HomeMy WebLinkAbout2003-12-02; Housing & Redevelopment Commission; Resolution 3771
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HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 377
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT
COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA,
APPROVING A REIMBURSEMENT AGREEMENT BETWEEN THE
CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION AND
THE CITY OF CARLSBAD FOR PROJECTS TO BENEFIT THE
VILLAGE REDEVELOPMENT AREA
WHEREAS, the City Council of the City of Carlsbad (“City Council”) activated the Carlsbad
lousing and Redevelopment Commission (“Commission”) on October 16, 1979 and declared itself to
:onstitUte the Commission for the purposes of implementing redevelopment activities within the City of
3arlsbad; and
WHEREAS, the Commission is engaged in activities necessary to execute and implement the
<edevelopment Plan for the Village Redevelopment Project Area (“Project Area”); and
WHEREAS, pursuant to Section 33445(a) of the California Community Redevelopment Law
“CRL”) , the Commission may, with the consent of the City Council, pay all or part of the value of the
and for and the cost of the installation and construction of any building, facility, structure, or other
mprovements which is publicly owned either within or outside a project area, if the City Council makes
:ertain determinations; and
WHEREAS, pursuant to Section 33445(c) of the CRL, when the value of the land or the cost of
he installation and construction of the building, facility, structure or other improvement, or both, has
ieen, or will be, paid or provided for initially by the City, the Commission may enter into a contract with
he City under which the Commission agrees to reimburse the City for all or part of the value of the land
)r all or a part of the cost of the building, facility, structure, or other improvement, or both; and
WHEREAS, pursuant to Section 33678 of the CRL, the Commission may pay for employee or
,ontractual services of the City if the services are directly related to the purposes of redevelopment, as set
orth in Sections 33020 and 33021 of the CRL, and primarily benefit the Project Area (“Redevelopment
ictivity Costs”); and
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WHEREAS, the City Council has determined that it is in the best interests of the City and for the
common benefit of citizens residing in the City to provide for, among other things, the reimbursement to
the City for the following: (I) Redevelopment Activity Costs, and (2) the value of the land for and the
cost of the installation and construction of any building, facility, structure, or other improvements which
is publicly owned either within or outside the Project Area (“Development Costs”), specifically including,
but not limited to the Redevelopment Activity Costs and the Development Costs (collectively referred to
as “Costs”) in connection with the acquisition and construction of certain improvements, as more
specifically described in Section No. 1 of the Reimbursement Agreement (the “Project”); and
WHEREAS, the Project consists of one or more buildings, facilities, structures, or other
improvements which are or will be publicly owned and which are located both within and outside of the
Project Area. The City Council and Commission have determined that the Project is of benefit to the
Project Area; and
WHEREAS, in accordance with Sections 33445 and 33678 of the CRL, the Commission desires
to enter into this Agreement to provide for the reimbursement to the City of the Costs, specifically
including, but not limited to, the Costs of the Project, to the extent paid or provided for initially by the
City.
NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment
Commission of the City of Carlsbad as follows:
1. That the above recitations are true and correct.
2. Pursuant to the Reimbursement Agreement, attached hereto and incorporated herein,
the City agrees to pay or provide initially for any Costs associated with carrying out the Project in a cost
manner which does not exceed the maximum debt capacity of the Village Redevelopment Area.
3. Pursuant to the Reimbursement Agreement, the Commission agrees to reimburse the
City from and to the extent of taxes levied in the Project Area and allocated to the Commission under
subdivision (b) of Section 33670 of the CRL for all such Costs, with interest, from the date of expenditure
by the City until reimbursed at the rate of interest earned from time-to-time by the City on its portfolio of
investments.
HRC Resolution No. 377
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4. The Chairman of the Commission is hereby authorized to execute said
ieimbursement Agreement in substantially the form approved by the Housing and Redevelopment
:ommission, subject to the review and approval of the City Attorney.
PASSED, APPROVED AND ADOPTED at a special meeting of the Housing and
day of December, 2003, iedevelopment Commission of the City of Carlsbad, California, on the
iy the following vote, to wit:
2nd
AYES: Commissioners Lewis, Finnila and Kulchin
NOES: None
ABSENT: None
ABSTAIN: Commissioners Hall and
ATTEST:
RC Resolution No. 377
'age 3
REIMBURSEMENT AGREEMENT
(Public Improvements)
(Community Redevelopment Law Section 33445)
This REIMBURSEMENT AGREEMENT (“Agreement”) is entered into by and between
the CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION (“Commission”), a
body corporate and politic, and the City of Carlsbad, a municipal corporation (“City”) as of the
10 * day of , 2003.
REClTALS
A.
B.
C.
D.
E.
F.
The City Council of the City of Carlsbad (“City Council”), acting pursuant to the
provisions of the California Community Redevelopment Law (California Health and
Safety Code Section 33300, seq.) (“CRL”), declared a need for a Community
Development Commission, by Ordinance No. 1223, and activated the Commission, as the
Housing and Redevelopment Commission, on October 16, 1979.
The City Council previously declared itself to constitute the Commission for purposes of
implementing redevelopment activities within the City of Carlsbad.
The Commission is engaged in activities necessary to execute and implement the
Redevelopment Plan for the Village Redevelopment Project Area (“Project Area”).
Pursuant to Section 33445(a) of the CRL, the Commission may, with the consent of the
City Council, pay all or part of the value of the land for and the cost of the installation
and construction of any building, facility, structure, or other improvements which is
publicly owned either within or outside a project area, if the City Council makes certain
determinations.
Further, pursuant to Section 33445(c) of the CRL, when the value of the land or the cost
of the installation and construction of the building, facility, structure or other
improvement, or both, has been, or will be, paid or provided for initially by the City, the
Commission may enter into a contract with the City under which the Cornmission agrees
to reimburse the City for all or part of the value of the land or all or a part of the cost of
the building, facility, structure, or other improvement, or both.
Pursuant to Section 33678 of the CRL, the Commission may pay for employee or
contractual services of the City if the services are directly related to the purposes of
redevelopment, as set forth in Sections 33020 and 33021 of the CRL, and primarily
benefit the Project Area (“Redevelopment Activity Costs”).
REIMBURSEMENT AGREEMENT
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G. The City Council has determined that it is in the best interests of the City and for the
common benefit of citizens residing in the City to provide for, among other things, the
reimbursement to the City for the following: (1) Redevelopment Activity Costs, and (2)
the value of the land for and the cost of the installation and construction of any building,
facility, structure, or other improvements which is publicly owned either within or outside
the Project Area (“Development Costs”), specifically including, but not limited to the
Redevelopment Activity Costs and the Development Costs in connection with the
acquisition and construction of certain improvements, as more specifically described in
Section No. 1 below (the “Project”). Redevelopment Activity Costs and Development
Costs shall collectively be referred to herein as the “Costs”.
H. The Project consists of one or more buildings, facilities, structures, or other
improvements which are or will be publicly owned and which are located both within and
outside of the Project Area. The City Council and Commission have determined that the
Project is of benefit to the Project Area.
I. In accordance with Sections 33445 and 33678 of the CRL, the Commission desires to
enter into this Agreement to provide for the reimbursement to the City of the Costs,
specifically including, but not limited to, the Costs of the Project, to the extent paid or
provided for initially by the City.
1. Proiect Description. The Project is comprised of the following list of potential
improvements and services which the City agrees shall be initially provided by or paid for
by the City, .to be reimbursed by the Commission. The following projects shall be
prioritized by the Commission and shall be implemented in a cost manner which does not
exceed the maximum debt capacity of the Village Redevelopment Plan:
a. Village Green Proiect at or near the Northwest Corner of State Street and
Grand Avenue - Proposed improvements will consist of a “Village
Green”, flanked on two sides by mixed-use buildings consisting of
retailhestaurant uses on the ground floor and residential and/or office
space above. A joint parking structure is proposed to be constructed on
adjacent North County Transit District property to provide the required
parking for the mixed-use development and additional parking for Coaster
Station riders.
b. Proiect on Roosevelt Street - Proposed improvements will consist of a
multi-story parking structure flanked on up to three sides by ground floor
retail uses with residential andor office uses above. The parking structure
will provide parking for the on-site uses, as well as additional public
parking for the downtown area. The proposed location of this project is
REIMBURSEMENT AGREEMENT
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located on the east side of Roosevelt Street between Grand Avenue and
Carlsbad Village Drive.
C. Public Parking Structure - One or more multi-level or surface parking
structures or lots to be .located within or in close proximity to the
Redevelopment Project area, which will provide additional public parking
to the downtown area.
d. Enhanced Streetscape Improvements to North State Street - Proposed
improvements will include the design and construction of an enhanced
streetscape plan to promote greater pedestrian activity north of Grand
Avenue, including the following: acquisition of additional right-of-ways
where needed, installation of street trees, root barriers, tree grates, drip
irrigation systems, electrical conduits for outdoor lighting, decorative
paving, and new curbs, gutters, and sidewalks.
e. Enhanced Streetscape Improvements between Grand Avenue and Carlsbad
Village Dr. - Proposed improvements will include the design and
construction of an enhanced streetscape plan to promote greater pedestrian
activity, including the following; installation of street trees, root barriers,
tree grates, drip irrigation systems, electrical conduits for outdoor lighting,
decorative paving, and new curbs, gutters, and sidewalks. The project area
consists of the public right-of-way on both sides of Jefferson Street,
Madison Street, Roosevelt Street, and State Street extending from Grand
Avenue to Carlsbad Village Drive.
f. Conversion of On-Street Parallel Parking to Diagonal Parking - A traffic
analysis will be conducted by the City and engineering drawings will be
developed by the City to assess: (i) the total number of spaces which will
be provided by the conversion of on-street parallel parking to diagonal
parking, and (ii) the impact on through traffic on Grand Avenue and
Madison Street and all surrounding streets as a result of such conversion.
Based on the foregoing, if the City determines it will pursue the
conversion of the on-street parking, the improvements may include the
construction of road improvements.
g. Right of Way Analysis and Conceptual Streetscape Plan - A
comprehensive right-of-way analysis will be conducted by the City to
determine how to maximize on-street parking in the Project Area. The
analysis will identify existing right-of-way and potential right-of-way to be
obtained from future development in order to maximize on-street parking.
The analysis will also include drawings depicting design standards for
maximizing utilization of right-of-ways for purposes of providing
additional public parking and enhanced landscaping.
REIMBURSEMENT AGREEMENT
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h. Miscellaneous Street Improvements - Proposed improvements may
include street widening and curb, gutter, and sidewalk improvements at all
locations within the Project Area where standard road improvements do
not currently exist, including, but not limited to the following locations:
Madison Street between Arbuckle and Laguna Drive and portions of
Grand Avenue east of Jefferson Street. The street improvements will also
include the acquisition of additional right-of-ways where needed.
1. Enhanced Entrvwav Treatment - An engineering analysis will be
conducted by the City and a design solution will be developed by the City
to modify the intersection of Carlsbad Boulevard and State Street, which
serves as the northernmost entrance to the Village. The modifications may
include a realignment of southbound Carlsbad Boulevard, the installation
of a traffic signal or a roundabout, and the installation of a pedestrian
pathway on State Street and Carlsbad Boulevard to the intersection at
Oceanside, providing that the City determines that the pathway is feasible
from both a physical and financial standpoint.
2. Development Costs. In addition to the Development Costs of the Project, the
Commission hereby agrees that the following, for purposes of this Agreement, shall
constitute Development Costs for which the Commission will reimburse the City, to the
extent such Development Costs are paid or provided for initially by the City: (a) the value
of the land for and the cost of the installation and construction of any building, facility,
structure, or other improvements which are publicly owned either within or without the
Project Area, and (b) the cost of the construction, expansion, addition to, or
reconstruction of, buildings, facilities, structures or other improvements which are
publicly owned. “Development Costs”, for purposes of this Agreement, shall not include
the normal maintenance or operation of buildings, facilities, structures or other
improvements which are publicly owned.
3. Redevelopment Activity Costs. In addition to the Redevelopment Activity Costs of the
Project, the Commission hereby agrees that, for purposes of this Agreement,
Redevelopment Activity Costs for which the Commission will reimburse the City shall
include the cost of employee or contractual services provided by the City, to the extent
such services are paid for initially by the City and are directly related to the following: (a)
the planning, development, replanning, redesign, clearance, reconstruction, or
rehabilitation, or any combination of these, of all or part of a survey area, and the
provision of those residential, commercial, industrial, public, or other structures or spaces
as may be appropriate or necessary in the interest of the general welfare, including
recreational and other facilities incidental or appurtenant to them, (b) the alteration,
improvement, modernization, reconstruction, or rehabilitation, or any combination of
these, of existing structures in the Project Area, (c) the provision for open-space types of
use, such as streets and other public grounds and space around buildings, and public or
REIMBURSEMENT AGREEMENT
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private buildings, structures and improvements, and improvements of public or private
recreation areas and other public grounds, (d) the replanning or redesign or original
development of undeveloped areas as to which either of the following conditions exist:
(1) the areas are stagnant or improperly utilized because of defective or inadequate street
layout, faulty lot layout in relation to size, shape, accessibility, or usefulness, or for other
causes; or (2) the areas require replanning and land assembly for reclamation or
development in the interest of the general welfare because of widely scattered ownership,
tax delinquency, or other reasons.
4. Reimbursement. To the extent the City pays or provides initially for any Costs, the
Commission agrees to reimburse the City from and to the extent of taxes levied in the
Project Area and allocated to the Commission under subdivision (b) of Section 33670 of
the CRL for all such Costs, with interest, from the date of expenditure by the City until
reimbursed, at the rate of interest earned from time-to-time by the City on its portfolio of
investments. The Commission’s obligation under this Agreement shall constitute an
indebtedness of the Commission for the purpose of carrying out the redevelopment of the
Project Area.
5. Binding on Successors. This Agreement shall be binding on the Commission and the
City, and their successors and assigns.
6. Further Action. The parties shall execute such other documents and shall take such other
action as may be reasonably necessary to further the purposes of this Agreement.
7. Invalidity. If any provision of this Agreement is determined by a court of competent
jurisdiction to be illegal, invalid or enforceable, such provision will be deemed to be
severed and deleted from the Agreement as a whole and neither such provision, nor its
severance and deletion shall in any way affect the validity of the remaining provisions of
this Agreement.
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REIMBURSEMENT AGREEMENT
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i ‘3
CARLSBAD HOUSING AND REDEVELOPMENT
Approved as to form:
By : A+/-
[Signatures continue on following page.]
REIMBURSEMENT AGREEMENT
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Approved as to form:
.
By:
/%+pity Attorney
REIMBURSEMENT AGREEMENT
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