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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-166 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Order on March 11, 2043,by the following vote: AYES: @gFEMSORS cion,., UMMM, GLom and DesmxNm NOES: NM ABSENT: N= ABSTAIN: *** DISZRIGT III VACANT*** Resolution No.: 2003/166 SUBJECT: (1)Authorizing execution of a Disposition, Development and Loan Agreement with Resources for Community Development, a California non-profit public benefit corporation("RCD"), and The O'Brien Group, a California corporation ("O'Brien"), (2)making findings and approvals pursuant to the California Environmental Quality Act and the California Community Redevelopment Law, and(3) consenting to the expenditure of Agency Funds for the construction of certain infrastructure improvements. The Board of Supervisors of Contra Costa County RESOLVES THAT: The Board of Supervisors (the "Board")of the County of Contra Costa(the "County") adopted the Bay Point Redevelopment Plan by Ordinance No. 87-102 on December 29, 1987, and subsequently amended by Ordinance No. 94-64 on December 6, 1994 and Ordinance No. 99-05 on February 23, 1999(the "Redevelopment Plan"),which Redevelopment Plan sets forth a plan for redevelopment of the Bay Point Redevelopment Project Area(the "Project Area"). The Contra Costa County Redevelopment Agency(the "Agency") is responsible for administering the Redevelopment Plan to cause redevelopment of the Project Area, including assembly, site preparation and redisposition of property both within and outside the Project Area for private redevelopment consistent with the Redevelopment Plan. Pursuant to Section 33445 of the Community Redevelopment Law(Part 1 of Division 24 of the Health and Safety Code of the State of California(the "Law")),the Agency is authorized, with the consent of the Board,to pay part or all of the cost of the installation and construction of any building, facility, structure, or other improvement which is publicly owned and is of benefit to the Project Area. The Agency owns or is in the process of acquiring an approximately 9.22-acre site(the "Property") located within the Project Area, bounded by Pullman Avenue, Bella Monte Avenue, Fairview Street and Willow Pass Road. 320=166768.2 3/3103 RE9011TT M Nd. 2003/166 The Agency desires to cause redevelopment of the Property through the construction by RCD of fifty-two(52)multifamily rental apartment units affordable to low and moderate income persons (the "Apartment Improvements")and the construction by O'Brien of sixty-nine(69) single family homes for owner occupancy by(the"Single Family Improvements")(collectively, the "Development"). The construction of certain infrastructure improvements (the "Infrastructure Improvements")including the construction of sewer and drainage facilities and traffic improvements on the streets bordering the Development, is necessary to the successful redevelopment of the Property and will therefore be of benefit to the entire community surrounding the Development, and the Project Area as a whole. The Agency desires to enter into a disposition,development and loan agreement(the "DDLA")with RCD and O'Brien(collectively the "Developers"), substantially in the form on file with the Clerk of the Board and the Agency Secretary,pursuant to which the Agency would sell the Property to the Developers and the Developers would develop the Development on the Property and undertake the design and construction of the Infrastructure Improvements, with a portion of the costs of such Infrastructure Improvements that serve the Apartment Improvements to be reimbursed by the Agency. The commitment and expenditure of Five Hundred Seventy Thousand Six Hundred Forty Nine Dollar($570,649)in Agency funds for the Infrastructure Improvements serving the Apartment Improvements (the"Infrastructure Improvements Financing Commitment")is consistent with the Agency's five-year Implementation Plan(the "Implementation Plan"). No other reasonable means of financing the Five Hundred Seventy Thousand Six Hundred.Forty Nine Dollar($570,649)portion of the cost of the Infrastructure Improvements to be paid by the Agency pursuant to the Infrastructure Improvements Financing Commitment are available to the Agency,the County, or the community of Bay Point. Redevelopment of the Property pursuant to the DDLA will serve the purposes of Section 33334.2 of the Law,as well as the goals and objectives of the Redevelopment Plan,by assisting in the elimination of blight in the Project Area and by improving and increasing the community's supply of affordable housing. The Agency intends to apply the Apartment Improvements to be developed in the Development toward satisfaction of its Project Area affordable housing production obligation under Section 33413(b)(2)of the Law. The Agency also intends to utilize the Apartment Improvements to be developed in Development to obtain replacement housing credits pursuant to Health and Safety Code Section 33413(a). The Agency has placed on file a copy of the DDLA and the summary called for in Section 33433 of the Law(the"Section 33433 Summary"),and has made the DDLA and the 32MA166768.2 3/3/03 Section 33433 Summary available for public inspection and copying pursuant to Section 33433 of the Law. The Section 33433 Summary is incorporated in this Resolution by this reference. By actions of October 2, 2000 and December 10, 2002,the Planning Commission of the County of Contra Costa(the"Planning Commission")found and determined,in compliance with Government Code Sections 65402(a)and(c),that the location,purpose and extent of the proposed disposition of the Property to the Developer for the development of the Development pursuant to the DDLA would conform to the County's General Plan. The Board and the Agency have conducted a duly noticed public hearing on the DDLA pursuant to Section 33433 of the Law for the purpose of receiving the input and comments of the public on the DDLA. The County, serving as "lead agency""under the California Environmental Quality Act and the applicable state and local implementing guidelines ("CEQA"),has prepared a negative declaration(including an initial study)that has evaluated(1)the development of the Development on the Property, including construction of the Infrastructure Improvements; and(2) the disposition of the Property by the Agency,provision of financial assistance for the Development by the Agency, and development of the Infrastructure Improvements and the Development,pursuant to the proposed DDLA; (the"Negative Declaration"). The Agency has served as,and has complied with the requirements of, a"responsible agency"under the CEQA in connection with the processing and consideration of the Negative Declaration. The Negative Declaration, a copy of which is on file with the Clerk of the Board and Agency Secretary,has served as the CEQA document for consideration and approval by the Agency and the Board of the DDLA,the disposition by the Agency of the Property,the financial assistance to be provided by the Agency pursuant to the DDLA,the ultimate development of the Development on the Property, and the construction of the Infrastructure Improvements by the Developers, and the related findings and determinations set forth in this Resolution and the companion resolution approved concurrently by the Agency(the "DDLA Actions"). By staff report accompanying this Resolution and incorporated into this Resolution by this reference(the"Staff Report"),the Agency has been provided with additional information upon which the findings and actions set forth in this Resolution are based. NOW, THEREFORE,BE IT RESOLVED,that the Board finds that the above recitals are accurate. BE IT FURTHER RESOLVED,that the Board certifies that, in considering approval of the DDLA Actions,the Board has considered the Negative Declaration and all commentg received during the public review process on the Negative Declaration in accordance with CEQA. 320\07\166768.2 313103 BE IT FURTHER RESOLVED,that the Board finds that the Negative Declaration reflects the independent judgment and analysis of the Board BE IT FURTHER RESOLVED that the Board finds, on the basis of the whole record before it(including the Negative Declaration and any comments received), that there is no substantial evidence that the DDLA Actions will have a significant effect on the environment. BE IT FURTHER RESOLVED,that,based on the foregoing,the Board states its intention that the Negative Declaration serve as the environmental documentation for the Board's consideration of the DDLA Actions in compliance with CEQA. BE IT FURTHER RESOLVED,that the Clerk of the Board is hereby authorized and directed to file a Notice of Determination in accordance with 14 Cal. Code of Regulations, Section 15075. BE IT FURTHER RESOLVED,that, based on the information and analysis set forth in the Negative Declaration,there is no evidence that the DDLA Actions, including development of the Development on the Property and construction of the Infiastructure Improvements,would have any potential for adverse impact on wildlife resources, and,therefore, a Certificate of Fee Exemption will be submitted with the Notice of Determination filed in connection with the DDLA Actions, as required by Public Resources Code Section 21089. BE IT FURTHER RESOLVED, that, pursuant to Section 33433 of the Law,the Board hereby finds that the consideration to be given by the Developers under the DDLA is not less than the fair reuse value of the Property at the use and with the covenants,conditions,and development costs authorized by the DDLA. This finding is based on the facts and analysis set forth in the Staff Report and the Section 33433 Summary accompanying this Resolution,which may be briefly synopsized as follows: a. The fair market value of the Property has been determined to be approximately $1,643,000; and b. The purchase price to be paid for the Property by the Developers under the DDLA is $1,830,153 cash at closing, an amount greater than the fair market value of the Property, and such purchase price is subject to upward adjustment if a pending updated appraisal of a portion of the Property indicates an increase in the fair market value of such portion of the Property. BE IT FURTHER RESOLVED,that,pursuant to Section 33433 of the Law,the Board hereby finds that the conveyance of the Property pursuant to the DDLA will assist in the elimination of blight in the Project Area and is consistent with the implementation plan adopted pursuant to Section 33490 of the Law. These findings are based on the facts and analysis set forth in the Section 33433 Summary and the Staff Report accompanying this Resolution,which may be briefly synopsized as follows: 320\OA166768.2 3/3!03 a. The Development will bring new infrastructure,new economic investment and new high quality residential development to an area which currently experiences significant manifestations of blight in the forms of substandard housing,inadequate infrastructure, inappropriate land uses including a former junkyard, little neighborhood interaction,high criminal activity, and high unemployment,thereby helping to eliminate these blighting conditions in the Project Area and providing affordable housing. b. The development of the Development will implement several specific goals of the Agency's Implementation Plan and is a specifically enumerated activity in the Implementation Plan for the Agency to fulfill its Low and Moderate Income Housing Fund expenditure and housing production obligations. BE IT FURTHER.RESOLVED, in compliance with Section 33445 of the Law,that the Board hereby consents to the Infrastructure Improvements Financing Commitment and finds that (a)the Infrastructure Improvements are of benefit to the Project Area and the immediate neighborhood; (b)the appropriation of funds by the Agency for the Infrastructure Improvements will assist in the elimination of one or more blighting conditions inside the Project Area,and is consistent with the Agency's Implementation Plan; and(c)there are no other reasonable means available to the community to finance the Five Hundred Seventy Thousand Six Hundred Forty Nine Dollar($570,643)portion of the cost of the Infrastructure Improvements to be financed by the Agency. Facts and analysis in support of findings (a)and(b) are set forth in part above; facts and analysis in support of finding(c)may be briefly synopsized as follows: The County does not have current or reasonably anticipated future revenues to fund such cost, and,as a result there are no County funds allocated in the County's capital improvement budget to pay such costs. There are no current or reasonably anticipated other governmental funding sources to pay costs of the Infrastructure Improvements at the federal, state,or local level. BE IT FURTHER.RESOLVED,that construction of the Infrastructure Improvements is an integral component of the Development; that close coordination is required between construction of the Infrastructure Improvements and the surrounding simultaneous construction of the Development, that timely completion of the Infrastructure Improvements is essential to the overall elimination of blight in this portion of the Project Area,and, in turn,to the successful redevelopment of the Property; and that,under these circumstances, construction of the Infrastructure Improvements can be most efficiently,timely,and cost-effectively performed by and under the supervision of the Developers and in accordance with the procedures set forth in Section 5.2 of the DDLA. BE IT FURTHER RESOLVED,that pursuant to Section 33433 of the Law, the Board hereby approves the DDLA and all ancillary documents; approves execution by the Agency Redevelopment Director of the DDLA and all ancillary documents in substantially the form on file with the Clerk of the Board and the Agency Secretary,with such changes as are approved by the Agency Redevelopment Director(such approval to be conclusively evidenced by the execution of the DDLA); and approves the sale of the Property by the Agency pursuant to the provisions of the DDLA. The Board hereby approves execution of the DDLA by an affiliate of 3201071166768.2 3/3/03 RCD or an affiliate of O'Brien(in place of RCD or O'Brien),provided the applicable requirements of Article 7 of the DDLA with respect to transfers are satisfied by such affiliate. BE IT FURTHER RESOLVED that the Board designates the Clerk of the Board and the Secretary of the Agency as the custodian of the documents and other material which constitute the record of proceedings upon which the decision herein is based. These documents may be found at the office of the Agency at 651 Pine Street,North Wing,4th Floor Martinez, CA 94553. BE IT FURTHER RESOLVED that this Resolution shall take immediate effect from and after its passage. 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 the date shown. - ATTESTED: JOHN SWEVEN, mrd By . 320\07M 66768.2 313103