HomeMy WebLinkAbout2011-03-08; Housing & Redevelopment Commission; Resolution 4981 HOUSING AND REDEVELOPMENT RESOLUTION NO. 498
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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
1 g 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
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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
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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.
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15 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Housing and
16 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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,g 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:
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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.
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6. The Housing and Redevelopment Commission authorizes the Executive Director of the
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.
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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 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)
= oY ESTABLISHED''; % -_