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HomeMy WebLinkAboutAGENDA - 10072008 - C.26 a rf TO: BOARD OF SUPERVISORS A,,i . s L `� Contra FROM: William Walker, M.D., Health Services Director of � �;, Cjostr, DATE: September 16, 2008 S�'4 COUIj'� ti County SUBJECT: Medical Staff Appointments and Reappointments — September 2008 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: Approve the following recommendations made by the Medical Executive Committee on September 15, 2008 FISCAL IMPACT: None BACKGROUND: The Joint Commission on Accreditation of Healthcare Organizations has requested that evidence of Board Approval for each Medical Staff member will be placed in his or her Credentials File. The above recommendations for appointment/reappointment were reviewed by the Credentials Committee and approved by the Medical Executive Committee. New Medical Staff Members Karen Alingog, MD Family Medicine Lisa Quinones, MD Family Medicine Sam Sayani, MD Emergency Medicine Denice Tai, MD Family Medicine CONTINUED ON ATTACHMENT:_ YES SIGNATURE: Ni"V✓`�� RECOMMENDATION OF COUP'-'ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATU (S): ACTION OF BOARD ON APPROVE AS RECOMMENDED OT ER VOTE OF SUPERVISORS / I HEREBY CERTIFY THAT THIS IS A TRUE V UNANIMOUS (ABSENT 1 AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD AYES: NOES: OF SUPERVISORS ON THE DATE SHOWN. ABSENT ABSTAIN: ATTESTED DAVID J.TWA,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Contact Person: Jeff Smith,MD(Hasp.Adm.) Cc: County Administrator ��/�/�p� County Auditor-Controller BY:ya `� DEPUTY Health Services Director Medical Staff Adm.(J.Fon) H.S.Personnel(M.Brown) '1 Family Medicine Residents —2008 Elizabeth Bieer, MD University of Arizona Ruben Gonzalez, MD University of Washington David Grant Medical Center—Travis AFB — Family Medicine Residents Young-Me Christina Chung, MD Katherine Mansalis, MD Nathan Miller, MD Scott Stafford, MD Advance to Non-Provisional Christopher Benitez, MD Psychiatry/Psychology C Anna Budayr, MD Psychiatry/Psychology C Kwan Chun, MD Family Medicine A Bradly Keller, MD Psychiatry/Psychology C Jasleen Kukreja, MD Surgery C Zakaria Siddiqui, MD Psychiatry/Psychology C Request for Additional Privileges Kimberly Duir, MD Emergency Medicine Patty Glatt, MD Family Medicine Eve McCarthy, NP Family Medicine Request to Change Primary Department Brett Curtis, MD Surgery Chistiana Weng, MD Surgery Biennial Reappointments Jason Appel, MD Surgery C Gerard Bland, MD Emergency Medicine A Justin Chatten-Brown, MD Emergency Medicine A Martha Corcoran, MD Surgery A Charita Dagcuta, MD Psychiatry/Psychology C Robert Davies, MD Internal Medicine C Krista Farey, MD Family Medicine A Pradeep Kumar, MD Psychiatry/Psychology A F. Jerry Mattka, DDS Dental A Greta Perez, MD Family Medicine A Charlotte Standefer, MD Family Medicine A Steven Tremain, MD Internal Medicine A Mark Vukalcic, MD Anesthesia A Gary Yee, DDS Dental C Biennial Renewal of Privileges Linda Stephenson, NP Family Medicine Aff Voluntary Resignations Ann Cappellari, MD Emergency Medicine Nakul Varshney, MD Psychiatry/Psychology Medical Staff Appointments and Reappointments-September 2008 Page 2 of 1 TO: REDEVELOPMENT AGENCY -- Contra FROM: David Twa, Executive Director , `s Costa DATE: October ?, 2008 v County rA Fbiii+`�'� SUBJECT: Orbisonia Heights Replacement Housing Plan Adoption, Bay Point Area SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION Recommended Action: ADOPT Resolution 2008/652 approving the Orbisonia Heights Replacement Housing Plan as required by Section 33413.5 of the Health and Safety Code, for implementation of the Bay Point Redevelopment Plan and Pittsburg/Bay Point Specific Plan. Fiscal Impact: This activity is funded by the Contra Costa County Redevelopment Agency (100%). No General Fund money was used on this project. CONTINUED ON ATTACHMENT: ❑ YES SIGNATURE: C "1 POECOMMENDATION OF EXECUTIVE DIRECTOR ❑RECOMfNEN ATION OFA 3ENCYCOMMITTEE APPROVE FIOTHER SIGNATURE(S): p ACTION OF AGENCY ONr7lo APPROVED AS RECOMMENDED VOTPER .❑ VOTE OF COMMISSIONERS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND UNANIMOUS (ABSENT _F ) ENTERED ON THE MINUTES OF THE AYES: NOES: REDEVELOPMENT AGENCY ON THE DATE SHOWN. ABSENT: r�ABSTAIN: ATTESTED omeer Contact: Maureen Toms 335-7230 DAVID TWA,AGENCY SECRETARY Orig: Redevelopment Agency / �-/ ;d cc: CAO By: Deputy County Counsel Redevelopment Agency SUBJECT: Orbisonia Heights Replacement Housing Plan DATE: October 7, 2008 PAGE: 2 Reasons for Recommendations and Background: Implementation of the adopted Pittsburg/Bay Point BART Station Area Specific Plan provides for the redevelopment of approximately 7.6 acres of the Orbisonia Heights subdivision with residential mixed-use, transit-oriented development. In order to meet the purpose of this portion of the Specific Plan,acquisition of the existing residential properties southeast of the State Highway 4/Bailey Road Interchange must occur. The Relocation Plan for the area was adopted on October 2, 2007. While carrying out the activities contemplated in the Specific Plan,the Agency has entered into agreements for acquisition of real property, which would lead to the destruction or removal of dwelling units from the low and moderate income housing market. The Agency is required to adopt by resolution a Replacement Housing Plan, which shall include the general location of the replacement housing, an explanation of the means for financing the replacement housing, a finding that the replacement housing does not require the approval of the voters pursuant to Article XXXIV of the California Constitution or that such approval has been obtained, the number of dwelling units housing persons or families of low or moderate income planned for construction or rehabilitation and a timetable for meeting the plan's relocation, rehabilitation and replacement housing objectives. The Replacement Housing Plan was reviewed by the Bay Point Project Area Committee on May 14, 2008 and recommended for adoption. Consequences of Negative Action: The Agency will be out of compliance with the Section 33413.5 of the Health and Safety Code. THE REDEVELOPMENT AGENCY OF CONTRA COSTA COUNTY Adopted this Order on �r2008,. . by the following vote: AYES: 6 NOES: ��n ABSENT: ABSTAIN: ��ULPJ Resolution No.: 2008-652 SUBJECT: Approving and adopting the Replacement Housing Plan for the Orbisonia Heights project within the Bay Point Project Area. The Board of Directors (the "Board") of the Redevelopment Agency of Contra Costa County (the "Agency") RESOLVES THAT: The Agency is responsible for implementing the redevelopment plan (the "Redevelopment Plan") and redevelopment program for the Bay Point Redevelopment Project Area (the "Project Area"). To accomplish the goals and objectives of the Redevelopment Plan, the Agency has initiated a project in the Orbisonia Heights neighborhood of the Project Area (the "Project") to develop a mixed-use, residential transit-oriented development south of State Route 4 on a 7.6 acre parcel bounded by State Route 4 to the north, Ambrose Park to the east, West Leland Road to the south, and Bailey Road to the west (the "Site"). The Project includes the acquisition of the residential property, relocation of the current occupants, and clearance of the existing structures. The clearance of the Site to accomplish the Project will result in the permanent displacement of thirty-nine (39) residential households of low or moderate income. Pursuant to Health and Safety Code Section 33413(a), whenever dwelling units housing persons and families of low or moderate income will be removed from the community's housing stock as a result of the redevelopment program, the Agency must cause to be made available within four (4) years of removal of such units, an equal number of replacement dwelling units of same or greater bedroom count at affordable housing cost within the unincorporated territory of the County of Contra Costa. Pursuant to Health and Safety Code Section 33413.5, the Agency has prepared and made available to the public a replacement housing plan (the "Replacement Housing Plan") setting 1 320\07\582780.2 forth the manner in which the Agency intends to comply with the foregoing replacement housing requirement for the Project. A copy of the Replacement Housing Plan is on file with the Agency Secretary. The Replacement Housing Plan has been reviewed with, and input on the Replacement Housing Plan has been obtained from, the Bay Point Project Area Committee. Notice of the Replacement Housing Plan and this meeting to consider the Replacement Housing Plan has been duly provided by publication in the Agency's newspaper of general circulation. The accompanying staff report provides additional information regarding the Project and the Replacement Housing Plan that has been considered by the Board in connection with approval of this Resolution. NOW, THEREFORE, BE IT RESOLVED, that the Board finds the above recitals true and correct. BE IT FURTHER RESOLVED, that the Board finds that the Replacement Housing Plan provides a suitable method for replacing the dwelling units that will be removed from the community's housing stock as a result of redevelopment of the Site pursuant to the Project. BE IT FURTHER RESOLVED, that based on the foregoing and in compliance with Health and Safety Code Section 33413.5, the Board approves and adopts the Replacement Housing Plan as the Agency's replacement housing plan for redevelopment of the Site pursuant to the Project. BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately upon adoption. 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: G DAVID TWA , Executive Director and Agelnc/y/{Secretary By , Deputy 2 320\07\582780.2 MUM /mm{+q�j�,myr�L,,am ® •" 1 ® . � OM 111 mum ®i�r'� ieHt3irfllr,{b�.ilEFfts� f�1® REPLACEMENT HOUSING PLAN RELATIVE TO The 'Orbisonia Heights' Project Prepared for Contra Costa County Redevelopment Agency By Overland, Pacific & Cutler, Inc. 7901 Oakport Street, Suite 4800 Oakland, CA 94621-2015 Phone: 877.972.89808 September, 2008 320\07\583139.2 Orbisonia Heights Replacement Housing Plan— Contra Costa County TABLE OF CONTENTS I. INTRODUCTION 3 II. PROJECT DESCRIPTION AND LOCATION 6 III. UNITS TO BE REPLACED 10 IV. ANNUAL INCOME RESTRICTIONS 12 V. LOCATION OF REPLACEMENT HOUSING 13 VI. FINANCING THE REPLACEMENT HOUSING 13 VII. NON-APPLICABILITY OF ARTICLE XXXIV OF THE CALIFORNIA 14 CONSTITUTION VIII. TIMETABLE FOR REPLACEMENT HOUSING 14 IX. SUMMARY 14 TABLE OF FIGURES Figure 1. Regional Location 7 Figure 2. Site-specific Location 8 Figure 3. Aerial View 9 STATISTICAL TABLES TABLE 1. DISPLACED DWELLINGS & BEDROOMS BY DWELLING 11 UNIT SIZE & INCOME LEVEL TABLE 2. AREA MEDIAN INCOME (2007) — CONTRA COSTA COUNTY 12 TABLE 3 POTENTIAL NEW DEVELOPMENT ACTIVITY 15 320\07\583139.2 2 Orbisonia Heights Replacement Housing Plan— Contra Costa County I. INTRODUCTION The Contra Costa County Redevelopment Agency (the 'Agency') has identified thirty five (35) parcels of land located within the Orbisonia Heights neighborhood of the-Bay Point Redevelopment Project Area for acquisition, consolidation and redevelopment into a mixed-use residential, transit-oriented development consistent with both the General, and Specific Plans for the area and, the Bay Point Redevelopment.Plan (the 'Project'). To achieve its goals, the Agency.will raze the existing structures, thereupon, and redevelop the site consistent with the General, Specific and Redevelopment Plans. The real property that has been, and is proposed to be acquired results in the displacement of forty-two (42) households The residential premises which are the subject of this Replacement Housing Plan (the 'Plan') are located in the unincorporated County community of Bay Point, south of State Route 4 and bounded on the north by State Route 4; on the east by Ambrose Park; on the south by West Leland Road; and, on the west by Bailey Road. Bailey Road is the nearest north/south collector to and from State Route 4, and in close proximity to the Pittsburgh/Bay Point BART Station. The specific seven, and six-tenths acre (7 6/10th ac.) site consists primarily of single-family homes and existing public rights-of-way. Section 33413.5 of California Community Redevelopment Law (Health and Safety Code Section 33000 et. seq.) requires a redevelopment agency to adopt a 'Replacement Housing Plan' (the 'Plan') whenever the agency executes an agreement for acquisition of real property, or an agreement for the disposition and development of real property; either of which will lead to the clearance, or removal of dwelling units from the low- and moderate-income housing market within the community. 320\07\583139.2 3 Orbisonia Heights Replacement Housing Plan— Contra Costa County The Plan should identify the impacts that a particular project will have on the community's supply of low and moderate income housing and detail the measures that the agency will take to ensure that appropriate replacement housing is produced within four (4) years of the loss of said units from the municipality's real estate market. In this regard, the Agency has retained Overland, Pacific & Cutler, Inc. ('OPC' or, 'Consultant'), to prepare this Plan. Agencies have two (2) options for pursuing replacement housing either pursuant to Section 33413(a) or, Section 33413(f) of the California Redevelopment Law. Section 33413(a) of the California Redevelopment Law requires that whenever dwelling units housing persons or families of low or moderate income are destroyed or removed from the low- and moderate-income housing market as part of a redevelopment project the agency shall rehabilitate, develop, or construct or cause to be rehabilitated, developed, or constructed, for rental or sale to persons and families of low to moderate income, an equal number of replacement dwelling units at affordable housing cost within the Redevelopment Project Area or within the territorial jurisdiction of the agency. Inasmuch as the units are being removed post-January 01, 2002, one hundred percent (100%) of the replacement dwelling units shall be available at affordable housing cost to, and occupied by persons in either the same or a lower income category (i.e., 'Very Low', 'Lower' and 'Moderate') as the persons displaced from those units destroyed, or otherwise removed (e.g., a conversion from rental, to condominium ownership, for example). Section 33413(a) notwithstanding, Section 33413(f) states that an agency may replace dwelling units destroyed, or otherwise removed from the municipality's inventory with a fewer number of replacement dwelling units if the replacement units meet both of the following criteria: 1. the total number of bedrooms in the replacement dwelling units equals or exceeds the number of bedrooms in the destroyed or removed units; and, 320\07\583139.2 4 Orbisonia Heights Replacement Housing Plan— Contra Costa County 2. the replacement units are affordable to the same income category of the households which occupied the destroyed or removed units. The units must be within the agency's "jurisdiction", in standard condition and designed to remain affordable to very low, lower and moderate income households, respectively, for a minimum of the longest feasible time, as determined by the agency, but for no less than the period of land use controls established in the applicable Redevelopment Plan, unless a longer time period is applicable pursuant to California Health & Safety Code Section 33413(c). In compliance with the Community Redevelopment Law Reform Act of 1993 — commonly referred to as AB1290 — redevelopment agencies were required to adopt a five (5)-year 'Implementation Plan' for each redevelopment project area by December 31, 2004. In accordance with that provision, Consultant is advised that the Agency adopted an Implementation Plan which identifies the obligation established by the subject Project. This Replacement Housing Plan (the 'Plan') has been prepared by the Agency as a result of the prospective elimination of residential property for the 'Orbisonia Heights' Project and, to satisfy the requirements for replacement housing contemplated pursuant to California Redevelopment Law. This Plan describes the following: a) The proposed Project; b) The general location of the very-low, lower and moderate income dwelling units which will or may be removed or destroyed as a result of the Project; c) The general location and intentions for the development of the replacement housing units; d) The means proposed for financing such development; e) An anticipated schedule for the construction of the replacement housing; 320\07\583139.2 5 Orbisonia Heights Replacement Housing Plan— Contra Costa County f) The period for which the replacement units will remain affordable; and, g) The non-applicability of California Constitution Article XXXIV. II. PROJECT DESCRIPTION AND LOCATION The Agency has initiated a Project in the Orbisonia Heights neighborhood, of the Bay Point Redevelopment Project Area to develop a mixed-use, residential transit-oriented development south of State Route 4 on a 7.6 acre parcel bounded by State Route 4 to the north; Ambrose Park to the east; West Leland Road to the south; and, Bailey Road to the west. The Project includes the acquisition of 35 parcels of property and clearance of the existing structures. The clearance of the site which is the subject of this Plan will result in the permanent displacement of thirty-nine (39) residential households of very low to moderate income levels. Figures 1., 2., and 3. following provide graphic representation as to the Regional, Site-specific and, an Aerial view of the Project site. (Remainder of page intentionally left blank) 320A07A583139.2 6 I Orbisonia Heights Replacement Housing Plan- Contra Costa County Base P 0 i*rn VC Hastings, L------------Y-4 rnio 121 29 d 61 Ryde 12 L ;owarZa—ncringli 6 merican Can Suisun Cordelia walker Landing M 10 Vista Rd ( - 16 C 10 Vi la Isleton IM Birds Landing 12 '\Js 0 arizzly Atay Collinsville 6 N, e Icla I -----Bayj 1 -1-11,i;I Rodeo C 'ji�;I\iiurq 'M West u P fietlyel, Iz Island ]0 ti H.Orcullas I Oakley @. p cord) ba aolo r-.F Knightsen-,,,f Ir ea- I nmon f Clayton 13 renrw4vo is J4 od rtEI Gm nut Creek/ Bay �Alba BerkeleyNt Diablo,- 4 n a larno State Park -7}.,- -K IC 9 Cany moraga anvil[ Blarkhawk tt �,,.FranNscp6C_, randsc C. an Mc, N�1)L 0 � S.an Map Data 0,2008 it AND, Figure 1. Regional Location (Remainder of page intentionally left blank) 320\07\583139.2 7 Orbisonia Heights Replacement Housing Plan— Contra Costa County M11PQ17ESTrir to 3 0 m _lan�as�r�Ln�--' \G�_ ; South Sti: / /Re \ -`."__ J —Canal Rd_ --- — q .y. .. ..... ; 11 - �Sf Ambrose Pa►k 0 / LW!aven`Way Ioafe(Key--,�Acc`ess) N ®.2008 MapQuest Inc. Gate(Key �,_._✓ f 5 Map Oalal®2008 NAV7EQ or TeleAtlas Figure 2. Site-specific Location (Remainder of page intentionally left blank) 320\07\583139.2 8 ,` "+S�c.`.�� - - `� I� '#3:. .ice c. •fit' �° a f - � � ��'���f • .• �� �� � � � `�• ` y�.� ..� "' LL j� � ' Amb�roae Park %° ';`,•t h. �.r•- ...-s- �f l'-- 'may �^�� `�+!•` i� '' �/%` ]. 1 T�l " . � S , f S w.•` I _ MaylaVL rd�SP.'.�p fo 11 r _�.« �7�t � m F Ylr. • a �_ 'IAIYLeland Rd W Lcland R,�dy.w. o , T�f})q+..�.y�'��{. '•• Y1 •/'/�� •y'-�•��• F1�� ! , ��A Orbisonia Heights Replacement Housing Plan— Contra Costa County III. UNITS TO BE REPLACED Interviews of the occupants of the Project site residing in the dwelling units which were, prospectively, to be razed were conducted during late April through May of 2007. Information obtained from the occupants was used to determine the number of bedrooms per dwelling unit occupied, and gross household income of each household to be displaced by the Project. A total of four (4) households — two (2), each, of tenants and homeowners — did not provide income information during the interview process. Based upon the median annual income of respondent households residing on the premises, an income has been imputed for the four (4) units — two (2) tenant- occupied and two (2) owner-occupied — for which income information was not available. In addition, incomes were imputed for two (2) occupied, three (3)- bedroom residential dwelling units, both on South Broadway Avenue, which were acquired and razed in 2005 and 2006. Replacement Housing Requirements Pursuant to California Redevelopment Law as discussed in Section I. INTRODUCTION, the Agency shall make available one hundred percent (100%) of the replacement dwelling units at affordable housing cost to, and to be occupied by households in the same, or a lower income category as/than the households displaced from the units removed from the community's inventory. Table 1., following, defines the number of dwelling units, with the corresponding number of bedrooms that will be displaced, and the one hundred percent (100%) requirement for replacement dwelling units by number of bedrooms and income level. 320\07\583139.2 10 Orbisonia Heights Replacement Housing Plan— Contra Costa County TABLE 1: DISPLACED DWELLINGS & BEDROOMS BY DWELLING UNIT SIZE & HOUSEHOLD INCOME LEVEL (100% Requirement) Unit Size Lower Income Moderate Above Total by Very Low Income Units/Beds Income Moderate Units/Beds to Units/Beds Units/Beds Income be Replaced* Bedroom Count Units/Beds* One Bedroom 13/13** 1/1 0/0 1/1 14/14 Two Bedroom 7/14 4/8 0/0 0/0 11/22 Three Bedroom 3/9 7/21 1/3 0/0 11/33 Four Bedroom 0/0 2/8 1/4 2/8 3/12 Total 23/36 14/38 2/7 3/9 39/81 Units/Bedrooms Displaced • 'Above-moderate' income dwelling units/bedrooms are not considered for replacement housing purposes and, therefore, totals in column seven do not include units/bedrooms occupied by above- moderate income households. **Youth Homes counted as 12 units/12 beds. The above results indicate that thirty-nine (39) residential dwelling units, comprising a total of eighty-one (81) bedrooms need to be rehabilitated, developed or otherwise constructed pursuant to Section 33413(a) of the Community Redevelopment Law. The above-moderate dwelling units shown in the table 1 above shall not be considered further in this Plan, as they are not subject to a replacement housing obligation. Based on the criteria of replacing all bedrooms by income level, thirty-three (36) bedrooms should be made affordable to households of 'Very Low' income; thirty eight (38) bedrooms should be made affordable to households of 'Lower' income; and, seven (7) bedrooms should be made affordable to households of 'Moderate' income. 320\07\583139.2 11 Orbisonia Heights Replacement Housing Plan— Contra Costa County IV. ANNUAL INCOME RESTRICTIONS California Health and Safety Code Sections 50079.5 and 50105 provide that the Extremely Low, Very Low, Lower and Moderate income limits established by the U.S. Department of Housing and Urban Development (HUD) are the State limits for those same income categories. Sections 50079.5 and 50105 direct the Department of Housing and Community Development (HCD) to publish the income limits. Accordingly, HCD has filed with the Office of Administrative Law, amendments to Section 6932 of Title 25 of the California Code of Regulations. The amendments contain the new HUD income limits prepared by HCD pursuant to Health and Safety Code Section 50093. The following figures, shown in Table 2, are approved for use in Contra Costa County to define and determine housing eligibility by income level: TABLE 2: HUD ANNUAL INCOME CATEGORIES, CONTRA COSTA COUNTY, CALIFORNIA MEDIAN FOUR-PERSON HOUSEHOLD INCOME: $86,100. Household Extremely Low Very Low Lower Median Moderate Size Income Income Income Income Income 1 Person $18,100. $30,150. $46,350. $60,300. $72,300. 2 Person $20,700. $34,450. $53,000. $68,900. $82,600. 3 Person $23,250. $38,750. $59,600. $77,500. $93,000. 4 Person $25,850. $43,050. $66,250. $86,100. $103,300. 5 Person $27,900. $46,500. $71,550. $93,000. $111,600. 6 Person $30,000. $49,950. $76,850. $99,900. $119,800. 7 Person $32,050. $53,400. $82,150. $106,800. $128,100. 8 Person $34,100. $56,850. $87,450. $113,700. $136,400. Effective February 28, 2008 320\07\583139.2 12 Orbisonia Heights Replacement Housing Plan— Contra Costa County V. LOCATION OF REPLACEMENT HOUSING The Agency has two (2) options available to provide replacement housing/bedrooms relative to the Orbisonia Heights project at hand, including: the acquisition and rehabilitation of existing units and/or the development of entirely new units. It is the intent of the Agency that all replacement housing/bedrooms subsequently developed in response to the loss of the units/bedrooms in Table 1, above, will be located within the boundary of the Bay Point Redevelopment Project Area, within four (4) years of the loss of these units/bedrooms. The replacement housing will be provided on-site through the development of the Project itself, and in future off-site developments as shown on Table 3 below. Pursuant to recorded affordability restrictions the Agency will require that the replacement housing units be made available for occupancy for at least the required time period described in Section I above, and at the required sizes and income levels, to meet the Agency's replacement housing obligation with respect to the Project. If the replacement units are not being developed within the time allowed, the Agency shall identify other replacement units in order to meet the replacement housing requirements. 320A07\583139.2 13 Orbisonia Heights Replacement Housing Plan— Contra Costa County TABLE 3: CONTRA COSTA COUNTY REDEVELOPMENT AGENCY BAY POINT PROJECT AREA POTENTIAL NEW DEVELOPMENT Very Low Lower Moderate Total Income Income Income Replacement Units/Beds Units/Beds Units/Beds Units Marina Townhomes 12/24 68/136 320/640 400/800 Orbisonia Town homes/Apartments 18/36 27/54 255/510 300/600 Canal Road Townhomes 1/2 9/18 10/20 Canal Road/Mims Townhomes 4/8 21/42 25/50 Driftwood - Denova SFR 5/10 28/56 33/66 Driftwood - Denova SFR- Phase 2 2/4 10/20 1224 Clearland Mixed Use 5/10 12/24 36/72 53/106 Habitat-Inglewood Street 9/18 9/18 Youth Homes 12/12* 12/12 TOTAL 47/82 128/256 679/1358 854/1696 'Youth Homes counted as 12 units/12 beds. VI. FINANCING THE REPLACEMENT HOUSING The Agency's Redevelopment Plan for the Project Area authorizes the Agency to finance its activities with assistance from primary sources, including the County of Contra Costa, the State of California, the United States Government, property Tax Increment (T.I.) revenues, interest income, Agency bonds or, other sources available to public agencies. In the acquisition, construction and/or rehabilitation of affordable replacement housing units identified in the preceding Sections of this Plan, the Agency may utilize a variety of funding sources to finance these activities. Sources which may be utilized include: State and/or Federal grants and loans including, but not limited to: HUD Community Development Block Grant (CDBG) funds; HOME grants; various mortgage subsidy or guarantee programs and instruments, including Section 202 and programs offered by the California Housing Finance 320\07A583139.2 14 Orbisonia Heights Replacement Housing Plan— Contra Costa County Agency (CHFA); Redevelopment Tax Increment funds, including Redevelopment twenty percent (20%) housing "set-aside" funds; below-market rate financing through the sale of tax exempt Mortgage Revenue bonds; and, developer equity and/or financing. Specific funding for future replacement housing units may be through the use of one or any combination of the above-described methods and sources. VII. NON-APPLICABILITY OF ARTICLE XXXIV OF THE CALIFORNIA CONSTITUTION The development of the replacement housing does not require approval of the voters pursuant to Article XXXIV of the California Constitution for the following reasons. First, Article XXXIV requires approval of the electorate only when a state public body develops, constructs or acquires a low-rent housing project. The Legislature has enacted the Public Housing Implementation Law (Health & Safety Code Section 37000 et seq.) to interpret and implement Article XXXIV. Health and Safety Code Section 37001(f) states that the term "low-rent housing project" in Article XXXIV does not apply to any development that consists of rehabilitation, reconstruction, improvement, or replacement of dwelling units of a previously existing low-rent housing project, or a project previously or currently occupied by households with incomes at or below 80% of the area median income. Second, the Agency may structure its requirement for the provision of affordable housing in a manner that complies with the provisions of Health and Safety Code Section 37001(a), which will also mean that the election requirements of Article XXXIV will expressly not apply to the replacement housing. The above cited section provides an exclusion from the requirements of Article XXXIV when "(1) the development is privately owned housing, receiving no ad valorem property tax exemption, other than exemptions granted pursuant to subdivisions (0 or (g) of Section 214 of the Revenue and Taxation Code, not fully reimbursed to all taxing entities; and (2) not more than 49 percent of the dwellings, apartments, or other living accommodations of the development may be occupied by persons of low income." 320\07A583139.2 15 Orbisonia Heights Replacement Housing Plan— Contra Costa County VIII. TIME TABLE FOR REPLACEMENT HOUSING The Agency commits to complete the development of the requisite replacement housing units necessary to fulfill the commitment to affordable dwelling units/bedrooms discussed in this Plan. Based on the schedule of assembly and removal of units, all housing created as replacement housing units/bedrooms will be completed within four (4) years of the clearance of the subject site. The planned units will remain income restricted for the period of the land use controls established in the County's Redevelopment Plan, as required by law or, for a period of fifty-five (55) years for rental units and forty-five (45) years for owner- occupied units from the date of completion; whichever period of time is greater. IX. SUMMARY In summary, eighty-one (81) bedrooms, within thirty-nine (39) dwelling units of very low to moderate income housing will be removed from the community's inventory as a result of the development of the Project. Based upon the dwelling units' bedrooms razed for the proposed Project, and the income categories of the occupant households of the units containing those bedrooms, the Agency will commit to develop, within four (4) years of the loss of said bedrooms, residential dwelling units providing no fewer than thirty-six (36) bedrooms for households of 'Very Low' income; thirty eight (38) bedrooms of housing for households of 'Lower' income; and, seven (7) bedrooms of housing for households of 'Moderate' income. The Agency commits to the development, either through new construction and/or rehabilitation, of the replacement housing units/bedrooms, by income category as identified in this Plan. The resultant replacement bedrooms may, however, be located within a fewer number of dwelling units than those razed or otherwise removed from the community's inventory however, the total number of bedrooms within their respective income categories shall be no less than maintained or, shall be provided in an even lower income category. 320\07\583139.2 16 Orbisonia Heights Replacement Housing Plan— Contra Costa County The above actions will yield the required number of replacement dwelling units/bedrooms as mandated pursuant to California Redevelopment Law. The Agency recognizes both its legally-mandated, and community responsibilities in this matter and shall make a sincere, good faith effort to accomplish these goals. The Agency retains its options to use other approaches and strategies not discussed, herein, to fulfill its replacement housing obligations in a timely manner. 320\07\583139.2 17