RES-ORA-0474 Construction & Maintenance Agreement with SCRRA for Orange Depot Pedestrian CrossingRESOLUTION NO. ORA-
0474 A RESOLUTION OF THE
ORANGE REDEVELOPMENT AGENCY APPROVING
AND AUTHORIZING THE EXECUTION OF
AN AGREEMENT WITH SOUTHERN
CALIFORNIA REGIONAL RAIL AUTHORITY
FOR CONSTRUCTION AND MAINTENANCE OF
THE ORANGE DEPOT PEDESTRIAN CROSSING AND
A COOPERATION AND
REIMBURSEMENT AGREEMENT WITH THE CITY OF
ORANGE.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 Law);
and WHEREAS, the City of Orange (the City) is a municipal corporation, which
exercises govemmental 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 Agency is engaged in activities necessary to carry
out and implement the Redevelopment Plan for the Project
Area; and WHEREAS, the Southern California Regional Rail Authority, a
joint 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 and SCRRA agree that the
installation of a grade-separated pedestrian crossing (the Project) between boarding platforms at
the passenger rail station and bus transfer facility known as the Orange Depot would
improve the circulation of passengers to and
from trains and buses; and WHEREAS, SCRRA has proposed 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 Agreement) with the Agency, pursuant to which SCRRA will construct the
Project in accordance with plans and specifications prepared by SCRRA and approved by the
SCRRA from the State of California, Department of Transportation, Division of Mass
Transportation (Caltrans) in the not-to-exceed amount of $8,000,000 (the
Caltrans Funding)for the construction the
Project; and WHEREAS, SCRRA desires to commit the Caltrans Funding, and only
the Caltrans Funding, to the design and construction of the
Project; and WHEREAS, the Agency has been informed by representatives of OCT A that
OCT A will fund costs, if any, incurred by SCRRA for the construction of the Project in excess
of the Caltrans
Funding; and WHEREAS, in accordance with the requirements of the
California Environmental Quality Act (California Public Resources Code Section 21000 et seq.: CEQA),
SCRRA, as the lead agency under CEQA, found the Project to be statutorily exempt from
the application of CEQA under Section 15275 of the CEQA Guidelines because the Project
involves the institution or increase of passenger or commuter service on rail lines already
in use,including the modernization of existing stations and parking
facilities; and WHEREAS, the Agency, as a responsible agency under CEQA,
finds and determines, as did SCRRA, that the Project is statutorily exempt from the
application of CEQA under Section 15275 of the CEQA Guidelines because the Project
involves the institution or increase of passenger or commuter service on rail lines already
in use,including the modernization of existing stations and parking
facilities; and WHEREAS, the 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 Board of Directors hereby finds and determines, and
the Agreement provides, that the City's Director of Public Works and her staff members will, on
behalf of the Agency, work cooperatively and coordinate the construction of the Project
with SCRRA,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
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 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, the Board of Directors finds and determines that the Agency's
operation, maintenance and repair of the Project in accordance with the terms of the
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 Agreement and the
construction of the Project, itself, 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;
and
WHEREAS, this Board of Directors has duly considered all terms and conditions of
the Agreement and believes that the Project and the obligations of the Agency under the
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, 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. As a responsible agency under CEQA, the Project is statutorily exempt from
the application of CEQA under Section 15275 of the CEQA Guidelines because the Project
involves the institution or increase of passenger or commuter service on rail lines already in
use, including the modernization of existing stations and parking facilities.
3. The Board of Directors hereby determines that (a) the Project is of benefit to
the Project Area and the immediate neighborhood in which the Project is located, (b) 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, (c) the Agency's operation, maintenance and repair of the
Project in accordance with the terms of the 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.
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4. The terms and provisions of the Agreement between the Agency and SCRRA,
in the form submitted by the Agency's Executive Director, are approved and that the
Chairman is authorized to execute, and the Agency Clerk to attest, the Agreement on behalf of
the Agency. A copy of the Agreement, when executed by both parties, shall be placed on file
in the office of the Agency Clerk.
5. Except as may otherwise be provided in the Agreement, the Executive Director is
hereby authorized and directed to execute on behalf of the Agency all documents necessary and
appropriate to carry out and implement the Agreement and to administer the Agency's
obligations, responsibilities and duties to be performed thereunder.
6. The Board of Directors hereby approves the terms and provisions of the
Cooperation and Reimbursement Agreement in the form as submitted by the Agency's
Executive Director, and authorizes the Chairman to execute, and the Agency Clerk to attest, the
Cooperation Agreement on behalf of the Agency.
7. 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 1ih day of February, 2008.
ATTEST:
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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 Orange
Redevelopment Agency at a regular meeting thereof held on the 1ih day of February, 2008,
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DIRECTORS: Smith, Murphy, Cavecche, Dumitru, Bilodeau
DIRECTORS: None
DIRECTORS: None
DIRECTORS: None
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