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RES-9338 Cooperation Agreement with Redevelopment Agency with Relation to Metrolink Station Restroom ImprovementsRESOLUTION NO. 9338 r- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING A COOPERATION AGREEMENT WITH THE ORANGE REDEVELOPMENT AGENCY RELATING TO THE METROLINK STATION RESTROOM IMPROVEMENTS ON NORTH ATCHISON STREET AND APPROVING THE AWARD OF CONTRACT FOR BID NO. 990-46 TO HOLLISTER CONSTRUCTION COMPANY WHEREAS, 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 th,e 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 City desires to construct the Metrolink Station Restroom Improvements at the historic Santa Fe Depot property ( the "Property"), which Property is owned by the Agency and generally located on North Atchison Street, as more particularly described in plans therefor approved by the City Council of the City of Orange (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"); 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 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 the lead agency under the California Environmental Quality Act CEQA"), the City Council has previously determined that the Improvements are within that dass 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 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; and WHEREAS, pursuant to notice provided according to law, bids for the Improvements have been received, publicly opened, declared and evaluated; and WHEREAS, the City Manager reports that the lowest responsible bid for the Improvements was received from Hollister Construction Company, that the bid is as set forth below, and he recommends that the bid be accepted. 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 in accordance with the Agreement. Section II: The City Council hereby finds and determines that the terms and provisions of the Agret~ment 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. 2 Section III: r- The lowest responsible bid for the Improvements is Hollister Construction Company, whose: address is 1284 E. Katella Avenue, Anaheim, California, and whose total lump sum price of$39,211 for the Improvements is accepted and, accordingly, the contract for Bid No. 990-46 is awarded to Hollister Construction Company, subject to an additive change order in the amount of$4,763, which is hereby approved.Section IV:The Mayor is hereby further authorized and directed to execute, and the City Clerk to attest, the contract with Hollister Construction Company, together with any and all documents necessary and appropriate to carry out and implement said contract on behalf of the City.Section V: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 performed 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 and approved.ADOPTED this 10th day of October, 2000. l~ 7 e Coontz, Mayor of the C' ATTEST: r- 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 October, 2000 by the following vote: --...AYES: COUNCIL MEMBERS: MURPHY, SLATER, MAYOR COONTZ, SPURGEON, ALVAREZ NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE C4AtM.-(~~ { k4'.D=e-Cassandra 1. Cat , CIty Clerk of the CIty of Orange 4 COOPERATION AGREEMENT Metrolink Station Restroom Improvements-l 86 N. Atchison Street, City of Orange)r- TIUS COOPERATION AGREEMENT is entered into as of the _ day of 2000, by and between the CITY OF ORANGE, a municipal corporation ( the City"), and the ORANGE REDEVELOPMENT AGENCY, a public body, corporate and politic the" Agency"), with reference to the following.A. WHEREAS, the City Council of the City of Orange, acting pursuant to the provisions of the California Community Redevelopment Law (Health & Safety Code Section 33000 et ~~.), has activated the Agency and declared itselfto constitute the Agency; and B. WHEREAS, Section 33220 of the Community Redevelopment Law authorizes any public; body, including the City of Orange, to assist in the planning and implementation of redevelopment projects, with or without consideration, by, among other things, causing parks,playgrounds, recreational, community, educational, water, sewer or drainage, facilities, or any other works which it is authorized to undertake, to be furnished adjacent to or in connection with redevelopment projects; and C. WHEREAS, the Agency owns that certain real property (the " Property")described in the Legal Description attached hereto as Exhibit "A" and incorporated herein by this reference, including all improvements thereon and therein (the "Improvements"), and commonly known by the street address of 186 N. Atchison Street located in the City of Orange, County of Orange, State of California, and generally described as a building formerly known as the Santa Fe Depot and adjacent landscaping, pedestrian walkways and parking; and D. WHEREAS, the Property and Improvements are located Within the Agency' s Southwest Redevelopment Project Area (the "Redevelopment Project"); and E. WHEREAS, the Agency has heretofore expressed a desire to have the public restroom ]portion of the Improvements refurbished (the "Project") and the City has expressed a desire to cooperate with the Agency by contracting for the design, remodeling, installation,construction and . subsequent maintenance of the Project after competitive bidding upon the condition that the Agency reimburse or pay the City for the City's costs associated therewith; and r-.F. WHEREAS, in furtherance of the Redevelopment Project, the Agency and the City desire to enter into this Cooperation Agreement pursuant to which the City will cause to be designed, remodeled, installed, and constructed the Project as the same is described on Exhibit B" attached hereto, and the Agency will pay the City for certain costs of such Project as more particularly set forth herein NOW, THEREFORE, the City and the Agency agree as follows: Section 1. The City agrees to provide for the Agency the Project. The Agency shall be liable to City for any amounts expended by City hereunder for the design, remodel, installation, and construction of the Project up to but not in excess of Sixty-five Thousand Dollars ($65, 000),but City shall have no obligation to proceed with such Project prior to completion of all requisite public hearings, environmental reviews and compliance with all laws relative to authorization of any of the Project. In addition, the Agency shall be liable to the City for any amounts expended by the City for the periodic and ongoing maintenance and repair of the Project. Such assistance and services may include the services of officers and employees and special consultants. Section 2. The City will keep records of activities and services undertaken pursuant to this Agreement and the costs thereof in order that an accurate record of the Agency's liability to the City can be ascertained. The City shall submit to the Agency a statement of the costs incurred by the City in rendering activities and services of the City to the Agency pursuant to this Agreement. Such statement of costs may include a pro-ration of the City's administrative and salary expense attributable to services of City officials, employees and departments rendered for the Agency pursuant to this Agreement.Section 3. The Agency agrees to payor reimburse the City for all costs incurred for services by the City pursuant to this Agreement hereunder from and to the extent that funds are available from the Redevelopment Project Area to the Agency for such purpose pursuant to Section 33670 of the Health & Safety Code or from other sources that may lawfully be used for such repayment; provided, however, that the Agency shall have the sole and exclusive right to pledge arty such sources of funds to the repayment of other indebtedness incurred by the Agency in carrying out the Redevelopment Project. The costs of the City under this Agreement will be shown on statements submitted to the Agency pursuant to Section 2 above.Section 4. The City agrees to include the Agency within the terms of the City' s insurance: policy if and to the extent such coverage is available. The Agency shall pay the City its pro rata share of the costs of insurance applicable to its activities resulting from the Agency' s inclusion in the City's policy.Section 5. The obligations of the Agency under this Agreement shall constitute an indebtedness of the Agency within the meaning of Section 33670, et ~. of the Community Redevelopment Law, to be repaid to the City by the Agency. II II II II IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. CITY" r- ATIEST:CITY OF ORANGE By: Cassandra J. Cathcart, City Clerk.Joanne Coontz, Mayor APPROVED AS TO FORM: Theodore J. Reynolds Assistant City Attorney AGENCY" ATTEST:ORANGE REDEVELOPMENT AGENCY By: Cassandra J. Cathcart, Agency Clerk Joanne Coontz, Chairman APPROVED AS TO FORM: Theodore J. Reynolds Assistant General Counsel r- EXIllBIT nAn LEGAL DESCRIPTION OF THE PROPERTY THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1 OF TWO PARCELS OF LAND IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING THAT PORTION OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED DATED AUGUST 19, 1897, TO SOUTHERN CALIFORNIA RAILWAY COMPANY (pREDECESSOR IN INTEREST TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY), RECORDED SEPTEMBER 18, 1897, IN BOOK 35, PAGE 78, RECORDS OF SAID COUNTY,DESCIUBED AS FOLLOWS:THE EASTERLY 105.84 FEET OF THE WESTERLY 125.00 FEET ON RICHARD FARM LOT NUMBER 22, AS SAID LOT 22 IS SHOWN ON MAP OF RECORDS OF LOS ANGELES COUNTY CALIFORNIA, EXCEPTING THEREFROM THE NORTHERLY 159. 00 FEET AND THE SOUTHERLY 260.00 FEET.SAID PARCEL OF LAND CONTAINS AN AREA OF 0.529 ACRES OF LAND, MORE OR LESS. EXHffiIT"B" DESCRIPTION OF THE PROJECT The City shall undertake the design and remodeling improvement of the public restrooms located at the north end of the building located on the Property in accordance with the undated Project Specifications prepared for the Project by Meyer and Associates. a copy of which is attached to the bid package for Bid Number 990-46 prepared by the City and circulated to bid proposers.