the
PCDSA, the PCDSA is familiar with the contents thereof, and the Executive Director has
6
recommended approval of the same, subject to the contingencies and reservation of rights set
forth in this Resolution; and
WHEREAS, the PCDSA reserves the right to challenge the legality of Assembly Bill xl
26, AB 1484 and/or any implementing regulations, and to rescind its acceptance of Successor
Agency rights and obligations, and reserves any and all rights concerning Assembly Bill xl 26
and AB 1484 pursuant to applicable law; and
WHEREAS, the PCDSA reserves the right to further amend the ROPS 13-14B and
administrative budget; and
WHEREAS, in adopting the ROPS 13-14B and administrative budget,the PCDSA does
not intend to waive, nor shall the PCDSA be deemed to have waived, any rights the PCDSA may
have pursuant to or in connection with any obligation listed on the ROPS 13-14B and
administrative budget, including without limitation, the right to modify, amend, terminate or
challenge any obligation listed on the ROPS 13-14B or the administrative budget.
NOW, THEREFORE, BE IT RESOLVED BY PETALUMA COMMUNITY
DEVELOPMENT SUCCESSOR AGENCY PURSUANT TO HEALTH AND SAFETY
CODE 341710), that the Petaluma Community Development Successor Agency hereby:
I. Finds that the Recitals set forth above are true and correct, and are incorporated
herein by reference.
2. Approves the Recognized Obligation Payment Schedule for the period January I
through June 30, 2014 (ROPS 13-148) and the administrative budget, attached hereto
as Exhibit A, pursuant to Health and Safety Code section 34177(m), subject to all
reservations of rights and contingencies set forth above.
3. Authorizes and directs the Executive Director or his designee to take all actions
necessary to implement this Resolution, including without limitation, the submission
of the draft ROPS 13-14 B simultaneously to the Oversight Board for the PCDSA, the
Sonoma County Administrative Officer, the Sonoma County Auditor-Controller, and
the State Department of Finance; and the posting of this Resolution and the
Recognized Obligation Payment Schedule 13-14B on the Successor Agency's
website.
4. Declares that if any provision, sentence, clause, section, or part of this Resolution is
found to be unconstitutional, illegal or invalid, such finding shall affect only such
provision, sentence, clause, section or part, and shall not affect or impair any of the
remainder.
7
Exhibit A
5 S P'. 86m_g i
E -
8
ggg°esm
g
tri
E
I Lm
e8 § 8
aa'mF : ga g
l g "agalg I g g
3 F Z Z S 3 5 3 3 5 S 3 4 S f f F 3 5 5 £ S f S f 2 .'F E
EEESEE §§ § M 8 8888a8888HEF88888883 § 8 § 3
a as a ° -
I . 9 a 8 8 a S
w
d e v s v S < £
a 5s 6 ,§- 61' t 3 a o a o € r E f ' t € gE E 0, -
4& ° Et $ T . a g _ cxi & pC ko16E
piFiiii a E .1 , ,, zin thfiWa " rE axss m.155 " v „ e en _ 18‹x ff f 8 _ _
ffi z a S
S M § y 0 tE, Li
:II 666c6s � s
° m <S s ° ji,. igz y § 'tl' HnM1
s ,8 1 8 s_ o % 8
x
EEm 8 . a ° F0 Na 330 3s acSF 12gJG
'O €o ... -
p _
ar - F . m m
ig ,EA
.11'..
ia -• a 8
8
43 .rn 385Er MIA ! W gg s
m WEE e E E E v
sE & 56,t . F 17 E 8E
aeassaE s '° l ! - IIEx t , 'Wg naa - r
g ss� ga 6s.�5 � 353§,sp cav `.s % w0' aw gy . 3
__-_.. ... PRr-pn 2WFmF p
Exhibitiii:
Y
S .
E
1. ( gm mm w _9
it
ww »w
R 3 R
P
A
€ E ¢ gg Mg w
. 9 .
Na .
di
P.
E c
tl
--
m° E
1 w
d e a e E es e e az e E e e a a I e ae aa e I�E a I a I z I a I a E s aI
set 8888s1xa 288 § 8 § K s x § xm m
a a a a a a a a
E ;q E G G tl E R
�u'. E P F P P p a o E S t C m
' g',i I f E E E 2 s F s@ ff@ e r c e E t d fl ".n. ..- y 3
Lea E 9 F F F s E E fr 2 tl 8 e k 8 g EA E E E E W s mg M Entn
i " a X & ! 3 § 69, EEE 9gg9q.9 EEE ey o - gE £RRx ' ATxA •
o Eo.,t E F E 2 E ¢8 . 3 g 3 g l 8 s° e o 2 rY 3 R E 3 'E E o 9 E g < �S i
£ S E a S r E 9 y % a 5 E
2 E E E £ S A g 6 e 5 s a EE i, E ' E o f o E i E 5 E s ^ o°
y 3 3 i u f u y 3 h E g N n ¢ 5 i 3 d s 2 .. rc u.1 3 J
E E 3
mg p _ _
m Et E F5 0 0 A E
$ E Aaaa r1 y
6 E e $ g E E M E t t g r : e S E ffi, A a & E 5! S q
a ,Z a aH g x L g E E.; o yv p y e . s Y
$$ K' " E p d L L 5s 4333 €. e @ 5 '
k' khlm. B M°' 8 l a " av sw € A'a ss'g ., F
E MM o E5 S J w y N y y Q
b ' m m Z S F F I F F a
. w e m m _ _® R n g n r RR F g R m m R W F At m 9
Exhibit.A
PETALUMA'COMMUNITY."DEVELOPMENT'SUCCESSOR,AGENCY
Administrative Budget 2013=2014
ROPS 13-14 A & B
FY 13-14A FY 13-146 Total for Year
Wages and Benefits $ 93,087 $ 93,090
Professional Service/Audit 2,750 12,250
Utilities/Maintenance/Repairs 2,000 2,000
Legal Services 5,000 5,000
Office Supplies 200 200
Cell Phone 460 460
Office Rent 3,000 3,000
Bank/Trustee fees 0 9,000
$ 106,497 "$ 125;000 $ 231,497
10
• Attachments 3
EFFECTIVE DATE ORDINANCE NO., N.C.S.
OF ORDINANCE -
Introduced by Seconded by
ORDINANCE OF THE.CITY'COUNCIL OF THE CITY OF'PETALUMA APPROVING THE
ASSIGNMENT AND ASSUMPTION AGREEMENT BETWEEN•THE PETALUMA COMMUNITY
DEVELOPMENT SUCCESSOR AGENCY AND THE CITY OF PETALUMA FOR THE COMMERCIAL
LEASE OF THE TRAIN DEPOT BUILDINGS OWNED BY THE SONOMA MARIN AREA RAIL
TRANSIT'AUTHORITY
WHEREAS, the City of Petaluma (City) resolved to act as the.P.etaluma Community
Development Successor Agency (PCDSA or SuccessorAgency) to, and assumed all rights and
obligations of, the former Petaluma Community Development Corrimission (PCDC), by
Resolution No. 2012-03; and
WHEREAS, the City Council established the PCDSA as an independent public entity
pursuant to California Health and Safety Code Section 34173(g), on August 6, 2012, by
Resolution No. 2012-118 N.C.S;; and
WHEREAS, the liability of the PCDSA is limited pursuant to California Health and Safety
Code Section 34173(e) and.other applicable law; and
WHEREAS, the former PCDC entered into that certain Commercial Lease with the
Northwestern Pacific Railroad Authority for the Old Train Depot Buildings and the associated
improvements, identified as Sonoma County Assessor's Parcel Number 007-131-004 (Lease); and
WHEREAS, the.Lease was assigned to the Sonoma.Marin Area Rail Transit Authority
(SMART) from the Northwestern Pacific Railroad Authority in 2004; and
WHEREAS, pursuant to California Health and Safety Code Section 34175 (b), all leases of
the former PCDC were transferred to the PCDSA as a matter of law as of February 1, 2012; and
WHEREAS, the State Department of Finance (DOE) has disapproved use of tax increment
funds of the former PCDC, now referred to as Redevelopment Property Tax Trust Funds, to pay
the Lease expenses after the initial Lease term expires on August 1, 2013; and
11
WHEREAS, California:Healthand Safety CodeSection..34:18J (e) authorizes the Oversight
Board for the Successor Agency td renegotiate;enforceable+obligations for the benefit.of the
taxing entities;and
WHEREAS, to preserve the Lease terms and continue leasing the property through
available options to extend the Lease term, the City wishes to.accept an assignment of the
Lease and to assume all of the Successor Agency's rights and'obligations thereunder; including,
without limitation, those pursuant to an associated sublease and license agreement; and
WHEREAS, the Successor Agency has approved assignment of the Lease to the City by
adoption of Resolution no. adopted June 3, 2013; and
WHEREAS, pursuant to California Health and Safety Code Section 34181 (e), the Oversight
Board for the Successor Agency must adopt a resolution authorizing action to assign the Lease
before the City Manager may execute the necessary agreements; and
WHEREAS, Section 46 of the Petaluma City Charter requires'that actions providing for the
acquisition, sale or lease of real property shall be taken by ordinance, except for actions
involving sums of less than $3;000.00 or actions taken pursuant to general state law;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Section 1. Upon approval of the Oversight Board of the proposed Assignment and
Assumption Agreement between the Petaluma Community Development Successor Agency
and the City of Petaluma for the Train Depot Buildings and Property located on Assessor's Parcel
Number 007-131-004 substantially in the form attached•to and made a part of this ordinance as
Exhibit A, the City Manager is authorized and directed to execute the Assignment and
Assumption Agreement as approved by the Oversight Board.
Section 2. Upon approval of the Oversight Board of the proposed Assignment and
Assumption Agreement between the_Petaluma Community Development Successor Agency
and the City of Petaluma for the Train Depot Buildings and Property located on Assessor's Parcel
Number 007-131-004 substantially in the form attached as Exhibit A, the City Manager is further
authorized and directed to execute such other documents, including, without limitation,
assignments of a related sublease and a license, and to take such other actions as necessary or
appropriate to carry out the intent of this Resolution.
Section 3. The City Council finds that adoption of this ordinance snot subject to the
California Environmental Quality Act ("CEQA") pursuant to Section 15060(c)(3) of Title 14,
Chapter 3 of the California Code of Regulations ("CEQA Guidelines"), because the activity is
not a project as defined in CEQA Guidelines Section 15378; and/or is exempt from CEQA
pursuant to CEQA Guidelines Section 15061 (b1(3) because there is no possibility that the activity
May have a significant physical impact on the environment; and/or Section 15305, because the
project is a minor alteration in land use limitations which does not result in any changes in land
use or density.
12
Section.4.. If any section, subsection, sentence„clauses phrase or word of this ordinance
is for any season 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 this 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;shall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council.
Section 6. The City Clerk is hereby directed to publish or post this ordinance or a synopsis
for the period and in the manner provided by the City Charter and any other applicable law.
INTRODUCED and order posted/published this 3rd day of June, 2013.
ADOPTED this day of 20_ by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
[Name] , Mayor
ATTEST: APPROVED AS TO FORM:
Claire Cooper, City Clerk Eric Danly, City Attorney
I3
Attachment 4
ASSIGNMENT AND ASSUMPTION AGREEMENT
(SONOMA COUNTY ASSESSOR'S'P-ARCELNO. 007131-004)
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT ("Assignment"); is made as
of this day of , 2013 ("Effective Date")7 by and between the Petaluma
Community Development Successor.Agency, a public entity ("Assignor"), and the City of
Petaluma, a municipal corporation ("Assignee").
RECITALS
WHEREAS, putsuantto operation of law Assignorsucceeded to the former Petaluma
Community Development Commission as Lessee under that certain Commercial Lease dated
August 1, 2003 ("Lease"), with the,Sonoma-Mann Transit Authority ("SMART") as successor
in interest to the Northwestern Pacific Railroad Authority, and.as Lessorof that certain real
property located in the City•of Petaluma and known as$Sonoma County Assessor's Parcel
Number 007-131-004, together with all improvements thereon'(` Property") as more particularly
described in Exhibit A attached hereto and incarporatea herein by this reference; and
WHEREAS, Assignor:desires to assign to Assigneeithe,Lease; together with Assignor's
related sublease agreement'datedl with the April 4, 2008 Arts:Council ("Sublease") and
Assignors related license agreement dated October 4,2010 with°the Petaluma Downtown
Association ("License") (collectively, the "Agreements"),sand Assignee desires to assume all
rights and obligations of Assignor under the Agreements as°may arise from and after the date of
this Assignment.
NOW THEREFORE,.in consideration of the premises and the mutual covenants herein
contained, the parties hereto:Hereby agree as follows:
1. Recitals. The foregoing Recitals are true and correct, and are incorporated herein by
reference.
2. Assignment. Assignor hereby assigns, sets over and transfers to Assignee all of its right,
title and interest in to and under the Agreements, together with all prepaid rent,and,all security
or other deposits payable.to Assignor under the Agreements.
3. Assumption. Assignee assumes and agrees to perform all obligations of Assignor under
the Agreements, arising as of the date hereof.
4. Deposits., Assignee assumes all liability and obligations of Assignor under the
Agreements to pay rent or other charges, to collect rent or other charges, to return any security
deposits or other deposits of_asimilar nature made by sublessees or licensees in connection with
or pursuant to the Agreements unless and until Assignee delivers such deposits to.a future
sublessor or licensor under the Agreements and gives any notice required by law.
5. Miscellaneous. This Assignment and the obligations of the parties hereunder shall be
binding upon and inure to the benetit of the parties hereto, their respective legal representatives,
14
successors and assigns, hall-be governed by and construed'in:accordaneefwith the.laws of the
State of California,'and may=not:be modified or amended in any manner other,than by a written
agreement signed by'the party to be charged therewith.
6. Severability: If any term or provision of this Assignment or the,application 'thereof to any
persons or circumstances shall,to any extent, be invalid or unenforceable, the remainder of this
Assignment or the application of such term or provision to persons or circumstances other than
those as to which it is held invalid or unenforceable shall not be affected thereby, and each term
and provision of this Assignment shall be valid and enforced toithe,fullest extent permitted by
law.
7. Counterparts. This Assignment may bel executed.in',counteiparts,each of which shall be
an original and all of which'.counter parts takenjtogether shall constituterone and the same
instrument.
IN WITNESS WHEREOF, the undersigned have executed,this Assignment as of the:date
first set forth hereinabove.
ASSIGNOR ASSIGNEE
PETALUMA COMMUNITY CITY OF PETALUMA,
DEVELOPMENT SUCCESSOR AGENCY, a municipal corporation
a public entity
By By:
John Brown, Executive Director John Brown, City Manager
AYIEST: ATTEST:
By By
Claire Cooper, Agency Secretary Claire Cooper, City Clerk
APPROVED AS TO FORM: APPROVED.AS`TO FORM:
By By
Eric W. Dahly,,Agency Counsel Eric W. Danly, City Attorney
15
EXHIBIT'A.
Property.Description
All that portion as described in the Deed to Peter Donahue by Deed recorded March 13, 1871 in
Book 33 of Deeds at Page.82, Sonoma County Records.
EXCEPTING THEREFROM all tliafportion described in the deed to the.City of Petaluma,dated
May 3. 1972. recorded October 17. 1972 in Book,2703 ofOfficial Records at page 12. Sonoma
County Records.
AI.,SO EXCEPTING THEREFROM the Southwesterly 315.-feet of land described in deed
recorded June 15, 1908, Deed Book 249,Page 145. Records of said County.
APN 007-131-004
COUNTY ASSESSOR'S PARCEL'AIAP MX HATE AIWA 7—/3
3-080
. 3-0La
1I eI: I � 1
\ I WASHINGTON T..
1 LSJIVEI ,
Nit\ I I I .Rs rct l PAPCEL MAP MQ 80
�\ II 1 ..a ^ cry OF PETA UMA
h I
\ (
: , ® 032 xq .
.._a,
S .`
1 J 1 ', a O 10 I .
. 1 Q ,e . 3
IS 17,IS•12!2. 3I.IS1
EASr O" \ ! I ST
.,,, ".15 .P 4ti GA<SZd�Jt I 2_,) 1 I w?leehe I '7
uaum'is'�rm FOR t!A 1P -J.st.-soil Men az P:213
.e¢�xr If THE DATA l�tu� y
I
16