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HomeMy WebLinkAboutStaff Report 3.A 01/04/2010 s ~,,.... ~ nn ~ n CITY OF PETALUMA, CALIFORNIA/ .later 1`,@~1 ~/ ~~ L4J 8 lY T COMMISSION PETALUMA COMMUNIT Y DE VELOPMEN y ~ 7 ,p C~~~1~I ~L-~ ~~~L Agenda Title: Discussion and Adoption of City Council Resolution Meeting Date: January 4, 2010 Authorizing Suspension of the Project Development Process with Caltrans for the Rainier Avenue Interchange Project (independent element 1); Meeting Time: 7:00 PM Proceeding with a Project Study Report for the Rainier Avenue Cross Town Connector, Which Includes an Undercrossing on US 101 for the Extension of Rainier Avenue (independent element 2); Proceeding with the Environmental Document Preparation (independent element 2); and Consenting to the Expenditure of Tax Increment Funds for the Rainier Cross-Town Connector Project 000501204, and Adopting Findings Required by Health and Safety Code Section 33445; and Discussion and Adoption of Petaluma Community Development Commission Resolution Adopting Findings Required by Health and Safety Code Section 33445 and Authorizing the Expenditure of Tax Increment Funds for the Rainier Cross- Town Connector Project, 000501204 - . Cate;;Ory: ^ Presentation ^ Appointments ^ Consent ^ Public Hearing ®Unfinished Business ^ New Business Department: Direct r: Contact Person: Phone Number: Public Works Vince t arengo Susan Lackie 778-4478 i/jj Total Cost of Proposal or Project: $1.449M Name of Fund: PCDC Fund 5530 Merged Project Area Amount Bud>?eted: $3M PCDC Funds Account Number: 5530-000501204 Current Fund Balance: $1,670,000 Recommendation: It is recommended that the City Council/Agency Board take the following action: Adopt a City Council Resolution Authorizing Suspension of the Project Development Process with Caltrans for the Rainier Avenue Interchange Project (independent element 1); Proceeding with a Project Study Report for the Rainier Avenue Cross Town Connector, Which Includes an Undercrossing on US 101 for the Extension of Rainier Avenue (independent element 2); Proceeding with the Environmental Document Preparation (independent element 2); and Consenting to the Expenditure of Tax Increment Funds for the Rainier Cross-Town Connector Project 000501204, and Adopting Findings Required by Health and Safety Code Section 33445; and Adopt a Petaluma Community Development Commission Resolution Adopting Findings Required by Health and Safety Code Section 33445 and Authorizing the Expenditure of Tax Increment Funds for the Rainier Cross-Town Connector Project, 000501204. 1. ^ First reading of Ordinance approved unanimously, or with unanimous vote to allow posting prior to second reading 2. ^ First reading of Ordinance approved without unanimous vote: Ordinance has been published/posted prior to second reading; see Attachment 3. ^ Other action requiring special notice: Notice has been given, see Attachment S:\C1P Uivision\Projects\Cross-Town Connector Rainier 0501204\lJndercrossing only\Agenda\REV final\PCDC Revise as of 12-29- 0)`~,Pchjlwna Combined PCDC_Clty Council Item fir Jaf~uary 4 on Rainier Undcrerossing.DOC Summary Statement: City staff met with Caltrans and SCTA representatives on November 3rd to discuss including the undercrossing structure of the Rainier Avenue Interchange/Cross Town Connector and Undercrossing of 101 Project, as part of the Marin Sonoma Narrows C-2 (MSN C-2) HOV widening project through Petaluma. Currently, the extension of Rainier Avenue, or the Cross-Town Connector (which includes the undercrossing structure), and the future US 101/Rainier Interchange are two independent elements of the same project. At this meeting, Caltrans and SCTA were receptive to the City's proposal to include the undercrossing structure component of the Cross-Town Connector element into the MSN C-2 design, as long as the schedule could be maintained and the City were willing to pay the design cost. SCTA plans to request approval from their Board to execute a contract with a design consultant for MSN C-2 in January 2010. Subsequently, design of MSN C-2 is expected to take 18 to 24 months. It was the group's consensus that inclusion of the Rainier Avenue undercrossing structure in the MSN C-2 design, and construction with the MSN C-2 Project, is prudent. The group defined a strategy by which the structure can be incorporated into the MSN C-2 Project, while minimizing any risk to the MSN environmental document. To be included, the undercrossing needs a separate environmental evaluation, and an approved Caltrans Project Study Report. Attachments to Agenda Packet Item: 1. City Council Resolution, including Exhibit A to Resolution 2. Petaluma Community Development Commission Resolution, including Exhibit A to Resolution Reviewed by Finance Director: Reviewed by City Attorney: Approved by City Manager: ;~ ~~~~~~ ate: /d • ~• d Date: Date: 4'~- 2~ Rev. # 3 Date Last Revised: 12/29/09; 3:30 pm File: S:\CIP Division\Projects\Cross= Town Connector Rainier C50120d\Undercrossine onh~\AgendalRGV final\PCDC Revise as of 12-29-09\I'etalmna Combined PCDC Clty Council Item for Januan~ 4 on Rainier lindercrossino.DOC 2 S:\CIP Division\Projects\Cross-Town Connector Rainier C501204\lJndercrossing onl}~\Agenda\RF V final\PCDC Revise as of 12-29- 09\Pctxluma Combined PCDC_C1ty Council Item for J~uiuary 4 0^ Rainier Undcrcrossing.DOC CITY OF PET'AI.I(J1VIA, CALIFORNIA JANUARY 4, 2010 AGENDA REPORT FOR DISCUSSION AND ADOPTION OF CITY COUNCIL RESOLUTION AUTHORIZING SUSPENSION OF THE PROJECT DEVELOPMENT PROCESS WITH CALTRANS FOR THE RAINIER AVENUE INTERCHANGE PROJECT (INDEPENDENT ELEMENT I~; PROCEEDING WITH A PROJECT STUDY REPORT FOR THE RAINIER AVENUE CROSS TOWN CONNECTOR, WHICH INCLUDES AN IJNDERCROSSING ON US IOI FOR THE EXTENSION OF RAINIER AVENUE INDEPENDENT ELEMENT 2); PROCEEDING WITH THE ENVIRONMENTAL DOCUMENT PREPARATION INDEPENDENT ELEMENT 2); AND CONSENTING TO THE EXPENDITURE OF TAX INCREMENT FUNDS FOR THE RAINIER CROSS-TOWN CONNECTOR PROJECT COOSO12O4, AND ADOPTING FINDINGS REQUIRED BY HEALTH AND SAFETY CODE SECTION 33445; AND DISCUSSION AND ADOPTION OF PETALUIVIA COMMUNITY DEVELOPMENT COMMISSION RESOLUTION ADOPTING FINDINGS REQUIRED BY HEALTH AND SAFETY CODE SECTION 33445 AND AUTHORIZING THE EXPENDITURE OF TAX INCREMENT FUNDS FOR THE RAINIER CROSS-TOWN CONNECTOR PROJECT, COOSO12O4 I. RECOMMENDATION: It is Recommended the City Council Adopt a Resolution Authorizing Suspension of the Project Development Process with Caltrans for the Rainier Avenue Interchange Project (independent element 1); Proceeding with a Project Study Report for the Rainier Avenue Cross Town Connector, Which Includes an Undercrossing on US 101 for the Extension of Rainier Avenue (independent element 2); Proceeding with the Environmental Document Preparation (independent element 2); and Consenting to the Expenditure of Tax Increment Funds for the Rainier Cross-Town Connector Project 000501204; and Adopting Findings Required by Health and Safety Code Section 33445; and that the Petaluma Community Development Commission Board Adopt a Resolution Making Findings Required by Health and Safety Code Section 33445 and Authorizing the Expenditure of Tax Increment Funds for the Rainier Cross-Town Connector Project, 000501204. 2. BACKGROUND: The Transportation and Circulation Element of the City of Petaluma's General Plan includes a new connection (interchange) on Highway 101 at Rainier Avenue, between Corona Road and the E. Washington Street Interchange (independent element 1). The City's General Plan also includes an extension of Rainier Avenue from McDowell Boulevard that crosses Highway 101 and connects to Petaluma Boulevard (the east-west arterial referred to as the Cross Town Connector, (independent element 2). To date, these two elements have formed one project: the Rainier Avenue Interchange/Cross Town Connector and Undercrossing of 101 Project. Over the years, the City has been seeking approval from the State to develop a new access point, or connection, on US 101 at Rainier Avenue. However, the Cross Town Connector element has independent utility. At this juncture, after much consideration, City staff is requesting the City Council separate the two elements and focus its resources on the Cross Town Connector, including an undercrossing at US 101 (currently alternative 5 of the Rainier Avenue Interchange PSR), a 3 S:AC'IP Division\Projects\Cross= I~o~~n Connector Rainier 0501204\Undercrossing onl~~\Agenda\REV final`,1'CDC Revise as of 12-29- 091Petaluma Com6incd PCDC_Cln~ Council Item for January 4 on Rainier Undercrossine.DOC project that the City may fund in the near term. In focusing on the Cross Town Connector, the City would suspend; .for the time being, project development on the US 101/Rainier Avenue Interchange (independent element 1). City staff is requesting to: A. Suspend the project development process with Caltrans for the Rainier Avenue Interchange Project; B. Proceed with a Project Study Report for the Rainier Avenue Cross Town Connector Project 000501204, which includes an undercrossing on US 101 for the extension of Rainier Avenue; and C. Proceed with preparation of the environmental document for the Rainier Cross Town Connector Project. It is the City's intent to design the Cross Town Connector.Projeet in a manner that would not preclude a future interchange on US 101 at Rainier Avenue. Staff has requested written approval from Caltrans of the City's approach to separate the Rainier Avenue Interchange/Cross Town Connector and Undercrossing of 101 Project into two separate projects, to proceed with preparation of a Project Study Report for the Rainier Avenue Cross Town Connector (independent element 2), which includes an undercrossing at US 101 for the extension of Rainer Avenue, and to suspend project development for the Rainier Avenue Interchange. 3. DISCUSSION: Environmental studies for Rainier Cross Town Connector and Undercrossing of US 101 (independent element~2) For the Rainier Cross Town Connector Project (independent element 2), the City, rather than Caltrans, will be the lead for the environmental document, as the project area inside Caltrans' right of way is minimal -.road under freeway only. The City must complete the environmental document before construction begins on the MSN C-2 project„to avoid any challenge to the MSN C-2 Project. Currently there are no capital construction funds for the MSN C-2 project and SCTA does not have a schedule for when construction would begin, since the MSN C-2 Project is currently in the SCTA 2009 Strategic Plan for design only. At their January 11, 2010 meeting, the SCTA Soard will take action on a consultant agreement for preparation of the plans, specifications and construction estimate for the MSN C-2 Project. In order for the City to-meet the SCTA design schedule for the MSN C-2 Project, and be consistent with the' City's General Plan,. staff recommends that the total project (Rainier Avenue' Interchange/Gross Town Connector and Undercrossing of 101 Project) be separated into two stand-alone projects, consisting of .Rainier Avenue/L1S 101 Interchange (independent element 1) and Rainier Cross Town Connector, including.-the undercrossing of US 101 (independent element 2). Preliminaryproject work plan schedule: City to start preparation of Project Study Report (PSR) (Cross Town Connector, including undercrossing of US 101 01/2010 SCTA to start preparation of the MSN C-2 PS&E 01-2010 City to start CEQA document for the Rainier Avenue Cross Town 4 S:1CIP Division\Projects\C'ross-To~~°n Connector Rainier C5012~41tJndercrossing onlylAgenda\REV finalU'CDC Revise as of 12-29- 09~~.Petalurna Combined PCDC_Clty Council Item for January 4 on RainicrUntiercrossine.DOC Connector, including the undercrossing of US 10.1 01/2010 Approval of PSR for'the Rainier Avenue Cross Town Connector, including the undercrossing of US 101 04/2010 MSN C-2 Plans, Specifications and Estimate PS&E approval (18 to 24 months) 12/2011 Rainier Project Approval & Environmental Document (PA&ED) (12 to 18 months) 06/2011 The consultant selected to prepare'the PSR and environmental document for the Rainier Avenue Cross Town Connector Project, including undercrossing of US 101, (element 2) is URS, Inc., who are currently working on the Highway 101 Central HOV Lanes Project and Old Redwood Highway Interchange Project. Because URS is very familiar with the needs of the area, they will provide continuity on the design of the US 101 projects. Completion of the environmental document for element 2 is necessary in order to assure inclusion of the Rainier Avenue undercrossing structure with design of the MSN C-2 project. 4. FINANCIAL IMPACTS: Rainier Avenue Cross Town Connector and Undercrossin of US 101 Project 000501204 Estimated Prelimina Project Cost Estimate Time Schedule Est'd. Est'd. FY Cost Est. Dollars When ($000) Needed Dollars Task ($000) Needed FY -FY Project Study 01/20010 - Re ort PSR 80 none 09-10 04/20010 Project Approval and Environmental Document 01/2010 - PA&ED 880 none 09-10 06/2011 Incorporation of the Rainier Avenue Undercrossing Structure into the Plans, Specifications, and Estimate (PS&E) for MSN 01!2010 - C-2 Project 498 none 09/10 12/2011 Total Project Cost $1,449 $1,449 S:\CIP Division\Projecis\C'ross-"hown Connector Rainier C~0120411Jndercrossing onlylAgenda\REV final\PC'DC Revise as of 12-29- 09\Petaluma Combined PCDC_Cltl~ Council Rein for January 4 on Rainier Undercrossing.DOC As of July 1, 2009 Funds Available ($000) Funds budgeted 3,000 Allocated and encumbered PCDC Fund 1,330 Funds available 1,670 Total cost to prepare the PSR, Environmental Document and design of the uhdercrossing r structure for MSN C-2 ' 1,449 Total Project Cost 6 S:1CIP Division\Pr~jects\Cross-To++n Connector Rainier C501204\ilndersrossing only\AgendalREV final\PCDC Revise as of 12-29- ~' 09\Pctaluma Combined PCDC_Clty Council ltcm for January 4 on Rainier Undcrcrossing.DOC 12ES®LUTION # 2010- PETALi11VIA CITY C®i.1NCIL RESOLUTION AUTHORIZING SUSPENSION, OF THE PROJECT DEVELOPMENT PROCESS WITH CALTRANS FOR THE RAINIER AVENUE INTERCHANGE PROJECT- . (INDEPENDENT ELEMENB' 1); PROCEEDING WITH A PROJECT STUDY REPORT FOR THE RAINIER AVENUE CROSS TOWN CONNECTOR, WHICH INCLUDES AN UNDERCROSSING ON US 101 FOR THE EXTENSION OF RAINIER AVENUE (INDEPENDENT ELEMENT 2),• PROCEEDING WIT>EI THE ENVIRONMENTAL DOCUMENT PREPARATION (INDEPENDENT ELEMENT 2); AND CONSENTING TO THE EXPENDITURE OF TAX INCREMENT FUNDS FOR THE RAINIER CROSS-TOWN CONNECTOR PROJECT 000501204, AND ADOPTING >F'INDINGS REQUIRED BY HEALTH AND SAFETY CODE SECTION 33445 WHEREAS, Sonoma County Transportation Authority (SCTA) will be entering into an agreement with a consultant to prepare the plans, specificatioris and. construction estimate for the Marin Sonoma Narrows C-2 HOV Widening Project (MSN C-2 Project) through Petaluma; and WHEREAS, the Rainier Avenue Interchange/Cross Town Connector and Undercrossing of US 101 is within the limits of the MSN C-2 Project; and WHEREAS, the Rainier Avenue Interchange/Cross Town Connector and Undercrossing of US 101 Project Study Report is still under review by Caltrans and may not be approved in time to incorporate the Project's undercrossing structure into the design of the MSN C-2; and WHEREAS, it is recognized that the Rainier Avenue Interchange/Cross Town Connector and Undercrossing of US 1'01 Project is in the City of Petaluma's General Plan, and that design and construction of the larger project can be split into two independent elements (Interchange, independent element 1, and Cross Town Connector, including undercrossing of US 101, independent element 2~) sand still meet the intent of the General Plan; and WHEREAS, Caltrans has stated their support for the Rainier Avenue Cross Town Connector Project (element 2) ("the Project"), and staff anticipates a letter of concurrence by the time City Council convenes; and WHEREAS, Caltrans, Sonoma County Transportation Authority (SCTA), and the City agree that by proceeding in a timely fashion with a Project Study Report (PSR) and environmental document 7 S:\CIP Division\Projects\Cross-To~em Connector Rainier C~012(l4\lJndcrcrossine onh~\AgendalREV final\PCDC Revise as of 12-29- 09\Pctaluma Combined PCDC_Clty Council Item for Januat~~ 4 ~~n Rainier Undererossing.DOC for the Project as an .independent element (2), the design. of the undercrossing structure can be incorporated into SCTA's design of the MSN C-2 Project; and WHEREAS, incorporation of the undercrossing- structure component concurrently into the design of SCTA's MSN C-2 Project will result in earlier receipt of project benefits, cost efficiencies, reduction of traffic disruption and shorter construction duration; and WHEREAS, California Health and Safety Code Section 33445 provides that redevelopment agencies may, with the consent of the legislative body, pay all or part of the value of land for and the cost of the installation and construction of any building, facility,' structure, or other improvements that are publicly owned either within or without the project area, subject .to certain specified findings being made; and WHEREAS, the Project is funded from $3M City/PCDC; and WHEREAS, before the PCDC may commit funds for publicly owned improvements, the consent of the legislative body must be given and the following findings must be made in accordance with California Health and Safety Code Section 33445: 1. That the improvements are of benefit to the project area or the immediate neighborhood in which the project is located; 2. That no other reasonable means of financing the improvements is available to the community; and 3. That the payment of funds for the cost of the improvements will assist in the elimination of one or more blighting condition inside the project area, and will be consistent with the implementation plan adopted by the redevelopment agency:; and WHEREAS, the Petaluma Community Development Commission ("PCDC") Five-Year :Implementation. Plan ("Implementation Plan") for the Central Business District ("CBD") and Petaluma Communi"ty Development ("PCD") areas (collectively; the "Project Areas"), approved by the PCDC on June 11, 2007, provides for the transfer of certain. specified tax increment funds for the purpose of funding roadway .reconstruction and related improvements as more particularly described in the Implementation Plan, including the Project; and WHEREAS, the public improvements in the Project are of benefit to the Project Areas in that they will improve public facilities and infrastructure within the Project Areas, improve transportation and traffic circulation along both McDowell Blvd. and Old Redwood Highway corridor, and facilitate 8 S:`CIP Division\Projects\Cross-Town Connector Rainier C501204\Undercrossing.onlv~Agenda\REV tinal\PCDC. Revise as of 12-29- o9\Petaiuma Combined PCDC_Clh• Council hcm Ibr J~~uary 4 vin Rai_nicr Undercrossine:DOC private investment and revitalization of the Project.Areas by al evicting impediments to circulation. and access that deter revitalization; and W>E-IIJREAS, City staff is aware of no other source of funds reasonably available to undertake. the City's share of funding for the public improvements, as the only other source available fora such purpose would be City general .fund revenues which are committed for the provision of essential. services such as police and fire services; and WI-IEREAS, payment of funds for the public .improvements will assist in the elimination. of blighting conditions in the Project Areas in that they will improve public facilities and infrastructure within the Project Areas, improve transportation and traffic circulation along both McDowell Blvd. and Old Redwood Highway corridor, and facilitate redevelopment of the Project Areas by alleviating impediments to circulation and access that deter revitalization. NOW, TI~EREFORE, BE IT RESOLVED, by the City Council of the City of Petaluma as follows: 1. The Rainier Avenue Interchange/Cross Town Connector and Undercrossing of 101 Project development process with CaltranS ,is suspended in order to include the undercrossing structure with the MSN C-2 Project. 2. Preparation of a PSR and an environmental document for the Rainier Avenue Cross Town Connector Project 000501204 (independent element 2) is approved. 3. Based upon the foregoing recitals, which are declared to be true and correct and hereby incorporated herein as findings of the Petaluma City Council, the the City Council finds in accordance with California Health and Safety Code section 33445 and other applicable law that (i) the expenditure of tax increment funds to undertake the public improvements- and the Project as set forth in this Resolution and the Implementation Plan will be of benefit to the Project Areas, (ii) no other reasonable means of financing the public improvements and the Project is reasonably available, ..(iii')' completion of the public improvements and the Project will assist in the elimination of blighting conditions in the Project Areas; and (iv) completion of the public improvements and the Project is consistent with the Implementation Plan adopted for the Project Areas. 4. The City Council hereby consents to contribution of $3M from PCDC to account 5530-Merged Project Area-000501204 (as scheduled in Exhibit A, attached to this resolution and incorporated herein by reference) for the Rainier Avenue Cross Town Connecter Project.. 9 S:\CIP Division\Pr~icctslCross-Town Connector Rainier C~01204\Undercrgssing only\Agenda\I2EV final\PCDC Revise as of 12-29- 09\Petaluma Combined PC:DC Clty Council Item Ic~r January 4 on Rainier~Undcrcrossing.DOC EXF~~~9T A Rainier Avenue Cross Town Connector and Undercrossin of US'101 Project 000501204 Estimated Time Prelimina Project Cost Estimate Schedule Est'd. EsYd. FY Dollars When Cost Est. ($000) Needed Dollars Task ($000) Needed FY -FY Project Study Report PSR 80 none 09-10 01/20010 - 04/20010 Project Approval and Environmental Document PA&ED 880 none 09-10 01/2010 - 06/2011 Incorporation of the Rainier Avenue Undercrossing Structure into the Plans, Specifications, and Estimate (PS&E) for MSN C-2 Pro~ect 498 none 09/10 01/2010 -12/2011 Total Pro"ect Cost $1,449 $1,449 As of July 1, 21 Funds Available ($000) Funds budgeted 3,000 Allocated and .encumbered PCDC Fund 1,330 Funds available 1,670 Total cost to prepare the PSR, Environmental Document and design of the undercrossing structure for MSN C-2 $ 1,449 Total Project Cost $2,779 10 S:1C1P Division\ProjectslCross-Tt~wn Connector Rainier C~~1204\Undererossiiig.onh~\Agenda\REV (final\PCDC Revise as of 12-29- 09\Petaluma Combined PCDC_Clt~~ Council~ltcm i~~r January 4 on Rainier Undcrcrossing.DOC RESOLUTION # 201'0- PETALiJ1VIA COlVI1VIUNITI' I)EVELOPIVIENT COlVI1VIISSION RESOLUTION AUTHORIZING THE EXPENDITURE OF TAX INCREMENT FUNDS FOR THE RAINIER CROSS-TOWN CONNECTOR PROJECT 000501.204, AND ADOPTING FINDINGS REQUIRED BY HEALTH AND SAFETY CODE SECTION 33445 WHEREAS, Sonoma County Transportation Authority (SCTA) will be entering into an agreement with a consultant to prepare the plans, specifications and construction estimate for the Marin Sonoma Narrows C-2 HOV Widening Project (MSN C-2 Project) through Petaluma; and WHEREAS, the Rainier Avenue Interchange/Cross Town Connector and Undercrossing of US 101 is within the limits of the MSN C-2 Project; and WHEREAS, the Rainier Avenue Interchange/Cross Town Connector and Undercrossing of US 101 Project Study Report is still under review by Caltrans and may not be approved in time to incorporate the Project's undercrossing structure into the design of the MSN C-2; and WHEREAS, it is recognized that the Rainier Avenue Interchange/Cross Town Connector and Undercrossing of US 101 Project is in the City of Petaluma's General Plan, and that design and construction of the larger project can be split into two independent elements (Interchange, independent element 1, and Cross Town Connector, including undercrossing of US 101, independent element 2) and still meet the intent of the General Plan; and WHEREAS, Caltrans has stated their support for the Rainier Avenue Cross Town Connector Project (element 2) ("the Project"), and staff anticipates a letter of concurrence by the time City Council convenes; and WHEREAS, Caltrans, Sonoma County Transportation Authority (SCTA), .and the City agree; that by proceeding in a timely fashion with a Project Study Report (PSR) and environmental document for the Project as an independent element (2), the design of the undercrossing structure can be incorporated into SCTA's design of the MSN C-2 Project; and WHEREAS, incorporation of the undercrossing structure component concurrently into the design of SCTA's MSN C-2 Project will result in earlier receipt of project benefits, cost efficiencies, reduction of traffic disruption and shorter construction duration; and 11 S:\C1P Divisi<~n\Projects\Cross-To~~m Connector Rainier C50120d\Undercrossing onl}~1Agenda\REV final\PCDC Re~~ise as of 12-29- 09\Petaluma Combined PCDC_Clty Council Item for January 4 on Rainier lJndercrossing.DOC WHEREAS, California Health and Safety Code Section 33445 provides that redevelopment agencies may, with the consent of the legislative body, ,pay all or part of the value of land for and the cost of the installation and construction of any building, facility, structure, or other improvements that are publicly owned either within or without the project area, subject to certain specified findings being: :made; and WHEREAS, the Project is funded from $3M City/PCDC; and WHEREAS, before the PCDC may commit funds for publicly owned improvements, the consent of the legislative body must be .given and the following findings must be made in accordance with California Health and Safety Code Section 33445: 1. That the improvements are of benefit to the project area or the. immediate neighborhood in which the project is located; 2. That no other reasonable means of financing the improvements is available to the community; and 3. That the payment of funds for the cost of the improvements will assist in the elimination of one or more blighting, condition inside the project area, and will be consistent with the implementation plan adopted by the redevelopment agency; and WHEREAS, by Resolution. No. adopted January 4, 2010, the. City Council of the City of Petaluma has adopted findings concerning the Project under California Health and Safety Code Section 3344'5 and consented to use of PCDC funds for the Project; and ' WHEREAS, the Petaluma Community Development Commission ("PCDC") Five-Year Implementation Plan ("Implementation Plan") for the Central Business District ("CBD") and Petaluma Community Development ("PCD") areas (collectively, the "Project- Areas"), approved by the PCDC. on June,'1.1, ,20.07,, .provides for the transfer of certain specifed tax increment funds for the purpose, of funding 'roadway reconstruction and related improvements as more particular-ly described in the Implementation :Plan, .including the Project; and WHEREAS,. the public improvements in the Project are of benefit to the Project Areas in that they will improve public facilities and infrastructure within the Project Areas, improve transportation and traffic circulation along both McDowell Blvd. and Old Redwood Highway corridor, and facilitate private investment and revitalization of the Project Areas by alleviating impediments to circulation and access that deter revitalization; and 12 S:\CiP Division`,.Projects'tCross-TonnConneetor Rainier C501204\lindercrossing anh-\Agenda\REV final\PCDC Re. ise as ~f 12-29- 09'~:Petaluma Combined PCDC_Clt~- Council ltcm fog Juitiaiy 4 on Rainier Undcicrossing.DOC WHEREAS, City staff is aware of no other source of .funds reasonably available to undertake the City's share of funding for the public improvements, as the only other, source available for such purpose would be City general fund revenues which are committed for the provision of essential services such as police and fire services; and WHEREAS, payment of funds for the public improvements will assist in the elimination of blighting conditions in the Project Areas in that they will improve public facilities and infrastructure within the Project Areas, improve transportation and traffic circulation along both McDowell Blvd. and Old Redwood Highway corridor, and facilitate redevelopment of the Project Areas by alleviating impediments to circulation and access that deter revitalization. NOW, WHEREFORE, BE IT RESOLVED, by the Board of the. Petaluma Community Development Commission as follows: 1. Based upon the foregoing recitals, which are declared to be true and correct and hereby incorporated herein as findings of the Petaluma Community Development Commission Board, the Board finds in accordance with California Health and Safety Code section 33445 and other applicable law that (i) the expenditure of tax increment funds to undertake the public improvements and the Project as set forth in this Resolution and the Implementation Plan will be of benefit to the Project Areas, (ii) no other reasonable means of financing the public improvements and the Project is reasonably available, (iii) completion of the public improvements and the Project will assist in the elimination of blighting conditions in the Project Areas; and (iv) completion of the public improvements and the Project is consistent with the Implementation Plan adopted for the Project Areas. 2. The Petaluma Community Development Commission Board hereby authorizes contribution of $3M from PCDC to account 5.530-Merged Project Area-000501204 (as scheduled in Exhibit A, attached' tp this resolution and incorporated herein by reference) for the Rainier Avenue Cross Town Connecter Project. 1340888..1 13 S:\CIP Division\Projects\Cross-Town Connector Rainier 001204\Undercrossing onl~~\Agenda\REV tinallPCDC Revise as of I2-29- 09\Petalwna Combined PCDC Clty Council Item fir January 4 on Rainier Unciercrossine.DOC