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HomeMy WebLinkAbout117-99RESOLUTION NO. 117-99 APPROVING EXECUTION OF AN OWNER PARTICIPATION/DISPOSITION AND DEVELOPMENT AGREEMENT WITH THE EDWARD S. AGENO 1992 TRUST AND THE COMMUNITY DEVELOPMENT AGENCY OF THE TOWN OF DANVILLE AND CONSENTING TO EXECUTION OF THE AGREEMENT BY THE COMMUNITY DEVELOPMENT AGENCY WHEREAS, the Town Council (the "Town Council") of the Town of Danville (the "Town") 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 has adopted a five-year implementation plan for the Project Area in accordance with Section 33490 of the Law (the "Implementation Plan"); and WHEREAS, to cause the redevelopment and expansion of the Danville Square Shopping Center in the Project Area in furtherance of the Redevelopment Plan and the Implementation Plan, the Agency and the Town desire to enter into an Owner Participation/Disposition and Development Agreement (the "DDA") with the Edward S. Ageno 1992 Trust (the "Developer"), a copy of which is on file with the City Clerk; and WHEREAS, among other matters, the DDA provides for the disposition of an approximately 0.4-acre parcel owned by the Agency (the "Agency Parcel") to the Developer, and for the redevelopment by the Developer of the Agency Parcel, together with the adjacent property owned by the Developer, to create an expanded and modernized Danville Square Shopping Center (the "Expanded Shopping Center"). The Agency Parcel and the adjacent property owned by the Developer upon which the Expanded Shopping Center will be redeveloped are collectively referred to as the "Property", and are located in the northern portion of the Project Area on the west side of Railroad Avenue between Love Lane and Linda Mesa Avenue; and WHEREAS, redevelopment of the Expanded Shopping Center on the Property pursuant to the DDA would serve major Redevelopment Plan and Implementation Plan goals and objectives by directly redeveloping an underutilized and blighted property, enhancing the physical environment of the Project Area, and generating additional tax increment revenue to finance the Project; and WHEREAS, the DDA provides for disposition of the Agency Parcel to the Developer only if the Town, in its discretion, grants specified land use entitlements and approves the necessary documentation under the Califomia Environmental Quality Act for the Expanded Shopping Center (collectively, the "Planning Approvals"); and WHEREAS, the Agency has placed on file a copy of the DDA and the summary called for in Section 33433 of the Law (the "Section 33433 Summary"), and has made the DDA and the Section 33433 Summary available for public inspection and copying pursuant to Health and Safety Code Section 33433; and WHEREAS, the Town Council and the Agency have conducted a duly noticed public hearing on the DDA pursuant to Section 33433 of the Law for the purpose of receiving the input and comments of the public on the DDA; and WHEREAS, under the DDA and as authorized by Section 33445 of the Law, the Agency would pay specified fees on behalf of the Developer to pay costs of installation and construction of certain publicly owned street and related public improvements within the Project Area and necessary for redevelopment of the Expanded Shopping Center on the Property (the "Public Improvements"); and WHEREAS, through this Resolution, the Town Council desires to make the findings and grant the consents required by Sections 33433, 33445, and 33421.1 of the Law in connection with Agency and Town Council approval of the DDA; and WHEREAS, the Agency and the Town Council have determined that development of the Expanded Shopping Center on the Property pursuant to the DDA is consistent with the Town's General Plan and the Redevelopment Plan. Specifically, pursuant to Government Code Section 65402, the Planning Commission of the Town has found that the disposition of the Agency Parcel and construction of the Public Improvements in accordance with the DDA is consistent with the Town's General Plan; and WHEREAS, to further the redevelopment of the Project Area in accordance with the Redevelopment Plan and the Implementation Plan, the Agency and the Town have entered into that certain Amended and Restated Cooperation Agreement Between The Town of Danville and the Community Development Agency of the Town of Danville dated as of November 18, 1997 (as amended from time to time, the "Town/Agency Cooperation Agreement"); and WHEREAS, by staff report accompanying this Resolution and incorporated into this Resolution by this reference (the "Staff Report"), the Town Council and Agency have been provided with additional information upon which the findings and actions set forth in this Resolution are based; now, therefore, be it RESOLVED by the Danville Town Council that: 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. PAGE 2 OF RESOLUTION NO. 117-99 2. Pursuant to Section 33433 of the Law, the Town Council hereby finds that the consideration to be given by the Developer under the DDA is not less than the fair reuse value of the Agency Parcel at the use and with the covenants, conditions, and development costs authorized by the DDA for redevelopment of the Expanded Shopping Center on the Property. This finding is based on the facts and analysis set forth in the Recitals, the Staff Report and the Section 33433 Summary accompanying this Resolution. 3. Pursuant to Section 33433 of the Law, the Town Council hereby finds that the conveyance of the Agency Parcel and the redevelopment of the Expanded Shopping Center on the Property pursuant to the DDA will assist in the elimination of blight in the Project Area and is consistent with the Implementation Plan. These findings are based on the facts and analysis set forth in the Recitals, the Section 33433 Summary and the Staff Report accompanying this Resolution. 4. Pursuant to Section 33433 of the Law and based on the findings set forth in Sections 2 and 3 of this Resolution, the Town Council hereby approves the DDA and all ancillary documents; approves execution by the Agency Chairperson or Executive Director of the DDA and all ancillary documents, on behalf of the Agency, in substantially the form on file with the Agency Secretary and City Clerk, with such changes as are approved by the Agency signatory (such approval to be conclusively evidenced by the execution of the DDA); approves execution by the Mayor or Town Manager of the DDA and all ancillary documents, on behalf of the Town, in substantially the form on file with the Agency Secretary and City Clerk, with such changes as are approved by the Town signatory (such approval to be conclusively evidenced by the execution of the DDA); and approves the grant of the Agency Parcel by the Agency pursuant to the provisions of the DDA, including the condition that the Developer first obtain the Planning Approvals (which may be granted or denied in the Town's policy discretion). 5. Pursuant to Section 33445 of the Law, the Town Council hereby finds that the Public Improvements are of benefit to the Project Area, no other reasonable means of financing the construction of the Public Improvements is available to the Town, the Agency, the Developer or the community, and payment of funds for the cost of the Public Improvements will assist in the elimination of one or more blighting conditions inside the Project Area and is consistent with the Implementation Plan. These findings are based on the facts and analysis set forth in the Recitals, the Staff Report and the Section 33433 Summary accompanying this Resolution. 6. Pursuant to Section 33421.1 of the Law, the Town Council hereby finds that the provision of the Public Improvement is necessary to effectuate the purposes of the Redevelopment Plan, including redevelopment of the Expanded Shopping Center on the Property. This finding is based on the facts and analysis set forth in the Recitals, the Staff Report and the Section 33433 Summary accompanying this Resolution. 7. Pursuant to Sections 33445 and 33421.1 of the Law and based on the findings set forth in Sections 5 and 6 of this Resolution, the Town Council hereby consents to the Agency's payment for the cost of installation and construction of the Public Improvements in the manner set forth in the DDA. PAGE 3 OF RESOLUTION NO. 117-99 8. The Town Council hereby determines and agrees that the obligations of the Agency to make certain payments to the Town under Section 3.3 of the DDA constitute debts of the Agency payable to the Town in accordance with the terms of the Town/Agency Cooperation Agreement. 9. Nothing in this Resolution shall affect the Town Council's policy discretion in granting or denying the Planning Approvals. APPROVED by the Danville Town Council at a regular meeting on July 20, 1999, by the following vote: AYES: Arnerich, NOES: Shimansky ABSENT: None ABSTAIN: None Greenberg, Doyle, Waldo MAYOR APPROVED AS TO FORM: CITY ATTORNEY ATTEST: CITY CLERK PAGE 4 OF RESOLUTION NO. 117-99