HomeMy WebLinkAboutOrdinance 2623 N.C.S. 08/07/20171
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EFFECTIVE DATE
OF ORDINANCE
September 7, 2017
Introduced by
Teresa Barrett
ORDINANCE NO. 2623 N.C.S.
Seconded by
Kathy Miller
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AUTHORIZING
APPROVAL OF LEASE PRC8249.1 WITH THE CALIFORNIA STATE LANDS COMMISSION
AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL REQUIRED DOCUMENTS
FOR USE OF THE DOCK LOCATED ON THE PETALUMA RIVER ADJACENT TO 951
PETALUMA BOULEVARD SOUTH, PETALUMA, CA (A.P.N. 008-530-007)
WHEREAS, Section 46 of the Charter of the City of Petaluma requires that specified
actions for the acquisition, sale, or lease of real property be taken by Ordinance; and,
WHEREAS, the City owns in fee simple real property located at 951 Petaluma Blvd., South
Petaluma, CA (Assessor's Parcel Number: 008-530-007), which has been improved with a floating
dock ("dock"); and
WHEREAS, the California State Lands Commission has jurisdiction over all submerged land
for public waterways, and it is required that the owner of the property adjacent to the existing
dock enter into a lease for use of the facility; and
WHEREAS, the City desires to offer community access to the river upon development of
the property at 951 Petaluma Blvd. South as defined in the River Enhancement Plan that was
approved by Resolution 96-138 N.C.S.; and
WHEREAS, the City Council finds this action qualifies for categorical exemption under the
California Environmental Quality Act (CEQA) pursuant to Title 14, Chapter 3 of the California
Code of Regulations (CEQA Guidelines), sections 15061, 15301 and will not result in significant
expansion of use of the dock in terms of impacts on the dock.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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.
Ordinance No. 2623 N.C.S.
Page 1
1 Section 2: The City Council approves the lease between the California State Lands
2 Commission as Lessor and the City of Petaluma as Lessee, a copy of which is attached as Exhibit
3 A.
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5 Section 3: On behalf of the City, the City Manager is authorized and directed to
6 execute documents substantially in accordance with Exhibit A, as determined by the City
7 Attorney, and all other documents reasonably necessary to complete the lease transaction.
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9 Section 4: If any section, subsection, sentence, clause, phrase or work of this
10 Ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court
11 of competent jurisdiction or preempted by State legislation, such decision or legislation shall not
12 affect the validity of the remaining portions of this Ordinance. The City Council of the City of
13 Petaluma hereby declares that it would have passed and adopted this Ordinance and each
14 and all provisions thereof irrespective of the fact that any one or more of said provisions be
15 declared unconstitutional, unlawful other otherwise invalid.
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17 Section 5: This Ordinance shall become effective thirty (30) days after the date of its
18 adoption by the Petaluma City Council,
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20 Section 6: The City Clerk is hereby directed to publish or post this Ordinance or a
21 synopsis for the period and in the manner provided by the City Charter and any other
22 applicable law.
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24 INTRODUCED, and ordered posted/wed, this 17th day of July, 2017.
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26 ADOPTED this 7th day of August, 2017, by the following vote:
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29 Ayes: Albertson, Vice Mayor Barrett, Mayor Glass, Healy, Kearney, King, Miller
30 Noes: None
31 Abstain: None
32 Absent: None
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37 David Glass, Mayor
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40 ATTEST: APPROVED AS TO FORM:
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46 Claire Cooper, City Clerk Eric Danly, City Attorney
Ordinance. No, 2623 N.C.S. Page 2