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HomeMy WebLinkAboutMINUTES - 12291987 - T.2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this. Order on December 29, 1987 by the following vote: AYES: Supervisors/Commissioners Powers, Fanden and Torlakson NOES: None ABSENT: Supervisors/Commissioners Schroder and McPeak ABSTAIN:None --------------------------------------------------------------------- --------------------------------------------------------------------- SUBJECT: Hearing On The West Pittsburg Redevelopment Plan Supervisor Torlakson, Chairman, convened the joint public hearing of the Contra Costa County Board of Supervisors and the Contra Costa County Redevelopment Agency on the proposed Redevelopment Plan for the West Pittsburg Redevelopment Plan and the Environmental Impact Report on the Plan. The Clerk noted that Supervisors Powers, Fanden and Torlakson, members of the Board of Supervisors who serve in dual capacity as members of the County Redevelopment Agency were present. Supervisors Schroder and McPeak who also serve in the dual capacity were absent. Supervisor Torlakson introduced members of the Project Area Committee (PAC) and others present who assisted in the development of the West Pittsburg Redevelopment Plan. He spoke on the benefits a community receives from a redevelopment plan. Phil Batchelor, County Administrator, introduced the County' s Redevelopment Director, James Kennedy. James Kennedy, Redevelopment Director, commented on the pass through agreement with the Riverview Fire Protection District indicating that the Fire District had demonstrated financial detriment, and asked that the Board take action on that item prior to the hearing. Supervisor Fanden moved approval of the pass through agreement with Riverview Fire Protection District. Supervisor Powers seconded the motion. Resolution RA 87-29 was passed by a unanimous vote of the Board members present. James Kennedy spoke on the Redevelopment Plan for the West Pittsburg Redevelopment Project Area. Mr. Kennedy noted that by adopting this plan this year, the Redevelopment Project Area will be able to receive its initial amount of tax increment (estimated to be about $60,000) in December of 1988, a year earlier than if the plan were to be adopted a few days from now. Mr. Kennedy gave a history of the development of the plan and explained how the plan proposes to utilize tax increments generated within the project area in five major ways: ( 1) To strengthen existing neighborhoods by rehabilitating the existing housing stock and infrastructure; ( 2) To stimulate the construction of new affordable housing; ( 3 ) To construct major infrastructure improvements within the community; ( 4 ) To expand the tax base and create employment opportunities by revitalizing and expanding the commercial base; and ( 5) To stimulate new industrial development. Mr. Kennedy commented on the proposed budget and the need to judiciously apply redevelopment systems, leverage resources with other public and private funds, and focus and prioritize activities to maximize positive impacts. Mr. Kennedy emphasized that the redevelopment plan did not contemplate, as part of the plan being considered today, the displacement of people from their homes or the taking of property, and that property taxes would not rise because of the plan itself. Jerry Raycraft, Redevelopment Project Manager for the County, commented on the plan contents and the potential for using Redevelopment in the West Pittsburg area as a response to the blighting conditions that exist in the area as well as to address the 1. • economic stagnation that has prevailed in the area for many years. He advised that while the area has seen some residential development over the past few years, economic development has fallen behind other areas of the County. He spoke on the potential of redevelopment to revitalize and expand industrial and commercial development thereby increasing employment resources, to strengthen existing residential neighborhoods thereby improving the quality of life for area residents, and to upgrade the deteriorated housing stock thereby removing sources of blight and disincentives for investment. Mr. Raycraft commented that the West Pittsburg area suffers from a . combination of blighting conditions which make redevelopment assistance imperative if the area is to meet the development potential as outlined in the General Plan. He listed the five major goals and objectives of the plan: ( 1) The plan calls for the construction of new affordable housing; ( 2) The plan calls for the upgrading and strengthening of residential neighborhoods; ( 3 ) The plan calls for major infrastructure improvements; ( 4) The plan calls for the facilitation of commercial development; ( 5) The plan calls for the facilitation of industrial development. Mr. Raycraft noted that the Agency is authorized in the plan to acquire real property by any lawful means including eminent domain. However, he emphasized that the acquisition of real property is not a primary objective of the Agency. He advised that as required by Redevelopment Law, the plan does conform to the County General Plan. Mr. Raycraft spoke on the work of the Project Area Committee (PAC) and its report, and the establishment of a fiscal review committee to allow the various taxing agencies to show the financial burden or detriment that would be incurred as a result of adoption of the Plan. He noted that the Riverview Fire Protection District would be impacted by implementation, of the Plan and that the Agency has proposed a pass through agreement to allow the District to receive those taxes that would have gone to the Agency. He commented further on the funding of the Plan. Mr. Raycraft also commented on the Environmental Impact Report (EIR) that had been prepared as required by law in conjunction with the plan, the hearing on the draft EIR, and the final EIR being reviewed by the East County Planning commission. He identified two major negative impacts that may result from plan implementation that cannot be totally mitigated at the present time: 1. The rate at which industrial development may take place may result in unavoidable degradation of air quality, noise levels, odor and soil contamination and hazardous materials handling and storage risks; 2. The increase in vehicular traffic would result in substantial traffic, air quality and noise impacts. He noted that the EIR identified impacts in the areas of municipal services, including police, fire, sewer and water and schools. Mr. Raycraft advised that the East County Regional Planning Commission has recommended in its Resolution No. 71-1987, certification of the Final Environmental Impact Report (FEIR) and adoption of the West Pittsburg Redevelopment Plan. Polly Marshall of Goldfarb and Lipman, Legal Counsel to the Redevelopment Agency, spoke on the legal aspect of adopting the Redevelopment Plan and the Agency' s actions, and requested that the plan, the report on the Plan and any other information that has been presented by staff here today be incorporated into the record of this hearing. Ms. Marshall commented on the noticing procedure to the property owners in the area and to affected taxing agencies and submitted into the record the proof of publication of the notice and two declarations of mailing of the notice. Ms. Marshall also submitted a resolution by the Los Medanos Hospital District regarding their view of the fiscal effect of the plan and the Agency' s response 2. to that, and additional written correspondence from residents of the project area. The Clerk administered the oath to all witnesses desiring to present testimony at this hearing. The Chair then called on the speakers. Susan Statzell, 40 Ida Court, Pittsburg, Chair, West Pittsburg Redevelopment Project Area Committee (PAC) , commented on the work and discussions that had resulted in the development of the Plan. She presented the PAC' s recommendations on the adoption of the Plan: that the Project Area Committee shall remain in existence throughout the life of the plan and will be consulted on all development proposals within the West Pittsburg Project Area; that emphasis be placed on rehabilitation efforts and that the use of eminent domain be minimized; that day care facilities be established within the Project Area; that a convalescent care facility be established within the Project Area; that low-interest loans be made available to businesses in the Project Area to allow them to upgrade and to expand; that the Project Area residents be given priority to allow them to upgrade and to expand; that the Project Area residents be given priority for employment created through the Agency' s activities; that emphasis be placed on transportation improvements within the area; that the Agency obtain funding for transportation improvements from jurisdictions that contribute to the traffic congestion; that an effort be made to promote industrial development that is non-polluting within the area; that commercial and industrial development that will create employment opportunities for area residents be encouraged; that public utilities be upgraded in conjunction with the Agency activities and that the Agency coordinate with BART to develop commercial and/or retail centers around future BART station within the Project Area. Ro Aguilar, 11500 Skyline Boulevard, Oakland, representing East Bay Regional Park District, advised of the District support for the Project. Ms. Aguilar commented on the regional trail linkage going through the Project Area and that the facility connecting Contra Loma Regional Park to the Concord area would provide greater access to recreational opportunities for the residents of West Pittsburg. She advised that she would like to see the trail facility completed within a time frame of ten to fifteen years. Ms. Aguilar requested that in the report that the wording be more definitive about the Agency' s participation. On page X 33 , she requested the wording to read they "will participate" rather than "may" . She advised of her Agency' s willingness to leave the amount requested open with a letter of commitment from the Agency. Arthur S. Chomor, 504 Shore Road, Pittsburg, Project Area Committee, advised that the Redevelopment Project is a good project for West Pittsburg, but noted that few citizens were aware of the project until receiving the notice of the meeting. He suggested that the Redevelopment Agency write letters or notices to all the property owners as they did earlier this month and assure them that property condemnation is the lowest priority on the objectives of the Agency, and suggested that if there are any cases of condemnation that the Project Area Committee make a recommendation before the Board of Supervisors act on it. J.E. Cunningham, 99 Anchor Drive, West Pittsburg, commented on problems created by neighborhood redevelopment he had seen in areas that he had lived in before and on the use of eminent domain. He requested better communication with the residents of the area. Darlene Collins, 572 Pacifica Avenue, West Pittsburg, spoke in support of the project. She requested that the area be improved with a quality type of home. She requested a definition of affordable housing. James Kennedy responded to Mrs. Collins ' concerns with respect to affordable housing in relation to income and needs. Jerry L. Foster, 487 Levee Road, Pittsburg, Project Area Committee, expressed his concern with the West Pittsburg/Shore Acres 3. decline in recent years, employment problems in the West Pittsburg Area, and expressed his support for the program. Jodie Brown, 130 Water Street, Pittsburg, inquired as to property tax increases and potential annexation to the City of Pittsburg. Supervisor Torlakson responded that almost all of West Pittsburg is in the sphere of influence of the City of Pittsburg and that the position of the Pittsburg City Council is not to annex anyone who does not want to be part of the City. Jerry Raycraft advised that the Project Area may experience an increase in assessed valuation but not new taxes. He noted that improvements and change of ownership can increase valuation. T.W. Gibbs, 33 Madison Avenue, Pittsburg, requested material on the project to be sent to him. He referred to the wrecking yard near his property, and questioned if the Agency would be purchasing the wrecking yard. Supervisor Torlakson commented on code enforcement issues. He advised that if someone knows of a party who is not keeping his property up or if there is a problem with property to call his office for help. Jerry Raycraft responded that it is not in the Plan to eliminate the wrecking yard right now. However he noted it is hoped that at some time in the future the property owner would want to develop his property. Mr. Raycraft advised the General Plan provided for a , multiple family residential land use for the wrecking yard and that at some time redevelopment of the property would likely occur. He commented on the role of the Agency in assisting the property owner when that time occurs. Gaird Wallig, 84 Canal, Pittsburg, commented on issues including the widening of various roads, funding of the road improvements, the high incidence of cancer in the West Pittsburg area, commercial activity and clean air, the area where affordable housing would be constructed, a definition of blight, frontage improvements and potential for increased property taxes because of improvements to property. Supervisor Torlakson briefly commented on methods to fund road improvements. Jerry Raycraft responded that the Area of Benefit funds were somewhat restricted as to their use whereas Redevelopment funds could be used for curbs and gutters, lighting and landscaping where they presently do not exist. Supervisor Torlakson requested that Maurice Shiu, Public Works Department, contact Mrs. Wallig and respond to her concerns. Lillian Pride, 2311 Loveridge Road, Pittsburg, representing Los Medanos Hospital District, commented on issues including the resolution formulated by the District which had been submitted to the Board of Supervisors which is generally supportive of the efforts to improve the West Pittsburg area; she stated, however, the resolution details some concerns on the impact on the health care industry today. Ms. Pride commented on the decline of revenue sources for hospitals, the level of reimbursement by Medi-Cal/Medi-Care not covering the costs of providing services, the District' s inability to raise rates to cover the deficit, the level of service provided to West Pittsburg residents, the budget of the District, capital needs, the need for a pass through to relieve the financial impact on the District, and disagreement with the fiscal review report. Ms. Pride advised that the District is asking for a pass through of tax increments in the Plan. Lillian Pride then spoke as the Planning Director of the City of Pittsburg. She spoke of the City' s plans to annex property south of Highway 4 and east of the Ambrose Park District property and requested 4 . exclusion of this property from the proposed Redevelopment Area. She commented on the level of density that can be supported by the property and inconsistencies with the City of Pittsburg' s General Plan. Anita Lund Moore, 99 Beach Drive, Pittsburg, questioned why Shore Acres was included in the Redevelopment Plan when other subdivisions around Shore Acres were not. Supervisor Torlakson responded to Ms. Moore that inclusion would make redevelopment tools available to the residents of Shore Acres. Everett W. Fischer, 3061 Waterbrook Drive, West Pittsburg, requested exclusion of his subdivision from the plan because of development and increased density adjacent to his subdivision. He expressed support for the Redevelopment Plan. Milton Connor submitted a question on how to find out about procedures and progress reports. Supervisor Torlakson requested staff to contact Mr. Connor to answer his questions. Michael S. Davis, 218 Bailey Road, expressed concern about potential application of eminent domain. He questioned when people would be notified of such action, which properties are earmarked for this action, and if anybody was to be displaced ( such as renters) would the RAP Program be initiated into this policy. Supervisor Powers clarified that there was no plan to issue notices to anybody and exercise the power of eminent domain. James Kennedy responded to Mr. Davis that there was no intent in the plan itself to implement a code enforcement effort among either homeowner properties or rental properties, and that voluntary upgrading and modernization of the properties would be encouraged and facilitated by providing low interest rate financing. Charles Cottrill, 440 Marina Road, West Pittsburg, commented on issues including Bay Area Rapid Transit (BART) service to East County, taxes being increased, and funds being spent on roads and traffic congestion. Supervisor Torlakson responded on the issue of the Board' s efforts on Bay Area Rapid Transit; and commented on the distribution of West Pittsburg Redevelopment monies. Rod Bizer, no address given, questioned the provision on affordable housing. Supervisor Torlakson responded to Mr. Bizer' s question on affordable housing and James Kennedy explained the various types of loans available to rehabilitate existing structures. Walter Keiser, 1815 B 4th Street, Oakland, with the firm Economic and Planning Systems, Oakland, representing Mt. Diablo Unified School District, commented on the need to construct new facilities because of increased population, the loss of property taxes to the District and the delays in correcting maintenance problems. Mr. Keiser advised that the District had identified approximately 4 . 6 million dollars worth of needed improvements to buildings and grounds to bring those schools to a serviceable standard, and that there is justification for including these projects in the Plan. Mr.Keiser commented on errors in the report, the District' s withdrawal from the Leroy Greene Act Program, and the issue of the detriment resulting from the loss of property tax base. He requested that the District be included in the pass through of the two percent as provided for other agencies, that school improvements that have been identified in the submittals to the Fiscal Review Committee be considered a part of the projects to be funded by the Redevelopment Project, specifically the 4. 6 million dollars in projects. He recommended that the report be amended on page 33 to include schools and that he would submit language to staff concerning the addition and Table 3-1 on page 36 to reflect 5 infrastructure for schools with a cost attached to it of 4. 6 million dollars. Mark M. Manwill, Pittsburg, expressed opposition to the inclusion of the eminent domain clause in the Plan. Jerry Raycraft responded that the inclusion of eminent domain in the Plan is a tool that can be utilized to prompt someone to make improvements that are necessary and to eliminate structures that have been abandoned, are vacant, and need to be abated. Polly Marshall advised of potential tax advantages to property owners with the inclusion of the eminent domain clause in the Plan. Richard Sthalberg, 11 Canal Drive, Pittsburg, resident of Shore Acres, commented on the need for refurbishment in Shore Acres and expressed concern with the availability of funding for improvements for people who are not destitute. He questioned the availability of low interest loans. Jim Kennedy responded to the inquiry on financial assistance to homeowners who exceed income limits for current programs by indicating that this is an area that the Agency would like to explore. Marjorie Easter, 93 Poinsettia Avenue, West Pittsburg, inquired of options available to a property owner relative to improving property that already satisfies code requirements, and potential negative consequences to property that meets code requirements located among houses that do not. Supervisor Torlakson advised that there was nothing in the Plan to level whole blocks of areas and that the PAC insisted that that not be the kind of program here. Valerie Enos, no address given, questioned the infill housing and the zoning staying the same. Supervisor Torlakson advised that the land use categories set forth in the General Plan is the guideline. Harvey Bragdon, Director of Community Development, advised that there will be public hearings in the spring for the rezoning of West Pittsburg and that zoning will be consistent with the General Plan, so that if it is Single Family Residential in the General Plan, it will be Single Family in the rezoning. Gary Dale, 487 Marina Road, Pittsburg, questioned the availability of low interest loans and whether there is going to be a cap on income available for those loans. He inquired if Shoal Street would be extended to Pacifica. James Kennedy responded to Mr. Dale that at this point there is not a financial program established. He advised that there would only be small amounts of money that could be used for rehabilitation for people who do not meet the income criteria for the current program that' s available. He advised that an attempt will be made to get another funding program on line by working with the Project Area Committee and other resources. Supervisor Torlakson responded to Mr. Dale' s question on Shoal Street that there are no immediate plans for extending the street. Supervisor Torlakson noted that written comments were received from the following people: Mrs. Vida Carroll, 156 Alves Lane, Pittsburg, who questioned if she was in danger of being homeless from the program. Supervisor Torlakson assured Mrs. Carroll that the Plan would not result in homelessness, and requested staff to respond to Mrs. Carroll' s concerns. 6 . . H. Barnette, 19 Seaview Drive, Pittsburg, submitted a comment on current market values. Mrs. R. Benz, 399 Levee Road, West Pittsburg, requested that - attention be given to Shore Acres. Supervisor Torlakson requested staff to also respond to Mrs. Benz ' concerns. Mrs. Sara Willis, 81 Beach Drive, Pittsburg, questioned the time of the next meeting and the obtainability of a transcript of the meeting. Jerry Raycraft responded that there were no plans to .transcribe the meeting and he would be more than happy to send minutes of the meeting. Someone (unsigned) submitted a question regarding houses in Shore Acres development and if the roads in Shore Acres were to be widened. Supervisor Torlakson responded that he would be happy to meet with this person after the meeting to discuss this matter. Polly Marshall submitted for the record two more letters, from a property owner and a resident. All persons desiring to speak having been heard, IT IS BY THE BOARD ORDERED that the public hearing is CLOSED. Prior to responding to the two requests by taxing agencies to have more specific language included in the Plan, Mr. Kennedy prefaced his response by advising that prescriptive language had been avoided in the preparation of the Plan document to provide for greater flexibility in responding to changing circumstances or conditions. Mr. Kennedy then addressed the request of East Bay Regional Park District to have the "may commit to future participation" changed to "will" , and that if such language is deemed appropriate, "will commit to the extent feasible to partially funding trail improvements" would be an adequate response to the District' s concerns. Mr. Kennedy commented on the request by Mt. Diablo Unified School District that if in the future fiscal detriment or impact should result the Plan provides for further review. He recommended acceptance of the amended language on Page 33 of the Report on the Plan as suggested by the MDUSD, with the proviso that all prescriptive terms such as "will" and "shall" be modified to "may" . He also did not recommend inclusion of the school' s 4 . 6 million dollar line item in the budget at this time but advised that the Agency would desire to work with the District and will make every effort to do so. Jerry Raycraft responded to the City of Pittsburg' s request that the 16 acres south of Highway 4 be technically deannexed from the Redevelopment Project Area. Staff strongly encourages the inclusion of this parcel in the project area because the parcel has been included in the Agency' s plans for its affordable housing goals, and the separation of that parcel would create a smaller island to the west, a developed area which is currently blighted and needs redevelopment. He referenced a letter from A.D. Seeno Construction Company expressing satisfaction with the Plan, contradictory to the letter just received today stating the opposite, and Mr. Raycraft urged that that area be included in the project area. James Kennedy responded to the Los Medanos Hospital District' s concerns commenting that to put in language that would bind the Agency' s hands in the future would be imprudent, and he would not recommend any change in the Plan at this time as it relates to Los Medanos Hospital District. Supervisor Torlakson requested clarification of the request of the Los Medanos Hospital District for a two percent pass through and the law. 7. Polly Marshall clarified the issue of the two percent pass through requests by the Hospital District and the School District. Jerry Raycraft commented on the inclusion of the Winterbrook/Springfield area in the Plan that the area is contiguous to areas that need redevelopment and therefore, it was felt to be for the effective redevelopment of that area to leave it in the Plan. He urged that that area remain in the Project Area. Supervisor Powers questioned leaving the one area in the middle out of the Plan. Jerry Raycraft explained the County policy of not taking in areas that do not need redevelopment and that is why that area was excluded. He commented on the reason for the exclusion of the island being its stage of development at the time the project area survey was done. Supervisor Torlakson commented that not all issues could be resolved today, but action was needed to move forward to establish the Plan at this level, that follow-up meetings needed to be scheduled right away, that there had been a suggestion by Mr. Chomor to have a mailing to explain some of the material in writing, and then additional workshop discussions for people who want to meet with staff. Supervisor Torlakson asked the Board to support his meeting with the Agency staff, the City of Pittsburg and the Hospital District in two separate meetings to pursue further the concerns that have been raised in terms of land use and concerns expressed. Supervisor Powers moved the staff recommendations. Therefore, IT IS BY THE BOARD ORDERED that Resolution No. RA 87-29, authorizing the execution of a fiscal agreement with the Riverview Fire Protection District and making certain findings in connection with such agreement is ADOPTED. IT IS BY THE BOARD ORDERED that joint resolution 87/757 and RA 87-30 is ADOPTED 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 West Pittsburg Redevelopment Plan. IT IS FURTHER BY THE BOARD ORDERED that Ordinance No. 87-102 adopting the Redevelopment Plan for the West Pittsburg Redevelopment Project Area pursuant to the Community Redevelopment Law of the State of California is hereby ADOPTED. IT IS FURTHER ORDERED that Supervisor Torlakson is AUTHORIZED to meet with the City of Pittsburg and Los Medanos Hospital District regarding their concerns raised today. 1 hereby Certify that this is a true and correct copy of an action taken and entered on the mints of the Board of Su weon on t date shown. ATTESTED: 4� I q V PHIL BATCHELOR,Clerk of the Board of uperA and County Administrator u By Deouty Orig. Dept. : Clerk of the Board CC: Community Development Department I hereby certify that this Is a true and correct copy of Redevelopment an action taken and entered on the minutes of the County Administrator TERedevelopme gency on Ahe date shown. County Counsel ATSTED: -P XVA g2J I CY I7 _ PHIL TCHcLOR,Agency Secretary 8. o By . Deputy THE REDEVELOPMENT AGENCY OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on December 29 , 1987 by the following vote: AYES : supervisors/Commissioners Powers, Fanden and Torlakson NOES: None ABSENT: Supervisors/Commissioners Schroder and McPeak ASTAIN: None 87/757 and Resolution No. RA 87-30 SUBJECT: A CONCURRENT RESOLUTION OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY AND THE CONTRA COSTA COUNTY REDEVELOPMENT AGENCY 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 WEST PITTSBURG REDEVELOPMENT PLAN. WHEREAS , an Environmental Impact Report (the "EIR") on the Redevelopment Plan (the "Redevelopment Plan") for the West Pittsburg Redevelopment Project (the "Project" ) was prepared by the Contra Costa County Redevelopment Agency (the "Agency") pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000 et seq., hereafter "CEQA") , the Guidelines for Implementation of the California Environmental Quality Act (14 Cal. Admin. Code Sections 15000 et seq. , hereafter the "State EIR Guidelines") and the County' s Guidelines for Implementing CEQA ("Local Guidelines" ) ; and WHEREAS, on November 2 , 1987 , the Agency forwarded the Draft Environmental Impact Report to the State Clearinghouse for distribution to those agencies which have jurisdiction by law with respect to the Project and to other interested persons and agencies, and sought the comments of such persons and agencies; and WHEREAS, notice to all interested persons and agencies of the completion of a Draft EIR for the Redevelopment Plan was published in the Pittsburg Post Dispatch on November 5, 1987; and WHEREAS, the East County Regional Planning Commission conducted a duly noticed public hearing on the Draft Environmental Impact Report on November 23 , 1987 pursuant to the County' s Local Guidelines; and WHEREAS, the Draft Environmental Impact Report was thereafter reviewed and supplemented to adopt changes suggested and to incorporate comments received together with the Agency' s response to those comments , and as so revised and supplemented, a Final Environmental Impact Report (the "Final EIR" ) was submitted to the Redevelopment Agency of the County of Contra Costa (the "Agency") as a part of the Report of the Agency accompanying the Redevelopment Plan; and WHEREAS, by resolution adopted on December 14 , 1987 , the East County Regional Planning Commission recommended to the Board and .the Agency the certification of the Final EIR; and WHEREAS, a joint public hearing was held by the Board and Agency on December 29 , 1987 on the Redevelopment Plan and Final EIR relating thereto, following notice duly and regularly given as required by law, and all interested persons expressing a desire to comment thereon or object thereto -1- 87/757 and RA 87-30 ' having been heard, and the Final EIR and all comments and responses thereto having been considered; and WHEREAS , the Final EIR consists of the Draft Environmental Impact Report (dated October 27 , 1987) , the Addendum (dated December 11 , 1987) , which contains the comments received on the Draft and the Agency' s responses to those comments , and any additional comments received at the joint public hearing together with the Board and the Agency responses to those comments set forth in the record of the public hearing, and the Addendum 2 (dated December 14 , 1987) which consists of a letter from Wagstaff & Brady (environmental consultants on this project) to the Agency; NOW, THEREFORE, BE IT RESOLVED that the Board and Agency hereby find and certify that the Final EIR has been completed in compliance with CEQA, the State EIR Guidelines, and the Local Guidelines; that the Final EIR adequately addresses the environmental issues of the Project and the Plan; and that the Board and Agency have reviewed and considered the information contained in the Final EIR prior to approving the Project and the Plan. BE IT FURTHER RESOLVED that the Board and Agency hereby identify the significant effects, adopt the mitigation measures, make the findings, and declare the statement of overriding considerations set forth in detail in the attached Exhibit A which is incorporated in this Resolution by this reference. The statements, findings and determinations set forth in Exhibit A are based on the above certified Final EIR and other information available to the Board and Agency, and are made in compliance with Sections 15091 , 15092 , and 15093 of the State EIR Guidelines. 12/21/87 #B002/B32006 I hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the¢ate shown. cc: Redevelopment Agency ( _ V �� lin County Counsel ATTESTED: �1-t:Q:[dMt4•CA T 1 County Administrator PHIL BATCHELOR, Clerk of tho Board of Supervisors and County Administrator 0O By , Deputy I hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Redevelopme Agency on he date shown. ATTESTED: . PHIL BATCHELOR,Agency Secretary e By 00Deputy -2- 87/757 and RA 87-30 EXHIBIT A WEST PITTSBURG REDEVELOPMENT PLAN: SIGNIFICANT ENVIRONMENTAL IMPACTS, FINDINGS OF FACT, AND STATEMENT OF OVERRIDING CONSIDERATIONS I. General Information and Description of the Project The Project under consideration by the Board of Supervisors of the County of Contra Costa ("Board") and the Contra Costa County Redevelopment Agency ("Agency") is the Redevelopment Plan for the West Pittsburg Redevelopment Project ("Redevelopment Plan") . The Redevelopment Plan has been prepared pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33000 et. seq. ) to enable the County and the Agency to eliminate the physical, economic, and social blighting conditions that currently exist in the West Pittsburg Project Area ("Project Area") so that the Project Area may be developed in conformance with the Contra Costa County General Plan to the benefit of the West Pittsburg community and the County as a whole. An Environmental Impact Report (EIR) for the Redevelopment Plan has been prepared in accordance with the California Environmental Quality Act ("CEQA") , the State CEQA Guidelines , and the Contra Costa County Guidelines for Administering the California Environmental Quality Act ("County Guidelines") adopted by the Agency. The process began in April, 1987 with the preparation of an Initial Study and the mailing of a Notice of Preparation to all interested and affected agencies. On November 5 , 1987 , the Notice of Completion of the Draft Environmental Impact Report was published in the Pittsburg Post Dispatch. The Draft Environmental Impact Report was submitted to the State Clearinghouse for review on November 2 , 1987 (SCH #87042111) . The Agency' s request for a 30-day comment period was granted and the comment period closed on December 10 , 1987. The East County Regional Planning Commission conducted a public hearing on the Draft Environmental Impact Report on November 23 , 1987 in accordance with the requirements of the County Guidelines. Following the completion of the public hearing and the receipt of written comments on the Draft Environmental Impact Report, the Agency prepared an Addendum to the Draft Environmental Impact Report, which sets forth all comments received on the Draft and responses to those comments and serves as the Final Environmental Impact Report for the Redevelopment Plan. -1- Following a public hearing on the Redevelopment Plan on December 14 , 1987 , the East County Regional Planning Commission recommended that the Board and Agency certify the Environmental Impact Report and that the Board adopt the Redevelopment Plan. The Draft Environmental Impact Report was submitted to the Board and Agency on November 10 , 1987 and the Final Environmental Impact Report was submitted to the Board and Agency on December 17 , 1987. The Redevelopment Plan came before the Board and the Agency on December 29 , 1987 . The Board and Agency certified the Final Environmental Impact Report for the Plan, approved the Plan, and adopted the following Findings and Statement of Overriding Considerations . II. The Record The record of the Board and the Agency relating to the Redevelopment Plan includes: A. The Preliminary Redevelopment Plan, approved by the Planning Commission on January 12 , 1987; B. The Redevelopment Plan for the West Pittsburg Redevelopment Project ("Redevelopment Plan") ; C. The Report on the Redevelopment Plan for the West Pittsburg Redevelopment Project ("Report on the Plan") ; D. Documentary and oral evidence received by the East County Regional Planning Commission, the Contra Costa County Redevelopment Agency and the Contra Costa County Board of Supervisors during public hearings on the West Pittsburg Redevelopment Plan and the Redevelopment Plan Environmental Impact Report; E. The Final Environmental Impact Report ("FEIR") prepared for the Redevelopment Plan, which includes: 1) the Draft Environmental Impact Report ("DEIR") , dated October 27, 1987; 2) an Addendum, dated December 11 , 1987 , containing the comments received on the DEIR and the Agency' s responses to those comments; and 3) Addendum 2 , dated December 14 , 1987 , in the form of a letter from Wagstaff and Brady to the Redevelopment Agency. F. Matters of common knowledge to the Board and Agency which they consider, such as: 1 . The Contra Costa County General Plan (including the West Pittsburg Area General Plan Amendment, the Tener General Plan Amendment, and the Snow General Plan Amendment) -2- 2 . The Contra Costa County Zoning Ordinance 3 . Other formally adopted policies and ordinances of Contra Costa County. III . Significant Adverse Impacts The Final Environmental Impact Report (FEIR) for the West Pittsburg Redevelopment Plan, certified by the Board and Agency, identified 14 potentially significant adverse impacts attributed in part to the Redevelopment Plan. These potentially significant adverse impacts , as well as proposed mitigation measures, are discussed in detail in Section IV of the DEIR, and summarized in Section II of the DEIR. Sections II and IV of the DEIR also provide an analysis of whether the proposed mitigation measures will avoid or substantially lessen each of the significant adverse impacts identified in the FEIR. Each potentially significant adverse impact identified in the FEIR, the proposed mitigation measures for that impact, and the Board' s and Agency' s findings with regard to that impact are discussed in Section IV below. IV. Findings Notwithstanding the identification of the significant adverse impacts of the Plan, the Board and Agency have approved the Plan, as authorized by Public Resources Code Section 21081 and California Administrative Code Sections 15091 , 15092 , and 15093 . As required by the aforementioned references, the Board and Agency make the following findings for which there is substantial evidence in the record. A. Land Use Impacts (1) (a) Significant Adverse Impact. Project- induced expansion of industrial development in the West Pittsburg Project Area can be expected to result in corresponding increases in nuisance and hazard factors typically associated with industrial activities, which can result in significant adverse impacts on nearby residential areas and other sensitive land uses. (b) Mitigation. (i) Buffer new industrial development from adjacent residential areas outside the Project Area boundary through reservation of adequate acreage to separate industrial and residential land uses, and utilize the reserved acreage primarily as parkways to enhance surrounding developments; (ii) incorporate an open space component into the Redevelopment Plan to provide mini-parks and tot -3- lots within residential areas; (iii) consult with City of Pittsburg regarding elimination of inconsistencies between the City' s general plan and the County' s general plan/redevelopment plan land use designations . (c) Finding. The Board and Agency adopt the above mitigation measures; however, based on the information and analysis contained in Part IV.A of the EIR, the Board and Agency find that the significant environmental effect identified in A(1) (a) above cannot be avoided or substantially lessened at this time; this impact will therefore be discussed in Sections VI (Alternatives) and VII (Statement of Overriding Considerations) of this document. B. Circulation Impacts (1) (a) Significant Adverse Impact. Project- accelerated buildout in combination with cumulative development in the West Pittsburg area will result in corresponding increases in local traffic volumes which can be expected to exceed the capacity of most local arterials in 15 to 25 years , even with completion of the various proposed widenings and interchange improvements that are proposed redevelopment activities. Levels of service would be reduced to F on many of these roadways over the projected 25-year period between now and buildout. Project-assisted local growth would have the most impact on Port Chicago Highway (13 percent of total future traffic volumes) and Bailey Road (7 to 12 percent of future traffic) . Project- related contributions to future traffic levels on Willow Pass Road and State Route 4 would be less (2 to 4 percent on Willow Pass; 3 to 4 percent on State Route 4) . These estimates do not assume closure of portions of Port Chicago Highway at the Naval Weapons Station as recently proposed by the U.S. Navy. Additional impacts caused by closure of this roadway would depend on the precise plan for closure and the locations of proposed access to the Naval Weapons Station. Future operational conditions at each of the principal intersections in the Project Area with 'the addition of cumulative traffic and buildout of the Project Area without the closure of Port Chicago Highway are as follows: - Planned relocation of the westbound on-ramp at the Willow Pass Road/State Route 4 -4- intersection should eliminate most operational problems; however, traffic signals may be needed at the ramps. - Construction of an additional left-turn lane will be needed by the year 2005 on Bailey Road at Willow Pass Road; additional measures may be needed towards Project Area buildout. Traffic signals may be needed at the Canal Road/Bailey intersection to reduce potential conflicts with the Bailey Road/State Route 4 interchange. The Willow Pass/Range Road/North Parkside Drive intersection will need significant improvements to accommodate projected future traffic levels , with or without Project-related traffic. Local streets which serve as alternative routes to congested primary and secondary routes can be expected to experience increased traffic volumes . Planned transit system improvements , including BART plans to extend service to the Pittsburg/Antioch area, plus anticipated transportation systems management (TSM) and high occupancy vehicle lanes (HOV) , may reduce future local peak period traffic levels by 20 percent, and ADT levels by 15 percent. By accelerating the rate of development, redevelopment activities may increase the expected time lag between the need for transportation improvements and the availability of funds to finance such improvements. (b) Mitigations. 1 . Establish plan lines to accommodate and facilitate the following improvements to area road links and intersections : (i) widening of the portion of Port Chicago Highway within the West Pittsburg area to 6 lanes , with median left-turn lanes between Pacifica Avenue and Willow Pass Road; (ii) widening of Willow Road to 5 lanes between State Route 4 and Port Chicago Highway; (iii) widening of Bailey Road to 6 lanes , with left-turn lanes -5- in the median, between Willow Pass Road and State Route 4 ; (iv) construction of double left-turn lanes at a number of intersections, as listed in the EIR; (v) utilize techniques in Agency street improvement program that will encourage through traffic to stay on major arterials and off neighborhood streets (i.e. design arterials with appropriate width, medians , access limitations and traffic signal spacing and coordination) , and utilize neighborhood traffic diverters if other options are not effective; (vi) advocate widening of State Route 4 to 8 lanes (this mitigation is a regional improvement need and funds should be provided by Caltrans , and/or through a system of regional allocation) . If this measure proves to be infeasible, cumulative impacts to State Route 4 are considered unmitigable; (vii) to reduce overall construction costs and provide adequate capacity, consider partial cloverleaf interchanges as near-term improvements at the Willow Pass/State Route 4 and-Bailey/State Route 4 interchanges; (viii) extension of Range Road to provide a continuous link between Willow Pass and State Route 4 , and advocate construction of a Range Road/State Route 4 interchange; (ix) widening of Willow Pass Road east of the Project Area to 4 lanes with separate left turn lanes. 2 . Coordinate the timing of future development projects with the adequacy of transportation improvements , including consideration of future transportation system improvement needs in administering future redevelopment assistance activities. Coordinate redevelopment programs with County and Caltrans transportation planning to ensure that adequate transportation impact mitigation measures are implemented as needs develop. 3 . Establish plan lines to accommodate and facilitate fixed-route transit service improvements , including future transit stations and BART or light rail transit extensions . 4 . Establish regional and local TSM measures and transit service improvements to reduce future traffic volumes . Require TSM measures and improvements for all Project-assisted -6- industrial, commercial, and residential development. 5 . With respect to the proposal by the U.S. Navy to close portions of Port Chicago Highway, require mitigation by the Navy of adverse effects on the West Pittsburg area circulation system, including fair-share contributions towards the cost of improvements to the local network of arterials and streets , and local transit systems. (c) Finding. The Board and the Agency adopt the above mitigation measures. Based on the information and analysis contained in Part IV.C. and Addendum 2 of the FEIR, the Board and the Agency find that the significant environmental effects identified in BMW above will be avoided or substantially lessened by adoption of these mitigation measures, with the exception of cumulative traffic impacts discussed in Section G below. The Board and the Agency additionally find that certain of the mitigation measures listed above are within the responsibility and jurisdiction of the State of California, and can and should be adopted by the State of California. Traffic impacts are also discussed in Sections VI and VII below. C. Municipal Service Impacts (1) (a) Significant Adverse Impact. (Law Enforcement) Project-induced buildout of the area will increase demands for law enforcement services , but not out of proportion to the amount and type of development proposed. (b) Mitigation. Coordinate Agency' s Project Area activities with the Sheriff' s Department to ensure that the Department is kept apprised of actions which might affect ongoing law enforcement operations in the Project Area. (c) Finding. The Board and Agency hereby adopt the above mitigation measure and based upon the information and analysis in Section IV. D of the FEIR, the Board and Agency find that the adopted mitigation measure will avoid or substantially lessen the significant environmental effect described in C (1) (a) above. (2) (a) Significant Adverse Impact. (Fire -7- Protection) Project-induced buildout of the Project area will substantially increase demands for fire services, will require extension of water mains and installation of fire hydrants in some subareas, could require the addition of special equipment, and could ultimately require a new fire station. (b) Mitigations. Coordinate Agency-assisted infrastructure improvements with the installation of additional water main extensions and fire hydrants as necessary to meet fire protection requirements, with new development "paying its own way" with respect to these improvements . Coordinate Agency activities with the Riverview Fire Protection District and, if a new station in the area becomes necessary, assist the District in identifying and acquiring an adequate site for this facility. (In order to aid in the mitigation of the implementation of the Plan, the Agency has executed an agreement with the Riverview Fire Protection District whereby the Agency shall pass through 100% of the District' s share of tax increment from the Project Area each year the Plan is in effect. ) (c) Finding. The Board and Agency hereby adopt the above mitigation measures and based upon the information and analysis in Section IV. D of the FEIR, the Board and Agency find that the adopted mitigation measures will avoid or substantially lessen the significant environmental effect described in CM (a) above. (3) (a) Significant Adverse Impact. (Sewer and Water Service) Project-induced buildout of the area would not appear to present significant sewage treatment capacity problems, but would require extension and/or upgrading of some sewer mains in the Project Area. Similarly, Project-induced new development would require extension and/or upgrading of various water lines in the area. Project-assisted development will be required to "pay its own way" to mitigate these sewer and water service impacts. (b) Mitigations. Coordinate Agency planning and assistance activities, including Agency- assisted residential construction, with the Delta Diablo Sanitary District and California Cities Water Company to identify when and where improvements will be needed and to ensure that sewer and water improvement construction scheduling is coordinated with Project-assisted -8- road construction activities. Incorporate water conservation devices in Agency-assisted residential, industrial, and commercial construction and landscaping. (c) Finding. The Board and Agency hereby adopt the above mitigation measures and based upon the information and analysis in Section IV. D of the FEIR, the Board and Agency find that the adopted mitigation measures will avoid or substantially lessen the significant environmental effect described in CM (a) above. (4) (a) Significant Adverse Impact. (School Impacts) Project-induced residential growth could require some expansion of school facilities over the long term. (b) Mitigations. (i) Coordinate Agency housing assistance activities with the Mt. Diablo Unified School District and the Pittsburg Unified School District planning activities . (ii) Assess SB 2926 school impact fees on all new construction in the Project Area. (c) Finding. The Board and Agency hereby adopt the mitigation measure set forth in 4 (b) (i) above and, based upon the information and analysis in Section IV. D of the FEIR, the Board and Agency find that the adopted mitigation measure will avoid or substantially lessen the significant environmental effect described in C (4) (a) above. The Board and the Agency additionally find that the mitigation measure set forth in 4 (b) (ii) above is within the responsibility and jurisdiction of the affected school districts and that such mitigation measure can and should be adopted by the school districts . D. Drainage Impacts (1) (a) Significant Adverse Impact. Project- induced intensification of development and related substantial additions of impervious surface area will increase the volume and rate of stormwater runoff in the Project Area. Project-assisted drainage improvements, as delineated in the Contra Costa County Flood Control and Water Conservation District (CCCFCWCD) Drainage Area 48A Drainage Plan, will provide the trunk lines needed to provide adequate flood protection. -9- (b) Mitigation. Coordinate redevelopment planning with the CCCFCWCD. The storm drainage plan developed for the Project Area by the CCCFCWCD will be considered as a basis for this coordination. To ensure that the proposed trunk lines serve their purpose, the storm drainage plan will incorporate a system of collector storm drains. (c) Finding. The Board and Agency hereby adopt the above mitigation measure and, based upon the information and analysis in Section IV. E of the FEIR, the Board and Agency find that the adopted mitigation measure will avoid or substantially lessen the significant environmental effect described in D(1) (a) above. E. Noise Impacts (1) (a) Significant Adverse Impact. Some existing and future land uses in the Project Area could be exposed to noise levels in excess of those recommended in the county Noise Element, including residential developments along State Route 4 and Willow Pass , and commercial/industrial development adjacent to the railroad tracks. The impacts of construction noise on existing and future land uses would depend on the types of equipment used and the distances from existing residential developments. (b) Mitigations. Include in the County' s General Plan update process appropriate noise mitigation provisions to protect existing noise sensitive uses from future noise-generating transportation system improvements and industrial development. Noise mitigation provisions will include extended building setbacks, installation of earth berms, residential insulation, construction of soundwalls, and traffic diverters on residential streets. Include noise-related performance standards as part of Agency assistance agreements for industrial activities adjacent to residential areas to minimize potential for noise conflicts. Control hours of construction activity of Agency-assisted developments and ensure adequate muffling and maintenance of construction equipment. (c) Finding. The Board and the Agency hereby adopt the above mitigation measures and, based upon the information and analysis in Section . IV_E of the FEIR, the Board and Agency find that the -10- adopted mitigation measures will avoid or substantially lessen the significant environmental effect described in E (1) (a) above, except as discussed in Section G below with regard to cumulative noise impacts. F. Air Quality Impacts . (1) (a) Significant Adverse Impacts . (i) Project-induced buildout of the area can be expected to contribute slightly to cumulative regional air pollution emissions levels. Projected cumulative regional emissions levels are expected to exceed Bay Area Air Quality Management District "best available technology" thresholds by the year 2010 . No significant local air quality impacts are expected to occur due to Project-related increases in vehicular traffic in and around West Pittsburg; (ii) industrial point sources may generate air contaminants; (iii) construction activities will generate air pollutants intermittently in the vicinity of the Project Area. Such emissions would be temporarily noticeable at adjacent land uses. (b) Mitigation. (i) Although the traffic mitigation measures recommended under Circulation would be expected to reduce vehicular air pollutant emissions, Project-related contributions to cumulative regional air quality impacts are an adverse impact which cannot be fully mitigated; (ii) the Agency will incorporate particulate control requirements into its agreements with individual developers and contractors to reduce potential construction phase pollutant emissions; (iii) the Agency will permit construction of stationary emissions sources only if "Authority to Construct" permit is obtained from the Bay Area Air Quality Management District. (c) Finding. The Board and the Agency hereby adopt the mitigation measures set forth in F(1) (b) above. Based on the information and analysis in Section IV.F of the FEIR, the Board and the Agency find that the adoption of the mitigation measures will avoid or substantially lessen the environmental effect described in F (1) (a) (iii) above. However, based on the information and analysis contained in Section IV.F of the FEIR, the Board and the Agency find that the significant environmental effects described in F (1) (a) (i) and (ii) above -11- cannot be avoided or substantially lessened. Therefore , these significant effects will be discussed in Sections VI (Alternatives) and VII (Statement of Overriding Consideration) below. G. Cumulative Impacts . (I) (a) Significant Adverse Impact. In addition to the proposed Redevelopment Plan, a number of other current and anticipated projects in the Project Area vicinity will also contribute to local environmental change. These other projects include: (i) the County-approved residential developments west and south of the Project Area; (ii) the proposed development of the Southwest Hills area (with possible annexation to the City of Pittsburg; and (iii) the proposed extension of BART rail service. The FEIR states that the cumulative effects of these other projects , in combination with the proposed West Pittsburg Area Redevelopment Plan, are considerable (i.e. , resultant market pressures on Project Area vacant and underutilized lands, effects on area traffic volumes, cumulative runoff increases , air quality, and the noise implications of cumulative traffic volume changes) . (b) Mitigation. A number of mitigation measures have been proposed in the FEIR and adopted by the Agency and Board to reduce significant adverse impacts of the Redevelopment Project, as set forth above. No additional mitigation measures to reduce cumulative impact are proposed in the FEIR. (c) Finding. Based on the information and analysis found in the FEIR, the Board and the Agency find that the significant adverse impact described in G(1) (a) above cannot be avoided or substantially lessened at this time; this impact will therefore be discussed in Sections VI (Alternatives) and VII (Statement of Overriding Considerations) of this document. V. Summary of Unavoidable Significant Adverse Effects The following significant adverse effects of the Redevelopment Plan are identified in the FEIR and these Findings are unanimous A. Project-induced increases in the rate of industrial development are expected to result in unavoidable -12- contributions to cumulative air quality degradation in the region, as well as such localized impacts as increased noise levels, odor, soil contamination by toxics , and hazardous material handling and storage risks; B. Approximately 16 , 000 vehicular trips per day will be added to the regional circulation system resulting in substantial traffic, air quality and noise impacts; C. Project-induced industrial development will result in an increased rate of escalation in local land values, which in turn are expected to result in the eventual displacement of "lower end" industrial activities (auto wrecking, open storage , etc) ; D. Project-induced commercial and residential development are expected to eventually increase local property values; and E. Project-induced construction is expected to create temporary increases in air pollution emissions and noise from construction equipment and processes. F. The following growth-inducing impacts are expected to occur: an increase of 723 occupied dwelling units; an increase of approximately 1 , 694 in the Project Area population; an increase of 210 acres in industrial land use acreage (non-wetland) ; an increase in Project Area jobs from 798 in 1987 to 2809 at buildout; an increase in development on vacant lands west and south of the Project Area, and an increase in employment totals in the East County region. G. The following long term impacts may result from adoption of the Redevelopment Project: loss of agricultural potential on lands west and south of the Project Area, with possible eventual displacement of ranching activities by residential and light industrial uses; increases in air pollution; and increases in demands for water and nonrenewable energy sources for operation of added urban uses. H. The Project is expected to contribute to cumulative impacts of market pressures on vacant and under- utilized land in the area, cumulative runoff increases, and noise impacts associated with cumulative increases in traffic volume. These significant adverse impacts may occur despite the adoption by the Board and Agency of all mitigation measures related to these impacts that were identified in the FEIR. No mitigation measures identified in the FEIR have been -13- rejected by the Agency and the Board as being infeasible due to specific economic, social , or other considerations . VI. Findings on the Feasibility of Alternatives to the Proposed Redevelopment Plan The FEIR discusses four alternatives to the Redevelopment Project, the adoption of which would, in some cases, avoid the significant environmental effects listed in Section V above . Each alternative is discussed in this section, and findings are made regarding their feasibility. A. No Project Alternative Under the "No Project" alternative, the proposed West Pittsburg Redevelopment Project would be rejected and the level of public assistance to the Project Area would continue along present trends . Denial of the proposed Redevelopment Plan would result in the preservation of the Project Area in its present state , at least until such time as one or more other development or redevelopment actions might be proposed for various portions of the Project Area in the future . On the one hand, none of the adverse Project-related increases in traffic flows , demands for expanded public services and utility infrastructures, etc. , would materialize in the immediate future. However, in light of county planning policies to concentrate urban growth within the Project Area in future years , it is likely that many of these impacts would still eventually occur in the Project Area, regardless of whether or not the proposed Redevelopment Plan is adopted. Without the Plan, some development would still occur. However, development would follow a more haphazard pattern and could create more adverse impacts than with the Plan. The "No Project" alternative would not provide the significant benefits of the Redevelopment Plan; i.e. , mechanisms to finance many public improvements needed to enhance the safety and welfare of West Pittsburg residents; elimination of nonconforming and incompatible land uses; revitalization of commercial and industrial areas of the community; facilitation of new investment and expansion; improvement of housing conditions and opportunities for low- and moderate-income residents; improvement of the aesthetic appearance of West Pittsburg; and elimination of blighting influences which have constrained proper development of the area to date. Consequently, the "No Project" alternative would be expected to maintain the status quo situation, and -14- preserve the site for future development options. Because of the blighting conditions in the Project Area, further decline could be expected to occur. At some point, if ameliorative actions continue to be delayed, the costs of blight elimination could become exorbitantly high, in which case the Project Area could become a permanent liability to Contra Costa County. The Board or Agency conclude that adoption of the "No Project" alternative would not meet community development goals for the West Pittsburg area and therefore find this alternative to be infeasible pursuant to California Administrative Code Section 15091 (c) (3) . B. Alternative Uses Under the proposed Redevelopment Plan, future land uses in the Project Area would be determined by the County General Plan. The land use descriptions expressed in the County' s General Plan allow for a diversity of land use intensities and/or housing densities on specific sites within the Project Area, providing adequate flexibility for meeting the demands of new growth in the West Pittsburg vicinity in an orderly fashion. Except for projects awarded density bonuses , land uses inconsistent with the Area General Plan would not be permitted in the Project Area without appropriate General Plan amendments , and could not be adequately served by existing and planned urban service and utility infrastructures designed on the basis of the currently planned land uses. Therefore, it is unlikely that such alternative land uses would be physically, economically, or politically feasible in the foreseeable future. The Board and the Agency conclude that adoption of the "Alternative Uses" alternative would require amendment of the County General Plan and would contradict established goals for development in the Project Area and therefore find this alternative to be infeasible pursuant to California Administrative Code Section 15091 (c) (3) . C. Alternative Timing of Redevelopment Actions The timing of various actions to implement the Redevelopment Plan would depend on a myriad of unknown factors , including: availability of public and/or private sector capital; financing methods or sources employed (impact fees, various types of bonds , special purpose assessment districts, intergovernmental grants or loans , developer participation, etc. ) ; perceived demands for various private development types and public improvement needs; and, population growth rates , etc. For these reasons , and to ensure flexibility to respond to changing circumstances over time, the proposed -15- Redevelopment Plan does not set forth a specific timetable or schedule for implementing its proposed actions, but rather, provides for maximum flexibility in the timing of implementation actions. Obviously, certain drainage, roadway, public facility, and utility improvements should precede or be provided in conjunction with the new development generating the demands for such improvements to avoid adverse impacts relating to the exceeding of system capacities. The ongoing review and reevaluation procedures of the Redevelopment Agency and Contra Costa County ensure that such adverse effects would be avoided to the maximum extent feasible, and would not exceed the general level of impacts defined- in this EIR. The Board and the Agency therefore conclude that adoption of the "Alternative Timing" alternative would decrease Agency flexibility and find this alternative- to be infeasible pursuant to California Administration Code Section 15091 (c) (3) . D. Alternative Sites Alternatives in this category could involve a smaller, larger, or reconfigured Project Area. (1) Smaller Project Area. Blighting influences affect all portions of the proposed West Pittsburg Redevelopment Project Area, and failure to treat conditions in one subarea of the Project Area (by excluding it from redevelopment actions) would jeopardize and undermine the effectiveness of redevelopment efforts in the remainder of the Project Area. Also, the effectiveness of a comprehensive redevelopment program would be reduced by having to delete certain needed activities, or portions of activities , to compensate for reduced revenues accruable to the Redevelopment Agency from a smaller Project Area. The environmental effects attendant to a smaller project area would be similar to those of the current proposal (albeit within a smaller geographic area) . However, it is unlikely that similar levels of mitigation could be provided under this option because of the reduced revenues available for such purposes. (2) Larger Project Area. The Redevelopment Agency has determined that blighted conditions within the current Project Area boundaries meet the prerequisite blight criteria of the state redevelopment law for establishment of a redevelopment Project Area. The Board of Supervisors and the Planning Commission have carefully delineated the boundaries of the Project Area to include only -16- blighted and predominantly urbanized areas, in order to comply with state law and to minimize the fiscal and other impacts of the proposed Redevelopment Plan. Given the nature of land use patterns in the West Pittsburg vicinity, a larger area would include either: (a) undeveloped lands that are not predominantly urbanized or blighted; or, (b) 'lands containing relatively new development that would not meet the aforementioned blight definitions . As such, a larger area would not conform to state law, or to the Board of Supervisors' policy of minimizing fiscal and other impacts of its redevelopment proposals . For these reasons, a larger Project Area in the West Pittsburg vicinity is not considered to be a viable alternative. (3) Reconfigured Project Area. Minor shifts of the Project Area boundaries would be possible; however, given that the Project (the Redevelopment Plan) is general in nature, significant differences in impacts would not be anticipated with minor differences in Project Area boundaries. The Board and the Agency conclude that the "Alternative Site" alternative would not meet the County' s community development goals or the requirements of the Community Redevelopment Law and therefore find this alternative to be infeasible pursuant to California Administrative Code Section 15091 (c) (3) . VII . Statement of Overriding Considerations Notwithstanding the disclosure of the unavoidable adverse effects of the Redevelopment Plan which are summarized in Section V above, the Board and Agency have determined, pursuant to California Administrative Code Section 15093 , that the benefits of the proposed Plan outweigh these unavoidable adverse environmental effects , and the Plan should be approved. The Board and Commission approve the Redevelopment Plan for the following reasons based upon the record: A..V The Redevelopment Plan will provide a mechanism to provide infrastructure improvements to the Project Area, including, but not limited to, street and intersection improvements , freeway interchange improvements, frontage improvements, drainage improvements , grade crossings , undergrounding of utilities , and lighting. - B. The Redevelopment Plan will provide a mechanism to strengthen the existing West Pittsburg residential areas by assisting in rehabilitation of the housing stock, -17- promoting new infill housing construction, providing neighborhood open space , improving drainage facilities, and constructing street and frontage improvements. C. Implementation of the Redevelopment Plan will improve and upgrade deteriorated housing stock in the Project Area and will assist in the construction of new affordable housing, thereby improving and expanding the supply of housing affordable to low and moderate income families. D. The Redevelopment Plan will enable the Agency to facilitate the redevelopment of parcels designated for commercial and industrial development in the General, Plan, in order to revitalize the stagnant economy of the Project Area. E. The Redevelopment Plan enables the County and the Agency to eliminate the blighting influences present in the Project Area so that the Area may be of physical, social and economic benefit to the West Pittsburg community and to the County as a whole. 12/16/87 EXA/WP/B32007 -18- ORDINANCE NO. 87-102 AN ORDINANCE OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY STATE OF CALIFORNIA, ADOPTING A REDEVELOPMENT PLAN FOR THE WEST PITTSBURG REDEVELOPMENT PROJECT PURSUANT TO THE COMMUNITY REDEVELOPMENT LAW OF THE STATE OF CALIFORNIA Section I. Preliminary Statement The Contra Costa County Redevelopment Agency (herein referred to as "Agency") has made studies of the location, physical condition of structures, environmental influences, land use, and social, economic and cultural conditions of that certain area known as the West Pittsburg Redevelopment Project Area, more particularly described on the attached Exhibit A and hereinafter referred to as the "Project Area" , and has determined that the Project Area is a blighted area and is detrimental to the safety, health, and welfare of the users thereof and of the County of Contra Costa at large because of: a. Economic dislocation, deterioration or disuse resulting from blighting physical, social, and economic conditions. b. The ineffective, uneconomic and unproductive use of land due to the existence of lots of inappropriate size, configuration or placement and inappropriate access to vehicular traffic, and utilities necessary to allow private development. c . The continuing problem of poor traffic and circulation patterns. d. The existence of inadequate infrastructure, public improvements , public facilities, neighborhood open spaces and utilities which cannot be remedied by private or governmental action without redevelopment. e. The existence of residential and commercial structures characterized by age, obsolescence, deterioration, dilapidation, vacancy of buildings and mixed and shifting uses. f. The existence of excessive vacant land on which structures were previously located, abandoned and vacant buildings, substandard structures, vacancies, and delinquencies in payment of real property taxes. g. The existence of inadequate drainage facilities resulting in localized flooding. h. The existence of abandoned and/or deteriorated buildings due to lack of maintenance and upkeep. The Agency has prepared and submitted to the Board of Supervisors for review and adoption the Redevelopment Plan (the "Plan" ) for the Project Area Redevelopment Project (the "Project") . The Plan consists of thirty-two (32) pages, two (2) maps, and one (1) exhibit and is incorporated in this - Ordinance by this reference. A copy of the Plan is on file with the Clerk of the Board. The East County Regional Planning Commission, which is the duly designated and acting official planning body of Contra Costa County, has submitted to the Board of Supervisors its report and recommendation dated December 14 , 1987 recommending -1- '1-` approval and adoption of the Plan and has certified that the Plan conforms to the General Plan for the County. The Board of Supervisors accepted the recommendations and certification of the Planning Commission. The Plan for the Project Area prescribes certain land uses for the Area and may require, among other things , changes in zoning, 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 on the Plan pursuant to Health and Safety Code Section 33352 . 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. 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, marital status, national origin, or ancestry. The Agency has prepared and submitted to the Board of Supervisors for review and certification an Environmental Impact Report ("EIR" ) prepared pursuant to the California Environmental Quality Act of 1970 as amended ("CEQA") , the Official State Guidelines as amended for the implementation of the Act (the "State EIR Guidelines") , and the Contra Costa County Guidelines for Administering CEQA (the "County Guidelines") . A copy of the EIR is on file with the Clerk of the Board. By concurrent resolution adopted prior to the adoption of this Ordinance, the Board of Supervisors and Agency have certified that the EIR has been completed in compliance with CEQA, the State EIR Guidelines, and the County Guidelines; that the EIR adequately addresses the environmental issues of the Project and the Plan; and that the Board of Supervisors and the Agency have reviewed and considered the information contained in the EIR prior to approving the Project and the Plan. The concurrent resolution also identifies the significant effects of the Project and the Plan, adopts mitigation measures, and makes certain findings and statements in compliance with Sections 15091 , 15092, and 15093 of the State EIR Guidelines. Prior to adoption of the Plan, the Board of Supervisors and the Agency have conducted a joint public hearing which was duly noticed in accordance with the requirements of the California Community Redevelopment Law, California Health and Safety Code Section 33000 et.seq. (hereinafter referred to as the "Redevelopment Law") . Section II . Findings & Determinations Based upon the evidence contained in the Report on the Plan, the EIR, 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 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, Redevelopment Law; and the Project Area constitutes a -2- 87-102 ti designated blighted area within the meaning of Section 144 (c) (4) of the Internal Revenue Code of 1986. b. The Plan conforms to the General Plan of Contra Costa County. C. 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 Contra Costa County, and would effectuate the purposes and policy of the Redevelopment Law. d. The adoption and implementation of the Plan is economically sound and feasible. e. The Plan will afford maximum opportunity, consistent with the sound needs of Contra Costa County, as a whole , for the redevelopment of the Project Area by private enterprise. f. The Plan and the program for the proper relocation of individuals and families , if any, displaced in carrying out the Plan in decent, safe , and sanitary dwellings in conformity with acceptable standards (as set forth in Part IV of the Report on the Plan) are feasible and can be reasonably and timely effected to permit the proper prosecution and completion of the Plan; and such dwellings or dwelling units available or to be made available to such displaced individuals and families are at least equal in number to the number of displaced individuals and families, are not generally less desirable in regard to public utilities and public and commercial facilities than the dwellings of the displaced individuals and families in the Project Area, are available at rents or prices within the financial means of the displaced individuals and families , and are reasonably accessible to their places of employment. g. 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 housing facilities at rents comparable to those in the community at the time of their displacement. h. The Project Area contains property suitable for low and moderate-income housing. i. The Project Area includes approximately 1550.. acres, and there are no noncontiguous areas contained in the Project Area. j . The inclusion of any lands , buildings, or improvements which are not detrimental to the public health, safety, or welfare are necessary for the effective redevelopment of the Project Area of which they are a part and are not included for the purpose of obtaining the allocation of tax increment revenues from such area pursuant to Section 33670 without other substantial justification for their inclusion. k. 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, among other things, to changes or modifications in zoning, the vacation and removal of streets, alleys, and other public ways, 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 -3- 87-102 accordingly, this Board 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 take 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. 1. 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. m. The condemnation of real property is necessary to the execution of the Plan and adequate provisions have been made for payment for property to be acquired as provided by law. n. The Agency has agreed to enter into a fiscal agreement with the Riverview Fire Protection District pursuant to Health and Safety Code Section 33401 (b) (the "Fiscal Agreement") . The effect of tax increment financing, as mitigated by the Fiscal Agreement, will not cause significant financial burden on or detriment to any taxing agency deriving revenues from the tax increment Project Area. o. 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, based on these findings, the Agency is authorized to pay all or a part of the value of the land for and the cost of the installation and construction of the public improvements set forth in the Plan, as permitted by Health and Safety Code Section 33445, and as limited by the implementation guidelines for the use of redevelopment funds set forth in the Plan. p. The Designation Percentage (as hereinafter defined) of the Project Area, when added to the Designation Percentage of all other County redevelopment project areas, does not exceed twenty percent. For purposes of this subsection, Designation Percentage means the percentage (as of the date of this Ordinance) which the assessed value of real property located in the Project Area is of the total assessed value of all real property located within the unincorporated portion of Contra Costa County. Section III . Overruling of Objections All written and oral objections to the Plan are hereby overruled. Section IV. Approval of 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 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 that the Plan be implemented in the Project Area. -4- 87-102 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. Effective v&ce This Ordinance shall take effect thirty (30) days from the date of its passage and adoption. Before the expiration of fifteen (15) days after its passage and adoption, this Ordinance shall be published once in the Pittsburg Post Dispatch, a newspaper of general circulation published and printed in Contra Costa County. Passed on December 29, 1987 by the following vote: AYES: Supervisors Powers, Fanden and Torlakson NOES: None ABSENT: Supervisors Schroder and McPeak ABSTAIN: None ATTESTED: PHIL BATCHELOR, CLERK 1'4s OF THE BOARD OF SUPERVISORS AND BOARD CHAIR COUNTY ADMINISTRATOR (seal) BCLo Y Deputy 12/16/87 ORD/B32007 87-102