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RES-ORA-0469 Small Business Assistance Programs for Amended Redevelopment Project AreaRESOLUTION NO. ORA- 0469 A RESOLUTION OF THE ORANGE REDEVELOPMENT AGENCY AMENDING AND RESTATING THE ORANGE REDEVELOPMENT AGENCY'S SMALL BUSINESS ASSISTANCE PROGRAMS FOR THE ORANGE MERGED AND AMENDED REDEVELOPMENT PROJECT AREA.WHEREAS, by Resolution No. ORA-0456 adopted on August 22, 2006, the Board of Directors (Agency Board) of the Orange Redevelopment Agency (Agency) established the Small Business Assistance Programs (the Original SBA Programs), under which the Agency would loan funds from tax increment revenues of the Orange Merged and Amended Redevelopment Project Area (the Project Area), bond proceeds, and any other funds of the Agency legally available therefor to qualified owners or tenants within the Project Area for the purpose of rehabilitating commercial buildings or structures; and WHEREAS, the Agency Board desires to amend, modify and supplement certain portions of the Original SBA Programs by replacing the description of the various programs that was attached as Exhibit A to Resolution No. ORA-0456 with the description of the Amended and Restated SBA Programs in the form attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, the Agency Board has duly considered all of the terms and conditions of the Amended and Restated SBA Programs in the form attached hereto as Exhibit A.NOW, THEREFORE, be it resolved by the Board of Directors of the Orange Redevelopment Agency, on the basis of the facts set forth in the agenda report presented to it and any testimony received at the meeting at which this matter was considered, as follows:Section 1. The foregoing recitals are true and correct.Section 2. The Amended and Restated SBA Programs, as more particularly described on Exhibit A attached hereto, are hereby approved for the purpose of amending and restating the Original SBA Programs that were established by the Agency Board by the adoption of Resolution No. ORA-0456 on August 22, 2006. The Amended and Restated SBA Programs are intended to replace the Original SBA Programs and to reflect the amendment and restatement of the Original SBA Programs.Section 3. The General Counsel for the Agency is hereby authorized and directed to prepare, or cause to be prepared, all documents deemed necessary and appropriate to implement the Programs.Section 4. For loans under the Amended and Restated SBA Programs to qualified owners and tenants within the Project Area having a value of $60,000 Director is authorized, on behalf of the Agency, to review the recommendations of the Loan Committee (as established under Resolution No. ORA-0456) and, to approve or disapprove such applications, and, if approved, to take such steps and execute such documents on behalf of the Agency as are necessary and appropriate in order to make loans under the Amended and Restated SBA Programs and to otherwise effectuate the purposes of this Resolution.Section 5. The Agency Board shall review the recommendations of the Loan Committee for loans under the Amended and Restated SBA Programs to qualified owners and tenants within the Project Area having a value in excess of $60,000, and to approve or disapprove such applications. If approved by the Agency Board, the Agency's Executive Director is authorized to execute such documents on behalf of the Agency as are necessary and appropriate in order to make such loans under the Amended and Restated SBA Programs.Section 6. The officers and employees of the Agency are authorized and directed,jointly and severally, to do any and all things necessary or advisable in order to effectuate the purposes of this Resolution and to administer the Agency's obligations, responsibilities and duties to be performed hereunder and under the Amended and Restated SBA Programs.ADOPTED this 11th day of September, 2007. ATTEST: L. =:(:,Ma. hy, Clerk- ~..I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the Orange Redevelopment Agency at a regular meeting thereof held on the II th day of September, 2007,by the following vote: AYES: NOES: ABSENT: ABSTAIN:DIRECTORS: Smith, Murphy, Cavecche, Dumitru, Bilodeau DIRECTORS: None DIRECTORS: None DIRECTORS: None t. e y, Clerk EXHIBIT A AMENDED AND RESTATED SMALL BUSINESS ASSISTANCE PROGRAMS The Small Business Assistance Programs (Programs) is being established by the Orange Redevelopment Agency in an effort to promote and encourage property owners and tenants to rehabilitate commercial, retail and/or industrial properties located within the Orange Merged and Amended Redevelopment Project Area (Merged Redevelopment Project Area). The Programs are comprised of six (6) loan programs designed to provide incentives to property owners and tenants to upgrade signage, enhance landscaping, improve exterior facades and other property improvements. The Programs offer financial assistance in the form of forgivable loans to encourage new investment, increase property values, facilitate deferred or much needed interior and exterior property improvements, and to assist tenants and businesses seeking to start-up, expand or relocate into the City of Orange. Property owners and tenants may receive funding under more than one loan program at one time,however, future assistance shall not be given until the existing loan terms have been fulfilled.1. PROPERTY IMPROVEMENT LOAN PROGRAM The Property Improvement Loan Program is an interest-free loan program created to meet the needs of property owners and tenants to fund exterior fayade and other on-site property improvements that are. necessary to improve the visual appearance of the building and property in the Merged Redevelopment Project Area. A Qualified Small Business under this program shall include property owners that have an ownership interest and/ or tenants that have a leasehold interest in a commercial and/or industrial property located within the Merged Redevelopment Project Area. Property Improvement Loan Program criteria are as follows:o Minimum loans of$5,000 up to a maximum of $250,000;o Loan shall be interest free;o Loan repayment shall be deferred for the first 12 months from effective date of the loan agreement;o Assistance requests less than $60,000 shall be in the form of an unsecured loan;o Assistance requests in excess of $60,000 shallrequire collateral and/or security in the form of a deed of trust or other appropriate security instrument;o Term of the loan shall be negotiated, but will not exceed 10 years;o Upon timely repayment of the first 75% of loan, the remaining 25% of the loan balance shall be forgiven upon satisfying certain agreed-upon performance conditions;o Qualified use of funds may include: exterior fayade treatments, exterior painting,building and parking lot lighting, parking lot improvements including resurfacing and re-striping, utility under-grounding, architect and engineering fees and other needed on-site improvements; and o All contractors performing the work shall be required to pay prevailing wage rates as established by the State of 2. OLD TOWNE RETAIL LOAN PROGRAM The Old Towne Retail Loan Program is applicable to a Qualified Small Business that is either (a) a new business or an existing business looking to expand or relocate within the Old Towne Historic District looking to bring interior improvements into compliance with the Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, Uniform Code for the Abatement of Dangerous Buildings, National Electrical Code, California Fire Code, Building Security Standards and/or Seismic Strengthening Provisions for Un- reinforced Masonry Bearing Wall Buildings, as set forth in Chapters 15.04, 15.08, 15.12, 15.16, 15. 20,15.24, 15.32, 15.52 and 15.55, respectively, of the Orange Municipal Code (herein referred to as Building Code Improvement), and/or the Americans with Disabilities Act ( ADA)standards, or (b) an existing business within the Old Towne Historic District not looking to expand but, instead, looking to bring interior improvements into compliance with the Building Code Improvements and/or ADA standards. This program is designed to encourage a Qualified Small Business to upgrade interior improvements in compliance with current Building Code Improvements and/or the ADA standards. A Qualified Small Business under this program encompasses a broad range of retailers including restaurants, food service establishments, and antique and specialty shops. Applicants who are participating in the Mills Act Program do not qualifY for the Old Towne Retail Loan Program. Old Towne Retail Loan Program criteria are as follows:o Minimum loans of $5,000 up to maximum of $100, 000;o Loans will be structured over a five (5) to ten (10) year period and require annual payments of principal and interest. Terms and amount of assistance may be modified in certain circumstances to reflect the lease terms;o Loans will bear an interest rate of three percent (3 %) simple interest annually;o 50% of the loan amount will be forgiven by the Agency to provide an incentive to stay in operation depending upon the Agency's analysis of need;o All contractors performing the work shall be required to pay prevailing wage rates as established by the State of California Department ofIndustrial Relations; and o All outstanding debt will be immediately due and payable upon closure, sale of the business to a third party, or default.3. SIGNAGE INCENTIVE PROGRAM The Signage Incentive Program is a 60/40 matching loan program in which the Agency will contribute 60% in funding participation towards new signs in the Merged Redevelopment Project Area. The program provides for property owners and/or tenants seeking financial assistance to remove existing signs and upgrade and/or construct new signs that will meet the City of Orange building and zoning code requirements. Signage Incentive Program criteria are as follows:o 60/40 Matching Program. At time of application submittal, a Qualified Small Business must provide proof of documentation that it's 40% contribution in matching funds is available for the project;o Minimum Agency participation is $2,500; maximum Agency participation shall not exceed $30, 000;Page 2 of o Qualified use of funds may include: removal and disposal of original sign; new sign design concept; sign fabrication, installation related work including foundations and electrical work; permits and building fees; o City and Agency must approve all sign designs and plans; o Loan shall be interest free; o All contractors performing the work shall be required to pay prevailing wage rates as established by the State of California Department ofIndustrial Relations; and o Assistance in the form of an unsecured loan shall be forgiven upon satisfying certain agreed-upon performance conditions over a five-year term or other negotiated term.4. LANDSCAPE ENHANCEMENT INCENTIVE PROGRAM The Landscape Enhancement Incentive Program is created to provide property owners and tenants with financial assistance to enhance their properties through landscape treatments.Under this program, property owners can pursue much needed aesthetic improvements to their property thereby creating an environment more attractive, inviting and conducive for business activity. General program criteria are as follows:o 60/40 Matching Program. At time of application submittal, Qualified Small Business must provide proof of documentation that it's 40% contribution in matching funds is available for the project;o Minimum Agency participation is $5,000; Maximum Agency participation shall not exceed $ 60,000;o Qualified use of funds may include: landscaping design and plans, construction of landscape improvements including demolition, planting, trees, shrubs, hardscape and masonry work, fencing and irrigation system;o City and Agency must approve all final landscape plans;o Loan shall be interest free;o All contractors performing the work shall be required to pay prevailing wage rates as established by the State of California Department ofIndustrial Relations; and o Assistance in the form of an unsecured loan shall be forgiven upon satisfying certain agreed-upon performance conditions over a five-year term or other negotiated term.5. RESTAURANT EQUIPMENT INCENTIVE PROGRAM The Restaurant Equipment Incentive Program provides for a loan of up to $ 30,000 to install and/or upgrade grease interceptors, grease traps or alternate methods as determined by the City's Public Works Director. A Qualified Small Business shall be required to maintain and clean the grease interceptors and/or grease traps for the life of the business operation. The frequency of maintenance shall not be less than every six (6) months. Based on actual generation of fats, oils and grease from the establishment, the maintenance frequency may increase or decrease as determined by the Agency and/or the City' s Public Works Department.A Qualified Small Business shall include but not be limited to any facility preparing and/or serving food for commercial use or sale. This includes restaurants; cafes; hotels; catering kitchens; bakeries; grocery stores with food preparation, food packaging, meat cutting, and meat preparations; and other food handling facilities not listed above where fats, oil and grease may be introduced into the community sewer system and cause line blockages and sewer overflows. General program criteria are as follows: o Minimum loans of$2,500 up to a maximum of$30,000; o Loan shall be interest free; o Assistance in the form of an unsecured loan shall be entirely forgiven upon satisfying performance conditions over a five-year term or other negotiated term;o All contractors performing the work shall be required to pay prevailing wage rates as established by the State of California Department ofIndustrial Relations;o Qualified Small Business shall be required to maintain restaurant grease equipment and remain open for business during the term of the loan; an o Agency funds may be used for all costs associated with the installation of grease interceptors and/or grease traps including but not limited to design and engineering costs, equipment costs, permits and fees. Funds may not be used for on-goingmaintenance and/or cleanup costs.6. FEE INCENTIVE PROGRAM Recognizing the establishment, expansion, relocation of a small business comes with substantial start-up costs, the Fee Incentive Program was created to allow qualified small businesses to seek Agency assistance to offset costs associated development fees including but not limited to planning, parking, Fire Facility, Police Facility, Transportation System Improvement Program (TSIP), building, business license and utility fees. The Fee Incentive Program provides financial assistance to shift dollars that would normally go to pay for development fees and refocus those dollars into marketing and outreach of the newly established business. Fee Incentive Program criteria are as follows:o Minimum Agency participation of$2,500 up to a maximum of$15,000;o Assistance in the form of an unsecured loan shall be forgiven upon satisfYing performance conditions over a five-year term or other negotiated term;o Qualified Small Business shall not exceed 100 full and/or part-time employees;o New businesses must commit to marketing and outreach efforts equal to 20-50% of the amount of requested Agency assistance under this Program; and o Existing business intending to expand or relocate into the City must commit to marketing outreach or other performance-based conditions to be negotiated.Examples of performance-based conditions may include: creation of new full and part time jobs, increase sales tax generation, and