HomeMy WebLinkAbout12-26 - Approving Change Order No.2 and 3 to Davis Field ProjectRESOLUTION NO. 12-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ACTING AND
SERVING AS SUCCESSOR AGENCY TO THE COSTA
MESA REDEVELOPMENT AGENCY, APPROVING THE
CHANGE ORDER NOS. 2 AND 3 TO THE DAVIS FIELD
PROJECT; AND MAKING OTHER FINDINGS IN
CONNECTION THEREWITH.
WHEREAS, the Costa Mesa Redevelopment Agency ("Agency") was established
as a redevelopment agency that was previously organized and existing under the
California Community Redevelopment Law, Health and Safety Code Section 33000, et
seq. ("CRL"), and previously authorized to transact business and exercise powers of a
redevelopment agency pursuant to action of the City Council of the City of Costa Mesa
("City'); and
WHEREAS, Assembly Bill x1 26 added Parts 1.8 and 1.85 to Division 24 of the
California Health & Safety Code, which laws cause the dissolution and wind down of all
redevelopment agencies ("Dissolution Act'); and
WHEREAS, on December 29, 2011, in the petition California Redevelopment
Association v. Matosantos, Case No. S194861, the California Supreme Court upheld
the Dissolution Act and thereby all redevelopment agencies in California were dissolved
as of and on February 1, 2012 under the dates in the Dissolution Act that were reformed
and extended thereby; and
WHEREAS, the Agency is now a dissolved redevelopment agency pursuant to
the Dissolution Act; and
WHEREAS, by a resolution considered and approved by the City Council at an
open public meeting the City chose to become and serve as the "Successor Agency' to
the dissolved Agency under the Dissolution Act; and
WHEREAS, as of and on and after February 1, 2012, the City serves and acts as
the Successor Agency and is performing its functions as the successor agency under
the Dissolution Act to administer the enforceable obligations of the Agency and
otherwise unwind the Agency's affairs, all subject to the review and approval by a
seven -member oversight board ("Oversight Board"); and
WHEREAS, Section 34179 provides that the Oversight Board has fiduciary
responsibilities to holders of enforceable obligations and the taxing entities that benefit
from distributions of property tax and other revenues pursuant to Section 34188 of Part
1.85 of the Dissolution Act; and
WHEREAS, on June 21, 2011 the City awarded a construction contract in the
amount of $309,066.25 to RMF Contracting, Inc., dba R&M Electrical Contracting
("R&M"), for the Lions Park (Davis Field) Sports Lighting Project at 570 West 18th
Street, Costa Mesa, City Project No 11-06 ("Davis Field Project'); and
WHEREAS, prior to enactment of the Dissolution Act on March 8, 2011, the
Agency and City entered into a Cooperation Agreement that authorized redevelopment
tax increment funding of certain public improvements, including the Davis Field Project;
and
WHEREAS, the scope of improvements and public works included installation of
new energy-efficient sports field lighting, a new outfield fence, and new baseball netting
along first and third bases; and
WHEREAS, the construction work has been completed and the Davis Field
Project is in the close-out and acceptance phase; and
WHEREAS, during undertaking of the Davis Field Project, three change orders
have been necessary to address actual field conditions: (1) Change Order No. 1
allowed for the upgrade of the light poles closest to home plate to take the additional
load of the baseball netting and it has been previously approved and funded during the
Davis Field Project construction, (2) Change Order No. 2 was issued to add a midrail to
the 15 -ft high fencing to prevent sagging of the fabric, and (3) Change Order No. 3
includes repair of existing improvements affected by the construction of the project and
final quantity adjustments to reflect measured field quantities; and
WHEREAS, the Successor Agency has reviewed the requested Change Order
Nos. 2 and 3 and by this Resolution desires to approve change orders to the Davis Field
Project and to submit Change Order Nos. 2 and 3 to the Oversight Board for review and
approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL ACTING AND
SERVING AS THE SUCCESSOR AGENCY OF THE COSTA MESA
REDEVELOPMENT AGENCY:
Section 1. The foregoing recitals are incorporated into this Resolution by this
reference, and constitute a material part of this Resolution.
Section 2. Pursuant to the Dissolution Act, the Successor Agency approves Change
Order Nos. 2 and 3 to the Davis Field Project, attached hereto as Attachment No. 1 and
incorporated by this reference.
Section 3. The Successor Agency shall submit to the Oversight Board for its review
and authorization Change Order Nos. 2 and 3 to the Davis Field Project and when/if so
authorized, then shall submit this Resolution and Change Order Nos. 2 and 3 to the
Davis Field Project to the County Auditor -Controller ("CAC"), the State Department of
Finance ("DOF"), and the State Controller's Office ("SCO").
Section 4. The Assistant Finance Director or her authorized designee is directed to
post this Resolution and Change Order Nos. 2 and 3 to the Davis Field Project on the
City/Successor Agency website.
Section 5. This Resolution shall be effective after the Oversight Board's approval and
thereafter the transmittal of this Resolution with Change Order Nos. 2 and 3 attached, to
the DOF and the expiration of three (3) business days pending a request for review by
the DOF within the time periods set forth in the Dissolution Act; in this regard, if the DOF
requests review hereof it will have 10 days from the date of its request to approve the
Oversight Board's action or return it to the Oversight Board for reconsideration and the
action, if subject to review by DOF, will not be effective until approved by DOF.
Section 6. The Acting Deputy City Clerk acting on behalf of the Successor Agency
shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 10th day of April 2012.
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Eric R. Bever, Mayor on behalf of
Successor Agency
ATTEST: APPROVED AS TO FORM:
Christine Cordon, Acting Deputy Thoniasbuafre, City Attorney on behalf of
City Clerk on behalf of Successor Agency
Successor Agency
s+
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, CHRISTINE CORDON, Acting Deputy City Clerk of the City of Costa Mesa; DO
HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 12-26
and was duly passed and adopted by the City Council of the City of Costa Mesa serving
as Successor Agency at a special meeting held on the 10th day of April, 2012, by the
following roll call vote, to wit:
AYES: COUNCIL MEMBERS: BEVER, RIGHEIMER, LEECE, MENSINGER,
MONAHAN
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 11th day of April, 2012.
(4
CHRISTINE CORDON, ACTING DEPUTY
CITY CLERK ON BEHALF
OF SUCCESSOR AGENCY
(SEAL)