HomeMy WebLinkAboutStaff Report 3.C 09/17/2018DATE: September 17, 2018
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Eric W. Danly, City Attorney
SUBJECT: Adoption of Ordinance Ratifying Lease with North Bay Animal Services
RECOMMENDATION
It is recommended that the City Council adopt the attached Ordinance ratifying the lease with
North Bay Animal Services in accordance with the requirements of Section 46 of the Petaluma
City Charter.
BACKGROUND
At the June 18 City Council meeting, in response to a staff report making recommendations
regarding award of a new contract for provision of animal services in Petaluma, the City Council
directed that staff proceed with a contract with the newly-fotmed North Bay Animal Services
organization ("NBAS"), and authorized and directed the City Manager to sign the contract and
related documents on behalf of the City, including a lease covering animal care facilities at 900
Hopper Street in Petaluma. The City Manager has implemented the Council's direction, and a
copy of the fully executed agreements with NBAS is attached to this Agenda Report as
Attachment 2.
DISCUSSION
Given the limited time between the June 18, 2018 City Council direction and expiration of the
contract and lease with PASF on July 31, 2018, and the fact that staff did not know what service
provider the Council would select until the Council deliberations on June 18, it was necessary to
finalize contract and lease arrangements with the new service provider, NBAS, between Jun 18
and expiration of the PASF agreements July 31. Because NBAS, like its predecessor PASF, is
not only providing the City contract animal services but also operating a City facility under
contract, it is necessary to provide for the terms governing NBAS' operation and use of the City
facilities. A lease concerning the facilities at 900 Hopper Street has been prepared for NBAS'
operations just as was the case for PASF. (See Attachment 1.)
As the Council is aware, Section 46 of the City's Charter requires that certain real property
transactions, including lease of City property valued at $3,000.00 or more, must be carried out by
ordinance. Unfortunately, there was insufficient time for Council action on an ordinance and for
the ordinance to become effective granting a new lease to NBAS prior to the July 31 expiration
of the PASF contract. Accordingly, to satisfy City Charter requirements and ensure the validity
of the agreements with NBAS, the purpose of this action is to ratify the NBAS lease by
ordinance. The case law supports that California cities may ratify actions that they possess the
power to perform, so long as the ratification takes the form required for the original act. (See,
e.g., Los Angeles Dredging Co. v. City of Long Beach (1930) 210 Cal 348.) Ratifying the lease
with NBAS in accordance with City Charter requirements will ensure the validity of the lease
and the protections it provides to both the City and NBAS.
At its September 10 meeting, the City Council introduced the ordinance by a unanimous vote.
FINANCIAL IMPACTS
There are no financial impacts of this action other than staff preparation time.
ATTACHMENTS
1. Ordinance ratifying lease with NBAS
2
ATTACHMENT I
EFFECTIVE DATE
OF ORDINANCE
ORDINANCE NO. XXXX N.C.S.
Introduced by Seconded by
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA RATIFYING THE EXECUTION
OF A LEASE AGREEMENT WITH NORTH BAY ANIMAL SERVICES IN ACCORDNCE WITH
SECTION 46 OF THE PETALUMA CHARTER
WHEREAS, beginning in August, 2012, the City of Petaluma provided animal services for
the Petaluma community by contracting with Petaluma Animals Services Foundation ("PASF") to
enforce the City's animal regulations, and operate City animal care facilities and equipment
located at 900 Hopper Street in Petaluma pursuant to lease; and
WHEREAS, as directed by the City Council, in April, 2018, staff solicited proposals for
provision of animal services in Petaluma to commence on August 1, 2018, the expiration date of
the animal services contract with the PAS; and
WHEREAS, following receipt and staff review of the resulting proposals and deliberations
on staff analysis and recommendations, at the June 18, 2018 City Council meeting the City
Council directed that City staff proceed with a contract with North Bay Animal Services ("NBAS")
for provision of animal services in Petaluma; and
WHEREAS, following the Council's direction at its June 18, 2018 meeting, staff
commenced preparation of new service agreement and lease documents to provide for
provision of animal services and operation of City animal service facilities and equipment by
NBAS; and
WHEREAS, Section 46 of the Petaluma City Charter requires that certain City real property
transactions, including lease of City property valued at $3,000 or more, must be approved by
ordinance; and
WHEREAS, following the Council direction on June 18, 2018, insufficient time remained for
introduction and adoption of an ordinance approving a new lease with NBAS and running of a .
30 -day referendum period prior to expiration of the PASF service contract and lease agreement
on July 31, 2018; and
WHEREAS, California cities may ratify actions that they possess the power to perform, so
loan as the ratification takes the form required for the original act (Los Angeles Dredging Co. v.
City of Long Beach (1930) 210 Cal. 348); and
WHEREAS, ratification of the lease agreement with NBAS pursuant to this ordinance is
categorically exempt from the California Environmental Quality Act ("CEQA") in accordance
with Section 15301 of the CEQA Guidelines as an action providing for the operation,
maintenance, and leasing of existing City animal care structures, facilities, and mechanical
equipment involving no expansion of use beyond that currently existing;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Section 1. Lease Agreement with NBAS Ratified. The lease agreement with North Bay Animal
Services entered July 30, 2018 on behalf of the City and effective August 1, 2018 regarding City
animal care facilities and equipment located at 900 Hoper Street in Petaluma, which lease is
made a part of this ordinance by this reference is hereby ratified in accordance with the
requirements of Section 46 of the Petaluma City Charter and other applicable law.
Section 2. Severability. If any section, subsection, sentence, clause, phrase or word 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 or otherwise invalid.
Section 3. Effective Date. This ordinance shall become effective thirty (30) days after the
date of its adoption by the Petaluma City Council.
Section 4. Posting -/Publishing of Notice. 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
other applicable law.
INTRODUCED, and ordered posted/published, this 10th day of September, 2018.
ADOPTED this 17th day of September 2018, by the following vote:
Ayes:
Noes:
Abstain:
Absent:
David Glass, Mayor
ATTEST: APPROVED AS TO FORM:
Claire Cooper, City Clerk Eric Danly, City Attorney
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