HomeMy WebLinkAboutResolution 2015-148 N.C.S. 09/14/2015Resolution No. 2015-148 N.C.S.
of the City of Petaluma, California
AUTHORIZING THE CITY MANAGER TO ENTER INTO NEGOTIATIONS
WITH THE CALIFORNIA STATE LANDS COMMISSION AND PETALUMA
SMALL CRAFT CENTER FOR AGREEMENTS THAT WOULD ALLOW FOR
THE USE AND OPERATION OF THE FLOATHOUSE SMALL CRAFT RENTAL
CENTER WITHIN THE TURNING BASIN AND WITHIN CAVANAUGH PARK
LOCATED AT 150 WELLER STREET AND AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT WITH PETALUMA SMALL
CRAFT CENTER FOR THE CONSTRUCTION AND DONATION OF
A RESTROOM AT CAVANAUGH LANDING PARK CONTINGENT UPON
THE USE AND OPERATION OF THE FLOATHOUSE SMALL CRAFT
RENTAL CENTER IN THE TURNING BASIN APN: 007-142-018
WHEREAS, pursuant to Division 6 of the California Public Resources Code, the
California State Lands Commission has jurisdiction over the area referred to as the Petaluma
Turning Basin located adjacent to 150 Weller Street, Petaluma, California, in the Petaluma River
("Turning Basin"); and
WHEREAS, in 1982, the City of Petaluma ("City") entered into a lease with the State
Lands Commission to allow for the City to operate and maintain municipal docking and landing
facilities for the public benefit at the Turning Basin ("Lease"); and
WHEREAS, Greg Sabourin of the Petaluma Small Craft Center has requested approval
of the Floathouse Small Craft Rental Center and Cavanaugh Landing Park Restroom Project
located within the Turning Basin and within Cavanaugh Park located at 150 Weller Street and
consisting of a new floating rental center office and docks on the Petaluma River ("Rental
Center") and a new public restroom facility within Cavanagh Landing Park ("Restroom")
(collectively referred to as "Project"); and
WHEREAS, the Restroom is to be located at Cavanaugh Landing Park, and sited on City
owned property; and
WHEREAS, the Applicant has offered to construct and dedicate the Restroom to the
City and to assist the City in maintaining and securing the Restroom, in exchange for the non-
exclusive right for use of the Restroom by its employees, agents, guests, and invitees of the
Rental Center; and
WHEREAS, the Rental Center is to be located in the Turning Basin, and sited on
property leased by the City from the California State Lands Commission; and
WHEREAS, the Lease does not allow the City to sub -lease the Turning Basin to any
third -party to operate a use similar to the Rental Center; and
WHEREAS, the City Council held a duly noticed public hearing on September 14, 2015
during which the Council considered the Project, the Initial Study/Mitigated Negative
Declaration and supporting documentation referenced therein, and received and considered all
Resolution No. 2015-148 N.C.S. Page 1
written and oral public comments on the environmental effects of the Project which were
submitted prior to and at the time of the public hearing; and
WHEREAS, at the conclusion of the public hearing on September 14, 2015, the City
Council adopted Resolution No. 2015-147 N.C.S., approving the Mitigated Negative Declaration
and adopting a Mitigation and Monitoring Program for the Project; and
WHEREAS, the construction and operation of the Project is contingent upon the
Applicant receiving permission to use and operate a business on property that is owned either by
the City or the California State Lands Commission; and
WHEREAS, the City desires to facilitate construction and operation of the Project as
contemplated in the Mitigated Negative Declaration and accompanying Mitigation Monitoring
Program; and
NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of
Petaluma as follows:
A. The foregoing recitals are true and correct and incorporated herein by reference.
B. The City Manager or his delegate is hereby authorized to enter into real property
negotiations to enter into a new lease with the California State Lands Commission to
allow for the construction and operation of the Project as contemplated in the Mitigated
Negative Declaration; and
C. The City Manager or his delegate is hereby authorized to enter into negotiations with
Petaluma Small Craft Center to develop the terms and conditions under with the City will
allow for the use and operation of the Turning Basin for the Rental Center, contingent
upon the City entering into a lease with the California State Lands Commission that
would allow such use and operation; and
D. The City Manager is hereby authorized to enter into an agreement with Petaluma Small
Craft Center for the construction and donation of the Restroom at the Cavanaugh Landing
Park, contingent upon the Rental Center being an allowed use and operation in the
Turning Basin.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Appre to
Council of the City of Petaluma at a Regular meeting on the 14`h day of September, or
2015, by the following vote:
AYES:
Albertson, Barrett, Healy, Kearney, King, Vice Mayor Miller
NOES:
None
ABSENT:
Mayor Glass
ABSTAIN:
None
ATTEST: uaj-�
City Clerk
ice Mayor
City Attorney
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