RES-ORA-0506 Cooperation & Reimbursement Agreement Chapman University Quiet Zone Improvements & Reciprocal EasementRESOLUTION NO. ORA-
0506 A RESOLUTION OF THE
ORANGE REDEVELOPMENT AGENCY APPROVING
AND AUTHORIZING THE EXECUTION OF (1)
A COOPERATION AND
REIMBURSEMENT AGREEMENT BY AND BETWEEN THE CITY
OF ORANGE AND THE ORANGE
REDEVELOPMENT AGENCY RELATING TO RECONFIGURATION
OF A PORTION OF A PUBLIC PARKING LOT AND
AN ADJACENT PARKING LOT OWNED BY
CHAPMAN UNIVERSITY TO ACCOMMODATE QUIET
ZONE IMPROVEMENTS AT THE PALM
AVENUE RAILROAD GRADE CROSSING; AND (2)
A RECIPROCAL EASEMENT AGREEMENT BY
AND BETWEEN THE ORANGE
REDEVELOPMENT AGENCY AND CHAPMAN
UNIVERSITY.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, 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. To that end and included among its powers, 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 withthe Agency's adopted Implementation
WHEREAS, the Southern California Regional Rail Authority (SCRRA) is a joint
powers authority created to build, maintain and operate the "Metrolink" 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, OCTA 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 Quiet Zone Improvements)
for the purpose of allowing the City to request a "quiet zone" designation
from the
Federal Railroad Administration; 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 (hereinafter referred
to as the "SCRRA Agreement"), whereby SCRRA agreed to be responsible for the
construction of the Quiet Zone Improvements subject to a funding commitment from OCTA
and the City; and WHEREAS, pursuant to the adoption of Resolutions No.
ORA-0501 and 10393 on June 23, 2009, the Agency and the City entered
into that certain Cooperation and Reimbursement Agreement for the Provision
of Parking Lot Reconfiguration and Improvements of Benefit to the Orange Merged
and Amended Redevelopment Project Area Quiet Zone Improvements), dated July 21, 2009, whereby
the Agency agreed to reimburse the City in an amountnotto exceed $2,100,000.00 for its funding
commitment for the cost of construction of
the Quiet Zone Improvements; and WHEREAS, in order to accommodate that portion
of the Quiet Zone Improvements to be constructed by SCRRA on the west side of the
Palm Avenue railroad grade crossing,SCRRA has determined that vehicular access to and from
Palm Avenue across the northerly perimeter of that certain public parking lot owned by the City (
which is subject to the Agency's leasehold interest) (the West Chapman/
Metrolink Parking Lot), which serves members of the general public and patrons of the commuter
rail passenger terminal and bus transfer facility located at 194 N. Atchison Street (
the Orange Transportation Center), will have to be closed, thus necessitating the location of an alternate
vehicular access point to
and from Palm Avenue; and WHEREAS, in order to satisfy the Agency's need
for an alternative vehicular access point to and from Palm Avenue for patrons of
the Orange Transportation Center, Chapman University, a California non-profit corporation (Chapman), desires
to convey to the Agency and its designees a ten (10) year non-exclusive easement over
and across a parking lot owned and operated by Chapman (the Palm Parking Lot) and located
adjacent to a portion of
the
WHEREAS, in consideration for Chapman's conveyance of the aforementioned
easement, the Agency has agreed, at its own cost, to reconfigure, or cause to be reconfigured,
that portion of the West Chapman/Metrolink Parking Lot located adjacent to the Palm
Parking Lot to allow for vehicular access over and across the Palm Parking Lot from the
West Chapman/Metrolink Parking Lot to Palm Avenue (the Parking Lot Reconfiguration and
Improvements), the cost of which has been estimated to be not more than $130,000.00; and
WHEREAS, Chapman has executed and submitted to the Agency the Reciprocal
Easement Agreement in the form presented at this meeting, which provides, among other
things, for the conveyance to the Agency and its designees (including members of the general
public and patrons of the Orange Transportation Center) of a ten (10) year non-
exclusive easement over and across the Palm Parking Lot upon the terms stated therein and, secondly,
the commitment by the Agency to arrange for the Parking Lot Reconfiguration and
Improvements at the Agency's cost in an amount not more than $130,000.00;
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 Parking Lot Reconfiguration and Improvements
are within that class of projects which consist of, among other things, the 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 construction of the Parking
Lot Reconfiguration and Improvements will not cause a significant effect on the environment
and are, therefore,categorically exempt from the
provisions of CEQA.WHEREAS, the Agency Board is willing in connection with the
construction of the Parking Lot Reconfiguration and Improvements to fund the City's obligation
to SCRRA for the cost of the construction thereof in an amount not in excess of $130,000. To
that end and in furtherance of the Redevelopment Plan for the Redevelopment Project Area
and the public purposes of both the Agency and the City, the Agency Board 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 Parking Lot Reconfiguration and Improvements to be installed and constructed, and the Agency
will pay or reimburse the City for its obligation to SCRRA for the cost of construction of
the Parking Lot Reconfiguration and Improvements in the amount not toexceed $130,000.00,
all as more particularly set forth in
the Agreement; and WHEREAS, the Agency Board hereby determines that the
Agency's financial participation in the construction of the Parking Lot Reconfiguration and
Improvements in an amount not in excessof $130,000.00 will be of substantial benefit
to the Redevelopment
Project
WHEREAS, the Agency Board has duly considered all of the terms and conditions
of the proposed Agreement and Reciprocal Easement Agreement and believes that the
Agreement and Reciprocal Easement Agreement are 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.
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 Parking Lot Reconfiguration and 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 Parking Lot Reconfiguration and
Improvements consist of the 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 Parking Lot Reconfiguration and Improvements are of
benefit to the Redevelopment Project Area; there are no other reasonable means available to the
City to fund the cost of construction of the Parking Lot Reconfiguration and
Improvements; the payment of funds for the Parking Lot Reconfiguration and Improvements will assist
in the elimination of one or more blighting conditions inside the Redevelopment Project Area;
and the Parking Lot Reconfiguration and Improvements are consistent with the Agency'
s adopted
Implementation Plan.Section 4. The Agreement between the Agency and the City, a copy of which
is on file with the Agency Clerk, is hereby approved, and the Agency Chairman is
authorized and directed to execute, and the Agency Clerk to attest, said Agreement on behalf of
the Agency.Section 5. The Reciprocal Easement Agreement between the Agency
and the Chapman, a copy of which is on file with the Agency Clerk, is hereby approved, and
the Agency Chairman is authorized and directed to execute, and the Agency Clerk to attest,
said Reciprocal Easement Agreement on behalf of
the Agency.Section 6. 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 Agreement and the Reciprocal Easement
Agreement are ratified
and
ADOPTED this 24th day of November, 2009.
ATTEST:
Mary E. N Agency Cler
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 24th day of
November, 2009, by the following vote:
AYES:DIRECTORS:Smith, Murphy, Cavecche, Dumitru, Bilodeau
NOES:DIRECTORS:None
ABSENT:DIRECTORS:None
ABSTAIN:DIRECTORS:None
Mary E. , Agenc
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