Loading...
HomeMy WebLinkAbout1999-02-16; City Council; Resolution 99-690 0 RESOLUTION NO. 99-69 1 2 3 4 5 6 7~ 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 property from Carlsbad Unified School District (CUSD) for many years as a rr 8 fulfilling the need for parkland in the City’s Northwest Quadrant, and; 9 acknowledges the acquisition of parkland in the City’s Northwest Quadrant 10 WHEREAS, the Parks and Recreation Element of the Carlsbad Gene ’I // priority for the goal of park development, and; l2 Ii WHEREAS, CUSD has indicated a willingness to sell the Pine School prl 13 14 order to better meet the facility needs of the students within the District, and; 15 I/ WHEREAS, the City and CUSD have prepared a Memorandum of 16 strategy to effectuate the sale of the Pine School property to allow for communit 17 Understanding (a copy of which is attached hereto and made a part of) outlining 22 21 20 19 recreation purposes and to aid the facility needs of CUSD. 18 NOW, THEREFORE, BE IT RESOLVED by the City Council of the Carlsbad, California, the following: 1. That the above recitations are true and correct. 23 24 2. That the Mayor is hereby authorized to sign a Memoran Understanding between the City and CUSD outlining an acc 25 11 strategy for the sale of the Pine School property and, 26 27 //I /I/ 28 /I 0 0 1 2 3 4 5 6 7 a 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 ac of the Pine School property for community recreation purposes a1 to Council for final approval of the sale when specifics of the ac have been further defined. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Citl of the City of Carlsbad, California, held on the 16th day of February , 199! following vote to wit: AYES: Council Members Lewis, Hall, Nygaard and Kulchin NOES: None ABSENT: Council Member Finnila ATTEST: , KAREN R. KUNDTZ, Assistant City Clerk i ~ I a e MEMORANDUM OF UNDERSTANDING BETWEEN THE ciw 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 fa 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 wit1 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 wiil 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 me€ 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: e e i. A minimum time frame to allow occupancy by the District for all District functions currently in use on the site shall be two (2) years from the date of purchase. ii. Relocation efforts shall be actively pursued by the School District and thl District will waive any rights to reimbursement for relocation expenses. iii. A fair Lease rate will be negotiated by the parties. iv. Contingent upon future development plans for the site, adequate notice for the School District to vacate the site shall be.provided. v. Indemnification of City will be provided by District during the Lease-back term. CARLSBAD UNIFIED SCHOOL DISTRICT .-1 By: Steve Cade, President 12/29/38 '9