HomeMy WebLinkAboutMINUTES - 06172003 - D4 TO:
BOA
RD OF SUPERVISORS/ Conti
REDEVELOPMENT AGENCY
` Costa
FROM: JOHN SWEETEN,
EXECUTIVE DIRECTORkk'
DENNIS.BARRY, AICD, � �e � y,,
COMMUNITY DEVELOPMENT DIRECTOR ' . - County'
DATE June 17, 2003
SUBJECT: Montalvin'Manor Redevelopment-Final Environmental Impact Report
SPECIFIC REQUEST(S)OR RECOMMENDATION{Sj&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT Concurrent Resolution of the Board of,Supervisors and Redevelopment Agency of
the Contra Costa County of the State of California, certifying review and consideration of the
Final Environmental Impact Report and making findings required by the California
Environmental Quality Act in the approval and adoption of the Redevelopment Plan for the
Montalvin Manor Redevelopment Project.
FINANCIAL'IMPACT:
The Redevelopment Plan adoption has identified the potential effects of revenue diversion to
the County General Fund and to County controlled funds. 'Staff has recommended that the
Board of Supervisors elect to receive the statutory pass-through'allowed by California
Redevelopment Law.
CONTINUED ON ATTACHMENT: Q YES' SIGNATURE:
[(RECOMMENDATION OF COUNTY ADMINISTRATOR Q RECOM ND' TION OF RD COMMITTEE
APPROVE r_1 OTHER
I
SIGNATURE(S).
ACTION OF BOARD ON him 17_ 2003
APPROVED AS RECOMMENDED M OTHER
VOTE OF SUPERVISORS: 1 HEREBY CERTIFY THAT THIS :.IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
X UNANIMOUS(ABSENT , clone } ENTERED ON THE MINUTES OF 'THE BOARD'OF
AYES: NOES: SUPERVISORS/AGENCY ON THE DATE SHOWN.
ABSENT: ABSTAIN: ATTESTED
,Tune 17, 2003
*Di trio III Seat VACA U*
Contact:' JOHN SWEETEN,CLERK OF THE BOARD OF
SU VISORWACENCY SECRETARY
cc: CAO
County Counsel
Community Development By- ; Deputy
Redevelopment Agency
Personal\boardorders\board.mm.eir.6.17".03
BACKGROQND:
The proposed Montalvin Manor Redevelopment Project Area ("Project Area") is located in the
unincorporated area of Contra Costa County, State of California. Neighboring cities include
Richmond and Pinole: The proposed Montalvin Manor Redevelopment Project Area ("Project
Area") is predominantly residential with limited revenue generating commercial uses.
The iproposed Project Area has experienced physical and economic decline. Without local
assistance through the tools of redevelopment, these properties will continue to decline,
increasing the existing physical burden on the community and further diminishing the economic
viability of the area.
The Agency has followed :the appropriate environmental review ;process, pursuant to the
California Environmental Quality Act (Public Resources Code Section 21000 et. seq.)
("CEQA") and the Guidelines for Implementation of the California Environmental Quality Act
(Title14, California Code of Regulations, Section,15000 et. seq.) ("CEQA Guidelines"), with
respect t o t he M ontalvin M anor R edevelopment P roject. A P rogram E nvironmental Impact
Report ("EIR") was prepared by the Agency for the Montalvin Manor Redevelopment Project.
The Agency will consider the certification of the EIR, the adoption of the Finding of Fact, and
the Mitigating Monitoring and Reporting Program.
On March`` 13, 2003, the County delivered a Draft EIR to the Mate Clearing Nouse for
distribution to all State Agencies. Draft EIR's were also delivered to all taxing agencies and
other interested parties and agencies for comments. Additionally, a' notice that the Graft EIR
has been completed was published in the Contra Costa Times on March 1`8, 2003. During the
45-day review period, the County received eight written and 2 oral' comments; regarding the
EIR. The comments, responses and/or revisions are included in the Final EIR.'
On June 3, 2003, the Contra Costa County=Planning Commission ("Planning Commission")
recommended to the Board of Supervisors and the Agency the certification of the Final EIR
THE BOARD OF SUPERVISORS AND THE REDEVELOPMENT AGENCY OF CONTRA
COSTA COUNTY, CALIFORNIA
Adoptedthis Order on.Time 'I7 ,`2003,by the following vete:
AYES:
.r
. 9upervsars Gioia, LTilkemMover and T')eSaulnier `•.�'
„r :«
NOES: None
ds �i
ABSENT: Now -r
ABSTAIN: None
**District III Seat vACW**
Resolution'No.:2003/500
SUBJECT: >Concurrent Resolution of the Board of Supervisors and Redevelopment Agency
of the Contra Costa County of the State of California, certifying review and
consideration of the Final Environmental Impact Report and malting findings
required by the California Environmental Quality Act in the approval and
adoption of the Redevelopment'Plan for the Montalvin Manor Redevelopment
Project
The Contra Costa County Beard of Supervisors and Redevelopment Agency RESOLVES
THAT
By the Contra Costa County Board of Supervisors (the"Board of Supervisors") and the
Redevelopment Agency(the"Agency"),that:
A Final Environmental Impact Report(the "Final EIR") on the Redevelopment Plan(the
"Flan")for the Montalvin Manor Redevelopment Project(the "Project")has been prepared by the
County of Contra Costa pursuant to the California Environmental'Quality Act(Public Resources
Code Sections 21000 et M., "CEQA"),the Guidelines for Implementation of the California
Environmental Quality Act(14 California Code of Regulations, Sections 15000 et M.,the
"State EIR Guidelines") and the County's and Agency's Guidelines for Implementing`CEQA(the
"Local Guidelines"); and
On March 13 2003,the County delivered a Draft EIR to the State Clearinghouse for
distribution to those agencies which have jurisdiction by law with respect to the Project, to all
affected taxing agencies and to other interested persons and agencies, and sought the comments
of such persons and agencies; and
Notice to all interested persons and agencies of the completion of the Draft EIR was
published in the Contra Costa County Times on March 18,;2003; and
On April 21, 2003,the County Zoning Administrator held a public hearing on the
Draft EIR; and
Eight written comments and two oral comments were received on the Draft EIR prier to
the close of the 45-day review period for submitting'comments on the Draft EIR. The comments
received and the County's responses to such comments, as well as revisions to the Draft EIR are
contained in the Final Environmental Impact Report document dated May 2003 (the"Response
to Comments"); and
On June 5, 2003,the County Zoning Administrator,by resolution, recommended
certification of the Final EIR and adoption of the necessary CEQA. findings, including the
Mitigation Monitoring Program; and
Personslt ocu encstresolution.ftnal.esr.mm.6.11.03
The Final EIR is incorporated by this reference in this Resolution, and consists of the
Draft EIR, the Response to Comments, and any additional comments received at the joint public
hearing together with the Board of Supervisors'and the Agency responses to those comments set
forth in the record of the public hearing; and
By resolution adopted on June 3,2003,the Contra Costa County Planning Commission
recommended to the Board of Supervisors and the Agency the certification of the Final EIR and
A joint;public hearing was held by the Board of Supervisors and the Agency on June 17,
2403 on the Plan and Final EIR, following notice duly and regularly given as required by law, `
and all interested persons expressing a desire to comment thereon or object thereto were heard,
and the Final EIR was considered; and
By this concurrent resolution,the Board of Supervisors, as the lead agency under CEQA
for preparing the Final EIR and the entity responsible for adopting the Plan and approving the
Project; and the Agency, as the agency responsible for preparing and carrying out the Plan under
the California Community Redevelopment Law (Health and Safety Code Section 33000 et seg.),
jointly desire to comply with the requirements:of CEQA, the State EIR Guidelines, and the Local
Guidelines for consideration, certification, and use of the Final EIR by lead and responsible
agencies in connection with the approval and subsequent implementation of the Plan.
The Board of Supervisors and the Agency hereby find and certify that the Final EIR has
been completed in compliance with CEQA, the State EIR Guidelines and the Local Guidelines;
that the Final EIR adequately addresses the environmental issues of the Project and the Plan; that
the Board of Supervisors and the Agency have reviewed and considered the information
contained in the Final EIR prior to approving the Project and the Plan; and that the Final EIR.
reflects the independent judgment of the Board of Supervisors and the Agency.
The Board.of Supervisors''and Agency hereby identify the significant effects,adopt the
mitigation measures, adopt the monitoring program to be implemented for each mitigation
measure and Hake the findings set forth in detail in the attached Exhibit A and;Exhibit B which
are incorporated in this Resolution by this reference.'The statements, findings and
determinations set forth in Exhibit A and Exhibit B are based on the above certified Final EIR
and other information available to the Board of Supervisors and the Agency, and are made in
compliance with Sections 15091,'15092, and 15093 of the State EIR Guidelines and Section
21081.6 of CEQA,'
I hereby certify that this is a true and rcorrect
copy of an action taken and entered on the
minutes of the Board of Supervisors on the date
shown;
ATTESTED: It= 17, 2M-
JOHN SWEETEN,Clerk of the Board
of Supervisors and County Administrator
RESOLUTION NO.2 031
Orig. Dept: Redevelopment Agency
Contact: Jim Kennedy
cc: Director of Community Development
County Counsel
County Administrator
Personalldocumentstrosotution.finat.eir.mm.6.11.03
EXHIBIT A
COUNTY OF CONTRA COSTA
REDEVELOPMENT PLAN FOR THE MONTALVIN MANOR
REDEVELOPMENT PROTECT
SIGNIFICANT ENVIRONMENTAL EFFECTS,FINDINGS OF FACT,
MITIGATION MEASURES,MONITORING PROGRAM,AND
STATEMENT OF OVERRIDING CONSIDERATION
I. GENERAL INFORMATION AND DESCRIPTION OF THE PROGRAM
The program under consideration:by the Contra Costa County Board of Supervisors (the
"Board of Supervisors") and the Redevelopment Agency of the County of Contra Costa(the
"Agency")is the Redevelopment Plan(the "Redevelopment Plan") for the Montalvin Manor
Redevelopment Project, the program of redevelopment proposed to be undertaken pursuant to
the Redevelopment Plan(the "Program"). The Redevelopment Plan has been prepared pursuant
to the California Community Redevelopment Law,Health and Safety Code Section 33000 et
sem., to enable the County of Contra Costa(the "County") and the Agency to work to eliminate
the physical and economic blighting conditions that currently exist in the Montalvin Manor
Redevelopment Project Area(the "Project Area") so that the Project Area maybe developed in
conformance with the County General Plan and applicable specific plans to the benefit of
businesses,residents,employees, visitors and other users of the Project Area and the County of
Contra Costa community as a whole.
The Final Environmental Impact Report(the"FEIR") for the Redevelopment:Plan and
the Program has been prepared by the County and the Agency in accordance with the California
Environmental;Quality Act,("CEQA"), the State CEQA guidelines and County CEQA
Implementation Guidelines. The County has served as "lead agency" and the Agency has served
as a"responsible agency" in the preparation and consideration of the FEIR.
The EIR process began in October 2002 with the preparation of an Initial Study and the
mailing of a Notice of Preparation to all interested persons and affected agencies, followed by
the preparation of a Draft Environmental Impact Report for the Redevelopment Plan and the
Program dated February 2003 (the "DEIR").
The DEIR was submitted to the State Clearinghouse for review on March 13 2003.
Also, on March 13, 2003 the Notice of Completion of the DEIR was published in the Contra
Costa Times. The comment period on the DEIR closed on April 30, 2003.
Pursuant to health and Safety Code Section 33333.3, the DEIR and the Redevelopment
Pian were distributed by certified mail,return receipt requested, to all affected'taxing agencies.
Copies of the Notice of Completion of the DEIR were also mailed to the County's mailing list of
interested persons regarding environmental issues, including all adjoining jurisdictions. Pursuant
320\17\1695892 A-1
to Public Resources Code Section 21092, a copy of the Notice of Completion was filed with the
Contra Costa County'Clerk's Office for pasting.
Certainwritten comments were received on the DEIR. Other comments were received at
the hearing on the DEIR held by the Contra Costa County Zoning Administrator on April 21,
2003. The comments received on the DEIR, the County's and Agency's response to such
comments, and:conforming revisions to the DEIR are contained in the FEIR dated May 2003 (the
"Response to Comments").
The Redevelopment Plan and FEIN carne before the Board of Supervisors and the
Agency on June 17, 2003,at a public hearing. On June 17,2003,the Board of Supervisors and
the Agency certified the FEIR for the Redevelopment Plan, and adopted the following Findings,
Monitoring Program,and Statement of Overriding Considerations,
The FEIR consists of the DEIR, the Response to Comments, and any additional
comments received at the joint public hearing on June 17,2003, together with the Board of
Supervisors and Agency responses to those comments set forth in the record of the joint public
hearing.`
II. THE RECORD AND ADDITIONAL DEFINITIONS
The record of the Burd of Supervisors and the Agency relating to the Redevelopment
Plan, the Program,and their potential environmental effects includes.
1. The Redevelopment Plan, which includes the description:of the "Project Area
and authorizes a specific redevelopment program for the Project Area(the "Program")
2. The Preliminary Report on the Redevelopment Plan, dated January, 2003;
3. The Report to the Board of Supervisors on the Redevelopment Plan,dated May
2003, as supplemented by a Supplement dated'June 4, 2003;
4. Documentary and oral evidence received by the Contra Costa.County Zoning
Administrator,Contra Costa Planning Commission,the Agency and the Board of Supervisors
during public bearings on the Redevelopment Plan and the FEIR, and the Board of Supervisors',
the Agency's and staffs response to evidence received before and at the public hearings;'
5. The FEIR,including the DEIR and the Response to Comments; and
6. Matters of common knowledge to the Board of Supervisors and the Agency which
they consider, such as the adopted County General Plan (the "General Plan")and any other
applicable specific plans or other similar plans,and the County's Zoning Ordinance.
As used in this Exhibit and the attached Exhibit B, the "Program" consists of the program
of public and private actions to be undertaken,pursuant to the Redevelopment Plan to redevelop
the Project Area; the "Project Area" consists of the Montalvin Manor Project Area; and the
320117\169589:2 A-2
"Redevelopment Platt" consists of the Redevelopment Plan for the Montalvin Manor
Redevelopment Project.
III. OVERALL FINDINGS
Before the Board of Supervisors may approve and the Agency and the County may
implement the Redevelopment Plan and the Program;CEQA mandates that the Board of
Supervisors,as lead agency, and the Agency, as a responsible agency within the mewing of
CEQA,consider the Record and make certain findings required by Public Resources Code
Section 21081 and 14 California Code of Regulations Sections 15091, 15092, 15093 and 15096.
The FEIR identifies potentially significant impacts on the environment that are likely to result
from adoption of the Redevelopment Plan and implementation of the Program. Some of these
identified potentially significant impacts may be experienced on a cumulative Countywide basis,
while others may be experienced at a more localized level in the Project Area or a portion of the
Project Area.
Based on the following findings as to such impact,the Board of Supervisors and Agency
conclude that changes or alterations have been incorporated into the applicable Redevelopment
Plan and the Program which:avoid or substantially lessen all potentially significant
environmental impacts identified by the FEIR,;except for those impacts summarizedin
Section IV below, As to those unavoidable significant impacts, the Board of Supervisors and
Agency hereby adopt a statement of overriding considerations, as set forth in Section VI below.
Further, as required by Public Resources Code Section 21081.6,a monitoring program is
adopted for the mitigation measures stated in and required by Exhibit B. The monitoring
program is discussed in Section VII and Exhibit B below.
The purposes of the findings contained in this Exhibit A and Exhibit B include: (1)
certifying the FEIR prepared for the Redevelopment'Plan and the Program; (2)briefly describing
and summarizing the potentially significant environmental impacts of the Redevelopment Plan'
and the'Program; (3)describing mitigation measures for,and alternatives to,the Redevelopment
Plan and.the Program; and(4)presenting the County and Agency's findings as to the impacts of
the Redevelopment:Plan and the Program after adoption or rejection of the mitigation measures
and alternatives.
The Board of Supervisors and the Agency certify that the FEIR has been completed in
compliance with CEQA and that it was presented to,and reviewed and considered by,the Board
of Supervisors and the Agency prior to acting on the Redevelopment Plan. In so certifying,the
Beard of Supervisors and the Agency recognize that there may be "differences" among and
between the information and opinions offered in the documents and testimony that make up the
Record. Therefore,by these findings (including this Exhibit A,the attached Exhibit B and the
resolution adopting Exhibit A and Exhibit B),the Beard of Supervisors;and the Agency adopt the
clarifications and/or modifications of the FEIR as set forth in these findings, and determine that
these findings shall control and that the'FEIR'shall be deemed to be certified subject to the
determinations reached by the Board of Supervisors and the Agency in these findings, which are
based on the substantial evidence in the Record described above.
320\17\169588.2' A-
The Board of Supervisors and the Agency also find and determine that the FEIR will
serve as the "Program" Environmental Impact Report for the Redevelopment Pian and the
Program,pursuant to California Cotte of Regulations;Section 15168. Similarly, in accordance
with Public Resources Cade Section 2190(x),the FEIR is specified by the Board of Supervisors
and the Agency to constitute a "Program" EIR. Subsequent,specific projects will undergo,
individual environmental review and may involve further identification of project-specific
impacts,>mitigations and alternatives. At this stage of the redevelopment process,it is impossible
to forecast with certainty the particulars of such subsequent site-specific projects, whether such
subsequent projects will be approved, will be approved at the maximum density or intensity
allowed by applicable land use regulation or will involve the assumptions, environmental
impacts and scenarios hypothesized in the FEIR. Nonetheless, these findings attempt to address'
plausible environmental impacts of the Redevelopment Plan and the Program at the earliest stage
in the process:
The FEIR recommends mitigation measures for the Redevelopment Plan and the Program
as a whale, including mitigation measures which are designed to be: (a)incorporated as policies
of the County and the Agency in implementing the Redevelopment Plan and the Program; (b)
effected through subsequent implementing regulations, ordinances,standards,,programs and
plans; or(c)incorporated into future development approvals. All of the mitigation measures
proposed in the FEIR are adopted in Exhibit B substantially in the form proposed in the FEIR,
with such clarifications and non-substantive modifications as the Board of Supervisors and the
Agency have deemed appropriate to implement the mitigation measures.
Through the Redevelopment Plan and the Program(including the mitigation measures
adopted'in Exhibit B and incorporated in the redevelopment Plait pursuant to Part V'of the
Redevelopment Plan),the County and the Agency have secured substantial socioeconomic and
other benefits(described in detail in Section VI of this Exhibit A), which allow the County and
the Agency to'adopt'a Statement of Overriding Considerations, which Statement deems
infeasible certain alternatives and which finds acceptable any remaining significant
environmental impacts:
By these findings,the Board of Supervisors and the Agency have attempted to avoid or
mitigate to a less-than-significant level all potentially significant environmental impacts of the
Redevelopment Plan and the Program,and to otherwise consider,address, and resolve all of the
environmental concerns raised during the public process. To the extent that a significant impact
remains unavoidable or not mitigated to a less-than-significant level, or a mitigation measures is
determined to be infeasible the impact is discussed in the Statement of Overriding
Considerations contained herein (Section VI).
In the chart which follows in Exhibit B under the captions"Rationale"for each category,
recite or make reference to background information relating to the Redevelopment Plan and the
Program. The "Finding" or"Findings" contain findings are based on the entire record before the
Board of Supervisors and the Agency,including without limitation the information which is
recited or referenced in the discussion of"Rationale.
The findings;and determinations in this Exhibit A and Exhibit B are to be considered as
an integrated whole and, whether or not any subdivision of this Exhibit A and Exhibit B fails to
cross-reference or incorporate by reference any other subdivisionofthis Exhibit A and
32M171169589'.2 A-4
Exhibit B, that any finding or determination required or permitted to be made shall be deemed
made if it appears in any portion of this document. All of the text included in this document
constitutes findings and determinations,'whether or not any particular caption sentence or clause
includes a statement to that effect.
Although the "Rationale" in Exhibit B may be based primarily or entirely on the FEIR,
each Finding herein is based on the entire Record,including written and oral testimony to the
Zoning Administrator, Planning Commission,the Board of Supervisors and the Agency. The
omission of any relevant fact from the summary discussions below is not an indication that a
particular finding is not based in part on the omitted fact. The findings as set forth herein are
based on all of the facts in the Record before the Board of Supervisors and the Agency.
Many of the policies,guidelines and other mitigation measures imposed or adopted
pursuant to this Exhibit A and Exhibit B to mitigate the environmental impacts identified in the
administrative record may have the effect of mitigating multiple impacts(e.g.,conditions
imposed primarily to mitigate traffic impacts.may also secondarily mitigate air quality impacts,
etc.). The Board of Supervisors and Agency have not attempted to exhaustively cross-reference
all potential impacts mitigated by the imposition of a;particular policy,guideline or other
mitigation measure;however, such failure to cross-reference shall'not be construed as a
limitation on the potential scope or effect of any such policy, guideline or other mitigation
measure imposed or adopted.
Some of the mitigation measures adopted in the attached Exhibit B consist of policies and
guidelines set forth in the General Plan, any applicable specific plan, and Board of Supervisors
resolutions in effect at the time this Exhibit A and Exhibit B are prepared and adopted. These
adopted mitigation measures shall be deemed to be modified to the extent the underlying policies'
and guidelines of the General Plan, any applicable specific plan, and Beard of Supervisors
resolutions may be modified in the future.
Notwithstanding the identification of the significant environmental effects of the
Redevelopment Plan and the Program as set forth in Exhibit B,the Board of Supervisors and the
Agency may approve any or all of the Redevelopment Plan, as authorized by Public Resources
Code Section 21081 and 14 California Code of Regulations Sections 15091, 15092, 15093,and
15096. As required by the aforementioned references,the following findings are made for which
there is substantial evidence in the Record. Further, as required pursuant to Public Resources
Code Section 210816,a monitoring program is adopted for the mitigation measures adopted by
the Board of Supervisors and the Agency in the attached Exhibit B.
Exhibit B sets forth the significant impacts and mitigation measures related to the
Redevelopment Plan and the Program according to the same major impact categories used in the
FEIR. Reference numbers>to impacts and mitigation measures in the following sections are to
the numbers used in the DEIR.
IV.' SUMMARY OF UNAVOIDABLE SIGNIFICANT ADVERSE EFFECTS.
The following significant'adverse effect of the proposed Redevelopment Plan and the
Program is considered unavoidable'.
324\171169589`.2 A-5
The redevelopment project would include development of two vacant parcels and
generate substantial traffic can roadways and intersections within the Project Area.
This significant adverse effect of the Redevelopment Plan and the Program is found to be
unavoidable despite the adoption by the Board of Supervisors and the Agency of all mitigation
measures identified in the FEIR.
V. FINDINGS ON THE FEASIBILITY OF ALTERNATIVES TO THE PROPOSED
REDEVELOPMENT PLAN
Chapter 4.0 of the DEIR discusses three alternatives to the Redevelopment Plan, the
adaption of which would, in some cases, avoid some,but not all of the significant environmental
effects listed in Exhibit B. Each alternative is discussed below and findings are made regarding
the feasibility of each alternative.
A. No PROJECT ALTERNATIVE
Linder this Alternative, no Project, no redevelopment Project Area would be established,
no redevelopment activities would occur,and no change in the General flan land use
designations would be made.
It is not possible to quantify the exact level of private and public development that might
occur between now and the General Plan planning horizon under the No Project Alternative.
With this alternative,however, there would be no redevelopment activity to fund public
improvements, and to attract an increased level of private investment in the proposed Project
Area. It is reasonable to assume that in the absence of this stimulus the rate of residential and
commercial development and rehabilitation would be substantially lower than wouldbe
experienced with redevelopment.
The Project Area is characterized by blight conditions.The Tara Hills Shopping Center
on the south side of San Pablo Avenue has deteriorated. Structures in the shopping center
present a poor appearance. The parcel at the southeast corner of Tara Hills Drive and San Pablo
Avenue,designated for commercial uses,remains vacant and unimproved, with the exception of
an existing structure that is now unoccupied. In the absence of redevelopment it is likely that the
existing structure would remain either vacant or underutilized, and that the portion now vacant
would remain undeveloped.
The 670-home Montalvin Manor subdivision contains numerous single-family structures,'
in need of rehabilitation. Redevelopment activities could include financial programs to assist
owners in improving such structures, and eliminating building code deficiencies. In the absence
of redevelopment the condition of such structures would be expected to remain substantially the
same.
The MonTara Bay Community Center could benefit from redevelopment through funding
for upgrading the physical''facility, and:redevelopment funds could be used to improve the
physical condition and amenities'at Montalvin Park'. In the absence of redevelopment funding
320\171169589.2 A-6
the improvement of these facilities would depend on existing programs and funds, which have
been limited.
I. Comparison of hMacts. Under the No Project Alternative, no Project, no
redevelopment Project Area would be established and no redevelopment activities would occur.
The County would not have access to tax increment to fund public improvements,and tax
incrementfunds would not be available to support housing rehabilitation programs in the Project
Area. The absence of redevelopment could be apparent in a variety of ways:
(a) Aesthetics:Redevelopment activities could result in support for,improving the
appearance of the commercial properties in the Project Area, and in the absence of
redevelopment no change in the physical appearance of the commercial properties is anticipated.
Redevelopment activities would generally have a beneficial impact on visual resources,
including efforts to rehabilitate housing and streetscapes in the Project Area. The proposed
project does not include any proposed actions that would restrict views or construct features that
would have an adverse visual impact,and the No Project Alternative does not avoid or minimize
adverse visual impacts. The environmental impact of the No Project Alternative: No Project on
the aesthetics of the Project Area wouldmostlikely be negative,depriving the area of a potential
source of support for improvement in its condition.
(b) Air Quality The short-term construction-period air quality impacts that could be
associated with redevelopment activities would be avoided with the No Project Alternative, as
would any longer-term air quality impacts.
(c) Biological Resources: The proposed project could result in development of vacant
parcels in the eastern portion of the Project Area at an earlier date than would occur in the
absence of redevelopment. Biological resources issues relate primarily to impacts on Garrity
Creek and resources present on the vacant parcel on the northeast comer of Sari Pablo Avenue
and Tara Hills Drive.These resources would be less likely,to be disturbed in the absence of
development,and the No Project'Alternative is,therefore,environmentally superior.
(d) Cultural Resources: With less potential for new development activities with the
No Project Alternative,the impacts on cultural and historic resources would be reduced. The
Project Area is predominantly urbanized,and potential impacts to cultural resources can be
adequately mitigated. Any reduction in impacts would appear to be negligible.
(e) Geology and Soils: The proposed project would not increase the density of
existing housing,but could result in development of multi-family housing and retail businesses
on the vacant parcel now designated for such uses in the General Plan. Commercial
development on the parcel located on the southeast comer of San Pablo Avenue and Tara Hills
Drive could be encouraged by redevelopment of the Project Area. Impacts related to geology and
soils under redevelopment,while not significant, would be avoided entirely by the No Project
Alternative. In the absences of redevelopment and the receipt of tax increment funds,however,
resources to fiend rehabilitation of structures would not be available,thus decreasing
opportunities for improving the safety of existing buildings.
0\17�169589.2 A-7
(f) Hazards and Hazardous Materials: Under the No Project Alternative there may be
reduced funding available for the clean-up of sites within the Project Areas that may contain
hazardous materials. The No Project Alternative could reduce the amount of new development
that would potentially be exposed to such materials.
(g) Hydrology and Water Quality: The No Project Alternative would avoid some
development that could have an impact on water quality due to potential erosion and increased
runoff due to impervious surfaces. Under the No Project Alternative, any improvements to the
existing drainage system in the Project Area would be dependent on private development or
existing County programs and funding. The No Project Alternative would not be superior to the
proposed project in this regard.
(h) land Use,Population and Housing: Redevelopment would probably not result in
substantial land use changes in the Project Area,because the Tara Hills Shopping Center
property is committed to commercial uses, and no substantial change in land use designations for
vacant properties is proposed.
With redevelopment, it can be anticipated that increased activity at the Tara Hills
Shopping Center could provide additional employment opportunities. This additional
employment could increase the demand for horsing in the community, and encourage relocation
to the region for those so employed. The No Project Alternative would avoid this potential
increased demand for housing. The magnitude of any such impacts, given the size of the existing
shopping center and other parcels within the Project Area that are designated for commercial
uses, is negligible.
In the absence of redevelopment in the Project Area,there would be fewer resources
committed to housing rehabilitation, and the quality and safety of existing housing would be less'
likely to improve. In terms of housing,the impact of the No Project Alternative would probably
be negative.
(i) Noise: The proposed project could result in temporary noise impacts,but these are
considered less than significant. Any redevelopment would be consistent with the General Plan
and the various goals that apply to noise avoidance and limitation. The No Project Alternative
would have only a negligible impact on future noise levels.
0) Public Services, Utilities and Related'Facilities: The No Project Alternative would
not facilitate new development in the Project Area,and this would most likely result in a
continuation of existing demand for public services and facilities. There would some
environmental impacts associated with increasing demand for such services and facilities as a
result of the proposed project,and these might be avoided with the No Project Alternative. The
redevelopment process,however,has as one of its goals an improvement in the level of public
services, and the benefits of having redevelopment resources committed to this effort would not
be obtained with the No Project Alternative. The No Project Alternative would not provide
opportunities to fund improvements at the MonTara'Bay Community Center or Mo:ntalvin'Park
through tax increment.
(k) Transportation: Redevelopment could result in the development of vacant parcels;
at the intersection of San Pablo Avenue and Tara Hills Drive at an earlier time than might occur
3201171169589:2 A-8
without redevelopment,and the No Project Alternative might, therefore,,avoidor delay some
traffic impacts. Under the No Project Alternative, development of the two vacant parcels at the
intersection of San Pablo Avenue and Tara Hills Drive would not be facilitated, and development
might be delayed. Traffic generated by development of these parcels would contribute to a
cumulative significant and unavoidable impact;at the intersection of San.Pablo;Avenue with Tara
Hills Drive and Richmond Parkway.The cumulative conditions at each of the intersections
would deteriorate, however,with or without development of the two vacant parcels.
Redevelopment activities would support continued development of the roadway system
in the community in a manner consistent with the General Plan Circulation Element.The
improvement of the County's roadway system, however,is critical to its continued economic
health, and such efforts would continue in the absence of any redevelopment. Any benefit that
may be gained'by avoiding project-specific impacts associated with roadway projects due to the
absence of redevelopment is outweighed by the disadvantage that could accrue to the community
because of lack of resources to respond to these changing circumstances that could otherwise
have been made available through redevelopment and the use of tax increment:
2. Conclusion.'This alternative is not environmentally superior to the proposed
Redevelopment Plan, since it would not substantially lessen the impacts of the Redevelopment
Plan and would not provide needed funding to alleviate some adverse environmental impacts. In;
addition, the No Project Alternative would not meet the County's objectives of improving an
economically and physically blighted area,nor would it have the positive benefits such as the
creation',of jobs and housing,and the economic benefits for the County as a whole.
Under the No Project Alternative,the Redevelopment Plan would not be adopted. The
County's General Plan would continue to be implemented,but at a lesser level of activity,
without the scope and magnitude of public involvement made possible through redevelopment.
Linder the No Project Alternative,the existing physical and economic conditions of blight
would remain in many areas of the Project Area. Funds would not be as readily available for
street and public improvements, nor would nearly the same economic assistance be provided for
funding private improvements in the Project Area. The No Project Alternative would not be
consistent with the goals and policies of the General Plan which encourage a revitalized'
Montalvin Manor area.
The No Project Alternative would not achieve the Redevelopment Plan objectives of
revitalizing and enhancing the economic and physical conditions of the existing land uses in the
Project Area.
B. REDUCED PROJECT AREA ALTERNATIVE
}. Comparison of Impacts:
This alternative would result in establishing a redevelopment Project Area,but the
Project Area would be limited to the existing 670-home Montalvin Manor subdivision north of
San Pablo Avenue, and west of the mobile home parr.Redevelopment activities could include
financial programs to assist owners in improving such structures, and eliminating building code
deficiencies.No redevelopment activities, programs or funding would occur with respect to the
320\17\1695e92 A-9
remainder of the proposed Project Area.This would preclude redevelopment activities that could
result in improved economic performance and appearance of the Tara Hills Shopping Center,
improvement of the physical facilities and amenities at MonTara Bay Community Center and
Montalvn Park., and redevelopment activities that could be directed to improvement of
infrastructure.
(a) Aesthetics: The Reduced Project Area Alternative would result in improvements
to housing in the Montalvin Manor subdivision,and these improvements would have beneficial
impact on aesthetics in the reduced Project Area. Programs for fagade improvements and
increased economic vitalityof the Tara Hills Shopping Center and commercial properties to the
north would not Occur. The potential adverse impacts'of those programs can be adequately
mitigated, and this alternative is not, therefore,environmentally superior in this regard.
(b) Air Quality:Reduction in the size of the Project Area could avoid some project-
specific impacts such as generation of dust,but such impacts would be less than significant.
Regional air quality would not be affected by reducing the Project Area.
(c) Biological Resources:The Deduced Project Area Alternative would avoid all
impacts that could occur to biological resources related to Garrity Creek and the parcel
designated for multi-family use.This alternative would be environmentally superior to the
proposed project.
(d) Cultural Resources: Any impacts on cultural and historic resources would be
reduced.The Project is predominantly urbanized, and potential impacts to cultural
resources can be adequately mitigated.Any reduction in impacts would appear to be negligible.
(e) Geology and Soils; Because the proposed Project Area is predominantly
urbanized,the proposed project is not anticipated to result in a substantial increase in the risk due
to seismic activity or other exposure to hazards relating to soils. By reducing the Project Area,
this alternative would reduce the resources available to the County in rehabilitating commercial
structures that could provide a benefit in terms of safety.
(f) Hazards and Hazardous Materials: Reduction in the size of the Project Area
would tend to reduce the potential exposure of persons to hazardous materials that may be
present on the commercial properties.This alternative would,however, also reduce the resources
that may be made available,through redevelopment for the clean-up of such sites.
(g) Hydrology and Water Quality: The Project Area is predominantly urbanized,and
the impacts on drainage and water quality that would result from redevelopment are not expected`
to be substantial. Reduction of the Project Area would reduce the resources available to the
County'in dealing with needed infrastructure improvements.
(h) Land Use,Population and Housing: The Reduced'Project Area Alternative would
not affect the land uses that now exist in the reduced'Project Area.
(i) Noise: Noise impacts from the proposed project would be temporary and less than
significant.The reduced project alternative would avoid some of these impacts,
320\17\169589.2 A-10
(j) Public Services,Utilities and Related Facilities: This alternative would reduce the
area that could benefit from redevelopment resources that could be committed to improving
public facilities that provide needed services to the community's residents. Some short-term
construction impacts would be avoided,but the alternative would make it more difficult to
undertake improvement of public infrastructure, including the MonTara Bay Community Center
and Montalvin'Park.
(k) Transportation: Increases in traffic that could potentially result from increased
economic activity would be avoided by reducing the Project Area.The County would'have
reduced resources, however,for the purpose of improvements to roadways that may be needed in
the future. In the absence of redevelopment,cumulative impacts at the intersection of San Pablo
Avenue with Tara Hills Drive and Richmond Parkway would still'result in deterioration of traffic
conditions at these intersections to unacceptable levels.
2. Conclusion. The Reduced Project Area Alternative is not environmentally
superior to the proposed Redevelopment Plan. To the extent that this alternative provides some .
economic benefits, it meets some of the project objectives. This alternative includes fewer
opportunities to alleviate blighted properties and thereby,falls short of having the same
beneficial effects on revitalizing the area, as the proposed Redevelopment Plan.
The Reduced Project Area Alternative while achieving some improvement for the Project
Area, would not provide as much tax increment financing opportunities and would fall
considerably short of achieving the comprehensive goals and objectives of the full
Redevelopment Plan to eliminate'blight and revitalize the Project Area in the manner
contemplated by the Redevelopment Plan.
C. PRIVATE DEVELOPMENT ALTERNATIVE
l. Comparison of Impacts:
Under this alternative the Montalvin Manor Redevelopment Project Area would be
established,but the County and redevelopment agency would rely to a greater extent on private
efforts to eliminate blight.
One of the basic premises of redevelopment:is that existing blight cannot be eliminated
without redevelopment efforts,and the attendant use of tax increment by the redevelopment
agency.'This alternative would emphasize financial assistance to private development projects,
including low interest loans and land write-downs or subsidies.The County would not be
expected, under this alternative,to undertake any substantial infrastructure improvements,and
would not implement redevelopment programs directed at the improvement of the physical
condition and amenities at MonTara Bay Community Center or Montalvin Park.
The precise nature'of private development projects that might be proposed is unknown,
and comparative environmental impacts cannot be quantified. The discussion below compares
the Private Development Alternative to the proposed project on a qualitative basis.
(a) Aesthetics:The Private Development Alternative would reduce the extent of
redevelopment of vacant properties within the Project Area,resulting in a continuation of
320\171 f 619589:2 A-11
existing conditions. Redevelopment of commercial properties with Agency assistance would not
occur.New development would be subject to review for design and visual amenities, and
redevelopment of existing developed areas and infrastructure improvements could result in
substantial improvement to the Project Area aesthetics,but to a lesser degree than would occur
with the proposed project. The Private Development:Alternative would not be environmentally
superior in this regard.
(b) Air Quality:The reduction in public efforts could reduce short-term air quality
impacts,but would probably not affect regional air quality.
(c) Biological Resources: The Private Development Alternative would avoid some of
the impacts that could occur to biological resources related to Garrity Creep and the parcel
designated for multi-family use. This alternative would be environmentally superior to the
proposed project
(d) Cultural Resources: Some reduction in impact on cultural and historic resources
would result from a reduction in the number of public projects. The reduction in impacts would
be negligible because the Project Area is predominantly urbanized,and cultural resources can be
protected through applicable mitigation measures.
(e) Geology and Soils:The Private Development Alternative would provide fewer
opportunities for economic development through the use of tax increment funds for the funding
of public improvements,and a lower level of private development could result. New construction
that could expose persons to hazards due to soils and geologic conditions would be reduced,but
the risk posed by such development, given the Uniform Building Code requirements'applied to
new construction,would be less than significant in any event:
(f) Hazards and Hazardous Materials: It unlikely this alternative would have an
impact on the number of additional persons that might be exposed to hazardous materials. It
would reduce the resources that would be made available for the clean-up of any hazardous sites`
that now exist'or are discovered in the future.
(g) Hydrology and Water Quality: Private development projects would be required to
comply'with the County's requirements regarding drainage impacts related to specific projects,
but there would be fewer programs for long-term maintenance and improvements of
infrastructure deficiencies. This could have an adverse impact on water quality.
(h) Lind Use, Population and housing: Private development would be consistent
with the Contra Costa County General flan, and would not have adverse land use impacts.
Specific projects generated by landowners and developers°would'be subject to the County's
project review process. By emphasizing private development,the public effort to improve the
general appearance of the commercial properties and building facades would probably result in
less improvement in terns of visual resources.
Redevelopment funds would not be available for the improvement of the MonTara Bay
Community Center and Montalvin Parr,and these facilities would continue in their present
condition. Each of these facilities could benefit from increased maintenance and site
improvements, and such activities would improve the aesthetic quality of the facilities. This
320\171169589.2 A-12
alternative would result in fewer improvements to the aesthetics and visual quality of the
proposed Project Area than the proposed project.
Reliance on private development would most likely result in less intensive improvement
in economic performance of commercial properties,with reduced impacts in terms of population
and housing.The Benefits of improved economic performance, including increased tax revenues
and resources z for improvement of public facilities and infrastructure would also be reduced.
Reliance on private development would reduce the availability of revolving loans and other
programs for housing rehabilitation, thus reducing financial assistance resources to property
owners who might wish to rehabilitate existing housing. The status quo would remain, and the
potential for substantial improvement in the condition of existing housing forgone.
(i) Noise: The reduction in public efforts could reduce short-term noise impacts.
0) Public Services,Utilities and Related Facilities: Reliance on private development
would result in fewer public efforts with regard to improvement of the County's public
infrastructure,including the MonTara Bay Community Center and Montalvin Park,and a greater
reliance on improvements that have a reasonable connection to private development projects.
Project-specific impacts could be reduced,but the long-term impacts in terms of level of service
could be greater due to a reduction in public efforts
(k) Transportation: Reliance on private development would result in fewer public
efforts with regard to redesign and improvement of the roadwayswithin:the proposed Project
Area, and a greater reliance on improvements that have a reasonable connection to private
development projects.Project-specific impacts could be reduced,but the long-term traffic
impacts in terms of level of service could be greater due to a reduction in roadway improvement
efforts;
2. Conclusion. This alternative is not superior to the proposed Redevelopment Plan.
In addition,the Private Development Alternative would fail to attain the basic goal of the
proposed project which is to redevelop the Project Area, and alleviate blight,
D. ENVIRONMENTALLY'SUPERIOR ALTERNATIVE
In accordance with the State CEQA Guidelines,project alternatives have been evaluated
for their comparative environmental superiority, Based on this evaluation, it has been
determined that none of the identified alternatives is environmentally superior to the proposed
project.
The proposed project would provide a;feasible means of providing financial assistance
for improvement in the physical and economic conditions of the Project Area. The proposed
project'provides the fewest environmental impacts with the greatest potential beneficial impacts
to the environment.
E. FINDINGS
After consideration of this reasonable range of identified alternatives to the Redevelopment Plan
and the Program,the Board of Supervisors and the.Agency rind that, none is as beneficial to the
32W7\10589.2 A-13
community as the proposedRedevelopment Plan and the Program in terms of achieving the goals
and objectives set forth in the General Plan, and the Redevelopment Plan,and that because of
each alternative's inability to achieve one or more of such goals and objectives,;each identified
alternative is rejected as being infeasible.
VI. STATEMENT OF OVERRIDING CONSIDERATIONS
A. Detailed Statement.
The Board of;Supervisors and Agency have fully considered the discussion and analyses
in the Record regarding the environmental impacts, socioeconomic effects,cumulative impacts,
growth-inducing impacts, and irreversible and irretrievable commitments of resources related to<
the Redevelopment Ilan and the Program. The Board of Supervisors and Agency find that the
programs and activities of the Redevelopment Plan will provide numerous economic, social,
environmental and other benefits to the Project Area,and to the County of Contra Costa,which
override any unavoidable significant adverse impacts of adoption and implementation of the
Redevelopment Plan and the Program. The Board of Supervisors and the Agency further find
that the alternatives to the redevelopment Plan set forth in the FEIR and summarized in this
Exhibit A are infeasible because such alternatives would limit the social,economic and other
benefits of adoption and implementation of the Redevelopment Plan which are described below,
and are therefore outweighed by them. "Therefore,pursuant to Public Resources Code Section
21081(c)and the CEQA Guidelines,the Board of Supervisors and the Agency make the
following Statement'of Overriding Considerations and findings in support thereof:
1. The redevelopment Plan consists of policies, objectives and programs to
revitalize the Project'Area in fulfillment of the General Plan and related County plans and
policies, including, the effective transition of abandoned and underutilized parcels to productive
reuse in the Project Area,and the effective economic development of the Project Area. The
goals and objectives of the General Plan and related County plans and policies have not been,
and will not foreseeably be implemented by the private sector or governmental action without'
the legal and financial resources available to the Agency under the Redevelopment Plan,
2. The Redevelopment Plan cannot fully resolve the impacts of growth and
development for the Project Area already otherwise authorized in the General Plan and related
County plans and policies.'However,the Redevelopment Plan can provide legal and financial
means, that would otherwise not be available to the community,for mitigating many of those
adverse impacts by requiring and/or financially supporting certain mitigation measures in
connection with new development in the Project Area which will reduce adverse impacts:
3. The Redevelopment Plan is intended to provide a balance between the competing;
consequences'of providing'for the new commercial, and residential development and growth in
the Project Arca currently planned for in the General'Plan, and related County plans and policies,
while identifying means of minimizing the adverse consequences anticipated..'
4. Adoption and implementation of the Redevelopment Plan,in combination with
the mitigation measures adapted in Exhibit B, will contribute to the physical and economic
revitalization of the Project Area,which currently suffers from undertztilization and decline or
320117\169589.2, A-'14
stagnation, The revitalization of these areas will benefit both the Project Area and the County as
a whole by providing employment opportunities for County residents, and development of
housing opportunities including the development of affordable housing.
5. Adoption and implementation of the Redevelopment Plan,in combination with
the mitigation measures adopted in Exhibit B,will contribute to the elimination of blighting
influences and conditions now existing in the Project Area,including(but not limited to)
residential and business structures which are deteriorating or dilapidated, obsolete or
inappropriate land uses, instability of Iand use patterns, defective design and construction of
structures, deficient parcelization,lack of adequate public facilities,impaired investment,
presence of hazardous substances and socioeconomic maladjustment.
6. Adoption and implementation of the Redevelopment Plan,in combination with
the mitigation measures adopted in Exhibit B, will contribute to expansion and preservation of
decent, safe, and sanitary affordable housing. The programs of the Redevelopment Plan include
the use of tax increment revenue to fund: (a)assistance for construction of new affordable rental
and ownership housing units; (b)housing rehabilitation loans; (c)first-tune homebuyer
assistance; and(d)financial assistance for segments of the community with special housing
needs.
7. Adoption and implementation of the Redevelopment Plan will provide for the
collection of tax increment revenue and utilization of such revenue within the Project Area,as;
authorized by the California Community Redevelopment Law. The prevision of such funding
constitutes a benefit to the Project Area and to the County because it enables implementation of
the beneficial programs and activities of the Redevelopment Planfor which funding would
otherwise not be available.
8. The consequences of failing to adopt the Redevelopment Plan will include;
(a) Severe constraints upon the financial viability of the County's effort to
revitalize the Project Area as envisioned in the General.Plan, related County plans and policies;"
and
(b) Delays in development or redevelopment of the Project'Area that will
adversely affect potentially productive property and public service opportunities.
9. The Board of Supervisors and the Agency conclude that they are prepared to
accept the risks of the unavoidable adverse environmental consequences identified in the FEIR
and this Exhibit A and the attached Exhibit B for the following reasons:
(a) The ability to fund, assemble land for, and otherwise facilitate activities
necessary to alleviate blighting conditions in the Project Area as made possible by the
Redevelopment Plan outweighs the adverse environmental'consequences;
(b) The benefits to the County in terms of potential increased tax
revenues,broadened employment opportunities,increased housing supply, and enhanced image
as a viable location for economic development outweigh the adverse environmental
consequences,
320+171169589,2 A-15
(c) Enhanced economic activity resulting from the implementation of the-
development policies''identified within the General Plan,related County plans and policies,and
the Redevelopment.Plan will give the County a more effective tax base; and
(d) The Redevelopment Plan will enable the County and Agency to increase,
improveand preserve the community's supply of affordable housing.
10. The Beard of Supervisors and.Agency have extensively considered a reasonable
range of alternatives to the Redevelopment Plan and the Program,as detailed in the FEIR and in
Section V of this Exhibit A. The Board of Supervisors and the Agency conclude as follows:
(a) The alternatives to the Redevelopment Plan fundamentally fail to achieve
the comprehensive goals and objectives for the Project Area of the General Plan,related County:
plans and policies, and the Redevelopment Plan, and as such are deemed infeasible;and
(b) Failure to adopt the Redevelopment Plan will not provide the best balance
of costs and opportunities to minimize the adverse consequences. The County will actively
pursue resolution of these issues with the broadest array of public and private entities in a
manner which balances the economic benefits with the preservation of the quality of the natural
and human environment.
B. Qyerall Conclusion: Based on the detailed findings made in this Exhibit A and
Exhibit B, which findings require, as a condition of approval of public and private developments
pursuant to the Redevelopment Plan,the implementation of specified mitigation measures and
monitoring programs,the overall finding is made that economic and social considerations
outweigh the remaining environmental effects of adoption and implementation of the
Redevelopment Plan,taking into account the future significant environmental consequences
identified in the FEIR, and this Exhibit A and Exhibit B.
C. SMVp9gjU Evidence. The Statement of Overriding Considerations set forth in this
Section VI is Based on substantial evidence throughout the Record, with particular reference to
the information and analysis of the various benefits of the Redevelopment Plan and the Program
contained in the Report to the Board of Supervisors on the Redevelopment Plan.
VII. MONITORING AND REPORTING PROGRAM'
A. General Program.
The general monitoring program to be implemented for the mitigation measures adopted
in this Exhibit B is as follows:
1. County staff responsible'for design of each public'improvement undertaken with
Agency assistance or to implement the Redevelopment Plan will utilize the applicable adopted
mitigation measures in preparing;approving and implementing the design of each public
improvement.'
320\17\169589.2 A-16
2. County staff responsible for review and approval of each land use entitlement
application in the Project Area will consider the applicable adopted mitigation measures in
determining whether the application is consistent with applicable policies and guidelines and
whether to approve the application, and will impose the applicable adapted mitigation measures
as conditions of any approval that is granted.
3. County or Agency staff responsible for processing Agency financial or non-
financial assistance to any property owner or developer will consider the applicable adopted
mitigation measures in determining whether to approve the Agency assistance and will impose
the applicable adapted mitigation measures as conditions of any Agency;assistance that is given.
In connection with each individual public improvement, land use entitlement and grant of
Agency assistance, the responsible County staff will also impose any project-specific monitoring
and reporting requirement that is determined necessary to assure compliance with the imposed
mitigation measures,
B. S ecific Proms.
The chart in Exhibit B sets forth specific monitoring actions and timing requirements,
implementingagency and funding for each mitigation measure adopted in Exhibit B.
320\171169589.2 A-1
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TO REDEVELOPMENTAGENCY
t
FROM: JOHN SWEETEN
EXECUTIVE DIRECTOR'
DATE: June 17, 2003'
SUBJECT: Montalvin Manor Redevelopment-Implementation Plan`
SPECIFIC'REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
ADOPT Resolution' approving an Implementation Plan for the 'Montalvin Manor
Redevelopment Project Area.
FISCAL IMPACT_
Nene.
CONTINUED ON ATTACHMENT: X YES SIGNATURE: {� /
RECOMMENDATION, OF EXECUTIVE DIRECTORR CO ' CSF NDATION AGENCY
COMMITTEE APPROVE OTHER
l
y
SIGNATURE(S);
ACTION OF AGENCY ON June=. 17, 2003 APPROVED AS RECOMMENDEDx OTHER
VOTE OF SUPERVISORS:
THEREBY CERTIFY THAT THIS IS A
x UNANIMOUS (ABSENT None } TRUE AND CORRECT COPY OF AN
AYES: NOES ACTION TAKEN AND ENTERED ON THE
ABSENT:' ABSTAIN: MINUTES OF THE REDEVELOPMENT
**District ill seat VACANr** AGENCY ON THE
Contact: Jim Kennedy DATE SHOWN.
5-1255
cc: County Administrator ATTESTED June 17, 2003
County Counsel
Public Works JOHN SWEETEN, AGENCY SECRETARY.
- Transportation Engineering
-Accounting
Community Development
BY , DEPUTY
Personal\Boardorders\BOARD.RDA.mm.imp.plan.6.17.03
BACKGROUND
The proposed Montalvin Manor Redevelopment Project Area ("Project Area") is
located in the unincorporated area of Contra Costa County, State of California.
Neighboring citiesinclude Richmond and Pinole. The proposed Montalvin Manor
Redevelopment Project Area is predominantly residential with limited revenue
generating commercial uses.
The proposed Project Area has experienced physical and economic decline. Without
local assistance through the tools of redevelopment,these properties will continue to
decline, increasing the existing physical burden on the community and further
diminishing the economic viability of the area. Because of these conditions the County
and t he A gency h ave ul ndertaken s tudies a nd p fanning leading to adoption of a
redevelopment plan for the area designated as the proposed Montalvin Manor
Redevelopment Project:
California Community Redevelopment Law ("CRL") requires that a redevelopment
agency's(Centra Costa'Redevelopment Agency)report to the legislative body(Board
of Supervisors) on a proposed redevelopment plan the must contain a 5-year
Implementation flan. Contained in Section C of the Report to the Board of
Supervisors` is the first 5-year Implementation Plan for the Montalvin Manor
Redevelopment Project. The implementation Plan must be adopted at a public
hearing and contain "the specific goals and objectives of the agency for the;project
area,the specific programs, including potential projects, and estimated expenditures
proposed to be made during the next five years. It must contain an explanation of
how the goals and objectives,<programs, and expenditures will eliminate blight within
the project area and implement the requirements of the CRL that provides the deposit
and expenditure of not less that 20% of all tax increment allocated from a project
area to an housing fund for the increase and improvement of the community's supply
of low to moderate income affordable housing, provide for the appropriate use of
such housing funds, provide for replacement housing and housing; to meet an
agency's inclusionary housing needs requirement.''A:.new Implementation Plan must
be adapted every five (5) years thereafter pursuant to Section 33490 of the CRL.
Additionally,the Implementation Plant must be reviewed the second and third year of
the Implementation Plan's term to determine the progress made in achieving the
plans goals, objectives, .programs and projects'.
The Montalvin Manor Redevelopment Project Implementation 'Plan contained in
Section C of the Report to the Board of Supervisors contains all of the required
sections and information pursuant to Section 33490 of the CRL. The Implementation
Plan focuses'on undertaking those projects identified' in the meetings held with the
community and noted as potential projects in the Redevelopment Plan.Tax increment
revenues during the first five years of the Plan are considered limited. It is estimated
that the Agency anticipates to collecting' $181,413 in housing fund revenue and
$544,240 in non-housing fund revenue during this period(first five years). It is hoped
that during this period the Agency will be able to issue tax allocation bonds to generate
additional capital to fund projects. The Implementation Pian anticipates issuing bonds
in the fifth year of the Plan. All project and program expenditures will require Agency
review and budget approval.
Personal\Boardorders\BOARD.RDA.mm.imp.plan.6.17 03
THE REDEVELOPMENT AGENCY OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on.Tune 17, 2003,by the fallowing voter
AYES: stm MSORS GI01A, Um , Q.oM and DeWNM
NOES: NM
ABSENT:
ABSTAIN:
*District III Seat VAtAM
Resolution No.: 2003/499
SUBJECT: Resolution of the Redevelopment Agency of the County of Contra Costa
approving an implementation plan for the Montalvin Manor Redevelopment
Project Area
The Contra Costa County Redevelopment Agency RESOLVED THAT:
The Centra Costa County Board'of Supervisors has approved and adopted
Redevelopment Plan for the Montalvin'Manor Redevelopment Project Area(the "Project Area");
and
Agency staff has prepared and presented to the Agency a proposed Implementation Plan,
a'copy of which is on file with the Agency Secretary as part of the Report to Board of
Supervisors for Plan adoption(the "Implementation Plan"); and
The Agency finds that the Implementation Pian constitutes a statement of the Agency's
goals and objectives for the Project Area, a summary of the specific programs'and proposed
expenditures proposed to be made by the Agency during the next five years, and an explanation
of how the goals and objectives, projects, and expenditures will eliminate blight within the
Project Area; and
The Agency hereby approves and adopts the Implementation Plan for the Montalvin;
Manor Redevelopment Project Area pursuant to Health and Safety Code Section 33490(b).
The Agency hereby authorizes the Agency Executive Director to tame such other actions
as are appropriate to effectuate the intent of the Implementation Plan.
1 hereby certify that this is a true and correct
copy of an action taken and entered on the
minutes of the Board of Supervisors on the
dote shown, -gip
ATTESTED. � � t
JOHN S�N�irTEN Cleric o the Lard
1upervisom m4nd C m1n1oftor
Deputy
TO: BOARD OF SUPERVISORS/ „y. r °; .*, Contra
REDEVELOPMENT AGENCY`
FROM: JOHN SWEETEN, EXECUTIVE DIRECTOR Costaf
DENNIS BARRY, AICP, �., _ County
COMMUNITY DEVELOPMENT DIRECTOR '� `�
DATE: June 17, 2003
SUBJECT: Joint Public Hearing Regarding the Redevelopment Plan for the Montalvin Manor
Redevelopment Project;Area.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
I. Call joint meeting of the Board of Supervisors and the Governing Board of the
Redevelopment Agency to order
2. Staff presentation
3. Presentation by consultants
4. Written submissions summarized by staff
5. Open public hearing and request public comments
6. Close public hearing
7. General discussion by Board of Supervisors
8. If no written objections are received, consider the Ordinance to adopt the MOntalvin
Manor Redevelopment Plan
9. If written objections are received, set future date/time to present responses to written
objections
FINANCIAL IMPACT':
The;Redevelopment Plan adoption has identified the potential effects of revenue diversion to
the County General Fund and to County controlled'funds. Staff has recommended that the
Board of Supervisors elect to receive the statutory';pass-through allowed by California
Redevelopment Law,
CONTINUED ON ATTACHMENT: (❑ YES SIGNATURE: ,r
RECOMMENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMENDA ION OF B Q COMMITTE
APPROVE ❑OTHER
SIGNATURE(S): \
ACTION OF BOARD'ON June 17, 2003
APPROVED AS RECOMMENDED M OTHER”M'
**'See attached addendm for Board action**
VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN' ANC)
?� UNANIMOUS(ABSENT Sane ) ENTERED ON THE MINUTES OF THE BOARD OF
AYES: NOES: < SUPERVISORS/AGENCY ON THE DATE SHOWN.
ABSENT: A13STAIN: ATTESTED
*District III Seat VACx" June I .LO
Contact: Jaynes Kennedy: JOHN SWEETEN,CLERK OF THE BOARD OF
(925)335-126 SUPERVISORSIAGENCY SECRETARY
trig: Redevelopment Agency
cc: CACI � � t
County Counsel
By'• Depaty
Community Development
Redevelopment Agency
Personal\boardorders\board.rda.;.6.17,03.jointpublichearing
BACKGROUND::
The,proposed Montalvin Manor Redevelopment Project Area ("Project Area") is located in the
unincorporated area of Contra Costa County, State of California. Neighboring cities include
Richmond and Pinole. The proposed Montalvin Manor Redevelopment Project Area ("Project
Area") is predominantly residential with limited revenue generating commercial uses.
Requirements for adopting and implementation redevelopment projects are established in the
California"Community Redevelopment Law ("CRL").
Retort to:Board of Supervisors
Section 33352 of the CRL provides that when the Agency submits the Redevelopment Plan
(the "Plan") to the Board of Supervisors for the joint public hearing required by the CRL, the
Agency must also submit areport on the Plan, entitled the Report to Board of Supervisors
("Report") The purpose of this Report is to provide in one report all information,
documentation and evidence regarding the Montalvin Manor to assist the Board of Supervisors
in consideration of the proposed Plan and in making various findings and determinations that
are required to adopt the Plan. This Report has been prepared in accordance with all the
requirements of Section 33352 of the CRL and includes the reasons for the adoption of the
Project Area; a description of proposed projects and programs and how these projects and
programs will improve or alleviate blighting conditions existing in the Project Area, an
implementation plan describing specific projects and programs that will alleviate or improve
blighting conditions; an explanation of why the elimination of blight cannot be accomplished
through private enterprise acting alone or through ether financing alternative other than tax
increment financing; the method of financing and economic feasibility of the Plan; the Project's
Method of Relocation; an analysis of the Preliminary Plait for the Project; the statement of
conformation to the County's General Plan; the Environmental Impact Report; the report of the
County Fiscal Officer, a neighborhood impact report; and analysis of the County Fiscal
Officer's report and a summary of consultations with affected taxing agencies.
Redevelopment!Plan
The Plan has been prepared pursuant to Section 33000, et. seq. of the CRL, the California
Constitution, and all applicable laws and ordinances. It does not present a specific plan for the
redevelopment,;rehabilitation and revitalization of the Project Area. Instead, it establishes a
process and framework for implementation and the alleviation/elimination of blighting
conditions in the Project Area.
In general, the Plan provides a framework which allows the Agency to: 1)fund property
rehabilitation programs; 2) provide for affordable housing opportunities in conjunction with the
Housing Element of the County; 3)construct public facility and infrastructure improvements; 4)
acquire property for sale or lease within the Project Area; 5) collect tax increment revenue to
fund rehabilitation programs, public improvements, and other activities; and 6) sell bonds to
fund, in whole or in part, rehabilitation programs, public improvements; and other
implementation activities. The Plan will remain in effect for 30 years`and the Agency will have
the ability to collect tax increment revenues for a total of 45 years, provided that debt service
payments on outstanding bonds are required'after the 30 year term of the Plan has expired.
Specifically, the intent of the Plan is to revitalize the viability of the area. Consequently, this
Plan does not authorize the use of the power'of the eminent domain'by the Agency over
properties in which people reside:
Environmental Review
The Agency has also followed the appropriate environmental review;process, pursuant to the
California Environmental Quality Act(Public Resources Code Section 21000 et.'sect.) ("CEQA")
and the Guidelines for Implementation of the California Environmental Quality Act(Title 14,
California Code of Regulations, Section 150001 et. seq.) ("CEQA Guidelines"), with respect to
the Montalvin Manor Redevelopment Project. A Final Program Environmental Impact Report
("EIR"), has been prepared by the Agency for the Montalvin Manor Redevelopment Project.'
Personal\boardorders\board.rda 6.17'.03.jointpublichearing
3 The Agency will consider certifying the review and consideration of the Final EIR and making
findings required by the CEQA at the joint public hearing.
Joint Public Hearing
The joint public hearing is intended to provide a forum for the receipt of public comment on the
Redevelopment Plan and the Final Program EIR for the Project Area. If written objections are
not received prior to or during the joint public hearing, the public hearing may be closed, the
Agency may adopt resolutions, Board of°"Supervisors resolution adopting the EIR may be
adopted, and the Board of Supervisors may introduce and conduct first reading by title only,
the ordinance adopting the Redevelopment Plan.
If any written objections to the Redevelopment Plan are received, the public testimony portion
of the joint public hearing may be closed. Section 33364 of the CRL requires that the
Redevelopment Plan may only be adopted by the Board of Supervisors after consideration of
written objections; and the adoption of written findings in response to written objections.
Written objections may be delivered at any time prior to the June 17, 2003 joint public hearing
of the Board of Supervisors and the Agency. The Agency staff must then prepare written
responses to written objections as required by the CRL, which will be presented at a
subsequentBoard of Supervisors meeting, entered into the record and adopted by Board of
Supervisors Resolution.
Ordinance
The attached ordinance is a mechanism by which the Board of Supervisors would adopt the
Redevelopment Plan. It makes certain findings regarding the conditions and needs of the
proposed Montalvin Manor Redevelopment Plan.
ADDENDUM TO ITEM D.4
June 17, 2003'
On this date the Board of Supervisors/Redevelopment Agency held a joint public hearing
regarding the Redevelopment Plan for the Montalvin Manor Redevelopment Project area, and
considered the Election of Statutory Pass-Through, Implementation Plan, and Final
Environmental ImpactReport for the Montalvin'Manor Redevelopment project.
Jim Kennedy,Redevelopment Director, Community Development Department presented the
staff report and recommendations.
The Chair opened the public hearing. The following persons presented testimony:
John Dougherty, 420'Christine Drive, San Pablo
Antonio Medramo, 406 Linda, San Pablo.
The Chair then closed the public hearing,and returned the matter to the Board for further
discussion. Supervisor Gioia the moved to approve the staff's recommendations with direction
to staff to return to the Board of Supervisors with a proposal to establish a Citizens Advisory
Committee for the residents of Montalvin.Lee Rosenthal,Agency Council, Goldfarb&Lipman
requested a change in the ordinance. On page two,where it mentions receiving any written
objections,Mr. Rosenthal requested the language to read"Prior to the Joint Public Hearing on
the plan,the Board of Supervisors and Agency received no written comments on the Plan."
Supervisor Gioia agreed to incorporate that as part of his motion. Supervisor Uilkema'second
the motion and the Board took the following action:
o CLOSED the public:hearing,
o ADOPTED Statement of overriding considerations
o ADOPTED Mitigation Monitoring Program.
o ADOPTED Resolution No. 2003/392 electing statutory pass-through pursuant to
Health and Safety Code Section 336075(b)with respect to the County's adoption of
the Montalvin Manor Redevelopment'Plan;
o ADOPTED Resolution No.2003/499 of the Redevelopment Agency of the County of
Contra Costa approving an implementation plan for the Montalvin Manor
Redevelopment Project Area;
o ADOPTED Concurrent Resolution No.2003/500 of the Board of Supervisors and
Redevelopment Agency of the Contra Costa County of the State of California,
certifying review and consideration of the Final Environmental Impact Report and
making findings required by the California Environmental Quality Act in the
approval and adoption of the Redevelopment Plan for Montalvin Redevelopment
Project;,
o DIRECTED staff to return as soon as possible to establish a dialogue with Citizens
Advisory Board;
o ADOPTED Ordinance No..2003-22 for the Montalvin Manor Redevelopment Plan
as amended.
CONTRA COSTA COUNTY
REDEVELOPMENT AGENCY
651 Pine Street, N. Wing - 4th 'Floor
Martinez, CA 94553
Telephone: 925.335.1255 Fax: 925.335.1265
TO: Beard of =Supervisors; and 'Governing Board of the Redevelopment
Agency
FROM: Jam K nn , Redevelopment Director
DATE: J ne003
RE. June 17,' 2003 Nearing and Recommended Actions to Adopt
Redevelo ent Pian for the Montalvin Manor Area
On June 37 2003 the Board'of Supervisors will hold a public hearing with
the Contra Costa County Redevelopment Agency to consider adoption of a
Redevelopment Plan for the Montalvin Manor area (Map attached). This binder
includes the reports and documents to be considered, including:
Tab A: Overview/background' regarding joint meeting of the Board of
Supervisors and Redevelopment Agency to consider the
Montalvin'Manor Redevelopment Plan
Tab B': Draft Redevelopment Plan for Montalvin Manor Redevelopment
Project Area
Tab C: Report to the Board of Supervisors on the draft
Redevelopment Plan required by Section 33352 of the
California Health and Safety Code, including the description of
physical and economic conditions in the area, the need for
public redevelopment tools, a description of financing and
economic feasibility, the method of relocation, the analysis of
the Preliminary Plan, the report and recommendation of the
County Planning Commission, the conformance of the
Redevelopment'Plan to the County General Plan, a f fiscal report
\\fs-cd\users$\Inoble\Personal\Memos\memo.board of supervisors.06.09.03.doc �
including the report of the County fiscal officers and the
consultation with the taxing entities, and a neighborhood
Impact Report.
Tab b': The Final Environmental Impact Report
Tab E Ordinance Adopting the Redevelopment Plan
Tab F� Concurrent Resolution of the Board of Supervisors and the
Redevelopment Agency certifying the Ficial EIR, making
f indings,and adopting a mitigation monitoring program
Tab G: Resolution of the Redevelopment Agency adopting an
Implementation Plan for Montalvin Manor Redevelopment'
Tab H: Resolution of the Board of Supervisors receipt of statutory
eluting pass-through
\\fs-cd\users$\Pnoble\Personal\Memos\memo.board of supervisors.06.09.01doc 2
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TO: , BOARD OF SUPERVISORS `'.'
FROM. DENNIS M. BARRY, AIGP Costa
COMMUNITY DEVELOPMENT DIRECTOR •�.
County
DATE: June 17, 2003 "
SUBJECT: Montalvin Manor Redevelopment-Election of Statutory Pass-Through
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
ADOPT Resolution electing statutory pass-through pursuant to Health and Safety Gude
Section 33607.5(b)for the Montalvin Manor Redevelopment Project.`.
FISCAL IMPACT
The Redevelopment Flan Adoption process) has identified the potential effects of revenue
diversion of potential tax increment revenue expected to be generated by the Montalvin Maxtor
Redevelopment 'Project Area on the. County General fund :and County Controlled funds.
Pursuant to the Redevelopment Reform Act of 1994, all Project Area taxingentities including
the County and County Controlled Agency will be eligible for required statutory' pass through
payments of tax increment revenue should the Redevelopment'Plan be adopted;
CONTINUED ON ATTACHMENT: ❑ YES SIGNATURE:
F1 RECOMMENDATION of COUNTY ADMINISTRATOR M',RECOM N TION OF RD COMMITTEE
Q APPROVE C OTHER
SIGNATURE($):
ACTION OF BOARD ON June 17, 2003
,4I'PROVEDAS RECOMME DED ' OTHER
VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
UNANIMOUS(ABSENT NOne ; ENTERED ON THE MINUTES OF THE BOARD OF
AYES: NOES: SUPERVISORS ON THE DACE SHOWN.
ABSENT: ABSTAIN: ATTESTED
*'*District III Seat VACWr** fib 17,
Contact: JOHN SWEETEN,CLERIC OF THE BOARD OF
SUPERVISORS ANIS COUNTY'ADMINISTRATOR r:
cc: CAO
County Counsel
Community Development
By: sputy
Personal\hoardorders\Board.mm.election,6.1'7.03
BACKGR-01 ND:
The proposed Montalvin Manor Redevelopment Project Area ("Project Area") is located in the
unincorporated area of Centra Costa County, Mate of California. Neighboring cities include
Richmond and 'Pinole. The proposed Montalvin Manor Redevelopment ProjectArea is
predominantly residential with limited revenue'generating;commercial uses.
The proposed Project Area has experienced physical and economic decline. Without local
assistance through the tools of redevelopment, these properties' will continue to decline,
increasing the existing'physical burden on the community and further diminishing the economic
viability of the area.
The Redevelopment Pian permits the Redevelopment Agency to collect tax increment
revenues from the Project Area for a term of 45 years. The California Community
Redevelopment Law ("CRL") requires that a portion of the Agency's tax increment revenues be
shared with affected taxing agencies (including the Contra Costa County, school districts, and
special districts) pursuant to Sections 33674 and 33607.5.
As an affected taxing agency, Centra Costa County (the "County") may elect to receive its
share of the statutory pass through payments. Pursuant to the CRL,the County will be entitled
to receive it's share of 25% of 80% (Non-housing tax increment revenue) of all tax increment
revenue generated by the Project Area over the next 45'years, the period the Redevelopment
Plan authorizes the Project to receive tax increment revenue
Personal\boards,nier6\Hoard.mm.electzan.6.17.03
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on June 17, 2003, by the following vote:
AYES: S imisoRs Gim, i num, GL vER and DesAtum
NOES: NM
ABSENT:
ABSTAIN:
**District III Seat VWMr**
Resolution No.: 2003/392
SUBJECT: Resolution electing statutory pass-through pursuant to Health and Safety
Code Section 33607.5(b)for the Montalvin Manor Redevelopment Project
The Contra Costa County Board of Supervisors RESOLVES THAT.
The Redevelopment Agency of the County of Contra Costa(the "Agency")is preparing
Redevelopment Plan for the Montalvin Manor Redevelopment Project(the "Plan"), which
provides for tax increment financing pursuant to Health and Safety Code Section 33570("Tax
Increment") and
The County of Contra Costa is;the community adopting the Plan and is authorized to
make the election described in Health and Safety Code Sections 33607.5(b); and
The Contra Costa County Board of Supervisors hereby elects to be paid the amounts set
forth in Sections 33607.5(b)as a statutory pass-through payment from the Agency for each fiscal
year the Agency collects Tax Increment pursuant to the Plan; and
It is the policy intent of the Board of Supervisors that the amount received as a statutory
pass,-through payment each fiscal year by the County will be appropriated for programs and
activities that benefit the Montalvin Manor community and support the redevelopment program,
as determined in the annual County budgeting process; and
The County:Administrator is hereby authorized and directed to transmit copies of this
Resolution to the Agency and to take all other actions required pursuant to Health and Safety
Code Sections 33607.5(b) to implement the election set forth in this Resolution.
I hereby certify that this is,a true and correct
copy of an action taken and entered on the
minutes of the Board of Supervisors on the
dilate s��nhowm
jOHN 1gTSN, 01ork of the Board
suparvisom and utnty,AdmInistrator
'° ....Deputy
'I his Ordinance was approved on June 17, 2003.
There was an error discovered after the adoption.
This ordinance will be recin.ded and new ordinance
2003-23 will be adopted within 30 days.
RECORDED AT REQUEST`OF:
THE CONTRA COSTA COUNTY
REDEVELOPMENT AGENCY
WHEN RECORDED MAIL TO:
Goldfarb &Lipman
1300 Clay Street, 9th Floor
City Center Plaza
Oakland, CA 94612
Attn: Phuong Y. Lam
NO RECORDING FEE PURSUANT TO
GOVERNMENT CODE SECTION 27383
ORDINANCE NO. 2003-22
AN ORDINANCE OF THE CONTRA COSTA COUNTY BOARD OF
SUPERVISORS ADOPTING THE REDEVELOPMENT PLANT FOR THE
MONTALVIN MANOR REDEVELOPMENT PROJECT PURSUANT TO THE
COMMUNITY REDEVELOPMENT LAW OF THE STATE OF CALIFORNIA
THE CONTRA COSTA COUNTY BOARD OF SUPERVISORSDOES'ORDAIN AS
FOLLOWS:
SECTION I. RECITALS AND BACKGROUND INFORMATION. Pursuant to the.
California Community Redevelopment Law(Health& Safety Code Section 33000 et seg.)(the
"Redevelopment'Law"), the Redevelopment Agency of the County of Contra Costa(the
"Agency")has prepared and submitted to the Contra Costa County Board of Supervisors(the
"Board of Supervisors") for review and adoption the Redevelopment Plan(the"Plan")for the
Montalvin Manor Redevelopment Project Area(the"Project Area"). The flan consists of twenty
four(24)pages and four(4)exhibits. A copy of the Plan is on file with the Clerk of the Board
and is incorporated in this Ordinance by this reference.
The purpose and scope of the Redevelopment Plan are to authorize and implement a
program of actions and accompanying legal authority to enable the Agency to promote the
alleviation of adverse physical and economic conditions and encourage development and
redevelopment of the Project Area established in the Redevelopment Plan.:consistent with the
Montalvin Manor General Plan. The redevelopment program under the Redevelopment Plan is
intended to facilitate both public and private investment within the Project Area. Redevelopment
activities for accomplishing the objectives of the Redevelopment Plan may include but are not
limited to'building rehabilitation,public infrastructure improvement, commercial revitalization/
economic'development,new housing affordable to the workforce,blight removal, and other new
development.
The Project Area is situated in the County of Contra Costa, State of California, and is
shown on Exhibit A and more particularly described in Exhibit B,both attached hereto and by
this reference incorporate herein.
The Agency has made studies of the impact of the Plan on the physical condition of
structures, environmental influences, land use, and social, economic, and cultural conditions in
the Project Area, and has determined that the program of redevelopment to be undertaken
pursuant to the Plan will promote the proper redevelopment of the Project Area in accordance
with the goals,objectives and policies of the County of Contra Costa General Plan(the'"General
Plan"), any applicable specific plans,the Plan, and the Redevelopment Law.
The Contra Costa County Planning Commission,which is the duly designated and acting
official planning body of the County of Contra Costa,has submitted to the Beard of Supervisors
its report and recommendation for approval and adoption of the Plan and has certified that the
Plan conforms to the General Plan.
ORDINANCE NO. 2003-22
320\171169255.3 1
The Plan incorporates the land uses for the Project Area which are determined by the
County's General Plan. Implementation of the Plan may require, among other things,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 to the Boardof Supervisors(the"Report")pursuant to Health and Safety
Code Section 33352, a copy of which is on file with the Clerk of the Board. The Report is
hereby incorporated in this Ordinance by this reference.
As a part of the Report,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, and a program for implementation of the projects contemplated
to be undertaken pursuant to 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>ofrace,color, creed, religion, sex, sexual orientation,marital
status, national origin,or ancestry:
On June`17, 2003,the Board of Supervisors and the Agency conducted a joint public
hearing which was duly noticed in accordance with the requirements of the Redevelopment Law.
The County and Agency staff have prepared and submitted to the Board of Supervisors
for review the Notice of Preparation(the "Notice of Preparation"), and the Environmental impact
Report regarding the Plan(the "EIR"),which have been prepared pursuant to the California
Environmental Quality Act of 1970, as amended("CEQA"), the Official State Guidelines as
amended for the implementation of CEQA(the "State EIR Guidelines"), and the County of
Contra Costa and Agency local guidelines for administering CEQA. The EIR consists,,of the
Draft EIR dated February 2003,and the Final Environmental'Impact Report dated May 2003.
The EIR was certified by the Board of Supervisors on June 17, 2003. Copies of the EIR and the
Notice of Preparation are on file with the Clerk of the Board.,
By resolution adopted on June 17,2003, the Board of Supervisors and the Agency have
adopted mitigation measures and made certain findings and statements in compliance with
Sections 15091,`15093, and 15168 ofthe'State EIR Guidelines(the"CEQA Findings").
At or prior to the joint public hearing on the Plan, the Board of Supervisors and Agency
received no written comments on the Plan.
SECTION II. FINDINGS AND DETERMINATIONS In accordance with
California Health and Safety'Code Sections 33367, and based upon the evidence'contained in the
Report, the EIR,;the Notice of Preparation,the CEQA Findings,the Written Responses, 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 above recitals and background information are true and correct.
b). 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 Lav(see;particularly:Sections A,B, C and D of the Report regarding
evidence with respect to this finding).
c). The time limitations that are contained in the Plan are reasonably related
to the proposed projects to be implemented in the Project Area and to the ability'of the Agency to
eliminate blight within the Project Area(see particularly Sections A, B,C D and E of the Report
regarding evidence with respect to this finding).' As indicated in Sections D and E of the Report
and accompanying tax increment projections, it will require a lengthy period to generate
sufficient funds to pay for the identified programs and activities to alleviate blight in the Project
Area, so that it will be necessary for the Agency to have twenty years from the date of Plan
adoption to incur debt to pay for the necessary programs and activities,thirty years for the Plan
ORDINANCE NO. 2003-22
320117169285.3 2
t
to be effective, and forty-five years to receive tax increment revenue in order to repay the debt
incurred for the necessary programs'`and activities.
d). 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
the County of Contra Costa and would effectuate the purposes and policy of the Redevelopment
Law(see particularly Sections A,B C and D of the Report regarding evidence with respect to
this finding).
e)'. The Plan conforms to the County of Contra Costa General Plan including,
but not limited to,the Housing Element of the General Plan,which Housing Element
substantially complies with the requirements of Article 10.6 (commencing with Section 65580 of
Chapter 3 of Division 1 of Title 7 of the Government Code)(see particularly Sections G,H and I
of the Report and Chapters 2.3 and 3.2.2 of the Draft EfR regarding evidence with respect to this
finding).
f). The adoption and implementation of the Plan is economically sound and
feasible(see particularly Section E of the Report'regarding evidence with respect to this finding).
g). The Plan will afford maximum opportunity,consistent with the sound'
needs of the County of Contra Costa,as a whole, for the redevelopment of the Project Area by
private enterprise (see,particularly Sections C,D and E of the Report and the Agency's adopted
Rules for Owner Participation and Business Tenant Preference regarding evidence with respect
to this finding).
h). The Agency has a feasible method or plan for the relocation of families
and;persons which may be displaced from the Project Area if the Plan may result in the
temporary or permanent displacement of any occupants of housing facilities in the Project Area
(see particularly'Sections F and L the Report and the Agency's adopted Relocation Guidelines
regarding evidence with respect to this finding).
i). There are, or shall be provided,in the Project Area or in other areas not
generally less desirable in regard to,public utilities and public and commercial facilities and at
rents or prices within the financial means of the families and persons who may be displaced from
the Project Area,decent, safe and sanitary dwellings equal in number to the number of and
available to, such displaced families and persons and reasonably accessible to their places of
employment. Families and persons'shall not be displaced prior to the adoption of a relocation
plan pursuant to Sections 33411 and.33411.1 the Redevelopment Law. Dwelling units housing
persons and families of low or moderate income shall not be'removed or destroyed prior to the
adoption of a replacement housing plan pursuant to Sections 33334.5, 33413, and 33413.5 of the
Redevelopment Law(see particularly Sections F and L of the Report regarding evidence with
respect to this finding)'.
j). Pursuant to Health and Safety Code Section 33367(e),the Board of
Supervisors is satisfied that permanent housing facilities will be available'within three years
from the time occupants of the Project Area, if any, are displaced and that pending the
development of such facilities, there will be available to such displaced occupants adequate
temporary housing facilities at rents comparable to those in the community at the time of their
displacement(see particularly Sections F>and L of the Report regarding evidence with respect to
this finding).
k). The Project Area contains approximately 211.44 acres. All noncontiguous
areas of the Project Area are either blighted or necessary for effective redevelopment, and are not
included in the Project'Area for the purpose of obtaining tax increment revenues from the area
pursuant to Health and Safety Section 33674 without substantial justification for their inclusion
(see particularly Sections A,B,C,D, and'E of the Report regarding evidence with respect to this
finding).
1). The inclusion of any lands,buildings,or improvements which are not
detrimental to the public health, safety, or welfare is necessary for the effective redevelopment of
the Project Area ofwhich they are a part; and these lands,buildings or improvements are not
included for the purpose of obtaining the allocation of tax increment revenues from such area
ORDINANCE NO. 2003-22
3201171169285.3 3
pursuant to Health and Safety Code Section 33670 without other substantial justification for their
inclusion;(see particularly SectionsA,B,'C,D and E of the Report regarding evidence'with
respect to this finding)
m). 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 to, among other things,the establishment of new street patterns,the location of sewer
and water mains, lighting and utility lines'and other public facilities and either public action, and
accordingly, this Council 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.
n). 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 Sections A, B, C,D and E of the Report regarding
evidence with the respect to this finding).
o). The condemnation of non-residential 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 Sections A,B,C,D and E of the Report regarding
evidence with respect to this finding). As indicated in'Section D of the Report to Board of
Supervisors, the Project Area is characterized by commercial parcels of inadequate size and
shape for modem reuse that are in separate ownership,'and for which the Agency's land assembly
authority is needed to facilitate such reuse. As indicated in Section F,the Agency will have and
can commit the resources necessary to provide full compensation for any land acquisition in
accordance with the requirements of law. The Plan prohibits the use of eminent domain by the
Agency with respect to parcels on which persons reside.
p). 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 the
payment of funds for the acquisition of land for and the cost of such improvements will assist in
eliminating one or more blighting conditions in the Project Area or provide housing for low- or
moderate-income persons, and is consistent with the Agency's five-year implementation plan
adopted pursuant to Health and Safety Code Section 33352(c). 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 Sections A B, C,'D and E of the Report
regarding evidence with respect to this finding).
q). The Project Area is predominantly urbanized as defined by subdivision.(b)
of Section 33320.1 of the in the Redevelopment'Law(see particularly Section A of the Report
regarding evidence with respect to this finding).
r). The Project Area contains no enforceably restricted agricultural land or
open space land. The Project Area also contains no parcel of land larger than two acres that is in
current agricultural use, and consequently no finding of the Agency is required pursuant to
Section 33321.5(b)of the Redevelopment Law (see particularly Sections A and B of the Report
regarding evidence with respect to this finding):
SECTION III. OVERRULING OF OBJECTIONS. To the extent any oral objections
have been received, all oral objections to the Plan are hereby':overruled.
SECTION IV, APPROVAL OF REDEVELOPMENT PLAN. The Plan for the
Project Area,having been duly received and considered, is approved and adopted, and the Clerk
of the Board is hereby directed to file a copy of the Plan with the minutes of this meeting. The
Plan,which contains, among other elements,the statement of the purpose and intent of the Board
of Supervisors with respect to the Project Area,is incorporated in this Ordinance by reference.
The Plan is hereby designated as the official Redevelopment Plan for the Project Area.' it is the
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320\17\169285.3
>
purpose and intent of this Board of Supervisors 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. SPECIFIC PURPOSES OF BOARD OF SUPERVISORS. It is the
specific purposeand intent of the Board of Supervisors that the Plan be implemented in order to:
a). Eliminate the conditions>ofblight in the Project Area;
b). Ensure, as far as possible,that the causes of the blighting conditions will
be either eliminated or protected against;
c). Encourage and ensure the appropriate redevelopment of the Project Area;
and
d). Encourage and foster the economic revitalization of the Project Area and
the provision of affordable housing in or of benefit to the Project Area:
e). Provide and improve affordable'housing.
Neither the list of purposes set forth above nor the lists of goals and objectives set forth in
the Plan and the Report are intended to reflect a particular priority order. Rather, it is the
intention of the Board of Supervisors that the Plan be implemented in a manner that will achieve
an appropriate balance'of the listed purposes, goals, and objectives taking into account
redevelopment needs and opportunities that arise from time to time.
SECTION VI.; SEVERABILITY. If any provision, section, subsection, subdivision,
sentence, clause or phrase of this Ordinance or the Plan is for any reason held to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining portion or portions
of the Ordinance or the Plan. In the event that any portion of the Project Area shall be
determined to have been invalidly or incorrectly included in the Project Area, such invalidly or
incorrectly included portion of the Project Area shall be deemed severable from the remainder of
the Project Area, and the remainder of the Project Area shall remain fully subject to the
provisions of the Plan.
SECTION VII. RECORDATION. The Executive;,Director of the Agency is hereby
directed to record the Plan in compliance with the provisions of Health&Safety Code'Section
33373 and Government Code Section 27295.
SECTION VIII. EFFECTIVE DATE. This Ordinance becomes effective 30 days after
passage, and within 15 days after passage shall be published once in The West County Times,
newspapers of general''circulation printed and published and circulated in the Contra Costa
County.
PASSED on June 17, 2003,by the following vote:
AYES: Gioia,Uilkema,Glover and DeSaulnier
NOES: None
ABSENT: None
ABSTAIN:None
"District III Seat VACANT**
ATTEST: June 17,2003
John Sweeten,Clerk of the Board
and:County Administrator
By:
Deputy Board Chair'
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320\17\169285.3 5
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