RES-10393 Cooperation & Reimbursement Agreement Redevelopment Agency Railroad Grade Crossing Safety EnhancementsRESOLUTION NO. 10393
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING AND
AUTHORIZING THE EXECUTION OF A
COOPERA TION AND REIMBURSEMENT
AGREEMENT WITH THE ORANGE
REDEVELOPMENT AGENCY RELATING TO
REIMBURSEMENT BY THE ORANGE
REDEVELOPMENT AGENCY OF A PORTION OF
THE COST OF RAILROAD GRADE CROSSING
SAFETY ENHANCEMENTS AND IMPROVEMENTS
AT CERTAIN GRADE CROSSINGS WITHIN THE
CITY.
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 ofthe 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, 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 Southern California Regional Rail Authority (SCRRA) is a
joint powers authority created to build, maintain and operate the "Metro link" commuter
train system in Los Angeles, Ventura, San Bernardino, Riverside and Orange counties on
rail rights-of-ways owned by its member agencies. The owner of the rail
right-of-way within the City of Orange is the Orange
County Transportation Authority (OCTA); and WHEREAS, SCRRA, OCT A and the City have participated
in the development of a scope of work for railroad grade crossing safety
enhancements and improvements at certain grade crossings within the City of Orange (the Public
Improvements) for the purpose of allowing the City to request a "quiet zone"
designation from
WHEREAS, the City and OCT A have entered into that certain Cooperative
Agreement No. C-8-0859 between Orange County Transportation Authority and
City of Orange for Railroad Grade Crossing Safety Enhancements and Safety Measures
Related to Quiet Zone Implementationfor Cities, dated as of November 10,2008, whereby the
City and OCT A agreed (i) to cooperate to complete the Public Improvements, and (ii) to a
cost sharing formula of 88 percent provided by OCTA and 12 percent provided by the
City (herein referred to as the City's
Share); and WHEREAS, the City and SCRRA have entered into that certain
Railroad Grade Crossing Safety Enhancements and Safety Measures Related to Quiet
Zone Implementation for the City of Orange, dated as of November 4, 2008, whereby SCRRA agreed
to be responsible for the construction of the Public Improvements in accordance with the
scope of work and agreement established by and between SCRRA and OCT
A; and WHEREAS, Section 33445 of the Redevelopment Law authorizes the
Agency, with the consent of the City Council, to, among other things, pay all or a part of the
cost of installation and construction of certain public improvements, which are or
will, upon completion, become publicly owned and are located either within or outside
the boundaries of the Redevelopment Project Area, upon a determination by the Agency Board and
the City Council that (a) such public improvements are of benefit to the Redevelopment
Project Area;b) no other reasonable means of financing such public improvements are available to
the City;c) the payment of funds for such buildings, facilities, structures or other
improvements will assist in the elimination of one or more blighting conditions inside the
Redevelopment Project Area; and (d) such public improvements are consistent with the Agency'
s adopted Implementation
Plan; 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 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 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; 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
WHEREAS, by the adoption of Resolution No. ORA-0476 and Resolution
No.10257, the Agency Board and the City Council, respectively, have 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 for the capital
projects described in the Summary Report, including 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 Redevelopment 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, since the time that the City Council adopted its Resolution No.
10257,the City has determined that it is unable to fully fund the City's Share; that is, that it
needs more than the $1,000,000 that was estimated in the Summary Report for the
Public Improvements;
and WHEREAS, the City Council of the City of Orange has requested that the
Agency fund the City's shortfall in the City's Share by an additional $1,100,000 for the
Public Improvements on the basis that the City has no other reasonable source of financing
said additional costs;
and WHEREAS, the Agency Board has determined that it is willing to fund the City'
s shortfall in the City's Share of the cost of the construction of the Public Improvements in
an amount not in excess of $1, 100,000;
and WHEREAS, the Agency Board and the City Council have determined that
the Agency's financial participation in the construction of the Public Improvements in an
amount not in excess of Two Million One Hundred Thousand andNo/lOO Dollars ($2,100,000.
00)will be of substantial benefit to the Redevelopment Project Area;
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 City Council desires 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 Quiet Zone 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 payor reimburse the City for a portion of the City's Share of the costs of the
Public Improvements in the amount not to exceed Two Million One Hundred Thousand and
NoI100 Dollars ($2,100,000.00), all as more particularly set forth in the Agreement;
and WHEREAS, this 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
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 follows:
Section 1.The foregoing recitals are true and correct.
Section 2. The Public Improvements are of benefit to the Redevelopment Project
Area; other than funds already identified and committed by the City Council to the Public
Improvements (including the amount previously committed by the Agency by the adoption of
Resolution No. ORA-0476 in the sum of $1,000,000 to the City's Share of the cost of
the construction of the Public Improvements), there are no other reasonable means available to
the City to fund the $1,100,000 shortfall in the City's Share of the costs of the construction of
the Public Improvements; 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
the Public Improvements is consistent with the Agency's adopted Implementation
Plan.Section 3. 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.Section 4. 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 23rd day of June,
2009.
ATTEST:
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Resolution was duly and regularly adofted by the City Council of
the City of Orange at a regular meeting thereof held on the 23r day of June, 2009, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
Mary E.
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