HomeMy WebLinkAbout1999-02-16; City Council; 15064; Memorandum Of Understanding Pine School PropMTG. a-h - 4 9 UNDERSTANDING FOR SALE OF THE CITY ATTY@?.
A DEPT.
RECOMMENDED ACTION :
If Council concurs, adopt Resolution No. 79 -69 authorizing the Mayor to sign a
Memorandum of Understanding between the City of Carlsbad and Carlsbad Unified School
District outlining an acquisition strategy for the Pine School property, and directing staff to initiate
the acquisition process.
ITEM EXPLANATION :
Since 1982 the Parks and Recreation Element of the General Plan has acknowledged the need
to expand recreation opportunities in the City’s Northwest Quadrant. More specifically, the
General Plan adopted by City Council on September 6, 1994 outlines an objective under the
goals of park development “To consider the acquisition of additional parkland in the Northwest
Quadrant a priority of the City.” Moreover, in pursuit of those goals, it has been the ambition of
Staff and a citizen advocacy group for park development in the Northwest Quadrant to seek the
acquisition of the Pine School property if and when that opportunity was set forth.
Recently, the issue of the sale of the Pine School property has been the topic of discussion at a
City / School Coordinating Committee between staff and a minority of elected officials from both
respective Boards. In consideration of the City of Carlsbad’s long standing solicitation to acquire
the Pine School site for Community Recreation purposes; and, in consideration of Carlsbad
Unified School District’s (CUSD) current desire to negotiate the sale of the property to more
effectively address the facility needs of the students within the District, the attached
Memorandum of Understanding (Exhibit 2) has been prepared to outline an acquisition strategy.
Preparing the framework of the MOU has been a collaborative effort between City and CUSD
staff. As presented, the MOU addresses the following commitments and identifies areas which
will require further resolution prior to the conclusion of sale, they are:
l Commitment to sell / acquire property for the appraised value
l Outlines the appraisal process
l Establishes timeline for acquisition
l Leaseback options
l Indemnification
l Minimum occupancy time frames and Notice to Vacate expectations
l Relocation responsibilities
If Council concurs, Staff is prepared to initiate the appraisal process immediately and negotiate
additional contingencies of the sale concurrent with the appraisal process. As outlined in the
MOU, a target date for conclusion is May 31, 1999.
.
AB# I<o@
Page 2
FISCAL IMPACT:
Ultimately, funding for the acquisition of property for park purposes in the Northwest Quadrant
will come from the Park-in-Lieu account for that quadrant. Until an appraisal is completed, the
value of the property at this time cannot be established. It is estimated that adequate funding
for acquisition exists in the Northwest Quadrant Park-in-Lieu account at this time. The MOU
specifies a shared cost between the City and CUSD for the appraisal process.
EXHIBITS:
I. Resolution No. 9% - 6’j
2. Memorandum of Understanding between Carlsbad Unified School District and City of
Carlsbad I Pine School sale.
RESOLUTION NO. 99-6!$
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO SIGN A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
CARLSBAD AND THE CARLSBAD UNIFIED SCHOOL DISTRICT
OUTLINING AN ACQUISITION STRATEGY FOR THE SALE OF THE
PINE SCHOOL PROPERTY FOR COMMUNITY RECREATION
PURPOSES
WHEREAS, the City of Carlsbad has solicited the sale of the Pine School
property from Carlsbad Unified School District (CUSD) for many years as a means of
fulfilling the need for parkland in the City’s Northwest Quadrant, and;
WHEREAS, the Parks and Recreation Element of the Carlsbad General Plan
acknowledges the acquisition of parkland in the City’s Northwest Quadrant to be a
priority for the goal of park development, and;
WHEREAS, CUSD has indicated a willingness to sell the Pine School property in
order to better meet the facility needs of the students within the District, and;
WHEREAS, the City and CUSD have prepared a Memorandum of
Understanding (a copy of which is attached hereto and made a part 09 outlining the
strategy to effectuate the sale of the Pine School property to allow for community
recreation purposes and to aid the facility needs of CUSD.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, the following:
1. That the above recitations are true and correct.
2. That the Mayor is hereby authorized to sign a Memorandum of
Understanding between the City and CUSD outlining an acquisition
strategy for the sale of the Pine School property and,
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
3. That the City Council does hereby authorize staff to pursue the acquisition
of the Pine School property for community recreation purposes and return
to Council for final approval of the sale when specifics of the acquisition
have been further defined.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council
of the City of Carlsbad, California, held on the 16th day of February, 1999, by the
following vote to wit:
AYES: Council Members Lewis, Hall, Nygaard and Kulchin
NOES: None
ABSENT: Council Member Finnila
ATTEST: . kc% HA K Z, City Clerk
KAREN R. KUNDTZ, Assistant City Clerk
-
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CARLSBAD
(CITY) AND THE CARLSBAD UNIFIED SCHOOL DISTRICT (DISTRICT) FOR THE
SALE OF THE PINE SCHOOL PROPERTY
In consideration of the City of Carlsbad’s long standing solicitation to acquire the Pine
School site for community recreation purposes; and, in consideration of Carlsbad
Unified School Districts current desire to negotiate the sale of the Pine School property
to more effectively address the facility needs for the students within the District, the
following Memorandum of Understanding (MOU) is offered to each respective Board for
review, advisement and approval.
This MOU serves to memorialize the collaborative endeavors of staff to date in
promoting good faith efforts while developing strategies and goals to ultimately
accomplish the sale of the Pine School site. Having been the subject of discussion at
the November 18, 1998 City/School Coordinating Committee, it was the
recommendation of both staff and representatives from each respective Board that the
majority of each Board should consider this matter and direct their staff accordingly with
respect to the goals and strategies as outlined below:
1. District shall sell the Pine School site to the City for the appraised value prior to
May 31, 1999.
2. An appraisal of the site shall be commissioned to determine a fair and equitable
purchase price for the 7.2 acre site referred to as the Pine School property.
i. .City and District shall seek to retain the appraisal services of a mutually
acceptable, reputable and neutral party at a shared cost.
ii. In an effort to identify a fair and equitable property value, shared input to
the appraisal process from the City and District shall be encouraged.
Issues related to that process wifl include but may not be limited to
utilizing underlying General Plan and Zoning designation (absent public
use of the property), facility demolition and removal, hazardous waste
removal, etc.
iii. In the event either party shall disagree with the appraised value, an
additional appraisal may be commissioned. The total cost of such
appraisal shall be assumed by the requesting party. The actual purchase
price may then require further negotiations, resulting in an inability to meet
the time deadlines stated above.
3. All efforts shall be made to implement the appraisal process and complete the
acquisition in a timely manner to accommodate C.U.S.D.‘s need to fund the
acquisition of the Calavera School site.
4. City shall lease back the Pine School site to the District for the continuation of
current District functions occurring on the property. Specifically those functions are
the Carlsbad Village Academy, the Pine School classroom use by elementary
students until their relocation to the Jefferson School, and the District maintenance
functions currently existing onsite. Terms of the lease shall address but may not be
limited to the following:
arlsbad Unified School District
801 Pine Avenue l Carlsbad, CA 92008
w (760) 729-9291 l FAX (760) 729-9685 . . .a world class district
February 1,1999
Mr. Keith Beverly
Senior Management Analyst
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Dear Keith,
I received the materials on the appraiser, Randy Tagg, and have had an opportunity to review his
work. He appears to be very thorough and knowledgeable of properties in our area. The next
step I believe we need to take is to meet directly with him. Would you prefer that I make those
arrangements or would you prefer to do this and would you wish to be there for the meeting? Let
me know soon.
On another matter, I am concerned that the success of this approach of using a single appraiser
will result in some possible negative consequences if we do not plan in advance the specific
parameters/criteria for conducting the appraisal.
I know that we have established in former meetings that medium-high residential density is the
current appropriate zoning. However, we have not clearly established the total number of units
that could be built under that zoning or the potential types of development. Given the fact that
the Senior Center is contiguous to this property and the fact that a great deal of development
across town for senior retirement housing/care facilities has occurred recently, I believe this must
be considered. And, of course, we both know that this large of a parcel located so centrally
downtown, without habitat problems, is a valuable piece of property. We are interested in
making sure that before we turn loose an appraiser to begin his work, all these factors and others
are figured into the picture. Perhaps it would be timely to have another meeting as soon as we
select the appraiser to discuss these issues.
r Keith Beverly
City of Carlsbad
February 1,1999
Page 2
I will present the last draft of the Memo of Understanding between us at my next Board meeting
on February lo*. However, I would like to be able to answer questions that might arise
concerning the specifics/parameters of how the appraisal will proceed. Let’s talk soon on how
this can be accomplished.
Cheryl Ernst
Superintendent
cc: John Blair, Assistant Superintendent, Business Services, CUSD
Frank Mannen, Assistant City Manager, City of Carlsbad
Ken Price, Recreation and Park Planning Manager, City of Carlsbad
WRITE IT - DON’T SAY IT!
To
From
Keith Beverly / Recreation
Kathleen Shoup / Clerk's
Date February 22
0 Reply Wanted
[XINo Reply Necessary
19 99
ATTACHED ARE TWO ORIGINAL MEMORANDUM OF UNDERSTANDING with the Carlsbad Unified School
District.
Per your conversation with Karen Kundtz, Assistant City Clerk, you are to arrange to
have the appropriate person at CUSD sign both documents. They will retain one original
and you will arrange to have the second original returned to the City Clerk's Office.
If you run into any problems please give me a call as soon as possible.
THANKS
e