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2/12/2008 - City Council Minutes - CC Minutes Reg Meeting APPROVED BY THE DIRECTORS ON FEBRUARY 26, 2008 ORANGE REDEVELOPMENT AGENCY ORANGE, CALIFORNIA MINUTES OF A REGULAR MEETING February 12, 2008 The Orange Redevelopment Agency of the City of Orange, California convened on February 12, 2008 at 4:30 p.m. in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange California. 4:30 P.M. SESSION 1. ROLL CALL PRESENT - Smith, Murphy, Cavecche, Dumitru, Bilodeau ABSENT - None 2. PUBLIC COMMENTS - None. 3. CONSENT CALENDAR 3.1 Request Agency confirmation of warrant registers dated January 17, and 24, 2008. ACTION: Approved. 3.2 Request approval of Redevelopment Agency Minutes, Regular Meeting dated January 22, 2008. (RC2500.D.4) ACTION: Approved. MOTION - Murphy SECOND - Dumitru AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau All items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR ******** 4. REPORTS FROM DIRECTORS - None. 5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None. 6. REPORTS FROM EXECUTIVE DIRECTOR - None. PAGE 1 ORANGE REDEVELOPMENT AGENCY February 12,2008 7. ADMINISTRATIVE REPORTS 7.1 Report on Tustin Street Redevelopment Project 1997 Taxable Tax Allocation Parity Bonds, Series B. (R3500.0.4) SUMMARY: Due to a drop in bond interest rates, staff is recommending to refund the outstanding Tustin Street Redevelopment Project 1997 Taxable Tax Allocation Parity Bonds, Series B. This refunding will result in lower annual debt service payments over the life of the bonds (20 years). (See related City Council Minutes Item No. 7.1) Discussion - Finance Director Rich Jacobs, responding to questions from Council, stated that if the Council and Redevelopment Agency directed, the bonds could be marketed together with the bonds being considered at the next meeting, which would result in a savings. RESOLUTION NO. ORA-0475 A Resolution of the Orange Redevelopment Agency approving the issuance, sale and delivery of tax allocation refunding bonds, approving as to form and authorizing the execution and delivery of certain documents in connection with such bonds, and authorizing certain other related matters. MOTION - Murphy SECOND - Bilodeau AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to adopt Resolution No. ORA-0475. FISCAL IMP ACT: The proposed Orange Merged and Amended Redevelopment Project Area 2008 Tax Allocation Bonds, Series B would refund the existing 1997 Tustin Street Tax Allocation Series B Bonds. By refunding the bonds, the Redevelopment Agency would not be incurring any additional debt or extending the maturity dates. The total amount of refunding bonds issued will be $6,135,000, with a projected net present value savings of approximately $790,000 over the remaining life of the bonds, based on bond market conditions as of January 28, 2008. 7.2 Report on Agreement between the Orange Redevelopment Agency and the Southern California Regional Rail Authority (SCRRA) for Construction and Maintenance of the Orange Depot Pedestrian Crossing, and a Cooperation and Reimbursement Agreement between the Agency and the City of Orange to reimburse the City for overseeing some of the Agency's obligations under its Agreement with SCRRA. (RA2100.0 Agr-5232) SUMMARY: The Agreement provides for SCRRA to construct a grade-separated pedestrian crossing between boarding platforms at the Orange Transportation Center (OTC) to improve the circulation of passengers to and from trains and the public parking lot located on the west side of the OTC, and for the Agency to operate, maintain, and repair the pedestrian crossing after completion. PAGE 1 ORANGE REDEVELOPMENT AGENCY MINUTES February 12,2008 7. ADMINISTRATIVE REPORTS (Continued) The Cooperation and Reimbursement Agreement provides for the City's Public Works Director and staff to render services to the Agency during construction of the pedestrian crossing, such as review of construction progress, liaison with SCRRA and making a determination whether the project is ready for use by members ofthe general public. (See related City Council Minutes Item No.7.2) RESOLUTION NO. ORA-0474 A Resolution of the Orange Redevelopment Agency approving and authorizing the execution of an agreement with Southern California Regional Rail Authority for construction and maintenance of the Orange Depot Pedestrian Crossing and a Cooperation and Reimbursement Agreement with the City of Orange. MOTION - Bilodeau SECOND - Smith AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to: 1) Adopt Resolution No. ORA-0474; and 2) Appropriate $70,000 from unappropriated reserves in Fund 942 to Account 942-9800-485100-9157 for the construction of casings for undergrounding of utilities at the site and City staff time for oversight. FISCAL IMP ACT: There is no fiscal impact for the construction of the pedestrian under crossing, since it will be funded by SCRRA and OCT A. However, the fiscal impact for the construction of casings and City staff oversight requires an appropriation of $70,000. 7.3 Report on acquisition of city-owned real property located at the west side of Atchison Street, north of Chapman Avenue, at 186 N. Atchison Street in the City of Orange. (D4000.0) SUMMARY: The Orange Redevelopment Agency proposes to acquire from the City approximately 12,224 square feet of real property for consolidation with adjacent real property owned by the Agency, subject to the City's right to terminate the Agency's title if the City Council subsequently determines that it requires the property for street or public utility purposes. (See related City Council Minutes Item No. 7.3) PAGE 3 ORANGE REDEVELOPMENT AGENCY MINUTES February 12,2008 7. ADMINISTRATIVE REPORTS (Continued) RESOLUTION NO. ORA-0477 A Resolution of the Orange Redevelopment Agency approving the acquisition from the City of Orange of that certain city-owned real property generally located on the west side of Atchison Street, north of Chapman Avenue in the City of Orange. MOTION - Bilodeau SECOND - Smith AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to adopt Resolution No. ORA-0477. FISCAL IMP ACT: There is no fiscal impact for this acqUisItIon. The Agency agrees to maintain the property in exchange for the acquisition. Sufficient funds are included in the Agency FY 07-08 budget to fund the on-going maintenance costs for this property. 7.4 Report on Ground Lease between the City of Orange and the Orange Redevelopment Agency relating to a City-owned public parking lot located at 505 West Chapman Avenue (Orange Depot Transportation Center). (RA2100.0 Agr-5229) SUMMARY: The Ground Lease provides for the lease of the City-owned public parking lot to the Orange Redevelopment Agency so that the Agency can own, manage, operate and maintain the parking lot, together with the pedestrian under-crossing to be constructed beneath the railroad right-of-way, and the existing transit-related facilities located on Agency-owned land on the east side of the railroad right-of-way. The parking lot is bounded on the south by Chapman Avenue, on the north by Palm Avenue, and on the east by the railroad right-of-way used for Metrolink commuter rail service. (See Related City Council Minutes Item No. 7.4) RESOLUTION NO. ORA-0473 A Resolution of the Board of Directors of the Orange Redevelopment Agency approving a ground lease of the city-owned parking lot bounded on the south by Chapman Avenue, on the north by Palm Avenue, and on the east by the railroad right-of-way used for Metrolink Commuter Rail Service for Redevelopment purposes. MOTION - Bilodeau SECOND - Smith AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to adopt Resolution No. ORA-0473. PAGE 4 ORANGE REDEVELOPMENT AGENCY MINUTES February 12,2008 7. ADMINISTRATIVE REPORTS (Continued) FISCAL IMP ACT: In exchange for its commitment to own, manage, operate and maintain the parking lot for the duration of the Ground Lease, the City will not receive any lease revenue from the Agency. The Agency has budgeted sufficient funds in FY 07-08 for maintenance and operation of these facilities. 8. LEGAL AFFAIRS - None. 9. PUBLIC HEARINGS 9.1 THE ISSUANCE, SALE AND DELIVERY OF TAX ALLOCATION BONDS FOR FINANCING ADDITIONAL COSTS OF REDEVELOPMENT PROJECTS. (R3500.0) (See related City Council Minutes Item No. 10.1) Time set for joint public hearing with the Orange City Council to consider an Orange Redevelopment Agency proposal to issue bonds netting proceeds of approximately $30,000,000 to finance the cost of the acquisition of land for and the installation and construction of public capital improvements of benefit to the Orange Merged and Amended Redevelopment Project Area. NOTE: Staff requested a continuance of this item. RESOLUTION NO. ORA-0476 A Resolution of the Orange Redevelopment Agency approving the issuance, sale and delivery of Tax Allocation Bonds for financing additional costs of redevelopment projects, approving as to form and authorizing the execution and delivery of certain documents in connection with such bonds, making findings pursuant to California Health and Safety Code Section 33445 and authorizing certain other related matters. MOTION - Dumitru SECOND - Cavecche AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to continue the public hearing to February 26,2008 at 4:30 p.m. PAGE 5 ORANGE REDEVELOPMENT AGENCY MINUTES February 12,2008 10. RECESS TO CLOSED SESSION The Agency recessed at 5:40 p.m. to a Closed Session for the following purposes: a. Conference with Real Property Negotiators - Real property negotiations pursuant to Government Code Section 54956.8: Properties: (1) Unimproved real property consisting of approximately 19,672.50 square feet and generally located on the west side of The City Drive approximately 235 feet north of the intersection of The City Drive and Chapman A venue; (2) Two noncontiguous parcels of unimproved real property consIstmg, together, of approximately 4,603 square feet and generally located on the south side of West Chapman Avenue, east of Rampart Street; and (3) City-owned parking lot at 154 S. Grand Street. (4) City-owned parking lot on the west side ofN. Lemon Street between Maple Avenue and Chapman Avenue. Agency Negotiator: John Sibley on behalf of the City and Jim Reichert and Lisa Kim on behalf of the Orange Redevelopment Agency. Negotiating Parties: City of Orange, as seller, and Orange Redevelopment Agency, as buyer. Under Negotiation: Price and terms of payment. b. To consider and take possible action upon such other matters as are orally announced by the General Counsel, Executive Director of the Board of Directors prior to such recess unless the motion to recess indicates any of the matters will not be considered in Closed Session. 11. ADJOURNMENT - The Agency adjourned at 7:15 p.m. Declaration of the Clerk of the Orange Redevelopment Agency, Mary E. Murphy, declaring posting of Orange Redevelopment Agency Agenda of a regular meeting of February 12, 2008 at Orange Civic Center kiosk, Police facility at 1107 North Batavia, and the Main Public Library at 407 E. Chapman; all of said locations being in the City of Orange and freely accessible to members of the public at least 72 hours before commencement of said regular meeting. PAGEl>