HomeMy WebLinkAboutOrdinance 2268 N.C.S. 05/07/2007 EFFECTIVE DATE ORDINANCE NO. 2268 N.C.S.
OF ORDINANCE
June 7, 2007
1 Introduced by Seconded by
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3 Samantha Freitas Teresa Barrett
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8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA ADDING CHAPTER 16.06 TO TITLE
9 16 OF THE PETALUMA MUNICIPAL CODE, AUTHORIZING, PURSUANT TO SECTION 46 OF ARTICLE VII
10 OF THE CHARTER OF THE CITY OF PETALUMA, THE APPROVAL OF HANGAR, TIE-DOWN AND GROUND
11 FORM LEASES FOR THE PETALUMA MUNICIPAL AIRPORT BY CITY COUNCIL RESOLUTION AND
12 AUTHORIZING THE CITY MANAGER TO EXECUTE AIRPORT LEASES
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15 WHEREAS, the City of Petaluma owns and operates the Petaluma Municipal Airport
16 pursuant to Petaluma Municipal Code Chapter 2.60, Title 16 and other applicable law; and,
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18 WHEREAS, in order to provide services for airport users and generate revenue to support
19 airport operations, the City leases portions of airport property for the construction of individually-
20 constructed and owned hangars and airport-related businesses ("ground leases"); and,
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22 WHEREAS, in order to provide services for airport users and generate revenue to support
23 airport operations, the City leases City-owned tie-down spaces, t-hangars and box hangars to
24 aircraft owners and users of the airport; and,
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26 WHEREAS, Section 46 of Article VII of the Petaluma City Charter requires that action
27 providing for lease of City property be taken by ordinance of the City Council unless the Council
28 takes action pursuant to a general law of the State; and,
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30 WHEREAS, there are currently more than two hundred (200) different hangars and tie-
31 down spaces at the Petaluma Municipal Airport; and,
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33 WHEREAS, Council approval of form leases for tie-down spaces, hangars and ground
34 leases by resolution and authorizing the City Manager to execute tie down, hangar, and ground
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1 leases using Council-approved lease forms will provide for more efficient use of public resources,
2 promote fiscal efficiency, and provide necessary flexibility to airport management to effectively
3 meet the needs of airport users, provide for appropriate City Council oversight concerning the
4 Airport lease program, and meet the requirements of Section 46 of Article VII of the Petaluma
5 City Charter.
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7 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PETALUMA AS
8 FOLLOWS:
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10 Section 1. Chapter 16.06 Added. Chapter 16.06 is hereby added to Title 16 of the Petaluma
11 Municipal Code as follows:
12 CHAPTER 16.06 Airport Leases.
13 16.06.100 Findings and Purpose.
14 Section 46 of Article VII of the Petaluma City Charter provides that action
15 to provide for leases of City property be taken by ordinance unless the Council
16 takes action pursuant to a general law of the State. The large number of hangar
17 and tie-down facilities and interest by airport users in such facilities, as well as in
18 ground leases, makes approval of individual leases by ordinance impractical and
19 costly in terms of staff time and other public resources. Legislative authority for
20 City Council approval of form leases for tie-down spaces, hangars and ground
21 leases and other specified arrangements regarding airport facilities, and for City
22 Manager execution of airport leases using Council-approved form documents, is
23 intended to meefi the requirements of Section 46, Article VII of the Petaluma City
24 Charter, provide for appropriate City Council oversight concerning the municipal
25 airport lease program, provide for efficient use of public resources, promote fiscal
26 efficiency, and provide necessary flexibility to airport management to effectively
27 meet the needs of airport users and maximize airport services and generation of
28 revenue for airport facilities.
Ordinance No. 2268 N.C.S. Page 2
1 16.06.200 Approval of Airport Leases by Resolution.
2 In accordance with Section 46 of Article Vll of the City of Petaluma
3 Charter, the City Council of the City of Petaluma may approve form lease
4 documents for City-owned hangars and tie-down spaces at the Petaluma
5 Municipal Airport by resolution; and may approve ground leases, specialized
6 lease arrangements and other specialized use of the Petaluma Municipal Airport
7 by resolution.
8 16.06.300 Execution of Airport Leases by City Manager.
9 The City Manager or his/her designee is authorized to execute, on behalf
10 of the City airport, leases for hangar and tie-down facilities at the Petaluma
11 Municipal Airport using form leases that have been approved by City Council
12 resolution as long as such leases do not differ materially from such approved form
13 leases. The City Manager or his/her designee is authorized to execute, on behalf
14 of the City, other specified leases or agreements for use of the Petaluma
15 Municipal Airport that have been approved by the City Council by resolution.
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17 Section 2. If any section, subsection, sentence, clause, phrase or word of this ordinance is for
18 any reason held to be unconstitutional, unlawful or otherwise invalid b.y a court of competent
19 jurisdiction or preempted by state legislation, such decision or legislation shall not affect the
20 validity of the remaining portions of this ordinance. The City Council of the City of Petaluma
21 hereby declares that it would have passed and adopted this ordinance and each and all
22 provisions thereof irrespective of the fact that any one or more of said provisions be declared
23 unconstitutional, unlawful or otherwise invalid.
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25 Section 3. The City Council finds that adoption of this ordinance is exempt from the
26 California Environmental Quality Act ("CEQA"), pursuant to Sections 15061 (b) (3) (no possibility
Ordinance No. 2268 N.C.S. Page 3
1 that the activity may have a significant impact on the environment) and 15060(c) (3) (the
2 activity is not a project as defined in Section 15378) of the CEQA Guidelines (Title 14, Chapter 3
3 of the California Code of Regulations).
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5 Section 4. This ordinance shall become effective thirty (30) days after the date of its
6 adoption by the Petaluma City Council.
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8 Section 5. Publication.
9 The City Clerk is hereby directed to post and/or publish this ordinance or a synopsis of it
10 for the period and in the manner required by the City Charter.
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12 Introduced and ordered posted/wed this l6'" day of April 2007.
13 Adopted this 7'" day of May, 2007, by the following vote:
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16 .AYES: Barrett, Freitas, Vice Mayor Nau, Mayor Torliatt, Babbitt
17 NOES: None
18 ABSENT: Harris, O'Brien
19 ABSTAIN: None
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25 Pamela Torliatt, Mayor
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2$ ATTEST: APPROVED AS TO FORM:
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32 Claire Cooper, CMC, City Clerk Eric. W. Danly, City ttorney
Ordinance No. 2268 N.C.S. Page 4