CC - 2009-59 - Improvements for a synthetic multi-purpose tract at Rosemead High SchoolAttachment B
RESOLUTION NO. 2009-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD MAKING THE
FINDINGS REQUIRED BY SECTION 33445 OF CALIFORNIA REDEVELOPMENT LAW
AND DETERMINING THAT THE PROVISION OF PUBLIC IMPROVEMENTS MADE
TOWARDS THE SYNTHETIC MULIT-PURPOSE TRACK AT ROSEMEAD HIGH SCHOOL
IS OF BENEFIT TO REDEVELOPMENT PROJECT AREAS NOS. 1 AND 2.
WHEREAS, the Rosemead Community Development Commission (the "Commission")
is a public body, corporate and politic, duly established and authorized to transact business and
exercise powers under and pursuant to the provisions of the Community Redevelopment Law of
the State of California, constituting Part 1 of Division 24 of the Health and Safety Code of the
State of California (the "Law"), including the power to expend funds for public improvements
for the benefit of Redevelopment Project Areas Number 1 and 2 ("Project Areas"); and
WHEREAS, the City of Rosemead ("City") is the legislative body for the community in
which the Project Areas are located and pursuant to Health & Safety Code section 33445 is
required to consent to payments to be made by its Commission for the provision of public
improvements; and
WHEREAS, the provision of these projects are consistent with the Commission's Five-
Year Implementation Plan Goals adopted for 2009-2014; and
WHEREAS, there are appropriate facts supporting the findings required by Health &
Safety Code Section 33445 for the City Council to consent to the Commission's expenditure of
funds to create a synthetic multi-purpose athletic track at the Rosemead High School (the
"Project"); and
WHEREAS, the Resolution is being considered at properly noticed Public Hearing as
required by Health and Safety Code section 33679.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD
CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Recitals. The City Council finds and declares that the above recitals are
true and correct and incorporates them herein.
SECTION 2. Findings Required by Health & Safety Code Section 33445. The City
Council hereby determines that:
(i) the Project is of benefit to the Project Areas as it will provide for year
round exercise opportunities in Rosemead. It will also attract additional
people and create a new energy in an area that has been historically
stagnant and underutilized. This in turn, will create additional spin off
business in Rosemead and will promote a more pedestrian friendly
environment. A description of the Projects and the funding sources are
attached here to as Exhibit A; and
(ii) no other reasonable means of financing the Project are available from the
City as the City is using its funds to undertake other projects, services and
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Attachment B
public improvements throughout the City as reflected in the FY 2009-10
Operating and Capital Improvement Budget, a copy of which is on file
with the City Clerk; and
(iii) that the payment of funds will assist in the elimination of blighting
conditions inside the Redevelopment Project Areas by providing for
additional public exercise/athletic facilities which are currently
insufficient and in poor condition; and
(iv) The use of Commission funds for these Projects is consistent with the
Commission's 5-year Implementation Plan (2009-2014).
SECTION 3. City Consent to use of Agency Funds. The City Council consents to the use
of Commission funds to pay $800,000 to fund improvements made to the athletic track at
Rosemead High School.
SECTION 4. Effective Date: This Resolution shall take effect from and after its date of
passage; approval and adoption.
SECTION 5. Certification: The City Clerk shall certify to the adoption of this
Resolution.
PASSED, APPROVED AND ADOPTED this J3- day of November, 2009.
MARG T CLARK, MAYOR
ATT ST: ,
A QA U&06
LORIA.MOLLEDA, CITY CLERK
APPROVED AS O ORM
Jo/seeph M. Montes, City Attorney
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Attachment B
EXHIBIT A
Project Description
The Rosemead High School Synthetic Multi-Purpose Athletic Track
This project includes the installation of a new synthetic multi-purpose track at the Rosemead
High School Stadium. This would be a joint venture with the El Monte Union High School
District whereby the City would only be obligated to pay a portion of the construction costs.
The District would be responsible for all remaining construction costs and all ongoing
maintenance costs. The City's estimated contribution towards the project would be $800,000.
The project construction could begin as soon as December 2009 and be completed by August
2010.
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Gloria Molleda, City Clerk of the City of Rosemead, do hereby certify that the foregoing
Resolution No. 2009-59 being:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, MAKING THE
FINDINGS REQUIRED BY SECTION 33445 OF THE CALIFORNIA REDEVELOPMENT
LAW AND DETERMINING THAT THE PROVISION OF PUBLIC IMPROVEMENTS
MADE TOWARDS THE SYNTHETIC MULTI-PURPOSE TRACT AT ROSEMEAD HIGH
SCHOOL IS OF BENEFIT TO REDEVELOPMENT PROJECT AREAS NO1 & 2
was duly and regularly approved and adopted by the Rosemead City Council on the 17th of
November, 2009, by the following vote to wit:
Yes: Armenta, Clark, Ly
No: Low, Taylor
Abstain: None
Absent: None
1.
Gloria Molleda
City Clerk
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CHAIRMAN AND MEMBERS OF THE
CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION
FROM: JEFF ALLRED, CITY MANAGER
DATE: NOVEMBER 17. 2009
SUBJECT: PUBLIC HEARING ON THE EXPENDITURE OF COMMISSION FUNDS
FOR THE FY 2009-10 CAPITAL IMPROVEMENT PLAN PURSUANT TO
HEALTH & SAFETY CODE SECTIONS 33445 AND 33679 FOR THE
DEVELOPMENT OF A SYNTHETIC TRACK AT ROSEMEAD HIGH
SCHOOL AND THE APPROVAL OF AN AGREEMENT WITH THE EL
MONTE UNION HIGH SCHOOL DISTRICT
SUMMARY
Approximately one year ago the City Council authorized partnership efforts with the El
Monte Union High School District (District) to determine the feasibility of installing a
synthetic track at the Rosemead High School Stadium. During these discussions it was
tentatively agreed upon that the City would assume 60% of the construction costs and
the District would be responsible for 100% of the ongoing maintenance costs associated
with the track.
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 Community
Development Commission must make findings: a) that the proposed improvements are
of benefit to the Project Areas or the immediate neighborhood in which the projects are
located; b) that there are no other reasonable means of financing the proposed projects
available to the community; c) that the projects will assist in the elimination of blighting
conditions in the Project Areas and are consistent with the adopted Implementation
Plan.
Staff Recommendation
Staff recommends the following:
1. That the Community Development Commission adopt Resolution No. 2009-35
(Attachment A) making the appropriate findings under Health and Safety Code
Section 33445.
2. That the City Council adopt Resolution No. 2009-59 (Attachment B) making the
appropriate findings under Health and Saf
Council consent to the proposed Commission
-ty Code Section 33445 and the
expenditures.
ITEM NO.
APPROVED FOR CITY COUNCIL AGENDA:
City Council Meeting
November 17, 2009
Pace 2 of 4
3. That the City Council approve the Agreement (Attachment C) between the City
and the District for the construction and ongoing maintenance and use of a
synthetic track installed at Rosemead High School, and authorize expenditures of
redevelopment funds in an amount not to exceed $800,000 to cover the City's
portion of construction, project management and fee costs and a 10%
contingency.
ANALYSIS
The installation of a synthetic track will be a significant asset to the community. The
track will be open during normal Rosemead Park hours to the general public except
during specific school events such as football games in which admission is required. As
with other joint-use agreements with the District, each party has agreed to indemnify the
other in the event of a lawsuit resulting in use of the track, and neither party will be
charged a fee for utilizing the facility.
The District has reviewed the proposed agreement and approved the agreement
language at their October 7, 2009 meeting. Once the agreement is approved by both
governing bodies, the District will assume the primary role of construction management
for the project. Since this project is located on District property and entails the use of
District funds, the plans and specifications will need to go through the State's
Department of General Services approval process. Unfortunately, this will likely add
time to what the City is normally accustomed to seeing for projects. The timeline from
approval of the Agreement to completion of construction may take up to a year to
complete.
District staff has been in contact with other school districts in the region to develop a
rough estimate of the costs associated with the construction of a new track. Based
upon these discussions, District staff has estimated construction costs to be as high as
$1 million and "soft" costs such as construction mangers fee, Inspector of Record (IOR),
and Division of State Architect fees may be as high as another 20% of the construction
costs for a total of $1.2 million. Although Rosemead's portion the construction and soft
cost estimate is approximately $720,000 staff is recommending a total allocation of
$800,000 for this project to cover a 10% contingency that will likely be required plus any
additional unknown incidental costs that may occur once the project is initiated. These
funds will be budgeted from the Redevelopment Agency's existing Tax Exempt Bond
Proceeds which may only be used for public improvement projects.
Estimated Constrruction Costs $1,000,000
Estimated "Soft" Costs $200,000
Total Build Costs $1,200,000
City's Portion (60%) $720,000
City's 10% Contingency $72,000
City's Total Contribution (Rounded) $800,000
City Council Meeting
November 17, 2009
Page 3 of 4
Once bids are solicited and reviewed, the award of contract will be brought back to the
City Council for approval. At that time a final agreement will also be brought before the
Council for approval with the date and amount included.
Health and Safety Code Section 33445 Findings
As stated above, Health and Safety Code Section 33445 requires that the City Council
consent to the Commission expenditures for public improvement projects and that the
Commission and Council find that:
1) The use of Commission funds is of benefit to the project area(s) funding
the improvement.
A synthetic multi-purpose athletic track will provide for year round exercise
opportunities in Rosemead. It will bring additional people and a new
energy to an area that has been historically underutilized. This in turn, will
create additional spin off business activity in Rosemead and will promote a
more pedestrian friendly environment. A description of the Project and the
funding sources are attached to the Resolution proposed with this staff
report as Exhibit A.
2) There is no other reasonable means of financing the improvements.
At this time, no other reasonable means of financing the Project are
available from the City as the City is using its funds to undertake other
projects, services and public improvements throughout the City as
reflected in the City's FY 2009-10 Capital Improvement Plan.
3) Funding the project will assist in the elimination of one or more blighting
conditions inside the project area.
The payment of funds for the Projects will assist in the elimination of
blighting conditions inside the Redevelopment Project Areas by providing
for additional public exercise/athletic facilities which are currently
insufficient and in poor condition.
4) Consistency with 5-Year Plan
The use of Commission funds for these Projects is consistent with the
Commission's 5-year Implementation Plan for 2009-2014.
City Council Meeting
November 17, 2009
Page 4 of 4
At this time, there is one project that requires the use of Commission funds.
The Rosemead High School Multi-Purpose Athletic Track
This project includes the installation of a new synthetic multi-purpose track at the
Rosemead High School Stadium. This would be a joint venture with the El Monte
Union High School District whereby the City would only be obligated to pay a
portion of the construction costs. The District would be responsible for all
remaining construction costs and all ongoing maintenance costs. The City's
estimated contribution towards the project would be $800,000.
The project construction could begin as soon as December 2009 and be
completed on August 2010.
FISCAL IMPACT
The Commission currently has approximately $5.65 million in tax exempt bond
proceeds available to fund this project.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Submitted by:
ff\OI_4___
Matthew E.'Hawkesworth
Assistant City Manager
evelopment Director
Attachments: A = Resolution No. 2009-35
B - Resolution No. 2009-59
C - Agreement with El Monte Union High School District