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HomeMy WebLinkAbout2011-03-08; City Council; 20480; TRANSFER REAL PROPERTY13 CITY OF CARLSBAD AND HOUSING AND REDEVELOPMENT COMMISSION JOINT MEETING AGENDA BILL AB# 20.480 MTG. 3/8/11 DEPT. HNS TITLE: TRANSFER OF REAL PROPERTY AND OTHER CARLSBAD REDEVELOPMENT AGENCY ASSETS TO THE CITY OF CARLSBAD DEPT. H CITY ATTY. CITY MGR. RECOMMENDED ACTIONS: That the City Council ADOPT Resolution No. 2011 - 042 , APPROVING certain actions related to the transfer of real property and other assets of the Carlsbad Redevelopment Agency to the City of Carlsbad as a result of expiration of the Village Redevelopment Plan and ongoing efforts to transition activities of the Agency to the City to continue the effort to redevelop, revitalize and/or eliminate blight in the Village Area as set forth in the Agency/City Cooperation Agreement. That the Housing and Redevelopment Commission ADOPT Resolution No. 498 . APPROVING certain actions related to the transfer of real property and other assets of the Carlsbad Redevelopment Agency to the City of Carlsbad as a result of the expiration of the Village Redevelopment Plan and ongoing efforts to transition activities of the Agency to the City to continue the effort to redevelop, revitalize and/or eliminate blight in the Village Area as set forth in the Agency/City Cooperation Agreement. ITEM EXPLANATION: Since July 21, 1981, the Carlsbad Village area redevelopment plan has served together with the Village master plan and design manual to regulate land use and development in the Village area for the purpose of eliminating blight and blighting influences, and to revitalize the area through programs, projects and other related redevelopment activities. With expiration of the time limit for effectiveness of the Carlsbad village area redevelopment plan on July 21, 2010, the Carlsbad Redevelopment Agency's authority to act pursuant to said redevelopment plan expired, with exception of the requirements to pay previously incurred indebtedness, to comply with Section 33333.8 of the California Health and Safety Code (for provision of affordable housing) and to enforce existing covenants, contracts or other obligations. As a result of expiration of the Carlsbad Village redevelopment plan, the Carlsbad Redevelopment Agency has been taking various actions to transition activities of the Agency to the City in order to comply with redevelopment requirements and to complete the efforts to redevelop, revitalize and/or eliminate blight in the Village Area as set forth in the previously approved Cooperation, Reimbursement and Repayment Schedule Agreements for said area. The Carlsbad Redevelopment Agency has determined that this is the appropriate time to transfer its real property and other assets as related to the Village Area to the City of Carlsbad for completion of redevelopment projects and activities on behalf of the Agency per the above noted agreements and/or for the purpose of repayment of debt owed to the City for previous loans and/or advances. DEPARTMENT CONTACT: Debbie Fountain 760-434-2935 debbie.fountain@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED X Da Da CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES D D Da Page 2 Following is a list of the real property and other assets that will be transferred by the Redevelopment Agency to the City, and accepted by the City to complete activities set forth in the above noted agreements and to benefit the Village Area and the general public. 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 It is also being recommended by staff that the balance of funds within the low/mod fund (approximately $2.2 million) be transferred to the City's Housing Trust Fund and appropriated for purchase of property by the City and/or Housing Authority for low income affordable housing purposes. In addition, the cash available (approximately $1.5 million) as a result of ongoing operation of the Tyler Court Senior Apartments after operational expenses are paid should be transferred to the City's Housing Trust Fund for use by the City and/or Housing Authority to fund rehabilitation or maintenance projects related to the Tyler Court Apartments, or used to create additional housing for low income households within the City of Carlsbad. Consistency with the Goals and Objectives of the Village Master Plan and Design Manual. The Village Master Plan and Design Manual indicates that one of the goals for the Village Redevelopment Area is to "establish Carlsbad Village as a Quality Shopping, Working and Living Environment." The Agency is transferring the above real property and other assets of the Agency to the City with the understanding that the City will continue to use the subject properties and/or other assets to create additional commercial and arts, culture and entertainment opportunities to further enhance the redevelopment and/or commercial revitalization of the Village Area, and to provide public parking and affordable housing within the Village Area. The real property is within easy walking distance of many of the local residents, service facilities, retail locations, mass transit and other amenities. General Plan Consistency: The City's General Plan includes a Goal for the Village Area, which states that the City "preserves, enhances, and maintains the Village as a place for living, working, shopping, recreation, civic and cultural functions while retaining the village atmosphere and pedestrian scale." Transfer of ownership of PageS the noted properties is consistent with the General Plan because the commitment to implement the long range plan for the properties will result in new economic development near the existing Commuter Rail Station, as well as within the core Village Area which is in close proximity to other businesses and residential which will greatly benefit by the increased commercial, art, culture and entertainment amenities and diverse opportunities. The properties also provide for public parking which is important to the economic vitality of the area, and the affordable housing benefits the Village as well as the City as a whole. The Redevelopment Agency has the authority under redevelopment law in effect on the date of this approval to transfer the properties to the City, and to make the applicable General Plan consistency finding for said transfer. FISCAL IMPACT: In total the Redevelopment Agency is transferring a real property portfolio that has an estimated value of $14.7 million. Although the Agency intends to provide cash payments to fully repay all of the loans and advances (with interest) made by the City of Carlsbad to the Agency for operations and projects within the Village Redevelopment Area since 1981 (estimated at approximately $15.7 million as of this date), there is currently legislation pending within the State of California that may restrict or limit the complete repayment of this debt. Therefore, the Agency has determined that it is appropriate and necessary at this time to transfer said real property and other cash assets to the City to ensure that the City will be able to continue to meet its obligations to complete redevelopment/ affordable housing projects and activities through use of said real property and cash assets in-lieu of other cash payments. If the loan repayment plan is not impaired by the State or held to be otherwise invalid, the City will receive cash loan payments (with interest) in the total estimated amount of $33.9 million in addition to the value of the transferred property and assets noted herein. The real property will be transferred to the City upon execution of the Certificate of Acceptance for the Deed by the City Clerk on behalf of the City of Carlsbad. ENVIRONMENTAL IMPACT: The action to transfer the subject property and assets to the City is exempt from environmental review under CEQA. Initially, the transfer of property will result in a continuation of existing facilities involving no expansion of use and is therefore exempt from environmental review pursuant to Section 15301 of the State CEQA Guidelines. However, any future development proposed for the properties or cash assets will require separate environmental review under CEQA at a later date. EXHIBITS: 1. City Council Resolution No. 2011 -042 2. Housing and Redevelopment Commission Resolution No. 498 i 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 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 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 n 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 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 PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the Carlsbad City Council and Carlsbad Housing and Redevelopment Commission held on the 8th day of March 2011, by the following vote to wit: AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ABSENT: None. MATt1¥ALL, Mayor' ATTEST: RRAIME M. Wi EAL) U 1 HOUSING AND REDEVELOPMENT RESOLUTION NO. 498 2 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT 3 COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING CERTAIN ACTIONS RELATED TO THE TRANSFER 4 OF REAL PROPERTY AND OTHER ASSETS OF THE CARLSBAD REDEVELOPMENT AGENCY TO THE CITY OF CARLSBAD TO MEET EXISTING OBLIGATIONS SET FORTH IN THE 6 COOPERATION AGREEMENT, REIMBURSEMENT AND REPAYMENT SCHEDULE AGREEMENTS BETWEEN THE AGENCY 7 AND THE CITY. 8 WHEREAS, the Redevelopment Agency of the City of Carlsbad, hereinafter referred to 9 as "Agency", is a Community Redevelopment Agency organized and existing under the 10 Community Redevelopment law, health and Safety Code Section 33000, et. Seq., hereinafter referred to as the "Act", as in effect as of January 1, 2011; and 12 WHEREAS, the Agency was previously authorized to implement the Redevelopment 13 Plan for the Carlsbad Village Redevelopment project Area, and also was and continues to be 14 authorized to transition said village redevelopment operations to the City of Carlsbad following 15 expiration of said Plan in July, 2010; and 16 WHEREAS, the Housing and Redevelopment Commission (Commission) and City 17 Council (Council) have previously entered into Cooperation, Reimbursement and Repayment Schedule Agreements to continue the effort to redevelop , revitalize and/or eliminate blight in the 19 Village area, to repay debt to the City and to provide for affordable housing, as appropriate and 20 as authorized by redevelopment law in effect at the time of approval of said agreements, upon 21 expiration of the Village Redevelopment Plan and/or dissolution of the Carlsbad Redevelopment 22 Agency (Agency); and 23 24 25 26 27 28 1 WHEREAS, both Commission and Council hereby find it necessary and appropriate to 2 transfer real property and other assets of the Carlsbad Redevelopment Agency to the City of 3 Carlsbad at this time to allow the Council to appropriately complete redevelopment projects and 4 other related activities on behalf of the Commission as set forth in the above said agreements, 5 and for the purpose of partial repayment of debt owed to the City for previous loans/advances to 6 the Commission to perform work on behalf of the Agency; and 7 WHEREAS, the Commission on behalf of the Agency previously determined that the 8 original property acquisitions were consistent with the General Plan because they were consistent 9 with the Village Redevelopment Plan and authorized by said Plan, and that the Commission 10 finds that the transfer of said real property and cash assets to the Council on behalf of the City is 11 consistent with applicable redevelopment law which allows for the Commission to pay 12 previously incurred indebtedness, to comply with Section 33333.8 of the California Health and 13 Safety Code (for provision of affordable housing) and to enforce existing covenants, contracts, or 14 other obligations; and 15 WHEREAS, based on the facts presented to the Commission, the Commission has 16 determined that the transfer of said real property and other cash assets of the Commission to the 17 City is appropriate and necessary at this time to pay previously incurred indebtedness, to comply 18 with Section 33333.8 of the California Health and Safety Code (for provision of affordable 19 housing) and to enforce existing covenants, contracts or other obligations as set forth within the 20 previously approved Cooperation, Reimbursement and Repayment Schedule Agreements 21 between the Commission and City; and 22 WHEREAS, the transfer of real property and cash of the Commission to the City will 23 accomplish the public purposes of implementing the South Carlsbad Coastal Redevelopment 24 Project Plan and achieving the goals and purposes of such Plan, sustaining the redevelopment 25 accomplished by the implementation of the Village Redevelopment Project Plan, expanding and 26 improving the community's supply of affordable housing, obtaining the benefits for the City of 27 28 1 the municipal uses to which the real property and cash will be put, enforcing the existing 2 covenants, contracts and other obligations arising from said redevelopment projects, and carrying 3 out and achieving the goals and purposes of the Cooperation Agreement between the City and 4 Commission; and 5 WHEREAS, the transfer of such real property and cash of the Commission to the City is 6 expressly authorized by the Aid, Assistance and Cooperation provisions of the California 7 Community Redevelopment Law (found in Sections 33220 et. seq of the California Health and 8 Safety Code) with or without financial consideration; and 9 WHEREAS, per Section 15301 of the State CEQA Guidelines, the transfer of the real 10 property and other assets noted is exempt from environmental review under CEQA because the 11 transfer will result in a continuation of an existing facility involving no expansion of use and is 12 therefore exempt from environmental review, and any future development proposed for the real 13 property or assets will require separate environmental review under CEQA before proceeding. 14 15 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Housing and 16 Redevelopment Commission of the City of Carlsbad, as follows: 17 1. The above recitations are true and correct. 18 1 Q 2. The Housing and Redevelopment Commission hereby APPROVES the transfer of the real property and other assets listed below, for use by the City for municipal purposes 20 consistent with all previously Cooperation, Reimbursement and Repayment Schedule Agreements for ongoing efforts to redevelop, revitalize, and/or eliminate blight in the 21 Village Area as authorized by redevelopment law in effect at the time of approval of said agreements, and/or partially repay the debt owed to the City of Carlsbad for previously 22 approved loans/advances from the City for operation of said Agency and implementation of the Village Redevelopment Project Area Plan: £j 24 /// 25 '"0 III 26 /// 27 28 \\ 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 4. 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 the transfer of said real property from the Carlsbad Redevelopment Agency to the City of Carlsbad, and to transfer the balance of funds within the low/mod housing set-aside fund for the Carlsbad Redevelopment Agency for both the Village and South Carlsbad Coastal Redevelopment Project Areas to the City of Carlsbad and/or the Carlsbad Housing Authority as determined to be appropriate by the Executive Director of the Agency and/or City Manager, and to make said funds available for developing or otherwise providing additional low income affordable housing opportunities within the City of Carlsbad. The Finance Director is hereby authorized on behalf of the Agency to transfer the cash available from the 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 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 opportunities for low income households within the City of Carlsbad. That the City will assume the obligation to maintain all real properties herein transferred to the usual, normal and customary standards as determined by the City Council. 6. The Housing and Redevelopment Commission authorizes the Executive Director of the 2 Agency to direct and execute any agreements or other documents required to allow for , said transfer of real property and other assets from the Agency to the City of Carlsbad, subject to prior approval of the City Attorney, acting as legal counsel for the Commission 4 and Agency. 5 7. The Housing and Redevelopment Commission authorizes the City Clerk, on behalf of the Carlsbad Redevelopment Agency, to execute the Certificates of Acceptance of the Deeds 6 to acknowledge the transfer of property ownership from the Housing and Redevelopment Commission to the City Council at the direction of the Executive Director of the Agency and upon preparation and subject to prior approval of the General Counsel. 8 9 /// 10 /// 11 /// 12 /// 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 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 PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the Carlsbad Housing and Redevelopment Commission and Carlsbad City Council held on the 8th day of March, 2011, by the following vote to wit: AYES: Commission Members Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ABSENT: None. LISA HILDABRAND, Secretary (SEAL)