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HomeMy WebLinkAboutRESOLUTIONS - 05022006 - 2006/193 THE REDEVELOPMENT AGENCY OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 2, 2006, by the following vote: AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia o ,I#iii , NOES: None ABSENT: None '• _ vim`` ABSTAIN: None �osTa coons Resolution No. 2006/193 SUBJECT: Project Agreemint and Work Program — Parker Avenue Project, Rodeo In the Matter of Approving the form of the Amended and Restated Project Agreement and Work Program — Parker Avenue Project, Rodeo (the 'Project Agreement') pursuant to which Contra Costa County will construct improvements to Parker Avenue (the 'Parker Avenue Improvements") within the Rodeo Redevelopment Project Area with funds provided by the Contra Costa County Redevelopment Agency (the "Agency"); and Approving the form of a Public Facilities and Loan Agreement (the "Loan Agreement') pursuant to which the Agency will loan funds to the City of Pinole for relocation of a sewer force main underlying Parker Avenue, which is required for construction of the Parker Avenue Improvements; and Making findings required by the California Community Redevelopment Law (California Health & Safety Code section 33000 et . seq.) and the California Environmental Quality Act in connection with the approval of the Project Agreement and the Loan Agreement. WHEREAS, the Board of Supervisors of the County of Contra Costa (the "County") adopted the Rodeo Redevelopment Plan by Ordinance No. 90-50 on July 10, 1990, and subsequently amended by Ordinance No. 94I 66 on December 6, 1994; Ordinance No. 99-08, adopted on February 23, 1999; and Ordinance No. 2002-16, adopted on May 21, 2002 (the 'Redevelopment Plan"), which Redevelopment Plan sets forth a plan for redevelopment of the Rodeo Redevelopment Project Area (the "Project Area"). WHEREAS, the Contra Costa County Redevelopment Agency (the "Agency") is responsible for administering the Redevelopment Plan to cause redevelopment of the Project Area, including removal of blighting conditions in the Project Area. The Agency has adopted and amended a five-year implementation plan (the "Implementation Plan") pursuant to Section 33490 of the California Community Redevelopment Law to assist in implementing the Redevelopment Plan. WHEREAS, the Redevelopment Plan found that blighting conditions in the Project Area include lack of curbs, gutters, and sidewalks, inadequate drainage facilities, poor traffic and circulation patterns, inadequate infrastructure and public improvements, and an overall atmosphere and appearance of neglect. Parker Avenue is a publicly owned street located within the Project Area. Objective 2 of the Redevelopment Plan provides for circulation and transportation improvements to Parker Avenue, including its reconstruction, paving, and realignment and the construction of curbs, gutters, and sidewalks. The Redevelopment Plan further provides for landscaping and utility improvements to public streets. The Implementation Plan proposes to complete the improvements to Parker Avenue, including repaving, utility undergrounding, improvements to other utilities, and installation of a landscaped median, curbs, gutters, and sidewalks (collectively the "Parker Avenue Improvements"). WHEREAS, the Contra CostaCounty Planning Commission, by Resolution No. 29-1990, adopted on June 12, 1990, found that the improvements called for in the Redevelopment Plan conform to the Rodeo General Plan. WHEREAS, section 33445 of the Community Redevelopment Law authorizes the Agency to Resolution No. 2006/193 pay part or all of the value of the cost of facilities which are publicly owned and are of benefit to the Project Area. The Agency desires to approve the form of the Project Agreement to ensure that the Parker Avenue Improvements will be completed as contemplated by the Redevelopment Plan and Implementation Plan. The Project Agreement provides that the Agency will pay a part of the cost of the Parker Avenue Improvements, and the County will agree to construct the Parker Avenue Improvements. WHEREAS, the City of Pinole (the "City") and the City of Hercules ("Hercules") jointly own and operate the Pinole/Hercules Wastewater Treatment Plant (the 'Plant"). Sewerage from the Plant is pumped through a publicly owned sewer force main to the Rodeo Sanitary District Treatment Facility. The sewer force main is located underneath Parker Avenue in the Project Area and must be relocated to enable the Parker Avenue Improvements to be completed (the "Force Main Relocation"). Pursuant to a Joint Powers Agreement between the City and Hercules, the City has the right and responsibility to implement the Force Main Relocation, subject to the review and comment of Hercules. WHEREAS, the City now wishes to borrow from the Agency, and the Agency wishes to extend to the Borrower from Agency bond proceeds, a loan in the amount of Three Hundred Thousand Dollars ($300,000) (the "Loan Agreement") to be used to finance a portion of the costs of the Force Main Relocation. The Loan Agreement will enable the Parker Avenue Improvements to be completed to benefit the Project Area. WHEREAS, the Agency desires to approve the form of the Loan Agreement to ensure that the Parker Avenue Improvements will be completed as contemplated by the Redevelopment Plan and Implementation Plan. WHEREAS, 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. WHEREAS, in connection with its approval of the form of the Project Agreement and the form of the Loan Agreement, the Agency will make certain findings required by Section 33445 of the Community Redevelopment Law. The City previously made certain findings required by Section 33445 by resolution adopted March 7, 2006, and the County made certain findings required by Section 33445 on May 2, 2006. WHEREAS, in connection with its approval of the form of the Project Agreement and its consent to the Loan Agreement, the Agency will make certain findings required by the California Environmental Quality Act (CEQA). The City previously made certain findings required by CEQA by resolution adopted March 7, 2006, and the County made certain findings required by CEQA on January 28, 2003, and on May 2, 2006. It is hereby RESOLVED by the Board that: SECTION 1. The Board hereby approves the form of the Amended and Restated Project Agreement and Work Program— Parker Avenue Project, Rodeo (the "Project Agreement") and the transactions contemplated thereby, subject to those reasonable modifications made by the Executive Director, the Assistant Executive Director, or the Deputy Executive Director (collectively the "Authorized Officers") of the Agency and approved by legal counsel to the Agency, provided, however, that the Agency financial assistance to be provided pursuant to the Project Agreement shall not exceed $8.0 million. SECTION 2. The Board hereby approves the form of the Loan Agreement and the transactions contemplated thereby, subject to those reasonable modifications made by the Authorized Officers of the Agency and approved by legal counsel to the Agency, provided, however, that the Agency financial assistance to be provided pursuant to the Loan Agreement shall not exceed $300,000. Resolution No. 2006/193 - • I SECTION 3. Pursuant to Section 33445 of the Community Redevelopment Law, the Agency is authorized to pay part or all of the value of the Parker Avenue Improvements and the Force Main Relocation, by making the following findings: 1. The Board hereby (finds that the facilities are publicly owned and located within the Project Area, in that the Parker Avenue Improvements and Force Main Relocation projects are owned by public entities (the County and the City), located within public rights of way, and located within the Rodeo Redevelopment Project Area. 2. The Board hereby finds that the Parker Avenue Improvements and Force Main Relocation to be funded by the Agency are of benefit to the Project Area, in that the improvements swill implement specific objectives of the Redevelopment Plan, including Objective 2, to reconstruct, pave, and realign Parker Avenue, to construct curbs, gutters, and sidewalks, and to landscape and provide utility improvements to public streets. 3. The Board hereby finds that the payment of funds by the Agency pursuant to the Project Agreement and Loan Agreement will enable the Parker Avenue Improvements to be completed, thus eliminating blighting conditions located within the Project Area, including lack of curbs, gutters, and sidewalks, inadequate drainage facilities, poor traffic and circulation patterns, inadequate infrastructure and 'public improvements, and an overall atmosphere and appearance of neglect. 4. The Board hereby]finds that there are no other reasonable means available to the County or the iCity for financing the Parker Avenue Improvements and Force Main Relocation to be funded by the Agency through the Project Agreement and the Loan Agreement in that the construction costs for the Parker Avenue Improvements exceed the budgeted amount because of the need to rebid work and significant increases in the cost of essential materials, and the County has no additional sources of unbudgeted capital improvement funds available in this fiscal year to pay for the additional costs; and the City is required to complete the Force Main Relocation to accommodate the Parker Avenue Improvements, but does not have adequate funds budgeted in the current fiscal year,for this unplanned cost to fund the Force Main Relocation, and further based on the facts and analysis set forth in the Staff Report. 5. The Board hereby finds that the payment of funds by the Agency pursuant to the Project Agreement and Loan Agreement is consistent with the Agency's Implementation Plan and the Redevelopment Plan in that the both the Implementation Plan and the Redevelopment Plan specifically contemplate construction of the Parker Avenue Improvements, and the Force Main Relocation is required to construct the Parker Avenue Improvements. SECTION 4. On May 2, 2006, the County made the findings required pursuant to Section 33445 of the Community Redevelopment Law and approved the Project Agreement, consenting to the Agency's payment of costs for the Parker Avenue Improvements and Force Main Relocation. SECTION 5. On March 7, 2006, the City made the findings required pursuant to Section 33445 of the Community Redevelopment Law. SECTION 6. No additional environmental review is needed for the approval of the Project Agreement, in that the Mitigated Negative Declaration for the Parker Avenue Improvements adopted by the County on January 28, 2003, adequately covers the impact of the Parker Avenue Improvements because: 1. No substantial changes have been proposed in the Parker Avenue Improvements si ce certification of the Mitigated Negative Declaration. Resolution No. 2006/193 2. No evidence has been presented regarding, nor is the Agency aware of, any substantial changes in the circumstances under which the Parker Avenue Improvements will be undertaken which would create new significant environmental effects. 3. No new information has been presented, nor is the Agency aware of such information, which would show that the Parker Avenue Improvements will have any significant effects not previously discussed in the Mitigated Negative Declaration. SECTION 7. No further environmental review is needed for the Loan Agreement, in that the Force Main Relocation is part of the Parker Avenue Improvements and is also exempt from CEQA pursuant to California Public Resources Code Section 21080.21 as a project of less than one mile in length (3,600 Ii near feet for the Force Main Relocation) for the replacement and relocation of an underground pipeline, and CEQA Guidelines Section 15302(c), for the relocation and replacement of an existing utility system. SECTION 8. The Agency shall enter into any and all documents and agreements necessary to accomplish the activities contemplated in this resolution, copies of which shall be delivered to the members of the Board. SECTION 9. The Authorized Officers of the Agency shall be authorized and directed to execute the Project Agreement and Loan Agreement and any and all necessary agreements, certificates or documents necessary to perform and complete any activities contemplated in this resolution, the Project Agreement, and the Loan Agreement. SECTION 10. The Board designates the Deputy Executive Director 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 2530 Arnold Drive, Suite 190, Martinez, CA 94553. SECTION 11. 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 Redevelopment Agency on the date shown: ATTESTED: May 2,2006 JOHN CULLEN,Executive Director and Agency Secretary D n By M1 /&Deputy Resolution No. 2006/193