City of Culver City, California
Agenda Item Report
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Meeting Date: 02/22/2011 Item Number: J-2
JOINT CITY COUNCIL/REDEVELOPMENT AGENCY BOARD AGENDA ITEM:
Adoption of City Council and Redevelopment Agency Board Resolutions
Approving a First Amendment to the January 2011 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 (02/18/11); Meetings and
Agendas – Redevelopment Agency (02/18/11).
Department Approval:
Sol Blumenfeld: (02/08/11)
City Attorney Approval:
Carol Schwab: (by H. Baker) (02/18/11)
Agency General Counsel Approval:
Murray Kane: (02/07/11)
Chief Financial Officer Approval
Jeff Muir (by N. Kimball) (02/18/11)
City Manager/Executive Director Approval:
John M. Nachbar: (02/18/11)
RECOMMENDATION:
Staff recommends that both the City Council and the Redevelopment Agency Board
adopt respective resolutions approving a first amendment to the January 2011
Cooperation Agreement (Public Improvements and Affordable Housing Agreement)
between the City of Culver City and the Culver City Redevelopment 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 legislative body (in Culver City’s case, 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.
On January 15, 2011 the City Council and Agency Board considered a staff
proposed agreement that funded the following public infrastructure improvements
and affordable housing projects:
City of Culver City, California
Agenda Item Report
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§ 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 – Arts District and Hayden Tract
§ Redevelopment Related General Plan Preparation and Implementation Plans
§ Citywide Affordable Housing Projects consistent with the approved Housing
Strategy
During the discussion, the City Council and Agency Board directed staff to add the
following projects:
• Funding for the acquisition of property ($20 million), the provision of public
parking and improvements to the Washington/National transportation
easement ($100,000) which total $84.1 million;
• Increase funding for affordable housing projects from $17 million to $27.6
million; and
• Increased funding for the repaving of streets throughout the project area to
$20 million.
After concluding its discussions, the City Council and Agency Board approved the
Public Improvements and Affordable Housing Agreement, thereby establishing the
authority, framework and funding source to pursue vitally needed Improvements.
Following consideration of the Public Improvements and Affordable Housing
Agreement, the City Council and Agency Board considered funding for (1) a
combined Police and Fire facility (the “Public Safety Building”) in the amount of $60
million and (2) funding for Vets Auditorium and related buildings in the amount of
$60 million (collectively, the “Public Buildings”). Because the Public Buildings
potentially involve new construction of something other than a parking structure, a
public hearing is required pursuant to Section 33679 of the Community
Redevelopment Law. Accordingly, staff has issued the appropriate notice and
requests the City Council and Agency Board conduct the required public hearing this
evening.
DISCUSSION:
The First Amendment to the Public Improvements and Affordable Housing
Agreement is proposed at this time due to the uncertainty of the Governor’s proposal
to eliminate redevelopment agencies statewide created and because the expiration City of Culver City, California
Agenda Item Report
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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 Public Improvements and Affordable Housing Agreement is proposed to be
amended as follows:
1. Modify the List of Projects as indicated in Exhibit 1 to the First Amendment
(Attachment No. 1) to include the following (collectively, with the projects
referenced in the January 2011 Cooperation Agreement referred to as the
“Projects”):
• Provide funding for directional signs and improvements to the Agency’s
parking structures as recommended in the Walker Downtown Parking
Study in the amount of $1.5 million;
• Increase funding for West Washington Parking at Centinela Boulevard
Project from $6.8 to $8.3 million;
• Increase funding for the Hayden Tract Parking Project from $14.8 to $16.2
million.
• Increase funding for the Washington/National Property Acquisition and
Associated Relocation Project from $20 million to $23.5 million.
• Increase funding for the On-going Maintenance of Agency Assets from
$2.1 million annually to $67.2 million to reflect the total cost (as opposed
to the annualized amount contained in the original Agreement).
• Increase funding for the Downtown Parking at Town Plaza Project from $2
million to $12 million.
• Transfer the Veterans Memorial Building and Complex and Adjacent
Facilities Improvement Project and related funding from the Public
Improvements and Affordable Housing Agreement to a new Public
Buildings Agreement (proposed for consideration by the City Council and
Agency Board this evening).
2. Modify the Schedule of Agency Payments as indicated in Exhibit 2 to the
Proposed Amended Cooperation Agreement;
3. Modify the Schedule of Performance as indicated in Exhibit 3 to the Proposed
Amended Cooperation Agreement;
The evidence supporting the findings required to approve the proposed First
Amendment to the Public Improvements and Affordable Housing Agreement are:
A. 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 for the following reasons:
a. The Projects will improve public safety and health conditions.
City of Culver City, California
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b. The Projects will increase the quality of life for residents, visitors, and
businesses by improving the surface improvements.
c. The Projects will increase residential amenities and provide a needed
public facility for the area which, in turn, increases the desire for residents
to live.
d. The Projects will replace inadequate public improvements by the
replacement of dilapidated sidewalks within the public right-of-way.
e. The Projects will act as a catalyst providing an incentive for private
investment, thereby contributing to the removal of economic blight.
f. The Projects will increase lighting which, in turn, will improve public safety
and deter crime.
B. No other reasonable means of financing the specified public infrastructure
improvements are available to the community for the following reasons:
City of Culver City - General Fund
The City has already adopted mid-year budget amendments to reduce current year
revenues by $340,000 and the City is projecting a deficit of approximately four
million dollars for Fiscal Year 2010-2011. Moreover, without new revenues or
significantly reduced expenditures, projected shortfalls in upcoming years will
deplete the General Fund reserve by Fiscal Year 2014-15. As stated in the City
Council staff reports on February 9, 2009 and March 30, 2009, the City of Culver
City has a structural deficit which one-time, quick fixes cannot address over the long
term. Limited financial resources have caused needed capital projects to be
deferred.
Because of the budget situation new programs and infrastructure projects will not be
economically feasible in the near future.
Moreover, Propositions 13 and 218 make raising revenue through higher taxes a
difficult challenge as voter approval would be necessary. An alternative to raising
taxes and fees is issuing bonds. But just as with raising taxes, voter approval of the
bond issuance is required.
Due to the circumstances described above, the City does not currently have the
resources to fund the proposed Projects.
The Culver City Redevelopment Agency Tax Increment Revenue
The absence of any significant new revenues to address the multitude of shortfalls
the City expects to face in confronting a structural deficit leaves the tax increment
revenue stream which flows to the Redevelopment Agency as the only reasonable City of Culver City, California
Agenda Item Report
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means of financing the proposed Projects. The tax increment revenue is derived
from the increase in assessed value of property within the Project Area. This source
of revenue is generally more stable than many of the City’s sources (e.g. sales tax,
business tax, and development related taxes and fees) which can fluctuate with
much more volatility. As well, the utilization of tax increment to achieve these
projects represents a redistribution of existing property taxes and requires no new or
additional taxes or increase in existing taxes.
Also, unlike the City, the Redevelopment Agency can issue bonds without requiring
voter approval. This is possible because the Agency can dedicate its future stream
of tax increment revenues towards making the bond payments. As stated above, tax
increment revenue is revenue derived from existing tax payments. Redevelopment
Agencies cannot impose new taxes on property owners within the Redevelopment
Project Area.
C. The specified public infrastructure improvements will assist in the elimination of
one or more blighting conditions inside the Project Area because the Projects will
provide needed services and facilities to the Project Area residents and
businesses where they are now lacking; spur new private economic investment
within the Project Area; reduce physical deterioration of many proposed public
facilities; and shift to a more sustainable way of life.
D. 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 in that the Projects:
• Provide funding for directional signs and improvements to the Agency’s
parking structures as recommended in the Downtown Walker Parking Study
in the amount of $1.5 million pursuant to Goal No. 1, Objective 1.4 Item 3 on
Page 12 of the Implementation Plan for the Culver City Redevelopment
Project;
• Increase funding for West Washington Parking at Centinela Boulevard project
from $6.8 to $8.3 million pursuant to Goal No. 2, Objective 2.1, Item 7 on
Page 13 of the Implementation Plan for the Culver City Redevelopment
Project ;
• Increase funding for the Hayden Tract Parking project from $14.8 to $16.2
million pursuant to Goal No. 1, Objective 1.2, Item Nos. 1, 3, 4, 5 and 6 on
Page 10 of the Implementation Plan for the Culver City Redevelopment
Project;
• Increase funding for the Washington National Property Acquisition and
Associated Relocation project from $20 million to $23.5 million pursuant to
Goal No. 2, Objective 2.1, Item 3 on Page 13 of the Implementation Plan for
the Culver City Redevelopment Project;
City of Culver City, California
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• Funding for the On-going Maintenance of Agency Assets was increased from
$2.1 million annually to $67.2 million to reflect the total cost, not the
annualized amount pursuant to Goal No. 1, Objective 1.4 Item 3 on Page 12
of the Implementation Plan for the Culver City Redevelopment Project;
• Increase funding for the Downtown Parking at Town Plaza Project from $2
million to $12 million pursuant to Goal No. 2, Objective 2.1, Item 1 on Pag3e
13 of the Implementation Plan for the Culver City Redevelopment Project;
• Transfer funds for the Vets and Improvements to Adjacent Facilities project
from the January 2011 Cooperation Agreement to a new Cooperation
Agreement such that:
i. The proposed relocation of Fire Station No. 1 is consistent with achieving
Goal No. 1.0, Objective No. 1.4.1: “Utilize Agency authority to acquire and
assemble appropriate downtown development sites for disposition and
redevelopment.”; and
ii. The proposed New Public Safety Headquarters Facilities is consistent with
achieving Goal No. 3.0, Objective No. 3.1.12: “Rehabilitate or replace
outdated public facilities to improve public safety and enhance the quality
of life.”
iii. The Improvements to Veterans Memorial Building is consistent with:
1. Addressing Blighting Condition No. 2.3: “Community open space,
recreational and public facility space is substandard in Component
Area No. 2.; and
2. Achieving Goal No. 3.0, Objective No. 3.1.12: “Rehabilitate or replace
outdated public facilities to improve public safety and enhance the
quality of life.”
E. The specified affordable housing projects (on the Globe and Bridge Housing
projects) are of benefit to the Culver City Redevelopment Project in accordance
with Section 33334.2 of the Community Redevelopment Law. These findings
have been included in the approving resolutions that find benefit in spending the
Agency’s Low and Moderate Income Housing Funds outside of the Project Area.
FISCAL ANALYSIS:
Approval of the proposed First Amendment includes increased costs to the Agency
as 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 City of Culver City, California
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generally include hard and soft costs and land acquisition where applicable. The
sum of these costs is $311.2 million with all costs estimated in current year dollars.
ATTACHMENTS:
1. Proposed First Amendment to Public Improvements and Affordable Housing
Agreement
2. Proposed City Council Resolution
3. Proposed Redevelopment Agency Resolution
MOTIONS:
That the City Council:
1. Adopt a Resolution making findings and determinations pursuant to Health
and Safety Code Section 33445 and 33334.2 and approving the First
Amendment to the Public Improvements and Affordable Housing 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 City Manager to execute such documents on behalf of the City.
That the Agency Board:
1. Adopt a Resolution making findings and determinations pursuant to Health
and Safety Code Section 33445 and 33334.2 and approving the First
Amendment to the Public Improvements and Affordable Housing 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 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: 02.22.10
AGENDA ITEM: Adoption of City Council and Redevelopment Agency
Board Resolutions Approving a First Amendment to the
January 2011 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 First Amendment to January 2011
Cooperation Agreement 1-9
2. Proposed City Council Resolution 10-14
3. Proposed Redevelopment Agency Resolution 15-20 City Contract No. 2011-
Page 1 of 3
FIRST AMENDMENT TO COOPERATION AGREEMENT
FOR PAYMENT OF COSTS ASSOCIATED WITH CERTAIN REDEVELOPMENT
AGENCY FUNDED PROJECTS
THIS FIRST AMENDMENT TO COOPERATION AGREEMENT (this “First
Amendment”) is entered into this _______ day of February, 2011, by and between the
CITY OF CULVER CITY (the “City”) and the CULVER CITY REDEVELOPMENT
AGENCY(the “Agency”), with reference to the following facts:
A. The City and Agency have heretofore entered into that certain Cooperation
Agreement dated (the “Agreement”). Except as expressly
provided herein, all capitalized terms shall have the meaning set forth in the Agreement.
B. The Agreement provides for implementation of certain projects set forth in the
List of Projects attached thereto as Exhibit No. 1, and to make payments by the Agency
to the City in accordance with the Schedule of Agency Payments attached thereto as
Exhibit No. 2 and as otherwise necessary to reimburse the City for the cost to the City of
performing its obligations thereunder as set forth in the Schedule of Performance
attached thereto as Exhibit No. 3, subject to all of the terms and conditions of the
Agreement.
C. The purpose of this First Amendment is (1) to add additional projects to the List
of Projects (collectively and together with the projects on the original List of Projects
referred to hereinafter as the “Projects”); (2) to amend and update certain milestones in
the Schedule of Performance; and (3) to amend and update the payments in the
Schedule of Agency Payments; and (4) to provide such other modifications to the
Agreement as mutually agreeable to the Agency and the City and set forth herein.
D. 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 and Safety
Code Section 33000 et seq.) (“CRL”) and other applicable law. Said City Council and
Agency resolutions are each based, in part, on the authority of the Agency, with the
consent of the City 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 within a Project Area, if the City Council makes certain determinations.
E. The City Council and the Agency by resolution have each found that the use of
the Agency’s low and moderate income housing fund for the Projects that include low
and moderate income housing and are located outside of the Project Areas is in
accordance with Section 33334.2 of the CRL because the use of such funds will be of
benefit to the Project Areas.
F. By approving and entering into this First Amendment, the Agency has approved
certain obligations, including the pledge of net available tax increment to pay for the
Projects.
ATTACHMENT 1
1 City Contract No. 2011-
Page 2 of 3
G. The obligations of the Agency under this First Amendment shall constitute an
indebtedness of the Agency for the purpose of carrying out the Redevelopment Plans
for the Project Areas.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
I. INTRODUCTORY PROVISIONS
The recitals above are an integral part of this First Amendment and set forth the
intentions of the parties and the premises on which the parties have decided to enter
into this First Amendment.
II. EFFECT OF FIRST AMENDMENT
Except as expressly provided otherwise in this First Amendment and the
attachments to this First Amendment, the Agreement, and each document executed or
entered into pursuant to the Agreement, remains in full force and effect, enforceable in
accordance with its terms, without diminution or waiver of any kind of any right or
remedy of the parties hereunder.
III. REVISED LIST OF PROJECTS
Exhibit No. 1 to the Agreement, List of Projects, is hereby amended in its entirety
and replaced with a Revised List of Projects attached hereto as Exhibit No. 1 and
incorporated herein by this reference. All references in the Agreement to the “List of
Projects” and to “Exhibit No. 1” shall be modified to mean the “Revised List of Projects”
and to “Revised Exhibit No. 1.”
IV. REVISED SCHEDULE OF AGENCY PAYMENTS
Exhibit No. 2 to the Agreement, Schedule of Agency Payments, is hereby
amended in its entirety and replaced with a Revised Schedule of Agency Payments
attached hereto as Exhibit No. 2 and incorporated herein by this reference. All
references in the Agreement to the “Schedule of Agency Payments” and to “Exhibit No.
2” shall be modified to mean the “Revised Schedule of Agency Payments” and to
“Revised Exhibit No. 2.” The Agency agrees to comply with the timeframes set forth in
the Revised Schedule of Agency Payments (Exhibit No. 2 hereto).
ATTACHMENT 1
2 City Contract No. 2011-
Page 3 of 3
V. REVISED SCHEDULE OF PERFORMANCE
Exhibit No. 3 to the Agreement, Schedule of Performance, is hereby amended in
its entirety and replaced with a Revised Schedule of Performance attached hereto as
Exhibit No. 3 and incorporated herein by this reference. All references in the
Agreement to the “Schedule of Performance” and to “Exhibit No. 3” shall be modified to
mean the “Revised Schedule of Performance” and to “Revised Exhibit No. 3.” The City
agrees to comply with the timeframes set forth in the Revised Schedule of Performance
(Exhibit No. 3 hereto).
IN WITNESS WHEREOF, the parties have executed this First Amendment as of
the date first set forth above.
Dated: CITY OF CULVER CITY
By:
Christopher Armenta, Mayor
Dated: CULVER CITY REDEVELOPMENT AGENCY
By:
John Nachbar, Executive Director
APPROVED AS TO FORM:
CAROL SCHWAB, City Attorney
KANE BALLMER & BERKMAN
MURRAY O. KANE, Agency General Counsel
ATTACHMENT 1
3 City Contract No. 2011-
EXHIBIT NO. 1
REVISED LIST OF PROJECTS
[BEHIND THIS PAGE]
ATTACHMENT 1
4EXHIBIT 1
Cooperation Agreement List of Projects
# Item Amount (millions)
1) Seismic Rehabilitation $2.0
2) Public Works Street Improvements (Citywide) $20.0
3) Agency Cardiff Parking Structure Purchase $14.0
4) Town Plaza Expansion $3.3
5) Adams Boulevard Improvement $3.5
6) Washington National Cooperation Agreement $2.0
7) General Plan and Redevelopment Studies $3.0
8) Smiley Blackwelder Street and Infrastructure Improvements $5.0
9) Annual On-going Maintenance of Agency Assets|1010|$67.2
10)
Affordable Housing Projects [Globe, Irving, Pleasantview ($17
million)]
2,
including Bridge Housing Project ($10.6 million) $27.6
11) West Washington Parking at Centinela Blvd. $8.3
12)
West Downtown Parking at Hughes (Public, Retail, Jazz
Bakery, Brotman, JHA)
$13.0
13) Downtown Parking at Town Plaza $12.0
14) Washington National Infrastructure $4.0
15)
Washington National LRT Transportation Easement $0.1
16)
Washington National Property Acquisition and Associated
Relocation
$23.5
17)
Washington National LRT/TOD Parking
$60.0
18) Hayden Tract Parking $16.2
19) AIP Citywide (Washington/Sepulveda) $15.0
20)
Other Parking Development (Surface Parking Lots Associated
with AIP)
$10.0
21) Improvements to Parking Structures and Directional Signs $1.5
Total $311.2
1Annual maintenance costs include General $848k,Cardiff $285k, Ince $679k, Ivy $22k, Virginia $55k, Watseka $249k. |1010|As defined in the Comprehensive Housing Strategy adopted by the Agency in 2008.
ATTACHMENT 1
5 City Contract No. 2011-
EXHIBIT NO. 2
REVISED SCHEDULE OF AGENCY PAYMENTS
[BEHIND THIS PAGE]
ATTACHMENT 1
6EXHIBIT 2
SCHEDULE OF AGENCY PAYMENTS
2010-11 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23
2011 Cooperation Agreement[1] ($3.82) ($3.82) ($3.82) ($3.82) ($3.82) ($3.82) ($3.82) ($3.82) ($3.82) ($3.82) ($3.82) ($3.82) ($3.82)
On-going Maintenance ($2.10) ($2.10) ($2.10) ($2.10) ($2.10) ($2.10) ($2.10) ($2.10) ($2.10) ($2.10) ($2.10) ($2.10) ($2.10)
Wa/Na Acquisition/Relocation ($23.50)
Wa/Na LRT/TOD Parking ($60.00)
Wa/Na Infrastructure ($4.00)
2023-24 2024-25 2026-27 2027-28 2028-29 2029-30 2030-31 2031-32 2032-33 2033-34 2034-35 2035-36 2036-37
2011 Cooperation Agreement ($3.82) ($3.82) ($3.82) ($3.82) ($3.82) ($3.82) ($3.82) ($3.82) ($3.82) ($3.82) ($3.82) ($3.82) ($3.82)
On-going maintenance ($2.10) ($2.10) ($2.10) ($2.10) ($2.10) ($2.10) ($2.10) ($2.10) ($2.10) ($2.10) ($2.10) ($2.10) ($2.10)
Purchase of Cardiff Parking Structure ($14.00)
2037-38 2038-39 2039-40 2040-41 2041-42 2042-43
2011 Cooperation Agreement ($3.82) ($3.82) ($3.82) ($3.82) ($3.82) ($3.98)
On-going Maintenance ($2.10) ($2.10) ($2.10) ($2.10) ($2.10) ($2.10)
Public Works Street Improvements
($20.00)
[1] The 2011 Cooperation Agreement payment includes costs for all items identified in Exhibit 1, List of Projects, except those identified above.
Wa/Na Transportation Easement ($0.10)
ATTACHMENT 1
7 City Contract No. 2011-
EXHIBIT NO. 3
REVISED SCHEDULE OF PERFORMANCE
[BEHIND THIS PAGE]
ATTACHMENT 1
8EXHIBIT 3
Cooperation Agreement Schedule of Performance
# Item Completion
1) Seismic Rehabilitation 2020
2) Public Works Street Improvements (Citywide) 2043
3) Agency Cardiff Parking Structure Purchase 2031
4) Town Plaza Expansion 2020
5) Adams Boulevard Improvement 2020
6) Washington National Cooperation Agreement 2014
7) General Plan and Redevelopment Studies 2020
8) Smiley Blackwelder Street and Infrastructure Improvements 2020
9) Annual On-going Maintenance of Agency Assets 2011-2043
10) Affordable Housing Projects (Globe, Irving, Pleasantview, 2020
Bridge)
11) West Washington Parking at Centinela Blvd. 2015
12)
West Downtown Parking at Hughes (Public, Retail, Jazz Bakery,
Brotman, JHA, Other)
2015
13) Downtown Parking at Town Plaza 2015
14) Washington National Infrastructure 2016
15)
Washington National LRT Transportation Easement 2012
16)
Washington National Property Acquisition and Associated
Relocation
2012
17) Washington National LRT/TOD Parking 2020
18) Hayden Tract Parking 2020
19) AIP Citywide (Washington/Sepulveda) 2021
20) Other Parking Development (Surface Parking lots associated 2020
with AIP)
21) Improvements to Parking Structures and Directional Signs 2020
ATTACHMENT 1
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RESOLUTION NO. 2011-A
A RESOLUTION OF THE CULVER CITY REDEVELOPMENT
AGENCY APPROVING A FIRST AMENDMENT TO THE
JANUARY 15, 2011 COOPERATION AGREEMENT AND
MAKING CERTAIN DETERMINATIONS AND FINDINGS
PURSUANT TO HEALTH AND SAFETY CODE SECTION
33445.
WHEREAS, the City Council of the City of Culver City (the “City Council”)
adopted Redevelopment Plans for the Culver City Redevelopment Projects (collectively,
the “Project Areas”), which results in the allocation of taxes from the Project Areas to the
Redevelopment Agency for the City of Culver City (the “Agency”) for purposes of
redevelopment; and
WHEREAS, 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 Project Areas and to
expend tax increment to accomplish these goals and objectives; and
WHEREAS, the Agency has adopted its Five-Year Implementation Plans for
the Project Areas, as amended from time to time (the “Implementation Plans”) with
established goals to support affordable housing, economic development, community
revitalization, commercial revitalization, and institutional revitalization. To implement the
ATTACHMENT 3
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programs and activities associated with each goal, the Agency has made redevelopment
fund commitments and budget allocations based on estimated available tax increment
revenue and debt financing structures; 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 Areas and
accomplish various tasks set forth in the Redevelopment Plans and the Implementation
Plans; and
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 may aid and cooperate in the planning, undertaking,
construction, or operation of redevelopment projects; and
WHEREAS, the Agency and the City have heretofore entered into a certain
Cooperation Agreement dated January 15, 2011 (the “Agreement”) to provide for
implementation of certain projects set forth in the List of Projects attached thereto as
Exhibit No. 1, and to make payments by the Agency to the City in accordance with the
Schedule of Agency Payments attached thereto as Exhibit No. 2 and as otherwise
necessary to reimburse the City for the cost to the City of performing its obligations
thereunder as set forth in the Schedule of Performance attached thereto as Exhibit No. 3,
subject to all of the terms and conditions of the Agreement; and
WHEREAS, the Agency and the City have prepared a First Amendment to the
Agreement (the “First Amendment”) for the purpose of (1) to add additional projects to the
List of Projects (collectively and together with the projects on the original List of Projects
referred to hereinafter as the “Projects”); (2) to amend and update certain milestones in the
Schedule of Performance; and (3) to amend and update the payments in the Schedule of
ATTACHMENT 3
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Agency Payments; and (4) to provide such other modifications to the Agreement as
mutually agreeable to the Agency and the City and set forth herein; and
WHEREAS, the programs and activities associated with the Projects include,
but are not limited to, acquisition and disposition of property, development of design
criteria, design, planning, preparation of construction bid documents, financial analysis,
financing and new construction or rehabilitation.
WHEREAS, the obligations of the Agency under the Agreement shall
constitute an indebtedness of the Agency for the purpose of carrying out the
Redevelopment Plans for the Project Areas; and
WHEREAS, it is in the best interests of the City and for the common benefit of
residents, employees, business tenants and property owners within the Project Areas and
the City as a whole for the Projects to be developed and constructed; and
WHEREAS, the Agency’s low and moderate income housing fund for the
Projects that include low and moderate income housing and are located outside of the
Project Areas are in accordance with Section 33334.2 of the CRL because the use of such
funds will be of benefit to the Project Areas; and
WHEREAS, the Agreement shall require the City to comply with Public
Resources Code sections 21000 et seq. (“CEQA”) before undertaking each Project and,
pursuant to CEQA Guideline Section 15378(b)(4), approval of the Agreement is not a
project subject to the California Environmental Quality Act (“CEQA”), because the
Agreement consists of the creation of a governmental funding mechanism for various public
improvements, but does not commit funds to any specific public improvement, in that
environmental review required by CEQA shall be completed prior to the commencement of
any public improvement listed in the Agreement; and
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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 Agreement, and to other matters pertaining to this transaction, and
all such oral and written objections are hereby overruled.
2. The Redevelopment Agency Board hereby finds and determines that
the foregoing recitals are true and correct.
3. Based upon the evidence in the record, the Redevelopment Agency
Board hereby finds and determines, with respect to the Projects that are publicly owned
and are located inside or contiguous to the respective project area, that:
(a) Said Projects and the programs and activities associated
therewith are of benefit to the Project Area by helping to eliminate blight within the Project
Area or providing housing for low- or moderate income persons; and
(b) No other reasonable means of financing said Projects and the
programs and activities associated therewith are available to the community; and
(c) The payment of funds by the Agency for the costs related to
said Projects and the programs and activities associated therewith is consistent with the
respective Implementation Plan adopted pursuant to Section 33490 of the CRL.
4. Based on the evidence in the record, the Redevelopment Agency
Board hereby finds and determines, with respect to the use of low- and moderate income
funds for the Projects that include low and moderate income housing located outside of the
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Project Areas that such use will be of benefit to the community because the use of such
funds will be of benefit to the Project Areas in accordance with Section 33334.2 of the CRL.
5. The First Amendment 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.
6. The Agency Executive Director, or designee, is hereby authorized to
execute the First Amendment 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.
7. 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 Agreement (as amended by the First Amendment and collectively referred to
herein as the “Amended Agreement”), including without limitation, any security instruments
to be recorded against Agency assets to secure the Agency’s obligations under the
Amended Agreement, and to administer the Agency’s obligations, responsibilities and
duties to be performed under the Amended Agreement.
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8. 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, Secretary MURRAY KANE, Agency General Counsel
A11-00076
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