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HomeMy WebLinkAboutPCDC Resolution 2007-21 12/03/2007RESOLUTION iVO.2007-21 PETALUMA COMMUNITY DEVELOPMENT COMMISSION APPROVING A REUSE REPORT REQUIRED BY HEALTH AND SAFETY CODE SECTION 33433, AUTHORIZING THE EXECUTION OF A SUBLEASE AGREEMENT WITH THE PETALUMA ARTS COUNCIL FOR THE FREIGHT SHED AT THE PETALUMA RAILROAD DEPOT, AND ADOPTING FINDINGS IN CONNECTION WITH SUCH SUBLEASE WHEREAS, by Ordinance 1725 N.C.S. adopted on July 18, 1988 by the City Council, the Petaluma Community Development Commission (the "Agency") established the Petaluma Community Development Project Area ("Project Area") and adopted a redevelopment plan for the Project Area (as thereafter amended, the "Redevelopment Plan"); and, WHEREAS, pursuant to that certain Commercial Lease (the "Master Lease"), dated August 1, 2003, and executed by and between Northwestern Pacific Railroad Authority ("Northwestern"), a public joint powers authority, and Agency, Agency leases the real property known as Sonoma County Assessor's Parcel No. 007-131-004, located in the Project Area on Lakeville Street between East Washington and D Streets (the "Property"), including three buildings located thereon and known as the "Passenger Depot", the "Baggage Shed" and the "Freight Shed"; and, WHEREAS, Sonoma Marin Area Rai! Transit Districf ("SMART") is the successor in interest to Northwestern under the Master Lease; and, WHEREAS, pursuant to an Exclusive Negotiating Rights Agreement authorized by Resolution adopted on January 22, 2007, Agency staff have negotiated the terms and conditions under which the Petaluma Arts Council, a California non-profit public benefit corporation (''Arts Council") would sublease the Freight Shed for purposes of art instruction, art displays, and other related art activities; and, WHEREAS, the Property and the terms and conditions of the sublease are more particularly described in a proposed Sublease Agreement (the "Sublease"), copies of which have been provided to the Agency and the City Council; and, WHEREAS, California Health and Safety Code Sections 33430 and 33431 provide that a redevelopment agency may lease real property without public bidding provided the agency holds a public hearing following publication of notice; and, WHEREAS, California Health and Safety Code Section 33433 provides that prior to a redevelopment agency's lease of property acquired with tax increment funds (i) the agency must prepare and make available to the public a report (the "Reuse Report") describing the terms of the lease of the property, (ii) the legislative body must hold a public hearing following notice, and (iii) the legislative body must approve the lease by a resolution adopting specified findings; and, PCDC Resolution 2007-21 Page 1 WHEREAS, the Agency has caused a Reuse Report to be prepared, and the Agency and the City Council have caused notice to be published and have conducted public hearings in accordance with all legal requirements; and, WHEREAS, the City Council has approved the Reuse Report, has approved the lease of the Freight Shed pursuant to the Sublease, and has adopted the findings required by Section 33433 of the Health and Safety Code. NOW, THEREFORE, BE IT RESOLVED that the Petaluma Community Development Commission does hereby: 1. Based on the information set forth in the Reuse Report, the staff report transmitting such report, and the proposed Sublease, find that the sublease of the Freight Shed to Arts Council in accordance with the Sublease will assist in the elimination of blight in the Project Area, will further the goals of the Redevelopment Plan, and will be consistent with the implementation plan adopted in connection therewith. 2. Based on the information set forth in the Reuse Report, the staff report transmitting such report, and the proposed Sublease, find that the consideration to be paid for the Freight Shed is not less than the fair reuse value of the Freight Shed at the use and with the covenants and conditions imposed by the Sublease and Master Lease. 3. Approve the Reuse Report. 4. Approve the sublease of the Freight Shed to Arts Council pursuant to the terms and conditions set forth in the Sublease. 5. Approve the Sublease and authorize the Executive Director or the designee of the Executive Director to execute and deliver the Sublease substantially in the form on file with the Agency Secretary. 6. Authorize the Executive Director to execute and deliver such other instruments and to take such other actions as necessary to carry out the intent of this Resolution. ADOPTED this 3~d day of December, 2007, by the following vote: Commissioner Aye No Absent Abstain Barrett X Freitas X Harris X Vice Chair Nau X O'Brien X Rabbitt X Chair Torliatt X PCDC Resolution 2007-21 Page 2 ATTEST: APPROVED AS TO FORM: Claire Cooper, Recording Se Lary Eric Danly, Ge ral Counsel PCDC Resolution 2007-21 Page 3