Loading...
HomeMy WebLinkAboutMINUTES - 05152007 - C.60 `® TO: BOARD OF SUPERVISORS Contra FROM: John Cullen, County Administrator of Costa -�;4o DATE: May 15, 2007 `Osrq ------ `A County SUBJECT: Proposed Mirant Power Plant Boundary Reorganization SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: 1. ADOPT attached Resolution 2007/255 determining the allocation of property taxes for the proposed Mirant Power Plant Annexation to the City of Pittsburg (LAFC 06-16); 2. AUTHORIZE and APPROVE the Chair, Board of Supervisors to execute the attached Agreement for Allocation of Tax Revenues Between the County of Contra Costa and the City of Pittsburg for the Mirant Power Plant Annexation Area, and; 3. AUTHORIZE and APPROVE the Fire Chief, Contra Costa County Fire Protection District, or designee, to execute the attached Agreement among the Contra Costa County Fire Protection District, the City of Pittsburg, and the Pittsburg Redevelopment Agency for the Pittsburg Fire Station Replacement Project. FISCAL IMPACT: The attached agreements will: 1. Protect the County's gas surcharge revenue and franchise fees (approximately $300,000 in 2006 and with significant growth potential); 2. Offset potential property tax revenue loss, in the event that the City places a significant portion of the annexed area into redevelopment, by implementing a 50% split in sales tax revenue that will be generated in the annexed area, and; 3. The City of Pittsburg and the Pittsburg Redevelopment Agency will be responsible for construction costs for the relocation of two existing fire stations and a fire prevention bureau facility. These costs are not to exceed $10 million. The District will pay all costs connected with preparing design and engineering plans for the facilities. The District has already paid for most of the project plans. These facilities will be trans redVo the Fir ProjectionjDistrict upon their completion. CONTINUED ON ATTACHMENT: x YES SIGNATUR . RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION O O RD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON l Q APPROVED AS RECOMMENDED L� O ER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT XCOPY OF AN ACTION TAKEN AND ENTERED ON MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. UNANIMOUS(ABSENT �j�LC� ) AYES: NOES: ABSENT: ABSTAIN: Contact: Rich Seithel(335-1024) cc: County Counsel-Attn: Sharon Anderson ATTESTED LGGJ�J �OD Contra Costa Fire Protection District JOHN CULLE ERK OF THE BOARD OFSUPERVISORS Community Services Department County Administration—Attn: Rich Seithel BY: DEPUTY . G • lmd THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 15, 2007, by the following vote: AYES: Gioia, Uilkema, Bonilla,Glover and Piepho NOES: None ABSENT: None ABSTAIN:None Resolution No. 2007/255 Subject: Determination of Property Tax Exchange for the Proposed Mirant Power Plant Annexation Area WHEREAS, Section 99 of the Revenue and Taxation Code provides that the City and County shall agree by resolution to exchange property tax revenues among themselves and any affected agencies in the event of a jurisdictional change; and WHEREAS, the Mirant Power Plant Annexation (LAFC 06-16) involving annexation of territory to the City of Pittsburg is excluded from the application of the master property tax transfer agreement between the City and the County because the assessed value of the affected territory exceeds $10,000,000; and WHEREAS, the Diablo Water District has agreed to zero property tax exchange transfer; and there is an existing agreement with the Contra Costa Water District (County Resolution 92/219); and WHEREAS, the City of Pittsburg and the County have agreed that, notwithstanding the amount of the assessed value and the sales tax revenue related to the territory of the subject reorganization, the master property tax transfer agreement (County Resolution 80- 1376)(Attachment A) shall apply to the reorganization. NOW, THEREFORE, BE IT BY THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY RESOLVED that (1) in accordance with Section 99 of the Revenue and Taxation Code the property tax transfer for the affected agencies in the area of the Mirant Power Plant Annexation (LAFC 06-16) shall be in accordance with the master property tax agreement, and (2) in accordance with Section 55700, et seq. of the Government code, all sales and use tax revenue collected by the City from the Mirant Power Plant Annexation Area shall be apportioned 50%to County and 50%to City as set forth in the Agreement for Allocation of Tax Revenues Between the County of Contra Costa and in the City of Pittsburg for the Mirant Power Plant Annexation Area. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervis rs on the date shown: ATTESTED: �� 4/7 JOHN CULLEN, gerk of the Board of Supervisors and County Administrator By eputy Contact: Rich Seithel, CAO cc: County Administrator Auditor-Controller—Attn. Sue Turner County Counsel Community Development City of Pittsburg Resolution No. 2007/255 BACKGROUND: The City of Pittsburg filed an application with LAFCO (LAFC 06-16) to annex an unincorporated area known as the Mirant Power Plant Area. This area includes approximately 1,500 acres and is located north of Willow Pass Road and south of the Suisun Bay. During the November 8, 2005 Election, the citizens of Pittsburg approved Measure P. Measure P extended the City of Pittsburg's urban limit line to include the area that is now being considered for annexation. The City has an interest in future land use/design control of the Mirant Power Plant area and has an interest in possible partnerships with Mirant in the future through the City's Power Company. The City also has an interest in facilitating the construction of a multi-use trail along the former Sacramento Northern Railroad right-of-way. In addition, the City intends to preserve the wetlands and salt marsh habitats along the Suisun Bay waterfront. Furthermore, in addition to gaining land-use control over the Mirant power plant site in the industrial designation, the City would also like to provide a more attractive streetscape along the Willow Pas Road corridor, encourage private investment and redevelopment of Willow Pass Road, east of Range Road, and actively pursue redevelopment of vacant and underutilized parcels along Willow Pas Road with business and service commercial uses. The City adopted Resolution Number 07-1197 agreeing to the utilization of the master property tax exchange factors for the annexation, the distribution of sales, franchise, and property tax generated in the annexed area, and for the construction of two replacement fire stations for Stations 84 and 85 and a Fire Prevention Bureau facility during their May 7, 2007 combined Redevelopment Agency, Pittsburg Power Company, and City Council meeting. Section 99 of the Revenue and Taxation Code provides that a city and county shall agree by resolution to exchange property tax revenues among themselves and any affected agencies in the event of a jurisdictional change. Attached are Resolution Number 07-10778, 07-10777 and 07-1197 (Attachments B, C, and D) adopted by the City and agreeing to the utilization of the master property tax exchange factors for the annexation, the distribution of sales, franchise, and property tax generated in the annexed area, and for the construction of two replacement fire stations for Stations 84 and 85 and a Fire Prevention Bureau facility during their May 7, 2007 combined Redevelopment Agency, Pittsburg Power Company, and City Council meeting. The County and City of Pittsburg have agreed to use the existing Master Property Tax Agreement. Under the terms of that Agreement, the City shall be allocated 25.205% of the County's base tax and 50.41% of the County's annual tax increment allocation factor. The Annexation Area is entirely within the City's Sphere of Influence. Upon annexation, and development begins, the County will realize growth in its property tax revenue that it may not have otherwise received. In addition, the Allocation of Tax Revenues Agreement and the Fire Station Replacement Project Agreement terms include: • All Sales and use Tax Revenue collected by the City from the Annexation Area shall be apportioned 50% to County and 50% to City; • The City shall remit to the County any and all surcharge revenues received from PG&E for the preceding year for the account of transportation customers located in the Annexation Area (estimated at $300,000 for 2006 and will dramatically increase if Mirant upgrades their existing facility or if a new or additional plant is built) ; • City shall remit to the.County any and all Franchise Fees it receives from PG&E for the preceding calendar year that were generated from the miles of gas transmission pipes and electricity transmission lines in the Annexation Area; • The City of Pittsburg and the Pittsburg Redevelopment Agency will construct two new fire stations and a fire prevention bureau facility for the Fire protection District. The new fire stations will replace the existing Fire Station 84 and the existing Fire Station 85. The new Station 84 will be located at 1903 Railroad Avenue in Pittsburg. The new station 85 will be located at 2331 Loveridge Road in Pittsburg. The fire district owns both of these properties. The fire prevention bureau will be located adjacent to the new Station 85. The City and Agency will be responsible for construction costs, which are anticipated to not exceed $10 million. Following the completion of each facility, title to that facility will be transferred to the Contra Costa County Fire protection District. When all three facilities are complete, the Fire protection District will convey 2555 Harbor Street to the City or Agency. The 2555 Harbor Street property is where Station 85 is currently located and is adjacent to the City's Small World Park. AGREEMENT FOR ALLOCATION OF TAX REVENUES BETWEEN THE COUNTY OF CONTRA COSTA AND THE CITY OF PITTSBURG FOR THE MIRANT POWER PLANT ANNEXATION AREA This Agreement for Allocation of Tax Revenues between the County of Contra Costa and the City of Pittsburg for the Mirant Power Plant Annexation Area (this"Agreement') is entered into as of this /S-day of jy, 2007, by and between Contra Costa.County ("County") and the City of Pittsburg ("City's, pursuant to Resolution No. 2007/2s adopted by the Board of Supervisors of County and Resolution No.2007/±!I adopted by the City Council of City. WHEREAS, on December 2, 1980, County and City entered into that certain Master Property Tax Transfer Agreement for Allocation of Property Tax between. County of Contra Costa and the City of Pittsburg Upon Jurisdictional Changes (attached hereto as Exhibit A, the "Master Agreement'),pursuant to duly adopted resolutions,and WHEREAS, on September 21;2006, City.submitted to the Contra Costa County Local Agency Formation Commission ("LAFCO") its application for the annexation of the Mirant power plant area (as such area is described in City's annexation application (LAFCO Proposal No, 06-16),as approved by LAFCO,the"Annexation Area") (the"Mirant Annexation'),and WHEREAS, Government Code Section 56000, et seq. (the Cortese=Knox-Hertzberg Local Government Reorganization Act of 2000) and Revenue and Taxation Code Section 99 require County and City to negotiate an exchange of property tax revenues as a condition of LAFCO's approval of the Mirant Annexation, and WHEREAS,the electricity producing plant located in the Annexation Area and currently owned by Mirant(the"Mirant Power Plant"), and other energy transportation customers located in the Annexation Area generate surcharge revenue-which is remitted to County,and WHEREAS, County has granted a franchise to Pacific Gas and Electric Company ("PG&E' , whereby PG&E pays County a certain amount for the privilege of transmitting electricity and gas through lines and pipes located in the Annexation Area,and WHEREAS, County and City desire to establish herein the respective allocation of property taxes, sales and use taxes, franchise fees and surcharge revenues generated in the Annexation Area NOW,THEREFORE,County and City hereby agree as follows: A. Pro___p_eM Tax Revenues. Notwithstanding any potential exclusions set forth in. the Master Agreement, including but not limited to Section 2(3)thereof, the Master Agreement will apply to and govern the allocation of property tax revenues generated in the Annexation Area. The Master Agreement will apply to the allocation of property taxes for the Mirant Annexation irrespective of the assessed value of the Annexation Area. City and County agree that, pursuant to Revenue and Taxation Code Section 99(6)(8), the Master Agreement shall apply to determine the allocation between the parties of property tax revenue generated from the Annexation Area in lieu of the negotiation process set forth in Revenue and Taxation Code Section 99(e). B. Sales Tax Revenues. 1. Pursuant to Government Code Section 55704.5 and the-resolutions set forth in the recitals above, the governing bodies of City and County have resolved to apportion the Sales and Use Tax Revenue that City receives from the Annexation Area as set forth herein. For the purposes of this Agreement, the-term"Sales and Use Tax Revenue" shall mean revenue derived from the tax collected pursuant to Revenue and Taxation Code Section 7200, et seq. (the Bradley-Burns Local Sales and Use Tax Law). All Sales and Use Tax Revenue collected by City from the Annexation Area shall be apportioned fifty-percent (50%) to County (the "County's Share?%and fifty-percent(50%)to City. 2. Not later than November i of each year, City shall remit to County's Auditor- Controller County's Share of the total amount of Sales and Use Tax Revenue received by City from the Annexation Area during the preceding fiscal year. County and its Auditor-Controller shall have the right to audit City's books to verify the amount remitted as County's Share. C. Franchise Fees and Surcharge Revenues. 1. Pursuant to Public Utilities Code Sections 6350 through 6354.1, Transportation Customers, including the Mirant Power Plant, located in the Annexation Area are obligated to pay a surcharge to Energy Transporter PG&E, who then remits the surcharge to County(such amounts,the"Surcharge Revenues'). 2. Notwithstanding the fact that after the Mirant Annexation is completed, Transportation Customers located in the Annexation Area will be located.in City's jurisdiction, the parties hereto agree that County is entitled to, and shall receive from City any and all Surcharge Revenues generated from Transportation Customers located in the Annexation Area as if the Mirant Annexation had not occurred and the Annexation Area was still located in County's jurisdiction.- 3. Not later than May 31 of each year, City shall remit to County any and all Surcharge Revenues received from PG&E for the preceding calendar year for the account of Transportation Customers located in the Annexation Area Along with each remittance, City shall provide County with supporting documentation indicating the Transportation Customers paying the surcharge and the surcharge amount paid during the preceding year, such documentation to include data provided to City by PG&E. 4. Pursuant to resolution and Public Utilities Code Section 6201, et seq., County has granted a franchise to PG&E and its successors and assigns for the right to transmit electricity and gas,respectively,through lines and pipes located in the unincorporated area of the County, including lines and pipes located .in the Annexation Area and PG&E pays county franchise fees(the"Franchise Fees")for such rights (the"Franchise"}. 2 of 4 5. Notwithstanding the fact that after the Mirant Annexation is completed, certain miles of gas transmission pipes and electricity transmission lines currently subject to the Franchise will be located in City's jurisdiction,the parties hereto agree that County is entitled to, and shall continue to receive any and all Franchise Fees as if the Mirant Annexation had not occurred and the Annexation Area was still located in County's jurisdiction. 6: Not later than May 31 of.each year, City shall remit to County any and all Franchise Fees it receives from PG&E for the preceding calendar year that were generated from the Annexation Area. Along with each remittance, City shall include supporting documentation indicating the number or miles of gas transmission pipes and electricity transmission lines in the Annexation Area and the respective per mile fee for gas transmission pipes and electricity transmission lines,such documentation to include reports provided to City by PG&E. 7. Capitalized terms used in this Section C that are not otherwise defined herein shall have the meanings ascribed thereto in California Public Utilities Code Section 6351. D. Miscellaneous. 1. Exhibit A attached hereto and referenced herein is deemed incorporated into this Agreement and made a part hereof. To the extent any provision of the Agreement conflicts with any provision set forth in the Master Agreement,this Agreement shall control. 2, This Agreement does not change the property tax revenues accruing to other agencies currently serving the Annexation Area, or such agencies' rights to collect taxes for existing bonded indebtedness. 3. This Agreement and the attached Exhibit A constitute the entire agreement between the parties hereto relating to the subject matter of this Agreement. 3 of 4 4. The effectiveness of this Agreement is conditioned upon the Mirant Annexation being completed and shall have no force and effect unless and until the Mirant Annexation is completed. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date fust set forth above. COUNTY OF CONTRA COSTA, a political Subdivision of e S of California B . BY: Chairperson of o Cullen,Cler of the the Board of Supervisors LAoard of Supervisors CITY OF PITTSBURG, a Municipal Corporation Approved as to Form: By: BY: Aen n, Mayor of the fsF4thann Ziegler, ey for City of Pittsburg dity of Pittsburg Attest: By: � � ' Alice E.Evenson, Clerk of FORM APPROVED the City of Pittsburg SILVANO B.M CHEST, unty o el By Deputy 4.of 4 AGREEMENT AMONG THE CONTRA COSTA COUNTY FIRE PROTECTION.DISTRICT, THE CITY OF PITTSBURG,AND THE PITTSBURG.REDEVELOPMENT AGENCY FOR THE PITTSBURG FIRE STATION REPLACEMENT PROEJCT The Contra Costa County Fire Protection District,a fire protection district existing under the laws of the State of California("District'), the City of Pittsburg, a municipal corporation ("City'),and the Redevelopment Agency of the City of Pittsburg, a public body corporate and politic existing under the laws of the State of California("Agency'),mutually agree and promise as follows: RECITALS A. The District operates three fire stations within the City. The District would liketo relocate two of these fire stations—Fire Station 84.and Fire Station 85.—toother locations in the City,within the Agency redevelopment project area,in order to better serve the City..The District also.would like to construct a new.Fire Protection Bureau facility in'the City, within the Agency redevelopment project area The Fire Prevention Bureau would provide building plan review services,commercial structure fire inspections,and fire and life safety public education. B. Fire Station 84 is currently located at the District-owned property.commonly.known as 200 East Sixth Street in the City of Pittsburg . The District intends to relocate Fire Station 84 to the District-owned property commonly known as 1903 Railroad Avenuein the.City.of Pittsburg. The relocated Fire Station 84 will be approximately 5,700 square feet. C. Fire Station 85 is currently located at the District-owned property commonly known as 2555 Harbor Street in the City.of Pittsburg. Also located at 2555.Harbor Street are one anterma tower.approximately 100 feet tall,two approximately 8-foot-by-10-foot equipment structures, and onee diesel emergency generator with a fuel transfer pump and above-ground fuel storage tank.. The.District intends to.relocate Fire.Station 85 to the District-owned property commonly known as 2331.Loveridge.Road in the.City of Pittsburg. The relocated Fire.Station 85 will be.approximately 7,300 square feet.The District also.intends.to locate a Fire Prevention Bureau adjacent to the relocated Fire Station 85 at the same site. The Fire Prevention Bureau will be approximately 6,000 square feet. D. The City would like to acquirefrom the District the property at 2555 Harbor Street to expand the City's Small World Park,which is located adjacent to 2555 Harbor Street. E. California redevelopment law(Health and Safety Code.section 33445) authorizes redevelopment agencies to pay for fire district capital improvements,either within or outside the project area, if the buildings,facilities, structures or other improvements are of 1 benefit tothe redevelopment project area or the immediateneighborhood in which the project is located. The Railroad Avenue.Property and Loveridge Road Property are located within the.Agency redevelopment project area. The Agency's governing body has found, pursuant to.Health and Safety Code section 33445,that the relocated Fire Station 84,the relocated Fire Station 85, and the.Fire.Prevention Bureau will be of benefit to the Agency redevelopment project area. NOW,THEREFORE,the parties agree as follows: AGREEMENT 1. Definitions. As used in this Agreement,the following terms have the following meanings: (a) "FPB Project Segment"means the construction of a Fire Prevention Bureau at the Loveridge Road Property. (b) "Harbor Street Equipment".means,collectively,thee one antenna tower.approximately 100 feet tall,the two.approximately 8-foot-by-10-foot equipment structures, and the one diesel emergency generator with fuel transfer pump and above-ground fuel storage tank located at the Harbor.Street Property. (c) "Harbor Street Property".means APN 088-220-010,commonly known as 2555 Harbor Street in the City of Pittsburg. (d) "Loveridge Road Property"means APN 088-161-031,commonly known as 2331 Loveridge Road in the City of Pittsburg. (e) "Project".means,collectively,the Station 84 Project Segment,the Station 85 Project. Segment, and the FPB Project Segment. (fl "Railroad Avenue Property"means APN 086-190-035.and APN 086-190-036, commonly known as 1903 Railroad Avenue in the City of Pittsburg. (g) "Station 84.Project Segment".means the construction of Fire Station 84 at the Railroad Avenue Property. (h) "Station 85 Project Segment"means the construction of Fire Station 85 at the Loveridge Road Property. 2. Purpose.. The purpose of this Agreement is to providee for the apportionment of responsibilities and costs among the parties for the construction of the Project. 2 A = B x 1/2C D = B - A Where A = the amount of the County' s base tax to be transferred to the City. This amount plus the base tax transferred from special district (s) becomes the City' s initial base tax for the tax rate area. B = the County' s base tax before the transfer. C = the portion (expressed as a percent) of the County' s annual tax increment factor that will be transferred to the City from the County as determined by the formula expressed -in Paragraph 7 . a. (3) (B) below. D = the County' s base tax after the transfer. (B) Annual tax increment. C = F - H T_+ G —H (If "H" is greater than "F" , then C shall be zero J = (E x C) + .H K = E - (E x C) Where C = the portion (expressed as a per- cent) of the County' s annual tax increment allocation factor that will be transferred to the City from the County. E = the County' s annual tax increment allocation factor before the transfer. F = 24.50 0 (this is the City' s portion of the total fiscal year 1979-80 property tax allocation within the City' s boundaries. ) G = 24.11 % (this is the County' s portion of the total fiscal year 1979-80 property tax allocations within the City ' s boundaries) H = the total of the annual tax increment allo- cation factors which will be transferred to the City from special districts in accordance with Revenue and Taxation Code Section 99 . -4- J = the City' s annual tax increment allocation factor after the transfer allocation. K = the County' s annual tax increment allocation factor after the transfer calculation. b. Subsequent years. In each subsequent year City' s and County ' s allocation of property taxes from the affected territory will be made as set forth in Revenue and Taxation Code Sections 97 and 98. Each agency each year will be allocated its base tax (i.e. the tax allocated to the agency in the preceding year including the previous year's annual tax increment) plus its share of the current year' s annual tax increment for the affected territory, such share being calculated by multiplying the tax resulting from growth in assessed valuation in the affected territory during the year times the agency' s annual tax increment allocation factor (s) for that territory as determined in Paragraph 7a (2) or 7a (3) (B) above. The result (i.e. base plus increment) becomes the base tax for the next year' s tax allocation calculations. Each agency' s base tax and annual tax increment allo- cation factors may be subsequently modified only through negotiated exchanges in accordance with Revenue and Taxation Code Sections 99 and/or 99 .1 for subsequent jurisdictional changes. Dated: LxIlePz Chairwomaly, Boar Supervisors Dated: hairman, City C cil FOR*' APPROVED BY COUNTY COUNSEL (11-25-80) -5- RESOLUTION NO. 80-6561 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PITTSBURG DETERMINING THE AMOUNT OF PROPERTY TAX REVENUE TO BE EXCHANGED WITH CONTRA COSTA COUNTY IN ACCORDANCE WITH SECTION 99 OF THE REVENUE AND TAXATION CODE WHEREAS, the Council of the City of Pittsburg has authorized the annexation for the Baysgate development 'and is aware of other annexations ready..to be �su:bmitted to the L6cal Agency Fo=mation.Commission; and WHEREAS, Section 99 of the Revenue and Taxation Code provides that such jurisdictional changes shall not become effective until the governing bodies determine the amount of property tax revenue to be exchanged; and WHEREAS, the Board of Supervisors of Contra Costa County have adopted resolutions authorizing the exchange of property tax revenues subject to the City of Pittsburg adopting a resolution concurring with the proposed transfer. NM4, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg does hereby determine the amount of property tax revenue to be exchanged in accordance with Section 99 of the Revenue and Taxation Code as follows: That the City of Pittsburg shall receive for fiscal year 1981-82 only twenty-five and twenty-one one-hundredths percent (25.21%) of the County's .share of property taxes allocated to these areas pursuant to Sections 96 and 97 of the Revenue and Taxation Code (base tax) and fifty and forty-one one-hundredths percent (50.41%) of the County's, share of property taxes generated by the incremental growth in assessed valuation pursuant to Section 98 (incremental tax) of the Revenue and Taxation Code from areas being annexed to the City which may be approved by the Local Agency Formation Commission prior to December 31, 1980 and conform to the specifications set forth in Government Code Section 3515O(f) , and the County will retain the balance of said taxes. For purposes of tax allocation calculations in succeeding years, the amounts referred to as property tax revenues allocated to jurisdictions in prior fiscal year in Sections 97(a) and 98(e) of the Revenue and Taxation Code shall be modified by the amount derived from the above calculation. This resolution does not change the property tax revenues accruing to other agencies serving the subject territory or the affected agencies' right to collect taxes for existing bond indebtedness. BE IT FURTHER RESOLVED that this resolution intends to reflect the uniform agreement for the exchange of property taxes for all cities in this County recently negotiated by the County Administrator and the City Managers and shall be superseded by that uniform resolution once adopted. PASSED AND ADOPTED, by the City Council of the City of Pittsburg, California, this 14th day of October , 1980, by the following vote: AYES: Councilmembers DeTorres Downing. Rives Siino & 'favor Ouesada NAYS: None ABSLNT: None ABSTALNED: None l ATTEST: MAYOR CITY CLEIM ! APPROVED AS TO FORM: C TY ATTOPUNEY -2- 80-6561 ATTACHMENT B BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG In the Matter of: A Resolution of the City Council of the City ) of Pittsburg, California, Authorizing the ) Execution of an Agreement with Contra ) RESOLUTION NO. 07-10778 Costa County for the Allocation of Tax ) Revenues ) The City Council of the City of Pittsburg DOES RESOLVE as follows: WHEREAS, the City Council (the "City Council") of the City of Pittsburg (the "City") has authorized the Mirant Power Generation Plant Annexation (the "Annexation Area") located immediately northwest of the City's existing jurisdictional boundary, south of the Contra Costa/Solano County border at Suisun Bay, north of Willow Pass Road, and has a westerly boundary along the western edge of Mallard Slough and Mallard Island (approximately 1,091 acres); and WHEREAS, on December 2, 1980, Contra Costa County (the "County") and City entered into that certain Master Property Tax Transfer Agreement for Allocation of Property Tax between the two jurisdictions; and WHEREAS, on September 21, 2006, City submitted to the Contra Costa County Local Agency Formation Commission (the "LAFCO") its application for the annexation of the Annexation Area (LAFCO Proposal No. 06-16); and WHEREAS, Government Code Section 56000, et seq. (the Cortese-Knox- Hertzberg Local Government Reorganization Act of 2000) and Revenue and Taxation Code Section 99 require County and City to negotiate an exchange of property tax revenues as a condition of LAFCO's approval of the Annexation Area; and WHEREAS, County and City desire to establish herein the respective allocation of property taxes, sales and use taxes, franchise fees and surcharge revenues generated in the Annexation Area. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Pittsburg, as follows: Section 1. The City Council finds and determines that the above recitals are true and correct. Section 2. The City Council hereby approves the Agreement for Allocation of Tax Revenues between the County of Contra Costa and the City of Pittsburg for the Mirant Power Plant Annexation Area (the "Agreement"). Page 1 of 2 Resolution No. 07-10778 Section 3. The City Manager is hereby authorized to execute the Agreement. Section 4. The City Manager is hereby authorized to take such further actions as may be necessary or appropriate to carry out the City's obligations pursuant to the Agreement. Section 5. The City Clerk shall certify to the adoption of this Resolution. Section 6. This Resolution shall take effect immediately upon adoption. PASSEL} AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 7t'day of May 2007, by the following vote: AYES: Members Casey, Evola, Kee, Parent and Mayor Johnson NOES: None ABSTAINED: None ABSENT: None Ben John on, Mayor ATTEST: Alice E. Evenson, City Clerk i Page 2 of 2 Resolution No. 07-10778 ATTACHMENT C BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG In the Matter of: A Resolution of the City Council of the City ) of Pittsburg, California, Authorizing the ) Execution of an Agreement with the Contra ) RESOLUTION NO. 07-10777 Costa County Fire Protection District and ) Making Findings in Connection Therewith ) ) The City Council of the City of Pittsburg DOES RESOLVE as follows: WHEREAS, the City Council (the "City Council") of the City of Pittsburg (the "City") has adopted and amended, from time to time, the Community Development Plan (the "Redevelopment Plan") for the Los Medanos Community Development Project Area (the "Project Area"); and WHEREAS, the Redevelopment Agency of the City of Pittsburg (the "Agency") is engaged in activities necessary to execute and implement the Redevelopment Plan for the Project Area; and WHEREAS, in keeping with the goals of the Agency to eliminate blight and reduce visual, economic and social blight in accordance with the Agency's Redevelopment Plan the Agency, the City and Agency have been working cooperatively with the Contra Costa County Fire Protection District (the "District") regarding the replacement of Fire Stations 84 and 85 and the construction of a Fire Prevention Bureau; and WHEREAS, the Agency, District, and City desire to enter into an Agreement for the Pittsburg Fire Station Replacement Project, which will require the contribution of up to Ten Million dollars ($10,000,000) by the Agency on behalf of the District; and WHEREAS, the District has requested that the funds associated with the Agreement come from the Agency and the City has the right to raise fire protection facilities fee for reimbursement to the Agency pursuant to PMC 15.92; and WHEREAS, the City and Agency are prepared to enter into the Agreement and thereby requires transfer of Ten Million Dollars ($10,000,000) from the City to the Agency as fire protection facilities fees are captured in order to reimburse the Agency; and WHEREAS, under the California Redevelopment Law (Health and Safety code Section 33100 et seq.), before the Agency can expend money for public improvements, the Agency and the City must conduct a duly noticed public hearing pursuant to Health and Safety Code Section 33679 related to improvement of publicly owned buildings and make specified findings pursuant to Health and Safety Code Section 33445; and Page 1 of 3 Resolution No. 07-10777 WHEREAS, the Agency and City public hearing on the proposed Agency funding commitment for the various projects has been noticed for 7:00 pm or as soon thereafter as the matter can be heard, May 7, 2007 at the City Council Chambers, 65 Civic Avenue, Pittsburg, California 94565; and WHEREAS, a summary report attached and incorporated herein has been prepared in accordance with Health and Safety Section 33679 to .provide specified information about the proposed Agency funding commitment for the public owned buildings (the "Summary Report"); and WHEREAS, pursuant to the Law, the Agency is authorized, with the consent of the City Council to pay for part, or all, of the costs of public improvements that are of benefit to the Project Area; and WHEREAS, no other reasonable means of financing the estimated cost of the public improvements is available to the City of Pittsburg or the District; and WHEREAS, the accompanying staff report (the "Staff Report") and the Summary Report provide additional information upon which the findings and actions set forth in this Resolution are based. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Pittsburg, as follows: Section 1. The City Council finds and determines that the above recitals are true and correct. Section 2. In compliance with Section 33445 of the Law, the City Council hereby finds that (a) the public improvements to be funded through the Agency are of benefit to the Project Area and the immediate neighborhoods in which the public improvements will be located, and (b) the funds by the Agency will facilitate the development of the public improvements and will assist in the elimination of blighting conditions inside the Project Area, and is consistent with the Agency's Implementation Plan pursuant to Section 33490 of the Law. These findings are based on the facts and analysis in the Staff Report and the Summary Report incorporated in this Resolution. Section 3. In compliance with Section 33445 of the Law, the City Council hereby finds that there are no other reasonable means of financing available to the community for the costs of the public improvements to be funded by the Agency. This finding is based on the facts and analysis in the Staff Report and the Summary Report incorporated in this Resolution. Section 4. The City Council authorizes and approves the use of up to Ten Million Dollars ($10,000,000) by the Agency for use in fulfilling the City's requirements under the Page 2 of 3 Resolution No. 07-10777 Agreement with the District. The City Manager is hereby authorized to facilitate this obligation. Section 5. The City Manager is hereby authorized to initiate the review of increasing the fire protection facilities fee pursuant to PMC 15.92 for the repayment of the Agency's funding of the Project. Section 6. The City Manager is hereby authorized to take such further actions as may be necessary or appropriate to carry out the City's obligations pursuant to the action. Section 7. The City Clerk shall certify to the adoption of this Resolution. Section 8. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 7"' day of May 2007, by the following vote: AYES: Members Casey, Evola, Kee, Parent and Mayor Johnson NOES: None ABSTAINED: None ABSENT: None Ben Joh son, Mayor ATTEST: Alice E. Evenson, City Clerk Page 3 of 3 Resolution No. 07-10777 ATTACHMENT D BEFORE THE REDEVELOPMENT AGENCY OF THE CITY OF PITTSBURG In the Matter of: A Resolution of the Redevelopment Agency ) of the City of Pittsburg, California, ) Authorizing the Execution of an Agreement ) RESOLUTION NO. 07-1201 with the Contra Costa County Fire ) Protection District and Making Findings in ) Connection Therewith ) The Redevelopment Agency of the City of Pittsburg DOES RESOLVE as follows: WHEREAS, the City Council (the "City Council") of the City of Pittsburg (the "City') has adopted and amended, from time to time, the Community Development Plan (the "Redevelopment Plan") for the Los Medanos Community Development Project Area (the "Project Area"); and WHEREAS, the Redevelopment Agency of the City of Pittsburg (the "Agency') is engaged in activities necessary to execute and implement the Redevelopment Plan for the Project Area; and WHEREAS, in keeping with the goals of the Agency to eliminate blight and reduce visual, economic and social blight in accordance with the Agency's Redevelopment Plan the Agency, the City and Agency have been working cooperatively with the Contra Costa County Fire Protection District (the "District") regarding the replacement of Fire Stations 84 and 85 and the construction of a Fire Prevention Bureau; and WHEREAS, the Agency, District, and City desire to enter into an Agreement for the Pittsburg Fire Station Replacement Project, which will require the contribution of up to Ten Million dollars ($10,000,000) by the Agency on behalf of the District; and WHEREAS, the District has requested that the funds associated with the Agreement come from the Agency and the City has the right to raise fire protection facilities fee for reimbursement to the Agency pursuant to PMC 15.92; and WHEREAS, the City and Agency are prepared to enter into the Agreement and thereby requires transfer of Ten Million Dollars ($10,000,000) from the City to the Agency as fire protection facilities fees are captured in order to reimburse the Agency; and WHEREAS, under the California Redevelopment Law (Health and Safety code Section 33100 et seg.), before the Agency can expend money for public improvements, the Agency and the City must conduct a duly noticed public hearing pursuant to Health . and Safety Code Section 33679 related to improvement of publicly owned buildings and make specified findings pursuant to Health and Safety Code Section 33445; and Page 1 of 4 Resolution No. 07-1197 WHEREAS, the Agency and City public hearing on the proposed Agency funding commitment for the various projects has been noticed for 7:00 pm or as soon thereafter as the matter can be heard, May 7, 2007 at the City Council Chambers, 65 Civic Avenue, Pittsburg, California 94565; and WHEREAS, a summary report attached and incorporated herein has been prepared in accordance with Health and Safety Section 33679 to provide specified information about the proposed Agency funding commitment for the public owned buildings (the "Summary Report"); and WHEREAS, pursuant to the Law, the Agency is authorized, with the consent of the City Council to pay for part, or all, of the costs of public improvements that are of benefit to the Project Area; and WHEREAS, no other reasonable means of financing the estimated cost of the public improvements is available to the City of Pittsburg or the District; and WHEREAS, the accompanying staff report (the "Staff Report") and the Summary Report provide additional information upon which the findings and actions set forth in this Resolution are based. NOW, THEREFORE BE IT RESOLVED by the Redevelopment Agency of the City of Pittsburg, as follows: Section 1. The Agency finds and determines that the above recitals are true and correct. Section 2. In compliance with Section 33445 of the Law, the Agency hereby finds that (a) the public improvements to be funded through the Agency are of benefit to the Project Area and the immediate neighborhoods in which the public improvements will be located, and (b) the funds by the Agency facilitate development of the public improvements that will assist in the elimination of blighting conditions inside the Project Area, and is consistent with the Agency's Implementation Plan pursuant to Section 33490 of the Law. These findings are based on the facts and analysis in the Staff Report and the Summary Report incorporated in this Resolution. Section 3. In compliance with Section 33445 of the Law, the Agency hereby finds that there are no other reasonable means of financing available to the community for the costs of the public improvements to be funded through the Agency. This finding is based on the facts and analysis in the Staff Report and the Summary Report incorporated in this Resolution. Section 4. The Agency Board hereby approves the Agreement. The Executive Director is authorized to execute the Agreement upon successful completion of the Mirant Power Generation Page 2 of 4 Resolution No. 07-1197 J Plant Annexation. Section 5. The Agency Board authorizes and approves the funding for the Project up to Ten Million Dollars ($10,000,000) for use in fulfilling the requirements under the Agreement with the District. The Agency Executive Director is hereby authorized to carry out this allocation of funds. Section 6. The Executive Director is hereby authorized to accept any revenues from the increase in the fire protection facilities fee pursuant to PMC 15.92 for the repayment of the Agency's funding of the Project. Section 7. The Executive Director of the Agency is hereby authorized to take such further actions as may be necessary or appropriate to carry out the Agency's obligations pursuant to the action. Section 8. The Agency Secretary shall certify to the adoption of this Resolution. Section 9. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the Redevelopment Agency of the City of Pittsburg at a regular meeting on the 7"' day of May 2007, by the following vote: AYES: Members Casey, Evola, Kee, Parent and Chair Johnson NOES: None ABSTAINED: None ABSENT: None Ben Johnson, Chair ATTEST: Alice E. Evenson, Agency Secretary Page 3 of 4 Resolution No. 07-1197 3. Proiect Construction. (a) The Agency shall act as,lead agency for the Project,obtain all permits, approvals, and entitlements necessary for the Project, and prepare environmental clearance for the Project pursuant to the California Environmental Quality Act(CEQA). (b). The District shall provide final design and engineering plans,final contract plans, and final specifications for.the Project to the Agency. (c) Except for the services described in subsection(b)of this section,the Agency shall advertise the Project contract or contracts, administer the bidding,and award the Project contract or contracts. For each Project Segment tobe constructed,the Agency shalladvertise the contract no later than 90 days following the.District's submission to the Agency of the final plans and specifications for the Project Segment to be constructed,with award of the contract to follow within a reasonable time thereafter. The Agency shall perform contract administration and take all other necessary steps to construct the Project to the District's final Project plans and specifications. The Project Segments shall be constructed in the sequence specified by the District. At this time,it is anticipated that the Station 85 Project Segment will be the first to be constructed. (d) The parties understand that the construction is a project of the Agency and not a District project.. The Agency will comply with California Labor Code Sections 1720- 1861,and all other statutes applicable to the construction of the Project. 4.. Project Changes. (a) The Agency shall not make or cause to be made any changes in the final plans or specifications without the prior written consent of the.District. (b) The Agency will administer all contract change orders for the Project. Except as provided in subsection(c)of this section,the Agency shall send copies of all contract change.ordersto the District for.the District's review..All contract change orders shall be approved in writing by the District's appointed representative prior to execution by the Agency: If the Agency does not receive written notice of the District's approval or disapproval of a contract.change order within 10 working days of the Agency notifying the District of the change order,the contract change order will be deemed approved by the District. The District shall not unreasonably withhold its decision. (c) The District may request change orders during the course of the Project. All contract change orders requested by the District must be in writing and delivered to the Agency- 3 5. Inspections. (a) The Agency will perform field inspections of the Project to determine conformance with Project plans and specifications and any change orders.. The District hereby grants to.the Agency a right of entry upon the Loveridge Road Property and the Railroad Avenue Property to effect construction and completion of the Project. (b). The District will have the right to perform field inspections of the Project to determine conformance with Project plans and specifications. The District will notify the Agency of any change orders that are necessary to remedy design deficiencies or address nonconformance with Project plans and specifications. 6. Acceptance, Completion,and Assignment. (a) Upon completion of a Project Segment,the Agency and District shall conduct a joint final inspection of that Project Segment, After the Agency and District have determined that the work performed has been completed in accordancewith the approved plans and specifications and to the Agency's and District's satisfaction,and after the District has provided written notice to the Agency of its approval of the Project Segment,the Agency shall accept that Project Segment as complete and shall promptly record a notice of completion. Following acceptance bythe Agency of a Project Segment,the Agency shall convey title totheimprovements in that Project Segment to the District. (b) At the time each Project Segment is considered complete pursuant to.subsection(a)of this section,the Agency shall assign to.the District its rights under all contracts pertaining to that Project Segment,including but not limited to all rights to proceed against any contractors,persons,or entities connected with the design,construction and management of the Project Segment, and shall assign to the District all express wan-antics and all warranties existing at law. (c) The.Project will be considered complete when title to the improvements in all three Project Segments havee been conveyed to.the District pursuant to subsection(a) and all rights under all contracts pertaining to the Project have been assigned to the District pursuant to subsection(b). 7. Conveyance of P=pa to.City. (a) Following completion of the Project,and in consideration of the agreements contained herein,the District shall convey to the City or Agency title in fee simple to the Harbor Street Property, subject to the easement described in subsection(c), and all existing improvements, except for the Harbor.Street Equipment as provided in 4 subsection(c). Theexisting improvements that are conveyed to the City or Agency shall be conveyed in an"as in"physical condition with no warranty express or implied as to any matter. (b) Neither the City nor the.Agency,nor their respective heirs, successors or assigns, shall ever have any claim, or assert any right or action,.against the District for any loss, damage orr other matter arising out of or resulting from the condition of the Harbor Street Property and the existing improvements conveyed to.the City or.Agency. (c) The District will not convey to the City or Agency title to the Harbor Street Equipment.. The District will reserve an easement on, and for access to,that portion of the Harbor Street Property,on which the Harbor Street Equipment is located. The. easement will be reserved to the District and its successorsand assigns for use by the District,and users authorized by the District,for District purposes,including but not limited to radio transmission purposes, as determined necessary by the District. 8. Payment of Project Costs. (a) Except as provided in subsection(b)of this section,the Agency shall pay all costs connected with the development and construction of the Project,including all . bidding-phase and construction-phase architectural services and all applicable.fees. The total cost of the.Project is not intended to.exceed$10 million. If it appears the total Project cost will exceed$10 million,the District and Agency will meet to.review Project costs and schedules and evaluate together how best to bring the Project to completion. Nothing in this section shall obligate.the District to pay any costs other than those specified in subsection(b)of this.section. (b) The District shall pay all costsconnected with the preparation of fiat design and engineering plans,'final contract plans,and final specifications.:The District shall also pay all costs.connected with contract change orders that arerequested by the District and approved by the Agency, except for change orders requested by the District that aree necessary to remedy design deficiencies or address nonconformance with Project plans and specifications.. (c) Pittsburg Municipal Code chapter 15.92 authorizes the City to collect a fire protection facilities fee and transfer the fee to the.District pursuant to an agreement between the City and the District. The parties agree that if the City increases the fire protection facilities fee from the amount existing at the time of the effective date of this Agreement,the City may transfer the amount of the increase to the Agency until the Agency has paid all Project costs it is responsible for paying under this,Agreement, provided the funds transferred to the Agency are used only for the payment of Project costs. Following payment of the Project costs by the Agency,the full amount of the fire protection facilities fee will be transferred to the District. 5 9. Insurance. (a) The City,Agency and District are self-insured, and each shall provide the others with a letter of self-insurance within 30 days of the effective date of this Agreement.. (b) The Agency shall ensure that the following insurance requirements are.incorporated into all contracts entered into by the.Agency or.City,or their contractors, subcontractors or assigns, in connection with this Agreement: (1)contractors shall maintain workers'.compensation insurance pursuant to state law;.(2)contractors shall maintain commercial general Iiability insurance,including contractual liability(or blanket contractual)coverage,owners'.and contractors'protective coverage, and broad form property damagee coverage,with a minimum of$2 million per occurrence; (3)contractors shall maintain builders'risk insurance in an amount equal to the construction contract amount,with a waiver of subrogation for the City,Agency and District,and naming the City,Agency and District as loss payees;and(4)contractors shall maintain vehicle liability insurance with a minimum combined single-limit coverage of$500,000 per occurrence. Contractors shall provide certificates of insurance,copies of policies, or endorsements.evidencing the above insurance coverage and requiring at least 30 days'written notice to the City,Agency and District of policy lapse,cancellation,or material change in coverage. The commercial general liability insurance and vehicle liability insurance shall include endorsements naming the District,City, and Agency,and their governing bodies,officers,agents and employees, as additional insureds. Thee aforementioned insurance policies shall contain a provision that the insurance afforded thereby to the additional insureds shall be primary insurance to.the full limits of the policy and that, if any of the additional insureds has other insurance or self-insurance against a loss covered by such policy, such insurance or.self-insurance shall be excess insurance only. (c) The District shall ensure that the following insurance requirements are incorporated into all contracts for consulting services entered intoby the District in connection with this Agreement:(1)consultants shall maintain professional liability insurance in an amount of at least$1 million with a deductible of no more than$25,000; (2) consultants shall maintain workers' compensation insurance pursuant to state law; (3) consultants shall maintain commercial general liability insurance,including contractual liability(or blanket contractual)coverage,owners' and contractors' protective coverage, and broad form property damage coverage,with a minimum of $1 million per occurrence; and(4)consultants shall maintain vehicle liability insurance with a minimum combined single-limit coverage of$500,000 per occurrence. Consultants shall provide certificates of insurance, copies of policies,or endorsements evidencing the above insurance coverage and requiring at least 30 days' written notice to the District, City,and Agency of policy lapse,cancellation,or material change in coverage. The commercial general liability insurance and vehicle 6 i liability insurance shall include endorsements naming the District,City, and Agency, and their governing bodies,officers, agents and employees,as additional insureds. 10. Contractor Obligations. The Agency shall ensure that the contract documents for the Project include provisions requiring the successful bidder to provide indemnity,warranties and bonds in the amounts and manner set forth below. (a) Indemnity. The Contractor will be required to defend,indemnify and hold harmless the District,City,and Agency,and their governing bodies, officers, agents and employees, from and against any and all liability,claims, actions,cause of action or demands whatsoever against any of them, including related attorneys' fees,arising out of or connected with any injury or death of any person or damage to property or other liability of any nature arising out of or in any way connected with the Project. (b) Warranties. In addition to all warranties existing at law,the.Contractor will be required to provide an express warranty for the benefit of the District, City,and Agency,in form and for a time period satisfactory to the District, City, and Agency, containing,at a minimum, the Contractor's guarantee that the work has been performed in accordance with the plans and specifications, and the.Contractor's agreement to repair or replace all work that fails to conform to the plans and specifications or proves to be defective in worlananship or materials during the stated time period. (c) Bonds. The Contractor will be required to present two good and sufficient surety bonds, for payment and performance,each in an amount equal to 100 percent of the contract price,issued by a surety admitted in the.State.of California in a form satisfactory to the District, City,and Agency,naming the District,City,and Agency as obligees on the bonds. 11. Accountability. The Agency will be strictly accountable for all funds and will report all receipts and disbursements for the Project to the District on a monthly basis and when requested by the District. 12. Termination. This Agreement may be terminated immediately by the mutual written consent of the governing bodies of all parties. 13. Notices. All notices,including requests, demands,approvals and other communications, under this Agreement must be in writing. The place for delivery of all notices given under this Agreement will be as follows: DISTRICT: Contra Costa County Fire Protection District 2010 Geary Road Pleasant Hill, CA 94523 7 CITY: City of Pittsburg 65.Civic.Avenue Pittsburg,CA 94565 AGENCY: Redevelopment Agency of the City of Pittsburg 65.Civic Avenue Pittsburg,CA 94565 14. Counterparts. The parties recognizeand agree that separate counterpart signature pages may be used but that all such pages constitute one and the.same Agreement. 15.. Construction.. The section headingsand captions of this Agreement are,and the arrangement of this.instrument is, for thee sole convenienceof the parties to this Agreement.. The section headings,captions and arrangement of this instrument do not in any way affect, limit, amplify or modify the terms and provisions of this Agreement. This Agreement shall not be construed as if it had been prepared by oneof the parties,but rather as if both parties have prepared it. The parties to this Agreement and their counsel haveread and reviewed this Agreement and agree that any rulee of construction to the effect that ambiguities are to be resolved against thee drafting party.shall not apply to the interpretation of this Agreement. The.Recitalsare,and shall be enforceable as, a part of this Agreement. 16. Further Assurances. Whenever requested to do so by the other party, each party will execute, acknowledgee and deliver all further conveyances,assignments,confirmations, satisfactions,releases,powers of attorney,instruments.of further assurance, approvals, consents and all further instruments and documents as may be necessary,expedient, or proper in order.to complete all conveyances,transfers, sales,and assignments under this Agreement, and do all other acts and to execute,acknowledge,and deliver all documents as requested in order to carry out the intent and purpose of this Agreement. 17. Waiver. A waiver or.breach of any covenant or provision in this Agreement will not be deemed a waiver of any otherr covenant or provision in this Agreement, and no waiver will be valid unless in writing and executed by the waiving party. 18. Nod Third Party Beneficiaries..Nothing in this Agreement is intended,nor shall it be construed,to create rights inuring to the benefit of third parties. 19. Severability. If any term or provision of this Agreement is,to any extent,held invalid or unenforceable,the remainder of this Agreement shall not be affected. 20. Applicable Law,Venue. This Agreement shall be governed by and construed in accordance with California law. The venue for any legal action pertaining to this 8 Agreement shall be Contra Costa County, California. 21.. Effective Date. This Agreement is effective upon its execution by all parties. CONTRA COSTA COUNTY REDEVELOPMENT AGENCY.OF.THE FIRE PROTECTION.DISTRICT CITY OF PITTSBURG By:. By: Fire Chief Approved as to.Form: Approved as to Form: B . By: District Coudsev Agency Counsel CITY OF PITTSBURG By: City Manager Approved as to Form: BY City Attorney 9 ATTACHMENT A PIASTER PROPERTY TAX TRANSFER AGREEMENT FOR ALLOCATION OF PP.OPERTY TAX BETWEEN THE COU14TY OF C0I3TRA COSTA AND CITY OF PITTSBURG UPON JURISDICTIONAL CHANGES _ (P.. &T.C. 599 (d) ) By Resolution 80- i3 E , adopted by the Board of Supervisors of the County of Contra Costa , and by Resolution �_ ^_ G S� / , adoptee by the City Council of Pittsburg the County of Contra Costa (County) and the City of Pittsburg (City ) Gree as lollo'es . 1. This Agreement is a master property tax transfer agree- ment , under authority of Revenue and Taxation Code §99 (d) (Section 17 , Cha7t-_r Snl of the St_ atute5 of 1900 , between the County and the City for the purpose of s:ecif-, ing the allocation of property ..tax revenues upon a jurisdictional change in which the City is an affected City and the County is an affected County. 2. Except for the exclusions specified herein, the jurisdic- tional chances governed by this Agreement are those local agency boundary chances defined in R. &T_ C. S95 (e) as jurisdictional chances , occurring during the applicable period of this Agreement, where the County is the affected County and the City is an affected City. The following jurisdictional changes are to be excluded from this Agreement: 1) boundary changes involving city incorporations or formations of districts (e. g. , reorganizations involving concurrent formation of a special district and annexation to a city) , 2) juris- dictional changes which would result in a special district• providing one or more services to an area where such servibes have not been previously provided by any local agency and to which Section 99. 1 of the Revenue and Taxation Code applies, 3) jurisdictional changes in which the total of the full values of all property in all tax rate areas comprising the affected territory exceed $10, 000, 000, as shown on the latest equalized assessment rolls at the time the aDDlication is filed with the Local Agency Formation Commission, 4) any jurisdictional change for which the sales tax revenue from the affected territory exceeds $5000 for one or more of the three fiscal years preceding the date that the application is filed with the Local Agency Formation Commission, and 5) the E1 Pueblo Annexation to the City of Pittsburg. 3. The allocations specified herein (Paragraph 7, below) shall be made for any jurisdictional change governed by this Agreement as specified in Paragraph 2, above, if proceedings for the juris- dictional change have been or are completed after June 30 , 1978; provided, however, that in the case of any such jurisdictional change for which proceedings are completed after December 31, 1982 this Agreement shall not apply if either of the parties hereto notifies the other in writing of the non-applicability of this Agreement and delivers such notification prior to the date that the petition or resolution for Local Agency Formation Commission ap- proval of the jurisdictional change is accepted for filing by the Commission or its Executive Officer. Notwithstanding any of the foregoing, any property tax revenue allocated prior to the date this Agreement is signed by both parties hereto shall not be subject -to reallocation, but this Agreement shall apply to all future allocations for the jurisdictional change. 4. For any property tax allocation to be made under this Agreement, the Auditor-Controller of Contra Costa County shall first apply Paragraph 7 herein and first allocate the property tax revenues thereunder for the fiscal year for which the State Board of Equalization makes the tax rate area change (s) for the jurisdictional change. Such fiscal year shall be known as the "initial year" and all later fiscal years as "subsequent years" . Such allocation shall continue indefinitely thereafter unless changed by agreement of both parites hereto or until changed under the terms of this Agreement upon a subsequent jurisdictional -change involving one or more of the tax rate areas within the affected territory of the prior jurisdictional change. 5. The following definitions shall apply to this Agreement. The references to code sections in these definitions shall mean the code sections in effect on October 1, 1980. a. "Base tax" shall mean those property tax revenues specified as being subject to allocation in R. &T. C. §§96 (a) and 96 (d) for fiscal year 1979-80 and R. &T.C. §§97 (a) and (b) for fiscal year 1980-81 and later fiscal years. For the fiscal years after the initial year in which property taxes are allo- cated under this Agreement for a jurisdictional change, the annual tax increment for the prior fiscal year shall be included in the base tax for the succeeding year. Notwithstanding the foregoing, base tax shall not include any property tax revenues allocated to any County free library. b. "Annual tax increment" shall mean those property tax revenues specified as being subject to allocation in R. &T.C. §96 (c) for fiscal year 1979-80 and R. &T.C. §97 (c) for fiscal year 1980-81 and later fiscal years. Annual tax increment shall include revenues accruing due to the increase in assessed valuation for the preceding fiscal year because of changes of ownership and new construction and because of the inflation adjustment authorized by Section 2 (b) of Article XIIIA of the California Constitution. C. "Annual tax increment allocation factor" shall mean the numerical factor, expressed as a percent, that is used to accomplish the proportionate allocation of the annual tax increment, as specified in R. &T. C. 998 (e) . -2- d. "Proceedings" means those actions taken pursuant to Gov.C. 9535200-35315 or Gov.C. §§56290-56443. 1. e. "Affected territory" shall mean as specified in Gov.C. §535024 or 56023. 5. f. "Affected City" shall mean as specified in Gov.C. §§35021 or 56021. g. "Affected County" shall mean as specified in Gov.C. §§35022 or 56022. h. "Affected District" shall mean as specified in Gov.C. §§56023 or 35023. 6. Insofar as not inconsistent with the foregoing definitions .or any other provisions of this Agreement, the definitions of Sections 95 and 2215 of the Revenue and taxation Code , as in effect on October 1, 1960, shall apply to this Agreement. 7 . For a jurisdictional change for which the allocation of taxes is made under this Agreement, such allocation shall be made in accordance with the following: a. Initial year. (1) Base tax. Except as provided in Paragraph 7a. (3) of this Agreement, City shall be allocated 25.205% of the County' s base tax for the affected territory and the County shall be allocated the balance. (2) Annual tax increment. Except as provided in Paragraph 7a. (3) of this Agreement, City shall have an annual tax increment allocation factor established for each tax rate area in the affected territory equal to50.41 % of the County ' s annual tax increment allocation factor for the tax rate area. The County' s new annual tax increment allocation factor shall be its former factor minus the City' s factor as derived in the pre- ceding sentence. (3) For a jurisdictional change which results in the City' s providing a service that had been provided by a special district, and if the City thereby receives any property tax revenues of the dis- trict as authorized 'by Revenue and Taxation Code Section 99, the formula for transfer of base tax and annual tax increment allocation factors from County to City shall be as follows: (A) Base tax. -3-