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HomeMy WebLinkAboutCOMMUNITY REDEVELOPMENT AGENCY (42)w°� C REL: 5/18/92 D 0� r, kA, COOPERATION AGREEMENT FOR THE PROVISION OF PUBLICLY OWNED IMPROVEMENTS IN CONNECTION WITH THE REDEVELOPMENT PROJECT AREAS I .0 THIS AGREEMENT is entered into this 1 0 day of Jam/ C. -, 1992, by and between COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, a public body corporate and politic (the "''Agency""), and the CITY OF SANTA ANA, a municipal corporation (the "City") WITNESSETH Recitals: A. The Agency is undertaking certain activities necessary for the execution of the City of Santa Ana redevelopment projects (the "Projects") under the provisions of the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.) and pursuant to the redevelopment plans for the Projects. B. The Agency desires to contract with the City for the City to provide for the installation and construction in the project areas of the Projects of streets, alleys, sidewalks, sewers, storm drains, water mains, street lighting, traffic signals and other traffic control devices, medians, parking facilities, landscaping, and community facilities (collectively referred to hereinafter as "Publicly Owned Improvements") , and for the acquisition of land as necessary therefor, in connection with the Agency's activities in carrying out the Projects. C. The Agency is willing in connection with the provision of such Publicly Owned Improvements by the City, to pay all or part of 1 the value of the land for and/or the cost of the installation and construction of such Publicly Owned :Improvements. D. The City has initially paid or will initially pay for said Publicly Owned improvements on condition that the Agency contribute to the costs of said Publicly Owned Improvements. NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. SCOPE OF WORK The City has caused or shall cause the land to be acquired for, and has caused or shall cause to be designed, installed and constructed, the Publicly Owned Improvements in a satisfactory and proper manner pursuant to plans and specifications to be prepared by the City. 2. COMPENSATION AND METHOD OF PAYMENT The Agency shall pay the City the the cost incurred by the City for the improvement works set forth in Section 1. From the time the City incurs the cost of any particular improvement work subject to this Agreement to the time the Agency reimburses the City for that cost, the amount due to the City for such improvement work shall bear interest at the rate of the average City return on investment, as the same may change from time to time. Except as may be otherwise provided (1) by separate agreement between the City and the Agency, or (2) by budget appropriations or appropriation adjustments approved by the City and the Agency, the amount to be paid by the Agency hereunder shall be paid as follows; upon the expiration of the redevelopment plan for a redevelopment 2 project, the amount due with regard to that project shall be paid in annual installments thereafter to the extent tax increment from the subject project area is available for such purpose. The Agency recognizes and agrees that the commitments under this Agreement constitute an obligation to pay the City and, as such, create debt for which tax increment revenues may be allocated to the Agency. Said indebtedness shall be considered as an indebtedness of the Agency as the same is intended for purposes of the filing of a statement of indebtedness with the County of Orange pursuant to Health and Safety Code Section 33675. 3. SUBORDINATION OF CITY INDEBTEDNESS The indebtedness of the Agency to the City created by this Agreement is subordinate to any pledge of tax increments to the bondholders of any tax increment bonds which are or may be issued by the Agency and to any obligations of the Agency incurred pursuant to any agreement entered into with any person or entity other than the City. The City and Agency hereby agree to execute any and all ancillary documents as may reasonably be requested by any bondholder or other purchaser of bonds, notes or other forms of indebtedness of the Agency or any other person entitled to receive the tax increment revenues of the Project area for the repayment of any other indebtedness of the Agency for which the tax increment revenues of the Project area have been or may hereafter be pledged or promised. 4. FINDINGS By their approval, of this Agreement, the City Council of the 3 City and the governing board of the Agency find and determine as follows: A. That the Publicly Owned Improvements are of benefit to the project areas in which they are located or their immediate neighborhood, in that new development in the project areas is dependent upon the provision of adequate infrastructure and community facilities. B. That no other reasonable means of financing the Publicly Owned Improvements are available to the City for the following reasons: General revenues of the City are subject to spending limits imposed by California Constitution Article XIIIB, which permits only small increases in the amount of general revenue. It would be impractical to delay installa- tion of the public facilities needed for redevelopment until sufficient funds could be amassed. General obligation bonds require voter approval, and are frequently rejected, so that potential source of revenue cannot be counted on. Developer fees are available for certain infrastructure, but those funds are used to provide improvements specifically required for a particular development. Federal and state grants and loans cannot be relied upon in planning for the construction of public facilities. The only practical and reasonable means of. paying for the needed public facilities is the use of tax increment revenues and the proceeds of tax allocation bonds available to the Agency for the redevelopment of the project area. 4 5. 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 public 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, agents 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. EFFECTIVE DATE OF AGREEMENT This Agreement shall take effect from and after the date of adoption and approval by the City and the Agency pursuant to official action of the governing bodies thereof and shall be effective for a duration not to exceed the time necessary to pay the City in full. This Agreement shall apply to all Publicly Owned Improvements heretofor or hereafter installed or constructed with City funds in the project areas of the Projects, and to land heretofor or hereafter acquired for such Publicly Owned 5 Improvements with City funds. All past expenditures by the Agency for Publicly Owned Improvements are hereby ratified as in accordance with the findings set forth in section 4 of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Amice C'. Guy Clerk I """- lerk of the Council ATTEST: Cynthia J. Nelson Executive Director Ed oo er ward�--J'� d.2-0) City Attorney Agency Legal Council by Dan ee H. Young Mayor COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA by Da�nhi,611 H. Young\j Chairman REQUEST FOR COUNCIL ACTION CITY COUNCIL June 1, 1992 MEETING DATE FISCAL YEAR 1992-93 BUDGET TITLE ADOPTION RECOMME14DED ACTION CLERK OF THE COUNCIL USE ONLY Approved ❑ Asfiecommended JUN 15 1992 ❑ Minutes �UN �. � � g�;d in ane on 1st Readng Ord inance on 2nd Reading JUL 6 ❑ implementing Resolution ❑ Set Public Hearing For Co Jn�rnd � ,�gg� � �J Adopt an Ordinance appropriating monies for the fiscal year commencing July 1, 1992. DISCUSSION The annual budget establishes the foundation for City services.and programs. The 1992--93 fiscal year budget will enable the City to continue its progress in fulfilling its purpose of providing a safe, attractive, and well -maintained community through quality services and programs. In light of this purpose, this budget emphasizes public safety, stringent land use standards, effective code enforcement, and an aggressive infrastructure program as its external priorities; while quality customer service, sound internal systems and increasing the diversity of the workforce serve as internal priorities. Given these objectives, the total annual proposed budget for Fiscal Year 1992-93 is $266,342,60.8. The General Fund budget, which is included in that figure, totals $133,798,370. All of the programs, activities and projects that the City engages in today, form the foundation for the Santa Ana of the future. By directing our resources toward neighborhood improvement, problem - oriented policing and an ambitious public facilities program, we will be able to eliminate the disorder which diminishes the quality of life in our community. By promoting a strong public safety program, an aggressive infrastructure improvement plan, sound internal systems, and high development standards with stringent code enforcement, the future of Santa Ana is strong and vibrant. aoa 75A FISCAL YEAR 1992-93 BUDGET ADOPTION June 1, 1992 Page Two The proposed fiscal year 1992-93 budget reflects the City Council's concern for directing the expenditure of City revenues in areas which directly benefit Santa Ana residents. The adoption of this ordinance will acknowledge the anticipated revenues, validate the mechanism by which the City receives loan repayments from the Redevelopment Agency, appropriate the operating expenditures and approve the Capital Improvement Program. As the approval of a balanced budget is mandated by State law, no alternative was considered. Therefore, it is recommended that the proposed budget be approved. FISCAL IMPACT With approval of the proposed budget, $266,342,608 will be appropriated to the City's various departments, programs and enterprise activities. Of that amount, $133,798,370 will be appropriated to the various General Fund operating departments, including the Police and Fire departments. ,� y F",� 6DA 304 ORDINANCE NO. NS-2163 AN ORDINANCE OF THE CITY OF SANTA ANA APPROPRIATING MONIES TO THE SEVERAL OFFICES, AGENCIES AND DEPARTMENTS OF THE CITY FOR THE FISCAL YEAR COMMENCING JULY 1, 1992. WHEREAS, the City Manager has prepared and submitted to this Council a proposed budget for expenditures for the fiscal year commencing July 1, 1992, pursuant to the provisions of Section 605 of the City Charter; and WHEREAS, in accordance with Section 606 of the City Charter, a public hearing was held upon the said proposed budget of expenditures after notice of such public hearing had been published in the manner prescribed in said Section 606 of the City Charter; and WHEREAS, the proposed budget of expenditures duly submitted and considered as hereinbefore stated, together with any supplemental revisions and amendments thereto, was approved, adopted and fixed by the Council as the annual budget of the City for the fiscal year commencing July 1, 1992, in the amounts and for the funds, purposes, functions, department activities and programs as therein set forth. Said adopted budget, including said supple- mental revisions and amendments, together with a copy of this appropriation ordinance, shall be placed in the official files of the Clerk of the Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: There are hereby appropriated to the several offices, agencies, and departments of the City, being the respective objects and purposes specified in that certain document entitled "City of Santa Ana Annual Budget 1992-1993," a copy of which is on file in the Office of the Clerk of the Council, out of the various funds of the City, for fiscal year 1992-1993, the several -amounts stated as proposed expenditures from said funds, respectively, in those columns of said Budget that are headed "Approved Budget 92-93." Each aggregate of expenditures so specified in said Budget for said fiscal year for each program shall be deemed to be an appropriation for a single object and purpose within the meaning of Section 609 of the Charter, except that as to any office, department, or agency of the City for -which more than one program is designated in Section 2 (General Fund Operating Budget) of the said Budget, the aggregate expenditure authorized for all programs in said Section 2 of each such office, I Ardinance NS-2163 Page 2 department, or agency shall be deemed to be an appropriation for a single object and purpose within the meaning of Charter section 609. SECTION 2: The appropriations hereby made shall constitute the maximum expenditures authorized fo•r the several offices, agencies, and departments opposite which the amounts of such appropriations are shown in such Budget. SECTION 3: No warrant shall be issued or indebtedness incurred for any purpose which exceeds the unexpended balance of the appropriations established by this ordinance, unless such appropriation shall have been amended or supplemented by the City Council in the manner set forth in Section 609 of the Charter. The City Manager is hereby authorized to make revisions between the items included within any such appropriation if, in his opinion, such revisions are necessary and proper. SECTION 4: The Executive Director of Finance and Management Services is hereby authorized to transfer monies in accordance with the Interfund Transfers listed in said Budget in such amounts and at such times during the fiscal year as he may determine necessary to the competent operation and control of City business, except that no such transfer shall be made in contravention of State Law or City Ordinance or exceed in total the amount stated herein or as amended by the City Council. SECTION 5: one certified copy of this appropriation ordinance together with a certified copy of each amendment thereto shall be transmitted by the Clerk of the Council to the Executive Director of Finance and Management Services. SECTION 6: Upon and from the effective date of this ordinance, expenditures of monies appropriated hereby are authorized beginning July 1, 1992. SECTION 7: The Clerk of the Council shall cause the title of this ordinance to be published as required by law. SECTION 8: All presently applicable documentation pertaining to the number, titles, qualifications, powers, duties, or compensation of officers or employees of the City, which has been previously approved by resolution or order of the City Council and which is currently on file with the Executive Director of Personnel Services is incorporated herein and is hereby approved. The City Manager is authorized to create, alter, or abolish any position of employment, or the number, title, qualifications, powers, duties, or compensation thereof, when such action is appropriate to promote the efficiency of the City administrative organization; provided, however, that no such action shall be effective unless and until approved by resolution or order of the City Council. 2 ORDINANCE NS-2163 'Page 3 SECTION 9: That certain "Cooperation Agreement for the Provision of Publicly owned Improvements in Connection with the Redevelopment Project Areas, " on file in the office of the Clerk of the Council, is hereby approved and the Mayor is authorized to execute the same on behalf of the City of Santa Ana and the Clerk of the Council to attest thereto. ADOPTED this 6th day of ATTEST: 41 nice C. Guy Clerk of the Council COUNCILMEMBERS: Young Pulido Acosta Griset McGuigan Norton Richardson Aye Aye plya -- Aye---- Abstained Naay- AyP , 1992. Da 1 Youn Mayor APPROVED AS TO FORM: Edward J.Co e City Attorney CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached ordinance IV,5-a/6 3 to be the original ordinance adopted by the City Council of the City of Santa Ana on %-( -F,2 ; and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Clerk of the Counc 1, Date City of Santa Ana