HomeMy WebLinkAbout2023-03-14; City Council; Resolution 2023-081RESOLUTION NO. 2023-081
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, IDENTIFYING THE CITY'S PROJECT TEAM AND FUTURE
NEGOTIATING AGENTS RESPONSIBLE FOR EXPLORING OPTIONS FOR
POTENTIAL USES OF THE CITY-OWNED PARKING LOT PROPERTIES LOCATED
AT THE SHOPPES AT CARLSBAD, INCLUDING COMPLIANCE WITH THE
SURPLUS LAND ACT AND WORKING WITH THE REPRESENTATIVES FROM
BROOKFIELD PROPERTIES OR OTHER PARTIES IDENTIFIED THROUGH THE
SURPLUS LAND ACT PROCESS TOWARD THE LEASE OR SALE OF PROPERTIES
WHEREAS, the city-owned parking lot properties located at the Shoppes at Carlsbad are
comprised of 67.27 acres, with 56.97 acres located within the City of Carlsbad, and 10.3 acres located
within the City of Oceanside; and
WHEREAS, the city and Plaza Camino Real LP ent ered into a public parking lot operating
agreement in 1981 whereby Plaza Camino Real LP was required to operate and maintain the parking
lot properties; and
WHEREAS, the parking lot properties are currently being operated and maintained as a public
parking lot to serve The Shoppes at Carlsbad regional shopping center; and
WHEREAS, on Oct. 17, 2017, the City Council approved the Real Estate Strategic Plan, which
recommended that the city pursue the lease or sa le of the parking lot properties; and
WHEREAS, on Jan. 20, 2023, the owners of The Shoppes at Carlsbad regional shopping center,
Brookfield Properties, submitted a letter to the city requesting to negotiate the terms of either a lease
or purchase of the parking lot properties that su rround their shopping center; and
WHEREAS, the Surplus Land Act requires that before the city disposes of real property or
participates in negotiations to dispose of real property, including se lling the property or leasing it for
five years or more, the City Council must declare the property as either "surplus" or "exempt surplus,"
as supported by written findings; and
WHEREAS, California Government Code Section 54956.8 requires that a local agency hold an
open and public session in which it identifies its negotiators, the real property or properties which the
negotiations may concern, and the person or persons with whom its negotiators may negotiate; and
WHEREAS, staff recommend the City Council identify the city's project team and future
negotiating agents responsible for exploring options for potential use of the city-owned parking lot
properties located at The Shoppes at Carlsbad, including complying with the Surplus Land Act and
working with the representatives for Brookfield Properties or other parties identified through the
Surplus Land Act process toward the lease or sale of the property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the City Attorney; Deputy City Manager, Community Services; Real Estate Manager;
Community Development Director, and outside counsel (Procopio, Cory, Hargreaves &
Savitch LLP) are designated as the project team and future negotiating agents responsible
for exploring options for potential use of the city-owned parking lot properties located at
The Shoppes at Carlsbad, including complying with the Surplus Land Act and working with
representatives for Brookfield Properties or other parties identified through the Surplus
Land Act process toward the lease or sale of the property.
3. That the City Manager is authorized to take all actions on behalf of the city necessary and
appropriate to ensure compliance with the Surplus Land Act, including the execution of
documents, subject to their approval as to form by the City Attorney.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 14th day of March, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
SHERRY FREISINGER, City Clerk
(SEAL)