HomeMy WebLinkAbout062005 Relocation of 4th Dist Crt of Appeal Facility-Const Prkg Garage_REQUEST FOR
COUNCIL /FINANCING"" °n'�
AUTHORITY /REDEVELOPMENT
AGENCY ACTION
CITY COUNCIL MEETING DATE:
JUNE 20, 2005
TITLE:
RELOCATION OF 4Te DISTRICT
COURT OF APPEAL
FACILITY /CONSTRUCTION OF
PARKING GARAGE
CITY MANAGER
RECOMMENDED ACTION
CITY COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
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APPROVED/ 7: b
I2.ps Recommended
�] As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2 "d Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Authorize the City Manager and Clerk of the Council to execute a
revised Purchase and Sale Agreement, and related documents, and
approve the actions necessary 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 a second 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
(� $6.0 million.
3. Adopt a resolution authorizing and directing the execution of certain
�a L� lease financing documents related to construction of the parking
fj0 garage, and authorizing and directing certain actions with respect
thereto.
SANTA ANA FINANCING AUTHORITY ACTION
Adopt a resolution authorizing and directing the execution of certain lease
financing documents related to construction of the parking garage, and
authorizing and directing certain actions with respect thereto.
Fourth District Court of Appeal
June 20, 2005
Page 2
REDEVELOPMENT AGENCY ACTION
Adopt a resolution authorizing and directing the execution of
reimbursement agreement in connection with certain financing proceedings
by the City of Santa Ana and approving related documents and official
actions.
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
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 a nominal
fee. 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. Under that agreement, Gordon & Williams is
responsible for designing the garage and administering demolition and'
construction contracts for the project. On February 7, 2005 the City Council--
approved an amendment to the agreement for a total cost of $5.21 million.
After final negotiation with State of California for the proposed Appellate
4.A. - 5
^Qurth District Court of Appeal.:'
ane 20, 2005
Page 3
Court, the scope and costs of the project has expanded, and a second
amendment is necessary to enhance the scope of work to cover the $6.0
million in construction costs. Upon approval by the State Public Works Board
(PWB) and the State Judicial Council, 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 October 2006. The State plans to begin construction of the
courthouse facility by early spring 2007 and move the court personnel into
their new permanent home in the Santa Ana Civic Center by Fall 2006.
The design, construction and financing of the parking garage are estimated
to cost a total of $6 million, in order to complete the financing, the firm
of Quint and Thimmig will serve as bond counsel and Northcross, Hill & Ach
will perform financial advisor services. Upon project approval by the
State, the City would seek competitive lease - purchase financing quotes in
an amount not to exceed five percent.
_.iSCAL IMPACT
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:
utive Director
is Works Agency
tric Whitake'
>_cuti e Director
Community Development Agency
/Francisco Gutierrez
(/ Executive Director, Finance and
Management Services
4.A. -6
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SANTA ANA
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P A� A � mH � COuar o ��E
RESOLUTION NO. CRA 2005- 004
A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF SANTA ANA AUTHORIZING AND DIRECTING THE
EXECUTION AND DELIVERY OF A REIMBURSEMENT AGREEMENT
IN CONNECTION WITH CERTAIN FINANCING PROCEEDINGS OF THE
CITY OF SANTA ANA, AND APPROVING RELATED DOCUMENTS AND
OFFICIAL ACTIONS
BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF SANTA ANA AS FOLLOWS:
Section 1. The Community Redevelopment Agency of the City of Santa Ana (the
"Agency ") hereby finds, determines and declares as follows:
A. The City of Santa Ana (the "City "), working together with the Santa Ana
Financing Authority (the "Authority "), is proposing to proceed with a lease
financing;
B. The City proposes to finance the costs of the construction of a parking
structure on City -owned property located adjacent to the proposed State
Appellate Court Building in Santa Ana, California (the "Improvements ");
C. For the purpose of obtaining the moneys required for such purposes, the
City proposes to lease certain real property and the Improvements to be
constructed thereon (collectively, the "Property "), to the Authority and to
lease the Property back from the Authority under a lease agreement (the
"Lease Agreement "), the payments under which will be assigned to one or
more purchasers to be determined; and
D. The documents below specified have been filed with the Agency and the
members of the Agency, with the aid of its staff, have reviewed said
documents;
Section 2. The Agency hereby approves a reimbursement agreement, by and
between the City and the Agency, pursuant to which the Agency will agree to reimburse
the City, from tax increment revenues allocated to the Agency's Central City
Redevelopment Project, for the payments to be made by the City under the Lease
Agreement, in substantially the form on file with the Secretary, together with any
changes therein or additions thereto deemed advisable by the Chairperson, the
Executive Director or the Treasurer, whose execution thereof shall be conclusive
evidence of the approval of any such changes or additions. The Chairperson, the
Executive Director or the Treasurer is hereby authorized and directed for and in the
name and on behalf of the Agency to execute, and the Secretary is hereby authorized
and directed to attest to, the final form of the foregoing document.
4.A. — 8 Resolution No. CRA 2005-004 1 of
Section 3. The Chairperson, the Executive Director, the Treasurer, the Secretary
and all other officers of the Agency are each authorized and directed in the name and
on behalf of the Agency to make any and all assignments, certificates, requisitions,
agreements, notices, consents, instruments of conveyance, warrants and other
documents, which they or any of them might deem necessary or appropriate in order to
consummate any of the transactions contemplated by the documents approved
pursuant to this Resolution. Whenever in this Resolution any officer of the Agency is
authorized to execute or countersign any document or take any action, such execution,
countersigning or action may be taken on behalf of such officer by any person
designated by such officer to act on his or her behalf in the case such officer shall be
absent or unavailable.
Section 4. This Resolution shall take effect immediately upon its adoption by the
Agency, and the Secretary of the Agency shall attest to and verify the vote adopting this
Resolution.
ADOPTED this 20th day of June, 2005.
APPROVED AS TO FORM:
Joseph W. Fletcher, Agency Counsel
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Agency members
Agency members
Agency members
Agency members
Miguel A. Pulido
Chairperson
CERTIFICATION OF ATTESTATION AND ORIGINALITY
Resolution No. CRA 2005 -004
Page 2 of 3 4.A. - 9
I, PATRICIA E. HEALY, Secretary of the Authority, do hereby attest to and certify
the attached Resolution No. 2005 -004 to be the original a resolution duly adopted by
the Santa Ana Financing Authority on the 20th day of June, 2005.
Date:
Agency Secretary
4. ^ • _ 1 0 Resolution No. CRAage 3 004