HomeMy WebLinkAbout17 COOPERATIVE AGMT BETWEEN THE CITY OF TUSTIN & TUSTIN COMMUNITY REDEVELOPMENT AGENCYAGENDA REPORT
Agenda Item ll
Reviewed:
Finance Director
MEETING DATE: FEBRUARY 1, 2011
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
HONORABLE CHAIR AND BOARD MEMBERS OF TUSTIN
COMMUNITY REDEVELOPMENT AGENCY ("AGENCY")
VIA: DAVID C. BIGGS, CITY MANAGER & AGENCY EXECUTIVE DIRECTOR
FROM: CHRISTINE SHINGLETON, ASSISTANT CITY MANAGER
SUBJECT: COOPERATION AGREEMENT BETWEEN THE CITY OF TUSTIN AND
TUSTIN COMMUNITY REDEVELOPMENT AGENCY FOR CERTAIN
COSTS ASSOCIATED WITH CAPITAL IMPROVEMENTS, PUBLIC
IMPROVEMENTS, AFFORDABLE HOUSING PROJECTS, AND
ADMINISTRATIVE PROGRAM SUPPORT SERVICES DIRECTLY
BENEFITTING THE THREE REDEVELOPMENT PROJECT AREAS IN
TUSTIN
SUMMARY
Approval is requested for the Tustin Community Redevelopment Agency ("Agency") to
enter into a contract with the City of Tustin ("City") for the City's performance of certain
eligible activities on behalf of the Agency directly benefitting three (3) Redevelopment
Project Areas in Tustin.
RECOMMENDATION
It is recommended that the City Council:
1. Adopt Resolution No. 11-07 approving and authorizing the Mayor to execute a
"Cooperation Agreement For Payment of Costs Associated with Certain RDA Funded
Capital Improvements, Public Improvements, Affordable Housing Projects, and
Administrative Program Support Services", and making certain determinations and
findings related thereto.
City Council /Agency Report
February 1, 2011
COOPERATION AGREEMENT
Page 2
It is recommended that the Agency:
1. Adopt Resolution No. 11-01 approving and authorizing the Chairman on behalf of the
Agency to execute the "Cooperation Agreement For Payment of Costs Associated with
Certain RDA Funded Capital Improvements, Public Improvements, Affordable Housing
Projects, and Administrative Program Support Services", for the City to implement the
work program on behalf of the Agency upon any conclusion of the Agency's statutory
authority, and make certain determinations and findings related thereto.
FISCAL IMPACT
The proposed actions are consistent with the City Council and Agency approved current
FY 2010-11 Budget and the work programs contained in each Redevelopment Project
Area Implementation Plan. Each of the redevelopment programs and activities are
outlined in Exhibit 1 of the proposed Cooperation Agreement and are more fully
described in the respective Five Year Implementation Plan for the Project Area,
previously approved by the Agency and City following duly noticed public hearings. The
action will contractually commit available resources and projected Net Tax Increment
from each of the Redevelopment Project Areas from FY 2010-11 though FY 2014-2015
(approximately $155.4 million) to the extent that such funds are realized and available.
The source of Agency funds includes tax increment, bond proceeds, low and moderate
income housing funds, and any Agency special revenues. There is no adverse impact
on the City's General Fund as the result of this action; Agency funds will flow to the City
to implement the Agreements.
BACKGROUND/DISCUSSION
The Agency has three (3) Redevelopment Project Areas within the City: Town Center,
South Central and MCAS Tustin. On November 16, 2010, the Agency adopted its
Fourth Five Year Implementation Plan for the period of FY 2010-11 through 2014-2015
for the Town Center and South Central Project Areas and on August 5, 2008, adopted
its Second Five Year Implementation Plan for the MCAS Tustin Project Area for the
period of FY 2008-2009 through FY 2012-2013 (collectively, the "Plans"). The Town
Center and South Central Project Implementation Plans established goals and specific
programs and activities associated with each goal to support neighborhood
improvement, economic development, public infrastructure and community facilities,
administrative program support, and affordable housing. The MCAS Tustin Project
Implementation Plan established goals and specific programs and activities associated
with each goal to support acquisition, disposition and development coordination, public
improvements and facilities, demolition and site clearance, economic development,
environmental remediation, administrative program support and affordable housing.
These identified programs, projects and activities will accelerate the economic recovery
of the City, and well as ensure the creation of locally based, quality jobs.
City Council /Agency Report
February 1, 2011
COOPERATION AGREEMENT
Page 3
For each of the programs and activities identified in each of the Project Area
Implementation Plans, the Agency made redevelopment fund commitments totaling
approximately $155.4 million, based on a variety of assumptions regarding the growth in
tax increment, borrowing costs, timing of borrowing, existing debt financing structures,
state grabs of local funds (SERAF payments), leveraging opportunities and state law.
The Agency and City on September 7, 2010, authorized the execution of a Working
Capital Loan and Administrative Services Agreement providing working capital to the
Agency and administrative support from the City to support implementation activities
associated with each Project Area, and has numerous administrative and capital project
cooperation agreements already of record and included on the City's annual Statement
of Indebtedness filed with the County. However, with the Governor's proposed state
budget package and proposals for FY 2011-2012, which include elimination of
redevelopment agencies "to realign the delivery of state services to counties and local
governments" and eliminate a projected state deficit of $25.4 billion, the Agency's ability
to carry out its established objectives and identified programs and activities will be
severely limited. Historically, the Agency has successfully partnered with the City to
effectuate a work program. Pursuant to California Redevelopment Law, Health and
Safety Code Section 33220, certain public bodies, including the City, may aid and
cooperate with the Agency in planning, undertaking, construction and operation of
redevelopment projects. Building on our past success in this regard, the Agency
desires assistance and cooperation from the City in implementation and completion of
the programs and activities identified in each Project Area Implementation Plan.
By entering into a Cooperation Agreement, the Agency will pledge its unencumbered
assets and resources in the current FY 2010-11 Budget, expected project expenditures
programmed in each Project Area Implementation Plan, and the Net Tax Increment
(defined as gross tax increment, less county administrative fees, statutory pass
throughs, debt service and other contractual obligations) from FY 2011- 12 through FY
2014-2015 to protect and secure existing obligations and to acquire, construct, develop,
and implement projects specified in the approved budget and spending plans identified
in each Implementation Plan. The purpose of the Cooperation Agreement is to facilitate
the implementation of those activities pursuant to the terms and conditions outlined in
the Cooperation Agreement. Both the City and Agency need flexibility to fund the
Agency's existing debt obligations and to reaffirm the Agency's obligations and
appropriations of funding.
A copy of the Cooperation Agreement is attached for Council and Agency consideration.
City Council /Agency Report
February 1, 2011
COOPERATION AGREEMENT
Page 4
Environmental Review
Given the nature of the recommended action (entering into a cooperative agreement for
the payment of the cost associated with potential future redevelopment activities),
conducting analysis under the California Environmental Quality Act (CEQA) is
premature at this time and is not currently required. It should be noted that anticipated
developments within each of the Agency's three Redevelopment Project Areas were
evaluated at a program level as part of the redevelopment plan adoption and
amendment processes, pursuant to provisions of CEQA. In addition, each individual
capital improvement, public improvement ,community facility, or affordable housing
project (that involves development activity) listed in the Cooperation Agreement has
already been or will be reviewed separately in full compliance with the requirements of
CEQA, unless excempted, prior to project approval and/or implementation.
Approved for Forwarding By:
a'
~~
Christine A. Shingleton
Assistant City Manager
~ ~~ -•~
-e ~ /.
David C. Biggs
City Manager
Attachments: Cooperation Agreement
City Council Resolution No. 11-07
RDA Resolution No. 11-01
COOPERATION AGREEMENT
FOR PAYMENT OF COSTS ASSOCIATED WITH
CERTAIN REDEVELOPMENT AGENCY FUNDED
IMPLEMENTATION PLAN PROGRAMS, PROJECTS AND
ACTIVITIES INCLUDING BUT NOT LIMITED TO CAPITAL
IMPROVEMENTS, PUBLIC IMPROVEMENTS AND
COMMUNITY FACILITIES, AFFORDABLE HOUSING
PROJECTS, AND OTHER ADMINSTRATIVE PROGRAM
SUPPORT ACTIVITIES
THIS COOPERATION AGREEMENT (the "Agreement") is entered into this 1st
day of February, 2011, by and between the CITY OF TUSTIN (the "City") and the
TUSTIN COMMUNTIY REDEVELOPMENT AGENCY (the "Agency"), with reference to
the following facts:
A. The City Council (the "City Council") of the City has adopted three (3)
Redevelopment Project Areas (the MCAS Tustin Project, the Town Center Project, and
the South Central Project, collectively, the "Project Areas"), which result in the
allocation of taxes from the Project Areas to the Agency for purposes of redevelopment.
B. The intent of the Redevelopment Plans are, 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 Areas; and to increase, improve and preserve the
community's supply of low and moderate income housing, some of which may be
located or implemented outside the Project Areas; and to take all other necessary
actions to implement the redevelopment plans for the respective Project Areas and to
expend tax increment to accomplish the goals and objectives of the respective
redevelopment projects.
C. The Agency has adopted its Five-Year Implementation Plans for the Project
Areas, as amended from time to time (collectively, the "Implementation Plans") 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 Agency has made
redevelopment fund commitments and budget allocations based on estimated available
tax increment revenue and debt financing structures.
D. 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. Collectively, the programs, projects and activities
associated with this Agreement are listed in the attached Exhibit 1, which are
Cooperation Agreement
Page 1 of 7
incorporated herein by this reference (the "Projects"). The programs and activities
associated with the Projects include, but are not limited to, acquisition and disposition
and development coordination of property, demolition and site clearance, environmental
remediation, design, planning, preparation of construction bid documents, financial
analysis, financing and new construction or rehabilitation of structures and public
improvements and community facilities, neighborhood improvement activities, economic
development and administrative program support. To carry out the Projects in
accordance with the objectives and purposes of the redevelopment plans for the Project
Areas and the Implementation Plans, the Agency desires assistance and cooperation in
the implementation and completion of the Projects. The City agrees to aid the Agency
and cooperate with the Agency to expeditiously implement the Projects in accordance
with the redevelopment plans for the Project Areas and the Implementation Plans and
undertake and complete all actions necessary or appropriate to ensure that the
objectives of the redevelopment plans for the Project Areas and the Implementation
Plans are fulfilled within the time effectiveness of the Project Areas.
E. In considering the Agency's desire to ensure timely implementation and
completion of the Projects, the Agency wishes to enter into this Agreement with the City
for the pledge of net available tax increment to finance the Projects. The purpose of this
Agreement is to facilitate the implementation of the Projects and to provide funding
necessary to effectuate the completion of the Projects with net available tax increment
in this current fiscal year and forthcoming fiscal years.
F. Net available tax increment is defined as any tax increment, net of existing debt
service payments, and existing contractual obligations received by the Agency or any
lawful successor of the Agency and/or to any of the powers and rights of the Agency
pursuant to any applicable constitutional provision, statute or other provision of law now
existing or adopted in the future. The pledge of net available tax increment will
constitute obligations to make payments authorized and incurred pursuant to Section
33445 and other applicable statutes. The obligations set forth in this Agreement will be
contractual obligations that, if breached, will subject the Agency to damages and other
liabilities or remedies.
G. The City Council and the Agency by resolutions have each found that the use of
Agency redevelopment funding for the Projects is in accordance with Sections 33445
and 33445.1 of the CRL and other applicable law. The said City Council and Agency
resolutions are each based on the authority of the Agency, with the consent of the City
Council, to pay all or part of the cost of the installation and construction of any building,
facility, structure, or other improvements which are publicly owned either within or
outside a Project Area, if the City Council makes certain determinations.
H. The City Council and the Agency by resolutions have each previously found that
the use of the Agency's low and moderate income housing fund for the Projects located
outside of the Project Areas is in accordance with Section 33334.2 of the CRL because
the use of such funds will be of benefit to the Project Areas.
Cooperation Agreement
Page 2 of 7
I. By approving and entering into this Agreement, the Agency has approved the
pledge of net available tax increment from the Project Areas to pay for the Projects.
J. The obligations of the Agency under this Agreement shall constitute an
indebtedness of the Agency for the purpose of carrying out the Redevelopment Plan for
the Project Areas.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
INTRODUCTORY PROVISIONS
The recitals above are an integral part of this Agreement and set forth the
intentions of the parties and the premises on which the parties have decided to enter
into this Agreement.
II. AGENCY'S OBLIGATIONS
1. The Projects are those projects which are listed on the attached Exhibit 1.
The Agency agrees to pay to the City an amount equal to the cost to the City to carry
out the Projects, including without limitation all costs incurred by the City for the
planning, acquisition and disposition, financing, development, permitting, design, site
testing, bidding, construction and construction management of the Projects. The
Agency's obligations under this Agreement, including without limitation the Agency's
obligation to make the payments to the City required by this Agreement, shall constitute
an indebtedness of the Agency for the purpose of carrying out the redevelopment of the
Project Areas and are obligations to make payments authorized and incurred pursuant
to Sections 33445 and 33445.1 of the CRL and other applicable statutes. The
obligations of the Agency set forth in this Agreement are contractual obligations that, if
breached, will subject the Agency to damages and other liabilities or remedies.
2. The obligations of the Agency under this Agreement shall be payable out
of net available tax increment, as defined in the above recitals and/or as defined or
provided for in any applicable constitutional provision, statute or other provision of law
now existing or adopted in the future, levied by or for the benefit of taxing agencies in
the Project Areas, and allocated to the Agency and/or any lawful successor entity of the
Agency and/or any entity established by law to carry out any of the redevelopment plans
for the Project Areas and/or expend tax increment or pay indebtedness of the Agency to
be repaid with tax increment, pursuant to Section 33670 of the CRL or any applicable
constitutional provision, statute or other provision of law now existing or adopted in the
future, in amounts not less than those set forth in the payment schedule included in
Exhibit 1 and incorporated herein by this reference.
3. The indebtedness of Agency under this Agreement shall be subordinate to
the rights of the holder or holders of any existing bonds, notes or other instruments of
Cooperation Agreement
Page 3 of 7
indebtedness (all referred to herein as "indebtedness") of the Agency incurred or issued
to finance the Project Areas, including without limitation any pledge of tax increment
revenues from the Project Areas to pay any portion of the principal (and otherwise
comply with the obligations and covenants) of any bond or bonds issued or sold by
Agency with respect to the Project Areas.
4. All payments due to be made by the Agency to the City under this
Agreement shall be made by the Agency in accordance with the schedule set forth in
Exhibit 1 and as otherwise necessary to reimburse the City for the cost to the City of
performing its obligations hereunder. The City shall provide the Agency with a quarterly
report accompanied by evidence reasonably satisfactory to the Agency's Executive
Director that the City has progressed in the development and construction of the
Project(s) for which payment is made by the Agency commensurate with such
payments and has incurred costs or obligations to make payments equal to or greater
than such amount.
III. CITY'S OBLIGATIONS
1. The City shall accept any funds offered by the Agency pursuant to this
Agreement and shall devote those funds to completion of the Projects by (i) reimbursing
the City or using such funds to make City expenditures to perform the work required to
carry out and complete the Projects; (ii) utilizing such funds to pay debt service on
bonds or other indebtedness or obligations that the City has or will incur for such
purposes; and/or (iii) paying such funds into a special fund of the City to be held and
expended only for the purpose of satisfying the obligations of the City hereunder.
2. It is the responsibility of the City to pay all development and construction
costs in connection with the Projects, and costs associated with the Agency's transfer of
its real estate assets to the City from funds paid to the City by the Agency under this
Agreement.
3. The City shall perform its obligations hereunder in accordance with the
applicable provisions of federal, state and local laws, including the obligation to comply
with environmental laws such as CEQA, and shall timely complete the work required for
each Project in accordance with the schedule identified in Exhibit 1 and incorporated
herein by this reference.
IV. LIABILITY AND INDEMNIFICATION
In contemplation of the provisions of California Government Code Section 895.2
imposing certain tort liability jointly upon public entities solely by reason of such entities
being parties to an agreement as defined by Government Code Section 895, the parties
hereto, as between themselves, pursuant to the authorization contained in Government
Code Sections 895.4 and 895.6, shall each assume the full liability imposed upon it, or
any of its officers, agents or employees, by law for injury caused by negligent or
Cooperation Agreement
Page 4 of 7
wrongful acts or omissions occurring in the performance of this Agreement to the same
extent that such liability would be imposed in the absence of Government Code Section
895.2. To achieve the above-stated purpose, each party indemnifies, defends and
holds harmless the other party for any liability, losses, cost or expenses that may be
incurred by such other party solely by reason of Government Code Section 895.2.
V. ENTIRE AGREEMENT; WAIVERS; AND AMENDMENTS
1. This Agreement shall be executed in triplicate originals, each of which is
deemed to be an original. This Agreement constitutes the entire understanding and
agreement of the parties.
2. This Agreement integrates all of the terms and conditions mentioned
herein or incidental hereto, and supersedes all negotiations or previous agreements
between the parties with respect to the subject matter of this Agreement.
3. This Agreement is intended solely for the benefit of the City and the
Agency. Notwithstanding any reference in this Agreement to persons or entities other
than the City and the Agency, there shall be no third party beneficiaries under this
Agreement.
4. All waivers of the provisions of this Agreement and all amendments to this
Agreement must be in writing and signed by the authorized representatives of the
parties.
VI. SEVERABILITY
If any term, provisions, covenant or condition of this Agreement is held by a court
of competent jurisdiction to be invalid, void or unenforceable, the remainder of the
provisions shall continue in full force and effect unless the rights and obligations of the
parties have been materially altered or abridged by such invalidation, voiding or
unenforceability.
VII. DEFAULT
If either party fails to perform or adequately perform an obligation required by this
Agreement within thirty (30) calendar days of receiving written notice from the non-
defaulting party, the party failing to perform shall be in default hereunder. In the event
of default, the non-defaulting party will have all the rights and remedies available to it at
law or in equity to enforce the provisions of this contract, including without limitation the
right to sue for damages for breach of contract. The rights and remedies of the non-
defaulting party enumerated in this paragraph are cumulative and shall not limit the non-
defaulting party's rights under any other provision of this Agreement, or otherwise waive
or deny any right or remedy, at law or in equity, existing as of the date of the Agreement
or hereinafter enacted or established, that may be available to the non-defaulting party
Cooperation Agreement
Page 5 of 7
against the defaulting party. All notices of defaults shall clearly indicate a notice of
default under this Agreement.
VIII. BINDING ON SUCCESSORS
This Agreement shall be binding on and shall inure to the benefit of all
successors and assigns of the parties, whether by agreement or operation of law.
IX. RIGHT TO TERMINATION
The City shall have the right to terminate this Agreement in its sole discretion. In
addition, the City may eliminate any project identified in Exhibit 1, in the event that such
project is deemed not reasonable feasible.
X. TERM
This Agreement shall remain in effect until the City has completed the projects identified
and as may be amended from time to time.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
set forth above.
TUSTIN COMMUNITY
REDEVELOPMENT AGENCY
"AGENCY"
By:
JERRY AMANTE
CHAIRMAN
Signatures continue on the following page]
Cooperation Agreement
Page 6 of 7
CITY OF TUSTIN
"CITY"
By:
JERRY AMANTE
MAYOR
ATTEST:
PAMELA STOKER
City Clerk
APPROVED AS TO FORM:
By:
DOUG HOLLAND
CITY ATTORNEY
Cooperation Agreement
Page 7 of 7
EXHIBIT 1
SCHEDULE OF PROJECTS
PAYMENT SCHEDULE AND
PERFORMANCE SCHEDULE
•~ •.
•
• . . •.
•. ~
Yr. l Yr. 2 Yr. 3 Yr. 4 Yr. S
~ ~ " • 2010/11 2011/12 2012/13 2013/14 2014/15 I TOTAL
Neighborhood Improvement $188,750 $200,000 $3,970,000 $3,100,000 $1,220,000; $8,678,750
Economic Development $47,000 $1,000,000 $2,000,000 $2,000,000 $1,000,000 $6,047,000
Public Infrastructure & Community Facilities $626,755 $9,000,000 $4,950,000 $610,000 $500,000' $15,686,755
Administrative Program & Direct Costs $223,325 $299,540 $314,515 $330,240 $346,750 $1,514,370
Administrative Indirect Costs $312,200 $1,081,000 $1,157,300 $729,200 $429,9001 $3,709,600
TOTAL NON-HOUSING PROGRAMS $1,398,030 $11,580,540 $12,391,815 $6,769,440 $3,496,650; $35,636,475
• ••
1
Preservation of At-Risk Housing TBD 1 TBD 1 TBD 1 TBD 1 TBD 1; TBD'
Rehabilitation $93,000 $125,000 $175,000 $175,000 $175,000 $743,000
New Housing Construction
Neighborhoods of Tustin Town Center
Planning/Zoning $72,000 TBD 1 TBD 1 TBD 1 TBD 1; $72,000
Ownership Multifamily New Construction $0 TBD' TBD 1 TBD 1 TBD 1j $0
Multifamily Rental New
Construction/Acquisition and
Rehabilitation $0 TBD 1 TBD' TBD 1 TBD 1; $0
Tustin Legacy New Construction $0 $1,000,000 $1,000,000 TBD TBD. $2,000,000
First Time Homebuyers $0 $150,000 $250,000 $250,000 $250,000; $900,000
Homeless Assistance (CDBG-funded) $0 $0 $0 $0 $0; $0
Administrative & Operating Expenses $104,700 $125,000 $145,000 $165,000 $170,000 $709,700
TOTAL HOUSING PROGRAMS $269,700 $1,400,000 $1,570,000 $590,000 $595,000; $4,424,700
REQUIRED AGENCYPAYMENT1
($1,667,730}
{$12,980,540}
($13,961,815)
($7,359,440) 1
($4,091,650)1
($40,061,175}
1TBD -To Be Determined: Based on actual costs and will be additional draws aga inst the distribution of redevelo pment tax increment as costs
are incurred. Any and all balances remaining from prior years will be reallocated to projects in wh ich funding for commited projects is
required.
Z Program activities and projects outlined on the table are described in more detail in the Project A rea's most cur rent Five-Year
Implementation Plan, which is incorporated herein as though fully set forth.
~ .• •.
• • • •• ~~
~•
• . . •
Yr. 1 Yr. 2 Yr. 3 Yr. 4 Yr. S
~ • " • 2010/11 2011/12 2012/13 2013/14 2014/15 I TOTAL
Neighborhood Improvement $111,750 $550,000 $500,000 $500,000 $1,150,000', $2,811,750
Economic Development $32,000 $1,000,000 $2,000,000 $1,000,000 $500,0001 $4,532,000
Public Infrastructure & Community Facilities $169,350 $300,000 $1,500,000 $2,000,000 $500,000; $4,469,350
Administrative Program & Direct Costs $434,022 $200,000 $210,000 $225,000 $236,250' $1,305,272
Administrative Indirect Costs $374,200 $493,900 $766,000 $629,100 $457,000 $2,720,200
TOTAL NON-HOUSING PROGRAMS $1,121,322 $2,543,900 $4,976,000 $4,354,100 $2,843,250;
1 $15,838,572
• • 1
Preservation of At Risk Housing $0 $1,000,000 $1,000,000 $0 $0; $2,000,000
Rehabilitation $29,000 $40,000 $40,000 $40,000 $40,000 $189,000
New Housing Construction
Neighborhoods of Tustin Town Center
Planning/Zoning $9,000 TBD I TBD 1 TBD 1 TBD'; $9,000
Ownership Multifamily New Construction $0 TBD' TBD 1 TBD' TBD'1 $p
Multifamily Rental New 1
Construction/Acquisition and Rehabilitation $0 TBD 1 TBD' TBD' TBD'; $0
Tustin Legacy New Construction $0 $1,000,000 $1,000,000 $1,000,000 TBD' $3,000,000
First Time Homebuyer $0 $50,000 $50,000 $50,000 $50,000; $200,000
Homeless Assistance $10,000 $10,000 $10,000 $10,000 $10,000 $50,000
Administrative & Operating Expenses $93,450 $105,000 $130,000 $150,000 $170,000 $648,450
TOTAL HOUSING PROGRAMS $141,450 $2,205,000 $2,230,000 $1,250,000 $270,000; $6,096,450
REQUIRED AGENCY PAYMENT' ($1,262,772} ($4,748,900) ($7,206,000) ($5,604,100) ($3,113,250) ($21,935,022}
1TBD - To ee Determined: Based on actual costs and will be additional draws against the distribution of redevelopment tax increment as
costs are incurred. Any and all balances remaining from prior ye ars will be reallocated to proje cts in which fu nding for commited projects is
required.
z Program activities and projects outlined on the table are described in more detai l in the Project Area's most current Five-Year
Implementation Plan, which is incorporated herein as though fully set forth.
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H
RESOLUTION N0.11-07
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN APPROVING A COOPERATION AGREEMENT
AND MAKING CERTAIN DETERMINATIONS AND
FINDINGS RELATED THERETO
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TUSTIN AS
FOLLOWS:
A. The City Council ("City Council") of the City of Tustin ("City") has
adopted three (3) Redevelopment Project Areas (the MCAS Tustin Project, the Town
Center Project and South Central Project, collectively the "Project Areas"), which
results in the allocation of taxes from the Project Areas to the Redevelopment
Agency for the City of Tustin ("Agency") for purposes of redevelopment; and
B. The intent of the Redevelopment Plans are, 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 Areas; to increase, improve and preserve the
community's supply of low and moderate income housing, some of which may be
located or implemented outside the Redevelopment Project Areas; and to take all
other necessary actions to implement the Redevelopment Plans for the respective
Project Areas and to expend tax increment to accomplish the goals and objectives of
the respective redevelopment projects; and
C. The Agency has adopted its Five-Year Implementation Plans for the
Project Areas, as amended from time to time (the "Implementation Plans") 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 Agency has made
redevelopment fund commitments based on estimated available tax increment
revenue and debt financing structures; and
D. The Agency and the City wish to cooperate with one another to bring
about the redevelopment of the Project Areas and accomplish various tasks set forth
in the Redevelopment Plans and the Implementation Plans; and
E. 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
F. The Agency and the City have prepared a Cooperation Agreement (the
Resolution 11-07
Page 1 of 6
"Agreement") to provide for implementation of certain projects set forth in the
Programs, Projects and Activities attached thereto as Exhibit 1 (the "Projects"), and
to make payments by the Agency to the City in accordance with the Payment
Schedule included in Exhibit 1 and as otherwise necessary to reimburse the City for
the cost of performing its obligations thereunder in accordance with the schedule
also identified in Exhibit 1, subject to all of the terms and conditions of the
Agreement; and
G. The programs and activities associated with the Programs, projects
and activities include, but are not limited to, acquisition and disposition and
development coordination of property, demolition and site clearance, environmental
remediation, design, planning, preparation of construction bid documents, financial
analysis, financing and new construction or rehabilitation of structures and public
improvements and community facilities, neighborhood improvement activities,
economic development and administrative program support. To carry out the
Projects in accordance with the objectives and purposes of the Redevelopment
Plans for the Project Areas and the Implementation Plans, the Agency desires
assistance and cooperation in the implementation and completion of the Projects.
The City wishes to enter into the Agreement with the Agency to aid the Agency and
cooperate with the Agency to expeditiously implement the Projects in accordance
with the Redevelopment Plans for the Project Areas and the Implementation Plans
and undertake and complete all actions necessary or appropriate to ensure that the
objectives of the Redevelopment Plans for the Project Areas and the Implementation
Plans are fulfilled within the time effectiveness of the Project Areas; and
H. In considering the Agency's desire to ensure timely implementation and
completion of the Projects, the Agency wishes to enter into the Agreement with the
City for the pledge of net available tax increment to finance the Projects. The
purpose of the Agreement is to facilitate the implementation of the Projects and to
provide funding necessary to effectuate the completion of the Projects with net
available tax increment in this current fiscal year and forthcoming fiscal years; and
I. Net available tax increment is defined as any tax increment, net of
existing debt service payments, and existing contractual obligations received by the
Agency or any lawful successor of the Agency and/or to any of the powers and rights
of the Agency pursuant to any applicable constitutional provision, statute or other
provision of law now existing or adopted in the future. The pledge of net available
tax increment will constitute obligations to make payments authorized and incurred
pursuant to Sections 33445 and 33445.1 of the CRL and other applicable statutes.
The obligations set forth in the Agreement will be contractual obligations that, if
breached, will subject the Agency to damages and other liabilities or remedies; and
J. By approving and entering into the Agreement, the Agency will approve
the pledge of net available tax increment from the Project Areas to pay for the
Projects; and
K. The obligations of the Agency under the Agreement shall constitute an
Resolution 11-07
Page 2 of 6
indebtedness of the Agency for the purpose of carrying out the Redevelopment
Plans for the Project Areas; and
L. 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
Areas and the City as a whole for the Projects to be developed and constructed; and
M. The Agency's low and moderate income housing fund for the Projects
located outside of the Project Areas are in accordance with Section 33334.2 of the
CRL because the use of such funds will be of benefit to the Project Areas and the
Agency and City have previously adopted resolutions for all three redevelopment
projects finding that the expenditure of monies from the low and moderate income
housing fund outside of each project area will be of benefit to each redevelopment
project area. Specifically, RDA Resolution No. 03-10 and City Resolution No. 03-78,
adopted on June 2, 2003 for the MCAS Project, and RDA Resolution Nos. 05-01 and
05-02 and City Resolution Nos. 05-48 and 05-49, adopted on March 21, 2005 for the
South Central Redevelopment Project and Town Center Redevelopment Project,
respectively, each state that such monies will be used to provide low and moderate
income housing at an affordable housing cost to persons of low and moderate
income and support findings which have determined that the use of Housing Set
Aside Funds outside of designated Redevelopment Project Areas and throughout the
City is of direct benefit to the Project Areas; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution
have occurred.
NOW, THEREFORE, the City Council of the City of Tustin DOES HEREBY
RESOLVE, as follows:
Section 1. The City Council has received and heard all oral and written
objections to the proposed payments by the Agency to the City for the programs,
projects and activities as described in the Agreement, and to other matters pertaining
to this transaction, and all such oral and written objections are hereby overruled.
Section 2. The City Council hereby finds and determines that the foregoing
recitals are true and correct.
Section 3. Based on the evidence in the record, the City Council hereby
finds and determines, with respect to the Projects that are publicly owned and are
located inside or contiguous to the respective project area as identified in Exhibit 1
attached to the Agreement, that:
(a) Said Projects and the programs and activities associated
therewith are of benefit to the respective 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
Resolution 11-07
Page 3 of 6
programs and activities associated therewith are available to the
community; and
(c) The payment of funds by the Agency 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. Based on substantial evidence in the record, the City Council
hereby finds and determines, with respect to the Projects that are located outside
and not contiguous to the respective project area but is located within the community
that:
(a) Said Projects and the programs and activities associated
therewith are of primary benefit to the project area;
(b) Said Projects and the programs and activities associated
therewith benefits the project area by helping to eliminate blight
within the project area, or will directly assist in the provisions of
housing for low- or moderate-income persons;
(c) No other reasonable means of financing the Projects and the
programs and activities associated therewith are available to the
community in accordance with Section 33445.1(a)(3) of the
CRL;
(d) The payment of funds for said Projects and the programs and
activities associated therewith is consistent with the respective
Implementation Plan adopted pursuant to Section 33490 of the
CRL; and
(e) Said Projects and the programs and activities associated
therewith are provided for in the respective Redevelopment
Plan.
Section 5. The City Council hereby consents to the payments by the
Agency to the City in accordance with the Schedule of Payments attached to the
Agreement as Exhibit 2.
Section 6. The Agreement in substantially the form presented to the City
Council is hereby approved, a copy of which is on file with the City Clerk.
Section 7. The Mayor, or designee, is hereby authorized to execute the
Agreement on behalf of the City, together with such non-substantive changes and
amendments as may be approved by the City Manager and the City Attorney.
Section 8. The City Manager and/or Assistant City Manager, or designee,
is hereby authorized, on behalf of the City, to sign all documents necessary and
Resolution 11-07
Page 4 of 6
appropriate to carry out and implement the Agreement, and to administer the City's
obligations, responsibilities and duties to be performed under the Agreement.
Section 9. In the event the Agency desires to issue bonds, notes, or other
instruments of indebtedness of the Agency to carry out redevelopment projects, then
any indebtedness of the Agency to the City, including any interest accrued thereon,
shall be deemed not to be a first pledge of tax increment allocations received by the
Agency pursuant to Section 33670 of the CRL; and any indebtedness of the Agency
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 10. This Resolution shall take effect immediately upon its adoption
by the City Council, and the Clerk of the Council shall attest to and certify the vote
adopting this Resolution.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council held
on the 1St day of February, 2011.
JERRY AMANTE,
Mayor
ATTEST:
PAMELA STOKER,
City Clerk
Attachment -Exhibit 1 Cooperation Agreement
Resolution 11-07
Page 5 of 6
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council
of the City of Tustin is five; that the above and foregoing Resolution No. 11-07 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 1 st day
of February, 2011, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER,
City Clerk
Resolution 11-07
Page 6 of 6
RESOLUTION NO. 11-01
A RESOLUTION OF THE TUSTIN COMMUNITY
REDEVELOPMENT AGENCY APPROVING A
COOPERATION AGREEMENT AND MAKING
CERTAIN DETERMINATIONS AND FINDINGS
RELATED THERETO
BE IT RESOLVED BY THE TUSTIN COMMUNITY REDEVELOPMENT
AGENCY as follows:
A. The City Council ("City Council") of the City of Tustin ("City") has
adopted three Redevelopment Project Areas (the MCAS Tustin Project, the Town
Center Redevelopment Project and the South Central Redevelopment Project,
collectively the "Project Areas"), which results in the allocation of taxes from the
Project Areas to the Redevelopment Agency for the City of Tustin (the "Agency") for
purposes of redevelopment; and
B. The intent of the Redevelopment Plans are, 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 Areas; and to increase, improve and preserve the
community's supply of low and moderate income housing, some of which may be
located or implemented outside the Redevelopment Project Areas; and to take all
other necessary actions to implement the Redevelopment Plans for the respective
Project Areas and to expend tax increment to accomplish the goals and objectives of
the respective redevelopment projects; and
C. The Agency has adopted its Five-Year Implementation Plans for the
Project Areas, as amended from time to time (the "Implementation Plans") with
established goals to support affordable housing, economic development, public
infrastructure and community facilities, neighborhood and community revitalization,
commercial revitalization, and institutional revitalization. To implement the programs
and activities associated with each goal, the Agency has made redevelopment fund
commitments based on estimated available tax increment revenue and debt
financing structures; and
D. The Agency and the City wish to cooperate with one another to bring
about the redevelopment of the Project Areas and accomplish various tasks set forth
in the Redevelopment Plans and the Implementation Plans; and
E. Pursuant to Section 33220 of the California Community Redevelop-
ment 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
Resolution No. 11-01
Page 1 of 6
F. The Agency and the City have prepared a Cooperation Agreement (the
"Agreement") to provide for implementation of certain projects set forth in the
Schedule of Projects attached thereto as Exhibit 1 (the "Projects"), and to make
payments by the Agency to the City in accordance with the Payment Schedule also
noted in Exhibit 1, and as otherwise necessary to reimburse the City for the cost of
performing its obligations thereunder in accordance with the schedule also identified
in Exhibit 1, subject to all of the terms and conditions of the Agreement; and
G. The programs and activities associated with the Programs, projects
and activities include, but are not limited to, acquisition and disposition and
development coordination of property, demolition and site clearance, environmental
remediation, design, planning, preparation of construction bid documents, financial
analysis, financing and new construction or rehabilitation of structures and public
improvements and community facilities, neighborhood improvement activities,
economic development and administrative program support. To carry out the
Projects in accordance with the objectives and purposes of the Redevelopment
Plans for the Project Areas and the Implementation Plans, the Agency desires
assistance and cooperation in the implementation and completion of the Projects.
The City wishes to enter into the Agreement with the Agency to aid the Agency and
cooperate with the Agency to expeditiously implement the Projects in accordance
with the Redevelopment Plans for the Project Areas and the Implementation Plans
and undertake and complete all actions necessary or appropriate to ensure that the
objectives of the Redevelopment Plans for the Project Areas and the Implementation
Plans are fulfilled within the time effectiveness of the Project Areas; and
H. In considering the Agency's desire to ensure timely implementation and
completion of the Projects, the Agency wishes to enter into the Agreement with the
City for the pledge of net available tax increment to finance the Projects. The
purpose of the Agreement is to facilitate the implementation of the Projects and to
provide funding necessary to effectuate the completion of the Projects with net
available tax increment in this current fiscal year and forthcoming fiscal years. Net
available tax increment is defined as any tax increment, net of existing debt service
payments, and existing contractual obligations received by the Agency or any lawful
successor of the Agency and/or to any of the powers and rights of the Agency
pursuant to any applicable constitutional provision, statute or other provision of law
now existing or adopted in the future. The pledge of net available tax increment will
constitute obligations to make payments authorized and incurred pursuant to
Sections 33445 and 33445.1 of the CRL and other applicable statutes. The
obligations set forth in the Agreement will be contractual obligations that, if breached,
will subject the Agency to damages and other liabilities or remedies; and
I. By approving and entering into the Agreement, the Agency is
approving the pledge of net available tax increment from the Project Areas to pay for
the Projects; and
J. The obligations of the Agency under the Agreement shall constitute an
indebtedness of the Agency for the purpose of carrying out the Redevelopment
Plans for the Project Areas; and
K. 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
Resolution No. 11-01
Page 2 of 6
Areas, and the City as a whole, for the Projects to be developed and constructed;
and
L. The Agency's low and moderate income housing fund for the Projects
located outside of the Project Areas are in accordance with Section 33334.2 of the
CRL because the use of such funds will be of benefit to the Project Areas. The
Agency and City have previously adopted resolutions for all three redevelopment
projects finding that the expenditure of monies from the low and moderate income
housing fund outside of each project area will be of benefit to each redevelopment
project area. Specifically, Resolutions No. 03-10, adopted by the Agency on June 2,
2003 for the MCAS Project, and Resolution Nos. RDA 05-01 and RDA 05-02,
adopted by the Agency on March 21, 2005 for the South Central Redevelopment
Project and Town Center Redevelopment Project, respectively, each state that such
monies will be used to provide low and moderate income housing at an affordable
housing cost to persons of low and moderate income and support findings which
have determined that the use of Housing Set Aside Funds outside of designated
Redevelopment Project Areas and throughout the City is of direct benefit to the
Project Areas; and
M. All other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, the Tustin Community Redevelopment Agency DOES
HEREBY RESOLVE, as follows:
Section 1. The Agency has received and heard all oral and written
objections to the proposed payments by the Agency to the City for the Projects as
described in the Agreement, and to other matters pertaining to this transaction, and
all such oral and written objections are hereby overruled.
Section 2. The Agency hereby finds and determines that the foregoing
recitals are true and correct.
Section 3. Based on the evidence in the record, the Agency hereby finds
and determines, with respect to the programs, Projects, and activities identified in the
Redevelopment Plans and Implementation Plans that are publicly owned and are
located inside or contiguous to the respective Project Area, as identified in Exhibit 1
attached to the Agreement, that:
(a) Said Projects and the programs and activities associated
therewith are of benefit to the respective 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 Agency for the costs related to said
Resolution No. 11-01
Page 3 of 6
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. Based on substantial evidence in the record, the Agency hereby
finds and determines, with respect to the Projects that are located outside and not
contiguous to the respective Project area, but is located within the community that:
(a) Said Projects and the programs and activities associated
therewith are of primary benefit to the Project area;
(b) Said Projects and the programs and activities associated
therewith benefits the project area by helping to eliminate blight
within the project area, or will directly assist in the provisions of
housing for low- or moderate-income persons;
(c) No other reasonable means of financing the Projects and the
programs and activities associated therewith are available to the
community in accordance with Section 33445.1(a)(3) of the
CRL;
(d) The payment of funds for said Projects and the programs and
activities associated therewith is consistent with the respective
Implementation Plan adopted pursuant to Section 33490 of the
CRL; and
(e) Said Projects and the programs and activities associated
therewith are provided for in the respective Redevelopment
Plan.
Section 5. The Agency hereby consents to the payments by Agency to City
in accordance with the schedule attached to the Agreement as Exhibit 1.
Section 6. The Agreement in substantially the form presented to the
Agency is hereby approved, a copy of which is on file with the Secretary of the
Agency.
Section 7. The Agency Chair, is hereby authorized to execute the
Agreement on behalf of the Agency, together with such non-substantive changes
and amendments as may be approved by the Agency Executive Director and
Agency's Legal Counsel.
Section 8. The Agency Executive Director, and/or Assistant City Manager,
or their designee, is hereby authorized, on behalf of the Agency, to sign all
documents necessary and appropriate to carry out and implement the Agreement,
and to administer the Agency's obligations, responsibilities and duties to be
performed under the Agreement.
Section 9. In the event the Agency desires to issue bonds, notes, or other
instruments of indebtedness of the Agency to carry out redevelopment projects, then
any indebtedness of the Agency to the City, including any interest accrued thereon,
Resolution No. 11-01
Page 4 of 6
shall be deemed not to be a first pledge of tax increment allocations received by the
Agency pursuant to Section 33670 of the CRL; and any indebtedness of the Agency
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 10. This Resolution shall take effect immediately upon its adoption
by the Tustin Community Redevelopment Agency and the secretary of the Agency
shall attest to and certify the vote adopting this Resolution.
PASSED and ADOPTED at the regular meeting of the Tustin Community
Redevelopment Agency held on February 1, 2011.
JERRY AMANTE
Chairman
ATTEST:
PAMELA STOKER
City Clerk
Attachment -Exhibit 1 Cooperation Agreement
Resolution No. 11-01
Page 5 of 6
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Pamela Stoker, recording secretary of the Tustin Community Redevelopment
Agency, Tustin, California, do hereby certify that the whole number of the members of
the Tustin Community Redevelopment Agency is five; that the above and foregoing
Resolution No. 11-01 was duly passed and adopted at a regular meeting of the Tustin
Community Redevelopment Agency, held on the 1St day of February, 2011, by the
following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER,
City Clerk
Resolution No. 11-01
Page 6 of 6