HomeMy WebLinkAboutMINUTES - 06262013 - C.93RECOMMENDATION(S):
Acting as the Governing Board to the Successor Agency of the Contra Costa County Redevelopment Agency,
ADOPT Resolution 2013/107 authorizing the Successor Agency to execute a Payment Agreement with the East Bay
Regional Park District for constructing improvements at Lone Tree Point Regional Shoreline for an amount not to
exceed $500,000.
FISCAL IMPACT:
The Payment Agreement will be funded by property tax revenue to be allocated by the County Auditor Controller to
the Successor Agency from the Redevelopment Property Tax Trust Fund (RPTTF). Allocation of $500,000 for this
agreement is proposed for Fiscal Year 13/14. This allocation will reduce residual distributions from the RPTTF to
remaining taxing entities by an equivalent amount. The County of Contra Costa is one of these remaining taxing
entities.
BACKGROUND:
On May 8, 1990, the former Redevelopment Agency entered into an agreement (1990 Agreement) with East Bay
Regional Park District (EBRPD) to eliminate a potential fiscal burden created by establishing the Rodeo
Redevelopment Project Area located within the EBRPD boundaries.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 02/26/2013 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Steven Goetz,
925-674-7830
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: February 26, 2013
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 93
To:Successor to the Contra Costa County Redevelopment Agency
From:Steven L. Goetz, Conservation & Development
Date:February 26, 2013
Contra
Costa
County
Subject:Payment Agreement for Improvements to Lone Tree Point Regional Shoreline
BACKGROUND: (CONT'D)
The 1990 Agreement obligated the EBRPD and the Redevelopment Agency to negotiate a subsequent agreement
for payments of up to $500,000 to EBRPD by the Redevelopment Agency of tax increment revenue to assist in
paying the development and operation of recreational facilities and improvements for San Pablo Bay Shoreline.
On February 1, 2012, the Redevelopment Agency was dissolved pursuant to the Redevelopment Dissolution Act
that became law on June 28, 2011. The County Board of Supervisors, as Successor Agency to the former
Redevelopment Agency, is responsible for winding down the affairs of the former Redevelopment Agency. As
such, representatives of the Successor Agency and the EBRPD have negotiated a Payment Agreement for
improvements at the Lone Tree Point Regional Shoreline in Rodeo. This Payment Agreement is attached to
Resolution 2013/107.
The Payment Agreement is based on an evaluation of the needs of the EBRPD in the Rodeo area. Lone Tree Point
was acquired by EBRPD in the late 1980’s. Three properties form this 20-acre park on the Rodeo waterfront. The
site is bisected by the Union Pacific Railroad tracks. Two inboard parcels provide a grassy marine terrace and a
20-space parking lot. The 10-acre shoreline property contains a narrow piece of land west of the railroad tracks
with a spur of the Bay Trail extending to a beach and picnic area. Shoreline erosion is working its way toward the
trail. If nothing is done, EBRPD staff believes there will be no trail and very little park west of the railroad tracks.
EBRPD proposed three elements to the project: 1) shoreline protection improvements, 2) fence replacement, and
3) soil remediation. Photos of existing conditions are described in an attachment to this report.
Through the Payment Agreement, the Successor Agency agrees to pay EBRPD up to $500,000 for the
improvements. The EBRPD agrees to implement the project, which includes soil remediation work if funds are
available after completing the shoreline protection and fence replacement elements of the project. Payments to
EBRPD are made on a reimbursement basis. The Payment Agreement must be approved by the Oversight Board
of the Successor Agency. If approved by the Oversight Board, the State Department of Finance has five days to
challenge that action pursuant to the Dissolution Act. The Payment Agreement does not become effective until the
reviews by the Oversight Board and the State Department of Finance are successfully completed.
CONSEQUENCE OF NEGATIVE ACTION:
The shoreline protection improvements will not be constructed at this time. The shoreline will continue to erode
until funds are obtained to construct protective improvements.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
ATTACHMENTS
Resolution No. 2013/107
Exhibit A - Payment Agreement
Existing Conditions at Lone Tree Point
LONE TREE POINT CONTAINS A NARROW PIECE OF LAND WEST OF THE RAILROAD TRACKS WITH A SPUR OF THE BAY TRAIL EXTENDING TO A NICE BEACH AND PICNIC AREA.SHORELINE EROSION IS WORKING ITS WAY TOWARDS THE TRAIL. IF NOTHING IS DONE, THERE WILL SOON BE NO TRAIL AND VERY LITTLE PARK WEST OF THE RR TRACKS (20 years to reach trail?).
LOOKING NORTH FROM SOUTH END
LOOKING NORTH AT NORTH END OF PROJECT
LOOKING SOUTH AT SOUTH END OF PROJECT
Feence aalong Railroad TTracks s
320\04\1272021.1
COOPERATIVE PAYMENT AGREEMENT AMONG THE EAST BAY REGIONAL PARK
DISTRICT AND CONTRA COSTA COUNTY SUCCESSOR AGENCY FOR A SHORELINE
PROTECTION IMPROVEMENTS AT LONE TREE POINT REGIONAL SHORELINE
This Cooperative Payment Agreement, hereinafter referred to as “PAYMENT
AGREEMENT”, made and entered into on the _____day of _______, 2013, by and among the
East Bay Regional Park District, hereinafter referred to as "EBRPD" and the Contra Costa County
Successor Agency, a separate public entity serving as the successor to the former Contra Costa
County Redevelopment Agency (“Redevelopment Agency”) pursuant to Health and Safety Code
Section 34173, hereinafter referred to as "SUCCESSOR AGENCY”.
WITNESSETH
WHEREAS, EBRPD and Redevelopment Agency entered into an agreement dated the 8th
of May, 1990 to eliminate a potential fiscal burden created by establishing the Rodeo
Redevelopment Project Area located within the EBRPD boundaries, hereinafter referred to the
“1990 AGREEMENT”; and
WHEREAS, EBRPD and the Redevelopment Agency agreed that the Redevelopment
Agency and EBRPD would negotiate an agreement regarding payments of up to $500,000 to
EBRPD by the Redevelopment Agency of Tax Increment Revenue to assist in paying the
development and operation of recreational facilities and improvements for San Pablo Bay
Shoreline; and
WHEREAS, part of the 2011 California Budget Act the Legislature approved the dissolution
of the state’s redevelopment agencies; and
WHEREAS, the SUCCESSOR AGENCY has been assigned as the Successor Agency to
wind down the affairs of the former Redevelopment Agency; and
WHEREAS, the 1990 AGREEMENT constitutes an enforceable obligation as such term is
defined in Health and Safety Code Section 34171(d)(1)(E); and
WHEREAS, providing funds for improvements to the shoreline protection, replacement of
300 linear feet of cyclone fence and if funds allow remediation of shoreline soil at Lone Tree Point,
pursuant to the project map and budget attached as Exhibit “A”, hereinafter referred to as the
“PROJECT” implement the 1990 AGREEMENT; and
WHEREAS, the SUCCESSOR AGENCY is required to continue to make payments due for
enforceable obligations under Health and Safety Code Section 34177(a) and to perform obligations
required pursuant to any enforceable obligations under Health and Safety Code Section 34177(c);
and
Cooperative Payment Agreement
Lone Tree Point Shoreline Improvements
320\04\1272021.1 2 of 6
WHEREAS, EBRPD and SUCCESSOR AGENCY mutually desire to cooperate in
completing the PROJECT and to specify herein the terms and conditions under which the
PROJECT will be completed.
NOW, THEREFORE, it is mutually agreed as follows:
SECTION I
SUCCESSOR AGENCY AGREES:
(1) To process EBRPD’s reimbursement request for actual expenses related to the
PROJECT up to, but not to exceed, $500,000 for completion of the PROJECT, within 30 days of
receipt of a cost summary and an invoice from the EBRPD.
SECTION II
EBRPD AGREES:
(1) To implement the PROJECT, including but not limited to permit approvals,
engineering design, bid documents, inspection as required.
(2) To assure completion of shoreline protection and fence replacement elements of
the project, however soil remediation work will be limited to amount available after completion of
those elements.
SECTION III
IT IS MUTUALLY AGREED AS FOLLOWS:
(1) This PAYMENT AGREEMENT may be amended or canceled by mutual consent in
writing of the parties.
(2) EBRPD agrees to indemnify and hold harmless SUCCESSOR AGENCY, the
COUNTY OF CONTRA COSTA (“COUNTY”), its Board of Supervisors, officers, agents,
employees and assigns from and against any and all loss, damage, liability, claims, suits, costs and
expenses whatsoever, including reasonable attorneys’ fees, from and against any loss, damage,
liability, claims, suits, costs and expenses or other claim for damages based upon or otherwise
arising out of the performance of the terms of this PAYMENT AGREEMENT save and except for
those which are the result of the negligence and/or willful conduct of SUCCESSOR AGENCY, the
COUNTY, its Board of Supervisors, officers, agents, employees or assigns.
Cooperative Payment Agreement
Lone Tree Point Shoreline Improvements
320\04\1272021.1 3 of 6
(3) SUCCESSOR AGENCY agrees to indemnify and hold harmless EBRPD, its Board of
Directors, officers, agents, employees and assigns from and against any and all loss, damage,
liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys’ fees, from
and against any loss, damage, liability, claims, suits, costs and expenses or other claim for damages
based upon or otherwise arising out of the performance of the terms of this PAYMENT
AGREEMENT save and except for those which are the result of the negligence and/or willful
conduct of EBRPD, its Board of Directors, officers, agents, employees or assigns.
(4) Notices regarding this PAYMENT AGREEMENT shall be sent by first class mail,
postage prepaid, to EBRPD at General Manager, P. O. Box 5381, Oakland, CA 94605-0381, to
SUCCESSOR AGENCY c/o the COUNTY at Conservation and Development Department,
Deputy Director for Redevelopment, Conservation and Transportation Programs, 30 Muir Road,
Martinez, CA 94553.
(5) This PAYMENT AGREEMENT shall run through completion of the PROJECT,
unless otherwise terminated or amended except that the provisions of Section III, numbers 2 and
3 shall survive the completion of the PROJECT.
(6) This PAYMENT AGREEMENT contains the entire PAYMENT AGREEMENT
between the parties with regard to matters described in this PAYMENT AGREEMENT and
supersedes all prior agreements, whether written or oral, between the parties with respect to
such subject matter.
(7) This PAYMENT AGREEMENT shall take effect at the time and in the place
prescribed in Health and Safety Code Section 34177.5(f) and 34179(h).
(8) This PAYMENT AGREEMENT shall be interpreted and enforced under the laws of
the State of California.
(9) If any provision or provisions of this PAYMENT AGREEMENT shall be held to be
invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and
enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
IN WITNESS WHEREOF, the parties hereto have caused this PAYMENT AGREEMENT to
be executed by their respective officers, duly authorized as of the day, month, and year first
hereinabove written
Cooperative Payment Agreement
Lone Tree Point Shoreline Improvements
320\04\1272021.1 4 of 6
CONTRA COSTA COUNTY SUCCESSOR
AGENCY EAST BAY REGIONAL PARK DISTRICT
By______________________________ By______________________________
(Signature of Authorized Representative) (Signature of Authorized Representative)
_______________________________ Robert E. Doyle
(Print Name of Authorized Representative) (Print Name of Authorized Representative)
Title:____________________________ Title: General Manager
Date:____________________________ Date:____________________________
Cooperative Payment Agreement
Lone Tree Point Shoreline Improvements
320\04\1272021.1 5 of 6
EXHIBIT A - PROJECT BUDGET
PROJECT:Lone Tree Point Redevelopment Funds SHEET:1
SUBJECT:Preliminary Cost Estimate BY:JR
DATE:1/24/13
COST ESTIMATE WORKSHEET
ITEM
NO.QUANTITY UNITS UNIT TOTAL
1 MOBILIZATION AND DEMOBILIZATION 1 LS 6000.00 6,000
2
3 REMOVAL 1 LS 1000.00 1,000
4
5 CLEARING AND GRUBBING 6,000 SF 0.75 4,500
6
7 EARTHWORK EXCAVATION 190 CY 50.00 9,500
8
9 DISPOSAL OFF SITE 190 CY 28.00 5,320
10
11 AGGREGATE BASE ROCK CLASS 2 - TRAIL 240 TONS 33.00 7,920
12
13 AGGREGATE BASE ROCK CLASS 3 - RIPRAP 285 TONS 90.00 25,650
14
15 IMPORTED FILL 575 CY 23.00 13,225
16
17 RIPRAP HALF TON 2,500 TONS 90.00 225,000
18
19 FILTER FABRIC 10,500 SF 1.00 10,500
20
21 WOOD BENCH 2 EA 2000.00 4,000
22
23 ONE RAIL WOOD FENCE 48 LF 50.00 2,400
24
25 HYDROSEEDING 4,000 SF 0.30 1,200
26
27 CYCLONE FENCE REPAIR 300 LF 10.00 3,000
28
29
30
31 CONSTRUCTION SUBTOTAL 319,215
32 CONTINGENCY/SOIL REMEDIATION %23.00 72,444
33
34 CONSTRUCTION WITH CONTINGENCY 391,659
35
36 CONSTRUCTION MANAGEMENT %15.00 47,882
37 PERMITS %3.00 9,576
38 DESIGN %15.00 47,882
39 SURVEY SET BENCH MARK 1 LS 3000.00 3,000
40
41
42
43
44
45
46
47
48
49
50
SHEET TOTAL $500,000
COMMENTDESCRIPTION
EAST BAY REGIONAL PARK DISTRICT
2950 PERALTA OAKS COURT, OAKLAND, CA 94605
TEL (510) 635-0135 FAX (510) 382 0539
COST
Cooperative Payment Agreement
Lone Tree Point Shoreline Improvements
320\04\1272021.1 6 of 6
PROJECT MAP
Fence Replacement
Soil Remediation (Contingency)
Soil Remediation (Contingency)
Shoreline Protection