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HomeMy WebLinkAboutPCDC Resolution 2005-06 05/16/2005RS®LUTI®IV 2005-06 PET~-LUAA~4 COnANIUNITY ®EVELOPMEIVT COI~lINAISSIOIV APPROVING THE EXPENDITURE OF TAX INCREMENT FUNDS FOR PUBLIC IMPROVEMENTS IN THE PETALUMA COMMUNITY DEVELOPMENT PROJECT AREA, ADOPTING FINDINGS REQUIRED BY HEALTH AND SAFETY CODE SECTION 33445 AND ACCEPTING THE COMPLETION OF THE 2004 OLD EAST PETALUMA REVITALIZATION AREA SIDEWALK INSTALLATION AND REPLACEMENT PROJECT C200805 WHEREAS, the Petaluma Community Development Agency (the "Agency") is a redevelopment agency duly created, established and authorized to transact business and exercise its powers pursuant to the Community Redevelopment Law, Health and Safety Code Sections 33000 et seq.; and, WHEREAS, the Redevelopment Plan for the Petaluma Community Development Project (the "PCD Plan") provides that the Agency is authorized to provide for the financing of certain public improvements in the project area as described in the PCD Plan (the "Project Area"); and, WHEREAS, construction, rehabilitation, and reconstruction of sidewalks (the "Public Improvements") will eliminate blighting conditions in the Project Area in that the present deteriorated condition of the sidewalks to be rehabilitated and reconstructed is unsightly, impairs circulation, and creates pedestrian hazards; and, WHEREAS, Agency and City staff are aware of no other source of funds reasonably available to undertake the Public Improvements as the only other source available for such 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 Implementation Plan adopted for the Project Area provides for expenditure of funds to complete the Public Improvements; 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: PCDC Resolution No. 2005-06 Page 1 The public improvements are of benefit to the project area or the immediate neighborhood in which the project is located; 2. No other reasonable means of financing the public improvements is available to the community; 3. The payment of funds for the cost of the public improvements will assist in the elimination of one or more blighting conditions inside the project area, and is consistent with the implementation plan adopted by the redevelopment agency; and WHEREAS, on October 18,.2004, the Agency awarded to Ghilotti Construction, the construction contract for the 2004 Old East Petaluma Revitalization Area Sidewalk Installation and Replacement Project C200805; and, WHEREAS, Ghilotti Construction has completed all the work to the satisfaction of the Director. NOW, THEREFORE, BE IT RESOLVED that the Petaluma Community Development Agency hereby: Finds that the facts and recitals set forth above are true and correct. Based on the foregoing, finds that (i) the expenditure of tax increment funds to undertake the Public Improvements as set forth in this Resolution will be of benefit to the Project Area; (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 Area; and (iv) completion of the Public Improvements is consistent with the Implementation Plan adopted for the Project Area. 3. Authorizes the expenditure of tax increment funds in the amount of $150,000 for the purpose of completing the Public Improvements within the Project Area. BE IT FURTHER RESOLVED that $150,000 be appropriated from fund 2130 for this project. PCDC Resolution No. 2005-06 Page 2 BE IT FURTHER RESOLVED the agency authorizes the City Clerk to sign the Notice of Completion and file same with Sonoma County Recorder, and the Finance Department is hereby authorized to release the ten (10%) retention to Ghilotti Construction within 60 days (60) days after the recordation of the Notice of Completion. Adopted this l6'h day of May 2005 by the following vote: "Commissioner Aye No Absent Canevaro X Chair Glass X Vice Chair Harris X Healy X Nau X O'Brien X Torliatt X ~, - ATTEST: 1..~- Claire Cooper, Recording ecretary ~ ; David Glass, Chair APPROVED AS TO FORM: PCDC Resolution No. 2005-06 Page 3