THE BOARD OF SUPERVISORS OF THE COUNTY OF STANISLAUSACTION AGENDEPT:
Planning and
Community
Development
BOARD AGENDA
#
*D-2
P
Urgent Routine AGENDADATE
May 10, 201 1
CEO Concurs with Recommendation
YES
NO
415
Vote Required YES NO
[I-I
(Information
Attached)
SUBJECT:
Approval of the California Health and Safety Code Section 33445 Findings as they Relate to the StanislausCounty Redevelopment Agency (RDA) Project No.
1
Public Infrastructure Projects and to Authorize theDirector of the Stanislaus County Public Works Department to Enter Into an Agreement with the RDA forthe Design, Engineering, and Construction of the Agency's Public lmprovement Projects
STAFF RECOMMENDATIONS:
1.
Find that:a. As set forth in detail below, pursuant to Section 33445 of the Health and Safety Code: (1) theprovision of storm drain infrastructure improvements are a benefit to the Stanislaus CountyRedevelopment Project Area No. 1,
(2)
no
other reasonable means of financing improvements iscurrently available, and (3) the improvements will assist in the elimination of one or more blightconditions inside the Project area:(Continued on page 2)
FISCAL IMPACT:
Approval of this item will not obligate the County General Fund in any way to cover any costs associatedwith implementing the Stanislaus County Redevelopment Agency's Public lmprovement Projects. Thisitem authorizes the County Public Works Department to enter into an agreement with the Agency for thedesign, engineering, and construction of the Agency's Public lmprovement Projects. The agreementprovides $32,000,000 in funding for the Public lmprovement Projects on
a
pay-as-you-go basis and thisfunding will cover all costs incurred by the County Public Works Department as a result of the agreement.(Continued on page2)
BOARD ACTION AS FOLLOWS:
NO.
201
1-285
On motion of Su~ervisor-
-
OiB!i~_n
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,
Seconded by Supervisor
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DeMaai_ni
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and approved by the following vote,Ayes: Su perv sors:-
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QI
Bcien Chiesa -Wit_hr~v~
!!Ilnafi~
-and
C-ha_icm~-n- ~nteith-
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None
oes: Supervisors:
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Excused or Absent: Supervisors:_-_Np_n_e_
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None
bstaining: Supervisor_:
.................................................................................
I)
X
Approved as recommended
2)
Denied
3)
Approved as amended
4)
Other:MOTION:ATTEST: CHRISTINE FERRARO TALLMAN, ClerkFile No.
Approval of California Health and Safety Code Section 33445 Findings as they Relate tothe Stanislaus County Redevelopment Agency (RDA) Project No. 1 Public InfrastructureProjects and to Authorize the Director of the Stanislaus County Public Works Department toEnter Into an Agreement with the RDA for Design, Engineering, and Construction of theAgency's Public lmprovement ProjectsPage
2
STAFF RECOMMENDATIONS: (Continued)
(1)
The provision of storm drain infrastructure improvements are a benefit tothe Stanislaus County Redevelopment Project Area No. 1, consistent withthe 201 0-2014 lmplementation Plan ("Implementation Plan"), staff reports,and other documents, as well as the Redevelopment Plan, adopted inMarch 1990 ("Redevelopment Plan"), which found that the installation ofpublic improvements, facilities, and utilities in areas that are currentlyinadequately served by such improvements, facilities and utilities wouldattain the purposes of California Community Redevelopment Law; and
(2)
The improvements will assist in the elimination of one or more blightconditions inside the project area, consistent with the lmplementationPlan, staff reports, and other documents, as well as the RedevelopmentPlan, which identifies blighting conditions within the Project, includinginadequate public improvements, facilities, and utilities, and inadequatedrainage; and(3) No other reasonable means of financing the improvements is available tothe community, as documented by the lmplementation Plan and the FiscalYear 201 0-1 1 Capital lmprovement Plan, which identifies a fundingshortfall of at least $159,530,989 for current and future unmetinfrastructure needs identified throughout the County, as well as staffreports, and other documents; and
(4)
The construction of the improvements is consistent with the Agency'sadopted 2010-2014 lmplementation Plan, which identifies the EmpireStorm Drain project as a infrastructure project which satisfies the goalsand objectives of the Redevelopment Plan, including the rehabilitation ofthe Project area (especially residential neighborhoods), and theelimination or reduction of certain environmental deficiencies (includingnonexistent storm drainage systems).Authorize the Director of the Stanislaus County Public Works Department to executean agreement with the Stanislaus County Redevelopment Agency, upon review andapproval of the agreement by County Counsel, for administration, design,engineering, environmental, and construction of the Airport Neighborhood Sewer,Empire Storm Drain, andParklawn Neighborhood Sewer projects and any futurepublic improvement projects identified in the Agency's lmplementation Plan on a"pay-as-you-goJ' asis as net tax increment funding becomes available.FISCAL
IMPACT: (Continued)
Upon approval of this agreement, the County Public Works Department will budgetannually based on the scope and schedule of the activities which can be undertaken giventhe available funding.
Approval of California Health and Safety Code Section 33445 Findings as they Relate tothe Stanislaus County Redevelopment Agency (RDA) Project No. 1 Public InfrastructureProjects and to Authorize the Director of the Stanislaus County Public Works Department toEnter Into an Agreement with the RDA for Design, Engineering, and Construction of theAgency's Public Improvement ProjectsPage 3
DISCUSSION:
On April 19, 201 1, the Stanislaus County Redevelopment Agency authorized the Agency'sExecutive Director to finalize an agreement with the Stanislaus County Public WorksDepartment in an amount not to exceed $32,000,000 in future Capital Project fund net taxincrement for the administration, design, engineering, environmental, and construction ofthe Airport Neighborhood Sewer, Empire Storm Drain, and Parklawn Neighborhood Sewerprojects and any future public improvement projects identified in the Agency'sImplementation Plan on a "pay-as-you-go" basis as net tax increment funding becomesavailable.The Agency also authorized the Executive Director to submit a formal request to theStanislaus County Board of Supervisors for the California Health and Safety Code Section33445 findings for the Empire Storm Drain project. Section 33445 findings are required forthe construction of any building, facility, structure, or other improvement that will be publiclyowned, but not owned by the agency, and paid for, in full or in part, by the Agency. Section33445 requires that the local legislative body, of the public agency owning theimprovement(s), must consent to the provisions of public improvements by the Agency andmust find that:
1.
The public improvements are of benefit to the project area or the immediateneighborhood of the project area.2. No other reasonable means of financing such public improvements are available to thecommunity.3. The agency's contribution to the cost of the public improvement or facility will assist inelimination of one or more blighting conditions in the project area.The Agency's Project No.
1
is approximately 4,272 acres in size and is comprised of 15sub-areas. The Empire Storm Drain project is located within the Agency's Empire sub-area(See Attachment
"1
).
The following is an overview of the Empire Storm Drain project:Empire Storm Drain Proiect
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This project includes installation of curb, gutter, handicapreturns, new street sections, and a positive storm drain collection system for the entireEmpire sub-area. The project is generally bounded by
"A"
Street to the west, McCoyAvenue to the north, North and South Abbie Streets to the east, and South Avenue tothe south. Phase 1A of the project has been completed and includes a self-containedfrench drain in the area generally bounded by "E" Street to the West, 2nd and CentralStreets to the north, "I" Street to the east, and State Route 132 (Yosemite Boulevard) tothe south. The remainder of the project is proposed to be completed in the followingthree phases:
o
Phase 1B
-
This portion of the project, located south of State Route 132(Yosemite Boulevard) consists of the installation and connection of storm drain
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