Loading...
HomeMy WebLinkAboutPCDC Resolution 88-10 09/19/1988 f, RESOLUTION NO. 88-10 RESOLUTION OF THE PETALUMA COMMUNITY DEVELOPMENT COMMISSION APPROVING AS TO FORM AND AGREEING TO ENTER INTO A FISCAL IMPACT AGREEMENT BETWEEN THE COMMISSION AND AFFECTED SCHOOL DISTRICTS ~iti'ITHIN THE PETALUMA COMMUNITY DEVELOPMENT PROJECT WHEREAS, the Petaluma Community Development Commission and the City of Petaluma have adopted the Redevelopment Plan for the Petaluma Community Development Project (the "Redevelopment Plan") pursuant to Ordinance No. 1725 of the City, which became effective on August 18, 1988, the redevelopment project area of which encompasses a portion of the boundaries of the Districts; and WHEREAS, the Redevelopment Plan, as .adopted, does not anticipate that a substantial number of new single-family or multi-family residential dwelling units will be constructed or developed with or without Commission assistance in the Project Area, nor does it anticipate that significant community educational service demands will be imposed upon the District by virtue of adoption of the Redevelopment Plan; and WHEREAS, the Commission and the District deem it desirable at this time to enter into an Agreement to provide for specified items and other matters of consideration so as to alleviate potential adverse fiscal impacts that may result to the District by virtue of the adoption of said Redevelopment Plan for the Project Area but only in the event that residential dwelling units of significant numbers and impact are constructed within the Project Area or new community educational service demands are imposed upon the District. NOW THEREFORE BE IT RESOLVED that the Petaluma Community Development Commission approved the content and form of an agreement (the body of which is attached as Exhibit "A" and incorporated herein by reference) ; and agrees to enter into the agreement with the School Districts whose boundaries are encompassed in part or entirely by the boundary of the Petaluma Community Development Project. ~IL PCDC 88-10 -1- BE IT FURTHER RESOLVED that at such time as a determination is made that the District has suffered or will suffer a financial burden or detriment because of the implementation of the Redevelopment Plan, the Commission and the District shall enter into an agreement to mitigate such financial burden or detriment; and further, the Commission shall make the necessary findings and determinations regarding such financial burden or detriment pursuant to Health and Safety Code Section 33401. PASSED AND ADOPTED at a regular meeting of the Petaluma Community Development Commission held on September 19 1988, by the following vote Commissioner AYE NO ABSENT ABSTAIN Woolsey x Sobel x Tenter x Cavanagh x Balshaw x Vice Chair Davis x Chairman Hilligoss x ~ivll a~r~ci~ ~ii~lr~o~s~ ~1J~aalYr~a~ Michael Davis, Vice Chairman ATTEST : P.E. Bernard, Recording Secretary reso.schools.pcd/pd24 PCDC 88-10 -2- ~ PETO0002-43/0265~P/dc 09/1'3/88 0.230 .AGREEMENT BY AND AMONG THE D I'STR LCT AND THE' PETALUMA.COMMUNITY'DEVELOEMENT COMMISSION THIS .AGREEMENT is enfered into this day of September, 1988, by and among the _ DISTRZCT (herena.f er refer-xed to as the "District") a'nd "the PETALUMA CQMMiJNITY DEVELOPMENT COMMISSIQN, a public body, corporate and politic, established and authorized to transact bus;ine`ss and exercise it powers under and pursuant to the Community Red'eve-lopment Law of t_he State of Califo~rn;:a (hereina'f`ter referred to as the "~Gommi sion"). F ~h v ~ "F J'n~ WHEREAS, ~t,he°'. ~Commi;sson~ ~~-and the City of Petaluma (the "City") have adopted ~tYe ~~Redevelopment Plan for the Petaluma Community Deve;lopmen~t..P,ro3ect "(kt~he "Redevelopment Plan") pursuant t.o Ordinance No. 1725 of 'the~.~C~ty which became effective on August. T8, 19'88, the redevelopment project area ('the "Project Area".) of which encompasses a po;r-t.ion of the boundaries of the District; and WHEREAS, the Redevelopment Plan, as .adopted, does not ariticip~at:e that a substantial number o'f new' single family or multifamily resrident~;al dwelling units -will be constructed or - 1 - ; d'eve~loped wiah, o'r without Commiss;q;n assis't'ance in the Project Area:;. nor does it anticipate that signi,fcan't. community educational service demands will be imposed upon the District by virtue of adoptiono'f the- Redevelopment Plan; and. WHEREAS, the Commission and the District 'd'eem it des.;r~able at this time to enter in o this Agreement to provide for the hereinafter specified 'items and other matters . of consideration so 'a°s to alleviate potential `a'dve'rse fisca impacts; that may result to the District by virtue of 'the adoption of said Redevelopmen Plan. for the' Project Area but only in the event that residential dwelling units of significant numbers and impac a.re constructed within tfie P oject .Area or. new community educational service demands are imposed upon. the District; and WHEREAS, the District desires to forego its legal right to challenge or seek invalidation of said Redevelopment Plan or of any proceedings relative thereto in consideration of the hereinafter s'et forth conditions, covenants and agreements. NOW, THEREFORE, the: parties hereto agree for themselves and fo;r t'h'e°;r successors in interest; as follows: Section 1. The District shall not object to the pro'po ed. method of tax increment financing for the infrastructux-e items:,. other public' improvements and the providing of redeye opment assistance necessary to facilitate the, redevelopment of the Project - 2 - Area and the acquisition and con~struc'tion of the other public' improvement structures and. fac'lit<ies more fully de .cr~ibed in the Redevelopment Plan as adopted by the Commiss;o'n and th`e' City and in Consideration for entry i°nto this Agreement with the parties hereto, the Distr~c;t will not bring or seek to bring any action and will not join in any actioYr in a ro a adverse to the Commission and the City which seeks to invalidate the Redevelopment ..Plan or of any proceedings relative `ther'eto as otherwise permi~t`ted under Health and Safety Code Section 33501. . Section 2'. Upon incurring ndebtednes by t?he Commission thereby requiring the use by` t'<he Commission of cert;a~n tax increment revenues generated by the property within the Proje'c.t Area pursuant to Health and Safety Code Section 336T0(b) to the extent required by the Redevelopment Plan,. and as pr'o.vided in this Agreeme;n;t, a'nd' all documents relat°ing and ancillary thereto, the D:iStri~ct agrees to forego the sigh to receive ha't portion -of the taxes generated by the. property within the .Project Area which the District wouT`d otherwise h'a a received if the Redevelopment Plan. had nova been adopted, to the extent and in accordance with the p,roysons set forth in the herei'na~bbve identified document and t-his Agreement, except for the allocated add;i.tional taxes elected by' the ~Dis °rict pu,rsu~an;t 'to Health and" Safety Code Sect"ion 33;676. It is the intent of the parties hereto that the Commission shall only be. entt ed to receive tax increment' 'rev'enues during the period specified iri the Redevel,o:pmen:t Plan to the extent the Commission has debt ou~tsta'nding in accordance with Health and Safety Code - 3 - Section 3'3675. The total au"aho;riz.e'd princ.ipaI amount of said debt and the purpoaes four which said debt may be incurred is set fort h:'in. the Redeye opment Plan. Section '3. The District agrees that the allocation and distribution of tax i"ncrement revenues att~rbut`able to the Projec Area shall be subject to the terms- and conditions of this Agr.eeme:nt, and such other agreement with certain other affected taxing agencie as may be authorized from time to time by .the City and the " Commis ion in accordance with the Redevelopment Plan and said Ordinance. Section 4. As set forth in the: Redevelopment Plan and . related documents, this Agreement, and Health and Safety Code Section 33401 provide .that the Commission may pay. to. any taxing agency wifh te~rr ory located within the. Project Area :other tha°n the . City, any amo nts of money which the Commission has found are ngcess'ary and appropriate to alleviate: any financial bur:den~ or. • detriment caused to any taxing agency by the Redevelopment Plan. The payments to a taxing agency in any single year shall not exceed the amount of piopertg tax. revenues which would. have been rece.i,v,ed by t"hat taxing agency :f all °the .property tax• revenue"s from the Project Area had been allocated to a l the affected taxing agencies, without regard to t_he division of taxes required by Health and Safety Code Section 33670, except that a greater payment may be establish`ed~ by agreement between the Commission and one or more taxing agencies, e_xce.pt the City, if such other taxing agencies - 4 - ~ag`ree to defer payments £or one or more years in order .to accomplish the purposes of the Redevel:opmen:t Plan at an earlier time than would otherwise be the. ca;s'e.. The amount of any such greater payment shall not exceed the amount of payment deferred. The payments shall be approved by a resolution-, adopted by the Commission, which shall contain findings, sup"p.o;rted by substantial evidence, that the Redeveaopment Plan wiT;l cause or has caused a financial burden or detr,;ment to the taxing agency and that. the payments axe necessary to alleva;te th"e f:inanc.a,l bur-den or, detriment. S'ection.5. The parties hereto .:recognize and agree that it is not presently contemplated that substantial re,sidentia,l deve opment Will occu-r within the Project Area which .may therebg create a student generation impaction to the Distric-t. I,n ea_ch future fiscal year, as the: District is able ao demonstrate ~adver5e. fiscal impaction as the result of the allocation of tax increment revenues to the Commission, the Commission, through the Commission Staff, s'ha'1.1 undertake appropriate action together with the- District Staff., to mitigate the demonstr-ated fiscal impaction upon the District and to arrive at a mutually agreeable solution in the manner as he,reinasftex provided. The part°ies hereto agree that commencing with the 1989/90 fiscal year, the District Staff and the Commission Staff will cooperaae to, jointly prepare an annual analysis of the financial ef'feet, i.f any,, on the District caused by the existence of the R'edeveTopment Plan for the Project Area. The analysis of potential - 5 - impact for each then current fiscal year sYi'all be based upon any and all nforma ion and reports with respect to the immediately preceding fiscal `year, including ala pertinent studies, reports and.. projections, if any, with. respec to subsequent fiscal years. If such arial'yss s':ha.ll. provide: the factu`a,l basis. for the findings and determinat~o,ns of the. Commission that the implementation of the Redevelopment .Plan would cause adverse financial impact to the Dist-rct, the Dis'trc:t and the C'ommisson will jointly develop a means to alae~ate that detriment either through payment of amounts. attributable to the tax increment revenues and/or the prow°i;so;n by the Commission for assisting in the funding _of' educational programs for the benefit of t'he ;Dist.ric.t but; not t.o exce'ed that amount of taxes allocated to t e Commission attrbu:tabTe to the amount of taxes that would otherw ,e have been allocated to the District from the Project Area.. It is understood and agreed that the totael amount of Commission funds applied in any such manner to alleviate the adverse fiscaa impact to the Dst.r'ic.t. will be equivalen to the financial detri°°ment 'which has been demonstrated by the analysis. to be conducted by the District Staff and the Commission Staff but not to exceed th'e amount pre,vo:usly provided herein. T.he parties hereto further agree that (i) in the event -~t-here is; a change i`n the tax haws or bond issuance laws of the State of California to permit the issuance of future voter approved general obligation bonds payable from a_d valoem taxes, the District would be entitled. to receive the tax dollars necessary as an . override or a s'~pecal t°ax levy as may need to be levied by the - 6 - County of Sonoma to enable the Dist'ric;t to provide for the debt service requirements on such: here.aft:e`:r• a;u;th'orized general obligat-:ion bonded indebtedness or other a_d valorem tax bonds, or (ii) in the event t`her'e is a change in the laws of the State of, California or State policy with regard to~ the: funding. of opera.tbn and maintenance expenses of school districts which, would' adversely affect the District, the Commission would provide a'pprop'riate p.ayinents t'o the. District pursuant to Health and Sa~fety.Code Sec ion 33401 to the' extent such .payments would not adver ely affect any outstanding tax allocation `bonds, notes or other forms of indebtedness' or contractual obligations of the Commss,on,and such obligation to remit said payments to the District sh-all. at all times be subordinate to any such tax alloca ion bonds, notes or other forms of indebtedne's or contractual obligat;on's. In the `event the District determines that additional fiscal impacts affect the District as a result of t'he use. o~f tax increment revenues by the Commission from the Pr;o;j.eet Area., which res;uht in the need of the D'istiict to obtain add°tiona funds' which otherwise would have been available had the Rede.ve'lopment ~Pla'n not been adopted, the Commission will use the tax increment revenues to mitigate. such adverse impacts upon the District pursuarnt to Health. and Safe y Code Sect`,on 334;0.1. 5um5 payable pursuant to. this Agreement shall be' paid only if available and declared as surplus under a bond reso,lu ion or .ind'enture providing fo,r the s;su~ance. of tax .allocation notes,; bonds or other foams of ind'ebtednes°s issued by, or cont~ractua;l oblgat~,ons incurred by the Commission under the provisions of the Health °and Safety Code, or if otherwise available - 7 - • and not subject to prior encumbrance ..o~r° ;restriction by said' indeb:ted'ness o`r said other forms of ndebted~ness. Section 6. The Distric will diligently pursue . available additional funding sources for the acquisition, construct-.ion. o'r inst:alla't~ion of property, educ`atiomal buildings and facilities of all types and for the in-tiaton and maintenance o'f educatio al programs that .may be available from federal, State or local sources pursujant to exiting or futture law for the mitigation of fisca impacts to the District. Section 7. Any and all liabilities or obligations of . the Commission to u+tl,ize tax increment revenues attrbut;abae to the .Project Area. in furtherance of this Agreement are and shall at all time be a debt of the Commission as prescribed by and pursuant to applicable provisions of the Community :Redevelopment Law; provided', however, the obl°igation o'f the Commission to so utilize the tax increment revenues in furtherance of this Agreement is subordinate to any and a1.T forms of bonds or o her indebtedness issued by or contractual obligations ~of the Commss:on which ere-ate, .or purport to c~r.;e"at'e, a firs-t lien or a prior lien on the tax revenues. oar btherw e pledge such tax revenues, as described in t;he. Redevelopment Plan and. the' Redev;e`'lopment Plan document's and in this Agreement. If the .District. and the Commi sion determine the necessity thereof in the future, and as further provided in the Redevelopment Plan, the Commission and the District may enter into subsequent agreements pursuant to Health and Safety Code • - 8 - ~ ~ Section 33401 to :further a;llev.ate future financial burdens or detriments to the Di tract if such ,ag,reemen;ts should be necessary or appropriate, . in addition to tfhe p.ro`vi ions herein set forth or to further implement any of them. Section 8'. Thus Agreement shall be binding upon the parties hereto and upon their succes'.sors and assigns. The obligations of the Commission hereunder may no;t be transferred;, assigned or de.leg.ated without the w,r~i€ten consemt of the Dis-trict . Section 9. T-he Commission and the District shall take such further a.ctions', hold such further. hearings., execute such . further documents, and seek 'such further authorizations or 'consents as may be necessary by the respective partie to impaemen`t~ ful°1y the intent bf fh°i s. Pgreement. Secti:on_ 10 . Each of the provisions of this Agreement and the enfor;ceabli;ty hereo"f is specifically subject to the application of the laws of the- State of C'alfor.na pertaining thereto as t-he~ ' y hereafter exist. same exist or as ma Section 11. In the event any section or portion of this Agreement shall be `h°eld, found or determined to be urierif'orceable or . invalid for any reason whatsoever, the remaining provisions shall remain in effect and the parties hereto shall take .such further actions as may be reasonably necessary and available to them to effectuate the intent of the parties as to all provisions set forth in this Agreement. - 9 - IN WITNESS WHEREOF,. the £ommi,ssion and the District have; caused this Agr-e.ement to be executed on theix behalf by their duly authorized aff.cers or representatives as of th'e date first above ~ written and have app'r-owed .and aut'h'orized the execution of this Agreement pursuant to app_ropriat;e' official action of the respective governing boards. ` SCHOOL. DTSTRICT By Pre's'ident., Board o`f Drect'ora {SEAL) ATTEST: By Secre ar;y, Bo~a~rd of, Dir;ec,tors SCHOOL D.T~STR'ICT By. Pxesiden_t, Board of Directors (SEAL.;) ATTEST: By Secretary, Board. of Di rectors - 10 - ~ 9' SCHOOL DI'STR'I'CT' By President, Board of Directors (,SEAL ) ATTEST:. By Secretary, Board of Directors SCHOOL DISTRLCT By' President, Board of Dire'c-fora (SEAL.) ATTEST: By Secretary, Board of Dreetor,s' PETALUMA COMMUNITY DEVELOPMENT COMMISS:IQN By GYi~a rman (SEAL) ATTEST: By Sec r-e;t,a ry APPROVED AS TO FORM - By Commission Ataor;ney PETO0 0 0 2 -4 3/ 026'5 P/dc 09/13,/88 030'0 - 11 -