HomeMy WebLinkAboutMINUTES - 04251989 - T.2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA T. 2 r"
AS THE REDEVELOPMENT AGENCY OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 25, 1989 by the following vote:
AYES: Supervisors Powers, Fanden, Schroder, McPeak and Torlakson
NOES: None
ABSENT: None
ABSTAIN: None
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SUBJECT: Hearing on Proposed Condemnation of Real Property
Needed for Area 3 , Park Regency Project, in the
Pleasant Hill BART Station Area.
On April 18, 1989, the Board of Supervisors as the Redevelopment
Agency, continued the above hearing to this date and time.
Jim Kennedy, Director,
Redevelopment p presented the staff report
dated April 25, 1989 relative to the Resolution of Necessity. He
commented that affected property owners had been notified of this
hearing. He commented on the staff recommendation to open the
hearing, take testimony, close the hearing and order that a copy of
the staff report be filed with the Clerk of the Board and that the
Board make the required findings and adopt the Resolution of Necessity
to acquire the eleven properties through eminent domain if necessary.
The public hearing was opened and the following people appeared
to speak:
Pamela O' Shaughnessy, 11 Juana Street, Walnut Creek, presented a
letter of objection to the resolution. She commented on the reasons
for her objections including preservation of a tree on her property
and that no agreement had been reached between the Redevelopment
Agency and the developer regarding low and moderate income housing.
Ron Kilmartin, 41 Juana Court, Walnut Creek, spoke in opposition
to the resolution. He commented on issues including the offer of
compensation, replacement costs, and inflation in housing costs. He
advised that he believed that the offers from the County were totally
unacceptable.
Supervisor Torlakson requested clarification from staff as to the
method of appraisal of the properties and determination of valuations.
Mr. Kennedy clarified the issue for Mr. Torlakson and he
commented that it was not the Agency' s intent to proceed directly into
Court on any of these properties but to leave ample time to reach a
negotiated accord with property owners.
Supervisor Powers commented that the valuation issue would not be
resolved here today.
The public hearing was closed.
Supervisor McPeak requested from staff comments to the testimony
that had been given.
Mr. Kennedy responded to the issues including the tree issue at
at 11 Juana, the Disposition and Development Agreement not being
signed, and the appraisals.
Supervisor McPeak moved the approval of the staff
recommendations.
IT IS BY THE BOARD AS .THE REDEVELOPMENT AGENCY OF CONTRA COSTA
COUNTY ORDERED that Resolution No. RA 89-6 relative to the
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1 CONTRA COSTA COUNTY REDEVELOPMENT AGENCY
2
Condemnation of Property ) RESOLUTION OF NECESSITY
3 For Redevelopment Purposes ) NO. RA 89-6
Contra Costa County )
4 Redevelopment Agency ) (Code of Civ. Proc. , S 1245. 230
Walnut Creek Area ) and Health & Saf. Code,
5 Project No. 7891-6X5492 ) S 33391)
6
7 The Contra Costa County Redevelopment Agency by vote of
8 two-thirds or more of the commissioners, RESOLVES that:
9 Pursuant to Health and Safety Code section 33391, the
10 Contra Costa County Redevelopment Agency intends to acquire
11 interest in certain real property for redevelopment purposes, a
12 public improvement, within the Pleasant Hill BARTD Station
13 Redevelopment area.
14 The property to be acquired consists of 11 parcels and
15 is generally located in the Pleasant Hill BARTD Station area.
16 Said property is more particularly described in Appendix "A" ,
17 attached hereto and incorporated herein by reference.
18 On March 6, 1989 , notice of the Redevelopment Agency's
19 intention to adopt a resolution of necessity for acquisition by
20 eminent domain of the real property described in Appendix "A" was
21 sent to persons whose names appear on the last equalized County
22. Assessment Roll as owners of said property. The notice specified
23 March 21, 1989, at 11 :00 a.m. in the Board of Supervisors
24 Chambers in the Administration Building, 651 Pine Street,
25 Martinez, California, as the time and place for the hearing
26 thereon. On March 21, 1989, said hearing was continued to April
27 11, 1989, at the same time and place. On April 11, 1989, said
28
RESOLUTION NO. RA 89=6
1
1 hearing was continued to April 18, 1989, at the same time and
2 place. On April 18, 1989, said hearing was continued to April
3 25, 1989, at 2:00 p.m. at the same location.
4 The hearing was held at that time and place, and all
5 interested parties were given an opportunity to be heard. Based
6 upon the evidence presented to it, this Board finds, determines
7 and hereby declares the following:
8 1 . The public interest and necessity require the
9 proposed project; and
10 2. The proposed project is planned and located in the
11 manner which will be most compatible with the greatest public
12 good and the least private injury; and
13 3 . The property described herein is necessary for the
14 proposed project; and
15 4 . The offer required by section 7267 . 2 of the
16 Government Code was made to the owner or owners of record.
17 The County Counsel of this County, acting on behalf of
18 the Agency, and any special counsel associated by him, is hereby
19 AUTHORIZED and EMPOWERED:
20 To acquire in the Agency's name, by condemnation, the
21 title, hereinafter described in and to said real property or
22 interests therein, in accordance with the provisions of eminent
23 domain in the Code of Civil Procedure and the Constitution of
24 California: Parcels One through Eleven are to be acquired in
25 fee.
26 To prepare and prosecute in the Agency's name such
27 proceedings in the proper court as are necessary for such
28 acquisition; and
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1 To deposit the probable amount of compensation, based
2 on an appraisal, and to apply to said court for an order
3 .permitting the Agency to take immediate possession and use said
4 real property for said public uses and purposes .
5 PASSED and ADOPTED on April 25, 1989, by the following
6 vote:
7 AYES: Commissioners Powers, Fanden, Schroder, McPeak and Torlakson
8 NOES: None
9 ABSENT: None
10 ABSTAIN: None
11
12 I HEREBY CERTIFY that the foregoing resolution was duly
13 and regularly introduced, passed and adopted by the vote of two-
14 thirds or more of the Contra Costa County Redevelopment Agency,
15 at a meeting of said Agency on the date indicated.
16 Dated: April 25, 1989
17 Phil Batchelor
18 Agency Secretary
194 1
By:
20 Deputy
21 cc: Public Works Department
22 Real Property Division
Auditor-Controller
23 County Counsel (certified copy)
24
25
26
27
28 SLA:da
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COC Redevelopment Agetxy
Park Regency
APPIMIX "An
Real Property in the unincorporated area, County of Contra Costa, State
of California, described as follows:
Parcel One: lot 1, Map of Estrella Rancho, filed June 17, 1953,
in Book 50 of Maps, at page 48, Contra Costa
County Records.
A.P. No. : 148-201-001
Parcel Two: Int 2, Map of Estrella Rancho, filed June 17, 1953,
in Book 50 of Maps, at page 48, Contra Costa
County Records.
A.P. No. : 148-201-002
Parcel Three: Lot 4, Map of Estrella Rancho, filed June 17, 1953,
in Book 50 of Maps, at page 48, Contra Costa
County Records.
A.P. No. : 148-201-004
Parcel Four: Lot 7, Map of Estrella Rancho, filed June 17, 1953,
in Book 50 of Maps, at page 48, Contra Costa
County Records.
A.P. No. : 148-202-026
Parcel Five: Lot 10, Map of Estrella Rancho, filed June 17,
1953, in Book 50 of Maps, at page 48, Contra Costa
County Records.
A.P. No. : 148-202-023
Parol Six: Lot 16, Map of Estrella Rancho, filed June 17,
1953, in Book 50 of Maps, at page 48, Contra Costa
County Records.
A.P. No. : 148-202-017'
Parcel Seven: lot 17, Map of Estrella Rancho, filed June 17,
1953, in Book 50 of Maps, at page 48, Contra Costa
County Records.
A.P. No.: 148-202-016
Parcel Eight: Lot 19, Tract No. 539-2 (Estrella Rancho Unit No.
2) filed .March 12, 1954, in Book 53 of Maps, at
page 15, Contra Costa County Records.
A.P. No. : 148-202-014
Page two
Appendix "All
Parcel Nine: Lot 20, Tract No. 539-2 (Estrella Rancho Unit No.
2) filed March 12, 1954, in Book 53 of Maps, at
page 15, Contra Costa County Records.
A.P. No.: 148-202-013
Parcel Ten: lot 23, Tract No. 539-2 (Estrella Rancho Unit No.
2) filed March 12, 1954, in Book 53 of Maps, at
Page 15, Contra Costa County Records.
A.P. No.: 148-202-010
Parcel Eleven: Iot 27, Tract No. 539-2 (Estrella Rancho Unit No.
2) filed March 12, 1954, in Book 53 of Maps, at
page 15, Contra Costa County Records.
A.P. No.: 148-202-006
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