RES-10179 Cooperation & Reimbursement Agreement Traffic Signal Installation Manchester Ave. Compton Ave.RESOLUTION NO. 10179
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE APPROVING A COOPERATION AND
REIMBURSEMENT AGREEMENT WITH THE ORANGE
REDEVELOPMENT AGENCY FOR A TRAFFIC
SIGNAL INSTALLATION AT MANCHESTER
AVENUE AND COMPTON AVENUE 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 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 13,2001 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 City desires to install traffic signal improvements, including pavement
re-striping, at the intersection of Manchester A venue and Compton A venue within the Project Area,
as described on Exhibit A attached to the Agreement (as that term is defined herein below) and
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 is consistent with the Agency's adopted Implementation Plan;
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 is consistent with the Agency's
adopted Implementation Plan; 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 Agency and the City desire to enter into
that certain Cooperation and Reimbursement Agreement (Manchester Avenue and Compton Avenue
Trajjic Signal 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
the Agency's portion of the costs of such Public Improvements in an amount not to exceed Two
Hundred Thousand and No/100 Dollars ($200,000.00), 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 streets, 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 ofCEQA; 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.
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.
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 is consistent with the Agency's adopted Implementation Plan.
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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 24th day of April, 2007.
ATTEST:
r
U~L'
Mary E. M~ity Clerk, Ci range
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 24th day of April, 2007, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Murphy, Cavecche, Bilodeau
COUNCILMEMBERS: Dumitru
COUNCILMEMBERS: None
COUNCILMEMBERS: None
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