HomeMy WebLinkAbout2011-03-08; City Council; Resolution 2011-042i
2 CITY COUNCIL RESOLUTION 2011-042
3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
4 CARLSBAD, CALIFORNIA, APPROVING CERTAIN ACTIONS
5 RELATED TO THE TRANSFER OF REAL PROPERTY AND OTHER
ASSETS OF THE CARLSBAD REDEVELOPMENT AGENCY TO THE
6 CITY OF CARLSBAD TO MEET EXISTING OBLIGATIONS SET
FORTH IN THE COOPERATION AND OTHER AGREEMENTS WITH
7 THE AGENCY
8 WHEREAS, the City Council (Council) and Housing and Redevelopment Commission
9 (Commission) have previously entered into Cooperation, Reimbursement and Repayment
10 Schedule Agreements to continue the effort to redevelop, revitalize and/or eliminate blight in the
11 Village Area, to repay debt to the City and to provide for affordable housing, as appropriate and
12 as authorized by redevelopment law in effect at the time of approval of said agreements, upon
13 expiration of the Village Redevelopment Plan and/or dissolution of the Carlsbad Redevelopment
14 Agency (Agency); and
15 WHEREAS, both Council and by separate action Commission hereby find it necessary
16 and appropriate to transfer real property and other assets of the Carlsbad Redevelopment Agency
17 to the City of Carlsbad at this time to allow the Council to appropriately complete redevelopment
18 projects and other related activities on behalf of the Commission as set forth in above said
19 agreements, and for the purpose of partial repayment of debt owed to the City for previous
20 loans/advances to the Commission to perform work on behalf of the Agency; and
21 WHEREAS, the Commission previously determined that the property acquisitions were
22 consistent with the General Plan because they were consistent with the Village Redevelopment
23 Plan and authorized by said Plan, and that the transfer of said real property and cash assets of the
24 Commission is consistent with applicable redevelopment law which allows for the Commission
25 to pay previously incurred indebtedness, to comply with Section 33333.8 of the California
26 Health and Safety Code (for provision of affordable housing) and to enforce existing covenants,
27 contracts or other obligations; and
28
M
1 WHEREAS, based on the facts presented to the Council, the Council has determined that
2 the transfer of said real property and other cash assets of the Commission to the City is
3 appropriate and necessary at this time to pay previously incurred indebtedness, to comply with
4 Section 33333.8 of the California Health and Safety Code (for provision of affordable housing)
5 and to enforce existing covenants, contracts or other obligations as set forth within the previously
6 approved Cooperation, Reimbursement and Repayment Schedule Agreements between the City
7 and Commission; and
8 WHEREAS, the transfer of real property and cash of the Commission to the City will
9 accomplish the public purposes of implementing the South Carlsbad Coastal Redevelopment
10 Project Plan and achieving the goals and purposes of such Plan, sustaining the redevelopment
11 accomplished by the implementation of the Village Redevelopment Project Plan, expanding and
12 improving the community's supply of affordable housing, obtaining the benefits for the City of
13 the municipal uses to which the real property and cash will be put, enforcing the existing
14 covenants, contracts and other obligations arising from said redevelopment projects, and carrying
15 out and achieving the goals and purposes of the Cooperation Agreement between the City and
16 Commission; and
17 WHEREAS, the transfer of such real property and cash of the Commission to the City is
18 expressly authorized by the Aid, Assistance and Cooperation provisions of the California
19 Community Redevelopment Law (found in Sections 33220 et. seq of the California Health and
20 Safety Code) with or without financial consideration; and
21 WHEREAS, per Section 15301 of the State CEQA Guidelines, the transfer of real
22 property and/or other assets is exempt from environmental review under CEQA because the
23 transfer will result in a continuation of an existing facility involving no expansion of use and is
24 therefore exempt from environmental review, and any future development for the real property
25 or assets will require separate environmental review.
26
27
28 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the City Council of the City
of Carlsbad, as follows:
1. The above recitations are true and correct.
2.
3.
The City Council hereby APPROVES and accepts the transfer of the real property and
other assets noted below, for use by the City for municipal purposes consistent with all
previously approved Cooperation, Reimbursement and Repayment Schedule Agreements
for ongoing efforts to redevelop, revitalize and/or eliminate blight in the Village Area as
authorized by redevelopment law in effect at the time of approval of said agreements,
and/or for the purpose of partial repayment of debt owed to the City of Carlsbad by the
Carlsbad Redevelopment Agency for previously approved loans/advances for operation
of said Agency:
Asset Name
State Street Property
(NVA)
2787 State Street
State Street Property
(public parking &
restaurant)
2829, 2833 and 2897
State Street
State Street Parking
Lot
Midblock between
Carlsbad Village Drive
and Oak Avenue
Oak Maintenance
Yard
405 Oak Avenue
Public Parking Lot
2992 Roosevelt Street
Public Parking Lot
2922, 2936-2944
Roosevelt Street
Tyler Court
Apartments
3363 Tyler Street
Total Value
Property Parcel Number
203-295-01-01
203-295-01-02
203-294-02
203-294-03
203-294-06
203-296-06
204-01 0-05 & 06
203-304-09
203-304-02
203-304-05
204-070-27
N/A
Estimated Value
$695,800
$1,260,000
$1,150,000
$3,100,000
$765,000
$990,000
$6,800,000
$14,760,800
The Finance Director is hereby authorized to appropriately account for transfer of said
real property from the Carlsbad Redevelopment Agency to the City of Carlsbad, and to
accept the transfer of the balance of funds within the low/mod housing set-aside fund for
the Carlsbad Redevelopment Agency to the City of Carlsbad and/or the Carlsbad Housing
Authority as determined to be appropriate by the City Manager, and to make said funds
available for developing or otherwise providing additional low income affordable
housing opportunities within the City of Carlsbad.
4. The Finance Director is hereby authorized to accept and transfer the cash available from
the Carlsbad Redevelopment Agency as a result of ongoing operation of the Tyler Court
, Senior Apartments, after expenses are paid for said operations and property maintenance
and repairs, to the City of Carlsbad's Housing Trust Fund for use by the City and/or
4 Carlsbad Housing Authority to fund rehabilitation or capital improvement projects related
to the Tyler Court Apartments, and/or to be used to create additional affordable housing
5 opportunities for low income households within the City of Carlsbad.
5. The City Council authorizes the City Manager to direct and execute any agreements or
other documents required to allow for said transfer of real property and other assets from
the Carlsbad Redevelopment Agency to the City of Carlsbad, subject to prior approval of
the City Attorney.
9
6. The City Council authorizes the City Clerk to execute the Certificates of Acceptance of
10 the Deeds to acknowledge the transfer of property ownership from the Housing and
Redevelopment Commission to the City of Carlsbad, upon preparation and subject to
11 prior approval of the City Attorney.
12
13
14 '"
15 ///
16 ///
17 ///
18 ///
19 ///
20
21
22
23
24
25 ///
26 ///
27
28
I///>
1 PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the
2 Carlsbad City Council and Carlsbad Housing and Redevelopment Commission held on
3 the 8th day of March 2011, by the following vote to wit:
4
AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard.
6H
7 NOES: None.
8
9 ABSENT: None.
10
11
12
13
14 MATt^ALL, Mayor'
15 ATTEST:
16
17
18
19
20
21
22
23
24
25
26
27
28