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HomeMy WebLinkAboutMINUTES - 12142010 - C.13RECOMMENDATION(S): ADOPT Resolution No. 2010/596 accepting Deferred Improvement Agreement as Satisfied, for LP 95-02099, Pleasant Hill (Contra Costa Centre) area. FISCAL IMPACT: No Fiscal Impact. BACKGROUND: The Contra Costa Centre Area Specific Plan (previously cited as the Pleasant Hill BART Station Area Specific Plan) adopted by the Board of Supervisors in 1983 included a pedestrian bridge at Treat Blvd near Oak Road. The Oak/Treat pedestrian overcrossing would have connected Area 12 (the BART Property) with Area 15 (the development site that includes Renaissance/Club Sport and Urban West Business Park). When the County approved the development projects on Area 15 it included Conditions of Approval for the property developers to contribute to the construction of the Oak/Treat pedestrian overcrossing. On February 26, 2002 (Resolution No. 2002/102), the County and the two Property Owners in Area 15 entered into a Deferred Improvement Agreement that obligated the Property Owners to participate in the construction of the Oak/Treat overcrossing if APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/14/2010 APPROVED AS RECOMMENDED OTHER Clerks Notes:DISTRICT IV - SEAT VACANT 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: J. LaRocque, 313-2315 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: EMY L. SHARP, Deputy cc: C. Lau, Transportation, N. Leary, Design , J. Kennedy, DCD, M. Sinz, Eng. Services C. 13 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:December 14, 2010 Contra Costa County Subject:Accepting Deferred Improvement Agreement as Satisfied for LP 95-02099, Pleasant Hill (Contra Costa Centre) area pursued. BACKGROUND: (CONT'D) In 1998 the Board of Supervisors adopted amendments to the Specific Plan that included, among other things, a pedestrian and bicycle Overcrossing of Treat Blvd. at Jones Road, one block east of the Oak Road/Treat Blvd. intersection. This second pedestrian/bicycle overcrossing, which aligns with the Iron Horse Trail, was a request of the East Bay Regional Park District, the local community, and bicycle and trail interests. Beginning in 2000 the Redevelopment Agency began a public process to determine the design for the Iron Horse Trail Overcrossing. In 2001 the Agency conducted the BART property design charrette. Both community design programs called into question the need and appropriateness for two pedestrian overcrossings within a block of each other. After study and public comment the Board of Supervisors, on December 14, 2004, declared their intent to remove the Oak/Treat overcrossing from the Specific Plan subject to the construction of the Iron Horse Trail Overcrossing being assured. On May 12, 2009 the Board of Supervisors awarded a construction contract for the Iron Horse Trail Overcrossing. On May 19, 2009 the Board of Supervisors adopted an amendment to the Contra Costa Centre Area Specific Plan to remove the Oak/Treat pedestrian overcrossing as a plan element. With the Iron Horse Trail Overcrossing—the Robert I. Schroder Pedestrian and Bicycle Overcrossing—now complete, and the Oak/Treat Overcrossing having been removed as a program element of the Specific Plan the Property Owners in Area 15 have requested that the Deferred Improvement Agreement be exonerated. This is appropriate for the following reasons: • The facility which is the subject of the Deferred Improvement Agreement is no longer in adopted County plans; • The Property Owners provided right-of-way associated with the construction of the Iron Horse Trail Overcrossing in two different locations: 1) Jones Road to accommodate a realignment of Jones Road; and 2) Oak Road to accommodate a new right turn lane at Treat and Oak to replace a right turn lane that was being eliminated to accommodate the Iron Horse Trail Overcrossing on the Jones Road alignment. • The Deferred Improvement Agreement is an encumbrance on title for the Property Owners that needs to be cleaned up to permit efficient business activities to proceed. CONSEQUENCE OF NEGATIVE ACTION: The Deferred Improvement Agreement will not be exonerated. CHILDREN'S IMPACT STATEMENT: Not Applicable. ATTACHMENTS Resolution No. 2010/596 Resolution No. 2010/596 Jim Kennedy Memo Parcel Map