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HomeMy WebLinkAbout2011-012 - Construction Improvements to the Downtown Parking Garages/Lots3-2-11 LES RESOLUTION NO. 2011-012 A RESOLUTION OF THE CITY COUNCIL OF SANTA ANA APPROVING A COOPERATIVE AGREEMENT REGARDING CONSTRUCTION IMPROVEMENTS TO THE DOWNTOWN PARKING GARAGES/LOTS WITH THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AND MAKING CERTAIN FINDINGS PURSUANT TO SECTION 33445 OF THE HEALTH & SAFETY CODE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Community Redevelopment Agency of the City of Santa Ana (hereinafter referred to as the "Agency") is engaged in activities necessary to execute and implement the Redevelopment Plan for the Merged Project Area (the "Redevelopment Plan"), in the area known as the Central City Project Area. B. The Agency and City of Santa Ana (the "City") wish to cooperate with one another to bring about the redevelopment of the Project Area and accomplish various tasks set forth in the Redevelopment Plan and the Implementation Plan. C. Pursuant to Section 33220 of the Community Redevelopment Law (Health and Safety Code section 33000, et seq.) (the "CRL") certain public bodies, including the City may aid and cooperate in the planning, undertaking, construction, or operation of redevelopment projects. D. The Agency and City have prepared a Cooperative Agreement (the "Agreement") to provide for the implementation of certain projects pertaining to the parking garages/lots within the Central City Project Area. (the "Projects"), and to make payments by the Agency to the City to reimburse the City for the cost to the City for performing its obligations thereunder. E. Section 33445 of the Health & Safety Code, part of the California Redevelopment Law, provides that the Agency may pay for all or part of the cost of installation and construction of any building, facility, structure or other improvement which is publicly owned either within or without the project area, upon the consent of the City Council of the City of Santa Ana Resolution No. 2011-012 Page 1 of 4 ("City"), if the following findings can be made: 1. That the public improvement is of benefit to the project area or the immediate neighborhood in which the project is located; 2. That no other reasonable means of financing the public improvement is available to the community; and 3. That the payment of funds for the cost of the public improvement will assist in the elimination of one or more blighting conditions inside the project area. F. The City is the owner of numerous parking structures in the City's Downtown. These parking structures are located within the Central City Project Area. The structures are in need of capital improvements, architectural upgrades for structural efficiency, ADA compliance, and addition of new security systems and installation of operational equipment. G. The City further desires to add to the design efforts for the four structures with the implementation of the way-finding sign program for the Downtown including construction of signage for the parking structures and public surface parking lots. H. The publicly owned improvements to be made to the parking structures will be of benefit to the merged Project Area (and the Central City Project Area) as well as benefit the immediate neighborhood and all patrons of the Downtown. This finding is supported by the fact that public improvements in general facilitate the removal of blight and help create a safe, more cohesive and economically dynamic community. Public safety improvements eliminate blight, improve traffic flow, increase the safety of residents, create and promote business attraction and retention in the Downtown. The City, public and business community will significantly benefit from the proposed Projects. These public improvements will beautify public streets, promote business, and improve public infrastructure necessary to spur economic revitalization in the Project Area. 1. The City determines that it lacks funds to pay for the Project at this time, and there are no other reasonable means of financing said improvements. It has been difficult for the City, by itself, to provide sufficient funds to support the construction of major public improvements. The limited resources of the City's General Fund are committed to previously incurred obligations and planned projects. J. The Agency approved the sale and issuance of tax allocation bonds which included approximately Six Million One Hundred Thousand ($6,100,000) dollars in new debt to finance the proposed Projects. Further, Resolution No. 2011-012 Page 2 of 4 there are 2003 bond proceeds from the South Main Project Area (approximately $2,800,000) which can be used for this capital improvement/construction project, as well as $900,000 from the merged project capital fund which can be of benefit to the Merged Project Area. The actions recommended provide an opportunity to affirm the use of bond proceeds pursuant to the Official Statement and budgeted capital project funds for the improvements mentioned herein. K. The City further finds and determines that the payment of funds for the construction of the publicly owned improvements is consistent with the Implementation Plan adopted pursuant to Health and Safety Code Section 33490. L. The City finds that it is in the best interests of the City and the common benefit of residents, employees, business tenants and property owners within the Project Area and the City as a whole for the Projects to be developed and constructed. M. The City Council has received and heard all oral and written objections to the proposed payments by the Agency to the City for the Projects as described in the Agreement, and to other matters pertaining to this transaction, and all such oral and written objections are hereby overruled. N. The City Council hereby finds and determines that the foregoing findings are true and correct. Section 2. The City Council hereby consents to the payment by the Agency of up to $9,500,000.00 in Agency funds from the Merged Project Area as well as bond funds for these publicly owned improvements, in accordance with that certain Cooperative Agreement to be executed between the Agency and the City. Section 3. The City Manager is hereby authorized to take all steps, and to sign all documents and instruments necessary to implement and carry out the Resolution and Cooperative Agreement on behalf of the City. Section 4. The Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 71h day of March 2011. r Miguel A. Rulido Mayor Resolution No. 2011-012 Page 3 of 4 APPROVED AS TO FORM: Joseph Straka, City Attorney f By: ti. C -f? Lisa E. Storck Assistant City Attorney AYES: Councilmembers: Alvarez Benavides Bustamante, Martinez Pulido Sarmiento Tinaiero (7) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: None (0) CERTIFICATION OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2011-012 to be the original resolution adopted by the City Council of the City of Santa Ana on March 7, 2011. Date: Clerk of Council City of Santa Ana Resolution No. 2011-012 Page 4 of 4