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RES-10509 Cooperation Agreement ApprovalRESOLUTION NO. 10509 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING AND AUTHORIZING THE EXECUTION OF A COOPERATION AGREEMENT WITH THE ORANGE REDEVELOPMENT AGENCY RELATING TO REIMBURSEMENT BY THE ORANGE REDEVELOPMENT AGENCY FOR A PORTION OF THE COST OF STREET WIDENING AND IMPROVEMENTS AFFECTING THE INTERSECTION OF TUSTIN STREET AND MEATS AVENUE WITHIN THE ORANGE MERGED AND AMENDED REDEVELOPMENT PROJECT AREA. WHEREAS, the City of Orange (the City) is a municipal corporation, which exercises governmental functions and powers and is organized and existing under the laws of the State of California; and WHEREAS, the Orange Redevelopment Agency, a public body, corporate and politic the Agency), has been duly created, established and authorized to transact business and exercise its powers under and pursuant to the Community Redevelopment Law (commencing with Section 33000 of the Health and Safety Code of the State of California and herein referred to as the Redevelopment Law); and WHEREAS, the Amended and Restated Redevelopment Plan (the Redevelopment Plan) for the Orange Merged and Amended Redevelopment Project Area (the Redevelopment Project Area) was duly approved by the City Council on November 27, 2001 by Ordinance No. 21 -01, pursuant to the Redevelopment Law; and WHEREAS, pursuant to the Redevelopment Law, the Agency is engaged in activities necessary to carry out and implement the Redevelopment Plan for the Redevelopment Project Area; and WHEREAS, the City desires to reconstruct, rehabilitate, widen and/or replace the streets, sidewalks, curbs and gutters, and traffic signals affecting the intersection of Tustin Street and Meats Avenue (the Public Improvements), which Public Improvements will be located within the boundaries of the Redevelopment Project Area; and WHEREAS, the City has requested the Agency to assist with funding a portion of the cost of the Public Improvements because the City has limited means available to it for financing the total costs of the Public Improvements; and WHEREAS, Section 33445 of the Redevelopment Law authorizes the Board of Directors or the Agency (herein referred to as the Agency Board), with the consent of the City Council, to, among other things, pay all or a part of the value of the land for and the cost of installation and construction of any building, facility, structure, or other improvement, that is publicly owned and is located in or contiguous to the Redevelopment Project Area, upon the making of certain findings; and WHEREAS, while Section 33445 of the Redevelopment Law was amended in part by the State Legislature in 2009, the Agency Board and the City Council determined by the adoption of Resolution No. ORA -0476 and Resolution No. 10257, respectively, on February 26, 2008 that there were sufficient facts supporting the findings then in effect under Section 33445 of the Redevelopment Law for several capital projects, including the Public Improvements, which determination was made in connection with the Agency Board's authorization of the issuance of the Agency's Orange Merged and Amended Redevelopment Project Area 2008 Tax Allocation Bonds, Series A to finance the costs of said capital projects; and WHEREAS, as the lead agency under the California Environmental Quality Act Public Resource Code Section 21000 et seq.; herein referred to as CEQA), the City Council reviewed and considered the information contained in Mitigated Negative Declaration No. 1814 -09 (MND) at its regular meeting of June 23, 2009, which MND concluded that the potential significant adverse effects of the Public Improvements could be mitigated to the extent that they would not have a significant effect on the environment. Accordingly, by the adoption of Resolution No. 10391 on June 23, 2009, the City Council approved the MND and the mitigation monitoring and reporting program for the MND; and WHEREAS, in furtherance of the Redevelopment Plan for the Redevelopment Project Area and the public purposes of both the Agency and the City, the Agency and the City desire to enter into that certain Cooperation Agreement for the Provision of Public Improvements of Benefit to the Orange Merged and Amended Redevelopment Project Area (Tustin Street and Meats Avenue Improvements) in the form presented at the meeting at which this Resolution is adopted (the Cooperation Agreement), pursuant to which Cooperation Agreement the City will cause the Public Improvements to be installed and constructed and thereafter maintained, and the Agency will pay or reimburse the City for the Agency's portion of the costs of such Public Improvements in the amount not to exceed One Million Five Hundred Thousand and No /100 Dollars ($1,500,000.00), as more particularly set forth in the Cooperation Agreement; and WHEREAS, the City Council has duly considered all of the terms and conditions of the proposed Cooperation Agreement and believes that the Cooperation 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. PA NOW, THEREFORE, the City Council of the City of Orange resolves, finds and determines, on the basis of the facts set forth in the agenda report presented to it and any testimony received at the meeting at which this matter was considered, as follows: 1. The foregoing recitals are true and correct. 2. In accordance with Section 15096 of the State CEQA Guidelines, none of the conditions set forth in Section 15162 of the State CEQA Guidelines calling for the preparation of a supplement to the MND have occurred. 3. The findings and determinations required to be made by the City Council under Section 33445 of the Redevelopment Law (as then constituted), relative to the Public Improvements by the adoption of its Resolution No. 10257 on February 26, 2008, are hereby reaffirmed and ratified. 4. The Cooperation Agreement between the Agency and the City, a copy of which is on file with the City Clerk, is hereby approved, and the Mayor is authorized and directed to execute, and the City Clerk to attest, said Cooperation Agreement on behalf of the City. 5. 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 Cooperation Agreement are ratified and approved. ADOPTED this 14 day of September, 2010 ATTEST: Mary E. u , City Clerk, i range 3 I, MARY E. MURPHY, City Clerk of the City of Orange, California, do 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 14 day of September, 2010, by the following vote: AYES:COUNCILMEMBERS:Smith, Murphy, Cavecche, Dumitru, Bilodeau NOES:COUNCILMEMBERS:None ABSENT:COUNCILMEMBERS:None ABSTAIN:COUNCILMEMBERS:None Mary E. y, City Clerk, Orange a in