R-479
ATTACHMENT E
RESOLUTIONNUMBER 479
(RAS)
(Redevelopment Series)
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF SANTA MONICA AUTHORIZING EXECUTION OF A COOPERATION
AGREEMENT AND MAKING CERTAIN DETERMINATIONS AND FINDINGS
PURSUANT TO HEALTH AND SAFETY CODE SECTIONS 33445 AND 33334.2(g)
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, 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, for the purposes of earthquake repair and/or seismic retrofit, the Agency
proposes to install and/or construct certain public improvements of benefit to the Project Area or
otherwise complete certain work on existing public improvements within the Project Area
(collectively, the "Work"); and
WHEREAS, pursuant to Sections 33334.2(a) and 33334.6(c) of the CRL, not less than
20% of all taxes which are allocated to the Agency for the Project Area ("Housing Funds") are
set aside by the Agency in a Low and Moderate Income Housing Fund and used by the Agency
for the purpose of increasing, improving and preserving the City's supply of low and moderate
housing available at affordable housing costs to persons and families of low and moderate
income, including very low income persons; and
WHEREAS, pursuant to Section 33334.2(e) of the CRL, the Agency may exercise any
and all of its powers to carry out this purpose; and
WHEREAS, pursuant to Section 33334.6(a) of the CRL, the California State Legislature
has found and declared that the provision of affordable housing outside of redevelopment proj ect
areas can be of direct benefit to those projects in assisting the accomplishment of project
objectives; and
WHEREAS, for the purpose of increasing, improving and preserving the City's supply of
low and moderate housing available at affordable housing costs to persons and families of low
and moderate income, including very low income persons, the Agency proposes to expend a
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portion of its Housing Funds on certain activities, which are consistent with the provisions of
Sections 33334.2 et seq. of the CRL and which will assist in the implementation, facilitation
and/or furtherance of the City's goals and policies related to affordable housing within the City
(collectively, "Permitted Housing Activities"); and
WHEREAS, the Agency expenditure of Housing Funds on the Permitted Housing"
Activities will be of benefit to the Project Area by providing affordable housing for a segment of
the population of the City in need of affordable housing; and
WHEREAS, pursuant to Section 33334.2(g) of the CRL, the Agency may use the
Housing Funds to assist in the provision of housing for low or moderate income households
outside the Project Area upon resolution of the City and the Agency that such use will be of
benefit to the Project Area; and
WHEREAS, the City and Agency have prepared a Cooperation Agreement
("Agreement") to provide for the completion by the Agency of the Work and the Agency
expenditure ofthe Housing Funds on the Permitted Housing Activities; and
WHEREAS, completion of the Work will both preserve existing economic investment
and stimulate future growth within the Project Area; and
WHEREAS, completion of the Work is consistent with the Agency's Five-Year
Implementation Plan in that it helps 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
complete the Work and provide for the expenditure of Housing Funds on the Permitted Housing
Activities; 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 completion of the Work is 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
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(20) that the foregoing recitals are true and correct;
(21) that the completion ofthe Work is of benefit to the Project Area;
(22) that no reasonable means of financing the Work other than that set forth in the Agreement
is available to the City;
(23) that the payment of funds for the 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;
(24) that the payment of funds for the 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;
(25) that the completion of the Work is consistent with the implementation plan adopted
pursuant to Section 33490 ofthe CRL; and
(26) that the expenditure of Housing Funds for the Permitted Housing Activities outside of the
Project Area is of benefit to the Project Area.
SECTION 2. The Agency Executive Director is hereby authorized to negotiate
and execute the Agreement on behalf ofthe 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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I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby
certify that the foregoing Resolution No. 479 (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 Bloom
ATTEST:
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Maria M. Stewart
Secretary