HomeMy WebLinkAboutStaff Report 3.E 06/19/2017Agenda Item #3.E
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DATE: June 19, 2017
TO: Honorable Ma or and Members of the City Council through City Manager
FROM: Da St. J SC irector, Public Works & Utilities
Jaso , M in Analyst
SUBJECT: Adoption (Second 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 Adopt 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.
BACKGROUND
On June 5, 2017, the City Council approved, by a vote of 6 -0, with Vice Mayor Barrett absent,
the 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. The
recommended action provides for a second reading and adoption of the ordinance.
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 $1.4,184. 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
Ordinance
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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