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June 7, 2016 — California Primary Election
Ballot and voting information for Contra Costa County.
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General Plan 2030 Amendment Initiative

Local
June 7, 2016California Primary Election

City of Richmond
Measure N - Majority Approval Required

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Election Results

Failed

6,898 votes yes (33.76%)

13,532 votes no (66.24%)

  • 100% of precincts reporting (53/53).
  • 278,127 ballots counted.

Shall the ordinance to amend the Richmond General Plan 2030 to allow a 59 unit single family detached project on a site south of the intersection of Marina Way South and Hall and approve a development agreement and related actions be adopted?

Impartial analysis / Proposal

 

CITY COUNSEL’S IMPARTIAL ANALYSIS OF MEASURE N

Proposed Measure

Voter approval of Measure N (the “Initiative”) would authorize a private development known as the Richmond Riviera Residential Development (the “Project”) consisting of 59 single-family detached houses on an approximately 4.92 acre site south of the intersection of Marina Way South and Hall Avenue, adjacent to the San Francisco Bay (the “Property”). The Initiative would amend the City’s General Plan to allow “detached and attached single family units” on the Property. Arguably, this amendment would also allow such uses in other areas of the City that have a similar land use designation.

The Initiative would provide that the land use designations applicable to the Property establish a maximum density, but not a minimum density. This language may cause an internal inconsistency in the General Plan, where the definition of Major Activity Center and certain General Plan policies contemplate a high-density, mixed-use project for the Property.

The Initiative would approve a Planned Area zoning designation for the Property, along with development standards that would override existing zoning and development standards on the site.

The Initiative states that the City’s Municipal Code, and all other City ordinances, policies and programs must be amended to implement the Initiative and ensure consistency between the Initiative, the General Plan and the Municipal Code. A legal question exists as to whether an initiative that directs a city council to perform a legislative act, such as amending an ordinance, is valid.

The Initiative includes a Development Agreement (“Agreement”) that would be entered into between the City and Property owner. The Agreement would provide the Property owner with the right to use and develop the Property as specified in the Agreement and the Initiative. The Agreement provides, among other things, that the City cannot impose any requirement on the Property owner to initiate or complete development of the Property within any particular period of time. The Agreement would be in effect until December 31, 2020, unless the Project is completed earlier or the Agreement is otherwise modified, terminated or extended pursuant to the terms of the Agreement, including voter approval on behalf of City.

The Initiative would not require environmental review by

the City under the California Environmental Quality Act (CEQA).

The Initiative could be amended by the voters.

Respectfully submitted,
Bruce Reed Goodmiller, City Attorney

THE ABOVE STATEMENT IS AN IMPARTIAL ANALYSIS OF MEASURE N. IF YOU DESIRE A COPY OF THE INITIATIVE, PLEASE CALL THE RICHMOND CITY CLERK’S OFFICE AT 510-620-6509 AND A COPY WILL BE MAILED AT NO COST TO YOU. 

— City Attorney of Richmond

Financial effect

 

FINANCIAL ANALYSIS OF MEASURE N Projected estimates for Transfer Tax, Property Taxes and Sales Tax. Transfer Tax and Property Tax For the 59 unit Richmond Riviera project, the City would receive a one-time transfer tax influx ranging from $206,500 to $289,100, depending on the sale price of each unit. Additionally, the City would receive recurring property taxes ranging from $123,900 to $173,500 and increasing each year by the Consumer Price Index. For a high density, 400 unit project, depending on the sale price, the City would receive a one-time transfer tax influx ranging from $980k to $1.4M, depending on the actual sale price of the units. The City would receive recurring property taxes ranging from $588,000 to $840,000 and increasing each year by the Consumer Price Index. One -time Recurring + CPI Recurring Yearly + CPI # of Units Estimated Sale Price Per Unit Property Purchase Documentary Transfer Tax PTORS @ 0.14% City share of 1% @0.28% Total Property Taxes PROPERTY TAXES @ $7 per $1,000 Per year Per year 59 Units @ $500,000 each 59 500,000 $29,500,000 $206,500 $41,300 $82,600 $123,900 59 Units @ $700,000 each 59 700,000 $41,300,000 $289,100 $57,820 $115,640 $173,460 400 Units @ $350,000 each 400 350,000 $140,000,000 $980,000 $196,000 $392,000 $588,000 400 Units @ $500,000 each 400 500,000 $200,000,000 $1,400,000 $280,000 $560,000 $840,000 Sales Tax A new development means new residents to the City. The City Sales Tax consultant estimates each new person generates $71.32 per year for the regular sales tax. Assuming 3 persons per unit and them spending with them spending an average of $7,132 per year on taxable products, the 59 unit Richmond Riviera project would yield additional Sales Tax Revenue of $25,247 per year and the 400 unit high density project would yield $85,584 per year. SALES TAX # of Units Density Per Unit Population Regular Sales Tax Extra Half Cent Measure Q Extra Half Cent Measure u Yearly Recurring 59 Units 59 3 177 $12,624 $6,312 $6,312 $25,247 400 Units 400 3 1,200 $85,584 $42,792 $42,792 $85,584 

 

 

Belinda Warner Finance Director City of Richmond 

 

 

— Finance Director City of Richmond

Arguments FOR

 

ARGUMENT IN FAVOR OF MEASURE N

A “YES” vote on Measure N will stop the view-blocking, high-rise apartment and condominium buildings currently zoned for our waterfront and replace them with 59 single-family homes for middle-class families.

These homes will be some of the most environmentally friendly in the Bay Area, with designs that include solar panels, smart home technology, efficient irrigation systems, and drought-tolerant landscaping. The project also provides a walkable community with convenient, public access to the Bay Trail, parks, and the new ferry terminal. Additionally, one acre of land will be donated to provide more than 30 affordable houses dedicated to our public school teachers. It begins to address one of our biggest obstacles in retaining good teachers by making sure they can afford to live in the city where they work.

The new homes that come with a “YES” vote will create up to one hundred jobs, more than $3,500,000 in one- time revenues for the city, and more than $500,000 each year in estimated property taxes. Richmond is facing serious financial struggles, and our city can use these new funds to help make our community safer by investing in our police and fire fighters and making our schools stronger for generations to come.

A “YES” vote on Measure N sets a standard for our shoreline that respects our environment and Richmond’s residents, providing them the services and benefits they expect and deserve.

Dennis Dalton, Co-Chair, Protect Richmond’s Shoreline Supporting Measure N, Sponsored by Virtual Development Corporation

Ron Karren, Member, Protect Richmond’s Shoreline Supporting Measure N, Sponsored by Virtual Development Corporation

Karen Murphy, Retired, Marina Bay Resident

Jerry Feagley, Richmond Small Business Owner, Feagley Realtors / FMI Inc. 

— Contra Costa County Elections Division

Arguments AGAINST

 

Mayor Tom Butt and former Mayor Gayle McLaughlin Urge a No Vote on the Richmond Riviera project.

We don’t always agree but we both agree that the Richmond Riviera scheme is a bad deal for Richmond.

The developer is trying to avoid the public process, which by law includes environmental review, public scrutiny and a public planning process. The developer is dodging public scrutiny by avoiding:

Design Review;
Planning Commission;
The public process to change the General Plan;

and the
City Council.

The so-called “development agreement” is nothing but a one-sided ‘developer gets it all’ scheme that lets the developer make a fortune and gives the community nothing.

And while subverting the public process is enough to vote against Measure N, it is simply the wrong project for our waterfront. The developer wants to build 59 waterfront homes for the rich instead of building housing for everyone.

The Richmond Riviera is elitist, building 59 large houses that only the wealthy can afford. Richmond needs more market rate and affordable housing, building homes only for the rich isn’t fair and makes our housing problem even worse.

And finally, the Richmond Riviera project doesn’t fit with Richmond’s long-term vision for our waterfront. It will destroy plans for the new ferry service to San Francisco, and will prevent Marina Bay from attracting amenities such as shops, restaurants, and grocery stores.

Measure N serves the interest of one Florida developer – Richard Poe – and doesn’t serve the public good. The public process should not be pushed aside simply to meet the desires of a greedy developer.

Join the Richmond business community, Richmond Progressive Alliance, Contra Costa Central Labor Council, Contra Costa Building and Construction Trades Council and vote No on N. It’s bad for Richmond.

Tom Butt, Mayor
Gayle McLaughlin, Councilmember and former Mayor 

— Contra Costa County Elections Division

Replies to Arguments FOR

 

REBUTTAL TO THE ARGUMENT IN FAVOR OF MEASURE N

Don’t Buy the Big Developer Lie – Vote No on N

Don’t buy the big lie from developer Richard Poe. He named his project “Richmond Riviera” for a reason. He wants to put luxury homes on the waterfront instead of housing for people that live in Richmond. Richmond is facing an unprecedented housing crisis for families, seniors, and young people – just about everyone is feeling the pressure of the housing crisis. The one group of people who aren’t facing challenges finding housing is the wealthy. Richmond needs market rate and affordable housing. Why would we ever allow this prime land to be used to house the 1%?

There are many other reasons to vote No on N:

  • The developer Richard Poe is trying to circumvent the legal public process by paying to put this on the ballot instead of going through the design review process, planning commission, and the city council.

  • We should reject Measure N because the development agreement for this project is completely one sided and should be called the “developer’s agreement” – he wrote it, the public didn’t even have input.

  • The 59 luxury homes aren’t part of the city’s plan for the area – it will benefit the developer, not the city.

    While we may disagree on many policy issues, we stand united on this issue. The developer paid to put Measure N and Measure O on the ballot. We say, put them together and vote NO.

    Tom Butt, Mayor
    Irma Anderson, Former Councilmember and former Mayor 

— Contra Costa County Elections Division

Replies to Arguments AGAINST

 

REBUTTAL TO THE ARGUMENT AGAINST MEASURE N

Politicians opposing Measure N are being deceptive, wanting unilateral control over our shoreline. The developer has not attempted to subvert the public process, but has been engaged in both public design and environmental review for over three years.

Mayor Butt is a wealthy owner of numerous real estate holdings and a prominent architectural, engineering, and planning firm. The Mayor and his family also hold positions on several influential Richmond development-review committees, enabling conflicts of interest. Measure N was the last resort to “publicly” end the Mayor’s chokehold on this respectful and harmonious development. A “YES” vote ends this obstruction by politicians.

A “YES” vote preserves medium-density projects on our shoreline and high-rise buildings in economically feasible locations near rapid transit—not on liquefiable soils. Realtors and businesses support Measure N to preserve a healthy balance of medium- and high-density housing that enhances overall values, delivering increased revenue to fund essential City services.

Contrary to these politicians’ “elitist” assertion, this project is tailored to middle-class families. It is a precedent- setting development that gifts one acre of land to subsidize affordable housing for 30 to 50 public and union schoolteachers.

A “YES” vote means up to 100 local union jobs. Additionally, we get more than $3,500,000 in one-time revenues for Richmond and more than $500,000 annually in estimated property taxes—money vital to funding our schools, police and fire departments.

Don’t believe the politicians. Protect our shoreline and vote “YES” to make Richmond a stronger city.

Dennis Dalton, Co-Chair, Protect Richmond’s Shoreline Supporting Measure N, Sponsored by Virtual Development Corporation

Ron Karren, Member, Protect Richmond’s Shoreline Supporting Measure N, Sponsored by Virtual Development Corporation

Karen Murphy, Retired, Marina Bay Resident

Jerry Feagley, Richmond Small Business Owner, Feagley Realtors / FMI Inc. 

— Contra Costa County Elections Division
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