HomeMy WebLinkAboutOrdinance 2687 N.C.S. 06/17/20191
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EFFECTIVE DATE
OF ORDINANCE
July 17, 2019
Introduced by
Miller
ORDINANCE NO. 2687 N.C.S.
Seconded by
Healy
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA APPROVING LEASE PRC 3987.9
WITH THE CALIFORNIA STATE LANDS COMMISSION AND AUTHORIZING THE CITY MANAGER TO
EXECUTE ALL REQUIRED DOCUMENTS FOR USE OF AND MAINTENANCE OF THE
WASHINGTON STREET BRIDGE AND ASSOCIATED UTILITY CONDUITS AND BANK PROTECTION
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 on the parcel adjacent to Assessor's
Parcel Numbers 007-121-006, 007-142-026, 006-282-019, 006-284-019, known as the Washington Street
Bridge; and
WHEREAS, the California State Lands Commission has jurisdiction over all submerged land for
public waterways, and SLC requires that the owner of the property adjacent to the existing
Washington Street Bridge enter into a lease for use of the facility; and
WHEREAS, the City desires continued use of the Washington Street Bridge and attached City -
operated utility conduits; and
WHEREAS, the City has maintained fiscal responsibility and plans to continue maintaining
fiscal responsibility for the Washington Street Bridge; 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 (Class 1, Existing Facilities, subsection (c))
and will not result in significant expansion of use of the Washington Street Bridge.
Ordinance No. 2687 N.C.S.
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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.
Section 2: The City Council approves the lease between the California 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 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 or 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.
INTRODUCED and ordered posted this 3rd day of June 2019.
ADOPTED this 17th day of June 2019 by the following vote:
Ayes:
Mayor Barrett, Fischer, Healy, Kearney, Vice Mayor McDonnell, Miller
Noes:
None
Abstain:
None
Absent:
King
Ordinance No. 2687 N.C.S.
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ATTEST:
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Samantha Pascoe, Deputy City Clerk
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Teresa Barrett, Mayor
APPROVED AS TO FORM:
Eric W. Danly, C Attorney
Ordinance No. 2687 N.C.S.
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