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HomeMy WebLinkAboutMINUTES - 05222007 - C.23 sE..L Contra Costa - s County TO: BOARD OF SUPERVISORS COUNT REV 2 FROM: Dennis M. Barry, AICP Community Development Director DATE: May 22, 2007 SUBJECT: Eminent Domain Process Ordinances . SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS INTRODUCE Ordinance describing the Contra Costa County Redevelopment Agency's eminent domain program, as required by the Heath & Safety Code Section 33342.7, WAIVE reading and FIX June 5, 2007 for adoption. FISCAL IMPACT None. No General Funds are involved. The adoption of the Ordinances does not have committed redevelopment revenue. BACKGROUND/REASONS FOR RECOMMENDATIONS SB 53 (Kehoe) adopted by the legislature and signed into law in 2006, requires that the legislative body that previously adopted a redevelopment plan containing eminent domain authority adopt a current ordinance describing the agency's program to acquire real property by July 1,2007 (Section 33342.7 of the Health and Safety Code). The recommended action will bring the County Redevelopment Agency to comply with current law prior to the required date of July 1, 2007. A related action in the 2006 legislative session was the enactment of SB 1809 (Machado), which requires a redevelopment agency with an existing plan that authorizes the use of eminent domain to record on all properties within the project area,a new Statement of Institution no later than December 31, 2007, (Health & Safety Code Section 33373 (c) and Government Code Section 27295). The recommended action will permit the County Redevelopment Agency to comply with this legal requirement as well. CONTINUED ON ATTACHMENT: _X_YES SIGNATURE: Tzle2�vv( ECOMMENDATION OF COUNTY ADMINISTRATO RECOMME ATION OF BOA COMMITTEE _APPROVE _OTHER SIGNATURE(S): ` ACTION OF BOA N c� �b0 APPROVE AS RECOMMENDED VOTE OF SUPER ORS � I HEREBY CERTIFY THAT THIS IS A �NANIMOUS (ABSENT /V/fOTx--J TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE Contact: Jim Kennedy DATE SHOWN. 5-7225 orig: Redevelopment Agency cc: County Administrator ATTESTED /'�4 tea, County Counsel Community Development JOHN CULLEN, CLERK OF Via: Redevelopment THE BOARD OF SUPERVISORS • Goldfarb & Lipman AND COUNTY ADMINISTRATOR BY ,DEPUTY I:jkennedy/BOARD/5.22.07 eminent domain process ordinances BACKGROUND/REASONS FOR RECOMMENDATIONS Pursuant to CEQA Guidelines Section 15378(b)(2),(4) and (5), adoption of the Ordinances is not a "project", and is therefore exempt from CEQA review. When the Board of Supervisors considers adoption of the ordinance it will also be recommended to approve the filing of a CEQA Notice of Exemption for the Ordinance. The Chart below summarizes the status of eminent domain authority by project area. Year of Plan Initial Eminent Domain Current Program Adoption Provision at Plan Adoption of Eminent Domain Contra Costa 1984 Permitted throughout the project area Eminent domain authority expired in Centre 1996; No eminent domain authority exists for the Agency North 1987 Permitted throughout the project area Eminent domain authority renewed in Richmond 1999 for twelve years i Bay Point 1987 Permitted throughout the project area Eminent domain authority renewed in 1999 for twelve Rodeo 1990 Permitted throughout the project area Eminent domain authority renewed in 2002.Area subject to eminent domain authority limited to"Affected Area"that is generally the Parker Avenue corridor, the San Pablo Avenue corridor, and the downtown/waterfront area of Rodeo Montalvin 2003 Limited eminent domain authority. No No change. Initial provision still in place. Manor residential structures may be acquired using eminent domain unless requested by the owner. I:jkennedy/BOARD/5.22.07 eminent domain process ordinances Notice of Exemption To: ❑ Office of Planning and Research From: Contra Costa County Redevelopment Agency P.O. Box 3044 2530 Arnold Drive,Suite 190 1400 Tenth Street,Room 222 Martinez,CA 94553 Sacramento,CA 95812-3044 ❑D County Clerk County of Contra Costa 555 Escobar Street Martinez,CA 94553 Project Title: Adoption of Description of Eminent Domain Program for the following Redevelopment Plans and Redevelopment Project Areas: Rodeo,Contra Costa Centre,Bay Point,North Richmond and Montalvin Manor Project Location—Specific: Bay Point,Montalvin Manor,North Richmond,Contra Costa Centre,and Rodeo Redevelopment Project Areas Project Location—City: N/A Project Location—County: Contra Costa County(various unincorporated areas) Description of Project: Adoption of Description of Eminent Domain Program,adopted pursuant to SB 53,codified at Health and Safety Code Section 33342.7. Name of Public Agency Approving Project: County of Contra Costa Name of Person or Agency Carrying Out Project: Contra Costa County Redevelopment Agency Exempt Status: (check one) ❑ Ministerial (Sec.21080(b)(1); 15268); Cl Declared Emergency(Sec. 21080(b)(3); 15269(a)); C7 Emergency Project(Sec.21080(b)(4); 15269(b)(c)); ❑ Categorical Exemption. State type and section number: ❑ Statutory Exemptions. State code number: a Not a 'Project" as defined in Section 15378. Reasons why project is exempt: Adoption of this type of program is not a project pursuant to CEQA Guidelines Section 15378(b)(2),(4),and(5) and is therefore exempt from CEQA. Lead Agency Contact Person: James Kennedy Area Code/Telephone/Extension: (925)335-7225 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a Notice of Exemption been filed by the public agency approving the project? OY.es ❑ No Signature; Date: Title: ❑O Signed by Lead Agency Date received for filing at County: ❑ Signed by Applicant Revised May 1999 320\04\441224.2 ORDINANCE NO.2007-25 [Uncodified] AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA ADOPTING A DESCRIPTION OF THE PROGRAM FOR THE ACQUISITION OF REAL PROPERTY BY EMINENT DOMAIN FOR THE REDEVELOPMENT PLANS FOR THE RODEO REDEVELOPMENT PROJECT AREA, THE CONTRA COSTA CENTRE REDEVELOPMENT PROJECT AREA,THE BAY POINT REDEVELOPMENT PROJECT AREA,THE NORTH RICHMOND REDEVELOPMENT PROJECT AREA AND THE MONTALVIN MANOR REDEVELOPMENT PROJECT AREA PURSUANT TO RECENTLY ENACTED HEALTH AND SAFETY CODE SECTION 33342.7, AND RELATED ACTIONS THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA ORDAINS AS FOLLOWS: SECTION I. PURPOSE AND INTENT. Pursuant to the California Community Redevelopment Law(Health and Safety Code Section 33000 et seq.;the "Redevelopment Law"),the Board of Supervisors(the "Board")of the County of Contra Costa(the "County") has adopted and the Contra Costa County Redevelopment Agency(the "Agency") is responsible for implementing the following redevelopment plans(the "Redevelopment Plans")for the following redevelopment project areas(the "Project Areas"): 1. The Redevelopment Plan for the Rodeo Redevelopment Project Area(the "Rodeo Redevelopment Plan")adopted by Ordinance No. 90-50,adopted on July 10, 1990,as amended by Ordinance No. 94-66,adopted on December 6, 1994,as amended by Ordinance No.99-08,adopted on February 23, 1999, as amended by Ordinance No.2002-16,adopted on May 21,2002,and as further amended by Ordinance No. 2006-37,adopted on July 18, 2006,establishing the Rodeo Redevelopment Project Area(the "Rodeo Project Area"); and 2. The Redevelopment Plan for the Contra Costa Centre Redevelopment Project Area,formerly the Pleasant Hill BART Station Area Redevelopment Project(the "Contra Costa Centre Redevelopment Plan") adopted by Ordinance No. 84-30,adopted on July 10, 1984,as amended by Ordinance No. 88-58,adopted on July 19, 1988, as amended by Ordinance No. 94-62;adopted on December 6, 1994,as amended by Ordinance No. 99-04,adopted on February 23, 1999,as amended by Ordinance No. 2005-16,adopted on May 24,2005,and as further amended by Ordinance No.2006-36,adopted on July 18,2006,establishing the Contra Costa Centre Redevelopment Project Area(the "Contra Costa Centre Project Area");and 3. The Redevelopment Plan for the Bay Point Redevelopment Project Area(the "Bay Point Redevelopment Plan") adopted by Ordinance No. 87-102,adopted on December 29, 1987,as amended by Ordinance No.94-64,adopted on December 6, 1994,as amended by Ordinance No. 99-05,adopted on February 23, 1999,as further amended by Ordinance No. 99-54,adopted on October 19, 1999,and as further amended by Ordinance No. 2006-33,adopted on July 18,2006,establishing the Bay Point Redevelopment Project Area(the"Bay Point Project Area");and 4. The Redevelopment Plan for the North Richmond Redevelopment Project Area(the "North Richmond Redevelopment Plan")adopted by Ordinance No. 87-50,adopted on July 14, 1987,as amended by Ordinance No. 94-63,adopted on December 6, 1994,as amended by Ordinance No. 99-06,adopted on February 23, 1999,as amended by Ordinance No. 99-31,adopted on June 8, 1999,and as further amended by Ordinance No. 2006-35,adopted on July 18,2006,establishing the North Richmond Redevelopment Project Area(the "North Richmond Project Area");and 5. The Redevelopment Plan for the Montalvin Manor Redevelopment Project Area(the"Montalvin Manor Redevelopment Plan")adopted by Ordinance No.2003-23,adopted on July 8,2003,as amended by ORDINANCE NO. 2007-25 1 Ordinance No. 2006-34,adopted on July 18,2006,establishing the Montalvin Manor Redevelopment Project Area (the"Montalvin Manor Project Area");and The legal description of the property contained within the boundaries of each of the Project Areas is set forth as an exhibit to each of the respective Redevelopment Plans. The Rodeo Redevelopment Plan,the Bay Point Redevelopment Plan,the North Richmond Redevelopment Plan and the Montalvin Manor Redevelopment Plan authorize the use of eminent domain by the Agency under specified circumstances to acquire real property. The Contra Costa Centre Redevelopment Plan formerly authorized the use of eminent domain by the Agency under specified circumstances to acquire real property;but such power of eminent domain completely expired as of July 19,2000. SB 53 added Health and Safety Code Section 33342.7 to the Community Redevelopment Law, which requires the Board to adopt by ordinance a description of the Agency's program to acquire real property by eminent domain. The Agency has prepared the required description of its real property acquisition program(the "Acquisition Program") which is attached to and incorporated in this Ordinance in the following exhibits: I. Exhibit A sets forth the Acquisition Program with respect to the Rodeo Project Area;and 2. Exhibit B sets forth the Acquisition Program with respect to the Contra Costa Centre Project Area, which describes that the Agency has no power to acquire real property by eminent domain in the Contra Costa Centre Project Area;and 3. Exhibit C sets forth the Acquisition Program with respect to the Bay Point Project Area;and 4. Exhibit D sets forth the Acquisition Program with respect to the North Richmond Project Area; and 5. Exhibit E sets forth the Acquisition Program with respect to the Montalvin Manor Project Area; and The Agency has prepared and submitted and the Board has reviewed and considered the staff report on the Ordinance. The Agency staff has prepared and placed on file with the Clerk of the Board of Supervisors a CEQA Notice of Exemption for this Ordinance. SB 1809 added Health and Safety Code Section 33373(c)to the Community Redevelopment Law,which requires the Agency to record revised Statements of Institution of Redevelopment Proceedings(including a description of the Agency's program to acquire real property by eminent domain) with respect to the Rodeo Project Area,the Bay Point Project Area,the North Richmond Project Area and the Montalvin Manor Project Area, in which areas the Agency has the power of eminent domain(the "Statements"). Because the Agency does not have the power of eminent domain in the Contra Costa Centre Project Area,as noted above, no such Statement is required to be recorded with respect to the Contra Costa Centre Project Area pursuant to Health and Safety Code Section 33373(c). Agency staff has prepared the Statements,copies of which are on file with the Clerk of the Board. SECTION I1. FINDINGS AND DETERMINATIONS. 1. The Board hereby finds and determines that the above recitals are true and correct. 2. The Board hereby finds and determines that the adoption of this Ordinance is required by law is thus necessary and desirable. 3. In compliance with Health and Safety Code Section 33342.7,the Board hereby approves and adopts the description of the Agency's Acquisition Program for the Project Areas,as set forth in the attached Exhibit A,Exhibit B,Exhibit C,Exhibit D and Exhibit E. ORDINANCE NO. 2007-25 2 4. The Board hereby approves the CEQA Notice of Exemption for this Ordinance and directs the Redevelopment Director to file the Notice of Exemption with the County Clerk of the County of Contra Costa. 5. The Board hereby approves the Statements. SECTION III. RECORDATION. The Redevelopment Director is hereby authorized and directed to record the Statements in compliance with the provisions of Health and Safety Code Section 33373(c)and Government Code Section 27295.The Clerk of the Board is hereby directed to file a copy of the Ordinance,the CEQA Notice of Exemption and the Statements with the minutes of this meeting,and with the Agency. SECTION IV. SEVERABILITY.If any provision, section,subsection,subdivision,sentence,clause or phrase of the Ordinance 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. SECTION V. EFFECTIVE DATE.This Ordinance becomes effective 30 days after passage,and within 15 days after passage shall be published once with the names of the Supervisors voting for and against it in the Contra County Times,a newspaper of general circulation printed and published and circulated in the County of Contra Costa. PASSED on 2007,by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: JOHN CULLEN, Clerk of the Board and County Administrator Board Chair By: [SEAL] Deputy ORDINANCE NO. 2007-25 3 PROPERTY ACQUISITION PROGRAM FOR THE RODEO REDEVELOPMENT PROJECT AREA EXHIBIT A Except as specifically exempted herein,the Contra Costa County Redevelopment Agency(the"Agency") may,but is not required to,acquire or obtain options to acquire.all real property located in the Rodeo Redevelopment Project Area(the 'Project Area"),by gift,devise,exchange,purchase,eminent domain or any other lawful method whatsoever. The Agency may also acquire any other interest in real property less than a fee interest. Since it is in the public interest and is necessary for the elimination of those conditions requiring redevelopment,the power of eminent domain may be employed by the Agency to acquire real property in the Project Area. The power of eminent domain will not be exercised,however, when the following exists: a. The property in question is improved with a structure and the Agency has determined that it conforms to the Redevelopment Plan for the Rodeo Redevelopment Project Area(the'Plan")and in the sole determination of the Agency: (1) The property is not needed for those specified activities outlined in the Plan, including for development by a master developer pursuant to Section VI.C. 2.of the Plan; (2) The property is not needed for the development of replacement housing for those displaced by Agency activity,if any; (3) The property is not needed for any other public improvement or facility; (4) The property is not needed to promote historical or architectural preservation; (5) The property is not needed to remove a blighting influence on surrounding properties which prevents achievement of the objectives of this Plan; (6) The property is not needed for the elimination of environmental deficiencies including among other things, inadequate circulation,access or street layout, incompatible and mixed uses, overcrowding and small parcel size;or (7) The property is not needed for the removal of impediments to land development and disposition through assembly of land into appropriately sized and shaped parcels served by improved circulation and utilities. b. The property in question is improved with a structure and, although not conforming to the Plan,the Agency has determined that the property and the structure can so conform pursuant to an owner participation agreement and that the owner is faithfully performing under the terms of the owner participation agreement;or C. The property in question is owned by a public body and that public body has not consented to the exercise of the power of eminent domain by the Agency. The Agency must commence eminent domain proceedings,with respect to any property which it intends to acquire that is within the Affected Area(as defined below) by no later than July 10,2014. This time limit for commencement of eminent domain proceedings may be extended only by amendment of the Plan. Without further amendment of this Plan,the Agency shall have no power of eminent domain in any portion of the Project Area outside of the Affected Area. As used in this Plan, "Affected Area" means the shaded area shown on the attached Attachment 1,which includes all parcels listed by Assessor Parcel Number on the attached Attachment 2,as well as certain parcels that do not have an Assessor Parcel Number and which are so identified on Attachment 1. Prior to any acquisition through eminent domain,the Agency shall adopt a resolution declaring a need to acquire any specific property and authorizing the acquisition by such method. The Agency is not authorized to acquire real property owned by public bodies which do not consent to such acquisition. The Agency is authorized,however,to acquire property devoted to a public use, if it is transferred to private ownership before the Agency completes land disposition with the Project Area. ATTACHMENT 1 N i NEW EXIMIT B TO RODEO REDEVELOPMENT PLAN RODEO REDEVELOPMENT PLAN AMENDMENT AREA SUBJECT TO EMINENT DOMAIN AUTHORITY EXTENSION BY THE REDEVELOPMENT AGENCY - � w`fi�'�'c `Y'`�-;�� '��`T�n r ieu._� a ;�rcr�,' 1✓K7 £�.-�^"^r'A,y l'F Jae ts��' � \ r �3� r� Sr�x �h j�A a.;d'fir ♦ r�f � TM'�.,+",.,'.;��-icei. r« ,��rfh '�y c.. � �\%f� �\ ' g,aa;� 3, 3r5 v xrr w� a r-cfF '{{ ''S...[ ♦ ( as Yt � xutviai / m rpif4 e- 0"NA ty.7,• ft 7"�,.�,w-'p��.an,i 2 �a t�a€„''- v� h Z�,���}�'r �,'. f. r_�__.. k �,+ i �* r�a••;t",s�`",#�^uYi'df'�E�rci x�'»v� �^wr 1i„Y '>� s 'i'n-' x .'-� af 9dtodaWeld ion, 7 7-e Area Not Subjeatto Agenoy Eminent Domain AuthorNY Area Subject to Agency Eminent Domain Authority San Pablo BayParmis wthoutMNnumbars t � -�+W ` _� 1 j-,�.-.-V, \ .� (. t,-�^t y i ,�T ifs 1 ea.tr.,w Retlevelopment Area hterstate 80 t q f `�`� I-�.y; ��" ♦ e� T r j ";i .ti ' Railroad ;��..�il�� .i•• . ma am anairoamabram ummv.iaoiduGa a asp oQrr nm crzbmm ream CONTRA awmm bs IM mamlaambbhlba.boa aw am mer Caaaembewnb em awtr baaopmaJ b.�sb acabioana aowaamrcaaaeaaaaoaaYb ab Mr,CAB at rvaarmt.n raa-b.baa ;matreaaalEa MetlR 9bram rs anhbq Lt bmatabb � �+ KA®b COSTAb�a�brratrerotln r.mere am narcnrr omawnt asa a asb tawaswu COUNTY s ATTACHMENT2 NEW EXHIBIT C TO RODEO REDEVELOPMENT PLAM ASSESSOR PARCEL NUMBERS INDICATED PARCELS IN WHICH AGENCY MAY CONTINUE TO EXERCISE EMINENT DOMAIN AFTER ADOPTION OF PLAN AMENDMENT 357020001 357042021 357052014 357140033 357171003 357020005 357042022 357052015 357140034 357171004 357020009 357042023 357052016 357140035 357171005 357020010 357043001 357052017 357140036 357171006 357020019 357043002 357081001 357140037 357171008 357020021 357044001 357081002 357140038 357171009 357020022 357044002 357081003 357140039 357171010 357020023 357044003 357081004 357140041 357171013 357020024 357044006 357081006 357140043 357171014 357020025 357044007 357081007 357140044 357171016 357020026 357044008 357081029 357140045 357171018 357041001 357044009 357081032 357151002 357171019 357041002 357044010 357081038 357151008 357171020 357041003 357044011 357091029 357151014 357172005 357041005 357044012 357101001 357151020 357172006 357041010 357044014 357101002 357151031 357181001 357041011 357044015 357101003 357151.032 357181002 357041013 357044016 357111001 357151035 357181003 357042001 357047001 357111002. 357151036 357181004 357042003 357047007 357111003 357151037 357181006 357042004 357047009 357111009 357161001 357181009 357042005 357047010 357111010 357161002 357181010 357042006 357047011 357111029 357161006 357182001 357042007 357047012 357111031 357161007 357182004 357042008 357047018 357111033 357161008 357182008 357042009 357047019 357120002 357161009 357182010- 357042010 357047020 357120003 357161010 357182011 357042011 357051002 357132008 357161013 357185001 357042012 357051003 357132009 357162028 357186002 357042013 357051004 357132011 357162029 357186004 357042014 357052001 357132012 357163010 357186005 357042015 357052002 357132013 357163016 357186008 357042016 357052003 357132014 357163017 357186012 357042017 357052004 357140010 357163029 357186013 357042018 357052006 357140011 357163030 357186014 357042019 357052007 357140016 357171001 357186015 357042020 357052008 357140032 357171002 357371001 Note: Parcels with a "*" on the map shown in Exhibit B indicate parcels in the area subject to Eminent Domain Authority by the Agency, but do not have an APN Number. EXHIBIT B PROPERTY ACQUISITION PROGRAM FOR THE CONTRA COSTA CENTRE REDEVELOPMENT PROJECT AREA The Contra Costa County Redevelopment Agency's (the "Agency")power of eminent domain within the Contra Costa Centre Redevelopment Project Area(the'Project Area") has completely expired. As a result,the Agency has no power to acquire real property in the Project Area through eminent domain. The Agency could obtain the power of eminent domain in the future with respect to any real property in the Project Area only if the Board of Supervisors were to adopt a Redevelopment Plan amendment in accordance with the procedures and requirements of the California Community Redevelopment Law for such an amendment. The Agency retains the power under the Redevelopment Plan for the Contra Costa Centre Redevelopment Project Area to acquire real property in the Project Area by voluntary means,such as gift,exchange,or sale,in which the owner of the real property being acquired by the Agency voluntarily agrees to such gift,exchange,or sale. EXHIBIT C PROPERTY ACQUISITION PROGRAM FOR THE BAY POINT REDEVELOPMENT PROJECT AREA Except as specifically exempted herein,the Contra Costa County Redevelopment Agency(the "Agency") may,but is not required to,acquire or obtain options to acquire all real property located in the Bay Point Redevelopment Project Area(the "Project Area"),by gift,devise,exchange,purchase,eminent domain or any other lawful method whatsoever. The Agency may also acquire any other interest in real property less than a fee interest. Since it is in the public interest and is necessary for the elimination of those conditions requiring redevelopment,the power of eminent domain may be employed by the Agency to acquire real property in the Project Area. The power of eminent domain will not be exercised,however,when the following exists: (a) The property in question is improved with a structure and the Agency has determined that it conforms to the Redevelopment Plan for the Bay Point Redevelopment Project Area(the'Plan")and in the sole determination of the Agency: (1) The property is not needed for those specified activities outlined in the Plan, including for development by a master developer pursuant-to Section VI.C.2. of the Plan; (2) The property is not needed for the development of replacement housing for those displaced by Agency activity,if any; (3) The property is not needed for any other public improvement or facility; (4) The property is not needed to promote historical or architectural preservation; (5) The property is not needed to remove a blighting influence on surrounding properties which prevents achievement of the objectives of this Plan; (6) The property is not needed for the elimination of environmental deficiencies including among other things, inadequate circulation,access or street layout, incompatible and mixed uses, overcrowding and small parcel size;or (7) The property is not needed for the removal of impediments to land development and disposition through assembly of land into appropriately sized and shaped parcels served by improved circulation and utilities. b. The property in question is improved with a structure and,although not conforming to the Plan,the Agency has determined that the property and the structure can so conform pursuant to an owner participation agreement and that the owner is faithfully performing under the terms of the owner participation agreement;or C. The property in question is owned by a public body and that public body has not consented to the exercise of the power of eminent domain by the Agency. The Agency must commence eminent domain proceedings with respect to any property which it intends to acquire by no later than the following: (a)December 29,2011, with respect to property included in the Project Area by Ordinance No. 87-102,dated December 29, 1987;or(b)twelve years after the date of adoption of a subsequent ordinance adding territory to the Project Area, with respect to any property added to the Project Area by such subsequent ordinance.This time limit for commencement of eminent domain proceedings may be extended only by amendment of the Plan. Prior to any acquisition through eminent domain,the Agency shall adopt a resolution declaring a need to acquire any specific property and authorizing the acquisition by such method. The Agency is not authorized to acquire real property owned by public bodies which do not consent to such acquisition. The Agency is authorized,however,to acquire property devoted to a public use, if it is transferred to private ownership before the Agency completes land disposition with the Project Area. EXHIBIT D PROPERTY ACQUISITION PROGRAM FOR THE NORTH RICHMOND REDEVELOPMENT PROJECT AREA Except as specifically exempted herein,the Contra Costa County Redevelopment Agency(the"Agency") may,but is not required to,acquire or obtain options to acquire all real property located in the North Richmond Redevelopment Project Area(the"Project Area"),by gift,devise,exchange,purchase,eminent domain or any other lawful method whatsoever. The Agency may also acquire any other interest in real property less than a fee interest. Since it is in the public interest and is necessary for the elimination of those conditions requiring redevelopment,the power of eminent domain may be employed by the Agency to acquire real property in the Project Area. The power of eminent domain will not be exercised, however, when the following exists: a. The property in question is improved with a structure and the Agency has determined that it conforms to the Redevelopment Plan for the North Richmond Redevelopment Project Area(the "Plan")and in the sole determination of the Agency: (1) The property is not needed for those specified activities outlined in the Plan, including for development by a master developer pursuant to Section VI.C.2.of the Plan; (2) The property is not needed for the development of replacement housing for those displaced by Agency activity,if any; (3) The property is not needed for any other public improvement or facility; (4) The property is not needed to promote historical or architectural preservation; (5) The property is not needed to remove a blighting influence on surrounding properties which prevents achievement of the objectives of this Plan; (6) The property is not needed for the elimination of environmental deficiencies including among other things, inadequate circulation,access or street layout,incompatible and mixed uses, overcrowding and small parcel size;or (7) The property is not needed for the removal of impediments to land development and disposition through assembly of land into appropriately sized and shaped parcels served by improved circulation and utilities. b. The property in question is improved with a structure and,although not conforming to the Plan,the Agency has determined that the property and the structure can so conform pursuant to an owner participation agreement and that the owner is faithfully performing under the terms of the owner participation agreement;or C. The property in question is owned by a public body and that public body has not consented to the exercise of the power of eminent domain by the Agency. The Agency must commence eminent domain proceedings with respect to any property which it intends to acquire by not later that the following: (a)July 14,2011, with respect to property included in the Project Area by Ordinance No. 87-50,dated July 14, 1987;or(b) twelve years after the date of adoption of a subsequent ordinance adding territory to the Project Area,with respect to any property added to the Project Area by such subsequent ordinance. This time limit for commencement of eminent domain proceedings may be extended only by amendment of the Plan. Prior to any acquisition through eminent domain,the Agency shall adopt a resolution declaring a need to acquire any specific property and authorizing the acquisition by such method. The Agency is not authorized to acquire real property owned by public bodies which do not consent to such acquisition. The Agency is authorized,however,to acquire property devoted to a public use, if it is transferred to private ownership before the Agency completes land disposition with the Project Area. 1 EXHIBIT E PROPERTY ACQUISITION PROGRAM FOR THE MONTALVIN MANOR REDEVELOPMENT PROJECT AREA Except as specifically limited herein(see paragraphs a.,b.,c and d. below regarding limitations on the Agency's eminent domain power),the Contra Costa County Redevelopment Agency(the "Agency")may,but is not required to,acquire or obtain options to acquire all real property located in the Montalvin Manor Redevelopment Project Area(the 'Project Area"),or of benefit to the Project Area,by gift,devise,exchange,purchase,eminent domain or any other lawful method whatsoever. The Agency may also acquire any other interest in real property less than a fee interest. Since it is in the public interest and is necessary for the elimination of those conditions requiring redevelopment,the power of eminent domain may be employed by the Agency to acquire real property in the Project Area or of benefit to the Project Area. The power of eminent domain shall not be exercised,however,when the conditions described in any of subdivision a.or b.or c.or d. below exist: a. The property in question contains a structure or structures occupied at the time of proposed acquisition as the residential dwelling unit of one or more persons;provided,however,that the Agency cannot exercise the power of eminent domain over a property improved with a vacant residential dwelling unit unless the dwelling unit has been vacant for at least six(6)months;or b. The property in question is owned by a public body and that public body has not consented to the exercise of the power of eminent domain by the Agency;or C. The property in question is improved with a structure and,although not conforming to the Redevelopment Plan for the Montalvin Manor Project Area(the'Plan"),the Agency has determined that the property and the structure can so conform pursuant to an owner participation agreement and that the owner is faithfully performing under the terms of the owner participation agreement;or d. The property in question is improved with a structure and,in the sole determination of the Agency,all of the.following are true: (1) The property is not needed for those specific activities outlined in the Plan, including for development by a master developer pursuant to Section C.2 of the Plan;and (2) The property is not needed for the development of replacement housing for those displaced by Agency activity,if any;and (3) The property is not needed for any other public improvement or facility; and (4) The property is not needed to promote historical or architectural preservation; and (5) The property is not needed to remove a blighting influence on surrounding properties which prevents achievement of the objectives of this Plan;and (6) The property is not needed for the elimination of environmental deficiencies including among other things,inadequate circulation,access or street layout,incompatible and mixed uses, overcrowding and small parcel size; and (7) The property is not needed for the removal of impediments to land development and disposition through assembly of land into appropriately sized and shaped parcels served by improved circulation and utilities. Notwithstanding the foregoing limitations,the Agency may, with the prior written consent of the affected property owner,use the power of eminent domain to acquire property within the Project Area that is otherwise excluded from the exercise of the power of eminent domain. The Agency must commence eminent domain proceedings with respect to any property which it intends to acquire by July 8,2015. This time limit for commencement of eminent domain proceedings may be extended only by amendment of the Plan. The Agency may acquire property by voluntary(e.g.,non-eminent domain) means before and after the expiration of the time limit for eminent domain proceedings and prior to the expiration of the effectiveness of the Plan. Prior to any acquisition through eminent domain the Agency shall adopt a resolution declaring a need to acquire any specific property and authorizing the acquisition by such method.