HomeMy WebLinkAboutPCDC Resolution 2010-06 04/05/2010RESOLUTIOIV NO. 2010-06
PETALUIVIA COn/iIVIU[VITI( DEVELOPIV6EiVT COMIVIISSION
ADOPTING FIIVDINGS RE~UIRED BY HEALTH AND SAFETY CODE SECTION 33445 AND
AUTHORIZING THE EXPENDITURE OF TAX INCREMENT FUNDS FOR THE
AUTO CENTER DRIVE EXTENSION PROJECT, C53101002
WHEREAS, the City of Petaluma ("City") and Victor Gonella ("Purchaser"), owner of the
Victory Chevrolet dealership in the City , wish to extend Auto Center Drive to its connection with
Petaluma Boulevard North, C53101002 ("Project"); and,
WHEREAS, Purchaser has agreed to pay for a permanent easement on property owned
by MYOB Investments ("Owner") in order to facilitate such roadway extension, for Owner's
conveyance to the City; and,
WHEREAS, the property that will be subject to the permanent easement for the Project is
located within the Petaluma Community Development Project Area ("Project Area"); and,
WHEREAS, by Resolution No.2010-050 N,C.S. adopted April 5, 2010, the City Council of the
City of Petaluma has authorized the City Manager to accept the permanent easement, to enter
into an agreement with Purchaser and Owner outlining the terms and conditions of the
purchase and sale of the permanent easement, and to fund the design and construction of this
roadway extension, which will be publicly owned; 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 and are located either inside or contiguous to a
redevelopment project area, subject to the following findings being made by the legislative
body:
1, That the acquisition of land or the installation or construction of any improvements
that are publicly owned is of benefit to the project area by helping to eliminate blight
within the project area.
2. That no other reasonable means of financing the improvements is available to the
community.
PCDC Resolution No. 2010-05 Page 1
3. That the payment of funds for the cost of the improvements that are publicly owned
is consistent with the implementation plan adopted by the redevelopment agency.
WHEREAS, Project is budgeted in the amount of $1,346,000 in the CIP for the PCDC; and,
WHEREAS, by Resolution No. 2010-050 N.C.S. adopted April 5, 2010, the City Council of the
City of Petaluma has adopted the required findings concerning the Project under California
Health and Safety Code Section 33445 and consented to use of PCDC funds for the Project;
and,
WHEREAS, the p~blic improvements in the Project are of benefit to the Project Area by
helping to eliminate blight within the Project Area in that they wilt improve public facilities and
infrastructure within the Project Area; improve transportation and traffic circulation along both
Industrial Avenue and Old Redwood Highway corridor, and facilitate private investment and
revitalization of the Project Area by alleviating impediments to circulation and access that deter
revitalization; and,
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 forsuch purpose would be City general fund revenues which are committed for the
provision of essential services such as police and fire services; 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, 2007, and revised on November 5, 2009, provides for the transfer of
certain specified tax increment funds for fhe purpose of funding roadway reconstruction and
related improvements as more particularly described in the Implementation Plan, including the
Project.
NOW, THEREFORE, 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
PCDC Resolution No. 2010-Ob Page 2
increment funds to undertake the public improvements and the Project as set forth in
this Resolution and ihe Implementation Plan wiil be of benefit to the Project Area by
helping to eliminate blight within the Project Area, (ii) no other reasonable means of
financing the public improvements and the Project is available to the community,
and (iii) completion of the public improvements and the Project is consistent with the
Implementation Plan adopted for the Project Area.
2. The Petaluma Community Development Commission Board hereby authorizes
contribution of $1,346,000 from PCDC to CIP-C553101002 for the extension of Aufo
Center Drive to its connection with Petaluma Boulevard North Project.
ADOPTED this 5th day of April, 2010, by the following vote:
Commi'ssioner Aye No Absent Abstain
Barrelt X
Vice Chair Glass X
Harris X
Healy X
Rabbitt X
Renee X
~ ~.,_,..,,~
Chair Torliatt X~ ~
ATTEST:
Claire Cooper, CMC, Recording S retary
APPROVED 6tS'iT0
Eric Danly, General" Counsel
PCDC Resolution No. 2010-Ob Page 3