RES-9601 Cooperation & License Agreement for Public Parking ImprovementsRESOLUTION NO. 9601
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING A COOPERATION
AND LICENSE AGREEMENT WITH THE ORANGE
REDEVELOPMENT AGENCY, WHEREBY THE
AGENCY WILL EXPEND AN AMOUNT NOT TO
EXCEED $225,000 FOR THE DEMOLITION OF
CERTAIN IMPROVEMENTS AT 190 S. OLIVE AND
THE CONSTRUCTION OF PUBLIC PARKING
IMPROVEMENTS THEREON.
VlIEREAS, on November 20, 1984, the City Council of the City of Orange adopted
Ordinance No. 37-84 approving the Redevelopment Plan for the Southwest
Redevelopment Project, which Redevelopment Plan was amended (i) on July 15, 1986 by Ordinance No.
20-86,ii) on July 5, 1988 by Ordinance No. 24-88, (iii) on November 22, 1994 by
Ordinance No. 22-94, and (iv) on July 9, 1996 by Ordinance No. 17-96 (collectively referred
to herein as the Redevelopment Plan"), thereby authorizing the Orange
Redevelopment Agency, a public body, corporate and politic (the "Agency"), to administer the
Redevelopment Plan for the Southwest Redevelopment Project (
the "Redevelopment Project"); and WHEREAS, pursuant to the Community Redevelopment Law
of the State of California (Health and Safety Code Sections 33000 et seq.) (herein referred
to as the "Law"),the Agency is carrying out the Redevelopment Plan for the
Redevelopment Project in the redevelopment area (
the "Project Area"); and WHEREAS, Section 33220 of the Law authorizes cities to aid
and cooperate in the planning, undertaking, construction, or operation
of redevelopment projects, including,among other things, causing public improvements to be furnished
adjacent to or in connection
with redevelopment projects; and WHEREAS, the Agency owns the real property commonly known
as 190 S. Olive,which was formerly the site of an automobile repair business most recently
known as Paul'
s Auto Repair; and WHEREAS,. the Agency purchased the property with the intent of
developing it as a parking lot once the lease with the then existing tenant expired. The
lease has expired and the Agency has heretofore prepared and obtained approval from the
City of Orange Staff Review Committee and Design Review Committee of a conceptual
parking plan for
the subject property; and WHEREAS, because the City's Public Works
Department has the expertise necessary to conduct the competitive bidding process for public
works projects and because the general contractor for the work associated with the reconstruction
Glassell Street between Almond Avenue and 300 feet south of Culver Avenue desires to use
the subject property for staging of its equipment and materials during the street reconstruction
work, the Board of Directors of the Agency had expressed its willingness to allow the City's
general contractor use the subject property as a construction staging area while final plans
and specifications for the parking lot improvements are prepared followed by the City's
handling of the competitive bidding for the demolition of existing improvements and the
subsequent construction of the public parking lot improvements on the subject property
collectively, the "Improvements"); and
WHEREAS, pursuant to the authority conferred by Section 33220 of the Law and in
furtherance of the Redevelopment Project, this City Council desires to enter into a
Cooperation and License Agreement with the Agency in the form attached hereto (the
Agreement") pursuant to which the City will cause the Improvements to be installed and
constructed and thereafter maintained, and the Agency will pay the City for certain costs of
such Improvements as more particularly set forth in the Agreement and in accordance with
that certain Cooperation Agreement dated August 18, 1983, between the City and the
Agency; and
WHEREAS, as a responsible agency under the California Environmental Quality Act
CEQA"), the City Council finds and detemlines that the Improvements are within that
classes of projects which consist of (a) the demolition and removal ofa small structure, and (b)
the minor public alteration of the land into a public parking lot, and that, therefore, pursuant to
Sections 1530 I and 15304 of the State CEQA Guidelines, the construction of the Improvements
will not cause a significant effect on the environment and is, 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, BE IT RESOLVED by the City Council of the City of
Orange as follows:
Section I:
The City Council hereby consents to the undertaking of the Improvements m
accordance with the Agreement.
Section II:
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.
Reso No. 9601 2 TJR
Section III:
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
performt:d hereunder, and all actions previously taken by such officers and employees in
connection with the Agreement and the award of the contract for the Improvements are
ratified ,md approved.
ADOPTED this 23rd day of April, 2002.
MI11~h~ayr
ATTEST:
Cassandra J. Cathc
I hereby certify that the foregoing Resolution was duly and regularly adopted by the
City COlIDcil of the City of Orange at a regular meeting thereof held on the 23rd day of April,
2002 by the following vote:
AYES: COUNCILMEMBERS: SLATER. MURPHY, COONTZ, CAVECCHE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: ALVAREZ
ABSTAIN: COUNCILMEMBERS: NONE
C!vu~~
Cassandra J. Cathcart, City Clerk of the City of Orange
Reso No. 9601 3 TJR