City of Culver City, California
Agenda Item Report
Meeting Date: 01/15/2011 Item Number: J-1
JOINT CITY COUNCIL/REDEVELOPMENT AGENCY BOARD AGENDA ITEM:
Adoption of City Council and Redevelopment Agency Board Resolutions
Approving a Cooperation Agreement between the City of Culver City and the Culver
City Redevelopment Agency Relating to the Funding of Public Infrastructure
Improvements and Affordable Housing Projects.
Contact Person/Dept.:
Sol Blumenfeld/Community Development
Todd Tipton/Community Development
Phone Number:
(310) 253-5700
(310) 253-5760
Fiscal Impact: Yes [X] No [] 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 (01/13/11); Meetings and
Agendas – Redevelopment Agency (01/13/11); Interested Media (01/13/11)
Department Approval:
Sol Blumenfeld: (01/13/11)
City Attorney Approval:
Carol Schwab: (by H. Baker) (01/13/11)
Agency General Counsel Approval:
Murray Kane: (01/13/11)
Chief Financial Officer Approval
Jeff Muir:
City Manager/Executive Director Approval:
John M. Nachbar:
RECOMMENDATION:
Staff recommends that both the City Council and the Redevelopment Agency Board
adopt respective Resolutions approving a Cooperation Agreement between the City
of Culver City (the “City”) and the Culver City Redevelopment Agency (the “Agency”)
relating to the funding of specified public infrastructure improvements and Affordable
Housing Projects.
BACKGROUND:
Section 33445 of the California Health and Safety Code permits Redevelopment
Agencies to use tax increment revenue to pay the cost of public improvements
constructed by other entities, provided the City Council makes certain findings.
From time to time, the City and Agency have entered into Cooperation Agreements
for the mutual benefit of the two parties and the public.
There is an opportunity for the Agency to secure for the City additional funding, to
pay for a variety of future public infrastructure needs which can assist in the Culver
City Redevelopment Project.
City of Culver City, California
Agenda Item Report
By adopting the Cooperation Agreement the City and the Agency will be establishing
the authority, framework and funding source to pursue vitally needed Improvements.
DISCUSSION:
The Agency and City may want to fund public parking facilities, infrastructure
improvements, redevelopment related studies and plans and other specified public
improvements identified in Attachment No. 1 The list of proposed plans and public
infrastructure Improvements (the “Improvements”) which will be funded by the
Redevelopment Agency either all or in part includes:
§ Washington Boulevard Street Improvements
§ Downtown, Hayden Tract and West Washington Boulevard Public Parking
Facilities
§ Town Plaza Expansion
§ Citywide Improvements to Medians
§ Washington National Infrastructure and Streetscape Improvements
§ Washington National Aerial Station Cooperation Funding
§ On-going Maintenance of Agency Assets
§ Industrial Area Improvements (Smiley- Blackwelder)
§ West Adams Improvements
§ Seismic Rehabilitation Improvements – Art’s District and Hayden Tract
§ Redevelopment Related General Plan Preparation and Implementation Plans
§ Citywide Affordable Housing Projects consistent with the approved Housing
Strategy
The Cooperation Agreement (Attachment No. 1) contains a more detailed
description of the Improvements proposed to be funded. The Cooperation
Agreement is proposed at this time because funding large capital projects in the
near future will exacerbate the financial strain on the City. Further, there are actions
being contemplated by the State of California that will, in some cases, make it more
difficult for Redevelopment Agencies to fund public improvements and planning
studies. Further, the expiration of the Redevelopment Project in Component Areas 1
and 2 in 2014 will limit the Agency’s tax increment revenue stream to that needed to
repay existing debts which will help enable the Agency to protect its investment and
ongoing efforts within the Project Area in general.
The findings supporting approval of the Cooperation Agreement are :
1. The specified public infrastructure improvements are of benefit to the Culver City
Redevelopment Project and the immediate neighborhood in which the Project
Area is located;
2. The City Council and Agency finds and determines that the affordable housing
projects identified in the Cooperation Agreement are of benefit to the Culver City
Redevelopment Project. City of Culver City, California
Agenda Item Report
3. No other reasonable means of financing the specified public infrastructure
improvements are available to the community;
4. The specified public infrastructure improvements will assist in the elimination of
one or more blighting conditions inside the Project Area; and,
5. The specified public infrastructure improvements are consistent with the
Implementation Plan for the Project Area adopted pursuant to Section 33490 of
the California Redevelopment law.
FISCAL ANALYSIS:
The cost to the Agency is detailed on Exhibit 1 of Attachment No. 1. Exhibit 1
indicates approximate costs to the Agency for each Improvement or plan. Exhibit 2
includes schedule of Agency payments and Exhibit 3 provides the timing to complete
the improvements. All costs generally include hard and soft costs and land
acquisition where applicable. The sum of these costs is $118,750, 000 with all costs
estimated in current year dollars.
ATTACHMENTS:
1. Proposed Cooperation Agreement
2. Proposed City Council Resolution
3. Proposed Redevelopment Agency Resolution
MOTION:
That the City Council:
1. Adopt a Resolution that makes findings and determinations pursuant to
Health and Safety Code Section 33445 and 33334.2 and approves the
Cooperation Agreement between the City of Culver City and the Culver City
Redevelopment Agency to provide for funding of specified public
infrastructure improvements and Affordable Housing Projects; and,
2. Authorize the City Attorney to review/prepare the necessary documents; and,
3. Authorize the Mayor to execute such documents on behalf of the City.
That the Redevelopment Agency Board:
1. Adopt a Resolution that makes findings and determinations pursuant to
Health and Safety Code Section 33445 and 33334.2 and approves the
Cooperation Agreement between the City of Culver City and the Culver City
Redevelopment Agency to provide for funding of specified public
infrastructure improvements and Affordable Housing Projects; and,
City of Culver City, California
Agenda Item Report
2. Authorize the Agency General Counsel to review/prepare the necessary
documents; and,
3. Authorize the Executive Director to execute such documents on behalf of the
Agency.
MEETING DATE: 01.15.11
AGENDA ITEM: JOINT CITY COUNCIL/REDEVELOPMENT AGENCY
BOARD AGENDA ITEM: Adoption of City Council and
Redevelopment Agency Board Resolutions Approving a
Cooperation Agreement between the City of Culver City
and the Culver City Redevelopment Agency Relating to
the Funding of Public Infrastructure Improvements and
Affordable Housing Projects.
ATTACHMENTS
Pages
1. Proposed Cooperation Agreement 1-9
2. Proposed City Council Resolution 10-14
3. Proposed Redevelopment Agency Resolution 15-19 City Contract No. 2011-013
ATTACHMENT 1
COOPERATION AGREEMENT
FOR PAYMENT OF COSTS ASSOCIATED WITH CERTAIN RDA FUNDED CAPITAL
IMPROVEMENT AND AFFORDABLE HOUSING PROJECTS
THIS COOPERATION AGREEMENT (the "Agreement") is entered into this
day of January, 2011, by and between the CITY OF CULVER Cal (the "City")
and the CULVER CITY REDEVELOPMENT AGENCY (the "Agency"), with reference to
the following facts:
A. The Agency has prepared Redevelopment Plans for the Culver City
Redevelopment Projects (the "Project Areas"), which results in the allocation of taxes
from the Project Areas to the Agency for purposes of redevelopment.
B. The intent of the Redevelopment Plans is, in part, to provide for the
construction and installation of necessary public infrastructure and facilities and to
facilitate the repair, restoration and/or replacement of existing public facilities and to
perform specific actions necessary to promote the redevelopment and the economic
revitalization of the Project Areas; and to increase, improve and preserve the
community's supply of low and moderate income housing, some of which may be
located or implemented outside the Redevelopment Project Areas; and to take all other
necessary actions to implement the redevelopment plans for the respective
redevelopment projects and to expend tax increment to accomplish the goals and
objectives of the respective redevelopment projects.
C. The Agency has adopted its Five-Year Implementation Plans for the
Project Areas (the "Plans") with established goals to support affordable housing,
economic development, community revitalization, commercial revitalization, and
institutional revitalization. To implement the programs and activities associated with
each goal, the Agency has made redevelopment fund commitments based on estimated
available tax increment revenue and debt financing structures.
D. Pursuant to California Redevelopment law, section 33220, certain public
bodies, including the City may aid and cooperate in the planning, undertaking,
construction, or operation of redevelopment projects. Collectively, the projects
associated with this Agreement are listed in the attached Exhibit No. 1, which are
incorporated herein by this reference (the "Projects"). The programs and activities
associated with the Projects include acquisition, development of design criteria, design,
planning, preparation of construction bid documents, financial analysis, and new
construction or rehabilitation. To carry out the Projects in acCordance with the
objectives and purposes of the redevelopment plans for the Project Areas and the
Plans, the Agency desires assistance and cooperation in the implementation and
completion of the Projects. The City agrees to aid the Agency and cooperate with the
Agency to expeditiously implement the Projects in accordance with the redevelopment
Page 1 of 9
1 City Contract No. 2011-013
ATTACHMENT
plans for the Project Areas and the Plan and undertake and complete all actions
necessary or appropriate to ensure that the objectives of the redevelopment plans for
the Project Areas and the Plan are fulfilled within the time effectiveness of the Project
Areas.
E. In considering the Agency's desire to ensure timely implementation and
completion of the Projects, the Agency wishes to enter into this Agreement with the City
for the pledge of net available tax increment to finance the Projects. The purpose of this
Agreement is to facilitate the implementation of the Projects and to provide funding
necessary to effectuate the completion of the Projects with net available tax increment
in this current fiscal year and forthcoming fiscal years.
Net available tax increment is defined as any tax increment, net of existing
debt service payments, and existing contractual obligations received by the Agency or
any lawful successor of the Agency and/or to any of the powers and rights of the
Agency pursuant to any applicable constitutional provision, statute or other provision of
law now existing or adopted in the future. The pledge of net available tax increment will
constitute obligations to make payments authorized and incurred pursuant to Section
33445 and other applicable statutes. The obligations set forth in this Agreement will be
contractual obligations that, if breached, will subject the Agency to damages and other
liabilities or remedies.
G. The City Council (the "Council") and the Agency by resolution have each
found that the use of Agency redevelopment funding for the Projects is in accordance
with Section 33445 of the California Community Redevelopment Law (Health & Safety
Code Section 33000 at seq.) ("CRL") and Section 33445(a) of the CRL and other
applicable law. The said Council and Agency resolutions are each based on the
authority of the Agency, with the consent of the Council, to pay all or part of 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
Council makes certain determinations.
H. By approving and entering into this Agreement, the Agency has approved
the pledge of net available tax increment from the Project Areas to pay for the Projects.
I. The obligations of the Agency under this Agreement shall constitute an
indebtedness of the Agency for the purpose of carrying out the Redevelopment Plan for
the Project Areas.
J. This Agreement is separate and apart from and does not supersede any
other cooperative agreements entered into between the Agency and the City.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
Page 2 of 9
2 City Contract No. 2011-013
ATTACHMENT
I. INTRODUCTORY PROVISIONS
The recitals above are an integral part of this Agreement and set forth the
intentions of the parties and the premises on which the parties have decided to enter
into this Agreement.
II. AGENCY'S OBLIGATIONS
1. The Projects are those projects which are listed on the attached Exhibit
Na 1, which is incorporated herein by this reference. The Agency agrees to pay to the
City an amount equal to the cost to the City to carry out the Projects, including without
limitation all costs incurred by the City for the planning, financing, development,
permitting, design, site testing, bidding, construction and construction management of
the Projects. The Agency's obligations under this Agreement, including without
limitation the Agency's obligation to make the payments to the City required by this
Agreement, shall constitute an indebtedness of the Agency for the purpose of carrying
out the redevelopment of the Project Areas and are obligations to make payments
authorized and incurred pursuant to Section 33445 and other applicable statutes. The
obligations of the Agency set forth in this Agreement are contractual obligations that, if
breached, will subject the Agency to damages and other liabilities or remedies.
2. The obligations of Agency under this Agreement shall be payable out of
net available tax increments, as defined in the above recitals and/or as defined or
provided for in any applicable constitutional provision, statute or other provision of law
now existing or adopted in the future, levied by or for the benefit of taxing agencies in
the Redevelopment Project Areas, and allocated to the Agency and/or any lawful
successor entity of the Agency and/or any entity established by law to carry out any of
the redevelopment plans for the Project Areas and/or expend tax increment or pay
indebtedness of the Agency to be repaid with tax increment, pursuant to Section 33670,
et seq., of the California Community Redevelopment Law or any applicable
constitutional provision, statute or other provision of law now existing or adopted in the
future, in the minimum amounts set forth in the Payment Schedule attached hereto as
Exhibit No. 2 and incorporated herein by this reference.
3. The indebtedness of Agency under this Agreement shall be subordinate to
the rights of the hoider or holders of any existing bonds, notes or other instruments of
indebtedness (all referred to herein as "indebtedness") of the Agency incurred or issued
to finance the Redevelopment Project Areas, including without limitation any pledge of
tax increment revenues from the Redevelopment Project Areas to pay any portion of the
principal (and otherwise comply with the obligations and covenants) of any bond or
bonds issued or sold by Agency with respect to the Redevelopment Project Areas.
4. All payments due to be made by the Agency to the City under this
Agreement shall be made by the Agency in accordance with the schedule set forth in
Exhibit No. 2 and as otherwise necessary to reimburse the City for the cost to the City of
Page 3 of 9
3 City Contract No. 2011-013
ATTACHMENT 1
performing its obligations hereunder. City shall provide Agency with a quarterly report
accompanied by evidence reasonably satisfactory to the Agency's Executive Director
that the City has progressed in the development and construction of the Project for
which payment is made by the Agency commensurate with such payments and has
incurred costs or obligations to make payments equal to or greater than such amount.
III. CITY'S OBLIGATIONS
1. The City shall accept any funds offered by the Agency pursuant to this
Agreement and shall devote those funds to completion of the Projects by (i) reimbursing
the City or using such funds to make City expenditures to perform the work required to
carry out and complete the Projects; (ii) utilizing such funds to pay debt service on
bonds or other indebtedness or obligations that the City has or will incur for such
purposes; and/or paying such funds into a special fund of the City to be held and
expended only for the purpose of satisfying the obligations of the City hereunder.
2. It is the responsibility of City to pay all development and construction costs
in connection with the Projects from funds paid to the City by the Agency under this
Agreement.
3. The City shall perform its obligations hereunder in accordance with the
applicable provisions of federal, state and local laws, including the obligation to comply
with environmental laws such as CEQA, and shall timely complete the work required for
each Project in accordance with the Schedule of Performance attached hereto as
Exhibit No. 3 and incorporated herein by this reference.
IV. LIABILITY AND INDEMNIFICATION
In contemplation of the provisions of California Government Code Section 895.2
imposing certain tort liability jointly upon public entities solely by reason of such entities
being parties to an agreement as defined by Government Code Section 895, the parties
hereto, as between themselves, pursuant to the authorization contained in Government
Code Sections 895.4 and 895.6, shall each assume the full liability imposed upon it, or
any of its officers, agents or employees, by law for injury caused by negligent or
wrongful acts or omissions occurring in the performance of this Agreement to the same
extent that such liability would be imposed in the absence of Government Code Section
895.2. To achieve the above-stated purpose, each party indemnifies, defends and
holds harmless the other party for any liability, losses, cost or expenses that may be
incurred by such other party solely by reason of Government Code Section 895.2.
V. ENTIRE AGREEMENT; WAIVERS; AND AMENDMENTS
1. This Agreement shall be executed in triplicate originals, each of which is
deemed to be an original. This Agreement consists of nine (9) pages, which constitute
the entire understanding and agreement of the parties.
Page 4 of 9
4 City Contract No. 2011-013
ATTACHMENT 1
2. This Agreement integrates all of the terms and conditions mentioned
herein or incidental hereto, and supersedes all negotiations or previous agreements
between the parties with respect to the subject matter of this Agreement.
3. This Agreement is intended solely for the benefit of the City and the
Agency. Notwithstanding any reference in this Agreement to persons or entities other
than the City and the Agency, there shall be no third party beneficiaries under this
Agreement.
4. All waivers of the provisions of this Agreement and all amendments to this
Agreement must be in writing and signed by the authorized representatives of the
parties.
VI. SEVERABILITY
If any term, provisions, covenant or condition of this Agreement is held by a court
of competent jurisdiction to be invalid, void or unenforceable, the remainder of the
provisions shall continue in full force and effect unless the rights and obligations of the
parties have been materially altered or abridged by such invalidation, voiding or
unenforceability.
VII. DEFAULT
if either party fails to perform or adequately perform an obligation required by this
Agreement within thirty (30) calendar days of receiving written notice from the non-
defaulting party, the party failing to perform shall be in default hereunder. In the event
of default, the non-defaulting party will have all the rights and remedies available to it at
law or in equity to enforce the provisions of this contract, including without limitation the
right to sue for damages for breach of contract. The rights and remedies of the non-
defaulting party enumerated in this paragraph are cumulative and shall not limit the non-
defaulting party's rights under any other provision of this Agreement, or otherwise waive
or deny any right or remedy, at law or in equity, existing as of the date of the Agreement
or hereinafter enacted or established, that may be available to the non-defaulting party
against the defaulting party. All notices of defaults shall clearly indicate a notice of
default under this Agreement.
VIII. BINDING ON SUCCESSORS
This Agreement shall be binding on and shall inure to the benefit of all
successors and assigns of the parties, whether by agreement or operation of law.
Page 5 of 9
5 City Contract No. 2011-013
ATTACHMENT 1
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first set forth above.
Dated: CITY OF CULVER CITY
Dated:
BY:
Christopher Armenta, Mayor
CULVER CITY REDEVELOPMENT AGENCY
BY:
John Nachbar, Executive Director
APPROVED AS TO FORM:
CAROL SCHWAB, City Attorney
KANE BALLMER BERKMAN
MURRAY 0. KANE, Agency General Counsel
Page 6 of 9
6 Cooperation Agreement
List of Projects
ATTACHMENT 1
EXHIBIT NO. 1
Item . Amount
1) Seismic Rehabilitation $2.0 million ,
2) Public Works Street Improvements $125 million
3) Agency Cardiff Parking Structure Purchase $14.0 million
4) Town Plaza Expansion $3.3 million
5) Adams Boulevard Improvement $3.5 million
Washington National Cooperation Agreement - $2.0 million
7) General Plan Studies $3.0 million
Smiley Blackwelder Street and $5.0 million
. Infrastructure Improvements
9) On-going Maintenance of Agency Assets $285,000
$679,000
$22,000
$56,000
$249,000
848,000
$2.1 million annually
10) Affordable Housing Projects (Globe, Irving, $17 million
Pleasantview)(1)
11) West Washington Parking at Centinela $6.8 million
12) West Downtown Parking at Hughes $13 million
13) Downtown Parking at Town Plaza $2.0 million
14) Washington National Infrastructure $4.0 million
15) Hayden Tract Parking $14.8 million
16) AIP Citywide (Washington/Sepulveda) $15 million
17) Other Parking Development (Surface Parking $10 million
Lots associated with Air')
$118.75 million
co Defined n the Comprehensive Housing Strategy adopted by the Agency in 2008.
Page 7 of 9
7 EXHIBIT NO, 2
SCHEDULE OF AGENCY PAYMENTS
1—
Z 2010-11 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 Total
Oatttanding Obligations
20. Cooperation Agreement -$4.4 -$5.0 -$7.9
-$11.5 -$12.3 -$13.0 -$13,0 -$13.0 -$13,0 -$13.0 412.6 4118.7
1—
1—
Page 8 of 9 EXHIBIT NO. 3
Cooperation Agreement ATTACHMENT 1
Schedule of Performance
Item completion
) Seismic Rehabilitation 2011-2012
2) Public Works Street Improvements 2011-2012
3) Agency Cardiff Parking Structure Purchase 2012-2013
4) Town Plaza Expansion 2014
5) Adams Boulevard Improvement 2014
6) Washington National Cooperation Agreement 2012
7) General Plan Studies 2014
Smiley Blackwelder Street and 2014
Infrastructure Improvements
9) On-going Maintenance of Agency Assets
2011-2039
10) Affordable Housing Projects (Globe, Irving, 2011-2014
Pleasantview) 1)
11) West Washington Parking at Centinela 2011-2012
12) West Downtown Parking at Hughes 2011-2012
13) Downtown Parking at Town Plaza 2012
14) Washington National Infrastructure 2012-2013
15) Hayden Tract Parking 2014
16) AIP Citywide (Washington/Sepulveda) 2021
17) Other Parking Development (Surface Parking 2016
Lots associated with Alp)
(1) Defined in the Comprehensive Housing Strategy adopted by the Agency in 2008.
Page 9 of 9
9 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ATTACHMENT 2
RESOLUTION NO. 2011-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, APPROVING A
COOPERATION AGREEMENT AND MAKING CERTAIN
DETERMINATIONS AND FINDINGS PURSUANT TO
HEALTH AND SAFETY CODE SECTION 33445.
WHEREAS, the Culver City Redevelopment Agency (the "Agency") has
prepared a Redevelopment Plan (the "Redevelopment Plan") for the Culver
City
Redevelopment Project (the "Project"); and
WHEREAS, the Agency and Culver City (the "City") Wish to cooperate with
one another to bring about the redevelopment of the Project and accomplish various tasks
set forth in the Redevelopment Plan; and
WHEREAS, pursuant to Section 33220 of the California Community
Redevelopment Law (Health & Safety Code Section 33000 et seq.) (the "CRL"), for the
purposes of aiding and cooperating in the planning, undertaking, construction or operation
of the redevelopment projects in the Project, the City may, among other things, exercise
the following powers: sell any of its property to the Agency; cause public improvements to
be furnished in connection with redevelopment; plan or replan and zone or rezone any part
of such area and make any legal exceptions from building regulations and ordinances; and
enter into agreements with the Agency respecting action to be taken to any of the
foregoing powers; and
WHEREAS, the City has engaged in such redevelopment activities pursuant
to Section 33220 of the CRL that have aided and assisted in implementing the
Redevelopment Plan and intends to engage in further redevelopment activities; and
10
-1- 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ATTACHMENT 2
WHEREAS, pursuant to Section 33445(a) of the CRL, the Agency may, with
the consent of the City Council of Culver City (the "City Council"), 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, pursuant to Section 33445(c) of the CRL, when the value of the
land or the cost of the installation and construction of the building, facility, structure or other
improvement, or both, has been, or will be, paid or provided for initially by the City, the
Agency may enter into a contract with the City • under which the Agency agrees to
reimburse the City for all or part of the value of the land or all or a part of the cost of the
building, facility, structure, or other improvement, or both; and
WHEREAS, the Agency and the City have prepared . a Cooperation
Agreement (the "Cooperation Agreement") to provide for development and construction of
public infrastructure improvements and other redevelopment activities within the Project
(the "Public improvements") as more particularly identified and described in the List of
Public Improvements attached as Exhibit No. 1 to the Cooperation Agreement, and to
make payments by the Agency to the City of certain costs related to such development and
construction and other redevelopment activities (the "Public Improvement Costs" therein
and herein), subject to all of the terms and conditions of the Cooperation Agreement; and
WHEREAS, pursuant to Sections 33445 of the CRL, the Agency's Board and
City Council held a joint public meeting on the proposed Cooperation Agreement; having
duly noticed such public meeting, and made copies of the Cooperation Agreement
available for public inspection and comment; and
11
-2- 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
12
ATTACHMENT 2
WHEREAS, pursuant to the CRL, the City Council has considered the
information regarding: (1) the benefit of the Public Improvements to the Project and its
immediate neighborhood; (2) the availability of other reasonable means of financing the
Public Improvements available to the community; (3) the assistance that will be given to the
elimination of one or more blighting conditions inside the Project by the Public
Improvements; and (4) the consistency of the Public Improvements with the
Implementation Plan for the Project pursuant to Section 33490 of the CRL; and
WHEREAS, the City Council has reviewed and duly considered the staff
report, documents and other written evidence presented during the duly noticed Special
Meeting of the City Council ("Documentary Evidence') and all terms and conditions of the
proposed Cooperation Agreement, and believes the payments by the Agency of the Public
Improvement Costs are in the best interests of the City and the health, safety, morals and
welfare of its residents, and in accord with the public purposes and provisions of applicable
state and local law and requirements; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution
have occurred.
NOW THEREFORE, the City Council of Culver City DOES HEREBY
RESOLVE, as follows:
1. , The City Council has received and heard all oral and written objections
to the proposed payments by the Agency of the Public Improvement Costs as described in
the Cooperation Agreement, and to other matters pertaining to this transaction, and all
such oral and written objections are hereby overruled.
2. Based upon the testimony and Documentary Evidence presented at
the public meeting, the City Council hereby finds and determines:
-3- 1
2
3
4
5
6
7
8
9
10
11
12
13
14 1
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ATTACHMENT 2
(a) The foregoing recitals are true and correct.
(b) The Public Improvement Costs for which the Agency proposes
to pay under the Cooperation Agreement is of benefit to the Project and the
immediate neighborhood in which the Project is located;
No other reasonable means of financing the Public
Improvements are available to the community;
(d) The payment of funds for the Public Improvements will assist in
the elimination of one or more blighting conditions inside the Project;
(e) The payment of funds for the Public Improvements is consistent with
the Implementation Plan for the Project pursuant to Section 33490 of the
CRL.
3. The City Council hereby consents to the payment by Agency of the
Public Improvement Costs as described above and in the Cooperation Agreement.
4, The Cooperation Agreement in substantially the form presented to the
City Council is hereby approved, a copy of which is on file with the City Clerk.
5. The City Manager, or designee, is hereby authorized to execute the
Cooperation Agreement on behalf of the City, together with such non-substantive changes
and amendments as may be approved by the City Manager and the City Attorney.
6. The City Manager, or designee, is hereby authorized, on behalf of the
City, to sign all documents necessary and appropriate to carry out and implement the
Cooperation Agreement, and to administer the City's obligations, responsibilities and duties
to be performed under the Cooperation Agreement.
7. In the event the Agency desires to issue bonds, notes, or other
instruments of indebtedness of the Agency to carry out redevelopment projects, then any
13
(c)
-4- I
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ATTACHMENT 2
indebtedness of the Agency to the City, including any interest accrued thereon, shall be
deemed not to be a first pledge of tax increment allocations received by the Agency
pursuant to Section 33670 of the CRL; and any indebtedness of the Agency to the City,
including any interest accrued thereon, shall be subordinate to any pledge of tax
increments to bondholders or the holders of other such instruments of indebtedness.
APPROVED AND ADOPTED, this day of , 201t •
CHRISTOPHER ARM ENTA, MAYOR
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
MARTIN R. COLE, City Clerk
Al 1-00026
it,__,I.C_ARC§t A SCHWA13ty Attorney
14
-5- 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ATTACHMENT 3
RESOLUTION NO. 2011-A
A RESOLUTION OF THE CULVER CITY
REDEVELOPMENT AGENCY APPROVING A
COOPERATION AGREEMENT AND MAKING CERTAIN
DETERMINATIONS AND FINDINGS PURSUANT TO
HEALTH AND SAFETY CODE SECTION 33445.
WHEREAS, the Culver City Redevelopment Agency (the "Agency") has
prepared a Redevelopment Plan (the "Redevelopment Plan") for the Culver City
Redevelopment Project (the "Project"); and
WHEREAS, the Agency and the City of Culver City (the "City") wish to
cooperate with one another to bring about the redevelopment of the Project and accomplish
various tasks set forth in the Redevelopment Plan; and
WHEREAS, pursuant to Section 33220 of the California Community
Redevelopment Law (Health & Safety Code Section 33000 et seq.) (the "CRL"), for the
purposes of aiding and cooperating in the planning, undertaking, construction or operation
of the redevelopment projects in the Project, the City may, among other things, exercise the
following powers: sell any of its property to the Agency; cause public improvements to be
furnished in connection with redevelopment; plan or replan and zone or rezone any part of
such area and make any legal exceptions from building regulations and ordinances; and
enter into agreements with the Agency respecting action to be taken to any of the foregoing
powers; and
WHEREAS, the City has engaged in such redevelopment activities pursuant
to Section 33220 of the CRL that have aided and assisted in implementing the
Redevelopment Plan and intends to engage in further redevelopment activities; and
-1- 15 1
2
3
4
5
6
7
8
9
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ATTACHMENT 3
WHEREAS, pursuant to Section 33445(a) of the CRL, the Agency may, with
the consent of the City Council of Culver City (the "City Council"), 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, pursuant to Section 33445(c) of the CRL, when the value of the
land or the cost of the installation and construction of the building, facility, structure or other
improvement, or both, has been, or will be, paid or provided for initially by the City, the
Agency may enter into a contract with the City under which the Agency agrees to reimburse
the City for all or part of the value of the land or all or a part of the cost of the building,
facility ., structure, or other improvement, or both; and
WHEREAS, the Agency and the City have prepared a Cooperation
Agreement (the "Cooperation Agreement") to provide for development and construction of
public infrastructure improvements and other redevelopment activities within the Project
(the "Public Improvements") as more particularly identified and described in the List of
Public Improvements attached as Exhibit No. 1 to the Cooperation Agreement, and to make
payments by the Agency to the City of certain costs related to such development and
construction and other redevelopment activities (the "Public Improvement Costs" therein
and herein), subject to all of the terms and conditions of the Cooperation Agreement; and
WHEREAS, pursuant to Sections 33 1145 of the CRL, the Agency's Board and
City Council held a joint public meeting on the proposed Cooperation Agreement; having
duly noticed such public meeting, and made copies of the Cooperation Agreement available
for public inspection and comment; and
-2- 16 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ATTACHMENT 3
WHEREAS, pursuant to the CRL, the Agency has considered the information
regarding: (1) the benefit of the Public Improvements to the Project and its immediate
neighborhood; (2) the availability of other reasonable means of financing the Public
Improvements available to the community; (3) the assistance that will be given to the
elimination of one or more blighting conditions inside the Project by the Public
Improvements; and (4) the consistency of the Public Improvements with the Implementation
Plan for the Project pursuant to Section 33490 of the CRL; and
WHEREAS, the Agency has reviewed and duly considered the staff report,
documents and other written evidence presented during the duly noticed Special Meeting of
the City Council ("Documentary Evidence") and all terms and conditions of the proposed
Cooperation Agreement, and believes the payments by the Agency of the Public
Improvement Costs are in the best interests of the City and the health, safety, morals and
welfare of its residents, and in accord with the public purposes and provisions of applicable
state and local law and requirements; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution
have occurred.
NOW, THEREFORE, the Culver City Redevelopment Agency Board DOES
HEREBY RESOLVE, as follows:
1. The Redevelopment Agency Board has received and heard all oral and
written objections to the proposed payments by the Agency of the Public Improvement
Costs as described in the Cooperation Agreement, and to other matters pertaining to this
transaction, and all such oral and written objections are hereby overruled.
2.
Based upon the testimony and Documentary Evidence presented at
the public meeting, the Redevelopment Agency Board hereby finds and determines:
-3- 17 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ATTACHMENT 3
(a) The foregoing recitals are true and correct.
(b) The Public Improvement Costs for which the Agency proposes
to pay under the Cooperation Agreement is of benefit to the Project and the
immediate neighborhood in which the Project is located;
No other reasonable means of financing the Public
Improvements are available to the community;
(d) The payment of funds for the Public Improvements will assist in
the elimination of one or more blighting conditions inside the Project;
(e) The payment of funds for the Public Improvements is consistent with
the Implementation Plan for the Project pursuant to Section 33490 of the
CRL.
3. The Redevelopment Agency Board hereby consents to the payment to
the City by Agency of the Public Improvement Costs as described above and in the
Cooperation Agreement.
4. The Cooperation Agreement in substantially the form presented to the
Redevelopment Agency Board is hereby approved, a copy of which is on file with the
Secretary of the Agency.
5. The Agency Executive Director, or designee, is hereby authorized to
execute the Cooperation Agreement on behalf of the Agency, together with such non-
substantive changes and amendments as may be approved by the Agency Executive
Director and Agency General Counsel.
6. 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
(c)
-4- 18 1
2
3
4
5
6
7
8
9
1 0
11
12
13
, 14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ATTACHMENT 3
implement the Cooperation Agreement, and to administer the Agency's obligations,
responsibilities and duties to be performed under the Cooperation Agreement.
7. In the event the Agency desires to issue bonds, notes, or other
instruments of indebtedness of the Agency to carry out redevelopment projects, then any
indebtedness of the Agency to the City, including any interest accrued thereon, shall be
deemed not to be a first pledge of tax increment allocations received by the Agency
pursuant to Section 33670 of the CRL; and any indebtedness of the Agency to the City,
including any interest accrued thereon, shall be subordinate to any pledge of tax
increments to bondholders or the holders of other such instruments of indebtedness.
APPROVED AND ADOPTED, this day of , 2011.
MICHEAL 0 LEARY, CHAIR
Culver City Redevelopment Agency
ATTEST: APPROVED AS TO FORM:
ALICE PRASAD, Secretary MURRAY KANE, Agency General Counsel
Al 1-00027
-5- 19