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Home My WebLink About2012 CC RESO 2012-28 CDCRESOLUTION 2012 — 28 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ADOPTING THE JANUARY 24, 2012 AMENDMENT TO THE DRAFT INITIAL RECOGNIZED OBLIGATIONS PAYMENT SCHEDULE WHEREAS, the Community Development Commission of the City of National City ("CDC") is a public body, corporate. politic, formed, organized, and exercising its powers and existing pursuant to the California Community Redevelopment Law, Health and Safety Code Section 33000, et seq., (the "CRL"), and specifically formed by the City Council of the City of National City; and WHEREAS, continued redevelopment to eliminate blight, improve public facilities and infrastructure, renovate and construct affordable housing, and enter into partnerships with private industries to create jobs and expand the local economy is vital to the health, safety and welfare of the City; and WHEREAS, Parts 1.8, 1.85 and 1.9 of Division 24 of the CRL were added by Assembly Bill x1 26 and Assembly Bill x1 27 (together the "2011 Redevelopment Legislation"), which laws purported to become effective immediately; and WHEREAS, the 2011 Redevelopment Legislation is a part of multiple trailer bills to the Fiscal Year 2011-2012 California budget bills that were approved by both houses of the State Legislature on June 15, 2011, and signed by the Governor on June 28, 2011; and WHEREAS, part 1.85 of the CRL (the "Dissolution Act") added by the 2011 Redevelopment Legislation ("Part 1.85") provides for the statewide dissolution of all redevelopment agencies, including the CDC (but not dissolution of the housing authority thereof), as of October 1, 2011, and provides that, thereafter, a successor agency will administer the enforceable obligations of the redevelopment agency of the CDC and otherwise wind up the CDC's affairs as a redevelopment agency, all subject to the review and approval of an oversight committee; and WHEREAS. as part of this wind up process, all redevelopment agencies are required to prepare a preliminary draft of the initial recognized obligation payment schedule listing payments to be made January 2012 through the end of June 2012; and WHEREAS, the dissolution of the CDC would be detrimental to the health, safety and economic well-being of the residents of the City, and would cause irreparable harm to the community because, among other reasons, the redevelopment activities and projects made possible, implemented and funded by the CDC are highly significant and of enduring benefit to the community and the City and are a critical component of the City's future; and WHEREAS, on July 18, 2011, the California Redevelopment Association, League of California Cities, City of Union City, City of San Jose, and John F. Shirey filed a petition for Writ of Mandate; Application for Temporary Stay, and supporting memorandum and declarations with the Supreme Court of the State of California (the `Petition"); and WHEREAS, on August 11, 2011, the California Supreme Court agreed to review the Petition challenging the constitutionality of the 2011 Redevelopment Legislation and ordered a stay (the "Supreme Court Stay) relative to specified portions of 1he2011 Redevelopment Legislation; and Resolution No. 2012 — 28 January 24, 2012 Page Two WHEREAS, on August 17, 2011, the California Supreme Court revised the Supreme Court Stay; and WHEREAS, the Supreme Court Stay postponed certain provisions of the 2011 Redevelopment Legislation indefinitely, but left in place provisions requiring a preliminary draft of the initial recognized obligation payment schedule; and WHEREAS, on September 27, 2011, the CDC approved its preliminary draft of the Initial Recognized Obligation Payment Schedule CROPS"); and WHEREAS, on December 29, 2011, the California Supreme Court issued is ruling which upheld ABx1 26 as valid and invalidated ABx1 27: and WHEREAS, subject to the contingencies and reservations set forth herein, the CDC desires to amend the preliminary draft of the Initial Recognized Obligation Payment Schedule: and WHEREAS, the CDC, by adoption of this Resolution, does not represent, disclaim, or take any position whatsoever on the issue of the validity of the 2011 Redevelopment Legislation, but rather the CDC seeks to comply with the Constitution and the laws of the State of California, including the 2011 Redevelopment Legislation, in order to preserve the ability of the CDC to continue to operate and perform its obligations and thereby benefit the community. NOW, THEREFORE, BE IT RESOLVED by the Community Development Commission of the City of National City as follows: Section 1. Section 2. Section 3. The foregoing Recitals are true and correct, and incorporated into this Resolution by this reference, and constitute a material part of this Resolution. Pursuant to California Health and Safety Code Section 34169, the CDC hereby amends the preliminary draft of the initial Recognized Obligation Payment Schedule. The preliminary draft of the Initial Recognized Obligation Payment Schedule is that which is referred to in Health and Safety Code Section 34169(h), and shall be interpreted and applied in all respects in accordance with such section and the California Redevelopment Law, to the fullest extent permitted by law. However, it is applicable to and binding on the CDC only to the extent that Part 1.8 of the 2011 Redevelopment Legislation is applicable to the CDC. The Executive Director, or designee, is hereby authorized and directed to: (i) post the amended preliminary draft of the Initial Recognized Obligation Payment Schedule on the City's website; (ii) notify the County Auditor - Controller, the State Controller and the State Department of Finance concerning the posting of such document; and (iii) take such other actions and execute such other documents as are necessary to effectuate the intent of this Resolution. Resolution No. 2012 — 28 January 24, 2012 Page Three Section 4. This Resolution shall in no way be construed as requiring the CDC to abide by the 2011 Redevelopment Legislation in the event either, or both, bills are found unconstitutional or otherwise legally invalid in whole or in part, nor shall this Resolution effect or give rise to any waiver of right or remedies the CDC may have, whether in law or in equity, to challenge the 2011 Redevelopment Legislation. This Resolution shall not be construed as the CDC's willing acceptance of, or concurrence with the 2011 Redevelopment Legislation, either ABx1 26 or ABx1 27; nor does this Resolution evidence any assertion or belief whatsoever on the part of the CDC that the 2011 Redevelopment Legislation is/are constitutional or lawful. Section 5. The Secretary shall certify to the adoption of this Resolution, which shall take effect upon the date of its adoption. PASSED and ADOPTED this 24th day of January. 2012. on Morrison, Chairman ATTEST: Braon, Secretary PROVED AS TO FORM: laudia e*: . itua Silva CDC Ge> ounsel Passed and adopted by the Community Development Commission of the City of National City, California, on January 24, 2012, by the following vote, to -wit: Ayes: Commissioners Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Chairman, Community Development Commission Secretary, Comevelopment Commission By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2012-28 of the Community Development Commission of the City of National City, Califomia, passed and adopted on January 24, 2012. Secretary, Community Development Commission By: Deputy Project Name/Obligation BOND OBLIGATIONS l'ayec(s) Descr i pi ion C•ty of Nationa City Rerounrvrd Obligations Paytr.enl Schedule Jaacar,• I. 2312 - June 30. 2012 Payment Date Thru June 3(1. 21)12 Tidal I I.'IAmd Obligation 6 Month Total January February March April Slay II131T A June 1 1999 Tax Allorabon Bond Bank of New York 1999 5 3,835,000 5 97,462 $ 97,463 2 2004 Tax Allocat•on Bond Deutsche Bank 2004 5 4,060,000 5 99,875 5 99,875 3 2005 Tax Alio, at Bond Deutsche Bank 2005 5 23,560,000 $ 547,671 5 547,671 4 2011 lax Allocat.on Bond Deutsche Bank 2011 $ 39,336„XX) $ 1,282,515 $ 1,282,515 5 Bond Indentures and Supplements 6 7 BOND PROJECTS B WI-TOD 9 10 :1 17 13 14 15 16 11 18 19 20 11 22 Various Legal commitmerts oe, the pond docs Westside 1.1111 I runsil-Oriented Development - 201-unit affordable housing project 26.900.222 WI-TOD (DDA) Paradise Creek Housing Partners Pre -development loan 5 3,741,60D 5 1,300,000 $ 300,000 S 200,000 5 200,000 5 200,000 ' 5 200.000 $ _ 200,000 WI-TOD (DDA) Paradise Creek (lousing Partners Phase I City Grant $ 17,215,400 WI- I OD (DDA) Paradise Creek Housing Partners Phase II inn! included in totals) $ 14,909,000 $ WI TOD City of National City/Kimley Horn & Associates Public Works re,ocation - Design / Engineering, 5 261,902 $ 261,902 - $ 61,902 5 50,000 1 $ 50,000 5 50,000 5 50,000 WI-TOD Property Owner - Various Purchase Replacement Yard 5 2.000,000 $ 2,000,000 $ - 5 5 5 2,000,000 5 5 - ;WI-TOD _ City ofNational City Building/Relocation Costs 5 1,500,000 WI-TOD E2 ManageTech Remediation plann:ng 5 1.36,836 $ 64,699 $ 10,783 $ 10,783 5 10,783 5 10,783 5 10,783 5 10,783 WI TOD City of National City/DTSC Environmental oversight 5 74,084 /00,000 $ 32,693 $ 6,539 $ 6,539 5 6,539 5 6,539 5 3,269 5 3,269 WI-10D City of National City/Contractor - Various Environmental Clean-up 5 $ 210,000 5 - $ 5 - 5 70,000 5 70,000 5 70,000 WI-TOD City of National City/Contractor - Various Site Demolition / Grading $ 400.000 WI-TOD City of Nationa! City/Consultant - Various Construction Management & Inspections 5 150,000 I WI•TOD City of Nationa; City/0pper & Varco Environmental outside counsel $ 19,500 5 16,875 $ 3.375 $ 3,375 $ 3,375 5 3,375 5 1,68/ 5 1,687 WI-TOD Ci1V of Natrona! City Project Management & Administration 5 /00,000 $ 350,000 $ $ 70,000 $ 70,000 $ 70,000 5 70,000 5 70,000 SRS4 and National City Blvd 23 Infrastructure Improvements 74 25 Off ramp and street Improvements necessary to redevelop "RCP Site" APN 4562- 321-08 $ 2,500,000 SR54 and National City Blvd !nfrastrurturc Improvements City of Nationa! City/Contractor - Various Construction ath St Corridor Smart Growth 26 Revitalization / Safe Routes to School 21 28 79 30 Traffic calming, pedestrian, bicycle and streetscape enhancements L2,500_000 5 3,213,271 8th St Corridor Smart Growth Revitalization / Safe Routes to School City of National City/Harris & Associates Design / Engineering S 176,347 5 1/1,101 5 31,070 $ 18,006 5 18,006 5 18,006 5 18,006 22.130 $ 13,006 8th St Corridor Smart Growth Revitalization / Safe Routes to School City of National City/Project Profess)osals Corporation Pnase 1 - Construction Management & Inspections 5 771,799 5 132,779 $ 22,130 $ 22,130 $ 22,130 5 22,130 5 $ 22,130 Bth St Corridor Smart Growth Revitalization / Sale Routes to School City of National City/Consultant - Various Pnase II - Construction Management & Inspections 5 400,000 _ 8th St Corridor Smart Growth Revitalization / Sale Routes to School City of National Coy/Contractor - Various Phase I: Constiuctior L_ 2,000,000 EXHIBIT A 31 32 33 Project .ante/Ohlieation Pasee(s Description City of National City Reco2m zed Obligations Payment Schedule January 1,'al,' - June 3u,2012 Total TI'Bond Oblieation 6 Month Total Januar Rebruar I'aynumt Dale Thru June 311, 2(112 ]larch A nr it s1u IIBIT A June 8th 5t Corridor Smart Growth Revita.ization / Safe Routes to School -- City of National City/URS --- 3rogram Management $ 15,625 5 7,813 S - S 1,S6i 5 1,56.3 5 I,563 5 1,56i $ 1.563 8th St Corridor S,,art Growth Revita:ization / Safe Routes to School City of National City Project Management & ACT n stration 5 300,000 $ 150,000 $ - S 30,000 5 30,(01) $ 30,000 5 3D,000 5 30.000 34 8th 5t Corridor Safety Enhanccmments 35 8th St Corridor Safety Erhancemments City of National City/RB' Consultants 36 8th St Corridor Safety Enhancemmens 37 8th St Corridor Safety Cnhancemments 38 8th St Corridor Safety Enhancemments City of National City/Consultant - Various City of National City/Contractor - Various City of Nat.onal City/URS Traffic calming, pedestrian enhancements, new traffic signal 5 430,000 Design / Engineering Construction Management & Inspections Construction $ 45,257 5 35,877 5 302 8,89.1 $ 8.894 5 5,.336 5 5,336 5 150,000 5 15,000 5 5 5 5 5 15,000 178,118 5 17.812 5 5 5 5 1 /,812 Program Management 5 15,525 5 7,813 5 1,563 1,563 5 :,563 c 1,563 5 1.563 39 40 Highland Ave Corridor Safety 41 Enhancements Iligh•and Ave Corridor Safety 42 Enhancements Highland Ave Corridor Safety 43 Enhancements 44 45 4G 47 Highland Ave Corridor Safety Enhancements 8th St Corridor Safety Enhancemrnens City of Naticna'. City City of National City/Consultant - Various Project Management & Administration Traffic calming and pedestrian enhancements 5 $ 40,i)V0 1,695,625 5 Design / Engineer ng 5 300,000 5 City of National City/Consultant - Various City of National City/Contractor - Various Construction Management & Inspections Construction 5 300,000 5 1,000,000 20,000 $ 5 4,000 S 4,000 4,000 S 4,000 $ 4,000 60,000 $ $ 5 $ 30,000 30,000 Highland Ave Corridor Safety Enhancements City of National City/URS Program Management 5 15,625 5 7,813 $ 5 1.56.3 $ 1,563 S 1,563 5 1,563 1,563 High'and Ave Corridor Safety Enhancements City of National City Project Management & Administration $ 80,000 5 40,000 5 5 8,0(X) $ 8,000 5 8,000 S 8.000 $ 8,000 D Ave Community Corridor / 12th St & D 48 Ave Roundabout 49 50 51 57 53 Traffic calming, pedestrian and bicycle enhancements 5 600,000 D Ave Community Corridor / 12th St & 0 Ave Roundabout City of National City/Kimley-Horn & Associates Design / Engineering r $ 202.685 5 136,910 5 63,732 5 14.636 5 36,589 5 14,636 $ 7.318 $ - D Ave Cnmmunny Corridor / 12th 5t & D Ave Roundabout City of National City/Consultant - Various Construction Management & Inspections 5 150.000 $ 15,000 5 - 5 - 5 - 5 5 - 5 15,000 :) Ave Community Corridor / 12th St & D Ave Roundabout City of National City/Contractor - Various Construction $ 181,691 5 18,169 5 5 5 $ $ 5 18,169 D Ave Community Corridor / 12th St & D Ave Roundabout City of National City/uIS Plow a'n Managemen7 $ 15,625 5 7,813 $ $ 1,S63 5 1,563 5 1,563 5 1.553 $ 1,563 D Ave Community Corridor / 12th St & D Ave Roundabout City of National City !Project Management & Administration 5 50,000 5 25,000 $ - 5 5,000 5 5,000 $ 5,00C $ 5.000 $ 5,000 54 Coolidge Ave Community Corridor / Safe IS Routes to School 56 Traffic calming. pedestrian, bicycle and streetscape enhancements $ 2,259,026 Coolidge Ave Community Corridor / Sate Routes to School City of National City/Kirnley-Horn & Assouates Design / Engineering 5 9 i,401 140.477 5 15,954 $ 37.042 49.389 ! $ 24.695 $ 12,347 S EXHIBIT A