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HomeMy WebLinkAboutSA RESO 2015-69NOT ADOPTED RESOLUTION NO. 2015-69 "RESOLUTION OF T HE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL C@TY REDEVELOPMENT AGENCY APPROVING A GRANT AGREEMENT AND ESCROW INSTRUCTIONS BY AND BETWEEN THE SUCCESSOR AGENCY AND COMMUNITY HOUSINGWORKS, PROVIDING A GRANT OF $14,90%000 TO ASSIST DEVELOPMENT OF PHASE Il OF AN INFILL AFFORDABLE HOUSING PROJECT, PUBLIC FACILITIES, OPEN SPACES AND COMMUNITY SERVICES ON 12.75 ACRES FORMERLY KNOWN AS THE NATIONAL CITY PUBLIC WORKS CENTER AND ILLES FAMILY TRUST SITE." (Housing, Grants, & Asset Management) This [resolution was not adopted at the Successor Agency to the Community Development Commission as the National City Redevelopment Agency Regular Meeting of August 4, 2015, August 5, 2015 Michael R. Nalla, CIVIC City Clerk City of National City NOT ADOPTED RESOLUTION NO. 2015 — 69 RESOLUTION OF THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY APPROVING A GRANT AGREEMENT AND ESCROW INSTRUCTIONS BY AND BETWEEN THE SUCCESSOR AGENCY AND COMMUNITY HOUSiNGWORKS, PROVIDING A GRAFT OF $14,909,000 TO ASSIST DEVELOPMENT OF PHASE ii OF AN INFIL L AFFORDABLE HOUSING PROJECT PUBLIC cgC1L,TIEv, OPEN SPACES AND COMMUNITY SERVICES ON 12.75 ACRES FORMERLY KNOWN AS THE NATIONAL CITY PUBLIC WORKS CENTER AND iLLES FAMILY TRUSY SmE WHEREAS, Community Hol�sir±gWorks ("CHVN, is a California nonpraf;2 public benefit corporation whose purposes include development and operation of such affordable housing in, among other areas, the County of San Diego; and WHEREAS, the now dissolved Community Development Commission of the City of National City ("CDC") and Paradise Creek Housing Partners, L.P., a California limited partnership (the `Phase I Developer"), entered into that certain "Disposition and Development Agreement," dated as of June 21, 2011 (the °DDA" ), maintained as a public record by the City Clerk ("Clerk") of the City of National City ("City"); and WHEREAS, the Redevelopment Agency of the City of National City 'Agency") was established by Ordinance No. 1164, dated April 11, 1967; and WHEREAS, the City formed the CDC and the Housing Authority of the City of National City ("Housing Authority") by Ordinance No. 1484, dated October 14, 1975; and WHEREAS, the CDC was established to enable both the Agency and the Housing Authority to operate under a single board and single entity, responsible for the administration of redevelopment activities within the City of National City; and WHEREAS, on February 1, 2012, the State of California dissolved all California redevelopment agencies, and established successor agencies to the former redevelopment agencies vested with all authority, rights, powers, duties and obligations of the dissolved redevelopment agencies pursuant to California Health and Safety Code Section 34173, said obligations including the payment, and performance and enforcement of enforceable obligations of the dissolved redevelopment agencies; and WHEREAS, the City elected to serve as the successor agency to the CDC upon the dissolution of the Agency, pursuant to Resolution No. 2012-15 adopted on January 10, 2012,and in that capacity e I S d f Pn.. di..+:n-f a s i t..a. exists n .. —tt as a o .� , ^a..0 separate legal entity lldil= "Successor Agency to the Community Development Commission as the National City Redevelopment Agency" (`Successor Agency"); and WHEREAS, pursuant to the DDA and as more particularly provided therein, the Phase I Developer had the duty to construct, in two (2) Phases, an infili affordable housing project ("Project") on the 12.75 acres known as the former National City Public Works Center and Illes Family Trust site ("Site"); and WHEREAS, the Project shall include, without limitation, a total of two hundred one (201) affordable rental housing units, certain community facilities for the use of the residents (a) improvement of the Paradise Creek Parcel, and (b) improvement and expansion, for the benefit of the entire community, of Paradise Creek Educational Park; and NOT ADOPTED Resolution No. 2015 — 69 August 4, 2015 Page Two WHEREAS, the obligations of Phase 1 Developer with respect to the development of Phase II of the Project have been assigned to Paradise Creek ii Housing Partners, L.P., a California limited partnership ("Developer"), and WHEREAS, Successor Agency holds, within its Capital improvements Fund, the sure of Fourteen ivfiliinn wine "undred Nin- T no,Esano "o'!a 3 (,3":a ��ta rt t'.00) to be used to finance development of affordable housing projects such as the Project (the 'Funds"); and WHEREAS, the Funds are proceeds of the issuance of those certain °$39,660,000 Community Development Commission of the City of National City (San Diego County, California) (National City Redevelopment Project) 2011 Tax Allocation Bonds" ("Bonds"); and WHEREAS, in accord with its statutory function and operation, the Successor Agency desires also to foster the development of private nonprofit, community -based, service organizations with the capacity to develop and/or finance affordable housing projects in National City such as the Project; and WHEREAS, the Successor Agency, on the terms and conditions set forth in that certain "Grant Agreement and Escrow Instructions" approved by the Successor Agency on August 4, 2015 and maintained by the Clerk as a public record ("Grant Agreement"), granted the sum of Fourteen Million Nine Hundred Nine Thousand Dollars ($14,909,000.00) to CHW for the dual purpose of permitting CHW to provide part of the financing for Phase II of the Project and building CHW's capacity to participate in the development of future affordable housing projects in the community; and WHEREAS, pursuant to the Grant Agreement, CHW will loan all Funds to the Developer ("CHW Loan"), and be obligated to use all money tendered by Developer in repayment of the CHW Loan ("Program Income°) to fund social and educational programming and activities that will benefit the Project, its residents, and the residents of the community in which the Project is located ("Programming and Activities"); and WHEREAS, pursuant to the Grant Agreement, all Programming and Activities funded by CHW from Program Income shall be approved annually by the Executive Director, said Programming and Activities to include without limitation: 1. Resident and community -based clean-up efforts within the Project; 2. Youth environmental education programming; 3. Jobs -corps type training; 4. To create a matching fund for Project residents saving for home ownership; and 5. To create a first time homebuyer program for Project residents. WHEREAS, the Grant Agreement must also be approved by the Oversight Board of the Successor Agency to the Community Development Commission as the National City Redevelopment Agency ("Oversight Board") prior to being effective; and NOT ADOPTED Resolution No. 2015 — 69 August 4, 2015 Page Three NOW, THEREFORE, BE IT RESOLVED by the Successor Agency to the Community Development Commission as the Nationai City Redevelopment Agency as follows: Section 1. The foregoing recitals are true and correct, and are a substantive part of this Resolution, including the terms defined therein. Section 2. The Successor Agency hereby approves the Grant Amendment, a true and correct copy of which is maintained by the City Clerk as a public record, whereby the Successor Agency and CHW agreed upon the terms and conditions under which the Successor Agency would (i) provide CHW with Funds derived from the issuance of Bonds, to wit, a grant of $14,909,000.00, assisting In the development of the Project at the Site by permitting CHW to provide part of the financing for Phase II of the Proiect, and also (H) require CHW to make the CHW Loan to Developer, and use Program Income to fund Programming and Activities. Section 3. The Chairman of the Successor Agency, or his designee, is hereby authorized and directed to take such other actions and execute such other documents as are necessary to effectuate the intent of this Resolution on behalf of the Successor Agency, Section 4. The Successor Agency finds that (i) the certified Environmental Impact Report for the Westside Specific Plan ("EIR") analyzed a Transit Oriented Development for the Site, and that the Project's development will comply with the California Environmental Quality Act ("CEQA") and the guidelines adopted in relation thereto ("Guidelines"), and (ii) insofar as this Resolution and the approved Grant Agreement relate to the CHW Loan and the use of Program Income to fund Programming and Activities, this Resolution does not represent a .project" for purposes of CEQA, as that term is defined by Guidelines section 15378, because this Resolution is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment, per section 15378(b)(5) of the Guidelines. Section 5. The City Clerk shall certify to the adoption of this Resolution. PASSED and ADOPTED this 4th day of August, 2015. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: Claudia G. Silva City Attorney