City of Culver City, California
Agenda Item Report
Page 1 of 3
RECOMMENDATION:
Staff recommends:
The City Council adopt a resolution authorizing the City Manager to take any and
all actions necessary to effectuate the acceptance of the assignment of any and
all outstanding agreements and contracts to which the Agency is a party and
authorize Kane, Balmer and Berkman to continue to act as lead legal counsel on
all redevelopment related matters identified in the 2011 Cooperation
Agreements.
The Redevelopment Agency Board (Agency Board) adopt a resolution assigning
to the City any and all outstanding agreements and contracts to which the Culver
City Redevelopment Agency (Agency) is a party and authorize the Executive
Director to take any and all actions necessary to effectuate the assignment of
said agreements and contracts.
BACKGROUND/DISCUSSION:
Pursuant to Section 33220 of the California Community Redevelopment Law (Health
and Safety Code Section 33000 et seq.) (the “CRL”), certain public bodies, including
the City may aid and cooperate in the planning, undertaking, construction, or
operation of redevelopment projects.
Meeting Date: 3/14/2011 Item Number: JC-2
JOINT CITY COUNCIL/REDEVELOPMENT AGENCY AGENDA ITEM: Adoption of
Resolutions Assigning Any and All Outstanding Redevelopment Agency
Agreements and Contracts to the City of Culver City.
Contact Person/Dept.: Sol Blumenfeld Phone Number: 310.253.5702
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: Meetings and Agendas – City Council (03/10/11); Meetings and
Agendas – Redevelopment Agency (03/10/11)
Department Approval:
Sol Blumenfeld (03/09/11)
Agency General Counsel Approval:
Murray Kane (03/09/11)
City Attorney Approval:
Carol Schwab (by H. Baker) (03/10/11)
Chief Financial Officer Approval:
Jeff Muir (by N. Kimball) (03/10/11)
Executive Director/City Manager Approval:
John Nachbar (03/10/11) City of Culver City, California
Agenda Item Report
Page 2 of 3
As a result of the governor’s proposal to eliminate redevelopment agencies
throughout the State, the Agency Board has been taking various actions to transition
activities of the Agency to the City in order to implement the Redevelopment Plan;
create affordable housing; and redevelop, revitalize and/or eliminate blight in the
Project Areas as set forth in the Cooperation Agreement dated December 15, 2009,
as amended by the Implementing Agreement approved on January 15, 2011, the
Cooperation Agreement dated January 15, 2011, as amended by a First
Amendment to Cooperation Agreement dated February 22, 2011, the Cooperation
Agreement dated February 22, 2011, and related implementing documents
(collectively the “Cooperation Agreements”).
Based on anticipated actions by the State, Agency General Counsel has
recommended that the Agency Board assign to the City any and all outstanding
agreements and contracts and other similar documents (collectively the
“Agreements” to which the Agency is a party in order to facilitate the implementation
of the Cooperation Agreements. Such assignment will transfer to the City all rights,
duties, obligations and benefits as set forth in the assigned Agreements.
Notwithstanding, the Agency shall not be released by such assignments from any of
its obligations under any of the Agreements, and the Agency and its successors and
assigns, including voluntary successors, involuntary successors, and any person or
entity deemed to be a successor by operation of law, shall remain liable for all
payments due under the assigned Agreements.
Given the current status and complexities of the Agency-transferred projects and the
potential for litigation relative to the governor’s proposal, staff recommends that
Kane, Ballmer, Berkman continue to be lead counsel on all redevelopment matters
identified in the Cooperation Agreements and in the Agreements.
FISCAL ANALYSIS:
Staff believes State legislation is eminent that will restrict, limit, or eliminate the
Agency’s ability to continue its effort to implement the Redevelopment Plan, to
create affordable housing, and redevelop, revitalize and/or eliminate blight as set
forth in the Cooperation Agreements and the Agreements.
To this end, and pursuant to various agreements and other instruments adopted or
authorized by the Agency Board and the City Council, staff is in the process of
transferring cash, real property and other assets to the City. The cash and cash
equivalent assets are considered a prepayment of the funding obligations of the
Agency under the Cooperation Agreements and shall also provide the funding for
implementation of the Agreements assigned by the Agency to the City. The non-
cash assets (including land) shall be used by the City to further implement the
Redevelopment Plan, including the creation of affordable housing.
City of Culver City, California
Agenda Item Report
Page 3 of 3
ATTACHMENTS:
1. Proposed Agency Board Resolution
2. Proposed City Council Resolution
3. Partial List of Redevelopment Agency Contracts and Agreements
MOTION:
That the Agency Board:
1. Adopt a Resolution approving the assignment to the City of any and all
outstanding Agreements to which the Agency is a party; and
2. Authorize Agency General Counsel to review/prepare the necessary documents;
and,
3. Authorize the Executive Director to execute such documents on behalf of the
Agency.
That the City Council:
1. Adopt a Resolution authorizing the City Manager to accept the assignment to the
City of any and all outstanding agreements and contracts to which the
Redevelopment Agency is a party; and
2. Authorize the City Attorney to review/prepare the necessary documents; and
3. Authorize the City Manager to execute such documents on behalf of the City;
and,
4. Authorize Kane, Balmer and Berkman to continue to act as lead legal counsel on
all redevelopment related matters identified in the Cooperation Agreements and
the Agreements.
MEETING DATE: March 14, 2011
AGENDA ITEM: JOINT CITY COUNCIL/REDEVELOPMENT AGENCY AGENDA
ITEM: Adoption of Resolutions Assigning Any and All
Outstanding Redevelopment Agency Agreements and Contracts
to the City of Culver City.
ATTACHMENTS
Pages
1. Proposed Agency Board Resolution 1-3
2. Proposed City Council Resolution 4-6
3. Partial List of Redevelopment Agency Contracts
and Agreements 7
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RESOLUTION NO. 2011-A____
A RESOLUTION OF THE CULVER CITY REDEVELOPMENT
AGENCY BOARD ASSIGNING TO THE CITY OF CULVER
CITY ANY AND ALL OUTSTANDING AGREEMENTS AND
CONTRACTS TO WHICH THE REDEVELOPMENT AGENCY
IS A PARTY.
WHEREAS, pursuant to Section 33220 of the California Community
Redevelopment Law (Health and Safety Code Section 33000 et seq.) (the “CRL”), certain
public bodies, including the City of Culver City (the “City’) may aid and cooperate in the
planning, undertaking, construction, or operation of redevelopment projects; and
WHEREAS, as a result of the governor’s proposal to eliminate
Redevelopment Agencies throughout the State, the Culver City Redevelopment Agency
Board (the “Agency Board”) has been taking various actions to transition activities of the
Culver City Redevelopment Agency (the “Agency”) to the City in order to implement the
Redevelopment Plan, to create affordable housing, redevelop, revitalize and/or eliminate
blight in the Project Areas as set forth in the Cooperation Agreement dated December 15,
2009, as amended by the Implementing Agreement approved on January 15, 2011, the
Cooperation Agreement dated January 15, 2011, as amended by a First Amendment to
Cooperation Agreement dated February 22, 2011, the Cooperation Agreement dated
February 22, 2011, and related implementing documents (the “Cooperation Agreements”);
and
WHEREAS, on March 7, 2011 the Agency Board adopted Resolution No.
2011-A___ approving certain actions related to the transfer of real property and other
assets of the Agency to the City; and
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WHEREAS, based on anticipated actions by the State, Agency General
Counsel has recommended that the Board assign to the City any and all outstanding
agreements and contracts in order to facilitate the implementation of the Cooperation
Agreements; and
WHEREAS, the Agency’s previously transferred assets will fund existing
liabilities related to any and all outstanding agreements and contracts of the Agency and
will not require additional City General Fund allocations.
NOW, THEREFORE, the Board of the Culver City Redevelopment Agency
DOES HEREBY RESOLVE, as follows:
1. The foregoing recitals are true and correct.
2. Any and all outstanding agreements and contracts to which the Agency is a party
are hereby assigned to the City, including all rights, duties, obligations and
benefits thereunder.
3. Notwithstanding such assignments to the City, the Agency shall not be released
from any of its obligations under any of the agreements and contracts and the
Agency and its successors and assigns, including voluntary successors,
involuntary successors and any person or entity deemed to be a successor by
operation of law shall remain liable for all payments due under the assigned
agreements and contracts.
4. The Agency Executive Director, or designee, is hereby authorized, on behalf of
the Agency, to sign all documents necessary and appropriate to carry out and
implement the assignments made by this Resolution, and to administer the
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Agency’s obligations, responsibilities and duties to be performed under such
assignments.
5. This Resolution shall take effect immediately upon its adoption.
APPROVED AND ADOPTED, this day of , 2011.
MICHEÁL O’ LEARY, Chair
Culver City Redevelopment Agency
ATTEST: APPROVED AS TO FORM:
ALICE PRASAD, Agency Secretary MURRAY KANE, Agency General Counsel
A11-00128
Partial List
Culver City Redevelopment Agency
Contracts and Agreements
Alternative Living for the Aging
Amano McGann
Amtech Elevator Services
Architectural Resources Group
Barry Kurtz
Bellur K. Devaraj, P.E.
CBM Consulting, Inc./ KOA Corporation
Christopher Reiner
Civic Solutions (John Douglas)
CJ Strategies LLC
Coffey Environments, Inc.
CoStar Realty Information, Inc.
Culver City Chamber of Commerce
Culver City Downtown Business Association
Cynrede Inc.
Dataquick
Deloitte FAS
Design Aid Architects
Desmond, Marcello & Amster
DLR Group WWCOT
Downtown Business Association
Duggan & Associates
DW Properties
Emerging Creation
Erasure Co.
Exceptional Children's Foundation
Fieldman Rolap & Assoc.
First American Title
Guftagu Creative
Housing Rights Center
Imagery Video Productions
Jamie Greenberg
Jeff Tracy, Inc. dba Land Forms Landscape Construction
Jewish Family Service of Los Angeles, Inc.
Jim Hull
JN Engineering
John Lyons License Agreement
Johnson Fain
Jon Green Associiates
Kane, Ballmer & Berkman
Katz Okitsu & Associates
Keyser Marston
King Rent-a-Fence
KOA-CBM Consulting, Inc.
Kristi Callan
KTGY Goup, Inc.
Land Images Landscape
Lea Associates, Inc.
Leibold McLendon & Mann
Lorcan O'Herlihy Architects
LRM Ltd.
Marina Landscape
Mark Stambler
Maximilian Paetzold
Melvyn Green & Associates
Meyers Nave Ribeck
Modern Parking, Inc.
National Construction Rentals
NBS Government Finance Group
One Eighteen Advertising
Parsons Transportation Group
Phase One Inc.
Psomas
Regency Testing, Inc.
Richards, Watson & Gershon
Share Our Strength
Smith Emery Lab
Stephen Whipple
TCM Group
Technology Artists
The Nickerson Company
Troller Mayer Associates, Inc.
Universal Field Services
Walker Parking Consultants
West Coast Artists
Zeiser Kling