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RES-9408 Cooperation & Reimbursement Agreement for Plaza ImprovementsRESOLUTION NO. 9408 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 THE IMPROVEMENT OF THE CENTRAL PUBLIC SQUARE AND CIRCULAR PLAZA AT GLASSELL STREET AND CHAPMAN AVENUE.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, on November 20,1984, the City Council of the City of Orange adopted Ordinance No. 37-84 approving the Redevelopment Plan for the Southwest Redevelopment Project, which Redevelopment Plan was amended (i) on July 15, 1986 by Ordinance No. 20- 86,ii) on July 5, 1988 by Ordinance No. 24-88, (iii) on November 22, 1994 by Ordinance No. 22-94, and (iv) on July 9, 1996 by Ordinance No. 17-96 (collectively referred to herein as the Redevelopment Plan"), thereby authorizing the Orange Redevelopment Agency, a public body, corporate and politic (the "Agency"), to administer the Redevelopment Plan for the Southwest Redevelopment Project (the "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 Agency is carrying out the Redevelopment Plan for the Redevelopment Project in the Redevelopment Project area; and WHEREAS, the City, in accordance with its Seven Year Capital Improvement Program, desires to implement a plan to improve the central public square and circular Plaza at Glassell Street and Chapman Avenue (the "Plaza") within the Redevelopment Project area with, among other things, new landscaping, the refurbishment of the decorative central fountain and ornamental street furnishings (the "Public Improvements"), as more particularly described on Exhibit A attached to that certain Cooperation and Reimbursement Agreement by and between the City and the Agency in the form presented at this meeting ( the Agreement"); and WHEREAS, as the lead agency under the California Environmental Quality Act Public Resource Code Section 21000 et seq.), the City Council adopted Negative Declaration 1553-98 on September 28, 1999, finding that the Public Improvements will not have a significant adverse impact on the environment WHEREAS, Section 33445 ofthe Law authorizes the Agency to enter into a contract with the City for the reimbursement of the costs of certain 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 Public Improvements are provided for in the Redevelopment Plan for the Redevelopment Project area, and the Agency desires to cause their implementation; and WHEREAS, the Agency and the City have determined that the Public Improvements are of benefit to the Redevelopment Project area and the immediate neighborhoods in which the Redevelopment Project area is located; that the Agency's financial participation in the cost of the Public Improvements will benefit the City and that the City has or will have the ability to maintain such Public Improvements; and WHEREAS, in furtherance of the Redevelopment Plan for the Redevelopment Project and the public purposes of the Agency and the City, the Agency and the City desire to enter into the Agreement pursuant to which the City will cause the Public Improvements to be installed and constructed, and the Agency will reimburse the City for the Agency's share of the costs of such Public Improvements in the amount not to exceed $911,927 as more particularly set forth in the Agreement; and WHEREAS, there are no other reasonable means of financing the Agency's portion of the costs of the Public Improvements other than the funds provided by the Agency; and WHEREAS, the Agency's payment of its portion of the costs of the Public Improvements will assist in the elimination of one or more blighting conditions inside the Redevelopment Project area, and is consistent with the Implementation Plan adopted by the Agency for the Redevelopment Project area pursuant to Section 33490 of the Health and Safety Code; and WHEREAS, the City Council has duly considered all of the terms and conditions of the proposed Agreement and believes that it 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, BE IT RESOLVED by the City Council of the City of Orange as follows: Section 1.The foregoing recitals are true and correct. Reso No. 9408 2 TJR Section 2. The City Council finds and determines that (a) the Agreement and the Public Improvements are of benefit to the Redevelopment Project area and the immediate neighborhoods in which the Redevelopment Project area is located, (b) that no other reasonable means of financing such Public Improvements are available to the community except as provided in the Agreement, (c) that the payment of funds for the cost of the Public Improvements will assist in the elimination of one or more blighting conditions inside the Project Area, and (d) the Public Improvements are consistent with the Implementation Plan adopted by the Agency for the Project Area pursuant to Section 33490 of the Health and Safety Code.Section 3. The Agreement between the Agency and the City, in the form presented at this meeting, is hereby approved and the Mayor is authorized to execute, and the City Clerk to attest, the Agreement on behalf ofthe City.Section 4. City staff is hereby authorized and directed to take any appropriate action consistent with the purposes of this Resolution and the Agreement approved hereby to carry out the terms and provisions of the Agreement on behalf of the City.ADOPTED this 13th day of February, 2001.the City of Orange ATTEST: L1v" uA~d..&~Cassandra J. Cathclrl', CityClerk ofthe City of Orange I 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 13th day of February, 2001 by the following vote:AYES: COUNCILMEMBERS: SLATER, MAYOR MURPHY, COONTZ NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: ALVAREZ ange Reso No. 9408 3 TJR EXHIBIT "A" DESCRIPTION OF PUBLIC IMPROVEMENTS Capital Improvement Project No. 3327 consists of (l) the demolition and removal of the existing masonryplanters, brick sidewalks, drainage inlets and brick crosswalks on the quadrants that surroundthecircularPlaza; (2) the replacement with new colored and textured concrete surface improvements, drainage inlets with increase capacity, new decorative metal street lights and streetornamentalfurniture (including benches and trash receptacles); (3) new landscaping,concretesurfacing, the refurbishment of the decorative central fountain, and ornamental street furnishingsatthePlazaPark; and (4) refurbishment and reinstallation of historical features of the PlazaPark.5