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HomeMy WebLinkAboutCC Res 1753 1969-03-03 . , I, I' I , " RES0LUT'ION NUMBER /15'3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH REGARDING RELATIONSHIPS BETWEEN THE CITY AND THE AGENCY. WHEREAS, The city of Seal Beach has established the Redevelopment Agency of the city of Seal Beach pursuant to the provisions of the California Community Redevelopment Law (Health and Safety Code, Sections 33000 et seg.)l and WHEREAS, The City Council declared itself to be the Agency in accordance with said lawl and WHEREAS, The Agency is undertaking a redevelopment project known as the Riverfront Redevelopment Project pursuant to a Redevelopment Plan approved and adopted by Ordinance of the City Council: and WHEREAS, The city and the Agency desire to enter into an agreement to establish the basis for their relationship with respect to the powers and functions of the City and the Agency in the planning, financing, undertaking, and carrying out of the Riverfront Redevelop- ment Project. NOW, THEREFORE, th~ City Council of the City of Seal Beach, California, resolves as follows: 1. The Mayor is authorized to sign an agreement entitled "Cooperation Agreement Between The City of Seal Beach and the Redevelopment Agency of the City of Seal Beach." A copy of said Agreement be attached to this Resolution as Exhibit "A". 2. PASSED, held on APPROVED, AND ADOPTED by the City Council at a meeting thereof the 3rd,day ofLMarch, 1969, by th~ :ol:y>wing~ vote:! /J , counc~lmen6l-!'.....~ ,lith ~ll';._.~. _ __ Councilmen 0.-?x..c...- ' Councilmen ~~"" , j AYES: NOES: ABSENT: ATTEST: ~~~<wt:.W~ - ~<'...' "''$~'' , , . ',. . I' " -, .' v .:> , I, I I l Resolut~on Number .. COOPERAT~ON AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH THIS AGREEMENT is entered into this 3rd day of March, 1969, by and ' between THE CITY OF SEAL BEACH, CALIFORNIA (hereinafter referred to as the "CITY") and the REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH, CALIFORNIA (hereinafter referred to as the "Agency") . The city and the' Agency hereby agree as follows: l. GENERAL A. Ordinance Pursuant to the California Conununity Redevelopment' Law (California Health and Safety Code, Section 33000 et seq.) the City Council on February 20, 1967, by Ordinance No. 708 declared that there was a need for a redevelopment agency to function in the City. B. Desiqnation of Agency The City Council by said Ordinance also designated itself to be the Agency pursuant to Section 33200 of said law. C. Separate Aqency The Agency is and shall remain as a separate public body, cO:1;"I;orate and politic;- exercising governmental functions and pe-r- forming a public function of the City. D. Riverfront Redevelopment Project The Agency is undertaking a redevelopment projer.t known as the Riverfront Redevelopment Project (herein referred to as the Project) in accordance with the California Conununity Redevelopment Law. On Ma;rch 3, 1969, ,the City Council by Ordinance No. 780 approved and , ',adopted a Redev:elopment' Plan, for said protect (herein referred tel as the Plan). " I, I ,I '. , lResolutiO~ Number . ~ The Plan provides that ~he city will advance funds to the Agency in the form of loans for survey and planning activities, for operating capital, and for the construction.of various public facilities, and will also make certain expenditures to assist the Agency in carrying out the Project. ll, CITY ADVANCES A, Amount of Advances The City has advanced and expended on behalf of the'Agency certain funds of approximately $l5,OOO for survey and planning purposes and administrative expenses incurred prior to the effective date of the ordinance adopting'the Plan. The Agency hereby agrees to repay the amount of such advances on the terms and conditions hereafter provided in this agr~ement. The City will, to the extent that funds are legally available to the City, advance as loans to the Agency for the Project the following amounts: (l) an amount, estimated at $l30,OOO, will be advanced to the Agency for administrative expenses incurred during Project execution which shall include,'b~t'not be limited to, general, legal, and fiscal servi.ces and the negotiation of davelopment agreements with (WIner-participants and developers; (2~ it is also , - intended that the City will advance certain funds to the Agency for acquisition of property for public uses estimated at a cost of $375,000; (3) the City will also advance certain funds for the con- struction of street improvements estimated at $525;000; (4) the City will further advance certain funds for a community park facility at an estimated cost of $l20~000. .' -2- . Resolution Number , ~ B. Aqency Administrative Fund and Redevelopment Revolvinq Fund II Advances or grants to be made by the City to the Agency shall be paid through a redevelopment revolving fund or through an Agency administrative fund, as appropriate, to be established by the City as authorized by the Community Redeveropment Law. Loans and advances to the Agency by the City of Seal Beach will generally be repaid on the following terms and conditions: (l) Simple interest shal~ accrue until paid at the rate of five per cent (5%) per annum from the time the funds are paid to the Agency. (2) The funds, as well as accrued interest, shall be repaid by the Agency from tax increments accruing to the Agency for the project pursuant to Seqtions 33670-33674 II of the Community Redevelopment Law and Section 19, Article Xlll of the California constitution, or from any other funds which may become ~egally available to the Agency for repayment to the City. (3) Repayment need not be made by the Agency untill all other debts whfch may be incurred by the Agency for project improvements, including the future pledge of tax increments for bonds issued to finance project improvements, have ~ been satisfied or adequate provision made for the repayment of such other Agency indebtedness. (4) Loans and advances by the City shall be on such I. additional terms and conditions as the City Council may approve in authorizing the appropriations to the Agency, subject to Agency's approval ,of such terms ~n~ conditions. (5) If,n~'funds become available for such purP9ses, ~hen , , the money',lQcined, and' accrued interest need not' be repaid. '. " -3- I I I, . Resolution Number , ~. lll. STREETS AND PUBLIC UTILITIES The city agrees to cooperate with the Agency in any opening, construction, and improvement of public streets within th", project area including the extension of First Street as shown in the Plan. Any land acquired by the Agency for streets, sidewalks, and other public ways shall be conveyed in fee to the City. The city agrees that it shall maintain in good repair, or cause to be maintained, all streets, sidewalks, storm sewers, water mains, and other public improvements constructed by either the City or the Agency. Public improvements in the project area shall be installed and constructed by the City at the expense of the Agency. lV. SERVICES PERFORMED BY THE CITY FOR AGENCY A, Aid and Assistance The city, its officers and employees, shall perform services for the Agency in carrying out the work of redevelopment. The Agency is presently operating without a separate staff. It is hereby agreed that the City's officers and employees shall perform the 'a&ninistrative work of the Agency as requested by the Executive Director of the Agency at the expense of the Agency. When and ,to the extent requested by the Agency, the City will ~- aid and cooperate in the planning, undertaking, construction, and operation of the Riverfront Redevelopment Project. Throughout the performance of'services for the Agency, City departments and offices shall confer with and shall keep the Agency fully informed of their activities and the status of the work being performed, B. Compensation~ the Aqency for Services Rendered Th~ City :shaii:i~em~ze ~ny exp~nditures made by it on behal~ 'of , the Agency and shall bill such expend~tures to the Agency: " .' '. -4- " Resolution Number , ~ I The Agency agrees to reimburse the City for services rendered the Agency and for costs incurred by the City on the hgency's behalf in such amounts and at such times as the city and the Agency deem appropriate, which anlounts may include the paym~nt of a proportionate share of the salaries of city officers and employees where.such orficers,and employees are also performing services for' the Agency. No city officer or employee shall be paid extra compensation for work performed for the Agency unless s~ch compensation is expressly authorized and provided for by the City Council. THIS AGREEMENT is hereby entered into on the date first herein I ment mentioned. ~TY o~ BEACH ~ s.-'7''J_''~ By THE GENCY OF THE CITY OF SEAL BEACH o - 1 " -5- " ',' : " I I I '. -~ . . . .. Resolution Number - ,- .. , " -, COOPERATION AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND THE REDEVELoPMENT AGENCY OF THE CITY OF SEAL BEACH This Agreement is entered into this day of March, 1969, by and between THE CITY OF SEAL BEACH, CALIFORNIA(hereinafter re- ferred to as the "City") and the REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH, CALIFORNIA (hereinafter referred to as the "Agency"). The City and the Agency hereby agree as follows: I. GENERAL A. Ordinance Pursuant, to the California Community Redevelopment Law (Cali- fornia Health and Safety Code, Section 33000 et seq.) the City Council on February 20, 1967 by Or~inance No. 708 declared that there was a need for a redevelopment agency to function in~the City. B. Desi~nation of A~encv The City Council by said Ordinance also designated itself to be the Agency pursuant to'Section 33200 of said law. C. Separate A~ency The Agency is and shall remain as a separate public body, cor- porate and politic, exercising governmental functions and performing a public function of the City~ D, ' Riverfront Redevelopment project . , The Agency is undertaking a redevelopment project known as the " Riverfront Redevelopment Project ,(herein referred to as the Project) in accordance with the California Community Redevelopment Law. On February 20, 1969 the City Council by Ordinance No. 780 approved and adopted a Redevelopment Plan for said Project (herein referred to as the Plan). The Plan provides that the City will advance fundil,'to/ the Agency in the form of loans for survey and p~anning activities, for operat~ ing capital, and for the construction of various public facilities, EXHIBIT "A" ~. ~. '... \1 ~ , ' I I I . .. . ...... , ,'~ - I,' Resolutibn Number . .. a_ ., " and will also make certain expenditures to assist the Agency in carrying out the Project. II. CITY ADVANCES A. Amount of Advances The City will, to the extent that funds 'are legally available to the City, ,advance as loans or make grants to the Agency for 'the Project in the following amounts: Approximately $15,000 will be appropria~ed by the City for survey and p1anning,purposes and administrative expenses incurred until ~he effective date,of the Ordinance adopting the Plan. A~ additional am9unt, estimate~ at , , $130,000, will be advanced to the Agency for administrative ex- penses incurred during proj ect execution which shall include but', ,not be limited to general, legal, and fiscal services and the, negotiation of development agreements with, owner-participants and dev~lopers. It is also intended that the City ~i11 advance certain fUnds to the Agency for acquisition of property for public uses estimated at a cost of $375,000; for the construction of street im- , , provements estimated at $525,000; and for a community park fac~lity - , at an estimated cost of $120,000. B. A~encv Administrative Fund and Redevelopment Revo1vin~ Fund Advances or grants to be made by the City to the Agency shall ' be paid through a redevelopment revolving fund or through an Agency administrative fund, as appropriate, to be established by,the City , , , , as ,authorized by the Community Redevelopment Law. Advances of funds by the City shall be on such terms and conditions as the City Council , may provide in authorizing the appropriations to the Agency, subject to Agency approval of such, terms ,and,con~itions. . , '- C. Repayment of Advances by the A~encv " Advances made to the Agency,by the crt~ or Seal Beach as 1pans will generally be repaid as follows: , . '. . (1) Simple interest ~ha1i accrue'ufiti1 p~id'at the rate of five percent (5%) per annum from the time the funds are paid to the Agency. "-2- I I I, .' .. .... .'". J Resolution'Numb~r .' i' ": .. .,: .....,. i" , ;. ., .. ,'t _ of, ".. ~ " .. " '. " " (2) The funds, as'we11 as accrued interest, shall be repaid 'by the Agency from tax incremen1;s accruing to the Agency for' the Project pursuant to Sections 33670-33674 of the Community, Redev~lopment Law and Section 19, Article XIII bf,the California Constitution, or from any other funds which may become legally available to th~ Agency' for repayment to the City, " (3) Repayment need not be made by the Agency until all other debts which may be incurred by the AgencY for project improvements, including the future pledge of tax incre- ments for bonds ~ssued to finance project improvements, have been satisfied ,or adequate provision made for the repayment of such other Agency indebtedness. (4) If no funds become available for such purposes then the money loaned and accrued interest need not be repaid. III. ST~ETS AND PUBLIC trrILITIES The City agrees 'to cooperate with the Agency in a~y opening, construction, ~nd improvement of public streets ,within the Project area including the extension of First Street as shown in the-Plan. ,Any land acquired by the Agency for streets, sidewalks, and, other' public ways shall be dedicated for street purposes a~d ,conveyed to the Cit~. The City agrees that it shall maintain in good repair, or cause t~ be maintained, all streets, sidewalks, storm sewers, water mains, and other public imp~ovements constructed. by either the Ci~y or the Agency. .' Wherever possible it is:,t~e i~te~tion of the parties that . . , , street improvement. work and the installation of ~ub1ic utilities in the,projec~ area ~e performed by the City rather than the Agency. , '. -3~ . ,I ',I I . Resoldt1on' NUmber ~" ..' ~ .. ~ ~ '. .. ..' ~. ~ " '010 ". t...... .. ~..a._ '. '. IV. SERVICES PERFORMED BY THE CITY FOR AGENC'f A. Aid and Assistance . , ' The City. :lts officers" and employees, shall perform services for the, Agency in'carrying out the work of redevelopment. The Agency is presently operating without'a separate staff. It ~s hereby agreed that the Cityrs officers and employees shall, perform the day-to-day administrative work of the Agency as requested by the Executive Director of the Agency, When and to the extent requested by the Agency, the City will aid and cooperate in the planning, undertaking, const~ction, and operat~on of the Riverfront Redeve1opme~t Project. Throughout the performance of services for the Agency, City departments and offices shall confer with and shall keep the Agency fully informed of their , activities and the status of the work being performed. B. Compensation bv the A~ency for Services Rendered The City shall itemize any expenditures made by it on behalf of the Agency and shall report such expenditures to the Agency upon request. The Agency agrees to reimburse the City for services rendered the, Agency and for costs incurred by the City on the Age~cy's behalf in such amounts and at such times as the City apd the Agency deem appropriate, which,amounts may include the payment of a proportionate share of the salaries of City officer~ and employees where such officers and emp10yees,are also performing services for the Agency, No City officer, or employee shall be pai~ extra compensation for work performed for the Agency unless such compensation is ex- pressly authorized and provided for by the City Council. CITY OF SEAL BEACH By REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH ,. , By , ' " ' -.".-