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HomeMy WebLinkAboutMINUTES - 05101994 - D.1AB Contra TO: BOARD OF SUPERVISORS BOARD OF COMMISSIONERS (with respect to Q - •' Costa Housing Authority actions) 6 s County _. � FROM: HARVEY E. BRAGDON DIRECTOR OF COMMUNITY DEVELOPMENT SrR �oux^r"`i 'c4` DATE: May 4 , 1994 SUBJECT: The Environmental Impact Report, the Proposed Homeless Shelter General Plan Amendment, Administrative Policy, North Concord Homeless Shelter, and Housing Authority Administrative Office and Warehouse (File #GPA 3-93-CO) SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Certify the Final Environmental Impact Report .,for the project comprised of the Homeless Shelter General Plan Amendment, the North Concord Homeless Shelter, and the Housing Authority Administrative Office and Warehouse. 2 . Approve the General Plan Amendment attached as Exhibit A (modified by the Board of Supervisors) as part of the consolidated General Plan Amendment adoption action. (Res. No. 94/269) 3 . Adopt the Findings contained in Exhibit B. 4 . Approve and Authorize the establishment of a permanent County- - ' -. operated Homeless Shelter at #2047 Arnold Industrial Way. 5. Direct staff to initiate an application with the Central Contra Costa Transit Authority (CCCTA) to extend transit service to the North Concord Homeless Shelter including provision of a bus-stop along the shelter frontage. CONTINUED ON ATTACHMENT: X YES SIGN f, RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDAT RD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON Mao 10, 1994 APPROVED AS RECOMMENDED x OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A x UNANIMOUS (ABSENT 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. Contact:Robert Drake - 646-2091 Orig: Community Development Department ATTESTED May 10, 1994 cc: Housing Authority PHIL BATCHELOR, CLERK OF Social Service Department THE BOARD OF SUPERVISORS General Services Dept. - Lease Mgmt. A COUN ADMINISTRATOR County Counsel BY , DEPUTY 1 2 . 6 . Approve and Authorize the establishment of an administrative office and warehouse at #2099 Arnold Industrial Way in the North Concord area for the County homeless program staff and Housing Authority housing programs staff. 7 . Direct the Community Development Department to file a Notice of Determination with the County Clerk. 8 . Direct the Community Development Department to provide distribution of the approved General Plan Amendment as follows: A. One copy to the Clerk of the Board within one working day of the final Board approval. B. Distribute copies to all public entities identified under 565357 (a) of the Government Code including all cities within the County and the Mayors Conference. FISCAL IMPACT The operating cost of the North Concord Homeless Shelter is $48 , 000 per month and the lease cost is $8 , 050 per month. Program operation is paid for by a combination of the General Fund and other local, state, and federal resources. BACKGROUND/REASONS FOR RECOMMENDATIONS On April 26, 1994 the Board of Supervisors conducted a hearing. After taking testimony and closing the hearing, the Board voted its intent (4-1, Bishop dissenting) to adopt the GPA (modified consistent with most of the recommendations of the County Planing Commission) , and to approve the establishment of the North Concord Homeless Shelter and Administrative Office/Warehouse. Concurrently, the matter was continued to May 10, 1994 to allow for the preparation of proposed findings, the preparation of a proposed administrative policy concerning the establishment of County- operated homeless shelters in incorporated areas, and for final Board action. RHD/aa BDI/Home.RHD THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this order on �by 10- 1()() by the foiiowing vote: AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers NOES: None ABSENT: None ABSTAIN:None RESOLUTION NO. 94/269 SUBJECT: In the Matter. of the Homeless Shelter General Plan Amendment #3-93-CO The Board of supervisors of contra Costa County RESOLVES THAT: There is filed with this Board and its Clerk a copy of Resolution No. 16-1994 adopted by the contra Costa County Planning Commission concerning a General Plan Amendment (#3-93-CO) . The General Plan Amendment will allow County-operated homeless shelters as an allowable use in most land-use designations, when the Board of Supervisors is satisfied that seven criteria are met. On April 26, 1994 , the Board held a hearing concerning the General Plan Amendment. Notice of said hearing was duly given in the manner required by law. The Board, at the hearing, called for testimony of all persons interested in this matter. After taking testimony, the Board closed the hearing; voted its intent to adopt the General Plan Amendment as modified; directed staff to prepare findings; and continued the matter to May 10, 1994 for final decision. On May 10, 1994, the Board APPROVED the Homeless Shelter General Plan Amendment as part of the consolidated general plan amendment adopted action, pursuant to State Planning Law. The County served as lead agency on this project. On May 10, 1994 , the Board certified the Final Environmental Impact Report for the project comprised of the Homeless Shelter General Plan Amendment, the North Concord Homeless Shelter, and the Housing Authority Administrative office and Warehouse, adopted findings, and adopted a mitigation monitoring program. cc: Community Development Department County Administrator Social Service Department Housing Authority General Services Department I hereby certify that this is a true and correct .County Counsel copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: — PHLL BAT Lb-K Clerk of the Board 0 1pervi 0 C �n Administrator C TAAM i A,# By Deputy EXHIBIT A PROPOSED HOMELESS SHELTER GENERAL PLAN AMENDMENT CONTRA COSTA COUNTY FILE #GPA 3-93-CO INTRODUCTION This is an amendment to the Contra Costa County General Plan 1990-2005. The amendment pertains to text modifications to the Land Use and Public Facilities/Services Elements of the General Plan as described by the following discussion. LAND USE ELEMENT MODIFICATION Add the following text to the end of page 3-86 of the Land Use Element: 3. 10 POLICIES FOR ESTABLISHMENT OF COUNTY HOMELESS SHELTERS INTRODUCTION Background information on Homelessness is also discussed in Section 6 . 6 of Chapter 6, the Housing Element. Beginning on Page 6-61 of the Housing Element of this general plan, and specifically in Table 6-15 on page 6-62 , non-County homeless shelters are discussed. The Housing Element discussion does not apply to County homeless shelters. The purpose of the following policies is to designate where County homeless shelters may be established and under what circumstances. Other policies that address homelessness are contained in the Public Facilities/Services Element. 3-XXX County homeless shelters may be established in all general plan land use designations (including residential , commercial and industrial, mixed use areas, and other uses) , except for Congregate Care/Senior Housing, Landfill, and all Open Space (including Agricultural Lands, Parke and Recreation, Agricultural Core, Delta Recreation and Resources, Water, and Watershed) designations. County homeless shelters may be established within areas that lie in incorporated or unincorporated areas. 3-XXX A County homeless shelter may be established as set forth above, provided that the Board of Supervisors is satisfied that the shelter: ( 1) has undergone applicable environmental review; (2) will furnish residents with sleeping quarters, food, and access to bathroom facilities and transportation services if necessary or advisable while they are housed at the shelter; (3) will include appropriate and adequate security measures and on-site supervision; GPA-2 (4) will provide a procedure for the receipt and consideration of neighbors' concerns; (5) will benefit the health, safety and welfare of shelter residents; (6) will not unduly damage the health, safety, and welfare of the surrounding community; and (7) will not prevent the implementation of General Plan land uses in the vicinity. PUBLIC FACILITIES/SERVICES ELEMENT MODIFICATION Insert the following text immediately prior to Section 117 . 15 Other Public Facilities" on Page 7-79 of the Public Facilities/Services Element and adjust section numbering accordingly: 7. 15 HOMELESS FACILITIES/SERVICES HOMELESS SERVICES AND FACILITIES GOALS 7-XXX To encourage, if possible, the development of homeless shelters and support services in the County. HOMELESS FACILITES/SERVICES POLICIES 7-XXX Proposed developers' projects may be encouraged by the County to contribute to County homeless shelters. FD1:hom2 .gpa RD rev. 3/24/94 3/30/94 4/5/94 5/4/94 5/5/94 GPA-3 BOARD OF SUPERVISORS COUNTY OF CONTRA COSTA FINDINGS RELATED TO APPROVAL OF THE HOMELESS SHELTER GENERAL PLAN AMENDMENT, NORTH CONCORD HOMELESS SHELTER, AND HOUSING AUTHORITY ADMINISTRATIVE OFFICE\WAREHOUSE, CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS, AND ADOPTION OF A MITIGATION MONITORING PROGRAM The Board of Supervisors ( "this Board" ) of Contra Costa County, California ( "County" ) adopts the following findings regarding the Homeless Shelter General Plan Amendment ( "General Plan Amendment" ) , the North Concord Homeless Shelter ( "Shelter" ) , and the Housing Authority of the County of Contra Costa ( "Housing Authority" ) Administrative Office and\or Warehouse ( "Office\Warehouse" ) , including a mitigation monitoring program. The General Plan Amendment, the Shelter, and Office\Warehouse are three components of one project ( "Project" ) . This Board adopts the findings regarding the Office\Warehouse in its capacity as the Board of Commissioners . The matters before this Board are: 1 . the certification of the Final Environmental Impact Report ( "EIR" ) for the Project; 2 . the adoption of the General Plan Amendment, modified consistent with part of Contra Costa County Planning Commission Resolution No. 16-1994; 3 . the adoption of findings that this Board is satisfied that the criteria set forth in the General Plan Amendment have been met as to the establishment of the Shelter; 4 . the approval of the permanent establishment of the Shelter at 2047 Arnold Industrial Way, in the North Concord area; 5 . the direction to staff to apply before the Central Contra Costa Transit Authority ( "CCCTA" ) to extend transit service to the Shelter, including a bus stop along Arnold Industrial Way near the Shelter; and 6 . the approval of the permanent establishment of the Office\Warehouse at 2099 Arnold Industrial Way, in the North Concord area. 1 I . INTRODUCTION A. The Project The Project has three components : the General Plan Amendment, the Shelter, and the Office\Warehouse. 1 . The General Plan Amendment The General Plan Amendment (County File no. 3-1993-CO) will allow County-operated homeless shelters as an allowable use in most land use designations, when this Board is satisfied that seven criteria are met. The only land use designations in which a County-operated homeless shelter will not be allowed are Congregate Care\Senior Housing, Landfill, and all Open Space designations . An objective of the General Plan Amendment is to facilitate the County' s establishment of homeless shelters within the County after consideration of the interests of homeless persons and the surrounding community. Another objective is to further the public health, safety, and welfare. 2 . The Shelter The Shelter is at 2047 Arnold Industrial Way, in the North Concord area, north of the State Highway 4 and State Highway 242 interchange. The Shelter is in an industrial\office building situated on 1 . 26 acres . Approximately 15, 000 square feet of the building will be used by the Shelter, while approximately 8, 800 square feet of the building will be used by another entity. The site for the Shelter is designated Light Industrial in the County General Plan. The Shelter will accommodate up to 60 single adult men and women, with a capacity of up to 100 adults in the winter months ( including a broader period than the traditional three-month winter) . An objective of the Shelter is to help residents obtain self-sufficient lifestyles . The Shelter will provide residents beds to sleep in, food, access to bathroom facilities, access to transportation services, and help in seeking employment, training, medical services, and other support services . 3 . The Office\Warehouse The Office\Warehouse is at 2099 Arnold Industrial Way, across the street from the Shelter. A warehouse of approximately 11,000 square feet and an office of approximately 2 , 100 square feet will be used by the Office\Warehouse. The building in which the Office\Warehouse will be located consists of approximately 21,200 square feet on 1 . 38 acres . This site is designated Light Industrial in the County General Plan. 2 Staff from the Housing Authority and the County will use the Office\Warehouse to administer the County homeless program and other housing program operations of the Housing Authority. No homeless client services will be provided at 2099 Arnold Industrial Way. B. History On November 19, 1991, the County declared an emergency under the California Environmental Quality Act ( "CEQA" ) concerning the provision of housing to homeless single adults at 2047 Arnold Industrial Way during the 1991-92 winter months . The County' s actions were challenged in the Superior Court. (See the papers on file in Memory Gardens, Inc. v. County, et al . , Contra Costa County Superior Court, Consolidated Action No. C91-05617 . ) On December 19 , 1991, the Court upheld the County' s declaration of an emergency and authorized the operation of the homeless shelter through March 1992 . In February 1992, the County issued a notice of intention to adopt a negative declaration for the homeless shelter, and public comments were received. On March 31, 1992 , the Court allowed the County to continue the operation of the shelter through April 1992 . On April 27, 1992, the Court, upon the stipulation of the parties to the lawsuit, allowed the County to continue the operation of the shelter through May 1992 . On May 19, 1992, this Board adopted a negative declaration of environmental significance for the Shelter. The County leased the shelter property from the Moran Family Trust. In December 1992, the Court ruled that the negative declaration of environmental significance did not meet CEQA, and that the Shelter was inconsistent with the County General Plan. The Court allowed the homeless shelter to stay open while the County addressed the need for an EIR and General Plan amendment. Pursuant to Court order, the shelter closed on August 1, 1993 . However, on October 20, 1993, the Court ordered that the shelter could reopen. On November 17 , 1993, the shelter reopened and has been in operation since then. C. The EIR The County prepared an initial study dated February 5, 1993 for the Project. The initial study is included in the EIR as Appendix C. The initial study said that the Project potentially could have significant environmental impacts . On February 5, 1993, a notice of preparation of an EIR for the Project was issued by the County Community Development Department. On January 4, 1994, the draft EIR was circulated for public review and comment. The period for written comments on the draft EIR ended on February 18, 1994 . On January 19 , 1994, the County 3 Zoning Administrator held a public hearing on the EIR. On March 30, 1994, the County issued the Response to Comments document concerning comments received about the draft EIR. For purposes of these findings, the EIR for the Project consists of the draft EIR and its appendices, the final EIR, the Response to Comments document, and documents referenced in the EIR. D. The General Plan Amendment In January 1993, this Board authorized a review of the County General Plan to provide for the establishment of County-operated homeless shelters . The draft EIR included review of the proposed General Plan Amendment. Such a review consisted of a program EIR. Accordingly, upon identification of possible homeless shelter sites, such projects would be subject to project-level environmental reviews . On April 5, 1994, the Contra Costa County Planning Commission ( "Planning Commission" ) held a public hearing on the proposed General Plan Amendment. The Planning Commission recommended to this Board that the General Plan Amendment be modified as follows : 1 . that the County' s establishment of County-operated homeless shelters in incorporated areas be subject to applicable city policies and regulations; 2 . that transportation services be required for shelter residents "if necessary or advisable" ; 3 . that security measures and on-site supervision at County-operated homeless shelters be "appropriate and adequate"; and 4 . that Single Family Residential land use designations should not be excluded in determining sites for County- operated homeless shelters . See Planning Commission Resolution No. 16-1994 . On April 26, 1994, this Board expressed its intent to approve the General Plan Amendment as recommended to be modified by the Planning Commission, except this Board did not approve the recommendation set forth as no. 1 in the preceding paragraph. 4 II . DESCRIPTION OF THE RECORD For purposes of CEQA and these findings, the record before this Board relating to the Project includes, without limitation, the following: 1 . the EIR, including the Responses to Comments document; 2 . all documentary and oral evidence received and reviewed at public hearings relating to the Project and the EIR; 3 . all staff reports, recommendations, and documents presented to this Board regarding the Project and the EIR; 4 . all resolutions and recommendations by the Planning Commission regarding the General Plan Amendment; 5 . the County General Plan; and 6 . all matters of common knowledge to this Board. III . CERTIFICATION OF EIR This Board finds that: 1 . the EIR has been completed in compliance with CEQA; 2 . the EIR was presented to this Board and that this Board reviewed and considered the information contained in the EIR before approving the Project; and 3 . the EIR reflects the independent judgment of this Board. IV. FINDINGS REGARDING INSIGNIFICANT IMPACTS A. Land Use and Planning Policies 1 . Office\Warehouse a. Facts According to the EIR (at page 3 . 18) , the Office\Warehouse is not inconsistent with the County General Plan' s land use designation of Light Industrial . The site for the Office\Warehouse is designated Light Industrial . This land use designation allows for warehousing and storage, along with accompanying office use. The Office\Warehouse will not create a potential significant land use and planning impact (page 3 . 18) . 5 b. Findings This Board finds that, based on the facts and conclusions in the EIR, there is not a significant impact regarding the Office\Warehouse and land use and planning policies . B. Traffic Safety a. Facts The EIR concludes that the Shelter and Office\Warehouse will not create a potential significant traffic safety impact (pages 3 . 32 and 3 . 34 ) . A potential significant impact will not be created because, among other facts and reasons set forth in the EIR, pedestrian crossings between the Shelter and the Office\Warehouse will not exceed approximately 40 per week, large semi-trucks or trailers are not at the Shelter regularly, and sight distances on Arnold Industrial Way are sufficient to allow safe traffic conditions (pages 3 . 19-3 .26, 3 . 32 , and 3 . 34 ) . b. Findings This Board finds that, based on the facts and conclusions in the EIR, there is not a significant impact regarding traffic safety. C. Parking Demand a. Facts The EIR concludes that the Shelter and Office\Warehouse will not create a potential significant parking demand impact (page 3 . 35) . A potential significant impact will not be created because, among other facts and reasons set forth in the EIR, the Shelter and Office\Warehouse have an adequate number of parking spaces available on their sites and on the frontages of Arnold Industrial Way to accommodate the parking demand (pages 3 .26- 3 .29 , and 3 . 35) . b. Findings This Board finds that, based on the facts and conclusions in the EIR, there is not a significant impact regarding parking demand. D. Transit Service a. Facts The EIR concludes that the Shelter will not create a potential significant transit service impact (pages 3 . 35-3 . 36 ) . There will not be a potential significant impact because the Shelter includes the provision of van service to transport residents, 6 there is a CCCTA bus stop available to residents approximately one-half mile east of the Shelter, and some residents have automobiles (pages 3 . 30-3 . 32, and 3 ..35-3 . 36 ) . Although the EIR concludes that there is not a significant impact regarding transit service, the EIR discusses the desirability of establishing a bus stop on the northwest side of Arnold Industrial Way in front of the Shelter (page 3 . 36) . The establishment of a bus stop would require the modification of CCCTA Route 100 and the approval of the CCCTA Board of Directors, which could take between one and twelve months (page 3 . 36 ) . The establishment of the bus stop would also require the granting of an encroachment permit by the County Public Works Department, which would be a ministerial action (page 3 . 36 ) . A curb-cut for access by handicapped persons is encouraged. The establishment of the bus stop would not bring the number of parking spaces available on Arnold Industrial Way below the amount needed for the Shelter (page 3 . 36 ) b. Findings This Board finds that, based on the facts and conclusions in the EIR, there is not a significant impact regarding transit service. Nevertheless, based on the discussion in the EIR, this Board finds that it would be desirable to have a bus stop on Arnold Industrial Way in front of the Shelter. Accordingly, the Housing Authority, on behalf of the County, is directed to apply to the CCCTA for the establishment of the bus stop. Moreover, the Public Works Department is directed to grant an encroachment permit as required. The Community Development Department is also directed to pursue a curb-cut at the bus stop, if necessary. E. Air Quality: Carbon Monoxide a. Facts The EIR discusses air quality on pages 3 . 37 through 3 .47 . According to the EIR, the levels of carbon monoxide at the Shelter and the Office\Warehouse are below State of California and federal standards (page 3 .46) . The EIR concludes that there will not be a potentially significant impact regarding carbon monoxide and air quality (page 3 .46 ) . b. Findings This Board finds that, based on the facts and conclusions in the EIR, there is not a significant impact regarding carbon monoxide and air quality. 7 F. Ambient Air Quality a. Facts The EIR discusses air quality on pages 3 . 37 through 3 . 47 . The EIR concludes that there are no significant air quality impacts regarding the Shelter and Office\Warehouse (pages 3 .46-3 .47 ) . A potential significant impact will not be created because of the following, among other facts and reasons set forth in the EIR: anticipated increases in applicable air quality standards and emission controls; the gradual decrease of use of older cars that do not meet modern emission standards; and the emission standards imposed by permits issued to industries in the North Concord area are intended to provide safe air quality standards (pages 3 .47- 3 .47 ) . b. Findings This Board finds that, based on the facts and conclusions in the EIR, there is not a significant impact regarding ambient air quality. G. Noise: Shelter and Office\Warehouse a. Facts The EIR discusses noise on pages 3 .48 through 3 .56 . The EIR concludes that there are no significant noise impacts regarding the Shelter and the Office\Warehouse (pages 3 .54-3 .56 ) . A potential significant impact will not be created because, among other facts and reasons set forth in the EIR, the noise levels at the Shelter (including the passive recreation area at the northeast corner of the site) and the Office\Warehouse were found to be within County General Plan and State standards (pages 3 .53- 3 .56 ) . b. Findings This Board finds that, based on the facts and conclusions in the EIR, there is not a significant impact regarding noise at the Shelter or the Office\Warehouse. H. Noise: Shelter-Generated Noise a. Facts The EIR discusses noise on pages 3 .48 through 3 . 56 . The EIR concludes that there are no significant impacts regarding Shelter-generated noise (page 3 .56 ) . A potential significant impact will not be created because, among other facts and reasons set forth in the EIR, the house rules for the Shelter (Appendix G to the EIR) generally require residents to stay inside and no 8 radios are allowed (page 3 . 56 ) . b. Finding This Board finds that, based on the facts and conclusions in the EIR, there is not a significant impact regarding Shelter- generated noise. I . Risk of Upset: Safety a. Facts The EIR discusses the risk of upset with respect to industrial and other uses in the North Concord area on pages 3 .57 through 3 . 65 . The EIR concludes that there are no significant impacts regarding the risk of upset and the safety of persons at the Shelter and Office\Warehouse (pages 3 . 64-3 . 65) . A potential significant impact will not be created because, among other facts and reasons set forth in the EIR, the Shelter and Office\Warehouse are a sufficient distance from Buchanan Field airport, the closest above-ground petroleum storage tank, and the nearest abandoned petroleum well . In addition, pipelines are designed to safely convey gas and\or liquids (pages 3 . 57-3 . 58, and 3 . 64-3 . 65) . b. Findings This Board finds that, based on the facts and conclusions in the EIR, there is not a significant impact regarding risk of upset with respect to industrial and other uses in the North Concord area. J. Risk of Upset: Hazardous and Toxic Materials a. Facts The EIR discusses the risk of upset with respect to exposure to hazardous and toxic materials on pages 3 . 58 through 3 . 65 . The EIR concludes that there is no significant impact regarding the risk of upset and the safety of persons at the Shelter and Office\Warehouse (pages 3 .58-3 . 65) . A potential significant impact will not be created because, among other facts and reasons set forth in the EIR, hazardous material operations in the North Concord area are regulated and monitored, and tests showed that mercury and lead levels did not pose a significant health hazard (pages 3 . 58-3 . 65) . b. Findings This Board finds that, based on the facts and conclusions in the EIR, there is not a significant impact regarding risk of upset with respect to exposure to hazardous and toxic materials . 9 K. Public Services a. Facts The EIR discusses public services on pages 3 . 66 through 3 . 68 . The EIR concludes that there is no significant impact regarding the use of public services (pages 3 . 67-3 . 68) . A potential significant impact will not be created because, among other facts and reasons set forth in the EIR, the Shelter and Office\Warehouse will not create an extraordinary demand for police, fire, or sanitary sewer services (pages 3 . 66-3 . 68) . b. Findings This Board finds that, based on the facts and conclusions in the EIR, there is not a significant impact regarding the use of public services . V. FINDINGS REGARDING POTENTIALLY SIGNIFICANT IMPACTS THAT WILL BE MITIGATED A. Land Use and Planning Policies 1 . General Plan Amendment a. Facts According to the EIR (at pages 3 . 16-3 . 17) , a potentially significant land use and planning impact concerns the General Plan Amendment ' s consistency and compatibility with General Plan policies . To mitigate this potentially significant impact, the EIR identifies (at pages 3 . 16-3 . 17 ) the following that are incorporated into the General Plan Amendment: the requirement that this Board must be satisfied that certain criteria are met before a County-operated homeless shelter will be established; and the listing of certain land use designations where County- operated homeless shelters will not be established. Among the criteria that this Board must be satisfied are met are that the proposed homeless shelter will not unduly damage the health, safety, and welfare of the surrounding community, and will not prevent the implementation of General Plan land uses in the vicinity. (See Appendix B to the EIR. ) The General Plan Amendment has been modified to exclude the establishment of a County-operated homeless shelter in all Open Space land use designations . (See the Response to Comments document. ) The EIR for the General Plan Amendment is a program EIR. The EIR concludes that this impact would be mitigated to a level of insignificance (page 3 . 17 ) . 10 b. Findings This Board finds that the recommended mitigation measures are adopted and will mitigate the impact discussed above to a level of insignificance. This impact will be mitigated to a level of insignificance because of the following: the General Plan Amendment requires that this Board be satisfied that criteria be met before a County-operated homeless shelter is established; certain land use designations have been excluded from the establishment of County-operated shelters; and the EIR for the General Plan Amendment is a program EIR. Accordingly, before a specific County-operated homeless shelter is established, it will be subject to environmental review and a review by this Board of, among other things, the effect of the proposed shelter on the health, safety, and welfare of the surrounding community, and whether the proposed shelter prevents the implementation of General Plan land uses in the vicinity. 2 . Shelter a. Facts The EIR (at pages 3 . 17-3 . 18) identifies the concerns of some nearby property owners that the Shelter is a land use inconsistent with adjoining land uses as a potentially significant environmental impact. However, most of these concerns relate only to social and economic impacts of the Shelter. (Social and economic impacts are not environmental impacts . See §15131 of the CEQA Guidelines . ) The EIR concludes (at page 3 . 18) that the potentially significant impact is mitigated by the following which are incorporated into the Shelter: the Shelter rules and regulations for Shelter residents (see appendices G and C to the EIR) ; and the physical improvements that have been made at the shelter facility to ensure that residents do not disturb neighbors . b. Findings This Board finds that the recommended mitigation measures are adopted and will mitigate the impact discussed above to a level of insignificance. This impact will be mitigated to a level of insignificance because the Shelter rules and regulations, along with the physical improvements that have been made at the facility, will minimize contacts between residents of the Shelter and nearby property owners and businesses . The Shelter will not admit drop-ins . Admission to the Shelter is by referral only. Shelter activities are primarily restricted to inside the facility or in the outside passive recreation area. No loitering in front of the Shelter or along Arnold Industrial Way is allowed. Permission must be obtained before residents may visit the adjoining cemetery. Residents of the Shelter are required to follow rules that prohibit misconduct. 11 VI . FINDINGS REGARDING ALTERNATIVES TO PROJECT The EIR evaluates and compares many alternatives to the Project, including the No Project Alternative, General Plan Amendment-Only Alternative, Shelter-Only Alternative, Winter Shelter-Only Alternative, and alternative site locations . This Board finds that the EIR sets forth a reasonable range of alternatives to the Project to foster informed decision making and informed public participation and to permit a reasoned choice. This Board finds that the alternatives are adequately discussed and evaluated in the EIR. This Board adopts the findings set forth below regarding these alternatives . A. No Project Alternative This alternative assumes that there would be no General Plan Amendment, Shelter, and Office\Warehouse. This Board finds that this alternative is infeasible and rejects this alternative for the following reasons : 1 . Providing shelter to homeless adults is an important social objective. Accordingly, the social benefit of providing shelter for homeless adults outweighs the insignificant environmental cost of the General Plan Amendment and Shelter. 2 . A benefit of the General Plan Amendment is that it facilitates the establishment of County-operated homeless shelters . This benefit will be foregone if the No Project Alternative is adopted. 3 . A benefit of the Shelter is that it provides shelter to 60 homeless adults, with a capacity for 100 homeless adults during the winter months . This benefit will be foregone if the No Project Alternative is adopted. 4 . The Housing Element of the County General Plan sets forth a goal of addressing the emergency housing needs of the homeless . This goal will be thwarted if the No Project Alternative is adopted. 5 . A benefit of the Office\Warehouse is that it centralizes warehouse and office space regarding County homeless program and Housing Authority staff . This benefit will be foregone if the No Project Alternative is adopted. 12 B. General Plan Amendment-Only Alternative This alternative assumes that there would only be the General Plan Amendment, and not the Shelter and Office\Warehouse. This Board finds that this alternative is infeasible and rejects this alternative for the following reasons : 1 . A benefit of the Shelter is that it provides shelter to 60 homeless adults, with a capacity for 100 homeless adults during the winter months . This benefit will be foregone for an uncertain period if the General Plan Amendment-Only Alternative is adopted. 2 . A benefit of the Office\Warehouse is that it centralizes warehouse and office space regarding County homeless program and Housing Authority staff . This benefit will be foregone if the General Plan Amendment-Only Alternative is adopted. 3 . The Housing Element of the County General Plan sets forth a goal of addressing the emergency housing needs of the homeless . This goal will be thwarted if the General Plan Amendment-Only Alternative is adopted. 4 . Providing shelter to homeless adults is an important social objective. Since the Shelter does not involve significant environmental impacts, the above benefits and social objective of the Shelter outweigh the insignificant environmental cost of the Shelter. C. Shelter-Only Alternative This alternative assumes that there would only be the Shelter and General Plan Amendment, and not the Office\Warehouse. The draft EIR identified this alternative as the environmentally superior alternative. This Board finds that this alternative is infeasible and rejects this alternative for the following reasons : 1 . A benefit of the Office\Warehouse is that it centralizes warehouse and office space regarding County homeless program and Housing Authority staff. This benefit will be foregone if the Shelter-Only Alternative is adopted. Staff would be scattered throughout the central county. 13 2 . Benefits of the Office\Warehouse are that it provides a use related in part to the Shelter across the street and places and centralizes staff involved in County homeless programs near the Shelter. These benefits will be foregone if the Shelter-Only Alternative is adopted. 3 . The Office\Warehouse does not add significant environmental impacts for the Project. 4 . Since the Office\Warehouse does not involve significant environmental impacts, the above benefits of the Office\Warehouse outweigh the insignificant environmental cost of the Office\Warehouse. D. Winter Shelter-Only Alternative This alternative assumes that there would only be the Shelter and General Plan Amendment, and the Shelter would only operate in winter months . This alternative would not involve the Office\Warehouse. This Board finds that this alternative is infeasible and rejects this alternative for the following reasons : 1 . A benefit of the Shelter is that it helps residents of the Shelter obtain self-sufficient lifestyles . Along these lines, the Shelter provides numerous support services for residents . This benefit will be significantly reduced if the Winter Shelter-Only Alternative is adopted, since time in the shelter would be more limited. 2 . A benefit of the Shelter is that it provides shelter to homeless adults . This benefit will be foregone for many months out of the year if the Winter Shelter-Only Alternative is adopted. 3 . Providing year-round shelter to homeless adults is an important social objective. Accordingly, this social benefit outweighs the insignificant environmental cost of the Shelter. 4 . A benefit of the Office\Warehouse is that it centralizes warehouse and office space regarding County homeless program and Housing Authority staff . This benefit will be foregone if the Winter Shelter-Only Alternative is adopted. Staff would be scattered throughout the central county. 14 5 . Benefits of the Office\Warehouse are that it provides a use related in part to the Shelter across the street and places and centralizes staff involved in County homeless programs near the Shelter. These benefits will be foregone if the Winter Shelter-Only Alternative is adopted. 6 . The Office\Warehouse does not add significant environmental impacts for the Project. 7 . Since the Office\Warehouse does not involve significant environmental impacts, the above benefits of the Office\Warehouse outweigh the insignificant environmental cost of the Office\Warehouse. E. Alternative Sites The County and the Housing Authority have evaluated at least 23 sites in central and east county for the possible establishment of a County-operated homeless shelter. There has been strong, united, and political opposition to the possible placement of County-operated homeless shelters in residential areas and in central business area districts . Accordingly, this Board finds that it is not feasible to place County-operated homeless shelters in such areas at this time. This Board incorporates by reference herein the history of such opposition found in the County' s and this Board' s return and answer, filed December 6, 1991, in Taxpayers of the Industrial Community of North Concord v. County, et al . (Contra Costa County Superior Court no. C91-05617) . This Board finds that rural areas are infeasible locations for homeless shelters due to the long distances to services and employment opportunities . This Board finds, at this time, that the development of County- operated homeless shelters on vacant parcels is infeasible because of the high, prohibitive costs and long amounts of time involved in such development. Development of homeless shelters on vacant lots involves designing and constructing the facility, and therefore involves additional time and costs, including costs for architectural, engineering, and construction services . This Board finds that the following alternative sites are a reasonable range of alternative sites to the Shelter to foster informed decision making and informed public participation and to permit a reasoned choice. This Board finds that the alternative sites are adequately discussed and evaluated in the EIR. This Board adopts the findings set forth below regarding these 15 alternative sites . 1 . 5189 Commercial Circle (Assessor Parcel Number 159-040-082) This alternative site is a 2 . 88 acre vacant parcel fronting Bates Avenue in the North Concord area. This Board finds that this alternative site is infeasible and rejects it for the following reasons : 1 . The parcel is much larger than the County needs for a homeless shelter. 2 . Development of homeless shelters on vacant lots involves designing and constructing the facility, and therefore involves significant time and costs, including costs for architectural, engineering, and construction services . 3 . This alternative presents a potential geologic hazard, since it is within an area of high liquefaction potential . 4 . During development, the provision of shelter to homeless adults would not occur at the site. 2 . Developed Land on Corner of Arnold Industrial Way and Pike Lane (Assessor Parcel No. 159-060-093) This alternative site is on developed land. This Board finds that this alternative site is infeasible and rejects it for the following reasons : 1 . The development of the existing facility into a homeless shelter involves redesigning and rehabilitating the facility, and therefore involves significant time and costs, including costs for architectural, engineering, and construction services . 2 . During rehabilitation, the provision of shelter to homeless adults would not occur at the site. 3 . Imhoff Drive\Waterbird Way This alternative site is a vacant parcel owned by the County directly across the street from the Central Contra Costa Sanitary District in the unincorporated area near Martinez . This Board finds that this alternative site is infeasible and rejects it for 16 the following reasons : 1 . This alternative presents a potential significant impact since this site is in a flood hazard area. 2 . During the time to develop the alternative site, the provision of shelter to homeless adults would not occur at the site. 3 . Development of homeless shelters on vacant lots involves designing and constructing the facility, and therefore involves significant time and costs, including costs for architectural, engineering, and construction services . 4 . This alternative site is surrounded by a residential neighborhood of single family homes . 5 . This alternative site is not available for a permanent shelter because the County Animal Services Department may be required to relocate to the site. 6 . Close proximity to the sanitary district may expose shelter residents to very objectionable odors . 7 . The sanitary district considers this alternative site as a buffer zone where high occupancy uses are discouraged. 4 . Muir Road\Glacier Drive, Martinez This alternative site is County-owned property where operations of the Sheriff ' s Department and Public Works Department are located. A new facility would have to be constructed for a homeless shelter at this site. This Board finds that this alternative site is infeasible and rejects it for the following reasons : 1 . The development of the vacant portion of the parcel into a homeless shelter involves designing and constructing a new facility, and therefore involves significant time and costs, including costs for architectural, engineering, and construction services . 2 . The long and narrow shape of this alternative site is not suitable for the construction of 17 a homeless shelter. 3 . This alternative site is next to a residential neighborhood of single family homes . 4 . The County has certified an EIR for this site, and the EIR contemplates the establishment of a civic center. 5 . During development, construction, or rehabilitation, the provision of shelter to homeless adults would not occur at the site. 5 . Buchanan Field, Concord This alternative site is a 578-acre site in the unincorporated area. The site is the location of an airport. This Board finds that this alternative site is infeasible and rejects it for the following reasons : 1 . The County General Plan provides that land uses at this site should enhance the airport function of the property. This objective would not be met by the placement of a homeless shelter at the site, since the function of an airport is not consistent with the function of a shelter. 2 . Land use decisions for this site are guided by the Buchanan Field Airport Master Plan. 3 . This alternative presents a potential geologic hazard, since it is within an area of high liquefaction potential, and presents a potentially significant impact regarding noise. Accordingly, the environmental cost of this alternative site outweighs any potential benefit. 4 . The development of the vacant portion of the parcel or an existing facility into a homeless shelter involves redesigning and rehabilitating the facility, and therefore involves significant time and costs, including costs for architectural, engineering, and construction services . 5 . During development, construction, or rehabilitation, the provision of shelter to homeless adults would not occur at the site. 18 6 . Delta Fair Boulevard, Antioch This alternative site is County-owned property and is the location of a Social Service Department office. This Board finds that this alternative site is infeasible and rejects it for the following reasons : 1 . This alternative site is next to a residential neighborhood of single family homes . 2 . The development of the vacant portion of the parcel or an existing facility into a homeless shelter involves designing, constructing and rehabilitating a facility, and therefore involves significant time and costs, including costs for architectural, engineering, and construction services . 3 . During development, construction, or rehabilitation, the provision of shelter to homeless adults would not occur at the site. 4 . The city of Antioch is not supportive of a shelter at this site. F. Analysis of Sites for Central County Homeless Shelters This Board adopts and incorporates by reference herein the "Analysis of Sites for Central County Homeless Shelter, " in Appendix J of the EIR. G. The Shelter is Superior to the Alternative Sites This Board finds that the Shelter is superior to the alternative sites for the following reasons, among other reasons stated herein and in the EIR: 1 . No significant environmental impacts will result from the Shelter. 2 . The Shelter is not opposed by the City of Concord and is supported by advocates for the homeless . 3 . The Shelter is separated from the nearest residential neighborhood by State Highway 4 . 4 . The facility at 2047 Arnold Industrial Way is currently used as a homeless shelter and will only require some rehabilitation to the facility (regarding bathrooms, a kitchen, classrooms, 19 offices, a residents ' lounge, a dining room, and storage) . The costs of such rehabilitation are significantly less than having to construct a facility on a vacant parcel or rehabilitate a facility that has not been used for a shelter. VII . FINDINGS REGARDING MITIGATION MONITORING PROGRAM This Board is required to adopt a monitoring or reporting program regarding mitigation measures adopted in connection with these findings . . The Project must comply with all of the mitigation measures set forth above in section V. and with all applicable legal requirements . The Board adopts the following mitigation monitoring program: 1 . Since the potentially significant impact regarding the General Plan Amendment and land use and planning policies is mitigated to a level of insignificance by matters incorporated into the General Plan Amendment, the method of monitoring will be the existing requirement that this Board must approve any changes in the County General Plan. The Community Development is directed to inform this Board of this EIR and monitoring program any time a change in the wording of the General Plan Amendment is brought before this Board. 2 . As to the potentially significant impact regarding the Shelter and land use and planning policies, the mitigation measures are in place. The mitigation measures, discussed above in section V. , are the Shelter rules and regulations, and the physical improvements that have been made at the Shelter to ensure that residents do not disturb neighbors . The Housing Authority is directed to annually report to this Board that the mitigation measures remain in place. The first report from the Housing Authority is due by September 1994 and each September after that. The documents on which the decision to certify the EIR and approve the Project are at the Current Planning Division of the County Community Development Department, at 651 Pine Street, North Wing, Martinez, California. 20 VIII . ADOPTION OF THE GENERAL PLAN AMENDMENT This Board adopts the General Plan Amendment, modified consistent with part of Planning Commission Resolution No. 16-1994 . This Board accepts the following three modifications by the Planning Commission to the General Plan Amendment: 1 . that the transportation services be required for shelter residents "if necessary and appropriate"; 2 . that security measures and on-site supervision at County-operated homeless shelters be "appropriate and adequate"; and 3 . that Single Family .Residential land use designations should not be excluded in determining sites for County-operated homeless shelters . The other recommended modifications suggested by the Planning Commission are not accepted by this Board. A copy of the General Plan Amendment adopted by this Board is attached hereto as Attachment 1 and incorporated by reference herein. This Board adopts the General Plan Amendment for the following reasons : 1 . To facilitate the County' s establishment of homeless shelters within the County after consideration of the interests of homeless persons and the surrounding community. 2 . To further the public health, safety, and welfare. IX. FINDINGS THAT THE CRITERIA OF THE GENERAL PLAN AMENDMENT ARE SATISFIED WITH RESPECT TO THE SHELTER This Board finds that it is satisfied that the Shelter complies with all of the criteria set forth in the Land Use Element of the General Plan Amendment. This Board makes the following findings : 1 . The Shelter has undergone applicable environmental review. The EIR for the Shelter has been certified by this Board as set forth in these findings . 2 . The Shelter will furnish residents with sleeping quarters, food, and access to bathroom facilities and transportation services while they are housed at the Shelter. See the project description on pages 2 . 3 through 2 . 5 of the EIR. 3 . The Shelter will include appropriate and adequate security measures and on-site supervision. See pages 4 21 and 5 of the project description found in Appendix C of the EIR. The Shelter will have a minimum of two staff persons at the Shelter at all times . Residents of the Shelter are required to follow rules that prohibit misconduct. The Shelter is within a patrol beat patrolled by the County Sheriff ' s Department. 4 . The Shelter provides a procedure for the receipt and consideration of neighbors ' concerns . The neighbors of the Shelter will be invited to participate in a Community Advisory Committee to monitor the Shelter and work with staff to resolve any problems that arise. See page 6 of the project description found in Appendix C of the EIR. 5 . The Shelter will benefit the health, safety and welfare of Shelter residents . The Shelter provides beds, bathroom facilities, food, transportation services, and many support services to residents . See the project description on pages 2 . 3 through 2 . 5 of the EIR. 6 . The Shelter will not unduly damage the health, safety, and welfare of the surrounding community. See the Shelter house rules and regulations in Appendix G of the EIR and the project description found in Appendix C of the EIR. The Shelter will not admit drop-ins . Admission to the Shelter is by referral only. Shelter activities are primarily restricted to inside the facility or in the outside passive recreation area. No loitering in front of the Shelter or along Arnold Industrial Way is allowed. Permission must be obtained before residents may visit the adjoining cemetery. Residents of the Shelter are required to follow rules that prohibit misconduct. Residents ' contacts with neighbors of the Shelter are limited. 7 . The Shelter will not prevent the implementation of the General Plan uses in the vicinity. The area within approximately within one-half mile of the Shelter and north of State Highway 4 is designated Light Industrial in the County General Plan. The Shelter' s activities do not prevent the establishment or operations of light industrial uses in the area. See paragraph no. 6 above. X. LEASE OF 2047 ARNOLD INDUSTRIAL WAY Attached hereto as Attachment 2 is the Lease Amendment, dated December 8, 1992, regarding the County' s lease of 2047 Arnold Industrial Way. The Lease Amendment was inadvertently not included in Appendix A to the EIR. 22 ATTACHMENT 1 EXHIBIT A PROPOSED HOMELESS SHELTER GENERAL PLAN AMENDMENT CONTRA COSTA COUNTY FILE #GPA 3-93-CO INTRODUCTION This is an amendment to the Contra Costa County General Plan, 1990-2005 . The amendment pertains to text modifications to the Land Use and Public Facilities/Services Elements of the General Plan as described by the following discussion. LAND USE ELEMENT MODIFICATION Add the following text to the end of page 3-86 of the Land Use Element: 3. 10 POLICIES FOR ESTABLISHMENT OF COUNTY HOMELESS SHELTERS INTRODUCTION Background information on Homelessness is also discussed in Section 6. 6 of Chapter 6, the Housing Element. Beginning on Page 6-61 of the Housing Element of this general plan, and specifically in Table 6-15 on page 6-62 , non-County homeless shelters are discussed. The Housing Element discussion does not apply to County homeless shelters. The purpose of the following policies is to designate where County homeless shelters may be established and under what circumstances. Other policies that address homelessness are contained in the Public Facilities/Services Element. 3-XXX County homeless shelters may be established in all general plan land use designations (including residential, commercial and industrial , mixed use areas, and other uses) , except for Congregate Care/Senior Housing, Landfill , and all Open Space (including Agricultural Lands, Parks and Recreation, Agricultural Core, Delta Recreation and Resources, Water, and Watershed) designations. County homeless shelters may be established within areas that lie in incorporated -or unincorporated areas. 3-XXX A County homeless shelter may be established as set forth above, provided that the Board of Supervisors is satisfied that the shelter: (1) has undergone applicable environmental review; (2) will furnish residents with sleeping quarters, food, and access to bathroom facilities and transportation services if necessary or advisable while they are housed at the shelter; (3) will include appropriate and adequate security measures and on-site supervision; GPA-2 (4) will provide a procedure for the receipt and consideration of neighbors' concerns; (5) will benefit the health, safety and welfare of shelter residents; (6) will not unduly damage the health, safety, and welfare of the surrounding community; and (7) will not prevent the implementation of General Plan land uses in the vicinity. PUBLIC FACILITIES/SERVICES ELEMENT MODIFICATION Insert the following text immediately prior to Section 117 . 15 Other Public Facilities" on Page 7-79 of the Public Facilities/Services Element and adjust section numbering accordingly: 7. 15 HOMELESS FACILITIES/SERVICES HOMELESS SERVICES AND FACILITIES GOALS 7-XXX To encourage, if possible, the development of homeless shelters and support services in the County. HOMELESS FACILITES/SERVICES POLICIES 7-XXX Proposed developers' projects may be encouraged by the County to contribute to County homeless shelters. FD1:hom2 .gpa RD rev. 3/24/94 3/30/94 4/5/94 5/4/94 5/5/94 GPA-3 ATTACHMENT 2 LEASE AMENDMENT 2047 Arnold industrial Nay, Units "A", "B" and "C" Concord, California 1. PARTIES: Effective on DEC $ 1992 , the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter called "COUNTY," and the MORAN FAMILY TRUST, hereinafter called "LESSOR," mutually agree and promise as follows: 2. PURPOSE: The parties desire to amend that tease entered into between LESSOR and COUNTY, dated May 19, 1992 for 2047 Arnold industrial Nay, Units "B" and "C", Concord, for the purpose of adding Unit "A" and its fenced and paved yard on December 1, 1992. 3.- AMENDMENTS: Paragraphs A.3. LEASE OF PREMISES, A.6. RENT, A.l. EXTENSION, A.12. EXHIBITS AND ATTACHMENTS, and C.I. RIGHT OF FIRST REFUSAL, are deleted in their entirety and replaced by the following: A.3. LEASE OF PREMISES: LESSOR, for and in consideration of the rents, hereby leases to COUNTY, and COUNTY leases from LESSOR those certain premises shown on Exhibit "B" attached hereto and made a part hereof and described as follows: A. Approximately 10,000 square feet of warehouse and office space, and 10 parking spaces, commonly known as 2047 Arnold Industrial Hay, Units "B" and "C", Concord, California. B. Approximately 4,960 square feet of warehouse and office space, 5 parking spaces, and a fenced and paved yard commonly known as 2047 Arnold Industrial Nay, Unit "A", Concord, California, shall be added commencing December 1, 1992. A.6. RENT: A.`y Base Rental: COUNTY shall pay to LESSOR for the use of said premises a monthly base rental as follows: 1. FOUR THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($4,500.00) per month from June 1, 1992 through November 30, 1992. 2. SEVEN THOUSAND AND NO/100 DOLLARS ($7,000.00) per month from December 1, 1992 through November 30, 1993. —1— 3. SEVEN THOUSAND THREE HUNDRED FIFTY AND NO/100 DOLLARS (17,350.00) per month from December 1, 1993 through November 30, 1994. 4. SEVEN THOUSAND SEVEN HUNDRED AND NO/100 DOLLARS $7,700.00) per month from December 1, 1994 through November 30, 1995. 5. EIGHT THOUSAND FIFTY AND NO/100 DOLLARS ($8,050.00) per month from December 1, 1995 through November 30, 1996. B. Monthly Payments: The total monthly rental shall be payable in advance on the tenth day of each month during the term of this Lease to: MORAN FAMILY TRUST 2099 "B" Arnold Industrial Nay Concord, CA 94520 A.7. EXTENSION: This Lease may, at the option of the COUNTY, be extended upon the same terms and conditions, except the rental shall be adjusted as follows: A. First Option: For a TWO (2) year term, commencing December 1, 1996 and ending November 30, 1998, at a monthly base rental as follows: 1. EIGHT THOUSAND FOUR HUNDRED AND NO/100 DOLLARS ($8,400.00) per month from December 1, 1996 through November 30, 1997. 2. EIGHT THOUSAND SEVEN 14UNDRED FIFTY AND NO/100 DOLLARS ($8,750.00) per month from December 1, 1997 through November 30, 1998. B. Second Option: For a TWO (2) year term, commencing December 1, 1998 and ending November 30, 2000, at a monthly base rental as follows: 1. NINE THOUSAND ONE HUNDRED AND NO/100 DOLLARS ($9,100.00) per month from December 1, 1998 through November 30, 1999. 2. NINE THOUSAND FOUR HUNDRED FIFTY AND NO/IOO DOLLARS ($9,450.00) per month from December 1, 1999 through November 30, 2000. -2- C. Third Option: For a TWO (2) year term, commencing December 1, 2000 and ending November 30, 2002, at a monthly base rental as follows: 1. NINE THOUSAND EIGHT HUNDRED AND NO/100 DOLLARS ($9,800.00) per month from December 1, 2000 through November 30, 2001. 2. TEN THOUSAND ONE HUNDRED FIFTY AND NO/100 DOLLARS ($10,150.00) per month from December 1, 2001 through November 30, 2002. It is understood and agreed COUNTY shall give LESSOR ninety (90) ,days prior written notice of its intention to exercise any option to extend this Lease. However, in the event COUNTY does not give such written notice, its right to exercise any option before termination of the Lease shall not expire until fifteen (15) working days after receipt of LESSOR's written demand to exercise or forfeit said option. A.12. EXHIBITS AND ATTACHMENTS: Section B, Standard Provisions, Section C, Special Provisions, and Exhibit 8, Premises are attached to this Lease and are made a part hereof. C.I. RIGHT OF FIRST REFUSAL: If, during the term of this Lease or any extension thereof, LESSOR or his successor in interest offers to lease Unit "D" as shown on Exhibit "B", LESSOR must make said offer to COUNTY prior to any other party. Upon COUNTY's refusal of said offer, it may be made to others. COUNTY shall have thirty (30) days in which to meet the terms and conditions of such offer. If COUNTY does not act within said 30-day period, LESSOR shall be free to lease premises in accordance with the terms and conditions of said offer. �. It is understood and agreed that with respect to Unit "A" as shown on Exhibit "B", the COUNTY has fulfilled its obligation to pay to the LESSOR as rent, $3,000 per month, payments not to exceed a total of $18,000, until said Unit is leased. -3- 4. EFFECTS Except for the amendments agreed to herein, the Lease of May 19, 1992 remains in full force and effect. COUNTY LESSOR COUNTY OF CONTRA COSTA, a political MORAN FAMILY TRUST subdivision of the State of California J& ByDirec r o Gene erv�ces By�H. Moran, Trustee RECOMMENDED FOR APPROVAL: orothy J. Iyon, Trustee By Deputy unty A mini trator , By L a a ifager xz APPROVED AS TO FORM: VICTOR J. HESTMAN, County Counsel By (7���"�� epu TE:dp 2047Arn.Amd -4- 13 1 B l N .. 11; 0UUA o=Q2. / s � a � o Q a �� pry Z > �N O ti Q ON p rd .n r Z o o = Cs Z o CIr N 4 W N r wi d r Z O O Ye, tra- �w J' r -C', p �v O- W tNt1 trill dZ H o :Ica r N w Q4'S cn C7 CA a+ o JQ 99 s r 0 letN W d �o d z C14 't a7 ¢ +S, uj Z LA W Ul W � � Z ' 1 ' •:`f ' :_' • TO: BOARD OF SUPERVISORS ; . Contra �' _ = Costa County FROM: HARVEY E. BRAGDON - DIRECTOR OF COMMUNITY DEVELOPMENT �'y'•, * . o DATE: May 5, 1994 �osT� courii� �y�4 SUBJECT: Administrative Policy for Establishing County-Operated Homeless Shelters in Incorporated Areas SPECIFIC REQUEST (S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Adopt the following policy: 1. Consistent with state law, the County shall refer any proposals to establish County-operated homeless shelters in an incorporated area to the respective city for an opportunity to determine if the proposed project is consistent with the city's general plan. 2 . If the County proposes to establish a County-operated homeless shelter in a city, the County shall comply with the city's lawful policies and regulations regarding homeless shelters, provided that the city's general plan provides for the siting of homeless shelters within its jurisdiction. FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS The 1994 Homeless Shelter General Plan Amendment (GPA) provides for the establishment of County-operated homeless shelters within the County. In the review of the proposed GPA, concerns were raised about the County establishing County-operated homeless shelters in cities. CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME ION OF O D COM14ITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON May 10, 1994 APPROVED AS RECOMMENDED OTHER x See Addendum for Board action. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IIS A _x UNANIMOUS (ABSENT 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 SHOkN. Contact:Robert Drake - 646-2091 Orig: Community Development Department ATTESTED May 10, 1994 cc: PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS A COUNTY ADMINISTRATOR BY , DEPUTY 2 . 2 . This administrative policy is intended to clarify the County's position with respect to possibly establishing County-operated homeless shelters in the incorporated areas of the County. The County General Plan, including the GPA, has no legal effect in cities. The reference in the GPA to establishing County-operated homeless shelters in incorporated areas was merely an acknowledgement that the County may consider establishing a homeless shelter in a city at some future time. RHD/aa BDI/Policy.RHD ADDENDUM TO ITEM D.IB MAY 10, 1994 On this date the Board of Supervisors considered a report from the Director of Community Development on a proposed Administrative Policy for establishing County-operated Homeless shelters in incorporated areas. The Board discussed the matter and took the following actions: 1. CONSIDERED the proposed administrative policy regarding establishing County- operated homeless shelters in incorporated areas; 2. REQUESTED that staff consult with appropriate City representatives on the policy; 3. REQUESTED that staff develop a siting policy for homeless shelters in residential areas and report to the Board of Supervisors in June, 1994.