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R-10464ATTACHMENT A City Council Meeting 3-23-10 Santa Monica, California RESOLUTION NUMBER 10464 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CONSENTING TO THE USE OF REDEVELOPMENT AGENCY FUNDS FOR THE SEISMIC RETROFIT AND OTHER IMPROVEMENTS TO PARKING STRUCTURE TWO AND MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 WHEREAS, the Redevelopment Agency of the City of Santa Monica (the "Agency") has prepared a Redevelopment Plan for the Santa Monica Earthquake Recovery Redevelopment Project (the "Redevelopment Plan") which would result in the allocation of taxes from the Santa Monica Earthquake Recovery Redevelopment Project Area (the "Project Area") to the Agency for the purposes of redevelopment; and WHEREAS, the intent of the Redevelopment Plan is, in part, to provide for and facilitate the repair; restoration and/or replacement of facilities damaged as a result of a 1994 Northridge Earthquake and to perform specific actions necessary to prevent or mitigate against the effects of a disaster; and WHEREAS, the Agency owns Parking Structure Two and is authorized by Section 33400 of the Health and Safety Code to maintain, manage, and repair this structure; and 1 WHEREAS, the Agency wishes to delegate to the City of Santa Monica (the "City") the Agency's authority to carry out the seismic retrofit and other improvements to this parking structure (the "Project") and the City wishes to accept that delegation, pursuant to Section 33205 of the Health and Safety Code; and WHEREAS, the Agency wishes to fund the Project with funds from the Santa Monica Earthquake Recovery Redevelopment Project; and WHEREAS, the City and Agency have proposed to enter into a Cooperation Agreement to provide a means of carrying out the Project; and WHEREAS, the seismic retrofit and other improvements of the Project will assist the recovery from and the elimination of one or more of the conditions resulting from the 1994 Northridge Earthquake disaster as authorized by the Redevelopment Plan and the Community Redevelopment Financial Assistance and Disaster Project Law (former Part 1.5, commencing with Health and Safety Code Sections 34000 et seq., as that law existed prior to the effective date of the Act that repealed that law); and WHEREAS, the seismic retrofit and other improvements of the Project are consistent with Redevelopment Agency's Five-Year Implementation Plan in that it helps achieve the Disaster Prevention and Mitigation goals as set forth in the Implementation Plan; and WHEREAS, the seismic retrofit and other improvements of the Project are of benefit to the Project Area and the immediate neighborhood in which the Project is located; and 2 WHEREAS, Section 33445(a) of the Health and Safety Code authorizes a redevelopment agency, with the consent of the legislative body and if the agency and the legislative body make certain determinations specified in Section 33445, to pay all or part of the cost of installation and construction of any publicly owned improvement; 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: SECTION 1. Based on substantial evidence in the record, the City Council hereby finds and determines: (1) that the foregoing recitals are true and correct; (2) that the Project is of benefit to the Project Area; (3) that there are no other reasonable means available other than that to be set forth in the Cooperation Agreement to Finance the Project; (4) that the payment of funds for the Project will assist in the recovery from and the elimination of one or more of the conditions resulting from the 1994 Northridge Earthquake disaster; and (5) that the Project is consistent with the implementation plan adopted pursuant to Section 33490 of the California Redevelopment Law. 3 SECTION 2. The City hereby consents to the use of Agency funds from the Project Area for the seismic retrofit and other improvements for the Project. SECTION 3. The City Manager is hereby authorized to execute the Cooperation 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 that Agreement. 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: ~' ` ~~ :~~ MA HA J S MOU RIE City torn 4 Adopted and approved this 23'd day of March, 2010. -~t°-~~ Pam O'Connor, Mayor Pro Tem I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 10464 (CCSa was duly adopted at a meeting of the Santa Monica City Council held on the 23' day of March, 2010, by the following vote: Ayes: Council members: McKeown, Shriver, Davis, O'Day Mayor Pro Tem O'Connor Noes: Council members: None Absent: Council members: Bloom, Holbrook ATTEST: ``-~-e..~-e..., c~.~ Maria M. Stewart, Ci Clerk