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HomeMy WebLinkAboutMINUTES - 07182006 - SD.2 TO: BOARD'OF SUPERVISORS FROM: DENNIS M. BARRY,AICP " , . Contra COMMUNITY DEVELOPMENT DIRECTOR own I Costa County DATE: July 18, 2006 SUBJECT: Ordinances Adopting Amendments to the Redevelopment Plans for the Bay Point, Montalvin Manor, North Richmond, Pleasant Hill/Contra Costa Centre BART Station and Rodeo Project Areas Pursuant to Health and Safety Code Section 33333.6(e)(2)(C) and (D) and Amending Related Ordinances SPECIFIC REQUEST(S)OR RECOMMENDATION(S)& BACKGROUND AND JUSTIFICATION RECOMMENDATIONS ADOPT ordinances amending the Bay Point, Montalvin Manor, North Richmond, Pleasant Hill/Contra Costa Centre BART Station and Rodeo Redevelopment Plans; and ADOPT a Notice of Exemption for these Ordinances. FISCAL IMPACT - None, no General Funds are involved. BACKGROUND/REASONS FOR RECOMMENDATIONS The State Legislature passed SB 211 (codified in part at Health and CONTINUED ON ATTACHMENT: / YES SIGNATURE _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMEND TI N OF BOAR COMMITTEE APPROVE _OTHER SIGNATURE (S): k ACTION OF BOARD ON APPROVED AS RECO ENDED _OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT /- Gam ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact:/(925/335-7225) Jim Kennedy -r cc: Redevelopment Agency ATTESTED V41- County 41—County Administrator JOHN CVLLEN, CLERK OF County Counsel THE BOARD OF SUPERVISORS Via Redevelopment ///AND COUNTY ADMINISTRATOR Goldfarb& Lipman BY ;DEPUTY fl SUBJECT LINE BOARD OR COMMITTEEiDATE Page 2 j BACKGROUND/REASONS FOR RECOMMENDATIONS(Continued) Safety Code Section 33333.6(e)(2)). This section permits the Board of Supervisors to amend the Bay Poin11 t, North Richmond, and Rodeo Redevelopment Plans to delete the debt incurrence time limit from each Plan. The Board of Supervisors already amended the Pleasant Hill/Contra Costa Centre BART Station Area Plan to delete this date. Thus the Agency will be able to incur debt until the"effectiveness date of each of the Plans. This date cannot be deleted for the Montalvin Manor Plan. 1 Adoption of;,the Ordinances will trigger a requirement to make statutory pass-through payments pursuant to!Health and Safety Code Section 33607.7 to each affected taxing entity with which the redevelopment agency does not already have a pre-1994 pass-through agreement. The Agency has�lpass-through agreements with most affected taxing agencies. Any newly required statutory pass-through payments will first become due in fiscal year 2008-2009 for the Bay Point and N!orth Richmond Plans, and fiscal year 2011-2012 for the Rodeo Plan. The State Legislature passed SB 1045 in 2003 that required redevelopment agencies to contribute a cumulative$135,000,000 to the Educational Revenue Augmentation Fund ("ERAF")for the 2003-2004 fiscal year. For the Contra Costa County Redevelopment Agency (the"Agency"), this ERAF contribution was$398,384 for the 2003-2004 fiscal year. As part of the legislation, the Agency is also authorized to adopt the proposed Amendments to extend the Bay Point, Montalvin Manor, North Richmond, and Rodeo Redevelopment Plans'time limits on plan effectiveness and receipt of tax increment by one year to compensate for the ERAF payment. the Board of Supervisors already amended the Pleasant Hill/Contra Costa Centre BART Station Area Pian in this manner. Adoption ofthe proposed Ordinances and Amendments will provide the Agency with an additional year to implement the Plans and receive tax increment revenue, thereby partially off- setting the adverse financial impact of the State requirement that the Agency make continuing ERAF contributions. In 2004, the,State Legislature passed SB 1096 that required redevelopment agencies to contribute a,cumulative$125,000,000 to the Educational Revenue Augmentation Fund ("ERAF") each year for the 2004-2005 and 2005-2006 fiscal years. For the Agency, this ERAF contribution' �was$1,810,852 during the two fiscal years. If the ERAF contribution is made more than twentyiyears prior to the effectiveness date of a plan,which plan's timelines cannot be extended as is true for Bay Point, Montalvin Manor, North Richmond, and Rodeo. If agencies making the ERAF contribution at least 10 years prior to the expiration of the effectiveness of their redevelopment plan but less than 20 years prior to the effectiveness of their redevelopment plan are authorized to extend their redevelopment plan time limits on plan effectiveness and receipt of tax increment by one year for each year of ERAF contribution(for a total of two years) if the Agency can make certain findings. it The effectiveness date for the Pleasant Hill/Contra Costa Centre BART Station Project Area is currently set to expire in July 10,2025. This expiration date is more than 20 years from the first ERAF payment date of June 30,2005, but is more than 10 years from the second ERAF payment date but less than 20 years from the second ERAF payment date of June 30, 2006. The Agency is entitled to take advantage of,a one year extension of the plan effectiveness and tax increment receipt limits for the Pleasant Hill BART Station Redevelopment Plan if certain findings car" be made. These findings and the basis for making the findings for the Agency follow: 1. The Agency must be in compliance with the requirements of Health and Safety Code Section 33334.2 which requires that the Agency deposit twenty percent(20%)of all tax increment collected in the Low and Moderate Income Housing Fund and that such funds be expended in accordance with Section 33334.2. i The Redevelopment Agency has each year deposited at least 20%of its tax increment in the Low and Moderate Income Housing Fund as evidenced by the Agency audits.and the Agency's Annual Reports. The Agency has spent these funds in accordance with the requirements of Health and',Safety Code Section 33334.2 as evidenced by the Agency's audits, the Annual Reports and the Agency's report to the State of California Department of Housing and Communityjf Development. The Agency audits,Annual Reports and Reports to HCD are incorporated herein by reference. l i� SUBJECT LINE BOARD OR COMMITTEE DATE Page 3 2. The Agency must have adopted an implementation plan in accordance with the requirements of Health and Safety Code Section 33490. The Agencyladopted its five year Implementation Plan on January 17, 2006 by Agency Order. I� 3. The Agency is in compliance with Health and Safety Code Section 33413 (a) and (b)which require that the Agency replace any low and moderate income housing units destroyed as a result of redevelopment activities and that the Agency insure that 15%of all housing built in the Project Area be affordable to low and moderate income households. I The Agency�Ihas replaced any units destroyed as a result of redevelopment activities and the Agency has exceeded its requirement to produce affordable housing units by 219 units. Support for the replacement housing and housing production number can be found in the Implementation Plan adopted by the Agency on January 17, 2006 and incorporated herein by reference. 4. The Agency cannot be subject to sanctions for failure to spend an excess surplus in its Low and Moderate Income Housing Fund pursuant to Health and Safety Code Section 33334.12. .The Agencyii does not have an excess surplus in the housing fund and thus is not subject to sanctions for failure to spend an excess surplus. Support for this finding can be found in the Agency aauditsts and Annual Reports, hereby incorporated by reference. If the Agency had not been required to make the ERAF payments in 2004-05 and 2005-06, these fundswould have been used for each plan's projects and activities. Section 333133.6(e)(2) permits the Board of Supervisors to bypass most of the procedures normally required for redevelopment plan amendments in adopting the Amendments to the Plans to extend the redevelopment plan time limits, except for notice and holding a public hearing which will be completed today. The Board of Supervisors may adopt the proposed Amendments in accordance with the normal procedures for the enactment of ordinances. Pursuant to'CEQA Guidelines Section 15378(b)(2), (4) and (5), adoption of the Amendments is not a"project," and is therefore exempt from CEQA review, and staff recommends that the Board of Supervisors approve a CEQA Notice of Exemption for the Ordinances and the Amendments. G:RDA.PlanAmendments.BoardOrder.7.18.06 i TO: BOARD OF SUPERVISORS FROM: DENNIS M. BARRY, AICP I! ; Contra COMMUNITY DEVELOPMENT DIRECTOR a' - �n- s Costa County DATE: July 18, 2006 ra ooKr SUBJECT: Ordinances Adopting Amendments to the Redevelopment Plans for the Bay Point, Mohtalvin Manor, North Richmond, Pleasant Hill/Contra Costa Centre BART Station and Rodeo Project Areas Pursuant to Health and Safety Code Section 33333.6(e)(2)(C) and (D) and Amending Related Ordinances SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION II � RECOMMENDATIONS ADOPT ordinances amending the Bay Point, Montalvin Manor, North Richmond, Pleasant Hill/Contra Costa Centre BART,;Station and Rodeo Redevelopment Plans; and ADOPT a Notice of Exemption for these Ordinances. FISCAL IMPACT None, no General Funds are involved. �j BACKGROUND/REASONS FOR RECOMMENDATIONS u ii The State Legislature passed SB 211 (codified in part at Health and CONTINUED ON ATTACHMENT: / YES SIGNATURE _ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEND TI N OF BOAR COMMITTEE _APPROVE _OTHER p SIGNATURES): ACTION OF BOARD ON i __ .- ' APPROVED AS RECOM4 ENDED OTHER VOTE OF%I PERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE *UNANIMOUS ABSENT . _ ( ���.rlY', ) j AND CORRECT COPY OF AN ACTION TAKEN AYES: _ NOES: AND ENTERED ON THE MINUTES OF THE ABSENT:_ ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: /(9125/335-7225) Jim Kennedy cc: Redevelopment Agency ATTESTED -7 �fl County Administrator JOHN LLEN, CLERK OF County Counsel THE BOARD OF SUPERVISORS Via Redevelopment j ND COUNTY ADMINISTRATOR Goldfarb & Lipman u BY EPUTY 'I I ii u it SUBJECT LINE BOARD OR COMMITTEE DATE Page 2 BACKGROUND/REASONS FOR RECOMMENDATIONS (Continued) Safety Code Section 33333.6(e)(2)). This section permits the Board of Supervisors to amend the Bay Point, North Richmond, and Rodeo Redevelopment Plans to delete the debt incurrence time limit from each Plan. The Board of Supervisors already amended the Pleasant Hill/Contra Costa Centre BART Station Area Plan to delete this date. Thus the Agency will be able to incur debt until the effectiveness date of each of the Plans. This date cannot be deleted for the Montalvin Manor Plan. Adoption of the Ordinances will trigger a requirement to make statutory pass-through payments pursuant to Health and Safety Code Section 33607.7 to each affected taxing entity with which the redevelopment agency does not already have a pre-1994 pass-through agreement. The Agency has pass-through agreements with most affected taxing agencies. Any newly required statutory pass-through payments will first become due in fiscal year 2008-2009 for the Bay Point and North Richmond Plans, and fiscal year 2011-2012 for the Rodeo Plan. The State Legislature passed SB 1045 in 2003 that required redevelopment agencies to contribute a cumulative $135,000,000 to the Educational Revenue Augmentation Fund ("ERAF") for the 2003-2004 fiscal year: For the Contra Costa County Redevelopment Agency (the "Agency"), this ERAF contribution was $398,384 for the 2003-2004 fiscal year. As part of the legislation, the Agency is also authorized to adopt the proposed Amendments to extend the Bay Point, Montalvin Manor, North Richmond, and Rodeo Redevelopment Plans' time limits on plan effectiveness and receipt of tax increment by one year to compensate for the ERAF payment. The Board of Supervisors already amended the Pleasant Hill/Contra Costa Centre BART Station Area Plan in this manner. Adoption of the proposed Ordinances and Amendments will provide the Agency with an additional year to implement the Plans and receive tax increment revenue, thereby partially off- setting the adverse financial impact of the State requirement that the Agency make continuing ERAF contributions. In 2004, the State Legislature passed SB 1096 that required redevelopment agencies to contribute a cumulative $125,000,000 to the Educational Revenue Augmentation Fund ("ERAF") each year for the 2004 -2005 and 2005-2006 fiscal years. For the Agency, this ERAF contribution was $1,810,852 during the two fiscal years. If the ERAF contribution is made more than twenty years prior to the effectiveness date of a plan, which plan's timelines cannot be extended as is true for Bay Point, Montalvin Manor, North Richmond, and Rodeo. If agencies making the ERAF contribution at least 10 years prior to the expiration of the effectiveness of their redevelopment plan but less than 20 years prior to the effectiveness of their redevelopment plan are authorized to extend their redevelopment plan time limits on plan effectiveness and receipt of tax increment by one year for each year of ERAF contribution (for a total of two years) if the Agency can make certain findings. The effectiveness date for the Pleasant Hill/Contra Costa Centre BART Station Project Area is currently set to expire in July 10, 2025. This expiration date is more than 20 years from the first ERAF payment date of June 30, 2005, but is more than 10 years from the second ERAF payment date but less than 20 years from the second ERAF payment date of June 30, 2006. The Agency is entitled to take advantage of a one year extension of the plan effectiveness and tai; increment receipt limits for'the Pleasant Hill BART Station Redevelopment Plan if certain findings can be made. These findings and the basis for making the findings for the Agency follow: 1. The Agency must be in compliance with the requirements of Health and Safety Code Section 33334.2 which requires that the Agency deposit twenty percent (20%) of all tax increment collected in the Low and Moderate Income Housing Fund and that such funds be expended in accordance with Section 33334.2. The Redevelopment Agency has each year deposited at least 20% of its tax increment in the Low and Moderate Income Housing Fund as evidenced by the Agency audits and the Agency's Annual Reports. The Agency has spent these funds in accordance with the requirements of Health and Safety Code Section 33334.2 as evidenced by the Agency's audits, the Annual Reports and the Agency's report to the State of California Department of Housing and Community Development. The Agency audits, Annual Reports and Reports to HCD are incorporated herein by reference. SUBJECT LINE_ BOARD OR COMMITTEE DATE Page 3 2. The Agency must have adopted an implementation plan in accordance with the requirements of Health and Safety Code Section 33490. The Agency adopted its five year Implementation Plan on January 17, 2006 by Agency Order. 3. The Agency is in compliance with Health and Safety Code Section 33413 (a) and (b) which require that the Agency replace any low and moderate income housing units destroyed as a result of redevelopment activities and that the Agency insure that 15% of all housing built in the Project Area be affordable to low and moderate income households. The Agency has replaced any units destroyed as a result of redevelopment activities and the Agency has exceeded its requirement to produce affordable housing units by 219 units. Support for the replacement housing and housing production number can be found in the Implementation Plan adopted by the Agency on January 17, 2006 and incorporated herein by reference. 4. The Agency cannot be subject to sanctions for failure to spend an excess surplus in its Low and Moderate Income Housing Fund pursuant to Health and Safety Code Section 33334.12. The Agency does not have an excess surplus in the housing fund and thus is not subject to sanctions for failure to spend an excess surplus. Support for this finding can be found in the Agency audits and Annual Reports, hereby incorporated by reference. If the Agency had not been required to make the ERAF payments in 2004-05 and 2005-06, these funds would have been used for each plan's projects and activities. Section 33333.6(e)(2) permits the Board of Supervisors to bypass most of the procedures normally required for redevelopment plan amendments in adopting the Amendments to the Plans to extend the redevelopment plan time limits, except for notice and holding a public hearing which will be completed today. The Board of Supervisors may adopt the proposed Amendments in accordance with the normal procedures for the enactment of ordinances. Pursuant to CEQA Guidelines Section 15378(b)(2), (4) and (5), adoption of the Amendments is not a "project," and is therefore exempt from CEQA review, and staff recommends that the Board of Supervisors approve a CEQA Notice of Exemption for the Ordinances and the Amendments. G:RIDA.PIanAmendments.BoardOrder.7.18.06 Notice of Exemption To: ❑ Office of Planning and Research From: Contra Costa County Redevelopment Agency P.O.Box 3044 2530 Arnold Drive,Suite 190 1400 Tenth Street,Room 222 Martinez,CA 94553 Sacramento,CA 95812-3044 ❑x County Clerk County of Contra Costa PO Box 350 Martinez,CA 94553 Project Title: Amendments to the Redevelopment Plans for the Bay Point,Montalvin Manor,North Richmond,Pleasant Hill/Contra Costa Centre BART Station Area,and Rodeo Redevelopment Projects. Project Location—Specific: Bay Point,Montalvin Manor,North Richmond,Pleasant Hill/Contra Costa Centre BART Station Area,and Rodeo Redevelopment Project Areas Project Location—City: County of Contra Costa Project Location—County: County of Contra Costa Description of Project: The Redevelopment Plan Amendments,adopted pursuant to SB 211,SB 1045 and SB 1096,codified in part at Health and Safety Code Section 33333.6(e)(2)(B),(C)and(D),amends the time limits of the Redevelopment Plans. Name of Public Agency Approving Project: County of Contra Costa Name of Person or Agency Carrying Out Project: Contra Costa County Redevelopment Agency Exempt Status: (check one) ❑ Ministerial(Sec.21080(b)(1); 15268); ❑Declared Emergency(Sec. 21080(b)(3); 15269(a)); ❑Emergency Project(Sec. 21080(b)(4); 15269(b)(c)); ❑Categorical Exemption. State type and section number: ❑Statutory Exemptions. State code number: ❑x Not a":Project" as defined in Section 15378. Reasons why project is exempt: Adoption of the Redevelopment Plan Amendments are not a project pursuant to CEQA Guidelines Section 15378(b)(2),(4),and(5) and is therefore exempt from CEQA. Lead Agency Contact Person: James Kennedy Area Code/Telephone/Extension: (925)335-7225 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a Notice of Exemption been filed by the public agency approving the project? ❑Yes ❑No Signature: . Date: Title: Redevelopment Director 9 Signed by Lead Agency Date received for filing at OPR: ❑ Signed by Applicant Revised May 1999 320\04\178637.1 RECORDING REQUESTED BY: CONTRA COSTA COUNTY REDEVELOPMENT AGENCY WHEN RECORDED RETURN 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. O,� AN ORDINANCE OF THE BOARD OF SUPERVISORS FOR THE COUNTY OF CONTRA COSTA ADOPTING AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE RODEO REDEVELOPMENT PROJECT AREA PURSUANT TO HEALTH AND SAFETY CODE SECTION 33333.6(e)(2)(B) AND (C),AND AMENDING RELATED ORDINANCES IN CONNECTION THEREWITH THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: WHEREAS, the Board of Supervisors of the County of Contra Costa adopted the Redevelopment Plan for the Rodeo Redevelopment Project Area by Ordinance No. 90-50 on July, 10, 1990, as amended by Ordinance No. 94-66, adopted on December 6, 1994, as amended by Ordinance No. 99-08, adopted on February 23, 1999, and as further amended by Ordinance No. 2002-16, adopted on May 21, 2002 (the 'Redevelopment Plan") establishing the Rodeo Redevelopment Project Area (the 'Project Area"); and WHEREAS, the legal description of the Project Area is set forth in Exhibit A of the Amendment described and incorporated in this Ordinance by reference below; and WHEREAS, the Redevelopment Plan, as amended, contains time limits for conducting certain redevelopment functions meeting the requirements of the Community Redevelopment Law (the "CRL") for such time limits in effect as of the date of adoption and amendment of the Redevelopment Plan; and WHEREAS, SB 211 amended the CRL, effective January 1, 2002, to allow the Board of Supervisors to amend the Redevelopment Plan to eliminate the time limit on the establishment of loans, advances, and indebtedness; and 320\10\178663.1 1 X00 -?2 WHEREAS, SB 1045 added Health and Safety Code Section 33333.6(e)(2)(C) to the CRI., which allows the Board of Supervisors to amend the Redevelopment Plan to extend the time limits on the effectiveness of the Redevelopment Plan and agency payment on indebtedness or receipt of property taxes by one year; and WHEREAS, the Contra Costa County Redevelopment Agency(the "Agency') has prepared an amendment to the Redevelopment Plan to amend its time limits as permitted by Health and Safety Code Section 33333.6(e)(2)(B) and (C) (the "Amendment"), a copy which is on file with the Clerk of the Board; and WHEREAS, the Board of Supervisors desires to amend the Redevelopment Plan in accordance with the terms of the Amendment as authorized pursuant to Health and Safety Code Section 33333.6(e)(2)(B) and (C); and WHEREAS, the Agency has prepared and submitted and the Board of Supervisors has reviewed and considered the staff report on the Amendment; and WHEREAS, the Agency staff has prepared and submitted to Board of Supervisors for review and approval a CEQA Notice of Exemption for the Amendment. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA: Section 1. The Board of Supervisors hereby finds and declares that the above recitals are true and correct. Section 2. The Amendment is hereby incorporated in this Ordinance by reference and made a part of this Ordinance as if set out in full in the Ordinance. Section 3. It is hereby found and determined that the Amendment is necessary and desirable. The Redevelopment Plan, as adopted by Ordinance No. 90-50 on July 10, 1990, as amended by Ordinance No. 94-66, adopted on December 6, 1994, as amended by Ordinance No. 99-08, adopted on February 23, 1999, and as further amended by Ordinance No. 2002-16, adopted on May 21, 2002, is further amended in accordance with the Amendment. Section 4. The Redevelopment Plan, as amended by the Amendment, is hereby adopted, approved, and designated as part of the official Redevelopment Plan for the Project Area. It is the purpose and intent of the Board of Supervisors that the Amendment be implemented as part of the Redevelopment Plan for the Project Area. The Executive Director of the Agency may prepare a document that incorporates the provisions of the Amendment into the existing text of the Redevelopment Plan, and such document shall then constitute the official Redevelopment Plan for the Project Area. Section 5. To the extent of the amendment set forth in the Amendment, this Ordinance amends Ordinance No. 90-50, adopted on July 10, 1990, Ordinance No. 94-66, 320\10\178663.1 2 adopted on December 6, 1994, Ordinance No. 99-08, adopted on February 23, 1999, and Ordinance No. 2002-16, adopted on May 21, 2002. Section 6. In accordance with Health and Safety Code Section 33333.6(g), the Amendment shall not be construed to affect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Health and Safety Code Section 33401, authorized by the Board of Supervisors or the Agency prior to January 1, 1994. Nor shall the Amendment be construed to affect the right of the Agency to receive property taxes pursuant to Health and Safety Code Section 33670, to pay the indebtedness or other obligation described in this Section 6. Section 7. The Board of Supervisors hereby approves the CEQA Notice of Exemption for the Amendment and directs the Clerk of the Board to file the Notice of Exemption with the County Clerk of the County of Contra Costa. Section 8. The Clerk of the Board is hereby directed to file a copy of the Amendment with the minutes of this meeting and to publish this Ordinance in the Contra Costa Times. A copy of this Ordinance and the Amendment shall be transmitted to the Agency and the Agency is vested with the responsibility of implementing the Amendment. Section 9. The Executive Director of the Agency is hereby directed to record the Ordinance and the Amendment in compliance with the provisions of Government Code Section 27295. Section 10. If any provision, section, subsection, subdivision, sentence, clause or phrase of this Ordinance or the Amendment 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 Amendment. 320\10\178663.1 3 This Ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once in the Contra County Times, a newspaper of general circulation printed and published and circulated in the County of Contra Costa. PASSED on e , 2006,by the following vote: AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia ] NOES: None ABSENT: None ABSTAIN: None ATTEST: John Cullen, Clerk of the Board and County Administrator By:. / eputy and Chair V 320\10\178663.1 4 RECORDING REQUESTED BY: CONTRA COSTA COUNTY REDEVELOPMENT AGENCY WHEN RECORDED RETURN 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. O -3 AN ORDINANCE OF THE BOARD OF SUPERVISORS FOR THE COUNTY OF CONTRA COSTA ADOPTING AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE PLEASANT HILL/CONTRA COSTA CENTRE BART STATION REDEVELOPMENT PROJECT AREA PURSUANT TO HEALTH AND SAFETY CODE SECTION 33333.6(e)(2)(D),AND AMENDING RELATED ORDINANCES IN CONNECTION THEREWITH THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA,DOES ORDAIN AS FOLLOWS: WHEREAS, the Board of Supervisors of the County of Contra Costa adopted the Redevelopment Plan for the Pleasant Hill/Contra Costa Centre BART Station Redevelopment Project Area by Ordinance No. 84-03 on July 10, 1984, as amended by Ordinance No. 88-58, adopted on July 19, 1988, as amended by Ordinance No. 94-62, adopted on December 6, 1994, as amended by Ordinance No. 99-04, adopted on February 23, 1999, and as further amended by Ordinance No. 2005-16, adopted on May 24, 2005 (the 'Redevelopment Plan") establishing the Pleasant Hill/Contra Costa Centre BART Station Redevelopment Project Area (the 'Project Area"); and WHEREAS, the legal description of the Project Area is set forth in Exhibit A of the Amendment described and incorporated in this Ordinance by reference below; and WHEREAS, the Redevelopment Plan, as amended, contains time limits for conducting certain redevelopment functions meeting the requirements of the Community Redevelopment Law (the "CRL")-for such time limits in effect as of the date of adoption and amendment of the Redevelopment Plan; and WHEREAS, SB 1096 added Health and Safety Code Section 33333.6(e)(2)(D) to the CRL, which allows the Board of Supervisors to amend the Redevelopment Plan to extend the 320\01\178667.1 1 time limits on the effectiveness of the Redevelopment Plan and Agency payment on indebtedness or receipt of property taxes by one year; and WHEREAS, the Contra Costa County Redevelopment Agency (the "Agency") has prepared an amendment to the Redevelopment Plan to amend its time limits as permitted by Health and Safety Code Section 33333.6(e)(2)(D) (the "Amendment"), a copy which is on file with the Clerk of the Board; and WHEREAS, the Board of Supervisors desires to amend the Redevelopment Plan in accordance with the terms of the Amendment as authorized pursuant to Health and Safety Code Section 33333.6(e)(2)(D); and WHEREAS, the Agency has prepared and submitted and the Board of Supervisors has reviewed and considered the staff report on the Amendment; and WHEREAS, the Agency staff has prepared and submitted to Board of Supervisors for review and approval a CEQA Notice of Exemption for the Amendment; and WHEREAS, Health and Safety Code Section 33333.6(e)(2)(D) states: In adopting this ordinance, neither the legislative body nor the agency is required to comply with Section 33354.6 or Article 12 (commencing with Section 33450) or any other provision of this part relating to the amendment of redevelopment plans. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA: Section 1. The Board of Supervisors hereby finds and declares that the above recitals are true and correct. Section 2. The Board of Supervisors hereby finds and declares the following: (a) The Agency is in compliance with the requirements of Health and Safety Code Section 33334.2. (b) The Agency has adopted an implementation plan in accordance with the requirements of Health and Safety Code Section 33490. (c) The Agency is in compliance with subdivisions (a) and (b) of Section 33413, to the extent applicable. (d) The Agency is not subject to sanctions pursuant to subdivision (e) of Section 33334.12 for failure to expend, encumber or disburse an excess surplus from its Housing Fund. 320\01\178667.1 2 (e) The funds used by the Agency to the make the payments to the Educational Revenue Augmentation Fund pursuant to Section 33681.12 would otherwise have been used.to pay the costs of projects and activities necessary to carry out the goals and objectives of the Plan. The Board of Supervisors hereby incorporates by reference the staff report prepared in conjunction with this Ordinance which provides evidence to support these findings. Section 3. The Amendment is hereby incorporated in this Ordinance by reference and made a part of this Ordinance as if set out in full in the Ordinance. Section 4. It is hereby found and determined that the Amendment is necessary and desirable. The Redevelopment Plan, as adopted by Ordinance No. 84-03 on July 10, 1984, as amended by Ordinance No. 88-58, adopted on July 19, 1988, as amended by Ordinance No. 94- 62, adopted on December 6, 1994, as amended by Ordinance No. 99-04, adopted on February 23, 1999, and as further amended by Ordinance No. 2005-16, adopted on May 24, 2005, is further amended in accordance with the Amendment. Section 5. The Redevelopment Plan, as amended by the Amendment, is hereby adopted, approved, and designated as part of the official Redevelopment Plan for the Project Area. It is the purpose and intent of the Board of Supervisors that the Amendment be implemented as part of the Redevelopment Plan for the Project Area. The Executive Director of the Agency may prepare a document that incorporates the provisions of the Amendment into the existing text of the Redevelopment Plan, and such document shall then constitute the official Redevelopment Plan for the Project Area. Section 6. To the extent of the amendment set forth in the Amendment, this Ordinance amends Ordinance No.'84-03, adopted on July 10, 1984, Ordinance No. 88-58, adopted on July 19, 1988, Ordinance No. 94-62, adopted on December 6, 1994, Ordinance No. 99-04, adopted on February 23, 1999, and Ordinance No. 2005-16, adopted on May 24, 2005. Section 7. In accordance with Health and Safety Code Section 33333.6(g), the Amendment shall not be construed to affect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Health and Safety Code Section 33401, authorized by the Board of Supervisors or the Agency prior to January 1, 1994. Nor shall the Amendment be construed to affect the right of the Agency to receive property taxes pursuant to Health and Safety Code Section 33670, to pay the indebtedness or other obligation described in this Section 7. Section 8. The Board of Supervisors hereby approves the CEQA Notice of Exemption for the Amendment and directs the Clerk of the Board to file the Notice of Exemption with the County Clerk of the County of Contra Costa. Section 9. The Clerk of the Board is hereby directed to file a copy of the Amendment with the minutes of this meeting and to publish this Ordinance in the Contra Costa Times. A 320\131\178667.1 3 copy of this Ordinance and the Amendment shall be transmitted to the Agency and the Agency is vested with the responsibility of implementing the Amendment. Section 10. The Executive Director of the Agency is hereby directed to record the Ordinance and the Amendment in compliance with the provisions of Government Code Section 27295. Section 11. If any provision, section, subsection, subdivision, sentence, clause or phrase of this Ordinance or the Amendment 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 Amendment. This Ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once in the Contra County Times, a newspaper of general circulation printed and published and circulated in the County of Contra Costa. PASSED on , 2006, by the following vote: AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None ATTEST:, John Cullen, Clerk of the Board and County Administrator By: xG-- ,did t,�`�" — Y� Deputy and Chair 320\131\178667.1 4 RECORDING REQUESTED BY: CONTRA COSTA COUNTY REDEVELOPMENT AGENCY WHEN RECORDED RETURN 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. AN ORDINANCE OF THE BOARD OF SUPERVISORS FOR THE COUNTY OF CONTRA COSTA ADOPTING AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE NORTH RICHMOND REDEVELOPMENT PROJECT AREA PURSUANT TO HEALTH AND SAFETY CODE SECTION 33333.6(e)(2)(B) and (C),AND AMENDING RELATED ORDINANCES IN CONNECTION THEREWITH THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: WHEREAS, the Board of Supervisors of the County of Contra Costa adopted the Redevelopment Plan for the North Richmond Redevelopment Project Area by Ordinance No. 87- 50 on July 14, 1987, as amended by Ordinance No. 94-63, adopted on December 6, 1994, as amended by Ordinance No. 99-06, adopted on February 23, 1999, and as further amended by Ordinance No. 99-31, adopted on June 8, 1999 (the 'Redevelopment Plan") establishing the North Richmond Redevelopment Project Area (the 'Project Area"); and WHEREAS, the legal description of the Project Area is set forth in Exhibit A of the Amendment described and incorporated in this Ordinance by reference below; and WHEREAS, the Redevelopment Plan, as amended, contains time limits for conducting certain redevelopment functions meeting the requirements of the Community Redevelopment Law (the "CRL") for such time limits in effect as of the date of adoption and amendment of the Redevelopment Plan; and WHEREAS, SB 211 amended the CRL, effective January 1, 2002, to allow the Board of Supervisors to amend the Redevelopment Plan to eliminate the time limit on the establishment of loans, advances, and indebtedness; and 320\06\178640.1 1 WHEREAS, SB 1045 added Health and Safety Code Section 33333.6(e)(2)(C) to the CRL, which allows the Board of Supervisors to amend the Redevelopment Plan to extend the time limits on the effectiveness of the Redevelopment Plan and agency payment on indebtedness or receipt of property taxes by one year; and WHEREAS, the Contra Costa County Redevelopment Agency (the "Agency") has prepared an amendment to the Redevelopment Plan to amend its time limits as permitted by Health and Safety Code Section 33333.6(e)(2)(B) and (C) (the "Amendment"), a copy which is on file with the Clerk of the Board; and WHEREAS, the Board of Supervisors desires to amend the Redevelopment Plan in accordance with the terms of the Amendment as authorized pursuant to Health and Safety Code Section 33333.6(e)(2)(B) and (C); and WHEREAS, the Agency has prepared and submitted and the Board of Supervisors has reviewed and considered the staff report on the Amendment; and WHEREAS, the Agency staff has prepared and submitted to Board of Supervisors for review and approval a CEQA Notice of Exemption for the Amendment. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA: Section 1. The Board of Supervisors hereby finds and declares that the above recitals are true and correct. Section 2. The Amendment is hereby incorporated in this Ordinance by reference and made a part of this Ordinance as if set out in full in the Ordinance. Section 3. It is hereby found and determined that the Amendment is necessary and desirable. The Redevelopment Plan, as adopted by Ordinance No. 87-50 on July 14, 1987, as amended by Ordinance No. 94-63, adopted on December 6, 1994, as amended by Ordinance No. 99-06, adopted on February 23, 1999, and as further amended by Ordinance No. 99-31, adopted on June 8, 1999, is further amended in accordance with the Amendment. Section 4. The Redevelopment Plan, as amended by the Amendment, is hereby adopted, approved, and designated as part of the official Redevelopment Plan for the Project Area. It is the purpose and intent of the Board of Supervisors that the Amendment be implemented as part of the Redevelopment Plan for the Project Area. The Executive Director of the Agency may prepare a document that incorporates the provisions of the Amendment into the existing text of the Redevelopment Plan, and such document shall then constitute the official Redevelopment Plan for the Project Area. Section 5. To the extent of the amendment set forth in the Amendment, this Ordinance amends Ordinance No. 87-50, adopted on July 14, 1987, Ordinance No. 94-63, 320\06\178640.1 2 ou6-JS'e adopted on December 6, 1994, Ordinance No. 99-06, adopted on February 23, 1999, and Ordinance No. 99-31, adopted on June 8, 1999. Section 6. In accordance with Health and Safety Code Section 33333.6(g), the Amendment shall not be construed to affect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Health and Safety Code Section 33401, authorized by the Board of Supervisors or the Agency prior to January 1, 1994. Nor shall the Amendment be construed to affect the right of the Agency to receive property taxes pursuant to Health and Safety Code Section 33670, to pay the indebtedness or other obligation described in this Section 6. Section 7. The Board of Supervisors hereby approves the CEQA Notice of Exemption for the Amendment and directs the Clerk of the Board to file the Notice of Exemption with the County Clerk of the County of Contra Costa. Section 8. The Clerk of the Board is hereby directed to file a copy of the Amendment with the minutes of this meeting and to publish this Ordinance in the Contra Costa Times. A copy of this Ordinance and the Amendment shall be transmitted to the Agency and the Agency is vested with the responsibility of implementing the Amendment. Section 9. The Executive Director of the Agency is hereby directed to record the Ordinance and the Amendment in compliance with the provisions of Government Code Section 27295. Section 10. If any provision, section, subsection, subdivision, sentence, clause or phrase of this Ordinance or the Amendment 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 Amendment. 320\06\178640.1 3 This Ordinance becomes effective 30 days after passage, and within 15 days.after passage shall be published once in the Contra County Times, a newspaper of general circulation printed and published and circulated in the County of Contra Costa. PASSED on , 2006, by the following vote: AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None ATTEST: John Cullen, Clerk of the Board of Supervisors and County Administrator By:_ w eputy &rd Chair C 320\06\178640.1 4 RECORDING REQUESTED BY: CONTRA COSTA COUNTY REDEVELOPMENT AGENCY WHEN RECORDED RETURN 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.1 6061-tl AN ORDINANCE OF THE BOARD OF SUPERVISORS FOR THE COUNTY OF CONTRA COSTA ADOPTING AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE MONTALVIN MANOR REDEVELOPMENT PROJECT AREA PURSUANT TO HEALTH AND SAFETY CODE SECTION 33333.6(e)(2)(C),AND AMENDING RELATED ORDINANCES IN CONNECTION THEREWITH THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA,DOES ORDAIN AS FOLLOWS: WHEREAS, the Board of Supervisors of the County of Contra Costa adopted the Redevelopment Plan for the Montalvin Manor Redevelopment Project Area by Ordinance No. 2003-23 on July 8, 2003 (the 'Redevelopment Plan") establishing the Montalvin Manor Redevelopment Project Area (the 'Project Area"); and WHEREAS, the legal description of the Project Area is set forth in Exhibit A of the Amendment described and incorporated in this Ordinance by reference below; and WHEREAS, the Redevelopment Plan, as amended, contains time limits for conducting certain redevelopment functions meeting the requirements of the Community Redevelopment Law (the "CRL") for such time limits in effect as of the date of adoption of the Redevelopment Plan; and WHEREAS, SB 1045 added Health and Safety Code Section 33333.6(e)(2)(C) to the CRL, which allows the Board of Supervisors to amend the Redevelopment Plan to extend the time limits on the effectiveness of the Redevelopment Plan and payment on indebtedness and receipt of property taxes by one year; and WHEREAS, the Contra Costa County Redevelopment Agency (the "Agency") has prepared an amendment to the Redevelopment Plan to amend the time limits as permitted by Health and Safety Code Section 33333.6(e)(2)(C) (the "Amendment"), a copy which is on file with the Clerk of the Board; and 320\04\336059.1 1 WHEREAS, the Board of Supervisors desires to amend the Redevelopment Plan in accordance with the terms of the Amendment as authorized pursuant to Health and Safety Code Section 33333.6(e)(2)(C); and WHEREAS, the Agency has prepared and submitted and the Board of Supervisors has reviewed and considered the staff report on the Amendment; and WHEREAS, the Agency staff has prepared and submitted to Board of Supervisors for review and approval a CEQA Notice of Exemption for the Amendment; and WHEREAS, Health and Safety Code Section 33333.6(e)(2)(C) states: In adopting this ordinance, neither the legislative body nor the agency is required to comply with Section 33354.6 or Article 12 (commencing with Section 33450) or any other provision of this part relating to the amendment of redevelopment plans, including, but not limited to, the requirement to make payments to affected taxing entities required by Section 33607.7. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA: Section 1. The Board of Supervisors hereby finds and declares that the above recitals are true and correct. .Section 2. The Amendment is hereby incorporated in this Ordinance by reference and made a part of this Ordinance as if set out in full in the Ordinance. Section 3. It is hereby found and determined that the Amendment is necessary and desirable. The Redevelopment Plan, as adopted by Ordinance No. 2003-23 on July 8, 2003, is further amended in accordance with the Amendment. Section 4. The Redevelopment Plan, as amended by the Amendment, is hereby adopted, approved, and designated as part of the official Redevelopment Plan for the Project Area. It is the purpose and intent of the Board of Supervisors that the Amendment be implemented as part of the Redevelopment Plan for the Project Area. The Executive Director of the Agency may prepare a document that incorporates the provisions of the Amendment into the existing text of the Redevelopment Plan, and such document shall then constitute the official Redevelopment Plan for the Project Area. Section 5. To the extent of the amendment set forth in the Amendment, this Ordinance amends Ordinance No. 2003-23, adopted on July 8, 2003. Section 6. The Board of Supervisors hereby approves the CEQA Notice of Exemption for the Amendment and directs the Clerk of the Board to file the Notice of Exemption with the County Clerk of the County of Contra Costa. Section 7. The Clerk of the Board is hereby directed to file a copy of the Amendment with the minutes of this meeting and to publish this Ordinance in the Contra Costa Times. A copy of this Ordinance and the Amendment shall be transmitted to the Agency and the Agency is vested with the responsibility of implementing the Amendment. 320\04\3360:59.1 2 Section 8. The Executive Director of the Agency is hereby directed to record the Ordinance and the Amendment in compliance with the provisions of Government Code Section 27295. Section 9. If any provision, section, subsection, subdivision, sentence, clause or phrase of this Ordinance or the Amendment 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 Amendment. This Ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once in the Contra County Times, a newspaper of general circulation printed and published and circulated in the County of Contra Costa. PASSED on f la / , 2006, by the following vote: A ATT70. - AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None ATTEST: John Cullen, Clerk of the Board and County Administrator By: ryc2 �!�&" eputy and Chair 320\04\336059.1 3 RECORDING REQUESTED BY: CONTRA COSTA COUNTY REDEVELOPMENT AGENCY WHEN RECORDED RETURN 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. ;2C46, -_33 AN ORDINANCE OF THE BOARD OF SUPERVISORS FOR THE COUNTY OF CONTRA COSTA ADOPTING AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE BAY POINT REDEVELOPMENT PROJECT AREA PURSUANT TO HEALTH AND SAFETY CODE SECTION 33333.6(e)(2)(B) and (C), AND AMENDING RELATED ORDINANCES IN CONNECTION THEREWITH THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA,DOES ORDAIN AS FOLLOWS: WHEREAS, the Board of Supervisors of the County of Contra Costa adopted the Redevelopment Plan for the Bay Point Redevelopment Project Area by Ordinance No. 87-102 on Dec=ember 29, 1987, as amended by Ordinance No. 94-64, adopted on December 6, 1994, as amended by Ordinance No. 99-05, adopted on February 23, 1999, and as further amended by Ordinance No. 99-54, adopted on October 19, 1999 (the "Redevelopment Plan") establishing the Bay Point:Redevelopment Project Area (the "Project Area:'); and WHEREAS, the legal description of the Project Area is set forth in Exhibit A of the Amendment described and incorporated in this Ordinance by reference below; and WHEREAS, the Redevelopment Plan, as amended, contains time limits for conducting certain redevelopment functions meeting the requirements of the Community Redevelopment Law (the "CRL") for such time limits in effect as of the date of adoption and amendment of the Redevelopment Plan; and WHERAS, SB 211 amended the CRL, effective January 1, 2002, to allow the Board of Supervisors to amend the Redevelopment Plan to eliminate the time limit on the establishment of loans, advances, and indebtedness; and 320\07\178665.1 1 9aa-g-J3 WHEREAS, SB 1045 added Health and Safety Code Section 33333.6(e)(2)(C) to the CRL, which allows the Board of Supervisors to amend the Redevelopment Plan to extend the time limits on the effectiveness of the Redevelopment Plan and agency payment on indebtedness or receipt of property taxes by one year•, and WHEREAS, the Contra Costa County Redevelopment Agency (the "Agency") has prepared an amendment to the Redevelopment Plan to amend its time limits as permitted by Health and Safety Code Section 33333.6(e)(2)(B) and (C) (the "Amendment"), a copy which is on file with the Clerk of the Board; and WHEREAS, the Board of Supervisors desires to amend the Redevelopment Plan in accordance with the terms of the Amendment as authorized pursuant to Health and Safety Code Section 33333.6(e)(2)(B) and (C); and WHEREAS, the Agency has prepared and submitted and the Board of Supervisors has reviewed and considered the staff report on the Amendment; and WHEREAS, the Agency staff has prepared and submitted to Board of Supervisors for review and approval a CEQA Notice of Exemption for the Amendment. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA: Section 1. The Board of Supervisors hereby finds and declares that the above recitals are true and correct. Section 2. The Amendment is hereby incorporated in this Ordinance by reference and made a part of this Ordinance as if set out in full in the Ordinance. Section 3. It is hereby found and determined that the Amendment is necessary and desirable. The Redevelopment Plan, as adopted by Ordinance No. 87-102 on December 29, 1987, as amended by Ordinance No. 94-64, adopted on December 6, 1994, as amended by Ordinance No. 99-05, adopted on February 23, 1999, and as further amended by Ordinance No. 99-54, adopted on October 19, 1999, is further amended in accordance with the Amendment. Section 4. The Redevelopment Plan, as amended by the Amendment, is hereby adopted, approved, and designated as part of the official Redevelopment Plan for the Project Area. It is the purpose and intent of the Board of Supervisors that the Amendment be implemented as part of the Redevelopment Plan for the Project Area. The Executive Director of the Agency may prepare a document that incorporates the provisions of the Amendment into the existing text of the Redevelopment Plan, and such document shall then constitute the official Redevelopment Plan for the Project Area. Section 5. To the extent of the amendment set forth in the Amendment, this Ordinance amends Ordinance No. 87-102, adopted on December 29, 1987, Ordinance No. 94-64, 320\07\178665.1 2 a-v u'd—33 adopted on December 6, 1994, Ordinance No. 99-05, adopted on February 23, 1999, and Ordinance.No. 99-54, adopted on October 19, 1999. Section 6. In accordance with Health and Safety Code Section 33333.6(g), the Amendment shall not be construed to affect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Health and Safety Code Section 33401, authorized by the Board of Supervisors or the Agency prior to January 1, 1994. Nor shall the Amendment be construed to affect the right of the Agency to receive property taxes pursuant to Health and Safety Code Section 33670, to pay the indebtedness or other obligation described in this Section 6. Section 7. The Board of Supervisors hereby approves the CEQA Notice of Exemption for the Amendment and directs the Clerk of the Board to file the Notice of Exemption with the County Clerk of the County of Contra Costa. Section 8. The Clerk of the Board is hereby directed to file a copy of the Amendment with the minutes of this meeting and to publish this Ordinance in the Contra Costa Times. A copy of this Ordinance and the Amendment shall be transmitted to the Agency and the Agency is vested with the responsibility of implementing the Amendment. Section 9. The Executive Director of the Agency is hereby directed to record the Ordinance and the Amendment in compliance with the provisions of Government Code Section 27295. Section 10. If any provision, section, subsection, subdivision, sentence, clause or phrase of this Ordinance or the Amendment 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 Amendment. 320\07\178665.1 3 This Ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once in the Contra County Times, a newspaper of general circulation printed and published and circulated in the County of Contra Costa. PASSED on , 2006, by the following vote: AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia NOES: Ncne ABSENT: None ABSTAIN: None AT]['EST: John Cullen, Clerk of the Board and County Administrator By:kAlf/' je-- ( epUty Board Chair 320\07\178665.1 4 LL M O X o O N r CO m Qc) V L L73 D N ON Q N LO m O L C N C cl N t ._ O m w CO m m C/) a _ N N F U O — co c c W U) Q) N LO Lr) c L.0 c t0 -0 c' C 0 0 a� N U � c c� .. c Q L y Q. J O O Z5 O 0 EO (6 L _0 O C � Z C O C U N O : O O N U C U) CCc C C tD N +�+ Oco a N Q CD N C N !` to .0 O O L c •� O M c U (� U) C C N O N C O L L c d �0 m _N V O N U C C 0 CD C: - 0 Oto r N (j . C C Q O c� Q O (L6 oN Q) (/j m C C C _0 O N U CIOO O: O (0 to E E Q O N C O Q Q > . U_ O O O N Q �' � L U a to C O N L O Q a) c0 2 > . a' 2 Z Cn Z �I E E E U cv co ca _ o co: cc E co E 'm E U- , g m o) 0) vi Q