HomeMy WebLinkAboutMINUTES - 12211989 - 2.5A 2. 5A
THE REDEVELOPMENT AGENCY OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this order on December 21, 1989 by the following vote:
AYES: Supervisors Fanden, Schroder, McPeak and Torlakson
NOES: None
ABSENT: Supervisor Powers.
ABSTAIN: None.
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RESOLUTION NO. RA 89-18
SUBJECT: Authorization of Execution of Fiscal Agreement with
the Contra Costa Mosquito Abatement District and
Making Certain Required Findings in Connection with
Such Agreement.
The Contra Costa County Redevelopment Agency RESOLVES THAT:
The Contra Costa County Redevelopment Agency (hereinafter the
"Agency" ) has prepared, for consideration for adoption by the
Contra Costa County Board of Supervisors (hereinafter the
"Board" ) , a Redevelopment Plan for the Oakley Redevelopment
Project (hereinafter the "Plan" ) .
The Plan calls for the division and allocation of tax increment
revenue to the Agency pursuant to Health and Safety Code
Section 33670.
The Contra Costa Mosquito Abatement District (hereinafter the
"District" ) is an "affected taxing entity" within the meaning
of Health and Safety Code Section 33353 . 2 in that the District
levies a property tax upon property located within the Oakley
Redevelopment Project Area (hereinafter the "Project Area" ) .
The District needs to relocate its East Contra Costa County
service facility (hereinafter the "District' s Project" ) which
provides District-related service to Project Area residents and
workers.
Pursuant to meetings and discussions between the Agency and the
District, the Agency has determined that the participation of
the Agency in the District' s Project is an appropriate activity
and implementation of the District' s Project would benefit
Project Area residents and workers, and that said participation
is necessary to alleviate the burden or detriment caused to the
District by the Plan
Based on the foregoing and on the information and analysis
contained in Parts IX - XI of the Report on the Redevelopment
Plan for the Oakley Redevelopment Project prepared by the
Agency and submitted to the Board pursuant to Health and Safety
Code Section 33352, it is reasonable to conclude that
implementation of the Project and the, method of tax increment
financing set forth in the Plan will cause a significant
financial burden or detriment to the District unless
appropriate mitigation measures are taken.
Health and Safety Code Section 33401 and Part VII of the Plan
authorize the Agency to make payments to any taxing agency
necessary to alleviate a significant financial burden or
detriment. Agency staff has prepared a fiscal agreement
(hereinafter "Agreement" ) with the District, which is attached
hereto as Exhibit A and by this reference incorporated herein.
The Agreement calls for the Agency to participate in District' s
Project in the amount of $100,000. If Agency is unable to
directly participate, Agency is to commence to pass-through to
District a portion of District' s Share as specified in the
Agreement.
RA 89-18
The Agency desires to enter into the Agreement in order to
insure that District' s Project is implemented so as to be of
benefit to Project Area residents and workers and to alleviate
the significant financial burden or detriment that would
otherwise be incurred by the District due to the implementation
of the Project and the Plan.
NOW, THEREFORE, BE IT RESOLVED that based on the information
set forth above and in the Report on the Plan, and on
information presented to the Board on the Plan, the Agency
hereby finds that implementation of the Project and the Plan
will cause a significant financial burden or detriment to the
District in the absence of appropriate mitigation measures, and
that the payments contemplated by the Agreement are necessary
to alleviate the financial burden or detriment.
BE IT FURTHER RESOLVED that the Agency hereby approves the
Agreement in substantially the form attached hereto as Exhibit
A and the payments contemplated by the Agreement, and
authorizes and directs the Executive Director to execute the
Agreement on behalf of the Agency.
cc: Redevelopment Agency
Contra Costa Mosquito Abatement
District
County Counsel
County Administrator
SRA2/jb/mosgabtm.res
1 hereby certify that this is a true and correct copy of
on.action taken and entered on the minutes of the
Reftvelopmei gency on the date shown.
ATTESTED: ,U-�Mo cam,1910 1 U11
11
PHI BATCHELOR,Agency Secretary
0
By P4,AXf Deputy
RA 89-18
AGREEMENT TO ELIMINATE POTENTIAL
FISCAL BURDEN OR DETRIMENT
PURSUANT TO HEALTH AND SAFETY CODE SECTION 33401
THIS AGREEMENT (the "Agreement" ) is made an entered into this
day of , 1989, by and between the
REDEVELOPMENT AGENCY OF THE COUNTY OF CONTRA COSTA (the
"Agency" ) and the CONTRA COSTA MOSQUITO ABATEMENT DISTRICT (the
"District" ) .
RECITALS
Each of the parties enters this Agreement in awareness of the
following facts:
(a) The. Agency is in the process of preparing a redevelopment
plan (the "Plan" ) for the redevelopment of an area within the
unincorporated portion of Contra Costa County, pursuant to the
California Community Redevelopment Law set forth in Section
33000 and following of the Health and Safety Code. The area has
been designated as the Oakley Redevelopment Project Area (the
"Project Area" ) and is described in the attached Exhibit A. The
redevelopment project has been designated as the Oakley
Redevelopment Project (the "Project" ) .
(b) The Plan provides for "tax increment financing" in that ad
valorem taxes levied on the taxable property within the Project
Area are to be allocated pursuant to California Constitution
Article XVI , Section 16 and Health and Safety Code Section
33670.
(c) The District is a taxing agency with territory located
within the Project Area. Upon adoption of the Plan by ordinance
of the Board of Supervisors of Contra Costa County, the
territory of the District within the Project Area will be
subject to the tax increment financing provisions of the Plan.
(d) Meetings have been held by the parties at which the
District has expressed concern over the fiscal impact of the
Plan and the burden or detriment it anticipates experiencing
because of the allocation of tax increment monies to implement
the Plan.
(e) Health and Safety Code Section 33401(b) provides that the
Agency may pay to any affected taxing agency an amount of money
which in the Agency' s determination is necessary to alleviate
any financial burden or detriment caused to any taxing agency by
the Plan.
(f) The Agency has determined that payments of tax increment
revenue to the District as set forth below are necessary to
alleviate the burden and detriment caused to the District by the
Plan.
(g) In consideration of this Agreement setting forth the
obligations, of the Agency, the District is foregoing the right
to contest the establishment of the Plan and the Project Area
for the Project.
Agency and District do hereby agree as follows:
Section 1. Definitions:
(a) "Tax Increment Revenue" means the property tax
revenue allocated to and received by the agency pursuant
to Health and Safety Code Section 33670(b) and Part VII(c)
of the Redevelopment Plan attributable to increases in the
assessed. value of the property within the Project Area as
shown on the 1989-90 assessment roll.
(b) "District' s Share" means the proportionate amount of
Tax Increment Revenue that the District would have
received if there were no provision in the Redevelopment
Plan for the allocation of Tax Increment Revenue to the
Agency. At the time of this Agreement, the District' s
Share is 2%.
Section 2. The District intends to relocate the District' s .
Facility and will consider a site within the boundaries of the
Project. The Agency hereby agrees to assist the District with
the costs of site acquisition or on-site or off-site infra-
structure improvements or a combination of both, in the amount
of one hundred thousand dollars ( $100,000) .
Section 3 : The Agency and District agree that the obligation
of the Agency pursuant to Section 2 shall be in effect for a
period of 5" years following adoption of the Redevelopment Plan,
or December 31, 1994. Commencing in the first tax year after
December 31 , 1994 and continuing throughout the life of the
Project, the Agency shall pay to the District a portion of the
District' s share received by the Agency as follows.
(a) If the Agency assistance pursuant to Section 2 was
less than $10,001, 1000 of District' s share;
(b) If the Agency assistance pursuant to Section 2 was
less than $25,001, but greater than $10, 000, 750 of
District' s share;
(c) If the Agency assistance pursuant to Section 2 was
less than $75,001, but greater than $25 ,000, 50% of
District' s share;
(d) If the Agency assistance pursuant to Section 2 was
less than $90, 001, but greater than $75 ,000, 25% of
District' s share;
(e) If the Agency_ assistance pursuant to Section 2 was
greater than $90, 000 , 0% of District' s share.
Section 4 . The obligation of the Agency to make payments
pursuant to Section 3 of this Agreement shall be subordinate to
the Agency' s obligation to make payments of principal, interest
or other amounts on or in connection with bonds, notes or other
indebtedness issued by the Agency (other than obligations of the
Agency to repay loans from the County) to finance the
implementation of the Redevelopment Plan. An Agency obligation
to make payments, pursuant to a reimbursement agreement or
similar agreement, to reimburse or otherwise compensate a person
or entity who has or is obligated to make payments of
principal, interest or other amounts on bonds, notes or other
indebtedness issued by the Agency to finance the implementation
of the Redevelopment Plan shall be deemed to be an obligation
in connection with such bonds, notes or other indebtedness for
purposes of this Agreement.
Section 5. Notwithstanding any other provision in this
Agreement, no payments shall be made to the District by the
Agency:
(a) Which would exceed the amount, annually, that the
District would have otherwise received from property
taxes from the Project Area had the Redevelopment Plan not
been adopted; or
(b) The receipt of which would cause the District to
violate its expenditure limitations under Article XIII-B
of the California Construction; or
(c) Which would be contrary to the provisions of Section
33401 of the Community Redevelopment Law or violate any
other provision of the Community Redevelopment Law or the
laws of the State of California.
Any excess amounts under subsections (a) , (b) or (c) above
shall be retained by the Agency for distribution, in the Agency' s
sole discretion, to other taxing entities or for the purposes of
paying indebtedness incurred by the Agency in carrying out the
Project.
Section 6. This Agreement shall constitute an indebtedness of
the Agency incurred in carrying out the Project and a pledging
of tax increments from the Project to repay such indebtedness
under the provisions of Article XVI, Section 16 of the
California Constitution and Sections 33670-33677 of the Health
and Safety Code and to alleviate any financial burden or
detriment as permitted by Section 33401 of the Health and Safety
Code.
Section 7 . The District acknowledges and agrees that the
obligations to be undertaken by the Agency pursuant to this
Agreement will effectively eliminate any potential financial
burden or detriment to the District that would otherwise
be caused by the adoption of the Redevelopment Plan. In
consideration of this Agreement setting forth the obligations
of the Agency, the District is withdrawing any opposition to
and foregoing any right to contest the establishment of the
Redevelopment Plan for the Project, including but not limited
to, instituting or joining in litigation; and the Agency
recognizes this as good and legal consideration.
Section 8. This Agreement shall be effective as of the date
that the ordinance enacted by the Board of Supervisors of the
County of Contra Costa adopting the Redevelopment Plan (the
"Ordinance" ) for the Project becomes effective and shall
terminate upon the earlier of (a) the expiration of the
Redevelopment Plan, or (b) the filing of an action in a court
of competent jurisdiction by any person or entity challenging
the adoption of the Redevelopment Plan or any of the
proceedings in connection therewith. Following termination,
none of the parties shall have any further rights or
obligations under this Agreement. .
Section 9. In the event litigation is initiated attacking the
validity of this Agreement, each party shall in good faith
defend and seek to uphold the Agreement.
Section 10 . This Agreement constitutes the entire agreement of
the parties with respect to the subjects covered herein.
IN WITNESS WHEREOF, the Agency and the District have
executed this Agreement as of the date first above written.
Attest: REDEVELOPMENT AGENCY OF
CONTRA COSTA COUNTY
By:
Agency Secretary
Approved as to Form:
Agency Counsel
Attest: CONTRA COSTA MOSQUITO
ABATEMENT DISTRICT
By:
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EXH= "A"
BEY 9MCEPMENr P1UTEC,r
Boundary Description
A portion of Sections 22 thru 27 and 36, T2N, R2E, and a portion of
Sections 30 & 31, T2N, R3E, Mount Diablo Base and Meridian, situated in the
unincorporated area of Contra Costa County, California and described as
follows:
Reference to maps, documents, boundary lines, arra ownerships are to Official
Records of said Comty.
Beginning at southwest corner of Section 22, T2N, R2E at the centerline
intersection of Oakley Read and Neroly Road; thence along the west line of
Section 22, northerly 3,100 feet, more or less, to the westerly prolongation
of the north line of Maurice and Geneva Lodge parcel recorded February 14,
1984 in Volume 11654 at page 20; thence along said prolongation, north
89 24' east 30 feet, to the northwest corner of said Lodge parcel (11654
O.R. 20) ; theme along the boundary of said Lodge parcel, north 89024' east
625 feet and south 00013' west 430 feet, to the north line of State Highway;
thence along said north line, easterly 4,300 feet, more or less, to the
northeasterly line of Atchison Toped and Santa Fe Railroad C pany right of
way; thence along said northeasterly line in a general southeasterly
direction 12,300 feet, more or less, to the west line of Marsh Creek right
of way described in PARCEL 1 to Contra Costa County Flood Control and Water
Conse.rvati.on District recorded December 31, 1965 in Volume 5012 at page 341;
thence along the west line of Marsh Creek riot of way (as described in
Volume 5012 at page 341 arra continued in Volume 4678 at page 485) in a
general southerly direction 2,000 feet, more or less, to the south Line of
PARCEL "D" filed May 27, 1965 in Licensed Surveyor's Map Book 34 at page 40;
their along said south line, south 89054' west 481.58 feet, to the east
line of A1mcnd Avenue; thence along said east line in a general southerly
direction .3,400 feet, more or less, to the south line of Gilda Mae Nunnally
parol recorded March 24, 1960 in Volume 3583 at page 254; thence along said
south line, east 1,292.49 feet, to the west line of Subdivision MS 18-81
filed January 12, 1982 in Parcel Map Book 99, at page 21; thence along said
west line, South 00042105" west 670.87 feet, to the northwest corner of
Subdivision MS 63-77 filed August 1, 1978 in Parcel Map Book 68 at page 25;
thence along the boundary of MS 63-77, south 00046111" west 652.57 feet and
south 8902912311 east 1,322.24 feet, to the northeast corner of PARCEL "C"
filed May 31, 1966 in Licensed Surveyor's Map Book 42 at page 43; thence
along the boundary of PARCEL "C", south 00012' west 505.62 feet and west
228.82 feet; thence along the boundary of PARCEL "B" (42 ISN! 43) , West 215.7
feet and north 00028130" east 9.85 feet, to the northeast corner of Sub-
division MS 101-70 filed April 21, 1971 in Parcel Map Book 16 at page 20;
thence along the north line of MS 101-70, south 89023145" west 2,171.08
feet, to the east line of Almond Avenue; thence crossing Almond Avenue,
westerly 53 feet, more or less, to the southeast corner of Lawrence and
Lillian P. Smith parcel recorded August 7, 1967 in Volume 5426 at page 159;
thence along the south line of said Smith parcel and along the prolongation
thereof, west 1,565.6 feet, to the southwest corner of Melvin H. and Bobbie
Jo Treat panel recorded March 29, 1963 in Volume 4333 at page 652; thence
ply TIM '1'ION
along the west line of said Treat parcel and along the prolongation thereof,
north 512.64 feet, to the northwest corner of subdivision MS 14-85 filed
october 21, 1985 in Parcel Map Book 119 at page 8; thence along the north
line of MS 14-85 and along the prolongation thereof, south 89028122" east
1,558 feet, to the west line of Almond Avenue; thence along said west line
in a general northerly direction 5,000 feet, more or less, to the south line
of PARCEL "A" Tract 6356 filed September 14, 1983 in Map Book 273 at page 3;
theme along the south line and west line of said PARCEL "A", westerly and
northerly a total of 1,624.61 feet, to the south line of West Cypress Road;
thence- along said south line in a general westerly direction 6,000 feet,
more or less, to the southerly prolongation of the west line of Tract 2238
filed March 29, 1961 in Map Book 82 at page 3; thence along said prolonga-
tion and west line, north 00053145" east 165 feet, to the north line of
Tract 2238; thence along said north line and along the prolongation thereof,
south 89014155" east 1,047.81 feet, to the northeast corner of Lenny T. and
Joanne L. Byer parcel recorded February 8, 1966 in Volume 5053 at page 81;
thence along the prolongation of the east lisle of said Byer parcel, north
264.96 feet, to the south line of Tract 3853 filed June 30, 1969 in Map Book
126 at page 48; thence along said south line, north 89014130" west 30 feet,
more or less, to the most southeasterly corner of Tract 6865 filed November
17, 1987 in Map book 318 at page 10; thence along the boundary of Tract
6865, north 00053157" east 253.74 feet, north 89007102" west 482.25 feet,
north 00053157" east 1,446.97 feet, south 89007102" east 482.25 feet, north
00053157" east 156 feet, north 89007102" west 723.76 feet, and south
00052158" west 1,858.32 feet, to the southwest corner of Tract 6865, being
also the southeast corner of Albert Rcmiti parcel recorded July 29, 1987 in
Volume 13804 at page 66; thence north 89014144" west 282.61 feet to the
southwest corner of said Rc iti. parcel; thence along the west line thereof
and its prolongation, north 00052115" east 979.92 feet, to the south line of
Daniel D. and Bonnie V. min parcel recorded April 16, 1965 in Volume 4848
at page 393; thence along said south lisle, west 16.5 feet, to the east line
of Tract 5500 filed November 12, 1980 in Map Book 247 at page 28; thence
along said east line, north 00053138" east 951.71 feet, to the southeast
corner of Lot 85 (247 M 28) ; thence along the boundary of Lot 85, north
89006122" west 200.01 feet and north 00053126" east 100 feet, to the south
lisle of Lot 83 (247 M 28) ; thence north 89006134" west 60 feet to the south-
east corner of PARCEL "A" (247 M 28) ; thence south 78000143" west 325 feet,
more or less, to the southwest corner of Lot 77 (247 M 28) ; thence crossing
Gardenia Avenue, westerly 65 feet, more or less, to the northeast corner of
Lot 76 (247 M 28) ; thence north 89007141" west 353.34 feet to the northwest
corner of Lot 71 (247 M 28) being a point on the east line of Tract 6055
filed September 6, 1981 in Map Book 257 at page 38; thence along the
boundary of Tract 6055, north 00052110" east 29.55 feet, north 89007106"
west 100 feet, north 00052110" east 201 feet, north 89007106" west 403.6
feet, and south 0005315111 west 200 feet, to the northeast corner of Tract
3932 filed June 26, 1972 in Map book 147 at page 38; thence along the north
line of Tract 3932, north 89009135" west 170 feet, to the southeast corner
of Tract 4766 filed June 17, 1981 in Map Book 253 at page 39; thence along
the boundary of Tract 4766, north 00050106" east 199.13 feet, north
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il.
OA= ?ECOFIIERr DTIC K
88058139" west 169.76 feet, southwesterly 31.46 feet along the arc. of a
curve concave to the southeast with a radius of 20 feet, and south 00053110"
west 179.68-feet, to the southwest corner of Tract 4766; thence crossing
Teakwood Drive, north 89009135" west 60 feet, to the northeast corner of Lot
1, Tract 3932; thence along the boundary of Tract 3932, North 89009-35" west
200 feet, and north 00053110" east 5 feet, north 89009135" west 200 feet,
and south 00053110" west 648.52 feet, to northeast corner of Tract 6010
filed January 10, 1983 in Map Book 267 at page 50; thence along the north
line of Tract 6010, north 89003158" west 479.12 feet, to the northeast
corner of Tract 4617 filed August 31, 1977 in Map Book 202 at page 9; thence
along the north line of Tract 4617, north 89003158" west 154.96 feet, south
60026156" west 136.34 feet, and south 86014126" west 530.77 feet, to the
east line of Empire Avenue; thence south 86014126" west 56 feet, more or
less, to the west line. of Empire Avenue; thence along said west line, north
1,000 feet, more or less, to the south line of Oakley Read; thence along
said south line, west 5,255 feet, more or less, to the centerline of Neroly
Road on the west line of Section 27, T2N, ME; thence along said west line,
northerly 30 feet, to the sow corner of Section 22, the Point of
Beginning.
IDDE ' H:
Tract 4454 (Eagle Park No. 1) filed in map book 195 at page 47; Tract 5674
(Walnut Estates) filed in Map book 251 at page 4, and all except Lot 134 of
Tract 6634 (Oakley Ranch) filed in Map Book 306 at page 23.
Containing 916 acres of land, more or less.
LH:drg
wo5561.legal
December 22, 1989
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