HomeMy WebLinkAboutCC RESO 2016-209RESOLUTION NO. 2016 — 209
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE A SITE INFRASTRUCTURE
AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND
PARADISE CREEK II HOUSING PARTNERS, LP, TO SUBCONTRACT
WITH THE CITY TO PERFORM REQUIRED REMED!AT!ON WORK
AND IMPROVEMENT NEEDED ON THE PUBLIC PARK COMPONENT
OF THE WESTSIDE TRANSIT -ORIENTED AFFORDABLE HOUSING
AND PARADISE CREEK ENHANCEMENT PROJECT, AND
ESTABLISHING THE APPROPRIATION AND CORRESPONDING
REVENUE BUDGET FOR SAID AGREEMENT
WHEREAS, Paradise Creek Housing Partners, L.P., a California limited
partnership ("Phase I Developer"), and the Community Development Commission of the City of
National City ("CDC") acting in its capacity as the National City Redevelopment Agency ("CDC -
RDA"), entered into that certain Disposition and Development Agreement [Transit Oriented Infill
Affordable Housing and Paradise Creek Enhancement Project] ("Project') dated June 21, 2011
("DDA"). Paradise Creek II Housing Partners, L.P., a California limited partnership,
("Developer") has assumed all obligations of the Phase I Developer under the DDA with respect
to the Phase II Project, as defined in the DDA; and
WHEREAS, on February 1, 2012, all redevelopment agencies in California were
dissolved and the Successor Agency to the Community Development Commission as the
National City Redevelopment Agency ("Successor Agency") was established to make payments
and otherwise perform the enforceable obligations of the former RDA as it moved to wind down
the affairs of former RDA, and, by operation of law, the Successor Agency assumed the rights
and obligations of the CDC with respect to the DDA; and
WHEREAS, the Successor Agency is obligated under the DDA to pay for the
costs of certain environmental remediation activities with respect to the Project as defined in the
DDA. With respect to the Phase I and Phase II housing sites, the environmental remediation
activities were performed by a subcontractor to the Developer, the costs for which were invoiced
to and will be paid in full by the Successor Agency. Environmental remediation is yet to be
performed on the Paradise Creek Park Parcel I ("Park Pa_cer� but for the work has been
r Cwrr� � uiCurl ("Park a ar4iG1 ), uti� funding
obtained by the Successor Agency for the fiscal year beginning July 1, 2016; and
WHEREAS, the redevelopment agency dissolution law requires that all payments
by the Successor Agency must first be approved by the California Department of Finance
("DOF") via the Recognized Obligation Payment Schedule CROPS') process. The Successor
Agency included $2,000,000.00 in its ROPS for the July 1, 2016 — June 30, 2017 period ("ROPS
16-17") for environmental remediation of the Park Parcel, which item was approved by the DOF
as an enforceable obligation. The ROPS 16-17 specifies that the Developer is the payee of
those funds; and
WHEREAS, the Developer is also obligated to improve the Park Parcel, as
defined in and pursuant to the DDA. Under the Site Infrastructure Agreement, the Developer
would subcontract with the City of National City ("City") for the improvement of the Park Parcel
and would pay the City $4.8 Million in fuii and complete satisfaction of Developer's obligation to
improve the Park Parcel under the DDA; and
Resolution No. 2016 — 209
Page Two
WHEREAS, staff recommends that the Developer subcontract the environmental
remediation work to the City, and pay the City for the improvements of the Park Parcel, to allow
the City to coordinate the remediation and park improvement work with adjacent street
improvements to be funded by a separate Transportation Infrastructure Grant that has been
awarded to the City by the State of California.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute a Site Infrastructure Agreement with
Paradise Creek II Housing Partners, LP, for the City to be subcontractor for both the
remediation work and the improvements to the Paradise Creek Park parcel in satisfaction of the
Developer's obligation to remediate and improve said Parcel. Said Agreement is on file in the
office of the City Clerk.
PASSED and ADOPTED this 20th day of Dece = r, - 1
Morrison, Mayor
ATTEST:
Mic ael R. Dal . , sty Clerk
APPROVED AS TO FORM:
or/1£
George H. Eiser, III
Interim City Attorney
Passed and adopted by the Council of the City of National City, California, on
December 20, 2016 by the following vote, to -wit:
Ayes: Counciimembers Cano, Mendivii, Morrison, Rios, Sotelo-Solis.
Nays: None.
Absent None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
City lark of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2016-209 of the City of National City, California, passed and
adopted by the Council of said City on December 20, 2016.
City Clerk of the City of National City, California
By:
Deputy