HomeMy WebLinkAboutItem 1a: Resolutions 6761 and 6762 and ARA Resolutions ARA-242 and ARA-243: Use of Property Tax Increment Funds for Financing of Public Improvements o A RC
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ZLItyotas STAFF REPORT
Development Services Department
DATE: April 5, 2011
TO: Mayor and City Council
Chair and Members of the Agency Board
FROM: Jason Kruckeberg, Assistant City Manager /Development Services
Director /Deputy Executive Director - s - -1<
SUBJECT: CONSIDERATION OF THE ADOPTION OF CITY COUNCIL
RESOLUTIONS REGARDING THE USE OF PROPERTY TAX
INCREMENT FUNDS FOR THE FINANCING OF CERTAIN PUBLIC
IMPROVEMENTS
Recommendation: Adopt Resolutions 6761 and 6762 and Authorize City
Manager to Execute Cooperative Agreement
CONSIDERATION OF THE ADOPTION OF ARCADIA
REDEVELOPMENT AGENCY RESOLUTIONS REGARDING THE USE
OF PROPERTY TAX INCREMENT FUNDS FOR THE FINANCING OF
CERTAIN PUBLIC IMPROVEMENTS
Recommendation: Adopt Resolutions ARA -242 and ARA -243 and
Authorize Executive Director to Execute Cooperative
Agreement
BACKGROUND
Redevelopment Law (Health and Safety Code Section 33445) requires that if
redevelopment funds are to be used to pay for improvements which will be publicly
owned, both within and outside of the project area, the City Council and the Agency
Board must make three findings: 1) that the proposed improvements are of benefit to
the Project Area or the immediate neighborhood in which the project is located; 2) that
there are no other reasonable means of financing the proposed project available to the
community; and 3) that the project will assist in the elimination of blighting conditions
and is consistent with the adopted Implementation Plan.
A Summary Report describing the proposed Agency Public Improvement Projects
(Attachment A) has been prepared setting forth the amount of tax increment to be used
to fund the proposed improvements, setting forth the facts to support the three findings
citied above, and describing the redevelopment purposes for which the funds are being
used.
Staff is recommending that the City Council adopt City Council Resolution Nos. 6761
and 6762 (Attachment B), that the Redevelopment Agency adopt Resolution Nos. ARA-
242 and 243 (Attachment C); and to authorize the City Manager /Executive Director to
execute the Cooperative Agreement between the Agency and the City.
DISCUSSION
In December, 2009, the City Council and Redevelopment Agency Board approved the
2010 -2015 Five Year Implementation Plan for the Project Area. Typically, each year as
part of the budget process, the City Council and Agency Board review a Capital
Improvement Program that includes projects to be completed within the Project Area
utilizing Redevelopment (tax increment) funds. Each year, there are important projects
near or in the Redevelopment Project Area for which no City funds are available or
where Redevelopment funds are needed to supplement the overall cost of the project to
the City. It is important that these projects be reflected in the Implementation Plan.
In 2010, the Agency successfully sold bonds to obtain additional proceeds for the
Redevelopment Area. With the bond proceeds in place, the Agency currently has more
than $5 million to be utilized in the Project Area. There are many projects listed in the
Implementation Plan that are critical for the long term health of the Project Area. It is
important that the City Council and Redevelopment Agency designate available funds
for these important public improvement projects to allow them to be approved in future
Capital Improvement Programs. These proposed projects are listed below and are
described in detail in the Summary Report (Attachment A).
1) Gold Line Area Improvements
The improvements planned for the area adjacent to the Gold Line station include
design and public improvements for a transit plaza to be used as a public gathering
space and pedestrian improvements throughout the area. These improvements will
add enhancements that will upgrade the quality of the overall Gold Line appearance
and experience in Arcadia for visitors, businesses and residents. These
improvements will enhance circulation which facilitates access to the Project Area
and benefits local businesses by bringing new customers to Downtown Arcadia.
2) Huntington Drive Capacity Improvements
This project involves reconstruction /widening of Huntington Drive between
Colorado Place and Santa Anita Avenue to provide: 1) a third travel lane in the
westbound Huntington Drive approach at Colorado Place, 2) a right turn in the
northbound approach of Huntington Drive at Santa Clara Street, 3) a second left
turn lane on both northbound and southbound approaches of Santa Anita Avenue
and Huntington Drive, and 4) reconstruction of median, channelization islands and
traffic signal modification.
Use of Agency Funds for Public Improvements
April 5, 2011
Page 2
3) Downtown 2000 Streetscape Improvements
This project is crucial to the appearance and function of the Project Area. The public
improvements along Huntington Drive and First Avenue will be an extension of the
Gold Line Pedestrian linkage improvements and will enhance the Project Area
through the removal of damaging trees, the planting of new trees and landscaping,
the addition of pedestrian lighting, sidewalk repair, and maintenance of the
streetscapes on these two vital streets within the Project Area
4) Gateway Landscape Beautification Project
Landscaping improvements at the "gateway" into the Project Area at the 1 -210
Freeway and Santa Anita Avenue are another long planned project that will greatly
aid in the creation of a positive aesthetic image of the Project Area. These on -ramps
are currently a visual blight and are not maintained by Caltrans due to budget
concerns. This project will be the first impression visitors and residents will have as
they enter the Project Area from the Freeway or from the north.
5) Public Safety Joint Training Facility
The primary element of the Joint Training Facility will be a training tower with an
enclosed stairwell, exterior balconies, accessible rooftops, water standpipe and
sprinkler systems, smoke generating system, anchor points for repelling, and a burn
room for live fire training. This training tower will enable fire and police personnel to
practice multiple disciplines within their area of expertise. Training props will also be
constructed within the Joint Training Facility to simulate trench rescue, confined
space rescue and building collapse scenarios. These training props will enable fire,
police and public works personnel to practice the rescue of persons injured or
trapped during this type of incident and provide a suitable site for public works and
fire personnel to stay current in Occupational Safety and Health Administration
(OSHA) mandated training.
6) Overflow Parking Lot/Improvements on Live Oak Avenue
This project will construct a new asphalt parking lot and ancillary improvements for
joint use adjacent to public property at the Par 3 Golf Course at 630 East Live Oak
Avenue. This parking lot is part of the Agency's obligation as part of the purchase of
21 Morlan Place from the Church in Arcadia and relocation to its new building on
Live Oak. This purchase has facilitated the use of the former Church property on
Morlan Place for a Redevelopment project with Rusnak Mercedes Benz.
ENVIRONMENTAL ASSESSMENT
The projects listed are exempt from the requirements of the California Environmental
Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15378(b), because the
financing of the projects constitute the creation of government funding activities, and
Use of Agency Funds for Public Improvements
April 5, 2011
Page 3
Sections 15301 (Existing Facilities) and 15303 (New Construction and Conversion of
Small Structures).
FISCAL IMPACT
The public improvements and facilities referenced would be financed through
Redevelopment Agency reserves. The total cost of the listed projects is $4,049,000.
There are sufficient funds within the Redevelopment Agency reserves to fund these
projects. There would be no impact on the General Fund.
RECOMMENDATION
THAT THE CITY COUNCIL ADOPT RESOLUTION NOS. 6761 AND 6762
REGARDING THE USE OF PROPERTY TAX INCREMENT FUNDS FOR THE
FINANCING OF CERTAIN PUBLIC IMPROVEMENTS AND AUTHORIZE THE CITY
MANAGER TO EXECUTE THE ASSOCIATED COOPERATIVE AGREEMENT.
THAT THE ARCADIA REDEVELOPMENT AGENCY ADOPT RESOLUTION NOS.
ARA -242 AND 243 REGARDING THE USE OF PROPERTY TAX INCREMENT FUNDS
FOR THE FINANCING OF CERTAIN PUBLIC IMPROVEMENTS AND AUTHORIZE
THE EXECUTIVE DIRECTOR TO EXECUTE THE ASSOCIATED COOPERATIVE
AGREEMENT.
Approved: -4Q
Donald Penman, City Manager /Executive Director
Attachment A — Summary Report
Attachment B — City Council Resolution Nos. 6761 and 6762 and associated
Cooperative Agreements
Attachment C — Arcadia Redevelopment Agency Resolution Nos. ARA -242 and ARA-
243 and associated Cooperative Agreements
Use of Agency Funds for Public Improvements
April 5, 2011
Page 4
ATTACHMENT A
SUMMARY REPORT
PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445
ARCADIA REDEVELOPMENT AGENCY PUBLIC IMPROVEMENT PROJECTS AND
PUBLIC BUIDLINGS /FACILITIES
Introduction
This Summary Report has been prepared by the Arcadia Redevelopment Agency
( "Agency ") consistent with Health and Safety Code Section 33445 and serves to
describe several proposed public improvement projects in and near the Project Area.
The Summary Report has been prepared in order to explain to the public why Agency
tax increment funds are to be used to pay for these public improvements.
The 2010 -2015 Agency Five Year Implementation Plan was adopted on December 1,
2009. The projects listed below are included in the Implementation Plan. Included for
each project below is a project description and the findings required pursuant to Section
33445.
Public Improvement Projects
1) Design of Gold Line Transit Plaza $50,000
Transit Plaza Improvements $136,000
Gold Line Pedestrian Linkage Improvements $833,000
The improvements planned for the area adjacent to the Gold Line station will add
enhancements that will upgrade the quality of the overall Gold Line appearance and
experience in Arcadia for visitors, businesses and residents. These improvements
will enhance circulation which facilitates access to the Project Area and benefits
local businesses through bringing new customers to Downtown Arcadia. The Transit
Plaza project is located on a triangular piece of property at the northwest corner of
Santa Clara Street and First Avenue, adjacent to the Gold Line station and parking
structure. The project will create an important public gathering place and will install
landscaping, benches, trash receptacles, lighting fixtures, public art, and wayfinding
elements. The Gold Line Pedestrian Linkage Project includes an area up to 1/4 mile
radius from the planned Gold Line station on streets radiating from or approaching
the station including Santa Clara Street, First Avenue, and Wheeler Street. The
project will create 1.45 miles of pedestrian enhancements by installing pedestrian
scaled lighting, wayfinding signage, landscaping, benches, trash receptacles,
sidewalk widening, curb ramps, crosswalk enhancements, pedestrian timed signals,
and curb extensions.
1
Findings for Gold Line Projects
The Agency's provision of tax increment funds to be used as matching funds for the
grant of funds for the construction of the Gold Line Improvements is of benefit to the
Project Area because: (1) the Gold Line Improvements will improve public safety and
travel to and from and within the Project Area; (2) more people will be drawn into the
Project Area as a result of the Metro Gold Line station; (3) and long -term economic
and property development will be encouraged as a result of the ease of travel to and
from the Project Area.
There are no other reasonable means of financing the Gold Line Improvements
available to the City because: (1) the City's general fund moneys are fully committed
to other programs, projects and financial obligations and may not be used as match
funds necessary to receive a grant to complete the Gold Line Improvements; (2) the
City's reserve funds must remain in reserve and may not be used toward the
completion of the Gold Line Improvements; (3) there are no other funds available to
be used as match funds to obtain the grants to complete the Gold Line
Improvements; (4) there are no revenues from City taxes available for use in
completing the Gold Line Improvements.
The Gold Line Improvements will assist in the elimination of one or more blighting
conditions in the Project Area by: (1) improving travel and public transportation flow
to and from the Project Area; and (2) encouraging new development near the Metro
Gold Line station in particular as well as throughout the Project Area as a result of
improved travel and the associated influx of people into the Project Area as a result
of the Gold Line Improvements.
The payment of funds for constructing the Gold Line Improvements is consistent with
the Implementation Plan adopted pursuant to CRL Section 33490 and the
Redevelopment Plan.
2) Huntington Drive Capacity Improvements $600,000
This project involves reconstruction /widening of Huntington Drive between Colorado
Place and Santa Anita Avenue to provide: 1) a third travel lane in the westbound
Huntington Drive approach at Colorado Place, 2) a right turn in the northbound
approach of Huntington Drive at Santa Clara Street, 3) a second left turn lane on
both northbound and southbound approaches of Santa Anita Avenue and
Huntington Drive, and 4) reconstruction of median an channelization islands and
traffic signal modification. This project will provide a tremendous benefit to the
Project Area with improved traffic flow, an enhanced image of the Project Area, ease
of reaching local businesses, and accessibility. This is estimated as a $2.1 million
project. The redevelopment- funded portion is crucial for project completion.
2
Findings for Huntington Drive Capacity Improvement Project
The Agency's provision of tax increment funds to be used for the construction of the
Huntington Drive project improvements are of benefit to the Project Area because:
(1) the improvements will improve public safety and travel within the Project Area
through improved circulation and access, (2) the appearance, viability, safety and
quality of life within the Project Area will be enhanced; (3) and Tong -term economic
and property development will be encouraged as a result of the improved access
and circulation to and through the Downtown area.
There are no other reasonable means of financing the improvements available to the
City because: (1) the City's general fund moneys are fully committed to other
programs, projects and financial obligations and may not be used to complete the
improvements; (2) the City's reserve funds must remain in reserve and may not be
used toward the completion of the improvements; (3) there are no other funds
available to be used to complete the improvements; (4) there are no revenues from
City taxes available for use in completing the improvements.
The improvements will assist in the elimination of one or more blighting conditions in
the Project Area by: (1) improving travel and public safety within the Project Area; (2)
encouraging new development near in the Downtown area in particular as well as
throughout the Project Area as a result of improved access and circulation patterns
to and through the project area.
The payment of funds for constructing the improvements is consistent with the
Implementation Plan adopted pursuant to CRL Section 33490 and the
Redevelopment Plan.
3) Downtown 2000 Streetscape Improvements $500,000
This project is crucial to the appearance and function of the Project Area. The public
improvements along Huntington Drive and First Avenue will be an extension of the
Gold Line Pedestrian linkage improvements and will enhance the Project Area
through the removal of damaging trees, the planting of new trees and landscaping,
the addition of pedestrian lighting, sidewalk repair, and maintenance of the
streetscapes on these two vital streets within the Project Area
Findings for Downtown 2000 Streetscape Improvements
The Agency's provision of tax increment funds to be used for the construction of the
Downtown Improvements is of benefit to the Project Area because: (1) the
Downtown Improvements will improve public safety and travel within the Project
Area as a result of improved sidewalks and lighting; (2) the appearance, viability,
safety and quality of life within the Project Area will be enhanced; (3) more people
will be drawn into the Project Area as a result of the Downtown Improvements; (4)
3
and long -term economic and property development will be encouraged as a result of
the improved appearance of the Downtown area.
There are no other reasonable means of financing the Downtown Improvements
available to the City because: (1) the City's general fund moneys are fully committed
to other programs, projects and financial obligations and may not be used to
complete the Downtown Improvements; (2) the City's reserve funds must remain in
reserve and may not be used toward the completion of the Downtown
Improvements; (3) there are no other funds available to be used to complete the
Downtown Improvements; (4) there are no revenues from City taxes available for
use in completing the Downtown Improvements.
The Downtown Improvements will assist in the elimination of one or more blighting
conditions in the Project Area by: (1) improving pedestrian travel and public safety
within the Project Area; (2) providing much needed aesthetic treatments to
underutilized and under maintained public areas; and (3) encouraging new
development near in the Downtown area in particular as well as throughout the
Project Area as a result of improved pedestrian travel and the associated influx of
people into the Downtown area as a result of the Downtown Improvements.
The payment of funds for constructing the Downtown Improvements is consistent
with the Implementation Plan adopted pursuant to CRL Section 33490 and the
Redevelopment Plan.
4) Gateway Landscape Beautification Project $300,000
Landscaping improvements at the "gateway" into the Project Area at the 1-210
Freeway and Santa Anita Avenue are another long planned project that will greatly
aid in the creation of a positive aesthetic image of the Project Area. These on -ramps
are currently a visual blight and are not maintained by Caltrans due to budget
concerns. This project will be the first impression visitors and residents will have as
they enter the Project Area from the Freeway or from the north.
Findings for Gateway Landscape Beautification Project
The Agency's provision of tax increment funds to be used for the construction of the
Downtown Improvements is of benefit to the Project Area because: (1) the
Downtown Improvements will improve public safety and travel within the Project
Area as a result of improved sidewalks and lighting; (2) the appearance, viability,
safety and quality of life within the Project Area will be enhanced; (3) more people
will be drawn into the Project Area as a result of the Downtown Improvements; (4)
and long -term economic and property development will be encouraged as a result of
the improved appearance of the Downtown area.
There are no other reasonable means of financing the Downtown Improvements
available to the City because: (1) the City's general fund moneys are fully committed
4
to other programs, projects and financial obligations and may not be used to
complete the Downtown Improvements; (2) the City's reserve funds must remain in
reserve and may not be used toward the completion of the Downtown
Improvements; (3) there are no other funds available to be used to complete the
Downtown Improvements; (4) there are no revenues from City taxes available for
use in completing the Downtown Improvements.
The Downtown Improvements will assist in the elimination of one or more blighting
conditions in the Project Area by: (1) improving pedestrian travel and public safety
within the Project Area; (2) providing much needed aesthetic treatments to
underutilized and under maintained public areas; and (3) encouraging new
development near in the Downtown area in particular as well as throughout the
Project Area as a result of improved pedestrian travel and the associated influx of
people into the Downtown area as a result of the Downtown Improvements.
The payment of funds for constructing the Downtown Improvements is consistent
with the Implementation Plan adopted pursuant to CRL Section 33490 and the
Redevelopment Plan.
Total Tax Increment to be utilized for Public Improvement Projects: $2,419,000
Public Facilities /Buildings
1) Public Safety Training Facility $1,500,000
The primary element of the Joint Training Facility will be a training tower with an
enclosed stairwell, exterior balconies, accessible rooftops, water standpipe and
sprinkler systems, smoke generating system, anchor points for repelling, and a burn
room for live fire training. This training tower will enable fire and police personnel to
practice multiple disciplines within their area of expertise. Training props will also be
constructed within the Joint Training Facility to simulate trench rescue, confined
space rescue and building collapse scenarios. These training props will enable fire,
police and public works personnel to practice the rescue of persons injured or
trapped during this type of incident and provide a suitable site for public works and
fire personnel to stay current in Occupational Safety and Health Administration
(OSHA) mandated training.
Findings for the Public Safety Training Facility
The Agency's provision of tax increment funds to be used for the construction of the
Public Safety Training Facility are of benefit to the Project Area because: (1) the
improvements will improve public safety by providing a joint training facility in close
proximity to the Arcadia Police and Fire Stations. Currently, staff needs to leave
town during mandatory training activities, exposing the City to risk if an emergency
5
were to occur. With mandatory training becoming more and more prevalent, this
training facility is critical in the long range planning for the Fire Department and
Police Department as well as the Public Works Services Department; (2) the
appearance, viability, safety and quality of life within the Project Area will be
enhanced; (3) and long -term economic and property development will be
encouraged as a result of the improved public safety and retention of safety staff
within the City in the event of an emergency.
There are no other reasonable means of financing the improvements available to the
City because: (1) the City's general fund moneys are fully committed to other
programs, projects and financial obligations and may not be used to complete the
improvements; (2) the City's reserve funds must remain in reserve and may not be
used toward the completion of the improvements; (3) there are no other funds
available to be used to complete the improvements; (4) there are no revenues from
City taxes available for use in completing the improvements.
The improvements will assist in the elimination of one or more blighting conditions in
the Project Area by: (1) improving public safety within the Project Area; (2)
encouraging development of an underutilized parcel within the Project Area for a use
that will benefit the Project Area.
The payment of funds for constructing the improvements is consistent with the
Implementation Plan adopted pursuant to CRL Section 33490 and the R
Redevelopment Plan.
2) Overflow Parking Lot/Improvements on Live Oak Avenue $130,000
This project will construct a new asphalt parking lot and ancillary improvements for
joint use adjacent to public property at the Par 3 Golf Course at 630 East Live Oak
Avenue. This parking lot is part of the Agency's obligation as part of the purchase of
21 Morlan Place from the Church in Arcadia and relocation to its new building on
Live Oak. This purchase has facilitated the use of the former Church property on
Morlan Place for a Redevelopment project with Rusnak Mercedes Benz.
Findings for the Overflow Parking Lot/Improvements on Live Oak Avenue
The Agency's provision of tax increment funds to be used for the construction of the
Huntington Drive project improvements are of benefit to the Project Area because:
(1) the improvements will improve public safety and travel within the Project Area
through improved circulation and access, (2) the appearance, viability, safety and
quality of life within the Project Area will be enhanced; (3) and long -term economic
and property development will be encouraged as a result of the improved access
and circulation to and through the Downtown area.
There are no other reasonable means of financing the improvements available to the
City because: (1) the City's general fund moneys are fully committed to other
6
programs, projects and financial obligations and may not be used to complete the
improvements; (2) the City's reserve funds must remain in reserve and may not be
used toward the completion of the improvements; (3) there are no other funds
available to be used to complete the improvements; (4) there are no revenues from
City taxes available for use in completing the improvements.
The improvements will assist in the elimination of one or more blighting conditions in
the Project Area by: (1) improving travel and public safety within the Project Area; (2)
encouraging new development near in the Downtown area in particular as well as
throughout the Project Area as a result of improved access and circulation patterns
to and through the project area.
The payment of funds for constructing the improvements is consistent with the
Implementation Plan adopted pursuant to CRL Section 33490 and the
Redevelopment Plan.
Total Tax Increment to be utilized for Public Facilities /Buildings $1,630,000
7
ATTACHMENT B
RESOLUTION NO. 6761
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING THAT CERTAIN
COOPERATIVE AGREEMENT WITH THE REDEVELOPMENT
AGENCY OF THE CITY OF ARCADIA REGARDING THE USE
OF PROPERTY TAX INCREMENT FUNDS FOR THE
FINANCING OF CERTAIN PUBLIC IMPROVEMENTS AND
MAKING CERTAIN RELATED FINDINGS PURSUANT TO
CALIFORNIA HEALTH AND SAFETY CODE SECTION 33445
(GOLD LINE AND DOWNTOWN IMPROVEMENTS)
WHEREAS, the City Council ( "City Council ") of the City of Arcadia ( "City ")
approved and adopted a redevelopment plan ( "Redevelopment Plan ") for a
redevelopment project area known as the Central Redevelopment Project Area
( "Project Area ") on December 26, 1973; and
WHEREAS, the Arcadia Redevelopment Agency ( "Agency ") is engaged in
activities to execute and implement the Redevelopment Plan for the Project Area
pursuant to the provisions of the California Community Redevelopment Law (Health
and Safety Code § 33000, et seq.) ( "CRL "); and
WHEREAS, the City proposes to fund the following public improvement projects
on or pertaining to various parcels of real property located within the Project Area: (1)
pedestrian and transit plaza improvements to the area adjacent to the Metro Gold Line
station in Arcadia ( "Gold Line Improvements "); and (2) street improvements, sidewalk
repair, landscaping, and lighting improvements within the Downtown area of the City
( "Downtown Improvements ") (collectively, "Public Improvements "); and
WHEREAS, under CRL Section 33445, with the City Council's consent, the
Agency is authorized to use the Agency's property tax increment funds, which it
1
receives pursuant to CRL Section 33670, to pay all or part of the value of the
installation or construction of public improvements; and
WHEREAS, in accordance with CRL Section 33445, the Agency proposes to
contribute property tax increment funds for the purpose of paying all or part of the cost
of the Public Improvements; and
WHEREAS, the City Council is required to make certain findings set forth in CRL
Section 33445 with respect to the Agency's use of property tax increment funds to pay
for the costs of the Public Improvements; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The facts set forth in the recitals above are true and correct and are
hereby incorporated into the City Council's findings and determinations.
SECTION 2. The City Council approves that certain Summary Report attached
hereto as Exhibit "A ".
SECTION 3. The City Council hereby finds, based on the information made
available in the staff report accompanying this Resolution and any oral presentation of
staff, the Summary Report, and other written and oral evidence and testimony
presented to the City Council, the Gold Line Improvements will enhance the Gold Line
area and will upgrade the quality of the overall Gold Line appearance and experience in
Arcadia for visitors, businesses and residents. These improvements will enhance
circulation which facilitates access to the Project Area and benefits local businesses
2
through bringing new customers to Downtown Arcadia. The Transit Plaza project is
located on a triangular piece of property at the northwest corner of Santa Clara Street
and First Avenue, adjacent to the Gold Line station and parking structure. The Gold
Line Improvements will create an important public gathering place. Installation of
landscaping, benches, trash receptacles, lighting fixtures, public art, and wayfinding
elements will eliminate visual blight and provide amenities otherwise lacking in this
portion of the Project Area. The Gold Line Pedestrian Linkage Project, as part of the
Gold Line Improvements, includes an area up to 1/4 mile radius from the planned Gold
Line station on streets radiating from or approaching the station including Santa Clara
Street, First Avenue, and Wheeler Street. The Gold Line Improvements will create 1.45
miles of pedestrian enhancements, and thereby assist in the elimination of blight and
cause redevelopment of the area, by installing pedestrian scaled lighting, wayfinding
signage, landscaping, benches, trash receptacles, sidewalk widening, curb ramps,
crosswalk enhancements, pedestrian timed signals, and curb extensions.
(a) The Agency's provision of tax increment funds to be used as
matching funds for the grant of funds for the construction of the Gold Line
Improvements is a benefit to the Project Area because: (1) the Gold Line Improvements
will improve public safety and travel to and from and within the Project Area; (2) more
people will be drawn into the Project Area as a result of the Metro Gold Line station; (3)
and long -term economic and property development will be encouraged as a result of
the ease of travel to and from the Project Area.
(b) There are no other reasonable means of financing the Gold Line
Improvements available to the City because: (1) the City's general fund moneys are
3
fully committed to other programs, projects and financial obligations and may not be
used as match funds necessary to receive a grant to complete the Gold Line
Improvements; (2) the City's reserve funds are devoted to emergency use and must
remain in reserve for that purpose, and thus may not be used for the completion of the
Gold Line Improvements; (3) there are no other funds available to be used as match
funds to obtain the grants to complete the Gold Line Improvements; (4) there are no
revenues from City taxes available for use in completing the Gold Line Improvements.
(c) The Gold Line Improvements will assist in the elimination of one or
more blighting conditions in the Project Area by: (1) improving travel and public
transportation flow to and from the Project Area; and (2) encouraging new development
near the Metro Gold Line station, in particular, as well as throughout the Project Area as
a result of improved travel and the associated influx of people into the Project Area as a
result of the Gold Line Improvements.
(d) The payment of funds for constructing the Gold Line Improvements
is consistent with the Implementation Plan adopted pursuant to CRL Section 33490 and
the Redevelopment Plan.
SECTION 4. The City Council hereby finds, based on the information made
available in the staff report accompanying this Resolution, the Summary Report, and
any oral presentation of staff and other written and oral evidence and testimony
presented to the City Council that the Downtown Improvements are crucial to the
appearance and function of the Project Area. The street improvements along
Huntington Drive are critical for expanding capacity along the Project Area's major
thoroughfare. Huntington Drive provides the major east -west corridor through the
4
Project Area and currently a "bottleneck" exists at the intersection of Huntington Drive,
Colorado Place, and Santa Clara Street. This Downtown Improvements will add turn
lanes, complete signal improvements, upgrade sidewalks, and enhance driver safety in
this area. Landscaping improvements at the "gateway" into the Project Area at the 1 -210
Freeway and Santa Anita Avenue are another long planned project that will greatly aid
in the creation of a positive aesthetic image of the Project Area. These on -ramps are
currently a visual blight and are not maintained by Caltrans due to budget concerns.
This portion of the Downtown Improvements will be the first impression visitors and
residents will have as they enter the Project Area from the Freeway or from the north.
The public improvements along Huntington Drive and First Avenue will be an extension
of the Gold Line Pedestrian Linkage Project improvements and will enhance the Project
Area through the removal of dead trees, the planting of new trees and landscaping, the
addition of pedestrian lighting, sidewalk repair, and installation of the streetscapes on
these two vital streets within the Project Area.
(a) The Agency's provision of tax increment funds to be used for the
construction of the Downtown Improvements is of benefit to the Project Area because:
(1) the Downtown Improvements will improve public safety and travel within the Project
Area as a result of improved sidewalks and lighting; (2) the appearance, viability, safety
and qualify of life within the Project Area will be enhanced; (3) more people will be
drawn into the Project Area as a result of the Downtown Improvements; (4) and long-
term economic and property development will be encouraged as a result of the
improved appearance of the Downtown area.
5
(b) There are no other reasonable means of financing the Downtown
Improvements available to the City because: (1) the City's general fund moneys are
fully committed to other programs, projects and financial obligations and may not be
used to complete the Downtown Improvements; (2) the City's reserve funds are
devoted to emergency use and must remain in reserve for that purpose, and thus may
not be used for the completion of the Downtown Improvements; (3) there are no other
funds available to be used to complete the Downtown Improvements; (4) there are no
revenues from City taxes available for use in completing the Downtown Improvements.
(c) The Downtown Improvements will assist in the elimination of one or
more blighting conditions in the Project Area by: (1) improving pedestrian travel and
public safety within the Project Area; (2) providing much needed aesthetic treatments to
underutilized and under maintained public areas; and (3) encouraging new
development in the Downtown area, in particular, as well as throughout the Project Area
as a result of improved pedestrian travel and the associated influx of people into the
Downtown area as a result of the Downtown Improvements.
(d) The payment of funds for constructing the Downtown
Improvements is consistent with the Implementation Plan adopted pursuant to CRL
Section 33490 and the Redevelopment Plan.
SECTION 5. The City Council hereby approves the Agency's use of tax
increment funds for purposes of the Gold Line Improvements and Downtown
Improvements.
6
SECTION 6. The City Council hereby approves that certain Cooperation
Agreement by and between the City and the Agency, attached hereto as Exhibit "B ".
The City Council authorizes and directs the City Manager, with the concurrence of the
City Attorney, to execute, and take any other action as may be reasonable and
necessary to facilitate, that certain Cooperative Agreement on behalf of the City.
SECTION 7. The City Council hereby finds that the Agency's financing of the
Public Improvements is exempt from the requirements of the California Environmental
Quality Act (codified as Public Resources Code Section 21000, et seq.) ( "CEQA ")
pursuant to State CEQA Guidelines Section 15378(b), because such approval
constitutes the creation of government funding mechanisms or other government
funding activities which do not involve any commitment to any specific project which
may result in a potentially significant physical impact on the environment. The Project
is also exempt per CEQA Guidelines Sections 15301(Existing Facilities) and 15303
(New Construction or Conversion of Small Structures). The City Council further
authorizes and directs City staff to file a Notice of Exemption with the Clerk of the Board
of Supervisors of the County of Los Angeles, California, within five (5) working days
following the date of adoption of this Resolution.
SECTION 8. The Mayor shall sign this Resolution and the City Clerk shall certify
the adoption thereof.
SECTION 9. This Resolution shall take effect immediately upon its adoption.
[SIGNATURES ON NEXT PAGE]
7
Passed, approved and adopted this day of , 2011.
Mayor of the City of Arcadia
ATTEST:
City Clerk
APPROVED AS TO FORM:
l
c cept i ,, Stephen P. Deitsch
City Attorney
8
Exhibit "A"
CRL Section 33445 Summary Report
[See attached behind this cover page]
9
EXHIBIT A
SUMMARY REPORT
PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445
ARCADIA REDEVELOPMENT AGENCY PUBLIC IMPROVEMENT PROJECTS
Introduction
This Summary Report has been prepared by the Arcadia Redevelopment Agency
( "Agency ") consistent with Health and Safety Code Section 33445 and serves to
describe several proposed public improvement projects in and near the Project Area.
The Summary Report has been prepared in order to explain to the public why Agency
tax increment funds are to be used to pay for these public improvements.
The 2010 -2015 Agency Five Year Implementation Plan was adopted on December 1,
2009. The projects listed below are included in the Implementation Plan. Included for
each project below is a project description and the findings required pursuant to Section
33445.
Public Improvement Projects
1) Design of Gold Line Transit Plaza $50,000
Transit Plaza Improvements $136,000
Gold Line Pedestrian Linkage Improvements $833,000
The improvements planned for the area adjacent to the Gold Line station will add
enhancements that will upgrade the quality of the overall Gold Line appearance and
experience in Arcadia for visitors, businesses and residents. These improvements
will enhance circulation which facilitates access to the Project Area and benefits
local businesses through bringing new customers to Downtown Arcadia. The Transit
Plaza project is located on a triangular piece of property at the northwest corner of
Santa Clara Street and First Avenue, adjacent to the Gold Line station and parking
structure. The project will create an important public gathering place and will install
landscaping, benches, trash receptacles, lighting fixtures, public art, and wayfinding
elements. The Gold Line Pedestrian Linkage Project includes an area up to 1 /4 mile
radius from the planned Gold Line station on streets radiating from or approaching
the station including Santa Clara Street, First Avenue, and Wheeler Street. The
project will create 1.45 miles of pedestrian enhancements by installing pedestrian
scaled lighting, wayfinding signage, landscaping, benches, trash receptacles,
sidewalk widening, curb ramps, crosswalk enhancements, pedestrian timed signals,
and curb extensions.
1
Findings for Gold Line Projects
The Agency's provision of tax increment funds to be used as matching funds for the
grant of funds for the construction of the Gold Line Improvements is of benefit to the
Project Area because: (1) the Gold Line Improvements will improve public safety and
travel to and from and within the Project Area; (2) more people will be drawn into the
Project Area as a result of the Metro Gold Line station; (3) and long -term economic
and property development will be encouraged as a result of the ease of travel to and
from the Project Area.
There are no other reasonable means of financing the Gold Line Improvements
available to the City because: (1) the City's general fund moneys are fully committed
to other programs, projects and financial obligations and may not be used as match
funds necessary to receive a grant to complete the Gold Line Improvements; (2) the
City's reserve funds must remain in reserve and may not be used toward the
completion of the Gold Line Improvements; (3) there are no other funds available to
be used as match funds to obtain the grants to complete the Gold Line
Improvements; (4) there are no revenues from City taxes available for use in
completing the Gold Line Improvements.
The Gold Line Improvements will assist in the elimination of one or more blighting
conditions in the Project Area by: (1) improving travel and public transportation flow
to and from the Project Area; and (2) encouraging new development near the Metro
Gold Line station in particular as well as throughout the Project Area as a result of
improved travel and the associated influx of people into the Project Area as a result
of the Gold Line Improvements.
The payment of funds for constructing the Gold Line Improvements is consistent with
the Implementation Plan adopted pursuant to CRL Section 33490 and the
Redevelopment Plan.
2) Huntington Drive Capacity Improvements $600,000
This project involves reconstruction /widening of Huntington Drive between Colorado
Place and Santa Anita Avenue to provide: 1) a third travel lane in the westbound
Huntington Drive approach at Colorado Place, 2) a right turn in the northbound
approach of Huntington Drive at Santa Clara Street, 3) a second left turn lane on
both northbound and southbound approaches of Santa Anita Avenue and
Huntington Drive, and 4) reconstruction of median an channelization islands and
traffic signal modification. This project will provide a tremendous benefit to the
Project Area with improved traffic flow, an enhanced image of the Project Area, ease
of reaching local businesses, and accessibility. This is estimated as a $2.1 million
project. The redevelopment- funded portion is crucial for project completion.
Findings for Huntington Drive Capacity Improvement Project
2
The Agency's provision of tax increment funds to be used for the construction of the
Huntington Drive project improvements are of benefit to the Project Area because:
(1) the improvements will improve public safety and travel within the Project Area
through improved circulation and access, (2) the appearance, viability, safety and
quality of life within the Project Area will be enhanced; (3) and Tong -term economic
and property development will be encouraged as a result of the improved access
and circulation to and through the Downtown area.
There are no other reasonable means of financing the improvements available to the
City because: (1) the City's general fund moneys are fully committed to other
programs, projects and financial obligations and may not be used to complete the
improvements; (2) the City's reserve funds must remain in reserve and may not be
used toward the completion of the improvements; (3) there are no other funds
available to be used to complete the improvements; (4) there are no revenues from
City taxes available for use in completing the improvements.
The improvements will assist in the elimination of one or more blighting conditions in
the Project Area by: (1) improving travel and public safety within the Project Area; (2)
encouraging new development near in the Downtown area in particular as well as
throughout the Project Area as a result of improved access and circulation patterns
to and through the project area.
The payment of funds for constructing the improvements is consistent with the
Implementation Plan adopted pursuant to CRL Section 33490 and the
Redevelopment Plan.
3) Downtown 2000 Streetscape Improvements $500,000
This project is crucial to the appearance and function of the Project Area. The public
improvements along Huntington Drive and First Avenue will be an extension of the
Gold Line Pedestrian linkage improvements and will enhance the Project Area
through the removal of damaging trees, the planting of new trees and landscaping,
the addition of pedestrian lighting, sidewalk repair, and maintenance of the
streetscapes on these two vital streets within the Project Area
Findings for Downtown 2000 Streetscape Improvements
The Agency's provision of tax increment funds to be used for the construction of the
Downtown Improvements is of benefit to the Project Area because: (1) the
Downtown Improvements will improve public safety and travel within the Project
Area as a result of improved sidewalks and lighting; (2) the appearance, viability,
safety and quality of life within the Project Area will be enhanced; (3) more people
will be drawn into the Project Area as a result of the Downtown Improvements; (4)
and long -term economic and property development will be encouraged as a result of
the improved appearance of the Downtown area.
3
There are no other reasonable means of financing the Downtown Improvements
available to the City because: (1) the City's general fund moneys are fully committed
to other programs, projects and financial obligations and may not be used to
complete the Downtown Improvements; (2) the City's reserve funds must remain in
reserve and may not be used toward the completion of the Downtown
Improvements; (3) there are no other funds available to be used to complete the
Downtown Improvements; (4) there are no revenues from City taxes available for
use in completing the Downtown Improvements.
The Downtown Improvements will assist in the elimination of one or more blighting
conditions in the Project Area by: (1) improving pedestrian travel and public safety
within the Project Area; (2) providing much needed aesthetic treatments to
underutilized and under maintained public areas; and (3) encouraging new
development near in the Downtown area in particular as well as throughout the
Project Area as a result of improved pedestrian travel and the associated influx of
people into the Downtown area as a result of the Downtown Improvements.
The payment of funds for constructing the Downtown Improvements is consistent
with the Implementation Plan adopted pursuant to CRL Section 33490 and the
Redevelopment Plan.
4) Gateway Landscape Beautification Project $300,000
Landscaping improvements at the "gateway" into the Project Area at the 1 -210
Freeway and Santa Anita Avenue are another long planned project that will greatly
aid in the creation of a positive aesthetic image of the Project Area. These on -ramps
are currently a visual blight and are not maintained by Caltrans due to budget
concerns. This project will be the first impression visitors and residents will have as
they enter the Project Area from the Freeway or from the north.
Findings for Gateway Landscape Beautification Project
The Agency's provision of tax increment funds to be used for the construction of the
Downtown Improvements is of benefit to the Project Area because: (1) the
Downtown Improvements will improve public safety and travel within the Project
Area as a result of improved sidewalks and lighting; (2) the appearance, viability,
safety and quality of life within the Project Area will be enhanced; (3) more people
will be drawn into the Project Area as a result of the Downtown Improvements; (4)
and long -term economic and property development will be encouraged as a result of
the improved appearance of the Downtown area.
There are no other reasonable means of financing the Downtown Improvements
available to the City because: (1) the City's general fund moneys are fully committed
to other programs, projects and financial obligations and may not be used to
complete the Downtown Improvements; (2) the City's reserve funds must remain in
reserve and may not be used toward the completion of the Downtown
4
Improvements; (3) there are no other funds available to be used to complete the
Downtown Improvements; (4) there are no revenues from City taxes available for
use in completing the Downtown Improvements.
The Downtown Improvements will assist in the elimination of one or more blighting
conditions in the Project Area by: (1) improving pedestrian travel and public safety
within the Project Area; (2) providing much needed aesthetic treatments to
underutilized and under maintained public areas; and (3) encouraging new
development near in the Downtown area in particular as well as throughout the
Project Area as a result of improved pedestrian travel and the associated influx of
people into the Downtown area as a result of the Downtown Improvements.
The payment of funds for constructing the Downtown Improvements is consistent
with the Implementation Plan adopted pursuant to CRL Section 33490 and the
Redevelopment Plan.
Total Tax Increment to be utilized for Public Improvement Projects: $2,419,000
5
Exhibit "B"
Cooperative Agreement
[See attached behind this cover page]
10
COOPERATIVE AGREEMENT
(PUBLIC IMPROVEMENTS)
BY AND BETWEEN
ARCADIA REDEVELOPMENT AGENCY
AND
CITY OF ARCADIA
This Cooperative Agreement (Public Improvements) is entered into this
day of , 2011 by and between the Arcadia Redevelopment Agency,
a public body, corporate and politic ( "Agency ") and the City of Arcadia, a California
municipal corporation and charter city ( "City "). The Agency and the City each may be
referred to as "Party" or collectively as the "Parties" in this Agreement.
RECITALS
WHEREAS, the City Council ( "City Council ") of the City of Arcadia ( "City ")
approved and adopted a redevelopment plan ( "Redevelopment Plan ") for a
redevelopment project area known as the Downtown Arcadia Central Redevelopment
Project Area ( "Project Area ") on December 26, 1973; and
WHEREAS, the Agency is engaged in activities to execute and implement the
Redevelopment Plan pursuant to the provisions of the California Community
Redevelopment Law (Health and Safety Code § 33000, et seq.) ( "CRL "); and
WHEREAS, the Agency desires to transfer that certain amount of redevelopment
tax increment funds ( "Agency Funds "), set forth in Exhibit "A" attached hereto and
incorporated herein by reference, to the City, and the City desires to accept such funds
for the City to conduct the following public improvements within the Project Area as
further described in Exhibit "A" attached hereto ( "Public Improvements "): (1) pedestrian
and transit plaza improvements to the area adjacent to the Metro Gold Line station
( "Gold Line Improvements "); and (2) sidewalk repair, landscaping, tree maintenance
and lighting in Arcadia's downtown and Huntington Drive Capacity Improvements
( "Downtown Improvements "); and
WHEREAS, CRL Section 33445 provides that the Agency may use tax increment
funds, received pursuant to CRL Section 33670 ( "Tax Increment Funds "), to pay all or a
part of the value of the cost of the installation and construction of public improvements
located inside or contiguous to the Project Area if the City Council makes certain
findings; and
WHEREAS, in City Council Resolution No. 6761, on April 5, 2011, the City
Council has made the following necessary findings pursuant to CRL Section 33445 with
regard to the Gold Line Improvements. The improvements will add enhancements to the
Gold Line area that will upgrade the quality of the overall Gold Line appearance and
experience in Arcadia for visitors, businesses and residents. These improvements will
enhance circulation which facilitates access to the Project Area and benefits local
businesses through bringing new customers to Downtown Arcadia. The Transit Plaza
1
project is located on a triangular piece of property at the northwest corner of Santa
Clara Street and First Avenue, adjacent to the Gold Line station and parking structure.
The project will create an important public gathering place and will install landscaping,
benches, trash receptacles, lighting fixtures, public art, and wayfinding elements. The
Gold Line Pedestrian Linkage Project includes an area up to 1 /4 mile radius from the
planned Gold Line station on streets radiating from or approaching the station including
Santa Clara Street, First Avenue, and Wheeler Street. The project will create 1.45 miles
of pedestrian enhancements by installing pedestrian scaled lighting, wayfinding
signage, landscaping, benches, trash receptacles, sidewalk widening, curb ramps,
crosswalk enhancements, pedestrian timed signals, and curb extensions:
(a) The Agency's provision of tax increment funds to be used as matching
funds for the grant of funds for the construction of the Gold Line Improvements is of
benefit to the Project Area because: (1) the Gold Line Improvements will improve public
safety and travel to and from and within the Project Area; (2) more people will be drawn
into the Project Area as a result of the Metro Gold Line station; (3) and long -term
economic and property development will be encouraged as a result of the ease of travel
to and from the Project Area.
(b) There are no other reasonable means of financing the Gold Line
Improvements available to the City because: (1) the City's general fund moneys are fully
committed to other programs, projects and financial obligations and may not be used as
match funds necessary to receive a grant to complete the Gold Line Improvements; (2)
the City's reserve funds must remain in reserve and may not be used toward the
completion of the Gold Line Improvements; (3) there are no other funds available to be
used as match funds to obtain the grants to complete the Gold Line Improvements; (4)
there are no revenues from City taxes available for use in completing the Gold Line
Improvements.
(c) The Gold Line Improvements will assist in the elimination of one or more
blighting conditions in the Project Area by: (1) improving travel and public transportation
flow to and from the Project Area; and (2) encouraging new development near the Metro
Gold Line station in particular as well as throughout the Project Area as a result of
improved travel and the associated influx of people into the Project Area as a result of
the Gold Line Improvements.
(d) The payment of funds for constructing the Gold Line Improvements is
consistent with the Implementation Plan adopted pursuant to CRL Section 33490 and
the Redevelopment Plan.
WHEREAS, in City Council Resolution No. 6761, on April 5, 2011, the City
Council has made the following necessary findings pursuant to CRL Section 33445 with
regard to the Downtown Improvements. These improvements are crucial to the
appearance and function of the Project Area. The street improvements along
Huntington Drive are critical in expanding capacity along the Project Area's major
thoroughfare. Huntington Drive provides the major east -west corridor through the
Project Area and currently a "bottleneck" exists at the intersection of Huntington Drive,
2
Colorado Place, and Santa Clara Street. This project will add turn lanes, complete
signal improvements, upgrade sidewalks, and enhance driver safety in this area.
Landscaping improvements at the "gateway" into the Project Area at the 1 -210 Freeway
and Santa Anita Avenue are another long planned project that will greatly aid in the
creation of a positive aesthetic image of the Project Area. These on -ramps are currently
a visual blight and are not maintained by Caltrans due to budget concerns. This project
will be the first impression visitors and residents will have as they enter the Proejct Area
from the Freeway or from the north. The public improvements along Huntington Drive
and First Avenue will be an extension of the Gold Line Pedestrian linkage improvements
and will enhance the Project Area through the removal of damaging trees, the planting
of new trees and landscaping, the addition of pedestrian lighting, sidewalk repair, and
maintenance of the streetscapes on these two vital streets within the Project Area
(a) The Agency's provision of tax increment funds to be used for the
construction of the Downtown Improvements is of benefit to the Project Area because:
(1) the Downtown Improvements will improve public safety and travel within the Project
Area as a result of improved sidewalks and lighting; (2) the appearance, viability, safety
and qualify of life within the Project Area will be enhanced; (3) more people will be
drawn into the Project Area as a result of the Downtown Improvements; (4) and long-
term economic and property development will be encouraged as a result of the
improved appearance of the Downtown area.
(b) There are no other reasonable means of financing the Downtown
Improvements available to the City because: (1) the City's general fund moneys are fully
committed to other programs, projects and financial obligations and may not be used to
complete the Downtown Improvements; (2) the City's reserve funds must remain in
reserve and may not be used toward the completion of the Downtown Improvements;
(3) there are no other funds available to be used to complete the Downtown
Improvements; (4) there are no revenues from City taxes available for use in completing
the Downtown Improvements.
(c) The Downtown Improvements will assist in the elimination of one or more
blighting conditions in the Project Area by: (1) improving pedestrian travel and public
safety within the Project Area; (2) providing much needed aesthetic treatments to
underutilized and under maintained public areas; and (3) encouraging new development
near in the Downtown area in particular as well as throughout the Project Area as a
result of improved pedestrian travel and the associated influx of people into the
Downtown area as a result of the Downtown Improvements.
(d) The payment of funds for constructing the Downtown Improvements is
consistent with the Implementation Plan adopted pursuant to CRL Section 33490 and
the Redevelopment Plan.
3
AGREEMENT
NOW, THEREFORE, in consideration of the promises contained below and other
good and sufficient consideration, the Agency and the City agree as follows:
1. Recitals. The Recitals set forth above are incorporated into this Agreement by
this reference.
2. Agency's Obligations.
2.1 The Agency agrees to pay Tax Increment Funds to the City to provide the
City with funds to construct the Public Improvements. To the extent the Agency does
not have Tax Increment Funds available on the date of this Agreement, the Agency
shall pay to the City the first of any and all existing or future funds due to or received by
the Agency including, without limitation, Tax Increment Funds, for the purpose of
acquiring land or constructing the Public Improvements.
3. Indebtedness.
3.1 The Agency's obligations under this Agreement, including without limitation
the Agency's obligation to make the payments to the City required by this Agreement,
shall constitute an indebtedness of the Agency for the purpose of carrying out the
redevelopment of the Project Areas and are obligations to make payments authorized
and incurred pursuant to CRL and other applicable statutes including, but not limited to,
Section 33445 of the CRL. The obligations of the Agency set forth in this Agreement are
contractual obligations that, if breached, will subject the Agency to damages and other
liabilities or remedies.
3.2 Notwithstanding the provisions of Section 3.1, the obligations of the
Agency under this Agreement shall be subordinate to the rights of the holder or holders
of any existing bonds, notes or other instruments of indebtedness of the Agency
incurred or issued to finance the Project Area.
4. City's Obligations.
4.1 The City shall undertake the Public Improvements upon receipt of Agency
Funds, or as soon thereafter as reasonably practicable.
4.2 The City shall use Agency Funds solely for the purpose of constructing the
Public Improvements associated with such Agency Funds as set forth in Exhibit "A ".
5. General Terms.
5.1 Modification and Amendments. This Agreement may be modified or
amended only by a written instrument signed by both Parties to this Agreement.
4
5.2 Default. If either party fails to perform or adequately perform an obligation
required by this Agreement within thirty (30) calendar days of receiving written notice
from the non - defaulting party, the party failing to perform shall be in default hereunder. In
the event of default, the non - defaulting party will have all the rights and remedies available
to it at law or in equity to enforce the provisions of this contract, including without
limitation the right to sue for damages for breach of contract. The rights and remedies
of the non - defaulting party enumerated in this paragraph are cumulative and shall not
limit the non - defaulting party's rights under any other provision of this Agreement, or
otherwise waive or deny any right or remedy, at law or in equity, existing as of the date of
the Agreement or hereinafter enacted or established, that may be available to the non -
defaulting party against the defaulting party.
5.3 Binding on Successors. This Agreement shall be binding on and shall
inure to the benefit of all successors and assigns of the parties, whether by agreement or
operation of law.
5.4 Severability. If any term, provision, or section of this Agreement is
declared by a court of competent jurisdiction to be invalid or unenforceable, the Agency
and the City agree that the invalid term, portion or section may be severed from this
Agreement and the remainder of this Agreement may be enforced in its entirety and the
remaining provisions of the Agreement shall not in any way be affected or impaired
thereby.
5.5 Waiver. No waiver by either Party of any breach of or default under this
Agreement shall be deemed to be a waiver of any other or subsequent breach
hereunder.
5.6 No Third Party Beneficiary. This Agreement is intended solely for the
benefit of the City and the Agency. Notwithstanding any reference in this Agreement to
persons or entities other than the City and the Agency, there shall be no third party
beneficiaries under this Agreement.
5.7 Section Headings. The section headings used in this Agreement are for
the purposes of convenience only and shall not in any way alter or amend the express
terms of each section.
[SIGNATURES ON THE FOLLOWING PAGE]
5
SIGNATURE PAGE TO
COOPERATIVE AGREEMENT
(PUBLIC IMPROVEMENTS)
BY AND BETWEEN
ARCADIA REDEVELOPMENT AGENCY
AND
CITY OF ARCADIA
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed by their duly authorized representatives as of the date first hereinabove
written.
AGENCY: CITY:
ARCADIA REDEVELOPMENT AGENCY, CITY OF ARCADIA,
a public body, corporate and politic a California municipal corporation and
charter city
By: By:
Donald Penman, Executive Director Donald Penman, City Manager
ATTEST: ATTEST:
•
By: By:
Agency Secretary City Clerk
APPROVED AS TO FORM APPROVED AS TO FORM
By: By:
Stephen P. Deitsch, Agency Counsel Stephen P. Deitsch, City Attorney
6
EXHIBIT "A"
Description and Cost of Public Improvements
Arcadia Redevelopment Agency
Public Improvements — HSC Section 33445
Gold Line Improvements
• Design of Gold Line Transit Plaza $ 50,000
• Gold Line Pedestrian Linkage Improvements (matching funds for MTA Grant) $ 833,000
• Transit Plaza Improvements (matching funds for MTA Grant) $ 136,000
Downtown Improvements
• Streetscape — Landscaping Improvements
o Downtown 2000 Streetscape Improvements $ 500,000
o Gateway Landscape Beautification Project $ 300,000
• Street Circulation/Traffic Improvements
o Huntington Drive Capacity Improvements $ 600,000
Total Costs of Projects $2,419,000
7
Exhibit "A"
ATTACHMENT B
RESOLUTION NO. 6762
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING THAT CERTAIN
COOPERATIVE AGREEMENT WITH THE
REDEVELOPMENT AGENCY OF THE CITY OF ARCADIA
REGARDING THE USE OF PROPERTY TAX INCREMENT
FUNDS FOR THE FINANCING OF CERTAIN PUBLIC
IMPROVEMENTS AND MAKING CERTAIN RELATED
FINDINGS AND TAKING CERTAIN ACTION PURSUANT
TO CALIFORNIA HEALTH AND SAFETY CODE
SECTIONS 33445 AND 33679 AND APPROPRIATING
FUNDS THEREFOR (PUBLIC SAFETY TRAINING
FACILITY AND OVERFLOW PARKING LOT/
IMPROVEMENTS AT LIVE OAK AVENUE)
WHEREAS, the City Council ( "City Council ") of the City of Arcadia ( "City ")
approved and adopted a redevelopment plan ( "Redevelopment Plan ") for a
redevelopment project area known as the Downtown Arcadia Central Redevelopment
Project Area ( "Project Area ") on December 26, 1973; and
WHEREAS, the Arcadia Redevelopment Agency ( "Agency ") is engaged in
activities to execute and implement the Redevelopment Plan for the Project Area
pursuant to the provisions of the California Community Redevelopment Law (Health and
Safety Code § 33000, et seq.) ( "CRL "); and
WHEREAS, the City proposes to fund the following public improvement projects
on or pertaining to real property located within the Project Area: construction of a public
safety training facility for the Police, Fire and Public Works Services Departments
( "Training Facility "), and a public parking lot improvement project included as part of an
earlier Project Area action ( "Public Parking Lot Facility "); and
WHEREAS, under CRL Section 33445, with the City Council's consent, the
Agency is authorized to use the Agency's property tax increment funds, which it
receives pursuant to CRL Section 33670, to pay all or part of the value of the installation
1
or construction of public improvements; and
WHEREAS, in accordance with CRL Section 33445, the Agency proposes to
contribute property tax increment funds for the purpose of paying all or part of the cost
of the Training Facility and Public Parking Lot Facility; and
WHEREAS, the City Council is required to make certain findings set forth in CRL
Section 33445 with respect to the Agency's use of property tax increment funds to pay
for the costs of the Training Facility and Public Parking Lot Facility; and
WHEREAS, the City Council makes such findings with regard to the Training
Facility and Public Parking Lot Facility as set forth in this Resolution below; and
WHEREAS, under CRL Section 33679, before the Agency commits to using
property tax increment funds for the purpose of paying all or part of the cost of the
installation and construction of a publicly owned building, the City Council must hold a
public hearing with regard to such installation and construction of a publicly owned
building; and
WHEREAS, notice of the time and place of the public hearing was published in
Arcadia Weekly, a newspaper of general circulation in the City in accordance with CRL
Section 33679; and
WHEREAS, a summary report, attached hereto as Exhibit "A ", was prepared by
Agency staff and made available to the public on March 24, 2011, including the
following in accordance with CRL Section 33679: (i) estimate of the amount of taxes
proposed to be used to pay for the Training Facility, including interest payments; (ii)
facts supporting the determinations required to be made by the City Council pursuant to
CRL Section 33445; and (iii) the redevelopment purpose for which the taxes are being
2
used to pay for the land and construction of the Training Facility; and
WHEREAS, a public hearing was held by the City Council with regard to the use
of Agency property tax increment funds for the Training Facility on April 5, 2011; and
WHEREAS, the City and the Agency desire to enter into that certain cooperative
agreement ( "Cooperative Agreement ") wherein the Agency shall provide Agency tax
increment funds to the City and the City shall solely use such funds for the purpose of
constructing the Training Facility and Public Parking Lot Facility, attached hereto as
Exhibit "B "; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The facts set forth in the recitals above are true and correct and are
hereby incorporated into the City Council's findings and determinations.
SECTION 2. The City Council hereby finds, based on the information made
available in the staff report accompanying this Resolution and any oral presentation of
staff or other written and oral evidence as presented to the City Council, with regard to
the Training Facility and Public Parking Lot Facility, that for the Training Facility, the
primary element will be a training tower with an enclosed stairwell, exterior balconies,
accessible rooftops, water standpipe and sprinkler systems, etc. The training tower will
enable fire and police personnel to practice multiple disciplines within their area of
expertise. The training props provided will enable fire, police, and public works
personnel to practice the rescue of persons and stay current in all mandated training
3
programs without leaving the City of Arcadia. With regard to the Public Parking Lot
Facility, the project will construct a new asphalt parking lot and ancillary improvements
for joint use adjacent to the public property at the Par 3 Golf Course at 630 East Live
Oak Avenue. This parking lot is part of the Agency's obligation as part of the purchase
of 21 Morlan Place from the Church in Arcadia within the Project Area.
(a) The Agency's provision of tax increment funds to be used to fund
the construction of the Training Facility and Public Parking Lot Facility is of benefit to the
Project Area because: (1) the Training Facility will improve public health, safety and
welfare within the Project Area because police, fire and public works officers and
employees will be better equipped to handle criminal, health and safety issues within
the Project Area; (2) Tong -term economic and property development will be encouraged
as a result of the improved health, safety and public infrastructure and public services
within the Project Area, and (3) the construction of the parking lot adjacent to the
Church in Arcadia site on Live Oak Avenue is a benefit to the project area because it
enables the Church to vacate its existing facility and allow that facility to be demolished
and incorporated into a beneficial redevelopment project.
(b) There are no other reasonable means of financing the Training
Facility or Public Parking Lot Facility available to the City because: (1) the City's general
fund moneys are fully committed to other programs, projects and financial obligations
and may not be used to fund the construction of the Training Facility; (2) the City's
reserve funds must remain in reserve and may not be used toward the construction of
the Training Facility or Public Parking Lot Facility; (3) there are no other funds available
to be used toward the construction of the Training Facility or Public Parking Lot Facility;
4
(4) there are no revenues from City taxes available for use in constructing the Training
Facility or Public Parking Lot Facility.
(c) The Training Facility will assist in the elimination of one or more
blighting conditions in the Project Area by: (1) improving crime prevention and public
health and safety as a result of improved training for police, fire and public works
officers and employees; and (2) encouraging new development throughout the Project
Area as a result of improved health, safety and public infrastructure and public services
within Project Area. The Public Parking Lot Facility will assist in the elimination of one or
more blighting conditions in the Project Area by facilitating the removal of a blighted
building from the Project Area that will now be rebuilt in a suitable location.
(d) The payment of funds for constructing the Training Facility is
consistent with the Implementation Plan adopted pursuant to CRL Section 33490.
SECTION 3. The City Council hereby approves the Agency's use of tax
increment funds for purposes of the Training Facility and the Public Parking Lot Facility,
and authorizes and directs the City Manager, with the concurrence of the City Attorney,
to execute and take any other action as may be necessary to enter into that certain
Cooperative Agreement on behalf of the City.
SECTION 4. The City Council hereby finds that the Agency's financing of the
Training Facility and Public Parking Lot Facility is exempt from the requirements of the
California Environmental Quality Act (codified as Public Resources Code Section
21000, et seq.) ( "CEQA ") pursuant to State CEQA Guidelines Section 15378(b),
because such approval constitutes the creation of government funding mechanisms or
other government funding activities which do not involve any commitment to any
5
specific project which may result in a potentially significant physical impact on the
environment. The Project is also exempt per CEQA Guidelines Sections 15301 (Existing
Facilities) and 15303 (New Construction or Conversion of Small Structures).
SECTION 5. The City Council hereby authorizes and directs City staff to file a
Notice of Exemption with the Clerk of the Board of Supervisors of the County of Los
Angeles, California, within five (5) working days following the date of adoption of this
Resolution.
SECTION 6. The Mayor shall sign this Resolution and the City Clerk shall certify
the adoption thereof.
SECTION 7. This Resolution shall take effect immediately upon its adoption.
Passed, approved and adopted this day of , 2011.
Mayor of the City of Arcadia
ATTEST:
City Clerk
APPROVED AS TO FORM:
s p f
Stephen P. Deitsch
City Attorney
6
Exhibit "A"
CRL Section 33679 Summary Report
[See attached behind this cover page]
7
EXHIBIT A
SUMMARY REPORT
PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 AND 33679
ARCADIA REDEVELOPMENT AGENCY PUBLIC BUILDING /FACILITY PROJECTS
Introduction
This Summary Report has been prepared by the Arcadia Redevelopment Agency
( "Agency ") consistent with Health and Safety Code Section 33445 and 33679 and
serves to describe several proposed public improvement projects in and near the
Project Area. The Summary Report has been prepared in order to explain to the public
why Agency tax increment funds are to be used to pay for these public improvements.
The 2010 -2015 Agency Five Year Implementation Plan was adopted on December 1,
2009. The projects listed below are included in the Implementation Plan. Included for
each project below is a project description and the findings required pursuant to Section
33445.
Public Facilities /Buildings
1) Public Safety Training Facility $1,500,000
The primary element of the Joint Training Facility will be a training tower with an
enclosed stairwell, exterior balconies, accessible rooftops, water standpipe and
sprinkler systems, smoke generating system, anchor points for repelling, and a burn
room for live fire training. This training tower will enable fire and police personnel to
practice multiple disciplines within their area of expertise. Training props will also be
constructed within the Joint Training Facility to simulate trench rescue, confined
space rescue and building collapse scenarios. These training props will enable fire,
police and public works personnel to practice the rescue of persons injured or
trapped during this type of incident and provide a suitable site for public works and
fire personnel to stay current in Occupational Safety and Health Administration
(OSHA) mandated training.
Findings for the Public Safety Training Facility
The Agency's provision of tax increment funds to be used for the construction of the
Public Safety Training Facility are of benefit to the Project Area because: (1) the
improvements will improve public safety by providing a joint training facility in close
proximity to the Arcadia Police and Fire Stations. Currently, staff needs to leave
town during mandatory training activities, exposing the City to risk if an emergency
were to occur. With mandatory training becoming more and more prevalent, this
training facility is critical in the long range planning for the Fire Department and
•
Police Department as well as the Public Works Services Department; (2) the
appearance, viability, safety and quality of life within the Project Area will be
enhanced; (3) and long -term economic and property development will be
encouraged as a result of the improved public safety and retention of safety staff
within the City in the event of an emergency.
There are no other reasonable means of financing the improvements available to the
City because: (1) the City's general fund moneys are fully committed to other
programs, projects and financial obligations and may not be used to complete the
improvements; (2) the City's reserve funds must remain in reserve and may not be
used toward the completion of the improvements; (3) there are no other funds
available to be used to complete the improvements; (4) there are no revenues from
City taxes available for use in completing the improvements.
The improvements will assist in the elimination of one or more blighting conditions in
the Project Area by: (1) improving public safety within the Project Area; (2)
encouraging development of an underutilized parcel within the Project Area for a use
that will benefit the Project Area.
The payment of funds for constructing the improvements is consistent with the
Implementation Plan adopted pursuant to CRL Section 33490 and the R
Redevelopment Plan.
2) Overflow Parking Lot/Improvements on Live Oak Avenue $130,000
This project will construct a new asphalt parking lot and ancillary improvements for
joint use adjacent to public property at the Par 3 Golf Course at 630 East Live Oak
Avenue. This parking lot is part of the Agency's obligation as part of the purchase of
21 Morlan Place from the Church in Arcadia and relocation to its new building on
Live Oak. This purchase has facilitated the use of the former Church property on
Morlan Place for a Redevelopment project with Rusnak Mercedes Benz.
Findings for the Overflow Parking Lot/Improvements on Live Oak Avenue
The Agency's provision of tax increment funds to be used for the construction of the
Huntington Drive project improvements are of benefit to the Project Area because:
(1) the improvements will improve public safety and travel within the Project Area
through improved circulation and access, (2) the appearance, viability, safety and
quality of life within the Project Area will be enhanced; (3) and long -term economic
and property development will be encouraged as a result of the improved access
and circulation to and through the Downtown area.
There are no other reasonable means of financing the improvements available to the
City because: (1) the City's general fund moneys are fully committed to other
programs, projects and financial obligations and may not be used to complete the
improvements; (2) the City's reserve funds must remain in reserve and may not be
used toward the completion of the improvements; (3) there are no other funds
available to be used to complete the improvements; (4) there are no revenues from
City taxes available for use in completing the improvements.
The improvements will assist in the elimination of one or more blighting conditions in
the Project Area by: (1) improving travel and public safety within the Project Area; (2)
encouraging new development near in the Downtown area in particular as well as
throughout the Project Area as a result of improved access and circulation patterns
to and through the project area.
The payment of funds for constructing the improvements is consistent with the
Implementation Plan adopted pursuant to CRL Section 33490 and the
Redevelopment Plan.
Total Tax Increment to be utilized for Public Facilities /Buildings $1,630,000
Exhibit "B"
Cooperative Agreement
[See attached behind this cover page]
8
COOPERATIVE AGREEMENT
(TRAINING FACILITY AND PUBLIC PARKING LOT FACILITY)
BY AND BETWEEN
ARCADIA REDEVELOPMENT AGENCY
AND
CITY OF ARCADIA
This Cooperative Agreement (Training Facility and Public Parking Lot Facility) is
entered into this day of , 2011 by and between the Arcadia
Redevelopment Agency, a public body, corporate and politic ( "Agency ") and the City of
Arcadia, a California municipal corporation and charter city ( "City "). The Agency and the
City each may be referred to as "Party" or collectively as the "Parties" in this Agreement.
RECITALS
WHEREAS, the City Council ( "City Council ") of the City of Arcadia ( "City ")
approved and adopted a redevelopment plan ( "Redevelopment Plan ") for a
redevelopment project area known as the Downtown Arcadia Central Redevelopment
Project Area ( "Project Area ") on December 26, 1973; and
WHEREAS, the Agency is engaged in activities to execute and implement the
Redevelopment Plan pursuant to the provisions of the California Community
Redevelopment Law (Health and Safety Code § 33000, et seq.) ( "CRL "); and
WHEREAS, the Agency desires to transfer that certain amount of redevelopment
tax increment funds ( "Agency Funds "), set forth in Exhibit "A" attached hereto and
incorporated herein by reference, to the City, and the City desires to accept such funds
for the City to conduct the following public improvement within the Project Area as
further described in Exhibit "A" attached hereto: construction of a public safety training
facility for the Police, Fire and Public Works Services Departments ( "Training Facility ");
and a public parking lot improvement project included as part of an earlier Project Area
action ( "Public Parking Lot Facility "); and
WHEREAS, CRL Section 33445 provides that the Agency may use tax increment
funds, received pursuant to CRL Section 33670 ( "Tax Increment Funds "), to pay all or a
part of the value of the cost of the installation and construction of public improvements
located inside or contiguous to the Project Area if the City Council makes certain
findings; and
WHEREAS, in City Council Resolution No. 6762, on April 5, 2011, the City
Council has made the following necessary findings pursuant to CRL Section 33445 with
regard to the Training Facility and Public Parking Lot Facility that for the Training
Facility, the primary element will be a training tower with an enclosed stairwell, exterior
balconies, accessible rooftops, water standpipe and sprinkler systems, etc. The training
tower will enable fire and police personnel to practice multiple disciplines within their
area of expertise. The training props provided will enable fire, police, and public works
1
personnel to practice the rescue of persons and stay current in all mandated training
programs without leaving the City of Arcadia. With regard to the Public Parking Lot
Facility, the project will construct a new asphalt parking lot and ancillary improvements
for joint use adjacent to the public property at the Par 3 Golf Course at 630 East Live
Oak Avenue. This parking lot is part of the Agency's obligation as part of the purchase
of 21 Morlan Place from the Church in Arcadia within the Redevelopment Area.
(a) The Agency's provision of tax increment funds to be used to fund
the construction of the Training Facility and Public Parking Lot Facility is of benefit to the
Project Area because: (1) the Training Facility will improve public health, safety and
welfare within the Project Area because police, fire and public works officers and
employees will be better equipped to handle criminal, health and safety issues within
the Project Area; (2) long -term economic and property development will be encouraged
as a result of the improved health, safety and public infrastructure and public services
within the Project Area, and 3) the construction of the parking lot adjacent to the Church
in Arcadia site on Live Oak Avenue in a benefit to the project area because it enable the
Church to vacate their existing facility and allow that facility to be demolished and
incorporated into a beneficial Redevelopment project.
(b) There are no other reasonable means of financing the Training
Facility or the Public Parking Lot Facility available to the City because: (1) the City's
general fund moneys are fully committed to other programs, projects and financial
obligations and may not be used to fund the construction of the Training Facility or the
Public Parking Lot Facility; (2) the City's reserve funds must remain in reserve and may
not be used toward the construction of the Training Facility or the Public Parking Lot
Facility; (3) there are no other funds available to be used toward the construction of the
Training Facility or the Public Parking Lot Facility; (4) there are no revenues from City
taxes available for use in constructing the Training Facility or the Public Parking Lot
Facility;
(c) The Training Facility will assist in the elimination of one or more
blighting conditions in the Project Area by: (1) improving crime prevention and public
health and safety as a result of improved training for police, fire and public works
officers and employees; and (2) encouraging new development throughout the Project
Area as a result of improved health, safety and public infrastructure and public services
within Project Area. The Public Parking Lot Facility will assist in the elimination of one or
more blighting conditions in the Project Area by facilitation the removal of a blighted
building from the Project Area that will now be rebuilt in a suitable location.
(d) The payment of funds for constructing the Training Facility and
Public Parking Lot Facility is consistent with the Implementation Plan adopted pursuant
to CRL Section 33490; and
WHEREAS, under CRL Section 33679, before the Agency commits to using
property tax increment funds for the purpose of paying all or part of the cost of the
installation and construction of a publicly owned building, the City Council must hold a
public hearing; and
2
WHEREAS, notice of the time and place of the public hearing was published in
Arcadia Weekly, a newspaper of general circulation in the City on March 24, 2011 and
March 28, 2011 in accordance with CRL Section 33679; and
WHEREAS, a summary report was prepared by Agency staff and made available
to the public on March 24, 2011, including the following in accordance with CRL Section
33679: (i) estimate of the amount of taxes proposed to be used to pay for the Training
Facility, including interest payments; (ii) facts supporting the determinations required to
be made by the City Council pursuant to CRL Section 33445; and (iii) the
redevelopment purpose for which the taxes are being used to pay for the land and
construction of the Training Facility; and
WHEREAS, a public hearing was held by the City Council with regard to the use
of Agency property tax increment funds for the Training Facility on April 5, 2011.
AGREEMENT
NOW, THEREFORE, in consideration of the promises contained below and other
good and sufficient consideration, the Agency and the City agree as follows:
1. Recitals. The Recitals set forth above are incorporated into this Agreement by
this reference.
2. Agency's Obligations.
2.1 The Agency agrees to pay Tax Increment Funds to the City to provide the
City with funds to construct the Training Facility and Public Parking Lot Facility. To the
extent the Agency does not have Tax Increment Funds available on the date of this
Agreement, the Agency shall pay to the City the first of any and all existing or future,
funds due to or received by the Agency including, without limitation, Tax Increment
Funds, for the purpose of acquiring land or constructing the Training Facility or Public
Parking Lot Facility.
3. Indebtedness.
3.1 The Agency's obligations under this Agreement, including without
limitation the Agency's obligation to make the payments to the City required by this
Agreement, shall constitute an indebtedness of the Agency for the purpose of carrying
out the redevelopment of the Project Areas and are obligations to make payments
authorized and incurred pursuant to CRL and other applicable statutes including, but not
limited to, Section 33445 of the CRL. The obligations of the Agency set forth in this
Agreement are contractual obligations that, if breached, will subject the Agency to
damages and other liabilities or remedies.
3.2 Notwithstanding the provisions of Section 3.1, the obligations of the
Agency under this Agreement shall be subordinate to the rights of the holder or holders
of any existing bonds, notes or other instruments of indebtedness of the Agency
incurred or issued to finance the Project Area.
3
4. City's Obligations.
4.1 The City shall undertake the construction of the Training Facility and
Public Parking Lot Facility upon receipt of Agency Funds, or as soon thereafter as
reasonably practicable.
4.2 The City shall use Agency Funds solely for the purpose of constructing the
Training Facility and Public Parking Lot Facility associated with such Agency Funds as
set forth in Exhibit "A ".
5. General Terms.
5.1 Modification and Amendments. This Agreement may be modified or
amended only by a written instrument signed by both Parties to this Agreement.
5.2 Default. If either Party fails to perform or adequately perform an obligation
required by this Agreement within thirty (30) calendar days of receiving written notice
from the non - defaulting Party, the Party failing to perform shall be in default hereunder.
In the event of default, the non - defaulting Party will have all the rights and remedies
available to it at law or in equity to enforce the provisions of this contract, including
without limitation the right to sue for damages for breach of contract. The rights and
remedies of the non - defaulting Party enumerated in this paragraph are cumulative and
shall not limit the non - defaulting Party's rights under any other provision of this
Agreement, or otherwise waive or deny any right or remedy, at law or in equity, existing
as of the date of the Agreement or hereinafter enacted or established, that may be
available to the non - defaulting Party against the defaulting Party.
5.3 Binding on Successors. This Agreement shall be binding on and shall
inure to the benefit of all successors and assigns of the Parties, whether by agreement
or operation of law.
5.4 Severability. If any term, provision, or section of this Agreement is
declared by a court of competent jurisdiction to be invalid or unenforceable, the Agency
and the City agree that the invalid term, portion or section may be severed from this
Agreement and the remainder of this Agreement may be enforced in its entirety and the
remaining provisions of the Agreement shall not in any way be affected or impaired
thereby.
5.5 Waiver. No waiver by either Party of any breach of or default under this
Agreement shall be deemed to be a waiver of any other or subsequent breach
hereunder.
5.6 No Third Party Beneficiary. This Agreement is intended solely for the
benefit of the City and the Agency. Notwithstanding any reference in this Agreement to
persons or entities other than the City and the Agency, there shall be no third party
beneficiaries under this Agreement.
4
5.7 Section Headings. The section headings used in this Agreement are for
the purposes of convenience only and shall not in any way alter or amend the express
terms of each section.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed by their duly authorized representatives as of the date first hereinabove
written.
AGENCY: CITY:
ARCADIA REDEVELOPMENT AGENCY, CITY OF ARCADIA, a California
a public body, corporate and politic municipal corporation and charter city
By: By:
Donald Penman, Executive Director Donald Penman, City Manager
ATTEST: ATTEST:
By: By:
Agency Secretary City Clerk
APPROVED AS TO FORM APPROVED AS TO FORM
By: By:
Stephen P. Deitsch, Agency Counsel Stephen P. Deitsch, City Attorney
5
EXHIBIT "A"
Description and Cost of Public Improvements
Arcadia Redevelopment Agency
Public Buildings /Facilities — HSC Section 33445
Public Safety Training Facility $1,500,000
Overflow Parking Lot/Improvements at Live Oak Avenue $130,000
Total Costs of Projects $1,630,000
6
Exhibit "A"
ATTACHMENT C
ARA RESOLUTION NO. 242
A RESOLUTION OF THE ARCADIA REDEVELOPMENT
AGENCY APPROVING THAT CERTAIN COOPERATIVE
AGREEMENT WITH THE CITY OF ARCADIA REGARDING
THE USE OF PROPERTY TAX INCREMENT FUNDS FOR
THE FINANCING OF CERTAIN PUBLIC IMPROVEMENTS
AND MAKING CERTAIN RELATED FINDINGS PURSUANT
TO CALIFORNIA HEALTH AND SAFETY CODE SECTION
33445 AND APPROPRIATING FUNDS THEREFOR (GOLD
LINE AND DOWNTOWN IMPROVEMENTS)
WHEREAS, the City Council ( "City Council ") of the City of Arcadia ( "City ")
approved and adopted a redevelopment plan ( "Redevelopment Plan ") for a
redevelopment project area known as the Downtown Arcadia Central Redevelopment
Project Area ( "Project Area ") on December 26, 1973; and
WHEREAS, the Arcadia Redevelopment Agency ( "Agency ") is engaged in
activities to execute and implement the Redevelopment Plan for the Project Area
pursuant to the provisions of the California Community Redevelopment Law (Health and
Safety Code § 33000, et seq.) ( "CRL "); and
WHEREAS, the City proposes to fund the following public improvement projects
on or pertaining to various parcels of real property located within the Project Area: (1)
pedestrian and transit plaza improvements to the area adjacent to the Metro Gold Line
station in Arcadia ( "Gold Line Improvements "); and (2) street improvements, sidewalk
repair, landscaping, tree maintenance and lighting improvements within the Downtown
area of the City ( "Downtown Improvements ") (collectively, "Public Improvements "); and
WHEREAS, under CRL Section 33445, with the City Council's consent, the
Agency is authorized to use the Agency's property tax increment funds, which it
receives pursuant to CRL Section 33670, to pay all or part of the value of the installation
or construction of public improvements; and
1
WHEREAS, in accordance with CRL Section 33445, the Agency proposes to
contribute property tax increment funds for the purpose of paying all or part of the cost
of the Public Improvements; and
WHEREAS, the City Council is required to make certain findings set forth in CRL
Section 33445 with respect to the Agency's use of property tax increment funds to pay
for the costs of the Public Improvements; and
WHEREAS, the City Council has made such findings with regard to the Public
Improvements as set forth in Resolution No. 6761, dated April 5, 2011; and
WHEREAS, the City and the Agency desire to enter into that certain cooperative
agreement ( "Cooperative Agreement ") wherein the Agency shall provide Agency tax
increment funds to the City and the City shall solely use such funds for the purpose of
constructing the Public Improvements; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, THE ARCADIA REDEVELOPMENT AGENCY DOES
HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The facts set forth in the recitals above are true and correct and are
hereby incorporated into the Governing Board of the Agency's findings and
determinations.
SECTION 2. The City Council has found, and the Governing Board of the
Agency ( "Governing Board') confirms, based on the information made available in the
staff report accompanying this Resolution and any oral presentation of staff or other
written and oral evidence as presented to the Agency, with regard to the Gold Line
2
Improvements that: that these improvements will add enhancements to the Gold Line
area that will upgrade the quality of the overall Gold Line appearance and experience in
Arcadia for visitors, businesses and residents. These improvements will enhance
circulation which facilitates access to the Project Area and benefits local businesses
through bringing new customers to Downtown Arcadia. The Transit Plaza project is
located on a triangular piece of property at the northwest corner of Santa Clara Street
and First Avenue, adjacent to the Gold Line station and parking structure. The project
will create an important public gathering place and will install landscaping, benches,
trash receptacles, lighting fixtures, public art, and wayfinding elements. The Gold Line
Pedestrian Linkage Project includes an area up to 1/4 mile radius from the planned Gold
Line station on streets radiating from or approaching the station including Santa Clara
Street, First Avenue, and Wheeler Street. The project will create 1.45 miles of
pedestrian enhancements by installing pedestrian scaled lighting, wayfinding signage,
landscaping, benches, trash receptacles, sidewalk widening, curb ramps, crosswalk
enhancements, pedestrian timed signals, and curb extensions.
(a) The Agency's provision of tax increment funds to be used as
matching funds for the grant of funds for the construction of the Gold Line
Improvements is a benefit to the Project Area because: (1) the Gold Line Improvements
will improve public safety and travel to and from and within the Project Area; (2) more
people will be drawn into the Project Area as a result of the Metro Gold Line station; (3)
and long -term economic and property development will be encouraged as a result of the
ease of travel to and from the Project Area.
3
(b) There are no other reasonable means of financing the Public
Improvements available to the City because: (1) the City's general fund moneys are fully
committed to other programs, projects and financial obligations and may not be used as
match funds necessary to receive a grant to complete the Gold Line Improvements; (2)
the City's reserve funds must remain in reserve and may not be used toward the
completion of the Gold Line Improvements; (3) there are no other funds available to be
used as match funds to obtain the grants to complete the Gold Line Improvements; (4)
there are no revenues from City taxes available for use in completing the Gold Line
Improvements.
(c) The Gold Line Improvements will assist in the elimination of one or
more blighting conditions in the Project Area by: (1) improving travel and public
transportation flow to and from the Project Area; and (2) encouraging new development
near the Metro Gold Line station in particular as well as throughout the Project Area as
a result of improved travel and the associated influx of people into the Project Area as a
result of the Gold Line Improvements.
(d) The payment of funds for constructing the Gold Line Improvements
is consistent with the Implementation Plan adopted pursuant to CRL Section 33490.
SECTION 3. The City Council has found, and the Governing Board confirms,
based on the information made available in the staff report accompanying this
Resolution and any oral presentation of staff or other written and oral evidence as
presented to the Agency, with regard to the Downtown Improvements that these
improvements are crucial to the appearance and function of the Project Area. The street
improvements along Huntington Drive are critical in expanding capacity along the
4
Project Area's major thoroughfare. Huntington Drive provides the major east -west
corridor through the Project Area and currently a "bottleneck" exists at the intersection
of Huntington Drive, Colorado Place, and Santa Clara Street. This project will add turn
lanes, complete signal improvements, upgrade sidewalks, and enhance driver safety in
this area. Landscaping improvements at the "gateway" into the Project Area at the 1 -210
Freeway and Santa Anita Avenue are another long planned project that will greatly aid
in the creation of a positive aesthetic image of the Project Area. These on -ramps are
currently a visual blight and are not maintained by Caltrans due to budget concerns.
This project will be the first impression visitors and residents will have as they enter the
Project Area from the Freeway or from the north. The public improvements along
Huntington Drive and First Avenue will be an extension of the Gold Line Pedestrian
linkage improvements and will enhance the Project Area through the removal of
damaging trees, the planting of new trees and landscaping, the addition of pedestrian
lighting, sidewalk repair, and maintenance of the streetscapes on these two vital streets
within the Project Area.
(a) The Agency's provision of tax increment funds to be used for the
construction of the Downtown Improvements is of benefit to the Project Area because:
(1) the Downtown Improvements will improve public safety and travel within the Project
Area as a result of improved sidewalks and lighting; (2) the appearance, viability, safety
and qualify of life within the Project Area will be enhanced; (3) more people will be
drawn into the Project Area as a result of the Downtown Improvements; (4) and long-
term economic and property development will be encouraged as a result of the
improved appearance of the Downtown area.
5
(b) There are no other reasonable means of financing the Downtown
Improvements available to the City because: (1) the City's general fund moneys are fully
committed to other programs, projects and financial obligations and may not be used to
complete the Downtown Improvements; (2) the City's reserve funds must remain in
reserve and may not be used toward the completion . of the Downtown Improvements;.
(3) there are no other funds available to be used to complete the Downtown
Improvements; (4) there are no revenues from City taxes available for use in completing
the Downtown Improvements.
(c) The Downtown Improvements will assist in the elimination of one or
more blighting conditions in the Project Area by: (1) improving pedestrian travel and
public safety within the Project Area; (2) providing much needed aesthetic treatments to
underutilized and under maintained public areas; and (3) encouraging new development
near in the Downtown area in particular as well as throughout the Project Area as a
result of improved pedestrian travel and the associated influx of people into the
Downtown area as a result of the Downtown Improvements.
(d) The payment of funds for constructing the Downtown
Improvements is consistent with the Implementation Plan adopted pursuant to CRL
Section 33490.
SECTION 4. The Governing Board accepts the Summary Report attached as
Exhibit "A" an hereby authorizes and directs the Executive Director of the Agency, with
the concurrence of the Agency Counsel, to execute and take any other action as may
be necessary to enter into that certain Cooperative Agreement on behalf of the Agency,
attached as Exhibit "B ".
6
SECTION 5. The Governing Board hereby finds that the Agency's financing of
the Public Improvements is exempt from the requirements of the California
Environmental Quality Act (codified as Public Resources Code Section 21000 et seq.)
( "CEQA ") pursuant to State CEQA Guidelines Section 15378(b), because such approval
constitutes the creation of government funding mechanisms or other government
funding activities which do not involve any commitment to any specific project which
may result in a potentially significant physical impact on the environment. The Projects
are also exempt per CEQA Guidelines Sections 15301 (Existing Facilities) and 15303
(New Construction or Conversion of Small Structures).
SECTION 6. The Agency authorizes and directs Agency staff to file a Notice of
Exemption with the Clerk of the Board of Supervisors of the County of Los Angeles,
California, within five (5) working days following the date of adoption of this Resolution.
SECTION 7. The Agency hereby approves the expenditures of its tax increment
funds for purposes of Gold Line Improvements and Downtown Improvements, and
appropriates $2,419,000 from the Redevelopment Undesignated Reserve fund and
approves the transfer of said funds to the City's Designated General Fund Reserves.
SECTION 8. The Agency Chairperson shall sign this Resolution and the Agency
Secretary shall certify the adoption thereof.
SECTION 9. This Resolution shall take effect immediately upon its adoption.
[SIGNATURES ON THE NEXT PAGE]
7
Passed, approved and adopted this day of , 2011.
Agency Chairperson
ATTEST:
Agency Secretary
APPROVED AS TO FORM:
ScItev 4-61.
Stephen P. Deitsch
Agency Counsel
8
Exhibit "A"
CRL Section 33445 Summary Report
[See attached behind this cover page]
9
EXHIBIT A
SUMMARY REPORT
PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445
ARCADIA REDEVELOPMENT AGENCY PUBLIC IMPROVEMENT PROJECTS
Introduction
This Summary Report has been prepared by the Arcadia Redevelopment Agency
( "Agency ") consistent with Health and Safety Code Section 33445 and serves to
describe several proposed public improvement projects in and near the Project Area.
The Summary Report has been prepared in order to explain to the public why Agency
tax increment funds are to be used to pay for these public improvements.
The 2010 -2015 Agency Five Year Implementation Plan was adopted on December 1,
2009. The projects listed below are included in the Implementation Plan. Included for
each project below is a project description and the findings required pursuant to Section
33445.
Public Improvement Projects
1) Design of Gold Line Transit Plaza $50,000
Transit Plaza Improvements $136,000
Gold Line Pedestrian Linkage Improvements $833,000
The improvements planned for the area adjacent to the Gold Line station will add
enhancements that will upgrade the quality of the overall Gold Line appearance and
experience in Arcadia for visitors, businesses and residents. These improvements
will enhance circulation which facilitates access to the Project Area and benefits
local businesses through bringing new customers to Downtown Arcadia. The Transit
Plaza project is located on a triangular piece of property at the northwest corner of
Santa Clara Street and First Avenue, adjacent to the Gold Line station and parking
structure. The project will create an important public gathering place and will install
landscaping, benches, trash receptacles, lighting fixtures, public art, and wayfinding
elements. The Gold Line Pedestrian Linkage Project includes an area up to 1 /4 mile
radius from the planned Gold Line station on streets radiating from or approaching
the station including Santa Clara Street, First Avenue, and Wheeler Street. The
project will create 1.45 miles of pedestrian enhancements by installing pedestrian
scaled lighting, wayfinding signage, landscaping, benches, trash receptacles,
sidewalk widening, curb ramps, crosswalk enhancements, pedestrian timed signals,
and curb extensions.
1
Findings for Gold Line Projects
The Agency's provision of tax increment funds to be used as matching funds for the
grant of funds for the construction of the Gold Line Improvements is of benefit to the
Project Area because: (1) the Gold Line Improvements will improve public safety and
travel to and from and within the Project Area; (2) more people will be drawn into the
Project Area as a result of the Metro Gold Line station; (3) and long -term economic
and property development will be encouraged as a result of the ease of travel to and
from the Project Area.
There are no other reasonable means of financing the Gold Line Improvements
available to the City because: (1) the City's general fund moneys are fully committed
to other programs, projects and financial obligations and may not be used as match
funds necessary to receive a grant to complete the Gold Line Improvements; (2) the
City's reserve funds must remain in reserve and may not be used toward the
completion of the Gold Line Improvements; (3) there are no other funds available to
be used as match funds to obtain the grants to complete the Gold Line
Improvements; (4) there are no revenues from City taxes available for use in
completing the Gold Line Improvements.
The Gold Line Improvements will assist in the elimination of one or more blighting
conditions in the Project Area by: (1) improving travel and public transportation flow
to and from the Project Area; and (2) encouraging new development near the Metro
Gold Line station in particular as well as throughout the Project Area as a result of
improved travel and the associated influx of people into the Project Area as a result
of the Gold Line Improvements.
The payment of funds for constructing the Gold Line Improvements is consistent with
the Implementation Plan adopted pursuant to CRL Section 33490 and the
Redevelopment Plan.
2) Huntington Drive Capacity Improvements $600,000
This project involves reconstruction /widening of Huntington Drive between Colorado
Place and Santa Anita Avenue to provide: 1) a third travel lane in the westbound
Huntington Drive approach at Colorado Place, 2) a right turn in the northbound
approach of Huntington Drive at Santa Clara Street, 3) a second left turn lane on
both northbound and southbound approaches of Santa Anita Avenue and
Huntington Drive, and 4) reconstruction of median an channelization islands and
traffic signal modification. This project will provide a tremendous benefit to the
Project Area with improved traffic flow, an enhanced image of the Project Area, ease
of reaching local businesses, and accessibility. This is estimated as a $2.1 million
project. The redevelopment- funded portion is crucial for project completion.
Findings for Huntington Drive Capacity Improvement Project
2
The Agency's provision of tax increment funds to be used for the construction of the
Huntington Drive project improvements are of benefit to the Project Area because:
(1) the improvements will improve public safety and travel within the Project Area
through improved circulation and access, (2) the appearance, viability, safety and
quality of life within the Project Area will be enhanced; (3) and long -term economic
and property development will be encouraged as a result of the improved access
and circulation to and through the Downtown area.
There are no other reasonable means of financing the improvements available to the
City because: (1) the City's general fund moneys are fully committed to other
programs, projects and financial obligations and may not be used to complete the
improvements; (2) the City's reserve funds must remain in reserve and may not be
used toward the completion of the improvements; (3) there are no other funds
available to be used to complete the improvements; (4) there are no revenues from
City taxes available for use in completing the improvements.
The improvements will assist in the elimination of one or more blighting conditions in
the Project Area by: (1) improving travel and public safety within the Project Area; (2)
encouraging new development near in the Downtown area in particular as well as
throughout the Project Area as a result of improved access and circulation patterns
to and through the project area.
The payment of funds for constructing the improvements is consistent with the
Implementation Plan adopted pursuant to CRL Section 33490 and the
Redevelopment Plan.
3) Downtown 2000 Streetscape Improvements $500,000
This project is crucial to the appearance and function of the Project Area. The public
improvements along Huntington Drive and First Avenue will be an extension of the
Gold Line Pedestrian linkage improvements and will enhance the Project Area
through the removal of damaging trees, the planting of new trees and landscaping,
the addition of pedestrian lighting, sidewalk repair, and maintenance of the
streetscapes on these two vital streets within the Project Area
Findings for Downtown 2000 Streetscape Improvements
The Agency's provision of tax increment funds to be used for the construction of the
Downtown Improvements is of benefit to the Project Area because: (1) the
Downtown Improvements will improve public safety and travel within the Project
Area as a result of improved sidewalks and lighting; (2) the appearance, viability,
safety and quality of life within the Project Area will be enhanced; (3) more people
will be drawn into the Project Area as a result of the Downtown Improvements; (4)
and long -term economic and property development will be encouraged as a result of
the improved appearance of the Downtown area.
3
There are no other reasonable means of financing the Downtown Improvements
available to the City because: (1) the City's general fund moneys are fully committed
to other programs, projects and financial obligations and may not be used to
complete the Downtown Improvements; (2) the City's reserve funds must remain in
reserve and may not be used toward the completion of the Downtown
Improvements; (3) there are no other funds available to be used to complete the
Downtown Improvements; (4) there are no revenues from City taxes available for
use in completing the Downtown Improvements.
The Downtown Improvements will assist in the elimination of one or more blighting
conditions in the Project Area by: (1) improving pedestrian travel and public safety
within the Project Area; (2) providing much needed aesthetic treatments to
underutilized and under maintained public areas; and (3) encouraging new
development near in the Downtown area in particular as well as throughout the
Project Area as a result of improved pedestrian travel and the associated influx of
people into the Downtown area as a result of the Downtown Improvements.
The payment of funds for constructing the Downtown Improvements is consistent
with the Implementation Plan adopted pursuant to CRL Section 33490 and the
Redevelopment Plan.
4) Gateway Landscape Beautification Project $300,000
Landscaping improvements at the "gateway" into the Project Area at the 1 -210
Freeway and Santa Anita Avenue are another long planned project that will greatly
aid in the creation of a positive aesthetic image of the Project Area. These on -ramps
are currently a visual blight and are not maintained by Caltrans due to budget
concerns. This project will be the first impression visitors and residents will have as
they enter the Project Area from the Freeway or from the north.
Findings for Gateway Landscape Beautification Project
The Agency's provision of tax increment funds to be used for the construction of the
Downtown Improvements is of benefit to the Project Area because: (1) the
Downtown Improvements will improve public safety and travel within the Project
Area as a result of improved sidewalks and lighting; (2) the appearance, viability,
safety and quality of life within the Project Area will be enhanced; (3) more people
will be drawn into the Project Area as a result of the Downtown Improvements; (4)
and Tong -term economic and property development will be encouraged as a result of
the improved appearance of the Downtown area.
There are no other reasonable means of financing the Downtown Improvements
available to the City because: (1) the City's general fund moneys are fully committed
to other programs, projects and financial obligations and may not be used to
complete the Downtown Improvements; (2) the City's reserve funds must remain in
reserve and may not be used toward the completion of the Downtown
4
Improvements; (3) there are no other funds available to be used to complete the
Downtown Improvements; (4) there are no revenues from City taxes available for
use in completing the Downtown Improvements.
The Downtown Improvements will assist in the elimination of one or more blighting
conditions in the Project Area by: (1) improving pedestrian travel and public safety
within the Project Area; (2) providing much needed aesthetic treatments to
underutilized and under maintained public areas; and (3) encouraging new
development near in the Downtown area in particular as well as throughout the
Project Area as a result of improved pedestrian travel and the associated influx of
people into the Downtown area as a result of the Downtown Improvements.
The payment of funds for constructing the Downtown Improvements is consistent
with the Implementation Plan adopted pursuant to CRL Section 33490 and the
Redevelopment Plan.
Total Tax Increment to be utilized for Public Improvement Projects: $2,419,000
•
5
Exhibit "B"
Cooperative Agreement
[See attached behind this cover page]
10
COOPERATIVE AGREEMENT
(PUBLIC IMPROVEMENTS)
BY AND BETWEEN
ARCADIA REDEVELOPMENT AGENCY
AND
CITY OF ARCADIA
This Cooperative Agreement (Public Improvements) is entered into this
day of , 2011 by and between the Arcadia Redevelopment Agency,
a public body, corporate and politic ( "Agency ") and the City of Arcadia, a California
municipal corporation and charter city ( "City "). The Agency and the City each may be
referred to as "Party" or collectively as the "Parties" in this Agreement.
RECITALS
WHEREAS, the City Council ( "City Council ") of the City of Arcadia ( "City ")
approved and adopted a redevelopment plan ( "Redevelopment Plan ") for a
redevelopment project area known as the Downtown Arcadia Central Redevelopment
Project Area ( "Project Area ") on December 26, 1973; and
WHEREAS, the Agency is engaged in activities to execute and implement the
Redevelopment Plan pursuant to the provisions of the California Community
Redevelopment Law (Health and Safety Code § 33000, et seq.) ( "CRL "); and
WHEREAS, the Agency desires to transfer that certain amount of redevelopment
tax increment funds ( "Agency Funds "), set forth in Exhibit "A" attached hereto and
incorporated herein by reference, to the City, and the City desires to accept such funds
for the City to conduct the following public improvements within the Project Area as
further described in Exhibit "A" attached hereto ( "Public Improvements "): (1) pedestrian
and transit plaza improvements to the area adjacent to the Metro Gold Line station
( "Gold Line Improvements "); and (2) sidewalk repair, landscaping, tree maintenance
and lighting in Arcadia's downtown and Huntington Drive Capacity Improvements
( "Downtown Improvements "); and
WHEREAS, CRL Section 33445 provides that the Agency may use tax increment
funds, received pursuant to CRL Section 33670 ( "Tax Increment Funds "), to pay all or a
part of the value of the cost of the installation and construction of public improvements
located inside or contiguous to the Project Area if the City Council makes certain
findings; and
WHEREAS, in City Council Resolution No. 6761, on April 5, 2011, the City
Council has made the following necessary findings pursuant to CRL Section 33445 with
regard to the Gold Line Improvements. The improvements will add enhancements to the
Gold Line area that will upgrade the quality of the overall Gold Line appearance and
experience in Arcadia for visitors, businesses and residents. These improvements will
enhance circulation which facilitates access to the Project Area and benefits local
businesses through bringing new customers to Downtown Arcadia. The Transit Plaza
1
project is located on a triangular piece of property at the northwest corner of Santa
Clara Street and First Avenue, adjacent to the Gold Line station and parking structure.
The project will create an important public gathering place and will install landscaping,
benches, trash receptacles, lighting fixtures, public art, and wayfinding elements. The
Gold Line Pedestrian Linkage Project includes an area up to 1/4 mile radius from the
planned Gold Line station on streets radiating from or approaching the station including
Santa Clara Street, First Avenue, and Wheeler Street. The project will create 1.45 miles
of pedestrian enhancements by installing pedestrian scaled lighting, wayfinding
signage, landscaping, benches, trash receptacles, sidewalk widening, curb ramps,
crosswalk enhancements, pedestrian timed signals, and curb extensions:
(a) The Agency's provision of tax increment funds to be used as matching
funds for the grant of funds for the construction of the Gold Line Improvements is of
benefit to the Project Area because: (1) the Gold Line Improvements will improve public
safety and travel to and from and within the Project Area; (2) more people will be drawn
into the Project Area as a result of the Metro Gold Line station; (3) and long -term
economic and property development will be encouraged as a result of the ease of travel
to and from the Project Area.
(b) There are no other reasonable means of financing the Gold Line
Improvements available to the City because: (1) the City's general fund moneys are fully
committed to other programs, projects and financial obligations and may not be used as
match funds necessary to receive a grant to complete the Gold Line Improvements; (2)
the City's reserve funds must remain in reserve and may not be used toward the
completion of the Gold Line Improvements; (3) there are no other funds available to be
used as match funds to obtain the grants to complete the Gold Line Improvements; (4)
there are no revenues from City taxes available for use in completing the Gold Line
Improvements.
(c) The Gold Line Improvements will assist in the elimination of one or more
blighting conditions in the Project Area by: (1) improving travel and public transportation
flow to and from the Project Area; and (2) encouraging new development near the Metro
Gold Line station in particular as well as throughout the Project Area as a result of
improved travel and the associated influx of people into the Project Area as a result of
the Gold Line Improvements.
(d) The payment of funds for constructing the Gold Line Improvements is
consistent with the Implementation Plan adopted pursuant to CRL Section 33490 and
the Redevelopment Plan.
WHEREAS, in City Council Resolution No. 6761, on April 5, 2011, the City
Council has made the following necessary findings pursuant to CRL Section 33445 with
regard to the Downtown Improvements. These improvements are crucial to the
appearance and function of the Project Area. The street improvements along
Huntington Drive are critical in expanding capacity along the Project Area's major
thoroughfare. Huntington Drive provides the major east -west corridor through the
Project Area and currently a "bottleneck" exists at the intersection of Huntington Drive,
2
Colorado Place, and Santa Clara Street. This project will add turn lanes, complete
signal improvements, upgrade sidewalks, and enhance driver safety in this area.
Landscaping improvements at the "gateway" into the Project Area at the 1 -210 Freeway
and Santa Anita Avenue are another long planned project that will greatly aid in the
creation of a positive aesthetic image of the Project Area. These on -ramps are currently
a visual blight and are not maintained by Caltrans due to budget concerns. This project
will be the first impression visitors and residents will have as they enter the Proejct Area
from the Freeway or from the north. The public improvements along Huntington Drive
and First Avenue will be an extension of the Gold Line Pedestrian linkage improvements
and will enhance the Project Area through the removal of damaging trees, the planting
of new trees and landscaping, the addition of pedestrian lighting, sidewalk repair, and
maintenance of the streetscapes on these two vital streets within the Project Area
(a) The Agency's provision of tax increment funds to be used for the
construction of the Downtown Improvements is of benefit to the Project Area because:
(1) the Downtown Improvements will improve public safety and travel within the Project
Area as a result of improved sidewalks and lighting; (2) the appearance, viability, safety
and qualify of life within the Project Area will be enhanced; (3) more people will be
drawn into the Project Area as a result of the Downtown Improvements; (4) and long-
term economic and property development will be encouraged as a result of the
improved appearance of the Downtown area.
(b) There are no other reasonable means of financing the Downtown
Improvements available to the City because: (1) the City's general fund moneys are fully
committed to other programs, projects and financial obligations and may not be used to
complete the Downtown Improvements; (2) the City's reserve funds must remain in
reserve and may not be used toward the completion of the Downtown Improvements;
(3) there are no other funds available to be used to complete the Downtown
Improvements; (4) there are no revenues from City taxes available for use in completing
the Downtown Improvements.
(c) The Downtown Improvements will assist in the elimination of one or more
blighting conditions in the Project Area by: (1) improving pedestrian travel and public
safety within the Project Area; (2) providing much needed aesthetic treatments to
underutilized and under maintained public areas; and (3) encouraging new development
near in the Downtown area in particular as well as throughout the Project Area as a
result of improved pedestrian travel and the associated influx of people into the
Downtown area as a result of the Downtown Improvements.
(d) The payment of funds for constructing the Downtown Improvements is
consistent with the Implementation Plan adopted pursuant to CRL Section 33490 and
the Redevelopment Plan.
3
AGREEMENT
NOW, THEREFORE, in consideration of the promises contained below and other
good and sufficient consideration, the Agency and the City agree as follows:
1. Recitals. The Recitals set forth above are incorporated into this Agreement by
this reference.
2. Agency's Obligations.
2.1 The Agency agrees to pay Tax Increment Funds to the City to provide the
City with funds to construct the Public Improvements. To the extent the Agency does
not have Tax Increment Funds available on the date of this Agreement, the Agency
shall pay to the City the first of any and all existing or future funds due to or received by
the Agency including, without limitation, Tax Increment Funds, for the purpose of
acquiring land or constructing the Public Improvements.
3. Indebtedness.
3.1 The Agency's obligations under this Agreement, including without limitation
the Agency's obligation to make the payments to the City required by this Agreement,
shall constitute an indebtedness of the Agency for the purpose of carrying out the
redevelopment of the Project Areas and are obligations to make payments authorized
and incurred pursuant to CRL and other applicable statutes including, but not limited to,
Section 33445 of the CRL. The obligations of the Agency set forth in this Agreement are
contractual obligations that, if breached, will subject the Agency to damages and other
liabilities or remedies.
3.2 Notwithstanding the provisions of Section 3.1, the obligations of the
Agency under this Agreement shall be subordinate to the rights of the holder or holders
of any existing bonds, notes or other instruments of indebtedness of the Agency
incurred or issued to finance the Project Area.
4. City's Obligations.
4.1 The City shall undertake the Public Improvements upon receipt of Agency
Funds, or as soon thereafter as reasonably practicable.
4.2 The City shall use Agency Funds solely for the purpose of constructing the
Public Improvements associated with such Agency Funds as set forth in Exhibit "A ".
5. General Terms.
5.1 Modification and Amendments. This Agreement may be modified or
amended only by a written instrument signed by both Parties to this Agreement.
4
5.2 Default. If either party fails to perform or adequately perform an obligation
required by this Agreement within thirty (30) calendar days of receiving written notice
from the non - defaulting party, the party failing to perform shall be in default hereunder. In
the event of default, the non - defaulting party will have all the rights and remedies available
to it at law or in equity to enforce the provisions of this contract, including without
limitation the right to sue for damages for breach of contract. The rights and remedies
of the non - defaulting party enumerated in this paragraph are cumulative and shall not
limit the non - defaulting party's rights under any other provision of this Agreement, or
otherwise waive or deny any right or remedy, at law or in equity, existing as of the date of
the Agreement or hereinafter enacted or established, that may be available to the non -
defaulting party against the defaulting party.
5.3 Binding on Successors. This Agreement shall be binding on and shall
inure to the benefit of all successors and assigns of the parties, whether by agreement or
operation of law.
5.4 Severability. If any term, provision, or section of this Agreement is
declared by a court of competent jurisdiction to be invalid or unenforceable, the Agency
and the City agree that the invalid term, portion or section may be severed from this
Agreement and the remainder of this Agreement may be enforced in its entirety and the
remaining provisions of the Agreement shall not in any way be affected or impaired
thereby.
5.5 Waiver. No waiver by either Party of any breach of or default under this
Agreement shall be deemed to be a waiver of any other or subsequent breach
hereunder.
5.6 No Third Party Beneficiary. This Agreement is intended solely for the
benefit of the City and the Agency. Notwithstanding any reference in this Agreement to
persons or entities other than the City and the Agency, there shall be no third party
beneficiaries under this Agreement.
5.7 Section Headings. The section headings used in this Agreement are for
the purposes of convenience only and shall not in any way alter or amend the express
terms of each section.
[SIGNATURES ON THE FOLLOWING PAGE]
5
SIGNATURE PAGE TO
COOPERATIVE AGREEMENT
(PUBLIC IMPROVEMENTS)
BY AND BETWEEN
ARCADIA REDEVELOPMENT AGENCY
AND
CITY OF ARCADIA
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed by their duly authorized representatives as of the date first hereinabove
written.
AGENCY: CITY:
ARCADIA REDEVELOPMENT AGENCY, CITY OF ARCADIA,
a public body, corporate and politic a California municipal corporation and
charter city
By: By:
Donald Penman, Executive Director Donald Penman, City Manager
ATTEST: ATTEST:
By: By:
Agency Secretary City Clerk
APPROVED AS TO FORM APPROVED AS TO FORM
By: By:
Stephen P. Deitsch, Agency Counsel Stephen P. Deitsch, City Attorney
6
EXHIBIT "A"
Description and Cost of Public Improvements
Arcadia Redevelopment Agency
Public Improvements — HSC Section 33445
Gold Line Improvements
• Design of Gold Line Transit Plaza $ 50,000
• Gold Line Pedestrian Linkage Improvements (matching funds for MTA Grant) $ 833,000
• Transit Plaza Improvements (matching funds for MTA Grant) $ 136,000
Downtown Improvements
• Streetscape — Landscaping Improvements
o Downtown 2000 Streetscape Improvements $ 500,000
o Gateway Landscape Beautification Project $ 300,000
• Street Circulation/Traffic Improvements
o Huntington Drive Capacity Improvements $ 600,000
Total Costs of Projects $2,419,000
7
Exhibit "A"
ATTACHMENT C
ARA RESOLUTION NO. 243
A RESOLUTION OF THE ARCADIA REDEVELOPMENT
AGENCY APPROVING THAT CERTAIN COOPERATIVE
AGREEMENT WITH THE CITY OF ARCADIA REGARDING
THE USE OF PROPERTY TAX INCREMENT FUNDS FOR
THE FINANCING OF CERTAIN PUBLIC IMPROVEMENTS
AND MAKING CERTAIN RELATED FINDINGS AND
TAKING CERTAIN ACTION PURSUANT TO CALIFORNIA
HEALTH AND SAFETY CODE SECTIONS 33445 AND
33679 AND APPROPRIATING FUNDS THEREFOR
(PUBLIC SAFETY TRAINING FACILITY AND OVERFLOW
PARKING LOT /IMPROVEMENTS AT LIVE OAK AVENUE)
WHEREAS, the City Council ( "City Council ") of the City of Arcadia ( "City ")
approved and adopted a redevelopment plan ( "Redevelopment Plan ") for a
redevelopment project area known as the Downtown Arcadia Central Redevelopment
Project Area ( "Project Area ") on December 26, 1973; and
WHEREAS, the Arcadia Redevelopment Agency ( "Agency ") is engaged in
activities to execute and implement the Redevelopment Plan for the Project Area
pursuant to the provisions of the California Community Redevelopment Law (Health and
Safety Code § 33000, et seq.) ( "CRL "); and
WHEREAS, the City proposes to fund the following public improvement projects
on or pertaining to real property located within the Project Area: construction of a public
safety training facility for the Police, Fire and Public Works Services Departments
( "Training Facility "), and a public parking lot improvement project included as part of an
earlier Project Area action ( "Public Parking Lot Facility "); and
WHEREAS, under CRL Section 33445, with the City Council's consent, the
Agency is authorized to use the Agency's property tax increment funds, which it
receives pursuant to CRL Section 33670, to pay all or part of the value of the installation
or construction of public improvements; and
1
WHEREAS, in accordance with CRL Section 33445, the Agency proposes to
contribute property tax increment funds for the purpose of paying all or part of the cost
of the Training Facility and Public Parking Lot Facility; and
WHEREAS, the City Council is required to make certain findings set forth in CRL
Section 33445 with respect to the Agency's use of property tax increment funds to pay
for the costs of the Training Facility; and
WHEREAS, the City Council has made such findings with regard to the Training
Facility and Public Parking Lot Facility as set forth in Resolution No. 6762, dated April 5,
2011; and
WHEREAS, under CRL Section 33679, before the Agency commits to using
property tax increment funds for the purpose of paying all or part of the cost of the
installation and construction of a publicly owned building, the City Council must hold a
public hearing; and
WHEREAS, notice of the time and place of the public hearing was published in
Arcadia Weekly, a newspaper of general circulation in the City in accordance with CRL
Section 33679; and
WHEREAS, a summary report, attached hereto as Exhibit "A ", was prepared by
Agency staff and made available to the public on March 24, 2011, including the
following in accordance with CRL Section 33679: (i) estimate of the amount of taxes
proposed to be used to pay for the Training Facility, including interest payments; (ii)
facts supporting the determinations required to be made by the City Council pursuant to
CRL Section 33445; and (iii) the redevelopment purpose for which the taxes are being
used to pay for the land and construction of the Training Facility; and
2
WHEREAS, a public hearing was held by the City Council with regard to the use
of Agency property tax increment funds for the Training Facility on April 5, 2011; and
WHEREAS, the City and the Agency desire to enter into that certain cooperative
agreement ( "Cooperative Agreement ") wherein the Agency shall provide Agency tax
increment funds to the City and the City shall solely use such funds for the purpose of
constructing the Training Facility and Public Parking Lot Facility, attached hereto as
Exhibit "B "; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, THE ARCADIA REDEVELOPMENT AGENCY DOES
HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The facts set forth in the recitals above are true and correct and are
hereby incorporated into the Governing Board of the Agency's findings and
determinations.
SECTION 2. The City Council has found, and the Governing Board of the
Agency ( "Governing Board') confirms, based on the information made available in the
staff report accompanying this Resolution and any oral presentation of staff or other
written and oral evidence as presented to the Agency, with regard to the Training
Facility and Public Parking Lot Facility that for the Training Facility, the primary element
will be a training tower with an enclosed stairwell, exterior balconies, accessible
rooftops, water standpipe and sprinkler systems, etc. The training tower will enable fire
and police personnel to practice multiple disciplines within their area of expertise. The
training props provided will enable fire, police, and public works personnel to practice
3
the rescue of persons and stay current in all mandated training programs without
leaving the City of Arcadia. With regard to the Public Parking Lot Facility, the project will
construct a new asphalt parking lot and ancillary improvements for joint use adjacent to
the public property at the Par 3 Golf Course at 630 East Live Oak Avenue. This parking
lot is part of the Agency's obligation as part of the purchase of 21 Morlan Place from the
Church in Arcadia within the Project Area.
(a) The Agency's provision of tax increment funds to be used to fund
the construction of the Training Facility and the Public Parking Lot Facility is of benefit to
the Project Area because: (1) the Training Facility will improve public health, safety and
welfare within the Project Area because police, fire and public works officers and
employees will be better equipped to handle criminal, health and safety issues within
the Project Area; (2) long -term economic and property development will be encouraged
as a result of the improved health, safety and public infrastructure and public services
within the Project Area, and (3) the construction of the parking lot adjacent to the
Church in Arcadia site on Live Oak Avenue is a benefit to the project area because it
enables the Church to vacate its existing facility and allow that facility to be demolished
and incorporated into a beneficial redevelopment project.
(b) There are no other reasonable means of financing the Training
Facility or Public Parking Lot Facility available to the City because: (1) the City's general
fund moneys are fully committed to other programs, projects and financial obligations
and may not be used to fund the construction of the Training Facility or Public Parking
Lot Facility; (2) the City's reserve funds must remain in reserve and may not be used
toward the construction of the Training Facility or Public Parking Lot Facility; (3) there
4
are no other funds available to be used toward the construction of the Training Facility
or Public Parking Lot Facility; (4) there are no revenues from City taxes available for use
in constructing the Training Facility or Public Parking Lot Facility.
(c) The Training Facility will assist in the elimination of one or more
blighting conditions in the Project Area by: (1) improving crime prevention and public
health and safety as a result of improved training for police, fire and public works
officers and employees; and (2) encouraging new development throughout the Project
Area as a result of improved health, safety and public infrastructure and public services
within Project Area. The Public Parking Lot Facility will assist in the elimination of one or
more blighting conditions in the Project Area by facilitating the removal of a blighted
building from the Project Area that will now be rebuilt in a suitable location.
(d) The payment of funds for constructing the Training Facility and
Public Parking Lot Facility is consistent with the Implementation Plan adopted pursuant
to CRL Section 33490.
SECTION 3. The Governing Board hereby authorizes and directs the Executive
Director of the Agency, with the concurrence of the Agency Counsel, to execute and
take any other action as may be necessary to enter into that certain Cooperative
Agreement on behalf of the Agency.
SECTION 4. The Governing Board hereby finds that the Agency's financing of
the Training Facility and Public Parking Lot Facility is exempt from the requirements of
the California Environmental Quality Act (codified as Public Resources Code Section
21000, et seq.) ( "CEQA ") pursuant to State CEQA Guidelines Section 15378(b),
because such approval constitutes the creation of government funding mechanisms or
5
other government funding activities which do not involve any commitment to any
specific project which may result in a potentially significant physical impact on the
environment. The Projects are also exempt per CEQA Guidelines Sections 15301
(Existing Facilities) and 15303 (New Construction or Conversion of Small Structures).
SECTION 5. The Agency hereby authorizes and directs Agency staff to file a
Notice of Exemption with the Clerk of the Board of Supervisors of the County of Los
Angeles, California, within five (5) working days following the date of adoption of this
Resolution.
SECTION 6. The Agency hereby approves the expenditure of its tax increment
funds for purposes of the Training Facility and the Public Parking Lot Facility, and
appropriates $1,630,000 from the Redevelopment Undesignated Reserve fund and
approves the transfer of said funds to the City's Designated General Fund Reserve
fund.
SECTION 7. The Agency Chairperson shall sign this Resolution and the Agency
Secretary shall certify the adoption thereof.
SECTION 8. This Resolution shall take effect immediately upon its adoption.
[SIGNATURES ON NEXT PAGE]
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Passed, approved and adopted this day of 2011.
Agency Chairperson
ATTEST:
Agency Secretary
APPROVED AS TO FORM:
creitet,,1 P f
Stephen P. Deitsch
Agency Counsel
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Exhibit "A"
CRL Section 33679 Summary Report
[See attached behind this cover page]
8
EXHIBIT A
SUMMARY REPORT
PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 AND 33679
ARCADIA REDEVELOPMENT AGENCY PUBLIC BUILDING /FACILITY PROJECTS
Introduction
This Summary Report has been prepared by the Arcadia Redevelopment Agency
( "Agency ") consistent with Health and Safety Code Section 33445 and 33679 and
serves to describe several proposed public improvement projects in and near the
Project Area. The Summary Report has been prepared in order to explain to the public
why Agency tax increment funds are to be used to pay for these public improvements.
The 2010 -2015 Agency Five Year Implementation Plan was adopted on December 1,
2009. The projects listed below are included in the Implementation Plan. Included for
each project below is a project description and the findings required pursuant to Section
33445.
Public Facilities /Buildings
1) Public Safety Training Facility $1,500,000
The primary element of the Joint Training Facility will be a training tower with an
enclosed stairwell, exterior balconies, accessible rooftops, water standpipe and
sprinkler systems, smoke generating system, anchor points for repelling, and a burn
room for live fire training. This training tower will enable fire and police personnel to
practice multiple disciplines within their area of expertise. Training props will also be
constructed within the Joint Training Facility to simulate trench rescue, confined
space rescue and building collapse scenarios. These training props will enable fire,
police and public works personnel to practice the rescue of persons injured or
trapped during this type of incident and provide a suitable site for public works and
fire personnel to stay current in Occupational Safety and Health Administration
(OSHA) mandated training.
Findings for the Public Safety Training Facility
The Agency's provision of tax increment funds to be used for the construction of the
Public Safety Training Facility are of benefit to the Project Area because: (1) the
improvements will improve public safety by providing a joint training facility in close
proximity to the Arcadia Police and Fire Stations. Currently, staff needs to leave
town during mandatory training activities, exposing the City to risk if an emergency
were to occur. With mandatory training becoming more and more prevalent, this
training facility is critical in the long range planning for the Fire Department and
•
Police Department as well as the Public Works Services Department; (2) the
appearance, viability, safety and quality of life within the Project Area will be
enhanced; (3) and long -term economic and property development will be
encouraged as a result of the improved public safety and retention of safety staff
within the City in the event of an emergency.
There are no other reasonable means of financing the improvements available to the
City because: (1) the City's general fund moneys are fully committed to other
programs, projects and financial obligations and may not be used to complete the
improvements; (2) the City's reserve funds must remain in reserve and may not be
used toward the completion of the improvements; (3) there are no other funds
available to be used to complete the improvements; (4) there are no revenues from
City taxes available for use in completing the improvements.
The improvements will assist in the elimination of one or more blighting conditions in
the Project Area by: (1) improving public safety within the Project Area; (2)
encouraging development of an underutilized parcel within the Project Area for a use
that will benefit the Project Area.
The payment of funds for constructing the improvements is consistent with the
Implementation Plan adopted pursuant to CRL Section 33490 and the R
Redevelopment Plan.
2) Overflow Parking Lot/Improvements on Live Oak Avenue $130,000
This project will construct a new asphalt parking lot and ancillary improvements for
joint use adjacent to public property at the Par 3 Golf Course at 630 East Live Oak
Avenue. This parking lot is part of the Agency's obligation as part of the purchase of
21 Morlan Place from the Church in Arcadia and relocation to its new building on
Live Oak. This purchase has facilitated the use of the former Church property on
Morlan Place for a Redevelopment project with Rusnak Mercedes Benz.
Findings for the Overflow Parking Lot/Improvements on Live Oak Avenue
The Agency's provision of tax increment funds to be used for the construction of the
Huntington Drive project improvements are of benefit to the Project Area because:
(1) the improvements will improve public safety and travel within the Project Area
through improved circulation and access, (2) the appearance, viability, safety and
quality of life within the Project Area will be enhanced; (3) and long -term economic
and property development will be encouraged as a result of the improved access
and circulation to and through the Downtown area.
There are no other reasonable means of financing the improvements available to the
City because: (1) the City's general fund moneys are fully committed to other
programs, projects and financial obligations and may not be used to complete the
improvements; (2) the City's reserve funds must remain in reserve and may not be
used toward the completion of the improvements; (3) there are no other funds
available to be used to complete the improvements; (4) there are no revenues from
City taxes available for use in completing the improvements.
The improvements will assist in the elimination of one or more blighting conditions in
the Project Area by: (1) improving travel and public safety within the Project Area; (2)
encouraging new development near in the Downtown area in particular as well as
throughout the Project Area as a result of improved access and circulation patterns
to and through the project area.
The payment of funds for constructing the improvements is consistent with the
Implementation Plan adopted pursuant to CRL Section 33490 and the
Redevelopment Plan.
Total Tax Increment to be utilized for Public Facilities /Buildings $1,630,000
Exhibit "B"
Cooperative Agreement
[See attached behind this cover page]
9
COOPERATIVE AGREEMENT
(TRAINING FACILITY AND PUBLIC PARKING LOT FACILITY)
BY AND BETWEEN
ARCADIA REDEVELOPMENT AGENCY
AND
CITY OF ARCADIA
This Cooperative Agreement (Training Facility and Public Parking Lot Facility) is
entered into this day of , 2011 by and between the Arcadia
Redevelopment Agency, a public body, corporate and politic ( "Agency ") and the City of
Arcadia, a California municipal corporation and charter city ( "City "). The Agency and the
City each may be referred to as "Party" or collectively as the "Parties" in this Agreement.
RECITALS
WHEREAS, the City Council ( "City Council ") of the City of Arcadia ( "City ")
approved and adopted a redevelopment plan ( "Redevelopment Plan ") for a
redevelopment project area known as the Downtown Arcadia Central Redevelopment
Project Area ( "Project Area ") on December 26, 1973; and
WHEREAS, the Agency is engaged in activities to execute and implement the
Redevelopment Plan pursuant to the provisions of the California Community
Redevelopment Law (Health and Safety Code § 33000, et seq.) ( "CRL "); and
WHEREAS, the Agency desires to transfer that certain amount of redevelopment
tax increment funds ( "Agency Funds "), set forth in Exhibit "A" attached hereto and
incorporated herein by reference, to the City, and the City desires to accept such funds
for the City to conduct the following public improvement within the Project Area as
further described in Exhibit "A" attached hereto: construction of a public safety training
facility for the Police, Fire and Public Works Services Departments ( "Training Facility ");
and a public parking lot improvement project included as part of an earlier Project Area
action ( "Public Parking Lot Facility "); and
WHEREAS, CRL Section 33445 provides that the Agency may use tax increment
funds, received pursuant to CRL Section 33670 ( "Tax Increment Funds "), to pay all or a
part of the value of the cost of the installation and construction of public improvements
located inside or contiguous to the Project Area if the City Council makes certain
findings; and
WHEREAS, in City Council Resolution No. 6762, on April 5, 2011, the City
Council has made the following necessary findings pursuant to CRL Section 33445 with
regard to the Training Facility and Public Parking Lot Facility that for the Training
Facility, the primary element will be a training tower with an enclosed stairwell, exterior
balconies, accessible rooftops, water standpipe and sprinkler systems, etc. The training
tower will enable fire and police personnel to practice multiple disciplines within their
area of expertise. The training props provided will enable fire, police, and public works
1
personnel to practice the rescue of persons and stay current in all mandated training
programs without leaving the City of Arcadia. With regard to the Public Parking Lot
Facility, the project will construct a new asphalt parking lot and ancillary improvements
for joint use adjacent to the public property at the Par 3 Golf Course at 630 East Live
Oak Avenue. This parking lot is part of the Agency's obligation as part of the purchase
of 21 Morlan Place from the Church in Arcadia within the Redevelopment Area.
(a) The Agency's provision of tax increment funds to be used to fund
the construction of the Training Facility and Public Parking Lot Facility is of benefit to the
Project Area because: (1) the Training Facility will improve public health, safety and
welfare within the Project Area because police, fire and public works officers and
employees will be better equipped to handle criminal, health and safety issues within
the Project Area; (2) long -term economic and property development will be encouraged
as a result of the improved health, safety and public infrastructure and public services
within the Project Area, and 3) the construction of the parking lot adjacent to the Church
in Arcadia site on Live Oak Avenue in a benefit to the project area because it enable the
Church to vacate their existing facility and allow that facility to be demolished and
incorporated into a beneficial Redevelopment project.
(b) There are no other reasonable means of financing the Training
Facility or the Public Parking Lot Facility available to the City because: (1) the City's
general fund moneys are fully committed to other programs, projects and financial
obligations and may not be used to fund the construction of the Training Facility or the
Public Parking Lot Facility; (2) the City's reserve funds must remain in reserve and may
not be used toward the construction of the Training Facility or the Public Parking Lot
Facility; (3) there are no other funds available to be used toward the construction of the
Training Facility or the Public Parking Lot Facility; (4) there are no revenues from City
taxes available for use in constructing the Training Facility or the Public Parking Lot
Facility;
(c) The Training Facility will assist in the elimination of one or more
blighting conditions in the Project Area by: (1) improving crime prevention and public
health and safety as a result of improved training for police, fire and public works
officers and employees; and (2) encouraging new development throughout the Project
Area as a result of improved health, safety and public infrastructure and public services
within Project Area. The Public Parking Lot Facility will assist in the elimination of one or
more blighting conditions in the Project Area by facilitation the removal of a blighted
building from the Project Area that will now be rebuilt in a suitable location.
(d) The payment of funds for constructing the Training Facility and
Public Parking Lot Facility is consistent with the Implementation Plan adopted pursuant
to CRL Section 33490; and
WHEREAS, under CRL Section 33679, before the Agency commits to using
property tax increment funds for the purpose of paying all or part of the cost of the
installation and construction of a publicly owned building, the City Council must hold a
public hearing; and
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WHEREAS, notice of the time and place of the public hearing was published in
Arcadia Weekly, a newspaper of general circulation in the City on March 24, 2011 and
March 28, 2011 in accordance with CRL Section 33679; and
WHEREAS, a summary report was prepared by Agency staff and made available
to the public on March 24, 2011, including the following in accordance with CRL Section
33679: (i) estimate of the amount of taxes proposed to be used to pay for the Training
Facility, including interest payments; (ii) facts supporting the determinations required to
be made by the City Council pursuant to CRL Section 33445; and (iii) the
redevelopment purpose for which the taxes are being used to pay for the land and
construction of the Training Facility; and
WHEREAS, a public hearing was held by the City Council with regard to the use
of Agency property tax increment funds for the Training Facility on April 5, 2011.
AGREEMENT
NOW, THEREFORE, in consideration of the promises contained below and other
good and sufficient consideration, the Agency and the City agree as follows:
1. Recitals. The Recitals set forth above are incorporated into this Agreement by
this reference.
2. Agency's Obligations.
2.1 The Agency agrees to pay Tax Increment Funds to the City to provide the
City with funds to construct the Training Facility and Public Parking Lot Facility. To the
extent the Agency does not have Tax Increment Funds available on the date of this
Agreement, the Agency shall pay to the City the first of any and all existing or future
funds due to or received by the Agency including, without limitation, Tax Increment
Funds, for the purpose of acquiring land or constructing the Training Facility or Public
Parking Lot Facility.
3. Indebtedness.
3.1 The Agency's obligations under this Agreement, including without
limitation the Agency's obligation to make the payments to the City required by this
Agreement, shall constitute an indebtedness of the Agency for the purpose of carrying
out the redevelopment of the Project Areas and are obligations to make payments
authorized and incurred pursuant to CRL and other applicable statutes including, but not
limited to, Section 33445 of the CRL. The obligations of the Agency set forth in this
Agreement are contractual obligations that, if breached, will subject the Agency to
damages and other liabilities or remedies.
3.2 Notwithstanding the provisions of Section 3.1, the obligations of the
Agency under this Agreement shall be subordinate to the rights of the holder or holders
of any existing bonds, notes or other instruments of indebtedness of the Agency
incurred or issued to finance the Project Area.
3
4. City's Obligations.
4.1 The City shall undertake the construction of the Training Facility and
Public Parking Lot Facility upon receipt of Agency Funds, or as soon thereafter as
reasonably practicable.
4.2 The City shall use Agency Funds solely for the purpose of constructing the
Training Facility and Public Parking Lot Facility associated with such Agency Funds as
set forth in Exhibit "A ".
5. General Terms.
5.1 Modification and Amendments. This Agreement may be modified or
amended only by a written instrument signed by both Parties to this Agreement.
5.2 Default. If either Party fails to perform or adequately perform an obligation
required by this Agreement within thirty (30) calendar days of receiving written notice
from the non - defaulting Party, the Party failing to perform shall be in default hereunder.
In the event of default, the non - defaulting Party will have all the rights and remedies
available to it at law or in equity to enforce the provisions of this contract, including
without limitation the right to sue for damages for breach of contract. The rights and
remedies of the non - defaulting Party enumerated in this paragraph are cumulative and
shall not limit the non - defaulting Party's rights under any other provision of this
Agreement, or otherwise waive or deny any right or remedy, at law or in equity, existing
as of the date of the Agreement or hereinafter enacted or established, that may be
available to the non - defaulting Party against the defaulting Party.
5.3 Binding on Successors. This Agreement shall be binding on and shall
inure to the benefit of all successors and assigns of the Parties, whether by agreement
or operation of law.
5.4 Severability. If any term, provision, or section of this Agreement is
declared by a court of competent jurisdiction to be invalid or unenforceable, the Agency
and the City agree that the invalid term, portion or section may be severed from this
Agreement and the remainder of this Agreement may be enforced in its entirety and the
remaining provisions of the Agreement shall not in any way be affected or impaired
thereby.
5.5 Waiver. No waiver by either Party of any breach of or default under this
Agreement shall be deemed to be a waiver of any other or subsequent breach
hereunder.
5.6 No Third Party Beneficiary. This Agreement is intended solely for the
benefit of the City and the Agency. Notwithstanding any reference in this Agreement to
persons or entities other than the City and the Agency, there shall be no third party
beneficiaries under this Agreement.
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5.7 Section Headings. The section headings used in this Agreement are for
the purposes of convenience only and shall not in any way alter or amend the express
terms of each section.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed by their duly authorized representatives as of the date first hereinabove
written.
AGENCY: CITY:
ARCADIA REDEVELOPMENT AGENCY, CITY OF ARCADIA, a California
a public body, corporate and politic municipal corporation and charter city
By: B
Donald Penman, Executive Director Donald Penman, City Manager
ATTEST: ATTEST:
By: By:
Agency Secretary City Clerk
APPROVED AS TO FORM APPROVED AS TO FORM
By: By:
Stephen P. Deitsch, Agency Counsel Stephen P. Deitsch, City Attorney
5
EXHIBIT "A"
Description and Cost of Public Improvements
Arcadia Redevelopment Agency
Public Buildings /Facilities — HSC Section 33445
Public Safety Training Facility $1,500,000
Overflow Parking Lot/Improvements at Live Oak Avenue $130,000
Total Costs of Projects $1,630,000
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Exhibit "A"