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RES-10393 Cooperation & Reimbursement Agreement Redevelopment Agency Railroad Grade Crossing Safety EnhancementsRESOLUTION NO. 10393 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 OF A PORTION OF THE COST OF RAILROAD GRADE CROSSING SAFETY ENHANCEMENTS AND IMPROVEMENTS AT CERTAIN GRADE CROSSINGS WITHIN THE CITY. 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 ofthe 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 Southern California Regional Rail Authority (SCRRA) is a joint powers authority created to build, maintain and operate the "Metro link" commuter train system in Los Angeles, Ventura, San Bernardino, Riverside and Orange counties on rail rights-of-ways owned by its member agencies. The owner of the rail right-of-way within the City of Orange is the Orange County Transportation Authority (OCTA); and WHEREAS, SCRRA, OCT A and the City have participated in the development of a scope of work for railroad grade crossing safety enhancements and improvements at certain grade crossings within the City of Orange (the Public Improvements) for the purpose of allowing the City to request a "quiet zone" designation from WHEREAS, the City and OCT A have entered into that certain Cooperative Agreement No. C-8-0859 between Orange County Transportation Authority and City of Orange for Railroad Grade Crossing Safety Enhancements and Safety Measures Related to Quiet Zone Implementationfor Cities, dated as of November 10,2008, whereby the City and OCT A agreed (i) to cooperate to complete the Public Improvements, and (ii) to a cost sharing formula of 88 percent provided by OCTA and 12 percent provided by the City (herein referred to as the City's Share); and WHEREAS, the City and SCRRA have entered into that certain Railroad Grade Crossing Safety Enhancements and Safety Measures Related to Quiet Zone Implementation for the City of Orange, dated as of November 4, 2008, whereby SCRRA agreed to be responsible for the construction of the Public Improvements in accordance with the scope of work and agreement established by and between SCRRA and OCT A; and WHEREAS, Section 33445 of the Redevelopment Law authorizes the Agency, with the consent of the City Council, to, among other things, pay all or a part of the cost of installation and construction of certain public improvements, which are or will, upon completion, become publicly owned and are located either within or outside the boundaries of the Redevelopment Project Area, upon a determination by the Agency Board and the City Council that (a) such public improvements are of benefit to the Redevelopment Project Area;b) no other reasonable means of financing such public improvements are available to the City;c) the payment of funds for such buildings, facilities, structures or other improvements will assist in the elimination of one or more blighting conditions inside the Redevelopment Project Area; and (d) such public improvements are consistent with the Agency' s adopted Implementation Plan; 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 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 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; 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 WHEREAS, by the adoption of Resolution No. ORA-0476 and Resolution No.10257, the Agency Board and the City Council, respectively, have 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 for the capital projects described in the Summary Report, including 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 and are consistent with the Agency's adopted Implementation Plan for the Redevelopment 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 to the City; and WHEREAS, since the time that the City Council adopted its Resolution No. 10257,the City has determined that it is unable to fully fund the City's Share; that is, that it needs more than the $1,000,000 that was estimated in the Summary Report for the Public Improvements; and WHEREAS, the City Council of the City of Orange has requested that the Agency fund the City's shortfall in the City's Share by an additional $1,100,000 for the Public Improvements on the basis that the City has no other reasonable source of financing said additional costs; and WHEREAS, the Agency Board has determined that it is willing to fund the City' s shortfall in the City's Share of the cost of the construction of the Public Improvements in an amount not in excess of $1, 100,000; and WHEREAS, the Agency Board and the City Council have determined that the Agency's financial participation in the construction of the Public Improvements in an amount not in excess of Two Million One Hundred Thousand andNo/lOO Dollars ($2,100,000. 00)will be of substantial benefit to the Redevelopment Project Area; 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 City Council desires 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 Quiet Zone 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 payor reimburse the City for a portion of the City's Share of the costs of the Public Improvements in the amount not to exceed Two Million One Hundred Thousand and NoI100 Dollars ($2,100,000.00), all as more particularly set forth in the Agreement; and WHEREAS, 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 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. 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 are of benefit to the Redevelopment Project Area; other than funds already identified and committed by the City Council to the Public Improvements (including the amount previously committed by the Agency by the adoption of Resolution No. ORA-0476 in the sum of $1,000,000 to the City's Share of the cost of the construction of the Public Improvements), there are no other reasonable means available to the City to fund the $1,100,000 shortfall in the City's Share of the costs of the construction of the Public Improvements; 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 the Public Improvements is consistent with the Agency's adopted Implementation Plan.Section 3. The 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 Agreement on behalf of the City.Section 4. 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 are ratified and approved.ADOPTED this 23rd day of June, 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 adofted by the City Council of the City of Orange at a regular meeting thereof held on the 23r day of June, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None Mary E. 5