HomeMy WebLinkAbout09-34 - Downtown Project/Authorizing use of Tax Increment Monies for Public Improvements (FY 2008-2009)RESOLUTION NO. 09-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, MAKING FINDINGS
PURSUANT TO HEALTH & SAFETY CODE SECTION
33445 RELATING TO CERTAIN PUBLIC
IMPROVEMENTS WITHIN OR BENEFITING THE COSTA
MESA DOWNTOWN PROJECT AND AUTHORIZING
USE OF TAX INCREMENT MONIES TO PAY FOR THE
INSTALLATION AND CONSTRUCTION OF ALL OR A
PART OF SUCH PUBLIC IMPROVEMENTS (FY 2008-
2009).
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS
FOLLOWS:
WHEREAS, the Costa Mesa Redevelopment Agency, City of Costa Mesa,
California ("Agency") is a community redevelopment agency organized and existing
under the California Community Redevelopment Law, Health & Safety Code Section
33000, et seq. ("CRL") and has been authorized to transact business and exercise the
power of a redevelopment agency pursuant to action the City Council of the City of
Costa Mesa ("City Council"); and
WHEREAS, Agency is engaged in activities necessary and appropriate to carry
out the Redevelopment Plan ("Redevelopment Plan") for the Downtown Costa Mesa
Project ("Project Area") that was adopted by the City Council by Ordinance No. 73-74
on December 24, 1973, and thereafter amended by Ordinance No. 77-27 on July 5,
1977, Ordinance No. 80-22 on November 18, 1980, Ordinance No. 86-24 on December
15, 1986, Ordinance No. 94-15 on November 7, 1994, Ordinance Nos. 03-12 and 03-13
on November 17, 2003, and Ordinance No. 07-13 on June 19, 2007; and
WHEREAS, Agency has the general purpose of redevelopment and the
elimination of blight and the provision of public facilities pursuant to the Redevelopment
Plan and the Agency's Implementation Plan adopted pursuant to CRL Section 33490;
and
WHEREAS, pursuant to CRL Section 33445, Agency is authorized to assist in
the payment for the installation and construction of public improvements within the
Project Area or of benefit to the Project Area; and
WHEREAS, CRL Section 33445 specifically provides, in part, that
notwithstanding Section 33440, an agency may, with the consent of the legislative body,
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 improvement which is publicly
owned either within or without the project area, if the legislative body determines:
(1) That the buildings, facilities, structures, or other improvements are of
benefit to the project area or the immediate neighborhood in which the
project is located, regardless of whether the improvement is within another
project area, or in the case of a project area in which substantially all of
the land is publicly owned that the improvement is of benefit to an
adjacent project area of the agency.
(2) That no other reasonable means of financing the buildings, facilities,
structures, or other improvements, are available to the community.
(3) That the payment of funds for the acquisition of land or the cost of
buildings, facilities, structures, or other improvements will assist in the
elimination of one or more blighting conditions inside the project area or
provide housing for low- or moderate -income persons, and is consistent
with the implementation plan adopted pursuant to Section 33490."; and
WHEREAS, Agency desires to authorize and/or ratify payment for all or all or a
part of the installation, construction and provision of certain public improvements that
are included in the budget for the 2008-2009. fiscal year and are generally described in
Exhibit A attached hereto and fully incorporated by this reference ("Improvements"); and
WHEREAS, as a pre -1976 project area under the CRL the provision of public
improvements is contemplated and authorized in the Redevelopment Plan, as well as
the existing Implementation Plan for the Project, but each improvement is not required
to be provided for in the Redevelopment Plan pursuant to Section 33445; and
WHEREAS, the Improvements are located within the Project Area and are of
benefit to the Project Area and the residents of the Project Area; and
WHEREAS, Agency and City have evaluated all possible funding sources for the
Improvements, including federal, state, and local sources; and
WHEREAS, there are and were no other reasonable means available to Agency
and City to finance the Improvements other than Agency funds; and
WHEREAS, City Council has reviewed evidence, including both oral testimony
and writings, in connection with this matter, and has determined that the foregoing
recitals, and each of them, are true and correct, and further has determined that the
provision of the Improvements is in the best interests of the Agency and the City and the
health, safety, and welfare of its residents, and in accord with the public purposes and
provisions of the CRL and other applicable State and local law requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA
DOES RESOLVE AS FOLLOWS:
Section 1. The City Council finds and determines that: (i) the provision of the
Improvements is of benefit to the Project Area and the neighborhood in which such
Improvements are or will be situated; (ii) no other reasonable means of financing the
Improvements are available to the community; and (iii) the payment of tax increment
funds for the Improvements will assist in the elimination of one or more blighting
conditions within the Project Area and is consistent with the adopted Implementation
Plan.
Section 2 The City Clerk shall certify as to the approval of this Resolution.
PASSED AND ADOPTED this 12th day of May, 2009.
Allan R. Mansoor, Mayor
ATTEST:
Julie Volcik, City dlerk
APPROVED AS TO FORM:
Kimberly Hall Barlow, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing is the original of Resolution No. 09-34 and was duly
passed and adopted by the City Council of the City of Costa Mesa at a regular meeting
held on the 12th day of May, 2009, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
MANSOOR, LEECE, BEVER, MONAHAN
NONE
FOLEY
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 13th day of May, 2009.
JU LCIK, ITY CLERK
(SEAL)
EXHIBIT A
IMPROVEMENTS
(FY 2008-2009)
Public improvements funded or to be funded by Agency with tax increment monies
include:
Vehicle Parking District Improvements
Reconstruction, upgrade of parking
lot/street improvements
SR -55 Gateway Median Improvement
Median improvement to ROW
Lions Park Shelter
_ Reconstruction, upgrades of shelter
improvements
-- Lions Park Ballfield Lighting
Addition of new lighting
Police Substation
Reconstruction, upgrades of
building exterior
Lions Park
Reconstruction, upgrades of restrooms,
new security gates, new dug -out benches
Downtown Recreation Center
Reconstruction, upgrades to building
Neighborhood Community Center
New dance floor
2008-2009
Agency Funding for
Installation and/or Construction
of Public Improvements — Costa
Mesa Downtown Project Area
(Estimated)
$250,000
$60,000
$154,000
$628,000
$33,300
$28,000
$5,000
$10,000
Fire Station #3
Reconstruction, upgrades of building $94,000
exterior and interiors, including restroom,
showers, sleeping quarters,
front apparatus doors, new automated
rear vehicle gate