HomeMy WebLinkAboutOrdinance 2648 N.C.S. 06/04/20181
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EFFECTIVE DATE ORDINANCE NO. 2648 N.C.S.
OF ORDINANCE
July 4, 2018
Introduced by Seconded by
Kathy Miller Chris Albertson
AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA AUTHORIZING
AMENDMENT, ASSIGNMENT AND ASSUMPTION OF THE LEASE OF THE BOYS
AND GIRLS CLUB FACILITIES AT 203 MARIA DRIVE ON LUCCHESI PARK BY
THE BOYS AND GIRLS CLUBS OF CENTRAL SONOMA COUNTY AND
AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE
CITY ALL DOCUMENTS RELATING TO THE LEASE AMENDMENT
WHEREAS, on September 17, 1990, a staff report and ordinance were presented to the
City Council to permit the Council to authorize lease of a one -acre portion of Lucchesi Park at
203 Maria Drive to the Petaluma Boys and Girls Club for construction of a 25,000 -square foot
club facility to serve the East Petaluma area; and
WHEREAS, the City Council introduced ordinance 1825 N.C.S. approving the Boys and
Girls Club lease on September 17, 1990, and adopted the ordinance October 1, 1990, with the
ordinance taking effect 30 days later, on October 31, 1990 authorizing a lease of approximately
one acre of Lucchesi Park at 203 Maria Drive for construction of a club facility for a 50 -year
initial term commencing on March 1, 1991, with an option to extend the lease by an additional
25 -year term; and
WHEREAS, following approval of the Boys and Girls Club lease, the City Council on July 1,
1991 adopted Resolution 91-194 N.C.S. approving a lease amendment to permit the Boys and
Girls Club to mortgage or otherwise encumber the lease as a lender may require for purposes
of financing the improvements to be constructed on the property; and
WHEREAS, following the 1991 lease amendment the Petaluma Boys and Girls Club was
succeeded by a different corporate entity, Boys and Girls Clubs of Marin and Southern Sonoma
Counties, corporation number CO249360; and
WHEREAS, Boys and Girls Clubs have been serving communities in Sonoma County for
over 50 years, and, until recently, local Sonoma County Boys and Girls Clubs have operated
independently of the larger county -wide organization, Boys and Girls Clubs of Central Sonoma
County; and
Ordinance No. 2648 N.C.S.
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WHEREAS, Boys and Girls Clubs of Central Sonoma County began operating clubs in
Petaluma in August of 2017 at the request of Boys and Girls Clubs of Marin and Southern
Sonoma County; and
WHEREAS, the Central Sonoma County Boys and Girls Club organization now operates
clubs at McKinley and McDowell Schools, Burbank and Eden Housing communities as well as
the location at 203 Maria Drive on Lucchesi Park subject to the City lease; and
WHEREAS, the Boys and Girls Clubs of Marin and Southern Sonoma Counties and Boys
and Girls Clubs of Central Sonoma County have indicated a desire to transfer the lease on
Lucchesi Park at 203 Maria Drive to the Boys and Girls Clubs of Central Sonoma County to
ensure that the Boys and Girls Club programs continue; and
WHEREAS, Section 46 of the Petaluma City Charter provides that certain City Council
actions must be taken by ordinance, including certain actions for acquisition, sale or lease of
real property;
NOW, THEREFORE, be it ordained by the council of the City of Petaluma as follows:
SECTION 1: The City Manager is hereby authorized and directed to execute all
documents relating to amendment, assignment and assumption of the lease at 203 Maria Drive
on Lucchesi Park by the Boys and Girls Clubs of Central Sonoma County, corporation no.
C1825660, including a lease amendment substantially in accordance with that attached as
Exhibit A to this ordinance, and/or revised versions of such documents and/or additional
documents as may be recommended and approved by the City Attorney to accomplish the
amendment, assignment and assumption of the lease at 203 Maria Drive on Lucchesi Park by
the Boys and Girls Clubs of Central Sonoma County.
SECTION 2: If any part of this Ordinance is for any reason held to be unconstitutional,
unlawful or otherwise invalid by a court of competent jurisdiction, such decision will not affect
the validity of the remaining parts of this Ordinance. The City Council of the City of Petaluma
hereby declares that it would have passed and adopted this Ordinance and each of its
provisions irrespective of any part being held invalid.
SECTION 3: The City Council finds that this Ordinance is not subject to the California
Environmental Quality Act ("CEQA") pursuant to Section 15060(c)(2) of the CEQA Guidelines
because the activity has no potential for resulting in a direct or reasonably foreseeable indirect
physical change in the environment, and pursuant to Section 15060(c)(3) of the CEQA
Guidelines because the activity is not a project as defined in Section 15378) of the CEQA
Guidelines,
Ordinance No. 2648 N.C.S.
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SECTION 4: This Ordinance will become effective thirty days after the date of its
adoption by the Petaluma City Council,
SECTION 5: The City Clerk is hereby directed to post and/or publish this Ordinance or a
synopsis for the period and in the manner required by the City Charter.
INTRODUCED, and ordered posted/wed, this 21 st day of May 2018.
ADOPTED this 4th day of June 2018, by the following vote:
Ayes: Albertson, Barrett, Mayor Glass, Vice Mayor Healy, Kearney, King, Miller
Noes: None
Abstain: None
Absent: None
ATTEST:
Claire Cooper, City Clerk
1
David Glass, Mayor
APPROVED AS TO FORM:
Lisa Tenne aum, Assistant City Attorney
Ordinance No. 2648 N.C.S.
Page 3
1 Exhibit A
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4 Second Amendment to Lease Agreement
5 for Property at 203 Maria Drive on Lucchesi Park
6
7 THIS SECOND AMENDMENT ("Second Amendment") to the Lease
8 Agreement ("Lease") for City -owned property located at 203 Maria Drive on Lucchesi
9 Park in Petaluma, California, is entered this day of , 2018, by and
10 between the City of Petaluma ("City"), a California Municipal Corporation and Charter
11 City, and Boys and Girls Clubs of Central Sonoma County, Corporation number
12 C1825660, ("Assignee") as successor to Boys and Girls Clubs of Marin and Southern
13 Sonoma County, Corporation number CO249360.
14
15 WHEREAS, on September 17,1990, a staff report and ordinance were presented
16 to the City Council to permit the Council to authorize lease of a one -acre portion of
17 Lucchesi Park at 203 Maria Drive ("Property") to the Petaluma Boys and Girls Club
18 ("Lessee") for construction of a 25,000 -square foot club facility to serve the East
19 Petaluma area; and
20
21 WHEREAS, the City Council introduced ordinance 1825 N.C.S. approving the
22 Lease on September 17, 1990, and adopted the ordinance October 1, 1990, with the
23 ordinance taking effect 30 days later, on October 31, 1990 authorizing a lease of the
24 Property for construction of a club facility for a 50 -year initial term commencing on
25 March 1, 1991, with an option to extend the Lease by an additional 25 -year term; and
26
27 WHEREAS, following approval of the Lease, the City Council on July 1, 1991
28 adopted Resolution 91-194 N.C.S. approving the first amendment to the Lease ("First
29 Amendment") to permit the Lessee to mortgage or otherwise encumber the Lease as a
30 lender may require for purposes of financing the improvements to be constructed on
31 the Property; and
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33 WHEREAS, following the First Amendment the Lessee was succeeded by a
34 different corporate entity, Boys and Girls Clubs of Marin and Southern Sonoma
35 Counties, corporation number CO249360, as Lessee; and
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37 WHEREAS, Boys and Girls Clubs have been serving communities in Sonoma
38 County for over 50 years, and, until recently, local Sonoma County Boys and Girls
39 Clubs have operated independently of the larger county -wide organization, the
40 Assignee; and
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42 WHEREAS, Assignee began operating clubs in Petaluma in August of 2017 at
43 the request of the Lessee; and
Ordinance No. 2648 N.C.S. Page 4
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WHEREAS, Assignee now operates clubs at McKinley and McDowell Schools,
Burbank and Eden Housing communities as well as the Property subject to the Lease;
and
WHEREAS, the Lessee and Assignee have indicated a desire to transfer the
Lease on the Property to Assignee to ensure that the Boys and Girls Club programs
continue; and
WHEREAS, Section 46 of the Petaluma City Charter provides that certain City
Council actions must be taken by ordinance, including certain actions for acquisition,
sale or lease of real property;
NOW, THEREFORE, in consideration of the promises and mutual covenants
contained in this Second Amendment, and for good and valuable consideration, the
sufficiency of which is hereby acknowledged, the City and Assignee (together, the
"Parties") hereby agree as follows:
1. Parties. The Lease is hereby amended to substitute the Assignee for
references to the Petaluma Boys and Girls Club.
2. Notice. Notice shall be given to the Assignee as follows:
Boys and Girls Club of Central Sonoma County
3. No Other Changes. Except as modified above, the Lease remains
unchanged and continues in full force and effect.
IN WITNESS WHEREOF, authorized representatives of the Parties have
executed this Second Amendment as of the day and year first written above.
City of Petaluma Boys and Girls Clubs of Central Sonoma County
John C. Brown
City Manager
NO
Jennifer Weiss
Executive Director
Ordinance No. 2648 N.C.S.
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Approved as to form
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Eric W. Danly
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City Attorney
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Attest
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11 By
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Claire Cooper
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City Clerk
Ordinance No. 2648 N.C.S. Page 6