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HomeMy WebLinkAboutMINUTES - 12132005 - C65 50* THE REDEVELOPMENT AGENCY OF CONTRA COSTA COUNTY Adopted this Order on December 13,2005,by the following vote: AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema NOES: None ABSENT,* None ABSTAIN: None Resolution No.2005/766 SUBJECT: 1) Approving the form of revised Design and Construction Agreement(the"Revised Construction Agreement")pursuant to which the Redevelopment Agency of Contra Costa County (the"Agency")and the San Francisco Bay Area Rapid Transit District("BART")will monitor and approve the design,construction coordination,and development of the certain public improvements on that certain property surrounding the Pleasant Hill BART Station(the"PH BART Property")and pursuant to which the Agency shall pay for certain costs associated with such public improvements. 2) Making certain findings in connection with the approval of the Revised Construction Agreement. The Board of Directors of the Agency(the"Agency Board")RESOLVES THAT: The Pleasant Hill BART Station Leasing Authority is a joint powers authority of Contra Costa County(the "County"),the Agency and BART. The Authority will lease and sell the PH BART Property to Pleasant Hill Transit Village Associates,LLC(the"Developer")and oversee the development of the PH BART Property. The Joint Exercise of Powers Agreement for the Pleasant Hill BART Station Leasing Authority dated July 2,2004 governs the activities and structure of the Authority. The County adopted and the Agency is implementing the Redevelopment Plan for the Pleasant Hill BART Station/Contra Costa Centre Redevelopment Project(the"Redevelopment Plan"). The Redevelopment Plan was adopted pursuant to the authority of the Community Redevelopment Law(the"CRL")(Health&Safety Code Sections 33000 etseci.)as Ordinance no. 84-30 on July 10, 1984. On June 14,20055 by resolution2005/353,the Agency approved a form of Construction Agreement to be entered into between the Agency,BART and the Developer then on file with the Agency. The Construction Agreement was approved in order to encourage development of the PH BART Property in a manner contemplated by the Redevelopment Plan. The Construction Agreement has not yet been executed and,since June 14,2005) rising construction and other costs have required an increase in Agency funding. Therefore,the Agency,Developer and BART have negotiated the Revised Construction Agreement. The Revised Construction Agreement is on file with the Agency. Similar to the form of Construction Agreement approved on June 14,2005,the Revised Construction Agreement provides that the Agency will monitor and approve the design,construction coordination,and development of certain public improvements on the PH BART Property(the"Public Improvements")which Public Improvements include the replacement BART parking structure containing up to 1550 parking spaces(the"BART Parking Structure"), "placemaking"improvements such as parks,plazas,and the intermodal transit facility(the 1 320\18305380.2 12.5.2005 "Placemaking Improvements"),and the"backbone"improvements such as streets,utilities and other infrastructure. Also,similar to the form of Construction Agreement approved on June 14,2005,the Agency shall pay from tax increment directly or indirectly(through reimbursements or proceeds of bonds secured by a pledge of tax increment) for certain costs of designing and constructing the BART Parking Structure,the Placemaking Improvements and the Backbone Improvements. In particular,the Revised Construction Agreement provides for the Agency payment of up to$43,000,000 for the BART Parking Structure and up to$8,000,000 for the Placemaking Improvements. The Backbone Improvements will cost approximately$7.5 million and will be initially financed with bonds secured by a Mello-Roos special tax or other non-tax increment financing.The BART Parking Structure,the Placemaking Improvements and the Backbone Infrastructure do not involve construction of any buildings,other than the BART Parking Structure. The Revised Construction Agreement also provides for construction or installation of certain improvements to the Pleasant Hill Bart Station(the"Station Enhancements"). Under the Revised Construction Agreement,the Station Enhancements will not be paid for from tax increment;instead they will be paid for certain payments that Developer will make to BART for certain development fee credits and from outside grant funds.No Agency funds are conunitted for the Station Enhancements. The Revised Construction Agreement provides for a process for design and construction of the Public Improvements including the following elements: Developer to complete the design of the BART Parking Structure and obtain BART and Agency approval for that design. - Developer to construct the BART Parking Structure for a maximum price not to exceed $44.161 million;any costs in excess of that amount will be borne by the Developer. - Developer will provide construction bonds and guarantee of completion for the BART Parking Structure. - Schedule contemplates construction of BART Parking Structure to begin by February of 2006 and be completed within 24 months. - Developer will design the Placemaking and Backbone Improvements in conjunction with design of adjacent private improvements and obtain BART and Agency approval for design. Developer to construct Placemaking and Backbone Improvements in conjunction with construction of adjacent private improvements. Developer will construct Placemaking Improvements for a maximum price not to exceed$8 million;any costs in excess of that amount will be paid by Developer. - Funding for Backbone Improvements will be from Mello-Roos bonds or other Developer funding source. - Schedule contemplates construction of Placemaking and Backbone Improvements when BART Parking Structure is complete or earlier if possible. - Developer will provide construction bonds and guarantee of completion for the Placemaking and Backbone Infrastructure. - Developer will pay wages es and maintain requisite insurance in construction %�f 9 of all the Public Improvements. The Agency,BART and Developer will cooperate in effort to construct the Station Enhancements using certain fee payments the Developer will make to BART and any other revenue available for that purpose;no Agency funds are committed for the Station Enhancements. BART commits to the Agency to expend a portion of future net parking revenue to encourage travel to the BART Station by means other than private car. Developer,BART and the Agency each agrees to indemnify the other parties for their respective acts and omissions in carrying out their obligations under the Revised Construction Agreement. In connection with the Agency's consideration of the June 14th,2005 resolution,the Agency staff provided to the Agency a detailed staff report and attached materials including a report from Allan D.Kohn and Associates 2 3 20\1 8\3 05 3 8 0.212.5.2005 which report provided evidence in support of the findings contained in the June 14th 2005 resolution.In connection with the Agency's consideration of this resolution,the Agency staff provided to the Agency a revised detailed staff report and attached materials including a revised report from Allan D.Kotin and Associates which report provides evidence in support of the findings contained in this resolution. In connection with its approval of the form of Revised Construction Agreement and the Agency's related funding of the construction of the Public Improvements as provided for in such agreements,the Agency will make certain findings under Section 33445of the CRL. The development of the Public Improvements which will be funded,in part,pursuant to the Revised Construction Agreement is provided forin pages 20 through 23of the Redevelopment Plan and in the Implementation Plan. Pursuant to Section 33445 of the CRL,the Agency is authorized,with the consent of the County,to pay part or all of the value of the cost of facilities which are publicly owned and are of benefit to the Project Area. Section 33445 requires findings that the facilities for which the Agency will pay are of benefit to the area governed by the Redevelopment Plan(the"Project Area"),that there are no other reasonable means of financing the facilities, that the facilities will assist in the elimination of one or more condition of blight in the Project Area and that the facilities are consistent with the Agency's Implementation Plan. On December 13,2005 by Resolution No.2005/765,the County gave its consent to the Agency to pay part of the cost of the Public Improvements and made the required findings pursuant to Section 33445 of the CRL. The facilities and improvements provided for in the Revised Construction Agreement are consistent with the Final Development Plan(County File DP04-3099)approved by the County Planning Commission on May 24, 2005 for development of the PH BART Property. In approving DP04-3099 the Planning Commission determined that there were not any significant impacts not previously described in the Pleasant Hill BART Environmental Impact Report for Amendments to the Pleasant Hill BART Station Area Specific Plan and adopted on October 6, 1998;and the Mitigated Negative Declaration adopted November 5,2002 for the Preliminary Development Plan and rezoning of the site(County File DP02-3 04 1). An addendum to Mitigated Declaration was prepared for consideration of the Final Development Plan. The Revised Construction Agreement does not make any changes in thp project as considered and described in the Final Development Plan;the Revised Construction Agreement is simply a means of implementing the development described in the Final Development Plan. NOW,THEREFORE,BE IT RESOLVED,that the Agency Board finds the above recitals true and correct. BE IT FURTHER RESOLVED,that the Agency Board hereby approves the form of the Revised Construction Agreement and the transactions contemplated thereby,subject to those reasonable modifications made by the Redevelopment Director of the Agency and approved by legal counsel to the Agency,provided,however, that the Agency funding for the BART replacement parking structure shall not exceed$43,000,000 and that the Agency funding for the"placemaking"Public Infrastructure shall not exceed$8,000,000. BE IT FURTHER RESOLVED,that the Agency Board hereby finds that the development of the Public Improvements to be fandedby the Agency through the and Revised Construction Agreement are of benefit to the Project Area in that those improvements enable the completion of the development of the Project Area,meet the goals of the Redevelopment Plan,eliminates blighting conditions within the Project Area,and will facilitate development of the PH BART Property with transit oriented development making use of the BART Station and other transit facilities already located at the PH BART Property. BE IT FURTHER RESOLVED,that the Agency Board hereby finds that there are no other reasonable means available to the County or BART for financing the development of the Public Improvements to be funded by the Agency through theRevised Construction Agreement. 3 320\18\305380.212.5.2005 BE IT FURTHER RESOLVED,that the Agency Board hereby finds that the payment of funds by the Agency pursuant to the Revised Construction Agreement will eliminate one or more blighting conditions inthe Project Area in that the Public Improvements will facilitate the development of the currently underutilized land adjacent to the BART Station and will provide needed public facilities including plazas,parks,streets,pedestrian walkways and transit facilities. BE IT FURTHER RESOLVED,that the Agency Board hereby finds that the payment of funds by the Agency pursuant to the Revised Construction Agreement is consistent with the Agency's Implementation Plan and the Redevelopment Plan in that both the Implementation Plan and the Redevelopment Plan contemplate construction of the Public Improvements and development of the surface parking lots adjacent to the BART Station. BE IT FURTHER RESOLVED,that pursuant to Section 33445 of the CRL,the Agency is authorized,with the consent of the County,to pay part or all of the value of the cost of facilities which are publicly owned and are of benefit to the Project Area. BE IT FURTHER RESOLVED,thatthe Agency Board hereby rescindsResolution No.2005/353adopted on June 14,2005 approving the earlier version of the Construction Agreement. BE IT FURTHER RESOLVED that on December 13,2005)by enactment of Resolution No.2005/765,the County gave its consent to the Agency to pay part of the cost of the Public Improvements and made the required findings pursuant to Section 33445 of the CRL. BE IT FURTHER RESOLVED,that the Agency shall enter into any and all documents and agreements necessary to accomplish the activities contemplated in this resolution. BE IT FURTHER RESOLVED,that the Redevelopment Director of the Agency,or in the absence or unavailability of the aforementioned person,any officer of the Agency Board,acting alone,shall be authorized and directed to execute the Revised ConstructionAgreement and any and all necessary agreements,certificates or documents necessary to perform and complete any activities contemplated in this resolution and the Revised Construction Agreement. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on December 13,2005 ATTESTED: {01//3 CSr John Sweeten,County Administrator and Clerk of the Board of Supervisors By Deputy Orig.Dept: Redevelopment Agency cc: Community Development County Counsel County Administrator 4 320\18305380.2 12.5.2005