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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. i 4675545 i i I . t I. 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 a D ® S3 D00 00 V C7 O m n �t p O v N E I 53,000.00 CD ci 1 � I 44,000 } CIk A) CD -* N -{ CD -' O Ti Q 1 =' O N �. 'cc 29 205 00 v c t,i , M o c a ry C N K, fD Z M . n D °c f I �.�a� o a CD O e -' m ® 52 402 00 Z (,� y i o 0. w cD, m .m 40,874 00 I °' 'C k CD O w, O fA O �' '' _ N �. it M O ID ® 65,782.00 s �, A 3 Lj K O y ,m ® 115 180 00 o CD c� c 0 °' o < o v w ° i o -� I 3 _ C N 158 050.00 Y. cc to or w -;' •Q P 00 >v . ID 3. N co' oo CD CY A7 y ` O 3 ?' I 1,675,340 00. CD 1 I ID 0 CD 310,23500'I t ,1 L. CD m S, I u. O ,� 1 I l i o W 351 414 00 o _' 1 , � v i l —OTi, 286 880 DO : m O 01 0 N v sY 4. O :Q. > ' rt p I I 47 Z CL Q ?. 0 'W �> O 'T1 O y - i v Ir G,C 3150000,0 I' j I r f l � w ;o a w �( 208 00 00 rt t I `r Q - m in .co "= cc A I 232 Of 0. 00 ` ri F �` o -+: Z Jr O T f . f �, O CM 196 ODO 00 I �, +� , CD 1 >_ a N rt .. �. t✓ a CD o �. ® 209 ° W CD 216,000.00 to 3 d 1 m 0 w Q < z ® 2so 000 00 m v z M R CD C o ® 326 000.00 I Rj o - n 'm C cc to 3 I - n cn, C. 07 0 ° CD C) 'V O C CD �' N i .. I d :; ° o : ® 326 000.00 I I N � y � o,D cD N i.. nr , n�i c ° 322 000.00 Not True :Scale Tons (1'•00,000) Dates Latest Revisions: 2122101, 7111/0:1, 413103 Tonnage Summary supplied by John FitzGerald &.Associates (70:7)`762 -0 667 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 Petaluma River Authority DRAFT 05/05/2003 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 Petaluma River Authority DRAFT 05/05/2003 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 Petaluma River Authority DRAFT 05/05/2003 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 • Petaluma River Authority DRAFT 05/05/2003 Page 12 of 23 Public Safety Subcommittee • Petaluma River Authority DRAFT 05/0/2003 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 • Petaluma River Authority DRAFT 05/0/2003 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. Petaluma River Authority DRAFT 05/05/2003 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 DRAFT 05/,05/2003 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. Petaluma River Authority DRAFT 05/05/2003 Page 17 of 23 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 Petaluma River Authority DRAFT 0/05/2003 Page 18 of 23 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. Petaluma River Authority DRAFT 05/05/2003 Page 19 of 23 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'. Petaluma River Authority DRAFT 05/05/2003 Page 20 of 23 • 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] Petaluma River Authority DRAFT 0/05/2003 Page 21 of 23 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 05%05/2003 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 DRAFT 05/05/2003 Page 23 of 23