HomeMy WebLinkAboutMINUTES - 05161995 - 1.56 TO: REDEVELOPMENT AGENCY
FROM: Victor J. Westman, County Counsel
DATE: May 16 , 1995
SUBJECT: NORTH RICHMOND SENIOR HOUSING DEVELOPMENT - LEGAL ISSUES RELATING TO
ACQUISITION OF HOUSING AUTHORITY PROPERTY BY REDEVELOPMENT AGENCY
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
AUTHORIZE County Counsel to act as legal counsel on behalf of both
the Contra Costa County Redevelopment Agency and the Housing
Authority of the County of Contra Costa, in order to facilitate the
transfer to the Redevelopment Agency of possession and title to
certain property owned by the Housing Authority, which is located
within the North Richmond Redevelopment Project Area and is
necessary for the North Richmond Senior Housing Project, whether
such property transfer occurs through the process of eminent domain
or otherwise .
FISCAL IMPACT
A potential savings to both public entities resulting from the fact
that neither will be required to employ outside legal counsel .
BACKGROUND/REASONS FOR RECOMMENDATIONS
A 52 unit very-low and moderate-income senior housing
development (the North Richmond Senior Housing Project) is being
developed by the Community Housing Development Corporation of North
Richmond (CHDC) , a non-profit housing development corporation, in
conjunction with Eden Housing, Inc, also a nonprofit housing
development corporation, within the North Richmond Redevelopment
Project Area. The site is approximately 2 acres and is currently
occupied by 8 relatively substandard residential units,
approximately 6 , 800 square feet of commercial space, and 9 vacant
lots . The block bounded by 2nd, 3rd, Grove and Chelsey has been
identified as the appropriate site .
CONTINUED ON ATTACHMENT: x YES SIGNATUREd
"ave
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF OARD COMMITTEE
APPROVE OTHER
SIGNATURE (S) :
ACTION OF BOARD ON _ �Q gs APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
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 BOARD OF
SUPERVISORS ON THE DATE SHOWN.
ATTESTED
PHIL BATCHELOR, CLERK OF
THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
4
BY� DEPUTY
CC : Jim Kennedy, Deputy Director Redevelopment
Richard J. Martinez, Housing Authority Executive Director
Sharon L. Anderson, Deputy County Counsel
CONTACT: Sharon L. Anderscn, Deputy County Counsel (646-2064) sla18\a:\northric.bdo
On September 13 , 1994 , the Redevelopment Agency entered into
a Disposition, Development and Loan Agreement (DDLA) with CHDC for
the development of the senior housing project . The DDLA provides
for the acquisition and conveyance of certain real property, the
demolition of the existing improvements on the real property, and
the construction of the project . The DDLA also requires the
Redevelopment Agency to purchase, assemble and convey the required
real property, a total of 21 parcels, to CHDC.
One of the properties in question is owned by the Housing
Authority of the County of Contra Costa . The County Counsel' s
Office is legal counsel to both the Redevelopment Agency and to the
Housing Authority. Pursuant to a Declaration of Trust recorded
against the property by the Department of Housing and Urban
Development (HUD) , the Housing Authority is prohibited from selling
the property without HUD approval . We have been advised by the
Housing Authority that an action in eminent domain against the
Housing Authority is the quickest method of soliciting HUD
approval . We have also been advised that, subject to HUD approval ,
it is the intention of the Housing Authority and the Redevelopment
Agency to enter into a stipulated judgment transferring title to
the subject property to the Redevelopment Agency for the appraised
value of the property. Inasmuch as both the Housing Authority and
the Redevelopment Agency are in agreement as to the price of the
property to be acquired by the Agency, and the primary purpose of
the action is to solicit HUD approval , it is recommended that the
Board authorized County Counsel to act as legal counsel to both the
Agency and the Housing Authority for the purpose of concluding the
property transfer, whether the transfer occur by eminent domain or
otherwise .
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