HomeMy WebLinkAboutResolutionRESOLUTION NO. 2011 — 59
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF NATIONAL CITY ("CDC') AUTHORIZING THE CHAIRMAN
TO EXECUTE A SEWER LOAN REPAYMENT AGREEMENT WITH
THE CITY OF NATIONAL CITY FOR A PORTION OF THE REPAYMENT
OF THE SEWER FUND LOAN USED FOR STREET RESURFACING, AND
MAKING CERTAIN DETERMINATIONS AND FINDINGS RELATED THERETO
WHEREAS, the City Council of the City of National City (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 (the
"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, 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;
and 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 Resolution No. 2010-148 (the "Resolution"), the CDC
agreed to provide partial funding for the City's Street Resurfacing Improvement Program for
fiscal year 2010-2011 to repair curbs, gutters, sidewalks, driveways, and pedestrian crossings,
and provide traffic striping and signage in the Project Area (the "Program"). The Resolution
authorized the expenditure of Seven Hundred Seventy One Thousand Two Hundred Fifty
Dollars and 00/100 ($771,250.00.00) of tax increment funds to reimburse the City's interim loan
from its Sewer Funds to complete the Program as the CDC's contribution to the cost of the work
associated with the Program (said amount referred to as the "CDC's Funding Obligation"); and
WHEREAS, pursuant to Section 33220 of the California Community
Redevelopment Law (Health and Safety Code Section 3300, 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
Resolution No. 2011 — 59
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WHEREAS, the CDC and City desire to enter into a Loan Agreement (the
"Agreement") to provide for implementation of the Program, 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 Program; and
WHEREAS, the obligations of the CDC under the Agreement shall constitute an
indebtedness of the CDC 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 Program 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 the Program 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 Commission 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 Program that:
(a) Said 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 Program and the
programs and activities associated therewith are available to the community; and
Resolution No. 2011 — 59
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(c) The payment of funds by the CDC for the costs related to said
Program 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 CDC's Chairman, or designee, 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 CDC's Executive Director and CDC General Counsel.
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. 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 7. Said Agreement is on file in the office of the City Clerk.
Section 8. This Resolution shall take effect immediately upon its adoption.
PASSED and ADOPTED this lst day of March, 2011.
Ron Morrison, Chairman
ATTEST:
Brad Raulston, Secretary
APPROVED AS TO FORM:
Claudia G. Silva
CDC General Counsel