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CC - 1977-19 - Beautification of Garvey~ N RESOLUTION NO. 77- 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD MAKING CERTAIN FINDINGS AND DETER- MINATIONS WITH RESPECT TO THE INSTALLATION OF CERTAIN IMPROVEMENTS FOR THE BENEFIT AND BEAUTIFICATION OF GARVEY AVENUE AND SAN GABRIEL BOULEVARD AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE AGREEMENT FOR COOPERATION BETWEEN THE AGENCY AND THE CITY OF ROSEMEAD THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY RESOLVE THAT: WHEREAS, the City desires that there be constructed on San Gabriel Boulevard and Garvey Avenue certain improvements to improve the use and aesthetic quality of these two business thor- oughfares, and WHEREAS, the City further desires that these two business.. thoroughfares be improved to enhance the environment for commercial and business uses of convenience and benefit to the Rosemead Rede- velopment Project Area No. 1 and to the City as a whole. NOW, THEREFORE, BE IT RESOLVED by the Rosemead City Council that: Section 1. The City Council hereby finds and determines that the payment by the Rosemead Redevelopment Agency of the costs of improving Garvey Avenue and San Gabriel Boulevard, as set forth in the Amendment to the Cooperation Agreement attached to this Resolution, and incorporated by reference as if fully set forth herein, is of benefit to the Rosemead Redevelopment Project Area No. 1 and the neighborhood immediately surrounding said redevelop- ment project. Section 2. The City Council hereby finds and determines that no otherfunds are reasonably available for the improvements described in the Amendment to the Cooperation Agreement attached hereto. Section 3. The Mayor is hereby authorized to sign that certain Amendment to Agreement for Cooperation Between the City of Rosemead and the Rosemead Redevelopment Agency, and the City Manager is hereby authorized to take all necessary steps to bring the improve- ments contemplated by said Amendment into being. PASSED, APPROVED, and ADOPTED this/__>~day of 1977. ATTEST: *1 77-/~ M a W AMENDMENT TO AGREEMENT FOR COOPERATION BETWEEN THE CITY OF ROSEMEAD AND THE ROSEMEAD REDEVELOPMENT AGENCY The Agreement for Cooperation Between the City of Rosemead and the Rosemead Redevelopment Agency, entered into February 22, 1972, is hereby amended as follows: Section 1. The City agrees to install certain street and beautification improvements to Garvey Avenue and San Gabriel Boulevard, as follows: (a) Reconstruct pavement,curbs, gutters, and sidewalks together with the provision of decorative, stamped concrete and median landscaping, complete with sufficient irrigation to maintain the plantings. (b) All of the above-described work is to be performed on that portion of San Gabriel Boulevard commencing at the center line of the intersection of San Gabriel Boulevard with Keim Street, and extending northerly to the intersection of San Gabriel Boule- vard and Garvey Avenue, as depicted on the attached map designated as Exhibit "A" hereof. (c) All work performed on Garvey Avenue is to commence at the westerly most point where Garvey Avenue intersects with the city limit of the City of Rosemead, and'to extend easterly to the eastern most intersection of Garvey Avenue with the boundary of the City of Rosemead, as depicted on the attached map designated as Exhibit "A" hereof. (d) Such improvements are to be acquired, developed, and maintained exclusively by the City, or jointly -1- r Q o, r ; a with any other public agency. The Rosemead Redevelopment Agency shall advance payment to, or reimburse the City, on demand, from such sums as may be available to the Agency, not to exceed the amount of $418,600, or the actual cost of such improvements, whichever shall be the lesser amount. Section 3. It is intended by the parties hereto that such reimbursement obligation as is described in Section 2 of this Amendment shall constitute an "indebtedness" of the Rosemead Redevelopment Agency, as that term is used in Health and Safety Code 33670 and 33445. IN WITNESS WHEREOF, the parties have executed this Amendment to Agreement this~day of 2=,- , 1977, to take effect upon the date of executen, and to supersede all provisions contrary to the Cooperation Agreement dated February 22, 1972. DATED: 1cJ a CITY OF ROSEMEAD By: MAYOR DATEDROSEMEAD REDEVELOPMENT AGENCY By: CHAIRMAN -2- RONALD M. TELANOFF SAMUEL B08ROWSKY 6.&-A TELANOFF, WALLIN, KRESS & DILKES LAW OFFICES 11340 WEST OLYMPIC BOULEVARD. SUITE 145 LOS ANGELES, CALIFORNIA 90064 PETER L. WALLIN ROBERT L. KRESS C. EDWARD DILKES M E M O R A N D U M Date: March 22, 1977 To: Agency Board and City Council 479-3787 679-4520 From: City Attorney RE: RESOLUTION APPROVING GARVEY AND SAN GABRIEL BEAUTIFICATION Attached to this memorandum is a proposed Amendment to the September, 1972 AGREEMENT FOR COOPERATION which authorized the Agency to expend money for certain itemized improvements within the City of Rosemead. When executed, this Amendment will permit the Agency Board to expend redevelopment funds for the improvement of Garvey Avenue and San Gabriel Boulevard. Such improvements must be done pursuant to Health and Safety Code § 33445. As the Agency Board is aware,that section was substan- tially amended in the legislative session of 1976. Formerly, § 33445 required a finding by the Agency that the expenditures were of benefit to the project area. Under prior law, the Agency was required to make this finding and did not have to obtain the consent of the legislative body. As currently amended, § 33445 provides that "an agency may, with the consent of the legislative body, . . . expend funds for public improvements inside or outside the project area, if: "the legislative body determines: (1) that such . . .improvements are of benefit to the project area or the immediate neighborhood in which the project is located. , and (2)'that no other reasonable means of financing such. . .improvements are available to the community. Such determinations by the agency and the local legislative body shall be final and conclusive." Accordingly, the Agency and Council must both approve a Resolution authorizing the expenditure, and each body must make the findings of benefit and of reasonable financing. Resolutions have been prepared for both bodies, and, of course, both bodies must approve the Amendment to the Cooperation Agreement. CED:dvv