RES-9622 Cooperation & Reimbursement Agreement Landscape and Irrigation ImprovementsRESOLUTION NO. 9622
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 LANDSCAPE
AND IRRIGATION IMPROVEMENTS IN THE
VICINITY OF THE CITY DRIVE AND
INTERSTATE 5 INTERCHANGE
WHEREAS, by Ordinance No. 21-01 adopted on November 27, 2001, the
City couneil 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;
and WHEREAS, pursuant to the Community Redevelopment Law of the State
of California (Health and Safety Code Sections 33000 et seq.) (herein referred to as the
Law),the Orange Redevelopment Agency (the Ageney) is earrying out the Redevelopment Plan
for the Red,~velopment Projeet in the redevelopment area (the Project Area);
and WHEREAS, Seetion 33220 of the Law authorizes cities to aid and cooperate in
the planning, undertaking, construction, or operation of redevelopment projects,
including,among other things, causing public improvements to be furnished adjacent to or
in connecti,on with redevelopment projects;
and WHEREAS, Section 33445 of the Law authorizes the Agency to enter into
a contract with the City for the reimbursement of the eosts of eertain public
improvements enumerated in the Redevelopment Plan upon the making of certain findings;
and WHEREAS, the Redevelopment Plan, including materials referenced
therein,enumerates certain public improvements which may be provided or contributed to by
the Agency, including, without limitation, the provision of public street, sidewalk
and landscaping improvements;
and WHEREAS, the City, in aceordanee with that eertain Memorandum
of Understanding by and between the City of Orange and the City of Anaheim Regarding the
1-5 Freeway Corridor TEA-2 I Landscaping Project (the MOU), desires to implement
a plan for the improvement of landscaping along the 1-5 freeway corridor within
the boundaries of both the City of Orange and the Project Area (the
Public Improvements). The Public Improvements are more particularly described on those certain Plans
for the Construction of Highways and Streets Landscape Project TEA 21
Landscape & IrrigationImprovement from SR-22 1:0 City of Anaheim City Limit, prepared in the
offiee of Lyrm capouya, Inc.,consisting of 17 sheets and approved by the City's Director of
2002 (the Plans). The Plans are on file as a public record in the Office of the City's Public
Works Director and are incorporated herein by this reference as though fully set forth; and
WHEREAS, in furtherance of the Redevelopment Project, the Ageney and the City
desire to enter into a Cooperation Agreement in the form presented at this meeting (the
Agreement) pursuant to which the City will cause the Improvements to be installed and
constructed, and the Agency will pay the City for eertain costs of such Improvements as more
parti,~ularly set forth in the Agreement and in accordance with that certain Cooperation
Agreement dated August IS, 19S3, between the City and the Agency; and
WHEREAS, the Improvements are of benefit to the Project Area in that they will
enhance the area and contribute to the elimination of blight throughout the Project Area; and
WHEREAS, no other reasonable means of financing sueh Inlprovements are
available to the community in that the cost of the Improvements exceeds the financial ability
of the City to pay, no private sources of funding are available, and all state and federal grant
altematives have been exhausted; and
WHEREAS, the payment of funds for the cost ofthe Improvements will assist in the
elimination of one or more blighting conditions inside tl1e Projeet Area, and is eonsistent with
the Implementation Plan adopted by the Agency for the Project Area pursuant to Seetion
33490 of the Health and Safety Code; and
WHEREAS, as the lead agency under the California Environmental Quality Act
cEQA) and the National Environmental Poliey Act (NEPA), the City Council of the City of
Anaheim has previously determined that, under NEPA, the Improvements will not have a
significant adverse impact upon the environment and, that under cEQA, the Improvements are
within that class of projeets whieh consists of a minor alteration of existing publie structures,
facilities, mechanical equipment, or topographical features, involving negligible or no
expansion of use beyond that previously existing. Therefore, the City Council of the City of
Analleim found that the Improvements are categorically exempt pursuant to NEP A and Seetion
15301 of the State cEQA Guidelines; and
WHEREAS, the City Council, as a responsible agency under NEPA and cEQA, has
duly considered the environmental determination made by the City Council of the City of
Analleim and all of the terms and conditions of the proposed Agreement and believes that the
Public Improvements are in the best interests of the City and the health, safety, morals and
welurre of its residents, and in accord with tl1e public purposes and provisions of applicable
State and local law and requirements.
III
III
III
Reso No. 9622 2 TJR
NOW, THEREFORE, BE IT RESOLVED by the City couneil of the City of
Orange as follows:
Section I:
The foregoing reeitals are true and eorreet.
Section II:
The City Council hereby determines that the rmprovements are of benefit to the
Project Area and the immediate neighborhoods in which the Project Area is located, that no
other reasonable means of financing sueh Improvements are available to the community
except as provided in the Agreement, that the payment of funds for the eost of the
Improvements will assist in the elimination of one or more blighting eonditions inside the
Project Area, and is eonsistent with the Implementation Plan adopted by the Ageney for the
Projeet Area pursuant to Section 33490 of the Health and Safety Code.
Section III:
The City Council hereby consents to the undertaking of the Improvements in
accordanee with the Agreement. The determination that the Improvements will benefit the
Project Area is based upon the fact that the Improvements will provide aesthetie
improvement to the Projeet Area, which will enhance growth in the entire Project Area.
Section IV:
The City Council hereby finds and determines that the terms and provisions of the
Agreement, in the form as submitted by the City Manager, are approved and that the Mayor is
authoriz,~d to execute, and the City Clerk to attest, the Agreement on behalf of the City.
ADOPTED this 9th day of July, 2002.
Jt1 J (l 1ft{
e City of OrangeMarkA. Murphy, Mayor
ATTEST:
Cassandra J.
Reso No. 9622 3 TJR
I hereby eertify 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 9th day of July,
2002 by the following vote:
AYES: cOUNcILMEMBERS:
NOES: cOUNcILMEMBERS:
ABSENT: cOUNcILMEMBERS:
ABSTAIN: cOUNcILMEMBERS:
SLATER, ALVAREZ, MURPHY, COONTZ, CAVECCHE
NONE
NONE
NONE
Reso No. 9622 4 TJR