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 .
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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.
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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.