HomeMy WebLinkAbout2018-11-13; City Council; ; Acquisition of real property in the northeast quadrant commonly known as the Lubliner Project, and in the southwest quadrant commonly known as the Paseo Del Norte PreservCA Review (PV
~ CITY COUNCIL V Staff Report
Meeting Date
To:
From:
Staff Contact:
Subject
November 13, 2018
Mayor and City Council
Scott Chadwick, City Manager
Kyle Lancaster, Parks Services Manager
kyle.lancaster@carlsbadca .gov or 760-434-2941
Acquisition of real property in the northeast quadrant commonly known
as the Lubliner Project, and in the southwest quadrant commonly known
as the Paseo Del Norte Preserve
Recommended Action
Adopt a Resolution authorizing the city's Real Estate Manager to negotiate with Bepton
Investments, LLC on acquisition of real property in the northeast quadrant commonly known as
the Lubliner Project, and with Paseo del Norte, LLC on acquisition of real property in the
southwest quadrant commonly known as the Paseo Del Norte Preserve.
Executive Summary
On March 14, 2017, the City Council approved the General Plan Lawsuit Settlement Agreement
(Agreement) between the City of Carlsbad and North County Advocates (NCA). One of the
provisions of that settlement agreement requires the city to continue to consider and evaluate
properties for potential acquisition of open space, and use good faith efforts to acquire those
properties. Staff has considered and evaluated two particular open space properties for
potential acquisition by the city. Those properties are commonly known as the Lubliner Project
located on College Boulevard (APN 209-060-05), and the Paseo Del Norte Preserve located south
of 6125 Paseo del Norte (APN: 211-040-39).
This item is being presented to the City Council pursuant to the California Government Code
Section 54956.8, which requires that a local agency hold an open and public session in which it
identifies its negotiators, the real property or real properties which the negotiations may concern,
and the person or persons with whom its negotiators may negotiate.
Discussion
In negotiations to settle the lawsuit against the city's certification of the General Plan
Environmental Impact Report, NCA expressed their desire that the city continue to consider and
evaluate properties for potential acquisition of open space, and use good faith efforts to acquire
those properties. In March 2017, the City Council approved the Agreement between the City of
Carlsbad and NCA [Council Resolution No. 2017-228), which includes Section 4.3.15:
The City will meet and collaborate with NCA at least twice annually to discuss the status of
acquiring, for the purpose of open space preservation in perpetuity, the properties listed in the City
Council approved Proposition C Open Space and Trails Ad Hoc Committee Property Analysis ranking
November 13, 2018 Item #6 Page 1 of 9
chart. As a part of these meetings, the City will also consider and evaluate for acquisition any other
property that is not listed on the Proposition C Open Space and Trails Committee Property Analysis
ranking chart. In doing so, the City will utilize the Property Acquisition Ranking Criteria developed
by the Proposition C Open Space and Trails Ad Hoc Committee to consider the value of the
acquisition regardless of rank, for open space preservation in perpetuity, any property not included
on the Proposition C list. If, through these meetings, a property is evaluated and identified as
being appropriate for acquisition for open space preservation in perpetuity, which shall also include
identification as having a willing seller, the City shall use good faith efforts to acquire the
property ... City and other funds may only be used for costs that are necessary to acquire the real
property including but not limited to deposits required by purchase agreements, necessary option
payments, appraisals, technical reports, environmental studies of the property, and purchase price
payments. For the purpose of this section, there is no time frame identified, no maximum funding
limit on the amount of City funds made available to acquire property for open space preservation in
perpetuity, and the minimum funding amount the City shall make available to acquire property for
open space preservation in perpetuity is $4,000,000.
Pursuant to the Agreement, an Open Space Acquisition Committee (Committee) of
interdepartmental staff meets approximately four times annually to review open space properties
for potential acquisition by the city. The Committee is comprised of: Parks & Recreation Director,
Parks Services Manager, Parks Planning Manager, Parks Planner, Real Estate Manager, Assistant
City Attorney, Environmental Services Manager, and Senior Program Manager -Habitat
Management Plan. In addition, Committee representatives meet at least twice annually with NCA
representatives, in accordance with the above section of the Agreement.
The Committee has considered and evaluated two particular open space properties for potential
acquisition by the city. Those properties are commonly known as the Lubliner Project, and the
Paseo Del Norte Preserve. A brief description of each of these properties follows:
Lubliner Project
• A 17.7 acre vacant parcel, located southeasterly of the current eastern terminus of College
Boulevard, which is several hundred feet east of El Camino Real [Exhibit 2]
• Listed as number eight of fourteen properties in the City Council approved 2007
Proposition C Open Space and Trails Ad Hoc Committee Property Analysis ranking chart
• Contains rolling topography, with the Agua Hedionda Creek along its southern boundary
• Zoned LC (Limited Control)
• General Plan Land Use Designated R-4 (Residential 0-4 du/ac) and OS (Open Space)
• Located within the Habitat Management Plan (HMP) Standards area
• Subject to Local Facilities Management Zone 15 Standards for development
• Part of wildlife movement corridor identified by Multiple Habitat Conservation Plan (MHCP)
• Possible source of riparian/wetland enhancement credit
• Possible source of upland mitigation credit, including coastal sage scrub, which could be
used for MHCP Gnatcatcher Core Area credit
November 13, 2018 Item #6 Page 2 of 9
Paseo Del Norte Preserve
• A 1.31 acre vacant parcel, located on the west side of Paseo Del Norte, immediately south
of 6125 Paseo Del Norte [Exhibit 3].
• Classified as other property that is not listed on the Proposition C Open Space and Trails Ad
Hoc Committee Property Analysis ranking chart
• Within an urbanized coastal area
• Zoned OS (Open Space -within a Commercial Visitor Serving Overlay)
• General Plan Land Use Designated OS (Open Space)
• Located within the HMP Hardline and therefore unavailable for development
• Part of a wildlife movement corridor identified by HMP
• Pending the recording of a restrictive covenant by developer of the property to the north
• Partially restored and presently under basic long-term management via an endowment
• Requires a modest increase in restoration to be brought up to standards for mitigation
Matt Weaver is the agent for the ownership group of the Lublin er Project, and Scott Leggett is the
agent for the ownership group of the Paseo Del Norte Preserve. During the course of initial
discussions with the respective agent of each ownership group, both agents advised Committee
representatives of a general willingness to sell the subject properties.
The city's Real Estate Manager then obtained an appraisal of each property, and forwarded them
accordingly_. Both the Lubliner Project owner and the Paseo del Norte Preserve owner expressed
an interest in entering into negotiations for the potential acquisition of the properties by the city.
The Committee representatives met with NCA representatives on October 23, 2019, to discuss the
potential acquisitions of these open space properties, and the NCA representatives expressed their
full support for the city entering into negotiations with these respective property owners.
California Government Code Section 54956.8 states:
Notwithstanding any other provision of this chapter, a legislative body of a local agency may hold a
closed session with its negotiator prior to the purchase, sale, exchange, or lease of real property by
or for the local agency to grant authority to its negotiator regarding the price and terms of
payment for the purchase, sale, exchange, or lease.
However, prior to the closed session, the legislative body of the local agency shall hold an open and
public session in which it identifies its negotiators, the real property or real properties which the
negotiations may concern, and the person or persons with whom its negotiators may negotiate.
Staff is requesting authorization for the Real Estate Manager to negotiate with Matt Weaver on
acquisition of real property known as the Lubliner Project, and with Scott Leggett on acquisition of
real property known as the Paseo Del Norte Preserve. Staff will return to the City Council to
consider approval of any possible purchase proposal(s), upon conclusion of the negotiations.
November 13, 2018 Item #6 Page 3 of 9
Fiscal Analysis
There is no direct fiscal impact from the authorization to negotiate the acquisition of the subject
properties. Should those separate negotiations result in a proposal for the city to purchase one
or both of the properties, the Real Estate Manager will return to the City Council with the
proposal(s) for consideration.
Next Steps
The Real Estate Manager will negotiate with Bepton Investments, LLC on acquisition of real
property in the northeast quadrant commonly known as the Lubliner Project, and with Paseo del
Norte, LLC on acquisition of real property in the southwest quadrant commonly known as the
Paseo Del Norte Preserve.
Environmental Evaluation (CEQA)
This action is categorically exempt from the California Environmental Quality Act pursuant to
CEQA Guidelines Section 15325 (Transfers of ownership of interest in land to preserve existing
natural conditions and historical resources). This exemption also recognizes land acquired to
allow restoration of natural conditions.
Public Notification
This item was noticed in accordance with the Ralph M. Brown Act and was available for public
viewing and review at least 72 hours prior to the meeting date and time.
Exhibits
1. City Council Resolution
2. Lubliner Project -Site Map
3. Paseo Del Norte Preserve -Site Map
November 13, 2018 Item #6 Page 4 of 9
RESOLUTION NO. 2018-191
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE REAL ESTATE MANAGER TO
NEGOTIATE WITH BEPTON INVESTMENTS, LLC ON ACQUISITION OF
REAL PROPERTY IN THE NORTHEAST QUADRANT COMMONLY
KNOWN AS THE LUBLINER PROJECT, AND WITH PASEO DEL NORTE,
LLC ON ACQUISITION OF REAL PROPERTY IN THE SOUTHWEST
QUADRANT COMMONLY KNOWN AS PASEO DEL NORTE PRESERVE
WHEREAS, in negotiations to settle the lawsuit against the city's certification of the
General Plan Environmental Impact Report, North County Advocates (NCA) expressed its desire
that the city continue to consider and evaluate properties for potential acquisition of open space,
and use good faith efforts to acquire those properties; and
WHEREAS, over the course of several meetings, staff has considered and evaluated
two particular open space properties for potential acquisition by the city; and
WHEREAS, those properties are commonly known as the Lubliner Project located
on College Boulevard (APN 209-060-05), and Paseo Del Norte Preserve located south of 6125 Paseo
del Norte (APN: 211-040-39); and
WHEREAS, during the course of initial discussions with the respective agent of each
ownership group, both agents advised staff of a general willingness to sell the subject properties;
and
WHEREAS, the city's Real Estate Manager then obtained an appraisal of each
property, and forwarded them accordingly; and
WHEREAS, both the Lubliner Project property owner and Paseo del Norte Preserve
owner expressed an interest in entering into negotiations for the potential acquisition of the
properties by the city.
November 13, 2018 Item #6 Page 5 of 9
WHEREAS, NCA representatives have expressed full support for the city entering
into such negotiations; 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
real properties which the negotiations may concern, and the person or persons with whom its
negotiators may negotiate; and
WHEREAS, staff is requesting authorization for the Real Estate Manager to
negotiate with Bepton Investments, LLC on acquisition of real property known as the Lubliner
Project, and with Paseo Del Notre, LLC on acquisition of real property known as Paseo Del Norte
Preserve.
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 City of Carlsbad Real Estate Manager is authorized to negotiate with Bepton
Investments, LLC on acquisition of real property known as the Lubliner Project, and with Paseo
Del Norte, LLC on acquisition of real property known as Paseo Del Norte Preserve.
3. That staff will return to the City Council to consider approval of any possible purchase
proposal(s), upon conclusion of the negotiations.
November 13, 2018 Item #6 Page 6 of 9
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the 13th day of November, 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
M. Hall, K. Blackburn, M. Schumacher, C. Schumacher.
None.
M. Packard.
MATT HALL, Mayor
ATTEST:
November 13, 2018 Item #6 Page 7 of 9
Chris Hazeltine, Parks & Recreation Director
Kyle Lancaster, Parks Services Manager
November 13, 2018
Acquisition of Lubliner Project
and Paseo Del Norte Preserve
Recommended Action
•Adopt a Resolution authorizing the city’s Real Estate
Manager to negotiate with Bepton Investments, LLC on
acquisition of real property in the NE quadrant commonly
known as the Lubliner Project, and with Paseo del Norte,
LLC on acquisition of real property in the SW quadrant
commonly known as the Paseo Del Norte Preserve
Settlement Agreement
•General Plan (GP) Lawsuit Settlement Agreement
•Approved by City Council on March 14, 2017
•Between City and North County Advocates (NCA)
•Section 4.3.15 addresses open space (OS) acquisition
Agreement Section 4.3.15
•City to Meet with NCA at least twice annually:
•Discuss acquiring property listed in Prop C Open Space
and Trails Ad Hoc Committee Property Analysis chart
•Consider and evaluate for acquisition any other
property not listed in that chart
Agreement Section 4.3.15
•City to Meet with NCA at least twice annually:
•If a property is evaluated and identified as being
appropriate for acquisition (including a willing seller),
city shall use good faith efforts to acquire the property
Agreement Section 4.3.15
•City and other public funds may only be used for costs
necessary to acquire the real property
•For purpose of this section, no time frame is identified
Agreement Section 4.3.15
•Parameters of city funds to acquire property are:
•No maximum funding limit
•Minimum funding of $4,000,000
OS Acquisition Committee
•Comprised of several interdepartmental staff
•Meets quarterly to review open space properties
•Representatives meet with NCA twice annually
•Has considered the following two properties
Lubliner Project
Lubliner Project
•17.7 acres, S.E. of the current E. terminus of College Blvd.
•Listed eighth of fourteen properties in the analysis chart
•Rolling topography; Agua Hedionda Creek along boundary
•Zoned LC (Limited Control)
•GP Land Use Designated R-4 (Res. 0-4 du/ac) and OS
Lubliner Project
•Located within Habitat Management Plan Standards area
•Subject to Local Facilities Management Zone 15 Standards
•Part of an identified wildlife movement corridor
•Possible source of riparian/wetland enhancement credit
•Possible source of upland mitigation credit
Paseo Del Norte Preserve
Paseo Del Norte Preserve
•1.31 acres, W. side of Paseo Del Norte, S. of 6125 address
•Not listed on the analysis chart
•Within an urbanized coastal area
•Zoned OS
•General Plan Land Use Designated OS
Paseo Del Norte Preserve
•Located within the HMP Hardline
•Part of an identified wildlife movement corridor
•Pending recording of a restrictive covenant by developer
•Partially restored and under basic long-term management
•Requires a modest increase in restoration
Committee’s Initial Actions
•Identified Matt Weaver as agent: Lubliner Project
•Identified Scott Leggett as agent: Paseo Del Norte Preserve
•Received agents’ general willingness to sell properties
Committee’s Initial Actions
•Obtained appraisals of properties and forwarded to agents
•Received agents’ interest in entering into negotiations
•Received NCA’s support of such entering into negotiations
CA Govt. Code Section 54956.8
•Prior to closed session, legislative body of an agency shall:
•Hold an open and public session in which it identifies
its negotiators, the real property or real properties
which the negotiations may concern, and the person or
persons with whom its negotiators may negotiate
Recommended Action
•Adopt a Resolution authorizing the city’s Real Estate
Manager to negotiate with Bepton Investments, LLC on
acquisition of real property in the NE quadrant commonly
known as the Lubliner Project, and with Paseo del Norte,
LLC on acquisition of real property in the SW quadrant
commonly known as the Paseo Del Norte Preserve
Question & Answer