HomeMy WebLinkAboutOrdinance 2744 N.C.S. 10/21/2020ORDINANCE N0.2744 N.C.S.
1 Introduced by Seconded by
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4 Gabe Kearney Mike Healy
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8 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA APPROVING CONVEYANCE OF CITY
9 PROPERTY, COMMONLY KNOWN AS THE POLLY HANNAH KLAAS PERFORMING ARTS
10 CENTER AT 417 WESTERN AVENUE IN PETALUMA, APN 008-043-001, TO THE POLLY KLAAS
11 FOUNDATION, SUBJECT TO SPECIFIED CONDITIONS AND RESTRICTIONS
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14 WHEREAS, Section 46 of the Charter of the City of Petaluma requires that actions for the
15 acquisition, sale, or lease of City real property be taken by Ordinance except for such actions
16 involving sums less than $3,000 or actions pursuant to general law; and
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18 WHEREAS, the City has owned since 1971 real property at 417 Western Avenue in Petaluma,
19 identified as Assessor Parcel Number 008-043-001 ("Property"), commonly known as the Polly
20 Hannah Klaas Performing Arts Center ("Center"); and
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22 WHEREAS, although the Property is an historic building and has local landmark status, it has
23 fallen into a state of disrepair and has not been utilized for its intended use as a performing arts and
24 community center focused on youth; and
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26 WHEREAS, the Property has been appraised by Adam G. Bursch, a State of California
27 Certified Appraiser with the firm of Bender Rosenthal Incorporated, and been found to have a fair
28 market value of $18,800 as of July 3, 2019; and
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30 WHEREAS, the Polly Klaas Foundation ("PKF") is nationally -recognized community
31 organization with fundraising capabilities and historic ties to the Center;
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33 WHEREAS, PKF wishes to raise the necessary funds to rehabilitate the Center and to operate it
34 as a youth -focused arts and community center, and has requested that the City convey the
35 Property to PKF for those purposes, subject to PKF's obligation to raise the funds necessary to
36 rehabilitate the Center and other transactional requirements as appropriate to protect the public's
37 interest in the availability and sound management of the Property and the Center; and
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39 WHEREAS, the planned rehabilitation and operation of the Center is categorically exempt
40 from the requirements of the California Environmental Quality Act ("CEQA") in accordance with
41 Section 15301(d) of the CEQA Guidelines as the operation, maintenance, permitting, and minor
42 alteration of an existing public structure, including the restoration or rehabilitation of deteriorated or
43 damaged structures, facilities or mechanical equipment to meet current standards of public health
44 and safety, and the project to renovate the Center will be subject to HCPC review to ensure that
45 the renovation maintains, repairs, stabilizes, rehabilitates, restores, preserves and conserves or
46 reconstructs the Center in a manner consistent with the Secretary of the Interior's Standards for
Ordinance No. 2744 N.C.S. Page 1
EFFECTIVE DATE
OF ORDINANCE
October 21, 2020
ORDINANCE N0.2744 N.C.S.
1 Introduced by Seconded by
2
3
4 Gabe Kearney Mike Healy
5
6
7
8 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA APPROVING CONVEYANCE OF CITY
9 PROPERTY, COMMONLY KNOWN AS THE POLLY HANNAH KLAAS PERFORMING ARTS
10 CENTER AT 417 WESTERN AVENUE IN PETALUMA, APN 008-043-001, TO THE POLLY KLAAS
11 FOUNDATION, SUBJECT TO SPECIFIED CONDITIONS AND RESTRICTIONS
12
13
14 WHEREAS, Section 46 of the Charter of the City of Petaluma requires that actions for the
15 acquisition, sale, or lease of City real property be taken by Ordinance except for such actions
16 involving sums less than $3,000 or actions pursuant to general law; and
17
18 WHEREAS, the City has owned since 1971 real property at 417 Western Avenue in Petaluma,
19 identified as Assessor Parcel Number 008-043-001 ("Property"), commonly known as the Polly
20 Hannah Klaas Performing Arts Center ("Center"); and
21
22 WHEREAS, although the Property is an historic building and has local landmark status, it has
23 fallen into a state of disrepair and has not been utilized for its intended use as a performing arts and
24 community center focused on youth; and
25
26 WHEREAS, the Property has been appraised by Adam G. Bursch, a State of California
27 Certified Appraiser with the firm of Bender Rosenthal Incorporated, and been found to have a fair
28 market value of $18,800 as of July 3, 2019; and
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30 WHEREAS, the Polly Klaas Foundation ("PKF") is nationally -recognized community
31 organization with fundraising capabilities and historic ties to the Center;
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33 WHEREAS, PKF wishes to raise the necessary funds to rehabilitate the Center and to operate it
34 as a youth -focused arts and community center, and has requested that the City convey the
35 Property to PKF for those purposes, subject to PKF's obligation to raise the funds necessary to
36 rehabilitate the Center and other transactional requirements as appropriate to protect the public's
37 interest in the availability and sound management of the Property and the Center; and
38
39 WHEREAS, the planned rehabilitation and operation of the Center is categorically exempt
40 from the requirements of the California Environmental Quality Act ("CEQA") in accordance with
41 Section 15301(d) of the CEQA Guidelines as the operation, maintenance, permitting, and minor
42 alteration of an existing public structure, including the restoration or rehabilitation of deteriorated or
43 damaged structures, facilities or mechanical equipment to meet current standards of public health
44 and safety, and the project to renovate the Center will be subject to HCPC review to ensure that
45 the renovation maintains, repairs, stabilizes, rehabilitates, restores, preserves and conserves or
46 reconstructs the Center in a manner consistent with the Secretary of the Interior's Standards for
Ordinance No. 2744 N.C.S. Page 1
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Treatment of Historic Properties with Guidelines for Preserving Rehabilitating, Restoring and
Reconstruction of Historic Buildings in accordance with Section 15331 of the CEQA Guidelines;
NOW, THEREFORE, BE IT ORDAINED BY Inc COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
Section 1. The above recitals are hereby declared to be we and correct and are hereby
made findings of the City Council and are incorporated herein.
Section 2. The actions contemplated pursuant to this ordinance, consisting of transfer of the
Property subject to specified restrictions and conditions, and rehabilitation and operation of the
Center on the Property as a youth -focused arts and community center, are exempt from CEQA
pursuant to Sections 15301(d) and 15331 of the CEQA Guidelines,
Section 3. The City Council approves the conveyance of the Property to the PK F by
quitclaim deed for the purchase price of $18,800 and subject to a purchase and sale agreement
between the City and the PKF and any other documents ("Transactional Documents") deemed
necessary and appropriate by the City Attorney to effectuate the purposes of this ordinance in
accordance with its terms and the requirements of the Petaluma City Charter and other applicable
law. Said Transactional Documents shall also include a grant of an irrevocable parking license,
approved by the City Attorney, to permit shared use of City Hall parking for PKF programs, subject
continued use of City Hall parking as needed by City officials, staff and City hall visitors.
Section 4. As a condition precedent to this ordinance and the authority it provides for the
contemplated transactions taking effect, PKF must complete and/or have provided adequate
assurance, through its Board of Directors, to the City Manager of a successful capital campaign
having raised at least $600,000 in cash and in-kind contributions (based on their fair market value) of
a total budget goal of $800,000 for Center renovations and implementation of programs for a youth -
focused arts and community center.
Section 5. In addition to any other requirements deemed necessary and appropriate by the
City Attorney to effectuate the purposes of this ordinance, the Transactional Documents shall
include the following:
A. The quitclaim deed conveying the Property will include a deed restriction that shall run
with the land and in perpetuity restrict the use of the Property to that of a youth -focused
arts and community center.
B. In the unlikely event that PKF ceases its operations, becomes unable or
choses to cease to fulfill its obligations regarding the Center, among other remedies, the
City may:
1) Approve sale of the Center to a third party, approved by the City, subject to
the deed restrictions; or
3) In the absence of a City -approved buyer/operator of the Center, exercise a
first option to repurchase the Center, the price to be as follows:
a) The original purchase of price of $18,800, adjusted by
b) The change in the San Francisco/Bay Area consumer price index since sale
of the Center to the PKF, plus
c) Payment of PKF staffing costs of $50,000 per year (or portion thereof)
following sale of the Center to the PKF for the PKF staffing cost of fund raising,
renovating and operating the Center, for a maximum of three years.
C. There shall be a deed restriction on the use of the Center as a youth -focused arts and
community center, consistent with the uses listed in Exhibit A which is hereby made a part
of this ordinance by this reference. City shall also have a continuing right to ensure that
the Center and the Property shall be used as a youth -focused arts and community
center. In the event City determines that the Center is not being used as a youth -
focused arts and community center consistent with deed restrictions and the Exhibit A ,
Ordinance No. 2744 N.C.S.
Page 2
1 the City may give PKF or the current Center owner written notice that the Center is being
2 used for unauthorized purposes. If PKF (or the current Center owner) does not cure the
3 use violation within 90 days of receipt of such notice, City may, in the City's sole
4 discretion, invoke the City's remedies pursuant to the deed restrictions, including by
5 bringing an action to enjoin such non -conforming use.
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7 Section 6. The City Manager is authorized and directed to execute the Transactional
8 Documents deemed reasonably necessary and appropriate by the City Attorney to complete the
9 conveyance of the Property, according to the terms of this ordinance, including a Purchase and
10 Sale Agreement, a preliminary title report and accurate property description, and quitclaim deed
11 and deed restrictions.
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13 Section 7. If any section, subsection, sentence, clause, phrase or work of this ordinance is for
14 any reason held to be unconstitutional, unlawful, or otherwise invalid by a court of competent
15 jurisdiction or preempted by State legislation, such decision or legislation shall not affect the validity
16 of the remaining portions of this ordinance. The City Council of the City of Petaluma hereby declares
17 that it would have passed and adopted this ordinance and each and all provisions thereof
18 irrespective of the fact that any one or more of said provisions be declared unconstitutional,
19 unlawful, or otherwise invalid.
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21 Section 8. This ordinance shall become effective 30 days after the date of its adoption by
22 the Petaluma City Council.
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24 Section 9. The City Clerk is hereby directed fe publish or post this Ordinance or a synopsis for
25 the period and in the manner provided by the City Charter and any other applicable law.
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27 INTRODUCED and ordered posted this 14th day of September 2020.
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29 ADOPTED this 21 St day of September 2020 by the following vote:
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31 Ayes: Mayor Barrett, Vice Mayor Fischer, Healy, Kearney, King, McDonnell, Miller
32 Noes: None
33 Abstain: None
34 Absent: None
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39 ATTEST:
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444,f
Samantha Pascoe, CMC, Deputy City Clerk
Teresa Barrett, Mayor
APPROVED AS TO FORM:
Eric Danly, City Attorney
Ordinance No. 2744 N.C.S. Page 3