RES-10255 Cooperation & Reimbursement Agreement for City Staff Services for Construction of Orange DepotRESOLUTION NO. 10255
A 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 FOR THE
FURNISHING OF CITY STAFF SERVICES TO THE
ORANGE REDEVELOPMENT AGENCY
ASSOCIATED WITH AN AGREEMENT BETWEEN
THE ORANGE REDEVELOPMENT AGENCY AND
THE SOUTHERN CALIFORNIA REGIONAL RAIL
AUTHORITY FOR THE CONSTRUCTION OF THE
ORANGE DEPOT PEDESTRIAN CROSSING.
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, by Ordinance No. 21-01 adopted on November 27, 2001, the
City Council of the City of Orange adopted and approved the Amended and
Restated Redevelopment Plan (the Redevelopment Plan) for the Orange Merged and
Amended Redevelopment Project Area (the Project Area);
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 of the State of
California commencing with Section 33000 of the California Health and Safety Code and herein
referred to as the Law);
and WHEREAS, pursuant to the Law, the Agency is carrying out the
Redevelopment Plan for the Project Area;
and WHEREAS, the Southern California Regional Rail Authority, a Jomt
powers authority created under the laws of the State of California (SCRRA), operates
Metrolink commuter rail service between Union Station in Los Angeles and a terminal in
Oceanside along railroad right-of-way owned by the Burlington Northern Santa Fe
Railroad and the Orange County Transportation Authority (
the OCTA); and WHEREAS, the Agency desires to enter into that certain
Agreement between the Orange Redevelopment Agency and the Southern California Regional
Rail Authority for Construction and Maintenance of Orange Depot Pedestrian
Crossing (the SCRRA Agreement) with the SCRRA, pursuant to which SCRRA will construct and
separated pedestrian crossing (the Project) between boarding platforms at the passenger rail
station and bus transfer facility known as the Orange Depot; and
WHEREAS, the SCRRA Agreement provides that, upon completion of the Project
and acceptance of the Project by both the Agency and SCRRA, the Agency will, at its sole
cost and expense, be responsible for the operation, maintenance and repair of all
improvements completed under the Project; and
WHEREAS, the SCRRA Agreement provides for the City's Director of Public
Works and her staff members to work cooperatively and coordinate the construction of the
Project with SCRRA on behalf of the Agency, including making a determination that the
Project is ready for use by members of the general public and, once completed,
recommending to the Agency Board of Directors that it accept the Project; and
WHEREAS, Section 33220 of the Law authorizes the City to aid and cooperate in
the planning, undertaking, construction, or operation of redevelopment projects; and
WHEREAS, Sections 33126 and 33128 of the Law authorize the Agency to have
access to the services and facilities of the various departments and offices of the City and to
contract with the City for the furnishing of any necessary staff services associated with or
required by redevelopment; and
WHEREAS, in furtherance of the Redevelopment Plan for the Project Area, the
Agency has requested that the City aid and cooperate in the undertaking of the construction
of the pedestrian crossing by entering into a Cooperation and Reimbursement Agreement
with the Agency, pursuant to which the City will supervise the construction by SCRRA of
the Project in accordance with the terms and provisions of the SCRRA Agreement and, in
return, will be paid by the Agency for the City's administrative costs and salary expenses
attributable to costs incurred by the City for the rendition of such services; and
WHEREAS, this City Council desires to aid and cooperate in the implementation of
the Redevelopment Project and to furnish the services and facilities of the Director of Public
Works and her staff to satisfy the Agency's obligations set forth in the SCRRA Agreement
pursuant to the terms and provisions of the Cooperation and Reimbursement Agreement in
the form presented at this meeting; and
WHEREAS, the Agency's operation, maintenance and repair of the Project III
accordance with the terms of the SCRRA Agreement will benefit the City; and
WHEREAS, other than the agreement of the Agency to operate, maintain and repair
the Project, no other reasonable means of financing the operation, maintenance and repair of
the Project are available to the community; and
WHEREAS, the Agency's payment of funds for the cost of the operation,
maintenance and repair of the Project in accordance with the terms of the SCRRA
Agreement and the construction of the Project, itself, will assist in the elimination of one or
2
more blighting conditions inside the Project Area, and is consistent with the Implementation
Plan adopted by the Agency for the Project Area pursuant to Section 33490 of the Health and
Safety Code; and
WHEREAS, this City Council has duly considered all terms and conditions of the
SCRRA Agreement and the Cooperation and Reimbursement Agreement and believes that
the Project and the obligations of the Agency under the SCRRA Agreement are in the best
interest 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,
and that such activities promote the objectives of the Law, as well as the Redevelopment
Plan for the Project Area.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Orange as follows:
1. The foregoing recitals are true and correct.
2. The Project is of benefit to the Project Area and the immediate neighborhood
in which the Project is located; that other than the agreement of the Agency to operate,
maintain and repair the Project, no other reasonable means of financing the operation,
maintenance and repair of the Project are available to the community; and the Agency's
operation, maintenance and repair of the Project in accordance with the terms of the SCRRA
Agreement will assist in the elimination of one or more blighting conditions inside the
Project Area, and is consistent with the Implementation Plan adopted by the Agency for the
Project Area pursuant to Section 33490 of the Health and Safety Code.
3. The terms and provisions of the Cooperation and Reimbursement Agreement
in the form as submitted by the City Manager is hereby approved, and the Mayor is hereby
authorized to execute, and the City Clerk to attest, the Cooperation Agreement on behalf of
the City.
4. Except as may otherwise be provided in the Cooperation and Reimbursement
Agreement, the Chairman is hereby further authorized and directed to execute on behalf of the
Agency all documents necessary and appropriate to carry out and implement the Cooperation
and Reimbursement Agreement and to administer the Agency's obligations, responsibilities and
duties to be performed thereunder.
ADOPTED this lih day of February, 2008
3
ATTEST:
At 8
Mary E.City Cle ,
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 1ih day of February, 2008 by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
4