RES-ORA-0523 Cooperation Agreement ApprovalRESOLUTION NO.ORA -0523
RESOLUTION OF THE ORANGE
REDEVELOPMENT AGENCY APPROVING AND
AUTHORIZING THE EXECUTION OF A
COOPERATION AGREEMENT WITH THE CITY
OF ORANGE 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 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 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, pursuant to the Redevelopment Law, 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; 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 Public Improvements because the City has limited means available to it for financing the
total cost thereof; and
WHEREAS, Section 33445 of the Redevelopment Law authorizes the Board of
Directors of 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, as a responsible agency under CEQA and in accordance with Section
15096 of the State CEQA Guidelines, the Agency has independently reviewed and
considered the MND and finds and determines that 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; 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 an 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
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WHEREAS, by its adoption of Resolution No. 10509, the City Council of the City of
Orange has approved the terms and provisions of the Cooperation Agreement; and
WHEREAS, the Board of Directors 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 Agency and 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
NOW, THEREFORE, the Board of Directors of the Orange Redevelopment
Agency 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:
The foregoing recitals are true and correct.
2. The findings and determinations required to be made by the Board of
Directors of the Agency under Section 33445 of the Redevelopment Law (as then
constituted), relative to the Public Improvements by the adoption of its Resolution No. ORA-
0476 on February 26, 2008, are hereby reaffirmed and ratified.
3. The Cooperation Agreement between the Agency and the City, a copy of which
is on file with the Agency Clerk, is hereby approved, and the Chairman of the Agency Board is
authorized and directed to execute, and the Agency Clerk to attest, said Cooperation Agreement
on behalf of the Agency.
4. The officers and employees of the Agency 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 Agency'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.
V-UV
tvq'cche, Cr
ATTEST:
Mary a y, Agency C e
I hereby certify that the foregoing Resolution was duly and regularly adopted by the
Orange Redevelopment Agency at a regular meeting thereof held on the 14 day of
September, 2010, by the following vote:
AYES:DIRECTORS:Smith, Murphy, Cavecche, Dumitru, Bilodeau
NOES:DIRECTORS:None
ABSENT:DIRECTORS:None
ABSTAIN:DIRECTORS:None
4e"
Mary E. y, Agency Cle
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