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HomeMy WebLinkAboutRA 2011-003am RESOLUTION NO. RA 2011-003 RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF ATASCADERO, CALIFORNIA, IRREVOCABLY ALLOCATING FUNDS FOR COMPLETION OF THE AGENGY IDENTIFIED BLIGHT ELIMINATION PROJECTS WHEREAS, the City Council for the City of Atascadero (the "City") has adopted the Redevelopment Plan for the Project Area (the "Redevelopment Plan"), and, WHEREAS, the Community Redevelopment Agency of Atascadero (the "Agency") and the Agency Board of Directors ("Board") is vested with responsibility pursuant to the Community Redevelopment Law (Part 1 of Division 24 of Health and Safety Code of the State of California) (the "Law") to implement the Redevelopment Plan in the Project Area, and, WHEREAS, the governing Board of the Agency has identified a list of priority blight elimination projects within the City (Project List) for the Agency; and, WHEREAS, the Agency has commenced or will soon commence construction on each of am the Projects of the Project List; and, WHEREAS, the Project List consists of the following Projects, hereinafter known collectively as "Projects" Wayfinding Signage Downtown Pedestrian Bridge Downtown Parking Downtown Restrooms Commercial Property Purchase Archway Sign Creek Trail Extension Creek Improvements Maiden Statue Restoration Downtown Streetscape Downtown Lighting Projects Lewis Ave Bridge WHEREAS, the Wayfinding Signage Project listed in the Project List provides for plans and construction of the Wayfinding Program including downtown pedestrian signs, one entrance (to the City) sign, and one monument sign to enhance pedestrian and motor traffic navigation in the downtown area and is included in the Redevelopment Project Area, and, Community Redevelopment Agency of Atascadero Resolution No. RA 2011-003 Page 2 of 8 WHEREAS, the Wayfindmg Signage Project listed in the Project List has been a priority for the Agency governing Board and has been funded in two of the three previous two-year budget cycles, and, WHEREAS, the Wayfindmg Signage Project listed in the Project List was ranked by the Agency governing Board in June, 2010, as the number one priority of all outstanding projects, and, WHEREAS the Downtown Pedestrian Bridge Project listed in the Project List provides for the design and construction of a pedestrian bridge across Atascadero Creek from Colony Square to the Sunken Gardens to enhance pedestrian and reduce motor traffic in the downtown area and is included in the Redevelopment Project Area, and, WHEREAS the Downtown Pedestrian Bridge Project listed in the Project List has been a priority for the Agency governing Board and has been funded in a previous two-year budget cycle, and, WHEREAS, the Downtown Pedestrian Bridge Project listed in the Project List was ranked by the Agency governing Board in June, 2010, as the number two priority of all outstanding projects, and, WHEREAS, the Downtown Pedestrian Bridge Project listed in the Project List has construction documents that are approximately 90% complete, and, WHEREAS, the Downtown Parking Project listed in the Project List provides for the design and construction of parking improvements identified in the Downtown Parking Study of 2006 and whose purpose is to enhance business and tourism and eliminate blight in the downtown area which is included in the Redevelopment Project Area, and, WHEREAS the Downtown Parking Project listed in the Project List has been a priority for the Agency governing Board and has been funded in three previous two-year budget cycles, and, WHEREAS, the Downtown Parking Project listed in the Project List was ranked by the Agency governing Board in June, 2010, as the number three priority of all outstanding projects, and, WHEREAS, the Downtown Restroom Project listed in the Project List provides for the design and construction of public restroom facilities in the Downtown area to enhance business e Community Redevelopment Agency of Atascadero Resolution No. RA 2011-003 Page 3 of 8 and tourism, improve sanitation and eliminate blight in the downtown area which is included in the Redevelopment Project Area, and, WHEREAS, the Downtown Restroom Project listed in the Project List was ranked by the Agency governing Board in June, 2010, as the number four priority of all outstanding projects, and, WHEREAS, the Commercial Property Purchase Project listed in the Project List provides for the purchase of property in the Redevelopment Area to encourage investment and development and to eliminate blight in the Redevelopment Project Area, and, WHEREAS, the Commercial Property Purchase Project listed in the Project List has been a priority for the Agency governing Board and has been funded in two of the three previous two- year budget cycles, and, WHEREAS, the Commercial Property Purchase Project listed in the Project List was ranked by the Agency governing Board in June, 2010, as the number five priority of all outstanding projects, and, WHEREAS, the Archway Sign Project listed in the Project List provides for the construction of an archway sign as part of the larger Downtown design. The Sign has been fully designed and replicates an historic sign that previously existed Downtown and whose purpose is to enhance business and tourism and eliminate blight in the downtown area which is included in the Redevelopment Project Area, and, WHEREAS the Archway Sign Project listed in the Project List has been a priority for the Agency governing Board and has been funded in two of the three previous two-year budget cycles, and, WHEREAS, the Archway Sign Project listed in the Project List was ranked by the Agency governing Board in June, 2010, as the number seven priority of all outstanding projects, and, WHEREAS, the Creek Trail Extension Project listed in the Project List provides for the design and construction of an extension of the Atascadero Creek trail from the Downtown area to the City's new Colony Park Community Center to enhance pedestrian traffic between the two endpoints while promoting a pedestrian -friendly green community and the elimination of blight in the downtown area which is included in the Redevelopment Project Area, and, Community Redevelopment Agency of Atascadero Resolution No. RA 2011-003 Page 4 of 8 WHEREAS, the Creek Trail Extension Project listed in the Project List was ranked by the Agency governing Board in June, 2010, as the number eight priority of all outstanding projects, and, WHEREAS, the Creek Improvements Project listed in the Project List provides for creek clean up, bank stabilization, and aesthetics to enhance the downtown area and is included in the Redevelopment Project Area, and, WHEREAS, the Creek Improvements Project listed in the Project List has been a priority for the Agency governing Board and has been funded in the three previous two-year budget cycles, and, WHEREAS, the Maiden Statue Restoration Project listed in the Project List provides for the restoration, relocation, and re -installation of the historic Maiden Statue This Statue is also known as the Wrestling Bacchantes and was created by the Italian artist Petrilla and exhibited at the 1904 World's Fair by the Italian Government. Atascadero's Founder, E G Lewis, purchased it for display in the Civic Center It was located in the City's downtown and included in the Redevelopment Project Area at the time that it was transported to Cambria, California for restoration, and, WHEREAS, the Maiden Statue Restoration Project listed in the Project List has been a priority for the Agency governing Board and has been funded in the three previous two-year budget cycles, and, WHEREAS, the Downtown Streetscape Project listed in the Project List provides for the design and construction of decorative sidewalk and bridge railings, decorative lighting, and street paving within the downtown core to enhance safety, improve transportation and eliminate blight which is a priority goal included in the Redevelopment Area goals, and, WHEREAS, the Downtown Streetscape Project listed in the Project List is the third and last phase to complete the project, and, WHEREAS, the Downtown Streetscape Project listed in the Project List has been a priority for the Agency governing Board and the various phases have been funded in the five previous two-year budget cycles, and, WHEREAS, the Downtown Streetscape Project listed in the Project List is fully designed and has gone out to bid, bids were rejected by the City Council and will go out to bid a second am time, and, Community Redevelopment Agency of Atascadero Resolution No. RA 2011-003 Page 5 of 8 WHEREAS, the Downtown Streetscape Project listed in the Project List received ... appropriated grant funding from the Federal American Recovery and Reinvestment Act in the amount of $685,000, and, WHEREAS, the Downtown Lighting Project listed in the Project List provides for the design and construction of decorative lighting and power outlet improvements throughout the downtown area to enhance tourism, improve safety and eliminate blight fronting properties throughout the downtown core which is a priority goal included in the Redevelopment Area goals, and, WHEREAS, the Downtown Lighting Project listed in the Project List has been a priority for the Agency governing Board and has been funded in the three previous two-year budget cycles and, WHEREAS, the Agency has expended over $75,000 over the last 5 years on the Downtown Lighting Project listed in the Project List, and, WHEREAS, the Lewis Avenue Bridge Project listed in the Project List provides for the required contractual Atascadero Creek maintenance and vegetation control necessary as a result of the recent construction of the Lewis Avenue Bridge over the Atascadero Creek within in the Redevelopment Area to enhance pedestrian and motor traffic in and around the Downtown Area and to eliminate blight in the Redevelopment Project Area, and, WHEREAS, the Agency contributed significant funding for the construction of the Lewis Avenue Bridge Project and the required creek maintenance is a condition of that Project, and, WHEREAS, the Lewis Avenue Bridge Project listed in the Project List has been a priority for the Agency governing Board and has been funded in the three previous two-year budget cycles, and, WHEREAS, the facilities in the Project List upon their completion will be owned and operated by the City; and, WHEREAS the City lacks sufficient capital or general funds available which could be used to fully fund the Projects and bring them to completion and it is not practical to arrange for assessment district, City -paid bond issue, or similar financing for the Projects, and, WHEREAS, the Projects will address the goals and objectives of the Redevelopment Plan for the Project Area and will be of benefit to the Project Area in that the Projects will attract Community Redevelopment Agency of Atascadero Resolution No. RA 2011-003 Page 6 of 8 additional tourists, assist with improving physical aesthetics, deter crime, stimulate additional desired activity in the Project Area, and alleviate blighting conditions in the Project Area, and, WHEREAS, the Projects are consistent with and will promote the Agency's Implementation Plan, and, WHEREAS, the Agency intends to provide funding ("the Agency Funds") to assist the City with the cost of the Projects because the Projects will directly benefit the Project Area, and, follows WHEREAS, the estimated cost of the individual Projects on the Project List are as Wayfinding Signage Downtown Pedestrian Bridge Downtown Parking Downtown Restrooms Commercial Property Purchase Archway Sign Creek Trail Extension Creek Improvements Maiden Statue Restoration Downtown Streetscape Downtown Lighting Projects Lewis Ave Bridge Total Projects Cost $ 168,000 1 680 000 840 000 672 000 2 050 000 720 000 1 512 000 150 000 51 590 252 820 72 200 8 210 $ 8 176 820 and WHEREAS, pursuant to Health and Safety Code Section 33445, the Agency may, with the consent of the City Council, pay part or all of the cost of the construction of the Project if the Board and the City make certain specified findings, and, and, WHEREAS, the construction of the Project conforms to the General Plan of the City; WHEREAS, the City lacks sufficient capital or general funds available which could be used to undertake the Project and bring it to completion and it is not practical to arrange for assessment district, City -paid bond issue or any other similar financing for the Project; and, WHEREAS, the Agency may enter into a binding contract ("Contract") with the City pursuant to which the Agency will irrevocably commit the Agency Funds to the Projects, and, WHEREAS, a staff report (the "Staff Report," incorporated herein by reference), which sets forth facts supporting the findings made in this resolution pursuant to Section 33445 of the Health and Safety Code, has been prepared to accompany this resolution, and, Community Redevelopment Agency of Atascadero Resolution No. RA 2011-003 Page 7 of 8 WHEREAS, pursuant to Health and Safety Code Section 33445 the Agency may, with a,r,,, the consent of the City, pay part or all of the cost of the construction of the Project if the Board and the City make certain specified findings. NOW, THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of Atascadero 1 That the Board hereby finds and determines that. (a) the Projects will be of benefit to the Project Area, (b) no other reasonable method of financing the gap between the total cost of the Projects and the funds available to the City is available to the community; (c) the Projects will assist in the elimination of one or more blighting conditions inside the Project Area, and (d) Agency assistance for the Projects is consistent with the Agency's current Implementation Plan. The factual and analytical basis used by the Agency in making these findings and determinations is set forth in the Staff Report, and materials regarding the Project provided to the Agency 2 That the Agency reaffirms its financial commitment to the Projects and desires that the Projects move forward in a manner that will most effectively provide the foregoing benefits to the Project Area. 3 The Board directs the Executive Director of the Agency to execute the Contract with the City irrevocably committing the Agency Funds to the City for the Projects and requiring that the Agency Funds be held in a separate account. 5 The Board approves the expenditure of Agency Funds as set forth in the Contract, between the Agency and the City and submitted to the Agency in connection with consideration of this Resolution. 6 The Agency hereby authorizes the Executive Director of the Agency to segregate a total sum of eight million one hundred seventy-six thousand eight hundred twenty dollars ($8,176,820 00), within the Agency's accounts to be held in a separate account ("Blight Elimination Projects Fund") upon execution of the Contract governing the use of and accounting for the Agency Funds IT IS FURTHER RESOLVED AND ORDERED that this resolution will become r effective January 14, 2011 upon the approval by the Agency's Board of Directors Community Redevelopment Agency of Atascadero Resolution No. RA 2011-003 Page 8 of 8 On motion by Board Member Sturtevant and seconded by Vice Chairperson Kelley, the foregoing resolution is hereby adopted in its entirety on the following roll call vote AYES Board Members Clay, Kelley, O'Malley, Sturtevant, and Chairperson Fonzi NOES None ABSENT None ADOPTED January 14, 2011 COMMUNITY REDEVELOPMENT AGENCY OF ATASCADERO By - Roberta Fonzi, Chairperson ATTEST Marcia McClure Torgerson, C.M C, Board Secretary APPROVED AS TO FORM Brian A. Pierik, Agency General Counsel