2007/06/26 City Council Resolution 2007-104RESOLUTION NO. 2007 -104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
MAKING FINDINGS REGARDING FUNDING FOR THE MARTIN AVENUE
STORMWATER PUMP STATION PROJECT — PHASE II
WHEREAS; pursuant to the Community Redevelopment Law of the State of California
(Health and Safety Code Section 33000 et seq.), the Community Development Commission of
the City of Rohnert Park (the "CDC ") is carrying out the Redevelopment Plan for the Rohnert.
Park Redevelopment Project Area (the "Project Area "); and
WHEREAS, the Martin Avenue area, adjacent to Hinebaugh Creek experienced flooding
during the. December 2005 flood event creating the need to construct the Martin Avenue
Stormwater Pump Station Project (the "Project "); and
WHEREAS, interim flood protection measures have been taken as a first Phase of the
Project; and
WHEREAS, Phase II of the Project ( "Phase II ") consists of construction of a new pump
station which will reduce the flooding threat on a long -term basis; and
WHEREAS, the Martin Avenue Area is completely within the Rohnert Park
Redevelopment Project Area ( "Project Area "); and
WHEREAS, Phase II would only serve properties within the Project Area; and
WHEREAS, pursuant to Health and Safety Code Section 33445 ( "Section 33445 "), the
Community Development Commission (the "CDC ") is authorized, with the consent of the City
Council, 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 improvements which are publicly owned
either within or without the Project Area, upon a determination by the City Council that such
buildings, facilities, structures or other improvements are of benefit to the Project Area or the
immediate area in which the Project is located, that no other reasonable means of financing such
buildings, facilities, structures, or other improvements are available to the community, and that
the payment of funds for the cost of such buildings, facilities, structures or other improvements
will assist in the elimination of one or more blighting conditions inside the project area and is
consistent with the CDC's five -year Implementation Plan; and
WHEREAS, Section 33678 of the Community Redevelopment Law provides that the
portion of taxes allocated to the CDC pursuant to Section 33670(b) of the Community
Redevelopment Law ( "Tax Increments ") will not be deemed the receipt or appropriation of
proceeds for the purposes of Article XIII.B. of the California Constitution so long as such Tax
Increments are used for redevelopment activity which primarily benefits the Project Area; and
WHEREAS, Phase II is estimated to cost $1.3 million and under Section 33445, the CDC
is authorized, with the consent of the City Council, to pay for the construction of the Project; and
WHEREAS, $300,000 is available from the Sonoma County Water Agency (SCWA) for
Phase II but no other funds are available; and
WHEREAS, the CDC is being asked to pay the remaining $1.0 million toward Phase II;
and
WHEREAS, advancement of the Community Development Commission Redevelopment
Tax Allocation Bond proceeds ( "Bond Proceeds ") for the construction of Phase II is an
acceptable use of Bond Proceeds; and
WHEREAS, in order to enable the City to undertake the construction of Phase II
for the benefit of the Project Area and as an inducement to the City to do so, the CDC desires to
provide to the City $1.0 million toward the construction of Phase II.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council hereby finds and determines (a) that the Martin Avenue
Stormwater Pump Station Project, Phase II is of primary benefit to the Project Area; (b) that no
other reasonable means of financing the construction of Phase II is available to the community;
and (c) that the payment of funds for the cost of Phase II will assist in the elimination of one or
more blighting conditions inside the Project Area and is consistent with the CDC's five -year
Implementation Plan adopted pursuant to Health and Safety Code Section 33490.
Section 2. The City Council hereby further finds and determines that construction of
Phase II is redevelopment as prescribed in Sections 33020 and 33021of the Community
Redevelopment Law, that Phase II will primarily benefit the Project Area, and that none of the
funds contributed by the CDC used to construct Phase II will be used to pay for employee or
contractual services of any local government agency except for services directly relating to the
construction of Phase II.
Section 3. The City Council hereby authorizes and directs the City Manager or his
designee to take all actions as necessary to accomplish the construction of Phase II and the
payment of a portion of the costs, up to $1 million, of Phase 11 by the CDC.
DULY AND REGULARLY ADOPTED this 26th day of June, 2007.
CITY OF ROHNERT PARK
ATTEST:
Clerk
UV V AL1 -141 A,0
BREEZE: ABSENT MACKENZIE: AYE SMITH: AYE STAFFORD: ABSENT VIDAK- MARTINEZ: AYE
AYES: (3) NOES: (0) ABSENT: (2) ABSTAIN: (0)