RES-10303 Cooperation & Reimbursement Agreement Portion of Cost El Camino Park RenovationRESOLUTION NO. 10303
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING A COOPERATION
AND REIMBURSEMENT AGREEMENT WITH THE
ORANGE REDEVELOPMENT AGENCY
RELATING TO REIMBURSEMENT BY THE
ORANGE REDEVELOPMENT AGENCY FOR A
PORTION OF THE COST OF RENOVATION OF EL
CAMINO PARK.
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 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, 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 renovate and improve its EI Camino Park with
those improvements generally described in Exhibit A attached hereto (herein referred to as
the Public Improvements);
and WHEREAS, by the adoption of its Resolution No. 10161 on January 23, 2007,
the City Council, as the lead agency under the California Environmental Quality Act (
CEQA),reviewed and considered the information contained in Negative Declaration No. 1770-
06 (the ND) and found and determined that the ND was all that was necessary in connection
with the proposed Public Improvements and its approval of the Public Improvements
because it appeared that the Public Improvements would not have a significant effect on
the environment.Accordingly, the City Council adopted the ND at its meeting of January 23,
2007; and WHEREAS, EI Camino Park is not located within the boundaries of the
Project Area but is located in close proximity thereto and provides community facilities and
places to gather socially for residents in the Redevelopment Project
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. 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 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 public
benefits therefrom; and 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 Project Area; (ii) said capital projects
will assist in the elimination of one or more blighting conditions inside the Project
Area and are consistent with the Agency's adopted Implementation Plan for the 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, 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
Camino Park Renovation) 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 Two Million Nine Hundred Thousand and NollOO Dollars
2,900,000.00), 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.
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; 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; and 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 3. The City Council hereby finds and determines that 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 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 and the contract change order for the Public
Improvements are ratified and approved.
ADOPTED this 24th day of June, 2008.
3
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 24t day of June, 2008, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
ange
4