RES-ORA-0517 Cooperation & Reimbursement Agreemtn ApprovalRESOLUTION NO.ORA-
0517 RESOLUTION OF THE
ORANGE REDEVELOPMENT AGENCY APPROVING
AND AUTHORIZING THE EXECUTION OF
A COOPERATION AND
REIMBURSEMENT AGREEMENT WITH THE CITY OF
ORANGE RELATING TO REIMBURSEMENT BY
THE ORANGE REDEVELOPMENT AGENCY FOR
A PORTION OF THE COST OF STREET
REPAIRS 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, 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 repair, reconstruct, rehabilitate and/
or replace various City streets sidewalks, curbs and gutters within the boundaries of
the Redevelopment Project Area (herein referred to as the Public
Improvements); 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 of the Public
Improvements; 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 the
a) That the acquisition of land or the installation or construction of the buildings,
facilities, structures, or other improvements are of benefit to the Redevelopment
Project Area by helping to eliminate blight within the Redevelopment Project
Area or providing housing for low- or moderate-income persons;
and b) That no other reasonable means of financing the acquisition of the land
or installation or construction of the buildings, facilities, structures, or
other improvements are available to the community;
and c) That the payment of funds for the acquisition of land or the cost of the
buildings,facilities, structures, or other improvements is consistent with the
implementation plan adopted by the Agency pursuant to Section 33490 of the Redevelopment
Law herein referred to collectively as the 33445
Findings).WHEREAS, by the adoption of its Resolution No. ORA-0476 on February
26, 2008,the Agency Board authorized the issuance of its Orange Merged
and Amended Redevelopment Project Area 2008 Tax Allocation Bonds, Series A (the 2008A
Bonds) to finance the costs of certain capital projects of benefit to the Redevelopment
Project Area,including a portion of the Public
Improvements; and WHEREAS, before the Agency Board adopted Resolution No.
ORA-0476, the Agency made available for public inspection a summary report (the
Summary Report), which included all of the following: (i) an estimate of the amount of
tax increment revenues allocated to the Agency, which the Agency proposed to use to pay for all or part
of the cost of the capital projects described in the Summary Report; (ii) the
facts supporting the determinations required to be made by the Agency pursuant to Section
33445 of the Redevelopment Law then in effect; and (iii) the redevelopment purpose for
which such tax increment revenues would be used to pay for said
capital projects; and WHEREAS, before it adopted Resolution No. ORA-
0476, the Agency Board,pursuant to Section 33679 of the Redevelopment Law, held a public
hearing with the City Council with respect to use of tax increment revenues for the
capital projects then proposed to be financed by the issuance of the 2008A Bonds and
received evidence concerning the
public benefits therefrom; and WHEREAS, by the adoption of Resolution No.
ORA-0476 and Resolution No.10257, the Agency Board and the City Council,
respectively, determined that there were sufficient facts supporting the determinations required to be made
by the Agency and the City Council pursuant to Section 33445 of the Redevelopment Law
then in effect for the capital projects described in the Summary Report, including
some portion of the Public Improvements; to wit, that (i) said capital projects are
of benefit to the Redevelopment Project Area; (ii) said capital projects will assist in the elimination
of one or more blighting conditions inside the Redevelopment Project Area andare
consistent with the Agency's adopted Implementation Plan for the Project Area; and (iii) for
that portion of said capital projects to be funded by the Agency, no other reasonable source
of financing said portion of the capital projects is
available
WHEREAS, in light of the fact that Section 33445 of the Redevelopment Law has
been amended, in part, subsequent to the date of adoption of the aforementioned Resolutions
No. ORA-0476 and 10257, this Agency Board desires to make the findings required by
the current version of Section 33445 of the Redevelopment Law in connection with the
Public Improvements;
and WHEREAS, by its adoption of Resolution No. 10478, the City Council of the City
of Orange applied the current version of the 33445 Findings to the Public Improvements
and has found and determined that (a) the Public Improvements are of benefit to
the Redevelopment Project Area by helping to eliminate blight within the Redevelopment
Project Area; (b) there are no other reasonable means available to the City for funding theAgency'
s portion of the costs of the construction of the Public Improvements other than the
funds provided by the Agency; (c) the payment of funds by the Agency to the City for a portion of
the cost of the Public Improvements is consistent with the Implementation Plan adopted by
the Agency pursuant to Section 33490 of the Redevelopment Law;
and WHEREAS, as a "responsible agency" under the California Environmental
Quality Act (Public Resource Code Section 21000 et seq.; herein referred to as CEQA), the
Agency Board finds and determines that the Public Improvements are within that class of
projects which consist of the repair, maintenance, and/or minor alteration of existing public
rights-of-way, sidewalks, gutters or topographical features, involving negligible or no expansion
of use beyond that previously existing and that, therefore, pursuant to Section 15301 of Title
14 of the California Code of Regulations (herein referred to as the State CEQA
Guidelines), the Public Improvements will not cause a significant effect on the environment
and are,therefore, categorically exempt from the provisions of CEQA. The City
Council has authorized and directed the City Clerk to file a Notice of Exemption with the
Orange County
Clerk-Recorder; 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 (Street Improvements) in the form presented at the meeting at which this Resolution
is adopted (the Agreement), pursuant to which Agreement the City will cause the Public
Improvements to be installed and constructed and thereafter maintained, and the Agency will pay
or reimburse the Cityfor the Agency's portion of the costs of such Public Improvements in the
amount not to exceed Nine Hundred Eighty-five Thousand and No/100 Dollars ($985,
000.00), as more particularly set forth
in the Agreement; and WHEREAS, by its adoption of Resolution No. 10478, 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 Agreement and believes that the 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
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:
1. The foregoing recitals are true and correct.
2. The Public Improvements are exempt from the application of CEQA pursuant
to a "Class 1" categorical exemption as set forth in Section 15301 of the State CEQA
Guidelines because the Public Improvements consist of the repair, maintenance, and/or minor
alteration of existing public rights-of--way, sidewalks, gutters or
topographical features,involving negligible or no expansion of use beyond that existing at the time of
the adoption of
this Resolution.3. The Public Improvements are of benefit to the Redevelopment Project
Area by helping to eliminate blight within the Redevelopment
Project Area.4. There are no other reasonable means available to the City for
funding the Agency's portion of the costs of the construction of the Public Improvements other
than the funds provided by
the Agency.5. The payment of funds by the Agency to the City for a portion of the cost
of the Public Improvements in an amount not in excess of $985,000.00 in accordance with
the terms and provisions of the Agreement is consistent with the Implementation Plan adopted
by the Agency pursuant to Section 33490 of the
Redevelopment Law.6. The 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 Agreement on
behalf of
the Agency.7. 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 Agreement are ratified
and approved.ADOPTED this 22"d day of
June,
ATTEST:
Mary~~ l~, Agency ~~
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 22"d day of June,
2010, by the following vote:
AYES: DIRECTORS: Smith, Murphy, Cavecche, Dumitru, Bilodeau
NOES: DIRECTORS: None
ABSENT: DIRECTORS: None
ABSTAIN: DIRECTORS: None
Mary E. Murg~° Agency Cler
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