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HomeMy WebLinkAboutMINUTES - 12061994 - 1.34 - Contra if r Costa TO: BOARD OF SUPERVISORS - Cou rA c.u��J FROM: Harvey E. Bragdon Director of Community Development DATE: December 6, 1994 SUBJECT: Adoption of Ordinances Amending Time Limits for Contra Costa County Redevelopment Plans SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS ADOPT ordinances: (1) amending the Pleasant Hill BART Station Redevelopment Plan and amending Ordinance No. 84-30, adopted on July 10, 1984, and Ordinance No. 88-58, adopted on July 19, 1988; (2) amending the Redevelopment Plan for the N. Richmond Redevelopment Project Area and amending Ordinance No. 87-50 adopted on July 14, 1987; (3) amending the. Redevelopment Plan for the Bay Point Redevelopment Project Area, and amending Ordinance No. 87-102, adopted on December 29, 1987; (4) amending the Redevelopment Plan for the Oakley Redevelopment Project Area, and amending Ordinance No. 89-89, adopted on December 21, 1989; and (5) amending the Redevelopment Plan for the Rodeo Redevelopment Project Area, and amending Ordinance No. 90-50, adopted on July 10, 1990; and i i DIRECT staff'to publish the above Ordinances within 15 days in the Contra Costa Times, a newspaper of general circulation in the County of Contra Costa. FISCAL IMPACT 1 None. No General Fund revenues are involved. The recommended actions will permit the Redevelopment Agency to continue to comply with California Redevelopment Law and receive Redevelopment Tax Increments. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR ItCOMMEND TION OF BOARD`? COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON December 6 , 1994 APPROVED AS RECOMMENDED x OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A x UNANIMOUS (ABSENT 2 , 4 ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Source: Jim Kennedy 646-42081 cc: County Administrator ATTESTED December 6 , 1994 County Counsel PHIL BATCHELOR, CLERK OF Community Development THE BOARD OF SUPERVISORS via Redevelopment Agency AND C N ADM I TRATOR Goldfarb & Lipman BY ?1 , DEPUTY JK:Ih sra16/ab1290-2.bos BACKGROUND/REASONS FOR RECOMMENDATIONS A major redevelopment reform bill, AB 1290, was enacted in 1993 by the State Legislature. Among other changes to redevelopment law, AB 1290 enacted Health & Safety Code Section 33333.6, which imposes certain time limits on all existing Redevelopment Plans in the State of California. As more fully discussed in administrative reports on file with the Clerk of the Board for each of the Redevelopment Plans of the County, some of the deadlines which are currently contained in the respective Redevelopment Plans are not in compliance with the provisions of AB 1,290. Therefore, the Board must amend the respective plans to comply with those statutory deadlines. A summary of the AB 1290 time limit provisions is included as Exhibit A. l I I I f EXHIBIT A Summary of AB 1290 Provisions Pertinent to Contra Costa County Redevelopment Programs- Prepared by Contra Costa County Redevelopment Agency I. Time Limits 1. For Establishment of Debt"-Later of A. January 1,2004, or B. Twenty years from adoption of redevelopment plan. AB 1290 Current Limits Plan Limits PH BART 2004 2009 PH BART Amendment Area 2008 2009 North Richmond 2007 2026 Bay Point 2008 2026 Oakley 2009 2028 Rodeo 2010 2029 2. For Undertaking Plan Activities#-Later of A. January 1,2009, or B. Forty years from adoption of redevelopment plan. AB 1290 Current Limits Plan Limits PH BART 2024 2024 PH BART Amendment Area 2028 2024 North Richmond 2027 2027 Bay Point 2028 2027 Oakley 2029 2029 Rodeo 2030 2030 3. Repayment of Debt"-Later of A. January 1,2019, or 1 B. Fifty years from adoption of the redevelopment plan. AB 1290 Current Limits Plan Limits" PH BART 2034 2024 PH BART Amendment Area 2038 2024 North Richmond 2037 2027 Bay Point 2038 2027 Oakley 2039 2029 Rodeo 2040 2040 ' Does not apply to debt that will be paid from Low and Moderate Income Housing Fund,or to pay debt to satisfy replacement and inclusionary housing obligations. # No authority after limit except to pay previously incurred debt,or enforce covenantsicontracts. " No increment can be received after these dates. Current plans comply with AB 1290 limits;no change is contemplated at this time. { FAX MEMORANDUM CLERK OF THE BOARD OF SUPERVISORS CONTRA COSTA COUN'T'Y = 651 Pine Street, Room 106 Martinez, California 94553 > Phone (415) 646-2371; FAX 646-1059 DATE: ;20: � t L Cwt cw-S FROM: 4juj TOTAL PAGES INCLUDING THIS COVER ,I) t ,Comments: �� CL qA9 PLEASE ADVISE IF FOR ANY REASON YOU DO NOT RECEIVE THIS ITEM COMPLETE 1 t I o N 1 1 l �m CO > c= o c to _ 0 -U = - p y £3l {7 m O a F es, c n z c m W Ln 70 z -,=3 CD . i- m o m flJt i1��7 n� c I a Z -C C D eB C o i� nl n CCD D ri rn m m0 C t �* O = O m CA U) > CD (D �) D M O m � ��p i r G) �n m CD � fj m ILII to O -� C � _� ren (D N mm y C x^nr- O D D }7CJ � 0 mm 0) z NN=m ry co 4 � co i m Z v CQ r �m m� m �wG1T � i+ 3 mn n� C:3'14 w— cQ I o m b T� o� :o00zm < w0N—„� CD "� tj C7 m D. m co (Do FD © C Z �. w {D !rtes mm z . �Y D c � o r, z m O D ' ) C7 /mom pJD z n 1N i N (D O C) o o (D0) z om z I O >� X mm 0'-�CD C: p- p S3 O� m 70 (D m �x �• � I Y C7 �= o� C m m O m m m lI D cm D O r z m n - z z () I y o z O D O �0 O D� X m rd z c 7o C x O m m o y O d H 0 x m C r-h (D t-1 p N ft (D CbCrl Cr y 1I y � xs �� y , �� �_ r� p N p m p % y � �- f s o O P)j tb n x z w � a mp O tri = (7 m I .y f O D —m o >0lLriya �; �' f �. t G r.. C m z C �.,� ..��,0 �zz ca 0 M l0 N (--'• f'—' W(j) X M a m� m 00 I When eco ded eturn t Go arb & 'pman One on o re Te es 's o er 3 d 00 Sa F ncco, 4 t n: in Ma r NO RECORDpqq FE SU T G E E T C SEC N 2 3 ORDINANCE NO. 94-62 AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA ADOPTING AN AMENDMENT TO THE PLEASANT HILL BART STATION AREA REDEVELOPMENT PLAN PURSUANT TO HEALTH AND SAFETY CODE SECTION 33333 . 61 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 Pleasant Hill BART Station Area Redevelopment Plan by Ordinance 84-30, dated July 10, 1984, as amended. by Ordinance .88-58, dated July 19, 1988 (the "Redevelopment Plan") establishing the Pleasant Hill BART Station .Area Redevelopment Project Area (the "Project Area") . The legal description of the Project Area _is set forth in Exhibit A of the Time Limits Amendment described and incorporated in this Ordinance by reference below; and WHEREAS, the Plan, as amended, contains time limits for conducting certain redevelopment functions meeting the requirements of the Community Redevelopment Law (11CRL11) for such time limits in effect as of the date of adoption and amendment of the Plan; and WHEREAS, Chapter 942 of the Statutes of 1993 ("Chapter 94211) amended the ;CRL effective January 1, 1994. Among other matters, Chapter 942 adds Health and Safety Code Section 33333 .6 to the CRL, requiring the Board of Supervisors to amend the Plan to incorporate specified new and revised time limits for conducting various redevelopment functions; and WHEREAS, the Contra Costa County Redevelopment Agency (the "Agency") has analyzed the provisions of the Plan and the time limit requirements of Health and Safety Code Section 33333.6, and has determined that the Plan must be amended to add or revise certain time limits in the manner and to the extent set forth in the staff report prepared in connection with this Ordinance and on file with the Clerk of the Board; and ti WHEREAS, the Agency has prepared an amendment to the Plan to add or revise .the time limits required by Health and Safety Code Section 33333 .6 (the "Time Limits Amendment") , a copy of which is on file with the Clerk of the Board; and WHEREAS, the Board of Supervisors desires to amend the Plan in accordance with the terms of the Time Limits Amendment as authorized and directed pursuant to Health and"•Safety Code Section 33333 . 6 (e) ; and WHEREAS, Health and Safety Code Section 33333 .6 (e) (2) states: The limitations established in the ordinance adopted pursuant to this section shall apply to the redevelopment plan as if the redevelopment plan had been amended to include those limitation. However, in adopting the ordinance required by this section, neither the legislative body nor the agency is required to comply with 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 Time Limits 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 proposed amendments embodied in the Time Limits Amendment are necessary and desirable. The Plan, as adopted by Ordinance No. 84-30 on July 10, 1984, and as amended by Ordinance No. 88-58, on July 1988, is amended in accordance with the amendments set forth in the Time Limits Amendment. i Section 4 . The Time Limits Amendment is hereby adopted, approved, and designated as part of the official Plan for the Project Area. It is the purpose and intent of the Board of Supervisors{ that the Time Limits Amendment be implemented as part of the Plan' for the Project Area. The Executive Director of the Agency may prepare a document that incorporates the provisions of the Time Limits Amendment into the existing text of the Plan, and such document shall then constitute the official Plan for the Project Area. S0 31 � 1 Section 5. To the extent of the amendments set forth in the Time Limits Amendment, this Ordinance amends Ordinance No. 84-30 adopted on July 10, 1984 and Ordinance No. 88-58 adopted on July 10, 1988. Section 6. In accordance with Health and Safety Code Section 33333 .6 (h) , the Time Limits 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 Time Limits Amendment be construed to affect the right of the Agency to receive property taxes pursuant to Health and Safety Code Section 33670, to pay an indebtedness or other obligation described in this Section 6. Section 7. The Clerk of the Board is hereby directed to file a copy of the Time Limits Amendment with the minutes of this meeting. A copy of this Ordinance and the Time Limits Amendment shall be transmitted to the Agency and the Agency is vested with the responsibility of implementing the Time Limits Amendment. Section 8 . The Executive Director of the Agency is hereby directed to record the Ordinance and the Time Limits Amendment in compliance with the provisions of Government Code Section 27295. Section 9. This Ordinance shall take effect and be in full force from and after thirty (30) days from the date of its final passage. The foregoing ordinance was introduced and read before the Board of Supervisors of the County of Contra Costa at a regular meeting held on November 8 , 1994, and the second reading was held at a regular meeting on December 6 , 1994, where it was finally adopted. Said Ordinance was passed and adopted and ordered published within fifteen (15) days of the date of adoption in the Contra Costa Times, a newspaper of general circulation published in the County of Contra Costa and by the following vote. AYES: BOARDMEMBERS: Bishop, rlakso an Powers NOES: BOARDMEMBERS: None ABSENT: BOARDMEMBERS: Smith and DeSa hie mas M. Powers Tom Powers ,Chair of ATTEST: Phil Batchelor, the Board of Supervisors County Administrator and Clerk of the Board of rvis By o 9 Do Ann Cveer11 i 0 3 LjVn�!Y . T xxLL $Ag2 pLF,As� � Y - 1 When Recorded Return to: Goldfarb & Lipman One Montgomery Street Telesis Tower, 23rd Floor San Francisco, CA 94104 Attn: Linda Manhart NO RECORDING FEE PURSUANT TO GOVERNMENT CODE SECTION 27383 ORDINANCE NO. 94-62 AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA ADOPTING AN AMENDMENT TO THE PLEASANT HILL BART STATION AREA REDEVELOPMENT PLAN PURSUANT TO HEALTH AND SAFETY CODE SECTION 33333 . 6, AND AMENDING RELATED ORDINANCES IN CONNECTION THEREWITH THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: ` i WHEREAS, the Board of Supervisors of the County of Contra Costa adopted the Pleasant Hill BART Station Area Redevelopment Plan by Ordinance 84-30, dated July 10, 1984, as amended by Ordinance 88-58, dated July 19 , 1988 (the "Redevelopment Plan") establishing the Pleasant Hill BART Station Area Redevelopment Project Area (the "Project Area") . The legal description of the Project Area is set forth in Exhibit A of the Time Limits Amendment described and incorporated in this Ordinance by reference below; and WHEREAS, the Plan, as amended, contains time limits for conducting certain redevelopment functions meeting the requirements of the Community Redevelopment Law ("CRL") for such time limits in effect as of the date of adoption and amendment of the Plan; and WHEREAS, Chapter 942 of the Statutes of 1993 ("Chapter 94211) amended the CRL effective January 1, 1994 . Among other matters, Chapter 942 adds Health and Safety Code Section 33333 . 6 to the CRL, requiring the Board of Supervisors to amend the Plan to incorporate specified new and revised time limits for conducting various redevelopment functions; and WHEREAS, the Contra Costa County Redevelopment Agency (the "Agency") has analyzed the provisions of the Plan and the time limit requirements of Health and Safety Code Section 33333 . 6, and has determined that the Plan must be amended to add or revise certain time limits in the manner and to the extent set forth in the staff report prepared in connection with this Ordinance and on file with the Clerk of the Board; and I WHEREAS, the Agency has prepared an amendment to the Plan to , ,,,' add or revise the time limits required by Health and Safety Coder, Section 33333 . 6 (the "Time Limits Amendment") , a copy of which is,''i ! on file with the Clerk of the Board; and WHEREAS, the Board of Supervisors desires to amend the Plan' , in accordance with the terms of the Time Limits Amendment as authorized and directed pursuant to Health and Safety Code Section 33333 . 6 (e) ; and rn; WHEREAS, Health and Safety Code Section 33333 . 6 (e) (2) states: The limitations established in the ordinance adopted pursuant to this section shall apply to the redevelopment,'' plan as if the redevelopment plan had been amended to include those limitation. However, in adopting the J ordinance required by this section, neither the legisla'tdve body nor the agency is required to comply with Article/ i/2 (commencing with Section 33450) or any other provision' of this part relating to the amendment of redevelopment pl/ans. l ' NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA: j Section 1. The Board of Supervisors hereby finds andi declares that the above recitals are true and correct. / 1" Section 2 . The Time Limits Amendment is hereby incfgrporated 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,",", he proposed amendments embodied in the Time Limits Amendm'e`nt are necessary and desirable. The Plan, as adopted by Ordirance/ No. 84-30 on July 10, 1984 , and as amended by Ordinance Nook 88158 , on July 1988, is amended in accordance with the amendments set forth in the Time Limits Amendment. iISection 4 . The Time Limits Amendment is herebyliadop�ted, approved, and designated as part of the official Plan for the i Project Area. It is the purpose and intent of the Board of Supervisors that the Time Limits Amendment be implemented as part of the Plan for the Project Area. The Executive Director of the I Agency may prepare a document that incorporates the" provisions of the Time Limits Amendment into the existing text ow the� Plan, and such document shall then constitute the official Plan for the Project Area. l' 3200KA.P50 ,''' 05/31/94 2 ;+ u, I, � I1 , A Section 5. To the extent of the amendments set forth in the Time Limits Amendment, this Ordinance amends Ordinance No. 84-30 adopted on July 10, 1984 and Ordinance No. 88-58 adopted on July 10, 1988 . Section 6. In accordance with Health and Safety Code Section 33333 . 6 (h) , the Time Limits 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 Time Limits Amendment be construed to affect the right of the Agency to receive property taxes pursuant to Health and Safety Code Section 33670, to pay an indebtedness or other obligation described in this Section 6. Section 7 . The Clerk of the Board is hereby directed to file a copy of the Time Limits Amendment with the minutes of this meeting. A copy of this Ordinance and the Time Limits Amendment shall be transmitted to the Agency and the Agency is vested with the responsibility of implementing the Time Limits Amendment. Section 8 . The Executive Director of the Agency is hereby directed to record the Ordinance and the Time Limits Amendment in compliance with the provisions of Government Code Section 27295 . Section 9 . This Ordinance shall take effect and be in full force from and after thirty (30) days from the date of its final passage. The foregoing ordinance was introduced and read before the Board of Supervisors of the County of Contra Costa at a regular meeting held on November 8 ; 1994 , and the second reading was held at a regular meeting on December 6 , 1994 , where it was finally adopted. Said Ordinance was passed and adopted and ordered published within fifteen (15) days of the date of adoption in the Contra Costa Times, a newspaper of general circulation published in the County of Contra Costa and by the following vote. AYES: BOARDMEMBERS: Bishop, To41nier owers NOES: BOARDMEMBERS: None ABSENT: BOARDMEMBERS: Smith an ,Chair of ATTEST: Phil Batchelor, the Board of Supervisors County Administrator and Clerk of the Board of S rvis r By I 3200KA.P50 k 05/31/94 3 TIME LIMITS AMENDMENT TO THE PLEASANT HILL BART STATION AREA REDEVELOPMENT PLAN Adopted December 6 , 1994 Ordinance No. 94-62 I. INTRODUCTION The Board of Supervisors of the County of Contra Costa has adopted the Redevelopment Plan for the Pleasant Hill BART Station Area Redevelopment Project by Ordinance No. 84-30, dated July 10, 1984 as amended by Ordinance No. 88-58, dated July 19, 1988 (the "Plan") establishing the Pleasant Hill BART Station Area Redevelopment Project Area (the "Project Area") . The Project Area is described in the attached Exhibit A. The Plan, as adopted and amended, contains time limits for conducting certain redevelopment functions meeting the requirements of the Community Redevelopment Law ("CRL") for such time limits in effect as of the date of adoption and amendment of the Plan. Health and Safety Code Section 33333 . 6, effective January 1, 1994 , requires an amendment to the Plan to incorporate specified new and revised time limits for conducting various redevelopment functions. This Amendment has been prepared to comply with the requirements of Health and Safety Code Section 33333 . 6. II. DELETIONS FROM PLAN A. The paragraph of subsection D ("Tax Increments") of Part VII ("Methods for Financing the Project") of the Plan that formerly read as follows is hereby deleted in its entirety: 111) No advances or indebtedness shall be established or incurred by the Agency after the expiration of twenty- five (25) years from the date upon which this Plan was originally adopted without further amendment of this Plan (no debt incurred after July 18, 2009) ; and" B. Former Part X of the Plan entitled "Duration" is hereby deleted in ' its entirety. 3200K8.P50 05/31/94 III. ADDITIONS TO PLAN A new Part X is hereby added to the Plan to read as follows: "X. TIME LIMITATIONS Except as provided in Health and Safety Code Sections 33333 . 6 (g) and (h) , and except for any other authority in excess of the following limits that may from time to time be granted by statute (which authority shall be deemed to be incorporated into the provisions of the Plan by this reference and shall supersede the following limits) : 1. With respect to the portion of the Project Area established pursuant to Ordinance No. 84-30, the time limit on the establishing of loans, advances, and indebtedness shall be July 10, 2004, unless the Plan is amended as permitted by law. With respect to the portion of the Project Area added by Ordinance No. 88-58 , the time limit on the establishing of loans, advances and indebtedness shall be July 19, 2008, unless the Plan is amended as permitted by law. These limits, however, shall not prevent the Agency from incurring debt to be paid from the Low and Moderate Income Housing Fund established pursuant to Health and Safety Code Sections 33334 . 2 and 33334 . 3 or from establishing more debt in order to fulfill the Agency' s housing obligations under Health and Safety Code Section 33413 . These limits also shall not preclude the Agency from receiving tax increment revenue pursuant to Health & Safety Code Section 33670 after expiration of these limits in order to pay any loans, advances or indebtedness established prior to these limits. 2 . The effectiveness of the Plan (including, without limitation, the effectiveness of the Agency' s land use controls for the Project Area under the Plan) shall terminate on July 10, 2024 . After expiration of this time limit on the effectiveness of the Plan, the Agency shall have no authority to act pursuant to the Plan, except to enforce existing covenants, contracts, or other obligations. 3 . The Agency shall not pay indebtedness or receive property taxes pursuant to Health and Safety Code Section 33670 with respect to the Project Area after July 10, 2024 . The above time limits shall not affect the validity of any bond, indebtedness, or other obligation, including, but 3200K8.P50 05/31/94 -2- not limited to, any 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 this time limit be construed to affect the right of the Agency to receive property taxes, pursuant to Section 33670 to pay such indebtedness or other obligation. This Part X shall supersede any inconsistent provision of the Plan. " IV. EFFECT OF AMENDMENTS All provisions of the Plan not specifically amended or repealed in this Amendment shall continue in full force and effect. 3200K8.P50 05/31/94 -3- :80Dy; I'I 4463Pn :I 4 PROJECT BOUNDARY DESCRIPTION PROJECT AREA PLEASANT HILL B.A.R.T. REDEVELOPMENT PROJECT ALL THAT CERTAIN AREA SITUATE IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT MARRING THE INTERSECTION OF THE EASTERN LINE OF THAT CERTAIN 100.00 FOOT WIDE SOUTHERN PACIFIC RAILROAD COMPANY RIGHT-OF-WAY WITH THE SOUTHERN LINE OF TREAT BOULEVARD, SAID POINT OF BEGINNING HAVING ;A COORDINATE OF X=1551930.86, Y=523100.15 (THE BEARINGS AND COORDINATES OF THIS DESCRIPTION BEING REFERENCED TO THE CALIFORNIA COORDINATE SYSTEM ZONE 3) ; THENCE, ALONG SAID SOUTHERN RIGHT-OF-WAY LINE, NORTH 890 Q9' 52- EAST, 224.98 FEET; THENCE, ALONG THE ARC OF A TANGENT 20.00 FOOT. RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 99° 13' 08" AN ARC DISTANCE OF 34.64 FEET TQ THE WESTERN LINE OF MAYWOOD DRIVE; THENCE, LEAVING SAID WESTERN LINE NORTH 840 20 ' 22" EAST 51.54 FEET TO THE EASTERN LINE OF SAID MAYWOOD DRIVE; THENCE, ALONG THE ARC OF 20.00 FOOT RADIUS CURVE TO THE RIGHT FROM WHICH THE CENTER OF SAID CURVE BEARS SOUTH 81* 37 ' 00' EAST, THROUGH A CENTRAL ANGLE OF 820 03' 07" , AN ARC DISTANCE OF 28.64 FEET TO SAID SOUTHERN LINE OF TREAT BOULEVARD; THENCE, ALONG SAID SOUTHERN LINE THE FOLLOWING FOUR (4 ) COURSES: (1) SOUTH 890 33' 530 EAST, 290.06 FEET, (2) ALONG THE ARC OF A TANGENT 1068.96 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 06* 07 ' 33" , AN ARC DISTANCE OF 114.29 FEET, (3) SOUTH 83. 26' 20" EAST, 93.78 FEET, AND (4 ) ALONG THE ARC OF A TANGENT 1945.14 POOT RADIUS CURVE TO THE .--RIGHT THROUGH A CENTRAL ANGLE OF 05° 12' 54- AN ARC DISTANCE OF . 177.04 FEET TO A POINT OF COMPOUND CURVATURE; THENCE, ALONG THE ARC OF A TANGENT 20.00 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 690 44 ' 10-, AN ARC DISTANCE OF. 24.34 FEET; THENCE, NORTH 810 30 ' 44" EAST 3.00 FEET TO THE WESTERN LINE OF CHERRY LANE; THENCE, ALONG SAID WESTERN LINE THE FOLLOWING TWO (2) COURSES: (1) SOUTH 080 29 ' 16" EAST, 64 .49 FEET, AND (2) ALONG THE ARC OF A TANGENT 175.00 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 04' 48' 55" AN ARC DISTANCE F 14.71 FEET; THENCE, LEAVING SAID WESTERN LINE SOUTH 82° 29 ' 39" EAST 50.75 FEET TO A POINT ON THE EASTERN LINE OF SAID CHERRY LANE; THENCE ALONG THE SOUTHERN LINE OF THOSE CERTAIN PARCELS OF LAND RECORDEL IN BOOK 6541 OF OFFICIAL RECORDS AT PAGE 40, BOOR 6852 OF OFFICIAL CORDS AT PAGE 389, BOOK 6568 OF OFFICIAL RECORDS AT PAGE 320, ANL rOOK X783 OF OFFICIAL RECORDS AT PAGE 482 IN THE OFFICE OF THE COUNTY CORDEZ OF CONTRA COSTA COUNTY THE FOLLOWING THREE (3 ) COURSES: (1 ) SOT)TH 82° ', 29 ' 39" EAST, 119.59 PEET, (2) SOUTH 710 32 ' 370 EAST, 2:4 .01 FEET, AND (3) SOUTH 560 57' 42- EAST, 123 .10 FEET TO THE WESTERN t.NE OF THE WALNUT CREEK CHANNEL AS DESCRIBED IN THAT CERTAIN DEEL RIECORDED IN BOOK 6383 OF OFFICIAL RECORDS AT PAGE 482 ; THENCE, ALONG HE WESTERN LINE ' THEREOF THE FOLLOWING THREE (3 ) COURSES: (1 ) NORTE 70 28 ' 49" EAST 121.00 FEET, (2) NORTH 25. 00 ' 220 EAST, 113. 21 FEET, ND (3 ) NORTH 36. 00 ' 37- EAST 6. 01 FEET TO* THE NORTHERN LINE OF TREAT BOULEVARD; THENCE ALONG SAID NORTHERN LINE AND ALONG. THE ARC OF A i 1 I 14463N 150 845.00 FOOT RADIUS CURVE TO THE LEFT FROM WHICH THE CENTER OF SAID CURVE BEARS NORTH 01' 35' 05" EAST, THROUGH A CENTRAL ANGLE OF 01' 001 57', AN-' ARC DISTANCE OF 14.98 PEET TO A POINT ON SAID WESTERN LINE OF SAID WALNUT CREEK CHANNEL; THENCE ALONG SAID WESTERN LINE THE . POLLOWING . FIVE (5) COURSES: (1) NORTH 36` 00' 37" EAST, 49.75 FEET, (2) NORTH 46' •15. 37" EAST, 16.19 FEET, (3) WORTH 369 50 ' 36" EAST, 20.09 FEET, (4 ) NORTH 32° 41' 00" EAST, 110.29 FEET, AND (5 ) NORTH 360 50' 35" EAST-, 13.7.4 FEET TO THE NORTHEAST CORNER OF PARCEL C AS SAID PARCEL C IS SHOWN AND SO DESIGNATED ON THAT CERTAIN PARCEL MAP FILED IN BOOR 9 OF PARCEL MAPS AT PAGE 4 IN SAID OFFICE OF THE COUNTY RECORDER; THENCE, ALONG THE NORTHERN LINE THEREON THE FOLLOWING FIVE (5) COURSES: (1) NORTH .73: 45' 55" HEST, 145.94 FEET, (2) NORTH 70' 3.7' 23" WEST, 55.76 FEET, (3) ALONG THE ARC OF A TANGENT 100. 00 FOOT RADIUS CURVE TO THE LEFT THROUGH A' CENTRAL ANGLE OF 12' 10 ' 44" , AN ARC ' DISTANCE . OF 21.26 FEET TO A POINT OF REVERSE CURVATURE, 4 ) ALONG. THE ARC .OF A_.TANGENT 100.00 -FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 120 10' 44", AN ARC DISTANCE 21.26 FEET, AND 5) NORTH 700 37 ' 23" WEST 107.05 PEET TO THE EASTERN LINE OF ALDERWOOD DRIVE; THENCE LEAVING SAID EASTERN LINE, NORTH 70' 37 ' 23" WEST 40. 00 FEET TO THE WESTERN LINE OF ALDERWOOD DRIVE; THENCE,, ALONG SAID WESTERN LINE, SOUTH 19° 22 ' 37" WEST, 61.67 FEET TO THE NORTHEASTERN CORNER OF THAT CERTAIN PARCEL OF LAND RECORDED IN BOOR 11100 AT PAGE 851 IN SAID OFFICE - OF THE COUNTY RECORDER; THENCE, ALONG THE NORTHERN LINE OF SAID CERTAIN PARCEL OF LAND AND ALONG THE NORTHERN LINE OF THOSE CERTAIN PARCELS OF LAND AS DESCRIBED IN THOSE CERTAIN DEEDS RECORDED IN BOOK 7331 OF OFFICIAL RECORDS AT PAGE 352,. AND BOOR 10713 OF OFFICIAL RECORDS AT PAGE 324 IN SAID OFFICE OF THE COUNTY RECORDER, NORTH 700 34 ' ' 55" WEST, 392.44 FEET TO THE EASTERN LINE OF CHERRY LANE; THENCE, LEAVING SAID -EASTERN LINE, NORTH 700 34 ' 55" WEST, 40.11 FEET TO THE WESTERN LINE OF CHERRY LANE; THENCE ALONG SAID WESTERN LINE SOUTH 15" 13 ' 43" WEST 49.86 PEET; AND SOUTH 01° 48 ' 43" WEST 12.12 PEET TO THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN THAT CERTAIN DEED RECORDED IN BOOK 6793 OF OFFICIAL RECORDS AT PAGE 71 IN SAID OFFICE OF . THE COUNTY RECORDER; THENCE ALONG THE NORTHERN LINE THEREOF AND ALONG THE NORTHERN LINE' OF THOSE CERTAIN PARCELS OF LAND DESCRIBED IN.. THOSE CERTAIN DEEDS RECORDED IN BOOR 10964 OF OFFICIAL RECORDS AT PAGE 135, BOOR 10882 OF OFFICIAL RECORDS AT PAGE 287, BOOR 10273 OF OFFICIAL RECORDS AT PAGE 92, BOOR 10635 OF OFFICIAL RECORDS AT PAGE 693, BOOR 10752 OF OFFICIAL RECORDS AT PAGE 369, AND BOOK 8772 OF OFFICIAL RECORDS AT PAGE 325 IN SAID OFFICE -OF THE COUNTY RECORDER THE FOLLOWING NINE (9 ) COURSES: (1) NORTH 890 23 ' 53" ;WEST, 226.45 FEET, (2 ) NORTH 06` 35' 54" EAST, 93. 04 FEET, (3 ) NORTH 89° 23 ' 53" WEST, 99. 91 FEET, (4 ) SOUTH 080 37 ' 40' WEST, 74 .68 FEET, j ( 5 ) NORTH 89' 33 ' 53' WEST, 118 .91 FEET, ( 6 ) SOUTH 080 37' 40" WEST, 19.78 FEET, (7 ) NORTH 890 : i ' 32" WEST, 289. 65 FEET, ( 8) SOUTH 0,80 37 ' 37" WEST, 13.23 FEET, .AND ( 9) NORTH 87" 40 ' 21' PEST, 208.55, PEET TO SAID EASTERN LINE OF SAID SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY; THENCE ALONG . SAID. EASTERN LINE NORTH 08' .44 ' 37" EAST, 3594 .27 FEET TO THE BOUNDARY COMMON TO SAID COUNTY OF CONTRA COSTA AND TO THE CITY OF PLEASANT HILL; THENCE :,LONG SAID COMMON BOUNDARY f - 2 Bull. 14463Pb 151 (NORTH 89" 34 ' 36" WEST, 101 .06 FEET TO THE WESTERN LINE OF SAID SOUTHERN (PACIFIC RAILROAD RIGHT-OF-WAY; THENCE, ALONG SAID WESTERN LINE SOUTH 1080 44' 37" WEST, 1289.04 PELT TO THE. NORTHERN LINE OF ='mGINS DRIVE; ITHENCE, ALONG SAID NORTHERN LINE THE FOLLOWING THREE (3) COURSES: (1) (NORTH 89' 18 ' SO" WEST, 11.16 FEET, (2) ALONG THE THE ARC OF A 1NON-TANGENT 30.00 FOOT RADIUS CURVE TO • THE RIGHT FROM WEICB THE CENTER IOP SAID CURVE BEARS NORTH 570 13 ' 37" WEST THROUGH A CENTRAL ANGLE P 790 46' 35", AN ARC DISTANCE OF 41.77 FEET, AND (3) NORTH 67° 26 - 58" WEST 14 .47 FEET TO THE NORTHERN .EXTENSION OF THE WESTERN LINE OF SAID COGGINS DRIVE; THENCE, ALONG SAID 'NORTHERN EXTENSION AND SAID WESTERN LINE SOUTH 080 45'' 24" WEST, 462.67 FEET TO THE SOUTHEAST CORNER' OF LOT 1 AS SAID LOT- IS SHOWN AND SO DESIGNATED ON THE OFFICIAL OF DIABLO VILLA FILED IN- BO.OK 251 OF MAPS AT PAGE 59 IN SAID OFFICE F THE -COUNTY. RECORDER; THENCE, ALONG THE SOUTHERN LINE THEREOF NORTH 89" 21' 39 -WEST, - 178.03 FEET TO THE WESTERN LINE OF SAID LOT 1 ; T3ENCE ALONG SAID -WESTERN LINE NORTH 060 40' 04" EAST, 239.78 FEET TQ THE EASTERLY EXTENSION OF THE SOUTHERN LINE OF PARCEL TWO AS SAID PARCEL TWO .-IS SHOWN AND SO DESIGNATED ON THAT CERTAIN PARCEL MAP FILED IN OOK 24 OF. PARCEL MAPS AT PAGE 47 IN SAID OFFICE OF THE COUNTY RECORDER; THENCE - ALONG SAID EASTERLY EXTENSION AND ALONG SAID SOUTHERN LINE, NORTH 890 20.29" WEST, 274.88 FEET TO THE NORTHEAST CORNER OF ESTRELLA RANCHO UNIT NO. 2 FILED IN BOOK 53 OF MAPS AT PAGE 15 IN SAID OFFICE OF THE COUNTY RECORDER; THENCE ALONG THE EASTERN LINE THEREOF AND ALONG THE EASTERN LINE OF ESTRELLA RANCHO UNIT FILED IN BOOK 50 OF KAPS AT PAGE 48 IN SAID OFFICE OF THE COUNTY RECORDER SOUTH 060 38 ' 46" NEST, 683.00 FEET TO THE LINE BETWEEN LOTS 2 AND 3 OF SAID ESTRELLA RANCHO (50 M. 48 ) ; THENCE ALONG THE SOUTHERN LINE OF .SAID LOT 3 , NORTH 830 21' 14" WEST, 125.14 FEET TO THE EASTERN LINE OF ELENA DRIVE; HENCE LEAVING SAID EASTERN LINE, NORTH 83° 21' 14' WEST, 50.19 FEET 0 THE WESTERN LINE OF SAID ELENA DRIVE; THENCE ALONG SAID WESTERN INE AND ALONG THE ARC OF 280.00 FOOT RADIUS CURVE TO THE LEFT FROM HICH THE ,CENTER OF SAID CURVE BEARS SOUTH 870 49 ' 49" EAST, THROUGH CENTRAL ANGLE OF 060 31" 26", AN ARC DISTANCE OF 31.88 FEET; THENCE, CONTINUING ALONG SAID WESTERN LINE, SOUTH 04' 21 ' 14" EAST, 167.39 FEET; THENCE ALONG THE ARC OF A TANGENT 20.00 FOOT RADIUS CURVE TO THE RIGHT "THROUGH A CENTRAL ANGLE OF 94" 05 ' 12" AN ARC DISTANCE OF 32.84 FEET TO A POINT ON THE NORTH LINE OF LAS JUNTAS WAY; THENCE ALONG SAIDA NORTH LINE THE FOLLOWING THREE (3) COURSES : (1 ) SOUTH 89- 43' 58" WEST, 150.44 FEET, (2) ALONG THE ARC OF A TANGENT 470.OG FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 18" 16 ' 46" AN ARMC 7ISTANC£" -OP 149.95 FEET TO A POINT OF REVERSE CURVATURE, ANIS (3 ) ALONG THE ARC OF A TANGENT 530.00 FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 08" 08 ' 31" AN ARC DISTANCE OF 75. 32 ?"'ET TO THE WESTERN LINE OF SUBDIVISION 6284 AS SHOWN ON OFFICIAL. KAP THEREOF FILED IN BOOK 268 OF MAPS AT PAGE 1 ; THENCE ALONG SAIL WESTERN LINE NORTH 01' 59 ' 22" EAST, 311.44 FEET TO THE SOUTHERN LINE OF SAID ESTRELLA RANCHO (50 M. 48 ) ; THENCE ALONG THE SOUTHERN AN:� WESTERN BOUNDARIES THEREOF AND ALONG THE WESTERN LINE OF SAID ESTRELLA RANCHO UNIT 2 (53 N 15 ) THE FOLLOWING FIVE ( 5 ) COURSES: (1 ) NORTE 880 14 ' 24' WEST, 15. 80 FEET, (2) NORTH 840 01' 20' WEST, 99 . 88 FEET, - 3 i I WE% 17L (3) NORTH 73' 51' 10" PEST, 49.09 FEET, (4 ) NORTH 18° 20' 27" JEST, 71.93 FEET, AND (5 ) NORTH 06' 37' 10" EAST, 445.51 FEET TO THE NORTHWEST CORNER OF SAID ESTRELLA RANCHO UNIT NO. 2 (53 X 15) AND TO A POINT ON THE SOUTHERN LINE OF PARCEL A AS SAID PARCEL A IS SHOWN AND SO DESIGNATED' ON THAT CERTAIN PARCEL MAP FILED IN BOOK 35 OF PARCEL mAPS :` AT PAGE 14 IN SAID OFFICE OF THE COUNTY RECORDER; THENCE ALONG THE SOUTHERN LINE THEREOF NORTH 89" 20' 29" WEST, 74.35 FEET TO THE EASTERN LINE OF BUSKIRK AVENUE; THENCE ALONG SAID EASTERN LINE THE FOLLOWING TWO (2) COURSES: (1) NORTH 89` 21' 33" WEST, 10.10 FEET AND (2 ) ALONG THE ARC OF A 580.04 FOOT RADIUS CURVE TO THE RIGHT FROM WHICH THE CENTER OF SAID CURVE BEARS SOUTH 82° 33' 51' WEST THROUGH A CENTRAL ANGLE OF 32" 54' 34" AN ARC. DISTANCE OF 333.16 FEET TO THE NORTHWEST CORNER OF LOT 41 AS SAID LOT 41 IS SHOWN AND SO DESIGNATED ON THE OFFICIAL MAP OF TRACT 2027 FILED IN BOOR 56 OF MAPS AT PAGE 51 IN THE OFFICE OF SAID COUNTY RECORDER; THENCE LEAVING SAID EASTERN LINE OF BUSKIRK AND ALONG THE WESTERLY EXTENSION OF THE NORTH LINE OF'•SAID IAT 41, NORTH 88' 52' 58" WEST, 364.34 FEET; THENCE SOUTH 02' 02 ' 29" WEST, 662.54 FEET TO THE WESTERN LINE OF SAID BUSKIRK AVENUE; THENCE ALONG SAID WESTERN LINE SOUTH 02' 02' 29" WEST, 1153 .09 FEET; THENCE LEAVING SAID WESTERN LINE OF BUSKIRK AVENUE, SOUTH 020 02 ' 29" WEST, 743.39 FEET TO THE EASTERN LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE STATE OF CALIFORNIA AS DESCRIBED IN THAT CERTAIN DEED RECORDED IN BOOR 9865 OF OFFICIAL RECORDS AT PAGE 49 IN SAID OFFICE OF THE COUNTY RECORDER; THENCE ALONG THE SAID PASTERN LINE THE FOLLOWING TWO (2) COURSES: (1) SOUTH 25" 24 ' 01' WEST, 16.92 FEET AND (2) SOUTH 20" 30' ' 11" WEST, 37.52 FEET; THENCE LEAVING SAID WESTERN LINE SOUTH 890 50' S4" BAST, 152.93 FEET TO THE SOUTEERN CORNER OF PARCEL A AS SAID PARCEL A IS SHOWN AND SO DESIGNATED ON THAT CERTAIN RECORD OF SURVEY FILED IN - BOOK 73 OF LICENSE SURVEYOR'S MAPS AT PAGE 27 IN SAID OFFICE OF THE COUNTY RECORDER AND TO THE WEST LINE OF JONES ROAD; THENCE LEAVING SAID WEST LINE SOUTH 89' 50 ' 54" EAST, 74 . 86 FEET TO THE EAST LINE OF SAID JONES ROAD; TEENCE ALONG THE SOUTHEASTERN LINE THEREOF THE FOLLOWING FOUR (4 ) COURSES: (1) ALONG THE ARC OF 270.02 FOOT RADIUS CURVE TO THE RIGHT FROM WHICH .THE CENTER OF SAID CURVE BEARS SOUTH 480 36' 20" EAST THROUGH A CENTRAL ANGLE OF 480 45' 26" AN ARC DISTANCE OF 229.78 FEET, (2) SOUTH 890 50 ' 54" EAST, 216.81 FEET, (3) ALONG THE ARC OF A TANGENT 20.00 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 98° 37' 17" AN ARC DISTANCE OF 34.43 FEET, AND (4) SOUTH 81' 13' 37" EAST, 10.00 FEET TO A POINT ON THE WESTERN LINE OF OAR ROAD; THENCE ALONG SAID WESTERN LINE SOUTH 08" 46 ' 23", WEST, 36.08 FEET; THENCE ALONG THE WESTERLY PROJECTION OF THE SOUTHERN LINE .OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THAT CERTAIN DEED RECORDED IN BOOK 9950 OF OFFICIAL RECORDS AT PAGE 182 , SOUTH 890 04 ' 15" EAST, 78.74 FEET TO THE EASTERN LINE OF OAR ROAD; THENCE LEAVING SAID EASTERN LINE AND ALONG SAID SOUTHERN LINE OF SAID CERTAIN PARCEL OF LAND (9950 O.R. 182 ) SOUTH 890 04 ' 15" EAST, 691.85 FEET TO THE WESTERN LINE OF SAID 100 FOOT BIDE SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY; THENCE LEAVING SAID WESTERN LINE, SOUTH 890 04 ' 15" EAST, 100. 94 FEET TO THE EASTERN LINE OF SAID SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY; THENCE ALONG SAID EASTERN LINE, NORTH -0'8° "44 ' 37" EAST, 634 . 43 FEET TO THE POINT OF BEGINNING. _ 4 _ 153 First Addition to Project Area -leasant Hill BART Redevelopment Project All that real , property situate in an unincorporated area of Contra Costa County, California , described as follows: References are to Subdivision Maps filed at the Recorder's Office of said County. All of that portion of "Estrella Rancho" recorded June 17, 1953 in Map Book 50 at page 48, that lies outside of "Pleasant Hill BART Redevelopment Project" boundary adopted January 31 , 1984 by County Board of Supervisors' Resolution- # 84/74. And all of Tract No. 539-2 "Estrella Rancho - Unit No. 2" filed March 12, 1954 in Map Book 53 at page 15. Beginning at the northeast corner of Lot 5 (50 M 48); thence along the east line of Lots 5, 4, and 3 (50 M 48) , South 060 38' 56"West 277 feet, to the southeast corner of Lot 3; thence along the south line of Lot 3 and its westerly prolongation, North 830 21' 04" West 175.37 feet, to the west line of Elena Drive (50 M 48); thence along said west line in a general southerly direction 71 feet, more or less, to the southeast corner of Lot 6 (50 M 08) being a point on the boundary of "Estrella Rancho" ; thence along said boundary South 850 38' 56" West 37.2 feet, North 230 20' 34" West 58.51 feet, North 490 49' 12" West 64.45 feet, North 590 20' 55" West 211 .3 feet, North 880109' 35" West 94.87 feet, north 840 01' 10" West 99.88 feet, North 730 51' West 49.09 feet, North ..180 20' 17" West 71 .93 feet, and t;orth 060 37' 20" East 177.48 feet, to the northwest corner of "Estrella Ranchu" , being also, the southwest corner of "Estrella Rancho - Unit No . 2 (53 M 15)11 ; thence al Ing the boundary, of "Estrella Rancho - Unit No. 2" , North 06u 37' 20" East 268.02 feet, South 890 20' 19" East 753.54 feet, and South 060 33' 56" West 406 feet, to the southwest corner (53 M 15) , being alsu the point t of beginning. Containing 10.37 acres , more or less . LB:sj LB:Uesc.BART 8/04/87 } 1 ADMINISTRATIVE REPORT To: Members of the Contra Costa County Board of Supervisors From: Jim Kennedy, Deputy Executive Director / Date: June 1, 1994 Subject: Ordinance Adopting An Amendment to the Pleasant Hill BART Station Area Redevelopment Plan Pursuant to Health and Safety Code Section 33333 . 6 and Amending Related Ordinances Recommendation: That the Board adopt the attached proposed ordinance (the "Ordinance") amending the Pleasant Hill BART Station Area Redevelopment Plan ("Plan") and amending Ordinance No. 84-30, adopted on July 10, 1984 , and Ordinance No. 88-58, adopted on July 19 , 1988; and direct staff to publish the Ordinance within 15 days in the Contra Costa Times a newspaper of general circulation in the County of Contra Costa. Background• A major redevelopment reform bill, Assembly Bill 1290 ("AB 1290") , was enacted last year by the State Legislature. In addition to a number of other changes to redevelopment law, AB 1290 enacted Health and Safety Code Section 33333 . 6 which imposes certain time limits on all existing redevelopment plans in the state. As more fully discussed below, some of the deadlines which are currently contained in the Plan are not in compliance with the provisions of AB 1290. Therefore, the Board must amend the Plan to comply with those statutory deadlines. To comply with AB 1290, the Ordinance adopts a plan amendment (the "Time Limits Amendment") providing for the following new or revised deadlines under the Plan. : Deadline to 'Incur Debt: July 10, 2004 (Original Plan Area) July 19, 2008 (Park Regency Area) 3200K9.P50 05/31/94 -1- 1 Deadline for Redevelopment Activities/ Plan Expiration: July 10, 2024* Deadline to Receive Tax Increment: July 10, 2024* * Text revised to reflect AB 1290 statutory language, but no change in deadline date from current Plan. Section 33333 . 6 permits the Board to bypass most of the procedures normally required for redevelopment plan amendments. The Board may adopt the proposed Ordinance in accordance with the normal procedures for the enactment of ordinances. Unlike the process for most redevelopment plan amendments, the Board is not required to hold a public hearing or provide notice to project area property owners prior to the adoption of the proposed Ordinance. Adoption of the Ordinance will not cause a change in financial arrangements with affected taxing entities or affect the ability of the Agency to repay debt incurred prior to January 1, 1994 . Pursuant to Public Resources Code Section 21080 (a) and CEQA Guidelines Section 15268, adoption of the Time Limits Amendment is a ministerial act which does not require CEQA review. Discussion• Some of the deadlines contained in the Plan do not comply with the provisions of Section 33333 . 6. Therefore, the Time Limits Amendment makes the following changes to the Plan: A. Deadline to Incur Indebtedness. Part VII.D of the Plan provides that the Agency may incur indebtedness under the Plan until July 10, 2009, the date that is 25 years after initial adoption of the Plan in 1984 . Under Section 33333 . 6, the deadline on incurring debt can be no later than 20 years from date of the Plan' s adoption. Because the deadline on incurring debt in Part VII.D of the Plan is more than 20 years after adoption of the Plan, the Board must amend the Plan to revise the last day for incurring indebtedness to the date which is 20 years from adoption of the Plan. The limit on incurring debt can be calculated separately for an area added to an initial plan by a later amendment. The Time Limits Amendment therefore fixes the last day to incur indebtedness under the Plan as July 10, 2004 for all of the Project Area except the area added by the 1988 amendment to the Plan. For that area added by the 1988 amendment (consisting primarily of the Park Regency Project) , the Time Limits Amendment fixes the last day to incur debt as July 19 , 2008, the date 20 years after the 1988 amendment. 3200K9.P50 05/31/94 -2- B. Termination of Effectiveness of Plan. Part X of the Plan provides that the last day on which the Plan will be effective is 40 years after adoption of the Plan. Under Section 33333 . 6 the time limit on the effectiveness of the Plan can be no later than 40 years from adoption of the Plan. Thus, the Plan is generally consistent with Section 33333 . 6 with respect to the time limit on redevelopment activities. However, the Time Limits Amendment revises the effectiveness language of the Plan so it is consistent with Section 33333 . 6. C. Deadline to Receive Tax Increment. The Plan currently does not contain an explicit deadline for the Agency to receive tax increment. However, Part X of the Plan which limits the effectiveness of the Plan to 40 years after adoption effectively limits the Agency' s receipt of tax increment to the date 40 years after adoption of the Plan. Section 33333 . 6 requires that the Plan limit on tax increment receipt be no later than 50 years after adoption of the Plan. Thus, the Plan is consistent with the Section 33333 . 6 time limit on receipt of tax increment. However, the Time Limit Amendment revises the Plan to include an explicit limit on receipt of tax increment as required under Section 33333 . 6. D. No Impairment of Current Debt. As specified in Section 6 of the Ordinance, Section 33333 . 6 and the Time Limits Amendment, the deadlines imposed by the Time Limits Amendment will in no way affect the financial obligations of the Agency as they existed on December 31, 1993 , including the Agency' s obligations to make debt service payments on bonds, or to make payments under pass-through agreements or other contract obligations. }i i� 1 i l 1 3200K9.PSO j OS/31/94 �tt -3- 4 1 ti m CDSI) ! z m n r O0 -4 � — Z Cn ' p ._. � o z Q n m • , � -o m CO > Cl) ) In a) n � CD =T = O CIO N —I w m om V10 CD 25- cr C z � IN ) CD CD 0) 3 mm0 O � �.-+ CD ;my D O pt O N � �t O 70= z D z c N €v r �m c Q �� c m Imo' �o rM m C D �D o � aD � I � cmi70m Z Xu'3: Do °' C �+ m DZ y v'Dy� IM m N O oo Dj!n 0 Z< IM co 0 90rf m p [� �' cnm m{ m wL7N t-+ m n n cO w�I 0 IV co G �r fD O #i � �p� 7o O v z m < �V,00��—_nom mQ, (Df3 � w 05 •tmn� k 0�O�: 9Cm 3 z N r. r � O 4 z I n - > �p N. {, O O r 00 0 Z .0 Fl- 0`° C o a, o in z rt 9> ro or cc -� D p C/) rt (D Z D - D Doz �c O K�' x O m D co rt l N (D c`* m � pc o m3:) r en j n -zi z CO © m C) CA0 m o c -i m C = O z 3m mp ep N r m = m z O C) I yc 0 ~ D v T0:I) cn z0 11 O �i D -u o p p D� -�, �- x m ro o m m C C i IM m Qx ol < o I m Co M rt m m iN rn t w n x � w 't a r oW O LTJ = J a !.. f ,,D m I C i [ m> IIS m (D sem.: v, N.) CO� z Xm I- o m c m �o 00io co i d t o dfa & Lipma O Mo o ry ee \, T esi o e 3 d oor S n Fr n i c , 9 1 t : Li d a C ING EE SU TO 0 E 2 3 3 ORDINANCE NO. 94-63 AN ORDINANCE OF THE BOARD OF SUPERVISORS OF 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, AND AMENDING A RELATED ORDINANCE 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 87-50, dated July 14, 1987 (the "Redevelopment Plan") establishing the North Richmond Redevelopment Project Area (the "Project Area") . The legal description of the Project Area is set forth in Exhibit A of the Time Limits Amendment described and incorporated in this Ordinance by reference below; and WHEREAS, the Plan contains time limits for conducting certain redevelopment functions meeting the requirements of the Community Redevelopment Law ("CRL") for such time limits in effect as of the date of adoption and amendment of the Plan; and WHEREAS, Chapter 942 of the Statutes of 1993 ("Chapter 94211) amended the CRL effective January 1, 1994. Among other matters, Chapter 942 adds Health and Safety Code Section 33333.6 to the CRL, requiring the Board of Supervisors to amend the Plan to incorporate specified new and revised time limits for conducting various redevelopment functions; and WHEREAS, the Contra Costa County Redevelopment Agency (the "Agency") has analyzed the provisions of the Plan and the time limit requirements of Health and Safety Code Section 33333.6, and has determined that the Plan must be amended to add or revise certain time limits in the manner and to the extent set forth in the staff report prepared in connection with this Ordinance and on file with the Clerk of the Board; and WHEREAS, the Agency has prepared an amendment to the Plan to add or revise the time limits required by Health and Safety Code 1 Section 33333.6 (the "Time Limits Amendment") , a copy of which is on file with the Clerk of the Board; and WHEREAS, the Board of Supervisors desires to amend the Plan in accordance with the terms of the Time Limits Amendment as authorized and directed pursuant to Health and Safety Code Section 33333.6(e) ; and WHEREAS, Health and Safety Code Section 33333.6(e) (2) states: The limitations established in the ordinance adopted pursuant to this section shall apply to the redevelopment .plan as if the redevelopment plan had been amended to include those limitation. However, in adopting the ordinance required by this section, neither the legislative body nor the agency is required to comply with 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 Time Limits 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 proposed amendments embodied in the Time Limits Amendment are necessary and desirable. The Plan, as adopted by Ordinance No. 87-50 on July 14, 1987, is amended in accordance with the amendments set forth in the Time Limits Amendment. Section '4. The Time Limits Amendment is hereby adopted, approved, and designated as part of the official Plan for the Project Area.; It is the purpose and intent of the Board of Supervisors that the Time Limits Amendment be implemented as part of the Plan for the Project Area. The Executive Director of the Agency may prepare a document that incorporates the provisions of the Time Limits Amendment into the existing text of the Plan, and such document shall then constitute the official Plan for the Project Area. Section 5. To the extent of the amendments set forth in the Time Limits Amendment, this Ordinance amends Ordinance No. 87-50 adopted on July 14, 1987. f 1 Section 6. In accordance with Health and Safety Code Section 33333.6(h) , the Time Limits 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 Time Limits Amendment be construed to affect the right of the Agency to receive property taxes pursuant to Health and Safety Code Section 33670, to pay an indebtedness or other obligation described in this Section 6. Section 7. The Clerk of the Board is hereby directed to file a copy of the Time Limits Amendment with the minutes of this meeting. A copy of this Ordinance and the Time Limits Amendment shall be transmitted to the Agency and the Agency is vested with the responsibility of implementing the Time Limits Amendment. Section 8. The Executive Director of the Agency is hereby directed to record the Ordinance and the Time Limits Amendment in compliance with the provisions of Government Code Section 27295. Section 9. This Ordinance shall take effect and be in full force from and after thirty (30) days from the date of its final passage. The foregoing ordinance was introduced and read before the Board of Supervisors of the County of Contra Costa at a regular meeting heldjon NnvPmhPr s , 1994, and the second reading was held at a regular meeting on December 6 , 1994, where it was finally adopted. Said Ordinance was passed and adopted and ordered published within fifteen (15) days of the date of adoption in the Contra Costa Times, a newspaper of general circulation published in the County of Contra Costa and by the following vote. AYES: BOARDMEMBERS: Bishop, Torlakson and Powers NOES: BOARDMEMBERS: None ABSENT: BOARDMEMBERS: Smith and DeSau nier om owers ,Chair of the Board of Supervisors ATTEST: Phil Batchelor, County Administrator and Clerk of the Boar �. f Supervisors Boar 1� I . De ty NORTH RICHMOND i { i k r When Recorded Return to: Goldfarb & Lipman One Montgomery Street Telesis Tower, 23rd Floor San Francisco, CA 94104 Attn: Linda Manhart NO RECORDING FEE PURSUANT TO GOVERNMENT CODE SECTION 27383 ORDINANCE NO. 94-63 AN ORDINANCE OF THE BOARD OF SUPERVISORS OF 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, AND AMENDING A RELATED ORDINANCE 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 87-50, dated July 14, 1987 (the "Redevelopment Plan") establishing the North Richmond Redevelopment Project Area (the "Project Area") . The legal description of the Project Area is set forth in Exhibit A of the Time Limits Amendment described and incorporated in this Ordinance by reference below; and WHEREAS, the Plan contains time limits for conducting certain redevelopment functions meeting the requirements of the Community Redevelopment Law ("CRL") for such time limits in effect as of the date of adoption and amendment of the Plan; and WHEREAS, Chapter 942 of the Statutes of 1993 ("Chapter 94211) amended the; CRL effective January 1, 1994. Among other matters, Chapter 942 adds Health and Safety Code Section 33333 . 6 to the CRL, requiring the Board of Supervisors to amend the Plan to incorporate' specified new and revised time limits for conducting various redevelopment functions; and I WHEREAS, the Contra Costa County Redevelopment Agency (the "Agency") has analyzed the provisions of the Plan and the time limit requirements of Health and Safety Code Section 33333 . 6, and has determined that the Plan must be amended to add or revise certain time limits in the manner and to the extent set forth in the staff report prepared in connection with this Ordinance and on file with the Clerk of the Board; and WHEREAS, the Agency has prepared an amendment to the Plan to add or revise the time limits required by Health and Safety Code Section 33333 . 6 (the "Time Limits Amendment") , a copy of which is on file with the Clerk of the Board; and WHEREAS, the Board of Supervisors desires to amend the Plan in accordance with the terms of the Time Limits Amendment as authorized and directed pursuant to Health and Safety Code Section 33333. 6 (e) ; and WHEREAS, Health and Safety Code Section 33333 . 6 (e) (2) states: The limitations established in the ordinance adopted pursuant to this section shall apply to the redevelopment plan as if the redevelopment plan had been amended to include those limitation. However, in adopting the ordinance required by this section, neither the legislative body nor the agency is required to comply with 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 Time Limits 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 proposed amendments embodied in the Time Limits Amendment are necessary and desirable. The Plan, as adopted by Ordinance No. 87-50 on July 14, 1987, is amended in accordance with the amendments set forth in the Time Limits Amendment. Section 4. The Time Limits Amendment is hereby adopted, approved, and designated as part of the official Plan for the Project Area. It is the purpose and intent of the Board of Supervisors that the Time Limits Amendment be implemented as part of the Plan for the Project Area. The Executive Director of the Agency may prepare a document that incorporates the provisions of the Time Limits Amendment into the existing text of the Plan, and such document shall then constitute the official Plan for the Project Area. Section 5. To the extent of the amendments set forth in the Time Limits Amendment, this Ordinance amends Ordinance No. 87-50 adopted on! July 14, 1987 . I 3200KD.P50 06/02/94 -2- . 1 Section 6. In accordance with Health and Safety Code Section 33333 .6(h) , the Time Limits 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 Time Limits Amendment be construed to affect the right of the Agency to receive property taxes pursuant to Health and Safety Code Section 33670, to pay an indebtedness or other obligation described in this Section 6. Section 7. The Clerk of the Board is hereby directed to file a copy of the Time Limits Amendment with the minutes of this meeting. A copy of this Ordinance and the Time Limits Amendment shall be transmitted .to the Agency and the Agency is vested with the responsibility of implementing the Time Limits Amendment. Section 8. The Executive Director of the Agency is hereby directed to record the Ordinance and the Time Limits Amendment in compliance with the provisions of Government Code Section 27295. Section 9. This Ordinance shall take effect and be in full force from and after thirty (30) days from the date of its final passage. The foregoing ordinance was introduced and read before the Board of Supervisors of the County of Contra Costa at a regular meeting held on November 8 1994, and the second reading was held at a regular meeting on December 6 1994, where it was finally adopted. Said Ordinance was passed and adopted and ordered published within fifteen (15) days of the date of adoption in the Contra Costa Times, a newspaper of general circulation published in the County of Contra Costa and by the following vote. AYES: BOARDMEMBERS: Bishop, Torlaks and Powers NOES: BOARDMEMBERS: None ABSENT: BOARDMEMBERS: Smith an DeS lni 1 Owers ,Chair of the Board of Supervisors ATTEST: Phil Batchelor, County Administrator and Clerk of the ,pard f=.•Supervisors Dep I� i 3200KD.PSO 06/02/94 j -3- } 1 t f TIME LIMITS AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE NORTH RICHMOND REDEVELOPMENT PROJECT AREA Adopted December 6 , 1994 Ordinance No. 94-63 I. INTRODUCTION The Board of Supervisors of the County of Contra Costa has adopted the Redevelopment Plan for the North Richmond Redevelopment Project Area by Ordinance No. 87-50, dated July 14, 1987 (the "Plan") establishing the North Richmond Redevelopment Project Area (the "Project Area") . The Project Area is described in the attached Exhibit A. The Plan contains time limits for conducting certain redevelopment functions meeting the requirements of the Community Redevelopment Law ("CRL") for such time limits in effect as of the date of adoption and amendment of the Plan. Health and Safety Code Section 33333 . 6, effective January 1, ;1994, requires an amendment to the Plan to incorporate specified new and revised time limits for conducting various redevelopment functions. This Amendment has been prepared to comply with the requirements of Health and Safety Code Section 33333. 6. II. DELETIONS FROM PLAN A. The Paragraph of subsection C ("Tax Increments") of Part VII ("Methods for Financing the Project") of the Plan that formerly read as follows is hereby deleted in its entirety: "1. No advances or indebtedness shall be established or incurred by the Agency after the expiration of 39 years from the date upon which this Plan is adopted without further amendment of the Plan. " B. Former Part X of the Plan, entitled "DURATION, " is hereby deleted in its entirety. III. ADDITIONS TO PLAN i A new Part X is hereby added to the Plan to read as follows: i "X. TIME LIMITATIONS i lExcept as provided in Health and Safety Code Sections 33333 .6(g) and (h) , and except for any other authority in 3200KC.P50 06/02/94 i i i excess of the following limits that may from time to time be granted by statute (which authority shall be deemed to be incorporated into the provisions of the Plan by this reference and shall supersede the following limits) : 1. The time limit on the establishing of loans, advances, and indebtedness shall be July 14, 2007, unless the Plan is amended as permitted by law. This limit, however, shall not prevent the Agency from incurring debt to be paid from the Low and Moderate Income Housing Fund established pursuant to Health and Safety Code Sections 33334 . 2 and 33334. 3 or from establishing more debt in order to fulfill the Agency' s housing obligations under Health and Safety Code Section 33413 . This limit also shall not preclude the Agency from receiving tax increment revenue pursuant to Health & Safety Code Section 33670 after expiration of this limit in order to pay any loans, advances or indebtedness established prior to these limits. 2 . The effectiveness of the Plan (including, without limitation, the effectiveness of the Agency' s land use controls for the Project Area under the Plan) shall terminate on July 14, 2027 . After expiration of this time limit ; on the effectiveness of the Plan, the Agency shall have no authority to act pursuant to the Plan, except to enforce existing covenants, contracts, or other obligations. 3 . The Agency shall not pay indebtedness or receive property taxes pursuant to Health and Safety Code Section 33670 with respect to the Project Area after July 14, 21 27. The above time limits shall not affect the validity of any b'ond, indebtedness, or other obligation, including, but not limited to, any 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 this time limit be construed to affect the right of the Agency to receive property taxes, pursuant to Section 33670 to pay such indebtedness or other obligation. This Part X shall supersede any inconsistent provision of the Plan. " I IV. EFFECT OF AMENDMENTS All provisions of the Plan not specifically amended or repealed in this Amendment shall continue in full force and effect. 3200xc.PSo 06/02/94 i -2- i I VAY Q North Richmorui Reaevelopment Project Boundary Description - January, 1987 EXHIBIT A Real property in the unincorporated area of North Richmond, California. Document and map references are to records of Contra Costa County. Beinning at the intersection of the south line of Chesley Avenue (Road No. 25? with the east line of Southern P-acific Railroad right of way, shown on Map of Wall's Second Addition to the City of Richmond filed March 2, 1912 in Map Book 6 at page 140; thence along the south line of Chesley Avenue. South o 890 56' West 2.588.6 feet, to the centerline of York Street (6 M 140); thence along said centerline. South 000 04' East 100 feet, tr the easterly —' prolongation of the north line of Lot 15 (6 M 140); thence along said prolongation and north line, South 890 56' West 125 feet, ':u the northwest CU corner; thence along the west line of Lot 15 and its southerly prolonga- tion, South 000 04' East 125 feet, to the centerline of Gertrude Avenue. (6 M 140); thence along said centerline, North 890 56' East 125 feet, to the C7 centerline of York Street; thence along the centerline of York Street, South 000 04' East 1.310 feet, to the easterly prolongation of the north line of CD Block 2, Map of the Andrade-Gularte Tract filed in Map Book 7 at page 175; thence along said prolongation, north line, and westerly prolongation, North 890 45' West 970.9 feet, to the northwest corner of Block 1 (7 M 175) being 1 a point on the south line of City of Richmond PARCEL THREE recorded April 21, 1978 in Volume 8803 at page 828; thence along the boundary of said City parcel, North 880 51' 40" West 5.10 feet and North 120 51' 10" East 21 fet to the southwest corner - .of Lot 18, Block 237, Wall's Second Addition g6 k 140); thence along the boundary of said Addition, North 110 45' 50" East 7.65 feet, North 600 34' East 196.92 feet, North 130 02' 10" East 1,006.29 feet, North 540 East 224.4 feet, and North 010 45' West 98.16 feet, to the north line of Gertrude Avenue; thence along said north line, North 880 54' 41" West 2,293.06 feet, to the southwest corner of Chevron U.S.A. Inc. (formerly known as Standard Oil Co. of California) parcel recorded April 26, 1961 in Volume 3854 at page 360; thence along the west line thereof, North 854.07 feet. to the northwest corner; thence along the north line thereof and its easterly prolongation, North 860 25' East 620 feet, more or less. to an angle point in the east line of Edward J. Hegarty PARCEL ONE recorded March 26, 1962 in Volume 4083 at page 364; thence along the east line thereof. North b00 O1' 24" West 171.94 feet, to the south line of Golden State Sanwa Bank parcel recorded June 18, 1985 in Volume 12365 at page 62; thence along said south line. South 890 45' West 72.22 feet to the south- west corner; thence along the west line thereof and its. northerly prolonga- tion. North 1,214.4 feet, to the south line of Garden Tract Road granted to Contra Costa County and recorded September 28, 1956 in Volume 2852 at page 423; thence along said south line. West 30 feet, to the southwest corner; thence along the west line of Garden Tract Road, North 000 11' East 1.937 feet. to !the southeast corner of West Contra Costa Sanitary District parcel recorded July 17, 1953 in Volume 2162 at page 82; thence along the boundary thereof. West 580.70 feet and North 733 feet, to the south line of Section 35. Township 2 North, Range 5 West, Mount Diablo Base and Meridian; thence ' 1 i I North 60 feet; thence blest 3,300 feet to the west line of Section 35;- thence Best 1,770 feet, -more or less, to a point on the boundary of State of California parcel recorded April 30. 1981 as EXHIBIT C in Volume 10304 at -page 217; thence along said boundary the following courses: Mouth 120 52' 08" Nest 132.38 feet, North 160 48' 58" East 329.01 feet. Borth 310 01' 19" East 94.34 feet, North 760 42' 32" East 195.26 feet, South 880 02' 57" East 485.64 feet. South 850 41' 40" East 910.51 feet. South 890 27' 214 East 375.13 feet. North 410 37' 51' East 135.88 feet. and North 646.04 feet; thence East 4,370 feet, more or less. to the most western corner of State of California parcel recorded July 18. 1978 in Volume 8928 at page 164; thence .along the boundary of said State parcel, North 640 30' East 105 feet more or less, North 330 00' East 290.4 feet, North 030 East 99 feet. and North 630 30' East 58.74 feet, to the north line thereof, being also the south line of Subdivision 5754 filed June 18, 1982 .-in Map Book 264 at page 36; thence - along said south line and its easterly prolongation. South 890 01' 12" East 2,007 feet, to the east line of 600drick Avenue (264 M 36); thence along said east line, South 010 02' 18" Nest 704.96 feet, to the northwest corner of Minor Subdivision 758-84 filed August 24. 1984 in Parcel Nap Book 111 at page 30; thence South 840 48' 42' East 25.07 feet to the northwest corner of o PARCEL D (111 PM 30); thence along the west lines of PARCEL D and PARCEL C _ (111 PN 30), South 010 02' 18" West 618.81 feet, to a tangent curve, concave to the northeast with a radius of 50 feet; thence along the arc of said curve, Southeasterly 90.12 feet, thru a central angle of 1030 16' 200, to a C� point of reverse curvature (a radial to said point bears North 120 14' 02" West 1.040 feet); thence along the arc of said reverse curve, being also the ( north line of Parr Boulevard, Easterly 607.91 feet, thru a central angle of CJZ 320 29' 280, to the southeast corner of PARCEL B (111 PH 30); thence along CZ) the east line of PARCEL B. North 050 11' 18" East 647.61 feet, to the northeast corner thereof, being also the most southeastern corner of PARCEL A filed January 24, 1973 in Parcel Map Book 26 at page 12; thence along the .east line of PARCEL A. North 040 06' 30" East 1.071.05 feet, to the south- west corner of PARCEL C filed October 3, 1984 in Parcel Map Book 112 at page- -17; thence along the west line of PARCEL C, North 040 16' 30" East 203.78 feet, to the northwest corner; thence along the north line of PARCEL C and its easterly proloncation. South 850 53' 30" East 1,230 feet. more or less. to the east line of Southern Pacific Railroad 125 feet wide right of way; thence along said east line. Southerly 2.245 feet. more or less, to the north line of Parr Boulevard; thence Southerly 82 feet, more or less, to the south line of Parr Boulevard at its intersection with the east line of Southern Pacific Railroad 100 feet wide right of way; thence along said east line, Southerly 2.300 feet, more or less, to the northwest corner of Southern Pacific Railroad Company parcel 872-7-9E Pcl 15; thence along the boundary thereof the following courses: South 670 15' East 23.1 feet. South 480 30' East 52.8 feet, South 710 .45' East 37.6 feet. South 030 45' West 609.14 feet. North 860 15' West 6.5 feet, South 030 45' West 537 feet, and North 890 57' West 100 feet, to the east line of Southern Pacific Railroad 100 feet wide right of way; thence along said east line. South 040 06' 10" West 630 feet and South 030 45' West 507 feet. more or less, to the point of beginning. Excepting therefrom all of 8.43 acre City of Richmond parcel recorded August (. 4. 1972 in Volume 6717 at page 145. 2 I r I 'i ADMINISTRATIVE REPORT To: Members of the Contra Costa County Board of Supervisors From: Jim Kennedy, Deputy Executive Director Date: June 1, 1994 Subject: Ordinance Adopting An Amendment to the Redevelopment Plan for the North Richmond Redevelopment Project Area Pursuant to Health and Safety Code Section 33333 . 6 and Amending A Related Ordinance in Connection Therewith Recommendation: That the Board adopt the attached proposed ordinance (the "Ordinance") amending the Redevelopment Plan for the North Richmond Redevelopment Project Area ("Plan") and amending Ordinance No. 87-50, adopted on July 14 , 1987 ; and direct staff to publish the Ordinance within 15 days in the Contra Costa Times a newspaper of general circulation in the County of Contra Costa. Background: A major redevelopment reform bill, Assembly Bill 1290 ("AB 1290") , was enacted last year by the State Legislature. In addition to a number of other changes to redevelopment law, AB 1290 enacted Health and Safety Code Section 33333 . 6 which imposes certain time limits on all existing redevelopment plans in the state. As more fully discussed below, some of the time limits which are currently contained in the Plan are not in compliance with the provisions of AB 1290. Therefore, the Board must amend the Plan to comply with those statutory deadlines. To comply with AB 1290, the Ordinance adopts a plan amendment (the "Time Limits Amendment") providing for the following new or revised deadlines under the !Plan: Deadline to Incur Debt July 14 , 2007 Deadline for Redevelopment Activities/ Plan Expiration July 14 , 2027* Deadline to Receive Tax Increment July 14 , 2027* i * Text revised to reflect AB 1290 statutory language, but no change in! deadline date from current Plan. 3200KB.P50 06/02/94 -1- Section 33333 . 6 permits the Board to bypass most of the procedures normally required for redevelopment plan amendments. The Board may adopt the proposed Ordinance in accordance with the normal procedures for the enactment of ordinances. Unlike the process for most redevelopment plan amendments, the Board is not required to hold a public hearing or provide notice to project area property owners prior to the adoption of the proposed Ordinance. Adoption of the Ordinance will not cause a change in financial arrangements with affected taxing entities or affect the ability of the Agency to repay debt incurred prior to January 1, 1994 . Pursuant to Public Resources Code Section 21080 (a) and CEQA Guidelines Section 15268 , adoption of the Time Limits Amendment is a ministerial act which does not require CEQA review. Discussion• Some of the deadlines contained in the Plan do not comply with the provisions of Section 33333 . 6 . Therefore, the Time Limits Amendment makes the following changes to the Plan: A. Deadline to Incur Indebtedness. Part VII.0 of the Plan provides that the Agency may incur indebtedness under the Plan until July 14 , 2026, the date that is 39 years after adoption of the Plan in 1987 . Under Section 33333 . 6, the deadline on incurring debt can be no later than 20 years from date of the Plan' s adoption. Because the deadline on incurring, debt in Part VII.0 of the Plan is more than 20 years after adoption of the Plan, the Board must amend the Plan to revise the last day for incurring indebtedness to the date which is 20 years from adoption of the Plan. The Time Limits Amendment therefore fixes the last day to incur indebtedness under the Plan as July 14, 2007 . B. Termination of Effectiveness of Plan. Part X of the Plan provides that the last day on which the Plan will be effective is 40 years from the date of adoption of the Plan. Under Section 33333 . 6 the time limit on the effectiveness of the Plan can be no later than 40 years from adoption of the Plan. Thus, the Plan is generally consistent with Section 33333 . 6 with respect to the time limit on redevelopment activities. However, the Time Limits Amendment revises the effectiveness language of the Plan so it is consistent with Section 33333 . 6. i C. Deadline to Receive Tax Increment. The Plan currently does not contain an explicit deadline for the Agency to receive tax increment. However, Part X of the Plan which limits the effectiveness of the Plan to 40 years after adoption effectively 3200KB.P50 06/02/94 -2- limits the Agency's receipt of tax increment to the date 40 years after adoption of the Plan. Section 33333 . 6 requires that the Plan limit on tax increment receipt be no later than 50 years after adoption of the Plan. Thus, the Plan is consistent with the Section 33333 . 6 time limit on receipt of tax increment. However, the Time Limit Amendment revises the Plan to include an explicit limit on receipt of tax increment as required under Section 33333 . 6. D. No Impairment of Current Debt. As specified in Section 6 of the Ordinance, Section 33333 . 6 and the Time Limits Amendment, the deadlines imposed by the Time Limits Amendment will in no way affect the financial obligations of the Agency as they existed on December 31, 1993 , including the Agency' s obligations to make debt service payments on bonds, or to make payments under pass-through agreements or other contract obligations. r i f a f } fI I { 3200KB.P50 06/02/94 -3- f m — C'3 M @37 C CD > V ru w z m M 0 r C.) 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The legal description of the Project Area is set forth in Exhibit A of the Time Limits Amendment described and incorporated in this Ordinance by reference below; and WHEREAS, the Plan contains time limits for conducting certain redevelopment functions meeting the requirements of the Community Redevelopment Law ("CRL") for such time limits in effect as of the date of adoption and amendment of the Plan; and WHEREAS, Chapter 942 of the Statutes of 1993 ("Chapter 94211) amended the CRL effective January 1, 1994. Among other matters, Chapter 942 adds Health and Safety Code Section 33333.6 to the CAL, requiring the Board of Supervisors to amend the Plan to incorporate specified new and revised time limits for conducting various redevelopment functions; and WHEREAS;_ the Contra Costa County Redevelopment Agency (the "Agency") has analyzed the provisions of the Plan and the time limit requirements of Health and Safety Code Section 33333.6, and has determined that the Plan must be amended to add or revise certain time limits in the manner and to the extent set forth in the staff report prepared in connection with this Ordinance and on file with the Clerk of the Board; and WHEREAS, the Agency has prepared an amendment to the Plan to add or revise the time limits required by Health and Safety Code Section 33333.6 (the "Time Limits Amendment") , a copy of which is on file with the Clerk of the Board; and WHEREAS, the Board of Supervisors desires to amend the Plan in accordance with the terms of the Time Limits Amendment as authorized and directed pursuant to Health and Safety Code Section 33333.6(e) ; and WHEREAS, Health and Safety Code Section 33333.6(e) (2) states: The limitations established in the ordinance adopted pursuant to this section shall apply to the redevelopment plan as if the redevelopment plan had been amended to include those limitation. However, in adopting the ordinance required by this section, neither the legislative body nor the agency is required to comply with 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: SectioniY. The Board of Supervisors hereby finds and declares that the above recitals are true and correct. Section 2. The Time Limits 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. Sectioni3. It is hereby found and determined that the proposed amendments embodied in the Time Limits Amendment are necessary and desirable. The Plan, as adopted by Ordinance No. 87-102 on December 29, 1987, is amended in accordance with the amendments set forth in the Time Limits Amendment. I Section ;4. The Time Limits Amendment is hereby adopted, approved, and designated as part of the official Plan for the Project Area.� It is the purpose and intent of the Board of Supervisors that the Time Limits Amendment be implemented as part of the Plan fpr the Project Area. The Executive Director of the Agency may prepare a document that incorporates the provisions of the Time Limits Amendment into the existing text of the Plan, and �oo .iso tl`�v i i� such document shall then constitute the official Plan for the Project Area. Section 5. To the extent of the amendments set forth in the Time Limits Amendment, this Ordinance amends Ordinance No. 87- 102 adopted on December 29, 1987. Section 6. In accordance with Health and Safety Code Section 33333.6(h) , the Time Limits 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 Time Limits Amendment be construed to affect the right of the Agency to receive property taxes pursuant to Health and Safety Code Section 33670, to pay an indebtedness or other obligation described in this Section 6. Section 7. The Clerk of the Board is hereby directed to file a copy of the Time Limits Amendment with the minutes of this meeting. A copy of this Ordinance and the Time Limits Amendment shall be transmitted to the Agency and the Agency is vested with the responsibility of implementing the Time Limits Amendment. Section 8. The Executive Director of the Agency is hereby directed to record the Ordinance and the Time Limits Amendment in compliance with the provisions of Government Code Section' 27295. Section 9. This Ordinance shall take effect and be in full force from and' after thirty (3 0) days from the date of its final passage. The foregoing ordinance was introduced and read before the Board of Supervisors of the County of Contra Costa at a regular meeting held on November 8 , 1994, and the second reading was held at a regular meeting on December 6 , 1994, where it was finally adopted. Said Ordinance was passed and adopted and ordered published within fifteen (15) days of the date of adoption in the Contra Costa Times, a newspaper of general circulation published in the County of Contra Costa and by the following vote. I AYES: BOARDMEMBERS: Bishop, T lakson and owers NOES: BOARDMEMBERS: None ABSENT: BOARDMEMBERS: Smith and De a ier Tom Powers ,Chair of homas M. ATTEST: Phil Batchelor, th Board of Supervisors. Powers County, Administrator and lerk the Board of pe rs o Putyl Ann Cervelli � i 4 qu-- � WEST PITTSBURG/BAY POINT f F i i { i t When Recorded Return to: Goldfarb & Lipman One Montgomery Street Telesis Tower, 23rd Floor San Francisco, CA 94104 Attn: Linda Manhart NO RECORDING FEE PURSUANT TO GOVERNMENT CODE SECTION 27383 ORDINANCE NO. 94-64 AN ORDINANCE OF THE BOARD OF SUPERVISORS OF 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, AND AMENDING A RELATED ORDINANCE 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 (formerly West Pittsburg) Redevelopment Project Area by Ordinance 87-102, dated December 29, 1987 (the "Redevelopment Plan") establishing the Bay Point (formerly West Pittsburg) Redevelopment Project Area (the "Project Area") . The legal description of the Project Area is set forth in Exhibit A of the Time Limits Amendment described and incorporated in this Ordinance by reference below; and WHEREAS, the Plan contains time limits for conducting certain redevelopment functions meeting the requirements of the Community Redevelopment Law ("CRL") for such time limits in effect as of the date of adoption and amendment of the Plan; and WHEREAS, Chapter 942 of the Statutes of 1993 ("Chapter 94211) amended the CRL effective January 1, 1994. Among other matters, Chapter 94`2 adds Health and Safety Code Section 33333 .6 to the CRL, requiring the Board of Supervisors to amend the Plan to incorporate specified new and revised time limits for conducting various redevelopment functions; and WHEREAS, the Contra Costa County Redevelopment Agency (the "Agency") ;has analyzed the provisions of the Plan and the time limit requirements of Health and Safety Code Section 33333 .6, and has determined that the Plan must be amended to add or revise f r 3200KETS0 06/02/94 -1- w certain time limits in the manner and to the extent set forth in the staff report prepared in connection with this Ordinance and on file with the Clerk of the Board; and WHEREAS, the Agency has prepared an amendment to the Plan to add or revise the time limits required by Health and Safety Code Section 33333.6 (the "Time Limits Amendment") , a copy of which is on file with the Clerk of the Board; and WHEREAS, the Board of Supervisors desires to amend the Plan in accordance with the terms of the Time Limits Amendment as authorized and directed pursuant to Health and Safety Code Section 33333 . 6 (e) ; and WHEREAS, Health and Safety Code Section 33333 .6(e) (2) states: The limitations established in the ordinance adopted pursuant to this section shall apply to the redevelopment plan as if the redevelopment plan had been amended to include those limitation. However, in adopting the ordinance required by this section, neither the legislative body nor the agency is required to comply with 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 Time Limits 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 proposed amendments embodied in the Time Limits Amendment are necessary and desirable. The Plan, as adopted by Ordinance No. 87-102 on -December 29, 1987, ,is amended in accordance with the amendments set forth in the Time Limits Amendment. 4 Section 4. The Time Limits Amendment is hereby adopted, approved, and designated as part of the official Plan for the Project Area. It is the purpose and intent of the Board of Supervisors that the Time Limits Amendment be implemented as part of the Plan for the Project Area. The Executive Director of the Agency may prepare a document that incorporates the provisions of the Time Limits Amendment into the existing text of the Plan, and 3200KET50 06/02/94 -2- such document shall then constitute the official Plan for the Project Area. Section 5. To the extent of the amendments set forth in the Time Limits Amendment, this Ordinance amends Ordinance No. 87- 102 adopted on December 29, 1987. Section 6. In accordance with Health and Safety Code Section 33333 .6(h) , the Time Limits 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 Time Limits Amendment be construed to affect the right of the Agency to receive property taxes pursuant to Health and Safety Code Section 33670, to pay an indebtedness or other obligation described in this Section 6. Section 7. The Clerk of the Board is hereby directed to file a copy of the Time Limits Amendment with the minutes of this meeting. A copy of this Ordinance and the Time Limits Amendment shall be transmitted to the Agency and the Agency is vested with the responsibility of implementing the Time Limits Amendment. Section 8. The Executive Director of the Agency is hereby directed to record the Ordinance and the Time Limits Amendment in compliance with the provisions of Government Code Section 27295. Section 9. This Ordinance shall take effect and be in full force from and after thirty (30) days from the date of its final passage. The foregoing ordinance was introduced and read before the Board of Supervisors of the County of Contra Costa at a regular meeting held on November 8 1994, and the second reading was held at a regular meeting on December 6 , 1994, where it was finally adopted. Said Ordinance was passed and adopted and ordered published within fifteen (15) days of the date of adoption in the Contra Costa Times, a newspaper of general circulation published in the County of Contra Costa and by the following vote. AYES: BOARDMEMBERS: Bishop, TVDeSa and_ Powers NOES: BOARDMEMBERS: None ABSENT: BOARDMEMBERS: Smith and • er rs ,Chair of ATTEST: Phil Batchelor, the Board .of Supervisors County Administrator and FP rk o he Board of erv' s 0 3200 . so Dep y 06/02/94 -3- TIME LIMITS AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE BAY POINT REDEVELOPMENT PROJECT AREA Adopted December 6 , 1994 Ordinance No. 94-64 I. INTRODUCTION The Board of Supervisors of the County of Contra Costa has adopted the Redevelopment Plan for the Bay Point (formerly known as "West Pittsburg") Redevelopment Project Area by Ordinance No. 87-102, dated December 29, 1987 (the "Plan") establishing the Bay Point Redevelopment Project Area (the "Project Area") . The Project Area is described in the attached Exhibit A. The Plan contains time limits for conducting certain redevelopment functions meeting the requirements of the Community Redevelopment Law ("CRL"), for such time limits in effect as of the date of adoption and amendment: of the Plan. Health and Safety Code Section 33333 .6, effective January 1, 1994, requires an amendment to the Plan to incorporate specified new and revised time limits for conducting various redevelopment functions. This Amendment has been prepared to comply with the requirements of Health and Safety Code Section 33333 . 6. II. DELETIONS FROM PLAN A. The paragraph of subsection C ("Tax Increments") of Part VII ("Methods for Financing the Project") of the Plan that formerly read as follows is hereby deleted in its entirety: 111. No advances or indebtedness shall be established or incurred by the Agency after the expiration of 39 ,years from the date upon which this Plan is adopted without further amendment of the Plan. " B. Former Part X of the Plan entitled, "DURATION, " is hereby deleted in its entirety. III. ADDITIONS TO PLAN A new Part X is hereby added to the Plan to read as follows: "X. TIME LIMITATIONS j 'Except as provided in Health and Safety Code Sections 33333 . 6(g) and (h) , and except for any other authority in i 3200KG.PSO 06/02/94 -1- excess of the following limits that may from time to time be granted by statute (which authority shall be deemed to be incorporated into the provisions of the Plan by this reference and shall supersede the following limits) : 1. The time limit on the establishing of loans, advances, and indebtedness shall be December 29, 2007, unless the Plan is amended as permitted by law. This limit, however, shall not prevent the Agency from incurring debt to be paid from the Low and Moderate Income Housing Fund established pursuant to Health and Safety Code Sections 33334 .2 and 33334. 3 or from establishing more debt in order to fulfill the Agency's housing obligations under Health and Safety' Code Section 33413 . This limit also shall not preclude the Agency from receiving tax increment revenue pursuant to Health & Safety Code Section 33670 after expiration of this limit in order to pay any loans, advances or indebtedness established prior to this limit. 2 . The effectiveness of the Plan (including, without limitation, the effectiveness of the Agency' s land use controls for the Project Area under the Plan) shall terminate on December 29, 2027 . After expiration of this time limit on the effectiveness of the Plan, the Agency shall have no authority to act pursuant to the Plan, except to enforce existing covenants, contracts, or other obligations. 3 . The Agency shall not pay indebtedness or receive property taxes pursuant to Health and Safety Code Section 33670 with respect to the Project Area after December 29 , 2027 . The above time limits shall not affect the validity of any bond, indebtedness, or other obligation, including, but not limited to, any 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 this time limit be construed to affect the right of the Agency to receive property taxes, pursuant to Section 33670, to pay such indebtedness or other obligation. ;This Part X shall supersede any inconsistent provision of the Plan. " a 3200KG.P50 06/02/94 -2- IV. EFFECT OF AMENDMENTS All provisions of the Plan not specifically amended or repealed in this Amendment shall continue in full force and effect. i I i I� r e i 3200KG.P50 06/02/94 -3- 1 I i West Pittsburg Redevelopment Protect W.O. 75509 - Boundary Description EXHIBIT A Real property in the unincorporated area of West Pittsburg, California . Document and map references are to records of Contra Costa County. Beginning at the northwest corne►4 of Section 13, Township 2 North, Range 1 West, Mount Diablo Base and Meridian (shown as the southeast corner of Section 11 on the map of Bella Monte Subdivision No. 1 filed March 22, 1927 in Map Book 20 at page 546); thence along the west line of Section 13, South 010 25' West 30 feet, to the south line of Willow Pass Road; thence along said south line, East 1,466 feet , to the northeast corner of Lot 2 , Pittsburg Home Acres Addition recorded March 22; 1938 in Map Book 22 at page 662; thence along the east line of Lot 2, South 000 40' East 12 feet, to the north Tine of Triond parcel recorded February 1, 1985 in Volume 12168 at I page 412; thence along the north line of Triond parcel and its easterly prolongation, East 267 feet, to the northwest corner of Lot 16, Subdivision 4137, Willows Landing, recorded February 25, 1972 in Map Book 144 at page 14; thence along the boundary of Subdivision 4137, South 000 09' 26" :Jest 477.46 feet, South 890 06' 38" East 384 feet, and South 000 09' 20" West 781.89 feet, to the north line of Hanlon Way; thence along said north line , North 190 06' 38" West 651 feet, to the northerly prolongation of the west line of Lot 252 (144 M 14); thence along said prolongation and west line , South 000 10' 03" West 127.98 feet, to an angle point; thence South 000 09' 1 24" West 599.63 feet to an angle point on the west line of Lot 281 ( 144 .1•1 14); thence along said west line and its southerly prolongation, South 00° 09' 30" West 825 feet, more or less , to the south line of State Freeway Route 4; thence along said south line in a general westerly direction 1,490 feet, more or less , to the east line of Section 14 (T2N, R1W); thence along said east dine, South 000 30' East 180 feet, more or less , to the northeast I corner of Lot 57, Subdivision 5346, Hillsdale Unit III , filed September 22, 1978 in Map Book 217 at page 20, being a point on the south line of Contra Costa Canal ; thence along said south line, South 890 42' West 92 feet, South 400 39' West 138.5 feet, South 660 35' West 435.2 feet, North 480 34' West 410.4 feet, South 890 42' West 28.8 feet, and North 480 34' West 535.7 feet, to the most northerly corner of Subdivision 4731, Hillsdale, filed April 19, 1976 in Map Book 183 at page 28; thence along the boundary of Subdivision 4731, South 120 47' 01" West 609.44 feet and North 890 25' 37" West 438.39 r feet, toIthe northeast corner of Frank D. and Carolyn A. Briggs PARCEL TWO recorded !July 7, 1977 in Volume 8407 at page 531; thence along the boundary thereof, North 890 25' 37" West 270.65 feet and South 00° 33' 32" East 90.70 feet, to the northeast corner of Pittsburg Terrace Unit No. 1 filed November 5, 1930 in Map Book 21 at page 604; thence along the north line thereof, South 890 46' West 245 feet, to the northeast corner of Lot 6 (21 14 604) ; thence South 00° 45' East 98.28 feet, to the nurtheast corner of Lot 4 (21 M 604) ; thence along the boundary of Lot 4, South 000 45' East 25 feet, Southwesterly 39.27 feet along the arc of a 25 feet radius curve concave to the northwest, and South 890 15' West 75 feet , to the southeast corner of 2 I. C Lot 3 (21 14 604); thence along the south line of Lot 3 and its westerly prolongation, South 890 15' West 125 feet, to the centerline of Bailey Road (shown• as Dante Road in 21 M 604) being the east 1 ine of the west hal f of Section 14 (T2N, R1W); thence along said east line, North 000 45' West 1,475 feet, more or less , to the north line of State Freeway Route 4; thence along said north line in a general westerly direction 7,250 feet, more or less , to the southeast corner of PARCEL C. of Minor Subdivision 192-68 filed April 22, 1969 in Parcel Map Book 8 at page 12; thence along the east line of PARCEL C, North 120 45' West 77.61 feet, to the easterly prolongation of the south line of Bruce W. and Donna G. Farley parcel recorded August 5, 1974 in Volumel7290 at page 737; thence along said prolongation and south line, t North 470 13' 05" West 418.81 feet, to the southwest corner; thence along the west line of said Farley parcel and its northerly prolongation, North 000 14;' 20" West 120 feet, more or less , to the north line of Camino Andres (8 PM 1 112); thence along said north line in a general northeasterly direction 900 feet, more or less , to the northeast line of Contra Costa Canal ; thence along said northeast line in a general northwesterly direction 1,130 feet, more or less , to the most southerly corner of Subdivision 4663 filed October 20, 11977 in 14ap Book 203 at page 31; thence along the boundary of Subdivision 4663, North 630 37' 26" East 484.20 feet and North 580 33' 46" West 104.95 feet, to the south line of Riverside Drive (203 M 31); thence along said south line, North 660 06' 32" East 2.89 feet, Northeasterly 57.39 feet along the arc of a curve concave to the northwest with a radius of 778 feet and a central angle of 040 13' 35" , Northeasterly 21.94 feet along the 3 arc of a reverse curve concave to the southeast with a radius of 722 feet and a central angle of 010 44' 29" , and North 630 37' 26" East 35.25 feet , to the northeast line of East Bay Municipal Utility District parcel recorded August 30, 1926 in Volume 57 at page 69; thence along said northeast line, 'South 580 33' 55" East 1,469.1 feet , to the north line of Camino Andres; thence along said north line , North 890 54' 26" East 49.36 feet, to its intersection with the west line of Port Chicago Highway as shown on the map of Subdivision 3885 recorded- October 23, 1969 in Map Book 128 at page 29; thence crossing Port Chicago Highway, Easterly 270 feet, more or less , to a point on the north line of Willow Pass Road shown as the easterly terminus of a 150 feet radius curve on the map of Minor Subdivision 11-84 filed December 26, 1984 in Parcel Map Book 113 at page 42; thence along the north line of Willow Pass Road, South 890 07' 28" East 669.98 feet and South 000 52" 32" W est 4.87 feet, to the north line of "Willow Pass Road Widening" parcel shown on the map of Subdivision 5696 filed March 20, 1984 in Map Book 277 at page 18; thence along said north line, South 890 05' 14" East 790.69 feet, to t!heInorth line of ."Willow Pass Road Widening" parcel shown on the map of Subdivision 5534 filed March 20, 1984 in Map Book 277 at page 11; j thence along said north line, South 890 05' 14" East 67.11 feet, South 890 12' 06" East 924.80 feet, and South 890 07' 21" East 0.16 feet, to the east line of Subdivision 5534; thence along said east line and its northerly prolongation, North 010. 10' 36" East 2,538.13 feet , to the northeast corner of SubdivIision 5354 filed March 14, 1979 in Map Book 223 at page 3; thence 9 alon the north line of Subdivision 5354, North 880 50' .18" West 2,633.04 4 G r feet, to the nurth corner of Lot 12 (223 14 3) ; thence along the west line of Lot 12, South 000 55' 16" West 160 feet , more or less , to the easterly prolongation of the south line of Earl W. Smith Developers Ltd. .563 acre parcel (Assessor Parcel Number 098-340-001) recorded January 6, 1969 in Volume 5784 at page 611; thence crossing Port Chicago Highway along said prolongation, North 880 58' 20" West 84 feet, to said south line; thence along said south line, North 880 58' 20" West 145 feet, to the southwest corner; thence along the west line of said .563 acre parcel , North 000 55' East 170 feet, to the south line of Pacifica Avenue; thence along said south line in a general westerly direction 5,100 feet, more or less , to the west line of Driftwood Drive; thence along said west line, North 000 20' West 2,718.46 feet, to the north line of Section 9 (T2N, RlW); thence along said north line, Easterly 1 ,390 feet , more or less , to the south line of Sacramento Northern Railroad right of way; thence along said south line in a I general southeasterly direction 1,350 feet, more or less , to the east line of Section 9; thence along said east line, North 000 54' 45" West 386.36 feet,ito the northeast corner; thence along the west line of Section 3 (T2N, R1W) ,� North 000 O1' 52" West 2,610.96 feet, to the northwest corner of PARCEL 1 filed may 22, 1985 in Licensed Surveyors' MapBook 77 at page 2; thence along the , north line of PARCEL 1, South 880 O1152 East 1 ,255.98 feet and North 860 58' 08" East 750.18 feet, to the northwest corner of PARCEL 2 (77 LSM 2); thence along the boundary of PARCEL 2, North 860 58' 08" East 650.87 feet , and South -000 06' 30" hest 150.30 feet, to the northwest corner of 99 acre American Dredging Company parcel recorded 5 f f I i February 24, 1961 in Volume 3811 at page 237; thence along the boundary of said 99 acre parcel , North 850 11' 30" East 250.04 feet , South 770 53' 30" East 132 feet, North 560 56' 30" East 122 feet, North 700 51' 30" East 139 feet, North 750 16' 30" East 201 feet, North 550 31' 30" East 191 feet , North 150 51' 30" East 196 feet , South 160 35' 52" East 534.37 feet , and South 000 30' 45" West 3,708:74 feet , to the north line of Contra Costa County Water District parcel recorded February 17, 1961 in Volume 3807 at page 369; thence Southerly 300 feet , more or less , to the northeast corner of Interlake Steel Corp. parcel as shown on Record of Survey filed June 1 , 1 1966 ` in Licensed Surveyors' Map Book 42 at page 45 (said northeast corner being a point on the south line of Sacramento Northern Railroad right of way recorded in Book 187 of Deeds at page 360); thence along the south line of Sacramento Northern Railroad right of way in a general easterly directio 5 ,928.22 feet. to the northeast corner of Poinsettia Land Company West Pittsburg Tract Unit No. 1 filed June 8, 1926 in Map Book -19 at page 506; thence along the east line of said Tract, South 000 50' West 531.64 feet, to thenorth line of Horace and Theresa Siino PARCEL TWO recorded October 24, 1944 in Volume 796 at page 488;- thence along said north line and its easterly prolongation, South 890 48' East 485.48 feet , to the northwest corner of Bella Monte Subdivision No. 2 filed April 2, 1929 in Map Book 21 at page 584; thence along the boundary thereof, South 890 43' East 847.87 fee It and South 010 25' West 644.50 feet, to the northeast corner of Bella Mote Subdivision No. 1 (20 M 546); thence along the east line thereof, South 010 25' West 455.11 feet, to the point of beginning. 6 Excluding therefrom: All of Willow Glen Subdivision 5064 recorded October 25, 1978 in Map Book. 218 at page 31 except that 55 feet wide strip of land shown as "Bailey Road Widening" (218 M 31) . LB:sj DescWPitt 1/08/87 6/03/87 7/09/87 8/10/87 8/17/87 i i t 7 F ADMINISTRATIVE REPORT To: Members of the Contra Costa County Board of Supervisors From: Jim Kennedy, Deputy Executive Director Date: June 1, 1994 Subject: Ordinance Adopting An Amendment to the Redevelopment Plan for the Bay Point Redevelopment Project Area (formerly known as the West Pittsburg Redevelopment Project Area) Pursuant to Health and Safety Code Section 33333 . 6 and Amending A Related Ordinance in Connection Therewith Recommendation: That the Board adopt the attached proposed ordinance (the "Ordinance"f) amending the Redevelopment Plan for the Bay Point Redevelopment Project Area (the "Plan") and amending Ordinance No. 87-102 , adopted on December 29 , 1987 ; and direct staff to publish the Ordinance within 15 days in the Contra Costa Times a newspaper of general circulation in the County of Contra Costa. Background: A major redevelopment reform bill, Assembly Bill 1290 ("AB 1290") , was enacted last year by the State Legislature. In addition to a number of other changes to redevelopment law, AB 1290 enacted Health and Safety Code Section 33333 . 6 which imposes certain time limits on all existing redevelopment plans in the state. I As more fully discussed below, some of the time limits which are currently contained in the Plan are not in compliance with the provisions of AB 1290. Therefore, the Board must- amend the Plan to comply with those statutory deadlines. To comply with AB 1290, thelOrdinance adopts a plan amendment (the "Time Limits Amendment") providing for the following new or revised deadlines under thePlan: Deadline to Incur Debt: December 29 , 2007 Deadline for Redevelopment Activities/ PlanlExpiration: December 29 , 2027* Deadline to Receive Tax Increment: December 29 , 2027* * Text revised to reflect AB 1290 statutory language, but not change in deadline date from current Plan. 3200KF.P50 06/02/94 -1- Section 33333 . 6 permits the Board to bypass most of the procedures normally required for redevelopment plan amendments. The Board may adopt the proposed Ordinance in accordance with the normal procedures for the enactment of ordinances. Unlike the process for most redevelopment plan amendments, the Board is not required to hold a public hearing or provide notice to project area property owners prior to the adoption of the proposed Ordinance. Adoption of the Ordinance will not cause a change in financial arrangements with affected taxing entities or affect the ability of the Agency to repay debt incurred prior to January 1, 1994 . Pursuant to Public Resources Code Section 21080 (a) and CEQA Guidelines Section 15268, adoption of the Time Limits Amendment is a ministerial act which does not require CEQA review. Discussion• Some of the deadlines contained in the Plan do not comply with the provisions of Section 33333 . 6. Therefore, the Time Limits Amendment makes the following changes to the Plan: A. Deadline to Incur Indebtedness. Part VII.0 of the Plan provides that the Agency may incur indebtedness under the Plan until December 29 , 2026, the date that is 39 years after adoption of the Plan in 1987 . Under Section 33333 . 6, the deadline on incurring debt can be no later than 20 years from date of the Plan' s adoption. Because the deadline on incurring debt in Part VII.0 of the Plan is more than 20 years after adoption of the Plan, the Board must amend the Plan to revise the last day for incurring indebtedness to the date which is 20 years from adoption of the Plan. The Time Limits Amendment therefore fixes the last day to incur indebtedness under the Plan as December 29 , 2007 . B. Termination of Effectiveness of Plan. Part X of the Plan provides that the last day on which the Plan will be effective is 40 years from the date of adoption of the Plan. Under Section 33333 . 6 the time limit on the effectiveness of the Plan can be no later than 40 years from adoption of the Plan. Thus, the Plan is generally consistent with Section 33333 . 6 with respect to the time limit on redevelopment activities. However, the Time Limits Amendment revises the effectiveness language of the Plan so it is consistent with Section 33333 . 6. s C. {Deadline to Receive Tax Increment. The Plan currently does not contain an explicit deadline for the Agency to receive tax increment. However, Part X of the Plan which limits the effectiveness of the Plan to 40 years after adoption effectively limits the Agency' s receipt of tax increment to the date 40 years after adoption of the Plan. Section 33333 . 6 requires that the 3200KF.P50 06/02/94 -2- 1 t Plan limit on tax increment receipt be no later than 50 years after adoption of the Plan. Thus, the Plan is consistent with the Section 33333 . 6 time limit on receipt of tax increment. However, the Time Limit Amendment revises the Plan to include an explicit limit on receipt of tax increment as required under Section 33333 . 6. D. No Impairment of Current Debt. As specified in Section 6 of the Ordinance, Section 33333 . 6 and the Time Limits Amendment, the deadlines imposed by the Time Limits Amendment will in no way affect the financial obligations of the Agency as they existed on December 31, 1993 , including the Agency' s obligations to make debt service payments on bonds, or to make payments under pass-through agreements or other contract obligations. 3200KF.P50 06/02/94 -3- m h zZ mn r O � - 2Cn - 0 0 o Icn co ZC/) >. 0)C OZM -t Q' rn' c C) Z C m N• rb z C> O ado Z ((DD � C m sv 1 m 0 m N► N CT cn V V V c�� CD z r M 1 Cn k D 3 0 O Cl)C n 0 rt # CO 1-z Om CID SD M CID m N l I . }� trrJ m Z Un � D � (D B U' 7' C) C� Ln O n m SD U- P- (D Iqv r O m w 0 Z o rt W (D -M 0 M �. 1O Fah A�1 'T1 I:u (a F C X�0 r- � >y t� fZ� l (D � � m 2� y � � L'oDCD ; N m 0 In t1 K D Z - cn< - m U3 C 'C 1 m 70m p '� OwZ- 5 � #(CO) (D �'t3 t � mn Oc m wV0v' �, 0 � 0 �= m� � Ovzm < Wo�'D: SD � -I m �rt I' p fn �p Z Lu. II �p =3 10 W €(D 1 ! Z � b C� m cn n d m A' O m Z f H. �3' (D 'D F-I Cl) O z z z � z rt m z O F . rt �D 1rt j0 Z (D D H (D v H m w � � O D x d Amyy ~ Z H li,d O t k.o n H n O i > t� Fiun co Cr (D 'A Ln O 70 � (D �P) cn � rn m nC D CA j }~ O rt 10 '{ >� X G)m Dpco �� 0 m a z z 0 mmr rt }0 (D m z !� ( n n v �r �:5 W rn 0m q v x v O ?¢ (t - O2 0X O 1 0 -0 z O ( O D m C] m ( �CO M O i--� O z n z (D m -i = m z Fl O � y � x I- D U) Z 0 Fi' D b Oz O IO O D C x m x O m m C> m rt F d -i m ( (A O (D t-' v x m 3 O mW (D F-H, n v v I ! 11 z --1 .--j (D w3 > �: w (t > v_ o) > O 00 Co ai 0 t-H m N (D n D D z Ei v D C € € F Vis^ -' -� -•i v s < vm C a F- D (D z- �77 C- xO ai0 ~ €€ }} I F- Co Corn z. mm I 1 C mIM W�� t s Cl) eco a et to: Gold rb &/aManhart ' man One tgStree VSan si T , 3rd to r Fra c , 4104 L NO �ING� URSU T TOSE ON 27383 'ORDINANCE NO. 94-65 AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA ADOPTING AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE OAKLEY REDEVELOPMENT PROJECT AREA PURSUANT TO HEALTH AND SAFETY CODE SECTION 33333 .6, AND AMENDING A RELATED ORDINANCE 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 Oakley Redevelopment Project Area by Ordinance 89-89, dated December 21, 1989 (the "Redevelopment Plan") establishing the Oakley Redevelopment Project Area (the "Project Area") . The legal description of the Project Area is set forth in Exhibit A of the Time Limits Amendment described and incorporated in this Ordinance by. reference below; and WHEREAS; the Plan contains time limits for conducting certain redevelopment functions meeting the requirements of the Community Redevelopment Law ("CRL") for such time limits in effect as of; the date of adoption and amendment of the Plan; and 4 WHEREAS; Chapter 942 of the Statutes of 1993 ("Chapter 94211) amended the CRL effective January 1, 1994. Among other matters, Chapter 942 adds Health and Safety Code Section 33333.6 to the CRL, requiring the Board of Supervisors to amend the Plan to incorporate specified new and revised time limits for conducting various redevelopment functions; and WHEREAS; the Contra Costa County Redevelopment Agency (the "Agency") has analyzed the provisions of the Plan and the time limit requirements of Health and Safety Code Section 33333 .6, and has determined that the Plan must be amended to add or revise certain time limits in the manner and to the extent set forth in 00 0 { the staff report prepared in connection with this Ordinance and on file with the Clerk of the Board; and WHEREAS, the Agency has prepared an amendment to the Plan to add or revise the time limits required by Health and Safety Code Section 33333.6 (the "Time Limits Amendment") , a copy of which is on file with the Clerk of the Board; and WHEREAS, the Board of Supervisors desires 'to amend the Plan in accordance with the terms of the Time Limits Amendment as authorized and directed pursuant to Health and Safety Code Section 33333.6(e) ; and WHEREAS, Health and Safety Code Section 33333 .6(e) (2) states: The limitations established in the ordinance adopted pursuant to this section shall apply to the redevelopment plan as� if the redevelopment plan had been amended to includelthose limitation. However, in adopting the ordinance required by this section, neither the legislative body nor' the agency is required to comply with Article 12 (commencing with Section 33450) or any other provision of this part relating to the amendment of redevelopment plans. s NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY 'OF CONTRA COSTA: Section�-l. . The Board of Supervisors hereby finds and declares that the above recitals are true and correct. Section 2 . The Time Limits 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. Sectionl3 . It is hereby found and determined that the proposed amendments embodied in the Time Limits Amendment are necessary and desirable. The Plan, as adopted by Ordinance No. 89-89 on December 21, 1989, is amended in accordance with the amendments sIet forth in the Time Limits Amendment. Section 4. The Time Limits Amendment is hereby adopted, approved, and designated as part of the official Plan for the Project Area. It is the purpose and intent of the Board of Supervisors that the Time Limits Amendment be implemented as part of the Planifor the Project Area. The Executive Director of the Agency may prepare a document that incorporates the provisions of the Time Limits Amendment into the existing text of the Plan, and 3 0 • such document shall then constitute the official Plan for the Project Area. Section 5. To the extent of the amendments set forth in the Time Limits Amendment, this Ordinance amends Ordinance No. 89-89 adopted on December 21, 1989. Section 6. In accordance with Health and Safety Code Section 33333. 6(h) , the Time Limits 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' Time Limits Amendment be construed to affect the right of the Agency to receive property taxes pursuant to Health and Safety Code Section 33670, to pay an indebtedness or other obligation described in this Section 6. Section 7. The Clerk of the Board is hereby directed to file a copy of the Time Limits Amendment with the minutes of this meeting. A copy of this Ordinance and the Time Limits Amendment shall be transmitted to the Agency and the Agency is vested with the responsibility of implementing the Time Limits Amendment. Section 8. The Executive Director of the Agency is hereby directed to record the Ordinance and the Time Limits Amendment in compliance with the provisions of Government Code Section 27295. Section 9. This Ordinance shall take effect and be in full force from and after thirty (30) days from the date of its final passage. I The foregoing ordinance was introduced and read before the Board of Supervisors of the County of Contra Costa at a regular meeting held on November 8 , 1994, and the second reading was held at a regular meeting on December 6 , 1994, where it was finally adopted. Said Ordinance was passed and adopted and ordered published within fifteen (15) days of the date of adoption in the Contra Costa Times, a newspaper of general circulation published in the County of Contra Costa and by the following vote. AYES: BOARDMEMBERS: Bishop Torlak n and Powers NOES: BOARDMEMBERS: None ABSENT BOARDMEMBERS: Smith nd D ulni omas M. Powers Tom Powers ,Chair of ATTEST: Phil Batchelor, the Board of Supervisors CountylAdministrator and AAlerk of the Board of pervif s 0 By: pu Ann tervelli .7 — 1 70C 3 3 M M> m m rn Zr rno r -V - 2Cn o Om OO y 3 rn in c= Nm N n ZcmN ro mo z c•- - CL CD ' 3 o O cnc � C) � � c � CD W s Q) v n Q � 3 mZ Z (D 0 � = Q: v m m N --1 .� a o ~ O t1 MOO � CD Q O t7 G7 C m Ln O (� m m w O z D Cr ft pi (D t1 m m El 0 m C M CD O � W' m m 70 F-' C D, , D v► � w � (D Ooj ((D trcJ m _� m CA rn —� cnOym N m p�. 01 �D K y Z y N - m (m "C C 10 (D H m y 70!n o -< O w-- Cf)E ((D x'7 7 mn C)OC m w44 v D �' I-ho o T� O� �oOvzm < �o<m cm w o � zs O -o vc wo—'D mco rt rt I�SD z ti Z ~I O 5 P �O Z-�-1 f„ � (D � Z c ro 3 O SL (D �t m p� O < m N ti' � m ~ Cl) O H o -' nz m rt o tij K C) x C) O Irt {t z (D A OU) (D �-3m ^^ z �-7 C � i0-h � 3 (D �O I { s✓ ! to c ((DD �/+ N. rt N h F Ui o t� (D W �m C) Fl rt � c F- : -i D O9 p(n c t O # CD Mm c K— X L)m D� s O m m r Cr "C3 Cz � E �� m C7 m ({� t c C�m z c 0 D m m O y (D ¢ p m o� mn m D -u Z -1 :1) m M_ x m t� O c m 0 O CZ i :0y0� x v _ �m N <cn Z O n ro 0 O o o o D- � �'- 7C m x O m m o m y N rt C7 H m m ( m O (D t' v x mLA)r-h 0 W � v � � v � ct > v_ ami y e t =� n .� � Cr H < I D (D (D n CO tv n CD w 00 m S Z rb t=] z (� ; ' ' m co A� O Mn z� �m <;. c m c n x1 v v C �, �� Zs m> CL CO A N I I N O �z, mz I 1lD mW m �� t 1 � f a y O�•: eco a et to: Gold rXy & L' man One tgom Stree Tel si Tow r, 3rd to r San Fra ci co, 4104 t L Manhart NO ING URS U T TO ODE SE ON 27383 ORDINANCE NO. 94-65 AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA ADOPTING AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE OAKLEY REDEVELOPMENT PROJECT AREA PURSUANT TO HEALTH AND SAFETY CODE SECTION 33333.6, AND AMENDING A RELATED ORDINANCE 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 Oakley Redevelopment Project Area. by Ordinance 89-89, dated December 21, 1989 (the "Redevelopment Plan") establishing the Oakley Redevelopment Project Areal (the "Project Area") . The legal description of the Project Area is set forth in Exhibit A of the Time Limits Amendment described and incorporated in this Ordinance by. reference below; and WHEREAS, the Plan contains time limits for conducting certain redevelopment functions meeting the requirements of the Community Redevelopment Law ("CRL") for such time limits in effect as of! the date of adoption and amendment of the Plan; and WHEREAS; Chapter ,942 of the Statutes of 1993 ("Chapter 94211) amended the CRL effective January 1, 1994. Among other matters, Chapter 942 adds Health and Safety Code Section 33333.6 to the CRL, requiring the Board of Supervisors to amend the Plan to incorporate specified new and revised time limits for conducting various redevelopment functions; and WHEREAS; the Contra Costa County Redevelopment Agency (the "Agency") has analyzed the provisions of the Plan and the time limit requirements of Health and Safety Code Section 33333.6, and has determined that the Plan must be amended to add or revise certain time limits in the manner and to the extent set forth in 1 00 0 i the staff report prepared in connection with this Ordinance and on file with the Clerk of the Board; and WHEREAS, the Agency has prepared an amendment to the Plan to add or revise the time limits required by Health and Safety Code Section 33333.6 (the "Time Limits Amendment") , a copy of which is on file with the Clerk of the Board; and WHEREAS, the Board of Supervisors desires 'to amend the Plan in accordance with the terms of the Time Limits Amendment as authorized and directed pursuant to Health and Safety Code Section 33333.6(e) ; and WHEREAS, Health and Safety Code Section 33333.6(e) (2) states: The limitations established in the ordinance adopted pursuant to this section shall apply to the redevelopment plan as' if the redevelopment plan had been amended to include those limitation. However, in adopting the ordinance required by this section, neither the legislative body nor the agency is required to comply with 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�l. . The Board of Supervisors hereby finds and declares that the above recitals are true and correct. Section 2 . The Time Limits 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. Section13 . It is hereby found and determined that the proposed amendments embodied in the Time Limits Amendment are necessary and desirable. The Plan, as adopted by Ordinance No. 89-89 on December 21, 1989, is amended in accordance with the amendments set forth in the Time Limits Amendment. Sectioni4. The Time Limits Amendment is hereby adopted, approved, and designated as part of the official Plan for the Project Area. It is the purpose and intent of the Board of Supervisors that the Time Limits Amendment be implemented as part of the Plan for the Project Area. The Executive Director of the Agency may prepare a document that incorporates the provisions of the Time Limits Amendment into the existing text of the Plan, and 3 / mA 94 O I � n • such document shall then constitute the official Plan for the Project Area. Section 5. To the extent of the amendments set forth in the Time Limits Amendment, this Ordinance amends Ordinance No. 89-89 adopted on December 21, 1989. Section 6. In accordance with Health and Safety Code Section 33333.6(h) , the Time Limits 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 Time Limits Amendment be construed to affect the right of the' Agency to receive property taxes pursuant to Health and Safety Code Section 33670, to pay an indebtedness or other obligation described in this Section 6. Section ' 7. The Clerk of the Board is hereby directed to file a copy of the Time Limits Amendment with the minutes of this meeting. A copy of this Ordinance and the Time Limits Amendment shall be transmitted to the Agency and the Agency is vested with the responsibility of implementing the Time Limits Amendment. Section '8. The Executive Director of the Agency is hereby directed to record the Ordinance and the Time Limits Amendment in compliance with the provisions of Government Code Section 27295. Section 19. This Ordinance shall take effect and be in full force from and after thirty (30) days from the date of its final passage. { The foregoing ordinance was introduced and read before the Board of Supervisors of the County of Contra Costa at a regular meeting heldjon November 8 , 1994, and the second reading was held at a regular meeting on December 6 , 1994, where it was finally adopted. Said Ordinance was passed and adopted and ordered published within fifteen (15) days of the date of adoption in the Contra Costa Times, a newspaper of general circulation published in the County of Contra Costa and by the following vote. AYES: BO 'ARDMEMBERS: Bishop Torlak n anfd Powers NOES: BOARDMEMBERS: None ABSENT: BOARDMEMBERS: Smith nd D ulni omas M. Powers Tom Powers ,Chair of ATTEST: Phil Batchelor, the Board of Supervisors CountylAdministrator and Ilerk of the Board of rvif s 0 By: pu I nn Cerve 11 i -- 1 0 1 4 94- � � OAKLEY I i r i 1 • i i When Recorded Return to: Goldfarb & Lipman One Montgomery Street Telesis Tower, 23rd Floor San Francisco, CA 94104 Attn: Linda Manhart NO RECORDING FEE PURSUANT TO GOVERNMENT CODE SECTION 27383 ORDINANCE NO. 94-65 AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA ADOPTING AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE OAKLEY REDEVELOPMENT PROJECT AREA PURSUANT TO HEALTH AND SAFETY CODE SECTION 33333 . 6, AND AMENDING A RELATED ORDINANCE 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 Oakley Redevelopment Project Area by Ordinance 89-89, dated December 21, 1989 (the "Redevelopment Plan") establishing the Oakley Redevelopment Project Area (the "Project Area") . The legal description of the Project Area is set forth in Exhibit A of the Time Limits Amendment described and incorporated in this Ordinance by. reference below; and I WHEREAS, the Plan contains time limits for conducting certain redevelopment functions meeting the requirements of the Community Redevelopment Law ("CRL") for such time limits in effect as of the date of adoption and amendment of the Plan; and WHEREAS, Chapter 942 of the Statutes of 1993 ("Chapter 94211) amended the CRL effective January 1, 1994. Among other matters, Chapter 942 adds Health and Safety Code Section 33333.6 to the CRL, requiring the Board of Supervisors to amend the Plan to incorporate specified new and revised time limits for conducting various redevelopment functions; and WHEREAS, the Contra Costa County Redevelopment Agency (the "Agency") ;has analyzed the provisions of the Plan and the time limit requirements of Health and Safety Code Section 33333.6, and has determined that the Plan must be amended to add or revise certain time limits in the manner and to the extent set forth in { i 320OKLPSO 06/02/94 -1- the staff report prepared in connection with this Ordinance and on file with the Clerk of the Board; and WHEREAS; the Agency has prepared an amendment to the Plan to add or revise the time limits required by Health and Safety Code Section 33333.6 (the "Time Limits Amendment") , a copy of which is on file with the Clerk of the Board; and WHEREAS, the Board of Supervisors desires to amend the Plan in accordance with the terms of the Time Limits Amendment as authorized and directed pursuant to Health and Safety Code Section 33333 .6(e) ; and WHEREAS, Health and Safety Code Section 33333 .6(e) (2) states: The limitations established in the ordinance adopted pursuant to this section shall apply to the redevelopment plan as if the redevelopment plan had been amended to include those limitation. However, in adopting the ordinance required by this section, neither the legislative body nor the agency is required to comply with 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 Time Limits 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 proposed amendments embodied in the Time Limits Amendment are necessary and desirable. The Plan, as adopted by Ordinance No. 89-89 on December 21, 1989, is amended in accordance with the amendmentsfset forth in the Time Limits Amendment. I Section 4. The Time Limits Amendment is hereby adopted, approved, and designated as part of the official Plan for the Project Area. It is the purpose and intent of the Board of Supervisors that the Time Limits Amendment be implemented as part of the Plan for the Project Area. The Executive Director of the Agency mayl prepare a document that incorporates the provisions of the Time Limits Amendment into the existing text of the Plan, and 320OKLPSO 06/OW94 -2- such document shall then constitute the official Plan for the Project Area. Section15. To the extent of the amendments set forth in the Time Limits Amendment, this Ordinance amends Ordinance No. 89-89 adopted on December 21, 1989. Section 6. In accordance with Health and Safety Code Section 33333.6(h) , the Time Limits 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 Time Limits Amendment be construed to affect the right of the Agency to receive property taxes pursuant to Health and Safety Code Section 33670, to pay an indebtedness or other obligation described in this Section 6. Section 7. The Clerk of the Board is hereby directed to file a copylof the Time Limits Amendment with the minutes of this meeting. A ,copy of this Ordinance and the Time Limits Amendment shall be transmitted to the Agency and the Agency is vested with the responsibility of implementing the Time Limits Amendment. Section 8. The Executive Director of the Agency is hereby directed tolrecord the Ordinance and the Time Limits Amendment in compliance with the provisions of Government Code Section 27295. Section 9. This Ordinance shall take effect and be in full force from and after thirty (30) days from the date of its final passage. The foregoing ordinance was introduced and read before the Board of Supervisors of the County of Contra Costa at a regular meeting held on November 8 , 1994, and the second reading was held at a regular meeting on December 6 , 1994, where it was finally adopted. Said Ordinance was passed and adopted and ordered published within fifteen (15) days of the date of adoption in the Contra Costa Times, a newspaper of general circulation published in the County of Contra Costa and by the following jote. AYES: BOARDMEMBERS: Bishop, Torlak on a d Powers NOES: BOARDMEMBERS: Non ABSENT: BOARDMEMBERS: Smi h and D aulni r t Tom Powers ,Chair of ATTEST: Phil Batchelor, the Board of Supervisors County Administrator and Clerk of the Board of Supervisors By: --Deputy -3- . i TIME LIMITS AMENDMENT TO THE REDEVELOPMENT PLAN ;FOR THE OAKLEY REDEVELOPMENT PROJECT AREA Adopted December 6 , 1994 Ordinance No. 94-65 I. INTRODUCTION The Board of Supervisors of the ,County of Contra Costa has adopted the Redevelopment Plan for the Oakley Redevelopment Project by Ordinance No. 89-89, dated December 21, 1989 (the "Plan") establishing the Oakley Redevelopment Project Area (the "Project Area") . The Project Area is described in the attached Exhibit A. The Plan contains time limits for conducting certain redevelopment functions meeting the requirements of the Community Redevelopment Law ("CRL") for such time limits in effect as of the date of adoption and amendment of the Plan. Health and Safety Code Section 33333 .6, effective January 1, 1994, requires an amendment to the Plan to incorporate specified new and revised time limits for conducting various redevelopment functions. This Amendment has been prepared to comply with the requirements of Health andiSafety Code Section 33333.6. II. DELETIONS FROM PLAN A. The paragraph of subsection C ("Tax Increments") of Part VII (!'Methods for Financing the Project") of the Plan that formerly read as follows is hereby deleted in its entirety: !11. No advances or indebtedness shall be established or incurred by the Agency after the expiration of 39 years from the date upon which this Plan is adopted {without further amendment of the Plan." B. Former Part X of the Plan, entitled "DURATION, " is hereby deleted in its entirety. I III. ADDITIONS TO PLAN A new Part X is hereby added to the Plan to read as follows: "X. iTIME LIMITATIONS Except as provided in Health and Safety Code Sections 33333 .6(g) and (h) , and except for any other authority in excess of the following limits that may from time to time be 3200104.PSO 06/02/94 -1- ` granted by statute (which authority shall be deemed to be incorporated into the provisions of the Plan by this reference and shall supersede the following limits) : 1. The time limit on the establishing of loans, advances, and indebtedness shall be December 21, 2009, . unless the Plan is amended as permitted by law. This limit, however, shall not prevent the Agency from incurring debt to be paid from the Low and Moderate Income Housing Fund established pursuant to Health and Safety Code Sections 33334.2 and 33334.3 or from establishing more debt in order to fulfill the Agency's housing obligations under Health and Safety Code Section 33413 . This limit also shall not preclude the Agency from receiving tax increment revenue pursuant to Health & Safety Code Section 33670 after expiration of this limit in order to pay any loans, advances or indebtedness established prior to this limit. 2 . The effectiveness of the Plan (including, without limitation, the effectiveness of the Agency's land use controls for the Project Area under the Plan) shall terminlate on December 21, 2029 . After expiration of this time 11imit on the effectiveness of the Plan, the Agency shall have no authority to act pursuant to the Plan, except to enforce existing covenants, contracts, or other _ obligations. 3 . The Agency shall not pay indebtedness or receive property taxes pursuant to Health and Safety Code Section 33670 with respect to the Project Area after Decemer 21, 2029. The above time limits shall not affect the validity of any bond, indebtedness, or other obligation, including, but not limited to, any agreement entered into pursuant to Health and Safety Code Section 33401, authorized by the Boardjof Supervisors or the Agency prior to January 1, 1994 . Nor shall this time limit be construed to affect the right of the Agency to receive property taxes, pursuant to. Section 33670 to pay such indebtedness or other obligation. This Part X shall supersede any inconsistent provision of the Plan. " I I IV. EFFECT OF AMENDMENTS All provisions of the Plan not specifically amended or repealed in this Amendment shall continue in full force and effect. 32001(M.P50 06/02/94 -2- EXHIBIT "A" CA= PFU= BazOary Description A portion of Sections 21 thru 28 and 36, T2N, R2E, and a portion of Sections 30 & 31, T2N, R3E, Mount Diablo Base arra Meridian, situated in the unincor- porated area of Contra Costa County, California arra gibed as follows: Reference to maps, docents, boundary lines, and ownerships are to Official Records of said County. Beginning in the northeast quarter of Section 21, T2N, R2E at the intersec- tion of the east line of State Freeway 4 with the south line of Atchison TcpPJm and Santa Fe Railroad Company right of way. (Said intersection is shown as the most northwesterly corner of PARCEL "E" filed May 3, 1967 in Licensed Surveyor's Map Book 47 at page 50.) Thence along the south line of said Railroad Company riot of way, south 79050' east 530 feet, more or less, to the east line of Read; thence along said east line, south 00003120" east 918.85 feet, to the north- west corner of Maurice and Geneva Lodge parcel recorded February 14, 1984 in Volume 11654 at page 20; thence along the boundary of said Lodge parcel, north 89024' east 625 feet and south 00013' west 430 feet, to the north line of State Highway; thence along said north line, easterly 4,300 feet, more or less, to the northeasterly line of Atchison Zbpeka and Santa Fe Railroad Ccepany right of way; thence along said northeasterly line in a general southeasterly direction 12,300 feet, more or less, to the west line of Marsh Creek right of way described in PARCEL 1 to Contra Costa County Flood Control and Water Conservation District recorded December 31, 1965 in Volume 5012 at page 341; thence along the west line of Marsh Creek right of way (as described in Volume 5012 at page 341 and continued in Volume 4678 at page 485) in a general southerly direction 2,000 feet, more or less, to the south line of PARCEL "D" filed May 27, 1965 in Licensed Surveyor's Map Book 34 at page 40; thence along said south line, south 89054' west 481.58 feet, to the east line of Almond Avenue; thence along said east line in a general southerly direction 3,400 feet, more or less, to the south lire of Gilda Mae MunnaUy parcel recorded March 24, 1960 in Volume 3583 at page 254; thence along said south line, east 1,292.49 feet, to the west line of Subdivision M5 18-81 filed January 12, 1982 in Parcel Map Book 99, at page 21; thence along said west line, South 0004210511 west 670.87 feet, to the northwest corner of Subdivision MS 63-77 filed August 1, 1978 in Parcel Map Book 68 at page 25; thence along the boundary of M5 63-77, south 00046111" west 652.57 feet and south 89029123" east 1,322.24. feet, to the northeast corner of PARCEL "C" filed May 31, 1966 in Licensed Surveyor's Map Book 42 at page 43;; thence along the boundary of PARCEL "C", south 00012' west 505.62 feet 'and west 228.82 feet; thence along the boundary of PARCEL, "B" (42 ISN: 43) West 215.7 feet and north 00028130" east 9.85 feet, to the northeast corner of Subdivision MS 101-70 filed April 21, 1971 in Parcel Map Book 16 at, page 20; thence along the north line of MS 101-70, south 89023145" west 2,171.08 feet, to the east line of Almond Avenue; thence crossing Almond Avenue, westerly 53 feet, more or 1ess, to the southeast OAI= F =DHIERr PR JEM%—BQaNDAFRY ICK corner of Lawrence arra Lillian P. Smith parcel recorded August 7, 1.967 in Volume 5426 at page 159; thence along the south line of said Smith parcel and along the prolongation thereof, west 1,565.6 feet, to the southwest corner of Melvin H. and Bobbie Jo Treat parcel recorded Mare 291 1963 in Volume 4333 at page 652; thence along the west line of said Treat parol and along the prolongation thereof, north 512.64 feet, to the northwest corner of subdivision MS 14-85 filed October 21, 1985 in Parcel Map Book 119 at page 8; thence along the north line of HS 14-85 and along the prolongation thereof, south 89028128" east 1,558 feet, to the west line of Almond Avenue; thence along said west line in a general northerly direction 5,000 feet, more or less, to the south line of PAR(, , "A" Tract 6356 filed September 14, 1983 in Map Book 273 at page 3; thence along the south line and wast line of said PARCM "A", westerly and northerly a total of 1,624.61 feet, to the south line of West Cypress Road; thence along said south line in a general westerly direction 6,000 feet, more or less, to the southerly prolongation of the wast line of Tract 2238 filed March 29, 1961 in Map Book 82 at page 3; thence along said prolongation arra west line, north 0005314511 east 165 feet, to the north line of Tract 2238; thence along said north line arra along the prolongation thereof, south 89014155" east 1,047.81 feet, to the northeast corner of Lenny T. and Joanne L. Byer parcel recorded February 8, 1966 in Volume 5053 at page 81; thence along the prolongation of the east line of said Byer parcel, north 264.96 feet, to the south line of Tract 3853 filed June 30, 1969 in Map Book 126 at page 48; thence along said south lire, north 8901413011 west 30 feet, more or less, to the most southeasterly corner of Tract 6865 filed November 17, 1987 in Map book 318 at page 10; thence along the boundary of Tract 6865, north 00053157" east 253.74 feet, north 89007102" west 482.25 feet, north 00053157" east 1,446.97 feet, with 89007102" east 482.25 feet, north 00053157" east 156 feet, north 89007102" west 723.76 feet, and south 00052158" west 1,858.32 feet, to the southwest corner of Tract 6865, being also the southeast corner of Albert Rcmiti parcel recorded July 29, 1987 in Volume 13804 at page 66; th--ice north 8901414411 west 282.61 feet to the southwest corner of said Rommi--i parcel; thence along the wast line thereof and its prolongation, north 00052115" east 979.92 feet, to the south line of Daniel D. and Bonnie V. McLain parcel recorded April 16, 1965 in Volume 4848 at page 393; thence along said south line, west 16.5 feet, to the east line of Tract 5500 filed November 12, 1980 in Map Booki247 at page 28; thence along said east line, north 00053138" east 951.71 feet, to the southeast corner of Lot 85 (247 M 28) ; thence along the boundary of Int 85, north 8900612211 west 200.01 feet arra north 00053,261, east 100 feet, to the south line of Lot 83 (247 M 28) ; thence north 8900613411 west 60 feet to the southeast corner of PARCEL "A" (247 M 28) thence south 78000143" west 325 feet, more or less, to the southwest corner of Int 77 (247 M 28) ; thence crossing Gardenia Avenue, westerly 65 feet, more or less, to the northeast corner of Lot 76 (247 M 28) ; thence north 89007141" west 353.34 feet to the northwest corner of Lot 71 (247 M 28) being a point on the east line of Tract 6055 filed September 6, 1981 in Map Book 257 at page 38; thence along the boundary of Tract 6055, north 00052110" east 29.55 feet, north 89007106" west 100 feet, north 00052,10" east 201 feet, north 89007106" west 403.6 feet, and south 00053151" west 200 2 OY F2 MDPs'= PFC=�—BOQNMW Q=CN feet, to the northeast corner of Tract 3932 filed June 26, 1972 in Map book 147 at page 38; thence along the north line of Tract 3932, north 89009135" west 170 feet, to the southeast corner of Tract 4766 filed June 17, 1981 in Map Book 253 at page 39; thence along the boundary of Tract 4766, north 00050'06" east 199.13 feet, north 88058139" west 169.76 feet, southwesterly 31.46 feet along the arc of a curve concave to the southeast with a radius of 20 feet, and south 0005311011 west 179.68 feet, to the southwest corner of Tract 4766; thence crossing Teakwood Drive, north 89009135" west 60 feet, to the northeast corner of Lot 1, Tract 3932; thence along the boundary of Tract 3932, North 89009135" west 200 feet, and north 00053110" east 5 feet, north 89009135" west 200 feet, and south 00053110" west 648.52 feet, to northeast earner of Tract 6010 filed Ja cry 10, 1983 in Map Book 267 at page 50; thence along the north line of Tract 6010, north 89003158" west 479.12 feet, to the northeast corner of Tract 4617 filed August 31, 1977 in Map Book 202 at page 9; thence along the north line of Tract 4617, north 89003158" west 154.96 feet, south 60026156" west 136.34 feet, and south 86014126" west 530.77 feet, to the east line of Empire Avenue; thence south 86014126" west 56 feet, more or less, to the west line of Empire Avenue; thence along said west line, north 1,000 feet, more or less, to the south line of Oakley Road; thence along said south line, west 5,320 feet, more or less, to the west line of Neroly Road; thence along said west line, north 00013' east 1,025 feet, more or less, to the south line of Elm Lane, a State road; thence along said.south line, northwesterly 39.37 feet along the arc of a curve concave to the southwest with a radius of 25 feet, north 8904111611 west 520.99 feet, and south 8800111411 west 30.65 feet, to the east line of Subdivision MS 233-71 filed May 11, 1972 in Parcel Map Book 22 at page 17; thence along the boundary of NS5 233-71, south 00031131" west 223.44 feet and north 89028129" west 445.48 feet, to the east line of State Freeway 4; thence along said east line, in a general northerly direction 3,600 feet, more or less, to the point of beginning. EXCMDIM moi: Tract 4454 (Eagle Park No. 1) filed in map book 195 at page 47; Tract 5674 (Walraut Estates) filed in Map book 251 at page 4, and all except 7ort 134 of Tract 6634 (Oakley Ranch) filed in Map Book 306 at page 23. Containing approximately 964 acres. IH:drg wo5561.lega1 , November 15, fi 19.88 i - I{ f r 3 ADMINISTRATIVE REPORT To: Members of the Contra Costa County Board of Supervisors From: Jim Kennedy, Deputy Executive Director Date: June 1, 1994 Subject: Ordinance Adopting An Amendment to the Redevelopment Plan for the Oakley Redevelopment Project Area Pursuant to Health and Safety Code Section 33333 . 6 and Amending A Related Ordinance in Connection Therewith Recommendation: That the Board adopt the attached proposed ordinance (the "Ordinance") amending the Redevelopment Plan for the Oakley Redevelopment Project Area ("Plan") and amending Ordinance No. 89-89 , adopted on December 21, 1989; and direct staff to publish the Ordinance within 15 days in the Contra Costa Times a newspaper of general circulation in the County of Contra Costa. Background• A major redevelopment reform bill, Assembly Bill 1290 ("AB 1290") , was enacted last year by the State Legislature. In addition to a number of other changes to redevelopment law, AB 1290 enacted Health and Safety Code Section 33333 . 6 which imposes certain time limits on all existing redevelopment plans in the state. As more fully discussed below, some of the time limits which are currently contained in the Plan are not in compliance with the provisions of AB 1290. Therefore, the Board must amend the Plan to comply with those statutory deadlines. To comply with AB 1290, the Ordinance adopts a plan amendment (the "Time Limits Amendment") providing for the following new or revised deadlines under the Plan: Deadline to Incur Debt: December 21, 2009 Deadline for Redevelopment Activities/ Plan txpiration: December 21, 2029* Deadline to Receive Tax Increment: December 21, 2029* * Text revised to reflect AB 1290 statutory language, but no change in1deadline date from current Plan. 3200KK.PSO 06/02/94 s r. 10 Section 33333 . 6 permits the Board to bypass most of the procedures normally required for redevelopment plan amendments. The Board may adopt the proposed Ordinance in accordance with the normal procedures for the enactment of ordinanzes. Unlike the process for most redevelopment plan amendments, the Board is not required to hold a public hearing or provide notice to project area property owners prior to the adoption of the proposed Ordinance. Adoption of the Ordinance will not - cause a change in financial arrangements with affected taxing entities or affect the ability of the Agency to repay debt incurred prior to January 1, 1994. Pursuant to Public Resources Code Section 21080 (a) and CEQA Guidelines Section 15268 , adoption of the Time Limits Amendment is a ministerial act which does not require CEQA review. Discussion: Some of the deadlines contained in the Plan do not comply with the provisions of Section 33333 . 6. Therefore, the Time Limits Amendment makes the following changes to the Plan: A. Deadline to Incur Indebtedness. Part VII.0 of the Plan provides that the Agency may incur indebtedness under the Plan until December 21, 2038 , the date that is 39 years after adoption of the Plan in 1989 . Under Section 33333 . 6, the deadline on incurring debt can be no later than 20 years from date of the Plan' s adoption. Because the deadline on incurring debt in Part VII .0 of the Plan is more than 20 years after adoption of the Plan, the Board must amend the Plan to revise the last day for incurring indebtedness to the date which is 20 years from adoption of the Plan. The Time Limits Amendment therefore fixes the last day to incur indebtedness under the Plan as December 21, 2009 . i B. Termination of Effectiveness of Plan. Part X of the Plan provides that the last day on which the Plan will be effective is 40 years from the date of adoption of the Plan. Under Section 33333 . 6 the time limit on the effectiveness. of the Plan can be no later than 40 years from adoption of the Plan. Thus, the 'Plan is generally consistent with Section 33333 . 6 with respect to the time limit on redevelopment activities. However, the Time Limits Amendment revises the effectiveness language of the Plan so it is consistent with Section 33333 . 6. 1 C. 'Deadline to Receive Tax Increment. The Plan currently does not contain an explicit deadline for the Agency to receive tax increment. However, Part X of the Plan which limits the effectiveness of the Plan to 40 years after adoption effectively 3200KK.PSO i 06/02/94 ! -2- I s . J t limits the Agency's receipt of tax increment to the date 40 years after adoption of the Plan. Section 33333 . 6 requires that the Plan limit on tax increment receipt be no later than 50 years after adoption of the Plan. Thus, the Plan is consistent with the Section 33333 . 6 time limit on receipt of tax increment. However, the Time Limit Amendment revises the Plan to include an explicit limit on receipt of tax increment as required under Section 33333 . 6. D. No Impairment of Current Debt. As specified in Section 6 of the Ordinance, Section 33333 .6 and the Time Limits Amendment, the deadlines imposed by the Time Limits Amendment will in no way affect the financial obligations of the Agency as they existed on December 31, 1993 , including the Agency' s obligations to make debt service payments on bonds, or to make payments under pass-through agreements or other contract obligations. i i f 3200KK.P50 06/02/94 —3— m � C-) m =7 CD CD cr) as ru z C: M,8 r o __q -0 — :1 (1) cors 0 PZ oc') m m CO bb Z Cl) c (A CS C) Ln K-u :9 m C) i7i z m (A (D cu m Z m ft Fl .M 0 C) O C: m rHb 7c- CD C) k z =r CD CU 0 CD Z (D Z 0 10 cr C/) M OM N (D tti CD 999 G) > CD M OZ rt- �3' r— J:w mm "#-+ mO 0 =3 CD Q) Z Z -n m 40 0 0 0) 0 Oo 0 110 0 0) z cn m ht� a co :r 0 K 0 > m Ln m (D cm M LO C) G) z > < pal qm 4c M CD 0 0 FFI -n OF mm C > la> 0 (n 0' 0 0 (D 0 t m W IBM _q 0 m CA N w w �) �-- m :c E: mo (A —(A >m >Z M m rn a cn Co mo G) A Z 6 Srzr P, Cl)M M S -p cri 0 c.)Om z as (D "0 M C) 0 C: CJ N 0(A 0 om 0 '�WRV 'Qj Ili =fi 1 K < c CT) oc: 0 M DO cf) C.)o m rt rt 0 - 050 Z < :�; z Q) 2 m m m z (D z N C: 0 (D 0 p 33 0 m z 0 (D 0 0 tt m Z 13) � O r- > c m O 0 —4 (D 9 0 (D B Cl) Cr D (D hN K 0 Fi OD 0) 10 0 m 0 'D rt (D 7N 0 9 P_ p r c z fi 9 F_ 51 a:SS c 4 X 0 M >1co ca 0 0x C: 5 m z z CO tD 1-1 D • m It mC) n Cl) 0-0 Inv 0 D a Om M C: 0 > m m 0 0 0 M �4 m 0 m m S m cn m m m 0 C m Fn 'o z z C:mx 0 da m Z5 (D r- C: m z Fl z m m z PV 0 :10 0 > -0 m cu 0 _u T m <cn z Hca f_0_h X Jul o o T>1 a o z M m Wm �'ld c D -V < c __4 (t- m m !4 o Ln :31 h 0 X mm N) co CH 0 0 1 (D -< q- (D Cci0 a, 41 w w z > +3 Lj r U1 z z I'j -n 0 I kI OD m a) -I m (D (D > m 0 C CM C m (D K_ zCO) > C M_ ti No t 0CD 0 i N. CO Cf) m z m z 0 C_ -4 M m m 0 03 GO K 71:� :� e e rded to• Goldfarb & Lipman One ntgomery S%r4y T es Towe , 2o San Fra ci o, C Attn: Lin a Manhart NO ORDING PURSU 0 CODE SECTION 2738 ORDINANCE NO. 94-66 AN ORDINANCE OF THE BOARD OF SUPERVISORS OF 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, AND AMENDING A RELATED ORDINANCE 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 90-50, . dated July 10, 1990 (the "Redevelopment Plan") establishing the Rodeo Redevelopment Project Area (the ".Project Area") . The legal description of the Project Area- is set forth in Exhibit A of the Time Limits Amendment described and incorporated in this Ordinance by reference below; and WHEREAS, the Plan contains time limits for conducting certain redevelopment functions meeting the requirements of the Community Redevelopment Law ("CRL") for such time limits in effect as of the date of adoption and amendment of the Plan; and WHEREAS, Chapter 942 of the Statutes of 1993 ("Chapter 94211) amended the CRL effective January i, 1994. Among other matters, Chapter 942 ;adds Health and Safety Code Section 33333.6 to the CRL, requiring the Board of Supervisors to amend the Plan to incorporate specified new and revised time limits for conducting various- redevelopment functions; and WHEREAS,', the Contra Costa County Redevelopment Agency (the "Agency")) has analyzed the provisions of the Plan and the time limit requirements of Health and Safety Code Section 33333.6, and has determined that the Plan must be amended to add or revise certain time limits in the manner and to the extent set forth in u�tb,.P50/�" l the staff report prepared in connection with this Ordinance and on file with the Clerk of the Board; and WHEREAS, the Agency has prepared an amendment to the Plan to add or revise the time limits required by Health and Safety Code Section 33333.6 (the "Time Limits Amendment") , a copy of which is on file with the Clerk of the Board; and WHEREAS, the Board of Supervisors desires -to amend the Plan in accordance with the terms of the Time Limits Amendment as authorized and directed pursuant to Health and Safety Code Section 33333 .6 (e) ; and WHEREAS, Health and Safety Code Section 33333 .6(e) (2) states: The limitations established in the ordinance adopted pursuant to this section shall apply to the redevelopment plan as if the redevelopment plan had been amended to include those limitation. However, in adopting the ordinance required by this section, neither the legislative body nor the agency is required to comply with 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. l. The Board of Supervisors hereby finds and declares that the above recitals are true and correct. Section 2. The Time Limits 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 proposed amendments embodied in the Time Limits Amendment are necessary and desirable. The Plan, as adopted by Ordinance No. 90-50 on July 10, 1990, is amended in accordance with the amendments set forth in the Time Limits Amendment. Section 4. The Time Limits Amendment is hereby adopted, approved, and designated as part of the official Plan for the Project Area: It is the purpose and intent of the Board of Supervisors that the Time Limits Amendment be implemented as part of the Plan for the Project Area. The Executive Director of the Agency may prepare a document that incorporates the provisions of the Time Limits Amendment into the existing text of the Plan, and 3 0 94 1 such document shall then constitute the official Plan for the Project Area. Section 5. To the extent of the amendments set forth in the Time Limits Amendment, this Ordinance amends Ordinance No. 90-50 adopted on July 10, 1990. Section 6. In accordance with Health and Safety Code Section 33333.6(h) , the Time Limits 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 Time Limits Amendment be construed to affect the right of the Agency to receive property taxes pursuant to Health and Safety Code Section 33670, to pay an indebtedness or other obligation described in this Section 6. Section 7. The Clerk of the Board is hereby directed to file a copy of the Time Limits Amendment with the minutes of this meeting. A copy of this Ordinance and the Time Limits Amendment shall be transmitted to the Agency and the Agency is vested with the responsibility of implementing the Time Limits Amendment. Section S. The Executive Director of the Agency is hereby directed to record the Ordinance and the Time Limits Amendment in compliance with the provisions of Government Code Section 27295. Section 9. This Ordinance shall take effect and be in full force from land after thirty (30) days from the date of its final passage. The foregoing ordinance was introduced and read before the Board of Supervisors of the County of Contra Costa at a regular meeting held on NoyemhPr S , 1994, and the second reading was held at a regular meeting on December 6 , 1994, where it was finally adopted. Said Ordinance was passed and adopted and ordered published within fifteen (15) days of the date of adoption in the Contra Costa Times, a newspaper of general circulation published in the County of Contra Costa and by the following vote. AYES: BOARDMEMBERS: Bishop, Torlaks and Powers_ NOES: BOARDMEMBERS: None ABSENT: BOARDMEMBERS: Smith an DeS ulnier Tom Powers ,Chair of ATTEST: Phil Batchelor, the Board of Supervisors County Administrator d Clerk of the ard� upervisors �P ty I �I i l QA i RODSO 1 , 1 i When Recorded Return to: Goldfarb & Lipman One Montgomery Street Telesis Tower, 23rd Floor San Francisco, CA 94104 Attn: Linda Manhart NO RECORDING FEE PURSUANT TO GOVERNMENT CODE SECTION 27383 ORDINANCE NO. 94-66 AN ORDINANCE OF THE BOARD OF SUPERVISORS OF 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, AND AMENDING A RELATED ORDINANCE IN CONNECTIONiTHEREWITH THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: WHERiS, the Board of Supervisors of the County of Contra Costa adopted the Redevelopment Plan for the Rodeo Redevelopment Project Area by Ordinance 90-50, dated July 10, 1990 (the "Redevelopment Plan") establishing the Rodeo Redevelopment Project Area (the "Project Area") . The legal description of the Project Area is set forth in Exhibit A of the Time Limits Amendment described and incorporated in this Ordinance by reference below; and I WHEREAS, the Plan contains time limits for conducting certain redevelopment functions meeting the requirements of the Community Redevelopment Law ("CRL") for such time limits in effect as of the date of adoption and amendment of the Plan; and WHEREAS, Chapter 942 of the Statutes of 1993 ("Chapter 94211) amended the CRL effective January 1, 1994. Among other matters, Chapter 942 adds Health and Safety Code Section 33333.6 to the CRL, requiring the Board of Supervisors to amend the Plan to incorporate specified new and revised time limits for conducting various redevelopment functions; and WHEREAS, the Contra Costa County Redevelopment Agency (the "Agency") has analyzed the provisions of the Plan and the time limit requirements of Health and Safety Code Section 33333.6, and has determined that the Plan must be amended to add or revise certain time limits in the manner and to the extent set forth in 3200Ki.P50 06/02/94 -1- the staff report prepared in connection with this Ordinance and on file with the Clerk of the Board; and WHEREAS, the Agency has prepared an amendment to the Plan to add or revise the time limits required by Health and Safety Code Section 33333.6 (the "Time Limits Amendment") , a copy of which is on file with the Clerk of the Board; and I WHEREAS, the Board of Supervisors desires to amend the Plan in accordance with the terms of the Time Limits Amendment as authorized and directed pursuant to Health and Safety Code Section 33333.6 (e) ; and WHEREAS, Health and Safety Code Section 33333.6 (e) (2) states: The limitations established in the ordinance adopted pursuant to this section shall apply to the redevelopment plan as if the redevelopment plan had been amended to include those limitation. However, in adopting the ordinance required by this section, neither the legislative body nor the agency is required to comply with 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 Time Limits 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 proposed amendments embodied in the Time Limits Amendment are necessary and desirable. The Plan, as adopted by Ordinance No. 90-50 on July 10, 1990, is amended in accordance with the amendments: set forth in the Time Limits Amendment. Section 4. The Time Limits Amendment is hereby adopted, approved, and designated as part of the official Plan for the Project Area. It is the purpose and intent of the Board of Supervisors that the Time Limits Amendment be implemented as part of the Plan for the Project Area. The Executive Director of the Agency may prepare a document that incorporates the provisions of the Time Limits Amendment into the existing text of the Plan, and i 3200KJ.P50 06/02/94 I -2- i such document shall then constitute the official Plan for the Project Area. Section 5. To the extent of the amendments set forth in the Time Limits, Amendment, this Ordinance amends Ordinance No. 90-50 adopted on July 10, 1990. Section 6. In accordance with Health and -Safety Code Section 33333.6(h) , the Time Limits 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 Time Limits Amendment be construed to affect the right of the Agency to receive property taxes pursuant to Health and Safety Code Section 33670, to pay an indebtedness or other obligation described in this Section 6. Section 7. The Clerk of the Board is hereby directed to file a copy of the Time Limits Amendment with the minutes of this meeting. A copy of this Ordinance and the Time Limits Amendment shall be transmitted to the Agency and the Agency is vested with the responsibility of implementing the Time Limits Amendment. Section 8. The Executive Director of the Agency is hereby directed to record the Ordinance and the Time Limits Amendment in compliance with the provisions of Government Code Section 27295. Section 9. This Ordinance shall take effect and be in full force from and after thirty (30) days from the date of its final passage. The foregoing ordinance was introduced and read before the Board of Supervisors of the County of Contra Costa at a regular meeting held on Noyemhpr 8 , 1994, and the second reading was held at a regular meeting on December 6 1994, where it was finally adopted. Said Ordinance was passed and adopted and ordered published within fifteen (15) days of the date of adoption in the Contra Costa Times, a newspaper of general circulation published in the County of Contra Costa and by the following vote. AYES: BOARDMEMBERS: Bisho Torlak on a d Powers NOES: BOARDMEMBERS: None ABSENT: BOARDMEMBERS: Smith\d D aulni Tom Powers ,Chair of ATTEST: Phil Batchelor, the Board of Supervisors County Administrator and Cie r of the Mrd of pervisors 1144( YJ -3- Bye t y i I TIME LIMITS AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE RODEO REDEVELOPMENT PROJECT AREA Adopted December 6 , 1994 Ordinance No. 94_66 I. INTRODUCTION The Bofard of Supervisors of the County of Contra Costa has adopted the' Redevelopment Plan for the Rodeo Redevelopment Project Area by Ordinance No. 90-50, dated July 10, 1990 (the "Plan") establishing the Rodeo Redevelopment Project Area (the "Project Area") . The Project Area is described in the attached Exhibit A. i The Plan contains time limits for conducting certain redevelopment functions meeting the requirements of the Community Redevelopment Law ("CRL") for such time limits in effect as of the date of adoption and amendment of the Plan. Health and Safety Code Section 33333 .6, effective January 1, 1994, requires an amendment to the Plan to incorporate specified new and revised time limits for conducting various redevelopment functions. This Amendment has been prepared to comply with the requirements of Health and ISafety Code Section 33333.6. II. DELETIONS FROM PLAN i A. The Paragraph of subsection C ("Tax Increments") of Part VII ("Methods for Financing the Project") of the Plan that formerly read as follows is hereby deleted in its entirety: ,111. No advances or indebtedness shall be established or incurred by the Agency after the expiration of 39 years from the date upon which this Plan is adopted without further amendment of the Plan." B. !Former Part X of the Plan, entitled "DURATION, " is hereby deleted in its entirety. i III. ADDITIONS TO PLAN A new Part X is hereby added to the Plan to read as follows: "X. ITIME LIMITATIONS lExcept as provided in Health and Safety Code Sections 33333 .6 (g) and (h) , and except for any other authority in excess of the following limits that may from time to time be 3200KRY50 06/02/94 -1- I granted by statute (which authority shall be deemed to be incorporated into the provisions of the Plan by this reference and shall supersede the following limits) : 1 1. The time limit on the establishing of loans, advances, and indebtedness shall be July 10, 2010, unless the Plan is amended as permitted by law. This limit, however, shall not prevent the Agency from incurring debt to be paid from the Low and Moderate Income Housing Fund established pursuant to Health and Safety Code Sections 33334 . 2 and 33334 . 3 or from establishing more debt in order to fulIfill the Agency's housing obligations under Health and Safety Code Section 33413 . This limit also shall not preclude the Agency from receiving tax increment revenue pursuant to Health & Safety Code Section 33670 after expiration of this limit in order to pay any loans, advances or indebtedness established prior to this limit. 2 . The effectiveness of the Plan (including, without limitation, the effectiveness of the Agency's land use controls for the Project Area under the Plan) shall terminate on July 10, 2030. After expiration of this time limition the effectiveness of the Plan, the Agency shall have no authority to act pursuant to the Plan, except to enforce existing covenants, contracts, or other obligations. 3 . The Agency shall not pay indebtedness or receive property taxes pursuant to Health and Safety Code Section 33670 with respect to the Project Area after July 10, 2030. The above time limits shall not affect the validity of any bond, indebtedness, or other obligation, including, but not limited to, any 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 this time limit be construed to affect the right of thIe Agency to receive property taxes, pursuant to Section 33670 to pay such indebtedness or other obligation. This Part X shall supersede any inconsistent provision of the Plan. " IV. EFFECT OF AMENDMENTS All provisions of the Plan not specifically amended or repealed in this Amendment shall continue in full force and effect. 3200KH.P50 06/02/94 -2- Roden Redevelopment Project Area EXHIBIT "A" All reference to ban&-ry lines and ownerships are of the records of Contra Carta Colony, State of California. All real property situated in Contra Costa Cbmty, the boundary of which is described as follows: Beginning at the rat ion of.the easterly Southern Pacific Railroad right of way line and the city of Hercules boundary line,ne, as per map entitled Parcel Map MM-1 filed on April 22, 1974 is Book 33 of Parcel Maps at page 16; theme f= said Poiret of Beginning, southerly along the northeasterly boundary line of the City of Hercules as shown on Parcel Map No. 477-86 filed on May 27, 1986 in Book 122 of Parcel Maps at page 34, the _following courses: south 370 47' 32" east 2099.32 feet, south 90 34' 29" east 127.19 feet, south 370 47' 32" east 1145.02 feet, north 660 29' 14" east 61.91 feet; thence leaving said Parcel Map south 380 28' 30" east 1,040 feet more or less; thence south 370 47' 04" east 184.26 feet to a point on a line xtersecting the westerly right of way line of Willow Avenue; thence alorx3 the prolongation of last said vouise south 370 47' 04" east 410 feet more or less to a point. the easterly riot of way line of Willow Avenue; thence south 370 47' 04" east 210 feet more or less; thence leaving the easterly riot of way of Willow Avenue, also being the easterly borax ary of the City of Herailes, along the boundary of Limes F. Claeys parcel recorded December' 17, 1973 in Book 7114 of Official Records at page 607, the following three courses: south 450 25' 57" east 135.20 feet, south 660 10' 39" east 42.06 feet, and north 420 44' 36" east 30.15 feet; thence north 200 10' 00" west 64.40 feet to a point within the Rodeo Creek, Contra Costa County Flood Control Charnel; thence north 690 50' 00" east 120.00 feet to a point within Island N. Fmc parcel recorded July 13, 1979 in Book 9440 of Official Records at page 272; thence along the. northwesterly boundary line of Interstate 80 the following courses; north 370 24' 09" east 578.84 feet, north 500 23' 29" east 307.88 feet, north 250 39' 09" east 153.26 feet, north 370 24' 09" east 150.00 feet, north 510 581 . 36" east 206.64 feet, north 260 46' 58" east 406.97 feet, north 370 24' 09" east 700.00 feet, north 450 56' 00" east 505.59 feet and north 370 24' 09" east 90.11 feet to thesc ly right of way line of California Street; thence along the northeasterly prolongation of said line a distance of 309.89 feet, cosi.-ig California Street to a point on the swtheasterly boundary j line of Lirm, F. Claeys parcel recorded December 17, 1973 in Book 7114 of Official Records at page 607; thence along said parcel, north 270 10' 41" Past, 121.71 feet; thence north 230 04' 49" east 905 feet more or less; th4nCe leaving said State Freeway boundary line north 460 00' 00" west 200 feet;more or less to a point on the southerly easement line of an East Bay MMILicipal Utility District 20.00 feet in width right of way as recorded on May 10 1936 in Book 408 of Official Records at page 317; thence along the Prolongation of said line across the easement to a point ch the northerly line of said right of way; thence along the northeasterly bmr darY line of the John Swett Unified School District parcel recorded January 18, 1963 in Book 4285 of Official Records at page 167, north 460 00' 00" west 620.00 feet to the northerly corner of said parcel; thence along the easterly boundary .of Unocal properties recorded September 14, 1965 in Bank 37 of Licensed Surveyor Maps at page 11, the following three courses: north 20 16' 37" east 1029.50 feet, north 530 49' 21" wrest 1815.31 feet arra north 860 40' 21" west 306.84 feet to the southerly right of way line of San Pablo Avenue as recorded in Book 37 of Licensed Surveyor Maps at page 11; thence alang the of said line westerly ac=ross San Pablo Avenue 135 feet more or less to the motherly right of way line of San Pablo Avenue; thence acterly along the rx therly right of way line of San Pablo Avenue to the southerly c=ner of a Onion Oil Company Parcel as filed February 28, 1946 in Book 10 of Licensed Slrtveyor Maps at page 23; thence along the southwesterly bm=iaty of said parcel north 390 27' 30" west 1970.76 feet, to the nord5nsterly corner of said parcel, also being the northerly property corner of Limes F. Claeys parcel recorded Deeoanber 171 2.973 in Book 7114 of Official Pa=mds at page 607; thence along said parcel the following two courses: south 450 37' 00" west 735 feet more or less, then south 320 30' 00" west 400 feet more or less to the northerly corner of David De Jesus parcel recorded Jae 29, 1965 in Book 4899 of Official Reoerds at page 49; thence along said parcel the following two courses: south 320 30' 00" west 546.86 feet, and south 370 00' 00" west 652.20 feet to the northerly corner of A.F. Bray Jr. parcel recorded on May 20, 1988 in Book 14344 of Official Records at page 657; thence along said parcel the followin3 courses: south 370 00' 00" west 384.00 feet, south 650 30' 00" west 452:76 feet, north 880 15' 00" west 180.18 feet and with 410 36' 00" west 220: feet more-or less to the r=therly corner of William L. Rich parcel rec r'ded July 31, 1979 in Book 9465 of Official Records at page 611; thence along said parcel the following two courses: south 410 36' 00" west 100 feet more or less, and south 350 45' 00" west 350 feet more or less to the northerly corner of John F. Bessolo parol recorded October 23, 1987 in Book 13974 of Official Records at page 957; thence along .said parcel the following two courses: south 330 45' 00" west 300 feet more or less, and south 60 30' 00" west 550 feet mare or less to a point on the easterly boundary of the City of Hercules; thence south 370 46' 59" east 400 feet maIe or less along the boundary line of the City of Hercules (33 P.M. 16) to the northerly boundary of the Southern Pacific Railroad right.,of way; thence along the Southeasterly prolongation of said line 141.05 feet to the easterly line of the Southern Pacific .Railroad riot of way (33 P.M. 16) being the Point of Beginning. Containing an area of 650 acres of land more or less. BS:cW ex:rcdeo.area 1 I I ADMINISTRATIVE REPORT To: Members of the Contra Costa County Board of Supervisors From: Jim Kennedy, Deputy Executive Director Date: June 3 , 1994 Subject: Ordinance Adopting An Amendment to the Redevelopment Plan for the Rodeo Redevelopment Project Area Pursuant to Health and Safety Code Section 33333 . 6 and Amending A Related Ordinance in Connection Therewith Recommendation: That the Board adopt the attached proposed ordinance (the "Ordinance") amending the Redevelopment Plan for the Rodeo Redevelopment Project Area (the "Plan") and amending Ordinance No. 90-50, adopted on July 10, 1990; and direct staff to publish the Ordinance within 15 days in the Contra Costa Times a newspaper of general circulation in the County of Contra Costa. Background: A major redevelopment reform bill, Assembly Bill 1290 ("AB 1290") , was enacted last year by the State Legislature. In addition to a number of other changes to redevelopment law, AB 1290 enacted Health and Safety Code Section 33333 . 6 which imposes certain time limits on all existing redevelopment plans in the state. As more fully discussed below, some of the time limits which are currently contained in the Plan are not in compliance with the provisions of AB 1290. Therefore, the Board must amend the Plan to comply with those statutory deadlines. To comply with AB 1290, the Ordinance adopts a plan amendment (the "Time Limits Amendment',) providing for the following new or revised deadlines under theiPlan: I Deadline to Incur Debt: July 10, 2010 Deadline for Redevelopment Activities/ Plan !Extpiration: July 10, 2030* Deadline to Receive Tax Increment: July 10, 2030* * Text revised to reflect AB 1290 statutory language, but no change in `deadline date from current Plan. 3200KI.PSO 06/02/94 -1- Section 33333 . 6 permits the Board to bypass most of the procedures normally required for redevelopment plan amendments. The Board may adopt the proposed Ordinance in accordance with the normal procedures for the enactment of ordinances. Unlike the process for most redevelopment plan amendments, the Board is not required to hold a public hearing or provide notice to project area property owners prior to the adoption of the proposed Ordinance. Adoption of the Ordinance will not -cause a change in financial arrangements with affected taxing entities or affect the ability of the Agency to repay debt incurred prior to January 1, 1994 . Pursuant to Public Resources Code Section 21080 (a) and CEQA Guidelines Section 15268, adoption of the Time Limits Amendment is a ministerial act which does not require CEQA review. Discussion: Some of the deadlines contained in the Plan do not comply with the provisions of Section 33333 . 6. Therefore, the Time Limits Amendment makes the following changes to the Plan: A. Deadline to Incur Indebtedness. Part VII.0 of the Plan provides that the Agency may incur indebtedness under the Plan until July 10, 2029, the date that is 39 years after adoption of the Plan in 1990. Under Section 33333 .6, the deadline on incurring debt can be no later than 20 years from date of the Plan's adoption. Because the deadline on incurring debt in Part VII .0 of the Plan is more than 20 years after adoption of the Plan, the Board must amend the Plan to revise the last day for incurring indebtedness to the date which is 20 years from adoption of the Plan. The Time Limits Amendment therefore fixes the last day to incur indebtedness under the Plan as July 10, 2010. B. Termination of Effectiveness of Plan. Part X of the Plan provides that the last day on which the Plan will be effective is 40 years from the date of adoption of the Plan. Under Section 33333 . 6 the time limit on the effectiveness . of the Plan can be no later than 40 years from adoption of the Plan. Thus, the Plan is generally consistent with Section 33333 . 6 with respect toithe time limit on redevelopment activities. However, the Time Limits Amendment revises the effectiveness language of the Plan s'o it is consistent with Section 33333 . 6. I _ C. Deadline to Receive Tax Increment. The Plan currently does not contain an explicit deadline for the Agency to receive tax increment. However, Part X of the Plan which limits the effectiveness of the Plan to 40 years after adoption effectively i 32001U.P50 06/02/94 -2- a limits the Agency's receipt of tax increment to the date 40 years after adoption of the Plan. Section 33333 . 6 requires that the Plan limit on tax increment receipt be no later than 50 years after adoption of the Plan. Thus, the Plan is consistent with the Section 33333 . 6 time limit on receipt of tax increment. However, the Time Limit Amendment revises the Plan to include an explicit limit on receipt of tax increment as required under Section 33333 . 6. D. No Impairment of Current Debt. As specified in Section 6 of the Ordinance, Section 33333 . 6 and the Time Limits Amendment, the deadlines imposed by the Time Limits Amendment will in no way affect the financial obligations of the Agency as they existed on December 31, 1993, including the Agency's obligations to make debt service payments on bonds, or to make payments under pass-through agreements or other contract obligations.; i 1 i f i 3200IQ.PSO 06/02/94 -3- t