HomeMy WebLinkAboutOrdinance 2837 N.C.S. 02/06/2023 DocuSign Envelope ID:EE6E50BF-D809-4429-8528-A350C6ADAB85
EFFECTIVE DATE ORDINANCE NO. 2837 N.C.S.
OF ORDINANCE
March 08, 2023
Introduced by: Mike Healy Seconded by: Janice Cader Thompson
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA APPROVING
PURCHASE AND SALE AGREEMENT OF RIGHT OF WAYS OF REAL PROPERTIES,
COMMONLY KNOWN AS 276 CORONA ROAD (APN 048-080-036), 1364 N. MCDOWELL BLVD.
(APN 137-011-016),AND 1368 N.MCDOWELL BLVD. (APN 137-011-015); AND, 745 N.MCDOWELL
BLVD. (APN 048-080-037)AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT AND ALL OTHER DOCUMENTS NECESSARY TO COMPLETE THE PURCHASE
AND SALE,AND FINDING THIS ACTION IS EXEMPT FROM CEQA PURSUANT TO CEQA
GUIDELINES SECTION 15301 (EXISTING FACILITIES)
WHEREAS, the first reading of this ordinance came before Council on January 23, 2023, and Council
unanimously approved it, and
WHEREAS, Section 46 of the Charter of the City of Petaluma requires that actions for the acquisition, sale,
or lease of real property be taken by Ordinance except for such actions involving sums less than$3,000 or actions
pursuant to general state law; and
WHEREAS,pursuant to Resolution 2022-161 N.C.S.,the City of Petaluma(City) entered into an agreement
with Team Ghilotti, Inc. for the McDowell Boulevard Complete Streets Project, which included funding for the
acquisition of certain properties commonly known as 276 Corona Road, County of Sonoma Assessor's Parcel
No. 048-080-036; 1364 N. McDowell Blvd., County of Sonoma Assessor's Parcel No. 137-011-016; 1368 N.
McDowell, County of Sonoma Assessor's Parcel No. 137-011-015; 745 N. McDowell, County of Sonoma
Assessor's Parcel No. 048-080-037 (the Properties); and
WHEREAS, the City has negotiated a purchase and sale agreement between the City and Larry R. Johnson,
Trustee under the Larry R. Johnson Trust, owners of the property, in the amount of$5,000, a copy of which is
attached as Exhibit A and incorporated herein by reference; and
WHEREAS, the City has negotiated a purchase and sale agreement between the City and Marilyn D.
Diamond, Trustee under the Marilyn D. Diamond Trust, owner of the property, in the amount of$38,000, a copy
of which is attached as Exhibit B and incorporated herein by reference; and
WHEREAS, the City has negotiated a purchase and sale agreement between the City and D Petaluma, LLC,
owners of the property, in the amount of$45,000, a copy of which is attached as Exhibit C and incorporated
herein by reference; and
WHEREAS,the City has negotiated a purchase and sale agreement between the City and Round Walk Village
Partners 2 LP, owners of the property, in the amount of$8,000, a copy of which is attached as Exhibit D and
incorporated herein by reference; and
Ordinance No. 2837 N.C.S. Page 1
DocuSign Envelope ID:EE6E50BF-D809-4429-8528-A350C6ADAB85
WHEREAS, this action is statutorily exempt from the California Environmental Quality Act (CEQA)
pursuant to CEQA Guidelines Section 15301(C) (Existing Facilities) as the project will repair and make minor
alterations to existing highways and streets, sidewalks, gutters, and similar facilities for public safety.
NOW THEREFORE BE IT ORDAINED by the City Council of the City of Petaluma, as follows:
Section 1. The above recitals are hereby declared to be true and correct and hereby incorporated into this
ordinance as Endings of the City Council.
Section 2a. The City Council approves the purchase and sale agreement (Agreement) between the City of
Petaluma and Larry R. Johnson, Trustee under the Larry R. Johnson Trust, in the amount of$5,000, a copy of
which is attached as Exhibit A and incorporated herein as reference.
Section 2b. The City Council approves the purchase and sale agreement (Agreement) between the City of
Petaluma and Marilyn D. Diamond, Trustee under the Marilyn D. Diamond Trust, in the amount of$38,000, a
copy of which is attached as Exhibit B and incorporated herein as reference.
Section 2c. The City Council approves the purchase and sale agreement (Agreement) between the City of
Petaluma and D Petaluma, LLC, in the amount of $45,000, a copy of which is attached as Exhibit C and
incorporated herein as reference.
Section 2d. The City Council approves the purchase and sale agreement (Agreement) between the City of
Petaluma and Round Walk Village Partners 2 LP, in the amount of$8,000, a copy of which is attached as Exhibit
D and incorporated herein as reference.
Section 3. The City Manager is authorized and directed to execute the Agreement and all other documents
reasonably necessary to complete the purchase and sale, according to the terms of the Agreement.
Section 4. 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 other otherwise invalid.
Section 5. This Ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma
City Council.
Section 6. The City Clerk is hereby directed to publish or post this Ordinance or a synopsis for the period and in
the manner provided by the City Charter and any other applicable law.
INTRODUCED and ordered published and posted this 23'day of January 2023.
ADOPTED this 61" day of February 2023,by the following vote:
Ayes: Mayor McDonnell, Barnacle, Vice Mayor Cader Thompson, Healy,Nau, Pocekay, Shribbs
Noes: None
Abstain: None
Absent: None
Ordinance No. 2837 N.C.S. Page 2
DocuSign Envelope ID: EE6E50BF-D809-4429-8528-A350C6ADAB85
DocuSigned by:
Kevin McDonnell, Mayor
ATTEST: APPROVED AS TO FORM:
Le
DocuSigned by: DocuSigned by:
�ti �Q
Kendall Sawyer, CMC, City Clerk Eric an y, ity Attorney
Ordinance No. 2837 N.C.S. Page 3