HomeMy WebLinkAbout2011/03/08 Item 2....~. _ _._ CITY COUNCIL
REDEVELC~PVtENT AGENCY
--- AGENDA STATEMENT
.:~'` ,~, \lr~~ CITY OF
^~- - CFIUEAVISTA
MARCH 8, 2011, Item
ITEM TITLE: CONSIDERATION BY THE CHULA VISTA
REDEVELOPMENT CORPORATION (CVRC), THE CITY
COUNCIL OF THE CITY OF CHULA VISTA, AND THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA
VISTA OF COOPERATION AND PUBLIC IMPROVEMENT
AGREEMENTS BETWEEN THE CITY OF CHULA VISTA AND
THE REDEVELOPMENT AGENCY RELATED TO THE
INSTALLATION AND CONSTRUCTION OF PUBLIC
IMPROVEMENTS OF THE BAYFRONT MASTER PLAN,
THIRD AVENUE STREETSCAPE MASTER PLAN, AND
MAINSTREET MASTER PLAN; COMMITTING FUNDS FOR
THOSE PLANNED IMPROVEMENTS, MAHING FINDINGS AS
REQUIRED; AND APPROPRIATING FUNDS FROM THE
AVAILABLE FUND BALANCE TO THE THIRD AVENUE
STREETSCAPE MASTER PLAN AND MAIN STREET
MASTER PLAN
A. RESOLUTION OF THE CHULA VISTA
REDEVELOPMENT CORPORATION (CVRC)
RECOMMENDING THAT THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AND THE REDEVELOPMENT AGENCY OF
THE CITY OF CHULA VISTA APPROVE COOPERATION AND
PUBLIC IMPROVEMENTS AGREEMENTS BETWEEN THE
CITY OF CHULA VISTA AND THE REDEVELOPMENT
AGENCY RELATED TO THE BAYFRONT MASTER PLAN,
THE THIRD AVENUE STREETSCAPE MASTER PLAN, AND
THE MAIN STREET MASTER PLAN
B. RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A COOPERATION
AND PUBLIC IMPROVEMENTS AGREEMENT WITH THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA
VISTA; CONSENTING TO PAYMENT BY THE
REDEVELOPMENT AGENCY OF ALL OR A PART OF THE
COST OF THE LAND AND IMPROVEMENTS RELATED TO
THE INSTALLATION AND CONSTRUCTION OF CERTAIN
BAYFRONT MASTER PLAN PUBLIC IMPROVEMENTS;
AND MAHING CERTAIN FINDINGS IN CONNECTION
THEREWITH
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C. RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A COOPERATION
AND PUBLIC IMPROVEMENTS AGREEMENT WITH THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA
VISTA; CONSENTING TO PAYMENT BY THE
REDEVELOPMENT AGENCYOF ALL OR A PART OF THE
COST OF THE LAND AND-IMPROVEMENTS RELATED TO
THE INSTALLATION AND CONSTRUCTION OF CERTAIN
THIRD AVENUE STREETSCAPE MASTER PLAN PUBLIC
IMPROVEMENTS; MAHING CERTAIN FINDINGS IN
CONNECTION THEREWITH; AND APPROPRIATING
FUNDS THEREFOR
D. RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A COOPERATION
AND PUBLIC IMPROVEMENTS AGREEMENT WITH THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA
VISTA; CONSENTING TO PAYMENT BY THE
REDEVELOPMENT AGENCYOF ALL OR A PART OF THE
COST OF THE LAND AND IMPROVEMENTS RELATED TO
THE INSTALLATION AND CONSTRUCTION OF CERTAIN
MAIN STREET MASTER PLAN PUBLIC IMPROVEMENTS;.
MAHING CERTAIN FINDINGS IN CONNECTION
THEREWITH; AND APPROPRIATING FUNDS THEREFOR
E. RESOLUTION OF THE REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA APPROVING A
COOPERATION AND PUBLIC IMPROVEMENTS
AGREEMENT WITH THE CITY OF CHULA VISTA;
COMMITTING FUNDS AND CONSENTING TO PAYMENT
BY THE REDEVELOPMENT AGENCY OF ALL OR A PART
OF THE COST OF THE LAND AND IMPROVEMENTS
RELATED TO THE INSTALLATION AND CONSTRUCTION
OF THOSE CERTAIN BAYFRONT MASTER PLAN PUBLIC
IMPROVEMENTS; MAHING CERTAIN FINDINGS IN
CONNECTION THEREWITH
F. RESOLUTION OF THE REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA APPROVING A
COOPERATION AND PUBLIC IMPROVEMENTS
AGREEMENT WITH THE CITY OF CHULA VISTA;
COMMITTING FUNDS AND CONSENTING TO PAYMENT
BY THE REDEVELOPMENT AGENCYOF ALL OR A PART
OF THE COST OF THE LAND AND IMPROVEMENTS
RELATED TO THE INSTALLATION AND CONSTRUCTION
OF THOSE CERTAIN THIRD AVENUE STREETSCAPE
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MASTER PLAN IMPROVEMENTS; MAHING CERTAIN
FINDINGS IN CONNECTION THEREWITH; AND
APPROPRIATING FUNDS THEREFOR
G. RESOLUTION OF THE REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA APPROVING A
COOPERATION AND PUBLIC IMPROVEMENTS
AGREEMENT WITH THE CITY OF CHULA VISTA;
COMMITTING FUNDS AND CONSENTING TO PAYMENT
BY THE REDEVELOPMENT AGENCYOF ALL OR A PART
OF THE COST OF THE LAND AND IMPROVEMENTS
RELATED TO THE INSTALLATION AND CONSTRUCTION
OF THOSE CERTAIN MAIN STREET MASTER PLAN
IMPROVEMENTS; MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH; AND APPROPRIATING
FUNDS THEREFOR
SUBMITTED BY: GARY HALBERT, ASSIST CITY MANAGER/DIRECTOR OF
DEVELOPMENT SERVICES,
REVIEWED BY: CITY MANAGER Sl
4/STHS VOTE: YES ^X NO
SLJNIMARY
The Redevelopment Agency ("RDA") has adopted the 2010-2014 Five-Yeaz Implementation
Plan ("Five-Year Implementation Plan") that established goals and objectives to support public
improvements and community revitalization for the two Project Areas that comprise six
underlying Project Areas. Within the Project Areas, the Redevelopment Agency is actively
involved in the development of programs and activities ("Projects") associated with each goal
and objective in the Implementation Plan that reinvests in the City. The Projects that are the
subjects of this report include the Bayfront Master Plan, Third Avenue Streetscape Master Plan,
and the Main Street Streetscape Master Plan. To carry out the Projects, it is proposed the City
and the Redevelopment Agency enter into cooperation and public improvements agreements
wherein the Redevelopment Agency would commit to provide funding for such Projects.
ENVIRONMENTAL REVIEW
1. Bayfront Master Plan Cooperation Aezeement
Pursuant to the California Environmental Quality Act ("CEQA") the San Diego Unified Port
District, as Lead Agency, certified the Final Environmental Impact Report ("FEIR"). The City
Council of the City of Chula Vista, acting as a Responsible Agency, on the basis of the findings
as set forth in actions taken by the City Council on May 18, 2010, after having considered the
FEIR made the required Findings of Fact pursuant to CEQA Guidelines Section 15091 and
15096(h) and thereby adopted a Statement of Overriding Considerations and Mitigation
~ Monitoring and Reporting Program in accordance with CEQA Guidelines Section 1093 and
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15097, respectively; therefore, no further or other CEQA actions or determinations are required
relating to findings and determinations hereunder for approval of the Cooperation and Public
Improvements Agreement (collectively "Approved FEIR").
2. Third Avenue Streetscape Master Plan Cooperation Agreement
Pursuant to the California Environmental Quality Act ("CEQA") on April 26, 2007, the City,
acting as Lead Agency, certified Final Environmental Impact Report-06-O1 ("FEIR-06-O1") for
the Urban Core Specific Plan ("UCSP"). On January 25, 2011, the City, acting as Lead Agency,
having found and determined that certain amendments to the UCSP, including the subject Third
Avenue Streetscape Master Plan, 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; therefore, approval
of the subject Cooperation and Public Improvements Agreement requires no further CEQA
actions or determinations.
3. Main Street Streetscape Master Plan Cooperation Agreement
The proposed approval of the Agreement is not a "project" for purposes of the California
Environmental Quality Act (CEQA) and the State CEQA Guidelines (CEQA Guidelines)
because, consistent with CEQA Guidelines Section 15378(b)(4), while the Agreement commits
the Agency to funding public improvements, it does not commit the City to implement any
particulaz public improvement without appropriate environmental review.
The Agreement specifically provides that the City shall not be obligated to complete any
individual project if the City later detemunes that such project is not exempt from CEQA, has
not already undergone complete CEQA review, and requires the preparation of a mitigated
negative declazation, environmental impact report (EIR) or supplemental or subsequent EIR. In
that regard, the Agreement states that the City shall retain the discretion to impose mitigation
measures and to adopt project alternatives, consistent with the requirements of CEQA, that may
be identified during future environmental review of any specific project.
RECOMMENDATION
That the City Council and the Redevelopment Agency approve the resolutions.
BOARDS/COMMISSION RECOMMENDATION
On March 8, 2011, the Chula Vista Redevelopment Corporation (CVRC) will meet to consider
whether to recommend that the Redevelopment Agency approve the Cooperation and Public
Improvements Agreements for the Bayfront Master Plan, Third Avenue Streetscape Master Plan
and Main Street Streetscape Master Plan. Staff is recommending that the Chula Vista
Redevelopment Corporation recommend that the Redevelopment Agency approve the
agreements.
DISCUSSION
The Redevelopment Agency wishes to continue its progress in meeting the goals and objectives
of the Five-Yeaz Implementation Plan. Specifically, the Redevelopment Agency seeks to
continue implementation of the Bayfront Master Plan, the Third Avenue Streetscape Master
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Plan, and the Main Street Streetscape Master Plan. Each of these projects was funded in the FY
2010-2011 Redevelopment Agency Budget. To ensure completion of these three projects, it is
proposed that the City and Redevelopment Agency enter into cooperation and public
improvements agreements wherein the Redevelopment Agency would commit specified funds to
the City to pay for public improvements.
The California Community Redevelopment Law, specifically Health and Safety Code Sections
33220 and 33445, provides that certain public bodies, including the City, may aid and cooperate
in the planning, undertaking, construction, or operation of redevelopment projects, and that
redevelopment agencies may pay for all or a part of the costs of the land for and/or the
construction and installation of public improvements subject to findings of benefit to the project
area and related statutory requirements. In this regard, the Redevelopment Agency and City
Council of the City of Chula Vista desire to enter into Cooperation and Public Improvements
Agreements to commit and expend tax increment funds for projects that meet the goals and
objectives in the adopted Five-Year Implementation Plan.
Health and Safety Code section 33445, which permits a Redevelopment Agency to pay for all or
part of the costs of the land for and/or the construction and installation of public improvements,
requires the RDA and City to make specific findings, including: (1) that the public
improvements aze a benefit to the project area by helping eliminate blight, (2) that there are no
other reasonable means of financing for such public improvements, and (3) the public
improvements are consistent with the implementation plan adopted pursuant to Health and Safety
Code section 33490. Attachments A, B and C provide the required facts and determinations
which support the findings required by Health and Safety Code section 33445.
The Bayfront Master Plan, Third Avenue Streetscape Master Plan, and the Main Street
Streetscape Master Plan and their attendant improvements involve the following:
Bayfront Master Plan Public Improvements
In 2002, the San Diego Unified Port District ("District") and the Chula Vista City Council and
Redevelopment Agency began work to create a master plan for development of the
approximately 556-acre Chula Vista Bayfront (the "Chula Vista Bayfront") located on the
southeastern edge of San Diego Bay in the City of Chula Vista. The purpose of the master plan
is to reconfigure the 497 acres of land and 59 acres of water uses which comprise the Chula Vista
Bayfront by connecting the land and water acres in a way that will promote public access to, and
engagement with, the water while enhancing the quality and protection of key habitat areas, with
the ultimate goal of creating aworld-class bayfront through strong planning and design,
economic feasibility and community outreach.
On May 18, 2010, the District, as Lead Agency of the project, certified a Final Environmental
Impact Report for the Chula Vista Bayfront Master Plan and Port Master Plan Amendment (UPD
# 83356-EIR-658; SCH # 2005081077) (the "FEIR"). Key components of the CVBMP include:
a signature pazk, open space areas and cultural use; improved visual corridors to San Diego Bay;
a resort and convention center and other hotels; residential and mixed-use office/commercial
recreation uses; waterfront retail uses and public gathering spaces azound the harbor; a new
commercial harbor and improved navigation channel; a public promenade and bike trail through
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the entire bayfront; and lazge buffer zones to protect adjacent sensitive resources. The RDA has
appropriated approximately $5,000,000 in current and prior budget cycles for the preparation of
the Plan. The Cooperation and Public Improvements Agreement proposes to contribute up to
$136 million from future tax increment to ensure the completion of the Bayfront Master Plan
public improvements.
Proposed public improvements for the Bayfront Master Plan include the following projects:
1. Public Infrastructure, which include, without limitation, (a) the installation, repair and
replacement of sidewalks along streets and other public rights-of--way, (b) the installation
of streetscape improvements such as sidewalks, lighting, landscaping and street furniture
in and along streets and other public rights-of--way, (c) the installation of traffic signals
and streetlights in and along streets and other public rights-of--way, (d) the installation,
repair and replacement of roadways and medians, (e) the installation of all necessazy wet
and dry utilities including drainage and storxnwater facilities, (f) other multi-modal,
public and private vehicular transportation, traffic, bicycle and pedestrian improvements,
and (g) the installation of other transportation and traffic improvements; and
2. Pazks and Open Space, which include, without limitation, (a) the design and constmction
of public park improvements, and (b) the restoration of natural habitat and the creation
and enhancement of urban trail systems
Third Avenue streetscape Master Plan Public Imnrovements
The 2005 General Plan and the 2007 Urban Core Specific Plan (UCSP) identify Chula Vista's
older downtown core, Third Avenue Village, as an urban center with great emphasis placed on
linking higher density housing and mixed uses around a new hierarchy of transportation modes;
pedestrians, transit, bicyclists and cars. As a key activity center, the Third Avenue Village area
plays a critical role in activating Chula Vista's Urban Core. Plans for pedestrian improvements
and traffic calming elements were introduced along Third Avenue in the Village District to slow
traffic and create a more pedestrian-friendly environment. Improvements such as bulbouts
(sidewalk extensions), narrowed and/or reduced travel lanes, special paving at crosswalks and
median refuge islands, paseos linking public parking to the main commercial corridor and
pedestrian walkways are emphasized for this azea. Bicycle transit and upgraded bikeway
facilities throughout the azea aze recommended for both recreational and commuting users. A
Transit Focus Area at Third Ave and H Street provides multi-modal opportunities for both local
and regional transit stations located at I-5/H Street and I-5/E Street which link to the San Diego
Trolley's Blue Line.
One of the key implementing projects identified in the i7CSP was the preparation of a streetscape
master plan for the Third Avenue corridor between E and H Streets. Staff initiated work on the
Third Avenue streetscape Master Plan in May of 2008, by first conducting a needs assessment in
close collaboration with the community and the Third Avenue Village Association (TAVA) to
ultimately design a master plan that meets the community's needs and the Smart Growth
precepts identified in the UCSP. The Third Avenue streetscape Master Plan provides detailed
planning and identifies capital improvements to the existing infrastructure system to enhance
wallcability, improve transit options, modify traffic circulation patterns to be more pedestrian
friendly, and create a more vibrant urban center from E Street to H Street. Of the total projected
$9 million budget for the Third Avenue Streetscape Master Plan, the RDA has already
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contributed more than $1 million towards the preparation of the Plan and construction of capital
improvements, and it is proposed to appropriate an additional $2.5 million from the RDA
available balance. The Cooperation and Public Improvements Agreement proposes to contribute
up to $4 million from future tax increment to ensure the completion of the Third Avenue
Streetscape Master Plan public improvements.
Proposed public improvements for the Third Avenue Streetscape Master Plan include the
following projects:
Public Infrastructure, which include, without limitation, (a) the installation, repair and
replacement of sidewalks along streets and other public rights-of--way, (b) the installation
of streetscape improvements such as sidewalks, lighting, landscaping and street fumiture
in and along streets and other public rights-of--way, (c) the installation of traffic signals
and streetlights in and along streets and other public rights-of--way, (d) the installation,
repair and replacement of roadways and medians, (e) other multi-modal, public and
private vehicular transportation, traffic, bicycle and pedestrian improvements, and (f) the
installation of other transportation and traffic improvements
Main Street Streetscape Master Plan Public Improvements
The Chula Vista 2005 General Plan designates the Main Street District as one of the five "azeas
of change." The General Plan vision for the Main Street District is the continued development
of the area with industrial uses to become the primary industrial azea of Southwest Chula
Vista. One of the General Plan's implementing tools is a streetscape master plan for the Main
Street corridor between Industrial Boulevard and I-805. Staff initiated work on the Main
Street Master Plan in July 2009, by conducting urban workshops to gather input from the area's
stakeholders and to develop a needs assessment to ultimately design a master plan that meets the
community's needs and the vision identified in the General Plan. The Main Street Streetscape
Master Plan will provide detailed planning and identify capital improvements to the existing
infrastructure system by improving the drainage system, beautifying the streets with landscape,
and creating multi-modal and complete streets by balancing the needs of pedestrians, bicyclists,
vehicles, and public transportation.
On January 8, 2011, the City Council held a public hearing amending certain portions of the
Chula Vista Municipal Code, which. included a reference to the ongoing prepazation of the Main
Street Streetscape Master Plan. The RDA has appropriated approximately $200,000 in current
and prior budget. cycles for the preparation of the Plan. The Cooperation and Public
Improvements Agreement proposes to contribute up to $32 million from future tax increment to
ensure the completion and implementation of the Main Street Streetscape Master Plan public
improvements.
Proposed public improvements for the Main Street Streetscape Master Plan include the following
projects:
Public Infrastructure, which include, without limitation, (a) the installation, repair and
replacement of sidewalks along streets and other public rights-of--way, (b) the installation
of streetscape improvements such as sidewalks, lighting, landscaping and street furniture
in and along streets and other public rights-of--way, (c) the installation of traffic signals
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and streetlights in and along streets and other public rights-of--way, (d) the installation,
repair and replacement of roadways and medians, (e) the installation of all necessary wet
and dry utilities including drainage and stormwater facilities, (f) other multi-modal,
public and private vehicular transportation, traffic, bicycle and pedestrian improvements,
and (g) the installation of other transportation and traffic improvements
Cooperation and public improvements agreements will ensure that the goals and activities of the
Bayfront Master Plan, Third Avenue Streetscape Master Plan, and the Main Street Streetscape
Master Plan come to fruition. As part of the cooperation and public improvements agreements,
the City will commit to cooperate with the RDA and cause the projects to be expeditiously
implemented in accordance with the respective Redevelopment Plans and Five-Year
Implementation Plan thus ensuring that the objectives of the Redevelopment Plans and Five-Year
Implementation Plan are fulfilled within the time effectiveness of the Project Areas.
In order to ensure the timely implementation and completion of the Projects, the RDA will
pledge to provide to the City available Net Tax Increment, other revenue received by the RDA
and available fund balances in the current fiscal year and forthcoming fiscal yeazs in amounts
equal to the cost to the City to carry out the Projects. The Ciry will provide the RDA with
quarterly progress reports on the use of funds and the development and construction of the
Projects for which payment is made by the RDA.
"Net Tax Increment" in the agreements is defined as any tax increment generated from the
Project Areas, net of: I) amounts paid to affected taxing agencies; 2) Redevelopment
administration fees charged by the County of San Diego; 3) existing debt service payments; and
4) existing contractual obligations of the RDA, existing as of the date of this agreement, or any
lawful successor of the RDA. The obligations of the RDA under the Agreement will be paid
from Net Tax Increment, other revenue received by the RDA and available fund. balances in
amounts not less than those set forth in the Payment Schedule attached to the Cooperation and
Public Improvements Agreement as Exhibit 2 and otherwise necessary to reimburse the City for
the cost to the City of performing its obligations. The Payment Schedule may be revised from
time to time as mutually agreed by the City and RDA provided that the revised schedule will
allow the timely completion of the Projects in conformity with the Redevelopment Plans and the
Implementation Plans.
The obligations of the RDA will constitute an indebtedness of the RDA for the purpose of
carrying out the Redevelopment Plans for the Project Areas, which indebtedness will be
subordinate to payments due on any bonds, notes or other debt instruments of the RDA incurred
or issued to finance the Projects, including any pledge of tax increment revenues from the Project
Areas.
The proposed Cooperation and Public Improvements Agreements aze included with this report as
attachments D, E, and F.
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DECISION MAKER CONFLICT
Resolution A
Staff has reviewed the property holdings of the Chula Vista Redevelopment Corporation and has
found that Director Salas has property holdings within 500 feet of the boundaries of the property
which is the subject of this action.
Resolutions B. C and D
Staff has reviewed the property holdings of the City Council of the City of Chula Vista and has
found no property holdings within 500 feet of the boundaries of the property which is the subject
of this action.
Resolutions E, F and G
Staff has reviewed the property holdings of the Redevelopment Agency of the City of Chula
Vista and has found no property holdings within 500 feet of the boundaries of the property which
is this action.
CURRENT YEAR FISCAL IMPACT
There is no impact to the General Fund as a result of this action. The available fund balance of
approximately $3 million in Redevelopment Agency funds will be appropriated and distributed
with $2.5 million to the Third Avenue Streetscape Master Plan and $500,000 to the Main Street
Streetscape Master Plan.
ONGOING FISCAL IMPACT
There is no impact to the General Fund as a result of this action. The obligations of the RDA
under the Cooperation Agreement will be paid from Net Tax Increment, other revenue received
by the RDA and available fund balances ("RDA Funds") in amounts not less than those set forth
in the Payment Schedule and as otherwise necessary to reimburse the City for the cost to the City
of performing its obligations. RDA Funds from the Project Areas as set forth in the Payment
Schedule will be contractually committed in this current fiscal year and forthcoming fiscal years.
ATTACHMENTS
A. Determinations pursuant to Health and Safety Code section 33445 for Bayfront
Master Plan
B. Determinations pursuant to Health and Safety Code section 33445 for Third
Avenue Streetscape Master Plan
C. Determinations pursuant to Health and Safety Code section 33445 for Main Street
Streetscape Master Plan
D. Cooperation and Public Improvement Agreement (Bayfront Master Plan Public
Improvements)
E. Cooperation and Public Improvement Agreement (Third Avenue Streetscape
Master Plan Public Improvements)
F. Cooperation and Public Improvement Agreement (Main Street Streetscape Master
Plan Public Improvements)
Prepared by: Diem Do, Senior Project Coordinator, Development Services-Redevelopment and Housing
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ATTACHMENT A
FINDINGS AND DETERMINATION OF BENEFIT
(California Health and Safety Code section 33445)
FOR THE BAYFRONT MASTER PLAN
The following are facts and determinations pursuant to Health and Safety Code section 33445 are for the
costs of acquisition of land for and/or the cost of installation and construction of the proposed public
improvements (as defined herein and related cooperation agreements and herein after "Public
Improvements") for the Bayfront Master Plan.
Bayfront Master Plan Public Improvements
The following determinations aie for the cost of installation and construction of the Proposed
Improvements located in-the Bayfront Master Plan azea. These proposed public improvements include
the following categories and descriptions of projects:
Public Infrastructure, which include, without limitation, (a) the installation, iepair and
replacement of sidewalks along streets and other public rights-of--way, (b) the installation of
streetscape improvements such as sidewalks, lighting, landscaping and street furniture in and
long streets and other public rights-of--way, (c) the installation of traffic signals and streetlights in
and along streets and other public rights-of--way, (d) the installation, repair and replacement of
roadways and medians, (e) the installation of all necessary wet and dry utilities including
drainage and storm facilities, (f) other multi-modal, public and private vehicular transportation,
traffic, bicycle and pedestrian improvements, and (g) the installation of other transportation and
traffic improvements; and
Parks and Open Space, which include, without limitation, (a) the design and construction of
public pazk improvements, and (b) the restoration of natural habitat and the creation and
enhancement of urban trail systems.
A. DETERMINATIONS OF BENEFIT TO THE PROJECT AREA BY HELPING TO
ELIMINATE BLIGHT
The Improvements, for which the Agency proposes to pay, are of benefit to the Bayfront/Town Centre I
Redevelopment Project Area by helping to eliminate blighting conditions within the Project Area in that:
• The Improvements will improve public safety and health conditions.
• The improvements will improve transportation and improve safety and reduce potential conflicts
between vehicular and pedestrian modes of transportation.
The Improvements will increase the quality of life for residents, visitors and businesses by
improving streetscape, improving community and business identification, and street surface
improvements.
• The Imptovements will increase residential amenities and provide needed public improvements
for the area, which in turn, increases the desire for residents to live and businesses to establish
and expand operations.
• The Improvements will replace inadequate or non-existent public improvements by constructing
sidewalks within the public right-of--way and improving accessibility and mobility to pedestrians.
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• The Improvements will act as a catalyst providing an incentive for private investment, thereby
contribute to the removal of economic blight.
• The Improvements will provide accessibility to and within residential and business districts of
the Project and create accessibility to new and existing park and open space azeas.
B. NO OTHER REASONABLE MEANS OF FINANCING
No other reasonable means of financing the cost of acquisition of land for and/or the cost of installation
and construction of the Improvements are available to the community (i.e., City of Chula Vista) for
which the Agency proposes to pay, in that:
• The City's General Fund is dependent on the financial health of the local economy in addition to
the State and nationwide economy. Some economic indicators aze currently still lagging and
could possibly restrain economic stabilization or expansion in the economy in Fiscal Yeaz 201 1.
The improvement in municipal budgets appeazs to be also lagging the overall economy. Overall,
the economic outlook remains very uncertain in the upcoming fiscal yeaz. Indeed, the City had
declared a Fiscal Emergency in City Resolution 2010-147 (which is, including its attendant Staff
Report, incorporated by reference herein) as a result of the City's poor economic outlook.
The City's General Fund Budget is funded from various sources, but the four largest revenue
sources are property tax, sales tax, motor vehicle license fees and franchise fees and account for
approximately $73.7 million or 55 percent of total General Fund revenues. The decline in these
four major revenues in the Fiscal Yeaz 2011 Adopted Budget accounts for approximately $1.7
million. The City is projecting FYIl revenues to be $131.3 compazed to FY10 revenues of
$130.8, a $0.5 million increase from the prior year.
• In Fiscal Yeaz 2011 sales tax is projected at $24.8 million, which represents an increase of $1.2
million or 5 percent from the Fiscal Yeaz 2010 actual revenues received due to the decline in per
capita income and consumer spending, and the high unemployment rate in the City. TOT is
budgeted at $1.9 million, a decrease of $0.1 million or 5 percent from the Fiscal Yeaz 2010
actual revenues received due to the decline in local tourism. Franchise fees aze projected at $7.2
million, a decrease of $1.3 million or 153percent from the Fiscal Year 2010 actual revenues
received due to the closure of the South Bay Power Plant.
• The City's Fiscal Yeaz 2011 Adopted Budget reflects General Fund revenues and expenditures of
$133.8 million, representing' an increase of $0.8 million or six percent over the Fiscal Year 2010
Adopted Budget.
• The Fiscal Yeaz 2011 Adopted Budget had reduced staffing levels of 6 full-time employees over
the Fiscal Yeaz 2010 Budget. However, total reduction of full-time employees in the last five
yeazs is 259, and it is projected that in the Fiscal Year 2012 Budget staffmg levels may be
reduced by an additional 100 full-time employees.
• The City's Fiscal Year 2011 Adopted Budget, approved by City Council in June 2010, includes
reduced revenue projections adjusted for a continuation of slow economic growth and a
continued constriction of economic activity. Growth in revenues is anticipated to be minhnal in
most major revenue categories.
• The City's Capital Improvements Program ("CIP") budget allocates existing funds and
anticipated revenues to rehabilitate, restore, improve, enhance, and increase the City's capital
facilities. This budget supports the design and construction of a wide range of infrastructure
improvement projects and other significant capital infrastructure investments. The Fiscal Year
2011 CIP Adopted Budget totals $21.6 million. This is a reduction of $9 million from the Fiscal
Yeaz 2010 CIP Adopted Budget of $30.7 million.
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• There is approximately $1 million in fixnds allocated by the City, through a Memorandum of
Understanding, to fund the planning of the Improvements. Given the City's current dire financial
situation and overall negative future economic outlook, there is no present, realistic anticipation
that the City will have adequate funds to complete the Improvements in future fiscal years, to the
extent that the Improvements are constructed in future fiscal yeazs.
• There are currently no funds allocated by the City to fund the construction of Improvements. In
addition, given the City's current dire financial situation and overall negative future economic
outlook, there is no present, realistic anticipation that the City will have adequate funds to
complete the Improvements in future fiscal years, to the extent that the Improvements are
constructed in future fiscal years.
C. CONSISTENCY WITH THE IMPLEMENTATION PLAN
The payment of Agency funds for construction of the Improvements is consistent with the 2010-2014
Implementation Plan, adopted on December 15, 2009, pursuant to section 33490 of the California Health
and Safety Code, in that:
1. The Improvements address the specific goals and objectives of the Implementation Plan, as identified
in the work program which states in pertinent part as follows:
• Appendix B, page 21, "Support approval and implement the Chula Vista Bayfront Master Plan
(CVBMP), including certification of the Bayfront EIR, Local Coastal Program Amendment, and
Port Master Plan Amendment;"
• Appendix B, page 21, "Finance public infrastructure improvements and remediation activities
that will facilitate redevelopment of the Bayfront;"
• Appendix B, page 22, "Collaborate on incentive package for mazketing the Resort Conference
Center site for development;"
• Page 10, "Leverage City/Agency resources to improve public amenities, infrastructure, and
affordable housing that attract private investment: Strategic and accountable public investments,
land assembly, business reinvestment and expansion an debt issuance;"
• Page 12, "By strategically building infrastructure to promote future development ,the Agency
will advance the revitalization goals of the City while creating an environment that attracts
capital and is more readily responsive to market opportunities;"
• Page 13, "Redevelopment will be an integral factor in funding public improvements to support
new development and enhance the aesthetic environment of the Urban Core, particularly in the
Bayfront;"
• Page 13, "Redevelopment of the Bayfront azea into a dynamic array of hotel, residential, and
recreational uses will require considerable infrastructure upgrades and improvements to support
those uses, and developing an infrastructure financing plan will be complex and require
significant inter-agency coordination and support;"
• Page 13, "Tax increment financing will be a major contributor to the substantial infrastructure
costs in the Bayfront...;"
• Page 14, "The Agency should leverage existing resources and assets in the Bayfront/Town
Centre I Area to facilitate key catalyst projects that will amact new investment to help create and
improve public amenities, infrastructure and housing for all income-levels."
2-12
2. By furthering the specific goals and objectives of the Implementation Plan, the Improvements and the
Agency's payment thereof are a means to eliminate blight within the Project Area and to facilitate the
objectives of the Redevelopment Plan for the Project Area.
A copy of the Implementation Plan is on file with the Agency as part of RDA Resolution No. 2009-2015
and incorporated herein, by reference.
2-13
ATTACHMENT B
FINDINGS AND DETERMINATION OF BENEFIT
(California Health and Safety Code section 33445)
FOR THE THIRD AVENUE STREETSCAPE MASTER PLAN
The following are facts and determinations pursuant to Health and Safety Code section 33445 aze for the
costs of acquisition of land for and/or the cost of installation and construction of the proposed public
improvements (as defined herein and related cooperation agreements and herein after "Public
Improvements") for the Third Avenue Streetscape Master Plan.
Third Avenue Streetscape Master Plan Public Improvements
The following determinations are for the cost of installation and construction of the proposed
improvements located in the Third Avenue Streetscape Master Plan area. These proposed public
improvements (collectively hereinafter referred to as the "Improvements") include the. following
categories and descriptions of projects:
Public Infrastructure, which include, without limitation, (a) the installation, repair and
replacement of sidewalks along streets and other public rights-of-way, (b) the installation of
streetscape improvements such as sidewalks, lighting, landscaping and street furniture in and
long streets and other public rights-of--way, (c) the installation of traffic signals and streetlights in
and along streets and other public rights-of--way, (d) the installation, repair and replacement of
roadways and medians, (e) other multi-modal, public and private vehicular transportation, traffic,
bicycle and pedestrian improvements, and (f) the installation of other transportation and traffic
improvements.
A. DETERMINATIONS OF BENEFIT TO THE PROJECT AREA BY HELPING TO
ELIMINATE BLIGHT
The Improvements, for which the Agency proposes to pay, aze of benefit to the Bayfront/Town Centre I
Redevelopment Project Area by helping to eliminate blighting conditions within the Project Area in that:
• The Improvements will improve public safety and health conditions.
• The improvements will improve transportation and improve safety and reduce potential conflicts
between vehiculaz and pedestrian modes of transportation.
• The Improvements will increase the quality of life. for residents, visitors and businesses by
improving streetscape, improving community and business identification, and street surface
improvements.
• The Improvements will increase residential amenities and provide needed public improvements
for the area, which in turn, increases the desire for residents to live and businesses to establish
and expand operations.
• The Improvements will replace inadequate or non-existent public improvements by constructing
sidewalks within the public right-of--way and improving accessibility and mobility to pedestrians.
• The Improvements will act as a catalyst providing an incentive for private investment thereby
contribute to the removal of economic blight.
• The Improvements will provide accessibility to and within residential and business districts of
the Project and create accessibility to existing pazk and open space areas.
2-14
B. NO OTHER REASONABLE MEANS OF FINANCING
No other reasonable means of financing the cost of acquisition of land for and/or the cost of installation
and construction of the Improvements aze available to the community (i.e., City of Chula Vista) for
which the Agency proposes to pay, in that:
• The City's General Fund is dependent on the financial health of the local economy in addition to
the State and nationwide economy. Some economic indicators are currently still lagging and
could possibly restrain economic stabilization or expansion in the economy in Fiscal Yeaz 201 1.
The improvement in municipal budgets appears to be also lagging the overall economy. Overall,
the economic outlook remains very uncertain in the upcoming fiscal year. Indeed, the City had
declazed a Fiscal Emergency in City Resolution 2010-147 (which is, including its attendant Staff
Report, incorporated by reference herein) as a result of the City's poor economic outlook.
• The City's General Fund Budget is funded from various sources, but the four largest revenue
sources aze property tax, sales tax, motor vehicle license fees and franchise fees and account for
approximately $73.7 million or 55 percent of total General Fund revenues. The decline in these
four major revenues in the Fiscal Year 2011 Adopted Budget accounts for approximately $1.7
million. The City is projecting FYll revenues to be $131.3 compared to FY10 revenues of
$130.8, a $0.5 million increase from the prior yeaz.
• In Fiscal Yeaz 2011 sales tax is projected at $24.8 million, which represents an increase of $1.2
million or 5 percent from the Fiscal Yeaz 2010 actual revenues received due to the decline in per
capita income and consumer spending, and the high unemployment rate in the City. TOT is
budgeted at $1.9 million, a decrease of $0.1 million or 5 percent from the Fiscal Year 2010
actual revenues received due to the decline in local tourism. Franchise fees are projected at $7.2
million, a decrease of $1.3 million or 15.3percent from the Fiscal Yeaz 2010 actual revenues
received due to the closure of the South Bay Power Plant.
• The City's Fiscal Yeaz 2011 Adopted Budget reflects General Fund revenues and expenditures of
$133.8 million, representing an increase of $0.8 million or six percent over the Fiscal Yeaz 2010
Adopted Budget.
• The Fiscal Year 2011 Adopted Budget had reduced staffing levels of 6 full-time employees over
the Fiscal Yeaz 2010 Budget. However, total reduction of full-time employees in the last five
yeazs is 259, and it is projected that in the Fiscal Year 2012 Budget staffing levels may be
reduced by an additional 100 full-time employees.
• The City's Fiscal Yeaz 2011 Adopted Budget, approved by City Council in June 2010, includes
reduced revenue projections adjusted for a continuation of .slow economic growth and a
continued constriction of economic activity. Growth in revenues is anticipated to be minimal in
most major revenue categories.
• The City's Capital Improvements Program ("CIP") budget allocates existing funds and
anticipated revenues to rehabilitate, restore, improve, enhance, and increase the City's capital
facilities. This budget supports the design and construction of a wide range of infrastructure
improvement projects and other significant capital infrastructure investments. The Fiscal Yeaz
2011 CIP Adopted Budget totals $21.6 million. This is a reduction of $9 million from the Fiscal
Year 2010 CIP Adopted Budget of $30.7 million.
• There is approximately $1 million in funds allocated by the City, through a Memorandum of
Understanding, to fund the planning of the Improvements. Given the City's current dire fmancial
situation and overall negative future economic outlook, there is no present, realistic anticipation
that the City will have adequate funds to complete the Improvements in future fiscal yeazs, to the
extent that the Improvements aze constructed in future fiscal years.
2-15
• There are currently no funds allocated by the City to fund the construction of Improvements. In
addition, given the City's current dire financial situation and overall negative future economic
outlook, there is no present, realistic anticipation that the City will have adequate funds to
complete the Improvements in future fiscal yeazs, to the extent that the Improvements aze
constructed in future fiscal years.
C. CONSISTENCY WITH THE IMPLEMENTATION PLAN
The payment of Agency funds for construction of the Improvements is consistent with the 2010-2014
Implementation Plan, adopted on December 15, 2009, pursuant to section 33490 of the California Health
and Safety Code, in that:
1. The Improvements address the specific goals and objectives of the Implementation Plan, as identified
in the work program which states in pertinent part as follows:
• Appendix B, page 22, "Finance completion of Third Avenue Streetscape Master Plan (TASMP
Improvements;"
• Page 10, "Leverage City/Agency resources to improve public amenities, infrastructure, and
affordable housing that attract private investment: Strategic and accountable public investments,
land assembly, business reinvestment and expansion an debt issuance;"
• Page 12, "By strategically building infrastructure to promote future development ,the Agency
will advance the revitalization goals of the City while creating an environment that attracts
capital and is more readily responsive to market opportunities;"
• Page 13, "Redevelopment will be an integral factor in funding public improvements to support
new development and enhance the aesthetic environment of the Urban Core;"
• Page 13, "...Increase walkability and pedestrian interaction, improve circulation and provide for
quality design, aesthetics, and identity to the area for mazketing and redevelopment;"
• Page 14, "The Agency should leverage existing resources and assets in the $ayfront/Town
Centre I Area to facilitate key catalyst projects that will attract new investment to help create and
improve public amenities, infrastructure and housing for all income-levels;"
• Page 14, "Leverage existing resources and assets along the downtown Third Avenue business
comdor to collaboratively work with qualified developers...."
2. By furthering the specific goals and objectives of the Implementation Plan, the Improvements and the
Agency's payment thereof aze a means to eliminate blight within the Project Area and to facilitate the
objectives of the Redevelopment Plan for the Project Area.
A copy of the Implementation Plan is on file with the Agency as part of RDA Resolution No. 2009-2015
and incorporated herein, by reference. '
2-16
ATTACHMENT C
FINDINGS AND DETERMINATION OF BENEFIT
(California Health and Safety Code section 33445)
FOR THE MAIN STREET STREETSCAPE MASTER PLAN
The following are facts and determinations pursuant to Health and Safety Code section 33445 are for the
costs of acquisition of land for and/or the cost of installation and construction of the proposed public
improvements (as defined herein and related cooperation agreements and herein after "Public
Improvements") for the Main Street Streetscape Master Plan.
Main Street Streetscape Master Plan Public Improvements
The following determinations aze for the cost of installation and construction of the proposed
improvements located in the Main Street Streetscape Master Plan azea. These proposed public
improvements (collectively hereinafter referred to as the "Improvements") include the following
categories and descriptions of projects:
Public Infrastructure, which include, without limitation, (a) the installation, repair and
replacement of sidewalks along streets and other public rights-of--way, (b) the installation of
streetscape improvements such as sidewalks, lighting, landscaping and street furniture in and
long streets and other public rights-of--way, (c) the installation of traffic signals and streetlights in
and along streets and other public rights-of--way, (d) the installation, repair and replacement of
roadways and medians, (e) other multi-modal, public and private vehicular transportation, traffic,
bicycle and pedestrian improvements, and (f) the installation of other transportation and traffic
improvements.
A. DETERMINATIONS OF BENEFIT TO THE PROJECT AREA BY HELPING TO
ELIMINATE BLIGHT
The Improvements, for which the Agency proposes to pay, are of benefit to the Merged Chula Vista
Redevelopment Project Area by helping to eliminate blighting conditions within the Project Area in that:
• The Improvements will improve public safety and health conditions.
• The improvements will improve transportation and improve safety and reduce potential conflicts
between vehicular and pedestrian modes of transportation.
• The Improvements will increase the quality of life for residents, visitors and businesses by
improving streetscape, improving community and business identification, and street surface
improvements.
• The Improvements will increase residential amenities and provide needed public improvements
for the azea, which in tum, increases the desire for residents to live and businesses to establish
and expand operations.
• The Improvements will replace inadequate or non-existent public improvements by constructing
sidewalks within the public right-of--way and improving accessibility and mobility to pedestrians.
• The Improvements will act as a catalyst providing an incentive for private investment thereby
contribute to the removal of economic blight.
• The Improvements will provide accessibility to and within residential and business districts of
the Project and create accessibility to existing park and open space azeas.
2-17
B. NO OTHER REASONABLE MEANS OF FINANCING
No other reasonable means of financing the cost of acquisition of land for and/or the cost of installation
and construction of the Improvements are available to the community (i.e., City of Chula Vista) for
which the Agency proposes to pay, in that:
• The City's General Fund is dependent on the financial health of the local economy in addition to
the State and nationwide economy. Some economic indicators aze currently still lagging and
could possibly restrain economic stabilization or expansion in the economy in Fiscal Yeaz 201 1.
The improvement in municipal budgets appeazs to be also lagging the overall economy. Overall,
the economic outlook remains very uncertain in the upcoming fiscal year. Indeed, the City had
declared a Fiscal Emergency in City Resolution 2010-147 (which is, including its attendant Staff
Report, incorporated by reference herein) as a result of the City's poor economic outlook.
• The City's General Fund Budget is funded from various sources, but the four lazgest revenue
sources aze property tax, sales tax, motor vehicle license fees and franchise fees and account for
approximately $73.7 million or 55 percent of total General Fund revenues. The decline in these
four major revenues in the Fiscal Year 2011 Adopted Budget accounts for approximately $1.7
million.. The City is projecting FYII revenues to be $131.3 compazed to FY10 revenues of
$130.8, a $0.5 million increase from the prior yeaz.
• In Fiscal Yeaz 2011 sales tax is projected at $24.8 million, which represents an increase of $1.2
million or 5 percent from the Fiscal Year 2010 actual revenues received due to the decline in per
capita income and consumer spending, and the high unemployment rate in the City. TOT is
budgeted at $1.9 million, a decrease of $0.1 million or 5 percent from the Fiscal Yeaz 2010
actual revenues received due to the decline in local tourism. Franchise fees aze projected at $7.2
million, a decrease of $1.3 million or 15.3percent from the Fiscal Yeaz 2010 actual revenues
received due to the closure of the South Bay Power Plant.
• The City's Fiscal Year 2011 Adopted Budget reflects General Fund revenues and expenditures of
$133.8 million, representing an increase of $0.8 million or six percent over the Fiscal Yeaz 2010
Adopted Budget.
• The Fiscal Yeaz 2011 Adopted Budget had reduced staffing levels of 6 full-time employees over
the Fiscal Year 2010 Budget. However, total reduction of full-time employees in the last five
yeass is 259, and it is projected that in the Fiscal Year 2012 Budget staffing levels may be
reduced by an additional 100 full-time employees.
• The City's Fiscal Yeaz 2011 Adopted Budget, approved by City Council in June 2010, includes
reduced revenue projections adjusted for a continuation of slow economic growth and a
continued constriction of economic activity. Growth in revenues is anticipated to be minimal hi
most major revenue categories.
• The City's Capital Improvements Program ("CIP") budget allocates existing funds and
anticipated revenues to rehabilitate, restore, improve, enhance, and increase the City's capital
facilities. This budget supports the design and construction of a wide range of infrastructure
improvement projects and other significant capital infrastructure investments. The Fiscal Yeaz
2011 CIP Adopted Budget totals $21.6 million. This is a reduction of $9 million from the Fiscal
Yeaz 2010 CIP Adopted Budget of $30.7 million.
• .There is approximately $T million in funds allocated by the City, through a Memorandum of
Understanding, to fund the planning of the Improvements. Given the City's current dire financial
situation and overall negative future economic outlook, there is no present, realistic anticipation
that the City will have adequate funds to complete the Improvements in future fiscal yeass, to the
extent that the Improvements are constructed in future fiscal years.
2-18
There are currently no funds allocated by the City to fund the construction of Improvements. In
addition, given the City's current dire financial situation and overall negative future economic
outlook, there is no present, realistic anticipation that the City will have adequate funds to
complete the Improvements in future fiscal yeazs, to the extent that the Improvements are
constructed in future fiscal years.
C. CONSISTENCY WITH THE IMPLEMENTATION PLAN
The payment of Agency funds for construction of the Improvements is consistent with the 2010-2014
Implementation Plan, adopted on December 15, 2009, pursuant to section 33490 of the California Health
and Safety Code, in that:
1. The Improvements address the specific goals and objectives of the Implementation Plan, as
identified in the work program that states in pertinent part as follows:
Appendix B, page 24, "Develop a Main Street Streetscape Master Plan;"
• Appendix B, page 24, "Issue debt to finance Main Street, South Third and Broadway
Improvements;"
• Page 10, "Leverage City/Agency resources to improve public amenities, infrastructure, and
affordable housing that attract private investment: Strategic and accountable public investments,
land assembly, business reinvestment and expansion an debt issuance;"
• Page 12, "By strategically building infrastructure to promote future developmenf ,the Agency
will advance the revitalization goals of the City while creating an environment that attracts
capital and is more readily responsive to mazket opportunities;"
• Page 13, "...Increase walkability and pedestrian interaction, improve circulation and provide for
quality design, aesthetics, and identity to the area for marketing and redevelopment;"
• Page 15, "Major deficiencies continue to exist and will need to be addressed to support
redevelopment and economic development efforts in the Merged Project Area;"
• Page 15, "These redevelopment activities will compliment the City's Infrastructure Management
Program that provides an inventory of infrastructure deficiencies and establishes a prioritization
system for addressing those deficiencies."
2. By furthering the specific goals and objectives of the Implementation Plan, the Improvements
and the Agency's payment thereof are a means to eliminate blight within the Project Area and to
facilitate the objectives of the Redevelopment Plan for the Project Area.
A copy of the Implementation Plan is on file with the Agency as part of RDA Resolution No. 2009-2015
and incorporated herein, by reference.
2-19
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~~~
Glen R. Googins
City Attorney
Dated: ~ ~ ~ ~
COOPERATION AGREEMENT AND
PUBLIC IMPROVEMENTS AGREEMENT
BETWEEN
THE CITY OF CHULA VISTA, AND
THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
FOR BAYFRONT MASTER PLAN PUBLIC IMPROVEMENTS
2-20
Attachment D
COOPERATION AND PUBLIC IMPROVEMENTS AGREEMENT
(Bayfront Master Plan Public Improvements)
This COOPERATION AND PUBLIC IMPROVEMENTS AGREEMENT (Bayfront
Master Plan Public Improvements) ("Cooperation Agreement") is entered into this 8th day of
March 2011, by and between the CITY OF CHULA VISTA, a California municipal corporation
("City") and the REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, a public
body, corporate and politic ("RDA").
RECITALS
WHEREAS, the Redevelopment Agency of the City of Chula Vista (``RDA") is a
community redevelopment agency organized and existing pursuant to the Califomia Community
Redevelopment Law (Health & Safety Code Section 33000, et seq.; "CRL") and has been authorized
to transact business and exercise the powers of a redevelopment agency pursuant to action of the City
Council ("City Council") of the City of Chula Vista ("City"); and
WHEREAS, the City Council adopted the Bayfront/Town Centre Redevelopment Plan
("Redevelopment Plan") for the Bayfront/Town Centre Redevelopment Project ("Project Area") by
adopted ordinances of the City Council as amended from time to time including ordinances merging
the component project areas; and
WHEREAS, the RDA approved the Five-Year Implementation Plan for 2010-2014
("Five-Yeaz Implementation Plan") on December 15, 2009, which included the Bayfront Master
Plan as a priority project in its work program; and
WHEREAS, the RDA is engaged in activities necessary and appropriate to carry out the
Redevelopment Plan for the Project Area; and
WHEREAS, it is a policy of the RDA to improve and provide public improvements which
are of benefit to the Project Area; and
WHEREAS, between 2002 and 2010, San Diego Unified Port District ("District") and
City/Agency worked cooperatively with the community and stakeholders to create a master plan for
development of the approximately 556-acre Chula Vista Bayfront (the "Chula Vista Bayfront")
located on the southeastern edge of San Diego Bay in the City of Chula Vista. The purpose of the
master plan was to reconfigure the 497 acres of land and 59 acres of water uses which comprise the
Chula Vista Bayfront by connecting the land and water acres in a way that will promote public access
to, and engagement with, the water while enhancing the quality and protection of key habitat areas,
with the ultimate goal of creating aworld-class bayfont through strong planning and design,
economic feasibility and community outreach.
WHEREAS, as a result of those efforts, on May 18, 2010 at a joint public meeting of the
City, Agency and District, the District, as Lead Agency of the project, as such term is defined in
California Public Resources Code § 21067, certified a Final Environmental Impact Report for the
Chula Vista Bayfront Master Plan and Port Master Plan Amendment (iJPD # 83356-EIR-658; SCH #
200081077) (the "FEIR"). City and Agency are Responsible Agencies as defined in California
Public Resources Code § 21069. The project described in the FEIR is known as the Chula Vista
1
DOCSOG1469628v2/024036-0034
2-21
Bayfront Master Plan ("CVBMP"). The area encompassed by the CVBMP is hereinafter referred to
as the "CVBMP Project Area." A map showing the CVBMP Project Area and its constituent parcels
is attached hereto as Exhibit A.
WHEREAS, at that same May 18, 2010 joint meeting, the Redevelopment Corporation of
the City of Chula Vista("CVRC") adopted a resolution recommending that the City Council consider
the FEIR and Errata; make certain Findings of Fact; adopt a Statement of Overriding Considerations
and adopt a Mitigation Monitoring and Reporting Program for the CVBMP and Port Master Plan
Amendment; and
WHEREAS, at that same May 18, 2010 joint meeting, the CVRC adopted a resolution
recommending that the City Council approve amendments to portions of the City's General Plan
Land Use and Transportation; Economic; Public Facilities and Services; Environmental; and
Implementation Elements, including associated text, maps and tables involving the Bayfront
Planning area; and
WHEREAS, at that same May 18, 2010 joint meeting, the CVRC made certain findings and
adopted a resolution recommending that the City Council approve an amendment to the Chula Vista
Local Coastal Program consisting of the Land Use Plan and the Specific Plan and amending Chula
Vista Municipal Code Chapters 19.8.1 through 19.87; and
WHEREAS, at that same May 18, 2010 joint meeting, the Planning Commission of the City
of Chula Vista ("Planning Commission") adopted a resolution recommending that the City Council
consider the FEIR and Errata; make certain Findings of Fact; adopt a Statement of Overriding
Considerations and adopt a Mitigation Monitoring and Reporting Program for the CVBMP and Port
Master Plan Amendment; and
WHEREAS, at that same May 18, 2010 joint meeting, the Planning Commission adopted a
resolution recommending that the City Council approve amendments to portions of the City's
General Plan Land Use and Transportation; Economic; Public Facilities and Services;
Environmental; and Implementation Elements, including associated text, maps and tables involving
the Bayfront Planning area; and
WHEREAS, at that same May 18, 2010 joint meeting, the Planning Commission made
certain findings and adopted a resolution recommending that the City Council approve an
amendment to the Chula Vista Local Coastal Program consisting of the Land Use Plan and the
Specific Plan and amending Chula Vista Municipal Code Chapters 19.8.1 through 19.87; and
WHEREAS, at that same May 18, 2010 joint meeting, the City Council adopted a resolution
making certain Findings of Fact; adopting a Statement of Overriding Considerations and adopting a
Mitigation Monitoring and Reporting Program after having considered and relying on the FEIR and
Errata for the CVBMP and Port Master Plan Amendment pursuant to the California Environmental
Quality Act; and
WHEREAS, at that same May 18, 2010 joint meeting, the City Council adopted a resolution
approving amendments to portions of the City's General Plan Land Use and Transportation;
Economic; Public Facilities and Services; Environmental; and Implementation Elements, including
associated text, maps and tables involving the Bayfront Planning area; and
2
DOCSOC/1469628v2/024036-0034 2- 2 2
WHEREAS, at that same May 18, 2010 joint meeting, the City Council adopted a resolution
making certain findings and approving an amended Land Use Plan of the Chula Vista Local Coastal
Program and directed staff to forward the same to the Califomia Coastal Commission for
certification; and
WHEREAS, at that same May 18, 2010 joint meeting, the City Council adopted a resolution
approving the amended Specific Plan of the Chula Vista Local Coastal Program and amended Chula
Vista Municipal Code Chapters 19.8.1 through 19.87; and
WHEREAS, key components of the CVBMP include: a signature park, open space areas
and cultural use; improved visual corridors to San Diego Bay; a resort and convention center and
other hotels; residential and mixed-use office/commercial recreation uses; waterfront retail uses and
public gathering spaces around the harbor; a new commercial harbor and improved navigation
channel; a public promenade and bike trail through the entire bayfront; and large buffer zones to
protect adjacent sensitive resources; and
WHEREAS, in order to implement the residential use component of the CVBMP, it was
necessary to release certain parcels in the CVBMP area from the use restrictions imposed by the
Public Trust Doctrine which precluded residential uses; and
WHEREAS, the California State Lands Commission ("SLC") is authorized by Division 6 of
the California Public Resources Code, including Section 6307, to exchange interests in real property
subject to the Public Trust Doctrine for interest in other non-trust lands of equal or greater value; and
WHEREAS, the District applied for approval to exchange certain trust lands for non-trust
lands to facilitate the implementation of the residential use component of the CVBMP; and
WHEREAS, on December 10, 2010 the SLC approved an exchange of those properties
thereby facilitating implementation of a key component of the CVBMP; and
WHEREAS, each of the City Council of the City of Chula Vista and the governing board of
the RDA has determined that the public health and safety will be promoted by providing for payment
of part of the costs of the acquisition of land and for the cost of construction and installation of
certain public improvements, in particular the land and improvements necessary for the construction
and installation of those public improvements which are to be publicly owned and which are
contemplated by the FEIR and the CVBMP all as more fully described in Exhibit "B" attached hereto
and fully incorporated by this reference, excepting those public improvements which are not in the
Project Area or for which a public hearing is required under Section 33679 of the CRL prior to an
Agency commitment ("Bayfront Master Plan Public Improvements"); and
WHEREAS, the Bayfront Master Plan Public Improvements are located generally within the
Project Area, and will be of benefit to the Project Area; and
WHEREAS, the Bayfront Master Plan Public Improvements to be assisted by the RDA
pursuant to the Cooperation Agreement are located within to the boundaries of the Project Area, and
will be of benefit to the Project Area and the residents of the community, and will help to eliminate
blight within the Project Area, in particular the deficient and lack of infrastructure described in the
Redevelopment Plan and the current Implementation Plan for the Project Area; and
3
DOC SOC/ 1469628v2/024036-0034
2-23
WHEREAS, the City and RDA desire to enter into that certain Cooperation and Public
Improvements Agreement ("Cooperation Agreement") under which the RDA would commit,
encumber, and pay up to One Hundred -Thirty -Six million Dollars ($136,000,000) from all
available tax increment funds described in Section 4 for part of the costs of acquisition of land and
the design, acquisition, installation and construction of the Bayfront Master Plan Public
Improvements and the City would agree to manage and cause the design, acquisition, installation and
construction of such improvements, provide necessary staff support services for the administration
and implementation of the Bayfront Master Plan Public Improvements design, approval and
construction program; and carry out actions specified in adopted City Council Resolution No. 2009-
177 that established the Chula Vista Tourism Marketing District and the levy of assessments to fund
capital improvements or to provide revenues for debt service provided for Bayfront Master Plan
infrastructure bonds in accordance with California Streets and Highway Code Section 36600 et seq;
and
WHEREAS, the RDA and the City have explored all possible funding sources for the
Bayfront Master Plan Public Improvements, including federal, state, and local sources, and the
efforts of private property owners and developers and there are no other reasonable means of
financing the part of the costs to acquire the land and for the administration, design, installation and
construction of the Bayfront Master Plan Public Improvements available to the community other than
with RDA funds as explained in the materials and information submitted herewith; and
WHEREAS, the RDA desires to pay for part of the value of the land and for costs of
construction and installation of the Bayfront Master Plan Public Improvements in the amounts set
forth herein, in Exhibit B, and more fully provided in the Cooperation Agreement; and
WHEREAS, the RDA has reviewed evidence, including testimony, if any, prepared and/or
submitted in connection with this matter, and has determined that the foregoing recitals, and each of
them, are true and correct, and further has determined that the provision of the Bayfront Master Plan
Public Improvements is in the best interests of the City and the RDA and the health, safety, and
welfare of its residents, and in accord with the public purposes and provisions of applicable state and
local law requirements; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA") the District as
Lead Agency certified the FEIR and therefore, no further or other CEQA actions or determinations
are necessary relating to findings and determinations hereunder and approval of the Cooperation
Agreement (collectively "Approved FEIR"); and
WHEREAS, all other legal prerequisites to this Cooperation Agreement have occurred and
the agenda report accompanying this resolution is incorporated by this reference.
WHEREAS, Pursuant to Section 33220 of the CRL, certain public bodies, including the City may
aid and cooperate in the planning, undertaking, construction, or operation of redevelopment projects.
The programs and activities associated with the Bayfront Master Plan Public Improvements include
but are not limited to acquisition ofrights-of--way, construction bid documents, bidding, award of
bid, and financing the commencement through completion of the construction of such public works
project. The RDA desires the assistance and cooperation of the City to enable the RDA to carry out
the implementation and completion of the Bayfront Master Plan Public Improvements in accordance
with the objectives and purposes of the Redevelopment Plan for the Project Area. The City agrees
(1) to aid and cooperate with the RDA to expeditiously implement the Bayfront Master Plan Public
4
DOC SOC/ 1469628v2/024036-0034
2-24
Improvements in accordance with the approved plans and specifications in furtherance of the
Redevelopment Plan and Implementation Plan for the Project Area; and (2) to undertake and
complete all actions necessary or appropriate to ensure that the objectives thereof are fulfilled within
the time of effectiveness of the Project Area. The Redevelopment Plan, implementation plans, and
related official records of the RDA are incorporated herein by reference. In no event shall the RDA
pay for the normal operation and maintenance of Bayfront Master Plan Public Improvements
pursuant to this Agreement.
WHEREAS, the City and the RDA desire to enter into this Cooperation Agreement:
(1) To set forth the scope and description of the Bayfront Master Plan Public
Improvements that are budgeted for and will be budgeted for payment in subsequent fiscal years in
the amounts set forth in Exhibit B, which will cause the RDA to fund in part such public
improvement project all in furtherance of the goals, objectives, and functions of the RDA under the
CRL; and
(2) To provide that the RDA will encumber, allocate, make available, and be
responsible for up to One Hundred -Thirty -Six million Dollars ($136,000,000) from all available
tax increment funds described in Section 4 ("RDA Amount") for payment of part of the costs of the
land and the administration, design, installation and construction of the Bayfront Master Plan Public
Improvements; and
(3) To cause the City to manage and cause the design, acquisition, installation
and construction of the Bayfront Master Plan Improvments and provide necessary staff support
services for the implementation and administration of the Bayfront Master Plan Improvements
design, approval and construction program and to carry out actions specified in adopted City Council ,
Resolution 2009-177 that established the Chula Vista Tourism Mazketing District related to the levy
of assessments to fund capital improvements or to provide revenues for debt service providing for
Bayfront Master Plan infrastructure bonds in accordance with California Streets and Highway Code
Section 36600 et seq..
WHEREAS, the commitment of tax increment hereunder shall constitute an obligation to
make payments authorized and incurred pursuant to Section 33445 and other applicable statutes.
The obligations set forth in this Cooperation Agreement will be contractual obligations that,
if breached, will subject the RDA to damages and other liabilities or remedies.
A. The foregoing Recitals are true and correct and constitute a substantive part of this
Cooperation Agreement.
NOW THEREFORE, in consideration of the above Recitals and all of the covenants and
conditions set forth in this Cooperation and Public Improvements Agreement, the RDA and the City
agree as follows:
Section 1. RDA Contribution. RDA agrees to pay the RDA Amount of up to One-Hundred -
Thirty -Six million Dollars ($136,000,000) from all available tax increment funds described in
Section 4 to the City to pay part of the costs of the land for and other costs of the administration,
installation and construction of the Bayfront Master Plan Public Improvements. A schedule of this
Section improvements and estimated costs is included as Exhibit B.
5
DOCSOC/ 1469628 v2/024036-0034
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Section 2. City Contribution. To the extent permitted by law and the proceedings related to
the Chula Vista Tourism Marketing District, City agrees to pay from the RDA Amount made from
time to time and other funds identified in this Section eligible costs to manage and cause the design,.
acquisition, installation and construction of the Bayfront Master Plan Improvments and provide
necessary staff support services for the implementation and administration of the Bayfront Master
Plan Improvements design, approval and construction program and to carry out actions specified in
adopted City Council Resolution 2009-177 that established the Chula Vista Tourism Marketing
District and the levying of assessments to fund capital improvements or to provide revenues for debt
service for Bayfront Master Plan infrastructure bonds in accordance with California Streets and
Highway Code Section 36600 et seq.
Section 3. Use of RDA Amount. City and RDA agree that the funds provided by the RDA
pursuant to this Cooperation Agreement shall be expended to pay part of the costs of the land for and
the costs of the construction and installation of the Bayfront Master Plan Public Improvements as
more fully described in Exhibit B consistent with the requirements of the CRL.
Section 4. Indebtedness. The obligations of the RDA under this Cooperation Agreement shall
constitute an indebtedness of the RDA for the purposes of carrying out public improvements, which
indebtedness shall be payable from tax increment funds generated from the Project Area pursuant to
Section 33670(b), et seq., of the CRL. The RDA's payment obligation hereunder is and shall be
deemed to be, a pledge of tax increment allocated to the RDA for purposes of Article XVI, Section
16 of the State Constitution, the CRL (including without limiation Section 33670 and 33691 therein)
and the Redevelopment Plan attributable to the Project Area. 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 indebtedness (all referred to herein as "indebtedness") of the RDA incurred or
issued to finance the Project Area, including without limitation any pledge of tax increment revenues
from the Project Area to pay any portion of the principal and interest (and otherwise comply with the
obligations and covenants) of any bond or bonds issued or sold by the RDA with respect to the
Project Area and any other prior express pledges of such tax revenues made or contemplated by the
Agency on or before the effective date of this Agreement; and shall not include any funds otherwise
required to be deposited in the Agency's Low and Moderate Income Housing Fund. In no event
shall amounts be payable hereunder in the amounts or for any period which would cause the
Agency to violate any limitation in effect as of the date of this Agreement with respect to the
Agency's right to receive taxes allocated to the Agency under Section 33670(b) and related laws,
including the limit on the last date to receive tax increment or on the gross amount of tax
increment payable to the Agency, or any other applicable limit imposed by law , it being the
purpose and intent that all amounts payable hereunder shall be limited by and within all such
applicable limits.
Section 5. Anything not to the contrary herein notwithstanding, annually, the Agency shall
remit the full amount of available tax increment provided in this Section 4 ("Available Tax
Increment") to the City. If at any time the City advances funds for eligible costs hereunder
which are not paid within thirty (30) days of the receipt of invoice, such advances shall bear
interest at a rate equal to either (i) if the City has funded such advances from a specific, traceable
source of funds, including certificates of participation, lease revenue bonds or other long-term
financing arrangement, the City's cost of fixnds from which the City expenditure is made, or
(ii) otherwise, the average rate paid by the Local Agency Investment Fund of the State of
6
DOCSOC/t469628v2/024036-0034
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California, as certified in writing to the Agency by the City, to be payable from the
first Available Tax Increment revenues received by the Agency.
Section 6. RDA Payment of Invoices. Pursuant to this Cooperation Agreement, RDA will be
paying a portion of the costs of the land for and the costs of construction and installation of the
Bayfront Master Plan Public Improvements and more fully described in Exhibit B. By such
payments, the RDA will remit up to the total ,of One Hundred -Thirty -Six Million Dollars
($136,000,000) of available Tax Increment as encumbered and to be paid hereunder for such
acquisition costs. The City will at least annually submit invoices to the RDA for payment of
eligible costs hereunder and the City may demand payment in advance of any expenditure by it
for such eligible costs of the Bayfront Master Plan Public Improvements so long as amounts
received are expended solely for such purposes, are accounted for separately, and the City makes
at least an annual accounting to the Agency of the expenditure of any such amounts.
Section 7. City Acceptance. The City accepts funds, if any, remitted by the RDA pursuant to
this Cooperation Agreement, if and to the extent the RDA does not make payments directly on
invoices related to the Bayfront Master Plan Public Improvement, in which event the City shall
devote such funds to payment for the Bayfront Master Plan Public Improvements, including using
such funds to pay third parties who will be selling rights-of--way to the City and third parry(ies)
performing work required to carry out and complete the Bayfront Master Plan Public Improvements.
Section 8. General Provisions.
(a) RDA Approvals and Actions. The RDA shall maintain the authority to implement
this Cooperation Agreement through the Executive Director (or his duly authorized representative).
The Executive Director shall have the authority to make approvals, issue interpretations, waive
provisions, and/or enter into certain amendments of this Cooperation Agreement on behalf of the
RDA so long as such actions do not add to the costs incurred or to be incurred by the RDA as
specified herein. Such approvals, interpretations, waivers and/or amendments may include
.extensions of time to perform. All material and/or substantive interpretations, waivers, or
amendments shall require consideration and action by the RDA Board.
(b) Citv Approvals and Actions. The City shall maintain the authority to implement this
Cooperation Agreement through the City Manager (or his or her duly authorized representative).
The City Manager shall have the authority to make approvals, issue interpretations, waive provisions,
and/or enter into certain amendments of this Cooperation Agreement on behalf of the City so long as
such actions do not add to the costs incurred or to be incurred by the City as specified herein.
Such approvals, interpretations, waivers and/or amendments may include extensions of time to
perform. All material and/or substantive interpretations, waivers, or amendments shall require
consideration and action by the City Council.
(c) Modifications. Any alteration, change or modification of or to this Cooperation
Agreement, in order to become effective, shall be made in writing and in each instance'signed on
behalf of each party.
(d) Severabilitv. If any term, provision, condition or covenant of this Cooperation
Agreement or its application to any party or circumstances shall be held, to any extent, invalid or
unenforceable, the remainder of this Cooperation Agreement, or the application of the term,
provision, condition or covenant to persons or circumstances other than those as to whom or which it
7
DOCSOC/ 1469628v2/02403 6-0034
2-27
is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest
extent permitted by law.
(e) Third Party Beneficiaries. The terms and provisions of this Cooperation Agreement
are for the benefit of the RDA and City, and as and if applicable for the benefit of any successor
entity pursuant to applicable laws and regulations, as now existing or hereafrer amended or added.
(~ Cooperation. Each party agrees to cooperate with the other in this transaction and, in
that regard, to sign any and all documents which may be reasonably necessary, helpful, or
appropriate to carry out the purposes and intent of this Cooperation Agreement including, but not
limited to, releases or additional agreements.
(g) 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 wrongful acts or omissions
occurring in the performance of this Cooperation 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 Govemment Code
Section 895.2.
(h) Default. If either parry fails to perform or adequately perform an obligation required
by this Cooperation Agreement within thirty (30) calendar days of receiving written notice from the
non-defaulting party, the parry 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 parry enumerated in
this paragraph are cumulative and shall not limit the non-defaulting party's rights under any other
provision of this Cooperation Agreement, or otherwise waive or deny any right or remedy, at law or
in equity, existing as of the date of the Cooperation Agreement or hereinafter enacted or established,
that may be available to the non-defaulting party against the defaulting party. All notices of defaults
shall clearly indicate a notice of default under this Cooperation Agreement.
(i) Bindin¢ on Successors. This Cooperation 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. In the event the City succeeds to the Agency's rights and obligations, by operation of law or
otherwise, all amounts to be paid hereunder shall continue as an obligation payable from a
special fund from the Available Tax Increment revenues payable hereunder, and from all other
assets of the Agency not otherwise encumbered (i) as of the date of this Agreement or (ii) as may
be subsequently approved by the Agency after the date of this Agreement with the prior written
consent of the City.
(j) Rioht to Terminate.
Agreement in its sole determination
Cooperation Agreement, RDA shall
DOCSOC/1469628v2/024036-0034
The City shall have the right to terminate this Cooperation
upon reasonable cause. In the event the City terminates this
immediately pay the entire portion of the RDA Amount
-Za
amibutable to any and all expenditures made by the City in furtherance of the construction and
installation of the Bayfront Master Plan Public Improvements.
(k) Term. Unless earlier terminated by the City pursuant to Section 7(j), this Agreement
shall remain in effect until the either of the following has occurred: (1) the completion by the City of
this Bayfront Master Plan Public Improvements identified and as amended, from time to time, or
RDA has paid the entire RDA Amount to the City.
Section 9. Pledge of Tax Increment; No Merger. The obligations of the Agency under this
Agreement. shall constitute a pledge of tax increment allocated to the Agency from the
Redevelopment Project pursuant to Section 33670, et seq. (specifically Sections 33671 and 33671.5)
of the Redevelopment Law and Article XVI; Section 16 of the California Constitution ("Tax
Increment"), which pledge is subordinate to all prior express pledges of Tax Increment. In the event
the City succeeds to the Agency's rights and obligations, by operation of law or otherwise, the
obligation of the Agency hereunder shall not merge and all amounts remaining to be paid by the
Agency hereunder shall be deemed to be payable to the City from a special fund, consisting of the
available Tax Increment that would otherwise be allocated to the Agency and all other assets of the
Agency.
[Signature blocks on following page.]
DOCSOC/1469628d2/024036-0034
2-29
IN WITNESS WHEREOF, the City and the RDA have executed this Cooperation
Agreement as of the date first set forth above.
CITY:
CITY OF CHULA VISTA, a California municipal
corporation
By:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
Glen Googins, City Attorney
RDA:
REDEVELOPMENT AGENCY OF THE CITY
OF CHULA VISTA, a public
body, corporate and politic
By:
ATTEST:
RDA Secretary
Executive Director
10
DOCSOC/ 1469628x2/024036-0034
2-30
EXHIBIT A
(see attached)
EXHIBIT B
Page 1 of 3
DOCSOC/1469628v2/024036-0034 2-3 ~
Exhibit A
AERWL SOURCE: DIGITAL GLOBE, MARCH 2007
Final Environmental Impact Report (EIR) for the Chula Vista Bayfront Master Plan FIGURE
Pr a Location on Aerial Photograph 3-2
°~-~~
EXHIBIT B
EXI3IBIT B
Page 2.of 3
DOCSOC/1469628v2/024036-0034
2-33 .
STA BAYFRONT
MASTER PLAN
.,
OPINION OF .PROBABLE COST
(CLASS 3iii ESTIMATE)
F I N A L
As of October 2009
Submitted By
t
Exhibit B
APPENDDEI
Chula Vista Infrastructure For All Streets Using Sewer Option 1
Estimated Construction Cost Including All Mark-up Percentages
Construction Base Estimated Construction Cost 94,473,693
Desi n Fee - 5% 4,723,685
Permittin Plan Check Fees - 1% 944,737
Construction Administration Fee - 4% 3,778,948
Pro'ect Mana ement Fee - 2% 1,889,474
Permanent Ca acl Fee 8,837,143
Subtotal of Construction Base.Estimated Construction Cost - ~ ~-...:$114,647,679
Land-Ac ulsltion; RV Park ~--.. ~~ ; :: _ ---. ~ i; $9;296,419
Total Constructioh Base Estimated Cost 2009 ; 2$123,944,098
Subtotal of Construction;Bas@,Estimated,Co`nstniction Cost:.•.~x,~ .,..._:;.: ., ~ , ;,_; ~ ,~_,,,_:,-,;$11.4;647;679 . ;~~:~-
EstimateCOntln enc _25%;of.SutitotalBase,Co§t:.. .,.u,_,,.~: __._.,~.:_ ,,,...__ ___;;!$28;661,920 __=.;
-
Lar3d'Ac;'Uisition; :RV Park:.;-r+'"'~'~~ - ,. -~- -~~~_ -..... _ ;. - _. _
-- ,.-:$9,296;419
Escalation From Mach 2004ito Dedember 201,1 -:4:2% _,, v. .~ ~ _ .,.~ ..., , ~> ,~~_.,,, „~,~.:,.: x,$6,019,003 -;_,:
Total Construction Base Cost with'25% Contin ency'<--=~.•-=,.--M--.,-~-;~ - .w,..,",$158,625021 ~-`
Total:Estiin""a"tedTCo'stforSewery~,~tion~1~With'°All`AAarkups A'$758,625,;021:
r
URS October 2009
2-35
Exhibit B,
APPENDIX 1
Chula Vista infrastructure
Sewer Option 1
Su`m_'ofTotal_Cost . _ _~ " '"~_~^-~~-~^
DIVISION "' Total , ~^ "'"'Tr9"~'?^~"'°-
- .,~ .:-.
01 Site Preparation Total 3,364,897
02 Demolition Total 2,952,733
03 Earthwork Total 6,153,611
04 Sewer (OP1) Total 14,290,539
05 Water Total 4,745,552
06 Storm Drainage Total 12,149,455
07 Natural Gas Total 214,065
08 Electrical Total 6,878,315
09 Roadways Total 14,532,443
10 Traffic Signalization Total 1,631,993
11 Streetscape Total 3,503,135
12 Off Site Traffic Modifications Total 3,267,749
13 Park Improvements Total 7,267,790
14 Hazmat Earthwork Total 704,747
14 Hazmat Earthwork (MT) Total 44,876
15 Hazmat Disposal Fee Total 387,526
15 Hazmat Disposal Fee (MT Total 70,224
16 Water Quality Total 2,421,055
17 Dewatering Total 76,718
•17 Dewatering (MT) Total 42,037
18 Biological Mitigation Total 971,666
19 Micro Tunnelin Storm Drainage Total 1,754,615
20 Parking Lots Total 2,777,253
21 Boatyard Total 252,894-
22 Fire House Total 4,017,803
_.
Grand Total." _.
94,473,693
JRS 2-36 October 2009
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Glen R. Googins
City Attorney
Dated: J' ~ ~ f
COOPERATION AGREEMENT AND
PUBLIC IMPROVEMENTS AGREEMENT
BETWEEN
THE CITY OF CHULA VISTA, AND
THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
FOR THIRD AVENUE STREETSCAPE
MASTER PLAN PUBLIC IMPROVEMENTS
2-37
ATTACHMENT E
COOPERATION AND PUBLIC IMPROVEMENTS AGREEMENT
(Third Avenue Streetscape Master Plan Public Improvements)
This COOPERATION AND PUBLIC MPROVEMENTS AGREEMENT (Third
Streetscape Master Plan Public Improvements) ("Cooperation Agreement") is entered into this
8th day of March 2011, by and between the CITY OF CHULA VISTA, a Califomia municipal
corporation ("City") and the REDEVELOPMENT AGENCY OF THE CITY OF CHULA
VISTA, a public body, corporate and politic ("RDA").
RECITALS
WHEREAS, the Redevelopment Agency of the City of Chula Vista ("RDA") is a
community redevelopment agency organized and existing pursuant to the Califomia Community
Redevelopment Law (Health & Safety Code Section 33000, et seq.; "CRL") and has been authorized
to transact business and exercise the powers of a redevelopment agency pursuant to action of the City
Council ("City Council") of the City of Chula Vista,("City"); and
WHEREAS, the City Council adopted the Bayfront/Town Centre Redevelopment Plan
("Redevelopment Plan") far the Bayfront/Town Centre Redevelopment Project ("Project Area") by
adopted ordinances of the City Council as amended from time to time including ordinances merging
the component project areas; and
WHEREAS, the RDA approved the Five-Year Implementation Plan for 2010-2014
("Five-Year Implementation Plan") on December 15, 2009, which included the Third Avenue
Streetscape Master Plan as a priority project in its work program; and
WHEREAS, the RDA is engaged in activities .necessary and appropriate to carry out the
Redevelopment Plan for the Project Area; and
WHEREAS, it is a policy of the RDA to improve and provide public improvements which
are of benefit to the Project Area; and
WHEREAS, the 2005 General Plan and the 2007 Urban Core Specific Plan (UCSP), both of
which are incorporated by reference herein, identified Chula Vista's older downtown core, Third
Avenue Village, as an urban center with great emphasis placed on linking higher density housing and
mixed uses around a new hierarchy of transportation modes; pedestrians, transit, bicyclists and cars;
and
WHEREAS, as a key activity center, the Third Avenue Village area plays a critical role in
activating Chula Vista's Urban Core. Plans for pedestrian improvements and traffic calming elements
were introduced along Third Avenue in the Village District to slow traffic and create a more
pedestrian-friendly environment. Improvements such as "bulbouts" (sidewalk extensions), narrowed
and/or reduced travel lanes, special paving at crosswalks and median refuge islands, "paseos" linking
public. parking to the main commercial corridor and pedestrian walkways are emphasized for this
area. Bicycle transit and upgraded bikeway facilities throughout the area were recommended for both
recreational and commuting users. In addition, a Transit Focus Area at Third Ave and H Street
provides multi-modal opportunities for both local and regional transit stations located at I-5/H Street
and I-5/E Street which link to the San Diego Trolley's Blue Line; and
DOC SOC/ 146962842/024036-0034
2-38
WHEREAS, City and RDA Staff has examined the requirements of Health and Safety
Code section 33445 regarding payments for land and improvements and prepared a report
(Attachment B to the City's Staff report) and which is hereby incorporated herein by reference)
in compliance with Section 33445 supporting the required findings made herein; and
WHEREAS, each of the City Council of the City of Chula Vista and the governing board of
the RDA has determined that the public health and safety will be promoted by providing for payment
of all or part the cost of construction and installation of certain public improvements, in particular the
improvements for the design, construction and installation of those public improvements which are to
be publicly owned and which are contemplated by the Third Avenue Streetscape Master Plan and as
more fully described, but not limited to in Exhibit "B" attached hereto and fully incorporated by this
reference, excepting those public improvements which are not in the Project Area or for which a
public hearing is required under Section 33679 of the CRL prior to an Agency commitment ("Third
Avenue Streetscape Master Plan Public Improvements"); and
WHEREAS, the Third Avenue Streetscape Master Plan Public Improvements are located
generally within the Project Area, and will be of benefit to the Project Area; and
WHEREAS, the Third Avenue Master Plan Public Improvements to be assisted by the RDA
pursuant to the Cooperation Agreement are located within the boundaries of the Project Area, and
will be of benefit to the Project Area and the residents of the community, and will help to eliminate
blight within the Project Area, in particular the deficient and lack of infrastructure described in the
Redevelopment Plan and the current Implementation Plan for the Project Area; and
WHEREAS, the City and RDA desire to enter into that certain Cooperation and Public
Improvements Agreement ("Cooperation Agreement") under which the RDA would commit,
encumber, and pay up to Four Million Dollars ($4,000,000) from all available tax increment funds
described in Section 4 for all or part of the costs the design, construction and installation of the Third
Avenue Streetscape Master Plan Public Improvements and the City would agree to cooperate with
the RDA and cause, using funds provided by the RDA, the Third Avenue Streetscape Master Plan
Public Improvements to be implemented in a timely manner; and
WHEREAS, the RDA and the City have determined there are no other reasonable means of
financing the part of the costs to acquire the land and for the administration, design, installation and
construction of the Third Avenue Streetscape Master Plan Public Improvements available to the
community other than with RDA funds as explained in the materials and information submitted
herewith; and
WHEREAS, the RDA desires to pay for all or part of the costs of design, construction and
installation of the Third Avenue Streetscape Master Plan Public Improvements in the amounts set
forth herein; and
WHEREAS, the RDA has reviewed evidence, including testimony, if any, prepared and/or
submitted in connection with this matter, and has determined that the foregoing recitals, and each of
them, are true and correct, and further has determined that the provision of the Third Avenue
Streetscape Master Plan Public Improvements is in the best interests of the City and the RDA and the
health, safety, and welfare of its residents, and in accord with the public purposes and provisions of
applicable state and local law requirements; and
2
DOCSOC/ 1469628v2/024036-0034
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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-O1 ("FEIR-
06-01") for the Urban Core Specific Plan ("UCSP"). On January 25, 2011 the City, acting as Lead
Agency, having found and determined that certain amendments to the UCSP, including the subject
Streetscape Master Plan, 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; therefore, approval of the subject
Cooperation Agreement requires no further CEQA actions or determinations; and
WHEREAS, all other legal prerequisites to this Cooperation Agreement have occurred and
the agenda report accompanying this resolution is incorporated by this reference.
WHEREAS, Pursuant to Section 33220 of the CRL, certain public bodies, including the City may
aid and cooperate in the planning, undertaking, construction, or operation of redevelopment projects.
The programs and activities associated with the Third Avenue Streetscape Master Plan Public
Improvements include but are not limited to acquisition ofrights-of--way, construction bid
documents, bidding, award of bid, and financing the commencement through completion of the
construction of such public works project. The RDA desires the assistance and cooperation of the
City to enable the RDA to carry out the implementation and completion of the Third Avenue Street
Scape Master Plan Public Improvements in accordance with the objectives and purposes of the
Redevelopment Plan for the Project Area. The City agrees (1) to aid and cooperate with the RDA to
expeditiously implement the Third Avenue Streetscape Master Plan Public Improvements in
accordance with the approved plans and specifications in furtherance of the Redevelopment Plan and
Implementation Plan for the Project Area; and (2) to undertake and complete, using funds provided
by RDA, all actions necessary or appropriate to ensure that the objectives thereof are fulfilled within
the time of effectiveness of the Project Area. The Redevelopment Plan, implementation plans, and
related official records of the RDA are incorporated herein by reference. In no event shall the RDA
pay For the normal operation and maintenance of Third Avenue Streetscape Master Plan Public
Improvements pursuant to this Agreement.
WHEREAS, the City and the RDA desire to enter into this Cooperation Agreement:
(I) To set forth the scope and description of the Third Avenue Streetscape Master
Plan Public Improvements that are budgeted for and will be budgeted for payment in subsequent
fiscal years in the amounts, which will cause the RDA to fund all or part of such public improvement
projects all in furtherance of the goals, objectives, and functions of the RDA under the CRL; and
(2) To provide that the RDA will encumber, allocate, make available, and be
responsible for up to Four Million Dollars from all available tax increment funds described in Section
4 ("RDA Amount") for payment of all or part of the costs for design, installation and construction of
the Third Avenue Streetscape Master Plan Public Improvements; and
(3) To cause the City to cooperate with the RDA and cause, using funds provided
by the RDA, the Third Avenue Streetscape Master Plan Public Improvements to be implemented
WHEREAS, the commitment of tax increment hereunder shall constitute an obligation to
make payments authorized and incurred pursuant to Section 33445 and other applicable statutes.
3
DOC SOC/ 1469628v2/024036-0034
2-40
The obligations set forth in this Cooperation Agreement will be contractual obligations that,
if breached, will subject the RDA to damages and other liabilities or remedies.
A. The foregoing Recitals are true and correct and constitute a substantive part of this
Cooperation Agreement.
NOW THEREFORE, in consideration of the above Recitals and all of the covenants and
conditions set forth in this Cooperation and Public Improvements Agreement, the RDA and the City
agree as follows:
Section 1. RDA Contribution. RDA agrees to pay the RDA Amount of up to Four Million
Dollars ($4,000,000) from all available tax increment funds described in Section 4 to the City to pay
part of the costs of the land for and other costs of the administration, installation and construction of
the Third Avenue Streetscape Master Plan Public Improvements. A schedule of this Section
improvements and estimated costs is included as Exhibit B.
Section 2. City Contribution. The City agrees that it will cooperate with the RDA and cause,
using the RDA Amount, the implementation of the Third Avenue Streetscape Master Plan Public
Improvements, as stated herein, in a timely manner.
Section 3. Use of RDA Amount. City and RDA agree that the funds provided by the RDA
pursuant to this Cooperation Agreement shall be expended to pay all or part of the costs of the
construction and installation of the Third Avenue Streetscape Master Plan Public Improvements as
more fully described in Exhibit B consistent with the requirements of the CRL.
Section 4. Indebtedness. The obligations of the RDA under this Cooperation Agreement shall
constitute an indebtedness of the RDA for the purposes of carrying out public improvements, which
indebtedness shall be payable from tax increment funds generated from the Project Area pursuant to
Section 33670(b), et seq., of the CRL. The RDA's payment obligation hereunder is and shall be
deemed to be, a pledge of tax increment allocated to the RDA for purposes of Article XVI, Section
16 of the State Constitution, the CRL (including without limitation Section 33670 and 33691 therein)
and the Redevelopment Plan attributable to the Project Area. 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 indebtedness (all referred to herein as "indebtedness") of the RDA incurred or
issued to finance the Project Area, including without limitation any pledge of tax increment revenues
from the Project Area to pay any portion of the principal and interest (and otherwise comply with the
obligations and covenants) of any bond or bonds issued or sold by the RDA with respect to the
Project Area and any other prior express pledges of such tax revenues made or contemplated by the
Agency on or before the effective date of this Agreement, and shall not include any funds otherwise
required to be deposited in the Agency's Low and Moderate Income Housing Fund. In no event
shall amounts be payable hereunder in the amounts or for any period which would cause the
Agency to violate any limitation in effect as of the date of this Agreement with respect to the
Agency's right to receive taxes allocated to the Agency under Section 33670(b) and related laws,
including the limit on the last date to receive tax increment or on the gross amount of tax
increment payable to the Agency, or any other applicable limit imposed by law , it being the
purpose and intent that all amounts payable hereunder shall be limited by and within all such
applicable limits.
4
DOC SOC/ 1469628v2/024036-0034
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Anything not to the contrary herein notwithstanding, annually, the Agency shall remit the full
amount of available tax increment provided in this Section 4 ("Available Tax Increment") to the
City. If at any time the City advances funds for eligible costs hereunder which aze not
paid within thirty (30) days of the receipt of invoice, such advances shall bear interest at a rate
equal to either (i) if the City has funded such advances from a specific, traceable source of funds,
including certificates of participation, lease revenue bonds or other long-term financing
arrangement, the City's cost of funds from which the City expenditure is made, or (ii) otherwise,
the average rate paid by the Local Agency Investment Fund of the State of California, as
certified in writing to the Agency by the City, to be payable from the first Available Tax
Increment revenues received by the Agency.
Section 5. RDA Payment of Invoices. Pursuant to this Cooperation Agreement, RDA will be
paying a portion of the costs of the land for and the costs of construction and installation of the Third
Avenue Streetscape Master Plan Public Improvements and more fully described in Exhibit B. By
such payments, the RDA will remit up to the total of Four Million Dollars ($4,000,000) of available
Tax Increment as encumbered and to be paid hereunder for such acquisition costs. The City will at
least annually submit invoices to the RDA for payment of eligible costs hereunder and the City
may demand payment in advance of any expenditure by it for such eligible costs of the Third
Avenue Streetscape Master Plan Public Improvements so long as amounts received aze expended
solely for such purposes, aze accounted for separately, and the City makes at least an annual
accounting to the Agency of the expenditure of any such amounts.
Section 6. City Acceptance. The City consents to and accepts funds, if any, remitted by the
RDA pursuant to this Cooperation Agreement.
Section 7. General Provisions.
(a) RDA Approvals and Actions. The RDA shall maintain the authority to implement
this Cooperation Agreement through the Executive Director (or his duly authorized representative).
The Executive Director shall have the authority to make approvals, issue interpretations, waive
provisions, and/or enter into certain amendments of this Cooperation Agreement on behalf of the
RDA so long as such actions do not add to the costs incurred or to be incurred by the RDA as
specified herein. Such approvals, interpretations, waivers and/or amendments may include
extensions of time to perform. All material and/or substantive interpretations, waivers, or
amendments shall require consideration and action by the RDA Board.
(b) City Annrovals and Actions. The City shall maintain the authority to implement this
Cooperation Agreement through the City Manager (or his or her duly authorized representative).
The City Manager shall have the authority to make approvals, issue interpretations, waive provisions,
and/or enter into certain amendments of this Cooperation Agreement on behalf of the Ciry so long as
such actions do not add to the costs incurred or to be incurred by the City as specified herein.
Such approvals, interpretations, waivers and/or amendments may include extensions of time to
perform. All material and/or substantive interpretations, waivers, or amendments shall require
consideration and action by the City Council. The City shall not be obligated to complete any
individual project if the City later determines that such project is not exempt from CEQA, has not
already undergone complete CEQA review, and requires the preparation of a mitigated negative
declaration, environmental impact report (EIR) or supplemerital or subsequent EIR. Further, the City
shall retain the discretion to impose mitigation measures and to adopt project alternatives, consistent
5
DOCSOG1469628v2/024036-0034
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with the requirements of CEQA, that may be identified during future environmental review of any
specific project.
(c) Modifications. Any alteration, change or modification of or to this Cooperation
Agreement, in order to become effective, shall be made in writing .and in each instance signed on
behalf of each parry.
(d) Severabilitv. If any term, provision, condition or covenant of this Cooperation
Agreement or its application to any party or circumstances shall be held, to any extent, invalid or
unenforceable, the remainder of this Cooperation Agreement, or the application of the term, .
provision, condition or covenant to persons or circumstances other than those as to whom or which it
is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest
extent permitted by law.
(e) Third Party Beneficiaries. The terms and provisions of this Cooperation Agreement
are for the benefit of the RDA and City, and as and if applicable for the benefit of any successor
entity pursuant to applicable laws and regulations, as now existing or hereafter amended or added.
(f) Cooperation. Each parry agrees to cooperate with the other in this transaction and, in
that regard, to sign any and all documents which may be reasonably necessary, helpful, or
appropriate to carry out the purposes and intent of this Cooperation Agreement including, but not
limited to, releases or additional agreements.
(g) 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 wrongful acts or omissions
occurring in the performance of this Cooperation 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 parry indemnifies, defends and holds harmless the other parry for any liability, losses,
cost or expenses that may be incurred by such other party solely by reason of Government Code
Section 895.2.
(h) Default. If either party fails to perform or adequately perform an obligation required
by this Cooperation 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 Cooperation Agreement, or otherwise waive or deny any right or remedy, at law or
in equity, existing as of the date of the Cooperation Agreement or hereinafter enacted or established,
that may be available to the non-defaulting party against the defaulting party. All. notices of defaults
shall clearly indicate a notice of default under this Cooperation Agreement.
(i) Bindirie on Successors. This Cooperation 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
6
DOCSOC/ 1469628v2/024036-0034
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law. In the event the City succeeds to the Agency's rights and obligations, by operation of law or
otherwise, all amounts to be paid hereunder shall continue as an obligation payable from a
special fund from the Available Tax Increment revenues payable hereunder, and from all other
assets of the Agency not otherwise encumbered (i) as of the date of this Agreement or (ii) as may
be subsequently approved by the Agency after the date of this Agreement with the prior written
consent of the City.
(j) Rieht to Terminate. The City shall have the right to terminate this Cooperation
Agreement in its sole determination upon reasonable cause. In the event the City terminates this
Cooperation Agreement, RDA shall immediately pay the entire portion of the RDA Amount
attributable to any and all expenditures made by the City in furtherance of the construction and
installation of the Bayfront Master Plan Public Improvements.
(k) Term. Unless earlier terminated by the City pursuant to Section 7(i), this Agreement
shall remain in effect until the either of the following has occurred: (1) the completion by the City of
this Bayfront Master Plan Public Improvements identified and as amended, from time to time, or
RDA has paid the entire RDA Amount to the City.
Section 8. Pledge of Tax Increment; No Merger. The obligations of the Agency under this
Agreement shall constitute a pledge of tax increment allocated to the Agency from the
Redevelopment Project pursuant to Section 33670, et seq. (specifically Sections 33671 and
33671.5) of the Redevelopment Law and Article XVI, Section 16 of the California Constitution
("Tax Increment"), which pledge is subordinate to all prior express pledges of Tax Increment. In
the event the City succeeds to the Agency's rights and obligations, by operation of law or
otherwise, the obligation of the Agency hereunder shall not merge and all amounts remaining to
be paid by the Agency hereunder shall be deemed to be payable to the City from a special fund,
consisting of the available Tax Increment that would otherwise be allocated to the Agency and
all other assets of the Agency.
[Signature blocks on following page.]
7
DOC SOC/ 1469628v2/024036-0034
2-44
IN WITNESS WHEREOF, the City and the RDA have executed this Cooperation
Agreement as of the date first set forth above.
CITY:
CITY OF CHULA VISTA, a California municipal
corporation
By:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
Glen Googins, City Attorney
RDA:
REDEVELOPMENT AGENCY OF THE CITY
OF CHULA VISTA, a public
body, corporate and politic
By:
Chairperson
ATTEST:
RDA Secretary
8
DOCS OC/ 1469628v2/024036-0034
2-45
EXHIBIT A
(see attached)
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EXHIBIT B
DESCRIPTION OF THIRD AVENUE STREETSCAPE MASTER PLAN PUBLIC
IMPROVEMENTS
Third Avenue Streetscape Master Plan Public Improvements Project Description
Third Avenue, between .H. Street and .E. Street is designated as a Smart Growth area in the
City's Urban Core Specific Plan. Smart Growth is characterized by providing people with a
variety of transportation choices, pedestrian-friendly access, and strong links between land uses
and regional transportation. Smart Growth fosters distinctive and amactive communities with
strong and unique identities that draw people to them. This project will promote Smart Growth
and bring people back to Chula Vista's fast business district.
The Third Avenue Streetscape Master Plan provides detailed planning and identifies capital
improvements to the existing infrastructure system to enhance walkability, improve transit
options, modify traffic circulation patterns to be more pedestrian friendly, and create a more
vibrant urban center from E Street to H Street.
This project will include the following public improvements:
^ Pedestrian Street Crossings with Bulb-Outs and Landscaped Medians.
^ New Covered Transit Shelters with Seating
^ Expanded and More Open Sidewalks in Areas for .People Gathering. and Outdoor Dining
^ New Landscaping & Additional Street Trees
^ Seating Benches, Bike Racks, Newspaper Racks & Trash Receptacles
^ Lighting, Pedestrian Lighting & Tree Up-Lighting
^ Community Gateway Features & Directional Signs
EXHIBIT B
Page 2 bf 3
DOCSOC/1469628v2/024036-0034
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Overall Third Avenue Streetscape Master Plan Public Improvements Project Costs
Description Amount
Estimated Total Design Phase Costs $1,000,000
Estimated Construction Costs $8,000,000
Estimated Right-of--Way Acquisitions $10,000
Total Estimated Project Costs $9,010,000
RDA Funding Commitment - Mazch 8, 2011
FY 2010-2011 Available Balance $2,500,000
RDA Committed Fundingper
33445 Resolutions and Cooperation Agreement $4,000,000
Total RDA Funding Commitment $6,500,000
EXIIIBIT B
Page 3 of 3
DOCSOC/1469628v2/024036-0034
2-49
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~~
Glen R. Googins
City Attorney
Dated: ~ / ~
COOPERATION AND PUBLIC IMPROVEMENTS AGREEMENT
BETWEEN
THE CITY OF CHULA VISTA, AND
THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
FOR MAIN STREET MASTER PLAN PUBLIC IMPROVEMENTS
2-50
ATTACIiMENT F
COOPERATION AND PUBLIC IMPROVEMENTS AGREEMENT
(Main Street Master Plan Public Improvements)
This COOPERATION AND PUBLIC IMPROVEMENTS AGREEMENT (Main Street
Master Plan Public Improvements) ("Cooperation Agreement") is entered into this 8th day of
March 2011, by and between the CITY OF CHULA VISTA, a Califomia municipal corporation
("City") and the REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA a public
body, corporate and politic ("RDA").
RECITALS
WHEREAS, the Redevelopment Agency of the City of Chula Vista ("RDA") is a
community redevelopment agency organized and existing pursuant to the California Community
Redevelopment Law (Health & Safety Code Section 33000, et seq.; "CRL") and has been authorized
to transact business and exercise the powers of a redevelopment agency pursuant to action of the City
Council ("City Council") of the City of Chula Vista ("City"); and
WHEREAS, the City Council adopted the Redevelopment Plan ("Redevelopment Plan") for
the Merged Chula Vista Project Area (Otay Valley, Southwest, Town Centre II, and Added Area)
("Project Area") ("Project Area") by ordinances adopted by the City Council, as amended from time
to time, including by ordinances providing for the merger of the component project areas; and
WHEREAS, the RDA is engaged in activities necessary and appropriate to carry out the
Redevelopment Plan for the Project Area; and
WHEREAS, it is a policy of the RDA to improve and provide public improvements which
are of benefit to the Project Area; and
WHEREAS, the Chula Vista 2005 General Plan designates the Main Street District as one of
the five "areas of change" and envisions the Main Street District as an area with continued
development of industrial uses to become the primary industrial area of Southwest Chula; and
WHEREAS, one of the General Plan's implementing tools is a streetscape master plan for
the Main Street corridor between Industrial Boulevard and the I-805; and
WHEREAS, staff initiated work on the Main Street Master Plan (also known as the "Main
Street streetscape Master Plan") in July 2009, by conducting urban workshops to gather input from
the area's stakeholders and to develop a needs assessment to ultimately design a master plan that
meets the community's needs and the vision identified in the General Plan; and
WHEREAS, the Main Street streetscape Master Plan will provide detailed planning and
identify capital improvements to the existing infrastructure system by improving the drainage system,
beautifying the streets with landscape and creating multi-modal and complete streets by balancing the
needs of pedestrians, bicyclists, vehicles and public transportation; and
WHEREAS, on January 8, 2011, the City Council held a public hearing amending certain
portions of the Chula Vista Municipal Code, which included a reference to the ongoing preparation
of the Main Street streetscape Master Plan; and
DOC SOC/ 1469628v2/024036-0034
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WHEREAS, City and RDA Staff has examined the requirements of Health and Safety
Code section 33445 regarding payments for land and improvements and prepared a report
(Attachment C to the City's Staff report) and which is hereby incorporated herein by reference)
in compliance with Section 33445 supporting the required findings made herein; and
WHEREAS, each of the City Council of the City of Chula Vista and the governing board of
the RDA has determined that the public health and safety will be promoted by providing for payment
of all or part the cost of construction and installation of certain public improvements, in particular the
improvements for the design, construction and installation of those public improvements which are to
be publicly owned and which are contemplated by the Main Street Streetscape Master Plan and as
more fully described, but not limited to in Exhibit "B" attached hereto and fully incorporated by this
reference, excepting those public improvements which are not in the Project Area or for which a
public hearing is required under Section 33679 of the CRL prior to an Agency commitment ("Third
Avenue Streetscape Master Plan Public Improvements"); and
WHEREAS, the Main Street Streetscape Master Plan Public Improvements are located
generally within the Project Area, and will be of benefit to the Project Area; and
WHEREAS, the Main Street Master Plan Public Improvements to be assisted by the RDA
pursuant to the Cooperation Agreement are located within the boundaries of the Project Area, and
will be of benefit to the Project Area and the residents of the community, and will help to eliminate
blight within the Project Area, in particular the deficient and lack of infrastructure described in the
Redevelopment Plan and the current Implementation Plan for the Project Area; and
WHEREAS, the City and RDA desire to enter into that certain Cooperation and Public
Improvements Agreement ("Cooperation Agreement") under which the RDA would commit,
encumber, and pay up to Thirty Two Million Dollars ($32,000,000) from all available tax increment
funds described in Section 4 for all or part of the costs land acquisition, and the design, construction
and installation of the Main Street Streetscape Master Plan Public Improvements and the City would
agree to cooperate with the RDA and cause, using funds provided by the RDA, the Main Street
Streetscape Master Plan Public Improvements to be implemented in a timely manner; and
WHEREAS, the RDA and the City have determined there are no other reasonable means of
financing the part of the costs to acquire the land and for the administration, design, installation and
construction of the Main Street Streetscape Master Plan Public Improvements available to the
community other than with RDA funds as explained in the materials and information submitted
herewith; and
WHEREAS, the RDA desires to pay for all or part of the costs of design, construction and
installation of the Main Street Streetscape Master Plan Public Improvements in the amounts set forth
herein; and
WHEREAS, the RDA has reviewed evidence, including testimony, if any, prepared and/or
submitted in connection with this matter, and has determined that the foregoing recitals, and each of
them, are true and correct, and further has determined that the provision of the Main Street
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DOC SOC/ 1469628 v2/024036-0034
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Streetscape Master Plan Public Improvements is in the best interests of the City and the RDA and the
health, safety, and welfare of its residents, and in accord with the public purposes and provisions of
applicable state and local law requirements; and
WHEREAS, the Agreement has been reviewed for compliance with California
Environmental Quality Act (CEQA) and the State CEQA Guidelines (CEQA Guideline) and the
Agreement is not a "project" for the purposes of CEQA and the CEQA Guidelines because,
consistent with the CEQA Guidelines Section 15738(b)(4), while the Agreement Commits the
Agency to fund an affordable housing program, with potential project identified, it does not commit
the Housing Authority to implement any particular housing project without appropriate
environmental review. Notwithstanding the foregoing, the determination of what constitutes a
"project" under CEQA is complex and may be the subject of differing interpretation and,
accordingly, if the Agreement is determined to be a "project" under CEQA, for the reasons stated
herein, there is still no possibility that the activity may have a significant effect on the environment
and, therefore, pursuant to Section 15O61(b)(3) of the State CEQA Guidelines, the activity is not
subject to CEQA; and
WHEREAS, all other legal prerequisites to this Cooperation Agreement have- occurred and
the agenda report accompanying this resolution is incorporated by this reference.
WHEREAS, Pursuant to Section 33220 of the CRL, certain public bodies, including the City may
aid and cooperate in the planning, undertaking, construction, or operation of redevelopment projects.
The programs and activities associated with the Main Street Streetscape Master Plan Public
Improvements include but are not limited to acquisition ofrights-of--way, construction bid
documents, bidding, award of bid, and financing the commencement through completion of the
construction of such public works project. The RDA desires the assistance and cooperation of the
City to enable the RDA to carry out the implementation and completion of the Main Street
Streetscape Master Plan Public Improvements in accordance with the objectives and purposes of the
Redevelopment Plan for the Project Area. The City agrees (1) to aid and cooperate with the RDA to
expeditiously implement the Main Street Streetscape Master Plan Public Improvements in
accordance with the approved plans and specifications in furtherance of the Redevelopment Plan and
Implementation Plan for the Project Area; and (2) to undertake and complete, using funds provided
by RDA, all actions necessary or appropriate to ensure that the objectives thereof are fulfilled within
the time of effectiveness of the Project Area. The Redevelopment Plan, implementation plans, and
related official records of the RDA are incorporated herein by reference. In no event shall the RDA
pay for the normal operation and maintenance of Main Street Streetscape Master Plan Public
Improvements pursuant to this Agreement.
WHEREAS, the City and the RDA desire to enter into this Cooperation Agreement:
(1) To set forth the scope and description of the Main Street Streetscape Master Plan
Public Improvements that are budgeted for and will be budgeted for payment in subsequent fiscal
years in the amounts, which will cause the RDA to fund all or part of such public improvement
projects all in furtherance of the goals, objectives, and functions of the RDA under the CRL; and
(2) To provide that the RDA will encumber, allocate, make available, and be responsible
for up to Thirty Two Million Dollars ($32,000,000) from all available tax increment funds described
in Section 4 ("RDA Amount") for payment of all or part of the costs for design, installation and
construction of the Main Street Streetscape Master Plan Public Improvements; and
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DOC SOC/ 1469628v2/024036-0034
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(3) To cause the City to cooperate with the RDA and cause, using funds provided by the
RDA, the Main Street Streetscape Master Plan Public Improvements to be implemented
WHEREAS, the commitment of tax increment hereunder shall constitute an obligation to
make payments authorized and incurred pursuant to Section 33445 and other applicable statutes.
The obligations set forth in this Cooperation Agreement will be contractual obligations that,
if breached, will subject the RDA to damages and other liabilities or remedies.
A. The foregoing Recitals are true and correct and constitute a substantive part of this
Cooperation Agreement.
NOW THEREFORE, in consideration of the above Recitals and all of the covenants and
conditions set forth in this Cooperation and Public Improvements Agreement, the RDA and the City
agree as follows:
Section 1. RDA Contribution. RDA agrees to pay the RDA Amount of up to Thirty Two
Million Dollars ($32,000,000) from all available tax increment funds described in Section 4 to the
City to pay part of the costs of the land for and other costs of the administration, installation and
construction of the Main Street Streetscape Master Plan Public Improvements. A schedule of this
Section improvements and estimated costs is included as Exhibit B.
Section 2. City Contribution. The City agrees that it will cooperate with the RDA and cause,
using the RDA Amount, the implementation of the Main Street Streetscape Master Plan Public
Improvements, as stated herein, in a timely manner.
Section 3. Use of RDA Amount. City and RDA agree that the funds provided by the RDA
pursuant to this Cooperation Agreement shall be expended to pay all or part of the costs of the
construction and installation of the Main Street Streetscape Master Plan Public Improvements as
more fully described in Exhibit B consistent with the requirements of the CRL.
Section 4. Indebtedness. The obligations of the RDA under this Cooperation Agreement shall
constitute an indebtedness of the RDA for the purposes of carrying out public improvements, which
indebtedness shall be payable from tax increment funds generated from the Project Area pursuant to
Section 33670(b), et seq., of the CRL. The RDA's payment obligation hereunder is and shall be
deemed to be, a pledge of tax increment allocated to the RDA for purposes of Article XVI, Section
16 of the State Constitution, the CRL (including without limitation Section 33670 and 33691 therein)
and the Redevelopment Plan attributable to the Project Area. 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 indebtedness (all referred to herein as "indebtedness") of the RDA incurred or
issued to finance the Project Area, including without limitation any pledge of tax increment revenues
from the Project Area to pay any portion of the principal and interest (and otherwise comply with the
obligations and covenants) of any bond or bonds issued or sold by the RDA with respect to the
Project Area and any other prior express pledges of such tax revenues made or contemplated by the
Agency on or before the effective date of this Agreement, and shall not include any funds otherwise
required to be deposited in the Agency's Low and Moderate Income Housing Fund. In no event
shall amounts be payable hereunder in the amounts or for any period which would cause the
Agency to violate any limitation in effect as of the date of this Agreement with respect to the
Agency's right to receive taxes allocated to the Agency under Section 33670(b) and related laws,
including the limit on the last date to receive tax increment or on the gross amount of tax
4
DOCSOC/1469628v2/024036-0034
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increment payable to the Agency, or any other applicable limit imposed by law , it being the
purpose and intent that all amounts payable hereunder shall be limited by and within all such
applicable limits.
Anything not to the contrary herein notwithstanding, annually, the Agency shall remit the full
amount of available tax increment provided in this Section 4 ("Available Tax Increment") to the
City. If at any time the City advances funds for eligible costs hereunder which are not
paid within thirty (30) days of the receipt of invoice, such advances shall bear. interest at a rate
equal to either (i) if the City has funded such advances from a specific, traceable source of funds,
including certificates of participation, lease revenue bonds or other long-term financing
arrangement, the City's cost of funds from which the City expenditure is made, or (ii) otherwise,
the average rate paid by the Local Agency Investment Fund of the State of California, as
certified in writing to the Agency by the City, to be payable from the first Available Tax
Increment revenues received by the Agency.
Section 5. RDA Payment of Invoices. Pursuant to this Cooperation Agreement, RDA will be
paying a portion of the costs of the land for and the costs of construction and installation of the Main
Street Streetscape Master Plan Public Improvements and more fully described in Exhibit B. By such
payments, the RDA will remit up to the total of Thirty Two Million Dollazs ($32,000,000) of
available Tax Increment as encumbered and to be paid hereunder for such acquisition costs. The City
will at least annually submit invoices to the RDA for payment of eligible costs hereunder and the
City may demand payment in advance of any expenditure by it for such eligible costs of the
Main Street Streetscape Master Plan Public Improvements so long as amounts received are
expended solely for such purposes, aze accounted for separately, and the City makes at least an
annual accounting to the Agency of the expenditure of any such amounts.
Section 6. City Acceptance. The City consents to and accepts funds, if any, remitted by the
RDA pursuant to this Cooperation Agreement.
Section 7. General Provisions.
(a) RDA Approvals and Actions. The RDA shall maintain the authority to implement
this Cooperation Agreement through the Executive Director (or his duly authorized representative).
The Executive Director shall have the authority to make approvals, issue interpretations, waive
provisions, and/or enter into certain amendments of this Cooperation Agreement on behalf of the
RDA so long as such actions do not add to the costs incurred or to be incurred by the RDA as
specified herein. Such approvals, interpretations, waivers and/or amendments may include
extensions of time to perform. All material and/or substantive interpretations, waivers, or
amendments shall require consideration and action by the RDA Board.
(b) Cit~porovals and Actions. The City shall maintain the authority to implement this
Cooperation Agreement through the City Manager (or his or her duly authorized representative).
The City Manager shall have the authority to make approvals, issue interpretations, waive provisions,
and/or enter into certain amendments of this Cooperation Agreement on behalf of the City so long as
such actions do not add to the costs incurred or to be incurred by the City as specified herein.
Such approvals, interpretations, waivers and/or amendments may include extensions of time to
perform. All material and/or substantive interpretations, waivers, or amendments shall require
.consideration and action by the City Council. The City shall not be obligated to complete any
5
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individual project if the City later determines that such project is not exempt from CEQA, has not
already undergone complete CEQA review, and requires the preparation of a mitigated negative
declaration, environmental impact report (EIR) or supplemental or subsequent EIR. Further, the City
shall retain the discretion to impose mitigation measures and to adopt project alternatives, consistent
with the requirements of CEQA, that may be identified during future environmental review of any
specific project.
(c) Modifications. Any alteration, change or modification of or to this Cooperation
Agreement, in order to become effective, shall be made i^ writing and in each instance signed on
behalf of each party.
(d) Severability. If any term, provision, condition or covenant of this Cooperation
Agreement or its application to any party or circumstances shall be held, to any extent, invalid or
unenforceable, the remainder of this Cooperation Agreement, or the application of the term,
provision, condition or covenant to persons or circumstances other than those as to whom or which it
is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest
extent permitted by law.
(e) Third Party Beneficiaries. The terms and provisions of this Cooperation Agreement
are- for the benefit of the RDA and City, and as and if applicable for the benefit of any successor
entity pursuant to applicable laws and regulations, as now existing or hereafter amended or added.
(f) Cooperation. Each party agrees to cooperate with the other in this transaction and, in
that regard, to sign any and all documents which may be reasonably necessary, helpful, or
appropriate to carry out the purposes and intent of this Cooperation Agreement including, but not
limited to, releases or additional agreements.
(g) 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 wrongful acts or omissions
occurring in the performance of this Cooperation 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.
(h) Default. If either party fails to perform or adequately perform an obligation required
by this Cooperation 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 Cooperation Agreement, or otherwise waive or deny any right or remedy, at law or
in equity, existing as of the date of the Cooperation Agreement or hereinafter enacted or established,
6
DOCSOC/ 1469628v2/024036-0034
2-56
that may be available to the non-defaulting party against the defaulting parry. All notices of defaults
shall clearly indicate a notice of default under this Cooperation Agreement.
(i) Binding on Successors. This Cooperation 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. In the event the City succeeds to the Agency's rights and obligations, by operation of law or
otherwise, all amounts to be paid hereunder shall continue as an obligation payable from a
special fund from the Available Tax Increment revenues payable hereunder, and from all other
assets of the Agency not otherwise encumbered (i) as of the date of this Agreement or (ii) as may
be subsequently approved by the Agency after the date of this Agreement with the prior written
consent of the City.
(j) Right to Terminate. The City shall have the right to terminate this Cooperation
Agreement in its sole determination upon reasonable cause. In the event the City terminates this
Cooperation Agreement, RDA shall immediately pay the entire portion of the RDA Amount
attributable to any and all expenditures made by the City in furtherance of the construction and
installation of the Bayfront Master Plan Public Improvements.
(k). Term. Unless earlier terminated by the City pursuant to Section 7(j), this Agreement
shall remain in effect until the either of the following has occurred: (1) the completion by the City of
this Bayfront Master Plan Public Improvements identified and as amended, from time to time, or
RDA has paid the entire RDA Amount to the City.
Section 8. Pledge of Tax Increment; No Merger. The obligations of the Agency under this
Agreement shall constitute a pledge of tax increment allocated to the Agency from the
Redevelopment Project pursuant to Section 33670, et seq. (specifically Sections 33671 and
33671.5) of the Redevelopment Law and Article XVI, Section 16 of the California Constitution
("Tax Increment"), which pledge is subordinate to all prior express pledges of Tax Increment. In
the event the City succeeds to the Agency's rights and obligations, by operation of law or
otherwise, the obligation of the Agency hereunder shall not merge and all amounts remaining to
be paid by the Agency hereunder shall be deemed to be payable to the City from a special fund,
consisting of the available Tax Increment that would otherwise be allocated to the Agency and
all other assets of the Agency.
[Signature blocks on following page.]
7
DOC SOC/ 1469628v2/024036-0034
2-57
IN WITNESS WHEREOF, the City and the RDA have executed this Cooperation
Agreement as of the date first set forth above.
ATTEST:
City Clerk
APPROVED AS TO FORM:
Glen Googins, City Attorney
ATTEST:
RDA Secretary
8
DOCS OC/ 1469628 v2/024036-0034
CITY:
CITY OF CHULA VISTA, a California municipal
corporation
By:
RDA:
Mayor
REDEVELOPMENT AGENCY OF THE CITY
OF CHULA VISTA, a public
body, corporate and politic
By:
Chairperson
2-58
EXHIBIT A
(see attached)
EXHIBIT B
Page 1 of 3
DOC SOC/ 1469628v2/024036-0034
2-59
EXHIBIT B
DESCRIPTION OF MAIN STREET STREETSCAPE MASTER PLAN PUBLIC
IMPROVEMENTS
Main Street streetscape Master Plan Public Improvements Project Description
The Chula Vista 2005 General Plan designates the Main Street District as one of the five "areas of
change." The General Plan vision for the Main Street District is the continued development of the
area with industrial uses to become the primary industrial area of Southwest Chula Vista. One of
the General Plan's implementing tools is a streetscape master plan for the Main Street corridor
between Industrial Boulevard and I-805. Staff initiated work on the Main Street Master Plan in July
2009, by conducting urban workshops to gather input from the area's stakeholders and to develop a
needs assessment to ultimately design a master plan that meets the community's needs and the vision
identified in the General Plan. The Main Street streetscape Master Plan will provide detailed
planning and identify capital improvements to the existing infrastructure system by improving the
drainage system, beautifying the streets with landscape, and creating multi-modal and complete
streets by balancing the needs of pedestrians, bicyclists, vehicles, and public transportation.
Proposed public improvements for the Main Street streetscape Master Plan include the following
projects:
Public Infrastructure, which include, without limitation, (a) the installation, repair and
replacement of sidewalks along streets and other public rights-of--way, (b) the installation
of streetscape improvements such as sidewalks, lighting, landscaping and street furniture
in and along streets and other public rights-of--way, (c) the installation of traffic signals
and streetlights in and along streets and other public rights-of--way, (d) the installation,
repair and replacement of roadways and medians, (e) the installation of all necessary wet
and dry utilities including drainage and stormwater facilities, (f) other multi-modal,
public and private vehiculaz transportation, traffic, bicycle and pedestrian improvements,
and (g) the installation of other transportation and traffic improvements
EXHIBIT B
Page 2 of 3
DOC SOC/ 1469628x2/024036-0034
2-61
Overall Main Street Streetscape Main Street Streetscape Plan Public Improvements Proiect
Costs
Description Amount
Estimated Total Design Phase Costs $2,000,000
Estimated Construction Costs $23,500,000
Estimated Right-of--Way Acquisitions $6,500,000
Total Estimated Project Costs $32,000,000
RDA Funding Commitment-March 8, 2011
FY 2010-2011 Available Balance
RDA Committed Funding per 33445
Resolutions and Cooperation Agreement
Total RDA Funding Commitment
DOC SOC/ 1469628v2/024036-0034
EXHIBIT B
Page 3 of 3
2-62
$500,000
$31,500,000
$32,000,000
CVRC RESOLUTION NO. 2011-
RESOLUTION OF THE CHULA VISTA REDEVELOPMENT
CORPORATION (CVRC) RECOMMENDING THAT THE CITY
COUNCIL OF THE CITY OF CHULA VISTA AND THAT THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA
VISTA APPROVE COOPERATION AND PUBLIC
IMPROVEMENTS AGREEMENTS BETWEEN THE CITY OF
CHULA VISTA AND THE REDEVELOPMENT AGENCY
RELATED TO THE BAYFRONT MASTER PLAN, THE THIRD
AVENUE STREETSCAPE MASTER PLAN, AND THE MAIN
STREET MASTER PLAN
WHEREAS, the Chula Vista Redevelopment Corporation (CVRC) of the City of Chula
Vista has received and considered the Cooperation Agreements between the Chula Vista
Redevelopment Agency (the "Agency") and .City of Chula Vista (the "City") for the
implementation of public improvement projects for the Bayfront Master Plan, Third Avenue
Streetscape Master Plan, and the Main Street Master Plan and commitment and appropriation of
funds therefore; and
WHEREAS, public improvements proposed by Bayfront Master Plan, Third Avenue
Streetscape Master Plan, and the Main Street Master Plan have been addressed in vazious plans,
including General Plan, Implementation Plan, and Urban Core Specific Plan; and
WHEREAS, the purpose of the Bayfront Master Plan, Third Avenue Streetscape Master
Plan, and the Main Street Master Plan is to further the goals of redevelopment to eliminate blight
within their respective project areas; and
WHEREAS, the Staff Report, which is hereby incorporated herein by reference, prepazed
in conjunction with this Resolution discusses the proposed public improvements of the Bayfront
Master Plan, Third Avenue Streetscape Master Plan, and Main Street Master Plan; and
WHEREAS, the appropriate CEQA review has been conducted for each plan as stated in
the aforementioned Staff Report; and
WHEREAS, to continue implement the proposed public. improvements contained in the
Bayfront Master Plan, Third Avenue Streetscape Master Plan, and Main Street Master Plan, the
Agency and the City both wish to enter into cooperation agreements, wherein the Agency would
commit its funds, current and future, to the City, so that the City may implement the proposed
public improvements; and
WHEREAS; the City and Agency Staff has examined the requirements of Health and
Safety Code section 33445 regarding payments for land and improvements and.prepazed a report
(Attachment A to the City's Staff report) and which is hereby incorporated herein by reference)
in compliance with Section 33445 supporting the required findings made herein; and
2-63
CVRC Resolution No. 2011-
Page 2
WHEREAS, the proposed public improvements would help eliminate blight, that there
are no other reasonable means of financing the public improvements, including land acquisition,
and that the cooperation agreement and public improvements are consistent with the
implementation plan; and
WHEREAS, cooperation agreements would benefit the Citizen's of Chula Vista by
bringing to fruition the public improvements of the Bayfront Master Plan, Third Avenue
Streetscape Master Plan, and the Main Street Master Plan; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred
and the agenda report accompanying this resolution is incorporated by this reference.
NOW, THEREFORE, BE IT RESOLVED that the Chula Vista Redevelopment
Corporation does hereby recommend that the Redevelopment Agency of the City of Chula Vista
1) enter into a Cooperative Agreement with the City of Chula Vista for the implementation of
public improvements for the Bayfront Master Plan, Third Avenue Streetscape Master Plan, and
the Main Street Master Plan, 2) commit fund balance of future Tax Increment, loan repayments;
or other revenue received by the Agency, as available, to the City and 3) appropriate in the
current yeaz funds as stated in the Cooperation Agreements of available fund balance to the
City.
Presented by:
Gary Halbert, AICP, PE
Chief Executive Officer
Approved as to form by:
1%~~ .~~
Glen R. Googins
General Counsel
2-64
CITY COUNCIL RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A COOPERATION AND
PUBLIC IMPROVEMENTS AGREEMENT WITH THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA
VISTA; CONSENTING- TO PAYMENT BY THE
REDEVELOPMENT AGENCY OF ALL OR A PART OF THE
COST OF THE LAND AND IMPROVEMENTS RELATED TO
THE INSTALLATION AND CONSTRUCTION OF CERTAIN
BAYFRONT MASTER PLAN PUBLIC IMPROVEMENTS;
AND MAKING CERTAIN FINDINGS IN CONNECTION
THEREWITH
WHEREAS, the Redevelopment Agency of the City of Chula Vista ("RDA") is a
community redevelopment agency organized and existing pursuant to the California Community
Redevelopment Law (Health & Safety Code Section 33000, et seq.; "CRL") and has been
authorized to transact business and exercise the powers of a redevelopment agency pursuant to
action of the City Council ("City Council") of the City of Chula Vista ("City"); and
WHEREAS, the City Council adopted the BayfronllTown Centre Redevelopment Plan
("Redevelopment Plan") for the Bayfront/Town Centre Redevelopment Project ("Project Area")
by adopted ordinances of the City Council as amended from time to time including ordinances
merging the component project areas; and
WHEREAS, the RDA approved the Five-Year Implementation Plan for 2010-2014
("Five-Yeaz Implementation Plan") on December 15, 2009, which included the Bayfront Master
Plan as a priority project in its work program; and
WHEREAS, the RDA is engaged in activities necessary and appropriate to carry out the
Redevelopment Plan for the Project Area; and
WHEREAS, it is a policy of the RDA to improve and provide public improvements
which aze of benefit to the Project Area; and
WHEREAS, between 2002 and 2010, San Diego Unified Port District ("District") and
City/Agency worked cooperatively with the community and stakeholders to create a master plan
for development of the approximately 556-acre Chula Vista Bayfront (the "Chula Vista
Bayfront") located on the southeastern edge of San Diego Bay in the City of Chula Vista. The
purpose of the master plan was to reconfigure the 497 acres of land and 59 acres of water uses
which comprise the Chula Vista Bayfront by connecting the land and water acres in a way that
will promote public access to, and engagement with, the water while enhancing the quality and
protection of key habitat areas, with the ultimate goal of creating aworld-class bayfront through
strong planning and design, economic feasibility and community outreach.
2-65
Resolution No.
Page 2
WHEREAS, as a result of those efforts, on May 18, 2010 at a joint public meeting of the
City, Agency and District, the District, as Lead Agency of the project, as such term is defined in
California Public Resources Code § 21067, certified a Final Environmental Impact Report for the
Chula Vista Bayfront Master Plan and Port Master Plan Amendment (UPD # 83356-EIR-658;
SCH # 2005081077) (the "FEIR"). City and Agency are Responsible Agencies as defined in
California Public Resources Code § 21069. The project described in the FEIR is lmown as the
Chula Vista Bayfront Master Plan ("CVBMP"). The area encompassed by the CVBMP is
hereinafter referred to as the "CVBMP Project Area." A map showing the CVBMP Project Area
and its constituent parcels is attached hereto as Exhibit A.
WHEREAS, at that same May 18, 2010 joint meeting, the Redevelopment Corporation of
the City of Chula Vista ("CVRC") adopted a resolution recommending that the City Council
consider the FEIR and Errata; make certain Findings of Fact; adopt a Statement of Overriding
Considerations and adopt a Mitigation Monitoring and Reporting Program for the CVBMP and
Port Master Plan Amendment; and
WHEREAS, at that same May 18, 2010 joint meeting, the CVRC adopted a resolution
recommending that the City Council approve amendments to portions of the City's General Plan
Land Use and Transportation; Economic; Public Facilities and Services; Environmental; and
Implementation Elements, including associated text, maps and tables involving the Bayfront
Planning area; and
WHEREAS, at that same May 18, 2010 joint meeting, the CVRC made certain findings
and adopted a resolution recommending that the City Council approve an amendment to the
Chula Vista Local Coastal Program consisting of the Land Use Plan and the Specific Plan and
amending Chula Vista Municipal Code Chapters 19.8.1 through 19.87; and
WHEREAS, at that same May 18, 2010 joint meeting, the Planning Commission of the
City of Chula Vista ("Planning Commission") adopted a resolution recommending that the City
Council consider the FEIR and Errata; make certain Findings of Fact; adopt a Statement of
Overriding Considerations and adopt a Mitigation Monitoring and Reporting Program for the
CVBMP and Port Master Plan Amendment; and
WHEREAS, at that same May 18, 2010 joint meeting, the Planning Commission adopted
a resolution recommending that the City Council approve amendments to portions of the City's
General Plan Land Use and Transportation; Economic; Public Facilities and Services;
Environmental; and Implementation Elements, including associated text, maps and tables
involving the Bayfront Plazming azea; and
WHEREAS, at that same May 18, 2010 joint meeting, the Planning Commission made
certain findings and adopted a resolution recommending that the City Council approve an
amendment to the Chula Vista Local Coastal Program consisting of the Land Use Plan and the
Specific Plan and amending Chula Vista Municipal Cade Chapters 19.8.1 through 19.87; and
WHEREAS, at that same May 18, 2010 joint meeting, the City Council adopted a
resolution making certain Findings of Fact; adopting a Statement of Overriding Considerations
and adopting a Mitigation Monitoring and Reporting Program after having considered and
2-66
Resolution No.
Page 3
relying on the FEIR and Errata for the CVBMP and Port Master Plan Amendment pursuant to
the California Environmental Quality Act; and
WHEREAS, at that same May 18, 2010 joint meeting, the City Council adopted a
resolution approving amendments to portions of the City's General Plan Land Use and
Transportation; Economic; Public Facilities and Services; Environmental; and Implementation
Elements, including associated text, maps and tables involving the Bayfront Planning area; and
WHEREAS, at that same May 18, 2010 joint meeting, the City Council adopted a
resolution malting certain findings and approving an amended Land Use Plan of the Chula Vista
Local Coastal Program and directed staff to forward the same to the California Coastal
Commission for certification; and
WHEREAS, at that same May 18, 2010 joint meeting, the City Council adopted a
resolution approving the amended Specific Plan of the Chula Vista Local Coastal Program and
amended Chula Vista Municipal Code Chapters 19.8.1 through 19.87; and
WHEREAS, key components of the CVBMP include: a signahire park, open space areas
and cultural use; improved visual corridors to San Diego Bay; a resort and convention center and
other hotels; residential and mixed-use office/commercial recreation uses; waterfront retail uses
and public gathering spaces azound the harbor; anew commercial harbor and improved
navigation channel; a public promenade and bike trail through the entire bayfront; and large
buffer zones to protect adjacent sensitive resources; and
WHEREAS, in order to implement the residential use component of the CVBMP, it was
necessary to release certain parcels in the CVBMP area from the use restrictions imposed by the
Public Trust Doctrine which precluded residential uses; and
WHEREAS, the California State. Lands Commission ("SLC") is authorized by Division 6
of the California Public Resources Code, including Section 6307, to exchange interests in real
property subject to the Public Trust Doctrine for interest in other rion-trust lands of equal or
greater value; and
WHEREAS, the District applied for approval to exchange certain trust lands for non-trust
lands to facilitate the implementation of the residential use component of the CVBMP; and
WHEREAS, on December 10, 2010 the SLC approved an exchange of those properties
thereby facilitating implementation of a key component of the CVBMP; and
WHEREAS, City and RDA Staff has examined the requirements of Health and Safety
Code section 33445 regarding payments for land and improvements and prepared a report
(Attachment A to the City's Staff report) and which is hereby incorporated herein by reference)
in compliance with Section 33445 supporting the required findings made herein.
WHEREAS, each of the City Council of the City of Chula Vista and the governing board
of the RDA has determined that the public health and safety will be promoted by providing for
payment of part of the costs of the acquisition of land and for the cost of construction and
2-67
Resolution No.
Page 4
installation of certain public improvements, in particular the land and improvements necessary
for the construction and installation of those public improvements which are to be publicly
owned and which are contemplated by the FEIR and the CVBMP all as more fully described in
Exhibit "B" attached hereto and fully incorporated by this reference, excepting those public
improvements which are not in the Project Area or for which a public hearing is required under
Section 33679 of the CRL prior to an Agency commitment ("Bayfront Master Plan Public
Improvements"); and
WHEREAS, the Bayfront Master Plan Public Improvements are located generally within
the Project Area, and will be of benefit to the Project Area; and
WHEREAS, the Bayfront Master Plan Public Improvements to be assisted by the RDA
pursuant to the Cooperation Agreement are located within to the boundaries of the Project Area,
and will be of benefit to the Project Area and the residents of the community, and will help to
eliminate blight within the Project Area, in pazticulaz the deficient and lack of infrastructure
described in the Redevelopment Plan and the current Implementation Plan for the Project Area;
and
WHEREAS, the City and RDA desire to enter into that certain Cooperation and Public
Improvements Agreement ("Cooperation Agreement") under which the RDA would commit,
encumber, and pay up to One Hundred -Thirty -Six million Dollars ($136,000,000) from all
available tax increment funds described in Section 4 for part of the costs of acquisition of land
and the design, acquisition, installation and construction of the Bayfront Master Plan Public
Improvements and the City would agree to manage and cause the design, acquisition, installation
and construction of such improvements, provide necessary staff support services for the
administration and implementation of the Bayfront Master Plan Public Improvements design,
approval and construction program; and carry out actions specified in adopted City Council
Resolution No. 2009-177 that established the Chula Vista Tourism Marketing District and the
levy of assessments to fund capital improvements or to provide revenues for debt service
provided for Bayfront Master Plan infrastructure bonds in accordance with California Streets and
Highway Code Section 36600 et seq; and
WHEREAS, the RDA and the City have explored all possible funding sources for the
Bayfront Master Plan Public Improvements, including federal, state, and local sources, and the
efforts of private property owners and developers and there aze no other reasonable means of
financing the part of the costs to acquire the land and for the administration, design, installation
and construction of the Bayfront Master Plan Public Improvements available to the community
other than with RDA funds as explained in the materials and information submitted herewith;
and
WHEREAS, the RDA desires to pay for part of the value of the land and for costs of
construction and installation of the Bayfront Master Plan Public Improvements in the amounts
set forth herein, in Exhibit B, and more fully provided in the Cooperation Agreement; and
WHEREAS, the RDA has reviewed evidence, including testimony, if any, prepared
and/or submitted in connection with this matter, and has determined that the foregoing recitals,
and each of them, are true and correct, and further has determined that the provision of the
2-68
Resolution No.
Page 5
Bayfront Master Plan Public Improvements is in the best interests of the City and the RDA and
the health, safety, and welfare of its residents, and in accord with the public purposes and
provisions of applicable state and local law requirements; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA") the District
as Lead Agency certified the FEIR and therefore, no further or other CEQA actions or
determinations are necessary relating to findings and determinations hereunder and approval of
the Cooperation Agreement (collectively "Approved FEIR"); and
WHEREAS, all other legal prerequisites to this Cooperation Agreement have occurred
and the agenda report accompanying this resolution is incorporated by this reference; and
WHEREAS, Pursuant to Section 33220 of the CRL, certain public bodies, including the
City may aid and cooperate in the planning, undertalting, construction, or operation of
redevelopment projects. The programs and activities associated with the Bayfront Master Plan
Public Improvements include but aze not limited to acquisition of rights-of-way, construction bid
documents, bidding, award of bid, and financing the commencement through completion of the
construction of such public works project. The RDA desires the assistance and cooperation of
the City to enable the RDA to carry out the implementation and completion of the Bayfront
Master Plan Public Improvements in accordance with the objectives and purposes of the
Redevelopment Plan for the Project Area. The City agrees (1) to aid and cooperate with the
RDA to expeditiously implement the Bayfront Master Plan Public Improvements in accordance
with the approved plans and specifications in furtherance of the Redevelopment Plan and
Implementation Plan for the Project Area; and (2) to undertake and complete all actions
necessary or appropriate to ensure that the objectives thereof are fulfilled within the time of
effectiveness of the Project Area. The Redevelopment Plan, implementation plans, and related
official records of the RDA aze incorporated herein by reference. In no event shall the RDA pay
for the normal operation and maintenance of Bayfront Master Plan Public Improvements
pursuant to the Agreement; and
WHEREAS, the City and the RDA desire to enter into the Cooperation Agreement:
(1) To set forth the scope and description of the Bayfront Master Plan Public
Improvements that are budgeted for and will be budgeted for payment in subsequent fiscal years
in the amounts set forth in Exhibit B, which will cause the RDA to fund in part such public
improvement project all in furtherance of the goals, objectives, and functions of the RDA under
the CRL; and
(2) To provide that the RDA will encumber, allocate, make available, and be
responsible for up to One Hundred -Thirty -Six million Dollars ($136,000,000) from all
available tax increment funds described in Section 4 ("RDA Amount") for payment of part of the
costs of the land and the administration, design, installation and construction of the Bayfront
Master Plan Public Improvements; and
(3) To cause the City to manage and cause the design, acquisition, installation
and construction of the Bayfront Master Plan Improvements and provide necessary staff support
services for the implementation and administration of the Bayfront Master Plan Improvements
design, approval and construction program and to carry out actions specified in adopted City
2-69
Resolution No.
Page 6
Council Resolution 2009-177 that established the Chula Vista Tourism Mazketing District
related to the levy of assessments to fund capital improvements or to provide revenues for debt
service providing for Bayfront Master Plan infrastructure bonds in accordance with Califomia
Streets and Highway Code Section-36600 et seq..
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES
RESOLVE AS FOLLOWS:
Section 1. The City Council finds and determines that: (i) the provision of the
Bayfront Master Plan Public Improvements constitutes thz acquisition of land and the installation
or construction of the buildings, facilities, structures, or other improvements that are publicly
owned of benefit to the Project Area by helping to eliminate blight within the Project Area;
(ii) no other reasonable means of financing the acquisition of the land for or installation or
construction of the buildings, facilities, structures, or other improvements that are publicly
owned, are available to the community; (iii) the acquisition of property for and installation or
construction of the Bayfront Master Plan Public Improvements are provided for in the
Redevelopment Plan and the Five-Year Implementation Plan; and (iv) the payment by RDA of
funds for the Bayfront Master Plan Public Improvements constitutes the payment of funds for the
acquisition of land for or the cost of buildings, facilities, structures, or other improvements that
are publicly owned is consistent with the implementation plan adopted pursuant to Section
33490.
Section 2. The City Council finds and determines that the Cooperation Agreement is
consistent with the Implementation Plan for the Community Project Area.
Section 3. The City Council finds and determines that payment for the land and the
construction and installation of improvements such as the Bayfront Master Plan Public
Improvements aze provided for in the Redevelopment Plan. Further, the City Council finds and
determines that payment for the land and the construction and installation of the Bayfront Master
Plan Public Improvements as set forth in the Cooperation Agreement will further the RDA's
goals and objectives as set forth in the Redevelopment Plan and the Five-Year Implementation
Plan.
Section 4. Pursuant to the California Environmental Quality Act ("CEQA") the
District as Lead Agency certified the FEIR, as stated above, and therefore, no further or other
CEQA actions or determinations are necessary relating to findings and determinations hereunder
and approval of the Cooperation Agreement. (collectively "Approved FEIR")
Section 5. .The City Council hereby consents to payment by the RDA of up to One
Hundred -- Thirty -- Six Million Dollars ($136,000,000) for all or part of the costs of the land
and for the construction and installation of the Bayfront Master Plan Public Improvements
pursuant to the Cooperation Agreement.
Section 6. The City Council approves, and authorizes and directs the Mayor and/or
the City Manager to execute the final form of the Cooperation Agreement on behalf of the City
substantially in the form submitted herewith with such changes as approved by the City Manager
and City Attorney that are consistent with the purposes hereof. The City Council further
2-70
Resolution No.
Page 7
authorizes and directs staff to take all actions necessary and appropriate to implement the
participation by the City pursuant to the Cooperation Agreement, including without limitation
issuance of warrants.
Section 7. The City Council hereby appropriates the funds provided by the RDA for
the implementation of the Bayfront Master Plan Public Improvements, including land
acquisition, if any, provided for in the Bayfront Master Plan and in Attachment B, attached
hereto.
Section 8. The City Clerk is authorized to attest the final form of the Cooperation
Agreement on behalf of the City.
Section 9. The City Clerk shall certify to the adoption of this Resolution.
Presented by: Approved as to form by:
Gary Halbert, AICP, PE
Assistant City Manager/Director of
Development Services
len R. Googins
City Attorney
2-71
Exhibit A
AERIAL SOURCE: DIGITAL GLOBE, MARCH 2007
Final Environmental Impact Report (EIR) for the Chula Vista Bayfront Master Plan FIGURE
Pr a Location on Aerial Photograph 3-2
~-~i~
EXHIBIT B
DESCRIPTION OF BAYFRONT MASTER PLAN PUBLIC IMPROVEMENTS
Bayfront Master Plan Public Improvements Proiect Description
In 2002, the San Diego Unified Port District ("District") and the Chula Vista City Council and
Redevelopment Agency began work to create a master plan for development of the
approximately 556-acre Chula Vista Bayfront (the "Chula Vista Bayfront") located on the
southeastern edge of San Diego Bay in the Ciry of Chula Vista. The purpose of the master plan
is to reconfigure the 497 acres of land and 59 acres of water uses which comprise the Chula Vista
Bayfront by connecting the land and water acres in a way that will promote public access to; and
engagement with, the water while enhancing the quality and protection of key habitat areas, with
the ultimate goal of creating aworld-class bayfront through strong planning and design,
economic feasibility and community outreach.
Key components of the CVBMP include: a signature park, open space areas and cultural use;
improved visual corridors to San Diego Bay; a resort and convention center and other hotels;
residential and mixed-use office/commercial recreation uses; waterfront retail uses and public
gathering spaces around the harbor; a new commercial harbor and improved navigation channel; a
public promenade and bike trail through the entire bayfront; and large buffer zones to protect
adjacent sensitive resources.
Proposed public improvements for the Bayfront Master Plan include the following projects:
1. Public Infrastructure, which include, without limitation, (a) the installation, repair and
replacement of sidewalks along streets and other public rights-of--way, (b) the installation
of streetscape improvements such as sidewalks, lighting, landscaping and street furniture
in and along streets and other public rights-of--way, (c) the installation of traffic signals
and streetlights in and along streets and other public rights-of--way, (d) the installation,
repair and replacement of roadways and medians, (e) the installation of all necessary wet
and dry utilities including drainage and stormwater facilities, (f) other multi-modal,
public and private vehicular transportation, traffic, bicycle and pedestrian improvements,
and (g) the installation of other transportation and traffic improvements; and
2. Parks and Open Space, which include, without limitation, (a) the design and construction
of public pazk improvements, and (b) the restoration of natural habitat and the creation
and enhancement of urban trail systems
B-1
2-73
Overall Bavfront Master Plan Public Improvements Project Casts
Description flm0urit
Estimated Total Design Phase Costs $87,907,610
Estimated Construction Costs $94,473,693
Estimated Land Costs $9,296,419
Total Estimated Project Costs $158,625,021
RDA Funding Commitment -March 8, 2011
RDA Committed Funding per
33445 Resolutions and Cooperation Agreement $136,000,000
Total RDA Fundine Commitment $136,000,000
B-2
2-74
CITY COUNCIL RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A COOPERATION AND
PUBLIC IMPROVEMENTS AGREEMENT WITH THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA
VISTA; CONSENTING TO PAYMENT BY THE
REDEVELOPMENT AGENCYOF ALL OR A PART OF THE
COST OF THE LAND AND IMPROVEMENTS RELATED TO
THE INSTALLATION AND CONSTRUCTION OF CERTAIN
THIRD AVENUE STREETSCAPE MASTER PLAN PUBLIC
IMPROVEMENTS; MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH; AND APPROPRIATING FUNDS
THEREFOR
WHEREAS, the Redevelopment Agency of the City of Chula Vista ("RDA") is a.
community redevelopment agency organized and existing pursuant to the California Community
Redevelopment Law (Health & Safety Code Section 33000, et seq.; "CRL") and has been
authorized to transact business and exercise the powers of a redevelopment agency pursuant to
action of the City Council ("City Council") of the City of Chula Vista ("City"); and
WHEREAS, the City Council adopted the Redevelopment Plan ("Redevelopment Plan")
for the Merged Bayfront/Town Centre I Project Area ("Project Area") by ordinances adopted by
the City Council, as amended from time to time, including by ordinances providing for the
merger of the component project azeas; and
WHEREAS, the RDA is engaged in activities necessary and appropriate to carry out the
Redevelopment Plan for the Project Area; and
WHEREAS, it is a policy of the RDA to improve and provide public improvements
which are of benefit to the Project Area; and
WHEREAS, the 2005 General Plan and the 2007 Urban Core Specific Plan (UCSP), both
of which are incorporated by reference herein, identified Chula Vista's older downtown core, the
Third Avenue Village Area, as an urban center with great emphasis placed on linking higher
density housing and mixed uses around a new hierarchy of transportation modes; pedestrians,
transit, bicyclists and cars; and
WHEREAS, as a key activity center, the Third Avenue Village azea plays a critical role
in activating Chula Vista's Urban Core. Plans for pedestrian improvements and traffic calming
elements were introduced along Third Avenue in the Village District to slow traffic and create a
more pedestrian-friendly environment. Improvements such as bulbouts (sidewalk extensions),
narrowed and/or reduced travel lanes, special paving at crosswalks and median refuge islands,
paseos linking public parking to the main commercial corridor and pedestrian walkways aze
emphasized for this area. Bicycle transit and upgraded bikeway facilities throughout the area
were recommended for both recreational and commuting users. In addition, a Transit Focus Area
2-75
Resolution No.
Page 2
at Third Ave and H Street provides multi-modal opportunities for both local and regional transit
stations located at I-5/H Street and I-5/E Street which link to the San Diego Trolley's Blue Line;
and
WHEREAS, one of the key implementing projects identified in the UCSP is the
preparation of a steeetscape master plan for the Third Avenue corridor between E and H Streets
and in May of 2008, Staff initiated work on the Third Avenue Streetscape Master Plan, by first
conducting a needs assessment in close collaboration with the community and the Third Avenue
Village Association (TAVA) to ultimately design a master plan that meets the community's
needs and the Smart Growth precepts identified in the UCSP; and
WHEREAS, the Third Avenue Streetscape Master Plan provided detailed planning and
identified capital improvements to the existing infrastructure system to enhance walkability,
improve transit options, modify traffic circulation patterns to be more pedestrian friendly, and
create a more vibrant urban center from E Street to H Street; and
WHEREAS, key components of the Third Avenue Streetscape Master Plan include:
pedestrian street crossings with bulb-outs and landscaped medians, new covered transit shelters
with seating, expanded and more open sidewalks in areas for "people gathering" and outdoor
dining, new landscaping and additional street trees, seating benches, bike racks, newspaper
racks, trash receptacles, lighting, pedestrian lighting, tree-up lighting, and community gateway
features and directional signs; and
WHEREAS, the RDA approved the Five-Yeaz Implementation Plan for 2010-2014
("Five-Yeaz Implementation Plan") on December 15, 2009, which included the completion of the
Third Avenue Streetscape Master Plan Improvements as a priority project in its work program;
and
WHEREAS, City and RDA Staff has examined the requirements of Health and Safety
Code section 33445 regarding payments for land and improvements and prepared a report
(Attachment B to the City's Staff report) and which is hereby incorporated herein by reference)
in compliance with Section 33445 supporting the required findings made herein.
WHEREAS, the City Council of the City of Chula Vista and the governing board of the
RDA has determined that the public health and safety will be promoted by providing for
payment of part of the costs of construction and installation necessary for construction of certain
public improvements, in particulaz the land and improvements necessary for the construction and
installation of those public improvements which are to be publicly owned and which are
contemplated by the Third Avenue Streetscape Mater Plan all as more fully described in
Exhibit "B" attached hereto and fully incorporated by this reference, excepting those public
improvements which aze not in the Project Area or for which a public hearing is required under
Section 33679 of the CRL prior to an RDA commitment ("Third Avenue Streetscape Master
Plan Public Improvements"); and
WHEREAS, the Third Avenue Streetscape Master Plan Public Improvements to be
assisted by the RDA pursuant to the Cooperation and Public Improvements Agreement
("Cooperation Agreement") aze located within to the boundaries of the Project Area, and will be
2-76
Resolution No.
Page 3
of benefit to the Project Area and the residents of the community, and will help to eliminate
blight within the Project Area, in particular the deficient and lack of infrastructure described in
the Redevelopment Plan and the current Implementation Plan for the Project Area; and
WHEREAS, the City and RDA have determined that there aze no other reasonable means
of financing the costs to acquire the land and for the installation and construction of the. Third
Avenue Streetscape Master Plan Public Improvements available to the community other than
with RDA funds as explained in the materials and information submitted herewith; and
WHEREAS, the proposed Improvements are consistent with the 2010-2014
Implementation Plan, adopted 15, 2009, pursuant to Section 33490 of the Health and Safety
Code; and
WHEREAS, the City and RDA desire to enter into that certain Cooperation Agreement
under which the RDA would commit, encumber, and pay up to four million Dollars ($4,000,000)
for part of the costs of the construction and installation of the Third Avenue Streetscape Master
Plan Public Improvements; and
WHEREAS, the RDA desires to pay for part of the costs of construction and installation
of the Third Avenue Streetscape Master Plan Public Improvements in the amounts set forth
herein, in Exhibit B, and provided in the Cooperation Agreement; and
WHEREAS, the City has reviewed evidence, including testimony, if any, prepared and/or
submitted in connection with this matter, and has determined that the foregoing recitals, and each
of them, are true and correct, and further has determined that the provision of the Third Avenue
Streetscape Master Plan Public Improvements is in the best interests of the City and the RDA
and the health, safety, and welfaze of its residents, and in accord with the public purposes and
provisions of applicable state and local law requirements; and
WHEREAS, the City has reviewed the proposed Cooperation Agreement between the
City and the RDA; and
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-O1
("FEIR-06-O1") for the Urban Core Specific Plan ("UCSP"). On January 25, 2011 the City,
acting as Lead Agency, having found and determined that certain amendments to the UCSP,
including the subject Streetscape Master Plan, would not result in significant unmitigated
impacts and that only minor technical changes or additions to FEIR-06-O1 were necessazy and
that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for
the prepazation of subsequent document had occurred adopted an Addendum to FEIR-06-O1;
therefore, approval of the subject Cooperation Agreement requires no further CEQA actions or
determinations; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred
and the agenda report accompanying this resolution is incorporated by this reference.
2-77
Resolution No.
Page 4
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES
RESOLVE AS FOLLOWS:
Section I. The City Council finds and determines that: (i) the provision of the Third
Avenue Streetscape Master Plan Public Improvements constitutes the installation or construction
of the buildings, facilities, structures, or other improvements that are publicly owned of benefit
to the Project Area by helping to eliminate blight within the Project Area; (ii) no other reasonable
means of financing the acquisition for installation of other improvements that are publicly
owned, are available to the community; (iii) the payment by RDA of funds for the Third Avenue
Streetscape Master Plan Public Improvements constitutes the payment of funds for the other
improvements that are publicly owned is consistent with the implementation plan adopted
pursuant to Section 33490.
Section 2. The City Council finds and determines that the Cooperation Agreement is
consistent with the Implementation Plan for the Community Project Area.
Section 3. The City Council finds and determines that payment for the construction
and installation of road improvements such as the Third Avenue Streetscape Master Plan Public
Improvements are provided for in the Redevelopment Plan. Further, The City Council finds and
determines that payment for the construction and installation of the Third Avenue Streetscape
Master Plan Public Improvements as set forth in the Cooperation Agreement will further the
RDA's goals and objectives as set forth in the Redevelopment Plan and the Five-Year
Implementation Plan.
Section 4. The City Council hereby finds that all necessary CEQA findings and
determinations previously were completed by FEIR-06-O1 certified on April 26, 2007 and the
Addendum to FEIR-06-01 adopted on January 25, 2011.
Section 5. The City Council hereby consents to payment by the RDA of up to
$4,000,000 for part of the costs of the land necessary for the construction and installation of the
Third Avenue Streetscape Master Plan Improvements pursuant to the Cooperation Agreement.
Section 6. The City Council approves, and authorizes and directs the Mayor and/or
the City Manager to execute the final form of the Cooperation Agreement on behalf of the City
substantially in the form submitted herewith with such changes as approved by the City Manager
and City Attorney that are consistent with the purposes hereof. The City Council further
authorizes and directs staff to take all actions necessary and appropriate to implement the
participation by the City pursuant to the Cooperation Agreement, including without limitation
issuance of warrants.
Section 7. The City Council hereby appropriates the funds provided by the RDA for the
implementation of the Third Avenue Streetscape Master Plan Public Improvements, including land
acquisition, if any, provided for in the Third Avenue Streetscape Master Plan and. in Attachment B,
attached hereto.
2-78
Resolution No.
Page 5
Section S. The City Clerk is authorized to attest the final form of the Cooperation
Agreement on behalf of the City.
Section 9. The City Clerk shall certify to the adoption of this Resolution.
Presented by: Approved as to form by:
.~---
Gary Halbert, AICP, PE Gle R. Googins
Assistant City Manager/Director of City Attorney
Development Services
2-79
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EXHIBIT B
DESCRIPTION OF THIRD AVENUE STREETSCAPE MASTER PLAN PUBLIC
IMPROVEMENTS
Third Avenue Streetscane Master Plan Public Improvements Proiect Description
Third Avenue, between .H. Street and .E. Street is designated as a Smart Growth area in the
City's Urban Core Specific Plan. Smart Growth is chazacterized by providing people with a
variety of transportation choices, pedestrian-friendly access, and strong links between land uses
and regional transportation. Smart Growth fosters distinctive and attractive communities with
strong and unique identities that draw people to them. This project will promote Smart Growth
and bring people back to Chula Vista's first business district.
The Third Avenue Streetscape Master Plan provides detailed planning and identifies capital
improvements to the existing infrastructure system to enhance walkability, improve transit
options, modify traffic circulation patterns to be more pedestrian friendly, and create a more
vibrant urban center from E Street to H Street.
This project will include the following public improvements:
• Pedestrian street crossings with bulb-outs and landscaped medians
• New covered transit shelters with seating
• Expanded and more open sidewalks in azeas for people gathering and outdoor dining
• New landscaping & additional street trees
• Seating benches, bike racks, newspaper racks & trash receptacles
• Lighting, pedestrian lighting & tree up-lighting
• Community gateway features & directional signs
B-1
2-81
Overall Third Avenue Streetscape Master Plan Public Improvements Proiect Costs
Description Amount
Estimated Total Design Phase Costs $1,000,000
Estimated Construction Costs $8,000,000
Estimated Right-of--Way Acquisitions $10,000
Total Estimated Project Costs $9,010,000
RDA Funding Commitment - Mazch 8, 2011
FY 2010-2011 Available Balance $2,500,000
RDA Committed Funding per
33445 Resolutions and Cooperation Agreement $4,000,000
Total RDA Funding Commitment $6,500,000
B-2
2-82
CITY COUNCIL RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A COOPERATION AND
PUBLIC IMPROVEMENTS AGREEMENT WITH THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA
VISTA; CONSENTING TO PAYMENT BY THE
REDEVELOPMENT AGENCY OF ALL OR A PART OF THE
COST OF THE LAND AND IMPROVEMENTS RELATED TO
THE INSTALLATION AND CONSTRUCTION OF CERTAIN
MAIN STREET MASTER PLAN PUBLIC IMPROVEMENTS;
AND MAKING CERTAIN FINDINGS IN CONNECTION
THEREWITH AND APPROPRIATING FUNDS THEREFOR
WHEREAS, the Redevelopment Agency of the City of Chula Vista ("RDA") is a
community redevelopment agency organized and existing pursuant to the California Community
Redevelopment Law (Health & Safety Code Section 33000, et seq.; "CRL") and has been
authorized to transact business and exercise the powers of a redevelopment agency pursuant to
action of the City Council ("City Council") of the City of Chula Vista ("City"); and
WHEREAS, the City Council adopted the Redevelopment Plan ("Redevelopment Plan")
for the Merged Chula Vista Project Area (Otay Valley, Southwest, Town Centre II, and Added
Area) ("Project Area") ("Project Area") by ordinances adopted by the City Council, as amended
from time to time, including by ordinances providing for the merger of the component project
areas; and
WHEREAS, the RDA is engaged in activities necessary and appropriate to carry out the
Redevelopment Plan for the Project Area; and
WHEREAS, it is a policy of the RDA to improve and provide public improvements
which aze of benefit to the Project Area; and
WHEREAS, the Chula Vista 2005 General Plan designates the Main Street District as
one of the five "azeas of change" and envisions the Main Street District as an area with continued
development of industrial uses to become the primary industrial azea of Southwest Chula; and
WHEREAS, one of the General Plan's implementing tools is a streetscape master plan
for the Main Street corridor between Industrial Boulevard and the I-805: and
WHEREAS, staff initiated work on'the Main Street Master Plan (also known as the
"Main Street streetscape Master Plan") in July 2009, by conducting urban workshops to gather
input from the area's stakeholders and to develop a needs assessment to ultimately design a
master plan that meets the community's needs and the vision identified in the General Plan; and
WHEREAS, the Main Street streetscape Master Plan will provide detailed planning and
identify capital improvements to the existing infrastructure system by improving the drainage
1
2-83
system, beautifying the streets with landscape and creating multi-modal and complete streets by
balancing the needs of pedestrians, bicyclists, vehicles and public transportation; and
WHEREAS, on January 8, 2011, the City Council held a public hearing amending certain
portions of the Chula Vista Municipal Code, which included a reference to the ongoing
preparation of the Main Street Streetscape Master Plan; and
WHEREAS, Agreement has been reviewed for compliance with California
Environmental Quality Act (CEQA) and the State CEQA Guidelines (CEQA Guideline) and the
Agreement is not a "project" for the purposes of CEQA and the CEQA Guidelines because,
consistent with the CEQA Guidelines Section 15738(b)(4), while the Agreement Commits the
Agency to fund an affordable housing program, with potential project identified, it does not
commit the Housing Authority to implement any particular housing project without appropriate
environmental review. Notwithstanding the foregoing, the determination of what constitutes a
"project" under CEQA is complex and may be the subject of differing interpretation and,
accordingly, if the Agreement is determined to be a "project" under CEQA, for the reasons stated
herein, there is still no possibility that the activity may have a significant effect on the
environment and, therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines, the
activity is not subject to CEQA;
WHEREAS, key components of the Main Street Master Plan include: drainage, curbs,
gutters, sidewalks, partial medians at crosswalks and intersections, signage, bus shelters, trees,
bike lanes, bike racks, newspaper racks, trash receptacles, gateway features and other
improvements that create a multi-modal and complete street by balancing the needs of
pedestrians, bicyclists, vehicles and public transportation; and
WHEREAS, City and RDA Staff has examined the requirements of Health and Safety
Code section 33445 regarding payments for land and improvements and prepazed a report
(Attachment B to the City's Staff report) and which is hereby incorporated herein by reference)
in compliance with Section 33445 supporting the required findings made herein; and
WHEREAS, each of the City Council of the City of Chula Vista and the governing board
of the RDA has determined that the public health and safety will be promoted by providing for
payment of part of the costs of the land and the cost of construction and installation necessary for
construction of certain public improvements, in particular the land and improvements necessary
for the construction and installation of those public improvements which are to be publicly
owned and which are contemplated by the Main Street Streetscape Master Plan all as more fully
described in Exhibit "B" attached hereto and fully incorporated by this reference, excepting those
public improvements which are not in the Project Area or for which a public hearing is required
under Section 33679 of the CRL prior to an RDA commitment ("Main Street Streetscape Master
Plan Public Improvements"); and
WHEREAS, the Main Street Streetscape Master Plan Public Improvements are located
generally within the Project Area, and will be of benefit to the Project Area; and
WHEREAS, the Main Street Streetscape Master Plan Public Improvements to be assisted
by the RDA pursuant to the Cooperation Agreement are located within to the boundaries of the
2
2-84
Project Area, and will be of benefit to the Project Area and tie cular tha deficientnand lacla of
will help to eliminate blight within the Project Area, in p
infrastructure described in the Redevelopment Plan and the current Implementation Plan for the
Project Area; and
WHEREAS, the City and RDA desire to enter into that certain Cooperation and Public
Improvements Agreement ("Cooperation Agreement") under which the RDA would commit,
encumber, and pay up to Thirty-two million Dollazs ($32,000,000) for part of the costs of
acquisition of land and the construction and installation of the Main Street Streetscape Master
Plan Public Improvements; and
WHEREAS, the RDA and the City have explored all possible funding sources for the
Main Street Streetscape Master Plan Public Improvements, including federal, state, and local
sources, and the efforts of private property owners and developers and there are no other
reasonable means of financing the part of the costs to acquire the land necessary for the
installation and construction of the Main Street Streetscape Master Plan Public Improvements
available to the community other than with RDA funds as explained in the materials and
information submitted herewith; and
WHEREAS, the RDA desires to pay for part of the costs of the land and costs of
construction and installation of the Main Street Streetscape Master Plan Public Improvements in
the amounts set forth herein, in Exhibit A, and provided in the Cooperation Agreement; and
WHEREAS, the City has reviewed evidence, including testimony, if any, prepazed and/or
submitted in connection with this matter, and has determined that the foregoing recitals, and each
of them, aze true and correct, and fiuther has determined that the provision of the Main Street
Streetscape Master Plan Public Improvements is in the best interests of the City and the RDA
and the health, safety, and welfare of its residents, and in accord with the public purposes and
provisions of applicable state and local law requirements; and
WHEREAS, the City has reviewed the proposed Cooperation Agreement between the
City and the RDA; and
WHEREAS, the Agreement has been reviewed for compliance with California
Environmental Quality Act (CEQA) and the State CEQA Guidelines (CEQA Guideline) and the
Agreement is not a "project" for the purposes of CEQA whileethe QAAeement Commitsuthe
consistent with the CEQA Guidelines Section 15738(b)(4), ~'
Agency to fund an affordable housing program, with potential project identified, it does not
commit the Housing Authority to implement any particular housing project without appropriate
environmental review. Notwithstanding the foregoing, the determination of what constitutes a
"project" under CEQA is complex and may be the subject of differing interpretation and,
accordingly, if the Agreement is determined to be a "project" under CEQA, for the reasons stated
herein, there is still no possibility that the activity(b) 3 o athe Stat e CEQA Guidelines, he
environment and, therefore, pursuant to Section 15061 ( )
activity is not subject to CEQA; and
3
2-85
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred
and the agenda report accompanying this resolution is incorporated by this reference.
HOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES
RESOLVE AS FOLLOWS:
Section 1. The City Council finds and determines that: (i) the provision of the Main
Street Streetscape Master Plan Public Improvements constitutes the acquisition of land and the
installation or construction of the buildings, facilities, structures, or other improvements that are
publicly owned of benefit to the Project Area by helping to eliminate blight within the Project
Area; (ii) no other reasonable means of financing the acquisition of the land for or installation or
construction of the buildings, facilities, structures, or other improvemefnis dainstallafoncor
owned, aze available to the community; (iii) the acquisition of property
construction of the Main Street Streetscape Master Plan Public Improvements are provided for in
the Redevelopment Plan and the Implementation Plan; and (iv) the payment by RDA of funds for
the Main Street Streetscape Master Plan Public Improvements constitutes the payment of funds
for the acquisition of land for or the cost of buildings, facilities, structures, or other
improvements that are publicly owned is consistent with the implementation plan adopted
pursuant to Section 33490.
Section 2. The City Council finds and determines that the Cooperation Agreement is
consistent with the Implementation Plan for the Project Area.
Section 3. The City Council finds and determines that payment of the land for and
the construction and installation of road improvements such as the Main Street Streetscape
Master Plan Public Improvements are provided for in the Redevelopment Plan. Further, The
City Council finds and determines that payment for the land for and the construction and
installation of the Main Street Streetscape Master PlanoaPub~aI bjectivesnas aset forthhin he
Cooperation Agreement will further the RDA's g
Redevelopment Plan and the Implementation Plan.
Section 4. The City Council hereby finds that the proposed approval of the Main
Street Master Plan Cooperation and Public Improvements Agreement ("Coop eratAct
Agreement") is not a "project" for the purposes of the California Envirorunental Q tY
(CEQA) and the State CEQA Guidelines (CEQA Guidelines) because consistent with CEQA
Guidelines Section 15378(b)(4), while the Cooperation Agreement commits the Agency to
funding public improvements, it does not commit the City to implement any particular public
improvement without appropriate environmental review.
Section 5. The City Council hereby consents to payment by the RDA of up to
$32,000,000 for part of the costs of the land necessary for the construction and installation of the
Main Street Streetscape Master Plan Public Improvements pursuant to the Cooperation
Agreement.
Section 6. The City Council approves, and authorizes and directs the Mayor and/or
the City Manager to execute the final form of the Cooperation Agreement on behalf of the City
substantially in the form submitted herewith with such changes as approved by the City Manager
4
2-86
and City Attorney that are consistent with the purposes hereof. rohriat ltto im lelment~hhe
authorizes and directs staff to take all actions necessary and app p P
participation by the City pursuant to the Cooperation Agreement, including without limitation
issuance of warrants.
Section 7. The City Council hereby appropriates the funds provided by the RDA for
the implementation of the Main Street Master Plan Public Improvements, including land
acquisition, if any, provided for in the Main Street Master Plan and in Attachment B, attached
hereto.
Section 8. The City Clerk is authorized to attest the final form of the Cooperation
Agreement on behalf of the City.
Section 9. The City Clerk shall certify to the adoption of this Resolution.
Presented by: Approved as to form by:
Gary Halbert, AICP, PE
Assistant City Manager/Director of
Development Services
Glen R. Googins
City Attorney
5
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EXHIBIT B
DESCRIPTION OF MAIN STREET STREETSCAPE MASTER PLAN PUBLIC
IMPROVEMENTS
Main Street Streetscape Master Plan Public Improvements Proiect Description
The Chula Vista 2005 General Plan designates the Main Street District as one of the five "areas of
change. The General Plan vision for the Main Street District is the continued development of the
area with industrial uses to become the primary industrial area of Southwest Chula Vista. One of
the General Plan's implementing tools is a Streetscape master plan for the Main Street corridor
between Industrial Boulevard and I-805. Staff initiated work on the Main Street Master Plan in July
2009, by conducting urban workshops to gather input from the area's stakeholders and to develop a
needs assessment to ultimately design a master plan that meets the community's needs and the vision
identifted in the General Plan. The Main Street Streetscape Master Plan will provide detailed
planning and identify capital improvements to the existing infrastructure system by improving the
drainage system, beautifying the streets with landscape, and creating multi-modal and complete
streets by balancing the needs of pedestrians, bicyclists, vehicles, and public transportation.
Proposed public improvements for the Main Street Streetscape Master Plan include the following
projects:
Public Infrastructure, which include, without limitation, (a) the installation, repair and
replacement of sidewalks along streets and other public rights-of--way, (b) the installation
of Streetscape improvements such as sidewalks, lighting, landscaping and street furniture
in and along streets and other public rights-of-way, (c) the installation of traffic signals
and streetlights in and along streets and other public rights-of--way, (d) the installation,
repair and replacement of roadways and medians, (e) the installation of all necessary wet
and dry utilities including drainage and stormwater facilities, (f) other multi-modal,
public and private vehicular transportation, traffic, bicycle and pedestrian improvements,
and (g) the installation of other transportation and traffic improvements
B-1
2-89
Description
Amount
Estimated Total Design Phase Costs $2,000,000
$23,500,000
Estimated Construction Costs $6,500,000
Estimated Right-of--Way Acquisitions
$ 0 0~0
Total Estimated Project Costs
RDA Funding Commitment-March 8, 2011
$500,000
FY 2010-2011 Available Balance
$32,000,000
RDA Committed Funding per 33445
Resolutions and Cooperation Agreement
$32,500,000
Total RDA Funding Commitment
B-2
2-90
REDEVELOPMENT AGENCY RESOLUTION NO.
RESOLUTION OF THE REDEVELOPMENT AGENCY OF
THE CITY OF CHULA VISTA APPROVING A
COOPERATION AND PUBLIC IMPROVEMENTS
AGREEMENT WITH THE CITY OF CHULA VISTA;
COMMITTING FUNDS AND CONSENTING TO PAYMENT
BY THE REDEVELOPMENT AGENCY OF ALL OR A PART
OF THE COST OF THE LAND AND IMPROVEMENTS
RELATED TO THE INSTALLATION AND CONSTRUCTION
OF THOSE CERTAIN BAYFRONT MASTER PLAN PUBLIC
IMPROVEMENTS; MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
WHEREAS, the Redevelopment Agency of the City of Chula Vista ("RDA") is a
community redevelopment agency organized and existing pursuant to the California Community
Redevelopment Law (Health & Safety Code Section 33000, et seq.; "CRL") and has been
authorized to transact business and exercise the powers of a redevelopment agency pursuant to
action of the City Council ("City Council") of the City of Chula Vista ("City"); and
WHEREAS, the City Council adopted the Bayfront/Town Centre Redevelopment Plan
("Redevelopment Plan") for the Bayfront/Town Centre Redevelopment Project ("Project Area")
by adopted ordinances of the City Council as amended from time to time including ordinances
merging the component project areas; and
WHEREAS, the RDA approved the Five-Year Implementation Plan for 2010-2014
("Five-Year Implementation Plan") on December 15, 2009, which included the Bayfront Master
Plan as a priority project in its work program; and
WHEREAS, the RDA is engaged in activities necessary and 'appropriate to carry out the
Redevelopment Plan for the Project Area; and
WHEREAS, it is a policy of the RDA to improve and provide public improvements
which are of benefit to the Project Area; and
WHEREAS, between 2002 and 2010, San Diego Unified Port District ("District") and
City/Agency worked cooperatively with the community and stakeholders to create a master plan
for development of the approximately 556-acre Chula Vista Bayfront (the "Chula Vista
Bayfront") located on the southeastern edge of San Diego Bay in the City of Chula Vista. The
purpose of the master plan was to reconfigure the 497 acres of land and 59 acres of water uses
which comprise the Chula Vista Bayfront by connecting the land and water acres in a way that
will promote public access to, and engagement with, the water while enhancing the quality and
protection of key habitat areas, with the ultimate goal of creating aworld-class bayfront through
strong planning and design, economic feasibility and community outreach.
2-91
Resolution No.
Page 2
WHEREAS, as a result of those efforts, on May 18, 2010 at a joint public meeting of the
City, Agency and District, the District, as Lead Agency of the project, as such term is defined in
California Public Resources Code § 21067, certified a Final Environmental Impact Report for the
Chula Vista Bayfront Master Plan and Port Master Plan Amendment (UPD # 83356-EIR-658;
SCH # 2005081077) (the "FEIR"). City and Agency aze Responsible Agencies as defined in
California Public Resources Code § 21069. The project described in the FEIR is known as the
Chula Vista Bayfront Master Plan ("CVBMP"). The area encompassed by the CVBMP is
hereinafter referred to as the "CVBMP Project Area." A map showing the CVBMP Project Area
and its constituent parcels is attached hereto as Exhibit A.
WHEREAS, at that same May 18, 2010 joint meeting, the Redevelopment Corporation of
the City of Chula Vista ("CVRC") adopted a resolution recommending that the City CoLmcil
consider the FEIR and Errata; make certain Findings of Fact; adopt a Statement of Overriding
Considerations and adopt a Mitigation Monitoring and Reporting Program for the CVBMP and
Port Master Plan Amendment; and
WHEREAS, at that same May 18, 2010 joint meeting, the CVRC adopted a resolution
recommending that the City Council approve amendments to portions of the City's General Plan
Land Use and Transportation; Economic; Public Facilities and Services; Environmental; and
Implementation Elements, including associated text, maps and tables involving the Bayfront
Plarming area; and
WHEREAS, at that same May 18, 2010 joint meeting, the CVRC made certain findings
and adopted a resolution recommending that the City Council approve an amendment to the
Chula Vista Local Coastal Program consisting of the Land Use Plan and the Specific Plan and
amending Chula Vista Municipal Code Chapters 19.8.1 through 19.87; and
WHEREAS, at that same May 18, 2010 joint meeting, the Planning Commission of the
City of Chula Vista ("Planning Commission") adopted a resolution recommending that the City
Council consider the FEIR and Errata; make certain Findings of Fact; adopt a Statement of
Overriding Considerations and adopt a Mitigation Monitoring and Reporting Program for the
CVBMP and Port Master Plan Amendment; and
WHEREAS, at that same May 18, 2010 joint meeting, the Planning Commission adopted
a resolution recommending that the City Council approve amendments to portions of the City's
General Plan Land Use and Transportation; Economic; Public Facilities and Services;
Environmental; and Implementation Elements, including associated text, maps and tables
involving the Bayfront Planning area; and
WHEREAS, at that same May 18, 2010 joint meeting, the Planning Commission made
certain findings and adopted a resolution recommending that the City Council approve an
amendment to the Chula Vista Local Coastal Program consisting of the Land Use Plan and the
Specific Plan and amending Chula Vista Municipal Code Chapters 19.8.1 through 19.87; and
WHEREAS, at that same May 18, 2010 joint meeting, the City Council adopted a
resolution malting certain Findings of Fact; adopting a Statement of Overriding Considerations
and adopting a Mitigation Monitoring and Reporting Program after having considered and
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relying on the FEIR and Errata for the CVBMP and Port Master Plan Amendment pursuant to
the California Environmental Quality Act; and
WHEREAS, at that same May 18, 2010 joint meeting, the City Council adopted a
resolution approving amendments to portions of the City's General Plan Land Use and
Transportation; Economic; Public Facilities and Services; Environmental; and Implementation
Elements, including associated text, maps and tables involving the Bayfront Planning area; and
WHEREAS, at that same May 18, 2010 joint meeting, the City Council adopted a
resolution malting certain findings and approving an amended Land Use Plan of the Chula Vista
Local Coastal Program and directed staff to forward the same to the California Coastal
Commission for certification; and
WHEREAS, at that same May 18, 2010 joint meeting, the City Council adopted a
resolution approving the amended Specific Plan of the Chula Vista Local Coastal Program and
amended Chula Vista Municipal Code Chapters 19.8.1 through 19.87; and
WHEREAS, key components of the CVBMP include: a signature park, open space areas
and cultural use; improved visual corridors to San Diego Bay; a resort and convention center and
other hotels; residential and mixed-use office/commercial recreation uses; waterfront retail uses
and public gathering spaces around the harbor; a new commercial harbor and improved
navigation channel; a public promenade and bike trail through the entire bayfront; and lazge
buffer zones to protect adjacent sensitive resources; and
WHEREAS, in order to implement the residential use component of the CVBMP, it was
necessary to release certain pazcels in the CVBMP. azea from the use restrictions imposed by the
Public Trust Doctrine which precluded residential uses; and
WHEREAS, the California State Lands Commission ("SLC") is authorized by.Division 6
of the California Public Resources Code, including Section 6307, to exchange interests in real
property subject to the Public Trust Doctrine for interest in other non-trust lands of equal or
greater value; and
WHEREAS, the District applied for approval to exchange certain trust lands for non-trust
lands to facilitate the implementation of the residential use component of the CVBMP; and
WHEREAS, on December 10, 2010 the SLC approved an exchange of those properties
thereby facilitating implementation of a key component of the CVBMP; and
WHEREAS, City and RDA Staff has examined the requirements of Health and Safety
Code section 33445 regarding payments for land and improvements and prepazed a report
(Attachment A to the City's Staff report) and which is hereby incorporated herein by reference)
in compliance with Section 33445 supporting the required findings made herein.
WHEREAS, each of the City Council of the City of Chula Vista and the governing board
of the RDA has determined that the public health and safety will be promoted by providing for
payment of part of the costs of the acquisition of land and for the cost of construction and
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installation of certain public improvements, in particular the land and improvements necessary
for the construction and installation of those public improvements which are to be publicly
owned and which are contemplated by the FEIR and the CVBMP all as more fully described in
Exhibit"B" attached hereto and fully incorporated by this reference, excepting those public
improvements which aze not in the Project Area or for which a public heazing is required under
Section 33679 of the CRL prior to an Agency commitment ("Bayfront Master Plan Public
Improvements"); and
WHEREAS, the Bayfront Master Plan Public Improvements are located generally within
the Project Area, and will be of benefit to the Project Area; and
WHEREAS, the Bayfront Master Plan Public Improvements to be assisted by the RDA
pursuant to the Cooperation Agreement aze located within to the boundazies of the Project Area,
and will be of benefit to the Project Area and the residents of the community, and will help to
eliminate blight within the Project Area, in particulaz the deficient and lack of infrastructure
described in the Redevelopment Plan and the current Implementation Plan for the Project Area;
and
WHEREAS, the City and RDA desire to enter into that certain Cooperation and Public
Improvements Agreement ("Cooperation Agreement") under which the RDA would commit,
encumber, and pay up to One Hundred -Thirty -Six million Dollars ($136,000,000) from all
available tax increment funds described in Section 4 for part of the costs of acquisition of land
and the design, acquisition, installation and construction of the Bayfront Master Plan Public
Improvements and the City would agree to manage and cause the design, acquisition, installation
and construction of such improvements, provide necessazy staff support services for the
administration and implementation of the Bayfront Master Plan Public Improvements design,
approval and construction program; and carry out actions specified in adopted City Council
Resolution No. 2009-177 that established the Chula Vista Tourism Mazketing District and the
levy of assessments to fund capital improvements or to provide revenues for debt service
provided for Bayfront Master Plan infrastructure bonds in accordance. with California Streets and
Highway Code Section 36600 et seq; and
WHEREAS, the RDA and the City have explored all possible funding sources For the
Bayfront Master Plan Public Improvements, including federal, state, and local sources, and the
efforts of private property owners and developers and there aze no other reasonable means of
financing the part of the costs to acquire the land and for the administration, design, installation
and construction of the Bayfront Master Plan Public Improvements available to the community
other than with RDA funds as explained in the materials and information submitted herewith;
and
WHEREAS, the RDA desires to pay for part of the value of the land and for costs of
construction and installation of the Bayfront Master Plan Public Improvements in the amounts
set forth herein, in Exhibit B, and more fully provided in the Cooperation Agreement; and
WHEREAS, the RDA has reviewed evidence, including testimony, if any, prepared
and/or submitted in connection with this matter, and has determined that the foregoing recitals,
and each of them, are true and correct, and further has determined that the provision of the
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Bayfront Master Plan Public Improvements is in the best interests of the City and the RDA and
the health, safety, and welfare of its residents, and in accord with the public purposes and
provisions of applicable state and local law requirements; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA") the District
as Lead Agency certified the FEIR and therefore, no further or other CEQA actions or
determinations are necessary relating to findings and determinations hereunder and approval of
the Cooperation Agreement (collectively "Approved FEIR"); and
WHEREAS, all other legal prerequisites to this Cooperation Agreement have occurred
and the agenda report accompanying this resolution is incorporated by this reference.
WHEREAS, Pursuant to Section 33220 of the CRL, certain public bodies, including the
City may aid and cooperate in the planning, undertaking, construction, or operation of
redevelopment projects. The programs and activities associated with the Bayfront Master Plan
Public Improvements include but are not limited to acquisition ofrights-of--way, construction bid
documents, bidding, award of bid, and financing the commencement through completion of the
construction of such public works project. The RDA desires the assistance and cooperation of
the City to enable the RDA to carry out the implementation and completion of the Bayfront
Master Plan Public Improvements in accordance with the objectives and purposes of the
Redevelopment Plan for the Project Area. The City agrees (1) to aid and cooperate with the
RDA to expeditiously implement the Bayfront Master Plan Public Improvements in accordance
with the approved plans and specifications in furtherance of the Redevelopment Plan and
Implementation Plan for the Project Area; and (2) to undertake and complete all actions
necessazy or appropriate to ensure that the objectives thereof are fulfilled within the time of
effectiveness of the Project Area. The Redevelopment Plan, implementation plans, and related
official records of the RDA are incorporated herein by reference. In no event shall the RDA pay
for the normal operation and maintenance of Bayfront Master Plan Public Improvements
pursuant to the Agreement.
WHEREAS, the City and the RDA desire to enter into the Cooperation Agreement:
(1) To set forth the scope and description of the Bayfront Master Plan Public
Improvements that are budgeted for and will be budgeted for payment in subsequent fiscal years
in the amounts set forth in Exhibit B, which will cause the RDA to fund in part such public
improvement project all in furtherance of the goals, objectives, and functions of the RDA under
the CRL; and
(2) To provide that the RDA will encumber, allocate, make available, and be
responsible for up to One Hundred -Thirty -Six million Dollazs ($136,000,000) from all
available tax increment funds described in Section 4 ("RDA Amount") for payment of part of the
costs of the land and the administration, design, installation and construction of the Bayfront
Master Plan Public Improvements; and
(3) To cause the City to manage and cause the design, acquisition, installation
and construction of the Bayfront Master Plan Improvments and provide necessary staff support
services for the implementation and administration of the Bayfront Master Plan Improvements
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design, approval and construction program and to carry out actions specified in adopted City
Council Resolution 2009-177 that established the Chula Vista Tourism Marketing District
related to the levy of assessments to fund capital improvements or to provide revenues for debt
service providing for Bayfront Master Plan infrastructure bonds in accordance with California
Streets and Highway Code Section 36600 et seq..
NOW, THEREFORE, THE REDEVOPMENT AGENCY OF THE CITY OF CHULA
VISTA DOES RESOLVE AS FOLLOWS:
Section 1. The Redevelopment Agency finds and determines that: (i) the provision of
the Bayfront Master Plan Public Improvements constitutes the acquisition of land and the
installation or construction of the buildings, facilities, structures, or other improvements that aze
publicly owned of benefit to the Project Area by helping to eliminate blight within the Project
Area; (ii) no other reasonable means of financing the acquisition of the land for or installation or
construction of the buildings, facilities, structures, or other improvements that are publicly
owned, are available to the community; (iii) the acquisition of property for and installation or
construction of the Bayfront Master Plan Public Improvements are provided for in the
Redevelopment Plan and the Five-Year Implementation Plan; and (iv) the payment by RDA of
funds for the Bayfront Master Plan Public Improvements constitutes the payment of funds for the
acquisition of land for or the cost of buildings, facilities, structures, or other improvements that
are publicly owned is consistent with the implementation plan adopted pursuant to Section
33490.
Section 2. The Redevelopment Agency finds and determines that the Cooperation
Agreement is consistent with the Implementation Plan for the Community Project Area.
Section 3. The Redevelopment Agency finds and determines that payment for the
land and the construction and installation of improvements such as the Bayfront Master Plan
Public Improvements are provided for in the Redevelopment Plan. Further, the City Council
finds and determines that payment for the land and the construction and installation of the
Bayfront Master Plan Public Improvements as set fortkr in the Cooperation Agreement will
further the RDA's goals and objectives as set forth in the Redevelopment Plan and the Five-Year
Implementation Plan.
Section 4. The Redevelopment Agency finds pursuant to the California Environmental
Quality Act ("CEQA") the District as Lead Agency certified the FEIR, as stated above, and
therefore, no further or other CEQA actions or determinations are necessary relating to findings and
determinations hereunder and approval of the Cooperation Agreement (collectively "Approved
FEIR")
Section 5. The Redevelopment Agency hereby commits and consents to payment by
the RDA of up to One Hundred -- Thirty -- Six Million Dollars ($136,000,000) for all or part of
the costs of the land and for the construction and installation of the Bayfront Master Plan Public
Improvements pursuant to the Cooperation Agreement.
Section 6. The Redevelopment Agency approves, and authorizes and directs the
Executive Director or his designee to execute the final form of the Cooperation Agreement on
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behalf of the Redevelopment Agency substantially in the form submitted herewith with such
changes as approved by the Executive Director and General Council that are consistent with the
purposes hereof. The Redevelopment Agency further authorizes and directs staff to take all
actions necessary and appropriate to implement the participation by the Redevelopment Agency
pursuant to the Cooperation Agreement, including without limitation issuance of warrants.
Section 7. The Redevelopment Agency hereby appropriates the RDA funds for the
implementation of the Bayfront Master Plan Public Improvements, including land acquisition, if
any, provided for in the Bayfront Master Plan and in Attachment B, attached hereto.
Section 8. The City Clerk, as Secretary of the Redevelopment Agency, is authorized
to attest the final form of the Cooperation Agreement on behalf of the City.
Section 9. The City Clerk shall certify to the adoption of this Resolution.
Presented by: Approved as to form by:
Gary Halbert, AICP, PE
Assistant City Manager/Director of
Development Services
ten R. Googins
City Attorney
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EXHIBIT B
DESCRIPTION OF BAYFRONT MASTER PLAN PUBLIC IMPROVEMENTS
Bayfront Master Plan Public Improvements Project Description
In 2002, the San Diego Unified Port District ("District") and the Chula Vista City Council and
Redevelopment Agency began work to create a master plan for development of the
approximately 556-acre Chula Vista Bayfront (the "Chula Vista Bayfront") located on the
southeastern edge of San Diego Bay in the City of Chula Vista. The purpose of the master plan
is to reconfigure the 497 acres of land and 59 acres of water uses which comprise the Chula Vista
Bayfront by connecting the land and water acres in a way that will promote public access to, and
engagement with, the water while enhancing the quality and protection of key habitat areas, with
the ultimate goal of creating aworld-class bayfront through strong planning and design,
economic feasibility and community outreach.
Y
Key components of the CVBMP include: a signature park, open space areas and cultural use;
improved visual corridors to San Diego Bay; a resort and convention center and other hotels;
residential and mixed-use office/commercial recreation uses; waterfront retail uses and public
gathering spaces around the harbor; a new commercial harbor and improved navigation channel; a
public promenade and bike trail through the entire bayfront; and large buffer zones to protect
adjacent sensitive resources.
Proposed public improvements for the Bayfront Master Plan include the following projects:
1. Public Infrastructure, which include, without limitation, (a) the installation, repair and
replacement of sidewalks along streets and other public rights-of--way, (b) the installation
of streetscape improvements such as sidewalks, lighting, landscaping and street furniture
in and along streets and other public rights-of--way, (c) the installation of traffic signals
and streetlights in and along streets and other public rights-of--way, (d) the installation,
repair and replacement of roadways and medians, (e) the installation of all necessazy wet
and dry utilities including drainage and stormwater facilities, (f) other multi-modal,
public and private vehiculaz transportation, traffic, bicycle and pedestrian improvements,
and (g) the installation of other transportation and traffic improvements; and
2. Parks and Open Space, which include, without limitation, (a) the design and construction
of public park improvements, and (b) the restoration of natural habitat and the creation
and enhancement of urban trail systems
B-1
2-99
Overall Bayfront Master Plan Public Improvements Proiect Costs
Description Amoaint
Estimated Total. Design Phase Costs $87,907,610
Estimated Construction Costs $94,473,693
Estimated Land Costs $9,296,419
Total Estimated Project Costs $158,625,021
RDA Funding Commitment -March 8, 2011
RDA Committed Funding per
33445 Resolutions and Cooperation Agreement $136,000,000
Tota] RDA Funding Commitment $136,000,000
B-2
2-100
REDEVELOPMENT AGENCY RESOLUTION NO.
RESOLUTION OF THE REDEVELOPMENT AGENCY OF
THE CITY OF CHULA VISTA APPROVING A
COOPERATION AND PUBLIC IMPROVEMENTS
AGREEMENT -WITH THE CITY OF CHULA VISTA;
COMMITTING FUNDS AND CONSENTING TO PAYMENT
BY THE REDEVELOPMENT AGENCYOF ALL OR A PART
OF THE COST OF THE LAND AND IMPROVEMENTS
RELATED TO THE INSTALLATION AND CONSTRUCTION
OF THOSE CERTAN THIRD AVENUE STREETSCAPE
MASTER PLAN IMPROVEMENTS; MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH; AND
APPROPRIATING FUNDS THEREFOR
WHEREAS, the Redevelopment Agency of the City of Chula Vista ("RDA") is a
community redevelopment agency organized and existing pursuant to the California Community
Redevelopment Law (Health & Safety Code Section 33000, et seq.; "CRL") and has been
authorized to transact business and exercise the powers of a redevelopment agency pursuant to
action of the City Council ("City Council") of the City of Chula Vista ("City"); and
WHEREAS, the City Council adopted the Redevelopment Plan ("Redevelopment Plan")
for the Merged Chula Vista Project Area (Otay Valley, Southwest, Town Centre II, and Added
Area) ("Project Area") by ordinances adopted by the City Council, as amended from time to
time, including by ordinances providing for the merger of the component project areas; and
WHEREAS, the RDA is engaged in activities necessary and appropriate to carry out the
Redevelopment Plan for the Project Area; and
WHEREAS, it is a policy of the RDA to improve and provide public improvements
which aze of benefit to the Project Area; and
WHEREAS, the 2005 General Plan and the 2007 Urban Core Specific Plan (UCSP), both
of which are incorporated by reference herein, identified Chula Vista's older downtown core, the
Third Avenue Village Area, as an urban center with great emphasis placed on linking higher
density housing and mixed uses around a new hierarchy of transportation modes; pedestrians,
transit, bicyclists and cazs; and
WHEREAS, as a key activity center, the Third Avenue Village area plays a critical role
in activating Chula Vista's Urban Core. Plans for pedestrian improvements and traffic calming
elements were introduced along Third Avenue in the Village District to slow traffic and create a
more pedestrian-friendly environment. Improvements such as bulbouts (sidewalk extensions),
narrowed and/or reduced travel lanes, special paving at crosswalks and median refuge islands,
paseos linking public parking to the main commercial corridor and pedestrian walkways aze
emphasized for this azea. Bicycle transit and upgraded bikeway facilities throughout the azea
were recommended for both recreational and commuting users. In addition, a Transit Focus Area
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at Third Ave and H Street provides multi-modal opporhxnities for both local and regional transit
stations located at I-5/H Street and I-5/E Street which link to the San Diego Trolley's Blue Line;
and
WHEREAS, one of the key implementing projects identified in the UCSP is the
preparation of a streetscape master plan for the Third Avenue corridor between E and H Streets
and in May of 2008, Staff initiated work on the Third Avenue streetscape Master Plan, by first
conducting a needs assessment in close collaboration with the community and the Third Avenue
Village Association (TAVA) to ultimately design a master plan that meets the community's
needs and the Smart Growth precepts identified in the UCSP; and
WHEREAS, the Third Avenue streetscape Master Plan provided detailed planning and
identified capital improvements to the existing infrastructure system to enhance walkability,
improve transit options, modify traffic circulation patterns to be more pedestrian friendly, and
create a more vibrant urban center from E Street to H Street; and
WHEREAS, key components of the Third Avenue streetscape Master Plan include:
pedestrian street crossings with bulb-outs and landscaped medians, new covered transit shelters
with seating, expanded and more open sidewalks in areas for "people gathering" and outdoor
dining, new landscaping and additional street trees, seating benches, bike racks, newspaper
racks, trash receptacles, lighting, pedestrian lighting, tree-up lighting, and community gateway
features and directional signs; and
WHEREAS, City and RDA Staff has examined the requirements of Health and Safety
Code section 33445 regazding payments for land and improvements and prepared a report
(including Attachment B to the City's Staff report and which is hereby incorporated herein by
reference) in compliance with Section 33445 supporting the required fmdings made herein.
WHEREAS, the RDA approved the Five-Yeaz Implementation Plan for 2010-2014
("Five-Year Implementation Plan") on December 15, 2009, which included the completion of the
Third Avenue streetscape Master Plan Improvements as a priority project in its work program;
and
WHEREAS, the City Council of the City of Chula Vista and the governing boazd of the
RDA has determined that the public health and safety will be promoted by providing for
payment of part of the costs of construction and installation necessary for construction of certain
public improvements, in particulaz the land and improvements necessary for the construction and
installation of those public improvements which are to be publicly owned and which are
contemplated by the Third Avenue streetscape Mater Plan all as more fully described in
Exhibit"B" attached hereto and fully incorporated by this reference, excepting those public
improvements which are not in the Project Area or for which a public hearing is required under
Section 33679 of the CRL prior to an RDA commitment (`'Third Avenue streetscape Master
Plan Public Improvements"); and
WHEREAS, the Third Avenue streetscape Master Plan Public Improvements to be
assisted. by the RDA pursuant to the Cooperation and Public Improvements Agreement
("Cooperation Agreement") are located within to the boundaries of the Project Area, and will be
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Resolution No.
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of benefit to the Project Area and the residents of the community, and will help to eliminate
blight within the Project Area, in particular the deficient and lack of infrastructure described in
the Redevelopment Plan and the current Implementation Plan for the Project Area; and
WHEREAS, the City and RDA have determined that there are no other reasonable means
of financing the costs to acquire the land and for the installation and construction of the Third
Avenue Streetscape Master Plan Public Improvements available to the community other than
with RDA funds as explained in the materials and information submitted herewith,; and
WHEREAS, the proposed Improvements are consistent with the 2010-2014
Implementation Plan, adopted December 15, 2009, pursuant to Section 33490 of the Health and
Safety Code; and
WHEREAS, the City and RDA desire to enter into that certain Cooperation Agreement
under which the RDA would commit, encumber, and pay up to four million Dollars ($4,000,000)
for part of the costs of the construction and installation of the Third Avenue Streetscape Master
Plan Public Improvements; and
WHEREAS, the RDA desires to pay for part of the costs of construction and installation
of the Third Avenue Streetscape Master Plan Public Improvements in the amounts set forth
herein, in Exhibit B, and provided in the Cooperation Agreement; and
WHEREAS, the RDA has reviewed evidence, including testimony, if any, prepared
and/or submitted in connection with this matter, and has determined that the foregoing recitals,
and each of them, are true and correct, and further has determined that the provision of the Third
Avenue Streetscape Master Plan Public Improvements is in the best interests of the City and the
RDA and the health, safety, and welfare of its residents, and in accord with the public purposes
and provisions of applicable state and local law requirements; and
WHEREAS, the RDA has reviewed the proposed Cooperation Agreement between the
City and the RDA; and
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-O1
("FEIR-06-O1") for the Urban Core Specific Plan ("UCSP"). On January 25, 2011 the City,
acting as Lead Agency, having found and determined that certain amendments to the UCSP,
including the subject Streetscape Master Plan, 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;
therefore, approval of the subject Cooperation Agreement requires no further CEQA actions or
determinations; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred
and the agenda report accompanying this resolution is incorporated by this reference.
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NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA
VISTA DOES RESOLVE AS FOLLOWS:
Section 1. The Redevelopment Agency finds and determines that: (i) the provision
of the Third Avenue Streetscape Master Plan Public Improvements constitutes the installation or
construction of the buildings, facilities, structures, or other improvements that are publicly
owned of benefit to the Project Area by helping to eliminate blight within the Project Area;
(ii) no other reasonable means of financing the acquisition for installation of other improvements
that are publicly owned, are available to the community; (iii) the payment by RDA of funds for
the Third Avenue Streetscape Master Plan Public Improvements constitutes the payment of funds
for the other improvements that aze publicly owned is consistent with the implementation plan
adopted pursuant to Section 33490.
Section 2. The Redevelopment Agency finds and determines that the Cooperation
Agreement is consistent with the Implementation Plan for the Community Project Area.
Section 3. The Redevelopment Agency finds and determines that payment for the
construction and installation of road improvements such as the Third Avenue Streetscape Master
Plan Public Improvements are provided for in the Redevelopment Plan. Further, The
Redevelopment Agency finds and determines that payment for the construction and installation
of the Third Avenue Streetscape Master Plan Public Improvements as set forth in the
Cooperation Agreement will further the RDA's goals and objectives as set forth in the
Redevelopment Plan and the Five-Year Implementation Plan.
Section 4. The Redevelopment Agency hereby fmds that all necessary CEQA
findings and determinations previously were completed by FEIR-06-O1 certified on April 26,
2007 and the Addendum to FEIR-06-O1 adopted on January 25, 2011.
Section 5. The Redevelopment Agency hereby commit and consents to payment by the
RDA of up to $4,000,000 for part of the costs of the land necessary for the construction and
installation of the Third Avenue Streetscape Master Plan Improvements pursuant to the Cooperation
Agreement.
Section 6. The Redevelopment Agency approves, and authorizes and directs the
Mayor and/or the City Manager to execute the final form of the Cooperation Agreement on
behalf of the Redevelopment Agency substantially in the form submitted herewith with such
changes as approved by the City Manager and City Attorney that are consistent with the
purposes hereof. The Redevelopment Agency further authorizes and directs staff to take all
actions necessazy and appropriate to implement the participation by the City pursuant to the
Cooperation Agreement, including without limitation issuance of warrants.
Section 7. The Redevelopment Agency hereby appropriates funds for the
implementation of the Third Avenue Streetscape Master Plan Public Improvements, including land
acquisition, if any, as provided for in the Third Avenue Streetscape Master Plan and in Attachment
B, attached hereto.
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Section 8. The City Clerk, as secretary to the Redevelopment Agency, is authorized
to attest the final form of the Cooperation Agreement on behalf of the Redevelopment Agency.
Section 9. The City Clerk shall certify to the adoption of this Resolution.
Presented by: Approved as to form by:
Gary Halbert, AICP, PE
Assistant City Manager/Director of
Development Services
Glen R. Googins
City Attorney
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EXHIBIT B
DESCRIPTION OF THIRD AVENUE STREETSCAPE MASTER PLAN PUBLIC
IMPROVEMENTS
Third Avenue Streetscape Master Plan Public Imnrovements Project Descrintion
Third Avenue, between .H. Street and .E. Street is designated as a Smart Growth azea in the
City's Urban Core Specific Plan. Smart Growth is characterized by providing people with a
variety of transportation choices, pedestrian-friendly access, and strong links between land uses
and regional transportation. Smart Growth fosters distinctive and attractive communities with
strong and unique identities that draw people to them. This project will promote Smart Growth
and bring people back to Chula Vista's first business district.
The Third Avenue Streetscape Master Plan provides detailed planning and identifies capital
improvements to the existing infrastructure system to enhance walkability, improve transit
options; modify traffic circulation patterns to be more pedestrian friendly, and create a more
vibrant urban center from E Street to H Street.
This project will include the following public improvements:
• Pedestrian street crossings with bulb-outs and landscaped medians
• New covered transit shelters with seating
• Expanded and more open sidewalks in areas for people gathering and outdoor dining
• New landscaping & additional street trees
• Seating benches, bike racks, newspaper racks & trash receptacles
• Lighting, pedestrian lighting & tree up-lighting
• Community gateway features & directional signs
The Third Avenue Streetscape Master Plan Public Improvements described in this Exhibit A are
depicted in and include the attached Exhibit I and Exhibit 2 attached hereto that illustrate the
requisite public improvements.
B-1
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Overall Third Avenue Streetscane Master Plan Public Improvements Proiect Costs
Description Amount
Estimated Total Design Phase Costs $1,000,000
Estimated Construction Costs $8,000,000
Estimated Right-of--Way Acquisitions $10,000
Total Estimated Project Costs $9,010,000
RDA Funding Commitment - Mazch 8, 2011
FY 2010-2011 Available Balance $2,500,000
RDA Committed Funding per 33445
Resolutions and Cooperation Agreement $4,000,000
Total RDA Funding Commitment $6,500,000
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REDEVELOPMENT AGENCY RESOLUTION NO
RESOLUTION OF THE REDEVELOPMENT AGENCY OF
THE CITY OF CHULA VISTA APPROVING A
COOPERATION AND PUBLIC IMPROVEMENTS
AGREEMENT WITH THE CITY OF CHULA VISTA;
COMMITTING FUNDS AND CONSENTING TO PAYMENT
BY THE REDEVELOPMENT AGENCYOF ALL OR A PART
OF THE COST OF THE LAND AND IMPROVEMENTS
RELATED TO THE INSTALLATION AND CONSTRUCTION
OF THOSE CERTAIN MAIN STREET MASTER PLAN
IMPROVEMENTS; MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH; AND APPROPRIATING FUNDS
THEREFOR
WHEREAS, the Redevelopment Agency of the City of Chula Vista ("RDA") is a
community redevelopment agency organized and existing pursuant to the California Community
Redevelopment Law (Health & Safety Code Section 33000, et seq.; "CRL") and has been
authorized to transact business and exercise the powers of a redevelopment agency pursuant to
action of the City Council ("City Council") of the City of Chula Vista ("City"); and
WHEREAS, the City Council adopted the Redevelopment Plan ("Redevelopment Plan")
for the Merged Chula Vista Project Area (Otay Valley, Southwest, Town Centre II, and Added
Area) ("Project Area") ("Project Area") by ordinances adopted by the City Council, as amended
from time to time, including by ordinances providing for the merger of the component project
azeas; and
WHEREAS, the RDA is engaged in activities necessary and appropriate to carry out the
Redevelopment Plan for the Project Area; and
WHEREAS, it is a policy of the RDA to improve and provide public improvements
which aze of benefit to the Project Area; and
WHEREAS, the Chula Vista 2005 General Plan designates the Main Street District as
one of the five "areas of change" and envisions the Main Street District as an area with continued
development of industrial uses to become the primary industrial area of Southwest Chula; and
WHEREAS, one of the General Plan's implementing tools is a streetscape master plan
for the Main Street corridor between Industrial Boulevard and the I-805; and
WHEREAS, staff initiated work on the Main Street Master Plan (also known as the
"Main Street streetscape Master Plan") in July 2009, by conducting urban workshops to gather
input from the area's stakeholders and to develop a needs assessment to ultimately design a
master plan that meets the community's needs and the vision identified in the General Plan; and
WHEREAS, the Main Street streetscape Master Plan will provide detailed planning and
identify capital improvements to the existing infrastructure system by improving the drainage
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system, beautifying the streets with landscape and creating multi-modal and complete streets by
balancing the needs of pedestrians, bicyclists, vehicles and public transportation; and
WHEREAS, on January 8, 2011, the City Council held a public hearing amending certain
portions of the Chula Vista Municipal Code, which included a reference to the ongoing
preparation of the Nlain Street Streetscape Master Plan; and
WHEREAS, Agreement has been reviewed for compliance with California
Environmental Quality Act (CEQA) and the State CEQA Guidelines (CEQA Guideline) and the
Agreement is not a "project" for the purposes of CEQA and the CEQA Guidelines because,
consistent with the CEQA Guidelines Section 15738(b)(4), while the Agreement Commits the
Agency to fund an affordable housing program, with potential project identified, it does not
commit the Housing Authority to implement any particular housing project without appropriate
environmental review. Notwithstanding the foregoing, the determination of what constitutes a
"project" under CEQA is complex and may be the subject of differing interpretation and,
accordingly, if the Agreement is determined to be a "project" under CEQA, for the reasons stated
herein, there is still no possibility that the activity may have a significant effect on the
environment and, therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines, the
activity is not subject to CEQA;
WHEREAS, key components of the Main Street Master Plan include: drainage, curbs,
gutters, sidewalks, partial medians at crosswalks and intersections, signage, bus shelters, trees,
bike lanes, bike racks, newspaper racks, trash receptacles, gateway features and other
improvements that create a multi-modal and complete street by balancing the needs of
pedestrians, bicyclists, vehicles and public transportation; and
WHEREAS, City and RDA Staff has examined the requirements of Health and Safety
Code section 33445 regarding payments for land and improvements and prepazed a report
(Attachment B to the City's Staff report) and which is hereby incorporated herein by reference)
in compliance with Section 33445 supporting the required findings made herein; and
WHEREAS, each of the City Council of the City of Chula Vista and the governing board
of the RDA has determined that the public health and safety will be promoted by providing for
payment of part of the costs of the land and the cost of construction and installation necessary for
construction of certain public improvements, in particular the land and improvements necessazy
for the construction and installation of those public improvements which are to be publicly
owned and which are contemplated by the Main Street Streetscape Master Plan all as more fully
described in Exhibit "B" attached hereto and fully incorporated by this reference, excepting those
public improvements which are not in the Project Area or for which a public hearing is required
under Section 33679 of the CRL prior to an RDA commitment ("Main Street Streetscape Master
Plan Public Improvements"); and
WHEREAS, the Main Street Streetscape Master Plan Public Improvements are located
generally within the Project Area, and will be of benefit to the Project Area; and
WHEREAS, the Main Street Streetscape Master Plan Public Improvements to be assisted
by the RDA pursuant to the Cooperation Agreement are located within to the boundaries of the
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Project Area, and will be of benefit to the Project Area and the residents of the community, and
will help to eliminate blight within the Project Area, in particular the deficient and lack of
infrastructure described in the Redevelopment Plan and the current Implementation Plan for the
Project Area; and
WHEREAS, the City and RDA desire to enter into that certain Cooperation and Public
Improvements Agreement ("Cooperation Agreement") under which the RDA would commit,
encumber, and pay up to Thirty-two million Dollars ($32,000,000) for part of the costs of
acquisition of land and the construction and installation of the Main Street Streetscape Master
Plan Public Improvements; and
WHEREAS, the RDA and the City have explored all possible funding sources for the
Main Street Streetscape Master Plan Public Improvements, including federal, state, and local
sources, and the efforts of private property owners and developers and there are no other
reasonable means of financing the part of the costs to acquire the land necessary for the
installation and construction of the Main Street Streetscape Master Plan Public Improvements
available to the community other than with RDA funds as explained in the materials and
information submitted herewith; and
WHEREAS, the RDA desires to pay for part of the costs of the land and costs of
construction and installation of the Main Street Streetscape Master Plan Public Improvements in
the amounts set forth herein, in Exhibit A, and provided in the Cooperation Agreement; and
WHEREAS, the RDA has reviewed evidence, including testimony, if any, prepared
and/or submitted in connection with this matter, and has determined that the foregoing recitals,
and each of them, are true and correct, and further has determined that the provision of the Main
Street Streetscape Master Plan Public Improvements is in the best interests of the City and the
RDA and the health, safety, and welfare of its residents, and in accord with the public purposes
and provisions of applicable state and local law requirements; and
WHEREAS, the RDA has reviewed the proposed Cooperation Agreement between the
City and the RDA; and
WHEREAS, the Agreement has been reviewed for compliance with California
Environmental Quality Act (CEQA) and the State CEQA Guidelines (CEQA Guideline) and the
Agreement is not a "project" for the purposes of CEQA and the CEQA Guidelines because,
consistent with the CEQA Guidelines Section 15738(b)(4), while the Agreement Commits the
Agency to fund an affordable housing program, with potential project identified, it does not
commit the Housing Authority to implement any particular housing project without appropriate
environmental review. Notwithstanding the foregoing, the determination of what constitutes a
"project" under CEQA is complex and may be the subject of differing interpretation and,
accordingly, if the Agreement is determined to be a "project" under CEQA, for the reasons stated
herein, there is still no possibility that the activity may have a significant effect on the
environment and, therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines, the
activity is not subject to CEQA; and
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WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred
and the agenda report accompanying this resolution is incorporated by this reference.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES
RESOLVE AS FOLLOWS:
Section 1. The Redevelopment Agency finds and determines that: (i) the provision
of the Main Street Streetscape Master Plan Public Improvements constitutes the acquisition of
land and the installation or construction of the buildings, facilities, structures, or other
improvements that are publicly owned of benefit to the Project Area by helping to eliminate
blight within the Project Area; (ii) no other reasonable means of financing the acquisition of the
land for or installation or construction of the buildings, facilities, structures, or other
improvements that are publicly owned, are available to the community; (iii) the acquisition of
property for and installation or construction of the Main Street Streetscape Master Plan Public
Improvements are provided for in the Redevelopment Plan and the Implementation Plan; and
(iv) the payment by RDA of funds for the Main Street Streetscape Master Plan Public
Improvements constitutes the payment of funds for the acquisition of land for or the cost of
buildings, facilities, structures, or other improvements that are publicly owned is consistent with
the implementation plan adopted pursuant to Section 33490.
Section 2. The Redevelopment Agency finds and determines that the Cooperation
Agreement is consistent with the Implementation Plan for the Project Area.
Section 3. The Redevelopment Agency fmds and determines that payment of the land
for and the construction and installation of road improvements such as the Main Street
Streetscape Master Plan Public Improvements are provided for in the Redevelopment Plan.
Further, The Redevelopment Agency finds and determines that payment for the land for and the
construction and installation of the Main Street Streetscape Master Plan Public Improvements as
set forth in the Cooperation Agreement will further the RDA's goals and objectives as set forth
in the Redevelopment Plan and the Implementation Plan.
Section 4. The Redevelopment Agency hereby finds that the proposed approval of
the Main Street Master Plan Cooperation and Public Improvements Agreement ("Cooperation
Agreement") is not a "project" for the purposes of the California Environmental Quality Act
(CEQA) and the State CEQA Guidelines (CEQA Guidelines) because consistent with CEQA
Guidelines Section 15378(b)(4), while the Cooperation Agreement commits the Agency to
funding public improvements, it does not commit the City to implement any particular public
improvement without appropriate environmental review;
Section 5. The Redevelopment Agency hereby commits and consents to payment by
the RDA of up to $32,000,000 for part of the costs of the land necessary for the construction and
installation of the Main Street Streetscape Master Plan Public Improvements pursuant to the
Cooperation Agreement.
Section 6. The Redevelopment Agency approves, and authorizes and directs the
Executive Director or his designee to execute the final form of the Cooperation Agreement on
behalf of the Redevelopment Agency substantially in the form submitted herewith with such
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changes as approved by the Executive Director and General Counsel that are consistent with the
purposes hereof. The Redevelopment Agency further authorizes and directs staff to take all
actions necessary and appropriate to implement the participation by the Redevelopment Agency
pursuant to the Cooperation Agreement, including without limitation issuance of warrants.
Section 7. The Redevelopment Agency hereby appropriates the funds provided by
the RDA for the implementation of the Main Street Master Plan Public Improvements, including
land acquisition, if any, provided for in the Main Street Master Plan and in Attachment B,
attached hereto
Section 8. The City Clerk, as secretary of the Redevelopment Agency, is authorized
to attest the final form of the Cooperation Agreement on behalf of the City.
Section 9. The City Clerk shall certify to the adoption of this Resolution.
Presented by: Approved as to form by:
Gary Halbert, AICP, PE
Assistant City Manager/Director of
Development Services
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Glen R. Googins
City Attorney
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EXHIBIT B
DESCRIPTION OF MAIN STREET STREETSCAPE MASTER PLAN PUBLIC
IMPROVEMENTS
Main Street Streetscane Master Plan Public Improvements Project Description
The Chula Vista 2005 General Plan designates the Main Street District as one of the five "areas
of change." The General Plan vision for the Main Street District is the continued development
of the area with industrial uses to become the primary industrial area of Southwest Chula
Vista. One of the General Plan's implementing tools is a streetscape master plan for the Main
Street corridor between Industrial Boulevazd and I-805. Staff initiated work on the Main
Street Master Plan in July 2009, by conducting urban workshops to gather input from the area's
stakeholders and to develop a needs assessment to ultimately design a master plan that meets the
community's needs and the vision identified in the General Plan. The Main Street streetscape
Master Plan will provide detailed planning and identify capital improvements to the existing
infrastructure system by improving the drainage system, beautifying the streets with landscape,
and creating multi-modal and complete streets by balancing the needs of pedestrians, bicyclists,
vehicles, and public transportation.
Proposed public improvements for the Main Street streetscape Master Plan include the following
projects:
Public Infrastructure, which include, without limitation, (a) the installation, repair and
replacement of sidewalks along streets and other public rights-of--way, (b) the installation
of streetscape improvements such as sidewalks, lighfing, landscaping and street furniture
in and along streets and other public rights-of--way, (c) the installation of traffic signals
and streetlights in and along streets and other public rights-of--way, (d) the installation,
repair and replacement of roadways and medians, (e) the installation of all necessary wet
and dry utilities including drainage and stormwater facilities, (f) other multi-modal,
public and private vehicular transportation, traffic, bicycle and pedestrian improvements,
and (g) the installation of other transportation and traffic improvements
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Overall Bayfront Main Street Streetscane Plan Public Improvements Project Costs
Description Amount
Estimated Total Design Phase Costs $2,000,000
Estimated Construction Costs $23,500,000
Estimated Right-of--Way Acquisitions $6,500,000
Total Estimated Project Costs $32,000,000
RDA Funding Commitment-March 8, 2011
FY 2010-2011 Available Balance $500,000
RDA Committed Funding per 33445 $32,000,000
Resolutions and Cooperation Agreement
Total RDA Funding Commitment $32,500,000
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