HomeMy WebLinkAbout2013-09-24; City Council; 21374; Intention to Sell Buena Vista Reservoir SiteCITY OF CARLSBAD - AGENDA BILL
AB#
MTG.
DEPT.
21.374 APPROVE NOTICE OF INTENTION TO SELL
CITY PROPERTY, THE BUENA VISTA
RESERVOIR SITE, APN 156-200-16-00
AND SET A PUBLIC HEARING
DEPT. DIRECTOR
CTTYATTY.
CITY MGR.
AB#
MTG.
DEPT.
9/24/13
APPROVE NOTICE OF INTENTION TO SELL
CITY PROPERTY, THE BUENA VISTA
RESERVOIR SITE, APN 156-200-16-00
AND SET A PUBLIC HEARING
DEPT. DIRECTOR
CTTYATTY.
CITY MGR.
AB#
MTG.
DEPT. PW-PEM
APPROVE NOTICE OF INTENTION TO SELL
CITY PROPERTY, THE BUENA VISTA
RESERVOIR SITE, APN 156-200-16-00
AND SET A PUBLIC HEARING
DEPT. DIRECTOR
CTTYATTY.
CITY MGR.
RECOMMENDED ACTION:
Approve Resolution No. 2Q13-234 of the City Council of the City of Carlsbad,
approving a Notice of Intention to Sell City Property, the Buena Vista Reservoir Site , APN 156-200-
16-00 and set a public hearing.
ITEM EXPLANATION:
The City of Carlsbad owns considerable real estate within the city. Due to the size and value of
the real property portfolio and the changing uses of such, the city continuously evaluates
underutilized assets in an effort to increase their utility to the city and its citizens.
On August 21, 2012, staff presented in a joint meeting ofthe City of Carlsbad City Council and
the Carlsbad Municipal Water District Board of Directors a group of underutilized properties for
their consideration and direction. Included in these properties was a parcel referred to as the
Buena Vista Reservoir. Buena Vista Reservoir is located on Buena Vista Way, immediately
south of Arland Road (Exhibits 2 and 3 - Site Map and Location Map). The site is
approximately 3.16 acres with a City of Carlsbad General Plan designation of Residential Low
to Moderate (RLM) and a zoning designation of R-1.
The reservoir site was originally transferred to the City with the dissolution of the Carlsbad
Mutual Water District in the 1950's. The reservoir has been inoperable for a prolonged period
of time and currently the site is used as a staging area for materials. City staff has determined
that this site is no longer necessary for operations now or in the foreseeable future.
Pursuant to California Code Section 37420, staff recommends that the City Council make a
finding that the public interest and convenience require the sale of this property. This finding is
supported by the financial benefit the city would receive from the revenue from the initial sale
and the ongoing revenue generated from property taxes. Development of the site would also
provide additional housing opportunities which will benefit the community at large. It is
expected that the development of any project on the Buena Vista Reservoir site will be required
to go through the standard review and authorization process and will be required to comply with
all applicable laws and regulations.
DEPARTMENT CONTACT: Joe Garuba (760) 434-2893 or ioe.garuba(S),carlsbadca.qov
FOR SECRETARY'S USE ONLY. X BOARD ACTION: APPROVED X CONTINUED TO DATE SPECIFIC •
DENIED CONTINUED TO DATE UNKNOWN •
WITHDRAWN • RETURNED TO STAFF •
AMENDED • BOARD RECEIVED THE •
REPORT/PRESENTATION
OTHER-SEE MINUTES •
Page 2
The process for contemplating a sale of property Is identified in code section 37420 Et seq. Per
Section 37422, the Resolution of Intention to Sell City Property must:
(a) Fix a time for hearing protests to the sale.
(b) Provide for publication ofthe notice of hearing.
(c) Fix the time final action will be taken.
(d) Contain an accurate description ofthe property to be sold.
Staff recommends that the Notice of Intention to Sell City Property be approved and that the
hearing for Final Action be scheduled for the November 5, 2013 City Council meeting. In this
context, Final Action is the authorization to sell the property, not the actual sale itself. At any
time prior to final action, any person interested may protest the proposed sale. The protest may
be written and delivered to the City of Carlsbad City Clerk or an oral protest at the meeting
considering the final action. If no protests are received, or the City Council overrules the
protests by a four-fifths vote of its members, it may proceed with the sale.
In the course of evaluating the property, staff identified an erroneous legal description on the
recorded property title. This error was traced back to the original transfer in 1958 between the
Carlsbad Mutual Water District and the City of Carlsbad. In order to rectify this error, staff will
provide a Corrected Grant Deed for City Council approval in conjunction with the Final Action.
This action is necessary for the property to be sold.
If the City Council determines it is in the public interest to sell the property, it will be marketed to
potential bidders. Staff will return to the Carlsbad City Council with a formal recommendation
after bids have been evaluated.
FISCAL IMPACT:
The revenue generated from the sale of the property will be deposited into the City of Carlsbad
General Fund. The value ofthe property is based on the potential density ofthe site subject to
market forces. Staff will commission a formal appraisal of the property prior to final approval to
sell to ensure that an accurate assessment of fair market value for the property is identified.
ENVIRONMENTAL IMPACTS:
A resolution of intention to sell city property does not constitute a "project" within the meaning of
CEQA in that it has no potential to cause either a direct physical change in the environment, or
a reasonably foreseeable indirect physical change in the environment, and therefore does not
require environmental review. Public Resources Code Section 21065.
Future development of the Buena Vista Reservoir site likely would be considered an in-fill
development project. If so, it would also be exempt from environmental review based on CEQA
Guidelines Section 15332.
Page 3
EXHIBITS:
1. Resolution No. 2013-234 of the City Council of the City of Carlsbad
approving a Notice of Intention to Sell City Property, the Buena Vista Reservoir Site,
APN 156-200-16-00 and set a public hearing.
2. Buena Vista Reservoir Property Site Location Map.
3. Buena Vista Reservoir Property Site Aerial Map.
Exhibit 1
1 RESOLUTION NO. 2013-234
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING THE NOTICE OF INTENT TO SELL BUENA
VISTA RESERVOIR APN 156-200-16-00 AND SET A PUBLIC HEARING
WHEREAS, the City of Carlsbad owns considerable real estate within the city; and
WHEREAS, due to the size and value ofthe real property portfolio and the changing uses
3
4
5
6
y of such, the city continuously evaluates underutilized assets in an effort to increase their utility
8 to the city and its citizens; and
^ WHEREAS, in August 21, 2012, staff presented in a joint meeting of the City of Carlsbad
City Council and the Carlsbad Municipal Water District Board of Directors a group of
11
underutilized properties for their consideration and direction; and
12
WHEREAS, Included in these properties was a parcel referred to as the Buena Vista
14 Reservoir; and
15 WHEREAS, Buena Vista Reservoir is located on Buena Vista Way, immediately south of
Arland Road; and
WHEREAS, the reservoir site was originally acquired by the city with the dissolution of
the Carlsbad Mutual Water District in the 1950's; and
WHEREAS, the reservoir has been underutilized for a prolonged period of time; and
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21 WHEREAS, City Council has determined that this site is no longer necessary for
22 operations; and
WHEREAS, pursuant to California Code Section 37420, the City Council finds that it is in
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the public convenience and interest is best served through the sale ofthe property; and
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WHEREAS, these findings are supported by the financial benefit the city would receive
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2^ from the revenue from the initial sale and the ongoing revenue generated from taxes; and
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1 WHEREAS, the revenue generated from the sale of the property will be directed to the
^ City of Carlsbad General Fund; and
3
WHEREAS, development ofthe site will provide additional housing opportunities for the
4
community at large;
5
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
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7 California, as follows that:
^ 1. The above recitations are true and correct.
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12 4. Any protests to the sale will be heard at a public hearing on the matter set for the City
13 Council meeting of November 5, 2013 to be held in the City of Carlsbad Council
Chambers located at 1200 Carlsbad Village Drive, Carlsbad, Ca.
5. The Notice of Public Hearing for that date shall be published at least once in a daily
newspaper published and circulated in the city. It shall be posted for not less than ten
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2. The public interest and convenience require the sale of the Buena Vista Reservoir site.
3. The City Council intends to sell the Buena Vista Reservoir site, APN 156-200-16-00.
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Ig days in at least three conspicuous places upon the parcel to be sold.
19 6. The Buena Vista Reservoir site is accurately depicted on the site map attached hereto as
Exhibit 3.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 24*^ day of September, 2013, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Blackburn and Douglas.
None.
ABSENT: None.
ATTEST:
BARBARA ENGLESON
LOCATION MAP EXHIBIT 2
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VICINITY
MAP
PROJECT NAME
Buena Vista Way Reservoir Property Site
EXHIBIT
J:\Requests201 OPIus\PropEnvi ron\MuniProp\5148207_13 1
J \Requests2010Plus\PropEnviron\MuniProp\5148207_13 Buena Vista Way Reservoir Property Site
Aerial Map
iFeet
Exhibit 3