RES-10509 Cooperation Agreement ApprovalRESOLUTION NO. 10509
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 THE
INTERSECTION OF TUSTIN STREET AND MEATS
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 reconstruct, rehabilitate, widen and/or replace the
streets, sidewalks, curbs and gutters, and traffic signals affecting the intersection of Tustin
Street and Meats 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; and
WHEREAS, Section 33445 of the Redevelopment Law authorizes the Board of
Directors or 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.
1814 -09 (MND) at its regular meeting of June 23, 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. 10391 on June 23, 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 (Tustin Street and
Meats Avenue Improvements) 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 One Million Five Hundred Thousand and No /100
Dollars ($1,500,000.00), 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.
PA
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 follows:
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 Cooperation Agreement are ratified and approved.
ADOPTED this 14 day of September, 2010
ATTEST:
Mary E. u , City Clerk, i range
3
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 14 day of September, 2010, by
the following vote:
AYES:COUNCILMEMBERS:Smith, Murphy, Cavecche, Dumitru, Bilodeau
NOES:COUNCILMEMBERS:None
ABSENT:COUNCILMEMBERS:None
ABSTAIN:COUNCILMEMBERS:None
Mary E. y, City Clerk, Orange
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