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HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-254 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on may 11, , 2004, by the following vote: AYES: St.IpmISm GJ01A, UIiKM, GFiRE1Vii x, DeSAtIImm and GID NOES: Nome ABSENT:NTone ABSTAIN:N Resolution No.: 2004/254 SUBJECT: (1)making findings and approvals pursuant to the California Community Redevelopment Law, and(2)consenting to the expenditure of Agency funds for the construction of certain infrastructure improvements by OBG At Bay Point, LLC, a California limited liability company ("OBG"). 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. The Agency, Resources for Community Development and the O'Brien'Group, a California corporation("O'Brien"), entered into a Disposition, Development and Loan Agreement dated as of March 11, 2003 (the"DDLA") governing the transfer and redevelopment of 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, through the construction by RCD of fifty-one(5 1)multifamily rental apartment units affordable to low and moderate income persons (the "Apartment Improvements")on a portion of the Property(the "RCD Site") and the construction by O'Brien of sixty-nine(69) single family homes for owner occupancy(the "Single Family Improvements") on a portion of the Property(the "OBG Site") (collectively, the "Development"). Pursuant to an Assignment and Assumption Agreement dated June 24, 2003, OBG assumed all of O'Brien's rights and obligations under the',DDLA. 320\07\17$914.1 1 Resolution 2004/254 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 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. By resolution number RA2003-01, the Agency committed Five Hundred Seventy Thousand Six Hundred Forty Nine Dollars($570,649) in Agency funds for the Infrastructure Improvements serving the Apartment Improvements. By resolution number RA2003-659, the Agency committed Nine Hundred Thirty Nine Thousand One Hundred Twenty Dollars ($939,120)to assist in the construction by OBG of certain of the Infrastructure Improvements to be owned by the County. Upon further refinement of the infrastructure costs the Agency and OBG determined that up to an additional One Million Dollars ($1,000,000) is necessary to construct the Infrastructure Improvements. The Agency desires to commit an additional One Million Dollars ($1,000,000)in Agency funds for the construction of the Infrastructure Improvements to be owned by the County and serving the entire Development(the "Infrastructure Grant"). Five Hundred Thousand Dollars ($500,000) of the Infrastructure Grant would be disbursed to OBG on a cost reimbursement basis and up to Five Hundred Thousand Dollars ($500,000)of the Infrastructure Grant would be disbursed on the sale of the homes in the Single Family Development. The Agency commitment of One Million Dollars ($1,000,000) in Agency funds for the Infrastructure Grant is consistent with the Agency's five-year Implementation Flan(the "Implementation Plan"). The Agency and OBG desire to enter into an infrastructure grant agreement(the "Grant Agreement") governing the use and the disbursement of the Infrastructure Grant. The Negative Declaration previously prepared by the Agency and the County to serve as the environmental documentation under the California Environmental Quality Act for the redevelopment of the Property including construction of the Infrastructure Improvements and the consideration of the DDLA continues to serve as the environmental documentation for purposes of compliance with the California Environmental Quality Act for consideration of the Grant Agreement and the Infrastructure Grant. 3200771178914.1 2 By staff report accompanying this Resolution and incorporated into this Resolution by this reference(the "Staff Report"), the Board 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, in compliance with Section 33445 of the Law, that the Board hereby approves the Infrastructure Grant and finds that based on the facts and analysis set forth in the Staff Report that 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 Infrastructure Agreement. BE IT FURTHER RESOLVED that the Board designates the Clerk of the Berard 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 dopy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.. Ao- IATTESTED. �.�!�... �.. JOHN SWEETS erk of the Board 80perviso tdrn n trator —IS K, Deputy 320107\178914.1 3