HomeMy WebLinkAboutStaff Report 5.B 06/05/2017Agenda Item #5.B
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DATE: June 5, 2017
TO: Honorable Mayor and Members of the City Council through City Manager
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FROM: Dan St. Jolt. F., ector, Public Works & Utilities
Jason Earl, Manage " ht Analyst
SUBJECT: Introduction (First Reading) of an Ordinance Authorizing Approval of Lease
PRC7235.1 with the State Lands Commission and Authorizing the City Manager
to Execute All Required Documents for Continued Use of Marina Premises on the
Petaluma River Located Adjacent to 781 Baywood Drive
RECOMMENDATION
It is recommended that the City Council Introduce the attached Ordinance Authorizing Approval
of Lease PRC7235..1 with the State Lands Commission and Authorizing the City Manager to
Execute All Required Documents for Continued Use of Marina Premises on the Petaluma River
Located Adjacent to 781 Baywood Drive.
BACKGROUND
In 1988, by Ordinance 1729 N.C.S., the City executed Lease No. PRC 7235.1 with the State
Lands Commission for 13.89 acres adjacent to the Petaluma River, for a term of thirty years
ending June 30, 2018, with one ten -year option to extend. In 1995, a first, amendment to the lease
was executed to include a fuel dock and pump at the marina, and to adjust the rent retroactive to
July 1, 1991. This amendment was authorized by Ordinance 1983 N.C.S. In 1998, Ordinance
2071 amended the lease a second time regarding a rent increase. In December 2009, Ordinance
2350 N.C.S. amended the lease to increase the annual maintenance dredging volume.
DISCUSSION
In January 2016, the City began discussions with the State Lands Commission regarding the
process of obtaining a marina lease to continue or replace the current agreement, which expires
June 30, 2618. Consideration was given to seeking a ten -year option to extend the current lease,
or to apply for a new twenty -year lease with the State Lands Commission. After several months .
of discussion and research it was determined that it was in the City's best interest to obtain a new
lease.
Benefits of obtaining a new lease included:
A 20 year lease, as opposed to 10 year lease extension.
• Annual lease payments are set from a base rent, which is then adjusted by CPI, which is
easier to calculate and to plan for than the current method of calculating annual rent
based on a percentage of last year's revenues. As well, the initial annual lease will be
$704 lower than it was last year based on the new lease.
• The City may issue, without prior approval, subleases for up to one year for normal
commercial marina activities; this will provide greater flexibility in attracting business
activities to the marina.
• The City is authorized to have up to six liveaboards. Currently "residential use" of the
marina is not allowed. This change will allow the City to charge a live- aboard fee to
cover the extra costs associated with tenants living aboard their vessel. The City has two
years to become compliant with liveaboard allotment.
FINANCIAL IMPACTS
The City will realize a reduction in the annual lease payment to the State Lands Commission. For
fiscal year 2016 -17, the lease payment was $14,184. The amount due for 2017 -18 under the new
lease is $13,480. Additionally, the Marina is authorized for an allowance of live- aboard tenants,
and will benefit from approximately $30,000 in additional revenue.
ATTACHMENTS
1. Ordinance
2. Exhibit A -
PRC7235 — City of Petaluma Marina Lease — Section 1 and 2 (Draft)
3. Exhibit B —
Land Description
4. Exhibit C —
Site and Location Map
5. Exhibit D
— Best Management Practices (BMPs) for Marina Owners
6. Exhibit E —
BMPs for Boaters
7. Exhibit F -
PRC7235 — Attrition Plan
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ORDINANCE NO. N.C.S.
EFFECTIVE DATE
OF ORDINANCE
Attachment 1
Introduced by Seconded by
ORDINANCE AUTHORIZING APPROVAL OF LEASE PRC7235.1 WITH THE STATE
LANDS COMMISSION AND AUTHORIZING THE CITY MANAGER TO EXECUTE
ALL REQUIRED DOCUMENTS FOR CONTINUED USE OF MARINA PREMISES ON
THE PETALUMA RIVER LOCATED ADJACENT TO 781 BAYWOOD DRIVE,
PETALUMA, CA WITH THE STATE LANDS COMMISSION
WHEREAS, THE City of Petaluma 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 pursuant to State Lands Lease No.
PRC 7235.1, as amended; and
WHEREAS, City and State Lands Commission propose to execute Lease No. PRC
7235.1 to supersede the current lease which is set to expire June 30, 2018; and
WHEREAS, the new lease will allow the City up to six liveaboards; and
WHEREAS, the new lease, effective *July 1, 2017, is for a term of 20 years set to expire
on June 30, 2037.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
PETALUMA AS FOLLOWS:
Section 1. The above Recitals are true and correct and incorporated into this ordinance
as findings of the City Council.
Section 2. The City Council approves the lease, between the State Lands Commission
as Lessor, and the City of Petaluma as lessee, a copy of which is attached as Exhibit A.
Section 3. On behalf of the City, the City manager is authorized and directed to execute
documents substantially in accordance with Exhibit A, as determined by the City Attorney, and
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all other documents reasonably necessary to complete the lease transaction.
Section 4. If any section, subsection, sentence, clause, phrase or work 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 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 other 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.
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RECORDED 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
A.P.N. 005- 060 -59
County: Sonoma
Attachment 2 - Exhibit A to Ordinance
LEASE NO. PRC 7235.1
SPACE ABOVE THIS LINE FOR RECORDERS USE
This Lease consists of this summary and the following attached and incorporated parts:
Section 1 Basic Provisions
Section 2 Special Provisions Amending or Supplementing Section 1 or 3
Section 3 ' General Provisions
Exhibit A Land Description
Exhibit B Site and Location Map
Exhibit C Best Management Practices for Marina Owners /Operators
Exhibit D Best Management Practices for Berth Holders and Boaters
Exhibit E Attrition Plan
SECTION 1
BASIC PROVISIONS
THE STATE OF CALIFORNIA, hereinafter referred to as Lessor acting by and through the
CALIFORNIA STATE LANDS COMMISSION (100 Howe Avenue, Suite 100- South, Sacramento,
California 95825- 8202), pursuant to Division 6 of the Public Resources Code and Title 2, Division 3 of
the California Code of Regulations, and for consideration specified in this Lease, does hereby lease,
demise, and let to CITY OF PETALUMA, hereinafter referred to as Lessee, those certain lands
described in Exhibit A hereinafter referred to as Lease Premises, subject to the reservations, terms,
covenants, and conditions of this Lease.
1. MAILING ADDRESS: 202 N. McDowell Blvd., Petaluma, CA 94954
2. LEASE TYPE: General Lease — Public Agency Use
3. LAND TYPE: Sovereign
4. LOCATION: Petaluma River, adjacent to 781 Baywood Drive, city of Petaluma,
Sonoma County, as described in Exhibit A attached and by this
reference made a part hereof.
5. LAND USE OR PURPOSE: Operation, use, and maintenance of an existing commercial
marina, known as the Petaluma Marina, with improvements
authorized under this Lease and more particularly described
herein under "Authorized Improvements."
6. TERM: 20 years; beginning July 1, 2017; ending June 30, 2037, unless
sooner terminated as provided under this Lease.
7. CONSIDERATION: As specified in Section 2, Paragraph 1, and subject to
modification by Lessor as provided for in Section 2, Paragraph
1(C) of Section 2, Special Provisions.
8. AUTHORIZED IMPROVEMENTS: A commercial marina consisting of 220 uncovered
berths, pilings, gangways, fuel dock and pump,
launching ramp, restrooms, harbormaster's office,
bank protection, and six security vessels.
9. AUTHORIZED ACTIVITIES: Docking, Berthing, Side Tie Mooring, Launching,
Harbormaster Office, and Fuel Sales.
10. LIABILITY INSURANCE: N/A
11. SURETY BOND OR OTHER SECURITY: N/A
SECTION 2
SPECIAL PROVISIONS
BEFORE THE EXECUTION OF THIS LEASE, ITS PROVISIONS ARE AMENDED,
REVISED, OR SUPPLEMENTED AS FOLLOWS:
1. CONSIDERATION:
A. BASE RENT: Lessee shall pay Annual Rental in the amount of $13,480 in advance, on or
before July 1st of each year. This rent shall be referred to as "Base Rent" and shall be used to
establish the Adjusted Annual Rent for subsequent years through application of the provisions
of subparagraphs 1(B) through 1(E) of Section 2, Special Provisions below.
B. Expansion of the uses, improvements and activities authorized in Section 1 of this Lease shall
be subject to modification of the Base Rent.
C. ADJUSTED ANNUAL RENT: Total Base Rent shall be adjusted annually on July 1, 2018,
and on July 1st of every lease anniversary thereafter, using the following Rent Adjustment
Formula:
C Current _ CPI - Prior _ CPI +
1 x Previous Year's Rent= Adjusted Annual Rent
Prior CPI
2. For purposes of this agreement, "CPI" means the value indicated for each specified month
in the California Department of Industrial Relations "California Consumer Price Index
1955 - 2017) All Items 1982 - 1984 = 100" published periodically with reference to the
numeric reported indexes for a specified month of such year, Consumer Price Index for All
Urban Consumers, or its successor index, or a reasonably equivalent index acceptable to
Lessor and Lessee. The February CPI value for All Urban Consumers, will be used in the
Adjustment Formula. If that value is not available, the most current value at the time of the
notification will be used.
3. If the Adjusted Annual Rent calculation (paragraph 1 (C) (1), of this Section 2) ever results
in a lower rent than the prior year, the rent shall remain the same as the prior year.
D. NO PRORATION OF RENT: In the event of the termination of this Lease prior to its
expiration date from any cause whatsoever, any annual rental paid in advance shall not be
prorated.
E. LESSOR'S OPTION TO ESTABLISH NEW RENTAL METHODOLOGY AT THE 10-
YEAR ANNIVERSARY: Section 3, Paragraph 3(c) of General Provisions is deleted in its
entirety and replaced with the following:
1) Lessor may, at its option, elect to establish a new Total Base Rent effective on the l Otn
anniversary of this Lease. The new Total Base Rent shall be established through the use of
the methodology suitable for the circumstances and in the State's best interests. Should
Lessor elect to use appraisals, then upon notification to Lessee by Lessor of this election,
Lessor and Lessee shall, in good faith, meet, negotiate and agree upon the terms and
conditions for such appraisal, including the standards and methodology of the appraisal
and how the appraiser or appraisers will be chosen. The appraisal shall be prepared in
accordance with generally accepted appraisal standards as they are adopted from time to
time by the Appraisal Standards Board of the Appraisal Foundation and in accordance with
the provisions of this Section 2, Paragraph 1(E) of Special Provisions. Lessee shall contract
directly with an appraiser, jointly selected by both Lessor and Lessee, who shall perform
the appraisal in accordance with the provisions of this Section 2. Paragraph I.E. The
appraiser selected may include either Lessor's staff, or a qualified private individual or
film.
2) Should Lessor fail to exercise its right to establish a new Total Base Rent on the l Otn
anniversary of this Lease, it may do so at any one of the next nine (9) anniversaries
following such
10th anniversary. No new Total Base Rent shall become effective until
Lessee is given 60 days written notice of the effective date of the new Total Base Rent.
Beginning on the first anniversary of the establishment of the new Total Base Rent
established, under this Section 2, Paragraph 1(E), the new Total Base Rent shall be adjusted
under the provisions of Section 2, Paragraph 1(C).
3) If Lessor does not establish a new Total Base Rent as set forth in this Section 2, Paragraph
1(E), Lessee shall continue to pay to Lessor an Adjusted Annual Rent as calculated in
Section 2, Paragraph 1(C).
2. INVOICES: Lessor may prepare and send an invoice to Lessee for rent due and to notify Lessee
of what CPI value was used in the calculation of the new Adjusted Annual Rent. Lessee
acknowledges that such invoicing is for Lessee's convenience and that Lessor's failure to invoice
shall not relieve Lessee of its obligation to timely pay rent as otherwise stated in this Lease. If
Lessor has not yet sent an invoice, Lessee is permitted to pay prior year's rent amount until
invoiced differently by Lessor.
OPERATOR FOR ALL PURPOSES OF THIS LEASE: "Operator" shall refer both
individually and collectively to Lessee, its operators, sublessees, contractors, and concessionaires
conducting activities from, on, over or adjacent to the Lease Premises.
4. BOOKS AND RECORDS:
A. Lessee and /or Operator shall maintain books and records for the term of the Lease of all
financial transactions relating to the Leased Premises in accordance with generally accepted
accounting principles. These records shall be supported by source documents such as
agreements with renters, copies of invoices, receipts, and other pertinent documents. Lessor
may inspect all of Lessee's and /or Operator's books, records, and documents relating to the
operations on the Lease Premises, at all reasonable times and with reasonable notice. Records
shall include, but not be limited to, Lessee's and /or Operator's Federal and State Income Tax
Returns, and Board of Equalization Tax Returns in order to corroborate information shown on
reports to Lessor. All reports submitted to the Lessor are subject to audit and revision by the
Lessor. Any statutory or other rights that the Lessee and /or Operator may have to object to
such inspection by Lessor are hereby waived.
B. Upon Lessor's written request to Lessee, Lessee shall submit a Report of Gross Income with
all supporting documentation regarding Lessee's and /or Operator's operations on the Lease
Premises (hereinafter collectively referred to as "Income Reports ") and under this Lease for
the prescribed annual reporting period of July 1 to June 30. Provided Lessor requests a Gross
Income Report, Lessee shall provide these reports to Lessor on or before September 30th of
each year and cover all operations and activities within the Lease Premises. The Report of
Gross Income shall include, but are not limited to:
1) All business operations located on or over the Lease Premises shall report gross income for
the complete business operation located on or over the Lease Premises. Then the
appropriate percentage of the business operation over the Lease Premises as shown in
Paragraph 8 and 9 of Section 1, Basic Provisions, shall be applied to derive the gross
income derived from the Lease Premises.
2) The gross income of Lessee, its Operators, sublessees, contractors, concessionaires and all
others generating income shall be reported separately and with sufficient organization and
detail so that Lessor can identify the source of all gross income generated from, on or over
the Lease Premises.
3) Gross Income:
1) To the extent applicable to activities conducted on this leasehold, Gross Income shall
include all income earned on or over the Lease Premises by the Lessee and /or Operator
including, but not limited to:
a) The charges made by the Lessee and /or Operator for the berthing, docking,
mooring or launching of boats whether for cash or credit and whether paid or not;
b) The sales price of any type of food and /or beverage sold by the Lessee and /or
Operator whether for cash or credit and whether paid or not;
c) The charges made by the Lessee or others for the rental of office space, or any
other equipment or product, whether for cash or for credit and whether paid or not;
d) The sales price of all other goods, wares, merchandise, fuel, or products sold by
Lessee or others whether for cash or credit and whether paid or not;
e) Any other income, whether for cash or credit generated directly from, over or on,
the Lease Premises by the Lessee and/or Operator or any other person's operations
and whether paid or not;
2) Allowable Deductions to Gross Income: Gross Income shall not include any sales or
excise taxes payable by the Lessee and /or Operator to federal, state, county or
municipal governments as a direct result of operations under this Lease, provided that
these taxes are clearly segregated and identified in Lessee's and /or Operator's books
and records. Checks and credit card payments returned for insufficient funds or account
closures, and credit card fees may also be deducted from gross income provided that
these items are clearly segregated and identified in Lessee's and /or Operator's books
and records.
3) Allowable Deductions to Gross Sales: Gross sales may be reduced by returns and
allowances on the theory that these sales were never made, and should not have been
included as part of the gross sales, but gross income shall not be reduced by any other
amount other than specified in the preceding Paragraph (2).
4) Cash: Cash includes currency, coin, checks, and money orders.
5) Credit: Credit includes credit card transactions and those transactions made on an open
account for any oral or written promise to pay.
5. MARINA BERTH SUBLETTING:
Paragraph 5(h) and 11 of Section 3, General Provisions is hereby amended as follows:
A. Lessee and /or its operators may issue, without Lessor's prior approval, individual berthing
subleases in conjunction with normal commercial marina subleasing practices for terms of one
year or less.
B. Upon request, Lessee shall provide Lessor with a summary report of berthing activities,
including, but not limited to, the number of subleases in effect on the date of the report, the
number of new subleases since the date of the last report, and the number of subleases
terminated since the last report. This activity summary shall include monthly berth rates and
assigned slip numbers.
C. Individual Berth Subleases shall not be transferable and shall convey no greater rights to a
specific berth than the rights set forth in the sublease agreement and shall be subject to all
Lease conditions, restrictions and covenants, including, but not limited to, the prohibition of
liveaboard use.
D. Except as authorized under subparagraphs 5(A), (B) and (C) above, relating to subleasing for
individual berthing or mooring, Lessee may sublet only with the prior written consent of
Lessor and only for public trust purposes of water - related commerce, navigation, fisheries,
recreation and open space, except as otherwise approved by Lessor.
6. MARINA OPERATION AND MANAGEMENT:
A. Lessee and /or its Operators shall not assign or transfer the operation or management of the
marina facilities on the Lease Premises without the Lessor's prior approval as provided for
in Section 3, Paragraph 11 of this Lease.
B. Expansion of the uses, improvements and activities as set forth in Section 1 of this Lease
shall be subject to Lessor's prior written consent and may be subject to environmental
review prior to their commencement.
C. New Concession Subleases /Operating Agreements in Excess of One Year: Any
sublease /operating agreement for any purpose and having a term in excess of one year shall
be approved by Lessor pursuant to Section 3, Paragraph 11 of this Lease.
D. "Operator ": For purposes of this Lease an "Operator" is defined as the Lessee and any of
its sublessees, contractors, concessionaires, licensees or other parties conducting any
authorized activity on the Lease Premises on behalf of Lessee or any other party.
E. Lessee and /or its operators may designate no more than six navigable vessels to be
occupied and used for the sole purpose of providing 24 -hour marina security. The
designated vessel shall be located in strategically designated slips, subject to the approval
of Commission staff, and shall be required to leave the Lease Premises at least once, for a
minimum of six hours, each 90 -day period. Lessee shall submit to Lessor an annual report
covering the security activities for the year, which shall include the name, slip number and
vessel identification number of the designated security vessel; a summary of the incidents
for the year pursuant to the duty statement; and a log with the scheduled security vessels
departure and return to the marina each 90 -day period. The report and log shall be made
available to Lessor upon request.
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F. Notwithstanding subsection E above, no liveaboards or residential use shall take place on
the Lease Premises.
7. MARINA DREDGING:
No dredging of any kind shall be conducted under the terms of this Lease without separate
authorization from the Lessor.
8. REFUSE CONTAINERS:
Lessee shall provide containers on or immediately adjacent to the Lease Premises to receive trash,
refuse and recyclables generated aboard vessels using Lessee's docking or launching facilities.
Refuse and recycle containers shall be located so as to be conveniently used by occupants of
vessels using Lessee's facilities and shall be of sufficient size and number to contain the refuse
generated aboard all vessels using Lessee's facilities. The containers shall be covered and emptied
regularly enough to prevent them from overflowing or creating unhealthful, unsightly or
unsanitary conditions. The contents of the containers shall be disposed of by Lessee or others
acting pursuant to Lessee's direction at authorized landfills or other garbage and recycle reception
areas as provided under law applicable at the time of collection.
9. PLASTICS:
A. Lessee shall not provide for sale, or allow other parties to provide, any prepared food in
polystyrene foam containers or packaging, nor shall Lessee, or other parties, keep on the Lease
Premises any polystyrene foam containers or packaging of a type, design and condition
appropriate to the preparation of food for consumption on or off the Lease Premises.
B. All packaging for prepared food that is consumed on or off the Lease Premises, or for takeout
service, shall be degradable. Lessee shall provide, upon demand, copies of paid invoices that
verify the purchase of degradable containers in quantities sufficient to validate Lessee's
compliance with this provision.
C. For purposes of this Lease, the following definitions are applicable.
1) "Prepared food" means foods or beverages which are prepared on the lease premises by
cooking, chopping, slicing, mixing, freezing or squeezing, and which require no further
preparation to be consumed.
2) "Food packaging" means all bags, sacks, wrapping, containers, bowls, plates, trays,
cartons, cups, straws and lids which are not intended for reuse on or in which any foods
or beverages are placed or packaged on the Lease Premises.
3) "Takeout food" means prepared foods or beverages requiring no preparation to be
consumed and which are purchased in order to be consumed off the Lease Premises.
4) "Polystyrene foam" means any styrene or vinyl chloride polymer that is blown into a
foam -like material, an example of which is commonly known as "Styrofoam ".
5) "Degradable food packaging" means food packaging which within two years
substantially reduces to its constituent substances through degradation processes
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initiated by natural organisms whose end products are substantially, but not necessarily
entirely, carbon dioxide and water. Degradable food packaging does not include
cellulose -based items that have a synthetic or plastic coating comprising more than 5%
of the total volume of the item.
D. The above conditions shall be in effect until such time as the State Lands Commission adopts
regulations and /or policies on the subject of plastic pollution. To the extent that such policies
or regulations differ from the foregoing provisions and definitions, the parties hereby agree
that the Lease will be amended to incorporate the policies adopted by the State Lands
Commission.
10. SPILL PREVENTION CONTROL AND CONTINGENCY PLAN:
Annually, Lessee shall provide Lessor with a spill prevention control and contingency plan
satisfying requirements of the Office of Oil Spill Prevention and Response and any other state,
federal or local agency having jurisdiction over the facility.
11. PETROLEUM PRODUCTS HANDLING:
The draining or dumping of petroleum products on or adjacent to the Lease Premises is strictly
prohibited. Lessee shall post notices and provide active enforcement against the draining or
dumping of petroleum products, on or near the Lease Premises.
12. MARINE FUEL DISPENSER AND FUEL LINE:
All future repairs, structural modifications or abandonment /removal of the fuel dispensing line or
fuel dispenser within the Lease Premises shall require prior review and approval by Lessor. In the
event of an urgent repair requiring immediate action, telephone contact can be made through
Lessor's 24 -hour emergency response number (562) 590 -5201.
13. BEST MANAGEMENT PRACTICES:
Lessee agrees to implement the Best Management Practices (BMPs) for Marina Owners /Operators
contained in Exhibit C to this Lease, and by this reference made a part hereof. Lessor reserves the
right to modify existing BMPs or require that additional BMPs be implemented as technology
changes, if existing BMPs are not being followed, and /or existing BMPs are found to be
ineffective.
14. Lessee shall include and incorporate the following provisions into all berth and /or mooring rental
agreements entered into after the Effective Date of this Lease:
A. A provision which requires that berth holders maintain their boats in a safe operating
condition, including suitable restrictions on maintenance activities performed at the marina by
berth holders, such as express prohibitions against any bottom paint application or removal
and engine and hull washing;
B. A provision which requires that boat engines shall be in compliance with all applicable
pollution control measures and the berth holders shall exercise their best efforts to reduce air
and water pollution;
C. A provision which incorporates the BMPs for Berth Holders and Boaters as contained in
Exhibit D to this Lease, and an acknowledgment by berth holders that the BMPs may be
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amended from time to time by Lessor. In addition, Lessee shall encourage its tenants to follow
the BMPs for Berth Holders and Boaters by posting such publication in a prominent place
within the Lease Premises.
D. Lessee shall, on the first anniversary of the Lease and on every third anniversary of the Lease
thereafter, provide Lessor a report on compliance with the BMPs required under this Lease.
15. CLIMATE CHANGE
Lessee acknowledges that the Lease Premises and adjacent upland are located in an area that may
be subject to effects of climate change, including sea -level rise. In addition, the Authorized
Improvements in Section 1 herein may require more frequent maintenance to avoid degradation or
dislodgement and to ensure continued function during unusual storm and wave events, and after
storm seasons. To prepare for the potential effects of sea -level rise, including damage from
flooding, erosion, tsunamis, waves, and storrn- created debris, the Lessee shall comply with the
following:
1) Lessee shall conduct a structural assessment of the Authorized Improvements within
180 days of tenth lease anniversary date. The structural assessment shall be performed
by a civil or structural engineer licensed by the State of California. Such assessments
shall be submitted to Commission staff for review and comment within 30 days of
completion.
2) Lessee shall conduct visual inspections of the Authorized Improvements annually at
the end of each storm season and following all major storm events or unusual wave
events such as caused by hurricanes, tsunamis, or King Tides. A written narrative
report detailing such inspections shall be prepared and submitted on or before May 15
of each year for the term of the Lease. The report shall include, but not be limited to:
1) the dates of any major storm events and inspections; (2) who conducted the
inspections and their credentials; (3) detailed descriptions of any damage identified
including pictures; (4) any repairs /maintenance performed or planned as a result of
identified damage; and (5) any repairs identified in previous reports but not completed
prior to report submission.
3) Consistent with Section 3, Paragraph 8, the Lessee assumes the risks associated with
the potential hazards related to sea -level rise and agrees to be solely responsible for all
damages, costs, and liabilities arising as a result of the impacts of such hazards on the
Lease Premises. Any additional maintenance or protection strategies necessitated by
such hazards may require additional approval by Lessor pursuant to Section 3,
Paragraph 5(a) and be subject to environmental review.
16. APPLICATION FOR NEW LEASE:
Lessee agrees to submit no later than two years prior to the expiration of this Lease either: (a) an
application and minimum expense deposit for a new Lease for the' continued use of the Lease
Premises, or (b) a plan for the restoration of the Lease Premises to be completed prior to the
expiration of the lease terms, pursuant to Paragraph 12 of Section 3, General Provisions, of this
Lease. Failure to submit the application and minimum expense deposit or the restoration plan
shall be deemed a default of the Lease under Paragraph 12(b) of Section 3, General Provisions, of
this Lease.
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17. LIVEABOARD ATTRITION PLAN:
Lessor and Lessee agree to the June 22, 2017 "Attrition Plan" (Exhibit E) whereby, within two
years from the beginning date of the lease, the seven liveaboard vessels will be relocated off
sovereign land. Notwithstanding the above plan, Lessee shall at all times comply with Paragraph
5(g) of Section 3, General Provisions, of this lease. Lessee agrees to provide staff with quarterly
progress reports beginning September 22, 2017, reporting the status of the attrition plan. This
attrition plan must be completed no later than June 30, 2019.
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Attachment 3 - Exhibit B to Ordinance
PRC 7235.1
LAND DESCRIPTION
Being portions of the land described in Deed No. 9789 and Deed No.. 17660, recorded February
19, '1953 and January 27, 1956 in Books 11.89 and 1410 of Official Records; pages 305 and 451,
Sonoma County Records, and being a portion of the Petaluma Ranch in Townships 4 and 5
North, Range 7 West, M.D.B. &M., more particularly described as follows:
PARCEL 1
Commencing at the easterly terminus of the, curve with an arc length of 785.9 feet, as.
described in that Deed to Northwestern Pacific Railroad Company, a corporation,
recorded October 24, 1916 in Book 345 of Deeds, page 266, Sonoma County Records,
said point lying on the southerly line of the Northwestern Pacific Railway right -of -way;
said point of commencement being indicated as Point "C" on that Record of Survey
recorded in Book 185 at page 15 of Maps, Sonoma County Records; thence southeasterly
on a tangent to said curve South'760 59' 12" East 785.10 feet to the Point of Beginning of
the herein described parcel;
thence South 10° 09' 03" West 560.70 feet;
thence South 09° 07' 21" East 127.39 feet;
thence* South 61° 06' 16" East 248.49 ,feet;
thence South 070 18' 10" West 130.65 feet;
thence South 54° 52' 52" West 142.34 feet;
thence South 67° 44' 27" West 100.44 feet;.
thence South 50° 53' 43" West 406.86 feet;
thence North 42° 34' 57" West 369.13 feet;
thence North 30° 57' 48" West 554.14 feet;
thence South 41° 04' 00" East .121.55 feet;
thence South 03° 56' 00" West 143.43 feet;
thence.South 86° 4' 00" East 77.00 feet;
thence North 26° 12' 53" East 123.30 feet;
thence North 15° 42' 15" East 93.94 feet;
thence North 05° 09' 40" East 140.00 feet; . .
thence North 10° 16' 45" East 278.00 feet;
Page 1 of 3.
15
thence North 14° 34' 00" East .196.00 feet;
thence South 76'59' 12" East 30.00 feet to the Point. of Beginning, containing 7.527
acres more or less.
PARCEL 2
Commencing at the easterly terminus of that curve with an arc length of 785.9 feet, as
described in that Deed to Northwestern Pacific Railroad Company, a corporation,
recorded October 24, 1916 in Book 345'of Deeds, page 266, Sonoma County Records,
said point lying on the southerly line of the Northwestern Pacific Railway right -of -way,
said point of commencement being indicated as Point "C ", on that Record of Survey
recorded in Book 185 at page 15 of Maps, Sonoma County Records; thence along said
curve to the left with a radius of 352.20 feet,'through a central angle of 71° 24' 08 ", an
-
are length of 438.91 to the Point of Beginning of the herein - described parcel; thence- -
South 411 04' 00" East 362.99 feet;.
thence North 48° 56' 00 East 203.43 feet;
thence South 41° 04' 00" East 221.00 feet;
thence South 03° 56' 00" West 33.00 feet;
thence South 48° 56' 00" West 83.50 feet;
---- - - - -- - - --
thence -South 41° 04 -00 "East 292. 00 - eet; - -- - - - - -- -,. - - - - - -- ------- -- --- - - - - -- ---
thence North 48° 56' 00" East'91.00 feet;
thence South 86° 04' 00" East 28.50 feet;
thence'South 41° 04' 00" East 24.45 feet;
thence South 300 57' 48" West 554.14 feet;
thence South'420 34' 57" East 45.98 feet; thence a curve to the right with a radius of
145.00 feet, through a central angle of 17° 56' 47 ", for an arc length of 45.42 feet; thence
North 24°38' 10" West 696.54 feet; thence along.a curve to the left with a radius of
255.00 feet, through a central angle of 08° 16' 47 ", for an are length of 36.85 feet; thence
North 320 54' 57" West 214.09 feet; thence along a curve to the right with a radius of
145.00 feet through a central. angle of 08° 16' 47" for an are length of 20.95 feet; thence
North 240 38' 10" West 67.50 feet to a point on the previously described curve with a
radius of 352.20 feet; thence along said curve in a northeasterly direction from a tangent
which bears North 210 46' 00" East, through a central angle of 090 50'.40" for an arc
length of 60.51 feet to the Point of Beginning, containing 6.457 acres, more or fes�.
Page 2 of 3
16
END OF DESCRIPTION
Prepared 08/30/2016 by the California State Lands Comunission Boundary Unit.
Page 3 of 3 -
17
NO SCALE'
PARCEL 2
Attachment 4 - Exhibit L to
SITE
APT 005060 -59
rnce
PARCEL 1
781 BAYWOOD DRIVE, CITY OF PETALUMA
NO SCALE LOCATION
PRC 7235.1
_.
_
t
4.1 . CITY OF PETALUMA
_ _ .: ` �+:� ..: , l-.`;. /„' I �;;'.� •_ '> , r -.
tiekS 1UNA k o- :,�:� }{ ,r�J. -�-.. ` APN 005- 060 -59
i`. ' °"�._" �'�. :�,� ��yr^�'� =�i +¢, • ?L. �.�.i �t3 .J T�
�tx'5,,(<<.: s% >„� >`.;�rs�•�r���',Ei,` �?.�' GENERAL LEASE
.� "�:, e e `• •.+.h.' , h, � �' . - ,'<\ . -4
`tn/" ,�, u.r' r�'t, �. ..p ,; ;;�..i:�_ ::�;•, PUBLIC AGENCY USE
e..ti!.'Si� :r (� _,�= -i7�li �.: `!,:1 `•71�t
SONOMA COUNTY'
.�. 'a �r.,. �)t ;R j ii.., l :is�f{ i if • .:.%"i2��i°'C: ,�'�� + .. & =_l..
MAP SOURCE: USGS QUAD
This Exhibit is solely for purposes of generally defining the lease premises, is
based on unverified information provided by the Lessee or other parties and is
not iniended to be, nor shall it be construed as, a waiver or limitation of any State
interest in the subject or any other property.
• Rvn
18
Attachment 5 - Exhibit D to Ordinance
BEST MANAGEMENT PRACTICES FOR MARINA OWNERS / OPERATORS
Petroleum Management
Instruct staff not to use detergents or emulsifiers on a fuel or oil spill.
Post emergency telephone numbers to report oil or chemical spills in prominent
locations at the marina.
Recommend the installation and use of fuel /air separators on air vents or
tank stems of inboard fuel tanks to reduce the amount of fuel spilled into
surface waters during fueling.
Provide a collection site for used oily pads and used oil or provide information on how
and where to dispose of them.
Hazardous Wastes
Have a marina policy to manage hazardous wastes and hazardous materials.
Post a prohibition on the disposal of used oil, antifreeze, paint, solvents,
varnishes and batteries into the dumpster or general collection waste
receptacles.
If you provide for hazardous waste collection, manage the wastes in a proper
fashion through the use of structurally sound, non - leaking containers, in
accordance with all local, state and federal laws.
In the event of a spill or leak, clean up and dispose of materials promptly and properly
and report the spill to all appropriate entities.
If operating a collection facility is not feasible, provide information to your tenants
on how and where to dispose their wastes.
Encourage the use of alternative products to hazardous household chemicals.
There are many non -toxic or less -toxic products that can be used as alternatives.
T
Attachment 5 - Exhibit D to Ordinance
Emergencies
Have an updated map of important shut off valves and make sure all employees know
the locations.
Keep your list of Emergency Phone Numbers and contact persons updated.
Be sure that all employees are trained in emergency procedures and that they know
their responsibilities for each situation as designed in an Emergency Response Plan.
Underwater Boat Hull Cleaning
Require the use of legal hull paints to reduce the
possibility of contamination when performing hull cleaning.
Boat Sewage Discharge
If your marina operates a pump out facility, install adequate signs to identify
the station, its location and hours of operation.
Provide the service at convenient times and at a reasonable cost.
Make the pump outstation user friendly.
Develop and adhere to a regular inspection and maintenance schedule for
the pump out station.
Provide educational information about the pump out station to boaters.
Inform berth holders of existing local, state and federal regulations pertaining to the use
of Marine Sanitation Devices and the illegal discharge of boat sewage.
Post a list of local pump out locations in a conspicuous location such as the entrances to
the docks.
Solid Waste
Keep litter picked up.
Place trash receptacles and dumpsters in convenient locations for
boaters and guests.
20
Attachment 5 - Exhibit D to Ordinance
Use covered dumpsters and trashcans so they do not fill up with
rainwater and do not blow away in heavy winds.
Keep trash enclosures clean and free of debris.
Keep cleanup equipment and materials available.
Inspect trash storage areas regularly.
Dispose of all solid wastes in accordance with local, state and federal
laws and regulations.
Liquid Waste
Train marina employees in oil spill response procedures.
Keep adequate spill response equipment and materials in strategic
locations.
Storm Water Runoff
Maintain a Storm Water Pollution Prevention Plan.
Report spills that have entered or have a potential to enter a water body to appropriate
agencies.
Provide signage adjacent to any storm drain inlet to discourage illegal
dumping of pollutants.
Provide signs adjacent to parking lots that prohibit littering, dumping
and vehicle servicing or washing.
Develop and implement a regular sweeping / cleaning program for hard surface areas.
Reduce or eliminate landscaping and irrigation runoff into the waterway.
3
21
Attachment 6 - Exhibit E to Ordinance
BEST MANAGEMENT PRACTICES FOR GUEST DOCK USERS1 AND BOATERS
Bilge Water Management
Keep bilge area as dry as possible
Regularly check fittings, fluid lines, engine seals, and gaskets
Fix all oil and fuel leaks in a timely manner
Do not drain oil into the bilge
Fit a drain pan, if feasible, underneath the engine to collect drips and leaks
Consider the use oil- absorbent pads, even in small boats.
If a bilge contains oil, absorb as much free oil as possible with a pad. Then
pump the bilge dry and wipe down the bilge and equipment. If a bilge is severely
contaminated, use a pump out service. Never pull the drain plug on a boat with a
bilge full of oil, especially if it is on a launch ramp.
Dispose of oil- soaked absorbents at a proper facility. Check with the marina
operator for guidance.
Do not use detergents or bilge cleaners unless the bilge can be pumped into an
appropriate facility.
Petroleum Containment
Fill portable fuel containers on land or on the fuel dock to reduce the chance of fuel
spills into the water.
Avoid overfilling fuel tanks and attend the fuel nozzle at all times.
Perform all major engine maintenance away from surface water. Any
maintenance work on an engine must be done in compliance with rules and
regulations governing the marina.
1 If the lease is a marina with berths that are rented, use "BERTH HOLDERS" instead of "GUEST DOCK
USERS ".
22
Use petroleum absorption pads while fueling to catch splash back and the
any drops when the nozzle is transferred back from the boat to the fuel
dock.
Keep engines properly maintained for efficient fuel consumption, clean
exhaust, and fuel economy. Follow all manufacturers' specifications.
Immediately report oil and fuel spills to the marina office and the U.S. Coast Guard
National Response Center (Phone # 1 (800) 424 -8802) and other appropriate agencies.
Hazardous Materials
Improper handling of hazardous materials can cause harm to human health
and the environment and can result in serious penalties and expensive cleanup
costs if contaminations occur.
Hazardous wastes generated by recreational boaters are considered
household hazardous waste. Dispose of household hazardous waste in properly marked
containers if provided by the marina or at the nearest appropriate site.
Vessel Sewage
Boaters should never pump out any holding tank in waters inside the three
nautical mile limit. Always remember that it is illegal to discharge raw sewage
from a vessel into U.S. waters.
Pumpout facilities should be used to dispose of stored waste whenever
possible. They are fast, clean, and inexpensive.
Marine sanitation devices (MSDs) must be maintained to operate properly.
Keep your disinfectant tank full, use biodegradable treatment chemicals,
and follow the manufacturer's suggested maintenance program.
Do not dispose of fats, solvents, oils, emulsifiers, disinfectants, paints,
poisons, phosphates, diapers, and other similar products in MSDs.
Whenever possible, use land -based rest rooms rather than onboard ones.
Vessel Cleaning and Maintenance
Ask your marina manager what types of maintenance projects are allowed in the slip.
2
23
Minimize the use of soaps and detergents by washing your vessel more
frequently with plain water.
Do not use cleaners that contain ingredients such as ammonia, sodium,
chlorinated solvents, or lye.
Use hose nozzles that shut off when released to conserve water and
reduce the runoff from boat washing.
Ventilate your space to prevent the accumulation of flammable or noxious
fumes.
Use eye protection and a respirator when there is the possibility that
dust and debris could damage eyes or lungs.
Remove oil, debris and clutter from your immediate work area and dispose of properly.
Avoid spills in the water of all solvents, paints and varnishes.
Carefully read labels to ensure the products are used in a manner that is safe and won't
harm the environment.
Use teak cleaners sparingly and avoid spilling them or fiberglass polishers
in the water.
Sanding and Painting
When working in marinas, use designated sanding and painting areas.
Check with the marina manager for the location and proper use of these
areas.
Work indoors or under cover whenever wind can potentially blow dust and
paint into the open air.
Where feasible, use environmentally friendly tools, such as vacuum
sanders and grinders, to collect and trap dust. Some marinas have this
equipment for rent, check with the manager.
Clean up all debris, trash, sanding dust, and paint chips immediately
following any maintenance or repair activity.
Use a drop cloth beneath the hull to catch sanding dust and paint drops
when working over unpaved surfaces.
When sanding or grinding hulls over a paved surface, vacuuming or
sweeping loose paint particles is the preferred cleanup method. Do not
hose the debris away.
3
24
Buy paints, varnishes, solvents, and thinners in sizes appropriate for the
proposed work to avoid having to dispose of stale products.
When possible, use water -based paints and solvents.
Switch to longer lasting, harder, or non -toxic antifouling paint at your next
haul out.
Paints, solvents, and reducers should be mixed far from the water's edge
and transferred to work areas in tightly covered containers of 1 gallon or
less.
Keep in mind that solvents and thinners may be used more than once by
allowing the solids to settle out and draining the clean product off the top.
When in doubt about proper disposal practices, check with your marina
and /or appropriate government agency.
Boaters should report any illegal discharge of boat sewage to the marina office or
appropriate agency.
Boaters should use environmentally sensitive cleaning supplies that may end up in your
gray water.
Boat Hull Cleaning and Maintenance
Ensure hull paint is properly applied and maintained to protect the hull
from fouling organisms and thus improve your boat's performance.
Wait 90 days after applying new bottom paint before underwater
cleaning.
Schedule regular hull cleaning and maintenance to reduce the build up
of hard marine growth and eliminate the need for hard scrubbing.
Regularly scheduled gentle cleaning will also increase the
effectiveness of the antifouling hull paint and extend its useful life.
Repair paint bonding problems at haul out to avoid further chipping
and flaking of paint in the water.
Use, or ask your diver to use, non - abrasive scrubbing agents, soft
sponges or pieces of carpet to reduce the sloughing of paint and
El
N
debris.
Boaters are encouraged to use boat hull cleaning companies and
individuals that practice environmentally friendly methods.
Solid Waste
Do not dump plastic or any other trash into the water.
Use the dumpsters, trash receptacles and other approved containers to
dispose of garbage and other waste.
5
26
Attachment 7 - Exhibit F to Ordinance
City of Petaluma
Petaluma Marina
Attrition Plan
June 22, 2017
The following represents the attrition plan to transition individuals who are categorized
by the California State Lands Commission as living aboard navigable vessels currently
berthed or anchored in the Petaluma Marina.
It is not known whether or not the individuals have residences in the region. However, it
is known that 13 vessels in the Petaluma Marina do have individuals staying overnight
on a regular basis. Based on the marina layout and the number of berths, a total of six
liveaboards (or two per access gate), referenced in the lease as security vessels, are
authorized pursuant to the terms of the lease. Therefore, seven navigable vessels will
need to relocate elsewhere or change the use from liveaboard to recreational.
Owners of the seven navigable vessels shall receive notification of the requirement to
begin a process of looking for a new place to live. The goal will be to move them as
quickly as possible.
The City of Petaluma will submit a report quarterly to the California State Lands
Commission regarding the progress of the attrition plan. The first quarterly report shall
be submitted no later than September 22, 2017. This attrition plan must be completed
no later than June 30, 2019.
City of Petaluma
Petaluma Marina
Title:
Date:
27