RES-ORA-0498 Cooperation & Reimbursement Agreement for Sidewalk Improvements within Amended Redevelopment Project AreaRESOLUTION NO. ORA-
0498 RESOLUTION OF THE
ORANGE REDEVELOPMENT AGENCY APPROVING
AND AUTHORIZING THE EXECUTION OF
A COOPERA TION AND
REIMBURSEMENT AGREEMENT WITH THE CITY OF
ORANGE RELATING TO REIMBURSEMENT BY
THE ORANGE REDEVELOPMENT AGENCY FOR
A PORTION OF THE COST OF
SIDEWALK IMPROVEMENTS 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 by the City Council of the
City of Orange 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, 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 by the adoption of Ordinance No. 21-01 on November 27,
2001; 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 implement a sidewalk improvement plan
along Taft Avenue from the Santa Ana River to Glassell Street, along Main Street from
Walnut Avenue to Collins Avenue, and along Main Street from Katella Avenue to Taft Avenue
within the Redevelopment Project Area, as such improvements are generally described on
Exhibit A attached hereto (herein referred to as the Public
WHEREAS, Section 33445 of the Redevelopment Law authorizes the Agency, with
the consent of the City Council, to pay all or a part of the cost of the installation and
construction of the Public Improvements if the City Council determines that (a) the Public
Improvements are of benefit to the Redevelopment Project Area; (b) no other reasonable means
of financing the Public Improvements are available to the City; (c) the payment of funds for the
Public Improvements will assist in the elimination of one or more blighting conditions inside the
Redevelopment Project Area; and (d) the Public Improvements are consistent with the Agency's
adopted Implementation Plan; and
WHEREAS, by the adoption of its Resolution No. 10257 on February 26, 2008, the
City Council authorized the issuance of the Orange Merged and Amended Redevelopment
Project Area 2008 Tax Allocation Bonds, Series A (the 2008A Bonds) by the Agency to
finance the costs of certain capital projects of benefit to the Project Area that were described
in a summary report (the Summary Report) made available for public inspection; and
WHEREAS, by the adoption of its Resolution No. ORA-0476 on February 26,
2008,the Board of Directors of the Agency (the Agency Board) authorized the issuance of
its 2008A Bonds to finance the costs of the capital projects described in the Summary Report,
as well as other public improvements complying with the applicable requirements of
the Redevelopment Law;
and WHEREAS, while the Public Improvements were not included within the list
of capital projects described in the Summary Report, the Agency is authorized to use
the proceeds of the 2008A Bonds to finance all or a portion of the cost of the
Public Improvements so long as the City Council is able to make the determinations required to
be made pursuant to Section 33445 of the Redevelopment Law;
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 and Reimbursement Agreement for the Provision of
Public Improvements of Benefit to the Orange Merged and Amended Redevelopment Project
Area Sidewalk Improvement Plan) 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 payor reimburse the City for the Agency's portion of the costs of such Public Improvements
in the amount not to exceed One Hundred Ninety Thousand and Noll 00 Dollars ($190,000.
00),as more particularly set forth in the Agreement;
and WHEREAS, 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, this
Agency Board 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 requirements;
and
WHEREAS, in accordance with the environmental regulations of the Federal
Highway Administration (FHW A) that were adopted to implement the National
Environmental Policy Act (NEP A) requirements for surface transportation projects, and
pursuant to the authority granted by the FHW A to the Department of Transportation of the
State of California (CalTrans), CalTrans has determined that the Public Improvements
consist of an activity that is a "Categorical Exclusion" under 23 Code of Federal Regulations
Part 771 and are, therefore, excluded from the requirements under NEP A to prepare an
Environmental Assessment or Environmental Impact Statement; and
WHEREAS, as a "responsible agency" under the California Environmental Quality
Act (Public Resource Code Section 21000 et seq.; herein referred to as CEQA), the Agency
Board 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 1530 I of Title 14
of the California Code of Regulations (herein referred to as the State CEQA Guidelines),
the construction of the Public Improvements will not cause a significant effect on
the environment and are, therefore, categorically exempt from the provisions of
CEQA.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:Section 1.The foregoing recitals are true and
correct.Section 2. The Public Improvements and the Agreement 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.Section 3. The Public Improvements are of benefit to
the Redevelopment Project Area, there are no other reasonable means available to the City for funding the
portion of the costs of the construction of the Public Improvements identified in the
Agreement for funding by the Agency other than the funds provided by the Agency; the payment of
funds for the Public Improvements will assist in the elimination of one or more
blighting conditions inside the Redevelopment Project Area and is consistent with the Agency'
s
adopted Implementation Plan.Section 4. The terms and provisions of the Agreement between the
City and the Agency, in the form as submitted by the Agency's Executive Director, are
approved and that the Chairman is authorized to execute, and the Agency Clerk to attest,
the Agreement on behalf
of
Section 5. 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 under the Agreement, and all actions (if any)
previously taken by such officers and employees in connection with the Agreement are
ratified and approved.
ADOPTED this loth day of March, 2009.
ATTEST:
I do hereby certify that the foregoing Resolution was duly and regularly adopted by
the Orange Redevelopment Agency at a regular meeting thereof held on the 10th day of
March, 2009, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DIRECTORS: Smith, Murphy, Cavecche, Dumitru, Bilodeau
DIRECTORS: None
DIRECTORS: None
DIRECTORS: None
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Agency Clerk
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