HomeMy WebLinkAboutResolution 2009-168 N.C.S. 10/05/2009Resolution No. 2009-168 N.C.S.
of the City of Petaluma, California
A JOINT RESOLUTION OF THE CITY COUNCIL OF PETALUMA AND 'THE
PETALUMA COMMUNITY DEVELOPMENT COMMISSION ADOPTING FINDINGS
PURSUANT TO CALIFORNIA HEALTII AND SAFETY CODE SECTION 33445 AND
CONSENTING TO THE USE OF PETALUMA COMMUNITY DEVELOPMENT
COMMISSION (PCDC) TAX INCREMENT FUNDS FOR PUBLIC IMPROVEMENTS
WITHIN THE MERGED PROJECT AREA
WHEREAS, the Petaluma Community Development Commission ("PCDC") is a
redevelopment agency of the City of Petaluma ("City") existing pursuant to the Community
Redevelopment Law, California Health and Safety Code Section 33000 et seg. (the "CRL"), and
pursuant to the authority granted thereunder, has the responsibility to carry out the Central
..Business District (CBD) and Petaluma Community Development (PCD) Redevelopment Plans
("Redevelopment Plans") for the Merged Redevelopment Project Area ("Merged Project
Area"); and,
WHEREAS, the PCDC has conducted a midterm review of its 2007-2012
Implementation Plan pursuant to Health and Safety Code Section 33490 and has approved an
Addendum thereto to provide for installation and construction of certain public improvements
("Public Improvements") located in the Merged Project Area and more fully described in
Exhibit A attached hereto and incorporated herein by reference; and,
WHEREAS, Health and Safety Code Section 33445 provides that a redevelopment
agency may, with the consent of the legislative body, pay all or a portion of the cost of land for
and the cost and installation of public improvements either within or without the project area if
the agency and-the legislative body determine that:
a. The buildings, facilities, structures, or other improvements are of benefit to the
project area or the immediate neighborhood in which the project is located; and,
b. No other reasonable means of financing the buildings, facilities, structures, or
other improvements are available to the community; and,
The payment of funds for the cost of buildings, facilities, structures, or other
improvements will assist in the elimination of one or more blighting conditions
inside the project area; and,
d. The project is consistent with the Implementation Plan adopted by the agency
pursuant to Health and Safety Code Section 33490; and
WHEREAS, the PCDC and the City desire to undertake the Public Improvements; and,
WHEREAS, the installation and construction of the Public Improvements will be of
benefit to the Merged Project Area, will eliminate blighting conditions in the Merged
Resolution No. 2009-168 N.C.S. Page ]
Project Area, and will be consistent with the PCDC's Implementation Plan, as amended;
and,
WI-IEREAS, the City has no unrestricted general fund revenue available to undertake the
construction and installation of the Public Improvements without a reduction in vital community
services, and has determined that it does not have and cannot reasonably obtain revenue for such
purposes, and therefore no other reasonable means of financing the Public Improvements exists.
NOW, THEREFORE, BE IT RESOLVED by the Petaluma Community Development
Commission and the City Council of the City of Petaluma as follows:
Section 1. The findings stated herein are true and correct and are adopted as the findings of
the Petaluma Community Development Commission and the City Council.
Section 2. Based upon the facts set forth in the foregoing recitals, the City Council hereby
fins that (i) the expenditure of tax increment funds (including the proceeds of tax allocation
bonds secured by such funds) to undertake the Public Improvements will be of benefit to the
Merged Project Area, (ii) no other reasonable means of financing the public improvements and
the project are reasonably available, (iii) completion of the Public Improvements will assist in
the elimination of blighting conditions in the Merged Project Area or provide housing for low-or-
moderate income persons, and (iv) completion of the Public Improvements is consistent with the
PCDC's Implementation Plan, as amended, for the Merged Project Area,
NOW, TI~EREFORE, BE IT FURTHER RESOLVED by the City Council of the City
of Petaluma as follows:
Section 3. The City Council of the City of Petaluma hereby consents to the expenditure of
approximately Fourteen Million Dollars ($14 Million) in tax increment funds (including tax
allocation bond proceeds) for the construction and installation of the Public Improvements.
Section 4. The City Manager or his designee is hereby authorized to undertake such actions
as necessary to carry out the intent of this Resolution.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the A ro d to
Council of the City of Petaluma at a Regular meeting on the 5`h day of October, f r~
2009, by the following vote:
AYES: Vice Mayor Barrett, Glass, Harris, Healy, Babbitt, Renee, Mayor'forliatt
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: v "
City Clerk
City 4~ttorney
Resolution No. 2009-168 N.C.S. Page 2
Exhibit A
Public Improvements
FY 2009110 • FY 2011112
Petaluma Community Development Commission
Project Title
Project
Number Projected
Expenditures,
FY 2009110 to
FY 2011112
Petaluma Boulevard Street Improvements 0200304 $ 6,000
Old Redwood Highway Interchange Widening 0501304 $ 9,000,000
E. Washington Street Interchange Improvements P201 160 $ 3,870,000
Auto Center Drive Extension 053101002 $ 1,346,000
Source: Petaluma Community Development Commission, City of Petaluma Finance
Department; City of Petaluma Public Works Department.
Resolution No. 2009-168 N.C.S. Page 3