Legislation Details

File #: HIST-2055    Version: 1 Subject:
Type: Historical Status: Action Item
In control: City Council Meeting Agenda
On agenda: 3/20/2006 Final action: 3/20/2006
Title: Consideration to 1) Adopt Resolutions Approving the Acceptance of Agency Funds for Acquisition of Properties Located at 8846 National Boulevard and 4064 Colonial Avenue, and Ratification and Approval of such Acquisitions for Public Improvements; 2) Approval of Budget Amendment Transferring Agency Funds to the City General Fund; and 3) Approval of Letters of Acquisition in Lieu of Condemnation.
Attachments: 1. J-1__06_03_20 CC WA-National and WA-Centinela Properties staff report3.doc, 2. J-1__06_03_20 CC WA-National and WA-Centinela Properties staff report3 cover sheet.doc, 3. J-1__06_03_20 CC WA-National and WA-Centinela Properties Attachments.doc
City of Culver City, California City Council Agenda Item Report RECOMMENDATION: Staff recommends that the Culver City City Council (the “Council”) 1) adopt resolutions approving the acceptance of Culver City Redevelopment Agency (the “Agency”) funds for acquisition of properties located at 8846 National Boulevard and 4064 Colonial Avenue, and ratification and approval of such acquisitions for public improvements; 2) approval of budget amendment transferring Agency funds to the Culver City General Fund; and 3) approval of letters of acquisition in lieu of condemnation. This item requires a 4/5ths vote. BACKGROUND: Staff has been working to acquire the following two properties: Washington-National: Staff has been working to acquire the property located at 8846 National Boulevard, which is within the Washington National project area. The Metro Motel, although a part of the overall development project, is not a part of the Redevelopment Project area. Acquiring this property is essential to achieving the public improvements planned for the project. This project will include a public parking garage that will run the length of the project site, and include a public plaza for both Metro riders and the general public. Meeting Date: March 20, 2006 Item Number: J-1 AGENDA ITEM: Consideration to 1) Adopt Resolutions Approving the Acceptance of Agency Funds for Acquisition of Properties Located at 8846 National Boulevard and 4064 Colonial Avenue, and Ratification and Approval of such Acquisitions for Public Improvements; 2) Approval of Budget Amendment Transferring Agency Funds to the City General Fund; and 3) Approval of Letters of Acquisition in Lieu of Condemnation. Contact Person/Dept.: Alicia Weintraub Joe Susca Phone Number: (310) 253-5778/5763 Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No [] Public Hearing: [] Action Item: [X] Attachments: [X] Public Notification: Master Notification List (03/16/06) Department Approval: Susan Evans (03/16/06) CAO Approval: Jerry B. Fulwood (03/16/06) City Controller Approval: Marlee Chang (03/16/06)City of Culver City, California City Council Agenda Item Report Washington-Centinela: Staff has been working to acquire the property located at 4064 Colonial Avenue, a single family house for inclusion in the Washington- Centinela project area. The property, although a part of the overall development project, is not a part of the Redevelopment Project area. Acquiring this property is essential to achieving the public improvements planned for in the project. The majority of the 4064 Colonial Avenue property will be used to construct a thirty-foot wide public alley to enhance vehicular traffic flows and safety adjacent to the project. California Health and Safety Code (HS) Section 33445 requires the Council to find: 1) the use of Agency funds outside a redevelopment project area is of benefit to the project area funding the improvement; 2) there is no other reasonable means of financing the improvements; 3) the expenditure is consistent with the Agency’s implementation plan; and 4) that funding public improvements will assist in the elimination of one or more blighting conditions inside the project area or assist in providing affordable housing. These projects meet all of the HS 33445 requirements. DISCUSSION: The total amount for purchase of both properties is $5,666,701. The Metro Motel offer and agreement includes purchase of the motel at fair market value, compensation for all furniture, fixtures and equipment, and loss of goodwill. The 4064 Colonial property offer and agreement includes its fair market value and relocation expenses. Due to the circumstances, staff believes it is appropriate to issue letters of acquisition in lieu of condemnation for the properties. The property owners are aware of such letters, which may have tax benefits for the owners. FISCAL ANALYSIS: There are adequate funds in the Agency budget for these purchases. Funds will be transferred from the 2002 Bonds Fund (Agency Budget) to the City’s General Fund. ATTACHMENTS: 1) Resolutions 2) Acquisition LettersCity of Culver City, California City Council Agenda Item Report MOTION: That the Council: 1. Approve a budget amendment transferring $5,666,701 of Agency funds to the City General Fund; This item requires a 4/5 th affirmative vote 2. Adopt resolutions approving the acceptance of Agency funds for the acquisition of property located at 8846 National Boulevard and 4064 Colonial Avenue and ratification and approval of such acquisitions for public improvements; and 3. Approve the execution of letters of acquisition in lieu of condemnation for the properties, and authorize the Community Development Director to execute the letters on behalf of the City. MEETING DATE: 03/20/06 AGENDA ITEM: Consideration to 1) Adopt Resolutions Approving the Acceptance of Agency Funds for Acquisition of Properties Located at 8846 National Boulevard and 4064 Colonial Avenue, and Ratification and Approval of such Acquisitions for Public Improvements; 2) Approval of Budget Amendment Transferring Agency Funds to the City General Fund; and 3) Approval of Letters of Acquisition in Lieu of Condemnation. ATTACHMENTS Pages 1 Resolutions 1-6 2 Acquisition Letters 7-8 (R- ________) RESOLUTION NO. 2006-R A RESOLUTION OF THE COUNCIL OF THE CITY OF CULVER CITY MAKING CERTAIN DETERMINATIONS AND FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 AND CONSENTING TO THE AGENCY ASSISTING IN THE FUNDING OF THE PURCHASE OF PROPERTY AND THE CONSTRUCTION OF PUBLIC IMPROVEMENTS LOCATED AT THE INTERSECTIONS OF WASHINGTON BOULEVARD AND CENTINELA AVENUE WHEREAS, the Redevelopment Agency of the City of Culver City [Agency] is engaged in activities necessary to execute and implement the Redevelopment Plan; and WHEREAS, pursuant to Section 33445(a) of the California Community Redevelopment Law (Cal. Health & Safety Code 33000 et seq.) [Redevelopment Law], the Agency may, with the consent of the City Council [City Council] of the City of Culver City [City], pay for all or a part of the value of the land and the cost of the installation and construction of any building, facility, structure, or other improvement which is publicly owned either within or outside a project area, if the City Council makes certain determinations; and WHEREAS, the Agency is considering the use of tax increment from the Project to assist with the funding of a new public improvement located in Redevelopment Component Area Number 4; and WHEREAS, the Public Improvement involves the construction of a thirty-foot wide public alley that relocates and expands the width of the existing public alley that runs behind the Centinela Avenue and Colonial Avenue properties on this block for use by the general public. This public improvement will be located within the Project and will be publicly owned; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred; NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Culver City, as follows: 1. The City Council hereby finds and determines that the foregoing recitals are true and correct. 2. Based on substantial evidence in the record, the City Council hereby finds and determines that: a. The public improvement is of benefit to the Project or the immediate neighborhood in which the public improvement is located; b. No other reasonable means of financing the public improvement are available to the City; and c. The payment of funds by the Agency for the costs related to the public improvement will assist in the elimination of one or more blighting conditions within the Project and is consistent with the implementation plan for the Redevelopment Plan. 3. The City Council approves the acquisition of the property. Formatted: Bullets and Numbering4. The City Council hereby consents to the Agency assisting in the funding of the construction of the public improvement which will include construction of a thirty-foot wide public alley that relocates and expands the width of the existing public alley that runs behind the Centinela Avenue and Colonial Avenue properties on this block for use by the general Public. 5. The Community Development Director is authorized to take any action and execute any and all documents and agreements necessary to implement this Resolution. APPROVED and ADOPTED this _____ day of __________ 2006. Albert Vera City of Culver City ATTEST: APPROVED AS TO FORM: Christopher Armenta, City Clerk Carol Schwab City Attorney (R- ________) RESOLUTION NO. 2006-R A RESOLUTION OF THE COUNCIL OF THE CITY OF CULVER CITY MAKING CERTAIN DETERMINATIONS AND FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 AND CONSENTING TO THE AGENCY ASSISTING IN THE FUNDING OF THE ACQUISTION OF PROPERTY AND THE FUNDING OF THE CONSTRUCTION OF PUBLIC IMPROVEMENTS LOCATED AT THE INTERSECTIONS OF WASHINGTON, NATIONAL AND EXPOSITION BOULEVARDS (8846 NATIONAL BOULEVARD) WHEREAS, the Redevelopment Agency of the City of Culver City [Agency] is engaged in activities necessary to execute and implement the Redevelopment Plan; and WHEREAS, pursuant to Section 33445(a) of the California Community Redevelopment Law (Cal. Health & Safety Code 33000 et seq.) [Redevelopment Law], the Agency may, with the consent of the City Council [City Council] of the City of Culver City [City], pay for all or a part of the value of the land and the cost of the installation and construction of any building, facility, structure, or other improvement which is publicly owned either within or outside a project area, if the City Council makes certain determinations; andWHEREAS, the Agency is considering the use of tax increment from the Project to assist with the funding of a new public improvement located in Redevelopment Component Area Number 3; and WHEREAS, the Public Improvement involves the construction of a public parking garage that will run the length of the project and will include a Public plaza for both Metro riders and the general public. This public improvement will be located within the Project and will be publicly owned; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred; NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Culver City, as follows: 1. The City Council hereby finds and determines that the foregoing recitals are true and correct. 2. Based on substantial evidence in the record, the City Council hereby finds and determines that: a. The public improvement is of benefit to the Project or the immediate neighborhood in which the public improvement is located; b. No other reasonable means of financing the public improvement are available to the City; and c. The payment of funds by the Agency for the costs related to the public improvement will assist in the elimination of one or more blighting conditions within the Project and is consistent with the implementation plan for the Redevelopment Plan. 3. The City Council hereby ratifies the Purchase and Sale Agreement dated March 10, 2006 for the acquisition of the property. 4. The City Council hereby consents to the Agency assisting in the funding of the purchase of property and the construction of the public improvement which will include a public parking garage that will run the length of the project and will include a public plaza for both Metro riders and the general public. 5. The Community Development Director is authorized to take any action and execute any and all documents and agreements necessary to implement this Resolution. APPROVED and ADOPTED this _____ day of __________ 2006. Albert Vera City of Culver City ATTEST: APPROVED AS TO FORM: Christopher Armenta, City Clerk Carol Schwab City Attorney CITY OF CULVER CITY 9770 CULVER BOULEVARD, CULVER CITY, CALIFORNIA 90232-0507 (310) 253-5700  FAX (310) 253-5779 Susan Evans Community Development Director March 21, 2006 Mr. Michael P. Clausen 4064 Colonial Avenue Culver City, CA 90066 RE: APN 4231-002-060 Dear Mr. Clausen: Under California law, the City of Culver City (“City”) has the authority to acquire property for public improvements including street and alley construction, realignment and widening, adjacent parkways and landscaping. You are the owner of the property located at 4064 Colonial Avenue in Culver City California (the “Property”) and have agreed to sell that property to the City. The Culver City Redevelopment Agency is in the process of redeveloping Property that includes your site. This will require the City to reconfigure the public alley between Centinela Avenue and Colonial Avenue. If you had not agreed to sell your property to the City, it would consider exercising its power of eminent domain to acquire your Property. This letter acknowledges that, under the threat of and in lieu of condemnation of your Property, you have made a determination to sell your Property to the City. Sincerely, Susan Evans Community Development DirectorCITY OF CULVER CITY 9770 CULVER BOULEVARD, CULVER CITY, CALIFORNIA 90232-0507 (310) 253-5700  FAX (310) 253-5779 Susan Evans Community Development Director March 21, 2006 Metro Motel LLC Mr. Vipin Patel 8846 National Boulevard Culver City, CA 90232 RE: APN 4312-014-010,020,046,047,048,049,053 Dear Mr. Patel: Under California law, the City of Culver City (“City”) has the authority to acquire property for public improvements including street, parking, and alley construction, realignment and widening, adjacent parkways and landscaping. You are the owner of the property located at 8846 National Boulevard in Culver City California (the “Property”) and have agreed to sell that property to the City. The Culver City Redevelopment Agency is in the process of redeveloping Property that includes your site. This will require the City to construct a public parking garage that will run the length of the project and will include a public plaza for both Metro riders and the general public. If you had not agreed to sell your property to the Agency, the City would consider exercising its power of eminent domain to acquire your Property. This letter acknowledges that, under the threat of and in lieu of condemnation of your Property, you have made a determination to sell your Property to the City. Sincerely, Susan Evans Community Development Director