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HomeMy WebLinkAboutMINUTES - 07082003 - C27 TO: BOARD OF SUPERVISORS ,. ' ` ,« Contra FROM: Dennis M. Barry, AICP Costa Community Development Director - DATE: July 8, 2003 County SUBJECT: Montalvin Manor Redevelopment Plan CR7 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ADOPT Resolution adopting written findings and responses to comments or objections received in connectionwith consideration of the adoption of the Redevelopment Plan for the Montalvin Manor Redevelopment Project; and ADOPT Ordinance No. 2003-23 rescinding Ordinance No. 2003-22 and adopting the Redevelopment Plan for the Montalvin Manor Redevelopment Project. FINANCIAL IMPACT: The Redevelopment Plan adoption has identified the potential effects of revenue diversion to the County General fund and to County controlled funds. The Board of Supervisors has elected to receive the statutory pass-through allowed by California Redevelopment Law. BACKGROUND: See next page. CONTINUED ON ATTACHMENT: Z YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR [] RECOM N' ATION O B ARD COMMITTE ( '+ PROVE, E)OTHER ( r t SIGNATURE(S): "' r 'dot1 ACTION OF B9' ON July 8. = APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS: 1 HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND X UNANIMOUS(ABSENT IV } ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. AYES: NOES: ABSENT: ABSTAIN: ATTESTED Contri t I Sea V J"I 8, 2003 t: lm Wennedty, Orig: Redevelopment Agency JOHN SWEETEN,CLERK OF THE BOARD OF cc: CAO SUPERVISORS AND THE COUNTY County Counsel ADMINISTRATOR Auditor-Controller 1 jj f vial: Redevelopment By:' Y t t,�#�L� � I f putt tifs-odWsers$\Inoble\Personal\Board Orders and Greenies4BOS.80.7.03.mmrda.plan.doe BACKGROUND: The proposed Montalvin Manor Redevelopment Project Area ("Project Area")is located in the unincorporated area of Contra Costa County, State of California. Neighboring cities include Richmond and Pinole. The proposed Montalvin Manor Redevelopment Project Area ("Project Area") is predominantly residential with limited revenue generating commercial uses. Redevelopment Plan The Redevelopment Plan for the Montalvin Manor Redevelopment Project Area (the"Plan") has been prepared pursuant to Section 33000, et.seq. of the CRL, the California Constitution, and all applicable laws and ordinances. It sloes not present a specific plan for the redevelopment, rehabilitation and revitalization of the Project Area. Instead, it establishes a process and framework for implementation and the alleviation/elimination of blighting conditions in the Project Area. In general, the Plan provides a framework which allows the Agency to: 1)fund property rehabilitation programs; 2)provide for affordable housing opportunities in conjunction with the Housing Element of the County; 3)construct public facility and infrastructure improvements; 4)acquire property for sale or lease within the Project Area; 5)collect tax increment revenue to fund rehabilitation programs, public improvements, and other activities; and 6)sell bonds to fund, in whole or in part, rehabilitation programs, public improvements; and other implementation activities. The Plan will remain in effect for 30 years and the Agency will have the ability to collect tax increment revenues for a total of 45 years, provided that debt service payments on outstanding bonds are required after the 30-year term of the Plan has expired. Specifically, the intent of the Plan is to revitalize the viability of the area. Consequently, this Plan does not authorize the use of the power of the eminent domain by the Agency over properties in which people reside. Ado Mon/Rescission of Ordinance 2003-22 On June 17, 2003 the Board of Supervisors adopted Ordinance 2003-22, which adopted the Plan. In so doing it was advised that no written objections to adoption of the play had been received by the County. Unknown to staff were two written objections received in a Supervisor's office. To comply with Health & Safety Code Section 33363 the Board of Supervisors must adopt findings and respond to any written objections prior to adoption of the Ordinance adopting the Plan. As a result staff is recommending that Ordinance 2003-22 be rescinded, that a Resolution adopting findings and responding to the written objections be approved, and that an Ordinance be approved adopting the Plan. Written Comments and Oblections Written comments or objections to the Plan were received from: • foody Colwell letter of June 14, 2003; and • Letter from Lura f=oster(undated). The two letters with a response are included as Exhibit A to the Resolution adopting written findings and responses to comments or objections attached hereto. 11€s-cdlusers$Unoble\Personal\Board Orders and Greenies\BOS.BO.7.03.mmrda.plan.doc THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adapted this Order on July 8, 2003,by the following vote: AYES: SUPUMSMS Gioia, uilkwa, at' Glover NOES: NM ABSENT: supaw m De&ulnier ABSTAIN NCM **District III Seat VACMZr** Resolution No.:2003/444 SUBJECT: Resolution adopting written findings and responses to comments or objections received in connection with consideration of the adoption of the Redevelopment Plan for the Montalvin Manor Redevelopment Project Area in accordance with the provisions of Health and Safety Code Section 33363 The Contra Costa County Board of Supervisors RESOLVES THAT: The Redevelopment Agency of the County of Contra Costa(the "Agency") has prepared and submitted to the Contra Costa County Board of Supervisors(the"Board of Supervisors"), for the Board of Supervisors' consideration,the Redevelopment Plan for the Montalvin Manor Redevelopment Project Area(the"Plan"); and In connection with consideration of the Plan,the Board of Supervisors and the Agency conducted and completed a duly noticed public hearing on June 17, 2003,pursuant to the requirements of Health and Safety Code Sections 33355; and At or prior to the joint public hearing,the Board of Supervisors and the Agency received certain comments or objections to the Plan, which comments or objections are set forth in Part it of that certain document entitled "Redevelopment Plan for the Montalvin Manor Redevelopment Project Area: Written Findings and Responses Pursuant to Health and Safety Code Section 33353," which document is attached to this Resolution as Exhibit A, incorporated herein by this reference, and hereinafter referred to as the "Findings"; and Part III of the Findings contains the Board of Supervisors' and Agency's written findings and responses to the above described comments or objections, which written findings and responses have been prepared and considered by the Board of Supervisors in connection with consideration of adoption of the Plan,all in accordance with the provisions of Health and Safety Code Section 33353; and The Contra Costa County Board of Supervisors that the Board of Supervisors hereby finds and certifies that the Findings have been prepared in compliance with the provisions of Health and Safety Code Section 33353; that the Findings adequately address the written comments or objections received by the Board of Supervisors in connection with the Plan; and that the Board of Supervisors has reviewed and considered the information contained in the Findings prior to approving the Amendment; and The Findings set forth in the attached Exhibit A are hereby approved and adopted as, and shall constitute,the written findings and responses of the Board of Supervisors with respect to the written objections to the Plan required by Health and Safety Code Section 33363. 1 hereby certify that this is s true and correct copy of an action taken and entered on the minutes of the Board of Supervisors cin.the date shown. '' 'Y" ATTI=STEM: � .�.�. JOHN SWEETENt Baard- u ery sora` d lnistrator -. 3201171169879.2 B _.. : EXHIBIT A REDEVELOPMENT PLAN FOR THE MONTALVIN MANOR REDEVELOPMENT PROJECT AREA WRITTEN FINDINGS AND RESPONSES PURSUANT TO HEALTH AND SAFETY CODE SECTION 33363 Board of Supervisors of the County of Contra Costa July 8, 2003 320\17\163883.1 I. PURPOSE The Redevelopment Agency of the County of Contra Costa(the "Agency")has prepared, and the Contra Costa County Board of Supervisors(the "Board of Supervisors" or "Board") is considering for adoption the Redevelopment Plan for the Montalvin Manor Redevelopment Project Area(the "Plan"). On June 17, 2003, the Agency and the Board of Supervisors conducted a duly noticed joint public hearing on the Plan in accordance with the requirements of Health and Safety Code Sections 33355 and 33361. At or prior to the joint public hearing, the Agency and the Board of Supervisors received certain written comments or objections to the Plan.. Those written comments or objections are listed in Part II and set forth in full in Appendix I of this document. Health and Safety Code Section 33363 states: At the hour set in the notice required by Section 33361 for hearing objections, the legislative body shall proceed to hear all written and oral objections. Before adopting the Plan, the legislative body shall evaluate the report of the Agency, the report and recommendation of the Planning Commission, and all evidence and testimony for and against the adoption of the Plan and shall make written findings in response to each written objection of an affected property owner or taxing entity. The legislative body shall respond in writing to the written objections received before or at the noticed hearing, including any extensions thereof,' and may additionally respond to written objections that are received after the hearing. The written responses shall describe the disposition of the issues raised. The legislative body shall address the written objections in detail, giving reasons for not accepting specified objections and suggestions. The legislative body shall include a good faith, reasoned analysis in its response and,for this purpose, conclusionary statements unsupported by factual information shall not suffice. This document constitutes the written findings and responses of the Board of Supervisors, as the legislative body of the County of Contra Costa,prepared and adopted in accordance with the requirements of Health and Safety Code Section 33363. Specifically, Part III below contains the Board of Supervisors's written findings and responses to the written comments or objections set forth in Part II and Appendix I. Each substantive comment or objection listed in Part II and set forth in Appendix I has been assigned a reference identification number in the margin next to the comment or objection. The Board:of Supervisors's written findings and responses to each substantive comment or objection are set forth and organized in Part III according to those reference identification numbers'. These findings incorporate other documents,which are part of the record of adoption of the Plan. These documents are listed below and are incorporated within these findings as supporting evidence by this and subsequent references: A. The Plan; 320\17\169883.1 B. The Preliminary Report on the Redevelopment Plan dated March 2003 (the "Preliminary Report"); C. The Report to the Board of Supervisors,dated June 2003 (the "Report"); D. The resolution prepared for consideration on June 17, 2003 concurrently with this resolution(including attached Exhibits)entitled: "A Concurrent Resolution of the Board of Supervisors of the County of Contra Costa and the Redevelopment Agency of the County of Contra Costa Certifying Review and Consideration of the Final Environmental Impact Report,Making Findings Required by the California Environmental Quality Act, and Stating Overriding Considerations in the Approval and Adoption of the Redevelopment Plan for the Montalvin Manor Redevelopment Project Area" (the "Concurrent CEQA Resolution"); E. The Environmental Impact Report("EIR")prepared for the Plan,consisting of- (1) f(1)the Draft EIR("DEIR"), and(2) the Final EIR("FEIR"), which includes the responses to comments on the DEIR and(3) the mitigations and analysis set forth in Exhibit A of the Concurrent CEQA Resolution; F. Documentary and oral evidence received by the County of Contra Costa Planning Commission,the Agency and the Board of Supervisors during public hearings and meetings on the Plan and the EIR including, without limitation, staff reports submitted to the Board of Supervisors and Agency at the June 17, 2003 joint public hearing on the plan; and G. Matters of common knowledge to the Board of Supervisors and the Agency which they have considered, such as the County General Plan, any applicable Specific Plans and prior resolutions and ordinances of the Agency and the County of Contra Costa(the"County"). II. WRITTEN COMMENTS AND OBJECTIONS Written comments or objections to the Plan were received directly by the County or Agency from the following persons: 1. Letter from Dody Colwell,dated June 14, 2003 2. Letter from Lura Foster The above letters are set forth in their entirety in Appendix l to this Exhibit A. In addition, comment letters were received by the County and the Agency regarding the DEIR during the comment period on the DEIR. To the extent those comments related to the EIR, those comments have been responded to and disposed of in the FEIR. Those responses are 3201171169883.1 __ hereby adopted by the Board of Supervisors; constitute the Board of Supervisors'responses to the DEIR.comment letters; and are incorporated by reference in these findings. III. WRITTEN FINDINGS AND RESPONSE OF BOARD OF SUPERVISORS 1. Dody Colwell, dated June 14, 2403 Comment 1.1 Comment: The commenter expresses concerns about the proposed Redevelopment Plan and Rezoning Plan for Montalvin Manor, and does not want to see changes to the Montalvin Manor neighborhood, which is a unique residential area, with long-term residents who are tolerant of their neighbors. Rgponse: The Board acknowledges the commenter's desire to maintain the existing quality of the area. The Plan's goals expressly seek to maintain those qualities,while alleviating those clearly evident adverse physical and economic conditions that detract from the positive qualities of the Project Area. It is not the intent of the Board to encourage residents to move from the area, which is why Part VI.B. of the Plan prohibits the Agency's use of eminent domain for occupied:residential properties. The Board has taken these issues into account in considering adoption of the Plan,and believes that,through the safeguards in the Plan and the Redevelopment Law, the positive qualities of the community can continue to be preserved and enhanced while adverse conditions in the Project Area are eliminated. Findings: The Board hereby finds that the Plan expressly prohibits the use of eminent domain over occupied residential properties and there is substantial evidence in the incorporated record to qualify the entire Project Area for redevelopment under the CRL, and that the entire Project Area can benefit from programs and assistance that will only be available to the County through adoption of the Plan. On this basis, the Board respectfully overrules the objection to the Plan contained in the above comment Comment 1.2 Comment: The commenter likes Montalvin and likes being unincorporated and "ungoverned". Rise: The Board acknowledges the comrnenter's desire to remain unincorporated and "ungoverned". The Redevelopment Plan does not incorporate the Project Area into a city; the Project Area will remain an unincorporated area of the County if the Plan is adopted and implemented. The Board does not intend to provide more regulation of the Project Area through the adoption of the Plan. As set forth in Part V of the Plan, the County's General Plan and the County's typical land use, planning and zoning ordinances and procedures will continue to govern the Project Area. The purpose of the flan is to provide additional revenues to serve the Project Area. Such assistance may take the form of upgrades to the public infrastructure in the Project Area and rehabilitation loans to homeowners. 320\471169883.1 Findings: The Board hereby finds that Redevelopment Plan will not incorporate the Project Area into a city,that the Redevelopment Plan will not add additional land use regulation over the Project Area and that the Project Area can benefit from programs and assistance that will only be available to the County through adoption of the Plan. Can this basis, the Board respectfully overrules the objection to the Plan contained in the above comment Comment 1.3 Comment: The commenter indicates that it is sad to see the one-sided Redevelopment report, with its photos of each extremely neglected home, and no pictures of those that are exquisitely maintained by owners who are above criticizing their neighbors. Response: Sections A, B, C, and D of the Report(which are incorporated in this Response by this reference)carefully document the reasons for selection of the Project Area and the adverse physical and economic conditions that are prevalent throughout the Project Area and that qualify the entire Project Area for redevelopment under the CRL. The Board is satisfied, based on the substantial evidence in the record, that the entire Project Area does qualify as having the types of physical and economic conditions that would benefit from a coordinated redevelopment program. Findings: The Board hereby finds that there is substantial evidence in the record to qualify the entire Project Area for redevelopment under the CRL, and that the entire Project Area can benefit from programs and assistance that will only be available to the County through adoption of the flan. On this basis, the Board respectfully overrules the objection to the Plan contained in the above comment. 2. Lura Foster Comment 2.1 Comment: The commenter expresses concern that as a community and property owners the Project Area should not be invaded by the government. Response: The Board respectfully disagrees that adoption of the Redevelopment Plan constitutes an invasion of the community. The Board acknowledges the eommenter's concerns, however,the Board does not intend to provide more regulation of the Project Area through the adoption of the Plan. As set forth in Part V of the Plan, the County's General Plan and the County's typical planning and zoning ordinances and procedures will continue to govern the Project Area. The purpose of the Plan is to provide additional revenues to serve the Project Area. Such assistance may take the form of upgrades to the public infrastructure in the Project Area and rehabilitation loans to homeowners. Findings: The Board hereby finds that Redevelopment Plan will not add additional land use regulation over the Project Area and that the Project Area can benefit from programs and assistance that will only be available to the County through adoption of the Plan. On this basis, 320\171169883.1 the Board respectfully overrules the objection to the Plan contained in the above comment Comment 2.2 Comment: The commenter lives in Montaivin Manor over 30 years and indicates that "blight comes and goes. The commenter also expresses concern with the possible condemnation of homes. Response: Sections A, B, C, and D of the Report(which are incorporated in this Response by this reference)carefully document the reasons for selection of the Project Area and the adverse physical and economic conditions that are prevalent throughout the Project Area and that qualify the entire Project Area for redevelopment under the CRL. The Board acknowledges the com menter's concerns with eminent domain over homeowners. However, the Plan expressly prohibits the Agency's use of eminent domain for occupied residential properties in Part VI.B. of the Plan'. Findings: The Board hereby finds that the Plan expressly prohibits the use of eminent domain over occupied residential properties and there is substantial evidence in the incorporated record to qualify the entire Project Area for redevelopment under the CRL, and that the entire Project Area can benefit from programs and assistance that will only be available to the County through adoption of the Plan. On this basis, the Board respectfully overrules the objection to the Plan contained in the above comment Comment 2.3 Comment: The commnenter is concerned about maintaining the affordability and diversity of the Project Area. The commenter is also concerned about what will be required of home owners, for instance will they be told they have to build, add peaked roofs, etc. Response: The Board shares the commenter's concerns with maintaining the affordability and diversity of the area. The Plan prohibits the use of eminent domain over occupied residential properties, so the Agency cannot force people to move. The Plan does not require more regulation of the Project Area. As set forth in Part V of the Plan, the County's General Plan and the County's typical planning and zoning ordinances and procedures will continue to govern the Project Area. The purpose of the Plan is to provide additional revenues to serve the Project Area. Such assistance may take the form of upgrades to the public infrastructure in the Project Area and rehabilitation loans to homeowners who may not otherwise be able to afford to maintain and upgrade their homes. Indeed, the Plan and the CRL require that twenty percent (20%)of all revenues generated by the Plan be used to improve the supply of low and moderate housing in the Project Area. Through these assistance programs, the Board intends to maintain the affordability and diversity of the Project Area. Findings: The Board hereby finds that Redevelopment Plan will not add additional land use regulation over the Project Area,that the Redevelopment Plan prohibits the use of eminent domain over occupied residential properties and that the Project Area can benefit from programs 320\171169863.1 and assistance that will only be available to the County through adoption of the Plan. On this basis, the Beard respectfully overrules the objection to the Plan contained in the above comment 3201171189883.1 APPENDIX 1 LETTERS OF COMMENT 320117\169$83.1 LETTER #1 June T�.,zE?p3 Supewiscsr Cir�ia. Thank you for meeting with us. i arra concerned by the Propose4 Redevelopment an$ Rezoning Plan ofibe County for Montalvin Manor. Montalvin Manor is a unique residential area in part because there is a live and let live mentality. Nobody dictates what color or size your house can be, People live according to their own preferences and iffhey are rigidly concerned about how heir neighbors live they leave Montalvin.The(unfit now) 6te4om from excessive regulation is a fresedom we value despite fts obvious 4ownsi4e:. Montalvin Maxtor claims many homeowners who chose the location Fuse oraffordability, expecting to be here for a short time. We often stay. The campground by the wafer illusion is 1.1 powerful, and the safe, practical f oorplans are unbetatabie:. Within a buck of my house i know two families that have been here since the building ofthe subdivision. The parents, who were the original owners, bought they houses new in the 1950's, have now died and their Aspring own an4 live in the houses. I doubt that anyplace else be sales agricultural zones could claim roots like that among its inhabitants. We liber Montalvin. We like being unincorporated, "ungoverne4,, ifyou will. Those who are threatened or disapproving ofsuch "anarchy"and want to call it ghetto or 1.2 blighted would best keep mi*dirtg the people ands the rules in their own (preferably gated) communities. It was sad to see the One-sided Redevelopment report, with its photos of each extremely neglected borne, and nes pictures of those that are exquisitely maintained - by owners who are above criticizing their neighbors. 1.3 off to thr52 diligent owners, whose motto seems to be, "To each his own". Q) Dody Colwell 186 Christine Drive 76$.4801 PS Most ofthe problems tithe area would be alleviated if afotdable 4umpsters were available. LETTER #2 To. My Board of Supervisors—Montalvin Manor - CCC My Naxne is Lura Poster; I. live at 71 Bonnie.Drive in the redevelopment area of Mentalvin Manor_ When we bought our home, we never thought we would be required to be a public speaker, have to stand in, front of aboard of supervisors in.a room full 2.1 _. -6fpeolt'e aifd-give thil Lowner should not be invaded by our government? Having lived in Montalvm Manor over 30 years, I have seen the "blight" (as you call it) come and go. Many of the home owners have done much improvement to their properties, many just cannot, others look forward to if 2.2 and when they can. TLIIS IS STILL AMERICA ISN'T IT? How can government come in and steam roll over a community--tell us we have to "SHOW CAUSE" why they shouldn't. Who are these people? We voted Lor yowl A mistake you can be sure won't happen again. As many who live in this area, we chase here because we could afford it, �.. { bought our homes and own therm,, we will do what we can, when we can, yes 2.3 theme arc many that rent here as well, for the same reason; and yes we are very diverse, believe it or not, diversity is a goad thing, because we are low tV0'middle income is not a good reason to force a community out It is obvious your looking fvrrnore monies.... Where do these investors. think this money is going to come from, and if only 11 per cent of the taxes are going to the county, how can that be good. It could only be good if those are some really big taxes... 'utile feel we know the long term:plan is to flatten Montalvin Manor and build new expensive homes or to force people that cannot afford it to put big monies into their homes now and if they can't, be 2.2 forced to sale before you say to "condemn" there for your eminent domain clause—ruin peoples lives so you can get more tax dollars. Doesn't make sense to invest big into a lower income residential community and say it won't hurt us (the residents),.. of course it will. No one has said what exactly is expected of us. There are many besides myself that have had 30+years here, both lorry and single income house holds, as well as seniors with fixed incomes whose homes are paid for--we 2.3 can exist because we no longer have loans to pay off and really not prepared to start neer loans, low interest or not, again---what is going to be required of us, what do you consider blight? Will we be told we have to build, add peaked:roofs etc.? Eminent domain, &relocation,have been discussed in every meeting except the last,. (Apr 28` 03) not just"early on" as was stated by Mr. Kennedy at the.lane 3` meeting in Martinez. As you will probably understand, this is a big concern for us. The redevelopment team states over and over again that it will not affect us (Montal.vin,residents) now; but continue to go over it as 2.2 if having an,agenda to complete, also letting us ksaow(anal is in the paper work)that anything decided now can and is subject to change anytime in the next 45 years. Not much security in what is happening to us with such statements. RECORDED AT REQUEST OF: THE CONTRA COSTA COUNTY REDEVELOPMENT AGENCY WHEN RECORDED MAIL TO: Goldfarb&Lipman 1300 Clay Street, 9th Floor City Center Plaza Oakland,CA 94612 Attn: Phuong Y. Lam NO RECORDING FEE PURSUANT TO GOVERNMENT CODE SECTION 27383 ORDINANCE NO. 2003-23 AN ORDINANCE OF THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS RESCINDING ORDINANCE NO. 2003-22 AND ADOPTING THE REDEVELOPMENT PLAN FOR THE MONTALVIN MANOR REDEVELOPMENT PROJECT PURSUANT TO THE COMMUNITY REDEVELOPMENT LAW OF THE STATE OF CALIFORNIA THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS DOES ORDAIN AS FOLLOWS: SECTION I. RECITALS AND BACKGROUND INFORMATION. Pursuant to the California Community Redevelopment Law(Health&Safety Code Section 33000 et M.) (the "Redevelopment Law"), the Redevelopment Agency of the County of Contra Costa(the "Agency")has prepared and submitted to the Contra Costa County Board of Supervisors(the "Board of Supervisors") for review and adoption the Redevelopment Plan(the"Plan") for the Montalvin Manor Redevelopment Project Area(the"Project Area"). The Plan consists of twenty four(24)pages and four(4) exhibits. A copy of the Plan is on file with the Clerk of the Board and is incorporated in this Ordinance by this reference. The purpose and scope of the Redevelopment Plan are to authorize and implement a program of actions and accompanying legal authority to enable the Agency to promote the alleviation of adverse physical and economic conditions and encourage development and redevelopment of the Project Area established in the Redevelopment Plan consistent with the Montalvin Manor General Pian. The redevelopment program under the Redevelopment Plan is intended to facilitate both public and private investment within the Project Area. Redevelopment activities for accomplishing the objectives of the Redevelopment Plan may include but are not limited to building rehabilitation, public infrastructure improvement, commercial revitalization/ economic development, new housing affordable to the workforce,blight removal, and other new development. The Project Area is situated in the County of Contra Costa, State of California, and is shown on Exhibit A and more particularly described in Exhibit B of the Redevelopment Plan. The Agency has made studies of the impact of the Plan on the physical condition of structures, environmental influences, land use, and social, economic, and cultural conditions in the Project Area, and has determined that the program of redevelopment to be undertaken pursuant to the Plan will promote the proper redevelopment of the Project Area in accordance with the goals,objectives and policies of the County of Contra Costa General Plan(the"General Plan"), any applicable specific plans, the Plan, and the Redevelopment Law. The Contra Costa County Planning Commission,which is the duly designated and acting official planning body of the County of Contra Costa, has submitted to the Board of Supervisors its report and recommendation for approval and adoption of the Plan and has certified that the Plan conforms to the General Plan. ORDINANCE NO.2003-23 \Ifs-cd\users$\moble\Personal\Documents\mm.ordinance2003.22 1 The Plan incorporates the land uses for the Project Area which are determined by the County's General Plan. Implementation of the Plan may require, among other things,the vacating,and removal of streets of record and other public rights of way, and the establishment of new street patterns, the location of sewers, water mains, lighting and utility lines and other public facilities. The Agency has prepared and submitted and the Board of Supervisors has reviewed and considered the Report to the Board of Supervisors(the"Report")pursuant to Health and Safety Code Section 33352, a copy of which is on file with the Clerk of the Board. The Report is hereby incorporated in this Ordinance by this reference. As a part of the Report,the Agency has prepared and submitted to the Board of Supervisors a program for the relocation of individuals and families that may be displaced as a result of implementing the Plan, and a program for implementation of the projects contemplated to be undertaken pursuant to the Plan. The Board of Supervisors is cognizant of the conditions that are imposed in the undertaking and implementation of redevelopment projects under State law,including those prohibiting discrimination because of race, color, creed,religion, sex, sexual orientation,marital status, national origin, or ancestry. On June 17, 2003, the Board of Supervisors and the Agency conducted a joint public hearing(which was duly noticed in accordance with the requirements of the Redevelopment Law. The County and Agency staff have prepared and submitted to the Board of Supervisors for review the Notice of Preparation(the "Notice of Preparation"), and the Environmental Impact Report regarding the Plan(the"EIR"), which have been prepared pursuant to the California Environmental Quality Act of 1970, as amended("CEQA"), the Official State Guidelines as amended for the implementation of CEQA(the "State EIR Guidelines"), and the County of Contra Costa and Agency local guidelines for administering CEQA. The EIR consists of the Draft EIR.dated February 2003, and the Final Environmental Impact Report dated May 2003. The EIR was certified by the Board of Supervisors on June 17, 2003. Copies of the EIR and the Notice of Preparation are on file with the Clerk of the Board. By resolution adopted on June 17, 2003,the Board of Supervisors and the Agency have adopted,mitigation measures and made certain findings and statements in compliance with Sections 15091, 15093, and 15168 of the State EIR Guidelines(the "CEQA Findings"). At or prior to the joint public hearing on the Plan,the Board of Supervisors and Agency received certain written comments on the Plan. Prior to the introduction of this Ordinance,by Board of Supervisors resolution dated July 8, 2003, and pursuant to Health& Safety Code Section 33363, the Board of Supervisors prepared and adopted its responses and findings(the "Written Responses")in writing to all written comments its received in connection with consideration of adoption of the Plan. SECTION II. FINDINGS AND DETERMINATIONS. In accordance with California Health and Safety Code Sections 33367, and based upon the evidence contained in the Report, the EIR,the Notice of Preparation,the CEQA Findings, the Written Responses, and other documents prepared in the Plan adoption process and on evidence presented at the public hearing,it is hereby found and determined that: a). The above recitals and background information are true and correct. b). The Project Area is a blighted area,the redevelopment of which is necessary to effectuate the public purposes declared in, and it qualifies as an eligible area under, the Redevelopment Law (see particularly Sections A,B, C and D of the Report regarding evidence with respect to this finding). c). The time limitations that are contained in the Plan are reasonably related to the proposed projects to be implemented in the Project Area and to the ability of the Agency to eliminate blight within the Project Area(see particularly Sections A, B, C,D and E of the Report regarding evidence with respect to this finding). As indicated in Sections D and E of the Report and accompanying tax increment projections, it will require a lengthy period to generate sufficient funds to pay for the identified programs and activities to alleviate blight in the Project ORDINANCE NO.2003-23 11fs-cdlusers$Ilnoble\Personal\Documents\mm.ordinance2403.22 2 Area, so that it will be necessary for the Agency to have twenty years from the date of Plan adoption to incur debt to pay for the necessary programs and activities,thirty years for the Plan to be effective, and forty-five years to receive tax increment revenue in order to repay the debt incurred for the necessary programs and activities. d). The Plan would redevelop the Project Area in conformity with the Redevelopment Law and would be in the interest of the public peace,health, safety, and welfare; and the implementation of the Plan would promote the public peace,health, safety and welfare of the County of Contra Costa and would effectuate the purposes and policy of the Redevelopment Law(see particularly Sections A,B, C and D of the Report regarding evidence with respect to this finding). e). The Plan conforms to the County of Contra Costa General Plan including, but not limited to,the Housing Element of the General Plan,which Housing Element substantially complies with the requirements of Article 10.6(commencing with Section 65580 of Chapter 3 of Division 1 of Title 7 of the Government Code)(see particularly Sections G,H and I of the Report and Chapters 2.3 and 3.2.2 of the Draft EIR regarding evidence with respect to this finding). f). The adoption and implementation of the Plan is economically sound and feasible(see particularly Section E of the Report regarding evidence with respect to this finding). g). The Plan will afford maximum opportunity,consistent with the sound needs of the County of Contra Costa, as a whole, for the redevelopment of the Project Area by private enterprise (see particularly Sections C,D and E of the Report and the Agency's adopted Rules for Owner Participation and Business Tenant Preference regarding evidence with respect to this finding). h). The Agency has a feasible method or plan for the relocation of families and persons which may be displaced from the Project Area if the Plan may result in the temporary or permanent displacement of any occupants of housing facilities in the Project Area (see particularly Sections F and L the Report and the Agency's adopted Relocation Guidelines regarding evidence with respect to this finding). i). There are, or shall be provided, in the Project Area or in other areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons who may be displaced from the Project Area,decent, safe and sanitary dwellings equal in number to the number of, and available to, such displaced families and persons and reasonably accessible to their places of employment. Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to Sections 33411 and 33411.1 the Redevelopment Law. Dwelling units housing persons and families of low or moderate income shall not be removed or destroyed prior to the adoption of a replacement housing plan pursuant to Sections 33334.5, 33413, and 33413.5 of the Redevelopment Law(see particularly Sections F and L of the Report regarding evidence with respect to this finding). j). Pursuant to Health and Safety Code Section 33367(e),the Board of Supervisors is satisfied that permanent housing facilities will be available within three years from the time occupants of the Project Area, if any,are displaced and that pending the development of such facilities,there will be available to such displaced occupants adequate temporary housing facilities at rents comparable to those in the community at the time of their displacement(see particularly Sections F and L of the Report regarding evidence with respect to this finding). k). The Project Area contains approximately 211.44 acres. All noncontiguous areas of the Project Area are either blighted or necessary for effective redevelopment, and are not included in the Project Area for the purpose of obtaining tax increment revenues from the area pursuant to Health and Safety Section 33£70 without substantial justification for their inclusion (see particularly Sections A,B, C,D, and E of the Report regarding evidence with respect to this finding)! 1). The inclusion of any lands,buildings, or improvements which are not detrimental to the public health, safety, or welfare is necessary for the effective redevelopment of ORDINANCE NO.2003-23 t\fs-cdtusersstlnoble\PersonaltDocuments\mm.ordinance2oo3.22 3 the Project Area of which they are a part; and these lands,buildings or improvements are not included for the purpose of obtaining the allocation of tax increment revenues from such area pursuant to Health and Safety Code Section 336' 0 without other substantial justification for their inclusion(see particularly Sections A,B, C,D and E of the Report regarding evidence with respect to this finding). m). In order to implement and facilitate the effectuation of the Plan hereby approved and adopted, certain official action must be taken by this Board of Supervisors with reference to, among other things, the establishment of new street patterns,the location of sewer and water mains,lighting and utility lines and other public facilities and other public action,and accordingly,this Council hereby(i)pledges its cooperation in helping to implement the Plan; (ii) requests the various officials, departments,boards, and agencies of the County having administrative responsibilities in the Project Area likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with the Plan; (iii)stands ready to consider and tape appropriate action upon proposals and measures designed to effectuate the Plan; and(iv)intends to undertake and complete any proceedings necessary to be implemented by the community under the provisions of the Plan. n). The elimination of blight and the redevelopment of the Project Area could not reasonably be expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency(see particularly Sections A, B, C,D and E of the Report regarding evidence with the respect to this finding). o). The condemnation of non-residential real property,if any,is necessary to the execution of the Plan and adequate provisions have been made for payment of property to be acquired as provided by law(see particularly Sections A,B,C,D and E of the Report regarding evidence with respect to this finding). As indicated in Section D of the Report to Beard of Supervisors,the Project Area is characterized by commercial parcels of inadequate size and shape for modern reuse that are in separate ownership, and for which the Agency's land assembly authority is needed to facilitate such reuse. As indicated in Section F,the Agency will have and can commit the resources necessary to provide full compensation for any land acquisition in accordance with the requirements of lava. The Plan prohibits the use of eminent domain by the Agency with respect to parcels on which persons reside. p). The development of the public improvements set forth in the Plan are of benefit to the Project Area and to the immediate neighborhood in which the Project is located; no other reasonable means of financing such improvements are available to the community; and the payment of funds for the acquisition of land for and the cost of such improvements will assist in eliminating one or more blighting conditions in the Project Area or provide housing for low- or moderate-income persons, and is consistent with the Agency's five-year implementation plan adopted pursuant to Health and Safety Code Section 33352(c). Based on these findings,the Agency is authorized to pay all or a part of the value of the land for and the cast of the installation and construction of the public improvements set forth in the Plan,as permitted by Health and Safety Code Section 33445 (see particularly Sections A,B, C,D and E of the Report regarding evidence with respect to this finding). q). The Project Area is predominantly urbanized as defined by subdivision(b) of Section 33320.1 of the in the Redevelopment Law(see particularly Section A of the Report regarding evidence with respect to this finding). r). The Project Area contains no enforceably restricted agricultural land or open space land. The Project Area also contains no parcel of land larger than two acres that is in current agricultural use, and consequently no finding of the Agency is required pursuant to Section 33321.5(b)of the Redevelopment Law(see particularly Sections A and B of the Report regarding evidence with respect to this finding). SECTION III. OYERR[J'LING OF OBJECTIONS. To the extent any oral objections have been received, all written and oral objections to the Plan are hereby overruled. SECTION IV. APPROVAL OF REDEVELOPMENT PLAN. The Plan for the Project Area,having been duly received and considered, is approved and adopted, and the Clerk of the Board is hereby directed to file a copy of the Plan with the minutes of this meeting. The Plan, which contains, among other elements,the statement of the purpose and intent of the Board ORDINANCE NO.2003-23 t\fs-cdtusers$Vnobie`Personal\Documents\mm.ordinance2o03.22 4 of Supervisors with respect to the Project Area,is incorporated in this Ordinance by reference. The Plan is hereby designated as the official Redevelopment Plan for the Project Area. It is the purpose and intent of this Board of Supervisors that the Plan be implemented in the Project Area. A copy of this Ordinance shall be transmitted to the Agency and the Agency is vested with the responsibility of implementing the Plan. SECTION V. SPECIFIC PIMOSES OF BOARD OF-SUPERVISORS. It is the specific purpose and intent of the Board of Supervisors that the Plan be implemented in order to. a). Eliminate the conditions of blight in the Project Area; b). Ensure,as far as possible,that the causes of the blighting conditions will be either eliminated or protected against; c). Encourage and ensure the appropriate redevelopment of the Project Area; and d). Encourage and foster the economic revitalization of the Project Area and the provision of affordable housing in or of benefit to the Project Area. e). Provide and improve affordable housing. Neither the list of purposes set forth above nor the lists of goals and objectives set forth in the Plan and the Report are intended to reflect a particular priority order. Rather,it is the intention of the Board of Supervisors that the Plan be implemented in a manner that will achieve an appropriate balance of the listed purposes,goals, and objectives taking into account redevelopment needs and opportunities that arise from time to time. SECTION VI. SEVERABILITY. If any provision, section, subsection, subdivision, sentence,clause or phrase of this Ordinance or the Plan is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portion or portions of the Ordinance or the Plan. In the event that any portion of the Project Area shall be determined to have been invalidly or incorrectly included in the Project Area, such invalidly or incorrectly included portion of the Project Area shall be deemed severable from the remainder of the Project Area, and the remainder of the Project Area shall remain fully subject to the provisions of the Plan. SECTION VII. RESCISSION. Ordinance No.2003-02,adopted by the Board on June 17,2003,is hereby rescinded. 5E,CTION VIII. RECMATION. The Executive Director of the Agency is hereby directed to record the Plan in compliance with the provisions of Health&Safety Code Section 33373 and Government Code Section 27295. SECTION IX. EFFECTIVE DATE. This Ordinance becomes effective 30 days after passage,and within 15 days after passage shall be published once in The West Co=Times, newspapers of general circulation printed and published and circulated in the Contra Costa County. ORDINANCE X0.2003-23 llfs-od\users$UnobleiPersonal\Documentslmm.ordinence2003.22 5 ................................................................................. ........................................................................................... . .................................................................................. PASSED on July 8, 2003,by the following vote: AYES: smRvu)m Giom, umm, AND aDm ROES: 11one ABSENT: SUPMISM DeMMM ABSTAIN: NM **DISTRICT III SEAT VACANr** ATTEST: john ameten Clerk of the Board and County Administrator By: Deputy -Board Chair ORDINANCE NO.2003-23 N\fs-cdNusers$\Inoble\Personai\DocumentsAmm,ordinance2oo3.22 6 ..........................-... ......