HomeMy WebLinkAboutSA RESO 2012-20RESOLUTION NO. 2012 — 20
RESOLUTION OF THE BOARD OF THE SUCCESSOR AGENCY
TO THE COMMUNITY DEVELOPMENT COMMISSION AS
THE NATIONAL CITY REDEVELOPMENT AGENCY WAIVING
THE BID PROCESS AND AUTHORIZING THE PURCHASE
OF FOUR PRE -FABRICATED RESTROOMS, TWO FOR KIMBALL PARK
AND TWO FOR LAS PALMAS PARK,FROM OREGON ROMTEC, INC.,
FOR THE NOT TO EXCEED AMOUNT OF $665,036.40,
PLUS UP TO $26,601.46 (4%) FOR REQUIRED PERFORMANCE,
LABOR, AND MATERIAL BONDS, THROUGH A COOPERATIVE PURCHASE
PROGRAM UNDER THE CALIFORNIA MULTIPLE AWARDS SCHEDULE
OF THE STATE OF CALIFORNIA, DEPARTMENT OF GENERAL SERVICES
WHEREAS, the City Council established the Redevelopment Agency of the City
of National City (the "Redevelopment Agency") by Ordinance No. 1164, dated April 11, 1967;
and
WHEREAS, the City Council established the Housing Authority of the City of
National City (the "Housing Authority") by Ordinance No. 1484, dated October 14, 1975; and
WHEREAS, the City Council 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
Redevelopment Agency and the Housing Authority, among other matters, for the purpose of
enabling the CDC to operate and govern the Redevelopment Agency and the Housing Authority
under a single board and as a single operating entity. The Community Development
Commission of the City of National City acting in its capacity as the Redevelopment Agency of
the City of National City is referred to herein as the "CDC -RDA"; and
WHEREAS, pursuant to Assembly Bill No. X1 26 (2011-2012 1st Ex. Sess.)
signed by the California Governor on June 28, 2011 ("AB 26"), as modified by the California
Supreme Court on December 29, 2011 pursuant to its decision in California Redevelopment
Association v. Matosantos, which amended, among other statutes, the California Community
Redevelopment Law (Health & Safety Code §§ 33000 et seq.) (the "CRL"), all California
redevelopment agencies, including the Redevelopment Agency and the CDC -RDA, 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 AB 26, the City Council of the City adopted Resolution
No. 2012-15 on January 10, 2012, electing to be the Successor Agency to the CDC -RDA. The
Successor Agency is a legal entity that exists separate and independent from the City. The
Successor Agency formally named itself the "Successor Agency to the Community
Development Commission as the National City Redevelopment Agency"; and
WHEREAS, on February 1, 2012, all assets, properties, contracts, leases, books
and records, buildings and equipment of the Redevelopment Agency and the CDC -RDA 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 Redevelopment Agency and the CDC -
RDA were vested in the Successor Agency, for administration pursuant to Part 1.85 of AB 26;
and
Resolution No. 2012 — 20
August 14, 2012
Page Two
WHEREAS, as part of the FY 2012-2013 State budget package, on June 27,
2012, the Legislature passed and the Governor signed Assembly Bill No. 1484 ("AB 1484",
Chapter 26, Statutes 2012). Although the primary purpose of AB 1484 is to make technical and
substantive amendments to AB 26 based on issues that have arisen in the implementation of
AB 26, AB 1484 imposes additional statutory provisions relating to the activities and obligations
of successor agencies and to the wind down process of former redevelopment agencies; and
WHEREAS, the Successor Agency is required to undertake several actions
pursuant to Part 1.85 of AB 26 as amended by AB 1484, including, without limitation, to
expeditiously wind down the business and fiscal affairs of the Redevelopment Agency and the
CDC -RDA pursuant to Health and Safety Code Section 34177(h) of AB 1484; and
WHEREAS, under AB 26 as amended by AB 1484, each successor agency shall
have an oversight board with fiduciary responsibilities to holders of enforceable obligations and
the taxing entities that benefit from distributions of property taxes and other revenues pursuant
to Health and Safety Code Section 34188; and
WHEREAS, the oversight board has been established for the Successor Agency
(hereinafter referred to as the "Oversight Board") and all seven (7) members have been
appointed to the Oversight Board pursuant to Health and Safety Code Section 34179. The
duties and responsibilities of the Oversight Board are primarily set forth in Health and Safety
Code Sections 34179 through 34181 of AB 26 as amended by AB 1484; and
WHEREAS, in accordance with and pursuant to the CRL, the CDC -RDA issued
its 2011 Tax Allocation Bonds in March 2011 ("Bonds"). The Bonds contain use of proceeds
requirements and tax-exempt compliance matters. The Bonds provide specifically call out the
Las Palmas Park Facilities Plan Phase I also allows for similar types of projects such as the
Kimball Park improvements (collectively, the "Project') for which the proceeds of the Bonds
("Bond Proceeds") are to be expended. The Project will provide accessibility improvements at
the restrooms in the parks; and
WHEREAS, the Bonds provide that the Bond Proceeds are to be used for the
Project and it is in the best interests of and for the common benefit of residents, employees,
business tenants and property owners within the City for the Project to be developed and
constructed; and
WHEREAS, to upgrade the restroom facilities at Kimball and Las Palmas Parks,
the Successor Agency to the Community Development Commission as the National City
Redevelopment Agency ("Successor Agency") desires to purchase and have installed four pre-
fabricated restrooms (two in each park) through a cooperative purchase program under the
California Multiple Awards Schedule ("CMAS") of the State of California, Department of General
Services, which is a qualified program and pre -approved alternative from formally bidding or
gathering three competitive quotes for public purchases of materials, equipment, or services;
and
WHEREAS, the Successor Agency has determined that Oregon Romtec, Inc., is
a member of CMAS and is qualified by experience and ability to perform the services desired by
the Successor Agency, and Oregon Romtec, Inc., is willing to perform such services for the not
Resolution No. 2012 — 20
August 14, 2012
Page Three
to exceed amount of $665,036.40, which includes demolition of the existing structures, deliver,
installation, and utility hook-up for each restroom; and
WHEREAS, Section 2.60.260 of the National City Municipal Code provides
buying directly from a vendor at a price established through competitive bidding by another
public agency whose procedures have been determined to be in substantial compliance with
National City's procurement procedures, and the Successor Agency has made such a
determination in this case. It is therefore recommended that the purchase of two pre -fabricated
restrooms be made without complying with the competitive bidding procedure set forth in the
Municipal Code, and award the contract to Oregon Romtec, Inc., for the not to exceed amount
of $665,036.40 for the purchase and installation of four pre -fabricated restrooms, plus up to
$26,601.46 (4%) for required performance, labor, and material bonds.
NOW, THEREFORE, BE IT RESOLVED by the Board of 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 affirms the
determination that State of California's procurement procedures are in substantial
compliance with the City of National City's, and pursuant to Section 2.60.260 of
the Municipal Code, authorizes the waiver of the bidding process for the
purchase and installation of four pre -fabricated restrooms (two for Kimball Park
and two for Las Palmas Park) through the California Multiple Awards Schedule
("CMAS") of the State of California, Department of General from Oregon Romtec,
Inc.
4. The Board of Directors of the Successor Agency hereby approves the purchase
of the restrooms for the not to exceed amount of $665,036.40, plus up to
$26,601.46 (4%) for required performance, labor, and material bonds.
5. The Executive Director, or his/her designee, of the Successor Agency is hereby
authorized and directed to execute the Agreement on behalf of the Successor
Agency and to sign all other necessary documents, on behalf of the Successor
Agency, first approved in writing by the Successor Agency General Counsel and
to take all other actions necessary to implement and carry out the purposes of
the Agreement and this Resolution.
6. This Resolution shall take effect immediately upon its adoption.
--- Signature Page to Follow ---
Resolution No. 2012 — 20
August 14, 2012
Page Four
PASSED and ADOPTED this 14th day of August 12.
n Morrison, Chairman
ATTEST:
Michael R. Dalla, ity Clerk as
Secretary to the uccessor Agency
APPROVED AS -TO FO
Passed and adopted by the Successor Agency to the Community Development
Commission as the Redevelopment Agency of the City of National City, California, on
August 14, 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
By:
City Clerk Se g 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. 2012-20 of the Successor Agency to the Community Development
Commission as the Redevelopment Agency of the City of National City, California,
passed and adopted on August 14, 2012.
(-0
:y Clerk Serving as Secretary
to the Successor Agency
Deputy