HomeMy WebLinkAboutOrdinance 2746 N.C.S. 09/21/20201
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EFFECTIVE DATE
OF ORDINANCE
October 21, 2020
Introduced by
Gabe Kearney
ORDINANCE NU, 2746 N.C.S.
Seconded by
Mike Healy
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA RATIFYING THE EXECUTION OF
A LEASE RENEWAL AMENDMENT WITH NORTH BAY ANIMAL SERVICES IN ACCORDANCE WITH
SECTION 46 OF THE PETALUMA CHARTER
WHEREAS, the City conducted competitive solicitation for animal services providers in
2018; and
WHEREAS, North Bay Animal Services (NBAS) was the successful bidder in that
solicitation and entered into an agreement with the City to provide said services, which was
approved by the City Council on June 18, 2018; and,
WHERAS, the agreement term ends on July 31, 2020 with two 1 -year extensions
available, for a maximum term date of July 31, 2022; and
WHEREAS, the City is interested in securing alonger-term agreement with NBAS and
ensuring that high quality animal services are available and sustainable, while maintaining
predictability for the City's General Fund; and
WHEREAS, NBAS has not only been providing the City contract animal services, but also
operating the City facility at 900 Hopper Street under contract, and therefore the City entered a
lease with NBAS for the 900 Hopper Street facilities to establish the terms governing NBAS' operation
and use of the City facilities; and
WHEREAS, the existing lease between the City and NBAS for the animal services facilities at
900 Hopper Street, like the current animal services agreement between the City and NBAS, is
currently set to expire on July 31, 2020; and
WHEREAS, Section 46 of the Petaluma City Charter requires that certain City real property
transactions, including lease of City property valued at $3,000 or more, must be approved by
ordinance; and
WHEREAS, there is insufficient time for introduction and adoption of an ordinance approving a
lease renewal with NBAS and running of a 30 -day referendum period prior to expiration of the NBAS
service contract and lease agreement on July 31, 2020; and
WHEREAS, California cities may ratify actions that they possess the power to perform, so loan
as the ratification takes the form required for the original act (Los Angeles Dredging Co, v. City of Long
Beach (1930) 210 Cal. 348); and
Ordinance No. 2746 N.C.S.
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WHEREAS, ratification of an amendment renewing the lease agreement with NBAS pursuant
to this ordinance is categorically exempt from the California Environmental Quality Act ("CEQA") in
accordance with Section 15301 of the CEQA Guidelines as an action providing for the operation,
maintenance, and leasing of existing City animal care structures, facilities, and mechanical
equipment involving no expansion of use beyond that currently existing;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Petaluma as follows:
Section 1. Recitals Made Findings. The above recitals are hereby declared to be true and correct
and incorporated into this ordinance as findings of the City Council.
Section 2. CEQA Exemption. Renewal of the lease agreement with NBAS is categorically exempt
from CEQA in accordance with Section 15301 of the CEQA Guidelines as an action providing for the
operation, maintenance, and leasing of existing City animal care structures, facilities, and
mechanical equipment involving no expansion of use beyond that currently existing.
Section 3. Lease Agreement Renewal with NBAS Ratified. Renewal of the lease agreement with
North Bay Animal Services entered July 30, 2018 on behalf of the City and effective August 1, 2018
regarding City animal care facilities and equipment located at 900 Hoper Street in Petaluma, which
lease is made a part of this ordinance by this reference is hereby ratified in accordance with the
requirements of Section 46 of the Petaluma City Charter and other applicable law. The City Manager
is authorized and directed to execute a lease renewal with North Bay Animal Services which renewal
shall extend the term of the agreement to July 31, 2026 and add a 3 -year extension option which
could extend the agreement to a maximum term of July 31, 2029.
Section 4. Severability. If any section, subsection, sentence, clause, phrase or word of this
ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of
competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect
the validity of the remaining portions of this ordinance. The City Council of the City of Petaluma
hereby declares that it would have passed and adopted this ordinance and each and all provisions
thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional,
unlawful or otherwise invalid.
Section 5. Effective Date. This ordinance shall become effective thirty (30) days after the date of
its adoption by the Petaluma City Council.
Section 6. Posting/Publishing of Notice. The City Clerk is hereby directed to publish or post this
ordinance or a synopsis for the period and in the manner provided by the City Charter and
other applicable law.
INTRODUCED and ordered published and posted this 20th day of July 2020.
ADOPTED this 21St day of September 2020 by the following vote:
Ayes:
Noes:
Abstain
Absent:
Mayor Barrett, Healy, Kearney, King, McDonnell, Miller
Vice Mayor Fischer
None
None
Teresa Barrett, Mayor
Ordinance No. 2746 N.C.S.
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I ATTEST:
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6 TI Samantha Pascoe, CMC, Deputy City Clerk
APPROVED AS TO FORM:
Eric Danly, City A
Ordinance No. 2746 N.C.S. Page 3