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HomeMy WebLinkAboutSTAFF REPORT JUNE 2006 8A Part3n H ti u a a W � Qx !�rsi e 0 G n E a Will v, ao o.t it l■ ■ ■ i ■ ■ it ■ n ....? a a A u UMill,. Y iiMt c E pp C 9 ? ■ ■ �_ ■ ■wlml , Ea w W An P u CL O u u E E Mill u WQ ii N u Mile Ni �' N FA C L.wl a N l■ ■I ■ ■ _ n a o a P it it nittl lit 9 C it itil! pill c E it u u n u...tr E ittit a ilm w Ntint,- 0 y vy m a � O '' b N C N V ol 'nCL o Q 'd it m a u+ :.i E w o E C .i t F 0 V 0 _ E Nililt E igu ., t C O V CL .a as N wu �C O a um 5 54 0. q wm S m0 w m° wm it C D. Description of PCDC's Non -Housing Redevelopment Program This section describes PCDC's proposed Non -Housing Redevelopment Program, including the deficiencies to be corrected and project and activity descriptions. The projects and activities are intended to reflect the general statement of goals and objectives that are contained in the Redevelopment Plans and referenced in Section D of Chapter I. Table III-2 summarizes the Redevelopment Program's project and activities. As they are implemented, these projects and activities may be modified over time to better serve the purposes of redevelopment. Cost estimates are necessarily preliminary in nature and subject to considerable refinement as the Redevelopment Program planning and implementation proceeds. However, the cost estimates are adequate to provide reasonable orders of magnitude for the financial feasibility evaluation and the need for tax increment financing. Table III-3, included at the end of this chapter, summarizes the total estimated costs of PCDC's proposed Redevelopment Program. Circulation, Landscaping and Parking Improvements a. Deficiencies to be Corrected The blighting conditions described in Chapter II and shown in Appendix B need to be alleviated in order to enhance the Project Areas. Many of the existing streets within the project areas are in poor condition. Additionally, the overall street grid is incomplete and fragmented, with many dead end streets, particularly along the river in the CBD. The Project Areas also lack sufficient well -developed pedestrian and bicycle networks. The poor street conditions and circulation problems are a danger to the community, as is evidenced by the amount of traffic and the high number of accidents in the Project Areas. These conditions hinder economic development in the area. Furthermore, the lack of sufficient parking negatively impacts rent levels and development in the CBD. b. Projects and Activities The circulation, landscaping and parking improvements projects and activities will address roadway, streetscape and transportation related deficiencies. PCDC will assist in funding transit, bicycle, pedestrian and parking improvements in the Project Areas. This category also includes beautification activities such as lighting and landscaping improvements, and Gateway improvements. Circulation, landscaping and parking improvements include, but are not limited to the following: Improve, construct and reconstruct roadway, streetscape and transportation related infrastructure to improve circulation and access to underutilized areas, provide additional access to the Downtown and mitigate adverse effects of new development. Assist in funding transit improvements in the Project Areas. • Repair, rehabilitate and improve bicycle and pedestrian networks in the Project Areas. • Construct trail, walkway, pedestrian river crossing, lighting, and landscape improvements to attain the objectives of the Petaluma River Enhancement Plan. • Prepare, design and establish funding mechanisms for crosstown transportation infrastructure to facilitate redevelopment. • Continue to undertake and provide assistance for street beautification projects. • Continue to provide assistance for parking improvements, including incentives to shift existing parking areas from the river's edge to convenient areas away from the river. Petaluma Community Development Commission III-5 Report to Council Petaluma Plan Amendments and Fiscal Merger June 2006 Table 111-2 Redevelopment Program Non -Housing and Housing Projects and Activities Project and Activities Descriptions 1. Circulation, Landscaping and Parking Improvements A. Improve, construct and reconstruct roadway, streetscape and transportation related infrastructure to improve circulation and access to underutilized areas, provide additional access to the Downtown and mitigate adverse effects of new development. B. Assist in funding transit improvements in the Project Areas. C. Repair, rehabilitate and improve bicycle and pedestrian environment in the Project Areas, D. Construct trail, walkway, pedestrian river crossing, lighting, and landscape improvements to attain the objectives of the Petaluma River Enhancement Plan. E. Prepare, design and establish funding mechanisms for crosstown transportation infrastructure to facilitate redevelopment. F. Continue to undertake and provide assistance for street beautification projects. G. Continue to provide assistance for parking improvements, including incentives to shift existing parking areas from the river's edge to convenient areas away from the river. 2, Public Facilities and Infrastructure A. Improve public infrastructure as needed, including fire stations and water, sewer, wastewater, storm drainage and flood control systems. B. Undertake undergrounding of electrical utilities. C. Continue to facilitate renovation of the Petaluma Railroad Depot and assist in relocation of railroad track behind Depot. D. Rehabilitate, install, acquire and improve parks, playgrounds, libraries and other public buildings and structures. 3, Economic Development A. Provide incentives for private sector investment in underutilized and vacant commercial areas north of the Petaluma River, Riverfront Warehouse District and Petaluma Boulevard. B. Provide incentives to encourage mixed -use development oriented to the Petaluma River and to transit nodes. C. Promote the development of retail, entertainment, lodging and related facilities that will strengthen the city center, reinforce downtown businesses and help attract visitors. D. Promote private sector development of residential uses on upper floors of commercial buildings. E. Provide incentives for the private sector investment to construct visitor lodging. F. Provide assistance to local community organizations to promote neighborhood services and programs. G. Continue to implement activities designed to strengthen existing industrial and commercial areas and attract new businesses, shoppers andjobs. H. Promote tourism to the area. q, Building Rehabilitation A. Provide assistance for seismic strengthening of commercial buildings through the Unreinforced Masonry Program. B. Provide low interest loan and matching funds for building and site rehabilitation and facade improvement programs. C. Provide incentives for private sector redevelopment of dilapidated and abandoned buildings. D. Provide incentives for fire sprinklers to buildings in the historic downtown. 5, Site Preparation and Development A. Continue to facilitate hazardous materials assessment and cleanup program. B. Assist in property acquisition and site assembly. C. Provide assistance to relocate incompatible uses. D. Facilitate development projects that could include existing owner and business tenant participation. 6, Affordable Housing A. Encourage home ownership for low and moderate first-time homebuyers. B. Facilitate development of new affordable multifamily and single-family ownership and renter housing. C. Facilitate development of affordable housing for the elderly. D. Provide assistance to agencies providing transitional and permanent housing for the homeless and those in crisis. E. Assist low to moderate income homeowners and residential property owners to rehabilitate homes needing structural repairs and maintenance. Source: Petaluma Community Development Commission; Seifel Consulting Inc. Petaluma Community Development Commission Report to Council Petaluma Plan Amendments and Fiscal Merger RI-6June2006 2. Public Facilities and Infrastructure a. Deficiencies to be Corrected The Project Areas have significant infrastructure and public facilities deficiencies that must be resolved in order for the area to attain its full potential. These issues include water, storm drainage and sewer system deficiencies as well as joint trench utilities deficiencies. In the CBD, aging pipes of inadequate size and outdated materials make the water service and fire protection systems inadequate to serve existing and new development. The soil conditions in the CBD have led to pipe abrasions, corrosion, and clogging in the sewer system. Additionally, areas of the PCD lack sewage systems or are hindered by aging wastewater treatment plants, which are currently experiencing capacity problems. The storm drainage system in the Project Areas is sporadic and disjointed, and the majority of the system is outdated. The deficiencies in the storm drainage system lead to flooding, which can be both destructive and dangerous. Currently in the CBD, joint trench utilities except natural gas are typically distributed to properties by overhead wires on poles. These overhead wires are dangerous during storms and natural disasters and are aesthetically unappealing. b. Projects and Activities Public facilities and infrastructure projects and activities will involve the construction and installation of public improvements to upgrade the existing aged and deteriorated infrastructure systems to support private development efforts and upgrade or replace public facilities. Projects to improve the public facilities and infrastructure in the Project Areas may include improvements to water, sewer, wastewater, storm drainage and flood control systems. The PCDC will assist in funding the construction of new and rehabilitated public facilities and infrastructure within or serving the Project Areas. Public facilities and infrastructure projects and activities may include, but are not limited to the following: • Improve public infrastructure as needed, including fire stations and water, sewer, wastewater, storm drainage and flood control systems. • Undertake undergrounding of electrical utilities. • Continue to facilitate renovation of the Petaluma Railroad Depot and assist in relocation of railroad track behind Depot. • Rehabilitate, install, acquire and improve parks, playgrounds, libraries and other public buildings and structures. 3. Economic Development a. Deficiencies to be Corrected As described in Chapter II and in Appendix B, the Project Areas suffer from a variety of physical and economic blighting conditions that need to be resolved in order for the areas to attain their full economic potential. Blighting conditions, such as vacant and underutilized lots and buildings, impede efficient and economically feasible development in the Project Areas. The economic development efforts will promote private investment by attracting high quality and appropriately located residential, commercial and industrial development to the Project Areas. Petaluma Community Development Commission 111-7 Report to Council Petaluma Plan Amendments and Fiscal Merger June 2006 b. Projects and Activities The goal of economic development activities is to develop and promote incentives that address the specific needs of existing businesses and enhance the City's ability to attract new businesses and visitors. Projects and activities will focus on strengthening the Downtown and vacant and underutilized areas throughout the Project Areas. Furthermore, this Redevelopment Program category will assist and promote other programs to develop and enhance tourism in the Project Areas, such as the development of visitor lodging. Economic development activities may include, but are not limited to the following: • Provide incentives for private sector investment in underutilized and vacant commercial areas north of the Petaluma River, Riverfront Warehouse District and Petaluma Boulevard. • Provide incentives to encourage mixed -use development oriented to the Petaluma River and to transit nodes. • Promote the development of retail, entertainment, lodging and related facilities that will strengthen the city center, reinforce downtown businesses and help attract visitors. • Promote private sector development of residential uses on upper floors of commercial buildings. • Provide incentives for the private sector investment to construct visitor lodging. Provide assistance to local community organizations to promote neighborhood services and programs. Continue to implement activities designed to strengthen existing industrial and commercial areas and attract new businesses, shoppers and jobs. Promote tourism to the area. 4. Building Rehabilitation a. Deficiencies to be Corrected Many buildings in the Project Areas suffer from conditions that limit their economic potential and may make them a safety risk for the community. Appendix B documents adverse building conditions including: deteriorated and dilapidated buildings; buildings that are seismically unsafe, either due to their construction or their age; and buildings that have been abandoned and neglected. As is shown in the prototypical rehabilitation discussion and analysis in Chapter II, it is not always feasible for the private sector to rehabilitate these buildings without public assistance. b. Projects and Activities The building rehabilitation projects and activities may finance a portion of the total costs involved in the rehabilitation, retrofitting and code compliance of existing structures. It is designed to encourage existing property owners/businesses to substantially upgrade deteriorated storefronts, retrofit umeinforced masonry buildings and correct code violations to upgrade the appearance of properties and encourage new infill development. The building rehabilitation projects and activities include, but are not limited to the following: Provide assistance for seismic strengthening of commercial buildings through the Unreinforced Masonry Program. Provide low interest loan and matching funds for building and site rebabilitation and fagade improvement programs. Provide incentives for private sector redevelopment of dilapidated and abandoned buildings. Provide incentives for fires sprinklers to buildings in the historic downtown. Petaluma Community Development Commission lIl-8 Report to Council Petaluma Plan Amendments and Fiscal Merger June 2006 5. Site Preparation and Development a. Deficiencies to be Corrected Many properties in the Project Areas are potentially contaminated with hazardous materials, appear on environmental monitoring lists, and/or contain leaking underground fuel tanks. Portions of the Project Areas are characterized by land uses that are incompatible with each other, which prevents the economic development of those parcels. When substantial negative impacts are created by adjoining facilities or uses, the value and economic viability of properties is adversely affected. These and other blighting conditions such as substandard, deteriorated and dilapidated buildings and inadequately sized or irregularly shaped lots impede efficient and economically feasible development. Site preparation and development activities will help alleviate these blighting conditions. b. Projects and Activities Site preparation and development projects and activities will facilitate the planning and site preparation on parcels within the Project Areas. This program will also provide funding and other assistance to aid in remediation and property acquisition. Site preparation and development projects and activities include, but are not limited to the following: Continue to facilitate hazardous materials assessment and cleanup program. • Assist in property acquisition and site assembly. • Provide assistance to relocate incompatible uses. • Facilitate development projects that could include existing owner and business tenant participation. E. Description of PCDC's Affordable Housing Redevelopment Program This section describes the Affordable Housing Program, including project and activity descriptions and estimated project costs. a. Deficiencies to be Corrected and CRL Requirements to be Attained Throughout the Project Area many multifamily and single family residential buildings are in need of rehabilitation. In addition, some commercial and industrial properties are particularly suitable for redevelopment as housing or mixed use development (commercial and housing). PCDC will continue to implement a key provision of the CRL, the enhancement of affordable housing opportunities for households earning at or below 120 percent of median income, with particular emphasis on those households eeming at or below 50 percent of median income. Section 33334.2 of the CRL requires that an agency utilize 20 percent of all tax increment revenue allocated to PCDC to increase or enhance the community's supply of affordable housing. b. Description PCDC may establish a range of housing programs that seek to enhance project design and leverage federal, state and private funding sources to develop high quality, attractive and affordable housing developments serving a diverse population. The funds set aside for the Affordable Housing Program will be used in a flexible manner in order to respond to favorable development opportunities. Petaluma Community Development Commission III-9 Report to Council Petaluma Plan Amendments and Fiscal Merger June 2006 PCDC will continue to promote the development of a wide variety of affordable housing in the community in order to enhance the vitality of the area and provide much needed housing for the City. In particular, PCDC will continue to encourage mixed use development, development of new and rehabilitation of existing rental and ownership units, infill development, mixed income development and an array of senior housing possibilities. C. Projects and Activities As part of the Affordable Housing Program, PCDC will undertake the following types of affordable housing projects and activities: • Encourage home ownership for low and moderate -income first-time homebuyers. • Facilitate development of new affordable multifamily and single-family ownership and renter housing. • Facilitate development of affordable housing for the elderly. • Provide assistance to agencies providing transitional and permanent housing for the homeless and those in crisis. Assist low to moderate -income homeowners and residential property owners to rehabilitate homes needing structural repairs and maintenance. Table III-3 Estimated Net Cost to Agency of Redevelopment Program In Constant 2006 Dollars Redevelopment Program Net Cost to PCDC' Non -Housing Program Circulation, Landscaping and Parking Improvements $70 8 million Public Facilities and Infrastructure $24.7 million Economic Development $19.8 million Building Rehabilitation $19.8 million Site Preparation and Development $29.6 million SUBTOTAL° $164.7 million Affordable Housing Program' $78.4 million TOTAL $243.2 million a. Based on estimates provided by PCDC staff. Figures may not add due to rounding. b. Excludes administrative costs related to Non -Housing Program. c. Includes administrative costs related to Affordable Housing Program. Source: Petaluma Community Development Commission. Petaluma Community Development Commission III-10 Report to Council Petaluma Plan Amendments and Fiscal Merger June 2006 IV. Proposed Methods of Financing and Feasibility Chapter IV describes the public and private financing aspects of the Redevelopment Program. It presents estimated total funding requirements, identifies potential resources and methods of financing available to PCDC, presents projected tax increment revenues, and assesses the general financial feasibility of the Plan Amendments and Fiscal Merger. This chapter also explains why tax increment financing is a necessary part of the overall financing program to eliminate blighting conditions in the Project Areas. Blighting conditions persist in the Project Areas, and significant capital investment will be necessary to alleviate them. While PCDC continues to pursue other potential funding sources, revenues from these sources will not be sufficient to accomplish the activities needed to alleviate the blighting conditions identified in the Project Areas. Tax increment financing will be needed to continue the PCDC's efforts to revitalize the Project Areas. A. Introduction As described in Chapter I, the primary reasons for fiscally merging the two Redevelopment Projects are to accelerate the achievement of the goals identified in the existing Redevelopment Plans as expediently as possible. Continued implementation of the redevelopment projects and activities will require substantial funding. The immediate pressure to provide funding sources for the cost of blight alleviation stems from both the necessity to mitigate the public infrastructure, public facility and environmental deficiencies, and to improve public safety, health, and welfare within the Project Areas. Persistence of unsafe building conditions, undemtilization of buildings and lots, impaired investments, and inadequacies in public improvements and facilities can only be addressed through the Plan Amendments and Fiscal Merger, which will enhance the implementation of the Redevelopment Program. City general funds are commonly used to supplement redevelopment agency resources at the local level. However, public revenue sources such as Community Development Block Grants (CDBG) in combination with the City's general fund and other City funds are currently insufficient to cover the cost of the projects and activities proposed by PCDC to alleviate blight. Although the City and PCDC have other sources of funding, such as developer and owner participation and assessment districts, these funds are not sufficient to support the projects and activities identified by the Redevelopment Program. The resources of the public and private sectors alone without redevelopment continue to be insufficient to eliminate blighting conditions in the Project Areas. Tax increment financing continues to be the most reliable source of long term funding available to PCDC and is the only source of financing that will generate sufficient revenue to meet the funding gap. As previously described in Chapter I, the proposed Plan Amendments will fiscally merge the Central Business District Redevelopment Project (CBD) and the Petaluma Community Development Project (PCD) and merge and increase the bonded indebtedness caps of each Project Area. Specifically, the Plan Amendments and Fiscal Merger will create a combined dollar limit on the amount of outstanding bonded indebtedness for the CBD and the PCD of $250 million. Petaluma Community Development Commission IV-1 Report to Council Petaluma Plan Amendments and Fiscal Merger June 2006 Fiscally merging and amending the two Redevelopment Projects will offer substantial benefits. With more flexibility in funding, the projects and activities needed to address the blighting conditions in the Project Areas as described in Chapter II would be able to be completed earlier than anticipated. The Redevelopment Program described in Chapter III will enhance the viability and expansion of businesses and continue the revitalization of the Project Areas, thereby creating job opportunities for residents of the Project Areas and for the community as a whole. Finally, the acceleration of tax increment revenues to PCDC resulting from investment that will be stimulated by the enhanced and accelerated redevelopment activities would generate more funds for improving and expanding the supply of affordable housing in the community. This chapter is organized as follows: A. Introduction B. Stimulation of private investment C. Estimated funding requirements D. Potential sources other than tax increment financing E. Tax increment financing as the primary source of funding F. Assumptions used in tax increment projections G. Tax increment projections H. Financial feasibility of the Redevelopment Program I. Necessity of tax increment financing and Fiscal Merger B. Stimulation of Private Investment A major goal of the Plan Amendments and Fiscal Merger is to accelerate private investment in the PCD and the CBD. Public investment in the form of redevelopment funding will be used to leverage private investment. Private investment is anticipated to include new commercial and residential development on vacant or underutilized parcels and the rehabilitation of commercial and residential buildings in many parts of the Project Areas. Over time, such investment could be significant. However, private investment in these areas will depend upon the improvement of public facilities and infrastructure, the elimination of blighting conditions, and the establishment of a positive climate for private participation. Given the extent of blighting conditions and the need for improved public facilities and infrastructure, effective implementation of the Redevelopment Program through the use of tax increment financing provides the most reasonable opportunity for stimulating private investment in the area. Petaluma Community Development Commission IV-2 Report to Council Petaluma Plan Amendments and Fiscal Merger June 2006 C. Estimated Funding Requirements The implementation of the Redevelopment Program will require substantial funding. Chapter Ill describes the Redevelopment Program, specifically identifying the projects and activities and their associated costs.' PCDC cost estimates presented in Chapter III take into account the amount of funds that PCDC anticipates it will leverage under each Redevelopment Program category. The estimated net cost of the Redevelopment Program, as described in Chapter III and shown in Table IV-1, totals approximately $243.2 million (in constant 2006 dollars).' The cost of the Redevelopment Program excludes offsetting funding from non -tax increment sources that will supplement PCDC funds (as described in Section D of this chapter and Appendix Q. Table IV-1 Estimated Net Cost to PCDC of Redevelopment Program In Constant 2006 dollars Petaluma Plan Amendments and Fiscal Merger Redevelopment Program Net Cost to PCDC' Non -Housing Program WWREW Circulation, Landscaping and Parking Improvements $70.8 million Public Facilities and Infrastructure $24.7 million Economic Development $19.8 million Building Rehabilitation $19.8million Site Preparation and Development $29.6 million SUBTOTALb $164.7 million Affordable Housing Program` $78.4 million TOTAL S243.2 million a. Based on estimates provided by PCDC staff. Figures do not add or subtract due to rounding. Other potential funding sources include: local funds such as development exactions, assessment districts, traffic impact fees, park facilities fees, as well as state and federal funds. The PCDC will continue to leverage these funds as much as possible to accomplish its projects. b. Excludes administrative costs related to Non -Housing Program. c. Includes administrative costs related to Affordable Housing Program. Source: Petaluma Community Development Commission; Seifel Consulting Inc. ' As discussed in Chapters I and III, the Redevelopment Program for each Project Area will not be modified under the Plan Amendments and Fiscal Merger, 2 The term 2006 dollars or constant 2006 dollars is used to indicate the present value of future dollars discounted back to FY 2005/06, For more information, refer to discussion on present value assumption in Section F.2 of this chanter. Petaluma Community Development Commission IV-3 Report to Council Petaluma Plan Amendments and Fiscal Merger June 2006 D. Potential Sources Other than Tax Increment Financing The Redevelopment Plans authorize PCDC to finance the Redevelopment Program using all available funding sources, including local, state and federal sources. Local sources include assessment districts, impact fees, interest income, the lease or sale of PCDC-owned property, tax allocation bonds, loans from sponsoring entities and other local public entities as well as the lease and sale of PCDC-owned property. PCDC will make every effort to obtain alternative funding sources as a means to accelerate the implementation of the Redevelopment Program and to minimize the required investment of tax increment revenues. PCDC also will work with the City and County and use their combined resources to secure federal, state and private funding. As appropriate, PCDC will also pursue available loan programs to maximize the leveraging of its funds. However, tax increment financing is the most reliable source of long term funding available to PCDC. It is the only source that will generate substantial revenue to meet the projected funding needs of the Redevelopment Program. Appendix C includes a matrix of a wide range of alternative funding sources that might be available to assist in financing the Redevelopment Program. It lists each potential source, the responsible entity, a summary of the source, the type of funding (grant, loan, or other), and an evaluation of the likelihood that the source could generate revenues for use in the Project Areas. Some sources may generate more funds than estimated, while others may generate less. On balance, the estimates of alternative revenues provide an initial assessment of funding availability to determine the need for tax increment revenue to fill the funding gap in the Redevelopment Program costs. Appendix C, Table C-1 groups funding sources according to whether they are primary, secondary or complementary. Funding sources considered to be unavailable or unlikely are listed in Appendix C, Table C-2. Primary Funding Sources Other Than Tax Increment Revenue Tax increment financing is the only primary source of funding anticipated to be available to PCDC. Primary sources are those considered most likely to be available to provide funding for the Redevelopment Program, while secondary sources are less likely to be available. Complementary sources would not provide direct funding for the Redevelopment Program. However, they could be used for economic development, business support and expansion, neighborhood improvements, and community enhancement, which would enhance the effectiveness of the Redevelopment Program. 2. Secondary Funding Sources While less significant or less likely to be available than primary funding sources, secondary sources will continue to be used by the PCDC to accomplish its projects. The following secondary funding sources will be used by the PCDC whenever possible. These include federal, state and local funding sources as summarized below: HOME Funds Federal HOME funds provide formula grants to states and localities. This grant funding is dedicated to affordable housing, and communities often use these funds in conjunction with local nonprofit organizations. HOME funds are awarded annually by the U.S. Department of Housing and Urban Development (HUD) to participating jurisdictions. States are automatically eligible and receive funding each year, and local jurisdictions can receive an allocation. Petaluma Community Development Commission IV-4 Report to Council Petaluma Plan Amendments and Fiscal Merger June 2006 Safe. Accountable. Flexible. and Efficient Transportation Equality Act of 2003 (SAFETEA) The goal of SAFETEA is to address the significant transportation challenges in the areas of safety, security, congestion, intermodal connectivity, and timely project delivery. The U.S. House and Senate reauthorized SAFETEA in late July of 2005, and President Bush signed it into law on August 10, 2005. The program provides $244.1 billion in guaranteed funding for highways, highway safety, and public transportation through FY 2008/09. This represents the largest single investment in surface transportation in the history of the United States. Accordingly, a considerable number of safety, finance, highway, environmental, public transportation, planning and research programs will be funded under the SAFETEA competitive federal aid program. The Metropolitan Transportation Commission (MTC) administers SAFETEA funds for the Bay Area. Brownfield Economic Development Initiative (BEDI) The Brownfield Economic Development Initiative (BEDI) is a competitive grant program that makes funds available for the cleanup and redevelopment of environmentally contaminated and hazardous industrial or commercial sites. It is offered by the U.S. Department of Housing and Urban Development (HUD) and must be linked with a new Section 108-guaranteed loan commitment (described in Complementary Funding Sources below). Transportation for Livable Communities (TLC) Through the Transportation for Livable Communities (TLC) Program, the Metropolitan Transportation Commission (MTC) offers planning grants, capital grants and the Housing Incentive Program. Planning grants are awarded to help sponsors refine and elaborate on promising project concepts. Capital grants directly support construction activities. The Housing Incentive Program awards grants to cities and counties that build high density housing within one-third mile of a major transit station or corridor with peak period service intervals of 15 minutes or less. Historic Preservation Grants -in -Aid The National Parks Service provides matching grants-in-aid to states to assist in their efforts to protect and preserve properties listed in the National Register of Historic Places. Inner City Ventures Fund (ICVF) The Inner City Ventures Fund (ICVF) finances community development projects that result in preserving historic properties that benefit low, moderate, or mixed income neighborhoods. The ICVF is made available through the National Trust for Historic Preservation. Downtown Rebound Grant The California Department of Housing and Community Development provides Downtown Rebound Grants in order to increase residential housing opportunities in an area that has housing needs and is under pressure due to lack of available land. Developer and Property Owner Participation Funds may be advanced to a city or agency by a developer or property owner in the form of a negotiated fee or grant, or a loan for public improvements that is repaid during the course of project implementation from tax increment revenues. Whenever possible, PCDC will enter into development agreements with developers who agree to contribute funding for specific improvements. Property owners will provide repayment on low interest loans or will be required to provide private funds to match agency rehabilitation grants. However, often the developer cannot afford the entire cost of blight alleviating activities without PCDC assistance. Petaluma Community Development Commission 1V-5 Report to Council Petaluma Plan Amendments and Fiscal Merger June 2006 Development Impact Fees Development Impact Fees are fees on new private development designed to mitigate specific consequences of growth. Impact fees are used to increase levels of service for future residents and businesses when required by new or heightened demand on existing services and facilities. Lease Revenues Broad authority exists to issue revenue bonds secured by sources other than tax increment, such as tenant leases on publicly owned land or in publicly owned facilities. Interest Income Some income will accrue to PCDC from the investment of tax increment revenues and proceeds. However, much, if not all, of the interest income will likely be offset by the need for PCDC to pay interest on indebtedness, including PCDC issued bonds. Actual income from this source would also be influenced by the amount of money available for investment, term of the investment, and achievable interest rates. Private Donations Private Donations by individuals, civic booster organizations, or corporate sponsors can contribute resources to the Redevelopment Program in line with donor wishes. 3. Complementary Funding Sources While not providing direct funding for the Redevelopment Program, complementary sources could provide funding for economic development, business support and expansion, neighborhood improvements, and community enhancement. The following federal, state and local funding sources may be utilized by the PCDC; however, potential funding from these sources is not anticipated to be substantial. Most of the federal and state sources would only be awarded to cities like Petaluma on a competitive basis. Local sources such as assessment districts and Mello -Roos community facility districts are subject to approval by local property owners, and the additional cost burden for blight alleviating improvements is not often feasible. Business Improvement District (BID) A business improvement district (BID) is a special type of assessment district that generates revenue to support enhanced services. Two types of BID mechanisms exist under state law: 1) Business Improvement Areas (BIAs), and 2) Property Based Improvement Districts (PBIDs). BIAS have been used widely in the State and provide for an additional fee to annual business licensing charges. However, due to the limited income generated through the business license fee, BIAS typically have had relatively narrow scopes of services. In1994, the Property and Business Improvement District Law provided for an assessment of commercial property, paving the way for a new generation of PBIDs to eventually replace the existing BIAS. The creation of a PBID requires petition support from businesses that would pay more than 50 percent of the annual fees to be collected in the proposed area. A PBID has a cap on assessments and a five year maximum life. PBIDs require the creation of an advisory committee of property and business owners. PBID funds are most effective when leveraged with CDBG and redevelopment funds. Eligible activities include enhanced services such as maintenance, sidewalk cleaning, security, marketing and economic development. PBIDs can fund these activities as well as public improvements such as acquisition and maintenance of parking facilities, benches, trash receptacles, street lighting, decoration and public plazas. A PBID is a potential funding source for community enhancements. Petaluma Community Development Commission IV-6 Report to Council Petaluma Plan Amendments and Fiscal Merger June 2006 Assessment Districts Assessment Districts enable a city to levy additional taxes on property within designated areas in order to finance improvements directly benefiting those areas. Bonds are issued to finance local improvements such as streets, sidewalks, and parking facilities. Typically, an assessment district is formed to undertake a particular public improvement, and bonds are issued under one of two major assessment acts: the Improvement Act of 1911 or the Improvement Bond Act of 1915. Upon the issuance of bonds, the district has the power to assess all property owners included in the district in order to repay the borrowed funds. An assessment district can be established as its own jurisdiction, or it can be included under a city's taxing system, assuming that the improvement is located entirely within a city's jurisdiction. Assessment districts are not limited by Proposition 13 and Proposition 4, and have the additional advantage of placing the costs of public facilities directly on the benefited property owners. However, Proposition 218, a 1996 state constitutional amendment, enacted more restrictive requirements for adopting an assessment district and limited the improvements and activities that can be financed through an assessment district. These requirements reduce the likelihood that an assessment district would be a viable financing option for the Redevelopment Program. Mello -Roos Community Facilities District (CFD) In addition to assessment districts, the Mello -Roos Community Facilities Act of 1982 authorizes the formation of a Community Facilities District (CFD) to be used to finance capital improvement projects and to pay for ongoing operations and maintenance of certain facilities. It is similar to an assessment district, but is authorized under separate legislation with different regulations. A CFD may be established in conjunction with a redevelopment project to undertake new public projects ofjoint benefit. A CFD can levy special taxes and issue bonds to finance these improvements. The formation of a CFD would require Agency approval and would require the affirmative vote of two thirds of the property owners (weighted vote based on acres owned). Housing Enabled by Local Partnership Program (HELP) The HELP Program, provided by the California Housing Finance Agency (CaIHFA), offers loans with a three percent interest rate to local government agencies for their locally determined affordable housing activities and priorities. HELP funds must be used to directly produce affordable housing units; however, flexibility is given to the government agency to determine the specific housing activity and use of the funds. The Agency's affordable housing efforts could be supported by HELP funds to directly produce affordable housing through acquisition, development, rehabilitation or preservation of affordable rental or ownership housing. These loans would likely be repaid using tax increment funds, so they do not represent additional Agency resources. CDBG Section 108 Loan Guarantees The CDBG Section 108 Loan Guarantees are funds made available through the U.S. Department of Housing and Urban Development (HUD). It is a potential source of funding for economic development, housing rehabilitation, public facilities and large scale physical development projects. All projects must either principally benefit low and moderate income persons, aid in the elimination or prevention of blight, or meet an urgent need. It does not generate new funds; rather it is a loan fund secured by CDBG or other dedicated revenues, such as tax increment revenues. Petaluma Community Development Commission IV-7 Report to Council Petaluma Plan Amendments and Fiscal Merger June 2006 Transportation Development Act (TDA) Transportation Development Act (TDA) funds are generated statewide through a one -quarter cent tax on retail sales in each county. TDA funds may be used for transit projects, special transit projects for disabled persons, and bicycle and pedestrian purposes. The City receives an annual TDA apportionment, and the MTC determines the ways in which the funds are spent. Activities funded by TDA generally include regional and municipal transit programs, bikeway improvements and other programs designed to reduce automobile usage. TDA funds are a potential source of funds for improvements designed to reduce automobile usage, such as pedestrian and bicycle networks. Infrastructure State Revolvina Funds (ISRF) The Infrastructure State Revolving Fund (ISRF) is low cost financing program from the California Infrastructure and Economic Development Bank ([BANK) to public agencies for a wide variety of infrastructure projects with loan terms of up to 30 years. The interest rate is fixed for the term of financing. Eligible applicants include cities, counties, special districts, assessment districts, joint powers authorities and redevelopment agencies. Eligible projects include city streets, county highways, state highways, drainage, water supply and flood control, educational facilities, environmental mitigation measures, parks and recreational features, port facilities, public transit, sewage collection and treatment, solid waste collection and disposal, water treatment distribution, defense conversion, public safety facilities, and power and communication facilities. Certified Local Government Proeram The National Historic Preservation Act enables local governments with a commitment to preservation to apply to become a Certified Local Government (CLG), and thus be eligible to compete for special federal funds. This funding can be used for various preservation activities in the community. The California Office of Historic Preservation administers the program works in partnership with these local governments to promote historic preservation efforts. Mills Act Property Tax Abatement Proeram The California Office of Historic Preservation offers the Mills Act Property Tax Abatement Program. It provides eligible historic private property owners the opportunity to actively participate in the restoration of their properties while receiving property tax relief. Brownfields Cleanup Revolving Loan Fund (BCRLF) Brownfields Cleanup Revolving Loan Fund (BCRLF) is a competitive loan fund pilot that enables states and municipalities to make low interest loans for cleanup activities at brownfields sites. The Environmental Protection Agency (EPA) administers the BCRLF. Rule 20A Program The Rule 20A Program provides funding for the undergrounding of overhead electrical wires as well as other utilities. Pacific Gas & Electric (PG&E) operates the program and customers pay for it through future electric rates. Petaluma Community Development Commission IV-8 Report to Council Petaluma Plan Amendments and Fiscal Merger June 2006 4. Funding Sources Considered to be Unavailable or Unlikely As described above, PCDC will continue to utilize local, state, and/or federal government funds, and also funds from foundation and other private sector sources. Over twenty sources other than those outlined above were evaluated by PCDC for their potential use to fund redevelopment activities in the Project Areas. See Table C-2 in the Appendix for a list of these sources. None of these has provided or is expected to provide substantial additional financial resources to the PCDC. Furthermore, some of these sources are provided as loans that would have to be repaid from tax increment. To a large extent existing resources for improvement projects have been maximized in the Project Areas. In addition, other sources have been found to be clearly infeasible or to have little potential of generating measurable revenues. Special taxing districts are also considered unlikely. Tax increment is the primary source, and often the only source, of revenue in PCDC's Redevelopment Projects designed to alleviate blight. E. Tax Increment Financing as the Primary Source of Funding The primary source of financing for the Redevelopment Program has been, and will continue to be, tax increment revenue generated by the increase in property values from the Project Areas. Based on the assumptions outlined in this chapter, the tax increment revenues generated over the tax increment collection period are projected to be sufficient to meet PCDC costs for the Redevelopment Program (for both housing and non -housing activities) that cannot reasonably be financed from other sources. PCDC prepares an annual budget each year that sets forth its proposed expenditures. PCDC annually evaluates the projected amount of funds available from tax increment and other revenue sources and sets its annual budget taking into account the level of these funding resources. PCDC will not commit more funds on an annual basis than it projects will be available to fund the Redevelopment Program. Tax increment projections for the PCD, CBD 1976 Original Area and CBD 2001 Added Area are calculated separately. Each area has its own base assessed value and financial and time limits. This section presents an overview of the use and calculation of tax increment revenue under the CRL. Section F then describes specific considerations and assumptions relevant to the estimates of tax increment revenue that may be generated, and Section G summarizes tax increment projections. Appendix D includes detailed projections of potential tax increment revenues. Petaluma Community Development Commission IV-9 Report to Council Petaluma Plan Amendments and Fiscal Merger June 2006 Time and Fiscal Limits The CRL imposes specific time and fiscal limits on particular redevelopment activities. Refer to Table IV-2 for the base year values and financial and time limits for the Project Areas under the Plan Amendments and Fiscal Merger. The PCD, the CBD 1976 Original Area, and the CBD 2001 Added Area have their own base assessed value and financial and time limits. The only fiscal limits to be modified under the Plan Amendments and Fiscal Merger are the limits on outstanding indebtedness. These limits for the Project Areas will be combined and increased. Time Limit to Incur Debt The time limit to incur debt in the PCD and the CBD 1976 Original Area will be repealed. The time limit to incur debt in the CBD 2001 Added Area remains the some. Time Limit to Implement Projects In June 2004, PCDC extended the time limits for project activities per SB 1045 in the PCD, the CBD 1976 Original Area and the CBD 2001 Added Area. In addition, the time limit for project activities is proposed to be extended by two years in the CBD 1976 Original Area per SB 1096. Therefore, PCDC must complete all project activities by July 2029 in the PCD, through September 2019 in the CBD 1976 Original Area, and by June 2032 in the CBD 2001 Added Area. This limit is also referred to as the limit for plan effectiveness. Time Limit to Receive Tax Increment and Repay Debt After the time limit for project activities, PCDC can collect tax increment for 10 years in the PCD and the CBD 1976 Original Area; and 15 years in the CBD 2001 Added Area to repay debt. Limit on Amount of Outstanding Bonded Indebtedness The Redevelopment Plan must include a limit on the total amount of outstanding bonded indebtedness secured by tax increment revenue. PCDC intends to merge the limit of outstanding bonded indebtedness for all Project Areas and increase it to $250 million. Limit on Eminent Domain Activiri The time limit for eminent domain authority is June 2013 in the CBD. Eminent domain authority has expired in the PCD. Petaluma Community Development Commission IV-10 Report to Council Petaluma Plan Amendments and Fiscal Merger June 2006 h m O O O O W 06 W d � w . w 0 ti 00 O 9 o U � 0 0 p O N N E O N cd N N O 06 0 6 CD 00 °J U M rn Moo > g m 0 o w�wz ti�� m � C N u0. U W U o Lpp ,N fti U d cC vNi y q � U ° ° a 0 0 a a` F. N H y I.. V Q W Q W p Y to b a o a a a 'O ctl ro ro m N 0 R 2. Using Tax Increment Revenue to Eliminate Blighting Conditions The general purpose of redevelopment is the elimination of blighting conditions. The completion of a redevelopment program results in a project area that is physically enhanced and economically stronger due to the elimination of blighting conditions. Chapter II presents evidence of remaining blighting conditions in the Project Areas. The Redevelopment Program described in Chapter III is specifically designed to stimulate private investment and alleviate physical and economic blighting conditions in the Project Areas. The use of tax increment revenue is the most appropriate means of providing sufficient funding for the Redevelopment Program. 3. Stabilizing and Enhancing the Property Tax Base In many communities, redevelopment projects have led to the stabilization of property tax rolls and tax receipts for taxing entities within project areas. As a result, these communities have avoided declines in tax revenues due to erosion of property values. In most redevelopment project areas, the investment of public redevelopment funds to leverage private investment has resulted in substantial increases in property values over time due to rehabilitation, new construction, and property appreciation. 4. Establishing the Base Year Assessed Value The first major step in the implementation of a tax increment financing program, establishing the base year assessed value of a project area, occurs at the time of redevelopment plan adoption. The base year assessed value includes the total value of taxable property within a project area's boundaries. The tax roll used is called the base year assessment roll or base year assessed value. Under the Fiscal Merger, the base year values for the PCD, the CBD 1976 Original Area and the CBD 2001 Added Area remain the same. Refer to Table IV-2 for the respective base years and base assessed values. 5. Distribution of Property Taxes During Project Implementation Under the Plan Amendments and Fiscal Merger, all of the entities that levy taxes in the Project Areas will continue to receive all property tax revenues derived from the relevant frozen base. Taxing entities will also continue to receive their existing contractual and statutory pass through payments. In addition, the taxing entities may also receive a portion of the property tax revenues generated from the increases in assessed value over a relevant base year assessed value. Inflation Allocation Pavments For redevelopment projects adopted between January 1995 and December 1993, Section 33676 of the CRL allowed affected taxing entities to elect to receive a portion of the total tax increment revenue generated in a project area in addition to their share of the frozen base of the property taxes under certain circumstances.' This is often referred to as the two percent inflation allocation. Inflationary allocation payments are not considered part of the tax increment revenue, and therefore are not counted against the tax increment collection cap. ' Taxing entities could either elect to receive a portion of tax increment revenue via Section 33676 or alternatively were allowed to enter into n contractual fiscal aereement with a redevelonment aeencv. Petaluma Community Development Commission IV-I2 Report to Council Petaluma Plan Amendments and Fiscal Merger June 2006 Contractual Pass Throueh Payments Prior to 1994, only taxing entities that had entered into contractual pass through agreements with redevelopment agencies were eligible to receive pass through payments. Agencies were allowed at the time of redevelopment plan adoption to negotiate with taxing entities to establish contractual pass through agreements. Section 33401 of the CRL stipulated that a redevelopment agency could enter into an agreement with an affected taxing entity to pay an amount of money in lieu of taxes to alleviate a fiscal detriment from redevelopment. This contractual pass through amount could not exceed the amount the taxing entity would have otherwise received had the project area not been established. Statutory Pass Through Payments Assembly Bill 1290, effective January 1, 1994, eliminated the authorization for establishing or amending negotiated contractual pass through agreements and imposed statutorily determined pass through payments to affected taxing entities for plans adopted or amended January 1, 1994 or later. The CRL provides standard formulas for the calculation of pass through payments for plans adopted or amended after 1993. Each entity receives a payment in proportion to its property tax levy in each project at the time of plan adoption or amendment. The pass through payments constitute the State Legislature's determination of the payments necessary to alleviate any financial burden of a redevelopment program to affected taxing entities. CRL Section 33607.5(f)(1)(B) states that statutory pass through payments are the only payments that are required of a redevelopment agency to affected taxing entities during the term of a redevelopment plan. (The calculation of statutory pass through payments are further described in Section F.5.) 6. Tax Increment Financing The Redevelopment Plans enable PCDC to receive tax increment revenues as defined in CRL Section 33670. Therefore, the method of financing commonly referred to as tax increment financing is available to the PCDC for purposes of implementing the Redevelopment Plans. Furthermore, the Fiscal Merger will provide PCDC with greater flexibility to implement the Redevelopment Program projects and activities. If adopted, the proposed Fiscal Merger would result in a combined limit for outstanding bonded indebtedness of $250 million for the two Project Areas. 7. Distribution of Property Taxes after Project Completion When a redevelopment project is completed and loans or other indebtedness have been repaid, all property taxes flow back to the respective taxing entities. Taxing entities benefit from increases in property tax revenues resulting from revitalized and redeveloped project areas. In many communities, such increases are substantial. In fact, over time, taxing entities can recoup revenues following project completion sufficient to make up for the property tax revenues that were allocated to tax increment during the redevelopment implementation period. This recovery would occur because the increases in assessed valuation from revitalization of the project areas are greater as a result of redevelopment than the assessed valuation increases that would have occurred without redevelopment. Thus, payments to the affected taxing entities from a redevelopment project area can exceed the property taxes that the taxing entities would reasonably expect to receive from a slow -growing assessed valuation roll without redevelopment. Petaluma Community Development Commission IV-13 Report to Council Petaluma Plan Amendments and Fiscal Merger June 2006 F. Assumptions Used in Tax Increment Projections The tax increment projections in this report are intended only as estimates based on the best available information as of the date of this report. Actual tax increments may be higher or lower than the projections. Refer to the tables in Appendix D for detailed analysis of potential tax increment revenues for the Redevelopment Project. 1. Base Year Assessed Value The base year for the PCD is FY 1987/88, and the base year assessed value is $331.5 million. The base year for CBD 1976 Original Area is FY 1976/77, and the base year assessed value is $18.8 million. The base year for the CBD 2001 Added Area is FY 2000/01, and the base year assessed value is $48.7 million. Present Value Assumptions The analysis below provides estimates of tax increment revenues in both future value (nominal) dollars and present value (constant) dollars. The purchasing power of nominal dollars declines because of inflation and/or the cost of borrowing. Therefore, it is important to convert the annual amounts to the equivalent value in constant 2006 dollars before making a direct comparison between potential revenues and projected costs. The present value in constant 2006 dollars is calculated by discounting future tax increment revenues by an annual rate of 5.5 percent. This discount rate represents the average cost of borrowing for the City and PCDC. It accounts for the cost of inflation, as well as the cost of borrowing money (e.g., issuing tax allocation bonds), to approximate the present value of future dollars. Most tax increment will be pledged to the issuance of bonds, and a portion of tax increment will likely be used on a pay-as-you-go basis. 3. Growth Assumptions Tax increment revenues are generated from the growth in assessed value above the base year assessed value (incremental assessed value). Tax increment revenues are projected by applying the effective property tax rate, assumed at one percent, to the incremental assessed value. Growth in assessed property values in the Project Areas is based upon the factors below: Annual Inflation Rate The annual inflation rate is assumed at two percent per year for properties that remain in the same ownership. Two percent is the maximum annual increase that is allowed by the California State Constitution as a result of Proposition 13 in the absence of certain events that can trigger a reassessment, such as a sale or construction of new improvement. This two percent inflation factor is applied to the total assessed value. Reassessment Adjustment An annual reassessment adjustment represents the increases in assessed value following property reassessment, which is triggered by: (1) the transfer (sale) of real property, (2) upgrading of real property improvements due to rehabilitation or additions to existing buildings, or (3) the reassessments of new development to market value once construction is completed. The reassessment adjustment for secured property is assumed to be 0.5 percent per year in the Project Areas. Petaluma Community Development Commission IV-14 Report to Council Petaluma Plan Amendments and Fiscal Merger June 2006 New Development Projections for new development in the Project Areas are based on estimates of growth that will occur due to new construction and redevelopment of properties in the area. These estimates are based on information provided by PCDC and City staff regarding potential development in both Project Areas, based on a review of pending building permits as well as development proposals. The estimated growth is attributable to both new development on vacant land plus redevelopment of existing residential and commercial properties (including both buildings that are substantially rehabilitated and demolished and rebuild). For new development in the PCD, tax increment projections in this report assume an annual percentage increase above the inflation rate and reassessment adjustment. For the CBD, new development is assumed to add a constant incremental assessed value above the inflation rate and reassessment adjustment. New development growth is assumed at 2.5 percent of the secured assessed value per year between FY 2007/08 and FY 2024/25 in PCD, which represents about $30 million in assessed value growth attributable to new development in FY 2007/08. In the CBD 1976 Original Area, the value of new development is assumed to add $20 million in constant 2006 dollars to the property tax assessment roll each year between FY 2005/06 and FY 2019/20. In CBD 2001 Added Area, the value of new development is assumed to add S 10 million in constant 2006 dollars to the property tax assessment roll each year between FY 2005/06 and FY 2019/20. 4. Agency Tax Increment Obligations PCDC must use tax increment revenue to fulfill the following obligations: a. County Fee for Property Tax Administration Sonoma County retains fees for the administration of tax increment revenues. Based on the fees assessed in FY 2003/04 and FY 2004/05, the projections in this Preliminary Report estimate the County administration fee at 1.7 percent of the basic one percent incremental tax revenues for the PCD, the CBD 1976 Original Area and the CBD 2001 Added Area. b. Inflation Allocation Payments The PCD was adopted within the January 1, 1985 and July 30, 1993 time frame authorizing inflation allocation payments. Thus, taxing entities in this Project Area were eligible to elect to receive the two percent inflation allocation instead of negotiating a contractual agreement. According to PCDC and Sonoma County records, the County, Cinnabar, Old Adobe Union, Petaluma Elementary, Petaluma Elementary Unified Failure, Waugh, Petaluma High, Sonoma County Junior College, School Services Administration and Schools Equalization Aid elected to receive the allocation or an amount equivalent to this allocation. C. Contractual Pass Through Payments As discussed in Section E.5 above, the PCD and the CBD 1976 Original Area were adopted prior to the introduction of statutory pass through payments in 1994. PCDC negotiated contractual pass through agreements with some of the affected taxing entities in the PCD. PCDC and taxing entities did not negotiate contractual agreements for the CBD. (Refer to Table IV-3 for a listing of entities with contractual pass through agreements.) Under the Plan Amendments and Fiscal Merger, taxing entities with existing contractual pass through agreements will continue to receive their contractual agreement payments. Petaluma Community Development Commission IV-15 Report to Council Petaluma Plan Amendments and Fiscal Merger June 2006 d. Statutory Pass through Payments All of the affected taxing entities currently receive statutory payments from the CBD Original and Added Areas. Statutory pass -through payments were triggered in the Original CBD by the 2001 Amendment to extend the time limit on debt incurrence. All affected taxing entities without contractual agreements will begin to receive statutory pass through payments from the PCD during FY 2009/10 ° In the PCD, statutory pass through payments would begin for taxing entities without contractual agreements in the fiscal year following the fiscal year when the time limit for incurring debt would have been reached. Table IV-3 presents PCDC's statutory pass through payment obligation under the Plan Amendments and Fiscal Merger. Section F.5 presents a detailed explanation of the statutory pass through payment calculations. e. Housing Set -Aside for Affordable Housing Program Section 33334.2 of the CRL requires that 20 percent of the gross tax increment revenues generated be used for increasing and/or improving the community's supply of low and moderate income housing. In other words, twenty cents out of each tax increment dollar generated during the life of the Amended Redevelopment Plans must be channeled into the Housing Set -Aside Fund to finance PCDC's affordable housing program. Administrative costs related to the implementation of the Affordable Housing Program are typically paid out of the Housing Set -Aside Fund. f. Agency Administration The FY 2005/06 Non -housing PCDC administrative costs are estimated to be $533,129 for the PCD and $59,830 for the CBD by PCDC, and the projections in this Preliminary Report estimate the Non -Housing Agency administrative costs to increase at annual growth rate of three percent for each Project Area. As noted above, the administrative cost related to the implementation of PCDC's Affordable Housing Program is paid out of PCDC's Housing Set -Aside Fund. g. Educational Revenue Augmentation Fund (ERAF Obligation) Faced with a budget gap for FY 2003/04, the State enacted legislation, SB 1045, (Chapter 260, Statutes of 2003) requiring all redevelopment agencies receiving tax increment in FY 2001/02 to contribute to the Educational Revenue Augmentation Fund (ERAF) in FY 2003/04. SB 1045 provides that one-half of an Agency's ERAF obligation for all project areas collectively is calculated based on the FY 2001/02 gross tax increment received by PCDC and other half of its ERAF obligation is calculated based on the FY 2001/02 net tax increment revenues after any pass through payments to other taxing entities. The Governor and Legislature enacted SB 1096 (Chapter 211, Statutes of 2004) in an effort to balance the FY 2004/05 and FY 2005/06 state budgets. Further legislation, AB 2115 (Chapter 610, Statutes of 2004), clarifies that the ERAF payments made in both years will be calculated based on the most recent published edition of the State Controller's Annual Report. Thus, the FY 2004/05 payments were based on FY 2002/03 data and the FY 2005/06 payments will be based on FY 2003/04 data. According to the State Controller's Office, the PCDC's FY 2004/05 ERAF obligation was $903,967 and FY 2005/06 ERAF obligation was 5904,053. PCDC has the authority to allocate PCDC's ERAF obligation among its individual project areas at its sole discretion. 4 Refer to Section F.5 for a more detailed description of statutory pass through payments. Petaluma Community Development Commission IV-16 Report to Council Petaluma Plan Amendments and Fiscal Merger June 2006 Q Q o o¢ o 0 0¢ o 0 0 Q Q o¢ o 0 0 0 0 0 0¢ � � in � in rn in in in in (n � in in v� vi in Q W A m U — � s C EO e v eJ N v v V m N N v c> CJ zzzzzzzzzz>'>,>- r� z� zz S¢ Q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p.i o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r r r r r r >1>1 r r> r a o w w w w w w w w u4 w w w w w w w w w C➢ C➢ o'p bp 6p NCO bp � bq 6p GO b9 G1 bq H1 bq bD �1 60 o o? y O U U Z' Z' P-i 0 0 0 0 O O 0 0 0 0 0 0 0 0 0 _O _O _O V U) w w O C � F O o c U O E Ll v= o 014 0 0 .Op O a .a C¢ v] {:. O U U O x Q•^O. .`01 E m N E E .OG c Q d xt Q E o a o 0 E 9 c d 0 0 E O d U E 0 n 0 > c A E d� E E n O U a e n E E G cl N N as 5. Calculation of Pass Through Payments a. Pass Through Payment Status not Impacted by the Plan Amendments and Fiscal Merger As described earlier, the Plan Amendments and Fiscal Merger will not change the pass through obligations in the CBD, because statutory pass through payment obligations already exist for all taxing entities levying property taxes in the CBD. PCDC has been making annual contractual pass through payments based on the formulas as indicated in the agreements and will continue to pay them accordingly after the adoption of the Plan Amendments and Fiscal Merger. PCDC has contractual pass through payment obligations in the PCD. b. Statutory Pass Through Payments Triggered by the Plan Amendments and Fiscal Merger In the PCD, taxing entities currently receive either (1) pass through payments that were negotiated when the Redevelopment Plan was originally adopted or (2) no payment because a pass through was not negotiated or no two percent inflation allocation was elected. Under the CRL, if the Plan Amendments and Fiscal Merger are adopted, any taxing entities that did not negotiate a contractual pass through agreement at the time of original Redevelopment Plan adoption would be eligible to receive statutory pass through payments if the original debt incurrence limits are repealed. Entities with contractual pass through agreements continue to receive contractual payments. The Plan Amendments will repeal the debt incurrence limits in the PCD and Original CBD. The statutory pass through payments would begin in the fiscal year after the debt incurrence limit would have been reached. The payment would be calculated on the assessed value of the Project Area in the fiscal year of the original debt incurrence limit. The deadline for incurring debt in the PCD is July 18, 2008. Thus, statutory pass through payments would begin in FY 2009/10 for all taxing entities levying property taxes without contractual pass through agreements in the PCD. The deadline for incurring debt in the Original CBD is September 27, 2011. Statutory pass through payments have already begun in the CBD for all taxing entities who levy property taxes in the CBD. Refer to Table 1V-3 on the previous page for a summary of the pass through payments under the Plan Amendments and Fiscal Merger. C. Statutory Pass Through Payments Calculation Starting on January 1, 1994, under AB 1290, when adopting a new project area, adding area to an existing project area, or amending a pre-1994 redevelopment plan to extend or increase a fiscal limit, PCDC must begin to make pass through payments to entities that do not have pre-existing pass through agreements. Such amendments must follow the CRL-mandated procedure described below. Petaluma Community Development Commission IV-18 Report to Council Petaluma Plan Amendments and Fiscal Merger June 2006 The mandated pass through is calculated based on the difference between the assessed value in the particular year for which the pass through is being calculated and the assessed value of the relevant pass through base year. The incremental assessed value is multiplied by the effective property tax rate (assumed at one percent) for each entity, times a mandated set of three tiered pass through rates. Over the life of a redevelopment project, each entity will receive its proportionate share of three tiers of pass through payments: Tier One Twenty percent of the gross tax increment from assessed value growth above the relevant Tier One base year value. In the CBD 2001 Added Area, the Tier One base year is FY 2000/01. In the CBD 1976 Original Area, the Tier One base year is FY 2001/02 s In the PCD, when statutory pass through payments are triggered under the Plan Amendments, the Tier One statutory pass though base year will be FY 2008/09 because that is the year that the debt limit would otherwise have been reached. The City may elect to receive the Tier One pass through, however, it cannot participate in the Tier Two and Tier Three pass through payments. This report assumes that the City will elect to receive its Tier One pass through, although the City has the option to forego it. Tier Two The Tier Two pass through is equal to 16.8 percent of the gross tax increment generated from assessed value growth above the second tier statutory pass through assessed value base. In the CBD, the Tier Two base year is FY 2011/12,6 and pass through payments will begin in FY 2012/13. In the PCD, Tier Two pass through payments would begin in the eleventh year after the original indebtedness limit would have been passed, or FY 2019/20. This Tier Two pass through is added to the Tier One payment and continues through the remaining life of the Redevelopment Plan(s). Tier Three The Tier Three pass through payment is equal to 11.2 percent of the gross tax increment generated from assessed value growth above the Tier Three assessed value base. Tier Three pass through payments would not likely occur in the PCD and Original CBD as the Redevelopment Plans are projected to end before the third tier pass throughs would begin. The CBD Added Area Tier Three base year would be FY 2031/32. This Tier Three pass through is added to the Tier One and Tier Two payments and continues through the remaining life of the Redevelopment Plan. s FY 2001102 is the Tier One base year for the CBD Original Area as statutory pass -through payments were triggered by the 2001 Amendment to extend the time limit on debt incurrence. 6 The Tier Two base year is the 10°i year in which an agency receives tax increment revenue, typically 10 years after the Tier One base year. In the CBD 2001 Added Area, the Agency did not actually receive tax increment until FY 2002/03 and therefore the Tier Two base year is FY 2011/12. Petaluma Community Development Commission Iv-19 Report to Council Petaluma Plan Amendments and Fiscal Merger June 2006 G. Tax Increment Projections Incremental Tax Revenues Table IV-4 summarizes the projected County property tax administration fee, State ERAF payments and tax increment revenues available for pass through payments and the Redevelopment Program in nominal (future) and constant FY 2005/06 (present value) dollars. Figure IV-1 illustrates the generation of future tax revenues over the life of the Redevelopment Plans. The tables in Appendix D provide detailed tax increment projections for the Project Areas! 2. Cumulative Tax Increment Collection The PCD's fiscal limit for tax increment collection is $800 million. It is projected to reach the limit, and will thus generate approximately $719.8 million in additional incremental tax revenues in nominal dollars over the remaining time period for collecting tax increments The CBD is projected to generate approximately $231.0 million in incremental tax revenues in nominal dollars over the remaining time periods for collecting tax increment. (Refer to Appendix D for the tax increment projections for both the PCD and CBD.) H. Financial Feasibility of the Redevelopment Program This section demonstrates why tax increment revenues made possible through the Plan Amendments and Fiscal Merger will be a necessary part of the overall financing program to eliminate blighting conditions in the Project Areas and why, with such tax increment revenue, PCDC has a feasible plan for financing the Redevelopment Program to eliminate such blight. Together with other public and private revenue sources, tax increment revenues will be a critical funding component in helping the City and PCDC to meet the costs required to implement the Redevelopment Program. To evaluate the feasibility of the Redevelopment Program, the following analysis compares its estimated costs and projected tax increment related funding sources. As previously shown in Table IV-1, the net cost to PCDC to complete the Redevelopment Program (excluding PCDC's administrative costs) is estimated to be $243.2 million in constant 2006 dollars. Over the life of the Plans, PCDC is projected to receive about $256.4 million (in constant 2006 dollars) in tax increment revenue for PCDC's Redevelopment Program, and PCDC's administrative costs for non -housing activities are projected to be approximately $13 2 million in constant 2006 dollars. PCDC is expected to have sufficient funds to support its Redevelopment Program, but no surplus is budgeted, as shown in Table IV-5. Although the estimated project costs and projected revenues will vary over time from those presented in this chapter, it is reasonable to conclude that the Redevelopment Program will be financially feasible over the remaining life of the Redevelopment Plans. PCDC will continue to adopt an annual budget and adopt an Implementation Plan every five years to develop a balanced financial approach to funding the specific action items in the Redevelopment Program. PCDC will assure through its annual budget process that the Redevelopment Projects are financially feasible throughout the remaining life of each. a The projections for FY 2005/06 have been updated from the Preliminary Report as a result of information provided by the Sonoma County Auditor -Controller's Office in May 2006. A Estimate does not include PCDC's FY 2005/06 Slate ERAF obligation payments and inflation allocation payments throughout the remaining the time period for tax increment collection because they do not count against the tax increment collection cap Petaluma Community Development Commission IV-20 Report to Council Petaluma Plan Amendments and Fiscal Merger June 2006 Table IV-4 Summary of Tax Increment Over the Life of the Project From FY 2005/06 Through End of Project Petaluma Plan Amendments & Fiscal Merger - PCD and CBD (Rounded Nearest $100,000) Nominal Dollars Constant 2006 Dollars' Incremental Property Tax Revenues $998,000,000 $410,900,000 Less: Unilateral 2% Election $46,300,000 $18,900,000 Less: County Property Tax Administration $17.000.000 $7,000,000 Net Taxes Remitted to Agency $934,700,000 $385,100,000 Less: Pass -Through Payments to Taxing Entities $329,100,000 $127,900,000 Less: State ERAF Payments 90$0,000 $900,000 Tax increment for Housing and Non -Housing Projects $604,700,000 $256,400,000 Less: 20% Set -Aside for Affordable Housing $190,300,000 $78.400,000 Tax Increment Available for Non -Housing Projects $414,400,000 $178,000,000 Less: Redevelopment Administration $30200,000 $13,200,000 Net Available for Non -Housing Projects $384,100,000 $164,700,000 a. Equal to net present value of future revenue stream discounted at 5.5% per year, assuming PCDC would issue bonds during the life of the project. Note: Amounts may not precisely match, due to rounding. Source: Seifel Consulting Inc.; Petaluma Community Development Commission. Petaluma Community Development Commission Report to Council Petaluma Plan Amendments and Fiscal Merger IV-21 June 2006 O � 7 O O v v C P4 .O F F o C O C u h E e � •-+ '� Y O t� s. ❑U❑ y z Cos P4 q P" as w � U 7 aC m u q Y, U c, k La o - ci O b0 L y C o CA ,� U a ., a W q C E° 01 E° M N C O a 'j o�EU 'C eCt 7 w Vl L E GO C .E 7 GO > c U W y FO- C O E c F o JCL ti O ti C o o 4r U N O y �o a. a C C 7 o � ti .aq M LL N 7 Table IV-5 Comparison of Estimated Tax Increment Revenues and Agency Funding Requirements (Constant 2006 dollars) Tax Increment Available for Projects' $256.4 million Less: PCDC Non -Housing Program' 5164.7 million Less: Projected Administration Expense for $13.2 million Non -Housing Activities' Less: Agency Affordable Housing Program' 578.4 million None a. Present value of future tax increment revenues projected to be available for implementation of the Redevelopment Program (includes housing, non -housing and non -housing administration costs). See Appendix D for details. b. See Tables III-2 and IV-1. c. Figures do not add or subtract due to rounding. Source: Petaluma Community Development Commission. I. Necessity of Tax Increment Financing and Fiscal Merger This section summarizes the extent of physical and economic bligbting conditions in the PCD and CBD, and explains why private enterprise and governmental action, working alone or together, cannot reasonably be expected to reverse the blighting conditions without redevelopment. 1. Extent of Physical and Economic Blighting Conditions The physical and economic blighting conditions in the PCD and CBD are so prevalent and substantial that they cannot reasonably be expected to be reversed without redevelopment assistance. The documentation of physical and economic blighting conditions in Chapter II, and the photographs contained in Appendix B demonstrate that substantial blight is prevalent. A substantial number of unsafe and/or unhealthy buildings are located within the Project Areas as shown in the photographs in Appendix B. Several factors inhibit the proper use of buildings and lots, such as earthquake hazards and poor soil conditions, limited accessibility to and within certain areas, and flooding. Incompatible uses and substandard lots in multiple ownership are problematic at several locations. Also, inadequate public facilities and infrastructure including sidewalk, curbing and street deficiencies, and water, sewer and storm drainage deficiencies hinder portions of the Project Areas. Several adverse economic conditions cause a reduction or lack of proper use of the Project Areas, including impaired investments such as the presence of potentially hazardous or toxic materials and the high cost of building rehabilitation. Other factors include economic indicators of distressed buildings or lots, including vacant and underutilized lots and buildings, and high vacancy rates. Petaluma Community Development Commission IV-23 Report to Council Petaluma Plan Amendments and Fiscal Merger June 2006 These conditions are a hindrance to the area that cannot be reversed or alleviated without the continued assistance of PCDC through the authority of the CRL. These blighting conditions have caused a reduction of, or lack of, proper utilization in the Project Areas and constitute a serious physical and economic burden on the community, which cannot be reversed or alleviated without the assistance of PCDC through the authority of the CRL. 2. Significant Burden on the Community Chapter II documented that blighting conditions have become a burden on the community and that portions of Project Areas are not being used to the same potential as properties in other parts of the City. The reduction, or lack, of proper utilization constitutes a serious physical and economic burden on the community in at least the following respects: • Deprives residents of Petaluma and surrounding areas of employment opportunities. Prevents adequate supply of affordable and other housing. • Deprives property and business owners of a competitive return on their investments. • Hinders the enhancement of the physical environment. • Prevents proper usefulness and development of land. • Deprives the City, the County, the education districts, and other affected taxing entities of an expanding tax base. • Hinders the development of a stronger economic base for the community. 3. Limitations of Private Enterprise The Redevelopment Program to alleviate blighting conditions is not financially feasible for the private sector acting alone. Without redevelopment, many of the program costs would have to be home solely by the private sector. This chapter and Appendix C presents a discussion of possible sources of private sector funds for redevelopment. By themselves, these sources would not be able to provide the resources necessary to eliminate blighting conditions and revitalize the area. The private sector's ability to alleviate bligbt is limited by the following factors: • The remediation of parcels contaminated with toxic of hazardous waste is costly and a financial disincentive to reinvestment or development. Inadequate public facilities and infrastructure deficiencies hinder private sector development. 4. Inability of Private Enterprise or Government to Alleviate Blight Alleviating blighting conditions is not feasible by governmental action alone because governmental action is limited by the lack of a reliable flow of federal, state, or local financial resources available to fund a comprehensive revitalization program, as discussed earlier. Redevelopment assistance in the form of tax increment revenue is the last -resort gap filler that is essential to fund the alleviation of blighting conditions and an effective revitalization effort for the PCD and CBD. As described earlier and in Appendix C, all other feasible sources of non -tax increment revenue will be applied toward Redevelopment Program costs. However, the costs of the Redevelopment Program to alleviate blighting conditions are significant, and the projects and activities of the Redevelopment Program could not be undertaken without redevelopment assistance. Petaluma Community Development Commission IV-24 Report to Council Petaluma Plan Amendments and Fiscal Merger June 2006 5. Why Tax Increment Financing is Necessary Tax increment financing is a necessary financing tool, which will be used to support the Redevelopment Program costs. As discussed in Chapter III, the costs to alleviate documented blighting conditions substantially exceed available funding from public and private sources. Tax increment financing is the only source available to fill the substantial gap between the costs of the Redevelopment Program and other public and private revenue sources. This chapter demonstrates the general economic feasibility of the Plan Amendments and Fiscal Merger pursuant to Section 33670, as required by the CRL. This chapter and Chapter III demonstrate that the proposed Plan Amendments are necessary to eliminate documented blight in the Project Areas. With the Fiscal Merger, PCDC would be able to pool tax increment funds of separate Project Areas to focus on the needs of a particular area. This would enable PCDC to accelerate implementation of redevelopment activities and, in turn, catalyze development, renovation, and rehabilitation that would generate tax increment revenue at a faster rate than would be expected without the Fiscal Merger and Plan Amendments. In turn with the combination of tax increment revenue, PCDC would also have greater collective bonding capacity than in each Project Area without the Fiscal Merger. Neither the private sector alone, the public sector alone, nor the private and public sectors working together without redevelopment assistance can financially support the costs of the redevelopment efforts in the Project Areas. Because these projects and activities are critical to the revitalization of the PCD and CBD, tax increment financing is needed to assist in funding these projects. Tax increment financing will be the critical funding source that PCDC will use to implement redevelopment in the Project Areas. Without redevelopment assistance, neither the private nor public sectors working independently can financially support the substantial costs of the proposed Redevelopment Program. Because these projects and activities are critical to the revitalization of the Project Areas, tax increment financing will continue to be a critical funding source enabling PCDC to implement the Redevelopment Program. Petaluma Community Development Commission IV-25 Report to Council Petaluma Plan Amendments and Fiscal Merger June 2006 V. Five Year Implementation Plan A. Statutory Requirements This chapter satisfies CRL Section 33352(c), which requires that a redevelopment agency adopting or amending a redevelopment plan prepare and adopt a five year implementation plan for the redevelopment project area(s). Section 33352(c) states: Every redevelopment plan submitted by the agency to the legislative body shall be accompanied by a report containing... the following: (c) An implementation plan that describes specific goals and objectives of the agency, specific projects then proposed by the agency, including a program of actions and expenditures proposed to be made within the first five years of the plan, and a description of how these projects will improve or alleviate the conditions described in Section 33 03 1. The principal goal of the Implementation Plan is to guide an agency in implementing its redevelopment program(s), which will alleviate eliminate blighting influences. In addition, the affordable housing component of the Implementation Plan provides a mechanism for a redevelopment agency to monitor its progress in meeting both the affordable housing requirements and obligations under the CRL and the affordable housing needs of the community. The Implementation Plan is a guide, incorporating the goals, objectives and potential programs of an agency for the five year time period, while providing flexibility so the agency may adjust to changing circumstances and new opportunities. Generally, the Implementation Plan must contain the following information: 1. Specific goals and objectives for the next five years for both the housing and non -housing activities. 2. Specific programs and expenditures for the next five years for both housing and non -housing activities. 3. An explanation of how the goals, objectives, programs and expenditures will assist in the elimination of blight and in meeting affordable housing obligations. 4. Other information related to the provision of affordable housing. The major statutory requirements for affordable housing imposed on redevelopment agencies by the CRL may be categorized generally as: 1. Affordable Housing Production Requirement (Section 33413): Agencies must cause specified minimum percentages of new or substantially rehabilitated housing units in project areas subject to be available to very low, low and moderate -income households at a legally defined affordable housing cost.' ' The CRL defines substantially rehabilitated units as all units substantially rehabilitated with agency assistance. Substantial rehabilitation means rehabilitation, the value of which constitutes at least 25 percent of the after -rehabilitation value of the dwelling, inclusive of land value. (33416(b)(2)(A)(iii)) Petaluma Community Development Commission V-1 Report to Council Petaluma Plan Amendments and Fiscal Merger June 2006 2. Replacement Housine Requirement (Section 33413): Agencies must replace within four years housing units removed from the housing stock as a result of redevelopment activities. 3. Housing Set Aside Fund Requirement (Sections 33334.2, 33334.4 and 33334.6): Agencies are required to deposit specified percentages of tax increment revenue for the provision of affordable housing into the Housing Set Aside Fund. The CRL also imposes various limits on the use of Housing Fund moneys. 4. Housing Program (Section 33490(a)(2)(A)): Agencies are required to prepare a Housing Program with estimates of the number affordable housing units to be assisted during each of the five years, estimates of annual expenditures and a description of how the Housing Program will implement expenditure requirements. The sections of the Housing Component of the Implementation Plan that address Housing Fund expenditure requirements must be reviewed every five years in conjunction with updating the Housing Element or preparing the next five year Implementation Plan. B. Analysis PCDC adopted a Five Year Implementation Plan on April 16, 2001. This Implementation Plan outlines the proposed program of revitalization, economic development and affordable housing activities of PCDC for the required five year Implementation Plan period, FY 2001/02 through FY 2006/07. It includes goals, activities and estimates of expenditures and a description of how they will alleviate blight and meet affordable housing requirements. The Housing Component of the Implementation Plan presents the Affordable Housing Production Plan, which summarizes historical and projected housing production, the affordable housing obligation and PCDC's progress in meeting the obligation. The Housing Component also describes the status of the Housing Fund and estimated annual deposits into the Housing Fund over the five year implementation period. It also includes the Housing Program, with estimates of Housing Fund expenditures and affordable housing units to be assisted by the Housing Fund over each of the five years in the Implementation Plan period. The Redevelopment Agency completed a mid-term review of the Five Year Implementation Plan in April 2004. The purpose of the mid-term review is to provide an evaluation of the current status of the goals, programs, and projects and estimated expenditures set forth in the Implementation Plan in order to assess the progress to date. The Plan Amendments and Fiscal Merger will not alter the implementation of the Redevelopment Plans and do not modify the existing Redevelopment Programs. The current Implementation Plan is still in effect, and will not require revision or modification due to the Plan Amendments and Fiscal Merger discussed in this report. The current Implementation Plan is included as Appendix E of this report. Petaluma Community Development Commission V-2 Report to Council Petaluma Plan Amendments and Fiscal Merger June 2006 VI. Method or Plan for Relocation of Families, Persons or Businesses Who May Be Displaced A. Statutory Requirements Section 33352(f) of the CRL requires that the Report to Council contain: d method or plan for the relocation offantilies and persons to be temporarily or permanently displaced from housing facilities in the project area, which method or plan shall include the provision required by Section 33411.1 that no persons or families of low or nvoderate-income shall be displaced unless and until there is a suitable housing unit available and ready for occupancy by the displaced person or family at rents comparable to those at the time of their displacement. B. Analysis The Plan Amendments and Fiscal Merger will not change or extend the status of PCDC's eminent domain authority. Eminent domain authority for the PCD Project Area has expired and eminent domain authority for the CBD Original and Added Areas expires on June 18, 2013. The Plan Amendments and Fiscal Merger will not modify these limits. In addition, the Plan Amendments do not contemplate any activities that would displace families or persons in the Project Areas. PCDC has established a method and plan for relocation in the event that families and persons were to be displaced in connection with any redevelopment project. The adopted relocation policy complies with CRL Section 33367(d)(7), requiring that a redevelopment agency have a feasible relocation method or plan if the agency's plans for redevelopment are to result in the displacement of any occupants of housing in a project area. Information on the relocation policies relevant to the PCD and CBD Project Areas can be found in the respective redevelopment plans for each Project Area. A comprehensive and detailed plan need not be developed until relocation is imminent. At that time, a more specific analysis would be prepared, pursuant to Title 25, Section 6038 of the California Administrative Code. Specific relocation plans containing a detailed household and housing availability survey would be prepared at the initiation of each particular project. Petaluma Community Development Commission VI-1 Report to Council Petaluma Plan Amendments and Fiscal Merger June 2006 VII. Analysis of the Preliminary Plan A. Statutory Requirements Section 33352(g) of the CRL requires that the Report to Council contain an analysis of the preliminary plan. Section 33322 of the CRL requires that under certain circumstances the local planning commission formulate a preliminary plan for the redevelopment of each project area (or amended project area). The preliminary plan is organized into five elements as required by CRL Section 33324, which provides the following directives for preparation of that plan: 33324. A preliminary plan need not be detailed and is sufficient if it: (a) Describes the boundaries of the project area. (h) Contains a general statement of the land uses, layout ofprincipal streets, population densities and building intensities and standards proposed as the basis for the redevelopment of the project area. (c) Shows how thepurposes poses of this part would be attained by such redevelopment. (d) Shows that the proposed redevelopment is consistent with the connnunity's general plan. (e) Describes, generally, the impact of the project upon the area's residents and upon the surrounding neighborhood. B. Analysis As the Plan Amendments and Fiscal Merger do not add territory to the Project Areas, modify Project Area boundaries, or change the projects and activities contemplated within the Project Areas, a preliminary plan is not required. Petaluma Community Development Commission VII-I Report to Council Petaluma Plan Amendments and Fiscal Merger June 2006 VIII. Planning Commission Report and Recommendations A. Statutory Requirements Sections 33352 (h) and 0) require that the Report to Council include the report and recommendations of the Planning Commission on the conformity of the Redevelopment Plan Amendments with the City's General Plan. Pursuant to Section 33346, the Planning Commission report and recommend on the conformity of the proposed Plan Amendments and Fiscal Merger to the General Plan (Government Code 65402). The following sections of the CRL describe the purpose and requirements for review of a redevelopment plan by the Planning Commission: 33346. Before the redevelopment plan of each project area is submitted to the legislative body, it shall be submitted to the planning commission far its report and recommendation concerning the redevelopment plan and its conformity to the general plan adopted by the planning commission or the legislative body. The planning commission may recommend for or against the approval of the redevelopment plan. 33347. Within 30 days after a redevelopment plan is submitted to it far consideration, the planning commission shall make and file its report and reconnnendation with the agency. If the planning commission does not report upon the redevelopment plan within 30 days after its submission by the agency, the planning commission shall be deemed to have waived its report and recommendations concerning the plan and the agency may thereafter approve the plan without the report and recommendations of the planning commission. B. Analysis The PCDC has referred the Plan Amendments and Fiscal Merger to the Planning Commission for its report and recommendation. The proposed Plan Amendments and Fiscal Merger are tentatively scheduled to be reviewed on June 27, 2006, by the Planning Commission for their conformance with the General Plan pursuant to CRL Section 65402. The report and recommendations of the Planning Commission, and the staff report on which the Planning Commission's actions are based, will be provided to the City Council in a supplement to this report. Petaluma Community Development Commission VIII-1 Report to Council Petaluma Plan Amendments and Fiscal Merger June 2006 IX. Summary of Public Review of the � 1_ _:_ 11_ ' 1 1. 11 This chapter addresses the obligations and actions taken by the City Council pertaining to the public review of the proposed Plan Amendments and Fiscal Merger. A. Statutory Requirements Section 33352(i) of the CRL states that: Every redevelopment plait submitted by the agency to the legislative body shall be accompanied by a report containing... the following: (i) The summary referred to in Section 33387. Section 33387 of the CRL refers to the agency's consultations with a project area committee: Minutes of all the meetings of the redevelopment agency with the project area committee, which meetings shall be open and public, together with a record of all information presented to the project area committee by the redevelopment agency or by the project area connnittee for the redevelopment agency for the propose of carrying out the provisions of this article shall be maintained by the redevelopment agency. Such mimdes and record shall be open to public inspection and a suntmaiy ofsuch record shall be included in the report to the legislative body, submitted by the agency pursuant to Section 33352. Section 33385(a) states that the legislative body of a city or county shall call upon the residents and existing community organizations in a redevelopment project area to form a project area committee in either of the following situations: 1) A substantial number of low-income persons or moderate -income persons, or both, reside within the project area, and the redevelopment plat as adopted will contain authority for the agency to acquire, by eminent domain, property on which any persons reside 2) The redevelopment plan as adopted contains one or more public projects that will displace a substantial number of low-income persons or moderate -intone persons, or both. Section 33386 requires the following: The redevelopment agency through its staff; consultants, and agency members shall, upon the direction of and approval of the legislative body consult with, and obtain the advice of, the project area committee concerning these policy matters which deal with the planning and provision of residential facilities or replacement housing -for those to be displaced by project activities. The agency shall also consult with the committee on other policy matters that affect the residents of the project area. The provisions of this section shall apply throughout the period of preparation of the redevelopment plan and for a three year period after the adoption of the redevelopment plan, subject to one year extensions by the legislative body. Petaluma Community Development Commission IX-1 Report to Council Petaluma Plan Amendments and Fiscal Merger June 2006 B. Analysis The PCDC was not required to establish a project area committee for the Plan Amendments and Fiscal Merger because the Amendments do not modify the PCDC's eminent domain authority in either Project Area, do not extend eminent domain authority over any residential areas in the Project Areas, and do not contemplate any projects that would displace a substantial number of low or moderate -income persons. However, the City Council and PCDC are sensitive to the concerns of residents, property owners and business owners in the Project Areas. Accordingly, the PCDC will conduct a community meeting to inform the public regarding the proposed actions and to gather community input. City and PCDC staff will conduct a Community Workshop on the proposed Plan Amendments and Fiscal Merger on June 29, 2006. The Community Workshop notices will be advertised in a newspaper of general circulation and mailed, along with the public hearing notice, to property owners, residents and businesses in the Project Areas as required by the CRL. On June 5, 2006, the PCDC requested a joint public hearing regarding the Proposed Plan Amendments and Fiscal Merger. On June 5, 2006, the City Council consented to the holding of the joint public hearing and to authorize the publication and mailing of the legal notice of the joint public hearing. The joint public hearing is anticipated to be held on July 17, 2006. As prescribed by law, the notice of the hearing will be advertised in a newspaper of general circulation for four successive weeks prior to the public hearing. Additionally, all property owners, residents and other occupants, as well as the affected taxing entities will be sent first class mail notification of the bearing. PCDC will respond to any written objections from property owners and taxing agencies in writing and such written response will become a part of the record of the adoption of the Plan Amendments and Fiscal Merger. Public review related documents will be provided in a supplement to this report. Petaluma Community Development Commission IX-2 Report to Council Petaluma Plan Amendments and Fiscal Merger June 2006 X. Environmental Review This chapter addresses PCDC's environmental review obligations. A. Statutory Requirements Section 33352(k) of the CRL requires that the Report to Council include the report required by Section 21151 of the Public Resources Code. B. Analysis The proposed Plan Amendments are within the scope of other previous environmental reviews, including the reviews for the Petaluma General Plan Environmental Impact Report (EIR), the program level EIR for the Central Petaluma Specific Plan, the PCD and CBD Redevelopment Plan EM'S and the CBD Redevelopment Plan Amendment FIR. No new effects will occur in the Project Areas and no new mitigation measures will be required because the Plan Amendments and Fiscal Merger will not alter the implementation of the Redevelopment Plans, do not propose any land use changes to those already analyzed in the current General Plan and do not modify the existing Redevelopment Programs. The City has reviewed the proposed Plan Amendments and determined that: • No new effects or substantial change in circumstances will occur in the Project Areas that would require revisions to the previously certified General Plan and Central Petaluma Specific Plan. • No substantial change in circumstances has occurred that would require changes in the EIRs. • No new information of substantial importance to the project is available that was not otherwise known at the time the prior EIRs were certified.' In accordance with CEQA Guidelines Section 15168(c)(2), no further environmental review is required in order to adopt the proposed Plan Amendments. Furthermore, the proposed Plan Amendments and Fiscal Merger do not result in any changes in land use, provide for any development or other act as the final step necessary for development to proceed in the merged areas. The proposed Fiscal Merger is a financing mechanism to be employed by PCDC to consolidate revenue within the existing Project Areas, and does not lead to development of any specific projects. No new mitigation measures will be required since the Plan Amendments and Fiscal Merger will not alter the implementation of the Redevelopment Plans and do not modify the Redevelopment Program. The proposed Fiscal Merger is exempt from further environmental review pursuant to the general rule in CEQA Guidelines Section 15061(3), which indicates an activity is not subject to CEQA when it can be seen with certainty that there is no possibility the proposed activity may have a significant effect on the environment. Therefore, additional environmental review is not required. While the proposed Plan Amendments and Fiscal Merger are considered exempt from CEQA, all specific projects proposed for development pursuant to the Redevelopment Plans require environmental review in accordance with CEQA, and those that may have potentially significant environmental impacts require a project level EIR. ' Pursuant to CEOA Guidelines Section 15162 et. Petaluma Community Development Commission X-1 Report to Council Petaluma Plan Amendments and Fiscal Merger June 2006 The City intends to file and post a Notice of Exemption following the adoption of the Plan Amendments and Fiscal Merger because they are within the scope of the previously approved Redevelopment Plans and Plan Amendments, the existing EIRs adequately describe the Redevelopment Plan activities for the purposes of CEQA, and there is no possibility the proposed activity may have a significant effect on the environment. Petaluma Community Development Commission X-2 Report to Council Petaluma Plan Amendments and Fiscal Merger June 2006 XI. Report of County Fiscal Officer A. Statutory Requirements Section 33352(1) of the CRL requires under certain circumstances that a Report to Council contain the County Fiscal Officer's Report, and Section 33352(n) requires inclusion of the analysis of the County Fiscal Officer's Report. Section 33352(n) of the CRL requires: An analysis by the agency of the report submitted by the county as required by Section 33328, which shall include a sunnnaty of the consultation of the agency, or attempts to consult by the agency, with each of the affected taxing entities as required by Section 33328. If any of the affected taxing entities have erpressed written objections or concerns with the proposed project area as part of these consultations, the agency shall include a response to these concerns, additional infownation, if any, and, at the discretion of the agency, proposed or adopted mitigation measures. B. Analysis The Plan Amendments and Fiscal Merger will not change the limit on tax increment collection in each Project Area. Because the Amendment does not add new territory to the Project Areas, the County Fiscal Officer's Report is not required. Chapter XII provides a summary of the consultations with affected taxing entities. Petaluma Community Development Commission XI-1 Report to Council Petaluma Plan Amendments and Fiscal Merger June 2006 XII. Summary of Consultations with Taxing Entities Section 33328 of the CRL requires that prior to a public hearing on the proposed Redevelopment Plan Amendments and Fiscal Merger, the PCDC must consult with each taxing entity that levies taxes on property in the Project Areas regarding the Plan Amendments and Fiscal Merger and the allocation of tax increment revenues. Pursuant to CRL Section 33352(n), records of such consultation or attempts to consult should be maintained and included in the report to the legislative body. If any of the affected taxing entities express written objections or concerns about the proposed Plan Amendments and Fiscal Merger as part of these consultations, the PCDC must include a response to these concerns. A. Statutory Requirements Section 33328 of the CRL requires that: Prior to the publication of notice of the legislative body's public hearing on the plan, the agency shall consult with each taxing agency which levies taxes, or for which taxes are levied, on property in the project area with respect to the plan and to the allocation of taxes pursuant to Section 33670. Section 33352(n) of the CRL requires: An analysis by the agency of the report submitted by the county as required by Section 33328, which shall include a sumnnary of the consultation of the agency, or attempts to consult by the agency, with each of the affected taxing entities as required by Section 33328. If any of the affected taxing entities have expressed written objections or concerns with the proposed project area as part of these consultations, the agency shall include a response to these concerns, additional infortnation, if any, and, at the discretion of the agency, proposed or adopted mitigation measures. B. Agency Contacts with Affected Taxing Entities According to the Sonoma County Auditor's Office, the following taxing entities receive taxes from property within the PCD and/or CBD Project Areas and may be affected by the proposed Plan Amendments and Fiscal Merger: County • County of Sonoma Sonoma County Office of Education Sonoma County Library County Fire Service Special Districts • Bay Area Air Quality Management District • Marin-Sonoma Mosquito Abatement District Cinnabar Lighting District (through Sonoma County Public Works) Petaluma Community Development Commission X11-1 Report to Council Petaluma Plan Amendments and Fiscal Merger June 2006 • Sonoma County Water Agency Spring Lake Regional Park (owned by Sonoma County Water Agency, operated by County of Sonoma Regional Parks District) Rancho Adobe Fire Protection District Southern Sonoma County Resource Conservation District School Districts • Petaluma City Elementary School District • Petaluma City Joint High School District • Sonoma County Joint Junior College • Old Adobe Union • Cinnabar Elementary School District Waugh School District School Equalization Aid (through Sonoma County Office of Education) Citv • City of Petaluma Each of these taxing entities has been (or will be) sent a copy of the following: 1. Preliminary Report on the Plan Amendments and Fiscal Merger 2. Draft Plan Amendments 3. Notice of the Joint Public Hearing on the Plan Amendments and Fiscal Merger 4. Report to Council on the Plan Amendments and Fiscal Merger On April 18, 2006, the PCDC distributed the Preliminary Report on the Plan Amendments and Fiscal Merger to the affected taxing entities. In addition to the above written consultation, the PCDC consulted or attempted to consult with all of the affected taxing entities in person. Steven Carmichael, Petaluma Administrative Services Director, contacted the affected taxing entities via telephone beginning on May 8, 2006, and received calls from taxing entities through June 5, 2006. The PCDC sent a letter to all affected taxing entities on May 30, 2006 to announce consultation meetings with affected taxing entities on June 7, 2006. The PCDC and its consultants held two consultations with affected taxing entities on Wednesday, June 7, 2006, one at 1:00 PM and one at 3:00 PM in the Petaluma City Council Chambers, where comments and questions could be recorded and transcribed. No representatives of the affected taxing entities attended either meeting. To date, the PCDC has received one letter from affected taxing entities. Please refer to the next section for a description of this correspondence. The PCDC sent letters dated June 14, 2006, to affected taxing entities providing notice of the joint public hearing on the Plan Amendments and Fiscal Merger. Petaluma Community Development Commission XII-2 Report to Council Petaluma Plan Amendments and Fiscal Merger June 2006 C. Responses to Written Objections or Concerns of the Affected Taxing Entities The PCDC received a letter on June 6, 2006, from the Southern Sonoma County Resource Conservation District, expressing the District's concern regarding the impact of the Plan Amendment and Fiscal Merger on the slaughter house located at 1522 Petaluma Boulevard North. The PCDC will respond to this comment before the Report to Council is considered, as required by the CRL. Appendix F contains all correspondence received to date from the affected taxing entities. Any additional correspondence that the PCDC sends or receives will be included in a supplement to this report. Petaluma Community Development Commission XII-3 Report to Council Petaluma Plan Amendments and Fiscal Merger June 2006 XIII. Neighborhood Impact Report Section 33352(m) of the CRL states that the Report to Council must contain a neighborhood impact report if the project area contains low or moderate -income housing units. CRL Section 33457.1 deems this necessary to the extent warranted by a proposed plan amendment. A. Statutory Requirements Section 33352(m) of the CRL requires that: If the project area contains low or moderate -income housing, a neighborhood impact report which describes in detail the impact of the project upon the residents of the project area and the surrounding areas, in tenns of relocation, traffic circulation, environmental quality, availability of community facilities and services, effect ofschool population and quality of education, property assessments and taxed, and other matters affecting the physical and social quality of the neighborhood. The neighborhood impact report shall also include all of the following: (1) The number of dwelling units housing persons and families of low or moderate -income expected to be destroyed at- removed fi-om the low and moderate -income housing market as part of a redevelopment project. (2) The number ofpersons and families of low or moderate -income expected to be displaced by the project. (3) The general location of housing to be rehabilitated, developed or constructed pursuant to Section 33413. (4) The number of dwelling units housing persons and families of low at- moderate -income planned for construction or rehabilitation, other- than replacement housing. (5) The projected means offinancing the proposed dwelling units for housing persons and, families of low and moderate -income planned for construction or rehabilitation. (6) A projected timetable for meeting the plan's relocation, rehabilitation, and replacement housing objectives. Under Section 33457.1 of the CRL: To the extent warranted by a proposed amendment to a redevelopment plan ... the reports and information required by Section 33352 shall be prepared and made available to the public prior to the hearing on such amendment. Petaluma Community Development Commission X111-1 Report to Council Petaluma Plan Amendments and Fiscal Merger June 2006 B. Analysis The Plan Amendments and Fiscal Merger will not add territory or modify the boundaries of the Project Areas, and will not alter the implementation of the Redevelopment Plans or modify the existing Redevelopment Program. Further, under the proposed Plan Amendments and Fiscal Merger, PCDC will not extend eminent domain authority over any residential areas in the Project Areas and no public projects are planned that would displace a substantial number of low income persons or moderate -income persons. Therefore, a neighborhood impact report is not required or warranted by the Plan Amendments and Fiscal Merger. Petaluma Community Development Commission XIII-2 Report to Council Petaluma Plan Amendments and Fiscal Merger June 2006