RES-9702 Cooperation & Reimbursement Agreement For Construction of Public ImprovementsRESOLUTION NO. 9702
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE APPROVING AND AUTHORIZING THE
EXECUTION OF A COOPERATION AND
REIMBURSEMENT AGREEMENT BY AND BETWEEN
THE CITY OF ORANGE AND THE ORANGE
REDEVELOPMENT AGENCY FOR THE CONSTRUCTION
OF PUBLIC IMPROVEMENTS - WIDENING OF WEST CHAPMAN
AVENUE BETWI:EN THE ORANGE FREEWAY (
SR57) AND MAIN STREET WHEREAS,
the Orange Redevelopment Agency (the Agency) is a duly constituted redevelopment
agency under the laws of the State of California, and pursuant to such laws is responsible
for redevelopment of the redevelopment project areas within the City of Orange (the City);
and N'
HEREAS, the City, in accordance with its Seven Year Capital Improvement Program,desires
to implement a plan to widen West Chapman A venue between the Orange Freeway SR57)
and Main Street within the Orange Merged and Amended Redevelopment Project Area the
Project Area); such widening activities constitute the Public Improvements as generally described
in the Scope of Improvements attached as Exhibit B to the Cooperation and Reimbursement
Agreement by and between the City of Orange and the Orange Redevelopment Agency
for the Construction of Public Improvements of Benefit to the Orange Merged and Amended
Redevelopment Project Area (the Agreement); and VHEREAS,
pursuant to Section 33445 of the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.), the Public Improvements are provided for in
the Redevelopment Plan for the Project Area, and the Agency desires to cause their implementation;
and VHEREAS,
the Agency and the City have determined that the Public Improvements are of
benefit to the Project Area and the immediate neighborhoods in which the Project Area is located;
that the Agency's financial participation in the construction of the Public Improvements will
bent:~fit the City and that the City has or will have the ability to maintain such improvements;and
VVHEREAS,
the City and the Agency have similar public purposes for the construction of
the Public Improvements; and Vv'
HEREAS, in furtherance of the public purposes of the Agency and the City, the Agency
and the City desire to enter into the Agreement under which the City will pay the cost of constructing
the Public Improvements and, thereafter, the Agency will reimburse the City for the Agency'
s share of the costs of the Public Improvements in the amount not to exceed Six Hundred Forty-
Nine Thousand Thirty-Seven Dollars ($649,037.00);
VHEREAS, there are no other reasonable means of funding the Agency's portion of the
costs of the engineering and construction of the Public Improvements other than the funds
provided by the Agency.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange
as follows:
Section 1. The City Council hereby determines that the Agreement is of benefit to the
Project Area, that no other reasonable means of financing the actions contemplated by the
Agreement are available to the community, and that the Public Improvements will assist in the
elimination of one or more blighting conditions inside the Project Area and are consistent with
the Implementation Plan adopted for the Project Area.
Section 2. The City Council hereby finds and determines that the Agreement is 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.
Section 3. The Agreement between the Agency and the City, a copy of which is on file
with the City Clerk, is hereby approved, and the Mayor is authorized and directed to execute said
Agreement on behalf of the City.
Section 4. City staff is hereby authorized and directed to take any appropriate action
consistent with the purposes of this Resolution and the Agreement approved hereby to carry out
the Agreement on behalf of the Agency.
ADOPTED this 25th day of February, 2003.
M?1jM~hY'M City of Orange
ATTEST:
A~
Cassandra J. Cath , City Clerk, City of Orange
I, CASSANDRA 1. CATHCART, City Clerk ofthe City of Orange, 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 25th day of February, 2003, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
AMBRIZ, ALVA.REZ, MURPHY, COONTZ, CAVECCHE
NONE
NONE
NONE
t!,~~1:;t/;'~~Cassandra J. Cathc .. , City Clerk, City of Orange
EXHIBITB
SCOPE OF IMPROVEMENTS
The West Chapman Avenue Widening Project is identified as Project No. 4038 in the City of
Orange Seven Year Capital Improvement Program for Fiscal Years 2002-2003 to
2008-2009.The projl~t consists of widening West Chapman Avenue from SR57 to Main Street
to enhance and facilitate traffic flow on West Chapman Avenue. Project designandright-of-way acquisition are complete. Construction will begin in September 2003 andwillbe