HomeMy WebLinkAboutReso 2011-044RESOLUTION NO. 2011-044
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 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-Yeaz 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 bayfront through
strong planning and design, economic feasibility and community outreach.
Resolution No. 2011-044
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 pazcels 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 azea; 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 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 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 En•ata for the CVBMP and Port Master Plan Amendment pursuant to
the California Environmental Quality Act; and
Resolution No. 044
Page 3
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 azea; and
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 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 azeas
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 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 1Q, 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 have 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
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
Resolution No. 2011-044
Page 4
owned and which aze 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 aze 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 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 dollazs ($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 welfaze of its residents, and in accord with the public purposes and
provisions of applicable state and local law requirements; and
Resolution No. 044
Page 5
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 necessazy 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, 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, awazd 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 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 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
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..
Resolution No. 2011-044
Page 6
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 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 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 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 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 aze necessazy 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 dollazs ($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
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.
Resolution No. 044
Page 7
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
. ~~
Halbert, P.E., AICP/
s~stant City Manager/Development Services
Director
>.
?/~ ~~~ :~
len R.~ ogins i
Att ey ~~
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 8th day of March 2011 by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, Castaneda, Ramirez and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST:
0
Donna R. Norris, CM ,City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
~l y ~
Cheryl Cox, yor
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2011-044 was duly passed, approved, and adopted by the City Council at a
special meeting of the Chula Vista City Council held on the 8th day of March 2011.
Executed this 8th day of March 2011.
4
Donna R. Norris, C ,City Clerk
Resolution No. 2011-044
Page 8
EXHIBIT B
DESCRIPTION OF BAYFRONT MASTER PLAN PUBLIC IMPROVEMENTS
Bavfront 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 azeas, 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 storxnwater facilities, (t) 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
Resolution No. 044
Page 9
Overall Bayfront Master Plan Public Improvements Proiect Costs
Description Amount
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 - Mazch 8, 2011
RDA Committed Funding per
33445 Resolutions and Cooperation Agreement $136,000,000
Total RDA Fundine Commitment $136,000,000
B-2