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HomeMy WebLinkAboutMINUTES - 08131991 - 2.1 2-001 TO: BOARD OF SUPERVISORS - Contra FROM: Harvey E. Bragdon r C�IJJIC� Director of Community Development 'f�= c Cointy OSTq COIIK,-; DATE: July 30, 1991 SUBJECT: Contra Costa Centre Association Child Care Mitigation Program SPECIFIC REQUEST(S) OR RECOMMENDATIONS (S) & BACKGROWND AND JUSTIFICATION RECOMMENDATIONS Approve and authorize the Chair and the Director of Community Development or his designee to execute Child Care Mitigation .Agreements with property owners in the Pleasant Hill BART Station Area, and a Child Care Program . Administration Agreement with . the Contra Costa Centre Association. . FISCAL IMPACT With the participation of the membership of the Contra Costa Centre Association, the Child Care Mitigation Program will be capitalized at over $1. 2 million. The County will be responsible for investing the proceeds of the capital account, which is comprised solely of developer contributions, and disbursing them to the Contra Costa Centre Association pursuant to the Child Care Mitigation Agreement. No General Fund expenditures is involved. BACKGROUNDREASONS FOR RECOMMENDATIONS On behalf of the Pleasant Hill BART Steering Committee, I am pleased to recommend the establishment of a Child Care Mitigation Program for the Pleasant Hill BART Station Area. In 1986 the Board of Supervisors adopted a child care component of the Community Facilities Element of the County General Plan (Resolution 86/623) . In 1988 the Board of Supervisors enacted a Child Care Facilities Ordinance (Ordinance 88-1 adding chapter 82-22 to the County Ordinance Code) . The Child Care Ordinance requires developers CONTINUED ON ATTACHMENT: X YES SIGNATURE: L44,e 1.) / RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEND N OF BO D COMMI TEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ONjj APPROVED AS RECOMMENDED . e OTHER 1_ EXPRESSED appreciation to James Kennedy, Deputy Director of the County Redevelopment Agency, and staff of the Contra Costa Centre Asssociaiton for their work on this effort. 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 County Administrator ATTESTED �99 County Counsel PHIL BIPCHELOR, CLERK OF Auditor-Controller THE BOARD OF SUPERVISORS Redevelopment Agency AND OUNTY ADMINISTRATOR Contra Costa Centre Association Contra Costa Child Care Council BY , DEPUTY SRA15/jb/chldcmit.bos of projects to prepare and submit to the County a child care survey, including a needs assessment and response plan. The Contra Costa Centre Association (COCA) has fulfilled this obligation on behalf of its membership. A. Contra Costa Centre Association Child Care Mitigation Program The Child Care - Mitigation Program consists of a fund, capitalized by members of the CCCA (as shown on Appendix 1) , that may be used for child care facilities, child care affordability, or other child care needs of employees or projects represented by the CCCA. The value of the fully capitalized program is $1, 216,400. The intent is to use the interest earnings only to operate a child care affordability program, and the principal amount, on occasion, for child care facilities. A disbursement of '$100, 000 is contemplated for the GBW Child Care Project. The required capital contribution is to be made when the buildings are built. For already completed buildings, the capital contribution is due within 30 days of the effective date of the Child Care Mitigation Agreement. Two developers, Taylor-Woodrow and Hillman Properties have opted to pay their child care capital contribution through participation in a Mello-Roos Community Facilities District financing recently approved by the Board. B. Child Care Program Administration Agreement The Contra Costa Centre Association (CCCA) will be responsible for the development and administration of the Child Care Mitigation Program. An annual program and expenditure plan will be submitted to the County for its review and approval. The CCCA may administer the program directly, or contract with a third party. C. Related Actions Previously Taken by the Board As part of the process of establishing the Mello-Roos Community Facilities District, on June 4, 1991 (which included the child care capital contribution of Taylor-Woodrow and Hillman Properties Child Care) the County established the Contra Costa Centre Association Trust Fund, and approved actions necessary to capitalize said Trust Fund with Taylor- Woodrow's and Hillman Properties' capital contribution upon sale of bonds. ATTACHMENT 1 June 10 , 1991 . Child Care Mitigation Program (uses LCCA FAR figures) Share of FAR FAR SHARE Capital Cost Taylor-Woodrow 205700 8 . 68% $112 , 831 Embassy Suites 216400 9 . 13% $35 , 100 Hillman 253500 10 . 70% $139 , 051 Thomas 51000 2 . 15% $27 , 975 Urban West 500000 21 . 10% $274 , 262 Oak Hill 102000 4 . 30% $55 , 949 Homart Offices 300800 12 . 69% $164 , 996 Homart Hotel 133600 5 . 64% $73 , 283 Wallace-Olson 375000 15 . 820 $205 , 696 Chris . James 80000 3 . 38% $43 , 882 Bank of the West 122000 5 . 15% $66 , 920 American Assets 30000 1 . 27% $16 , 456 TOTAL 2370000 100 . 00% $1 , 216 , 400 CHILD CARE MITIGATION AGREEMENT Pleasant Hill BART Sation Area 1 . 0 Agreement Identification Department: Contra Costa County Community Development Department Subject: Pleasant Hill BART Station Area Child Care Mitigation 2 . 0 Parties The County of Contra Costa, California (the "County") , and the following named Developer: Developer: Treat Corners Partnership, a California Joint Venture of Kajima Development Corp. and Wallace-Olson Associates Address : c/o Richland Development 1535 N. Main Street Walnut Creek CA 94596 Property APN: 148-470-001 and 002 Phone Number: Merle Gilliland 510-935-6710 hereby agree and promise as follows : 3 . 0 Recitals WHEREAS, it is a goal of the County to assist and encourage the development of adequate, affordable and quality child care, and to maximize parental choice for child care options in the community; and WHEREAS, the County, by Resolution No. 86/623, adopted a child care component of the Community Facilities Element of the County General Plan; and WHEREAS, the County, by Resolution No. 91/68, adopted a comprehensive update to the County General Plan, inc�uding a Public Facilities/Services Element with a child care component; and WHEREAS, the County, by Ordinance No. 88-1, approved by the Board of Supervisors on January 26, 1988 , enacted a child care facilities ordinance (chapter 82-22 to the County Ordinance Code) ; and WHEREAS, the Contra Costa Centre Association (the "CCCA") has been established as a non-profit mutual benefit corporation whose members are property owners and developers with interests in the Pleasant Hill BART Station Area; and WHEREAS, one of the specific purposes of the CCCA is enabling its members to coordinate planning and services in the child care area; and WHEREAS, the Developer is a member of the CCCA; and WHEREAS, Section 82-22 .806 of the County Ordinance Code requires that developers of Projects (as defined in Section 82-22 .406) prepare and submit a child care survey, that includes a needs assessment and response plan; and WHEREAS, the CCCA submitted a child care needs assessment as required by Section 82-22 . 806 on March 9 , 1988 , with an update dated September 11, 1989 ; and WHEREAS, the CCCA submitted a response plan as required by Section 82-22 . 806 in a .letter dated January 30, 1991; and WHEREAS, the Director of Community Development (the "Director") has determined that the needs assessment and response plan is adequate, subject to members of the CCCA contractually obligating themselves to the response actions referenced in their letter of January 30, 1991; and WHEREAS, the CCCA has entered into a Child Care Program Administration Agreement ("Administration Agreement") with the County, in which it agrees to annually develop and provide for the administration of a Child Care Mitigation Program including program design, an expenditure plan, and an administration plan (collectively the "Plan") . 2 . 4 . 0 Effective Date The effective date of this agreement is August 21, 1997 5. 0 Terms 5. 1 Child Care Mitigation Program The Child Care Mitigation Program consists of a fund, capitalized by members of the LCCA, that may be used for child care facilities, affordability, or other child care needs of employees or projects represented by the LCCA. The Plan will be developed by the CCCA within 180 days of effective date of this Agreement. Said Plan shall be submitted to the County for its review and approval. The Plan shall include a capital contribution not to exceed $100, 000 to the child care center being developed by GBW Properties as part of the Park Regency project (GBW Child Care Project) . Prior to disbursement of said $100, 000 a three (3) party agreement between the County, GBW Properties, and the COCA indicating time lines for completion of the GBW Child Care Project, and setting forth certain entitlements granted to the CCCA regarding use of the child care facility shall be executed. The parties hereto acknowledge that the expenditure component of the Plan shall permit disbursement of the $100, 000 capital contribution for the GBW Child Care Project by the County prior to the Plan being developed and approved. 5 . 2 Capital Contribution The Undersigned Developer agrees to a total capital contribution of $205,660. 5. 3 Payment Schedule The Developer agrees to pay its capital contribution to the County pursuant to the following schedule: 3 . (a) Twenty-five percent (25%) of the amount for the project or the phase of the project as described in Exhibit A, upon issuance of a building permit; (b) The remaining seventy-five percent (7516) of the amount for the project or the phase of the project as described in Exhibit A, upon final sign-off of the Community Development Department prior to occupancy. (c) For projects or phases described in Exhibit A which are built as of the date of this Agreement, no later than thirty (30) days after the effective date of this Agreement. 5. 4 Payment Mechanisms Capital contributions specified in Section 5. 2 are to be made payable to the County of Contra Costa. As an alternative to the payment schedule shown in Section 5. 3 of this Agreement, the Developer may choose to do one of the following: (a) Pay its capital contribution by agreeing to a special tax as part of . a Mello-Roos Community Facilities District. The Developer must affirm- atively declare its intent to participate in such a District when requested by the County. If for any reason, a Mello-Roos District is not formed or the Developer does not participate in such District, the Developer shall pay pursuant to Section 5. 3 above; and (b) Such other payment alternative upon which the Developer and County may agree. 5. 5 Child Care Trust Fund The County shall establish a Child Care Trust Fund, and shall deposit capital contributions made pursuant to ` Sections 5. 2 and 5. 3 of this Agreement, and such other 4 . Agreements between the County and members of the LCCA, and interest earnings therefrom into said Trust Fund to be used exclusively for purposes expressed herein and further agreed to in the Plan. 6. 0 Indemnification Developer shall defend, indemnify, save, protect, and hold harmless the County and its officers and employees from any and all claims, costs and liability for any damages, injury, or death arising directly or indirectly from or connected with this agreement, including, but not limited to, claims arising from or connected with the Developer's implementation and management of the services provided hereunder, save and except claims or litigation arising through the sole negligence or sole willful misconduct of the County, and will make good to and reimburse the County for any expenditures, including reasonable attorneys fees the County may make by reason of such matters and, if requested by the County, will defend any such suits at the sole cost and expense of the Developer. 7. 0 Breach In the event the Developer or the County fails to perform any of its obligations hereunder, or otherwise breaches this Agreement, the County shall have the right to pursue all remedies provided by law or equity. 8 . 0 Heirs, Successors and Assigns This Agreement shall inure to the benefit of and bind the heirs, successors, executors, personal representatives, and assigns of the parties hereto. 9. 0 Assignment This Agreement shall be recorded with the Contra Costa County Recorder within 15 days of execution, and the burdens and ben its thereof shall run with the land. Assignment of the 5. Developer of his obligations under this Agreement, provided written notice of the Assignment is provided to the County within 15 days following transfer of the property. 10. 0 signatures These signatures attest the parties Agreement hereto: WALNuT c DRa/ 010AEW l COUNTY OF CONTRA COSTA, CALIFORNIA DEVELOP By: ��/L1 •5 By: Chair, Board of SupervisorsDesignate Official Capacity) TSvA)C-YO 5K( Sff/ill �t ATTEST: Phil Batchelor, By: County Clerk of the Board (Designate Official Capacity) Supervisors and County A inisOto By: Note to Contractor: D puty (1) If a corporation, designate official capacity Recomme ed by D r ent in business, execute acknowledgement from and By: affix corporation seal. vey E. B gdon, Direct o C ' unity elopment Form Ap roved: County Counsel By: y SRA 15/jb/treatcrs.ccm, 6. ALL-PURPOSE ACKNOWLEDGMENT No.5179 / State of Cttom.' 4.n t a CAPACITY CLAIMED BY SIGNER County Of (.AS Av1ojt tts ❑ INDIVIDUAL CORPORATE On �I 5(4`� before me, L'n d a CtiP.h• o�a•Y �Ubl�(/ OFFICER(S) DATE NAME,TITLE OF OFFICER-E.G.,'ANE DOE.NOTARY PUBLIC TITLE(S) ❑ PARTNER(S) ❑ LIMITED personally appeared �(su>1e'G°S�`` Sht m`21^ E] GENERAL NAMES)OF S4GNER(S) _ ❑ IN-FACT NEY- .personally known to me-OR-❑ proved to me on the basis of satisfactory evidence ATTOR ❑ ATTOR EY- to be the personW—whose nameK is/afe subscribed to the within instrument and ❑ GUARDIANICONSERVATOR acknowledged to me that hels�y ❑ OTHER: executed the same in hisA+efz,A;e;r authorized capacity(it-s-};and that by his/baMhek signature($)-6n the instrument LINDA CHEN Z the person(g, or the entity upon behalf of SIGNER IS REPRESENTING: COMM.#999977 Z NAME OF PEASON(S)OR ENTITY(fES) z :"� :; Notary Public—Ca{ifornio A which the person(}•acted, executed the LOS ANGELES COUNTY instrument. -,NGllyt"i C''PeK' vPf°1'• My Comm.Expires SEP 24.1997 Witnes x,ha icial seal. SIGNATLIRE OF NOTARY ATTENTION NOTARY:Although the information requested below is OPTIONAL,it could Prevent fraudulent attachment of this certificate to an unauthorized document. THIS CERTIFICATE Title or Type of Document W ld Owe, AgnrmeyIt MUST BE ATTACHED Number of Pages Date of Document J jl e iq� TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other than Named Above 01992 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91304-7184 0 E X H I B I T A Project Description and Capital Contribution Payment Schedule Project Description: Two 10 story office buildings with a total of 375, 000 square feet Capital Contribution Payment Schedule: Pay obligation of $205, 696 pursuant to schedule provided in Section 5 . 3 (a) and 5. 3 (b) herein. d SRA 15/jb/treatcrs.ccm 7.