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RES-10255 Cooperation & Reimbursement Agreement for City Staff Services for Construction of Orange DepotRESOLUTION NO. 10255 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 FOR THE FURNISHING OF CITY STAFF SERVICES TO THE ORANGE REDEVELOPMENT AGENCY ASSOCIATED WITH AN AGREEMENT BETWEEN THE ORANGE REDEVELOPMENT AGENCY AND THE SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY FOR THE CONSTRUCTION OF THE ORANGE DEPOT PEDESTRIAN 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, by Ordinance No. 21-01 adopted on November 27, 2001, the City Council of the City of Orange adopted and approved the Amended and Restated Redevelopment Plan (the Redevelopment Plan) for the Orange Merged and Amended Redevelopment Project Area (the Project Area); 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 of the State of California commencing with Section 33000 of the California Health and Safety Code and herein referred to as the Law); and WHEREAS, pursuant to the Law, the Agency is carrying out the Redevelopment Plan for the Project Area; and WHEREAS, the Southern California Regional Rail Authority, a Jomt powers authority created under the laws of the State of California (SCRRA), operates Metrolink commuter rail service between Union Station in Los Angeles and a terminal in Oceanside along railroad right-of-way owned by the Burlington Northern Santa Fe Railroad and the Orange County Transportation Authority ( the OCTA); and WHEREAS, the Agency desires to enter into that certain Agreement between the Orange Redevelopment Agency and the Southern California Regional Rail Authority for Construction and Maintenance of Orange Depot Pedestrian Crossing (the SCRRA Agreement) with the SCRRA, pursuant to which SCRRA will construct and separated pedestrian crossing (the Project) between boarding platforms at the passenger rail station and bus transfer facility known as the Orange Depot; and WHEREAS, the SCRRA Agreement provides that, upon completion of the Project and acceptance of the Project by both the Agency and SCRRA, the Agency will, at its sole cost and expense, be responsible for the operation, maintenance and repair of all improvements completed under the Project; and WHEREAS, the SCRRA Agreement provides for the City's Director of Public Works and her staff members to work cooperatively and coordinate the construction of the Project with SCRRA on behalf of the Agency, including making a determination that the Project is ready for use by members of the general public and, once completed, recommending to the Agency Board of Directors that it accept the Project; and WHEREAS, Section 33220 of the Law authorizes the City to aid and cooperate in the planning, undertaking, construction, or operation of redevelopment projects; and WHEREAS, Sections 33126 and 33128 of the Law authorize the Agency to have access to the services and facilities of the various departments and offices of the City and to contract with the City for the furnishing of any necessary staff services associated with or required by redevelopment; and WHEREAS, in furtherance of the Redevelopment Plan for the Project Area, the Agency has requested that the City aid and cooperate in the undertaking of the construction of the pedestrian crossing by entering into a Cooperation and Reimbursement Agreement with the Agency, pursuant to which the City will supervise the construction by SCRRA of the Project in accordance with the terms and provisions of the SCRRA Agreement and, in return, will be paid by the Agency for the City's administrative costs and salary expenses attributable to costs incurred by the City for the rendition of such services; and WHEREAS, this City Council desires to aid and cooperate in the implementation of the Redevelopment Project and to furnish the services and facilities of the Director of Public Works and her staff to satisfy the Agency's obligations set forth in the SCRRA Agreement pursuant to the terms and provisions of the Cooperation and Reimbursement Agreement in the form presented at this meeting; and WHEREAS, the Agency's operation, maintenance and repair of the Project III accordance with the terms of the SCRRA Agreement will benefit the City; and WHEREAS, other than the agreement of the Agency to operate, maintain and repair the Project, no other reasonable means of financing the operation, maintenance and repair of the Project are available to the community; and WHEREAS, the Agency's payment of funds for the cost of the operation, maintenance and repair of the Project in accordance with the terms of the SCRRA Agreement and the construction of the Project, itself, will assist in the elimination of one or 2 more blighting conditions inside the Project Area, and is consistent with the Implementation Plan adopted by the Agency for the Project Area pursuant to Section 33490 of the Health and Safety Code; and WHEREAS, this City Council has duly considered all terms and conditions of the SCRRA Agreement and the Cooperation and Reimbursement Agreement and believes that the Project and the obligations of the Agency under the SCRRA Agreement are in the best interest 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, and that such activities promote the objectives of the Law, as well as the Redevelopment Plan for the Project Area. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange as follows: 1. The foregoing recitals are true and correct. 2. The Project is of benefit to the Project Area and the immediate neighborhood in which the Project is located; that other than the agreement of the Agency to operate, maintain and repair the Project, no other reasonable means of financing the operation, maintenance and repair of the Project are available to the community; and the Agency's operation, maintenance and repair of the Project in accordance with the terms of the SCRRA Agreement will assist in the elimination of one or more blighting conditions inside the Project Area, and is consistent with the Implementation Plan adopted by the Agency for the Project Area pursuant to Section 33490 of the Health and Safety Code. 3. The terms and provisions of the Cooperation and Reimbursement Agreement in the form as submitted by the City Manager is hereby approved, and the Mayor is hereby authorized to execute, and the City Clerk to attest, the Cooperation Agreement on behalf of the City. 4. Except as may otherwise be provided in the Cooperation and Reimbursement Agreement, the Chairman is hereby further authorized and directed to execute on behalf of the Agency all documents necessary and appropriate to carry out and implement the Cooperation and Reimbursement Agreement and to administer the Agency's obligations, responsibilities and duties to be performed thereunder. ADOPTED this lih day of February, 2008 3 ATTEST: At 8 Mary E.City Cle , 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 1ih day of February, 2008 by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None 4