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Home My WebLink AboutMINUTES - 10191999 - C100 ... . ..,,... ..... b, Contra TO. BOARD OF SLs'PERVISO S/REDE�IELDPMENT AGENCY :- costa a'yN � T FROM: Dennis M. Barry, AICD J Director of Community Development DATE: October 19, 1999 SUBJECT; Somerset Affordable Homes Property Transfer: 10 Coney Lane, 34 Maximo Court, 225 Portola Driv SPECIFIC REQUEST(S) ORRECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION I CQAB Eat ATI 31 As the Board of SuV ervi ors: 1. ADOPT Resolution to Convey Ileal Property, Ass§essor's Parcels 203-061-006, 203-061-053, and 213- 061-022 to the ContraCosta County Redevelopment .Agency. 2. AUTHORIZE the Director of Community Development, or his designee,' to enter into the legal documents required for the transfer of said properties to the Contra Costa County Redevelopment Agency, 3, AUTHORIZE the Deputy Director-Redevelopment, on behalf of the County, to enter into Buyer Resale Agreement with the ultimate purchasers of the said properties. s As the Governing Body of the Redevelo meat A encu: 1. AUTHORIZE the Contra.Costa County Redevelopment Agency(Agency)to accept,conveyance of the following real property from the County of Contra.Costa(County): assessor's parcels 203-061-006, 203- 061-053, and 203-061-022, 2. AUTHORIZE the Deputy Director-Redevelopment, or his designee, to enter into the legal documents required for the transfer of title of above properties from the County to the Agency pursuant to.California Health and Safety Code Section 33449. � CONTINUED1S A ° II T'T'ACIT�Ei�7°T� 7� 'Y'ES SI�1�A"TIlI2E° w RECOMMENDATION OF COSY ADMINISTRATOR _REMWNIDATIOA OF BOARD COM TT°EE APPROVE OTHER 1 SIGNATURE(S): ACTION OF BOARD ON- OC BEP, 19, 1999 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TIIUE X UNAN IMO (ABSENT1I1 3 ARID CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN:_ BOARD OF SUPERVISORS ON THE DATE SHOW-N Contact: para Douglas, 3351253 cc: County Administrator ATTESTED ocToBER 19, 1999_ County Counsel PHIL BATCHELOR,CLERK OF THE BOARD Auditor-Controller OF SUPERVISORS& COUNTY ADMINISTRATOR BATOR Community Development R �„ , DEPti l FISCAL JINIP&CT No General Fund or Redevelopment Agency impact. This program utilizes the Affordable Housing Special Revenue Fund(Fund 111300, Org. 1596)to acquire the properties frons sellers; the properties are resold to eligible buyers. The Affordable Housing Special Revenue Fund is reimbursed net of transaction costs. BACKGRO=/REASO-_.N`S FOR RECONINENDATIO S In accordance with the terms of a Development Agreement between the County and Dame Construction Company(1993), Dame agreed to provide 23 Affordable Units in the Somerset Homes development in exchange for development approvals, including a density bonus, received from the County. As required by the Agreement, the Affordable Units were scald to qualified moderate-income households at below-market prices providing a homeownership opportunity to the purchaser. Purchasers of the affordable units were required to enter into a Buyer's Purchase Agreement which provided the County with the right of first refusal to acquire, or to assign its right to acquire the unit at a predetermined price, in the event of resale. Purchasers are required to notify the County when they intend to sell their units. The purpose of the resale restriction is to provide the County with an opportunity to maintain the affordability of the unit for another moderate-income household. Three owners of affordable units its the Somerset Houses development informed the County that they wished to sell their units. In order to preserve the affordable units, the County purchased the three properties. Buyers for all three properties have been identified, State law requires Counties to sell property at auction., unless below-market property is being scald to eligible buyers. The former is not practicable to maintain affordability, and the latter requires a 30-year term of affordability which is in conflict with the Somerset program 15-year teras. Redevelopment agencies are not subiect to these requirements; therefore, in order to facilitate the timely sale of these properties to eligible households, the County wishes to transfer the properties to the Redevelopment Agency. The.Agency is scheduled to accept conveyance of the properties from the County on October 19, 1999, and to convey the properties to eligible households at a public hearing on November 2, 1999. A revised Buyer's Resale Agreement, which is the Agreement between the purchaser of the affordable unit and the County, has been prepared. The new Agreement re-,defines the program, and clarifies the roles and responsibilities of the County and: the owner in the event of resale during the term of affordability. County staff`will return to the Board of Supervisors to propose a new CountyOrdinance in conjunction with a Density Bonus Ordinance that will establish procedures for the County to sell below-market property directly to eligible households, rattier than through the.Agency. KD D:\aATkWP6o\BRDoRDRt 9991prop tran.doc THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 19, 1999 by at least a four-fifths vote as follows: AYES: SUPERVISORS GIOIA, UIL��IA, DESAUIBILER AIND WISIMMILLA NOES: �- ABSENT: G EP, ABSTAIN: NONTE RESOLUTION NO. 991 543 (Gov. Code § 25365) SUBJECT: Conveyance of Real Property Assessor's Parcels 203-061-906, 203-061-022, and 203-061-053 (1596-3540) Danville area (CR loos. 99-3, 99-9, and 99-10) The Board of Supervisors of Contra Costa County RESOLVES THAT: Contra Costa County acquired certain real property in the Danville area, located at 10 Conejo Lane, 225 Portola give and 34 Maximo Court, for the purpose of maintaining affordability of homes through the Somerset Density Bonus Program. This Board intends to convey to the Contra Costa County Redevelopment Agency said real property, described in Exhibit "A" attached hereto, in order to facilitate timely resale to eligible households. Proceeds from resale will be used to reimburse the Affordable Housing Special'Revenue Fund, the source of funding for the original purchases. This Board hereby APPROVES and AUTHORIZES the conveyance of said property to the Contra Costa County Redevelopment Agency, pursuant to Government Code Section 25365, and the Board Chair is hereby AUTHORIZED to execute a Grant Deed on behalf of the County conveying said property to the Redevelopment Agency. The Board, as the Governing Body of the Redevelopment Agency, also AUTHORIZES the Deputy Director - Redevelopment to execute, on behalf of the County, the buyers' resale agreements imposing fifteen (15) year resale restrictions on the homes at the time of their sale to existing homebuyers, pursuant to the Somerset Density Bonus Program, in substantially the form attached hereto, with modifications as are approved by the Deputy Director m Redevelopment. G:GrpData\ReaIProp'k1999-Files\ 8-9\BRI O-Somerset2.doc 1 hereby certify that this is a true and correct Copy of an action taken and entered on the or g.Dept: PdbLc Works(R/P) minutes of the Board of Supervisors on the Contact: Nancy Wenninger(313-2227) date shown. County Administrator kuditer-Contro#ier ATTESTED: OCTOBER 19, 1999 Assessor's Office PHIL BATCHELOR, Clerk of the Board of Community Deve.opment;dept. Supervisors and County Administrator. s I3y � Deputy RESOLUTION NO. 991 543 tf:\�dardr4ilf3i99C.ac�e,�mic�ttoir,Rtaairs;c.da Somerset Affordable Housing ' Contra Costa County to Contra Costa County Redevelopment Agency EXHIBIT A Ay' All that real property situated in the Mate of California, County of Contra Costa, described as follows: PARCELONE N (Fee Title) e) Let 6, as shown on Subdivision 7763, filed June 3, 1993, in Bock 366 of Mapsat Page 4, Contra Costa County Records.. Excepting therefrom: All oll, gas, casinghead gasoline and other hydrocarbon substances of any kind below a point 669 feet below the surface of the lands, together with the right to take, remove:, pass through and dispose of all said oil, gas, casinghead gasoline and other hydrocarbon and mineral substances, but without any rights whatsoever to enter upon the surface of said land or upon any part of said lands Within 509 feet from the surface thereof. APP 203-061-006 PARCEL TWO .(Fee Title) Lot 22, as shown on Subdivision 7763, filed June 3, 1993,1n Book 366 of Maps at Mage 4, Contra Costa County Records. Excepting therefrom: All oil, gas, casinghead gasoline'and other hydrocarbon substances of any kind below a point 500 feet'below the surface of the lands, together with the right to take, remove, pass through and dispose of all said oil, gas, casinghead gasoline and other hydrocarbon and mineral substances, but without any rights whatsoever to enter upon the surface of said land' or upon any part of said lands within 500 feet from the surface thereof. APN 203-061-022 RARCEL THREE E (Fee Title) Lot 136, as shorn on Subdivision 7763, filed June 3, 1993, in Book 366 of flaps at Mage 4, Contra Costa County Records. Excepting therefrom: All oil, gas, casinghead gasoline and other hydrocarbon substances of any kind below a point 500 feet below the surface of the lands, together with the right to take, remove, pass through and dispose of all said oil, gas, casinghead gasoline and ether hydrocarbon and mineral substances, but Without any rights whatsoever to eater upon the surface of said land or upon any part of said lands within 500 feet from the surface thereof. APN 203-061-053 tVW ILPWS34SHARDATA1GrpDataVRea1Prpp11999-ReslSomersetd+o-sc.doc September 29, 1999