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R-9828ATTACHMENT D RESOLUTION NUMBER 9828 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING EXECUTION OF A COOPERATION AGREEMENT, CONSENTING TO THE USE OF SANTA MONICA REDEVELOPMENT AGENCY FUNDS 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 project 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 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 of the 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 CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: 2 SECTION 1. Based on substantial evidence in the record, the City Council hereby finds and determines: (13) that the foregoing recitals are true and correct; (14) that the completion of the Work is of benefit to the Project Area; (15) that no reasonable means of financing the Work other than that set forth in the Agreement is available to the City; (16) 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; (17) 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; (18) that the completion of the Work is consistent with the implementation plan adopted pursuant to Section 33490 of the CRL; and (19) 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 City Council hereby consents to the use of Santa Monica Redevelopment Agency funds for the completion of the Work. The City Manager is hereby authorized to negotiate and execute the Agreement on behalf of the City. The City Manager 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 City Clerk shall certify the adoption of this Resolution and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM Marsha Jones Mputrie City Attorney 3 Adopted and approved this 9th day of January, 2003. Richard Bloom, Mayor I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 9828 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 9th of January, 2003, by the following vote: Ayes: Council members: Feinstein, Katz, Genser, Holbrook, O'Connor, Mayor Bloom Noes: Council members: None Abstain: Council members: None Absent: Council members: Mayor Pro Tem McKeown ATTEST: Maria M. Stewart, City C