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HomeMy WebLinkAboutResolutionRESOLUTION NO. 2011 — 41 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ("CDC") AUTHORIZING THE CDC TO ENTER INTO A COOPERATION AGREEMENT WITH CITY OF NATIONAL CITY FOR PAYMENT OF CERTAIN CAPITAL IMPROVEMENT COSTS UNTIL JUNE 30, 2016 AND AN OPTION AGREEMENT REGARDING PROPERTIES OWNED BY THE CDC, AND PLEDGING SECURITY INTERESTS OF THE CDC, AND MAKING CERTAIN DETERMINATIONS AND FINDINGS RELATED THERETO WHEREAS, the City Council adopted the Redevelopment Plan for National City Redevelopment Project on July 17, 2007, by Ordinance No. 2007-2295 (the "Redevelopment Plan"), which results in the allocation of a portion of the property taxes generated from the National City Redevelopment Project (the "Project Area") to the Community Development Commission of the City of National City ("CDC") for purposes of redevelopment; and WHEREAS, the intent of the Redevelopment Plan is, in part, to provide for the construction and installation of necessary public infrastructure and facilities and to facilitate the repair, restoration and/or replacement of existing public facilities and to perform specific actions necessary to promote the redevelopment and the economic revitalization of the Project Area; to increase, improve and preserve the community's supply of low and moderate income housing; to take all other necessary actions to implement the Redevelopment Plan; and to expend the CDC's share of property taxes (referred to as "tax increment") to accomplish the goals and objectives of the Redevelopment Plan; and WHEREAS, the CDC has adopted its Five -Year Implementation Plan for the Project Area, as amended from time to time (collectively, the "Implementation Plan") with established goals to support affordable housing, economic development, community revitalization, commercial revitalization, and institutional revitalization. To implement the programs and activities associated with each goal, the CDC has made redevelopment fund commitments and budget allocations based on estimated available tax increment revenue and debt financing structures; and WHEREAS, the City and CDC wish to cooperate with one another to bring about the redevelopment of the Project Area and accomplish various tasks set forth in the Redevelopment Plan and the Implementation Plan; and WHEREAS, pursuant to Section 33220 of the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.) (the "CRL") certain public bodies, including the City, may aid and cooperate in the planning, undertaking, construction, or operation of redevelopment projects; and WHEREAS, the CDC and City desire to enter into a Cooperation Agreement (the "Agreement") to provide for implementation of certain public infrastructure projects (the "Projects"), under which payments will be made by the CDC to the City as otherwise necessary to reimburse the City for the cost to the City of installing and constructing the Projects; and WHEREAS, the programs and activities associated with the Projects include, but are not limited to, development of design criteria, design, planning, preparation of construction bid documents, financial analysis, financing, and new construction or rehabilitation; and Resolution No. 2011 — 41 Page 2 WHEREAS, the obligations of the CDC under the Agreement shall constitute an indebtedness of the CDC of $55,226,623 for the purpose of carrying out the Redevelopment Plan for the Project Area; and WHEREAS, it is in the best interests of the City and for the common benefit of residents, employees, business tenants and property owners within the Project Area and the City as a whole for the Projects to be developed and constructed in accordance with the Agreement; and WHEREAS, the Agreement shall require the City to comply with Public Resources Code Sections 21000 et seq. ("CEQA") before undertaking each Project and, pursuant to CEQA Guideline Section 15378(b)(4), approval of the Agreement is not a project subject to the California Environmental Quality Act ("CEQA"), because the Agreement consists of the creation of a governmental funding mechanism for various public improvements, but does not commit funds to any specific public improvement, in that environmental review required by CEQA shall be completed prior to the commencement of any public improvement listed in the Agreement; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED by the Community Development Commission of the City of National City as follows: Section 1. The CDC has received and heard all oral and written objections to the Agreement, and to other matters pertaining to this transaction, and all such oral and written objections are hereby overruled. Section 2. The CDC hereby finds and determines that the foregoing recitals are true and correct. Section 3. Based on the evidence in the record, the CDC hereby finds and determines, with respect to the Projects that are publicly owned and are located in or contiguous to the Project Area as identified in the Agreement, that: (a) Said Projects and the programs and activities associated therewith are of benefit to the Project Area by helping to eliminate blight within the Project Area or providing housing for low- or moderate income persons; and (b) No other reasonable means of financing said Projects and the programs and activities associated therewith are available to the community; and (c) The payment of funds by the CDC for the costs related to said Projects and the programs and activities associated therewith is consistent with the respective Implementation Plan adopted pursuant to Section 33490 of the CRL. Section 4. The Chairman is hereby authorized to execute the Agreement on behalf of the CDC, together with such non -substantive changes and amendments as may be approved by the Chairman and CDC General Counsel. Resolution No. 2011 — 41 Page 3 Section 5. The CDC's Executive Director, or designee, is hereby authorized, on behalf of the CDC, to sign all documents necessary and appropriate to carry out and implement the Agreement, including, without limitation, any security instruments to be recorded against CDC assets to secure the CDC's obligations under the Agreement, and to administer the CDC's obligations, responsibilities and duties to be performed under the Agreement. Section 6. The CDC authorizes the transfer of up to $55,226,623 of net tax increment funds from the CDC to the City, as set forth in the Agreement. Section 7. In the event the CDC desires to issue bonds, notes, or other instruments of indebtedness of the CDC to carry out redevelopment projects, then any indebtedness of the CDC to the City, including any interest accrued thereon, shall be deemed not to be a first pledge of tax increment allocations received by the CDC pursuant to Section 33670 of the CRL; and any indebtedness of the CDC to the City, including any interest accrued thereon, shall be subordinate to any pledge of tax increments to bondholders or the holders of other such instruments of indebtedness. Section 8. Said Cooperation Agreement is on file in the office of the City Clerk. Section 9. This Resolution shall take effect immediately upon its adoption. PASSED and ADOPTED this 15th day of February, 2011. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: Claudia G. Silva CDC General Counsel