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C10-04 - BCVR&P DISTRICT, REDEVELOPMENT AGENCY & CITY DISBURSMENT OF RDA FUNDSAGREEMENT BY AND BETWEEN THE CITY OF BEAUMONT, THE BEAUMONT REDEVELOPMENT AGENCY, & THE BEAUMONT- CHERRY VALLEY RECREATION & PARK DISTRICT REGARDING DISBURSEMENT OF REDEVELOPM NT FUNDS THIS AGREEMENT is made and effective as of the 1 day of March, 2010, by and between the CITY OF BEAUMONT ( "CITY "), the BEAUMONT REDEVELOPMENT AGENCY ( "AGENCY ") and the BEAUMONT- CHERRY VALLEY RECREATION AND PARKS DISTRICT ( "DISTRICT "). RECITALS WHEREAS, the Agency is a redevelopment agency existing pursuant to the provisions of the Community Redevelopment Law (Cal. Health & Safety Code Section 33000, et sea.) which has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to the action of the City; and WHEREAS, the City Council of the City of Beaumont, California (the "City Council "), along with the Agency have caused the adoption of a Redevelopment Plan for the Beaumont Redevelopment Project area, as amended (the "Redevelopment Plan "); and WHEREAS, the Redevelopment Plan provides for tax increment to be used by the Agency to eliminate physical and economic blight in the Beaumont Redevelopment Project Area (the "Project Area "); and WHEREAS, District facilities are located within and outside of the Project Area and are used by residents of the Project Area including those who reside in certain low- and moderate - income areas; and WHEREAS, on or about March 2010, the Agency passed Resolution RDA 2010 - Occ , approving use of Redevelopment Tax Increment and Special Funds ( "Redevelopment Funds ") for upgrades and improvements to District facilities; and WHEREAS, the District has proposed a list of public park and recreation capital improvement projects of District facilities ( "Eligible Projects ") to be the recipient of said Redevelopment Funds; and WHEREAS, after study, the parties have determined that the Eligible Projects will confer a substantial benefit on the residents of the City, the Agency and residents within the Project Area; and, in recognition of that benefit, the City and Agency have approved use of the Redevelopment Funds, to the extent available, by the District towards the cost of implementing such Eligible Projects; and WHEREAS, it is the purpose of this Agreement to set forth the terms and conditions by which the City and Agency shall disburse the Redevelopment Funds to the District. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants contained herein, the City and District agree as follows: 1. Provision of Redevelopment Funds. The City and Agency hereby agree to approve and provide the Redevelopment Funds to the District for the implementation of the Eligible Projects as listed in Section 2, to the extent such the Redevelopment Funds are held by the City. The District shall be the sole recipient of said funding. To the extent such available Redevelopment Funds are insufficient to satisfy the District's invoice, the City may advance funds for use by the District in anticipation of additional Redevelopment Funds forthcoming from the Agency. The City agrees to provide the District a statement indicating the amount of available Redevelopment Funds on a quarterly basis in order to allow the District to plan project phases in accordance with available funds. 2. Eligible Projects. The projects and the estimated total project costs are summarized on Exhibit "A," attached and incorporated by reference, and are hereby deemed to be "Eligible Projects." 3. District Authority Over Eligible Proiects. The District shall have the sole authority over the Eligible Projects. The District's responsibilities shall include, but are not limited to, the governance and administration of the project, obtaining estimates and bids, and the awarding of contract for the construction of the project. Neither the City nor the Agency shall have any authority or responsibility regarding the governance or administration of the Eligible Projects other than the provision of funding as set forth herein. 4. Disbursement of Redevelopment Funds Upon Provision Of Invoice. Unless otherwise provided for by mutual agreement of the parties, disbursement of Redevelopment Funds shall be made by the City within 30 business days after the District submits to the City a written invoice describing in reasonable detail and to the extent applicable: (i) the name of the Eligible Project, (ii) the work performed, (iii) the identity of the entities that performed such work, (iv) the materials consumed or used, and (v) the amount owed. The District shall have the sole authority to determine whether the invoice amount and accompanying descriptions are appropriate to the Eligible Project at issue. 5. Written Reports. The District shall keep the City informed as to the progress of each Eligible Project funded hereunder, by means of regular and frequent consultations and, from time -to -time and when requested by the City, by means of written status reports. 6. Insurance Coverage. The District hereby agrees to be solely responsible for any and all losses, injuries, damages, claims, lawsuits or any other costs arising out of or in any way related to the performance of this Agreement and the implementation of the Eligible Projects identified herein. Therefore, the District hereby covenants and agrees to obtain a comprehensive R VPLJRVORTIZ \76925 5.1 general liability insurance policy in an amount of not less than $2,000,000.00 per occurrence for all coverage. In addition, the District shall ensure that each of its contractors and subcontractors obtain comprehensive general liability insurance policies in an amount of not less than $2,000,000.00 per occurrence. Evidence of all insurance coverage shall be provided to the City upon request. All such policies shall be issued by a highly -rated insurer licensed to do business in California, and they shall provide that they shall not be cancelled or amended without 30 days' prior written notice. Self- insurance does not comply with these insurance specifications. 7. Indemnification. The District agrees that the City, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the City. To the full extent permitted by law, the District shall defend, indemnify and hold harmless the City, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, actual attorneys' fees incurred by the City, court costs, interest, defense costs, including expert witness fees or any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part, to the performance of this Agreement. The District's obligation to defend, indemnify and hold harmless shall include any and all claims, suits and proceedings in which the District (and/or the District's contractors, subcontractors, agents and /or employees) is alleged to be an employee of the City. All obligations under this provision are to be paid by the District as they are incurred by the City. 8. Compliance with Law. The District shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and /or permits applicable to, or governing, the work to be performed hereunder, including, without limitation, complying with prevailing wage rate requirements. The District shall be solely responsible for obtaining all permits, licenses and approvals necessary or applicable to the performance of the work under this Agreement, including compliance with the California Environmental Quality Act ( "CEQA "). The District shall be solely responsible for ensuring compliance with the Employment Eligibility Verification information in compliance with the Immigration Reform and Control Act of 1986, Public Law 99 -603 (8 U.S.C. 1324a), and shall ensure that all laborers are eligible to work in the United States. RVPUBUORTIZ \769255.1 9. Changes and Deletions. In the event the District intends to change any Eligible Project plan, or delete any component(s) thereof, the District shall first notify the City of any such proposed change, modification or deletion before implementation. 10. Merger of Prior Agreements; Amendment. This Agreement supersedes any and all previous agreements, whether oral or written, between the parties with respect to the matters contained in this Agreement. This Agreement may be modified but shall only be effective if the modification is in writing and signed by both parties. 11. Binding Arbitration. Any dispute which may arise by and between the City and the District, shall be submitted to binding arbitration. Arbitration shall be conducted by the Judicial Arbitration and Mediation Services, Inc. /Endispute, in accordance with its construction industry rules in effect at the time of the commencement of the arbitration proceeding, and as set forth in this Paragraph. Arbitration shall be conducted before a panel of three arbitrators, unless the parties agree in writing to submit the matter before a single arbitrator. The arbitrators must decide each and every dispute in accordance with the laws of the State of California, and all other applicable laws. The arbitrators' decision and award are subject to judicial review for errors of fact or law in accordance with Section 1296 of the Code of Civil Procedure, by a Superior Court of competent venue and jurisdiction. Discovery may be conducted in the arbitration proceeding pursuant to Section 1283.05 of the Code of Civil Procedure. Unless the parties stipulate to the contrary, prior to the appointment of the arbitrators, all disputes shall first be submitted to non - binding mediation, conducted by either the American Arbitration Association or Judicial Arbitration and Mediation Services, Inc. /Endispute, in accordance with their respective rules and procedures for such mediation. In any arbitration or litigation arising out of this Agreement, or the performance of any obligation under this Agreement, the arbitrators or the court in such arbitration or litigation shall award costs and expenses of arbitration or litigation, including mediation and arbitration fees and expenses, expert witness fees and attorneys' fees, to the prevailing party. IN WITNESS WHEREOF, the parties have made and executed this Agreement as of the day and year first above written. [SIGNATURES ON FOLLOWING PAGE] RVPUBUORTIZ \769255.1 CITY OF BEAUMONT By Mayor BEAUMONT REDEVELOPMENT AGENCY By Chairman BEAUMONT- CHERRY VALLEY RECREATION AND PARKS DISTRICT By Chairman, Board of Directors RVPUBVORTM769255.1 Exhibit "A" List of Projects and Estimated Total Project Costs R V P UBV ORTiZ \7692 5 5.1 2010 Redevelopment Projecte Noble Creek Connmunity Park Priority Facilities Description Units Unit Cost Estimates! Cast 1 12'X 32' ADA Modular Restroom 1 $19,900 Refurbish interior 1 $2,500 Landscaping 1 $2,000 Site Work 1 $35,000 Includes: stem wall, water, sewer, electrical, retaining wall, ADA access, F"V�i:T "•",�' � � is k rv^+ i_ 1 �I �A �$ �F�� y 1 i �7 i .Y ` °- t .u-e f i i "d&` E d r4'r '� ra .. � 'TM � up . �' v wI Ju ©Aemove and replace Infield Clay a vh. �, ag } Y SM I Safety Netting 6 400 tons 2 Redi -Rock Blocks 66 1 $1402 1 $9,240 F"V�i:T "•",�' � � is k rv^+ i_ 1 �I �A �$ �F�� y 1 i �7 i .Y ` °- t .u-e f i i "d&` E d r4'r '� ra .. � 'TM � up . �' v wI Ju ©Aemove and replace ij� bf 3/8/2010 4:31 PM S:\BCV Parks Documents \Redevelopment Projects\2010 Redevelopment Projects Infield Clay a vh. �, ag } Y SM I Safety Netting 6 400 tons IiME� $11,200 Field Amendments � /1, $20 ij� bf 3/8/2010 4:31 PM S:\BCV Parks Documents \Redevelopment Projects\2010 Redevelopment Projects Infield Clay w +vv "�. 6 400 tons $28 $11,200 Field Amendments 80 $20 $1,600 Grading & Compacting 1 $10,000 Infield Conditioner 80 $15 $1,200 Delivery 500 $312 $6,240 Equipment Rental 6 $225 $1,350 Vehicular Driveway 100 tons $12 $1,200 ij� bf 3/8/2010 4:31 PM S:\BCV Parks Documents \Redevelopment Projects\2010 Redevelopment Projects Letter of Transmittal a 'eJ ►;i To: City of Beaumont Attn: Shelby Hanvey 550 E. 6`h Street Beaumont, Ca. 92223 Date: March 18, 2010 From: Denise Ward Beaumont Cherry Valley Recreation 8 Park District P.O. Box 490 Beaumont, CA. 92223 Re: Agreement Regarding Disbursement of Redevelopment Funds Shelby: Enclosed please find two (2) signed above referenced agreements. Upon approval, please return one (1) executed agreement to us for our records. If you have any questions or should you need further information please call me at 9 -9555 ext. 222. Denise Ward Accounting CITY OF BEAUMONT PROJECT PROGRESS REPORT CAPITAL IMPROVEMENT PLAN Source of Redevelopment Agency Funds Project Name: BCVRPD Improvement Agreement — Funds: Phase 7 Contract March 2010 Contractors: TBD Date: Const. Budget: $200,000 A &E Budget: As per Qualified Contractors Project Start Date: March 2010 Agreement and CIP Report Period: January 2010 — March 2010 Work Completed During Report Period: Prepared funding agreement. Problems or Delays During Report Period: No problems of delays. Change Orders: No change orders. Recommendation(s) for City Council Action: Approve and authorize staff and qualified contractors to complete the project. Approved and authori d Ma Signature Date of City Council Approval March 25, 2010 C it of Beaunimit CIO 611 550 E. (4l r Sn er r B'P17 11111011t, (A 9222 (951) 7694520 FAX (951) 7v9 -S52(, Entail: (-itj41allc)ci.17Can111011V(W,II WI1V t:Ci,hCanntonr,<<i.n` Denise Ward Beaumont Cherry Valley Recreation & Parks District P.O. Box 490 Beaumont, CA 92223 RE: Agreement Regarding Disbursement of Redevelopment Funds Dear Mrs. Ward, Enclosed please find one (1) original executed copy of the above referenced agreement for your files. Please contact us at your convenience if you have any questions. Sincgrely, I,CcLl;�" Sfi I y Han y Administrator Deputy City` 1, Beaumont Redevelopment Agency BCVRPD Projects Project Name: Budget Restrooms 59,400 Slope Erosion 9,240 Horse Arena 20,000 Safety Netting/Fencing 55,000 Kitchen Remodel 23,570 Ball Field Clay 32,790 M Oak Valley Pkwy Landscaping 115,000 M Ball Field Lighting 38,000 Requested by: --. CVRPD Date: J A9 10 Fiscal Approval: lll,(, l Finance Director Date: 3. Approved: �� City Manager Date: 0 -519, Aa Amount Previously Approved C i0 -ol( Amount Spent to Date Minutes Beaumont City Council Beaumont Redevelopment Agency Beaumont Financing Authority Beaumont Utility Authority 550 E. 6th Street, Beaumont, California Regular Session (6:00 p.m.) Tuesday, March 16, 2010 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk's office at 550 E. a Street during normal business hours" REGULAR SESSION Call to Order: 6:00 p.m. Roll Call: Mayor DeForge, Council Members Dressel, Fox and Gall. Council Member Berg was excused. Invocation: Mayor DeForge Pledge of Allegiance: Mayor DeForge Presentation: Presentation from Cal Heat Baseball Team Proclamation - Welcome Back Home Vietnam Veterans Day Riverside Land Conservancy - Jack Easton UCR Partnership Council Member Berg arrived at 6:11 p.m. Adjustments to Agenda: Staff recommends that Item 3.q be pulled from the agenda Oral and Written Communications: a) Judy Bingham - Comments in regards to funding requests from Riverside County Flood Control for Noble Creek Improvements. Comments regarding going to public bid for the Brookside Box Culvert Crossing. b) Michael Dahl Sr. - Thank Council Member Fox and the City of Beaumont for the Memorial in front of the Civic Center and being able to use the City Facilities - Presenting a Flag to the City on behalf of his son. c) Don - Men's Health Cruise and Car Show highland Spring Medical Plaza April 11, 2010 8:00 a.m. - 3:00 p.m. d) BYB Kids & Mickey Valdivia - Thank the City for improvements at Noble Creek Park e) Buddy Dahl - Thank the City of Beaumont for everything they have done for the family 1. COUNCIL REPORTS (This is the portion of the agenda where the city council will present updates on city actions taken, committee assignments, and training and travel) a) Mayor DeForge - Anytime Fitness Grand Opening b) Mayor Pro Tern Berg - RCTC Update, Recognize the PD for the presence in the community, thank the Building Department for their dedication to the City, the Planning Staff, and our employees are doing a good job. Also, thank Mickey for bringing kids in. C) Council Member Dressel - Thank Council Member Fox for his work with DC, d) Council Member Fox - Update on Washington D.C. Meeting for Appropriation Funds, e) Council Member Gall - Welcome Home Vietnam Veterans Event at 4 Seasons 1. CITY MANAGER REPORTS a. Community Information and Local Project Update 1) Core Value # 5 — Operate like a great business a) Handicapped Access Improvements to City Property (4"' Street) b) Financial Update 1) Sales Tax Update 2) Monthly Financial Update 2) Transportation & Road Improvement Update 3) Sustainability Update a) 2010 Census Update b) Erica Update b. Calendar of Events 1) March 18, 2010 — Beaumont Community Youth Basketball Tour 7pm Beaumont High School — Mayor will tip off the game 2) March 26, 2010 — Redlands Bike Classic — Beaumont Circuit 3) March 27, 2010 — Welcome Home Vietnam Veteran's Day — 4 Season's 11 am- 1:30p.m. 4) April 17 —18, 2010 Baker to Vegas Run May 22, 2010 — Miss Beaumont Queen's Pageant 5) May 29, 2010 — Breezin' through Beaumont 5k run 6) Concerts in the Park Series 7) Second and Third Wednesday of Each Month — Story Time Caf& April C. Rumor Control, and Report on Oral and Written Communications 1) Fencing at WWTP Information 2) Young Leadership Grant Update 3) Billboard Update 4) Altura Roofing Update 3. CONSENT CALENDAR a. Approval of all Ordinances and Resolutions to be read by title only and publish by summary. b. Approval of the Minutes of the City Council Meeting February 16, 2010 C. Approval of the Warrant List for March 16, 2010 d. Exoneration and Acceptance of Improvements for Bond No. 4109002222 — Tract 29404 — Street Improvements — Neil Baker Ent. e. Exoneration and Acceptance of Improvements for Bond No. 726257S -M for Tract No. 32260 — Highland Springs Avenue Box Culvert Extension. f. Exoneration and Acceptance of Improvements for Bond No. K0820388A — Home Depot — On Site Improvements g. Exoneration and Acceptance of Improvements for Bond No. SU6001922 A for Tract No. 30332 -5 Street & Sewer Improvements — William Lyon Homes h. Exoneration and Acceptance of Improvements for Bond No. SU5000616 -A for Tract No. 30332 -10 Street & Sewer Improvements —William Lyons Homes i. Exoneration and Acceptance of Improvements for Bond No. 8734466 -M No. 32210 -1 — Potrero Blvd. Street, Sewer and Storm Drain Improvements — K. Hovnanian — 4 Seasons j. Adopt Resolution No. 2010 -03 — A Resolution of the City Council of the City of Beaumont Approving the Application Requesting Funds from the 09/10 Public Transportation Modernization, Improvement and Service Enhancement Account (PTMiSEA) for Passenger Amenities. (Annual Grant Application) k. Adopt Resolution No. 2010 -04, Resolution No. RDA 2010 -02, and Resolution No. BUA 2010 -01 — Amending and Approving the Capital Improvement Plan for the 2010 -2011 Fiscal Year. I. Approve Plans and Specifications and Authorize Public Bids for the Sidewalk Improvement Project. M. Authorize preparation and Submittal of Applications for Grant Funds for the San Timoteo Management Zone Water Quality Mitigation Project. n. Award Contract to Construct the San Timoteo Groundwater Monitoring Wells. o. Denial of Claim — Martin and Susan Wells p. Denial of Claim — Vladimir Miranda q. Award of Contract for Seismic Retrofit of Police Administration Building to Metro Builders, the lowest responsible bidder subject to final review and approval by the City Attorney. r. Approval of Communications Site License Agreements with Southern California Edison and Royal Street Communications for two wireless communications antennas. (1400 block of Palm Avenue & 1575 Oak View Drive) Recommendation: Approval of the Consent Calendar as presented. Speakers: Judy Bingham - Item 3.k, 3.m - Opposed Motion by Council Member Berg, Seconded by Council Member Fox to approve the Consent Calendar with the exception of Item 3.q which has been pulled. Vote: 411 (Council Member Gall voted no) 4. ACTION ITEMSIPUBLIC HEARINGIREQUESTS a. Ordinance No. 966 - An Interim Urgency Ordinance of the City Council of the City of Beaumont Enacted Pursuant to Government Code Section 65858 to Extend Interim Urgency Ordinance No. 954 for One (1) Year and Continue for this Period the Temporary Moratorium on the Approval of the Collective Cultivation and/or Distribution and Prohibition of Medical Marijuana within the City to Allow the City Council time to Study and Consider Enactment of Development Standards. Recommendation: 1) Hold a Public Hearing; 2) Adopt Ordinance No. 966 at its 1st reading. Staff report was given by Joe Aklufi, City Attorney Open Public Hearing 8:09 p.m. Art Moreno - business owner - Opposed Closed Public Hearing 8:14 p.m. Motion by Council Member Berg, Seconded by Council Member Fox to approve Ordinance No. 966 as presented. Vote: 4/1 (Council Member Gall voted no) b. Plot Plan No. 10 -PP -01, Zone Change No. 10 -RZ -01 (Ord. 965) and Negative Declaration No. 10 -ND-01, Proposed Affordable Senior Apartment Complex Located Southeast of the Intersection of Xenia Avenue and East Eight Street. Applicant: Andrew G. Wood Recommendation: Hold a Public Hearing and 1) Adopt Negative Declaration No. 10 -ND- 01; 2) Approval of the Re- Zoning of the property to Residential Overlay Bonus (ROB); 3) approval of Plot Plan No. 10- PP -01; 4) Approval of the Waiver of all eligible City Impact Fees related to the project; 5) Approval of the grant of sewer connections and Authorization to expend $5,000 per property from the Redevelopment Agency Funds to connect the properties to the project's sewer pipeline and abandon old septic tanks. Staff report was given by Rebecca Deming, Assistant Director of Planning Open Public Hearing 8:35 pm. Judy Bingham - Opposed - Her business on 6th Street is not on sewer. Will the developer pay for her connection? Ramiro Cabrera — In Favor - Affected property owner - in favor Close Public Hearing 8:42 p.m. Motion by Council Member Dressel, Seconded by Council Member Berg to approve as presented. Vote: 5/0 c. Funding Agreement for the Women's Club Renovation and Noble Creek Park Improvements Recommendation: Approval and Authorization for the mayor to execute the Project Progress Report and the Funding Agreement with Beaumont Cherry Valley Recreation and Parks District, subject to the authority of the City Attorney to make non - substantive changes. Staff report was given by Alan Kapanicas, City Manager Melony Flores - In Favor Jerry Cody - In Favor Motion by Council Member Fox, Seconded by Council Member Berg to approve the agreement with Noble Creek Recreation & Parks District. Vote: 5/0 d. Review of Planning Commission Approval for Conditional Use Permit No. 10- CUP-02, Request for Tattoo Parlor and Body Piercing Services "Monster Ink" Located at 271 E. 6th Street Applicant: Joseph Lucero Recommendation: Review and Direct Staff Staff report was given by Rebecca Deming, Assistant Director of Planning No action taken. Conditions of Approval remain at Planning Commission Approval. Adjournment of the City Council Meeting at 9:02 p.m. Resp I T L� Alan Ka City Manager Any Person with a disability who requires accommodations in order to participate in this meeting should telephone Shelby Hanvey at 951 - 769 -8520 ext. 323, at least 48 hours prior to the meeting in order to make a request for a disability- related modification or accommodation