HomeMy WebLinkAboutStaff Report 5.B 01/05/2004a�
CITY OF PETALUMA, CALIFORNIA
I em n v oer ®® r
#675536•
AGENDA BILL
Agenda Title i
Discussion and possible action. regarding Petaluma River Authortyr
1VIeeting Date
January 5, 2004
I
Meeting Time 3 :00 PM
I
❑ 7:00 PM
Category (cheek.one) ❑ Consent Calendar i ❑ Public Hearing X New Business
r
❑ Unfinished Business ❑ 'Presentation
Department
Director
Contact Person
Phone Number
City Manager
Mike Bierman, „
Mike Bierman
778 -4345
City Attorney
Rich Rudnansky
Cost of Proposal Not applicable
Account Number
Not applicable
Amount Budgeted Not applicable
Name of Fund
i
Not applicable
Attachments to Agenda .Packet Item
1. Correspondence from Petaluma. River. Authority
Summary Statement
Individuals of various community groups and other concerned- citizens are proposing that the main
stakeholders of the Petaluma River Waterway (Counties of Sonoma and 'Marin, Cities of Petaluma and
Novato) join with them in establishing an expanded Petaluma River Authority.. As indicated in
correspondence from the Petaluma River Authority; the main goal is to work collaboratively to create a
framework where issues related to the shared waterway of'the Petaluma River can be centralized, addressed
and acted upon in a.coordinated manner.
Proponents of the Petaluma River Authority, wish to address the Council regarding their plans and goals.
Recommeaded City Council Action /Suggested Motion
Discuss and provide direction to staff regarding requests of the Petaluma River Authority including
possible selection of a City representative to work with the proponents to establish an expanded Petaluma
River Authority.
Reviewed' by. Finance Director
Reviewed by City Attorney
Approved by Mana er:
Date:
Date:
Date:
oda 's Date:
Revision # and Date'Revised:
File Code:
7-
#675536•
CITY OF PETALUMA, CAGTFOkNI'A
JANUARY 5,2004
AGENDA REPORT
FOR
REVIEW AND POSSIBLE DIRECTION AND /OR ACTION REGARDING
.PETALUMA RIVER AUTHORITY
EXECUTIVE SUMMARY
Individuals of various community groups and other,corncernedcitizens are proposing that
p p g
the main stakeholders of the'Petaluma !River Waterway'(Counties of Sonoma and Marin,
Cities of Petaluma and Novato,) join with them in establishing an expanded Petaluma
River Authority. As indicated in correspondence from. the Petaluma River Authority, the
main goal is to work collaboratively to create a framework where issues related to the
shared waterway of the Petaluma River can be centralized', addressed and acted upon in a
coordinated manner.
Current members of the: Petaluma River Authority wish.to address the Council regarding
their plans and goals.
2. BACKGROUND
Earlier this year, Jessica van Gardner, John Fitzgerald and Lt. Roger Rude sent a letter to
Mayor Glass .requesting that the City of Petaluma "'review' a proposed memorandum of
understanding, and either schedule a meeting to discuss and explore the adoption and
structured formation of the proposed Petaluma River Authority or have this item put on
the agenda for, presentation and discussion. Attached i " this letter with its enclosures.
At the request of the City Manager, the City Attorney reviewed the proposed MOU and
discussed it with. the City Manager. Subsequently the City Manager and City Attorney
met with Jessica van Gardner and John Fitzgerald to discuss the matter in more detail.
The emphasis 'expressed by Ms. Van Gardner and Mr. Fitzgerald at- the-meeting was to
establish an authority' which included representatives of the main stakeholders along the
Petaluma. River in order to support, coordinate, ;guide and prioritize goals for River -
related issues and improvements and prepare and adopt ordinances in the various
jurisdictions which would allow for cooperation among the jurisdictions regarding River-
related issues and concerns.
b
El
Ms. van Gardner and Mr. Fitzgerald requested that this matter be brought before the •
Council for a presentation and discussion including the possibility. of the appointment of
City representative to work with them and representatives from the other jurisdictions
toward this goal.
I
3. ALTERNATIVES
A. Discuss and provide direction. !
j
B. Appoint City of Petaluma representative to work with the proponents of a
Petaluma River Authority.
C. Continue to enforce River - related 'issues and violations through City ordinance:
4. FINANCIAL IMPACTS
I
Unknown.
5., CONCLUSION
'City ouncil meeting is provided g p ed as a forum for proponents of the Petaluma River
.Authority to make a presentation for the Council and for Council i discussion and
direction. I
'6. OUTCOMES OR VERFORMAN.CE MEASUREMENTS" THAT WILL IDENTIFY SUCCESS OR
COMPLETION:
To be determined depending upon direction of Council.
7. RECOMMENDATION
After presentation by proponents of the Petaluma River Authority,, Council is asked to
discuss and provide direction to staff including the possible appointment of City
representative to work with proponents of the Petaluma River Authority.
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4675545
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Petalura
Au.thorit} L�� 'c
Dedicated to provide suppon`:for the betterment of the Petaluma.P.iver Waterway
May 12, 2003
Mayor David Glass
Petaluma City Council
City of Petaluma
11 English Street
Petaluma, CA 94952
RE: Petaluma River Authority; Review of Proposed Memo Of Understanding
Dear Mayor Glass:
This letter is to inform you 'that the proposed Memo of Understanding .(MOU) for the adoption
and formation of the Petaluma River Authority (PRA) is cornplete and ready for your review.
As you are aware, many community groups and concerned citizens have been involved during
the last two years to create the attached MOU intended for the mutual benefit of the main
stakeholders of the Petaluma River Waterway (Counties of Sonorna and Marin, and the Cities of
Petaluma and Novato). All these jurisdictions have also been sent this proposed PRA MOU at
this time.
We are requesting that these jurisdictions review the Memo of Understanding and either
schedule a meeting to discuss and explore the adoption and structured formation of the PRA, or
have this item put on the agendas of their respective Boards of Supervisors or City Councils for
presentation and discussion.
It is hoped and envisioned that.all parties to this MOU will adopt and join the efforts of the PRA
in order to engage in a process whereby all can work collaboratively to create a framework
where issues relating to the shared waterway of the Petaluma.River can be centralized, addressed
and acted upon in a coordinated manner. One of the essential goals of the PRA is to work with
law enforcement to. unify and coordinate ordinances and.regulations that pertain to all of the
Petaluma River, into the San Pablo Bay Channel. (An article on the recent success of the Sonoma
County Sheriff's Department/PRA and Sonoma County Supervisor Kerns' resulting efforts to
remove hazardous abandoned vessels is also attached.)
In addition to the M OU, extensive background and influential, factors.r.elated to the Petaluma
River Waterway are provided for your information. This background accompanies the principal
goals and areas of concern the PRA: Standardization & Uufication of Ordinances; River
Maintenance and Eizhancement Public Safety; Legislative Issues; and Funding & Operations of
the PRA.
Continued.. .
Petaluma River Authority % Petaluma visitors Program, 800 Baywood Drive, Suite A, Petaluma, CA 94954
(707) 769-0429. Fax (,707) 762 -4721 Toil freei 1 -8 -7 -2 PETALUMA
e -maid info@visiipetaluma.com Web: wwNA,.visitpetaluma.com
Thank you for your past interest and for consideration of forwarding the PRA mission. Please. •`
feel free to ,contact us to discuss how to present the PRA for discussion, consensus, and adoption
of the enclosed MOU.
Respectfully Submitted,
Jessica Vann Gardner
Petaluma River Authority, Co -Chair
Petaluma .Visitors Program
800 $aywood Drive, Suite A
Petaluma, CA 94954 (707)769 -0429
E -Mail: ivannizardner (a�visitpetaluma.com
John FitzGerald
Petaluma River Authority, Co -Chair
FitzGerald &Associates
1010 Lakeville Street, Suite 2B
Petaluma, CA 94954 (707)762 -0667
E -Mail: JohnF &,cswst2.com
Lt. Roger V. Rude
Sonoma County Sheriff's Department
Marine Unit (PRA Public Safety Chair)
2796 Ventura Ave.
Santa Rosa, CA 95403
(707)565 -1125
E- Mail: rrudeasonoma- county. ory
River /pra/currentmqu /moucover 3.5-03
P etaluma
G "WC
I
H istory Aufllo'rfty Rackgfound` ii&
P'etalu'ma River and Proposed
I e� o. Of Understandin
Proposal Contents
I. General Introduction Page 1 -2
II. Citizens Advisory Committee: Progress and Intent: Page 2 -3
L GeneralIntrod'uction
The following information is.provided and presented: -for the purpose of proposing the creation of
the "Petaluma River Authority" (PR),:fbr'thei mutual .benefit of the main stakeholders of the
Petaluma River Waterway (Counties of Sonoma and Marie, and the Cities of Petaluma and
Novato) and the associated public and private concerns benefiting from the many uses inherent
with this waterway.
The town of Petaluma, has been centered both_physically and intentionally around the Petaluma
River since before its incorporation, The Petaluma River was at one time the third most
commercially trafficked River in the State and the,economic benefit and opportunities resulting
from having this navigable waterway in the North' Bayis'undeniable by all accounts. With this
in mind, the River Committee of the Petaluma Area Chamber of Commerce and the Petaluma
Visitors Program, along with the City of Petaluma and numerous citizens, have. been working to
ensure the River has a system of support for many of the concerns and issues that arise when
multiple.agencies and authorities are involved — The proposed Petaluma River Authority is the
result.
During the last two years, the' Petaluma River Citizens Advisory Committee (CAC) has gained
community-'support; consensus and direction to suggest such an umbrella organization through a
proposed Memorandum of Understanding with the Counties of Sonoma and Marin, and the
Cities of Petaluma and Novato. This proposal, for synergistic support through the formation of
the Petaluma River Authority Plan is being sent to the jurisdictional agencies for their review in
spring of 2001
Petaluma River Authority
DRAFT
05/05/2003
Page 1 of 23
Petaluma River Authority Proposed Mission Statement
III.
Description of the Petaluma River Waterway and Related Projects
Page
4 -6
IV.
Background Data
Page
6 -8
V.
Petaluu River Authority Goals
Page
9 -13
VI.
Petaluma River Authority Memorandum ;of Understanding
Page
14 - 21
(MOU Draft 4/4/03)
VII.
Proposed Draft PRA Administrative & Operating Budget
Page
22 -23
L GeneralIntrod'uction
The following information is.provided and presented: -for the purpose of proposing the creation of
the "Petaluma River Authority" (PR),:fbr'thei mutual .benefit of the main stakeholders of the
Petaluma River Waterway (Counties of Sonoma and Marie, and the Cities of Petaluma and
Novato) and the associated public and private concerns benefiting from the many uses inherent
with this waterway.
The town of Petaluma, has been centered both_physically and intentionally around the Petaluma
River since before its incorporation, The Petaluma River was at one time the third most
commercially trafficked River in the State and the,economic benefit and opportunities resulting
from having this navigable waterway in the North' Bayis'undeniable by all accounts. With this
in mind, the River Committee of the Petaluma Area Chamber of Commerce and the Petaluma
Visitors Program, along with the City of Petaluma and numerous citizens, have. been working to
ensure the River has a system of support for many of the concerns and issues that arise when
multiple.agencies and authorities are involved — The proposed Petaluma River Authority is the
result.
During the last two years, the' Petaluma River Citizens Advisory Committee (CAC) has gained
community-'support; consensus and direction to suggest such an umbrella organization through a
proposed Memorandum of Understanding with the Counties of Sonoma and Marin, and the
Cities of Petaluma and Novato. This proposal, for synergistic support through the formation of
the Petaluma River Authority Plan is being sent to the jurisdictional agencies for their review in
spring of 2001
Petaluma River Authority
DRAFT
05/05/2003
Page 1 of 23
It should be noted that in addition to property owners, industrial operators .on the River, and
community groups -being instrumental,in the progress of these. efforts, it is the leadership and
cooperation of law enforcement agencies that has made the difference ineresults. Ivlariythanks
are exf
o ended.to Sonoma County Supervisor Mike Kerns, Congresswoman Lynn Woolsey, City is
of Petaluma, the Sonoma:County Sheriffs Department and the Petaluma Police Department for
their involvement aridstewardship of the mission of the Petaluma River Authority.
II. Citizens Advisory Committee Progress & Intent
Proposed Mission Statement Petaluma River Authority
Mission Statement:
The mission statement of the. Petaluma River Authority is to act ds it community -based
governing and advisory board of experts, citizens, and agencies dedicated. to providing
support, coordination, guidance, andprioritized goats for river related issues and
improvements.
Petaluma River Authority — Existing Citizens Advisory Committee (.CAC),:
As presently, structured, the Citizens Advisory Committee is an established. cormittee
that is proposing to create a formalized structure by which members of the local
community can -set coals and implement actions for the bett errnent.of the Petaluma River
Waterway.
The principal areas .of concern as ;noted by the CAC are:
A. River Maintenance. and Enhancement
B. Public Safety
C. Legislative Issues and Concerns
D. Funding and Grants for Operation and Administration of the PRA
E. Standardization & Unification of Ordinances, Pertaining to The Petaluma River
Other areas of discussion have covered water quality, public education and access and
environmental conditions of the river, and can be found in the;.deta led "Sub. Committee
Goals "'in section V., pages 9 =13 of this proposal packet.
Education & Access:
In the area of public education and access, thel Maintenance and Enhancement Sub
Committee and Petaluma Visitors Program staff have been meeting with: representatives
of the National. Audubon Society, to encourage the placement of an education center in
the Petaluma area. Potential sites along Petaluma River are currently being taken into
consideration,as possibilities for a new educational center. Also discussed was the
possibility of - a wastewater filtration marsh with public. access and environmental art
sculptures and paths designed by renowned artist /architect Patricia Johanson.
The tours were well received by the Audubon staff. Six National Audubon
"representatives met in February for the final evaluation, and the `results bf "that evaluation
should be forthcoming. An education center, especially one developed in conjunction
with an interactive wetlands display as provided'by the proposed filtration marsh, would
provide a wonderful asset to the River and the North Bay. It is hoped that the CAC and
future PRA will take an active role in supporting these projects.
Petaluma River Authority
DRAFT
05/05/2003
Page 2 of 23
Education & Access continued:
Database of Interested Parties: The existing Citizens Committee has assembled a
database of interested persons from the business .commu_nity, the general public, local
government representatives, ,and agencies with responsibilities over the river. A database
of persons interested in CAC /PRA activitie5..is now 13,0. (Please see "Attachment C of
this packet for roster.) Four subcommittees , have been created within the CAC to address
the above areas of concern (see items A _ D, above).
The City of Petaluma, City.of Novato, County of Sonoma, and County of Marin would
need to be signatories to a "Memorandum of Understanding" (or some other form of legal
recognition) in order to formalize and validate the establishment of the proposed PRA.
In addition, it is hoped that a managerial position may be created and funded whereby a
public,point -of- contact person can assist, in. coordinating needed river actions with
appropriate existing law enforcement and, other agencies.
Law Enforcement Perspective:
From the perspective of law enforcement.and the Sonoma'County Sheriff's Department,
the Citizens Advisory Committee has already provided a catalyst for change. The
Sheriffs Department, with the support of the Sonoma County Board of Supervisors, has
obtained a three -year, $3.9 state grant which will provide funds to begin the process
of removing abandoned vessels from the waterway. The Petaluma Police Department and
the Sheriffs Department have developed a close working.relationship in providing public
safety on the River... The process of developing consistency in the regulations that both
agencies have the responsibility to enforce has also been initiated. Both agencies are
receiving input, feedback, and support from the community that is served. This is just one
small part of what the Petaluma River Authority ( as envisioned by the Citizens Advisory
Committee ) is about. This group is creating a vision of the possibilities that exist for the
future vitality of the River.
The RFP is going out (March, 20.03 and a d on the abandoned vessel removal program.
The Sheriff's Marine Unit is moving ahea
contractor will be selected to do the work. It is
anticipated that 10 vessels will be removed by the end of June, 2003. Once the process is
developed for, this function, future projects should :proceed more quickly and smoothly"
according to Lt. Roger V. Rude, Lieutenant in charge of the Marine Unit, Sonoma
County Sheriff's Department.
Background of Community Efforts:
Over the last 15 years, the Petaluma Area Chamber of ,Commerce River Committee has
provided an informative forum for discus sing' river commerce, development, tourism,
recreation and enhancement of the river's :ecology. 'This group has never,had or desired
to have authority to make policy statements on river related subjects. It has, however,
been frustrated by the lack of attention and. correction of river related problems which has
resulted from confusion over which city, county, state etc. authority is the appropriate one
to take action.
•
Petaluma River Authority
DRAFT
05/05/2003
Page 3 of 23
Background of Community Efforts coot.:
Thee Petaluma Visitors Program staff is regularly, involved with the visiting leisure
boating community and has expressed concerns over excessive siltation within the
Turnin .Basin and the effect that this situation has on deterring b a enthusiasts as
well as cormercial charter vessel operators from visiting the Petaluma , River.
Because of this limited capacity to take action on issues that are of concern, efforts
were begun in September of.20.00 to design a "vehicle" that could create goals and
objectives for the betterment of:the Petaluma River, and to assist in coordinating
actions. of the various agencies having jurisdiction.
III. Desc-rip:tion of the Petaluma River Waterway
The Petaluma Creek and its adjacent Marsh Lands have been in existence for many
thousands of years and have undergone change in dimensions' arfd location as a tidal
slough throughout the years especially during the last 130 years o'fhuman activity. The
"River" has' been straightened over those years by Government and private enterprise for
both commercial and flood control, purposes, and the State has soldlarge tracts of
submerged lands for- agricultural purposes.
This body, of water became of prominent interest to settlers of 'Sonoma County back in
the mid 1800's for its value as a transportation waterway from the greater S'an Francisco
Bay by way of San Pablo Bay and up Petaluma Creek.
While the'Petaluma Slough is referred to as the "Petaluma River," this requires
explanation.
.Ecologically this body of water is a tidal slough and has been used as a navigable
waterway since the. late 1840's. Therefore, in 1959 by an act of Congress;, a name
designation was officially adopted so that it is now known as the Petaluma` River. This
official designation allows the US Army Corp of Engineers to includethe Petaluma River
in its dredging'maintenance.program for "commercially viable" bodies of water within
the- United States.
There is. currently sufficient commercial activity (326,000 tons in 1999) on the Petaluma
River conducted by tuD and, 'barge companies'to; elp maintain this status and thus,keep
the Pe.'taluma>Rver dredged and maintained' as a navigable waterway for all types of
b:oating'users:
Finished concrete structures'for highways, sand for asphalt road construction ,-as .well as
oyster shell used in the poultry and wine , industres are routinely moved by barge along
the PetalumaRiver. The,D Street Bridge' is the gatewayto, a popular recreational boating
destination _ the Turning Basin.— the furthest navigable water on the River and within
walls nQ distance of restaurants, merchants, transportation hubs, and other city amenities.
Petaluma River Authority
DRAFT
05/05/2003
Page 4 of 23
f J, .1'
ICI,
The river's commercial value as a navigable waterway for transporting products to and
from 'Petaluma to San Francisco Bay is the key to P'etalurne's heritage land still is a vital
economic factor today. However, the budgeting: of'Federal funds for dredging is always
• at risk of being reduced and /or'elim nated. We must coniinue to lobby for these funds,
Without continued dredging, parts oFthe River could become unnavigable within 4 to 8
years.
Recent Activity on the Petaluma River:
A major flood control project is under continued, construction between Copeland St. and
Lynch Creek., This has been an,Army Corp of Engineers 'proj ect with additional funding
from the City of Petaluma. The project costs are approximately $4. million and involve
widening the .River and raising two street and twa railroad bridges. The project was 80 %
complete at the end of 2002.
The Corps of Engineers has historically been dredging the upper Petaluma River every
four years and the. lower river every six years. However the 1996 cycle was skipped due
to the lack of Federal funds that left the river ;channel clogged with 250,000 cubic yards
of silt. Finally after _six years,. the upper river "was dredged during November, 2002 to
February 2003. Unfortunately.. because of delays. and mechanical problems the operations
had to be halted at about 85 % completion due to U. S`. Fish and Wildlife restrictions of
working during fish migrations. Completion of the dredging.project will take place in
Spring 2003. Also, under, a separate contract about 30,000 cubic yards of material will be
dredged from the Petaluma Marina in June and July 2003. The next regular dredging
operations should take place in 2006.
The "D" Street Bridge project.has put over, $5'million worth of repairs into earthquake
and upgrade improvements: This long overdue maintenance work was needed to ensure
continued long -term use of this, important River crossing.
The turntable railroad bridge that crosses the Petaluma River adjacent to Hwy 101 has
recently experienced repairs to fender pilings that protect this structure from the
continued heavy commercial„ traffic on the River, but;,it is still in need, of future
replacement. This work WAS conducted by the Railroad Authority under direction of the
US Coast Guard that is the agency responsible for ensuring that adequate maintenance is
performed to protect bridges that cross - navigable waterways within the United States.
Factors of Influence On the Petaluma River:
City of Petaluma General Plan is now being updated and will focus attention on the
Petal_uma.Riv.er as a.component of thisplanning ,document. This planning document
is meant to be the community's 20- year - vision, ,'for Petaluma: 2003 to 2023.
a) New development, projects are currently being- constructed or are in'the
advanced planning stages along the river _
b) Sheraton Hotel at the Petaluma Marina:
c) Haystack Market Place and Basin Street Properties developments next to the
turnin basin.
•
Petaluma River Authority
DRAFT
05/05/2003
Page 5 of 23
Factors of Influence. On the Petaluma River continued.:
d) Growing usage of arks and recreational facilities and the desire of the ublic •
g g_ P p -
to have access to the Petaluma River has compelled the City of Petaluma to
acquire and improve parks such as Shollenberger.
e) Acquisition of McNear Peninsula for a Petaluma city park is a long -term goal.
A sizable portion of the penins "ula.has already been purchased by the city.
f) The City has awarded ..,contract for the preparation of design plans to
construct portions of the ' "Petaluma River Access and Enhancement Plan"
adopted by the City Council. in 1995. The first phase of this project will.
include Water St., the "Turning Basin" and a bike /pedestrian ,path upstream to
Lynch Creek.
Flood control design changes'to the Petaluma River at the Payran Reach. Extensive sheet
pile installation and widening of "the channel has taken place in this area. US Army Corp
of Engineers and the City of Petaluma have been.the architects and developers of this
project. The Water Transportation Authority (WTA) has be gun. the process of
identifying, _analyzing and recommending'potential water transportation sites in the North
Bav:
IV.* Background Data
Commercial Usage:
g y rp g'
➢ Annual Commercial Tonnage: The most recent Arm Co s of Engineers data states
that in 1999, 326,000 tons were reported. (Chart attached to General Provisions
Document). F
➢ Cornmercial, Industrial Operations: Numerous commercial and industrial
businesses maintain operations'on the Petaluma River and contribute to the annual
commercial tonnage, thereby keeping the River dredged on a four -year cycle by the
Army Corps of Engineers. These industrial users in the Petaluma area include Jerico
Products, Inc. Pomeroy Corporation, Shamrock, Inc., Western Deck and Dutra
products.
Tourism and Related Impacts:,
)> Sonoma County Sheriffs Department Boat Count: 414 vessels were counted on the
Petaluma River Waterway on the date of'July 15,. 2001.
➢ Leisure Boating Traffic: The Petaluma Turning Basin sees 1,200 scheduled boats
annually, and it..is estimated that another 10 -12% do visit without scheduling.
➢ Petaluma Marina Traffic With 1.98 berths, over 50% (and growing) of available
berths are utilized on an average annual basis.
➢ Tourism Excursion Traffic: Currently, "American Safari Cruises" a cruise company
operating. 120 ft. luxury yachts, is berthing in the Petaluma. Turning Basin on a
regularly.scheduled basis for the second year These very high - demographic visitors
are also shopping and visiting Historic Downtown ,Petaluma during their stay.
L]
Petaluma River Authority
DRAFT
05/05/2003
Page 6 of 23
Tourismand Related Impacts cont.:
➢ Economic Visiting Boater Spending Impacts; Study performed in 1998 with the
Petaluma Yacht Club Petaluma River, Cornmittee'and Petaluma Visitors Program
showed the leisure boating, activity in the Petaluma Turning Basin was estimated at
$600 ;0,00 spending' annually; based on stated expenditures by visiting boaters.
(Source, article in,the Press Democrat by Guy Kovner.)
"Restaurants and Antiques Shops in Historic Downtown Petaluma have noted that
anywhere froin.20 — 50 % of their business revenue is derived from visitors, and
leisure boaters. comprise_a good portion of these visitors." Samantha Freitas,
Executive Director, Petaluma Downtown Association.
Registered or Documented Boats:
➢ The county population of 427,00.0 is expected to grow at 2% /year for the next
decade (Center for the. Continuing Study of the California Economy, 1997), It is
moderately affluent, with personal income per capita of $27,0.00 (near the middle of
the Bay Area counties),:'and total personal income of $12 billion expected to rise
about 2.5 through 2005 (same source).
➢ Boat registrations in the'. county, 20,054 boats, areenearly double the state and Bay
Area averages per thousand population -.. The difference, however, is in the very large
number of small boats. As the following table 'shows, there are estimated to be only
about 800 boats over 26' registered to county residents.
Reeistered or Documented Boats Vitfi Sonoma County Addresses
December
2000
Propulsion
L <20 0
1,20 25" 11_
L26 39 11
L40 63 0
U65
TOTAL
Hand
.470
4
474
Jet
2,528
1;19
1.
2,648
Outboard
8;284
456
:47
10
6
8,803
l/0
804.
659
148
26
1
1,638
Inboard
3,159'
1,468
iSi
20
2
4,780
Sail only
761
1.29
, 38
•2 ,
1
931
sail "with auxiliary
63
130
179
7
379
Other or unknown
485
6.1
244
.119
12
943
Total,
_ , 16;554
3,026
." _ 188'
184
22
20,596
Table 3 Sonoma Covnty Rey terect or Uoc=eriten Boats
Sources: US Department.of Transportation; California Dept. of Motor Vehicles; reo stered vessel length
prgjectedlrom' 1994
River Frontage Property:
The e'pproxirriately 16 mile length of the Petaluma'River represents 32 miles of
shoreline with many properties and parcels having either direct or partial access to the
River;
Petaluma River Authority
DRAFT
04/01/2003
Page 7 of 23
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Petaluma River Authority
Background & Context, Page 8 of 23
�® Petaluma River Citizens
Advisory C o =ruittee
Sub Committee Goals
River Maintenance and Enhancement Sub Committee
Funding Sub Committee
Legislative Issues and Concerns Subcommittee
Public Safety Subcommittee
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Page 9 of 23
River Mainten'an'ce And Enhancement Subcommittee
The committee discussed two current documents pertaining to the River and watershed
A. Petaluma River Access and,-Enhancement Plan
Produced, by the city•and adopted May of 1996.
Describes the community vision for the Petaluma River and elaborates on the Petaluma General.
Plan 1987-2005 regarding the river and the properties, abutting it
B. Petaluma Watershed'Enhancement Plan
An owners manual, for the residents and landowners of the watershed. as of'July .of 1999 prepared
by Sonoma County Resource Conservation District with a two -fold purpose:
1:, Identify existing conditions and issues
2. State'a set of goals and recommend actions for improvement of the watershed.
It was agreed that copies of these documents should be acquired and studied by
members of the committee
The committee discussed goals for itself and set four goals and assigned responsibilities'to current
members.
Goals
1. Maps
a. Acquire ad isplay map for River Authority meetings
b Create a working map with overlays for charting various areas of interest and
concern
2. Information
a. Create a list of agencies (what they "do and who to contact)
b. Establish'a library (published media, documents, articles) and.audio visual
presentations ,pertaining to the River
c. identify education information sources ( locate or create qualified speakers,
guides and community resources for public presentations)
3. History and Education
a. Create a list of historic sites along the river
b. Identify education and information sources
1. Locate and list qualified speakers, guides, naturalists
2. List and develop river and wetland access sites and opportunities
4. Conditions
a. List of existing conditions and areas of concern
I.- Locate and document sites that deserve attention
2. Track changes as they occur
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Page 10 of 23
Funding Sub Committee
Goal: Directing and channeling resources related to river enhancement and improvement
1. A. Funding sources for the PRA projects
• City and County funding
a State funding
a Assessment District
• Developer costs
• Existing Redevelopment Agencies
a Developer Fees
a Grants -- Parks & Recreation
• Open Space District
a Corporate Sponsorship
B. Projects to be funded
• Periodic River Dredging develop a long -term reliable source of funding not tied to
commercial river tonnage
• Riverwalk
• River bank stabilization
• Implementation of CPSP and River Enhancement Plan
• River maintenance and public safety*
Funding of internal operations of the PRA as an organization
• City and County
• Grants (River allotments in place)
• Redevelopment Agency
• Assessment District
* See also River Maintenance section. Much of that work has'been funded through Sheriff s
Department
r
L-A
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Page 11 of 23
Legislative Issues And Concerns Subcommittee
1. Goal 91: Have local jurisdictions accept the PRA as an umbrella organization
2. A long -term :goal of the PRA as an entity would be to eventually become independent of the PACC
and the goal of the Authority is to seek:status as a joint powers,agency for the following reasons:
a. It 'is required for the creation and enforcement of a set of unified, ordinances for the entire,
river. Right now there are some conflicting laws between the Dept. of.$oating and
Waterways, the Counties of Sonoma and Marin and the Cities of Peta_luma,and Novato. This
is currently the single largest regulatory challenge for the Sheriffs and Police.
b. There already exists a citizens advisory committee (the River Committee) but t'lacks
recognition as a guiding authority
c. The process of establishing a legal joint powers entity will help bring ALL the jurisdictional
entities to the table
d. Solicit delegated authority for agency communications with the public
e. Pursue Board of Supervisors endorsement
3. Goal 92: „Waterways ordinances
Revise and coordinate with other jurisdictions
Enforce with dedicated resources
•
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Public Safety Subcommittee
•
Petaluma River Authority
DRAFT
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Page 13 of 23
1'.
Goal 41:
Abandoned: Vessels
a.
Implementation of grant— Grant Obtained of 7/1/01
b.
Establishment of impound yard - continue to explore needs
c.
Setup ongoing program
d.
Remove vessel
2.
Goal 42: Coordinated Ordinances
a.
Petaluma PD meets with Sheriff s Office — ongoing — submitted back to State
b.
Mirror like ordinances
c.
Meet with Marin Sheriff's Office in the near future
d.
Re- submit to State
e.
Establish mechanism for, public input
3.
Goal #3 Improve Public Perspective of Security
a.
Explore posting signs
b.
Lighting, appearance (Environmental Crime Prevention)
C.
Public relations through photos and stories; photo op in July in TB
d.
Education of boating community of w /law enforcement
4.
Goal 94 Coordination of Water -based Public Safety
a.
Establish memos of understanding between SCSO, POPD, MSO, Coast Guard
b.
Network with Fire Dept and EMS
c.
Joint training events
d.
Ensure PR of about
e.
Involve Fire, EMS'in committee
•
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Page 13 of 23
PRA Petaluma
River
Authority
DRAFT 04/0.4403
MEMORANDUM OF UNDERSTANDING
REGARDTNG
THE - PETALUMA RIVER AUTHORITY
This Memorandum of Understanding: to create the Petaluma River Authorit};.('MOU') is
entered into, by and between the County of Sonoma C'Sonoma'), the City of Petaluma ( "Petaluma'),
the County of Marin ( "Marin'), and the City of Novato ('.,Novato').
WHEREAS,, the Petaluma River is an important historical, cultural, environmental, financial,
transportation, and tourism resource for southern Sonoma and Northern.Marin and
WHEREAS, responsibilities for and interests in various issues involving the; Petaluma `River
are divided amonc several 'different jurisdictions and entities; and
WHEREAS, it is the desire of the parties to this MOU to engage in a process whereby the
parties aril interested individuals can work collaboratively to create a framework in which issues
relating to the Petaluma. River can be addressed, discussed, and acted upon in a coordinated' manner,
and in which relevant information and resources canoe centralized and distributed; and
WHEREAS, it is also the desire of the parties to this MOU to create, a .pro.cess to recommend
and encourage coordinated actions by public and private entities and organizations to. improve - the
usefulness of the PetalumaRiver to the public generally; and
WHEREAS, the,guiding documents for the Petaluma River. Authority shall b_e the State of
California Harbors and Navigation Codes, Federal and State Regulations, and those existiri`g area
specific,plans (ie. City and County area specific plans) rules, regulations, ordinances, or laws as
approved by the local.jurisdictions who are members of the Petaluma River Authority; and
WHEREAS, the Petaluma River Authority will use existing United States Coast Guard and
State oft alifornia Department of Boating and Waterways rules, regulations, ordinances, or laws, and
recognizes that such approved rules, regulations, ordinances or laws will take precedence over the
Petaluma River Authority, and wil'1_ guide any such regulating in in all subject, matters to be
created by the Petaluma River Authority within its jurisdiction upon the Petaluma River.. A function
of the Petaluma River Authority shall be the coordination and unification of ordinances pertaining to
the Petaluma River, including regulations pertaining to the anchoring and mooring of transient
vessels on the Petaluma River; and the Petaluma Rover Authority desires to recommend adoption of
regulations with the intent of assuring a, consistent complementary process for addressing concerns .
related to the Petalurna River Authority; and
Petaluma River Authority
DRAFT
05/05/2003
Page 1.4 of 23.
WHEREAS, the Petaluma River Authority will have the responsibility to advocate for
adoption of policies and regulations pertaining to the interests of its membership, provided however,
such Waterways and/or th Co of Sonoma and Marin, �al �orriia Department of Boating and
Y _ , h Cities of Petaluma and Novato; and
WHEREAS, a primary role for the Petaluma.River Authority shall be to advocate for the
regular scheduling of, and obtaining funding for; the dredging.ofthe Petaluma River Waterway (i.e.
San Pablo Bay Channel through the Petaluma Turning Basin) and River Bank stabilization and
erosion control, and other goals as established by the Petaluma River Authority; and
WHEREAS, the Petaluma River Authority was established by the Counties of Marin and
Sonoma, and the Cities of Petaluma andNovato on ------- [DATE1------- and
NOW, THEREFORE in consideration of the forgoing. the parties to this Memorandum of
Understanding (MOU) agree as follows:
1.040.020 Definitions
, NAUTICAL DEFINITIONS
a. Agency: refers to the,Pe'taluma River Authority established by Memorandum of
Understanding (MOU) on = [DATE]--- - - - - -, 2003.
b. Agencies Having Enforcement Authority:
I. CDu 1mtion i.e. Petaluma Police Department, Novato Police Department, Sonoma
y s Office, Marin County Sheriff's Office, United States Coast Guard).
c. Anchorage: Chapman Pilotingp.. " a customary, suitable and (usually) designated harbor
area in which vessels ma y, anchor ",[same in USCG Seam,anslup Manual Glossary]
d. Anchorage Area: any portion of the river, which,has been designated by the Authority for the
anchoring of vessels.
e. Anchoring attachment.of a vessel to the bottom or the shore of the Petaluma River, using
equipment, lines, rope, .chain, or cable which is carried onboard the vessel as regular
equipment when underway.
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Page 15 of 23
f. Commercial Vessels H &NC, Article 3, Section 760 [page 88] 'Definition of for -hire vessels.
As used in this article, ".for- hire'vessel" includes any vessel propelled b;ymachinerycarrying
more than.three. passengers for hire, except the following: (a) A seaplane; on the water, (b) A
watercraft specifically designed to operate_ .on a fixed course. 7500 Title 14 C_ CR [page 2`34]
more '
"carrying than three passengers for hire" and "carrying passengers for titre 'mean the.
carriage of more than three persons by a vessel "for'valuable consideration, whether directly or
indirectly flowing to the owner, chartered, operator, agent or any other person interested in the
vessel.
& Harbor H &NC, Chap, 1, Section 34. "Harbor means a portion ofthe ocean ror - inland waters
within the jurisdiction of this state: either, naturally of artificially protected so as to be a place
of safety;for vessels,: including the artificially protective works, the public lands ashore and
the structure& and facilities provided within the enclosed body of water and ashore, for the
mooring- and servicing of vessels and the servicing of their crews and passengers."
h. Houseboat a structure in the water; floating or not floating, used for an: extended period of
time for private residential use and generally not used.for recreational or active navigational
use.
i. Live - aboard a vessel having capability for active self-propelled navigation,moored' for an
extended period of time and used primarily during that time for -private residential. use and
used on some occasions for recreational or commercial purposes.
Moored Chapman Piloting, p. 626 "anchored, made fast to a pier, wharf etc.''
L Mooring; H &NC, Div. 2, Chap. 4, Sections 307/8. ",...moors vessel to or hangs on with the
vessel to,- . buoy or beacon...." Chapman Piloting, Page 626. " permanent ground tackle;; a
place where vessels are kept at anchor ".
1. Navigable Waterway H &NC, Chap. 1,, Section 36. "Navigable Waters' means waters which
come under- the Jurisdiction of the United States Corps of Engineers and any other waters
within the state with the exception of those which are privately owned.
m. Non- anchorage Area any portion of the harbor which has been - designated by the, authority as
an area where vessels may not anchor, but where mooring of vessels may be allowed pursuant
to Section 5 of H &NC.
n. Person H &NC, Chap. 5, Section 773.2 (g) "Person means any individual, firm, ;partnership,
for - profit, corporation, limited liability company; association, joint stock association, trustee,
receiver, assignee, or other similar entity or representative" [p.9.0] H &NC, Chap. 5`,, Section
651 (r) "_but does not include the United States, the 'state, or a municipality or subdivision
thereof." [p.54]
Petaluma River Authority
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Page 1`6 of 23'
o. Petaluma River: That body of water known as the "Petaluma River," "Petaluma Slough," and
/ or "Petaluma Tidal Estuary" for its entire length (approximately 16 miles) between the
N.W,P,R.R, bridge. at Black Point,(the entrance to San Pablo Bay) to its confluence with
Willow Brook Creek just, northwesterly of Old Redwood. Highway, and the navigable waters
therein (as defined in the H & NC Chapter 1, Section 3 "6) and those estuaries, sloughs, creeks
and channels subject to the Mean Higher High Tide (N.,A.V.D. 88 Datum) directly connecting
with said body of water with the exception of "those waters above mentioned that are privately
owned.
p. Special Area Plan H &NC Section 660 [Page 661 Special Use Area: Any ordinance, law,
regulation, or rule relating to vessels, which is adopted pursuant to provisions of the law other
than this chapter by any entity other than the.department (California Department of Boating &
Waterways, hereafter CA Dept. B &. W) including but not limited to any county, city, port
authority, district, or any state agency other than the department (CA Dept. B & W) shall,
notwithstanding any other'provision of law, pertain only to time -of -day restriction, speed
zones, special use areas and,sanitation and pollution control, and the.measure shall not
conflict with this chapter or the regulations adopted by:the department (CA Dept. B & W).
Except any measure relating to boats vessels adopted by any,governmental entity other
than the department (CA Dept. B & W) shall be submitted to the department (CA Dept. B &
W) prior to adoption and at least, 30 days, prior to the effective date thereof.
q. Specified Are Plan Any plan adopted by local,, state or federal government that identifies a.
specific area.
Vessel H &NC, Chap. 6, Section 775.5'(e). "Vessel:means every watercraft or other
contrivance used or capable of being used as:ameans of transportation on the waters of the
state, excepting foreign and domestic vessels engaged 'tin interstate or foreign commerce upon
the waters of the state" [p.92] H &NC, Chap. 2, Section 501 .(e) "other than a seaplane on the
water or a floating home.., and required to be registered..." [p.411
s. Transient Vessels: a vessel that is not regularly anchored',. moored, or berthed on the Petaluma
River.
Sources
• State of California Harbors and Navigation Code (H &NC) California Department of Boating &
Waterways
• Chapman Piloting
• United States Coast Guard (USCG) Seamanship. Manual Glossary ` " anchorage and the protection
of ships.
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ADMINISTRATION
Chapter: 2:03 Governing Board, Petaluma River Authority
1. Governing Board of the Petaluma..Rver Authority shall maintain and ,coordinate those provisions
of'the 'Goverrimdrital code and policies for the Petaluma River relative.to:
a. The Petaluma River Authority will use existing United States Coast Guard and
State of California Department'of Boating and Waterways rules, regulations,
ordinances or laws,'and recognizes that such approved rules, regulations,
ordinances or laws will take precedence over local law and will' guide any such
regulating instruments in all subject matters to be created by the Petaluma River
Authority. A function of the Petaluma River Authority.-shall be the coordination
of ordinances pertaining to the Petaluma River, with the intent of .assuring a
consistent complementary process for addressing concerns related to the Petaluma
River.
b. The; Petluma River Authority will recommend adoption of policies and
regulations pertaining, to the interests of the Petaluma River Authority members
(signatories of'MOU), provided however, such policies andregulations must be
approved by the California Department of Boating and Waterways and / or the
Counties of Sonoma and Marin, and the. Cities of Petaluma and Novato; and
2. The Governing 'Board shall implement the primary role of the Petaluma River Authority, which is
the scheduling of, obtaining funding for dredging the Petaluma River Waterway:(i.e. Petaluma
Turning Basin through the San Pablo Bay Channel) and River Bank stabilization and erosion
control, and other goals as established by the Petaluma River Authority.
3. The Governing Board shall consist of nine (9) members, one to be selected by the respective Board
of Supervisors with,respect to each County's representatives, one to be selected by each City
Council with respect to each City's representatives as follows:
Sonoma County
3 members
Marin County
2 member
Petaluma
3 members
Novato
1-member
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it
Organizational structure shall be as follows:
a. Such members appointed shall serve at the pleasure of such Governmental body
for a term of three (3) years, which may be renewed by the respective
governmental body.
b. The governing body shall elect;from`its own members a Chairman and Vice
Chairman whose terms of office shall be two (2). years. The Chairman and Vice
Chairman may not be reelected to a second consecutive term in the same office.
C. An alternate may be appointed by each member jurisdiction and such alternate
may act for the member jurisdiction in the absence of the regular member of the
governing body.
4. Votin : The members shall each have one vote in all matters brought before the authority
provided, however, that on any matter' affecting any member City or County a no vote from the
member of the affected City °County shall prohibit the Authority from taking the proposed
action within the affected jurisdiction's boundaries. The no vote provided for in the precedent
sentence may be cast by a member within thirty (30) days of -notice of the proposed action. In
the event a no vote is not cast in such aperiod it shall be, deemed waived.
5. Quoru m: A majority of the members of the governing body constitute a quorum for the
transaction of business. Nd.act of the. governing body shall be valid or binding unless a majority
of all the members concur therein.
6. Meetings Name. Party representatives shall meet'under the name of the Petaluma River
Authority. Meetings shall be held,not less than quarterly. All meetings of a quorum of party
representatives shall be noticed' and conducted pursuant, the provisions of the Ralph M. Brown
Act.
7. Public Participation The party representatives collectively may appoint representatives of the
public to serve on such committees, as they deemnecessary and appropriate to further the
purposes of this MOU. Reports, findings, or recommendations of such committees shall be
presented to the party representatives at a regularly scheduled meeting of the party
representatives.
8. Role- and Duties of PRA Annual Report The PRA shall perform all administrative and fiscal
duties relating to this'MOU. The PRA shall .provide necessary administrative support in
connection with meetings or activities under this MOU, and shall be responsible for holding (in a
separate account),, disbursing, and accounting for (under; generally accepted accounting
principles) any funds contributed by the parties under this MOU or otherwise received by the
party representatives, as' directed by the party representatives. The PRA shall provide such
reports on its administrative and fiscal duties as may be required by the parties to this MOU. The
PRA, in coordination with the party %representatives, shall prepare an annual report to the parties
describing the activities of the party representatives during the previous year. The party
representatives may 'collectively form a non - profit corporation for the purpose of performing the
duties of the PRA under this section.
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9. Powers and Authority Nothing is this MOU shall be construed as a delegation to the party
representatives, individually or collectively, or to any committee appointed by the party
representatives, of any governmental authority or power. The party, representatives, individually
or collectively' shall have only such powers,as are expressly granted by this MOU; No 'action
taken pursuant to "this MOU by the party representatives or by any com -mittee appointed.`by the
Chairperson shall be binding upon any of the parties absent subsequent adoption or ratification
by those parties.
10. Future Proposals The party representatives may collectively propose and encourage the
development of future memoranda of understanding, among some or all of ,the parties relating to
one or more' of the., areas of concern .set forth above. Except where prohibited by law, the party
representatives. may collectively propose and advocate legislation, or seek`funding for any
project; relating to one or more of such areas of. concern.
11.. Terrriirnation' Withdrawal Any party to this MOU may withdraw from participation in this
M-OU at anytime by providing written notice of withdrawal to the other parties„ and this MOU
shall be terminated as to that party effective 6 moriths'from date of notification.
12. Funding: Any party td this MOU may, in its sole discretion, and upon such terms as it deems
appropriate, provide .funds, property, or services for us e. in furthering the.purposes of this MOU.
1.04.030 Exemptions
The provisions of this MOU shall have no application to vessels operated by the United States of
America, the State of California, or any governmental entity or its agencies or instrumentalities
while they are in the act of performing their duties authorized by law. - Further; this ordinance
shall have no application to any vessel in an emergency situation'.
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• Secti.on 2.02.010 Administrator
a. An administrator hired to carry out the Mission and operating functions of the Petaluma River
Authority as approved and directed by the PRA governing Board.
b. Administrator and Governing Board are governed by the provisions of the Petaluma
Memorandum of Understanding (MOU).
2.04.011 Points of Contact
Petaluma Marina Supervisor' (707)'778.4489; Port Sonoma.-Harbor Master: (707) 778 -8055:
Pq WITNESS WHEREOF, the parties -have executed and delivered thi's Memorandum of
Understanding on the dates set forth below.
[Signatures]
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Petaluma River Authority
PROPOSED INTERIM BUDGET & FY FUNDING'REt7UEST
Proposed
Budget
(complete fiscal year)
Estirnated ! Requested; Revenue
In -Kind Contribution, of Petaluma, Includes the following:-
Rent;in sharedMarina Office twelve months
Included, Utllibes: telephone usage, fax usage, PG&E, janitorial
Value: $400 per month
County of Sonoma
County of Marin
City of Petaluma
City of Novato
G rants
Community /Regional Fundralsing Support
86,000
& AdrriinistratiomExpenses
O perating
Staff` Compensation: 7: PIT Administrator
Including Taxes, Workers' "Comp. Ins.
45,000
Annual Opei•ating'Expenses Complete Fiscal Year
Rent 400 peC'mo
After 2/02.Rent 700 per me
6,300
Repairs /Improvements
600
Utilities, After 1st•year,100 per mo
1,200
Insurance
2,000
Depreciation
1;500
Equip & Comp Mainterance
1,200
mileage/ Parking/Tolls
700
13;500
13,500
Annual Contract °Services
CPA
1,200
RfT /Bookkeeper
50000
Copier Lease
3,000
Telephone System,
600
Computer Consultant
1,000
10;800
10,800
Fixed Asset-, Purchases
Office Furniture: Desk Chair; etc
1,000
Computer& Software
500
Fax Machine?
400
1,900
1,900
Business Development
Collateral Fulfillment
Brochures, Cards; Letterhead
9,000
Training
1,200
Subscriptions /Dues
1,700
Meals
500
12,400
12,400
Services &;Supplies
,Postage
2,500
Teleohone
600
Office Supplies
1,800
Web Site Design /Maintenance
2,500
7,400
7,400
Total Operating. Expenses
91;000
Petaluma River Authority
DRAFT
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Page -22 of 23
1
0
The above draft budget incorporates the following assumptions
The PRA Administrative Operation will require financial support from County of Marin
and Sonoma, and the cities of Petaluma and Novato. Private industry investement
Will also be required and sought.
PRA would operate with "in- kind" office space (including some services
and equipment provisions) from. the City of Petaluma for the period of 12 months;
An administrative management contract with the City of Petaluma would outline the
specific services and pertihent agreements.
The PRA will hire. an appropriate professional administrator on a part -time basis.
Petaluma River Authority
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Page 23 of 23