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HomeMy WebLinkAboutResolution 2007-190 N.C.S. 11/05/2007 Resolution No. 2007-190 N.C.S. of the City of Petaluma, California CONSENTING TO USE OF $1.4 MILLION OF PETALUMA COMMUNITY DEVELOPMENT COMMISSION TAX INCREMENT FUNDS FOR CONSTRUCTION OF FIRE STATION 1 WITHIN THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AREA AND MAKING FINDINGS REQUIRED BY CALIFORNIA HEALTH & SAFETY CODE SECTIONS 33445 AND 33679 WHEREAS, the City Council of the City of Petaluma (the "City Council") adopted the Redevelopment Plan (the "Redevelopment Plan") for the Central Business District Project Area (the "CBD Project Area") in 1976; and, WHEREAS, the Redevelopment Plan sets forth plans for redevelopment of the CBD Project Area; and, WHEREAS, the Petaluma Community Development Commission (the "PCDC") is responsible for administering the Redevelopment Plan to cause the redevelopment of the CBD Project Area, including installation of public improvements consistent with the Redevelopment Plan; and, WHEREAS, California Health and Safety Code Section 33445 provides that redevelopment agencies may, with the consent of the legislative body, pay all or part of the value of land for and the cost of the installation and construction of any building, facility, structure, or other improvements that are publicly owned either within or without the project area, subject to certain specified findings being made; and, WHEREAS, California Health and Safety Code Section 33679 requires that before a redevelopment agency commits tax increment funds to paying all or part of the value of land for, or the cost of installation and construction of, any publicly owned building other than parking facilities, the legislative body must hold a hearing, and that notice of the hearing must be published in a newspaper of general circulation in the community for at least two successive weeks prior to the hearing; and, Resolution No. 2007-190 N.C.S. Page 1 WHEREAS, California Health and Safety Code Section 33679 further provides that not later than the time of the first publication of notice of a public hearing under that section, a summary containing the following information must be made available for inspection and copying by the public: a. estimates of the amount of tax increment proposed to be used to pay for land or construction of any publicly owned building, including interest payments; b. the facts supporting the determinations required to be made by the legislative body pursuant to California Health and Safety Code Section 33445; and, c. the redevelopment purpose for which tax increment is being used to pay for the land or construction of a publicly owned building; and, WHEREAS, notice of a hearing to be held at 3:00 p.m. on November 5, 2007 at City Hall Council Chambers, 11 English St., Petaluma, regarding consent of the City of Petaluma and authorization by the Petaluma Community Development Commission ("Agency") to pay all or part of the cost of construction of Fire Station No. 1 was published a newspaper of general circulation, on October 17 and 24, 2007; and, WHEREAS, in accordance with California Health and Safety Code Section 33679, subdivision (a), it is estimated that approxirnately $11.,486,000 of tax increment funds will be required to pay the cost of land and/or construction of the Facilities; and, WHEREAS, in accordance with California Health and Safety Code Section 33679, subdivisions (b) and (c), the determinations required to be made by the legislative body pursuant to California Health and Safety Code Section 33445, and the redevelopment purpose for which tax increment funds will be used to pay land and/or construction costs of the Facilities are specified in this resolution; and, WHEREAS, this resolution has been made available to the public for inspection and copying effective the date of the first publication of notice stated above; and, Resolution No. 2007-190 N.C.S. Page 2 WHEREAS, relocation of Fire Station 1 from its current location on D Street to a facility to be newly constructed at 307 Petaluma Boulevard South building ("the project") will benefit the CBD Project Area and help to eliminate blight as outlined in the Five Year Implementation Plan adopted by the PCDC in June 2007 and as documented in the Report to Council on the Plan Amendment and Fiscal Merger, accepted by the PCDC in 2006; and, WHEREAS, the project will improve safety in the CBD Project Area by relocating Fire Station 1 to a seismically safe facility that will include state-of--the-art facilities for firefighters and conference rooms that could also be used for community meetings; and, WHEREAS, the project will provide much-needed upgrades to Petaluma's Fire Department and to fire services in the CBD Project Area by increasing the Fire Department's capacity and by providing a facility which is seismically safe for an emergency response unit, which has stricter seismic requirements than other buildings, which is large enough to accommodate the Fire Department's ladder truck and which has adequate facilities for female firefighters; and, WHEREAS, the project and its upgrades will improve public safety needs in the CBD Project Area, which has suffered devastating fires in recent years, such as those at Rex Hardware and Buena Sera Cucina Italiana; and, WHEREAS, The new Fire Station 1 will be constructed on the site formerly occupied by the Casa Grande Motel, which was severely damaged by vandalism and decay, was vacant for several years before the City demolished it and constituted a public safety hazard and contributed to the CBD's blighting conditions, which are a disincentive to private investment in the area; and, WHEREAS, inadequate infrastructure, substandard and underutilized lots and buildings, as well as deteriorated and dilapidated buildings hinder the economic vitality of the area surrounding the site of the new Fire Station 1 and it is anticipated that the construction of this facility will encourage other private investment in the area and lead to further blight alleviation; and, Resolution No. 2007-190 N.C.S. Page 3 WHEREAS, the PCDC and the City explored potential funding sources other than redevelopment and were able to identify three sources of funding which are expected to provide. approximately $2,315,000 for the project, leaving a gap of $11,486,000 for which no funding other than redevelopment tax increment funds has been identified as reasonably available; and, WHEREAS the PCDC desires to spend funds for the project; and, WHEREAS, the Redevelopment Plan, as well as the Five Year Implementation Plan adopted by PCDC Resolution 2007-08 on June18, 2007 specifically identify the improvement. of fire stations and public infrastructure as potential projects, and the use of tax increment funds for this project is therefore consistent with said plans; and, WHEREAS, the construction of the project conforms to the General Plan of the City; and, WHEREAS, the PCDC expenditure for the project will assist in the redevelopment of the CBD Project Area, and is necessary to effectuate the purpose of the Redevelopment Plan. N®W, THEREF'®RE, BE IT RES®LVED by the City Council of the City of Petaluma as follows: 1. The findings stated herein are true and correct and are adopted. as the findings of the City Council. 2. Based upon the foregoing, the City Council of the City of Petaluma hereby finds that (i) the expenditure of tax increment funds to undertake the public improvements and the project as set forth in this Resolution and the Implementation Plan will be of benefit. to the CBD Project Area; (ii) no other reasonable. means of financing the public improvements and the project is reasonably available; (iii) completion of the public improvements and the project will assist in the elimination of bli-ghting Resolution No. 2007-190 N.C.S. Page 4 conditions in the project Areas; and (iv) completion of the public improvements and the project is consistent with the Implementation Plan adopted for the CBD Project Area. 3. The City Council of the City of Petaluma hereby consents to the contribution of $1.4M in PCDC tax increment funds for relocation and construction of Fire Station 1 as described herein. 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 Approved as Council of the City of Petaluma at a Regular meeting on the 5`h day of November, form: 2007, by the following vote: City Attorney AYES: Barrett, Freitas, Vice Mayor Nau, O'Brien, Babbitt, Mayor Torliatt NOES: None .ABSENT: Harris _ ABSTAIN: None _ ~,r r ATTEST: ` City Clerk Mayor Resolution No. 2007-190 N.C.S. Page 5