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HomeMy WebLinkAboutRES 99-82-- RESOLUTION NO. 99 - 8 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING PAYMENT BY THE AGENCY FOR THE COST OF STREET IMPROVEMENTS THE CITY COUNCIL OF THE CITY OF DIAMOND BAR HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. Pursuant to provisions of the Community Redevelopment Law (California Health and Safety Code Section 33000, et s . , and in particular Section 33445 thereof, the Diamond Bar Redevelopment Agency (the "Agency") proposes to pay for the cost of street improvements, including the slurry seal of streets located within the Gateway Corporate Center (the "Street Improvements"). The cost of the Street Improvements initially will be advanced by the City and will be reimbursed by the Agency pursuant to the Advance and Reimbursement Agreement by and between the Agency and the City of Diamond Bar attached hereto as Exhibit A (the "Agreement") . Section 2. The streets described in Section 1, above, serve the residents and taxpayers of the City, including the Diamond Bar Economic Revitalization Area (the "Project Area"). The Redevelopment Plan for the Project Area and the accompanying Report to City Council document, and the City Council has determined, that the Project Area is an area in which the combination of blighting conditions is so prevalent and so substantial that it causes a reduction of and lack of . proper utilization of the area to such an extent that it constitutes a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or governmental action, or both, without redevelopment. The Project Area suffers from deficiencies in the traffic circulation system, including safety hazards, a lack of adequate streetscape improvements, awkward alignment, varying street widths, complicated traffic patterns and congestion. Inadequate access to the Project Area and the lack of adequate streetscaping discourages visitors for patronizing businesses in the Project Area thereby hindering economic development opportunities and contributing to the existence of depreciated and stagnant property values, impaired investments, high business vacancies, and low lease rates in the Project Area. The installation and construction of the Street Improvements will assist in ameliorating the above-described traffic circulation deficiencies and assist in the elimination of blight within the Project Area which are caused by inadequate public improvements and adverse economic conditions. The provision of the Street Improvements will encourage business patronage and thereby assist in stimulating the revitalization of the Project Area through private sector activity in the Project Area. Section 3. Due to budget constraints of the City, the cost of the Street Improvements has been allocated to the Agency. Except for the moneys advanced by the City and to be reimbursed by the Agency pursuant to the Agreement, no moneys of the City are available to pay for such costs. The budget constraints of the City prevent the City from financing the Street Improvements by any means. Traditional methods of financing, such as the issuance of general obligation bonds by the City, are unavailable as a practical matter because of the extraordinary majority voter approval requirements of two-thirds of the electorate. Special taxes also require a two-thirds vote of the electorate. Assessment financing is subject to a majority protest and may not be an appropriate method of financing street improvements having general benefits. Section 4. The City Council hereby finds and determines that based upon the foregoing and other information presented to the City Council: (i) the Street Improvements will be of benefit to the Project Area and to the immediate neighborhood in which the project is located; (ii) no other reasonable means of financing the Street Improvements is available to the City; and (iii) the payment of funds for the Street Improvements will assist in the elimination of blighting conditions inside the Project Area by remedying the lack of adequate public improvements, which in turn will encourage private sector investment in the Project Area and thereby assist in remedying adverse economic blighting conditions in the Project Area such as depreciated and stagnant property values, impaired investments, high business vacancies, low lease rates, and is consistent with the Agency's implementation plan adopted pursuant to Health and Safety Code Section 33490. Section S. The Agreement attached hereto as Exhibit A is hereby approved. The Mayor is hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver the Agreement in substantially the form hereby approved, with such additions or changes as the City may approve, such approval to be conclusively evidenced by his execution and delivery thereof. Section 6. The City Council hereby authorizes and approves payment by the Agency for a part of the cost of the Street Improvements pursuant to the Agreement from any revenues of the Agency lawfully available therefor. PASSED, APPROVED and ADOPTED this 23rd day of November > 1999. C Wen Chang, Mayor i I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 23rd day of November , 1999 by the following vote: Attest: AYES: COUNCILMENIBERS: Ansari, Herrera, Huff, MPT/O' Connor, M/Chang NOES: COUNCILMEMBERS None ABSENT: COUNCILMEMBERS None ABSTAIN: COUNCILMEMBERS None Lynda Burgess, City Clerk 99-82 EXHIBIT A ADVANCE AND REIMBURSEMENT AGREEMENT- P4 THIS ADVANCE AND REPABURSEMENT AGREEMENT is entered into by and between the DIAMOND BAR REDEVELOPMENT AGENCY (the "Agency) and the CITY OF DIAMOND BAR (the "City"). RECITALS A. California Health and Safety Code Section 33445 provides that the Agency may pay for all or part of the cost of the installation and construction of certain facilities which are publicly owned. B. The Agency has undertaken a program for the redevelopment of blighted areas in the City. In that regard, the City and Agency desire to enter into this Agreement to provide for the advance by the City of part of the cost of the installation and construction of street improvements and the reimbursement of the City by the Agency. NOW, THEREFORE, the parties hereto agree as follows: Section 1. Definitions. The following terms shall have the following meaning, unless the context requires otherwise: "Agency" means the Diamond Bar Redevelopment Agency. "Agreement" means this Advance and Reimbursement Agreement. "City" means the City of Diamond Bar. "Improvements" means (i) slurry seal and inspection of the Gateway Corporate Center Streets; (ii) traffic signal at Valley Vista and Gateway; (iii) traffic signal at Grand and Golden Springs; (iv) traffic signal on Bridgegate; and (v) left turn signal improvements at Golden Springs/Lemon, Diamond Bar Blvd./Sunset Crossing, Pathfinder/Brea Canyon/Fern Hollow, Brea Canyon/Lycoming, Pathfinder/Evergreen Springs and Golden Springs/Baffena. "Project Area" means the territory included within the Diamond Bar Economic Revitalization Area. "Tax Revenues" means the taxes allocated to the Agency pursuant to California Health and Safety Code Section 33670 from the Project Area. Section 2. Design of the Improvements. In compliance with all applicable federal, state and local laws, rules and regulations, the Agency shall hire or engage a person(s) and/or entity(s) experienced in the design and construction of the Improvements to undertake the design of the improvements. Section 3. City Advance. Within a reasonable time after the execution of this Agreement, the City shall advance to the Agency the cost of the Improvements. The total payment by the City, which may consist of one or more advances, shall not exceed $90,706 with out an amendment of this Agreement. The parties agree that the advance of such cost by the City constitutes a loan by the City to the Agency. Section 4. Reimbursement by Agency. The Agency shall repay the City's advance in an amount not to exceed $90,706 without an amendment of this Agreement, upon demand of the City, from the proceeds of obligations of the Agency, or obligations of other public entities, secured by and payable from the Tax Revenues. At the option of the Agency, the Agency may repay the City for such advance by periodic payments over a period of years, or a combination of the foregoing. The Agency shall pay interest to the City at the average daily rate as determined by the Treasurer of the City, paid to the City on its funds invested in the Local Agency Investment Fund, from the date of each advance pursuant to Section 3 hereof to the date of repayment. The amount of any periodic payment shall not be less than the Tax Revenues available therefor after payment by the Agency of debt service and reserve requirements on all prior outstanding loans, moneys advanced to, or other indebtedness of the Agency (whether funded, refunded, assumed or otherwise) payable from the Tax Revenues. Any amounts paid shall first be credited to annual interest. Section 5. Nonliability of Officials and Employees. No Agency member, Council member, and no official, agent, or employee of the Agency or the City shall be personally liable to the other parties, or any successor in interest, in the event of any default or breach by the Agency or the City, or successor, or on any obligations under the terms of this Agreement. Section 6. Obligation to Refrain from Discrimination. The Agency and City covenant and agree for themselves, their successors and assigns that there shall be no discrimination against or segregation of any person, or group of persons, on account of race, color, creed, religion, marital status, sex, age, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Improvements nor shall the City or Agency, or any person claiming under or through them, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number use or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the Improvements. The City and the Agency shall refrain from restricting the rental, sale, or lease of the Improvements on the basis of race, color, creed, religion, marital status, age, sex, national origin, or ancestry of any person. All such deeds, leases or contracts for the sale, lease, sublease or other transfer of the Improvements shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: A. In deeds: "The grantee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, that there shall be no discrimination _ against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, age, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee itself or any persons claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees on the land herein conveyed. The foregoing covenants shall run with the land." B. In leases: "The lessee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, marital status, age, sex, national origin, or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the land herein leased nor shall the lessee itself, or any person claiming under or through it, establish or permit such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants, or vendees on the land herein leased." Section 7. Future Cooperation. The parties hereto agree to take all appropriate steps and execute any documents which may reasonably be necessary or convenient to implement the intent of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the 23rd _ day of November , 1999. ATTEST: L da Burgess, Sec etary DIAMOND BAR REDEVELOPMENT AGENCY By Eileen R. Ansari, Chainnan CITY OF DIAMOND BAR By Wen Chang, . yor ATTEST: Lynda Burgess, City Clerk