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RES-10415 Cooperation & Reimbursement Agreement Chapman University Quiet Zone ImprovementsRESOLUTION NO. 10415 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING AND AUTHORIZING THE EXECUTION OF A COOPERATION AND REIMBURSEMENT AGREEMENT WITH THE ORANGE REDEVELOPMENT AGENCY RELATING TO RECONFIGURATION OF A PORTION OF A PUBLIC PARKING LOT AND AN ADJACENT PARHING LOT OWNED BY CHAPMAN UNIVERSITY TO ACCOMMODATE QUIET ZONE IMPROVEMENTS AT THE PALM AVENUE RAILROAD GRADE CROSSING. 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. To that end and included among its powers, 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 theAgency's adopted Implementation Plan; WHEREAS, the Southern California Regional Rail Authority (SCRRA) is a joint powers authority created to build, maintain and operate the "Metrolink" 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, OCTA 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 Quiet Zone Improvements) for the purpose of allowing the City to request a "quiet zone" designation from the Federal Railroad Administration; 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 (hereinafter referred to as the SCRRA Agreement), whereby SCRRA agreed to be responsible for the construction of the Quiet Zone Improvements subject to a funding commitment from OCTA and the City; and WHEREAS, pursuant to the adoption of Resolutions No. ORA-0501 and 10393 on June 23, 2009, the Agency and the City entered into that certain Cooperation and Reimbursement Agreement for the Provision of Parking Lot Reconfiguration and Improvements of Benefit to the Orange Merged and Amended Redevelopment Project Area Quiet Zone Improvements), dated July 21, 2009, whereby the Agency agreed to reimburse the City in an amountnotto exceed $2,100,000.00 for its funding commitment for the cost of construction of the Quiet Zone Improvements; and WHEREAS, in order to accommodate that portion of the Quiet Zone Improvements to be constructed by SCRRA on the west side of thePalmAvenuerailroadgradecrossing,SCRRA has determined that vehicular access to and fromPalmAvenueacrossthenortherlyperimeterofthatcertainpublicparkinglotownedbytheCity ( whichis subject to the Agency's leasehold interest) (the West Chapman/ Metrolink Parking Lot), which serves members of the general public and patrons of the commuter rail passenger terminal and bus transfer facility located at 194 N. Atchison Street ( the Orange Transportation Center), will have to be closed, thus necessitating the location of an alternate vehicular access point to and from Palm Avenue; and WHEREAS, in order to satisfy the Agency's need for an alternative vehicular access point to and from Palm Avenue for patrons of the Orange Transportation Center, Chapman University, a California non-profit corporation (Chapman), Chapman and the Agency desire to enter into a Reciprocal Easement Agreement, whereby Chapman will convey to the Agency and its designees (including members of the general public and patrons of the Orange Transportation Center) a ten (10) year non-exclusive easement over and across a parking lot owned and operated by Chapman (the Palm Parking Lot) and located adjacent to a portion of the West Chapman/Metrolink Parking Lot to allow for vehicular access over and across the Palm Parking Lot to and from the West Chapman/Metrolink Parking Lot to Palm Avenue (the Parking Lot Reconfiguration and Improvements), the cost of not more than $130,000.00. In return, the Agency will pay for the cost of the Parking Lot Reconfiguration and Improvements in accordance with the terms of the Reciprocal Easement Agreement; 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 Parking Lot Reconfiguration and Improvements are within that class of projects which consist of, among other things, the 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 Parking Lot Reconfiguration and Improvements will not cause a significant effect on the environment and are, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Agency Board is willing in connection with the construction of the Parking Lot Reconfiguration and Improvements to fund the City's obligation to SCRRA for the cost of the construction thereof in an amount not in excessof $130,000. To that end and 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 Parking Lot Reconfiguration and Improvements to be installed and constructed, and the Agency will pay or reimburse the City for its obligation to SCRRA for the cost of construction of the Parking Lot Reconfiguration and Improvements in the amount not to exceed $130,000.00, all as more particularly set forth in the Agreement; and WHEREAS, the City Council hereby finds and determines thatthe Agency's financial participation in the construction of the Parking Lot Reconfiguration and Improvements in an amount not in excess of $130,000.00 will be of substantial beneft to the Redevelopment Project Area; and WHEREAS, the 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 Section 2. The Parking Lot Reconfiguration and 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 Parking Lot Reconfiguration and Improvements consist of the 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 Parking Lot Reconfiguration and Improvements are of benefit to the Redevelopment Project Area; there are no other reasonable means available to the City to fund the cost of construction of the Parking Lot Reconfiguration and Improvements; the payment of funds for the Parking Lot Reconfiguration and Improvements will assist in the elimination of one or more blighting conditions inside the Redevelopment Project Area; and the Parking Lot Reconfiguration and Improvements are consistent withthe Agency's adopted Implementation Plan.Section 4. The Agreement between the Agency and the City, a copy of which is on file with the Agency 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 5. The officers and employees of the City are authorizedanddirected,jointly and severally, to do any and all things necessary or advisable in order to effectuate the purposes of this Resolution and to administerthe 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 24t" day of November, 2009.w arolyn av che, Mayor, ityofOrange AT° TEST:t _Ta2ary E~_ ity Clerk, City o 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 24th day of November, 2009, by the following vote: AYES:COUNCILMEMBERS:Smith, Murphy, Cavecche, Dumitru, Bilodeau NOES:COUNCILMEMBERS:None ABSENT:COUNCILMEMBERS:None ABSTAIN:COUNCILMEMBERS:None Mary E. ,City Clerk, ity O nge