RES-10155 Cooperation & Reimbursement Agreement Street Improvements Amended Redevelopment Project AreaRESOLUTION NO. 10155
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING A COOPERATION
AND REIMBURSEMENT AGREEMENT WITH THE
ORANGE REDEVELOPMENT AGENCY FOR
CERTAIN STREET IMPROVEMENTS 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, 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 13, 2001 by Ordinance No.
2101, 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 City desires to construct, or cause to be constructed, two street
improvement projects. The first project is proposed within the Taft Avenue right-of-
way from Glassell Street to Shaffer Street and within the Glassell Street right-of-
way from its intersection with Taft Avenue to a point approximately 330 feet south. The second
project is proposed at the northeast comer of the intersection of Taft Avenue and Tustin
Street. Included within the work to be performed will be the installation of sidewalk access ramps
that will be compliant with the Americans with Disabilities Act. Both projects are described on
Exhibit A to the Agreement" (as defined herein below) and are collectively referred to
herein as
the "Public Improvements"; and 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
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 costs of the construction 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 (d) the Public Improvements are 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 a Cooperation and Reimbursement
Agreement 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 payor reimburse the City for the
Agency's portion of the costs of such Public Improvements in an amount not to exceed One
Hundred Forty Thousand and No/IOO Dollars ($140,000.00), as more particularly set forth in
the Agreement; 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; 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 I:
The foregoing recitals are true and correct.
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Section II:
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 the Public Improvements are
consistent with the Agency's adopted Implementation Plan.
Section III:
The City Council hereby consents to the undertaking of the Public Improvements in
accordance with the Agreement and to that end hereby approves the Plans for the Public
Improvements.
Section IV:
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 V:
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 for the Public Improvements are ratified and approved.
ADOPTED this 23,d day of January, 2007.
I
av~6che, Mayor,
v
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ATTEST:
c~
Mary E. MurpH , City Clerk, 1 range
1, 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 23,d day of January, 2007, 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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