RES-10357 Cooperation & Reimbursement Agreement for Cost of Sidewalk Improvements within Amended Redevelopment Project AreaRESOLUTION NO. 10357
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING AND
AUTHORIZING THE EXECUTION OF A
COOPERA TION AND REIMBURSEMENT
AGREEMENT WITH THE ORANGE
REDEVELOPMENT AGENCY RELATING TO
REIMBURSEMENT BY THE ORANGE
REDEVELOPMENT AGENCY FOR A PORTION OF
THE COST OF SIDEWALK IMPROVEMENTS
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 by the City Council of the City
of Orange 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, 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 by the adoption of Ordinance No. 21-01 on November 27,2001;
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 implement a sidewalk improvement plan along
Taft Avenue from the Santa Ana River to Glassell Street, along Main Street from Walnut
Avenue to Collins Avenue, and along Main Street from Katella Avenue to Taft Avenue within
the Redevelopment Project Area, as such improvements are generally described on Exhibit
A attached hereto (herein referred to as the Public Improvements);
WHEREAS, Section 33445 of the Redevelopment Law authorizes the Agency, with
the consent of the City Council, to pay all or a part of the cost of the installation and
construction of the Public Improvements if the City Council determines that (a) the Public
Improvements are of benefit to the Redevelopment Project Area; (b) no other reasonable means
of financing the Public Improvements are available to the City; (c) the payment of funds for the
Public Improvements will assist in the elimination of one or more blighting conditions inside the
Redevelopment Project Area; and (d) the Public Improvements are consistent with the Agency's
adopted Implementation Plan; and
WHEREAS, by the adoption of its Resolution No. 10257 on February 26, 2008, the
City Council authorized the issuance of the Orange Merged and Amended Redevelopment
Project Area 2008 Tax Allocation Bonds, Series A (the 2008A Bonds) by the Agency to
finance the costs of certain capital projects of benefit to the Project Area that were described
in a summary report (the Summary Report) made available for public inspection; and
WHEREAS, by the adoption of its Resolution No. ORA-0476 on February 26,
2008,the Board of Directors of the Agency (the Agency Board) authorized the issuance of
its 2008A Bonds to finance the costs of the capital projects described in the Summary Report,
as well as other public improvements complying with the applicable requirements of
the Redevelopment Law;
and WHEREAS, while the Public Improvements were not included within the list
of capital projects described in the Summary Report, the Agency is authorized to use
the proceeds of the 2008A Bonds to finance all or a portion of the cost of the
Public Improvements so long as the City Council is able to make the determinations required to
be made pursuant to Section 33445 of the Redevelopment Law;
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 and Reimbursement Agreement for the Provision of
Public Improvements of Benefit to the Orange Merged and Amended Redevelopment Project
Area Sidewalk Improvement Plan) 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 payor reimburse the City for the Agency's portion of the costs of such Public Improvements
in the amount not to exceed One Hundred Ninety Thousand and No/lOO Dollars ($190,000.
00),as more particularly set forth in the Agreement;
and WHEREAS, 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, this
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 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
WHEREAS, in accordance with the environmental regulations of the Federal
Highway Administration (FHW A) that were adopted to implement the National
Environmental Policy Act (NEP A) requirements for surface transportation projects, and
pursuant to the authority granted by the FHW A to the Department of Transportation of the
State of California (CalTrans), CalTrans has determined that the Public Improvements
consist of an activity that is a "Categorical Exclusion" under 23 Code of Federal Regulations
Part 771 and are, therefore, excluded from the requirements under NEP A to prepare an
Environmental Assessment or Environmental Impact Statement; 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
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 construction of the Public Improvements will not cause a significant effect
on the environment and are, therefore, categorically exempt from the provisions
of CEQA.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:Section 1.The foregoing recitals are true
and correct.Section 2. The Public Improvements and the Agreement 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.Section 3. The Public Improvements are of benefit
to the Redevelopment Project Area, 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; the payment of funds for the Public Improvements
will assist in the elimination of one or more blighting conditions inside the
Redevelopment Project Area and is consistent with the Agency'
s adopted Implementation Plan.Section 4. The terms and provisions of the Agreement 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
Section 5. The City Council hereby approves payment by the Agency for the cost
of the Public Improvements from funds legally available to the Agency, including tax
increment revenues from the Redevelopment Project Area and the proceeds from the
issuance of the 2008A Bonds.
Section 6. 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 under the Agreement, and all actions (if any)
previously taken by such officers and employees in connection with the Agreement are
ratified and approved.
ADOPTED this 10th day of March, 2009.
ATTEST:
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 10th day of March, 2009, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
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