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HomeMy WebLinkAboutMINUTES - 01171995 - H.1 Contra TO: REDEVELOPMENT AGENCY/BOARD OF SUPERVISORS Costa FROM: Phil Batchelor s County Executive Director r U DATE: January 17, 1995 SUBJECT: Rodeo Fire Station Seismic Improvements SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS HOLD Joint Public Hearing of the Contra Costa County Board of Supervisors and the Contra Costa County Redevelopment Agency on the proposed Agreement between the Redevelopment Agency and the Rodeo- Hercules , Fire Protection District to fund seismic upgrades to Fire Station #75 in Rodeo; ADOPT the following findings relative to Rodeo Redevelopment Project Area funding of Rodeo Fire Station Seismic Upgrade Project: 1 . That the project will be of benefit to the Redevelopment Project Area; 2 . No other reasonable means of financing the improvements are available; and 3 . The funding will assist in the elimination of blighting conditions in the Rodeo Redevelopment Project Area; and APPROVE and AUTHORIZE the Deputy Director - Redevelopment to execute a Funding Agreement between the Redevelopment Agency and the Rodeo- Hercules Fire Protection District to fund and construct seismic upgrades to Fire Station #75 in Rodeo. CONTINUED ON ATTACHMENT: XX _. YES SIGNATURE : RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMME A ON OF GENCY COMMIT E APPROVE OTHER SIGNATURE (S) : ACTION OF AGENCY ON January 17 , 1995 APPROVED AS RECOMMENDED x- OTHER x See attached Addendum for Board action. VOTE OF COMMISSIONERS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: 2 4 5 NOES: 1 ,3 ACTION TAKEN AND ENTERED ON THE MINUTES OF THE REDEVELOPMENT A13SENT: ABSTAIN: AGENCY ON THE DATE SHOWN. Contact: Jim Kennedy ATTESTED January 17 , 1995 646-4076 PHILBATCHELOR cc: County Administrator AGENCY SECRETARY County Counsel Auditor-Controller -Hercules Fire Z. Rodeo BY DEPUTY JK:1h sra16/rodeofir.bos FISCAL IMPACT No General Funds are involved. Agency funds totalling $276, 000 are provided for in this Agreement. Of the total funding, $194, 000 will come from Fiscal Year 1994-95 funds, with the remaining amount in Fiscal Year 1995-96. Fiscal Year 1994-95 funding is included in the Agency' s adopted budget. BACKGROUND/REASONS FOR RECOMMENDATIONS The Rodeo-Hercules Fire Protection District' s Fire Station #75 in Rodeo has been determined to be seismically unsafe for its fire personnel and emergency equipment. The Fire District has secured approximately $400, 000 in State funding under the Proposition 122 Seismic Program, and is intending to commit approximately $265, 000 of its own funds in conjunction with Redevelopment Agency funding to complete the seismic upgrade work. Improvements would be completed in 1995., To commit the funding, the Agency must make certain determinations when construction is contemplated of a building, facility, structure or other improvement which is publicly owned. The findings are required by Section 33445 (a) of the Health and Safety Code, including: 1 . That the project will be of benefit to the Redevelopment Project Area; 2 . No other reasonable means of financing the improvements are available; and 3. The funding will assist in the elimination of one or more blighting conditions in the Redevelopment Project Area. The project will be of benefit to the Redevelopment Project Area because it will provide a continuing basis for the provision of fire protection services to the Rodeo community. The Rodeo- Hercules Fire Protection District has committed its own funds plus secured as much funding as it , could from State programs . The Redevelopment financing represents closure of the financial gap necessary to complete omplete the project. The project will assist in the elimination of one of the blighting conditions identified in the Redevelopment Plan; namely, the inadequacy of infrastructure and public improvements in the Project Area. The Funding Agreement provides for the Redevelopment Agency assistance to be repaid over a ten (10) year time period. The Agreement also stipulates that the Fire District will develop a Fire Protection Services Delivery Plan in cooperation with County and Contra Costa County Fire Protection District officials . K. l ADDENDUM On December 20, 1994, the Board of Supervisors fixed this date for a joint hearing of the Contra Costa Board of Supervisors and as the Governing Board of the Redevelopment Agency to consider a funding agreement with the Redevelopment Agency and the Rodeo Hercules Fire Protection District for seismic upgrades to Fire Station #75 in the Rodeo area. Jim Kennedy, Redevelopment Agency, presented the details of the funding agreement and he recited the findings the Board must make prior to entering the agreement . Supervisor Smith commented on discussions between himself and representatives of the fire district that revolved around paragraph 9, a request to commit to a study of fire services in the region and he also commented on concerns expressed by the community of Rodeo and the Rodeo Redevelopment Advisory Committee about the location of the fire station and the way services are delivered. Supervisor Smith advised that as part of the conditions of accepting this funding, that the fire district be asked to participate with the county in coming up with a fire services delivery plan to assure the community of Rodeo, particularly the Redevelopment Area, that their fire service is. adequate and they will adequately respond to the needs . Supervisor Bishop commented on the issue of consolidation. Supervisor Smith clarified that there was nothing in the proposed agreement that commits anyone to consolidation, only a commitment to do a study. Supervisor Bishop commented on a letter from Bruen and Gordon, representatives of the Fire District, that they would not enter into a loan agreement with that condition attached and she expressed reluctance to attach that as a condition. The public hearing was opened and the following persons presented testimony: Doris Reese, 117 3rd Street, Rodeo, commented on issues including the station location and funding sources . Scott W. Gordon, Bruen and Gordon, North California Blvd. , Walnut Creek, representing the Rodeo-Hercules Fire Protection District, commented on information about the District, a brief history of the development of the funding agreement, concerns with provision 9, the provision of fire services to Unocal, and he read a letter from Bob Berggren, Chair, Special Districts Association, Contra Costa Chapter, opposing the language relative to the study. The Board discussed the issue of the proposed language for participation in a fire services study, the cost of such a study, and the appropriateness of such a study in the context of a Redevelopment agreement . Pedro Jiminez, 1680 Refugio Valley Road, Rodeo, Chief, Rodeo-Hercules Fire District, commented on the terms of the agreement and spoke in opposition to doing a complete study on the region or the fire district . The public hearing was closed. Supervisor Smith moved approval of the language as it is in the draft, striking section 8 which is the repayment agreement which would essentially make this a transfer of $276, 000 for the seismic upgrade conditioned on the regional fire services study. Supervisor DeSaulnier seconded the motion. Supervisor Bishop expressed that she would not be supporting the motion, commenting on a dangerous precedent and inserting conditions for a consolidation study. Supervisor Rogers expressed concern with an outright grant of the money. Supervisor Smith spoke in support of the inclusion of the provision for the study in the agreement . i IT IS BY THE BOARD ORDERED that recommendation of ',staff relative to findings is APPROVED, and the funding agreement between the Redevelopment Agency and the Rodeo-Hercules, Fire Protection District to fund and construct seismic upgrades to Fire Station #75 in Rodeo is APPROVED as amended, and the Deputy Director-redevelopment is AUTHORIZED to execute said funding agreement . (1/18/95) AN AGREEMENT BETWEEN THE CONTRA COSTA COUNTY REDEVELOPMENT AGENCY and THE RODEO-HERCULES FIRE PROTECTION DISTRICT TO PROVIDE PARTIAL FUNDING FOR THE CONSTRUCTION OF STATION#75 IN RODEO FOR SEISMIC UPGRADING This Agreement is made and entered into this 1-7+4 day of S4.�" 6P1994,$by and between the Contra Costa County Redevelopment Agency, a public body corporate and politic existing under the laws of the State of California, hereinafter called "Agency", and the Rodeo- Hercules Fire Protection District, a public corporation organized and existing under the laws of the State of California, hereinafter called "Fire District". RECITALS WHEREAS, Agency adopted a Redevelopment Plan for the Rodeo area on July 10, 1990; and WHEREAS, Agency has budgeted funds to assist in the seismic upgrade of the Fire District's Fire. Station#75 at 326 3rd Street in Rodeo as further described in a letter to Agency dated August 30, 1994 (hereinafter referred to as "Project"); and WHEREAS,Fire District has secured a commitment of Proposition 122 Seismic Program funds from the State of California,Department of General Services,Division of the State Architect in the amount of$393,802 for the Project; and WHEREAS, the Fire District is prepared to be Project Manager for the Project; and WHEREAS, Agency and Fire District do mutually desire to cooperate in completing the Project and to specify herein the terms and conditions under which said project will be designed, constructed, financed and maintained. NOW, THEREFORE, it is mutually agreed as follows: AGREEMENT SECTION I Rodeo-Hercules Fire Protection District Responsibilities: Fire District shall: (1) Provide plans and specifications to Agency thirty (30) days before going to bid and construction management for the Project. Agency acknowledges that said plans were so provided. (2) Construct or cause to be constructed said Project in accordance with the guidelines and building regulations prescribed by County and the Office of the State Architect. (3) Complete the Project and expend the funds before December 31, 1995. (4) Upon completion of the Project, or for progress payments during construction, submit documentation of the payments made regarding the construction. (5) Retain, or cause to be retained for audit all records and accounts relating to the Project for the period required by Agency. Fire District shall be strictly accountable for all funds and, upon request, will report receipts and disbursements. (6) Insurance Requirements: Fire District shall take out and maintain during the life of the Agreement all the insurance required by this Section and shall submit certificates for review and approval by Agency. Any Contractors utilized by Fire District shall take out and maintain such insurance during the performance of their contracts. No construction on the Project shall commence until such insurance has been approved by Agency. The Certificates shall be on forms provided by Agency or the insurance carrier. Acceptance of the certificates shall not relieve Fire District of any of the insurance requirements, nor decrease the liability of Fire District. Agency reserves the right to require Fire District to provide insurance policies for review by Agency. (a) Workers' Compensation Insurance. Fire District shall take out and maintain during the life of the Agreement,Workers'Compensation and Employers'Liability Insurance for all of its employees on the Project. Fire District shall require any subcontractor to provide it with evidence of Workers' Compensation and Employers' Liability Insurance, all in strict compliance with California State laws. s 0A (b) Public Liability Insurance. Fire District shall take out and maintain during the life of the Agreement, Comprehensive Automobile and General Liability Insurance that provides protection under this Agreement. Fire District shall require any subcontractor to provide evidence of the same liability insurance coverages. The amounts of insurance shall be not less than the following: Single Limit Coverage applying to Bodily and Personal Injury Liability and Property Damage: $1,000,000 per occurrence. (c) Endorsements. The following endorsements must be indicated on the certificate: (1) Contra Costa County Redevelopment Agency, its boards, officers, and employees are additional insureds under the policy as to the work and operations being performed under this Agreement. (2) The coverage is primary and no other insurance carried by the Agency will be called upon to contribute to a loss under this coverage; (3) The policy covers blanket contractual liability; (4) The policy limits of liability are provided on an occurrence basis; (5) The policy covers broad form property damage liability; (6) The policy covers personal injury as well as bodily injury liability; (7) The policy covers explosion, collapse, and underground hazards; (8) The policy covers products and completed operations; (9) The policy covers use of non-owned automobiles; (10) The coverage shall not be canceled nor materially altered unless thirty (30) days'written notice is given to the Agency. (d) Failure of Coverage. Failure, inability, or refusal of Fire District to take out and maintain during the entire term or terms of this Agreement any and all of the insurance as aforesaid shall at the option of Agency constitute a breach of this Agreement and justify immediate termination of the same. (e) Self Insurance. Fire District has the right and option to self-insure the requirements under this Section 6 upon written notice to the Agency that Fire District assumes the obligations in the place and stead of any insurance carrier, any reference to failure of coverage notwithstanding. In the event that Fire District elects to self-insure, Fire District shall provide to the Agency a certificate or other evidence of self-insurance acceptable to the Agency. (7) Comply with all Federal, State and local laws, ordinances and regulations in carrying out its responsibilities under this Agreement. r (8) Fire Protection Goals Fire District warrants that it will continue to engage in the provision of fire protection services to the Rodeo-Hercules Fire Protection District, which includes the Rodeo Redevelopment Project Area. To assure that said services are provided for in a manner that addresses the Fire Protection Goals and Policies of the Public Facilities/Services Element of the Contra Costa County General Plan, the Fire District shall develop, in cooperation with officials of the Contra Costa County Fire Protection District, a Fire Protection Services Delivery Plan (Service Delivery Plan)for the region, including the Unocal San Francisco refinery complex. Said complex is not currently within the Fire District's boundary, but is in Rodeo. The Fire Protection Services Delivery Plan has a targeted completion date of June 30, 1996. Included in the process of developing this Service Delivery Plan would be a commitment to consider in good faiths joint service arrangements with adjacent fire service providers (including, but not required to be any of the following: joint programs, joint powers arrangements, and consolidation). SECTION II Agency Responsibilities: Agency agrees: (1) To disperse$276,000 to Fire District as part of progress payments for the construction of the Project. Said funds shall be paid as follows: No more than $194,000 prior to June 30, 1995, with the remaining funds up to the maximum amount of$276,000 in the fiscal year beginning July 1, 1995 and ending June 30, 1996. (2) That Fire District is designated hereunder as the party responsible for the expenditure of Agency funds in the amount of$276,000. (3) To review and comment on Project plans and specifications within thirty (30) days of Fire District's submittal date. H SECTION III General Conditions: (1) This Agreement may be canceled by mutual consent in writing of the two parties. (2) Notices regarding this Agreement shall be sent by first class mail, postage prepaid, to Rodeo- Hercules Fire Protection District at 1680 Refugio Valley Road, Hercules, CA 94547 and to Agency at Community Development Department, 651 Pine Street, 4th Floor, North Wing, Martinez, CA 94553. (3) Fire District shall defend, indemnify, save, and hold harmless Agency and its officers and employees from any and all claims, costs, and liability for any damages, sickness, death, or injury to person(s) or property, including without limitation all consequential damages from any cause whatsoever, arising directly or indirectly from or connected with the negligent acts, omissions, operations or services of Fire District or its officers, employees, agents, or subcontractors hereunder. Fire District shall reimburse Agency for any expenditures, including reasonable attorney's fees, Agency may by reason of the matters that are the subject of this indemnification and, if requested by Agency, shall defend any claims or litigation to which this indemnification applies at the sole cost and expense of Fire District. (4) Agency shall defend, indemnify, save, and hold harmless Fire District and its officers and employees from any and all claims, costs, and liability for any damages, sickness, death, or injury to person(s) or property, including without limitation all consequential damages from any cause whatsoever, arising directly or indirectly from or connected with the negligent acts, omissions, operations or services of Agency or its officers, employees, agents, or subcontractors hereunder. Agency shall reimburse Fire District for any expenditures, including reasonable attorney's fees, Fire District may by reason of the matters that are the subject of this indemnification and, if requested by Fire District, shall defend any claims or litigation to which this indemnification applies at the sole cost and expense of Agency. (5) This Agreement contains the entire agreement between the parties with regard to matters described in this Agreement and supersedes all prior agreements, whether written or oral, between the parties with respect to such subject matter. (6) This Agreement shall be interpreted and enforced under the laws of the State of California. (a) This Agreement shall terminate at such time as Agency has disbursed funds and Fire District has completed the Project, and repaid Agency as provided for herein. The three (3) obligations contained in Section III (3) and (4) of this Agreement shall survive termination of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, the provisions of which Agreement are effective as of the day, month, and year first hereinabove written. CONTRA COSTA COUNTY RODEO-HERCULES FIRE PROTECTION REDEVELOPMENT AGENCY DISTRICT By. iQ.t�^-°/ By: ra'a_ CZ>i7std: Deirector RedevelopmentAttPhil Batch lor, Agency S retary By: By: Approved as to form: Approved as to fo Victor J. Westman County Counsel District Couns'/ By: X lhkontractsVMdefirlagr BRUEN & GORDON RECEIVED A PROFESSIONAL CORPORATION 1990 NORTH CALIFORNIA BOULEVARD SUITE 608 1 2 1995 WALNUT CREEK,CALIFORNIA 94596 (510)295-3131 FAX(510)295-3132 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. January 11, 1995 The Hon. Gayle Bishop, Chairperson and Members of the Board Contra Costa County Board of Supervisors 651 Pine Street, First Floor Martinez, California 94553 Re: January 17, 1995, 11:00 a.m. Agenda Item(TBA) Rodeo Redevelopment Agency/Rodeo-Hercules Fire Protection District Agreement Dear Chairperson Bishop and Members of the Board: I am writing you on behalf of the Rodeo-Hercules Fire Protection District ("the District") concerning the proposed agreement between the Rodeo Redevelopment Agency(RDA) and the District, the purpose of which is to provide the District with a loan of$276,000 for the seismic upgrading of Fire Station 75 located in the town of Rodeo. Specifically, I am writing you to urge that your Board approve the RDA Agreement, but with one change to the language of paragraph 9 as that paragraph has been presented to District representatives. We are making this request to the full Board sitting as the Redevelopment Agency Board of Directors, since we have been unsuccessful in resolving a critical policy issue raised by proposed Agreement language crafted by Supervisor Jeff Smith, who has been negotiating specific terms of the Agreement on behalf of your Board. In my judgment, the District has negotiated in good faith and made every effort to accommodate one Supervisor's concerns. The issue boils down to this: should the Board of Supervisors follow a policy of compelling an independent fire district to prepare a governmental study of"joint services" delivery or"consolidation" with the Contra Costa County Fire District as a condition of receiving a loan of RDA monies to refurbish an existing structure? We believe the answer is clearly"no", since such a contract condition is unnecessary and inappropriate for a loan agreement of this type. Such a condition arises only because of the "leverage"your Board has in its bargaining position, and therefore represents a bad policy precedent for this Board to embrace. Set forth below is pertinent background information regarding this matter, followed by suggested alternative language which addresses Supervisor Smith's concerns. The Hon. Gayle Bishop, Chairperson and Members of the Board January 11, 1995 Page 2 Background Pursuant to a request of the District, the Rodeo Area Redevelopment Agency Advisory Committee recommended that the Redevelopment Agency authorize an expenditure of$276,000 for the District to complete the seismic upgrade and rehabilitation of Station 75, located in the town of Rodeo. Station 75 was constructed in 1927 , utilizing unreinforced masonry that must be substantially upgraded to meet current seismic standards. The District has obtained the funding required to complete this project (which will total over $950,000) from internally-generated sources as well as a $393,000 matching grant from the State of California. The District was prepared to complete financing arrangements for the balance needed to complete the project ($276,000)when the Redevelopment Agency proposal for funding crystallized. The District's Board of Directors had already authorized staff to complete commercial lending arrangements for the needed monies when the RDA funding agreement was proposed and an agreement drafted. The Redevelopment Agency Advisory Committee recommended the Station funding, and we thereafter awaited a draft contract from Mr. James Kennedy, the Deputy Director of the Redevelopment Agency. The draft agreement arrived via facsimile on December 1, 1994, and contained a paragraph 9 which, on its face, required that the District develop a fire protection services delivery plan which would include a commitment to negotiate joint service arrangements with"adjacent fire service providers" (read Consolidated County Fire District) , including, without limitation,joint powers arrangements and/or consolidation. The District's Board of Directors expressed concern about this language, since the language of paragraph 9 presupposed the need for joint service arrangements and required a commitment to negotiate a satisfactory delivery plan based on a joint service protocol with a view towards consolidation. In our view, this approach placed the consolidation "cart" before the study/need "horse." Moreover, the District's Board of Directors questioned why such a contract provision was necessary in a partial funding proposal to refurbish the existing fire station. The District agreed to move forward on the funding agreement only on condition that the provisions of Paragraph 9 be satisfactorily negotiated. In my discussions with Supervisor Smith during the pendency of the Unocal appeal, he indicated that it was his desire to have the Unocal refinery process areas annexed into the Rodeo- Hercules Fire Protection District or an appropriate fire district given that Unocal's process areas are currently outside of any fire district. I advised Supervisor Smith that it is only the refinery process areas on the west side of Interstate 80 which are not within our District and that the 603- H. 1 The Hon. Gayle Bishop, Chairperson and Members of the Board January 11, 1995 Page 3 acre parcel, including the tank farm and the petroleum coke-processing areas, are already within the Rodeo-Hercules Fire Protection District boundaries. In exchange for the District's agreeing to a paragraph 9 that required a study of joint service arrangements and consolidation for the District, Supervisor Smith told a subcommittee of the District's Board of Directors that the RDA would agree to waive repayment of the $276,000. In short, the District was given strong"inducement" to agree to the provision. The District's. Board of Directors considered Paragraph 9, including the offer of waiving the repayment provisions of paragraph 8, at a.spe-cia1 meeting held December 12, 1994. The District's Board was understandably upset at the suggestion of waiving repayment as"inducement", and resolved that the District is strongly opposed to entering into any agreement with the RDA which compels the District to agree to a joint study with Consolidated Fire to study delivery of fire services"in the region" beyond the Unocal refinery areas not within the District at present. The Board's reasons are as follows: o There is no justifiable policy reason for the Board of Supervisors to compel the District to agree to negotiate for joint fire services delivery"in the region", including merger or consolidation, as a condition of the RDA providing the District with tax increment monies to partially finance the rebuilding of Station 75. The RDA Agreement is to provide partial funding for a fire station rehabilitation, and there is no connection between our effort to rebuild Station 75 and the proposal to negotiate service delivery options; o The proper place to initiate or evaluate any proposals for merger or consolidation is the Local Agency Formation Commission(LAFCO), not in an RDA contract to rebuild an existing fire station; the District has been involved in the new LAFCO process whereby special districts, as a group, are developing detailed guidelines for evaluating proposals to initiate mergers or consolidations of special districts; at this time, the Special Districts Association is in the process of developing LAFCO guidelines. The Board authorized staff and counsel to proceed with trying to negotiate an acceptable resolution of the issue. The District's Suggested Alternative The language of paragraph 9 we request that you consider and approve in the Agreement is as follows: N.l The Hon. Gayle Bishop, Chairperson and Members of the Board January 11, 1995 Page 4 "(9) Service Delivery to Areas Outside of the District Fire District warrants that it will continue to engage in the provision of fire protection and prevention services to the Rodeo-Hercules Fire Protection District, which includes the Rodeo Redevelopment Project area Fire District shall develop, in cooperation with officials of the Contra Costa County Fire District, a Fire Services Delivery Plan (Service Plan)for those areas of the Unocal Refinery complex not currently within the District boundaries. A significant portion of the refinery area, consisting of+/- 600 acres, is already within the Disirict boundaries and is serviced by the DistrictThe Service Plan has a targeted completion date of June 30, 1996. Included in the process of developing this Service Plan would be a commitment for the District to consider, in good faith,joint service arrangements with adjacent service providers, including without limitation joint programs,joint powers arrangements and mutual aid agreements." This language would be a change from the paragraph 9 crafted by Supervisor Smith in two basic areas. First, it would remove any requirement for the District to study fire services delivery "in the region" (which of course is the existing District), instead focusing a study of fire services delivery on those areas of the Unocal refinery not currently within the District's boundaries. Second, the language would not presuppose"consolidation" within the scope of study. The Service Delivery Plan is not a government reorganization study effort, nor should it be construed as such. As you know, the District agreed to prepare a fire services plan for Unocal when we appeared before your Board in connection with the Unocal appeal. It was our understanding, based on detailed discussions with Supervisor Smith, that the language of the RDA Agreement would simply mirror that requirement. Instead, new language for paragraph 9 was prepared subsequent to the Unocal appeal and we have been advised that it is proposed on a"take it or leave it" basis. Because of the important policy questions involved in this type of Board of Supervisors action in a Redevelopment Agency contract, we are requesting your consideration of the District's proposed language change. The District is naturally disturbed by the fact that the RDA Agreement is being used as leverage to force agreement to a provision unrelated to the Station 75 refurbishment. I am authorized to advise your honorable Board that the District simply cannot agree to enter into commitments for some type of"regional" service study called for in the paragraph 9 drafted by Supervisor Smith for the reasons set forth above. As a result of several lengthy discussions with all involved parties, including Unocal representatives, the District has proposed the language set forth above as a means to resolve the The Hon. Gayle Bishop and Members of the Board January 11, 1995 Page 5 outstanding concerns regarding the language of paragraph 9 in the Redevelopment Agency agreement. We think the language is fair and we will agree to abide by its terms in good faith. Thank you for your consideration of this most important matter. I will be present at the January 17 hearing to address any questions you may have. Very tru ours, Scott W. Gordon Counsel to the District SWG:cg cc: Chief Jimenez, RHFPD Board of Directors, RHFPD James Kennedy, Deputy Director, CCC RDA JAN-17-1995 1@ 15 PLEASANT HILL RECREATION 510 682 1633 P.01 California Special Districts Association Contra Costa County Chapter Bob Berggren, Chair Contra Costa Special Districts Association 1r�Lane PlenPleasantt Hillll,,CA 9523 147 Gregory Lane Pleasant Hill, CA 94523 January 18, 1995 Gayle Bishop, Chair Contra Costa County Board of Supervisors 651 Pine Street, First Floor Martinez, CA 94553 Re: Rodeo Redevelopment Agreement with Rodeo-Hercules Fire Protection District Dear Chair Gayle Bishop: On behalf of the Special Districts Association of Contra Costa County, we oppose the language inserted by Supervisor Smith in regards to mandating an independent agency to prepare a governmental study of joint services delivery or "consolidation" with another agency in an agreement that upgrades a facility. We feel that this is not the appropriate forum to handle this type of process. The Special Districts Association has worked closely with the Local Agency Formation Commission (LAFCO) in matters regarding mergers, dissolutions, consolidations, etc. The Association is currently working on developing guidelines to handle these very issues on mergers and consolidations. Clearly, this isnot the correct or proper method for the County Board of Supervisors to institute in light of the recent changes with LAFCO and working with the Special Districts Association. We support the stance taken by the Rodeo-Hercules Fire Protection District. Thank you for your consideration of this matter and please call me at 6820-0896 if you have further questions or concerns. Sincerely, Robert B. Berggren, Chair Chairman Bob Berggren (510)682-0896 Vice Chairman Donald P. Freitas (510)773-1161 TOTAL P.01 '\ }ITT, 07,:3`9' FROM CCC-CoMMUN I TY DEOELOPMENT TO t- LEGAL NOTICE f PUBLIC HEARING DEVELOPMENT AGENCY OF THE COUNTY OF CONTRA COSTA ANVIIIE COUNTY OF CONTRA COSTA NOTICE IS HEREBY GIVEN that the Redevelopment Agency of the County of Contra Costa(the"Agency")and the Board of Supervisors of the County of Contra Costa will hold a joint public hearing on Tuesday, January 17, 1994 at 2:00 p.m. at the Board of Supervisors' Chambers, Room 107, located at 651 Pine Street, Martinez, California. The joint public hearing is being conducted in fulfillment of the requirements of Health and Safety Code Section 33445 and 33679. The hearing may be continued from time to time until completed., Any person desiring the opportunity to be heard will be afforded an opportunity to do so. The purpose of this hearing is to"consider a proposed commitment by the Agency of tax increment revenue to fund the seismi c,upgrading project of the Rodeo-Hercules Fire Protection District Fire Station 975 in Rodeo ("Fire District Funding Agreement"). Fire Station#75 is within the Rodeo Redevelopment Plan Project Area (the "Project Area") established by the County of Contra Costa on July 10, 1994. The proposed Fire District Funding Commitment is intended by the Agency to eliminate a'blighting condition in the Project Area, and to serve the redevelopment goals and objectives of the Redevelopment Plan. Any and all persons having any objections to the proposed Fire District Funding Commitment or who deny the regularity of this proceeding or wish to speak on any issue raised by the Fire District Funding Commitment may appear at the hearing and will be afforded an opportunity to state their objections. If any person desires to challenge in court the adoption of the proposed Fire District Funding Commitment or any proceedings in connection therewith, they may be limited to raising only those issues that they or someone else raised at the hearing described in this notice, or in written correspondence delivered to the Agency or the Board of Supervisors at, or prior to, the hearing. As required by Health and Safety Code Section 33679, a copy of the proposed Fire District Funding Commitment is available at the Agency's office, 651 Pine Street, 5th Floor, N. Wing, Martinez, California 94553, for public inspection and copying at a cost not to exceed the cost of duplication. Further information regarding this hearing may be obtained by contacting Jun Kennedy, Deputy Director -Redevelopment Agency, at(5 10) 646-4076. X1b sm16/fodeo.not -_ TOTAL P-002 THfd- 75-1995 07::'9 FROM 0:=C-COf1MLNIT`i' UEUELOPMENT TO 611_159 F.'001/002 Redevelopment Agency Contra Commissioners Tom Powers \ Costa 1st District County Administration Building 651 Pine Street.4th Floor.North wing Jeff Smith Martinez,California 94553-1296 C o i ,1 I n t J 2nd District Bishop Phil Batchelor � �/ Gayle t Executive Director 3rd District 5£ � '�'� Mark DeSaulnier Harvey E.Bragdon ,_ :\ Assistant Executive Director •� 4th District ! "•, '1 Tom Tortakson James Kennedy `I <!,• 5th District Deputy Director—Redevelopment (510)646.4076 FAX TRANSMITTAL FORM This fax is from: Jim Kennedy- Deputy Director Redevcoom ; t Ajzr,,ucy Fax # 51Q-646-4204 Phone # 510-646-4076 Date 3 1` Y Please deliver pages, including the transmittal form: FAX # 1. 1 O S '9 2, 3. 4. 5. 6. 7. 8. Comments: AAV% W u� �/x c� � (Zo Cie a �: r� �t✓tsVq t�+) 4 Uact'-' d JK:th/7.19.94/sra14/fax.frro 1.105 /f4.( Contra TO: REDEVELOPMENT AGENCY/BOARD OF SUPERVISORS "' Caft FROM: Phil Batchelor '' County r hS' Executive Director DATE : December 20, 1994 SUBJECT: Declare Intent/Fix Hearing for Rodeo Fire Station Seismic Improvements SPECIFIC REQUEST(S) OR RECObMENDATIONS (S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS DECLARE intent and FIX January 17, 1995, 11 : 00 a.m. , for a joint Public Hearing of the Contra Costa County Board of Supervisors and the Contra Costa County Redevelopment Agency to approve a Funding Agreement between the Redevelopment Agency and the Rodeo-Hercules Fire Protection District to fund seismic upgrades to Fire Station #75 in Rodeo; FISCAL IMPACT No General Funds are involved. Agency funds totalling $276, 000 are provided for in this Agreement. Of the total funding, $194, 000 will come from Fiscal Year 1994-95 funds, with the remaining amount in Fiscal Year 1995-96. Fiscal Year 1994-95 funding is included in the Agency' s adopted budget. BACKGROUND/REASONS FOR RECOMMENDATIONS The Rodeo-Hercules Fire Protection District' s Fire Station #75 in Rodeo has been determined to be seismically unsafe for its - fire CONTINUED ON ATTACHMENT: _XX YES SIGNATURE : RECO.MNDATION OF EXECUTIVE DIRECTOR RECOMME DA ION OF ENCY COMMIT APPROVE OTHER S I GNATURE (S) ACTION OF AGENCY/ON December 20r 1994 APPROVED AS RECOMMENDED x OTHER BOARD VOTE OF COMMISSIONERS ? SUPERVISORS I HEREBY CERTIFY THAT THIS IS A x UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE REDEVELOPMENT AGENCY/ ON THE DATE SHOWN. BOARD OF SUPERVISORS Contact: Jim Kennedy 646-4076 ATTESTED December 20, 1994 cc: County Administrator PHIL BATCHELOR County Counsel AGENCY SECRETARY Auditor-Controller Rodeo-Hercules Fire BY " DEPUTY JK:1h sra16/rodeofr2.bos t.105 personnel and emergency equipment. The Fire District has secured approximately $400, 000 in State funding under the Proposition 122 Seismic Program, and is intending to commit approximately $265, 000 of its own funds in conjunction with Redevelopment Agency funding to complete the seismic upgrade work. Improvements would be completed in 1995. In order for the Fire District to confirm the State funding in the next few weeks, a Statement . of Intent on the part of the Agency would be useful at this time. . To commit the funding, the Agency and the Board of Supervisors must hold a joint public hearing pursuant to Section 33679 of the Health and Safety Code. The January 17, 1995 hearing date will comply with the statutory requirement.