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HomeMy WebLinkAboutRDA Reso 13-2011 RESOLUTION NO. 13 -2011 REDEVELOPMENT AGENCY, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING THE EXPENDITURE OF TAX INCREMENT FUNDS FOR SPECIFIED PUBLIC IMPROVEMENTS, ADOPTING FINDINGS REQUIRED BY HEALTH AND SAFETY CODE SECTION 33445, AND AUTHORIZING THE EXECUTION OF A PUBLIC IMPROVEMENT AGREEMENT WITH THE CITY OF SOUTH SAN FRANCISCO WHEREAS, the Redevelopment Agency of the City of South San Francisco ( "Agency ") is a redevelopment agency formed, existing and exercising its powers pursuant to California Community Redevelopment Law, Health and Safety Code Section 33000 et seq. ( "CRL "); WHEREAS, the City Council ( "City Council ") of the City of South San Francisco ( "City ") has adopted and amended, from time to time, the Redevelopment Plan (the "Redevelopment Plan ") for the Downtown/Central project area (the "Project Area "); and WHEREAS, in keeping with the goals of the Agency to eliminate blight in the Project Area in accordance with the Redevelopment Plan and Agency's current Implementation Plan ( "Implementation Plan "), the City and Agency have been working cooperatively regarding the development of certain public improvements in the Project Area; and WHEREAS, the City and Agency have determined that it would be mutually beneficial to enter into a Public Improvement Agreement (the "Agreement ") a copy of which is on file with the City Clerk and Agency Secretary, pursuant to which the Agency would agree to pay for certain public improvements to be undertaken by the City in the furtherance of the redevelopment of the Project Area; WHEREAS, pursuant to Section 33445 of the CRL, the Agency may, with the consent of the City, pay for all or a portion of the cost of the land for, and the cost of construction of, any building, facility, structure, or other improvements that are publicly owned and located within the Project Area if the City Council finds based upon substantial evidence that: (1) The acquisition of the land or the installation or construction of the buildings, facilities, structures, or other improvements that are publicly owned are of benefit to the Project Area; (2) The acquisition of the land or the installation or construction of the buildings, facilities, structures, or other improvements that are publicly owned benefits the Project Area by helping to eliminate blight within the Project Area, or will directly assist in the provision of housing for low- or moderate - income persons; (3) No other reasonable means of financing the acquisition of the land or the installation or construction of the buildings, facilities, structures, or other improvements that are publicly owned, are available to the community; and (4) The payment of funds for the acquisition of land or the cost of buildings, facilities, structures, or other improvements that are publicly owned is consistent with the implementation plan adopted pursuant to CRL Section 33490. WHEREAS, pursuant to State CEQA Guidelines Section 15378(b)(4), approval of the Agreement itself is not a project subject to the California Environmental Quality Act ( "CEQA "), because the Agreement is related to a government funding mechanism or other government fiscal activities which do not involve a commitment to any specific project which may result in a potentially significant physical impact on the environment; and, WHEREAS, a "project" requiring CEQA review, is an activity that has the potential for resulting in either a direct or reasonably foreseeable indirect physical change in the environment, and expressly does not include government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project (CEQA Guidelines, § 15378(b)(4)); and, WHEREAS, nevertheless, as is further set forth below, the potential environmental impacts of the projects identified in Exhibit A to the Agreement were evaluated in the Environmental Impact Report for the Oyster Point Specific Plan and Phase I Project ( "EIR ") under CEQA, and the City has determined based on substantial evidence that there are no substantial changes proposed in the projects, no substantial changes have occurred with respect to the circumstances or environmental setting under which the projects will be undertaken, and no other significant new information has become available since the time the public notice of availability was issued, which would demonstrate that (i) a new significant environmental impact would result from the projects or from a new mitigation measure to be implemented; (ii) a substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted that reduce the impact to a level of insignificance; (iii) a feasible project alternative or mitigation measure considerably different from others previously analyzed would clearly lessen the environmental impacts of the project; or (iv) the draft EIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded; therefore, no further CEQA evaluation or recirculation of the EIR is required for approval of the Agreement pursuant to Public Resources Code section 21166 and CEQA Guidelines Sections 15088.5 and 15162; WHEREAS, the Environmental Impact Report for the Downtown/Central Project Area, and the Environmental Impact Report for the Oyster Point Specific Plan and Phase I Project, are each expressly relied upon in accordance with CEQA Guidelines Section 15152 for this action's compliance with CEQA, and each EIR may be reviewed during normal business hours at the City of South San Francisco, Planning Division, 315 Maple Avenue, South San Francisco, CA 94080; and WHEREAS, the Staff Report accompanying this Resolution, the Redevelopment Plan, and the Implementation Plan provide additional information upon which the findings and actions set forth in this Resolution are based; WHEREAS, the expenditure of tax increment funds for the projects identified in the Agreement will be of benefit to the Project Area by facilitating the elimination of blight and the development of affordable housing; WHEREAS, the expenditure of tax increment funds for the improvements is consistent with the Implementation Plan adopted by the Agency pursuant to Health and Safety Code Section 33490, in that they will further the goals and objectives of the Redevelopment Plan, improve the appearance of the Project Area, eliminate blight, improve access to Project Area businesses, support economic development, and support the development of affordable housing; and WHEREAS, the activities and improvements proposed to be funded pursuant to the Agreement will not generate cash flow to the City or Agency, and therefore cannot support debt service; the City has no unrestricted general fund revenue available for such purposes without a reduction in vital community services; and the City does not have and cannot reasonably obtain revenue available for such purposes, and therefore no other reasonable means of financing the Project exists. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of South San Francisco that it hereby: 1. Finds based upon the foregoing recitals and the evidence set forth in the Staff Report, accompanying this Resolution that: (i) the expenditure of tax increment funds for the public improvements identified in the Agreement will be of benefit to the Project Area by helping to eliminate blighting conditions and facilitating the development of low and moderate - income housing, (ii) no other reasonable means of financing such projects and programs is reasonably available, and (iii) completion of such projects is provided for and consistent with the Redevelopment Plan and the Implementation Plan adopted in connection therewith. 2. Finds that pursuant to State CEQA Guidelines Section 15378(b)(4), approval of the Agreement itself is not a project subject to the California Environmental Quality Act ( "CEQA "), because the Agreement is related to a government funding mechanism or other government fiscal activities which do not involve a commitment to any specific project which may result in a potentially significant physical impact on the environment. A "project" requiring CEQA review, is an activity that has the potential for resulting in either a direct or reasonably foreseeable indirect physical change in the environment, and expressly does not include government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project (CEQA Guidelines, § 15378(b)(4)). Nevertheless, the environmental impacts of the following projects were examined in the EIR referenced below, there are no substantial changes proposed in the projects, no substantial changes have occurred with respect to the circumstances or environmental setting under which the projects will be undertaken, and no other significant new information has become available since the time the public notice of availability was issued, which would demonstrate that (i) a new significant environmental impact would result from the projects or from a new mitigation measure to be implemented; (ii) a substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted that reduce the impact to a level of insignificance; (iii) a feasible project alternative or mitigation measure considerably different from others previously analyzed would clearly lessen the environmental impacts of the project; or (iv) the draft EIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded; therefore, no further CEQA evaluation or recirculation of the EIR is required for approval of the Agreement pursuant to Public Resources Code section 21166 and CEQA Guidelines Sections 15088.5 and 15162: A. The environmental impacts of the projects described on Exhibit A were examined in the Oyster Point Specific Plan and Phase I Project EIR, State Clearing House Number 2010022070, circulated for public review on January 25, 2011. 3. Approves the Agency's expenditure of tax increment funds in the amounts and for the purposes specified in the Agreement. 4. Approves the actions to be undertaken and the work to be performed by the City as specified in the Agreement. 5. Authorizes the Agency Executive Director to execute the Agreement on behalf of the Agency substantially in the form on file with the Agency Secretary and to undertake such actions and to execute such additional instruments as may be necessary or desirable in order to carry out the intent of this Resolution. 6. Authorizes the Agency Secretary or designee to file a Notice of Determination and a Notice of Exemption for the approval of the Agreement with the County Clerk of San Mateo County in conformance with the procedures provided for the filing of such notices in the California Environmental Quality Act and the CEQA Guidelines. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the Redevelopment Agency of the City of South San Francisco at a special meeting held on the 2 day of March, 2011 by the following vote: AYES: Boardmembers Mark Addiego, Pedro Gonzalez, and Karyl Matsumoto, Vice Chair Richard A. Garbarino and Chairman Kevin Mullin NOES: None ABSTAIN: None ABSENT: None _ Ci iC-