HomeMy WebLinkAbout2009-07-07; City Council; Resolution 2009-1751
2 CITY COUNCIL RESOLUTION 2009-175
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
4 CARLSBAD, CALIFORNIA, APPROVING CERTAIN ACTIONS AND
5 FINANCING FOR ACQUISITION OF CITY-OWNED PROPERTY AT
2829-2833 STATE STREET AND 405 OAK AVENUE BY THE
6 REDEVELOPMENT AGENCY OF THE CITY OF CARLSBAD FOR
REDEVELOPMENT PURPOSES
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WHEREAS, the City Council and Housing and Redevelopment Commission previously
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authorized City and Redevelopment Agency Staff to enter into negotiations and execute a
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contract for the City to sell and the Agency to purchase properties at 2829-2833 State Street and
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405 Oak Avenue for the purposes of property redevelopment, area revitalization, blight
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elimination and economic development; and
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WHEREAS, City and Redevelopment Agency Staff have completed negotiations for the
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City to sell and the Agency to purchase the properties at 2829-2833 State Street and 405 Oak
15 Avenue, under no threat of condemnation and with the consent of the City of Carlsbad at a fair
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market value, for the purposes of redevelopment as set forth above; and
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WHEREAS, the Planning Commission adopted Resolution No. 1569 on November 28,
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1979 approving a determination that the Village Redevelopment Plan is consistent with the
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General Plan, and said Village Redevelopment Plan allows for the sale of said properties by the
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City Council, on behalf of the City of Carlsbad, and purchase of said properties by the Housing
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and Redevelopment Commission, on behalf of the Carlsbad Redevelopment Agency, which sale
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and acquisition has also therefore been determined to be consistent with the General Plan; and
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WHEREAS, based on the facts presented to the City Council, the Council has
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determined that the sale of the City-owned properties to the Commission, on behalf of the
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Carlsbad Redevelopment Agency, is consistent with the goals and objectives of the Village
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Redevelopment Plan and of benefit to the project area; and
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1 WHEREAS, the Commission, on behalf of the Agency, will provide a cash payment of
2 approximately $2,500,000 to the City for purchase of said properties upon acceptance of the
3 Deed which will transfer ownership from the City to the Agency; and,
4 WHEREAS, the Commission, on behalf of the Agency, has requested a loan from the
5 City which will allow the Agency to make payments over time with interest on the remaining
6 acquisition cost of approximately $ 1,865,000 with a final payment made by the Agency no later
7 than July, 2019; and,
8 WHEREAS, per Section 15301 of the State CEQA Guidelines, the sale and acquisition
9 of the property is exempt from environmental review under CEQA because the sale and
10 acquisition will result in a continuation of an existing facility involving no expansion of use and
11 is therefore exempt from environmental review, and any future development for the site will
12 require separate environmental review.
13 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the City Council of the City
14 of Carlsbad, as follows:
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1. The above recitations are true and correct.
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2. The City Council previously provided authorization for the negotiation of a purchase
I g agreement with the Housing and Redevelopment Commission, on behalf of the Carlsbad
Redevelopment Agency, for the sale of the City-owned properties at 2829-2833 State
19 Street and 405 Oak Avenue, within the Village Redevelopment Area, and for purchase by
the Commission for redevelopment purposes.
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21 3. The City Council hereby APPROVES the purchase agreement attached as Exhibit 3 and
incorporated herein by reference which authorizes the sale of City-owned properties at
22 2829-2833 State Street and 405 Oak Avenue to the Carlsbad Redevelopment Agency for
redevelopment purposes in the total amount of Four Million Three Hundred Sixty
Thousand dollars ($4,360,000) for the purposes of property redevelopment, area
24 revitalization, blight elimination and economic development, subject to all terms and
conditions set forth in the purchase agreement and related escrow instructions, if
25 applicable.
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1 4. The Finance Director is hereby authorized to accept a transfer of a total of Two Million
Five Hundred Thousand dollars ($2,500,000) from the cash balance of the Village
2 Redevelopment Operations Fund to the General Fund for partial payment by the
Commission, on behalf of the Carlsbad Redevelopment Agency, for said acquisition costs
of the subject City-owned properties.
4 5. The Finance Director is hereby authorized to accept principal and interest payments over
5 time from the Commission, on behalf of the Carlsbad Redevelopment Agency, for the
remaining acquisition costs of approximately One Million Eight Hundred Sixty Five
6 Thousand dollars ($1,865,000), subject to the terms and conditions set forth in the
previously approved Reimbursement and Debt Repayment Schedule Agreements, as
7 amended, between the Council and the Commission.
° 6. The City Council authorizes the Mayor to execute the subject purchase agreement, and
the City Manager to execute all other documents required for the City to sell said
property to the Housing and Redevelopment Commission, on behalf of the
Carlsbad Redevelopment Agency, as deemed appropriate and subject to prior approval of
the City Attorney.
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7. The City Council authorizes the Mayor to execute the Deed for subject property to
12 acknowledge the transfer of property ownership from the City to the Agency, upon
preparation and subject to prior approval of the City Attorney.
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PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the
Carlsbad City Council and Carlsbad Housing and Redevelopment Commission held on
the 7th day of July, 2009, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Packard and Blackburn.
NOES: None.
ABSENT: Council Member Hall.
ATTEST:
LORRA/NE M. WOOD, City Clerk 0
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