RES-OB-0052 Metrolink Parking Structure Cooperative AgreementRESOLUTION NO.OB -0052
A RESOLUTION OF THE OVERSIGHT BOARD OF
THE SUCCESSOR AGENCY TO THE ORANGE
REDEVELOPMENT AGENCY APPROVING A
COOPERATIVE AGREEMENT NO. C -3 -2065
BETWEEN THE CITY OF ORANGE, SUCCESSOR
AGENCY TO THE ORANGE REDEVELOPMENT
AGENCY, AND THE ORANGE COUNTY
TRANSPORTATION AUTHORITY PROVIDING
FOR CONSTRUCTION FUNDING FOR THE
METROLINK PARKING STRUCTURE AT
ORANGE TRANSPORTATION CENTER.
WHEREAS, Assembly Bill xl 26 ( "AB 26 ") and AB xl 27 were passed by the State
Legislature on June 15, 2011 and signed by the Governor on June 28, 2011; and
WHEREAS, among other things, AB 26 amended Sections 33500, 33501, 33607.5
and 33607.7 of the California Health and Safety Code and added Part 1.8 and Part 1.85 of
Division 24 to the California Health and Safety Code; and
WHEREAS, by enactment of Part 1.85 of Division 24 of the California Health and
Safety Code, subject to all reservations herein stated, the Orange Redevelopment Agency
the "Agency ") was dissolved as of February 1, 2012; and
WHEREAS, Assembly Bill 1484 ( "AB 1484 ") was passed by the State Legislature
on June 27, 2012 and signed by the Governor on June 27, 2012 which adds and amends
certain provisions contained in AB 26, including the process for adopting Recognized
Obligation Payment Schedules; and
WHEREAS, California Health and Safety Code Section 34173(a) designates
successor agencies as successor entities to former redevelopment agencies; and
WHEREAS, on January 10, 2012, by Resolution No. 10625, the City of Orange
declared itself as the successor agency (the "Successor Agency ") upon the dissolution of the
Agency, subject to all reservations stated in such resolution; and
WHEREAS, the Oversight Board of the Successor Agency to the Orange
Redevelopment Agency (the "Oversight Board ") has been established to direct the Successor
Agency to take certain actions to wind down the affairs of the Agency in accordance with the
California Health and Safety Code; and
WHEREAS, the Cooperative Agreement No. C -9 -0243 is an "enforceable obligation"
under Health and Safety Code Section 34171(G)(2) as it was entered into no later than
December 31, 2010 and it is a written agreement for the purpose of securing indebtedness;
and
WHEREAS, the Cooperative Agreement No. C -9 -0901 is an "enforceable obligation"
under Health and Safety Code Section 34171(G)(2) as it was entered into no later than
December 31, 2010 and it is a written agreement for the purpose of securing indebtedness;
and
WHEREAS, California Health and Safety Code Section 34177(i) authorizes the
Successor Agency to continue overseeing development of properties until the "contracted
work" has been completed or the contractual obligations of the former redevelopment agency
can be transferred to other parties; and
WHEREAS, to carry out and implement the obligations of the Cooperative Agreement
No. C -9 -0901 and Cooperative Agreement No. C -9 -0243, OCTA has agreed to commit and
fund $16.7 million to the City and the Successor Agency on a reimbursement basis for
construction of the Metrolink Parking Structure project; and
WHEREAS, California Health and Safety Code Section 34180(e) authorizes the
Oversight Board to approve successor agency actions that continue the acceptance of federal
or state grants that are conditioned upon matching funds from the former redevelopment
agency;and,
WHEREAS, the acceptance of the $16.7 million funds from OCTA will allow the
Successor Agency to fulfill contractual obligation with OCTA to complete the Metrolink
Parking Structure.
NOW, THEREFORE, the Oversight Board of the Successor Agency to the
Orange Redevelopment Agency does hereby resolve as follows:
Section 1. The Oversight Board hereby finds and determines that the foregoing
recitals are true and correct.
Section 2. All legal prerequisites to the adoption of this Resolution have
occurred.
Section 3. The Oversight Board resolves to approve the Cooperative Agreement
No. C -3 -2065 between the City of Orange, the Successor Agency to the Orange
Redevelopment Agency and the Orange County Transportation Authority which provides for
OCTA funding commitment of $16.7 million to construct the Metrolink Parking Structure
project.
Section 4. The Chairperson is hereby authorized, on behalf of the Successor
Agency, to sign all documents necessary and appropriate to carry out and implement the
Agreement, and to administer the Agency's obligations, responsibilities and duties to be
performed under the Agreement.
Section 5. The Clerk of the Oversight Board shall certify to the adoption of this
Resolution.
4
Section 6. This Resolution shall take effect immediately upon its adoption.
ADOPTED this 12 day of February, 2014.
of tle Oversight Board of the Successor
Orange Redevelopment Agency
ATTEST:
r
Mary E. M by
Clerk of the Oversight Board
I hereby certify that the foregoing Resolution was duly and regularly adopted by the
Oversight Board of the Successor Agency to the Orange Redevelopment Agency at a regular
meeting thereof held on the 12 day of February, 2014, by the following vote:
AYES: BOARDMEMBERS: Remland, Christensen, Davert, Buttress, Cavecche, Schulze, Yarbrough
NOES: BOARDMEMBERS: None
ABSENT: BOARDMEMBERS: None
ABSTAIN: BOARDMEMBERS: None
l
Mary E. urphy
Clerk oftthe Oversight Board
k]