The URL can be used to link to this page

Home My WebLink AboutMINUTES - 04021996 - C50 Contra TO: REDEVELOPMENT AGENCY •.�'� Costa FROM: Phil Batchelor 'r a J County Executive Director DATE: April 2, 1996 SUBJECT: Settlement Agreement - City of Pleasant Hill v. Contra Costa County, Contra Costa County Redevelopment, and BART SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS ACCEPT Settlement Agreement and Stipulation for Judgment, and AUTHORIZE the Chair to execute said Settlement Agreement with the City of Pleasant Hill and the San Francisco Bay Area Rapid Transit District (BART) on behalf of the County and the County Redevelopment Agency. FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS On October 24, 1995, the Redevelopment Agency approved the Amended and Restated Acquisition and Development Agreement relating to the BART property in the Pleasant Hill BART Station Area. The City of Pleasant Hill filed a lawsuit seeking to invalidate the County and Agency's approval of the Amended and Restated Acquisition and Development Agreement on the grounds of alleged failure to comply with CEQA. CONTINUED ON ATTACHMENT: XX YES SIGNATURE: RECOMMENDATION OF EXECUTIVE DIRECTOR R OMMEN TION OF INCY COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF AGENCY ON Apr i1 2 , 1996 APPROVED AS RECOMMENDED x OTHER VOTE OF COMMISSIONERS 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. Contact: Jim Kennedy 335-1255 ATTESTED April 2 , 1996 cc: County Administrator PHIL BATCHELOR County Counsel AGENCY SECRETARY Community Development via Redevelopment BART Contra Costa Centre Association BY 44 LI-L-1 DEPUTY Walden District Improvement Assoc. JKAh sra22/phbart2.bos L ' Staff and attorneys for the City of Pleasant Hill, the County and BART have negotiated a Settlement Agreement that includes the following items: 1. A Traffic and Land Use Study will be undertaken (already underway); 2. The Traffic Study will be jointly managed by the County and the Contra Costa Transportation Authority; 3. The City will agree to be the lead agency for the Transportation Authority's Measure C funding of the Study, and will seek the necessary appropriation resolution from the Authority; 4. The City will enter into an agreement with the County, County Redevelopment Agency and the Transportation Authority to ensure that 50% of the Traffic Study costs are reimbursed to the County; 5. City agrees not to bring any future suit in the Specific Plan Area on the grounds that the technical data and assumptions used in the Traffic Study were incorrect; 6. The parties acknowledge that future actions (General Plan/Specific Plan Amendments) will consider the results of the Traffic Study, and will be processed in accordance with CEQA; 7. The existence of the Amended and Restated Acquisition and Development Agreement between the County, the County Redevelopment Agency and BART does not limit the discretion of the County in considering the General Plan/Specific Plan Amendments under consideration. The City of Pleasant Hill City Council has approved this Settlement Agreement. The Board of the Bay Area Rapid Transit District is scheduled to consider this Settlement Agreement on March 28, 1996. 03,'1 /96 09:52 $`415 73$ 5341 GOLUFARB LIPMAN IaOO2/004 C So J SETTLEMENT ,A,GREEMN'T' AND STIPULATION FOR JUDGMENT • This Agreement is made as of this- day of , 1996, by and among the County of Contra Costa ("County"), the Contra Costa County Redevelopment Agency ("Agency"), the San Francisco Bay Area Rapid District ("BART"), and the City of Pleasant Hill ("City") with reference to the following: A. On or about October 24, 1995, the Board of Supervisors authorized the Amended and Restated Acquisition and Development Agreement ("ADA") relating to certain property owned by BART in the area ("Specific Plan Area") governed by the Pleasant Hill BART Station Area Specific Plan ("Specific Platt,"). On or about November 22, 1995,the County, Agency and BART entered into the ADA. The portion of the Specific Plan Area that is the subject of the-ADA is referred to in the ADA and in this Agreement as the "BART Development Property." B. On or about November 22, 1995, the City filed a lawsuit (the "Litigation") against County, Agency and BART (Contra Costa County Superior Court Action No. C95-05163) seeking to invalidate the County and Agency's approval of the ADA on the grounds of alleged failure to comply with the California Environmental Quality Act ("CEQA"). C. The Parties wish to resolve the Litigation without resort to further court action. Therefore, the parties agree as follows: Section 1. Traffic and Land UsQ Stud . The County has begun and shall continue and complete a CEQA level study of traffic, alternative circulation improvements and alternative land uses in and adjacent to the Specific Plan Area (the "Study"). The Study shall include, as part of its examination of the base case of development in accordance with the existing Specific Plan, the construction of a four-lane arterial on the former Southern Pacific right of way, extending from Monument Boulevard to the Pleasant Hill BART Station (the "SP Arterial") as shown in the existing Specific Plan. The Study shall be jointly managed by the County and the Contra Costa Transportation Authority (the "Authority").' The Authority staff will.provide an independent review and approval of the technical assumptions, standards and criteria of the Study including but not limited to level of service calculations, trip generation, trip distribution, origin and destination, and modal split. The Authority's staffs written approval of the Study will be limited to certification that the Study has been carried out in conformance with the Authority's adopted "Technical Procedures" dated August 1992 and including "Intersection Level of Service Analysis Program, User's Manual" dated September 1992, as used for similar traffic studies. Coordinating meetings between the traffic consultant and the County and Authority staff will be held weekly, or as frequently as needed. To the maximum extent possible, direction to the consultants for the Study and responses to the consultants questions will be by written communication approved by both County and Authority representatives and copies will be provided to the City. City agrees to be the lead agency for the Authority's Measure C funding of the Study, will seek the necessary appropriation resolution from the Authority and will enter into an appropriate agreement to ensure that fifty percent (50%) of study costs are reimbursed to the County. 31141% 71e:1wp511PkaeaoC58etYo.Qn l d 031115/96 09:52 $415 788 5347 GOLDFARB LIP31AN 17j003/004 Section 2. Effect Qf Study. Provided the Authority staff reviews and approves of technical assumptions, standards and criteria of the Study, then the City shall not bring any future suit to invalidate any,permit or approval for development in the Specific Plan Area on the grounds that the technical data and assumptions used in the Study or the technical conclusions of the consultants arising from the data and assumptions were incorrect or mistaken in any respect or aspect. However, the foregoing shall not preclude the City or any interested person or party from challenging an approval for development in the Specific Plan Area on grounds other than that the technical data assumptions used in the Study or the technical conclusions of the consultants arising ;From the data and assumptions were incorrect or mistaken. Section 3. ADA Land Uses and Densities. The following provisions of the ADA relate to land use standards for development and development densities: a) Recital K; b) Section 1(c); c) Section 4.2; d) Section 4.3; e) Section 4.5; f) Section 4.7, except for acknowledgement of completion of certain mitigation measures as reflected in the fifth sentence of said section; g) Section 4.8; h) Section 4.15, last three sentences; and i) Section 6.2, first sentence. Section 4. PIan Amendments. After completion of the Study and consideration of the results of the Study, the County may amend the Specific Plan and the County General Plan as it relates .to the Specific Plan Area and adjacent areas. Any such amendment shall, be processed in accordance with CEQA and after consideration of the results of the completed study, and BART agrees that the ADA shall not limit the discretion of the County or the Agency in considering any such amendment. Section 5. ADA Amendments. Nothing in this Agreement prevents BART, the County and the Agency from amending the ADA at any time following execution of this Agreement. Any such amendment shall be processed in accordance with CEQA and after consideration of the results of the completed Study. Section 6. Effect of the ADA. In considering any application relating to development of the BART Development Property, including but not limited to an application made by Western Development Group or any other entity, the County and BART agree that those specific provisions of the ADA which are identified in Section 3 above and which vest development densities and land use standards for development shall not limit the discretion of the County or the Agency in considering any such application. Any such applications shall be processed in accordance with CEQA and in consideration of the completed Study. 3/141% Qj1/15.96 09:53 - $415 788 5347 GOLDFARB LIPMAN Z 004/004 ,r C ya / Y ' Section 7. J71sposition of Litigation, Enforcement. Promptly following approval and execution of this Agreement by all the parties, the City shall dismiss the Litigation with prejudice. This Agreement shall be deemed to be a judgment entered in the Litigation which may be enforced in the same manner as an entered judgment by a party claiming that another party has breached this Agreement. Such rights of enforcement shall include the right to apply to and obtain from the court an order and/or issuance of a writ of mandate enforcing this Agreement. Section 8. Miscellaneous. Each party shall bear its own costs, expenses and attorneys fees in connection with the Litigation. This Agreement shall be governed by the laws of the State of California and represents the entire agreement of the parties as to the subject mutter of this Agreement. COUNTY OF CONTRA COSTA- BY: CONTRA COSTA COUNTY REDBV UOPNM—W AGENCY BY: SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT BY: CITY OF PLEASANT BILL BY: 31]4!96 -nc:NwpsiU'k,,,n .cm 3