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HomeMy WebLinkAboutCC Res 5441 2006-03-13 RESOLUTION NUMBER 5441 I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING PAYMENT BY THE SEAL BEACH REDEVELOPMENT AGENCY FOR THE COST OF THE ACQUISITION AND IMPROVEMENT OF PROPERTY CONTAINING STRUCTURES INCLUDING CHILDCARE FACILITIES TO BE OWNED BY THE CITY RECITALS A. The Los Alamitos Unified School District is the owner of land and improvements thereon ("Property") commonly known as 343 and 357 - 12th Street, Seal Beach, Califomia 90740, more particularly described as Parcel 2 on Parcel Map 87-131, as per map recorded in Book 233, Pages 15, 16 and 17 of Parcel Maps, in the Office of the Orange County Recorder. B. The Los Alamitos Unified School District is leasing the Property to the City of Seal Beach ("City") by a Lease dated January I, 1987 (the "Lease"). Section 13.2 of the Lease contains an option in favor of the City to purchase the Property (the "Purchase Option"). C. The City desires to exercise its Purchase Option. D. Pursuant to provisions of the Community Redevelopment Law, the Agency desires to pay the costs of the City's acquisition and improvement of the Property. I E. The Property is currently improved with structures containing childcare facilities and a parking lot. The City may install and construct additional publicly owned structures on the Property. The Property wil\ be owned by the City, and wil\ benefit the Project Area by helping to remove blighting influences, retaining childcare facilities available to City residents, including low and moderate income families in the Project Area, and creating additional educational and recreational services for such residents and families. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: I I. Pursuant to provisions of Health and Safety Code ("H&S") Section 33000, et seq., and in particular ~ 33445, the Agency proposes to pay the purchase price of $679,000 (which may be adjusted in the event rent is paid for the period in 2006 prior to the closing date) and. other. funds necessary in order for the City to purchase and improve the Property:'. .. ' : :-:~ ~ ./-.. , ., 2. Due'"tb budg~t'con,s!,d~rations of the City, the cost of the Property and certain improvements thsr.eto:haye been allocated to the Agency. No other reasonable means of financing the ac-quisition of.th~ Property, or any future improvements thereon, . " , ~,J' J are available to the community. The budget constraints of the City and the extraordinary voter approval requ{~~~fu'.aP.l:iJi~able to traditional methods of financing (such as general obligation bond~JAd'..,c<ifumunity facilities district special tax bonds) as a practical matter prevent the City from financing the purchase the Property and improvement thereof by any other means. No moneys of the City were, are or are reasonably expected to be available on a long-term basis under the budget of the City to now pay for the cost of the purchase and improvement of the Property. Traditional methods of financing such as the issuance of general obligation bonds are unavailable as a practical matter because of the extraordinary majority voter approval requirements of two-thirds of the electorate. Assessment financing or special tax financing could overburden benefiting properties with assessments or special taxes and, in addition, special taxes require a two-thirds vote and assessments are subject to a majority protest. Resolution Number 5441 3. Staff has prepared a summary report, attached as Exhibit A to Redevelopment Agency Resolution No. 06-03, which is hereby incorporated by this reference. The City Council hereby finds and determines that all of the facts, findings and determinations set forth in the surnmary report are true and correct. 4. The City Council hereby finds and determines that based upon the foregoing, the summary report, and aU other information presented at the joint public hearing, including the staff report and other documents presented by the staff: (i) the Property, including childcare facilities and future improvements, is of benefit to the I Project Area and to the immediate neighborhood in which the Property is located; (ii) no other reasonable means of financing the purchase and improvement of the Property is available to the City; (iii) the payment of funds for the acquisition and improvement of the Property will assist in the elimination of one or more blighting conditions inside the Project Area; and (iv) the Agency's payment of up to $700,000 of its funds, plus closing costs, for the purchase price of the Property, and payment of costs related to improving the Property, are each consistent with the Agency's implementation plan adopted pursuant to Health and Safety Code Section 33490. 5. The City Council hereby approves the City's exercise of the Purchase Option and consents to the Agency's payment of up to $700,000 for the Property plus closing costs, and payment of aU or a part of the cost to improve the Property, estimated at $1,000,000. 6. City officials, city manager, staff, consultants and legal counsel to the City are hereby authorized to execute any instruments reasonably necessary or convenient to cause or facilitate such Purchase Option exercise and Property acquisition to occur. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach this 13th day of March , 2006 by the following vote: AYES: Council Members ~I ~ ~J ?ft~/~ I NOES: Council Members ~I ABSENT: Council Members ~I ABSTAIN: Council Members ~.( aL aSB- Mayor ATTEST: ::A, nb. ~~ ~erk ST ATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH } } SS } I I, Linda Devine, City Clerk of the City of Seal Beach, Califomia, do hereby certify that the foregoing Resolution is the original copy of Resolution Number 5441 on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach at a meeting thereof held on the 13th day of March ,2006. ~"d. JL7'<~ C' y Clerk