HomeMy WebLinkAboutResolution 2007-201 N.C.S. 12/03/2007 Resolution No. 2007-201 N.C.S.
of the City of Petaluma, California
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA
APPROVING A SUBLEASE OF THE FREIGHT SHED AT THE PETALUMA
RAILROAD DEPOT TO THE PETALUMA ARTS COUNCIL, APPROVING THE
REUSE REPORT REQUIRED BY HEALTH AND SAFETY CODE SECTION 33433,
AND ADOPTING FINDINGS IN CONNECTION WITH SUCH SUBLEASE
WHEREAS, by Ordinance 1725 N.C.S. adopted on July 18, 1988 by the City Council,
the Petaluma Community Development Commission (the "Agency") established the Petahima
Community Development Project Area ("Project Area") and adopted a redevelopment plan for
the Project Area (as thereafter amended, the "Redevelopment Plan"); and,
WHEREAS, pursuant to that certain Commercial Lease (the "Master Lease") dated
August 1, 2003, and executed by and between Northwestern Pacific Railroad Authority
("Northwestern"), a public joint powers authority, and Agency, Agency leases the real property
known as Sonoma County Assessor's Parcel No. 007-131-004, located in the Project Area on
Lakeville Street between East Washington and D Streets (the "Property"), including three
buildings located thereon and known as the "Passenger Depot", the "Baggage Shed" and the
"Freight Shed"; and,
WHEREAS, Sonoma Marin Area Rail Transit District ("SMART") is the successor in
interest to Northwestern under the Master Lease; and,
WHEREAS, pursuant to an Exclusive Negotiating Rights Agreement authorized by
Resolution adopted January 22, 2007, Agency staff have negotiated the terms and conditions
under which the Petaluma Arts Council, a California non-profit public benefit corporation ("Arts
Council")-would sublease the Freight Shed for purposes of art instruction, art displays, and other
related art activities; and,
WHEREAS, the Property and the terms and conditions of the sublease are more
particularly described in a proposed Sublease Agreement (the "Sublease"), copies of which have
been provided to the Agency and the City Council; and,
WHEREAS, California Health and Safety Code Sections 33430 and 33431 provide that
a redevelopment agency may sell or lease real property without public bidding provided the
agency holds a public hearing following publication of notice; and,.
WHEREAS, California Health and Safety Code Section 33433 provides that prior to a
redevelopment agency's sale or lease of property acquired with tax increment funds (i) the
agency must prepare and make available to the public a report (the "Reuse Report") describing
the terms of the conveyance and development of the property, (ii) the legislative body must hold
a public hearing following notice, and (iii) the legislative body must approve the conveyance by
a resolution adopting specified findings; and,
Resolution No. 2007-201 N.C.S. Page 1
WHEREAS, the Agency has caused a Reuse Report to be prepared, and the Agency and
the City Council have caused notice to be published and have conducted public hearings in
accordance with all legal requirements; and,
WIIEREAS, the .Agency has approved the Reuse Report, has approved the lease of the
Property, and has adopted the findings required by Section 33433 of the Health and Safety Code.
NOW, TI~IEREFORE, DE IT RESOLVED that the City Council of the City of
Petaluma hereby:
1. Based on the information set forth in the Reuse Report, the staff report transmitting
such report, and the proposed Sublease, finds that the sublease of the Freight Shed to
Arts Council will assist in the elimination of blight in the Project Area, will further
the goals of the Redevelopment Plan, and will be consistent with the implementation
plan adopted in connection therewith.
2. Based on the information set forth in the Reuse Report, the staff report transmitting
such report, and the proposed Sublease, finds that the consideration to be paid for the
sublease of the Freight Shed is not less than the fair reuse value of the Freight Shed at
the use and with the covenants and conditions imposed by the Sublease and the
Master Lease.
3. Approves the Reuse Report.
4. Approves the sublease of the Freight Shed to Arts Council in accordance with the
Sublease substantially in the form on file with the City Clerlc.
5. Authorizes the City Manager to take such actions as necessary to carry out the intent
of this Resolution.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the A o d as to
Council of the City of Petaluma at a Regular meeting on the 3`~ day of December, fo:
2007, by the following vote:
City ttorney
AYES: Barrett, Harris, Vice Mayor Nau, O'Brien, Rabbitt, Mayor Torliatt
NOES: None
ABSENT: Freitas
ABSTAIN: None ~
ATTEST: ~~J Q.c~_>
City Clerk Mayor
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