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HomeMy WebLinkAboutMINUTES - 05202008 - D.2 (2) Recording Requested by and When Recorded Return to: Contra Costa County Redevelopment Agency 2530 Arnold Drive, Suite 190 Martinez, CA 94553 Attn: Redevelopment Director NO RECORDING FEE PURSUANT TO GOVERNMENT CODE SECTION 27383 ORDINANCE NO. 2008-19 AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA APPROVING AND ADOPTING THE SIXTH AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE BAY POINT REDEVELOPMENT PROJECT AREA, AND MAKING CERTAIN FINDINGS PURSUANT TO THE COMMUNITY REDEVELOPMENT LAW OF THE STATE OF CALIFORNIA The Board of Supervisors of the County of Contra Costa, State of California (the 'Board"), ordains as follows: SECTION I. Recitals and Background Information. Pursuant to the California Community Redevelopment Law (Health & Safety Code Section 33000 et seq.) (the "Redevelopment Law"), the Board adopted the Bay Point Redevelopment Plan 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, as further amended by Ordinance No. 2006-33, adopted on July 18, 2006, as further amended by Ordinance No. 2007- 25, adopted on June 5, 2007 (the "Plan"). The Plan established the Bay Point redevelopment project area(formerly known as "West Pittsburg")(the "Project Area"), within the County of Contra Costa(the "County"). Pursuant to the Community Redevelopment Law of the State of California (the 'Redevelopment Law"), the Redevelopment Agency of the County of Contra Costa (the "Agency"), has prepared and submitted to the Board for review and consideration of adoption a sixth amendment to the Plan (the "Plan Amendment") that would (1) increase the limit on the amount of bonds secured by a pledge of tax increment from the Project Area that may be outstanding at one time; and (2) increase the limit on the total amount of tax increment that the Agency may receive over the term of the Plan. A copy of the Plan Amendment is on file with the Clerk of the Board and is incorporated in this Ordinance by this reference. 320\24\556076.1 1 The Plan Amendment is necessary to provide the County, the Agency, and the community with additional financial resources to complete the program of redevelopment initiated under the Plan in order to remove remaining blighting conditions in the Project Area. The additional financial capacity will enable the Agency to promote the revitalization of the Project Area through stimulation of economic development activities; support the overall revitalization and improvement of the Project Area through a wide-range of redevelopment activities, including blight removal, building rehabilitation, public infrastructure improvement, economic development; and promote the development, rehabilitation, and preservation of affordable housing in and of benefit to the Project Area and its residents. The Project Area is situated in the County, and is more particularly described in Exhibit A and Exhibit B of the Plan Amendment. The boundaries of the Project Area are not modified by the Plan Amendment and remain the same as those established by the Plan. The Agency has made studies of the impact of the Plan Amendment 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 continued and completed pursuant to the Plan Amendment will promote the proper redevelopment of the Project Area in accordance with the goals, objectives and policies of the County of Contra Costa's General Plan (the "General Plan"), the Plan, and the Redevelopment Law. By resolution of April 22, 2008, the Planning Commission of the County(the "Planning Commission"), which is the duly designated and acting official planning body of the County, has submitted to the Board and the Agency its report and recommendation (the "Planning Commission Report") regarding the Plan Amendment in which, among other matters, it recommends adoption of the Plan Amendment, and finds that the Plan Amendment conforms to the General Plan. The Bay Point Project Area Committee, appointed by the Agency to provide input on redevelopment matters in the Project Area, including the Plan Amendment, conducted a community meeting on the Plan Amendment on May 14, 2008, and has submitted its report and recommendation in favor of adoption of the Plan Amendment. The Agency has prepared and submitted and the Board has reviewed and considered a Report to the Board on the Plan Amendment dated May 7, 2008 (the "Report"), as may be supplemented by a Supplement to the Report to the Board on the Plan Amendment (the "Report Supplement" and, together with the Report, the "Plan Amendment Report") pursuant to Section 33352 of the Redevelopment Law, a copy of which is on file with the Clerk of the Board. The Plan Amendment Report is hereby incorporated in this Ordinance by this reference. On May 20, 2008, the Board and the Agency conducted a joint public hearing on the Plan Amendment and related documents, which was duly noticed in accordance with the requirements of the Redevelopment Law. The County and Agency staff have prepared and submitted to the Planning Commission and the Board for review a Negative Declaration which has served as the documentation for 320\24\556076.1 2 review of the environmental impacts of the proposed Plan Amendment. The Negative Declaration was prepared pursuant to the California Environmental Quality Act of 1970, as amended ("CEQA"), and the Official State Guidelines as amended for the implementation of CEQA. A copy of the Negative Declaration is on file with the Clerk of the Board. The Negative Declaration is hereby incorporated in this Ordinance by this reference. The Planning Commission by Resolution on April 22, 2008 found the Negative Declaration adequate for the purposes of CEQA, and recommended adoption. Prior to introduction of this Ordinance, by resolution dated May 20, 2008, the Board and the Agency approved and adopted the Negative Declaration for use in consideration of adoption of the Plan Amendment. Prior to introduction of this Ordinance,by resolution dated May 20, 2008 (the "Amended Implementation Plan Resolution"), the Agency adopted an amended five-year implementation plan for the Project Area (the "Amended Implementation Plan") in accordance with Sections 33451.5(c)(7) and 33490 of the Redevelopment Law. SECTION II. Findings and Determinations. In accordance with Sections 33354.6(b), 33367 and 33457.1 of the Redevelopment Law, and based upon the evidence contained in the Plan Amendment, the Planning Commission Report, the Plan Amendment Report, the Negative Declaration, the Amended Implementation Plan, and other documents prepared in the Plan Amendment adoption process and on evidence presented at the public hearings of the Board, the Agency, and the Planning Commission on the Plan Amendment and related documents (collectively, the "Record"), it is hereby found and determined that: a. The above recitals and background information are true and correct. b. In connection with the initial adoption of the Plan in 1987 and based on information and analysis contained in the Report originally submitted with the Plan, the Board found and determined pursuant to Ordinance No. 87-102 that the Project Area was a blighted area, the redevelopment of which was necessary to effectuate the public purposes declared in, and the Project Area therefore qualified as an eligible area under, the Redevelopment Law. Significant blight remains in the Project Area at the time of adoption of the Plan Amendment, and such blight cannot be eliminated without the establishment of additional debt and the increase in the limitation on the number of dollars to be allocated to the Agency pursuant to the Plan Amendment. This finding is based on information and analysis set forth in the Record, with particular reference to Sections A, B, D, and E of the Plan Amendment Report, and as briefly summarized below. The Project Area continues to exhibit conditions of physical blight and economic blight recognized under current Redevelopment Law standards, as detailed in Section B of the Plan Amendment Report. The effects of the identified remaining blighting conditions are pervasive throughout the Project Area. As shown throughout Section B of the Plan Amendment Report, the Project Area suffers from buildings in which it is unsafe or unhealthy to persons to live or work such as deteriorated and dilapidated buildings and buildings with serious code violations. In addition, factors that prevent the viable use of buildings or lots are evident, such as defective and obsolete design. Economic blighting conditions such as depreciated or stagnant property values, a high 320\24\556076.1 3 business vacancy rate, and high crime rate, are equally prevalent in the Project Area. These characteristics inhibit the viability of individual affected lots and structures, as well as the economic vitality of the entire Project Area. The remaining significant blighting conditions found in the Project Area are not new, but the product of decades of social and economic struggle. The private sector has had ample opportunity to improve the area through parcel assembly or structural rehabilitation, but has not. The physical and economic conditions continue to deter private investment. Correspondingly, the projects identified in the Plan Amendment Report to eliminate remaining blighting conditions require millions of dollars of investment, and the County would not be able to apportion these resources to the Project Area without redevelopment. Section D of the Plan Amendment Report offers additional information and analysis about the historic and anticipated future inability of the private sector and government to eliminate the documented remaining blighting conditions without the continuing availability of redevelopment resources that can only be made possible through adoption and implementation of the proposed Plan Amendment. C. The time limitations and the limitations on the number of tax increment dollars to be allocated to the Agency that are contained in the Plan Amendment 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. This finding is based on information and analysis set forth in the Record, with particular reference to Sections A, B, D, and E of the Plan Amendment Report. Section A of the Plan Amendment Report sets forth a series of additional redevelopment projects and activities (the "Redevelopment Projects") that are directly linked to the elimination of the identified remaining blighting conditions in the Project Area (as documented in Section B of the Plan Amendment Report). Because the Agency is about to reach the cap on receipt of tax increment revenue under the Plan, the proposed blight-eliminating Redevelopment Projects can not be undertaken without the proposed increase in the limits (or "caps") on tax increment receipts and outstanding bonded indebtedness under the Plan Amendment. As further detailed in Sections D and E of the Plan Amendment Report, the increased caps on receipt of tax increment and issuance of bonded indebtedness will generate sufficient additional revenue to enable the Agency to undertake a significant portion of the Redevelopment Projects. d. The Plan Amendment 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 Amendment would promote the public peace,health, safety and welfare of the County and would effectuate the purposes and policy of the Redevelopment Law. This finding is based on information and analysis set forth in the Record, with particular reference to Sections A, B, C, D, E, and M of the Plan Amendment Report. e. The Plan Amendment conforms to the General Plan including,but not limited to, the Housing Element of the General Plan. This finding is based on findings, information and analysis set forth in the Record, with particular reference to Sections H, and J of the Plan Amendment Report, and the Planning Agency Report. 320\24\556076.1 4 f. The adoption and implementation of the Plan Amendment is economically sound and feasible. This finding is based on information and analysis set forth in the Record, with particular reference to Section E of the Plan Amendment Report. g. 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 Amendment may result in the temporary or permanent displacement of any occupants of housing facilities in the Project Area. This finding is based on information and analysis set forth in the Record, with particular reference to Sections F and M and Appendix B of the Plan Amendment Report. h. 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. These findings are based on information and analysis set forth in the Record, with particular reference to Sections F, M and Appendix B of the Plan Amendment Report. i. Pursuant to Section 33367(e) of the Redevelopment Law, the Board 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. This finding is based on information and analysis set forth in the Record, with particular reference to Sections F, M and Appendix B of the Plan Amendment Report. j. The Project Area contains approximately 900 acres and 1,202 contiguous parcels. The Project Area does not contain any noncontiguous areas; therefore, the finding that all noncontiguous areas of the Project Area are 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 33670, is not relevant. This finding is based on information and analysis set forth in the Record, with particular reference to Sections A and B of the Plan Amendment Report. k. 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 of which 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 pursuant to Health and Safety Code Section 33670 without other substantial justification for their inclusion. This finding is based on information and analysis more fully set forth in Sections A and B of the Plan Amendment Report. 320\24\556076.1 5 1. In order to implement and facilitate the effectuation of the Plan Amendment hereby approved and adopted, certain official action must be taken by this Board 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 other public action, and accordingly, this Board hereby: 1. pledges its cooperation in helping to implement the Plan Amendment; 2. 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 Amendment; 3. stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Plan Amendment; and 4. intends to undertake and complete any proceedings necessary to be implemented by the community under the provisions of the Plan Amendment. M. 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. This finding is based on information and analysis set forth in the Record, with particular reference to Sections A, B, D, and E of the Plan Amendment Report. As detailed in Sections B and D of the Plan Amendment Report, private sector activity and investment in the Project Area has seriously lagged activity and investment elsewhere in the vicinity of the Project Area, and the documented needs for elimination of blight far surpass the reasonably foreseeable levels of private investment, leaving redevelopment as the only viable alternative to help fill the investment shortfall to overcome the documented remaining adverse physical and economic conditions in the Project Area. n. The Plan Amendment does not alter the Agency's power of eminent domain (condemnation) set forth in the Plan. On June 5, 2007 the Agency adopted Ordinance No. 2007- 25 which contained a description of the Agency's program for the acquisition of real property using eminent domain. The Agency at that time also recorded on all properties within the Project Area a new statement of institution containing a general description of the Plan's eminent domain provisions. o. The development of the public improvements set forth in the Plan Amendment 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 Amended Implementation Plan adopted pursuant to the Amended Implementation Plan Resolution and Sections 33352(c), 33451.5(c)(7) and 33490 of the Redevelopment Law. Based on these findings, the Agency is 320\24\556076.1 6 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 Amendment, as permitted by Section 33445 of the Redevelopment Law. These findings are based on information and analysis more fully set forth in Sections A, B, C, D, and E of the Plan Amendment Report. P. The Project Area is predominantly urbanized as defined by subdivision (b) of Section 33320.1 of the Redevelopment Law. This finding was initially made in connection with adoption of Ordinance No. 87-102 adopting the Plan,based on information and analysis fully set forth in original Report that the Project Area was predominantly urbanized at the time of initial adoption of the Plan in 1987. This finding is further supported by the information and analysis fully set forth in Section B of the Plan Amendment Report documenting that the Project Area remains predominantly urbanized within the current Redevelopment Law definition. q. The implementation of the Plan Amendment will improve or alleviate the physical and economic conditions of blight in the Project Area, as described in the Plan Amendment Report. This finding is based on information and analysis set forth in the Record, with particular reference to Sections A, B, D and E of the Plan Amendment Report, and briefly summarized as follows. As detailed in Sections A and B of the Plan Amendment Report, significant blight remains in the Project Area that cannot be addressed without the additional financial and legal tools made possible by the Plan Amendment. For instance, as explained in Section E of the Plan Amendment Report, the increased cap on tax increment revenue made possible by the Plan Amendment will enable the funding of a significant portion of the Redevelopment Projects. In turn, the Redevelopment Projects are expressly designed to improve or alleviate the identified remaining physical and economic blight conditions in the manner described in Sections A, B, D and E. SECTION III. Overrulingof f Objections. All written and oral objections to the Plan Amendment are hereby overruled. SECTION IV. Approval of Plan Amendment. It is hereby found that the amendments to the Plan embodied in the Plan Amendment are necessary and desirable. The Plan, all amendments and restatements and all ordinances adopting or previously amending the Plan are hereby amended in accordance with the Plan Amendment. The Plan Amendment is hereby adopted and approved and the Plan, as amended by the Plan Amendment, is designated as the official redevelopment plan for the Project Area. The Plan Amendment, consisting of two pages and two exhibits, is incorporated in this Ordinance by reference and made a part of the Ordinance as if set out in full in the Ordinance. The Clerk of the Board of the County is hereby directed to file a copy of the Plan Amendment with the minutes of this meeting. The Agency is vested with the continuing responsibility to implement the Redevelopment Plan, as amended by the Plan Amendment. SECTION V. Severability. If any provision, section, subsection, subdivision, sentence, clause or phrase of this Ordinance or the Plan Amendment 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 Amendment. 320\24\556076.1 7 SECTION VI. Recordation. The Executive Director of the Agency is hereby directed to record the Plan Amendment and related documents in compliance with the provisions of Sections 33373 and 33456 of the Redevelopment Law and Government Code Section 27295. SECTION VII. Publication; Effectiveness. This Ordinance or a summary thereof shall be published once in the Contra Costa Times, a newspaper of general circulation printed and published in Contra Costa County and circulated in Contra Costa County, within fifteen (15) days from and after its adoption. This Ordinance shall take effect and be enforced thirty (30) days after its adoption. PASSED on May 20'h, 2008,by the following vote: AYES: NOTES: ABSENT: ABSTAIN: Board Chair ATTEST: John Cullen Clerk of the Board of Supervisors and County Administrator By: Deputy 320\24\556076.1 8