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HomeMy WebLinkAboutSA RESO 2012-15RESOLUTION NO. 2012 — 15 RESOLUTION OF THE BOARD OF THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY APPROVING CERTAIN ACTIONS TO EFFECTUATE THE TRANSFER OF THE HOUSING FUNCTIONS, ASSETS AND OBLIGATIONS OF AND FROM THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ACTING IN ITS CAPACITY AS THE HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY WHEREAS, the City Council of the City of National City established the Redevelopment Agency of the City of National City (the "Agency") by Ordinance No. 1164, dated April 11, 1967; and WHEREAS, the City Council of the City of National City established the Housing Authority of the City of National City (the "Authority") by Ordinance No. 1484, dated October 14, 1975; and WHEREAS, the City Council of the City of National City established the Community Development Commission of the City of National City (the "CDC') by Ordinance No. 1484, dated October 14, 1975, and vested the CDC with all of the powers, duties and responsibilities of both the Agency and the Authority, among other matters, for the purpose of enabling the CDC to operate and govern the Agency and the Authority under a single board and as a single operating entity; and WHEREAS, pursuant to Assembly Bill No. ABx1 26 (2011-2012 1' Ex. Sess.) signed by the California Governor on June 28, 2011 ("AB 26"), as modified by the California Supreme Court on December 29, 2011, by its decision in California Redevelopment Association v. Matosantos, all California redevelopment agencies, including the Agency, were dissolved on February 1, 2012, and successor agencies were designated and vested with the responsibility of winding down the business and fiscal affairs of the former redevelopment agencies; and WHEREAS, pursuant to ABx1 26, the City Council of the City of National City adopted Resolution No. 2012-15 on January 10, 2012, electing to be the Successor Agency to the Agency (the "Successor Agency"), which is a legal entity that exists separate and independent from the City of National City; and WHEREAS, pursuant to ABx1 26, the City Council of the City of National City adopted Resolution No. 2012-16 on January 10, 2012, designating the Authority as the entity responsible for performing the housing functions previously performed by the Agency and the CDC acting in its capacity as the Agency, and designating the Authority as the entity to receive the transfer of, without limitation, all of the housing assets, rights, powers, duties, obligations, liabilities and functions previously performed by the Agency and the CDC acting in its capacity as the Agency, upon the dissolution of the Agency under AB 26; and WHEREAS, in accordance with ABx1 26, the Board of Directors of the Authority adopted Resolution No. 2012-01 on January 10, 2012, accepting the designation as the entity that will perform the housing functions previously performed by the Agency and the CDC acting Resolution No. 2012 — 15 June 19, 2012 Page Two in its capacity as the Agency, and accepting the transfer of, without limitation, all of the housing assets, rights, powers, duties, obligations, liabilities, and functions previously performed by the Agency and the CDC acting in its capacity as the Agency, upon the dissolution of the Agency under ABx1 26; and WHEREAS, the CDC adopted Resolution No. 2012-30 on January 24, 2012, ratifying and confirming the City Council of the City of National City's designation of the Authority to receive the transfer of, without limitation, all of the housing assets, rights, powers, duties, obligations, liabilities, and functions previously performed by the Agency and the CDC acting in its capacity as the Agency, upon the dissolution of the Agency under ABx1 26, while reserving its rights, authority and powers duly vested in the CDC; and WHEREAS, on February 1, 2012, all assets, properties, contracts, leases, books and records, buildings, and equipment of the Agency were transferred by operation of law to the control of the Successor Agency, and all authority, rights, powers, duties, and obligations previously vested in the Agency were vested in the Successor Agency, for administration pursuant to Part 1.85 of ABx1 26; and WHEREAS, Section 34177(g) of ABx1 26 requires the Successor Agency to effectuate the transfer of the housing functions and assets of the Successor Agency to the Authority; and WHEREAS, in order to allow the Authority and the CDC acting in its capacity as the Authority to appropriately complete the housing projects and carry out the housing functions previously performed by the Agency and the CDC acting in its capacity as the Agency, the Successor Agency hereby finds it necessary and appropriate to effectuate the transfer of the Real Property, the Other Assets and the Obligations, all as described below, of and from the Successor Agency to the CDC acting in its capacity as the Authority at this time; and WHEREAS, pursuant to Section 15301 of the State CEQA Guidelines, the transfer of the Real Property, the Other Assets and the Obligations is exempt from environmental review under CEQA because the transfer will result in a continuation of an existing facility involving no expansion of use, and is therefore exempt from environmental review, and any future development of the Real Property and the Other Assets will require separate environmental review; and WHEREAS, the transfer of the Real Property, the Other Assets and the Obligations of the Successor Agency to the CDC acting in its capacity as the Authority will accomplish the public purposes of allowing the Authority and the CDC acting in its capacity as the Authority to appropriately complete the housing projects and carry out the housing functions previously performed by the Agency and the CDC acting in its capacity as the Agency; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. Resolution No. 2012 — 15 June 19, 2012 Page Three NOW, THEREFORE, BE IT RESOLVED BY THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY AS FOLLOWS: The Board of Directors of the Successor Agency has received and heard all oral and written objections to matters pertaining to this transaction, and all such oral and written objections are hereby overruled. 2. The Board of Directors of the Successor Agency hereby finds and determines that the foregoing recitals are true and correct. 3. The Board of Directors of the Successor Agency hereby approves and authorizes the transfer to the CDC acting in its capacity as the Authority of all of the Successor Agency's right, title and interest, now held or at any time hereafter acquired, in and to the Real Property and the Other Assets for use by the CDC acting in its capacity as the Authority to carry out the housing functions previously performed by the Agency and the CDC acting in its capacity as the Agency: (a) The real property which is the subject of this Resolution consists of the real property located in the City of National City, County of San Diego, State of California associated with the housing functions previously performed by the Agency and the CDC acting in its capacity as the Agency, including but not limited to the real property described in the Schedule of Real Property (Attachment No. 1) (collectively, the "Real Property"); and (b) The Other Assets which are the subject of this Resolution consist of the leases, promissory notes, agreements and other rights to receive payment of funds and/or other consideration associated with the housing functions previously performed by the Agency and the CDC acting in its capacity as the Agency, including but not limited to the leases, promissory notes and agreements described in the Schedule of Other Assets (Attachment No. 2), all cash accounts, records, reports, files, furniture, fixtures, equipment, and all other tangible and intangible personal property associated with the housing functions previously performed by the Agency and the CDC acting in its capacity as the Agency (collectively, the "Other Assets"). 4. The Board of Directors of the Successor Agency hereby approves of and authorizes an assignment by the Successor Agency to the CDC acting in its capacity as the Authority, of the Successor Agency's rights and obligations under any and all agreements associated with the housing functions previously performed by the Agency and the CDC acting in its capacity as the Agency, including but not limited to the agreements described in the Schedule of Obligations (Attachment No. 3) (collectively, the "Obligations"). Provided however, that the Successor Agency shall not be released from any of its Resolution No. 2012 — 15 June 19, 2012 Page Four monetary obligations under any of the Obligations, and the Successor 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 and owing under the Obligations and all costs arising from or associated with the implementation of the Obligations, including the administrative costs of the Authority and the CDC acting in its capacity as the Authority in amounts that are not disproportionate to the costs of carrying out the Obligations. 5. The Executive Director, or his/her designee, of the Successor Agency is hereby authorized and directed to take all reasonable and necessary actions and sign on behalf of the Successor Agency all reasonable and necessary documents, including without limitation assignment and assumption agreements, first approved in writing by the Successor Agency General Counsel to implement and carry out the transfer of the Real Property, Other Assets, and Obligations from the Successor Agency to the CDC acting in its capacity as the Authority. 6. The Executive Director, or his/her designee, of the Successor Agency is hereby authorized and directed to take all reasonable and necessary actions to establish and implement appropriate procedures for the Successor Agency's payment of the costs of the Authority and the CDC acting in its capacity as the Authority of carrying out the Obligations, including administrative costs in amounts that are not disproportionate to the costs of carrying out the Obligations. 7. This Resolution shall take effect immediately upon its adoption. PASSED and ADOPTED this 19th day of June, on Morrison, Chairman ATTEST: aWI�, Michael R. Dalla, City Clerk as Secretary to the Successor Agency AS TO FORM: Clad& G� Successor ATTACHMENT NO. 1 SCHEDULE OF REAL PROPERTY 1. 0028 A AVEI -fAPN #556 553 08 001 REAL PROPERTY IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA 2. [SHERYL LANE- NO NUMBERI -fAPN #557 430 37 001 REAL PROPERTY IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA 3. f405 W. 18T" STREETI -fAPN #559 085 08 001 REAL PROPERTY IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ATTACHMENT NO. 2 SCHEDULE OF OTHER ASSETS RESIDUAL RECEIPTS PROMISSORY NOTES Residual Receipts Promissory Note secured by Deed of Trust to the Community Development Commission of the City of National City -CDC Acquisition and Development loan dated as of 12/18/2001 from Plaza Manor Preservation, L.P. in the principal amount of $260,000. Residual Receipts Promissory Note secured by Deed of Trust to the Community Development Commission of the City of National City -CDC Acquisition and Development loan dated as of 02/19/1999 from Copper Hills Apartments Limited Partnership in the principal amount of $1,915,544. Residual Receipts Promissory Note secured by Deed of Trust to the Community Development Commission of the City of National City -CDC Acquisition and Development loan dated as of 06/01/1999 from Copper Hills Apartments Limited Partnership in the principal amount of $4,454,037. Residual Receipts Promissory Note secured by Deed of Trust to the Community Development Commission of the City of National City -CDC Acquisition and Development loan dated as of 08/28/2008 from Casa Familiar, Inc. in the principal amount of $669,653. Residual Receipts Promissory Note secured by Deed of Trust to the Community Development Commission of the City of National City -CDC Acquisition and Development loan dated as of 11/01/2005 from Plaza City Apartments, LP in the principal amount of $3,722,000. PROMISSORY NOTES Promissory Note to the Community Development Commission of the City of National City from Richard Azhocar in the principal amount of $30,000.00. Promissory Note to the Community Development Commission of the City of National City from Salvador Barajas in the principal amount of $2,340.00. Promissory Note to the Community Development Commission of the City of National City from Adriana Barcena in the principal amount of $7,440.00. Promissory Note to the Community Development Commission of the City of National City from Timothy Blake in the principal amount of $5,196.00. Promissory Note to the Community Development Commission of the City of National City from Mark Brown in the principal amount of $19,400.00. Promissory Note to the Community Development Commission of the City of National City from Daniel Ceballos in the principal amount of $30,500.00. Promissory Note to the Community Development Commission of the City of National City from Leonardo Descaller in theprincipal amount of $26,500.00. Promissory Note to the Community Development Commission of the City of National City from Jose Espinoza in the principal amount of $28,000.00. Promissory Note to the Community Development Commission of the City of National City from Jose Gutierrez in the principal amount of $1,889.00. Promissory Note to the Community Development Commission of the City of National City from Miguel Hernandez in the principal amount of $25,000.00. Promissory Note to the Community Development Commission of the City of National City from Thomas Keough in the principal amount of $2,770.00. Promissory Note to the Community Development Commission of the City of National City from Salvador Leonin theprincipal amount of $12,960.00. Promissory Note to the Community Development Commission of the City of National City from Dora Liera in the principal amount of $25,000.00. Promissory Note to the Community Development Commission of the City of National City from Barbara Mellor in the principal amount of $18,926.00. Promissory Note to the Community Development Commission of the City of National City from Danielle Michael is in the principal amount of $19.900.00. Promissory Note to the Community Development Commission of the City of National City from Marco Najera in the principal amount of $21,000.00. Promissory Note to the Community Development Commission of the City of National City from Victor Ramos in the principal amount of $15,000.00. Promissory Note to the Community Development Commission of the City of National City from Eddie Rodriguez in the principal amount of $1,618.00. Promissory Note to the Community Development Commission of the City of National City from Jesus Romero in the principal amount of $18,050.00. Promissory Note to the Community Development Commission of the City of National City from Alvaro Sanchez in the principal amount of $18,000.00. Promissory Note to the Community Development Commission of the City of National City from Carlos Solis in the principal amount of $15,000.00. Promissory Note to the Community Development Commission of the City of National City from Antonio Vargas in the principal amount of $25,000.00. Promissory Note to the Community Development Commission of the City of National City from Albert Wertz in the principal amount of $18,200.00. ATTACHMENT NO. 3 SCHEDULE OF OBLIGATIONS AFFORDABILITY COVENANTS Agreement Containing Covenants between the Community Development Commission of the City of National and Plaza Manor Preservation, L.P. dated as of 06/19/2002. Agreement Containing Covenants between the Community Development Commission of the City of National and Copper Hills Apartment Limited Partnership dated as of 12/07/1998. Agreement Containing Covenants between the Community Development Commission of the City of National and Casa Familiar, Inc. dated as of 11/09/2009. ENVIRONMENTAL INDEMNITY AGREEMENTS Environmental Indemnity by Casa Familiar, Inc. in favor of the Community Development Commission of the City of National City dated as of 11/09/2009. Passed and adopted by the Successor Agency to the Community Development Commission as the Redevelopment Agency of the City of National City, California, on June 19, 2012 by the following vote, to -wit: Ayes: Boardmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Chairman of the Successor Agency to the Community Development Commission as the Redevelopment Agency of the City of National City, California 0 A City Clerk Se ing as Secretary to the Successor Agency Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2012-15 of the Successor Agency to the Community Development Commission as the Redevelopment Agency of the City of National City, California, passed and adopted on June 19, 2012. City Clerk Serving as Secretary to the Successor Agency By: Deputy