M-10/23/1984 (3)
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RESOLUTION NUMBER ~ CRAS)
A RESOLUTION OF THE SANTA MONICA REDEVELOPMENT
AGENCY DETERMINING CERTAIN PUBLIC FACILITIES
AND IMPROVEMENTS TO BE OF BENEFIT TO THE OCEAN
PARK REDEVELOPMENT PROJECT AREA AND DETERMINING
THAT NO OTHER REASONABLE MEANS OF FINANCING
SAID PUBLIC IMPROVEMENTS IS AVAILABLE TO THE
CITY OF SANTA MONICAj AUTHORIZING THE PAYMENT
BY THE AGENCY TO THE CITY OF SANTA MONICA OF
THE COST OF CONSTRUCTION AND INSTALLATION OF
SUCH PUBLIC IMPROVEMENTS; AND APPROVING AND
AUTHORIZING THE EXECUTION OF A COOPERATION
AND REIMBURSEMENT AGREEMENT BETWEEN THE CITY
AND THE AGENCY
WHEREAS, the Agency desires to enter Into a Cooperation
and ReImbursement Agreement (attached hereto as ExhIbit "A")
wIth the City of Santa Monica regarding payment to the City
for the value and cost of certain public improvements of
benefit to the Ocean Park Redevelopment Project Areaj and
WHEREAS, CalifornIa Health and Safety Code Section 33445
requIres the Agency to determIne that saId publIc improvements
are of benefit to the Redevelopment Project Area prior to
making said payments and that no other reasonable means of
financing said public improvements IS available to the City;
and
WHEREAS, Health and Safety Code Section 33679 requIres
that prior to the commItment by the Agency to use tax
increment funds for those publIC improvements consistIng of
installation or constructIon of publicly owned bUIldings, the
City Council hold a pUblIC hearIng to consider the making of
such payments by the Agency, the benefIt of such improvements
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to the Redevelopment Project Area, and the availabilIty to the
City of alternatIve means of financing such Improvements;
WHEREAS, on October 23, 1984, the CIty CouncIl and the
Agency held a duly notIced public hearing on the proposed
payments by the Agency;
WHEREAS, the issue of benefit to the Project Area, and
the alternative means of financing the improvements have been
considered In the Report entitled "Summary Report PertaInIng
to the Proposed Payment by the Santa MonIca Redevelopment
Agency for the Cost of Public Improvements to the Ocean Park
Branch Library," attached hereto as Exhibit "B;" and
WHEREAS, the value and cost of said publIC Improvements
has been, or WIll be, paId for initially by the City,
NOW, THEREFORE, THE SANTA MONICA REDEVELOPMENT AGENCY
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. It is hereby determined for the reasons set
forth In Part IlIA of Exhibit "B," that the public facilIties
and improvements constructed and installed by the City of
Santa Monica pursuant to saId CooperatIon and ReImbursement
Agreement between the City and Agency, are of benefIt to the
Ocean Park Redevelopment Project Area.
SECTION 2. The Agency hereby determines for the reasons
set forth in Part IIIB of Exhibit "B" that no other reasonable
means of financing said publIC improvements is available to
the City.
SECTION 3. The Agency hereby authorizes and approves
payment of $512,385.00, by it to the CIty of Santa MonIca as
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relmbursement to the Clty for the value and cost of the
installation
construction
of the improvements, as set
Cooperatlon and Relmbursement
and
forth 1n the above-referenced
Agreement (Exhibit "A").
SECTION 4. The Cooperation and Reimbursement Agreement
is hereby approved; and the Executive D1rector is hereby
authorized to execute sald Agreement on behalf of the Agency.
SECTION 5. The Agency Secretary shall certIfy to 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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By:
iI!
Agency Counsel
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Adopted and approved thiS 23rd day of October 1984.
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. CFral~rson ../
I hereby certify that the foregoing Resolution No. 395(RAS)
was duly adopted by the Redevelopment Agency of the Clty of Santa
Monlca at a meeting thereof held on October 23, 1984 by the
following Agency vote:
Ayes:
Agency Members:
Conn, Epsteln, Jennings, Press,
Reed, Zane and Mayor Edwards
Noes: Agency Members:
None
Abstain: Agency Members:
None
Absent: Agency Members:
None
ATTEST:
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COOPERATION AND REIMBURSEMENT AGREEMENT FOR THE
CONSTRUCTION OF PUBLIC IMPROVEMENTS TO THE OCEAN
PARK BRANCH LIBRARY BY THE SANTA MONICA
REDEVELOPMENT AGENCY FOR THE BENEFIT OF OCEAN
PARK REDEVELOPMENT PROJECTS l(A) AND l(Bl
BY AND BETWEEN
CITY OF SANTA MONICA
AND
SANTA MONICA REDEVELOPMENT AGENCY
THIS AGREEMENT, entered into thlS ____ day of
1984, by and between SANTA MONICA REDEVELOPMENT AGENCY, a
publlC body corporate and politic (the "Agency"), and the CITY
OF SANTA MONICA, a municipal corporation (the "City"), wIth
reference to the following:
B E ~ .I. .T. a ~ ~:
A. The
undertaklng certaln actlvitles
Agency
is
necessary for the execution of Ocean Park Redevelopment
Project l(a) and l(b) under the provislons of the California
Community Redevelopment Law and pursuant to Redevelopment
Plans l(a) and l(b) for ProJect. Redevelopment Plan l(a) was
adopted on June 30, 1960 and the Redevelopment Plan for
Project l(b), adopted on January 24, 1961, by the Clty Council
of the City of Sdnta Monica. ProJects l(a) and l(b) are
referred to herein collectlvely as the "Project."
ATTACHtillNT TO Resolutlon No. 395 (RAS) and
Resolutlon No. 6929(CCS)
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B. The Agency desl~es to contract with the CIty to
construct and install certa1n publ1c improvements and
faclllties described herein In connection with the Project.
C. The Agency and the City Council have determined that
said public improvements and facil1tles descrlbed 1n this
Agreement are of benefit to the Project and to the immediate
neighborhood in which the Project is located, and that no
other reasonable means of finanCing saId Improvements IS
available to the City.
D. The City has paId or
improvements on condition that the
for its costs.
will pay for said publlC
Agency reimburse the City
NOW, THEREFORE, the parties hereto do mutually agree as
follows:
1. SCOPE OF SERVICES.
The City shall cause to be designed, constructed and
installed the following public facilities and improvements In
a satisfactory and proper manner pursuant to plans and
specifications to be prepared by the City and submitted to the
Agency for its approval:
A schedule of the public improvements is set forth In
Exhlblt A, "Improvements to Ocean Park Branch Library,"
attached hereto and incorporated herein by thiS reference.
2. TIME OF PERFORMANCE.
The services reqUired pursuant to Section
commence not later than August 1,
1984,
and
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1 shall
shall be
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dillgently performed by the Clty. ProJected completlon date
for all described improvements 1S April 15, 1985.
3. COMPENSATION.
A. Compensatlon.
The Agency shall pay the Clty for the actual as-bullt
costs lncurred by the Clty for the publlC lmprovement work set
forth ln Section 1 and Exhlblt A hereto. The Clty'S
preparation of plans and speclfications and performance of all
Clty supervlsory and engineerlng work shall be relmbursed by
the Agency at the City's actual costs lncluding payroll costs,
materlal, travel, and other related expenses.
B. Maximum Compensatlon.
The total compensation for all work performed pursuant
to Section 1 and Exhibit A hereto, shall not exceed the sum of
Five Hundred Twelve Thousand, Three Hundred Eighty Five
Dollars ($512,385.00), wlthout further Agency approval.
C. Method of Payment.
The Agency shall at ltS discretlon and consistent with
the proper implementatlon of Redevelopment Plans l(a) and
l(b), pay the City from any funds which may then be legally
available to Agency therefor, lncluding tax increment payments
and proceeds from the sale of bonds.
D. Subordlnatlon of Citv Indebtedness.
The lndebtedness of the Agency to the City created by
thlS Agreement is subordlnate to any pledge of tax increments
to the bondholders of any tax lncrement bonds WhlCh are or may
be lssued by the Agency.
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4. LIABILITY AND INDEMNIFICATION.
In contemplatlon of the provlslons of Sectlon 895.2 of
the Government Code of the State of California Imposing
certain tort llablllty JOintly upon public entities solely by
reason of such entitles being parties to an agreement as
defined by Section 895 of said Code, the partles hereto, as
between themselves, pursuant to the authorizatlon contained In
Section 895.4 and 895.6 of said Code, will each assume the
full liability imposed upon It, or any of its officers, agents
or employees by law for injury caused by negligent or wrongful
act or omission occurring in the performance of this Agreement
to the same extent that such liability would be imposed In the
absence of Section 895.2 of said Code. To achieve the
above-stated purpose, each party indemnifies and holds
harmless the other party for any loss, costs or expense that
may be imposed upon such other party solely by virtue of said
Section 895.2. The provisions of Section 2778 of the
California Civil Code are made a part hereof as If fully set
forth herein.
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. IN WITNESS WHEREOF, the parties have executed the
Agreement as of the date flrst set out herein.
ATTEST:
City Clerk
APPROVED AS TO FORM:
ROBERT M. MYERS
Clty Attorney
ATTEST:
Agency Secretary
APPROVED:
Agency Counsel
By
CITY OF SANTA MONICA,
a munlcipal corporatlon
By
Mayor
SANTA MONICA REDEVELOPMENT AGENCY
By
Executive DIrector
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E~:3IT A.
OCEAN" PARK BRAl:CH LI BRARY I HPRO\'Et-!E~:TS
1. Add1tion for Lobby, Restroorns,
Children's Library, Elevator,
and Basement Exhibit Space
Structural Upgrade for Seismic
Safety
~~ylights and Roof Mod~f1cation
Double-glaze windows
Ligh t 1ng
Replace Ceil1ng
Replace Flooring
Replace Wlrl.ng
Repair anc Replace Plumblng
ReV1S1ons to HVAC
Palnting
New Partltions ana Counters
New Shelvlng
Additions to ~eeting Room
MISCELLANEOUS
1. Parking
2. Moving Books and Furnlture
3. Kew Furnlsnlngs
4. Temporary Relocat~on
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ATTACHMENT TO Resolutlon No. 395(RAS) and
Resolut1on No. 6929(CCS)
SU~"':"?~"
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OCEAN P~R~ REDEVELOPMENT P?0:ECT
SANT~ ~ON!G~, C~LI=Cp~r~
FE?~?~ PE?T~:N!~G TO TU~ P~O?~=E~
s~~~~ ~~N:~~ ;EDEVELOP~EN7 n~E~CY
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co~~ CF P?)?CS!r ?U3~IC !U?F~VE~~N~~ TO T~E
OCEAN pnRY ER~NCH LI3P~?Y
S~NTA MON:CA REDEVELO?~ENT AGENCY
Cc:c~er 9, 1984
Exhibit B
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IV
T~E~E OF CONTE~~S
Introductlcn
E~tlmated Tax Increment Funes Proposed to
be Used to Pay Costs of Ocean Park
Branch Llbrary Improvemer~s
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Facts Supportlng Flndlngs
A_
The Ocean Park Branch Llbrary
Improvements are of BenefIt to
the ProJect Area
E
FlnanC1~? Alternatlves. No Other
Reasonable Means of Flnancln~ the
Ocean Park Branch Llbra~y IM?-oveme~ts
1S AvaIlable to the Com~unlty
The Redevelc?~e~t P~r?ose for Wh1Ch Tax
Incre~e~t Funds are beIng Used to Pay for
t~e Ocear Park Branch Llbrary Improvements
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Exh~blt A
-, b
.::.Xi.l It
CoO?eratlon and FeImbursement
Agree~ert Between the CIty of
Santa MO~lca and the Santa Mon1ca
Pedevelop~ent ~ge~cy
B - Slte Map
Excerpt of C:ty Staff Report Dated
June 26, 1984 (Contalnlng
Construct1on Cost EstlmateS for
the Ocean Park Branch LIbrary
Imprcve-me:ltsl
ExhIb1t C
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Pace
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I. INTRODCC~IO~.
The Santa Monica Redevelop!Tlent Agency ("Agency") }las
prepared th1S s~~~ary report pursuant to Section 33445 of ~he
California Cor.nun~ty RedevelopMent Law (Healt~ and Safety Code
Sections 33000 et sea.).
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Attached to this SUMmary report as Exhibit "A," and
. incorporated herein by reference, is a proposed Cooperat1on
anc Reimbursement Agreement ("Agreement") between the Agency
and the Cl.ty of Santa Hon1Ca ("C1ty") for the developmer.~ or
certain public facilities and iMprovements for the benefit of
the Ocean Park Redevelopment Project.
Pursuant to the Agree~ent, the Agency will des1gn,
construct and install the following public J.r.',provenents for
the benefit of the commun1ty as a whole and O~ean Park
Redevelopment Project Areas 1 (a) and 1 (b) (hereinafter
col1ect1ve1y "Project Area") 1n part~cular:
A. Structural rehabilitat10n and reinforc~ent of the
Ocean Park Branch Library bUJ..ldl.ng to comply wit"h se1S:':"1C
safety standards.
B. Expans10n of
sq~are feet at grounc
1lbrary in order to:
by approximately 1,000
rear of the eX1stlng
the L1brary
level at the
(1) Increase the ch1ldrens' library area;
(2) Enlarge adul~ stuuy areas;
(3) Add a lobby and new entrance.
C. Upgrad1r.g
base:"1en t., including
k1tchen fac~lity.
of the Ccm~unity Room
new entrances, exits,
in the Library's
r e strooI:'ls and a
D. Addition of access and facilitJ..es for the disabled
at all levels (includes elevator and restrooms).
E. Construct1on of a new main entrance on NOr7'an Place.
(The eX1.st1.ng entrance on t-~ain Street w1ll become an e!"'ergency
e X1 t. ) . ,
F. Upgrading of f11m fac~lities.
G. Stru' ural i~provernents for no~se control.
H. Adc1.t1.on of an air-conc1t1oning systa~.
~he location of the proposec public improvements 1S
shown on the 51 te r-1ap, Exh1bi t "B."
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It IS proposed that the
constructIng the publ~c facllltles
lncrement funds recelved by the
Redevelopme~t ProJect pursuant
Commu~lty Redevelopment Law.
Agency pay fo~ the cost of
and Imorove~e~ts out of ~ax
Agency' from the Ocea~ Park
to Sec~lon 33670 of the
Attached hereto as Exhlblt ~C," and 1ncorporated hereln
by reference, 15 the relevant portlon of the Clty Staff Report
of June 26, 1984 settlng forth the speclflc details (includ:ng
constructlon cost estlmates) of the Ocean Park Branch Library
proposed publlC Improvements to be des1gned, constructed and
installed uSing tax lncrement funds.
ThlS report outllnes: (1) the est1mated tax lncrement
funds proposed to be used to pay for the costs of constructl~g
the publlc 1mprove~ents} (2) the determlnatlon that the
publlC Improvements are of benef1t to the Ocean Fark
Redevelopment ProJect area, (3) the determlnatlon that no
other reasonable means of flnanclng the publlC 1mprov~~e~ts 1S
avallable to the commun1ty, and (4) a general descrIptlon 0:
the redevelopment purFose for WhlCh the taxes are belng used
to ?ay for the constructlon of the publlC improvements.
!: E5~:M~~E~ T~X !NCRE~E~T FUNDS
CCKSTRUCTION OF PUBLIC F~CIL!TIES AND
BE USED FOR P~YME~~
IMPROVE~EN'!'S.
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Constructlon Cost Estlmates conce~nlng
Eranc~ Library Im?rOVemerts descrlbed 1n tr.1S
ar,= set forth 1n Exhlblt "c" hereof.
the Ocean Par-k
SU"T.mary re;.'":\r-1:
Irr FAC7S S~?PCRT:NG F:NrIN~S
A T~E PU=~!C IMP?OVEMSNTS AP~ OF 5E~~?:T TO 7~~ OCE~~
r.f?K RETEVSLC?t-'E:JT ?POJECT ,IIREA
Tre proposed publlC lmprovements referred to In Sectlo~
II above w1Il beneflt the Ocean Park Redevelopme~t ProJect
area 1n the followlng ways:
(l) ElImlnate a substantlal safety hazard for llbrary
users and ProJect Area resldents by provld1ng structural
re~abllltatlon and relnforcement of sald publlC llbra~y
bUIlding, nOlse controls and alr condltlonlng, so as tc
provlde a safe and healthy environment for use of sucn pUD1IC
bUIld:ng and lts faCllltles.
(2) Provlde
dlsa~lec persons
ne1sr:.borl)ood
access to
In the
such llbrary
ProJect Area
faCllltles to
and 1m"(\eGla~e
.
(3) ~xpand learnlng ane educatlonal jpportunltles ~or-
chlldren In the ProJect Area and Immed1ate nelghborhood due t~
the Increased Slze and programs of the new chlldren's llbrary
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(4) Provide a more attractive and functional commun1ty
meeting area for use by residents of the Project Area and
immediate neighborhood.
(5) Preservation and protection of a publ1c bU1ld1ng .
which has been designated as a City landmark, and which adds
to the overall community history.
It should be noted that although the Ocean Park Branch
Library is not within the designated boundar1es of the Ocean
Park Redevelopment Project Area, it is in extreJ1'lely close
prox1mity to the ProJect Area. The proximity of said public
library to the Project Area is an attract10n and of benefit to
res1dents of the ProJect Area, particularly since 1t is the
only facility of its kind which is in the immediate
neighborhood of the Project Area and easily access1ble for
Project Area res1dents. ~
The improvements to the public l1brary will provide for
1mproved educat10nal opportunities and community programs for
ProJect Area residents as well as persons residing, v1sit1ng
or working 1n the immed~ate neighborhood in which the Project
1S located.
B. NO OTHER REASONABLE HEANS OF FINANCING THE PUBLIC
FACILITIES AND IMPROVEMENTS IS AVAILABLE TO THE COMMUNITY.
In Californ1a, municipal or tax-exempt financing has
traditIonally taken one of two basic forms: general
obligation bonds or revenue bonds. General obligatIon bonds
pledge ad valorem property taxes without limIt as to rate or
amount; hence, they were highly regarded by investors and
commanded the lowest borrowing rate because of their minimal
credit risk. However, ArtIcle XIIIA of the CalifornIa
constitution, adopted in 1978, prohibits issuance of such
general oblIgation bonds.
Revenue bonds are payable from a speclflC revenue source
other than property taxes. These bonds have been used
extensIvely for finanCIng water, sewer, or other utility
systems, toll bridges and airports, where revenues of the
enterprises are reasonably well assured. Issuance of
conventional revenue bonds generally requires ~ simply
majorlty vote. However, the proposed improvements will not
generate any revenue, so such financing 1S not feasible.
of
the
the
from
The City's general revenues are another possible source
revenue for the proposed 1mprovements. However, followlng
passage of Proposition 13, severe strains were placed on
Clty'S revenues because of the curtallment or withholding
citIes by the State of CalifornIa of revenues
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~raditionally subvented to local government. While some of
these sources have been returned to cit1es in the State's FY
1984-85 budget, there is no certa1nty that the reduction of
the subvention stream might not reoccur. The fact of
historically d1minished revenue, uncertainty of future
revenues, and the need to prOVide a suitable level of service,
dictates that if the City advances any of its general
operating reserve for the proposed improvements, a means of
recovering the cost be available from the Agency from tax
increment revenues.
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Tax increment revenues or tax allocation bonds proceeds
are the only vlable metho~ of flnancing the proposed
improvements. Tax allocation bonds are payable from and
secured solely by tax revenues to be derived from the ProJect
Area and the use of such revenues is appropriate Since the
Project Area will be benefitted. Tax increment revenues are
allocated annually to the Agency to the extent of Agency
indebtedness, and are paid from the portion of taxes in excess
of the assessed valuation of that property 1n the base ,ear of
the Project.
IV. THE REDEVELOPMENT PURPOSE FOR WHICH TAX INCRE~En~ FUNDS
ARE BEING USED TO PAY FOR THE PUBLIC IMPROVEMENTS.
7he Redevelopment Plans l{a) and l(b) for the Ocean Park
Redevelopment Project contempl a te that a number of pub 1 i c
improvements will be provided to turn the Project Area from
stagnant and underutilized land to prOductive use and an asset
to the City. Among the public improvements and ut~lities to
be provided in connection w1th the redevelopment of the Site
as provided for in the Redevelopment Plans are traffic
s~gnals, landscaping, and s1milar site preparat~on
necessities.
S1nce the Redevelopment Plan for Project l{a) was
adopted in 1960 and the Redevelopment Plan for Project 1 (b)
was adopted in 1961, the Agency has been in the process of
redeveloping the vicinity of the Site by planning and
developing necessary public improvements (such as streets and
related facilities) and utilit1es to remove the condltion of
l.nadequate facilities which was impeding the development of
the area. The Agency now proposes to continue that
redevelopment effort by mak1.ng the publ1.c library a posi tive
asset to the ProJect Area. The library will be structurally
rehabilitated~ remodeled and expanded.
The proposed improvements will encourage better use of
the library facilities by Project Area res1.dents and persons
resldlng, visitlng or ~ployed.1n the immediate neighborhood
1n which the ProJect is located. The Agency seeks to further
the purposes of redevelopment by making the area more
attract1ve to v1sitors and residents, thus eXpanQ1ng
employment opportunities for jobless and underemployed persons
and proviclng an environment for social, eCOnOIl'lC and
psychological growth and well-being.
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I~ 1S ant1clpated tha~ the Improved llbra~y faClllt:es
wlll attrac~ resldents and VIs1tors to the Pro:ec~ Area, W~lC~
wlll er.ha~ce the development of adjacent portlons of t,e
P"c~ect Area.
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