RES-10478 Cooperation & Reimbursement Agreement ApprovalRESOLUTION NO. 10478
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING AND
AUTHORIZING THE EXECUTION OF A
COOPERATION AND REIMBURSEMENT
AGREEMENT WITH THE ORANGE
REDEVELOPMENT AGENCY RELATING TO
REIMBURSEMENT BY THE ORANGE
REDEVELOPMENT AGENCY FOR A PORTION OF
THE COST OF STREET REPAIRS 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 repair, reconstruct, rehabilitate andlor
replace various City streets sidewalks, curbs and gutters within the boundaries of the
Redevelopment Project Area (herein referred to as the "Public Improvements");
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 the following findings:
a) That the acquisition of land or the installation or construction of the buildings,
facilities, structures, or other improvements are of benefit to the Redevelopment
Project Area by helping to eliminate blight within the Redevelopment Project
Area or providing housing for low- or moderate-income persons;
and b) That no other reasonable means of financing the acquisition of the land
or installation or construction of the buildings, facilities, structures, or
other improvements are available to the community;
and c) That the payment of funds for the acquisition of land or the cost of the
buildings,facilities, structures, or other improvements is consistent with the
implementation plan adopted by the Agency pursuant to Section 33490 of the
Redevelopment
Law.WHEREAS, by the adoption of its Resolution No. ORA-0476 on February
26, 2008,the Agency Board authorized the issuance of its Orange Merged
and Amended Redevelopment Project Area 2008 Tax Allocation Bonds, Series A (the " 2008A
Bonds") to finance the costs of certain capital projects of benefit to the Redevelopment
Project Area,including a portion of the Public
Improvements; and WHEREAS, before the Agency Board adopted Resolution No.
ORA-0476, the Agency made available for public inspection a summary report (
the "Summary Report"),which included all of the following: (i) an estimate of the amount of
tax increment revenues allocated to the Agency, which the Agency proposed to use to pay for all or part
of the cost of the capital projects described in the Summary Report; (ii) the
facts supporting the determinations required to be made by the Agency pursuant to Section
33445 of the Redevelopment Law then in effect; and (iii) the redevelopment purpose for
which such tax increment revenues would be used to pay for said
capital projects; and WHEREAS, before it adopted Resolution No. ORA-
0476, the Agency Board,pursuant to Section 33679 of the Redevelopment Law, held a public
hearing with the City Council with respect to use of tax increment revenues for the
capital projects then proposed to be financed by the issuance of the 2008A Bonds and
received evidence concerning the
public benefits therefrom; and WHEREAS, by the adoption of Resolution No.
ORA-0476 and Resolution No.10257, the Agency Board and the City Council,
respectively, determined that there were sufficient facts supporting the determinations required to be made
by the Agency and the City Council pursuant to Section 33445 of the Redevelopment Law
then
capital projects described in the Summary Report, including some portion of the Public
Improvements; to wit, that (i) said capital projects are of benefit to the Redevelopment
Project Area; (ii) said capital projects will assist in the elimination of one or more blighting
conditions inside the Redevelopment Project Area and are consistent with the Agency's
adopted Implementation Plan for the Project Area; and (iii) for that portion of said capital
projects to be funded by the Agency, no other reasonable source of financing said portion of
the capital projects is available to the City; and
WHEREAS, in light of the fact that Section 33445 of the Redevelopment Law has
been amended, in part, subsequent to the date of adoption of the aforementioned Resolutions
No. ORA-0476 and 10257, this City Council desires to make the findings required by
the current version of Section 33445 of the Redevelopment Law in connection with the
Public Improvements; to wit, that (a) the Public Improvements are of benefit to the
Redevelopment Project Area by helping to eliminate blight within the Redevelopment Project Area; (b)
there are no other reasonable means available to the City for funding theAgency's portion of the
costs of the construction of the Public Improvements other than the funds provided by the Agency; (
c)the payment of funds by the Agency to the City for a portion of the cost of the
Public Improvements is consistent with the Implementation Plan adopted by the Agency pursuant
to Section 33490 of the Redevelopment Law;
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 finds and determines that the Public Improvements are within that class of
projects which consist of the repair, maintenance, and/or minor alteration of existing public
rights-of-way, sidewalks, gutters or topographical features, involving negligible or no expansion
of use beyond that previously existing and that, therefore, pursuant to Section 15301 of Title
14 of the California Code of Regulations (herein referred to as the "State CEQA
Guidelines"), the Public Improvements will not cause a significant effect on the environment
and are,therefore, categorically exempt from the provisions of
CEQA; 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 (Street Improvements) in the form presented at the meeting at which this Resolution is
adopted (the Agreement"), pursuant to which 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 forthe Agency's portion of the costs of such Public Improvements in the amount
not to exceed Nine Hundred Eighty-five Thousand and No/100Dollars ($985,000.
00), as more particularly set forth in
the Agreement; and WHEREAS, the City Council has duly considered all of the terms
and conditions of the proposed Agreement and believes that the 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
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. The Public Improvements are exempt from the application of CEQA pursuant
to a "Class 1" categorical exemption as set forth in Section 15301 of the State CEQA
Guidelines because the Public Improvements consist of the repair, maintenance, and/or minor
alteration of existing public rights-of--way, sidewalks, gutters or
topographical features,involving negligible or no expansion of use beyond that existing at the time of
the adoption of this Resolution. Accordingly, the City Clerk (or her authorized representative)
is hereby authorized and directed to file a Notice of Exemption with the Orange
County
Clerk-Recorder.3. The Public Improvements are of benefit to the Redevelopment Project
Area by helping to eliminate blight within the Redevelopment
Project Area.4. There are no other reasonable means available to the City for
funding the Agency's portion of the costs of the construction of the Public Improvements other
than the funds provided by
the Agency.5. The payment of funds by the Agency to the City for a portion of the cost
of the Public Improvements in an amount not in excess of $985,000.00 in accordance with
the terms and provisions of the Agreement is consistent with the Implementation Plan adopted
by the Agency pursuant to Section 33490 of the
Redevelopment Law.6. The 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 Agreement on behalf of
the City.7. 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 Agreement are ratified
and approved.ADOPTED this 22"d day of
June, 2010 arolyn Ca ecche, Mayor, City
of
ATTEST:
Mary E.. ,City Clerk, City of range
i
I, ^,rIARY 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 22° day of June, 2010, by the
following vote:
AYES: COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
2~
Mary E. ,City Clerk, City o Orange
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