HomeMy WebLinkAboutReso 2011-192RESOLUTION NO. 2011-192
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA (1) AUTHORIZING CITY STAFF TO APPLY
FOR FISCAL YEAR 20]3 AND FISCAL YEAR 2014
COMMUNITY DEVELOPMENT BLOCK GRANT CAPITAL
IMPROVEMENT GRANTS TOTALING $750,000 FOR THE
"THIRD AVENUE STREETSCAPE IMPROVEMENT
PROJECT, FROM `F' STREET TO `H' STREET" (CIP
PROJECT NO. STL-362), (2) APPROPRIATING $400,000 TO
THE STL-362 PROJECT FROM THE UNAPPROPRIATED
BALANCE OF THE TRAFFIC SIGNAL FUND, (3)
AUTHORIZING CITY STAFF TO REVISE THE STL-362
PHASE 1 PROJECT LIMITS AND RE-BID PHASE 1 BASED
UPON AVAILABLE FUNDS AND FUTURE
APPROPRIATIONS, AND (4) AUTHORIZING CITY STAFF
TO PREPARE ADDITIVE ALTERNATIVE BIDS TO THE
REVISED STL-362 PHASE 1 PROJECT LIMITS SHOULD
BIDS BE SIGNIFICANTLY LOWER THAN THE ENGINEER'S
ESTIMATE OR SHOULD PREVIOUSLY APPROPRIATED
REDEVELOPMENT FUNDS BECOME AVAILABLE DURING
THE CONSTRUCTION PHASE
WHEREAS, Third Avenue, between "H" Street and "E" Street, is designated in the
City's Urban Core Specific Plan as a Smart Growth azea, which is characterized as providing a
variety of transportation choices, pedestrian-friendly access, and strong links between land uses
and regional transportation; and
WHEREAS, City staff prepazed plans to implement the first phase of the Urban Core
Specific Plan's (UCSP's) Third Avenue Streetscape improvements between "H" Street and "F"
Street; and
WHEREAS, $2.5 million in Redevelopment Funds appropriated to the Third Avenue
Streetscape project by Council Resolution No. 2011-045 on March 8, 2011, is not currently
available, as more fully explained in the related Staff report for this Resolution (and which is
hereby incorporated by reference into this Resolution), for construction due to legal challenges
to, and stays of, State Assembly Bills ABX1 26 and ABX1 27 regarding redevelopment agencies
now pending in the State Supreme Court; and
WHEREAS, Redevelopment funds appropriated to the project prior to January 1, 2011,
are unaffected by the State Supreme Court's stay; and
WHEREAS, the State Supreme Court is expected to issue a ruling on AB X1 26 and AB
X1 27 by January 15, 2012; and
Resolution No. 2011-192
Page 2
WHEREAS, the State Supreme Court's ruling could result in the availability of between
$1.2 and $2.5 million in previously appropriated redevelopment funds, or nothing, to the project;
and
WHEREAS, the City was awarded a TransNet Smart Growth Grant through SANDAG to
link the major transit hub at "H" Street to the Third Avenue Village, it is necessary for the base
bid (i.e., revised Phase 1 limits) to include work from "H" Street to a point north of "G" Street
using all available construction funds; and
WHEREAS, Staff has identified ways in which a portion of the funding gap created by
uncertainties related to redevelopment agencies and redevelopment funding may be closed.
NOW, THEREFORE, BE IT RESOLVED by the City of Chula Vista as follows:
Section 1. City Staff is authorized to apply for Fiscal Year 2013 and Fiscal Year
2014 Community Development Block Grant (CDBG) capital improvement grants totaling
$750,000 for the Third Avenue Streetscape (STL-362) project.
Section 2. The City hereby appropriates $400,000 to the STL-362 project from the
unappropriated balance of the Traffic Signal Fund.
Section 3. City Staff is authorized to revise the Phase 1 project limits and re-bid
Phase 1 based upon available funds and future appropriations.
Section 4. City Staff is authorized to prepare additive alternative bids to the revised
Phase 1 project limits should bids be significantly lower than the engineer's estimate or should
previously appropriated redevelopment funds become available during the construction phase (in
the event the State Supreme Court's ruling is favorable to the City).
Section 5. This Resolution shall in no way be construed as requiring the City (or
Agency) to abide by the 2011 Redevelopment Legislation in the event either, or both, bill are
found unconstitutional or otherwise legally invalid in whole or in part, nor shall this Resolution
effect or give rise to any waiver of rights or remedies the City (and/or the Agency) may have,
whether in law or in equity, to challenge 2011 Redevelopment Legislation. This Resolution shall
not be construed as the City's (and/or Agency's) willing acceptance of, or concurrence with, the
2011 Redevelopment Legislation, either AB Xl 26 or AB X1 27; nor does this Resolution
evidence any assertion or belief whatsoever on the part of the City (and/or Agency) the 2011
Redevelopment Legislation is/are constitutional or lawful.
Resolution No. 201 l -192
Page 3
Presented by
Gary Ha be , P. ., A CP
Assistant Ci anager/Director of
Development Services
Approved as to form by
~v'`L ~ v
en R. Gaogins
~ty Attor~'ey ~__
7 ~/~_
Richazd A. Hop s -
Director of Pub 'c Works
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 27th day of September 2011 by the following vote:
AYES: Councilmembers: Aguilaz, Bensoussan, Castaneda, Ramirez and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST:
Donna R. Norris, CMC, Crty Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
Cheryl Cox, M~yor
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2011-192 was duly passed, approved, and adopted by the City Council at a
regulaz meeting of the Chula Vista City Council held on the 27th day of September 2011.
Executed this 27th day of September 2011. L D ~/'
/l~D titter ~ / ~U/~i--~ ,
Donna R. Norris, CMC, City Clerk