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HomeMy WebLinkAboutMINUTES - 12142010 - C.136RECOMMENDATION(S): Acting as the Governing Board of the Contra Costa County Redevelopment Agency, ADOPT Resolution No. 2010/605 approving and authorizing the execution of a Public Improvement Agreement for Rodeo Marina Sewer Extension with the Rodeo Sanitary District; adopting findings of benefit to the Rodeo Redevelopment Project Area pursuant to Health and Safety Code Section 33445; and making required findings under 14 California Code of Regulations 15162 related to the project’s environmental effects. (100% Redevelopment Funds) [Consider with AIR 6547] FISCAL IMPACT: The project budget is $950,000. No General Funds would be utilized. Rodeo Redevelopment funds have been budgeted for this purpose. BACKGROUND: 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: Vincent Manuel C.136 To: From:Jim Kennedy, County Redevelopment Director Date:December 14, 2010 Contra Costa County Subject:Public Improvement Agreement, Rodeo Marina Sewer Expansion BACKGROUND: (CONT'D) 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 (Agency) has budged $2.5 million for Rodeo 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 Rodeo Sewer Expansion (the "Public Improvement Agreement") provides up to $950,000 for the work. The public improvement will consist of the following items, which the RSD, or its agents, must complete within the term of 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 provided for in 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 activities 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. Therefore the recommendation includes three actions: 1) Approving the Public Improvement Agreement for Rodeo Marina Sewer Expansion with the Rodeo Sanitary District, including the appropriation of not more than Nine Hundred Fifty Thousand Dollars ($950,000) by the Agency for the cost of funding a public improvements design and construction program; 2) Making certain findings pursuant to Health and Safety Code Section 33445 that the project would be of benefit to the Rodeo Redevelopment Project Area; 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. A current health and safety violation would not be cured. CHILDREN'S IMPACT STATEMENT: N/A ATTACHMENTS Resolution No. 2010/605 Rodeo Sanitary Agreement Rodeo Sanitary Agreement CEQA document