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Home My WebLink About177-97RESOLUTION NO. 177-97 APPROVING EXECUTION OF AN AMENDED AND RESTATED COOPERATION AGREEMENT WITH THE COMMUNITY DEVELOPMENT AGENCY OF THE TOWN OF DANVILLE, APPROVING REPAYMENT FROM THE AGENCY FOR SPECIFIED PUBLIC IMPROVEMENTS TO BE CONSTRUCTED BY THE TOWN, AND MAKING FINDINGS PURSUANT TO THE CALIFORNIA COMMUNITY REDEVELOPMENT LAW IN CONNECTION THEREWITH WHEREAS, the Danville Town Council (the "Town Council") adopted the Redevelopment Plan (the "Redevelopment Plan") for the Downtown Redevelopment Project (the "Project") on July 14, 1986 by Ordinance No. 94, establishing the Downtown Redevelopment Project Area (the "Project Area"); and WHEREAS, the Community Development Agency of the Town of Danville (the "Agency") is vested with responsibility pursuant to the Community Redevelopment Law (Part 1 of Division 24 of the Health and Safety Code of the State of California) (the "Law") to implement the Redevelopment Plan for the Project Area; and WHEREAS, the Agency and the Town of Danville (the "Town") entered into a Cooperation Agreement dated December 7, 1987 (the "Cooperation Agreement"), pursuant to which the Town has advanced certain costs and performed certain services in connection with the Project for the Agency's benefit and the Agency has agreed to reimburse the Town. for such costs and services on specified terms; and WHEREAS, the Agency and the Town now desire to enter into an Amended and Restated Cooperation Agreement (the "Amended Cooperation Agreement"), substantially in the form on file with the Town Clerk, to amend, restate, and clarify the Cooperation Agreement, including clarification of the mechanism whereby the Town may advance the costs of and construct future public improvements in furtherance of the Project, and the Agency may reimburse the Town for such future expenditures; and WHEREAS, the Agency and the Town desire that the Town. advance the costs for and construct the following public improvements (collectively, the "Redevelopment Public Improvements") set forth in the Town's adopted Capital Improvement Program (the "CIP") : Village Theater Renovations and Improvements (CIP Project #B-286); Downtown Directional Signage (CIP Project #B-316); Signal Controller Modification (for the intersection of Front Street, Hartz Way and San Ramon Valley Boulevard) (CIP Project #A-320) ; Hartz Avenue Beautification- Linda Mesa To Railroad (CIP Project ~C-319); Front, Rose and Linda Mesa Street Improvements (CIP Project #C-315); Iron Horse 1020\01\106746.04 Trail Rest Area At Prospect and Quinterra (CIP Project #B-322); and Iron Horse Trail Crossing At San Ramon Valley Boulevard (CIP Project #C-323); and WHEREAS, the Redevelopment Public Improvements will continue the elimination of blight and the revitalization of the Project Area through upgrading of the centrally located Village Theater as a focal point for visitors to the downtown, through upgraded pedestrian and vehicular circulation facilities, through beautification of a major Project Area commercial thoroughfare (Hartz Avenue) and the upgrading of several of the most seriously deficient streets in the Project Area (Front, Rose and Linda Mesa), through the improvement of Project Area storm drainage, and through improved trails and recreational facilities in the Project Area; and WHEREAS, pursuant to Section 33445 of the Law, the Agency is authorized, with the consent of the Town Council, to pay part or all of the value of land and cost of construction of buildings and facilities which are publicly owned and are of benefit to the Project Area, including the Redevelopment Public Improvements; and WHEREAS, while the Town is prepared to advance the costs for construction of the Redevelopment Public Improvements, it will do so only if the Agency agrees to reimburse the Town from future tax increment revenue for such expenditures for the following reasons: (1) the number and cost of necessary and desirable capital improvement projects contemplated by the Town far exceeds the number and cost of the projects that can be included in the CIP due to limitations on financial resources available to the Town for capital improvement purposes; and (2) through a competitive ranking process, the Redevelopment Public Improvements have been included in the CIP for Town funding ahead of other potential projects only in anticipation of reimbursement from the Agency; and (3) but for such Agency reimbursement, the Town would not have the resources to fund the Redevelopment Public Improvements through the CIP and the Redevelopment Public Improvements would not be implemented; and WHEREAS, consistent with Section 33445(c) of the Law, it is the intention and understanding of the Town and the Agency that the costs expended by the Town on the Redevelopment Public Improvements shall be subject to reimbursement by the Agency pursuant to the terms of the Amended Cooperation Agreement; and 1020k01\106746 . 04 WHEREAS, pursuant to Section 33490 of the Law, the Agency adopted and subsequently amended its five-year Implementation Plan for the Downtown Redevelopment Project (as amended, the "Implementation Plan") by resolutions of December 15, 1994 and August 6, 1996, respectively; and WHEREAS, pursuant to Section 33490 of the Law, the Agency is authorized to further amend the Implementation Plan to clarify its intention to fund the Redevelopment Public Improvements through reimbursements to the Town, and the Agency has prepared an appropriate amendment to the Implementation Plan for that purpose (the "Implementation Plan Amendment"), a copy of which is on file with the Town Clerk; and WHEREAS, in conjunction with the mid-term review of the Implementation Plan, the Agency has conducted a duly noticed public hearing pursuant to Section 33490 of the Law to obtain and consider public testimony regarding the proposed Implementation Plan Amendment; and WHEREAS, in conjunction with the adoption of this Resolution, the Agency has adopted the Implementation Plan Amendment; and WHEREAS, in connection with the adoption of the Redevelopment Plan, the Town and the Agency caused to be prepared and certified an environmental impact report (the "Redevelopment Plan Program EIR") in accordance with the California Environmental Quality Act ("CEQA"); and WHEREAS, CEQA and its implementing guidelines provide that all public and private activities in furtherance of the Redevelopment Plan constitute a single project that is deemed approved at the time the Redevelopment Plan was adopted, and that the Redevelopment Plan Program EIR serves as a program EIR, with no subsequent environmental review required for individual components of the Project (such as the Redevelopment Public Improvements) unless such subsequent environmental review is mandated by specified provisions of CEQA; and WHEREAS, it is not possible to determine if subsequent environmental rew[ew under CEQA (in addition to the Redevelopment Plan Program EIR) might be necessary for any of the Redevelopment Public Improvements until the specific design of each Redevelopment Public Improvement has been completed; and WHEREAS, for the above reasons, the Redevelopment Plan Program EIR has served as the provisional CEQA documentation for the approvals related to the funding of the Redevelopment Public Improvements set forth in this Resolution, subject to subsequent environmental review as set forth below; and 1020k01\106746.04 -- 3 - WHEREAS, by staff report accompanying this Resolution (the "Staff Report") and incorporated herein by reference, the Agency and Town Council have been provided with additional information upon which the findings and actions set forth in this Resolution are based. NOW, THEREFORE, BE IT RESOLVED as follows: Section 1. The recitals contained in this Resolution (the "Recitals") are accurate and have formed the basis, in part, for the Town Council's findings and actions set forth below. Section 2. The Town Council hereby approves the Amended Cooperation Agreement and authorizes the City Manager to execute the Amended Cooperation Agreement on behalf of the Town, substantially in the form on file with the Town Clerk, with such changes as the City Manager deems appropriate to accomplish the purpose of this Resolution. Section 3. In compliance with Section 33445 of the Law, the Town Council hereby finds that (1) the Redevelopment Public Improvements are of benefit to the Project Area and the immediate neighborhood in which the Redevelopment Public Improvements will be located, (2) the appropriation of funds and the reimbursement of the Town pursuant to the Amended Cooperation to enable development of the Redevelopment Public Improvements will assist in the elimination of one or more blighting conditions inside the Project Area, and is consistent with the Agency's Implementation Plan adopted pursuant to Section 33490 of the Law, as amended by the Implementation Plan Amendment. These findings are based on facts and analysis in the Recitals and the Staff Report accompanying this Resolution that: (a) among the types of blight affecting the Project Area, as identified in the ordinance adopting the Redevelopment Plan and in the Implementation Plan are: (1) The existence of properties which suffer from economic dislocation, deterioration and disuse because of inadequate public improvements, facilities, utilities and open spaces, including inadequate traffic circulation, sidewalks, curbs, gutters and sewers; and (2) a prevalence of economic maladjustment evidenced by impaired investments; and (b) funding and construction of the Redevelopment Public Improvements will directly address these blighting conditions and will benefit the Project Area through upgrading of the centrally located Village Theater as a focal point for visitors to the downtown, through upgraded pedestrian and vehicular circulation facilities, through beautification of a major commercial 1020\01\106746.04 - 4 -- thoroughfare serving the Project Area (Hartz Avenue) and the upgrading of several of the most seriously deficient streets in the Project Area (Front, Rose and Linda Mesa), through the improvement of Project Area storm drainage, and through improved trails and recreational facilities in the Project Area; and (c) since the Implementation Plan has been amended'by the Implementation Plan Amendment to include Agency funding of the Redevelopment Public Improvements, such funding is expressly consistent with the Implementation Plan. Section 4. The Town Council hereby finds that, pursuant to Section 33445 of the Law, there are no other reasonable means of financing the Redevelopment Public Improvements available to the community. This finding is based on facts and analysis in. the Recitals and the Staff Report accompanying this Resolution that: (a) the number and cost of necessary and desirable capital improvement projects contemplated by the Town far exceeds the number and cost of the projects that can be included in the CIP due to limitations on financial resources available to the Town for capital improvement purposes; (b) through a competitive ranking process, the Redevelopment Public Improvements have been included in the CIP for Town funding ahead of other potential projects only in anticipation of reimbursement from the Agency; (c) but for such Agency reimbursement, the Town would not have the resources to fund the Redevelopment Public Improvements through the CIP ;and the Redevelopment Public Improvements would not be implemented; and (d) the benefits of Redevelopment Public Improvements extend to the general community and are not limited to specific properties, so that it is neither equitable or lawful to impose the costs of the Redevelopment Public Improvements on individual property owners through assessments, special taxes, or development fees. Section 5. Based on the foregoing findings and in accordance with Section 33445 of the Law, the Town Council hereby consents to the reimbursement by the Agency to the Town of the costs of acquisition and construction of the Redevelopment Public Improvements. Section 6. The Town Council hereby confirms its understanding and intent that the costs expended by the Town on the Redevelopment Public Improvements shall be subject to reimbursement by the Agency pursuant to the Amended Cooperation Agreement; provided, however, that the Town shall not construct a particular Redevelopment Public Improvement and the Agency shall 1020\01\106746.04 - 5 - have no obligation to reimburse the Town for such construction until any subsequent environmental review that may be required under CEQA (in addition to the Redevelopment Plan Program EIR) has been satisfactorily completed following design of the applicable Redevelopment Public Improvement, and satisfactory provision has been made for performance of any resulting identified mitigation measures. Section 7. This Resolution shall take immediate effect from and after its passage and approval. APPROVED by the Danville Town Council at a regular meeting on November 18, 1997, by the following vote: AYES: Doyle, Waldo, Arnerich, Greenberg, Shimansky NOES: None ABSENT: None ABSTAIN: None CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY 1020/01/106746.04 -6-