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HomeMy WebLinkAboutReso 2011-255RESOLUTION NO. 2011-255 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE THIRD AVENUE VILLAGE ASSOCIATION FOR THE MAINTENANCE OF STREETSCAPE IMPROVEMENTS, SIGNAGE, HARDSCAPE TREATMENTS AND OTHER LANDSCAPE IMPROVEMENTS INSTALLED AS PART OF THE THIRD AVENUE STREETSCAPE MASTER PLAN WHEREAS, the final design for the Third Avenue Streetscape Master Plan (TASMP) was approved by Council on March 22, 2011; and WHEREAS, TASMP improvements include, are not limited to, the installation of new and/or modification of streetscape elements (consisting of, but not limited to, sidewalks, signs, lighting, planter beds, and landscaping, including trees) within the Village; and WHEREAS, the TASMP improvements will provide for TAVA and its merchants substantial benefits, TAVA agrees at its expense to maintain the improvements resulting from the TASMP; and WHEREAS, the Ciry desires to assure that the TASMP improvements are maintained at no cost to the City and TAVA desires to undertake the maintenance of those improvements; and WHEREAS, TAVA is part of a Property-Based Business Improvement District (PBID), which provides for maintenance services of the district, created on June 5, 2001 and is a top priority of the City's revitalization effort in the urban core; and WHEREAS, the TAVA Board of Directors at a meeting held on December 7, 2011 and voted to support the Agreement for Maintenance Services; and WHEREAS, TAVA representatives played an active role in the drafting of the aforementioned Agreement; and WHEREAS, the term of the Agreement shall commence on the Effective Date and shall expire on June 30th 2016, unless otherwise terminated at an earlier date. Notwithstanding the foregoing, the parties may elect to extend the Agreement on a ] 0-year basis by mutual written agreement; and WHEREAS, the Public Works Operations staff will manage general oversight, as required by the Agreement; and WHEREAS, the Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed activity was adequately covered in a previously adopted EIR; and Resolution No. 2011-255 Page 2 WHEREAS, pursuant to the California Environmental Quality Act (CEQA) on April 26, 2007 the City, acting as Lead Agency, certified Final Environmental Impact Report-06-01 ("FEIR-06-O1") for the Urban Core Specific Plan ("UCSP"); and WHEREAS, on January 25, 2011, the City, acting as Lead Agency, having found and determined that certain amendments to the UCSP, including the referenced Third Avenue Streetscape Master Plan ("TASMP"), would not result in significant unmitigated impacts and that only minor technical changes or additions to FEIR-06-O1 were necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of subsequent document had occurred adopted an Addendum to FEIR-06-O1; and WHEREAS, approval of the subject maintenance agreement for the Third Avenue approved streetscape, hardscape and landscaping treatment concepts requires no further CEQA actions or determinations. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby approves the Agreement between the City of Chula Vista and the Third Avenue Village Association for the maintenance of improvement made as a result of the TASMP, a copy of which shall be kept on file in the office of the City Clerk, and authorizes the City Manager or his designee to execute such Agreement. The City Manager is further authorized to make such minor modifications to the Agreement as may be recommended by the City Attorney. Presented by Gary H e , F.E., AICP Assistan ty Manager/Development Approved as to form by Glen R. oogins ey Services Resolution No. 2011-255 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 13th day of December 2011 by the following vote: AYES: Councilmembers: Aguilar, Bensoussan Castaneda, Ramirez and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None Cheryl Cox, I~yor ATTEST: ~~~ Donna R. Norris, CMC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2011-255 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 13th day of December 2011. Executed this 13th day of December 2011. Donna R. Norris, CMC, City Clerk