HomeMy WebLinkAboutMINUTES - 03141995 - D.1 I'
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1 CONTRA COSTA COUNTY REDEVELOPMENT AGENCY
2 _Re: Condemnation of Property for RESOLUTION OF NECESSITY
3 Redevelopment Purposes North No. RA 95J117
Richmond Redevelopment Project (C.C.P. Sec. 1245.230)
4 Area.
5 The Board of Supervisors as governing body of the Contra Costa County
6 Redevelopment Agency, by vote of two-thirds or more of its members, RESOLVES
7 THAT:
8 Pursuant to Health and Safety Code Sections 33342 and 33391 the Contra Costa
9 County Redevelopment Agency intends to acquire certain real property for redevelopment
10 purposes, to wit, the clearance and elimination of blight, including the construction of a
11 senior housing development and related improvements, within the North Richmond
12 Redevelopment Project Area. The Board of Supervisors as governing body of Contra
13 Costa County and of the Redevelopment Agency has heretofore given approval to the
14 Redevelopment Plan for the North Richmond Redevelopment Project Area. The
15 Redevelopment Agency has also adopted a Replacement Housing Plan for the North
16 Richmond Redevelopment Project Area, pursuant to Health and Safety Code section
17 33413.5. The acquisition of the land and property hereinafter described is necessary for
18 redevelopment purposes as part of the Redevelopment Plan and the Replacement
19 Housing Plan.
20 The property to be acquired consists of one (1) parcel and is generally located in
21 the North Richmond area. The said property is more particularly described in Appendix
22 "A", attached hereto and incorporated herein by this reference.
23 On February 16, 1995, notice of the Agency's intention to adopt a resolution of
24 necessity for acquisition by eminent domain of the real property described in Appendix
25 "A" was sent to persons whose names appear on the last equalized County Assessment
26 Roll as owners of said property. The notice specified Tuesday, March 7, 1995 at 11:00
27 a.m. in the Board of Supervisors Chambers in the Administration Building, 651 Pine
28 Street, Martinez, California, as the time and place for the hearing thereon.
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1 The hearing was held at that time and place, and all interested parties were given
2 an opportunity to be heard. The matter was then continued to March 14, 1995 at 10:45
3 a.m. for final determination. Based upon the evidence presented to it, this Board finds,
4 determines and hereby declares the following:
5 1. The public interest and necessity require the proposed project; and
6 2. The proposed project is planned and located in the manner which will be most
7 compatible with the greatest public good and the least private injury; and
8 3. The property described herein is necessary for the proposed project; and
9 4. The offer required by Section 7267.2 of the Government Code was made to
lo the owner or owners of record.
11 The County Counsel of this County is and any counsel associated by him hereby
12 AUTHORIZED and EMPOWERED:
13 To acquire in the Agency's name, by condemnation, the titles, easements and
14 rights of way hereinafter described in and to said real property or interest(s) therein, in
15 accordance with the provisions for eminent domain in the Code of Civil Procedure and
16 the Constitution of California:
17 Parcel 4 is to be acquired in fee title.
18 To prepare and prosecute in the Agency's name such proceedings in the proper
19 court as are necessary for such acquisition;
20 To deposit the probable amount of compensation, based on an appraisal, and to
21 apply to said court for an order permitting the Agency to_take possession and use said
22 real property for said public uses and purposes.
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1 PASSED and ADOPTED on March 14, 1995, by the following vote:
2 AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson and Bishop
3 NOES: None
4 ABSENT: None
5 ABSTAIN: None
6 1 HEREBY CERTIFY that the foregoing resolution was duly and regularly
7 introduced, passed and adopted by the vote of two-thirds or more of the Contra
8 Costa County Redevelopment Agency at a meeting of said Board on the date indicated.
9 Dated: March 14, 1995
Phil Batchelor, Clerk of the Board of
10 Supervisors and County Administrator
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By:
12 Deputy
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cc: Public Works Department
16 Real Property Division
Auditor-Controller
17 County Counsel (certified copy)
County Administrator
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21 df14: no-rich2.ron
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Contra Costa County
Redevelopment Agency
N. Richmond Senior Housing Project
Parcel No. 4
APPENDIX "A"
The following described real property in the unincorporated area of the County of Contra
Costa, State of California,
PARCEL 4 (FONSECA):
Lot 32 in Block 71, as designated on the Map entitled, "Map of North Richmond Land and
Ferry Company Tract No. 2", which Map was filed in the Office of the Recorder of the
County of Contra Costa, State of California, on September 19, 1911, in Volume 5 of Maps,
at Page 124.
KAM:gIo
gArea1prop\temp\Exb.t3
March 13, 1995
TO: REDEVELOPMENT AGENCY r �' Contra
FROM: Phil Batchelor
'7 Costa
Executive Director J� County
l c County
DATE: March 7, 1995
SUBJECT: North Richmond Senior Housing
SPECIFIC REQUEST(S) OR RECOMMENDATIONS (S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
As relates to APN 409-070-016 (Ethan Allen/Rosemary Fonseca, owners;
site #5 on Exhibit A) :
ID ADOPT Resolution of Necessity for the Senior Housing Project;
ID FIND AND DETERMINE that:
A. The public interest and necessity require the proposed
project;
B. The project is planned and located in the manner that will
be most compatible with the greatest public good and the
least private injury;
C. The properties sought to be acquired are necessary for the
project; and
CONTINUED ON ATTACHMENT: X YES SIGNATURE :
RECOMMENDATION OF EXECUTIVE DIRECTOR REC DATION OF AGENCY COMM TEE
APPROVE OTHER
SIGNATURE (S)
ACTION OF AGENCY ON q 5 APPROVED AS RECOMMENDED OTHER
VOTE OF COMMISSIONERS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE REDEVELOPMENT
AGENCY ON THE DATE SHOWN.
Contact: Beth Lee
646-4076 ATTESTED
cc: Community Development PHIL BATCHEL6R,
County Administrators Office AGENCY SECRETARY
County Cousel
Auditor-Controller
Public Works-Real Property
Board Clerk
via Redevelopment
CHDC
Eden Housing
Alice Beasley BY DEPUTY
D. The offer of compensation required by Section 7267 .2 of the
Government Code has been made to the owner or owners of record.
ID DIRECT the Board Clerk to file a copy of this report.
FISCAL IMPACT
None. No General Funds are involved. The total project is projected to cost
approximately $5 million. Total project funding leveraged to date includes the
Redevelopment agency' s commitment of $581, 660 in the housing set-aside portion
of the North Richmond tax increment and in the Affordable Housing and Special
Revenue Fund No. 1113000 $288, 000 in County Community Development Block Grant
funds, $300, 000 in County HOME Investment Partnership Act funds, $100, 000 in the
City of Richmond Community Development Block Grant funds, and $350, 000 in the
City of Richmond HOME Investment Partnership Act funds .
BACKGROUND/REASONS FOR RECOMMENDATIONS
On March 7, 1995, the Agency held a public hearing on the proposed adoption of
a Resolution of Necessity for the acquisition by eminent domain of real property
required for the North Richmond Senior Housing project. Project background may
be obtained by referring to the March 7, 1995, Agency Order. One of the
property owners, Ethan Allen and Rosemary Fonseca (APN 409-070-016; site #5 on
Exhibit A) , appeared, and was removed from the subsequently adopted actions.
The Allen/Fonseca matter was recalandered as a Decision Item for your March 14,
1995, agenda. The following information is intended to clarify issues relative
to the Allen/Fonseca property.
On July 29, 1994, the Agency had an appraisal report prepared for the
Allen/Fonseca property. The Real Propery agent tended an offer consistent with
both the cost and sales comparison appraisal approaches. Ten (10) of the other
affected property owners have accepted the tendered offers as based on the
appraisal amounts. However, Allen/Fonseca countered with an offer which was 259%
higher than the appraisal amount. The owners justified the increase by stating
there were both institutional and private personal loans well in excess of the
original offer, which was not substantiated by the June 7, 1994, preliminary
title report. The property owner was asked to supply documentation relative to
the loans .
The County was not given the requested loan information by the owners. However,
we did request an updated preliminary title report on the property. The updated
title report, received on March 7, 1994, did note a new loan dated December 13,
1994, by San Francisco Federal Savings and Loan which was 34% higher than the,
original offer. While an outstanding loan is not a true indication of property
valuation, we have requested an updated appraisal report for the property. The
updated appraisal report is expected to be available by March 10, 1995.
The resolution of necessity process is not the appropriate forum to resolve
compensation disputes. Despite an adoption of the resolution of necessity,
staff will continue to work with the property owners to resolve outstanding
issues . Project financing and ultimate development will be severely impaired
if the Agency does not proceed as planned with this action.
-EKHIBIT A
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