HomeMy WebLinkAboutMINUTES - 12142010 - C.128RECOMMENDATION(S):
As the Board of Supervisors, ADOPT Resolution No. 2010/606 consenting to an allocation
of up to $950,000 from the Contra Costa County Redevelopment Agency to the Rodeo
Sanitary District to fund a public improvement in the Rodeo downtown/waterfront area;
making findings required by Health and Safety Code Section 33445 of public benefit,
financial need, and blight elimination as recommended by the Redevelopment Director; and
making required findings under 14 California Code of Regulations 15162 related to the
project’s environmental effects.
FISCAL IMPACT:
The project budget is $950,000. No General Funds would be utilized. Rodeo
Redevelopment funds have been budgeted for this purpose.
BACKGROUND:
PROJECT SCOPE
A key objective of the Rodeo Redevelopment program is to rehabilitate and upgrade public
infrastructure in Downtown Rodeo and the Rodeo Marina. The Redevelopment Agency
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/14/2010 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Vincent Manuel
(925) 335-7232
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes
of the Board of Supervisors on the date shown.
ATTESTED: December 14, 2010
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C.128
To:Board of Supervisors
From:Jim Kennedy, County Redevelopment Director
Date:December 14, 2010
Contra
Costa
County
Subject:Public Improvement Agreement, Rodeo Marina Sewer Expansion
(Agency) has budged
BACKGROUND: (CONT'D)
$2.5 million for Rodeo downtown/waterfront infrastructure improvements. The Rodeo
Sanitary District (RSD) would be responsible for designing and constructing specified
sanitary sewer improvements that would be an initial phase of a larger program. The
recommended action will provide the Rodeo Sanitary District with the necessary funds to
accomplish the design and construction of the sanitary sewer improvement design. The
Public Improvement Agreement for the Rodeo Sewer Expansion (the “Public
Improvement Agreement”) provides up to $950,000 for the following tasks:
The Sewer Expansion program will consist of the following items, which the District, or
its agents, must complete within the term set forth in the Agreement, which is January 1,
2011 to March 31, 2012:
1. Project Management and Administration;
2. Information Collection, including utility investigation, field survey, geotechnical
investigations;
3. Preliminary and Final Design of the Sewer Improvements;
4. Construction of Improvements pursuant to Section 1.1 of the Public Improvement
Agreement; and
5. To the extent necessary, preparing permit applications and supporting documents for
obtaining easements from Southern Pacific Railroad, East Bay Regional Parks District,
Contra Costa County, and Caltrans.
FINDINGS OF BENEFIT
Pursuant to California Redevelopment Law, the Agency may fund public improvements
owned by another public agency with the consent of the Board of Supervisors, and if the
Board of Supervisors finds and determines that: (1) the public improvement will be of
benefit to the project area, (2) no other reasonable means of financing the public
improvement is available to the community, (3) the public improvement will assist in the
elimination of one or more blighting conditions inside the project area; and (4) Agency
assistance for the public improvement is consistent with the Agency’s current
Implementation Plan. (Section 33445 of the Health & Safety Code).
The Public Improvement Agreement will help the RSD pay for the cost of designing and
constructing necessary sanitary sewer public improvements for the Rodeo Marina. The
necessary public improvements will eliminate blight and benefit the Project Area by
helping to spur the redevelopment site that is an integral part of the Project Area’s
waterfront. The public improvements may lead to the renovation and expansion of the
Rodeo Marina, thereby stimulating and expanding the existing uses in the waterfront.
The RSD has conducted an analysis of its financial capability to fund the activities
contemplated by the Public Improvement Agreement and due to limited availability of
general funds, the State’s budget crisis, and the RSD’s funding priorities, the RSD does
not currently have sufficient funds to pay for the costs of the design and construction of
the sanitary sewer improvements. On December 14, 2010, the District’s Board of
Directors will receive a report and recommendation from its staff to approve a resolution
making the required finding that the District has no other reasonable means of funding the
public improvements.
The construction of sanitary sewer improvements in the Rodeo Marina will lead to the
renovation and expansion of the Rodeo Marina Facilities to accommodate multiple uses,
which may include: a restaurant, marine repair facility, boat docks, boat storage, boat
launch, a new harbor, master building, lodging, mixed use commercial, and public
access. Restoration of the Rodeo Marina would stimulate redevelopment activities in the
waterfront area by expanding the existing uses, thus eliminating blighting conditions in
the Project Area.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS
The Rodeo Downtown/Waterfront Specific Plan Environmental Impact Report (EIR) was
adopted by the County Board of Supervisors on August 12, 1997. The purpose of the
EIR was to evaluate environmental consequences that would result from the adoption of
the Rodeo Waterfront/Downtown Area Specific Plan, approval of an associated General
Plan Amendment, and analysis of the potential environmental impacts that may result
from construction-related projects that would follow adoption of the Specific Plan. The
proposed project (financing agreement; annexation of the Rodeo Marina into the Rodeo
Sanitary District boundaries; and construction of the infrastructure improvements needed
to convert the marina area from a septic system to the Rodeo Sanitary District sewer
system) are within the scope contemplated by the EIR, and the following findings are
appropriate:
1. No substantial changes are proposed in the project which require major revisions of the
EIR due to the involvement of new significant environmental effects or a substantial
increase in the severity of previously identified significant effects. (15162(a)(1));
2. No substantial changes occur with respect to the circumstances under which the project
is undertaken which will require major revisions of the previous EIR due to the
involvement of new significant environmental effects or a substantial increase in the
severity of previously identified significant effects have occurred. (15162(a)(2)); and
3. No new information of substantial importance, which was not known and could not
have been known with the exercise of reasonable diligence at the time the previous EIR
was certified as complete, shows any of the following:
(A) The project will have one or more significant effects not discussed in the previous
EIR; or (15162(a)(3)(A));
(B) Significant effects previously examined will be substantially more severe than shown
in the previous EIR; or (15162(a)(3)(B));
(C) Mitigation measures or alternatives previously found not to be feasible would in fact
be feasible, and would substantially reduce one or more significant effects of the project,
but the project proponents decline to adopt the mitigation measure or alternative; or
(15162(a)(3)(C)); or
(D) Mitigation measures or alternatives which are considerably different from those
analyzed in the previous EIR would substantially reduce one or more significant effects
on the environment, but the project proponents decline to adopt the mitigation measure or
alternative. (15162(a)(3)(D)).
Based on the Initial Study conducted by the County, no new effects could occur or no
new mitigation measures would be required that were not examined in the Rodeo
Downtown/Waterfront Environmental Impact Report, adopted August 12, 1997, per
Section 15168(c)(2) of the CEQA Guidelines. The proposed project is within the scope of
the project covered by the program EIR and no new environmental document is required.
SUMMARY OF RECOMMENDATIONS
Therefore the recommendation includes three actions:
1. Consenting to the appropriation of not more than Nine Hundred Fifty Thousand
Dollars ($950,000) by the Redevelopment Agency of Contra Costa County (the
"Agency") to disburse to the Rodeo Sanitary District (the "District") for the cost of
funding a public improvements design and construction program for sewer improvements
to the Rodeo Marina area;
2. Making required findings pursuant to Health and Safety Code Section 33445 that the
project would be of benefit to the Redevelopment Project Area, and therefore provide a
basis for consenting to of assistance by the Agency to the District; and
3. Making CEQA findings pursuant to 14 California Code of Regulations Section 15162
in connection with the approval of the assistance by the Agency to the District.
CONSEQUENCE OF NEGATIVE ACTION:
If the project is not authorized, the proposed scope of work will not be able to be
accomplished and will reduce the Agency's ability to reduce blight in the project area, and
to eliminate an existing health and safety violation.
CHILDREN'S IMPACT STATEMENT:
N/A
ATTACHMENTS
Resolution No. 2010/606
Agreement with Rodeo Sanitary
Agreement with Rodeo Sanitary