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HomeMy WebLinkAboutResolution 2002-088 N.C.S. 06/17/2002 ~Zesolution No. 2002°®gg N.C.S. of the City of Petaluma, California 1 CLARIFYING AND AFFIRMING ADOPTION OF CITY COUNCIL 2 RESOLUTION NO. 2001-039 N.C.S. WAIVING A PORTION OF FUTURE 3 TRAFFIC MITIGATION FEES FOR PROPERTY OWNERS WITHIN 4 ASSESSMENT DISTRICT 2000-01 (McDOWELL/E. WASHINGTON) 5 6 7 WHEREAS, on December 4, 2002, the City Council of the City of Petaluma held a public 8 hearing regarding the proposed McDowell BoulevardlE. Washington Street Intersection 9 Transportation Improvement Project Assessment District; and 10 11 WHEREAS, on February 20, 2001, the City Council of the City of Petaluma held a public 12 hearing to consider and receive ballots concerning approval of the McDowell Boulevard/E. 13 Washington Street Intersection Transportation Improvement Project Assessment District No. 14 2000-01; and 15 16 WHEREAS, in connection with the assessment district proceedings, the City Council received 17 three versions of a resolution "Waiving a Portion of Future Traffic Mitigation Fees for Property 18 Owners Within Assessment District 2000-01," specifically, the version provided in the agenda 19 packet for the December 4, 2000 meeting which is attached hereto as Exhibit "A," and a revision 20 thereof provided in the packet for the February 20, 2001 meeting attached hereto as Exhibit "B," 21 and yet another version presented to the Council at the hearing of February 20, 2001 which is 22 attached hereto as Exhibit "C"; and 23 24 WHEREAS, the City Council, after the .hearing, approved the resolution in the form attached as 25 Exhibit "C," designated in the proceedings as City Council Resolution No. 2001-039 N.C.S.; and 26 27 WHEREAS, following adoption of Resolution No. 2001-039 N.C.S., the incorrect version 28 (Exhibit "A") was inadvertently circulated for official signatures; and 29 30 WHEREAS, the City Council wishes to clear up any confusion created by this error. 31 32 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma that 33 the correct form of Resolution No. 2001-039 N.C.S. adopted by the Council on February 20, 34 2001, is that attached as Exhibit "C" hereto, and the City Clerk is hereby directed to correct the 35 City's official records accordingly. Under the ower and authorit conferred u on this Council b the Charter of said Ci reso p y p Y 5/1102 (fink) REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the ved as Council of the City of Petaluma at a (Regular) (Adjourned) (Special) meeting fo on the .........17th......... day of ........June 20.02, by the following vote: ................y........ Ci Attorne AYES: Cader-Thompson, Moynihan, O'Brien, Mayor Thompson, Torliatt, NOES: None ABSENT: Vic Mayor Healy, Maguire ATTEST: • Mayor City Cler~~{U~%[~3py'~ Council File 1~~ Res. No........2~o2-0gg........N.C.S. w ~ ~ Resolution I~To. 2OD1-0'3~' ~.C. of the City of'~'etalu~a, Calforn _ WAlY7I`1G A PORTION OF F'(TTLrRE TRAFFIC NITTIGAI'~~EES ]E!•~T< PIZ®PERT~' ®WNE~2.S WITHIN ASSESSMENT DISTRYCT 24t)Q-QI _ ASSESSMENT DISTRfCT 2000-07 (MCJD4W.E]LL/]E. WASI~IC'X'OI~ WF~TtEAS, the City Council of Petaluma adopted a scsolution adopting the Engineer's Rapost, confirming the assessments, ordering. the work and acquisitaons and directing actions with respect thereto for Assessment District 2000-01; .and W~R]EAS, th® Final pnginecrs Report states that. one of the special benefiIS received by the propetes frnm the assessmeni district is that the intersection improvements anticipate future developmwt conditions on theirproperties; and WHEREAS, one of the ftiture development conds0.ons is the contribution of traffic mitigation fees; and WIiERE~S, the tzaffZC mitigation fee wfll be waived for future development expansion of up to a total of 2S% of the existing square footage, within aperiod of up to ten years &o;n the establislzment of Assesstneat District 2000.0:1; and S~VECEREEIS, ih® follovuing propertjes-shall receive a waiver for future traffic .mitigation. fees fora potion of future development on their properties within Assessment District 2000-01: 25%° Estimated Assessed Square Value of Traffic Assessor's Parcel Squire Footage Mitigation Fee Number Owner Footage Expansion Credit 007-213-034 Petaluma Properties 20000 5000 $12,440 Inc. 007-280-038 K~1 Associates LP 7182 1796 $4,467 007-2SD-046 INashln®ton Square 13620 3405 X8,472 Assoc. 007-280-Q49 Friedman, Morton L. 0 0 and Martine 007-280-05'2 Washington Square 2288 572 $1,423 Assoc. 007-280-054 Cnwron IJSA 1'nc. 2011 503 $1,251 007-280-055 Washington Square 134242 33561 $83,x99 AS50C. 007-280.069 Washington Square 7'196 1799 $4,G76 Assoc.. 007-X80.070 Washington Square 4346 1087 $2,703 Assoc. 007-280-071 Washington Square 15376 3844 $9,564 Assoc.. 007-280-072 Washington Square 3900 975 32,426 Reso. 2001.039 NCS Page 1 Pa~¢. t o F 2 Assoc. 007-280-073 Washington Square 0 0 Assoc. 007-340-006 Thorup, Martha et. al: 1723 431 $1,072 Twsf' 007-340-007 Thorup, Martha et. a!. 156519 39130 $97.355 Trust 007-340-009 Thorup, (v4artha ef, al, 3084 771 $1.9'iE Tru s± 007-350-006 Syers Property loc. 26397 6599 $16,419 007-350-009 Syers Property Inc. 183939 45985 $114,410 5qua~e Footage Totals ~ 581,823 145,46 ' Q'otent;al Gredit Total ~ ~361,89a ~YHEIc.EAS, three of the property owners own more than one parcel; and Wi~1~TAS, each indi-~idli.3i property owner has the ophon of applying the total combined expansion allotment of all of his/her parcels to the expansion of one parcel, or apply the expansion allotmient to each parcel; and ~~REA.S, the owners ofAPN 007;213-030, PetslumaProperti=s, Inc. (Best Wes-tezn Pctalum~ Inn),, can apply the attic r>,iti~atian fee waiver Co an expansion of their busia~ess into the residential parcel that Choy own at the,cornez of1VlcDowell Blvd. So. {228 McDdwell B1•rd. So.); howey~r, the adoption of this resolution does not imply City approval or any Citypeimits of.an.expansion; anal, 1+I~aiV BE TT I~S,O~;'VED by the City Council of the City of Petaluma [hat the tragfic mitigation fca will be waived for the property owners within the assessment district 2000-01 fnr fuhue developrraent expansion of up to a total of ZS% of the existing square footage, within a period of up to tea years from the establis'timent ofassessment district ?000-01. under. t_he power and. authority conferred upon this Council by the Charter o f said City: REr?RENCF; Y heroby cerdty the foregoing Resolution was introduted'and,ndopted bythe Approved av to Counca,pf`thc _Ciry oE.Feraluma at a Regul~ mrcting on February 20, 2001, fo by z1>E;following vote: Ci : ttarney A`i'ES. Q'$ric7t, Hesl}% Torliaa; Maguire, Viee i`gayoa Cadtr-Thompson, l~iayor Tizonzpson N®ES: Moynihan AHSE~t'I': None .gI7E5T: ' Ciry C! gym. Rcso. 2001-039 VCS ~ Page 2 ~~~~Q~~ Page. 2 0 ~ 2 Resolution No. N.C.S. ®f the City of Pet~lu~a, California A RESOLUTION OF'THE CITY COUNCIL OF THE _ CITY OF PETALUMA, CALIFORNIA WAIVING A PORTION OF FUTURE TRAFFIC MITIGATION FEES FOR PROPERTY OWNERS WITHIN ASSESSMENT DISTRICT 2000-01 Assessment District 2000-01 (1VIcDowell/E. Washington) WHEREAS, the City Council of Petaluma adopted a resolution adopting the Engineer's Report confirming the assessments, ordering the work and acquisitions and directing actions with respect thereto for Assessment District 2000-O1; and WHEREAS, the Final Engineers Report states that one of the special benefits received by the properties from the Assessment District is that the intersection improvements anticipate future development conditions on their properties; and WHEREAS, one of the future development conditions is the contribution of traffic mitigation fees; and WHEREAS, the traffic mi"tigation fee will be waived for future development expansion of up to a total of 25% of the existing facility square footage, within a period of the 25-year life of the Assessment District 2000-O1 bonds; and WHEREAS, the.following properties shall receive a waiver for future traffic mitigation fees up to the maxirnurn value of the traffic mitigation .fee credit shown as follows for a portion of future development: Year 2000 _ Assessed 25°!o tUtaximum Va{ue Assessor's FacilFity Square of Traffic Parcel Owner Square Footage iVlitigation Fee Number Footage Expansion Credit OQ7-213-030 Petaluma Properties 20000 5000 $12,440 Inc. 0`07-280-038 Ann Morrissey 7182 1796 $4,467 007-280=046 Washington Square 13620 3405 $8.,472 Assoc. 007-280-049 'Friedman., Morton L. 0 0 .and Mai-cine 007-280-052 .Washington Square 2288 572 $1,423 Assoc. 007-280-054 Chevron USA Inc. 2011 503 $1,251 007-280-055 Washington Square 134242 33561 $83,499 ,Assoc. 007-280-069 1ashington Square 7196 1799 $4,476 Assoc. 007-280-070 .Uashington Square .4346 1087 $2,703 p~~ I ol: 3 Assoc. 007-280-071 IlVashington Square 15376 3844 $9,564 Assoc. 007-280-072. Washington .Square 3900. 975 $2,426 Assoc. 007-280-073 Washington Square. 0 0 :Assoc. 007-340-006 Tlorup, Martha et. 1723 431 $1,072 . al. Trust 007-340-007 Thorup, Martha et. 156519 39130 $97,355 al. Trust 007-340-008 Thorup, Martha et. 3084. 771 $1,918 al. Trust 007-35.0-00:8 Syers Property Inc. 26397 6.599 $16,419 007-350-0.09 Syers Property Inc. 183939 45985 $114,410 Square Footage Totals 581,823 145,456 Potential Credit Total $361,894 WHEREAS, three of the property owners own more than one parcel; and WHEREAS, the traffic mitigation fee credit maybe aggregated by an owner and applied wholly or partiallyto any of the parcels within the development; and WHEREAS, if a property is sold, the unused credit remains with the property; and WHEREAS, if a property owner within Assessment Dstrict`~2000-01 purchases another property contiguous to his or her property, whether within or out ofAssessment District ?000-01, the remaining traffic mitigation fee credits maybe transferred. to the purchased property; and WHEREAS, the owners of APN~007-213-03 Q, Petaluma Properties, Inc. (Best Western Petaluma Inn) can apply the traffic mitigation fee waiver to an expansion of their business into the residential parcel. that they own at the corner of McDowell Blvd. So. (228 McDowell Blvd. So.); and WHEREAS, the .adoption of this resolution does~not imply City approval of any City permits of an _ _ expansion,; and NOW BE IT RESOLVED by the City Council of the City ofPetaluma that if a majority of :the property owners, based on the dollar amount being assessed, vote in favor of Assessment District 2000-01, the traff c mitigation fee will be waived for the property owners within the Assessment District 2000-01 for future development expansion ofup to a total of 25% of the existing facility square footage, within the 25-year life of the Assessment District 2000-01 Bonds. 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 Council of the City ofPetaluma at a Regular meeting on. February 20, 2001, by the Approved as to following vote: form City Attorney AYES: 'Qq,,ge 2 0 ~ 3 . ~ NOES: ABSENT: ATTEST: City Clerk Mayor Resolution No. 00- NCS Mcdowe1128/G/city clerk/reso Pe,~e. 3 0 ~ 3 ~s~S~~L1t10I1 ~0,2oo,1-p39 ~.~.s. . ®f lt~ac Cif of Petalzarn~ C~iforni~ A IE~S®I.,>{JT30N OP' THE CY'~'I' COUIVC~, Op` T'H~ - C OF` PETA:I,1~>T~A, CA:LTFO~A ~AI'~Jt1VG A PO~t'I'IOIV OF I~t,E ~2A.~'~TC IdiIT~GATI~Ie~ FEES &~R PItZ®.PER'Y`~' ~~VNERS WJf~~V ASS~SSIV~N'I' mfSZ'RIC'T 20U4-0~ .A.ssess~ent ~iistrirt Zt?00-0~ (Me'~owell/E. 'VVasbington) R'H~?t.1~AS, the City Council of P~caluma is considering approving a resolution adopting thL Engineor's Report confirming the assessments, ordering t17e work and acquasitions and di*ectiztg actions wath respect fliercto £or Assess-ffient Districi 2000-01; and ~'V~~AS, the F.,nginecrs Report saates; that one. of the special bene,5ts received by the.propetties from - .the Assessment District is that the intersection improvements aaiticipaTe future development eandifsons on their properties; and 'G6'lE~E32lEA..S, one of the future. development conditions is the contributapn of traf5c mitigation fees; and v6'~~AS, yo induce ~he,pmperty ©wners within Assessment District 2000-01 to Vote in favor of the Asae~s~eut District, it is :proposed that the traffic mitigation fee be waived for mature development expansi~ of up to a sofa] mf 25% of th,e existing ¢acility square footage, within a period of 25-years or the life of tl~e ,Aseessffieut Di®tzict 2x00-O1 bonds, whichever.is lmagec; and ~'lI~RIFAS, the effects mf the proposed waiver of traffic mitigation fees would be 3s follows: Year 20p0 Assessed fVISXi~a~rn 1(ailue Ass~sstnr°s Fec9lity •Squ~re aa$ Tra~$ic Parcel ®dvner Square Footage 6V9Jt6gation l=eg Pdurnb®r Foo~ge ~x~ans9ar~ ~Va4~+er OG7-293-030 Petaluma Properties 20000 .5000 $12,Q~0 inc. . 007-2g0-038 Ann Nlcarrissey 7182. 1796 $4,467 007-280-046 ~ V,Vashngton Square 13620 3x06 $8,472 Assoc. a07-280-049 P~iedman, IV9ortan L. 0 0 end Nlarclne ~ . 007-280-052 Washington Square 2288 572 $ m,423 . Assoc. • 007-280-05~ Cheveon USA Inc. 2011' 503 ~ $'E ,251 007-280-055 Vliasltington Square 1342~t2 33569 $83,499 Assoc. A,~~w;~oNo2D01-0.39 N.c.s. Pages 1 of_ 3 page. 1 0 ~ 3 007-280068 Washington Square 7196 1799 $4,.476 Assoc. 007-280-070 ~ °JV.ashirigtor~ Square 4346 ~ 1087 $2,703 ASSOC. 007-280-071 Washington Square 15376 38A4 X9,564 Assoc. 007-280-072 Washington Square 390D 975 $2,426 'Assoc. 007-280-0'73 Washington Square 0 t) Assoc. 007-340-008 Thtarup, Martha et. al. 1723 43'7 $1,072 - Trust 007-340-007 Thorup; Martha ~t. al. 155579 39130 $97,355 Trust 007-340-008 Thorup, .Martha et. ;31. 3084 771 $1,8113 Trust 007-350-008 Syers Property 1, Ir.P. .263.97 6x99 X16,419 007-350-009 SyerS Property I, L.P. 183939 4.5985 $114,4'}0 Squ~r~ Footage Tof~d~ X81:,823 ~45,~56 l~of®r~tia~t W~ewer T®ta! ~ $36 r,$9~4 `1~i~~AS, some of the propczty owners .now own or m$y in the future.own more them one parcel within Assessment tistrict ?000-01, it isproposed as a fuzttier inducement to the property owners to allow a„~ owner of more than one parcel: (a) 3o ag,,regate the waivers associated with all of the parcels ov~rned by such owner, and (b) to apply su^h aggregated waivers, in such pzopor~on as such ownea msy elect, to developmcnrof all or any of such paxoeis; and ' ~11~R SAS, sn owner within Assessment Distric+.2000-01 may acquire; contiguous property that. is outside of the Assassrr,sut Dstrct; it is proposed as a further inducccuent to the property owns to ~l1ow such an owner; (a) to transfer, ~ whole or in ps,~t, evch owner's traffic mitigation waivers, including aggegatarl waivers, to the acquired property; and (b) to apply the ssme to dcvelopffit-nt of the acquired prop caty; and '4YZ~1~1AS, the owners of APN 007-2I3-030, Petaluma Properties, Inc. (Best. VJest~tn Pestaluaia Inn) ,eazi a;?~ly the tlafac :aitigation fee waivt:r to as expemsaon of their business' into else residential parcel t3nat thery own at tYie co-rues oflvlcDowell Blvd. So. 4228 Iv3cDowell blvd. So.); and '~0~)~1~5, t1~e ad~ptc~n of 4hese'Rssolntions does not imply City approval of any City permits of an ~xpnnsion; ly®W 18E TI' ~50Y,`~~ by the City Council of the City of Petaluma that if a majority of the property owners, based on' the dAlar amount.being assessed, vote in favor ofAssessment District 2000-01 and ~?ssesaxtletat District 200.4-01 is establishers: Reso. 2001-0,39 NCS" Page 2 of 3 Po,.ga. 2 ~ ~ 3 _ ~ A. the traffic mitigation fee shall be waived Cor the property owners within the Assessment , District 2000-0T for' future development expansion. of up to a total of 25% of the existing facility square footage, allocated among the propgrfies within the Assessment District as set forth in the above table; and lB. the period within which stlch.traffic mitigation fee waivers shall be effective shall be 25- years or the life of the Assessment District 2000-01 Bonds, whichevez is longer; and the lift of the A.ssc~smeut District 2000-01 Bonds shall not be less than 2a years; and D. an owner who owtrs, now or in the :future:, more than. one parcel within Assessment District 2000-O1 sh~J.l be entitled: (a) to aggregate the traffic mitigation fee waivers associated with all of the parcels owned by such gainer; and (b) ~to apply such aggregated waivers, im such proportion as such owner may elect, to .development of all or any of such parcels; and . if a property owner within.Aasessment0istrict 200a-01 acquires another pzopeaty contiguous to his, her, or its prmperry and the acc3uiTed property is outside of the Assessment I)i8lriet, the traffic mitigation fee waivers of such oauncr for properly ~ai'thiri the Assessment District, including waivers aggregated undez Resolutioa D, .,above; maybe: (a) traruferred, -in whole or is part, to the a:.quirerl property; and (b) applied to the development of the acgt~.ired property, and F. for purposes of Resolutions D and E, above, multiple properties that are not owned by Jne same entity sha11 be domed to be owned by only one entity and shall be enzitle3 to the rights and benefits of Resolutions D and E if the ownership mdties are themselves. more than SO% ow.ucd or conYxoAedby the same owners (c.g., withaut limitation, if two properties are evened by two separate corporations, but the game person holds more than 50% of tfic stock of each corporation, the properties will be deemed to be owned by only on.e owner for purposes of applying Resolutions I> and P.); and G, if a property is transferred to a new awnes, the unused'waiver and the other bena5ts of the Resolutions set forth herein shall'run wrilh the land and shall inure to the be~e$t oftbc new owner; and neither flit adoption of these Resolutions nor the benefits conferred by thcem shall be deemed to be in lieu of or to derogate from any other rights of the property owners Tegarding~ traffic nnitigatiea, mnd/or traffic mitigation fees,, waiv`crs aaid/or czodits, nor sh$ll the acecptanee orexexcise of any of the benefits of th®se Resolutions by a'property owner be deemed to be a waives of any other rights of such owner regardiisg traffic nai~gation and/or traffic mitigation fees, waivers and/or credits. , ,Hader. db~ow~ snd n~ct6®ri~ eonferred upon.9F~is CwenciI by the Chne~ter oP said Clt~ REFE,t~~7C~'., F hsssDy c®rtify :the goregolap AesoluiSoa wnq ~nsrodmced rand adcrpte~ ~y 4tee Aliproved as to CodaciJ of tbb. C1ty o4 Petaluma ai o ~tesutar) tAd}ourtre2i) (l5pttlnl) meeaae or ea ~ ~ ~ r~,........, oar of .......F.e:hxzu.~tlr_ z~~... 0y a~~ So9lowEng.:vdre: .AdgornmY~ ~~s. 0°Brsen, T3~aly, Torliatt, Maguire, vice Mayor Coder-Thompson, PRay~r Tl~ompscsn l^1oES= Moynihan ABSIrN~': 23on e ATrLS7: _ Ciry Clerk' ~m Mayor CoaOd~ ~I~.~,~.~ , Rv, No. _...11.L~..len~ 3.9N;C,b. ~ c ' M Po.~e. 3 0 ~ 3