HomeMy WebLinkAboutMINUTES - 12162003 - C93 c
TO: BOARD OF SUPERVISORS
CONTRA
COSTAa -* A COUNTY
FROM: John Sweeten, County Administrator
DATE. December 16, 2003
SUBJECT: AMENDMENT TO MEMORANDUM OF UNDERSTANDING AND APPROVAL. OF
PLANS ANIS SPECIFICATIONS
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
1. APPROVE the Amendment to the MOU dated October 15, 2002 to allow the City of Walnut
Creek Redevelopment Agency and the Board of Trustees for the Walnut Creep Veterans
Memorial Building as participating parties to the MOU.
2. AUTHORIZE the County Administrator to execute the Amendment to the MOU and DIRECT
County staff to prepare formal documents described in the Amendment for further
Consideration by the Board of Supervisors.
3. FIND that the project will not have a significant effect on the environment with the
implementation of the mitigation measures set forth in the Subsequent Mitigated Negative
Declaration prepared by the City of Lafayette Redevelopment Agency pursuant to the
requirements of the California Environmental Quality Act for the Lafayette Veterans Memorial
Building and the Lafayette Library Relocation and Construction Project, adopted February 10,
2043; DIRECT Community Development Department staff to file a Notice of Determination
with the County Clerk; AUTHORIZE the Auditor-Controller to issue a'warrant payable to the
County Clerk for the $28 filing fee.
4. APPROVE the final project plans and specifications dated November 21, 2443.
CONTINUED ON ATTACHMENT: _ _YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR—RECOMMENDATION of BOARD COMMITT E
_,APPROVE _OTHER
SIGNATURE(S):
ACTION OF BOARD r .Z--T7 Li APPROVED AS RECOMMENDED N OTHER
f
VOTE OF SUPERVISORS
I HERESY CE61 Y THAT THIS IS A
UNANIMOUS(ABSENT E` a ) TRUE ANIS COkRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED
ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact: l�
ATTESTED � �
JOHN SWEETEN,CLERK OF
THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
Byrd Deputy
BACKGROUN'DIREASON(S) FOR RECOMMENDATION(S):
On October 15, 2002, the Board of Supervisors approved an MOU'; among the Lafayette
Redevelopment Agency (LRDA) and the Lafayette Altar Veterans, Inc., which outlined a process for
effecting the sale of the existing Lafayette Veterans Building to the LRDA and the construction and
transfer of a new veterans building by the LRDA to the County for use by the veterans. Since that
time, the City of Walnut Greek Redevelopment Agency and the Board of Trustees for the Walnut
Greek Veterans Memorial Building have agreed to participate in the project as a joint effort to replace
both the Lafayette Memorial Building and the Walnut Greek Veterans Memorial Building with a new
regional veterans memorial building. (Copy of the Amendment to the MOU is attached.)
Over the past year, the LRDA moved forward with preparation of plans and specifications which have
been reviewed by County staff and are recommended to the Board for approval. After approval of
plans and specifications by the County, LRDA intends to advertise the project for bid in early 2004,
break ground in the Spring, and complete the project by Memorial Day 2005. Once completed, the
building will be conveyed to the County.
The LRDA is the lead agency for CEQA purposes and has adopted a Subsequent Mitigated Negative
Declaration for the project. Staff in the Community Development Department has reviewed the
environmental document prepared by LRDA and, based on such document, recommends that the
Board find that the project will not have a significant effect on the environment with the
implementation of the mitigation measures set forth in LRDA's Subsequent Mitigated Negative
Declaration. County staff has been provided appropriate hazardous materials analysis and title
insurance on the land acquired for the new building.
Under the terms of the Amendment to the original MOU, the County Administrator has determined
the project to be feasible and is now recommending that the Board proceed with this unique three-
way project between the County and the cities of Lafayette and Walnut Creek for the benefit of
veterans.
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AMENDMENT TO MEMORANDUM OF UNDERSTANDING
FOR THE CENTRAL COUNTY VETERANS MEMORIAL HALL PROJECT
This AMENDMENT"to that certain Memorandum of Understanding("MOU")for the Central
County Veterans Memorial Hall Project, dated as of October 15, 2002, entered into by,and
among the COUNTY OF CONTRA COSTA, a political subdivision'of the State of Califbimia
("COUNTY"), LAFAYETTE REDEVELOPMENT AGENCY, a public body coiporate and
politic existing under the laws of the State of California("LRDA"),the CITY OF LAFAYETTE,
a municipal corporation("CITY")and the LAFAYETTE WAR.VETERANS, INC., a Veterans
Association as defined in Military and Veterans Code Section 1260 C"LAFAYE "TE
VETERANS'),is made as of the 14 day of July , 2003, by and among COUNTY,LRDA,
CITY, LAFAYETTE VETERANS,l�ALNUT CREEK REDEVELOPMENT AGENCY,a
public body corporate and politic existing under the laws of the State of California(" CIA" ,
and the BOARD OF TRUSTEES FOR THE WALNUT CREEK VETERANS'MIWMORIAL
BUILDING, a Veterans Association as defined in Military and Veterans Code Section 1260
("WALNUT CREEK.VETERANS ). The LAFAYETTE VETERANS:and the WALNUT
CREED.VETERANS are sometimes hereinafter referred to collectively as the"VETERANS'
ASSOCIATIONS."
RECITALS
A. COUNTY is the owner of the Lafayette Veterans Memorial Building property, APN 243-
231-014, commonly known as 3492 Mt. Diablo Boulevard in the City of Lafayette and
the Walnut Creek Veterans Memorial Building property,APN 184-060.013,commonly
known as 1250 Locust Street in the City of Walnut Creek. These buildings are dedicated
and held for the use and benefit of the VETERANS' ASSOCIATIONS who lease these
from the COUNTY.
B. COUNTY, LRDA, CITY and LAFAYETTE VETERANS have entered into the MOU
with respect to the construction in 14fayette of a new Central County Veterans Memorial
Hall(the"PROJECT)to replace the existing Lafayette Veterans Memorial Building.
C. The PROJECT has been planned and designed in such a way that it contains sufficient
size and features to accomodate the LAFAYETTE VETERANS and the WALNUT
CREEK VETERANS.
D. COUNTY,IRDA, WCRDA, CITY and the VETERANS' ASSOCIATIONS have met
and discussed the proposed PROJECT, and support a joint effort to replace both the
existing Lafayette Memorial Building and Walnut Creep Veterans Memorial Budding
with the PROJECT property.
E. WCRDA would like to purchase from.the COUNTY the existing Walnut Creek Veterans
Memorial Building, which is located within the boundaries of the Walnut Creek
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Redevelopment Agency, for redevelopment purposes.
F. Pursuant to Section 5 of the MOU, the parties hereto desire to enter into this Amendment
of the MOU to include WCRDA and the WALNUT CREEK VETERANS as parties to
the MOU, and to include the Walnut Creek Veterans Memorial Building withintlie scope
of the MOU, as more particularly described below.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties hereby agree to amend the MOU as follows:
I. Partes to the M+QT. Upon execution of this Amendment to the MOU,WCRDA and the
WALNUT CREEK VETERANS will be deemed to be parties to the MOU, and will be
bound by all of the provisions therein to the same extent as if they had executed the
original MOU. A copy of the MOU is attached hereto and incorporated herein,
2, Definitions. Except as otherwise defined herein, capitalized terms used but not otherwise
defined herein are used as defined in theMOU. From and after the effective hate of this
Amendment, all references in the MOU to "this MOU"(or words or phrases of a sithilm
meaning) shall be deemed references to the MOU as amended hereby unless the context
otherwise specifically requires.
3. Spe ac An=chnents.
A. Section 3.A.(7)is hereby deleted and replaced with the following Section 3.A.(7):
3.A.(7) Agreed Upon P ro*A Cost. Following review of the budget,
COUNTY and LR.DA will endeavor to negotiate an Agreed Upon
Project Cost not to exceed Six Million Seven Hundred Seven
Thousand Two Hundred Fifty Dollars($6,747,254),which will
include, but not be limited to,the costs of landacquisition,design,
site preparation and construction. The Agreed Upon Project,Cost
will determine the extent to which COUNTY funds will be used
for the PROJECT as described in Section IE.( )(b).
B. Sections 3.E.(2)(b), 3.E.(2)(c)and 3.E.(2)(d) are hereby deleted and replaced with
the following provisions:
3,E.(2)(b) Share f Fin Pro' —Cogis Io_b9bJdhYMARA and
CONY. The share of Final Project Costs to be paid by
WCRDA and COUNTY will be in accordance'with this section,
3.E.(2)(b)(i) WCRDA Share-of Project Costs WCRDA
will pay the first Eight Hundred'Thousand Dollars
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($800,000)of the remaining balance(after the first
Three Million Dollars ($3,000,040))of the Final
Project Costs("WCRDA Share").
3.E.(2)(b)(ii) COUNTY Share of Final Prdiect Costs. Of the
remaining balance of the Final Project Costs,
COUNTY's share will be the amount after the first
Three Million Eight Hundred Thousand Dollars
($3,800,040)up to the amount of Agreed Upon
Project Cost,plus the cost of any change orders
requested in writing by COUNTY,but only up to
the"Total County Cap"described in Section
3.E.(2)(c)below("County Share"). The County
Share will be paid to LRDA only after the property
conveyances described in Section4 have occurred.
3.E.(2)(c): Total County Cap. COUNTY'S total contribution to the cost of
the PROJECT will not,under any circumstances, exceed Two
Million Three Hundred Thirty Thousand Dollars($2,330,000)
("Total County Cap').
3.E.(2)(d) Excess Final Project Costs. If the Final Project Costs exceed the
combined amount of the LRDA Share, WCRDA Share and County
Share,LRDA will pay the excess Final Project Costs without
reimbursement from COUNTY or WCRDA.
C. Section 4.A. is hereby deleted and replaced with the following Section 4.A.:
4.A. Conveyance ofLafUette and Walnut Creek Veterans Memorial Buildin
Properties and Purchase Price. The terms of conveyance of the Lafayette
Veterans Memorial Building property to LRDA and the Walnut Creek
Veterans Memorial Building property to WCRDA will be in accordance
with this section.
(1) Commance of Lafayette Veterans Memorial Buildu-g Proms
and Purchase Price. COUNTY will convey the Lafayette Veterans
Memorial Building property pursuant to a purchase and sale
agreement prepared by COUNTY,in an"as is"condition,to
LRDA in fee simple absolute for the sum of One Million Three
Hundred Thousand Dollars ($1,304,000). As additional
consideration for this conveyance, LRDA will indemnify and hold
COUNTY harmless from any claim, cost or liability arising out of
or related to the condition of the property or the presence of any
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hazardous substance in or around any part of the property,
including any investigation,'clean-up,remedial, removal or
restoration costs. LRDA will act as lead agency under CEQA with
respect to the conveyance of the Lafayette Veterans Memorial
Building property to LRDA and the future use of the property by.
LRDA.
(2) Conveyance of Walnut Creek Veterans Memorial Building
Property and Purchase Price. COUNTY will convey the Walnut.
Creek Veterans Memorial Building property pursuant to a purchase
and sale agreement prepared by COUNTY, in an"as is"condition,
to WCRDA-in fee simple-absolute for the sum of Two Million
Eight Hundred Thousand Dollars ($2,800,000). As additional
consideration for this conveyance,WCRDA wall indemn fy aftd
hold COUN'T'Y harmless from any claim,cost or liability arising
out of or related to the condition of the property or the presence of
any hazardous substance in or around any part of the property,
including any investigation,clean-up,remedial,removal or
restoration costs. WCRDA will act as lead agency under CEQA
with respect to the conveyance of the Walnut Creek Veterans
Memorial Building property to WCRDA and the future use of the
property by WCRDA.
_. D. Section 4.C. is hereby deleted and replaced by the following Section-4.C.:
4.C. Lease to VETERANS' ASSOCIATIONS. Following conveyance of fee
title to the PROJECT"property to COUNTY, COUNTY will enter into a
lease with the VETERANS' ASSOCIATIONS allowing use of the
PROJECT property for the same general lease term and rent
considerations (I0 years at $1.00 per year)contained in,the leases currently
in effect between COUNTY and the VETERANS' ASSOCIATIONS.
Prior to entering into the new lease, and at the time deemed necessary by
COUNTY to accomplish the PROJECT,the VETERANS'
ASSOCIATIONS will execute lease termination agreements for the
current leases of the existing Lafayette and Walnut Creek Memorial
Buildings and provide their written consent to the dedication of the
PROJECT property in lieu of the existing Lafayette and Walnut Creek
Memorial Buildings in accordance with Military and Veterans Code
Section 1266.
(continued on page 5)
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E. Section 4. is hereby further amended by inserting a new section 4E., as follows:
4.E. Maintenane of COUNTY-Owned Veterans'Memorial Eu� s
Following the conveyance of the PROJECT property to COUNTY, and the
execution of a lease with the VETERANS'ASSOCIATIONS for the use
of the PROJECT property, COUNTY wiU appropriate Five Hundred
Thousand Dollars($500,400 from the proceeds receivedfrom WCRDA
for the sale of the Walnut Creek Veterans Memorial Building unto a'
maintenance account for COUNTY-owned veterans memorial buildings
throughout Contra Costa County.
F. Section 8. is hereby deleted and replaced by the following Section 8.:
8. Termination of MOU. COUNTY's and LRDA's obligation to proceed
with the PROJECT depends upon the completion,to COUNTY's and
LRDA's satisfaction, of each of the PROJECT steps outlined herein. In
particular, COUNTY's obligation to contribute the County Share of the
Final Project Costs will arise only if the conveyances of the Lafayette.
Veterans Memorial Building property and the Walnut Creek Veterans
Memorial Building property occur at the prices and on the terms outlined
in Section 4. above since COUNTY cannot commit new general fixed
revenues to this PROJECT.
G. Section 9. is hereby amended by adding the following parties and addresses:
WCRDA: Walnut Creek Redevelopment Agency
VETERANS' Walnut Creek Veterans' Memorial Building
ASSOCIATIONS:
4. No Ot er Amendments of Mdifications Except as expressly amended pursuant to this
Amendment,.all,other provisions of the MOU are unaffected,remain in full force and
effect with no other-amendments or modifications and are ratified and confirmed in all
respects-
5. Approval. This Amendment is subject to approval by the VETERANS'
ASSOCIATIONS, and by the governing bodies of COUNTY, LRDA, CITY and
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WCRDA. This Amendment will be submitted to the VETERANS' ASSOCIATIONS
first for approval, and thereafter to the governing bodies of the other parties. This
Amendment will be effective on the date the last party signs it.
6. Governing Law and Venue. This Amendment will be governed and eonstrrhed ifr
accordance with California law. The venue of any litigation pertaining to this MOU will
be Contra Costa County, California.
CONTRA COSTA COUNTY LAFAYETTE REDEVELOPMENTM
AGE CY _
By By�
County Administrator
Dated: Dated: ..�0
RECOMMENDED FOR APPROVAL: APPR ORM:
Barton J. Gilbert, By
General Services Director evelopment Agency Counsel
By
CITY
RECOMMENDED FOR APPROVAL: By �.
Maurice Shiu,----
Public Works Director
By Dated:
APPROVED AS TO FORM: APPR D A F RMO :
Silvan B. Marchesi B w
County Counsel City Attorney
By.
DcpC
uty
WALNUT CREEK
REDEVELOPMENT AGENCY
Dated: t�
APPROV D AS TO FORM:
BY law,
Redevelopment Agency Counsel
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Board of Trusteesofthe Lafayette Board of Trustees for the Walnut
War Veterans,Inc.
Creek Vet Memorial Bldg.
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By
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BY
Dated.
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It and propertywjna\CcmbkjGd Ca tra Canty vounets Mema w F}r Anmam A tomou."d
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