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R-514 ATTACHMENT B RESOLUTION NUMBER 514 (RAS) (Redevelopment Series) RESOLUTION OF THE REDEVELOPMENT AGENCY CONSENTING TO THE USE OF AGENCY FUNDS FOR THE ACQUISITION OF PROPERTY LOCATED AT 1334 5TH STREET AND MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 WHEREAS, the Redevelopment Agency (the "Agency") of the City of Santa Monica (the "City") 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, concurrently with adoption of this Resolution, the City Council has authorized the City Manager to execute a Letter of Intent to acquire property owned by the Sunnyside Group, located at 1334 5th Street, Santa Monica, California (the "Property") and to negotiate and execute a Purchase and Sale Agreement and other related documents with Sunnyside. Group pertaining to the Property; and WHEREAS, the Property is located within an area bounded by Wilshire Boulevard on the north, Colorado Avenue on the south, 4~h Court on the west and 6~h Court on the east, identified in the Downtown Parking Environmental Impact Report as appropriate for the development of new parking structures; and WHEREAS, since there are no other reasonable means available to the City to finance the acquisition of the Property, the Agency and City propose to enter into a Cooperation Agreement ("Agreement") which will authorize the Agency to grant funds to the City to acquire the Property; and WHEREAS, the acquisition of the Property 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 identified in the aftermath of the 1994 Northridge Earthquake disaster; and . WHEREAS, the acquisition of the Property is consistent with the Redevelopment Agency's Five-Year Implementation Plan in that it helps achieve the Disaster Prevention and Mitigation, Commercial Revitalization and Community Revitalization goals as set forth in the Implementation Plan; 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 the Agency to pay for the acquisition of the Property as set forth in the Agreement; and WHEREAS, the acquisition of the Property is of benefit to the Project Area and the immediate neighborhood in which the Property 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. Based on substantial evidence in the record, the Agency hereby finds and determines: (1) #hat the foregoing recitals are true and correct; (2) that the acquisition of the Property is of benefit to-the Project Area; (3) that there are no other. reasonable means available to the City to finance the acquisition of the Property; (4) that the acquisition of the Property 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 identified in the aftermath of the 1994 Northridge Earthquake disaster; and (5) that the acquisition of the Property is consistent with the Redevelopment Agency's Five-Year Implementation Plan. adopted pursuant to Section 33490 of the CRL. SECTION 2. The Agency hereby consents to the use of Agency funds from the Project. Area for the acquisition of the Property. SECTION 3. The Agency Executive Director is hereby authorized to 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 4. 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 5. 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 Adopted and approved this the 27~" day of January, 2009. --~J Ken Genser, Chair I, hereby certify that the foregoing Resolution No. 514 (RAS) was duly adopted at a special meeting of the Redevelopment Agency held on the 27~h day of January , 2009, by the following vote: Ayes: Agency members: Bloom, Holbrook, McKeown, Shriver Chair Genser, Chair Pro Tem O'Connor Noes: Agency members: None Abstain: Agency members: None Absent: Agency members: None ATTEST: Maria Stewart, Age cy Secretary