RES-9300 Approving Cooperation Agreement with the Redevelopment Agency Related to Katella Ave. Streetscape Improvements and Agreement with Syufy EnterprisesRESOLUTION NO. 9300
A
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE APPROVING (1) A COOPERATION
AGREEMENT WITH THE ORANGE
REDEVELOPMENT AGENCY RELATING
TO THE KATELLA AVENUE STREETSCAPE
IMPROVEMENTS ADJACENT TO THE
STADIUM PROMENADE THEATER AND RETAIL
COMPLEX, AND (2) A GRANT OF EASEMENTS,
LANDSCAPE MAINTENANCE AGREEMENT
AND OPTION TO PURCHASE WITH 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 amended by Ordinance No. 23-94 adopted by the City Council on June
28,1994;
and WHEREAS, pursuant to the Community Redevelopment Law of the State
of CalHornia (Health and Safety Code Sections 33000 et seq.) (herein referred to as
the Law"), the Orange Redevelopment Agency (the "Agency") is carrying out
the Rede:velopment 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, Section 33445 of the Law authorizes the Agency to enter into
a contract with the City for the reimbursement of the costs of certain public
improvements enumerated in the Redevelopment Plan upon the making of certain findings;
and
1"'.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;
WHEREAS, the City desires to construct the Katella Avenue Streetscape
Improvements, as more particularly described in plans therefor approved by the City
Council of the City of Orange on April 11, 2000 (herein referred to as the "Plans"), which -.Plans
are on file as a public record in the Office of the City Clerk and are incorporated herein
by this reference (herein referred to as the "Improvements"). The Improvements will
be located along a portion ofthe Katella Avenue right-of-way and on City-
owned real property located immediately adjacent to that portion of the Katella
Avenue
right-of-way;and WHEREAS, in furtherance of the Redevelopment Project,
the Agency and the City desire to enter into a Cooperation Agreement in the
form attached hereto (the Agreement") pursuant to which the City will cause the Improvements
to be installed and constructed, 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, the Improvements are of benefit to the 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 Retail Complex located immediately
adjacent to the City-owned real property upon which the Improvements will
be constructed, and facilitate improved pedestrian access to the Stadium Promenade and Retail
Complex from the Katella Avenue right-of-way and land uses located
westerly of
the Stadium Promenade and Retail Complex; and WHEREAS, no other
reasonable means of financing such Improvements are available to the community in that the
cost of the Improvements exceeds the financial ability of the City to pay, no private sources of
funding are available, and all state and
federal grant alternatives have been exhausted; and WHEREAS, the payment of funds for the
cost of the Improvements will assist in the c~limination of one or more blighting
conditions inside the Project Area, and is consistent with the Implementation Plan adopted
by the Agency for the Project Area pursuant to Section 33490
of
the Health and Safety Code; and WHEREAS, the City Council desires to
make a portion of the Improvements available to Syufy Enterprises, a California limited
partnership, the owner of the Stadium Promenade and Retail Complex ("Syufy"), and
its business invitees, guests and employees and those of Syufy' s tenants for pedestrian
access
the
Katella Avenue right-of-way in consideration for Syufy's covenant and agreement
to maintain, repair, replace and restore a certain portion of the Improvements upon the
terms and provisions of that certain Grant of Easements, Landscape Maintenance Agreement
and Option to Purchase (the "Syufy Agreement") in the form presented to this City
Council;
and WHEREAS, as authorized by Section 37350 of the Government Code of
the State of California, the City Council finds and determines that the grant of an option
to Syufy to purchase a portion of the City-owned real property for inclusion
within the future expansion of the Stadium Promenade and Retail Complex upon
and in accordance with the terms of the Syufy Agreement is for the common benefit
of the City's
citizens; and WHEREAS, Syufy desires to maintain, repair, replace and restore a portion
of the Improvements in accordance with the terms and provisions of the Syufy
Agreement; and WHEREAS, as the lead agency under the California Environmental
Quality Act CEQA"), the City Council has previously determined that 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 and that, therefore, pursuant
to Section 15301 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 of
CEQA; and WHEREAS, the City Council has duly considered all of the terms
and conditions of the proposed Syufy Agreement and believes that the use of the Property
and the potential sale of a portion thereof pursuant to the terms and provisions of
theSyufy Agr€::ement 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:r
Section I:The City Council hereby determines that the Improvements are of benefit
to the Project Area and the immediate neighborhoods in which the Project Area is
located, that no other reasonable means of financing such Improvements are available
to the community except as provided in the Agreement, that the payment of funds for the
cost
r-
the Improvements will assist in the elimination of one or more blighting conditions inside
the Project Area, and is consistent with the Implementation Plan adopted by the Agency
for the Project Area pursuant to Section 33490 of the Health and Safety Code. --..Section
II:The
City Council hereby consents to the undertaking of the Improvements in accordance
with the Agreement. The determination that the Improvements will benefit the Proj,
ect Area is based upon the fact that the Improvements will assist in providing substantial
circulation, safety and appearance improvements which will enhance growth in the
e:ntire Project Area.Section
III:The
City Council hereby finds and determines that the terms and provisions of the Grant
of Easements, Landscape Maintenance Agreement and Option to Purchase 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 Grant
of Easements, Landscape Maintenance Agreement and Option to Purchase on behalf of
the City.Section
IV:The
Mayor is hereby further authorized and directed to execute on behalf of the City
all documents necessary and appropriate to carry out and implement the Grant of Easements,
Landscape Maintenance Agreement and Option to Purchase and to adm:
lnister the City's obligations, responsibilities and duties to be performed thereunder.ADOPTED
this 11th day of July, 2000.ATTEST:
A~
Cassandra
J.
Cathc ,City Clerk of the City of Orange 4
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 11 th day of
July, 2000 by the following vote:
AYES:
COUNCIL MEMBERS: MURPHY, SLATER, COONTZ, SPURGEON, ALVAREZ NOES:
COUNCIL MEMBERS: NONE ABSENT:
COUNCIL MEMBERS: NONE ABSTAIN:
COUNCIL MEMBERS: NONE Orange
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