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Home My WebLink AboutMINUTES - 10222002 - C83 T0: BOARD OF SUPERVISORS f o r ,h. Centra Costa FROM: Dennis M. Barry, AICP County Community Development Director _« rt 4 DATE: October 22, 2002 SUBJECT: Somerset Affordable Homes Property Transfer: 242 Portola Drive SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) &BACKGROUND AND JUSTIFICATION RECOMMENDATIONS As the Board of Supervisors: I. ADOPT Resolution to Convey Real Property, Assessor's Parcel 203-061-031 to the Contra Costa County Redevelopment Agency. (Resolution No.20o2J674) 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. As the governing Body of the Redevelopment Agency: 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- 031, 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. CONTINUED ON ATTACHMENT: X YES SIGNATURE: } RECOMMENDATION OF COUNTY ADMINISTRATOR MMEN `.TION OF BOA COMMITTEE s APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON QC== APPROVED AS RECOMMENDED x__.OTHER VOTE OF ccmnsszomRs I HEREBY CERTIFY"THAT THIS IS A x UNANIMOUS (ABSENT ` } TRUE AND CORRECT COPY OF AN AYES: NOES ACTION TAKEN AND ENTERED ON THE: ABSENT: ABSTAIN: MINUTES OF THE • MRM AGS ON THE DATE SHOWN. Contact: Kara Douglas, 335-1253 ATTESTED O=NR 22, 2002 Orig: Community Development JOIN SWEETEN, CLERK cc: County Administrator OF THE BOARD OF SUPERVISORS County Counsel ANI} ,OUNTY ADMINISTRATOR Auditor-Controller BY 'd _ � d., _®, DEPUTY FISCAL IMPACT No General Fund or Redevelopment Agency impact. This program utilizes the Affordable Housing Special Revenue Fund(Fund 111300, Org. 1596) to acquire the properties from sellers; the properties are resold to eligible buyers. The Affordable Housing Special Revenue Fund is reimbursed net of transaction costs, BACKGROUND/REASONS FOR RECOMMENDATIONS 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 sold 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. An owner of an affordable unit in the Somerset Homes development informed the County that she wished to sell her unit. In order to preserve the affordable units, the County purchased the property. A buyer for the property has been identified. State law requires Counties to sell property at auction, unless below-market property is being sold 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 term. Redevelopment agencies are not subject 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 22,2002, and to convey the property to an eligible household at a public hearing on November 5, 2002. 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. KD IiAkdouglas\NewNBoard Ordersl2002\Snwt prop tmn.doc THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this resolution on October 22, 2002, by at lest a four-fifths vote as follows: AYES: SuPMISM UUKM, GUM, I)BJLNM, WM M 0101A NOES: �M ABSENT: ABSTAIN: RESOLUTION NO. 2002 (Gov. Code § 25365) SUBJECT: Conveyance of Real Property Assessor's Parcel 203-061-031 (1596-3540) Danville Area (CP No. 2002-66) The Board of Supervisors of Contra Costa County RESOLVES THAT: Contra Costa County acquired certain real property in the Danville area,located at 242 Portola Drive, 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 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- Redevelopment. 9 hereby certify that this is a true and correct copy of an action taken and entered on the LE O:eh minutes of the Board of-Supervisors on the C:tGrpOetaiReal prop,2002-FileskBOs&RESISR10 PORTOLA.doc date shown. Orig.Dept,: Public Works(RIP) fJGTC}Sl� 22, 2IX)2 Contact: L.Lucy Owens(313-2229) ATTESTED. cc: County Administrator jOHN SWEETEN,Clerk of the Board of Auditor-Controller Sup6rvi rs and County Administrator Assessors Office Community Development dept. B (j� Deputy Board Orders Clerk,Adm. RESOLUTION NO. 20021674 "Exhibit A's Legal Description The land referred to herein is situated in the State of California, County of Contra Costa, unincorporated area, and is described as follows: Lot 31, as shown on Subdivision 7763, filed June 3, 1993, in Book 366 of Maps at Page 4, Contra Costa County Records, Reserving unto the Grantor: 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 Assessor's Parcel No.: 203-061-031 C-:\GrpData\RealProp\2002-files\02.7\Fx ibitA-Lucy.doe LEGAL NOTICE PUBLIC HEARING CONTRA COSTA REDEVELOPMENT AGENCY NOTICE IS HEREBY GIVEN that the Contra Costa County Redevelopment Agency (the `Agency")will hold a public hearing on Tuesday November 5, 2002 at 9.30 a.m. in the Chambers of the Board of Supervisors, County Administration Building, 651 Pine Street, Martinez California. The hearing may be continued from time to time until completed. Any person desiring the opportunity to be heard will be afforded that opportunity. The purpose of this hearing is to consider approval of the sale to an eligible qualified buyer of single-family home located at 242 Portola Drive (APN 203-061-031) in Danville, California. Said property was purchased for the purpose of maintaining affordability of the homes in the Somerset.Density Bonus Program and will be resold for that program subject to a Buyer's Resale Agreement. If any person desires to challenge in court the approval or conditions of the sale of the subject property, s/he will be limited to raising only those issues that are raised at the hearing described in this notice, or in written correspondence delivered to the Agency at or prior to the hearing. The hearing will be conducted pursuant to the requirements of Section 33431 of the Health and Safety Code. A copy of the purchase and sale agreements and resale agreements are available at the offices of the Redevelopment Agency, 651 Dine Street, 5'' Floor,North Wing, Martinez California, 94553 for public inspection and copying at a cost not to exceed the cost of duplication. Further information regarding this hearing may be obtained by contacting Kara Douglas at(925) 335-1253. I I i I