HomeMy WebLinkAbout2011-12 URA property conveyanceRESOLUTION NO. 2011-12
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING AN
AGREEMENT FOR THE CONVEYANCE OF AGENCY PROPERTY TO THE CITY OF UKIAH
AND MAKING CERTAIN FINDINGS THAT THE CONVEYANCE WILL BE USED FOR
REDEVELOPMENT PURPOSES IN CONFORMITY WITH THE REDEVELOPMENT PLAN AND
THE BENEFIT THE UKIAH REDEVELOPMENT PROJECT AREA
WHEREAS, pursuant to the Community Redevelopment Law of the State of California (Health and
Safety Code Section 33000 et seq.), the Redevelopment Agency of the City of Ukiah ("Agency") is carrying
out the Redevelopment Plan for the Ukiah Redevelopment Project Area ("Redevelopment Project Area");
and
WHEREAS, in furtherance of the Redevelopment Plan, the Agency adopted a Five-Year
Implementation Plan, as required by Health and Safety Code Section 33490, covering the period 2007-2012
("Implementation Plan); and
WHEREAS, in furtherance of its effort to eliminate economic and physical blight in the project area,
the Agency expended $3.3 Million to assemble acreage previously owned by multiple owners and $700,000
to purchase an option on additional property in order to facilitate the development of the Redwood Business
Park; and
WHEREAS, the Agency has been involved in the preparation of and approved an Exclusive
Negotiating Agreement ("ENA") with Costco Wholesale Corporation at the Redwood Business Park in an
effort to assist in the elimination of economic and physical blight through focused and intense efforts by
encouraging new business investment, commercial tenancy and job creation in this high vacancy commercial
facility to enhance the community; and
WHEREAS, Section 33678 of the Community Redevelopment Law provides that the portion of
taxes allocated to the Agency pursuant to Section 33670(b) of the Community Redevelopment Law (Tax
Increments) will not be deemed the receipt or appropriation of proceeds for the purposes of Article XIII.B. of
the California Constitution so long as such Tax Increments are used for redevelopment activity which
primarily benefits the redevelopment project area; and
WHEREAS, in order to facilitate the implementation of the redevelopment plan and the
redevelopment of the project area, the Agency has determined to convey and the City has agreed to accept
certain parcels of Agency real property designated by Mendocino County Assessor Parcel Numbers and
location on the attached spreadsheet which is incorporated herein by reference. ("the Transferred Property");
and
WHEREAS, parcels 12-28 on the attached spreadsheet ("Redevelopment Parcels") were acquired for
the purposes described above; and
WHEREAS, parcels 3-4 and 7-11 (the "Housing Parcels") on the attached spreadsheet were acquired
with Agency funds set aside for low and moderate income housing; and
WHEREAS, parcel 5 ("Main Street Parking Lot") and parcel 6 ("Thomas Plaza") on the attached
spreadsheet are public improvements which the City is responsible to operate and maintain; and
WHEREAS, the City will use the Housing Parcels to provide low and moderate income housing; and
WHEREAS, the City will operate and maintain the Main Street Parking Lot and the Thomas Plaza as
public facilities and improvements with the same discretion as the City exercises in its ownership and use of
other City property used for similar purposes; and
WHEREAS, the City shall be responsible for conducting environmental review prior to its approval
of the use or disposal of the Transferred Property, and in any future disposition of said property, the City
shall strictly comply with the Community Redevelopment Law; and
WHEREAS, the Agency and City have entered a Project Funding Agreement to provide certain
public improvements that will benefit the Redevelopment Parcels.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ukiah as follows:
Section 1. The City Council hereby finds and determines that the Project and the conveyance of the
Transferred Property are of primary benefit to the Redevelopment Project Area by helping to eliminate blight
within the Redevelopment Project Area and that the conveyance of the Transferred Property to the City is
consistent with the Implementation Plan adopted by the Agency pursuant to Section 33490 of the
Community Redevelopment Law. These findings and determinations are based on the following facts:
a) The major goals and objectives of the Redevelopment Plan include, among others, the
elimination of blighting influences and the correction of environmental deficiencies in the Redevelopment
Project Area, including, among others, inadequate or deteriorated public improvements, facilities and
utilities; the strengthening of retail and other commercial functions in the Redevelopment Project Area; the
strengthening of the economic base of the Redevelopment Project Area and the community by the
installation of needed site improvements to stimulate new residential commercial and light industrial
expansion, employment and social and economic growth; and the replanning, redesign and development of
portions of the Redevelopment Project Area which are stagnant or improperly utilized. The Redevelopment
Plan provides the Agency with powers, duties and obligations for the redevelopment, rehabilitation and
revitalization of the area within the Redevelopment Project Area.
(b) As set forth in Section 33031 of the Community Redevelopment Law, conditions that cause
blight include, among others, substandard, defective or obsolete design or construction; faulty or inadequate
utilities, or other similar factors; depreciated or stagnant property values; abnormally high business
vacancies, low lease rates and abandoned buildings; and a high crime rate that constitutes a serious threat to
the public safety and welfare. Conveyance of the Transferred Property is consistent with the types of
projects and programs identified in the Redevelopment Plan and the Implementation Plan that will stimulate
and encourage further redevelopment and private investment in the Redevelopment Project Area and increase
the supply of low income housing.
Section 2. Pursuant to Section 33678 of the Community Redevelopment Law, the City Council
further determines that conveyance of the Transferred Property to the City are redevelopment activities as
prescribed in Sections 33020 and 33021 of the Community Redevelopment Law, and that said conveyance
will primarily benefit the Redevelopment Project Area.
Section 3. The City Council hereby approves the Agreement for the Purchase and Sale of Real
Property attached hereto and directs and authorizes the City Manager to execute the agreement and to accept
the conveyance and arrange for the recordation of the conveyance deeds. The City Manager is further
authorized and directed to take all actions and execute such documents as may be necessary to carry out the
conveyance of the Transferred Property to the City.
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Section 4. The Transferred Property shall be used by the City to further the purposes of
redevelopment of the Project Area. Any future disposition of the Transferred Property shall comply with the
Community Redevelopment Law. Any funds produced from the disposition of the Transferred Property shall
be used to benefit the Project Area and the purposes of redevelopment. cy Secretary. The City Manager is
authorized and directed to execute the Funding Agreement on behalf of the City, subject to any minor,
clarifying or technical modifications approved by City Attorney.
DULY AND REGULARLY ADOPTED by the City Council of the City of Ukiah this 2nd day of
March, 2011.
AYES: Councilmembers Landis, Thomas, Crane, Baldwin, and Mayor Rodin
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
Mari Rodin, Mayor
ATTEST: OtA'-Vt~
JoAnne Currie, City Clerk
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