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HomeMy WebLinkAboutMINUTES - 11041997 - D5AB THE BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 4, 1997, by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT. None RESOLUTION NO. 97/ 609 (Government Code § 25350) SUBJECT: Consummate Purchase and Accept Grant Deed 1820 Peerless Avenue, EI Cerrito Area Assessor's Parcel No. 513-364-017 Project No. 5233 The Board of Supervisors of Contra Costa County, RESOLVES THAT: This Board on October 7, 1997, passed Resolution of Intention No. 97/511 and Notice fixing Tuesday, November 4, 1997, at 11:00 a.m. in its Chambers, County Administration Building, 651 Pine Street, Martinez, California, as the time and place where it would meet to consummate the purchase of the real property described therein from Bert Felton, Leland R. Felton and Jeanne S. Felton, said property being required for facilities purposes. Said Resolution was duly published in the West County Times in compliance with Govt. Code Section 6063. The Board hereby consummates said purchase between Bert Felton, Leland R. Felton and Jeanne S. Felton, and the County for $258,060.23 and, if necessary, $50.15 per day commencing November 5, 1997, until the close of escrow. Said Deed, dated October 15, 1997, is hereby ACCEPTED and the Real Property Division is ORDERED to have it recorded, together with a certified copy of this resolution. orig.: Public Works (R/P) contact: Karen Laws (313-2228) cc: Public Works Accounting [fi�6y oettlfy that•this Is a true and exn ert Cly of County Recorder(via R/P) sn action taken and entered on the minutes of IM Lease Management board ot,Supervisors on the date shown. ATM E0: NQxTPmhPr 4, 1(3A7 County Administrator PHIL BATCHELOR,Clark of the board County Assessor of Supervisors and County AdmintatraW KL:pe:9pl) , ec+rv'�"r^"� g:\real prop\97-11\BR 11-4a.wpd RESOLUTION NO. 97/ 609 Request to Speak Form -P ( THREE (3) MINUTE LIMIT) Complete this form and place It in the box gear the speakers' rostrum before addressing the Board. / 7, 1 am speaking for myself. �or organization: ne � �'�`�``DE`�'��./ E{ �N� (aof �-j�o� m,�) CH � . �..� 1 wish to speak on Agenda Item #_ Oat My comments will be: general _for 1 wish to speak on the subject of - _ 1 do not wish to speak but leave these comments for the Board to consider: THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA D.6-0 v r Adopted this Resolution on November 4, 1997, by at least a four-fifths vote as follows: Supervisors Rogers, Uilkema Gerber Canciamilla AYES: P g > DeSaulnier NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 97/61:0 (Gov. Code § 25365) SUBJECT: Conveyance of County Owned Excess Real Property to the EI Cerrito Redevelopment Agency Assessor's Parcel No. 513-364-017 Project No. 5233 EI Cerrito Area The Board of Supervisors of Contra Costa County RESOLVES THAT: This Board on October 21, 1997, passed Resolution No. 97/553 and Notice fixing Tuesday, November 4, 1997, at 11:00 a.m., in its Chambers, County Administration Building, Martinez, California, as the time and place when it would meet to consummate the conveyance of the real property described therein to the EI Cerrito Redevelopment Agency; said Notice was duly published in the West County Times. This Board, by the aforesaid Resolution, found that said property is no longer required for present or future County use and the sales price of$786,433.98 represents it market value. This Board previously APPROVED the Revenue Lease on December 19, 1995, between Contra Costa County and the EI Cerrito Redevelopment Agency and the conveyance of the property located on 1820 Peerless Court, EI Cerrito, to the EI Cerrito Redevelopment Agency upon payment of $786,433.98 to the County. The Board Chair is hereby AUTHORIZED to execute a Grant Deed to the EI Cerrito Redevelopment Agency on behalf of the County, and DIRECTS the Real Property Division to cause its delivery to the EI Cerrito Redevelopment Agency for acceptance and recording. KL:pe:gpp g:\realprop\97-11\BR 11-4.wpd Orig. Dept.: Public Works (R/P) t hereby cerflfy thatithisits a true and correct copy of Contact: Karen A. Laws(313-2228) on-action taken and entered on the minutes of the cc: Cour Administrator noara of s°p ovem'berdat :;noIT997' ATtESTIM. County Assessor PHIL BATCHELOR.Clerk of the board County Recorder(via R/P) of Supervisors and County Administrator Public Works Accounting r -4 A oepuy Lease Management RESOLUTION 97/ 610 1 1 Recorded at the request of: EI Cerrito Redevelopment Agency Return to: EI Cerrito Redevelopment Agency 10890 San Pablo Avenue EI Cerrito,CA 94530 Attn: Elisa Tierney Assessor's Parcel No.513-364-017 Title Co.Order No.767643 GRANT DEED For valuable consideration, receipt of which is hereby acknowledged, CONTRA COSTA COUNTY, a political subdivision of the State of California, Grants to EL CERRITO REDEVELOPMENT AGENCY, a public body, corporate and politic, a political subdivision of the State of California, the following described real property in the City of EI Cerrito, of the County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, CONTRA COSTA COUNTY Dated November 4, 1997 By Chair, Board of Supervis STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) On November 4, 1997 before me, Phil Batchelor, Clerk of the Board of Supervisors and County Administrator, Contra Costa County, personally appeared Supervisor Mark DeSaulnier I who is personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shefthey executed the same in his/her/their authorized capacity(ies), and that by his/her/- their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. By: uty Clerk KAL:gpp gArea1prop\97-10\DE3ECRA.wpd October 16,1997 a Exhibit "A" REAL PROPERTY in the City of EI Cerrito, County of Contra Costa, State of California, described as follows: CITY OF EL CERRITO Lots 8 to 20, inclusive, as shown on the Map of Gill's addition to Pullman, filed May 2, 1911, in Book 5 of Maps, Page 102, in the Office of the County Recorder of Contra Costa County, together with that portion of the southerly 1/2 of Huber Avenue, title to which would pass by a conveyance describing said Lot. EXCEPTING THEREFROM: That portion thereof lying westerly of the east line of the parcel of land described as Parcel 1 in the Deed to City of El Cerrito, recorded April 27, 1961, Book 3855, Official Records, Page 29. Assessor's Parcel No. 513-364-017 KAL:gpp g Acle Tica l\exhibits\CtyE C.wpd September 30, 1997 " TEL No . Oct 21 ,97 10 :33 No .002 P .02 Recorded at the request or, Contra Costa County Return to: Contra Costa County Public Works Department �J O Real Property Division 255 Glacier Drive Martinez, CA 94553 Attention: Karen A. Laws Assessor's Parcel No. 513-364-017 Title Co. Order No. 767643 GRANT DEED For Value Received, BERT FELTON, Trustee of the BERTRAM M. FELTON REVOCABLE TRUST, established April 22, 1985, as to an undivided 1/2 interest, and LELAND R. FELTON and JEANNE S. FELTON LIVING TRUST u/a/d September 19, 1983, as to an undivided 1/2 interest, GRANTS to CONTRA COSTA COUNTY, a political subdivision of the State of California, the following described real property in the City of EI Cerrito, of the County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT**A"ATTACHED HERETO AND MADE A PART HEREOF. i GRANTOR Date /o- Bert Fel—to�rustee r E Leland R. Felton, Trustee Jeanne S. Felton, Trustee i ATTACH APPROPRIATE ACKNOWLEDGMENT KAL:9pp ` g:L6a1prcj;JW-9V')F 15RT.wpd I £epten%bw 3D,1997 • TEL No . Oct 21 .97 10 :33 No .002 P .03 10/14/94 TUE 19:41 PAS 614 a15 M3CCC PUBLIC WOM ►042 Itecprded at the request oT: Contra Costa County Retum to: Contra Costa County Public Works Department Real Property Division 255 Glacier oche Martinez,GA 84559 Attention: Karen A. Laws Assessor's Parcel No.513-364017 Title Co. Order No. 767643 GRAN' DEED For Value Received, BERT FELTON,Trustee of the BERTRAM M. FELTON REVOCABLE TRUST, established April 22, 1986, as to an undivided 112 interest, and LELAND R. FELTON and JEANNE S. FELTON LIVING TRUST ula/d September 19, 1983, as to an undivided 12 interest, GRANT$ to CONTRA COSTA COUNTY, a polltical subdivision of the State of California, the following described real property in the Citic of El Cerrito, of the County of Contra Costa,State of California, FOR DE$CRIPY10N SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF. GRANTOR i Bert F ton, Trustee j le and K. Fe ton,T see i anne S. Felton,Trustee I ATTACH APPROPRIATE ACKNOWLEDGMENT p:kea�xq�97�Df10�t"r.wpe 8vpw»Da X0,1297 I i i TEL No . Oct 21 ,97 10 : 33 No .002 P .04 I STATE OF cALIFQ�IA ) SS. COUNTY OF Sen rAA4 Po On 0L+ t yl 1 R before me, a Notary Public In and for sald County and State,personally appeared �J personally4ele"VI IV 11M,(or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) is/are subscribed to the within Instrument and acknowledged to me that hefsbe/they executed the same In bds�hst%/thelr authorized capacity(les),and that by hle�/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. a SUSIE BUT-TERFIELD COMM.#100787'0 N -,f;, A-d NOTARY PUBLIC-CALIFORNIA m SI ure of Nota 3: "' SAN MATEO COUNTY My C;ommisslon Expires October W.19 M97 L9 STATE OF CALIFORNIA J ) SS. COUNTY OF J On before me, a Notary Public in and for said County and State,personally appeared personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s) whose name(s) Is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their slgnature(s) on the Instrument the person(s), or the entity upon behalf of which the parson(s) acted,executed the Instrument. WITNESS my hand and official seal. Signature of Notary EXTNarl -M/25/O6*k TEL No . Oct 21 97 10 :33 No .002 P .05 STATE F CALIF K A )ss. COUNTY UA'S before me,�� �-�- �= personally appeared PersarfeHy-40,newn-te-rie (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person($) or the entity upon behalf�/of which the persons) acted, executed the instrument. fTNESS y tend and offici ,ss BARBARA J.MC CORKLE COMM. #i 1055399 Signature ? c. [_. U —ar } ° NOTARY PUBLIC•CALIFORNIA 0 SONOMACOUNTY My Comm.Espkos June 30.1999 1 RIP i (This area for urrivibi nolatlal seal) Title of Document: Date of Document: /Li r.a ' No. of Pages: Other signatures not acknowledged: i 3D0$(SM){1l94)(Generel) First American Title Insurance Company i " TEL No . Oct 21 ,97 10 :33 No .002. P .06 r Exhibit "A" i REAL PROPERTY in the City of EI Cerrito, County of Contra Costa, State of California, described as follows: CITY OF EL CERRITO Lots 8 to 20, inclusive, as shown on the Map of Gill's addition to Pullman, filed May 2, 1911, in Book 5 of Maps, Page 102, in the Office of the County Recorder of Contra Costa County, together with that portion of the southerly 112 of Huber Avenue, title to which would pass by a conveyance describing said Lot. EXCEPTING THEREFROM: That portion thereof lying westerly of the east line of the parcel of land described as Parcel 1 in the Deed to City of EI Cerrito, recorded April 27, 1961, Book 3855, Official Records, Page 29. Assessor's Parcel No. 513-364-017 i i i I KAL:gpp g:laleriea 1lexhiblt$\CtyEC.wpd September 30, 1997 I i I � .S William L. Nelson Peter Loubal Environmental Marketing Group 5502 Morris Ave. 1926 Contra Costa Blvd., Ste. 176 El Cerrito Pleasant Hill, CA,94523-3034 Califor'rlia 94530 Ph: (510) 9;12-4943 Pb: (510)733-8027 November 4, 1997 Board of Supervisors, Contra Costa County 651 Pune Street Martinez, California 94553 RE: BOS Meeting of November 4, 1997, Item D.5 Sale and Transfer of County Interest in 1820 Peerless Avenue, EI Cerrito, to tite City of El Cerrito and its Redevelopment Agency, and Third Parties. Honorable Supervisors: We the undersigned request you defer action on the referenced property disposition until such time as an impartial third-party review has been made of the valuation of the referenced property, and the circumstances related to decisions of the El Cerrito Redevelopment Agency (ECRDA) regarding same. Such impartial review should include fair-market appraisal of the referenced property and adjacent parcels comprising the"Uel Norte Marketplace"(DNMP) development sponsored by the ECRDA. The ECRDA's governors and the El Cerrito City Council have not exercised reasonable fiduciary duties in their actions and the disposition of the ANMD proposal, and related property transactions of public and private lands. The appraisal basis on which the proposed package of transactions is planned for later this week, is defective. Among other things, the ECRDA's holding costs for the properties have not been properly accounted. The appraisal itself is too dated to be used as a basis. The ECRDA's failure to maintain reasonable fiduciary standards its the assernblage and disposition of the DNMP parcels has had a.negative impact on the valuation of the County interests in 1820 Peerless Avenue. We believe the ECRDA improperly devalued the County property in question when its valuation was set in 1992, and sought to diminish or eliminate the provision of social services in West County in its approach to referenced property disposition. Apparently no effort was made to include County offices in a redevelopment plan. The appraisal being used as a basis for ECRDA proposed transactions erroneously maintains that a strip shopping center is the highest and best use of the proposed DNMP property in making a reuse evaluation. The consensus of residents of tine community who have met on this question, in private and public weetings including a focused task force, is that this is not so. The highest and best use must be related to the area's fundamental f r r EUS Item D.5 - El Cerrito RDA r November 4, 1997 Page 2 of 2 character as a public transit crossroads for Northwest Contra Costa County, and the drawing of a well .integrated masterplan that fully utilizes flus aspect. Many citizens working for orderly development, have sought to have the City engage in a revision of its General.Plan before committing Del Norte area developments to an unwise and financially imprudent course. El Cerrito currently does not have a viable General Plan, and is operating under an interim arrangement, The DNMP development does not qualify as an exception for General Planning application, and should await the revision of the General.Plat. The ECRDA is currently planning on giving over $1.5 IM of acquisition cost-value to the developer in question. We believe the developer will be further subsidized by the undervaluation of the County property. In addition, the ECRDA has holding period costs which it has;not publicly disclosed, that may result in a City public subsidy well in excess of$2.OM for the assembled properties it proposes to sell to the developer for $2.1M. The conditions of sale as proposed by the ECRDA are unacceptable to both City and County public interests. The properties in question are valuable and we are confident the County will obtain better value for its interests and holding period risk, after a reasonable planniug process has brought matters under the control and protection of an accepted General Plan. We expect this will occur in the corning months. Respectfully submitted, Peter Loubal William L. Nelson for El Cerrito Residents for the Public Transit Interest cc: El Cenito City Council EXHIBIT B Target Area#2 Del Norte B.A.R.T.Station San Pablo Avenue 32.500 A.D.T. 4 Lane with Median asp' 0 Q V� '`° .c ao a ,°Q o° z p 1Q o� i mz / ti• O. : Freeway On•, y°� a'no,y ro /c To Be Abandoned f 0__ --2201 1-80 A.D.T. A�ericy Property County Probation �//�/��/�/O/Z Property 1 Retail is the desired use ture are important for El Cernto F/a8l�ea1 <' pkpm0"a Street for this target area. The this major entrance to �\ Det None e BAST = - �°' ' right-of-way of Peerless, the City. ................................ g sn°e" "' Hill Huber, and Gill .............. .. .. Sia Pleb�nnw -" Carlson Soutar* Streets will be abandoned in order to consolidate EI Cemto si the site. Quality land- BART y��" snaaa scaping and architec-