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CITY COUNCIL AND REDEVELOPMENT AGENCY 
AGENDA ITEM NO. 1


Meeting Date: June 17, 2002

Subject/Title: Joint Public Hearing on the Proposed Amendments to the Merged Brentwood and North Brentwood Redevelopment Plans

Submitted by: Gina Rozenski, Redevelopment Analyst

Approved by: John Stevenson, City Manager and Executive Director


RECOMMENDATION 
Joint Public Hearing on the Proposed Amendments to the Merged Brentwood and North Brentwood Redevelopment Plans

a. Approve a REDEVELOPMENT AGENCY RESOLUTION, approving the Negative Declaration for the Proposed Amendments to the Merged Brentwood and North Brentwood Redevelopment Plans.

b. Approve a REDEVELOPMENT AGENCY RESOLUTION, approving the Sixth Amendments to the Redevelopment Plan for the Brentwood Redevelopment Project and the Fourth Amendments to the Redevelopment Plan for the North Brentwood Redevelopment Project.

c. Approve a REDEVELOPMENT AGENCY RESOLUTION, finding that the Use of Taxes Allocated from the Added Area for the Purpose of Improving and Increasing the Community’s Supply of Low- and Moderate-Income Housing Outside the North Brentwood Redevelopment Project Area will be of Benefit to the Project.

d. Approve a CITY COUNCIL RESOLUTION, approving the Negative Declaration for the Proposed Amendments to the Merged Brentwood and North Brentwood Redevelopment Plans.

e. Approve a CITY COUNCIL RESOLUTION, finding that the Use of Taxes Allocated from the Added Area for the Purpose of Improving and Increasing the Community’s Supply of Low- and Moderate-Income Housing Outside the North Brentwood Redevelopment Project Area will be of Benefit to the Project.

f. Introduce CITY COUNCIL ORDINANCE, amending Ordinance No. 333 and Ordinance No. 496, as Previously Amended, and Approving and Adopting the Amendments to the Merged Brentwood and North Brentwood Redevelopment Plans.


PREVIOUS ACTION
On June 26, 2001, the City Council of the City of Brentwood approved and adopted Resolution No. 2322 adding area to the North Brentwood Redevelopment Survey Area.

On October 2, 2001, the Planning Commission of the City of Brentwood approved and adopted Resolution No. 01-76 amending the boundaries of the North Brentwood Redevelopment Project Area, approving Amendments to the Preliminary Plans for the Merged Brentwood and North Brentwood Redevelopment Projects, and submitting the Amendments to the Preliminary Plans to the Redevelopment Agency of the City of Brentwood for its acceptance and preparation of amendments to the official Redevelopment Plans for the Projects.

On January 22, 2002, the Redevelopment Agency approved a resolution accepting the Amendments to the Preliminary Plans for the Merged Brentwood and North Brentwood Redevelopment Project Areas, authorizing Agency staff to file information with appropriate taxing agencies and officials, and directing the amendments to the official Redevelopment Plans for the Projects be prepared.

On April 9, 2002, the Redevelopment Agency approved resolutions to adopt the Preliminary Report and refer it to the appropriate taxing entities, accepted and authorized circulation of the Draft Negative Declaration, and referred the Proposed Amendments to the Planning Commission and to the Project Area Committee for review and recommendations. 

On May 14, 2002, the Redevelopment Agency adopted a resolution to approve the Report to the City Council on the Proposed Amendments to the Merged Brentwood and North Brentwood Redevelopment Plans, submitted the Report, Proposed Amendments and Negative Declaration relating thereto to the Council, and consented to and requested the City Council to call a Joint Public Hearing on the Proposed Amendments and the Negative Declaration.

On May 14, 2002, the City Council adopted a resolution to elect to receive all the tax revenues allocated to the Agency attributable to annual assessed value increases calculated in the Proposed Added Area for the North Brentwood Redevelopment Plan and to tax rate increases imposed for the City. The City Council also adopted a resolution consenting to and calling a Joint Public Hearing on the Proposed Amendments to the Merged Brentwood and North Brentwood Redevelopment Plans and the Negative Declaration relating thereto.

BACKGROUND
The purpose of tonight’s hearing is to consider evidence and testimony for and against the adoption of the Proposed Amendments to the Merged Brentwood and North Brentwood Redevelopment Plans. Evidence will be introduced for consideration by the City Council and Agency Board in connection with the findings and determinations that must be made in the resolutions approving various supporting documents to the Proposed Amendments and in the Ordinance adopting the Proposed Amendments.

At tonight’s meeting the following exhibits certifying certain actions will be placed in evidence:

Exhibit 1 Certificate of Affidavit of Publication.
Exhibit 2 Certificate of Affidavit of Mailing Notice to Taxing Agencies.
Exhibit 3 Certificate of Mailing Notice to Businesses, Residents and Property Owners in the Existing Merged Brentwood and North Brentwood Redevelopment Areas and to Businesses, Residents and Property Owners in Proposed Added Areas, and Certificate of Mailing Notice of Statement Regarding Acquisition of Property by Condemnation to each Property Owner in the Existing Redevelopment Areas and Proposed Added Area.
Exhibit 4 Certification of Certain Official Actions in Connection with the Preparation of the Proposed Amendments to the Merged Brentwood and North Brentwood Redevelopment Plans.
Exhibit 5 Report to the City Council for the Proposed Amendments to Merged Brentwood and North Brentwood Redevelopment Plans.
Exhibit 6 Negative Declaration for the Proposed Amendments to the Merged Brentwood and North Brentwood Redevelopment Plans.
Exhibit 7 Sixth Amendment to the Brentwood Redevelopment Plan and the Fourth Amendment to the North Brentwood Redevelopment Plan.

Exhibits 1, 2, 3 and 4 are attached. Exhibits 5, 6, and 7 have been previously distributed to the Council and Agency. 

As additional evidence supporting the adoption of the Proposed Amendments, the Project Area Committee met on May 1, 2002, and considered the Proposed Amendments. The Committee voted unanimously to endorse the Proposed Amendments.

Having opened, held and closed the Joint Public Hearing of the City Council/Redevelopment Agency on the Proposed Amendments, the Council and Agency may act on the resolutions and adopt the first reading of the Ordinance so long as there are no written objections received from property owners or affected taxing entities before the start of the public hearing. If written objections are received, actions on resolutions and ordinance should be held over to the next meeting to allow time for preparation of written responses to such objections, and City/Agency consideration of the identified concerns.

FISCAL IMPACT
None.

Attachments: Exhibits 1, 2, 3 and 4
3 Redevelopment Agency Resolutions
2 Council Resolutions
1 Council Ordinance


1ARESOLUTION NO. RA -

RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF BRENTWOOD APPROVING A NEGATIVE DECLARATION FOR THE AMENDMENTS TO THE REDEVELOPMENT PLANS FOR THE MERGED BRENTWOOD AND NORTH BRENTWOOD REDEVELOPMENT PROJECTS


WHEREAS, the Redevelopment Agency of the City of Brentwood (the “Agency”) has proposed Amendments (the “Amendments” ) to the Redevelopment Plans for the Merged Brentwood and North Brentwood Redevelopment Projects (the “Projects”) which would add approximately 138 acres known as Sunset Industrial Park and extend eminent domain authority to the North Brentwood Redevelopment Project Area, and re-establish eminent domain authority in the Merged Brentwood Redevelopment Project Area; and

WHEREAS, an initial study has been made to determine whether the proposed Amendments will have a significant effect on the environment; and

WHEREAS, based on the results of the initial study, a Negative Declaration has been prepared and submitted to and considered by the Agency in connection with the proposed adoption by the City Council of an ordinance adopting the Amendments; and

WHEREAS, the Agency has reviewed, considered and determined that the Negative Declaration complies with the requirements of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.), the Guidelines for Implementation of the California Environmental Quality Act (14 Cal. Code Regs. Section 15000 et seq., hereinafter the “State CEQA Guidelines”) and local procedures adopted by the Agency pursuant thereto;

WHEREAS, on June 17, 2002, the Agency and the City Council held a joint public hearing on the proposed Amendments and the Negative Declaration, and the Agency has considered all comments and testimony received pertaining thereto;

NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF BRENTWOOD DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. The Agency has reviewed and considered the information contained in the Negative Declaration and hereby approves the Negative Declaration and certifies that the Negative Declaration has been completed in compliance with the requirements of the California Environmental Quality Act, the State CEQA Guidelines and local procedures adopted by the Agency pursuant thereto.

Section 2. Based upon the Negative Declaration and comments and testimony received pertaining thereto, the Agency hereby finds and determines that the proposed Amendments will not have a significant effect on the environment.

Section 3. The Secretary of the Agency is authorized to file a Notice of Determination with the County Clerk of the County of Contra Costa following the adoption by the City Council of an ordinance adopting the Amendments.


PASSED AND ADOPTED this 17th day of June, 2002 by the following vote:

 

1B. RESOLUTION NO. RA- 

RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF BRENTWOOD APPROVING THE AMENDMENTS TO THE REDEVELOPMENT PLANS FOR THE MERGED BRENTWOOD AND NORTH BRENTWOOD REDEVELOPMENT PROJECTS

WHEREAS, the Redevelopment Agency of the City of Brentwood (the “Agency”) has prepared and submitted to the City Council of the City of Brentwood (the “City Council”) the proposed Amendments (the “Amendments”) to the Redevelopment Plans for the Merged Brentwood and North Brentwood Redevelopment Projects (the “Projects”), a copy of which is on file at the office of the Agency and the office of the City Clerk, City Hall at 150 City Park Way, Brentwood, California, together with the Report of the Agency concerning said Amendments, which contains, among other things, the reasons for the Amendments, the report and recommendations of the Planning Commission, the relocation plan, the methods of financing, the Negative Declaration (the “Negative Declaration”) on the Amendments, the report of the county fiscal officer and analysis of same, and a neighborhood impact report; and

WHEREAS, the Planning Commission of the City of Brentwood (the “Planning Commission”) has submitted to the Agency its report and recommendations for approval of the Amendments and its certification that the Amendments conform to the General Plan for the City of Brentwood; and

WHEREAS, the City Council and the Agency held a joint public hearing on
June 17, 2002, on adoption of the Amendments in the City Council Chambers, 734 Third Street, 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 joint public hearing were mailed by first-class mail to the last known address of each assessee of land in the Project Areas as shown on the last equalized assessment roll of the County of Contra Costa; and

WHEREAS, copies of a statement concerning acquisition of property by the Agency were mailed by first-class mail to the last known address of each assessee 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 joint public hearing were mailed by first-class mail to all residents and businesses within the Project Areas; and

WHEREAS, copies of the notice of joint 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 Areas; and

WHEREAS, the Agency has reviewed and considered the Negative Declaration for the Amendments prepared and submitted pursuant to the provisions of the California Environmental Quality Act (CEQA), the State CEQA guidelines and local procedures and authorized the circulation of such Negative Declaration on April 9, 2002, by Agency Resolution No. RA-45; and

WHEREAS, the Project Area Committee has recommended approval of the Amendments; and

WHEREAS, the Agency has considered the report and recommendations of the Planning Commission on the Amendments, has provided an opportunity for all persons to be heard and has considered all evidence and testimony presented for or against any and all aspects of the Amendments;

NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF
BRENTWOOD DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. The Agency hereby approves the Amendments to the Redevelopment Plans for the Merged Brentwood and North Brentwood Redevelopment Projects, attached hereto as Exhibit A and incorporated herein by reference.

Section 2. The Secretary of the Agency is hereby directed to transmit a copy of this resolution to the City Council for its consideration in adoption of the Amendments.

PASSED AND ADOPTED this 17th day of June, 2002, by the following vote:

Attachment: Exhibit A

EXHIBIT A
SIXTH AMENDMENT TO THE
REDEVELOPMENT PLAN FOR THE 
BRENTWOOD REDEVELOPMENT PROJECT


The Redevelopment Plan for the Brentwood Redevelopment Project originally adopted July 13, 1982, by Ordinance No. 333, and amended on November 29, 1983, by Ordinance No. 358 (First Amendment), December 27, 1999 by Ordinance No. 549 (Second Amendment), September 14, 1999 by Ordinance No. 621 (Third Amendment), and May 9, 2000 by Ordinance No. 632 (Fourth Amendment), and March 12, 2002, by Ordinance No. 699 (Fifth Amendment), is hereby further amended as follows:

1. The second paragraph of Section 309 of Part III is hereby amended to read as follows:

It is in the public interest and is necessary in order to eliminate the conditions requiring redevelopment and in order to execute this Plan for the power of eminent domain to be employed by the Agency to acquire real property in the Project Area which cannot be acquired by gift, devise, exchange, purchase or any other lawful method. Eminent domain proceedings, if used, must be commenced within twelve (12) years from the date of adoption of the ordinance approving the Sixth Amendment to this Plan.

FOURTH AMENDMENT TO THE
REDEVELOPMENT PLAN FOR THE
NORTH BRENTWOOD REDEVELOPMENT PROJECT

The Redevelopment Plan for the North Brentwood Redevelopment Project originally adopted July 9, 1991, by Ordinance No. 496, and amended on December 27, 1994 by Ordinance No. 548 (First Amendment), May 9, 2000, by Ordinance No. 632 (Second Amendment), and March 12, 2002 by Ordinance No. 699 (Third Amendment), is hereby further amended as follows:

1. Add the definition of “Added Project Area” as item A of Part II, as follows:

A. “Added Project Area” means the area to be added to the Project Area by the Fourth Amendment to the Redevelopment Plan as shown on the Amended Project Area Boundary Map (Exhibit A) and described in the Amended Legal Description (Exhibit B).

2. Reletter items A through O of Part II to items B through P.

3. Add the definition of “Original Project Area” as item Q of Part II, as follows:

Q. “Original Project Area” means the portion of the Project Area so designated on the Amended Project Area Boundary Map (Exhibit A) and described in the Amended Legal Description (Exhibit B).

4. Reletter items P through U of Part II to items R through W.

5. Revise item V of Part II to item X and revise it to read as follows:

X. “Project Area” means the Original Project Area and the Added Project Area as shown on the Amended Project Area Boundary Map (Exhibit A) and described in the Amended Legal Description (Exhibit B).

6. Reletter items W through Y of Part II to items Y through AA.

7. Amend Part III to read as follows:

Attached to this Plan are (1) “Amended Project Area Boundary Map” (Exhibit A); (2) “Amended Legal Description of the Project Area” (Exhibit B); (3) “Amended City Land Use Map” (Exhibit C); and (4) “Amended County Land Use Map” (Exhibit D), which exhibits are incorporated in this Plan by this reference. The Project Area Boundaries include the Original Project Area boundaries and the Added Project Area boundaries. Former Exhibits A, B, C, and D are hereby deleted. All references in this Plan to Exhibits A, B, C or D shall mean and refer to the Amended Exhibits set forth above.

8. Item E of Part V should be amended to read as follows:

There are approximately 775 housing units in the Project Area being used as permanent residences at the time of the adoption of the Fourth Amendment to this Plan. It is anticipated that approximately 40 housing units will be removed and approximately 750 additional housing units will be developed in the Project Area during the life of this Plan. As provided in Section C.6. of this Part V, the maximum number of dwelling units in the City Portion of the Project Area shall be regulated as provided in the City General Plan and the City Zoning Ordinance, and the maximum number of dwelling units permitted in the County Portion of the Project Area shall be regulated as provided in the County General Plan and County Zoning Ordinance.

9. Add the following items to the Category entitled “Local Streets” in Item A.1. of Part VI as follows:

Almond Street
Village Drive

10. Add the following item to the Category entitled “Highways” in Item A.1. of Part VI as follows:

Brentwood Boulevard

11. Add items at the end of Item A of Part VI as follows:

5. Realign Sunset Road directly east of the intersection with Brentwood Boulevard.

6. Install roadway and infrastructure in the Sunset Industrial Park.

12. Item B.1. of Part VI is hereby amended to read as follows:

1. Acquisition of Real Property

Except as specifically limited herein, the Agency may, but is not required to, acquire, or obtain options to acquire, all real property located in 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, including, but not limited to, an easement, a leasehold, or a security 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 Agency must commence eminent domain proceedings with respect to any property which it intends to acquire in the Project Area within twelve (12) years of the date of adoption of the ordinance adopting the Fourth Amendment to the Plan. 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.

13. Delete items A., and B. of Part X and replace to read as follows:

A. Except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall be effective, and the provisions of other documents formulated pursuant to this Plan may be made effective until July 9, 2031 for the Original Project Area and until thirty (30) years from adoption of the Ordinance approving Amendment No. 4 for the Added Project Area; provided, however, that, subject to the limitations set forth in Section 502 of this Plan, the Agency may issue bonds and incur obligations pursuant to this Plan which extend beyond the applicable termination date, and in such event, this Plan shall continue in effect to the extent necessary to permit the full repayment of such bonds or other obligations. After the effectiveness of this Plan for the applicable Original Project Area or Added Project Area, the Agency shall have no authority to act pursuant to this Plan except to pay previously incurred indebtedness and to enforce existing covenants or contracts, unless the Agency has not completed its housing obligations pursuant to Section 33413 of the Community Redevelopment Law, in which case the Agency shall retain its authority to implement requirements under Section 33413 of the Community Redevelopment Law, including its ability to incur and pay indebtedness for this purpose, and shall use this authority to complete such housing obligations as soon as is reasonably possible.

14. Reletter Item C. of Part X to item B and amend it to read as follows:

The Agency shall not pay indebtedness or receive property taxes pursuant to Health and Safety Code section 33670 after July 9, 2041 for the Original Project Area and after forty-five (45) years from adoption of the Ordinance approving Amendment No. 4 for the Added Project Area.

EXHIBIT A
AMENDED PROJECT AREA BOUNDARY MAP

EXHIBIT B
AMENDED LEGAL DESCRIPTION

EXHIBIT C
AMENDED CITY LAND USE MAP


EXHIBIT D
AMENDED COUNTY LAND USE MAP

1C. RESOLUTION NO. RA- 

RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF BRENTWOOD APPROVING THE AMENDMENTS TO THE REDEVELOPMENT PLANS FOR THE MERGED BRENTWOOD AND NORTH BRENTWOOD REDEVELOPMENT PROJECTS

WHEREAS, the Redevelopment Agency of the City of Brentwood (the “Agency”) has prepared and submitted to the City Council of the City of Brentwood (the “City Council”) the proposed Amendments (the “Amendments”) to the Redevelopment Plans for the Merged Brentwood and North Brentwood Redevelopment Projects (the “Projects”), a copy of which is on file at the office of the Agency and the office of the City Clerk, City Hall at 150 City Park Way, Brentwood, California, together with the Report of the Agency concerning said Amendments, which contains, among other things, the reasons for the Amendments, the report and recommendations of the Planning Commission, the relocation plan, the methods of financing, the Negative Declaration (the “Negative Declaration”) on the Amendments, the report of the county fiscal officer and analysis of same, and a neighborhood impact report; and

WHEREAS, the Planning Commission of the City of Brentwood (the “Planning Commission”) has submitted to the Agency its report and recommendations for approval of the Amendments and its certification that the Amendments conform to the General Plan for the City of Brentwood; and

WHEREAS, the City Council and the Agency held a joint public hearing on
June 17, 2002, on adoption of the Amendments in the City Council Chambers, 734 Third Street, 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 joint public hearing were mailed by first-class mail to the last known address of each assessee of land in the Project Areas as shown on the last equalized assessment roll of the County of Contra Costa; and

WHEREAS, copies of a statement concerning acquisition of property by the Agency were mailed by first-class mail to the last known address of each assessee 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 joint public hearing were mailed by first-class mail to all residents and businesses within the Project Areas; and

WHEREAS, copies of the notice of joint 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 Areas; and

WHEREAS, the Agency has reviewed and considered the Negative Declaration for the Amendments prepared and submitted pursuant to the provisions of the California Environmental Quality Act (CEQA), the State CEQA guidelines and local procedures and authorized the circulation of such Negative Declaration on April 9, 2002, by Agency Resolution No. RA-45; and

WHEREAS, the Project Area Committee has recommended approval of the Amendments; and

WHEREAS, the Agency has considered the report and recommendations of the Planning Commission on the Amendments, has provided an opportunity for all persons to be heard and has considered all evidence and testimony presented for or against any and all aspects of the Amendments;

NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF
BRENTWOOD DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. The Agency hereby approves the Amendments to the Redevelopment Plans for the Merged Brentwood and North Brentwood Redevelopment Projects, attached hereto as Exhibit A and incorporated herein by reference.

Section 2. The Secretary of the Agency is hereby directed to transmit a copy of this resolution to the City Council for its consideration in adoption of the Amendments.

PASSED AND ADOPTED this 17th day of June, 2002, by the following vote:

Attachment: Exhibit A

EXHIBIT A

SIXTH AMENDMENT TO THE
REDEVELOPMENT PLAN FOR THE 
BRENTWOOD REDEVELOPMENT PROJECT


The Redevelopment Plan for the Brentwood Redevelopment Project originally adopted July 13, 1982, by Ordinance No. 333, and amended on November 29, 1983, by Ordinance No. 358 (First Amendment), December 27, 1999 by Ordinance No. 549 (Second Amendment), September 14, 1999 by Ordinance No. 621 (Third Amendment), and May 9, 2000 by Ordinance No. 632 (Fourth Amendment), and March 12, 2002, by Ordinance No. 699 (Fifth Amendment), is hereby further amended as follows:

1. The second paragraph of Section 309 of Part III is hereby amended to read as follows:

It is in the public interest and is necessary in order to eliminate the conditions requiring redevelopment and in order to execute this Plan for the power of eminent domain to be employed by the Agency to acquire real property in the Project Area which cannot be acquired by gift, devise, exchange, purchase or any other lawful method. Eminent domain proceedings, if used, must be commenced within twelve (12) years from the date of adoption of the ordinance approving the Sixth Amendment to this Plan.

FOURTH AMENDMENT TO THE
REDEVELOPMENT PLAN FOR THE
NORTH BRENTWOOD REDEVELOPMENT PROJECT

The Redevelopment Plan for the North Brentwood Redevelopment Project originally adopted July 9, 1991, by Ordinance No. 496, and amended on December 27, 1994 by Ordinance No. 548 (First Amendment), May 9, 2000, by Ordinance No. 632 (Second Amendment), and March 12, 2002 by Ordinance No. 699 (Third Amendment), is hereby further amended as follows:

1. Add the definition of “Added Project Area” as item A of Part II, as follows:

A. “Added Project Area” means the area to be added to the Project Area by the Fourth Amendment to the Redevelopment Plan as shown on the Amended Project Area Boundary Map (Exhibit A) and described in the Amended Legal Description (Exhibit B).

2. Reletter items A through O of Part II to items B through P.

3. Add the definition of “Original Project Area” as item Q of Part II, as follows:

Q. “Original Project Area” means the portion of the Project Area so designated on the Amended Project Area Boundary Map (Exhibit A) and described in the Amended Legal Description (Exhibit B).

4. Reletter items P through U of Part II to items R through W.

5. Revise item V of Part II to item X and revise it to read as follows:

X. “Project Area” means the Original Project Area and the Added Project Area as shown on the Amended Project Area Boundary Map (Exhibit A) and described in the Amended Legal Description (Exhibit B).

6. Reletter items W through Y of Part II to items Y through AA.

7. Amend Part III to read as follows:

Attached to this Plan are (1) “Amended Project Area Boundary Map” (Exhibit A); (2) “Amended Legal Description of the Project Area” (Exhibit B); (3) “Amended City Land Use Map” (Exhibit C); and (4) “Amended County Land Use Map” (Exhibit D), which exhibits are incorporated in this Plan by this reference. The Project Area Boundaries include the Original Project Area boundaries and the Added Project Area boundaries. Former Exhibits A, B, C, and D are hereby deleted. All references in this Plan to Exhibits A, B, C or D shall mean and refer to the Amended Exhibits set forth above.

8. Item E of Part V should be amended to read as follows:

There are approximately 775 housing units in the Project Area being used as permanent residences at the time of the adoption of the Fourth Amendment to this Plan. It is anticipated that approximately 40 housing units will be removed and approximately 750 additional housing units will be developed in the Project Area during the life of this Plan. As provided in Section C.6. of this Part V, the maximum number of dwelling units in the City Portion of the Project Area shall be regulated as provided in the City General Plan and the City Zoning Ordinance, and the maximum number of dwelling units permitted in the County Portion of the Project Area shall be regulated as provided in the County General Plan and County Zoning Ordinance.

9. Add the following items to the Category entitled “Local Streets” in Item A.1. of Part VI as follows:

Almond Street
Village Drive

10. Add the following item to the Category entitled “Highways” in Item A.1. of Part VI as follows:

Brentwood Boulevard

11. Add items at the end of Item A of Part VI as follows:

5. Realign Sunset Road directly east of the intersection with Brentwood Boulevard.

6. Install roadway and infrastructure in the Sunset Industrial Park.

12. Item B.1. of Part VI is hereby amended to read as follows:

1. Acquisition of Real Property

Except as specifically limited herein, the Agency may, but is not required to, acquire, or obtain options to acquire, all real property located in 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, including, but not limited to, an easement, a leasehold, or a security 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 Agency must commence eminent domain proceedings with respect to any property which it intends to acquire in the Project Area within twelve (12) years of the date of adoption of the ordinance adopting the Fourth Amendment to the Plan. 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.

13. Delete items A., and B. of Part X and replace to read as follows:

A. Except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall be effective, and the provisions of other documents formulated pursuant to this Plan may be made effective until July 9, 2031 for the Original Project Area and until thirty (30) years from adoption of the Ordinance approving Amendment No. 4 for the Added Project Area; provided, however, that, subject to the limitations set forth in Section 502 of this Plan, the Agency may issue bonds and incur obligations pursuant to this Plan which extend beyond the applicable termination date, and in such event, this Plan shall continue in effect to the extent necessary to permit the full repayment of such bonds or other obligations. After the effectiveness of this Plan for the applicable Original Project Area or Added Project Area, the Agency shall have no authority to act pursuant to this Plan except to pay previously incurred indebtedness and to enforce existing covenants or contracts, unless the Agency has not completed its housing obligations pursuant to Section 33413 of the Community Redevelopment Law, in which case the Agency shall retain its authority to implement requirements under Section 33413 of the Community Redevelopment Law, including its ability to incur and pay indebtedness for this purpose, and shall use this authority to complete such housing obligations as soon as is reasonably possible.

14. Reletter Item C. of Part X to item B and amend it to read as follows:

The Agency shall not pay indebtedness or receive property taxes pursuant to Health and Safety Code section 33670 after July 9, 2041 for the Original Project Area and after forty-five (45) years from adoption of the Ordinance approving Amendment No. 4 for the Added Project Area.

EXHIBIT A
AMENDED PROJECT AREA BOUNDARY MAP

EXHIBIT B
AMENDED LEGAL DESCRIPTION

EXHIBIT C
AMENDED CITY LAND USE MAP

EXHIBIT D
AMENDED COUNTY LAND USE MAP

1D. RESOLUTION NO. 

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A NEGATIVE DECLARATION FOR THE AMENDMENTS TO THE REDEVELOPMENT PLANS FOR THE MERGED BRENTWOOD AND NORTH BRENTWOOD REDEVELOPMENT PROJECTS

WHEREAS, the Redevelopment Agency of the City of Brentwood (the “Agency”) has proposed Amendments (the “Amendments”) to the Redevelopment Plans for the Merged Brentwood and North Brentwood Redevelopment Projects (the “Projects”), which would add approximately 138 acres known as Sunset Industrial Park and extend eminent domain authority to the North Brentwood Redevelopment Project Area, and re-establish eminent domain authority in the Merged Brentwood Redevelopment Project Area; and

WHEREAS, an initial study has been made to determine whether the proposed Amendment will have a significant effect on the environment; and

WHEREAS, based on the results of the initial study, the Agency has prepared a Negative Declaration, which has been submitted to and has been considered by the City Council of the City of Brentwood (the “City Council”) in connection with the proposed adoption by the City Council of an ordinance adopting the Amendments; and

WHEREAS, on June 17th 2002, the City Council and the Agency held a joint public hearing on the proposed Amendments and the Negative Declaration, and the City Council has considered all comments and testimony received pertaining thereto; and

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

Section 1. The City Council has reviewed and considered the information contained in the Negative Declaration prepared for the proposed Amendments and hereby approves the Negative Declaration.

Section 2. Based upon the initial study, the Negative Declaration and comments and testimony received pertaining thereto, the City Council hereby finds and determines that the proposed Amendments will not have a significant effect on the environment.

Section 3. The City Clerk of the City of Brentwood is authorized to file a Notice of Determination with the County Clerk of the County of Contra Costa following the adoption by the City Council of an ordinance adopting the Amendments.

PASSED AND ADOPTED this 17th day of June, 2002 by the following vote:

1E.RESOLUTION NO. 

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD FINDING THAT THE USE OF TAXES ALLOCATED FROM THE ADDED AREA OF THE PROPOSED AMENDMENT TO THE NORTH BRENTWOOD REDEVELOPMENT PROJECT FOR THE PURPOSE OF IMPROVING AND INCREASING THE COMMUNITY’S SUPPLY OF LOW- AND MODERATE-INCOME HOUSING OUTSIDE THE PROJECT AREA WILL BE OF BENEFIT TO THE PROJECT

WHEREAS, the Redevelopment Agency of the City of Brentwood (the “Agency”) has prepared a proposed Amendment to the Redevelopment Plan (the “Amendment”) for the North Brentwood Redevelopment Project (the “Project”) which would result in the allocation of taxes from that certain area proposed to be added by the Amendment (the “Added Area”) to the Agency for the purposes of redevelopment; and

WHEREAS, Section 33334.2 of the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.) requires that not less than twenty percent (20%) of all taxes so allocated be used by the Agency for the purpose of improving and increasing the community’s supply of low- and moderate-income housing available at affordable housing cost; and

WHEREAS, Section 33334.2(g) of the Health and Safety Code provides that the Agency may use such funds outside the Project Area if a finding is made by resolution of the Agency and the City Council that such use will be of benefit to the Project;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BRENTWOOD DOES HEREBY RESOLVE that the use of taxes allocated from the Added Area of the Project Area for the purpose of improving and increasing the community’s supply of low- and moderate-income housing available at affordable housing cost outside the Project Area, as proposed to be amended, will be of benefit to the Project.

PASSED AND ADOPTED this 17th day of June, 2002, by the following vote:

1F.ORDINANCE NO.

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD, AMENDING ORDINANCE NO. 333 AND ORDINANCE NO. 496, AS PREVIOUSLY AMENDED, AND APPROVING AND ADOPTING THE AMENDMENTS TO THE REDEVELOPMENT PLANS FOR THE MERGED BRENTWOOD AND NORTH BRENTWOOD REDEVELOPMENT PROJECTS

WHEREAS, the City Council of the City of Brentwood (the “City Council”) adopted Ordinance No. 333 on July 13, 1982, as amended to date, approving and adopting the Redevelopment Plan (the “Brentwood Redevelopment Plan”) for the Brentwood Redevelopment Project; and

WHEREAS, the City Council adopted Ordinance No. 496 on July 9, 1991, as amended to date, approving and adopting the Redevelopment Plan (the “North Brentwood Redevelopment Plan”) for the North Brentwood Redevelopment Project; and

WHEREAS, the City Council adopted Ordinance No. 632 on May 9, 2000, amending Ordinance Nos. 333 and 496, amending the Brentwood and North Brentwood Redevelopment Plans and approving the merger to the Redevelopment Plans for the Brentwood and North Brentwood Redevelopment 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 Plans; and

WHEREAS, the Agency has proposed Amendments to the Merged Brentwood and North Brentwood Redevelopment Plans (the “Amendments”) to provide for the addition of approximately 138 acres known as the Sunset Industrial Park (hereinafter referred to as the “Added Area”) and extend the time for exercising eminent domain authority in the North Brentwood Redevelopment Project Area, and re-establish eminent domain authority in the Brentwood Redevelopment Project Area; and

WHEREAS, a negative declaration (“Negative Declaration”) for the proposed Amendments has been prepared and approved in accordance with the provisions of the California Environmental Quality Act; 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 Amendments have been reviewed by the Project Area Committee and the Project Area Committee has recommended approval of the Amendments; 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 June 17th, 2002, on adoption of the Amendments and approval of the Negative Declaration on said Amendments, in the City Council Chambers, City Hall, 734 Third Street, 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 the last known address of each assessee of each parcel of land in the existing Project Areas and in the Added Area, as shown on the last equalized assessment roll of the County of Contra Costa; and

WHEREAS, copies of the notice of joint 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 certified mail with return receipt requested to the governing body of each taxing agency which receives taxes from property in the existing Project Area and in the Added Area; and

WHEREAS, copies of a statement concerning acquisition of property by the Agency were mailed by first-class mail to the last known address of each assessee of each parcel of land in the existing Project Areas and the Added Area, as shown on the last equalized assessment roll of the County of Contra Costa; and

WHEREAS, the Council has considered the Report of the Agency and the report and recommendation of the Project Area Committee and the Planning Commission, the Amendments and, 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;

WHEREAS, the City Council has reviewed and considered the Negative Declaration on the Amendments, as prepared and submitted pursuant to the California Environmental Quality Act (CEQA), the State CEQA Guidelines and local procedures, and determined that the Amendments will not have a significant effect on the environment;

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

Section 1. The purposes and intent of the City Council with respect to the Amendments are: (1) to contribute to and complement the overall goals and policies of the Redevelopment Plans; (2) to eliminate blighting influences and environmental deficiencies within the Project Areas such as deteriorated structures and deteriorated or inadequate public improvements, facilities or utilities; (3) to provide additional employment opportunities; and (4) to provide safe, decent, sanitary and affordable housing, including housing for persons of low and moderate income.

Section 2. The City Council finds and determines that:

A. The Amendments are necessary to provide for the addition of approximately 138 acres referred to herein as the Added Area in order to relocate non-conforming and/or incompatible businesses along Brentwood Boulevard; and

B. The inclusion of the Added Area in the North Brentwood Redevelopment Project is necessary for the effective redevelopment of the North Brentwood Project and is necessary to effectuate the public purposes declared in the Community Redevelopment Law. This finding is based on the following facts:


(1) By amending the boundaries of the North Brentwood Redevelopment Project to include the Added Area the Agency can implement the redevelopment activities necessary to improve or eliminate the blighted conditions that continue to exist in the North Brentwood Redevelopment Project.
(2) The Added Area is the only area available to the Agency to relocate existing industrial uses on Brentwood Boulevard in the North Brentwood Redevelopment Project and maintain consistency with the City’s General Plan.
(3) Other areas of the City designated for industrial uses are significantly deficient in necessary infrastructure improvements and the cost of providing such improvements would be prohibitive without assistance from the Agency.
(4) Neither public resources nor private resources acting alone or in combination can achieve the combination of costs, site preparation, land assemblage, rehabilitation, business relocation, new development and infrastructure development necessary to bring about the redevelopment of the North Brentwood Redevelopment Project without the use of the powers conferred by the Community Redevelopment Law.

C. The Amendments will enable the Added Area and the existing North Brentwood Redevelopment 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 North Brentwood Redevelopment Project Area, as contemplated by the North Brentwood Redevelopment Plan, 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 North Brentwood Redevelopment Project Area and provide 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.

D. The adoption and carrying out of the Amendments are 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 Area; 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.


E. The Amendments are consistent with 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 are consistent with the General Plan of the City of Brentwood. 

F. 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, 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.

G. The condemnation of real property within the Project Areas, as provided for in the Redevelopment Plans, is necessary to the execution of the Redevelopment Plans, and adequate provisions have been made for the payment for property to be acquired as provided by law. This finding is based upon: (1) the need to ensure that the provisions of the Redevelopment Plans will be carried out; and (2) the need to prevent the recurrence of blight.

H. The Agency has a feasible method and plan for the relocation of families and persons who may be displaced, temporarily or permanently, from housing facilities in the Project Areas. This finding is based upon the fact that the Redevelopment Plans provide for relocation assistance according to law.

I. There are, or are being provided, within the Added Area, the existing Project Areas or within other areas not generally less desirable with regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons who might be displaced from the Project Areas, 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. This finding is based upon the fact that no person or family will be required to move from any dwelling unit in the Project Areas until suitable replacement housing is available.

J. Inclusion of any lands, buildings or improvements in the Added Area which are not detrimental to the public health, safety or welfare is necessary for the effective redevelopment of the whole area of which they are a part, and any such areas included are necessary for effective redevelopment and are not included for the purpose of obtaining the allocation of tax increment revenues from such areas without other substantial justification for their inclusion. This finding is based upon the fact that the inclusion of lands, buildings or improvements within the Added Area is necessary in order to (1) eliminate underutilized, stagnant and unproductive conditions of land, deteriorated structures and inadequate or deteriorated public improvements in the North Brentwood Redevelopment Project; (2) relocate nonconforming and incompatible uses along Brentwood Boulevard (3) provide affordable housing, including housing for low- and moderate-income persons; and (4) provide employment opportunities.

K. The elimination of blight and the redevelopment of the North Brentwood Redevelopment Project could not be reasonably expected to be accomplished by private enterprise acting alone without the addition of the Added Area and the aid and assistance of the Agency. This finding is based upon the continued existence of blighting influences in the North Brentwood Redevelopment Project, 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, and the inadequacy of other governmental programs and financing mechanisms to eliminate blight, including the provision of necessary public improvements and facilities.

L. The Amendments will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the redevelopment of the Project Areas by private enterprise.

M. The Added Area is predominantly urbanized as defined by subdivision (b) of Section 33320.1.

N. The time limitation and, the limitation on the number of dollars to be allocated to the Agency that are contained in the Amendments are reasonably related to the proposed projects to be implemented in the Added Area and to the ability of the Agency to eliminate blight within the Project Areas.

Section 3. The City Council is satisfied that permanent housing facilities will be available within three years from the time occupants of the Added Area are displaced if any, and that pending the development of such facilities, there will be available to any such displaced occupants temporary housing facilities at rents comparable to those in the City of Brentwood at the time of their displacement. No persons or families of low or moderate income shall be displaced from residences unless and until there is a suitable housing unit available and ready for occupancy by such displaced persons or families at rents comparable to those at the time of their displacement. Such housing units shall be suitable to the needs of such displaced persons or families and must be decent, safe, sanitary and otherwise standard dwellings. The Agency shall not displace any such persons or families until such housing units are available and ready for occupancy.

Section 4. The 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 5. The Redevelopment Plan for the Brentwood Redevelopment Project, as adopted by Ordinance No. 333, as amended to date, is hereby amended as set forth in the proposed “Sixth Amendment to the Redevelopment Plan for the Brentwood Redevelopment Project”, attached hereto as Exhibit A and incorporated herein and made a part hereof by reference. As so amended, the Brentwood Redevelopment Plan is hereby incorporated by reference herein and designated as the official Redevelopment Plan for the Brentwood Redevelopment Project.

Section 6. The Redevelopment Plan for the North Brentwood Redevelopment Project, as adopted by Ordinance No. 496, as amended to date, is hereby amended as set forth in the proposed “Fourth Amendment to the Redevelopment Plan for the North Brentwood Redevelopment Project”, attached hereto as Exhibit A and incorporated herein and made a part hereof by reference. As so amended, the North Brentwood Redevelopment Plan is hereby incorporated by reference herein and designated as the official Redevelopment Plan for the North Brentwood Redevelopment Project.

Section 7. The Executive Director of the Agency is hereby authorized to combine the Redevelopment Plans for the Brentwood and North Brentwood Redevelopment Projects, as amended by this Amendment, into a single document, and said document, when filed with the City Clerk and the Secretary of the Agency, shall constitute the official Redevelopment Plan.

Section 8. 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 9. Ordinance Nos. 333 and 496, as amended to date, are continued in full force and effect as amended by this Ordinance.

Section 10. 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 Merged Brentwood and North Brentwood Redevelopment Plans as amended by the Amendments.

Section 11. 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 12. The City Clerk is hereby directed to transmit a copy of this Ordinance Amending the Brentwood and North Brentwood Redevelopment Plans, a description of the land within the Added Area, and a map or plat indicating the amendments to the boundaries of the North Brentwood Project Area, 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 Area, as amended, and to the State Board of Equalization.

Section 13. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its passage.

Section 14. 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 15. Severability. If any part of this Ordinance, or the Amendments which it approves, are 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.

PASSED AND ADOPTED this 17th day of June , 2002 by the following vote:

Attachment: Exhibit A
SIXTH AMENDMENT TO THE
REDEVELOPMENT PLAN FOR THE 
BRENTWOOD REDEVELOPMENT PROJECT

The Redevelopment Plan for the Brentwood Redevelopment Project originally adopted July 13, 1982, by Ordinance No. 333, and amended on November 29, 1983, by Ordinance No. 358 (First Amendment), December 27, 1999 by Ordinance No. 549 (Second Amendment), September 14, 1999 by Ordinance No. 621 (Third Amendment), and May 9, 2000 by Ordinance No. 632 (Fourth Amendment), and March 12, 2002, by Ordinance No. 699 (Fifth Amendment), is hereby further amended as follows:

1. The second paragraph of Section 309 of Part III is hereby amended to read as follows:

It is in the public interest and is necessary in order to eliminate the conditions requiring redevelopment and in order to execute this Plan for the power of eminent domain to be employed by the Agency to acquire real property in the Project Area which cannot be acquired by gift, devise, exchange, purchase or any other lawful method. Eminent domain proceedings, if used, must be commenced within twelve (12) years from the date of adoption of the ordinance approving the Sixth Amendment to this Plan.


FOURTH AMENDMENT TO THE
REDEVELOPMENT PLAN FOR THE
NORTH BRENTWOOD REDEVELOPMENT PROJECT
The Redevelopment Plan for the North Brentwood Redevelopment Project originally adopted July 9, 1991, by Ordinance No. 496, and amended on December 27, 1994 by Ordinance No. 548 (First Amendment), May 9, 2000, by Ordinance No. 632 (Second Amendment), and March 12, 2002 by Ordinance No. 699 (Third Amendment), is hereby further amended as follows:

1. Add the definition of “Added Project Area” as item A of Part II, as follows:

A. “Added Project Area” means the area to be added to the Project Area by the Fourth Amendment to the Redevelopment Plan as shown on the Amended Project Area Boundary Map (Exhibit A) and described in the Amended Legal Description (Exhibit B).

2. Reletter items A through O of Part II to items B through P.

3. Add the definition of “Original Project Area” as item Q of Part II, as follows:

Q. “Original Project Area” means the portion of the Project Area so designated on the Amended Project Area Boundary Map (Exhibit A) and described in the Amended Legal Description (Exhibit B).

4. Reletter items P through U of Part II to items R through W.

5. Revise item V of Part II to item X and revise it to read as follows:

X. “Project Area” means the Original Project Area and the Added Project Area as shown on the Amended Project Area Boundary Map (Exhibit A) and described in the Amended Legal Description (Exhibit B).

6. Reletter items W through Y of Part II to items Y through AA.

7. Amend Part III to read as follows:

Attached to this Plan are (1) “Amended Project Area Boundary Map” (Exhibit A); (2) “Amended Legal Description of the Project Area” (Exhibit B); (3) “Amended City Land Use Map” (Exhibit C); and (4) “Amended County Land Use Map” (Exhibit D), which exhibits are incorporated in this Plan by this reference. The Project Area Boundaries include the Original Project Area boundaries and the Added Project Area boundaries. Former Exhibits A, B, C, and D are hereby deleted. All references in this Plan to Exhibits A, B, C or D shall mean and refer to the Amended Exhibits set forth above.

8. Item E of Part V should be amended to read as follows:

There are approximately 775 housing units in the Project Area being used as permanent residences at the time of the adoption of the Fourth Amendment to this Plan. It is anticipated that approximately 40 housing units will be removed and approximately 750 additional housing units will be developed in the Project Area during the life of this Plan. As provided in Section C.6. of this Part V, the maximum number of dwelling units in the City Portion of the Project Area shall be regulated as provided in the City General Plan and the City Zoning Ordinance, and the maximum number of dwelling units permitted in the County Portion of the Project Area shall be regulated as provided in the County General Plan and County Zoning Ordinance.

9. Add the following items to the Category entitled “Local Streets” in Item A.1. of Part VI as follows:

Almond Street
Village Drive

10. Add the following item to the Category entitled “Highways” in Item A.1. of Part VI as follows:

Brentwood Boulevard

11. Add items at the end of Item A of Part VI as follows:

5. Realign Sunset Road directly east of the intersection with Brentwood Boulevard.

6. Install roadway and infrastructure in the Sunset Industrial Park.

12. Item B.1. of Part VI is hereby amended to read as follows:

1. Acquisition of Real Property

Except as specifically limited herein, the Agency may, but is not required to, acquire, or obtain options to acquire, all real property located in 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, including, but not limited to, an easement, a leasehold, or a security 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 Agency must commence eminent domain proceedings with respect to any property which it intends to acquire in the Project Area within twelve (12) years of the date of adoption of the ordinance adopting the Fourth Amendment to the Plan. 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.

13. Delete items A., and B. of Part X and replace to read as follows:

A. Except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall be effective, and the provisions of other documents formulated pursuant to this Plan may be made effective until July 9, 2031 for the Original Project Area and until thirty (30) years from adoption of the Ordinance approving Amendment No. 4 for the Added Project Area; provided, however, that, subject to the limitations set forth in Section 502 of this Plan, the Agency may issue bonds and incur obligations pursuant to this Plan which extend beyond the applicable termination date, and in such event, this Plan shall continue in effect to the extent necessary to permit the full repayment of such bonds or other obligations. After the effectiveness of this Plan for the applicable Original Project Area or Added Project Area, the Agency shall have no authority to act pursuant to this Plan except to pay previously incurred indebtedness and to enforce existing covenants or contracts, unless the Agency has not completed its housing obligations pursuant to Section 33413 of the Community Redevelopment Law, in which case the Agency shall retain its authority to implement requirements under Section 33413 of the Community Redevelopment Law, including its ability to incur and pay indebtedness for this purpose, and shall use this authority to complete such housing obligations as soon as is reasonably possible.

14. Reletter Item C. of Part X to item B and amend it to read as follows:

The Agency shall not pay indebtedness or receive property taxes pursuant to Health and Safety Code section 33670 after July 9, 2041 for the Original Project Area and after forty-five (45) years from adoption of the Ordinance approving Amendment No. 4 for the Added Project Area.


EXHIBIT A
AMENDED NORTH BRENTWOOD PROJECT AREA BOUNDARY MAP

EXHIBIT B
AMENDED LEGAL DESCRIPTION FOR NORTH BRENTWOOD AND ADDED AREA

EXHIBIT C
AMENDED CITY LAND USE MAP

EXHIBIT D
AMENDED COUNTY LAND USE MAP

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov