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HomeMy WebLinkAboutResolution 2007-162 N.C.S. 09/10/2007 Resolution No. 2007-162 N.C.S. of the City of Petaluma, California RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA REPEALING AND REPLACING CITY COUNCIL RESOLUTION 2005-221 N.C.S., AND RECOMMENDING THE ALLOCATION OF REDEVELOPMENT FUNDS OF $1.00 PER SQUARE FOOT GRANT SUBSIDY AND A $4.00 PER SQUARE FOOT REPAYABLE LOAN IN SUPPORT OF FIRE SPRINKLER RETROFIT INSTALLATION IN THE HISTORIC DOWNTOWN BUSINESS DISTRICT WHEREAS, The City Council recommends to the Petaluma Community Development. Commission ("PCDC") that the fire sprinkler subsidy program approved by City Council Resolution No. 2005-221 be modified to more equitably distribute incentives and increase financial incentives to eligible businesses; and, WHEREAS, on June 18, 2007, the PCDC approved a "Five-Year Implementation Plan" containing funding for Economic Development, including Development/Redevelopment Assistance, which activities may include programs to attract new business and retain existing businesses, provide business incentives and provide opportunities for participation by owners and tenants in the revitalization of their properties; and, WHEREAS, the financial incentive program authorized herein will assist in the . revitalization of existing properties in the City's historic downtown business district, as described in City of Petaluma Ordinance No. 1294, effective November 4, 2004. NOW, THEREFORE, BE IT RESOLVED: 1. The above recitals are true and correct and hereby declared to be the findings of the City Council of the City of Petaluma. 2. City of Petaluma Resolution 2005-221 N.C.S., adopted December 19, 2005, is hereby repealed. 3. All portions of this resolution are severable. Should any individual component of this resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the remaining resolution portions shall be and continue in full force and effect, except as to those resolution portions that have been adjudged invalid. The City Council of the City of Petaluma hereby declares that it would have adopted this resolution and each section, subsection, clause, sentence, phrase and other portion thereof, .irrespective of the fact that one or more section subsection, clause sentence, phrase or other portion may be held invalid or unconstitutional. Resolution No. 2007-162 N.C.S. Page 1 4. The following sprinkler retrofit incentive program is hereby adopted, and the City Council recommends to the Petaluma Community Development Commission ("PCDC") that PCDC economic development funds be provided to eligible business and property owners in the historic downtown business district, as defined in City of Petaluma Ordinance No. 2194 N.C.S., to assist in defraying the costs of installing fire sprinkler systems required by said ordinance. ARTICLE I DEFINITIONS 1.1 "Historic Business District" means the geographic boundary as described in City of Petaluma Ordinance No. 2194 N.C.S. 1.2 "Ordinance" means City of Petaluma Ordinance No. 2194 N.C.S 1.3 "Pre-existing Building" means a building constructed prior to the effective date of this resolution. ARTICLE II AUTOMATIC FIRE SPRINKLER. RETROFIT INCENTIVE 2.1 General. Connection may be made to the City's water system in accordance with the Petaluma Municipal Code. This program is restricted to pre-existing buildings in the Historic Business District. 2.2 Ownership The City shall own the water main and fire service lateral to the curb line. The remainder of the fire service lateral beyond the curb shall be privately owned by the owner of the propertybeing served bathe fire service lateral. 2.3 Eligibility. Building/property owners. who voluntarily install a suppression system after January 1, 2007 but prior to the sprinkler system installation deadlines provided in the Ordinance will be entitled to participate in the incentive program. Building/property owners on Petaluma Boulevard North are eligible to participate in the incentive program upon installation by the City of Petaluma of appropriately sized water main and laterals to the curb line as provided in the Ordinance. 2.4 Incentives. Eligible business/property owners may receive, subject to the availability of PCDC funds identified in the Five Year Implementation Plan approved by the PCDC: a. A direct grant from the PCDC to offset the cost of installing a fire sprinkler system of $ 1.00 per square foot, applied toward the design and installation of said improvements to that. portion of the .building area located below grade. b. A direct grant from the PCDC to offset the cost of installing a fire sprinkler system of $1.00 per square foot, applied toward the design and installation of said improvements to all portions of the building area located above grade. c. A no-interest loan from the PCDC based on $4 per square foot, adequately secured by real property and paid back to the PCDC over 10 years. Resolution No. ?007-162 N.C.S. Page 2 2.5 Computation and Payment of Incentive. a. Application. To receive the incentive, the business/property owner shall submit an application to the City, on a form provided by the City, including detailed information on construction costs. Incidental costs related to construction, including but not limited to design costs and permit fees, are not eligible for the incentive program.. The business/property owner may also be required to enter into a loan agreement in a form approved by the PCDC in order to be eligible for the loan portion of the incentive program. b. The City Manager or his/her designee shall compute the total amount of the incentive. c. Sample calculation: A 6,000 square foot ground floor, with a matching 6,000 square foot basement would be eligible for : a) $6,000 grant for the basement space; b) $6,000 grant for the space at or above grade level; c) $4 per square foot X 12,000 sq/ft = $48,000 no interest Petaluma Redevelopment Agency Loan, repaid over 10 years. d. Payment. Payment of any portion of the incentive shall not be made until the automatic fire sprinkler system has been installed and has passed inspection by the City. e. Total Incentives. The combined total of any grants and loan made under this program shall not exceed the total actual cost paid by the business/property owner for installation of the automatic fire sprinkler system by a licensed fire sprinkler contractor. 2.5 Other Requirements a. Permits. The building/property owner will be required to obtain a pern~it from the Fire Department for the installation of the sprinkler system, but will not be required to pay the cost of the fire permit and plan check fees required for the sprinkler retrofit. Building permits and payment of City building permit fees will be required. 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 e • as to Council of the City of Petaluma at a Regular meeting on the 10`h day of September, r 2007, by the following vote: ~ y City ttomey AYES: Barrett, Fceitas, Harris, Vice Mayor Nau, O'Brien, Rabbitt,,Mayor NOES: None ABSENT: None ~ ABSTAIN: None ~ ~ D ~ ATTEST: l./l. City Clerk ayor Resolution No. 2007-162 N.C.S. Page 3