HomeMy WebLinkAboutRDA Reso 2011-2042RDA RESOLUTION N0.2011-2042
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 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 sey.; "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 necessazy 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 azea of Southwest Chula Vista;
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 azea'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 P-an; 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
RDA Resolution No. 2011-2042
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
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; 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 amulti-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 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 necessazy for
construction of certain public improvements, in particular the land and improvements necessary
for the construction and installation of those public improvements which aze 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 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
RDA Resolution No. 2011-2042
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 aze no other
reasonable means of financing the pazt of the costs to acquire the land necessazy 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, prepazed
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
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:
RDA Resolution No. 2011-2042
Page 4
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 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 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 particulaz public
improvement without appropriate environmental review;
Section 5. The Redevelopment Agency hereby commits and consents to payment by
the RDA of up to Thirty-Two Million dollazs ($32,000,000) for part of the costs of the land
necessazy 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
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.
RDA Resolution No. 2011-2042
Page 5
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 ?~~
LCt~T
ry Halbert, P.E., AIC
Assistant City Manager/Development Services
Director
Approved as to form by
Glen R. oogins
Ag ounsel
PASSED, APPROVED, and ADOPTED by the Redevelopment Agency of the City of
Chula Vista, California, this 8th day of March 2011, by the following vote:
AYES: Agency Members: Aguilaz, Bensoussan, Castaneda, Ramirez, and Cox
NAYS: Agency Members: None
ABSENT: Agency Members: None
ATTEST:
Eric Crockett, Secretary
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
l~
Cheryl Cox, C irpe son
I, Eric Crockett, Secretary of the Chula Vista Redevelopment Agency, do hereby certify that the
foregoing RDA Resolution No. 2042 was duly passed, approved, and adopted by the
Redevelopment Agency at a special meeting held on the 8th day of March 2011.
Executed this 8th day of March 2011.
Gti/(~~%~
Eric Crockett, Secretary
uj
kA�li t °- Z W
� Z (i) �" p
LLI
w Q l
.�
� ��6 C. aii�a,0.`tli
+ W
o`e
49 0
.. � I.. _.. y ry (��ire
- t
RDA Resolution No. 2011-2042
Page 7
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 vehicular transportation, traffic, bicycle and pedestrian improvements,
and (g) the installation of other transportation and traffic improvements
B-1
RDA Resolution No. 2011-2042
Page 8
Overall Bavfront Main Street Streetscane Plan Public Imurovements 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, 201 1
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