RES-9430 Traffic Signal and Easement Agreement SYUFY EnterprisesRESOLUTION NO. 9430
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING A TRAFFIC
SIGNAL AND EASEMENT AGREEMENT
BETWEEN THE CITY OF ORANGE AND SYUFY
ENTERPRISES, A CALIFORNIA LIMITED
PARTNERSHIP
WHEREAS, by Ordinance No. 22-88 adopted on June 28,1988, the City Council
of the City of Orange adopted and approved a certain Redevelopment Plan (the "Redevelopment Plan") for the Northwest Redevelopment Project Area, which was thereafter amendedbyOrdinanceNo. 23-94 adopted by the City Council on June 28,
1994; and WHEREAS, pursuant to the Community Redevelopment Law of the
State of California (Health and Safety Code Sections 33000 et seq.), the Agency is carrying
out the Redevelopment
Plan; and WHEREAS, in order to carry out and implement the Redevelopment
Plan, the Orange Redevelopment Agency (herein referred to as the "Agency") and SyufY
Enterprises, a California limited partnership (herein referred to as "Syufy"), entered into that
certain Owner Participation Agreement, dated as of June 19, 1997, which, among other things,
provided for the expenditure of Agency funds for the construction of various
public improvements abutting real property owned by SyufY and upon which Syufy thereafter constructed
a retail commercial project cornmonly known as the "Stadium
Promenade"; and WHEREAS, Syufy thereafter sought additional financial assistance fromtheAgencyforthepurposeofconstructingasignalizedleft-turn entry and
median island modifications,traffic signal, interconnect, safety lighting system and related
improvements for vehicular access to the Stadium Promenade from Katella Avenue (the "
Traffic Signal Improvements")for the purpose of assisting in the cornmercial success of the
Stadium Promenade; and WHEREAS, at its regular meeting on January 23, 2001, the
Agency agreed to provide further financial assistance to SyufY in the form of reimbursement of a
portion of the actual costs incurred by SyufY for the construction of the
Traffic Signal Improvements.Accordingly, SyufY and the Agency entered into a First Amendment
to Owner Participation Agreement reflecting the additional financial assistance and upon the
condition, among other things, that SyufY enter into a Traffic Signal and Easement Agreement with
the City of Orange providing for the construction and installation of the
Traffic Signal Improvements,subject to certain conditions set forth in the Traffic Signal
and Easement Agreement,including the fact that SyufY will be responsible for the preparation
of plans and specifications and the construction and installation of the Traffic
Signal Improvements at SyufY's sole cost
WHEREAS, Section 33220 of the Community Redevelopment 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 Redevelopment Plan, including materials referenced therein,
enumerates certain public improvements which may be provided or contributed to by the
Agency, including, without limitation, the provision of public street, sidewalk and
landscaping improvements; and
WHEREAS, in aid of the Agency's additional support of the Stadium Promenade,
the City Council authorized the construction of the Traffic Signal Improvements at its regular
meeting on January 23, 2001; and
WHEREAS, the Traffic Signal Improvements will be of benefit to the Northwest
Redevelopment Project Area in that they will enhance the area and contribute to the
elimination of blight throughout the Project Area, and, more specifically, enhance and protect
the value, desirability and attractiveness of the Stadium Promenade and facilitate improved
vehicular access to the Stadium Promenade; and
WHEREAS, Syufy has prepared plans, specifications and estimates for the Traffic
Signal Improvements denoted "Traffic Signal & Median Improvement Plans, Katella
Avenue, 500 Feet West of Main Street (Special Project 3329-A)", consisting of four
sheets,dated as of December IS, 2000 and prepared by Joseph C. Truxaw and Associates, Inc.
and Katz, Okitsu & Associates (herein referred to as the "Plans");
and WHEREAS, Syufy desires to construct, at its sole cost and expense, the
Traffic Signal Improvements as more particularly described in the Plans and in accordance with
the Traffic Signal and Easement Agreement, in the form as submitted by the City Manager
and executed by Syufy;
and WHEREAS, as the lead agency under the California Environmental Quality
Act CEQA"), the City Council hereby finds and determines that the Traffic
Signal 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 and that, therefore,
pursuant to Section 15301 of the State CEQA Guidelines, the construction of the Traffic
Signal 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 Traffic Signal and Easement Agreement and believes that it 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.Reso No. 9430 2
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 Traffic Signal
Improvements in accordance with the Plans, which are hereby approved and will be placed
on file with the City's Public Works Department.
Section II:
The City Council hereby finds and determines that the terms and provisions of the
Traffic Signal and Easement Agreement between the City and Syufy, in the form as submitted
by the City Manager and executed by Syufy, are approved and that the Mayor is authorized to
execute, and the City Clerk to attest, the Traffic Signal and Easement Agreement on behalf of
the City.
Section III:
The Mayor is hereby further authorized and directed to execute on behalf of the City
all documents (including a Certificate of Acceptance pursuant to California Govemment
Code Section 27281) necessary and appropriate to carry out and implement the Traffic
Signal and Easement Agreement and to administer the City's obligations, responsibilities
and duties to be performed thereunder.
ADOPTED this 10th day of April, 2001.
e City of Orange
ATTEST:
Reso No. 9430 3 TJR
I 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 10th day of April,
2001 by the following vote:
AYES: COUNCIL MEMBERS: SLATER, ALVAREZ, MAYOR MURPHY, COONTZ
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
Reso No. 9430 4 TJR