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Item 12 - Approval of Cooperation Reimbursement .40 REPORT OF pl■� CITY OF 'POWAY ; ,. • �'rc.,- This report is included on the Consent Calendar. There will be no separate discussion of the y_'_- report prior to approval by the City Council unless members of the Council, staff or public FSe request it to be removed from the Consent Calendar and discussed separately. If you wish to. 1� tv THE C0\5.... have this report pulled for discussion, please fill out a slip indicating the report number and give it to the City Clerk prior to the beginning of the City Council meeting. TO: Honorable. Mayor and Members of the City Council Chairman and Members of the Redevelopment Agency • FROM: James L. Bowersox, City Manager/Executive INITIATED BY: Patrick R. Foley, Assistant to the City Mana;1; VI DATE: January 21, 1986 . • SUBJECT: Approval of Cooperation and Reimbursement Agreement for the Construction of a Noise Attenuation Wall and the Installation of Curbs, Gutters, Sidewalks, Street Lights, and Landscaping Along the East Side of Panerado Road in the Paguay Redevelopment Project Area. BACKGROUND . • The Redevelopment Agency, in accordance with Section -33445 of the Health and Safety Code, may utilize its funds for the purpose of installing public improve- • • ments. To carry out this function, the Redevelopment Agency -and the City Council must adopt a resolution determining that such public improvements ,are of benefit to the project area. • The design and construction of a noise attenuation wall will mitigate the adverse noise levels impacting the hares adjacent to Pomerado Road between Robison Boulevard and Glenoak Road. Currently this area is without adequate curbs, gutters, sidewalks, street lights, and landscaping. • The installation of sidewalks along the east side of Panerado road will provide added safety for the children walking to school from Powers and Frame Roads. The estimated total cost of the project is $1,500,000. Phase I will cost approximately $300,000. . • FINDINGS • The Panerado Road sound attenuation wall project is of direct 'benefit to the . Paguay Redevelopment Project Area and is eligible for Agency funding under Section 33445 of-the Health and Safety Code. The attached Resolution of Benefit and the Cooperation and Reimbursement Agreement (Exhibit A) provide the legal documentation and mechanism necessary for Agency participation in the accomplishment of this project. Staff was authorized to solicit bids for' this project on February 19, 1985. • ACTION• Adopted Res. 86-008 and R-86-04 determining benefit, and approving cooperation. and reimbursement agreement& authori. ing execution of agreement. • lit' ALIALAWL., J,: Seibert ; Deputy City ,Clerk „0„. JAN 21 1986 ITEM 12. 1_ of 12. • 410 0 Agenda Report January 21, 1986 Page 2 RECOMMENDATION City Council It is reccrunended that the City Council adopt the Resolution of Benefit and approve the Cooperation and Reimbursement Agreement. Redevelopment Agency It is recommended that the Redevelopment Agency adopt the Resolution of benefit and approve the Cooperation and Reimbursement Agreement. JLB:PRF:lc Attachments: Resolution Resolution a/parerado r/pomerado 2of. 12 JAN 2 1 1986 ITEM 1 411 RESOLUTION NO. 85- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, DETERMINING CERTAIN PUBLIC IMPROVEMENTS TO BE OF BENEFIT TO THE PAGUAY REDEVELOPMENT PROJECT; CONSENTING TO THE PAYMENT BY THE REDEVELOPMENT AGENCY TO THE CITY OF POWAY OF THE VALUE OF THE INSTALLATION AND CONSTRUCTION OF SUCH PUBLIC IMPROVEMENTS; AND APPROVING AND AUTHORIZING THE EXECUTION OF A COOPERATIVE AND REIMBURSEMENT AGREEMENT THEREFORE BETWEEN THE CITY AND THE AGENCY WHEREAS, The City of Poway will undertake the installation of a noise atte- nuation wall, curbs, gutters, sidewalks, street lights, and landscaping along the east side of Panerado Road between Robison Boulevard and Glenoak Road; and WHEREAS, Panerado Road is within the Paguay Redevelopment Project and the installation of the aforesaid improvements is necessary for the execution of the Project under the provisions of the California Community Redevelopment Law (Health and Safety code, Section 33000 et. seq. ) and pursuant to the Redevelopment Plan for the Project, which Redevelopment Plan was adopted on December 13, 1983, by Ordinance No. 117 of the City Council; and WHEREAS, the Redevelopment Agency of the City of Poway desires to reimburse and pay the City for the value of the construction work, the'terms and provi- sions of such reimbursement being contained in a "Cooperation and Reimbursement Agreement" between the City and the Agency, which is attached hereto and labeled as Exhibit A; and - WHEREAS, Section 33445 of the California Health and Safety Code requires the City to determine the issue of benefit to the Paguay Redevelopment Project prior to such reimbursement payments being made to the City by the Agency. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1. It is hereby determined that the installation and construction of public improvements necessary to mitigate adverse noise levels and to enhance pedestrian safety are of benefit to the Paguay Redevelopment Project. Section 2. The City council hereby consents and approves the reimbursement and payment by the Agency to the City of Poway for the value of the construction work as set forth in the attached Cooperation and Reimbursement Agreement. Section 3. The City Council hereby approves the attached Cooperation and Reimbursement Agreement, and hereby authorized the Mayor to execute, and the City Clerk to attest to said Agreement, on behalf of the City. 3 _of', 1.2 u,_ JAN 21 1986 ITEM 12 ® Resolution No. Page 2 Section 4. The City Clerk shall certify to the adoption of this resolution. PASSED, ADOPTED AND APPROVED, by the City Council of the City of Poway, California, at a regular meeting thereof this day of , 1985. Carl R. Kruse, Mayor A'1T] ST: Marjorie K. Wahisten, City Clerk 4: of . 2:: JAN 21 1986 ITEM 12 EXHIBIT "A" PAGUAY REDEVELOPMENT PROJECT POWAY, CALIFORNIA COOPERATION AND REIMBURSEMENT AGREEMENT FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS THIS AGREEMENT is entered into this day of , 1985, by and between the REDEVELOPMENT AGENCY OF THE CITY OF POWAY (a public body, corporate and politic, hereinafter referred to as the "Agency") and the CITY OF POWAY, CALIFORNIA (a municipal corporation, hereinafter referred to as the "City") , with reference to the following: A. The City of Poway will undertake the installation of a noise atte- nuation wall, curbs, gutters, sidewalks, street lights, and landscaping along the east side of Pciuerado Road between Robison Boulevard and Glenoak Road. B. The improvements to be installed on Panerado Road are all within the Paguay Redevelopment Project and the installation of the aforesaid improvements are necessary for the execution of the Project under the provisions of the California Community Redevelopment law (Health and Safety Code, Section 33000 et. seq. ) and pursuant to the Redevelopment Plan for the Project, which Redevelopment Plan was adopted on December 13, 1983, by Ordinance No. 117 of the City Council; and C. The Agency desires to reimburse and pay the city for the cost of the construction work of these improvements. D. The Agency and the City Council have determined that these improvements. are of benefit to the project. E. The Agency, by this Agreement, is agreeing to reimburse the City for the installation of landscaped traffic medians along Pomerado Road between Robison Boulevard and Glenoak Road. NOW, THEREFORE, the Agency and the City mutually agree as follows: I. (Section 100) SCOPE OF SERVICES A. (Section 101) Public Improvement Work The City shall cause to be designed and constructed and installed the following public improvements in a satisfactory and proper manner pur- suant to plans and specifications to be.prepared by the City: 1. The construction of an 6-foot ornamental masonry sound attenuation wall along the east side of Pamerado Road from Robison Boulevard to Glenoak Road and the placement of concrete curbs, gutters, sidewalks,' street lights, and landscaping in this area. 5, of 12 JAN 2 1 1986 ITEM 12 AIL B. (Section 102) Right of Way Acquisition Right of way acquisition is not anticipated and not a part of this agreement. . II. (Section 200) TIME OF PERFORMANCE The services required pursuant to section 101 through 102 shall commence upon execution of this Agreement by the City and shall be diligently prose- cuted by the City. III. (Section 300) REIMBURSEMENT BY AGENCY TO CITY A. (Section 301) Payment The Agency shall pay to the City as reimbursement for the costs for the aforesaid improvements, a total of Three Hundred Thousand Dollars ($300,000). B. (Section 302) Method and Time of Payment The Agency shall, in its discretion consistent with the proper imple- mentation of the Redevelopment Plan, pay the City the total amount set forth in Section 301 in periodic installments from any funds which may then be legally available to the Agency therefor, including, but not limited to, tax increment payments and proceeds from the sale of bonds. IV. (Section 400) SUBORDINATION OF INDEBTEDNESS The indebtedness of the Agency to the city created by this Agreement;is subordinate to any pledge of tax increments to the bond holders of any tax increment bonds which are or may be issued by the Agency. V. (Section 500) LIABILITY AND INDEMNIFICATION In contemplation of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon pubic entities solely by reason of such entities being parties to an agreement as defined by Section 895 of said Code, the parties hereto, as between themselves, pursuant to the authorization contained in Section 895.4 and 895.6 of said Code, will each assume the full liability imposed upon it or any of its officers, agency, or employees by law for injury caused by negligent or wrongful act or omission occurring in the performance of this Agreement to the same extent that such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above-stated purpose each party indemnifies and holds harmless the other party for any loss, costs or expense that may be imposed upon such other party solely by virtue of said Section 895.2. The provisions of Section 2778 of the California Civil Code are made a part hereof as if fully set forth herein. • 6 o.f. l'2 _� JAN 2 1 1986 ITEM 12 IN WITNESS WHEREOF,''lhe Agency and the City have exeed this Agreement as of the date first set forth•hereinabove. CITY OF POWAY (CITY) Carl R. Kruse, Mayor A'.LTEST: Marjorie K. Wahlsten, City Clerk APPROVED AS TO FORM: Stephen M. Eckis, City Attorney REDEVELOPMENT AGENCY OF THE CITY OF POWAY (AGENCY) James L. Bowersox, Executive Director A'rrEST: Marjorie K. Wahisten, Secretary • • 7 of '12 . ' JAN 2 1 1986 IT E M . i.2 RESOLUTION NO. R85- A RESOLUTION.OF THE REDEVELOPMENT AGENCY OF THE CITY OF-POWAY, CALIFORNIA, DETERMINING CERTAIN PUBLIC IMPROVEMENTS TO BE OF BENEFIT TO THE PAGUAY REDEVELOPMENT PROJECT; AUTHORIZING THE PAYMENT BY THE REDEVELOPMENT AGENCY TO THE CITY OF POWAY OF THE VALUE OF THE INSTALLATION AND CONSTRUCTION OF SUCH PUBLIC IMPROVEMENTS; AND APPROVING AND AUTHORIZING THE EXECUTION OF A COOPERATION AND REIMBURSEMENT AGREEMENT THEREFORE BETWEEN THE CITY AND THE AGENCY WHEREAS, the City of Poway, will undertake the installation of a noise atte- nuation wall, curbs, gutters, sidewalks, street lights, and landscaping along • the,east side of Pccnerado Road between Robison Boulevard and Glenoak Road; and WHEREAS, Pomerado Road is within the Paguay Redevelopment Project and the installation of the aforesaid improvements is necessary for the execution of the Project under the provisions of the California Ciimunity'Redevelopment Law (Health and Safety Code, Section 33000 et. seq. ) and pursuant to the Redevelopment Plan for the Project, which Redevelopment Plan was adopted on • December -13, 1983, by Ordinance No. 117 of the City Council; and WHEREAS, the Redevelopment Agency of the City of Poway desires to reimburse and pay the City for the value of the construction work, the terms and provi sions of such reimbursement being contained in a "Cooperation and Reimbursement Agreement" between the City and the Agency, which is attached hereto and labeled as Exhibit A; and WHEREAS, Section 33445 of the California Health and Safety Code requires the City to determine the issue of benefit to the Paguay Redevelopment Project prior to such reimbursement payments being made to the` City by the Agency. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of Poway as follows: . Section 1. It is hereby determined that the installation and construction of public improvements` necessary to mitigate adverse noise levels and to enhance pedestrian safety are of benefit to the Paguay Redevelopment Project. Section 2. The Agency hereby authorizes and approves the reimbursement .and payment by the Agency to the City of Poway for the value of the construction work as set forth in .the attached Cooperation and Reimbursement Agreement. Section 3. The Agency hereby approves the attached Cooperation •and Reimbursement Agreement, and hereby authorizes the Chairman to execute, and the - Agency Secretary to attest to said Agreement on: behalf of the Agency. JAN 211986 ITEM 12 8.,of 12 4/1 Resolution, No. R85 Page 2 Section 4. The Secretary shall certify to the adoption of this resolution. PASSED, ADOPTED AND APPROVED, by the Redevelopment Agency of the City of Poway, California, at a regular meeting thereof this day of 1985. Carl R. Kruse, Chairman ATTEST: Marjorie K. Wahlsten, Secretary JAN 21 1986 ITEM 12 9 of ,:12 Y Alp 411- EXHIBIT "A" PAGUAY REDEVELOPMENT PROJECT POWAY, CALIFORNIA COOPERATION AND REIMBURSEMENT AGREEMENT FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS THIS AGREEMENT is entered into this day of , 1985, by and between the REDEVELOPMENT AGENCY OF. THE CITY OF POWAY (a public body, corporate and politic, hereinafter referred to as the "Agency") and the CITY OF POWAY, CALIFORNIA (a municipal corporation, hereinafter referred to as the "City") , with reference to the following: A. The City of. Poway will undertake the installation of a noise atte- nuation wall, curbs, gutters, sidewalks, street lights, and landscaping along the east side of Panerado Road between Robison Boulevard and Glenoak Road. B. The improvements to be installed on Panerado Road are all within the Paguay Redevelopment Project and the installation of the aforesaid improvements are necessary for the execution of the Project under the provisions of the California Community Redevelopment law (Health and Safety Code, Section 33000 et. seq. ) and pursuant to the Redevelopment Plan for the Project, which Redevelopment Plan was adopted on December 13, 1983, by Ordinance No. 117 of the City Council; and C. .The Agency desires to reimburse and pay the city for the cost of the construction work of these improvements. D. The Agency and the City Council have determined that these improvements are of benefit to the project. E. The Agency, by, this Agreement, is agreeing to reimburse the City for the installation of landscaped traffic medians along Pamerado Road between Robison Boulevard and Glenoak Road. • NOW, THEREFORE, the:Agency and the City mutually agree as follows: • I. (Section 100) SCOPE OF SERVICES . A. (Section 101) Public Improvement Work The City shall cause to be designed and constructed and installed the following public improvements in a satisfactory and proper manner pur- suant to plans and specifications to be prepared by the ,City: 1: The construction of an 6-foot ornamental masonry sound attenuation wall along the east side of Panerado Road from Robison Boulevard . to Glenoak Road and the placement of concrete curbs, gutters, sidewalks, street lights, and landscaping in this area. JAN 21 1986 ITEM 12 1.0 of. .12 4 410 IIP B. (Section 102) Right of Way Acquisition Right of way acquisition is not anticipated and not a part of this agreement. II. (Section 200) TIME OF PERFORMANCE The services required pursuant to .section 101 through 102 shall commence upon execution of this Agreement by the City and shall be diligently prose- cuted by the City. III. (Section 300) REIMBURSEMENT BY AGENCY TO CITY A. (Section 301) Payment The Agency shall pay to the City as reimbursement for the costs for the aforesaid improvements, a total of Three Hundred Thousand Dollars ($300,000). B. (Section 302) Method and Time of Payment The Agency shall, in its discretion consistent with the proper imple- mentation of the Redevelopment Plan, pay the City the total amount set forth in Section 301 in.periodic installments from any funds which may then be legally available to the-Agency therefor, including, but not limited to, tax increment payments and proceeds from the sale of bonds. IV. (Section 400) SUBORDINATION OF INDEBTEDNESS The indebtedness of the Agency to the city created by this Agreement is subordinate to any pledge of tax increments to the bond holders of any tax increment bonds which are or may be issued by the Agency. • V. (Section 500) LIABILITY AND INDEMNIFICATION In contemplation of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon pubic entities solely by reason of such entities being parties to an agreement as defined by Section 895 of said Code, the parties hereto, as between themselves, pursuant to the authorization. contained in Section 895.4 and 895.6 of said Code, will each assume the full liability imposed upon it or any of its officers, agency, or employees by law for injury caused by negligent or wrongful act or emission occurring in the performance of this Agreement to the same extent that such liability swould be imposed in the absence of Section 895.2 of said Code. To achieve the above-stated purpose each party indemnifies and holds harmless the other party for any loss, costs or expense that may be imposed upon such other party solely by virtue of said Section 895.2. The provisions of Section 2778 of the California Civil Code are made a part hereof as if fully set forth herein. 11_of_12 JAN 2 1 1986 ITEM 12 410 410 IN WITNESS WHEREOF, the Agency and the City have executed this Agreement as of the date first set forth hereinabove. CITY OF POWAY (CITY) Carl R. Kruse, Mayor A1T'RST: Marjorie K. Wahlsten, City Clerk APPROVED AS TO FORM: Stephen M. Eckis, City Attorney REDEVELOPMENT AGENCY OF THE CITY OF POWAY (AGENCY) • James L. Bowersox, Executive Director A'1.1'EST: Marjorie K. Wahlsten, Secretary JAN 21 1986 ITEM 12 12 of. 12.