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CITY COUNCIL AGENDA ITEM NO. 17


Meeting Date: July 22, 2008

Subject/Title: Adopt a Resolution making the necessary findings and determination in accordance with Health and Safety Code Section 33445 for the financing of the Downtown Infrastructure Project, CIP No. 562-56382, by the Brentwood Redevelopment Agency in the amount of $1,739,070.

Prepared by: Donald Kwong, Senior Redevelopment Analyst

Submitted by: Casey McCann, Community Development Director


RECOMMENDATION
Adopt a Resolution making the necessary findings and determination in accordance with Health and Safety Code Section 33445 for financing of the Downtown Infrastructure Project, CIP No. 562-56382, which shall be partially funded by the Brentwood Redevelopment Agency in the amount of $1,739,070 for 2008/09 project costs.

PREVIOUS ACTION
On May 24, 2005, by Resolution No. RDA-99, the Redevelopment Agency appropriated funds for Downtown Infrastructure (sewer collection upgrade) for a total amount of $177,600.

On March 11, 2008, by Resolution No. RDA-138, the Redevelopment Agency appropriated funds for Downtown Infrastructure for a total amount of $256,210.

On May 27, 2008, by Resolution No. 2008-137, the City Council adopted the City’s 2008/09– 2012/13 Capital Improvement Program that included the Downtown Infrastructure Project, CIP No. 562-56382, in the amount of $4,953,600, which amount is partially funded by the Brentwood Redevelopment Agency in the amount of $3,887,410. The remaining amount shall be funded by City Enterprise funds.

On June 10, 2008, by Resolution 2008-140, the City Council approved the construction contract for the Downtown Infrastructure, CIP Project No. 562-56382, with Delta Excavating for a total amount of $869,077.

On June 24, 2008, by Resolution No. RDA-142, the Redevelopment Agency approved its two-year operating budget, which included a budget amount of $1,739,070 in 2008/09, a partial funding of the Agency’s expected contribution of $3,887,410 for the Downtown Infrastructure Project.

BACKGROUND
This is a companion staff report to the Brentwood Redevelopment Agency’s staff report tonight requesting adoption of a resolution making findings and determinations in accordance with Health and Safety Code Section 33445 for the financing of the Downtown Infrastructure Project, CIP No. 562-56382.

Since the Redevelopment Agency of the City of Brentwood intends to partially fund the Downtown Infrastructure Project, CIP No. 562-56382, in an amount not to exceed $1,739,070, the City Council, acting as the legislative body of the Agency, and the Agency, in accordance with Health & Safety Code Section 33445, must make the necessary findings, including that there are no other reasonable means of financing the Project’s 2008/09 $1,739,070 gap available to the City. This finding is based on the lack of sufficient funds in the capital improvement budget of the City to fund the Project together with other urgently needed public improvements and facilities, and the infeasibility of financing the Project through an assessment district, debt service or other conventional method of financing public facilities.

FISCAL IMPACT
There are no fiscal impacts associated with the Council taking action on making the necessary findings and determination in accordance with Health & Safety Code Section 33445.


Attachment: Resolution


RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD MAKING THE NECESSARY FINDINGS IN ACCORDANCE WITH HEALTH AND SAFETY CODE SECTION 33445 FOR THE FINANCING OF THE DOWNTOWN INFRASTRUCTURE PROJECT, CIP NO. 562-56382, BY THE REDEVELOPMENT AGENCY OF THE CITY OF BRENTWOOD IN THE AMOUNT OF $1,739,070


WHEREAS, on May 24, 2005, by Resolution RDA-99, the Agency appropriated funds for Downtown Infrastructure (sewer collection upgrade) for a total amount of $177,600; and

WHEREAS, on March 11, 2008, by Resolution RDA-138, the Agency appropriated funds for Downtown Infrastructure (sewer collection upgrade) for a total amount of $256,210; and

WHEREAS, on May 27, 2008, by Resolution No. 2008-137, the City Council adopted the City’s 2008/09 – 2012/13 Capital Improvement Program that included the Downtown Infrastructure Project, CIP No. 562-56382, in the amount of $4,953,600, which amount is partially funded by the Brentwood Redevelopment Agency in the amount of $3,887,410. The remaining amount shall be funded by City Enterprise funds; and

WHEREAS, on June 10, 2008, by Resolution 2008-140, the City Council approved the construction contract for the Downtown Infrastructure, CIP Project No. 562-56382, with Delta Excavating for a total amount of $869,077; and

WHEREAS, on June 24, 2008, by Resolution No. RDA-142, the Redevelopment Agency approved its two-year operating budget, which included a budget amount of $1,739,070 in 2008/09, a partial funding of the Agency’s expected contribution of $3,887,410 for the Downtown Infrastructure Project; and

WHEREAS, since the Agency intends to partially fund the Downtown Infrastructure Project, CIP Project No. 562-56382, in an amount not to exceed $1,739,070 in 2008/09, the City Council, acting as the legislative body of the Agency, in accordance with Health & Safety Code Section 33445, must make the necessary findings for financing the Project’s 2008/09 $1,739,070 gap by the Agency.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood hereby finds and determines

1. The City hereby finds and determines as follows:

a. The payment of funds for the Downtown Infrastructure Project will assist in the elimination of blighting conditions inside the Project Area by providing necessary public improvements.

b. The Downtown Infrastructure Project is consistent with the identified goals and objectives in the 2005-2009 Implementation Plan as follows:

 Revitalize the Merged Project Areas through the improvement and installation of public improvements, public safety provisions, transportation, circulation and parking facilities to reduce congestion, improve public safety and accommodate long-term growth and development patterns.

c. The Downtown Infrastructure Project will be a significant benefit to the Project Area. This finding is based on the fact that the project will upgrade and improve existing aged and deteriorated infrastructure systems, and will benefit not only the immediate Project Area but the community as a whole.

d. That there are no other reasonable means of financing the Project’s 2008/09 $1,739,070 gap available to the City. This finding is based on the lack of sufficient funds in the capital improvement budget of the City to fund the Project together with other urgently needed public improvements and facilities, and the infeasibility of financing the Project through an assessment district, debt service or other conventional method of financing public facilities.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 22nd day of July 2008 by the following vote:
 
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