R10197ATTACHMENT A
RESOLUTION NUMBER 10197 (CCS)
(City Council Series)
RESOLUTION OF THE CITY OF SANTA MONICA CONSENTING
TO THE USE OF AGENCY FUNDS FOR THE ACQUISITION
OF PROPERTY LOCATED AT 1338 -42 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 ") forthe 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
Bryan Family Trust, located at 1338 -42 5th Street, Santa Monica, California (the "Property ")
and to negotiate and execute a Purchase and Sale Agreement and other related
documents with Bryan Family Trust 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, 4th Court on the west and 6th 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 setforth
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 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 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 City Council hereby consents to the use of Agency funds from the
Project Area for the acquisition of the Property.
SECTION 3. The City Manager is hereby authorized to 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 4. The obligations of the Agency under the Agreement shall constitute
2
an indebtedness of the Agency for the purpose of carrying out the Redevelopment Plan for
the Project Area.
SECTION 5. 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
Adopted and approved this 13th day of February, 2007.
E \, L`
Richard Bloom, Mayor
I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Resolution No. 10197 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 13th day of February, 2007, by the following vote:
Ayes: Council members: Genser, Holbrook, McKeown, O'Connor, Shriver
Mayor Bloom,
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: Mayor Pro Tern Katz
ATTEST:
Maria M. Stewa , City Clerk