RES-10261 Cooperation & Reimbursement Agreement for Street Repairs Within Merged and Amended Redevelopment AreaRESOLUTION NO. 10261
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING A COOPERATION
AND REIMBURSEMENT AGREEMENT WITH THE
ORANGE REDEVELOPMENT AGENCY RELATING
TO REIMBURSEMENT BY THE ORANGE
REDEVELOPMENT AGENCY FOR CERTAIN
STREET REPAIRS WITHIN THE ORANGE
MERGED AND AMENDED REDEVELOPMENT
PROJECT AREA.
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, 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 rehabilitate various City streets under its Annual
Street Maintenance Program in accordance with the City's Pavement Management Plan;
and WHEREAS, a portion of streets to be rehabilitated are located within the boundaries
of the Project Area and are referred to herein as the Public Improvements;
and WHEREAS, as the lead agency under the California Environmental Quality
Act CEQA), the City Council finds and determines that the Public Improvements are within
that class of projects which consist of a minor alteration of existing public structures,
facilities,mechanical equipment, or topographical features, involving negligible or no expansion of
use beyond that previously existing and that, therefore, pursuant to Section 15301 of 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;
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; and (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 is consistent with the Agency's adopted
Implementation Plan; 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, the City Council
finds and determines that (a) the Public Improvements are of benefit to the Redevelopment
Project Area; (b) there are no other reasonable means available to the City for funding the
Agency's portion of the cost of the Public Improvements other than the funds provided by the
Agency; and (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 is
consistent with the Agency's adopted Implementation Plan; and
WHEREAS, in furtherance of the Redevelopment Plan for the Redevelopment Project
Area, 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 the City will cause the Public Improvements to
be installed and constructed and thereafter maintained, and the Agency will pay or reimburse
the City for the Agency's portion of the costs of such Public Improvements in an amount not to
exceed Five Hundred Thousand and NollOO Dollars ($500,000.00), 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 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
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 City Council hereby finds and determines that the Public
Improvements and the Agreement are exempt from the application of the California
Environmental Quality Act (Public Resource Code Section 21000 et seq.) pursuant to a Class 1
categorical exemption as set forth in Section 15301 of Title 14 of the California Code of
Regulations because the Public Improvements consist of the repair, maintenance, or minor
alteration of existing public streets involving negligible or no expansion of use.
2
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 Agency's
portion of the costs of the construction of the Public Improvements 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 City Council hereby finds and determines that the terms and provisions
of the Agreement between the City and the Agency, in the form as submitted by the City
Manager, are approved and that the Mayor is authorized to execute, and the City Clerk to
attest, the Agreement on behalf of the City.
Section 5. 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 and the contract change order for the Public Improvements are
ratified and approved.
ADOPTED this 26th day of February, 2008.
ATTEST:
Mary E.City Clerk, City 0
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 26th day of February, 2008, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
3