HomeMy WebLinkAbout2011 08-24 CC CDC AGENDA PKTN
AGENDA OF A SPECIAL MEETING
CITY COUNCIL OF THE CITY OF NATIONAL CITY
AND
THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY
COUNCIL CHAMBERS
CIVIC CENTER
1243 NATIONAL CITY BOULEVARD
NATIONAL CITY, CALIFORNIA
SPECIAL MEETING — WEDNESDAY — AUGUST 24, 2011 — 5:30 P.M.
ROLL CALL
OPEN SESSION
COMMUNITY DEVELOPMENT COMMISSION
1. Resolution of the Community Development Commission of the City of National City
adopting its Enforceable Obligations Payment Schedule pursuant to Section
34169(g) of the California Health and Safety Code. (Redevelopment/Special
Projects)
ADJOURNMENT
Next Regular City Council/CDC Meeting —Tuesday, September 6, 2011, 6:00 p.m., Council
Chambers, Civic Center
1
N
NOTICE OF SPECIAL MEETING
CITY COUNCIL OF THE CITY OF NATIONAL CITY
AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY
COUNCIL CHAMBER
CIVIC CENTER
1243 NATIONAL CITY BOULEVARD
NATIONAL CITY, CALIFORNIA
WEDNESDAY — AUGUST 24, 2011 — 5:30 P.M.
NOTICE IS HEREBY GIVEN, that the City Council of the City of National City will hold
a special meeting on Wednesday, August 24, 2011, at 5:30 p.m., or as soon thereafter as the
matter may be considered, in the Council Chamber at the Civic Center, 1243 National City
Boulevard, National City, California, 91950. The business to be transacted at said meeting will
be for the City Council to consider the following:
OPEN SESSION
COMMUNITY DEVELOPMENT COMMISSION
1. Resolution of the Community Development Commission of the City of National City
adopting its Enforceable Obligations Payment Schedule pursuant to Section
34169(g) of the California Health and Safety Code. (Redevelopment/Special
Projects)
Dated: August 23, 2011
ON MORRISON, Mayor
2
CITY OF NATIONAL CITY, CALIFORNIA
COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT
MEETING DATE: August 24, 2011
AGENDA ITEM NO.
ITEM TITLE:
A resolution of the Community Development Commission of the City of National City adopting its
Enforceable Obligations Payment Schedule..
PREPARED BY: Patricia Beard
PHONE: 4255
DEPARTMENT: R
APPROVED BY:
Special Projects
EXPLANATION:
The 2011 California Redevelopment Legislation (AB X1 26 & 27) were approved by the State
Legislature on June 15, 2011 and signed into law by the Governor on June 28, 2011. This Legislation,
which provides for the statewide dissolution of redevelopment agencies, requires all agencies, including
the CDC, to file and Enforceable Obligations Payment Schedule showing required payments through
the end of calendar year 2011. The attached Enforceable Obligations Payment Schedule was prepared
by staff in response to said requirement. I
FINANCIAL STATEMENT: APPROVED:
ACCOUNT NO. Not applicable. Multiple accounts are impacted by this matter.
ENVIRONMENTAL REVIEW: Not applicable,
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
Finance
STAFF RECOMMENDATION: Adopt the resolution
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
1. Proposed Enforceable Obligations Payment Schedule
City of National City
Enforceable Obligations Schedule
Deadline Date: August 28, 2011
Project Name/Obligation
Payee(s)
Description
Total Payment
Amount
Payment Date Thru December 31, 2011
August
September
October
November
December
1
WI-TOD (DDA for 201-unit Affordable
Transit -Oriented Housing project)
Paradise Creek Housing Partners
Pre -development loan
$ 3,741,600.00
$60,000.00
$ 60,000.00
$75,000.00
WI-TOD
Kimley-Horn
Public Works relocation
$ 61,901.50
$ 15,475.38
$15,475.38
$ 15,475.38
$ 15,475.38
$15,475.38
WI-TOD
E2 ManageTech
Remediation planning
$ 29,004.38
$ 3,000.00
$6,004,38
$ 3,000.00
$ 10,000.00
$7,000.00
WI-TOD
DTSC
Environmental oversight
$ 16,552.64
$16,552.64
WI-TOD
Opper & Varco, LLP
Environmental outside counsel
$ 5,000.00
$ 1,200.00
52,000.00
$ 1,500.00
$ 300.00
2
SR54 and National City Blvd
Infrastructure Improvements
City of National City
Off ramp and street improvements
necessary to redevelop "RCP Site" APN
#562-321-08
$ 2,500,000.00
3
Capital Improvement Projects
8th St Safe Routes to School
City of National City (Harris & Associates)
Matching funds - federal grant
$ 250,000.00
$ 13,175.69
$13,175.69
$ 13,175.69
$ 13,175.69
$13,175.69
D Ave Roundabout & Pedestrian Enhance
City of National City (Kimley-Horn)
Street improvement design
$ 202,684.50
$ 33,780.85
$33,780.85
$ 33,780.85
$ 33,780.85
$33,780.85
Coolidge Avenue Safe Routes to School
City of National City (Kimley-Horn)
Design -federal grant match
$ 184,159.00
$ 30,693.17
$30,693.17
$ 30,693.17
$ 30,693.17
$30,693.17
Las Palmas Park Facilities Plan
City of National City (Kimley-Horn)
Design - park improvements
$ 166,260.40
$ 27,770.07
$27,770.07
$ 27,770.07
$ 27,770.07
$27,770.07
Pacific Steel
GeoSyntec Consultants
Environmental engineering 1500
Cleveland Ave
$ 60,000.00
Kimball Park Improvements
City of National City (Kimley-Horn)
Park improvements - design
$ 156,998.10
$ 26,166.35
$26,166.35
$ 26,166.35
$ 26,166.35
$26,166.35
Aquatic Center
Safdie Rabines Architects
Architectural services
$ 17,616.50
$17,616.50
Aquatic Center
Project Professionals Corporation
Project Management, hid support
$ 12,000.00
$12,000.00
Aquatic Center
Port of San Diego
Rent
$ 30.00
$30.00
Aquatic Center
City of National City
Building permit
$ 12,317.35
$ 12,317.35
4
Bond Obligations
Duetsche Bank National Trust Co.
Priniciple and Interest Payments and
Disclosure
1999
$ 329,425.00
$ 164,712.00
2004
$ 491,130.00
$ 245,565.00
2005
$ 4,225,443.00
$ 2,112,721.50
2011
$ 1,055,763.00
$ 527,881.50
5
Low -Mod Housing Set -aside
City of National City
Allocation of 20% of property tax
increment to affordable housing
programs and projects
$ 2,467,834.00
$1,233,917.00
6
ABX1 27
State of California
Payment to State of California to
reinstate RDA
$ 4,869,134.00
**appeal has been filed
7
Payments to other Governments
Lower Sweetwater
County of San Diego
County of San Diego
Office of Education
Southwestern College
City of National City
National City Elementary District
Sweetwater Union District
MWD SDCWA
Fiscal agent fees
City of National City
CWA National City
Admin Fees
$ 1,433.00
$ 166,400.00
$ 763,264.00
$ 287,403.00
$ 268,708.00
$ 609,984.00
$ 70,111.00
$ 42,899.00
$ 5,837.00
$ 10,000.00
$ 1,852,145.00
$ 5,754.00
$ 154,345.52
$154,345.52
$ 154,345.52
$ 154,345.52
$154,345.52
EXHIBIT A •
City of National City
Enforceable Obligations Schedule
Deadline Date: August 28, 201 I
Project Name/Obligation
Payee(s)
Description
Total Payment
Amount
Payment Date Thru December 31, 21)11
August
September
October
November
December
8
Loan
CaIREUse
Loan for investigation of brownfield site -
835 Bay Marina Dr
$ 32,694.00
9
Property Management CDC properties
Kimball House
National City Historical Society
Annual payment per lease agreement
$ 5,000.00
$ 5,000.00
CDC properties in perpetuity
EDCO
Trash hauling all RDA owned properties
$ 1,895.00
$ 104.75
$104.75
$ 104.75
$ 104.75
5104.75
Temporary Aquatic Center
Power Plus
Rental of temporary power poles
$ 3,000.00
$ 195.00
$195.00
$ 195.00
$ 195.00
$195.00
CDC properties in perpetuity
SDG&E
Electricity & gas for RDA properties
$ 4,827.63
$ 402.30
$402.30
$ 402.30
$ 402.30
$402.30
Old Library redevelopment
Stanley Sonitrol
Fire alarm monitoring
$ 485.40
$ 242.70
CDC properties
Sweetwater Authority
Water including irrigation RDA
properties
$ 14,960.64
$ 1,250.00
$1,250.00
$ 1,250.00
$ 1,250.00
$1,250.00
Palm Plaza
National Construction Rental
Temporary fending of RDA site
$ 790.70
10
Administrative Expenses
City of National City
Staff and M & 0 admin charges
$ 1,508,878.60
County of San Diego
Environmental Oversight Remediation
and Testing for Education Village, ACE,
2501 Cleveland, 835 Bay Marina Drive
$ 182,415.00
$1,800.00
$1,800.00
GeoSyntec Consultants
$ 15,000.00
$2,000.00
$ 500.00
$ 15,000.00
$500.00
Port of San Diego
Joint Planning
$ 31,696.00
$ 31,696.00
GeoSyntec Consultants
PSI Environmental Investigation
$ 59,946.00
Project Professionals Corporation
Marina Gateway Streetscape
$ 2,500.00
$ 2,500.00
Tierra West Advisors
RDA Plan Amendment
$ 18,059.00
Best Best & Krieger, LLP
Litigation Support
$ 60,000.00
$ 10,000.00
$10,000.00
$ 10,000.00
$ 10,000.00
$10,000.00
Carolyn St Clair
Award Display Box
$ 826.55
$826.55
Federal Express
Delivery Service
$ 900.00
$ 21.00
$21.00
$ 35.00
$ 35.00
$21.00
Kane, Ballmer, & Berkman
Legal support for state actions on
Redevelopment
$ 11,248.53
$6,500.00
Keagy
Real Estate Appraisal Services for
Westside Amortization
$ 15,000.00
$ 15,000.00
PGP
$ 15,000.00
$ 15,000.00
Ken Carpenter
$ 15,000.00
5 15,000.00
Keyser Marston Associates
Economic Analysis per 33433
$ 50,000.00
Highland Park, LLC
Legal settlement, Purple Cow
$ 64,000.00
Opper & Varco, LLP
Litigation Support for Education Village
$ 5,000.00
$ 1,300.00
$2,000.00
$ 1,000.00
Christensen & Spath, LLP
Litigation Support for ARE Holdings
$ 110,400.00
$ 9,200.00
$9,200.00
$ 9,200.00
$ 9,200.00
$9,200.00
San Diego Clipping Service
Record Keeping
$ 706.50
City of San Diego
Admin services for SD Regional
Enterprise Zone
$ 51,000.00
$ 51,000.00
Union Tribune
Public Noticing
$ 10,000.00
Yolanda Teresa Lopez
Translation and Interpretation Services
$ 450.00
Total All Pages
$ 27,215,470.92
$ 3,496,473.43
$449,910.15
$ 328,594.08
$ 453,136.78
$1,640,797.08
EXHIBIT A •
RESOLUTION NO. 2011 — 187
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY ADOPTING
THE ENFORCEABLE OBLIGATION PAYMENT SCHEDULE
PURSUANT TO SECTION 34169 (g) OF THE CALIFORNIA
HEALTH AND SAFETY CODE
WHEREAS, the Community Development Commission of the City of National City
("CDC") is a public body, corporate, politic, formed, organized, and exercising its powers and
existing pursuant to the California Community Redevelopment Law, Health and Safety Code
Section 33000, et seq., (the "CRL"), and specifically formed by the City Council of the City of
National City; and
WHEREAS, continued redevelopment to eliminate blight, improve public facilities
and infrastructure, renovate and construct affordable housing, and enter into partnerships with
private industries to create jobs and expand the local economy is vital to the health, safety and
welfare of the City; and
WHEREAS, Parts 1.8, 1.85 and 1.9 of Division 24 of the CRL were added by
Assembly Bill x1 26 and Assembly Bill x1 27 (together the "2011 Redevelopment Legislation"),
which laws purported to become effective immediately; and
WHEREAS, the 2011 Redevelopment Legislation is a part of multiple trailer bills to
the Fiscal Year 2011-2012 California budget bills that were approved by both houses of the State
Legislature on June 15, 2011, and signed by the Governor on June 28, 2011; and
WHEREAS, part 1.85 of the CRL (the "Dissolution Act") added by the 2011
Redevelopment Legislation ("Part 1.85") provides for the statewide dissolution of all redevelopment
agencies, including the CDC (but not dissolution of the housing authority thereof), as of October 1,
2011, and provides that, thereafter, a successor agency will administer the enforceable obligations
of the redevelopment agency of the CDC and otherwise wind up the CDC's affairs, all subject to
the review and approval of an oversight committee; and
WHEREAS, Part 1.8 of the CRL added by the Redevelopment Legislation ("Part
1.8") provides for the restriction of activities and authority of the CDC in the interim period prior to
dissolution to certain "enforceable obligations" and to actions required for the general winding up of
affairs, preservation of assets, and certain other goals delineated in Part 1.8; and
WHEREAS, as part of this wind up process, all redevelopment agencies are
required to file a schedule of those "enforceable obligations" that require payments to be made
through the end of the calendar year 2011 ("Enforceable Obligations Payment Schedule"); and
WHEREAS, the dissolution of the CDC would be detrimental to the health, safety
and economic well-being of the residents of the City, and would cause irreparable harm to the
community because, among other reasons, the redevelopment activities and projects made
possible, implemented and funded by the CDC are highly significant and of enduring benefit to the
community and the City and are a critical component of the City's future; and
WHEREAS, Part 1.9 of Division 24 of the CRL added by the 2011 Redevelopment
Legislation ("Part 1.9") provides that a redevelopment agency may continue in operation if a city or
county that includes a redevelopment agency adopts an ordinance agreeing to comply with and
participate in the Alternative Voluntary Redevelopment Program established in Part 1.9; and
Resolution No. 2011-187
August 24, 2011
Page Two
WHEREAS, pursuant to Part 1.9, Parts 1.8 and 1.85 of Division 24 of the CRL,
which include the Enforceable Obligations Payment Schedule requirement, will not apply to the
CDC if the City enacts the ordinance to participate in the Alternative Voluntary Redevelopment
Program, which allows a community's redevelopment agency to continue operating, without the
constraints of California Health and Safety Code Section 34161, et seq.,; and
WHEREAS, on August 2, 2011, the City Council of the City of National City adopted
Ordinance No. 2011-2365 (the "Ordinance") authorizing the City to participate in the Alternative
Voluntary Redevelopment Program in order to allow the CDC to continue in operation and performing
its functions; and
WHEREAS, on July 18, 2011, the California Redevelopment Association, League of
California Cities, City of Union City, City of San Jose, and John F. Shirey filed a petition for Writ of
Mandate; Application for Temporary Stay, and supporting memorandum and declarations with the
Supreme Court of the State of California (the "Petition"); and
WHEREAS, on August 11, 2011, the California Supreme Court agreed to review the
Petition challenging the constitutionality of the 2011 Redevelopment Legislation and ordered a stay
(the "Supreme Court Stay") relative to specified portions of the2011 Redevelopment Legislation;
and
WHEREAS, on August 17, 2011, the California Supreme Court revised the Supreme
Court Stay; and
WHEREAS, the Supreme Court Stay postponed certain provisions of the 2011
Redevelopment Legislation indefinitely, but left in place provisions prohibiting redevelopment
agencies from making any payments after the date that is sixty (60) days from the effective date of
the Dissolution Act, other than debt service payments and payments listed on an adopted
Enforceable Obligation Payment Schedule; and
WHEREAS, subject to the contingencies and reservations set forth herein, the CDC
nevertheless desires to adopt an Enforceable Obligations Payment Schedule, and to amend it from
time to time as necessary; and
WHEREAS, the CDC, by adoption of this Resolution, does not represent, disclaim,
or take any position whatsoever on the issue of the validity of the 2011 Redevelopment Legislation,
but rather the CDC seeks to comply with the Constitution and the laws of the State of California,
including the 2011 Redevelopment Legislation, in order to preserve the ability of the CDC to
continue to operate and perform its obligations and thereby benefit the community; and
NOW, THEREFORE, BE IT RESOLVED by the Community Development
Commission of the City of National City as follows:
Section 1.
The foregoing Recitals are true and correct, and incorporated into this
Resolution by this reference, and constitute a material part of this
Resolution.
Resolution No. 2011-187
August 24, 2011
Page Three
Section 2.
Section 3.
Section 4.
Section 5.
Pursuant to California Health and Safety Code Section 34169, the CDC
hereby adopts the Enforceable Obligations Payment Schedule attached
hereto as Exhibit "A". The attached Enforceable Obligations Payment
Schedule is that "Enforceable Obligations Payment Schedule" referred to in
Health and Safety Code Section 34169(g) and shall be interpreted and
applied in all respects in accordance with such section and the California
Redevelopment Law, to the fullest extent permitted by law. However, the
Enforceable Obligations Payment Schedule shall only be applicable to and
binding on the CDC to the extent that Part 1.8 of the 2011 Redevelopment
Legislation is applicable to the CDC. To the extent that Part 1.8 is not
applicable to the CDC, whether because of the City's enactment of the
Ordinance or for any other reason, the Enforceable Obligations Payment
Schedule shall not be binding on or control the CDC's payments on or
performance of its obligations.
The Executive Director, or designee, is hereby authorized and directed to: (i)
post the Enforceable Obligations Payment Schedule on the City's website; (ii)
notify the County Auditor -Controller, the State Controller and the State
Department of Finance concerning this Resolution, in accordance with the
applicable provisions of the California Community Redevelopment Law; and
(iii) take such other actions and execute such other documents as are
necessary to effectuate the intent of this Resolution and to implement the
Enforceable Obligation Payment Schedule on behalf of the CDC.
The Executive Director of the CDC is hereby authorized and directed to
evaluate potential amendments to the Enforceable Obligations Payment
Schedule from time to time as may be appropriate, and to recommend to the
Board of the CDC the adoption of those amendments necessary for the
continued payment on and performance of enforceable obligations.
This Resolution shall in no way be construed as requiring the City to abide
by the 2011 Redevelopment Legislation in the event either, or both, bills are
found unconstitutional or otherwise legally invalid in whole or in part, nor
shall this Resolution effect or give rise to any waiver of right or remedies the
City may have, whether in law or in equity, to challenge the 2011
Redevelopment Legislation. This Resolution shall not be construed as the
City's willing acceptance of, or concurrence with the 2011 Redevelopment
Legislation, either ABx1 26 or ABx1 27; nor does this Resolution evidence
any assertion or belief whatsoever on the part of the City that the 2011
Redevelopment Legislation is/are constitutional or lawful.
Section 6. The City Clerk shall certify to the adoption of this Resolution, which shall
take effect upon the date of its adoption.
--- Signature Page to Follow ---
Resolution No. 2011-187
August 24, 2011
Page Four
PASSED and ADOPTED this 24th day of August, 2011.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Claudia G. Silva
City Attorney