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HomeMy WebLinkAboutResolution 2006-074 N.C.S. 04/03/2006 Resolution No. 2006-072 N.C.S. of the City of Petaluma, California RESOLUTION MAKING SPECIFIED FINDINGS AND CONSENTING TO USE OF PCDC FUNDS FOR THE RIVER TRAIL ENHANCEMENT PROJECT AND AUTHORIZING EXECUTION OF A JOINT POWERS AGREEMENT BETWEEN THE CITY AND PCDC TO UTILIZE SONOMA COUNTY TRANSPORTATION AUTHORITY MEASURE M FUNDING FOR THE PCDC RIVER TRAIL ENHANCEMENT PROJECT WHEREAS, the 2004 Measure M Sonoma County Traffic Relief Act Expenditure Plan includes $2,000,000 in 2004 dollars from the Bus, Rail and Bicycle & Pedestrian category for the Petaluma River Trail Enhancement Project; and, WHEREAS, the Measure M program is managed by the Sonoma County Transportation Authority (hereinafter "Authority"); and, WHEREAS, the City of Petaluma seeks this Measure M funding from the Authority for the purpose of constructing a bicycle and pedestrian pathway along the Petaluma River (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 $4,700,000 and the PCDC is funding all costs in excess of the SCTA Measure M $2,000,000; and, WHEREAS, a joint powers agreement may be utilized between the City of Petaluma and the PCDC to govern cooperation regarding the River Trail Project, including PCDC project financing and PCDC utilization of SCTA Measure M funding to partially reimburse PCDC Project expenditures; and, Resolution No. 2006-072 N.C.S. Page 1 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 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, WHEREAS, 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 reinforcing existing public transportation infrastructure with a new pedestrian/bicycle access across town and expanding the potential of the PCD 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 River Access and Enhancement Plan, providing expanded public access to and awareness of the River and providing apedestrian/bicycle link for the neighborhoods to the historic Downtown. 3. There is rio 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. Resolution No. 2006-072 N.C.S. Page 2 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 Project implements a portion of the River Access and Enhancement Plan cited by the Implementation Plan as supportive in eliminating the conditions of blight. NOW, THEREFORE, 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 River Trail Project in accordance with the Petaluma River Access and Enhancement. Plan and to fund the balance of the Project costs (estimated to be approximately $2,700,000) not funded by Sonoma County Transit Authority Measure NI 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 River Trail 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: I hereby certify the foregoing Resolution was introduced and adopted by the pprove as to Council of the City of Petaluma at a Regular meeting on the 3"' day of April, 2006, ~ form: by the following vote: Ciry Attorn AYES: Vice Mayor Canevaro, Mayor Glass, Harris, Healy, Nau, O'Brien, Torliatt NOES: None ABSENT: None ABSTAIN: None ATTEST: City Clerk ayo Resolution No. 2006-072 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 RIVER TRAIL 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 Measure M strategic plan of the Sonoma County Transit Authority ("SCTA") sets forth the SCTA's program and project implementation policies concerning use of funds provided under the 2004 Traffic Relief Act for the Sonoma County Expenditure Plan and Ordinance approved by the voters of Sonoma County on November 2, 2004 ("Measure M"). Pursuant to Measure M and the .Measure M Strategic Plan, the SCTA will commit to making Resolution No. 2006-072 N.C.S. Page 4 available up to $2 million in 2004 dollars pursuant to a cooperative agreement ("Cooperative Agreement") with the City to assist with the Petaluma River Trail Project ("Project"). f. The Project extends from Washington Creek to Washington Street as outlined in the 2000 Petaluma River Access and Enhancement Plan. The Project consists of three phases. The first phase of the Project, completed in the summer of 2005, included apedestrian/bicycle bridge over Washington creek and a riverside pathway from the new bridge to just north of Edith Street. Phase one was fully funded by the PCDC. Phase two consists of a new floodwall along North Water Street at Washington Street. The construction contract for phase two was awarded by the City Council on January 9, 2006. Construction will be complete by September, 2006. The third and final phase completes the connection to Washington Street from the Edith Street dead end with a new pedestrian/bicycle bridge over the River near Copeland Street and pathway along the River, including apedestrian/bicycle crossing at Lakeville Street. 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 entering the Cooperative Agreement with the SCTA pursuant to Measure M and the Measure M Strategic Plan under which the SCTA will commit to making available up to $2 million in 2004 dollars to assist with construction of the Project, and authorized the City Manager to execute the Cooperative Agreement on behalf of the City. k. At its regularly scheduled meeting o , 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 Cooperative Agreement. 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 Cooperative Agreement. 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 $4.7 million in 2004 dollars. The Resolution No. 2006-072 N.C.S. Page 5 PCDC understands that based on its financing commitment for the Project pursuant to this Agreement, the City will commit to the SCTA concerning financing and construction of the Project pursuant to the Cooperative Agreement. b. The City agrees to enter the Cooperative Agreement with the SCTA providing for reimbursement of the PCDC's costs incurred in financing and funding the Project up to a maximum of $2 million in 2004 dollars to be reimbursed at a rate of $200,000 per year for the first five years of the Measure M Strategic Plan. City will invoice the SCTA and remit proceeds of the Cooperative Agreement 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: CITY OF PETALUMA Resolution No. 2006-072 N.C.S. Page 6 By Mike Bierman City Manager ATTEST: By Claire Cooper City Clerk APPROVED AS TO FORM: By Eric Danly City Attorney PETALUMA COMMUNITY DEVELOPMENT COMMISSION BY Mike Bierman Executive Director ATTEST: By Claire Cooper PCDC Clerk APPROVED AS TO FORM: By Eric Danly PCDC General Counsel Resolution No. 2006-072 N.C.S. Page 7