HomeMy WebLinkAboutMINUTES - 03071995 - H.2 - a
1 CONTRA COSTA COUNTY REDEVELOPMENT AGENCY
2 Re: Condemnation of Property for RESOLUTION OF NECESSITY
3 Redevelopment Purposes North No. RA 95/99
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 four (4) parcels and is generally located
21 in the North Richmond area. The said property is more particularly described in
22 Appendix "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.
1 The hearing was held at that time and place, and all interested parties were given
2 an opportunity to be heard. Based upon the evidence presented to it, this Board finds,
3 determines and hereby declares the following:
4 1. The public interest and necessity require the proposed project; and
5 2. The proposed project is planned and located in the manner which will be most
6 compatible with the greatest public good and the least private injury; and
7 3. The property described herein is necessary for the proposed project; and
8 4. The offer required by Section 7267.2 of the Government Code was made to
9 the owner or owners of record.
10 5. Insofar as any of the property described in this resolution has heretofore been
11 dedicated to a public use, the acquisition and use of such property by the Agency for
12 redevelopment purposes is a more necessary public use than that.use to which the
13 property has already been appropriated. This determination and finding is made and this
14 resolution is adopted pursuant to Code of Civil Procedure section 1240.610.
15 The County Counsel of this County is and any counsel associated by him hereby
16 AUTHORIZED and EMPOWERED:
17 To acquire in the Agency's name, by condemnation, the titles, easements and
18 rights of way hereinafter described in and to said real property or interest(s) therein, in
19 accordance with the provisions for eminent domain in the Code of Civil Procedure and
20 the Constitution of California:
21 Parcels 1, 2, 3 and 5 are to be acquired in fee title.
22 To prepare and prosecute in the Agency's name such proceedings in the proper
23 court as are necessary for such acquisition;
24 To deposit the probable amount of compensation, based on an appraisal, and to
25 apply to said court for an order permitting the Agency to take possession and use said
26 real property for said public uses and purposes.
27
28 2
1 PASSED and ADOPTED on March 7, 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 7, 1995
Phil Batchelor, C16rk.Af rFi .Bard of
10 Supervisors And ClountyiAdrnihstrator
By:
12 Deputy
cc: Public Works Department
13 Real Property Division
Auditor-Controller y .
14 County Counsel (certified copy)
County Administrator
15 di14: no-rich.ron
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Contra Costa County
Redevelopment Agency
N. Richmond Senior Housing Project
Parcel Nos. 1, 2, 3, & 5
APPENDIX "A"
The following described real property in the unincorporated area of the County of Contra
Costa, State of California,
PARCEL 1 (LEWIS):
Lots 24 and 25, in Block 71, as shown on the Map entitled, " Map of North Richmond Land and
Ferry Co., Tract 2, Contra Costa County, California,"filed September 19, 1911, in the Office of
the County Recorder of said County, in Book 5 of Maps, Page 124.
EXCEPTING THEREFROM.-
The
HEREFROM:The North 62-1/2 feet of said Lots conveyed in the Deed from Earnest Hives, et ux, to Cornelius
Green, et ux, recorded May 16, 1952 in Book 1933 of Official Records at Page 323.
PARCEL 2 (ADAMS):
Lots 26 and 27, 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.
PARCEL 3 (CCC HOUSING AUTHORITY):
All of Lots 5 and 6 and the South 40 feet (right angle measurements) of Lots 7 and 8, Block 71,
as shown on the Map of North Richmond Land and Ferry Company, Tract No. 2, filed September
19, 1911, in Book 5 of Maps, Page 124, in the Office of the County Recorder of Contra Costa
County.
PARCEL 5 EDWARDS :
Lots 30 and 31 in Block 71, as shown on the Map of North Richmond Land and Ferry Co., Tract
No. 2, filed September 19, 1911, in Book 5 of Maps, Page 124, in the Office of the Recorder of
the County of Contra Costa County.
KAM:&
g:\realprop\temp\Exb.t2
February 16, 1995
Contra
TO: REDEVELOPMENT AGENCY 'J r Costa
FROM: Phil Batchelor s� County
Executive Director r ` °"
DATE: March 7, 1995
SUBJECT: Hearing on Proposed Adoption of Resolution of Necessity for the
Acquisition by Eminent Domain of Real Property Required for Senior
Housing Project in the North Richmond Redevelopment Project Area.
SPECIFIC REQUEST(S) OR RECOMPENDATIONS (S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
• HOLD a public hearing on Proposed Adoption of Resolution of
Necessity for the Acquisition by Eminent Domain of Real
Property for Senior Housing Project, North Richmond;
• ADOPT said Resolution of Necessity for the Senior Housing
Project;
• 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: XX YES SIGNATURE : F �
RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDAT N F AGENCY COMMITT
APPROVE OTHER
SIGNATURE (S) : .
ACTION OF AGENCY ON /g 9S' APPROVED AS RECOMMENDED -X OTHER
The Board held the public hearing and approved the resolution of necessity as
recommended, excluding the EthanAllen/Rosemary Fonseca property, the decision of which is
VOTE OF COMMISSIONERS DEFERRED to March 14, 1995 at 10:45 a.m.
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 ATTESTED
646-4076 PHIL BATCHELOR,
cc: Community Development AGENCY SECRETARY
County Administrators Office
County Counsel
Auditor-Controller
Public Works - Real Property
Board Clerk- BY , DEPUTY
via Redevelopment
CHDC
Eden Housing
Alice Beasley
BL:1h
beth:condemn.bos
D. The offer of compensation required by Section 7267 .2 of the
Government Code has been made to the owner or owners of record.
• 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 Funds, and $350, 000 in the City of
Richmond HOME Investment Partnership Act funds.
BACKGROUND/REASONS FOR RECOMMENDATIONS
Pursuant to procedure approved by Board order, dated November 1, 1988, the
Deputy Director of the Contra Costa County Redevelopment Agency, sent to
property owners a Notice of Intention to Adopt a Resolution of Necessity for
acquisition by eminent domain of real property in the North Richmond
Redevelopment Project Area. The acquisitions are for the construction of a
senior housing project. The Notices set March 7, 1995 at 11: 00 a.m. as the date
and time affected owners may appear and be heard as to matters specified by law
under C.C.P. Section 1245.235 as set forth below.
Upon recommendation of County Counsel, the following report is made for the
Agency's information and consideration prior to taking action upon said hearing.
I . Proposed Project
A 52 unit very-low and moderate-income senior housing development and
' potentially including a retail component, sheriff substation and retail
component. The project is being developed by the Community Housing
Development Corporation of North Richmond (CHDC) , a nonprofit housing
development corporation, in conjunction with Eden Housing, Inc. , also a
nonprofit housing development corporation, and is part of the North
Richmond Redevelopment Project Area.
The block bounded by 2nd, 3rd, Grove and Chesley has been identified as the
appropriate site (see attached site map) . The site is approximately 2
acres and currently has eight (8) relatively substandard residential units,
approximately 6, 800 square feet of commercial space, and nine (9) vacant
lots.
II . Background and Financing
On September 13, 1994, the Redevelopment Agency approved a Disposition,
Development and Loan Agreement (DDLA) between the Agency and CHDC for
development of the senior housing project. The DDLA provides for the
acquisition and conveyance of certain real property, the demolition, of
existing improvements on the real property, and the construction the
project. The DDLA further provides for the Agency to purchase, assemble
and convey the required real property to CHDC.
As also provided for in the DDLA: on June 28, 1994, the Contra Costa County
Board approved $288, 000 in Community Development Block Grant (CDBG) funds;
on November 8, 1994, the Agency approved $581, 660 in Redevelopment tax
increments and in the Affordable Housing and Special Revenue Fund; and on
January 1, 1995, the Board approved $300, 000 in County HOME Partnership
Funds. On March 6, 1995, the City of Richmond City Council also committed
$100, 000 in CDBG and $350, 000 in HOME Investment Partnership Act funds .
The remaining $3. 6 million is expected to be leveraged from the Department
of Housing and Urban Development Section 202 program. On February 21,
1995, a funding application was also submitted to the Office of Community
Services in the amount of $628, 000 for the retail component of the project.
III . Property Assemblage
On December 6, 1994, the Agency approved a contract between Contra Costa
County and the Redevelopment Agency for real property services relative to
property acquisition/relocation needs for the North Richmond senior housing
project. In total there are nineteen (19) parcels to be assembled for this
project.
Of the total nineteen (19) parcels, the County Real Property Division has
obtained agreement on ten (10) of the affected parcels at the appraised
value. Three (3) properties are being acquired by the Agency through the
property tax default process . Three (3) additional properties have had no
response from the property owners . One (1) parcel is owned by the County
Housing Authority. The Housing Authority staff has advised that an
eminent domain action is the quickest method to dispose of the property.
Two (2) other properties have not been acquired under contract because the
property owners have countered with values substantially in excess of the
appraised value. The final parcel, owned by North Richmond Neighborhood
House (NRNH) has been temporarily removed from the acquisition program in
order to allow NRNH to identify an alternative site in the community. The
project can proceed without the NRNH parcel, but the Agency and County will
continue to work with this property owner.
In order to proceed with the project, it is necessary for the County to
exercise its power of eminent domain. Pursuant to Section 1245.235 of the
. Code of Civil Procedure, notice was given to the following persons whose
names and addresses appear on the last equalized County Assessment Roll :
1 . Property # 1 on Attached Site Map
Carrie M. Lewis
c/o Helen Coleman
1903 Virginia Street #5
Berkeley, CA 94709
2 . Property #2 on Attached Site Map
Contra Costa County Housing Authority
Attn: Marge Gladman
P.O. Box 2795
Martinez, CA 94553
3 . Property' #3 on Attached Site Map
Dewell 0. Edwards
c/o Vernon Oakley
3013 Acton
Berkeley, CA 94702
4 . Property #4 on Attached Site Map
Carl Adams
Donald Hampton
P.O. Box 5643
Hercules, CA 94547
5. Ethan Allen
Rosemary Fonseca
223 Contra Costa Street
Pt. Richmond, CA 94801
This notice consisted of sending by first-class and certified mail on February
16, 1995, a Notice of Intention which notified these owners that a hearing is
scheduled for Tuesday, March 7, 1995, at 11 :00 a.m. in the Board' s Chambers, at
which time they may appear to be heard on the matters referred to in the notice.
IV. Scope of Hearing Per C.C.P. Section 1245.235
A. Public Interest and Necess-ity require the proposed project.
The proposed project is provided for in the North Richmond
Redevelopment Plan, which was adopted by Ordinance 87-50 on July 14,
1987 .
B. The prglect is planned and located in the manner that will be most
compatible with the areatest public good and the least r)rivate inlury.
An EIR was prepared for use in considering the adoption of the above
referenced 1987 North Richmond Redevelopment Plan. The EIR was
certified by the Agency in June 1987 .
The EIR was also used in considering the adoption of General Plan
Amendment 4-94-CO and a rezoning (3020-RZ) of this site for the senior
housing project. on October 18, 1994, the Planning Commission approved
the General Plan Amendment 4-94-CO and rezoning 3020-RZ to allow for
the development of 52 senior housing units and up to 5, 000 square feet
of retail space. On November 8, 1994, the Board also approved the
General Plan Amendment 4-94-CO and rezoning 3020-RZ for the proposed
project .
C. The property sought to be acquired is necessary for the _project.
The properties listed in Section III are necessary for the development
of the project approved by the Board of Supervisors on November 8,
1994 .
D. The offer of compensation required by Section 7267 .2 gf the Government
Code has been made to the owner or owners of record.
Offers pursuant to Government Code Section 7267 .2 will be made to the
owners of record prior to the hearing of March 7, 1995.
V. Recommended Action
A. Board to ask if any notified property owners wish to be heard as to
the four items specified in Section IV above.
B. Upon completion and closing of the hearing, it is recommended that the
Agency Board adopt the Resolution of Necessity to acquire the required
property by eminent domain and direct the Board Clerk to file a. copy
of this report and make the findings and recommendations stated in the
Recommendations section and listed under IV A, B, C, and D above and
adopt a Resolution of Necessity.
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