Loading...
HomeMy WebLinkAboutStaff Report 03/26/2001 (18) • v CITY OF PETALUMA, CALIFORNIA 3 • AGENDA .BILL "genda Title: Meeting Date: introduction of Ordinance for Airport Hanger Ground Lease Janxlsiy 16, 2001 --4 M0.rch5, aOO1 Department: Director: Contact Person: Phone Number: Public Facilities& Skladzien Glose, Batty 707 778 4345 Services Cost of Proposal: n/a. Account Number: N/A Amount Budgeted: n/a Name of Fund: Attachments to Agenda Packet Item:' Lease Agreement Ordinance Approving Lease Agreement Summary Statement: The Petaluma Municipal Airport has property planned and available for the development of privately owned executive-type hangers. The Airport Commission has previously approved the agreement and recommends the development of the parcel, located next to the Pflendler hanger. Development of this area is consistent with the Airport Layout Plan. • ;Council Priority: THIS AGENDA ITEM IS CONSIDERED TO BE PART OF, OR NECESSARY TO, ONE OR !MORE OF THE 1999-2000 PRIORITIES ESTABLISHED By THE CITY COUNCIL ON JANUARY 30, 1999 AND MARCH 18, 2000. Priority(s): N/A ;Recommended City Council Action/Suggested Motion: Introduce the Ordinance approving the lease agreement and directing the City Manager to enter into the agreement. I Reviewed by Finance Director: Reviewed by City Attorney: Approved by City Manager: Date: Date: 7. Date: �y� of 1 Today's pate` �-V 0/ Revision, au-Q� /I7, l.-�7 ' evision 14 and Date Revised: ile Co : December 1, 2000 • CITY OF PETALUMA,,CALIFORNIA January 16,-2001 SI AGENDA REPORT $ FOR GROUND LEASE AGREEMENT -AIRCRAFT HANGER 1. EXECUTIVE:SUMMARY: The Petaluma Airport-has space available for the development of privately owned aircraft hangers. Mr: Bud Toly has agreed to enter into a ground lease for the purpose of building a private executive-type aircraft hanger on a city-owned site next to an existing hanger. The location conforms to the Land:Use Plan for the airport (see attached site plan). Mr. Toly is willing to enter into a long-term lease agreement and to pay for all improvements to the site, including utility extensions. The lease rate, at 25 cents per,square foot of parcel space, is consistent with similar airport land leases in the area. The term of thedease.is thirty(30) years with a first right of refusal for an additional twenty(20) years, subject to obtaining a mutually agreeable lease with the City. An annual CPI adjustment is included in the rate. 2. BACKGROUND: Last summer, Mr. Toly and others approached.the-Airport Commission regarding interest in obtaining a long-term lease to erect a,private executive hanger at the airport. After several months of discussion,the other parties withdrew from the project. Mr. Toly is interested in proceeding with the lease and construction on his,own: The development of the hanger would contribute to the overall development of the airport property and is consistent in location with the Airport Land Use Plan. In consideration that the airport.currently has no funds to develop or extend utilities and other • y. improvements to the building site, Mr. Toly agrees to front the cost of those improvements. The City has offered a"credit" on his rent, based on actual documented expenses, to off set those costs not to exceed $20,000, computed at 40% of his base rent. Based on an approximately lot size of 20,000 sq ft, revenue.to'the City during the initial 30 year period would be $150,000, plus CPI. At the end of the term of the lease, the City could negotiate`a renewal or may take possession of the improvements for use as the City sees fit in accordance with the use regulations. 3. ALTERNATIVES: Recommend modifications to the lease Not approve'the lease and opt for the City to build it's own building or wait for some other proposal at some future date. 4. FINANCIAL IMPACTS: Development of this project will another long-term tenant at the airport. Tenant will purchase fuel and other services from the airport and its other tenants, thereby increasing the viability of the airport. No development costs will be attributed to the City. Development fees will be assessed. • ��ort Hanger Lease ,:;ember 1, 2001 Page 2 5. CONCLUSION: The proposal,is consistent with the development guidelines of the airport and would be a welcome addition to the,existing facilities, both public and private. 6. OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WILL IDENTIFY SUCCESS OR COMPLETION: Success will be measured by the timeline for construction contained•in the lease agreement: 7. RECOMMENDATION: Approve the lease agreement and introduce the ordinance approving the lease. g:/forms/2000 Agenda Bill revised 042100 • • • • NON-COMMERCIAL LEASE AGREEMENT PETALUMA:MUNICIPAL AIRPORT THIS LEASE AGREEMENT is made and entered into as of the day of 20_, by and between the CITY OF PETALUMA, a political subdivision of the State of California, hereinafter referred to as "Lessor" or "City" and Bud Toly, hereinafter referred to as"Lessee." WITNESSETH WHEREAS, the Lessor herein'is;apolitical subdivision duly organized and operating under the laws of the State of California, and owns all that certain real property located at the Petaluma Municipal I Airport, Petaluma, California, a city airport, hereinafter'referred to as ' Airport and WHEREAS, Lessor deems it advantageous.to itself and the operation of the Airport to lease unto ' Lessee 'a certain parcel of land described herein, together with c ertain privileges, right, uses and I interest therein, as hereinafter set forth;and •.j WHEREAS, Lessee proposes to lease a ground area consisting of those portions of the Petaluma • Municipal Airport described in Exhibit `A" and shown on the plat marked Exhibit "B," attached hereto Viand incorporated herein by reference (the "Premises"). Said properties shall be used as a general aviation aircraft storage hangar; and I WHEREAS, Lessee has indicated a willingness and ability to properly keep and maintain and improve the leased ground in accordance with standards established by Lesor; and ' WHEREAS, Lessee desires to obtain and avail itself of the privileges, rights, uses and interest therein and herein. • NOW, THEREFORE, IT IS AGREED AS FOLLOWS: • 1. TERM Lessor, for and in consideration of all the covenants, conditions, and agreements to be set forth hereinafter to be kept and performed by Lessee and by Lessor, does hereby lease unto Lessee, on all the conditions, covenants, terms and agreements hereinafter set forth, those certain premises described,<in Exhibits A,and B attached hereto and incorporated herein, for a term of i thirty (30) years, commencing on and ending on 1111 ) Lessor hereby grants to Lessee a,first right of refusal to extend this lease by not more than twenty (20) years, subjecvto obtaining a:mutually agreeable lease with Lessor. 2. RENTAL • Lessee shall pay to Lessor a rental in accordance with the following provisions: • (a) The annual base ground rental for the total premises, as described' in Exhibits A and B shall be at $0.25 per square.foot. Said rental shall be payable:in advance, on:execution of this lease, for the first year of this lease. Thereafter, the-rental rate for the remaining period of the lease term shall be determined at the commencement of each successive lease year period at the rental rate applicable for the immediately preceding lease year adjusted for an increase in the Bureau_of Labor-Statistics:,Cost of Living Index— San Francisco - Oakland, all items, for said preceding year In no event shall therental,rate for any lease year be less than the applicable rental rate for the immediately preceding lease year: (b) Beginning with the second lease year, the base ground rent shall be payable, in,advance, in,semi-annual installments for each (6) six-month period the lease. Lessor shall send a billing for such semi-annual payment thirty (30) days prior to the due date; however, failure by Lessor to send, or failure;by Lessee to receive, such billing, shall not excuse Lessee's obligation to pay rent hereunder nor constitute a waiver by Lessor of its right to rent under this Lease. In the event such payment is not made within five.(5) days.of the due date, there shall be a penalty of six percent (6%) of the amount due and owing, which penalty shall become part of that semi-annual rental payment. Furthermore, and in addition thereto, any amount of rental payment and penalties' • • unpaid after thirty (30) days shall have a one and one-half percent (1'/2%) per month interest charge on the unpaid amounts, which interest shall likewise become part of the rental payment. (c) In consideration of costs associated with off-site improvements, including extension of utilities,. Lessor shall grants to Lessee a credit against the.•semi=annual rental, as provided hereafter. Such credit shall be pro-rated equally among the semi-annual lease payments, not to exceed forty percent (40%) of any one semi-annual payment, until full credit, as defined hereafter, is received. "Full credit" shall mean actual out-of-pocket, documented expenses for the off-site improvements, not to exceed $20,000. Lessee shall provide Lessor with documentation of any expenses claimed under this provision when claiming all or any part of such credit. 3. OFF-SITE•IMPROVEMENTS Lessor shall,set the necessary boundary monuments and grade stakes on the leased_premises at Lessee's expense. Lessee shall provide a paved ,taxiway, or ramp to 'the leased premises of adequate width to permit access to said premises by taxiing aircraft, as may be required by Lessor. Lessee shall not be responsible for maintenance of any off-site improvements,. 2 4., ON-SITE. IMPROVEMENT REQUIREMENTS; DEADLINE FOR COMMENCEMENT OF • CONSTRUCTION The Lessee shall be required to construct on the Premises a building in conformity with all applicable laws, ordinances, rules and regulations. The building shall be approved by the Site Plan and Architectural Review Committee of the.City of Petaluma, or, at the option of the Community Development Director; by administrative SPARC approval. If Lessee has not secured all necessary administrative approvals and commenced actual construction,on or before the date which is twelve months after the commencement of'this-Lease, then this. Lease shall become null,and void, and Lessee shall promptly vacate the leased premises. If Lessee has not completed construction within twenty-four (24) months of the commencement of this Lease, then this Lease shall become null and void, and Lessee shall promptly vacate the leased premises. 5. UTILITIES Lessee shall pay for all water, sanitary,sewage, gas service, electric power, telephone service, and all other services supplied to the said premises by Lessor, or any public utility, and shall pay all costs'for the installation•andiconnection to such services. 6. USE OF PREMISES The leased premises shall be used as follows: (a) For the storage of general aviation aircraft in a hangar to be constructed by Lessee. (b) Common Facilities Lessee and/or Sublessee shall have the right of access to and use of facilities at Airport designed for common use, such as landing area,;aprons; taxiways, flood lights, landing light, beacons, navigational aids, tower communication, public address systems, and other common use facilities supplied by Lessor for convenience and accommodation in operation, landings; and take off of aircraft. The rights herein extended to Lessee shall be inclusive of the,rights toland, take off, taxi, tow, load, or unload aircraft. (c) Lessee and/or. Sublessee yshall not conduct scheduled air carrier operations on the 'premises or at the airport; (d) Air charter services, if desired, will be subject to the restrictions as may be required by the City of Petaluma or other regulatory agencies which may apply: 7. OPERATION OF AVIATION BUSINESS BY LESSEE Conditions of Federal Grant: (a) This lease shall be subordinate and subject to the Grant Agreement, by and between the United States of America;.Federal Aviation Agency, and Lessor, and subsequent grants and agreement. 3 8. SURETY BOND • -) Prior to the commencement of construction of the hangar, Lessee, at its sole cost and expense, • shall furnish the Lessor a surety bond of an admitted surety company licensed, to transact business in the State of California and satisfactory to Lessee, in a sum not less than Five Hundred Thousand Dollars ($500,000) or substitute security guarantee as may be approved by the City. 9. MAINTENANCE.AND REPAIRS Lessee shall, at his sole cost and expense, keep and maintain said premises;,and appurtenances, and every part thereof, in good and sanitary order, condition and repair,'and.hereby waives all right to make repairs at the expense of Lessor as provided in Section 1942, et seq., of the Civil Code of the State of California. Any failure to maintain or make said repairs upon, being notified by Lessor shall,constitute a default by Lessee 10. ALTERATIONS AND ADDITIONS Subsequent to completion of the improvements and facilities as herein agreed to; Lessee•shall not make any alterations to the exterior thereof or erect any additional structures or improvements on the leased premises without prior written consent of Lessor. Any such exterior alterations or additions approved by Lessor shall be constructed at'the sole expense of Lessee. • • - 11. SIGNS Lessee shall be privileged to erect such signs as comply with applicable City of Petaluma ordinances and to place the same upon the improvement to be erected pursuant hereto. The text, color, and design of all signs shall be subject to the prior approval of Lessor: 12. UNLAWFUL USE No building, structure, or improvement of any kind shall be erected,placed upon„ operated, or maintained on the leased premises, nor shall any business or operation be conducted or carried on therein or thereon in violation of any ordinance, law, statute, order; or rule, of any governmental agency having jurisdiction thereover, nor shall any use be made of the leased premises which has not been specifically allowed. 13. WASTE, QUIET CONDUCT Lessee shall not commit, or suffer to be committed, any waste upon said premises, or any nuisance or other act or thing which may disturb the quiet enjoyment of the use of the surrounding airport property. 4 14. RULES, REGULATIONS, POLICIES AND STANDARDS • Lessee agrees to observe and obey all rules and regulations promulgated and enforced by Lessor or any other appropriate authority having jurisdiction over the Airport during the term of this lease. 15. INSURANCE Lessee agrees to procure and maintain at its own cost and expense, and at all times during the term of this lease, comprehensive liability insurance naming Lessor, its officers, boards, commissions, employees and agents as additional insureds in the following amounts: property damage, $ bodily injury, $ per person; and $ per occurrence. Evidence of such insurance shall be,provided by Lessee by filing with the Lessor a copy of the policy or policies, together With a duly executed certificate of the insurer to the effect that the insurance required by this lease is in force and effect. Said policy or policies or certificates shall contain a provision that written, notice of cancellation or any material change shall be delivered to the Lessor ten (10)'•days in advance of the effective date thereof Lessee shall also secure and maintain fire•and extended coverage insurance on the buildings and structures to be erected by Lessee as apart of the aviation operation created by this Lease Agreement. Said insurance coverage shall be to the full insurable value of the structures and buildings and contents as erected and placed upon the leased premises, subject to the customary deductible for the construction of hangar facilities, and shall name Lessor•as an additional insured. Lessee further agrees that in the event of any 'fire or partial or complete destruction of the structures erected by Lessee, any proceeds of insurance received by Lessee shall be held in trust and utilized solely in the replacement, 'reconstruction, or repair of the damaged or destroyed improvements. 16. TAXES Lessee agrees to pay/promptly all taxes and assessments related to items of property including both real and personal property within the purview of this tease, which may be levied or assessed upon•said properties leased or owned by Lessee, as Lessees interest may appear when the said taxes and assessments become due and payable during the occupancy of the leased premises under any levy or assessment by County, City or other legally authorized governmental authority:' 17. ' INSPECTION AND NOTICE . • Insofar as it may be necessary for the protection of the Lessor's rights, the Lessor or its agents shall at any and all reasonable times, and upon reasonable notice to Lessee, have the right to go upon and inspect the land and premises hereby leased and:any;structure or improvement erected • , or constructed, or in the course of being erected or constructed, repaired, added to, rebuilt, or restored thereon. • 5 • . 18. ASSIGNMENT`OR'SUBLETTING •. It is agreed-that Lessee is authorized to sublet the leased premises to:a Sublessee, subject to the terms and conditions,of this lease. Any such sublease shall be subject to the written:approval of Lessor, which approval shall not be unreasonably withheld. 19. IMPROVEMENTS It is agreed that all improvements constructed by Lessee shall be deemed personal property during the term of-this lease, and that during the term of this lease.;and any extension thereto Lessee shall at all times have legal title to said improvements, but.Lessor shall have a lien thereon to secure faithful performance of Lessee's obligations under the approval of Lessor. • Lessor's lien shall be subordinate to a security instrument, approve&byLessor, and held by any recognized lending institution but shall not be subordinate to any other encumbrance of any kind. Said security'instrument shall not provide-for removal of said improvements. 20. INSOLVENCY,:ETC. If the Lessee'be adjudicated as bankrupt or become insolvent, or if possession,ofany interest in the leased ,premises shall be taken by virtue,of any attachment, execution, or receivership, the Lessor may, at, its election, unless such bankruptcy proceedings be terminated in favor of its election, unless such bankruptcy proceedings be terminated in' favor of Lessee and such insolvency be cured, or such possession 'regained within ninety (90) days thereafter, immediately terminate this lease by service of notice to such effect upon Lessee in any manner provided by law. 21. LENDER SECURITY Notwithstanding, anything to the contrary contained in this lease, it is understood and agreed that Lessee may, without the consent of Lessor, assign, transfer, mortgage or encumber Lessee's interest under-this lease and leasehold estate'created, to a lender on the security of the leasehold estate for the sole purpose of providing security'for the repayment of a-loan or loans made and used to finance the construction of substantial improvements by Lessee upon the leased premises and Lessee may execute any and all instruments in connection therewith necessary and proper to complete any such loan and perfect the security therefor as may be required by such lender. Any such lender shall have the right at any time during,the term . hereof and while this lease is in full force and effect: (a) To do any act or thing required of Lessee hereunder and all such acts or things done hereunder shall be as effective to prevent a forfeiture of Lessee's rights-hereunder as if done by Lessee; . (b) To realize' on the security of the leasehold estate and to acquire and succeed to the interest of the Lessee hereunder by foreclosure or,'by a deed of assignment given in lieu of foreclosure and thereafter at such lender's option to convey or assign the interest or • 6 • title to this leasehold estate to any other person subject to the terms, conditions and •'1 covenants of this lease; and (c) To cure, within,sixty (60) days'after notice of default by Lessee under the terms of this lease. A copy of any security devices or other instruments shall be filed with Lessor prior to the effective date thereof and the Lessee shall give.Lessor prior written notice of changes thereto. 122. SURRENDER OF POSSESSION • • At the expiration of the leasehold term, Lessee agrees to yield and deliver to Lessor the possession of the leased premises and all buildings, fixtures, physical improvements and appurtenances erected by Lessee pursuant to paragraph 4 hereof. 23. DEFAULT In the event of default by Lessee in the performance of any of the terms, covenants, or conditions hereof, including the failure to pay rent, Lessor shall make written demand by registered mail.upon Lessee to remedy said default and if, thereafter, Lessee remains in default for sixty (60) days, Lessor,. by and through its Airport Manager, shall have the right to take immediate possession of said premises.. During said sixty-day (60) period, Lessee may appeal to the Petaluma City Council and request consideration,of any circumstances claimed to cause such default, provided that any such circumstances shall not be deemed to be a waiver of such default, in the event the City'Council extends the aforesaid sixty-day (60) period. No waiver-of Lessor or default by Lessee of any of the.terms, covenants, or conditions hereof to be performed, kept, of observed by Lessee shall be construed to be or act as waiver by Lessor of any subsequent default of any of the terms, covenants, and conditions herein contained to be performed, kept,.and observed by Lessee. 24. RESERVATION AS TO NAVIGATIONAL AID' Lessor reserves the right during the term of this lease,or any renewal and/or extension thereof, to install air navigational aids, including lighting, in, on, over, under, and across the leased premises. In the exercise of any of the rights hereof,.Lessor agrees to give Lessee not less than ninety (90) days' written' notice of its intention to install such air navigational aids. If the Lessee's enjoyment of the premises under this lease is substantially interfered with by any such installation, the Lessee's'rentshall be reduced in proportion to stroll interference. 25. INDEMNITY Lessee hereby covenants and agrees to, and shall, indemnify, save harmless and defend, the Lessor, its agents, officers and/or employees against.all claims, demands, costs, and liabilities which may be made against Lessor by reason of or arising from anything done, performed, or omitted to be done or performed on the leased premises by the Lessee or arising out of Lessee's performance of its obligations pursuant to this agreement. However, this indemnity does not • • • extend to any loss, damage or expense arising out of the negligence or willful misconduct of the Lessor, its agents, employees or officers. • 26 EMINENT DOMAIN It is expressly agreed by Lessor and Lessee that in the event eminent domain proceedings are undertaken by any governmental agency affecting.the whole of the Airport,.or any part.thereof, which would adversely affect Lessees interest hereby Lessee shall be entitled to compensation by virtue thereof, consistent with current eminent domain laws and appraisal procedures. 27. • NATIONAL EMERGENCY • In the event that a national emergency or a declaration by federal, state or county government causes a drastic ,curtailment of civilian aviation activities, Lessee shall be entitled to submit a request for reduction in the lease rental rate. Lessee shall be entitled to present facts and data to show that such a;curtailment has taken place and that the curtailment has seriously affected Lessee's utilization of the leased premises. If such facts and data indicate that a reduction in lease rent is warranted, then Lessor and Lessee shall agree to negotiate a..reduction in the rental rate during the period of curtailment. 28. NOTICES. Any and all notices to be given under:this lease, or otherwise, may be served by enclosing the same in a sealed envelope addressed to the party intended to receive the same, at its address, • and deposited in the United States Post Office as registered mail with postage prepaid. When so given, such notice shall be effective from the date of the mailing of the same. For the purpose thereof, unless otherwise provided in writing by the parties hereto, the address of the Lessor, and the proper party to receive any such notices on its behalf is: City Clerk City of Petaluma' 11 English Street Petaluma, California:94953 and the address of the Lessee is: Bud Toly 1340 Commerce Street Petaluma, California 94954 29. INVALID PROVISIONS, SEVERABILITY It is expressly'understood and agreed byand between the parties hereto that in the event any covenant, condition, or provision contained herein is invalidated by a court of competent jurisdiction, the invalidity of any such covenant, condition or provision shall not invalidate any • other covenant, condition, or provision of this agreement, provided, however,,.that the invalidity of any-such covenant, condition, or provision shall not materially prejudice either the Lessor or 8 the Lessee in their respective rights and obligations contained in the valid covenants, •` conditions, and,pfovisions of this agreement. 30. BINDING OF•SUCCESSORS The covenants and conditions herein contained shall apply to and bind the heirs, successors, executors,administrators, and assigns of all the parties hereto. 31. TIME Time is of the essence in this lease. IN WITNESS WHEREOF, the parties hereto have set their hand the day and year first above written. CITY OF PETALUMA LESSEE By • City Manager Name ATTEST: Title City Clerk Address • • ) APPROVED AS TO FORM: City State Zip City Attorney Telephone APPROVED: Director of Public Facilities and Services APPROVED: Risk Manager • APPROVED: • Finance Officer • I agrmt 1/5/01 (fink) 9 �j TOLY GROUND LEASE EXHIBIT "A" (To be provided after survey is taken and staked by Lessor) i •._� ru.d.._:5”1:].. t . . .i.., z .... °!; J `._.: :h Mwt_.:.rl....:_ 3_.a,,...v.:ua • EXHIBIT `B" o POND ) ,• ___, ,., R 0- 0 - T E R -- � v PROJECT SITE • BE t , _f /FMK TOUCHOOWN ZONE-. ELEV 57.1' // PARR _ ©l ® ,, Yl rt. t YW� \...:4 a 'w '' 1: t r I. . : :1'r #.1..!_ P , 500' 160 �e uKy m,1y• � ��fb' '' �{. . . �:. .� + ...'\a M1t@:.:.. f � '°■N / TAXIWAY' SA F AREA,-GP ' ::.( YP) • ___. 2 a-GENCY - -ACCE ROAD w ......> w .c Y + ,r r.O ` ° \ Y � .t O I� it .►, #=: �- ::441.; .>. 4 .i.17,.,. , . . , u LJ rtT ,r C cle O i,„........\==. 2 r —� FBO DEVELOPMENT ; ' AREA I O6 I AREA n ',4 TA I I RUNWA' S • 3. 4 ORDINANCE NO. N.C.S. 5 6 7 8 9 10 Introduced by Seconded by 11. 12 13 14 15 16 17' 18 19 AN ORDINANCE OF THE.COUNCIL OF THE CITY OF PETALUMA 20 AUTHORIZING A LEASE OF REAL PROPERTY LOCATED 21 AT THE'.PETALUMA MUNICIPAL AIRPORT 22' •L) BE IT ORDAINED BY 'THE . COUNCIL OF THE. CITY OF PETALUMA AS 25 FOLLOWS: 26 27 28' Section 1. Certain real property located in the City of Petaluma, County of Sonoma, 29 State of California is hereby authorized to be leased under the terms and conditions set forth in • 30 the Non-commercial Lease Agreement by and between the City of Petaluma and Bud Toly, 31 which lease agreement is attached hereto as Exhibit "A" and incorporated herein by reference. 32' The City Manager is hereby authorized to sign said lease agreement which is to construct and 33 maintain an airport hangar. 34 35 Section 2. If any section, subsection, sentence, clause or phrase or word of this ordinance 36 is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of 37 competent jurisdiction, such decision shall not affect the validity of the remaining portions of 38' 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 • 2. any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid. 3 4 Section 3. The City Clerk is hereby directed to post this ordinance for the period and in 5 the manner required by the City Charter. 6 7 INTRODUCED and ordered posted/published this day of , 2001. 8 9 ADOPTED this day of ,,,2001 by the following vote: 10 11 AYES: 12 NOES: 13 ABSENT: 14 15 16 •• j Mayor 19 ATTEST: APPROVED AS'TOTORM:. 20 • 21 22 23 City Clerk City Attorney • 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 ord 12/18/00(fink) 2 • CITY OF PETALUMA, CALIFORNIA 7 AGENDA BILL *AgenAgenda Title: MeetingDate: da for Matching Funds for Petaluma'Lawn Bowling March 5, 2001 Fund Raising Efforts. Department: Directo Co act Person: Phone Number: Parks and Recreation Jim Carr j �" ;�' J'un Carr (707) 778-4380 Cost of Proposal: Up To X50000 (Recommended) for Account Number: 209 construction. Maintenance costs, (once the facility is completed,. will require financial and/or maintenance assistance from Lawn Name of Fund: Park Develop- Bowling Club Members due to the specialized nature of the Ment Funds; playing surface. Amount,Budgeted: -0- Attachments+to Agenda Packet Item: a. Staff Report b. Site Plan c. Project Cost Estimate d. 5-Year Capital Improvement Program List of Projects. 'Summary Statement: During the December 11, 2000 City Council meeting, proponents of Lawn Bowling in Petaluma made a brief presentation regarding their efforts to establish a lawn,bowls facility. The Council referred the item • to the Recreation, Music and Parks Conunission in order to determine if funding could be made available to act as a match for the long-term fund-raising campaign. The Recreation, Music and Parks. Commission discussed the Lawn Bowling fund raising effort at their January 17, 2001 meeting, and is making 'a recommendation that the City provide up to $50,000 re- allocated from existing projects, to be used as:a match for the Lawn Bowling fundraising effort. 'Council Priority: THIS AGENDA ITEM'ISI CONSIDERED:To BE:PART.'OF, OR NECESSARY TO, ONE OR !MORE OF THE 1999-2000 PRIORITIES ESTABLISHED BY THE CITY COUNCIL ON JANUARY 30, 1999 AND MARCH 18, 2000. PPriority(s): N/A Recommended Commission Action/Suggested Motion: Redirect up to $50;000 from existing Capital Improvement Projects, to the Lawn Bowling fund-raising effort, to act as a challenge match to other funding entities, in the fund raising campaign. Additionally, consider the Lawn Bowling"project for future Proposition 12 funding once the competitive grant criteria is made available by the State this spring. eviewed by Finance.Director: :,Revie e : Approved by City Manager: i Dale- r Date: ■ ) lot • !�( oday's Date: Revision # and' 1 a e evised: File ode: s • 2 CITY OF PETALUMA, CALIFORNIA 3 March.5, 2001 4 AGENDA REPORT 5 FOR 6 Recommended FundingFor'Lawn Bowling 7 8 1. EXECUTIVE SUMMARY: 9 10 During the City Council meeting of December 11; 2000,members of the Petaluma Lawn 11 Bowls Club made a brief presentation to the City Council requesting assistance towards 12 their fund raising campaign: The City Council referred the item,to the Recreation, Music 13 and Parks Commission, to see if some matching funds could be appropriated to act as a 14 match for other funding entities;iwthe community. 15 The Recreation, Music and Parks Commission discussed the item and is recommending 16 that up to $50,000 be re=allocated'from existing projects to be used towards a match in 17 the Lawn Bowling fundraising effort 18 2. BACKGROUND: 19 20 For the last three years there has,been.an effort to establish lawn bowling in Petaluma. 21 Initially started by Eugenia Shribbs, the'effort originally'focused on placing a lawn bowls �12 green in the proposed Gatti Park site. In December of 1998, Mzt.Shribbs presented the 3 Parks and Recreation Department with two petitions signed by 240 citizens, requesting a 24 lawn bowls facility in Petaluma: Staff made a recommendation that Mz. Shribbs consider 25 the Kenilworth Park site, between the Petaluma Library and Payran Street. With the teen 26 center near by, the lawn bowls facility would have,access to restrooms, storage and 27 parking: Additionally,.the suggested turf area is an underutilized expanse of lawn that 28 would lend itself for a lawn bowls site: Mz. Shribbs evaluated the site and met with the 29 East "D" Street Neighborhood,Association, who endorsed the project In the meantime, 30 staff had spoken to the Library staff, which also endorsed the.project. 31 32 . At their April 16, 1999 meeting,the.Recreation, Music arid Parks Commission formally 33 recommended to the City Council,that they designate the Kenilworth Park site as the site 34 for a lawn bowls facility: During Commission discussion, staff and Commissioners made 35 it clear that thetCitywould provide the site and access to the Teen Center, but the 36 Petaluma Lawn Bowls Club would be responsible for raising the funds for development 37 and maintenance of the proposed facility. 38 The City Council. at their meeting•of.February 22, 2000, designated Kenilworth Park as 39 the location for a lawn bowls facility. 40 Mz. Shribbs had been working with Mr. Steve Caulkins,of Haley/Caulkins, Master 41 Lawn Bowling Green Contractors. Mr. Caulkins provided a cost estimate for 42 development=and maintenance of a lawnbowls facility(included with this report). The 43 cost estimate provided for,project development, required maintenance equipment and a44 three years of maintenance, at a total cost of$300,000. 1 During 1999, Mz. Shribbs and her committee started their campaign to promote lawn )2 bowls in Petaluma. They have obtained their non-profit status from the State of 3 California. 4 The fund raising effort has been slow, and a suggestion made by the City Council 5 proposed that if the City could provide some funding towards the project, this could act 6 as a challenge match to other funding entities:in Petaluma. 7 The Recreation, Music and Parks Commission discussed the item,at their January 17, 8 2001 meeting, and voted unanimously to redirect funding from existing park projects to 9 be used as a match by the Petaluma Lawn Bowls Club. The only question was how to 10 allocate funding. Of the five Commissioners present, two wanted to provide $50000 11 immediately, in order to allow the fund raisingteffort to point to thafull support of the 12 City. The majority of the Commissioners approved a motion to recommend to the City 13 Council that they authorize a re-allocation from two existing projects: $20,000 from 14 Wiseman Park (project 9679) and $30,000 from Gatti Park (project 9959), with:the.funds 15 to•be made available as follows: $25,000 to be allocated to Petaluma Lawn Bowls Club, 16 with the Lawn Bowls Club to match the $25,000 within a:two-year period from the date 17 the City Council approves the proposal. If the match is achieved, a second $25,000 is to • 18 be allocated, for a total of$ 50,000, provided however, that the balance of the funds 19 needed for the project be raised within four years of the initial City Council approval, or 20 all funds-revert back to,the City. 21 In addition, the Commission suggested that when the state makes the competitive grant 22 criteria available in the spring o€2001, Proposition 12 funding could be another financial 23 source. •. 25 26 3. ALTERNATIVES: 27 28 a. .Make lawn.bowling a•City priority for inclusion in State Proposition 12 competitive 29 grant program effort. once the State of California's criteria is known (Spring of 30 .2001). 31 b. Re-prioritize projects in the five-year capital improvement budget in order to provide 32 a level of finding for the lawn bowls facility. 33. c. Use funding from re-prioritized CIP projects in conjunction with possible Proposition' 34 12'competitive grant funds, once the State criteria are known(Spring of 2001). 35 d. Require,the Petaluma Lawn Bowls Club to generate funding to be used as a match 36 against some level of City contribution. 37 e. Not provide funding at-this time 38 39 40 4. FINANCIAL IMPACTS: 41 42 The estimated cost of the project is $300,000, which includes project development,, 43 required maintenance equipment and three years of maintenance. Staff believes that the 44 maintenance cost of$35,000 for three years is low. The lawn bowling facilityissa 45 specialized playing surface, requiring a high level of maintenance. Apparently in some 5 jurisdictions, a comnnttee of volunteers can handle this task, but regardless of who does • 1 it, it must be maintained_correctly, due to the critical tolerances required for the playing surface. 3 It is recommended that the development plan include a comprehensive maintenance program so that there are no surprises once the facility is up and running. Existing staff already provides normalsirrigation repair and turf management for Kenilworth Park. 6, Specialized equipment,and'maintenance of the unique playing surface will require 7 assistance from`outside>sources including Lawn Bowling;Club Members. 8 9 10 5. CONCLUSION: 11 12 The Petaluma Lawn Bowls Club`hasa,park site-designated for a'future facility, they have 13 arranged for their non-profit status through the State, and they are actively recruiting 14 members. The proposed project is estimated to cost:$300,000. Fund raising efforts are 15 going slowly, not meeting with the clubs timetable of startmg construction in the 16 summer of 2001. With the infusion,of funding from the City to act as a match for other 17 possible funding entities,-the Chan& ofthe effort succeeding:improves dramatically. 18 19 OUTCOMES OR PERFORMANCE.MEASUREMENTS:THAT WILL IDENTIFY SUCCESS OR 20 COMPLETION:, 21 Once full funding is secured, engineering.and site design can commence, with 22 construction to follow. Due to the nature of the proposed facility, the project would be 23 contracted to a firm who specializes in this type of complex. 24 25 26 7. RECOMMENDATION: 01/7 Re-prioritize existing:projects and provide$50,000'froin;Capital Improvement Project 28 funding be used for the Lawn Bowling Fund-Raising,effort, with,the possibility of 29 Proposition 12 funding also being used;,once the competitive grant criteria is published in 30 the Spring of 2001. 31 Through the use of re-prioritized funding,;allocate $25,000 to Petaluma Lawn 32 Bowls Club,,with the proviso that the Club matches the-$25,000 within two years of City 33 Council approval of this recommendation. If the Petaluma`Lawn Bowls Club should 34 match,the,City's contributionwithinfthe required`two years, an additional $25,000 will be 35 allocated towards the project. In either case, the balance of all required funding is to be 36 raised within four years.of the=initial,approval of this recommendation or all funds revert 37 back to the City. 38 39 39 /forms/2000 Agenda Bill revised 042100 41 42 43 44 45 46 47 48 49 50 51 j • 1 ( • ,fir • u ; rr r 3 c.__ i - S . e i f t • {{.. fp L ty s day Y ' ! • • l 4{. r N n 6 ,, a• i I. / i 1 t f y• C yi i k• - s Y -it-1- 9 4 K0;:. I $ j= ^r ;_ •r ; ll. (m'-•. ' i�K k r-f -T • �yr3 �4 u`. i t _ .. . �1 Xf _..t�.. .f'}it�� k.,. M1 j. " a :i f 9 1a'y". J - it.--;.4:.:;:i.;" - �. 1 t 14y�� i1 h Y' , F ( - l ttF 'iaf�Yt �,, � i t 2 it } .F X{5q,F1{' �� F skt a", ^+5 1 3/. t %- h1 i �' = 1 .=TP+1 z N i-3 :51:24±-).,,...P. ,r 1A sZ A .yr • ji ec.� 3A ' 1 t a f, nure.wlw''�a; :k s'• � . �'; 9 1 A�F r lyFer w�1'� `g 1 :yak, y _ c F f ; icy ."'% :r ? • t� ,e +— .r"'Y. do s tr.,.3 r t }+,� �' . J r {�yr r� . _ M • a -ri r k 4j.^9� •$ a5,� yy},.�7 a�r F '"4` ?; L ;raj .«1 " .k• } {. - r .+� - (1 r- ;t'.41-7,•,'.; sir .. t .. a ' isy c a.." 1_ �1 • STEVE CARLKINS HALEY lq I . p v L X I N S DR, EDGAR R. HALEY E;cuwe Onc ALGA r+ 1pe S MASTER LAWN 80wu N b G GREEN CQ 4StRUC70Rs ao�v C ilo r/ Mornper September 14, 1999 Page 1 of 3 Bruce Hagen Recreation,Music and Parks Commissioner Petaluma Community Center Petaluma, CA Ph. (707)974-4855 Fax (707)794-7777 • SUBJECT: General Budget Consideration for Site Development and Construction 40) of the Petaluma Lawn Bowling Green,Located at Kenilworth Park,In the City of Petaluma,California. Dear Mr. Hagen: Pursuant to your request,we have prepared the following General.Budget Consideration (GBC), for the design and construction of the subject lawn bowling green. This GBC is provided to help develop a Scope of Project and is not intended as a:Construction Proposal The costs provide are based on similar lawn bowling green design/build projects completed by Haley/CaulAths Master Laww Bowling Green Constructor within the last five(5)years, in the State of California, U.S.A. • i PH (714) d92.9603 • FAX. (714) A08- 1819 128 W. 4vo San3i .... :-. e__. 3TFVE CAULKINS �A U L K f �I S Da. EDGAR it. HALEY HALEY / ALIA M A S i E R LAWN 8 r omocv 044or i Ura mare OWLING GREEN CONSTRUCTORS Page 3 of 3 CONSTRUCTION : $'180,000.00 : One Hundred Eighty Thousand Dollar, 1.) Site preparation, survey, staging, fencing. 2.) Excavation, export,hauling 3.) Gradient establishments 4.) Mainlines,drainage, water Service,electrical 5.) Rough pit, backboards,structural concrete 6 ) Green proper construction inc, plinth 7.) Subdrainagc construction 8 ).Irrigation,electrical construction 9.) Sand import w/compaction, leveling 10.) Concrete flatwork,;fencing. benches, misc. 11.) Tool shed:construction • 12.)Volleyball court,reconstruction 13.) Bowling Green stolen placements SPECIALTY EQUIPMENT:,S 45,000:00—Forty-Five Thousand Dollars 1.) Haley Greensplaner,Design/Manufacture, w/delivery 2.) 30"Scott Bonner Queen,Lawn Bowling Green Mower. 3.) Qwikdraw'tensiometer 4.); Water Manometer S.) Misc. hand tools - y 3 YEAR MAINTENANCE COST::S35,000.00 Thirty Five Thousand,Dollars TOTAL CDC: S 300 000;00—THREE-HUNDRED THOUSAND DOLLARS Should you have further questions please contact our office:at your convenience. Yours truly, Steve Caulkins, President • r . 9 W. PH' (714) 492.9003 • FAX (714).AX (714 49 Avs :JnrCOao 1e..,� .- ,_ -. . .0.1,819 E 3 a 3 ° a s.. g m i -2w v = 'e o s c m g j o.0 m 3 3 3 '� °° 3 TT m v l l• m ; a o ? n D, n q n ? ,� aa 1: 114. 1r -1 o -- m g ,t co < • t• ._ 4 . 1- 6 m m 1 .8 r G f, r v a a 4 m' C i 3 N E S N m a Sg3 a r � i .a 3 3 n . 12 : 19- aT ,n 'al mm •_•(T a ? m J m 3• 13 e a 3 R m 5 r 3 _ > m . E -2. 1- 1 C 1 11 to 0- u m r. 3•. m P, a s O - . e 2 m > oa m at 1 a o u m y g m m a D m_ m - q n, m a m - m m m 4 m 3 m a -, O m z ic e e p c < 3 a a ° a — g t m WI 6 x 2 3 S 3' S .. •. 3 ,°Z .8.. i .m, g. m m m o 5_ m 3 1 co ' I g .a -. x J 'is 2 z = 3 e " O is m. g 2I 0 :i' 3 I S I' m a K m c. o. . nS , m z, asg ge °— n � am ai;' g3 3 . '3° m 3m' � 3Uz 4 3—1 a : al 3m Fa ° ma ' = stg --. ;23' ?, [.g r a a_ a gam 3 8 5 a m r m 2 O p ‘, 3 =, „S . S: G a' O G m m 3 m r'� m m O O Ca, " 8 = = ° m a m•°0 m,.,'g c m' P m '9C g• '3- m r 3 r a m a o Q CA S G n • 4 8 m QM P v $ S m �m F' .s 3 i� • . S d ° � a z i g a 3 m R A f. m aggi -a ° 33m 3y1v sgggg smSo a 83 CI gar rc 8 6 a'..G m m •a 10 3 . $. r Q' 3 • a 7i: m S a a •r3 o • . . S a g = a $ m m m. p. 3 `- ; 3' 11: : m, 6 g ?r s o 3' c, a 8 c 1 g s r e „7 a g m a 4 a o 3 m 3 7-1 .2: m m s nil l a s 3 $05 rea .f+ ill ! as s. a • • ( hi } 3 gP' .� m v. 3. m° m e_ _ a ° 3:� s a m -g a Igo•1 alarm . 32a' S .!Hh _ a a 3 m > ? a s $,g m s a .Q m I 5. u 1 a P er _ m a xa _ e a. m e �: 2 m g .i < 8 Y.t Fig.; a s� e UI D. a. 0 3 m r 3. �a .- a. m m 3 I .. ° = $ a o s2 g.. m B : 1 a a a a . m m c r YES, I WANT TO CONTRIBUTE. • Name Address City State Zip di IF ) Phone Contribution I wish.to"join the Petaluma Lawn Bowls Club. Enclosed is my/our membership for 2000-2001 • (CharterMembrship'is a'bargain $25 singlel$40 couple). o s ssift I § Inl 1 ,1 :22 .i .13 : 2 22 .1 .1 .1 Z.LIZIE t N y f F. P. I5 V 2 et - - t rs ., . ts ,4 ‘48 CO S tl P ct. 7; S u. v i g 1 ; ! fi r ril5P fiFP51 Er- Uni tFg 1 mi a. > •c gi i ei ;4i g pi 8 , P i IR E1 ii LI 11 3 it ,„ 1 — 1 Aix * caum E 'pcgi mmv -le r 4, - -v - 8 K * , - ogm .. t g 0 ,., x• - ., ;.1 1 ; m ni g, ,. Pzi a "..0 = voligtiligi til Ige At,„2 2R 0 I. \ 0 1 > ii , 2 i , in k - g •■ 0 .; W oi p ,, Igl, su Ftme) C— r 1 1 ' g — D. i @ g I Li = -if x z i a F.. 4 ; ell a g. 121 g > 1 12 ,1 g I 11 I 0 2 31 § 1 g — • 14 • E • i . . . 40. . , I tc,, 4 t - ze. rani 4..+42 74 . 3 at ....It; Id hi tat & t ,„ ;I ., § f RR I "g ttggg t g g g ttt ut ttt tit. 1 t 4 s 0 ea ap 4 ° • Psi § 14 SI/ -- -. 5; t ta. 1 t u,•tat t g - f evtil g 1 g . gg gg ggg g • . . u.a . .. , , I 4 ° ../. . .. ., . . i 4 a Ili Hill t § t2 :11,Jg; g ..., .1: 4 .., .< t t tttigt ill tttit t t tt ili t t - - 4 ... 8— . ... . c. • t ; . • ke § I? i g - t: § -§ . ;. 2 4 rn 0 la Kb qia T g i t [3 ; 0 4 m2 R g la • \ ; 0 gie k g rr • 1 4 . 5 6 7 A RESOLUTION OF THE CITY COUNCIL 8 AUTHORIZING THE RE-ALLOCATION OF PARK 9 DEVELOPMENT FUNDS FROM EXISTING PROJECTS TO 10 BE USED AS A MATCH FOR THE LAWN BOWLS FUND 11 RAISING EFFORT. 12 13 14 15 16 WHEREAS, the City Council:has designated Kenilworth Park as the future site for a lawn bowls. 17 facility; and 18 19 WHEREAS,the Petaluma Lawn Bowls Club has become a non profit organization and is 20 actively pursuing funding in order to develop the lawn bowls,facility; and 21 22 WHEREAS, in order to assist the Petaluma Lawn Bowls Club;,the.Recreation, Music and Parks 23 Commission recommends re-allocating•$20,000 from project 9679 (Wiseman Park) and $30,000 •?4 from project 9959 Gatti Park; and 25 26 WHEREAS, the.Recreation;.Music and Parks Commission recommends that tl}e re-pllop4c4 27 City funds be used as a match to encourage other Petaluma funding:entities tp come for'ward tp 28 match the City's contribution. 29 30 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Petaluma does 31 hereby authorize the re-allocation:of.park funding;from project 9679 (Wiseman Park) '$20;000 32 and from project 9959 (Gatti Park) $ 30,000, with the resultingfunding to be used to assist the 33 Petaluma Lawn Bowls Club in their fundraising efforts. Upon approval of this resolution, 34 $25,000 will be allocated to the Petaluma Lawn Bowls project. If the Petaluma Lawn Bowls 35 Club can match the initial City allocation within two years of this City Council action, a second 36 $25,000 will be allocated to the project for total of$50,000. All funds for the project must be 37 raised within four years of this City Council action or all City,funds revert back to the City. • • 1