Loading...
RES-9430 Traffic Signal and Easement Agreement SYUFY EnterprisesRESOLUTION NO. 9430 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING A TRAFFIC SIGNAL AND EASEMENT AGREEMENT BETWEEN THE CITY OF ORANGE AND SYUFY ENTERPRISES, A CALIFORNIA LIMITED PARTNERSHIP WHEREAS, by Ordinance No. 22-88 adopted on June 28,1988, the City Council of the City of Orange adopted and approved a certain Redevelopment Plan (the "Redevelopment Plan") for the Northwest Redevelopment Project Area, which was thereafter amendedbyOrdinanceNo. 23-94 adopted by the City Council on June 28, 1994; and WHEREAS, pursuant to the Community Redevelopment Law of the State of California (Health and Safety Code Sections 33000 et seq.), the Agency is carrying out the Redevelopment Plan; and WHEREAS, in order to carry out and implement the Redevelopment Plan, the Orange Redevelopment Agency (herein referred to as the "Agency") and SyufY Enterprises, a California limited partnership (herein referred to as "Syufy"), entered into that certain Owner Participation Agreement, dated as of June 19, 1997, which, among other things, provided for the expenditure of Agency funds for the construction of various public improvements abutting real property owned by SyufY and upon which Syufy thereafter constructed a retail commercial project cornmonly known as the "Stadium Promenade"; and WHEREAS, Syufy thereafter sought additional financial assistance fromtheAgencyforthepurposeofconstructingasignalizedleft-turn entry and median island modifications,traffic signal, interconnect, safety lighting system and related improvements for vehicular access to the Stadium Promenade from Katella Avenue (the " Traffic Signal Improvements")for the purpose of assisting in the cornmercial success of the Stadium Promenade; and WHEREAS, at its regular meeting on January 23, 2001, the Agency agreed to provide further financial assistance to SyufY in the form of reimbursement of a portion of the actual costs incurred by SyufY for the construction of the Traffic Signal Improvements.Accordingly, SyufY and the Agency entered into a First Amendment to Owner Participation Agreement reflecting the additional financial assistance and upon the condition, among other things, that SyufY enter into a Traffic Signal and Easement Agreement with the City of Orange providing for the construction and installation of the Traffic Signal Improvements,subject to certain conditions set forth in the Traffic Signal and Easement Agreement,including the fact that SyufY will be responsible for the preparation of plans and specifications and the construction and installation of the Traffic Signal Improvements at SyufY's sole cost WHEREAS, Section 33220 of the Community Redevelopment 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 connection with redevelopment projects; 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, in aid of the Agency's additional support of the Stadium Promenade, the City Council authorized the construction of the Traffic Signal Improvements at its regular meeting on January 23, 2001; and WHEREAS, the Traffic Signal Improvements will be of benefit to the Northwest Redevelopment Project Area in that they will enhance the area and contribute to the elimination of blight throughout the Project Area, and, more specifically, enhance and protect the value, desirability and attractiveness of the Stadium Promenade and facilitate improved vehicular access to the Stadium Promenade; and WHEREAS, Syufy has prepared plans, specifications and estimates for the Traffic Signal Improvements denoted "Traffic Signal & Median Improvement Plans, Katella Avenue, 500 Feet West of Main Street (Special Project 3329-A)", consisting of four sheets,dated as of December IS, 2000 and prepared by Joseph C. Truxaw and Associates, Inc. and Katz, Okitsu & Associates (herein referred to as the "Plans"); and WHEREAS, Syufy desires to construct, at its sole cost and expense, the Traffic Signal Improvements as more particularly described in the Plans and in accordance with the Traffic Signal and Easement Agreement, in the form as submitted by the City Manager and executed by Syufy; and WHEREAS, as the lead agency under the California Environmental Quality Act CEQA"), the City Council hereby finds and determines that the Traffic Signal Improvements are within that class of projects which consists of a minor alteration of existing public structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that previously existing and that, therefore, pursuant to Section 15301 of the State CEQA Guidelines, the construction of the Traffic Signal Improvements will not cause a significant effect on the environment and is, therefore,categorically exempt from the provisions ofCEQA; and WHEREAS, the City Council has duly considered all of the terms and conditions of the proposed Traffic Signal and Easement 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.Reso No. 9430 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange as follows: Section I: The City Council hereby consents to the undertaking of the Traffic Signal Improvements in accordance with the Plans, which are hereby approved and will be placed on file with the City's Public Works Department. Section II: The City Council hereby finds and determines that the terms and provisions of the Traffic Signal and Easement Agreement between the City and Syufy, in the form as submitted by the City Manager and executed by Syufy, are approved and that the Mayor is authorized to execute, and the City Clerk to attest, the Traffic Signal and Easement Agreement on behalf of the City. Section III: The Mayor is hereby further authorized and directed to execute on behalf of the City all documents (including a Certificate of Acceptance pursuant to California Govemment Code Section 27281) necessary and appropriate to carry out and implement the Traffic Signal and Easement Agreement and to administer the City's obligations, responsibilities and duties to be performed thereunder. ADOPTED this 10th day of April, 2001. e City of Orange ATTEST: Reso No. 9430 3 TJR 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 10th day of April, 2001 by the following vote: AYES: COUNCIL MEMBERS: SLATER, ALVAREZ, MAYOR MURPHY, COONTZ NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE Reso No. 9430 4 TJR