HomeMy WebLinkAboutResolution 2008-078 N.C.S. 05/19/2008Resolution No. 2008-078 N.C.S.
of the City of Petaluma, California
A RESOLUTION OF THE PETALUMA CITY COUNCIL
CONSENTING TO THE USE OF $200,000 OF TAX INCREMENT FUNDS IN THE
CENTRAL BUSINESS DISTRICT AND/OR PETALUMA COMMUNITY
DEVELOPMENT PROJECT AREAS AND ADOPTING FINDINGS REQUIRED BY
HEALTH AND SAFETY CODE SECTION 33445 FOR THE ENVIRONMENTAL
PROTECTION AGENCY BROWNFIELDS REVOLVING LOAN FUND (RLF)
WHEREAS, in June, 2007, the Petaluma Community Development Commission
("Agency") held a public hearing and adopted the Five Year Implementation Plan
("Implementation Plan") for the Central Business District Project Area ("CBD") and the
Petaluma Community Development Area ("PCD") (collectively, the "Project Areas") in
furtherance of the City's adopted Redevelopment Plans for the CBD and PCD; and,
WHEREAS, the Implementation Plan provides for the use of $200,000 in tax increment
funds for the purpose of funding the remediation of hazardous substances, pollution and
contamination as more particularly described in the Implementation Plan (collectively, "Public
Improvements") within the Project Areas; and,
WHEREAS, completion of the Public Improvements will eliminate blighting conditions
in the Project Areas because the present contaminated condition of a site or structure prevents
redevelopment or rehabilitation, impairs the environment and disallows public or private use,
thereby continuing hazardous conditions and blight; and,
WHEREAS, Agency and City staff have explored potential funding sources and are
aware of no other source of funds reasonably available to undertake the Public Improvements,
other than City general fund revenues which are committed for the provision of essential
services; and,
WHEREAS, California Health and Safety Code Section 33445 provides that a
redevelopment agency may, with the consent of the legislative body, pay for the cost of the
construction of improvements which are publicly owned if the legislative body determines all of
the following:
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.
That the payment of funds for the cost of the improvements will assist in the
elimination of one or more blighting conditions inside the project area, and will be
consistent with the implementation plan adopted by the redevelopment agency.
Resolution No. 2008-078 N,C.S. Page 1
NOW, 'THEREFORE, BE I~' RESOLVED that the Petaluma City Council hereby:
1. Adopts the findings stated above as true, correct and as its findings; and,
2. Based upon the foregoing, finds that (i) the expenditure of tax increment funds to
undertake the Public Improvements 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 is reasonably available, (iii) completion
of the Public Improvements will eliminate blighting conditions in the Project Areas;
and (iv) completion of the Public Improvements is consistent with the
Implementation Plan adopted for the Project Areas; and,
3. Consents to the expenditure of tax increment funds in the amount of $200,000 for the
purpose of completing the Public Improvements.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: 1 hereby certify the foregoing Resolution was introduced and adopted by the ~ App°oved as to
Council of the City of Petaluma at a Regular meeting on the 19`h day of May, 2008, ~ii~rm:
by the following vote: ~~
AYES: .Barrett, Freitas, Harris, Nau, O'Brien, Vice Mayor Babbitt, Mayor Torliatt
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: r'
~ ~~~
Deputy City Clerk
Resolution No. 2008-078 N.C.S. Page 2