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Home My WebLink About098-89RESOLUTION NO. 98-89 AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF AGREEMENT WITH CONTRA COSTA COUNTY REGARDING THE REVIEW OF ALAMO SPRINGS DEVELOPMENT APPLICATION WHEREAS, Contra Costa County (hereinafter "County") and the Town of Danville (hereinafter "Town") have received notification of an intent to file a development project for residential development identified as the Alamo Springs property; and WHEREAS, such property is split between the jurisdictional boundaries of the County and Town; and WHEREAS, the physical characteristics of the property are such that delivery of urban services will primarily occur through Town via La Gonda Way resulting in a disproportionate impact from the development upon Town and its residents; and WHEREAS, it is in the mutual interest of County and Town to coordinate the review and approval process for the development project to assure that the project related impacts are adequately identified and addressed; and WHEREAS, it is also in the mutual interest of County and Town to coordinate the approval process to assure that development issues are addressed in a comprehensive and appropriate manner; and WHEREAS, in order to avoid the necessity of processing separate, parallel development projects with the County and Town, it is necessary to establish a mechanism by which the County and Town can review and approve a common development project for the subject property; and WHEREAS, joint processing of the development project will afford the developer with the advantages associated with an outside party review not totally dependent on County and Town staff availability; and WHEREAS, County and Town have prepared a Memorandum of Agreement setting forth the mechanism and processes of such coordinated review and desire to approve and enter into such agreement; now, therefore, BE IT RESOLVED, by the Town Council of the Town of Danville that the Mayor be and hereby is authorized to execute, on behalf of the Town, a Memorandum of Agreement with the County of Contra Costa in the form as .lodged with the City Attorney, together with such changes as hereafter may be changed so long as it does not materially affect the obligations of the Town thereunder. PASSED, APPROVED, AND ADOPTED this 7th day of August, 1989, by the following vote: AYES: GREENBERG, RITCHEY, SCHLENDORF NOES: NONE ABSTAINED: NONE ABSENT: JAGGER, LANE ATTEST: APPROVED AS TO FORM: '~kT,~NO SPRINGS ~ :I:'LMt X_VUDMEI~ STUDY WIT/~ CONCURREI~ PI~;~T-I:E.-'N2~ X,'qD F]:SAT., DEV'~T_.OPmmT COUR~ OF CO~ COSr.&/'~)WN OF ~E This M_~morandumofAgreement As entered into as of July__, 1989, by and between the County.of Con~ra Costa (hereinafter 'County"), the Town of Danvllle (hereinafter "Town"), and New West Federal Savings andLoan association (hereinafter 'New West" or "applicant"). This Memorandum of Agreement ks based on=he following facts and circumstances~ ~EAS, the County and ~he Town have received notification of an intent to file a development project for residential development covering a 150 +/- acre site identified as the Alamo Springs proper~y which is split between the Jurisdictional boundaries of the County (125 +/- acres, identified as APN e197-050-018, -019) and the Town (25 +/- acres, identified as APN #197-082-014, -016, --017, -018 and -020) (hereafter 'The proJect")F and ~.~AS, the physical characteristics of the property are such that delivery of urban services will primarily occur through the Town of Danvllle - La GondaWay access'corridor~ and WHEREAS, it is'in the mutual interest of both the County and the Town to coordinate ~he review and approval process (the =a~plicati0~ process") for the development project ~o assure that pro~Ject related impacts dealing with traffic, soils and~geoldg~, visual impacts, drainage, etc., are adequately identified and addressed~ and ~ ~, it is also in The mutual interest of the' County and the Town to coordinate thereview and approval process for the development project to assure that development issues per~aining to general plan and zoning conformance, hillside development, annexation to pertinent service dAetricts, provision of pedestrian and equestrian trails, ~Wsessment and payment of municipal services costs, end collection of development fees, etc., are addressed in a comprehensive end appropriatemanner~ and. ~n~EAS, in order ~o avoid the necessity of processing separate, parallel development projects with the County and Town, it is mecessnryto e~tablish a ~echanism b~which ~he County and Town 1 e can =.view ~nd approve a co~aon develo~mant project for the subject property (envisioned to include a General Plan Amendment Study, Preliminary and Final Development Plans and a Vesting Ten~ative M~p) ~ and ,~m~S, Joint ~rocessing of the development project will afford the developer a single unified process~ and ~, State Planning and Z0ningLaw provides for the creation of special procedures ~o accommodate Joint review. and approval of development projects which involve lands fallinginmultipl.e ~urisdictions} . NOW, THEODORE, in consideration of~hemutual promises and covenants contained in ~his Agreement, and of the mutual advantages to be obtained from the i~plemen~ation of such promises, the parties her. to agree as follower I. COORDINATING COMMITTEE. A Coordinating Committee ks to be established. The Committee shall consist of four members, appointed as follower 1) one member of the Contra Costa County Board of Supervisors and one member of the San Ramon Valley Regional Planning Co~-~ission, bo~h of whom shall be appointed by and serve at the pleasure of the Contra Costa County Board of Supervisors, and 2) one member of the Danville Town Council and one member of the Danvilla Planning Commission, both of whom shall be appointed by and serve at the pleasure of the Danvilla Town Council· Should any member cease to serve for any reason, the appointing authority shall appoint a successor. This Committee shall be vested with the followingpowers and dutiesz To oversee timely processing of the project, according to T/~e schedule of Exhibit A. To approve the selection (as recommended by the st~ffs of the Town and of the County) of a "Project Manager" whosB contract shall be administeredb~the County and Town. The Project Manager willwork as a consultant mnder contract with the County and Town, and shall be Tested with the followingpowers and duttesz To work directly with~he project applicant and the Committee in formulating a development application and participating i~negotiations and informal discussions concerning the development of the ~roperty; To report to the Coordinating Committee. Staffs will give recommendations =o Project Manager after receiving input from staff, applicant and public~ To prepare staff reports, EIR documentation and 2 ,related paperwork concerning ~he development of the property~ : . To coordinate, schedule, and provide all mecessary documentation, reports, and recommendations to the Danville Planning Commission and the San Ramon Valley Regional Planning Commission, as well as to the Danvilla Town Council and the Board 'of Supervisors, for the hearing process on the application. To work with the Project Nanager ~n'approving reports presented to the public legislative bodies concerning the property~ 'To' ~ke recommendations to the Project Manager for revisions to the development application~ In the event of different recommendations from the Danvilla Planning Cox~ission and the San Ramon Valley Regional Planning Commission, the Coordinating Committee will review those differences and seek to resolve ~hem prior to suhm~ttal of the project to the Board of Supervisors and ~he D~nville Town Council. IX. PUBLIC HEARING/NOTICE REOUIREMENTS. The public hearing and notice requirements for the development applications shall proceed simultaneously with the County and the Town. llI. ~IMULTANEOUS/INDEPENDENT PROCESSING. This Agreement contemplates the coordinated processing of the appl~cation between the two Jurisdictions for simultaneous but independent approval with Coordinated, consistent findings and conditions of approval. .E. ounty and Town shall at all times retain their respective' powers and duties in each of their respective territorial Jurisdictions. If, for any reason, the appl~can{ is unable to obtain final approval of the develol~nent project from either ~he County or the Town, applicant may proceed to process separate development projects An each Jurisdiction, without coordination. To the extent relevant to such separate development projects, any work done to that point shall be given full credit by each Jurisdiction so that applicant my proceed with minimal duplication of proces, sing, approvals and expense. IV. TEES AND COSTS. The staffs of County and Town estimate that the total of the application ~ees, environmental impact report costs, County and Town s~aff surcharges for EIR, Project Nanager and County/Town Staff costs, as well as local office secretarial, Teproduct~on and contingency costs, mmy well exceed $200,000. New West agrees to deposit the sum of Two Hundred Thousand Dollars ($200,000.00) with the County and Town, who will place ~ ~n an lnceres~ hearing Jo~n~ account in e mutuall~ 3 acceptable bm~lcing ins~i~ution0 The accoUnt shall be in '.he name of the County and Town, and County and Town 'shall each designate one of -,heir off£cers or employees as T. heir agent for t. he purpose of exl~nd~g funds from such account. Bo~.h agents nmst sign aut. horization to expend funds from the account. The $200r000 must be deposi*_ed by Hew Wes~ before the Project Manager can be recruited. All interes~ accumulating on the account shall be for ~he benefit of Hew West, and shall be paid from ~he account to Hew Wes~ each The funds in the account shall be avallabl~ to apply to the foregoing and related expenses as determined by the Town and County ~hrough the ProJec~ Manager. Xf actual expenses exceed Two Hundred Thousand Dollars ($200,000.00), then, upon written l~otification from the Project Manager, Hew West shall deposit such additional monies An such account as are necessary ~o complete the processing of its application under this Agreement. Town and County shall determine the allocation, between those two ~urisdictions, of each such fee and/or cost. All financial matters shall be Jointly aam~nistered by the County and Town, and · he Town and County may at any time withdraw funds necessary to cover expenses of the application process. In ~he even~ New Wes~ falls ~o deposit funds sufficien~ to mee~ all expenses of the application process, New West agrees ~ha~ =he application process shall cease and New West shall be solely responsible for any and all obligations resulting from the project, application process, or this Agreement. V. AMENDMENT TO MEMORANDUM. This Memorandum may be amended by the written consent of the par~ies to it. VI. DESIGNATION OF LEAD AGENCY. The County As hereby designated as the lead agency on this project for all purposes under the~aLtfornia Environmental Quality Act. VII. EFFECTIVE DATE OF MEMORANDUM. This Memorandum shal~ remain in effect from July - , 1989 until all entitlements have been resolved. VIIX. COUNTERPARTS. This Memorandum_~_~y be signed in counterparts on signaturepages attached to forms complete document. 4 /--, ATTESTx CITY CLERK I~J. DOANE ATTORNEY -=OUNTYOF CONTRACOSTA CHAIRPERSON, BOARD OF SUPERVISORS (BOARD ORDER NO. ) ATTESTz JEANNEMAGLIO DEPUTY COUNTYCLERK APPR AS TO FORM~ R TO J. WESTMAN UNSEL NEWWEST FEDERAL SAVINGS & LOANASSOCIaTION By: Byx DCG :tb 5 ~he Town and the County agree to rose ~heir best efforts · comply wl~hthe ~ollowing schedulez Ray, 1989 ~uly, 1989 Processing Tramework approved An concept by Tc~nand County staffs Town Council and Board of Supervisors approval of processing framework, appointment of ad-hoc committee and approval of memorandum of unders~anding (to have one agency administer the contract) August, ~989 Jui-hoc Committee es~ablAshes selection process for ProJec=Manager September, 1989 Project submittal by Applicantand selection of Pro3ec=Manager Sep=ember, 1989 Project Manager uoordinates review process through County and Town Staffs and conducts study sessions with SRVAPC and Danvilla Planning Commission ~ncluding a minimum of ~wo s=udy sessions October, 1989 No=Ace of Preparation Distributed October, 1989 EIR Consul=ant selected October, 1989~ ~hru Jan, 1990 aanuary, 1990 Preparation of the DEIR DEIR review process/~ltiated Jan, ~hru February, 1990 ProjectManager prepares Staff Repor= February, Ray, 1990 Public Hearing process concurrently through the C~,~ty and~he Town EXHIBIT A