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CITY COUNCIL AGENDA ITEM NO. 17

Meeting Date: May 9, 2000

Subject/Title: Second reading on Ordinance No. 632 amending Ordinances 333 and 496 and approving the amendments to the Redevelopment Plans for the Brentwood redevelopment Project and the North Brentwood Redevelopment Project

Submitted by: Jon Elam, City Manager/Agency Director

Approved by: Jon Elam, City Manager

RECOMMENDATION

Adoption of Ordinance 632 of the City of Brentwood amending Ordinance Nos. 333 and 496 and approving and adopting the amendments to the Redevelopment Plans for the Brentwood Redevelopment Project and the North Brentwood Redevelopment Project

PREVIOUS ACTION

Refer to Exhibit "5", the Certification of Certain Official Actions that have been taken by the Redevelopment Agency, City Council and Planning Commission

At the March 28, 2000 meeting, the Agency passed Resolution RA15, approving and adopting the Implementation Plan for the Brentwood Redevelopment Project and the North Brentwood Redevelopment Project

At the March 28, 2000 meeting, the Agency passed Resolution RA16 approving a negative declaration for the Amendments to the Redevelopment Plans for the Brentwood Redevelopment Project and the North Brentwood Redevelopment Project

At the April 25, 2000 meeting, the City Council passed Resolution 2066 approving the Negative Declaration for the Amendments to the Redevelopment Plans for the Brentwood Redevelopment Project and the North Brentwood Redevelopment Project

At the April 25, 2000 meeting the City Council passed Resolution 2065 responding to written objections to the Amendments to the Redevelopment Plans for the Brentwood Redevelopment Project and the North Brentwood Redevelopment Project

BACKGROUND

The Agency is proposing to amend the Redevelopment Plans for the Brentwood and North Brentwood Redevelopment Project areas by merging the two project areas. The merger will further the Agency’s efforts in eliminating blighting conditions, and to retain and expand business in the Brentwood and North Brentwood Project areas, and maximize the Agency’s financial flexibility.

Exhibit "5"

Certification of Certain Official Actions that have been taken by the Redevelopment Agency, City Council and Planning Commission

On November 9, 1999, passed RA99-05, approving the Preliminary Report to taxing entities for Amendment No. 2 to the Redevelopment Plan for the North Brentwood Redevelopment Project

On November 9, 1999, passed RA99-06, approving the Preliminary Report to taxing entities for Amendment No. 4 to the Redevelopment Plan for the Brentwood Redevelopment Project

On November 9, 1999, passed RA99-07, approval of receiving the Negative Declaration prepared for the proposed amendments to the Redevelopment Plans to the Brentwood and North Brentwood Redevelopment Projects, authorizing transmittal of the Notice of Proposed Action and the Negative Declaration to public agencies and others, and setting the public review period for the Negative Declaration

On December 14, 1999, passed RA99-09, referring the proposed Amendment No. 4 to the Redevelopment Plan for the Brentwood Redevelopment Project to the Planning Commission of the City of Brentwood for report and recommendation

On December 14, 1999, passed RA99-10, referring the proposed Amendment No. 2 to the Redevelopment Plan for the North Brentwood Redevelopment Project to the Planning Commission of the City of Brentwood for report and recommendation

At the December 20, 1999 Planning Commission meeting, Resolution 99-60 was approved making its report and recommendation on adoption of the proposed Amendment No. 2 to the Redevelopment Plan for the North Brentwood Redevelopment Project

At the December 20, 1999 Planning Commission meeting, Resolution 99-61 was approved making its report and recommendation on adoption of the proposed Amendment No. 2 to the Redevelopment Plan for the North Brentwood Redevelopment Project

On January 11, 2000, the Agency passed resolution RA-11, approving and adopting the report to the City Council on the proposed Amendment No. 4 to the Redevelopment Plan for the Brentwood Redevelopment Project and the proposed Amendment No. 2 to the Redevelopment Project, submitting said report, proposed amendments and Negative Declaration relating thereto to the City Council, and consenting to a joint public hearing on said amendments and Negative Declaration

At the January 11, 2000 City Council meeting, Resolution 2000, consented to and called a joint public hearing on the proposed amendment No. 4 to the Redevelopment Plan for the Brentwood Redevelopment Project, Proposed Amendment No. 2 to the Redevelopment Plan for the North Brentwood Redevelopment Project, and the Negative Declaration relating thereto.

On March 8, 2000, the Agency held a public information meeting regarding the Agency merger.

ORDINANCE NO.  632

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD, CALIFORNIA, AMENDING ORDINANCE NOS. 333 AND 496 AND APPROVING AND ADOPTING THE AMENDMENTS TO THE REDEVELOPMENT PLANS FOR THE BRENTWOOD REDEVELOPMENT PROJECT AND THE NORTH BRENTWOOD REDEVELOPMENT PROJECT

WHEREAS, the City Council of the City of Brentwood (the "City Council") adopted Ordinance Nos. 333 and 496 on July 13, 1982 and July 9, 1991, respectively, approving and adopting the Redevelopment Plans, as amended (collectively, the "Redevelopment Plans"), for the Brentwood Redevelopment Project and the North Brentwood Redevelopment Project (collectively, the "Projects"); and

WHEREAS, the Redevelopment Agency of the City of Brentwood (the "Agency") has been designated as the official redevelopment agency to carry out in the City of Brentwood the functions and requirements of the Community Redevelopment Law of the State of California (Health and Safety Code Section 33000 et seq.) and to implement the Redevelopment Plan; and

WHEREAS, the Agency has proposed Amendments to the Redevelopment Plans for the Projects (collectively, the "Amendments") which would (i) merge the Projects to establish one combined tax increment limit applicable to both Projects and (ii) authorize the Agency to install and construct or cause to be installed and constructed the public improvements and public utilities necessary to carry out the Redevelopment Plans; and

WHEREAS, the Planning Commission of the City of Brentwood (the "Planning Commission") has reviewed the Amendments and recommended the approval and adoption of the Amendments, together with its certification that the Amendments conform to the General Plan of the City of Brentwood; and

WHEREAS, the City Council has received from the Agency the proposed Amendments, together with the Report of the Agency and the Negative Declaration on the Amendments; and

WHEREAS, the City Council and the Agency held a joint public hearing on March 28, 2000, on adoption of the Amendments and on approval of the Negative Declaration on said Amendments, in the City Council Chambers, City Hall, 150 City Park Way, Brentwood, California; and

WHEREAS, a notice of said hearing was duly and regularly published in the Ledger Dispatch, a newspaper of general circulation in the City of Brentwood, once a week for four successive weeks prior to the date of said hearing, and a copy of said notice and affidavit of publication are on file with the City Clerk and the Agency; and

WHEREAS, copies of the notice of public hearing were mailed by first-class mail to all residents and businesses within the Project Areas; and

WHEREAS, copies of the notice of public hearing were mailed by first-class mail to the last known address of each assessee of each parcel of land in the Project Areas, as shown on the last equalized assessment roll of the County of Contra Costa; and

WHEREAS, copies of the notice of public hearing were mailed by certified mail with return receipt requested to the governing body of each taxing agency which receives taxes from property in the Project Area; and

WHEREAS, the Council has considered the Report of the Agency and the report and recommendation of the Planning Commission, the Amendments and their economic feasibility, the Negative Declaration, and provided an opportunity for all persons to be heard, and has received and considered all evidence and testimony presented for or against any and all aspects of the Amendments; and

WHEREAS, the Agency and the City Council have reviewed and considered the Negative Declaration on the Amendments, as prepared and submitted pursuant to Public Resources Code Section 15074 and Health and Safety Code Section 33352, and determined that the Amendments will not have a significant effect on the environment;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BRENTWOOD HEREBY ORDAINS AS FOLLOWS:

Section 1. The purposes and intent of the City Council with respect to the Amendments are (i) to merge the Projects to establish one combined tax increment limit applicable to both Projects and (ii) to authorize the Agency to install and construct or cause to be installed and constructed the public improvements and public utilities necessary to carry out the Redevelopment Plans.

Section 2. The City Council is satisfied that all written objections received before or at the noticed public hearing have been responded to in writing. In addition, written findings have been adopted in response to each written objection of an affected property owner or taxing entity which has been filed with the City Clerk either before or at the noticed public hearing.

Section 3. The City Council hereby finds and determines that:

a. Significant blight remains within the Project Areas and said blight cannot be eliminated without merging the Projects to establish one combined tax increment limit applicable to both Projects and authorizing the Agency to install and construct or cause to be installed and constructed the public improvements and public utilities necessary to carry out the Redevelopment Plans.

b. The Amendments will enable the Project Areas to be redeveloped in conformity with the Community Redevelopment Law and in the interests of the public peace, health, safety and welfare. This finding is based upon the fact that redevelopment of the Project Areas, as contemplated by the Redevelopment Plans, as amended by the Amendments, will implement the objectives of the Community Redevelopment Law by aiding in the elimination and correction of the conditions of blight and deterioration in the Project Areas; providing for planning, development, redesign, clearance, reconstruction or rehabilitation of properties which need improvement; providing affordable housing, including housing for low- and moderate-income persons; providing additional employment opportunities; and providing for higher economic utilization of potentially useful land.

c. The adoption and carrying out of the Amendments is economically sound and feasible. This finding is based upon the fact that under the Redevelopment Plans, as proposed to be amended, the Agency will be authorized to seek and utilize a variety of potential financing resources, including tax increments; that the nature and timing of public redevelopment assistance will depend on the amount and availability of such financing resources, including tax increments generated by new investment in the Project Areas; and that under the Redevelopment Plans, as proposed to be amended, no public redevelopment activity will be undertaken unless the Agency can demonstrate that it has adequate revenue to finance the activity.

d. The Amendments conform to the General Plan of the City of Brentwood, including, but not limited to, the community’s housing element, which 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. This finding is based on the report of the Planning Commission that the Amendments conform to the General Plan of the City of Brentwood.

e. The carrying out of the Amendments will promote the public peace, health, safety and welfare of the City of Brentwood and will effectuate the purposes and policies of the Community Redevelopment Law. This finding is based upon the fact that redevelopment, as contemplated by the Redevelopment Plans, as amended by the Amendments, will benefit the Project Areas by correcting conditions of blight and by coordinating public and private actions to stimulate development and improve the economic, social and physical conditions of the Project Areas.

f. The elimination of blight and the redevelopment of the Project Areas cannot be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. This finding is based upon the continued existence of blighting influences, including the lack of adequate public improvements, and the inability of individual developers to economically remove these blighting influences without public assistance to acquire and assemble sites for development, and the provisions of public improvements, facilities and utilities, the inability of low- and moderate-income persons to finance needed improvements, and the inadequacy of other governmental programs and financing mechanisms to eliminate blight, including the provision of necessary public improvements and facilities.

g. The time limitations and the limitations on the number of dollars to be allocated to the Agency that are contained in the Redevelopment Plans, as amended by the Amendments, are reasonably related to the proposed projects to be implemented in the Project Areas and to the ability of the Agency to eliminate blight within the Project Areas.

Section 4. The Redevelopment Plans for the Brentwood Redevelopment Project and the North Brentwood Redevelopment Project, as adopted by Ordinance Nos. 333 and 496, respectively, are hereby amended as set forth in the proposed "Amendment to the Redevelopment Plan for the Brentwood Redevelopment Project" and "Amendment to the Redevelopment Plan for the North Brentwood Redevelopment Project" attached hereto as Exhibits A and B, respectively, and incorporated herein. As so amended, the Redevelopment Plans are hereby incorporated by reference herein and designated as the official Redevelopment Plans for the Brentwood Redevelopment Project and the North Brentwood Redevelopment Project.

The Executive Director of the Agency is hereby authorized to combine the Redevelopment Plans, as amended by the respective Amendments, into single documents, and said documents, when filed with the City Clerk and the Secretary of the Agency, shall constitute the official Redevelopment Plans in place of the documents currently constituting said Redevelopment Plans.

Section 5. In order to implement and facilitate the effectuation of the Amendments hereby approved, it may be necessary for the City Council to take certain actions, and accordingly, this City Council hereby (a) pledges its cooperation in helping to carry out the Amendments; (b) requests the various officials, departments, boards and agencies of the City having administrative responsibilities in the Project Areas likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with the redevelopment of the Project Areas pursuant to the Amendments; (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Amendments; and (d) declares its intention to undertake and complete any proceedings necessary to be carried out by the City under the provisions of the Amendments.

Section 6. Ordinance Nos. 333 and 496 are continued in full force and effect as amended by this Ordinance.

Section 7. The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency, whereupon the Agency is vested with the responsibility for carrying out the Redevelopment Plans as amended by the Amendments.

Section 8. The City Clerk is hereby directed to record with the County Recorder of Contra Costa County a notice of the approval and adoption of the Amendments pursuant to this Ordinance containing a statement that proceedings for the redevelopment of the Project Areas pursuant to the Amendments have been instituted under the California Community Redevelopment Law.

Section 9. The City Clerk is hereby directed to transmit a copy of this Ordinance Amending the Redevelopment Plans to the auditor, assessor and tax collector of the County of Contra Costa, to the governing body of each of the taxing agencies which levies taxes upon any property in the Project Areas and to the State Board of Equalization.

Section 10. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its passage.

Section 11. Publication. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance and to cause the same to be published once in the Ledger Dispatch, a newspaper of general circulation, published and circulated in the City of Brentwood, California.

Section 12. Severability. If any part of this Ordinance, or the Amendments which it approves, is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance or of the Amendments, and this City Council hereby declares that it would have passed the remainder of the Ordinance, or approved the remainder of the Amendments, if such invalid portion thereof had been deleted.

Exhibit "A"

AMENDMENT NO. 4 TO THE

REDEVELOPMENT PLAN FOR THE

BRENTWOOD REDEVELOPMENT PROJECT

The Redevelopment Plan (the "Redevelopment Plan") for the Brentwood Redevelopment Project (the "Project"), adopted on July 13, 1982, by Ordinance No. 333 and amended on November 29, 1983, by Ordinance No. 358, on December 27, 1994, by Ordinance No. 549 and on September 14, 1999, by Ordinance No. 621, is hereby further amended as follows:

I. The first paragraph of Section 318 of the Redevelopment Plan is hereby amended in its entirety to read as follows:

The Agency is authorized to install and construct, or to cause to be installed and constructed, the public improvements and public utilities (within or without the Project Area) necessary to carry out this Plan. Such public improvements and public utilities include, but are not limited to, the following: (1) over and underpasses; (2) sewers; (3) natural gas distribution systems; (4) water distribution systems; (5) police facilities; (6) parks and plazas; (7) playgrounds; (8)parking facilities; (9) landscaped areas; and (10) street improvements.

II. Two new paragraphs are added to the end of Section 502 of the Redevelopment Plan to read as follows:

Upon the effective date of the Ordinance adopting Amendment No. 4 to this Redevelopment Plan, and provided an ordinance becomes effective amending the Redevelopment Plan for the North Brentwood Redevelopment Project that includes the merger of the North Brentwood Redevelopment Project with this Project (the "North Brentwood Merger Ordinance"), the number of dollars of taxes which may be divided and allocated to the Agency pursuant to this Redevelopment Plan (the "Tax Increment Limit") for the Merged Redevelopment Project (defined below) will be the total of the combined Tax Increment Limits for this Project and the North Brentwood Redevelopment Project.

Upon the effective date of the Ordinance adopting Amendment No. 4 to this Redevelopment Plan, and provided an ordinance becomes effective amending the Redevelopment Plan for the North Brentwood Redevelopment Project that includes the merger of the North Brentwood Redevelopment Project with this Project (the "North Brentwood Merger Ordinance"), the amount of bonded indebtedness to be repaid in whole or in part from the allocation of taxes described in subdivision 2 above that can be outstanding at any one time (the "Bonded Indebtedness Limit") for the Merged Redevelopment Project will be the total of the combined Bonded Indebtedness Limits for this Project and the North Brentwood Redevelopment Project.

III. A new Section 504 is hereby added to the Redevelopment Plan to read as follows:

D. [§504] Merger

Upon the effective date of the Ordinance adopting Amendment No. 4 to this Redevelopment Plan, and provided the North Brentwood Merger Ordinance becomes effective, the Project Area is hereby merged with the North Brentwood Redevelopment Project. Upon the effective date of the ordinance adopting Amendment No. 4 and the North Brentwood Merger Ordinance, the Project and the North Brentwood Redevelopment Project may hereinafter be known and referred to as the "Merged Redevelopment Project."

Exhibit "B"

AMENDMENT NO. 2 TO THE

REDEVELOPMENT PLAN FOR THE

NORTH BRENTWOOD REDEVELOPMENT PROJECT

The Redevelopment Plan (the "Redevelopment Plan") for the North Brentwood Redevelopment Project (the "Project"), adopted on July 9, 1991, by Ordinance No. 496 and amended on December 27, 1994, by Ordinance No. 548, is hereby further amended as follows:

I. The first paragraph of Section A of Part VI of the Redevelopment Plan is hereby amended in its entirety to read as follows:

The Agency is authorized to install and construct or cause to be installed and constructed the public improvements and public utilities (within or outside the Project Area) necessary to carry out this Plan. Such public improvements include, but are not limited to, over or underpasses, bridges, streets, curbs, gutters, sidewalks, street lights, sewers, storm drains, traffic signals, electrical distribution systems, fire houses, police facilities, school facilities, community and civic centers, natural gas distribution systems, water distribution systems, buildings, parks, trail systems, off-street parking, plazas, playgrounds, landscaped areas, and undergrounding of existing utilities.

II. Two new paragraphs are added to the end of Section C of Part VII of the Redevelopment Plan to read as follows:

Upon the effective date of the Ordinance adopting Amendment No. 2 to this Redevelopment Plan, and provided an ordinance becomes effective amending the Redevelopment Plan for the Brentwood Redevelopment Project that includes the merger of the Brentwood Redevelopment Project with this Project (the "Brentwood Merger Ordinance"), the number of dollars of taxes which may be divided and allocated to the Agency pursuant to this Redevelopment Plan (the "Tax Increment Limit") for the Merged Redevelopment Project (defined below) will be the total of the combined Tax Increment Limits for this Project and the Brentwood Redevelopment Project.

Upon the effective date of the Ordinance adopting Amendment No. 2 to this Redevelopment Plan, and provided an ordinance becomes effective amending the Redevelopment Plan for the Brentwood Redevelopment Project that includes the merger of the Brentwood Redevelopment Project with this Project (the "Brentwood Merger Ordinance"), the amount of bonded indebtedness secured by a pledge of tax increments that can be outstanding at any one time (the "Bonded Indebtedness Limit") for the Merged Redevelopment Project will be the total of the combined Bonded Indebtedness Limits for this Project and the Brentwood Redevelopment Project.

III. A new Section F is hereby added to Part VII of the Redevelopment Plan to read as follows:

F. Merger

Upon the effective date of the Ordinance adopting Amendment No. 2 to this Redevelopment Plan, and provided the Brentwood Merger Ordinance becomes effective, the Project Area is hereby merged with the Brentwood Redevelopment Project. Upon the effective date of the ordinance adopting Amendment No. 2 and the Brentwood Merger Ordinance, the Project and the Brentwood Redevelopment Project may hereinafter be known and referred to as the "Merged Redevelopment Project."

City Administration
City of Brentwood City Council
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Brentwood, CA 94513
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