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HomeMy WebLinkAboutPCDC Resolution 88-11 09/19/1988 ~ PET00002-47/0322P/nb 08/31/88 1100 RESOLUTION N0. 88-11 RESOLUTION OF THE PETALUMA COMMUNITY DEVELOPMENT COMMISSION MAKING CERTAIN FINDINGS AND DETERMINATIONS AND APPROVING A CERTAIN FISCAL IMPACT~AGREEMENT BY AND AMONG THE PETALUMA COMMUNITY DEVELOPMENT COMMISSION, THE CITY OF PETALUMA, CALIFORNIA, THE SONOMA COUNTY LIBR TO HEALTH AND SAFETOY CODE ~ PURSUANT SECTION 33401 (PETALUMA COMMUNITY DEVELOPMENT PROJECT) the Petaluma Community Development Commission (the WHEREAS, and the City of Petaluma, California (the "City" , Commission') have approved and adopted the Redevelopment Plan for d ptedtaCity Community Development Project pursuant to a duly Ordinance (the "Redevelopment Plan"); and the City, the Sonoma County Library (the WHEREAS, the Commission of Sonoma (the County ) deem it advisable and "Library") and the County _ that an agreementn ~ thisflreference t(theC~'Agreement'S) cbetaentered incorporated herei Y into in accordance with t thep Commission~f the aCity at he S(°L brarya) Section 33401 by and among and the County with respect to the use of the tax increment. revenues to be generated within taluma dCommunitytDe velopmentaProject (the Commission known as the Pe "Project Area and „ with Health and Safety Code Section 33.401 the WHEREAS, in accordance with territory located Commission may pay to any taxing agency which the Commission within the Project Area any amo~not=fate to ealleviate any financial has found are necessary and aPP P which is caused by the burden or detriment to any such taxing agency Redevelopment Plan; and WHEREAS, the County and the Library have presented the Commission with satisfactory evidence that as a result of rshallloexperie cetha Project Area, the County and the Library financial burden or detriment, and that the Agreement is necessary to relieve .s aid financial burden or detriment; and WHEREAS, as a result of the redevelopment of the P ov de upgraded County and the Library will be required to p facilities and services; and WHEREAS, the County and the Library are desirous of cooperating with the Commission and the City so that the Redevelo~pii t passn toy the implemented and the County and the Library Commission one hundred percent (100°~) of their allocation of certain a'~~ Page 1 of 3 ~`J PCDC 88-11 tax increment revenues attributable to that portion of the Project Area within the boundaries of the City for the first five (5) years of the Redevelopment Plan and thereafter the County and the Library will pass to the Commission four percent (40) of their allocation of certain tax increment revenues attributable to that portion of the Project Area within the boundaries of the City for the remaining duration of the Redevelopment Plan pursuant to Health and Safety Code Section 33670. NOW, THEREFORE, BE IT RESOLVED, BY THE PETALUMA COMMUNITY DEVELOPMENT COMMISSION AS FOLLOWS: Section 1. The above recitals and each of them, are true and correct and the action taken pursuant to this resolution is based upon the facts stated in said recitals. Section 2. With respect to the County and the Library, the Commission hereby finds and determines: (i) that the County and the Library have presented substantial evidence to the Commission which has been considered by the Commission at or prior to its meeting on the date hereof; (ii) that as a result of the implementation of the Redevelopment PLan, the County and the Library shall experience a financial burden or detriment due to the need to provide more extensive services and upgraded improvements; and (iii) that the Agreement provides a method for the allocation of certain tax increment revenues among the Commission, the Library and the County which is necessary to alleviate said financial burden or detriment. Said substantial evidence of financial burden or detriment includes, without limitation, the following: (a) the payment of tax increment revenues which may be generated within the Project Area as more fully described in the Redevelopment Plan will make it more difficult for the County and the Library to meet certain obligations to pay the indebtedness of the County and the Library; and (b) in accordance with Health and Safety Code Section 33401, as amended by Stats. 198.3, c. 1324, the payments to be made hereunder and pursuant to the Agreement do not, in the current fiscal year, exceed the property tax revenues which would have been received by the County and the Library if all the property tax revenues generated within the redevelopment project area boundaries more fully described in the Redevelopment Plan had been allocated to all the affected taxing agencies without regard to the division of taxes required by Health and Safety Code Section 33670, and that a greater payment may be made to the County and the Library only if the other taxing agencies agree to defer payments for one or more years to accomplish the purposes of the Redevelopment Plan at an earlier time than would otherwise be the case; and Page 2 of 3 PCDC 88-11 88-11 (c) the adoption of the Redevelopment Plan is reasonably expected to pause a financial burden or detriment to the County and the Library and the method of allocating certain tax increment revenues as provided in said Agreement is necessary to alleviate the financial burden or detriment. Section 3. The Commission hereby finds and determines that the Agreement has been prepared in accordance with the provisions of Health and Safety Code Section 33401, as amended by Stats. 1983, c. 1324, and hereby approves said Agreement as on file with the Commission Secretary. The Commission hereby requests the City Council of the City of Petaluma, California (the "City Council") to concur with the findings and determinations contained herein and to approve and authorize the execution of said Agreement by the appropriate City officials. The Commission Chairman and Secretary are hereby expressly authorized and directed, notwithstanding any other policy of the Commission to -the contrary, to execute said Agreement upon adoption of this Resolution. Section 4. This Resolution shall take effect upon adoption. 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 Woolsey z Sobel Tencer g Cavanagh x Balshaw x Vice Chair Davis ~ Chairman Hilligoss x ~M! a/f~i~i/a/HQ~/~-~9A~/s! ~h'aXrfi~/ / Vice Chairman Alichael Davis ATTEST: P. Bernard, Recording ecretary PETO0002-47/0322P/ Page 3 of 3 PCDC 88-11