HomeMy WebLinkAboutMINUTES - 12211989 - 2.5D 2. 5D
THE REDEVELOPMENT AGENCY OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this order on December 21, 19.89 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 89-21
SUBJECT: Authorization of Execution of Fiscal Agreement with
the Riverview Fire Protection 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 Riverview Fire Protection 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" ) .
Pursuant to meetings and discussions between the Agency and the
District, the Agency has determined that the payment of tax
increment revenue to the District as set forth below is
necessary to alleviate the burden and- detriment caused to the
Fire 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 appro-
priate' 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 pay to the District one
hundred percent ( 1000) of the District' s share of tax increment
which would have been received by the District if all of the
property tax revenues from the Project Area had been allocated
to all the affected taxing agencies without regard - to the
division of taxes pursuant to Health and Safety Code Section
33670 .
RA 89-21 '
The Agency desires to enter into the Agreement in order 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
Riverview Fire Protection
District
County Counsel
County Administrator
SRA2/jb/rivrview.res I hereby certity that this is a true and corred copy of
an aWon taken and entered on the minutes of ft
R gencyo the date shown.
ArmsTED:
PH BATCHE OR,Agency se"etsry
RA 89-21
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AGREEMENT CONCERNING TAX INCREMENT FROM
OAKLEY REDEVELOPMENT PROJECT AREA
This is an Agreement between the Contra Costa County Redevelopment Agency (the
"Agency") , and the Riverview Fire Protection District (the "Fire District") ,
executed as of this L day of December, 1989.
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 Fire 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 Fire 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 Fire 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
Fire District as set forth below are necessary to alleviate the burden and
detriment caused to the Fire District by the Plan.
(g) In consideration of this Agreement setting forth the obligations of the
Agency, the Fire District is foregoing the right to contest the establishment of
the Plan and the Project Area for the Project.
NOW, THEREFORE, the parties do agree as follows:
Section 1. Payments to the Fire District.
(1) This Section 1 shall apply only with respect to the portion of the taxes
levied each year upon taxable property in the Project Area which otherwise would
be 'allocated and paid entirely to the Agency pursuant to Health and Safety Code
Section 33670 (the "Tax Increment") and more particularly with respect to the
portions of such Tax Increment. that but for the provision for tax increment
financing in the Plan would have been allocated and paid to the Fire District
(such portion hereinafter sometimes referred to as the "Fire District Share") .
(b) One hundred percent (100%) of the Fire District Share of the Tax Increment
from the Project Area shall be paid to the Fire District each year pursuant to
the terms of this Agreement.
(c) The Agency agrees that it will claim the amounts it is obligated to pay to
the Fire District pursuant to this Section 1 on its Statement of Indebtedness
filed with the County Auditor-Controller pursuant to Health and Safety Code
Section 33675. To facilitate administration of payments pursuant to this
Agreement, the Agency and the Fire District agree that in lieu of the County
Auditor-Controller. making payments to the Agency pursuant to Health and -Safety
Code Section 33670 and the Agency then making payments pursuant to this
Agreement to the Fire District, the County Auditor-Controller may withhold from
the amount to be paid to the Agency pursuant to Health and Safety Code Section
33670 the amounts to be paid to the Fire District pursuant to this Agreement and
pay such amounts to the Fire District directly. At the request of the Agency,
the County Auditor shall send to the Agency the supporting information and
calculations used .to determine the amounts paid to the Fire District.
Section 2. Subordination.
(a) The Agency may request the Fire District to subordinate its rights to
payment under this Agreement to allow the Agency to pledge all or any portion of
the tax increment revenue otherwise payable to the Fire District under this
Agreement in order to secure repayment of Agency long-term bonded indebtedness
incurred for the Project. For the purposes of this Agreement, "long-term" shall
mean in excess of five years. The Fire District agrees to comply with such
requests to subordinate and to execute all documents necessary to effectuate
such subordination, provided that the Agency first demonstrates, to the
reasonable satisfaction of the Fire District, the Agency's anticipated ability
to repay such indebtedness incurred for the Project without demand being made on
the payment due the Fire District under the terms of this Agreement. Such
demonstration by Agency shall show that the subordinate funds will be used in
the cash-flow of the financing only for additional security (debt service
coverage) and that Agency tax increment funds will be adequate, over the term of
the bonds, to pay 100% of actual debt service on the bonds, to pay the Agency' s
obligations under this Agreement, and to pay any other obligations of the Agency
whether statutory or contractual which are or would be superior to the Agency' s
obligations under this Agreement. Any such demonstration shall include, without
limitation, -revenue forecasts and debt service schedules.
(b) In the event that, .as a result of the provisions of this Section 2, the
payments to the Fire District are reduced below the amount otherwise payable to
it pursuant to this Agreement, then such reductions shall be treated as an
advance by the Fire District which shall be repaid by the Agency. The unpaid
principal balance thereof shall bear interest at a rate agreed upon by the
Agency and the Fire District at the time the bonds to which the subordination
s
applies are sold. The advances and accrued interest shall be repaid as promptly
as possible, and in any event Agency shall use all tax increment available to it
to repay such advances and accrued interest, after payment of principal and
interest on the bonds to which the subordination applies and payment of any
other obligations which are superior to the Agency's obligations under this
Agreement (such as the Health and Safety Code Section 33334.2 Housing Set Aside
requirement) .
Section 3. Increases in Share.
(a) The parties recognize that the pro rata amount of the Tax Increment that
the Fire District would have received if there were no provision in the Plan for
the allocation of the Tax Increment to the Agency could be increased by
amendment to existing State law. Therefore, it is agreed that, in the event the
Agency desires to incur long-term bonded indebtedness to be secured by Tax
Increment revenues, the Agency may project its Tax Increment revenues and incur
such long-term bonded indebtedness based upon the pro rata amount payable to the
Fire District pursuant to this Agreement based upon State law in existence at
the time such long-term indebtedness is incurred.
(b) In the event State law is amended after the Agency has incurred such
long-term indebtedness, increasing the pro rata amount of the Tax Increment that
would be payable to the Fire District in accordance with this Agreement, then
such additional amounts of the Fire District Share of the Tax Increment shall be
payable to the Fire District in accordance with this Agreement unless the Agency
needs such additional amounts to avoid a default or condition of default on such
long-term bonded indebtedness or to discharge its statutorily created
obligations (such as the Health and Safety Code Section 33334.2 Housing Set
Aside requirement) . The Agency's obligation to pay such additional amounts to
the Fire District shall be subordinate to the Agency's obligation to pay debt
service on its long-term bonded indebtedness and its statutorily created
obligations.
(c) In the event that in any fiscal year the subordination provided for in this
Section 3 results in a reduction in the amount otherwise payable to the Fire
District pursuant to this Agreement, then such reduction shall be treated as an
advance by the Fire District which shall be repaid by the Agency. The unpaid
principal balance thereof shall bear interest 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. The advances and accrued
interest shall be repaid as promptly as possible, and in any event the Agency
shall use all tax increment legally available to repay such advances and accrued
interest.
Section 4. Decrease in Tax Increment. In the event that in any fiscal year the
amount that is the total of the amount of the Agency' s debt service on long-term
bonded indebtedness plus amounts necessary to discharge the Agency' s statutorily
created obligations (such as the Health and Safety Code Section 33334.2 Housing
Set Aside requirement) plus the amounts due under this Agreement exceed the
actual amount of Tax Increment payable to the Agency pursuant to Health and
Safety Code Section 33670, then the amount the Agency pays the Fire District
pursuant to this Agreement for that year may be reduced by the amount necessary
to pay in full such debt service and such statutorily created obligations. Any
such reduction shall be treated as an advance by the Fire District which shall
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be. repaid by the Agency. The unpaid principal balance thereof shall bear
interest 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. The advances and accrued interest shall be repaid as promptly as possible,
and in any event the Agency shall use all Tax Increment legally available to
repay such advances and accrued interest.
Section 5. Effective Date. This Agreement shall be effective only if the Contra
Costa County Board of Supervisors by December 31, 1989 adopts an ordinance
adopting the Plan, and the boundaries of the Project Area as described in the
adopted Plan are substantially those boundaries described in the attached
Exhibit A. In the event litigation is initiated attacking the validity of the
proposed Plan, the Project or the ordinance adopting the Plan, the provisions of
this Agreement shall remain in full force and effect unless a judgment becomes
final which declares the Plan, the Project or the ordinance invalid, in which
case this Agreement shall become null and void.
Section 6. No Litigation. The Fire District agrees not to file or engage in
any litigation to directly or indirectly challenge the validity of the Project
or the Plan or the ordinance adopting the Plan so long as they are not
inconsistent with this Agreement.
FIRE DISTRICT AGENCY
RIVERVIEW FIRE PROTECTION CONTRA COSTA COUNTY
DISTRICT REDEVELOPMENT AGENCY
By: By:
Its: Its:
Ex-Officio Governing Board of
Riverview Fire Protection* District
Approved as to form:
Victor J. Westman
County Counsel
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EXB= "A"
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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, domments, boundary lines, and ownerships are to Official
Records of said County.
Becjin� 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 Zbpeka and Santa Fe Railroad Cagpany 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 riot
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 Gilds Mae Nunnally
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" wast 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 PARC3L, "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 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 SZnith parcel arra 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
OARLEY JEWH4ERr IZQd
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 Read;
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
00052158" west 1,858.32 feet, to the southwest corner of Tract 6865, being
also the southeast corner of Albert Romiti parcel recorded July 29, 1987 in
Volume 13804 at page 66; thence north 89014144" west 282.61 feet to the
saxt w t 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 Iat 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
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 7800014311 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 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
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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 Int
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 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 wast 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 southwest corner of Section 22, the Point of
Begixming•
EXC IM9M THERER is
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.
Ocmtaining 916 acres of land, more or less.
IH:drg
wo5561.legal
Deoeznber 22, 1989
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