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HomeMy WebLinkAboutPCDC Resolution 2009-05 06/01/2009RESOLUTION N®. 2009-05 PETALUMA COMMUNITY DEVELOPMENT COMMISSION APPROVING THE PROJECT BUDGET, AUTHORIZING THE AWARD OF CONTRACT, AUTHORIZING USE OF PETALUMA COMMUNITY DEVELOPMENT COMMISSION TAX INCREMENT FUNDS AND MAKING FINDINGS REQUIRED BY CALIFORNIA HEALTH 8 SAFETY CODE SECTION 33445 FOR THE IN-ROADWAY PEDESTRIAN WARNING SYSTEM PROJECT - MCDOWELL BOULEVARD NORTH AT SUNRISE PARKWAY WHEREAS, the Petaluma Community Development Commission ("PCDC") staff have prepared construction bid documents and advertised for construction of this Project; and, WHEREAS, in accordance with the City of Petaluma Charter, Municipal Code, California Public Contract Code Section 20688.2 and other applicable law, PCDC staff solicited bids for the Project; and, WHEREAS, the project was bid on May 6, 2009, and five (5) bids were received and opened in accordance with applicable law; and, WHEREAS, the lowest bid for the Project was from W. Bradley Electric, Inc. ("WBE") for $52,400; and, WHEREAS, staff has determined that WBE's bid satisfies the bidding requirements for the Project; and, WHEREAS, staff has verified that WBE possesses a valid California Contractor's License, Class C-10, number 390741 that qualifies WBE to perform the Project; and, WHEREAS, the Project has a Negative Declaration pursuant to the California Environmental Quality Act ("CEQA") pursuant to Article 19, Section 15301, of Title 14 of the California Code of Regulations ("CEQA Guidelines"); and, WHEREAS, in June, 2007, the Petaluma Community Development Commission ("Agency") held a public hearing and adopted the Five-Year Implementation Plan ("Implementation Plan") for the Central Business District Project Area ("CBD") and the Petaluma Community Development Area ("PCD") (collectively, the "Project Areas") in furtherance of the City's adopted Redevelopment Plans for the CBD and PCD; and, WHEREAS, the Implementation Plan provides for the use of $65,000 in tax increment funds for the purpose of funding public improvements that will enhance the economically viable use of buildings, such as Round Walk Village, and that eliminate pedestrian and vehicular hazards, as more particularly described in the Implementation Plan (collectively, "Public Improvements") within the Project Area; and, WHEREAS, completion of the Public Improvement will eliminate blighting conditions in fhe Project Areas because this lighted crosswalk will greatly facilitate crossing McDowell Blvd. for the children from Round Walk Village (129 rental apartments for low-income families), and reduce pedestrian and vehicular hazards; and, WHEREAS, Agency and City staff have explored potential funding sources and determined that aside from $25,000 in funds from Traffic Mitigation Fees, which will be available PCDC Resolution No. 2009-OS Page 1 to undertake the Public Improvements, no other reasonable means of financing the Public Improvements are available to the community; and, WHEREAS, California Health and Safety Code Section 33445 provides that a redevelopment agency may, with the consent of the legislative body, pay for the cost of the construction of improvements which are publicly owned if the legislative body determines all of the following: That the 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. That the payment of funds for the cost of the improvements will assist in the elimination of one or more blighting conditions inside the project area, and. will be consistent with the implementation plan adopted by the redevelopment agency. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City and the PCDC hereby: Adopts the findings stated herein as true and correct. 2. Approves the Project Budget in the amount of $90,000.. 3. In accordance with the City of Petaluma Charter, Municipal Code, California Public Contact Code Section 20688.2 and other applicable law, waives any and all non-conformance in the bid of WBE for the In-Roadway Pedestrian Warning System Project -McDowell Boulevard North at Sunrise Parkway, finds the bid of $52,400 to be the lowest responsive bid and further finds WBE to be the lowest responsible bidder. 4. Awards the contract for the In-Roadway Pedestrian Warning System Project- McDowell Boulevard North at Sunrise Parkway to WBE, in the amount of $52,400, the amount of the lowest responsive bid, conditioned on WBE timely executing the project contract and submitting all required documents, including but not limited to, executed bonds, certificates of insurance, and endorsements, in accordance with the project bid documents. 5. Directs staff to issue a notice of award to WBE. Authorizes and directs the Executive Director to execute the project contract on behalf of the PCDC upon timely submission by WBE of the signed project contract and all other required documents, including but not limited to, executed bonds, certificates of insurance, and endorsements, in accordance with the project bid documents. 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 Project Areas; (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 blighting conditions in the Project Areas; and (iv) completion of the public improvements and the project is consistent with the Implementation Plan adopted for the Project Areas.. PCDC Resolution No. 2009-05 Page 2 8. Authorizes the use of $65,000 in Agency tax increment funds for the .Public Improvements described herein. ADOPTED this 1st day of June, 2009, by the following vote: Commissioner Aye No Absent -Abstain Vice Chair Barrett X Glass X Harris X Healy X Rabbitt X Renee X Chair Torliatt X Pamela Torliatt, Chair ATTEST: Claire Cooper, CMC, Recording cretary APPROVED AS Eric Danly, General~unsel PCDC Resolution No. 2009-05 Page 3