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SR-CC/RA- f/.U;fr~t q"3 ~ 1 (!:0 ) Cl-{(R--/ ~1F ~Sg (,LAs) thu1ItJ arvHr-()tU711- ~ ~o6{flJts) 'JAN 2 6 1999 ..,.. "(pog (((5) PCD SF EG f \plan\admm\ccreport\plcoxwalks2 Council Meetmg January 26, 1999 Santa Monica, Callforma TO Mayor and City CouncIl anr~ {g;,fracf#J3fY@C5) {/(aioz/oktr-5R) Redevelopment Agency Board ~ ~ ~~# J'(Jf {tzA-v FROM City Staff (U~~) Redevelopment Staff ~~ - tmt 11" 1'1(( (~V CVfl71< rUm) SUBJECT Recommendation for the City Council and Redevelopment Agency to 1) Approve PICO Boulevard Crosswalk Enhancements and Appropnate Fundmg for the ProJect, 2) Approve a Second Amendment to the Reimbursement Agreement for the Commercial Streetscape Program and authonze the City Manager and Executive Director to execute the Agreement, and 3) Adopt a Resolution of Intent that allows future redevelopment tax-exempt bond proceeds to be used to reimburse the City for the proJect, and for the City Council to 4) AuthOrize the City Manager to NegotIate and Execute an amendment to the Pedestnan Crosswalk Enhancements Development and DesIgn Contract, and for the Redevelopment Agency to 5) AuthOrize the Executive Director to Negotiate and Execute a change order for the construction of the PICO Boulevard Crosswalk Enhancements as part of the PICO Streetscape Construction Contract INTRODUCTION ThiS staff report recommends that the City Council take the follOWing four actions 1 ) approve PICO Boulevard Crosswalk Enhancements and appropnate funding for the proJect, 2) authOrize the City Manager to Negotiate and Execute an amendment to the Pedestnan Crosswalk Enhancements Development and DeSign Contract, 3) approve a Second Amendment to the Reimbursement Agreement for the Commercial Streetscape Program between the City and the Redevelopment Agency and authOrize the City Manager to execute the Agreement, and 4) adopt a Resolution of Intent that allows future redevelopment tax-exempt bond proceeds to be used to reimburse the City for the Commercial Streetscape Program CC-t.A-I 1 JAM 2 6 1999 --- ---- - -- - This report also recommends that the Redevelopment Agency take the following four actions 1) approve PICO Boulevard Crosswalk Enhancements as part of the PICO Boulevard Phase of the Commercial Streetscape Program and appropriate funding for the prOJect, 2) authonze the Executive Director to Negotiate and Execute a change order for the construction of the PICO Boulevard Crosswalk Enhancements as part of the PICO Streets cape Construction Contract, 3) approve a Second Amendment to the Reimbursement Agreement for the Commercial streetscape Program between the City and the Redevelopment Agency and authorize the Executive DIrector to execute the Agreement, and 4) adopt a Resolution of Intent that allows future tax-exempt bond proceeds to be used to reimburse the City of the PICO Boulevard Phase of the Commercial Streetscape Program BACKGROUND On September 22, 1998, City CouncIl authonzed a contract to develop measures to enhance pedestnan crosswalks along PICO Boulevard, Montana Avenue, Ocean Avenue, Barnard Way and NeIlson Way. ThiS work IS part of the City's FY 98/99 Community livability ObjectIve to develop a more "walkable" environment wlthm the City and responds to Council and community concerns regarding pedestnan safety After completion of the above "Phase I" streets, a second phase Will focus on Lincoln Boulevard, Ocean Park Boulevard, Santa MOnica Boulevard and Wilshire Boulevard Ultimately, the goal IS to enhance crosswalk locations throughout the City 2 The PICO Boulevard crosswalk recommendattons must be considered by Council m advance of other Phase I streets so that they can be Incorporated Into the construction of the PICO Streetscape Project On January 12, 1999 the City Council awarded a constructlon contract for the PIca Streetscape Improvement project to Valley Crest In the amount of $4,946,585 The construction start date for the PICO Streetscape project IS scheduled for the first week of February 1999, with completion scheduled for November of 1999 In order to comply with federal grant reqUirements Construction drawings for the crosswalk Improvements will be developed through the Katz, Okltsu & Associates Pedestnan Crosswalk Enhancements Development and Design Contract, In coordinatIon With the PIca Streetscape project It IS anticipated that construction of the Crosswalk Enhancements wIll begin In April 1999 The study process for PICO Boulevard was a three-month IntenSive and site-specific evaluation covering the entire length of the street A first step was to obtain suggestions and observations from the community A workshop was held on October 12, 1998, where attendees commented directly on aenal maps, filled out questionnaires and participated In a group review and diSCUSSion The community proVided speCifiC comments and suggestions for Improvements (Attachment A) Comments were also received on pedestnan safety awareness and enforcement, areas that are bemg addressed by the City Manager's Office and the Police Department as part of the Community livability objective The study team followed up on the community's suggestions for Improvements and 3 developed addItional obselVatlons by takmg pedestrian counts, reviewing accident and traffic data, observmg pedestnan patterns and IdentifYing physical characteristics of the street Based on these considerations, preliminary site-specific recommendations were developed Several alternative treatments were also developed due to cost considerations. A Community Workshop was held on January 7, 1999 to obtain feedback concerning the proposed enhancements for PICO Boulevard The workshop was well attended I with attendees generally expressing strong support for the proposed measures Several comments reqUired additional follow-up, Includmg a new suggestion to relocate the 9th Street Crosswalk from the west Side to the east Side of the intersection to better serve the high level of pedestrian demand An addltlonal comment from the Workshop and also mentioned at the January 12, 1999 CounCil meeting was a request for a traffic Signal at Urban Avenue and PICO Boulevard The request for a Signal IS to assist reSidents on Urban Avenue In making left turns onto PICO Boulevard The Installation of a Signal for pedestrians IS not warranted and In order to determine If a Signal for vehicular access IS appropriate, additional analYSIS IS required Staff needs to evaluate the Impact on traffic volumes along Urban Avenue, the feaSibility of two Signals on PICO WIthin such close proximity (33rcl Street and Urban Avenue) and If the volumes and aCCident history warrant a new Signal ThIS analYSIS Will be conducted Within the next SIX months and Will be outSide the scope of the crosswalk Irnprovemnts 4 DISCUSSION OF RECOMMENDED ENHANCEMENTS The recommended crosswalk enhancements for PIca Boulevard Include speCific treatments for enhancmg twenty-four Signalized and non-signalized crosswalk locations along Plea Boulevard Attachment B provides the speCific recommendations for each location The enhancements mclude the following type of Improvements . Pedestnan-actlvated m-pavement flashmg devIces . Sidewalk extensions and bulb-outs . Extension of the streetscape median to create refuge Islands . I ncreased overhead IIghtmg . Installation of crosswalk pavers (or stamped asphalt) at Signalized locatIons . Enhanced slgnage and painted pavement markings at non-signalized locations . Fencing m the median to prohibit crossing The followmg outlines the recommendations In more detail Non-Signalized Crosswalks There are five marked, non-signalized crosswalk locations on PIca at 3rd, 91h, 10th, Euclid; and 31st Streets Pedestnan volumes at these locatrons warrant retamlng and enhancmg these facIlIties Staff IS recommending moving the 9th Street crosswalk from the west to the east Side of the mtersectlon to serve a higher level of pedestrran demand None of the five locations warrant mstallatlon of a full traffIc Signal The follOWing Improvements are recommended to Increase pedestrran 5 VISIbility for the motorist and create a secure environment for the pedestrian . Pedestrran activated flashing devices A new technology consisting of flashing lights embedded In the pavement IS the preferred warning device for these locations on PICO Boulevard A row of lights are embedded on each side of the crosswalk, sImilar to airport runway lights, and faces toward traffic and away from the pedestrian The pedestrian IS not specifically aware of the presence of the lights. and therefore continues to malntam cautron when crossing The activation wIll likely be an electnc eye mounted In bollards outside the curb cuts or a pole mounted solar powered push button . Sidewalk ExtenSions Curb extensions or corner bulb-outs will be Installed at four of the five non-signalized locations Curb extensions bring the pedestrran out about four to five feet from the curb, making him or her more vIsible to a passing vehicle when there IS a line of parked cars . Increased Llghtmg Additional lighting IS proposed at all five locations Staff IS InvestIgating the POSSibility of adopting the sidewalk lighting fixtures selected for the PICO Streetscape Project If adopting the fixture can not be completed In time for the PICO Streetscape construction schedule, five cobra fIxtures will be used Instead . MedIan ExtenSions At three of the five locations, the Streetscape project Includes a median extending to the intersection, which Will provide a pedestrian refuge The exceptions to thiS mclude 3rd Street and 10lh Street where the street was not Wide enough for a median . Slgnage and markings Ladder-patterned markmgs Will be retamed to maXimize vIsibility and pedestrran signs Will be Installed Signalized Crosswalks The follOWing Improvements are recommended at the SIgnalized crosswalks. . Markings at Signalized Locations There are SIX eXisting Signalized locations where at least one Side IS currently prohibited or unpamted Additional crosswalk delineations are proposed at the followmg SIX Signalized locatrons 34th Street (west leg), 33rd Street (west leg), 26th Street (west leg), Cloverfield (west leg), 16th Street (east leg), and 14th Street (west leg) . Pavement At all Signalized crosswalks a new pavement treatment IS recommended. As proposed, the treatment conSIsts of the same pavers used on the Sidewalks wlthm the PICO Streetscape Since thiS element alone costs 6 $544,000, staff has also considered the use of stamped asphalt Stamped asphalt costs approxImately 50% less than pavers, but It IS not as aesthetically compatIble with the PICO Streetscape desIgn Additional Non-Signalized Marked Crosswalks The community requested evaluation of the follOWing locations for new or re-Jnstalfed crosswalks 2Znd, 25th, 29th and 32nd Streets Based on the current pedestnan counts, there was not suffiCient pedestrian activity at any of these locations to warrant the addition of crosswalk treatments Pedestnan volumes are cntlcal to the success of a crosswalk A low volume, rarely used crosswalk IS more dangerous because the motonst does not expect a pedestnan to be there Frequently used crosswalks contmually remind the motonst of the eXistence of the crosswalk and the need for caution The future need at 22nd Street, across from Virginia Avenue Park, IS difficult to determine since the park desIgn has not been flnal1zed The current park design focuses access to the park at 23rd Street, where there IS currently a traffic light and crosswalk Repeated pedestnan counts and observations at 22nd Street were conducted but there was not sufficient demand to JUStify a crosswalk Improvement Staff has concluded that any Improvement to 22nd Street should be evaluated as part of the park design process Median Barrier at High School As a result of the pedestnan counts, It was found that a high volume of Santa Monica 7 HIgh School students are crossmg through the landscaped median at th Street ConsIderation was given to whether or not a crosswalk Improvement was advisable by checking with the High School and evaluatmg the accident history at the location. The resulting recommendation IS to mstall a fence In the median and prohibit crossmg at thiS location because of the lack of VISibility from vehicles proceeding east-bound up the hili on PIca Students Will be directed to cross at either 6th Street or Lmcoln Boulevard, which are both signalized crosswalks located along the predominant paths of travel Pico/Cloverfield Free Right Turn The recommendations Include removal of the Island In the northwest corner of the intersection at PICO and Cloverfleld ThiS Island currently allows motOrists to make a free westbound nght turn onto PICO Boulevard from Cloverfield, requiring the pedestnan to cross while cars are turnmg right Staff recommends removal of the Island, similar to the recent change at the mtersectlon of Ocean and Colorado Smce thiS element may Impact the traffic circulation, envIronmental revIew [S required ThiS recommendation WIll be analyzed as part of the Virginia Avenue Park expansion EIR and Implementation Will occur once the environmental document IS certified Funding for thiS element IS part of the PICO Crosswalk Project and Will be covered by Traffic Mitigation Funds Traffic Speeds The community workshop participants perceive there IS a speedmg problem on PICO Boulevard and slOWing traffic down would help pedestrians The PICO Streetscape deSign elements may help with the perception of thiS Issue Currently the street IS a 8 four lane unobstructed roadway The landscaped median element of the PIca Streetscape project will change the perception of the street and provide a refuge for pedestnans, so they can negotiate each half of the street separately Pedestrian Walk-Phase Timing The community commented that timing at the Signalized Intersections needs to be adjusted to allow the pedestnan more time to cross Staff will evaluate the tlmmg and make adjustments as necessary Signal cycles along PICO Boulevard will also be reviewed to determine If there are locations where the pedestnan "walk" phase should be automatically activated rather than requlnng push button activation BUDGET/FINANCIAL IMPACT COST ESTIMATE The total cost of all the recommended Improvements IS 1,144,000, including a 15% contmgency The recommendation contains an estimated $224,000 to fund the Improvements recommended for all five non-signalized, marked crosswalks. The components of thiS cost Include );> $100,000 for Installation of In-pavement flashers at all five locations );> $40,000 for Installation of additional lighting at the five crosswalks, and );> $84,000 for Installation of sidewalk extensions at the five locations The other elements of the recommendations Include . Vanous modifications to extend the Streetscape medians, modify the curb cuts, and make other physical Improvements to the street, or sidewalk, totaling to an estimated 9 $70,000 . Traffic signal modifications to address additional crosswalk legs at signalized Intersections which amount to an estimated $105,000 . Specialized paving treatments at the signalized crosswalks consisting of the same pavers that are used on the sidewalks In the PICO Streetscape project. which IS estimated to cost $544,000 As an alternative, a colorized, stamped asphalt pattern could be substituted The PICO Streetscape Landscape Architect, who IS also the designer on this proJect, strongly prefers the paver alternative, arguing that It Will provide a more Unified, aesthetic look to the street However, should the Council accept this alternative, the cost of the pavement treatment could be reduced to $272,000 redUCing the total project cost to $872,000 . Additional design and engmeenng fees are estimated at $56,000 . A construction contingency of $ 145,000 A 15% contingency IS recommended because of the new technology Involved FUNDING SOURCES Sources of fundmg for thiS project mclude budgeted funds and newly appropriated funds The follOWing funds have been Identified from a budgeted source . Implement Neighborhood Traffic Measures $100,000 (01-770-415-20099-8900-99841 ) No additional funds Will be available for new projects thiS fiscal year, since thiS appropnatlon depletes the account Staff recommends that the followmg funds be appropnated . Earthquake Redevelopment Funds $ 886,000 These funds need to be appropriated to CIP Account #17-770-265-20099-8900-99465 10 - - . Traffic Mitigation Revenues $158.00 These funds need to be appropnated to CIP Account # 01-770-265-20099-8900-99465 These expenditures will be financed by Deferred Revenue Account # 01-000-000-00000-9870-04692 ThIs IS to fund Improvements at Cloverfield and 23rd Street As with the PICO Boulevard phase of the Commercial Streetscape Program, It IS proposed that the City advance $886,000 for the project to the Redevelopment Agency, which will then repay the City as revenues become available from tax mcrement deposits or a future tax allocatIon bond Issue Approval of a Second Amendment to the Reimbursement Agreement for the Commercial Streetscape Program Will add thiS additional $886,000 amount to the eXlstmg loan between the City and the Agency, Increasmg the total advance from $5,850,392 to $6,736,392 (Attachment E) The attached Resolutions of Intent (Attachments C and D) are reqUired by the Redevelopment Agency m the event that a tax-exempt, tax allocation bond IS Issued In the future ThiS Will allow the Agency to reimburse the City for ItS loan advances (per the Reimbursement Agreement) from the bond proceeds and must be adopted prior to the commitment of funds or start of construction The resolutions authOrize reimbursement from the bond proceeds for the entire P,CO Boulevard Phase of the CommercIal Streetscape Program, not Just the crosswalk enhancements The resolutions are presented With thIS staff report since the crosswalk enhancement component IS being coordmated With the commencement of the construction of the PICO Boulevard phase of the Commercial Streetscape program Furthermore, the resolutions authonze up to $10 11 -- - millIon In reimbursement from the bond proceeds for the Commercial Streetscape Program, although costs are not anticipated to rise to thiS level, thiS number was Included to maintain flexibility with the bond Issue The resolutions however do not obligate the City Councilor Redevelopment Agency to Issue bonds for thIS or other projects RECOMMENDATIONS Staff recommends that the City CounCil take the following actrons 1 Authorize staff to proceed with the PICO Boulevard Crosswalk Enhancement recommendations deSCribed above 2 Appropriate $158,000 of Traffic Mitigation Revenues to Account # 01-770-265-20099- 8900-99465 3 Authonze the City Manager to negotiate and execute an amendment to the Katz, Okltsu & ASSOCiates Pedestrian Crosswalk Enhancements Development and DeSign Contract for Signal and other deSign work In the amount not to exceed $56,000 4 Approve a Second Amendment to the Reimbursement Agreement for the Commercial Streetscape Program and authonze the City Manager to execute the Agreement 5 Adopt a Resolution of Intent that allows future redevelopment tax-exempt bond proceeds to be used to reimburse the City for the Commercial Streetscape Program Staff recommends that the Redevelopment Agency take the follOWing actions 1. Authonze staff to proceed With the PICO Boulevard Crosswalk Enhancement recommendations deSCribed above as part of the PICO Boulevard Phase of the Commercial Streetscape Program 2 Appropnate $886,000 to Account # 17-770-265-20099-8900-99465 3 AuthOrize the Executive Director to negotiate and execute a change order With the contractor Valley Crest for the construction of the PlCO Boulevard Crosswalk Enhancements In the amount not to exceed $1,088,000, including contingency 4 Approve a Second Amendment to the Reimbursement Agreement for the Commercial Streetscape Program and authOrize the Executrve Director to execute the Agreement 12 - - ~- -- 5 Adopt a Resolution of Intent that allows future redevelopment tax-exempt bond proceeds to be used to reimburse the City for the Commercial Streetscape Program Prepared by Suzanne Frick, Director Ellen Gelbard, Deputy Director Plannmg and Community Development Department Jeff Mathieu, Director Tina Rodnguez, Earthquake Recovery Administrator Mona Miyasato, Senior Administrative Analyst-Project Coordinator Resource Management Department Attachment A PICO Boulevard Community Comments and Observations Attachment B Map of Recommended PICO Boulevard Crosswalk Improvements Attachment C Resolution of Intent (City CounCIl) Attachment D Resolution of Intent (Redevelopment Agency) Attachment E Second Amendment to the Reimbursement Agreement 13 ~ ATTACHMENT C RESOLUTION NUMBER (CCS) (CIty Council Senes) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MOl'.nCA DECLARING ITS INTENT TO ISSUE TAX- EXEMPTION BONDS TO BE USED TO REIMBURSE THE CITY FOR COMMERCIAL STREETS CAPE PROGRAM EXPENDITURES PRIOR TO THE ISSUANCE OF SUCH BONDS . . - WHEREAS, the CIty of Santa MOllica (the "CIty") desIres and mtends to finance certam pubhc capItal unprovements prevIously approved by the CIty as the Commercial Streetscape Program. compnsed of the PICO Boulevard Phase and other CommercIal Streetscr.pe improvements of benefit to the Santa MOllica Earthquake Recovery Redevelopment Project (the "ProJecC). and WHEREAS, the CIty expects to cause t:le executlOn. delIvery and sale of tax exempt obligatIOns such as bonds to be repaId from the revenues of the Project for the purpose ofprovldmg financing for all or a portlOn of the Commercial Streetscape Program (the "ObhgatIOns"); and WHEREAS, the CIty expects to mcur certam expendItures relatmg to the Project and to pay for such expendItures from the CIty's moneys on hand pnor to the executIOn of the ObhgatlOns (the "Relmbursement ExpendItures'"). and WHEREAS. the Clty reasonably expects to use a portIOn of the proceeds of the OblIgatIOns to relmburse the CIty for expendItures made pnor to the date the Obhgatlons are entered mto. NOW. THEREFORE. THE CITY COL"NCIL OF THE CITY OF SANTA M01'\lCA DOES HEREBY RESOL VE. DETERM~E AND ORDER AS FO:'LOWS SECTION 1 Declarallon of OffiCIal Intent The CIty CouncIl hereby declares the offiCial mtent of the eny, subject to the further approval of thiS CounCl!. to use up to S 1 0.000.000 of the proceeds of the Obhgatlons to reImburse ltself for the Relmbursement Expendltures It is mtended that thlS ResolutIOn shall constItute a declaratIOn of "offiCial mtenC \\lthm the meanmg of SectIOn 1 150-2 of the Treasury Regulallons promulgated under SectIon 150 of the Internal Revenue Code of 1986. as amended SECTION 2 Other Approvals The adoptIOn of thIs ResolutlOn shall not bmd the Clty to proceed \\lth executlon and delIvery of the ObhgatlOns untIl and unless all other necessary act10ns and approvals are taken or receIved In accordance "\-lth all apphcable laws SECTION 3 The CIty Clerk 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 ~ ' I I !?/:J4n ,gA' lUb'./M . - Mars a ones ~tne CIty Attorney - F '.MERL" SH.\RE-"Rede\'e: opmenhEcon De--"!.?;XI S~<<l5U:ve..lnducl":1l'er'" ReS(\ P,C-t,) CC wpd , . I . RESOLUTI01\ NUMBER 9361CCS (CIty CouncIl Senes) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAi".'TA MOj\lCA DECLARING ITS IKTENT TO ISSUE TAX- EXEMPTION B01\1)S TO BE USED TO REIMBURSE THE CITY FOR COMMERCIAL STREETSCAPE PROGRAM EXPENDITURES PRIOR TO THE ISSUANCE OF SUCH BONDS WHEREAS. the CIty of Santa Ylomca (the <'CIty") desIres and mtends to finance certam publIc capItal Improvements prevIOusly approved by the CIty as the CommercIal Streetscape Program. compnsed of the PICO Boulevard Phase and other CommercIal Streetscape Improvements of benefit to the Santa Momca Earthquake Recovery Redevelopment Project (the "ProJecC). and WHEREAS. the CIty expects to cause the executIon, dehvery and sale of tax exempt oblIgatIons such as bonds to be repaId from the revenues of the Project for the purpose ofprovldmg financmg for all or a portIon of the CommerCIal Streetscape Program (the "ObhgatlOns"). and \VHEREAS, the Cny expects to mcur certam expenditures relatmg to the Project and to pay for such expenditures from the CIty's moneys on hand pnor to the executIon of the ObhgatlOns (the "ReImbursement ExpendItures"'). and 'WHEREAS. the CIty reasonably expects to use a portlOn of the proceeds of the ObhgatlOns to reImburse the CIty for expendItures made pnor to the date the ObhgatlOns are entered mto. ~OW. THEREFORE. THE CITY COUNCIL OF THE CITY OF SA1\T A MONICA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS SECTI01\" I DeclaratIOn of OffiCIal Intent The CIty CouncIl hereby declares the offiCIal mtent of the CIty, subject to the further approval ofthls CounCIL to use up to $10.000.000 of the proceeds of the ObligatIOns to reImburse Itself for the ReImbursement ExpendItures It IS llltended that thiS ResolutIon shall constItute a declaratIOn of "offiCial mtent'" \VIthm the meanmg of SectIOn 1 150-2 of the Treasury RegulatIons promulgated under SectIOn 150 of the Internal Revenue Code of 1986. as amended SECTION 2 Other Approvals The adoptIOn of this ResolutlOn shall not bmd the CIty to proceed With executIOn and dehverv of the Oblu!ations untIl and unless all other necessarv actIOns . - . and approvals are taken or receIved m accordance WIth all applIcable laws I I \ SECTION 3 The Crty Clerk shall certIfy to the adoptIOn of thIS ResolutIon. and thenceforth and thereafter the same shall be III full force and effect APPROVED AS TO FORt\1 . "'I h1 ~ t ~ / /'1 / '/ ; ~i ~ J...b 1:IJ AA. ! UhI . ~ Marsh.vJones ~tne CIty Attorney . F ....\1ERL.SH.\.RFRede\."ekrpmenr..EcO'1 De'I.'-'PL\:O S~et!![Sc.ape-,jr.ducement Re5-o PICO CC 'l),lJd t . . Adopted and approved this 26th of January, 1999 J t1IIt - I, Mana M Stewart, City Clerk of the City of Santa MOnica, do hereby certify that the foregoing Resolution 9361 (CCS) was duly adopted at a meeting of the Santa . Monica City Council held on the 26th of January, 1999 by the follOWing vote Ayes Councllmembers Feinstein, Genser, Holbrook, McKeown, O'Connor, Rosenstem Noes Councllmembers None Abstain Councllmembers None Absent Councllmembers None ATTEST ....... ~ ~ . ~.......k Mana M Stewart, City Clerk ATTACHMEl\il D RESOLUTION NUMBER (RAS) (Redevelopment Agency Senes) A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA DECLARING ITS INTENT TO ISSUE TAX-EXEMPTION BONDS TO BE USED TO REIMBURSE THE CITY FOR COMMERCIAL STREETSCAPE PROGRAM EXPENDITURES PRIOR TO THE ISSUANCE OF SUCH BONDS WHEREAS, the Redevelopment Agency of the City of Santa Momca (the" Agency") - deSIres and mtends to finance certam publIc capital Improvements prevIOusly approved by the CIty of Santa Momca (the "Cny') and the Agency as the Commercial Streetscape Program, compnsed of the PICO Boulevarci Phase and other CommerCIal Streetscape Improvements of benefit to the Santa MOllica Earthquake Recovery Redevelopment Project (the "ProJect"). and WHEREAS, the Agency expects to cause the executIon. delIvery and sale of tax exempt oblIgatIOns such as bonds to be repmd from the revenues of the Project for the purpose of providing financmg for all or a portion of the Commercial Streetscape Program (the "ObhgatlOns"). and \VHEREAS, the Cny and Agency expect to mcur certam expendItures relatmg to the Project and to pay for such expendItures from the CIty and/or Agency' s moneys on hand pnor to the executIOn of the ObhgatlOns (the -'ReImbursement Expenditures"), and \VHEREAS. the Agency reasonably expects to use a portIon of the proceeds of the OblIgatIOns to reImburse the Cny for expendItures made pnor to the date the OblIgations are entered mto. NOW. THEREFORE. THE REDEVELOPylENT AGE:-JCY OF THE CITY OF SANTA i\10NICA DOES HEREBY RESOLVE. DETEPJ\1INE A:.JD ORDER AS FOLLOWS SECTIOK 1 DeclaratIOn ofOfficlal Intent The Agency hereby declares Its offiCIal mtent. subject to the further approval of the Agency. to use up to $10.000.000 of the proceeds of the ObhgatIOns to reImburse Itself and/or the City for the ReImbursement ExpendItures It IS mtended that thIS ResolutIOn shall constItute a declaratIOn of -'officlal mtent"" vv1thm the meanmg of SectIon 1 150-2 of the Treasury Regulanons promulgated under SectIon 150 of the Internal Revenue Code of 1986. as amended SECTION 2 Other Approvals The adoptIOn of thIS ResolutIOn shall not bmd the Agency to proceed \\1th executIon and dehvery of the OblIgatIons until and unless all other necessary actIOns and approvals are taken or received m accordance WIth all applIcable la\vs SECTION 3 The Agency Secretary shall certlfy to the adoptlon of this ResolutIOn. and thenceforth and thereafter the same shall be m full force and effect APPROVED AS TO FORM !7J!Jdil,.A At~ Mar~ JonetK1ouiri; , ~ Agency General Counsel . F ",\.1ERL'SH '\R.FRede...-elcopmem\Econ ~'i'.PLi:O Streetsca.....""'C.jrd....:cem~['l Re:so PICO RD~ w:Jd ~ RESOLUTION N1Jl\1BER 458 RA.S (Redevelopment Agency Senes) A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SMl A MO~ICA DECLARING ITS INTENT TO ISSUE TA.X-EXEMPTION B01\1)S TO BE USED TO REIMBURSE THE CITY FOR COMMERCIAL STREETS CAPE PROGRAM EXPENDITURES PRIOR TO THE ISSUANCE OF SUCH BONDS \VHEREAS. the Redevelopment Agency of the CIty of Santa Momca (the "Agency") desIres and mtends to finance certam publIc capItal rmprovements preVIOusly approved by the City of Santa MOnIca (the "CI1)') and the Agency as the CommerCial Streetscape Program. compnsed of the PICO Boulevard Phase and other CommerCial Streetscape Improvements of benefit to the Santa Momca Earthquake Recovery Redevelopment Project (the "Project'"). and \VHEREAS, the Agency expects to cause the execution. dehvery and sale of tax exempt oblIgatIOns such as bonds to be repaid from the revenues of the Project for the purpose of provldmg financmg for all or a portIOn of the CommercIal Streetscape Program (the "OblIgatIOns"). and \VHEREAS. the CIty and Agency expect to mcur certam expendItures relatmg to the PrOject and to pay for such expendItures from the CIty and/or Agency's moneys on hand pnor to the execution of the OblIgatIOns (the "ReImbursement ExpendItures'"). and \vlfEREAS. the Agency reasonably expects to use a portIon of the proceeds of the OblIgatIons to reImburse the CIty for expendItures made pnor to the date the OblIgatIOns are entered Into. ~OW. THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE. DETER-MINE AND ORDER AS FOLLOWS SECTION 1 DeclaratIon of Oftlclal Intent The Agency hereby declares 11S official mtent. subject to the further approval of the Agency, to use up to $10.000,000 of the proceeds of the OblIgatIOns to reImburse Itself and/or the Cny for the ReImbursement Expendltures It IS mtended that thIS ResolutIOn shall constItute a declaratIOn of"officlalmtenC wIthm the meanmg of Section 1 150-2 of the Treasury RegulatIOns promulgated under SectIOn 150 of the Internal Revenue Code of 1986. as amended SECTION 2 Other Approvals The adoptIOn oftrns Resolutlon shall not bmd the Agency to proceed WIth executIOn and delIvery of the ObhgatlOns untIl and unless aU other necessary actIons and approvals are taken or receIved m accordance wnh all applIcable laws SECTION 3 The Agency Secretary shall certrfy to the adoptIOn of this ResolutIOn. and thenceforth and thereafter the same shall be m full force and effect APPROVED AS TO FORM lIt j) A., jl~ij#A._/{L~_ Mar~ Jonet1vloutne Agency General Counsel F ..~tERVSHARE.'~edevI::IO[I'llen[";Ecoll ~-'.PLro Stf-ce&apc"-Jnducement Res'i:' Pica RDA y..-pc Adopted and approved tills 26th day of January, 1999 \ ~~ 1 Pam O'Connor, Chmr I hereby certIfy that the foregomg ResolutIOn No 458 (RA.S) \vas duly adopted at a meetIng of the Redevelopment Agency held on the 26th day of January 1999 by the folloWIng vote Ayes Agency Member Femstem, Genser. Holbrook. McKeo\\<TI, O'Connor. Rosenstem ~oes Agency Member None AbstaIn Agency Member None Absent Agency Member None ATTEST . ~~~ Mana Stew ecretarv --- -- - ~ - - - ATTACHMENT E SECOND AMENDMENT TO THE FEBRUARY 3, 1997 REIMBURSEMENT AGREEMENT FOR THE COMMERCIAL STREETSCAPE PROGRAM (PICO BOULEVARD PHASE) BY AND BETWEEN THE CITY OF SANTA MONICA AND THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA THIS SECOND AMENDMENT TO THE REIMBURSEMENT AGREEMENT ("Amendment") is entered into this _ day of , 1999, by and between the CITY OF SANTA MONICA (the "City") and the REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA (the "Agency"), with reference to the following facts: A The City and Agency entered Into a Reimbursement Agreement for the Commercial Streetscape Program on February 3, 1997 In the amount of )"hree Million One - Hundred Eighteen Thousand Nine Hundred and Fifteen Dollars ($3,118,915), as an advance by the City to the Agency to pay all or part of the construction and Installation of the initial phase of the Commercial Streetscape Program B On January 12, 1999, the City and Agency entered into a First Amendment to the Reimbursement Agreement for the Commercial Streetscape Program which added Two Million Seven Hundred Thirty-One Thousand Four Hundred and Seventy-Seven dollars ($2,731,477) as an additional advance for the costs for constructmg and installing landscaped medians, pedestnan lights and additional trees for the PICO Boulevard Streetscape Improvement Project C The City and Agency, at City Council direction and With Agency approval, now deSire to further amend the scope of the 100tlal phase of the Commercial Streetscape Program which Will result In Eight Hundred Eighty-SIX Thousand dollars ($886,000) of additional costs for constructing and Installmg crosswalk enhancements including paving, flashers, striping and Improved slgnage along PIca Boulevard for the PIca Boulevard Streetscape Improvement Project. 0 The Agency has prepared a Redevelopment Plan for the Santa Monica Earthquake Recovery Redevelopment Project which would result In allocation of taxes from the Project Area to the Agency for the purposes of redevelopment E The Agency proposes to Implement the Commercial Streetscape Program, as deSCribed In the Program Description of the Reimbursement Agreement dated February 3,1997. F. The estImated aggregate cost of implementation of the Commercial Streetscape Program, which IS to be earned out in multIple phases, is approXimately twenty million dollars ($20,000,000) G. The City and the Agency have made the determmatlons required by Califorma Health and Safety Code SectIon 33445. -1- NOW, THEREFORE, the parties hereto do mutually agree as follows: A. City Obligations 1 The City shall advance an additional Eight Hundred Eighty-Six Thousand dollars ($886,000), which will result in a total to the Agency of Six Million Seven Hundred Thirty-SIX Thousand Three Hundred Ninety-Two dollars ($6,736,392) when and as needed by the Agency to pay all or part of the cost of constructing and installing the initial phase of the Commercial Streetscape Program (PICO Boulevard Streetscape Phase), including the crosswalk enhancements 2. The City may, at its option, make additional loans to the Agency for the purpose of financing all or part of the phases of the Commercial Streetscape Program in accordance with the Program Description. Any such additional loans shall be made upon - completion of City planning actiVities and upon the preparation of plans and specifications for the subject Improvements, as determined by further action of the City Council B Entire Agreement: Waivers and Amendments 1. This Amendment shall be executed In triplicate originals, each of which IS deemed to be an anginal. ThiS Amendment includes three (3) pages which constitute the entire understanding and agreement of the parties. 2. ThiS Amendment Integrates all of the terms and conditions mentioned herein or InCidental hereto, and supercedes all negotiations or prevIous agreements between the parties With respect to the subject matter of thiS Amendment, includIng but not limited to the ReImbursement Agreement for the CommerCial Streetscape Program dated February 3, 1997 and the First Amendment to the Reimbursement Agreement for the Commercial Streetscape program dated January 12, 1999. 3. This Amendment is intended solely for the benefit of the City and the Agency. Notwithstanding any reference In thiS Amendment to persons or entitles other than the City and the Agency, there shall be no third party beneficiaries under this Amendment 4 All waivers of the provisions of thiS Amendment and all amendments to thiS Amendment must be In writing and Signed by the authonzed representatives of the parties -2- IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first set forth above Attest: CITY OF SANTA MONICA By. By Mana M. Stewart John Jalih City Clerk City Manager . - Attest REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA By By Mana M. Stewart John Jahh Secretary Executive DIrector APPROVED AS TO FORM tnllA~~ _ Marlsha Jon~ Moutne City Attorney and General Counsel F "\A TTY'.MUNI'.cONTRACT\LBC\PICO -3- SECOND AMENDMENT TO THE FEBRUARY 3, 1997 REIMBURSEMENT AGREEMENT FOR THE COMMERCIAL STREETSCAPE PROGRAM (PICa BOULEVARD PHASE) BY AND BETWEEN THE CITY OF SANTA MONICA AND THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA THIS SECOND AMENDMENT TO THE REIMBURSEMENT AGREEMENT ("Amendment") IS entered If'lto this _ day of , 1999, by and between the CITY OF SANTA MONICA (the "City") and the REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA (the "Agency"), with reference to the follOWing facts A. The City and Agency entered mto a Reimbursement Agreement for the Commercial Streetscape Program on February 3, 1997 in the amount of Three Million One Hundred Eighteen Thousand Nine Hundred and Fifteen Dollars ($3,118,915), as an advance by the City to the Agency to pay all or part of the construction and Installation of the imtlal phase of the Commercial Streetscape Program. S On January 12, 1999, the City and Agency entered mto a First Amendment to the Reimbursement Agreement for the Commercial Streetscape Program which added Two Million Seven Hundred Thirty-One Thousand Four Hundred and Seventy-Seven dollars ($2,731,477) as an additional advance for the costs for constructing and installing landscaped medians, pedestnan lights and additional trees for the PICO Boulevard Streetscape Improvement Project C The City and Agency, at City CounCil direction and with Agency approval, now desire to further amend the scope of the Imtlal phase of the Commercial Streetscape Program which Will result In Eight Hundred Eighty-SlY Thousaf'ld dollars ($886.000) of additional costs for cOfl~tructlng and Installing crosswalk enl1anc.~.rnents including J:''"'\flng. flashers, striping and Improvea slgnage along PICO Boulevard for the PICO Boulevard Streetscape Improvement Project. D. The Agency has prepared a Redevelopment Plan for the Santa Monica Earthquake Recovery Redevelopment Project whIch would result In allocation of taxes from the Project Area to the Agency for the purposes of redevelopment. E The Agency proposes to Implement the Commercial Streetscape Program, as described In the Program Description of the Reimbursement Agreement dated February 3,1997. F. The estimated aggregate cost of Implementation of the Commercial Streetscape Program, which IS to be carned out in multiple phases, IS approximately twenty million dollars ($20,000,000) G The City and the Agency have made the determinations reqUired by California Health and Safety Code Section 33445 -1- NOW, THEREFORE, the parties hereto do mutually agree as follows A City Obligations 1 The City shall advance an additional Eight Hundred Eighty-SIx Thousand dollars ($886,000), which will result In a total to the Agency of SIX Million Seven Hundred Thirty-Six Thousand Three Hundred Ninety-Two dollars ($6.736,392) when and as needed by the Agency to pay all or part of the cost of constructing and installing the initial phase of the Commercial Streetscape Program (PICO Boulevard Streetscape Phase), including the crosswalk enhancements. 2. The City may, at Its optIon, make additional loans to the Agency for the purpose of financing all or part of the phases of the Commercial Streetscape Program in accordance With the Program Description Any such additional loans shall be made upon completion of City planning actlvliies and upon the preparation of plans and specifications for the subject Improvements, as determined by further action of the City Council. B EntIre Agreement: Waivers and Amendments 1 This Amendment shall be executed In triplicate onglnals, each of whIch IS deemed to be an onglnal ThiS Amendment Includes three (3) pages which constitute the entire understanding and agreement of the parties 2 ThiS Amendment Integrates all of the terms and conditions mentioned herein or inCidental hereto, and supercedes all negotiations or prevIous agreements between the parties With "pspcct to thf! s; IbF~C~ matter of thiS 1\mendment. :'1cluding but not limited to the Relmbursp.ment Agreempr'i tor the Comm€"-;Ial Sr:....etscape Program dated February 3, 1997 and the First Amendrnellt to the Reimbursernent Agreement for the Commercial Streetscape program dated January 12, 1999 3 ThiS Amendment is mtended solely for the benefit of the City and the Agency. Notwlthstandmg any reference In thiS Amendment to persons or entitles other than the CIty and the Agency, there shall be no third party benefiCiaries under this Amendment 4 All waivers of the prOVISions of thiS Amendment and all amendments to thiS Amendment must be In writing and Signed by the authOrized representatives of the parties. -2- - -------- -- - - --- --- - -- -- --- IN WITNESS WHEREOF, the partIes have executed this Amendment as of the date first set forth above Attest: CITY OF SANTA MONICA By By Mana M Stewart John Jalih City Clerk City Manager Attest REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA By By Mana M Stewart John Jallh Secretary Executive Director APPROVED AS TO FORM In~~~ Marfsha Jon~ Moutne . , City Attorney and General Counsel F ',p, TTY,MUNI\CONTRACT\LBC\PICO -3-