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HomeMy WebLinkAboutPCDC Resolution 2008-03 5 /19/2008RES®LUTIOIV NO. 2008-03 PETALUMA COMMUNITY DEVELOPMENT COMMISSION RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO SIGN FEDERAL APPLICATION FORMS AND AGREEMENTS AND CONSENTING TO THE USE OF $200,000 IN PETALUMA COMMUNITY DEVELOPMENT TAX INCREMENT FUNDS FOR THE ENVIRONMENTAL PROTECTION AGENCY BROWNFIELDS REVOLVING LOAN FUND (RLF), AND MAKING FINDINGS REQUIRED BY HEALTH 8 SAFETY CODE SECTION 33445 WHEREAS, the Legislature of the United States of America, federal government has provided funds for the program shown above; and, WHEREAS, the Environmental Protection Agency has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and, WHEREAS, the Petaluma Community Development Commission (PCDC) has been selected and will enter into a cooperative agreement with the Environmental Protection Agency to administer the Revolving Loan Fund; and, WHEREAS, the City Council of the City of Petaluma adopted the Redevelopment Plan for the Central Business District Project Area (CBD) in 1976 and the Redevelopment Plan for the Petaluma Community Development Project Area (PCD) in 1988 ("Redevelopment Plans") and fiscally merged the Redevelopment Plans in 2006; and, WHEREAS, the Redevelopment Plans set forth plans for redevelopment of the CBD and PCD Project Areas ("Project Areas"); and, WHEREAS, the PCDC is responsible for administering the Redevelopment Plans to cause the redevelopment of the Project Areas, including installation of public improvements consistent with the Redevelopment Plans; and, WHEREAS, it would be beneficial to the alleviation of blight in the Project Areas to make the following public improvements ("Public Improvements"): remediate hazardous substances, pollution and contamination; and, PCDC Resolution 2008-03 Page 1 WHEREAS, the expenditure of tax increment funds will benefit the Project Areas and help to eliminate blight as outlined in the Five Year Implementation Plan adopted by the PCDC in June 2007, and as documented in the Report to Council on the Plan Amendment and Fiscal Merger, accepted by the PCDC in 2006 ("2006 Report"), because the Public Improvements will remove hazardous substances, pollution and contamination in the Project Area, and are therefore of benefit to the Project Area and the immediate neighborhood in which the Project Area is .located; and, WHEREAS, the Central Business District and Petaluma Community Development Project Areas are essential to establishing commercial services and residential opportunities in an effort to maintain growth inside the Urban Growth Boundary; and, WHEREAS, the Public Improvements not only eliminate physical blighting conditions but also promote economic development opportunities, and facilitate private investment in the CBD and PCD Project Areas by encouraging other private investment in the area, thereby leading to further blight alleviation; and, WHEREAS, the PCDC and City explored potential funding sources other than redevelopment for each project as outlined in Chapter IV of the 2006 Report; and, WHEREAS, anticipated funding sources for the Public Improvements include $1,000,000 of Federal Brownfields Assessment and Cleanup funding, which will pay a portion of the total project cost, and PCDC and City staff are aware of no other source of funds reasonably available to pay the remainder of the cost of the Public Improvements other than City general fund revenues which are committed for the provision of essential services; and, WHEREAS, use of tax increment funding for the Public Improvements is consistent with the PCDC Five Year Implementation Plan adopted earlier this year, which specifically includes the allocation of tax increment funds for these particular Public Improvements during the FY2007/08 - FY201 1 / 12 period; and, WHEREAS, installation of the Public Improvements conforms with the General Plan of the City; and, PCDC Resolution 2008-03 Page 2 WHEREAS, the PCDC expenditures for the Public Improvements will assist in the redevelopment of the Project Areas and the Public Improvements are necessary to effectuate the purpose of the Redevelopment Plans; and, WHEREAS, pursuant to Health and Safety Code Section 33445, the PCDC may, with the consent of the City Council, pay part or all of the cost of the Public Improvements if the City Council makes certain specified findings. NOW, THEREFORE, BE IT RESOLVED that the Petaluma Community Development Commission hereby: Approves the Executive Director to sign applications and agreements for federal funds for the Revolving Loan Fund (RLF) Grant with the Environmental Protection Agency. 2. Appoints the Executive Director/City Manager, or designee as agent, to conduct all negotiations, execute and submit all documents to contract with a competitively selected consultant to prepare the required documents which may be necessary for administration, of the Revolving Loan Fund. Directs staff to proceed with the application and workplan as described. 4. Adopts the findings stated herein as true and correct and as the findings of the City Council. Finds 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 CBD and PCD Project Areas; (ii) no other reasonable means of financing the Public Improvements and the Projects is reasonably available; (iii) completion of the Public Improvements and the Projects will assist in the elimination of blighting conditions in the Project Areas; and (iv) completion of the Public Improvements and the Projects is consistent with the Implementation Plan adopted for the CBD and PCD Project Areas. PCDC Resolution 2008-03 Page 3 Consents to the use of $200,000 in PCDC tax increment funds for the Public Improvements described herein. ADOPTED this 19th day of May, 2008, by the following vote: Commissioner Aye No Absent Abstain Barrett X Freitas X Harris X Nau X O'Brien X Vice Chair Rabbitt X Chair Torliatt X i f- ~' & ~ ;: Padhela Torliatt, ~C~-Fiair ATTEST: f Deborah L. Padovan, Recording Secretary P~~ -~ APPROVE ~°A O FORM: i ~,~ ~` ~~ ,`a Eric Danly, eral Counsel PCDC Resolution 2008-03 Page 4