HomeMy WebLinkAbout3 - RELOCATION 4TH DISTRICT COU
REQUEST FOR ~~
COUNCIL/SANTA ANA ~
FINANCING AUTHORITY ACTION
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JANUARY 3, 2005
TITLE:
RELOCATION OF 4TH DISTRICT
COURT OF APPEAL FACILITY
APPROVED
0 As Recommended
0 As Amended
0 Ordinance on 1 sl Reading
0 Ordinance on 2nd Reading
0 Implementing Resolution
0 Set Public Hearing For
~~~~
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
CITY COUNCIL ACTION
1. Authorize the City Manager and Clerk of the Council to execute a
Purchase and Sale Agreement, and related documents, for the sale of
approximately two acres of Civic Center land to the California
Judicial Council for construction of a new facility to house Division
Three of the California Fourth District Court of Appeal.
2. Direct the City Attorney to prepare and authorize the City Manager
and Clerk of the Council to execute an amendment to the professional
services agreement with Gordon & Williams, Inc. to provide program
management service for construction of the replacement parking garage
for an approximate total project cost of $5.21 million.
CITY COUNCIL/SANTA ANA FINANCING AUTHORITY ACTION
Approve the terms of a 15 year lease-purchase agreement with Sun Trust
Leasing Corporation to finance a portion of the cost of a City-developed
parking garage to provide approximately 300 spaces for Court of Appeal
parking and public parking to replace those displaced by the new
development.
DISCUSSION
The Fourth District Court of Appeal, based in San Diego, is the intermediate
state appellate court serving Santa Ana and Orange County. Division Three of
that court was established in 1982 to provide justices and facilities to
directly serve Orange County. Since its establishment, Division Three has
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Public Hearing - Paramedic Fees
January 3, 2005
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been located in Santa Ana. Originally housed in a commercial office building
on Santa Ana Boulevard, the Court is currently located in a facility at 925
N. Spurgeon Street in the Midtown Area.
Division Three has now outgrown its Spurgeon Street courthouse and is
seeking a new permanent location. A county-wide search conducted by the
California Judicial Council resulted in the selection of a two acre site at
the northwest corner of Santa Ana Boulevard and Ross Street in the Santa Ana
Civic Center. (See Exhibit 1) The site is now occupied by the vacant
temporary city jail and a portion of the City Hall parking lot.
Under the terms of the proposed purchase and sale agreement, the City will
sell the site for the courthouse to the State of California for $2.3
million. Further, the City will be responsible for the demolition of the
vacant jail facility and the preparation of the site for the State-funded
construction. The City will also construct a 300 space parking garage in
front of City Hall. This new garage will provide approximately 70 spaces
dedicated to Courthouse operations and personnel, with the balance of the
spaces designed to accommodate the parking stalls displaced by the
courthouse construction. As the agreement is one that is prepared by the
State, it is recommended that the Council approve this agreement with the
provision that non-substantive changes to the terms and conditions may be
authorized by the City Manager and the City Attorney.
In 2002, in anticipation of this project, the City Council approved a
program management agreement with the parking garage design and construction
firm of Gordon & Williams for $2.54 million. Under that agreement, Gordon &
Williams is responsible for designing the garage and administering
demolition and construction contracts for the proj ect. As the scope and
costs of the original proj ect has expanded, an amendment is necessary to
enhance the scope of work to cover the $5.21 million in construction costs.
The Purchase and Sale Agreement is scheduled to be considered by the State
Public Works Board (PWB) at its meeting of February 4, 2005. If the
agreements are approved by the City and the PWB, escrow will be scheduled to
close on or before May 4, 2005. In the meantime, Gordon & Williams, under
the supervision of the Public Works Agency, will immediately begin preparing
plans and specifications for the garage and be prepared to contract for
demolition and site clearance.
It is anticipated that the parking garage will be completed in 13 months, or
approximately March 2006. The State plans to begin construction of the
courthouse facility by early Summer 2006 and move the court personnel into
their new permanent home in the Santa Ana Civic Center by Fall 2007.
The design, construction and financing of the parking garage are estimated
to cost a total of $5.3 million, with nearly half of that amount being
covered by the sale of the site to the State. The balance will be financed
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Public Hearing - Paramedic Fees
January 3, 2005
Page 3
over 15 years through the proposed lease-purchase financing agreement with
Sun Trust Leasing Corporation. The estimated maximum annual lease payment
for the garage is $298,600 based upon a maximum interest rate of 4.6
percent.
FISCAL IMPACT
Under the terms of the agreement, the City will receive $2.3 million in
land sales proceeds. The balance of the funds for construction of the
parking garage and preparation of the courthouse development site will be
generated from the financing and available in the capital projects account
for the Civic Center Parking Structure Project (account no. 51-012-6621,
Project No. 2740).
CONCUR:
APPROVED AS TO FUNDS AND ACCOUNTS:
~~~~0 ~
Francisco Gutierrez
Executive Director, Finance and
Management Services
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ROSS
ANNEX
(N.T.S.)
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EXISTING
STATE
BUILDING
EXHIBIT 1
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SANTA ANA
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CITY COUNCL
AGENDA DATE:
JAMJAFf( 3. 2005
Title:
CMC CENTER PARKING STRUCTURE
AND 4TH DISTRICT COURT OF APPEALS
PI8.£ _s >ŒIICT
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-----Original Message-----
From: Ham, Clifford [mailto:Clifford.Ham@jud.ca.gov]
Sent: Tuesday, December 28, 2004 6: 14 PM
To: Fletcher, Joe; Dave Ream (E-mail)
Cc: Bill Bacon (E-mail); Gary Mangham (E-mail); Davis, Kim; McConnell, Judith; Miessner, Leslie;
Andy Guilford (E-mail); Dean Zipser (E-mail); Fybel, Richard; Jess Araujo (E-mail); Jess Araujo's
Assistant; Kelly, Steve; Marion Bergeson (E-mail); Nohavec, Joyce; O'Leary, Kathleen;
Rylaarsdam, William; Sills, David
Subject: AOC - Court of Appeal - acquisition agreement - City Council agenda for January 3,
2004
Dave and Joe: On behalf ofthe Administrative Office of the Courts, I want to thank you
and your staff for the diligent work during the past months on the acquisition agreement
for the civic center site, however we request that you delay consideration by the City
Council of the acquisition agreement and the related construction contract for the parking
structure, and not place these items on the agenda for the January 3,2004 council
meeting.
Although we have been working consistently over the last weeks to resolve the
acquisition, at this time the Administrative Director of the Courts has not taken the
acquisition agreement to the Judicial Council for approval, and we do not know when a
decision will be made on this matter.
I sincerely apologize for the lateness ofthis request; I hope that you understand that it is
best to postpone action on the acquisition until the Judicial Council has acted.
Please feel free to call Kim Davis or me if you have any questions. I will certainly keep
you informed on any changes to the situation.
Yours truly,
~~~.
Clifford Ham
Senior Project Manager
Office of Court Construction and Management
Judicial Council of California - Administrative Office of the Courts
455 Golden Gate Avenue
San Francisco, CA 94102-3688
415-865-7550, Fax 415-865-8885, clifford.ham@jud.ca.gov
www.courtinfo.ca. gOY /programs/ occm
"Serving the courts for the benefit of all Californians"
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