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HomeMy WebLinkAboutRESOLUTIONS - 12211989 - 89-89 r• j RECORDED AT THE REQUEST OF AND WHEN RECORDED MAIL ,TO: Contra Costa County Redevelopment Agency 651 Pine Street, 4th Floor Martinez, CA 94553 _ Ordinance No. 89-89 AN ORDINANCE OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY STATE OF CALIFORNIA, ADOPTING A REDEVELOPMENT PLAN FOR THE OAKLEY REDEVELOPMENT PROJECT PURSUANT TO THE COMMUNITY REDEVELOPMENT LAW OF THE STATE OF CALIFORNIA Section I . Preliminary Statement The Contra Costa County Redevelopment Agency (herein referred to as "Agency") has made studies of the location, physical condition of structures, environmental influences, land use, and social, economic and cultural conditions of that certain area known as the Oakley Redevelopment Project Area, more particularly described on the attached Exhibit A and hereinafter referred to as the "Project Area" , and has determined that the Project Area- is a blighted area and is detrimental to the safety, health, and welfare of the users thereof and of the County of Contra Costa at large because of: a. Economic dislocation, deterioration or disuse resulting from blighting physical, social , and economic conditions. b. The ineffective, uneconomic and unproductive use of land due to the existence of lots of inappropriate size, configuration or placement and inappropriate access to vehicular traffic, and utilities necessary to allow private development. ' C. The continuing problem of poor traffic and circulation patterns . d. The existence .,of inadequate infrastructure, public improvements, public facilities, neighborhood open spaces and utilities which cannot be remedied by private or governmental action without redevelopment. e. The existence of residential and commercial structures characterized by age, obsol=escence, deterioration, dilapidation, vacancy of buildings and mixed and shifting uses . f. The existence of excessive vacant land on which structures were previously located, abandoned and vacant buildings, substandard structures, vacancies, and delinquencies in payment of real property taxes . g. The existence of inadequate drainage facilities resulting in localized flooding. . t h. The existence of abandoned and/or deteriorated buildings due to lack of maintenance and upkeep. Pursuant to the California Community Redevelopment Law, Health and Safety Code Section 33000 et seg. (hereinafter referred to as the "Redevelopment Law" ) , the Agency has prepared and submitted to the Board of Supervisors for review and adoption the Redevelopment Plan (the "Plan" ) for the Project (the "Project" ) . The Plan consists of thirty-one (31) -1- pages, two (2) maps, and one (1) exhibit and is incorporated in this Ordinance by this reference. A copy of the Plan is on file with the Clerk of the Board. The East County Regional Planning Commission, which is the duly designated and acting official planning body of Contra Costa County, has submitted to the Board of Supervisors its report and recommendation dated December 11 , 1989 recommending approval and adoption of the Plan and has certified that the Plan conforms to the General Plan for the County. The Plan for the Project Area prescribes certain land uses for the Area and may require, among other things, changes in zoning, the vacating and removal of streets of record and other public rights of way, and the establishment of new street patterns, the location of sewers, water mains, lighting and utility lines and other public facilities . The Agency has prepared and submitted and the Board of Supervisors has reviewed and considered the Report on the Plan pursuant to Health and Safety Code Section 33352. The Agency has prepared and submitted to the Board of Supervisors a program for the relocation of individuals and families that may be displaced as a result of implementing the Plan. The Board of Supervisors is cognizant of the conditions that are imposed in the undertaking and implementation of redevelopment projects under State law, including those prohibiting discrimination because of race, color, creed, religion, sex, marital status, national origin, or ancestry. The Agency has prepared and submitted to the Board of Supervisors for review and certification an Environmental Impact Report ("EIR" ) prepared pursuant to the California Environmental Quality Act of 1970 as amended ( "CEQA" ) , the Official State Guidelines as amended, for the implementation of the Act (the "State EIR Guidelines" ) , and the Contra Costa County Guidelines for Administering CEQA (the "County Guidelines") . A copy of the EIR is on file with the Clerk of the Board. The Planning Commission has submitted to the Board and Agency a resolution dated December 11 , 1989 recommending certification of the EIR. By concurrent resolution adopted prior to the adoption of this Ordinance, the Board of Supervisors and Agency have certified that the EIR has been completed in compliance with CEQA, the State EIR Guidelines, and the County Guidelines; that the EIR adequately addresses the environmental issues of the Project and the Plan; and that the Board of Supervisors and the Agency have reviewed and considered the information contained in the EIR prior to approving the Project and the Plan. The concurrent resolution also identifies the significant effects of the Project and the Plan, adopts mitigation measures, and monitoring programs therefor, and makes certain findings and statements in compliance with Sections 15091 , 15092, and 15093 of the State EIR Guidelines . .Prior to adoption of the Plan, the Board of Supervisors and the Agency have conducted a joint public hearing which was duly noticed in accordance with the requirements of the Redevelopment Law. At or prior to the joint public hearing on the Plan, the Board and Agency received certain written objections to the Plan. Prior to the introduction of this Ordinance, by Board Resolution No. 82./811, dated December 21 , 1989, and pursuant to -2- Health & Safety Code Section 33363, the Board prepared its responses and findings (the "Findings") in writing to all written objections it received in connection with consideration of adoption of the Plan. Section II . Findings & Determinations Based upon the evidence contained in the Report on the Plan, the EIR, the findings, and other documents prepared in the Plan adoption process and on evidence presented at the public hearing, it is hereby found and determined that: a. The Project Area is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in, and it qualifies as an eligible area under, the Redevelopment Law (see particularly Part II of the Report on the Plan regarding evidence with respect to this finding) . b. The Plan conforms to the General Plan of the County of Contra Costa (see particularly Part VI of the Report on the Plan regarding evidence with respect to this finding) . C. The Plan would redevelop the Project Area in conformity with the Redevelopment Law and would be in the interest of the public peace, health, safety and welfare; and the implementation of the Plan would promote the public peace, health, safety and welfare of Contra Costa County, and would effectuate the purposes and policy of the Redevelopment Law (see particularly Parts I and II of the Report on the Plan regarding evidence with respect to this finding. d. The adoption and implementation of the Plan is economically sound and feasible (see particularly Part III of the Report on the Plan regarding evidence with respect to this finding) . I e. The Plan will afford maximum opportunity, consistent with the sound needs of the Contra Costa County, as a whole, for the redevelopment of the Project Area by private enterprise (see particularly Parts I and II of the Report on the Plan and the Agency' s adopted Rules for Owner Participation and Business Tenant Preference regarding evidence with respect to this finding) . f. The Plan and the program for the proper relocation of individuals and families, if any, displaced in carrying out the Plan in decent, safe, and sanitary dwellings in conformity with acceptable standards (as set forth in Part IV of the Report on the Plan) are feasible and can be reasonably and timely effected to permit the proper prosecution and completion of the Plan; and such dwellings or dwelling units available or to be made available to such displaced individuals and families are at least equal in number to the number of displaced individuals and families, are not generally less desirable in regard to public utilities and public and commercial facilities than the dwellings of the displaced individuals and families in the Project Area, are available at rents or prices within the financial means of the displaced individuals and families, and are reasonably accessible to their places of employment (see particularly Parts II , IV, and XII of the Report on the Plan, and the Agency' s Adopted Relocation Guidelines regarding evidence with respect to this finding) . g. The Board of Supervisors is satisfied that permanent housing facilities will be available within three years from the time occupants of the Project Area, if any, are displaced and that pending the development of such facilities there will -3- be available to such displaced occupants housing facilities at rents comparable to those in the community at the time of their displacement (see particularly Parts II , IV and XII of the Report on the Plan regarding evidence with respect to this finding) . h. The Project Area contains property suitable for low and moderate-income housing (see particularly Part II of the Report on the Plan regarding evidence with respect to this finding) . i . The Project Area includes approximately 964 acres, and there are no noncontiguous areas contained in the Project Area (see particularly Part II of the Report on the Plan regarding evidence with respect to this finding) . J . The inclusion of any lands, buildings, or improvements which are not detrimental to the public health, safety, or welfare are necessary for the effective redevelopment of the Project Area of which they are a part and are not included for the purpose of obtaining the allocation of tax increment revenues from such area pursuant to Section 33670 without other substantial justification for their inclusion (see particularly Parts I and II of the Report on the Plan regarding evidence with respect to this finding) . k. In order to implement and facilitate the effectuation of the Plan hereby approved and adopted, certain official action must be taken by this Board of Supervisors with reference, among other things, to changes or modifications in zoning, the vacation and removal of streets, alleys, and other public ways, the establishment of new street patterns, the location of sewer and water mains, lighting and utility lines and other public facilities and other public action, and accordingly, this Board hereby (i) pledges its cooperation in helping to implement the Plan; (ii) requests the various . . officials, departments, boards, and agencies of the County having administrative responsibilities in the Project Area likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with the Plan; (iii) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Plan; and (iv) intends to undertake and complete any proceedings necessary to be implemented by the community under the provisions of the Plan. 1 . The elimination of blight and the redevelopment of the Project Area could not reasonably be expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency (see particularly the Introduction and Parts II and III of the Report on the Plan regarding evidence with respect to this finding) . M. The condemnation of real property, if any, is necessary to the execution of the Plan and adequate provisions have been made for payment of property to be acquired as provided by law (see particularly Part II of the Report on the Plan regarding evidence with respect to this finding) . n. The Agency and the City have agreed to enter into certain fiscal agreements with affected taxing agencies pursuant to Health and Safety Code Section 33401 (b) (the "Fiscal Agreements") . The Agency will also implement other fiscal mitigation measures as described in Part XI of the Report on the Plan. The effect of tax increment financing, as mitigated by the Fiscal Agreements and other fiscal mitigation measures set forth in the Report on the Plan, will not cause significant financial burden on or detriment to any taxing agency deriving revenues from the tax increment Project Area -4- (see particularly Parts III , IX, X, and XI of the Report on the Plan regarding evidence with respect to this finding) . o. The development of the public improvements set forth in the Plan are of benefit to the Project Area and to the immediate neighborhood in which the Project is located; no other reasonable means of financing such improvements are available to the community; and, based on these findings, the Agency is authorized to pay all or a part of the value of the land for and the cost of the installation and construction of the public improvements set forth in the Plan, as permitted by Health and Safety Code Section 33445 (see particularly the Introduction and Parts II , III , and VI of the Report on the Plan regarding evidence with respect to this finding) . All written and oral objections to the Plan are hereby overruled. In accordance with Health & Safety Code Section 33363, the reasons for overruling all written objections are more fully set forth in the Findings . Section III . Overruling of Objections . All written and oral objections to the Plan are hereby overruled. In accordance with Health & Safety Code Section 33363, the reasons for overruling all written objections are more fully set forth in the Findings. Section IV. Approval of Plan. The Plan for the Project Area, having been duly received and considered, is approved and adopted, and the Clerk of the Board is hereby directed to file a copy of the Plan with the minutes of this meeting. The Plan, which contains, among other elements, the statement of the purpose and intent of the Board of Supervisors with respect to the Project Area, is incorporated in this Ordinance by reference. The Plan is hereby designated as an official Redevelopment Plan for the Project Area. It is the purpose and intent of this Board that the Plan be implemented in the Project Area. A copy of this Ordinance shall be transmitted to the Agency and the Agency is vested with the responsibility of implementing the Plan. Section V. Effective Date. This ordinance shall take effect thirty (30) days from the date of its passage and adoption, this Ordinance shall be published once in the Antioch Ledger, a newspaper of general circulation published and printed in Contra Costa County, . within 15 days of its adoption. Passed on December 21 , 1989 by the following vote: AYES: Supervisors Fanden, Schroder, McPeak and Torlakson NOES: None ABSTAIN: None ABSENT: Supervisor Powers Z ` BOARD CHAIR (seal) ATTESTED: PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR 0 By: Dep ty 12/21/89 -5 #B024/B32009