HomeMy WebLinkAboutRDA O2 AG WITH TOTA 01-16-01AGENDA Ri_ ORT
RDA NO. 02
01-16-01
MEETING DATE:
TO'
FROM'
SUBJECT'
JANUARY 16, 2001
WILLIAM A. HUSTON, CITY MANAGER
REDEVELOPMENT AGENCY STAFF
AGREEMENT WITH THE TUSTIN OLD TOWN ASSOCIATION (TOTA)
REGARDING ECONOMIC REVITALIZATION ACTIVITIES AND
APPLICATION TO CALIFORNIA MAIN STREET ASSOCIATION
SUMMARY
The Tustin Old Town Association (TOTA)is requesting financial assistance in the
amount of $15,000 during Fiscal Year' 2000-01 in connection with its proposed
submission of an application to the California Trade and Commerce Agency to become
a California Main Street community.
RECOMMENDATION
1. Approve a Redevelopment Agency Agreement with the Tustin Old Town Association to
assist in implementing a number' of programs aimed at strengthening the economic
base and business climate in Old Town, including the submission of an application to
California Main Street and authorize the Assistant City Manager to execute said
Agreement.
2. Adopt Resolution No. RDA 01-1 approving the submission of the California Main Street
application by the Tustin Old Town Association to the California Trade and Commerce
Agency.
3. Appropriate an amount of $15,000 out of the Town Center Redevelopment Project tax
increment funds in FY 2000-01 for the economic revitalization programs in Old Town.
FISCAL .IMPACT
The Agency assistance for the TOTA economic revitalization programs is estimated not
to exceed $15,000 from the Town Center Redevelopment Project tax increment funds.
.
BACKGROUND/DISCUSSION
The Tustin Old Town Association (TOTA) was incorporated on March 17, 1997 as a
voluntary nonprofit Mutual Benefit Corporation. The primary purpose of TOTA is to
recognize and fulfill the unique and varied economic interests and needs of the Old
Town Tustin business and property owners. On August 4, 1997, the Tustin Community
Redevelopment Agency authorized the Executive Director to enter an agreement to
provide financial support to TOTA in the amount of $15,000 for a variety of work tasks.
William A. Huston
Approval of Agreement with TOTA for FY 2000-01
January 16,2001
Page 2
The Redevelopment Agency funding was to provide support for specific tasks and
programs in four major categories including' Business Enhancement; Promotion;
Development/Design; and Organization. TOTA was also to commit its own
contributions level toward the work tasks approximately matching the Agency's financial
assistance level.
On October 16, 2000, TOTA requested the Redevelopment Agency's support for the
preparation of an application to be considered for the California Main Street Program.
California Main Street is an organization providing technical assistance and networking
opportunities with communities across the country with active downtown revitalization
efforts through the National Trust's National Main Street Center. The Main Street
program seeks to combine historic preservation and economic development in local
revitalization initiatives using a four-point approach that includes promotion,
organization, design and economic restructuring. California Main Street certification
and affiliation will provide a valuable tool to assist TOTA in accomplishing these
economic development activities in Old Town. At its October 16 meeting, the Agency
affirmed its shared commitment to the Main Street approach as a viable methodology
for revitalization efforts in Old Town.
Before an application for the Californi~ Main Street designation can'be submitted to the
State, the City must sign and declare a financial commitment. TOTA is requesting
financial assistance in the amount of $15,000 for FY 2000-2001 to assist them in
implementing a number of programs aimed at strengthening the economic base and
business climate in Old Town, including but not limited to, the submission of a Main
Street application. The attached Agreement reflects the proposed work tasks and
programs to be accomplished by TOTA during FY 2000-01. The Main Street application
prepared by TOTA is also attached.'
,.
Christine
Shingleton
//
Assistant City Manag~
James DraL~on
Senior Project Manager
Attachments
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RESOLUTION NO. RDA 01-1
A RESOLUTION OF THE TUSTIN COMMUNITY
REDEVELOPMENT AGENCY, APPROVING THE SUBMSSION OF
A CALIFORNIA MAIN STREET APPLICATION BY THE TUSTIN
OLD TOWN ASSOCIATION TO FURTHER THE ECONOMIC
REVITALIZATION OF THE TUSTIN OLD TOWN AREA
The Tustin Community Redevelopment Agency DOES HEREBY RESOLVE as
follows:
The Redevelopment Agency finds and determines as follows:
Ao
B,
The purpose of the Tustin Old Town Association is to recognize and fulfill
the unique and varied economic interest and needs of the Tustin Old
Town businesses and property owners;
The Redevelopment Agency and Tustin Old Town Association jointly will
derive benefit from activities under the Main Street Program that will
stimulate private investment and promote development in Old Town;
Co
The California Trade and Commerce Agency administers the state-wide
certification process which provides that local jurisdictions must approve
and support the application by local business and property owners to
become a California Main Street community;
D,
The California Main Street certification will establish Tustin Old Town as
the first Main Street community in Orange County;
NOW THEREFORE, BE IT RESOLVED that the City Council'
1. Approves and supports the filing of an application by the Tustin Old Town
Association to the California Trade and Commerce Agency as a valuable tool to
assist the City of Tustin and the Tustin Redevelopment Agency in continuing
economic revitalization activities in Old Town.
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Resolution No. RDA 01-1
Page 2
PASSED AND ADOPTED at a regular meeting of the Tustin City Council held
on the 16TM day of January, 2001.
TRACY WILLS WORLEY, Mayor
PAMELA STOKER
City Clerk
STATE OF)
CALIFORNIA
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the
City of Tustin, California, do hereby certify that the whole number of the
members of the City Council of the City of Tustin is five; that the above and
foregoing Resolution No. RDA 01-1 was duly passed and adopted at a
regular meeting of the Tustin City Council, held on the 16th day of January
2001, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
CITY CLERK
J D :\ccresos\01 - 1 .doc
AGREEMENT
THIS AGREEMENT is made and entered into on this day of
., 2001 by and between the TUSTIN COMM[~rlTY REDEVELOPMENT
AGENCY, a public body, corporate and politic, (hereinafter "Agency"), and the TUSTIN OLD
TOWN ASSOCIATION,. a California mutual benefit non-profit corporation (hereinafter
"Recipient").
RECITALS
A. The primary purpose of the Recipient is to recognize and fulfill the unique and varied
economic interests and needs of Old Town Tustin business and property owners by accomplishing
the following specific purposes.
o
To promote and advance existing business interests in Old Town Tustin.
,
To encourage and sustain new development, revitalization, preservation of historic
and architecturally significant properties, economic growth., and improvement of
Old Town Tustin.
ge
To secure and assist new business enterprises to locate in Old Town Tustin.
To formulate and advance remedies for conditions not considered beneficial to
residents, customers, business owners and property owners in Old Town Tustin.
Se
To effectively develop and represent Old Town Tustin as a diverse business
community considering the interests of both leasehold tenants as well as property
owners.
Se
To finance, organize, manage, operate, and carry on programs, events, activities, and
services for the promotion, advertisement, and betterment of business and trade in
Old Town Tustin.
o
To receive, administer and disburse funds in connection with any of the activities
related to the above stated purposes.
Page 1
o
To work with governmental entities, civic bodies, community organizations, trade
and commerce groups, and local community improvement associations in
connection with any activities related to the above specific purposes, or in any
enterprise deemed beneficial to Old Town Tustin or the City of Tustin.
B. The Agency and the Recipient jointly will derive benefits from activitieS which will
stimulate private investment and promote development in Old Town.
C. The Recipient has requested funds from the Agency in fiscal year 2000-01 to assist them
in implementing a number of programs aimed at strengthening the economic base and business
climate in Old Town.
In consideration of the foregoing recitals and the mutual covenants and conditions herein,
and intending to be legally bound, the parties agree as follows'
AGREEMENT
1.0
Fiscal Year 2000-2001 Grant of Redevelopment Agency Funds.
1.1 The Tustin Community Redevelopment Agency agrees to pay to the Recipient the
sum of $15,000 during Fiscal Year 2000-01 subject to the following conditions.
1.1.1 Said amount shall not be transmitted to Recipient until they have
transmitted to the Agency an audited statement by an independent auditor of
Recipient previous fiscal year budget, they have received written approval of a Main
Street Application by the State of California and the funds have been appropriated
by the Agency Board of Directors.
1.1.2 Said mount shall be a contribution towards the Recipient's business
enhancement, promotional design and organizational activities benefiting businesses
located within the boundaries of the Tustin Old Town Area and within the Tustin
Town Center Redevelopment Project Area as shown in Exhibit A.
1.1.3 The Recipient shall use said amount to undertake those work tasks and
programs (the Program) specified in Exhibit B during Fiscal Year 2000-01. In
undertaking these work tasks and pro.ams, the Recipient shall cooperate and
collaborate with organizations such as the Tustin Chamber of Commerce, the City
of Tustin and Tustin Communi~' Redevelopment Agency and other organizations
and entities as appropriate.
Page 2
1.1.4 Funds provided by the Agency shall be expended by Recipient during a
period of time ending no later than June 30, 2000, the end of Fiscal Year 2000-01.
1.1.5 In the event of any change or changes in the scope of work tasks or
programs identified in Exhibit A, Recipient shall prepare and submit to the Agency's
Executive Director a detailed description of the revision to the program, the
Recipients' proposed use of Agency funds, an expenditure schedule and the means
by which any revised program will be accomplished.
2.0 Term.
Unless terminated earlier in accordance with Section 7 of this Agreement, the term of this
Agreement shall be for one (1) fiscal year and shall expire on Jm~e 30, 2001,.unless the Board of
Directors of the Agency appropriate funds for future tasks for the following fiscal year and this
Agreement is amended pursuant to Section 10, herein.
3.0
Funding Appropriation..
Any Agency funds which are the subject of this Agreement shall be subject to appropriation
by the Agency's Board of Directors.
4.0
Maintenance and Availability of Records.
The Recipient shall keep adequate records and books of account showing all revenues and
the actual cost to it, of .any and all expenditures related to the Program to enable the Agency to
evaluate Performance of Recipient. At the close of the year 2000-01 fiscal year and each
subsequent fiscal year, the Recipient shall submit an audit statement by an independent auditor of
Recipient's budget and books. The Recipient shall provide Agency with access to such records and
books of account and proper facilities for inspections thereof at all reasonable times.
5.0 Program Reports.
The Recipient shall provide to the Redevelopment Agency a written progress report on
Pro.am activities, accomplishments, and expenditures during Fiscal Year 2000-01. Said report
shall include the results and conclusions of an annual independent audit. Said annual report(s) shall
be submitted within 90 days of the close of fiscal year 2000-01, and every year thereafter during the
term of this Agreement. The Recipient also shall provide the Agency with oral or ~vitten reports
concerning Program activities and expenditures as may be appropriate and as may be requested
from time-to-time by the Agency's Board of Directors or Executive Director.
Page 3
6.0 Limitations
No part of the activities of the Tustin Old Town Association shall consist of carrying on
progaganda or attempting to influence legislation, and the corporation shall not participate in or
intervene in ( including the publishing and distribution of endorsements) any political campaign on
behalf of any candidate for public office or any ballot measure.
6.0 Default.
If either party fails to observe or perform any term, covenm~t or condition of this Agreement
at any time during the term of this Agreement and the other party concludes that there has not been
good faith compliance with the provisions of this Agreement, either party may issue a written
"Notice of Default" by certified mail, return receipt requested, specifying the grounds thereof and
all facts demonstrating such non-compliance. The alleged defaulting party shall have fifteen (15)
days after receipt of such notice to respond in writing by either specifying how its non-compliance
has been cured or the grounds upon which it believes that it is complying with this Agreement. The
time to respond to the Notice of Default may be extended by mutual agreement of' the Parties. If
the response to the Notice of Default has not been received within the prescribed fifteen (15) days,
or within such the period of time as mutually agreed, the Notice of Default shall be conclusively
presumed to be valid and the party giving the Notice of Default may commence proceedings on the
termination of this Agreement pursuant to Section 7.0.
If the alleged Defaulting Party responds within the 15 day time period provided above, the
Parties shall meet in good faith at reasonable times and from time to time for a period of at least
fifteen (15) days to arrive at a mutually acceptable resolution of the matter(s) asserted in the Notice
of Default and disputed in the response. If after fifteen (15) days, or any other extension of time as
mutually ageed to by the Parties, the parties have failed to arrive at a mutually acceptable
resolution of such matter(s), either Party may commence proceedings for termination pursuant to
Section 7.0.
7.0 Termination.
7.1 Either Party shall have the fight tO terminate this Agreement if a Notice of Default
has not been cured following the procedure in Section 6.0.
7.2 When a Notice of Default issued to Recipient has not been cured following the
procedure in Section 6.0, the Agency shall be entitled to recover and Recipient shall pay to Agency
all Agency grant fimds that have not been expended through the termination date.
8.0 Assignability.
Page 4
The Recipient shall not assign any interest in this Agreement, and shall not transfer any
interest in the same (whether by assignment or invitation), without the prior written consent of the
Redevelopment Agency, which the Redevelopment Agency may give or withhold in its sole and
absolute discretion.
9.0
Covenant Against Discrimination.
Recipient covenants that, by m~d for itself, its heirs, executors, assigns, and all persons
claiming under or through them, that there shall be no discrimination Or segregation in the
performance of or in connection with this Agreement regarding any person or group of persons on
account of race, color, creed, religion, sex, marital status, national origin, or indemnification/non-
ancestry.
10.0
Independent Contract; Recipient Not an Agent.
It is understood that in the performance of this Agreement, the Recipient shall be, and is, an
independent contractor, and is not an agent or employee of the Agency and shall perform the
obligations of the Agreement in its own manner and method except as required by this Agreement.
The Recipient and its contractors and subcontractors shall not have the authority, expressed or
implied, to act on behalf of the Agency in any capacity whatsoever as agents or otherwise, or
contract to bind the Redevelopment Agency to any obligation whatsoever.
11.0 Non-Liability of Agency Officers and Employees.
11.1 The Recipient shall defend, indemnify and hold harmless the Agency, its officers
and employees from and against all actions, suits, proceedings, claims, demands, losses, costs and
expenses, including legal costs and attorney fees for injury to or death of person or persons, for
damage to property, including property owned by Agency, arising out of or related to Recipient's
performance under this Agreement.
11.2 No officer or employee of Agency shall be personally liable to the Recipient; or any
successor-in-interest, in the event of any default or breach by the Agency or for any amount which
may become due to the Recipient or its successor, or for breach of any obligation of the terms of
this A~eement.
12.0 Miscellaneous Provisions.
12.1 Notices.
Any notice, demand, consent, approval, either party desires or is required to give the other
Page 5
party or any other person shall be in writing and either delivered personally or sent by pre-paid, first
class mail to the address set forth below. Either party may change its address by notifying the other
party of such change of address.
To Agency:
Tustin Community Redevelopment Agency
300 Centennial Way
Tustin, California 92780
Attn' Christine Shingleton
Assistant City Manager
To Recipient'
President
Tustin Old Town Association
c/o John Powers
Tustin, California 92780
12.2 Governing Law. This Agreement shall be governed by, and construed and enforced
in accordance with, the laws of the State of California.
12.3 Severability.
In the event that any or more of the phrases, sentences, clauses, para~aphs Or sections
contained in this Agreement shall be declared invalid or unenforceable by valid judgement or
decree of a court of competent jurisdiction, such invalidity or unenforcebility shall.not affect any of
the remaining phrases, sentences, clauses, paragraphs, or sections of this A~eement, which shall be
interpreted to carry out the intent of the parties hereunder.
12.4 Integrated. Agreement. This A~eement contains the entire a~eement of the parties
as to the subject matter herein, and supersedes any prior or contemporaneous oral or written
representations, understandings or agreements.
12.5 Amendment. This Agreement may be amended at any time by mutual consent of
the parties by an instrument in writing.
12.6 Corporate Authority. The persons executing this Ageement on behalf of the Parties
hereto warrant that they are duly authorized to execute this Ageement on behalf of said parties and
that by so executing this Agreement the Parties hereto are formally bound to the provisions of the
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Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated
below.
"Agency"
Dated:
Tustin Community Redevelopment Agency,
a public body, corporate and politic
By:
Christine Shingleton
Assistant Executive Director
APPROVED AS TO FORM:
Lois Jeffrey
Agency Counsel
"Recipient"
TUSTIN OLD TOWN ASSOCIATION
a California mutual benefit non-profil~ corporation
By:
John Powers
President
By:
CAS:k&rda\agreemts\oldt~vn.a~
Page 7
EXHIBIT A
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EXHIBIT B
2000-2001 WORK TASKS AND PROGRAM
Tustin Old Town Association
1. Organization
1.1. Maintain member database, telephone, and insurance.
1.2. Continue to recruit and train members for the Organization, Design, and
Promotion Committees.
1.3. Define supply/purchasing procedures, accounting/auditing services and
telephone response system.
1.4.Apply for certification by the California Main Street program, and diligently
follow four-point methodology of the Main Street program in the planning
and execution of responsibilities and tasks.
1.5. Contract for help with a Downtown Consultant
1.5.1. to assist with the strategic planning for FY 2001-2002
1.5.2. to help insure that administrative systems are adequate
1.5.3. to help prepare TOTA for certification through training of members
in the function and activities of committees.
1.6. Hire a part time executive director by April 2001.
1.7. Recruit membership to staff an Economic Restructuring committee
beginning in 2001-'2002 fiscal year.
1.8. Perform such organizational tasks as
1.8.1. Election ofofficers
1.8.2. Annual meeting
1.8.3. Installation dinner
1.8.4. Continued identification of management and staffing needs and
solutions.
2. Design
2.1. Continue making progress toward Design Guidelines for Old Town Tustin;
involve all stakeholders in the process.
2.2. Provide written summaries of progress to members on'a quarterly basis.
2.3. Organize and provide input on design/development items that affect Old
Town, such as the proposed streetscape, open space and landscaping
opportunities, and interim use of vacant lots in the district.
2.4. Maintain liaison with the Cultural Resources Advisory Committee.
2.5.Appoint an Old Town representative to the Economic Development
Council (EDC) who will assist TOTA in becoming involved with EDC
activities, outreach and programs.
2.6. Work with the City to encourage continuation of design assistance grants
and construction assistance grants.
3.0 Business Retention and Enhancement
3.1
Publish a newsletter on a quarterly basis to all businesses within
the business area, associate members, and key stakeholders.
3.2
Maintain and publish an events calendar.
3.3
Create an Old Town Directory for dissemination at all
retail/professional locations within the Tustin Old Town Business
area, the Chamber of Commerce, the library, and for the media.
3.4
Identify Retail Workshops/Training that are of value to Old Town
merchants and plan a calendar of said events for the 2001-2002
calendar.
3.5
Undertake a crime prevention program tailored to membership
needs.
3.6
Prepare a '~¥elcome to Old Town" package for new merchants, to
help in recruiting businesses, and to support property owners'
efforts to fill vacant properties.
3.7
Update the Old Town Tustin Market Analysis that may include:
3.7.1 Update and analyze market and demographic data.
3.7.2 Prepare a new competitive market analysis.
3.7.3 Review/summarize existing Old Town tenant profile/mix.
3.7.4 Prepared economic.development strategy plan.
3.7.5 Tie in with marketing and promotion strategy.
3.8
Identify any updates that.may be necessary to the existing report.
Summarize relevant issues for the Economic Restructuring
Committee.
3.9
Identify for that committee the most pressing area for their 2001-
2002 planning.
4.0
Promotion
4.1
Conduct an Art Walk with the Tustin Art League
4.2
Have an Open House in conjunction with the Christmas Tree
Lighting Event.
4.3
Hold the Golden Spike Event
4.4
Have an QId Town booth at the Tustin Area Promenade. Event.
4.5
Develop an Events Calendar for fiscal year 2001-2002.
4.6
Develop a Co-Op Advertising program
4.7
Support the Old Town monthly ad in the Tustin News by providing a
calendar of events held in Old Town.
5.0
General
5.1
TOTA shall provide its 2001-2002 plan during the City's budget
processes.
5.2
TOTA shall conduct an audit of its books within 60 days of close of
its fiscal year.
5.3
The president shall have prepared a closing report to the City within
90 days following the close of the fiscal year.
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5.4
The president shall make a presentation to the City Council on the
Strategy for the next year within 30 days of submitting the Closing
Report.
A COPY OF TH
TUSTIN
OLD TOWN
ASSOCIATION
CALl FO RN IA MAI N
STR
T APPLICATION
IS AVAI LAB L
FOR
R
VIEW IN TH
CITY
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