R-478
ATTACHMENT B
(RAS)
RESOLUTION NUMBER 478
(Redevelopment Series)
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF SANTA MONICA AUTHORIZING EXECUTION OF A SALE AND
PERFORMANCE AGREEMENT AND MAKING CERTAIN DETERMINATIONS AND
FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445
WHEREAS, the Redevelopment Agency of the City of Santa Monica (the "Agency") has
prepared a Redevelopment Plan (the "Redevelopment Plan") for the Santa Monica Earthquake
Recovery Redevelopment Project ("Project Area") which results in the allocation of taxes from
the Project Area to the Agency for the purposes of redevelopment; and
WHEREAS, the Parking Authority of the City of Santa Monica ("Authority") owns
certain real property within the Project Area ("Authority Property") on which parking structures
are located. The Authority Property together with the parking structures shall collectively be
referred to as the "Authority Parking Structures;" and
WHEREAS, the City owns certain real property within the Project Area ("City
Property") on which parking structures are located. The City Property together with the parking
structures shall collectively be referred to as the "City Parking Structures;" and
WHEREAS, pursuant to Section 33445(a) of the California Community Redevelopment
Law (Health & Safety Code Section 33000 et seq.) ("CRL"), the Agency may, with the consent
of the City Council ("City Council") of the City, pay all or part of the value of the land for and
the cost of the installation and construction of any building, facility, structure, or other
improvements which is publicly owned either within or outside a project area, if the City Council
makes certain determinations; and
WHEREAS, pursuant to Section 33220 of the CRL, for the purpose of aiding and
cooperating in the planning, undertaking, construction or operation of redevelopment projects
located within the Project Area, any public body, upon the terms and with or without
consideration as the public body determines, may sell or convey its property to the Agency; and
WHEREAS, pursuant to Section 33391 of the CRL, within a survey area or for purposes
of redevelopment, the Agency may purchase or accept conveyance of real property; and
WHEREAS, the City desires to sell and/or convey its interests in the City Parking
Structures and the Authority Parking Structures to the Agency and the Agency desires to
purchase and/or accept conveyance of the City's interests in the City Parking Structures and the
Authority Parking Structures; and
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WHEREAS, the Authority desires to sell and/or convey its interests in the Authority
Parking Structures and the City Parking Structures (if any) to the Agency and the Agency desires
to purchase and/or accept conveyance of the Authority's interests in the Authority Parking
Structures and the City Parking Structures (if any); and
WHEREAS, in addition, the Agency proposes to complete certain work on the City
Parking Structures and Authority Parking Structures ("Work"); and
WHEREAS, the City, Authority and Agency have prepared a Sale and Performance
Agreement ("Agreement") to provide for the sale and conveyance to the Agency of the City
Parking Structures and Authority Parking Structures and for the completion by the Agency of the
Work; and
WHEREAS, acquisition of the City Parking Structures and Authority Parking Structures
and completion of the Work will both preserve existing economic investment and stimulate
future growth within the Project Area and provide for needed seismic safety and earthquake
repair work; and
WHEREAS, acquisition of the City Parking Structures and Authority Parking Structures
and completion of the Work are consistent with the Agency's Five-Year Implementation Plan in
that they help to achieve both the commercial and community revitalization goals set forth in the
Redevelopment Plan by contributing to the economic restoration of the City's primary
commercial area through development of public improvements; and
WHEREAS, it is in the best interests of the City and for the common benefit of
employees, business tenants and property owners within the Project Area and residents,
employees, business tenants and property owners within the City as a whole for Agency to
acquire the City Parking Structures and Authority Parking Structures and for the Agency to
complete the Work; and
WHEREAS, since there are no other reasonable means available to the City to finance
the Work, the Agency proposes to enter into the Agreement; and
WHEREAS, the acquisition of the City Parking Structures and Authority Parking
Structures and completion of the Work are of benefit to the Project Area and the immediate
neighborhood in which the Work is located; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1.
finds and determines:
Based on substantial evidence in the record, the Agency hereby
(7) that the foregoing recitals are true and correct;
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(8) that the acquisition of the City Parking Structures and Authority Parking Structures and
completion ofthe Work are of benefit to the Project Area;
(9) that no reasonable means of financing the Work other than that set forth in the Agreement
is available to the City;
(10) that the payment of funds for the acquisition of the City Parking Structures and Authority
Parking Structures and completion of the Work will assist the recovery from, and the
elimination of one or more of the conditions resulting from, the 1994 Northridge
Earthquake disaster;
(11) that the payment of funds for the acquisition of the City Parking Structures and Authority
Parking Structures and completion of the Work will assist in elimination of one or more
blighting conditions inside the Project Area by assisting in the elimination of one or more
of the conditions resulting from the 1994 Northridge Earthquake disaster; and
(12) that the acquisition of the City Parking Structures and Authority Parking Structures and
completion of the Work are consistent with the implementation plan adopted pursuant to
Section 33490 ofthe CRL.
SECTION 2. The Agency Executive Director is hereby authorized to negotiate and
execute the Agreement on behalf of the Agency. The Agency Executive Director is authorized
to take any action and execute any and all documents and agreements necessary to implement the
Agreement.
SECTION 3. The obligations of the Agency under the Agreement shall constitute an
indebtedness of the Agency for the purpose of carrying out the Redevelopment Plan for the
Project Area.
SECTION 4. The Secretary of the Agency shall certify the adoption of this Resolution
and thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM
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Adopted and approved this 9th day of January, 2003.
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Ric ard Bloom, Chair . ...
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby
certify that the foregoing Resolution NO.4 78 (RAS) was duly adopted at a joint
meeting of the Santa Monica City Council and the Redevelopment Agency held
on the 9th day of January, 2003, by the following vote:
Ayes:
Agency members:
Feinstein, Katz, Genser, Holbrook,
O'Connor, Chair Bloom
Noes: Agency members:
Abstain: Agency members:
Absent: Agency members:
Chair Pro Tem McKeown
ATTEST:
L~).~oA-
Maria M. Stewart
Secretary