HomeMy WebLinkAbout2009-12-22; Housing & Redevelopment Commission; Resolution 4811 RESOLUTION NO.
2 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION
OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING CERTAIN
3 ACTIONS AND APPROPRIATING FUNDING FOR ACQUISITION OF
PROPERTY AT 3045 STATE STREET BY THE REDEVELOPMENT AGENCY
OF THE CITY OF CARLSBAD TO PROVIDE PUBLIC PARKING RESOURCES
5 AND/OR OTHER ECONOMIC DEVELOPMENT OPPORTUNITIES FOR THE
VILLAGE AREA
6
WHEREAS, the Redevelopment Agency of the City of Carlsbad, hereinafter
7 referred to as "Agency", is a Community Redevelopment Agency organized and existing
under the Community Redevelopment Law, Health and Safety Code Section 33000, et.
8 Seq., hereinafter referred to as the "Act"; and
9 WHEREAS, the Agency is authorized to implement the Redevelopment Plan for
the Carlsbad Village Redevelopment Project Area; and
j j WHEREAS, the Agency is authorized by Section 33445 of the Act to pay all or
part of the value of land for and the cost of the installation and construction of any
\2 building, facility, structure, or other improvement which is publically owned and benefits
the project area or the immediate neighborhood; and
13
WHEREAS, the acquisition of property by the Housing and Redevelopment
14 Commission, on behalf of the Carlsbad Redevelopment Agency, is authorized by Part V-
A-2 of the Carlsbad Village Project Area Redevelopment Plan, originally adopted in 1981;
15 and
WHEREAS, the Carlsbad Village Redevelopment Area has a need for additional
j 7 public parking to support the economic development activities within the area and said
parking will have a substantial benefit to the Redevelopment Project Area, as well as the
18 remainder of the community; and
19 WHEREAS, the current property owners of the private property at 3045 State
Street offered to sell their property to the Carlsbad Redevelopment Agency for the
20 purposes of providing public parking and/or other economic development opportunities in
the future as appropriate; and
WHEREAS, the Housing and Redevelopment Commission previously authorized
the Executive Director of the Carlsbad Redevelopment Agency and other appropriate
23 Agency staff to enter into negotiations and execute a contract to purchase said property at
3045 State Street for public parking purposes and/or other economic development
24 opportunities in the future as appropriate; and
25 WHEREAS, Redevelopment Agency staff has completed said negotiations with
the current property owners to acquire the property at 3045 State Street, under no threat of
26 condemnation and at a fair market value, as determined by a fair market value appraisal
completed on September 29, 2009; and
27
WHEREAS, based on the facts presented to the Commission, the Commission has
determined that the acquisition of the subject property is consistent with the goals and
objectives of the Carlsbad Village Redevelopment Plan, the Village Master Plan and
1 Design Manual, the Village Redevelopment Area Implementation Plan and the General
Plan; and
2
WHEREAS, the action to purchase the subject property is exempt from
3 environmental review pursuant to Section 15301 of the State CEQA Guidelines because
the acquisition will result in the continuation of an existing facility (public parking lot)
involving no expansion of use. Any new construction at a subsequent date or any change
in use will require separate environmental review under CEQA.
6 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Housing and
Redevelopment Commission of the City of Carlsbad as follows:
7
1. The above recitations are true and correct.8
2. The Housing and Redevelopment Commission previously authorized the
Executive Director of the Carlsbad Redevelopment Agency and appropriate
10 staff to negotiate and execute a purchase agreement for the property at 3045
State Street within the Village Redevelopment Area of Carlsbad for the
11 purposes of providing public parking and/or other economic development
opportunities in the future as appropriate for Village redevelopment.
12
3. The Housing and Redevelopment Commission hereby approves the acquisition
13 of the property at 3 045 State Street (APN 203 -296-06) by the Carlsbad
Redevelopment Agency in the amount of one million one hundred and twenty-
five thousand dollars ($1,125,000) for the purpose of providing public parking
15 within the Village Redevelopment Area of Carlsbad, and for future economic
development opportunities as appropriate, subject to all terms and conditions
16 set forth in the previously executed purchase agreement and related escrow
instructions.
17
4. The Housing and Redevelopment Commission hereby additionally approves
the payment of taxes, escrow fees and other related fees as set forth within said
. g purchase agreement to complete said transaction, including the costs of
professional fees for the Phase I Environmental and ALTA Survey.
20
21 5. The Housing and Redevelopment Commission authorizes the Finance Director
to appropriate and approve the expenditure of funds from the Village Parking
22 In-Lieu Fee Fund to pay all costs for said acquisition as noted above and as set
forth within the approved purchase agreement.
23
6. The Housing and Redevelopment Commission authorizes the Executive
Director of the Carlsbad Redevelopment Agency to execute all appropriate
acquisition documents as deemed appropriate and subject to prior approval of
the City Attorney.
27 7. The Housing and Redevelopment Commission authorizes the Secretary of the
28 Redevelopment Agency to execute the Certificate of Acceptance of the Deed for
the subject property, upon preparation by the Escrow Officer and on behalf of the
Redevelopment Agency.
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PASSED, APPROVED AND ADOPTED at a Special Meeting of the Housing and
Redevelopment Commission of the City of Carlsbad on the 22nd day of December.
2009, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Hall, and Blackburn.
NOES: None.
ABSENT: Council Member Packard.
CLAUDE A. LEWIS, CHAIRMAN
ATTEST:
LISA HILDABRAND, SECRETARY
(SEAL)
of ESTABLISHED \\
1970 j|
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
I, Lisa Hildabrand, Secretary of the Housing and Redevelopment Commission of
the City of Carlsbad, County of San Diego, State of California, hereby certify that I
have compared the foregoing copy with the original RESOLUTION NO.481
APPROVING CERTAIN ACTIONS AND APPROPRIATING FUNDING FOR
ACQUISITION OF PROPERTY AT 3045 STATE STREET BY THE
REDEVELOPMENT AGENCY OF THE CITY OF CARLSBAD TO PRODIVE PUBLIC
PARKING RESOURCES AND/OR OTHER ECONOMIC DEVELOPMENT
OPPORTUNITIES FOR THE VILLAGE AREA, with the original now on file in the
Office of the City Clerk of the City of Carlsbad; that the same contains a full, true and
correct transcript therefrom and of the whole thereof.
Witness my hand and the seal of said Housing and Redevelopment Commission,
this 23rd day of December, 2009.
LISA HILDABRAND, Secretary
(SEAL) .MU.../,,,
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