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COUNCIL/REDEVELOPMENT AGENCY AGENDA ITEM NO. 10

Meeting Date: January 22, 2008

Subject/Title: (1) City Council - Adopt Resolution authorizing the City Manager to execute a Cooperation Agreement between the City of Brentwood and Brentwood Redevelopment Agency regarding the funding and construction of the Harvest Park Basin Capital Improvement Project #391-39030 in an amount not to exceed $720,000.

(2) Redevelopment Agency - adopt a Resolution authorizing the Executive Director to execute a Cooperation Agreement between the City and Agency regarding the Harvest Park Basin Capital Improvement Project #391-39030 and authorizing the Agency Treasurer to appropriate funds from the Redevelopment Agency of the City of Brentwood Tax Allocation Bonds, Series 2001, to fund Harvest Park Basin Capital Improvement Project #391-39030 in an amount not to exceed $720,000.

Prepared by: Gina Rozenski, Redevelopment Manager

Submitted by: Howard Sword, Community Development Director

RECOMMENDATION
(1) City Council - Adopt Resolution authorizing the City Manager to execute a Cooperation Agreement between the City of Brentwood and Brentwood Redevelopment Agency regarding the funding and construction of the Harvest Park Basin Capital Improvement Project #391-39030 in an amount not to exceed $720,000.

(2) Redevelopment Agency - adopt a Resolution authorizing the Executive Director to execute a Cooperation Agreement between the City and Agency regarding the Harvest Park Basin Capital Improvement Project #391-39030 and authorizing the Agency Treasurer to appropriate funds from the Redevelopment Agency of the City of Brentwood Tax Allocation Bonds, Series 2001, to fund Harvest Park Basin Capital Improvement Project #391-39030 in an amount not to exceed $720,000.

PREVIOUS ACTION
On April 11, 2006, the Redevelopment Agency approved its project priorities to be funded by its 2001 Tax Allocation Bond Proceeds with deliberate coordination with the City’s Capital Improvement Program. The Agency’s approved priorities included funding for the Harvest Park Basin Project in an amount of $720,000.

On June 12, 2007, by Resolution No. 2007-126, City Council adopted the City’s 2007/08 – 2011/12 Capital Improvement Program (“CIP”), which included the Harvest Park Basin Project in the total amount of $720,000, fully funded by the Redevelopment Agency’s 2001 Tax Allocation Bond Proceeds.

On June 26, 2007, by Resolution RDA-128, the Redevelopment Agency approved its two-year operating budget, which included a budget amount of $720,000 in 2007/08 for the Harvest Park Basin Project.

On December 11, 2007, the City Council adopted the Project’s Initial Study/Mitigated Negative Declaration and Mitigated Monitoring Report in a public hearing.

BACKGROUND
The Harvest Park Basin is approximately three acres in size and located on the northwest corner of Harvest Park Drive and Guthrie Lane. Upon the completion of Drainage Area 52C, Storm Drain Line A and detention basins outfall projects, the temporary basin known as Harvest Park Basin can be abandoned. The Capital Improvement Project includes removing and blocking existing inlets into the temporary basin, then placing approximately 50,000 cubic yards of engineered fill into the basin and rough grading the parcel for use as a future, buildable pad.

The project commenced several months ago with the necessary environmental studies and the Council’s adoption of the Project’s Initial Study/Mitigated Negative Declaration and Mitigated Monitoring Report in a public hearing on December 11, 2007. Survey, mapping, improvement design and plan preparation, brush and tree clearance, and engineering services have also begun. However, there has been a substantial increase in the cost of fill since the original cost estimate for this project. Therefore, staff proposes to complete as much work as possible, while leaving the fill work to occur over the next few years and allowing developers to use the property as a clean fill site, thereby keeping the cost of the project in line with the original budget.

After the site is filled and graded, the property will be transferred from the City to the Agency for the purpose of selling it for a commercial/light industrial use in accordance with the zoning regulations. The proceeds from the sale will first be returned to the Agency for reimbursement of its direct on-site improvement and associated sales costs with any excess returned to the City.

A redevelopment agency is permitted by Community Redevelopment Law to pay for improving and preparing a site for future development when the agency is the official owner. However, since the City currently owns this property, the Agency cannot fund the environmental studies, engineering, clearance or grade work without a Cooperation Agreement between the City and Agency outlining the agreement to transfer the property and reimbursement to the Agency if no transfer takes place.

Staff requests the Council to adopt a resolution authorizing the City Manager to execute the Cooperation Agreement in an amount not to exceed $720,000 for the Harvest Park Basin Capital Improvement Project.

Staff requests the Agency to adopt a resolution authorizing the Executive Director to execute the Cooperation Agreement and the Agency Treasurer to appropriate $720,000 from the Redevelopment Agency of the City of Brentwood Tax Allocation Bonds, Series 2001, to fund the Harvest Park Basin Capital Improvement Project #391-39030.

FISCAL IMPACT
The payment of $720,000 towards the Harvest Park Basin Capital Improvement Project #391-39030 shall be funded by the Redevelopment Agency’s Tax Allocation Bonds, Series 2001. These funds are included in the 2007/08 Redevelopment Operating Budget as well as budgeted on the CIP project sheet. The General Fund will be not used.

Attachments:
Council Resolution
Redevelopment Agency Resolution
Cooperation Agreement

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE CITY MANAGER TO EXECUTE A COOPERATION AGREEMENT BETWEEN THE CITY AND THE BRENTWOOD REDEVELOPMENT AGENCY REGARDING THE FUNDING AND CONSTRUCTION OF THE HARVEST PARK BASIN CAPITAL IMPROVEMENT PROJECT #391-39030 IN AN AMOUNT NOT TO EXCEED $720,000

WHEREAS, on June 12, 2007, by Resolution No. 2007-126, City Council adopted the City’s 2007/08 – 2011/12 Capital Improvement Program (“CIP”), which included the Harvest Park Basin Project (“Project’) in the total amount of $720,000 funded by the Redevelopment Agency’s 2001 Tax Allocation Bond Proceeds; and

WHEREAS, on June 26, 2007, by Resolution RDA-128, the Agency approved its two-year operating budget, which included a budget amount of $720,000 in 2007/08 for the Harvest Park Basin Project; and

WHEREAS, the Harvest Park Basin Project is located within the Merged Redevelopment Project Areas. Upon the completion of Drainage Area 52C, Storm Drain Line A and detention basin outfall projects, the Harvest Park Basin will be abandoned, the existing inlets will be removed and blocked, engineered fill will be placed into the basin, and the parcel will be rough graded for a buildable parcel, in preparation to sell the approximately three acre parcel as a commercial and light industrial use; and

WHEREAS, on December 11, 2001, the City Council adopted the Project’s Initial Study/Mitigated Negative Declaration and Mitigated Monitoring Report in a public hearing on December 11, 2007; and

WHEREAS, the City of Brentwood and the Brentwood Redevelopment Agency desire to enter into a Cooperation Agreement wherein the Agency will fund the on-site improvements of Harvest Park Basin, a City-owned parcel, in an amount not to exceed $720,000; the City will transfer the parcel to the Agency in the future to sell for a commercial and light industrial use as provided by the zoning; the Agency will be fully reimbursed its financial contribution to the Project from the sale proceeds, and the excess sales proceeds will be returned to the City.

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby authorize the City Manager to execute the Cooperation Agreement between the City and Brentwood Redevelopment Agency in the form attached hereto, subject to minor or technical revisions approved by the City Manager in consultation with the City Attorney, regarding the funding and construction of the Harvest Park Basin Capital Improvement Project #391-39030, in an amount not to exceed $720,000.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 22nd day of January 2008 by the following vote:

RESOLUTION NO. RDA-

A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF BRENTWOOD 1) AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A COOPERATION AGREEMENT BETWEEN THE AGENCY AND THE CITY OF BRENTWOOD REGARDING THE FUNDING AND CONSTRUCTION OF THE HARVEST PARK BASIN PROJECT #391-39030 IN AN AMOUNT NOT TO EXCEED $720,000; AND 2) AUTHORIZING THE AGENCY TREASURER TO APPROPRIATE FUNDS FROM THE REDEVELOPMENT AGENCY OF THE CITY OF BRENTWOOD TAX ALLOCATION BONDS, SERIES 2001, TO FUND THE HARVEST PARK BASIN CAPITAL IIMPROVEMENT PROJECT #391-39030, IN AN AMOUNT NOT TO EXCEED $720,000

WHEREAS, On April 11, 2006, the Redevelopment Agency (“Agency”) approved its project priorities to be funded by its 2001 Tax Allocation Bond Proceeds with deliberate coordination with the City’s Capital Improvement Program. The Agency’s approved priorities included funding for the Harvest Park Basin Project in an amount of $720,000; and

WHEREAS, on June 12, 2007, by Resolution No. 2007-126, City Council adopted the City’s 2007/08 – 2011/12 Capital Improvement Program (“CIP”), which included the Harvest Park Basin Project in the total amount of $720,000, fully funded by the Redevelopment Agency’s 2001 Tax Allocation Bond Proceeds; and

WHEREAS, on June 26, 2007, by Resolution RDA-128, the Agency approved its two-year operating budget, which included a budget amount of $720,000 in 2007/08 for the Harvest Park Basin Project; and

WHEREAS, the Harvest Park Basin Project is located within the Merged Redevelopment Project Areas. Upon the completion of Drainage Area 52C, Storm Drain Line A and detention basin outfall projects, the Harvest Park Basin will be abandoned, the existing inlets will be removed and blocked, engineered fill will be placed into the basin, and the parcel will be rough graded for a buildable parcel, in preparation to sell the approximately three acre parcel as a commercial and light industrial use; and

WHEREAS, the City of Brentwood and the Brentwood Redevelopment Agency desire to enter into a Cooperation Agreement wherein the Agency will fund the on-site improvements of Harvest Park Basin, a City-owned parcel, in an amount not to exceed $720,000; the City will transfer the parcel to the Agency in the future to sell for a commercial and light industrial use as provided by the zoning; the Agency will be fully reimbursed its financial contribution to the Project from the sale proceeds, and the excess sales proceeds will be returned to the City.

NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of Brentwood does hereby authorize the Executive Director to execute the Cooperation Agreement between the City and Brentwood Redevelopment Agency in the form attached hereto, subject to minor or technical revisions approved by the Executive Director in consultation with the Agency’s Counsel, regarding the funding and construction of the Harvest Park Basin Capital Improvement Project #391-39030, in an amount not to exceed $720,000; and

BE IT FURTHER RESOLVED that the Redevelopment Agency of the City of Brentwood does hereby authorize the Agency Treasurer to appropriate funds from the Redevelopment Agency of the City of Brentwood Tax Allocation Bonds, Series 2001, to fund the Harvest Park Basin Capital Improvement Project #391-39030 in an amount not to exceed $720,000; and

PASSED, APPROVED AND ADOPTED by the Redevelopment Agency of the City of Brentwood at a regular meeting held on the 22nd day of January 2008 by the following vote:

COOPERATION AGREEMENT
THIS COOPERATION AGREEMENT (the "Agreement") is entered into this _____ day of , 2008 (the “Effective Date”), by and between the REDEVELOPMENT AGENCY OF THE CITY OF BRENTWOOD, a public body, corporate and politic (the "Agency"), and the CITY OF BRENTWOOD, a municipal corporation (the "City").
Recitals
A. By Ordinance No. 632, adopted on May 9, 2000, the City Council of the City of Brentwood adopted and approved a certain Redevelopment Plan (the "Redevelopment Plan") for the Merged Redevelopment Plan for the North Brentwood Redevelopment Project, as amended (the "Project").
B. The City is the current owner of that certain real property located within the boundaries of the Project, as described in Exhibit A, attached hereto and incorporated herein (the "Site").
C. In furtherance of the Project, the City and Agency desire that the Site be transferred from the City to Agency to facilitate the redevelopment of the Site. The Agency desires to make certain improvements to the Site, consisting of the removal and blocking of existing inlets into the temporary basin, the placement of engineering fill into the basin and the rough grading of the Site, pursuant to the authority granted to the Agency by Health & Safety Code section 33421 (the “Site Improvements”).
D. Pursuant to the Community Redevelopment Law of the State of California (Health and Safety Code Section 33000 et seq.) and its general city powers, the City desires to assist the Agency in the implementation of the Site Improvements.
E. In furtherance of the Project, the City and Agency desire to enter into an agreement under which the City will undertake responsibility for the construction and installation of the Site Improvements on behalf of the Agency prior to conveyance of the Site to the Agency.
F. The Agency and City have determined that the Site Improvements are of benefit to the Project, and that the Agency is authorized to pay for the construction and installation of the Site Improvements, provided that such payment is conditioned on transfer of the Site to the Agency.

Agreements
NOW, THEREFORE, THE CITY AND THE AGENCY HEREBY AGREE AS FOLLOWS:
Section 1. Purpose of this Agreement.
The purpose of this Agreement is to provide for the funding and construction and installation of certain improvements to the Site to serve and benefit the Project and to implement and carry out the Redevelopment Plan for the Project.
Section 2. Terms of Performance by the City.
The City agrees to design and cause the construction and installation of the Site Improvements referred to in Recital C to serve and benefit the Project, subject to (1) the availability of funds paid to it pursuant to this Agreement by the Agency, and (2) compliance with the Redevelopment Plan and all applicable laws with respect to such Site Improvements.
Section 3. Payments by the Agency.
The Agency agrees to pay the City an amount equal to $720,000 (the “Funds”) for the purposes of this Agreement. The payment by the Agency pursuant to this Agreement is conditioned on the transfer of the Site to the Agency following completion of the Site Improvements. In the event that the City fails to transfer the Site to the Agency by December 31, 2012, the City shall repay the Agency the Funds, plus annual interest from the Effective Date until December 31, 2012, at a rate equal to the Local Agency Investment Fund (“LAIF”) rate. Immediately upon execution of this Agreement, the Agency shall transfer the Funds to the Harvest Park Basin Capital Improvement Project #391-39030.
Section 4. Transfer of the Site to Agency.
Upon completion of the Site Improvements and preparation of the Site, the City shall transfer the Site to Agency at no cost for the purpose of transfer to a private developer in accordance with the Project. From the proceeds of a transfer, the Agency shall retain the Funds, plus annual interest at the LAIF rate from the Effective Date to the date of transfer and the Agency’s costs of sale, such as appraisal and escrow fees.
Section 5. Indebtedness of the Agency.
This Agreement constitutes an indebtedness of the Agency incurred in carrying out the Project, and a pledging of tax allocations from the Project to repay such indebtedness, under the provisions of Section 16 of Article XVI of the California Constitution and Sections 33670-33674 of the Health and Safety Code; provided, however, that such pledge of tax allocations shall always be subordinate and subject to the right of the Agency to pledge or commit tax allocations from the Project to repay bonds or other indebtedness incurred by the Agency in carrying out the Project.
Section 6. Liability and Indemnification.
Pursuant to Section 895.4 of the Government Code, the Agency and the City agree that each will assume the full liability imposed upon it or any of its officers, agents or employees for injury caused by a negligent or wrongful act or omission occurring in the performance of this Agreement, and each party agrees to indemnify and hold harmless the other party for any loss, cost or expense that may be imposed upon such other party by virtue of Sections 895.2 and 895.6 of the Government Code.
Section 7. Termination of this Agreement.
This Agreement and the obligations of the City and the Agency hereunder shall terminate only upon (1) the mutual agreement of the City or Agency, or (2) the completion of the Site Improvements under this Agreement and transfer of the Site from the City to the Agency.
IN WITNESS WHEREOF, the Agency and the City have executed this Agreement as of the date first above written.
CITY OF BRENTWOOD

By
Mayor
By
City Clerk
"CITY" REDEVELOPMENT AGENCY OF
THE CITY OF BRENTWOOD
By
Chair
By
Secretary
"AGENCY"

EXHIBIT A

DESCRIPTION OF SITE

• Northwest corner of Harvest Park Drive and Guthrie Lane
• APN 010-150-040
• 2.87 acres in size

 
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