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HomeMy WebLinkAbout2009-12-22; Housing & Redevelopment Commission; 421; Acquisition of property at 3045 State StreetHOUSING AND REDEVELOPMENT COMMISSION 1 6 AGENDA BILL AB# MTG. DEPT. 421 12/22/09 Title Acquisition of Property 3045 State Street DEPT. HEAD/tft^^ CITYATTY. ^^- CITY MGR. (jj RECOMMENDED ACTION: ADOPT Housing and Redevelopment Commission Resolution No. 481 . authorizing the Executive Director of the Carlsbad Redevelopment Agency to execute all appropriate acquisition documents, and for the Secretary of the Redevelopment Agency to execute the Certificate of Acceptance of the Deed for the purchase of property at 3045 State Street for the purposes of public parking, area revitalization and/or bjjght elimination. ITEM EXPLANATION: The property at 3045 State Street was offered to the Carlsbad Redevelopment Agency for purchase by the current owners. After a comprehensive review of the benefits related to Agency ownership of the subject property, staff recommended and the Commission previously authorized negotiations to purchase said property. City staff and the property owners prepared and executed the attached escrow instructions, and are now prepared to close the purchase transaction and record the Deed with approval of the Housing and Redevelopment Commission. With approval of a finding by the Commission that the acquisition is consistent with the goals and objectives of the Village Master Plan and Design Manual, Village Redevelopment Plan and the General Plan, and will ultimately result in the elimination of blight or a blighting influence within the Village, the Agency will be able to complete the purchase transaction and assume ownership of the subject property. Staff is recommending that the Housing and Redevelopment Commission make the appropriate findings and authorize the Agency's Executive Director to execute all documents to complete acquisition of said property and for the Secretary of the Redevelopment Agency to execute the Certificate of Acceptance of the Deed, on behalf of the Carlsbad Redevelopment Agency, and to place the property into the Redevelopment Agency's property inventory. Consistency with the Goals and Objectives of the Village Master Plan and Design Manual The Village Master Plan and Design Manual indicates that stimulating property improvements and new development in the Village is a top priority. To assist in stimulating these improvements and new development, public parking is a key factor. The Agency's Parking In- Lieu Fee Program is contingent upon an adequate inventory of public parking spaces throughout the Village. This property acquisition will allow for the immediate provision of 50 public parking spaces on State Street, which is within a core retail shopping area. DEPARTMENT CONTACT: Debbie Fountain 760-434-2815 debbie.fountain@carlsbadca.gov FOR CITY CLERKS USE ONLY. COMMISSION ACTION: APPROVED (S- DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D Page 2 This parking lot will support the existing retail developments, as well as encourage new development by allowing for the continuation of the parking in-lieu fee program. The Carlsbad Redevelopment Agency's Five Year Implementation Strategy includes a goal to purchase property to use as an incentive for other developers to construct desired housing and/or commercial projects within the Village. Therefore, this property acquisition is also consistent with the Village Area Implementation Plan. Consistency with Village Redevelopment Plan The primary goal for the Village Redevelopment Project Area is to "create a pleasant, attractive, accessible environment for living, shopping, recreation, civic, cultural and service functions through the elimination of blighting influences and through restoration and new, private/public development which preserve and enhance the existing character of the Village Area and surrounding community." This project will provide for public parking which will help to support the existing businesses and/or developments within the Village Area, and assist with the revitalization effort. The main objective of any Redevelopment Project Area is to eliminate blight and blighting influences that presently exist in the project area. The underutilization of properties in the area and redevelopment of those sites is dependent on the provision of public parking to allow for more intense, desirable development including mixed use projects with housing and retail. The site had been fenced with chain link for nearly a year. This fencing was unattractive and a source of visual blight. A fenced property is not being appropriately used and therefore represents both physical as well as economic blight. This property acquisition by the Carlsbad Redevelopment Agency and use of the property as a public parking lot with attractive landscaping will eliminate these blighting influences. The Agency will also maintain the property in a blight-free manner until such time as further development might be appropriate on the site. General Plan Consistency The objective for the Village as set forth in the General Plan is "to implement the Redevelopment Plan by developing a comprehensive plan to address the unique residential and commercial needs of this segment of the community." Purchase of the subject property is consistent with the General Plan because it will provide for public parking which will address the unique residential and commercial needs of surrounding development and assist with the long term plan to revitalize the area as set forth within the Village Master Plan and Design Manual. The Village Redevelopment Plan authorizes the Carlsbad Redevelopment Agency to acquire all real property located with the project area. The Commission, however, is not compelled to acquire said property. In this particular case, there are appropriate reasons to purchase said property and staff is recommending that the Commission proceed with the acquisition. FISCAL IMPACT: The negotiated price for the subject property is $1,125,000. With taxes, escrow fees and other related fees as set forth within the purchase agreement (including Phase I Environmental and ALTA Survey professional services), the total cost of the acquisition is estimated at $1,150,000. The property is being purchased under no threat of condemnation, and there are no existing Page 3 tenants/leases which require any type of relocation benefits. It is recommended that the property be purchased with, and all related fees be paid with, Parking In-Lieu Fee Funds. There is a current available balance of approximately $1.5 million within this fund. These funds may be used for the purpose of purchasing property for public parking and/or for construction, maintenance and other costs associated with public parking in the Village Area of Carlsbad. There are adequate Parking In-Lieu Fee funds available to the Commission to purchase the subject property and pay all related costs. ENVIRONMENTAL IMPACT: The action to purchase the subject property is exempt from environmental review pursuant to Section 15301 of the State CEQA Guidelines because the acquisition will result in the continuation of an existing facility (public parking lot) involving no expansion of use. Any new construction at a subsequent date or any change in use will require separate environmental review under CEQA. EXHIBITS: 1. Housing and Redevelopment Commission Resolution No. 481, approving purchase of the subject property with the appropriate findings, and authorizing the Agency's Executive Director to execute all appropriate acquisition documents and for the Secretary, on behalf of the Carlsbad Redevelopment Agency, to execute the Certificate of Acceptance of the Deed upon receipt from Chicago Title. 2. Escrow Documents and Purchase Agreement, (on file in the Office of the City Clerk) 1 RESOLUTION NO. 2 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING CERTAIN 3 ACTIONS AND APPROPRIATING FUNDING FOR ACQUISITION OF PROPERTY AT 3045 STATE STREET BY THE REDEVELOPMENT AGENCY OF THE CITY OF CARLSBAD TO PROVIDE PUBLIC PARKING RESOURCES 5 AND/OR OTHER ECONOMIC DEVELOPMENT OPPORTUNITIES FOR THE VILLAGE AREA 6 WHEREAS, the Redevelopment Agency of the City of Carlsbad, hereinafter 7 referred to as "Agency", is a Community Redevelopment Agency organized and existing under the Community Redevelopment Law, Health and Safety Code Section 33000, et. 8 Seq., hereinafter referred to as the "Act"; and 9 WHEREAS, the Agency is authorized to implement the Redevelopment Plan for the Carlsbad Village Redevelopment Project Area; and j j WHEREAS, the Agency is authorized by Section 33445 of the Act to pay all or part of the value of land for and the cost of the installation and construction of any \2 building, facility, structure, or other improvement which is publically owned and benefits the project area or the immediate neighborhood; and 13 WHEREAS, the acquisition of property by the Housing and Redevelopment 14 Commission, on behalf of the Carlsbad Redevelopment Agency, is authorized by Part V- A-2 of the Carlsbad Village Project Area Redevelopment Plan, originally adopted in 1981; 15 and WHEREAS, the Carlsbad Village Redevelopment Area has a need for additional j 7 public parking to support the economic development activities within the area and said parking will have a substantial benefit to the Redevelopment Project Area, as well as the 18 remainder of the community; and 19 WHEREAS, the current property owners of the private property at 3045 State Street offered to sell their property to the Carlsbad Redevelopment Agency for the 20 purposes of providing public parking and/or other economic development opportunities in the future as appropriate; and WHEREAS, the Housing and Redevelopment Commission previously authorized the Executive Director of the Carlsbad Redevelopment Agency and other appropriate 23 Agency staff to enter into negotiations and execute a contract to purchase said property at 3045 State Street for public parking purposes and/or other economic development 24 opportunities in the future as appropriate; and 25 WHEREAS, Redevelopment Agency staff has completed said negotiations with the current property owners to acquire the property at 3045 State Street, under no threat of 26 condemnation and at a fair market value, as determined by a fair market value appraisal completed on September 29, 2009; and 27 WHEREAS, based on the facts presented to the Commission, the Commission has determined that the acquisition of the subject property is consistent with the goals and objectives of the Carlsbad Village Redevelopment Plan, the Village Master Plan and 1 Design Manual, the Village Redevelopment Area Implementation Plan and the General Plan; and 2 WHEREAS, the action to purchase the subject property is exempt from 3 environmental review pursuant to Section 15301 of the State CEQA Guidelines because the acquisition will result in the continuation of an existing facility (public parking lot) involving no expansion of use. Any new construction at a subsequent date or any change in use will require separate environmental review under CEQA. 6 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Housing and Redevelopment Commission of the City of Carlsbad as follows: 7 1. The above recitations are true and correct.8 2. The Housing and Redevelopment Commission previously authorized the Executive Director of the Carlsbad Redevelopment Agency and appropriate 10 staff to negotiate and execute a purchase agreement for the property at 3045 State Street within the Village Redevelopment Area of Carlsbad for the 11 purposes of providing public parking and/or other economic development opportunities in the future as appropriate for Village redevelopment. 12 3. The Housing and Redevelopment Commission hereby approves the acquisition 13 of the property at 3 045 State Street (APN 203 -296-06) by the Carlsbad Redevelopment Agency in the amount of one million one hundred and twenty- five thousand dollars ($1,125,000) for the purpose of providing public parking 15 within the Village Redevelopment Area of Carlsbad, and for future economic development opportunities as appropriate, subject to all terms and conditions 16 set forth in the previously executed purchase agreement and related escrow instructions. 17 4. The Housing and Redevelopment Commission hereby additionally approves the payment of taxes, escrow fees and other related fees as set forth within said . g purchase agreement to complete said transaction, including the costs of professional fees for the Phase I Environmental and ALTA Survey. 20 21 5. The Housing and Redevelopment Commission authorizes the Finance Director to appropriate and approve the expenditure of funds from the Village Parking 22 In-Lieu Fee Fund to pay all costs for said acquisition as noted above and as set forth within the approved purchase agreement. 23 6. The Housing and Redevelopment Commission authorizes the Executive Director of the Carlsbad Redevelopment Agency to execute all appropriate acquisition documents as deemed appropriate and subject to prior approval of the City Attorney. 27 7. The Housing and Redevelopment Commission authorizes the Secretary of the 28 Redevelopment Agency to execute the Certificate of Acceptance of the Deed for the subject property, upon preparation by the Escrow Officer and on behalf of the Redevelopment Agency. /& 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 Special Meeting of the Housing and Redevelopment Commission of the City of Carlsbad on the 22nd day of December. 2009, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Hall, and Blackburn. NOES: None. ABSENT: Council Member Packard. CLAUDE A. LEWIS, CHAIRMAN ATTEST: LISA HILDABRAND, SECRETARY (SEAL) of ESTABLISHED \\ 1970 j| STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. I, Lisa Hildabrand, Secretary of the Housing and Redevelopment Commission of the City of Carlsbad, County of San Diego, State of California, hereby certify that I have compared the foregoing copy with the original RESOLUTION NO.481 APPROVING CERTAIN ACTIONS AND APPROPRIATING FUNDING FOR ACQUISITION OF PROPERTY AT 3045 STATE STREET BY THE REDEVELOPMENT AGENCY OF THE CITY OF CARLSBAD TO PRODIVE PUBLIC PARKING RESOURCES AND/OR OTHER ECONOMIC DEVELOPMENT OPPORTUNITIES FOR THE VILLAGE AREA, with the original now on file in the Office of the City Clerk of the City of Carlsbad; that the same contains a full, true and correct transcript therefrom and of the whole thereof. Witness my hand and the seal of said Housing and Redevelopment Commission, this 23rd day of December, 2009. LISA HILDABRAND, Secretary (SEAL) .MU.../,,, % '• i9'-'0 .•' o"o • / * • ...-'" *,-