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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