r-533Redevelopment Agency Meeting 8-23-11 Santa Monica, California
RESOLUTION NUMBER 5 ~~ (RAS)
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA
MONICA APPROVING AND ADOPTING THE ENFORCEABLE OBLIGATION PAYMENT
SCHEDULE
WHEREAS, pursuant to the California Community Redevelopment Law (Health and
Safety Code Section 33000 et seq.) (the "Redevelopment Law"), the City Council of the
City of Santa Monica (the "Council") adopted the Earthquake Recovery Redevelopment
Project by Ordinance No. 1747 (CCS) on June 21, 1994, the Dowhtown Redevelopment
Project by Ordinance No. 1021 (CCS) on January 13, 1976, the Ocean Park 1A Project by
Ordinance No. 497 (CCS) on June 30, 1960, and the Ocean Park 1 B Project by Ordinance
No. 516 (CCS) on January 24, 1961 (collectively the "Redevelopment Plans"); and
WHEREAS, the Redevelopment Agency of the City of Santa Monica (the "Agency")
is responsible for implementing the Redevelopment Plans pursuant to the Redevelopment
Law; and
WHEREAS, the California Legislature has adopted, and the Governor has signed,
ABX1 26 (AB 26) and ABX1 27 (AB 27) into law, and the validity of those statutes have
been challenged by petitioners in California Redevelopment Association v. Matosantos,
Case No. S194861, as violating the State Constitution and other laws; and
WHEREAS, on August 11, 2011, the California Supreme Court issued a partial stay
in Case No. S194861, staying Chapter 6, Statutes 2011, First Extraordinary Session
1
(Assembly Bill No. 27 X1) in its entirety and staying Chapter 5, Statutes 2011, First
Extraordinary Session (Assembly Bill No. 26 X1), except that the request to stay Division
24, Part 1.8 of the Health and Safety Code (Health & Safety Code, §§ 34161-34167) was
denied; and
WHEREAS, on August 17, 2011, the California Supreme Court modified its partial
stay in Case No. S194861 by, among other things, staying Chapter 5, Statutes 2011, First
Extraordinary Session (Assembly Bill No. 26 X1), except that the denial of the request to
stay Division 24, Part 1.8 of the Health and Safety Code was clarified to include Health &
Safety Code §§ 34161-34169.5; and
WHEREAS, Section 34167(d) of Part 1.8 of the Redevelopment Law defines an
"enforceable obligation" for purposes of Part 1.8, and Section 34167(f) of the
Redevelopment Law provides that nothing in Part 1.8 shall be construed to interfere with
the Agency's authority to perform "enforceable obligations" as defined therein, including
making payments due; and
WHEREAS, Section 34167(h) of the Redevelopment Law provides that the Agency
may not make a payment unless it is listed in an adopted enforceable obligation payment
schedule, other than payments required to meet obligations with respect to bonded
indebtedness; and
WHEREAS, the Agency has prepared a schedule, which is Exhibit 1 to this
Resolution, setting forth all of the obligations which the Agency has determined are
enforceable obligations under Section 34167(d) of the Redevelopment Law; and
2
WHEREAS, the Agency does not intend, by adoption of this Resolution, to waive
any constitutional and/or legal rights by virtue of the adoption of this Resolution and,
therefore, reserves all of its rights under Laws to challenge the validity of any or all
provisions of AB 26 and AB 27 in any administrative or judicial proceeding and/or repeal
this resolution, without prejudice to the City's right to perform and enforce its enforceable
obligations; and
WHEREAS, under Title 14 of the California Code of Regulations, Section
15061(b)(3), the approval of the Enforceable Obligation Payment Schedule is exempt from
the requirements of the California Environmental Quality Act ("CEQA"), in that it is not a
project as the adoption of the Enforceable Obligation Payment Schedule will not have the
potential of causing a significant environmental effect and it can be seen with certainty that
there is no possibility that the adoption of the Enforceable Obligation Payment Schedule
will have any significant effect on the environment; and
WHEREAS, the Agency Board has reviewed and duly considered the proposed
Enforceable Obligation Payment Schedule, documents, and other written evidence
presented at the meeting.
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF
SANTA MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The Agency hereby finds and determines that the foregoing recitals
are true and correct.
SECTION 2. The Agency hereby approves and adopts the Enforceable Obligation
Payment Schedule attached as Exhibit 1.
3
SECTION 3. The Agency Board authorizes the Agency's Executive Director or the
Executive Director's designee to:
(1) Post the Enforceable Obligation Payment Schedule on the Agency's and City's
Website.
(2) Designate an Agency. representative to whom all questions related to the
Enforceable Obligation Payment Schedule can be directed.
(3) Transmit the Enforceable Obligation Payment Schedule by mail or electronic
means to the Los Angeles County Auditor-Controller, the State Controller, and
the State Department of Finance.
(4) Take such other actions and execute such other documents as are appropriate
to effectuate the intent of this Resolution and to implement the Enforceable
Obligation Payment Schedule on behalf of the Agency.
SECTION 4. 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:
M RSH ONES M UTRIE
A e cy C unsel
MURRAY KANE
Special Agency Counsel
4
SECTION 3. The Agency Board authorizes the Agency's Executive Director or the
Executive Director's designee to:
(1) Post the Enforceable Obligation Payment Schedule on the Agency's and City's
Website.
(2) Designate an Agency representative to whom all questions related to the
Enforceable Obligation Payment Schedule can be directed.
(3) Transmit the Enforceable Obligation Payment Schedule by mail or electronic
means to the Los Angeles County Auditor-Controller, the State Controller, and
the State Department of Finance.
(4) Take such other actions and execute such other documents as are appropriate
to effectuate the intent of this Resolution and to implement the Enforceable
Obligation Payment Schedule on behalf of the Agency.
SECTION 4. 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:
MARSHA JONES MOUTRIE
Agency Counsel
,,
M RAY KANE
Special Agency Counsel
4
N
The Redevelopment Agency of the City of Santa Monica
All Project Areas
ENFORCEABLE OBLIGATION PAYMENT SCHEDULE
Per AB 26
~2vi~
~X~i (D~~" .1-
Pro
e
t N
I D
bt Total Due During Pa ments b month
j
c
ame
e ProJecl Area Payee Description Fiscal Year 11-72 ug ep c ov ec o a
1 Arizona and 4th Notes Earth uake 5 ur in et al Pro en ac uisition 1,697 440.00
2) Wells Fargo Term Loan Earthquake Wells Fargo Variety of public uses, including 5,258,871.00 81,096.42 81,09fi.42 87,096.42 81,096.42 81,096.42 405,482.10
a ortlable o '
3) 2017 Eanhquake RDA Eanhquake Union Bank Variety of public uses, including 1,131,20fi.00 - - _ _ _
Bonds a ousin
4) 2006 Earthquake RDA Earthquake Mellon Bank Propeny acquisition and 1,113,647.00 - -
eries Bo tl imo ove e
5) 2006 Earthquake RDA Eanhquake Mellon Bank Property acquisition and 110,737.00 - - - _ _
eries B o d i ravements
6) 2002 Ocean Park Bonds Ocean Park Mellon Bank Property acquisition and 249,005.00 - _ _ _
development, including
7) eank ofAmerica Line of Earthquake Bank of America Affortlable Housing 610,016.00 50,834.67 50,834.67 50,834.67 50,834.67 50,834.67 254,173.35
retlit E Lo Mo Devel ent
8) Promissory notes Downtown Cily of Santa Downtown property acquisition 1,714,000.00 - _ _ _
payable Monica and Agency atlministrative
9) Promissory notes Ocean Park City of Santa Advances for Agency - _ _ _
e 'c alive e e e
10) Master Cooperation Eanhquake City of Santa Development of various public 76,488,000.00 - - _ _ -
Agreement Monica improvements antl affortlable
11) Reimbursement All Cily of Santa Reimbursement for 302,504.00 25,208.67 25,208.67 25,208.67 25,206.67 25,208.67 126,043.35
Agreement Low/Mod Monica atlministrative expenses of the
P
12) Reimbursement Downtown City of Santa Reimbursement for 193,914.00 ifi,159.50 16,159.50 16,159.50 16,159.50 16,159.50 80,797.50
Agreement Monica administrative expenses of the
13) Reimbursement Earthquake City of Santa Reimbursement for 5,169,652,00 430,804.33 430,804.33 430,804.33 430,804.33 430,804.33 2,154,021.fi5
Agreement Monica administrative expenses of the
A
14) Reimbursement Ocean Park Cdy of Santa Reimbursement for 262 973.00 21,909.42 21,909.42 21,909.42 21,909.42 21,909.42 109,547.10
Agreement Monica atlministretive expenses of the
15) Pass Through Agreement Earthquake Various Taxing Pass through payments to other 7,100,000.00 - - 7,100,000.00 - - 7,100,000.00
Payments Entities agencies (Exclutling the LA.
1 '
16) Civic Center Joint Use Earthquake Santa Monica Civic Center Joint Use Project 17,712,000.00 - 2,798,250.00 1,016,250.00 1,016,250.00 1,016,250.00 5,847,000.00
17) Promissory Notes: 2003 Earthquake Cky of Santa Promissory Notes 3,669,697.50 - - _ _
Parking Structures 1-6 Monica
Acquisition
...•.•~.. •. ,.~ ~~.~~~.~..... - ,,,y aumuame nuusng Prolec
• High Place West [aka: 1942-54 High Place S 234548 Virginia Ave.]
• High Piece East [aka: 1943-59 High Place]
• FAME [akaa]5419tH Sq 1]5318th St & 1920.-38 Euclid 5t]
• 2802 Pico Blvd.
• 438-588 Pico Blvd.
• 528 Coloratlo Ave.
• 1616 Ocean Avenue
AUG 2 3 2011
Page t at 1
Adopted and approved this 23'd day of August, 2011. ~®
.~~--LV ~S `~
Richard Bloom, Chair
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Resolution No. 533 (RAS) was duly adopted at a joint meeting of the
Santa Monica City Council and the Redevelopment Agency held on the 23`d day of
August, 2011, by the following vote:
Ayes: Agency members: Holbrook, McKeown, O'Connor, O'Day, Shriver
Chair Bloom, Chair Pro Tem Davis
Noes: Agency members: None
Absent: Agency members: None
ATTEST:
Maria M. Stewart, A ency Secretary