HomeMy WebLinkAboutSA RESO 2013-33RESOLUTION NO. 2013 — 33
RESOLUTION OF THE BOARD OF THE SUCCESSOR AGENCY TO THE
COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY
REDEVELOPMENT AGENCY AUTHORIZING THE REMOVAL OF AN OBSOLETE
BACKFLOW FLAPPER VALVE LOCATED AT 922 WEST 23RD STREET
TO ADDRESS THE ISSUANCE OF A VIOLATION NOTICE FROM
SWEETWATER AUTHORITY ON AN EMERGENCY BASIS AS DECLARED BY
THE CITY ENGINEER, SUBJECT TO THE PROVISIONS OF
THE CALIFORNIA PUBLIC CONTRACT CODE FOR EMERGENCY
REPAIRS, TO REMOVE THE BACKFLOW VALVE, AND AUTHORIZE
THE ALLOCATION OF $40,000 OF REDEVELOPMENT PROPERTY TAX TRUST FUNDS
IDENTIFIED IN ROPS 2 AND 3, ITEM NO. 101, FOR "GENERAL PROPERTY
MANAGEMENT' AND/OR OTHER FUNDS ON HAND IN RELATION TO ANOTHER
ROPS 2 OR 3 ITEM, CONCURRENT WITH A COMMITMENT TO REIMBURSE THE
SUCCESSOR AGENCY AS TO THAT ITEM UPON APPROVAL OF ROPS 13-14A,
WHICH LISTS SAID BACKFLOW AS AN ENFORCEABLE OBLIGATION
WHEREAS, while installing a new water facility, Sweetwater Authority discovered
an obsolete backflow flapper valve connected to their water service that provides water to the
fire sprinkler system at the Historic Train Depot located at 922 West 23rd Street, which property
is owned by the Successor Agency to the Community Development Commission as the National
City Redevelopment Agency ("Successor Agency"); and
WHEREAS, because the obsolete valve is not an allowable means to prevent
backflow into the potable water system, and could put human health at risk, the valve needs to
be replaced immediately; and
WHEREAS, Item No. 166 on the Recognized Obligation Payment Schedule
("ROPS 13-14K), in the amount of $40,000, was approved by the Successor Agency and the
Oversight Board to remove the backflow valve; and
WHEREAS, ROPS 13-14A is currently under review by the State Department of
Finance, but due to the possible health and safety risks involved, this project cannot be deferred
until the start of the new ROPS cycle, which commences on July 1, 2013; and
WHEREAS, on ROPS 2 and 3, item No.101, "General Property Management," is
listed, and the violation notice requiring that the valve be removed falls well within this category.
WHEREAS, Staff recommends that the Successor Agency grant approval for
staff to proceed with this project on an emergency basis as declared by the City Engineer,
subject to the provisions of the California Public Contract Code, and authorize the use of
$40,000 for this project; and
WHEREAS, the Successor Agency finds, based on substantial evidence set forth
in the minutes of its meeting on April 2, 2013, that the emergency presented by this valve will
not permit a delay resulting from a competitive solicitation for bids, and that the action is
necessary to respond to the emergency, and has approved and adopted this resolution by a
four -fifths vote; and
WHEREAS, Staff notes that in its approval of ROPS 2 and 3, the Successor
Agency previously identified $60,000 of Redevelopment Property Tax Trust Funds ("RPTTF")
for dedication to "General Property Management," which includes the removal of this valve; and
Resolution No. 2013 — 33
Page Two
WHEREAS, the Oversight Board of the Successor Agency and the state
Department of Finance have approved ROPS 2 and 3, including but not limited to Item No. 101;
and
WHEREAS, Staff further notes that additional "RPTTF" identified in ROPS 2
and/or 3 are on hand, and may be required to fund the removal of this valve to the extent that
any deficiency may exist with respect to the Successor Agency's capacity to fund the removal
via funds previously allocated to the enforceable obligation identified in ROPS 2 and 3 as No.
101; and
WHEREAS, Staff will communicate and cooperate with the Department of
Finance regarding the substance and implementation of this resolution.
NOW, THEREFORE, BE IT RESOLVED that the Successor Agency to the
Community Development Commission as the National City Redevelopment Agency hereby
approves moving forward with the emergency repair to the backflow flapper valve to prevent
harm to the public water supply, and authorizes the use of $40,000 of the amount identified in
ROPS 2 and 3, Item No. 101, for General Property Management, and/or the temporary
allocation of other RPTTF on hand, subject to reimbursement and reallocation of said RPTTF,
on a dollar for dollar basis, upon the Successor Agency's receipt of RPTTF in relation to Item
No. 166 as listed on ROPS 13-14A.
PASSED and ADOPTED this 2nd day of April, 20
i'
on Nrorrison, Chairman
ATTEST:
",d,)
Michael R. Dalla, tity Clerk as
Secretary to the Successor Agency
AS TO FORM:
G d`ia G a Silva
Successor Jkgency Counsel
Passed and adopted by the Successor Agency to the Community Development
Commission as the Redevelopment Agency of the City of National City, California, on
April 2, 2013 by the following vote, to -wit:
Ayes: Boardmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis.
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
n � ,
C ty Clerk Serving as Secretary to the Successor Agency
�GALlK�
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2013-33 of the Successor Agency to the Community Development
Commission as the Redevelopment Agency of the City of National City, California,
passed and adopted on April 2, 2013.
By:
City Clerk Serving as Secretary
to the Successor Agency
Deputy