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HomeMy WebLinkAboutResolution 2006-106A N.C.S. 06/05/2006 Resolution No. 2006-1O6A N.C.S. of the City of Petaluma, California RESOLUTION MAKING SPECIFIED FINDINGS AND CONSENTING TO USE PCDC FUNDS FOR THE PETALUMA BOULEVARD IMPROVEMENTS PROJECT AND DIRECTING EXECUTION OF A JOINT POWERS AGREEMENT BETWEEN THE CITY AND THE PCDC TO UTILIZE METROPOLITAN TRANSPORTATION COMMISSION'S TRANSPORTATION FOR LIVABLE COMMUNITIES FUNDING FOR THE PETALUMA BOULEVARD IMPROVEMENTS PROJECT WHEREAS, the Metropolitan Transportation Commission's (MTC) Transportation for Livable Communities (TLC) Local Projects Grant Program includes $485,000 dollars for the Petaluma Boulevard Improvements Project: and, WHEREAS, the MTC TLC Local Projects Grant Program is managed by the Sonoma County Transportation Authority (hereinafter "Authority"); and, WHEREAS, the City of Petaluma seeks this MTC TLC funding from the Authority for the purpose of constructing pedestrian and streetscape enhancements along Petaluma Boulevard (hereinafter "Project"); and, WHEREAS, the Project is administered, designed and constructed by the Petaluma Community Development Commission (PCDC); and, WHEREAS, the estimated total cost of the project is approximately $2,202,000 and the PCDC is funding all costs in excess of the MTC TLC $485,000; and, WHEREAS, a joint powers agreement may be utilized between the City of Petaluma and the PCDC to govern cooperation regarding the Petaluma Boulevard Improvements Project, including PCDC project financing and PCDC utilization of MTC TLC funding to partially reimburse PCDC Project expenditures; and, WHEREAS, the PCDC may fund such public improvements provided the City Council first gives its consent in accordance with California Health and Safety Code Section 33421.1 and Resolution No. 2006-106A N.C.S. Page 1 33445, based on findings that the Project is necessary to effectuate the purposes of the Redevelopment Plan, that the improvements are of benefit to the Project Area or the immediate neighborhood in which the project area is located, that there is no other reasonable means of financing the improvements available to the community and that payment of funds for the cost of the Project will assist in the elimination of one or more blighting conditions inside the Project Area and is consistent with the Implementation Plan adopted pursuant. to Section 33490 of the California Health and Safety Code; and, WIIEREAS, the City Council of the City of Petaluma hereby finds as follows: FINDINGS: 1. The Project is necessary to effectuate the purposes of the Petaluma Community Development (PCD) Redevelopment Plan adopted 1988 and amended and restated in 2001 in that the Project improves the image of the City by providing streetscape and pedestrian enhancements to a primary arterial through the Redevelopment area. 2. The Project improvements are of benefit to the PCD Project Area ("Project Area") and the immediate neighborhood in which the Project Area is located in that the Project conforms with the Downtown Improvements Master Plan, providing improved pedestrian access to the historic Downtown. 3. There is no other reasonable means of financing the Project available to the community in that no City funds are available for the Project. 4. The payment of funds for the cost of the Project will assist in the elimination of one or more blighting condition inside the Project Area in that the Project provides access and visual enhancements to blighted areas. 5. The Project is consistent with the Implementation Plan adopted pursuant to Section 33490 of the California Health and Safety Code concerning the PCD in that the Resolution No. 2006-106A N.C.S. Page 2 Project implements a portion Downtown Improvements Master Plan. cited by the Implementation Plan as supportive in eliminating the conditions of blight. NOW, TIIERE>F'ORE BE IT RESOLVED by the City Council of the City of Petaluma that: 1. The above recitals are hereby declared to be true and correct and to be findings of the City Council of the City of Petaluma. 2. The City Council gives its consent in accordance with California Health and Safety Code Sections 33421.1 and 33445 to the Petaluma Community Development Commission to finance the construction of improvements for the Petaluma Boulevard Improvement Project and to fund the balance of the Project costs (estimated to be approximately $1,717,000) not funded by MTC TLC funds or other sources. 3. The City Manager is authorized and directed to complete and execute on behalf of the City a Joint Powers Agreement by and Between the Petaluma Community Development Commission and the City of Petaluma Governing Cooperation Regarding the Petaluma Boulevard Improvement Project substantially in accordance with the draft sharing of powers agreement attached to and made a part of this resolution. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: 1 hereby certify the foregoing Resolution was introduced and adopted by the Appro as to Council of the City of Petaluma at a Regular meeting on the 5`h day of June, 2006, rm: by the following vote: i City Atto ey AYES: Vice Mayor Canevaro, Harris, Nau, O'Brien, Torliatt NOES: None ABSENT: Mayor Glass, Healy ABSTAIN: None ATTEST: City Clerk Ma or Resolution No. 2006-106A N.C.S. Page 3 ATTACHMENT JOINT POWERS AGREEMENT BY AND BETWEEN THE PETALUMA COMMUNITY DEVELOPMENT COMMISSION AND THE CITY OF PETALUMA GOVERNING COOPERATION REGARDING THE PETALUMA BOULEVARD IMPROVEMENTS PROJECT 1. Parties. This Joint Powers Agreement, dated for the purpose of reference only, is entered into pursuant to Government Code Section 6502 by and between the following public agencies ("Parties"): The City of Petaluma, a charter city organized under the laws of the State of California ("City"), and the Petaluma Community Development Commission ("PCDC"), an agency of the state for the local performance of governmental or proprietary functions within limited boundaries existing pursuant to the Community Redevelopment Act (California Health and Safety Code Section 33000 et seq. ) 2. Recitals. a. California Government Code Section 6502 provides that if authorized by their legislative or other governing bodies, two or more public agencies may by agreement exercise any power common to the parties. b. Each party to this agreement is a public agency duly authorized and existing under the laws of the State of California, and situated within the boundaries of the County of Sonoma. c. City is authorized in accordance with Section 9 of Article XI of the California Constitution to establish, purchase and operate public works in order to furnish residents with light, water, power, heat, transportation, or means of communication and is authorized in accordance with Sections 66 and 68 of the Petaluma Charter and California Public Contract Code Section 20160 and following other applicable law to contract for the erection, improvement and repair of all public buildings and works. d. PCDC is authorized in accordance with.. California Health and Safety Code Section 33125 to make and execute contracts necessary or convenient to the exercise of its powers, to prepare and carry out plans for the improvement, rehabilitation, and redevelopment of blighted areas in accordance with Health and Safety Code Section 33131, and, in accordance with Health and Safety Code Section 33445, to pay all or part of the value of the land for and the cost of the installation and construction of any building, facility, structure or other improvement which is publicly owned either within or without the project area, with the consent of the legislative body, if the legislative body determines that such improvements are of benefit to the project area or the immediate neighborhood in which the project is located, that no other reasonable means of financing the improvements is available to the community, and that payment of funds for such acquisition or improvements will assist in the elimination of one or more blighting condition inside the project area or provide housing for low or moderate-income persons, and is consistent with the implementation plan adopted pursuant to Health and Safety Code Section 33490. e. The Metropolitan Transportation Commission's (MTC) sets forth the Transportation for Livable Communities (TLC) Grant Program and project implementation policies concerning use of funds and authorizes Sonoma County Transportation Authority (SCTA) to administer the local program on behalf of MTC. Pursuant to SCTA's Local TLC Resolution No. 2006-106A N.C.S. Page 4 allocation, the MTC will commit to making available up to $485,000 pursuant to SCTA TLC and Transportation Enhancements (TE) applications from the City to assist with the Petaluma Boulevard Improvement Project ("Project"). f. The Project consists of enhancing and reconstructing Petaluma Boulevard from Washington to Lakeville Streets. The improvements include sidewalk and ADA upgrades, lighted cross walks, historic street lighting, tree and landscape planting, street furniture including benches, bike racks and trash/recycle receptacles, pavement reconstruction and reconfiguring the street section to three lanes (from four). g. A was prepared and adopted concerning the Project pursuant to the California Environmental Quality Act ("CEQA") on by Resolution No. by the Petaluma h. At its regularly scheduled meeting on , 2006, the City Council has consented to the PCDC paying all or part of the cost of the Project upon determining in accordance with California Health and Safety Code Section 33445 that the Project will be of benefit to the project area of the immediate neighborhood in which the project is located, that no other reasonable means of financing the project is available to the community, and that payment of all or part of the cost of the project will assist in the elimination of one or more blighting condition inside the project area, and is consistent with the implementation plan adopted pursuant to California Health and Safety Code Section 33490. i. At its regularly scheduled meeting on , 2006, the City Council has also authorized the City Manager to execute this agreement on behalf of the City. j. At its regularly scheduled meeting on , 2006, the City Council has authorized the City to submit SCTA TLC and MTC Transportation Enhancement (TE) applications under which the SCTA and MTC will commit to making available up to $485,000 to assist with construction of the Project, and authorized the City Manager to submit the SCTA TLC and TE applications on behalf of the City. k. At its regularly scheduled meeting on , 2006, the PCDC Board, upon making the findings prescribed in California Health and Safety Code Section 33445, has authorized the PCDC Executive Director to execute this agreement on behalf of the PCDC providing for PCDC financing and partial funding of the Project and partial reimbursement of the PCDC pursuant to the TLC Grant. 3. Purpose. The primary purpose of this agreement is to provide the terms under which the City and the PCDC will cooperate concerning the financing, funding and construction of the Project, and partial reimbursement of the PCDC by the City from the proceeds of the MTC TLC Grant. 4. No separate entity is being created. The Parties do not intend to create a separate public agency through this agreement and no provision of this agreement should be so construed. 5. Obligations of the Parties. a. The PCDC agrees to finance the Project using PCDC funds in accordance with applicable law including, but not limited to, the Community Redevelopment Act (California Health and Safety Code Section 33000). PCDC financing required for the Project, including design and construction costs, is estimated to total approximately $2.202 million. The PCDC understands that based on its financing commitment for the Project pursuant to this Agreement, the City will commit to the SCTA concerning Resolution No. 2006-106A N.C.S. Page 5 financing and construction of the Project pursuant to the grant requirements. b. The City agrees to submit the required SCTA TLC and MTC Transportation Enhancement applications for grant funding providing funding for the Project up to $485,000. City will invoice the SCTA and remit proceeds to the PCDC to partly reimburse the PCDC's financing and funding costs of the Project. b. Termination of Agreement. Unless sooner terminated by one or both the parties, this Agreement will remain in effect while the Cooperative Agreement is in effect. This Agreement may be terminated at any time by the parties' mutual consent. However, the respective rights and obligations of the Parties pursuant to paragraph 7 of this agreement shall survive any termination of this agreement. 7. Liability/Hold Harmless. This agreement is not intended to affect the legal liability of either of the Parties by imposing any standard of care other than the standard of care imposed by law. a. It is understood and agreed that neither the City, nor its officials, officers, employees, volunteers, or agents is responsible for any damage or liability occurring by reason of anything that PCDC or its officials, officers, employees, agents, or volunteers does or fails to do under or in connection with the Project. It is also understood and agreed that, pursuant to Government Code Section 895.4, the PCDC shall fully indemnify and hold harmless the City from any damage or liability occurring by reason of anything done or omitted to be done by the PCDC or its officials, officers, employees, volunteers, or agents under or in connection with the Project. Said indemnity shall include, but is not limited to, all reasonable costs and attorneys' fees incurred in defense of any and all claims covered by this provision.. b. It is understood and agreed, further, that neither the PCDC, nor its officials, officers, employees, volunteers, or agents is responsible for any damage or liability occurring by reason of anything that City or its officials, officers, employees, agents, or volunteers does or fails to do under or in connection with the Project. It is also understood and agreed that, pursuant to Government Code Section 895.4, the City shall fully indemnify and hold harmless the PCDC from any damage or liability occurring by reason of anything done or omitted to be done by the City or its officials, officers, employees, volunteers, or agents, under or in connection with the Project. Said indemnity shall include, but is not limited to, all reasonable costs and attorneys' fees incurred in defense of any and all claims covered by this provision. 8. Agreement Not for Benefit of Third Parties. This Agreement shall not be construed as or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have. any right of action hereunder for any cause whatsoever. Any services performed or expenditures made in connection with this agreement by either Party shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property within the jurisdiction of such party.. 9. Amendment. This agreement may be amended at any time upon the written approval of the Parties. Executed on , 2006, at ,California by: Resolution No. 2006-106A N.C.S. Page 6 CITY OF PETALUMA By Michael A. Bierman City Manager ATTEST: By Claire Cooper City Clerk I APPROVED AS TO FORM: I BY Eric Danly City Attorney PETALUMA COMMUNITY DEVELOPMENT COMMISSION BY Michael A. Bierman Executive Director ATTEST: By Claire Cooper PCDC Clerk APPROVED AS TO FORM: By Eric Danly PCDC General Counsel Resolution No. 2006-106A N.C.S. Page 7