RES-10511 Cooperation Agreement ApprovalRESOLUTION NO. 10511
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING AND
AUTHORIZING THE EXECUTION OF A
COOPERATION AGREEMENT WITH THE
ORANGE REDEVELOPMENT AGENCY
RELATING TO REIMBURSEMENT BY THE
ORANGE REDEVELOPMENT AGENCY FOR A
PORTION OF THE COST OF STREET WIDENING
AND IMPROVEMENTS AFFECTING MAIN
STREET FROM CULVER AVENUE TO CHAPMAN
AVENUE WITHIN THE ORANGE MERGED AND
AMENDED REDEVELOPMENT PROJECT AREA.
WHEREAS, the City of Orange (the "City") is a municipal corporation, which
exercises governmental functions and powers and is organized and existing under the laws of
the State of California; and
WHEREAS, the Orange Redevelopment Agency, a public body, corporate and politic
the "Agency"), has been duly created, established and authorized to transact business and
exercise its powers under and pursuant to the Community Redevelopment Law (commencing
with Section 33000 of the Health and Safety Code of the State of California and herein referred
to as the "Redevelopment Law"); and
WHEREAS, the Amended and Restated Redevelopment Plan (the "Redevelopment
Plan") for the Orange Merged and Amended Redevelopment Project Area (the
Redevelopment Project Area") was duly approved by the City Council on November 27,
2001 by Ordinance No. 21-01, pursuant to the Redevelopment Law;
and WHEREAS, pursuant to the Redevelopment Law, the Agency is engaged
in activities necessary to carry out and implement the Redevelopment Plan for
the Redevelopment Project Area;
and WHEREAS, the City desires to construct, reconstruct, rehabilitate, widen and/
or replace the streets, sidewalks, curbs and gutters, traffic signals and other
related improvements resulting in the widening of Main Street from Culver Avenue to
Chapman Avenue (the "Public Improvements"), which Public Improvements will be located within
the boundaries of the Redevelopment Project Area;
and WHEREAS, the City has requested the Agency to assist with funding a portion
of the cost of the Public Improvements because the City has limited means available to it
for financing the total costs of the Public Improvements;
WHEREAS, Section 33445 of the Redevelopment Law authorizes the Board of
Directors of the Agency (herein referred to as the "Agency Board"), with the consent of the
City Council, to, among other things, pay all or a part of the value of the land for and the cost
of installation and construction of any building, facility, structure, or other improvement, that
is publicly owned and is located in or contiguous to the Redevelopment Project Area, upon
the making of certain findings; and
WHEREAS, while Section 33445 of the Redevelopment Law was amended in part
by the State Legislature in 2009, the Agency Board and the City Council determined by the
adoption of Resolution No. ORA-0476 and Resolution No. 10257, respectively, on
February 26, 2008 that there were sufficient facts supporting the findings then in effect under
Section 33445 of the Redevelopment Law for several capital projects, including the
Public Improvements, which determination was made in connection with the Agency Board'
s authorization of the issuance of the Agency's Orange Merged and Amended
Redevelopment Project Area 2008 Tax Allocation Bonds, Series A to finance the costs of said
capital projects;
and WHEREAS, as the "lead agency" under the California Environmental Quality
Act Public Resource Code Section 21000 et seq.; herein referred to as "CEQA"), the
City Council reviewed and considered the information contained in Mitigated
Negative Declaration No. 1813-09 ("MND") at its regular meeting of May 26, 2009,
which MND concluded that the potential significant adverse effects of the Public Improvements
could be mitigated to the extent that they would not have a significant effect on
the environment.Accordingly, by the adoption of Resolution No. 10384 on May 26, 2009, the
City Council approved the MND and the mitigation monitoring and reporting program for the
MND; and WHEREAS, in furtherance of the Redevelopment Plan for the
Redevelopment Project Area and the public purposes of both the Agency and the City, the Agency and the City
desire to enter into that certain Cooperation Agreement for the Provision of Public
Improvements of Benefit to the Orange Merged and Amended Redevelopment Project Area (
Main Street Widening Project) in the form presented at the meeting at which this Resolution is
adopted (the Cooperation Agreement"), pursuant to which Cooperation Agreement the City will
cause the Public Improvements to be installed and constructed and thereafter maintained, and
the Agency will pay or reimburse the City for the Agency's portion of the costs of
such Public Improvements in the amount not to exceed Two Million and No/100Dollars ($2,000,
000.00),as more particularly set forth in the Cooperation
Agreement; and WHEREAS, the City Council has duly considered all of the terms and
conditions of the proposed Cooperation Agreement and believes that the Cooperation Agreement is
in the best interests of the City and the health, safety, morals and welfare of its residents,
and in accord with the public purposes and provisions of applicable State and local
law
and requirements.NOW, THEREFORE, the City Council of the City of Orange resolves,
finds and determines on the basis of the facts set forth in the agenda report presented to it
and any testimony received at the meeting at which this matter was considered,
as
1. The foregoing recitals are true and correct.
2. In accordance with Section 15096 of the State CEQA Guidelines, none of the
conditions set forth in Section 15162 of the State CEQA Guidelines calling for the preparation
of a supplement to the MND have occurred.
3. The findings and determinations required to be made by the City Council
under Section 33445 of the Redevelopment Law (as then constituted) relative to the Public
Improvements by the adoption of its Resolution No. 10257 on February 26, 2008, are hereby
reaffirmed and ratified.
4. The Cooperation Agreement between the Agency and the City, a copy of which
is on file with the City Clerk, is hereby approved, and the Mayor is authorized and directed to
execute, and the City Clerk to attest, said Cooperation Agreement on behalf of the City.
5. The officers and employees of the City are authorized and directed, jointly and
severally, to do any and all things necessary or advisable in order to effectuate the purposes of
this resolution and to administer the City's obligations, responsibilities and duties to be
performed hereunder, and all actions previously taken by such officers and employees in
connection with the Coopera±ion Agreement are ratified and approved.
ADOPTED this 12th day of October, 2010
F~
Carolyn V.; vec~ehe, Mayor, City of Orange
ATTEST:
Mary
y, City Clerk, Orange
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Resolution was duly and regularly adopted by the City Council of
the City of Orange at a regular meeting thereof held on the 12th day of October, 2010, by the
following vote:
AYES: COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
Mary E. ,City Clerk, Cit of Orange
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