HomeMy WebLinkAbout2009-07-07; Housing & Redevelopment Commission; Resolution 473i
2 HOUSING AND REDEVELOPMENT RESOLUTION NO. 473
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A RESOLUTION OF THE HOUSING AND REDEVELOPMENT
4 COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA,
APPROVING CERTAIN ACTIONS AND FINANCING, AND
5 APPROPRIATING FUNDING FOR ACQUISITION OF PROPERTIES
AT 2829-2833 STATE STREET AND 405 OAK AVENUE BY THE
REDEVELOPMENT AGENCY OF THE CITY OF CARLSBAD FOR
7 REDEVELOPMENT PURPOSES
WHEREAS, the Redevelopment Agency of the City of Carlsbad, hereinafter referred to
as "Agency", is a Community Redevelopment Agency organized and existing under the
Community Redevelopment law, health and Safety Code Section 33000, et. Seq., hereinafter
referred to as the "Act"; and
12 WHEREAS, the Agency is authorized to implement the Redevelopment Plan for the
Carlsbad Village Redevelopment project Area; and
14 WHEREAS, the Housing and Redevelopment Commission, previously authorized
Redevelopment Agency Staff to enter into negotiations with City of Carlsbad staff to execute a
contract to purchase City-owned properties at 2829-2833 State Street and 405 Oak Avenue for
j7 the purposes of property redevelopment, area revitalization, blight elimination and economic
development; and
WHEREAS, Redevelopment Agency and City Staff have completed negotiations for the
2Q City to sell and the Commission, on behalf of the Agency, to acquire the properties at 2829-
2833 State Street and 405 Oak Avenue, under no threat of condemnation and with the consent of
22 the City at a fair market value, for redevelopment purposes as set forth above; and
23 WHEREAS, based on the facts presented to the Commission, the Commission has
24 determined that the acquisition of the subject property is consistent with the goals and objectives
25 of the Carlsbad Village Redevelopment Plan, the Village Master Plan and Design Manual, and
the 2005 - 2009 Village Redevelopment Area Implementation Plan; and
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1 WHEREAS, per Section 15301 of the State CEQA Guidelines, the acquisition of the
2 property is exempt from environmental review under CEQA because the acquisition will result
3 in a continuation of an existing facility involving no expansion of use and is therefore exempt
4 from environmental review, and any further development proposed at a later date will require
5 separate environmental review under CEQA before proceeding.
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7 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Housing and
8 Redevelopment Commission of the City of Carlsbad, as follows:
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1 . The above recitations are true and correct.
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2. The Housing and Redevelopment Commission previously provided authorization for the
, 2 negotiation of a purchase agreement with the City of Carlsbad for the properties at 2829-
2833 State Street and 405 Oak Avenue for redevelopment purposes.
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3. The Housing and Redevelopment Commission hereby APPROVES the purchase
14 agreement attached as Exhibit 3 and incorporated herein by reference which authorizes
the sale of City-owned properties at 2829-2833 State Street and 405 Oak Avenue to the
Carlsbad Redevelopment Agency for redevelopment purposes in the total amount of Four
Million Three Hundred Sixty Thousand dollars ($4,360,000) for the purposes of property
redevelopment, area revitalization, blight elimination and economic development, subject
j 7 to all terms and conditions set forth in the purchase agreement and related escrow
instructions, if applicable.
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19 4. The Finance Director is hereby authorized to transfer a total of Two Million Five
Hundred Thousand dollars ($2,500,000) from the cash balance of the Village
20 Redevelopment Operations Fund to the City's General Fund for partial payment by the
Commission, on behalf of the Carlsbad Redevelopment Agency, for said acquisition costs
of the subject City-owned properties.
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23 5. The Housing and Redevelopment Commission, on behalf of the Carlsbad Redevelopment
Agency, does hereby accept a loan from the City for the remaining property acquisition
24 costs of approximately One Million Eight Hundred Sixty Five Thousand dollars
($1,865,000), subject to the terms and conditions set forth in the previously approved
25 Reimbursement and Debt Repayment Schedule Agreements, as amended, between the
Council and Commission.
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1 6. The Finance director is hereby authorized to make the loan principal and interest
payments over time for the Commission, on behalf of the Carlsbad Redevelopment
2 Agency, through a transfer of said funds from the Village Redevelopment Operations
Fund to the City's General Fund, as appropriate and as redevelopment tax increment
funds are available for said payments.
4 7. The Housing and Redevelopment Commission authorizes the Commission Chairman to
5 execute the subject purchase agreement, and the Executive Director of the Carlsbad
Redevelopment Agency to execute all acquisition documents as deemed appropriate and
6 subject to prior approval of the City Attorney, who serves as legal counsel for the
Commission.
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8. The Housing and Redevelopment Commission authorizes the Secretary of the
° Commission to execute the Certificate of Acceptance of the Deed for the subject
property, on behalf of the Redevelopment Agency and subject to prior approval of the
General Counsel.
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PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the
Carlsbad Housing and Redevelopment Commission and Carlsbad City Council held on
the 7th day of July, 2009, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Packard and Blackburn.
NOES: None.
ABSENT: Council Member Hall.
^CLAUDE A LEWIS, Chairman
ATTEST:
ABkA"ND, Secretary
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