HomeMy WebLinkAbout2012 01-31 CC HA CDC ADJ AGENDA PKTAgenda Of An Adjourned Regular Meeting — National City City Council /
Community Development Commission of the City of National City/ Housing
Authority of the City of National City
Council Chambers
Civic Center
1243 National City Boulevard
National City, California
Regular Meeting — Tuesday — January 31, 2012 — 6:00 P.M.
Open To The Public
Please complete a request to speak form prior to the commencement of the meeting and submit it to
the City Clerk.
It is the intention of your City Council and Community Development Commission (CDC) to be receptive
to your concerns in this community. Your participation in local government will assure a responsible and
efficient City of National City. We invite you to bring to the attention of the City Manager/Executive
Director any matter that you desire the City Council or Community Development Commission Board to
consider. We thank you for your presence and wish you to know that we appreciate your involvement.
ROLL CALL
Pledge of Allegiance to the Flag by Mayor Ron Morrison
Public Oral Communications (Three -Minute Time Limit)
NOTE: Pursuant to state law, items requiring Council or Community Development Commission action must be
brought back on a subsequent Council or Community Development Commission Agenda unless they are of a
demonstrated emergency or urgent nature.
Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in
compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to
request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable
the City to make reasonable arrangements to ensure accessibility to this meeting.
Spanish audio interpretation is provided during Council and Community Development Commission Meetings. Audio
headphones are available in the lobby at the beginning of the meetings.
Audio interpretation en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos
estan disponibles en el pasillo al principio de la junta.
Council Requests That All Cell Phones
And Pagers Be Turned Off During City Council Meetings
COPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES
MAY BE OBTAINED THROUGH OUR WEBSITE AT www:nationalcitvca.mov
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION/
HOUSING AUTHORITY AGENDA
01/31/12 — Page - 2
CITY COUNCIL
CONSENT CALENDAR
Consent Calendar: Consent calendar items involve matters, which are of a routine
or noncontroversial nature. All consent calendar items are adopted by approval of a
single motion by the City Council. Prior to such approval, any item may be removed
from the consent portion of the agenda and separately considered, upon request of
a Councilmember, a staff member, or a member of the public.
1. Resolution of the City Council of the City of National City authorizing the Mayor
to execute the First Amendment to the Agreement between the City of National
City, the Community Development Commission of the City of National City, and
Mazzarella Lorenzana, LLP, to increase the not -to -exceed amount by $200,000
for a total not -to -exceed of $250,000. (City Attorney) **Companion Item #3**
NEW BUSINESS
2. Temporary Use Permit — Continued item from Council Meeting of 1/24/12:
Circus Event hosted by American Crown Circus on February 24th thru 27th,
2012 from 6:00 pm to 9:30 pm with no waiver of fees. (Neighborhood Services)
COMMUNITY DEVELOPMENT COMMISSION
CONSENT CALENDAR
3. Resolution of the Community Development Commission of the City of National
City authorizing the Chairman to execute the First Amendment to the
Agreement by land between the City of National City, the Community
Development Commission of the City of National City, and Mazzarella
Lorenzana, LLP to increase the not -to -exceed amount by $200,000 for a total
not -to -exceed $250,000. (City Attorney). **Companion Item #1**
4.. Resolution of the Community Development Commission of. the City of. National
City correcting the fund number from Tax Allocation Bond Fund (Fund 524) to
Tax Allocation Bond Fund (Housing) (Fund 525) in the amount of $61,901.50 for
design services by Kimley-Horn & Associates, Inc. for the relocation of Public
Works. (Funded by Low/Mod Fund) (Engineering)
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION/
HOUSING AUTHORITY AGENDA
01/31/12 — Page - 3
CONSENT CALENDAR (Cont.)
5. Resolution of the Community Development Commission of the City of National
City authorizing the closure of various Capital Improvement Project accounts
and releasing appropriations in the amount of $1,799,113.98 and transferring of
said funds to fulfill existing enforceable obligations for 8th Street Corridor Smart
Growth Revitalization/Safe Routes to School Project in the amount of
$1,200,000 and Coolidge Avenue Community corridor / Safe Routes to School
Project in the amount of $450,000 and $149,113.98 into the EOPS Obligation
Account, which are identified in the Enforceable Obligation Payment Schedule
(EOPS) (Engineering)
Resolution of the Community Development Commission of the City of National
City adopting the January 31, 2012 Amended Enforceable Obligations Payment
Schedule for the time period of January 1, 2012 through June 30, 2012.
(Redevelopment/Special Projects)
7. Resolution of the Community Development .Commission of the City of National
City adopting the January 31, 2012 amended Draft Initial Recognized
Obligations Payment Schedule. (Redevelopment/Special Projects)
8. Resolution of the Community Development Commission of the City of National
City approving the appropriation in the amount of $1,474,000.61 from un-
appropriated fund balance to pay enforceable obligations as listed on the
Enforceable Obligation Payment Schedule (EOPS). (Engineering)
NEW BUSINESS
STAFF REPORTS
MAYOR AND CITY COUNCIL
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION/
HOUSING AUTHORITY AGENDA
01/31/12 — Page - 4
ADJOURNMENT
Adjourned Regular City Council Meeting — City Council Community Planning
& Fiscal Year 2011-12 Mid -Year Budget Workshop — Saturday, February 4,
2012 — 9:00 a.m. — City Council Chambers — 1243 National City Blvd.,
National City, California
Regular City Council and Community Development Commission Meeting —
Tuesday — February 7, 2012 — 6:00 p.m. — Council Chambers — National City,
California
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
""°STING DATE: January 31, 2012 AGENDA ITEM NO. 1
ITEM TITLE:
Resolution of the City Council of the City of National City authorizing the Mayor to execute the First
Amendment to Agreement between the City of National City, the Community Development
Commission of the City of National City, and Mazzarella Lorenzana, LLP, to increase the not -to -
exceed amount by $200,000, for a total not -to -exceed of $250,000
PREPARED BY: Claudia Gacitua Silva DEPARTMENT:
PHONE:
EXPLANATION:
Ext. 4222
APPROVED BY:
ity Attorney
The City, the CDC, and the law firm of Mazzarella Lorenzana, LLP (the "Firm") entered into a agre- ent,
effective November 21, 2011, wherein the Firm agreed to provide legal services to pursue indemnity claims and
other theories of recovery to minimize or eliminate the pending liability of approximately two -million dollars
($2,000,000) in the case entitled Community Youth Athletic Association v. CDC, et al. (SDSC Case No. 37-2007-
00076404-CU-EI-CTL), in the amount of $50,000, and subject to the terms of that agreement (the "Agreement").
The estimated cost of pursuing the case through trial is $250,000. This estimated cost amounts to less than ten
percent (10%) of the total potential liability, which consists of the pending $2,000,000 liability, currently on appeal,
the litigation costs already incurred and continuing in that other suit, and the potential interest on that award. The
CDC has an obligation under ABx1 26 to minimize liabilities, and the pursuit of indemnity claims is consistent with
and in furtherance of that obligation. The underlying suit was based on and related to the adoption of a
:development plan amendment to allow the CDC to continue exercising its redevelopment functions, including
<tension of the eminent domain authority conferred upon redevelopment agencies.
FINANCIAL STATEMENT: APPROVED:
ACCOUNT NO. 511-403-081-432-000 APPROVED: MIS
Tax Increment Fund/Risk Management/Liability Claim Cost
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
Finance
STAFF RECOMMENDATION:
Adopt resolution.
BOARD / COMMISSION RECOMMENDATION:
N/A
1TTACHMENTS:
First Amendment to Agreement
Proposed resolution
FIRST AMENDMENT TO AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY,
THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY
AND
MAZZARELLA LORENZANA, LLP
This Amendment to Agreement is entered into this 31st day of January, 2012, by
and between THE CITY OF NATIONAL CITY, a municipal corporation, (the "CITY"),
THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL
CITY, a public body, corporate and politic, (the "CDC"), and MAZZARELLA
LORENZANA, LLP, (the "FIRM").
RECITALS
A. The CITY, the CDC and the FIRM (the "Parties") entered into an
agreement, effective November 21, 2011, wherein the FIRM agreed to
provide legal services to pursue indemnity claims and other theories of
recovery to minimize or eliminate the pending liability of approximately
two -million dollars ($2,000,000) in the case entitled Community Youth
Athletic Association v. CDC, et al. (SDSC Case No. 37-2007-00076404-
CU-EI-CTL), in the amount of $50,000, and subject to the terms of that
agreement (the "Agreement").
B. The estimated cost of pursuing the case through trial is $250,000. This
estimated cost amounts to less than ten percent (10%) of the total potential
liability, which consists of the pending $2,000,000 liability, currently on
appeal, the litigation costs already incurred and continuing in that other suit,
and the potential interest on that award. The CDC has an obligation under
ABx1 26 to minimize liabilities, and the pursuit of indemnity claims is
consistent with and in furtherance of that obligation. The underlying suit
was based on and all related to the adoption of a redevelopment plan
amendment to allow the CDC to continue exercising its redevelopment
functions, including extension of the eminent domain authority conferred
upon redevelopment agencies.
C. The Parties desire to amend the Agreement to increase the not -to -exceed
amount of the Agreement by $200,000.
NOW, THEREFORE, the parties hereto agree the Agreement, shall be amended by
amending Article 4, Section B of the Agreement by increasing the not -to -exceed amount
by $200,000, for a total not -to -exceed amount of $250,000.
The parties further agree that with the foregoing exception, each and every term
and provision of the Agreement, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to
the Agreement on the date and year first above written.
COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF
NATIONAL CITY
By:
Ron Morrison, Chairman
MAZZARELLA LORENZANA, LLP
By:
Mark Mazzarella, Esq.
By:
APPROVED AS TO FORM: Luis Lorenzana, Esq.
By:
Claudia G. Silva
CDC General Counsel
CITY OF NATIONAL CITY
By:
Ron Morrison, Mayor
APPROVED AS TO FORM:
By:
Claudia G. Silva
City Attorney
First Amendment to Agreement - 2 - Mazzarella Lorenzana, LLP
and City of National City
RESOLUTION NO. 2012—
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT
TO AGREEMENT FOR LEGAL SERVICES BY AND BETWEEN
THE CITY OF NATIONAL CITY, THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL CITY, AND MAZZARELLA
LORENZANA, LLP, FOR THE NOT -TO -EXCEED AMOUNT OF $200,000,
FOR A TOTAL NOT -TO -EXCEED AMOUNT OF $250,000
WHEREAS, the City of National City ('City'), the Community Development
Commission of the City of National City ('CDC'), and the law firm of Mazzarella Lorenzana, LLP
(the"Firrri) entered into an agreement for legal services, effective November 21, 2011, wherein
the Firm agreed to provide legal services to pursue indemnity claims and other theories of
recovery to minimize or eliminate the pending liability of approximately two -million dollars
($2,000,000) in the case entitled Community Youth Athletic Association v. CDC, et al. (SDSC
Case No. 37-2007-00076404-CU-EI-CTL), in the amount of $50,000, and subject to the terms of
that agreement (the"Agreement'); and
WHEREAS, the estimated cost of pursuing the case through trial is $250,000.
This estimated cost amounts to less than ten percent (10%) of the total potential liability, which
consists of the pending $2,000,000 liability, currently on appeal, the litigation costs already
incurred and continuing in that other suit, and the potential interest on that award; and
WHEREAS, the CDC has an obligation under ABx1 26 to minimize liabilities, and
the pursuit of indemnity claims is consistent with and in furtherance of that obligation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute the First Amendment to Agreement by
and between the City of National City, the Community Development Commission of the City of
National City, and Mazzarella Lorenzana, LLP, for the not -to -exceed amount of $200,000 to
provided legal services to minimize an existing liability of the Community Development
Commission of the City of National City by pursuing indemnity claims, for a total not -to -exceed
amount of $250,000. Said First Amendment to Agreement is on file in the office of the City
Clerk.
PASSED and ADOPTED this 31st day of January, 2012.
Ron Morrison, Mayor
ATTEST: APPROVED AS TO FORM:
Michael R. Dalia, City Clerk Claudia Gacitua Silva
City Attorney
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
"cETING DATE: January 31, 2012
AGENDA ITEM NO. 2
ITEM TITLE:
TEMPORARY USE PERMIT —Continued Item: Circus Event hosted by American Crown Circus on
February 24th thru 27th, 2012 from 6:00 pm to 9:30 pm with no waiver of fees.
PREPARED BY: Vianey Rolon
PHONE: (619) 336-4364,
EXPLANATION:
DEPARTMENT: Neighb• oo�� ervices Division
APPROVED BY:
This is a request from the American Crown Circus to conduct a Circus Event at Kimball Park from
February 24th thru 27th, 2012 from 6:00pm to 9:30pm daily.
The circus is a one ring European style acrobatic show that consists of jugglers, comedic performers,
acrobats and magicians. No exotic animals, rides or games of chance. The duration of each show is
1 hr. 1/2 per show.
The applicant has hired private security for the circus event which will have (2) two guard patrols for the
safety of their patrons.
FINANCIAL STATEMENT: APPROVED:
ACCOUNT NO. APPROVED: MIS
The City has incurred $237.00 for processing the TUP, plus $600.00 for the Fire Permits and
$1,557.84 for Police Department.
Total Fees are $2394.84
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
Finance
STAFF RECOMMENDATION:
Approve the Application for a Temporary Use Permit subject to compliance with all conditions of
approval. Staff doesn't recommend waiver of fees.
BOARD / COMMISSION RECOMMENDATION:
N//
TTACHMENTS:
application for a Temporary Use Permit with recommended approvals and conditions of approval.
CITY OF NATIONAL CITY
NEIGHBORHOOD SERVICES DIVISION
APPLICATION FOR A TEMPORARY USE PERMIT
RECOMMENDATIONS AND CONDITIONS
SPONSORING ORGANIZATION: AMERICAN CROWN CIRCUS
EVENT: AMERICAN CROWN CIRCUS
DATE OF EVENT: February 24-27, 2012
TIME OF EVENT: 6PM TO 9:30PM
APPROVALS:
DEVELOPMENT SERVICES YES [ x ] NO [
RISK MANAGER YES [ x ] NO [
PUBLIC WORKS YES [ x ] NO [
FINANCE YES [ x ] NO [
FIRE YES [ x ] NO [
COMMUNITY SERVICES YES [ x ] NO [
POLICE YES [ x ] NO [
CITY ATTORNEY YES [ x ] NO [
SEE CONDITIONS [ x ]
SEE CONDITIONS [ x ]
SEE CONDITIONS [ x ]
SEE CONDITIONS [ x ]
SEE CONDITIONS [ x ]
SEE CONDITIONS [ x ]
SEE CONDITIONS [ x ]
SEE CONDITIONS [ x
CONDITIONS OF APPROVAL:
DEVELOPMENT SERVICES (619) 336-4318
ENGINEERING
The TUP needs to specify the anticipated attendance so we can
determine parking needs. I have concerns parking will be an issue.
PLANNING
All lighting and amplification equipment shall be oriented away from
residential uses
BUILDING
Building has no comments
RISK MANAGER (619) 336-4370
Risk Management has been in contact with the applicant's insurance provider to
increase the insurance amount.
PUBLIC WORKS (619)366-4580
Public Works has no involvement in this event. However, Miguel Diaz, Parks
Superintendent, has some concerns regarding the anchoring of the tent due to
underground utilities and irrigation lines.
FINANCE
Applicant must apply for a business license.
COMMUNITY SERVICES
Community Services has no comments/stipulations.
POLICE
I have reviewed the Temporary Use Permit (TUP) for the American Crown
Circus. The event is scheduled to take place on February 24-27, 2012. Per the
TUP, the event will take place in Kimball Park. The event takes place in the
evening hours, 1800 to 2130 hours.
This is not a fund raising or non-profit event. This is a for profit event with
tickets costing $16-$20 for adults with 2-3 children free with a paying adult. This
is a European type circus with performing acts, but no live animals. The
organizers estimate approximately 150-200 spectators. They list that they will
hire private security for the event, Legacy Protective Services. Due to the
amount of expected spectators, the potentially unknown problems with the event,
thepotential of unwelcomed gang members or other criminal individuals and the
location of the event on City property (Kimball Park), I believe it is prudent to
require two NCPD officers be present during the event for public safety reasons.
The event does not block any city streets and should have a minimal impact on
traffic flow so the officers should not be needed for traffic control.
The Patrol squads will be alerted to extra patrol the area on the day of the
event.
Based upon my review of the TUP, two (2) NCPD police officers will be
required at the event, each night, from 1745 to 2145 hours. The overtime costs
for two police officers, each night, is as follows:
OT Rate = $58.38 + OT workers comp/medicare benefits 11.18% = $64.91/hour
2 officers at 4.0 hours each for three nights = 24 hours
Total cost = $1557.84.
-Dan Fabinski, Sergeant
CITY ATTORNEY ,
Requires an indemnification and hold harmless agreement, and a policy of
general liability insurance, with the City and its officials, employees, agents and
volunteers as additional insureds, with amounts of coverage to be determined by
the Risk Manager,
FIRE
Stipulations required by the Fire Department for this event are as follows:
1) Access to the Circus Vargas to be maintained at all times
2) Fire Department access into and through the circus areas are to be maintained at all
times. Fire apparatus access roads shall have an unobstructed width of not less than 20
feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. National
City Public works shall paint out the fire lane just north of the circus tent
3) Exit signs shall be provided at all required exits. Exit signs shall be green in color
(National City Municipal Code) and either self illuminating or electrical with a 90 minute
back-up power
4) Fire Hydrants shall not be blocked or obstructed
5) Participants on foot are to move immediately to the sidewalk or away from tent upon
approach of emergency vehicle(s)
6) Vehicles in roadway are to move immediately to the right upon approach of emergency
vehicle(s)
7) If tents or canopies are used, tents having an area in excess of 200 square feet and
or canopies in excess of 400 square feet or multiple tents and or canopies placed
together equaling or greater than the above stated areas, are to be used, they shall.
be flame-retardant treated with an approved State Fire Marshal seal attached. A
ten feet separation distance must be maintained between tents and canopies. A
permit from the Fire Department must be obtained. Cooking shall not be permitted
under tents or canopies unless the tents or canopies meet "State Fire
Marshal approval for cooking. Fees can only be waived by the City Council
Canopies:
0 — 400 sf - $0
401 — 500 sf - $250.00
501 — 600 sf - $300.00
601 — 700 sf - $400.00
Tents:
0 —200 sf - $200.00
201 — (+) sf - $400.00
8) Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on
two sides and shall not be located within 10 feet of amusement rides or devices
9) All cooking booths or areas to have one 2A:10BC. If grease or oil is used in cooking a
40:BC or class "K" fire extinguisher will be required. All fire extinguishers to have a
current State Fire Marshal Tag attached
10) Fire extinguishers to be mounted in a visible location between 3110 5' from the floor to
the top of the extinguisher. Maximum travel distance from an extinguisher shall not be
more than 75 feet travel distance. All fire extinguisher to have a current State Fire
Marshal Tag attached
11) Emergency generators and standby power systems shall be installed, tested, and
maintained in accordance with NFPA 110 and NFPA 101, Standard for Emergency and
Standby Power Systems
12) A fire safety inspection is to be conducted by the Fire Department prior to operations of
the carnival to include all rides, cooking areas, game booths, etc.
Required inspections taking place, after hours, holidays, and weekends will be assessed
a minimum of two hundred ($200.00) dollars. Fee is to be paid to the Fire Department
Administration offices under separate permit. Fee is to be paid prior to event
13) No smoking signs to be posted
14) Any electrical power used is to be properly grounded and approved. Extension cords
shall be used as `Temporary Wiring" only
15) Fees can only be waived by City Council
If you have any questions please feel free to contact me
CITY OF NATIONAL CITY, CALIFORNIA
COMMUNITY DEVELOPMENT COMMISSION
AGENDA STATEMENT
iETING DATE: January 31, 2012 AGENDA ITEM NO. 3
ITEM TITLE: Resolution of the Community Development Commission of the City of National City
authorizing the Chairman to execute the First Amendment to Agreement by and between the City of
National City, the Community Development Commission of the City of National City, and Mazzarella
Lorenzana, LLP, to increase the not -to -exceed amount by $200,000, for a total not -to -exceed of
$250,000
PREPARED BY: Claudia Gacitua Silva
PHONE: Ext. 4222
DEPARTMENT: C // •rn-
ik
EA
EXPLANATION: Iff
The City, the CDC, and the law firm of Mazzarella Lorenzana, LLP (the "Firm") entered into an . ment,
effective November 21, 2011, wherein the Firm agreed to provide legal services to pursue indem claims and
other theories of recovery to minimize or eliminate the pending liability of approximately two -million dollars
($2,000,000) in the case entitled Community Youth Athletic Association v. CDC, et al. (SDSC Case No. 37-2007-
00076404-CU-EI-CTL), in the amount of $50,000, and subject to the terms of that agreement (the "Agreement").
The estimated cost of pursuing the case through trial is $250,000. This estimated cost amounts to less than ten
percent (10%) of the total potential liability, which consists of the pending $2,000,000 liability, currently on appeal,
the litigation costs already incurred and continuing in that other suit, and the potential interest on that award. The
CDC has an obligation under ABx1 26 to minimize liabilities, and the pursuit of indemnity claims is consistent with
and in furtherance of that obligation. The underlying suit was based on and related to the adoption of a
development plan amendment to allow the CDC to continue exercising its redevelopment functions, including
cxtension of the eminent domain authority conferred upon redevelopment agencies.
APPROVED BY:
FINANCIAL STATEMENT:
ACCOUNT NO.
511-403-081-432-000
Tax Increment Fund/Risk Management/Liability Claim Cost
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adopt resolution.
BOARD / COMMISSION RECOMMENDATION:
N/A
,TTACHMENTS:
First Amendment to Agreement
Proposed resolution
RESOLUTION NO. 2012 —
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN
TO EXECUTE THE FIRST AMENDMENT TO AGREEMENT
FOR LEGAL SERVICES BY AND BETWEEN
THE CITY OF NATIONAL CITY, THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL CITY, AND MAZZARELLA
LORENZANA, LLP, FOR THE NOT -TO -EXCEED AMOUNT OF $200,000,
FOR A TOTAL NOT -TO -EXCEED AMOUNT OF $250,000
WHEREAS, the City of National City ("City"), the Community Development
Commission of the City of National City ("CDC"), and the law firm of Mazzarella Lorenzana, LLP
(the "Firm") entered into an agreement for legal services, effective November 21, 2011, wherein
the Firm agreed to provide legal services to pursue indemnity claims and other theories of
recovery to minimize or eliminate the pending liability of approximately two -million dollars
($2,000,000) in the case entitled Community Youth Athletic Association v. CDC, et al. (SDSC
Case No. 37-2007-00076404-CU-EI-CTL), in the amount of $50,000, and subject to the terms of
that agreement (the "Agreement"); and
WHEREAS, the estimated cost of pursuing the case through trial is $250,000.
This estimated cost amounts to less than ten percent (10%) of the total potential liability, which
consists of the pending $2,000,000 liability, currently on appeal, the litigation costs already
incurred and continuing in that other suit, and the potential interest on that award; and
WHEREAS, the CDC has an obligation under ABx1 26 to minimize liabilities, and
the pursuit of indemnity claims is consistent with and in furtherance of that obligation.
NOW, THEREFORE, BE IT RESOLVED that the Community Development
Commission of the City of National City hereby authorizes the Chairman to execute the First
Amendment to Agreement by and between the City of National City, the Community
Development Commission of the City of National City, and Mazzarella Lorenzana, LLP, for the
not -to -exceed amount of $200,000 to provided legal services to minimize an existing liability of
the Community Development Commission of the City of National City by pursuing indemnity
claims, for a total not -to -exceed amount of $250,000. Said First Amendment to Agreement is on
file in the office of the City Clerk.
PASSED and ADOPTED this 31 st day of January, 2012.
Ron Morrison, Chairman
ATTEST: APPROVED AS TO FORM:
Brad Raulston, Secretary Claudia Gacitua Silva
CDC General Counsel
FIRST AMENDMENT TO AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY,
THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY
AND
MAZZARELLA LORENZANA, LLP
This Amendment to Agreement is entered into this 31st day of January, 2012, by
and between THE CITY OF NATIONAL CITY, a municipal corporation, (the "CITY"),
THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL
CITY, a public body, corporate and politic, (the "CDC"), and MAZZARELLA
LORENZANA, LLP, (the "FIRM").
RECITALS
A. The CITY, the CDC and the FIRM (the "Parties") entered into an
agreement, effective November 21, 2011, wherein the FIRM agreed to
provide legal services to pursue indemnity claims and other theories of
recovery to minimize or eliminate the pending liability of approximately
two -million dollars ($2,000,000) in the case entitled Community Youth
Athletic Association v. CDC, et al. (SDSC Case No. 37-2007-00076404-
CU-EI-CTL), in the amount of $50,000, and subject to the terms of that
agreement (the "Agreement").
B. The estimated cost of pursuing the case through trial is $250,000. This
estimated cost amounts to less than ten percent (10%) of the total potential
liability, which consists of the pending $2,000,000 liability, currently on
appeal, the litigation costs already incurred and continuing in that other suit,
and the potential interest on that award. The CDC has an obligation under
ABx1 26 to minimize liabilities, and the pursuit of indemnity claims is
consistent with and in furtherance of that obligation. The underlying suit
was based on and all related to the adoption of a redevelopment plan
amendment to allow the CDC to continue exercising its redevelopment
functions, including extension of the eminent domain authority conferred
upon redevelopment agencies.
C. The Parties desire to amend the Agreement to increase the not -to -exceed
amount of the Agreement by $200,000.
NOW, THEREFORE, the parties hereto agree the Agreement, shall be amended by
amending Article 4, Section B of the Agreement by increasing the not -to -exceed amount
by $200,000, for a total not -to -exceed amount of $250,000.
The parties further agree that with the foregoing exception, each and every term
and provision of the Agreement, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to
the Agreement on the date and year first above written.
COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF
NATIONAL CITY
By:
Ron Morrison, Chairman
MAZZARELLA LORENZANA, LLP
By:
Mark Mazzarella, Esq.
By:
APPROVED AS TO FORM: Luis Lorenzana, Esq.
By:
Claudia G. Silva
CDC General Counsel
CITY OF NATIONAL CITY
By:
Ron Morrison, Mayor
APPROVED AS TO FORM:
By:
Claudia G. Silva
City Attorney
First Amendment to Agreement - 2 - Mazzarella Lorenzana, LLP
and City of National City
COMMUNITY DEVELOPMENT COMMISSION
AGENDA STATEMENT
National City, California
MEETING DATE January 31, 2012
AGENDA ITEM NO.
4
ITEM TITLE Resolution of the Community Development Commission of the City of National City
correcting the fund account number from Tax Allocation Bond Fund (Fund 524) to Tax Allocation Bond
Fund (Housing) (Fund 525) in the amount of $61,901.50 for Design Services by Kimley-Hom & Associates,
Inc. for the Relocation of Public Works. (Funded by Low/Mod fund)
PREPARED BY Lynn Cole DEPARTMENT Engineering EXT. 4318
EXPLANATION
This Resolution will correct the fund account number from the Tax Allocation Bond Fund (Fund 524) to the
Tax Allocation Bond Fund (Housing) (Fund 525) which was incorrectly used as the source to appropriate
funds from to the Low/Mod (Fund 522) Account. The City currently has an agreement with Kimley-Horn
and Associates, Inc, consistent with and pursuant to Cooperation Agreements between the City and CDC to
carry out various projects, to provide design services for those various capital improvement projects, which
includes design for relocation of Public Works, in the amount of $61,901.50.
Fund 525 was originally designated as the Fund Account, but those funds have been obligated under the
Disposition and Development Agreement (DDA) with Paradise Creek Housing Partners LP. The DDA was
entered into June 21, 2011, and obligated Low -Mod funds and included the relocation of Public Works.
Fund 522 is the appropriate fund to use, consistent with the obligations in the DDA.
J
Environmental Review X N/A
MIS Approval
Financial Statement
Approved By:
Finance Director
Funds are available in Fund 522 (Low/Mod) to establish an appropriation of $61,901.50 to fund e design work for the
relocation of Public Works, as part of the Agreement with consultant Kimley-Horn.
Account No.
STAFF RECOMMENDATION
Adopt the Resolution.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS (Listed Below) Resolution No.
Resolution
RESOLUTION NO. 2012 —
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHANGE IN
THE APPROPRIATION OF FUNDS IN THE AMOUNT OF $61,901.50,
APPROPRIATED BY CITY COUNCIL RESOLUTION NO. 2011-173,
FROM THE TAX ALLOCATION BOND — HOUSING FUND (FUND 525)
TO THE LOW/MOD FUND (FUND 522) FOR DESIGN SERVICES
BY KIMLEY-HORN & ASSOCIATES, INC.,
FOR THE RELOCATION OF PUBLIC WORKS
WHEREAS, on June 21, 2011, the Community Development Commission of the
City of National City ("CDC") adopted Resolution No. 2011-136, approving the Disposition and
Development Agreement ("DDA") with Paradise Creek Housing Partners, LP, wherein
$14,957,000 from the 2011 Tax Allocation Bond — Housing Fund (Fund 524) was obligated for
the Westside Infill Transit -Oriented Development ("WI-TOD") Project; and
WHEREAS, as part of that DDA, low/mod funds were also obligated for the
project; and
WHEREAS, on August 2, 2011, the City Council adopted Resolution No. 2011-
173, approving an agreement with Kimley-Horn & Associates, Inc., where a line item was
approved to fund the design of the relocation of Public Works for $61,901.50, also utilizing 2011
Tax Allocation Bond — Housing Fund (Fund 525); and
WHEREAS, the City and CDC have a Cooperation Agreement between them,
obligating the City to carryout the project, and consistent with and pursuant to that Cooperation
Agreement, the City contracted with Kimley-Horm and Associates, Inc.; and
WHEREAS, the amount budgeted in Fund 525 for the Capital Improvement
Program was $15,000,000, but additional funds from Fund 522 (Low/Mod Fund) are needed for
the design of the relocation of Public Works, as part of the WI-TOD project by Kimley-Horn &
Associates, Inc.; and
WHEREAS, the Low/Mod Fund (Fund 522) is an appropriate fund to pay for the
public works relocation design work consistent with the obligations in the DDA; and
NOW, THEREFORE, BE IT RESOLVED, that the Community Development
Commission of the City of National City hereby authorizes the change the appropriation of the
$61,901.50 to fund the Agreement with Kimley-Horn & Associates, Inc., from the 2011 Tax
Allocation Bond — Housing Fund (Fund 525) to the Low/Mod Fund (Fund 522).
PASSED and ADOPTED this 31st day of January, 2012.
Ron Morrison, Chairman
ATTEST: APPROVED AS TO FORM:
Brad Raulston, Secretary Claudia Gacitua Silva
CDC General Counsel
COMMUNITY DEVELOPMENT COMMISSION
AGENDA STATEMENT
National City, California
MEETING DATE January 31, 2012
AGENDA ITEM NO.
5
ITEM TITLE A Resolution of the Community Development Commission of the City of National City authorizing the closure of
various Capital Improvement Project accounts and releasing appropriations in the amount of $1,799,113.98 and transferring of said
funds to fulfill existing enforceable obligations for 8th St Corridor Smart Growth Revitalization / Safe Routes to School Project in the
amount of $1,200,000 and Coolidge Ave Community Corridor / Safe Routes to School Project in the amount of $450,000 and
$149,113.98 into the EOPS Obligation Account, which are identified in the Enforceable Obligation Payment Schedule (EOPS)
PREPARED BY Barby Tipton
EXPLANATION
See attached
DEPARTMENT
Engineering
fr4
2
EXT. 4583
i
Environmental Review X N/A
MIS Approval
Financial Statement
Approved By:
finance Director
Allocations totaling $1,799,113.98 will be transferred from several Capital Improvement pi jects accounts to 8th Street
Project ($1,200,000, Account 511-409-500-598-3819), Coolidge Avenue Project ($450.000. Account 511-409-500-
598-6173, and EOPS Obligations Account ($149,113.98, Account Account No.
511-409-500-598-9068).
STAFF RECOMMENDATION
Adopt the Resolution.
BOARD / COMMISSION RECOMMENDATION
ATTACHMENTS (Listed Below)
1. Explanation
2. Resolution
Resolution No.
EXPLANATION:
The allocations for Tax Increment funding for the Capital Improvement Program (CIP)
were reviewed. It is requested that the allocations be released from CIP projects that
were authorized by Council and transfer the funding to the 8th St Corridor Smart
Growth Revitalization / Safe Routes to School Project in the amount of $1,200,000
(account 511-409-500-598-3816), Coolidge Ave Community Corridor / Safe Routes to
School Project in the amount of $450,000 (account 511-409-500-568-6173), and
EOPS Obligations in the amount of $149,113.98 (511-409-500-598-9068) to provide
funding for Capital Improvement Project Obligations listed in the Enforceable
Obligations Payment Schedule (EOPS). The goal of this review was to make certain
that obligations listed on the schedule have sufficient funding.
Transfer from 511-409-500-598-(below)
Project # Description Amount
3005 KIMBALL HOUSE 61,370.01
3018 922 W 23RD ST. (OLD TRAIN DEPOT) 1,000.00
3100 2501 CLEVELAND AVENUE 1.00
3104 PACIFIC STEEL 49,252.71
3105 ENTERPRISE ZONE (SDREZ) 108.12
3215 DOWNTOWN SPECIFIC 19,808.84
3744 LIBRARY LEASE/REMODEL 250,217.25
3809 723 W 23RD (ACE METALS SITE) 321.70
3816 AQUATIC CENTER 534.79
3826 WESTSIDE SPECIFIC PLAN 241,352.05
3842 MARINA GATEWAY 89,317.11
3846 Westside Browfield Grant 2007-2010 31,867.80
3848 MARINA GATEWAY PROJECT 857.50
3850 SR54 GATEWAY PROJECT 49,838.10
3932 PALM PLAZA 13,293.58
3935 REDEVELOPMENT PLAN AMENDMENT 55,422.05
3940 FREEWAY SIGN REFURBISHMENT 909,995.00
3944 PLAZA & HIGHLAND 10,392.64
FEASIBILITY/CONCEPT
6157 HIGHLAND AVENUE RESURFACING 14,146.21
PHASE II
6175 12TH & D ROUND -A -BOUT 17.52
TOTAL 1,799,113.98
RESOLUTION NO. 2012 -
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY AUTHORIZING THE CLOSURE OF
VARIOUS CAPITAL IMPROVEMENT PROJECT ACCOUNTS AND
RELEASING APPROPRIATIONS IN THE AMOUNT OF $1,799,113.98,
• AND TRANSFERRING -OF -SAID -FUNDS TO FULFILL EXISTING
ENFORCEABLE OBLIGATIONS FOR 8TH STREET CORRIDOR SMART
GROWTH REVITALIZATION/SAFE ROUTES TO SCHOOL PROJECT
IN THE AMOUNT OF $1,200,000, AND COOLIDGE AVENUE
COMMUNITY CORRIDOR/SAFE ROUTES TO SCHOOL PROJECT
IN THE AMOUNT OF $450,000, AND $149,113.98 INTO
THE EOPS OBLIGATION ACCOUNT, WHICH ARE IDENTIFIED IN
THE ENFORCEABLE OBLIGATION PAYMENT SCHEDULE (EOPS)
WHEREAS, pursuant to staff's audit of the allocations for Tax Increment funding
for the Capital Improvement Program ("CIP"), it has been determined that the allocations should
be released from CIP projects that were authorized by City Council and transfer the funding to
the 8th Street Corridor Smart Growth Revitalization/Safe Routes to School Project in the amount
of $1,200,000 (Account No. 511-409-500-598-3816), Coolidge Avenue Community
Corridor/Safe Routes to School Project in the amount of $450,000 (Account No. 511-409-500-
568-6173), and EOPS Obligations in the amount of $149,113.98 (Account No. 511-409-500-
598-9068) to provide complete funding for Capital Improvement Project Obligations identified in
the Enforceable Obligations Payment Schedule (EOPS), as set forth in the attached Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes that allocations be released from CIP projects and transferred to
the 8th Street Corridor Smart Growth Revitalization/Safe Routes to School Project in the amount
of $1,200,000 (Account No. 511-409-500-598-3816), Coolidge Avenue Community
Corridor/Safe Routes to School Project in the amount of $450,000 (Account No. 511-409-500-
568-6173), and EOPS Obligations in the amount of $149,113.98 (Account No. 511-409-500-
598-9068) to provide complete funding for Capital Improvement Project Obligations identified in
the Enforceable Obligations Payment Schedule (EOPS), asset forth in the attached Exhibit "A".
PASSED and ADOPTED this 31 st day of January, 2012.
Ron Morrison, Chairman
ATTEST:
Brad Raulston, Secretary
APPROVED AS TO FORM:
Claudia Gacitua Silva
CDC General Counsel
Transfer from 511-409-500-598-(below)
Project No.
EXHIBIT A
Description Amount
3005 KIMBALL HOUSE 61,370.01
3018 922 W 23RD ST. (OLD TRAIN DEPOT) 1,000.00
3100 2501 CLEVELAND AVENUE 1.00
3104 PACIFIC STEEL 49,252.71
3105 ENTERPRISE ZONE (SDREZ) 108.12
3215 DOWNTOWN SPECIFIC 19,808.84
3744 LIBRARY LEASE/REMODEL 250,217.25
3809 723 W 23RD (ACE METALS SITE) 321.70
3816 AQUATIC CENTER 534.79
3826 WESTSIDE SPECIFIC PLAN 241,352.05
3842 MARINA GATEWAY 89,317.11
3846 WESTSIDE BROWFIELD GRANT 2007-2010 31,867.80
3848 MARINA GATEWAY PROJECT 857.50
3850 SR54 GATEWAY PROJECT 49,838.10
3932 PALM PLAZA 13,293.58
3935 REDEVELOPMENT PLAN AMENDMENT 55,422.05
3940 FREEWAY SIGN REFURBISHMENT 909,995.00
3944 PLAZA & HIGHLAND 10,392.64
FEASIBILITY/CONCEPT
6157 HIGHLAND AVENUE RESURFACING 14,146.21
PHASE II
6175 12TH & D ROUND -A -BOUT 17.52
TOTAL:
1,799,113.98
CITY OF NATIONAL CITY, CALIFORNIA
COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT
�EETING
DATE: January 31, 2012
AGENDA ITEM NO. i6
ITEM TITLE:
IA resolution of the Community Development Commission of the City of National City adopting the
January 31, 2012 amended Enforceable Obligations Payment Schedule for the time period of January
1, 2012 through June 30, 2012.1
PREPARED BY: Colby Young DEPARTMENTIopment/Special Projects
PHONE: x4297 APPROVED B
EXPLANATION:
the 2011 California Redevelopment Legislation (AB X1 26) was 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
an Enforceable Obligations Payment Schedule showing required payments through December 31,
2011. As part of the recent California Supreme Court ruling upholding AB X1 26, certain dates and
deadlines for performance of obligations were affected. As a result, the CDC adopted an Enforceable
Obligations Payment Schedule for the time period of January 1, 2012 through June 30, 2012. The CDC
first approved an Enforceable Obligations Payment Schedule on August 24, 2011 and amended it
subsequently in September, October, November, and January, for the time period of August through
December 2011, and adopted an Enforceable Obligation Payment Schedule for the time period of
January 1 through June 30, 2012 to remain current with contractual obligations. The attached
Enforceable Obligations Payment Schedule amends the Enforceable Obligations Payment Schedule
approved by City Council on January 24, 2012 for the time period of January 1, 2012 through June 30,
2012.
FINANCIAL STATEMENT:
ACCOUNT NO.
ENVIRONMENTAL REVIEW: Not applicable
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED: Finance
STAFF RECOMMENDATION:
;Adopt the resolution
BOARD / COMMISSION RECOMMENDATION:
.TTACHMENTS:
1. Proposed Amended Enforceable Obligations Payment Schedule
RESOLUTION 2012 —
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY ADOPTING THE JANUARY 31, 2012
AMENDED ENFORCEABLE OBLIGATIONS PAYMENT SCHEDULE
FOR THE TIME PERIOD OF JANUARY 1, 2012 THROUGH JUNE 30, 2012
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 xl 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 as a redevelopment agency, 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, 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
Resolution No. 2012 —
January 31, 2012
Page Two
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 the 2011 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, on August 24, 2011, the CDC approved its Enforceable Obligation
Payment Schedule ("EOPS") for the time period through December 31, 2011; and
WHEREAS, on December 29, 2011, the California Supreme Court issued its
ruling which upheld ABx1 26 as valid and invalidated ABx1 27; and
WHEREAS, the California Supreme Court in its December 29, 2011 ruling moved
the dissolution date, originally established as October 1, 2011, to February 1, 2012, and also
added four months to the implementation and/or effective dates of many of the actions required
under ABx1 26; and
WHEREAS, based on the California Supreme Court ruling of December 29,
2011, and subject to the contingencies and reservations set forth herein, on January 24, 2012
resolution the CDC adopted an Enforceable Obligations Payment Schedule for the time period of
January 1, 2012 through June 30, 2012, and reserved the right to amend it from time to time as
necessary; and
WHEREAS, it is desirable to now amend the EOPS for the time period of January
1, 2012 through June 30, 2012; 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, and the
December 29, 2011 California Supreme Court ruling, 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. 2012 —
January 31, 2012
Page Three
Section 2.
Section 3.
Section 4.
Section 5.
Pursuant to California Health and Safety Code Section 34169, the CDC
hereby adopts an amended Enforceable Obligations Payment Schedule
attached hereto as Exhibit "A", and subject to all the reservations set forth
in that resolution adopting the EOPS on January 24, 2012. 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 for any 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; (iii) deliver the EOPS to the Successor Agency
when the Successor Agency comes into effect; and (iv) 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 CDC to
abide by the 2011 Redevelopment Legislation in the event it is 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
CDC 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
anyassertion or belief whatsoever on the part of the City that. the 2011
Redevelopment Legislation is/are constitutionalor lawful.
Resolution No. 2012 —
January 31, 2012
Page Four
Section 6. The City Clerk shall certify to the adoption of this Resolution, which shall
take effect upon the date of its adoption.
PASSED and ADOPTED this 31st day of January, 2012.
Ron Morrison, Chairman
ATTEST:
Brad Raulston, Secretary
APPROVED AS TO FORM:
Claudia Gacitua Silva
CDC General Counsel
Project Name/Obligation
BOND OBLIGATIONS
Payee(s)
City of National City
Amended Enforceable Obligations Payment Schedule
January 1, 2012 - June 30, 2012
Description
Payment Date Thrn June 30, 2012
Total TI/Bond
Obligation 6 Month Total January February March April May
EXHIBIT A
June
1
1999 Tax Allocation Bond
Bank of New York
1999
$ 3,835,000
$ 97,462
$ 97,463
2
2004 Tax Allocation Bond
Deutsche Bank
2004
$ 4,060,000
$ 99,875
$ 99,875
3
2005 Tax Allocation Bond
Deutsche Bank
2005
$ 23,560,000
$ 547,671
$ 547,671
4
2011 Tax Allocation Bond
Deutsche Bank
2011
$ 39,335,000
$ 1,282,515
$ 1,282,515
5 Bond Indentures and Supplements
6
7 BOND PROJECTS
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Various
Legal commitments per the bond dots
Westside mill Transit -Oriented
Development - 201-unit affordable housing
project
26,900,222
WI-TOD (DDA)
Paradise Creek Housing Partners
Pre -development loan
$
3,741,600
$
1,300,000
$ 300,000
$ 200,000
$ 200,000
$ 200,000
$ 200,000
$
200,000
WI-TOD (DDA)
Paradise Creek Housing Partners
Phase I City Grant
$
17,215,400
WI-TOD (DDA)
Paradise Creek Housing Partners
Phase 11 (not included in totals)
$
14,909,000
WI-TOD
City of National City/Kimley-Horn & Associates
Public Works relocation - Design /
Engineering
$
261,902
$
261,902
$ -
$ 61,902
$ 50,000
$ 50,000
$ 50,000
$
50,000
WI-TOD
Property Owner -Various
Purchase Replacement Yard
$
2,000,000
$
2,000,000
$ -
$ -
$ -
$ 2,000,000
$ -
$
-
WI-TOD
City of National City
Building/Relocation Costs
$
1,500,000
WI-TOD
E2 ManageTech
Remediation planning
$
136,836
$
64,699
$ 10,783
$ 10,783
$ 10,783
$ 10,783
$ 10,783
$
10,783
WI-TOD
City of National City/DTSC
Environmental oversight
$
- 74,984
$
32,693
$ 6,539
$ 6,539
$ 6,539
$ 6,539
$ 3,269
$
3,269
WI-TOD
City of National City/Contractor-Various
Environmental Clean -Up
$
700,000
$
210,000
$ -
$ -
$ -
$ 70,000
$ 70,000
$
70,000
WI-TOD
City of National City/Contractor-Various
Site Demolition/Grading
$
400,000
WI-TOD
City of National City/Consultant - Various
Construction Management & Inspections
$
150,000
WI-TOD
City of National City/Opper & Varco
Environmental outside counsel
$
19,500
$
16,875
$ 3,375
$ 3,375
$ 3,375
$ 3,375
$ 1,687
$
1,687
WI-TOD
City of National City
Project Management & Administration
$
700,000
$
350,000
$ -
$ 70,000
$ 70,000
$ 70,000
$ 70,000
$
70,000
SR54 and National City Blvd
Off ramp and street improvements
necessary to redevelop "RCP Site" APN 11562
2,500,000
SR54 and National City Blvd
Infrastructure Improvements
City of National City/Contractor - Various
Construction
$ 2,500,000
8th St Corridor Smart Growth
Traffic calming, pedestrian, bicycle and
nhancements
3,213,271
8th St Corridor Smart Growth
Revitalization / Safe Routes to School
City of National City/Harris & Associates
Design / Engineering
$
276,347
$
121,101
$ 31,070
$ 18,006
$ 18,006
$ 18,006
$ 18,006
$
18,006
8th St Corridor Smart Growth
Revitalization / Safe Routes to School
City of National City/Project Professionals
Corporation
Phase I - Construction Management &
Inspections
$
221,299
$
132,779
$ 22,130
$ 22,130
$ 22,130
$ 22,130
$ 22,130
$
22,130
8th St Corridor Smart Growth
Revitalization / Safe Routes to School
City of National City/Consultant - Various
Phase II - Construction Management &
Inspections
$
400,000
8th St Corridor Smart Growth
Revitalization / Safe Routes to School
Clty of National City/Contractor - Various .
Phase II - Construction
$
2,000,000
1
31
32
33
Protect Name/Obligation
Paveefs
City of National City
Amended Enforceable Obligations Payment Schedule
January 1, 2012 - June 30, 2012
Description
Total TI/Bond
Obligation
6 Month Total
January
Fcbru ar
Payment Date Thru June 30, 2012
March
April
Mav
EXHIBIT A
June
8th St Corridor Smart Growth
Revitalization / Safe Routes to School
City of National City/URS
Program Management
$
15,625
$
7,813
$ -
$
1,563
$
1,563
$ 1,563
$ 1,563
$
1,563
8th St Corridor Smart Growth
Revitalization / Safe Routes to School
City of National City
Project Management & Administration
$
300,000
$
150,000
$ -
$
30,000
5
30,000
$ 30,000
$ 30,000
$
30,000
34 8th St Corridor Safety Enhancemments
35
36
37
38
39
Traffic calming, pedestrian enhancements,
new traffic signal $
430.000
8th St Corridor Safety Enhancemments
City of National City/RBF Consultants
Design / Engineering
$
46,257
$
35,877
$
302
$
7,115
$
8,894
$
8,894
$
5,336
$
5,336
8th St Corridor Safety Enhancemments
City of National City/Consultant - Various
Construction Management & Inspections
$
150,000
$
15,000
$
-
5
-
$
-
$
-
$
15,000
8th St Corridor Safety Enhancemments
City of National City/Contractor - Various
Construction
$
178,118
$
17,812
$
-
$
-
$
-
$
-
$
17,812
8th St Corridor Safety Enhancemments
City of National City/URS
Program Management
$
15,525
$
7,813
$
-
$
1,563
$
1,563
$
1,563
$
1,563
$
1,563
8th 5t Corridor Safety Enhancemments
City of National City
Project Management & Administration
$
40,000
$
20,000
$
-
$
4,000
$
4,000
$
4,000
$
4,000
$
4,000
40
Highland Ave Corridor Safety
41 Enhancements
42
43
45
46
47
D Ave Community Corridor / 12th St & D
48 Ave Roundabout
49
50
51
52
53
Traffic calming and pedestrian
enhancements
1,695,625
Highland Ave Corridor Safety
Enhancements
City of National City/Consultant - Various
Design / Engineering
$
300,000
$
60,000
$ -
$
-
$
-
$
-
$ 30,000
$
30,000
Highland Ave Corridor Safety
Enhancements
City of National City/Consultant - Various
Construction Management & Inspections
5
300,000
Highland Ave Corridor Safety
Enhancements
City of National City/Contractor - Various
Construction
$
1,000,000
Highland Ave Corridor Safety
Enhancements
City of National City/URS
Program Management
$
15,625
$
7,813
$ -
$
1,563
$
1,563
$
1,563
$
1,563
$
1,563
Highland Ave Corridor Safety
Enhancements
City of National City
Project Management & Administration
$
80,000
$
40,000
$ -
$
8,000
$
8,000
$
8,000
5
8,000
$
8,000
Traffic calming, pedestrian and bicycle
enhancements
600,000
D Ave Community Corridor / 12th St & D
Ave Roundabout
City of National City/Kimley-Horn & Associates
Design / Engineering
$
202,685
$
136,910
$ 63,732
$
14,636
$ 36,589
5
14,636
$
7,318
$
-
D Ave Community Corridor / 12th St & D
Ave Roundabout
City of National City/Consultant - Various
Construction Management & Inspections
$
150,000
5
15,000
5 -
$
-
$ -
$
-
$
-
$
15,000
D Ave Community Corridor / 12th St & 0
Ave Roundabout
City of National City/Contractor - Various
Construction
$
181,691
$
18,169
$ -
$
-
$ -
$
-
$
-
$
18,169
D Ave Community Corridor / 12th St & D
Ave Roundabout
City of National City/URS
Program Management
$
15,625
$
7,813
$ -
$
1,563
$ 1,563
$
1,563
$
1,563
$
1,563
D Ave Community Corridor / 12th St & ❑
Ave Roundabout
City of National City
Project Management & Administration
$
50,000
$
25,000
$ -
$
5,000
$ 5,000
$
5,000
$
5,000
$
5,000
54
Coolidge Ave Community Corridor / Safe
55 Routes to School
56
Traffic calming, pedestrian, bicycle and
streetscape enhancements
2,259,026
Coolidge Ave Community Corridor / Safe
Routes to School
City of National City/ICimley-Horn & Associates
Design / Engineering
$ 293,401
$ 140,427
$ 16,954
$ 37,042
$ 49,389
$ 24,695
$ 12,347
$
2
57
58
59
60
61
62
63
64
65
66
67
City of National City
Amended Enforceable Obligations Payment Schedule
January 1, 2012-June 30, 2012
Total TI/Bond
Descripti
b Total
Januar
February
Payment Date Thru June 30, 2012
March
April
May
EXHIBIT A
June
Coolidge Ave Community Corridor / Safe
Routes to School
City of National City/Consultant - Various
Construction Management & Inspections
$
300,000
$
30,000
$ -
$
-
$ -
$ -
$ -
$
30,000
Coolidge Ave Community Corridor / Safe
Routes to School
City of National City/Contractor - Various
Construction
$
1,500,000
$
150,000
$ -
$
-
$ -
$ -
$ -
$
150,000
Coolidge Ave Community Corridor / Safe
Routes to School
City of National City/URS
Program Management
$
15,625
$
7,813
$ -
$
1,563
5 1,563
$ 1,563
$ 1,563
$
1,563
Coolidge Ave Community Corridor / Safe
Routes to School
City of National City
Project Management & Administration
$
150,000
$
75,000
$ -
$
15,000
$ 15,000
$ 15,000
$ 15,000
$
15,000
Traffic calming, pedestrian and bicycle
enhancements
400,000
4th St Community Corridor
City of National City/Consultant- Various
Design / Engineering
$
200,000
$
40,000
$ -
$
-
5
-
$
-
$ 20,000
$
20,000
4th St Community Corridor
City of National City/Consultant - Various
Construction Management & Inspections
$
144,375
4th 5t Community Corridor
City of National City/URS
Program Management
$
15,625
$
7,813
$ -
$
1,563
$
1,563
$
1,563
$
1,563
$
1,563
4th St Community Corridor
City of National City
Project Management & Administration
5
40,000
$
20,000
$ -
$
4,000
$
4,000
$
4,000
$
4,000
$
4,000
68 Las Palmas Park Improvements
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
Park and quality of life facility
enhancements
8,081,885
Las Palmas Park Improvements
City of National City/Kimley-Horn & Associates
Design / Engineering
$
166,260
$
110,927
$ 36,026
$ 29,961
$ 22,470
$ 14,980
$ 7,490
$
-
Las Palmas Park Improvements
City of National City/Consultant- Various
Design / Engineering
$
600,000
$
120,000
$ -
$ -
$ - -
$ -
$ 60,000
$
60,000
Las Palmas Park Improvements
City of National City/Consultant- Various
Construction Management & Inspections
$
300,000
Las Palmas Park Improvements
City of National City/Contractor - Various
Construction
$
6,500,000
Las Palmas Park Improvements
City of National City/URS
Program Management
$
15,625
$
7,813
$ -
$ 1,563
$ 1,563
$ 1,563
$ 1,563
$
1,563
Las Palmas Park Improvements
City of National City
Project Management & Administration
$
500,000
$
250,000
$ -
$ 50,000
$ 50,000
$ 50,000
$ 50,000
$
50,000
Park and quality of life facility
enhancements
3,434,233
Kimball Park Improvements
City of National City/Kimley-Horn & Associates
Design / Engineering
$
156,998
$
87,831
$ 42,210
$ 18,248
$ 13,686
$ 9,124
$ 4,562
$
-
Kimball Park Improvements
City of National City/Kimley-Horn
Prepare technical reports for Prop. 84 Grant
application submittal
$
11,610
$
3,483
$
3,483
$ -
$ -
$ -
$ -
$
-
Kimball Park Improvements
City of National City/Consultant - Various
Design / Engineering
$
300,000
$
60,000
$
-
$ -
$ -
$ -
$ 30,000
$
30,000
Kimball Park Improvements
City of National City/Consultant - Various
Construction Management & Inspections
$
150,000
Kimball Park Improvements
City of National City/Contractor -Various
Construction
$
2,500,000
Kimball Park Improvements
City of National City/URS
Program Management
$
15,625
$
9,375
$
1,563
$ 1,563
$ 1,563
$ 1,563
$ 1,563
$
1,563
Kimball Park Improvements
City of National City
Project Management & Administration
$
300,000
$
150,000
$
-
$ 30,000
$ 30,000
$ 30,000
$ 30,000
$
30,000
Aquatic Center
Park and quality of life facilities
4,078,159
Aquatic Center
City of National City/Safdie Rabines Architects
Architectural services
$
320,355
$
128,077
$ 51,231
$ 25,615
5 - 12,808
$ 12,808
$ 12,808
$
12,808
Aquatic Center
City of National City/Project Professionals Corp
Construction Management
$
242,179
$
132,000
$ 22,000
$ 22,000
$ 22,000
$ 22,000
.$ 22,000
$
22,000
Aquatic Center
City of National City/Contractor - Various
Construction
$
3,300,000
$
660,000
$ -
$ -
$ -
$ -
$ 330,000
$
330,000
Aquatic Center
City of National City/URS
Program Management
$
15,625
$
7,813
$ -
$ 1,563
$ 1,563
$ 1,563
$ 1,563
$
1,563
Aquatic Center
City of National City
Project Management & Administration
$
200,000
$
100,000
$ -
$ 20,000
$ 20,000
$ 20,000
$ 20,000
$
20,000
Total Bond Project Obligations
$ 53,592,420
3
Project Name/Obligation
93
Payee(s)
City of National City
Amended Enforceable Obligations Payment Schedule
January 1, 2012 - June 30, 2012
Description
EXHIBIT A
Payment Date Thru June 30, 2012
Total TI/Bond
Obligation 6 Month Total January February March April May June
94
95 Loang
96
97
Loan for investigation of brownfield site -
Loan
CaIREUse
835 Bay Marina Dr
$ 32,694
Loan Agreeernent between the JPFA and
Bof A re the Police Facility
98 Pass-thru Payments
99
100
101
102
103
104
105
106
107
108
109
110
111
Rank of America
Loan for Police Station
3,280,000
Pass-thru payments
Lower Sweetwater
Payments to Other Gov't Agencies
$
1,433
Pass-thru payments
County of San Diego
Payments to Other Gov't Agencies
$
166,400
Pass-thru payments
County of San Diego
Payments to Other Gov't Agencies
$
763,264
Pass-thru payments
Office of Education
Payments to Other Gov't Agencies
$
287,403
Pass-thru payments
Southwestern College
Payrnents to Other Gov't Agencies
$
268,708
Pass-thru payments
City of National City
Payments to Other Gov't Agencies
$
609,984
Pass-thru payrents
National City Elementary District
Payments to Other Gov't Agencies
$
70,111
Pass-thru payments
Sweetwater Union District
Payments to Other Gov't Agencies
$
42,899
Pass-thru payments
MWD SDCWA
Payments to Other Gov't Agencies
$
5,837
Pass-thru payments
Fiscal agent fees
Payments to Other Gov't Agencies
$
10,000
Pass-thru payments
City of National City
Payments to Other Gov't Agencies
$
1,852,145
$
926,073
$ 154,346
$ 154,346
$ 154,346
$ 154,346
$ 154,346
$
154,346
Pass-thru payments
CWA National City
Payments to Other Gov't Agencies
$
5,754
112 Judgments and Settlements
113
114
115
CYAC vs CDC - Amount on Appeal
Legal Settlement
CYAC/Leif
Highland Park, LLC
Judgment for Legal Fees (Appealed)
Legal settlement, Purple Cow
$ 2,000,000
64,000
116 Property Management CDC Properties
117
118
119
120
121
122
123
124
General Property Management
City of National City
Ongoing management of CDC assets
Kimball House
National City Historical Society & County of San Diego
Annual payment per lease agreement,
possessory interest tax
$
15,364
$
15,364
$
5,000
$ 10,364
CDC properties
EDCO
Trash hauling all RDA owned properties
$
1,895
$
524
$
105
$
105
$
105
$ 105
$
105
CDC Properties
NBS
Landscape Services
$
9,500.00
$
6,000
$
1,000
$
1,000
$
1,000
$
1,000
$ 1,000
$
1,000
Temporary Aquatic Center
Power Plus
Rental of temporary power poles
$
3,000
$
975
$
195
$
195
$
195
$ 195'
$
195
CDC properties in perpetuity
SDG&E
Electricity & gas for RDA properties
$
4,828
$
2,012
$
402
$
402
$
402
$ 402
$ •
402
Old Library redevelopment
Stanley Sonitrol
Fire alarm monitoring
5
485
$
243
$ 243
CDC properties
Sweetwater Authority
Water including irrigation RDA properties
$
14,961
$
6,250
$
1,250
$
1,250
$
1,250
$ 1,250
$
1,250
Palm Plaza
National Construction Rental
Temporary fencing of RDA site
$
791
$
791
$
791
125
Binding Agreements/Contracts,
Administrative Expenses and Associated
126 Obligations
127
Administrative Expenses and Associated
Obligations '
City of National City (subject to labor contract and
other agreements and associated obligations that
include CalPERS, PARS, Health Care Contracts, TriStar,
Alliant-Insurance
Personnel Cost (Reimbursement Agreement)
$
1,508,879
5
754,439
$ 125,740
- $ 125,740
$ 125,740
$ 125,740
$ 125,740
$
125,740
4
128
129
13
13
13
13:
13
13!
13i
13
13:
13'.
14
14
14
14
14
14
14
14
14:
14!
15
15
15
15.
15
Payees)
City of National City
Amended Enforceable Obligations Payment Schedule
January 1, 2012 -June 30, 2012
Total TI/Bond
Ohtivatinn
Januar
Fehruary
Payment Date Thru June 30, 2012
March
Aoril
Ma
EXIBBIT A
June
Reimbursement Agreement
City of National City
Overall Reimbursement Agreement executed
between the CDC and City of National City
$ 5,442,827
Cooperation Agreement -Overall
City of National City
Agreement for City to Implement CIP
Program
$ 55,226,623
Cooperation Agreement-WI-TOD
City of National City
Agreement for City to Implement WI-TOD
Project
$ 40,000,000
Cooperation Agreement- SR54
City of National City
Agreement for City to Implement Gateway
5R54 Project
$ 2,500,000
Low Moderate Income Housing Fund
Housing Authority
Projected LMIHE through the life of the
agency
$ 75,901,324
Housing Element
Housing Authority
State Mandates/Goals for Housing
Housing Admin Expenses
Housing Authority
Personnel Cost (Reimbursement Agreement)
$ 108,920
$
108,920
$ 18,153
$
18,153
$ 18,153
$ 18,153
$ 18,153
$
18,153
Housing Admin Expenses
Housing Authority
Budget needs to be established for separate
agency based on housing obligations
TBD
Oversight Board Admin
Successor Agency/City of National City (Budget TBD)
Provide support for Oversight Board and
other obligations of the County and State
related to the dissolution
TBD
Joint Powers Financing Authority (JPFA)
Agency Admin Expenses
County of San Diego
Environmental Oversight Remediation and
Testing for Education Village, ACE, 2501
Cleveland, 835 Bay Marina Drive
$ 182,415
$
3,600
$ 1,800
$
1,800
Agency Admin Expenses
GeoSyntec Consultants
$
33,000
$
15,000
$ 2,000
$ 500
$ 15,000
$
500
Graffiti Abatement Program
ACE Uniform
Supplies (Graffiti)
$
200
$
40
$ 40
$ 40
$ 40
$
40
Graffiti Abatement Program
Boot World Inc
Supplies (Graffiti)
$
250
$
50
$ 50
$ 50
$ 50
$
50
Graffiti Abatement Program
CA Air Compressor Co.
Supplies (Graffiti)
$
2,500
$
500
$ 500
$ 500
$ 500
$
500
' Graffiti Abatement Program
Maintex
Supplies (Graffiti)
$
1,000
$
200
$ 200
$ 200
$ 200
$
200
I Graffiti Abatement Program
Western Hose & Gasket
Supplies (Graffiti)
$
500
$
100
$ 100
$ 100
$ 100
$
100
I Graffiti Abatement Program
Smart & Final
Supplies (Graffiti)
$
500
$
100
$ 100
$ 100
$ 100
$
100
1 Graffiti Abatement Program
Prudential Overall Supply
Laundry (Graffiti)
$
240
$
48
$ 48
$ 48
$ 48
$
48
- Graffiti Abatement Program
San Diego Trolley Inc
Flagging Services (Graffiti)
$
275
$
55
$ 55
$ 55
$ 55
$
55
Graffiti Abatement Program
Pro Build
Supplies (Graffiti)
$
1,000
$
200
$ 200
$ 200
$ 200
$
200
I Graffiti Abatement Program-
Vista Paint
Supplies (Graffiti)
$
15,500
$
3,100
$ 3,100
$ 3,100
$ 3,100
$
3,100
I Graffiti Abatement Program
Westflex Industrial
Supplies (Graffiti)
$
-
i Agency Admin Expenses
Keagy
Real Estate Appraisal Services
$ 15,000
$
15,000
$ 15,000
i Agency Admin Expenses
PGP
Real Estate Appraisal Services
$ 15,000
$
15,000
$ 15,000
r Agency Admin Expenses
Ken Carpenter
Real Estate Appraisal Services
$ 15,000
$
15,000
$ 15,000
3 Agency Admin Expenses
HdLCoren & Cone
Financial Analysis
$ 40,000
$
40,000
$ -
$
-
$ -
$ -
5 -
$
40,000
J Agency Admin Expenses
Keyser Marston Associates
Economic Analysis per 33433
$ 50,000
$
Agency Admin Expenses
Urban Futures
Financial and bond adviser
$ 40.E
$
10,000
$ 3,333
$ 3,333
$
3,333
L Agency Admin Expenses
Port of San Diego
loin t Planning
$ 31,696
$
31,696
$
31,696
1 Agency Admin Expenses
GeoSyntec Consultants
PSI Environmental Investigation
$ 59,946
$
-
3 Agency Admin Expenses
Tierra West Advisors .
Westside Amortization •
$ 18,059
$
-
3 Agency Admin Expenses
SANDAG
Membership
$ 7,500
$ -
-
5
155
156
157
158
159
160
161
162
153
154
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181 Housing Admin Expenses
182
183
184
185
186
187
188
189
MAAC Project- Tecolote Court
City of National City (Housing Authority)
Monitor Affordability Covenants
1602 Euclid
City of National City (Housing Authority)
Monitor Affordability Covenants
Park Villas Apartments
City of National City (Housing Authority)
Monitor Affordability Covenants
Copper Hills Apartments
City of National City (Housing Authority)
Monitor Affordability Covenants
Plaza City Apartments
City of National City (Housing Authority)
Monitor Affordability Covenants
Habitat for Humanity- G Ave
City of National City (Housing Authority)
Monitor Affordability Covenants
Casa Familiar
City of National City (Housing Authority)
Monitor Affordability Covenants
Monitoring Cost
City of National City (Housing Authority)
Monitor Affordability Covenants
Project Name/Obligation
Pavee(s
City of National City
Amended Enforceable Obligations Payment Schedule
January 1, 2012 - June 30, 2012
Description
Total TllBond
Obligation
6 Month Total
ianuary
February
Payment Date Thru June 30, 2012
March
April
May
EXHIBIT A
June
Agency Admin Expenses
CRA -
Membership
5
827
5
827
$ 827
Agency Admin Expenses
Tyler Technologies
Financial Systems Software Services
$
3,000
5
3,600
5 600
$ 600
$ 600
$ 600
$ 600
$
600
Agency Admin Expenses
Staples
Office Supplies
$
2,500
5
1,200
5 200
$ 200
$ 200
$ 200
$ 200
$
200
Agency Admin Expenses
Federal Express
Delivery Service
5
900
5
133
$ 21
$ 21
$ 35
$ 35
$
21
Agency Admin Expenses
San Diego Clipping Service
Record Keeping
$
707
$
-
Agency Admin Expenses
City of San Diego
Admin services for SD Regional Enterprise
Zone
$
51,000
$
51,000
$ 51,000
Agency Admin Expenses
Union Tribune
Public Noticing
$
10,000
Agency Admin Expenses
Yolanda Teresa Lopez
Translation and Interpretation Services
5
450
Agency Admin Expenses
Rick Engineering
Bay Marina Drive - engineering
5
2,288
$
2,288
$ -
$ 2,288
$ -
$ -
$ -
$
-
Agency Admin Expenses
San Diego Association of Governments
Grant match
$
20,000
$
10,o0D
$ -
$ 10,000
$ -
$ -
$ -
$
-
Agency Admin Expenses
Caltrans
Grant match
$
300,000
$
300,000
$ -
$ -
$ -
$ 150,000
$ 150,000
$
-
Agency Legal Expenses
Kane, Ballmer, & Berkman
Legal support for state actions on
Redevelopment
$
11,249
$
11,249
5 4,749
$ 6,500
Agency Legal Expenses
Sohagi Law Group
Litigation CYAC, Nunez
$
101,000
$
80,000
$ 20,000
5 20,000
$ 20,000
$
20,000
Agency Legal Expenses
Opper & Varco, LLP
Litigation for Education Village
$
13,000
$
7,800
$ 1,300
$ 2,000
$ 1,500
$ 1,500
5
1,500
Agency Legal Expenses
Christensen & Spath, LLP
Litigation for ARE Holdings
$
150,000
$
46,000
$ 9,200
$ 9,200
$ 9,200
$ 9,200
$
9,200
Agency Legal Expenses
Best Best & Krieger, LLP
Litigation CYAC
$
210,001
$
134,000
$ 59,000
$ 37,500
$
37,500
Agency Legal Expenses
Christensen & Spath, LLP
Litigation Barrerra
$
150,000
$
120,000
$ 20,000
$ 20,000
$ 20,000
$ 20,000
$ 20,000
$
20,000
Agency Legal Expenses
Mazzarella Lorenzana
Minimize CYAC Liability -Indemnity
$
250,000
$
100,000
$ 20,000
$ 20,000
$ 20,000
$ 20,000
$
20,000
Agency On -call Services
Project Professionals Corporation
On -call Engineering
$
300,000
$
300,000
$ 20,000
$ 40,000
$ 60,000
$ 60,000
$ 60,000
$
60,000
Agency On -call Services
Kimley-Horn & Associates
On -call Engineering
$
300,000
$
300,000
$ 20,000
$ 40,000
$ 60,000
$ 60,000
$ 60,000
$
60,000
Agency On -call Services
Harris & Associates
On -call Engineering
$
300,000
$
300,000
$ 20,000
$ 40,000
$ 60,000
$ 60,000
$ 60,000
$
60,000
Agency On -call Services
Bureau Veritas North America
On -call Engineering
$
300,000
$
300,000
$ 20,000
$ 40,000
$ 60,000
$ 60,000
$ 60,000
5
60,000
Agency On -call Services
D-MAX Engineering
On -call stormwater compliance
$
200,000
$
120,000
$ 20,000
$ 20,000
$ 20,000
$ 20,000
5 20,000
5
20,000
Agency On -call Services
Esgil Corporation
On -call plan review/inspections
$
240,000
$
240,000
$ 40,000
$ 40,000
$ 40,000
$ 40,000
$ 40,000
$
40,000
6
CITY OF NATIONAL CITY, CALIFORNIA
COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT
"IETING DATE: January 31, 2012
AGENDA ITEM NO.
7
ITEM TITLE:
resolution of the Community Development Commission of the City of National City adopting the
January 31, 2012 amended Draft Initial Recognized Obligations Payment Schedule.
PREPARED BY: Colby Young Ely' DEPARTMENT: Red ent/S ecial Projects
PHONE: x4297 APPROVED BY:i—
EXPLANATION:
the 2011 California Redevelopment Legislation (AB X1 26) was 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
an Initial Recognized Obligations Payment Schedule showing required payments from January -June,
2012. The CDC approved its Draft Initial Recognized Obligations Payment Schedule on September 27,
2011 and subsequently amended on January 24, 2012. The attached schedule updates the Draft Initial
Recognized Obligations Payment Schedule to include all payees and payment amounts necessary to
fulfill all CDC obligations.
FINANCIAL STATEMENT:
ACCOUNT NO.
ENVIRONMENTAL REVIEW: Not applicable
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED: Finance
STAFF RECOMMENDATION:
Adopt the resolution
BOARD / COMMISSION RECOMMENDATION:
1TTACHMENTS:
1. Proposed Amended Draft Initial Recognized Obligations Payment Schedule
RESOLUTION 2012 —
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF NATIONAL CITY ADOPTING THE JANUARY 31, 2012 AMENDED
DRAFT INITIAL RECOGNIZED OBLIGATIONS PAYMENT SCHEDULE
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 as a redevelopment agency, all subject to the review and approval of
an oversight committee; and
WHEREAS, as part of this wind up process, all redevelopment agencies are
required to prepare a preliminary draft of the initial recognized obligations payment schedule
listing payments to be made January 2012 through the end of June 2012; 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, 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
Resolution No. 2012 —
January 31, 2012
Page Two
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 requiring a preliminary draft
of the initial recognized obligations payment schedule; and
WHEREAS, on September 27, 2011, the CDC approved its preliminary draft of
the Initial Recognized Obligations Payment Schedule ("ROPS"); and
WHEREAS, on December 29, 2011, the California Supreme Court issued is
ruling which upheld ABx1 26 as valid and invalidated ABx1 27; and
WHEREAS, the California Supreme Court in its December 29, 2011 ruling moved
the dissolution date, originally established as October 1, 2011, to February 1, 2012, and also
added four months to the implementation and/or effective dates of many of the actions required
under ABx1 26; and
WHEREAS, based on the California Supreme Court ruling of December 29,
2011, and subject to the contingencies and reservations set forth herein, on January 24, 20.12 the
CDC adopted an Amendment to the Draft Initial Recognized Obligations Payment Schedule for the
time period of January 1, 2012 through June 30, 2012, and reserved the right to amend it from
time to time as necessary; and
WHEREAS, subject to the contingencies and reservations set forth herein, the
CDC desires to amend the preliminary draft of the Initial Recognized Obligations Payment
Schedule; 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, and the
December 29, 2011 California Supreme Court ruling, in order to preserve the ability of the CDC
to continue to operate and perform its obligations and thereby benefit the community.
NOW, THEREFORE, BE IT RESOLVED by the Community Development
Commission of the City of National City as follows:
Section 1.
Section 2.
The foregoing Recitals are true and correct, and incorporated into this
Resolution by this reference, and constitute a material part of this
Resolution.
Pursuant to California Health and Safety Code Section 34169, the CDC
hereby amends the preliminary draft of the initial Recognized Obligations
Payment Schedule. The preliminary draft of the Initial Recognized
Obligations Payment Schedule is that which is referred to in Health and
Safety Code Section 34169(h), and shall be interpreted and applied in all
Resolution No. 2012 —
January 31, 2012
Page Three
Section 3.
Section 4.
respects in accordance with such section and the California
Redevelopment Law, to the fullest extent permitted by law. However, it is
applicable to and binding on the CDC only to the extent that Part 1.8 of
the 2011 Redevelopment Legislation is applicable to the CDC.
The Executive Director, or designee, is hereby authorized and directed to:
(i) post the amended preliminary draft of the Initial Recognized
Obligations Payment Schedule on the City's website; (ii) notify the County
Auditor -Controller, the State Controller and the State Department of
Finance concerning the posting of such document; (iii)) deliver the
amended preliminary draft of the Initial Recognized Obligations Payment
Schedule to the Successor Agency when the Successor Agency comes
into effect; and, (iv) take such other actions and execute such other
documents as are necessary to effectuate the intent of this Resolution.
This Resolution shall in no way be construed as requiring the CDC 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 CDC may have, whether in law or in equity, to challenge the
2011 Redevelopment Legislation. This Resolution shall not be construed
as the CDC's willing acceptance of, or concurrence with the 2011
Redevelopment Legislation, eitherABx1 26 or ABx1 27; nor does this
Resolution evidence any assertion or belief whatsoever on the part of the
CDC that the 2011 Redevelopment Legislation is/are constitutional or
lawful.
Section 5. The Secretary shall certify to the adoption of this Resolution, which shall
take effect upon the date of its adoption.
PASSED and ADOPTED this 31 st day of January, 2012.
Ron Morrison, Chairman
ATTEST:
Brad Raulston, Secretary
APPROVED AS TO FORM:
Claudia Gacitua Silva
CDC General Counsel
Project Name/Obligation
BOND OBLIGATIONS
Payee(s)
City of National City
Amended Initial Recognized Obligations Payment Schedule
January 1, 2012 - June 30, 2012
Description
Payment Date Thru June 30, 2012
Total TI/Bond
Obligation 6 Month Total January February March April May
EXHIBIT A
.tune
1
1999 Tax Allocation Bond
Bank of New York
1599
$ 3,835,000
$ 97,462
$ 97,463
2
2004 Tax Allocation Bond
Deutsche Bank
2004
$ 4,060,000
$ 99,875
$ 99,875
3
2005 Tax Allocation Bond
Deutsche Bank
2005
$ 23,560,000
5 547,671
$ 547,671
4
2011 Tax Allocation Bond
Deutsche Bank
2011
$ 39,335,000
$ 1,282,515
$ 1,282,515
5
6
7 BOND PROJECTS
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Bond Indentures and Supplements
Various
Legal commitments per the bond dots
Westside lnlill Transit -Oriented
Development - 201-unit affordable housing
project $
26,900.222
WI-TOD (DDA)
Paradise Creek Housing Partners
Pre -development loan
$
3,741,500
$
1,300,000
$ 300,000
$ 200,000
5 200,000
$ 200,000
$ 200,000
$
200,000
WI-TOD (DDA)
Paradise Creek Housing Partners
Phase I City Grant
$
17,215,400
WI-TOD (DDA)
Paradise Creek Housing Partners
Phase II (not included in totals)
$
14,909,000
WI-TOD
City of National City/Kimley-Horn & Associates
Public Works relocation - Design /
Engineering
$
261,902
$
261,902
$
-
$
61,902
$ 50,000
$ 50,000
$ 50,000
$
50,000
WI-TOD
Property Owner -Various
Purchase Replacement Yard
$
2,000,000
$
2,000,000
$
-
$
-
$ -
$ 2,000,000
$ -
$
-
WI-TOD
City of National City
Building/Relocation Costs
$
1,500,000
WI-TOD
E2 ManageTech
Remediation planning
$
136,836
$
64,699
$
10,783
$
10,783
$ 10,783
$ 10,783
$ 10,783
$
10,783
WI-TOD
City of National City/DTSC
Environmental oversight
$
74,984
$
32,693
$
6,539
$
6,539
$ 6,539
$ 6,539
$ 3,269
$
3,269
WI-TOD
City of National City/Contractor - Various
Environmental Clean -Up
$
700,000
$
210,000
$
-
$
-
$ -
$ 70,000
$ 70,000
$
70,000
WI-TOD
City of National City/Contractor - Various
Site Demolition / Grading
$
400,000
WI-TOD
City of National City/Consultant - Various
Construction Management & Inspections
$
150,000
WI-TOD
City of National City/Opper & Varco
Environmental outside counsel
5
19,500
$
16,875
$
3,375
$
3,375
$ 3,375
5 3,375
$ 1,687
$
1,687
WI-TOD
City of National City
Project Management & Administration
$
700,000
$
350,000
$
-
$ 70,000
$ 70,000
$ 70,000
$ 70,000
$
70,000
5R54 and National City Blvd
Off ramp and street improvements
necessary to redevelop "RCP Site" APN #562-
vt-nx
2,500,000
SR54 and National City Blvd
Infrastructure Improvements
City of National City/Contractor - Various
Construction
$ 2,500,000
8th St Corridor Smart Growth
Traffic calming, pedestrian, bicycle and
nhancemen
3,213,271
8th St Corridor Smart Growth
Revitalization / Safe Routes to School
City of National City/Harris & Associates
Design / Engineering
$
276,347
$
121,101
$ 31,070
$ 18,006
$ 18,006
$ 18,006
$ 18,006
$
18,006
8th St Corridor Smart Growth
Revitalization / Safe Routes to School
City of National City/Project Professionals
Corporation
Phase I - Construction Management &
Inspections
$
221,299
$
132,779
$ 22,130
$ 22,130
$ 22,130
$ 22,130
$ 22,130
$
22,130
Sth St Corridor Smart Growth
Revitalization / Safe Routes to School
City of National City/Consultant- Various
Phase II - Construction Management &
Inspections
$
400,000
Sth St Corridor Smart Growth
Revitalization / Safe Routes to School
City of National City/Contractor - Various -
Phase II - Construction
$
2,000,000
31
32
Project Name/Obligation
Pavee(s)
City of National City
Amended Initial Recognized Obligations Payment Schedule
January 1, 2012 -June 30, 2012
Descrinfion
'total TI/Bond
Oblieation
6 61onth Total
January
Fehruary
Payment Date Thru June 30, 2012
March
April
Ma
EXHIBIT A
Ju ne
8th St Corridor Smart Growth
Revitalization / Safe Routes to School
City of National City/URS
Program Management
$
15,625
$
7,813
$ -
$ 1,563
$ 1,563
$ 1,563
$ 1,563
$
2,563
8th St Corridor Smart Growth
Revitalization / Safe Routes to School
City of National City
Project Management & Administration
5
300,000
$
150,000
$ -
$ 30,000
$ 30,000
$ 30,000
$ 30,000
$
30,000
33
34 8th St Corridor Safety Enhancemments
35
36
37
38
39
40
Highland Ave Corridor Safety
41 Enhancements
42
43
44
45
46
47
D Ave Community Corridor / 12th St & D
48 Ave Roundabout
49
50
51
52
53
54
Coolidge Ave Community Corridor / Safe
55 Routes to School
56
Traffic calming, pedestrian enhancements,
new traffic signal $
430,000
8th St Corridor Safety Enhancnients
City of National City/RBF Consultants
Design / Engineering
$
46,257
$
35,877
$
302
$
7,115
$
8,894
$
8,894
$
5,336
$
5,336
8th St Corridor Safety Enhancemments
City of Natonal City/Consultant- Various
Construction Management & Inspections
$
150,000
$
15,000
$
-
$
-
$
-
$
-
$
15,000
8th St Corridor Safety Enhancemments
City of Natonal City/Contractor - Various
Construction
$
178,113
5
17,812
$
-
$
-
$
-
5
-
$
17,812
8th St Corridor Safety Enhancemments
City of National City/URS
Program Management
$
15,625
$
7,813
$
-
$
1,563
$
1,563
$
1,563
$
1,563
$
1,5E3
Sth St Corridor Safety Enhancemments
City of Natonal Ci-v
Project Management & Administration
$
40,000
$
20,000
$
-
$
4,000
$
4,000
$
4,000
$
4,000
5
4,000
Traffic calming and pedestrian
enhancements
1,695,625
Highland Ave Corridor Safety
Enhancements
City of National City/Consultant- Various
Design / Engineering
$ 300,000
$
60,000
5 -
$
-
$ -
5
-
5
30,000
$
30,000
Highland Ave Corridor Safety
Enhancements
City of National City/Consultant - Various
Construction Management & Inspections
$ 300,000
Highland Ave Corridor Safety
Enhancements
City of National City/Contractor- Various
Construction
S 1,000,000
Highland Ave Corridor Safety
Enhancements
City of National City/URS
Program Management
$ 15,625
$
7,813
$ -
$
1,563
$
1,563
$
1,563
$ i
1,563
$
1,563
Highland Ave Corridor Safety
Enhancements
City of National City
Project Management & Administration
$ 80,000
$
40,000
$ -
$
8,000
$
8,000
$
8,000
$
8,000
$
8,000
Traffic calming, pedestrian and bicycle
enhancements
600,000
D Ave Community Corridor / 12th St & D
Ave Roundabout
City of National City/Kimley-Horn & Associates
Design / Engineering
$
202,685
$
136,910
$ 63,732
$
14,636
$ 36,589
5
14,636
$
7,318
$
-
D Ave Community Corridor / 12th St & D
Ave Roundabout
City of National City/Consultant - Various
Construction Management & Inspections
$
150,000
$
15,000
$ -
$
-
$ -
$
-
$
-
$
15,000
D Ave Community Corridor / 12th St & D
Ave Roundabout
City of National City/Contractor- Various
Construction
$
181,691
5
18,169
$ -
$
-
$ -
$
-
$
-
5
18,169
D Ave Community Corridor / 12th St & D
Ave Roundabout
City of National City/URS
Program Management
5
15,625
5
7,813
5 -
5
1,563
$ 1,563
$
1,563
$
1,563
$
1,563
D Ave Community Corridor / 12th St & D
Ave Roundabout
City of National City
Project Management & Administration
$
50,000
$
25,000
$ -
$
5,000
$ 5,000
$
5,000
$
5,000
5
5,000
Traffic calming, pedestrian, bicycle and
streetscape enhancements
2,259,026
Coolidge Ave Community Corridor/ Safe
Routes to School
City of National City/Kimley-Horn & Associates -
Design / Engineering
$ 293,401
$ - 140,427
$ 16,954
$ 37,042
$ 49,389
$ 24,695
$ 12,347
5
2
57
58
59
60
61
62
63
64
65
65
67
68
69
/0
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92 Total Bond Project Obligations
City of National City
Amended Initial Recognized Obligations Payment Schedule
January 1,2012- tune 30, 2012
'Total TI/Bond
nhlioatian
lonth'Total
Januar
Fehruary
Payment Date Thru June 30, 2012
March
April
May
EXHIBIT A
June
Coolidge Ave Community Corridor / Safe
Routes to School
City of National City/Consultant- Various
Construction Management & Inspections
$
300,000
$
30,000
$ -
$
-
5 -
$ -
$ -
$
30,000
Coolidge Ave Community Corridor / Safe
Routes to School
City of National City/Contractor - Various
Construction
$
1,500,000
$
150,000
$ -
$
-
$ -
5 -
$ -
$
150,000
Coolidge Ave Community Corridor / Safe
Routes to School
City of National City/URS
Program Management
$
15,625
5
7,813
$ -
$
1,563
$ 1,563
5 1,563
5 1,563
$
1,563
Coolidge Ave Community Corridor / Safe
Routes to School
City of National City
Project Management & Administration
$
150,000
$
75,000
$
$
15,000
$ 15,000
$ 15,000
$ 15,000
5
15,000
Traffic calming, pedestrian and bicycle
enhancements
400.000
4th St Community Corridor
City of National City/Consultant- Various
Design / Engineering
$
200,000
$
40,000
$ -
$
$
-
$
-
5
20,000
$
20,000
4th St Community Corridor
City of National City/Consultant - Various
Construction Management & Inspections
$
144,375
4th 5t Community Corridor
City of National City/URS
Program Management
$
15,625
$
7,813
$ -
$
1,563
$
1,563
$
1,563
$
1,563
5
1,563
4th St Community Corridor
City of National City
Project Management & Administration
$
40,000
$
20,000
$ -
$
4,000
$
4,000
$
4,000
$
4,000
5
4,000
Park and quality of life facility
ncements
8.081.885
Las Palmas Park Improvements
City of National City/Kimley-Horn & Associates
Design / Engineering
$
165,260
$
110,927
$ 36,026
$ 29,961
$ 22,470
$ 14,980
5
7,490
$
Las Palmas Park Improvements
City of National City/Consultant- Various
Design / Engineering
$
600,000
$
120,000
$ -
$ -
5 -
5 - -
5
60,000
$
60,000
Las Palmas Park Improvements
City of National City/Consultant - Various
Construction Management & Inspections
$
300,000
Las Palmas Park Improvements
City of National City/Contractor - Various
Construction
$
6,500,000
Las Palmas Park Improvements
City of National City/URS
Program Management
$
15,625
5
7,813
$ -
$ 1,563
$ 1,563
$ 1,563
$
1,563
$
1,563
Las Palmas Park Improvements
City of National City
Project Management & Administration
$
500,000
$
250,000
$ -
$ 50,000
$ 50,000
$ 50,000
$ 50,000
$
50,000
Park and quality of life facility
3.434.233
Kimball Park Improvements
City of National City/Kimley-Horn & Associates
Design / Engineering
$
156,998
$-
87,831
$ 42,210
$ 18,248
$ 13,686
$ 9,124
$ 4,562
$
-
Kimball Park Improvements
City of National City/Kimley-Horn
Prepare technical reports for Prop. 84 Grant
application submittal
$
11,610
$
3,483
$
3,483
$ -
$ -
$ -
$ -
$
-
Kimball Park Improvements
City of National City/Consultant - Various
Design / Engineering
$
300,000
$
60,000
$
-
$ -
$ -
$ -
$ 30,000
$
30,000
Kimball Park Improvements
City of National City/Consultant-Various
Construction Management & Inspections
$
150,000
Kimball Park Improvements
City of National City/Contractor - Various
Construction
$
2,500,000
Kimball Park Improvements
City of National City/URS
Program Management
$
15,625
$
9,375
$
1,563
$ 1,563
$ 1,563
$ 1,563
5 1,563
$
1,563
Kimball Park Improvements
City of National City
Project Management & Administration
$
300,000
$
150,000
$
-
$ 30,000
$ 30,000
$ 30,000
$ 30,000
5
30,000
liti
4,078,159
Aquatic Center
City of National City/Safdie Rabines Architects
Architectural services
$
320,355
$
128,077
$ 51,231
5
25,615
$ 12,806
$ 12,808
$ 12,808
$
12,808
Aquatic Center
City of National City/Project Professionals Corp
Construction Management
5
242,179
5
132,000
$ 22,000
$
22,000
$ 22,000
$ 22,000
$ 22,000
$.
22,000
Aquatic Center
City of National City/Contractor - Various
Construction
$
3,300,000
$
660,000
$ -
$
-
$ -
$ -
$ 330,000
$
330,000
Aquatic Center
City of National City/URS
Program Management
$
15,625
$
7,813
$ -
$
1,563
$ 1,563
$ 1,563
$ 1,563
$
1,563
Aquatic Center
City of National City
Project Management & Administration
$
200,000
$
100,000
$ -
$ 20,000
$ 20,000
$ 20,000
$ 20,000
$
20,000
$ 53,592,420
3
93
Project Name/Obligation
Pavice(s)
City of National City
Amended Initial Recognized Obligations Payment Schedule
January 1, 2012 -June 30, 2012
Description
Total '11/Bond
Obligation
6 Month Total
EXHIBIT A
Payment Dale Thro June 30, 2012
.lanuar. February March April May June
94
95 loans
96
Loan for investigation of brownfield site -
Loan
CaIRFUse
835 Bay Marina Dr
$ 32,694
Loan Agreeement between the JPFA and
Bof A re the Police Facility
97
98 Pass-thru Payments
99
100
101
102
103
104
105
106
107
108
109
110
Bank of America
Loan for Police Station
$
3,280,000
Pass-thru payments
Lower Sweetwater
Payments to Other Gov't Agencies
5
1,433
Pass-thru payments
County of San Diego
Payments to Other Gov't Agencies
$
196,400
Pass-thru payments
County of San Diego
Payments to Other Gov't Agencies
$
763,264
Pass-thru payments
Office of Education
Payments to Other Gov't Agencies
5
287,403
Pass-thru payments
Southwestern College
Payments to Other Gov't Agencies
$
268,708
Pass-thru payments
City of National City
Payments to Other Gov't Agencies
5
909,984
Pass-thru payments
National City Elementary District
Payments to Other Gov't Agencies
$
/0,111
Pass-thru payments
Sweetwater Union District
Payments to Other Gov't Agencies
$
42,899
Pass-thru payments
MWD SDCWA
Payments to Other Gov't Agencies
$
5,837
Pass-thru payments
Fiscal agent fees
Payments to Other Gov't Agencies
5
10,000
Pass-thru payments
City of National City
Payments to Other Gov't Agencies
$
1,852,145
5
926,073
$ 154,346
$ 154,346
$ 154,346
$ 154,346
$ 154,346
$
154,346
Pass-thru payments
CWA National City
Payments to Other Gov't Agencies
$
5,754
111
112 Judgments and Settlements
113
114
115
CYAC vs CDC - Amount on Appeal
CVAC/Leif
Judgment for Legal Fees (Appealed)
2,000,000
Legal Settlement
Highland Park, LLC
Legal settlement, Purple Cow
64,000
116 Property Management CDC Properties
117
118
119
120
121
122
123
124
General Property Management
City of National City
Ongoing management of CDC assets
Kimball House
National City Historical Society & County of San Diego
Annual payment per lease agreement,
possessory interest tax
$
15,364
$
15,364
$
5,000
$ 10,364
CDC properties
EDCO
Trash hauling all RDA owned properties
$
1,895
$
524
$
105
$
105
$
105
5 105
$
105
CDC Properties
NOS
Landscape Services
$
9,500.00
$
6,000
$
1,000
$
1,000
$
1,000
$
1,000
$ 1,000
$
1,000
Temporary Aquatic Center
Power Plus
Rental of temporary power poles
$
3,000
$
975
$
195
$
195
$
195
5 195
$
195
CDC properties in perpetuity
SDG&E
Electricity & gas for RDA properties
$
4,828
$
2,012
$
402
$
402
$
402
$ 402
5
402
Old Library redevelopment
Stanley Sonitrol
Fire alarm monitoring
$
485
$
243
5 243
CDC properties
Sweetwater Authority
Water including irrigation RDA properties
$
14,961
$
6,250
$
1,250
$
1,250
$
1,250
S 1,250
$
1,250
Palm Plaza
National Construction Rental
Temporary fencing of RDA site
5
791
$
791
$
791
125
Binding Agreements/Contracts,
Administrative Expenses and Associated
126 Obligations
127
Administrative Expenses and Associated
Obligations
City of National City (subject to labor contract and
other agreements and associated obligations that
include CalPERS, PARS, Health Care Contracts, TriStar,
Alliant-Insurance
Personnel Cost (Reimbursement Agreement)
$
1,508,879
$
754,439
$ 125,740_
$ 125,740
$ 125,740
$ 125,740
$ 125,740
$ .
125,740
4
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
143
149
150
151
152
153
154
Project N amelOb ligation
Payec(s)
City of National City
Amended Initial Recognized Obligations Payment Schedule
January 1, 2012 -June 30, 2012
Description
Total TL03ond
Obligation
6 Month Total
Januar
February
Payment Date Thru June 30, 2012
March
April
May
EXHIBIT A
June
Reimbursement Agreement
City of National City
Overall Reimbursement Agreement executed
between the CDC and City of National City
5
5,442,827
Cooperation Agreement -Overall
City of National City
Agreement for City to Implement CIP
Program
5
55,226,623
Cooperation Agreement-WI-TOD
City of National City
Agreement for City to Implement WI-TOD
Project
5
40,000,000
Cooperation Agreement- SR54
City of National City
Agreement for City to Implement Gateway
SRS4 Project
$
2,500,000
Low Moderate Income Housing Fund
Housing Authority
Projected LMIHF through the life of the
agency
$
75,901,324
Housing Element
Housing Authority
State ,Mandates/Goals for Housing
Housing Admin Expenses
Housing Authority
Personnel Cost (Reimbursement Agreement)
5
108,920
$
108,92D
$
18,153
$
18,153
$ 18,153
$ 18,153
$ 18,153
5
18,153
Housing Admin Expenses
Housing Authority
Budget needs to be established for separate
agency based on housing obligations
TBD
Oversight Board Admin
Successor Agency/City of National City (Budget TBD)
Provide support for Oversight Board and
other obligations of the County and State
related to the dissolution
TBD
-
Joint Powers Financing Authority (JPFA(
Agency Admin Expenses
County of San Diego
Environmental Oversight Remediation and
Testing for Education Village, ACF, 2501
Cleveland, 835 Bay Marina Drive
$
182,415
$
3,600
$ 1,800
$
1,800
Agency Admin Expenses
GeoSyntec Consultants
5
33,000
$
15,000
$ 2,000
$ 500
$ 15,000
$
500
Graffiti Abatement Program
ACF Uniform
Supplies (Graffiti)
$
200
$
40
$ 40
$ 40
$ 40
$
40
Graffiti Abatement Program
Boot World Inc
Supplies (Graffiti)
5
250
$
50
$ 50
$ 50
$ 50
$
_
50
Graffiti Abatement Program
CA Air Compressor Co.
Supplies (Graffiti)
5
2,500
$
500
$ 500
$ 500
$ 500
$
500
Graffiti Abatement Program
Maintex
Supplies (Graffiti)
5
1,000
$
200
$ 200
$ 200
$ 200
$
200
Graffiti Abatement Program
Western Hose & Gasket
Supplies (Graffiti)
$
500
$
100
$ 100
$ 100
$ 100
$
100
Graffiti Abatement Program
Smart & Final
Supplies (Graffiti)
$
500
$
100
$ 100
$ 100
$ 100
$
100
Graffiti Abatement Program
Prudential Overall Supply
Laundry (Graffiti)
$
240
$
48
$ 48
$ 48
$ 48
$
48
Graffiti Abatement Program
San Diego Trolley Inc
Flagging Services (Graffiti)
$
275
$
55
$ 55
$ 55
$ 55
$
55
Graffiti Abatement Program
Pro Build
Supplies (Graffiti)
$
1,000
$
200
$ 200
$ 200
$ 200
$
200
Graffiti Abatement Program
Vista Paint
Supplies (Graffiti)
$
15,500
$
3,100
$ 3,100
$ 3,100
$ 3,100
$
3,100
Graffiti Abatement Program
Westflex Industrial
Supplies (Graffiti)
$
-
Agency Admin Expenses
Keagy
Real Estate Appraisal Services
$
15,000
$
15,000
$ 15,000
Agency Admin Expenses
PGP
Real Estate Appraisal Services
5
15,000
5
15,000
$ 15,000
Agency Admin Expenses
Ken Carpenter
Real Estate Appraisal Services
5
15,000
5
15,000
5 15,000
Agency Admin Expenses
HdL Coren & Cone
Financial Analysis
5
40,000
$
40,000
5
-
$
-
$ -
5 -
5 -
$
40,000
Agency Admin Expenses
Keyser Marston Associates
Economic Analysis per 33433
$
50,000
$
-
Agency Admin Expenses
Urban Futures
Financial and bond adviser
$
40,000
$
10,000
$ 3,333
$ 3,333
$
3,333
Agency Admin Expenses
Port of San Diego
Joint Planning
$
31,696
$
31,596
$
31,696
Agency Admin Expenses
GeoSyntec Consultants
PSI Environmental Investigation
$
59,946
$
-
Agency Admin Expenses
Tierra West Advisors
Westside Amortization
$
18,059
$
-
Agency Admin Expense3
SANDAL,
Membership
$
7;500
$
-
1E5
156
157
158
159
160
161
162
163
164
165
166
157
158
169
170
171
172
173
174
175
176
177
178
179
City of National City
Amended Initial Recognized Obligations Payment Schedule
January 1, 2012 - tune 30, 2012
Description
Total TI/Bond
Obl,,,o0nn
February
Payment Date Thru June 30, 2012
March
April
May
EXI-lBrt A
June
Agency Admin Expenses
CRA
Membership
$
827
$
827
$ 827
Agency Admin Expenses
Tyler Technologies
Financial Systems Software Services
$
3,000
$
3,600
$
G00
$ 600
$ 600
$ 600
$ 600
$
600
Agency Admin Expenses
Staples
Office Supplies
$
2,500
$
1.200
$
200
$ 200
$ 200
$ 200
$ 200
$
200
Agency Admin Expenses
Federal Express
Delivery Service I
$
900
5
133
$ 21
$ 21
5 3S
$ 35
5
21
Agency Admin Expenses
San Diego Clipping Service
Record Keeping
$
707
5
-
Agency Admin Expenses
City of San Diego
Admin services for SD Regional Enterprise
Zane
$
S1,000
$
51,000
$ 51,000
Agency Admin Expenses !Union
Trihune
Public Notici ng
S
$
10000
Agency Admin Expenses Yolanda Teresa Lopez
Translation and Interpretation Sereires
450
Agency Admin Expenses Rick Engineering
Bay Marina Drive engineering
5
2.288
$
2,288
$
-
$ 2,288
$ -
$ -
$
$
-
Agency Admin Expenses
San Diego Association of Governments
Grant match
>
20,000
$
10,000
$
-
$ 10,000
$
$ -
5 -
5
-
Agency Admin Expenses
Calsrans
Grant match
>
300,000
$
300,000
$
-
5 _ - -
$ -
$ 150,000
5 150,000
$
-
Agency Legal Expenses
Kane, Pallmer, & Berkman
tegal support for state actions on
Redevelopment
5
11,249
$
11,249
$ 4,749
$ 6,500
Agency Legal Expenses
Sohagi Law Group
Litigation CYAC, Nunez
$
101,000
$
80,000
$ 20,000
$ 20,000
$ 20,000
$
20,000
Agency Legal Expenses
Opper & Varco, LLP
Litigation for Education Village
$
13,000
$
7,800
5 1,300
$ 2,000
$ 1,500
$ 1,500
$
1,500
Agency Legal Expenses
Christensen & Spath, LLP
Lirigaton for ARE Holdings
5
150,000
$
46,000
5 9,200
$ 9,200
$ 9,200
$ 9,200
5
9,200
Agency Legal expenses
Best Best & Krieger, LLP
Litiga Jon CYAC
$
210,001
$
134,000
S 59,000
$ 31,500
$
37,500
Agency Legal Expenses
Christensen & Spath, LLP
Litigation Barrerra
5
150,000
$
- 120,000
$
20,000
$ 20,000
$ 20,000
$ 20,000
$ 215000
5
20,000
Agency Legal Expenses
Mazzarella Lorenzana
Minimize CYAC Liability -Indemnity
5
250,000
$
100,000
$ 20,000
$ 20,000
$ 20,000
$ 20,000
5
20,000
Agency On call Services
Project Professionals Corporation
On -call Engineering
$
300,000
$
300,000
$
20,000
$ 40,000
$ 60,000
$ 60,000
5 60,000
$
60,000
Agency On -call Services
Kimley-Horn & Associates
On -call Engineering
5
300,000
$
300,000
$
20,000
$ 40,000
$ 60,000
$ 60,000
3 60,000
S
60,000
Agency On -call Services
Harris & Associates
On call Engineering
$
300,000
$
300,000
$
20,000
$ 40,000
$ 60,000
$ 60,000
S 60,000
$
60,000
Agency On -call Services
Bureau Veritas North America
On call Engineering
$
300,000
$
300,000
$
20,000
$ 40,000
$ 60,000
$ 60,000
S 60,000
$
60,000
Agency On call Services
D-MAX Engineering
On call stormwater compliance
$
200,000
$
120,000
$
20,000
$ 20,000
$ 20,000
$ 20,000
$ 20,000
$
20,000
Agency On -call Services
Esgil Corporation
On call plan review/inspections
$
240,000
$
240,000
$ 40,000
$ 40,000
$ 40,000
$ 40,000
$ 40,000
$
40,000
180
181 Housine Admin Expenses
182
183
184
185
186
187
188
189
MAAC Project- Tecolote Court
City of National City (Housing Authority)
Monitor Affordability Covenants
1602 Euclid
City of National City (Housing Authority)
Monitor Affordability Covenants
Park Villas Apartments
City of National City (Housing Authority)
Monitor Affordability Covenants
Copper Hills Apartments
City of National City (Housing Authority)
Monitor Affordability Covenants
Plaza City Apartments
City of National City (Housing Authority)
Monitor Affordability Covenants
Habitat for Humanity- G Ave
City of National City (Housing Authority)
Monitor Affordability Covenants
Casa Familiar
City of National City (Housing Authority)
Monitor Affordability Covenants
Monitoring Cost
City of National City (Housing Authority)
Monitor Affordability Covenants
6
COMMUNITY DEVELOPMENT COMMISSION
AGENDA STATEMENT
National City, California
• MEETING DATE January 31, 2012
•
•
AGENDA ITEM NO.
8
ITEM TITLE Resolution of the Community Development Commission of the City of National
approving the appropriation in the amount of $1,474,000.61 from un-appropriated fund balance to
pay enforceable obligations as listed on the Enforceable Obligation Payment Schedule (EOPS)
PREPARED BY Barby Tipton
EXPLANATION
DEPARTMENT
Engineering
2.
EXT. 4583
The Community Development Commission wishes to appropriate the Tax Increment fund balance
to the EOP Obligation account in order to pay enforceable obligations.
Environmental Review X N/A
MIS Approval
Financial Statement
Approved By:
Funds are available in account 511-2601 to appropriate 1,474,000.61 to
598-9083 (EOPS Obligations)
FinanceDirector
count 511-409-500-
Account No
STAFF RECOMMENDATION
Adopt the Resolution.
BOARD / COMMISSION RECOMMENDATION
ATTACHMENTS (Listed Below) Resolution No.
1. Resolution
RESOLUTION NO. 2012 —
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY AUTHORIZING AN APPROPRIATION
IN THE AMOUNT OF $1,474,000,61 FROM THE UNAPPROPRIATED
FUND BALANCE TO PAY ENFORCEABLE OBLIGATIONS AS IDENTIFIED
ON THE ENFORCEABLE OBLIGATION PAYMENT SCHEDULE ("EOPS")
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes an appropriation in the amount of $1,474,000.61 from the
unappropriated fund balance to pay enforceable obligations as identified on the
Enforceable Obligation Payment Schedule ("EOPS").
PASSED and ADOPTED this 31st day of January, 2012.
Ron Morrison, Chairman
ATTEST:
Brad Raulston, Secretary
APPROVED AS TO FORM:
Claudia Gacitua Silva
CDC General Counsel