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HomeMy WebLinkAboutReso 2011-046RESOLUTION NO.2011-046 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") 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 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 Boulevazd 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 Resolution No. 2011-046 Page 2 WHEREAS, on January 8, 2011, the City Council held a public heazing amending certain portions of the Chula Vista Municipal Code, which included a reference to the ongoing prepazation 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 pazticulaz 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 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 regazding 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 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 the land and the cost 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 aze to be publicly owned and which aze 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 aze not in the Project Area or for which a public heazing 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 aze 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 Resolution No. 2011-046 Page 3 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 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 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 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, aceordingly, 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 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: Resolution No. 2011-046 Page 4 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 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 aze 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 aze 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 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 City Council 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 City Council hereby consents to payment by the RDA of up to Thirty- Two Million dollazs ($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 and City Attorney that aze 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. 2011-046 Page 5 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 Halbert, P.E., AI ssistant City Manager/Development Services Director Approved as to form by ~ ~ ~ /~- len R. G gins ~~ 't Attory~y ~_ ~ ~\ 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: Donna R. Norris, MC, Crty Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA 1 7 ~j I Cheryl Cox, Ma or I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2011-046 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 Mazch 2011. ~~~h ~~ Donna R. Norris, CMC, City Clerk Resolution No. 2011-046 Page 6 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 lndustrial 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 Resolution No. 2011-046 Page 7 Overall Bavfront Main Street Streetscape 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