HomeMy WebLinkAboutMINUTES - 12211989 - 2.5B 2. 5B
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 89-19
SUBJECT: Authorization of Execution of Fiscal Agreement with
the East Bay Regional Park 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 East Bay Regional Park 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 proposes to construct two improvements in or
adjacent to the Project Area, the Canal Trail and Big Break
Park, (hereinafter the "Projects" ) , both of which will be of
benefit to Project Area residents and workers.
Pursuant to meetings and discussions between the Agency and the
District, the Agency has determined that participation of the
Agency in the Projects is an appropriate activity and 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 the
construction of the Projects in an amount not to exceed
$150,000.
The Agency desires to enter into the` Agreement in order to
insure that the Projects are constructed 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.
RA 89-19
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
East Bay Regional Park
District
County Counsel
County Administrator
SRA2/jb/EBRPD.res
1 hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Redevelopme gency on ha date shown.
ATTESTED: e P1-441 -12,1 � l G y-a
PHI BATCHELOR,Agency Secretary
a
By Deputy
i
RA 89-19
AGREEMENT TO ELIMINATE
POTENTIAL FISCAL BURDEN OR DETRIMENT
PURSUANT TO HEALTH AND SAFETY CODE SECTION 33401
THIS AGREEMENT (the "Agreement" ) is made and entered into
this day of , 1989, by and between the
REDEVELOPMENT AGENCY OF THE COUNTY OF CONTRA COSTA (the
"Agency" ) and the EAST BAY REGIONAL PARK 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. M
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i
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AGENCY AND DISTRICT DO HEREBY AGREE AS FOLLOWS:
Section 1. The District intends to develop Big Break Park
and the Canal Trail. The Agency hereby agrees to assist the
District with the costs of such improvements in the amount of
one hundred fifty thousand dollars ($150 ,000) .
The Agency and the District agree that within three ( 3 )
years of the date of adoption of the Redevelopment Plan, the
Agency and the District will negotiate an agreement regarding
payments to the District by Agency of Tax Increment Revenue to
assist in paying for improvements to the Big Break Park and the
Canal Trail; however, in no event shall the Agency' s obligation
to the District exceed $150,000 unless agreed to in writing by
Agency.
The Agency' s obligation to the District shall commence at the
time the improvements are undertaken by the District or such
time as is negotiated in the agreement. The Agency' s obligation
to the District with park improvements will be limited to the
amount of Tax Increment Revenue received by the. Agency which is
in excess of the amount needed to complete the items shown on
the Agency' s then-current five-year budget, which budget must be
adopted prior to the commencement date of the fiscal year for
which the District requests assistance pursuant to this
Agreement. In the event that the Agency is unable to provide
Tax Increment Revenue to the District at the time the District
begins construction of the park improvements due to the
unavailability of excess Tax Increment Revenue, the Agency and
the District will "enter into a reimbursement agreement whereby
the Agency will agree to reimburse the District for the costs
specified in Section 1. Said reimbursement agreement shall
allow for the payment of interest by the Agency at the lower of
the following rates: ( i) the rate paid by the State of
California Local Agency Investment Fund; or (ii) the highest
rate permitted by law.
Section 2. The obligation of the Agency to make payments
pursuant to Section l 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.
E
Section 3 . 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 4. 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 5. 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 which invalidates
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 6. 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 7 . This Agreement constitutes the entire agreement
of the parties with respect to the subjects covered herein.
Section 8. Should dispute arise between parties under this
Agreement which results in the filing of litigation, the
prevailing party in the action shall be entitled to reasonable
attorney fees.
• i
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IN WITNESS WHEREOF, the Agency and the District has
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: East Bay Regional Park District
By:
GR16/jb/oakfis.agr
"A"
BEY WC09M P143=
Boundary Description
A portion of Sections 22 thru 27 and 36, T2N, R2E, and a portion of
Sections 30 & 31, T2N, R3E, Motet 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 County.
Beginning at southwest corner of Section 22, T2N, R2E at the centerline
intersection of Oakley Road and Neroly Read; 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) ; thence 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 Topeka and Santa Fe Railroad Conparry 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
Conservation District recorded December 31, 1965 in Volume 5012 at page 341;
thence along the west line of Marsh Creek right of way (as described in
Volume 5012 at page 341 and 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;
thence along said south line, south 89054' west 481.58 feet, to the east
line of Almond Avenue; thence along said east line in a general southerly
direction 3,400 feet, more or less, to the south line of Gilda Mae Nur lly
parcel 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 89029123" 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 LSM 43) , West 215.7
feet and north 00028130" east 9.85 feet, to the northeast corner of Sub-
division NLS 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 parcel recorded March 29, 1963 in Volume 4333 at page 652; thence
,
p ly 712>PI'ICK
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;
thence 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 line 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
0005215811 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 Rcmiti 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. McLain parcel recorded April 16, 1965 in Volume 4848
at page 393; thence along said south line, 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 Lit 85, north
89006122" west 200.01 feet and north 00053126" east 100 feet, to the south
line 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 8900710611
west 100 feet, north 00052110" east 201 feet, north 89007106" west 403.6
feet, and south 00053151" 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
2
EzzuUMun
88058139" west 169.76 feet, southwesterly 31.46 feet along the arc of a
curve =zzve to the southeast with a radius of 20 feet, and south 00053110"
west 179.68-feet, to the scuthwest corner of Tract 4766; thence crossing
Teakwood Drive, north 89009135" west 60 feet, to the northeast corner of Tot
1, Tract 3932; thence along the boundary of Tract 3932, North 89009135" 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 'fi-led 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 Road; 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, R2E; thence along said west line,
northerly 30 feet, to the southwest corner of Section 22, the Point of
Beginning.
EXC'IDDDn I:
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.
IH:drg
wo5561.legal
December 22, 1989
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