RES-ORA-0524 Cooperation Agreement ApprovalRESOLUTION NO.ORA-
0524 RESOLUTION OF THE
ORANGE REDEVELOPMENT AGENCY APPROVING
AND AUTHORIZING THE EXECUTION OF
A COOPERATION AGREEMENT WITH THE
CITY OF ORANGE 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 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 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, pursuant to the Redevelopment Law, 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; 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 Public Improvements because the City has limited means available to it for
financing the total cost
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 xhe 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, as a "responsible agency" under CEQA and in accordance
with Section 15096 of the State CEQA Guidelines, the Agency has independently
reviewed and considered the MND and finds and determines that 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; 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 RedevelopmentProject 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 an amount not to exceed Two Million and No/100 Dollars ($2,000,
000.00),as more particularly set forth in the Cooperation
Agreement; and WHEREAS, by its adoption of Resolution No. 10511, the City Council of the
City of Orange has approved the terms and provisions of the Cooperation
Agreement;
WHEREAS, the Board of Directors 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 Agency and 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; and
NOW, THEREFORE, the Board of Directors of the Orange Redevelopment
Agency 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 follows:
1. The foregoing recitals are true and correct.
2. The findings and determinations required to be made by the Board of
Directors of the Agency under Section 33445 of the Redevelopment Law (as then
constituted), relative to the Public Improvements by the adoption of its Resolution No. ORA-
0476 on February 26, 2008, are hereby reaffirmed and ratified.
3. The Cooperation Agreement between the Agency and the City, a copy of which
is on file with the Agency Clerk, is hereby approved, and the Chairman of the Agency Board is
authorized and directed to execute, and the Agency Clerk to attest, said Cooperation Agreement
on behalf of the Agency.
4. The officers and employees of the Agency 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 Agency's obligations, responsibilities and duties to be
performed hereunder, and all actions previously taken by such officers and employees in
connection with the Cooperation Agreement are ratified and approved.
ADOPTED this 12`" day of October, 2010.
i
r
V/Cavecche, Chairman
ATTEST:
Mary E urp y, Agency Clerk
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I hereby certify that the foregoing Resolution was duly and regularly adopted by the
Orange Redevelopment Agency at a regular meeting thereof held on the 12th day of October,
2010, by the following vote:
AYES:DIRECTORS:Smith, Murphy, Cavecche, Dumitru, Bilodeau
NOES:DIRECTORS:None
ABSENT:DIRECTORS:None
ABSTAIN:DIRECTORS:None
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