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HomeMy WebLinkAboutMINUTES - 08011989 - 2.4 d2. Y TO: BOARD OF SUPERVISORS C Ira FROM: HARVEY E. BRAGDON, C` st DIRECTOR OF COMMUNITY DEVELOPMENT Coy-"q7 DATE: JULY 26, 1989 SUBJECT: MEMORANDUM OF AGREEMENT BETWEEN THE COUNTY, TOWN OF DANVILLE AND NEW WEST FEDERAL SAVINGS AND LOAN ASSOCIATION FOR THE ALAMO SPRINGS GENERAL PLAN AMENDMENT STUDY. SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Authorize the Chair, Board of Supervisors, to execute the Memorandum of Agreement between the County, the Town of Danville, and New West Federal Savings and Loan Association for the Alamo Springs General Plan Amendment Study with Concurrent Land Development Requests. FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS The County and the Town of Danville has received notification of the intent by New West Federal Savings and Loan Association to develop the Alamo Springs property. The property consists of approximately 150 acres, 25 acres of which are within the Town boundaries and the remaining acres are within the County boundaries. It is in the mutual interest of the County, Town and the applicant to coordinate the review and approval process for the land development application. The purpose of the Memorandum of Agreement is to establish the special procedures, staffing and funding to accommodate the joint review and approval of this development project. CONTINUED ON ATTACHMENT: YES SIGNA _ RECOMMENDATION OF COUNTY ADMINISTRATOR RECO4F *TEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON APPROVED AS RECOMMENDED ,4 _ OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. 'cc: Community Development (Orifi. ) ATTESTED Town of Danville (via CDD) PHIL BA 'HE OR, CLERK OF New West Federal Savings & Loan (via CDD) THE BOARD OF SUPERVISORS County Administrator AND COUNTY ADMINISTRATOR County Counsel Public Works Department BY , DEPUTY Supervisor R. I . Schroder (via CDD) en6 :AlamoSpr.bo ASA:gms MEMORANDUM OF AGREEMENT ALAMO SPRINGS GENERAL PLAN AMENDMENT STUDY WITH CONCURRENT PRELIMINARY AND FINAL DEVELOPMENT PLAN AND TENTATIVE MAP REQUESTS COUNTY OF CONTRA COSTA/TOWN OF DANVILLE This Memorandum of Agreement is entered into as of July 1989 , by and between the County of Contra Costa (hereinafter "County" ) , the Town of Danville (hereinafter "Town" ) , and New West Federal Savings and Loan Association (hereinafter "New West" or "applicant" ) . RECITALS This Memorandum of Agreement is based on the following facts and circumstances: WHEREAS, the County and the Town have received notification of an intent to file a development project for residential development covering a 150 +/- acre site identified as the Alamo Springs property which is split between the jurisdictional boundaries of the County (125 +/- acres, identified as APN #197-050-018, -019 ) and the Town ( 25 +/- acres, identified as APN #197-082-014, -016, -017 , -018 and -020) (hereafter "the project" ) ; and WHEREAS, the physical characteristics of the property are such that delivery of urban services will primarily occur through the Town of Danville - La Gonda Way access corridor; and WHEREAS, it is in the mutual interest of both the County and the Town to coordinate the review and approval process (the "application process" ) for the development project to assure that project related impacts dealing with traffic, soils and geology, visual impacts, drainage, etc. , are adequately identified and addressed; and WHEREAS, it is also in the mutual interest of the County and the Town to coordinate the review and approval process for the development project to assure that development issues pertaining to general plan and zoning conformance, hillside development, annexation to pertinent service districts, provision of pedestrian and equestrian trails, assessment and payment of municipal services costs, and collection of development fees, etc. , are addressed in a comprehensive and appropriate manner; and WHEREAS, in order to avoid the necessity of processing separate, parallel development projects with the County and Town, it is necessary to establish a mechanism by which the County and Town 1 can review and approve a common development project for the subject property (envisioned to include a General Plan Amendment Study, Preliminary and Final Development Plans and a Vesting Tentative Map) ; and WHEREAS, joint processing of the development project will afford the developer a single unified process; and WHEREAS, State Planning and Zoning Law provides for the creation of special procedures to accommodate joint review and approval of development projects which involve lands falling in multiple jurisdictions; NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, and of the mutual advantages to be obtained from the implementation of such promises, the parties hereto agree as follows : I. COORDINATING COMMITTEE. A Coordinating Committee is to be established. The Committee shall consist of four members, appointed as follows: 1 ) one member of the Contra Costa County Board of Supervisors and one member of the San Ramon Valley Regional Planning Commission, both of whom shall be appointed by and serve at the pleasure of the Contra Costa County Board of Supervisors, and 2) one member of the Danville Town Council and one member of the Danville Planning Commission, both of whom shall be appointed by and serve at the pleasure of the Danville Town Council . Should any member cease to serve for any reason, the appointing authority shall appoint a successor. This Committee shall be vested with the following powers and duties: A. To oversee timely processing of the project, according to the schedule of Exhibit A. B. To approve the selection (as recommended by the staffs of the Town and of the County) of a "Project Manager" whose contract shall be administered by the County and Town. The Project Manager will work as a consultant under contract with the County and Town, and shall be vested with the following powers and duties: 1 . To work directly with the project applicant and the Committee in formulating a development application and participating in negotiations and informal discussions concerning the development of the property; 2 . To report to the Coordinating Committee. Staffs will give recommendations to Project Manager after receiving input from staff, applicant and public; 3 . To prepare staff reports, EIR documentation and 2 related paperwork concerning the development of the property; 4 . To coordinate, schedule, and provide all necessary documentation, reports, and recommendations to the Danville Planning Commission and the San Ramon Valley Regional Planning Commission, as well as to the Danville Town Council and the Board of Supervisors, for the hearing process on the application. C. To work with the Project Manager in approving reports presented to the public legislative bodies concerning the property; D. To make recommendations to the Project Manager for revisions to the development application; E. In the event of different recommendations from the Danville Planning Commission and the San Ramon Valley Regional Planning Commission, the Coordinating Committee will review those differences and seek to resolve them prior to submittal of the project to the Board of Supervisors and the Danville Town Council . II . PUBLIC HEARING/NOTICE REQUIREMENTS. The public hearing and notice requirements for the development applications shall proceed simultaneously with the County and the Town. III . SIMULTANEOUS/INDEPENDENT PROCESSING. This Agreement contemplates the coordinated processing of the application between the two jurisdictions for simultaneous but independent approval with coordinated, consistent findings and conditions of approval . County and Town shall at all times retain their respective powers and duties in each of their respective territorial jurisdictions . If, for any reason, the applicant is unable to obtain final approval of the development project from either the County or the Town, applicant may proceed to process separate development projects in each jurisdiction, without coordination. To the extent relevant to such separate development projects, any work done to that point shall be given full credit by each jurisdiction so that applicant may proceed with minimal duplication of processing, approvals and expense. IV. FEES AND COSTS. The staffs of County and Town estimate that the total of the application fees, environmental impact report costs, County and Town staff surcharges for EIR, Project Manager and County/Town Staff costs, as well as local office secretarial, reproduction and contingency costs, may well exceed $200, 000 . New West agrees to deposit the sum of Two Hundred Thousand Dollars ($200, 000 . 00 ) with the County and Town, who will place it in an interest bearing joint account in a mutually 3 acceptable banking institution. The account shall be in the name of the County and Town, and County and Town shall each designate one of their officers or employees as their agent for the purpose of expending funds from such account. Both agents must sign any authorization to expend funds from the account. The $200,000 must be deposited by New West before the Project Manager can be recruited. All interest accumulating on the account shall be for the benefit of New West, and shall be paid from the account to New West each month. The funds in the account shall be available to apply to the foregoing and related expenses as determined by the Town and County through the Project Manager. If actual expenses exceed Two Hundred Thousand Dollars ($200,000 . 00) , then, upon written notification from the Project Manager, New West shall deposit such additional monies in such account as are necessary to complete the processing of its application under this Agreement. Town and County shall determine the allocation, between those two jurisdictions, of each such fee and/or cost. All financial matters shall be jointly administered by the County and Town, and the Town and County may at any time withdraw funds necessary to cover expenses of the application process . In the event New West fails to deposit funds sufficient to meet all expenses of the application process, New West agrees that the application process shall cease and New West shall be solely responsible for any and all obligations resulting from the project, application process, or this Agreement. V. AMENDMENT TO MEMORANDUM. This Memorandum may be amended by the written consent of the parties to it. VI . DESIGNATION OF LEAD AGENCY. The County is hereby designated as the lead agency on this project for all purposes under the California Environmental Quality Act. VII . EFFECTIVE DATE OF MEMORANDUM. This Memorandum shall remain in effect from July _, 1989 until all entitlements have been resolved. VIII . COUNTERPARTS . This Memorandum may be signed in counterparts on signature pages attached to form a complete document. APPROVE/D BY TOWN OF/DANVILLE: By- SUSANNA SCHLENDORF MAYOR (COUNCIL RESOLUTION NO. 4 ATTEST: APPROVED AS By: Q i� By NANCY 0 TENBLAD DOANE CITY CL ITY ATTORNEY COUNTY OF CONTRA CO/STA/ By: �ey1t /G�C�rl//f CHAIRPERSON, BOARD OF SUPERVISORS (BOARD ORDER NO-. 1 ) ATTEST: Phil Batchelor, Clerk of the Board of APPROV AS TO FORM; Supervisors and County Administrator By: By• ITT MftftT I/ V TOR J. WESTMAN OUNTY COUNSEL NEW#WESD//ERAL SAVI S & OAN ASSOCIATION By: SC�INNITY, ViFe Pre ident By: 6 KAKN L. BROWN, Assistant Secretary DCG:tb 5 The Town and the County agree to use their best efforts to comply with the following schedule: May, 1989 Processing Framework approved in concept by Town and County staffs July, 1989 Town Council and Board of Supervisors approval of processing framework, appointment of ad-hoc committee and approval of memorandum of understanding (to have one agency administer the contract) August, 1989 Ad-hoc Committee establishes selection process for Project Manager September, 1989 Project submittal by Applicant and selection of Project Manager September, 1989 Project Manager coordinates review process through County and Town Staffs and conducts study sessions with SRVAPC and DanvillePlanningCommission including a minimum of two study sessions October, 1989 Notice of Preparation Distributed October, 1989 EIR Consultant selected October, 1989 Preparation of the DEIR thru Jan, 1990 January, 1990 DEIR review process. initiated Jan, thru February, 1990 Project Manager prepares Staff Report February, thru May, 1990 Public Hearing process concurrently through the County and the Town EXHIBIT A