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RES-ORA-0413 Cooperation & Reimbursement Agreement for Landscape & Irrigation ImprovementsRESOLUTION NO. ORA- 0413 RESOLUTION OF THE ORANGE REDEVELOPMENT AGENCY APPROVING AND AUTHORIZING THE EXECUTION OF A COOPERATION AND REIMBURSEMENT AGREEMENT WITH THE CITY OF ORANGE FOR LANDSCAPE AND IRRIGATION IMPROVEMENTS IN THE VICINITY OF THE CITY DRIVE AND INTERSTATE 5 INTERCHANGE 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 Area within the City of Orange the Cily); and WHEREAS, the City, in accordance with that certain Memorandum of Understanding by and between the City of Orange and the City of Anaheim Regarding the 1-5 Freeway Corridor TEA-21 Landscaping Project (the MOD), desires to implement a plan for the improvement of landscaping along the 1-5 freeway c:orridor within the boundaries of both the City of Orange and the Orange Merged and Amended Redevelopment Project Area (the Public Improvements). The Public Improvements are more particularly described on those certain Plans for the Construction of Highways and Streets Landscape Project TEA 21 Landscape & Irrigation Improvement from SR-22 to City of Anaheim City Limit, prepared in the office of Lynn Capouya, Inc., consisting of 17 sheets and approved by the City's Director of Public Works on February 13, 2002 (the Plans). The Plans are on file as a public record in the Office of the City's Public Works Director and are incorporated herein by this reference as though fully set forth; and WHEREAS, 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 An~a, and the Agency desires to cause their implementation; and WHEREAS, the Agency and the City have determined that the Public Improvements are of benefit to the Project Area and the immediat{: neighborhoods in which the Project Area are located; that the Agency's financial participation in the engineering and construction of the Public Improvements will benefit the City, <md that the City has or will have the ability to maintain (or cause to be maintained) such improvements; and WHEREAS, the City and the Agency have similar public purposes for the construction of the Public Improvements; and WHEREAS, in furtherance of the public purposes of the Agency and the City, the Agency and the City desire to enter into that certain Cooperation and Reimbursement Agreement By and Between the City of Orange and the Orange Redevelopment Agency for the Provision of Public Improvements of Benefit to Redevelopment Project Area (Landscape & Irrigation Improvements from SR-22 to City of Anaheim City Limit) (the Agreement) under which the City will pay the cost of engineering and constructing the Public Improvements, and thereafter, the Agency will reimburse the City for the Agency's share of the cost of the Public Improvements in the amount not to exceed One Hundred Sixty-five Thousand Dollars ($165,000. 00); and WHEREAS, there are no other reasonab1le 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; and WHEREAS, as the lead agency under the California Environmental Quality Act CEQA) and the National Environmental Policy Act (NEP A), the City Council of the City of Anaheim has previously determined that, under NEP A, the Improvements will not have a significant adverse impact upon the environment and, that under CEQA, the Improvements are within that class of projects which consists 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. Moreover, the City Council of the City of Anaheim found that the Improvements are categorically exempt pursuant to NEP A and Section 15301 of the State CEQA Guidelines; and WHEREAS, the Board of Directors of the Orange Redevelopment Agency, as a responsible agency under NEP A and CEQA, has duly considered the environmental dete:rmination made by the City Council of the City of Anaheim and all of the terms and conditions of the proposed Agreement and believes that the Public Improvements are 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, BE IT RESOI,VED by the Orange Redevelopment Agency as fi)llows:Section 1. The foregoing recitals are true and correct.Section 2. The Agency hereby detemlines 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 3. The Agency hereby finds and determines that the Agreement is exempt from the application of the California Environmental Quality Act (Public Resource Code Se<;tion 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 4. The Agreement between the Agency and the City, a copy of which is on file with the Agency Clerk, is hereby approved, and the Agency Chairman is authorized and directed to execute said Agreement on behalf of Section 5. Agency 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 9th day of July, 2002. ATTEST: r!aU<A~1i{l,4~.-(~Cassandra J. Cath , Clerk hereby certify that the foregoing Resolution was duly and regularly adopted by the Orange Redevelopment Agency at a regular meeting thereof held on the 9th day of July, 2002 by the following vote:AYES: DIRECTORS:NOES: DIRECTORS:ABSENT: DIRECTORS:ABSTAIN: DIRECTORS:SLATER, ALVAREZ, MURPHY, COONTZ, CAVECCHE NONE NONE NONE 4~~~ f~~A~Cassandra J. Cath#, Clerk